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Home My WebLink About20211630.tiffForm No. 6 (6-6-92) Order Number:NCS-987139-CO CLTA Chain of Title Guarantee Page Number:1 .1 k7 F: Y 1 C. First American Title Insurance Company National Commercial Services 1125 17th Street, Suite 500 Denver, CO 80202 March 12, 2021 Kyle Sundman Namaste Solar 888 Federal Blvd Denver, CO 80204-3242 Customer Reference: Vacant Land / APN 80334000024 Title Officer: Phone: Policy Number: Escrow Number: Owner: Jordan Dunn (303)876-1152 NCS-987139-CO NCS-987139-CO Charles D. Bird and Debra R. Bird Property: Vacant Land / APN 80334000024, , CO Attached please find the following item(s): Guarantee Thank You for your confidence and support. We at First American Title Company maintain the fundamental principle: Customer First! ?2,dady,, Z7ziiin.- 3/12/2021 First American Title Insurance Company Form No. 6 (6-6-92) Order Number:NCS-987139-CO CLTA Chain of Title Guarantee Page Number:2 GUARANTEE LIABILITY: $1,000.00 FEE: $140.00 ORDER NO.: NCS-987139-CO YOUR REF: Vacant Land / APN 80334000024 First American Title Insurance Company a Nebraska corporation, herein called the Company GUARANTEES Namaste Solar herein called the Assured, against actual loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the company for further information as to the availability and cost. Dated: March 8, 2021 at 7:30 A.M. First American Title Insurance Company Form No. 6 (6-6-92) Order Number:NCS-987139-CO CLTA Chain of Title Guarantee Page Number:3 SCHEDULE A CHAIN OF TITLE GUARANTEE The assurances referred to on the face page hereof are: That, according to those public records which, under the recording laws, impart constructive notice of matters relating to the interest, if any, which was (acquired) (reserved) by: Charles D. Bird and Debra R. Bird pursuant to a Warranty Deed dated July 1, 1987, recorded July 7, 1987 at Reception No. 02106206 in and to the real property in the City of n/a, County of Weld, State of Colorado , described as follows: The E 1/2 of the W 1/2 of the SE 1/4 of Section 34, Township 6 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. APN: 080334000024 only the following conveyance deeds appear in such records subsequent to December 28, 1950. Deed from Reuben C. Swanson and Gladys S. Swanson to George Kagohara, Will Kagohara, Tom Kagohara, Mayre Kagohara, and Toyoji Kagohara dated December 28, 1950, recorded December 29, 1950 at Reception No. 1097534. Deed from George Kagohara, Will Kagohara, Tom Kagohara, and Mayre Kagohara, as joint tenants, to Duane D. Zabka and Dorothy Zabka, as tenants in common, dated January 16, 1980, recorded January 16, 1980 at Reception No. 1814514. Deed from Duane D. Zabka and Dorothy Zabka to Charles D. Bird and Debra R. Bird dated July 1, 1987, recorded July 7, 1987 at Reception No. 02106206. This Guarantee does not cover: 1. Taxes, assessments and matters related thereto. 2. Instruments, proceedings or other matters which do not specifically describe the land. The map attached, if any, may or may not be a survey of the land depicted hereon. First American Title Insurance Company expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. First American Title Insurance Company Form No. 6 (6-6-92) Order Number:NCS-987139-CO CLTA Chain of Title Guarantee Page Number:4 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurance which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A) (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A) (C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records" : records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the manner or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other ad which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss Damage. First American Title Insurance Company Form No. 6 (6-6-92) Order Number:NCS-987139-CO CLTA Chain of Title Guarantee Page Number:5 In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the fads giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss damage. All information designated as confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information of grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, a the time the loss or damage Assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance Assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to First American Title Insurance Company Form No. 6 (6-6-92) Order Number:NC5-987139-CO CLTA Chain of Title Guarantee Page Number:6 sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, and Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 1125 17th Street, Suite 500, Denver, CO 80202 . First American Title Insurance Company First American Title' Privacy Notice Effective: October 1, 2019 Notice Last Updated: January 1, 2021 This Privacy Notice describes how First American Financial Corporation and its subsidiaries and affiliates (together referred to as "First American," "we," "us," or "our") collect, use, store, and share your information. This Privacy Notice applies to information we receive from you offline only, as well as from third parties, when you interact with us and/or use and access our services and products ("Products"). For more information about our privacy practices, including our online practices, please visit https://www.firstam.com/privacy-policy/. The practices described in this Privacy Notice are subject to applicable laws in the places in which we operate. What Type Of Information Do We Collect About You? We collect a variety of categories of information about you. To learn more about the categories of information we collect, please visit https://www.firstam.com/privacy-policy/. How Do We Collect Your Information? We collect your information: (1) directly from you; (2) automatically when you interact with us; and (3) from third parties, including business parties and affiliates. How Do We Use Your Information? We may use your information in a variety of ways, including but not limited to providing the services you have requested, fulfilling your transactions, comply with relevant laws and our policies, and handling a claim. To learn more about how we may use your information, please visit https://www.firstam.com/privacy- ali . How Do We Share Your Information? We do not sell your personal information. We only share your information, including to subsidiaries, affiliates, and to unaffiliated third parties: (1) with your consent; (2) in a business transfer; (3) to service providers; and (4) for legal process and protection. To learn more about how we share your information, please visit https://www.firstam.com/privacy-policy/. How Do We Store and Protect Your Information? The security of your information is important to us. That is why we take commercially reasonable steps to make sure your information is protected. We use our best efforts to maintain commercially reasonable technical, organizational, and physical safeguards, consistent with applicable law, to protect your information. How Long Do We Keep Your Information? We keep your information for as long as necessary in accordance with the purpose for which it was collected, our business needs, and our legal and regulatory obligations. Your Choices We provide you the ability to exercise certain controls and choices regarding our collection, use, storage, and sharing of your information. You can learn more about your choices by visiting https://www.firstam.com/privacy- oli . International Jurisdictions: Our Products are offered in the United States of America (US), and are subject to US federal, state, and local law. If you are accessing the Products from another country, please be advised that you may be transferring your information to us in the US, and you consent to that transfer and use of your information in accordance with this Privacy Notice. You also agree to abide by the applicable laws of applicable US federal, state, and local laws concerning your use of the Products, and your agreements with us. We may change this Privacy Notice from time to time. Any and all changes to this Privacy Notice will be reflected on this page, and where appropriate provided in person or by another electronic method. YOUR CONTINUED USE, ACCESS, OR INTERACTION WITH OUR PRODUCTS OR YOUR CONTINUED COMMUNICATIONS WITH US AFTER THIS NOTICE HAS BEEN PROVIDED TO YOU WILL REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS PRIVACY NOTICE. Contact Us dataprivacy@firstam.com or toll free at 1-866-718-0097. © 2020 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE:FAF Form 10-PRIVACY20 (12-18-20) Page 1 of 2 Privacy Notice (2020 First American Financial Corporation) English FirstAmerican TitleTM For California Residents If you are a California resident, you may have certain rights under California law, including but not limited to the California Consumer Privacy Act of 2018 ("CCPA"). All phrases used in this section shall have the same meaning as those phrases are used under California law, including the CCPA. Right to Know. You have a right to request that we disclose the following information to you: (1) the categories of personal information we have collected about or from you; (2) the categories of sources from which the personal information was collected; (3) the business or commercial purpose for such collection and/or disclosure; (4) the categories of third parties with whom we have shared your personal information; and (5) the specific pieces of your personal information we have collected. To submit a verified request for this information, go to our online privacy policy at www.firstam.com/privacy-policy to submit your request or call toll -free at 1-866-718-0097. You may also designate an authorized agent to submit a request on your behalf by going to our online privacy policy at www.firstam.com/privacy-policy to submit your request or by calling toll -free at 1-866-718-0097. Right of Deletion. You also have a right to request that we delete the personal information we have collected from and about you. This right is subject to certain exceptions available under the CCPA and other applicable law. To submit a verified request for deletion, go to our online privacy policy at www.firstam.com/privacy-policy to submit your request or call toll -free at 1-866-718-0097. You may also designate an authorized agent to submit a request on your behalf by going to our online privacy policy at www.firstam.com/privacy-policy to submit your request or by calling toll -free at 1-866-718- 0097. Verification Process. For either a request to know or delete, we will verify your identity before responding to your request. To verify your identity, we will generally match the identifying information provided in your request with the information we have on file about you. Depending on the sensitivity of the information requested, we may also utilize more stringent verification methods to verify your identity, including but not limited to requesting additional information from you and/or requiring you to sign a declaration under penalty of perjury. Notice of Sale. We do not sell California resident information, nor have we sold California resident information in the past 12 months. We have no actual knowledge of selling the information of minors under the age of 16. Right of Non -Discrimination. You have a right to exercise your rights under California law, including under the CCPA, without suffering discrimination. Accordingly, First American will not discriminate against you in any way if you choose to exercise your rights under the CCPA. Notice of Collection. To learn more about the categories of personal information we have collected about California residents over the last 12 months, please see "What Information Do We Collect About You" in https://www.firstam.com/privacy-policy. To learn about the sources from which we have collected that information, the business and commercial purpose for its collection, and the categories of third parties with whom we have shared that information, please see "How Do We Collect Your Information", "How Do We Use Your Information", and "How Do We Share Your Information" in https://www.firstam.com/privacy-policy. Notice of Sale. We have not sold the personal information of California residents in the past 12 months. Notice of Disclosure. To learn more about the categories of personal information we may have disclosed about California residents in the past 12 months, please see "How Do We Use Your Information" and "How Do We Share Your Information" in https://www.firstam.com/privacy-policy. © 2020 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE:FAF Form 10-PRIVACY20 (12-18-20) Page 2 of 2 Privacy Notice (2020 First American Financial Corporation) English DEC 291950 r BoOd290 PAU 3i3 t Recorders . . at ..: �. o'clock . M. kik J r rzv-rr Reception N rob-, Made this ANN w Air3: - , Recorder. 28th day of December -in the year of our Lord one thousand nine hundred and------fifty-----between REUBEN C. SWANSON and GLADYS S: SWANSON- of the County of Weld and State of Colorado, of the first part, and- GEORGE KAGOHARA ✓ WILL KAGOHARA, TOM KAGOHARA', MAYRE KAGOHARAeand TOYOJI KAGOHARA of the County of Weld and State of Colorado, of the second part: WITNESSETH: That the said ----parties---.01 the first part, for and in consideration of the sum of Other good and valuable consideration and Ten DOLLARS, to the said parties of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, to pass not in tenancy in common but in joint tenancy, the survivor of them, their assigns and the heirs and assigns of such survivor forever, all the fol- lowing described lot or parcel of land, situate, lying and being in the — County of Weld and State of Colorado, to -wit: The East Half (Ei) of the West Half (W ) of the Southeast Quarter (SEt) of Section Thirty—four (34) in Township Six (6) North, of Range Sixty—five (65) , West of the 6th P.M., together with 2b shares of The New Cache la Poudre Irri— gating Company, 3 shares of The Sand Creek Lateral Irri- gation Company, and 3/8ths interest in all water rights, appropriations, filings and ditches of The Far West Ditch Company; also all lateral rights and ditch rights and rights —of —way for carriage of water for irrigation of said. land. TOGETHER with all and singular the hereditaiucnts and appurtenances thereunto belonging, or in any wise 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 said parties of the first part, 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 appurtenances, unto the said parties of the second part, the survivor of them, their assigns ❑d.the heirs and assigns of such survivor for- ever. And the said parties of the first part, for tkBrnselveS , /tifaPs xexecutors, and administrators, do covenant, grant, bargain and agree to and with the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, that at the time of the ensealing and delivering of these presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have good right, full power and lawful authority to grant, bargain, sell and convey, the same in manner and form aforesaid, and that the same are free and clear front all former and other grants, bargains, sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever: Subject to 1950 taxes, payable in 1951, which have been adjusted by deduction thereof from the total consideration above recited, and which second parties assume and agree to pay. and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said parties of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF. the said parties of the first part have hereunto set their hands and seals the day and year first above written. Signed, Scaled and Delivered in the Presence of STATE OF ,COLORADO,, C�unkY.df/Weld. J}ss. frz • r ...- ____(SEAL) (SEAL) The foregoing instrument was acknowledged before me this....... 28th.. _..day of Dacemb.er , 19.50, by......$13ube.n....Oi..... _Sy.ans.an...arid... .-..... _... -.-.---Gladys S, Swanson, ...... -_..... Witness My Hand and Official Seal My Commission Expires ...__-----••- _SL/L.C/._-- �}' ..f t` .. __.. .._y ) /.' Itiotary Public. WARRANTY DEED —To Joint Tenants —McVey Printery, Greeley, Colorado. 893 Recorded at. Reception No o'clock 1814514 I - I As.1...6...198Q R c ''Weld 'Couniy, Colorado' CD Ca THIS DEED, Made this between 16th day of January • i9 80 George Kagohara, Will Kagohara, Tom Kagohara, and Mayre Kagohara as joint tenants of the County of Weld and State of Colorado, of the first part, and Duane D. Zabka and Dorothy Zabka, as tenants in common of the County of Weld and State of State Documentary Fee Date JAN 1 6 1980 s 19, 00 Colorado, of the second part: Whose addresss is : P.O. Box 446 Greeley, Colorado 80632 WITNESSETH, That the said part of the first part, for and in consideration of the sum of Other Good and Valuable Considerations and Ten DOLLARS to the said part ies of the first part in hand paid by said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the said parties of the second part,theiteirs and assigns for- ever, all the following described lot or parcel of land, situate, lying and being in the County of Weld and State of Colorado, to wit: The East one-half of the West one-half of the Southeast Quarter (E101SE14) of Section Thirty -Four (34), in Township Six (6) North, Range Sixty -Five (65) West of the 6th P.M., County of Weld, State of Colorado together with all present improvements, 21 shares of New Cache LaPoudre Irrigation Company, and 3 shares of New Sand Creek Lateral. Together with all mineral rights owned by sellers, also known as street and number 21649 Weld County Road #62 TOGETHER with all and singular the hereditaments and appurtenances thereto 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 said parties of the first part, 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 said parties of the second part, their heirs and assigns forever. And the said part ies of the first part, for them sel vesthdrheirs, executors, and administrators, do covenant, grant, bargain, and agree to and with the said parties of the second part, theitheirs and assigns, that at the time of the ensealing and delivery of these presents, are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever. and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said parties of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said parties Hof the first have he -un . set their hands and seals the day and year first above written. _ r L t'f,S'TATE OF COLORADO, `` % County of Weldss. , .F` 11 ��,= }f�aQe ojtlg .i;fetf?ument was acknowledged before me this 16th 1980-0rtyy-Georg* ragohara, Will Kagohara, Tom Kagohara, . i r &iot1.`e gires ,3 - /5f"e i ,19 t (SEAL) (SEAL) .,(SEAL) day of January and Mayre Kagohara as joir . Witness my hand and official seal. r - 'Notary Public. t enant: No. 932, WARRANTY DIED. —For Phetuaraable D+eai.--Bradfo d Pablirbies Co.. 112141 Stout Streak Drawer. Colorado --10-76 AR2106206 B 1162 REC 02106206 07/07/87 15:54 ti3.00 1/001 - 1424 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO WARRANTY C)EEI) THIS DEED. Made this 1st day of July between DUANE D_ ZABKA AND D0Id11IIY ZABKA of die -County id Colorado. viamo,rt, 1. oral Q3P_RLL•S D. BIRD AND DEBRA R. BIRD . 19 87 . Weld and State of whose legal address is 1912 44th Avenue, Greeley, CO 80634 RECORDER'S STAMP State Documentary Fee Dote 94.1,J_987 8120. .... -...... - of the County of Weld and State or Colorado_ grantees: WITNESS. that the erantortst. for and in eunsideration of the stun of other valuable consideration and DOLLARS - the receipt and sufficiency of which is hereby acknowledged, ha Ve granted. bargained. sold and conveyed. and by these presents do grant. bargain. sell. convey and confirm unto the grantees. their heirs and assigns forever. not in tenancy in common but in;rt>im tenancy- all the read property together with improvements. if any. situate. lying and being in the Counts of Weld and Slate of Colorado, described as IifolionysJ. The E?j of the Wl of the SE's of Section 34, Township 6 North, Range 65 hest of the 6th P_J-I. , together with 2 1/2 shares of the capital stock of the Nea Cache la Poudre Irrigating Company and 3 shares of the capital stock of the Sand Creek Lateral Company, and irrigation well and pumping plant; reserving, however, unto the grantors as joint tenants, all oil, gas and other minerals in and under and that may be produced from the above descrited land. also kiloton by street and number a, 21649 Weld County Road 62, Greeley, CO 80631 -Jf)Cil:l-Hf R with all and sinartar tltc hereditament, and uppurtenanees thereunto belonrinc. or in anywise appertaining. the reversion and reversions. remainder and remainders. rents. issues and profits thereof. and all the estate. right- title. interest. claim and demand tohatsncier of the orantnost. either in fay or equity. of. in and to the above bargained premises- with the hereditaments and appurtenances. TO J I IMF. ANt) TO lit 11.1 r the said premises alive bargained and described. with the appurtenances, unto the grantees. their heirs and as _ s Inrescr Ann! Flit: _'canon. r. for themselves their heirs and personal rcpresranati ce, So covenant. ar:mt. harr.ain arid agree n. and with the grantees. their heirs and assigns, that at the time of the ccsefing and delivery' of these ptesrnis they are well se•vt•J of the premises al>.uc conveyed. ha Ve guntl. sure. perfect. ethsmlute and indefeasible estate of inheritance. In Leto. iii tee Si mple_:nd Ira Ve good rich[_ hill pow crawl lint lid authority n, grant. b rgain. sell and convey the same in roan ncr and form aluresaid- and That the s:mre arc Face and clear from all [turner and other grants. bargains. sales. ₹iens, [axes. s� term. cncrrrnlrancs and restrictions nt whatever kind or nature so `WE e.tce r. Subject to deed of trust to Pc Ire Trustee of Weld County for George Kagohara, i7 ill Kagohara, Tom Kaychara, and Ala e Ka ohar f recd ; 1988 is le 1989 exoenti ens, ci conaditi.ons o' record ana i ts of way and easeirentes elzs eci on h row i s)s all and trill WARRANT AND FOREVER DEFEND the abuse -bargained premises in the quiet and peaceable possession of the grantees. their heirs and assi gnus- -against all and every person or persons lawfully claiming the whole or any part thereof IN WITNESS WHEREOF the grantor( baje etccuted this deed on the date set forth above_ i�Lcz"rt'� 3 .._z KA KA� SFA I F OF COLORADO County of WELD The foregoing instrument was acknowledged before me this 7t}1 day of July by DUANE D. ZABKA AND DOROTHY ZABKA. My commission expires t7Ctcber 1. . 1989 - Witness me hand :and official seal - .1987 NNW • No. 921. Re'. 5-8fi. wslot sin mt-_ED u,. Lent ien:tnr.. I S...dsrcJ 11.➢h.ln„..;._" n Mil A.. r�l.n.asl-cu.n_t=--j°"°•=??_n.�•, n-sn Hello