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
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