HomeMy WebLinkAbout20193957.tiffuaaxl3`% %E660
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TRIS DEED; ..I4ade this . 15th day of October : in- the year of our
Lord ane- thousand- nine hundred . fifty-three between SUSAN M. DAVIS of the City
and County of -.Denver, and.the State of Colorado, of the first part, and
DAVIS FAROS, INC., A Colorado corporation, of the County of Weld and State of
Colorado, of the second part; WI TI,ESSETH, That the said party of the first part,
for and in consideration of the sum of One Dollar to the said party of the first
part in hand paid by the said party of the second part, the receipt whereof is
hereby confessed and acknowledged, have remised, released, sold, conveyed and
QUIT CLAIMED, and,by these present do remise, release, sell, convey and QUIT CLAIM
unto the said party of the second part, its successors and assigns forever, all
the right, title, interest, claim.and demand which the said party of the first
part has in and to the following described real estate situate, lying and being
in the County of VELD and State of Colorado, to -wit:
All of ray right, title and interest in and to:
Parcel 1: The Ez of the NW ; the 13 of the NE': of the SW'-; and the a of the SE
of the SW:; and the WW1 of the NE;, and the 5E'a of the `i'IEand that part of the
SW- of the U lying East of the -McCall Lateral (now Bliss Lateral), all in Section
33, To:•mship 6 North, Range 65 West of the 6th P.Iti., Weld County, Colorado,
together with all water rights, lateral rights and rights of way belonging to
said land and used for the purpose of irrigating the same, and particularly 32
shares of the capital stock of The Neer Cache la Poudre Irrigating Conpany, 2h
shares of the capital stock of The Cache la Poudre Reservoir Company, and 15
shares of the capital stock of The Bliss Lateral Company.
Parcel 2: All of the He of Section tt, Township 5 North, Range 65 West of the 6th
P.-_., Weld County, Colorado, together with all water rights, lateral rights and
rights of tray belonging to said land and used for the purpose of irrigating the
same, and particularly 24 shares of the capitial stock of The New Cache la Poudre
Irrigating Company, 16 shares of the capital stock of The Cache la Poudre
Reservoir Company, and 14 shares of the capital stock of the Bliss Lateral
Company.
Parcel 3: The NO of Section 25, To:'rnship6 North, Range 64 Nest of the 6th P.n., -
Veld County, Colorado, containing 152 acres, tc=ether with Ii shares of the
capital stock of the Northside Lateral, and 16 shares of the capital stock of
The New Cache la Poudre Irrigating Company.
Parcel. !t: The Ei of the SE•.' of Section 20, Township 6 North, Range 65 'Ast of
the 6th sP.i•:., Weld County, Colorado, together with 12 shares of the capital stock
of the New Cache la Poudre Irrigating Company, 12 shares of the capital stock of
The Cache 1a Foudre Reservoir Company, and 1 share of the capital stock of the
Divide Lateral Company.
together with the improvements on all of the above described real estate.
TO HAVE= TO MOLD the same, together with all and singular the appurtenances
and privileges thereunto belonging or in anywise thereunto appeitaining, and all
the estate, ridit, title, interest and claim whatsoever, of the said party of -
the first part, either in.law or equity, to the only proper use, benefit and behoof
of the said party of the second part, its successors and assigns forever.
IN :.ITNESS UHEPEOF, The said party of the first part has hereunto set her
hand and seal the day and year first above wr'tten.
(SEAL)
STATE OF COLOI;1iW )
ss.
COUNPY OF 1•JELD )
The foregoing instrument was acknowledged before me this15th day of October
1953, by Susan N. Davis.
Witness my hand and official seal.
My... commission expires: October 1, 1957.
.. g,a. - J ary P lic
Ltp
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'"1 vy`yrEt. ,tip'..
'.I,JIi111111L•.
Actual Consideration Less Than :`100.00
AR2fl2fl919
}
B 1080 REC 02020919 08/15/85 14:10 $6.00 1/002
F 1275 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
RECORDER'S STAMP
THIS DEED, Mode Bs. —of the er July ,is85 ,
31st y
batweon Davis Farms, Inc., a Colorado corporatio
of the County of Weld and state of
Colorado, of the first part, and
Davis .Farms Liquidation Trust
whose legal address is BOO 8th Avenue, Suite 333,
Greeley, Colorado 80631
attn.: County of Weld and state of
Colorado, of the second purt,
W ITNESSETH, That the said party of the fetal port, fur and in consideration of the sum of
Ten Dollars ($10.00) and other good and valuable consider AtRs,
tot he said party of the first part in hand paid by the said party of the second part, the receipt whereof
is hereby confessed and acknowledged, hug remised, released, sold, conveyed and QUIT CLAIMED. and by these
presents does remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, its heirs,
successors and assigns, forever, all the right, title, interest, claim and demand which the said party of the first part
has in and to the fallowing described lot or parcel of land situate, lying and being in the County
of Weld and State of Colorado, to wit:
See Exhibit A attached hereto and by this reference
incorporated herein.
misxJaxecomexeeetxurdsoiaratocer
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
said part y of the first part, either in law or equity, to the only proper use, benefit and behoof of the said party of
the second pert, its heirs and assigns forever.
IN WITNESS WHEREOF, The said pert y of the first part has hereunto set itshund
and seal the day and year first above written.
Davis Farms, Inc., a Colorado
ISEALj
s, President
Signed, Sealed and Delivered io thy Presence of
STATE
OP COLORADO,
as.
County of
The foregoing instrument was acknowledged before me this J `7,4„)) day of l:91 i<L1,
f985by' Muriel H. Davis and Frank S. Davis, President and Secretary,
respectively of Davis Farms, Inc.
My commission expires 1n , . 1 , lee& Witness my hand and official seal.
Sr Davi
corporation
lu 1 D
Muriel B. Day
[SEAL[
Secretary
L;ra
No. 9]s,gitri.cts In DEED- Ilrwa.•,J I'•.hl:.b,,,E 1t:5 W. ,.114 a... ,,,d. r(t,s r4_,5 ,7lt.eea—j-ia
* Convenience Deed, no documentary fee required.
H•erry Publie.
B 1080 REC 02020919 08/15/85 14:10 $6.00 2/002
F 1276 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
All right, title and interest, including water
rights, that Davis Farms, Inc. has in real property
located in the State of Colorado.
r
B 1127 REC 02068938 09/10/86 12:57 $6.00 1/0O2
F 1380 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
Arc 20bti938
THIS DEED Made this
3th day of September ,
1986 ,between DAVIS FARMS LIQUIDATION TRUST
RECORDER'S STAMP
of the
Country; Weld and State of Colo-
rado, of the first part, and THE CITY OF THORNTON, a
9500 Civic Center Drive, Thornton, Colorado 80229
Colorado Municipal Corporation/ a corporation organised and
existing under and by virtue of the laws of the State of Colorado ,
of the second part:
WITNESsi;rll, That the said part y of the first part, for and in consideration of the sum of
ONE HUNDRED EIGHTY-FIVE THOUSAND AND NO/100 ($185,000.00) ----
�__.DOI T,ARC
to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is
hereby confessed and admowledged, has granted, bargained, sold and conveyed, and by these presents do es
grant, bargain, sell, convey and confirm, unto the said party of the second part, its successors 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:
A tract of land located in the Northeast Quarter (NE}) of Section 4. Township
5 North, Range 65 West of the 6th P.M. as more particularly described in Exhibit
"A" attached hereto and made a part hereof by reference;
TOGETHER WITH fifteen (15) shares of the Capital Stock of The New Cache LaPoudre
Irrigation Company; ten (10) shares of the Capital Stock of The New CacheLaPoudre
Reservoir Company; eight (8) shares of the Capital Stock of The Bliss Lateral
Company; 90 units of Northern Colorado Water Conservancy District; all wells and
associated well rights that are now part of the described property.
TOGETHER with all and singular the hereditament,, and appurtenances thereunto belonging or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all
the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in law
or equity, or, in and to the above bargained premises, with the hereditaments and appurtenances.
TO RAVE AND TO SOLD the said premises above bargained acid described, with the appurtenances, unto the
said party of the second part, its successors and assigns forever. And the said part y of the first part, for
it scl 1. its heirs, executors, and administrators, does covenant, grant, bargain and ogres to and with
the said party of the second part, its successors and assigns, that at the time of the ensealing and delivery of
these presents, it is well seized of the premises above conveyed, as of good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and ha s goad 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 nature
soever. SUBJECT TO taxes for the calendar year 1987 and subsequent years, the
Covenants, Conditions, Restrictions, Reservations, Easements, Rights, Rights of
Way and any Leases of record, if any;
and the above bargained premises in the quiet and peaceful possession of the said party of the second part, its
Mieteaa027. 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 has hereunto set its band
and seal the day and year first above written.
Signed, Sealed and Delivered in the Presence of
''1"M'., STATE OF COLORADO,
,'10 Li�1`'�• Weld ON' ''tr REICAR, Vice President
?'. �' County of
4-1 o 'r�nment was acknowledged before me this 8th day of September
Ig)@:rlai M. Kurtz, Trustee, and Conrad Greicar as Vice President of Intra-
Oti0rdeley, N.A., Trustee, both in their capacity as Trustees of Davis
fps Trust.
' .l 4�i expires: Dec. 30, 1988
} ri' i uad and afflda1
o Of apt %."
DAVIS FARMS LIOtIIDATIO RUST [SEAL]
.
- min&,KURTZ,ee M
[SF�iL]
IN EAWE3ir L O G1fl EI,FY, L d ; Trus
811Oth Street, rctey, CO 80632
Netere r'uWin
No. 94x. wwaa.N rr MCP io CoxroeAnox—r.r raew:r.v¢iTa aft d roumh1az Co. ,854.11 stout etr.tt. Nairn, Colorado -4.71
B 1127 REC 02068938 09/10/86 12:57 56.00 2/002
F 1381 MARY ANN FEQERSTEIN CLERK & RECORDER WELD CO, CO
EXHIBIT "A"
LEGAL DESCRIPTION:
A tract of land located in the Northeast Quarter of Section 4,
Township 5 North, Range 65 West of the 6th P.M., and being
more particularly described as follows:
BEGINNING at the North Quarter corner and considering the West line
of said Northeast Quarter to bear South 01°24'41" West with all
other bearings contained herein being relative thereto;
thence South 01°24'41" West, 1150.00 feet along the West line of the
Northeast Quarter of said Sedtiofto anwexisting
ngvfee nce
)line;
inerses:
thence along said,fence line by the following
South 82°26'00" East, 509.80 feet;
North 77°17'00' East, 589.30 feet;
South 01°07'00" West, 82.20 feet;
South 28°4 00" East, 39.0 feet;
South 00°46'00" West, 2263.70 feet;
South 83°16'00" East, 201.80 feet;
North 09°03'00" East, 164.80 feet;
North 88°31'00" East. 218.50 feet;
South 21°46'00" East, 481.30 feet;
South 00°30'00" East, 353.50 feet;
South 44'55'00" East, 237.00 feet;
South 26°57'00" East, 415.57 feet to a point on the South line of
said Northeast Quarter; thence South 88°14'05" East, 543.72 feet along said South line to
the East Quarter corner of said Section. 4;
thence North 01°26'00" East, 2573.23 feet to the Northeast corner
of said Section 4;
thence North 88°37.'06" West, 2656.8.6 feet to the POINT OF BEGINNING.
I
B 1127 REC 02066939 09/10/86 12:58 $6.00 1/002
F 1382 MARY ANN PEUERSTEIN CLERK & RECORDER WELD CO, CO
AR2Oa8n39
WARRANTY DEED
TIDS DEED, Made th,. 9th September -1986
Tt„_rrn The City of Thornton, a Colorado municipal
corporation
curpotatsun July NT:mired and et„ ing under and h} [ tnue ,rl the fau> u! the Slat,:
ct Colorado rralor. anJ
Noffsinger Manufacturing Co., Inc.
J ,„ tj,1,rjlh•n duly .rt_Jnrr:l and e, I,ling under and F} tlnur „I thr IJu. 01 the tl Ir
Colorado gr..nlee. „h.>+r t:ssJl addres, t.
Box 488, Greeley, Colorado 80632
K li'YF:\SF:1 II, Ihat it,: yr.uarr, t:.r „nJ NI a+a•IOCIOIS'u,,l lb[ •urn rl
Shah -cumentnry Fee
One hundred eighty five thousand ($185,000) & 00/100 DIn.LAks-
the rc.crplJnd•ulticrdncc„1i,hl. IInhealA,u.;Oh n,Irdgr,l.41111,granr:d.furgamrJ.,oldand e+,n,,, ed.andbyIh,s,prcrrm.J,, sgrrnl.tvrgarn.>tlI-
m,c; Jrr,l ,.'n llnn. nnh, file _ranl,,.u„1111e..,n.Jnd.r.•[gn, lirt,er, all thereat prupert i„ccthrtul[h flnptmernrnl.. tl any. .71Oth:. tV lug arul tl'in1
u, rhr ['.7111.:1h .a Weld and S,..re of 4-, dora,ln, de,cnhed,, fatims:
A tract of land located in the Northeast Quarter (NE4) of Section 4, Township 5
North, Range 65 West of the 6th P.M. as more particularly described in Exhibit
f1A" attached hereto and made a part hereof by reference;
TOGETHER tdlfi fifteen (15) shares of the Capital Stock of The New Cache LaPnudre'
Irrigating Company, ten (10) shares of the Capital Stock of The Cache TaPou re
Reservoir company; eight (8) shares of the Capital Stock of The Bliss Lateral
Company; and two (2) Irrigation Wells adjudicated under Civil C'aae No. 11217;
and 90 acre foot allotment of The Northern Colorado Water Conservancy District.
,J.,. I. ...ran h, ,trio end uuwl'r' .711.7
vg; k. p1IEk. o u t..dl su.l .u,_u14u rhr hrnvk,al,tcn[, _sod .g•pun.1,am:, rhn,vm.+ htlouc.nu. •o rn .,nti P l.c apptaalnrne. and the rot rr,ion and
11O11,111„It1.11,1rr,ua,ehlrr•.rcut..nwe..untpn•u5,III,',,, ,,alntallnm:.eari, newt-Inii,,rt a L.,:lJ[II1Jrol dinrrlyd ohaP..OO..Irhe ,rarn'H,
cOlul in Lars ul i q:ut,. ..1. ,n ..“61 1.. Iht .,h,uc katra,urd S`rinnh-. ,r 0th the h: rnlslanunl, Jnd appunenan:L'-
7 tt TIAVE ':'.I1'111 III Flit Inc ,a IJ prima t. .71,O,O1+.:se,onrd .11IIJ de,Ar c.I. u 111 @sr arrurleuance.. rink, the vs:ent e. rl. ,IgYe, ,r. arkf a,+igus
T,t,tr IaJ I!,__r.,aarha .n:Il. r,.u,,; .,',. an.la l,:,,..,b1+aw+„ant.pant. har.nn,n.IJ_t,-In aml u rtll the _ranice. in w:re„o;s and a,i=n,.
!h.,r .a n.: unrc- . a u.t ,,,.rxh,:e .11a•i .1: L, rn „r [I,c.: I•:,'. , .. ,: , 1.077 -1.711., 0; :hr jT: O1:1O+ df, 4l' .•'au ',oL. ha. C,5V. tire. i c::" anJ
u; -!t I: J -,!.?t r.t.11t.', ,:, ,. i.,n..•. Ill 1,1:, nx £cr-u+,;,!r. snJ !,.,.i:+�hr. I u!; p. •011-0 ,::J !a„1a!auliI.' . n,. F'Jr_arn-.ell ard:am� [he ...or.. en
worm,,. I art:; 1."rr11 41,N,..1.!..ill 0141 III. •.IIR, .,I, in'e and, ! •1: [; :1+ ai !, Th ud anJ 011:1': _rank. Lai. J,n•,r•J!e., 1,tt,,.IJ�I-J,•l•„r,t rte. ITti L'111f+ran:C. -
anJ:O,111.1111 K,•.11 akale:s1.,1111.1 nl n.rllll: •, :',z i. i\irpl subject to taxes for the calendar year of 1986 and,
subsequent years, the Covenants, Conditions, Restrictions, Reservations, Race- .
nests, Rights, Rights of Way and any of record, if any, and easements
apparent from visual inspection.
, nJ the .,it n r I,al _Jnn'.I prerin•t, sr; Ihe'n,tl and act...Mc It •,.t,.enu of the gr nlre, u, ,u:it,,.,t, and :1.,1,•0, alainsl all and Ran' prr.un nr potion.
1a•,.lull' clannish: or 2., .lawn [he ,•h:dr nl any r.n Iln-r wd. 1hr rranior shalt and uilf WARRANT AND Rik Iil'E:K PF.F-'LND.
IN IA Ii NESS ii1fEKEIIf: I1, cr1111.-, IL,-. ,:.,'.n,,F ii-. Lorp.24.1nS' urns'o,Tklurrunm,uh,:nhJhrrl, preside-M.anJi[,u.rpozne
- sal t„ he 'scrcuus., attl,,,l..anted by ,I. ,trn 1Jrc. Iht dar and 7.42.11" first ah.ne 0011050
1ttt,1: '
• '
'+fA7f iiFcolr1k'11111-
•r;K,
The City of Thornton
It,
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'ill,• l.rcp„rig m+, rumtnt 11.70 a.kn.,,, Iedp,d het, Ire ne ill sheCauutr ,d L-(.! -$(.a1 . slawof
• A -I. . 111, 9'44 day „i A ::/ L t/. Iy 14 . szy7t- V 1. £: fJ7l a•4
Manor x. aaXaatand rt:r. r y .1 1:ne t
munici
a,...:nrpn[atlrin.
of the State of Co
• •
diet ez, fe 33 : yea _ ; _ .. • �
a / xaccoosi
City Clerk
.11y a.u,na....•n t. pre'.
itline., nK hand and ark 'al ,rat
'tl ,n Denser. ln.ert "l"rn and. -
"n. 767- K,,.. 1-rt-1. ,.,kk7'.ItI'i 1111.1 ', rnnallw. rn t'w1,1•rarwu„ rGaluwJ l'l•S.J..nr�+•.c V. oh Mr, 1.11.,....,I I'Ti' M•t, •,. __,
B 1127 REC 02068939 09/10/86 12:58 $6.00 2/002
F 1383 MARY ANN FEUERSTEIN CLERK & RECORDER WELD C, Co
EXHIBIT "A"
LEGAL DESCRIPTION:
A tract of land located in the Northeast Quarter of Section 4,
Township 5 North, Range 65 West of the 6th P.M., and being
more particularly described as follows:
BEGINNING at the North Quarter corner and considering the West line
of said Northeast Quarter to bear South 01°24'41" West with all
other bearings contained herein being relative thereto;
thence South 01°24'41" West, 1150.00 feet along theWest line
eline; of the
Northeast Quarter of said Section 4 to an eXistingvf ill) inursesa
thence along saidefence line by the following
tweSouth 82°26'00" East, 509.80 feet;
North 77°17'00" East, 589.30 feet;
South 01°07'00" West, 82.20 feet;
South 28°44'00" East, 39.30 feet;
South 00°46'00" West, 226.70 feet;
South 83°16'00" East, 201.80 feet;
North 09°03'00" East, 164.80 feet;
North 88°31'00" East, 218.50 feet;
South 21°46'00" East, 481.30 feet;
South 00°30'00" East, 353.50 feet;
South 26°57'00" East, 415.57 feet to a point on the South line of
South 44°55'00" East, 237.00 feet;
said Northeast Quarter: said South line to
thence South 88°14'05" East, 543.72 feet along
the East Quarter corner of said Section_ 4;
thence North 01°26'00" East, 2573.23 feet to the Northeast corner
thence North 88°31'06" West, 2656.86 feet to:the POINT OF BEGINNING.
of said Section 4;
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File No. 6O39 -O2 -O001
JH
K24 }72S7
3898553 12/26/2012 12:56 PM
Total Pages: 4 Rec Fee: $26.00 Doc Fee: $90.00
Steve Moreno - Clerk and Recorder, Weld County, CO
After recording return to:
Terry Taylor
Soria Natural Resource Partners, LLC
619 N. Cascade Ave., Suite 200
Colorado Springs, CO 80903
GENERAL WARRANTY DEED
THIS GENERAL WARRANTY DEED is dated to be effective as of December c7, , 2012 and
is by and between NOFFSINGER MANUFACTURING CO., INC., a Colorado corporation
("Grantor"), whose legal address is P.O. Box 1105, Greeley, Colorado 80631, in the County of
Weld, State of Colorado, and SORIN NATURAL RESOURCE PARTNERS, LLC, a
Colorado limited liability company ("Grantee"), whose address is 619 N. Cascade Avenue,
Suite 200, Colorado Springs, Colorado 80903.
WITNESS, that Grantor, for and in consideration of the sum of Ten and 00/100 Dollars ($10.00)
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, hereby grants, bargains, sells, conveys and confirms unto Grantee and its
successors and assigns forever, all the real property, together with any improvements thereon,
located in the County of Weld and State of Colorado, legally described as follows (the
"Property"):
Parcel 1:
Lot B of Recorded Exemption No. 0961-04-1-RE1638, recoded November 30,
1994 as Reception No. 2417257, being a part of the NE 1/4 of Section 4,
Township 5 North, Range 65 West of the 6th P.M., County of Weld, State of
Colorado.
Parcel 2:
The West Half (W 'A) of the Northwest Quarter (NW %) and the West eighty feet
(80) of the East Half (E 'A) of the Northwest Quarter (NW 'A) of Section Two (2),
Township Five (5) North, Range Sixty-five (65) West of the 6th P.M., County of
Weld, State of Colorado,
EXCEPTING THEREFROM, A parcel of land described in Decree recorded in
Book 1225, Page 585, of the Weld County Records, which is described as
follows:
Beginning at a point on the West line of the Northwest Quarter (NW') of
Section Two (2), Township Five (5) North, Range Sixty-five (65) West of the 6th
P.M., 1915 feet South of the Northwest corner thereat thence South 500 feet,
more or less, along the West line of the Southwest corner of said Northwest
Quarter, thence East 1430 feet along the South line of said Northwest Quarter;
thence North 100.5 feet; thence North 74° 13'West, 1469.4 feet, more or less to the
place of beginning, County of Weld, State of Colorado;
3898553 12/26/2012 12:56 PM
Page 2 of 4
ALSO EXCEPTING THEREFROM, a parcel of land conveyed in Rule and Order
recorded July 30, 1982 in Book 973 at Reception No. 1899156, records of Weld
County, Colorado.
TOGETHER with all buildings, storage bins, houses and other improvements on or appurtenant
to the Property, all easements, servitudes, permits, and benefits appurtenant to the Property, and
all dirt, sand and gravel inventory.
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or
in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the
estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of,
in and to the above bargained premises, with the hereditaments and appurtenances;
EXCEPTING and reserving unto Grantor all oil, gas, hydrocarbons, and minerals of any type,
but excluding all sand, gravel, top soil, dirt, clay and stone rights, which are hereby conveyed to
Grantee.
TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto Grantee and its successors and assigns forever. Grantor, for Grantor and
Grantor's heirs and assigns, does covenant, grant, bargain, and agree to and with Grantee and its
successors and assigns: that at the time of the ensealing and delivery of these presents, Grantor is
well seized of the premises above described; has good, sure, perfect, absolute and indefeasible
estate of inheritance, in law and in fee simple; and has good right, full power and lawful
authority to grant, bargain, sell and convey the same in manner and form as aforesaid; and that
the same are free and clear from all former and other grants, bargains, sales, liens, taxes,
assessments, encumbrances and restrictions of whatever kind or nature so ever, except and
subject to those matters set forth on Exhibit A attached hereto and incorporated herein by this
reference;
And Grantor shall and will WARRANT AND FOREVER DEFEND the above described
premises in the quiet and peaceable possession of Grantee and its successors and assigns, against
the lawful claims of all and every person or persons claiming the whole or any part thereof.
Signature on following page
-2-
3898553 12/26/2012 12:56 PM
Page 3 of 4
IN WITNESS WHEREOF, Grantor has executed this deed on the date set forth above.
GRANTOR:
Noffsinger Manufacturing Co., Inc., a Colorado
corporation
By:
Print Name: ,Qa8 7�' i /chore t% e.e c7're .
Title: 4.e.e �dip..0
STATE OF COLORADO )
)ss-
COUNTY OF
The foregoing instrument was acknowledged before me thiso? t day of December, 2012
by Nar�-c 1.� r i t2� as 3Pr-S. A of Noffsinger
Manufacturing Co., Inc., a nlora.do corporation, on behalf of the company.
Witness my hand and official seal.
My commission expires:
[SEAL]
LESLIE 0. JOHNSON
NOTARY PUBLIC
STATE OF COLORADO
My Conurikteliart E,xpros Mot. 2$, 2013
Notary Public
-3-
3898553 12/26/2012 12:56 PM
Page 4of4
Exhibit A
1. Real property taxes for the year 2012, and subsequent years.
2. Patent recorded October 4, 1875 in Book 20 at Page 27, records of Weld County,
Colorado.
3. Patent recorded July 23, 1882 in Book 20 at Page 350, records of Weld County,
Colorado.
4. Patent recorded July 23, 1882 in Book 34 at Page 17, records of Weld County, Colorado.
5. Patent recorded October 23, 1889 in Book 34 at Page 142, records of Weld County,
Colorado.
6. Right -of -Way for Irrigation Canal as disclosed in document recorded October 2, 1883 in
Book 76 at Page 41, records of Weld County, Colorado.
7. Right -of -Way for County Roads, 30 feet wide on either side of all section and township
lines, as established by the Board of County Commissioners for Weld County, recorded
October 14, 1889 in Book 86 at Page 273, records of Weld County, Colorado.
8. Oil and Gas Lease recorded December 14, 1979 at Reception No. 1811945, records of
Weld County, Colorado. Affidavit of Extension of Oil and Gas Lease by Production
recorded October 6, 2008 at Reception No. 3582553, records of Weld County, Colorado.
9. Oil and Gas Lease recorded May 7, 1981 at Reception No. 185711, records of Weld
County, Colorado. Affidavit of Extension of Oil and Gas Lease by Production recorded
September 13, 2010 at Reception No. 3718145, records of Weld County, Colorado.
10. Pipeline Right -of -Way granted to Associated Natural Gas as recorded July 6, 1992 at
Reception No. 2294437, records of Weld County, Colorado.
11. Notes, easements and rights -of -way as shown on Recorded Exemption Plat recorded
November 30, 1994 at Reception No. 2417257, records of Weld County, Colorado.
12. Request for Notification of Surface Development recorded October 15, 2007 at Reception
No. 3511023, records of Weld County, Colorado.
4135284 08/20/2015 08:15 AM
Total Pages: 8 Rec Fee: $46.00 Doc Fee: $90.00
Carly Koppes - Clerk and Recorder, Weld County, CO
When recorded return to:
Global Asset Recovery, LLC
6530 Constitution Drive
Fort Wayne, IN 46804
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED is dated August k, 2015, and is by and between
Sarin Natural Resource Partners, LLC, a Colorado limited liability company, whose
mailing address is 1530 16th Street, Suite 300, Denver, CO 80202 ("Grantor") and Global
Asset Recovery, LLC, an Indiana limited liability company, whose mailing address is 6530
Constitution Drive, Fort Wayne, IN 46804 ("Grantee").
WITNESS, that Grantor, for and in consideration of the sum of Ten and 00/100 Dollars ($10.00)
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, hereby grants, bargains, sells, conveys and confirms unto Grantee and its
successors and assigns, that certain real property located in the Weld County, Colorado, legally
described on Fthn,It A attached hereto and incorporated herein by this reference (the
P ropert►").
also known by street address (for informational purposes only) as: n/a.
TOGETHER with all and singular the heaeditaments and appurtenances thereunto belonging, or
in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the
estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of,
in and to the above bargained Property, with the hereditaments and appurtenances; and
SUBJECT TO, AND RESERVING TO GRANTOR, ownership of all water and water rights
owned by Grantor and related to or appurtenant to the Property, including but not limited to all
capital stock or shares owned by Grantor in the New Cache La Poudre Irrigating Company
(including fifteen (15) shares of capital stock in the New Cache La Poudre Irrigating Company
(represented by share certificate number 4875), Cache La Poudre Reservoir Company (including
ten (10) shares of capital stock in the Cache La Poudre Reservoir Company (represented by share
certificate number 4107), and the Bliss Lateral Ditch Company, irrigation well and permit
number 14960-R, and all tributary, non-tr butary, not non -tributary interests, groundwater rights,
wells and well permits and rights, ditches and ditch rights, and any other ditch and water
company stock, whether decreed or un-decreed, appurtenant to or historically used in connection
with the Property, and infrastructure related to the water rights and irrigation system
(collectively, including the infrastructure and improvements, the "Water Rights").
Notwithstanding Grantor's reservation of the Water Rights, Grantee shall have the right,
contingent upon obtaining all necessary approvals, to store free river water on the Property,
provided that Grantee's exercise of its rights under this sentence shall be consistent with
Grantor's Storage Rights (defined and described in Exhibit B attached hereto) and Grantor's
reservation of the Water Rights. Grantee and Grantor shall share free river water pro rata
according to total water storage on the Property compared to Grantor's Storage Rights and
Grantee's remaining storage rights, and subject to Grantee's and Grantor's respective storage
)SI Sal83
4135284 08/20/2015 08:15 AM
Page 2 of 8
decrees and junior water right decrees. In addition, Grantee shall have the tight, contingent upon
obtaining all necessary approvals (including approval from the respective ditch companies), to
divert water from the New Cache La Poudre Irrigating Company, Cache La Poudre Reservoir
Company and the Bliss Lateral Ditch Company systems and to store water from such systems on
the Property. Grantee's rights „nd r the foregoing sentence shall be separate from Grantor's
reserved Water Rights. Grantor shall have a priority right to twenty (20) cubic feet per second
(cfs) carriage in the Bliss Lateral Ditch Company system for conveyance of water to the
Property, and any carriage agreement Grantee enters into for the Bliss Lateral Ditch Company
shall be junior to Grantor's right (provided that if Grantor does not participate in the Storage
Rights (as defined herein), then Grantor's priority carriage right to deliver water to the Property
shall be forfeited, but any other rights Grantor has in the Bliss Lateral Ditch Company system
�h i11 not be affected); and
SUBJECT TO, AND RESERVING TO GRANTOR, certain water storage rights as set forth
on Exhibit B attached hereto and incorporated herein by this reference.
TO HAVE AND TO HOLD the said Property above bargained and described, with the
appurtenances, unto Grantee and its successors and assigns forever. Grantor, for itself and its
successors, does covenant and agree that Grantor shall and will warrant and forever defend the
above described Property in the quiet and peaceable possession of Grantee and its successors and
assigns, against the lawful claims of all and every person or persons claiming the whole or any
part thereof by, through, or under Grantor, except arKl subject to taxes for the calendar year 2015
and beyond, Grantor's reservation of Water Rights and the water storage rights, as set forth
herein, and those matters set forth on uxhibit C attached hereto and incorporated herein by this
reference.
[Signature and notary appear on the following page]
4135284 08/2012015 08:15 AM
Page 3 of 8
IN WITNESS WI EREOF, Grantor has executed this deed on the date set forth above.
Soria Nate *eavurce Partners, LLC, a Colorado limited liability company
By:
Name:
Title: Authorized Reptesentative
STATE OF COLORADO )
) ss.
COUNTY OF EL PASO )
ram -gown ' as acknowledged before me this day of
_ Authorized Representative of Sarin
LLC, a Colorado limited liability company, on behalf of the company.
}S4— , 2015,
Nuraesource Partners,
WITNESS my hand and offi seal.
My commission ex t ires: c GP=7 outz...46,,,,
SUSAN
M JEN!
STATE OP COLORADO Notary Public
NOTARY lb 0 20124071214
R07 201
`on of the Property .
Exhibit B — Water Storage Reservation
Exhibit C — Permitted Exceptions
4135284 08/20/2015 08:15 AM
Page 4 of 8
Exhibit A
Legal Description
LOT B, RECORDED EXEMPTION NO. 0951-04-1-RE1638, RECORDED NOVEMBER 30,
1994 AS RECEPTION NO. 2417257, BEING A PART OF THE NE 1/4 OF SECTION 4,
TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE
OF COLORADO
4135284 08/20/2015 08:15 AM
Page 5 of 8
Exhibit B
Water Storage Reservation
Grantor hereby reserves, subject to the following conditions, the right of up to one thousand
(1,000) acre-feet of water storage on the Property, within an area mined by Grantee or its
successors, together with easements required for access, water conveyance, and as otherwise
needed to utilize the water storage (the "Storage Rights").
a. Grantee or its successors, at a future time and in its sole discretion, shall
determine whether, or not, to install a slurry wall/liner within said Property.
b. Grantor shall have the right (but not the obligation) to participate, on a pro -rata
basis, in the cost of the slurry wall/liner. Pro -rata basis, as herein defined, shall be the total cost
of installing an area enclosed by a slurry wall/liner times the ratio of the Grantor's storage area
(up to 1,000 acre-feet, determined under c. immediately below) divided by the total storage area.
For example, if total cost of a slurry wall/liner is $1,600,000 to create 2,000 acre feet of storage,
and Grantor elects the full 1,000 acre-feet, Seller's cost participation would be: $1,600,000 x
(1000/2000) = $800,000.
c. At such time that Grantee (or its successors) notifies Grantor of decision to install
said slurry wall/liner, Grantee shall also deliver to Grantor a detailed mining plan, which
includes the operator, slurry wall/liner design, and costs. Grantor shall have sixty (60) days to
decide whether or not to participate in the cost of installation, and to notify Grantee how much
storage Grantor elects to use (up to 1,000 acre feet). If Grantor decides not to participate in the
cost of said installation during said sixty (60) day period, or does not reimburse Grantee for
Grantor's proportional share as work is completed and costs become due, Grantor forever forfeits
all rights in said water storage.
d. This reservation shall run with the Property and shall be for the benefit of and
binding upon, Grantor and Grantee and their respective successors and assigns. Every person
who now or hereafter owns or acquires any right, tide, estate or interest in or to the Property is
and shall be conclusively deemed to have consented and to have agreed to this reservation,
whether or not any reference to the reservation is contained in the instrument by which such
person acquires an interest in the Property. If Grantor forfeits rights in said water storage under
c. immediately above, then Grantor and Grantee (or their respective successors and assigns) shall
record a termination of this reservation.
e. Any notice required by this reservation schall be sent in writing, postage prepaid
by certified or registered mail, by nationally recognized overnight courier, by e-mail
(transmission confirmed), by facsimile (transmission confirmed), or by hand delivery, addressed
to the other party as set forth in the first paragraph to the Special Warranty Deed, or to such other
address as designated by the other party (which may be by notice to the first party or by
recording a change in notice address). Such notice shall be deemed given three (3) days after
being mailed, one (1) day after sending by overnight courier, upon transmission by e-mail or
facsimile, and upon hand delivery. For purposes of calculating any time periods including notice
4135284 08/20/2015 0815 AM
Page 6 of 8
deadlines under this provision, if the last day therefore falls upon a Saturday, Srndi+y or legal
holiday, the last day shall be deemed to be the next day which is not a Saturday, Sunday or legal
holiday.
4135284 08/20/2015 08:15 AM
Page 7 of 8
Exhibit C
Permitted Exceptions
1, Liens of taxes, assessments and other governmental charges not yet due and payable
2. (a) Any facts, rights, interests, or Haim& thereof, not shown by the Public Records
but that could be ascertained by an inspection of the Land or that maybe asserted by persons in
possession of the Land.
(b)
Records.
Easements, liens or encumbrances, or rlairos thereof, not shown by the Public
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance
affecting the Title that would be disclosed by an accurate and complete land survey of the Land
and not shown by the Public Records.
(d) (1) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts
authorizing the issuance thereof; (iii) water rights, claims or title to water.
(e) RIGHT OF WAY FOR COUNTY ROADS 30 FEET ON EITHER SIDE OF
SECTION AND TOWNSHIP LINES, AS ESTABLISHED BY THE BOARD OF COUNTY
COMMISSIONERS FOR WELD COUNTY, RECORDED OCTOBER 14, 1889 IN BOOK 86
AT PAGE 273.
(f) RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND
REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR
INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED
SEPTEMBER 161875, IN BOOK 20 AT PAGE 27.
(g) RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND
REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR
INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED
OCTOBER 221889, IN BOOK 34 AT PAGE 142.
(h) RIGHT OF WAY FOR CANAL AS SET FORTH IN INSTRUMENT
RECORDED OCTOBER 2, 1883 IN BOOK 76 AT PAGE 41.
(i) OIL AND GAS LEASE RECORDED MAY 07, 1981 UNDER RECEPTION
NO. 1857111 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN.
EXTENSION OF THE ABOVE LEASE AS CLAIMED BY AFFIDAVIT OF
PRODUCTION WAS RECORDED SEPTEMBER 13, 2010 UNDER RECEPTION NO.
3718145.
(j) RIGHT OF WAY EASEMENT AS GRANTED TO ASSOCIATED NATURAL
4135284 08/20/2015 08:15 AM
Page 8 of 8
GAS IN INSTRUMENT RECORDED JULY 06, 1992, UNDER RECEPTION NO. 2294437.
(k) EASEMENTS, CONDMONS, COVENANTS, RESTRICTIONS,
RESERVATIONS AND NOTES ON THE PLAT OF EXEMPTION RECORDED
NOVEMBER 30, 1994 AT RECEPTION NO. 2417257.
(1) TERMS, CONDITIONS AND PROVISIONS OF REQUEST FOR
NOTIFICATION RECORDED OCTOBER 15, 2007 AT RECEPTION NO. 3511023.
(m) ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS
RESERVED IN INSTRUMENT RECORDED DECEMBER 26, 2012, UNDER RECEPTION
NO. 3898553, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS
THEREIN.
3. Grantor's reservation of the Water Rights set forth in this Deed.
4. Grantor's reservation of Storage Rights set forth in this Deed.
5. Dry -Up Covenant and Easement Agreement to be executed and recorded immediately
following this Deed (including for reference purposes).
HT( Heritage
Title Company
(j Commonwealth"
TITLE DEPARTMENT —DELIVERY TRANSMITTAL
7251 West 20th Street, Building L, Suite 100
Greeley, CO 80634
(970) 330-4522 Fax: (866) 828-0844
DATE: October 24, 2018
FILE NUMBER: H0547965
GUARANTEE NUMBER: CO-FFAH-IMP-81COG6-1-18-H0547965
PROPERTY ADDRESS: 960 E. C Street, Greeley, CO 80631
TO: J&T Consulting, Inc.
305 Denver Ave.
Suite D
Fort Lupton, CO 80621
REF NO.: 095104100011
if checked, supporting documentation enclosed
ATTN: Todd Yee
PHONE: (303) 857-6222
MOBILE: (303) 947-8742
FAX: (303) 857-6224
E-MAIL: toddyeegcij-tconsulting.com
DELIVERY: Email
NO. OF COPIES: 1
END OF TRANSMITTAL
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND
STIPULATIONS OF THIS GUARANTEE.
r�
Guarantee No.: CO-FFAH-IMP-81COG6-1-18-H0547965
Commonwealth Land Title Insurance Company
a Florida corporation, herein called the Company
GUARANTEES
Global Asset Recovery, 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.
Commonwealth Land Title Insurance Company
Countersigned:
By:
Authorized Officer or Agent
Ei
Ray d y Quirt Pcasidant
Atte
I�I,chaa.Gra,eII Sacittary'
81 COG6 Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6!6!92)
Order No.: H0547965-820-GRO Guarantee No.: CO-FFAH-IMP-81 COG6-1-18-110547965
Order No.: H0547965-820-GRO
Liability: $160.00
1. Name of Assured:
SCHEDULE A
CHAIN OF TITLE GUARANTEE
Guarantee No.: CO-FFAH-IMP-81COG6-1-18-H0547965
Fee: $160.00
Global Asset Recovery, LLC, an Indiana limited liability company
2. Effective Date of Guarantee:
October 19, 2018 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
Global Asset Recovery, LLC, an Indiana limited liability company
pursuant to a Special Warranty Deed recorded August 20, 2015 at Reception Number 4135284 in and to the land described as
follows:
See Exhibit A attached hereto and made a part hereof.
Only the following deeds and recorded exemption maps appear in such records subsequent to October 17, 1953:
Reception No. 1165888 Book 1371 Page 600
Reception No. 2020919 Book 1080
Reception No. 2068938 Book 1127
Reception No. 2068939 Book 1127
Reception No.2417252 Book 1469
Reception No. 3898553
Reception No. 4135284
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.
81 COG6 Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6!6!92)
Order No.: H0547965-820-GRO Guarantee No.: CO-FFAH-IMP-81COG6-1-18-110547965
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO IN THIS GUARANTEE IS DESCRIBED AS FOLLOWS:
Lot B, Recorded Exemption No. 0961-04-1-RE1638, recorded November 30, 1994 as Reception No. 2417257, being a
part of the NE 1/4 of Section 4, Township 5 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado.
81 COG6 Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6/6!92)
Order No.: H0547965-820-GRO Guarantee No.: CO-FFAH-IMP-81COG6-1-18-110547965
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).
81 COG6 Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6/6!92)
Order No. H0547965-820-GRO Guarantee No. CO-FFAH-IMP-81 COG6-1-18-H0547965
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the
fol lowing:
(a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records.
(b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in
taxes or assessments, or notices of such proceedings, whether or not the natters excluded under (1) or (2) are shown by the records of the taxing authority or
by the public records.
(c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water,
whether or not the matters excluded under (1), (2) or (3) are shown by the public records.
2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of
the following:
(a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the
description set forth in Schedule A of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to
maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are
expressly and specifically set forth in said description.
(b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assume or
agreed to by one or more of the Assures; (2) which result in no loss to the Assured; or (3) which do not result in the validity or potential invalidity of any
judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided.
The identity of any party shown or referred to in Schedule A.
The validity, legal effect or priority of any matter shown or referred to in this Guarantee.
(c)
(d)
GUARANTEE CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS.
The following terms when used in the Guarantee mean:
(a) the "Assured": the party or parties named as the Assured in this
Guarantee, or on a supplemental writing executed by the Company.
(b) "land": the land described or referred to in Schedule A, and
improvements affixed thereto which by law constitute real property. The term
"land" does not include any property beyond the lines of the area described or
referred to in Schedule A, nor any right, title, interest, estate or easement in
abutting streets, roads, avenues, alleys, lanes, ways or waterways.
(c) "mortgage": mortgage, deed of trust, trust deed, or other security
instrument.
(d) "public records": records established under state statutes at Date of
Guarantee for the purpose of imparting constructive notice of matters relating
to real property to purchasers for value and without knowledge.
(e) "date": the effective date 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 Assure hereunder of any claim of title or interest
which is adverse to the title to the estate or interest, as stated herein, and which
might cause loss or damage for which the Company may be liable by virtue of
this Guarantee. If prompt notice shall not be given to the Company, then all
liability of the Company shall terminate with regard to the matter or matters for
which prompt notice is required; provided, however, that failure to notify the
Company shall in no case prejudice the rights of any Assured under this
Guarantee unless the Company shall be prejudiced by the failure and then only
to the extent of the prejudice.
3. NO DUTY TO DEFEND OR PROSECUTE.
The Company shall have no duty to defend or prosecute any action or
proceeding to which the Assured is a party, notwithstanding the nature of any
allegation in such action or proceeding.
4. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS;
DUTY OF ASSURED CLAIMANT TO COOPERATE.
Even though the Company has no duty to defend or prosecute as set forth
in Paragraph 3 above:
(a) The Company shall have the right, at its sole option and cost, to
institute and prosecute any action or proceeding, interpose a defense, as limited
in (b), or to do any other act which in its opinion may be necessary or desirable
to establish the title to the estate or interest as stated herein, or to establish the
lien rights of the Assured, or to prevent or reduce loss or damage to the
Assured. The Company may take any appropriate action under the terms of this
Guarantee, whether or not it shall be liable hereunder, and shall not thereby
concede liability or waive any provision of this Guarantee. If the Company
shall exercise its rights under this paragraph it shall do so diligently
(b) If the Company elects to exercise its options as stated in Paragraph
4(a) the Company shall have the right to select counsel of its choice (subject to
the right of such Assured to object for reasonable cause) to represent the
Assured and shall not be liable for and will not pay the fees of any other
counsel, nor will the Company pay any fees, costs or expenses incurred by an
Assure in the defense of those causes of action which allege matters not
covered by this Guarantee.
(c) Whenever the Company shall have brought an action or interposed a
defense as permitted by the provisions of this Civarantee, the Company may
pursue any litigation to final determination by a court of competent jurisdiction
and expressly reserves the right, in its sole discretion, to appeal from an
adverse judgment or order.
(d) In all cases where this Guarantee permits the Company to prosecute
or provide for the defense of any action or proceeding, an Assured shall secure
to the Company the right to so prosecute or provide for the defense of any
action or proceeding, and all appeals therein, and permit the Company to use, at
its option, the name of such Assured for this purpose. Whenever requested by
the Company, an Assured, at the Company's expense, shall give the Company
all reasonable aid in any action or proceeding, securing evidence, obtaining
witnesses, prosecuting or defending the action or lawful act which in the
opinion of the Company may be necessary or desirable to establish the title to
the Assured. If the Company is prejudiced by the failure of the Assured to
furnish the required cooperation, the Company's obligations to the Assured
under the Guarantee shall terminate.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 2 of these
Conditions and Stipulations have been provided to the Company, a proof of
loss or damage signed and sworn to by the Assured shall be furnished to the
Company within ninety (90) days after the Assured shall ascertain the facts
giving rise to the loss or damage. The proof of loss or damage shall describe
the matters covered by this Guarantee which constitute the basis of loss or
damage and shall state, to the extent possible, the basis of calculating the
amount of the loss or damage. If the Company is prejudice by the failure of the
Assured to provide the required proof of loss or damage, the Company's
obligation to such assured under the Guarantee shall terminate. In addition, the
Assured may reasonably be required to submit to examination under oath by
any authorized representative of the Company and shall produce for
examination, inspection and copying, at such reasonable times and places as
may be designated by any authorized representative of the Company, all
records, books, ledgers, checks, correspondence and memoranda, whether
bearing a date before or after Date of Guarantee, which reasonably pertain to
the loss or damage. Further, if requested by any authorized representative of the
Company, the Assured shall grant its permission, in writing, for any authorized
representative of the Company to examine, inspect and copy all records, books,
ledgers, checks, correspondence and memoranda in the custody or control of a
third party, which reasonably pertain to the loss or damage. All information
designated as confidential by the Assure provided to the Company pursuant to
this Section shall not be disclosed to others unless, in the reasonable judgment
of the Company, it is necessary in the administration of the claim. Failure of
the Assure to submit for examination under oath, produce other reasonably
requested information or grant permission to secure reasonably necessary
information from third parties as required in the above paragraph, unless
prohibited by law or governmental regulation, shall terminate any liability of
the Company under this Guarantee to the Assured for that claim.
81COG6
Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6!6!92)
Order No.: 110547965-820-GRO
Guarantee No.: CO-FFAH-IMP-81COG6-1-18-110547965
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS:
TERMINATION OF LIABILITY.
In case of a claim under this Guarantee, the Company shall have the
following additional options:
(a) To Pay or Tender Payment of the Amount of Liability or to
Purchase the Indebtedness.
The Company shall have the option to pay or settle or compromise for or
in the name of the Assured any claim which could result in loss to the Assured
within the coverage of this Guarantee, or to pay the full amount of this
Guarantee or, if this Guarantee is issued for the benefit of a holder of a
mortgage or a lienholder, the Company shall have the option to purchase the
indebtedness secured by said mortgage or said lien for the amount owing
thereon, together with any costs, reasonable attorneys' fees and expenses
incurred by the Assured claimant which were authorized by the Company up to
the time of purchase.
Such purchase, payment or tender of payment of the full amount of the
Guarantee shall terminate all liability of the Company hereunder. In the event
after notice of claim has been given to the Company by the Assured the
Company offers to purchase said indebtedness, the owner of such indebtedness
shall transfer and assign said indebtedness, together with any collateral
security, to the Company upon payment of the purchase price.
Upon the exercise by the Company of the option provided for in
Paragraph (a) the Company's obligation to the Assured under this Guarantee
for the claimed loss or damage, other than to make the payment required in that
paragraph, shall terminate, including any obligation to continue the defense or
prosecution of any litigation for which the Company has exercised its options
under Paragraph 4, and the Guarantee shall be surrendered to the Company for
cancellation.
(b) To Pay or Otherwise Settle With Parties Other Than the Assured or
With the Assured Claimant.
To pay or otherwise settle with other parties for or in the name of an
Assured claimant any claim assured against under this Guarantee, together with
any costs, attorneys' fees and expenses incurred by the Assured claimant which
were authorized by the Company up to the time of payment and which the
Company is obligated to pay.
Upon the exercise by the Company of the option provided for in
Paragraph (b) the Company's obligation to the Assured under this Guarantee
for the claimed loss or damage, other than to make the payment required in that
paragraph, shall terminate, including any obligation to continue the defense or
prosecution of any litigation for which the Company has exercised its options
under Paragraph 4.
7. DETERMINATION AND EXTENT OF LIABILITY.
This Guarantee is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the Assured claimant who has suffered loss or
damage by reason of reliance upon the assurances set tbrth in this Guarantee
and only to the extent herein described, and subject to the Exclusions From
Coverage of This Guarantee.
The liability of the Company under this Guarantee to the Assured shall
not exceed the least of:
(a) the amount of liability stated in Schedule A or in Part 2;
(b) the amount of the unpaid principal indebtedness secured by the
mortgage of an Assured mortgagee, as limited or provided under Section 6 of
these Conditions and Stipulations or as reduced under Section 9 or these
Conditions and Stipulations, at the time the loss or damage assured against by
this Guarantee occurs, together with interest thereon; or
(c) the difference between the value of the estate or interest covered
hereby as stated herein and the value of the estate or interest subject to an
defect, lien or encumbrance assured against by this Guarantee.
R. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged defect,
lien or encumbrance, or cures any other matter assured against by this
Guarantee in a reasonably diligent manner by any method, including litigation
and the completion of any appeals therefrom, it shall have fully performed its
obligations with respect to that matter and shall not be liable for any loss or
damage caused thereby.
(b) In the event of any litigation by the Company or with the
Company's consent, the Company shall have no liability for loss or damage
until there has been a final determination by a court of competent jurisdiction,
and disposition of all appeals therefrom, adverse to the title, as stated herein.
(c) The Company shall not be liable for loss or damage to any Assured
for liability voluntarily assumed by the Assured in settling any claim or suit
without the prior written consent of the Company.
9. REDUCTION OF LIABILITY OR TERMINATION OF
LIABILITY.
All payments under this Guarantee, except payments made for costs,
attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount
of liability pro tanto.
10. PAYMENT OF LOSS.
(a) No payment shall be made without producing this Guarantee for
endorsement of the payment unless the Guarantee has been lost or destroyed, in
which case proof of loss or destruction shall be furnished to the satisfaction of
the Company.
(b) When liability and the extent of loss or damage has been definitely
fixed in accordance with these Conditions and Stipulations, the loss or damage
shall be payable within thirty (30) days thereafter.
11. SUBROGATION UPON PAYMENT OR SETTLEMENT.
Whenever the Company shall have settled and paid a claim under this
Guarantee, all right of subrogation shall vest in the Company unaffected by any
act of the Assure claimant.
The Company shall be subrogated to and be entitled to all rights and
remedies which the Assured would have had against any person or property in
respect to the claim had this Guarantee not been issued. If requested by the
Company, the Assured shall transfer to the Company all rights and remedies
against any person or property necessary in order to perfect this right of
subrogation. The Assured shall permit the Company to sue, compromise or
settle in the name of the Assured and to use the name of the Assured in any
transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not full cover the loss of the
Assured the Company shall be subrogated to all rights and remedies of the
Assured after the Assured shall have recovered its principal, interest, and costs
of collection.
12. ARBITRATION.
Unless prohibited by applicable law, either the Company or the Assured
may demand arbitration pursuant to the Title Insurance Arbitration Rules of the
American Arbitration Association. Arbitrable matters may include, but are not
limited to, any controversy or claim between the Company and the Assured
arising out of or relating to this Guarantee, any service of the company in
connection with its issuance of the breach of a Guarantee provision or other
obligation. All arbitrable matters when the Amount of Liability is 51,000,000
or less shall be arbitrated at the option of either the Company or the Assured.
All arbitrable matters when the amount of liability is in excess of 51,000,000
shall be arbitrable only when agreed to by both the Company and the Assured.
The Rules in effect at Date of Guarantee shall be binding upon the parties. The
award may include attorneys' fees to a prevailing party. Judgment upon the
award rendered by the Arbitrator(s) may be entered in any court having
jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the
Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
13. LIABILITY LIMITED TO THIS GUARANTEE; GUARANTEE
ENTIRE CONTRACT.
(a) This Guarantee together with all endorsements, if any, attached
hereto by the Company is the entire Guarantee and contract between the
Assured and the Company. In interpreting any provision of this Guarantee, this
Guarantee shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence,
or any action asserting such claim, shall be restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can be made
except by a writing endorsed hereon or attached hereto signed by either the
President, a Vice President, the Secretary, an Assistant Secretary, or validating
officer or authorized signatory of the Company.
14. NOTICES, WHERE SENT.
All notices required to be given the Company and any statement in
writing required to be furnished the Company shall include the number of this
Guarantee and shall be addressed to the Company at:
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Claims Department
Post Office Box 45023
Jacksonville, FL 32232-5023
81COG6
Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6!6!92)
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