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HomeMy WebLinkAbout20221427.tiffUnified Title Company of Northern Colorado, LLC 1275 58th Avenue, Unit C Greeley, CO 80634 Phone: 970-356-3551 Fax: 970-356-2063 Transmittal Information Date: File No Property Address BuyerTonower Seller 06/16/2021 22328UTG 11402 County Road 6, Fort Lupton, CO 80621 Road Trucking, Inc., a Colorado corporation Highline Capital Corp., a Delaware corporation For changes and updates please contact your Escrow Officer: Cheri Kern Unified Title Company of Northern Colorado, LLC 1275 58th Avenue, Unit C Greeley, CO 80634 Phone 970-356-3551 Direct Phone: 970-475-0788 Fax: 970-356-2063 Email TeamKern@stewart.com Escrow Processor: Lexi Minjarez E -Mail: alexis.minjarez@stewart.com Direct Phone: Escrow officer(s): Title Officer: Melissa Scherer Unified Title Company of Northern Colorado, LLC 1275 58th Avenue, Unit C Greeley, CO 80634 Phone: 970-356-3551 Fax: 970-356-2063 Email: mscherer@.unifiedtitle.com Copies Sent to Buyer: Road Trucking, Inc., a Colorado corporation DELIVERED VIA: E-MAIL Buyer's Agent: Recom Real Estate 4155 E. Jewell Avenue, Suite 616 Denver, CO 80222 Attn: Jorge Valdez Phone: 303-452-3300 Fax: 303-773-8800 DELIVERED VIA: E-MAIL Buyer's Attorney: Lender: Highline Capital Corp. 1101 W. Mineral Avenue #101 Littleton, CO 80120 Seller: Highline Capital Corp., a Delaware corporation DELIVERED VIA: AGENT Seller's Agent: Your Castle Real Estate 2755 S. Locust Dt. #150 Denver, CO 80222 Attn: Scott Cobb Phone: 303-962-4272 Fax: DELIVERED VIA: E-MAIL Seller's Attorney: Mortgage Broker: Phone: Fax: Attn: CO -Selling Agent: Recom Real Estate 4155 E. Jewell Avenue, Suite 616 Denver, CO 80222 Phone: 303-452-3300 Fax: 303-773-8800 Contact: Jorge Valdez Email: jorgelvaldez7@gmail.com Changes: Updated Effective Date and Amended Lender and Deleted 2nd Loan Policy and 2nd Loan Policy Premiums and Deleted Requirement No. 9 File No: 22328UTG Amendment No: 3 COMMITMENT FOR TITLE INSURANCE Issued by Stewart Title Guaranty Company SCHEDULE A Effective Date: June 11, 2021, 8:00 am 2 Policy to be issued: (a) 2006 ALTA® Owner's Policy Proposed Insured: Road Trucking, Inc., a Colorado corporation Proposed Policy Amount 51,750,000.00 (b) 2006 ALTA® Loan Policy Proposed Insured: Highline Capital Corp., its successors and/or assigns Proposed Policy Amount 51,325,000.00 (c) Second 2006 ALTA® Loan Policy Proposed Insured: Proposed Policy Amount Reissue Owner 3 year 110.1-OECDe1.Except End (Own) Simultaneous Loan Policy Tax Certificate 1,817.00 65.00 17_5.00 25.00 Total: 3. The estate or interest in the land described or referred to in this Commitment is Fee Simple. 4 The Title is, at the Commitment Date, vested in Highline Capital Corp., a Delaware corporation 5 The land referred to in this Commitment is described as follows: 2,082.00 Lot B of Recorded Exemption No. 1469-25-2-RE373, recorded February 14, 1979 in Book 860 at Reception No. 1781856, being a portion of the N 1/2 NW 1/4, Section 25, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. For Informational Purposes Only: 11402 County Road 6, Fort Lupton, CO 80621 Countersigned Unified Title Company of Northern Colorado, LLC By: Melissa Scherer File No: 22328UTG Amendment No: 3 COMMITMENT FOR TITLE INSURANCE Issued by Stewart Title Guaranty Company SCHEDULE B, PART I Requirements Effective Date: June 11, 2021 at 8:00am All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5. A certified copy of Corporate Resolution of the Board of Directors of Highline Capital Corp., a Delaware corporation, reciting the authority of person authorized to execute instruments, conveying, encumbering or otherwise affecting title to real property on behalf of the entity. 6. A certified copy of Corporate Resolution of the Board of Directors of Road Trucking, Inc., a Colorado corporation, reciting the authority of person authorized to execute instruments, conveying, encumbering or otherwise affecting title to real property on behalf of the entity. 7. Deed sufficient to convey fee simple estate or interest in the land described or referred to herein, to the proposed insured, Schedule A, Item 2A. NOTE: Section 38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the legal address of the purchaser (not necessarily the same as the property address) be included on the face of the deed to be recorded. NOTE: C.R.S.39-14-102 requires that a Real Property Transfer Declaration accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee. 8. Deed of Trust sufficient to encumber the fee simple estate or interest in the land described or referred to herein, for the benefit of the proposed insured. 9: Deed of Trust sufficient to encumber the fee simple estate or interest in the land described �r raforr or, 4n horoin fnr 4ha }�anoGt of tha nrn nneari ;nc..ror, This Item Intentionally Deleted NOTE: The property described herein, appears to be free and clear of any Deeds of Trust or Mortgages. Please verify this information with the owners of subject property and notify Title rf this information is incorrect. REQUIREMENTS NOT TO BE RECORDED: A. Payment of any and all due and unpaid general taxes or special assessments pertaining to subject property, as may be evidenced by a tax certificate. B. Receipt by the company of a Final Affidavit and Agreement indemnifying it against unfiled mechanic's and materialmen's liens. C. Execution of Gap Indemnity by vested owner(s) of subject property. FOR INFORNIATIONAL PURPOSES ONLY: 24 -month Chain of Title: The only conveyance(s) affecting said land recorded within the 24 months preceding the date of this commitment is (are) as follows: Deed recorded November 19, 2020 as Reception No. 4652750. Deed recorded May 25, 2018 as Reception No. 4401789. NOTE: If no conveyances were found in that 24 month period, the last recorded conveyance is reported. If the subject land is a lot in a subdivision plat less than 24 months old, only the conveyances subsequent to the plat are reported. File No: 22328UTG Amendment No: 3 Stewart Title Guaranty Company Stewart Title Guaranty Company SCHEDULE B, PART II Exceptions Effective Date: June 11, 2021 at 8:00am THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Easements or claims of easements not shown in the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the land would disclose, and which are not shown by the public record. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Unpatented mining claims; resen ations or exceptions in patents or in Acts authorizing the issuance thereof. 7. Any water rights or claims or title to water, in or under the land, whether or not shown by the public records. 8. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. Note: Upon verification of payment of all taxes the above exception will be amended to read, "Taxes and assessments for the current year, and subsequent years, a lien not yet due and payable." 9. Rights of VVay for ?Veld County Road 6 and Leona Avenue. 10. Rights of others to that portion of the land lying within the Brighton Ditch together with such adjoining land as may be used or useful in connection with the use or maintenance of that ditch. 11. Nlineral reservations as set forth in the Patent from the United States of America to the Union Pacific Railway Company recorded March 3, 1882 at Reception No. 8091 as follows: Excluding and excepting from the transfer by these presents "All Mineral Lands" should any such be found to exist in the tracts described in the foregoing, but this exclusion and exception, according to the terms of the Statute, "shall not be construed to include coal and iron land". 12. Right(s) of way, including its terms and conditions, whether in fee or easement only, as granted to Weld County, as described in instrument recorded February 9, 1910 at Reception No. 151371. 13. Right(s) of way, including its terms and conditions, whether in fee or easement only, as granted to Panhandle Eastern Pipe Line Company, as described in instrument recorded July 23, 1973 at Reception No. 1617909. 14. Right(s) of way, including its terms and conditions, whether in fee or easement only, as granted to Panhandle Eastern Pipe Line Company, as described in instrument recorded February 2_5, 1975 at Reception No. 1654749. 15. Oil and gas lease between John DiTirro, Jr. and Rodney P. Calvin recorded February 23, 1976 at Reception No. 1681815, and any interests therein or rights thereunder. 16. Notes and easements as shown on map of Recorded Exemption No. 1469-25-2-RE373, recorded February 14, 1979 in Book 860 at Reception No. 1781856. 17. The following Notices concerning underground facilities have been filed with the Weld County Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the Land: (a) Panhandle Eastern Pipe Line Company, recorded June 26, 1986 at Reception No. 2058722. (b) Colorado Interstate Gas Company, recorded December 31, 1987 at Reception No. 2126512. (c) United Power, Inc. formerly Union Rural Electric Association, Inc., recorded January 24, 1991 at Reception No. 2239296. 18. All items as shown on Improvement Survey Plat recorded August 9, 1994 at Reception No. 2401631. 19. Right(s) of way, including its terms and conditions, whether in fee or easement only for the Brighton Ditch, as described in instrument recorded May 20, 2002 at Reception No. 2952973 and in instrument recorded May 21, 2002 at Reception No. 2953310 and in instrument recorded August 5, 2009 at Reception No. 3640889. 20. Request for Notification of Pending Surface Development recorded August 6, 2007 at Reception No. 3495293. 21. Request for Notification of Surface Development recorded October 15, 2007 at Reception No. 3511023. 22. Request for Notification of Surface Development recorded May 17, 2013 at Reception No. 3932991. 23. All interest in all oil, gas and other mineral rights as granted in a deed recorded June 18, 2018 at Reception No. 4407799, and any interests therein or rights thereunder. 24. Any and all unrecorded leases or tenancies and any and all parties claiming by, through, or under such leases or tenancies. NOTE: The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. 4728097 06/22/2021 11:25 AM Total Pages: 1 Rec Fee: $13.00 Doc Fee: $175.00 Carly Koppes - Clerk and Recorder, Weld County , CO RETURN RECORDED DOC[TMRNr To: International Farms LLC, a Colorado limited liability compare+ 11402 County Road 6, Fort Lupton, CO 80621 SPECIAL' WARRANTY DEED THIS SPECIAL WARRANTY DEED, dated 21st day of June, 2021, is made between Highline Capital Corp., a Delaware corporation ("Grantor"), of the County of Weld and the State of Colorado. AND Document Fee: $175.00 International Farms LLC, a Colorado limited liability company ("Grantee"), of the County of Weld and the State of Colorado., whose legal address is 11402 County Road 6, Fort Lupton, CO 80621. WITNESS, that the Grantor(s), for and in consideration of ONE MILLION SEVEN HUNDRED FIFTY THOUSAND AND 00/100 DOLLARS ($1,750,000.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, and convey unto the Grantee, and the hairs, successors and assigns of the Grantee forever, all the real properly, together with Balms and improvements located thereon, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: Lot B of Recorded Exemption No.1469-25-2-RE373, recorded February 14, 1979 in Book 860 at Reception No. 1781856, being a portion of the N 1/2 NW 1/4, Section 25, Township 1 North, Range 67 West of the 6th 1P.I I., County of Weld, State of Colorado. ALSO KNOWN AS: 11402 County Road 6, Fort Lupton, CO 80621 TOGLR WITH, all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof and all the estate, right, title, interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above -bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, and the heirs, successors and assigns of the Grantee forever. The Grantor, for the Grantor and the heirs, successors and assigns of the Grantor, warrants titer the same. agninsta pgrsensslairoingb tiyro gkor_ under the Grantor, subject tothe &airflowErreptfons EXECUTED AND DELIVERED by Grantor on the date first set forth above. High ',� Ca ; Corp., ; D = ware corporation by: Jo In, Chariman Stale of : Colorado County of BCXtideAl The foregoing instrument was subscribed, sworn to, and aclrnowiedged before me this June 21, 2021, by Jobn J. Mehakhin, Chairman of ]ighiine Capital Corp., a Delaware corporation Witnessv hand and official seal. My Commission expires: **If tenancy Ls unspecified, the legal presumption shell be tenrats in common (C.R.S. 38-31-101) LISA R MONTOYA NOTARY PUBLIC STATE OF COLORADO NOTARY kC 20184045248 MY COMMISSION EXPIRES 11.27-2022 Special Warranty Deed 22328ikTG Hello