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Home My WebLink About20203787.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING FOUR-LOT RECORDED EXEMPTION, RECX19-0165 - PERKINS LAND AND LIVESTOCK IV, LLC, C/O P. DAVID PERKINS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the request for Four-Lot Recorded Exemption, RECX19-0165, was submitted by Perkins Land and Livestock IV, LLC, do P. David Perkins, 1514 Main Street, Unionville, Missouri 63565, for property which is located on the following described real estate, to-wit: Lot C of Recorded Exemption, RE-3558; being part of the SE1/4 of Section 30, Township 1 North, Range 63 West of the 6th P.M., Weld County, Colorado WHEREAS, this request is to divide the property into four lot parcels, sizes estimated to be approximately as follows: one 133-acre lot, two 3-acre lots, and one 5-acre lot. WHEREAS, after reviewing Department of Planning Services concerns and hearing the testimony presented, the Board determined that said request shall be denied for the following reason: 1. It is the opinion of the Board of County Commissioners that this proposal does not comply with Section 24-8-20 of the Weld County Code, as it would use the exemption process to create a new, linear subdivision, which is an evasion of normal subdivision requirements. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request for Recorded Exemption, Perkins Land and Livestock IV, LLC, do P. David Perkins, be, and hereby is, denied. Ct,','PUm l)) p cc ,ptc pu R�,P titI2ov 2020-3787 RECX19-0165 DENY RECX19-0165 - PERKINS LAND AND LIVESTOCK IV, LLC, C/O P. DAVID PERKINS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of December, A.D., 2020. BOARD OF COUNTY COMMISSIONERS XL:Ok WELD COUNTY, COLORADO ATTEST: ,„ ,u►) .:� L:0k Mike Freeman, Chair Weld County Clerk to the Board • Stev- Moreno, Pro-Tem BY: Deputy Clerk to the Board cdtt K. James APP' DAS • �; �1�. ..! ,[(-- % � arbara Kirkme - aunty ttor ey X_ 11�� Kevin D. Ross Date of signature: 3 •. I/ 2020-3787 RECX19-0165 1 PAGE OF DOCUMENT INCLUDED IN PAPER FILE. REMAINDER RETAINED ) ' -r ELECTRONICALLY IN TYLER. DEPARTMENT OF PLANNING SERVICES GpU.NTY - RECORDED EXEMPTION ADMINISTRATIVE REVIEW PLANNER: Maxwell Nader HEARING DATE: December 16, 2020 CASE NUMBER: RECX19-0165 APPLICANT: Perkins Land & Livestock IV LLC 1514 Main Street Unionville, MO 63565 REPRESENTATIVE: Colorado Tenderfoot Properties II Inc. do Christine Curl PO Box 499 Keenesburg, CO 80643 REQUEST: Four-Lot Recorded Exemption LEGAL DESCRIPTION: Lot C of Recorded Exemption RE-3558; being a part of the SE4 of Section 30, T1 N, R63W of the 6th P.M., Weld County, CO PARCEL NUMBER: 1477-30-4-00-018 PARCEL SIZE: Total +/- 144 acres ZONE DISTRICT: A (Agricultural) Proposed Lot A +/- 3.0 acres Proposed Lot B +/- 3.0 acres Proposed Lot C +/-5.0 acres Proposed Lot D +/- 133 acres WATER SOURCE: Lot A: Proposed Well Lot C: Proposed Well Lot B: Proposed Well Lot D: Proposed Well SEWER SOURCE: Lot A: Proposed Septic Lot C: Proposed Septic Lot B: Proposed Septic Lot D: Proposed Septic Description: The applicant is requesting a four-lot recorded exemption on irrigated and high potential dry "cropland" Lot C of Recorded Exemption RE-3558 currently being used for active production agriculture including the growing of corn, millet and wheat. The applicant has requested two new accesses off of County Road 63. This is the second recorded exemption request on the property. The following timeline describes the history of the property: 04/14/2004: A Three (3) Lot Recorded Exemption (RE-3558) was approved by the Weld County Department of Planning Services, reception number 3170269. This case created the Lot C proposed to be split today. 12/31/2020: The subject 4-lot RE was submitted on December 31, 2019. The Department of Planning Services staff has reviewed this request and recommends that this request be Denied for the following reasons: Section 24-8-20 of the Weld County Code states: The Recorded Exemption is a land division process used to divide a lot into two(2), three(3)or four (4) separate lots. Examples of when a Recorded Exemption application may be submitted include creating a lot in the A (Agricultural) Zone District for a single-family residential building site, separating existing improvements from agricultural land, and creating a lot in a Commercial or RECX19-0165 Page 1 of 6 2020-3787 ID , « RScxi9 - 01 Industrial Zone District for existing or future development. A Recorded Exemption must not be for the purpose of evading the requirements and intent of this Chapter. While the applicant is creating four lots from one parent parcel for the purpose of single-family building sites, the lack of existing improvements and proposed layout imply that the exemption, if approved, will create a new, linear residential subdivision using a County Road as the neighborhood access road. Using the exemption process to create a subdivision evades normal subdivision requirements for health, safety and welfare. The unintended consequences associated with exemption development include but are not limited to access maintenance disputes, unclear and often inadequate water supply, potential inadequate fire protection and safety concerns from driveways accessing directly onto County roads. Furthermore, purchasers of exemption lots often do not understand the Right of Farm and the Right to Extract Mineral Resources granted in the A (Agricultural)Zone District and object to impacts of agricultural operations and oil and gas development and assume they have purchased a home in a rural residential neighborhood. Section 24-8-40.J of the Weld County Code states: The proposal is consistent with sound land use planning practices. The recorded exemption process was designed for slow, rural development and does not include the rigor and thorough evaluation necessary for higher density development. Section 24-8-40.K of the Weld County code states: The proposal is consistent with the Statement of Purpose as expressed in Section 24-1-30 of this Chapter. A. Assisting orderly and integrated development. B. Promoting the health, safety and general welfare of the residents of the County. C. Encouraging well planned subdivisions by establishing adequate standards for design and improvement. Circumventing a subdivision approval process diminishes opportunity to evaluate the neighborhood and establish adequate standards for design and improvement. The applicants were aware that this Recorded Exemption case would be recommended to the Board of County Commissioners for denial and choose to proceed with the request. A Zoning Permit for a Certain Uses in the A(Agricultural)Zone District(ZPAG) may be utilized to permit an additional dwelling unit on a property in the Agricultural Zone District. Should the Board of County Commissioners approve this request,the Department recommends the following conditions be attached: 1. Prior to recording the plat: A. The applicant shall attempt to address the requirements of Weld County School District RE-3J per Section 24-8-40.K.1 of the Weld County Code, as stated in the referral response dated January 14, 2020. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. B. Lots A, B and C shall comply with the two and one-half(2.5)acre net minimum lot size required by Section 24-8-40.L of the Weld County Code. Net acreage calculations should not include future road right-of-way. C. Lot A shall comply with the less than thirty-five (35)acre maximum lot size required by Section 24-8-10.B of the Weld County Code. Net acreage calculations should not include future road right-of-way. RECX19-0165 Page 2 of 6 D. Lot D shall comply with the one-hundred twenty (120) acre minimum lot size required by Section 24-8-20.C.3 of the Weld County Code. Net acreage calculations should not include future road right-of-way. 2. Items to be included on the plat: A. The plat shall be titled: Recorded Exemption No. 1477-30-4 RECX19-0165 B. County Road 63 is a gravel road and is designated on the Weld County Functional Classification Map(Code Ordinance 2017-01) as a local road, which requires 60 feet of right- of-way at full buildout. The applicant shall delineate and label on the plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. If the existing right-of-way cannot be verified it shall be dedicated. The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. C. Show and label the existing and proposed access point(s) and the usage types (Agricultural, Residential, Commercial/Industrial, and/or Oil and Gas). Public Works will review access locations as a part of the plat submittal. D. Show and label two (2) 30-ft. minimum access and utility easements to provide legal access to Lots A, B, C, and D on the plat. E. Setback radiuses for existing oil and gas tank batteries and wellheads shall be indicated on the plat per the setback requirements of 23-3-50.E of the Weld County Code. F. Show and label all recorded easements by book and page number or reception number and date. 3. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. * No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2018 International Building Code, shall be constructed within a 200 foot radius of any tank battery or within a 150 foot radius of any wellhead or within a 25-foot radius of any plugged or abandoned oil and gas well. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of this Chapter in accordance with Subsection 23-6-10.C of this Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A, Lot B and Lot C are not eligible for a future land exemption in accordance with Section 24-8-20.C.3 of the Weld County Code. 4) The largest lot of any recorded exemption may not be less than thirty-five (35) acres net unless approved by the Weld County Board of Commissioners in accordance with Section 24-8-40.P. of the Weld County Code. 5) The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. RECX19-0165 Page 3 of 6 6) Weld County will not replace overlapping easements located within existing right-of- way or pay to relocate existing utilities within the existing County right-of-way. 7) All access and utility easements are dedicated for the benefit of all owners of lots depicted on this plat, including owners of future lots created therefrom, regardless of lot configuration or number of users, and without limitation of the use or intensity of the use of such easements. No lot owner may install a gate or otherwise impede the use of such easements without the approval of all persons with rights of use of such easements. 8) Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. 9) Prior to the release of building permits, the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plat. 10) Any work that may occupy and or encroach upon any County rights-of-way or easement shall acquire an approved Right-of-Way Use Permit prior to commencement. 11) The historical flow patterns and runoff amounts will be maintained on the site. 12) Prior to the release of Building Permits, the applicant shall submit a recorded Deed describing the Lot upon which the Building Permit is requested with the Building Permit applications. The legal description on such Deed shall include the Lot designation and Recorded Exemption number. 13) Prior to the release of Building Permits on Lots A, B, C and D the applicant shall submit evidence to the Department of Planning Services the lot has an adequate water supply of sufficient quality, quantity and dependability. 14) Potential purchasers should be aware that Lots A, B and C may not be eligible for a domestic well permit which allows for outside irrigation and/or the watering of stock animals. The Colorado Division of Water Resources issues all well permits. 15) Potential purchasers should be aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. The Weld County Department of Public Health and Environment strongly encourages well users to test their drinking water prior to consumption and periodically thereafter. 16) Potential purchasers should be aware that approval of this Recorded Exemption does not guarantee that well permits will be issued for the lots. Any lot may be deemed non- buildable if the lot owner is unable to obtain a well permit. The Colorado Division of Water Resources issues all well permits. 17) Building Permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29- 1-20 and Section 29-3-20.B.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 18) Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County-Wide Road Impact Fee, the County Facility Fee and the Drainage Impact Fee Programs. 19) RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT:Weld County has some RECX19-0165 Page 4 of 6 of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the State's commercial mineral deposits are essential to the State's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 20) WELD COUNTY RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well-run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved"out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of State and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel RECX19-0165 Page 5 of 6 roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. 4. Additional Information. A. If residences or structures requiring water and sewer are constructed or used for the proposed lots, Weld County On-site Wastewater Treatment System (OWTS) Permits are required for septic systems and shall be installed according to the Weld County OWTS Regulations. B. The applicant has proposed a well as the source of adequate water for all lots. Property owners are advised that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. 5. The plat shall be prepared in accordance with the requirements of Section 24-8 60 of the Weld County Code. The applicant shall submit an electronic copy (PDF)of the plat for preliminary approval to the Department of Planning Services. Upon approval of the plat, the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services.The Mylar plat and additional requirements shall be recorded within sixty (60) days from the date the Resolution of the Weld County Board of Commissioners was signed. The applicant shall be responsible for paying the recording fee. 6. In accordance with Weld County Code Ordinance#2012-3, approved April 30, 2012, should the plat not be recorded within the required sixty (60) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each additional three (3) month period. 7. The applicant shall create and record deeds for all the newly created lots; deeds shall include the legal description of each lot and the reception of the recorded exemption. New deeds are required even if lots will remain under the same ownership. Failure to do so may create issues with the proper assessment of the lots by the Weld County Assessor's Department and may create a clouded chain of title. RECX19-0165 Page 6 of 6 • CASE NUMBER : RECX19 - 0165 o APPLICANT : PERKINS LAND & LIVESTOCK IV LLC o REPRESENTATIVE : COLORADO TENDERFOOT PROPERTIES II INC . C / O CHRISTINE CURL o PLANNER : MAXWELL NADER • REQUEST : FOUR ( 4 ) LOT RECORDED EXEMPTION • LEGAL DESCRIPTION : [01 C OF RECORDED EXEMPI iON RE - 3558 BEING A PART OFTIIESE4OFSECTION3O , T1N , R63WOF ! HE6IIIRM . , WELD COUNTY, CO O LOCATION : WESTOFANDADJACENI TO COUNTY ROAD 63 ; APPROXIN/ Al ELY 0 . 50 VILES SOUTH OF COUNTY ROAD 6 VICINITY ... . -, . :..111 . „. e. arriarisem q R;0- WeR 8 VI CR a gi NM MIN , Iio i III , r, co ce 1 4.;1 ■' r� E 1 TI Lii CC CC I {.} 41 cc II 0 e re \ __dr" \\I \ ).\\ 1� — ify ? irsA ) I I 'Npefi i IIME ition7 i col ,_. 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I: on,- nxwn d1 [';lilt iUri 111 1.15 PAT! fVF'•••'11'v. Y.r IW!11•C:dn h1 1:a .•:'5.1 y1 rr-rn•'• • L• UIJrrc1: Lah.'J aurr4,1ng. !e-'.1. J••• .I—as 6.I LADII I s-- -u cc's n u - .L. Cun.nrL* dl I I Ce.ks !J-:LJ 1. O 6:• d .crlh L1tie Id:.: fl. '. S- 'tied x::44- I4 V-m .- 1" 7 k : r l l:Rt ac Oil, AO 1 r.4s. 6'! .F:5' IIr rJa O.Y: wih :d:Oe-' t e-•6 D�bh1 M^•{re-} 9:d11n nand Le-.r :•Y d6 e..'. n .i•i: u1'w" --r .:I n9.rp-ft:. I II vu r.. p.:xx 1.au !nr Ide- Le 'x1:IS ad!i olb au h,u., 1.1.1.1_.r---•-- •___.r�. a� ..._—_ ___. • .. .• 5 ;. 1,z 6 'ff., a,''`5_n1 GP. .,e-1 R u:- (:1 F7.: ex-Jr.r '111Th E-5 H:. •o. ?= I Efl:• Fk:.�Cr :,4. INTERMILL LAND + 1 V 'Y ING1 i ti.d r.H:ck1 cV1 F BILL B--_-_i. 1er.n'dr d _NCnD'i�n N7. •_•55t� i 1 -�5-5'1151 r - l• - _.• I .._ -�..-� p'FR:YJFT• R . or; , .391 Ir:p�i '_FLT SAD A47.11- .1%V..A.5f., ZGI.:1=.'5L,L cT_r3•• 31t�. :$::J,�3G3-CvIL r r7,. viol-:,..may; + —_ it Y=^11.1.1.^S AI, - el .M1..d, M` 11 rAJ.C'1' : . • J LUrflr^'.r-a•-icie`I:•-n:.MS. The Department of Planning Services staff has reviewed this request and recommends that this request be Denied for the following reasons : 1 . Per Section 24 - 8 - 20 . A of the Weld County Code , a Recorded Exemption must not be for the purpose of evading the subdivision requirements and intent of Chapter 24 . This tract of land has been split by the recorded exemption process and this process appears to have been used to evade a subdivision process . The proposed additional lots will further contribute to the existing linear layout as this is the second multi lot recorded exemption on the original parcel . The Department of Planning Services staff has reviewed this request and recommends that this request be Denied for the following reasons : 2 . Per Section 24 - 8 - 40 . J , the proposal must be consistent with sound land use planning practices . The recorded exemption process was designed for slow, rural development and does not include the rigor and thorough evaluation necessary for higher density development . The Department of Planning Services staff has reviewed this request and recommends that this request be Denied for the following reasons : 3 . Per Section 24 -8 -40 . K , any recorded exemption shall adhere to the Statement of Purpose for subdivisions per Section 24 - 1 - 30 . In particular, promoting the health , safety and general welfare of the residents of the County. Circumventing a subdivision approval process diminishes the opportunity to evaluate the cumulative impact of proposed land division and does not properly review design and improvement standards which create unintended consequences : • Access maintenance disputes • Inadequate water supply • Inadequate fire protection and emergency services , • Safety concerns - driveways accessing onto County roads • Compatibility with existing & historical ag uses iQ4Ao. DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: mnader@weldgov.com ' PHONE: (970)400-400-3527 4_ G FAX: (970) 304-6498 January 06, 2020 CURL CHRISTINE PO BOX 499 KEENESBURG, CO 80643 Subject: RECX19-0165- FOUR LOT RECORDED EXEMPTION On parcel(s)of land described as: LOT C REC EXEMPT RE-3558, PART SE4 SECTION 30, T1 N, R63W OF THE 6TH P.M., WELD COUNTY, COLORADO. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. If you have any questions concerning this matter, please call. Respectfully, Maxwell Nader Planner _ RECORDED EXEMPTION (RECX) APPLICATION ~'�' �J DEPARTMENT OF PLANNING SERVICES' 1555 N. 177"AVENUE "GRI ELEY,CO 80831 kJ r� �' www,wglopv.cam 910-353-6100 EXT 3x44' FAX 970-304-6498 } ! FOR PLAN.NI G DATE RECEIVED ] J f s.. r� D�pARTIVJENT USE., �� v _ r `' AMOUNTS III CO -- _ CASE#ASSIGNED: X/�1 -[ J(C,c APPLICATION RECElV Y: '� — -�� PLANNER ASSIGNED: Pr11..x }y.- Y Parcel Number r !g 7 7 _ __ _.,t C. _ - j g (12 digit number-found on Tax I.D.information,obtainable at the Wetd County Assessor's map found at www.weldgov.com) Legal Description j.c 1 C� : i •.. 2 } y , Section_3c; Township i North. Range l West Has the property been divided from or had divided from it any property(ies) since August 30, 1972? YES NO Is the property located in a floodplain?YES NO ✓ Unknown Is the property located in a geohazard area? YES NO V Unknown FEE OWNER SLDF THE PROPERTY: , 1 k t ! Name: l`Y1 y. 1 rw i t--t tt D 1c_ 1 4' try 4,4 1� i V f/ -'.Q. i 1)J') 1/ f 1-) fI's kii!Ir i 69.1. /x1,is, Company; --- Phone 11: iv L L - L H - 7, -7`# A _ Email: i. f') R c.- c r�J1 r-r i r`-,_Ip t' Address : 1 cry j.„ - { City/State/Zip Code: L L.l., 4..±i f r 4((2.,_ C,, ' 5'" Fag OWN.E Lgont)or APP,ICANT: -.-____ Name: Company: �__. Phone#: _ Email _ Address : --- --.--- `l__ �__. City/State/Zip Code: — �,� - AUTHORIZEO AGENT', .., Name: ( 0,-1,1.-V-,,,i 4 IL'. J 1A , t_LL+`- Company: LC iz.i• � r� I _ -- . ,---.-�..— Phone#: 4: --- Email: i? taw! C'.4 krt,t tom-. 6;.__(1....$__....--f 7,-1- Address ,L?1 _ i{_`s.'-t - CityfStatelZip Code: c",r1I, 5' f.,,, f' .. c.__L_____` � -- -}-� —^ - �___� 'Autloeration Form muse accompany all applications toned by en Turhortz8 Agent m _ I Lot A - -- ... ,---- ----- -._ smallest lot Lot B Lot C {rot D Proposed Use (i.e.Ag or Res) ,s fi 7 J — - Proposed Acreage 3 3 - _� Fj" i t 3 _� __ _._. Address y1 ,. Il,. -t )..I —_ctI {We)request that the above described property be designated a Recorded Exemption by the Weld County Board of County Commissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals, andlor plans submitted with or contained within the application are true and correct to the best of my(our) knowledge_ Signaturesof all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the signatory has the legal authority to sign for the corporation, / Signatdavid e1'Sll]S.f]-anaaer 1 i!. . .„ ,.- ,) (�(.. _ , r - tr/I r1 ure: Owner or Authorized Agent Dale 10 t.(-( ''f-nature: Owner or Authorized Agent Cate 1 - tit.,=. r;,cr 1 Li. , i Pant:Owner or Authorized Agent Print: Owner or Authorized Agent if an Authorized Agernl signs,a letter of authorization from all fee owners must be included with the application. ii a corporation is the fee owner,notarized evidence must be included showing the signatory has to legal authority to sign for the corporation. Page6 ( 'rr!Uri 1(h I c'ticlr'1•fririf 1)]..G1ro-!<c+' 11. 111r'. ran - ��• r,, TO Nlhnrn II May Concern, !hereby authorize Christine A. Curt of Colorado Tenderfoot Properties if lo c. to act asr my agent in the recorded exemption process of my property located et _hd" L t= ; �' ] S� <:t �l r c fit" 'V`i &"'C'. �C, I 1 r4, !,_34.1�L Owner t pate L!4„iii'. t. 14', 4Lc Owner Date .Y(1 � '3" i� 'h' 1it. To Whom It May Concern, I hereby authorize Christine A. Curl of C,nhxb Test Properties II, Inc. to act as my agent in the recorded exemption process of my properly located at: �.t C. I tae. '� zw_# �� .tlrc 5 r 1a� p da)dd per1cirl ,manager 12-31,1 Owner it l -r,u Date Owner Date (-.'{)1 �r?�,:. Io i ?,tiler'/Ot)I Pr'ct�)c rite,) IL �,ie. I' X7(1}. J'.' fcllf7 .`ifrr3-f i (3i),;) To Whom It May COMEN77, I hereby authorize Christrrpe A. Curt of Colorado Terndlerfoot Properties N, inc. to act as my agent in the recorded exemption process of my property located at: ..r L L jam: - �t. ' 'At , � 't'. ?,C r 1�4 L� . Owner t7yezxliw s cn h �' Date 1.-P F'7_4. ru�,`LZ Owner Date RECORDED EXEMPTION (RECX) QUESTIONNAIRE ` ++++ Please type or print your responses to the following questions below and use a separate sheet of paper if needed. +++++ 1 Domestic/Potable water; Describe the water supply and provide evidence of sufficient quality, quantity and dependability for all lots, A letter from a water district, municipality, or a well permit is examples of evidence of domestic/potable water. If utilizing a drinking water well include either the well permit number and/or the well permit application that was submitted to the State. If sharing a well a shared well agreement is required. If on public water include a letter from the Water District, a tap or meter number, or a copy of the water bill. (Example - "Water will be provided by the '123 Water Company, a tap agreement has been purchased and a copy of the receipt is attached."or "Water will be provide by a well Well Permit#12345 is attached."or"Water bill from XYZ Water Company is attachecr.) Lot A Water Source ! 1-"v t..:-- , 1. L-( ( _.m _ _ ._— Lot B Water Source i -� JJ Lot C Water Source L t`r c13 L.3 c..c4 Lt-,e.kl Lot D Water Source #rytrlp c 5 c .l j.,_, , —T ' — 2. Irrigation water; State the type and quantity of irrigation water to the site or when irrigation water has been removed from the Site (Example - "Four (4) shares of ABC Ditch Company Water wilt remain with the site, a copy of the purchase agreement addressing this item is attached," or "The parcel was urchased with no water rights.")_ -- 9 LA Ct 4 ti CL k e i� ki�x— H--e. i,!_ V 1-i f� t� .4 y S,-�.# it IA. -t s 1-,�-e 3 Adequate means for the disposal of sewage: If utilizing an existing septic system provide the septic permit number. If there is not a permit due to the age of the existing system, apply for a septic permit/documentation through the Department of Public Health and Environment prior to submitting this application. If a new septic system will be installed please state that a new septic system is proposed. A copy of the septic permit or a letter from the sewage disposal facility must accompany the application (Example - "Sewer service will be provided by Anytown Sewer and a Commitment to Serve letter from Anytown is attached" or'A Septic system will be designed, constructed and permitted according to Weld County septic requirements," or "A copy of the existing Septic Permit #1236789 is included with the a lication.") Lot A sewage disposal ) L'•1 • s' {; )+ `. f_... —.-._ Lot B sewage disposal i'k i>�11,1 c c ( t tic_. -- — Lot C sewage disposal i L -,•• r c e -I _ Lot D sewage disposal Page 17 4. Describe how the property is being used. (Example - "The parcel has one House, one mobile home for the hired hand permitted under Mobile Home Permit#ZPMH-123, two barns,and one loafing shed. The north half is currently used for pasture for one-hundred head of cattle and ten horses. There is an oil and gas well head and tank battery in the northeastern corner. The south half of the property is flood irrigated and currently planted in alfalfa.") I` Ike, 7 c i v C t..` J =2 L-Li.Y Y L 'Y`: 'l�� i vt C{V /1.1, [x 1.� �1 c' IC:41 ( I I tti, 11,C 1' 4 L.Li e L L 7 t 11.f'�4 v >I L t—i , r �tr �et (c fit' ll.. i J)ll1i"L Iiit5 5. Describe the vehicular access ro the new and existing lots? (Example -- "Each lot will have individual driveways off of County Road 72"or"All lots will share the existing access point off of County Road 59"1 l alt t"x1 !'F♦ ; J.1 (1 rr P' ,cr, ( j, f:� � r .�y [¢ rl `lgli ii fL , ,l `_,c•"-'/ tot. f{'WiA(..4. 41x1 Yi< ' It !'_{ r'C i"i t Pte. p4i r1t4_'r Lt f f t.,, i- r .14 l r 3t [.ffA r !c:? 6. Describe the location, site, of the new lot(s), (Example - "The properly will be split into one five (5) acre lot and one 40 acre toll v (->e. a e',.Cre.' <7 �t � (1) t f € ''-_tL y� t } 7. Describe any unique physical characteristics on the site, if applicable such as rock outcroppings, hil#s, ditches. (Example-"The ABC ditch runs diagonally across the southeastern quarter of the property.") j I r. fu., t .f":-� �t 'i '{ d Gl 6i.�� Ct �',� 0497- L.( I.t t { ' , l.'1 [f 1 (q Ili 1' f. 8. Is there a business or Use by Special Review permit on the property? Y UNKNOWN If YES, will it be vacated or remain on the Recorded Exemption lags)? (Example - "USR12-1234 for my concrete business will be vacated as my son is moving the business and equipment to his property outside of Weld County.") l r . Page l8 WELD COUNTY C'^FTINs MhMrJNC *. d �4 1 1d 4� s.- ; d/E 9'! FF r 'II-fir Parcels y Highwa .; f , $ : s, .. Pi County Boundary 3 �'. c✓ f 't _ .. I I -� i i ;F V # ; III �� a r � � ",r( dY iL�ttl• (L Y n ,. t yr i s y� z" trig r.su — 3 c�'OFF ,:'' .r ,w �u ' 5 s' us „ '-'4 "- £ I '. xf .--"rs 1 6,634 0 Noes ll)1?l 0 55287 111Fy1 Feet TI, utrr„Ica me�m¢relcd sra:a w[yir-�i-si Li1J<mla el'F^"� ela.c.a,.,6LAla layrc,torn 1p�zi n'.rCs:^:ci,-,y oi, n�H�h^�rr.,aiN WIIS_l Keb_MEVWIcr}luxlhary_Spl I# .-.i ,ia:':Ir e,Weld County COloradu Tt1(5 MAP IS NOT TO BE USED FOR NAVIGATION Weld County Treasurer Statement of Taxes Due ANount Number R297221)4 Parcc 11477304000 I Legal Description E tru Add:css I'1 SF430-I-<3 1.(1.1 C RIi( }-:NI: 1I'T RF-7i+R 11.2011 Account: 82972204 PERKINS LAND& LIVESTOCK IV L.LC 1514 MAIN ST UNIONVILLE, MO 6:1165-1658 Year Tax Intue5l Feet Payments Salancc Tix Charge __ 201& 57.0.14 58 WOO $O0( 1S2.1144,i1i) _ $CO0 -rum C:har!c $11.00 Grand Total Ilue as of 12.31 2010 $0,00 Kati!!died al 2(11 K Ratc5 lOr Tati Area 2449-2440 Aut}wntrMill Lctiy mount 1'alue, Arlual Ass�,;ed 14`1:1.17 C:Ot'N[4 15.02,8011111) V:',7 0-1 AG-SPRINKI 11( 511-1.1(24 '6'33.300 SC1101)1 171ST RE 37 14.81401100 vim 74 IRRIGATI_I)I_.lND (TN'-MAI,COLORADO WAIIIIt �40000l Ali-FI.{ATI 50 501} 52.470 ICC W IRIZRI(IATl9)LAND 11)ST CR111?k OR(A 1N17WATf:k I I.C1; (.0430(1[}(1 533 817 [mat 5127,32_4 53$770 N.1: NFII)FIRI 1c.2009000 5107.13 AIMS ICNIC1k C01.1.LGL £,30011(11)) 5220 03 111011 PLAINS LIBRARY 3 2529000 SI I o 33 Talc.Rilltd 7011) 07 1001)110(1 $2 7134 53 ercdil I 1:4} ALL TM LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAKES BY THE I IENHOI fFR np In AllO PTI.CIntr_plan R ICTQA 1RMT1n1AQUARIT CCCC Weld County Treasurer's Office 1400 N 17th Avenue V,14. - PO Box 458 Greeley, CO 80632 Phone: 970-400-3290 Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due issued by the Weld County Treasurer are evidence that as of this date, all current and prior year taxes related to this parcel have been paid in full. Signed: co Date; 12 q OPERATING AGREEMENT OF PERKINS LAND & LIVESTOCK IV, LLC THIS OPERATING AGREEMENT OF PERKINS LAND&LIVESTOCK IV,LLC ("Operating Agreement") is made and entered into this 1191 clay of May, 2011, by and between Perkins Land&Livestock CV,LLC,a Colorado limited liability company,and P.David Perkins and Bernard A. Boehrner,hereinafter referred to as"Members FORMATION OF COMPANY 1.1 Articles of Organization. This Company is organized pursuant to the provisions of the Limited Liability Company Laws of the State of Colorado and pursuant to Articles of Organization filed with the Secretary of State on May 4, 2011. The rights and obligations of the Company and the Members shall be provided in the Articles of Organization and this Operating Agreement. 1.2 Conflict Between Articles of Organization and this Operating Agreement. If there is any conflict between the provisions of the Articles of Organization and this Operating Agreement,the terms of this Operating Agreement shall control. 1.3 General Purpose. The general purpose of the Company is to engage in any lawful business,subject to any provisions of law governing or regulating such business, 1.4 Duration. The duration of the Company shall be perpetual. II CAPITAL CONTRIBUTIONS 2.1 Contributions. The Capital Contributions to be made by the Members and with which the Company shall begin business are as follows: Member Name Percent of Ownership P, David Perkins 50% Bernard A. I3oehmer 50% 2.2 Additional Capital Contributions.In the event the cash funds of the Company are insufficient to meet its operating expenses or to finance new investments deemed appropriate to the scope and purpose of the Company as determined by the Manager and,if the Members vote to make additional contributions,the Members shall make additional Capital Contributions,in the proportion • • of their percentage of ownership at the lime of the required Member vote. The amount of the additional capital required by the Company and the period during which such additional capital shall he retained by the Company shall be determined by majority vote of the Members. 2.3 Loans. In lieu of voting an additional assessment of capital to meet operating expenses or to finance new investments,the Company may,as determined by the Manager,borrow money from the Manager, Members, or third persons. In the event that a loan agreement is negotiated with a Manager or Member,he or she shall be entitled to receive interest at a rate and • upon such terms to be determined by the Manager,excluding the Manager making said loan,if appli- cable,and said loan shall be repaid to the Manager or Member,with unpaid interest,if any,as soon as the affairs of the Company will permit. The loan shall be evidenced by a promissory note obligating the assets of the Company. Such interest and repayment of the amounts so loaned are to • be entitled to priority of payment over the division and distribution of Capital Contributions and profit among Members. 2.4 Failure to Contribute. 2.4.1 If a Member does not contribute by the time required all or any portion of a Capital Contribution that Member is required to make as provided in this Operating Agreement, the Company may exercise, on notice to that Member (the "Delinquent Member")and in addition to any other remedy permitted by this agreement or by law,one or more of the following remedies; 2.4.1.1 Any Member may make a loan to the Delinquent Member in the amount of the required contribution, which shall be paid directly to the Company. The Member making such loan is referred to herein as the"Lending Member." The loan shall bear interest at two(2)points over prime as published in the Wall Street Journal. • 2A.1.1.1 As security for the payment of(a)all Capital Contributions that a Member may be required to rake under this Operating Agreement and (b) for the payment of all loans and interest accrued on them made by Lending Members to a Delinquent Member pursuant to Section 2.4.1.1,each Member hereby grants to the Company, and to each Lending Member with respect to any loans made by the [.ending Member to that Member as a Delinquent Member pursuant to this Section, a security interest in and a general lien on such Member's Account and the proceeds thereof,all under the Colorado i.lnifnrnt Commercial Code. Upon any default in the payment of a Capital Contribution or in the payment of such a loan or interest accrued on it, the Company or the heading Member, as applicable,is entitled to all the rights and remedies of a secured party under the Colorado Uniform Commercial Code with respect to the security interest granted in this Section. l-ach Member shall execute and deliver to the Company and the other Members all financing statements and other instruments that the Managers or the Lending Member,as applicable, may request to effectuate and carry out the preceding provisions of this Section. This Operating Agreement, or a photographic or other copy hereof, constitutes a security agreement authorizing the filing of a L1CC Financing Statement to give notice of the Company's and/or Lending Members' interest in the collateral specified herein without a signature of the Delinquent Member on said LUCC Financing Statement. The security interest created in this Section shall he superior in right to any other interest in the Delinquent Member's member account created in violation of this Operating Agreement, Additionally,if the loan is not sooner paid,all distributions o]'asscts or income to which a Delinquent Member may be entitled shall first be paid to the Lending Member to the extent of any loans made under this Section plus interest or withheld by the Company to the extent of any Capital Contributions the Delinquent Member has failed to make, 2.4.2. Return of Contributions, A Member is not entitled to the return of any part of a Capita! Contribution or to be paid interest in respect of either a Member Account or a Capital Contribution. An unrepaid Capital Contribution is not a liability of the Company or of any Member. A Member is not required to contribute or to lend any cash or property to the Company to enable the Company to return any Capital Contribution, III MEMBERS'ACCOUNTS; ALLOCATIONS OF PROFIT AND LOSS; DISTRIBUTIONS 3.1 Member's Accounts, A separate Member Account shall be maintained for each Member. Initially,each Member Account shall reflect the amounts specified in Section 2,1 and,if Member merely has promised to contribute the amount specified in Section 2.1,the Company shall maintain a corresponding subscription receivable on behalf of that Member. Except as expressly granted herein, no Member shall withdraw any part of his or her Member Account withoct the approval of the Manager. If an additional contribution is required of the Members pursuant to Section 2.2, the amount of such additional contribution shall he added to the balance in the Member's account immediately upon receipt At least annually, Company profits, losses,gains, deductions,and credits shat]be charged or credited to the separate Member Accounts. The profits, losses, gains,deductions, and credits of the Company shall be allocated among the Members as provided in Section 3.2. No interest shall be paid on any credit balance in a Member Account 3 3.2 Allocations Among Members, i'he profits and gains of the Company shall he divided and the losses,deductions,and credits of the Company shall he allocated in the following proportions: (Name) (Percent) P.David Perkins 5D% Bernard A. 13oehmer 50% 3.3 Disproportionate Member Accounts. No interest or additional allocation of proiils, losses, gains, deductions,and credits shall inure to any Member by reason of his or her Member Account being proportionately in excess of the Member Accounts of the other Members. 3.4 Distribution of Assets. 3.4.1 Ali distributions of assets of the Company,including cash,shall be made in the same allocations among Members as described in Section 3.2. 3,4.2 The Manager shall determine,in his discretion;whether distributions of assets of the Company should be made to the Members;provided,however,that no distribution of assets may be made to a Member if,after giving effect to the distribution,al]liabilities of the Company,other than liabilities to Members on account of their Member Accounts,would exceed the fair value of the Company assets. 3.4.3 A. Member has no right to demand and receive any distribution f-urn the Company in any form other than cash. 1V RULES RELATING TO THE MEMBERS 4.1 Admission of New Members. Additional Members may he admitted upon the unanimous written consent of all Members. 4.2 Voting of Members. A Member shall be entitled to one vote for each unit or percentage of ownership he or she has in the Company on any matter t or which Members are required to vote. A Member may vote in person or by proxy at any meeting ofthe Members. Unless otherwise stated in this Operating Agreement, all decisions of the Members shall be by a majority vote based on the percentage of ownership in the Company at a properly called meeting of the Members at which a quorum is present, or by unanimous written consent of the Members. 4.3 Meetings of Members. 4,3.1 Meeting of Members may be held at such lime and place, either within or without the State of Colorado,as may be determined by the Manager or the person or persons calling the meeting. 4 3.2 No annual meeting of the Members shall be required,hut may be called as needed or requested by any member or pursuant to the consent of the Members. 4.3.3 Written notice stating the place,day and hour of the meeting and,in the case of a special meeting,the purpose for which the meeting is called,shall be delivered not less than ten (10) days nor more than fifty (50) days before the date of the meeting, either personally or by mail,by or at the direction of the Manager or any other person calling the • meeting,to each Member of record entitled to vote at such meeting. A waiver of notice in writing,signed by the Member before,at,or after the time of the meeting stated in the notice shall he equivalent to the giving of such notice. 4.3.4 By attending a meeting,a Member waives objection to the lack of notice or defective notice unless the Member,at the beginning of the meeting,objects to the holding of the meeting or the transacting of business at the meeting. A Member who attends a meeting also waives objection to consideration at such meeting of a particular matter not within the purpose described in the notice unless the Member objects to considering the matter when it is presented. 4.4 Quorum and Adjournment. A majority of the Membership Interests based on percentage of ownership entitled to vote shall constitute a quorum at the meeting of the Members. If a quorum is not represented at any meeting of the Members, such electing may be adjourned for a period not to exceed sixty (60) days at any one adjournment; provided, however, that if the adjournment is for more than thirty (30)days,a notice of the adjourned meeting shall be given to each Member entitled to vote at the meeting. 4,5 Attendance by Electronic Means. Participation in a meeting of the Members may be by means of telephone conference or any other similar electronic communications equipment by which all persons participating in the meeting can hear each other at the same time. Such participation shall constitute presence in person at the meeting fur purposes of this Operating Agreement. 5 V RULES RELATING TO MANAGERS 5.1. General Powers. Management of the conduct of the business of the Company shalt be vested in the Manager. The Manager may adopt resolutions to govern his activities and the manner in winch he shall perform his duties to the Company. 5.2 Qualifications of Manager. Manager shall he a natural person eighteen(l B)years of age or older. 5,3 Number,Election and Terni. 5.3.I The number of Managers shall be one(1). The number of Managers shall be increased or decreased by the vote or consent of the Members. The initial Manager„shall be P. David Perkins, 5.3.2 The initial Manager shall hold office until the first annual meeting of Members or until a successors have been elected and qualified. Thereafter,each Manager elected by the Members shall hold office for a one year term or until his or her successor has been elected and qualified. 5.3.3 The Manager(s) shall be elected by a vote or consent of the Members at a meeting called for that purpose. 5.4 Meetings and Voting. 5.4.1 Meetings of the Manager may be held at such time led place as the Manager by resolution shall determine. 5.4.2 Written notice of meetings of the Manager shall he de]ivered at least twenty- four(24)hours before the meeting personally,by telecopier,or by mail actually delivered to the Manager within the twenty-four(24)hour period. A waiver of notice in writing,signed by the Manager before, at, or after the time of the meeting stated in the notice, shall be equivalent in the giving of such notice. 5.4.3 By attending a meeting,a Manager waives objection to the lack of notice or defective notice unless,at the beginning of the Meeting,the Manager objects to the holding of'the meeting or the transacting of business at the meeting. 5.4.4 A majority of the Manager(s)entitled to vote shall constitute a quorum at the meeting of Manager. 6 5.4.5 All decisions of the Manager shall he made by a majority vote of the Manager at a properly called meeting of the Manager at which a quorum is present,or by unanimous written consent of the Manager 5.5 Duties of Manager. 5.5.1 The Manager shall have the duties and responsibilities as described in the Colorado Limited Liability Company Act(C.R_5.7--$0-101,ei.seq.)„as amended from time to time. 5.5.2 The Manager may designate an employee or agent to be responsible for the daily and continuing operations of the business affairs of the Company_ All decisions effecting the policy and management of the Company,including the control, employment, compensation, and discharge of employees; the employment of contractors and subcontractors; and the control and operation of the premises and property, including the improvement,rental,lease,maintenance,and all other matters pertaining to the operation of the property of the business shall be made by the Manager, 5.5.3 Iv transactions involving less than S500,000; A Manager has the full power and authority to sell,purchase,encumber or otherwise transfer or acquire real estate or property or any interest in real estate or property. In furtherance of that power and authority,a Manager may execute,in the name of the Company any or all of the following instruments! contracts of purchase or sale, deeds with or without warranty, deeds of trust, mortgages, promissory notes, assumption documents,transfers of escrow funds and of insurance policies,closing and settlement statements. applications for loans, and any other documents containing such terms and conditions and such warranties and covenants as the Manager deems necessary or convenient in order to complete any such authorized transaction. A Manager also is authorized and empowered to receive and collect funds and documents and sign receipts for such fitnds and documents and to endorse and deposit checks or drafts. In transactions involving more than$540,000,a resolution agreed to by al least 100% of the Membership Interests shown in paragraph 2.1 shall be required. 5.6 Devotion to Duty. At all times during the term ofa Manager,the Manager shall give reasonable time,attention,and attendance to,and use reasonable efforts in the business of the said Company;and shall,with reasonable skill and power,exert himself or herself for the joint interest, benefit, and advantage of said Company; and shall truly and diligently pursue the Company objectives. 7 5.7 Indemnification. The Manager, employees, and agents of the Company shall be entitled to be indemnified by the Company to the extent provided in the Colorado Limited Liability Company Act(C.R,S.7-80-101 el.seq.)„as amended from time to time,and shall be entitled to the advance of expenses,including attorneys fees,in the defense or prosecution of a claim against him or her in the capacity of Manager,employee, or agent. 5.8 Removal, At a meeting called expressly for that purpose, the Manager may be removed with or without cause by a majority vote. VI BOOKS 6.1 Location of Records. The books of the Company shall be maintained at the principal office of the Company or at such other place as the Manager by vote or consent shall designate. 6,2 Access to Records and Accounting, Each Member shall at all times have access to the books and records of the Company for inspection and copying. Each Member shall also be entitled: 6.2.1 To obtain from the Manager upon reasonable demand for any purpose such intormation reasonably related to the Member's Membership Interest in the Company; 6.2.2 To have true and full information regarding the state of the business and financial condition and any other information regarding the affairs of the Company; • 6.2.3 To have a copy of the Company's federal,state,and local income tax returns for each year promptly after they are available to the Company;and 6.2.4 To have a formal accounting of the Company affairs whenever circumstances render an accounting just and reasonable. 6.3 Accounting Rules. The books shall he maintained on a cash basis. The fiscal year of the Company shall be the calendar year. Distributions to Member Accounts shall he made at least annually. The hooks shall be closed and balanced at the end of each calendar year;and,if an audit is determined to be necessary by vote or consent o f the Manager,it shall be made as of the closing date, The Manager may authorix.e the preparation of yearend prcdiCand-loss statements,balance sheets, and tax returns by a public accountant. 8 VII SALE OF A MEMBER'S INTEREST 7,1 Provisions Restricting Sake of Membership Interests. In the event a Member desires to sell,assign,or otherwise transfer his or her Membership Interest in the Company and has obtained a bona fide offer for the sale thereof made by some person not a Member of this Company, he or she shall first offer to sell,assign,or otherwise transfer the Membership Interest to the other Members at the price and on the same terms as previously offered him or her,and each of the other Members shall have the right to purchase his or her proportionate share of the selling Member's Membership Interest. If any Member does not desire to purchase the Membership Interest on such • terms or at such price and the entire Membership Interest is not purchased by the other Members,no other Members may purchase any part of the Membership interest,and the selling Member may then sell,assign,or otherwise transfer his or her entire Membership Interest in the Company to the person making the said offer at the price offered. The intent of this provision is to require that the entire Membership Interest of a Member be sold intact without fractionalization. A purchaser of a • Membership Interest of the Company shall not become a Member and shall not participate in the management of the Company,without the unanimous consent of the non-selling Members,but shall be entitled to receive the share of profits,gains,losses,deductions,credits,and distributions to which the selling Member would be entitled_ VIII MEMBER'S COVENANTS 8.1 Member's Personal Debts. In order to protect the property and assets of the Company from any claim against any Member for personal debts owed by such Member, each Member shall promptly pay all debts owing by him or her and shall indemnify the Company from any claim that might be made to the detriment of the Company by any personal creditor of such Member. 8.2 Alienation of Membership Interest. No Member shall, except as provided in Article VII, sell, assign, mortgage, or otherwise encumber his or her Membership Interest in the Company or in its capital assets or property;or enter into any agreement of any kind that will result in any person,firm,or other organization becoming interested with him or her in the Company;or do my act detrimental to the best interests of the Company. Ix MISCELLANEOUS PROVISIONS 9.1 Inurement. This Operating Agreement shall be binding upon the parties hereto and their respective heirs,executors,administrator,successors,and assigns,and each person entering into this Operating Agreement acknowledges that this Operating Agreement constitutes the sole and 9 05111/7011 14:55 1[605473747 PERKINSLAND PAGE e1/01 a /1I.f�e11 idi53 63GG7713aa SJEH-R FRCS PAt..E wigs. that no oral or written representatione ox warranties of.�aykindarnature have been made regarding to proposed investments,no;any proios c ,0-14,Tanteva,or representations regarding incense or profit to be derived from any future investment. 9.2 Modification. This Operating Agreement may he modifIed Dow time to tinsc as necessary only by Site written agreement of the Company,acting through the vote or consent of its Managers,and the Members. 9.3 Severab1J ty.The provisions ofthis Operating Agt tiemttt+eaeverableandsepaate, . and tone or more is voidable or void by statute or rule of law,the remaining provisions shall be severed therefrom and shall remain in full force and e€fect. 9.4 Governing Law. This Operating Agreement and its terms are to be construed aaeordirig to the lawwa of the State of Colorado. 9.5 Counterparts. This Operating Agreement has been executed in counterparts and each.such counterpart shall be deemed an original of the Operating Agreement for all putpuse,s. 1;N WITNESS WIRE OF,executed on the day acrd year lbrst above written MEMRERs! i i . avid Perkins .2..s...f....,,.,4c4d. a nam&L..../ Bernard A.l3oehtner Perkins land&Livestock IV,LLC,a Colorado limited'liability company IttyP.David Perkins,Manager OFFICE OF rf I lE SECRETARY OF STATE OF '['HI? STATE.: OF COLORAI)() CERTIFICATE 1, scoll ( esslcr, as the Secretary of State of the State of Colorado, herehy certify that,according to the records of this office, Perkins Land & Livestock 1V, LLC is a Limited Liability Company formed or registered on 05/04/2011 under the law of Colorado,has complied with all applicable requirements of this office,and is in good standing with this office. This entity has been assigned entity identification number 20111266340. This certifcatc reflects facts established or disclosed by documents delivered to this office on paper through 05.46/201 I that have been posted,and by documents delivered to this office electronically through 0511 11201 1 ;a} 15:57,22. I have affixed hereto the Great Seal of the Stale of Colorado and duly generated,executed,authenticated, issued,delivered and communicated this official certificate at Deriver,Colorado on (1511 1/2(11 1 {rz 15:57.22 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation Number 79434fK. +■ate') • 419) ' f l .r 1876 i444 �. . • 5ccretar,'ciE State et the Slate nt[alcrradn kid at L'erritic.rle. •'�•• r,d,rNO,_r-rr3,. srrrrr��i1aS sea rs15.11ti urn.'?On,r.rla„rOrr,,4121 a,,,r offs rrrr,_ 1rr„a-r,-r,r ,rs an or hi u,,rfs c a,m r LAO urlidrtr r f n r,rr from, nhrmr,rri,!,rror,rrut i.n,(.11.,hr vnohlrslle,1 hr,•unlrlg fil0 C.rrrefrr sh'('rmfirna,tVr n l ogo ref (50 1 rrnr,n.,of.Vu(, A If f sue. " -. .. .� .,. r anrrnr;q Ihr rorl.f,aarr', ,nrrhr-n,ur,o,2 r ur,h,'r Ir•prrnrd r a,the orrvu,.roe. 1, llu,r,nr Jr, uwr r-umr,dr47n .1 r . 4 � ['nr�n ur�n�rf,r r},una:�.�r .yrlr�`e,•nn r.-mm��{, ��rr nrI cr!:r+rOf ruche- ,It/imr! u r re.ring_,err r,,are 1„ n nrfry run ,nv rnr 19.rh errs. ,. rf:rk Itunn.lc orwrrear/ndr•,-r-Y irynrrvlr as-ktrl{lrre.dnur . 1;gr.,. (.'.doradtl Scci-elan Lir Stair -FllBd I)atc arid Time: (I5_ir4/21)1 1 n2:46 I'M I)uctrniert nin,l tie Ilitcleleltrlmlcalls. II) N Lim bur: 11)1 I I2663at1 Paperdxalmuus 11'ili not he accl•Ilr,d r)ucnm2rll pr,ee iilg 1ec S.10.nci DOLL'S-11O111 number: 21)i 11260,40 l'c4s J iiILiS;ellu rshee.. Amount t't11[I: `SSt}_0l1 arc.auhicct In ch;inge. Ii'illL'l'SS Vtller r:illrrnl'rllll111L71 Iiiliii c41ples offilyd i11rcuments, L HI ,, selucl i3usinesti 'Cl PLC A rticles of[)rt;a a ifittinrt tiled pursuant iii. ?_1'u-ii,4 anil a .'-.Nir-.!II-1 of the l'alurrldn Rev Statutes IC'.lt.S t I. Iliedrntie.tic elrGlr nunle orlhr limited Iiithility cungrnn' is Perkins Land & Livestock IV, LLC r!?rr nrrr�-rn,5(rnur5•J h,rlar'rn-��anl�arn !r,rnrr:Hrrrurrr r.',r r,-nu 5,r uhhr,rerrvu5r ,rn:urii+rrrh,rrrr Aer 1n rn N!n r:,nr;r,,rn 'Irurrr.11rr?„'rrr c�! !r.f f.:r:fur.:, ... in,:ur,i�}5';I 174 .5r .cet, a"-9rs-r,n; r'!?i, (ail(i,rl: firrinr ,7(•,T41G?15rn), !r,arrhrrrr(4l:r:c,5555 r!5??lC It'd In im. Hr.:,f fr!,rrr.:rn r:r nr,,,c r;Or,nv.', rrr',; 2. I he principal office ocldress of rhie limited lizthi I ity contpnn}.s Initial principal orricr is tiu-eer Llddlcsi 1514 East Main (s5 r,-r•1 r„r,,,n5,5555. 1,10, - Unionville MO 63565 rf,r.v i Sa, , llli'P..,nrf.-.),./t1United States 51'+u vr,x. ri,q:lil5,,5h rrr �_lniThr addrL'sx P.O. Box 267 I lrrnc blank it riiiica=nlr-t1:ul,lrc,til ,m: Unionville MO 63565 51 irrl rtirr5rr) !/!!'1'r,.rrr!1 5a1rr United States 515rpfrlr !rf+7.', (5 3.The roistered a_4cnt malc and rcc stcrcd agent address.of the I itrsl liability cumpanys initial fe istcred a em are Niu ric ill .in iIidiL•idnilll Otis Fred L. rl�r+e, r!•n�e,� i.11r;l�l.Ss rr:+l ri�+ Dian Clltil-j 1C'airrierr: !7n area Jn rorrrlc 1'rtlr rnr hl,indrlurrf rlurlarr,confr'uur',' Strict address 1812 56th Avenue 2nd Floor Greeley (. r., 80634 ,r _li;'I 1(11 III r.,„, I r. Hn p'.^.i!2oLK h7rlilrrl_:aiIIi-i 11191,0 hl7nl, l ;.irks;. ('I 1 El 1-:r, .•�nr_v,o,��rr,�n r,,,;n-rn-d"r ��r:r Prr�-,Nr�h.� LJ I 11c 1711 tinll n131u,EEu�cl at rcti ICI'CW[hl._'4 nt iIa eors;cnieLl L.5 been ;t,.Ilthuin'.t' rile tint'n.rn1c mid nlailim adtlrvs 1+I.Ihe Iturstru CLtrrnin the linl [rd lial rump,ln} ;ire E an ill;lis ktu;l[1 Perkins P- David Il ir¶1, r!'u:,I/ itl,,li ire-, r1rr1/t� DR {if;II1 etiUL I rCnnrfna: fL.,u,!jn•r,rrl!I,Ifh.r„+r!.l.'ti:,ir?,Il rrr,,I,n; viii!! 11,111!, bla:lln,:LcIIL i P.O. Box 267 Unionville MO 63565 Fr.11‘.1 IIi!!,f !.'Ili!.,,!,!I •.rd/ United States r!'rr,r rIV,' ,l a,!'Ik uh;,'i rf ry fir J ICrk, !r,IH'rr,rr,•rr,r.rr !N,1i I'CnH ,r,7,f•!l(r, rrr„rr,'rr!1,,ra,,r d,rc:rk,-I!,!„ra,lnrrlrr:u-,,'r,d,,r!f,nr•v,r: ❑ I has one or niorc add the liitturd Eial,ilIn nntp;ntti ,uiLI the nanx ,uld m,utin��,tddre<.of caCh tiuch I,CrJ�lIC Lire.LIIL'ii In all.rmlehIllenl i I L, in tilt! IlitioL'll Ii.Lhili#; r tiii!rtti is tiv.slc[I in • r l'll' Ili more inanaLrer4. ()[t the IIti n71?Crw. r,.nrrnr>rrr:;,,!„l,r,,l III,n:!,drrr:'rII!' • l hrrr H.at bast one n-tenlhLr n1 the line itcd liiiI I it, cllnlpanw • l hi,Joeurneni contain.aciLlitirutal Inlurmaiir,n ai. pro,.icier! h .E Ixrtiern: !-L.,rr i?C,,,rk 1.111, ri.,r„nr,'rrr,f,,,• ,;,u inrr, 1 1,I„r:',l JQ,',ij!, .idr,• ALring,r f!'1rnr,r r'f' ''I, .1,n;:n;, r,r;rnrt,,r_111 rlIVn,'r;!.,1,, 1L dri nrin rm I!,!?!t. �'r,rr•,I I!,r,vy',r,lairr ,r„rr,r,.r!,Opt,h,, ,tfnpr rl,r,nrkv,rtr,;A,,vrrrr!HL,„d,rr„nil rl,rly�i,�„hrr ,rrirr,r,�r,;�rlrc rr,7„!rrr.r!erns,', l ht dcluyerl cllecir vc cknc Evttf, II alllllicahl.'- Iilnc nl llti;ll(CLIIrienl is are 1r i AV.I IGl I I 1rllVct•: t,'rlLai711[hi;ilucuwn'n1 IL)hr ticlitijriJ It+like !•Yccrc[ait '1 K[:LIL' I„r lilllrt shrill cnlltitiUJL the ulin-in.dilin r�r :LC'IJ1:14 individual 1)Llldl[ICi i11 17CI; lilt,I I,II;It L'(lojUI110E1L Iti LIIC nditiilLI.h fact an[1 dLrd.,irllL L tic Indn'idua! in i.00ci l.iilll ht'I Lta', Ilit tluttlnlcnl it Ihr:t�l anJ dtr4i ui the ItL'r,,ull cm uluts4' h:ll nir II1 ILlit'ItILI,II i,Cuuo1[t_t the d(CIIn L:11'Lu he ilolitcr'cL1 liii lilinr.fulccn in LPllliirlikiIv tt ills ihL: rctquil't'Incnit I!t earl ;Lll lirEiJ )U Ltl Hilo 7. l K.ti. the coniiinden-I(lilctilnt-nH_,ind the urtr;u,et: ,1,1ii-1[C>. ;roll I t;11 ll1L In,ilw hi l4,il Ill 12.Clud E.iilll ILl ICt�, [hc <<rt„laud in [l>t: itL C(HnurEi;111 Lru L';u 1l nc� �fi,i tllnirll t'„n'-hi r,n ill) 191E roc uirrlllc Itt „hdllo[ 1',Ill €Ii c'„n;li[ucuf�1u.unlcn L,_:1 n,1 the urtt;ii w I•Iki,13Crlul't rit''tI c ,t11111iC; I,t l';Lclt indicidu;Il whn i du,Cn IE1i,tlucum nl [rl hE:IEh ;rcLi lu{I-LL�LCICnuR rii StILi'_tchCihtr,n'nn1,u.h InLtn.1,ln111 I�nanud il1:hi docllnlLnl ai unr uhtr ii is iau;c'd ii lIt It Eiclitcrcd r). I he knit It,illlc nnrl L!it [hc dLLUlncnt lo hc dclit'Crcd for on••Lilt Otis Fred L. 1812 5F1t}l AVOIlLifl6 2nd Floor Greeley CO 80634 United rStates ld,in-r.,un.�n.. r�:n�n•�,,uj/?(r, :,l.•rdr?t tr,rr-rnrn.ri,,tn,, n u,-,,null nl:but u.rnn.r,l.!ar�-u;, ❑ 11119 LIULui11L'n[iUIIIillnti Ihr Lr11C IELfniti 311f1 IIlillllllL'iLirll'C'Sti or oIIC,,I' 'Hurl.'arIIIlllltnril iii it InILI:II, ti'nu;ill:L Ilia°{I{,l llnIL•ill Iit he dclit-stet! lrx Iilini. 111SL'I:I I III L'r: lhi, FULnl Logy 'r;heCI.anti:IIt4 i..!i ti',l ilt,I1'IIC:I LIII' :try not inn:n..1.tl 1/' il;;;Illt,ti or ILit i,ti i � :Ind are [llrnitiha'tl to ','atirl:. iiilnirnuln Ic a]I LLltlireinerilt,,it ul its rat ISi,,n rl',IIL.4olnitli:uu'.•a ii i[L11tI Itch c he ,11t1clulcd limn Ii111C Iu I1111+:.I ClllairiS the rtstn niihi li[y i'I IhL LItCI Ol Ihii t[Il'111-ciriul ]ht'EI_ 4�LIC5111111;511[1lIILi ullcIlL'ti tl 14 thy'1t, r` IL' III-]llltiin ti,; r 1;3 L1(1% I. Y , l DEPAR`i'IBNT OF 'l-F 'rRFASUPY •S'!'E'!'.1dA1, 12E'+iE NiFE -, EV1+77 .-1NCILINATI :ill 49s}9-n01 Dal.' of this oar__-.. : 05--1 F-i 0T 1 Rrr+p!cryor Tdrrtt..'.f ration D3umher : 4S-22U6?2', Form: -4 crier of thra nr;',."r IP 37 ; 1- P RRLH$ IAP:`1 R LIVF.5TIXV IV ILL PAUL DAVE., _= k.I N NPR_ P':. BOX L6 For assistanc_ yc,u n:,ry- .:r_1as at: INIWITIITE, MO 63565 1- 00 029-403 IF YOU WRITE, A'IUUO'H IlEIP STUB AT THE END U ' 'O 1r3 HLYI'IEl. WE ASSIGNED YOU AN EN�PL']YEI' 'LEN'tF I0ATI0jN NIL3dBE1? Ti—Or you for applying for an =:-,Prloyer Idant.ifi::at.or-u, En.m:-yet- ,EIN: . We assigned you This EIli wi1l d a l Cy ynu, yc•.Lt b::-„irsess aCeenrtus, tax returns, and ;3▪ocuments• eyen if you have no employees. Plear:e keep this notice in your permanent records- when f it iug tax documents;, payments, and related nc:respondesnce, it is vary impo.tart Otis: yor: use your II N and complete n amc_ and adclr-nce exactly an shown above. Any variation may cause a delay in pr�oeaslrrg, result in incorrect information in your account, or even cause you to be assigned more ti!sur ore FIN. If the information is not correct- air shown abave, please brake: Lire correction using the attached tsar off stub and return it In us- 13d`-5r.U' Ur. Lhu intanna':ion rt'Ori vd from you ti your representative, you must f i L.., toe Eollowinu f-ora s, by th- date Iof shown. !•otn+ 1•.r64 0,1/1 /212 1f you have questions shout the `crmr:l or the don date lai shown, you can call uc at the phone iiuntit or elite t o trs at ]!,t, eddress show.. ,it. the: Lop of Li is nutic�+. If you need help in deterr,inr-nq your annual accounting period (tax ycto,''I, sea Publicaticrn 53H, Ac--counting Periods en,l ht�rtre ds. We assigned you a Lax ola;sifioation Laded on information obtained front yen or your representative. It is not a legal determination ur your tax classification, and is not air-iiny on the ttli;- :f you want a legal riot cm irraLicr. of y-auc tax cLassifl a4leh, y.-.L; may rr•.e .sst. a private letrer ruling from The fac nnrlet the q-.li"le:]neo in Severu.e I'rocrrrl:i e 2004-1, 2004-1. 1.R.B- I ic�.r surersed_ncl Revan,.e Procedure tor the year at cruel - Note: ('r.r.t.ain t,ax ,;la ,silrc:'atrcrri r.lecLiuie can Le reTmtatod by filing Form ?8 , Entity r7151flricn Election. gren Form H2 red irs ins; n.ic-.inns for sill:ional :nfcrrna,', -n. A limited liability corrpany 'I,I„,;,' may tile Form Haar, Entity Classlf i,:ol rot: S:iPo!.ir?n, And e.:•ecr ..o he classified Or- rrr: association taxable as a c-rrpor,arrim- if Cho. I,LC La eligible to be t.rrated as a corporation t at meets c'e_itair: tests and it w-1_ hr tioet..ny B corporation stratus, it .trust ti:nr-.y file lortm 21�S3, S an.-afl Pusiuess t'orperrrt-irrn- The IL) will hr= r.raat.ed an a crn-par-atinn as rrl' the effective late of the s corporation .,lrr i l.trr and :does tint aced to tile Farm HA31, '1)1 +'.hLair: tax formin and p01:1I tinnit, inclu!!iii those reference-) I: Ihio-: nraii'r:, Visit cur 4a1> site at wh^x-fro-nav- If you do not have: .ar.ron-a to the Internet, cal.: 1-R,.h-B29- ?.576 ['It'y I'U'_) 1-80t; H?T_;l'fOol ur vier_ y_s.rr local LE{5 ofti;.c„ Submit by Email Weld County Referral January 6, 2020 The Weld County Department of Planning Services has received the following item for review: Applicant: Perkins Land & Livestock IV, LLC Case Number: RECX19-0165 Please Reply By: February 3, 2020 Planner: Maxwell Nader Project: FOUR LOT RECORDED EXEMPTION Location: EAST OF AND ADJACENT TO CR 63, NORTH OF AND ADJACENT TO CR 4 ROW Parcel Number: 147730400018-R2972204 Legal: LOT C REC EXEMPT RE-3558, PART SE4 SECTION 30, Ti N, R63W of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that it does/does not comply with our Comprehensive Plan because: FWe have reviewed the request and find no conflicts with our interests. FTSee attached letter. BPascoe 1/7/20 Signature Date Agency Zoning Compliance Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO.80631 (970)400-6100 (970)304-6498 fax Submit by Email Weld County Referral January 6, 2020 The Weld County Department of Planning Services has received the following item for review: Applicant: Perkins Land & Livestock IV, LLC Case Number: RECX19-0165 Please Reply By: February 3, 2020 Planner: Maxwell Nader Project: FOUR LOT RECORDED EXEMPTION Location: EAST OF AND ADJACENT TO CR 63, NORTH OF AND ADJACENT TO CR 4 ROW Parcel Number: 147730400018-R2972204 Legal: LOT C REC EXEMPT RE-3558, PART SE4 SECTION 30, Ti N, R63W of the 6th P.M., Weld County, Colorado. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that it does/does not comply with our Comprehensive Plan because: FWe have reviewed the request and find no conflicts with our interests. flSee attached letter. Tom Beach, Fire Chief 1/6/2020 Signature Date Agency Southeast Weld Fire District Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO.80631 (970)400-6100 (970)304-6498 fax MEMORANDUM TO: Maxwell Nader, Planning Services 18 ,1 FROM: Melissa J King, PE, Public Works DATE: January 29, 2020 G N T SUBJECT:RECX19-0165 Perkins Land & Livestock The Weld County Department of Public Works has reviewed this proposal. Staff comments made during this phase of the application process may not be all-inclusive, as other issues may arise during the remaining application process. COMMENTS: Parcel(s): 147730400018 The project proposes to: Four Lot Recorded Exemption ACCESS: Weld County Public Works has reviewed the application materials related to access. Currently,the existing parcel does not have a permitted access on County Road 63. The applicant is proposing to have two (2) new shared accesses on County Road 63. One of the new accesses is to be located approximately 3500 feet south of County Road 6 to serve Lots A and C. The other new access is to be located approximately 4500 feet south of County Road 6 to serve Lots C and B. These access locations meet the spacing as referenced in Table 1 below. The applicant did not specify the access for Lot D. Therefore, the applicant shall use one of these proposed accesses for Lot D, as well. As stated in the Weld County Code Section 24-8-40, "All accesses...shall endeavor to achieve the goal of no "net increase" in the number of accesses onto adjacent County roads when accesses already exist." The code further stipulates that, "Contiguous lots created through the exemption process shall, when practicable, share access." The applicant shall create and record two(2)minimum 30-foot wide access and utility easements to provide legal access to lots A, B, C, and D. ACC ESS Sec. 8-14-30. Table 1 Minimum Access Spacing Criteria (Feet) Access Element Arterial Collector Local Distance between intersections Signalized 2,640 N/A N/A Unsignalized 1,320 1,320 330 Distance between accesses and intersections 660 660 330 Distance between access points 660 330 150 Distance between access points in subdivisions 660 330 75 Per Sec. 8-14-30, an Access Permit is required for access to Weld County maintained roadways. We strongly encourage you to discuss your access location with Public Works prior to laying out your site plan. All "preliminarily approved" accesses are subject to change during the access permitting process. For shared, Public Works strongly recommends the property owner establish an access road maintenance agreement so future owner of the properties will be aware of their requirements for shared maintenance of the access road.This is not a requirement for the recorded exemption but is recommended to avoid property owner conflicts in the future. Please refer to Chapter 8 of the Weld County Code for more information regarding access. ROADS AND RIGHT-OF-WAY: County Road 63 is a gravel road and is designated on the Weld County Functional Classification Map(Code Ordinance 2017-01)as a local road, which requires 60 feet of right-of-way.The applicant shall delineate on the plat the future and existing right-of-way and the physical location of the road. If the right-of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code Sec. 23-1- 90, the required setback is measured from the future right-of-way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. Per Chapter 8, Article 13, Section 8-13-30, a Weld County Right-of-Way Use Permit is required for any project that will be occupying, constructing or excavating facilities within, and or encroaching upon, any County rights-of-way or easement. Right-of-Way Use Permit instructions and application can be found at https://www.weldgov.com/departments/public works/permits/. Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way. CONDITIONS OF APPROVAL: A. The applicant shall address the concerns of the Public Works Referral relating to the proposed Lot A, B, C, and D access location(s). (Department of Public Works) B. The plat shall be amended to delineate the following: 1. County Road 63 is a gravel road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label on the plat the future and existing right-of-way(along with the documents creating the existing right-of-way) and the physical location of the road. If the existing right-of-way cannot be verified it shall be dedicated.The applicant shall also delineate the physical location of the roadway. Pursuant to the definition of setback in the Weld County Code Sec. 23-1-90, the required setback is measured from the future right-of-way line. This road is maintained by Weld County. (Department of Public Works) 2. Show and label the existing and proposed access point(s) and the usage types (Agriculture, Residential, Commercial/Industrial, and/or Oil and Gas). Public Works will review access locations as a part of the plat submittal. (Department of Public Works) 3. Show and label two (2) 30-ft. minimum access and utility easements to provide legal access to Lots A, B, C, and D on the plat. (Department of Public Works) DEVELOPMENT STANDARDS (NOTES ON THE PLAT) 1. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works) 2. Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the existing County right-of-way. (Department of Public Works) 3. All access and utility easements are dedicated for the benefit of all owners of lots depicted on this plat, including owners of future lots created therefrom,regardless of lot configuration or number of users, and without limitation of the use or intensity of the use of such easements. No lot owner may install a gate or otherwise impede the use of such easements without the approval of all persons with rights of use of such easements. (Department of Public Works) 4. Access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 5. Prior to the release of building permits,the applicant shall be required to submit a complete access application for a "preliminarily approved" access location as shown on this plat. (Department of Public Works) 6. Any work that may occupy and or encroach upon any County rights-of-way or easement shall acquire an approved Right-of-Way Use Permit prior to commencement. (Department of Public Works) 7. The historical flow patterns and runoff amounts will be maintained on the site. (Department of Public Works) WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Fr ' 1555 North 17th Avenue, Greeley, CO 80631 www,weldhealth,org couNTY Memorandum To: Maxwell Nader, WC Planning From: Dani Sema, Environmental Health Services Date: Jan 17, 2019 Re: RECX19-0165 Applicant: Perkins Land & Livestock IV, LLC Environmental Health Services has reviewed this proposal to exempt 3 lots from an area of 144 acres. Proposed lot A will consist of 3 acres, proposed lot B will consist of 3 acres and proposed lot C will consist of 5 acres and proposed lot D will consist of 133 acres. All lots are currently vacant. Lot A, B, C and D will be serviced by proposed on- site wastewater treatment systems and proposed individual wells. The Environmental Health Services Division recommends the following: Prior to construction: 1 . If buildings requiring water and sewer are to be constructed, a Weld County OWTS Permit is required for both proposed lots septic systems and shall be installed according to the Weld County On-site Wastewater Treatment System Regulations. 2. This application is proposing a well as its source of water. The applicant should be made aware that while they may be able to obtain a well permit from the Office of the State Engineer, Division of Water Resources, the quantity of water available for usage may be limited to specific uses, i.e. domestic use only, etc. Also, the applicant should be made aware that groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. We strongly encourage the applicant to test their drinking water prior to consumption and periodically test it over time. Health Administration Public Health& Environmental Health Communication, Emergency Preparedness Vital Records Clinical Services Services Education&Planning g Response Icic:9/0 304 6410 Icic:9/0 304 6420 Tele:970-304-6415 Tele:970-304-6470 Tele:970-304-6470 Fax: 9/0-301-641'2 Fax: 910-301-6416 Fax: 970-304-6411 Fax. 970-304-6452 Fax: 970-304-6452 Public Health Weld County Greg A.nobenhorst,£d.O.Superintendent Phone: 303-536-2000 Sc h e-3 J 1101 4th Ave.,PO Box 1022 Fax: 303-536-2010 3J1BELIEVE,ACHIEVE,SUCCEED Hudson,CO 80642 www.re3j.com January 14, 2020 Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 Case Number: RECX19-0165 (Perkins Land & Livestock c/o Christine Curl) Dear Planning Department Official: This project provides for a recorded exemption within the rural area of Weld County School District Re- 3J. Although recorded exemptions, individually, represent a small increment of the total housing stock, the cumulative effect of several such approvals is exerting a considerable negative effect upon the school district's ability to provide adequate educational opportunities for the resulting students. Additionally, the substantial separation of these units from other more densely populated areas increases school transportation costs, further eroding the amount of funds that can be applied in the classroom toward educating the students. The school district's Board of Education is opposed to approval of additional new housing without adequate mitigation of land costs. However, in the event that the County Commissioners decide to approve this application, Weld County School District Re-3J respectfully requests that these exemptions be required to mitigate the costs of providing land for school sites as explained below. Site Issues Based upon the district's school capacities and site size standards,the proposed exemption would generate the need for less than one acre of land; the cash equivalent would approximate$1,232.00 per single-family housing unit. Therefore,you will owe$3,696.00 for creating 3 additional lots. If approved, it is requested that this amount be paid to the school district as a cash-in-lieu of land dedication for each new unit allowed. Recommendations The Board of Education remains very concerned about the recent trend toward accelerated residential activity throughout the district and the ensuing enrollment that will follow, as well as the district's physical and financial ability to serve that growth. Approval of additional residential development without a ready and identified means of providing appropriate infrastructure would not demonstrate good stewardship of the public trust. As stated before, cash-in-lieu of land of$1,232,00 is requested for each single-family housing unit which totals$3,696.00 for the additional lots. Without such mitigation, the district will recommend that the application be denied. Sincerely, Greg Raben4rst Superintendent of Schools Weld County School District Re-31 Please contact Lisa Clark to make payment or mail check to address listed above. Submit by Email visb dar Weld County RefReferral, Th...a., . . . , A i, iii ti! Iiiii .0, pi Qi J I �■i. - . ly ,a,f 8 pi l a , .. . . .. -� L ilk LI N Y 4as � 7..r 1 7 �• January 6 , 2020 The Weld County Department of Planning Services has received the following item for review: Applicant: Perkins Land & Livestock IV, LLC Case Number: RECX10-0165 Please Reply By : February 3 , 2020 Planner: Maxwell Nader Project: FOUR LOT RECORDED EXEMPTION Location : EAST OF AND ADJACENT TO CR 63 , NORTH OF AND ADJACENT TO CR 4 ROW Parcel Number: 147730400018- 82972204 Legal : LOT C REC EXEMPT RE-3558, PART SE4 SECTION 30 , T1 N , R63W of the 6th P.M . , Weld County, Colorado. The application is submitted to you for review and recommendation . Any comments or recommendation you consider relevant to this request would be appreciated . Please reply by the above listed date so that we may give fu l l consideration to your recommendation . Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application , please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Fr We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: -- I I We have reviewed the request and find no conflicts with our interests. li See attached letter. Wenli Dickinson 01 /07/2020 Signature Date Agency Division of Water Resources Weld County Planning Dept 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax 40 AO Division of Water Resources TDNR M Department of Natural Rcnrees January 7 , 2020 Maxwell Nader, Planner I Weld County Planning and Building Department Transmitted via email: mnader@weldgov. com Re: RECX19 -O165 Part of the SE 1 / 4 of Sec , 30 , T 1N , R 63W, 6th P . M. Water Division 1 , Water District 1 Lost Creek Designated Ground Water Management District Dear Mr. Nader: We have received your January 6, 2020 submittal concerning the above referenced proposal to divide a 144- acre parcel known as Lot C of Recorded Exemption RE - 3558 into 4 lots , Lots A and B will be 3 acres each and be used for residential purposes. Lot C wilt be 5 acres and also be used for residential purposes , Lot D will be 133 acres and be used for agricultural and residential purposes. This referral does not appear to qualify as a " subdivision " as defined in Section 30 -28 - 101 ( 10 ) (a ) , C . R. S . Therefore, pursuant to the State Engineer's March 4 , 2005 and March 11 , 2011 memorandums to county planning directors, this office will only perform a cursory review of the referral information and provide informal comments. The comments do not address the adequacy of the water supply plan for this project or the ability of the water supply plan to satisfy any County regulations or requirements. In addition , the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or physical availability of water . Estimated water requirements and proposed uses were not provided . The water supply for this development are proposed individual on lot wells. Review of our files indicates there are no permitted wells on the property, Any well permit applications will be evaluated pursuant to applicable statutes and rules at the time they are submitted to and reviewed by this office. If you or the applicant have any questions , please contact Wenli Dickinson at 303 - 866- 3581 ext. 8206 or at wen liedickinson@state. co . us . Sincerely, 76a4._ Viniati- Keith Vander Horst Chief of Water Supply, Designated Basins Ec : Subdivision file 26922 efrio__,N. 4 err) 1313 Sherman Street, Room 821 , Denver, CO 80203 P 303 .866 . 3581 wvwrw.colorado.govlwater ,� ti Jared Polls, Governor I Dan Gibbs, Executive Director I Kevin G . Rein , State Engineer/Director * =` = CER'T'IFICATE OF CONVEYANCES WEI.D COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD Land Title Order No.: Perkins-2 The Land Title Guarantee Company("CTLE INSURANCE or ABSTRACT COMPANY)hereby certifies that it has made a careful search of its records,and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. Legal Description: LOT C. RECORDED EXEMPTION NO, 147730-4 RE-3558,ACCORDING TO TIlE MAP RECORDED APRIL 14, 2004 AT RECEPTION NO. 3170269,BEING PART OF THE SOUTHEAST 'A OF SECTION 30.TOWNSHIP l NORTH, RANGE 63 WEST OF THE 61' P.M., COUNTY OF WELD, STATE OF COLORADO CONVEYANCES (if none appear, so state): Reception No, 1492803, Book 571 Reception No. 1656259, Book 734 Reception No. 2183038, Book 1235 Reception No. 2191568, Book 1243 Reception No. 2198932,Book 1250 Reception No. 2198936, Book 1250 Reception No, 2212709, Book 1263 Reception No. 2476443, Book 1532, Page 316 Reception No. 2887277 Reception No. 2932744 Reception No. 3146235 Reception No. 3170269 Reception No. 3668073 Reception No. 3770098 This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title, nor an opinion of Title, nor a guarantee of Title, and the liability of Land Title Guarantee Company, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee Company,has caused this certificate to be signed by its proper officer this 2nd day of December.2019 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPANY • • CERTIFICATE OF CONVEYANCES WELL? COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD Land Title Order Na: Perkins The Land Title Guarantee Company(TITLE INSURANCE or ABSTRACT COMPANY)hereby certifies that it has made a careful search of its records,and finds the following conveyances • affecting the real estate described herein since August 30, 1972,and the most recent deed recorded prior to August 30, 1972. Legal Description: LOT C,RECORDED EXEMPTION NO. 1477-30-4 RE-3558, ACCORDING TO THE MAP RECORDED APRIL 14, 2004 AT RECEPTION NO. 3170269, BEING PART OP THE • SOUTHEAST ti OF SECTION 30,TOWNSHIP 1 NORTH,RANGE 63 WEST OF THE 6T0 P.M., COUNTY OF WELD, STATE OF COLORADO CONVEYANCES(if none appear, so state): Reception No. 1492803, Book 571 Reception No. 1656259, Book 734 Reception No.2183038,Book 1235 Reception No.2191568,Book 1243 Reception No. 2198932, Book 1250 Reception No. 2198936, Book 1250 Reception No. 2212709, Book 1263 Reception Na 2476443, Book 1532,Page 316 Reception No. 28872'77 • Reception No. 2932744 • Reception No. 3146235 Reception No. 3170269 Reception No. 3668073 • Reception No, 3770098 • This Certificate is made for the use and benefit of the Department of Planning Services of Weld • County,Colorado. This Certificate is not to be construed as an Abstract of Title,nor an opinion of Title,nor a • guarantee of Title,and the liability of Land Title Guarantee Company, is hereby limited to the fee paid for this Certificate. It Witness Whereof; Land Title Guarantee Company,has caused this certificate to be signed by its proper officer this 21st day of August,2019 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPANY By. s cl 571 �� fRhi, JULf 415E6 Aae�IJea 11,--..1-411.410.3 __ �Aaa 4‘041.2_,4,....g,.. noun, �'�:'a 4 �(mm y- whose add[e,al. Eright.n, Il".. " , L7 f4l.+n�[yy1...'. 4o-mlty of *dine ,endlllaiu of 9 t a Colgaedo for the fuu deratisa i ens hundred •.-:' ' . dollars sad other valuable eomid y `,..' daMwe,io hood Cd,he !!a!ion -- .. _ a W hereby ache(,)and evarq(a)to 0 o Mien J. inn]. - wham addn.a Is t.oi oot, — - ,' C61547 of • Boulder ,met Rats of Colorado tie Morin g sal promo 7la eke _ Coady e[ void ,mod Min of Colman,tawlt I - f 'Ms fast half (El) of ins stick.' thirty (30), in towoi hip ono II) Borth, of range flaky-chase (63) West of tha 5th P, (I., Weld County, Celvredo, alicfl-r easaneet di Braniff by Leitrt otif recorded La hook 1297, pogo 524, Void County, Colorado 1'' '+-' record.. T6CEr iEa WITH all ditch and eater rights is any way minima fed with Or ! appartoinitlg to mold Property. ",". { ACCEPT an undivided one-hall interest !n ens hi ouch oil, gas Nut other minerals on owned by chit gr.ntor, amid refervatioo to resale in•r1cct for a ported I nil, year. fm the data ..roof, and i[, an the cad of • o ..id ten y.Ie p.rtod, of n -• Ns ar othar mina rale ars being produced lion amid pima Lama. than ..ld ra serration shall coatlaum for no long an pradootivn shall continua said• IIpF`+`r.`e':r. interest to vent Le a !.' grantee epee theiratLoa of rite pariad of maarratitnt. ' I y r • fpp[�i1��t�fP�Egg a5 • Pt 0 Y.l. aructi�1aNrrlt;Ilyap EDM Zefi6'Ys '" '9P; with ag I.ofllterteean,eti old waannl la)the oldd to the home(,sllltlot to reisrvat;yn,. raett Let • Mgt rights of %.y of record, Ind ■ub}oot to amoral eeservations of rscord. .:i' ....a• • ,r_ 'i Rigor Oa 12th der 4f 7u19 ,11 E .. ......_._._.__._.....-n,,..,.. - ores 02 COT moo .._._..,...__..,...a.o V...tr cd Adana ge p�Ti l.��eghvrten! L$ dacknowledged Minya mi ilk /..1 7.4 j1' fpf�, r s ,by AUDI c. hesorr. • yr Wltae>, ;cal effnla+wl ' i�WurlNwL al,! �ry�,�,Ip,e�yI M � ��+I`1MIMM.Ir�w "�Men R a..r,i , .'yI.]�gya}��/ryyry�„ . h W .7:.M, NweL agy�y.,..�, LJ/�k,nl er ali,rillela,(w.T' . • N.hi..,:nnl was-JM.,1 m w-n.,,11 him w...Mme IM.. �— . • -eo+r.+.y..a rot,e.r.l.L.,IS,-ne...w.,....4 11..nn,t Ynd. l e i; I. '! I _ - - - ff • 3aRLD, Inc_ Li SIq,13207 ors 1492803-1966.441 • . • 4 734Fa. p? ... Al a iIM.F..B.,I74ii..—_�.___-..___. 11,-a—.,fig, ..._.._J.-Nr.CArix-A--•.la.rm..n 106t12 J. 1Lla CAI -{ • - • whew edam'Ls L062 a truth tinily,. lnn'ent , 'a' corny of Untidily - E40e of for Err mealdvetkw of • • rJ ' Tan-doll.t..n9 Shot tcLuebie eeeatutition , In dtlfwerIi herd odd,h•w4r LMl4ef lad osier[q la l . wiLL,leit 0, nVBCA chow manna la 14.0..,heca , Nasky e< e+ - w 1 Mild .lad plats of 'Co low ido the.letleetllr mai ptepeft7 11 fit a Canons d Wood .and Metal Ce6red%to aft: Ma East half(16,1 0l gentian thlrt7(34), in'themihip one V.)North,tangs • d aletp-three (d9)Meat o!tha nth t. IS.,Skid Cetmr7, Paletada; Soother,vita on.-hat!of all of 0c.ntors right and eltle to ell oIL, re , mod ato.tal undeotyleg,sand ptwl.osi Mid, and torah=with a t.o-its Led.Intelsat La trod to all Lttini1lon walls located on the list half f65)of..Ld Faction Chitty (]0), but.peeifleallp I nasirrini to Grantor an undtvld.d one•thlyd of■aid wllp led tha oLaht of ..g and....ant tot the u otLAn pip' SLae tor.hTirtim vtat conning through laid Bettina 10. S • • • • I - • with all ill apyaeheemans,std warrant(i)chi lifla to the lama,rahiad to i • • • • 1 tlgo d tibia lash &1 d Much ib 73. • tr ed BM:LBW IN.• • . The teotadna motooruat wia adtaawiadiad kronur ea l.11h dg is adtch ,Lhl5 ,bt potent d.goo .• ;WO aaiieaa h,saust 7, 1B7ds i�Mitaltan Irad led oYAeLlawL -� �fr- • wi ' e7,- • • • aarr, wrrar-S.er.--a,.IIHY troop-0.416.4......>,11-0 r..,.a Dmne,ar,.a-lJ4 • • • • 81(IA, Inc, LG 314.13247 WE 2656259-1975.cc1 iR21d13�3a B I23S EC 02103038 06/19/89 09145 $3.00 1/001 F 1901 MARY ANY PSDERETEIR CYJR6 i REDEEMS WELD CO, CO QUIT CLAIM DEED • THIS DEED.Mkk tin 14th day or June .N89. . known W1LLLAM C. BUSCH "4' 'rowdy wL Weld end sue of Cdkazdass,gaartmt,and WILLIAM C, BUSCH and SALLY R. BUSCH. Tenants in Common �"^� , Route $1, Box 2046, Keeneshurg L-- fl rav,eyof Weld and lard.1-ce•l 1 Rmliks04. ie wryk .The re petaa4.for mad,n can iskrabe. Che,ulnn, LESS TEO $50D.00 { dg raga swd w Lions*of wren,,hanky a lwhim■ men,semod.ram,erryid aim PUTT CLAIMS.add try lie's fart`L*n ae9 -+e ra.c. tit any and au fT CLI►I1 eAtnit Faketcl. the tr'ielnc.kekkois and ram. inrevR,an the Nth.war. a.,.y.alum aid deoad whl:h rl,o Cranortr.faB IS and ea,ha rd primly.IeaIhar*LJ mgnwem•nd.I II!.WAIN.ly,np fad NMI a lilt toemy od Weld end Strad Cohener.dnnired as foams. The East half (E's) of Section thir6 (30), in Township one (1) Mart . Range sixty-three (63) West of the 6th P.M., Weld County, Colerade, Together,with one-half of all at Grantors right and title to all of gas and mineral underlying said premises; ALSO, and together with a two-thirds interest ia-L and to all irriga- tion wells located on the UPC half (Eh) of said Section thirty (30) 'i but specifically reserving to Grantor an undivided one-third of aaic wells end the right of way and easement for the existing pipe line for irrigation water running through said Section 30. �I l ,Isa trnw n try,men saki nw i•kf ar- TO HAVR Al D 1O HOLD die mac.tofriar with d I ded impair eke swimmers and piltiiepe kwasiko kikitisaa b Jrywhe m"'^"""pppreetimit.and in Lae Mk.rte.I d I.IeCer a,dtii,aMame,of En rwiti(►A dike fe karat%Qty.La I d,r R+7 ate.ae.Aq,waS rid hdnef d der pwngesL their Lain a ,rr m kaaee. IN Wf NFS5 WHEREOF.Tk nireofy Lot o,ocwd d,s dte4 La the the at Lad,ahem I . WILL BUSCH USCH+ i 3TATt Oi COLON AM. ray o( BOULDER }a riesmazonseewmeneeseasw,kipdtdorests 1.4th dam June •1989. • bigegiiiiiiteas - Busch. r k6--4',Nbt.1ikd sLpue+ weaax lemd ml official ads. 4'*9TAllr . o a / l ,Pe app +Pa,' 1 '7Napalfellimennalvm.a. ILI 146.IA.NM XIII Oars cum INA 40 w.w,.w r.t n.e,IW am. .pwm to Nam' ROA rWdxa_Iw min, Inc. 1.G SK113207 WE 2193038-1989.001 4 124J RISC J12191S68 09/12/iM 49158 55.40 11001 +1R219156b Nr, F 1842 MARY ANH reueRSTeIN CLIi1ln I A1a.'UIJDKA wimp co, co 01,1T t-I,AINt IPF.E11 37#EK ur:r:ly,��„k 111,. 9th Ir„I September hl ao 0.nu,1w-n Ld1LL7A , C. Iit15C2k +n.• ,.I Weld weld li.dir.i • • t•.«r.,s. N.! Wti.1,IAIt r. BUSCH and SALLY R. lilrSCJI. Tunznll; in Cnmon Y IY.•, r,•.n..Llr:,.,, Route P1, lic ; 2045. l:ecnohu rl; „ .._ 'i rh• [ HIIIl,.w CdC I U aryl'I,ri.'11 it'll %I IN!\\I III I l ar,h,'pr,rnl,w,,y hn dr.l Ihr+rm,lre LESS TUN $500,01 �KRi.�N9 ami.o,r.I,,..•,..hsh -A,eh,...in...s,-,rF„i-I.,,h .0•1, WI, .nld.u.m 'LIVET l'I.Arklhli.ad ay ,hot.lmr n!•.L'e 9 rvnvr. I,Lv; .,I I ...Mk".ul1,11J1 I 11151 I,nh,the parcel,1. Ch{'tr hru+wuei�'.u,lt ynJ a.uilrl,, r.n•,r .dl Ile•vrhr,„r�r. ,nl , ,I,..,, , .I rr. Iv the ro.,INow S In.mE I.Iha nvI I.hy.•re!,, I1N rh.7 1WN rryna:rl,''I,I.,1,am•uladi..i u,p,wlIOW'Idlhr t Weld Purl SUIT 5+! r',rl,l.x L,. k•..r,h•.I�.h,l I,u,. The East half (I-•'!) of Section chirtr (3n). in :o+.'nr,htn one (1) North, Range sixty-three (!,3} Wo.C of the 6th P.F., Weld County, Col ornJn; Ti,;arrhrr with nhl••-Ii,ilf of alt of t;rantorn right. ..all titto to p,:iI nnii rlincrnl underi' inr said F•runil{(•s; ALSO, and tngethcr with a two-Lhirdrl interest in and CD all rir';israred lrrin.•ILion wc'lln dn27S. #x}236, Ntk217, located on tha En st half (E':) of said Section tlliriv (34). REAL PRO;'r^T ;^'i;RI;'rl DC1:t11R'IT10N NI r Rx1:Elvio lii Clkkil AND REC=,,dWER CORRECTION DEED • a.n 3,..la,,.a;e,„d.r.I• tiI N th I III I .II an,1,nynlalh,'4!'whmdn.rig and rulloro Ilirhn1111u NIE.qpirqz srrn Ihrn,anl.,•'nv'I rri' -i:>'I.,II I Ir',,4' lit M.hlk mh-rc.lan,l,LIMA,afiaI,,'W1,rq Ihr dldriortH sift,I'1 LdN rn a4l,#I).hi 111.ink re,yrr ur.. shin dm!hb,.n.4 19 uranlei r,r. thel r tr'n,:,.1,44m 6m•hr t%WII Nr\\NtII441 I11, I n.w.n.f nh.ii ,,,.urr,lih••,k,�l 11lhr,I+h•M•1 r..nh.,hr' .r((rA r. (r . tr..•.art 111LLT�'C. �AO�CFI SIAII ill MOLDER yOR:4 (l. 1lr &)ltLDER 3•• II.•I,re kr,nn}'m,Irl rnY•M1I r�,.a Lnaa l.try,.l lvh-.'n41h�. �th ,Ill.n"i S Or1,C r .1489 . Wn I linen C. flur+ch. ,,pin I .lone b, :'i go lP kkIT.frna hortI., 1.Iitk:.dwdl Tit ' Y yi rL[�f/f }��'k �b ` ALI6L4C, -r. • A i 4 T.4l1,l lr..'r, 1-'n.1191• 9.' 19,N1..fidlc lfrlt Ii',mini II • • S1CL.D, inc. La SKL13207 WZ 2191568-1999.001 •racocdidr c a 1950 IOC 02196932 11/3015! 16,33 .15.Q0 1/003 p 0372 RUT A5A rzum28TIZIN CLAM' A OACC=114 =Lc CO. CO fr 1 awe =7=-1=7- _-= QUILT CLAM DEED ^� run map,met*thh 4.7 mer a AJi V ,P f. Im°m Robert J. Busch and Rubs L. Busch • • of Ibc .Co0aty of a} reel Waled Feud's ae0r°°ee'red Wi 511tm C. Busch and Sa11y R. Busch *WIC a i♦ Route No. 1, Bo% 2046, uevnesbui . • ittiipreda 80643 f clam3 er 4414 mdOm o(OMme4e,m'm Ok I wrrrlh7asnf,17r7 der ararrvxS ,for+ea In eualdeettms of to are et To Dai l ers ($10.00) DULLAMA the 1OCt pl ertd spfdetpacy Ot v7ib a hereby ilteardldpd,hen remised.eeMa ol,eNd,marl atef Qurrae.ra Q,and 17 Mete prelim do lento.Mew,IIIL convey erelQiJS1 Ct,A114 onto reespoireteh the I r hobs,peerMreab led g, "A.m.,en mr right,elk. Ln enrol,olakt end*Mend+tidrb die polertel We is and a else mei 3eaaee0',bond=.Ifh ' f" prprera waa.it arv,eaaese,telsa and Eriaa Ira. tow4raf Wald red I of � ' cdnmclo,descended u lndtwve: 5e Wait bit A etn rm.7t by arm ref masherII �. TO HAVE AND 1t0 W01b else fem.evoker vim e4 ad sampler d■epo re mt•ad balers trereme Ord [v L uryrrrtse drpceeo eppRmerei,.d ell me erne.dolt,We.,ieeseetEnd dabs atmereic of tee ptaea%Mmnin laser eragopl es else ably props ula,basalt ad Mica'or d!e pnetreefeh their kilo and TAN RPu P7 NT 1119 wftt,7l50F.Ilo macrte}1n auesthd&laawl a uw91se en out ehha., � r . to,cif' .tzw . Rabort J. EBI9Ch Rub L. Busch run 4l!cOLCIlt Dqt Is • The bw maw sniopi � +aoebenesipol medal/3)4 sigi � J .1977, hr Robert J. Busch acid Rlubt L. Busch oil Jo P.►sIrmo ray pled rrdAlisior wale ' Or r Wei Dewar.keen-Cry cad.` ria 1113.enlace Door rue[ e.Wips!IW,.Y*.1117 Ubn■..ate,r.l9 min—rummages—t}a SEM, Inc. LG 516,13207 PIE 2198932-19139.001 s 12550 MSC 02198932 11/30/99 16133 815.00 2/003 ' P 0573 NAPS ANNYMUISZWEIN MAIL i kACOk iex WILD CO, CO • zNIr A We TIM WWI Clink DAD The following described Propertyi Lot 2, and the R1/2 of the BWI f 4, end the 5E1/4 of Section 7, also known as the S1/2 of Section 7; end the E1/2 of Section 30, all in Township 1 North, Range 63 West of the 6th P.M. Togathex with all end singular, the her sditements and appurtenances thereto belonging, or in anywise appertaining; including, but not limited to, any and all fixtures, fences, any and all easamente, rights-of-way, or other rights of access used in cc unction with the Property, any and all growing crops, trees, and shrubbery; and Together with all water and water rights, ditches end ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non-tributary and designeted and non-designated, on, under, appurtenant to, or used on the tends herein described, including but not limited to the following: the water rights represented by Noll Permit No. 236- R, aleo referred to Final Permit No. 31519-Fp, Wall Permit No. 235-R, also referred to Final Permit No. 31518-FP, wail Permit No. 237-R, also referred to Final Permit No. 31520-FP, Well Permit Mo. 13205, and Well Permit No. 69377, and ell interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above. Including any and all easements and rights-of-way associated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of meter to the Property, discharge of water from the Property, and storage of water off of the Property; and including all headgatee, flumes, diversion structures and measuring structures, pumps, meters and other property used in delivering water to the Property and measuring water used on the Property, and specifically including, (Al all interest in the pipeline for Irrigation water as reserved in the deed recorded on March 19,1975, as Keoeption No. 1656259�,��((B)) all interest i the emits described y�y in the rec documents orded at Book 1028, Reception No. O1965OOO, Book 570, Reception No. 1491695, and Book 1057, Reception No. 01997476, in the offices of the Weld County Clerk and Recorder; and 1 SAID, Inc. LG £KL13207 WE 2299932-1989,002 - - - • •. • B 1250 RiC 02198932 11/30/89 1$i33 015.00 3/103 P 0574 MARY ASS PRUS28 '2121 CLERIC & RECORD= pia Co, CO Together with any and all personal property, fixtures and other • itenS used in conjunction with cr associated with the foregoing • property, and specifically including all well pumps and irrigation equipment; and Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof, gravel, send and coal, in, under and upon or that might be produced from the described ].ends; except for an undivided one-half interest in all oils gas and minerslw underlying the 51/2 of Section 30, Township 1 North, Aare 63 West Of the 6th P.M. as retained in a dead recorded on Book 734, Reception No, 1656259, in the Books and Records of the Weld County Clerk end Reoordtx. • SIOLD, Ina. LG $c,13207 WE 219e932-1989.003 - —yam, Al 1�aR0y R x,290 .021511921I11/90!00 1.6s96 4.20.611 1/004 ! 0610 Min MIN YIQsitsrl 1 CU= I RIICDRA90l 1!ZLD CO,t CO ' TE®000.made 29 rh gild November •If 89 , hewn William C. Busch and Sally R. Busch fltateu I afro s...,11 ,..,.»..........» �I 11d�r t' M Cain Ranch a limped partnership orgintzma ed and existing under the taws of the State of Nevada and '1 registered and doing business in Colorado as Colorado 1 ,.iwl.wl miaow la White MOuntlln Ranch, Ltd. CIO One Park Centre I 1333 Bait 120th Aweriui Suite 211 Denver, Colorado BD234 i. ate Comm d Weld ,ie..0 Crl.ada pawe.d.Y vh...iml.Thwale_g.Lwa4 ex ma r ordwa.woe taw el One Million Two Hundred Thousand Dollars ($1.200, s` VVV 004 danaaml a.arAdraYar.lal',l.loabyoboaIelpId. p..Lvied.I.M.edar.,;tel.raly lrl..I I.ar pm. I �Alce1� hrpa,,.a,ono*Wad exam,�,a�,i to wP loom otl dr art pop.,q,,ererx ode impaaeesea row imam Mat rd sth1 a W. coil d Weld ,allw of Cafwaer. or04 eaaihd.Mao. i Xj.CA I; See the attached Exhibit A. I ;l Ow Y.wn hr woo al~ft r: iuorriIIi war as and Wool IN lie aa.i.r..ad apll4l.e.ew..w.o,Nolaulaa.or ia.gada.panwlpY4,mil do troodoe rd naanah .reeeaYe r Wad afflakdom maw.Mara d Mlatil Silied,Sit dl an aillw,rya,den IEr,(LW"and d ow+d iadooiair die I n..ri.l.Fa..I.Iw R Nara.O.ie aedaa dm dot Yargaloa Ir.••or.rara ib<Lirmeer rad men. TOLoaVEMOTO BOW in old mama abort haploid maiirind midi*aimarnaO.■rIW. LS.1t15LICC Polo boot.v.4 aa rraH.►a them.0 a5. the i rehv aaa priori ofammosloo.as a..e.R era eri..a,ra agar batl Oda dorrrdd its 1.k,eeropr.dsr,h.Wwediear.aLaed ddl.wrdiw pweti they here "i =bad a ltirpemie Owl co-mooed.use tom.ma,pant Amide led ide&salYe awed teatermw•a law li IN amok,re have red agar,hdlpa.era,rd.riMWltrpapar.crook,alia.d croup Emma a wart lad boo.regrld.Raft seism wpm o d d r Poo know d odor ywl,nusaba,r..Poo.aua,aLw+raeb.aoce,meooei.ae a.eeedon of roam tlr w row..we,, . e . See the attathed Exlhlbit A. • Theron ow AND ceowgaM L4WPwerd"50•95 r,wdp.e.wiier.Pwlpealse poawe►Its lhaa.mot,ralsal:4am wawa prima balsa?aarragaavawsorlayPne,reol. IN MRYm a l WlpoiaryR ax re.arcl,a we .eeari der Wra w a•oleo eW tae aeon. if/rfAirihn(l ' ii Il nee 61,=CO MM carille reWald 1 .' The i raedag h.w..aa...a wi o-Y.ra wo e.AO 2 Pa ..i.a Ifavavi6rx ,pa 59 , , by Wi111aa C.'&ICJi and Sally R. Busch µr .e....as4 i,lip:'...,.ediroprber 1, 1990 Maur log lad rd*MO.Y. PP'S�rGI.+^ �It,tir l • '� I �rft.,V[E r.Ial i� • ' z.' o• 1119 10th avenue I . ,.., creileyk co10 edo 60611 Pie,In.RXv.145 m1sA1InT lam Son.wl•brie le a...,.,.wrl..1,.1 q.,.i_Dm.CD rake—I%317 a.bra—MI SAID, Inc. L6 SAL13207 WE 2196936-1989.00Y 8 1260 ROC 02198936 11130/69 16:36 '20.00 2/004 P 0581 WRY ANN P3iJNRBTEIN cum & XMC 0M08k WSLD CO, CO maul 'T A WO TEE WSRRUYY DEMO The following described Property: Lot 2, and the R1/2 of the 8111/4, and the SRI/4 of Section 7, ale° known as the 8112 of Bastion 7s and the 51/2 of Section 30, all in Township 1 North, Rye 63 west of the 5th P.M. Together with all and angular, the hereditament' and appurtenances thereto belonging, or in anywise appertaining including, but not limited to, any and all fixtures, fences, any and all easements, rights-of-way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery; and Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells arid, well rights, both tributary and non-tributary and dee.gnated and non-designated, on, under, appurtenant to, or used on the lands herein deaaribed, including but not limited to the following: the water rights represented by Well Permit No. 236- R, also referred to Final Permit N0. 31519-FP, Well Permit No. 235-R, also referred to Final Permit No. 31516-FP, Well Permit No. 237-R, also referred to Final Permit ho. 31520-FP, Well Permit NO. 13205, end Well Permit No. 69377, and all interest in the 8enrylyn Irrigation District end water rights within said Dietriot assoaleted with Or appurtenant to the land described above. Including any and all, easements and rights-of-way associated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property. and Storage of water. off of the Property; and including all heedgates, flumes, diveraQion structures and measuring structures, pumps, meters and other property used in delivering water to the Property and measuring water used on the Property, and specifically including, {A} the pipeline for irrigation water as reserved in the deed recorded on March 19,1975, as Reception No. 1656259, (8) the easements described in the documents recorded at Book 1028, Reception No. 01966008, Book 570, Reception No. 1491695, and Bonk 1057, Reception . 01997476, in the offices of the Weld County Clerk and Recarde end i�'�i $4edd eadiu' 'c s444 it,�iiR e ai ) +0; 'letdo ! ire' aaP%j.wn .30 tfaa 4 • ,14 L.AY-Di 67244 ;Ise 11-Y odd NR.r..< 4-, Me. r 8'ak 64./ fi c4 'i. We Ar5v.rva-a,a• fr-"i t.A.r/+4r••fir, SAID, Inc. LG SML23207 WE 2292936-1989.002 B 1250 MSC 02198936 11/30189 16t36 020,00 3/004 F 0582 NASt3[ AMU PBOEBSTBIS CMS & RSCURD R WELD CO, CO Together with any and all personal property, iistuzaa and other items used in conjunction with or asaoOidtwd with the foregoing property, and spatificsl.ly including e11 well pumps and irrigation equipment; and Together with all minerals of whatever kind or character, including but not limited to, all oil end gas end constituents thereof, gravel, eand and coal, in, under and upon or that might be produced from the described lands; ix:ait►di,ng, but not limited to, all interest in the Oil and Gee lease between William C. Busch and Sally R. Busch, as Lessors and Donald 1. Foster, es Lessee, for a primary term of two years, dated October 25, 1980, and recorded October 3O, 1950 in Book 918 as Reception No. 184O2O2, and any interest therein or rights thereunder: and the extension of the said lease as claimed by Affidavit of Production, filed pursuant to Section 38-42-1O5, C.R.B., by Griffin Oil and Gas Inc., and recorded August 15, 19$3 in Book 1004 as Reception No. 1937115, and the ratification of the Oil and Gee Lease dated November 21, 1980 and signed by William C. 8uaoh and Sally R. Busch and Robert I. Busch and Alibi L. Busch, and the Ezteension of Oil and Gas Leese dated February 8, 1982 and signed by William C. Busch and Sally R. Busch and Robert J. Busch and Rubi L. Busch! except for an undivided one-half interest in all oil, gas end minerals underlying the E1/2 of Section 3O, Township 1 North, !range 63 Neat of the 6th P.M. as retained in a deed recorded on Book 734, Reception No. 1556259, in the Books and Records of the Weld County Clerk and Recorder. The Property is subject to the following restrictions and limitations: 1. Rights of way for county roads 30 feet wide on each side of Section and Township lines, as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 In Book 86 at Page 273. (Affects ell of sublet property) 2. Reservations by the Union Pacific Railroad Company of (1) all oil, coal and other minerals underlying subject property, (2) the exclusive right to prospect for, mine and eve oil, coal and other minerals, and (3) the right of ingress and egress and regress to pre:agent for, mane end remove oil, coal and other minerals, all as contained in Deed recorded November 29, 19O7 In Book 233 at Page 128. (Affects 81/2 of Section 7) 3. Reservations of (1) right of proprietor of any penetrating vein or lode to extract hie ore; and (2) right of way for any ditches or canals constructed by authority of United 2 SILD, Inc. La SKL13297 WE 2198936-1989,003 B 1250 MSC 02198936 11/30/89 16:36 p20.00 4/004 . • I 0583 NARY ANN FXDIRS'TSIR CIAM 6 RICO11D!!R WNW CO, CO States, in U.B. Patent recorded April 5, 1911 in Book 131 at Page 425. (Affects N81/4 Section 3O) 4. Reservation of right of way for any ditches or canals constructed by authority of United States, in U.S. Patent recorded November 25, 1916 in Book 385 at Page 192. (Affects 881/4 Section 30) 5. Basement and right of way to construct, operate and maintain an electric transmission line, with all poles. Cross arms, ambles, wires, goys, supports, fixtures and devices, as granted to the United States of America by Allen G. Abbott, in the Instrument recorded March 15, 1951 in Book 1297 at Page 529, affecting the following described property: Beginning at a point on the West line of said NB1/4, Section 30, being 1421 feet South of the North quarter-corner of said Section 30; thence 589'57'8 a distance of 2717.3 feet, more or less, to a point on the east line of said 881./4, being 1434.5 feet South of the Northeast corner of said Section 30. Said easement being 37.5 feet of either side of the herein above described centerline. 6. Basesenta on behalf of Mountain Bell Telephone Company, reocsrdad October 1, 1981 in Book 949 as Reception No. 1810705; Colorado interstate Gas Compares, recorded Auguat 31, 1984 in Took 1041 am Reception No. 1979784: Associated Natural Gas, Ina., recorded April 10, 1981 in Book 1229 as Reception No. 2175917; Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084: Western Slope Gas Company, recorded march 9, 1983 in Book 990 As Reception No. 1919767; end Western Gas Supply Company, recorded April 2, 1985, in Book 1063 es Reception No. 2004300. Grantor further reserves the right (1) to remain in possession of the principal residence through February 28, 1990, without payment of rent to the Grantee, (2) to remain in possession of the secondary residence through February 28, 1990, without payment of rent to the Grantee, (3) to store crops harvested from them above-described land during 1989 in the storage facilities located on the land until April 1, 1990, (4) to store farm equipment on the above-described land and conduct a sale of the farm equipment on the above-described land until March 1, 1990. Grantor shall bear all risk of loss, damage or injury associated with the use of the a Ove-described land after the date of this Warranty Deed. 14,1 3 . I66 91rLn, Inc, LG SKL13207 WE 2188936-1969,004 N AReei♦emr ..- 8 1263 UC 02212700 05/03/60 16127 w150.00 1/030 - 1 0001 MAZY ANN PSOU OTiie! CLOUT i 61100MDIRR 1411.0 CO, 00 'l Wield AiM1•Y OM I T1U i OD ,Glares, 16th ape *MI ,0 !0 , .• r„o..tlhits lbuntsln Ranch, a limited partnershlo oegani i and Rxietin9 under the lass of the State 0f Masada and. OYef 0egkrailiery Fee I rsola iriMou.O ,end 00In busisinesa in Colorado as Colorado Dim �4:T . ; Wnita ..,._ 'I a Adanra S�� _ Q ,i,, e Peak Fans, Ltd., a Color.ao l imi pa ship - I' `, �' "-woww, coo OPR Park Centre III 1333 Mast 120th Avenue Sulte 211 f Denver. Colorado il, il wet Corn a Aches .Oro a nuaw man. vei aartu,RarM•ur,arNIrriodiwiiifrDm.r Four Mil Dion Four ; and Two Hundred Tarty !billet (11.0/0,120.00)...-»...-. x.. beg&rapmw.g.WMr- .Mere pa^u. iti RATA Mr"Mimi won.wpm*0iygwaMr., irday,urri.Vala.l.grr c .r Weld .idawoisr. .earl.)■r iew I Sat the attached Exhibit A. II • k • • n i • 1 1041111111*Si sl awl,gibe iii,1a.rlaeia al, gym Wear Ibisais,it i,WOW rep a,on i rinno in ' monism eiia lr rod issiilin,u.e,man aai psi ism;al y1 it isne,q/a,ilia.MONK skis.cl lima!vr4arred i E peaeip,ewer r s r weft,MAN M.O.dips Nawii perm,.,,rs 4.Mim or or,sera., 1f :O MOW IMO IPROA fttlaltlyour,Mocrram�.dMAissa.k+iiis �isorerl.l its pro, 1 +dl*ra+nm,Aare grommi0.,kr its �� , au r.pwm.run.o i Y.a in.m.dolinit r .k Its �i.raiii.hr..aeegemSei ,arrknpe,ers. It is ill .i.d.r r.erer ion Am rdveL IN pep,our rr._Mare r.ira,r..lba,wrm d M3.io-r Ir,4 f o ANA,ad lay Iw,r dull.NI pope:al ors*wpm,banorraaaa.soy Om..eo MM.MI farrbi snide or Milk gym a la rd dm kai isms orod.raerm Mr.-Mo.bar WOE.410.,i.MI., a*.NW aicionof Ar.=load arse rum mom I I See the attached Exhibit A. 1 1' ,• TSe�io..elg��y�yar�.;i .... lI[ARUEORh1'13Gr MDIMMwou mils Mi ro.ar mammalepeaam�arr. ICI rolo N, it3 --Zr lei tipe...aar Moor Wi.r moor krai cl4i.didc wogFerl.wt . IN WIITILIS WlIERECfi In pa.tr Ial l.s semi dim&Elm rr+r,re rwi bpc White Wuntain Ranch, a limited partnership i organized and existing under the laws of the State of 1lerada and registered and doing .. -I business In Colorado as Colorado lilite ;•• Mountain Ranch. ltd_ Oy: r-7,-- {,. Rai 1 a>f 1 ever,. -- . General Perth rt0, 3 Pew York } — i ('.x ila.> 111 lit bruin,awd', Sine .a. Ir..,eOr Ei•Ta. awe {1':: ; ,g * , I '7 William M. Weaver. dr., as Cenral Partner of White Icmitatn Ranch. a United I My comics ro sayers wne,m.a et,Ira ad elfav sat ' ;; •partnership organized and existing under the laws of tile�5t'a�� Nevada and 'I of registered and doing business in Colorado as Colorado 'Mite* ntain Ranch. Ltd. fI 'n b.oaa._J�n-.1 -. ELM A. ii abbot rtitlri.ere d rim'AN* I ----"--.._.—_ - lr,94.0t21.440 No.sit IM S.ai. raa1 rn Imo.ear rYarr+Mrar®b L'as a t°�ieaf E.pC Si.Slew rpm.Efar+Mr 1O4%lei A,.Rt.—m-05 MOM—Uas1 Y rva—4tl SKUJ Inc, LG 5E113207 WE 2212709-1990.001 1 1263 RIC 01219709 03/03/90 11127 0100.0 CD,0 P 6001 MART � C�a 6 � CO A TO TNZ SIMMUDITT DUD The property shall include the followingt MILLI Parcel 1: Lot I of Secaadad Ism ption No. 1477-30-2- 52564, recorded August 10, 1912 is Book 974, Reception 1o. 1900026, being a pert of thop 11/8 of the al/2 of Section 30, !ownehip 1 North, Rangel 63 Meet of the 6th F.N., Meld County, Colorado. Parcel 21 The W1/2 of motion 29, Toenshir 1 North, Range 63 Hart of the 6th P.M.. Weld County, Colorado. Together with all and singular, the hereditament, and appurtenances thereto belonging, or in . arlpwise appertaining; including but not limited to. any and all fiztuzea, all other homes end buildings, mobile ho■ee, harm, fames, any and 011 aasementa, rigtts-of-way, or other rights of acorn used in conjuration with the Property, any and all growing crops, trees, and shrubbery; and Together with all water and water right*, ditches' and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and sell rights, both tributary and non-tributary and designated and mn-designated, on, under, appurtenant to, or used on the land herein described, including but not parted to the following: The water rights reprasmatei by Well Permit No. 464-FP (farmer Permit No. 464R), Wall Permit No, 467-FP (forger Permit Ma. 467R), v.11 Permit No_ 8533-FP (former Permit bb. 8533R), Well Permit Hr. 8534-PP (former Permit No. 8534R), and Nell Permit No. 8535-FP (force Permit No. 8535R): sod All interest in theylyn Irrigation District and water rights within District associated with or `` appurtenant to the land described ; The water rights represented by Nall Permit No. 30635 and Nell Permit No. 135893-a (former Permit No. 135893). Including any and all eats and rights-of-way associated with the water land water rights, including, but not limited to, easements and rights--of-way for the carriage of water to the Property, d_scharge of rater from the Property, and storage of water c.ff of the Pro ty; and including all headgates, flumes, diversion structures end measuring structures, pumps, meters and 914.D, Inc, LG 3E113267 WE 2212709-1993.002 R 1263 RIC 02212709 06103/90 16127 ii150,00 3/030 P 0003 NARY MN PR SIN CLERK A INCORDSR imw 9.0, CO other property used in delivering water to the Property and measuring water used on the Property; Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoin; property, and specifically including all well pumps and irrigation equipment; end Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof gravn's, sand and cool, in, wader end upon or that might be produced from the described lands) including, but not limited to: (a) All interest in the Oil and Gass Lease between Johnnie Jaksl, Robert T. Jskel end Jam R. Jakel, as Lessors, and Energy Minerals Corporation, Gasses, for a primary term of three (3) months dated February 5, 1981, and recorded February 10, 1981 in Book 927 as Reception No. 1849265: and the extension of said Lease as claimed by Affidavit of Lease Extension or Production, filed pursuant to Section SS-42-106. C.R.S. , by Energy Minerals Corporation, dated June 8, 1981, and recorded June 15, 1981 in Book 998 as Reception No. 1860496 (covering the W1/2 of W1/2, Section 30); (b) All interest in the Surface Lease between William R. Bell, Lessor, and Crystal Oil Compete, leases, for a primary term of two (2) years, and thereafter on a year to year basis, dated May 18, 1981, and recorded August 14, 1981 in Book 944 as Reception No. 1866275 (parcel of land in the SW1/4 of Section 29); (e) All interest in the Surface Lease between William H. Bell, Lessor, and Damson 01 Corporation, Lessee, for a primary term of two (2) years and thereafter on a year to year basis, dated April 14. 1382 and recorded October {. 1482 3n Book 979, Reception No. 01905324 (parcel of land in the SW1/4 of Section 29); (d) All interest in the Surface Lease between William H. Bell, Lessor, and Damson Oil Company, Lessee, for a primary texts of two (2) years and thereafter on a year to year basis, dated May G, 1982, and recorded October 4, 1982 in Book 979, Reception No. 01905323 (parcel of land in the S'W1/4 of Section 29); (e) All interest in the Surface Owner`s Agreement between William R. end Carol C. Bell, Lessors, and Champlin Petroleum Company, Lessee, for a period of one (1) year or 1ong:Ir, dated 3eptea1ber 30, 1903 and recorded November 30, 1983 2 98IS7, Inc. LG 51Q.13207 4P% 2212709-1990.003 B 1263 RIC 02212709 05103190 16:27 *150.00 4/030 s 0004 NARY ANN rsulassum CI.BRK At RECORD= WELD CO. CO in Book 1014, Reception N0. 01948340 (covering the NW1/4 o Bastion 29); (f) Any and all after-acquired rights, interest as reversions to said minerals, including but not limited to mineral rights to revert to surface owner fifteen (15) years fro August 20, 1982, as reserved by Janes R. Jekel and Reran R. Jake in the Deed to William H. ■e11 and Carol C. IsU, recorded Augue 20, 1982 in Book 975, Reception No. 1901408, and mineral right to revert to surface owner twenty (20) yarn from March 28, 1974 pursuant bo a Warranty Deed from Darla L. Abbott to Left 3ahlagel ari Alberta J. Schlegel, recorded April 3, 1974 in Boo 711, Reception No. 1633293■ The property is subject to the fo3lowing rastrict+on■ an limitations: 2. Rights of way for County Roads thirty (30) feet wide o each side of section and Township lines, as esteblidhe by Order of the Board of County Cm:missionsrs for well County, recorded October 14. 1889, in Book 86 at Page 273. (effects Parcels 1 and 2) 2. Basements on behalf of Mountain Bell Telephone Company • recorded October 1, 1981 in Book 949 as Reception No 1870705: Colorado Interstate Gas Company, records' August 31, 1984 in Book 1041 as Reception No. 1979784 Associated Natural. Gas, Inc., recorded April 10, 198 in Book 1229 es Reception No. 2175917; Public Service Company of Colorado. recorded November 9, 1981 in Boo: 952 as Reception No. 1874084; Western Slope Gay Company, recorded March 9, 1983 in Book 990 a Reception No. 2919757: and Western G s Supply Company recorded April 2, 1985 in book 1063 as Reception No 2004300. (affects Parcels 1 and 2) 3. R;:tserwation Of right of way for any ditches or canal constructee by authority of United States, in U. S Patent recorded April 26, 1926 in Bock 460 at Page ;53 (affects Parcel 1) 4. The Distributing Ditch, and any and all rights of wa: therefor, as evidenced by Nap and Statement file August 24, 1911 es Filing No. 169692, insofar as thi ' same may affect subject property. (Affects Parcel 1 ) 5. Easement and right of way ₹o ec.astruct, operate acs maintain an electric transmission line, with all poles cross arms, cables, mires, guys, supports, fixtures arm devices, used or useful in the operation of said line. I. 3 GELD Inc. LG SH7,13207 Iff 2212709-1990.004 1 B 1261 RSC 02212709 03/03/90 16'27 V150,00 5/030 Y 0005 WIRY ASV PROUST= CLIRR i RRC SOsR HELD Cos CO as granted to The United Stets! of America by John Mal and LiVern I . Jebel, in the instrument: recorded April 21, 1951 in Rook 1301 et Pegs 112, affecting the following daso ibed property' The center line of the route of said line of poles and wires to be erected across said lands shall be as follows: Beginning at a rt on tdre sleet Line of said NVf1/4, Section being 1374 feet •South of the Northwest corner of said Section 25) thence S$9.s7'S a distance of 2645 feet, more or less, to a point on the last line of said N11/4, being 1388.6 feet South of the North quarter-corner of said Section 25. Beginniap again at a point on the Meat litre of said M1/2 PMM/4. Section 30. being 2305.5 feat South of the Northwest Corner of said Section 302 thence 0309°57t1 • distance of 1303.7 feet, more or less, to a point on the Rest line of said N 11./22�X1111/4, bRirn�g�i12A6.3..33�,feet tatSouth of the N orth line of said Section 30, whence the Northwest corner of said Section 30 beers N45•00'W 1846 feet. Said easement being 37.5 feet of either aide of the above cewtsrline. (Affects Parcel 1) 6. All Mineral Rights not previously reserved to revert to Surface Owner 15 years from August 20, 1982, as reserved by Jams R. JaMel end wen L, Jelnel in the need to William K. Sell and Carol C. Sell, recorded August 20, 1922 in Book 975 es Reception No. 1901408,, and any interests therein or rights thereunder. (Affects Parcel 1) 7. Reservations by the union P60ific Land Companyr of (1) all oil, cowl and other minerals underlying subject property, (2; the seclusive right to prospect for, sins- and remove oil, coal and other minerals. and (3.) the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed recorded September 18, 1908 in Rook 233 at Page 163. (affects Parcel 2) 8. All rights of way for e11 rem—wars, canals. waterways and ditches that are now upon said premised or any part thereof, together with tea right to operate, maintain and repair the same; also the right two construct, operate and maintain over, upon or across said land 4 91CI.6, Inc. LG 9XI,13207 WE 2212109-1840.605 s 1263 22C 02212709 05/03/90 16,27 0.50.00 6/030 P 0006 MARY ANN f OZRSTB1p CLARK & Co, CO such canals, ditches, laterals end waterways of such dimensions and capacities ns ■oy be requited for the proper irrigation of other lands, now owned by the f i rst perry, together with the right of ingress and egress along, upon, over, and to and from said canals. ditchme, laterals and waterways, as reserved by Chieagu Title and Trust C ady by instruments recorded April 26, 1928, in Book 847 et Fags 202 (Affects 8W1/4 MO Section 29)1 recorded April 26, 1928. in Book 847, at Page 204 (Affects Ine1/i Se1/4 Section 29); and recorded August 17, 1932. in Book 936, at Page 124 (Affects N21/4 and 21/2 SW1/4 Section 29), (Affects Parcel 2) 9, Basement and right of way to construct, operate and maintain an electric trexspsission line, w'th all pales, cross arms, cables, wires, guys, tea, fixtures and devices, used or useful in the operation of said line, as granted to The United States of America by Viola D. Sargent. In the instrument recorded March 30, 1951 in Book 1299 at Page 169, affecting the following described property: The South half of the Northwest quarter (81/2 Nl11/4). Beotfon 29, township 1 Worth, Range 63 West of the 6th Principal Meridian. The centerline of the route of said line of poles and wires to be erected across said lands shall be as follows Beginning at a point on the Want line of Raid S1/2 M11/4, Section 29, being 1434.5 feet South of the Northwest corner of said Section 29: thence South 89'55' Seat a distance of 2686.6 fast, more or leer, to a point on the Best line of acid 81;2 feel/4, being 1439 feat South of the North Quarter-corner of said Section 29. Said Easement being 37,5 feet of either aide ,,.,f the hereinabove described centerline. (Affects Eire e1 2) 10. A Deed of Trust from William H. Hell and Carol C. sell to the Public Trustee of veld County. Colorado for the use of the Federal Land Bank of Wichita, Wichita, Names, to secure a promissory note in the amount of Fitts Hundred Fifty-Sic Thousand Dollars ($556,000.00), dated August 17, 1982 and recorded August 20, 1982 In Bank 975, Ileception Nis. 1901409. (Affects sa ceis I and 2) 5 91[LD, Ina- LG S1SL13207 MS 2212709-i990.006 1363 RIC 03212709 85/03/80 16:27 6150.001 7/030 7 0007 MARY MN TBUUSTEIN CLERK 1 RECORDER W!T 0e), CO 11. Security interest under the Uniform CoMasrcial Code affecting the subject property as indicated by a • Financing Statement from William H. Sell and Carol C, Sall, debtors, to the Federal Lend Bank of Wichita. secured party, filed August 20. 1982 as Filing No, U0176573 and recorded August 20, 1982 in Book 0975, Reception No. 01901410. (Affects Parcels 1 and 2) FL 9. 1 Parcel 11 The x111/4 of Section 18, Township 1 North, Range 63 West of the 6th P.N., Weld County, Colorado. Parcel 2t The 1481/4 5f Section 24, Township 1 Worth, Range 64 West of the 6th A.M., Veld County, Colorado. Together with all and singular, the hereditament* and appurtenances thereto belonging, or in anywise appertaining: includim but not limited to, any and all fixtures, all other homes end buildings, mobile hoses, barns, fences, any and all easements, rights-of-way, or other rights of access used in conjunction with the Property, any and e11 growing crops, trees, and shrubbery; and Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells end well rights, both tributary and non-tributary and designated and non-designated, on, under, appurtenant to, or used on the lend herein described, including but not limited to • the Following: All interest in the Renrflyn Irrigation District and water rights within said District associated with or appurtenant to the land described above; and All interest in the smell capacity wells represented by Periait Nos. 81267 and 81268, and any other wells located on, or appurtenant to, the land described above. Including any and all easements and rights-of-way associated with the water and water rights, including, but not limited to, easements and rights-ot-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property: and including all headgates, flumes, diversion structures and measuring structures, pumps, meters and other property used in delivering water to the Property and measuring water used oat the Property; 6 ',SKID, L . LO 8KL132O7 W3 2212709-1440.607 s 1263 MSC 02212740 00/03190 16:27 *150.00 S/03O r 0001 IIUX ARM PROIRSTWIN CUM i RSCOMOIR WILD CO, CO Together with g any end all pummel property, fixtures and other ' items u conjunction with or associated with the foregoing property, and speoifieally including all well pumps end irrigation equipment; and Esther with all minerals of whatever kind or character, including but not limited to, ell oil and gee and constituents thereof, gravel, sand and cosl, in, under and upon or that might be produced fray the described lends, now own or hereafter acquired: including, but not limited to: All right, title and interest in the Oil and Ora Lease between William W. Nell and Carol C. Roll, Lessors, and karmic Oil and Gas Compeny, Lessee, fora primary tern of two (2) years, dated march 1, 1981 and recorded April 7, 1981 in Book 932 as Reception No. 1854477; and the extension of said Oil end our L,ses es claimed by the Affidavit filed pursuant to section 38-42-106,A C.R.S., by Carl . flout, dated novesber 19, 1982 and recorded November 29, 1982 in Book 982 as Reception No. 1909811; and All right, title and interest in the oil and Gas Leese between William 1. Sell and Carol C. Sell. Lessors, and Griffin Petroleum Company, LSMsss, for a primary term of three (3) years, dated August 31, 1981 and recorded September 21, 1981 in a ck 948 an Reception No. 1869682. The property is subject to the following restrictions and limlitatiofs t 1. Rights of way for County Roads thirty (30) feet wide. on each aide of Section and Township Linea, as established by Order of the hoard of County Commissioners for Weld Canty, recorded ootaber 14, 1889 in Book 86 at Page 27', (Affect* Parcels 1 and 2) 2. An undivided 1/2 of all ail, gas Coed other minerals. . and mineral rights as reserved by The Federal Land Bank of Wichita in the Deed to Orville B. Shaklee, recorded August 28, 1942 in Book 1098 at Page 97, and any interests therein or rights thereunder. ;Affects Parcel 2) 3. Reservation cf right of way for any ditches or can el ss constructed by authority of United States, in U.S. Patent recorded !larch 8, 1917 In Bonk 460 at Page 10, 7 SKLL7, Inc, LG SHL13267 WE 2212109-1996,gQ8 3 1253 RAC 02212709 05103/90 16:27 [1150.00 91030 t 0009 MARY ANN 1BUS81 TBIl CLIAR 4 RECIMUMIR WNLD CO, CO (affects Parcel 1) and recorded April 19, 1916 in Nook 385, at Page 164. (Affects Parcel 2). 4. Right of wey 50 lest wide as granted to The Chicago ur11ngton and Quincy Railroad Carl my by Right of Way Deed recorded July 9, 1920 in Book 779 at Page 242. NOTE: Said right of way is on the Southerly side of end ed,j oir cq the center line of the beet spur tract as now surveyed over and across said Land. (Affects Parcel 1) 5. Existing railroad right of way as evidenced by right of way deed recorded July 9, 1925 in Book 7Th at Pegs 242, the exeot location is not disclosed of record. (Affects Parcel I) 6. The Shaklee Ditches and a right of way therefor, as evidenced by map filed December 27, 1927 in Hook 6 of Nape at Pegs 93. (Attach; Parcel 1) 7. Right of way 50 fret in width along the North line of said quarter section to the C.a. and Q. Railroad Company as ease is now located, reserved in bead from First National Bank of Greeley, Colorado, Trustee to LeRoy Schlegel end Alberta J. Schlegel, recorded December 28, 1973, in Book 705 as Reception No. 1627422. (Affects Parcel 1) 8. Oil and gas lease between William H. Bell and Carol C. Hell and Noreen Oil and Gas Co.. Denver, Colorado dated March 1, 1981, recorded April 7, 1981 in book 932 as Reception No. 1854477, and any intere.te therein or rightb thereunder. (Affects Parcel 1) NOTE: Ert nsion of the above lease as claimed by Affidavit of Production, purr' ant to Section 118-13-6, C.R.S. 1963, nom referred to as Section 38-42-106, C.R.S-, by Carl. A. Houy, recorded. Noveer 29, 1982 in Book 982 as Reception No. 1009811. 9. Oil and Gas Lease between William H. Bell and Carol C. Bell, Lessors, and Griffin Petroleum Company, Lessee, for a primary term cf three (3) years, dated August 31, 1981 and recorded September 21, 1981 in Book 948 as Reception No_ 1869682, and any interests therein or rights thereunder. lAffects Parcel 1) a SIcLD, Inc. LO M13247 WE 2212709-1990.0c; 3 1263 EEC 02212704 05/03/90 16i27 V150.00 10/030 F 0010 MANY ANN FEUERET'ELN CLERK i RIDER WELD CO. CO 10. Deed of Trust from William H. Bell and Carol C. Bell to the Public Trustee of the County of Meld for the use of the Feral Lard Bank of Wichita, to manure Five Hundred Fifty-Six Thousand Dollars ($556,000.00), dated August 17, 1962 and recorded August 20, 1962 in Bo-Sc 979 as Reception Mo. 1901409. (Affects Pamela 1 and 2) 11. Deed of Trust from Willis. N. 8el_. and Carol c. 8111 to the Public Trustee of the County of field for the use of the Federal Lend Bank of Wichita, to secure Two Hundred eleven Thousand Diallers (8211,000.00), dated March 26, 1.984 and recorded April 12, 1964 in Book 1026 as Reception Pb. 1962842. (Affects Parcels 1 and 2) 12, Agreement for Pipe Line Across Bight of key between Chicago, Burlington Quincy Railroad Corpany and Robert J. Busch recorded on February 4, 1985 in Book 1057 under Reception No. 1997476. ( (Affects Parcel 1) PARCIL C.: Parcel It Lot 2, and the S1/2 of the SW1/4, and the 681/4 of Section 7, also known as the 81/2 of Section 7, Township 1 North, Range 63 Meat of the 6th P.M, , Weld County, Colorado. Parcel 2x The E1/2 of Section 30, Township 1 North, Range 63 West of the 6th P.11., Weld County, Colorado. Parcel 3: A perpetual right of way and easement over and across the West 16 feet of the SE1/4 of Section 18, the West 16 feet of the HB1/4 of Section 18, and the West 16 feet of the 81/2 of Section 19, ell in Township 1 North, Range 63 West of the 6th A.K. , for the purpose of installing, operating and maintaining thereon a water transmission pipel ine. - I Together with all. and singular, the hereditawents and appurtenances thereto belonging, or in anywise appertaining; including, but not liaited to, any and all fixtures, fences, any and all easements, rights-of-way, or other rights of access used in conjunction with the Property, any and all growing crops, trees, and shrubbery; and Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non-tributary and designr?.ted and non-Aeslgnated, on, under, appurtenant to, or 9 SKIM. Inc. LO 8ECL13207 W 2212749-1990.01C R 1263 ARC 52212709 65/03/96 16:27 4150.60 11/030 F 0011 NARY ANN FROUSTRIN CLINK 6 J0BICORDBR MID CO, CO used on the lands herein dseatribed, inaludthg but mrrt limited to the following' the water rights r p rseented by Mail Permit No. 236- R, also referred to as Final- Permit Ma. 31519-FP, Well Permit No. 235-R, also referred to as Final Permit No. 3151S-FP, Well Peewit No. 237-s, also referred to as Final Permit No. 3:'!20-7P, Well Permit lb. 13205, and Well Permit No. 69377, and all interest in the Aenrylyn Irrigation District and water rights within said District r.ssooiatsd with or appurtenant to the land described above. Including any and all easements and rights-of-rap nssooiatsd with the water and water right., including, but not limited to, eassasnts and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property: and 'minding all bsadgatua, flumes. • diversior structures and measuring structures, pumps, maters and • other property used in delivering water to term: Property and measuring water used on the Property, and specifically including. (A) the pipeline for irrigation watt. : as reserved in the deed recorded on March 19, 1975, as Roception No. 16562597 (B) the easements described in the documents recorded at Book 1028, Reception No. 01965008, Hook 570, Reception No. 1491695, and Book 1057, Reception Nu. 01937476, is the afffces of the Held County Clerk and ceder, and said easements shall be subject to . documents recorded Februarry 20, 1922 in Book 672 at Page 154, and March 5, 1970 in Rook 021 as Recaptim No. 1543408, and any applicable amendments; and Together with any and all personal property, fixture' and other Items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment: and Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands; including, but not limits to, all interest in the Oil and Gas lease between William C. Busch and Sally R. Busch. as Lessors and Donald I. Foster, as Lessee, for a primary term of two years, dated October 25, 1980, and recorded vcto er 30, 1980 in book 918 as Reception No. 1840202, and any interest therein or rights thereunder; and the extension of the sold lease as clamed by Affidavit of Production, filed pursuant to Section 38-42-106, C.R.S., by Griffin Oil and Gas, Inc., and recorded August 15, 1983 in Book 1004 as Reception No. 1937115, and the ratification of the Oil 10 SKID, Ina. L9 S!C13207 I. 221 2743 9-1934.611 V 1263 RIC 02212709 06/03/90 16137 6130.00 12/0/300 7 0012 MARY ANN PSUBRBTRXN CL XR 6 1 MELD C0+ CO and tins Llama dated November 21, 1980 and signed by william C. Busch and Sally A. Buse and Robert J. Nemah and Rubi L. Busch, and the extension of Oil and Gas Leese dated February 8, 1962 and signed by Wiliam C. Busch sod Bally R. Bunch and Robert J. Busch and Aubi L. Busch? except for an undivided one-half interest in all oil, gam and minerals underlying the 51/2 of Section 30, Township 1 North, Range 63 Vest Of the 6th P.M. as retained in a deed recorded in Book 734, Reception N . 1656259, in the Books and Records of the Reid County Clerk std Recorder. The Prorerty in subject to the following restrictions and limitetionst I. Rights of way for county roads 30 feat wide on each aide of Section and Township lines, as established by Order of the Board of County Commissioners for Weld County, rsoorded October 14, 1889 in Book 86 at Page 273. (Affects all of subject property) 2, Reservations by the Union Pacific Railroad Company of (1) all oil, coal and tither miaerels underlying subject property, (2) the seclusive right to prospect for, eine and remove oil, coal and other minerals, and (3) the right of ingress end egress and regress to prospect for, mine and rive oil, coal and other minerals, all as contained in Deed recorded Noraeber 29, 1907 in Book 233 at saga 128. (Affects S1/2 of Section 7) 3. Reservations of (1) right of proprietor of any penetrating vein or lode to extract his ore; and (2) right of wey for any ditches or canals constructed by authority of United States, in U.S. Patent recorded April 5, 1311 in B©ok 131 at Page 425. (Affects NEI/4 Section 30) 4. Reservation of right of way for r United ditches or canals constructed by authority of ited States, in U.S, Patent recorded fir 25, 1916 in Book 385 at Page 192. (Affects SR1/4 Section 30) 5. Easement and right of way to construct, operate and maintain an electric transmission line, with all poles, cross arms, cables, wires, guys, supports, fixtures and devices, as granted to the United States of America by Allen G. Abbott, in the instrument recorded March 15. 1951 in Book 1297 at Page 529, affecting the following described j property: 11 SEW, Ina. LG S3'CL13207 WE 2212709-1990.012 s 1253 RIC 02212709 03/03/90 16;27 *150.00 13/030 Y 0013 NARY ANN f UIRBUIN CL8R i WONDER MELD CO, CG Beginning at a point on the West line of bald NS1/4, Section 30, being 1421 feet South of the North quarter-corner of said Section 301 thence 889.87'8 a distance of 2717.3 feet, more or leas, to a point on the East line of said Ne1/4, being 1434.5 feet South of the Northeast corner of esid Section 30. Said east bring 37.5 feet of either side of the he=nice above described centerline. 6. Easements an behalf of Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705; Colorado Interstate Gee Company, recorded august 31, 1984 in Book 1041 as Reception No. 1979784; huucciated Natural Gas. Inc., recorded mil 10, 1981 in Book 1229 as Reception No. 2175917; Public Service Company of Colorado, recorded November 9, 19Bi in Book 952 as Reception No. 1874084; Western Slope Gas Company, recorded march 9, 1983 in Book 090 As Reception No. 1919757; and Western Gas supply any, recorded April 2, 1985, in Book 1063 as Reception No. 20041.10. 7. Deed of Trust from White Mountain Ranch, a limited partnership organised and existing under the laws of the State of Nevada and registered and doing business in Colorado es Colorado White Mountain Ranch, Ltd., to the ublio Trustee of Meld County, Colorado, for the use and benefit of Willies C. Busch end Sally R. Busch, dated November 29, 198?, to secure a promissory note in the principal amount of 8600,000.00, and recorded November 30, 1989 in Book 1250, Reception No. 2198938. 8. Reservation of right of way for any ditches or canals constructed by authority of United States, in U.S. patent recorded dune 19, 1918 in Book 507 at page 37 (Affects NE1/4 Section 18), and in U.S. patent recorded November 6; 1924 in Book 665 at page 148 (Affects SB1/4 Section 18). 9. Right of way to construct en irrigation ditch granted to Harry F. Flock by Mamie Johnson, A>dministratrix of the Estate of Peter E. Johnson, deceased, and, Fred R. Wright. Mortgagee by Assignment, by Right of Way Deed recorded April 7, 1943 is! Book 1108 at Page 228. (Affects NE1/4 Section 10) 12 81MD, Ic. LG SELk9207 HS 2212709-1990.013 e 1261 RBC 02212709 05/03/90 16:27 ►1511.00 141030 P 0014 MARY AIN rimuumw CLUE 6 R8 ax WELD CO. CO 10. Reeervation of oil, coal and other sinsrals and rights of ingress and mss eu reserved by Union Pacific Railroad Cospany in Deed to the Western Land Company. recorded Be 18, 1008 in Book 233 at Page 163, (Affects 81 2, Section 19) 11. The right to conatruct, operate and maintain water conveyance facilities as reserved by Chicago Title and Trust Company as Trustee in the Deed recorded August 17, 1932 in Book 936 at Page 124. (Affects 81/2 of Section 19) 12. Mortgage free Chicago, Burlington & Quincy Rtilroed Company to The First Nation Bank of the City of New York and Frasier L. Ford, Trustee, recorded February 20, 1922 in Book 672 at Peps 154, and Mortgage from Burlington Northern, Inc. to Nor+gati. Geereety Trust Caspany of Nee York and Jacob M. Ford. II, Trustees, recorded Heron 5, 1970 in book 621 as Reception No, 1543408. (Affects 51/2 of Section 18) PARCRh f}. # Parcel 1: All that part of Section 27, Township 1 North, Range 63 Bast of the 6th P.M., Meld County, Colorado, lying North and Vest of Prospect Lateral. RRCRPTING FROM a parcel of land conveyed to The Henrylyn Irrigation District by deed recorded June 9, 1923 in Book 711 at Page 148, being more particularly described as follows: BVGINNING at the Northwset corner of Section 27, 1ruaning thence Rant along the North line of said Section for a distance of 820 feet, thence South 1060 feet, thence West 820 feet, thence North 1060 feet to the POINT of BEGINNING. ALSO EXCEPTING THEREFROM a parcel of land conveyed by Deeds recorded February 21, 1948 in Book 1221 at Page 465, and recorded March 18, 1953 in Book 1352 at Page 249. Parcel 2: The SW1/4 of Section 22, Township 1 North, Range 63 West of the 6th P.N., weld County, Colorado EXCEPTING FROM a parcel of land reanrved in Deed recorded January 9. 1946 in Book 1169 at Page 65, being more particularly described as follows: A st#ip of land 100 Leet wide, BEGINNING at the NorLhwest end of the Olds Reservoir embankment on the SW1/4 of the Section 22, and extending along the outer line of the right of way for the reservoir to the Southeast end of said embarkment, 13 • Sht.D, xno. LG 9KL13207 WE 2212709-1994.014 B 1263 ABC 02212709 05103/90 16t27 6150.00 15/030 r 0015 NARY ANN IBUIRBTEII C i RECORDER MILD CO, 00 thence along the Bast side of said reservoir site to the South liras of the SW1/4 of said Section 22. Together with ell end singular, the herediteasnts and appurtenances thereto belonging, or in anywise appertaining; including, but not limited to, any and all futures, all other homes . and and buildings, mobile homes, barns, fences, any and all esaements, rights-Of-way, or other rights of access used in • conjunction unction with the Property, any and all growing crops, trees, and shrubbery; end . Together with all water and water rights, ditches and ditch • rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non-tributary and designated and non-designated, on, under, appurtenant to, or used on the lands herein described, including but not limited to the folio ing: The water rights represented by Mall Permit No. 12123- FP (former Permit No. 12123-R), Well Permit No. 12124- FP (former Permit Na. 12124-s), the Carder-Bright Well, the A. P. Jackson Well, and the William Vogt South Wall and any and all easements, rights of way and appurtenances thereto as evidenced by instruments recorded February 21, 1948 in Hook 1221 at Page 465, and recorded North 15, 1953 in Hook 1352 at Page 249 (Affects Section 27); and All interest in the Hanrylyn Irrigation District and water rights within said District associated with or appurtenant to the lend described above; • Including any and all easements and rights-of-way associated with the water and water rights, including, but not limited to, easements and rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property; and including all headgatee, flumes, diversion structures and measuring structures, pumps, meters and other property used in delivering water to the Property and measuring water used on the Property; Together with any and ail personal property, fixtures and other items used In conjunction with or associated with the .foregoing property, and specifically including , all well pumps and irrigation equipment; and • Together with all minerals of whatever kind or character owned by` the grantor, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal, in, under and upon or that might be produced from the described lands; and 14 • SAID, Inc. LO S2t,13207 ML 2212709-1990.0}5 1262 ABC 02212709 05/03/90 16127 *150.04 16/030 0016 MARY MN PEVIRSTSZN C c & RBCOMMUt AMID CO, CO Together with and subject to all interest in the Contract dated June 4, 1936 between L. F. Carder end Vetter Carers and W. H. Bright end John D. Bright, as re..crdad on January 20, 1940 in Book 1066 at Pace 114. The Property is subject to ',lie following restrictions and l imitations e 1. Rights of way for County Roads thirty (30) feet wide on each side of Section and drip lines, as established by order of the Board of County Cosoissicaere for Weld County, recorded October 14, 3869 in Book 36 at Page 273. (Affects Section 27 and the 9111/4 of Section 22) 2. Reservation of right of way for any ditch.. or canals construbtsd by authority of United States, in U. S. Patent recorded September 11, 1923 in Book 677 at Page 47. (Affects S1r1/4 Section 22) 3. Reservations by the Union Pacific Land Company of {1) all ail, coal end other minerals urdsrlytag subject property, (2) the eseluaive right to prospect for, eine end remove oil, ooal and other minerals, and (3) the right of ingress and +lgreas and regress to prospect for, mina and remove oil, coal and other minerals, all as contained in treed recorded October 5, 1904 in Book 117 at Page 21$. (Affects Section 27) 4. Easement and x igit of may for Olds Reservoir, as contained tained in Deed recorded February 25. 1929, in Book 861, at Pegs 431, in which the specific location is not defined. (Affects S11114 Section 22) 5. cement and right of way for construction, use and maintenance of an irrigation ditch, and ingress and egress end rregres3, from ditch and pugging plant purposes granted to Arthur P. Jackson. Sr. by Pester Carder and Lucile Carder by instrt ment recorded February 21, 1948 in Book 1221 at Page 465 and March 15, 1953 in Hook 1352 at Pate 249, of said deeds, in which the specific location of the easement is not defined_ (Affects Section 271 5. Easement and right of way for Prospect Lateral, as evidenced by deed recorded May 10, 1921 in Book 650 at Page 12 in which the specific location is not defined. 7. Easement and right of s y to construct, operate and maintain an electric transmission line, as granted to 15 31CLD, Inc. IA 316 13 2-7 7 WE 2212709-1990.0L6 H 1263 31C 02212709 05r03/90 16:27 *130.00 171030 F 0017 !NARY ANN mum= CLUM 6 PSCQRD=R w8L0 Co, Co the United States of America by Vaster Ceder and Lucile Carder, ReenONNAr. Colorado,ado, in the instrument recorded Nay 10, 1951 in Nook 1302 et Page 437, affecting the foil-owing described property: The South half of the Northwest quarter, and that part of the Northeast guarder lying North and Vest of Prospect Lateral, Section 27, Township 1 North, Range 63 West of the 6th P.N. The neater line of the route of said line cf poles and wires to be erected across said lends shall be as follows: Spinning at a point on the 4est line of said S1/2 1811/4, Section 27, being 1463 feat South of the Northwest corner of said Section 27, thence South 99.54' lest a distance of 3965.5 feat, mows or less, to a point on the cents! line of mid Prospect Lateral, ,mane the W rthset cornier of said Section 27 boa= Borth 69.39' west 4226 feet. Said Seeemant being 37.3 feat on either side of the centerline. 8. The property is also subject to the following easements, the precise location of whi.rh ie not specified: (a) Mountain Sell Telephone Ccse<pensy, recorded October 1, 1981 in Rook 949 as Reception No. 1570705; (b) Colorado lnterstr,te Gas Company, recorded August 31. 1964 in Book 1041 es Reception No. 1979784; (c) Associated Natural Gas, Inc., recorded April 10, 1989 in Book 1229 as Reception No. 2175917; (d) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084; (e) Western Slope Gas Company, recorded March 9, 1983 in Book 990 as Reception 1e . 191S757; and (f) western GeS Supply Company, recorded April 2, 1985 in Hook 1063 as Reception No. 2004300. PARCEL R.` The East Ralf of the Northeast Quarter (E1/2 NE1/4) of Section 26, Township 2 North, Range 63 West of the 6th P.M.. Weld County. Colorado. Together with all and singular, the hereditan nts and appurtenances thereto belong.trng. Or in anywise appertaining; including but not limited to, any and all fixtures, all other 16 man, Inc. 13 91tL13207 WE 2212709-1999,017 8 1263 8SC 02212709 05/03/90 16[27 0150.00 18/030 F 0018 MARY hNN PEOSRSTBIN CLE X I RSC0RDU WELD CO, CO homes and buildings, mobile homes, berme, fences, any and ail easements, rights-of-way, or other rights of access used in conjunction with the Property, any and all growing crops, tream, and shrubbery; and Together with all water and water rights, ditches end ditch rights, reservoirs and reservoir rights, springs and spring rights, walls and mall rights, both tributary and non-tributary and designated and non-designated, on, under, appurtenant to, or used on the land herein described, including but not limited to the following: An undivided one-third interest in and to the water rights and irrigation wells designated by Well Permit No. 31537-FP (former Permit No. 5854-R, also known as Permit No. 5654), and Well Permit No. 31538-FP (former Permit No. 5856-R, also known as Permit No. 5656-RP), and all interest in Well Permit No. 5855-R (also known as Permit No. 5855): and All interest in the Henrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above; Including any and all easements and rights-of-way associated with the water and water rights, including, but not limited to, easements end rights-of-way for the carriage of water to the Property, discharge of water from the Property, and storage of water off of the Property: end including all heedgates, flumes, diversion structures and measuring structures, pumps, metiers and other property used in delivering water to the Property and measuring water used on the Property-, and specifically including, but not limited to, all right, title and interest in artd to the Agreement between Larry Mowery and Alfred Cuykendall, dated October 7. 1986, and recorded on October 9, 1986, in Book 1131, Reception No. 02072717, of the Books and Records of the Weld County Clerk and Recorder; Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; and Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituen' s thereof, gravel, sand and coal, in, under and upon or that aright be produced from the described lands, now owned or hereafter acquired, except those listed under the reservations and limitations below. 17 11fLD, Inc. LO SW1.13207 WE 2212705-1590,018 B 1243 WIC 02212769 05133/90 16:27 8156.00 19;030 !' 0019 MIRY AIIH WBOINSTEIR CLERK i RBCORDIR WIM CO, CO The property is subject to the follawiag reservations and limitations: 1. Mineral Deed from Kathryn Doilsy as Personal Representative of the 6stats of Daniel K. Dailey to Kathryn 8. Dailey manacled Deoambes 27, 1963 in Book 1016, under Reception Number 1951079, Weld County Records, in and to ell of the oil, pas. and other minerals in and under, and that N.Y be produced from said lend. 2. Deed of Conveyance from Maurice Dailey to Dailey Royalties. .Q., an Illinois Corporation dated July 8, 1965. and recorded July 19, 1985 in Book 1077, under Reception Number 2017646, Weld County Raoorda. 3. Mineral Deed from Arthur Bryan Ball to Arthur Bryan Hall, Jr, an undivided 1/2 interest, and Jana Margaret Hall, an undivided 1/2 interest, effective Deoeeter 31. 1986. and recorded January 26, 1987 in Book 1143. under Reception Number 2066041, Weld County Records. 4. Reservation es contained in instrument from Paul R. Cuykendall and Anna L. Cuyksndali, as recorded January 28, 1978 in Book 758 under Reception No. 1679976, Wald County Records, which is as follows: "Reserving, however, unto the grantor ell of the oil, gas, and other ;minerals lying in, upon, and under said privilege together with the right of ingrress and egress to prospect for and production of the same.' 5. Right of Vey granted to Western Slope Gas Company, a Colorado corporation, by instrument recorded April 10, 1961 in Book 933. user Reception Number 1854831, Weld County Records. 6. Mineral Deed from Christine mohanneld Sall to Arthur Bryan Ht11, an undivided 1/3 interest, Farris Nialannsid Hall, en undivided 1/3 intrust and Elizabeth Hall Walker an undivided 1/3 interest, recorded October 14. 1976 in Book 779, under Reception No. 1701243. veld Coumty Records- 7. Arai Deed from Mary Little Ndaannald to Mary Sue Z1oDannald Carkson end Robert Morris mcbaarnna7d, Jr_, rucorded February 13, 1976 in Book 754a under Reception Number 1581180, meld County Records. 8. Right of way for county roads 30 feet wide on either side of eectio!'s an4 tcwnahip lines, as established by 18 s!aD, Ins. LG SAI.13207 WE 2212769-1990.019 E 1263 RFC 02212709 05/03/90 16827 *130.00 20/030 P 0020 NARY ANN YEGER6TEIM CLERK 6 RICORDIR MILD CO4 CO the Board of County Cusaissioaers for Weld County, recorded October 14, 1889 in Nook 86 at Page 273, Weld County Records. 9. Right of way for ditches or canals constructed by the authority of the United States, as reserved in united States Patent recorded July 13, 1904 i' Book 132 at Page 69. 10, Deed of Trust from Whits Mountain Ranch, a limited partnership organised and exist under the lava of the Stets of Nevada and registered and doing business in Colorado as Colorado White Mountain Ranch, Ltd., and Eagle Peak Parma, Ltd., a Colorado limited partnership, for the benefit of Larry Mcuery, dated April 5. 1990, to secure a promissory note in the principal amount of 970,000.00. 11. The property is also subject to the following general notices of underground 'realities that have been filed pursuant to Section 9-1.`.-103, C.R.B. : a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 187O7O5. b) Associated Natural Gas, Inc.. rec.rdsd July 20. 1984 in Book 1037 as Reception No. 1974810, C) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784. dr Public Service Company of Colorado, recorded November 9, 1961 in Rook 952 as Reception No. 1874044. P e) Western Gas Supply Company, recorded April 2, 1985 in Book 1063 es Reception No. 2004300. PARCEL F. : An undivided 674 interest in the following: Parcel 1: All of the Northwest Quarter of the Northwest Quarter (Nlil!4 NW1/4) of Section 32, Township 2 North, Range 63 West of the 6th P.M., Weld County, Colorado. Parcel 2: The South Half of tle Northwest 63 of Quarter (s1/2 NW1/4) of Section 32, Top 2 North, Range 6th P.14. , Wald County. Colorado. Parcel 3: All of the North Half (N1/2) of Section 23, Township 1 North, Range 63 east of the 6th P.N., field County, Colorado. 19 GELD, Inc. LG GEL13207 WE 2212709-1940.020 P 0421 RISC 07212709 EIN 6 P 4150.00 Q CO, CO Parcel 4: The North 16-1/2 fest of the Southeast Quarter (111!4) of Section 22, Township 1 North, Range 63 West of the 6th field County, Colorado. Parcel 6t A part of the Northeast Quarter of the Southwest Quarter (1121/4 SW1/4). Section 32, Township 2 North, Range 63 West of the 6th P.M., more particularly described es followsa Beginning at the osntsr of said section 321 thence west along the Worth line of the Southwest Quarter of Section 32, 948.0 fest; thence South 56.1720- Seat, 267.0 fest; thence South 73.22'10• Zest, 757.2 feat to the Zest line of the Southwest Quarter (5111/4) of Section 32; thence Worth 99'56'30" Rest along said Bast line of Southwest Quarter (111114) of iwotioca 92, 365.0 feet tn the point of beginning, containing 4.66 acres, sore or less. Together with all and singular, the hered.'.taaoCnts and appurtenances thereto belonging, or in anywira appertaining; including but not limited to, any and ell fixtures, ell other hoses and buildings, mobile homes, barns, fences, any end all easements, rights-of-way, or other rights of access used in oonjunction with the Property, any and all growing trope, tress, and shrubbery; a:.d s eoiftcelly including without limitation the following mobi la homes: 1999 Westchester Mobile Bose, YIN 1165C2 '11327R, Title No. R502688 (also referred to as a 12 :t 70 Westchester mobile Moms); 1469 Town and Country Mobile Home, VIN 601211763, Purged Title No. 035386186 (also referred to as a 12 a 60 mobile boars)r and Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring rights, wells and well rights, both tributary and non-tributary and designated and non-designated, on, under, appurtenant to, or used on the Land herein described, including but not limited to the following: The water rights represented by irrigation well Permit No. 31526-FP (former Permit No. 4477-H). which right was also adjudicates as Underground water Well, State Engira:cm Permit No. 4477. in the District Court for Weld County, Col r'etlo. Civil Action No. 1670.0% No. 382 20 GELD, Imo. LG SKL13207 WE 2212709-1490.021 S 1263 ASC 42212794 OS/01/90 16'27 6149.00 22/030 P Q022 NARY ANN 195BP8T9IN CLERK i NBCOND4R WELD CO. CO by the 7indings end Decree dated March 26, 1971, end by irrigation well Permit No. 31527-PP (former Permit No. 4478-u), which right was also adjudicated as Underground inter Well. Stag 'Engineer Permit No. 4478, _1 in the District Court fol Weld County. Colorado, Civil ]motion No. 16704, NO. 382. by the Findings and Decree dated Karon 36. 1971, and by smell capacity well Permit No. 754641 All interest in the Eenrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described Wove. Including any and all easements and rights-of-,Ray suoriatsd with the water and water rights, including, but not limited to, aaismsnte and rights-of-way for the Carriage of water to the Property, discharge of mater from the Property, and storage of water Off of the Property, and specifically including without limitations 'the License for en eight-inch {8") alumine.e irrigation pips *cross the county road existing betty Sections 22 end 23, 'township 1 Borth, Range 633 West of the 6th P.I ., Weld County, Colorado, said pipe traversing the county road from the Northeast Corner of the Southeast Quarter (881/4) o€ said Section 22 to the Southwest Corner of the Northwest Quarter I NW1/8) of said Section 23, as granted by The Board of County Comeleaionere, Weld County, Colorado to Leonard Baumgartner, and as conveyed to Dave and Crete J. t.auagsrtnei` by the Warranty Deed in joint ?enancy r3oorded September 15, 1969 in Boot 615, Reception No. 1536793, wherein the date of sold License is mated to be march 19, 2969; including all teedgetes, flumes, diversion structures and mewing structures. pumps, motors, meters and other property used in delivering water to the Property and measuring water used on the Property; Together with any and all personal property, fixtures and other items used in conjunction with or associated with the foregoing property, and including without limitation. all well pumps, store and irrigation equipment; Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof, gravel, sand end coal. In. under and upon or that might be produced from the described lands, now owned or hereafter acquired_ 21 MILD, Inc. LO ,5 15207 WE 2212709-1990.022 B 1263 mac: 02212709 05/03/90 1.i:27 *150.00 23/030 P 0023 MARY ANN FIUsSTaIN CUM s RACORDER NILO CO CO The property is subject to the follow ng 1iatitationa and restrictions; 1. Raab ervltion of all oil, gas and minerals Underlying subject property, as reserve* by William Koff and Katherina M, Hoff, in instrument re nrded March 13, 1958 in Book 1498, Page 529, Weld County Record.. (Parcels 1 and 2) 2. Right of May easement granted to Mountain States Telephone and Telegraph Company by instrument recorded November 11, 1974 in Book 725 under Reception Number 1648285, Wald County Records. (Parcel 1) 3. Mineral Deed from William Hoff and Katherina M. Hoff to George T. McMakin recorded .uas 25, 197►6 in Rook 742, under Reception Number 1663699, Weld County RsOords, conveying all interest in and to all of the oil, gas, and other minerals in and under, and that say be produced from said land. (Parcels 1 and 2) 4. Mineral Deed from George T. MCNskin and Leeguita F. MoMakin to L. P. Lowrey dated %m ember 25, 1975, and recorded December 2, 1977 in nook 916, under Reception Number 1737537, Wald County Records, conveying en undivided 1/2 interest in and to all of tha 011, gas and other minerals in and under, and that may be produced from said laid. (Parcels 1 and 21 5. Mineral Deed from L. P. Lowrey to R. Ronald Schnier recorded bet- bee 2, 1977 in Book 816, under Reception Number 1737538, Weld County Records, conveying an undivided 1/2 interest in and to all of the oil. gas, end other minerals in and under, and that may be produced from said land. (Parcels 1 and 2) 6. Mineral Deed and Royalty Conveyance from Ben H. Bragg and Artie P. Gregg to Hen H. Grecc4g, Jr. and Jane G. Wallower recorded April 28, 1966 in Book 566, under Reception No. 1487904, Weld County Records:,, conveying an undivided 2/12 interest in and to all of the oil, gas, and other minerals in and under, and that may be produced from said land. (Parcels 3 and 4) 7. Mineral Deed from Ben H. Gregg and Artie P. Gregg to Mark Vaughan Gregg, aent Bradley Gregg and Gwendolyn Jane Gregg recorded April 28, 1966 in Book 566, under Reception No. 1487905, Weld County Records, conveying an undivided 1/12 interest in and to all of the oil, gas, and other minerals in and under, and that may he produced from said land. (Parcels 3 and 4) 22 SEW, Inc, LG SICL13207 WE 2212709-199x.023 B 1263 RIC 02212709 05/03/90 16427 *150.00 24/030 P 0024 MARY AMIN nome 'iiN men a asconma 'ow co, CO 8. Mineral Deed from Union Pacific Land Resources Corporation to Champlin Petroleum Company recorded March 34, 1972 in Book 664, under Reception NUmber 1586146, Weld County Records, conveying all interest in and to all of the oil, 91i (gag, oeuinghsad gas, distillate, oondsrusats, helium and all other gaseous substances) 4 associated liquid hydrocarbons in and under, and that may be produced from said land. Said interest helm reciooveyed to Union Pacific' Land Resources Corporation in Qul.t Claim Deed recorded on June 6, 1977 it Book 799 under Reception No. 1720995, Weld Country Records. (Parcel 3) 9, Mineral Deed from Union Pacific Land Resources Corporation to Champlin Petroleum Company recorded January 25, 1978 in Book 821. under Reception Mumbsr 1742593, Weld County Records. (Parcel 3) 10. Oil and gas lease executed by Colin Petroleum Company, as lame:, and Amoco Production Company, es Lessee, recorded January 25, 1978 in Book 821, under R•caption Number 1742594, Weld County Records. (Parcel 3) 11. Quit Claim of Right of May and Surface Lease granted t3 Snyder Operating Partnershir L.P. by instrument recorded August 5, 1987 in Book 1155, under Reception Number 2109449, Weld County Records. (Parcel 3) Appel of Ground Iassor on the foregoing Quit Claim of Right of May and Surface Lease as recorded on December 28, 1989 in Book 1252 under Reception No. 221225. 12. Right of Way for county roads 30 feet wide on either side of section and township lines, as established by the Doard of County Commissioners for Wald County, recorded October 14, 1889 in Hook 86 at Page 273, Weld County Records. 13. A Condition contained in the united states Patent recorded December 12, 1925 in sock 677. at Page 155, Feld County Records, which states as follows: "Subject to any vested and accrued water rights for mining, agricultural, manufacturing or Other purposes, and right to ditnheN and reservoirs used in connection with such water ri,gbta. as may be recognized and acknowledged by the sacal customs, lags and decisions of Courts, and there is reserved from the lands hereby granted. a right of way thereon for ditches or canals constructed by the authority of the United States_" (Parcels 1 and 2) 14. A Condition contained in the United States Patent recorded July 3, 1982 in Book 201, at Page 60, Weld County Records, which states as follows: "Vet excluding and excepting from the transfer, by these presents, 'All mineral Lases' should any such be found to exist in the tracts described in the foregoing, but this exclusion and exception according to the 23 94c P, Inc. LG 9E113207 0 7 FE 2212709-1990 024 0 02212?89 05l4�r19Q 16!27 �150..ra 28t920 3263 RDC TSI•I>N Cdilt>i i eLe D CO+ CO !)025 N� � T terms of the statute, 'shell not be construed to i;wclude coal and iron land' ." (Parcel 3) 15. Reservation as contained in instrument from The Union Pacific Land Compeny to Anne Altys dated August 25, 1908, recorded September 19, 1908 in Bock 233 at Page 164 Meld County Records, which is as follows "BNCIIPTING AND Ress evING: MST: All coal and other aLntrals within or underlying said lands. 3SCOND: The eselusive right to prospect in end upon said land for coal and other minerals, therein or which may be supposed to be therein, and to sine four and remove from said land all coal and other minerals which serum be found than by anyone. THIRD: The right of Ingress, egress and s upon said land to prospect for, sine and remove any and al arch coal or other minerals and the right to use so much of said land as say be convenient or necessary for the right of way to and from. such prospect places, minus, and for the convenient and proper operation of such prospect places, mines and for roads and approaches thereto, or for removal therefrom of coal, mineral, machinery or other materials. FOURTH: The right to Union Pacific Railroad Company to maintain and operate its railroad in its present fors of construction and to make any change in the fors of construction or method of operation of said Rail road_" (Parcel 3) 16. treed for a 70 foot road on the West side of the Northwest Quarter as granted to Prank B. !Mulvihill by inatruiDanzt recorded June 6, 1912 in Book 622, at Page 428, Weld County Records. Bald strip of land conveyed in Deed to Weld County recorded on June 27, 1922 in Book 622 at Page 443 of the Weld County Records. (Parcel 3) 17. A Condition contained in the United States Patent recorded March 12, 1924! in Book 677, et Page 86, Wald Covnty Racords, which states as follows: "Subject to any vested and accrued water rights for mining, agricultural. manufacturing or other purposes, and right to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of Courts; end there is reserved from the lands hereby granted, a right of way thereon for ditches or canals construed by the authority of the United States." (Parcel 4) 18. Reservation of an undivided one--half of all oil, gas, and minerals unc erlgicg subject property, as reserved by the Federal Land Bank of Ulchita, in instrument recorded Key 14, 1941 in Book 1078, at page 560 of the Weld County Records. (Parcel 41 24 9!c D. Inc, LG SKL13207 WE 2212709-190.025 S 1263 RBC 022127'19 05/03/90 16,27 0150.04 26/030 ✓ 0026 MARY ABM rzuiuRBiw CLERK & RSCORDBR WSW CO, CO 19. Mineral Deed end Royalty Conveyance Eros Ben H. Gregg and Artie P. Oregg to Mork P. Gregg, Ben H. rtegg. Jr. and Jane O. Wallower, dated December 22, 1950, and retarded January 5. 1991 in Book 1291, at page 62 of the Weld County Records, conveying an undivided 3/4 interest ir. and to all of the oil, gas, and other minerals in and under, and that may be produced from said lug. (Parcels 3 end 4) 20. iAl and gas lease date) Dsosaber 18, 1981 executed by Dave Baumgartner and Crete Bauegartner, as lessor, and Centennial Petroleum, Inc.. as lessee, recorded January 6, 1982 in Book 958. under Reception Number 1873098, Meld County Records, for a primary term of run (2) years, and es locig tbsrsaftsr as oil. las, other hydrocarbons, or other minerals is produced from said and hereunder, or drilling or reworking operations are conducted thereon. (Parcel 4) 21. Subject to the teener and conditions of an Agreement between Mary A. White and Edgar J, Blew, as evidenced by instrument recorded March 14. 1931 in Book 912, at page 62, weld County Records. (Parcel 5) 22. Oil and gas lease dated August 22, 1978 executed by Marl R. Dunham aka Merle B. Dunham and Ruby L. Dunham, as lessor, and Energy Minerals corporation, as lessee, recorded September 15. 1978 in Book 845, under Reception No. 1766678, Bald County Records, for a primary terra of Three (3) years, and as long thereafter as oil, gee, or other hydrocarbons or other minerals is produced from said land ha'eunQer, or drilling or reworking operations are conducted thereon. (Parcel 5) 23. Reservation of 1/2 of all oil, gas, and minerals underlying subject property, as reserved by Merl B. Dunham and Ruby L. Dunham, in instrument recorded August 2, 1961 in Book 1590, at page 426, field County Records. (Parcel 51 24. A condition contained in the United states Patent recorded September Y5, 1927 in Hook 677, at Page 190, Weld County Records, which states as follows: "Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and right to ditches and reservoirs used in connection with such water rights, as may be recognized and aCknawledged by the local customs, lass and decisions of courts; and there is reserved from the lands hereby granted, a right of way thereon for ditches or cads constructed by the authority of the united States." (Parcel 5) 25. A Deed of Trust from White ?5)unta i n Ranch, a limited partnership organized and existing under the laws of the State of Nevada and registered and doing business in Colorado as Colorado 25 AMID, Trtc. La SKI,13407 prz 2212709-199C G2€ R 1363 BSC 02212709 03/03/90 16127 4160.00 27/030 Y 0027 WY ANN AIM =sax & BSCOMNIABOMB CO, CO White Mountain Ranch, Ltd. end magic PSSh lexwm. Ltd., • Colorado limited partnership, to nave Baumgartner and Crete J. 6, 0000.0 00� ing a promissory note in the principal l t dated o 26. A Tinsnadng Statement from White Mountain Ranch, a limited partnership organised and mutating under %NIL laws of the State of Nevada and registered and doing business in Colorado es Colorado White mountain Ranch, Ltd., end Nagle Peek Faris, Ltd, h Colorado limited partnership, to Dews Baumgartner and Crete J. Baumgartner, dated April 6,in 'the principal amount 1990 of 4430,000.00 with the Colorado Secretary of State and Weld County Clerk and Recorder. 27. Oral ferry lessee with William E. Hell and Earl A. Baumgartner pertaining to all or a portion of the property and only for the year 1990. Grantor waives any claim or right to any crops or rental payments or any other oasis associated With said farm lasses. The following general notiuss of underground facilities have been tiled pursuant to Section t.-1.5-103, a) Mountain# �`�l Taelephone Co,Yy, recorded� /�October 1, 1981 in 949 as R�ticn No. 1870705. b) Associated Natural Gas, Inc. recorded July 20, ok 1994 in Ho 1047 an Deuaption, Ne. 1974810. o) Colorado Interstate Gas Company, rimed August 31, 1984 in Book 1041 as Reception No. 1979784. d) Public Service Company of Colorado, recorded 1Novemberc 9. 1981 in Book 952 as Reception No. 1874084. e) Western Goss Supply Company, recorded ApriI 2, 1985 in Hook 1063 as Reception NO 2004300. PL 0. The Northwest Quarter (NMI/4) of Section 9, Township 1 North, Range 63 West of the 6th P.N., Weld County, Colorado. Together with all and singular, the hersditaaienta and appurtenances thereto belonging, or ,in anywise appertaining; including but not limited to, any and all fixtures, all other homes and buildings, mobile hoes, barns, fences, any and all easements, rights-of-way. or other rights 2 access used in conjunction with. the Property. any and all growing crops, trees, end shrubbery: and Together with all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, springs and spring 26 SKID, inc. L6 SKL13207 WE 2212704-19A0,027 0 1263 RIC 02212709 05/02190 16127 UI30.00 28/030 F 0028 MARY AWN FUISISSIM MIRK I RRGORDRR W!W CO, CO rights, wells and well rights, both tributary and non-tributary and designated and n'•in-designated, on, under, appurtenant to, or used on the land herein describe..1, including but not limited to the followings the water rights reprasentad by 'Final Permit No. 31595-FP (formerly Permit No. 11681-5); and All interest in the Menrylyn Irrigation District and water rights dithin said District associated with or appurtenant to the land described above. Including any and all esseaenta and rights-of-weal associated with the water c nd water rights, including, but not limited to, saws me and rights-of-wev for the carriage of water to the Property, diaOharge of water from the Property, and storage of water off of the Property; and specifically including the irrigation well and easement end right-of way on, across and under the Southwest 4tk5 i.er (ewt/4) of Section 9, Township 1 North, Range 63 hest of the 6th P.M,, as reserved unto John w. Mayers, Jr., and William 5 Phillips in a Warranty Deed recorded De cember 13. 1979 in Rook 890, Reception No. 1811818 for the irrigation well designated by Permit No. R-11587 (now Final Permit NO. 31598-FP), together tits permanent access for ingress and egress to said well an the existing east-west farm road to operate, repair, maintain, rye-drill and/or replace said well and the underground pipeline from said well which supplies irrigation water to the Northwest Quarter (1412/4) of Section 9, Township 1 ?forth, Range 63 Vest of the 6th P.M., and is further set forth in said Warranty Deeds and including all headgatea, flumes, liversion structure* and eeaauring structures, pumps, motors and other property used in delivering water to the Property and measuring water used on the Property: Together with any and a]1 personal property, fixtures and other items used in conjunction with or associated with the iate-going property, and specifically including all well pumps and irrigation equipment; and specifically including: A 12' by 46' house trailer (mobile home). 196;1 Nashua, Vehicle Identification No. UTW21K6566: and Together with all minerals of whatever kind or character, including but not limited to, all oil and gas and constituents thereof, gravel, sand and coal. In. under and upon or that might be produced from the described lands, now owned or hereafter acquired. The property is subject: to the failawing restrictions and limitations: 27 9Kan, Inc. LG sFq.13247 F76 2212709-1990.028 B 2243 ROC 02212709 OS/03/90 16:27 6150.00 23/036 r 0079 MARY AWN PITUBROTEXM =ARK b BSC:ORDER WEZD OD, CO 1. Any interest which may have been acquired by the public in the North and West 30 feat of subject property by meson c'f revolution of Board of County Commissioners recorded October 14, 1889 in Book $6 at Peg. 273 which provides for public road• 60 feet in width being 30 feet on each side of section lied on the rM3blic domain. 2. Right of way and east for "Enlargement of The O.A. Ford Reservoir No, 4" as evidenced by Btatwent filed August 25, 1907 as No. 121990. Describes W1/2 NW1/4 and N11/4 of WW1/4, 9-1-63 (with other Lands). 3. Reservations by the union pacific Railroad Company of (1) all o1 ., coal and other minerals underlying subject property, (2) the esolueivs right to prospect for, mine and remove oil, coal end other minerals, and (3) the right of ingress kind egracss and regress to prospect for, mins and remove oil, cool and other minerals, all as contained in Deed recorded November 29, 1907 in Book 233 at Page 128, and any interests therein or rights thereunder. 4, Basement and right of way for railroad purposes, as granted to The Chicago, Burlington & Quincy Railroad Company by Charles B. Christy, in the instrument recorded July 9, 1925 in Book 779 as Reception Mo. 465364, effecting the following described property: A strip of land 50 feet wide on the Westerly side of and adjoining the center line of the beet spur track of the railroad of said railroad company as now wurveyed, over end across the E1/2 of the Wl/2 of Section 9, Township 1 North. Range 63 West of the 6th P.M., and a strip of land 50 feet wide on the Easterly side end adjoining said center line of the railroad over and across the W1/2 of the NE1/4 of said Section 9. It is also stipulated that if this land hereby conveyed shall cease to be used for railroad purposes in that event it shall revert to this grantor. 5. Easement and right of way for road purposes, as granted to Weld County, Colorado by Fred Durbin, in the instrument recorded Mardi 25, 1931 in Book 911 at Page 64, affecting the following described property: 28 SKLi7, Inc. SSG SKL13207 WE 2212T09-1990.029 t B 1263 RIC 02212709 05/01/90 1C:2/ bi50.O0 30/030 F 0030 MANY ANN YWZRSTEIN CLEAN & RECORDER WELD C0* CO A strip of ground 10 feet wide it being all ci the South 10 feet of the nth 40 feet of the t#11/2, Section 9, Township 1 North, Range 63 West of the 6th P.M, Beah of the foregoing paresis are subject to 1990 taxes an special assessments. 29 814.D, Lnc, LG 9HL132U1 WE. 2212709-1990.030 • • ' • 2476443 B-1532 P-315 02/14/96 03;37P PG 1 OF 29 PSC DOC weld. County co Clerk a 1leeorder 146.00 AR2176e113 SPECIAL WARRANTY DEED THIS DEED,Made thin 13th day of February, 1996,between Eagle Peak Patina,Ltd., a Calarado limited partnership, "grantor'and Prospect Valley Rump Ltd.,a Colorado limited prtrtrersbip,who legal eddrem is 1942 Broadway,Suite 506,Boulder,Colorado 60302,County of Boulder,State of Colorado, 'grantee': WITNESSETE, That the grantor, for the aunt of leas than Five Hundred Dollars (3300.40).sad other good and valuable consideration, the receipt and emf>5eey of which is hereby ieknowledge,bra gamed,bargained, said and conveyed,and by these presents does grant bargain, jell, cvenvey, and confirm, unto the grantees., the warner' heirs and assigns forever,all the nal property,together with improvemrob,if any,situate,lying and being in the County of Weld,Stabs of Colorado,described as fvllowa, The Property described m the attached Ealuhit A which if incorporated by this reference. TOGETHER with all and singular the hereditament% and appuramancee thereto belonging, or in anywise appertaining, and the m,csion end reversions, remainder and remainders,rents,tram and profits thereof;and all the mate,right,tide,interest,claim and demand whatsoever of the grantor,either in law or equity,of, in and to the above bargained preraiaes.with the hereditament'and appurtenances. TO HAVE AND TO 13O1 )the said peculate above tmmgairwd and described with[he appurtenances, mat the grantee,the grantees' heir%and aaogaa forever. And the grantor,for the grantor, the grantor'a successors end assigns, does covenant and agree that grantor shall WAREtAN(AND FOREVER DPPEND the shave-ha rgained premises is the quiet and peaceable preeradao of the gramme,the gramme'hears and aee'gns.against all aid every person or persons claiming the whole or any part thereof,by,through or under the grantor. IN WITNESS WHEREOF,the grantor has executed this deed oo the date set forth above. Eagle Peak Farms,Ltd.,a Ontario limited partnership lay: �l�� lil Walleverk ,Gamest Perms I 9ttLD, Inc. YC SIQ.13207 WE 2476443-1996.001 2476443 8-1532 PP-316 62/14/96 03!370 FO 2 OF 29 STATl5 OF COLORADO ) )44. COUNTY OP BOULDER ) The treating insirument wag acknowledged before me adz 13th day of February, 1496, by Pag1e Peak NM;Ltd.,a Cando battled partnership.by Walraven Kipper,as general 1 pa dnen Wimeas my hand and official seal. 7�1y commision expires; z y l jt qo Notary A:1112;10,0,4". 2 ,1111111Y11J111 :LT-11 I I .1T 91Q,D� Inc. LO sxL13207 'a$ 2476443-1996.¢02 2476443 3-1532 P-316 02/14/96 03;37P PG 3 01 29 EXHIBIT A TO Tl3E SPECIAL WARRANTY DEED FROM EA1 LE PEAK FARMS,L'I'D_,A COLORADO t Thff1EII PARTNERS TO PROSPECT VALLEY FARM,LTD.,A COLORADO 1d119TI�PARTNFJt.S The property MP-hided within the Spec4al Warranty Deed dull include the following described land,water rights,Esiemmsts, rights-of-way and other interests in land, bui1du ga, and other strrxbtaes,but'object to the following dexm:a:ad limitations and restrictions on the land and water fir Parcel 2s The R1/2 of Section 30, Township 1 North,Range 63 West of the 6th P.M.,Weld County,Colorado. Together with all and singular,the herethiarnertte end appurtenances thereto bebnging,or in anywi appertaining; including,but not limited to, any and all fixtures,fences,any and all easaanmts,rights-6f-way,or other rights of awns used hi conjunction with the Property,tot and all growing cam,trees,shrubbery;and Together wlth.all water and way rights.ditches and ditch rights,reservoirs and reservoir rights, springs and spring rights,wells and well rights,both inibuinry and non-tributary and designated and non designated,on,under,appurtenant 10,or used on the lands herein described,including but not&ruled to the following: the water rights rgiceseetcd by Well Permit No_236-R,also referred Moo Final Permit No.31519-FP,Well Permit No,235-R,also,armed to as Final Permit No. 31518-FP, Well Petatet No. 237-R,also reared to as Final Permit No. 31520-FP,Well Permit No.13205,and Well Permit No. 69377,and all interest in the lltxtrylyn Irrigation District and water rights within said District assaciased with or app rtnirnt to the land described above. Including any and all easements and rlghte-of--way associated with the water and water rights, including, but not limited to, easeraent:I and rights-of-way for the carriage of water io the Property,discharge of water from the Property,and storage of water off of the Ptuyc,ty;and ucluding all laeedgaYea,fumes,diversion tract=and=wring structures,pumps,meters and other lnoprsty used in delivering wrier to die Property and treasuring water used on the Property, and specifically including,(A)the pipeline for irrigation water as texaved in the deed recorded on March 19, 1975,as Reception No. 1656259;(B)the easements described in the documents :carded to Hook 1028,Reception No.(119650011.Book 570,R.cception No. 1491695,and Book 3 MUNI!MI I TI I T 3icLn Inn. LG 9E1.12°7 wE 2476443-1996,003 2436443 B-1532 P-315 02/14/9n 04:d7F PG 4 or 29 • 1057,Remotion No.01997476,in the offices of the Weld County Clerk and Recorder,and said easements shall be subject to demotesta recorded February 20, 1922 in Book 672 at Page 154, and Marsh 5, 19711 in Book 621 as Reception No. 1543468,and any applicable amendments;and Together with any and all pad ley,fixtures and other items used in 000junetiou with or associated with the foregoing property and specifically iert.vItag all well pump'and irrigation ecuipmmt;and Together with all minerals of whatever kind or character,including but not limited to,all oil and pas and camdtaeots thereof,gavel,mead and coal,in,rider and upon or that might be produ ccd from the described Mods; including, but not limited b, all interest in the Oil and Gas lease -between William C.Busch and Sally R.Mario,as Lemon and Donald 1.Poster,an Lessee,for a primary term of two spare,dam October 25, 1980,and recorded October 30, 1980 in Book 918 Ed Ro ptlO T No. 1840202,and any interest therein or tights thereunder;and the extension of the aid kale n claimed by Afftdnvis of Production,filed pursuant to Secdoe 33-42-106,C.R.S.,by Griffin Oil and flue, 1ruc. and recorded August 15, 1983 in Boost 1004 at Reception No. 1937115,and the ratification of the Oil and out Lease dated Nevetnber 21,1980 and signed by William C.Busch and Sally R.Busch and Robert 1.Bunch and Rohl L.Beach,and this Extension of Orland Gas Erase dated Pebsvary 8, 1982 and signed by William C.Buick and Sally R.Beach and Robert 1.Bunch and Rubi L-Butch;except for an undivided one-half latenrat in ail oil,gas and minerals underlying the 131/2 of Section 30,Township 1 North,Range 63 West of the 6th P.M. an retained in a deed recorded in Book 734,Reception No. 1656239, in the Books and Records of the Weld County Clerk and Recorder. • The Property is subject to the foregoing and the following restrictions and lirnitati etas: 1, Rights of way for rowdy roads 30 feet wide on each side of Section and Township linca,as established by Order of the Board of County Commissioners for Wei County,recorded October 14,1889 in nook 86 at Page 273. (Affects all of subject property) 2. Rcacyationa of(1)tight lrf proprietor of any pmetraiing vein or lode to extract his ort; and(2)right of way for any ditches or canals constructed by authority of United Slates,in U,S.Patent recorded April 5, 1911 in Book 13]at Page 425. (Affects NIS1/4 Section 30) 3. Reaary ition of right of way for any ditches or canals constructed by authority of United States,in U.S.Patent recorded November 25, 1916 in Book 385 at Page 192. (Affects SE1/4 Section 30) 4. Easement and right of way to district, operate and maintain an electric trantmiaaian lint,with all poles,cross arms,cables,wires,guys, supports,fixtures 4 3Iffb, Ina. 1,0 SKT,13207 NE 2476443-1996.004 2476443 5-1532 >?-316 02/14/96.03:31P PG 5 .4F 24 and devices,at grarded10 the ailed Stara of Amain by Allen G.Abbott,in the null-meet recorded March 15, 1951 in Book 1297 at Page 529, affecting the following deacdbed property, Beginning at a pint an the We live of aid NE11/4,Seadoa 30, being 1421 fret South of the North quarter-corner of said Section 30;thence S89'57'13 a distance of 2717,3 feet, more of leas, to a point oo the Fiat line of aid NE1/4, being 1434.5 fees South of the Nattheast corner of said Section 30. Sadd easement being 37.5 feet of either aide of the herein above described etoterlhle. • 5. Blumeat and right of way for the delivery of wiser,**granted to William ii.Bell and Carol C. Bell by Eagle Peels Pars,Ltd., a Colorado limited parthenhip, recorded lune 23, 1995 in Book 1498 as Rocepdoo No.2443834,affecting the fdllowbrg deso ibed property: West 30 feet of the E1f2 of Section 30, 6. Eiseman on behalf of Mountain Bell Telephone Company,recorded October 1, 1981 in Book 949 u Reception No. 1170705;Colorado Inaermm[ill Company, • recorded August 31, 1984 in Book 1041 u Reception No, 1979784;Associated Natural Goa, Inc., recorded April 10, 1981 in Book 1229 as Reception No, • 2175917;Public Service Company of Colorado,recorded November 9, 1981 in Book 952 as Reception No, 1174084;Western Slope Qu Company, recorded March 9,1.983 in Book 990 Aa Reception No.191975'7;and We rare Gas Supply Company,recorded April 2,1985,in Book 1063 u Reception No_2004300. PARCar7,rat Plum 1: All that part of Seddon 27,Tmvaslip 1 North,Range 63 West of the 6th P.M.,Weld Comfy,Colorado,lying North and West of Prospect Lateral. IDCC'E7IthtG THEREFROM a parcel of land conveyed to The Ataaylye Irrlgadoa District by deed recorded June 9, 1923 in Bonk 711 at Page 148,bring more particularly described as follows: Bi3GINN1NG at the Northwest corner of Section 27,routing thence East aloeg the North line of aid Swine fat a distance of 871)fret,thcat South 1060 feet,thence Went 820 fact,thence North 1060 feet to the POINT OF BEQINNING. ALSO EXCEPTING THEREFROM aimed of land teamed by Dade recorded February 21, 1948 in Book 1221 at Page 465,and recorded March 18, 1953 in Book 1352 at Page 249. 5 .MUNI l ilf 1 .1 T Tl : nun, Ina. LO 5XL13247 WE 2476443-I996_ad5 2476443 B-1532 P-316 42/14/96 03;37P Pu 6 of 29 Together with all and singular, the hereditament'and app rtamtcca thereto belonging, or in anywise itivertairting;including,but not limited to, any and all furturea, all other homes and buildings,mobile homes,term,fennel,any and all eetaexnmtla, ht-M way,or other rights of access used.in cogjunr3ion with the Property,any and all growing crops,toes,and ahmbbery; and Reedier with all water and water righda,ditches and ditch rights,reservoirs and re envois rights, 'cringe and spring rights,wells and well rights,both tributary and nun-tributary and designated and nan,designated,on,under,appurtenant to,or used on due larch herein described,including but not limier to the following: The water rights represented by Well Permit No. 12123-PP(former Permit No. 12123-A),Well Preen No. 12124-1'P(former Permit No, 12124-R),the Carder- Bright Well,the A.P.Faction Well,and the William Vogt South Well and any and all easements, rights of way and appurtenances thereto as evidenced by instruments recorded February 21,1948 in Book 1221 at Page 465,and recorded • March 15, 1953 in Book 1352 at Page 249(MS=Section 27);and All interest in the Henrylyn Irrigation Dietzict and water rights within said District aatatiatod with or apprtrhiaet to the Lard thenta bed above; Including any and all eansernta and rights-of-way associated with the waltz and water rights, including, but not limited to, easy ti and rights-of-way for the carriage of weber to the Property,discharge of water from the Property,and aftsage of-water off of the Property;and including all beasdgatea,drones,diveidue st ucturea and measuring structured, outer uaod in g r pumps,mattes and ptopmty delivering watts to the Property and measuring water used on the Property; Together with arty and all personal property,fixtwea and other items used in conjunction-with or anaociated with the foregoing property,and q,. fi:ally including all_well pumps and irrigation equiPmil;and Together with all m ineaeyr of whatever.kind or character owned by the grantor,including but not limlird to,all oil and gat and constituents thereof,gravel,band and coal,in,under and upon or that might be prodetcrd from the described hinds now owned or hereafter acquired;and Together with and subject In all intttest in the Contract dated June 4, 1936 between Z.P.Carder • and Venter Carder and W. H.Bright and John D, Bright,as recorded on January 20, 1940 in Hook 1056 at Page 119. The Property is subject to the following restrictions and limitations; 6 • ]� I91Gill h la ll T ! t 1 ._� iEID, Ina. LG SKL13207 WE 2476463-1996.0ce 2476443 8--1532 P-316 02)14/96 03:37P 1'0 7 OF 29 1. Rights of way for County Roads thirty(30)feet wide on each side of Section and Township lines,am ptahliAled by Order of the Board of County Commissioners for Weld County,neodded October 14, 1889 in Beak 86 at Page 273. 2. Resttvatione by the Union Pacific Land Company of(1)all oil, i3 and other omelets tmderlytg meet property,(2)the=elusive right to prospect for, mine end breve al,anal and attire ntioerils,and(3)the tight of ingress and egress and leVell in pooped for, mine and remove oil, coal and ether minerals, e l ss contained in Deed recorded October 3,1904 in Book 217 al Page 218. 3, Barman trod right of way for construction,use Red maintenance of an irritation • ditch,awl Mgreae and wear and regrets,from demand pumping plant purposes granted to Arthur F. lichen, Sr. by Vetoer Carder and Celle Carder by internment recorded February 21, 1948 in Book 1221 at Page 465 and Match 15, 1953 in Boot 1352 a Page 249,of said deeds,in which the specific.location of the casement is not defined. 4. Basement and right of way far Prospect lateral,as evidenced by deed recorded May 16, 1921 in Book 650 at Page 12 in which the specific lecadnn is net defined. 5. Famment end right of way to oseanuct, operate and tnaiataia an electric trait istion line,to granted to the United States of Amtuice by Veeler Carder and Ladle Carder,%eeneabhet,Coorado,in the instrument recorded May 10, 1951 in Book 1302 at Page 437,affecting the following described poop rty: The South half of rho Northwest quarter,and that part of the Nonbeast quarter lying North and West of Prospect Lateral,Section 27,Township 3 Nertlh,Range 63 West of the 6th P.M. The center line of the ovate of said lime of polca and wires to be erected scross said lands shall be as follows: Beginning at a point on the West line of said S112 NW1/4, Section 27, being 1463 feet South of the Northwest comes of slid Section 27; tai South 89'54' But a distance of 3965.3 feet,more or leas,to a point on the center line of said Prospect Lateral, whaler the Northwest roma of said Section 27 bean North 69'39'West 4226 feet. Said easement being 37,5 feet on either aide of the centerline. • 6. The property is also subject to the fallowing taaeroestr,the proviso locadoo of which is not specified; (a) Mountain Bell Telephone Company,recorded October 1, 1981 in Book 949 as Reception No. 187071!5; (b) Colorado hntera,dte Gas Company,recorded Attgurt 31, 1984 in Book 11)11 as-Reception No. 1979784; (e) Aesodeled Natural Gras.lne., recorded April 10, 1989 fn Book 1229 as-Reception No.2175917; 7 iiflfIt ;I I , - I Sx].D, Inc. rc E]113247 WE 2476443-1996.007 2476443 8-1532 P-31.6 02/24/56 03:37P PG 8 01 29 (d) Public Service Cemmany of Colorado,amended November 9, 1981 In Book 952 ea Reception No. 1874084; (e) Western Slaps Gas company,recorded Marti 9, 1983 in Hook 990 as Reception No. 1919757;and • (f) Western t3as Supply may,recorded April 2, 1985 in Book 1063 as Reception No.2004300. 7. Tama, agreements, provisions, condidona and obligations as contained in Mesnmandum of Surface Damage Agreement by and between Eagle Peak Farts, Ltd.,a Colorado united Partnership and Snyder Qi1 Corporation recorded luty 21, 1994 in Book 1451 as Reception No.02398575. • 8. Tams,agree ,pswimms,,xodldana and obligations as contained in Surface 4rma'a Agreement by and between Eagle Peak Farms,Lod„a Colorado Limited Partnership and Union Pacific Reietneee Company recorded August 1, 1994 in Book 1453 as Reception No.2400222. 9. Right of way,whether in fee GI cerement only,for a pipeline and appurtenances_ as granted to Amoco Pipeline company, i Maine Corporation by Eagle Perk Parma,Lei,a Colorado Iimilcd Patch hip,recorded December mthrr 8. 1995 in book 1521 as Reception No.2466831,as morepatticralarly described in said instrument, Panel 1; All of the North Half(?41,2)ad Section 23,Township I Norte,Range 63 West of the 6th F.M.,Weld Canty,Colorado. PIICEPTING therefrom a pared of land u conveyed to Weld County by Deed recanted June 27,192.2 in Book 622 at Page 443; ALSO EXCEPTING therefrom a parcel of land as conveyed to the State Department of Highways,Division of Highways,State of Colorado by deed recorded August 30, 1990 in Bonk 1274 as Reception No.(12225396 and Corrective need recorded December 26, 1f 1990 in Book 1285 as Reception Na.02236724. Penal 2: The North 16-112 fat of die Southeast Quarter(SRN) of Section 22, Township I North,Range 63 West of the 6th P.M,,Weld County,Colorado. Together will]all and singular.thc hereditamenb and apptaimances thereto belonging,or in inywise appertaining; including but not limited to, any and all fixtures, all other hoses and buildings,mobile homes,barns,few,any and all emenerd2,rights-of_way,or other tights of sodas tuned in eonjuacdon with duo Property,any and all growing crops,trees,and shru'brry; and • !,I I __ , l.1 _ 8XLD, Inc. Lit 3141132e7 WE 2476443-199.6.006 2476443 B-1332 p-add 02/14/96 03:37P Pn 9 08 29 Together with a1 water end water rigbU,ditches and ditch tights,reservoirs and retmrvrrir rights, springs and spring rights,wells and well tights,both tributary and eon-tributary and designated and non-duuignated,on,under,appurtenant to,or used on the land baeein described,including but not limited to the following: The water rights represented by irrigation well Permit Na. 31526-Pi (former Permit No. 4477-K), which right was alm adjudicated as Underground Water well,State Engineer Permit Na. 4477, in the District Court for Weld County, Colorado,Civil Acton No. 16704, No.382 by the Findings and Decree dated Mardi 26, 1971,and by irrigation well Permit No.31527-FP(former Permit No. 4478-R), which right was also adjudicated as Underground Water Well, State Engineer Permit No.4478,in the District Court fie Weld County,Colorado,Civil Action No. 16704,No.382,by the Findings and Decree dated March 24, 1971, and by small capacity well Permit No.76464; All inner in time 13enrylyn Irrigation District and water rights within said District associated with or appurtenant to the land described above. Including any and all easements and rhota-of-way Lesociated with the wawa'and water rights, including, but not limited to, easementa and rights-of-way for the carriage of water to the Property,discharge of water from the Prairerty,and IKxage of water off of the Property, and .I specifically including without limitation: The Lipman ficrun eight-inch(8')alumin n irrigation pipe across the county road existing between Sections 22 and 23,"Itswrihip 1 North,Range 63 West of the 6th P.M., Weld County, Colorado, maid pipe tareruing the county road from the Northaaet Corner of the Southeast Quarter(5E114) of said section 22 to the Southwest Or=ofthe Northwest Quarter(NW]14)of acid Section 23,ingrained by The Board of County Commissioners,Weld County,Colorado in Leonard Baumgartner,and as conveyed In Dave and Crete 1.Baumgarber by the Warranty Deed in Feint Te y recorded September 15,1969 in Book 615,Reception No. 1536793,wherein the date of said License le stated to be Marsh 14, 1969; including all headgatee, flumes,diversion structures and ramming structures,pumps,motors, meters and other property used in delivering water to the Property and measuring water used on the Prcperty., Together with any and all paamai property,fixtures and other imps used in conjunction with or auapclatnd with the foregoing property,and including without limitation.all well pumps,motors and irrigation equipment; 9 S1SLIr, Inc. 1.3 St 13207 WE 2 4 7 6443-19 95.009 2476443 B-1532 t'-316 02/14/96 03r37P Pe 10 OF 29 Together with ail minerals of-whatever kind or character,.inciudina but not limited to,all oil and gas and omarlmenta thereof,griavd,sand and coal,in,neat end woe or that might be produced from the described lands,now owned or hereafter acquired. The property is subject to the fallowing limitations and restrictions: 1. b noml Deed yid Royalty Conveyance from Ben H.13rcgg and Artie F. Gregg to Herz H. Gregg,Jr.and lane G.Wallower recorded April 28, 1966 in Book 566, under Reception No. 1487904,Weld County Records,conveying an undivided 2/12 interest in and to all of the ail,gas,and ether mineral;in and under,and that may be pd from said band.(Parcels 1 and 2) 2. Mineral Deed from Ben H.Gregg and Artie P.Gregg to Mark Vaughan Gregg, Kent Bradley Greggiod Gwendolyn Jane Gregg recorded April 2B,1966 in Hoak 566, under Reception No. 14879015, Weld County Records, conveying an undivided 1/12 lateral in and to all of the oil,gas,and other minerals in end under.and that may be produced from said land. (Panels 1 and 2) 3, Mineral Deed from Union Pacific Land Resouncra Corporation to Champlin Petroleum Company recorded March 24, 1972 in Book 664, undo Reception Number 1586146,Weld County Remeds,cenveying all intaeat in and to all of the all,gas(pa,caaingheed gas,distillate,condesa+wtte,helium and all other gsaeaaa subatancea) &associated liquid hydrocarbon in and under,and that may be produced from add land. Said interest being rectanveyed to Union Pacific Land Resautsxa Carpmadat in Quit Claim Deed recorded on lune 6, 1977 in Book 799 under Reception No. 1720995,Weld Connly Records. (Parcel 1) 4. Mineral Deed from Union Pacific Land Rommel! Corporation to Champlin Petroleum Company recorded January 25, 197$in Book 821,under Reception Number 1742593,Weld County Records. (Parcel 1) 5, Gil and gas lease executed by Champlin Petroleum Company, as lessor, and Amoco Production Company,as least,recorded January 25, 197$in Book 921, under Reception Number 1742594,Weld County Records. (Parcel 1) 6. Quit Claim of Right of Way and Surface Lease granted to Snyder Operating Partnerehip L.P. by instrument recorded August 5, 1987 in Hook 1165, under Reception Number 2109449, Weld County Records. (Parcel 1) Estoppel of Ground Lessor on the faregelttg Quit Claim of Right of Way and Surface Lease as recorded on December 28, 1989 in Book 1252 under Reception No,221215. 10 r mml), Inc. LO .atcL13207 We 2476443-1996.010 2476443 8-1532 P-316 02/14/96 03,372 P3 11 OF 29 7. Right of Way for oty nods 30 feet wide on either side of section and township lines,as established by the Board of County Commissioners for Weld County, recorded October 14,1889 in Book 86 at Page 273,Weld County Recorder B. A Condition contained in the United States Patent recorded July 3, 1902 in Book 301,at Page 60,Weld Casty Records,whieh.aatea as follows: 'Yet excluding and accepting from the tot ,by these presmte,'AB mineral Lands'should any such he found to mist in the tracts deusnbed in the foregoing,but this exclusion and excepted according to the terms of the statute, 'shall not be oatdrued to include tool and iron lsued'.• (Parcel 1) 9. Reaervatton al cecRinei in instrument from The Union Pacific land Company to Anne Rhys dated Augur 25,1908,recorded September 19,190$in Book 233 at Page 164, Weld County fords, which is as follows: "EXCEPTING AND RESERVING: FIRST: All coal and other minerals within err underlying said lands. SECOND: The=blew right to prwpeet in and upon sad land for oriel and other mintuall, therein or which may be supposed fa be therm,and to mine:for end remove 6om mid land ill coal and other minerals which may be found thereon by anyone, THIRD: The tight of ingress,egress and regress upon-en7d land to prospect for, mine and remove any and all such coal or other minerals and the right to uee so much of Raid land as may be convenient or nary for the right of way to and from such prcapect places,mines,end for the convenient and proper operation of oust prospect plain, mines and for rode and epprrachea thereto,or for removal therefrom of oaatl,mineral,machinery or other materials. FOURTH: The right to Union Pacific Railroad Company to maintain end operate its railroad is its present form of cosistroction or method of-operation of mid rai lined and to tale any change in the form of construed=or method of operation of said Railroad." (Parcel 1) 10. Deed fora 70 foot road on the West aide of the Northwest Quarter al granted to Fromm E.Mulvihill by inenuneat recorded lune 6, 1922 in Bark 622,at Page 428, Weld County Records. Said,trip of land conveyed in Deed to Weld County recorded or lune 27,1922 in Book 622 at Page 44-3 of the Weld County Records. (Parcel 1) 11. A Condition contained in the United Stag Patent rearded Mph 12, 192.4 in • Book 677.at Page 86,Weld County Records,which status as Hollows: 'Subject • m any vetted and aocnsrd water rights fur mining,agricultural, roan cl sing or other purposes,and right to ditches and reservoirs used in connection with such water rights,as may be recognized and acknowledged by the local customs,taws and decisions of Courts;and these is reicrvod from the land,hereby granted,a 11 ;1€ 1I IIIIr I:[I� 1 S3Lx.D, Inc. LG. SK1.13207 HE 2476443-1996.011 'r 1k1 5 2476443 B-1512 P-316 02/14/56 03;37P P3 12 OF 29 right of way thereon fee ditches of canals Constructed by the authority of the United States.' (Parcel 2) 12. Innervation of an undivided one-half of all oil, gas, and minerals underlying . subject ply,as reserved by The Federal Land Bank of Wichita,vn instrument recorded May 14, 1941 in Book 1078,at page 580 of the Weld County Records. (Parcel 2) 13. Mioeal Deed and Royalty Conveyance from Bea H.Orepg and Artie F.Chegg to Mark P.Gregg,Ben H.Gregg,Jr.and Jane G. Wallower,dated December 22, 1950,and recorded January 5,]931 m Book 1291,at page 62 of the Weld County Records,conveying an undivided 314 interne in and to all of the oil,Ai,and other minerals in and undo%and that may be produced from said land. (Parcels L and 2) 14. Oil and gas lease dated December 18, 1981 executed by Dave Baumgartner and [held Baumgartner.eta lessor.and Centennial Petroleum,Inc.,as lean*,recorded limitary 6,1982 ha Book 958,under Ree perm Nueaber Ig79090,Weld County Records,for a primary term of Two(2)years,and as long thereafter er as ml,pa, other hydrocarbons,or other mineral!is produced from said land hereunder, or drilling or reworking operali ne are conducted thereon.(Parcel,2) 15. Terms,agreements,prwisiou,conditions and obligations as contained in Surface Owner's Agm®eat by and betaten Eagle Peak Farms,Ltd.,a Colorado Limited Partnership and Union PacifLe Resources Company recorded September 2, 1992 in Book 1349 as Reception No.02302142_(Affects Parcel 1) 16. Terms, agreements, prarisioos, condition end obligations as contained in Agreement by and between Eagle Peat Farms, Lid., and Lomita Operating Coonpany resrardesd January 19, 1993 in Book 1367 as Reception No. 02318677, (Affects Parcel 1) 17. Easement and right of way for pipeline and other appurtenances,as granted to Snyder Oil Corporation by Eagle Peak Farms,Ltd.,in the instrument recorded April 23, 1993 in Book 1380 as Reception No.02330230,the Sonatina of which is shown in the map attached to said instrument.(Affects Parcel 1) 18. Tercet, agreements, provisions, oundilione and obligations as contained in Memorandum of Surface Damage Agreement by and between Eagle Peak Farina, Ltd.,a Colorado Limited Partnership and Snyder Oil Corpora ion recorded July 21, I994 in Book 1451 1a reception No.02398575.(Afters Parcel 1) • 12 1 . r 1 seam, Inc._ 1.G sia.13207 WE 2476443-1896,012 1 2476443 13-1532 P-316 02/14/9e 09'37P x+ 13 of 29 i9. '1'tsms,ISCONTICnta,provisions,conditions and obligations as contained in Surface Owner's Agreement by and between Eagle Peak Farms.Ltd.,a Colorado 1.,lmjted Partxaship and Union Pacific Reaourore Company nettled luly 25, 1994 in Bonk 1452 as Reception No.02398961. (Affects Parcel L) The following general notice'of orsietaound feat=have been tiled pursuant to Section 9-1.5-103,C.R.S.: a) Mountain Bell Telephone Company,recorded October 1, 1981 in Book 949 se Reception No. 1670705. b) Associated Natural Gas, Inc.,recorded Any 20, 1984 in Book 1437 as Reception No. 1974810. e) Colorado Intone=Go Company,recorded August 31, 1984 in Bonk 1041 as Reception No.1979784. d) Public Service Company of Coh ado,recorded November 9,1981 in Book 952 as Receptacles No.1874084, e) Wooten Gas Supply Company,recorded April 2, 1985 in Book 1063 as Reception No.2004300. • PARCEL G. Lail of Recorded Exemption No. 1477-09-2RB1514,recorded October I&, 1993 in Book 1407 as Reception No,02355469,being a part of the NW LM of Section 9,Towrnehlp 1 North, Range 63 West of the 6th P.M,,County of Weld,State of Colorado, Together with all and singular,Mc lrernditwrocats and appurtenances thereto belonging,ur in anywise appertaining;including bat not limited to,any and all fixtures, all other homes and buildings,mobile homes,buns, fences,Any and all easements,rights-of-way,or other rights of • aeons used in ennjunciian with the Property,any and all growing coops,thee,and shrubbery; and Togethet with all want end water nom,ditches and ditch rights,reservoirs and reservoir rights, springs and spring rights,wells and well rights,both tributary and non-tributary and designated and eon-desgnated,on,wader,appurtenant io,or used on t e land herein described,including but not limited to the following: the water rights represented by Final Permit No.31595-FP(formerly Permit No. 11587- R);and All interest in the Henrylyn Irrigation District and water rights within said District associated with Of appurtenant to the land described above. 13 IVI■IIIIIII,llfl' LI I ' ; [ `5t 9KLD, Inc. LG slc,13207 W£ 2476443-1996.013 1 2476443 8-1512 P-31e 02/14/96 037.17p pa 14 07 29 .Including any and all casrmait1 and rightsof way associated with the weber end water rights, including, but not limited to, eaarnwnta and rights-of-way far the carriage of water to the Property,discharge of water from the Property,and tinrage of water di of the Property;and specifically hmtuding the irrigation well and easement and right-of way on,aortae and ender the Southeast Quarter(SW1/4)of Section 9,Township I Nardi,Range 63 Wen of the 6th P.M.,an resorted unto item W. Meyers, Jr., and William E. Phillips in a Warranty Deed recorded December 13, 1979 in nook 890,Reception No. 181181A for the irrigation well designated by Pertidt No. ludisrR(now Final Permit No. 31595-FP),together with permanent acorns for ingrosa and egress to said well an the existing east-west farm road to operate,repair, maintain, ro.drill andfor replace raid well,the underground piprii,r front said well,which supplies water from said well to the Northwest Quarter(NW1/4)of Section 9,Township 1 North,Range 63 Wert of the 6th P.M., subject to proviaone set out in above mentioned Warranty Peed; and including all headtaaes,flomea,diversion structttras and meeauring structures,pumps,motors and other property tined in delivering water to the Property and measuring tg water tiered on the hopes ty; and Together with any and all personal property,flxlures and other items used in ronjtn etlon with or associated with the foregoing property,and spscificaIly including all well pumps and irrigation equipment;and Together with all minerals of whatever kind or character,including but nor limited to,all oil and gas and constituents thereof,gravel,tend and ooei,in,wider and upon or that might be produced from the described lands,now owned or hereafter acquired. Together with the re servers=and=glow is from the conveyance from Eagle Peak Farms,Lid., a Calmed°Indeed partnership,to William A.Kremer and Wanda P.Kramer by a Warranty Dead dated November 12, 1993,and recorded on November 15,1993,as Book 1412,Reception No. 02359T35,of the books and records of the Weld County Clerk and Recorder,pertaining to the following described land: Lot A of Recorded Exemption No. 1477-O9-2RE1514,-recorded October 10, 1993 in Hook 1407 as Reception No.O2355469,being a part of the NW1/4 of Seaton 9,Township 1 North, Range 63 Weat of the 6th P.M.,County of Weld,State of Colorado. The rescreenuns and exceptions are more particularly described as follows: All water and water rights,ditches and ditch rights,rese vairs Ind reservoir rights,springs and spring rights,wells and well rights,both tributary and nom-tributary and designated and non-designated,on,under,appurtenant to,or used on the following dacrihed land, which is hereinafter referred to as'the Property',which is described as the Northwest Quarter(NW ll4)of Section 9,Township 1 North,Range 63 Went of the 6th P.M.,except the land described as lit.A above,including but not limited to the following: 14 SanD, Inc_ LG. SI 13207 WE 2476443-1996.014 i 24764.13 ,}1532 P-31.6 02)14/96 03:37P PG 15 CIF 29 The water tights represented by Fowl Permit No. 31595-FP(formerly Permit No. 1158"7- R)issued by the Colorado Ground Water Commission;and All interest in the Hearylyn Irrigation D ORI and water Vita within said District associated with or appurtenant to the Property. Inoloding any and all casements and tights-of-way associated with the water and wtsrr rights,including,but tux llmimd to,moments and rights-of-way for the carriage of water to the Propaty, discharge of water from the Property,and storage of water off of the and spreirmally including the irrigation well and eataeusent and right-of way on, across and tinder the Southwest Quarter(SWIM)of Seddon 9,Township 1 North,Range 63 Wed of the 6th F.M.,as reserved unto John W.Meyers,Ir.,and William a Phillips in a Warranty Dead recorded Do:ember 13, 1979 in Book 890,Reception No.1811818 for the irrigation well designated by Permit No, R-11587(now Final Permit No.31595- FP), together with permanent access for ingrnae and ageism to said well on the muting east-west tarps road to operate,repair,nwJatatn,to-drill andfor replace add well and the underground pipeline from said well which supplies irrigation water to the Northwest Quarter(NW1/4)of Section 9,Township 1 North,Range 63 Weal of the 6th P.M.,end is further act forth in said Warranty Deed;and inr1,tdi1g all bctdgates,flumes,diversion structures and meaa®g strvrhlrer,pumps,motors and other property used in delivering water to the Properly and measuring water used on the Property; ! Together with any end all peraaaal property,failures and other items used in conjunction with or assodated with the Property, and specifically including all well pumps and irrigation agnipmenth (hanks further reserves and=Vs from this mnvcyance a right-of-way and easement to and across the land conveyed by this Dodd for ingress and egress to the Property. The land conveyed by thin Deed may be traversed with vehicles of any type or description for the use and benefit of the Pmpaty. The property is subject to the following restrictions and limitations: 1. Rights of way for county roads 30 feet wide on each side of Sadism and Townahip lines, ae established by Order of the Board of County Commissioners for Weld County,recorded October 14, 1889 M.Boole 86 at Page 273. 1 2. Right of way and taeeenent for'Eolargerent of The D.A.Ford Reservoir No,4' as evidenced by Statement filed August 26, 1907 as No. 12]990. Desa5ba W 1f2 NW114 and N131/4 of NW114,Section 9,Township 1 North,Range 63 West of the 6th P.M. (with other lands). l 15 f!■iii=Kill I ;:! 1 -.- - j T I I I I I 1 SKID, Inc. LG WiL132D7 WE 2476443-1596,015 • 34764143 0-1532 P-M6 02/14/96 09:37P 90 11 OP 29 3. motions by the Unice Pa frc Railroad Company of(1)all oil,coil and other rm aurierilOo8 lobiEct Ply,(2)the erselmdve fight to prospect for.nine and remove oil,coal and other minerals,and(3)the eight of ingress and ogress and regress In prospect for, cline and mow oil, coal and ether reinerais, Rl1 1s contend in Deed tie ceded November 29,1907 in tlook 233 at Page 128,and any interests therein or rights thereunder. 4. Baseotett and right of way for railroad purposes, as granted to The Chicago, Burlington&Quincy Railroad Company by Charles B. Christy,in the instrument recorded July 9, 1925 is Book 779 as Reception No. 465364, affecting the following described property: A ship of land 59 feet wilt em the Wetstnily side of and adjoining the center line of the beet spur track of the raihrd of sand railroad company as now surveyed, over and across the B1/2 of the W1/2 of Section 4, Township 1 North,Range 63 Wert of the 6th P.M.,and a strip of land 50 feet wide m fie Bondy side ands joining said center line of the railroad over and across the W112 of the WEI/4 of said Section 9. It is also stipulated that if this land bendy conveyed shall cease to be used for railroad purposes in that event it shall revert to this grantor. 5. Basement and right of way for road purposes, as granted to Weld County, Colorado by Fred Durbin,in the itterumentnece tied March 25, 1931 in Book 911 at Page 64,affecting the following described property: A strip of ground lU fat wide it being all of the South 10 feet of the North • 40 feet of the N712,Section 4,Township 1 North,Range 63 West of the r 6th P.M, 6. Tams,agrecrmantar provisions,conditions and obligations as contained in Surface Owner's Agreement by and between Eagle Peak Pamir,lad.,and Union Pacific Resources Company recorded May 22, 1992 in Book 1337 as Reception No. {12256934, 7. A 31) feet wide acs, utility, water will and water line Easement over the Northwesterly portion of subject property as shown on Recorded Haemption No. 1477-09-2-MR1514,recorded October 18,1193 in Book 1407 as Reception No. 02355469, PARCEL L1z The Wed One-Half CN1/2)of Section 35,Townilnip 2 North,Range 63 West of the 5th t� P.M.,in Weld County,Colorado. 16 • WELD, !no. LG SKL13267 WE 2476443-1996.0],6 2416443 11-1532 F-316 02/14/96 03:371' PG 17 OF 29 Together with all and singular,the bereditameots and appurtenances them Wraiths,or in amywiae apperniting;including, dui not limited so, any rand all features,fencta, any and all eaaemmte,rights-of-way,or otter rights of worm used in em}unetiae with the Property,any and all growing crops,tre:ca,and shrubbery;and Together with all wader and water rights,ditches and ditch rights,nr000ndrs and reservoir rights, cgs and spring rights,wells and well rights,both tributary and non-tributary and designated and Hart-deafpte.rod,on,under,appurtenant to,or used on the lands herein described,including but not limited to the following: the water rights Represented by Well Permit Non. 1771-FP(formerly 1771-R), 1772-FP(formerly 1772-R), 1773-FP(formerly 1773-R)and 1774-F?(formerly 1774-ic);and all interest in theHcuylyn lydgadon District and water rights within said District associated with or appurtenant to the land described abawe; Including any and all easements and tights-of-way associated with the water and water rights, including, but not broiled to, easements and rights-of-way for the carriage of water to the fl Property,discharge of water from the Property,and storage of water off of the Property;and including all b..lgrr s,flumes,diversion'tumbrel and measuring structures,pumps,motbre, meters add other property used in delivering water to the Property and measuring water used on the P,opedy; Together with any and all peraeawl property,fixtures and other item;used in conjunction with or associated with the foregoing property,and specifically including,all well pampa and irrigation equiprorm Together with all minerals of whatever kind or character,now owned or hereafter acquired, including but net limited to,all ml and gas and constituents thereof,gravel,sand and coal,in, under and upaa or that might he produced from the described lands. The property is subject to the following restrictions and limitations: 1. Rights of way for county roads 30 fat wide on each aide of Section and Township lines, es eaubliahed by Order of the Board of County Commissioner for Weld County, recorded October 14, 1689 in Boer 86 et Page 273_ 2 Reservation of right of way for any ditches or canal cmut sited by authority of the United Sutra,in U.S.Part recorded September 12, 1914 in Book 385 sr page 185_ 17 m■i11Eiit�l iT- c nKLD, Inc. La 5KL13207 WE 2476443-1996.017 2476443 B-1132 P-31.6 82/14/96 03:37?PG 18 4P 29 3. Easement and right of way for an electric transmission line and other ippcutmanrra,6nuah:d to the United States of America by The W eieker Investment Company,a Colorado Corporation by lnannmrat recorded December 6,1944 in Book 1145 at Page 353, in which the eper3fit location of the eeacmmtt is not defined.(Affects the NW114 NW114 of Section 35)- 4. Eascmect and right of way for a right of way 60 feet in width located in the SW1/45141/4 Section 35,Township 2 North,Range 63 West,graaaed to Phillips Petroleum Company by Wecclxr Investment Company by instrument recorded March 24, 1975 in Book 735 as Reception No, 1656542,in which the specific lorahcn of the casereot it not defined.(Affect the SW I/4 SW1/4 of Section 35) 5. Oil end gas lease betweat Eagle Peak Parma,Ltd.,4 Coloreds Limited Partnership and J. Michael McGhee dated December 13, 1943, recorded June 15, 1994 in Book 1446-as Reception No. 02393566, and any interests therein or rights thereunder. PAB,CELL Parcel 1: The N112 of the NEt/4 and the SVWT114 of the NB1I4 of Section 32, Township 2 North,Range 63 West of the dth P.M.,in Weld County,Colorado EXCEPT the East 15 feet of the SW 114 of the NE1/4 thereof. • • Parcel 2: The 5112 of Section 33,Township 2 North,Range 63 West of the 6tb P.M.,in Weld County.Colorado Parcel 3: The NE1/4,the WI/2 of the SE114 and the SE1/4 of the NW1/4 of Section 4,Township 1 North, Range 63 West of the 6th P.M.,in Weld County, Colorado EXCEPTING THEREFROM a parcel of land conveyed by deed recorded September 2,1948 in Book 1233 at Page 516,described as follows: Eir.O3M itit3 at a point 47.6 feet East and 30 feet Booth of the Northwest Cotner of said ikTE1/4 of said Section 4, said point being the intnreediot of South boundary line of County Read and East right of way line of the Chicago, Burlington&Quincy Railroad; thence N88'54'E on said South boundary lint of said County Road, 110.02 feet i to a who; 1 thence Sarah parallel with said Pad right of way tine of said Railroad, 1121.7 feet to a point; thence 951°55'W, 139.75 feet to a point en said East right of way line of said Railroad; -thence North on said East right of way line of said Railroad 1210.0 feet to the POINT OF BEOINNJNC3. Ell�litll li @G f@ i:f I .77-11.1 • 91CLQ, Inn. 1.6 mu-13207 WE 247'6999-2996.018 •2476443 8-1532 P-316 02/14/46 03.37P Pd 19 OP 29 EXCEPTING THEREFROM parcels of land as carveyed by deeds recorded in Book 779 at Pages 231,246 and 389. And specialally including,but not limited to, a pared of land located in the Northeast Quarter(NE1/4)of the Northeast Quarter(NE.1/4)of Section 4,Township 1 North,Range 63 West of the 61h P.M.,which parcel is more particularly described as follows: A 10 foot by 10 Toot tract of which the Northeast corner thereof lira 206 feet South and 54 fat West of the Northeast earner of Section 4,Township 1 North,Range 63 West of the 6th FAL,Weld County,Colorado. • Together with the easement and right of way sesociated with said panel,all of which is set froth in the Basement recorded March 22, 1964 in Book 1024,Reception No. 1960174 with the Clerk and Recorder of Weld County. Together with ell and singular,dm h r ditamaita and appurtenances thereto belonging,or in anywise appertaining;including but not limited to,.any and all Betters,fences,any and all easements, righta-of--way, or other rights of access used in conjunction with the Property, specifically including,but not limited to,all eight and interest In the Agreement dated Sine 7, 2951 between Frick A.Nei tied Risp4h A.Nest,Clarence 0.Byrnes Ind Annie Faye Byrnes, and H.E.Crew,recorded August 13, 1951 in Book 1309,Page 220,Reception No. 1112303 with the Clerk and Recorder of Weld County,and the Agreement dated June 7, 1951 between Clarence O.Byrnes said Annie Faye Byrnes,and H.P.Crow,roc rded August 13,1951 in Bonk 1309,Page 224,Reception No.1112304 with the Clerk and Recorder of Weld County;and any and ali growing mops,trees,and shrubbery;and 'lbgetber with all water and-water rights,ditches and ditch rights,reservoirs and reservoir rights, springs and spring rights, wells and well rights,both tributary and non-tributary and designated tad ton-designated,on,under,appurtenant to,or presently used an the land herein described,including but not limited to the fallowing: The water rights represented by Final Permit No.31654-FP,formerly Well Permit No. 16248-R; the water rights represented by Final Permit No. 3i653-FP, remedy Well Permit No. 16247-R;the water rights repreeecn d by Final Permit No.31652-FP,formerly Well Permit No. 16246-R;the water rights repo:meted by Final Permit No.31612-PP, formerly Well Permit No. 12315-R;the wens rights srtpra mows by Final Permit No.315A-FP,ismaly Well Permit No. 4648- R;the water lights represented by Final Permit Na. 1730FP,formerly Well Permit No.R-1739;the water rights remerented by Find Permit No. 1731PP,formerly Well Permit No.R-1731; The water rights represented by the small capacity,domestic wells designated by Permit Nee.17940,2598 and 22455,and the additional,small capacity,domestic 19 1 mcrn, Inc. LO 3x7.13207 WE 2476443-1996.019 2476443 B-1532 P-316 02116/46 03:37P PG 29 OF 29 well located on the Pared 2 described above,and the additional, small a apaelty, (brocade well located on the and Parcel 3 described above; All Mtrireal in the 1₹ruylyn Intalioli District and water tights within said District aaanrleted with or epptutrnattt to the land described above, Including any and all aaecznatta and rights-of-way associated with the water and water tights, including, but not limited to, dillethelth and right)-of-way for the triage of water to the Property,discharge of water from the Property,and storage of water off of the Property;and specifically inrhihinf,but not limited to,an easement apprmdmate1y twenty('20)feet in width for a pipeline and ditch from the well designated by Final Permit No.31612-PP(formerly Permit No. 12315-R),which is located in the Northwest Quarter(NW 114)of the Soutlmot Quarter(S131/4) of Section 33,Township 2 Naiti,Range 63 Wry of the 6th P.M.to the North Nall(741/2)of the Northeast Quarter(NBIf4)and Southwest Quarter(SW1/4)of the Northeast Quarto(NE1/4)of When 32,Township 2 North,Range 63 Wet of the 6th P.M.,which eminent is approximately described as follows: Beginning at apint neer the Northwest canna of the Squthweet Quarter(SW1/4) of Section 33,Townuatip 2 Nei h,Range 63 Wert of the 6th F.M.,then West into the Madinat Quarter(NEild)of the Soutrat Quarter(S131/4)of Section 32, Township 2 North,Range 63 West of the 6th P.M.,then North into the Southeast Quarter (SE114) of the Northeast Quarter(NE1/4)of Section 32, Towoahip 2 North,Range 63 West of the 6th F.M.,and parallel to the East section litre of said Section 32 and Wert of Weld County Road 65,to a point near the East quarter con of the Meatball Quarter($45114)of aid Section 32,which paint is located on the Fast-West centerline of the Northeast Quarter(NEII4)of said Section 32. The approximate location of the easement is marked as •A"on Exhibit B to a {le tend Warranty Deed recorded or Mich 23,1990 at Book 1259,Reception No. 02208805; And also specifically including,but not limited to,two tssemeetsapproximately twenty (20)feet in width for a pipeline and ditch from the well designated by Final Permit No,31654-FP (formerly Permit No. 1674g-R), which is located in the Northeast Quarter (N61/4) of the Northeest Quarter(NE1/4)of Section 4,Township 1 North,Range 63 West of the 6th P.M.,to the Souls Half(S112)of Se lion 33,Township Z North,Range 63 West of the 6th P,M.;and one etement is approximately described as Follows; The easement is across Weld County Road 14 and!voided ate point beginning West approximately 300 fact from the Northeast corner of the Northeast Quarter (NE1/4)of Sectim 4,Township 1-North,Range 63 West of the 6th P.M.,thence approximately 100 fed North. The approximate location of the eaaerlrtttt is snarled as'B"on Exhibit B to a filatesal Warranty Deed recorded on March 23, 1990 at Book 1259,Reception No.02248805; 20 j I I l I T fT I , 1T 814.11, Inc. LG 91(1.13207 WE 2476443-2996.020 2476443 B--1532 P-316 02114/96 03:37P P(3 21. 91, 39 and the other easement is approximately described as follows; • The easement crosses Weld County Rood 67 and is located at a paint beginning South ap wuximataty 300 feet from the Northeast corner of the Northeast Quarles (NE.114)of Section 4,Township 1 North,Range 63 West of the(rth P.M, thence Past awnvaimat dy 146 feet into the Northwest Quarter 114W1/4)of Section 3, Township 1 North,Range 63 West of the 6th P.M., thence North approximately 250 feet,then East appsrndmaisly 200 feet,thence North approximately 300 feet into the Southwest Quarter(SWIM)of Sacriao 34,Township 2 North,Range 63 West of the 6th P.M.,thence Northwest approximately 400 test,thence North appr almate₹y 1450 felt,thence Northwest approximately L00 feet araoas Weld County Reed 67 to the South Heif(S1/2)9f Section 33,Township 2 North,Range 63 West of the 6th P.M. The approximate location of the easement ie marked as 'C` on Exhibit B to a G3araal Warranty Deed recorded en March 23, 1994 at Book 1259,Reception No.02208805; and including all rieadgam,thanes,divapon drucwrea and meanning Etna:lures,pumps,metnra. meters mid other property used in delivering water to the Property and measuring water used on the Property, Together with any and all personal property,fixtures and other items used in conjunction with or associated with the foregoing property, and specifically including all well pumps and irrigation equipment; and 'Cvgrtlrr with a31 minerals of whatever kind or character,including but not limited to,all oil and pa and constituents thereof,gravel,sand and anal,in,under end upon or that might be produced from the described lands,now owned or hereafter acquired by the Grantor,aub)ect to the restrictions and limitations herelnefha-described. Any and all water and water tights associated with Final Permit Nos.31572-Flt(formerly • Permit No. 10046-k)and 31573-FP(formerly Permit No. 100471),which wells are permitted under the name of Julius A. Plum,located in the Northeast Quarter(NE1)4)of the Southwest Quarter(SW1/4)of Smoidom-4,Ter nittip 1 Nash,Range 63 West of the 6th P.M.,and permitted to irriy}ttela:d including part cite Northwest Quarter(NW1/4)of Section 4,Township I North, Range 63 Wet of the 6th P.M. The property is subject to the following restrictions and limitations: 1. Rights of way for County Roads thirty(30) feet wide on each aide of section and townatrip lines,as established by Order of the.Board of County Coatmiaahmeaa for Weld County,recorded October 14,1889 in Book 86 at Page 273. 21 lal�[Il�liff i ' II I ---- , i i 91 ,0, Inc. La 5 113207 WE 2476443-2519.6.C21 • 4 2476143 B-1532 P-314 42/14/96 03:37P PG 22 OP 29 2. Reservations made by the Union Pacific Railway Company in deed recorded September 30, 1907 is Book 233 at Page 117, and any and all assignments thereof or inlen:ati thudn,providing substantially as f0llowa; Reserving unto mid Company and eta assigns all real that may be found underneath surface of land herein described and the eaclualve right to prospect and mine same,also such right of way and giber grounds as may appear neomaery for prober working of any coal nines that may be developed upon said premises,and for transportation of coal front state. (Affects 51/2 of Section 33) 3, Reservation of right of way for any ditches or canals collet:voted by authority of United Stites,is U.S.Patent recorded lune 25, 1915 in Book 365 ea Page 115(Affects SE1/4 NWI14.NWLl4 Sfil./4,SWl/4 NE1/4 and Lod 4 of Section 4};recorded October 27, 1920 in Book 460 at Page 132 (Affeas 58114 NW 114,Lot 3 of Section 4);'recorded November 24, 1928 Iii Book 677 at Page 209(Affects N1/2 NE1/4 and SW1/4 N131(4 Section • 32);recorded December 5,1919 is Bonk 507 at Page 467(Affects.S W 114 I SE1/4 Section 4) . 4. Bight of way for the low line lateral as granted to the lienrylyn Irrigation District by Deed recorded November 23, 1926 in Book 914 at Page 157. (Affects 3112 Sodion 33) 5, Torero,agreements,provision",condition'and obligations as contained in Agreement by and between Frank A,Neill,Rispah A. Neat,Clarence O. Byrnes,Annie Frye Byrom and it.E. Crow recorded August 13, 1951 in Book 1309 al Page 220. (Affects W1/2 NE 114 and NEl14 NE 114 Section 32) 6. Tams,agreements,provisions,cOndilions and obligations in contained in Agreement by and between Clarence O.Byrnes,Annie Fay Bymes and E. E. Crow recorded August 13. 1951 in Book 1309 at Page 224. (Affects W112 NE114 and N131/4 NF1/4 Section 32) 7. An undivided ch interest in and in all of the all, gas. coal and other mireral"in and under and that may be produced from the above described land, together with the right of ingress and egress at all times for the purpose of mining,drilling and exploring zaiti land for al, gas,creel and other minerals and moving the same therefrom,as reserved by Clarence O. Byrnes and Annie Faye Byrnes in the Deed recorded November 28, 1951 in Book 1317 at Page 585, and any intermits ther in or rights t thereunder_ (Affects W1f2 NE1/4 and NE1/4 NE1/4,Section 32) {� 22 111MINII elf l I I I I I I sa4.A, Ina. r.6 514.13207 WE 2475443-1995.022 I� 2476443 B.-1532 P-31fi 42/14/96 03:37P PG 23 4F 29 8. An undivided 1/4 interest in and to the minpale of every kind and nature • in end under raid lands aub}ect to the rights of ingress and even at all times for the purpose of mining and removing the®me therefrom as reserved by Ethel R.Hobbill in the Deed teoaded January 4,1952 in Hook 1320 at Page 218,and any 1otesceet therein or rights then under. (Affects w112 NH114 and.t,1E114 K1/4 Section 32) 9. Seasonal Irrigation Well Power Crnleaet, between H. W. Young and Morgan Canty Rural Electric Aaociatioa,recorded February 16,1955 in Hook 1412 at Page 8 and to Hook 1412 et Page 10, (Affects SE 114 Section 33) 10. The Mineral Estate(including eIl ail And gas rights)and the right of ingress and egress them and the right of removal therefrom, es crapped by Roberta Hawn in the Deed recorded January 2, 1968 in Book 589 as Reception No_ 1511424,and any interests therein or rights thereadu. • (Affects W112 NE1/4 and the SWIM?MI/4, and NWl/4 SEI/4 and • SW114 SE1/4 Section 4) 11. An undivided t1s inhered in and to all oil gas mod['l m m'nncrala in and under the surface of said land, with the right of ingress and egress to prospect for and remove the same ea reserved by Thtsodote Zimbelman and Esther A.T,mbeiman in.fir Deed recorded November 6,1969 in Book 617 sa Reception No. 15339015,and any Warm therein or rights therpmder, (Affects 131/2 NB1/4 Section 4) 12. Right of way In lay,maintain,inspect,xi-pare,erect,operate and remove a pipe lino or pipe liner as granted to Phillips Petroleum Company by instrument dated September 20,1974,recorded October 8, 1974 in Soak 724 at Reception No. 1646241. (Affects NE114 end W1/2 SEI14 of Section 4) • • 13. Right of Way easement 16.5 feet wide to construct,operate,maintain and remove communication and other facilities as granted to The Mountain Stites Telephone and Telegraph Company by instrument dated October 25, 1974, recorded November 11, 1974 to Book 726 as Reception No. 1648284,over and across th&fallowing described property: The South 16.5 feet of the North 46.5 feet of the N112 of the NE114 of Sertian 32,Township 2 North,Range 63 West of the 6th P.14.,which strip is South of,panllei to,and abating the.South Right of Way lino of County Road Number 16. 23 } f -- IAii�f ll�Ffll l _ I -77 t • Inn, LO SIL13207 WS 2476443-1996.023 • • 2476443 9-1532 P-316 C12/14/96 03:37? Po 24 or 29 14. All of the coal,oil,gas,caainghead gas and all ores and minerals of every ti kind and nature underlying the surface of Mt realty heroin conveyed, , together with the full right,privilege and Howie at any and all limes to • crplore, or drill for and to protect, unnerve, mine, lake, remove and • market any and all each products in any manner which will not damage struciures des the audios of the realty herein conveyed, a reserved by Burlington Northern Xuu..eucoeaavr in interest to Chicago,burlington& Quincy Railroad Company,in Deed mended lune 12,l981 in Book 938 as Reception No,1860423,and any and all aaaignmenta thereof or interests therein.(Affects the Easterly V4 of Burlington Northern Inc.'s 100-foot • wide Tampa Bert Spun'right away,now removed,lying within the SE1/4 of Section 4,Township 1 North,Range 63 Weal of the 6th[P.]H,;Mae,all of the 100-foot wide:right of way,being 50 Feet wide on each adds of the track cater line of Burlington Northam Inc,'s Tampa Beet Spur right of way, now removed, lying within the SW; of Section 33, Taweahip 2 North.Range&3 Wert of the 6th P.M,) 15. Oil and gam lease between Eagle Peak Fume,Ltd., a Colorado Limited Partnership and 7.Michael Moahce Mond December 15, 1993,recorded June 15,1994 in Book 1446 an Reception No.92393564,and any interests therein or rights thereunder. (Affects Parcel 3) 16_ Oil and gas lease between Eagle Peak Farms,T . a Colorado Limited Partnership and J.Mi'hael McGhee dated December 15, L993,recorded Time 15,1994 in Book 14-46 a3 Reception No.92393566,and any interests jl therein or rights thereunder. (Affects Parcel 1) 17, General notices of underground facilities pursuant to Section 94.5-103, C.R.S. {uu) Mountain Bell Telephone Company,recorded October 1, 1981 in Book 949 as Reception No.1$70705. (b) Colorado Intestate teas Company,recorded August 31, 1984 in Book 1041 a Reception No, 1979784, (c) Associated Natural Gas,Inc.,recorded April 10,1989 in Book 1229 as Reception No.2173917, (d) Public Service Company of Colorado,recorded November 9, 1981 in Book 952 as Reception No. 1874084. (e) Weataa Slope Gm Company,recorded b(aruh 9, 1983 in Book 990 as Reception No_1919757. (1)Weatmt Gas Supply Company,recorded April 2, 1985 in Book 1063 as Reception No.2004300. 24 'll INT sAIA, Inc. LG 5KL13207 WE 2476443-1996.024 2476443 3-2132 P-316 02114146 03:31t' en 25 4Y 24 Parcel 1: The North Half(N1f2)of the Southwest L14(SW114)of Sectloa 23,Township I North,Range 53 Wen of the 6th PrinCipat Metidean,County of Weld,State of Colorado,=misting themftam a parcel of land conveyed by deed recorded June 5, 1922,in Book 622 at Page 428,being more pnticularly described as follows: The Weat 70 fret of the North Qnahalf(Nif2)of the Southwest Quarter(SWi14)of Scram 23,Township 1 North,Range 63 Went of the all P.M.; and including a part-of the Southeast Quarles'(SHII4)of section 23,Tttwndup 1 North,Range 63 Wet of the 6th Principal Meridian, County of Weld,State of Colorado,described as follows: Beginning at the Southeast owner of said Section 23; Thence North 89°29'25"Weat an an assumed bearing along the South line of said Southeast Quarter (5E114) of Section 23 a distance of 2550.07 feet to the True Point of Beginning; Thence North 00'00'26'Bast a distance of 458,88 feet; Thence North 38°58'24'East a distance of 302,31 feet; Thrace North 55`13'29'Bast a distance of 355.44 feat; Thence North 40'48'48'East a distance of 68.03 feet; Thence North 00'58'1$'Bast a distance of 286.73 feet; Thence North 89'52'16'East a distance of 703.17 feet; Thence North 41"37'17'Beata distance of 463.27 fed; Thence North 29'29'28'Past a distance of 444.53 feet; Thence North 06°15'1V West a distance of 170.57 feet; 'thence North 54°21'45'West a distance of 342.34 feet; Thence Nord:30.16'42' Weal a distance of 337.95 feet to the North line of said Southeast Quieter(SH114); Thence North 89'38'54'West along said North line a distance of l38286 feet In the center of Section 23; Thence South 00"i7'11'West along the West Hoe of said Southeast Quarter(9884)a distance of 2640.48 feet to the South Quarter (5 114)corner of said Section 23; Thence South 89'29'25'East along the South line of said Southeast Quarter(SE1/4)a durance of 102.00 feet to the Toe Point of Beginning;which parcel.wntalns 61.242 acme more or Less; Tagether with a non-exclusive common annum road easement,which may be used by persona and vehicles of any type and description and at any time for any purposes axroaatad with rho use of the foregoing properly,and which is described 25 I�■[1®IIf Eli "I.I I I I I I' SAID, Inc. 1,ti 92Q,13207 WF 2476493-1998.t25 2476443 X1512 1-316 92/14196 03:37P 'PG 26 OF 29 as that j*rt of the Southeast Quarter(SE114)of Section 23, Township 1 North, Range 63 West of te 6th Principal Meridian,County of weld,State of Colorado, described as: Beginning at the Southeast earner of said Section 23; Thence North 84°29'25'West on an assumed bearing along the South lice of said Southeast Quarter (5$114) of Section 23 a • distance of 2550.07 feet to the True Point of Beginning; Thence North 00.00'26'East a distance of 458.88 feet; Thence North 36'58'24`East a distance of 302.37 feet; Thence North 55'15'29'East a distance of 355.44 feet; Theme North 4O'46'48"East a distance of 68.05 feet; Thence North 05'58'18'East a distance of 288.73 feet; Thence North 89"52'16'East a distance of 703.17 fad; Thence North 41°37'17'East a(ha' Lance of 463.27 feet; Et Thence North 29'29'2r East a distance of 444.53 fact; Thence North 06'15'18"Waste distance of'170.67 feet; Thence North 54'21'45'West a distance of 342.34 fed; Thence North 30'16'42" West a distance of 337.95 feet to the North line of said Southeast(limiter(SSlf4); Thence South 69°38'54' East along said North line a distance of { 34.86 fed; Thence South 3O'16'42"East a distance of 313.79 feet; Thence South 54'21'45"East a distance of 349.33 feet; Tenon South 06'15'16"East a(Ritatice of 193.93 feet; Thence South 29'29'26"West a distance of 457.39 feet; Theme South 41°37'17'West i distance of 466.49 feet Theme South 89°52'16"West a distance of 695.90 fret; Thence South 00°58'16"West a distance of 284.18 feet; '[hence South 40°48'48'West a distance of 82.71 feet; Thence Soh 55°13'29'West a distance of 354.95 feet; • Thence Smith 313°56'24"West a distance of 287,47 feet; Thence Scab 00°00'26' West a distance of 448.53 feet to_said South line of the Southeast Quarter(8E114); Thence North 69'29'25'West-along said South line a distance of 30.00 feet to the T}ue Point of Beginning. And subject to (1) the reservations and exceptions contained in a Deed recorded or September 19,1908,in Book 233,Page 164;and(2)an easement and right of way on the South 30 fed.thereof for Weld County Road 6; 26 T -THIN • SEQ.0, I;Ao. LG SJGL132O7 WE 2476443-1996.026 9 2476433 B-1532 P-316 02/14/96 03:37P PG 11 or 29 (3)Bowles Reservoir,and soy and all rights of way therefore,as evidenced by Map and Statement filed January 6,1913 as Filing Na.1840$2(Affecta S112SE114 of Parcel 1): (4) Scnafford Ditch, and any and all rights of way therefore,as evidenced by inatniment filed in the office of Clerk and Recorder for Weld County (Affects NWlf4SP114,5112313114,and NE114SW114 of Parcel 1); (5) Terms, agreements, provisions, coedititaa, obligations and easements as contained in Agreement by and between Eagle Peak Parma, Ltd. and Lomita Operating Company recorded January 19, 1993 la Book 1367 as Reeeptian No. 02318677; (6)Terme, agreemana, provisions, conditions and obligations as=Mined in q Surface Damage Agreement betwean Eagle Peak Farms, Lid. and Snyder Oil Corporation as evidenced by Memorandum recorded July 21, 1994 in Book 1451 as Reception No.02398575. The parcel is also subject to as Order of the Board of County Commissioners for Weld County,recorded October 14, 1889 is Book 86,Page 273. All in Weld County,Colorado. Together with all and singular, the bcreditalnesta and appurtenanora thereto belonging,or in • anywise appertaining; including but not limited to,any and all fixtures,all ether homes and • buildings,mobile homes,teas,feces,any and all easements,rights-of-way,or other rights of access used in conjunction with the Pmperty,any and all growing crops,trees,and ahrubbe y, and-specifically including the following items. Together with all water and wafer rights,ditches and ditch rights,reaavnirs and reservoir rights, springs and spring rights,wells and well rights,both tributary and non-tributary and designated and non-designated,on,under,appurtenant to,or used on the land herein described, including but not limited to the following: All right to the wooer front the Hernylyn Irrigation District for the above property;and The water and wafer rights represented by the following Well Permits issued by the State • Engineer and the Colorado Ground Water Commotion; Final Well Permit No.31542FP,former Permit No.S445A,issued an May 22, • 1987,with a priority date of July 29, 1964; 27 EMILIIII ill f TT I - I 71 TT ��. 82G.D, Inc. LO 3K1.13207 WE 2476443-1996.027 fi fi • r. 2476443 9--1532 P-116 42/14/46 O3:37P PG 26 6F 29 Final Well Permit No_31643FF,former Permit No. 148598,issued on May 22,1957, with a prkArity date of lime 8,1946; Final Well Permit No. 14860FP,former Permit No. 148608,issued on May 22, 1987,with a priority date of May 20, 1454; Weil Permit No.$5443,accepted on August 16,1976;and Wolf Permit No.63418,thrust on August 21,1972; along with any other wells and water rights used to irrigate the above properties or for domestic purposes on the above properties,and expressly including the water and wad right associated with Final Well Permit No.31542 to the axecnt the water and waver right were used to irrigate the South One-half(Sin)of Section 23, Township 1 North,lunge 63 Weal of the 6th P.M. ,E Including any and all casements and sighta-0f-way associated with the water and water rights, • including, but not limited to,easements and rights-of-way for the carriage of water to the Property,discharge of water from the Property,and storage of water off of the Property;and including all mss,flumes,diverxicw Idructures and mea.aunng structines,pa ttpe, meters and otter property uteri in delivering water to the Pmpetty and mpsurini water mad on the Property; including the raaemssr See a wak plpdines and other facilities,in the Northeast Quarter(NE1J4) of Section 27,Township 1 North,Range 63 West of the 6th P,M.pursuant to a deed recorded on June L2, 1972 in Book 669,Reception No.1551374,which providsa,in part,as follows; with Irrigation Well No.5945-F regret red with the State Engineer Of the State of Colorado,located in the NE1/4 of Section 27,Township 1 North, Range 63 Went,with a right to drill a new replacement well,if needed and if approved by State Engineer in NE1/4 of arid Section 27 within 300 feet ofyaid present well,with the pumps and motors and all pipelines appurtenant thereto for conveying water front said well ante to the above-dendsed land and to Si/2 SW1/4 of Section 23,Township 1 North,Range 63 West,MCIEULEilii with an easement for mid pipelines one rod wide across said NEI/4 and arrow NWll4 See.26 in end Township and Range; • and including all rights to the foregoing easement.as described in the Quit Claim Used hoarded on June 4,1984 in Book 1032,Reception No,01969206;and Together with any and all personal property,fixtures and other items used in cflnj uoct on with ar associated with the foregoing property, and specifically including all well pumps and irrigation equipment;and 22 • • SICLD, Inn. LG S➢Q.132+J7 WE 2476443-2226.02R 2416443 6-1532 P-316 02114/96 03:37P PO 29 OP 29 NO US with all minerals of wbalever kind or clanclu,including but not limited to,all oil and gas and wren t era!,gravel,and sad awl in,under and upon or that might be produced from the described lards,now owned or hereafter acquired. Together with all right,ride sad intense in the foregoing property as adjacent property acquired by adverse pQ1semion,prescription,grant,gift or other claim,including,but not limited to all right,title and interest in the following property: 1, A parcel of lead conveyed by deed rowrdcd June 6, 1922, in Book 622 at Page 428,being more particularly described u follows: The West 70 feet of the North One-half(NI/2)of the Southwest Quarter(SWI/4) of Section 23,Township I North,Range 63 West of the 6th P.M.; 2. Apure]of lead in the Northwest Quarter(NW1l4)of Section 34,Township 1 North,Rage 63 West of the 6th P.M.,more particularly described as follows; Beginning at the Northwest cores of said Section 34,and eonddcring the North line of suit Section 34.as hearing North 19.51.5a.]coat,with all other bearings contained herein relative-thereto; Thence North 89'51'58'Bast,along the North line of said Section 34,980.89 feet to the Thin Point of Beginning,Thence continuing North 89'51'W East, along the North line of said Section 34,435.60 fed; Thence Smith 00°09'02`But, 100.00 feet; Thence South x'51'58'West,435.60 feat; Theme Meth 0008'02"West,10.00 feet to the Tnie Point of Beginning. 3. A Permanent Pipeline Right-OF-Way Grant, recorded on January 22, 1981,in Book 926,Reception No. 1847661. 4, A two-story white clapboard Ranch Hose situated on a portion of the South Half (S1/2)of the Southwest Quarter(SW114)of Section 23,Township I North,lunge 63 West of the 6th P.M.;Exclusive of ground on which house is placed. 29 • --T- Min, ,. .� 1t11 T Inc. 1A 64L13267 WE 2476443-1995,p29 III Ill llillll III NI Mill It'll I'll IIJII IIII IIll 2t172T7 ownutoo1 10:1&I JA Sub T.utaroolo f of 2 II 10,04 D 42.21 Weld CaaMy CO T WARRANTY DEED T1Li DEED, Made thin 76th day Of September, 2001 between Pro#pevt Volley Parma, Ltd., a 2ol❑rado tuaitcd partnership Of the County of Held and State of colorado, grantor, and Hi bland wzopertiee 3301 LLC, a Colorado Limited liability eggpany al to on undivided &71 interest and Willies H, Sell and Carol C. Sell, Joint Tenants as to an undivided 131 whole legal address is 717 Fifth Avenue, Longmont, Colorado 81501 interest of the County of Boulder and SCate of Colorado, grao:eea, attNIMMITE That the grantor for and in comeideration of the was of POUR =Chat/ TIMMY emousAND 81rry !IVY AND 00/100, (*420,065,50) Dollars, the receipt and Sufficiency cf aaaah ie h.raby ■okggwledged, had granted, harg.iaad, sold and eoae.y0d, and 312 thee& premente doe. grant, bargain, mall, convoy and Confirm unto the ratite, Wm. hair. and aautg!nm forever, all the seal property, together with .iwmggrararants, Li any, aituate,lyicg mad,being in the County of maid and State of • L I` Calaredo, daecribud se follower 1.cr.o 188 8X{IIIIT "A" ATTACHED HERETO iib MAat A PART HEREOF U} also known by street and rtg, g r as , , Colorado rogellan with ail bad ■iagulas the tereditemaotu end appprtanancad ther.tc belonging, or in asyywvias appertaining Rad the xayeseion and rerermiun., r.Asinder and raalaindar., manta, i.su.s zed profit@ thereof, and all tha mutate, right, title, intare.t, claim and damned vhatsourur of th. grantor, either in, law or equity, of in and t0 the .bdv. bargained p=ui..., with the haraditagpn.t■ and appurtmnauzce.. TO Sirs AND TO IIIlLO thm said premise■ above bargained and daacribad, with tba 11=71171!:2' urten#AOalr Unto the grantee, him hair. sad aa.igaa far•v.r, And the grantor. far hissrlf, him hair, sad p.r.onal r.premant.tivas, dons oor.naet, grant, bargain, and agree to and with the grantee, hie heirs and assigns, that at the time of the enlaaling and delLvary of then■ presents, he is well, raised of the pee:Lisa. above oonveyad, hae good, suns. perfect, abaoluti and indefeasible estate of inharitanra, in lay, in fan simple, and has goad right, toll power And lawful authority to grant. bargain, sell and convey the mama in manner lad fors as aforesaid, and thm; the mama are fros and eiaar from all ivrnar and other grants. bargains, Salem, liana, tangs, em.nts, encusmbrance@ and rastriction■ of whatever kind or nature mo.v.r. except general text, for lit! and auhaequent years•; except easements, rentrIottona, covenants. conditions, reeervatlona and rights of way of record. if any; 4f4 I Tha grantor shall and will mARRAtff AND POraVEF D;rimp the above-bargained praeimu SA quiet and peaceable go of the gradate*, his heirs and aaaigns, ayniest all and .wary per.oa or germane lawfully claiaing the whole or a part thereof, tic m singular uter •hall include the plural, the plural the singular, and the uae of any gander sell he applicable to all gand.re. IN WITiSif mAmideOa the grantor hap executed this damd an the data get forth .bova. Partner Pros ect Valley Parma, ltd., a Colorado :mama ed Partnership BY Hal ven F. SetelLapper, saoerui STATE 0? CCI,CRADC ga- The foregoing i^atrtngent wee acknowledged betore County of Welt re :hie 26th day of Septe-hcr, 2GC1 by Hal-Coven P. Ketellapper as general partner oh Prospect Valley Farr.n, :Ad_, a Colorado limited partnership Hitn-:a my hand and mft cia: seal. My o mianica expi•es a 15, 2011 �1lRELLA L�'iC}�+1, NOTARY PUBLrc BLOCK fi 1295 Main St. tio. 0320. Rev_ .lyJy ,11'42; W'ndaer, t0;0hOO4 10550 •• sKLp, Inc. LG 81Q,13207 WE 2867277-2601.001 III NI 111111111 1131111111211 lit 2117177 Id II 000420`WICUM� ^EXH:EIT k LEGAL DESCRIPTION 'She 61/2 of Section 30, Township I North, Range 63 Went of the 6th P.M., County of Weld, State of Colorado. TOGETHER WITH ALL WATERS ➢ER1/ED $Y THE INCLUSION OF 317 ACRES WITHIN TFIE HENRYLYN IRAIGATTdN ➢T5TRITT ickintlta ATM w 1.1 ii31519PP, 431514FP and Nell t31520i SIQ,5, Inc_ LG 514,13267 WE 29137277-2001.002 �' s IIIIII IIIII IIIIIII IIII III III In III Iii!IIII III !13!744 WIWI ! 1D.67A JA kW Tsalmaot 744 1 of 2 R 10.20 0 726 Wd4 Us*CO SPECIAL WARIANTY DEED MIS DISE, l&W Chia 5th day at March, 3001 bstrean highland properCifa 3301 LLC, a Colorado limited ua¢ility company Boulder of the county of Kijd and State of Colorado, graotor,and William N. Hell and Carol C. Sell whose legal ■ddreas is ,S2a North Ceder Street, Keenesburg, if❑ BDd43 of the County of Weld and Beats of [Olor■do, grantees, .I. r rarsaa that ails graetawla) for and in covsidaraticn ee tag na at 1NI • =manv hIzTr IIVi maw= loin MOM vrrrr am AMP 55/100, fi3i5,45C.53I Dollars, the I^ 1 laoaipt and awlfioieaa of which i■ h ge arantad, bargained, meld and 6unie sd, and the oes grant,an Barg d, beo )V the grantea(s), tAiiiu helve and gas dogs ozie bargain, bell, d CO and mot ire onto tsaanoy, all. rad' propertlr todethar wiith�imoseawaentsn LE any. in wit.. yin in iDint being in tho county n[ w.ld and auto of celeriac., daacrib.d eta folloow.,lying and SLd SXHI0IT "Ar AITACNBi msnETo,AND WADS A FART HEREOF • I i I I ilea knaWR by street and number es , Colorado POSIViag,r.IEN w anyth alxilwaraand eimpliT the haraditaaents and appurtameneaa ehamionto halomKo reeaiedata, Mktg. I'S-Oda tha pur profits t.aiai , the raversl.oa a.and sresidas, rab616dsr and ietaitat, claim and daaan¢ wbatsea the and all the t erti, rioht. !quit, in And to Cho shore b isK of the he hen_fs1, either in Iapsaprurrt LanfS., of TO smug AlS5 CO SOLD the yraesisem aheha 4 xya16sd�andd dr.dribui with , appurtenances, veto the grantaes, their baits and maligns toxemic. Tina granterfs), tea its heirs, personal . •ta6tst4,1p, aYdoeaeora, amalgam, doss oaraaaat gad agrga I that it atoll end mill wi. aipa liDawn,FOz1 Din, the abgrw-bargained pradiaan in thu J!i 'pilot paaoaabla pouaabslo6 OE !ha pronto's, their hairs and aaFig�aee, apaiaat all and thamee pnaot on parsons alaieiel the viola or any part thoseaf, by, throalh or under 0W W I IIh mama, she sbora. gragCaF(s! has eaeCvtad this dead on the data eat forth BY _ Highland Properties 3301 LLC, a ColOYado • Cs Cr ft Ka rating limited liability company Manager hf, loll Corporation. a Colorado n corporation ma member STATE OF COCAaDO ) 1. ■a. The foregoing instrument esa acknowledged before County of Moulder J me this 6th day of March, 2002 I by Carol [soft Kaufman as Operating-Flanigan of 1031 Corporation, a Colorado corporation de weaabar of Highland Properties 3301 L:,C, a Colorado lit1ted liability company o witnesi fly hand and official seal. a My commission expires Y?I- X63 J z13 L xoTAax pUBLic 84.615. Aar, a-a6 L aaiKv OF f SKLD, Inc. LG SKL13201 WE 2432744-2402.401 nova sinew 1017"1 .!A Ilitb Twh!eve o1 2 R 10.00 p Q5 Weld Couch CO "EXHIBIT A" LRGAL DPt6CRIpTlON The E112 of Section O. Township 1 North, Range 63 west of the 5th County of Weld, State of Colorado. • • GELD, Inc. LG 383.13207 WE 2932746-2062-002 1 IBM 11111111111I1111ifl111111111111111111111 11 1111 8146236 CV$0IVMl 03:50P Weld County,CO 1 of i R 8,06 0 0.00 Steve Morena Cleric 1 Recorder ti QUIT CLAIM DEED THIS QUIT CLAIM DEED,made this a✓3:13- day of 1130,...,4.ri ,L,2403,by WILLIAM H.BELL AND CAROL C.BELL,Grantors,by and between,WILLIAM H.BELL AND CAROL C.BELL,Grantees, WI'TNESSETH that the Grantors FOR GOOD AND VALUABLE CONSIDERATION,the receipt and sufficiency of which is hereby acknowledged,has this day remised,released,sold,and QUIT CLAIMED by these presents do remise,release,sell,and QUIT CLAIM unto the Grantees,their heirs,successors and assigns forever,all the right,title,interest,claim and demand which the grantors have in and to the real property,together with improvements,if any,situate, lying and being in the County of Weld and State of Colorado descn-bed as: The Southeast Quarter of Section 30,Township 1 North, Range 63 West of the e`P.M.,County of Weld,State of Colorado TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining,and all the estate,right,title, interest and claim whatsoever of the grantors,either in law at equity,to the only proper use, • benefit and behoove of the grantees,their heirs and assigns forever. IN WITNESS WHEREOF,the Grantors have executed this Deed oh date set forth above. WILLIAM :6! i1p� • CAROL C ELL STATE OF COLORADO) )SS COUNTY OF LARIMER) The foregoing instrument was acknowledged before me this_L3 day of h_Le; ,2043,by WILLIAM H.BELL AIIOL C.BELL. A. Du • Witness my hand and official seal. '�', �A�•.....'' '4 My commission expires Oy0 1 O Notary Public s rp o�o• Please Return Originals To: Itttenatiii Land Surveying 1301 N.Cleveland Ave. Lowland,CO 80537 SKLD, Ina. 14 8ICL13207 WE 3146235-2004.QQI. RECORDED EXEMPTION No. 1477-30-4 RE-3858 14470 ) RENO ME 9001 ST QWAPTE}a cF CEC'ECN a%TOMS."'I* TM;MOTE 13.3 111 u 11E0 OF TI-E s,I I Pk_CONEY aF WELD SPATE OF Da-MOO • j �f 1. / a:'v� / c "c= ersr:s .• • • wr�a--� +• E rgar c - 2-.33. ..-`- ,rte " l_-`"4T -I- % trs__ats� L.rs: 3T�T 4 > r sr-- 111111!11tHIIII1I111111111111111111111IIIIIIIIIIII 1I 3668073 81104/20t0 10:28A Weld County, CO O 1 of 3 R 16.04 0 D.00 Steve Moreno Clerk&Recorder SPECIAL WARRANTY DEED WILLIAM H BELL and CAROL C. BELL (collectively "Grantor") for good and 6.1 valuable consideration paid to Grantor, the adequacy and sufficiency of which are hereby I .--1 acknowledged, hereby grant, bargains, sell, and convey to FEDERAL DEPOSIT INSURANCE „ CORPORATION AS RECEIVER FOR NEW FRONTIER BANK ("Grantee"),whose address is 2425 35711 Avenue, Greeley, Colorado 80634, the personal and real property and improvements located on the real property located in the County of Weld, State of Colorado described as follows(the"Property"): Parcel 1: East Half, save and except the East Half of the Northeast Quarter, of Section 30, Township I North, Range 63 West of the 6`" PM,County of Weld, State of Colorado. (Being approximately 232 acres) Parcel 2: Lot C of Recorded Exemption No 1477-07-3-RE 2593 recorded January 13, 2000 at Reception No. 2747185, being part of the Southwest Quarter of Section 7, Township 1 North, Range 63 West of the 6`s PM, County of Weld, State of Colorado. (Being approximately 150.9 acres) Parcel 3: Lot C of the Recorded Exemption No 1477-07-4•RE 2594 recorded January 13,2000 at • Reception No. 2744184, being part of the Southeast Quarter of Section 7, Township I North, Range 63 West of the 6O P.M., County of Weld,State of Colorado.(Being approximately :45.6 acres) TOGETHER with all appurtenant water rights, including but not limited to the water rights appurtenant due to inclusion of the Property in the Henrylye Irrigation District,and all and singular the bereditaments and other appurtenances thereunto belonging, or in any wise r, appertaining, and the reversion and reversions, remainder and remainders, rents, i,tsucs, and s profits thereof, and all the estate, right, interest, claim and demand whatsoever of the Crrantor, '' 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 i appurtenances unto the Grantee, its successors and assigns forever. And the Grantor, for itself, its successors and assigns does covenant, grant, bargain and agree to and with the Crantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, that Grantor is well seized of the premises above conveyed, has good, sure, perfect, abiolute and indefeasible estate of inheritance, itt law,in fee simple,and has good right,foil power And awful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, lions, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, :xcept the Deeds of Trust granted by Grantor to Grantee's predecessors in title and recorded in the Weld County Recorder's office at Reception Nos, 3265588, 3294201 and 3418299 (the 'Deeds of Trust") and other security documents in favor of Grantee; unpaid real estate taxes(saecifically excluding, however, any federal or state tax liens or estate tax liens); liens, easements, restrictions and matters of record in the real estate records of Weld County, Colorado, existing as of the date of this Deed, any easement,encumbrances, or other matter shown or discoverable by a competent land survey of the Property made as of the date of this Deed; any Lnrecorded 1 i > SELO, Inc. LG eaiis207 WE 3661M73-2010.0o11 • P ✓1 • I IIIlll'Ell IIIIII III III IIIII IIII�II III 1111131E III 3608073 01/04/2010 10'SBq Weld County,CO 2 of 3 ft 18.00 0 U_00 Steve Morena Clerk&Recorier easements used for the enjoyment of all water rights appurtenant to the Property smiler the Keenesburg Property;and all farm leases with Curtis Baumgartner. The Grantor shall and will WARRANT AND FOREVER DEFEND the above•bargained premises in the quiet and peaceable possession of the Grantee,its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof through Grantor; notwithstanding the foregoing,the total liability of Grantor to Grantee,and(Grantee's successors and assigns, with respect to the warranties made by Grantor under this instrument is limited to the total amount of Ten Thousand and NO1100 Dollars($111,000,00). This Special Warranty Deed is an absolute conveyance and grant of title, the Grantor having sold and conveyed the Property to the Grantee for a fair and adequate consideration. Grantor declares that this conveyance is freely and fairly made and that there are no agreements between the Grantor and the Grantee with respect to the Property, oral or written, other than this Special Warranty Deed, together with all exhibits and related docume.Zts among Grantor and Grantee of even date herewith. Grantor further acknowledges fair and adequate consideration given for its waiver of all cure, redemption, and homestead rights permitted by law;and Grantor and Grantee state that it is their intention that the fee simple interest of the Grantee in the Property conveyed by this Special Warranty Deed and the lien interests of Grantee under the Deeds of Trust shall not merge and that the Deeds of Trust shall remain in full force } and effect until specifically released of record by Grantee. EXECU•1 ED effective December 3,2009. GRANTOR: William H Bell Carol C. Bell G�lK hiEW FRONZ:IiRl002,folinfonlClosing 2 Da.ut nlsl lhealll-Specia]Warranty Dv d Leine SKID, Inc. LG BKi.13ap7 WE 3668073-2010.002 11111111111 Illfll III IIIII 1illl f1111111f111(11 Ilfl llll 3555073 01104120w 10:38A weld Canty,CO 3 0I 3 R 14.00 Q 0.00 Steve Moreno Clerk&Recorder STATE OF COLORADO ) 1 COUNTY ._ 3 t7F �� ) ' 0 The foregoing instrument was acknowledged before me this ( _ day of:December, 2009,by WILLIAM H BELL Witness my hand seal. My Commissio :, >,''F, r a -,..j[:id. 4/ -%... _. • if N Iii E , sICA ) �_ v;., �� 1p% o . Public -- 7 ,_ Y~ tip^ ' • or - STATE OF COLORADO. \'‘'` ' ) )ss. COUNTY OF _k _.___ ) 1 The foregoing instrument was acknowledged before me this .j1((ay of December, P 2009,by Carol C.Bell. Witness my hand and official seal. My Comrnissio ' r ;,?Git-:3- 7:t.,.\.,.,!!.,„,_,......t.t, ti ! JESSICA ,I — - .,S Cri- -- / t /- 7'' _ 1 LUTZ r� �d IC ��FbF Ggtia � G:IK.Q\NLW FRONTIERAV)ohrFAn'.C10ang 3 ❑ocurnonnll3ellWelll-Spccini Wlarrancy 1k'id I.dac ,i SKID, Inc. L6 SKLI3207 WE 3668073-2010,Q49 I. 'Recorded in Weld County,CO Doc Id:3770008 1 05123)2011 04:36 P i Page: 1 of a Total Fee:5121.00 Steve Moreno, Clerk and Recorder la FREP_AfIEDBY: fr ' Mrfictrsel B.Johnson,Rag. 1r1CCATtEEW I bfaaf.r l UsurIE ,L.L..P. 3114 Rawlins,Suite 1600 j I Dallas,Texas 75219 Perks Land A Liveseook 11,LLC 1534 East Maid Unionville,Mi9sotoi 63565 $PEQAL WA1I1 LATry BEI Ann 14.10050301613 SOMA Wades aeru le d.hlIorytpa In**.District,Wed Coo Pay Rd 0,xe sstesorra CO • 0 STATE OF COLORADO 4 . a ?S KNOW ALL MEN BY TL1F.Si3 PRESENTS THAT: COUNTY OF WELD § >'z 6O Effective the 13 day of May, 2011, the IIIDERAL DEPOSIT INSURANCE • CORPORATION AS RECEIVER OP N1 W FRONTIER BANK(Tame,for and in ceosida radon of the rum of TAN AND NO/103 DOLLARS ($10.00).and other good and ic. . valuable am6iddatiun paid by PERKINS LAND & LIVESTOCK IV,LLC, a Colorado • limited liability company CS 7, the receipt and sashes ouy of which are b aeby I sozowledgvd sad ooufcased, wept to Ow cxocptiom, fesa, n mk ,ui term' and V providoaa be etuaBer wet forth and dcacribed, feu GRANTED, BARGAINED, SOLD and O CONVRYED,and by tbcae pre,sards dues lrersley GRANT,BARGAIN.SELL and CONVEY, unto Grantee all dna oe alu lot,taut or parcel dim!aitualad in Wald Canty,Colorado,and being more ptidraIatly deaaibad is Exhibit"A°attached hereto end incorporated herein by reran=for all purposes. TOGETHER. W1CLI, ER and tequila, thn dsghta bandits, privileges, earstraanm fenements,berediteraerds.swertnearges and httereab tenon or In anywise appertaining thereto • and with a0&cremate=located thereon(rind lend,rights,benefits,.paivilegea,easements, tom,ham,agptu'tanncca,baltrovernents and interests Wag hereinafter rafened to ss 64 lErlandel . For the same con2lderat&err retired above,Grantor hereby BAPJ3AWS, SELL 3 and CONVEYS,without warranty,express or implied all intact,if any,of Orsotrx in(1)stripe or gores,if any,between the Property and abating or iesvnadiarely adjacent proprtha,(h?)any land tying in or under this tell of any sheer,alley,road or ttgbl-nf-wry,opened or proposed,abugtiing or iuimediafoty adjacent to tire Progeny;red(iii)four(4)water caner pivots Woad as the 549.791 banded acres in the Ff a ytyn Irrigation Dist set,Weld County Road 63,Karseetxarg, Colorado,and all appurtenances thereto,if any,Melding any pumps and equipment!mated on the Property. SPECIAL WARRANTY DEED�Page I CAErreumeoa and 6ealnsikawkacoY hiliroSTriemsrx hears F0s5Ctu¢kOadock till S34 oiada 9pvdri Wvme Dead-LOC . . .:O — — SKIM, Inc, LG BrCY.19207 WE 377409a-Ba11.901 I i eRecordod In Weld County,CO Doc Id:3770098 05/23/2011 04:36 P • Page:2 of B Totai Fee:$121.40 Steve Moreno, Clerk and Recorder This coveys= is made subject and subortirate to ell essemon s; -of way, wrumiaaaaea, moons, mss, one iitiooa restrictions, encecachm�e . reservation; - access limitations said all other mews filed of seeord es of the date hereof(eelleodvelry,the ?ermined Exce ,but only to the extent rush Permitted Exoectiom effect or refine to the ' Property,and without limi etion or expansion of the scope of the special warranty herein contained. TO HAVE AND TO FOLD the Property, subject to the Permitted Exceptions as aforesaid,unto[)rye,and Graves r scope=sad assigns,fern=and trams doer hereby Ned Ge>srta, and Grantor'e summon sad assigns,to warrant and forever defeat% ali sod angular, the Property, subject to the Permitted Exceptions. ,coo- Gramm, end Granath successors and acrlgna,agalnet ervery mew wbtanaoever lawfully claiming oral claim the usee or ray part thereof by,though Ox trader Cheater,btu rat ottu:rniae. • BY ACCEPTANCE OP THIS DEM, GRANTEE ACKNOWLEDGES THAT GRANTOR HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATIONS AS TO THE PHYSICAL CONDITION OF THE PROPERTY, OR ANY OTHER MARER - AFFECTING OR MATED TO TIlE PROPERTY(OTHER THAN WARRANTIES OF . TITLE AS PROVIDED AND LIMITED HEREIN).GRANTEE EXPRESSLY AGREES THAT • TO THE MAXIMUM RDCIENT PERMTrTTh 8Y LAW,THE PROPERTY IS CONVEYED "A3 I9'AND'WITH ALL FAULTS',AND GRANTOR EXPRESSLY DISCLAIMS,AND GRANTEE ACKNOWLEDGES AND ACCEPTS THAT GRANTOR HAS DISCLAIMED, ANY AND ALL REPRESENTATIONS,WARRANTIES DR GUARANTIES OF ANY KIND, ORAL OR WRITTEN,EXPRESS OR IMPLIED (EXCEPT AS TO TITLE AS HEREIN PROVIDED AND LIMITED)CONCERNING THE PROPERTY,INCLUDING,WITHOUT LIMMUTATION, THE VALUE, CONDITION. MERCBANTABILITY, HABTPABILTI Y, . MARKTIABII.rrY,PROFITABILITY,SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE,OF THE PROPERTY,{u7 THE MANNER OR QUALITY OF THE CONSTRUCTION, OR. THE MATERIALS, IF ANY, INCORPORATED INTO THE • CONSTRUCTION,OP ANY IMPROVEMENTS TO THE PROPERTY,Oil)THE MANNER OF REPAIR,QUALITY OF REPAIR,STATE OF REPAIR OR LACK OF REPAIR OP ANY SUCH IMPROVEMENTS,NTS,AND("rv)ACCESS, GRANTEE HAS MADE ALL INSPECTIONS or TIC PROPERTY TO DETERMINE ITS VALUE AND CONDITION DEEMED • NECESSARY OR APPROPRIATE BY GRANTEE. GRANTEE ACKNOWLEDGES THAT GRANTEE➢.9 NOT RELYING ON ANY INFORMATION PROVIDE)BY GRANTOR IN DETERMINING THE PROPERTY CONDITION. BY ACCEPTANCE OF THIS DEED, GRANTEE SPECIFICALLY ASSUMES ALL RIS1 COSTS AND LIAeurtES OP WHATEVER NATURE ARISING GUT OF THE CONTIMON OP THE PROPERTY. Cimet e,by its eoceptaoce bueaf dare hereby au m,e sad agree to pay arty end aI)ad relorun OEM1R4 special su=aesys pertaining to the Propettty for caltodar year 2011 sad • subsequent Terra. there having been a duper proration of ed valorem two for the current c.1rndar ycer between Gilt=and Grantee. Pursued to 12 U.S.C 41825(b)(3),cite wend ' Deposit Taurean Carson Zion is oat Habit for my penalties,fines,Res or curt Gaels resulting from the failure of any person to pity.my real property tax,periranal property tax,Promsa or recoeding tax or any remedies or fain8 dew when dues SPECIAL WARRANTY DEED-Page 2 CADeeunalet lad t rryonJ Pahli lre.,petiry finer,* FIId.onwn.o,AZFHsapPOW-d,,,ss spa w Ooea0OC SRLD. Inc. LG 3XL13207 WR 97700913-2x11.002 eRocordod in Weld County,CO Doc Id:377009$ 05/23/2011 04:36 P Page:3 of 6 Total Fee:$121-00 Steve Moreno, Clerk and Recorder (trainee joins in tie exe ad=of this lid far tam praxes of mitring delivery hereof, end to admoveledge,=sect end agree to the terms snd conditions of this beaTmleut. • ExEQITED to ix,effective es of the date first set forth above. • • 1T3}ERAL DEPOSIT MI:TRANCE CORPORA'T'ION AS RECEIVER OF limy FR411V Prim RANK • • • By: Printed N Title; • STATED § Sf" Vif COUNTY OF • This' ACKNOWLEDGED befaee me,on the-day ofMay,201 I,by of MDERAL DgPO&r • INSURANCE,CORPORA. AR H$CSIVVER Olr Aires FRONTIER RANK on behalf or amid Bark • [SEAL] • 'Molar/ ' State of : My Commission Expires: Printed Name°MNata=y PebIin SPECIAL WARRANTI'Y DEED-Page 3 C Dernmemr wd setam rmyiarum3 aemverseopavy ear ANsIOTheettAllootPlal.rrraqColar.m apsrr Wan*Da6DOC { ] StCLD, Inc. LC; SKL1320? yr$ 377MM-2011.003 eiRecorded in Weld County,CO Doc 1d:3770098 05t23/2011 04:36 P Page:4 of 6 Total Fee:$121.00 Steve Moreno, Clerk and Recorder CALIFORNIA ALL.PURPO$E ACKNOWLEDGMENT wv'.ceoE s iite State of California County of Q4Na On OtiZ 0f before me, A uN, ( I fl7 JJri. o, R7 P(t.551,er peraonsiiy appeared '-�r; A O • Nbn.iaral*m • .. who proved to me an the basis of satisfactory evidence to Oa the pereonfie f whose nrrrsrefA}'islaad--- subecribed to the within instrument and acicno ledged to me that helshelthey executed the same in hiallterf'�a'Tr'authurized capaatyj ae},`and that by his3Ibet i r aignature(s) on the Instrument the IIr, o ' x personr the entity upon behalf of which the 4 j re MOO person acted,executed the Instrument. Wax jul 5 MS' I certify under PENALTY OF PERJURY under the laws of the State of Calitamla that Me 'foregoing paragraph Is true and correct. WITNESS my hand and official seal. Signature: /14(4,11- Place NoYey Bart Abate F,'�e11R44 Now Pohle OPTIONAL --- Though fire ireorrnaVon balaw/8-nor axiefirocf by WY,7f may prowl vaduabba(o parsons odyfnp on trim documere ana CQwd pewit rrluduknr rsrriwd antl realtsrhment of ma,dam tD errorber dorarrnerrt Description of Attached Document Title of Type of[)ocument C Ip i Dominant Clete; � ,'� � f f I Number of Pages_ Signer(s)Other Than Named Above: _ Cafcfhr(les)Claimed by Signer(s) Signer's fame: U1 it 'j L S��/2�' Signer's we: ❑ Corporate Ofltoer—T1f le(s): ❑Gorpo Officer-•--Tftle(s): ❑ individual ❑tndhridual ^�� C LimitedG General rco d thunps G Partner— tutted CE Gen art[ Tea ey hi Pact ❑Aterney in Pact ❑ Trustee ❑Trustee { ❑ Guardian ar Conservetnr ❑Guardian or Conserve ❑ Other ❑Omar, Signer IA Representing: Sprier is Representing: 4.74 10 Miami Want MSOriran•Ni r 'e•I- a-1J0 NOTARY(l,aP0a7¢-0p.7) T llwr.r6Yor SKT.D, Inc. La 87x,13207 WE 377009$-2811.064 eRecorded in Weld County,CO Doc Id:3770098 0512 /201 1 04;36 P Page: 5 of 6 Total Fee:$121,00 e Steve Moreno, Clerk and Recorder • CONSEN'T'ED TO AND APPROVED BY: PERKINS LAM:,&LIVESTOCK IV LLC, • • a Colorado limited liability company • By: 623,54.,-S �.+ Name: P DA rd PARK 1 1vs Title: 0rty�4f�� STATE OF COLORADO COUNTY ai § This instrument was ACKNOWLEDGED before me,on the 1.2 tday of May,2011,by •akv j rJ Pertiielg of PERKINS LAND & LIVESTOCK LLC}a Colorado Limitad liabi ty eompauy,oabehalf of said limited liability 5 E I . ROTARY PUBLIC �1 I ATE OFCOLORADO Notary Public,State of Colorado My Commission Expires: AViA— t ✓v�S • �J °1 20 l 5 Printed e of Notary Public SPECIAL WARRANTY DEED-Page 4 cArioarautrs sod Siltingslangelaxamdlocal Settiggstromporary Internet PileitContrntout]ook\A.7SU60311CckJo Special Waraftty oaa.DOC SKLo, Inc. LO SKL13207 M 3770096-2011.005 °Recorded in Weld County,CO Doc id:3770098 I 05/23/2011 04:36 P Page:6 of 6 Total Fee:$121.00 Steve Moreno, Clerk end Recorder rr w PR0larLD_ESCRIPTI0N Parcel 1: That Half,lave and EXeiif t the Bat Half of the Northeast Quarter,of Seoi on 30,Toauhip 1 North,Range 63 West otttl a dth P.M., County of Weld. State of Ca101°6o, EXCEPT any portion thereof lying within any public road. Parcel 2: Lot C of Recorded Exemption No. 14T7-07-3-11E 2993 raooaded lunacy 13,2000 et Reception No,2744155,beeag pmt of the Soattmeet Quarter of Section 7,Township I North,Range 63 Wert of the bah P.M., Caswty of Weld, State of Colorado, EXCEPT any portIun thereof lying within any public road. Pavel 3: Lot C of Recorded Exemption No.147747-4-RE 2594 recorded January 13.2000 art Reception No. 2744164,being pat of tlx Southeast Quarter of Section 7,Township 1 North,Range 63 West of the 6t1rP.M. Ceiuilty of Wald, • State af Colorado, EXCEPT any paw thereof tying wilhin ercr public rued. Paroel 4: Lot A,R:carded Exemption No.1477-30-1 RE-49S6 ea recorded lily 28,2010 ea Reception No. 3706103 of the Records of Weld Carly,located lo the East Half of the Northeast Quarter(E112 1'E1(4)of Seca 30,Township 1 Not$t,lire 63 Weft,of t m 6th P-14-, County of Weld, State of Colorado, EXCEPT any portion thereof lying within anypub!lcroad. • EXHIBIT"A",Legal lleeceIpflaa—Solo Page cAn000rnmra is SidiarketiarlOaccia Uttinioteriempoimy looms{FIMACurimtOsdatIMtl iPPOPCaiwido kstdil W r.mq DeedJX C SKID, Iac. LG SIO13207 WE 3770048-2011.006 Hello