HomeMy WebLinkAbout20200053.tiffOrder No.: 110573454-820-GRO
Liability: $155.00
1. Name of Assured:
Occidental Petroleum Corporation
2. Effective Date of Guarotntce:
August 14, 2019 at 6:00 PM
The assurances referred to on the face page are:
Order No.: H0573454-820-GRO Guarantee No.: CO-F1.AI1-IMP-81COG6-1-19-H0573454
SCHEDULE A
CHAIN OF TITLE GUARANTEE
Guarantee No.: CO-FFAII-IMP-81COG6-1-19-H0573454
Fee: $155.00
That, according lo those public records which, under the recording laws, impart constructive notice of inatte.s relating to the
interest, ifally, which was acquired by
Cervi Enterprises, Inc., a Colorado corporation
pursuant to a Warn mty I}eed, Assignment of Teases, Bill of Sale and Assignment recorded June 27, 2005 at Reception
Number 3297977 in and to the land described as follows:
See Exhibit A attached hereto and made a part hereof.
Only the following deeds appear in such records subsequent to November 30, 1970:
Reception No. 1558158 Book 636
Reception No. 1686332 Book 764
Reception No. 1778802 Book 857
Reception No. 1785132 Book 863
Reception No. 3290313
Reception No. 3297977
This Guarantee does not cover:
1. Taxes, assessments, and matters related thereto_
Instruments, proceedings, or other matters which LID not ecil Belly describe said land_
81COG6 Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6/6/92)
Order No.: 110573454-820-GRO Guarantee No.: CO-FFAH-IMP-81COG6-1-19-110573454
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO IN THIS GUARANTEE IS DESCRIBED AS FOLLOWS:
Section 15, Township 3 North, Range 63 West of the 6th F.M., County of Weld, State of Colorado
81COG6
Chain of Title G uriontee
CLTA Guarantee Form No. 6 (Revised 6/6/92)
o BOCK
O. 636
CO
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WARRANTY DEED
Nov 3 0 3970
Mn Sadeer. bora+
State Documentary Fee
Date ..11.aV__3..V.197Q.
$
KNOW ALL MEN BY THESE PRESENTS
THAT FRANK C. MANN, also known as FRANK MANN, of the
County of Weld, State of Colorado, for the consideration of
Ten Dollars and other good and valuable consideration in hand
paid, hereby sells, and conveys to PREMIER CORPORATION, a
Delaware Corporation, the real property situate in Weld County,
Colorado, described in Exhibit A consisting of 4 pages attached
hereto and incorporated herein together with all improvements
thereon and together with all water and water rights appurtenant
thereto and WARRANTS TITLE THERETO except for the matters set
forth in Exhibit B attached hereto and incorporated herein. It
is agreed, however, that no warranty is made regarding water or
water rights.
Signed and delivered this 75th day of November, 1970.
F C. , a a
N
STATE OF COLORADO
SS.
CITY AND COUNTY OF DENVER
The foregoing document was acknowledged before me this
25th day of November, 1970, by Frank C. Mann, a/k/a Frank Mann.
WITNESS my hand and official seal.
My commission expires:Til
BOOK, 636
1558158
6
EXHIBIT A
LEGAL DESCRIPTION:
IN TOW raT1P 3 NORT1 RANGE 61 WEST OF TIE 6th P.M.:
SECTION 2: S1.41 -
SECTION 3: ALL
SECTION 4: ALL
SECTION 9: ALL
SECTION 10: S1J4; tita4
SECTION 11:- ALL, EXCEPT that portion thereof described in Book 1505
at page 525
SECTION 14; That pert of the Ni described as follows: Beginning at
the Northeast corner of said Section 14;
thence West, along the North line of said Section, 5280
feet, more or less, to the Northwest corner thereof;
thence South, along the West line of said Section, 2422
feet, to thecenterline of U. S. Highway No. 6;
thence North 65°39' East, along said highway centerline,
5138 feet;
thence, along said highway centerline, on a 2° curve to
the right, 556 feet to the'East line of said Section;
thence North, along the East line of said Section, 147
feet to the point of beginning,
EXCEPT those portions thereof described in Book 987 at
page 258, and Book 1505 at pages 513, 517 and 525.
SECTION 17: 1 l
SECTION 18: $r-; Si
SECTION 19: That part of Section 19 lying West of the 100 foot wide
right of way of Old State Highway No: 52 the centerline
of which is described as follows:
Beginning at the intersection of the South line of said
Section with the centerline of said highway which point
is 2465 feet East of the Southwest corner of said Section;
thence North 32°ll' East, 2829.7 feet;
thence on a 2° curve to the right, 529.1 feet;
thence North 42°46' East, 1083.2 feet to a point on the
East line of said Section which is 1550 feet South of the
Northeast corner thereof.
SECTION 30: All that portion lying South of U. S. Highway No. 52;
That part lying North of the 100 foot wide rights of way ,
of U. S. Highway No. 6 and Old State Highway No. 52, the
Centerline of which is described as follows:
Beginning 'on the West line of said Section, 1660 feet South
of the Northwest corner thereof which point is the intersection
of said line with the centerline of U. S. Highway No. 6;
thence North 65°39' East, 2044 feet;
thence North 42°24' East, 314.3 feet;
thence on a 3° curve to the left, 340.5 feet;
thence North 32°11' East, 497 feet to a point on the North
line of said Section which is 2465 feet East of the Northwest
corner thereof,
EXCEPT those portions described in Book 1499 at page 120 and
Book 1505 at pages 513, 517 and 525.
IN TOWNSHIP 2 PIonir, R±ti as 62 WEST OP THE bth P.M.:
SECTION
SECTION 4:
SECTION 5:
NO; E':Nbx 4; SWjN14,
EXCEPT that portion described in Book 1495 at page 551.
SEui E; ; those parts of the NW and the 41.1;401- lying North of
Chicago, Burlington & Quincy Railroad right of way,
EXCEPT those lands conveyed by instrument recorded in Book
1523 at page 1104.
eooic 636
1558158
"-3
Legal Description (Continued)
SECTION 6:
i
EXCEPT the following:
a partoftYeeNW
1/4 consisting of
approximately 4
acres and more
particularly
described at
Book 601 Rec. No.
1522727, Weld -
County records.
(e)
(d)
a those lands platted as the Town of Roggen;
b those lands platted as the First Addition to the
Tosco of Re en;
those lands platted as Beggs Addition to the Town
of Roggen;
those lands conveyed by deeds recorded in Book 373
at page 179, Book 509 at pe a 87, Book 688Aet page
270, Book 711 at page 215, Boak 932 at pave 422, Book
1192 at page 446, Book 1294 at page 150 and Boat: 1523
at page 1104; and
Beginning at the point of intersection of the West line
of said NU* with the Northerly right of way line of
Parcel 6 described in deed recorded in Boak 1523
404;
thence South 67°44' East, along said righ .' way line
864.8 feet;
thence on a curve to the left havi a radius of 1095.92
feet and a central angle of 23 and a long chord
xhich bears South 79°3S' ,Ea50.1 feet, an arc distance
of 453.32 feet;
thence North 88°34' E:• , 1212.5 feet;
thence North 23°266'..' East, 775.54 feet;
thence North °.:730" East, 242.84 feet;
thence Sout °39' West, 353.2 feet;
thence 89°l2' West, 199.3 feet;
thenc- auth 86°31'46" West, 2272.15 feet, more or less,
point on the West line of said mil -
4,
ence South, along said West line, to the point of
page
IN TOWNSl1ZP 3 NORTH, RANGE 62 'WEST OF THE 6th P.M.:
SECTION 5: W2; NE4
SECTION 7: ALL
SECTION 10: ALL
SECTION 11: F •Nbf4 ; S E'FR1E 4
SECTION 13: S-ll; S
SECTION 14. S
SECTION 15: WOW
SECTION 19; NWk; 14S-
SECTION 20: EIS9 ; SzSE ; NE4SEk
SECTION 21: B1 NE ; NE4r11' 4
SECTION 22: NF ; 114-Q1.11•,I
SECTION 23: N .1 $E
SECTION 24: ALL
SECTION 25: All lying North of U. S. Highway No. 52,
EXCEPT that part lying within the right of way for U. S.
Highway no. 6, and EXCEPT those portions thereof described
in Book 989 at page 191, Book 1499 at page 120, and Book 1503
at pages 513, 517, and 525.
SECTION 26: lk
SECTION 28: EF-Si-e; W SE
SECTION 29: N ; ia1SW S:F SW -y;
pool( 636
Legal Description (Continued)
1,J, EXCEPT the NC,!-Ni :-; 1‘1.S; S 3W1; S 1SE�
L�rNt4; Lot 1; E 221Fu
Wf W', ;
�i;'•irr; sly; E'.snJ4,
EXCEii those portions thereof described in Book 111-95 at
page 551 and Boot; 11199 at page 120.
SECTION 30:
SECTION 31:
SECTION 32:
SECTION 33:
IN TOWNSHIP 4 'Nonni :. RANGE 62 WEST OF THE 6th P.M.;
SECTIO;: 31:
SECTION 32:
1558158
6-H
ALL
That part- of the Si lying South of a line dram from the
Southeast corner of said Section to the West one -quarter
corner thereof.
IN TOWNSHIP 2 NORTH, RANGE 63 WEST (1E" 6th P.M.:
SECTION 1: N2,
*The description of
this exception shall
be amended to exclude
from the exception
and include in the
property to be
conveyed from the
seller to the
Purchaser the west-
erly 30 acres of
the approximately
40.92 acres described
here. 1.n -addition,
Seller agrees that
the property excepted
from this Section 1
(except property
subject to lease to
Stuckey's) shall not
be used for a junk
or salvage operation,
feed lot, industrial
or manufacturing
plant, amusement
park or petroleum
processing or stor-
age (but a filling
station is a permit-
ted use). Seller
agrees to execute
such instruments as
may be necessary to
subject the property
to this restriction.
SECTION 2:
Section 1:
EXCEPT those portions thereof described in Book 1537 at
page 155, iook 1548 at page 258 and Book 1523 at page 404
and E?CCE1'r hat portion thereof described as follows.
Beginning at the point of intersection of the East line
of the NE- of said Section with the Northerly right of way
line of Parcel No. 6 described in deed recorded in Book -
1523 at page 404;
thence North 67°44' West, along said Northerly right of way
line, 172.3 feet; -
thence on a curve to the left having a radius of 250 feet
and a central angle of 36°131 and a long chord which bears
North 85°50'30" West 155.4 feet, an arc distance of 158
feet;
thence South 76°03r West, 171.8 feet;
thence on a curve to the left having a radius of 250 feet
and a central angle of 51°13' and a long chord which bears
South 50°26'30" West 216.11 feet, an arc distance of 223.48
feet;
thence South 24°50' West, 443.6 feet;
thence on a curve to the right having a radius of 904.3 feet a
central, angle of 42°44 and a long chord which bears South 46°?_'
West 658.94 feet, an arc distance of 674.46 feet;
thence South 67°34' West, 239.6 feet;
thence on a curve to the right having a radius of 5530 feet ani
a central angle of 11°14'50" and a long chord which bears Bout
73°11'25" West 1083.8 feet, an arc distance of 1085.55 feet;
thence North O°21' West, 871.55 feet;'
thence North 69°05'26" East, 21+14.3 feet;
thecae North 78°03' East, 24 feet;
thence on a curve to the right having a radius of 250 feet and
a central angle of 36°13' and a long chord which bears South
85°50'30" East, 155.4 feet, an arc distance of 158.03 feet;
thence South 67°t44' East, 11-8 feet;
thence North 86°31'1+6" East, 4o feet, more or less, to a point
on the East linc of said NE—;
thence South 0°06' East, along said East line, to the point of
beginning.
EXCEPT those portions thereof described in Book 1523 at page
404.
Together with a non-exclusive easement for right of way,
including the right to improve the easement, over the
following described property: Commencing at the point
of intersection of the East line of the NE 1/4 of
Section 1 with the northerly right of way line of Parcel
No. 6 described in deed recorded in Book 1523 at Page 404;
thence North 67O44' West, along said Northerly right
of way line, 172.3 feet; thence on a curve to the Left
having a radius of 250 feet and a central angle of 36°l3'
and a long chord which bears north 85°50'30" West i1555.4
feet, an arc distance of 158 feet; thence South 76 03'
West, 15.20 feet to the place of beginning of this ease-
ment; thence North 2'03' East 294.46 feet; thence South
69°05'26" West, 50 feet; thence South 2°03' West, to a
point which is South 76003' West 50 feet from the place
of beginning; thence North 76°03' East to the place of
beginning.
i°OlS 630 Lnn:c''r or( 3
15581583
All, of saidf':cl•ic)rt 1/J11 North of u line p:tr.tl"lc-l'Jtlt �°'5
and 50 feet UI:;tnnt IrorLhcrly front the cantr,rlinc of the
main track of the Chicago, 1urlingtort fc Quincy itrt11ro:u]
Cc r; :tny'r; J•ttti)•o:td,
JXCJ•,J'1' tltocc portions thereof deceribctl In Lnok 1.523 at
pao Jlotl .
SECTION Ii: 17tctt I,:frt of the E'4 lyhi; 1orLh of the right of ut,y of
the ChJ c,,L;o, I1ti J.inCton & Quincy Rrtilro.td Co;Ipany,
EXCI.[T t'soc.e portions thereof described in Looks 1533 at
page 1h6.
IN TO:ri MOW 3 T;oluisr, ) AN( .: 63 lfl': iT O:' TEE 6th P.M.:
SECTION 1: ALL
SEC1'ICET 3: ALL
SECTION ll: ALL
SECTION 9: ALL
SECTION 10: ALL
SECTION 11: ALL
'SECTION 12: NV,-;
SECTION 13: ALL
SECTION 15: ALL
SECTION 21: ALL
SECTION 22: ELSW4'; I'i SEu
SECTION 23: ALL .
S1CTIC:l 24;
z .,F r.�.,rl•1�.;-k•`F,;, ErSI ,��7E;,-; SSf,-5I�, � �-,,
kli.i i L��;;S1: •; ?{ , r' �:1,,, 1rE .�4S> 4•; rJzl•r�urT�;�-sl 1; sls` 5.2*;
SECTION 25: ALL
SECTION 26: 13; SE4
SECTION 27: ALL
SECTION 33: EL'
SECTION 34: ALL
SECTION 35: ALL
XN TOWNSHIP 4 NORTH, RkNGE 63 VEST OF THE 6th P.M.:
SECTION 13: That part of said Section described as follows;
Beginning at the Southeast corner of said Section;
• thence North, along the East line of said Section, 3771.7
.:feet to a point on the South line of what is known as The
Lincoln Highway";
thence along said highway right of tray line, as follows:
North 85°50' Ifc:;t, 197 feet; South 64°51' West, 506 feet;
and North Slast, 324 feet; thence
South p7ra1lel with the East line of said Section,
3593.8 feet to a point on the South line thereof;
thence South 890 East, along said South line, 976 feet
to the point of beginning.
SECTION 21: ALL
SECTION 22; ALL
SECTION 23: ALL
SECTION 24: ALL
SECTION 25: ALL
SECTION 25: ALL
SECTION 27: ALL
SECTJ:ON 23: ALL
SECTION 33: ALL
SECTION 3h: ALL
SECTION 35: ALL
County of W)0,
State of Col.ox uio
Together with 6 - 13 Tower Valley Sprinklers and 2 - 15 Tower
Valley Sprinklers together with all pumps and other equipment
in connection with said Valley Sprinklers.
aoco 63 6
1558158 c,
EXHIBIT B
TO
WARRANTY DEED
FRANK C. MANN
TO
PREMIER CORPORATION
The following matters are excepted from the warranty in the
deed from Frank C. Mann to Premier Corporation:
a. general property taxes for 1970 payable in 1971 and for
subsequent years;
b. any and all district assessments for 1970 payable in
1971 and for subsequent years;
c. all roads, highways, ditches, pipelines, utilities
and easements and rights of way therefor;
d. any and all patent and mineral reservations of record;
e. all rights, existing or of record, to the use, appro-
priation, storage and transportation of water from,
over and above the property;
f. all right, title and interest of any persons, other than
Frank C. Mann in and to minerals, oil, gas, casinghead
gas and associated hydrocarbons, or coal granted, leased
or reserved by instruments of record;
g•
zoning and planning resolutions or regulations; and
h. except the following deeds of trust which Frank C. Mann
agrees will be released from proceeds paid to him by
Premier Corporation this date and on January 15, 1971:
1. Book 546, Document No. 1467660
2. Book 591, Reception No. 1513391
3. Book 538, Document No. 1460036
4. Book 591, Reception No. 1513392
5. Book 538, Document No. 1460037
6. Book 583, Document No. 1504754
7. Book 499, Document No. 1423720
8. Book 499, Document No. 1423721
9. Book 565, Document No. 1486808
10. Book 627, Reception No. 1548726
i. Six Sign Space Leases between Frank C. Mann, as Lessor,
and Stuckeys, Inc., as Lessee, all dated June 28, 1968.
C
CD 164
cp
rl
p J
M ..$P.f�.1� rs,
Recorded at .. ppr ++yy qq o'clock ..y�,_. 197b �
Rec, No. .1.16:86.33g. 5, Lee Shehee, Jr., Recorder
WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS:
THAT PREMIER CORPORATION, a Delaware corporation
of 5600 East Grand River Avenue, Fowlerville, Michigan 48836,
for the consideration of Ten Dollars and other good and valu-
able consideration in hand paid, hereby sells and conveys to
CORNHUSKER FARMS, a Nebraska partnership, of Route 2, Leoti,
Kansas 67861, the real property situate in Weld County,
Colorado, described in Exhibit A consisting of 5 pages attach-
ed hereto and incorporated herein together with all improve-
ments thereon and together with all water and water rights
appurtenant thereto and WARRANTS TITLE THERETO except for
the matters set forth in Exhibit B attached hereto and in-
corporated herein. It is agreed, however, that no warranty
is made regarding water or water rights.
Signed and delivered this/ day of April, 1976.
State Documentary Fee
Date. APR I 9_6L.
Attest:
PREMIER CORPORATION
C. Gerald Haarer
Senior Vice President
Alan E. Price, Assistant Secretary
STATE OF COLORADO
) ss.
CITY AND COUNTY OF DENVER)
The foregoing document was acknowledged before me
this 14%. day of April, 1976, by C. GERALD HAARER, Senior
Vice President of Premier Corporation, a Delaware corporation.
,
Notary Public, County of Dpn vo-.,
My Commission Expires:%,,,A..4044.44611 %'A`'f'' '1'
OOA764
1686332
EXHIBIT A.
2. Covering the Land in the State of Colorado, County of Weld
Described as:
IN TOWNSHIP 3 NORTH RANGE 61 WEST OF TI1E 6th P.M.:
Section 2: Si%
Section 3: All
Section 4: All
Section 9: All
Section 10: SWi; W} SE.r
Section 11: All, EXCEPT that portion thereof described in Book 1505
at Page 525, Weld County Records.
Section 14: That part of the Ni described. as follows.: Beginning at the
Northeast corner of said Section 14;•thence West, _along the
North line of said Section, 5,280feet, more or less, to
the Northwest corner thereof; thence South, along the West
line of said Section, 2422 feet, to the centerline of U.S.
Highway No. 6; thence North 65° 39' East, along said highway
centerline, 5138 feet; thence, along said highway centerline,
on a 2° curve to the right, 556 feet to the East line of
said Section; thence North, along the East line of said
Section, 147 feet to the point of beginning, EXCEPT those
portions thereof described in Book 987 at Page 258, and
Book 1505 at Pages 513, 517 and 525, Weld County Records.
Section 17: Ni
Section 18: Si N, S
Section 19: That part of Section 19 lying West of the 100 foot wide
right of way of Old State Highway No. 52, the centerline
of which is described as follows: Beginning at the inter-
section of the South line of said Section with the centerline
of said highway, which point is 2465 feet East of the South-
west corner of said Section; thence North 32° 11' East, 2829.7
feet; thence on a 2° curve to the right, 529.1 feet; thence
North 42° 46' East, 1083.2 feet to a point on the East line
of said Section which is 1550 feet South of the Northeast
corner thereof•. -
Section 30: All that portion lying South of U.S. Highway No. 52;
That part lying North of the 100 foot hide rights of way of
U. S. Highway No. 6 and Old State Highway No.. 52, the
centerline of which is described as follows: Beginning on
the West line of said Section, 1660 feet South of the North-
west corner thereof, which point is the intersection of said
line with the centerline of U.S. Highway No. 6; thence North
65° 39' East, 2044 feet; thence North 42° 24' East, 314.3
feet; thence on a 3° curve to the left, 340.5 feet; thence
North 32° 11' East, 497 feet to a point on the North line of
said Section which is 2465 feet East of the Northwest corner
thereof, EXCEPT those portions described' in Book 1499 at Page
120 and Book 1505 at Pages 513, 517 and 525, Weld County Records
Page'1 of 5 to Exhibit A to Warranty Deed from Premier
Corporation to Cornhusker Farms.
rum Nu, O.142.2
aoo'
764.
Section
Section
Section
Section
-Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
' Sect ion
1686332
-7,3
EXHIBIT A --Continued
LEGAL DESCRIPTION, Continued
IN TOWNSHIP 2 NORTH. RANGE 62 WEST OF THE 6th P.M.:
Section 3: W; -
Section 4: NE}, El NWI, SW- NA EXCEPT that portion described in Book 1495
at Page 551, Weld County Records.
Section 5: SE -1 NE:1; those parts of the NW • and the' W1 NEi lying North of
Chicago, Burlington • & Quincy Railroad right of way, EXCEPT
those lands conveyed by instrument recorded in Book 1523 at
Page 404, Weld County Records.
Section 6: Ni, EXCEPT the following:
(a) those lands platted as the Town of Roggen;
(b) those lands platted as the First Addition to Town of Rogge;'
(c) those lands platted as Beggs Addition to the Town of Rogge:
(d) those lands conveyed by deed recorded in Book 373 at
Page 179, Book 509, Page 87, Book 688 -at Page 270,
Book 711 at Page 215, Book 932 at Page 422, Book 1192
at Page 446, Book 1294 at Page 150 and Book -1523 at
Page 404; and
that portion of the NE1 N.W. described in Certificate of
Survey recordY3 as Reception No. .1522727, in Book 601.
IN TOWNSHIP 3 TMRTFI RANGE 62 WEST OF THE 6th P.?d_ :
Section 5: ti'f; NEh
7: All
10: All
11: El N3'i y; SP7i NE
13: S Ny: S.
14: S-
15: W SAY
19: NWl ; \7 SVi
20: Ei S'I ; Sl 3E'; lei?' SEA
21: N.ME,; NE tB
22: NE?; NW: i~TWt
23: Nl; SE?
24: All
25: All lying North of U.S. Highway No. 52, EXCEPT that part lying
within the right of way for U.S. Highway No. 6, and EXCEPT
those portions thereof described in Book 989 at Page'191,
Book 1499 at Page 120, and Book 1505 at Pages 513, 517, and
525, Weld County Records.
26: NE?
28: E f SW; SY, SEA
29: N ; N- W*; SWSW;S; E�, SE- WI;SE3
30: I - , EXCEPT the NEI PTE ; 140.-S-1; SWh SW ; SEi SE
31: E N.14; Lot 1; El NWT
32: We l'r�; Wl SEA
33: 1.7Yq; SE3; El SW j EXCEPT those portions thereof described
in Book 1495 at Page 551 and Book ,1499 at Page 120, Weld County
Records.
Form No. 0.142.6
(e)
Page 2 of 5 to Exhibit- A to Warranty Deed from Premier
Corporation to Cornhusker Farms.
1686332
7-Y
I EXHIBIT A --Continued
LEGAL DESCRIPTION, Continued
IN TOWNSHIP 4 NORTH) RANGE 62 WEST OP. THE 6th P.11.:
Section 31: All
Section 32: That part of the Si lying South of a line drawn from the
Southeast corner of said Section to the West one -quarter
corner thereof.
IN TOWNSHIP 2 NORTH, RANGE 63 WEST OF THE 6th P.M_:
Section 1: lid 2'CEPT those portions thereof described in Book 1537 at
Page 155, Book 1548 at Page 258, and Book 1523 at .Page 404,
and EXCEPT that portion thereof described as .follows: Begin-
ning at the point of intersection of the East line of the NEi
of said Section with the Northerly right of way line of
Parcel No. 6 described in deed recorded in Book 1523 at Page
404, Weld County Records;
thence North 67° 44' West, along said Northerly right of way
line, 172.3 feet;
thence on a curve to the left having a radius of 250 feat and
a central angle of 36° 13' and a long chord which bears North
85° 50' 30" West 15504 feet,.an an arc distance of 158 feet;
thence South 76° 03' West, 171.8 feet;
thence on a curve to the left having a radius of 250 feet
and a central angle of 51° 13' and a long chord which bears
South 50° 26' 30" West 216.11 feet, an arc a distance of
223.48 feet;
thence South 24° 50' West, 443.6 feet;
thence along a curve to the right having a radius of 904.30
feet, a central angle of '33° 05' 00", and a long chord that
bears South 41° 22' 22" West, 514.93 feet;
thence North 00° 21' 00" West, 929.54,feet to the Northerly
line of tract described as an exception from said Section 1
in deed recorded in Book 636 as Reception No. 1558158,
thence North.69° 05' 26" West along said northerly line, 922,20
feet, to an angle point on said northerly line;
thence North 78° 03' East, 24 feet;
thence on a curve to the right having a radius of 250 feet
and a central angle of 36° 13' and a long chord which bears
South 85° 50' 30" East 155.4- feet, an arc distance of 153.03
feet;
thence South 67° 44' East, 118 feet;
thence North 86° 31' 46" East, 40 feet, more -or less, to a
point on the East line of said NEE;
thence South -0° 06' East, along said East line, to the point
of beginning.
Section 2: E. NE*, EXCEPT those portions thereof described in Book 1523 at
Page 404, Weld County Records.
Section 3: All of said Section lying North of a line parallel with and 50
feet distant Northerly from the centerline of the main tract
of the Chicago, Burlington & Quincy .Railroad Company'h railroad
as shown in instrument filed September 13, 1928, as Reception
No. 545994, Weld County Records, EXCEPT those portions thereof
described in Book 1523 at Page 404, Weld County Records.
FurmNo. L'-142.6
Page 3 of 5 to Exhibit A to Warranty Deed from Premier
Corporation to Cornhusker Farms.
ao°'4764' 1686332 .? S
EXHIBIT A —Continued
LEGAL DESCRIPTION, Continued
Section 4: That part of the SE4 lying North of the right of way of the
Chicago, Burlington .& Quincy Railroad Company, EXCEPT those
portions thereof described in Book 1538 at.Page 146.
IN TOWNSHIP 3 NORTH, lyiMGrE 63
Section 1; All
Section 3: All
Section 4: All
Section 9: All
Section 10: All
Section 11: All
Section 12: NW4 ; Ni S
Section 13: All
Section 15: All
Section 21: All
Section 22: Ei SW4; %'J SE4
:Section 23: All
Section 24: SWi; N1 NW4 NE.4; NI. Si NWt. NE , E ' SW NE ; Sw Sw4
S N4-SEil NWi. NW,; SE4i S NE NW* SEt; NEh NE,-
N* NW4 - NE SE4; SE4 SE4; Na SW* SEA ; Si S Si3 SE4.
Section 25: All
Section 26: N; SE4
Section 27: All
Section 33: Ez
Section 34: All
Section 35: All
WEST OF'THE 6th P.M.:
N•::'
SE;
IN TOWNSHIP 4 NORTH, RANGE 63 WEST OP THE 6th P.M.;
Section 13: That part of said Section- described as follows: Beginning
at the Southeast corner of said Section; thence North,
along the East line of said Section, 3777.7, feet to a point
on the South line of what is known as "The.Lincoln Highway";
thence along said highway right of way line, as follows:
North 85° 50' West, 197 feet; South 64° 51' West, 506 feet;
and North 84°•West, 324 feet; thence South, parallel with .
the East line -of said Section, 3593.8 feet to a' point on
the South line thereof; thence South 89° East, along said
South line, 976 feet to the point of beginning.
Section 21: All
Section 22: All -
Section 23: All
Section 24: All
Section 25: All
Section 26: All
Section 27:' All
Section 28: All
Section 33: All
Section 34: All
Section 35: All
Form Ni'. 0442.6
Page 4 of 5 to Exhibit A to Warranty Deed from Premier
Corporation to Cornhusker Farms.
660‘',764
EXHIBIT A —Continued
LE.,AL DESCRIPTION, Continued
IN TOWNSHIP 3 NOR'Y i r RANGE 62 WEST OF THE 6TH PA.:
Section 17: NWi NWi; Si NW
Section 20: W- NE?.;
Section 21: NWi NW
• ' 1686332
14
ALL OF THE DESCRIBED PROPERTY IS Iii WELD COUNTY, COLORADO.
Form Nu. C-IM1B.G
r
Page 5 of 5 to Exhibit A to Warranty Deed from Premier
Corporation to Cornhusker Farms.
5OO'A
764
EXHIBIT B
TO
WARRANTY DEED
PREMIER CORPORATION
TO
CORNHUSKER FARMS
' 1,586332
1 7
The following matters are excepted from the warranty
in the deed from Premier Corporation to Cornhusker Farms.
a. general property taxes for 1976 and for
subsequent year:a ;
b. any and all district assessments for 1976
and for subsequent years;
c. all roads, highways, ditches, pipelines,
utilities and easements and rights of way
therefor;
d. any and all patent and mineral reservaz
tions of record;
e. all rights, existing or of record, to the
use, appropriation, storage and transporta-
tion of water :From, over and above the
property;
f. all right, title and interest of any persons,
other than Premier Corporation in and to
minerals, oil, gas, casinghead gas and
associated hydrocarbons, or coal granted,
leased or reserved by instruments of record;
g. zoning and planning resolutions or regulations;
and
h. except the £o:Llowing deed of trust which
Premier Corporation agrees will be released
from proceeds paid to it this date: gook 653,
Reception No. 1575468.
EXHIBIT B
TO
WARRANTY DEED
PREMIER CORPORATION
TO
CORNHUSKER FARMS
.
4 � `
857
WARRANTY DEED
boa JAN 1"5 1979:
Recorded o4 o'clock
1778802 `Pt -a
. 1 U lop
5rote of Colorado, Wald County Clerk & Recorder
THIS DEED, Made this 10th day of January, 1979, between
CORNHUSKER FARMS, a general partnership organized and exist-
ing under the laws of the State of Nebraska, consisting of
J. Charles Jaeger, Raymond E. Jaeger and William 0. Jaeger,
of the County of Weld and State of Colorado, of the first
part, and MIKE CERVI of the City and County of Denver and
State of Colorado, of the second part;
WITNESSETH, that the said party of the first part, for
and in consideration of the sum of Three Million Two Hundred
Sixty -One Thousand Five Hundred Nine and 26/100 Dollars
($3,261,509.26) to the said party of the first part in hand
paid by the said party of the second part, the receipt
whereof is hereby confessed and acknowledged, and other good
and valuable consideration to be performed by the party of
the second part, has granted, bargained, sold and conveyed,
and by these presents does grant, bargain, sell, convey and
confirm unto the said party of the second part, his heirs
and assigns forever, all the parcels of land, situate, lying
and being in the County of Weld and State of Colorado, and
more particularly described on Exhibit A attached hereto and
incorporated by reference as if fully rewritten herein;
TOGETHER WITH any and all oil, gas and mineral rights and
interests now owned by party of the first part, appertaining
thereto all wells and well rights, water and water rights,
ditches and ditch rights, direct flow surface rights and
storage rights; appertaining thereto including but not by
way of limitation 156 cubic feet per second of water from
the Highland Ditches and storage rights from Lost Creek
totalling 176.16 acre feet, and 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
said party 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 party
of the second part, his heirs and assigns forever. And the
said party of the first part, for itself, its successor and
assignes, does covenant, grant, bargain and agree to and
with the said party of the second part, his heirs and assigns,
that at the time of the ensealing and delivery of these
presents, it is well seized of the premises above conveyed,
as of good, sure, perfect, absolute and indefeasible estate
of inheritance, in law, in fee simple, and has 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 from all former and other grants,
bargains, sales, liens, taxes, assessments and encumbrances
of whatever kind or nature soever, except taxes for the
calendar year 1979, and subsequent years, encumbrances,
rights of way, easements, reservations, conditions, covenants
and restrictions of record. This conveyance is specifically
made subject to the following deeds of trust:
a. ❑eed of Trust from Cornhusker Farms to the Public
Trustee of Weld County, Colorado, for the use and
benefit of Northwestern Mutual Life Insurance
Company to secure $4,250,000.00 recorded April 19,
1976 under reception number 1686333 in the office
of the County Clerk and Recorder of Weld County,
Colorado.
State Documentary Fee
..,. JAN 15 1979
Ucite
.. ' . BOOK
85'7
1778802
b. Deed of Trust from Cornhusker Farms to the Public
Trustee of Weld County, Colorado, for the use and
benefit of Premier Corporation to secure $250,000.00
recorded April 19, 1976 under reception number
1686334 in the office of the County Clerk and
Recorder of Weld County, Colorado.
c. All deeds of trust from Cornhusker Farms to the
Public Trustee of Weld County, Colorado, for the
use and benefit of the United Banks of Denver
National Association.
Party of the first part hereby warrants and covenants
to party of the second part that the status of title for the
property hereby conveyed is, on the date hereof, as reflected
in that certain mortgagee policy of title insurance issued
by Transamerica Title Insurance Company under policy number
75005921 with an effective date of April 21, 1976 at 8;00
a.m. as supplemented by those certain certificates of said
Company with an effective date of May 17, 1978, and Decem-
ber 21, 1978, and further covenants and agrees to indemnify
and save harmless the party of the second part from any
loss, claim, damage, cost or expense incurred by party of
the second part should the status title to the property
hereby conveyed not be as represented herein.
Party of the first part further warrants the above bar-
gained premises in the quiet and peaceable possession of the
said party of the second part, the survivor of him, his
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 party of the
first part shall and will WARRANT AND FOREVER DEFEND. The
singular number shall include the plural, the plural the
singular, and the use of any gender shall be applicable to
all genders.
IN WITNESS WHEREOF the said party of the first part has
hereunto set its hand and seal the day and year first above
written.
CORNHUSKER FARMS,
A Nebraska General Partnership
By
By
Ray
By
STATE OF COLORADO
} SS.
CITY AND COUNTY OF DENVER )
wx�liam { Jaege
Jaegr�
1
2. .Zi
-2-
.800 (857
17,8802
The foregoing instrument was acknowledged before me
this c3"1 day of January, 1979, by J. Charles Jaeger, Raymond
E. Jaeger and William 0. Jaeger as General Partners of
Cornhusker Farms, a Nebraska General Partnership.
WITNESS my hand and official seal.
:ri47, 'Asaidp expires:
1ic•
My =" :•'+.Essio i cs;pire3
' 2^r 19E0
{
BoOK851
17'78802
EXHIBIT A
Situated in the State of Colorado, County of Weld, and more part-
icularly discribed as follows:
IN TOWNSHIP 3 NORTH, RANGE 61 WEST OF THE 6th P.M.;
Section
30: All that portion lying South of U.S. Interstate
Highway No. 76, EXCEPT those portions described
in Book 1499 at Page 120 and Book 1505 at Pages
513, 517 and 525, Weld County Records.
IN TOWNSHIP 2 NORTH, RANGE 62 WEST OP THE 6th P.M.:
Section 3:
Section 4:
Section 5:
Section 6:
W 1/2
NE 1/4', E 1/2 NW 1/4, SW 1/4 NW 1/4 EXCEPT that
portion described in Book 1495 at Page 551, Weld
County Records.
SE 1/4 NE 1/4; those parts of the NW 1/4 lying
West of County Road 387 and North of U.S Interstate
Highway. 76 and the W 1/2 NE 1/4 lying North of
Chicago, Burlington & Quincy Railroad right of way,
and South of U.S. Interstate Highway No. 76, EXCEPT
those lands conveyed by instrument recorded in Book
1523 at Page 404, Weld County Records.
N 1/2, EXCEPT the following:
(a) those lands platted as the Town of Roggen;
(b) those lands platted as the First Addition to
Town of Roggen;
(c) those lands platted as Beggs Addition to the
Town of Roggen;
(d) those lands conveyed by deed recorded in Book
373 at Page 179, Book 509, Page 87, Book 688
at Page 270, Book 711 at Page 215, Book 932
at Page 422, Book 1192 at Page 446, Book 1294
at Page 150 and Book 1523 at Page 404; and
(e) that portion of the NE 1/4 NW 1/4 described in
Certificate of Survey recorded as Reception
No. 1522727, in Book 601.
IN TOWNSHIP 3 NORTH RANGE 62 WEST OF THE 6th P.M.:
Section
Section
Section
Section
5:
7:
19:
25:
Section 29:
Section 30;
Section 31:
Section 32:
Section 33:
W 1/2; NE 1/4
All
NW 1/4; W 1/2 SW 1/4
All lying South of U.S. Interstate Highway No. 76,
EXCEPT that part lying within the right of way for
U.S. Highway No. 6, and EXCEPT those portions thereof
described in Book 989 at Page 191, Book 1499 at Page
120, and Book 1505 at Pages 513, 517, and 525, Weld
County Records.
N 1/2; N 1/2 SW 1/4; SW 1/4 SW 1/4; that part of the
E 1/2 SE 1/4 and the SW 1/4 SE 1/4 lying North and
West of County Road 387
N 1/2 EXCEPT the NE 1/4 NE 1/4; N 1/2 S 1/2; SW 1/4
SW 1/4; SE 1/4 SE 1/4
E 1/2 NE 1/4; Lot 1; E 1/2 NW 1/4
That part of the W 1/2 W 1/2;
lying West of County Road 3B7
That part of the SE 1/4 and the E 1/2 SW 1/4 lying
south of U.S. Interstate Highway No. 76, EXCEPT those
portions thereof described in Book 1495 at Page 551
and Book 1499 at Page 120, Weld County Records.
tOOK.857
17'78802
N TOWNSHIP 4 NORTH RANGE 62 WEST OF THE 6th P.1.!.:
ection 31: All
ection 32; That part of the Si lying South of a line drawn from the
Southeast corner of said Section to the West one -quarter
corner thereof.
H TOWNSHIP 2 NORTH, RANGE 63 WEST O? THE 6th P.M.:
ection 1: NI EXCaPj' those portions thereof described in Book 1537 at
Page 155, Book 1548 at Page 258, and Book 1523 at Page 404,
and EXCEPT that portion thereof described as follows: Begin-
ning at the point of intersection of the East line of the NEt
of said Section with the Northerly right of way line of
Parcel No. 6 described in deed recorded in Book 1523 at Page
404, Weld County Records;
thence North 67° 44' West, along said Northerly right of way
line, 172.3 feet;
thence on a curve to the left having a radius of 250 feet and
a central angle of 36° 13' and a long chord which bears North
85° 50' 30".West 155.4 feet, an arc distance of 158 feet;
thence South 76° 03' West, 171.8 feet;
thence on a curve to the left having a radius of 250 feet
and a central angle of 51° 13' and a long chord which bears
South 50° 26' 30" West 216.11 feet, an arc a distance of
223.48 feet;
thence South 24° 50' West, 443.6 feet;
'thence along a curve to the right having a radius of 904.30
feet, a central angle of 33' 05' 00", and a long chord that
bears South 41° 22' 22" West, 514.93 feet;
thence North 00° 21' 00" West, 929.54 feet to the Northerly
line of tract described as an exception from said Section 1
in deed recorded in Book 636 as Reception No. 1558158,
thence North 69° 05' 26" West along said northerly line, 922,20
feet, to an angle point on said northerly line;
thence North 78° 03' East, 24 feet;
thence on a curve to the right having a radius of 250 feet
and a central angle of 36° 13' and a long chord which bears
South 85° 50' 30" East 155.4 feet, an arc distance of 158.03
feet;
thence South 67° 44' East, 118 feet;
thence North 86° 31' 46" East, 40 feet, more or less, to a
point on the East line of said NE*;
thence South 0° 06' East, along said East line, to the point
ginning. -
ction 2: Ei NEt, EXCEPT those portions thereof described in Book 1523 at
le Page 404, Weld County Records.
ction 3: All of said Section lying North of a line parallel with and 50
feet distant northerly from the centerline of the main tract
of the Chicago, Burlington & Quincy Railroad Company's railroad
as shown in instrument I led epterober 13, 1925, as Reception
No. 545994, Weld County Records, EXCEPT those portions thereof
described in Book 1523 at Page 404, Weld County Records.
BOOK
. 85'7
1'X'78802
Section 4;
That part of the SE 1/4 lying North of the right of
way of the Chicago, B.urlington & Quincy Railroad
Company, EXCEPT these portions thereof described in
Book 1538 at Page 146.
IN TOWNSHIP 3 NORTH, RANGE 63 WEST OF THE 6th P.M.:
Section 1:
Section 3:
Section 4:
Section 9:
Section 10:
Section 11:
Section 12:
Section 13:
Section 15:
Section 21:
Section 22:
Section 23:
Section 24':
Section 25:
Section 26:
Section 27:
Section 33:
Section 34:
Section 35:
All
All
All
All
All
All
NW 1/4; N 1/2 S 1/2
All
All
All
E 1/2 SW 1/4; W 1/2 SE 1/4
All
SW 1/4; N 1/2 NW 1/4 NE 1/4; N 1/2 S 1/2 NW 1/4 NE 1/4;
E 1/2 SW 1/4 NE 1/4; SW 1/4 SW 1/4 NE 1/4; S 1/2 N 1/2
SE 1/4; NW 1/4 NW 1/4 SE 1/4; S 1/2 NE 1/4 NW.1/4
SE 1/4; NE 1/4 NE 1/4 SE 1/4; N 1/2 NW 1/4!'NE 1/4
SE 1/4; SE 1/4 SE 1/4; N 1/2 SW 1/4 SE 1/4; S 1/2
S 1/2 SW' 1/4 SE 1/4.
All
N 1/2; SE 1/4
All
E 1/2
All
All
IN TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6th P.M.:
Section 13:
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
21:
22:
23:
24:
25:
26:
27:
28:
33:
34:
35:
That part of said Section described as follows:
Beginning at the Southeast corner of said Section;
thence North, along the East line of said Section,
3777.7 feet to a point on the South line of what is
known as "The Lincoln Highway"; thence along said
highway right of way line, as follows: North 85°50'
West, 197 feet; South 64°51' West, 506 feet; and
North 84° West, 324 feet; thence South, parallel with
the East line of said Section, 3593.8 feet to a point
on the South line thereof; thence South 890 East,
along said South line, 976 feet to the point of
beginning.
All
All
All'
All
All
All
All
All
All
All
All
. !Pi boot 8G3
Raeo,dad 4t
1'785132Al
.. J��f
State of Colorado. Wald County Cie* Er Raaofdor h,
Rec. No.
CORRECTIVE
• WARHA T 'TEED
I
TINS DEED, made this 10th day of January, 1979, between
tti CORNHUSKER FARMS, a general partnership organized and existing under
krt the laws of the State of Nebraska, consisting of J. Charles Jaeger,
to Raymond E. Jaeger and William Q. Jaeger, of the County of Weld and
,.I State of Colorado, o€ the first part, and MIKE CERVI of the City
and County of Denver and State of Colorado, of the second part:
W TNESSETH, that the said party of the first part, for
and in consideration of the sum of Three Million Two Hundred.Sixty-
I oil One Thousand Five Hundred Nine and 26/100 Dollars ($3,261,509.26)
�y.. to the said party of the first part in hand paid by the said party
o- of the second part, the receipt whereof is hereby confessed and
acknowledged, and other good and valuable consideration to be
performed by the party of the second part, has granted, bargained,
sold and conveyed, and by these presents does grant, bargain, sell,
convey and confirm'unto the said party of the second part, his heirs
and assigns forever, all the parcels of land, situate, lying and
being in the County of Weld and State of Colorado, and more particu-
larly described on Exhibit A attached hereto and incorporated by
reference as if fully rewritten herein; TOGETHER WITH any and all
oil, gas and mineral rights and interests now owned by party of
the first part appertaining thereto all wells and well rights, water
and water rights, ditches and ditch rights, direct flow surface
rights and storage rights appertaining thereto, including, but not
by way of limitation, 136 cubic feet per second of water from the
Highland Ditches and storage rights from Lost Creek totalling
176.16 acre feet, and all and singular the hereditaments and appur-
tenances 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 said party 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 party of the
second part, his heirs and assigns forever. And the said party of
the first part, for itself, its successors and assigns, does cov-
enant, grant, bargain and agree to and with the said party of the
second part, his heirs and assigns, that at the time of the enseal-
ing and delivery of these presents, it is well seized of the pre-
mises above conveyed, as of good, sure, perfect, absolute and in-
defeasible estate of inheritance, in law, in fee simple, and has
good right, full power and lawful authority to grant, bargain, sell
and convey the saste in manner and form 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, except taxes for the calendar year 1979, and
subsequent years, encumbrances, rights of way, easements, reser-
vations, conditions, covenants and restrictions of record. This
conveyance is specifically made subject to the following deeds of
trust:
a. Deed of Trust from Cornhusker Farms to the Public
Trustee of Weld County, Colorado, for the use and
benefit of Northwestern Mutual Life Insurance
Company to secure $4,250,000.00 recorded April 19,
1976, under reception number 1686333 in the office
of the County Clerk and Recorder of Weld County,
'Colorado.
863.
1785132
b. Deed of Trust from Cornhusker Farms to the Public
Trustee of Weld County, Colorado, for the use and
benefit of Premier Corporation to secure $250,000 00
recorded April 19, 1976, under reception number
1686334 in the office of the County Clerk and Re-
corder of Weld County, Colorado.
c. All deeds of trust from Cornhusker Farms to the
Public Trustee of Weld County, Colorado, for the
use and benefit of the United Banks of Denver,
National Association.
Party of the first part hereby warrants and covenants to
party of the second part that the status of title for the property
hereby conveyed is, on the date hereof, as reflected in that certain
mortgagee policy of title insurance issued by Transamerica Title
Insurance Company under policy number 75005921 with an effective
date of April 21, 1976, at 8:00 a.m. as supplemented by those
certain certificates of said Company with an effective date of
May 17, 1978, and December 21, 1978, aid further covenants and
agrees to indemnify and save harmless the party of the second part
from any loss, claim, damage, cost or expense incurred by party of
the second part should the status of title to the property hereby
conveyed not be as represented herein.
Party of the first part further warrants the above bar-
gained premises in the quiet and peaceable possession of the said
party of the second part, the survivor of him, his 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 party of the first part shall and will
WARRANT AND FOREVER DEFEND. The singular number shall include the
plural, the plural the singular, and the use of any gender shall be
applicable to all genders.
This deed is a corrective deed executed and delivered to
correct an error in the spelling of the name of William Q. Jaeger
as reflected in that certain Warranty Deed from Cornhusker Farms
to Mike Cervi, dated January 10, 1979, and recorded January 15,
1979, in Book 857 under Reception Number 1778802 in the office of
the County Clerk and Recorder of Weld County, Colorado.
IN WITNESS WHEREOF the said party of the first part has
hereunto set its hand and seal the day and year first above written.
CORNHUSKER FARMS, a Nebraska
General Partnership
By `
By
h.rles Ja--ex
Rai d E Jaeger
•'664;:k 863
1785132
.3
STATE OF COLORADO
SS.
CITY AND COUNTY OF DENVER }
The, fore piny instrument was acknowledged before me this
14-14.1 day of �Y, l979, by J. Charles Jaeger, Raymond E.
Jaeger and William Q. Jaeger as General Partners of Cornhusker
.'''..*"4 lns.r' a Nebraska General Partnership.
-t .WITNESS my hand and official seal.
Mycommission expires:(
Notary ublic
:K; 863
1'785132
4-4)(
EXHIBIT A
Situated in the State of Colorado, County of Weld, and more part-
icularly discribed as follows:
IN TOWNSHIP 3 NORTH, RANGE 61 WEST OF THE 6th P.M.:
Section 30: All that portion lying South of U.S. Interstate
Highway No. 76, EXCEPT those portions described
in Book 1499 at Page 120 and Book 1505 at Pages
513, 517 and 525, Weld County Records.
IN TOWNSHIP
Section 3:
Section 4:
Section 5:
Section 6:
IN TOWNSHIP
2 NORTH, RANGE G2 WEST OF THE 6th P.M.:
N 1/2
NE 1/4; E 1/2 NW 1/4, SW 1/4 NW 1/4 EXCEPT that
portion described in Book 1495 at Page 551, Weld
County Records.
SE 1/4 NE 1/4; those parts of the NW 1/4 lying
West of County Road 367 and North of U.S Interstate
Highway 76 and the N 1/2 NE 1/4 lying North of
Chicago, Burlington & Quincy Railroad right of way,
and South of U.S. Interstate Highway No.. 76, EXCEPT
those lands conveyed by instrument recorded in Bock
1523 at Page 404, Weld County Records.
N 1/2, EXCEPT the following:
(a) those lands platted as the Town of Roggen;
(b) those lands platted as the First Addition to
Town of Roggen;
(c) those lands platted as Beggs Addition to the
Town of Roggen;
(d) those lands conveyed by deed recorded in Book
373 at Page 179, Book 509, Page 87, Book 688
at Page 270, Book 711 at Page 215, Book 932
at Page 422, Book 1].92 at Page 446, Book 1294
at Page 150 and Book 1523 at Page 404; and
(e) that portion of the NE 1/4 NW 1/4 described in
Certificate of Survey recorded as Reception
No. 1522727, in Book G01.
3 NORTH RANGE 62 WEST OF THE 6th P.M.:
Section
Section
Section
Section
5:
7:
19:
25:
Section 29:
Section 30:
Section 31:
Section 32:
:section 33:
N 1/2; NE 1/4
All
NW 1/4; W 1/2 SW 1/4
All lying South of U.S. Interstate Highway No. 76,
EXCEPT that part lying within the right of way for
U.S. Highway No. 6, and EXCEPT those portions thereof
described in Book 989 at Page 191, Book 1499 at Page
120, and Book 1505 at Pages 513, 517, and 525, Weld
County Records.
N 1/2; N 1/2 SW 1/4; SW 1/4 SW 1/4; that part of the
E 1/2 SE 1/4 '•end the SW 1/4 SE 1/4 lying North and
West of County Road 3B7
N 1/2 EXCEPT the NE 1/4 NE 1/4; N 1/2 S 1/2; SW 1/4
SW 1/4; SE 1/4 SE 1/4
E 1/2 NE 1/4; Lot• 1; E 1/2 NW 1/4
That part of the N 1/2 N 1/2;
lying West of County Road 387
That part of the SE 1/4 and the H 1/2 SW 1/4 lying
south of U.S. Interstate Highway No. 76, EXCEPT those
portions thereof described in Book 1495 at Page 551
and Book 1499 at Page 120, weld County Records.
Actoc .863
1'785132
' TOWNSHIP 4 NORTHT RANGE 62 WEST OF THE 6th P.M.:
.ction 31: All
•ction 32: That part of the S; lying South of a line drawn from the
- Southeast corner of said Section to the West one --quarter
corner thereof.
TOWNSHIP 2 NORTH, RANGE 63 WEST OF THE Gth P.M.:
ction 1: NI EXCLVl• those portions thereof described in Boob. 1537 at
Page 155, Book 1548 at Page 258, and Book 1523 at Page 404,
Rnd EXCEPT that portion thereof described as follows: Begin—
ning,at the point of intersection of the East line of the 1{Ei
of said Section with the Northerly right of way line of
Parcel No. 6 described in deed recorded in Book 1523 at Page
404, Weld County Records;
thence North 67° 44' West, along said Northerly right of way
line, 172.3 feet;
thence on a curve' to the left having a radius of 250 feet and
tt central angle of 36° 13' and a long chord which bears North
85° 50' 30" West 155.4 feet, an arc distance of 158 feet;
thence South 76° 03' West, 171.8 feet;
thence on a curve to the left having a radius of 250 feet
and a central angle of 51° 13' and a long chord which bears
South 50° 26' 30" West 216.11 feet, an arc a distance of
223.48 feet;
thence South 24° 50' West, 443.6 feet;
thence along a curve to the right having a radius of 904.30
feet, a central angle of 33° 05' 00", and a long chord that
bears South 41° 22' 22" West, 514.93 feet;
thence North 00° 21' 00" West, 929.54 feet to the Northerly
line of tract described as an exception from said Section 1
in deed recorded in Book 636 as reception No. 1558158,
thence North 69° 05' 26" West along said northerly line, 022.20
feet, to an angle point on said northerly line;
thence North 78° 03' East, 24 feet;
thence on a curve to the right having a radius of 250 feet
and a central angle of 36° 13' and a long chord which bears
South 85° 50' 30" East 155.4 feet, an arc distance of 158,03
feet;
thence South 67° 44' East, 118 feet;
thence North 86° 31' 46" East, 40 feet, lore or less, to a
point on the East line of said NEB;;
thence South 0° 06' East, along said East line, to the point
of beginning.
tion 2: Ei NE*, EXCEPT those portions thereof described in Book 1523 at,
Page $04, Field County records.
tion 3: All of said Section lying North of a line parallel ;.ith and 50
feet distant Northerly from the center].ine of the main tract
of the Chicago, Burlington & Quincy Railroad Company's railroad
as shown in instrument riled September 13, 1928, as Reception
No. 555994 Weld County Records, EXCEPT those portions thereof
described i❑ Book 1523 at Page 404, Weld County Records.
863
Section 4:
1'785132
4 -
That p.Lrt of the SE 1/4 ,lying North of the right of
way of the. Chicago, Burlington & Quincy Railroad
Company, EXCEPT those portions thereof described in
Book 1538 at Page 146.
IN TOWNSHIP 3 NORTH, RANGE 63 WEST• OP THE Gth P . b4. :
Section 1:
Section 3:
Section 4:
Section 9:
Section 10:
Section 11:
Section 12:
Section 13:
Section 15:
Section 21:
Section 22:
Section 23:
Section 24:
Section 25:
Section 26:
Section 27:
Section 33:
Section 34:
Section 35:
All
All
All
All
All
All
NW 1/4; N 1/2 S 1/2
All
All
All
E 1/2 SW 1/4; W 1/2 SE 1/4
All
SW 1/4; N 1/2 NW 1/4 NE 1/4; N 1/2 S 1/2 NW 1/4 NE 1/4;
E 1/2 SW 1/4 NE 1/4; SW 1/4 SW 1/4 NE 1/4; S 1/2 N 1/2
SE 1/4; NW 1/4 NW 1/4 SE 1/4; S 1/2 NE 1/4 NW 1/4
SE 1/4; NE 1/4 NE 1/4 SE 1/4; N 1/2 NW l/4, NE 1/4
SE 1/4; SE 1/4 SE 1/4; N 1/2 SW 1/4 SE 1/4; S 1/2
S 1/2 SW 1/4 SE 1/4.
All
N 1/2; SE 1/4
All
E 1/2
All
All
IN TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6th P.M.:
Section 13:
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
21:
22:
23:
24:
25:
26:
27:
28:
33:
34.
35:
That part of said Section described as follows:
Beginning at the Southeast corner of said Section;
thence North, along the East line of said Section,
3777.7 feet to a point on the South line of what is
known as "The Lincoln Highway"; thence alone said
highway right of way line, as follows: North 85050'
West, 197 feet; South 64°51` West, 506 feet; and
North 84° West, 324 feet; thence South, parallel with
the East.line of said Section, 3593.8 feet to a point
on the South line thereof; thence South 890 East,
along said South line, 976 feet to the point of
beginning.
All
All
All
All
All
All
All
All
All
Al].
All
111111111111111111111111111111111111111 I11 liii III 1111
3i 3 ' 3290313 I15/31/2005 0111P Weld County, CO
1 at 8 R 41.04 0 0,00 Steve Moreno Clerk & Recorder
WARRANTY DEED, ASSIGNMENT OF LEASES,
BILL OF SALE AND ASSIGNMENT
(Blanket Conveyance - All Property in Weld County)
STATE OF COLORADO
KNOW ALL MEN BY THESE PRESENTS, THAT:
COUNTY OF WELD §
This Warranty Deed, Assignment of Leases and Bill of Sale ("Agreement") is entered into
effective as of May 1, 2004 (the "Effective Date") by MICHAEL EUGENE CERVI ("Grantor")
and CERVI ENTERPRISES, INC., a Colorado corporation ("Grantee").
On or about the date hereof, Grantor has executed a Warranty Deed, Assignment of Leases
and Bill of Sale in favor of Grantee, conveying to Grantee certain specifically described real and
personal property and leases in Weld County, Colorado (the "Roggen Ranch Deed"). Within the
Roggen Ranch Deed, Grantor reserved a specifically described tract or parcel of land, a
description of which is set forth on Exhibit B attached hereto (the "Homestead Tract"), and
certain easements for the benefit of the Homestead Tract, It is the intent of Grantor and Grantee
that this Agreement transfer and convey to Grantee all remaining land in Weld County, Colorado
that is owned by Grantor, other than the real property covered by the Roggen Ranch Deed, the
Homestead Tract, and the easements benefiting the Homestead Tract.
Warranty Deed
Grantor, for and in consideration of the sum of TEN AND NO/ 100 DOLLARS ($10.00)
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged by Grantor, has GRANTED, BARGAINED, CONTRIBUTED and CONVEYED
and by these presents does GRANT, BARGAIN, CONTRIBUTE and CONVEY unto Grantee,
and Grantee's successors, legal representatives and assigns, the following described tracts or
parcels of land, together with all fixtures and improvements located thereon (the "Subject
Property"):
(a) BEING the real properly more particularly described on Exhibit A attached
hereto (the "Land"), together with all right, title and interest of Grantor in
and to (i) all streets, roads, alleys, easements, rights -of -way, licenses,
rights of ingress and egress, vehicle parking rights and public places,
existing or proposed, abutting, adjacent, used in connection with or
pertaining to the Land or the improvements located thereon, (ii) any strips
or gores of land between the Land and abutting or adjacent properties, and
(iii) all water and water rights, timber and crops pertaining to the Land;
(b) All of Grantor's right, title and interest in and to any and all oil, gas and
other minerals and mineral interests pertaining to the Land, and all of
Grantor's right, title and interest in and to any other oil, gas and other
minerals and mineral interests located in Weld County, Colorado; and
(c) Subject to the reservations set forth herein and in the Roggen Ranch Deed,
all of Grantor's right, title and interest in and to any other real property in
1111111 11111 DIII 111111 im iuu 1111111 III 11111 1111 im
3290313 05/31/2005 01:11P Weld County, Co
2 of 8 R 41.00 D 0.00 Steve Moreno Clerk & Recorder
Weld County, Colorado in which Grantor may own an interest, whether or
not such real property is described on Exhibit A attached hereto.
SAVE AND EXCEPT, and there is hereby expressly reserved unto Grantor and excepted from
this conveyance, that certain tract or parcel of land more particularly described on Exhibit B
attached hereto (the "Homestead Tract"), together with all fixtures an improvements located
thereon, and all easements previously or contemporaneously reserved by Grantor in connection
therewith.
This conveyance is made and accepted expressly subject to (i) liens securing payment of ad
valorem taxes for the year 2005 and subsequent years, and subsequent assessments for prior years
due to change in land usage or ownership, and (ii) all restrictions, easements, rights -of -way, all
prior conveyances and reservations of oil, gas and other mineral interests and royalty interests, all
oil, gas and other mineral leases, maintenance and assessment charges and liens securing same,
building set back lines, zoning laws and ordinances of governmental authorities, and all covenants
and agreements, if any, of record in the Real Property Records (Office of the County Clerk and
Recorder) of Weld County, Colorado to the extent that such matters are presently valid, subsisting
and affect the Subject Property. Ad valorem taxes on the Subject Property for the year 2005 have
been prorated between the parties and payment of such taxes is assumed by Grantee.
TO HAVE AND TO HOLD the Subject Property, together with all and singular the rights
and appurtenances thereto and in anywise belonging, unto the Grantee and Grantee's successors,
legal representatives and assigns forever; and Grantor does by these presents bind Grantor and
Grantor's heirs and personal representatives to WARRANT and FOREVER DEFEND, all and
singular, the Subject Property unto Grantee and Grantee's successors, legal representatives and
assigns against every person whomsoever lawfully claiming or to claim the same or any part
thereof, by, through or under Grantor, but not otherwise.
Assignment and Assumption of Leases
Grantor, for the same consideration provided for above, has ASSIGNED,
TRANSFERRED and CONVEYED and by these presents does ASSIGN, TRANSFER and
CONVEY unto Grantee, and Grantee's successors, legal representatives and assigns, all of
Grantor's right, title and interest as Tenant in and to any and all leases covering land in Weld
County, Colorado (the "Leases"). This assignment includes all of Grantor's interest as tenant in
and to the Leases and the leasehold estates created thereby, and all of the rights, benefits and
privileges of the tenant thereunder, including without limitation an amount equal to all security
deposits and prepaid rentals made under the Leases and not forfeited, but subject to all terms,
conditions, reservations and limitations set forth in each of the Leases.
TO HAVE AND TO HOLD the Leases, together with all and singular, the rights and
appurtenances thereto and in anywise belonging, unto the Grantee, its successors and assigns
forever, and Grantor does hereby bind itself, and its successors and legal representatives to
WARRANT and FOREVER DEFEND, all and singular, the Leases unto Grantee, its successors
and assigns, against every person whomsoever lawfully claiming or to claim the same or any part
thereof, by, through, or under Grantor, but not otherwise.
2
I 11111 11111 111111 im 11111 1111111 Ill 11111 Jill
3290313 05/31/2005 01:11f Weld County, CD
3 of 8 R 41.00 D 0.00 Steve Moreno Clerk & Recorder
Grantee hereby accepts, assumes and agrees to be bound by and to perform, observe,
comply with and fully discharge all of the terms, conditions, provisions, duties, covenants,
agreements and obligations set forth in the Leases that are binding upon or are to be performed,
observed and complied with and discharged by Grantor on or after the Effective Date of this
Agreement. Grantee covenants and agrees to INDEMNIFY, DEFEND and HOLD Grantor
HARMLESS from and against any and all losses, liabilities, claims or causes of action existing in
favor of or asserted by the Landlord under the Leases arising out of or relating to acts or
omissions occurring from and after the date hereof that arise from or are related to the Leases or
the obligations of the Tenant thereunder.
Bill of Sale and Assignment
Grantor, for the consideration described above, has ASSIGNED, BARGAINED,
CONTRIBUTED and DELIVERED, and by these presents does ASSIGN, BARGAIN,
CONTRIBUTE and DELIVER unto the said Grantee the following described tangible and
intangible personal property, licenses and contract rights (collectively, the "Personalty"):
(a) All crops and all cattle and other livestock of any kind located on the
Subject Property or the Lease Property;
(b) All inventory, including all goods, merchandise, raw materials, supplies
and other tangible personal property located on the Subject Property or the
Lease Property;
(c) All accounts, accounts receivable, contract receivables, contract rights,
notes, drafts, acceptances, instruments, chattel paper and general
intangibles, and all guarantees and suretyship agreements relating thereto
and all security for payment thereof, relating to Grantor's business
conducted from or in any way arising from or related to the Subject
Property or the Lease Property;
(d) All equipment, furniture, furnishings, machinery, tractors, trailers, farm
implements, fences and other tangible personal property and fixtures of any
kind located on, attached to or used in connection with the ownership,
maintenance, or operation of the Subject Property or the Lease Property,
(e) All licenses, permits, authorizations, consents, variances, waivers,
approvals, occupancy certificates and the like, from any Federal, state,
county, municipal or other governmental or quasi -governmental body,
agency, department, board, commission, bureau or other entity or
instrumentality affecting the use or operation of the Subject Property or the
Lease Property, but only to the extent that Grantor's interest in the same are
or may be transferable or assignable by Grantor (collectively, the
"Permits"), including, without limitation, water well permits.
(1) Mt (i) contracts or agreements, such as maintenance, service, or utility
contracts related to the Subject Property or the Lease Property (collectively,
the "Contracts"), (ii) warranties, guaranties, indemnities, and claims
relating to the Subject Property or the Lease Property, (iii) insurance
contracts or policies relating to the Subject Property or the Lease Property,
arid (iv) other property (real, personal, or mixed), owned or held by
Grantor that relates, in any way, to the design, constructi.bn, ownership,
3
111111 VIII VIII VIII IIII VIII II�II III VIII IIII IIII
3290313 05f3112005 01:11P Weld County, CO
4 et 8 K 41,00 p 0.00 Steve Moreno Clerk l Recorder
use, leasing, maintenance, service, or operation of the Subject Property or
the Lease Property.
(g) All benefits payable or otherwise afforded by any state or Federal crop,
dairy or other commodity program (including, without limitation, all
payment rights, subsidy payments, insurance, price support payments,
entitlements and other rights and benefits) related to the Subject Property,
the Lease Property or the activities conducted thereon, or the other
Personalty described above (including, without limitation, all programs
administered by the U.S. Department of Agriculture and the Farm Credit
Administration).
TO HAVE AND TO HOLD the Personalty unto the Grantee, its successors and assigns
forever. Grantor warrants and agrees to defend title to the Personalty unto the Grantee, its
successors and assigns, against every person whomsoever lawfully claiming or to claim the same,
or any part thereof.
Grantee hereby accepts, assumes and agrees to be bound by and to perform, observe,
comply with and fully discharge all of the terms, conditions, provisions, duties, covenants,
agreements and obligations set forth in the Contracts and Permits that are binding upon or are to
be performed, observed and complied with and discharged by Grantor, to the extent that they arise
and relate to periods from and after the date hereof. In addition, Grantee shall and does hereby
indemnify Grantor from, and save and hold Grantor harmless from, any and all liability, loss or
damages which may or might be incurred under any of the Contracts or Permits to the extent that
they arise and relate to periods from and after the date hereof.
EXECUTED as of the dates of the acknowledgements set forth below, to be EFFECTIVE
for all purposes as of the Effective Date first set forth above.
GRANTOR:
Address of Grantee:
P.O. Box 1930
Greeley, Colorado 80632
Edward E. Hartline
Secretary
4
Michael Euge nevi
GRANTEE:
Cervi Enterprises, Inc.
By:
Michael Eugene e
President
1111111 illll IIIII Yilll ICI NIII IIIIIu III Illll IIII IIII
3290313 05131/2005 01:11P Weld County, CO
5 of 8 R 41.00 D 0.00 Steve Moreno Clerk & Recorder
THE STATE OF COLORADO
COUNTY OF Wad
§
This instrument was acknowledged before me on theZ day of
2005 by Michael Eugene Cervi.
�y451y ',,11.11ii 14
" •
�, ▪ •
d ++13L\ r
-.'644,30015,„F▪ ' -q COLORADO
OF Ge °titi,.
COU4"ItlY��OF Wdd
6
Notary Public in and for
The State ofCOA, ORA.DO
31,15-105
This instrument was acknowledged before me on theaA day of 1Lpt.d
2005 by Michael Eugene Cervi, President of Cervi Enterprises, Inc., a Colorado corporation.
After recording, return to:
Mr. Edward E. Hartline
Brown McCarron, LLP
1111 Bagby, Suite 4700
Houston, Texas 77002
HOU:327295,1
1.812
L11/4 p 8,taLz,
Notary Public in and for
The State ofCOLDRADO
S
5
I11111111111VIII111111111ILIIIIIIIIlIlIII1111Eliii1111
313 05/31/2005 01:11P Welt! County, CO
6 of 8 R 41.00 0 0.00 Steve Moreno Clerk & Recorder
Attached to conveyance from
Michael Eugene Cervi
To
Cervi Enterprises, Inc.
Legal Description
(Weld County, Colorado)
IN TOWNSHIP 10 NORTH, RANGE 56 WEST OF THE 6TH P.M.:
Exhibit A
Section 11: N112
Section 15: S 112SW 114; SW1/4NW1/4
1/4
Section 21: N1/2NW1/4
Section 22: N1/2;N1/2SW1/4
Section 27: 51/2
EXCEPTING THEREFROM a parcel of land conveyed to The Department of Highways, State
of Colorado, by Deed recorded May 20, 1963 in Book 1647 at Page 155, being more
particularly described as follows: A triangular tract of land located in the southeast corner of
said Section 27, the Southerly and Easterly boundaries of said tract coincide with the existing
Northerly and Westerly County road right of way limits, and said triangular tract measures 30
feet along each of the above described boundaries. Said County road right of way limits to
coincide with existing right of way lines or fences.
ALSO EXCEPTING THEREFROM a parcel of land conveyed to United States of America, by
Deed recorded July 17, 1963 in Book 1653, at Page 65, being more particularly described as
follows: A tract of land situated in the NE1/4 SE1/4 of said Section 27, as follows:
COMMENCING at the East quarter corner of said Section 27; thence South 32'18'12" West
for a distance of 337.34 feet to the POINT OF BEGINNING of said tract of land to be
described; thence South for a distance of 340.00 feet; thence west for a distance of 220.00 feet;
thence North for a distance of 340 feet; thence East for a distance of 220.00 feet to the POINT
OF BEGINNING.
Section 28: N1/2; SE1/4; E1/2SW1/4
Section 33: N1/2NE1/4; SE1/4NE1/4
IN TOWNSHIP 3 NORTH, RANGE 63 WEST OF THE 6TH P.M.:
Section 1: All
Section 3: All
Section 4: All
Section 9: All
Section 10: All
Section 11: All
Section 12: NWl/4; N1/2S1/2
Page 1 of 2
I 111111 11111 11111 111111 liii III l IIIIIF III III 11111111
3290313 55/31/2,005 01:1113 Weld Cooly, CO
7 of 8 R 41.00 f) 0.00 Steve Moreno Clerk & Recorder
Section 1.3: All
Section 14: NW1/4
1 /4
Section 15: All
Section 21: All
Section 22: E1/2SW1/4; W1/2SE1/4
Section 23: All
Section 24; SW1/4; N1/2NW1/4NE1/4; N1/2S1/2NW1/4NE1/4; E1/2SW1/4NE1/4;
SW1/4SW1/4NE1/4; S1/2N1/2SE1/4; NW1/4NW1/4SE1/4; Si 2NE1I4NW1/4SE1/4;
NE1/4NE1/4SE1/4; N1/2NWI/4NE1/4SE1/4; SE1/4SE1/4; N1/2SW1/4SE1/4,
S1/2S1/2SW1/4SE1/4;N1/2NE1/4NW1/4SE1/4; N1/2SW1/4SW1/4SE114.
Section 25: All
Section 26: N1/2; SE1/4
Section 27: All
Section 33: E1/2
Section 34: All
Section 35: All
IN TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M.:
Section 13: That part of Section described as follows: Beginning at the Southeast corner of said
Section; thence North along the East line of said Section, 3777.7 feet to a point on the South
line of what is known as "The Lincoln Highway"; thence along said highway right of way line,
as follows: North 85°50 W, 197 feet; South 64°51' W, 506 feet; and North 84° W, 324 feet:
thence South, parallel with the East line of said Section, 3593.8 feet to a point on the South
line thereof; thence South 89°E, along said South line, 976 feet to the point of beginning.
Section 21: All
Section 22: All
Section 23; All
Section 24: All
Section 25: All
Section 26: All
Section 27: All
Section 28: All
Section 33; All
Section 34: All
Section 35: All
IN TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M.:
All those portions of Sections 10, 11, 13, 14, and 15, lying South of the right of way for State
Highway 34., EXCEPTING THEREFROM the East 976 feet of said Section 13.
Page 2 of 2
I IIII!l IIIII t III IiIff I VIII IIIII 1111!1 ill 1!111 1111 VIII
3290313 05/31/2005 01:11P Weld County, CO
8 el 8 FI 41.00 0 0.00 Steve Moreno Clerk $ Recorder
Exhibit B
Legal Description - Homestead Tract
The SWI/4 SW1/4 SW1/4 of Section 29, the SW1/4 SEI/4 SEI/4 of Section 30, the NE1/4
NE1/4 NE1/4 of Section 31 and the NW1/4 NW1/4 NW1/4 of Section 32, all in Township 3
North, Range 62 West, Weld County, Colorado_
11111111111111111111111111111111111111 Ill 1111111111111
3297977 06127/2005 03:15P Weld County, CO
1 of S R 41.00 D 0.00 Steve Moreno Clerk & Recorder
WARRANTY DEED, ASSIGNMENT OF LEASES,
BILL OF SALE AND ASSIGNMENT
(Blanket Conveyance - All Property in Weld County)
(Confirmation of Prior Conveyance)
STATE OF COLORADO §
KNOW ALL MEN BY THESE PRESENTS, THAT:
COUNTY OF WELD §
This Warranty Deed, Assignment of Leases and Bill of Sale ("Agreement") is entered into
effective as of May 1, 2004 (the "Effective Date") by MIKE CERVI ("Grantor") and CERVI
ENTERPRISES, INC., a Colorado corporation ("Grantee"). Pursuant to that certain Warranty
Deed, Assignment of Leases, Bill of Sale and Assignment dated May 1, 2005 and recorded in
Weld County, Colorado under Reception No. 3290313 (the "Original Deed"), the property
conveyed hereby was conveyed by Grantor to Grantee. However, title to such property was held
in the name "Mike Cervi" rather than "Michael Eugene Cervi," as Grantor was listed in the
Original Deed. Grantor is executing this Agreement to confirm the conveyance made by the
Original Deed.
On or about the date hereof, Grantor has executed a Warranty Deed, Assignment of Leases
and Bill of Sale in favor of Grantee, conveying to Grantee certain specifically described real and
personal property and leases in Weld County, Colorado (the "Roggen Ranch Deed"), which deed
has also been executed in confirmation of a prior conveyance of such property which also listed
Grantor as "Michael Eugene Cervi." Within the Roggen Ranch Deed, Grantor reserved a
specifically described tract or parcel of land, a description of which is set forth on Exhibit B
attached hereto (the "Homestead Tract"), and certain easements for the benefit of the Homestead
Tract. It is the intent of Grantor and Grantee that this Agreement transfer and convey to Grantee
all remaining land in Weld County, Colorado that is owned by Grantor, other than the real
property covered by the Roggen Ranch Deed, the Homestead Tract, and the easements benefiting
the Homestead Tract.
Warranty Deed
Grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00)
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged by Grantor, has GRANTED, BARGAINED, CONTRIBUTED and CONVEYED
and by these presents does GRANT, BARGAIN, CONTRIBUTE and CONVEY unto Grantee,
and Grantee's successors, legal representatives and assigns, the following described tracts or
parcels of land, together with all fixtures and improvements located thereon (the "Subject
Property"):
(a) BEING the real property more particularly described on Exhibit A attached
hereto (the "Land"), together with all right, title and interest of Grantor in
and to (i) all streets, roads, alleys, easements, rights -of -way, licenses,
rights of ingress and egress, vehicle parking rights and public places,
existing or proposed, abutting, adjacent, used in connection with or
pertaining to the Land or the improvements located thereon, (ii) any strips
1111(111111111 I It 1111111 I1 iI 'Hill 1111111111111 liii II I
3297977 06/27/2005 03:15P Weld County, CO
2 of R 41.00 l] 0.00 Sieve Moreno Clerk & Recorder
or gores of land between the Land and abutting or adjacent properties, and
(iii) all water and water rights, timber and crops pertaining to the Land;
(b) All of Grantor's right, title and interest in and to any and all oil, gas and
other minerals and mineral interests pertaining to the Land, and all of
Grantor's right, title and interest in and to any other oil, gas and other
minerals and mineral interests located in Weld County, Colorado; and
(c) Subject to the reservations set forth herein and in the Roggen Ranch Deed,
all of Grantor's right, title and interest in and to any other real property in
Weld County, Colorado in which Grantor may own an interest, whether or
not such real property is described on Exhibit A attached hereto.
SAVE AND EXCEPT, and there is hereby expressly reserved unto Grantor and excepted from
this conveyance, that certain tract or parcel of land more particularly described on Exhibit B
attached hereto (the "Homestead Tract"), together with all fixtures an improvements located
thereon, and all easements previously or contemporaneously reserved by Grantor in connection
therewith.
This conveyance is made and accepted expressly subject to (i) liens securing payment of ad
valorem taxes for the year 2005 and subsequent years, and subsequent assessments for prior years
due to change in land usage or ownership, and (ii) all restrictions, easements, rights -of -way, all
prior conveyances and reservations of oil, gas and other mineral interests and royalty interests, all
oil, gas and other mineral leases, maintenance and assessment charges and liens securing same,
building set back lines, zoning laws and ordinances of governmental authorities, and all covenants
and agreements, if any, of record in the Real Property Records (Office of the County Clerk and
Recorder) of Weld County, Colorado to the extent that such matters are presently valid, subsisting
and affect the Subject Property. Ad valorem taxes on the Subject Property for the year 2005 have
been prorated between the parties and payment of such taxes is assumed by Grantee.
TO HAVE AND TO HOLD the Subject Property, together with all and singular the rights
and appurtenances thereto and in anywise belonging, unto the Grantee and Grantee's successors,
legal representatives and assigns forever; and Grantor does by these presents bind Grantor and
Grantor's heirs and personal representatives to WARRANT and FOREVER DEFEND, all and
singular, the Subject Property unto Grantee and Grantee's successors, legal representatives and
assigns against every person whomsoever lawfully claiming or to claim the same or any part
thereof, by, through or under Grantor, but not otherwise .
Assignment and Assumption of Leases
Grantor, for the same consideration provided for above, has ASSIGNED,
TRANSFERRED and CONVEYED and by these presents does ASSIGN, TRANSFER and
CONVEY unto Grantee, and Grantee's successors, legal representatives and assigns, all of
Grantor's right, title and interest as Tenant in and to any and all leases covering land in Weld
County, Colorado (the "Leases"). This assignment includes all of Grantor's interest as tenant in
and to the Leases and the leasehold estates created thereby, and all of the rights, benefits and
privileges of the tenant thereunder, including without limitation an amount equal to all security
deposits and prepaid rentals made under the Leases and not forfeited, but subject to all terms,
conditions, reservations and limitations set forth in each of the Leases.
-2-
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TO HAVE AND TO HOLD the Leases, together with ail and singular, the rights and
appurtenances thereto and in anywise belonging, unto the Grantee, its successors and assigns
forever, and Grantor does hereby bind itself, and its successors and legal representatives to
WARRANT and FOREVER DEFEND, all and singular, the Leases unto Grantee, its successors
and assigns, against every person whomsoever lawfully claiming or to claim the same or any part
thereof, by, through, or under Grantor, but not otherwise.
Grantee hereby accepts, assumes and agrees to be bound by and to perform, observe,
comply with and fully discharge all of the terms, conditions, provisions, duties, covenants,
agreements and obligations set forth in the Leases that are binding upon or are to be performed,
observed and complied with and discharged by Grantor on or after the Effective Date of this
Agreement. Grantee covenants and agrees to INDEMNIFY, DEFEND and HOLD Grantor
HARMLESS from and against any and all losses, liabilities, claims or causes of action existing in
favor of or asserted by the Landlord under the Leases arising out of or relating to acts or
omissions occurring from and after the date hereof that arise from or are related to the Leases or
the obligations of the Tenant thereunder.
Bill of Sale and Assignment
Grantor, for the consideration described above, has ASSIGNED, BARGAINED,
CONTRIBUTED and DELIVERED, and by these presents does ASSIGN, BARGAIN,
CONTRIBUTE and DELIVER unto the said Grantee the following described tangible and
intangible personal property, licenses and contract rights (collectively, the "Personally"):
(a) All crops and all cattle and other livestock of any kind located on the
Subject Property or the Lease Property;
(b) All inventory, including all goods, merchandise, raw materials, supplies
and other tangible personal property located on the Subject Property or the
Lease Property;
(c) All accounts, accounts receivable, contract receivables, contract rights,
notes, drafts, acceptances, instruments, chattel paper and general
intangibles, and all guarantees and suretyship agreements relating thereto
and all security for payment thereof, relating to Grantor's business
conducted from or in any way arising from or related to the Subject
Property or the Lease Property;
(d) All equipment, furniture, furnishings, machinery, tractors, trailers, farm
implements, fences and other tangible personal property and fixtures of any
kind located on, attached to or used in connection with the ownership,
maintenance, or operation of the Subject Property or the Lease Property;
(e) All licenses, permits, authorizations, consents, variances, waivers,
approvals, occupancy certificates and the like, from any Federal, state,
county, municipal or other governmental or quasi -governmental body,
agency, department, board, commission, bureau or other entity or
instrumentality affecting the use or operation of the Subject Property or the
Lease Property, but only to the extent that Grantor's interest in the same
3
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3297977 0612712005 03:15P Weld County, CO
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(t)
(g)
are or may be transferable or assignable by Grantor (collectively, the
"Permits"), including, without limitation, water well permits.
All (i) contracts or agreements, such as maintenance, service, or utility
contracts related to the Subject Property or the Lease Property (collectively,
the "Contracts"), (ii) warranties, guaranties, indemnities, and claims
relating to the Subject Property or the Lease Property, (iii) insurance
contracts or policies relating to the Subject Property or the Lease Property,
and (iv) other property (real, personal, or mixed), owned or held by
Grantor that relates, in any way, to the design, construction, ownership,
use, leasing, maintenance, service, or operation of the Subject Property or
the Lease Property.
All benefits payable or otherwise afforded by any state or Federal crop,
dairy or other commodity program (including, without limitation, all
payment rights, subsidy payments, insurance, price support payments,
entitlements and other rights and benefits) related to the Subject Property,
the Lease Property or the activities conducted thereon, or the other
Personalty described above (including, without limitation, all programs
administered by the U.S. Department of Agriculture and the Farm Credit
Administration) .
TO HAVE AND TO HOLD the Personalty unto the Grantee, its successors and assigns
forever. Grantor warrants and agrees to defend title to the Personalty unto the Grantee, its
successors and assigns, against every person whomsoever lawfully claiming or to claim the same,
or any part thereof.
Grantee hereby accepts, assumes and agrees to be bound by and to perform, observe,
comply with and fully discharge all of the terms, conditions, provisions, duties, covenants,
agreements and obligations set forth in the Contracts and Permits that are binding upon or are to
be performed, observed and complied with and discharged by Grantor, to the extent that they arise
and relate to periods from and after the date hereof. In addition, Grantee shall and does hereby
indemnify Grantor from, and save and hold Grantor harmless from, any and all liability, loss or
damages which may or might be incurred under any of the Contracts or Permits to the extent that
they arise and relate to periods from and after the date hereof.
EXECUTED as of the dates of the acknowledgements set forth below, to be EFFECTIVE
for all purposes as of the Effective Date first set forth above.
Address of Grantee:
P.O. Box 1930
Greeley, Colorado 80632
4
GRANTOR:
I 1111! liJil ItI 11111111111 11111 VIII III VIII!III 1111
3297gi7 06/27/2085 03:15P Weld County, CO
5 or B R 41.00 D 0.00 Steve Moreno Clerk & Recorder GRANTEE:
Attest:
Edward E. HartIine
Secretary
THE STATE OF COLORADO §
COUNTY OF LJc c
Cervi Enterprises, Inc.
By: S
Mike Cervi
President
This instrument was acknowledged before me on then day of \ ) { A ,gyp
2005 by Mike Cervi.
THE STATE OF COLORADO
COUNTY OF0g, I d
Notary Public in + for
The State of C a L E R A D
This instrument was acknowledged before me on the day of
2005 by Mike Cervi, President of Cervi Enterprises, Inc., a Colorado co
After recording, return to:
Mr. Edward E. Hartline
Brown McCarroll, LLP
1111 Bagby, Suite 4700
Houston, Texas 77002
HOU:331169.1
1.812
otary Public in an or
The StateofCOL RADO
5
I IIIII11111111111111111111II111111 1111111111111LI IIII
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Attached to conveyance from
Michael Eugene Cervi
To
Cervi Enterprises, Inc.
Legal Deseriniion
(Weld County, Colorado)
IN TOWNSHIP 10 NORTH, RANGE 56 WEST OF THE 6TH P.M.:
Exhibit A
Section 11: N1/2
Section 15: S1/2SWI/4; SW1/4NW1/4
I/4
Section 21: NI/2NW 1/4
Section 22: N1/2;N1/2SW1/4
Section 27: S1/2
EXCEPTING THEREFROM a parcel of land conveyed to The Department of Highways, State
of Colorado, by Deed recorded May 20, 1963 in Book 1647 at Page 155, being more
particularly described as follows: A triangular tract of land located in the southeast corner of
said Section 27, the Southerly and Easterly boundaries of said tract coincide with the existing
Noriherly and Westerly County road right of way limits, and said triangular tract measures 30
feet along each of the above described boundaries. Said County road right of way limits to
coincide with existing right of way lines or fences.
ALSO EXCEPTING THEREFROM a parcel of land conveyed to United States of America, by
Deed recorded July 17, 1963 in Book 1653, at Page 65, being niore particularly described as
follows: A tract of land situated in the NE1/4 SE1/4 of said Section 27, as follows:
COMMENCING at the East quarter corner of said Section 27; thence South 32°18'12" West
for a distance of 337.34 feet to the POINT OF BEGINNING of said tract of land to be
described; thence South for a distance of 340.00 feet; thence west for a distance of 220.00 feet;
thence North for a distance of 340 feet; thence East for a distance of 220.00 feet to the POINT
OF BEGINNING.
Section 28: N1/2; SE1/4; E1/2SW1/4
Section 33: N l /2NEI /4; SE 1 /4NE 1 f4
IN TOWNSHIP 3 NORTH, RANGE 63 WEST OF THE 6TH P.M.:
Section 1: All
Section 3: All
Section 4: All
Section 9: All
Section 10: All
Section 11: All
Section 12: NW1/4; N1/2S1/2
Page 1 of 2
11011111111111111111111 [11111111
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Section 13: All
Section 14: NW1/4
Section 15: All
Section 21: All
Section 22: E1/2SW1/4; W1/2SE1/4
Section 23: All
Section 24: SW1/4; N1/2NW1/4NE1/4; NI/281/2NW1/4NE1/4; E1/2SW1/4NE1/4;
SW1/4SW1/4NE1/4; S1/2N1/2SE1/4; NW1/4NW1/4SE1/4; Sl/2NE1/4NW1/4SE1/4;
NEl/4NE1/4SE1/4; N1/2NW1/4NE1/4SE1/4; SE1/4SE1/4; N1/25W1/4SE1/4;
S1/2S1/2SW1/4SE1/4;N1/2NE1/4NW1/4SE1/4; N1/2SW1/4SW1/4SE1/4.
Section 25: All
Section 26: N1/2; SEI/4
Section 27: All
Section 33: E1/2
Section 34: All
Section 35: All
IN TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M.:
Section 13: That part of Section described as follows: Beginning at the Southeast corner of said
Section; thence North along the East line of said Section, 3777.7 feet to a point on the South
line of what is known as "The Lincoln Highway"; thence along said highway right of way line,
as follows: North 85°5a W, 197 feet; South 64°51' W, 506 feet; and North 84° W, 324 feet;
thence South, parallel with the East line of said Section, 3593.8 feet to a point on the South
line thereof; thence South 89°E, along said South line, 976 feet to the point of beginning.
Section 21: All
Section 22: All
Section 23: All
Section 24: All
Section 25: All
Section 26: All
Section 27: All
Section 28: All
Section 33: All
Section 34: All
Section 35: All
IN TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M.:
All those portions of Sections 10, 11, 13, 14, and 15, lying South of the right of way for State
Highway 34., EXCEPTING THEREFROM the East 976 feet of said Section 13.
Page 2 of 2
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3297977 0512712005 03:15P Weld County, Co
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Legal Description - Homestead Tract
Exhibit B
The SWI/4 SWI/4 SW1/4 of Section 29, the SW1/4 SE1/4 SE1/4 of Section 30, the NE1/4
NE1/4 NE1/4 of Section 31 and the NW1/4 NW1/4 NW1/4 of Section 32, all in Township 3
North, Range 62 West, Weld County, Colorado.
H
TCHeritage
Title Company
Making Tranaagians 14rwnal
Commonwealths
TI 11 £ DEPARTMENT - DELIVERY TRANSMITTAL
7251 West 20th Street, Building L, Suite 100
Greeley, CO 80634
(970) 330-4522 Fax: (866) 828-0844
DATE: August 20, 2019
FILE NUMBER: H0573454
GUARANTEE NUMBER: CO-FFAH-IMP-81COG6-1-19-H0573454
PROPERTY ADDRESS: none shown, Weld County, CO
YOUR REFERENCE NUMBER: 121715000005
TO: Occidental Petroleum Corporation
1099 18th St.
Suite 1800
Denver, CO 80202
® If checked, supporting documentation enclosed
ATTN: Sam Samet
PHONE: (720) 929-3317
MOBILE: (307) 660-5553
FAX: (000) 000-0000
E-MAIL: Sam Samet@oxy.com
DELIVERY: Email
NO. OF COPIES: 1
END OF TRANSMITTAL
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND
STIPULATIONS OF THIS GUARANTEE.
Guarantee No.: CO-FFA11-IMP-81COG6-1-19-110573454
Commonwealth Land Title Insurance Company
a Florida corporation, herein called the Company
GUARANTEES
Occidental Petroleum Corporation
The Assured named in Schedule A against actual monetary loss or damage not exceeding the liability stated in Schedule A,
which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A.
Commonwealth Land Title Insurance Company
Countersigned:
By:
Authorized Officer or Agent
ey
Attest
Randy OW* President
81COG6 Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6/6/92)
OrderNo.: 110513454-820-GRO Guaraot No.:CO-FrtILIMP-IC:OG6-1-19410573454
NOTICE CONCERNING FRAUDULENT INSURANCE ACTS
(This Notice is Permanently Affixed Hereto)
It is unlawful to knowingly provide false, incomplete, or misleading facts or
information to an insurance company for the purpose of defrauding or attempting to
defraud the company. Penalties may include imprisonment, fines, denial of insurance,
and civil damages. Any insurance company or agent of an insurance company who
knowingly provides false, incomplete, or misleading facts or information to a
policyholder or claimant for the purpose of defrauding or attempting to defraud the
policyholder or claimant with regard to a settlement or award payable from insurance
proceeds shall be reported to the Colorado Division of Insurance within the
department of regulatory agencies.
C. R. S. A. § 10-1-128 (6)(a).
81COG6 Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6/6/92)
Order No. H0573454-820-GRO Guarantee No.CO-FFAI-i-IMP-S1COG6-1-19-H0573454
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
1. Except to the extent that specific assurances 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.
(o) (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 assurances 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 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 cl:tints 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 validity or potential invalidity of any
judicial or non judicial proceeding which is within the scope and purpose of the assurances provided.
The identity of any party shown or referred to in Schedule A.
The validity, legal effect or priority of any matter shown or referred to in this Guarantee.
(c)
(d)
GUARANTEE CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS.
The following terms when used in the Guarmtecmean:
(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, and
inlprovconints noise therein tvhiclr by law coil litutc real property. The tens
"land" does not include any property beyond the lines of the area described or
referred to in Schedule A, 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) "dale": the cffcclive slate shown in Schedule A
2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED CLAIMANT.
An Assured shall notify the Company promptly in writing in ease
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 tennin ale with regard to the matter or matters for
which prompt notice is required: provided, however, that failure to notify the
Company shall in no case prejudice the nglus 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 I)IPTY TO DEFEND OR PROSECUTE.
The Company shall have no duty to defend or prosecute any action or
proceeding, to which the Assured is a patty, notwithstanding the nature of any
allegation in such action or proceeds ng.
4- COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS;
DUTY' OF ASSURED CLAIMANT TO COOPERATE.
Even though the Company has nu duty to defend or plosccutc us set forth
in Paragraph 3 above:
(a) The Company shall have the right, at its sole option and cost, to
inalitute and prosecute any action or proceeding, interpose adefcnse, as limited
in (b), 4r to do any other act 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, teltciser Cr lout 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
81 COG6
Assured in the defense of those causes of action which allege matters not
covered by this Guarantee.
(e) 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 airy ieiicn or proceeding. securing evidence, obtaining
witnesses, prosecuting or defending the notion or lawful act which in the
opinion of the Company may be necessary or desirable to establish the title to
the Assured- if the Company is prejudiced by the failure of the Assure to
furnish the required cooperation, the Company's obligations to the Assured
under the Guarantee shall terminate.
5. PROOF OF LOSS OR DAMAGR,.
In addition to and after the notices required under Section 2 of these
Conditions and Stipulaticns have been provided to the Company, a proof of
loss or damage signed and sworn to by the Assured shall be famished to the
Company within ninety (90) days after the Assured shall ascertain the facts
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 prejudice by the failure of the
Assured in provide due required proof of Joss or damage, the Company's
aids eniion to inch assured under the Guarantee shall terminate. In addition, the
Assured may reasonably he required to submit lo 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 Dale of Gtairuntee, 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 or 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 ?issurtd to submit for examination under oath, produce. other iasonably
requested information or 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.
Chain of Title Guarantee
CI.'rA Gtturantc Fono No. 6 (Revised 1116192)
Order No.: H0573454-820-GRO
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
liutrantee 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, oshrr ILLIn Io luakc the payment requited in. that
paragraph, shall terminate, including any obligation to coluhwe 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 or 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
]'uragtaph (h) the Company's obligation to the Assured under this (tuarantee
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 at'aiaiiued ar incurred by the A51sur, I elainirnt who has su[J Ted lust or
damage by reason of reliance upon the assurances set forth[ in this Guarantee
and only to the extent herein described, and sub,)ect ti. tlue Exelusious E-mlu
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 or these
Conditions and Stipulations, al tIic time the loss or damage assurecl ugaitsl by
this GIiamntee occurs, together with interest thereon; or
(c) the di 'Terence between the value of the estate or interest covered
hereby as slated herein and the value of the estate or interest subject to an
skiect, lien or encumbrance assured against by this Guarantee,
8. L Ial ITATION 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, ineludvrg 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.
Guarantee No.: CO-FFAH-IMP- 1COG6-1-19-H0573454
(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 ease 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
lrnaranter. ail right ofslthrogahvn nh:rll ce-sl in the Company unathcled by any
act of the Assure claimant.
The Company shall be subrogated to and be entitled to all rights and
ren Yedles which the .\ssuied would have had against any person or propclty 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 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 full cover the loss of the
Asstimd ll:e Company shall be subrugawd au all rights and rentedics 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 of 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 al lire upturn of either the Company or the Assured.
All arbitrable matters when the amount of liability is in excess of $1,000,000
shall be arbitrable 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 to a prevailing party. Judgment upon the
award rendered by the Arbitrators) may be entered in any court having
jurisdiction thereof.
The law of the sitrrs 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. LLAIIILIT5' LIMITED TO TIIIS G1'ARANTEE, 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 sir alraehcd hereto srvIcd by either the
President, a Vice President, the Secretary, an 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:
CON IMLONWEALTTI LAND TITLE INSURANCE COMPANY
Claims Department
Post Office Box 45023
Jacksonville, FL 32232-5023
81 COG6
Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6/6/92)
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