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HomeMy WebLinkAbout20200114.tiffSUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE. Guarantee No.: CO-FFAH-IMP-8ICOG6-1-I9-H0569962 Commonwealth Land Title Insurance Company a Florida corporation, herein called the Company GUARANTEES NGL Water Solutions DJ, LLC, a Colorado limited liability company The Assured named in Schedule A against actual monetary loss or damage not exceeding the liability stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Commonwealth Land Title Insurance Company Countersigned: By: Authorized Officer or Agent 8l COG6 et Gely Cuirk. fwsdenl F 140410 GPM N.. &S+#LY Chain of Title Guarantee CLTA Guarantee Form No. 6 (Revised 6/6/92) Order No.: HU569962-820-GRO Order No.: H0569962-820-GRO Liability: $180.00 I. Name of Assured: NGL Water Solutions DJ, LLC, a Colorado limited liability company 2. Effective Date of Guarantee: July 10, 2019 at 6:00 PM The assurances referred to on the face page are: That, according to those public records which, under the recording laws, impart constructive notice of matters relating to the interest, if any, which was acquired/reserved by NGL Water Solutions Di, LLC, a Colorado limited liability company pursuant to a in and to the land described as follows: See Exhibit A attached hereto and made a part hereof. Only the following deeds and recorded exemption maps appear in such records subsequent to April 19, 1966: Reception No. 1487204 Book 565 Reception No. 1856270 Book 934 Reception No. 2200518 Book 1251 Reception No. 2899655 Reception No. 2899657 Reception No. 2977347 Reception No. 3134327 Reception No. 3138196 Reception No. 4007090 Reception No. 4073059 Reception No. 4441141 This Guarantee does not cover: 1. Taxes, assessments, and matters related thereto. 2. Instruments, proceedings, or other matters which do not specifically describe said land. Guarantee No.: CO-FFAH-IMP-81COG6-1-19-E0569962 81COG6 SCHEDULE A CHAIN OF TITLE GUARANTEE Guarantee No.: CO-FFAH-IMP-81COG6-1-19-H0569962 Fee: $180.00 Chain of Title Guarantee CLTA Guarantee Form No. 6 (Revised 6/6192) Order No.: H0569962-820-GRO Guarantee No.: CO-FFAH-IMP-81COG6-1-19-H0569962 SCHEDULE A (Continued) 81COG6 Chain of Title Guarantee CLTA Guarantee Form No. 6 (Revised 6/6/92) Order No.: H0569962-820-GRO Guarantee No.: CO-FFAH-IMP-81COG6-1-19-B4569462 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO IN THIS GUARANTEE IS DESCRIBED AS FOLLOWS: Lot A of Recorded Exemption No. 08115-16-4-RE3634, recorded December II, 2003 as Reception No. 3134327, being a part of the E112 of Section 16, Township 6 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. 81COG6 Chain of Title Guarantee CLTA Guarantee Form No. 6 (Revised 6/6/92) Order No.: H0569962-820-GRO Guarantee No.: CO-FFAH-7MQ-81COG6-1-19-Hfl569962 NOTICE CONCERNING FRAUDULENT INSURANCE ACTS (This Notice is Permanently Affixed Hereto) It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or Information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the department of regulatory agencies. C. R. S. A. § 104-128 (6)(a). 81COG6 Chain of Title Guarantee CLTA Guarantee Form No. 6 (Revised 616/92) Order No, H0569962-820-GRO Guarantee No. CO-FFAH-LtiiP•81 COG6-1-19-HD569962 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Except to the extent that specific assurances arc provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the fol lowing: (e) Defects, liens encumbrurICOs, adverse claims or other masers against the title, whether or not shown by the public records b) (I) Taxes or assessments of any taxing authority nisi ievins taxes or assessment,. on real property; cr, (2) Proceedings by a public agency which may result in taxes or asSes9mentS, or notices of such proceedings, whether or not the matters excluded under (I) or (2) are shown by the records of the taxing authority or by the public records. (c) (I) Urpareoted mining claims; (2) reservations or exceptions in patents or in Aces authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1). (2) or (3) art shown by the public ccoords. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage. by ccason of the fallowing: (a) Defeats, hens, cneumbronces, adverse claims or other manners affecting the title to any property beyond the lines of the land expressly e6eritscel in the description set forth in Schedule A of this (nsarantcc, or tithe to streets, roads, avenues, limes. ways or waterways to which such land abuts, or the right in maintain therein vaults, tunnels, ramps or any strtteture or improvements; or any rights or casements therein. unless such property, rights or easements are expressly and specifically set forth in said description. () rktfrors liars nnrnmhrwrccs adverse claims or other matters, whether or not shown by the public records; (I) which are created, suffered, assumed or agreed to by one or more of the hssureds, (2) which result in no toss to the Assured, or (3) which do not result in the validity or potential invalidity of any ludieiad Or noes -judicial proceeding which is within the scepe and purpose of the assurances provided. The identity of any party shown or referred to in Schedule A. The validity, legal effect or priority of any metier shown or inferred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS (e) (d) 1. DEFINITION OF TERMS. 'Me following tarm5 when used in the Guarantee mean (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing cxoxtireI by the Company. (1>) "land": the laced described or referred to in Schedule A, and improvements affsxcd thereto which by law constitute real property. The term "land"' does not include any property beyond the lines of the area described er referred to in Schrdute A, nor any right, title, interest, estate or easement in abating StreeLs, roads, avenues, alleys, lanes, ways or waterways (c} "morteajte" moue, deed of trust, tout deed, Or other security instrument. (d) "public records": records established under suite statutes at Dale of Guarantee for the purpose of imparting constructive notice of matters relating to reel property to purchasers for value and without knowledge_ (e) "date": the effective date shower in Schedule A. 2. NOTICE OF CLAIM TO RE GIVEN 13Y ASSURED CLAIMANT. An Assured shall notify the Company promptly in writing in case knowledge shall corns to see Assured hereunder of any etuiin of title or interest winch is adverse to the title to the caeca or interest, as stated herein, and which might cause loss or damage for winch the Company may be liable by virtue of this Guarantee. iI' prompt notice shall not he givers to the Company, then all liability of the Company shall terminate with regard toil*, matter or minters far which prompt noise is required; provided. however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall he prejudiced by the failure and then only to the extent of the prejudice. 3. NO DUTY TO DEFEND OR PROSECUTE. 'fie Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the naune of any ailegalion in such action or pront:x(1 erg. 4. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS; DUTY OF ASSURED CLAIMANT TO COOPERATE. Even though the Company has no duty to defend or prosecute as set forth in Pesegraplt 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, mu.-rpuse a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the. title to the estate or interest as stated herein, or to establish the ]ten rights of the Aetured, or to prevent. or induce loss or rltmmagr. to Wit Assured. The Company may take any appropriate akin under the terms of this Guarantee, whether ar mg it shall be liable hereunder, and shall no. thereby concede liability sr waive ary provision of this Guarantee. If the Cernpany shall exercise its rights under this paragraph it shall da so din igenlly (b) ]t'the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the tight to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured arid shall nut be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an 81COG6 Assured in the defense of those causes of action which allege matters not covered by this Guarantee (e) Whenever the Company shall have brought an acuen or interposed a defense as permitted by Vie provisions of ibis Guarantee, the Coinpnny may pursue any litigation to final determination by a court of camiretent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) ]n all caw where this Ctuarantee permits rho Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the tight to so prosecute ar provide for the defense of any action or proceeding, and ail appeals therein, and permit the Company to use, at its option, the name of such Assured for this pea -pest. Whenever requested by the Company, an Assured, at the Company's expense. she]l give the Company all rcasonnble aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful_ act which in the opinion of the Company may be necessary or desirable to establish the title to the Assured. If the Company i$ prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate, 5. PROOF OF LOSS OR DAMAGE, in addition to and after the notices required under Section 2 of these c'.nnditinas and Stipulations have been provided to the Company, a proof of lost or damage signed and sworn to by the Assured shall be t'ernishad to the Company within ninety {9l_}) days after the Assured shall ascertain the facts giving rise to the loss or damage. The'mort' of loss or damage stall describe the matters cm cred by this Goatruttee which constitute the basis of loss or damage and shall state. to the extent possible, the basis of caieulotirg the amount of the loss or damage. If the Company is projudiuo by the failure of the Assured to provide the required proof of ]urns or damage, the Company's obligation so such assured under the Guarantee shall terminate. In addition, the Assured may reasonably he required to submit in examination under math by any authorized representative of the Company and shall produce for examination, inspection and copying, at such raasnnable times and places as may ban dercgnuttd by any authorized reprenentative of the Company, allt records, books, ledgers, checks, correspondence and memoranda, whether baring a date before or after Date of Guarantee. which reasonably pertain to the loss or damage. Further, if legtsessed by any aathoriied representative ot'the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records. books. ledgers, checks, correspondence and memoranda in the custody or control ea third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided us the Company pursuant to this Section. shall not be disclosed to callers unless, in the reasonable judgment of the Company. it is necessary in the administration of the claim. Failure of the Asaurcd to submit far examination under oath, produce When reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or gos'e nritcowl regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Chain of Title Guarantee CLTA Guarantee Form No, 6 (Revised 6/6/92) Order No,: H0569962- 20-GRO 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY. In case of a claim under this Guarantee, the Company shall have the following additional options. (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pity or route or compromise for or in the name of the Assured any claint which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this (.ivarantec or, if this Guarantee is issued for the benefit of a holder of u malgege or a licnlholder, the Company shall have the option to purphasc the iiJcbtedness scctrred by raid n cs'%sse or said !fen for the ESInvInt owns thereon, together with any casts, reasonable attonneys' fees and expenses incurred by the Assured claimant which were aut1wrircd by the Company up to the time of purchase 5oeh purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all inability of the Company hereunder, In the event after notice of claim has boon given to the Company by the Assured the Company oilers' to purchase said indebtedness, rho owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral secunty, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's oblige Lien to the Assured under this Guarantee fur the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate. including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options tinder Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To any or otherwise -settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee. together with any costs, attorneys' fees and pernes incurred by the Assured elan -ram which wore authorized by the Company up to the time of payment and which the Company is obligated to pay. Upo„ the exererso by the Company of the optie7n provided for in Paragraph (ti) the Company's obligation to the Assured under this Guarantee fur the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prostitution of any litigation for which the Company has exercised its options under Paragraph 4. 7. DETERMINATION AND EXTENT OF LIABILITY. This Guarantee is a contract of indemnity against actual monetary loss or damage ,sustamed of incurred by the Assured claimant who has suffered lass or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the tetent herein dcscrihcd, and subject to the Exclusions From Covet age of This Guareinlae. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of Ilahll lty stated in Schedule A or in Part 2. (b) the anion i of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee. as limited or provided ureter Section b of these Conditions are.: Stipulations ar as reduced under Sections or these Conditions and Stipulations, at the time the toss or damage assured against by Gum$ntec actors, together with interest thereon. or (c) the difference between rte value of the estate or interest covered 'thereby as slated :mein and the value of the ,state or interest ea jetaerr defect, lion or encumbrance assured against by this Guarantee. 8. LIMITATION OF LIABILITY. (u) if the Company establishes the title, or removes the alleged defect, lien to encumbrance, or cues any other matter assured agaiess by this Guarantee to a reasenably diEipcnr wanner by arty method, lnciudina iitigmtiexh and the comlticuon of any appeals therefrom, it shall have fully periarmed its obligations with respect to that matter and shall not he liable for any lase or damage crawl. thereby. (b) In the erCol of any liligaliotn by the Company or with the Company's ceasenl, the Company shall have no liability far loss or damage until there has been a Rnal deternuinustion by a coot of competent Jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein Guarantee No.: CO-FFAH.JMP-S1COG6-1-19-H0569962 (e) The Company shall not be liable for low or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prier written consent of the Company. 9. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY. All payments under thus Guarantee, except payments made for coney, attorneys' fees and cepenscs pursuant to Paragraph 4 shall reduce the amarnrt of liability pro tanta. 10. PAYMENT OF LOSS. (a) No payment shall be made without pruducirtg this Guarantee, for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the sal isfartion 4f the Company. (b) When liability and the client of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the lass or diunagc shall be payable within thirty (30) days the:eater_ 11. FJBHUGA IGN UPON PAYMENT OH SETTI$IMFNT. Whenever the Company shalt have settled end paid a claim under this Guarantee, all right of subroeation shall veal in the Company unaffected by any act of the Assure claimant 'roe Company shall be subro,,ated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee riot been issued If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property neceasa y iu order to perfect this right of subrogation. The Assured shall permit the Company to sue, compnrrnise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies_ Ifa payment on account of a claim does nut full cover the Toss of the Assured the Company shall be subrogated to all rights and remedies of the AstorAd after the Assured shall have recovered its principal, interest, and mots of collection. 12, ARBrrRATIOI4`. Calms prohioitcd by appiic tie law, either the Company or the Assured may demand arbitration pursuant to the Title lnsunanr.e Arbitration Rules of the American Arbitration Association, Arbitrable matters may include, but We not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the company in connectiOn with iii issuance of the breach of a Guarantee provision or other obligation, All arbitrable matters when the Amount of Liability is 51,000,000 or lies shall be arbitrated at the option of either the Company or the Assured, All arbitrable matters when tltc amount of liability is in excess of $8,000,000 shall be arbitrable only when agreed to by both the Company and the Assures}, The Rules in offect at Date of Guarantee shall be binding upon the parties The award may inelude attorneys' for to a prevailing party. Judgment upon the award rendered by the Athitralotfs) may be entered in any court having juri %diction hereof. The law of the situs of the land shall apply to an arbitration tinder the Title Insurance Arbitration Rules. A copy of the Rules may he obtained from the Company town rcyaeat 13. I.IAiiILI'IY !Anti1'CD '1O THTS GUARANTEE, CtJAilANTFE ENTIRE CONTRACT. {n) This Guarantee together with all cederaements, if any, attached hereto by the Company is the entire guarantee and contract between the Asaared and the Company In interpreting arty provision of this Guarantee, One Guarantee shall be construed as awhole. (h) Any claim of loss or damage, whether or riot based on nargiiAenee, or any action asserting such claim, shall he tesrrieted to this t;utrrrntu (c) No amendment of or endorsement to this Guarantee can he made except by a writing endorsed hereon or attached hereto} signed by either the President, a Vice President. the Secretary, en Assistant Secretary, or validating ou,cc,r or authorized signatory of the Company. 14. NOTICES, WHERE SENT. All notices required to he given the Company and arty statement in writing required to he furnished the Company shall include the nuenix:r of this Guarantee and shall be addressed to the Company at COMMONWEALTH LAND TITLE INSURANCE COMPANY Claims Department Post Office Box 45023 Jacksonville, FL 32232-5023 8I COG6 Chain of Title Guarantee CLTA Guarantee Form No. 6 (Revised 6/6/92) tip L t•' ,- r 1'k' • J . r y .l 610 APR 10 1966 4$7 4i) 4. _.,,n,, swore,. Acwwdw WARRANTY DIED IN JOINT TENANCY KNOW.ALL MEN BY THESE PRESENTS, That WHEELER REALTY COMPANY, a Colorado corporation, for the consideration of Ten Dollars and other valuable L1 considerations in hand paid, hereby sells and conveys to WILLIAM M. STOCKOVER and LUCILLE P. STOCKOVER, of the County of Weld and State of Colorado, to pass to the said WILLIAM M. STOCKOVER and LUCILLE P. STOCKOVER not In tenancy in common but In Joint tenancy, the survivor of them, their assigns and the helm and assigns of such survivor, the following real estate end pro- perty situate In the County of Weld and State of Colorado, to -wit: All. of the Southwest Quarter (SW 1/4) of Section Fifteen (15), Township Six (6) North, Range Sixty-six (66) West of the 6th P.M. lying South of the No. 2 Canal of The New Cache la Poudre Irrigating Company, excepting there- from that portion occupied by Neff Lake, the same being those portions conveyed by Instruments recorded in Rook 98 at page 450 and Book 228 at page 557 of the Weld County records, and also excepting therefrom those portions conveyed by deeds recorded in Book 163 at page 160 and in Book 1184 at page 265 of the Weld County records . All of the Southeast Quarter (SE 1/4) of Section Sixteen (15), Township Slx (6) North, Range Sixty-sbr (66) West of the 6th P.M., except that portion lying North and West of the No. 2 Canal of The New Cache la Poudre Irrigating Company, as said canal flows northerly through said quarter section, said excepted portion having been con- veyed by deed recorded in Book 73 at page 517 of the Weld County records, and also excepting that certain tract or parcel described as fellows: All that part of the Southwest Quarter of the Southeast Quarter (SW 1/4 SE 1/4) of Section Sixteen (16) , Township Six (6) North, Range Sixty- six (66) West of the 6th P.M., Weld County, Colorado, lying South and East of the No. 2 Canal of The New Cache la Poudre Irrigating Company, ae said canal flows northerly through said quarter section, and lying South and West of the East 17evotie Lateral, said excepted portion having been conveyed by deed recorded in Book 1507 at page 269 of the Weld County records. All that part of the Southeast Quarter of the Northeast Quarter (SE 1/4 N£ 1/4) of Section Sixteen (16), Township Six (6) North, Range Sixty-six (66) West of the 6th P.M. lying South of the No, 2 Canal of The New Cache to Poudre Irrigating Company, together with all privileges, herodita:nents and appurtenances r• ri': .'tiE�• .:.-f2.14.... ; .,,T Pt_ 3"'�.iL +.Yr-t' 'r�:. ti.:'4,: �%_i� 565 1487201 � Y � • �st7��� _. -2- theraeeto belonging or in any wise appertaining, including all water, water rights, ditches, ditch rights, reservoirs and reservoir rights appertaining thereto, pumps, pump engines, irrigation and dralneee rights of any kind and description how- ever evidenced or manifested, and all rights of way, easements, apparatus and fixtures belonging to or used In connection there- with, and including but nor. limited to four 14) shards of the capitol stock of The New Cauho la Poudro irrtgaung Company, two (2) preferred rights in Fossil Creek Reservoir Issued by The North Poudro Irrlretion Company, and also all water rights In the Coal Bank Draw Seepage Ditch and La Grange Seepage Ditch nublect to uses thereof on Tuesday end Wettneeday reserved for that part of the North half )N 1/2) of said section Sietcen (16), and the West Half (tv Lj2) of said section filftcee NS) lying East of said seepage ditch and North of sold No. Z Canal in said Township Six (6) North. Renee $lxty-six (66) West of the 11th P. td., Weld County, Colorado, and together with allotment of 46 acre feet as granted by Northern Colorado Water Conservancy District, together with all its appurtenances, and warrants the title teethe same, subject, however, to the following: 1. 1966 taxes due and payable In 1967. 2, Future assessments of Northern Colorado Water Conservancy District. 3. Rights of way or other easements as granted or reserved by instruments of record or as now existing an said premises. 4. Any and alt roservatione, limitations, conditions and exceptions con- tained in instruments of record which in any way relate to or burden the above bargained premises. IN WITNESS WHEREOF, said corporation has caused its corporate name to be hereunto affixed by its president, and its corporate seal to be hereunto ekes latent affixed, and attested by its/Secretary this 16th day of April, 1966. i v ' ATIASTs -.161 7 •: \• e, Fl WHEELER REALTY COMPANY Assistant Secretaww By: president et' r srr ti -it t; tr The foregoing Instrument was acknowledged before me this lath day of April, 1966, by John R. P. Wheeler as President and Ruby L. Bates as Assistant Secretary of Wheeler Realty Company, a corporation. My commission expires; h!y Comm!seas expire; October 17, 1966 I s e•o� Fs OF C 4 6419...., I • • • q 934 1856410 Store of Colorado, Weld County Clerk & Recorder WARRANTY DEED 81981 c KNOW ALL MEN BY THESE PRESENTS, That William M. Stockover and v Lucille P. Stockover, of the County of Weld and State of Colorado, for the consideration of Ten Dollars and other valuable considerations in hand paid, hereby sell and convey to William H. Stockover.and 0 Lucille P. Stockover, as tenants in common, whose address is 39 Ward Drive, Greeley, of the, County of Weld and State of Colorado, the following real estate and property situate in the County of Weld and State of Colorado, to -wit: All of the Southwest Quarter (SWt) of Section Fifteen na (15), Township Six (6) Nora►,�Aaage Sixty-six (66) West of the 6th P.M. lying South of the No. 2 Canal of The New Cache La Poudra Irrigating Company, excepting therefrom that -portion -occupied by tieff Lake, the name being those portions conveyed by instruments recorded,in Book 98 at page 460 and Book 228 at page 557 of the Weld.County recnrda, and also excepting therefrom those portions conveyed by deeds recorded in Book 163 at page 160 and in Book 1184 at page 265 of the WeldCountyrecords All of -the Southeast Quarter (SEA) of Section Sixteen (16),.Township Six (6) North, Range Sixty-six (66) West of the 6th P.M., except that portion lying North and West of the No. 2 Canal of The New Cache La gaudre Irrigating Company, as said canal flown northerly through said quarter section, said excepted portion having been conveyed by deed recorded in Book 73 at page 517 of the Weld County records, and also excepting that certain tract or parcel described ae follows: All that part of the Southwest Quarter of the Southeast Quarter (9i�ltSE4) of Section Sixteen (16), Tawnehip Six (6) North, Range Sixty-six (66) West of the 6th P.H., Weld County, Colorado, lying South and East of the No. 2 Canal of The New Cache La Poudre Irrigating Company, as said canal flows northerly through said quarter section, and lying South and West of the East Devotie Lateral, said excepted portion having been conveyed by deed recorded in Book 1507 at page 269 of the Weld County records All that part of the Southeast Quarter of the Northeast Quarter (SE A) of Section Sixteen (16), Towi chip Six (6) North, Range Sixty-six (66) West of the 6th P.M. lying South of the No. 2 Canal of The New Cache La Poudre Irrigating Company, () 0 together with all privileges, hereditanente and appurtenances thereunto belonging or in any wine appertaining, including ail water, water rights, ditches, ditch righte, reeervoira and reservoir rights appertaining theretu, pumpa, pomp engines, irrigation and drainage rights of any kind and deeeriotion however evidenced or manic ated, and all rights of way, • • 934 -2- M GM a -a easements, apparatus and fixtures belonging to or used in connection therewith, and including, but not limited ti,four (4) shame of the capital stock of The Hew Cache La Poudre Irrigating Company, two (2) preferred rights in Ppadi1.Creek Reeervoir.iaetnd by_Thc North Poudre Irrigation Company, and also all water rights in the.Cwal Hank Draw Seepage Ditch and'I.a.Craoge Seepage Ditch, bubjeot to,uaes thereof on Tuesday and Wedneaday reserved for that'_part.of the North Half (Pik) of said Sectioa'Sixteen (L6)i and the West Half (W) of said Seetion Fifteen (15) lying 'Beat of said seepage ditch and North of said No. 2 Canal in avid Township. Six (6) North, Range Sixty. -six (66) Wemt of the 6th Weld_County, Colorado,.end together with allotment of.46 acre feet as granted by Northern Colorado water neervancy District, together with all its appurtenances, and warrant the title to the same,. subject, however, to the following:. • 1. 1981 taxes due and. payable in•1982. 2.. Future eaaeoements of Northern Colorado Water Conservancy Diett'ict. 3. Rights of way or other eaeeeeente-ae granted Or reserved by instruments of record or ae nov.existing onasid premises. 4. Any and all reservations, limitations, conditions and exceptions contained in inatrenente of record which -in any way relate to or burden the above bargained premieea. . Signed and delivered Chia.7 7 day of (rrr� Liam Id cKo.yaf' wi.am M- Stockover. Lucille F. Stockover STATE OF COLORADO ) ) SS. COUNTY OF WELD ZL, te foregoing instrument was acknowledged. before me this o7 7. _ day of rFr'i. , 1981, by William H. Stockover and Lucille P. Stockover. WITNESS My hand and official. seal. Hy commission expire a: Ce- ?'sL i G f e9, /4743 Mater Public It r... AR2200S18 8 1251 kEC 02200518 12/18/89 15:33 015.00 1/003 F 1350 MARY ANN PEUERSTEIN CLERK 8 RECORDER WELD CO, CO DEED OF DISTRIBUTION ST F'ERSOtiAL REPRESENTATIVE THIS DEED Made by James William Stockover, 2110 South Overland Trail. Fort Collins, Colorado 80526, as Personal Representative of the Estate of William M. Stockover, Deceased, Creator. and WHEREAS. William H. Stockover died February 4. 1984, a resident of the City of Greeley, County of Weld. State of Colorado, leaving a Last Will and Testament dated April 27, 1981, and WHEREAS. James William StoCkover, sun of the decedent, was named as the Personal Representative of the decedent's estate. under the terms and provisions of said Last Will and Testament, and WHEREAS, the Last Will and Testament of William M. Scockover was admitted to informal probate on February 14. 1984 in the District Court in and for the County of We'd. State of Colorado, and WHEREAS. James William SLOckover, son of the decedent. the Grantor herein, was July appointed as the Personal Representative of said estate and letters Testamentary were issued by the District Court in and for the County of Weld and State of Colorado oa February 14, 1984 as evidence of such appointment. qualification and authority, and WHEREAS. the Grantor herein is the present qualified Personal Representative of said estate, Probate No. 84 PR 41, District Court, County of Weld, State of Colorado, Div. 1, and WHEREAS, the Grantee as hereinafter described is entitled to distribution of the hereinafter described real property under the terms and provisions of decedent'a Last Will sad Testament, 110W THEREFORE, James William Stoekover as Personal Representative of the Estate of William H. Stockover, Deceased. es Grantor, conveys, assigns, transfers and releases to James William Stockover, 2110 South Overland Trail, Fort Collins, Colorado 80526, ea Testamentary Trustee of the Testamentary Trusts established under the terms and provisions of the Last will and Testament of William M. Stockover dated April 27, 13 1251 RSC 02200518 12/18/89 15:33 515.04 2/003 F 1351 MARY ANN FGUERST51N CLERK .6 RECORDER WELD CO, CO S L981, as Grantee, covering the following described property located t 2. .rte, Y Weld County, Colorado; aai1 1. An undivided one-half interest in and to 'yai Condominium Unit 201, Building C, Country Club Village, according to the map thereof :Ord -� filed for record in the Condominium`r Declaration for Country Club Villas tecordod g in Book 682 under Reception No. 1604243 of the Weld County records 2. An undivided ono -half interest in and to: All of the SWk of Section 15, Township 6 North. Range 66 West of the 6th P.M.. Veld County. Colorado. lying South of the No. 2 Canal of the Nev Cache La Poudre Irrigating Company, excepting, therefrom that portion occupied by Heff Luke. the same being those portions conveyed by instruments recorded in Book 93 at page 460 and 30a1. 228 at page 557 of the Weld County recQrds, and also excepting those portions conveyed by deeds recorded in Book 163 at page 160 and Book 1184 at page 263 of the Weld County records All that pert of the SEtage of Section 16. Township 6 North, Range 66 West of the 6th P.M., Weld County. Colorado. lying South of the No. 2 Canal of the New Cache La Poudr- irrigating Company, and All of the SFlt of Section 16. Tov'ndhip 6 North, Range 66 West of the 6th P.M., Weld County. Colorado, except that pureian lying North and West of Abe No. 2 Canal of The New Cache La Peudre Irrigating Company, as said canal flews northerly through said quarter section. said excepted portion baving been conveyed by deed recorded in Book 73 at page 517 of the Weld County records. and also excepting that certain tract or parcel described as follows: All that part of the SVSt.. of Section 16, Township 6 North. Range 66 West of the 6th P.N.. Weld County, Colorado. lying South and East of the No. 2 Canal of the New Cache to Poudre Irrigating Camrrary as said canal flour northerly through said quarter section. and lying South and West of the East Dcvotte Lateral• said excepted portico having been conveyed by deed recorded in Hook 1507 at page 269 of the Weld County records, together with 4 shares of the capital stock of The New Cache La Poudre Irrigating Company. preferred right9 to Fossil Creek Reservoir issued by The North Poudre Irrigation Company. and also all water rights in the Coal Rank Draw Seepage Ditch and La Grange Seepage Ditch. subject to uses thereof or Tuesday and Wednesday reserved for that part of the hii of said Section 16, and the W1/2 of paid Section 15. lying Past of said seepage ditch and North of said No. 2 Canal in said *of the Northerly and Westerly boundary line of 2 8 1251 R& 02200518 12/18/89 15:33 p15.00 3/003 F 1352 MAX? ANN F1SE14kSTMXN CL.nRR & IINCOKDER W.fiLD CO, CO Township 6 North. Range 66 West of the 6th F.M.. Weld County. Colorado, and together with allotment of 46 acre feet as granted by Northern Colorado Water Conservancy District, and excepting therefrom an undivided one-half {15) interest in and to the oil, gas sad minerals as reserved by Richard Lauridsen by warranty deed dated July 9. 1958, recorded July 9, 1958 in Book 1507 et page 267 of the Weld County records 3. An undivided 2/14 interest in and to the oil, gas and mineral rights in, on and under the following describers property located in Weld County. Colorado: NA of Section 10, Township 7 North, Range 66 West of the 6th P.M.. Weld County, Colorado and together with any and all easements and rights of way appertaining thereto or in any wise utilized in connection therewith, with all appurtenances, subject, however, to the following: 1. 1989 real estate taxes due and Fayble in 1990. 2. Any and all easements and tights of way appearing of record or as now existing on the premises. 3. Subject to any and all reservations or grants heretofore made appealing of record affecting the above described premises. Executed this 15th day of December, 1989. 961_. d ._ 4 La - , A £. ed , . - , 0 MITE Op COLORADO COVNTY OF WELD ) )SS. ) James William 5tockever, Personal Representative of the Estate of William 11. Stockover, Deceased The foregoing instrument was noknowLedgcd before me this 15th day of December, 1989 by James Uiiliax Stocks er, as Personal Repreaentative of the Estate of wiliiam M. Stockorer, De eased. e, `•• • (11, i' 1c, ,v WITNESS Lip band and official seal. 11y commission expires: August 28, ' 3 I�u 1991. ry'Public 1111111 IIIII 1111111 INI 111111 III 1111111 III 11111 111 1111 2899655 11/09/2061 04:36P JA Suki Tsukamoto 1 of 4 R 20.00 0 16.50 Weld County CO 6r PERSONAL REPRESENTATIVE'S DEED (TESTATE ESTATE) - THIS DEED made by lames W. Stockover as Personal Representative of the Estate of Lucille P. Stocicover , deceased, Grantor, to }IarlanD. Simonsen and Kellen C. Simonsen , Ora:itce, whose legal address is 35540 Weld County Road 25, Eaton CD $0615 , County of Weld, State at -Colorado. WHEREAS, the Last Will and Testament of the above -named decedent was made and executed in the lifetime of the decadent, and is dated April 27, OBE, which Will was duly admitted to informal probate ott April 25, 20t00-, by the District Court in and for the County of Weld, State of Colorado, Probate No. 00 PR l35 . WHEREAS, Grantor was duly appointed Personal Representative of said Estate on April 25, 2000 , and is now qualified and acting in said capacity, NOW, THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell, convey, assign, transfer and set over unto Grantee as joint tenants with right ofsurviti'orshig, for and in consideration of the sum of , , the felt ving described real property situate in Weld County, Colorado: Ifa5ttsota . An undivided one-half interest in all that part of the SE 114 of the NE 1/4 of Section 16, Township 6 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado, lying South and East of the No. 2 Canal of The New Cache La Poudre irrigating Company, and all of the SE 1/4 of Section t 6. Township 6North, Range 66 West of the 6th P.M., County of Weld, State of Colorado, EXCEPT that portion tying North and West of the No. 2 Canal of The New Cache La Poudre Irrigating Company, as said canal flows northerly through said quarter section, said excepted portion having been conveyed by deed recorded hi Book 73 at Page 517. ALSO EXCEPTING that certain tract or parcel described as follows: All that part of the SW 1/4 of the SE 1/4 of Section 16, lying South and East of the No. 2 Canal of The New Cache La Poudre -Irrigating Company, as said canal flows Northerly through said quarter section, and lying South and West of the East Devotie Lateral, said excepted portion having been conveyed by deed recorded in Book 1507 at Page 269. Together with the following described water rights, With the exception at' forty-six units of Colorado Big Thompson Project walcr as administered by the Northern Colorado Water Conservancy District which Grantor is reserving, all rights, title, and interest of grantor in and to all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, and wells and well rights, on, underlying, appurtenant to, or used on or in connection with the above described property including, but not limited to the following: Three (3) shares of the New Cache La Poudre Irrigation Company, one (1) preferred right in the Fossil Creek Reservoir issued by the North Poudre Irrigation Company, and all grantor's right, title, and interest in and to the Coal Bank Draw Seepage Ditch and La Grange Seepage Ditch. also known by street and number as: Vacant land. THIS PLEADING CONFORMS IN SUBSTANCE WITH FORM CPC46 (11-92). tFAliPeUnMtistockatw JimFR need ttil • I llll�l lull lllllll111111111111lIIU Ily lllllt 2atllll lIII $64 0Trtla H. 20000 16.0 Wald CD with all appurtenances, subject tee SEE ATTACHED EXHIBIT 1, together with the following, which may or may not give notice of underground facilities within the above described property: (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1670705; (b) Public Service Company o[Coiorado, recorded November 9,1981 in Book 952 as Reception No. 1874064; (c)Western Slope Gas Company, recorded March 9, 1983 in Book 990 as Reception No. 191.9757; (d) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784; and (el Associated Natural Gas, Inc., recorded April 23, 1966 in Book l 110 as Reception No. 2454953. As used herein, the singular includes the plural and the plural the singular. Executed November 9, 2001. la s W. Stockover, Personal Representative of t a Estate of Lucille P. Stockover, Deceased STATE OF COLORADO j ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this 9th day of November, 2001, by James W. Stockover, Personal Representative of the Estate of Lucille P. Stockover, Deceased. Witness my hand and official seal. My commission expires: Notary Public Name and Address ofPe so:i Creating Newly Created Legal Docription After Recording Return To: Timothy W. Hasler, [-rasher, Fanfare. & Maxwell, 125 South Howes, 6th Floor, Fort Collins, CO 80521 THIS PLEADING CONFORMS IN SUBSTANCE WITH FORM CPC46 (11-92). (FIWPC\xDMk36ockoveY Sim\oa Deed p3} Mil 1111 I M 11111111 11111111 N1111111111 11111 11111111 28996611 11/0912001 04:36P JA Sukl Tsukameto 3 ot 4 li 20.00 0 16.60 Weld County CO 1. S.H. Southard Reservoirs, and say and all rs.ghts of way therefore, as evidenced by Maq and Statement filed December 2, 1893, as Filing No. 50169, in which the specific location is not defined 2. Highland Valley Reservoir and Ditch, Nauman Lake Reservoir and Hogarty Reservoir, and any and all rights of way therefore as evidenced, by Map and Statements filed in the office of the Clerk, and Recorder for Weld County. 3. Right of Tway far slew into Neff Reservoir as reserved in deed recorded .aril 26, 1873 in Book 6 at Page 307, in which the specific location is not defined. 4. ll.i.ght of way, whether in fee or easement only, to draw water together With ingress, egress., and regress, granted to the Town of Greeley by Cyreneus D. Neff and Joseph Inman by instrument recorded December 27, 1873 in Book 14 at Page 269, in which the specific location 0.,f the easement is not defined. 5. Right of:way, whether in fee or easement only, for the No. 2 Canal of The New Cache La Poudre Irrigating Company, and any and all rights of others in and to the use of said canal. 6. All rights to any and all minerals, ore and metals of any kind and character, and all coal, asphaltum, oil, gas and other like substances in or under said i.anci, the rights of ingress and egress for the purpose of mining, together with enough of the surface of. the same:as may be necessary for the proper and convenient working of such Minerals and substances, as reserved in Patent from the state of -Colorado, recorded May 5, 1935 in Book 677 at Page 132. (Affects SW1/4NEl/4 Section 16) 7, Terms, areements, provisions, conditions and obligations as contained. in Agreement by and between Carl E. Schaefer and Mollie Schaefer'.and Fred E. Lauridsen, Alice L. Greenlee, Richard D. Lauridsen, Vernon P. Lauridsen, and Fred B. Lauridsen, as Administrator of the Estate of P5ter Lauridson, deceased recorded January 20, 194E in Book 1219 at Page 267, 8. La. Grange Seepage .Ditch and structures and any and all rights of way therefore as evidenced by inotrument recorded October 9, 1953, in Book 7.370 at Page 49B, in which the specific location is not defined.. 1 I��ill 111111111111 III! 111111 111111111 Ili 11111 I I1 liii 2$90655 11/09/2001 04:3BP JA Suk TBukamota 4 of 4 R 20.90 0 16.50 Weld CaUklty CO 9; Right of way, whether in fee or easement only, for a public highway, are granted to Meld County, Colorado by Richard D. Lauridsen, recorded January 9, 1953 in Book 1347 at Page 525, affecting the following described property: As more particularly described in said instrument. 10. Right of way, whether in f a or e Bement only, for a public highway, as granted to Weld County, Colorado by Richard A. Lauridsen, recorded January 9, 1953 in Book 1347 at Page 526r affecting the following described property: As more particularly described in maid instrument. 11, Right of way, whether in fee or easement only, for a public highway, as granted to Weld County, Colorado by Richard D. Lauridsen, recorded February 21, 1955 in Book 1412 at Page 306, affecting the following descr'i3led property; As more particularly described in said instrument_ 12. Right of way, whether in fee or easement only, for purposes of laying, constructing, maintaining, operating, repairing, replacing and removing pipelines and appurtenances, granted to Colorado Interstate Gas Company by 'chard D. Lauridsen and Estete Virginia Lauri.daen by instrument recorded duly 11, 1955 in Book 1424 at Page 77, in which the specific location of the easement is not defined. 13. An undivided 1/2 interest in all oil, gas and other minerals, as reserved by Richard D. Lauridsen in the deed to Reuben B. Lebsac3c and Freda Lebsack, recorded July 9, 1958 in Book ].507 at Page 2G"1, and any interests therein or rights thereunder. 14. Oil and gas lease between William N. Stockover and Lucille P. StoCkover and 9ulpher River Exploration, Inc, dated August 29, 1981, recorded September 20, 1987. in Book 948 as Reception No. 1870312, Note: Extension of the above lease as claimed by Affidavit of: Production, pursuant to CRS 38-42-106, by Golden Buckeye -petroleum Corporation, recorded March 18, 1986 in Book 1106 as Receptions loo. 2066582. 1illiii11111111111i111i1411141114111114411111111111ii 218cl 2 R 1'! OR 8116.60 WaldhSuit} Ts lamol0 Courily CO TRUSTEE'S DEED 657 THIS D21) inaJ by Jams Wtlliarn Sr as 1stunent1ry Tni of die Ti ran mary 1russ established under the terms and provisions gibe Last Wilt and Testament of William M. Stoekover, dated April 27, 1981, Grantor, to Harlan D. Simonsen and Kelley C. Sinlootsen Grantee, whose legal address is 35540 Weld County Road 25, Eaten, CO 80615 - County of Wald. State of Colorado. NOW, THEREFORE, Gran terdoes hereby sell. convey, assign, transfer and set over unto Grantee a_giuint tenants with lithe ofsurviyorshi for oral ineon ride, aeon fll a sump .9t3 , We following described real property situate in Weld County, Colorado: IC co• as An undivided one-half interest in all ILO part of the SE 114 of die NE 1/4 of Section 16, Township 6 North. Range 46 West of the 6th P M„ County of Weld, State of Colorado. Lying South amid Fast of the Na. 2 Canal of The New Cache l.e Peudre irrigating Company. and all of the 511114 of Section la,Township6Nrsrrh.Range66Westofdie6t11P.M.,CountyofWcld.SuiteofColorado, CHCk.i"r that portion lying North and Weal of the No. 2 Canal of "I'he New Cache La Poacher Iniganng Company, ns said canal flaws northerly through said quarter section, said excepted portion having Ireen conveyed by deed recorded hi Book 73 at Page 517. ALSO EXCEPTING ilia. cetlain tact or pared dcscnisei" asfollows! All that part ot'iJae SW I4 ofihe SP 114 sf cetioii 16 lying South and East of the. No. 2 Canal of The New Cache La Peudre Iriigalius Company, as said canal [lows Northerly through said quarter section, and lying South and West of the East Dew, tit: Lateral, said excepted portion having been conveyed by deed recorded in Houk 1507 al Page 269. Tugolhcr with the followingdeaco sedwarcrrigbcs: With die exception of forty -sic aid-sof Colorado His Thompson Project wa ter as ai sintered by die Noncam Colorado Water Conservancy District which Grantor is reserving, all rights, title, and interest of grantor in and to all water and wales sights. direl Les and ditch rights, reservoirs and reservoir rights. and wells and well right% on, underlying. appurtenant to, or used an 4r in connection with the above described property including, hue not limned to the following: Tlirnr (1) lumna oftluc New Cache Lt Poudre Irmigmitiors Company, one (1) preferred right in the Fossil Creek Reservoir issued by tic Nord) Peudre lrrigalir it Company. attd ad gr]nlo>rs right. title, and interest in =Ito the Coal Rank Draw Seepage Ditch and La Grange Seepage Ditch. also known by street and number as: Vacant land. With all appurtenances, Sub,iect la: SEE ATTACHED E3tf1Tl1IT 1, together with the following, which may or may not give notice afundergtourid facilities within the above described property: (a) Mountain Bell Telephone Company. recorded Ge: ober I. 1981 in Beak 949 as Reception No, 1879705; (b) Public Service Company o f Calnrado. recorded November 9, IDS! i n Book 952 as Reception No. 1874084; (e) Western Slope Gas Company. tecorde d hJnclt 9, 19$3 in Soak 940 as Reception No, 19197`7, (*Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1441 as Reception No. 1979784; and (e) Associated Natural Gas, Inc„ recorded April 23, 1986 in Flock 1110 as Reception No. 2050953. As used herein, the singular includes the plural and the plural the singular. Executed November 9, 2001. Ja es William Stockover, as Testamentary Trustee of the Testamentary Trusts eatablishedurrder the terms and provisions of the Last Will and Testament of William M. Stockover, dated April27, 1981 STATE OF COLORADO ) )as - COUNTY OF DAMPIER ) The foregoing instrument was acknowledged before me this 9th day of November, 2001, by James William Stockover, as Testamentary Trustee of the Testamentary Trusts established under the terms and provisions of the Last Will and Testament of William M, Stockover, dated April 27, 1981, Witness my ban My co Name Nei AJdresma ARor Recording Mecum iat scat. 4,,0,61,0149 T[IAFILI.A L BLICFI t Lepel ISarcraeluO.i Sasser, Fonfara & Maxwell, 125 South !loves, 6th Floor. Fort Collins, CO 85321 THIS PLEADING CONFORMS IN SUBSTANCE NM FORM CPC46 (11.921• (P,\Mr.RRlk,hereeico+er ainNrr„ecn a.ed. !re') 11111ll 1111111111111111111111 II11111111 III 11111 II1I IIll 2899657 11/09/2001 04:36P JA Sukl Taukamot° 2 of 3 R 15.00 D 16.50 Weld County CO ExHTiirr I 1. S, X. Southard Reservoirs, and any and all rights of way therefore, as evidenced by Ma and Statement filed December 2, 1893, as Filing No, 54169, in which the epocific locationis not defined 2. Highland Valley, Reser'voi r and Ditch, Nauman Lake Reservoir and Ho arty Reservoir, and any and all rights of way therefore as evidenced, by Map and Statements filed in the off ice of the clerk. and Recorder. for weld County. 3. Right of !,ray for slew into Neff Reservoir as reserved in deed recorded .pr'i1. 26, 1873 in Book 6 at Page 307, in which the specific location is not defined. 4. Right of way, whether in fee or easement only, to draw water together with ingress, egress, and regress, granted to the Town of Greeley )y Cyreneus D. Neff and Joseph Inman by instrument recorded December 22, 1873 in Hook 10 at Page 269, in which the specific !location of the easement is not defined. 5. Right ofyay, whether in foe or easement only, for the No. 2 Canal of The New Cache La Poudre Irrigating Company, and any and all rights of others in and to the uSe of said canal. 6. All rights to any and all minerals, ore and metals of. any kind and character, and all coal, asphaltum, oil, gas and other like substances in or under said land, the rights of ingress and egress for the purpose of miring, together with enough of the surface of the game as may be necessaryfor the proper and convenient wanking of such minerals and substances, as reserved in Patent from the State of :Colorado, recorded May 5, 1935 in Book 677 at Page 132. (Affects: SW1/4NE1/4 Section 16) 7. Terms, aclreemsnts, provisions, conditions and obligations as contained in Agreement by and between Carl U. Schaefer and Mollie Schaeferand Fred E. x,aur.tdsen, Alice L. Greenlee, Richard D. Lauridsen, Vernon P. Lauridsen, and Fred E. Lauridsen, as Admirdi trator of the Estate of Peter Lauridson, deceased recorded aanuary 20, 1948 in Book 1219 at Page 267. 8. La Grange. Seepage -Ditch and structures and any and all rights of way therefore as evidenced by instrument recorded October 9, 1953, in Book 1370 at Page 498, in which the specific location is not defined.. 1111111111111111111111111111111111111 III NEIL TILE . _ 2899657 11/09/2001 04:36P JA Saki Tsukamolo 3 of 3 R 15.00 D 16.50 Weld County CO 9: Right of way, whether in fee or easement only, fox a public highway, as granted to Weld County, Colorado by Richard D. Lauridsen, recorded aanuax-Y 9, 1953 in. Book 1.347 at Page 525, affecting the following described property; As more particularly described in said instrument. 10. Right of way, whether in fee or eonement only, for a public highway, as granted to Weld County, colorado by Richard D. Lauridsen, recorded ►lanuary 9, 1953 in nook 1347 at Page 526, affeoting the following described property; • As more particularly described in said instrument. 11. Right of way, whether in fee or easement only, for a public highway, as granted to Weld County, Colorado by Richard D. Lauridsen, recorded February 21, 1955 in Book 1412. at Page 306, affecting the following described property; As more particularly described in said instrument. 12. Right of way, whether in fee or easement only, for purposes of laying, conutructing, maintaining, operating, repairing, replacing and removing pipelines and appurtenances, granted to Colorado Interstate Gas Company by Richard D. Lauridsen and Bete1e Virginia Lauridsen by instrument recorded Truly 11, 1955 in nook 1424 at Page 77, in which the specific location of the easement is' not defined. 13. An. undivided 1/2 interest in all oil reserved by Richard D. Lauridsen in and Freda Lebeack, recorded July 9, and any interests therein or rights , gas and other minerals, as the deed to Reuben s. Lebsack 1950 in nook 1507 at Page 267, thereunder. 14. Oil and gas },.ease between William M. Stockover and Lucille P. Stockover and Sulpher River Exploration, Inc. dated August 28, 1981, recorded Se tember 28, 1981 in Book 948 as Recepti94 No. 187031.2, •U Note; Extension of the above lease as claimed by Affidavit of production, pursuant to CRS 38-42-106, by Golden Buckeye - Petroledrn Corporation, recorded March 18, 1986 in Book 1106 as Reception No. 2046582. 111771111117 11171111111111111111 1111111111 711111111111 2997347 tI! 11x002 i0:32A Wald County, CO 1 GI 2 R V1.00 u 0.40 ,.LA. "Sold" TaukamOtn 347 QUIT CLAIM DEED THIS DEED, Made this 8th day of April, 2002 between Harlan D. Simonsen and Kelley C. Simonsen of the County of Weld and State of Colorado, grantor, and HKS Enterprise LLC, a Colorado limited liablity company whose legal address is 35540 Weld County Road 25, Eaton, Colorado 80615 of the County of Weld and State of Colorado, grantees; WITNESStTik, That the grantor[a1 for and in consideration of the sum of TEN AND 001100, [$16.001 Dollars, the receipt and sufficiency of which is hereby acknowledged, have remised, released, sold and WIT CLAIMED, and by these presents do remise, release, 6x11 and 'QUIT 'CLAIM =CO the granteeLs), its heirs, successors and assigns forever, all right, ti81e, interest, claim and demand. which the grantor (e) have in and to the real property, together with improvements, if any, situate, lying and being in the County of weld end State of Colorado, described as follows; SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF also known by street and number as TO HAVE ARO TO HOLD the same, together with all and singular appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the e state, right, title, interest and claim whatsnaver, of the grantor{e), either in law or equity, to the only proper use, benefit and bohoof of the grantee{s1, its heirs and assigns forever. IN WITNESS WHEREOF, The grantor(s) have executed this deed on the date set forth above, Harlan D. Simonsen 4‘41.1.4A �' )twon 4x44.,.! Kelley C. Simonsen STATE OF , County of Weld } es, The foregoing instrument was acknowledged before } me this 8th day of April, 2002, by Harlan D. Simonsen and Kelley C. Simonsen No.952. Rev. 3-8S Witness my hand and official seal My ccmml.slOn expires -4/-6C5 pr;; L CIC).1-1 NOTARY PUBLIC 1 tilI1l 11111 IIIIIII 1111 IIII IitII 11111111I1111Il 1111 1111 2997347 10/2112002 10,32A Wald County, CO 2 a! 2 A 11.00 D 0.00 J.A. "$u111" 7sakamala "EXHIBIT A" LEGAL DESCRIPTION All of the SE1/4 of Section 16, Township 6 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. EXCEPT that portion lying North and West of the No. 2 Canal of The New Cache La Poudre Irrigating Company, as said canal flows northerly through said quarter section, said excepted portion having been conveyed by deed recorded in Book 73 at Page 517. ALSO EXCEPTING that certain tract or parcel described as follows: All that part of the SW1/4 of the SB1/4 of Section 16, lying South and East of the No. 2 Canal of The New Cache La Poudre Irrigating Company, as said canal flows Northerly through said quarter section, and lying South and West of the East Devotie Lateral, said excepted portion having been conveyed by deed recorded in Book 1507 at Page 269. All that part of the SE1/4 of the North, Range 66 West of the 6th F. Colorado, lying South and East of Poudre Irrigating Company. All that part of the SW1/4 of the North, Range 66 West of the 6th P Colorado, lying South and East of Poudre Irrigating Company. NE1/4 of Section 16, Township 6 M., County of Weld, State of the No. 2 Canal of The New Cache La NE1/4 of Section 16, Township 6 .M., County of Weld, State of the No. 2 Canal of The New Cache La r 1 r..4 f .t # ₹ • i k w . --\ t� ! a.i i — . t .r,,.it =r--=-_ -- =�L - �. _ Sil Pr , t I ki III. t Yol 11;1 13 l tl, LI g � 9 4 1IIIll4lllllllllI111II114I1111111UI11111IIl X1111111 313519 1212312803 09:26A Weld County, CD e. 1 or 1 R 5,00 0 9.50 Steve Means Clerk & Recorder WARRANTY DEED THIS DEED, Made this 18th day of December, 2003 between HKS Enterprise, LLC, a Colorado limited liability company of the County of Weld and State of Colorado, grantor, and Stephen R. Calhoun whose legal address is P.O. Box 336009, Greeley, CO 80633 of the County of weld and State of Colorado, grantees: WtTNESSSTP1, That the grantor for and in coneidtration of the sum of NINETY FIVE THOUSAND AND 04/100, i$95,0DD.00} Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted. bargained. sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee, hie heirs and assigns forever. all the real property. together with improvements, if any, situate.lying and being in the County of Weld and State of coloreds', described as follows' Lot A of Recorded Exemption No. 0805-16-4-RE3634, recorded December 11, 2003 as Reception No. 3134327, being a part of the E1/2 of Section 16, Township 6 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado_ also known by street and number as , , Colorado TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right. title, interest, claim and demand whatsoever of the grantor, either in law or equity, of in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee. his heirs and assigns forever. And the grantor. for himself, his hairs and personal representatives. dues covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns. that at the time of the ensealing and doliv0ry of these presents, ha is well geisad of the premises above conveyed, Lea good, sure, perfect, absolute and indefeasible estate 4f inheritance, in law, in fee. simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and farm as aforesaid, and that the same are free and clear from all former and other grants, bargains. sales, liens, taxes, easesamente, encumbrances and restrictions of whatever k,nd or nature soever, except general taxes for 2003 and subsequent years; except easements. restrictines, covenants, conditions, reservations and rights of way of record, 6P any, The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and ovary person or persons lawfully claiming the whole or any pert thereof. The singular number shall include the plural, the plural the singular, end the use of any gender shall be applicable to all genders. IN WITNESS Wt1EREOF the grantor has executed this deed on the date set forth above. STATE OF COLORADO County of Weld by Harlan D. Simonsen as company No. 932A. Rev. 7-8 member HKS Enterprise, LLC, a Colorado limited liability company 8Y a==71,U4 ,i Harlan 0, Simonsen, Member se. The foregoing instrument was acknowledged before me this 18th day of December, 2003 of HKS Enterprises, LLC, a Colorado limited liability Witness my hand and official seal._ My c g fission expires ] f,5^Q�j^ NOTARY IBL1C 1295 Main St. Windsor, COLORADO 80550 TNG 7,3h 4007090 04/04/2014 04:22 PM Total Pages: 1 Rec Fee: $11.00 Doc Fee: $12.00 Steve Moreno - Clerk and Recorder, Weld County, CO After Recording Return to: Fredrick A. Wulf ii Doc Fee: $12.00 WARRANTY DEED This Deed, made A f2, 2014 Between Step en R. CaIhoon of the County Weld, State of COLORADO, grantor(s) and Fredrick A. Wulf Ill, whose legal address Is , County of Weld, and State of COLORADO, grantee. WITNESS, That the grantor, for and In the cotulderation 4f the sem of ONE HUNDRED TWENTY Tf-fOU5Af D DOLLARS AND NC 10U'S fS120,00040 !the receipt and sufficiency of wlsrch Is hereby acknowledged, has granted, bargained, sold and COM eyed, and by these presents does grant, bargain, sel, turwayand confirm, unto the grantee, their heirs and assigns forever, all the real property together with Improvements, iF any, situate, lying and being in the County of Weld, State of COLORADO described as follows: A of Recorded Cxereptlon No. O8C5.16.4-RE3634, recorded December 11, 2003 as Reception No. 3134327, being a part of the Eta of Section 15, Town ship 6 North, Range 66 West of the 6' P.M., County of Weld, State of Colorado. /s also known by street and number as 0,Ci{ 31 and HWY 392, Eaton, CO 80615 TOGETHER with all. and singular herediternenes and appurtenances, thereunto belangine, or in anywise appertaining. and the reversion and reversion5, remainder and remalndars, rents Issues and profits thereof, and all the estate, right, title, interest. claim and demand whatsoever of the grantor, either in saw or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances•. TO ttAVE AND TO HOLD said premises above bargained end described, with the appurtenances, unto the grantee, hit heirs and assigns forever. And the grantor, for himself. his heirs and personas representatives, does covenant, grant, bargain and agree to and with the grantee, his heirs end assigns, ;hat at the time of the ensealfrg and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and iedefeaslblr estate of Inheritance, In law, in fee Simple, and has good right, lull power and lawful authorlry to grant, bargain, sell and convey the same in manner and form as aforesaid, and that die same are free and clear from ail former and other grants, bargains, sales, pens, talres, assessments, encumbrances and restrictions of whaLevee kind of nature so ever. except for taxes for the current year, a lien bet not yet due and payable, and those specific Exceptions described by reference to recorded documents as reflected In She Tide documents accepted by Buyer in accordance with section 8.1(Tltle Review) of the cantratt dated January 24, 2014, between the parties. The grantor shall and will WARRANT AN0 FOREVER DEFENDthe abave•bargalnet! remises In the quiet and Reareal}te possession of the grantee, his heirs and assigns, against all and every 'Terser' or persons lawfully claiming the whole or any part thereof_ The singular number shall include the plural, the plural the singular. and the rise of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this on the date set forth above. SELLER: —S{ephen1t, Calhoon STATE OF COLORADO COUNTY OF Weld The Foregoing Instrument was acknowledged, subscribed and sworn to f e Apr112, 2014 by Stephen R, Cafhoon. Witness myhand and official seal, 1 I' !!! ! J fff add l Public Commission expires; Wdcorp 14,4: 11.1 ntAt .f ;} 7,i, nil a;r41.1 --.d,Uly yuV6 err ESCROW NO 59s-H039Je754&t•LL4 HI@ 073059 Pages: 1 of 2 01/136?n15 031$7 Pr: R Fse:S1a,00 0 Fes, $13.00 Ciriy Kxae,, CreeM and Aaoorder Weld Caunly. CO VIIIMlf�l 'EW+'lkU�I YIdlikrAI4RdiYEI Ahli'Y}r1II11 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. GENERAL. WARRANTY DEEM Date: December 29, 2014 Grantors: Fredrick A. Wulf. 11 and wife, Kimberly Wulf 202 Wulf Creek Center, Shelby County. TX 75935 Grantee: Irish Owl, LLC 153 Foster Street Center, Shelby County, TX 75935 Consideration: Cash and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Property (including any improvements): Lot A of Recorded Exemption No. 0$05- 16•4-RE3634, recorded December 11, 2003 as Reception No. 313,1327, being a part of the E I /2 of Section 16„ 'township 6 North, Range 66 West of the 6'" P.M., County of Weld, State of Colorado. Reservations front and Exceptions to Conveyance and Warranty: 1. All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges and immunities relating thereto appearing in the Public Records. 2. Easements. rights -of -way, and prescriptive rights, whetherofrccord or not, all presently recorded restrictions, reservations, covenants, conditions, and other instruments, other than liens and conveyances, that affect the property. Grantors, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grant, sell, and convey to Grantee the Property. together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee's administrators, successors, and assigns forever. Grantors. bind Grantors and their heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee's administrators, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty. When the context requires, singular nouns and pronouns include the plural. NOTICE: This Warranty Deed has been prepared from the information furnished by Grantors and Grantee, and there has been no title search of any nature performed, including but not limited to any determination of ownership or ourstandin; dchta and liens on said property, nor has there been an investigation as to whether there are • deliaq . nt taxes due on said property. (1) redriek A Wulf. Kim e rly uhf 4073059 Pages: 2 O{ 2 01f0J2e1s 03.37 Ph R Ft*:$16.0g p ,ees.50.9e Carly Katrps,, CLer4 Rezcrd9r. Hetd Counlr. CO [ irdi lliT2N+ .!',i+,0Olil{tir i iii L iti lI Ill STATE OF TEXAS COUNTY OF SHELBY } Before me, the undersigned authority, on this day personally appeared Fredrick A. Wulf, II and wife, Kimberly Wulf, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this. ] i 1 day of 014. ,•a 5, - t. RUBY W 1YIEi I wicromissoiEaratEs 10.2016, PREPARED TN THE OFFICE OF: Mettauer Law Firm, PLLC 403 Nacogdoches Street, Suite Center, TX 75935 AFTER RECORDING RETURN TO: Mettauer Law Firm, PLLC 403 Nacogdoches Street, Suite I Center, TX 75935 NotaT5 Public, (Jiete rtFTexas My commission expires: *1e.L 1WI aO �_ 4441141 10/24/2018 03:38 PM Total Pages: 4 Rec Fee: $28.00 Doc Fee: $60.00 Carly Koppes - Clerk and Recorder, Weld County, CO SPECIAL WARRANTY DEED STATE OF COLORADO KNOW ALL MEN BY THESE PRESENTS State Documentary Fee Date i.O- It- X 15 $62/2.1L_D_. COUNTY OF WELD FOR VALUABLE CONSIDERATION, the receipt and adequacy of which are hereby acknowledged, Irish Owl, LLC, a Texas limited liability company ("Grantor"), hereby grants, bargains, sells and conveys to NGL Water Solutions DJ, LLC, a Colorado limited liability company ("Grantee"), that certain real property located in the County of Weld, State of Colorado, more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Land"), together with all of Grantor's right, title and interest in and to the fixtures and improvements located, an the Land (the "Improvements"), and together with all rights, privileges and easements appurtenant to the Land, all water, water rights, geothermal water, geothermal water rights, ditches, ditch rights, priorities, reservoirs, reservoir rights, springs, filings, wells, well permits, and underground water, tributary and non -tributary, adjudicated and un adjudicated, underlying, on, used on, or appurtenant to the Land, wastewater and other utility rights relating to the Land and any and all easements, rights -of -way and other appurtenances used in connection with the beneficial use and enjoyment of the Land, in each case to the extent assignable (the "Appurtenances") (the Land, Improvements and Appurtenances collectively referred to as the "Property"). This conveyance, however, is made and accepted subject to any and all validly existing encumbrances, conditions and restrictions, relating to the hereinabove described property as now reflected by the records of the County Clerk of Weld County, Colorado, but only to the extent that such exceptions are valid, existing, •and, in -fact, affect the Property. As a material part of the consideration for this deed, Grantor and Grantee agree that Grantee is taking the Property "AS IS" with any and all'latent and patent defects and that, other than as stated in this instrument, there is no warranty by Grantor that the Property has a particular financial value or is fit for a particular purpose. Grantee takes the Property with. the express understanding and stipulation that there are no express or implied warranties, except as set forth herein and in that certain Agreement for Sale and Purchase of Real Property, Improvements and Permits by and between Grantor and Grantee, dated September 7, 2018. TO HAVE AND TO BOLD the Property, together with; all and singular, the rights and appurtenances thereto in anywise belonging, to Grantee and Grantee's successors and assigns forever; and subject to the Permitted Exceptions, Grantor does hereby bind Grantor and Grantor's successors and assigns towarrant and forever defend, all and singular, the Property unto the Grantee and Grantee's successors and assigns, .against every person whomsoever 4441141 10/24/2018 03:38 PM Page 2 of 4 lawfully claiming or to claim the same, or any part thereof by, through or under Grantor, but not otherwise. Ad valorem taxes for the year of this deed have been prorated; accordingly, by its acceptance- of this Deed, Grantee assumes responsibility to pay all ad valorem taxes on the Property for such year and all subsequent years.. Grantee's mailing address: Executed as of this // day of Q &Tel be 12018. AGREED and ACCEPTED: GRANTEE: NGL WATER SOLUTIONS DJ, LLC STATE OF _ COUNTY OF 3773 Cherry Creek North Drive, Suite 1000 Denver. Colorado 80209 GRANTOR: 'IRISH OW By: PrigtcrdName: kreEid t2it1 c This instrument was acknowledged before me on ih..1 AAT . , as Al limited liability company.n r RHONDA GREGSTON I My Barra e. Sure of Taxas Cerrsin. Expires 0.9-16-2022 411,_~ f' Neter tD G141021 On- 2018, by of Irish Owl, LLC, a Texas Notary Public, State of #P6Litit 630 e157a Printed/Typed Name of Notary 4441141 10/24/2018 03:38 PM Page 3 of 4 STATE OF Lckracki COUNTY OFIXILIftt- This instrurwent was acknowledged before me on CC -W 2 , 2018, by t d h, ., as 1,019 , of NGL WATER 'SOLUTIONS DJ, LJC, a Colorado limited liability com.any, LSATRI. NoteTY public State of Colorado Notary t4 *20144001008-2022 123 My commission axp ires MmeCommission Expires: b Pu , State of a i l 1 a - Printed/Typed Name of Notary After Recording Return To: NGL Water Solutions DJ, LLC 3773 Cherry Creek North Drive, Suite 1 000 Denver, Colorado 80209 4441141 10/24/2018 03:38 PM Page 4 of 4 Exhibit "A" to Special Warranty Deed DESCRIPTION OF THE REAL PROPERTY Lot A of Recorded Exemption No. 0805-16-4-RE3634, recorded December 11, 2003 as Reception No. 3134327, being part of the E1/2 of Section 16, Township "6 North, Range 66 West of the 6`h P.., County of Weld, State of Colorado. Hello