HomeMy WebLinkAbout20200306.tiffCERTIFICATE OF CONVEYANCES
STATE OF COLORADO
COUNTY OF WELD
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
The COMMONWEALTH LAND TITLE COMPANY hereby certifies that it has made a careful search of its
records, and finds the following conveyances affecting the real estate described herein since August 30, 1972,
and the most recent deed recorded prior to August 30, 1972.
LEGAL DESCRIPTION: Attached
CONVEYANCES: Attached as SCHEDULE B
The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado.
This certificate is not to be constructed as an Abstract of Title nor an opinion of Title, nor a guarantee Title and the
liability of COMMONWEALTH LAND TITLE COMPANY, is hereby limited to the fee paid for this Certificate.
In Witness Whereof, COMMONWEALTH LAND TITLE COMPANY, has caused this certificate to be signed by its
proper officer this 9T" day of AUGUST, 2018, at 11:41 AM.
Company: COMMONWEALTH LAND TITLE COMPANY
By:
Authorized Signature
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND
STIPULATIONS OF THIS GUARANTEE.
Guarantee No: CO-FCTV-IMP-27OO66-1-19-N0024572
Fidelity National Title Insurance Company
a Florida corporation, herein called the Company
GUARANTEES
ALF TCVN 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.
Fidelity National Title Insurance Company
Countersigned by:
Darren Hone
Authorized Signature
By:
XVJ'BSr
President
Secretary
27COG6 Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6/6/92)
Order No. N0024572-010-TO2-ES Guarantee No, CO-FCTV-IMP-27COO6-l- i 9-N0024572
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
following:
(a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records.
(b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in
taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (I) or (2) are shown by the records of the taxing authority or
by the public records
(c) (1) L'npatented 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 (l), (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, (I) which are created, suffered, assumed or
agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the validity or potential invalidity of any
judicial or non judicial proceeding which is within the scope and purpose of the assurances provided.
(c) The identity of any party shown or referred to in Schedule A.
(d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee.
GUARANTEE CONDITIONS AND STIPULATIONS
I. 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 arty 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 as shown in Schedule A.
2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED CLAIMANT.
An Assured shall notify the Company promptly in writing in case
knowledge shall come to an Assured hereunder of any claim of title or interest
which is adverse to the title to the estate or interest, as stated herein, and which
might cause loss or damage for which the Company may be liable by virtue of
this Guarantee. If prompt notice shall not be given to the Company, then all
liability of the Company shall terminate with regard to the 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
Assured in the defense of those causes of action which allege matters not
covered by this Guarantee.
(c) Whenever the Company shalt have brought art action or interposed a
defense as permitted by the provisions of this Guarantee, the Company may
pursue any litigation to final determination by a court of competent jurisdiction
and expressly reserves the right, in its sole discretion, to appeal from an
adverse judgment or order
(d) In all cases where this Guarantee permits the Company to prosecute
or provide for the defense of any action or proceeding; an Assured shall secure
to the Company the right to so prosecute or provide for the defense of any
action or proceeding, and all appeals therein, and permit the Company to use, at
its option, the name of such Assured for this purpose- Whenever requested by
the Company, an Assured, at the Company's expense, shall give the Company
all reasonable aid in any action or proceeding, securing evidence, obtaining
witnesses, prosecuting or defending the action or lawful act which in the
opinion of the Company may be necessary or desirable to establish the title to
the 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 [he Company to examine, inspect and copy all records, books,
ledgers, checks, correspondence and memoranda in the custody or control of a
third party, which reasonably pertain to the loss or damage. All information
designated as confidential by the Assured provided to the Company pursuant to
this Section shall not be disclosed to others unless, in the reasonable judgment
of the Company, it is necessary in the administration of the claim. Failure of -
the Assured 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.
27COO6 2 Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6/6/'92)
Order No.: N0024572-010-TO2-ES
Guarantee No.: CO-FCTV-IMP-27COG6-1-19-N0024572
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 forth in this Guarantee
and only to the extent herein described, and subject to the Exclusions From
Coverage of This Guarantee.
The liability of the Company under this Guarantee to the Assured shall
not exceed the least of:
(a) the amount of liability stated in Schedule A or in Part 2;
(b) the amount of the unpaid principal indebtedness secured by the
mortgage of an Assured mortgagee, as limited or provided under Section 6 of
these Conditions and Stipulations or as reduced under Section 9 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.
8. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged defect;
lien or encumbrance, or cures any other matter assured against by this
Guarantee in a reasonably diligent manner by any method, including litigation
and the completion of any appeals therefrom, it shall have fully performed its
obligations with respect to that matter and shall not be liable for any loss or
damage caused thereby.
(b) In the event of any litigation by the Company or with the
Company's consent, the Company shall have no liability for lass 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 $1,000,000
or less shall be arbitrated at the option of either the Company or the Assured.
All arbitrable matters when the amount of liability is in excess of $1,000,000
shall be 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:
FIDELITY NATIONAL TITLE INSURANCE COMPANY
Claims Department
Post Office Box 45023
Jacksonville, FL 32232-5023
27COG6 3 Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6/6/92)
Order No.: N0024572-010-TO2-ES Guarantee No.: CO-FCTV-IMP-27COG6-1-19-N0024572
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).
* Any and all Mortgage Guarantee Coverages shall not be in effect until such time as stated premium has been paid to the Company.
27COG6 1 Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6/6/92)
Order Na.: N0024572-010-TO2-ES
Order No.: N0024572 -010 -T02 -ES
Liability: S205.00
1. Name of Assured:
ALF TCVN LLC
2. Effective Date of Guarantee:
October 16, 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
Noel Hubert and Paula Hubert
pursuant to a Deed recorded May 4, 1942 at Reception No. 897306 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:
Deed recorded September 21, 1970 at Reception No. 1554948.
Deed recorded December 13, 1974 at Reception No. 1650253.
Deed recorded December 13, 1974 at Reception No. 1650254.
Deed recorded December 17, 1979 at Reception No. 1812104.
Deed recorded December 17, 1979 at Reception No, 1812105.
Deed recorded December 17, 1979 at Reception No. 1812106.
Deed recorded December 16, 1982 at Reception No. 1911766.
Quit Claim Deed recorded December 16, 1982 at Reception No. 1911767.
Quit Claim Deed recorded January 30, 1997 at Reception No. 2531352.
Quit Claim Deed recorded March 2, 2001 at Reception No. 2829471.
Deed recorded May 3, 2006 at Reception No. 3384344.
Quit Claim Deed recorded September 26, 2008 at Reception No. 3580596.
Special Warranty Deed recorded September 26, 2008 at Reception No. 3580599.
Special Warranty Deed recorded September 26, 2008 at Reception No. 3580602.
27C006 1 Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6/6/92)
Guarantee No.: CO-FCTV-IMP-27COG6-1-19-N0024572
SCHEDULE A
CHAIN OF TITLE GUARANTEE
Guarantee No.: CO-FCTV-IMP-27COG6-1-19-N0024572
Fee: 5205.00
Order No.: N0024572-010-TO2-ES Guarantee No.: CO-FCTV-IMP-27COG6-1-19-N0024572
SCHEDULE A
(Continued)
Special Warranty Deed recorded September 29, 2008 at Reception No. 3580625.
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.
27COG6 2 Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6/6/92)
Order No.: NO024572-010-TO2-ES Guarantee No.: CO-FCTV-IMP-27COG6-1-19-N0024572
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF GREELEY, IN THE COUNTY OF
WELD, STATE OF COLORADO, AND IS DESCRIBED AS FOLLOWS:
Lot "B" Recorded Exemption No. 1469-35-03 RE -4462, and Lot "B" Recorded Exemption No. 1469-35-03 RE -433, both in
the Official Records of the Clerk and Recorder, County of Weld, State of Colorado, lying within the West Half of Section 35,
Township 1 North, Range 67 West of the Sixth Principal Meridian, said County and State, more particularly described as
follows:
Beginning at the Southwest corner of said Section 35;
Thence along the West line of the Southwest Quarter of said Section 35, North 00°46'38" West, a distance of 2,639.81 feet to
the West Quarter corner of said Section 35, said point also being the Northwest corner of said Lot "B" Recorded Exemption
No. 1469-35-03 RE -4462;
Thence along the North line of said Southwest Quarter, along the Northerly, Westerly, and Easterly Boundary's of said last
described Lot "B" the following five (5) courses:
l) North 89°35'28" East, a distance of 738.93 feet;
2) North 00°24'32" West, a distance of 154.03 feet;
3) South 58°48'43" East, a distance of 450.99 feet to the beginning of a tangent curve concave Northeasterly having a
radius of 5,729.58 feet;
4) Southeasterly along said curve through a central angle of 02°17'09", an arc length of 228.57 feet;
5) South 00°43'19" East, a distance of 2,440.95 feet to the West Sixteenth corner of said Section 35 and Section
2, Township 1 South, Range 67 West of the Sixth Principal Meridian;
Thence along the South line of said Southwest Quarter, South 89°33'32" West, a distance of 1,316.45 feet to the Point of
Beginning.
Legal Description Prepared By:
Daniel E. Davis, PLS 38256
Colorado Licensed Professional Land Surveyor
For and on Behalf of Aztec Consultants, Inc.
300 E. Mineral Avenue, Suite 1
Littleton, CO 80122
27COO6 3 Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6/6/92)
Recorded at o'clock
0-5
Reception No.
8001(11194 PAGE 14
M. lag t 1
14
Made this ninth day of February in the
year of our Lord one thousand nine hundred and forty two , between
Loring Land & Investment Company
9. corporation duly organized and existing under and by virtue of the laws of the State of California
7f the first part, and Noel and Paula Hubert
'f the County of Weld and State of Colorado.
f the second part:
WITNESSETH, That the said party of the first part, for and in consideration of the sum of
Five thousand seven hundred and no/100 DOLLARS,
to the said party of the first part in hand paid by the said paid eS of the second part, the receipt whereof is hereby
confessed and acknowledged, bath granted, bargained, sold and conveyed, and by these presents Both grant, bargain,
sell, convey and confirm unto the said parties of the second part, their heirs, and assigns forever,.,
all of the following described lot or parcel of land, situate, lying and being in the
County of Weld and State of Colorado, to -wit:
Beginning at the southwest (SW) corner of Section thirty-five (35)
Township one (1) North, Range sixty-seven (67) West of the 6th Principal
Meridian; thence north along the west line of said Section thirty-five
(35) three thousand one and seven tenths (3001.7) feet to the intersect-
ion with the southerly right of way line of the Boulder Branch of the
Union Pacific Railroad, said right of way line being two hundred (200)
feet distant southwesterly from the center line of said railroad when
measured at right angles thereto: thence southeasterly along said right
of way line and parallel with said center line of said railroad, seven
hundred ten (710) feet tothe intersection of the east and west center
line of said Section thirty-five (35); thence east along said center line
of said Section thirty-five (35) also being the right of way line of said
railroad, two hundred ninty one and seven -tenths (291.7) feet to a point
on the southerly right of way line of said railroad which is fifty feet
distant southwesterly from the center line of said railroad when measured
at right angles thereto; thence southeasterly along said right of way
line and parallel with said center line of said railroad, four hundred
eighty seven and seven -tenths (487.7) feet to the intersection with the
east line of the west one-half (Vi) of the south-west one -quarter (SW -I)
of said Section thirty-five (35); thence south along said east line two
thousand three hundred ninty one and one -tenth (2391.1) feet to the south
line of said Section thirty-five (35); thence west along said south line
one thousand three hundred twenty (1320) feet to the point of beginning,
containing eighty-one and two tenths (81.2) Acres more or less, except
coal and other minerals reserved by any prior grantor, and also all rights
of way for ditches or pipe lines for irrigation purpose as now located
and except highways if any.
Also two shares of Farmers Highline Canal & Reservoir Company,
two (2) shares of Signal Ditch and one hundred sixty two (162) shares
of Signal Reservoir and Irrigation Company.
BUCK 1094 PAGE 15
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, and the reversion or reversions, remainders, rents, issues and profits thereof; and all the estate,
right, title, interest, claim and demand whatsoever of the said party of the first part, either in law or equity, of, in
and to the above bargained premises with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances unto the
said parties of the second part, their heirs and assigns forever. And the said
Loring Land & Investment Company party of the first part, for itself,
and its successors, doth covenant, grant, bargain,and agree to and with the said parties of the second part,
their heirs and assigns, that at the time of the ensealing and delivery of these presents it is well
seized of the premises above conveyed, as of a good, sure, perfect, absolute and indefeasible estate of inheritance, in
law, in fee simple, and bath good right, full power and lawful authority to grant, bargain sell and convey the same
in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales,
liens, taxes, assessments and incumbrances of whatever kind or nature soever;
except as hereinbefore mentioned, and excepting rights of way,
and reservatiDns and exceptions of record,
and the above bargained premises in the quiet and peaceable possession of the said part ass of the second part,
their heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole
or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, The said party of the first part hath caused its corporate name to be hereunto sub-
scribed by its President, and its corporate seal to be hereunto affixed, attested by its
Secretary, the day and year first above written.
Attest
Cam' '.1
Secretary.
STATE OF 69 ,
/ SS.
County of � � J
he foregoing instrument w s acknowledged before
19 _2. , by (J•97?.
I-
By
7
Loring Land & Investmen.t Company'
President
-
me this >' " day of
as
a corporation.
My notarial commission expires lea
Witness my hand and oeial seal.
ece..---1..-e—E1 C4/I
Notary Public.
3 _
•
Secretary of
The foregoing instrument as set forth'on the reverse- side..
hereof was acknowledged before me this 10th. day of February �I] 42'
by Grant G. Bergstreser as President of the Loring Land acid Invest
ment Company, a Corporation. w��•
Witness my hand and official seal.
Notary Public, D. C. n/
/42y f,r:,.ec� 'gk,x /S ("44
•soon 8+33
d-/
THIS DRIB Made this ' day of /.44r
1970, between UNICE PACIFIC RAILROAD COMPANY, a corporation
'of —fie State of Utah party of the first part, and BOIL
;iHUIRA?, SR.. and PAULA L. HUBCAP, husband and wife, of weld
(County, Colorado, pestles of the seeend part:
WITNRSSITTN, ?hat the said party of the first part
;for and in consideration or the sun of Two Hundred thirty-six
Dollars and Fifty Conte (1236.50) in hand paid, the receipt
whereof is hereby confessed and acknowledged, does hereby
RURSI, MUSE and QUITCLAIM to the parties of the second
past, as joint tenants sad not as tenants in common, and to
ithe survivor of them, and to their assigns, and to the heirs
(and assigns of such survivor, forever all its right, title
and interest in and to the following described real property
isituate in the County of Weld, State of Colorado, to wit:
All that part of the right of way of the abandoned
Boulder Branch of Uaipn Pacific Railroad Cy in the
Northwest Quarter (NBA) of listien 35_,_?e�sii l !birth,
Range 67 west of the Sixth Principal eridian,pweld
County, Colorado, extendingg ant72=1,T tml th t
line yytionattghe south line of slit NY�t$ p,Qaarterand �ry
saidRailroadbetween
nT �aasstt ylimo hnsst ►nstedtrack
and oper-
ated, and a line parallel. nth �, fleet southwest-
erly, measured at right �eii.' minter line
of mein track.
Also, all that part of the right of way of the
abandoned Boulder Branch of said Railroad Company in
the Northwest Quarter of the Southwest Quarter (IWtsw})
of said Seetiem 35, in Weld County, Colorado, extending
southeasterly from the north line to the east lisle or
said Northwest Quarter of the Southwest Quarter (i *SW})
and lying between the center line of the maim track of
said Railroad Cccmpamy, as formed semstrueted and oper-
ated, sad a d parsldel with aid 50 feet southwest-
erly, measured at right angles and/or radially, from
said center line of yin track.
Containing ■ total area of 4.73 acres, mere or
less.
EXCEPTING from this quitclaim and RNSIRTIBG unto the
'party of the first part, its *assessors and assiea:I, forever,
1a11. minerals and all mineral rights of every kind aid spares
Ater mew known to exist or hereafter discovered, including,
without limiting the generality of the foregoing, coal, oil
dead gas amt rights thereto together with mole, exclusive'
hand perpetual right to explore for, remove and dispose of,
1
.r. I s.,l,..
2554949
3-Y
said sisrrals by mamma or methods suitable to the party of
thi first part. its saeoessers and assips, isoludiag The
right of aeons to, sad o s of, amok parts of said described
lands, upsm or below the serfass thereof as may be emsesseri
or gormless for any,purpsse is somaestisa with exploration
for removal. storage, iispacitioa, and transportation of,
said uinorals and the deposit of tsiliado;morill together also
with the perpetual right to remove the st support from
the mines of said lands (steept each as is sseosasr' for thq
support of straot *rested thermos prier to the
time mesh r t is esaroisod)wittiest thereby iamarring any
liability whatsoever for damages so sauced.
It is expressly sadsrsteod that the oubiassat supp
pert of the premise* above described may have been tmpeirei
minisg operations heretofore carried oa beneath the surface
thereof, and the isitelaimieg of said premiums is apse soadi-
tioa that the party of the first part, its suosessers and
assigns, shall sot be liable for da>sagos resulting therefrom.
IKoasprWHIM e toyDWIer ' t of the first
has maseod Lheae present's to be s i M+�►+eM"rrooi ea
and attested by its Assi t<.. , its terperato
seal to be hereunto affilited as olay a$ year first
herein written. J' i: , '' ' !Iv
Is pregame of: UNION PACIFIC RAILROAD C0WARIT,
""�•/ 6y idea%
{ iaoal) ,
•
2
2
Comp
1554946
33
STATE OF NEBRASKA
]1
COUNTY OF DOUGLAS es.
On this day of /Wow 19 :
before me, a Notary Public in and for said County in the Sta •
aforesaid, personally. appeared 1. Q RaIith'K , to me personally
known, and to is personally known to be the ammenftermftst
of UNION PACIFIC RAILROAD COXPLNI, and to be the sass person
whoa* name is subscribed to the foregoing instrassat, and wh ,
being by me duly sworn, did say that he is seine Wer4 •
of Union Pacific Railroad Coepany;• thiOtht seal affixed to
said inatrement is the corporats'Cisi bf corporation;
and that said instrument,wiuvaigtiarieifiCW ad on behalf of
said corporation by authority of its board of directors; and
lithe said J. G. Roma..WA _ acknowledged said inatr n eat to
fre his free and voluntary act and dead, and the free and
'raluntary act and deed of said corporation, by it voluntarily
executed, for the uses specified therein.
IN WITNESS WHEREOF, I have hereunto set my hand
land official seal the day and year last above written.
My ccsmiasion expires
DECEMBER 11, 1973
r ROOK
728
Recorded at... m....„.„..... e!1��1
Reception Na.......16a"
DEC 131974
R. LEE SHENEE;, JR.
me
1
TH19 REED, Made thle 28th day of August , 19 74
'�+n betwcsn NOEL HUBERT AND PAULA HUBERT, Husband and Wife
• •s
of the
ri County of Weld and State of Colorado, of the filet part, and
iV NOEL HUBERT, JR. aka NOEL J. HUBERT, JR.
cm of the County of Weld and State of
.43
.W Colorado, of the second part:
N I
rr I
.r I WPCNESSHTN, That the maid part ieeef the filet part, for and In coaeideratlon of the cum of
FORTY EIGHT THOUSAND SEVEN HUNDRED TWENTY AND NO/100--- — -------DOLLARS
1-2. to the said pert lee of the filet part in hand paid by said party of the maeond part, the receipt whereof Is
,y hereby confessed and acknowledged, ha ve gtsnted, bargained, sold and conveyed, and by theme premeds do
o grant, bargain, cell, convey end confine, unto the said party of the eacend part, his heirs and solos far -
r? ever, all the following deecrihed lot or parcel of land, eltuate, lying and being in the
Cooney of Weld and State of Colorado, mad': See attached Schedule 81.2 acres
in the County of Weld , including 162 shares of the capitol otock of
. Signal Reservoir & Irrigation Co., together with 2.5 shares of the capitol
,_: stock of Signal Ditch Co.
j LEGAL DESCRIPTION
Slals DoctlmcniarY Fee
note DEC 13 1974
$ qyg7
a
a1
S
.-I
0
to
.-I
o i
Beginning at the Southwest corner of Section 35. Township 1 North, Range 67 West of the
6th P.1.1.; thence North along the West line of said Section 35, 3001.7 feet to the
intersection with the Southerly right of way line of the Boulder Branch of the Union
Pacific Railroad, said right of way being 200 feet distant Southwesterly from the center
line of said railroad when measured at right angles thereto; thence Southeasterly along
,said right of way line and parallel with said center line of said railroad, 710 feet to
the intersection of the East and West center line of said Section 35; thence East along
said center line of said Section 35, also being the right of way line of said railroad,
231.7 feet to a point on the Southerly right of way line of said railroad which is 50
feet distant Southwesterly from the center line of said railroad when measured at right
angles thereto; thence Southeasterly along said right of way line and parallel with
said center line of said railroad, 487.7 feet to the intersection with the East line of
the West one-half of the Southwest one-fourth of said Section 35; thence South along said
East line 2391.1 feet to the South line of said Section 35; thence West along said South
line 1320 feet to the point of beginning, Weld County, Colorado,
•
of the
County of Weld
and State of
xr-
!OOK
'x28
1650253
TOGETHER with all arid singular the hereditament' and appurtenances thereto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and romsladers, rents, issues and profits thereof, and all
the estate, right, title, interest, claim and demand whatsoever of the said pert ies of the first part, either in law
or equity, of, in and to the above bargained premises, with the heredltaraents and appurtenances.
TO HAVE AND TO HOLD the maid premises above bargained and described with the appurtenances, unto the
said part y of thepart, his heirs and soigne forever. And the said part Les of the first part,
for them selves, 'lairs, executors, and administrators, do covenant, grant, bargain, and agree to and
with the said part y of the second part, his heirs and assigns, that at the time of the =sealing and delivery
of these presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and have good right, full power and lawful authority
to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear
from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or
naturemoever. Except one-half (11) of all existing oil, gas and mineral rights,if a
reserved to 1st parties for the remainder of their lives, then to revert
to the party of the 2nd part, his heirs or assigns, and except right of ways,
easements, coal and mineral reservations, maps and sworn statements pertaining
to reservoir sites and irrigating ditches, if any, that are now o€ record
in the County of Weld, State of Colorado.
and the above bargained premises in the quiet and peaceable possession of the said part y of the second part,
his heirs and assigns against all and every person or persona lawfully debiting or to claim the whole
or any part thereof, the said parties of the first part shall and will WARRANT AND FOREVER DEFEND.
' • IN WITNESS WHEREOF, the said part lee of the first part ha ye hereunto set hand
and seal the day and year first above written.
?a, t
P(8EAL)
(SEAL)
N,B.
.•�\�ti t,}jf .,FATE or COLORADO, P BERT,
, Wife
t was acknowledged before me this g2 I` day of 44-4.1(..4.4.1.0.
..A4
-1:— V4 -...44 let c.e.A.t ,27 ,19 `2 . Witness my hand andnd official seal.
Notary Mk.
No. 932. WARRANTY Darn+ —Fur pMtopopblo Rreerd.--Brodrord Pvbl4krau Co.. 1,11-4e stoat sl'a't. Deem. Colors -71
,
roc.._
gC2 . 1 7'28 R:corded at � A�>ak M., DEC 1, 31974
Reception No J,f, } 54.,,, s.I.M.PtniR1L..0: Recorder.
Tins Dean, gads thas2Bth day efAugusC , 19 74
between NOEL HUBERT AND PAULA HUBERT, Husband and
Wife,
of the
County of Weld and State of Colorado, of the first part, and
NOEL HUBERT, JR. aka NOEL J. HUBERT, JR.
of the County of Weld and State of
Stale Dpisuatmllory Pee
Dom d$
Colorado, of the second part:
WI'1'NEssn'rH, That the saki parties of the Pint part, for and In consideration of the sum of
FIVE THOUSAND ONE HUNDRED EIGHT AND 40/100 ------------------ DOLLARS
to the maid part iee of the flat part in hand paid by said part y of the second part, the receipt whereof is
hereby confessed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey and confirm, unto the said pert y of the ascend part, his bairn and assigns for-
ever, all the following described lot or parcel of land, situate, lying and being in the
County of Weld and State of Colorado, to wit: See attached schedule 4.73 acres,
more or less, in the County of Weld
• All that part of the right of way of the abandoned Boulder Branch of
▪ Union Pacific Railroad Company in the NH of Section 35, Township I
• North, Range 67 West of the 6th P.H., WELD COUNTY, COLORADO, extending
southeasterly from the West line to the South line of said NWI and
lying between the centerline of the main track of said Railroad
Company, as formerly constructed and operated, and a line parallel
with and 200 feet southwesterly, measured at right angles, from said
center line of main track.
Also, all that'part of the right of way of the abandoned Boulder Branch
of said Railroad Company in the NWt of the SW* of said Section 35, in
WELD COUNTY, COLORADO, extending southeasterly from the North line to
the East line.of said NWi of the SWi and lying between the center line
of the main track of said Railroad Company, as formerly constructed
and operated, and a line parallel with and 50 feet southwesterly,
measured at right angles and/or radially, from said center line of
main track.
e
•
m
a
0
trr
1-0
W1TNESSETH, That the mid parties of the fire+ „�»• ••
FIVF.
0
to
a
g
0
BOOK
• 728
1650254
TOGETHER with all and singular the horeditamenta and appurtenances thereto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and ail
the estate, right, title, interest, claim and demand whatsoever of the maid parties of the first part, either in law
or equity, of, in and to the above bargained premises, with the hereditament, and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the
said part y ofth�,,[,�[�—ti,hei�pd part,his heirs and assigns forever. And the said part ies of the first part,
for them selves, rs, executors, and administrators, do covenant, grant, bargain, and agree to and
with the said part y of the second part, his heirs and assigns, that at the time of the ensealing and delivery
of these presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and ha Ve good right, full power and lawful authority
to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the came are free and clear
from all former end other grants, bargains, sales, liens, taxes, aesossments and encumbrances of whatever kind or
naturesoevonce1udiilig any existing oil, gas and for mineral rights, if any,
now of record.
and the above bargained premises in the quiet and peaceable possession of the said part y of the second part,
hie heirs and assigns against all and every person or persona lawfully claiming or to claim the whole
or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the said part ies of the first part ha ye hereunto set hand
Pit t of4i7R-
and seal the day and year first above written. ,
sit l (SEAL)
(SEAL)
Eau u e t. "ifs
,,.,•.,,.,. �a,,,,, J (SEAL)
;.•.`�Z .1 '.' Ii f `1 9IDF,.COLORADO,
i'v .:.,.. r_'';, , .••. C^� aU v of . als,,(/L
r , . ` . ' _ ant:» acknowledged before me this Z `l day of
i 31Y _ . " • : • _ ' +`, ^a, .o4,4, P,a-ui.a- * a,n t ,IUD. it. wK .4
�. ties ' '�Rrt.+.C� 144A a.7 ,19 1 . Witness my hand and official seaL
..,:
}as.
Notary Poblk.
No. 992. WARRANTY DEND —Tar PiMoeraplric Rennl.—Bradford Puhlishlai Co., tBE4.1I Stoat Strict. Dewar. OoLotad-1.75
gY
890
Tia5 IhtszN Manse this 6th day of December .1974 ,
Mamma
NOEL HUBERT, JR., also known as NOEL J. HUBERT,
JR. and SHARON J. HUBERT, husband and wife
of the county of Weld
Coiorsde, of the first part, end
ROBERT LYNN RULE and LARRY SPENCER RULE
of the County of Weld
Colorado, of the .eeond pert:
and State of
and State of
1 olotodiFr
RUNG "nue
$tale Documentary Fee
WITNEBSETH, that the old party of the fire part, for and in condderatioa of the anm of
,X,! Ten Dollars and other good and valuable considerations MX=
I.II and other 'pod and valuable considetaUom to the odd party of the first part in hand paid by the mid parties of the
f seeped pert, the rmaipt whereof in hereby oonfamed and atknowledaad, has granted, bargained, sold and meeyed,
and by these preemie dose grant, bargain, seg, emery and confirm unto the mild parties of ascend part, their
1 belts and eaaignm foresr, not In tenancy in common but in joint tenancy, all the following described lot et
pawl of land, silage, lying and being in the County of Weld and State
E of Colorado. to wit:
LEGAL DESCRIPTION
Beginning at the Southwest corner of Section 35, Township 1 North, Range 67 Went of the
6th P.M.; thence North along the West Line of said Section 35, 3001.7 feet to the
intersection with the Southerly right of way line of the Boulder Branch of the'llnion
Pacific Railroad, said right of way being 200 feet distant Southwesterly from the center
line of said railroad when measured at right angles thereto; thence Southeasterly along
said right of way line and parallel with said center line of said railroad, 710 feet to
the intersection of the East and West center line of said Section 35; thence East along
said center line of said Section 35, also being the right of way line of said railroad,
291.7 feet to a point on the Southerly right of way line of said railroad which is 50
feet distant Southwesterly from the center line of said railroad when measured at right
angles thereto; thence Southeasterly along said right of way line and parallel with
said center line of said railroad, 487.7 feet to the intersection with the East line of
the West one-half of the Southwest one-fourth of said Section 35; thence South along said
East line 2391.1 feet to the South Line of said Section 35; thence West along said South
line 1320 feet to the point of beginning, Weld County, Colorado,
EXCEPT that portion described as follows:
That part of the West one-half of Section 35, Township 1 North, Range 67 West of the
Gth P.M., Weld County, Colorado, described as:
Beginning at the Southwest corner of said Section 35; thence North 00°20'10" West on
an assumed bearing along the West line of said Section 35 a distance of 242.46 feet; thence
North 90°00'00" East parallel with the South line of said West one-half of Section 35, a
distance of 215.59 feet; thence South 00°20'10" East a distance of 242.46 feet to a point
on the South line of said West one-half of Section 35; thence South 90°00"00" West a
distance of 215.59 feet to the point of beginning.
The West 30 feet thereof is subject to County Road No. 21 R.O.W.
The South 30 feet thereof is subject to County Road No. 2 R.Q.W.
AND
All that part of the right of way of the abandoned Boulder Branch of Union Pacific
Railroad Company in the NU- of Section 35, Township 1 North, Range 67 West of the 6th
2.M., Meld County, Colorado, extending Southeasterly from the West line to the South line
of said NI:t and lying between the center line of the main tract of said Railroad Company,
as formerly constructed and operated, and a line parallel with and 200 feet Southwesterly,
measured at right angles, from said center line of main track.
Also, all that part of the right of way of the abandoned Boulder Branch of said Railroad
Company in the 1M -s of the SW' of said Section 35, in Weld County, Colorado, extending
Southeasterly from the North line to the East line of said NW's of the SW'y and lying between
the center line of the main track of said Railroad Company, as formerly constructed and
operated, and a line parallel with and 50 feet Southwesterly, measured at right angles and/or
radially, from said center line of main track, County of Weld, State of Colorado.
4i
P2 •
41;6, t. krY!! � �'1• ice`+ i4• I.. �.�. ti'! .. , �'.
TOGEr6ER with ail and singular the hereditareeele and appertenanom thereunto belonging, or hr sunrise
appertaining sad the reversion and reversions. remainder and ramainden, rents, huum and profits thereof; sad
ell the sedate, right. Otte, Interest, claim and demand whatonever of the said party of the first part either In law at
equity, of, in and to the obeys bargained premises. with the heredltaments and appurtenances.
TO HAVE AND TO HOLD the laid premises above bergelned and described, with the eppurtelanees, unto the
said parties of the second part, their heirs snd ensigns forever. And the maid party of the first part, for himself, him
heir, mocutor% and odminiatratoen, date covenant, grant, bargain and agree to and with the maid parties of the
second part, their heirs and assigns, that at the time of the annealing and delivery of these presents,* is well seised
of,lha premises above conveyed, an of good, sure. perfect, &eolute and indCeadhle estate of inbaritanee, blew, in
fee simplo, and has good right, full power and lawful authority to grant, bargain, sill and convey the mane is manner
and form aforesaid, and that the same are free end clear from all former and other grants, bargains, make, liens,
taxes oseememente and eneumbraneee of whatever kind or nature moever, except Cenral Taxes for 1974
re au aeqquent years• sub}ect to restrictions, reserV 978no and rinSlhth of way of
record era except 0th. and Con Lean@ recd dad March 5, 970 in Book 62 as re a tl1ott
no. 1543402; except an undivided �j of all existing of gas and miners`` rtghtee f r
9h5 re6aen21r Y97tthinrg11 a resaty d in Agrdgag t EEEor Sale a porchaa recorded
0 n3 , recepption no. 1554947, except oil and gars lease recorded December 29 1910 iRk6reception no. 1559662 and except all — mineral
recorded September 11, 1970 in Book 633,
ponno.1554946;
and the above bargained premieem in the quiet µd peaceable poaseselon of the said parties of the eoeond part, the
autejeor of them, their amigne and the hotel and µeises at such survivor, against ell and every psuear or person'
lawfully claiming or to dabs the whole or any part thereof, the aald party of the ffnt part shell and wig WARRANT
Mill FOREVER DEFEND. The singular number 'hall Include the plural, the plural the singular, and the use of µy
gender shall be applicable to all gendeen.
IN WITNESS WHEREOF the said party of the first part hµ hereunto set his hand and seal the day and year
first above written.
-.,
0
a
n
r.+
a
ti
I 4J
. 890 Recorded
ue Na 1d1214:i
LECTION DEED
-*Meek-.
`c
/
THIS Dim% Hide this 7th dal et July , .1177
bstwsee NOEL HUBERT, JR., also known as NOEL J. HUBERT,
JR,, and SHARON J. HUBERT, husband and wife
of the Condo at Weld
Colorado. of the first part, sad
ROBERT LYNN RULE and LARRY SPENCER RULE
and blahs a
of the County of Weld end ;hate et
Colorado, of the usond part:
IRWNa,ifrA11r
a'~pt2Q(.ihurJ t) l O,
WITNESSETH, that the said party of the first part, for and 1a ecasidsreine of the rem et
TEN DOLLARS and other good and valuable consideration VOLUME
and other good and valuable considerations to the maid party of the first pert in hand paid by the said plinths
aeeond part, the receipt whereof is hereby condoned and aekmowhdgsd, has rented, bargained, sold sad renews e4
and by these presents does grant, bargain, sell, eaeeef and eanfirr sato the sold panne of wand part, t±ntr
heirs and nelgns forever, not in tenancy In commas but 'n joint tenasey, all the following described lot er
parcel of land, situate. lying pane being in the .'minty of Vold and #fete
of Colorado. to wit:
See Exhibit "A" attached.
TOGETHER with all and singular the bereditemaate and appu:pneans Uwavato beleegbsg, K tH snywbt
appertaining end the reversion and reversions, remainder and remainders, rents, WOW and profits thereof; and
all the nixie, right. title. Interest, shim and demand whatsoever of the said panty of the Ent part, either is law as
equity, of, in and to the above bargained prembes, with the bandltansata and epport wren,„
TO HAYS AND TO HOLD the mid premhee above bargaiao and drstribsd, with the entenee s.on, sate the
said parties of the second part. their bens and imam forever, And the said party of the first pouf, for himself, his
hobs. executers, and administrators, don COMM* grant, bargain and epee to sad with Os said party§ of the
second part, their heirs and assigns, that at the time of the enameling and delivery of than presents, he is well embed
of Om premises above conveyed, as of good, sure, perfect, absolute and indefeasible mane o< Lierkuat In law, to
tee simple, and has good right, full power and [mitt authority to grant, bargain, sell end coney the nos to nea.at
and forme aforesaid, and that the same axe free and elver from aS femur and other gremte, bargains min. Dm.
taxes, aaueamaents end ens-mbrenmsof whatever bled or antis nnir.
except General Taxes for 1974 and subsequent years; subject to restric-
tions, reservations and rights of way of record and except Oil and Gas
Lease recorded March 5, 1970, in Book 62, as reception no. 1543402:
except an undivided 1/2 of all existing oil, gas and mineral rights
for the remainder of their lives as reserved in Agreement for Sale and
Purchase recorded September 21, 1970 in Book 633, reception no. 1554947,
except oil and gas lease recorded December 29, 1970, in Book 638,
reception no. 1559662 and except all mineral and mineral rights as
reserved in deed recorded September 21, 1970, in Book 633, reception
no. 1554948; and except any and all other mineral, oil and gas rights
or interests whatsoever,
and the shore bargained premises In the quiet sad pseseable poseneien of the said parties of tee seemed part. the
senhror of them, their wins and the heirs and maims of moth survivor, salmi all and eneg perms sr perms
lawfully claiming or to claim the whole or say mart thereof. the said patty of 'begin* mete AA sea wi i WAIDANT
AND T'OR VEI DOPEND. The singular number shell Jaelads the plural. the plural the impair, wad the sae of aq
gender shall be applicable to all ganders.
IN WITNESS
fine above ��1VHEREOp' the said party of the first part has hereosio est his head and sari the &rand peer
NOEL ��HUB ERTJ M aisle known as [ilv>ir7
4r+.F' .±.F.:l .� r' LN}
NO j ,T Hop JR. red
SHARON J. HUBERT, husband and wife
.i.n . Conq► of
emt was sahmowladRed before me this 17:h
The ' der et C-�,!><� � a � '? 7
g''rs h" :,,,JR., also known as NOEL J. HUBERT, JR. and SHARON J. HUBERT,
yife.
17/4.: =
-0 . 11 ' 7 . ti►Itaees try head eel eitidal aw.
r
'• y�:,� ', �Y
S-9it41gilemstjaistikartsprremeitaterzesatetente
nI 14 I .A43t. DECD — To Joint Tenant'
milt. t w�
s
EXHIBIT "A"
+e
•
.4t
1812105
3.2
Beginning at the Southwest corner of Section 35, Township 1 North, Range 67 West of the
6th P.M.; Cheney North along the Wont line of said Section 35, 3001.7 feet to the
intersection with the Southerly right of way line of the Boulder Branch of the Union
Pacific Railroad, said right of way being 200 feet distant Southwesterly from the center
1lan of said railroad when measured at right angles thereto; thence Southwesterly along
rlp;ht of way line and parallel with said center line of said railroad, 710 feet to
the intersection -of the East and West center line of said Section 35; thence Past along
said center line of Bald Section 35. oleo being the right of way line of eaid railroad,
29 1. 7 feet to a point on the Southerly right of way line of said railroad which is 50
feet distant Southwesterly from the center line of said railroad when measured at right
angles thereto; thence Southwesterly along said right of way line and parallel with
said center line of said railroad, 487.7 feet to the intersection with the East line of
the West one-half of the Southwest one-fourth of said Section 35; thence South along said
East line 2391.1 feet to the South fine of sold Section 35; thence West along said South
line 1320 feet to the point of beginning, Weld County, Colorado,
EXCEPT that portion described as follows;
That part of the West one-half of Section 35, Township 1 North, Range 67 West of the
6th P.M., Weld County, Colorado, described as;
Beginning at the Southwest corner of said Section 35; thence North 00°20'10" West on
an -assumed bearing along the West line of said Section 35 a distance of 242.46 feet; thence
North 90°00'00" East parallel with the South line of said Went one-half of Section 35, a
distance of 215.59 feet; thence South 00°20'10" East a distance of 242.46 feet to a point
on the South line of said West cute -half of Section 35; thence South 90°00'00" Weat a
distance of 215.59 feet to the point of beginning
The West 30 feet thereof is subject to County Road No. 21 R.O.W.
The South 30 feet thereof is subject to County Road No. 2 R.O.W.
AND
All that part of the right of way of the abandoned Boulder Branch of Union Pacific
Railroad Company in the NWI of Section 35. Township 1 North, Range 67 West of the 6th
P.M., Weld County, Colorado, extending Southeasterly from the West line to the South line
of said NW't and lying between the center line of the main tract of said Railroad Company,
as formerly constructed and operated, and a line parallel with and 200 feet Southwesterly,
measured at right angles, from said center line of main truck.
Also, all that part of the right of way of the abandoned Boulder Branch of said Railroad
Company in the NW!t of the uw of sold Section 35, in Weld County, Colorado, extending
Southeasterly from the North Line to the East line of said NN1t of the SW1t and lying between
the center line of the main track of said Railroad Company, as formerly constructed and
operated, and a line parallel with and 50 feet Southwesterly, measured at right angles and/or
radially, from said center line of main track, County of Weld, State of Colorado.
v*r
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MILO Meek, Made this 17th clay December 19 79 , between
ROBERT LYNN RULE and LARRY SPENCER RULE
of County of Weld , and State of Colorado, of the first part, and
RULE BROTHERS PARTNERSHIP
aI County of Weld , and State of Colorado, of the second part:
WITNESSETH, Thai the sold parties of the that part, for and in conelderatton of the sum of
TEN AND NO/100 AND OTHER VALUABLE CONSIDERATION * * * * * * * * * * * * * * * *DOLLARS
to the said part lee of the Brel part In hand paid by the said parties of the second part, the receipt
whereof is hereby confessed and acknowledged, ho ve granted, bargained, sold and conveyed, and by those
presents do grant bargain, sell, convey and confirm unto the said part lee of the second part,
their heirs and assigns forever, all the following described lot or parcel of land, situate,
lying and being in the County of Weld and Stale of Colorado, lirwit:
TOGETHER with all and singular the heredltarr.ente and appurtenances [hereunto belonging, or In anywise
appertaining, and the reversion and reversions, remainder and remainder', rents, issues and profits thereof; and
all the estate, right, title, interest, claim and demand whatsoever of the said pmt les of the first part, either
in law et equity, of, in and to the above bargained premises, with the hereditament" and appurtenances.
TO HAVE AND TO HOLD the sold premises above bargained and described, with the appurtenances, unto
sold pan lee of the second part their heirs and °soigne forever. And the said
part ies of the first port, for their heirs, executors and administrators, do covenant, grant,
bargal% and agree to and with the said part ion of the second part, their heirs and assigns, that at
the time of the ensealing and delivery of these presents they arevell seized of the premises above conveyed, as
of good sure perfect absolute and indefeasible estate at inherltance, in law, In lee simple, and have good right,
full power and lawful authority to grant, bargain, sell and convey the BOMB in manner and form aforesaid, and
that the same are free and clear from all former and other grants bargains, sales, liens, lases, assessments and
Incumbrances of whatever kind or nature soever:
and the above premises, in the quiet and peaceable possession of the said port ies of the second port their
helm and assigns' againet all and every Person or persons lawfully claiming or to claim the whole or any Pori
thereof, the said part lee of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, The said part ies ci the first part have hereunto set their
hand s and seal the day and year first above written.
(BEMs
STATE OF COLORADO, The foregoing instrument was acknowledged before me this .......7 fh _,_. , day of
cc' necember 79 LARRY SPENCER RULE AND ROBERT LYNN RULE
county et Weld 19- , oy
WITNESS my hand and Official Seal.
My Commission Expires ... /'/'-.
Beginning at the Southwest corner of Section 35, Township 1 North, Range 67 West of the
6th P.M.;
thence North along the West line of said Section 35, 3101.7 feet to the intersection
with the southerly right of way line of the Boulder Branch of the Union Pacific Railroad,
said right of way being 200 feet distant southwesterly from the center line of said railroad
when measured at right angles thereto;
thence southeasterly along said right of way line and parallel with said center line of
said railroad, 710 feet to the intersection of the east and west center line of said Section
35;
thence Fast along said tenter line of said Section 35 also being the tight of way line of
said railroad, 291.7 feet to a point on the southerly right of way line of said railroad —0'
which ie 50 feet distant southwesterly from the center line of said railroad when measured
at right angles thereto;,
thence southeasterly along said right of way line and parallel with said center line of
said railroad, 487.7 feet to the intersection with the East line of the Wt5 of the Silk of
said Section 35;
thence South along said East line 2391.1 feet to the South line of said Section 35;
thence West along said South line 1320 feet to the POINT OF BEGINNING,
EXCEPT that portion described as follows:
That part of the WC. of Section 35, Township l North, Range 67 West of the 6th P.M.,
Weld County, Colorado, described as:
Beginning at the Southwest corner of said Section 35; thence North 00°20'10" West on
an assumed bearing along the West line of said Section 15 o distance of 242,46 feet;
thence North 90°00'00" East parallel with the South line of said W!i of Section 35,
a distance of 215.59 feet; thence South 00°20'10" Eaat a distance of 242.46 feet to a
point on the South line of said Wtj of Section 35; thence South 90°O0'00"i West a distance
Of 215.59 feet to the POINT OF BEGINNING.
All that part of the right of way of the abandoned Boulder Branch of Onion Pacific
Railroad Company in the NWk of Section 35, Township 1 North, Range 67 West of the 6th
P.M., Weld County, Colorado, extending southeasterly from the West line to the South
line of said NW5 and lying between the center line of the main track of said Railroad
Company, as formerly constructed and operated, and a line parallel with and 200 feet
southwesterly, measured at right angles, from said center line of main track.
Alec., all that part of the right of way of the abandoned Boulder Branch of said
Railroad Company in the NWly of the SWk of said Section 35, in WELD COUNTY, COLORADO.
extending southeasterly from the North line to the East line of said N114 of the Silk
and lying between the center line of the main track of said Railroad Company, as
formerly constructed and operated, and a line parallel with and 50 feet southwesterly,
measured at right angles and/or radially, from said renter line of main track.
TOGETHER with 162 shares of the capital Stock of the Signal Reservoir and Irrigation
Company, and together with 2.5 shares of the rnplta3 stork of iii.• Signal Oltch Company.
AR1911766
I�
>teomW _ .. --
D 09134 f{CC 01911766 12/16/02 16:51 $.1.00 1/001
F 1451 MARY ANN I'E'u1Flt li l h CLERK h RECORDER With CO, CO
tails P Meditate 16th darer
year flew Lied owe LLwuad nfae bun4r.d and eighty-two , betwosa
NOBL HUBERT, JR. a/k/a NOEL J. HUBERT, JR.
12290 Harrison Place, Thornton, CO
Comayed Adams
, ..d su
RULE BR01'EIERS, a Partnership
600 Weld Co. Rd. 21, Brighton, CO 80601
oldie Coti' of Weld , end Mats of �y h1LRSRTN, T;tat the sold n could al WI the a gute
$10. t]U'-=-- D� Y d the Ent part. kw and in eowaMipotlow of the � �
_Ten Dollars and other good and valuable consideration DOLLARS.
hereby confined and u f the
first part la lead paid iw the said part lea of the second put, the receipt whereof le
1edged, has gated, heepale$. sold and coay.yed, and by these presents do hereby
rant, krpi., sell, convey aad confirm lab the said put y rd the second pert, their Mfrs and satdyais
forayer, air the Ioltorias described lot or parcel of had, slim* bias and being is the Can't! of Weld
lad Rata at Cdonde. to -wit:
Lot B of Recorded Exemption No. 1469-35-3-RE433, recorded December 19, 1979, in
Book 890 as Reception No. 1812435, being more particulary described as follows:
That part of the W1 of Section 35, Township 1 North, Range 67 West of the 6th P.M.
Weld County, Colorado, described as: Beginning at the Southwest corner of said
Section 35; thence N00°20'l0" W, on an assumed bearing along the Weat line of said
Section 35 a distance of 242.46 feet; thence N90°00'00" E, parallel with the South
line of said W'/2 of Section 35, a distance of 215.59 feet; thence S00°20'10" E, a
distance of 242.46 feet to a point on the South line of said Wii of Section 35;
thence S90°00'00" W, a distance of 215.59 feet to the Point of Beginning. The West
30 feet thereof is subject to a County Road No. 21 R.0.W. The South 30 feet therc)f
is subject to County Road No. 2 R.0,W.; except any and all mineral, oil and gas
rights or interests whatsoever.
December laths
State Doturupr to v el r
Date4... .t.-
.,2.1.7......._.._.
TOGETHER with all and singular the hereditament' and appurteaancer *hereunto belonging, or w a.y-
wise appertaining, and the rereraan and reunions, reataiader and remainders, realm, haute and profits thereof; and
all the estate, right. title, interest, claim and demand whatsoever of the said part y of the first part either in law
re equity, ni, in and to the above bargained premises, with the hrredltamenta and appumeaances.
TO HAVE AND TO HOLD I'm mid premise; above bargained and deacrlbed, with appurtena.w, unto
the acid put y of the second part, their helms and midgets forever. And the said part y of the lint
pert, for himself, his heirs, executors and administrators, do corm:mat, gnat, b,rgsin and agree
• let sad with the mid part y of the second part, their hrtrr sad ass
reads! and delivery of these presents his is 4ati 1eyt conveyed. the Woe , tea e -
feet. absolute aad indefeasible estate of inheritaaet, is laiw. in fee ,has premier abs t odight,m of rood, sod
lawful
aotbaritv to grant. barpie. oafd rehstood that fall power sad lawful
bargain, sell and coa+ey the ;amt f. maser and form aforesaid, and the agate are free
sad clear from all former and other grants, barplas, Mite, Geri, saxes, asaesamenlm lad ineembnarea of whatever
'' hind a fern,, aoe►e. except restrictions, reservations, rights -of -way, leases,
agreements for Sale and Purchase of Record.
add the oboes premises, In the quiet and peaceable porseuion of the said part les of the second part, its
heirs and assigns, against all and every person or persona lawfully claiming or to claim the whole or any part
thereof, the mid part y of the first put shall and will WARRANT AND FOREVER DEFEND,
IN WITNESS WHEREOF, The said part y of the first pan ha hereunto let his hied .ad
seal the day and year first above written.
Signed, Sealed and Delivered in the Presence of
NO-O▪ I-HU rt rF ;-(SEAL)
(SEAT.)
Noel J. ubert, Jr.
• .•-.._(SEAL)
ST tQ 6!;ClRJIDO, lea.
µ The foregoing of 55ta1d:, f instrument was acknowledged before me this ...,.16 ....,_ day of
�� = December -� g2 Noel Huber
•,,,V3TA 7. , -..w........_..... ...-. 111-.--.., by -.._.�._....._.._ttJr., a/k/a
o-�o-�
%Vt 1.IiNt!it. Official Scal. ▪ -^ _— ...__ ..__...._.. ..
127- 2nd "Cxee
WARRANTY DEEM
-Pobli
191176'7
iN F Vrn.CLAJM D®
NNW. *TIMM, GRIMLY, COWAAPO
Lot A of Recorded Exemption No. 1469-35-3-RE433, retarded December 19, 1979
in Book 890 as Reception No. 1812435, being more particularly described as follows:
That part of the W1/2 of Section 35, Township 1 North, Range 67 West of the 6th P.M.,
Weld County, Colorado, described as: Beginning at the Southwest corner said Section
35; thence NOO°20'10"W, on an assumed bearing along the West line said Section 35
a distance of 3250.81 feet to the intersection of the centerline of the Union Pacific
Railroad Company right of way (Boulder Branch), described in Book 633, Reception No.
1554948, Weld County records; thence S5B°22'15"E, along said centerline a distance
of 1323.10 feet to the beginning of a curve to the left, the delta of said curve
is 02°17'25", the radius of said curve is 5729.58 feet, the chord of said curve
bears 559°30'56"E, 229.01 feet; thence along the arc of said curve and said centerline
a distance of 229.03 feet to the intersection of the east line of the W1/2 SW1/4
said Section 35; thence S00°16'18"E, along said East line a distance of 2440.73 feet
to the Southeast corner said W1/2 5W1/4; thence S90°00'00"W, along the South line
said WI/2 SW1/4 a distance of 1316.45 feet to the Point of Beginning. Except that
portion described as follows: That part of the W1/2 of Section 35, Township 1 North,
Range 67 West of the 6th P.M., Weld County, Colorado, described as:
Beginning at the Southwest corner of said Section 35; thence NOO°20'10"W, on an
assumed bearing along the West line of said Section 35 a distance of 242.46 feet;
thence N90°00'00"E, parallel with the South line of said W1/2 of Section 35, a
distance of 215.59 feet; thence S00°20'10"E, a distance of 242.46 feet to a point
on the South line of said W1/2 of Section 35; thence S90°00'00"W, a distance of 215.59
feet to the Point of Beginning.
Together with 162 shares of the capital stock of Signal Reservoir end Irrigation Company,
and together with 2.5 shares of the capital stock of the Signal Ditch Company.
TO HAVE AND TO HOLD THE SAME, Together with all and singular the appurtenances and privileges
thereunto belonging or in anywise thereunto appertaining, and ull the estate, right. title, Interest and claim
whatsoever, of the said port iesaf the first part, either In law or equity, to the only proper use, benefit and
behool of the said port tee of the second poidtheilissirs and assigns forever.
IN WITNESS WHEREOF. The said part iesof the first part has hereunto set their hanrb
and seal s the day and year first above written.
Signed, Sealed and Delivered in the Presence of
RULE BROTHERS PARTNERSHIP
ey:,-,?7,../R,a
Robert L. Rule,- �P tner
t aS,7`�
Larry Rule Partner
(Seal)
. (Seal)
. Beal)
. (Seal)
Reception No,
QUIT - CLAIM DEED
To
Filed for Record at o'clock
M. A.D. 19
Clerk and Recorder
City of Greeley of the County al
THIS DEED, Made this 16th day olDecember
In the year ci our Lord one Iharsund nine hundreri and eighty-two
SETWIXN
RULE BROTHERS PARTNERSHIP
City of Greeley of the County cd Weld
and Stale of Colorado, of the first pail, and
600 Weld Co. Rd 21
RULE BROTHERS, a partnership Brighton, CO 80601
Weld and Slate vl Co cutdo, o} the second purl,
-a•-o
WITNESSETIL That the said port las of the first port, for and in consideration of the sum of
Ten and 00/100ths DOLLARS. v
M. 4-7
to IhE said port ieg( the first part In hand paid by the sold port iesbl the second part, the receipt whereof K c
Is hereby conieesed and acknowledged, ho ve remised, sold, conveyed and QUIT CLAIM, and by these z a
presents do remise, release, sell, convey and QUIT.CLFd M onto the said port Leo of the second part, their
�-I
belts and assigns forever, sill the right, title, Interest, choirs rind demand which the said port ie 4 the first C
part ha vein and to the following described situcne. lying and being in ther
County of Weld and State of Colorado, to -wit:
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STATE OF COLORADO, ]
County of Weld r so.
} I ... -RuGEr ChT.1aCon...... ...
in and for said County, in the State aforesaid, do hereby certify that __ ....... ..............
. RROBERT L. RULE and LARRY S. RULE,partners of RULE BROTHERS PARTNERSHIP
personally known to me an the, person a---.. whose name s --rue....--- .....
subscribed to the annexed Deed,
appeared before me this day in person and acknowledged that .....they
signed, sealed and dotivered the said instrument of writing as __ their
tree and voluntary act, for the uses and ur p posse therein set forth.
Given under my name and ....-mY...._.... seal, this 1.6th_ day of Decemher
My comrnlsslon aspires ._
corded at o'clock M.
(552
:eption No.
2531352 8-1589 P-636 01/30/1997 03:16P PG 1 OF 2 REC DOC
Weld County CO JA Suki Tsukamoto Clerk & Recorder 11.00
QUITCLAIM DEED
THIS DEED, made this 29 day of
between
January
RULE BROTHERS PARTNERSHIP
of the 'County of
Colorado, grantor(s), and
WELD
LARRY SPENCER RULE AND CONNIE LOU RULE
whose legal address is
of the
600 WELD COUNTY ROAD 21
BRIGHTON, CO 80601
County of WELD
,19 97 .
and State of
7
and State of Colorado, grantee(s),
WITNESS. that the grantor(s), for and in consideration of the sum of TEN AND ND/100 AND OTHER VALUABLE
CONSIDERAIION********* Dollars
the receipt and sufficiency of which is hereby acknowledged, ha Ve remised. released, sold and QUITCLAIMED. and by these
presents do remise, release. sell and QUITCLAIM unto the grantee{s), heirs. successors and assigns forever, all
the right, title, interest, claim and demand which the grantor(s) ha ye in and to the real property, together with improvements. if any,
situate. lying and being in the County of WELD and State of Colorado,
described as follows:
SEE ATTACHED LEGAL DESCRIPTION
also known by street and number as:
assessor's schedule or parcel number:
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and pmtteges thereunto belonging, or in anywise
thereunto appertaining, and all the estate, right. title, interest and claim whatsoever of the i
grantor(s), either in law or equity, to the only
proper use, benefit and behoof of the grantees) heirs and assigns forever.
IN WITNESS WHEREOF, the grantor(s) have executed this deed on the date set forth above.
STATE OF COLORADO.
Crum, of Jefferson
(izo
The foregoing instrument was acknowledged before me this 29th
by Larry Spencer Rule and RologV L. Rule
'Irin Denser. insert "Cry nedr
W- : J- • Dl•
6 J 4
res
• O4;• .... and Address of Person Cresting Neu4- Crested Levi Description It 35.35•Io6-S. CRS -7
day of
January
,, on rr r,,,o, `'�r
Witness my hand and official seal.
' s C�Mycommission,grpires: April 10, 1998
h
v o"6 ti ("A.47/C/fr
,19 47 ,
Notary Ndie
No. 933. Rev. 4-94. QUITCLAIM DEED
Bradford Publishing 1741 Wens St-. Dens. CO 80202 — {3031 292-250C — 8-96
X890
01212.;
2531352 B-1589 P-636 01/30/1997 03:16P PG 2 OF 2
LEGAL DESCRIPTION
PARCEL 1:
Beginning at the Southwest corner of Section 35, Township I North, Range 67 West of the
6th P.M.;
thence North along the West line of said Section 35, 3001.7 feet to the intersection
with the southerly right of way. line of the Boulder Branch of the Union Pacific Railroad,
said right of way being 200 feet distant southwesterly from the center line of said railroad
when measured at right angles thereto:
thence southeasterly along said ric;I.t of way lino :;nd parallel with said center line of
said railroad, 710 feet to the intersection of the east and west center line of said. Section
35;
thence East along said center line of said Section 35 also being the right of way line of
said railroad, 291.7 feet to a point on the southerly right of way line of said railroad
which is 50 feet distant southwesterly from the neuter lino of said railroad when measured
at right angles thereto;
thence southeasterly along said right of way line and parallel with said center line of
said railroad, 487.7 feet to the intersection with the Fast line of the W'a of the SW, of
said Section 35;
thence South along said East line 2391.1 feet to the South line of said Section 35;
thence West along said South line 132!1 feet to the POTNT OF BEGINNING,
EXCEPT that portion described as follows:
That part of the W1 of Section 35, Township I North, Range 67 West of the 6th P.M.,
Weld County, Colorado, described as:
Beginning at the Southwest corner of said Section 35; thence North 00°20'10" West on
an assumed bearing along the West line of catd Section 35 a distance of 242.46 feet;
thence North 90°00'00" East parallel with the South line of said 16 of Section 35,
a distance of 215.59 feet; thence South 00°20'/0" Fast .a distance of 242.46 feet to a
point on the South line of said Wla of Section 35; thence South "90°00'00" West a distance
of 215.59 feet to the POINT OF BEGINNING.
PARCEL 2:
All that part of the right of way of the abandoned Boulder Branch of Union Pacific
Railroad Company in the NW1t of Section 35, Township i North, Range 67 West of the 6th
P.M., Weld County, Colorado, extending southeasterly from the West line to the South
line of said NWi and lying between the center line of the [Hain track of said Railroad
Company, as formerly constructed and operated, and a line parallel with and 200 feet
southwesterly, measured at right angles, from said center line of main track.
Also, all that part of the right of way of the abandoned Boulder Branch of said
Railroad Company in the NWit of the SW's, of said Section 35, in WELD COUNTY, COLORADO,
extending southeasterly from the North line to the East line of said NW1 of the SW'y
and lying between the center line of the main track of said Railroad Company, as
formerly constructed and operated, and a line parallel with and 50 feet southwesterly,
measured at right angles and/or radially, from said renter line of main track.
TOGETHER with 162 shares of the capital stock of the Signal Reservoir and irrIgatinn
company. and tnt;ethrr with 2.5 aharer; of the r:tpltal stuck of the Signal Ditch Company.
111111110111111111III II11111I 11111111111111111III !III
2829471 03/02/2001 01:55P JA Suk1 Teukamoto
1 of 1 R 5.00 D 0,00 Weld County CO
QUIT CLAIM DEED
&171
I THIS DEED, Made this day of /tire /
1.between
I
•
Rule Brothers Partnership
of the 'County of Weld and State of
Colorado. gruntor(s). and
Larry Spencer Rule and Connie Lou Rule
whose legal address is
of the
600 WCR 21
Brighton, CO S0601
County of Weld
Recorder.
and State of Colorado. grantee(s).
WITNESSETH, That the grantor(s), for arid in consideration of the sum of Ten and no/100 and other valuable
Considerations ***********DOLLARS
the receipt and sufficiency of which is hereby acknowledged, ha ve remised, released, sold and QUIT CLAIMED, and by
these presents do remise, release, sell and QUIT CLAIM unto the grantee(s), heirs, successors and assigns, '
forever, all the right, title, interest, claim and demand which the grantorfs) ha vein and to the real property, together with '
improvements, if any. situate, lying and being in the County of Weld and State of .
Colorado, described as follows: i
That part of the W 1/2 of Section 35, Township 1 North, Range 67 West of
the 6th P.K., Weld County, Colorado, described as follows:
Beginning at the Southwest corner of said Section 35; thence North 00°20'10"
West on an assumed bearing along the West line of said Section 35 a distance
of 242.46 feet; thence North 90°00'00" East parallel with the South line of
said W 1/2 of Section 35, a distance of 2L5.59 feet; thence South 00°20'10"
East a distance of 242.46 feet to a point on the South line of said W 1/2 of
Section 35; thence South 90°00'00" West a distance of 215.59 feet to the
POINT OF BEGINNING.
also known by street and number as:
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in
anywise thereunto appertaining, and all the estate, right. title. merest and claim whatsoever, of the grantor ts), either in law or equity. to
the only proper use, benefit and hehoof of the grantee(s), heirs and assigns forever.
IN WITNESS WHEREOF. The grantortrl ha executed :hi-, deed on the date set forth whore.
STATE OF COLORADO.
55.
County of Weld �, �.
The foregoing instrument was acknowledged before me this Y day of ,. _� ,��rr �,��' Gs ' • 1d• •:
by Larry Spencer Rule and Robert L. Rules, : d,
My commission expires /A_ /if' L`_.3 , 19 Witness my hand and official seal. I.? F -'
7,CWe
,rotary H,°la
If in Denver, insert "City and
c-nt,t1<.
No. 933, Rev. 4.91. QUIT Cr,AIM DEED
Bradford ruhl ishi net 1743 wares Si. prmer" CO 50201 — t }0?1 252.25(V) — 5.51
1111111 111111111111111 IIIII 111111111111 III IIIII 1111 IIII
3384344 05/03/2008 10:51A Weld County, CO
II 1 of 3 R 16.00 D 0.00 Steve Moreno Clerk & Recorder
if
il9 70 , between UNION PACIFIC RAILROAD COMPANY, a corporation
THIS DEED, Made this ,z777' day of A,, G o $ r
of the State of Utah, party of the first part, and LARRY L.
PRUL.E, an individual, of Weld County, Colorado, party of the
second part:
WITNESSETH, That the said party of the first part,
;ffo:- and in consideration of the sum of Four Hundred Fifteen
;iDo:Llars and Fifty Cents ($415.50) in hand paid, the receipt
whereof is hereby confessed and acknowledged, does hereby
'PREMISE, RELEASE and QUITCLAIM to the party of the second part,
!:•and unto his heirs and assigns, forever, all its right, title
sand interest in and to the following described real
roerty
Isituate in the County of Weld, State of Colorado, top wit:
All that part of the right of way of the abandoned
Boulder Branch of Union Pacific Railroad Company in the
Southwest Quarter (SW*) of Section 35, Township 1 North,
Range 67 West of the Sixth Principal Meridian, Weld
County, Colorado, extending southeasterly from the
north line to the east line of said Southwest Quarter
(SWk) and lying between the center line of the main
track of said Railroad Company, as formerly constructed
and operated, and a line parallel with and 50 feet north-
easterly, measured at right angles and/or radially, from
said center line of main track.
Also, all that part of the right of way of the
abandoned Boulder Branch of said Railroad Company in
the Northwest Quarter O4) of said Section 35, in Weld
County, Colorado, extending southeasterly from the west
Line to the south line of said Northwest Quarter (NWT)
and lying between the center line of the main track of
said Railroad Company, as formerly constructed and oper-
ated, and a line parallel with and 200 feet northeast-
€rly, measured at right angles and/or radially, from
said center line of main track.
Containing a total area of 8.31 acres, more or
less.
EXCEPTING from this quitclaim and RESERVING unto th
party of the first part, its successors and assigns, forever,
all minerals and all mineral rights of every kind and charac-
ter now known to exist or hereafter discovered, including,
without limiting the generality of the foregoing, coal, oil
lland gas and rights thereto, together with the sole, exclusive
and perpetual right to explore for, remove and dispose of,
said minerals by any means or methods suitable to the party o'
:the first part, its successors and assigns, including the
Iright of access to, and use of, such parts of said described
]lands, upon or below the surface thereof, as may be necessary,'
1
1111111 11111 11111 11111 11111 11111111111111111111 liii Jill
3384344 05103/2006 10:51A Weld County, CO
2 of 3 R 16.00 D 0.00 Steve Moreno Clerk & Recorder
or convenient for any purpose in connection with exploration
for, removal, storage, disposition, and transportation of,
said minerals and the deposit of tailings; and together also;
with the perpetual right to remove the subjacent support from
the surface of said lands (except such as is necessary for the
support of permanent structures erected thereon prior to the
time such right is exercised) without thereby incurring any
liability whatsoever for damages so caused.
It is expressly understood that the subjacent sup-
port of the premises above described may have been impaired by]
mining operations heretofore carried on beneath the surface
thereof, and the quitclaiming of said premises is upon condi-
tion that the party of the first part, its successors and
assigns, shall not be liable for damages resulting therefrom.
IN WITNESS WHEREOF, the said party of the first part
has caused these presents to be signed by itswwwthovK4President
and attested by its Assistant Secretary, and its corporate
seal to be hereunto affixed as of the day and year first
'herein written.
;In Presence of: ef:'.:,, UNION PACIFIC RAILROAD COMPANY,
', :'; i LAULI lfe President
'Attest:
ss tant S
2
111111111111 1101111111111111111111111 III 11111 'III III'
3384344 05/03/2406 10:51A Weld County, Co
3 of 3 R 16.00 D 0.00 Steve Moreno Clerk & Recorder
Comp.
t
STATE OF NEBRASKA
DOUGLAS
COUNTY OF ss.
)
Comp.
:be his free and voluntary act and deed, and the free and
voluntary act and deed of said corporation, by it voluntarily+
eexecuted, for the uses specified therein.
{
I. IN WITNESS WHEREOF, I have hereunto set my hand
land official seal the day and year last above written.
H
On this 29r"
day of _z_.,„_,.,...7.--__________,
� 19701,
[before me, a Notary Public in and for said County in the Stale
aforesaid, personally appeared r. C. Kthtr,CK , to me
personally
'known, and to me personally known to be the
Executive ViCa Frn iu.:nt
iof UNION PACIFIC RAILROAD COMPANY, and to be the same person
whose name is subscribed to the foregoing instrument, and
whO,
being by me duly sworn, did say that he is Ex
ecuthe Vice Fre ;c; nc i
, r
Hof Union Pacific Railroad Company; that th
e seal affixed to
:said instrument is the corporate seal of said corporation;
I
land that said instrument was signed and sealed on behalf of I
said corporation by authority of its board of directors; ani
the said J. c. e1c(ncr,C:K acknowledged said instrument t
cl
My commission expires DECEM2 ,R 11, 1973
it
r.
r
•
j�go;..FZlr-.OMAHA N1=BRA-ii.h�
ai 'a:14.11 ''.�'�=
�' ? • " 5.
Notary Public
eRecorded in Weld County, CO Doc Id: 3580596
09/26/2008 04:49 P Receipt#: 7379214
Page: 1 of 2 Total Fee: $11.00
Steve Moreno, Clerk and Recorder
��,1 QUITCLAIM DEED*"
THIS DEED, dated i [' �C�'T,..-9-5.09-411"%", between RULE FEEDLOT, INC., A COLORADO
CORPORATION of the Co my of Weld and State of Colorado, grantor(s) and LARRY RULE whose legal
address is 772 County Road 21, Brighton, CO 80603 of the County of Weld and State of Colorado
grantee(s), *(Vrwzi+,enu..tti.etarxLAVJbtrcc rectu.fea.
WITNESS, that the grantor(s), for and in consideration of the sum of TEN AND 00)100 DOLLARS ($
10.00) , the receipt and sufficiency of which is hereby acknowledged has/had remised, released, sold and
QUITCLAIMED, and by these presents dodoes remise, release, sell and QUITCLAIM unto the grantee(s),
his/her/their/its heirs, successors and assigns forever, all the right, title, interest, claim and demand which
the grantor(s) has/have in and to the real property, together with improvements, if any situate, lying and
being in the County of Weld and State of Colorado, described as follows:
PARCEL SEVEN:
ALL THAT PART OF THE RIGHT OF WAY OF THE ABANDONED BOULDER BRANCH OF UNION
PACIFIC RAILROAD COMPANY IN THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 1 NORTH,
RANGE 67 WEST OF THE SIXTH P.M., EXTENDING SOUTHEASTERLY FROM THE NORTH LINE TO
THE EAST LINE OF SAID SOUTHWEST QUARTER AND LYING BETWEEN THE CENTER LINE OF
THE MAIN TRACK OF SAID RAILROAD COMPANY, AS FORMERLY CONSTRUCTED AND
OPERATED, AND A LINE PARALLEL WITH AND 50 FEET NORTHEASTERLY, MEASURED AT RIGHT
ANGLES AND/OR RADIALLY FROM SAID CENTER LINE OF MAIN TRACK;
ALSO, ALL THAT PART OF THE RIGHT OF WAY OF THE ABANDONED BOULDER BRANCH OF SAID
RAILROAD COMPANY IN THE NORTHWEST 1/4 OF SAID SECTION 35, EXTENDING
SOUTHEASTERLY FROM THE WEST LINE TO THE SOUTH LINE OF SAID NORTHWEST 1/4 AND
LYING BETWEEN THE CENTER LINE OF THE MAIN TRACK OF SAID RAILROAD COMPANY, AS
FORMERLY CONSTRUCTED AND OPERATED, AND A LINE PARALLEL WITH AND 200 FEET
NORTHEASTERLY, MEASURED AT RIGHT ANGLES AND/OR RADIALLY, FROM SAID CENTER LINE
OF MAIN TRACK.
COUNTY OF WELD,
STATE OF COLORADO.
PARCEL EIGHT:
ALL THAT PART OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION THIRTY-FIVE (35),
TOWNSHIP ONE (1) NORTH, RANGE SIXTY-SEVEN (67) WEST OF THE 6TH P.M. LYING NORTH OF
THE RIGHT-OF-WAY OF THE UNION PACIFIC RAILROAD COMPANY,
COUNTY OF WELD,
STATE OF COLORADO.
also known by street and number as: Vacant Land - Parcels 7 & 8, Brighton, CO 80603
assessor's schedule or parcel number.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges
thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim
whatsoever of the grantor(s), either in law or equity, to the only proper use, benefit and behoof of the
grantee(s) his/her/their/its heirs and assigns forever.
IN WITNESS WHEREOF, the grantor(s) has/have executed this deed on the date set forth above.
Rule Feedlot, Inc., a Colorado corporation
B
P
ATTEST:
Secreiary
STATE OF COLORADO
COUNTY OF A Cc p 14 u^e-
The foregoing instrument was acknowledged before me this 025- day of .?peek
2'° , by re- Wifie 64, 7-;d A o -P ,f-ratTriint
ss.
.VAess my hand and official seal.
My commission expires:
Fle No_• F207619A
No. 933. Rev. 4-94. QUITCLAIM ISFEB
eRecorded in Weld County, CO Doc Id: 3580596
09/26/2008 04:49 P Receipt#: 7379214
Page: 2 of 2 Total Fee: $11.00
Steve Moreno, Clerk and Recorder
Notary Pu lic
N
erne and Address of Person Creating Newly Created Legal Description (§ 38-35-106.5, C.R.5,)
After Recording Return to:
File No.: F207d19A
No. 933. Rev. 4-94. QUITCLAIM DEED
After Recording Return To:
John R. Heronimus, Esq.
Dufford & Brown, P.C.
1700 Broadway, Suite 2100
Denver, Colorado 80290
eRecorded in Weld County, CO Doc Id: 3580599
09/26/2008 04:49 P Receipt#: 7379217
Page: 1 of 6 Total Fee: $150.73
Steve Moreno, Clerk and Recorder
SPECIAL WARRANTY DEED Da, f T4 ‘ itl i
(Larry Rule Parcels)
THIS SPECIAL WARRANTY DEED is made this 25th day of September, 2008 between
LARRY L. RULE (aka Larry Rule) Grantor, whose address is 722 County Road 21, Brighton,
Colorado 80603-9230, and ALF EQUINOX TODD CREEK VILLAGE NORTH, LLC, a
Colorado limited liability company, Grantee, whose address is 9055 East Mineral Circle, Suite
200, Centennial, Colorado 80112.
WITNESSETH, that for and in consideration of the sum of Ten and No/I00 Dollars
($10.00) and other good and valuable consideration, the receipt and sufficiency of which
consideration are hereby acknowledged, Grantor has granted, bargained, sold and conveyed, and
by these presents does grant, bargain, sell, convey, and confirm, unto the Grantee, its successors
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:
See Exhibit A, attached hereto and incorporated herein by this reference.
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;
AND TOGETHER WITH all of Grantor's right, title and interest in and to any and all
water rights appurtenant to and currently or historically used in conjunction with the above -
described property, including, but not limited to, all of Grantor's interest in all groundwater
rights whether tributary, non -tributary or not non -tributary water and water rights, well, well
rights, and associated well permits, ditch and ditch rights, reservoir and reservoir rights including
but not limited to Water Well Nos. 34842 and 22066 (water wells for feedlot), and Water Permit
Nos. 182488 and 225905 insofar as such water rights are located on or affect the Exhibit A
property;
AND TOGETHER WITH all Grantor's right, title and interest in and to any and all oil,
gas and minerals, and all oil, gas and mineral rights, gravel and gravel rights and rights in
producing and non producing wells underlying or upon said property, except as hereafter
reserved by Grantor.
TO HAVE AND TO HOLD the said premises above bargained and described with the
appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for himself,
his successors and assigns does covenant and agree that he shall and will WARRANT AND
FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the
Grantee, its successors and assigns, against all and every person or persons, entity or entities,
claiming the whole or any part thereof by, through or under Grantor subject to rights of way,
easements, mineral reservations, oil and gas leases, surface agreements, zoning regulations, and
special district regulations of record including those exceptions shown on Exhibit B attached
(00344051.3(
-1-
) ss.
eRecorded in Weld County, CO Doc Id: 3580599
09/26/2008 04:49 P Receipt#: 7379217
Page: 2 of 6 Total Fee: $150.73
Steve Moreno, Clerk and Recorder
hereto and incorporated herein by this reference, and taxes and assessments for 2008 and
subsequent years.
RESERVING AND EXCEPTING from the foregoing conveyance any and all interests of
the Grantor in royalties and royalty rights now owned by Grantor under oil and gas leases or
related surface agreements currently encumbering the Property for so long as such oil and gas
leases and related rights are held by production according to the terms of the oil and gas leases or
related surface agreements. The foregoing royalties and royalty rights derived from oil and gas
leases and related surface agreements which include but are not limited to the following insofar
as they affect the Exhibit A property: Oil and Gas Lease dated December 4, 1969 and recorded
January 26, 1970 under Reception No. 1541878, Oil and Gas Lease dated January 30, 1970 and
recorded February 19, 1970 under Reception No. 1542846, Oil and Gas Lease dated January 26,
1970 and recorded March 5, 1970 under Reception No. 1543402, Oil and Gas Lease dated
September 5, 1974 and recorded September 23, 1974, under Reception No. 1645335, and
Surface Agreement dated October 4, 1983 and recorded November 4, 1983, under Reception No.
01946090.
IN WITNESS WHEREOF, the Grantor has herein subscribed his name as of the day and
the year first above written.
STATE OF COLORADO
COUNTY OF Ac&
sep;The foregoing instrument was acknowledged before me on this - day of
, 2008 by Larry L. Rule (aka Larry Rule
NO?"AR'Y PUBLIC
My commission expires:
•
{00344051.31
-2-
eRecorded in Weld County, CO Doc Id: 3580599
09/26/2008 04:49 P Receipt#: 7379217
Page: 3 of 6 Total Fee: $150.73
Steve Moreno, Clerk and Recorder
EXHIBIT A
(Larry Rule Parcels)
PARCEL ONE(as designated on Fidelity Title Commitment # F207619, Revision 7):
THE SOUTH HALF OF THE SOUTHWEST QUARTER (S 1/2 SW 1/4) OF SECTION
TWENTY-SIX (26), TOWNSHIP ONE (1) NORTH, RANGE 67 (67) WEST OF THE 6TH
P.M.,
COUNTY OF WELD,
STATE OF COLORADO.
PARCEL SEVEN(as designated on Fidelity Title Commitment # F207619, Revision 7):
ALL THAT PART OF THE RIGHT OF WAY OF THE ABANDONED BOULDER BRANCH
OF UNION PACIFIC RAILROAD COMPANY IN THE SOUTHWEST 1/4 OF SECTION 35,
TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE SIXTH P.M., EXTENDING
SOUTHEASTERLY FROM THE NORTH LINE TO THE EAST LINE OF SAID
SOUTHWEST QUARTER AND LYING BETWEEN THE CENTER LINE OF THE MAIN
TRACK OF SAID RAILROAD COMPANY, AS FORMERLY CONSTRUCTED AND
OPERATED, AND A LINE PARALLEL WITH AND 50 FEET NORTHEASTERLY,
MEASURED AT RIGHT ANGLES AND/OR RADIALLY FROM SAID CENTER LINE OF
MAIN TRACK;
ALSO, ALL THAT PART OF THE RIGHT OF WAY OF THE ABANDONED BOULDER
BRANCH OF SAID RAILROAD COMPANY IN THE NORTHWEST 1/4 OF SAID SECTION
35, EXTENDING SOUTHEASTERLY FROM THE WEST LINE TO THE SOUTH LINE OF
SAID NORTHWEST 1/4 AND LYING BETWEEN THE CENTER LINE OF THE MAIN
TRACK OF SAID RAILROAD COMPANY, AS FORMERLY CONSTRUCTED AND
OPERATED, AND A LINE PARALLEL WITH AND 200 FEET NORTHEASTERLY,
MEASURED AT RIGHT ANGLES AND/OR RADIALLY, FROM SAID CENTER LINE OF
MAIN TRACK.
COUNTY OF WELD,
STATE OF COLORADO
PARCEL EIGHT(as designated on Fidelity Title Commitment # F207619, Revision 7):
ALL THAT PART OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION THIRTY-FIVE
(35), TOWNSHIP ONE (1) NORTH, RANGE SIXTY-SEVEN (67) WEST OF THE 6TH P.M.
LYING NORTH OF THE RIGHT-OF-WAY OF THE UNION PACIFIC RAILROAD
COMPANY,
COUNTY OF WELD,
STATE OF COLORADO.
{00344051.3}
-3-
eRecorded in Weld County, CO Doc Id: 3580599
09/26/2008 04:49 P Receipt#: 7379217
Page: 4 of 6 Total Fee: $150.73
Steve Moreno, Clerk and Recorder
EXHIBIT B
(Larry Rule Parcels)
1. An oil and gas lease, executed by George Grenemyer and Mabel Grenemyer as lessor(s)
and by Tom Vessels as lessee(s), for a primary term of 1 years, dated December 4, 1969,
recorded January 26, 1970 under Reception No. 1541878, and any and all assignments
thereof or interests therein.
Note: Memorandums of Surface Use Agreement recorded July 1, 2002 at Reception No.
2970765 and Reception No. 2970766.
NOTE: Request for Notification of Surface Development recorded April 21, 2006 at
Reception No. 3381079.
(affects Parcel One)
2. An easement for pipe line and incidental purposes granted to Panhandle Eastern Pipe Line
Company by the instrument recorded May 9, 1973 on Film 691 at Reception No. 1612869.
(affects Parcel One)
3. Life Estate reserved by Mabel E. Grenemyer and George Grenemyer to non -executive
mineral interest in the form of the right to receive 100% of all bonuses, rentals, royalties or
other payments of any kind attributable to the mineral estate conveyed. The reserved non -
executive mineral interest shall revert to the grantees, their heirs, successors or assigns
upon the death of the last survivor among the grantors. Mineral interest payment amounts
which are paid or accrued during the term of the reserved live estate shall be fairly
apportioned to a period of time following the expiration of the life estate, for which period
to time such mineral interest payments or accruals may logically and fairly relate, and such
apportioned amounts shall be paid, upon expiration of life estate, to the reversionary
interest. owner, as reserved in Warranty Deed recorded October 21, 1983 in Book 1011 at
Reception No. 01944352.
(affects Parcel One)
4. Right of way easement to install, construct, maintain, alter, repair, replace, reconstruct,
operate and remove pipelines and related appurtenances, fixtures, or devices for the
transportation of hydrocarbon products for the benefit of Coors Energy Company, as more
particularly described in instruments recorded July 6, 1981 in Book 941 at Reception No.
1862516 and Reception No. 1862517, February 19, 1982 in Book 0961 at Reception No.
01883564 and Reception No. 01883579 and January 12, 1984 in Book 1018 at Reception
No. 01952898. and Book 1018 at Reception No. 01952899.
(affects Parcel One)
5. An easement to lay, construct, reconstruct, replace, repair, maintain, operate, change the
size of, increase the number of and remove pipelines and appurtenances thereof, for the
transportation of oil, petroleum, gas, other hydrocarbon substances and incidental purposes
granted to Vessels Oil & Gas Company by the instrument recorded February 3, 1986 in
Book 1101 at Reception No. 02041511.
(affects Parcel One)
6. An oil and gas lease, executed by Larry L. Rule as lessor(s) and by Amoco Production
Company as lessee(s), for a primary term of 1 years, dated September 5, 1974, recorded
(00344051.3
-4-
eRecorded in Weld County, CO Doc Id: 3580599
09/26/2008 04:49 P Receipt#: 7379217
Page: 5 of 6 Total Fee: $150.73
Steve Moreno, Clerk and Recorder
September 23, 1974 under Reception No. 1645335, and any and all assignments thereof or
interests therein.
(affects Parcel Eight)
7. An easement to lay, construct, maintain, lower, inspect, repair, replace, relocate, change the
size of, operate, and remove a pipe line, drips, pipe line markers, valves, launchers,
receivers, cathodic equipment, test leads, and all appurtenances and incidental purposes
granted to Panhandle Eastern Pipe Line Company by the instrument recorded October 31,
1974 in Book 726 at Reception No. 1647750.
(affects Parcels Two and Eight)
8. An easement to lay, construct, maintain, lower, inspect, repair, replace, relocate, change the
size of, operate, and remove a pipe line, drips, pipe line markers, valves, launchers,
receivers, cathodic equipment, test leads, and all appurtenances and incidental purposes
granted to Panhandle Eastern Pipe Line Company by the instrument recorded January 31,
1975 in Book 731 at Reception No. 1653176.
(affects Parcels Two and Eight)
9. An easement to lay, construct, maintain, lower, inspect, repair, replace, relocate, change the
size of, operate, and remove a pipe line together with the rights of drips, pipe line markers,
valves, launchers, receivers, cathodic equipment, test leads and all appurtenances and
incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument
recorded January 26, 1984 in Book 1019 at Reception No. 01954195.
(affects Parcels Two and Eight)
10. An oil and gas lease, executed by Noel Hubert, Sr. and Paula Hubert, also known as Paula
L. Hubert as lessor(s) and by Tom Vessels as lessee(s), for a primary term of 5 years, dated
February 26, 1970, recorded May 5, 1970 under Reception No. 1543402, and any and all
assignments thereof or interests therein.
(affects Parcels Five and Eight)
11. Reservation of all minerals and all mineral rights of every kind and character now known to
exist or hereafter discovered, including without limiting the generality of the foregoing,
coal, oil and gas and rights thereto, together with the sole, exclusive and perpetual right to
explore for, remove and dispose of, said minerals by any means or methods suitable to the
party of the first part, its successors and assigns, including the right of access to, and use of,
such parts of said described lands, upon or below the surface thereof, as may be necessary
or convenient for any purpose in connection with exploration for, removal, storage,
disposition, and transportation of, said minerals and the deposit of tailings; and together
also with the perpetual right to remove the subjacent support from the surface of the lands
(except such as is necessary for the support of permanent structures erected thereon prior to
the time such right is exercised) without thereby incurring any liability whatsoever for the
damage so caused, as reserved in Deed dated August 29, 1970 and recorded May 3, 2006 at
Reception No. 3384344.
NOTE: Request for Notification of Surface Development recorded May 28, 2002 at
Reception No. 2954701.
(affects Parcel Seven)
{00344051.3)
-5-
eRecorded in Weld County, CO Doc Id: 3580599
09/26/2008 04:49 P Receipt#: 7379217
Page: 6 of 6 Total Fee: $150.73
Steve Moreno, Clerk and Recorder
12. Rights of way for county roads 30 feet wide on each side of Section and Township lines as
established by order of the Board of County Commissioners for Weld County recorded
October 14, 1889 in Book 86 at Page 273.
(affects all parcels)
13. An oil and gas lease, executed by Anadarko E&P Company LP as lessor(s) and by United
States Exploration, Inc. as lessee(s), for a primary term of one year, dated January 31,
2003, recorded October 6, 2004 under Reception No. 3225676, and any and all
assignments thereof or interests therein.
(affects Parcel Eight)
14. An oil and gas lease, executed by Anadarko E&P Company LP as lessor(s) and by United
States Exploration, Inc. as lessee(s), for a primary term of one year, dated January 31,
2003, recorded October 6, 2004 under Reception No. 3225677, and any and all
assignments thereof or interests therein.
(affects Parcel Eight)
15. The effect of a Memorandum of Surface Damage and Release Agreement between Lany
Rule and Encana Oil & Gas (USA) Inc. recorded June 5, 2007 at Reception No. 3481111.
(affects Parcel One)
100344051,3,
-6-
eRecorded in Weld County, CO Doc Id: 3580602
09/26/2008 04:49 P Receipt#: 7379220
Page: 1 of 8 Total Fee: $211.10
Steve Moreno, Clerk and Recorder
After Recording Return To:
John R. Heronimus, Esq.
Dufford & Brown, P.C.
1700 Broadway, Suite 2100
Denver, Colorado 50290
SPECIAL. WARRANTY DEED . it
(Spencer and Connie Rule Parcels)
THIS SPECIAL WARRANTY DEED is made this 25th day of September, 2008 between
LARRY SPENCER RULE AND CONNIE L. RULE (aka Connie Lou Rule) as joint tenants,
Grantors, whose address is 600 County Road 21, Brighton, Colorado 80603, and ALF
EQUINOX TODD CREEK VILLAGE NORTH, LLC, a Colorado limited liability company,
Grantee, whose address is 9055 East Mineral Circle, Suite 200, Centennial, Colorado 80112.
WITNESSETH, that for and in consideration of the sum of Ten and No/100 Dollars
($10.00) and other good and valuable consideration, the receipt and sufficiency of which
consideration are hereby acknowledged, Grantors have granted, bargained, sold and conveyed,
and by these presents do grant, bargain, sell, convey, and confirm, unto the Grantee, its
successors 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:
See Exhibit A, attached hereto and incorporated herein by this reference.
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 Grantors, either in law or equity, of, in and to the above bargained
premises, with the hereditaments and appurtenances;
AND TOGETHER WITH all of Grantors' right, title and interest in and to any and all
water rights appurtenant to and currently or historically used in conjunction with the above -
described property, including, but not limited to, all of Grantors' interest in all groundwater
rights whether tributary, non -tributary or not non -tributary water and water rights, well, well
rights, and associated well permits, ditch and ditch rights, reservoir and reservoir rights including
but not limited to Water Well Nos. 34842 and 22066 (water wells for feedlot), and Water Permit
Nos. 182488 and 225905 insofar as such water rights are located on or affect the Exhibit A
property;
AND TOGETHER WITH All Grantors' right, title and interest in and to any and all oil,
gas and minerals, and all oil, gas and mineral rights, gravel and gravel rights and rights in
producing and non producing wells underlying or upon said property, except as hereafter
reserved by Grantor.
TO HAVE AND TO HOLD the said premises above bargained and described with the
appurtenances, unto the Grantee, its successors and assigns forever. The Grantors, for
themselves, their successors and assigns do covenant and agree that they shall and will
WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and
peaceable possession of the Grantee, its successors and assigns, against all and every person or
persons, entity or entities, claiming the whole or any part thereof by, through or under Grantors
subject to rights of way, easements, mineral reservations, oil and gas leases, surface agreements,
(00344057.3)
-1-
eRecorded in Weld County, CO Doc Id: 3580602
09/26/2008 04:49 P Receipt#: 7379220
Page: 2 of 8 Total Fee: $211.10
Steve Moreno, Clerk and Recorder
zoning regulations, and special district regulations of record including those exceptions shown
on Exhibit B attached hereto and incorporated herein by this reference, and taxes and
assessments for 2008 and subsequent years.
RESERVING AND EXCEPTING from the foregoing conveyance any and all interests of
the Grantor in royalties and royalty rights now owned by Grantor under oil and gas leases or
related surface agreements currently encumbering the Exhibit A real property for so long as such
oil and gas leases and related rights are held by production according to the terms of the oil and
gas leases or related surface agreements. The foregoing royalties and royalty rights derived from
oil and gas leases and related surface agreements which include but are not limited to the
following insofar as they affect the Exhibit A property: Oil and Gas Lease dated December 4,
1969 and recorded January 26, 1970 under Reception No. 1541878, Oil and Gas Lease dated
January 30, 1970 and recorded February 19, 1970 under Reception No. 1542846, Oil and Gas
Lease dated January 26, 1970 and recorded March 5, 1970 under Reception No. 1543402, Oil
and Gas Lease dated September 5, 1974 and recorded September 23, 1974, under Reception No.
1645335, and Surface Agreement dated October 4, 1983 and recorded November 4, 1983, under
Reception No. O1946090.
IN WITNESS WHEREOF, the Grantors have herein subscribed their names as of the day
and the year first above written.
oil NJ
Sp ncer ' le
onnie L. Rule (aka Connie Lou Rule)
STATE OF COLORADO
COUNTY OF Arc.,
) ss.
se The foregoing instrument was acknowledged before me on this day of
, 2008 by Larry Spencer Rule and Connie L. Rule (aka Connie Lou Rule).
My commission expires:
NOT • ' " PUBLIC
{00344057.3)
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eRecorded in Weld County, CO Doc Id: 3580602
09/26/2008 04:49 P Receipt#: 7379220
Page: 3 of 8 Total Fee: $211.10
Steve Moreno, Clerk and Recorder
EXHIBIT A
(Spencer and Connie Rule Parcels)
PARCEL FOUR(as designated on Fidelity Title Commitment # F207619, Revision 7):
ALL THAT PART OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 1
NORTH, RANGE 67 WEST OF THE 6TH P.M., BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 26 AND
CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION
26 AS BEARING SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST AND WITH
ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST ALONG THE NORTH
LINE OF THE NORTHEAST QUARTER 1,052.42 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE CONTINUING ALONG SAID NORTH LINE OF THE NORTHEAST QUARTER
SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST 1,594.52 FEET TO THE NORTH
QUARTER CORNER OF SAID SECTION 26;
THENCE SOUTH 00 DEGREES 13 MINUTES 22 SECONDS WEST, ALONG THE WEST
LINE OF THE NORTHEAST QUARTER OF SECTION 26, A DISTANCE OF 2,645.36 FEET
TO THE CENTER CORNER OF SAID SECTION 26;
THENCE SOUTH 89 DEGREES 53 MINUTES 08 SECONDS EAST ALONG THE SOUTH
LINE OF THE NORTHEAST QUARTER OF SECTION 26, A DISTANCE OF 825.00 FEET
TO A POINT WHICH IS 1,806.06 FEET FROM THE EAST QUARTER CORNER OF SAID
SECTION 26;
THENCE NORTH 7 DEGREES 30 MINUTES 02 SECONDS EAST, 193.51 FEET;
THENCE NORTH 2 DEGREES 15 MINUTES 24 SECONDS EAST, 357.85 FEET;
THENCE NORTH 29 DEGREES 13 MINUTES 40 SECONDS EAST, 429.55 FEET;
THENCE NORTH 40 DEGREES 07 MINUTES 18 SECONDS EAST, 349.17 FEET;
THENCE NORTH 70 DEGREES 53 MINUTES 14 SECONDS EAST, 141.55 FEET;
THENCE NORTH 54 DEGREES 12 MINUTES 31 SECONDS EAST, 88.31 FEET;
THENCE NORTH 29 DEGREES 10 MINUTES 23 SECONDS EAST, 312.61 FEET;
THENCE NORTH 1 DEGREES 22 MINUTES 00 SECONDS WEST, 177.68 FEET;
THENCE NORTH 32 DEGREES 17 MINUTES 22 SECONDS WEST, 172.52 FEET;
THENCE NORTH 3 DEGREES 20 MINUTES 00 SECONDS EAST, 762.57 FEET TO A
POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 26 AND
THE TRUE POINT OF BEGINNING
EXCEPTING ANY PORTION THEREOF LYING WITHIN PARCEL CONVEYED IN
WARRANTY DEED RECORDED JULY 10, 1997 IN BOOK 1615 AT RECEPTION NO.
2557342,
SAID PARCEL FOUR ALSO SHOWN AS LOT B ON RECORDED EXEMPTION NO. 1469-
26-1-RE1898 PART OF THE NORTHEAST ONE -QUARTER SECTION 26, TOWNSHIP 1
(00344057.3)
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eRecorded in Weld County, CO Doc Id: 3580602
09/26/2008 04:49 P Receipt#: 7379220
Page: 4 of 8 Total Fee: $211.10
Steve Moreno, Clerk and Recorder
NORTH, RANGE 67 WEST OF THE 6TH P.M. RECORDED SEPTEMBER 11, 1996 IN
BOOK 1566 AT RECEPTION NO.2510456,
COUNTY OF WELD,
STATE OF COLORADO.
PARCEL FIVE(as designated on Fidelity Title Commitment # F207619, Revision 7):
BEGINNING AT THE SOUTHWEST CORNER OF SECTION 35, TOWNSHIP 1 NORTH,
RANGE 67 WEST OF THE 6TH P.M.;
THENCE NORTH ALONG THE WEST LINE OF SAID SECTION 35, 3,001.7 FEET TO THE
INTERSECTION WITH THE SOUTHERLY RIGHT OF WAY LINE OF THE BOULDER
BRANCH OF THE UNION PACIFIC RAILROAD, SAID RIGHT OF WAY BEING 200 FEET
DISTANT SOUTHWESTERLY FROM THE CENTER LINE OF SAID RAILROAD WHEN
MEASURED AT RIGHT ANGLES THERETO;
THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE AND PARALLEL
WITH SAID CENTER LINE OF SAID RAILROAD, 710 FEET TO THE INTERSECTION OF
THE EAST AND WEST CENTER LINE OF SAID SECTION 35;
THENCE EAST ALONG SAID CENTER LINE OF SAID SECTION 35 ALSO BEING THE
RIGHT OF WAY LINE OF SAID RAILROAD, 291.7 FEET TO A POINT ON THE
SOUTHERLY RIGHT OF WAY LINE OF SAID RAILROAD WHICH IS 50 FEET
DISTANCE SOUTHWESTERLY FROM THE CENTER LINE OF SAID RAILROAD WHEN
MEASURED AT RIGHT ANGLES THERETO;
THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE AND PARALLEL
WITH SAID CENTER LINE OF SAID RAILROAD, 487.7 FEET TO THE INTERSECTION
WITH THE EAST LINE OF THE W1/2 OF THE SW 1/4 OF SAID SECTION 35;
THENCE SOUTH ALONG SAID EAST LINE 2,391.1 FEET TO THE SOUTH LINE OF
SAID SECTION 35;
THENCE WEST ALONG SAID SOUTH LINE 1,320 FEET TO THE POINT OF
BEGINNING,
EXCEPT ANY PORTION THEREOF LYING WITHIN LOT A ON RECORDED
EXEMPTION NO. 1469-35-03 RE -4462, A PART OF THE WEST 1/2 OF THE WEST 1/2 OF
SECTION 35, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P,M,, RECORDED
ON JANUARY 24, 2007 AT RECEPTION NO. 3450532;
AND ALSO EXCEPT THAT PORTION DESCRIBED AS FOLLOWS:
THAT PART OF THE W 1/2 OF SECTION 35, TOWNSHIP 1 NORTH, RANGE 67 WEST OF
THE 6TH P.M., COLORADO DEFINED AS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35;
THENCE NORTH 00 DEGREES 20 MINUTES 10 SECONDS WEST ON AN ASSUMED
BEARING ALONG THE WEST LINE OF SAID SECTION 35 A DISTANCE OF 242.46
FEET;
THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST PARALLEL WITH THE
SOUTH LINE OF SAID W 1/2 OF SECTION 35, A DISTANCE OF 215.59 FEET;
(00344057.3)
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eRecorded in Weld County, CO Doc Id: 3580602
09/26/2008 04:49 P Receipt#: 7379220
Page: 5 of 8 Total Fee: $211.10
Steve Moreno, Clerk and Recorder
THENCE SOUTH 00 DEGREES 20 MINUTES 10 SECONDS EAST A DISTANCE OF 242.46
FEET TO A POINT ON THE SOUTH LINE OF SAID W 1/2 OF SECTION 35;
THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF
215.59 FEET TO THE POINT OF BEGINNING;
SAID PARCEL FIVE BEING A PORTION OF LOT "A" AS SHOWN ON RECORDED
EXEMPTION NO. 1469 -35 -3 -RE -433, A PART OF THE WEST ONE-HALF OF SECTION
35, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M., RECORDED DECEMBER
19, 1979 IN BOOK 890 AT RECEPTION NO. 1812435;
SAID PARCEL FIVE ALSO BEING A PORTION OF LOT B AS SHOWN ON RECORDED
EXEMPTION NO. 1469-35-03 RE -4462, A PART OF THE WEST 1/2 OF THE WEST 1/2 OF
SECTION 35, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M., RECORDED
ON JANUARY 24, 2007 AT RECEPTION NO. 3450532,
COUNTY OF WELD,
STATE OF COLORADO.
PARCEL SIX(as designated on Fidelity Title Commitment /4 F207619, Revision 7):
ALL THAT PART OF THE RIGHT OF WAY OF THE ABANDONED BOULDER BRANCH
OF UNION PACIFIC RAILROAD COMPANY IN THE NW 1/4 OF SECTION 35,
TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M., EXTENDING
SOUTHEASTERLY FROM THE WEST LINE TO THE SOUTH LINE OF SAID NW 1/4
AND LYING BETWEEN THE CENTER LINE OF THE MAIN TRACK OF SAID
RAILROAD COMPANY, AS FORMERLY CONSTRUCTED AND OPERATED, AND A
LINE PARALLEL WITH AND 200 FEET SOUTHWESTERLY MEASURED AT RIGHT
ANGLES FROM SAID CENTER LINE OF MAIN TRACK,
ALSO ALL THAT PART OF THE RIGHT OF WAY OF THE ABANDONED BOULDER
BRANCH OF SAID RAILROAD COMPANY IN THE NW 1/4 OF THE SW 1/4 OF SAID
SECTION 35, EXTENDING SOUTHEASTERLY FROM THE NORTH LINE TO THE EAST
LINE OF SAID NW 1/4 OF THE SW 1/4 AND LYING BETWEEN THE CENTERLINE OF
THE MAIN TRACK OF SAID RAILROAD COMPANY, AS FORMERLY CONSTRUCTED
AND OPERATED, AND A LINE PARALLEL WITH AND 50 FEET SOUTHWESTERLY,
MEASURED AT RIGHT ANGLES AND/OR RADIALLY, FROM SAID CENTER LINE OF
MAIN TRACK,
EXCEPTING THEREFROM, ANY PORTION THEREOF LYING WITHIN LOT A ON
RECORDED EXEMPTION NO. 1469-35-03 RE -4462, A PART OF THE WEST 1/2 OF THE
WEST 1/2 OF SECTION 35, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M.,
RECORDED ON JANUARY 24, 2007 AT RECEPTION NO. 3450532,
COUNTY OF WELD,
STATE OF COLORADO.
(00344057.3)
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eRecorded in Weld County, CO Doc Id: 3580602
09/26/2008 04:49 P Receipt#: 7379220
Page: 6 of 8 Total Fee: $211.10
Steve Moreno, Clerk and Recorder
EXHIBIT B
(Spencer and Connie Rule Parcels)
1. Right of way for County Road No. 23 and County Road 6 as evidenced on Recorded
Exemption No. 1469 -26 -1 -RE -215 recorded July 22, 1976 in Book 772 at Reception No.
1694272 and amended July 11, 1988 Book 1202 at Reception No. 2147506.
(affects Parcels Three and Four)
2. The right of the proprietor of a vein or lode to extract or remove his ore, should the same be
found to penetrate or intersect the premises thereby granted and rights -of -way for ditches
and canals as reserved in United States Patent recorded December 13, 1895 in Book 51 at
Page 299, and any and all assignments thereof or interests therein.
(affects Parcels Three and Four)
3. An easement for electrical transmission lines and incidental purposes granted to The United
States of America by the instrument recorded January 31, 1951 in Book 1293 at Page 459.
(affects Parcels Three and Four)
4. An oil and gas lease, executed by Norman Moser and Elizabeth Moser as lessor(s) and by
Tom Vessels as lessee(s), for a primary term of 5 years, dated January 30, 1970, recorded
February 19, 1970 under Reception No. 1542846, and any and all assignments thereof or
interests therein.
(affects Parcels Three and Four)
NOTE: Extension of the above lease recorded November 29, 1974 in Book 727 at
Reception No. 1649403.
5. An easement to construct, reconstruct, rephase, repair, operate and maintain an electric
transmission and/or distribution line and incidental purposes granted to Union Rural
Electric Association, Inc. by the instrument recorded December 19, 1985 in Book 1096 at
Reception No. 02036424.
(affects Parcels Three and Four)
6. An easement to lay, construct, reconstruct, replace, repair, maintain, operate, change the
size of, increase the number of, and remove pipelines and incidental purposes granted to
Platte Gas Line Company by the instrument recorded January 20, 1989 in Book 649 at
Reception No. 02168515.
(affects Parcel Four)
7. An easement for constructing, operating, inspecting, maintaining, protecting, marking,
repairing, replacing, changing the size of and removing a pipeline or pipelines and
incidental purposes granted to Vessels Hydrocarbons, Inc. by the instrument recorded
March 20, 1997 in Book 1597 at Reception No. 2538871.
(affects Parcel Four)
{00344057.3)
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eRecorded in Weld County, CO Doc Id: 3580602
09/26/2008 04:49 P Receipt#: 7379220
Page: 7 of 8 Total Fee: $211.10
Steve Moreno, Clerk and Recorder
8. An easement to survey, construct, install, inspect, maintain, renew, repair, remove, replace
and operate a pipeline and incidental purposes granted to KN Wattenberg Transmission
LLC by the instrument recorded September 4, 1988 at Reception No. 2638329.
(affects Parcel Four)
9. Terms, conditions, provisions, agreements and obligations specified under the Recorded
Exemption No. 1469-26-1-RE1898, which was recorded September 11, 1996 in Book 1566
at Reception No. 2510456.
(affects Parcel Four)
10. An oil and gas lease, executed by Noel Hubert, Sr. and Paula Hubert, also known as Paula
L. Hubert as lessor(s) and by Tom Vessels as lessee(s), for a primary term of 5 years, dated
February 26, 1970, recorded May 5, 1970 under Reception No. 1543402, and any and all
assignments thereof or interests therein.
(affects Parcels Five and Eight)
11. An undivided 1/2 of all existing oil, gas and mineral rights as reserved in Agreement for
Sale and Purchase recorded September 21, 1970 in Book 633 at Reception No. 1554947.
(affects Parcels Five and Six)
12. All other mineral, oil and gas rights or interests whatsoever as reserved by Noel Hubert, Jr.
also known as Noel J. Hubert, Jr. and Sharon J. Hubert in Deed recorded December 17,
1979 in Book 890 at Reception No. 1812105.
(affects Parcels Five and Six)
13. An easement to lay, construct, maintain, lower, inspect, repair, replace, relocate, change the
size of, operate and remove a pipe line and incidental purposes granted to Panhandle
Eastern Pipe Line Company by the instrument recorded April 29, 1975 in Book 737 at
Reception No. 1659213.
(affects Parcels Five and Six)
14. Terms, conditions, provisions, agreements and obligations specified under the Recorded
Exemption No. 1469 -35 -3 -RE -433 part of the West one-half of Section 35, Township 1
North, Range 67 West of the 6th P.M., which was recorded December 19, 1979 in Book
890 at Reception No, 1812435.
(affects Parcels Five and Six)
15. Reservation of all minerals and all mineral rights of every kind and character now known to
exist or hereafter discovered, including without limiting the generality of the foregoing,
coal, oil and gas and rights thereto, together with the sole, exclusive and perpetual right to
explore for, remove and dispose of, said minerals by any means or methods suitable to the
party of the first part, its successors and assigns, including the right of access to, and use of,
such parts of said described lands, upon or below the surface thereof, as may be necessary
or convenient for any purpose in connection with exploration for, removal, storage,
disposition, and transportation of, said minerals and the deposit of tailings; and together
also with the perpetual right to remove the subjacent support from the surface of the lands
(except such as is necessary for the support of permanent structures erected thereon prior to
{00344057.}
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eRecorded in Weld County, CO Doc Id: 3580602
09/26/2008 04:49 P Receipt#: 7379220
Page: 8 of 8 Total Fee: $211.10
Steve Moreno, Clerk and Recorder
the time such right is exercised) without thereby incurring any liability whatsoever for the
damage so caused, as reserved in Deed recorded September 21, 1970 in Book 633 at
Reception No. 1554948.
NOTE: Request for Notification of Surface Development recorded May 28, 2002 at
Reception No. 2954701.
(affects Parcels Five and Six)
16. Rights of way for county roads 30 feet wide on each side of Section and Township lines as
established by order of the Board of County Commissioners for Weld County recorded
October 14, 1889 in Book 86 at Page 273.
(affects all parcels)
17. Excepting the water rights as conveyed to the Todd Creek Farms Metropolitan District No,
1 Water Activity Enterprise Leasing Trust 2006 recorded July 19, 2007 at Reception No.
3491447.
(affects Parcel Four)
18. Terms, conditions, provisions, agreements and obligations specified under the Recorded
Exemption No. 1469-35-03 RE -4462, which was recorded January 24, 2007 at Reception
No. 2450532.
(affects Parcel Five)
(00344057.3)
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eRecorded in Weld County, CO Doc Id: 3580625
09/29/2008 10:58 A Receipt#: 7379252
Page: 1 of 5 Total Fee: $27.50
Steve Moreno, Clerk and Recorder
After Recording Return To:
John R Heronimus, Esq.
17ufrord & Brown, P.C.
1700 Broadway, Suite 2100
Denver, Colorado 80290
SPECIAL WARRANTY DEED
(Rule 1.2 Acre Parcel)
THIS SPECIAL WARRANTY DEED is made this 25'' day of September, 2008 between
LARRY SPENCER RULE AND CONNIE LOU RULE as joint tenants, Grantors, whose
address is 600 County Road 21, Brighton, Colorado 80603, and ALF EQUINOX TODD CREEK
VILLAGE NORTH, LLC, a Colorado limited liability company, Grantee, whose address is 9055
East Mineral Circle, Suite 200, Centennial, Colorado 80112.
WITNESSETH, that for and in consideration of the sum of Ten and No/100 Dollars
($10.00) and other good and valuable consideration, the receipt and sufficiency of which
consideration are hereby acknowledged, Grantors have granted, bargained, sold and conveyed,
and by these presents do grant, bargain, sell, convey, and confirm, unto the Grantee, its
successors 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:
See Exhibit attached hereto and incorporated herein by this reference.
TOGETHER with all and singular the hereditarnents 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 Grantors, either in law or equity, of, in and to the above bargained
premises, with the hereditaments and appurtenances;
AND TOGETHER WITH all of Grantors' right, title and interest in and to any and all
water rights appurtenant to and currently or historically used in conjunction with the above -
described property, including, but not limited to, all of Grantors' interest in all groundwater
rights whether tributary, non -tributary or not non -tributary water and water rights, well, well
rights, and associated well permits, ditch and ditch rights, reservoir and reservoir rights including
but not limited to Water Well Nos. 34842 and 22066 (water wells for feedlot), and Water Permit
Nos. 182488 and 225905 insofar as such water rights are located on or affect the Exhibit A
property;
AND TOGETHER WITH All Grantors' right, title and interest in and to any and all oil,
gas and minerals, and all oil, gas and mineral rights, gravel and gravel rights and rights in
producing and non producing wells underlying or upon said property, except as hereafter
reserved by Grantor.
TO HAVE AND TO HOLD the said premises above bargained and described with the
appurtenances, unto the Grantee, its successors and assigns forever. The Grantors, for
themselves, their successors and assigns do covenant and agree that they shall and will
WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and
peaceable possession of the Grantee, its successors and assigns, against all and every person or
persons, entity or entities, claiming the whole or any part thereof by, through or under Grantors
subject to rights of way, easements, mineral reservations, oil and gas leases, surface agreements,
{00348487.2)
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eRecorded in Weld County, CO Doc Id: 3580625
09/29/2008 10:58 A Receipt#: 7379252
Page: 2 of 5 Total Fee: $27.50
Steve Moreno, Clerk and Recorder
zoning regulations, and special district regulations of record including those exceptions shown
on Exhibit B attached hereto and incorporated herein by this reference, and taxes and
assessments for 2008 and subsequent years.
RESERVING AND EXCEPTING from the foregoing conveyance any and all interests of
the Grantor in royalties and royalty rights now owned by Grantor under oil and gas leases or
related surface agreements currently encumbering the Exhibit A real property for so long as such
oil and gas leases and related rights are held by production according to the terms of the oil and
gas leases or related surface agreements. The foregoing royalties and royalty rights derived from
oil and gas leases and related surface agreements which include but are not limited to the
following insofar as they affect the exhibit A property: Oil and Gas Lease dated December 4,
1969 and recorded January 26, 1970 under Reception No. 1541878, Oil and Gas Lease dated
January 30, 1970 and recorded February 19, 1970 under Reception No. 1542846, Oil and Gas
Lease dated January 26, 1970 and recorded March 5, 1970 under Reception No. 1543402, Oil
and Gas Lease dated September 5, 1974 and recorded September 23, 1974, under Reception No.
1645335, and Surface Agreement dated October 4, 1983 and recorded November 4, 1983, under
Reception No. 01946090.
[N WITNESS WHEREOF, the Grantors have herein subscribed their names as of the day
and the year first above written.
41A -
La eCLAS;cerRiff\
in
}
) ss.
STATE OF COLORADO
COUNTY OF/4 Ca p hat
�5 , 2008 by Larry Spencer Rule and Connie Lou Rule.
The foregoing instrument was aclrnowledged before me on this & day of
My commission expires:
400348487.31
NOTARY PCTBLIC
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eRecorded in Weld County, CO Doc Id: 3580625
09/29/2008 10:58 A Receipt#: 7379252
Page: 3 of 5 Total Fee: $27.50
Steve Moreno, Clerk and Recorder
EXHIBIT A
(Rule 1.2 Acre Parcel)
THAT PART OF THE W 1/2 OF SECTION 35, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE
6TH P.M., WELD COUNTY, COLORADO, DESCRIBED AS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35;
THENCE NORTH 00 DEGREES 20 MINUTES 10 SECONDS WEST ON AN ASSUMED BEARING
ALONG THE WEST LINE OF SAID SECTION 35 A DISTANCE OF 242.46 FEET;
THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST PARALLEL WITH THE SOUTH
LINE OF SAID W 1/2 OF SECTION 35, A DISTANCE OF 215.59 FEET;
THENCE SOUTH 00 DEGREES 20 MINUTES 10 SECONDS EAST A DISTANCE OF 242.46 FEET
TO A POINT ON THE SOUTH LINE OF SAID W 1/2 OF SECTION 35;
THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST A DISTANCE OF 215.59 FEET
TO THE POINT OF BEGINNING.
NOTE: THIS IS THE SAME PROPERTY THAT IS SHOWN AS LOT B ON THE RECORDED
EXEMPTION NO. 1459 -35 -3 -RE -433 RECORDED DECEMBER 19, 1979 IN BOOK 890 AT
RECEPTION NO. 1812435.
(00348487.2(
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eRecorded in Weld County, CO Doc Id: 3580625
09/29/2008 10:58 A Receipt#: 7379252
Page: 4 of 5 Total Fee: $27.50
Steve Moreno, Clerk and Recorder
EXHIBIT B
(Rule 1.2 Acre Parcel)
l . An oil and gas lease, executed by Noel Hubert, Sr. and Paula Hubert, also known as Paula
L. Hubert as lessor(s) and by Tom Vessels as lessee(s), for a primary term of 5 years, dated
February 26, 1970, recorded May 5, 1970 under Reception No. 1543402, and any and all
assignments thereof or interests therein.
2. An undivided 1/2 of all existing oil, gas and mineral rights as reserved in Agreement for
Sale and Purchase recorded September 21, 1970 in Book 633 at Reception No. 1554947.
3. All other mineral, oil and gas rights or interests whatsoever as reserved by Noel Hubert, Jr.
also known as Noel J. Hubert, Jr. and Sharon J. Hubert in Deed recorded December 17,
1979 in Book 890 at Reception No. 1812105.
4. An easement to lay, construct, maintain, lower, inspect, repair, replace, relocate, change the
size of, operate and remove a pipe line and incidental purposes granted to Panhandle
Eastern Pipe Line Company by the instrument recorded April 29, 1975 in Book 737 at
Reception No. 1659213.
5. Terms, conditions, provisions, agreements and obligations specified under the Recorded
Exemption No. 1469 -35 -3 -RE -433 part of the West one-half of Section 35, Township 1
North, Range 67 West of the 6th P.M., which was recorded December 19, 1979 in Book
890 at Reception No. 1812435.
6. Reservation of all minerals and all mineral rights of every kind and character now known to
exist or hereafter discovered, including without limiting the generality of the foregoing,
coal, oil and gas and rights thereto, together with the sole, exclusive and perpetual right to
explore for, remove and dispose of, said minerals by any means or methods suitable to the
party ofthe first part, its successors and assigns, including the right of access to, and use of,
such parts of said described lands, upon or below the surface thereof, as maybe necessary
or convenient for any purpose in connection with exploration for, removal, storage,
disposition, and transportation of, said minerals and the deposit of tailings; and together
also with the perpetual right to remove the subjacent support from the surface of the lands
(except such as is necessary for the support of permanent structures erected thereon prior to
the time such right is exercised) without thereby incurring any liability whatsoever for the
damage so caused, as reserved in Deed recorded September 21, 1970 in Book 633 at
Reception No. 1554948.
NOTE: Request for Notification of Surface Development recorded May 28, 2002 at
Reception No. 2954701, October 15, 2007 at Reception No. 3511023 and December 21,
2007 at Reception No. 3525268.
7. Rights of way for county roads 30 feet wide on each side of Section and Township lines as
established by order of the Board of County Commissioners for Weld County recorded
October 14, 1889 in Book 86 at Page 273.
{00346487-2j
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eRecorded in Weld County, CO Doc Id: 3580625
09/29/2008 10:58 A Receipt#: 7379252
Page: 5 of 5 Total Fee: $27.50
Steve Moreno, Clerk and Recorder
8. Subject to the effect of the Notice of General Description of Area Served by Panhandle
Eastern Pipe Line Company Concerning Underground Facilities recorded June 26, 1986 in
Book 1117 at Reception No. 02058722.
9. Subject to the effect of the Notice Concerning Underground Facilities of United Power,
Inc. recorded January 24, 1991 in Book 1288 at Reception No. 02239296.
{003484g7.2}
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08/09/2018 11:38 AM Title Report No.: N0014949-010-TO2-ES
Commonwealth Land Title Insurance Company
TITLE REPORT
SCHEDULE A
Title Report No: N0014949-010-TO2-ES
1. Effective Date: August 3, 2018 at 8:00 A.M.
2. The estate or interest in the land described or referred to in this Title Report is:
A Fee Simple
3. Title to the estate or interest in the land is at the Effective Date vested in:
ALF Todd Creek Village North, LLC, a Colorado limited liability company, formerly
known as ALF Equinox Todd Creek Village North, LLC, a Colorado limited liability
company
4. The land referred to in this Title Report is described as follows:
See Attached Legal Description
(for informational purposes only) Todd Creek Village North - Phase 1, Greeley, CO
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Attached Legal Description
Lot "B" Recorded Exemption No. 1469-35-03 RE -4462, and Lot "B" Recorded Exemption No. 1469-35-03 RE -433,
both in the Official Records of the Clerk and Recorder, County of Weld, State of Colorado, lying within the West
Half of Section 35, Township 1 North, Range 67 West of the Sixth Principal Meridian, said County and State,
more particularly described as follows:
Beginning at the Southwest corner of said Section 35;
Thence along the West line of the Southwest Quarter of said Section 35, North 00°46'38" West, a distance of
2,639.81 feet to the West Quarter corner of said Section 35, said point also being the Northwest corner of said Lot
"B" Recorded Exemption No. 1469-35-03 RE -4462;
Thence along the North line of said Southwest Quarter, along the Northerly, Westerly, and Easterly Boundary's of
said last described Lot "B" the following five (5) courses:
1) North 89°35'28" East, a distance of 738.93 feet;
2) North 00°24'3Z' West, a distance of 154.03 feet;
3) South 58°48'43" East, a distance of 450.99 feet to the beginning of a tangent curve concave
Northeasterly having a radius of 5,729.58 feet;
4) Southeasterly along said curve through a central angle of 02°17'09", an arc length of 228.57 feet;
5) South 00°43'19" East, a distance of 2,440.95 feet to the West Sixteenth corner of said Section 35 and
Section 2, Township 1 South, Range 67 West of the Sixth Principal Meridian;
Thence along the South line of said Southwest Quarter, South 89°33'32" West, a distance of 1,316.45 feet to the
Point of Beginning.
Legal Description Prepared By:
Daniel E. Davis, PLS 38256
Colorado Licensed Professional Land Surveyor
For and on Behalf of Aztec Consultants, Inc.
300 E. Mineral Avenue, Suite 1
Littleton, CO 80122
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SCHEDULE B
Exceptions
1. Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees.
2. Rights of way for County Roads 30 feet wide on each side of Section and Township lints as established
by Order of the Board of County Commissioners for Weld County recorded October 14, 1889 in Book 86
at Page 273.
3. Terms, conditions, provisions, agreements and obligations contained in the Oil and Gas Lease by and
between Noel Hubert, Sr. and Paula Hubert, also known as Paula L. Hubert, as lessor(s), and Tom
Vessels, as lessee(s), and any and all assignments thereof or interests therein, as set forth below:
Recording Date:
Recording No.:
May 5, 1970
Reception No. 1543402
4. An undivided 1/2 of all existing oil, gas and mineral rights as reserved in Agreement for Sale and Purchase
recorded September 21, 1970 at Reception No. 1554947.
5. Reservation of all minerals and all mineral rights of every kind and character as described in Deed
recorded September 21, 1970 at Reception No. 1554948.
6. Terms, conditions, provisions, agreements and obligations contained in the Oil and Gas Lease by and
between Larry L. Rule, as lessor(s), and Amoco Production Company, as lessee(s), and any and all
assignments thereof or interests therein, as set forth below:
Recording Date:
Recording No.:
September 5, 1974
Reception No. 1645335
7. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No:
Panhandle Eastern Pipe Line Company
Pipelines
October 31, 1974
Reception No. 1647750
8. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No:
Panhandle Eastern Pipe Line Company
Pipelines
January 31, 1975
Reception No. 1653176
9. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No:
Panhandle Eastern Pipe Line Company
Pipelines
April 29, 1975
Reception No. 1659213
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10. All other mineral, oil and gas rights or interests whatsoever as reserved by Noel Hubert, Jr. also known as
Noel J. Hubert, Jr. and Sharon J. Hubert in Deed recorded December 17, 1979 at Reception No. 1812105.
11. Easements, notes, terms, conditions, provisions, agreements and obligations contained in the Recorded
Exemption No. 1469 -35 -3 -RE -433 part of the West '/2 of Section 35, Township 1 North, Range 67 West
of the 6th P.M. as set forth below:
Recording Date:
Recording No.:
December 19, 1979
Reception No. 1812435
12. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:
Purpose:
Recording Date:
Recording No:
Panhandle Eastern Pipe Line Company
Pipelines
January 26, 1984
Reception No. 1954195
13. Subject to the effect of the Notice of General Description of Area Served by Panhandle Eastern Pipe Line
Company Concerning Underground Facilities recorded June 26, 1986 at Reception No. 2058722.
14. Subject to the effect of the Notice Concerning Underground Facilities of United Power, Inc. recorded
January 24, 1991 at Reception No. 2239296.
15. The effect of Request for Notification of Surface Development recorded May 28, 2002 at Reception No.
2954701, October 15, 2007 at Reception No. 3511023 and December 21, 2007 at Reception No. 3525268
16. Terms, conditions, provisions, agreements and obligations contained in the Oil and Gas Lease by and
between Anadarko E&P Company LP, as lessor(s), and United States Exploration, Inc., as lessee(s), and
any and all assignments thereof or interests therein, as set forth below:
Recording Date:
Recording No.:
October 6, 2004
Reception No. 3225676
17. Terms, conditions, provisions, agreements and obligations contained in the Oil and Gas Lease by and
between Anadarko E&P Company LP, as lessor(s), and United States Exploration, Inc., as lessee(s), and
any and all assignments thereof or interests therein, as set forth below:
Recording Date:
Recording No.:
October 6, 2004
Reception No. 3225677
18. Reservation of all minerals and mineral rights of every kind and character as evidenced in Deed recorded
May 3, 2006 at Reception No. 3384344.
19. Easements, notes, terms, conditions, provisions, agreements and obligations contained in the Recorded
Exemption No. 1469-35-03 RE -4462 as set forth below:
Recording Date:
Recording No.:
January 24, 2007
Reception No. 3450532
20. Reservations contained in Special Warranty Deed recorded September 26, 2008 at Reception No.
3580602.
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21. Any and all water and mineral rights convcycd in Special Warranty Decd recorded September 26, 2008 at
Reception No. 3580602.
22. A deed of trust to secure an indebtedness in the amount shown below,
Trustor/Grantor :
Trustee:
Beneficiary:
Recording Date:
Recording No:
ALF Equinox Todd Creek Village North, LLC, a Colorado limited liability
company
Public Trustee of Weld County
Larry L. Rule and Rule Feedlot, Inc., a Colorado corporation and Hugh J.
Hawthorne and Lori L. Hawthorne and Larry Spence Rule and Connie L. Rule
September 26, 2008
Reception No. 3580603
23. Reservations contained in Special Warranty Deed recorded September 29, 2008 at Reception No.
3580625.
24. Any and all water and mineral rights as conveyed in Special Warranty Deed recorded September 29, 2008
at Reception No. 3580625.
25. A deed of trust to secure an indebtedness in the amount shown below,
Trustor/Grantor :
Trustee:
Beneficiary:
Recording Date:
Recording No:
ALF Equinox Todd Creek Village North, LLC, a Colorado limited liability
company
Public Trustee of Weld County
Larry Spencer Rule and Connie Lou Rule
September 29, 2008
Reception No. 3580626
26. Terms, conditions, provisions, agreements
Financing Statement as set forth below:
Recording Date:
Recording No.:
And
Recording Date:
Recording No.:
And
Recording Date:
Recording No.:
and obligations contained in the Operating Agreement and
February 10, 2010
Reception No. 2010001507 (Broomfield County Records)
April 13, 2010
Reception No. 3686503 (Weld County Records)
June 16, 2010
Reception No. 3080637 (Boulder County Records)
27. Terms, conditions, provisions, agreements and obligations contained in the Surface Use Agreement as set
forth below:
Recording Date:
Recording No.:
August 2, 2010
Reception No. 3708910
28. Terms, conditions, provisions, agreements and obligations contained in the Memorandum of Agreement
as set forth below:
Recording Date:
Recording No.:
August 5, 2010
Reception No. 3710011
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29. Terms, conditions, provisions, agreements and obligations contained in the Operating Agreement and
Financing Statement as set forth below:
Recording Date:
Recording No.:
February 7, 2011
Reception No. 3749384
30. Terms, conditions, provisions, agreements and obligations contained in the Assignment, Bill of Sale and
Conveyance as set forth below:
Recording Date:
Recording No.:
April 14, 2011
Reception No. 3762243
31. Terms, conditions, provisions, agreements and obligations contained in the Declaration of Pooling as set
forth below:
Recording Date:
Recording No.:
September 2, 2011
Reception No. 3790061
32. Terms, conditions, provisions, agreements and obligations contained in the Operating Agreement and
Financing Statement as set forth below:
Recording Date:
Recording No.:
October 7, 2011
Reception No. 3797347
33. Terms, conditions, provisions, agreements and obligations contained in the Oil and Gas Conservation
Commission as set forth below:
Recording Date:
Recording No.:
June 24, 2012
Reception No. 3850293
34. Terms, conditions, provisions, agreements and obligations contained in the Patent as set forth below:
Recording Date:
Recording No.:
May 20, 2013
Reception No. 3933607
35. Terms, conditions, provisions, agreements and obligations contained in the Oil and Gas Conservation
Commission as set forth below:
Recording Date:
Recording No.:
May 2, 2014
Reception No. 4013713 and Reception No. 4060170
36. Terms, conditions, provisions, agreements and obligations contained in the Operating Agreement and
Financing Statement as set forth below:
Recording Date:
Recording No.:
March 15, 2016
Reception No. 4188112 and Reception No. 4188113
37. Terms, conditions, provisions, agreements and obligations contained in the Operating Agreement and
Financing Statement as set forth below:
Recording Date:
Recording No.:
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December 12, 2016
Reception No. 4261138; Reception No. 4261143; Reception No. 4261162;
Reception No. 4261163; Reception No. 4261164; Reception No. 4261165
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38. Terms, conditions, provisions, agreements and obligations contained in the Operating Agreement and
Financing Statement as set forth below:
Recording Date:
Recording No.:
January 23, 2017
Reception No. 4271753; Reception No. 4271754; Reception No. 4271759;
Reception No. 4271760; Reception No. 4271790; Reception No. 4271791
39. Terms, conditions, provisions, agreements and obligations contained in the Operating Agreement and
Financing Statement as set forth below:
Recording Date:
Recording No.:
January 23, 2017
Reception No. 4271756; Reception No. 4271757; Reception No. 4271789;
Reception No. 4271792
40. Terms, conditions, provisions, agreements and obligations contained in the Operating Agreement and
Financing Statement as set forth below:
Recording Date:
Recording No.:
And
Recording Date:
Recording No.:
January 23, 2017
Reception No. 4271762; Reception No. 4271763; Reception No. 4271764;
Reception No. 4271765; Reception No. 4271766; Reception No. 4271767;
Reception No. 4271768; Reception No. 4271769; Reception No. 4271770
January 5, 2017
Reception No. 4314907
41. Terms, conditions, provisions, agreements and obligations contained in the Oil and Gas Conservation
Commission as set forth below:
Recording Date:
Recording No.:
March 28, 2017
Reception No. 4289098; Reception No. 4289100; Reception No. 4289104
END OF EXCEPTIONS
THIS IS A TITLE REPORT ONLY. This is not a commitment to insure.
The information set forth herein is based on information supplied to NCS Colorado, a division of Fidelity National
Title by sources believed to be reliable and is provided for accommodation purposes only. NCS Colorado, a
division of Fidelity National Title assumes no liability hereunder unless a policy or policies of title insurance are
issued by NCS Colorado, a division of Fidelity National Title and fully paid for and the insured under said policy or
policies and party to whom this report was issued have no knowledge of any defect in title not disclosed. Reliance
on the information set forth herein is subject to the issuance of a mortgage and/or owner's policy of title insurance
by NCS Colorado, a division of Fidelity National Title within six (6) months from the effective date hereof. If a title
insurance policy is not issued insuring the property within such time, this title report shall be null and void as of its
effective date and shall be deemed to have been furnished for informational purposes only.
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Exhibit C
LIMITATION LANGUAGE FOR LIMITATION TO AMOUNT OF FEE PAID FOR SEARCH
YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT IT IS EXTREMELY DIFFICULT, IF NOT IMPOSSIBLE,
TO DETERMINE THE EXTENT OF LOSS WHICH COULD ARISE FROM ERRORS OR OMISSIONS IN, OR
THE COMPANY'S NEGLIGENCE IN PRODUCING, THE REPORT. YOU RECOGNIZE THAT THE FEE
CHARGED IS NOMINAL IN RELATION TO THE POTENTIAL LIABILITY WHICH COULD ARISE FROM SUCH
ERRORS OR OMISSIONS OR NEGLIGENCE. THEREFORE, YOU UNDERSTAND THAT THE COMPANY WAS
NOT WILLING TO PROCEED IN THE PREPARATION AND ISSUANCE OF THE REQUESTED REPORT BUT
FOR YOUR AGREEMENT THAT THE COMPANY'S LIABILITY IS STRICTLY LIMITED.
YOU AGREE THAT MATTERS AFFECTING TITLE BUT WHICH DO NOT APPEAR AS A LIEN OR
ENCUMBRANCE AS DEFINED IN THE CUSTOMER AGREEMENT OR APPLICATION ARE OUTSIDE THE
SCOPE OF THE REPORT.
YOU AGREE, AS PART OF THE CONSIDERATION FOR THE ISSUANCE OF THIS REPORT AND TO THE
FULLEST EXTENT PERMITTED BY LAW, TO LIMIT THE LIABILITY OF THE COMPANY, ITS LICENSORS,
AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, CONTENT PROVIDERS, OR ANY OTHER
SUBSCRIBERS OR SUPPLIERS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AND SUBCONTRACTORS
FOR ANY AND ALL CLAIMS, LIABILITIES, CAUSES OF ACTION, LOSSES, COSTS, DAMAGES AND
EXPENSES OF ANY NATURE WHATSOEVER, INCLUDING ATTORNEY'S FEES, HOWEVER ALLEGED OR
ARISING INCLUDING BUT NOT LIMITED TO THOSE ARISING FROM BREACH OF CONTRACT,
NEGLIGENCE, THE COMPANY'S OWN FAULT AND/OR NEGLIGENCE, ERRORS, OMISSIONS, STRICT
LIABILITY, BREACH OF WARRANTY, EQUITY, THE COMMON LAW, STATUTE, OR ANY OTHER THEORY
OF RECOVERY OR FROM ANY PERSON'S USE, MISUSE, OR INABILITY TO USE THE REPORT, SO THAT
THE TOTAL AGGREGATE LIABILITY OF THE COMPANY, ITS EMPLOYEES, AGENTS AND
SUBCONTRACTORS SHALL NOT EXCEED THE COMPANY'S TOTAL FEE FOR THIS REPORT.
YOU AGREE THAT THE FOREGOING LIMITATION ON LIABILITY IS A TERM MATERIAL TO THE PRICE YOU
ARE PAYING WHICH PRICE IS LOWER THAN WOULD OTHERWISE BE OFFERED TO YOU WITHOUT SAID
TERM. YOU RECOGNIZE THAT THE COMPANY WOULD NOT ISSUE THIS REPORT, BUT FOR YOUR
AGREEMENT, AS PART OF THE CONSIDERATION GIVEN FOR THIS REPORT, TO THE FOREGOING
LIMITATION OF LIABILITY AND THAT ANY SUCH LIABILITY IS CONDITIONED AND PREDICATED UPON
THE FULL AND TIMELY PAYMENT OF THE COMPANY'S INVOICE FOR THIS REPORT.
THIS REPORT IS LIMITED IN SCOPE AND IS NOT AN ABSTRACT OF TITLE, TITLE OPINION, PRELIMINARY
TITLE REPORT, TITLE REPORT, COMMITMENT TO ISSUE TITLE INSURANCE, OR A TITLE POLICY, AND
SHOULD NOT BE RELIED UPON AS SUCH. IN PROVIDING THIS REPORT, THE COMPANY IS NOT ACTING
AS AN ABSTRACTOR OF TITLE. THIS REPORT DOES NOT PROVIDE OR OFFER ANY TITLE INSURANCE,
LIABILITY COVERAGE OR ERRORS AND OMISSIONS COVERAGE. THIS REPORT IS NOT TO BE RELIED
UPON AS A REPRESENTATION OF THE STATUS OF TITLE TO THE PROPERTY. THE COMPANY MAKES
NO REPRESENTATIONS AS TO THE REPORT'S ACCURACY, DISCLAIMS ANY WARRANTIES AS TO THE
REPORT, ASSUMES NO DUTIES TO YOU, DOES NOT INTEND FOR YOU TO RELY ON THE REPORT, AND
ASSUMES NO LIABILITY FOR ANY LOSS OCCURRING BY REASON OF RELIANCE ON THIS REPORT OR
OTHERWISE.
IF YOU DO NOT WISH TO LIMIT LIABILITY AS STATED HEREIN AND YOU DESIRE THAT ADDITIONAL
LIABILITY BE ASSUMED BY THE COMPANY, YOU MAY REQUEST AND PURCHASE A POLICY OF TITLE
INSURANCE, A BINDER, OR A COMMITMENT TO ISSUE A POLICY OF TITLE INSURANCE. NO
ASSURANCE IS GIVEN AS TO THE INSURABILITY OF THE TITLE OR STATUS OF TITLE. YOU EXPRESSLY
AGREE AND ACKNOWLEDGE THAT YOU HAVE AN INDEPENDENT DUTY TO ENSURE AND/OR
RESEARCH THE ACCURACY OF ANY INFORMATION OBTAINED FROM THE COMPANY OR ANY
PRODUCTS OR SERVICES PURCHASED.
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NO THIRD PARTY IS PERMITTED TO USE OR RELY UPON THE INFORMATION SET FORTH IN THIS
REPORT, AND NO LIABILITY TO ANY THIRD PARTY IS UNDERTAKEN BY THE COMPANY.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY,
ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, CONTENT PROVIDERS, OR
ANY OTHER SUBSCRIBERS OR SUPPLIERS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AND
SUBCONTRACTORS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY,
OR SPECIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, INCOME, SAVINGS, DATA, BUSINESS,
OPPORTUNITY, OR GOODWILL, PAIN AND SUFFERING, EMOTIONAL DISTRESS, NON -OPERATION OR
INCREASED EXPENSE OF OPERATION, BUSINESS INTERRUPTION OR DELAY, COST OF CAPITAL, OR
COST OF REPLACEMENT PRODUCTS OR SERVICES, REGARDLESS OF WHETHER SUCH LIABILITY IS
BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, THE COMPANY'S OWN FAULT AND/OR
NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTIES, FAILURE OF ESSENTIAL PURPOSE, OR
OTHERWISE AND WHETHER CAUSED BY NEGLIGENCE, ERRORS, OMISSIONS, STRICT LIABILITY,
BREACH OF CONTRACT, BREACH OF WARRANTY, THE COMPANY'S OWN FAULT AND/OR NEGLIGENCE
OR ANY OTHER CAUSES WHATSOEVER, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE
LIKELIHOOD OF SUCH DAMAGES OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY FOR SUCH
DAMAGES.
THESE LIMITATIONS WILL SURVIVE THE CONTRACT.
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LIMITATIONS OF LIABILITY
APPLICANT EXPRESSLY AGREES AND ACKNOWLEDGES THAT IT IS EXTREMELY DIFFICULT, IF NOT
IMPOSSIBLE, TO DETERMINE THE EXTENT OF LOSS WHICH COULD ARISE FROM ERRORS OR
OMISSIONS IN, OR THE COMPANY'S NEGLIGENCE IN PRODUCING, THE REPORT. APPLICANT
RECOGNIZES THAT THE FEE CHARGED IS NOMINAL IN RELATION TO THE POTENTIAL LIABILITY WHICH
COULD ARISE FROM SUCH ERRORS OR OMISSIONS OR NEGLIGENCE. THEREFORE, APPLICANT
UNDERSTANDS THAT THE COMPANY IS NOT WILLING TO PROCEED IN THE PREPARATION AND
ISSUANCE OF THE REQUESTED REPORT UNLESS THE COMPANY'S LIABILITY IS STRICTLY LIMITED.
APPLICANT AGREES WITH THE PROPRIETY OF SUCH LIMITATION AND AGREES TO BE BOUND BY ITS
TERMS.
THE LIMITATIONS ARE AS FOLLOWS AND THE LIMITATIONS WILL SURVIVE THE CONTRACT:
MATTERS AFFECTING TITLE BUT WHICH DO NOT APPEAR AS A LIEN OR ENCUMBRANCE, AS
DEFINED ABOVE, AMONG THE TITLE INSTRUMENTS ARE OUTSIDE THE SCOPE OF THE
REPORT.
APPLICANT AGREES, AS PART OF THE CONSIDERATION FOR THE ISSUANCE OF THE REPORT
AND TO THE FULLEST EXTENT PERMITTED BY LAW, TO LIMIT THE LIABILITY OF THE COMPANY,
ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, CONTENT
PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS, SUBSIDIARIES, AFFILIATES,
EMPLOYEES, AND SUBCONTRACTORS FOR ANY AND ALL CLAIMS, LIABILITIES, CAUSES OF
ACTION, LOSSES, COSTS, DAMAGES AND EXPENSES OF ANY NATURE WHATSOEVER,
INCLUDING ATTORNEY'S FEES, HOWEVER ALLEGED OR ARISING INCLUDING BUT NOT LIMITED
TO THOSE ARISING FROM BREACH OF CONTRACT, NEGLIGENCE, THE COMPANY'S OWN FAULT
AND/OR NEGLIGENCE, ERRORS, OMISSIONS, STRICT LIABILITY, BREACH OF WARRANTY,
EQUITY, THE COMMON LAW, STATUTE, OR ANY OTHER THEORY OF RECOVERY, OR FROM ANY
PERSON'S USE, MISUSE, OR INABILITY TO USE THE REPORT OR ANY OF THE MATERIALS
CONTAINED THEREIN OR PRODUCED, SO THAT THE TOTAL AGGREGATE LIABILITY OF THE
COMPANY AND ITS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AND
SUBCONTRACTORS SHALL NOT IN ANY EVENT EXCEED THE COMPANY'S TOTAL FEE FOR THE
REPORT.
APPLICANT AGREES THAT THE FOREGOING LIMITATION ON LIABILITY IS A TERM MATERIAL TO
THE PRICE THE APPLICANT IS PAYING WHICH PRICE IS LOWER THAN WOULD OTHERWISE BE
OFFERED TO THE APPLICANT WITHOUT SAID TERM. APPLICANT RECOGNIZES THAT THE
COMPANY WOULD NOT ISSUE THE REPORT, BUT FOR THIS CUSTOMER AGREEMENT, AS PART
OF THE CONSIDERATION GIVEN FOR THE REPORT, TO THE FOREGOING LIMITATION OF
LIABILITY AND THAT ANY SUCH LIABILITY IS CONDITIONED AND PREDICATED UPON THE FULL
AND TIMELY PAYMENT OF THE COMPANY'S INVOICE FOR THE REPORT.
THE REPORT IS LIMITED IN SCOPE AND IS NOT AN ABSTRACT OF TITLE, TITLE OPINION,
PRELIMINARY TITLE REPORT, TITLE REPORT, COMMITMENT TO ISSUE TITLE INSURANCE, OR A
TITLE POLICY, AND SHOULD NOT BE RELIED UPON AS SUCH. THE REPORT DOES NOT
PROVIDE OR OFFER ANY TITLE INSURANCE, LIABILITY COVERAGE OR ERRORS AND
OMISSIONS COVERAGE. THE REPORT IS NOT TO BE RELIED UPON AS A REPRESENTATION OF
THE STATUS OF TITLE TO THE PROPERTY. THE COMPANY MAKES NO REPRESENTATIONS AS
TO THE REPORT'S ACCURACY, DISCLAIMS ANY WARRANTIES AS TO THE REPORT, ASSUMES
NO DUTIES TO APPLICANT, DOES NOT INTEND FOR APPLICANT TO RELY ON THE REPORT, AND
ASSUMES NO LIABILITY FOR ANY LOSS OCCURRING BY REASON OF RELIANCE ON THE
REPORT OR OTHERWISE.
IF APPLICANT DOES NOT WISH TO LIMIT LIABILITY AS STATED HEREIN AND APPLICANT
DESIRES THAT ADDITIONAL LIABILITY BE ASSUMED BY THE COMPANY, APPLICANT MAY
REQUEST AND PURCHASE A POLICY OF TITLE INSURANCE, A BINDER, OR A COMMITMENT TO
ISSUE A POLICY OF TITLE INSURANCE. NO ASSURANCE IS GIVEN AS TO THE INSURABILITY OF
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THE TITLE OR STATUS OF TITLE. APPLICANT EXPRESSLY AGREES AND ACKNOWLEDGES IT
HAS AN INDEPENDENT DUTY TO ENSURE AND/OR RESEARCH THE ACCURACY OF ANY
INFORMATION OBTAINED FROM THE COMPANY OR ANY PRODUCTS OR SERVICES
PURCHASED.
NO THIRD PARTY IS PERMITTED TO USE OR RELY UPON THE INFORMATION SET FORTH IN THE
REPORT, AND NO LIABILITY TO ANY THIRD PARTY IS UNDERTAKEN BY THE COMPANY.
APPLICANT AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE
COMPANY, ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, CONTENT
PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS, SUBSIDIARIES, AFFILIATES, EMPLOYEES,
AND SUBCONTRACTORS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE,
EXEMPLARY, OR SPECIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, INCOME, SAVINGS, DATA,
BUSINESS, OPPORTUNITY, OR GOODWILL, PAIN AND SUFFERING, EMOTIONAL DISTRESS, NON -
OPERATION OR INCREASED EXPENSE OF OPERATION, BUSINESS INTERRUPTION OR DELAY, COST OF
CAPITAL, OR COST OF REPLACEMENT PRODUCTS OR SERVICES, REGARDLESS OF WHETHER SUCH
LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, THE COMPANY'S OWN FAULT
AND/OR NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTIES, FAILURE OF ESSENTIAL
PURPOSE, OR OTHERWISE AND WHETHER CAUSED BY NEGLIGENCE, ERRORS, OMISSIONS, STRICT
LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, THE COMPANY'S OWN FAULT AND/OR
NEGLIGENCE OR ANY OTHER CAUSES WHATSOEVER, AND EVEN IF THE COMPANY HAS BEEN
ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES OR KNEW OR SHOULD HAVE KNOWN OF THE
POSSIBILITY FOR SUCH DAMAGE
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