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Home My WebLink About20200164.tiffSUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE. Guarantee No.: CO-FCTV-IMP-72COG6-1-19-N 0023983 Chicago Title Insurance Company a Florida corporation, herein called the Company GUARANTEES Oak Leaf Solar 41 LLC 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. Chicago Title Insurance Company Countersigned: By: Darren Hone Authorized Signature AITHST cut .sere 72COG6 Chain of Title Guarantee CLTA Guarantee Form No. 6 (Revised 6!6!92) Order No.: N0023983-010-TO2-DSI Guarantee No.: CO-FCTV-IMP-72COG6-1-19-N0023983 NOTICE CONCERNING FRAUDULENT INSURANCE ACTS (This Notice is Permanently Affixed Hereto) NOTICE CONCERNING FRAUDULENT INSURANCE ACTS (This Notice is Permanently Affixed Hereto) It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the department of regulatory agencies. C. R. S. A. § 10-1-128 (6)(a). 72COG6 Chain of Title Guarantee CLTA Guarantee Form No. 6 (Revised 6/6!92) Order No.: N0023983-010-TO2-DSI Guarantee No.: CO-FCTV-IMP-72COG6-1-19-N0023983 Order No.: N0023983-010-TO2-DS1 Liability: $165.00 1. Name of Assured: Oak leaf Solar 41 LLC 2. Effective Date of Guarantee: October 4, 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 by Michael E. Mckee and Linda L. Mckee pursuant to a Special Warranty Deed in and to the land described as follows: See Exhibit A attached hereto and made a part hereof. Only the following matters appear in such records subsequent to January 1967: Warranty Deed Recorded January 10, 1967 at Reception No. 1498913 Warranty Deed recorded January 10, 1967 at Reception No. 1498915 Warranty Deed recorded October 5, 1967 at Reception No. 1508561 Warranty Deed recorded October 5, 1967 at Reception No. 1508562 Warranty Deed recorded May 21, 2004 at Reception No. 3182216 Quit Claim Deed recorded April 7, 2005 Reception No. 3275576 Special Warranty Deed recorded September 18,2012 Reception No. 3873927 Note the following are name changes to complete the chain of Title from Monfort Feed Lots Inc. Reception Nos. 1508561 and 1508562 To Swift Beef Company Reception No. 3182216 Articles of Merger Monfort Feed Lots to Monfort of Colorado, Inc. Name Change Mofort of Colorado to Monfort, Inc. Name Change Monfort Inc. to ConAgra Beef Company Nome Change ConAgra Beef Company to Swift Beef Company SCHEDULE A CHAIN OF TITLE GUARANTEE Guarantee No.: CO-FCTV-IMP-72COG6-1-19-N0023983 Fee: $165.00 72COG6 Chain of Title Guarantee CLTA Guarantee Form No. 6 (Revised 6/6!92) Order No.: N0023983-010-TO2-DSI Guarantee No.: CO-FCTV-IMP-72COG6-1-19-N0023983 SCHEDULE A (Continued) 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. 72COG6 Chain of Title Guarantee CLTA Guarantee Form No. 6 (Revised 6!6!92) Order No.: N0023983-010-TO2-DSI Guarantee No.: CO-FCTV-IMP-72COG6-1-19-N0023983 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO IN THIS GUARANTEE IS DESCRIBED AS FOLLOWS: The NE V4 of Section 24, Township 6 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado, Excepting therefrom a parcel of land conveyed to School District No. 6, By Deed recorded December 28, 1886 in Book 60 Page 468; Also Excepting therefrom a parcel of land conveyed to Weld County, Colorado by Deed recorded August 30, 1955 in Book 1428 Page 18; Also excepting therefrom that part lying North of the canal of the Cache La Poudre Irrigating Company; And also excepting therefrom that parcel of land conveyed to Colorado Department of Transportation by Deed recorded April 9, 2015 at Reception No. 4097626 72COG6 Chain of Title Guarantee CLTA Guarantee Form No. 6 (Revised 6/6!92) is. 577 Recorded at _ . o'clock M. JAN 10 1967 Reception No. 149891'3 AI„I,I..ss ,.Recorder. • ▪ KNOW ALL' MEN BY THESE PRESENTS; That ,.. 04 i .• - - - ?LARRY �r c' and r,..1;DYS t'. :+3', St. :: 0 Of the County of ;field , and State of Coloradp, " for the consideration of Other voivable_ corsideratiens and `?eh - - -Dollars, in hand paid, hereby sell and Convey to - - WARREN -:. :.:;11-,'01,1"2 o' of the County .of• co c;e1d , and State of Colorado, 0 a the following real property, situate in the - _ _ County of ,,aa o and State: of Colorado, to -wit: The East h f (E.') of the Worthealst :quarter (ICS') of Section Twerlt --Thor (21i), Towns1lsn Six (6) ',orth, Rnnge Sixty- r- (A6) '''e• t of the Fixth .rin:c•4..r-•l ieridian; together with pumping o • plant situate upon. Inc? I.'.sed in connection :with the within described nro- w perty, Four eharee of the capitol stock of The ..,nw Cache la Poudro Irri- J. : raft ti,-. Company, Three sharp: of the caritel stock of. The Cache la Foudre "' 9ezervoir Company: excnr:tinc therofrOm ^:.reel as conveyed ;by Doed rebord- ed in rook 60, Pate 9.68, 'Meld Co•Inty 'Records and oxc'ept rights of way as conveyed by deeds recorded in "ook 278, Pare 368, and ?.k 250, Parke 113, :Weld County Records: :.1so all ditch, reservoir, Linter r,nd lntnral rights pertaining or in : ny way bolon„infr, to said land or '•sod thereon. rn un en r o....P r -t.. 4 --i©a[uMINT4Rr_ NETEF��G 'r,(41) it ks with all its appurtenances, and warrant the title to the same, subject to 1966 taxes; restrictions, r,:se'^l '..tions, rerol':tior9, C"•somr,nto, ?'1;;ht-' of way, con- ditions c.ni' ex,ceations or' record, if sane exist; s °4-. jcct to _r.rlusinn of said land within. th , ''..-underins " The inrth©rn r'c ':rater C)nservaney District, the (;reole7 coil Conservation District, th.: Bator. :,'ire ?ro- tection District, the Serb Lake Zoning :'pnol"tion, ar• the north :inld County Water District and subje-t to a • 1 icons and r r'osen^.cnte crnr:ted by the in- cli2sion within the houndnries of s=iid districts •- - Signed and delivered this 31.•th In the presence of STATE OF COLORADO, COUNTY OF WELD. 19b la )411U•, i? 44;•1M1fITNEd and. offi a1 seat. o rTcss361 expires 3r�W 9G p • $ ��..... YY.. Notary - y �'s'' '•,, : � � = otaPublic. y'1 o F ....o `Q` • i1''•iy„rigAuRAti Kelm OR PERSONS HEREIN INSERT NAME on NAIIEeIF $Y PERSONS ACTFNti IN REFRESENTA. TIME OR OFFICIAL CAPACITY OR AS ATTORNEY -IN -FACT, THEN INSERT NAPE; or PERSON AS EXECUTOR, ATTORNEY - IN -FACT OR OTHER CAPACITY OR DEeCRIPTIONI IF HY OFFICER of CORPORATION, THEN INSERT WYE OF SUCH or- FICER OR OFFICERS, AS THE PRESIDENT DR OTHER OFFICERS OF SUCH CORPORATION, NAOINS IT. -- $TATUTCRY ACKNDOLED WENT , SESSION 1927. SS. day of vlf , A. D. 1966 My. ,ik .. (SEAL) MA -041./ (SEAL) _+elson (SEAL) VaaisiAte ing instrument was acknowledged before me this 3uth day of . ovcmbor :ele n and Oladvs '.1. .aol: on WARRANTY DEED -- SYATUTORv FORK of the Cc.unty of la ca O of the county of '.td -I , and State of Colorado, o the following real property. situate In the - - - - County of ,,^Ili c, and State of Colorado, to -wit; „ : 1,: t,. } :Ale `ir,rr,•."•E.• t; ,I 1'};,t. r-- ,(� .,)_. • } :...ct; ., r ( . 11 ".;:c...; : -..7:17c; ,; („) .f,l 1, r ,• .,r0 C V: I U' f l 1. I t II r,^ - r 1 :11 C; 9 1I'. . T [ I;' 0;, „I I;I: I+'.., --',",!,.-;5.r. ,:1" , '1') ,.]5 1'. . ! _ .. ',S;:,1• .;. _ t -•, •h 'l!.. . `72 to.. _l . '. „, 1... .PJ'., ' 517'7. 5�- Recorded at -' _ o'clock ilecepticn No. i4!4 15 KNOW.ALL MEN BY THESE PRESENTS, That - for'the crnnideratlrn cf ... - in hand paio, hereby sell and convey tc JAN 10 1367 ANN SPOAWk, Recorder. , and State of/Mania:; ",-rl - - Collars, !llrA��L:I with all its appurtenances, and ;,-_r.nt the title to the same, subject to ! r' or I F. :1 7 r: s' 1 .. fd • c .r 1 nd c „_• STATE O1' /CCIE !i,}fl[K ) s s. CGt!HTY oar/ ) Signed and del iverErJ this 01,Ss day cf ,,,,. , „ _. - In the presence of �,.. -- v ) s-r2-Q4•-iiJ (SEAL) c. ' 7 (SEAL)) The foregoing instrument was a:knrwlec!ge:J before me this 19 r.r , cy • I .11T14[35 ray hand and cfflcial oral, t• -y ccrrmicsl;.n expires 11y y vi /qc 7 I ' 411. TI' •" ^'• e -AL CEn6c•P R p'wONa ,,te-r, II,5(n] 'MMUT CU tin./761 Ir nv Fire'', =';'6 IN f'CPPC9"rrA. TIYw' cN err; r tar. ir,.r,c, TY On no a I TCC'ry- IN -TACT, T.,E., I',',i Pr Flot.r rr r•r Pr;At IA(ru ICI,, ATlci,r,CY- ;'•"r.:iT f,+ •` TT:11 OAPACI Ty OP O(GC6 I PT ICn; If UY err 10111 or Conr-ATICrJ, Trl{,l 11,91. 1IT r,AlF. 11( :,.C" DI. T I[T'ri eR r,rr I Lf: P9, e6 nor PALO IG[IIT LA (MIA arrl crr.G Or .•.uu, COIl,-Ofl:,r lni,, nIl•n,,n Ir, -- 5!•rUT my 'Yy[".r{n'.''Lr1T, 5[551 UI 1927. A & (SEAL) ; '•Brit; I;1V .'-LT'1 :+TA FUIORY f^R4 )r ra0•ri,/+,-. day of ic. I yam, 1001 i halo E. - =OW ALL MEM DT THEM PRESL'B, -That' Warren H. Woniort, of the County of Weld and State dt Colorado, for the codsideri. ation of Ten Dollars and other valuable coneideratioas'.:-4a has , .: paid, hereby sell and codvey to Monfort Deed Lote,.3nc.,' a Colorado corporation, of the County of'Weld and State oX Colorado, the following real *state and property, situate in,, the County of Weld and State of Colorado,..to-wit: The West Half of the Northeast 4nrrter (4 1411) ) of Section Twenty-four (24), Township Six (8 Worth, Range Sixty -nix (68) West of the Sixth principal Meridian, except that part thereof Worth of the canal of The New Cache la Poudre Irrigating Company; together with four.(4) shares of the capital stock of The New Cache la Poudre Irrigating Company and three (3) shares of the 'capital stock of The Cache la Poudre Reservoir Company, and any and all water and ditch rights appurtenant to said lands, together with all its appurtenances and warrants the title the saw@, subject, however, to, the following: 1. 1987 taxes due and payable in 1968. 2. Inclusion of the property within the boundaries of the Northern Colorado Water Conservancy District and the Eaton Fire Protection District. S. Sealy Lake Zoning Resolution adopted by the Board of County C,aswissionera -Weld County., Colorado« ed and delivered thin L511- day of October, 1967. :0:No =fHifPH.SR Vot4; = UCCIMCMARr_ 00-511 1 AV Faro,rz - — arren STATE OF COLORADO ) am= or WELD ) The 'going instrument wan acknowledged before me thin day of October, 1967 by Warren H. Monfort. 4 k. Is F 9I I TPlSs my hand and official �iseal. omMiseion expires :C' to o • 0. w es e r' 0 e nn R at m u Z£Epe0 ummaa f. 0. air. .. h. WARRSNT't''DM OCT 5 AIN tee., blob Aa KNOW ALL MBA BY THAI PRISMS, That Warren H. Monfort, n of the County of Weld and State of Colorado, for the congideratioh of Ten Dollars and other valuable considerations is head paid, hereby sells and conveys to Woefort,leed Lots, Inc., a Celo- " redo Corporation, of the County of Weld and State of Coldpado, the following real estate and property, situate in the °DURO%of Weld and State of Colorado, to -wit: . • The last Half of the Northeast Quarter (TO) )..of Section Twenty-four (24), Township Six ($) North, Range Sixty-six (66) West of the Sixty Principal Meridian; together with pumping plant situate upon and used in connection with the within described • property, four (4) shares of the capital stock of The New Cache la Poudre Irrigating Company, three (3) Mores of the capital stock of The Cache la Poudre Reservoir Company; excepting therefrom parcel as eoaveyed by Deed recorded in Rook 60, page 468, Weld Comity records and except rights of way as conveyed by deeds recorded in Book 228, page 3$8 and Book 250, page 113, Weld County records; also ill ditch, reservoir, water and lateral righ9 per. taining or in any way belonging to said lan usedithereon, together With all Its appurtenances and war the title to the same, subject, however, to the followi 1. 1967 taxes due and payable in 1968. 2. Restrictions, reservations, resolutions, easements, rights of'way, conditions and exceptions of record, if the same exist. 3. Inclusion of the property within the boundaries of the Northern Colorado Water Conservancy District, -the West Greeley Soil Conservation District, the Eaton lire'Protection District, and the North Weld County Water District. 4. Sealy Like Boning Resolution adopted by the Board of County Commissioners of Weld County, Colorado. 5. Deed of Trust from Warren H. Monfort to the Public, Trustee of Weld County for the use of Harry N. Nelson and Gladys V. Nelson dated January. 10, 1967 recorded January 10, 1967 is Book 577 under Reception No. 1,498,914 of the Weld County recprfs securing the grantor's promissory note in the principal sum of 1,000.00 bearing interest at the rate of five p z ceet per annum payable January 10, 1968 which • 'Indebtedness the grantee herein assumes and agrees . to pay when due. rimed and delivered this day of October, 1987. COLORADO ) ) 88 OP WR. ) ole foregoing instrument was acknowledged before me this day of October, 1967 by Warren H. Monfort. WIlNHSS my band and off,),ci 1 ea �, 1�6� 1[y cdmmiasion expires: f� .60 �tary Puoi3o •a 0 a 0 w MI • 0 e 1111111 IIIII lOll 11111 !1110111110!111111 IIIII IIII IIII 3182210 05/2112IXJ4 10:10A Weld County, CO 44) 1 of 2 R 11.00 D 110.00 Steve Moreno Clerk 8 Recorder WARRANTY DEED THIS DEED. Made this 2nd day of April, 2004 between Swift Beef Company, a Delaware corporation a corporation duly organized and existing under and by virtue of the laws of the State of COLORADO, grantor, and Opera Galleria, LLC, a Colorado limitedliabilitycompany whose legal address is $o�(p atA 54. Plata , g - eteti, �.O 8D(a of the County of Weld and State of Colorado. grantees; WITNESSETH: That the grantor, for and in consideration of the sum of ONE MILLION ONE HUNDRED THOUSAND AND 00/100, ($1,100,000.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by Ca(these presents does grant, bargain, sell, convey and confirm, unto the grantee, his 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 Colorado, described as follows: A. SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF 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 itself, its successors, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes for 2004 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if 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 every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, The grantor has caused its corporate name to be hereunto subscribed by its CFO and its corporate seal to be hereunto affixed, the day and year first above written. Swift Beef Company, a Delaware corporation STATE OF COLORADO County of weld Danny Herron. as CFO } } ss. The foregoing instrument was acknowledged before me this 2nd day of April, 2004. by of Swift Beet Company, a Delaware corporation My commission expires N.- ,, 2005 witness my hand and o Na. 40B. Rev. 5-84 NOTARY PUBLIC 1295 Main St. Windsor, COLORADO 80550 TNG �073as8A- 111111111111111111111 IIIIIII III IIII111 III 111111III 1111 3182216 05/21/2004 10;10A Weld County. CO 2 of 2 R 11.00 D 110.00 Sieve Moreno Clerk & Recorder "EXHIBIT A" LEGAL DESCRIPTION PARCEL 1: The NE1/4 of Section 24, Township 6 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. EXCEPTING THEREFROM a parcel of land conveyed to School District No. 6, by deed recorded December 28, 1886, in Book 60 at Page 468. ALSO EXCEPTING THEREFROM a parcel of land conveyed to Weld County, Colorado by deed recorded August 30, 1955 in Book 1428 at Page 18. ALSO EXCEPTING THEREFROM that part lying North of the canal of the New Cache La Poudre Irrigating Company. PARCEL 2: The W1/2 of the NW1/4 of Section 19, Township 6 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. EXCEPTING THEREFROM parcels of land conveyed by deeds recorded in Book 76 at Page 509, Book 1338 at Page 593, Book 1434 at Page 51, and Book 749 as Reception No. 1670727. The SE1/4 of the NW1/4 of Section 19, Township 6 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. EXCEPTING THEREFROM a parcel of land conveyed by deed recorded in Book 254 at Page 401. All that piece or parcel of land of a triangular shape lying Southwest of the Number Two Canal in the Southwest corner of the NE1/4 of the NW1/4, more particularly described as follows: Commencing at the Southwest corner of the NE1/4 of the NW1/4 and running North on the West line of the last named tract, 56 yards to the South bank of said Number Two Canal; thence along the South bank of the Number Two Canal on a Southeasterly course to the South line of the last named tract at a point 60 yards East of the Southwest corner of the tract; thence West 60 yards to the place of beginning. The SWI/4 of Section 19, Township 6 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. EXCEPTING THEREFROM that part thereof described as follows: Commencing at the South Quarter corner of said Section 19; thence North 1,320 feet; thence West 145 feet; thence South 22 degrees 21 minutes East 125 feet; thence South 02 degrees 45 minutes East 357 feet; thence South 15 degrees 32 minutes West 135 feet; thence South 358 feet; thence East 97 feet; thence South 360 feet; thence East 20 feet to the True Point of Beginning. TOGETHER WITH 54 shares of the capital stock of the New Cache La Poudre Irrigation Company TOGETHER WITH Wells 45966, RD203 and 13946 RESERVING HOWEVER unto grantor its share of oil and/or gas revenues from production presently exisiting on the subject property so long as the leases for said production are maintained. 1111111 11111 HIll IIII 111111111111111111 III 11111 IIII IIII 3275576 04/07/2005 03:49P Weld County, CO 576 1 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder QUIT -CLAIM DEED THIS INDENTURE, made this 7'h day of April, 2005, by and between Opera Galleria, LLC, a Colorado limited liability company, hereinafter referred to as the party of the first part and Ed Orr, hereinafter referred to as the party of the second part, WITNESSETH, that the said party of the first part, for and in consideration of One Dollar ($1.00) in hand paid by the said party of the second part, and for other good and valuable consideration, the receipt whereof is hereby acknowledged, has remised, released and quit -claimed and by these presents does remise, release and quit -claim unto the said party of the second part, and its heirs and assigns, forever, all the right, title, interest, claim and demand which the said party of the first part has in and to the following described lot, piece or parcel of land to wit: See Exhibit "A" attached hereto and made a part hereof TO HAVE AND TO HOLD THE SAME, together with all and singular, the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest and claim whatsoever of the said party of the first part, either in law or equity, to the only proper use, benefit and belief of the said party of the second part its heirs and assigns, forever. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal the day and year first above written. STATE OF COLORADO } }ss COUNTY OF WELD } :The fore instrument was acknowledged before me this 7th day of April, -2005, by Eg Orr, as Manager of Opera Galleria, LLC. My Gommisa on Expires: June 18, 2005. �f- Notary Public 11101 11111 HID liii 11111111 11111 11 1111 3275576 04/07/2005 03:49P Weld County, CO 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder "zArti:61T A° LEGAL DESCRIPTION PARCEL 1: The NE1/4 of Section 24, Township 6 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. EXCEPTING THEREFROM a parcel of land conveyed to School Distri:t No. 6, by deed recorded December 28, 1886, in Book 60 at Page 468. ALSO EXCEPTING THEREFROM a parcel of land conveyed to Weld County, Colorado by deed recorded August 30, 1955 in Book 1428 at Page 18. ALSO EXCEPTING THEREFROM that part lying North of the canal of the New Cache La Poudre Irrigating Company. PARCEL 2: The W1/2 of the NW1/4 of Section 19, Township 6 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. EXCEPTING THEREFROM parcels of land conveyed by deeds recorded in Book 76 at Page 509, Book 1338 at Page 593, Book 1434 at Page 51, and Book 749 as Reception No. 1670727. The SE1/4 of the NW1/4 of Section 19, Township 6 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. EXCEPTING THEREFROM a parcel of land conveyed by deed recorded in Book 254 at Page 401. All that piece or parcel of land of a triangular shape lying Southwest of the Number Two Canal in the Southwest corner of the NE1/4 of the NW1/4, more particularly described as follows: Commencing at the Southwest corner of the NE1/4 of the NW1/4 and running North on the West line of the last named tract, 56 yards to the South bank of said Number Two Canal; thence along the South bank of the Number Two Canal on a Southeasterly course to the South line of the last named tract at a point 60 yards East of the Southwest corner of the tract; thence West 60 yards to the place of beginning. The SW1/4 of Section 19, Township 6 North, Range 65 West of the 6th P.M., County of. Weld, State of Colorado. EXCEPTING THEREFROM that part thereof described as follows: Commencing at the South Quarter corner of said Section 19; thence North 1,320 feet; thence West 145 feet; thence South 22 degrees 21 minutes East 125 feet; thence South 02 degrees 45 minutes East 357 feet; thence South 15 degrees 32 minutes West 135 feet; thence South 358 feet; thence East 97 feet; thence South 360 feet; thence East 20 feet to the True Point of Beginning. 927 pees; 1 of 3 09/138/2012 09.06gan R Fee:$21.00 D Fee:$55-80 5tev• more"o ;Inc Recorder. Weld County 1111 1VA1V14MIii l L WI CO III I 11II 1111111111111111 II111N 11I Special Warranty Deed (Pursuant to 38.30.115 C R.S.) of LD and tate of THIS DEED, made on September Hundt� Fifttyy ThouRsand and 001100 *** dorantor(s), of the llars in hand paid, hereby sells and ccoDnveysfor to the MICHAEL c onsideration of (5554,00000) **' MICHAEL E. MCKEE AND LINDA L. MCKEE Grantee(s), whose street address is P.O. BOX 125 LUCERNE, CO 80646. County of WELD, and State of COLORADO, the following real property in the County of Weld, and State of Colorado. to win THE NE 1/4 OF SECTION 24, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P,M., COUNTY OF WELD, STATE OF COLORADO, EXCEPTING THEREFROM A PARCEL OF LAND CONVEYED TO SCHOOL DISTRICT NO.6 BY DEED RECORDED DECEMBER 28, 1955 IN BOOX 60 AT PAGE 468; ALSO EXCEPTING THEREFROM A PARCEL OF LAND CONVEYED TO WELD COUNTY, COLORADO BY DEED RECORDED AUGUST 30, 1955 IN BOOK 1426 AT PAGE 10; AND ALSO EXCEPTING THEREFROM THAT PART LYING NORTH OF THE CANAL OF THE CACHE LA POUDRE IRRIGATING COMPANY also known by street and number as: VACANT LAND, GREELEY CO 60631 R"GRANTOR RESERVES ALL GRANTOR'S INTEREST IN ALL PRODUCING AND IGHTS, HYDROCARBONS, OIL AND GAS APPURTENANT TO THE SUBJECT DUCING MINERALS, MINERAL PPR PERTY with all its appurtenances and warrants the title against all persons claiming under the Grantor(s). subject to general taxes for the year 2012 and those specific Exceptions described inExhibit "A" attached hereto; those specifically described rights r of third parties not shown by the public records of which Grantee(s) has actt�ai knowledge and which were accepted by Grantees inclusion of the Property within any special tax district. State Documentary Fee Date: September 17, 2012 $e assd0 E ORR NANCY A. LOHR NOTARY PUBLIC State of COLORADO ) ) ss STATE OF COLORADO • NOTARY ID 19924006574 County of WELD My Commission Expires July 18, 2016 The foregoing instrument was acknowledged before me on this day of September 17, 2 by ED ORR Witness my hand and official seal_ j� ! /`- Ill?( a:Ail commission expires ! 5ot- ubhc ./ When Recorded Return to: MICHAEL E. MCKEE AND LINDA l.. MCKEE P.O. BOX 125 LUCERNE. CO 80646 Form 13767 01:_011 swd-odt Special Warranty Deed (Photographic) FC25110670 04966328} 3873927 Pages: 2 of 3 09/18/2012 09:06 AM R Fss:S21.00 D Fet:$55.00 Slue !'c'ene C1eri am; Recoror, Alald County CO Iiiri niii I'i'#J'I4l1r'i.• III EXHIBIT "A" I. RIGHT OF WAY FOR COUNTY ROADS 30 FEET 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. 2. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED DECEMBER 15, 1877, IN BOOK 20 AT PAGE 148 AND JANUARY 1, 1881 IN BOOK 20 AT PAGE 284. 3. RIGHT OF WAY AND EASEMENT, FOR THE GRAHAM SEEPAGE AND DRAINAGE CANAL AS CONTAINED IN DECREE RECORDED JULY 9, 1902 IN BOOK 201 AT PAGE 76. 4. RIGHT OF WAY AND EASEMENT, FOR CHILDS SEEPAGE DITCH, AS CONVEYED BY DEED RECORDED OCTOBER 13. 1905 IN BOOK 228 AT PAGE 368. 5. OIL AND GAS LEASE RECORDED JUNE N. 1979 UNDER RECEPTION NO. 1792315 AND ANY AND ALL ASSIGNMENTS THEREOF. OR INTEREST THEREIN. NOTE: EXTENSION OF THE ABOVE LEASE AS CLAIMED BY AFFIDAVIT OF PRODUCTION WAS RECORDED MARCH 09. 1989 UNDER RECEPTION NO. 1958739. 6. RIGHT OF WAY EASEMENT AS GRANTED TO NATURAL GAS ASSOCIATES 1N INSTRUMENT RECORDED NOVEMBER 14, 1983, UNDER RECEPTION NO. 1946743. 7,ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS CONVEYED IN INSTRUMENT RECORDED MARCH 29, 1984, UNDER RECEPTION NO. 1960993, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 8 • THE EFFECT OF INSTRUMENT RECORDED AUGUST 30, 1985 AT RECEPTION NO. 2022921. 9 • RIGHT OF WAY EASEMENT AS GRANTED TO NATURAL GAS ASSOCIATES IN INSTRUMENT RECORDED JULY 17. 1986, UNDER RECEPTION NO. 2061175. 10. RIGHT OF WAY EASEMENT AS GRANTED TO U.S. WEST COMMUNICATIONS. INC. IN INSTRUMENT RECORDED MAY 09. 1991, UNDER RECEPTION NO. 2249589. 11. ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT RECORDED MAY 21, 2004, UNDER RECEPTION NO. 3182216, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 12. ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS CONVEYED IN INSTRUMENT RECORDED JANUARY 28, 2009, UNDER RECEPTION NO. 3601838, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 13. TERMS. CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED JANUARY 13. 2006 AT RECEPTION NO. 3354964. 14. ALL MATTERS SHOWN AND/OR STATED ON LAND SURVEY PLAT RECORDED JANUARY 8, 2007 AT RECEPTION NO. 3446004 AND RECORDED APRIL 13, 2007 AT RECEPTION NO. 3468816. 15. TERMS. CONDITIONS AND PROVISIONS OF COVENANT LIMITING THE IRRIGATION OF LAND RECORDED DECEMBER 22, 2009 AT RECEPTION NO. 3666584. 3873927 Pages: 3 of 3 139/14/2012 09.06 QM R Fee:$21.00 D Pee $55_00 Steve "arenc Cte^K and Reoo-der. weld County. CO 16 . TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED DECEMBER 22, 2009 AT RECEPTION NO. 3666585 17. OIL AND GAS LEASE RECORDED JULY 19, 2011 ❑NDER RECEPTION NO. 3780851 AN❑ ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN Order No. N0023 983-01 0-TO2-DS I Guarantee No. CO-FCTV-IMP-72COG6-1-19-N0023983 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the fol lowing: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the natters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A) of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assume or agreed to by one or more of the Assures; (2) which result in no loss to the Assured; or (3) which do not result in the validity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. The identity of any party shown or referred to in Schedule A. The validity, legal effect or priority of any matter shown or referred to in this Guarantee. (c) (d) GUARANTEE CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED CLAIMANT. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assure hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. NO DUTY TO DEFEND OR PROSECUTE. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS; DUTY OF ASSURED CLAIMANT TO COOPERATE. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph it shall do so diligently (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assure in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Civarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudice by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assure provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assure to submit for examination under oath, produce other 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 governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 72COG6 Chain of Title Guarantee CLTA Guarantee Form No. 6 (Revised 6!6!92) Order No.: N0023983-010-TO2-DS 1 Guarantee No.: CO-FCTV-IMP-72COG6-1-19-N0023983 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. DETERMINATION AND EXTENT OF LIABILITY. This Guarantee is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set tbrth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 or these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to an defect, lien or encumbrance assured against by this Guarantee. R. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. PAYMENT OF LOSS. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. SUBROGATION UPON PAYMENT OR SETTLEMENT. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assure claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not full cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. ARBITRATION. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the company in connection with its issuance of the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is 51,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of 51,000,000 shall be arbitrable only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. LIABILITY LIMITED TO THIS GUARANTEE; GUARANTEE ENTIRE CONTRACT. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at: CHICAGO TITLE INSURANCE COMPANY Claims Department Post Office Box 45023 Jacksonville, FL 32232-5023 72COG6 Chain of Title Guarantee CLTA Guarantee Form No. 6 (Revised 6!6!92) Hello