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Home My WebLink About20190848.tiffHT( 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 19, 2018 FILE NUMBER: H0547236 GUARANTEE NUMBER: CO-FFAH-IMP-81COG6-1-18-H0547236 PROPERTY ADDRESS: none shown, Weld County, CO YOUR REFERENCE N UMBER: 130320000004 TO: Cureton Midstream, LLC 518 17th St. Suite 650 Denver, CO 80202 if checked, supporting documentation enclosed ATTN: Nick Holland PHONE: (720) 390-4506 MOBILE: (303) 324-5967 FAX: (000) 000-0000 E-MAIL: nick.holland�acuretonmidstream.com DELIVERY: Email NO. OF COPIES: I 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-H0547236 Commonwealth Land Title Insurance Company a Florida corporation, herein called the Company GUARANTEES KAUFFMAN BROTHERS LIMITED PARTNERSHIP, a Colorado limited partnership 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.: 110547236-820-GRO Guarantee No.: CO-FFAH-IMP-81 COG6-1-18-110547236 Order No.: H0547236-820-GRO Liability: $145.00 1. Name of Assured: SCHEDULE A CHAIN OF TITLE GUARANTEE Guarantee No.: CO-FFAH-IMP-81COG6-1-18-H0547236 Fee: $145.00 KAUFFMAN BROTHERS LIMITED PARTNERSHIP, a Colorado limited partnership 2. Effective Date of Guarantee: October 16, 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 KAUFFMAN BROTHERS LIMITED PARTNERSHIP, a Colorado limited partnership pursuant to a Special Warranty Deed recorded July 13, 2018 at Reception Number 4414881 in and to the land described as follows: See Exhibit A attached hereto and made a part hereof. Only the following deeds appear in such records subsequent to April 22, 1970: Reception No. 1545968 Reception No. 1582082 Book 660 Reception No. 2428989 Book 1482 Reception No. 4414881 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.: H0547236-820-GRO Guarantee No.: CO-FFAH-IMP-81COG6-1-18-110547236 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO IN THIS GUARANTEE IS DESCRIBED AS FOLLOWS: The Northwest 1/4 of Section 20, Township 2 North, Range 63 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.: H0547236-820-GRO Guarantee No.: CO-FFAH-IMP-81COG6-1-18-110547236 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. H0547236-820-GRO Guarantee No. CO-FFAH-IMP-81 COG6-1-18-H0547236 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.: 110547236-820-GRO Guarantee No.: CO-FFAH-IMP-81COG6-1-18-110547236 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) '4j Son. few $1:1.00 aA wr r, .a, .s .a .a 0 9aluatian; - • ;i ' Mewed .:.,`.-,1 t i . 0 , E Rey "�f *�D�V' s: a :� v �``''i � ?��.;;��,'� '')-71'.—:-I- ;. �i{ 0. � That T, 1.. ti?� ,, aIpD doe. k�nt, Cou i ty Wonidesr end, State 5or the conhider , o . of • nr is f n hand paid, 711 ] chi other valuable calsaiderati County of Weld a' ' b Co2m arao tpi 3[id J. BA�q, of property �L County of Weld S;. , i f411oaving ra1a1 in p � r 4 �O� C01san'}¢do,';kp�saits A21 that % part of ;tom West (H,;2/2) of Section Seventeen (17)4".y. lying between t)re- g of "J4 y.ot rthe Service Road of U. S. sti. ~ way 6 and the r4g .o way Ott tate Highasay 80 South; the Mat � Ralf (S 1/2) ar�2( r".t Bast e,,fn+af:: Went Ralf (g 1/2 W 1/2) Section 8£alhteeg,(1R),r came atiOg ' refrom that port lyi,8g forth of .a@ the North right Of me,' line of U.`; intere�ate Higheeaay6 8e.SoutFs :nand `'" .subject to ssonveyanone to the Department of Highways., of orado, as recorded in look 154. , pages 239 and 241,oft the tateVeldCo1-,...® County records; all that part of the Sant Half (R 1/2) of Section ,em Nineteen (19) lying South of the Chicago, Burlington and Quincy Railroad right of way; and the want Half fer 1/2) of Section Twenty •.': ® •'► (20), all in Sbwnehip Two (2) North, Range Sixty-three (63) f art of ra the-Siaeth Principal meridian, with 411 its appurtenances], and warrants the title to the ram, subject FP to than reservation of all coal and other minerals reserved by the Union Pecieic Railroad in Section 17 under dead recorded at Ei Weld County records; ,exceptions and renervaations contained inOtheaUUnited, ii States patents; previous r©eervetiun of an undivided one -hail (1/2) of ; the oil, gam and other minerals lying in and under the Rorthweet Oeerter (NW 1/4) of Section 20, an contained in dead recorded at Book 909, page 373, Weld County records; right of way for a public highway over end acmes a strip 100 feet in width along the north side of the Chicago, Burlington and guincy Railroad right of way in the Northwest Qulairter (Nit 1/4 of See« tioaa 20 as conveyed by deed rocordee at Book 942r page 115, Weld County rocorde; right of way for the Chicago, Burlington and Quincy Railroad across amid Northwest °Darter (NW 1/4) of maid Section 201 right of way for a pipeline across the North Naif (N 1/2) of Section 20 and the Bess: Salt (S 1/2) of Section le, as •contained in instrument recozdad at Book 145% page L36, Weld County records reeervetion of meal as contained in the dewed from the Union Pacific Railroad to all lands lying in Station 19, as recorded at Book 112, page 547, Weld. County recordsr restrictions con- temned in dared of access rights to United States Interstate 60 South in Section 1s an contained in instruments recorded at Book 1541, pagan 235 and 237, Wald County records; inclusion within Southeast Weld Fire Pro- tection District, Central Colorado Water Coenercancy Dietriot and the - payable Wald Soil Conservation District, and to the 1970 tenon duo sand payable in 1971. Dated thin 15th day of April, 197'0. STATE of COLORADO ) COUATxi OP MID) S$ The foregoing instrument wan aaknoslledgad of April, 1970, by L. 0; Lauck; Alec, knower en Witnaene my hand and official small my conmieaion expires pt1974 Stone uman;o tam s ...1X1__ .. __,_, ear,. ry h S o De L. O. Ltasao ,also known as Lawrence O. Lauck before no thin ee leL dace Lawrence O. Lauck. . •• a,.c i tOria r KNOW AIL MEN fY Trreri ri "s C ,, V:st �r n� '3 $ Fw+4VIYG'ELIZI. tohsn-a sa '??eaw !3 I:ocg::Wh' 6.. Ce„ti;r off wom .4;,.:.ua �w, v�P� s v CW Tr:so, fovea? CEoa r onor c«Ica: ?a ea :,l ras Steen ezel Tcr (W ZN a -Y Denneo. Its G no tad convoy to. 111.RF:13 A. E'MJTJ, C•�^^uC C'fir.^C v to Cia^,i D'F:b:S-.°a' aT D *�.nonor, Viss o el Co3eatcb. €zLi rtt;sat-"a3 61G'.:-11.11 €e"obr>jt la nt71, to Co fsalla-IIry, caot t <i7 rty t� th +Cogs. W c2 t:" old nr.3 Mate cS Colorado, to -tats J Stoto C „o;s.:^*ei"oa ry 3 ib',urat Ii cin at a3 ficotlo4S0)9 To=b1? 1 �...,. W G...» Paw €;i:nZy- J <'scea 2) W u.Zt eaS O9 C34a fa. it , . V&A ect :y. Ccsla.;ado .141 tir ;t lsard c,2 t a Vc_;t IVA) el ewattc:e rov3el.=cy (app 1.:..;:.!Z e3 any el C F::art'Ec:s 1 sa el Et. E7,. "+» n y C. rsli t;.a a : `."s of vsTiy c? E._' n 1°F..xr:r y asae ; tciS C.'.:; L''"cot Ldes el no 4'a•_ .". Doti' Cv.;Cio a Ci ,7.sa:cn (IG), cmao,^.3at t':'rareloon r.ag's IZcrtsi vS' t.�I;scw r,"; :c' raylle.c?%-slr,%° a roe:loot �;;�F30t",:o cee jc_ a scare o aah t a t.F,� Q tir;t air„c3 E '" ', csb' G2. "� vS CPlotz3, c:.73 teem-eali Bsa ,_cent: Z41. s41. E.)c_r.y 2"to ;1 Lvo A Gaz;s y EI:1e©1 2O; 011 etf:1 t 4^a ra3 t'a j - Q� c•I Etottro EFir...s-ran (101, lylr ; s;ss,ra Cl:t' CY.st:ro . 7cosityrtutsaes and acy E;:sn1vu ag7st el vases cal t1..z V.1t;33 rleLl (;.7 5) r,3 E;atban Tt:soly (;_)), nil Inliks::r, a:_7s, 7'a,a (Cp F3.th, &₹.ocao E3rety-thr:, (03) F�e,E el Zr4eolraat e.tra: F.adansa, rilth oil ituo or Csax;scoeraa (NJ ra:orr-ar;a Cti3 tltto to tl r c?tm cebjeat CS to both Paroota. roaervcttosea. ;'4lsto of way, reatrlotiorso cal oun'dkleco now el record, teal ICS3 t ,now end t oroeltor; aahjeet afro co to PascvS 1, D_Wu3 el Ti -o: -J; ccw of moans! to 'no amount of 1352,000. Os3 c rates Grar.ica cocc-ccc nod c jcooc to coy aaa-bald of, acsfi ea tsa Paraoi It m+aeojea@ to Deed of Trool to tim cr_irz;or of t111,e.0,a3. C) tl Scla aroatzo ecccrc o nod cZtea;o to pose oa- -ticks el, e;:4C-a c:9jrTSar., ;r^,c o� 4€;`�rr,WB i:o3rrca ac°artnr aa*.�8 Grocion ea to bats Benda fif i r -v t to be eSicvtat c.;o of Doverobor y�, 1971. f}l es� t 1 k_.day al January, A.D. 1&72. Elmer J.. K,nelfmnca 2428989 B I482 P-661 03/46/95 04:29P PG 1 OF 2 REC DOC Weld County CO Clerk & Recorder 10.00 Att,a`t28`i8`t PERSONAL REPRESENTATIVE'S DEED (Testate Estate) THIS DEED is made by Mark A. Kauffman, as Personal Representative of the Estate of Elmer J. Kauffman a/k/a Elmer Kauffman a/k/a E. J. Kauffman a/k/a E. Kauffman a/k/a Elmer John Kauffman, deceased, Grantor, to Kauffman Brothers Limited Partnership, whose legal address is 8616 Weld County Road 63, Keenesburg, Weld County, Colorado 80643, Grantee. WHEREAS, the Last Will and Testament of the above named decedent was made and executed in the lifetime of the decedent, and is dated September 30, 1980. The decedent also made and executed Codicils dated November 24, 1981 and August. 15, 1984. The will and codicils were duly admitted to formal probate on October 5, 1993 by the District Court in and for the County of Weld, State of Colorado, Probate No. 93 PR 297. WHEREAS, Grantor was duly appointed Personal Representative of said Estate on October 5, 1993 and is now qualified and acting in said capacity. NOW, THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell, convey, assign, transfer and set over, without warranty of title and without warranty as to condition of property, unto said Grantee, as the entity entitled to distribution of the property in the above captioned will, the following described real property situate in the County of Weld, State of Colorado: See EXHIBIT A attached hereto and incorporated herein by this reference. With all appurtenances, subject to the following exceptions: general taxes and assessments for the year 1994 payable in 1995 and general taxes and assessments for the year 1995 payable in 1996; easements, reservations, oil, gas and mineral leases, restrictions, covenants and rights of way, all of record or as may exist by use on the premises; shortage in area, conflicts in boundary lines and all other matters that would he disclosed by an accurate survey including, but not limited to, encroachments and boundary discrepancies; subject to all governmental laws, rules and regulations; and subject to inclusion within any special or general districts and the benefits, liens and burdens arising therefrom. As used herein, the singular includes the plural and the plural the singular. Effective as of December 31, 1994. Mark A. Kauffman as Personal Representative of the Estate of Elmer J. Kauffman a/k/a Elmer Kauffman a/k/a E. J. Kauffman a/k/a E. Kauffman a/k/a Elmer John Kauffman, deceased. STATE OF COLORADO } ) ss. County of Weld ) Tp5 foregoing instrument was acknowledged before me on February 16 .4995 by Mailt,A. Kauffman as Personal Representative of the Estate of Elmer J. Kauffman a/k/a tlipffrrtin a/k/a E. J. Kauffman a/k/a E. Kauffman a/k/a Elmer John Kauffman, u;rPO Witngss my hand and official seal. ° r , My commission expires: 10-1-95 jLL ey.,�.y'G.LL-�f Low otaryublie TFORf146fi1PRdrrrl_ptr 2428989 B-1482 P-661 03/06/95 04:29P PG 2 OF 2 EXHIBIT A Real Estate and any Minerals in Connection Therewith An undivided one-half interest in and to the following described real property: Parcel I The North Half (N 1/2) of Section Thirty (30), Township Two (2) North, Range Sixty -Three (63) West of the bth P.M. , Weld County, Colorado, except Lot A of Recorded Exemption No. 1303-30-2-RE210, recorded June 1, 1976 in Book 768 under Reception No. 1689917 of the Weld County Records. Parcel II All that part of the West Half (W 1/2) of Section Seventeen (17) lying between the right of way of the Service Road of U.S. Highway 6 and the right of way of Interstate Highway 80 South (also known as Interstate 76 South); the East Half (E 1/2) and the East Half of the West Half (E 1/2 W 1/2) of Section Eighteen (18), excepting therefrom that part lying North of the North right of way line of U.S. Interstate Highway 80 South (also known as Interstate Highway 76 South) and subject to conveyances to the Department of Highways, State of Colorado, as recorded in Book 1541, Pages 239 and 241, of the Weld County Records; all that part of the East Half (E 1/2) of Section Nineteen (19) lying South of the Chicago, Burlington and Quincy Railroad right of way; and the West Half (W 1/2) of Section Twenty (20), and that part of the West Half of the Southwest Quarter (W 1/2 SW 1/4) of Section Eighteen (18), Township Two (2) North, Range Sixty-three (63) west of the Sixth Principal Meridian, lying south of the Interstate 80 South (also known as Interstate Highway 76 South) also known as U.S. Highway No. 6, all in Township Two (2) North, Range Sixty-three (63) West of the Sixth Principal Meridian. Parcel III The South Half (S 1/2) of the Southeast Quarter (SE 1/4), the South Half (S 1/2) of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4), the Northeast Quarter (NE 1/4) of the Southeast Quarter (SE 1/4), and the Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) of Section Twenty-one (21); and the Northeast Quarter (NE 1/4) of Section Twenty- eight (28), all in Township Two (2) North, Range Sixty-four (64) West of the 6th P.M., together with all ditch and water rights of the Henrylyn Irrigation District, and all enlargements or extensions of said ditch and water rights pertaining to or in any way belonging to said lands and used therewith, excepting therefrom lands described in Deed recorded in Book 1540, Page 379 of the Weld County Records. m 1(046GMm,pil 4414881 Pages; 1 of 3 07/13/2018 12:38 PM R Fee:$23.00 D Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO NIP 11111 I AFTER RECORDING, RETURN TO Senn Visciano Canges P.C. 1700 Lincoln Street, Suite 4300 Denver, CO 80203 Attn.: Matthew D. Pluss, Esq. SPECIAL WARRANTY DEED [No documentary fee required — consideration less than $500.00) THIS SPECIAL WARRANTY DEED (this "Deed") is dated this V. day of July, 2018, between JULIUS A. PLUSS ("Grantor"), whose address is 2400 Cherry Creek South Drive, #306, Denver, Colorado 80209, and KAUFFMAN BROTHERS LIMITED PARTNERSHIP, a Colorado limited partnership ("Grantee"), whose address is 8616 County Road 63, Keenesburg, CO 80643. Grantor, for and in consideration of the sum of Ten and 00/100 Dollars ($10.00) and other good and valuable consideration, the receipt whereof is hereby confessed and acknowledged by Grantor, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto Grantee, its successors and assigns forever, all of Seller's right, title and interest in and to that certain real property described on Exhibit A attached hereto and incorporated herein by this reference (the "Property"), but RESERVING AND SPECIFICALLY EXCLUDING THEREFROM all right, title and interest of Seller in and to all oil, gas, and other minerals lying in, on, or under the Property; and TOGETHER WITH all and singular the hereditaments 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 Grantor, either in law or equity, of, in and to the Property. TO HAVE AND TO HOLD the Property above bargained and described, with the appurtenances, unto Grantee and its successors and assigns forever. And Grantor, for itself and its successors and assigns, does covenant and agree that Grantor shall and will WARRANT AND FOREVER DEFEND the Property in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or persons lawfully claiming or to claim the Property or any part thereof, by, through or under Grantor and no others, except for the lien of general taxes and assessments for the current year and all subsequent years which are not yet due and payable, and subject to all matters of record. [Remainder of page intentionally left blank; signature page follows.] Svc ;/00527524v1 /1 08242-001 4414881 Pages: 2 of 3 07/13/2018 12:38 PM R Fee:$23.00 D Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO till IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed as of the day and year first written above. STATE OF COLORADO CITY AND COUNTY OF DENVER ) ss. LIUS A. PLUSS The foregoing instrument wa.s acknowledged before me this td day of July, 2018, by JULIUS A. PLUSS. Witness my hand and official seal. My commission expires MARSHALL L. RAY NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20154021407 My Commission Expires June 1, 2019 Notary Public Signature Page to Special Warranty Deed 4414881 Pages: 3 of 3 07/13/2018 12:38 P11 R Fee:$23.00 D Fee: 0.00 Carly Koppes, Clerk end Recorder, Weld County, 0 VIII EXHIBIT A TO SPECIAL WARRANTY DEED Legal Description of the Property AN UNDIVIDED ONE-HALF INTEREST IN AND TO THAT CERTAIN REAL PROPERTY SITUATE, LYING AND BEING IN THE COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTHWEST 1/4 OF SECTION 20, TOWNSHIP 2 NORTH, RANGE 63 WEST OF THE 6TH P.M., AND ALL THAT PART OF THE EAST HALF (E1/2) OF SECTION 19, TOWNSHIP 2 NORTH, RANGE 63 WEST OF TILE 6TH P.M. LYING SOUTH OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD RIGHT OF WAY, AND LOT C, RECORDED EXEMPTION NO. 1303-20-3 RE -3521 ACCORDING TO EXEMPTION PLAT RECORDED JUNE 3, 2003 AT RECEPTION NO. 3068950, BEING PART OF THE SOUTHWEST 1/4 OF SECTION 20, TOWNSHIP 2 NORTH, RANGE 63 WEST OF THE 6TH P.M. Svc°/)OS27324w1a8242-001 A-1 Hello