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Home My WebLink About20191114.tiffLand -IT: Report of Title for Site MRUTH027350 Page 1 of 7 U. S. Title Solutions Report of Title 5030 COMPREHENSIVE FULL TITLE REPORT (INCLUDES 40 YEAR DEED HISTORY & ORIGINAL COPIES This Report of Title is for informational purposes only and is not to be considered as a commitment to issue any form of title insurance policy. The report is for the use and benefit of the addressee only, and liability is hereby limited to the amount of the fee paid therefore. US TITLE SOLUTIONS FILE NO.60795-CO1806-5030 REFERENCE NO. MRUTH027350 SITE NAME HWY14 BRIGGSDALE PREPARED FOR: PREMISES: COUNTY: Nexius on behalf of AT&T Joseph Oliver 8310 South Stanley Highway Suite 3131 Englewood, CO 80112 45254 County Road 81, Briggsdale, CO 80611 Parcel 054514400007 Weld US Title Solutions 3 Werner Way, Lebanon, NJ 08833 Telephone (908) 849-3011 Facsimile (908) 849-7981 www.ustitlesolutions.com Report Dowered by Land IT http://www.land-it.com/ustreports/htmlreports/83440.htm 7/26/2018 Land -IT: Report of Title for Site MRUTH027350 Page 2 of 7 US TITLE SOLUTIONS FILE NO. 60795-CO1806-5030 REFERENCE NO. MRUTH027350 REPORT OF TITLE 1 DATE OF THIS REPORT 7/25/2018 EXAMINED FROM 11/21/1947 EXAMINED THRU 6/21/2018 2 THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS REPORT IS: Fee Simple 3 TITLE TO SAID ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS REPORT IS AT THE EFFECTIVE DATE HEREOF VESTED IN: Duangchai Washburn SOURCE OF TITLE: Quit Claim Deed made by Duangchai Washburn dated Mar 14, 2014 recorded on Mar 18, 2014 in instrument no. 4003038. 4 THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: The East Half of the South Half of Section 14, Township 8 North, Range 62 West of the 6th Principal Meridian., County of Weld, State of Colorado http://www.land-it.com/ustreports/htmlreports/83440.htm 7/26/2018 Land -IT: Report of Title for Site MRUTH027350 Page 3 of 7 US TITLE SOLUTIONS FILE NO. 60795-CO1806-5030 REFERENCE NO. MRUTH027350 SCHEDULE B THIS IS NOT A COMMITMENT OR PRELIMINARY REPORT OF TITLE TO ISSUE A POLICY OR POLICIES OF TITLE INSURANCE. THE EXHIBITS SET FORTH HEREIN ARE INTENDED TO PROVIDE YOU WITH NOTICE OF MATTERS AFFECTING TITLE TO THE LAND DESCRIBED IN THIS REPORT. 1. Taxes, tax liens, tax sales, water rates, sewer and assessments set forth in schedule herein. 2. Mortgages returned herein. (-1-). See Separate Mortgage Schedule. 3. Any state of facts which an accurate survey might show or survey exceptions set forth herein. 4. Rights of tenants or person in possession. (Judgments, Liens and UCC) 5 None within period searched (Covenants/Restrictions) 6 None within period searched (Easements and Rights of Way) 7. NonExclusive License Agreement for the Upgrade and County Right -Of -Way by Weld County, Colorado to dated 7/30/2014 recorded 9/19/2014 in Notes: Duangchai Washburn entitled to right of way. (Other Filed Documents) Maintenance of Weld Duangchai Washburn, Instrument No :4047317. upgrade and maintain the counties 8. Oil and Gas Lease between Edwin C. Pirnie and Gertrude M. Pirnie, husband and wife and Ray T. Rader dated 6/14/1968 recorded 10/11/1968 in Instrument No. 1522703. 9. Mining Lease between Edwin C. Pirnie and Gertrude M. Pirnie, husband and wife and Resource Associates of Alaska, Inc. dated 11/20/1978 recorded 8/23/1979 in Instrument No. 1801034. 10. Last Will and Testament of Gertrude May Pirnie between Gertrude May http://www.land-it.com/ustreports/htmlreports/83440.htm 7/26/2018 Land -IT: Report of Title for Site MRUTH027350 Page 4 of 7 Pirnie and Trust A, and Trust B, bequeathed to Edwin C. Pirnie, upon death or remarriage, bequeathed to Glenna Kay Hamilton and Gay Meredith Brooks dated 3/17/1983 recorded 9/10/1985 in Instrument No. 2024338. 11. Oil and Gas Lease Paid Up between Edwin C. Pirnie and Ellen V. Pirnie, husband and wife and Bristol Production, Inc. dated 9/22/1987 recorded 9/28/1987 in Instrument No. 2115885. 12. Oil and Gas Lease Paid Up between Glenna Kay Hamilton and Gay Meredith Brooks as Testamentary Trustees under the Last Will and Testament of Gertrude May Pirnie, dated March 17, 1983 and Bristol Production, Inc. dated 9/22/1987 recorded 10/8/1987 in Instrument No. 2117180. 13. Statement of Authority between Testamentary Trusts established under the terms and provisions of the Last Will and Testament of Gertrude May Pirnie dated March 17, 1983 and Gay Meredith Brooks, Trustee dated 6/2/2003 recorded 6/4/2003 in Instrument No. 3069395. 14. Paid Up Oil and Gas Lease between Duangchai Washburn, a widow and James C. Karo Associates dated 9/21/2007 recorded 12/3/2007 in Instrument No. 3520934. 15. Oil and Gas Lease between Duangchai Washburn, a single woman and Diamond Resources Co. dated 1/19/2010 recorded 1/28/2010 in Instrument No. 3672563. 16. Declaration of Pooled Unit between Duangchai Washburn, a single woman and Continental Resource, Inc. dated 6/26/2012 recorded 7/6/2012 in Instrument No. 3857373 Notes: Pertains to Lease Instrument No. 3520934. 17. Affidavit of Extension of Oil and Gas Lease by Production between Duangchai Washburn and Joseph H. Lorenzo is Attorney -in -Fact for Noble Energy, Inc. dated 4/4/2013 recorded 4/5/2013 in Instrument No. 3922529 Notes: Pertaining to Lease Instrument No. 3672563. http://www.land-it.com/ustreports/htmlreports/83440.htm 7/26/2018 Land -IT: Report of Title for Site MRUTH027350 Page 5 of 7 US TITLE SOLUTIONS FILE NO. 60795-CO1806-5030 REFERENCE NO. MRUTH027350 MORTGAGE SCHEDULE 1. Deed of Trust made by Duangchai Washburn, to Public Trustee of Weld County, Colorado as trustee, to Farmers Bank in the sum of $250,000.00 dated as of 1/7/2008 recorded 1/8/2008 in Instrument No. 3527789. http://www.land-it.com/ustreports/htmlreports/83440.htm 7/26/2018 Land -IT: Report of Title for Site MRUTH027350 Page 6 of 7 US TITLE SOLUTIONS FILE NO. 60795-CO1806-5030 REFERENCE NO. MRUTH027350 TAX SEARCH 1. TAX ID :054514400007 Land Assessment: $23,101.00 Building Assessment: $28.00 Total Assessed Value:$23,129.00 Period :2017 Payment Status: Paid Tax Amount : $302.00 http://www.land-it.com/ustreports/htmlreports/83440.htm 7/26/2018 Land -IT: Report of Title for Site MRUTH027350 Page 7 of 7 US TITLE SOLUTIONS FILE NO. 60795-CO1806-5030 REFERENCE NO. MRUTH027350 DEED CHAIN US Title Solutions, LLC hearby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein. 1. Warranty Deed made by Hope A. Moody (reserving one -halt of all oil, gas and other minerals, together with right of ingress and egress) to Edwin C. Pirnie and Gertrude M. Pirnie, as joint tenants with rights of survivorship dated 10/5/1964 recorded on 10/7/1964 Instrument No. 1446848. 2. Warranty Deed made by Edwin C. Pirnie and Gertrude M. Pirnie, husband and wife, as joint tenants to Edwin C. Pirnie and Gertrude M. Pirnie, as tenants in common dated 12/4/1975 recorded on 12/5/1975 Instrument No. 1676158. 3. Deed of Distribution by Personal Representative made by Edwin C. Pirnie, as Personal Representative of the Estate of Gertrude May Pirnie, Deceased on January 2, 1984 to Glenna Kay Hamilton and Gay Meredith Brooks, as Testamentary Trustees of the Testamentary Trusts, an undivided one-half (1/2) interest dated 9/10/1985 recorded on 9/10/1985 Instrument No. 2024337. 4. Deed of Distribution by Personal Representative made by Wells Fargo Bank, N.A., as Personal Representative of the Estate of Edwin C. Pirnie, Deceased on November 20, 2001 to Gay Meredith Brooks, an undivided one-half (1/2) interest, and Brian Lee Hamilton, Christy Kay Negron formerly Christy Kay Hamilton, and Travis John Hamilton, an undivided one-half (1/2) interest, as tenants in common dated 4/17/2003 recorded on 4/18/2003 Instrument No. 3053735. 5. Warranty Deed made by Gay Meredith Brooks, Brian Lee Hamilton, Christy Kay Negron and Travis John Hamilton and the Testamentary Trustees of the Testamentary Trust established under the Last Will and Testament of Gertrude May Pirnie dated March 17, 1983 to Duangchai Washburn dated 6/2/2003 recorded on 6/4/2003 Instrument No. 3069396. Notes: Re-recorded as Instrument No. 3977904. 6. Quit Claim Deed made by Duangchai Washburn to Duangchai Washburn dated 3/14/2014 recorded on 3/18/2014 Instrument No. 4003038. http://www.land-it.com/ustreports/htmlreports/83440.htm 7/26/2018 6/20/2018 Property Report Weld County 4W. PROPERTY PORTAL Account Parcel R8940862 054514400007 Legal SW4 14-8-62 Property Information (970) 400-3650 Technical Support (970) 400-4357 Account: R8940862 June 20, 2018 Space Account Tax Type Year Agricultural 2018 Buildings Subdivision Block Lot Land Economic Area Property Property Address City Actual Assessed Value Value 23,129 6,710 7003 BRIGGSDALE/BARNESVILLE Zip Section Township Range 14 08 62 Account Owner Name Address R8940862 WASHBURN DUANGCHAI 375 ASH CT EATON, CO 806153550 Reception Rec Date Type Grantor Grantee Doc Fee Sale Date Sale Price 4077529 01-21-2015 RE WASHBURN WASHBURN 0.00 01-21-2015 0 DUANGCHAI DUANGCHAI No buildings found. https://propertyreport.co.weld.co.us/?account=R8940862 1/3 6/20/2018 Property Report Type Code Description Actual Value Assessed Value Acres Land SgFt DRY FARM Land 4127 LAND- 23,101 6,700 148.780 6,480,857 AGRICULTURAL Land 4167 WASTE LAND 28 10 3.640 158,558 Totals 23,129 6,710 152.420 6,639,415 For Single Family Residential Houses, CLICK HERE to search for sales of similar properties using our Property Portal. Tax District District Name Area ID 1007 0700 AIMS JUNIOR COLLEGE 1007 0524 BRIGGSDALE FIRE 1007 1050 HIGH PLAINS LIBRARY 1007 0210 SCHOOL DIST RE10J- BRIGGSDALE 1007 0100 WELD COUNTY 1007 1200 WEST GREELEY CONSERVATION Total Current Mill Levy 6.317 4.002 3.256 15.219 15.800 0.414 45.008 NO PHOTO NO SKETCH https://propertyreport.co.weld.co.us/?account-R8940862 2/3 6/20/2018 Property Report Copyright © 2018 Weld County, Colorado. All rights reserved. Privacy Policy & Disclaimer I Accessibility Information https://propertyreport.co.weld.co.us/?account-R8940862 3/3 7/25/2018 Tax Account Tax Account Summary Account Id Parcel Number Owners Address Situs Address Legal Inquiry As Of Payment Type R8940862 054514400007 WASHBURN DUANCiCHAI 375 ASii CT EATON, CO 80615-3550 SW4 14-8-62 07/25/2018 First • Full Total Due $0.00 Value Area Id 1007 - 1007 AG -DRY FARM LAND - 4127 AU -WASTE LAND - 4167 Total Value Taxes Mill Levy 45.0080000 Actual Assessed 23,101 6,700 28 10 23,129 6,710 $302.00 The amount of taxes due on this page is based on last year's property value assessment. https:11www.weldtax.comltreasurerltreasurerweblaccount.jsp?account=R8940862 1/1 4003038 03/18/2014 04:03 PM Total Pages: 1 Rec Fee: $11 00 Steve Moreno - Clerk and Recorder, Weld County, CO QUITCLAIM DEED THIS DEED, Made on between Duangchai Washburn of the County of Weld, State of Colorado, grantor(s) and Duangchai Washburn whose legal address is 110 Oak Avenue Eaton, CO 80615 of the County of Weld. State of Colorado, grantee(s): WITNESSETH, That the grantor(s), for and in consideration of the sum of 0.0D the receipt and sufficiency of which Is hereby acknowledged, has remised, released, sold and QUITCLAIMED, and by these presents does remise, release, sell and QUITCLAIM _into the grantee(s), their heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the grantor(s) has in and to the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: The East Half of the South Half of Section 14, Township 8 North, Range 62 West of the 6th Principal Meridian., County of Weld, State of Colorado also known by street and number as: TO HAVE AND TO HOLD the same, together with alf and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest, and claim whatsoever, of the grantor(s), either in law or equity, to the only proper use, benefit and behoof of the grantee(s) their heirs and assigns forever, Wherever used herein, the plural references shall be construed to be singular references and singular references shall be construed to be plural references where the context requires and all references of gender and person shall be construed to refer to the grantor or grantors and grantee and grantees identified herein regardless of the context. IN WITNESS WHEREOF, The grantor(s) has executed this deed on the date set forth above. STATE OF COLORADO COUNTY OF WELD The foregoing instrument was acknowledged before me this 144 day ofjikar_e_LaILLby Duangchai Washburn. ) ) S$. rtOt3YN DOUGHTY NOTARY PUBLIC STATE OF COLORADO? NOTARY ID 191'184(11 fIT,43 My Commission Exp€ree July 0.2014 Witness my hand and official seal. My commission expires Name and Address of Person Creating Newly Created Legal Description (38.35-106.5, C.R.S.) S21C0O1D.2636 Rev. 1119105 NONEXCLUSIVE LICENSE AGREEMENT FOR THE UPGRADE AND MAINTENANCE OF WELD COUNTY RIGHT-OF-WAY THIS NON CLUSNE LICENSE AGREEMENT, made and entered into thisday of , 20 by and between WELD COUNTY, COLORADO, by and through the Board of Coun Co p ssioners of Weld County, Colorado, whose address is 1 150 O Street, Greeley, Colorado 80631, as First Party, and "DiM,4Ng0-I4 0c Sedgy✓ , as Second Party whose address is WITNESSETH: _3ZS As' tk A -To nl c O ga (01.1 WHE AS, Second Party desires to more effectively access property located at the �F4'T ≤ I of Section , Township ceNorth, Range .West of the 6th P.M. in Weld County, Colorado, and WHEREAS, First Party is the owner of the right -of --way known as WCR fora distance of _glop�{ Fig 1 Aim /277 WCR and located as fol lows: Tis L. £'.4O $ i a . Cr 5'arT i'r3A/ Lr At c' f3 E,X' JP/ between Sections 14 and j,, Township North, Range 42,West, in Weld County, Colorado, which is hereinafter referred to as "ROW," and WHEREAS, ROW is currently not being maintained by First Party, and WHEREAS, Second Party wishes to upgrade and thereafter maintain ROW at his/her/its sole expense in order to provide said more effective access. NOW, THEREFORE, in consideration ofthe covenants contained herein and the agreements of said Second party to be performed hereunder, and upon the conditions herein stated, First Party does grant to Second Party, its successors and assigns, a nonexclusive license to upgrade and maintain ROW without gating or fencing across the same. The conditions by which Second Party may upgrade and maintain ROW are as follows: First Party retains the right to revoke this Nonexclusive License Agreement at any time for any reason, but such revocation shall not prohibit Second Party's continued use of the ROW for access to Second Party's property, to the extent that such continued use is consistent with the right of the public to use the ROW. First Party shall give Second Party written notice of its intent to revoke this Nonexclusive License Agreement at least ninety (90) days prior to the intended date of revocation. Such notice shall be sent to Second Party by Certified Mail to its address written above or served upon Second Party in accordance with the Colorado Rules of Civil Procedure. Second Party shall have the duty of informing First Party of Second Party's change in address from his address written above. 2. The upgrade and maintenance of ROW by Second Party shall be done in such manner as reasonably prescribed by First Party, which manner shall include, but not be limited to, the following: 4647317 Pages: 1 of 4 09/19/2014 03:17 Prt R Fee:$0.00 Ste,,e Moreno, Clerk and Recorder. Weld County, CO� • K��I iiiielyiriI+T(1��1 'ail ll ti i�ihYi5iri III Mil- M 1 a. ROW shall be constructed and maintained as a graded and drained all-weather road. The access width requirements for emergency equipment (fire department) are a minimum of 20 feet. h. If the installation of a cross culvert is required through an existing drainage pattern or ditch, Second Party shall be responsible to supply and install such culvert, which shall be inspected by First Party to ensure adequacy of capacity, strength, and length. Second Party shall be responsible to maintain the culvert after its installation, including periodically cleaning the same. c. If the installation of a cattle guard is required, Second Party shall be responsible to supply and install such cattle guard, which shall meet County standards. Second Party shall be responsible to maintain the cattle guard after its installation, including periodically cleaning the same. d. This Nonexclusive License Agreement does not grant the right to gate or fence ROW for private use, but is intended to provide access to private property. e. Prior to commending work within the ROW, Second Party shall, through the services of a licensed registered surveyor hired and paid for by Second Party, mark the location of the exterior boundaries of the ROW. 3. The upgrade and maintenance of the ROW by Second Party, including those items set forth in Paragraph 1 above, or any other requirements slated by First Party, shall be at its own expense and without the aid or use of Weld County funds. Second Party shall be responsible for snow removal from ROW. if required to gain acces4, as part of the maintenance responsibilities referred to herein. 4. Except for the negligence of First Party, Second Party shall indemnify and save harmless First Party, its successors, assigns; employees, and agents from any damage or loss sustained by them or any of them to the extent caused by Second Party's negligence with respect to the upgrade and maintenance of the ROW. 5. Except for the negligence of First Party, Second Party agrees to protect First Parry and save and hold it harmless from any and all third party claims and damages that said upgrade and maintenance may directly or indirectly cause to the extent attributable to the negligence of Second Party. Second Party hereby releases First Party, its successors, assigns, employees, and agents from any and all claims and damages of whatsoever character to property owned by Second Party resulting from any act, either on the part of the First Party or on the part ot'any third party. 6. Other than assignments in connection with the mortgage or sale °fall or substantially all of the Second Party's assets or equity interests in Second Party, for which no consent shall be required. Second Party shall not assign any or all of its rights under this Nonexclusive License Agreement without first obtaining written consent to such assignment front First Party. which consent shall not be unreasonably withheld. 2 4 4047317 Pages: 2 of 4 09/19/2014 03:17 PM R Fee:$0.00 Steve Moreno, Clerk and Retarder, Weld County, CO Ell PPA11711 COWIN kIU kqe WAI WAINO,91014 X9101 l 111 7. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party hereto, or its agents or employees. This Nonexclusive License Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 8. If any term or provision of this Nonexclusive License Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Nonexclusive License Agreement, or the application of such terms or provisions, to a person or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Nonexclusive License Agreement shall be deemed valid and enforceable to the extent permitted by law. I 9. No portion of this Nonexclusive License Agreement shalt be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Nonexclusive License Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Nonexclusive License Agreement. 10. It is expressly understood and agreed that the enforcement of the terms and conditions of this Nonexclusive License Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Nonexclusive License Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Nonexclusive License Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Nonexclusive License Agreement shall be an incidental beneficiary only. 11. There shall be a $150 fee for the fabrication and installation of blue and white cross roads signs identifying the section line road intersection for the use of addressing and emergency response. The blue and white signs identify a non -maintained County right-of-way. Distance and location from the nearest maintained County road may require additional information signs. If existing signs are in place, the fee may be waived. 12. There shall be a 5100.00 fee for the Nonexclusive License Agreement. It is mutually understood and agreed that this Nonexclusive License Agreement and all the terms and conditions hereof shall extend to and be binding upon the parties hereto, their successors, and assigns. 3 4147317 Pages: 3 of 4 09/19/2014 03:17 Pit R Fee:$0.00 Stowe Moreno, Clerk and Recorder, Weid County, CO VIIIIIir1IJ11IIP'L2kii 11111 EXECUTED IN DUPLICATE the day and year first above written. FIRST PARTY: WELD COUNTY, COLORADO, by and through the BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO ATTEST' z/ :4 Clerk to the Board By: SECOND PARTY: NAME By, By. Douglas demacher NAME By: ,Chair SEP 1 7 2044 SUBSCRIBED AND SWORN to before me this IleAday of Tu i4' , 20 / By !D cnf �j +M IAA fid 7u/tk! WITNESS my hand and official seal My commission expires: /43 I M:AGREEMENTSNoi'.exdusivekAGREEMENT FORM-doc Notary Public 4 4M7317 Pages: 4 of 4 09/19/2014 03:17 PM R Fee:$0.00 Steve Moreno: Clerk and Recorder, Weld County, CO ANDREW T. MOREHEAD NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20094000326 MY COMMISSION EXPIRES 01/13/2017 n 0' O P.• N N w of .L11 4.1 N ea O 'F. .44 yA tom 601 1 l/ µy` ^} r.rl�e1hle.4 .aY..P Ii (1+Ir 4.111 �1:15 as A --4444-......._'A.Ir a an.-[aill.s ial/. 11,3' -• ---... _ �- .r11.iri�41r1 Ltf Tilts A ,Ah:F:MI1T. ,1-. r..:. ... 111 .N lath 144, 1I June 68111LLabb idnia o. Firma and Sert11 do 5. lirnie, hoshand and air*. 1641 Eldar Avenue, Greeley, Colorado ,Ae Bay T. Radar, 325 Johnson Building, Denver, Colorado 80202 Tt , I..1: In. . n Too n al 011111 0,4 Ind n! 41. pya.nlr tr11 . ..1...I. n•.nnanx m1.IN1 .41:11144 . Iry pr... .n X0.1••. • ��rr..n.. ^e... hare nan•r •e•'•• '..nn nano �r n 'n • 1. _ ' ...11 :1 l 1 •l 1,'n. 14.0 .N 1.r. 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Inr .411,111- IN •ITNW1 WHIM -u! .e =en 11•• 144.1 a 41.. I=.a •1.a... .r.. _. 3SG. �4.},Ewin c. Pirnie /:) :rt.1r•i >1) 1. L �. 1 L c v'ertrudi '1.f. Prrlie 3 ,p w 601 STATE OF Colorado COUNTY OF Vold 1522•!03 a .. ACKNOWLEDGMENT FOR. INDIt'IDL AL 'Rana, Okla., and Calo.l Before me, the undersigned, a Notary Public, within and for mat county owl elate. an tin �d day of 1144144 tpfit„ personally appeared Lreje C__P earlw and Gertrude K. Timis, husband and vivo _ to err personally known to he the rdentieel penanlwko executed the within and foreplay instrument and acknowledged to me thm Allyn eaeruted the 655055 th. r free and raiuntary set and Bred for the van and purposes therein me forth. •r'e� I p �l;rESS WHEREOF, r hare hereunto let my hand end of t,eial seal the d.y ad ye■ ahety *raven.Yt roennal �tspirn JUNG 14. 1972 6�•7II �c/Jj •i • r' COU� NTY Or. ••aefe fie. the undenl/ms!. • Notary Puhlk. within and for sold county and state. in this day of ti , perMn1Hy apparel end Notary Public. ACKNOWLEDGMENT FOR iN DIYIDDAL (Kivu Obla, sad cog.) to ms personally known ink. tit identical YorIe ._whe eaetvtid tkil within and faytgolnt Instrument and acknowledged to In. that -executed de Same at _free and Mcluntary ect and deed for the van and purples therein est forth. IN WITNESS WHEREOF, I hire hereunto set my hind and official seal the day and year last above written, lfy remmieaior. STATE CVY. COUNTY OF Notary Public. ACKNOa•1.EfN:h1ENT FOR CORPORATION Pn time day of . A D- IH , biter* me. She undersigned, a Notary Public In and for the county Ind .ern afornratd, pennnelly appeared _...._ , is in. pennnelly known to he the identical person who signed the name of She maker thereof to the within and foregoing inriromenl an its _ _._President owl acknnrleeped to me teat_, .,,executed the acme as ere and voluntary act and deed. and a the !retard voluntary art ■od deed of nerd rorpurelioo. ter the uses and purposeo therein mei forth. al inert under in) hand and toil the day and rest last above unite.. My commission expires I Nasty Public. i NOTE: Wien alg1ature by .55rk is X... . mid magi in be %tier -owl Um it least nee person and afro acknowledged. For acknowledgment hi mark. uee iAVOW Kene,.s .ckm.elidgmemt. STATE fiF M-1 Null*! k.Itl:lth:VT FItR 1Nlin1'IPL'AI. muss... OA.. and f'alo.t COUNTY CIF Rehire tor, lhr undersigned, s Nirtery Publ .. within an.) h r nerd rn.ety and +Ions no ill oily oT. ly ser.on.11y append to me is -mortally hi own I.. he like identical perum...sow esrrute.l thr million and fn,rp.nntt o,.lruan•nt awl arhnuwinilted le nor that- .raerulre the same.s _fore and y..lunter, oil end On- I for Ili.. u.r. and hurlwutn therein eve forth. IN WITNI RS Win:RF.twF. I have he.contn ..1 n.y hand and •di.y,rl .cal ihr de) uml Sear left Moist older. fly romi,iL.ion expires. - Notary I'ublir. - ry • ;came woe *dare.. G feaUed •terror-. whether one or meal, end LY:isF;:a etc:; of AI aak:c, Inc, 5926 McIntyre St. , Colder., Co] armio MO401 0 C, gp1lK nnatera•Renln Shama...Minma l..a.r I'matom l7 a eilwi l rrl - a... I•rr rare -e.•. ,r , a. . ,,,AUG�:i?979 1801034 .I; 1 4 - MINING LEASE TIM LEASE le wads and stroel)ee the �..Ll'.,.. day of _ Irnweea Edwin C. Firnic and '3or[,-.tic I . Pity: :, i.r it::cod u,•uj wife az "Dirt tenants 1641 Elder Ave. a Creely, l.Jucido 8L•:.si fealled "Ln.n"h. Name sad ilia.. WITP ES SETH: I. INTERESTS LEASES. For end in consoleru,nn of Ten on more De: horn bid to Lemon by Lessee, the re. edge and esffirienep of which err birch. acknowledged by Lesser, and she mutual rm:enents set forth. herein. Leiter hereby fronts end ]marts eaclur nnhy unto Lester el: .inanista.earrdioni. other !Or iunable rnire materials, other spet:aliy associated mineral. an:: m,o all other eru'.. cf entry 'srrd and rhsraeter whatsoever, End all derslit cf II such materials and noun's. i , upon unC r.drr r.- binds described ay the t acre tea hdou loll of which met, all. minena and deposit. arc called :he "Subject Mirr ill"l. e• rope nil, gas. n,surea:rd liquid hyd bons and coal. The Subject slineraia are ]eased, at abort, together *nth ail inter its hereof ter n,):ired by or to; Lessor ix :he Premises, and luyether with :he rich: and privilege to ester upon the Prerr.ion for the parposes of susneving. eaplorinrproapyec•ing. drilling for. drvrlr-FFng, nunine, stockpiling, removing, shinnirr. Pied mo ueune my of :he Siker: Mi erslai :o canttrrmt on! use hm4rnae, road:. pater and cnehmunaseioa Itrea and all: improvements sden robin ses nobly deemed doble by Leafor the fun eh;nyment of ire Promisee: to use 41 much of the surface of the Permute and in such mar, 65 mu' by dnably nernnv sary, eueniene, or suitable for or incidental t0 any f the rights or privilege. of Losere hereunder rrss or .s a y easatwbly neeeeyary to .'tee: thepurpose of this lease; end !earth., with .1l .aamen,2 and eiyhta of ray furits:,.,and erne, ,. and ens, eo and from the Premiers to which Lear. roes, be coined: SERJECT ONLY TO: r 'liar lasers. regha and encumlrerces of reined: she tight OF Le.aor to use. hence and convey the run ner of Ih. Peeailes subject to :he rich:, crnnled to Leaner hereby: and the right of Genstar to develap or lease for d relopmer.,. oil, gsa, a striated liyurd ryrirucartrns and coal in and under the Preauues iron• far is the stole ...ley be de... doped without materials inrerfrrrar w,th I.•esrrb opera:iora unurr the terms hereof. The premise. consist Of the follow:or de.rrihrd lars& and reopen ).:n the County of 'del! and 944 uI Colorant) T. 8 S., A. vi 11.:1' tilt, tin P.R. Section 14: Soot!. Section. lj; South hinli (Si) Thu Premises also include all "acids Ind proprry no red ur do:r:rd by Lessor ad•acen: at conpigu.us to Ow lands and proper::: described share. Per the psrpo:e a1 eoliths:re the annual payments rrqu,rd belay,. the Prem. ion. are droned to eanhain omits. *the er arssally rrntair.lef morn or lass. 2. TERMS OF LEASE. This Leare no granted f sr or. i ei:,al :rem el : , (TOO a rears hc: oaid after :he date hereof. end for a aunlinuing tter1 as lung after rhr iri:tal a ttr. ' asmining. deer: lrpncr.t or pnrrmsin,; r. bring eonduesed hereunder u a eant.n..nr, bass, Such opt:odic. , shut: hr Snnsed condoned renlinuous ban's unless and until, after the end of the it . prrios o: Oct. hundred nighty 115115T y r ecul:ve days elapses i ovhieb np mining or developing or prue,ysing ms conducted. e.eluding, h,00ever. periods of force ma,eare as provided herein.. trams otherwise spori:led. alt references w the "l ne:n• ei the ]cue shell mean and inciude tots the oraial lean and the anh:nuiag Loren, 3. ANNUAL PAYMENTS. On or befnrr rank 'Innis celery of the time of thus lealse,y h4� n i,l,Ve eenkira ifs effect, Lessee than pay to Letter sr to the reedit of Lessor m the falloning Lank' of fyrnnly at rrnnly,-'o]nraA0 A�c31 ar any sueretfor. the fdhor,ng toms. multiplied byLhe number of arias of Sublerl Minerals rrtainrd ands: this 'sae on the anwterntry date on which the p.ymenl is due: One Pu:lar on or before the fits. oral each anniversary date through the ninth, fled Five Delius on m error, the tenth and mob annitne,nr, date thereafter. At,., royalty begin. to arorue hreevnder, Le.te• shall be required to pat the shove inmost paymanu only if and to the extent that thy amount. thereof, on the reapee!ive anarrtelary date. e<reedr the royalty arrnnnr here• under during the four calendar quaver i.r..ntedntete preceding each anni.erahry date. The above annual paysnsnu due on or before tae fine through the ninth anniversary delta shall be rrnmai. The annual payments due an nip before :he :rnth and each ruteredsnx anniversary ditto shall in. advance royally. and .hall canallftdle pre paynient of, and aduatirrs again.t; ytlty accruing a, any tsrne hereunder- Leone. may reer,-er all Wean,. royalty by eye -doing Is ay.e:e.. aril re neoepen of royalty b.api,ing due at any time, until as .d•anet royalty ha. bon annrered by Lance. a. ROYALTIES. Loolorc reserve. is '01.14five pereens Zit'. I of the value of all oret containing SabjRt Yio• seals produced Aim Wye Treesera. it the m ne a. produced in raw 'or bettan pronemenr m+r beneGdatior. stns before 1k. ores ore L. naponed w.e.5. from the nine w a lintof er ,ale, storage. or ➢enu.wme. When sees tnntaineng Subject Min.efala an sold by Lewitt in too' farm before any prunes:fig or be -nIer,•.. the eolith o: the are .hall he deemed no Le the actual amour: rrerrrrd by Lee.0 from the rate a( the arts. titer deducting tfanyro..a• stun testa from the mire So the point..! sale and drdun:nano made by the parch..er of any of the ens for samn,ing. snaring, and pendt:l.. If m -e mined be Lessee I,nm the Preis . an uranium -bearing area and we pr weesed or Senefiemica by or for Loner for the recietry of the urar win rI..Oil con:aened on the roes, the slut of the area 001 be dtt.nnirad a. foliate.: 2801034 Mine Value per Ory Sl-2 Sheri Ion rat Ore B' 879 enders!Ore �`a•77 S:raniamrl�.b.y (:r.ntrnl 0.10!, Delver 0.11 012 0.11 0.14 0.16 0.16 0.17 ale 0.19 02ar..nd mpae 3.00 0-74 4.00 S -b 6.64 7.50 a.* 986 11.16 12.64 14.0• .60setlephls forpurfeosayofth islre.e.h.lf?eed rwr,pht.Thrresu.5 Mth•ahireea[euLtonn shot beenseltdptlydbnk-18.00 ,.he a X'setae average price prrpountfor l:,9.:n ura n'umconrrnl ratelcor,manly referred Loin theuranium md,ictrhn "yetloiureke'1 renesce by Leave fnr_isles. by Ltsste. of uraniumeonrentrate dan,ng l}: eaalrpdar 0uartermw-with rho- uranium -bearing ores a re re mnrrdfromchel remise, for p,ei,hr"rbenefie,at,nlr.lino--conium eonrent raterneo;d by Lessee during such ca;endse Quarter. Then X shall be the u•e rage price rara:red he the Lessee foe Sales Stummium onrentrtle durmgrhe lost previous es ends. Quarter ir.4}, eh Le••er hod s:desof„rat -roe content rate plondrd tlrot Lesser hash.,, no o salcner uranium ronrenere1. rota period "fun epearpnorenthosal ender quarter :nu-hien theOres are repined and removed roe protrsemK then t he value t.*.an be the p,tisirshed or fair market price or LeO. in the area of the Premises, fur the calendar month in which the uraoesm bearing ores are re mn,rd. If 1:,0-. or any ehemieai compound from which L'a 0. can he derivedis pruductei by an in Situ or heap leach, ins amebaa Ski grade of ore bring leached shall be deemed to be U -,o i or ;cos of l7" content the number of eyuietlen, pounds of conuinod L.100 Cr the Solutions Which tar withdrawn for prorening shall it. coin uted in accordance ith ad -ended chemnal analytical pr,r0Juroa, said the rnsnl:y teseneel herein chili be payable nn the basis of that computation. If Sublert spnerais Cr her than V.0-- are produced t a !rnch+arg and precipita- tien pieces!. then the royalty rescreed herein shall be payable on the f+sr 'norket vale of the prra pilat'•d ptodurt. If ores mired hs Lessee from the Premises are t pr.ressed m hen.d, tad for the eon.r ,ery of uranium but ar milled nr berg f,riated by or far Lessee for thr r rin tar,tntrat: farm :f Fhb-ret Minerals olhtr than aniam. then the haler. for purposes of calrulnlinp Ilse above it ,:ty. r -a11 1temed to he the net purchase prier nerived by Lessee from the smelter nr ocher purchaser, rot S'e-..trete, aster rued Jet lag leanspOrlatian costs Isshe point of sale and deductions made by the purehasen (Se ttel71 Cf, •,,,n)�ap, atnalLien and tree lment. If after milling or heneficialicn Pie 'raneectrata rr i tirail.•? pry,. crony Tr, 1tneitre or olhrr testing pl0- ting !.Mite owned ar controlled by Lester o ••tb an (or n t toll Lns:s. thsr nrtalr•1le "a!] Le droned sold, [or roYmllela t,l c - t, In Lnwr shall L Jt.,nrd lo hat -r. received. - the pr - pc.r ' ` , to :he fair•reel :htre.tf at ;he time ai 1v a Gel . r: red fur fu'. or t a. ris.hg. Jute 'letaction, furail of the same to es ;cr0 spa_ �re;1 ,n the anteeding pnrn;rapr. ' r Payment of royalties shall i.e mode by Lessee to Lesrar. or to Lersur'n credit in ter tank designated above. Each paytrenl shall be male by Lessee's cheek ma:ied or del,rr,ea i•nruts-fior IPIl :ura after she calendar n:anth in which Loses'. recluses payment a the Iliehsse or ,o fear ,for :�enren:erteS sold by 't ono ful whirl royalty is payable brrrun.,r. If Ihr eenete::,to5 err - ,:'l ! e Lrssrr for farther peoeeSling by or for it, and are. dornic,i s 14 as °hoer. :hs roc ally sea; hr ;nod rely -1 r (_3s, days niter the calendar math in which tar farther pror0Fn,nt ,tours. Loth Serh. rut shall a ,rtner:soh:ed ay sla;en:en; slrnwmy rr_hts. acaIsr's and sur l. of all nsr rnlrates. r -.a •serif rimc et dosed f:np, IFS ['remises clue -inn the pfriod for which payment is made and lag ar,Van: ,t gnu ;...,See; or rusts ,I,r: rtil'le :hcief:rin. Ail statemenu rendered to Lr'uar b?' L, ro shs'.I'.-t c' otl0s„eyaru,utsed to he :rue and arrest litre slaty (gal days room the rani at :hr Sahel ro .Shish <ueh stairm,nr ui,r.o;s Sri,-.• s, 1bi said ri,ty.dav penad Lessor Laker eserption thereto and .rao'r :;nice. slain: a L,•src r stilt•'. F:,il.re on , n.• art 0.I, s r to make clam n Lea. a for adiusi rent m •'ash *rind Shall•. -5-a o.: net corr.-VS-aye d prelude filing rf to rrrtions thetcto Or making of d into J,rr :alto:tiro.' ti,errae. No a-.?t:r.rnt.. ..as,, --rota i.n-see she], it' n., dt ''r. e't, s.ith- rn the pecorriied ptrrodu Jr onle.. in conne tliu.l with a dart of i.cernr s, The mineral torn lent of all ore m n,d ;:rd ',sac te frur:, thr roe !hall hr rL del rr,hined by 1 -son"..." by the mill or smelter to ,Shish rho ore it sb.pped. i ,n nrrJnnct .b.ndard • r'•C end nralysis p, nerdar rro, rirun tau asst to Lester, and at Lusher 0 so pork,. Lesson shall h.'.e lhn r:pht to i•ave :ep:eriCLOtil0 ornery, at :.he lime In/Pules are When. If Lesser mills the are from the Prem:ser. Lreao. sh,il -u ishrd. p .w-+soa's r?truest slid Cl no arcane to Lessor, a partiva of all a mples Takrn for snalysis ph: s:'r�n jet urnSe re!a nod by Leanne far later nea!yyia by independ.ne referee, and. in a err nI .,f a din C'. re crnrroit Lrs•,a-r as,ue rf c,;Flp1,5, royalty ptymrnts 5ba11 he Imbed tin Oho assay results deterrnrn,d by the iniearr,irrymisses • r'f t -o a tint of the 'or!ies. The rest of the referee shall in peed hi' the parry rhr'r alloy n.rn Vie ,;ren:et: ter:oro a r-om tr.a: of one reface. All residue ne Lainincs rem tin: after t ,e 'n::gal r -a resrmg n ' Snit a :hr erode ores :lined !rani the Pecm- ses shell bo the sole and errtusive :me nett:: of Lessee, rr:r,ded if any curls utlinss sr /e5.d.an remain mt nny of the Ptermses as to %hirh this bast is Bern ranted :or a c lied o' oar ;:ear af!rr this e:f,etiee date of ouch lemon.. lion, then se becomes, Lessor and Lessee, all such lafir,gs stall be tr.r sale and rxNusrrr property of L 5. LESSER INTEREST. If Lessor r an interest it the Sothic Van. nals .Ice is less than the entire and undivided nacre' eclair :herein. 051:01 be r er n: suer 1,011, utterer,, a. rote, red to Ile .rein.:• n the r rallies and annual pnymen:s provsdre fur bete:•. !•al belard In Lcisut ^iiie:he rot:on %I vrh Les,ar's Interest n :hen boars to the shale and aJ,• nd:0'_ 'meant e51.� •,".1 rtc Le:s11 ber'led r.' rots:n sely-'hat prtpur::On Of the moneys PretiO0Siy paid to Lessor hereunder as lessor's said :•trust ra'..rsto the unalr and urd`.Card mineral esfete• and Le:sce shall be entitled to offset alt other m neys P:te,ous:y raid Le.:, het,and.; against 1o! alties and en• nual pageant, x hieh ,h ere]ltrr Seeon,e duo rod Cal':'blt to Lessor here. tide:. SC'h rrtotel to th.a: pet:iOn. if any, rf lhr i'rentrsrs in n hirh Lessor owns no right. title. us, in,: ties. in the Soh.: c: 51:0. -eels. Lrs,rr :5 order ns nblipa- bon to pay, and Lrsaer has no rignt Ito rerelre, royalty or annual parmrnle. 6. OPERATIONS. A. £5Pt,tlt,kTaON. sli N'IVSi _ANSI efTtir.1t OPERATIONS. Tie l.tsso' 'nor use and rnipidp mrlhods of eopinrulan- deoeiopment. emoting and parenting as it may =;sire Sr find moat trof,ra:Cr and n reu,tal ono vas'. `oon i, em:t s necessary or stowable. direoritinve neer,' Sans r5irely Cr IJot no d5'a- +ref: and tents mrel its ',largo,',largo,004 he: tundtt to ;as annual parnicrts Trio 1 Cut. !.rany. Lerscr s Sal; net e -;tarred to !nine. pre, -+ ver pro:p I'S m,n'er her elmt n5 any 1. b'etI ?Low's : n u rr -:nine fr,atr:trs cannot be mined or !hipped l n prafil 10 :Fr Lc,,ee 01 Or ,Inge nu, e. -tent . i,r -:ry 'rail Soon • ' •hc :ohs and pr:r:leee et any tame, during the term of ti:n least oaf as long :hoe:t:ter as a an rr.teren a', .in.0n or under wipers:: or •eighbaring Isnda. ra use on, and all toads or nerd,"mfr c :a.IJ at any tinge on alder the pn'r:.es to itl hWst' nl'N.ng 'tors or rn.nerralt an 51:3cent 0r ore-ri'.-r,nr1 ;•:t; c`:, at any or not r rlrpr„o! ar.d Mod, or nos owned by Lesser. Leta, ,hall have rho lurch,': rah' of to„'p. +.ndr:ground a n' 'he rurfaee On pro• ressmnts. r ?:aonly 'ors. solutinns we talks prodorts err, :.,.n'.nprS`ur. r+s,1 iqr, ria: and I•i ad trod from the premiers er any o alum ihertuf with arcs, bu!aliaaa ut prn:ls:el fr.,m an,' nihet !undo.inew .dad stet the mihinp :a mean. slit Seed nnly aft?: t're same Fnre been sampled and alto! the wiven1 „•tome :'ereof 'AV bete settrrn.nrd 'Cr eattr'alnea try sound sag:aeerrne peroratesAn ate reerra at to , rw,of a n- v lame. nu 0111, analent, 01 are.'nreen- state nr nthrr Troduere from oath propery citing !sea rots .,:a tort .fall b:' Lops a note a, a,labie ra Le,•ar at ail reasonable tunics, and shall to used a, toe basil of the silo:ruin Letseeen the pin nrrtues, of pr9dtrtion myal- nes in hi pad anrrefor. Although Laser ,hail More. and is hvtnb) granted. the free use nl x ..tt ..fm mid and, ..state .hall not oar ;rim Lessor's weals• Lank. or horforo ruiner•. s,AINTEN.h,'SCE L'_bre agre'o W mountain ail rinds. Camps. rsf:lls,Ih. slid mines to a O50 too wer.msniilie manner. RIR 7 1801034 C- .vu bkl..SITE �F.ak 1,0101 r.l r. Ilea N: :.I.a• .our I. 1.ra'.,I �,Lh,n to. ounnrr,lfro of app r i.Imt 4x.11;14 Ip,u.e pn1..-.a i.e S.,r pint .,u,a . r-1 . rf r--.nr, 0 0Eti `ES. if Is•x., f:o: r�,ry tn.... .1 1r- '0 Im•xugr'I firs' :.ill Install and I,uoe 11111' r -tyape pnato nt .-nrh .,,.1r,�! a .. ,.1., wog .'.l r n,a•I. :.. +1" .rr , fb•ten be lenr, r• Lo these p fu : m.nnrr hrrh .J: w.It ns a ; ;nc I:..... a:I' . ;ellt .. ,:.r h r•r ieang n rat• of n ru.i VLp .rrrrubt.Lo .1 r. If, e.11 t: -. rr tent .�y t= i ,,n4 . -- . ... rind r 411[.. rl .hall t.rto ¢ho right la nstal!rtherrrn aLLlr4:ptd•nS .....-n1. 'le •' ... -,..,b , IL. 1111 tht t�i•r of Ir.ffrr n,re.•.ry Sof it, nne,•l.unt and eepabie of: . E PA s.0 ENT Earl 1,13tAft 'r'h,. I..,.. Malt .:t_...,,<,. ..,...;.,:-...... !n ;nr i•,jn:ed ',arty or [[r,adios far x11,0! d::;rages rn,u ,1 1.1' . up,,, •,.r rl'r, .a'•r.. . 1t,hdh,r:. dr= (FInr5, gO'er, :,.rrer; x, toads and '.. rur.nl, owl,::.. x u . .•I I, h n o. are r i [rr1,.+, graze. b :nlury- n pia. ,_} IirusS.cY. •1\SI'F.CTJON. I_, s...: du:: . u ,..d A't.f•••r,: n:, 1.:-1 :- „ uf±',t, nr: ri.nldr a[ all rraxna- .l,le limes and .n • .=r ,able rnn nn u =.o.t , :. n ehr s , .. to tha- P .m.,..+. nr any 1.all 1h,riot, frr the Irurl„1e,, r :r.•T•rr r h p - . - h,=I1 I Iarmhs IInr, oil rla ;ns for dmrag+s ..rix,ff nut of e , n.... - I :: t s s I- ] I - 1- xr. r .,r Lr•.rra gents or art. ants while In or op,. .h. ;',, n. I a- h,,.,. nr .er ..,, nn r 11,.11 of nagl: Krnre..f tie Irrf4.G fe, TAXES, 7,es...1 :,r u, 1,a.!. .-,n,1 .. . ntr a .nea,n.t lhr i'eeen. a:n1 ali . r.0 I:r ngr .r.:e l:•t I.:, al; a . r:•:. rr.f, 1,.•..1 -bo:I •r imt.e Rr. i r- .. f„rnll.ni p„rtinn ,1 1.111 llnrr. htrh . •1 iibutablr me., .t I I ag :, n. r"•r . ,m �r• In L. ••rr. 1, 0. Lhr Pan .xn(rllr, L.L I:r In I,r..rr'S :of say I t Ii...r:r. I,- f II .41, f.-1 puh:,r t non. and a ,.hethrl er.nral, srr,;f.r.u,'h.„. .1 L•s.-..t el ,.,,,I '. :ht I',.n,+ ..n,i at[rih:.lhleern I. +re's nprreta.n. upon ,..ryt ❑ .•I I l f. Ll'at ',III, rr ar.l wtr , t . r. I r -t n 1 .1•.,1 •11... my faoh t AI"! f t1 -•l It . 1 I 1 } 1. - tl' : peal 1uflar ''r 1. .rt.•,'.t - .. any ot,. . I - k! . . !1 f l Ihrn'na t..]:r I .n.r, e.... .11 •odor a '.d h, r .,:I ., ..ar r, •r I1r ,naI pn•party anJ ...h:, nu. 9- 5r-5 itRa S7 iansla.i II. t:1:r I. the r' x04 n . loot f rnr1 :11•:rm...a.syI1 .I. •r...ts lnl an hf1i,•nJ -r y'JS'r - 1j_ . ..........: r1rL ,net:-rni Of svl: lrtrd right 1, II!.,I.r :ft`'i!t, Nyal.\T. The ....tr:arts":.:'.r a••.g'..: ..I:,:,.. 11....11, 5..... '. n,.in 1!.=...rich 1 h T n,. • 1 -1 I Iuntil I + has •.v ri 'd with a 1 I fr or r= r} This I d 'r part 1'rll of ll Ar..1 t nr Irir. lhr pnln..II or Or n nn: [.r:r:,. .at 11... ,r 1,-d:rs c •.., . brevr1, an '1'1 rnhls r,,.:L..ard her , ,: h 1 1 I S r 1_ tr,r. anyftrl art 1011 �f th f - A- S ! ;, tl I-, t '.l' L .,. sr nod •!,.:harge ILe 1.a. t ..f 011 w+ Fnt _,: Lrr.' t. . I.:.I. .... - f n., r .,,. 11 till fil'SF IF.- H.. 1t ,r l.ar' n -II n..!pgmrnt•..rry- illi.'sl.r-'...............11..I,. tI, I- Iit umrdrt•ie Intl.lo in •• ,I. ant r. ..1 .,.I .'.1 1 In..:1,11,,1',:11 ,1.x::1.. d....it. •..d Iran. ter ,r.l,rs on prhn:f ._ •.,id t.'rt rid itr. . i+r::r.- e,. r- .a .n., 7: Lhy,al:7:f: '1.1111: ]ill:11(!:; if:Ltoli a:.... '',.sr, d,la.;l. il. Ihr''rl:n.. nl ,hr :rim. And ::f, '.rtha:' r ,1 s' ID) day. +,ft. -r x r.Iltn :aline of the drtnoll . - r I,r, I.r ,.:,, :,rh o Ii r r tht drrnu:t iI Sursu,d :Idy't-nt!r. IShnv'. ,"t:'.^:v:0u rt l.:..`. .Inv. .rn:'. r1:'-.:'...!�...e:h,:^.d.d .halor.r t.r.:.faun • . fn:luu Ln pa'' 'al n 1 -. h - ._ - d r. 'r k term=vale [his is nl .riu,n rt're 1. '•,I -, 1- d,-.:, u. ,..I ; ,L r do.!. .h, x _ n yaure nr Ihr :iefaolt i.a. 001 w S,tr a I !all far.. r,:, !IC!!! y. l:u LI I.rs le ,nt'. ..:`,., , a:, pt n :•xpnaaly rrnridcd .n lit (0,t1;Ci,".1; L>-1•rr,hal1 nut'. ,I, roo-d ^. f�: :IL, ,•r • '.nr, ..., ,f 01::111. r, • ;1"'n.;... h. r ,;luring, rind i x' hob ptrf.:rr.:hoer or rys: .'.rm : r .c. r, i I-. 'bro 1 .,l�-. ....rod 1-.. ,'and. 1:I, raranf unkb ▪ s r:.IVrd "fnfrr :nut. ur," I..rre r:�nl,.,.. •1'1.+.1: . It.^,L , duo::. n. [.-r.• ,`i,:.t•��.,: Q1.0rmt rther drmacr tram the . 1110. : , al•:. r„ '.-I... .+I5 11;.rs- n( tra„sp0r.nt1,n '.f nar.r.aly n,uirr,r I - g 1 n- 1 !411 r,:F, LS..rt en. ail, of God and a[ t• of t he rub!.[ ..a. The. '1-xt•n.f c'.'r,..,,.,1,I • i..1 „t'..i..l .1..01 Lu:hr I n_ nod of firer 11:0,0=rt. All p.fi.ei. PT I.l n •':dl .. J u r �I tl r :ion Le.),e OIL n= rrr(00r1anrr nr n rrnl;rn. hltl'I do, l:a n moan of Darr l'I,Jt. ..:,rr' l .V:, II .:.;d. •• • . :...•rnring and ;':dine date of rnrh 1.011 . ,_nod. Nre1ing hririn .hei3 li.1v1 Lt. is : s:,cun..n :., pay ,, .....J pas n„.... ,.r „•ybl:r ter urn -, m.d and raid. ail prov:dr.I in :11.1 Irree. Leave 1Lull hnor 111, rich' lu 1,-11-,,ra:r this I.a.. at are La.r ,r li:s dl:rkag :5r term hrreaf, as In !JO.Subjeri M,in-a,L uhd..as'Vae all t.r bey I::r •'r ',or, par, of illy rr e I-.tlion .s I...: nne rr to Lessor xrttrn Otto xtatiny: nueh 1n'.n1on to ..•rn .nlr 1 J J-1f;1::.'g .1.. 1•!':t. of ii. i'rs,..:x1, i! L^s khan all, as le which the Lrrninat.un :rt'I.rn. Thr le. n::,...tin.. s •!J: LL, ant, ih, c •rr:.(,rri :n thi nn;:er. or. If nr .Iile on eprrifi.•.1 open Lhr Jnla r nub. :1.. :. gn. L i. r, X111, L. - all right, tale. rntrnst and .1::,a• I:oe1 01 1 �ssrr h+Ira:141, ;, ..n.:u Ihr�i I. ,. I.', ';a' a Lbee i,arr u,cru.d ,.lyd.-r 1111 , vl••rs. I t.., .., . !hi, 1.;. , a;.:1 ah:, i'I'.'u . 1r rt I 'r.r prl formed. If lht roar. •p, r.fn4 that r1is r. n the:. p) I.,-ibg •. . ' :h, • ,rt ,}!r:.rna.�. -a: ',rig a part. and Iu.! than all, rf Li:. P,r ., nF,. _11..11 : .:f.I... a4• n, ; I tfi nderl. all pa n[ Om tie is .p1 the 1Is t or 4•f rl+ nr np.x.f-.sd SFr::hw.1n ash . .•f .1.. n. -1.1t- .1 ', rmrn�tinn, I., 'r !hall 11.1.0 rind �r are, or n.......n L,....r fur r. r,..d:nr. n f.l:1:.: 1.1...s,.•r 111'1. 1.+nr a• t:' el.• I..r tf of the I'remtnu deer.111.1 ir, : he no[Vrt. hn.r. Ii.. ',off,' to „ . itc..: the :'r. •n,.,y u-:. -- i ,;!!:lingx, rtnob;„ 1, a of nn• o r gal, aa:1 nll.er r,"I:•'., I'iut ;m;. ;h, Pn • '.y : II,,..•, .1' . n I.: I : ant rim... d-,nng lk Iran hereof, al 0 .1,:., , r alter 1. ,.r 11,1 1.,,-r hi. ...,- ,.,in .1 the Pala. •rs O0 which such n 1oc.1. d. y I3. FJkTkfER DOCUMENTS. Al fbr nv'., .a:L nl•n., of 1,,-or,'.rs•nr she': dr7irrr to Lu.ner for Ow pUr{Fpore of spying the 1a nr. any 4:ns..,. iia, aherrr.ct.. f,,., - r'lfe[ !,I::r:,'n:ern rr]al,ng In Om Suhjvel lisn• ernlo, the Pr. nests, :r Li •x1'4 ,:p.1n Ilrnr lug.0:.411, . hr.': .r end :err ..'.roar ray' i rvrtn.bs. ..,nN. dreurorntS. c 1111.. i'+, i'r:> n;,l) •r.: �,r, r r I., r.•1 ti.r i:.+1415. ! thin I,1.•e. l.rteaf al r• ill e1iu,., .ball loll'', talre.1111 1.01.00 :a boy •r.... r.0 hit u.r a :owl 'I.. "IC n,,ffrrl:r.4 the. ru taaars ar that Ions.. la. NOTICES. 1511 Attires rrrluirrd ar p,r,tled to br gluon htrrundrr .hall hr dot:cad prup;rpy g+arn upon driine r'a'g the mans to tin, pally II in: nrt.rlr.l.Or ,lour r: ni!:sg Ihr n:a;r[, I•y rr .In. rid ur rrnifxd Inn.', um re.pl :.quested, or upon fondatg the fnO.e b] Wonlern11'A,rn lrirgrtp1, la ,hrgarll' to 1.r rola-,rd at its addlro [ 10,15 abort, 5, such .the, addrrf. y'Lk.,n the cnnImenta, Ln:'.d Li wlr• or.!,,rrir. 0• I'nr pony t. Le not:f;rd may hale dre:gn..rd prior llorela by writ!.., r nnl,re tc : h, nth,.. Al: ruasmrI,7•,r.• I,rr rundrt ,0010 l,. ,Iellsrred by ardinay United Matra meg, .ddrea.rd to the= ire14.00,1 e;,100Iese 1F. 1Pi7:RS1-: MAIM- la Char of IA, edrrr.r tlttm, 0,11, 1, or garninn, as In Iha rxnrrship of the Poem• Iota or rf fhr annual pay.,rnts or y.turl (Or any intend' In -,.ml l,sFOl.lr ::ndtr thin ],.se, Loss', shall nil be in default ' pbrmrr,t al annual .r.nlr,rn[s nI rnyalrr. Inn:the : he +u .1.0. . ,saule or 00..1:00 his hren f,nullrr CWr i,'.ed all Aar p.y..nre or !.r1d shall Lr ;aid x,l!:m telrly IJOb d Mye Oiler Ler•re hall Aren run,ished 5,sT the ur:ann., .0:.100 menu d;1:-L.,ng if the to: I, [lama or rl,s pu:e !u, cerpr,rd tame.1.1 herrnll, ur of Lrr l.essre had belt pfurnished with roof anf1 eknt, in hemmer opinitoo, to tattle tae question_ If the Meets or intermix granted [Amoy8 teoerdar are disputed. It shall not he rnunled against Ls.eee eahe, as •fleetl•r the term of the It... [which shale bit extended bo she period of dispute) er for cry other o,,poor. end Levee may withhold all payments due Le nr hereunder without intermit umJ there is • fees[ adludirat.on or other dererrninatiee of she dispute. ld. ROHIfSTEAD. Lessor hereby r t and re]Inquuleee env right of homestead exemption oehleh Uwemay haws In the Premieea or in the Subject Minerals. 17. RINSING EFFECT. Thus less: shell be binding- on the partite hereto. and upon their hello. iorrnoore and aloign.. This Leandid) he I,indint upon sit who rar.ule il whether or reel mimed in the body hereof as Unbar, and without teemed to whether thin insunment or any espy thereof, :hall be rarruted by •ny ether [.error corned above. All who reerute [hie loose shall he Le,aora the mote so if nnmrd in the body hereof. IN WITNESS SSHEREOF, thlo bore hoe tree duly oheeuled no of the day aril your Get ahoye',Allen. LESSOR. Bea, r oradn County*, Weld Jaa' The feeena:hg iostrunee*t was acknowledged before me thin . ZQ 1._-_ doy of . H9Y 1978 , by Edirin C. Pirryie ar.d Cert.nde M Piamis,hustaard..and as jnttrt twaants CO] Stata of County of AR202433a B 1083 REC 02024338 09/10/85 16:26 $36.00. l/0I2'' F 2157 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, Co.:,' LAST WILL AND TESTAMENT = # ' '' ' OF GERTRUDE MAY PIRNIE I, Gertrude Hay Pirnie, a resident of Weld County, Colorado, being of sound mind and disposing memory, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking all former Willa, Testaments, Codicil. or other testamentary dispositions heretofore by as made. FIRST: I direct that my fiduciaries as named herein shall first pay or cause to be paid all of my legal obligations, funeral expenses. administration fees and Court costa, and shall erect or cause to be erected a suitable marker for my grave, and I hereby -authorise and empower my fiduciaries in case of any claim made against my estate, to settle and discharge the same in their absolute discretion. { SECOND: I direct that all estate, inheritance, transfer, legacy or succession taxes, or death duties. which may be assessed or imposedwith respect to my estate, or any part thereof, wherever situated, whether or not passing under my Will. Including the taxable value of all policies of insurance on my Iife, and of all transfers. powers, rights d;. interests includible in my estate for the purposes of 'such taxes ank duties, shall, if my husband. Edwin C. Pirnie. survives me, be paid out of Trust B of my residuary estate as defined in Paragraph FOURTH, or, if my husband predeceases me. be paid out of my residuary estate. and is either event such payment shall be made as an expense of adminiatretian and without apportionment. THIRD: I give all my household furnishings. furniture, jewelry. silverware. books, automobiles, wearing apparel, and all other personal' effects which may be owned by me at the time of my death, together with all policies of insurance relating to these items, to my husband, Edwin C. Pirnie, if he survives me. or, if he predeceases me, in equal shares. to my children hereinafter named who survive me. B 1083 REC 02024338 09/10/85 16:26 $36.00 2/012 F 2158 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Last Will and Testament of Gertrude May Pirnie Page,,2 FOURTH! If my husband, Edwin C. Pirnie, survives me, pry Person 1-: Representative(s) shall divide my residuary eatate, wherever aituatjed, into two parts, hereinafter designated as Trust A and Trust B. each ascertained as follows: (a) I give end bequeath to Trust A a pecuniary legacy in en amount that equals the total value of all assets I own at the time of my death that pass under this Will or any codicil hereto leas the aggregate of (a) my debts, my funeral expenses, and the expenses of administering my estate chargeable to principal (including but not limited to all estate, transfer, succession. Inheritance, legacy. and similar taxes imposed by reason of my death); (b) the total value of property passing under other general and specific bequests and devises contained in thta Will and all Codicils hereto; and (c) a sum equal to the largest amount, if any, that can pass free of federal estate tax by reason of thtt unified credit and the state death tax credit (to the extent that use of the state -death tax credit does not increase state death taxes payable r''; by my estate) but no other credit. after taking into account all otter general and specific bequests and devises under this Will and any codicil hereto, all property passing otherwise than under this Will .or any codicil hereto, and all charges to principal that are not deducted in computing my federal taxable estate (including but not limited to the death taxes referred to in (a)). In computing the amount of this bequest, the determinations of my Personal Representative(s) in exercising elections allowable under the Internal Revenue Code and the values and amounts finally determined in the federal estate tax proceedings in my estate shall control. (b) I expressly empower my Personal Representative(s) in 0, his/their sole discretion to satisfy this bequest in cash or in kind or t partly in cash or partly in kind. I direct that each item of property which my Personal Representative(s) shall distribute in kind shall be. valued for purposes of satisfaction of this bequest at its fair market B 1083 REC 02024338 09/10/85 16:26 $36.00 3/012 F 2159 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO Last Will and Testament of Gertrude May Pirnie Page 3 value on the date of distribution thereof unless (a) such fair market value shall exceed its value for Federal estate tax purposes in my estate in which event such item of property shall be valued for purposes of satisfaction of this bequest at its Federal estate tax value, or (b) such fair market value shall, if such item of property shall not be includible in my gross estate for Federal estate tax purposes, exceed its cost for Federal income tax purposes in which event such item of ?: property shall be valued for purposes of satisfaction of this bequest it its Federal income tax cost. I expressly direct that in no event shall the total of the cash and the fair market value on the date of distribution of each item of property distributed by my Personal Representative(s) in satisfaction of this bequest be less than the amount of this bequest. (c) I further direct that in no event shall my Personal i.- Representative(s) allocate to this bequest any property which dote nt+t i! 4-I� qualify for the marital deduction for Federal estate tax purpoees;,.aha- if there is other property or cash available to satisfy this be'qurt there shall not be allocated to this bequest any property with respe4 to which a credit or deduction is allowed against the Federal estate ts4s`i�;i. upon my estate for any other estate, transfer, succession. inhertten s or other similar taxes imposed with respect to such property byga'sy V., taxing authority. (d) Trust B shall consist of the remaining fractional shire of all property in my residuary estate after deducting ?the fractional share allocated to Trust A. FIFTH: I give Trust A and Trust B to my Trustees to be held in separate trusts. Trust A shall be held, administered and disposed of as follows: (a) The Trustees shall pay the net income of Trust A to my husband in quarterly installments or more frequently at the discretion of the Trustees, during his lifetime. In addition, there shall be paid q B 1083 REC 02024338 09/10/85 16:26 $36.00 4/012 F 2160 MARY ANN FEUERSTEIN CLERIC & RECORDER WELD COD CO Last Will and Testament of Gertrude May Pirnie Page.4 to my husband during his lifetime out of principal of Trust A inch amounts as he may request at any time and from time to time without restriction. I hereby grant to my husband the power, exercisable alone; at any time, and in all events, to appoint in his will, all or any part of the remaining principal of Trust A, free from this trust, as a part of his estate, or to his estate, or to any other person or persons; bat in default of such appointment the remaining principal of Trust A shall be disposed of and in the same manner aS Trust B. Trust B shall be held, administered and disposed of as follows: (a) The Trustees shall pay the net income of trust B Lo;_sy husband in quarterly installments, or more frequently at the Truarees,.-, discretion, during his lifetime, or until the remarriage of my huah04D,,,1; if such should occur. (b) Anything hereinbefore contained to the contra_ notwithstanding, my said husband shall have the power in each calendar year to withdraw free and discharged from the principal of Trust -)1! ea amount not exceeding the greater of (a) the sum of $5.000.00 or (b) S1 of the market value of the principal of the trust on the last day of the calendar year in which such withdrawal shall be requested. Such power. shall be non -cumulative and shall lapse at the end of each year to extent not exercised. (c) Upon the death or remarriage of my husband. Trust also Trust A upon the death of my husband, (if my husband has failed .ta exercise the power of appointment) shall be divided by my Trustees into equal, separate shares so as to provide one share for each child of mint living at the tine of his death or remarriage and one share for the they living descendants, per stirpes, of each then deceased child of mime, and the Trustees shall pay and distribute each share in full to each such beneficiary upon my husband's death, subject, however. to the provisions of Paragraph SEVENTH hereof. Last Will and Testament of Gertrude May Pirnie SIXTH: If my husband, Edwin C. Pirnie, predeceases B 1083 REC 02024338 09/10/85 16:26 $36.00 5/012 �p F 2161 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO,, CO _'• Pegu me, give, devise and bequeath the residue of my estate, real, personal and mixed, wheresoever situated, to my children herein named, share and share alike, said children being named as follows: Glenna Kay Hamilton and Gay Meredith Brooks. If any of my above named children shall have predeceased me leaving no issue surviving me. the share that would otherwise would have gone to such child or to her issue shell be added to the share of my other child and disposed of as hereinabove directed in Paragraph FIFTH (c) above. SEVENTH: Anything herein contained to the contrary notwithstanding, whenever pursuant to the provisions of this will all or any part of the corpus of a trust shall vest in absolute ownership in a minor, I authorize and empower my Trustees, in their discretion, to hold the property so vested in such minor, or any part thereof, in a separate � fund for the benefit of such minor, notwithstanding that such prupe*ty may consist of investments not authorized by law for trust funds, end:co invest and reinvest the same, collect the income therefor and„ daribg the minority of such minor, to apply so much of the corpus and 30 !muiEh of the net income thereof to the support, education and maintenance of such minor, as my Trustees shall see fit, and to accumulate, invest, and reinvest the balance of the income until such minor shall attain the age of 21 years. and thereupon to pay over the corpus, together with any accumulated and undistributed income, to such minor, and if such minor shall die before attaining the age of 21 years, the corpus, together with any accumulated and undistributed income, shall be paid over to the estate of such minor. The authority conferred upon my Trustees by this paragraph shall be construed as a power only, and shall not operate to suspend the absolute ownership of such property by such minor or to prevent the absolute vesting thereof in such minor. With respect to the administration of any such property which shell vest in absolute ownership in a minor, and which shall be held by my Trustees as sr fo 14. TEW B 1083 REC 02024338 09/10/85 16:26 $36.00 6/012 F 2162 MARY ANN PEUERSTEIN CLERK & RECORDER WELD CO, CO Last Will and Testament of Gertrude May Pirnie Page 6 authorized in this paragraph. my Trustees shall have all the powers vested in trustees under the provisions of Paragraph EIGHTH of this will, and the Trustees shall be entitled to commissions at the rates payable to Testamentary Trustees. EIGHTH: In the administration of my estate and of the trusts established under this will, the Personal Representative(s) and Trustees shall have the following powers, which shall be exercised primarily in the interests of the life beneficiaries: (a) To retain, in their absolute discretion end for such period as to them shall seem advisable. any and all investments and other properties held by me at my death without liability for any loss incurred by reason of the retention of such investments or properties. (b) To change investments and properties, and to invest and reinvest all or any part of the corpus of my estate, or of any of the trusts hereby established, in such securities. investments, or other property as to them seem advisable and proper, irrespective of whether the same are authorized for the investment of trust funds by the laws of the State of Colorado or otherwise. (c) To sell all or any part of the property of whatsoever kind of which I may die seized or possessed. or to or in which I may be or become in any way entitled or have any interest whatsoever. orover which I may have any power of appointment, or which at any time may constitute a part of my estate or of the trusts hereby established, at such times, upon such terms, for cash or on ,credit, with or without security, in such manner and at such prices, either at public or private sale, as to them shall seem advisable and proper, and to execute good and sufficient deeds and bills of sale thereof. (d) To lease any property held by them and fix the duration of the term, irrespective of the provisions of any statute or of the termination of any trust and to mortgage, pledge, collect, convert. Sr B 1083 REC 02024338 09/10/85 16:26 $36.00 7/012 F 2163 MARY ANN FEBERSTEIN CLERK & RECORDER WELD CO, CO Last Will and Testament of Gertrude May Pirnie page 7 redeem, exchange or otherwise dispose of any securities or other property at any time held by them. (e) To borrow money, whether to pay taxes, exercise subscriptions, rights, and options, pay assessments or to accomplish any other purpose of any nature incidental to the administration of my estate or of the trusts hereby established, and to pledge any securities or other property held by them as security therefor. (f) To enforce any bonds, mortgages. security agreements, or other obligations or liens held hereunder; to enter upon such contracts and agreements and to make such compromises or settlements of debts. claims, or controversies as they may deem necessary or advisable; to submit to arbitration any matter or difference; to vote personally or by proxy any shares of stock which may at any time be held by them hereunder, and similarly to exercise by attorney any rights appurtenant to any other securities or other property at any time held by they hereunder. (g) To consent to the reorganization, consolidation. merger, liquidation. readjustment of or any other change in any corporation, company or association, or to the sale or lease of the property thereof or any part thereof, any of the securities or other property of which may at the time be held by them hereunder, and to do any act or exercise any power with reference thereto that may be legally exercised by any person owning similar property in his own right. including the exercise of conversion, subscription, purchase, or other options. the deposit or exchange of securities, the entrance into voting trusts, and the making of agreements or subscriptions which they may deem necessary or advisable in connection therewith, all without applying to any court for permission so to do, and to hold and redeem or sell or otherwise dispose of any securities or other property which they may so acquire. irrespective of whether the same be authorized for-,1tbe investment of trus .funds by the laws of the State of Colorado. j.rm PP B 1083 REC 02024338 09/10/85 16:26 $36.00 8/012 F 2164 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Last Will and Testament of Gertrude May Pirnie Page 8 (h) To cause to be registered in their own name, without qualification or description. or in their name as personal representative or trustee hereunder, or in the name of the nominee or nominees, without qualification or description. any securities at any time held in my estate or in the trusts hereby established. (i) To determine the manner in which the expenses incidental to or connected with the administration of my estate and the trusts hereby established shall be apportioned as between income and principal. (j) To carry out agreements made by me during my lifetime. including the consummation of any agreements relating to the capital stock of corporations owned by me at the time of my death, and including the continuation of any partnership of which I may be a member at the time of my death whenever the terms of the partnership agreement obligate my estate or my personal representative to continue my'in re t therein, and to enter into agreements for the rearrangement•, fir.', alteration of my interests or rights or obligationa under any'. such ;`! agreements in effect at the time of my death. i (k) To apportion extraordinary and stock dividends receirod by them between income and principal in such manner as they way see fit; provided, however, Chat all rights to subscribe to new or additional stock or securities, and all liquidating dividends shall be deemed to be principal. (1) Except as otherwise directed in Paragraph FOURTH, to make any division or distribution required under the terms of this will in kind or in money, or partly in kind and partly in money, and to that end to allot to any part or share such stock, securities, or other property. real or personal. as to them seems proper; provided, however, that my Trustees shall not be required to make physical division of the funds except when necessary for distribution of principal, but may, in their discretion, keep the trusts in one or more consolidated funds; nor shall my Trustees be required to make any provision on account of 'the } B 1083 REC 02024338 09/10/85 16:26 $36.00 9/012 F 2165 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Last Hill and Testament of Gertrude May Pirnie Page.9 diminution or increase in value of any securities or investments at any time constituting a part of my estate or of the trusts hereby established, or tor depreciation in respect of any tangible property, or for the purpose of amortizing or making good any amounts paid in premiums on the purchase of securities or of any other property. Hy Personal Representative(s) and Trustees may freely act under all or any of the powers by this will given to them in all matters • concerning my estate and the trusts hereby established, after forming their judgment based upon all the circumstances of any particular situation es to the wisest and best course to pursue, without the necessity of obtaining the consent or permission of any person interested therein, or the consent or approval of any court, and gAivz notwithstanding that they may also be acting as individuals, or as trustees of other crusts, or as agents for other persons or corporations interested in the same matters, or may he interested in connection with the same matters as stockholders, directors:, .or otherwise; and the devises and bequests, in trust or otherwise, made in this will have been so made in contemplation of such freedom of judgment and action. The powers herein granted to my Personal Representstive(s) and Trustees may be exercised in whole or in part, from time to time, and shall be deemed to be supplementary and not exclusive of the general powers of personal representatives and trustees pursuant to law. and shall include all powers necessary to carry the sane into effect, including all such rights, power and authority granted under the Colorado Fiduciaries' Powers Act. The enumeration of specific powecs herein shall not be construed in any way to limit or affect the general 5 powers herein granted. Notwithstanding any other provision ir, 'hie will, my Personal Representative(s) and Trustees shall not exercise power in a manner inconsistent with the right to the benrfli alf`' enjoyment of trust property accorded to a life beneficiary of a txus't r i under.the general principles of the law of trusts. B 1083 REC 02024338 09/10/85 16:26 $36.00 10/012 F 2166 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Last Will and Testament of Gertrude May Pirrfie Page 10 NINTH: No person dealing with my•Personel '"depiamenrativc(x) er Trustees shall be obligated to see to the: appiicaci V 4 aey. mnelhe, firt securities, or other property paid or delivered to tjselh, e0 to inquire into the expediency or propriety of any transaction or the authority of my Personal Representative(s) or Trustees to enter into mad consummate the same upon. such terms as they may deem advisable. TENTH: T hereby make, constitute and appoint my husband, Edwin C. Pirnie, as Personal Representative of this my Last Will and Testament, and appoint my daughters, Glenna Kay Hamilton and Gay Meredith Brook., as Trustees under this my Last Will and Testament. In the event ay husband, Edwin C. Pirnie, shall predecease me or foil, refuse or cease to serve as Personal Representative, then I hereby appoint my daughters, Glenna Kay Hamilton and Gay Meredith Brooke, as Co -Personal Representatives under this my Last Will and Testament. In the event either of my daughters shall predecease me or fail, refuse or cease Co serve as one of my Trustees, then I hereby appoint the surviving daughter as sole successor trustee under this my Last Will and Testament. 1 hereby direct that my fiduciaries shall not be required to furnish any bond or other security for the faithful performence of their duties hereunder. ELEVENTH: No interest of any beneficiary in the corpus. or fneoew of my estate or of any trust created hereunder shall be aubject to assignment, alienation, pledge, attachment or claims of creditors of such beneficiary, and may not otherwise be voluntarily or involuntarily alienated or encumbered by such beneficiary, except as may be otherwise expressly provided herein. TWELFTH: I specifically authorize my said fiduciaries to elect to file a joint return of income with my husband for any period or perie e for which such a return may be permitted following my death and try pay from my estate the full amount of the tax due on such return .or say adjustment thereof; and to consent that any gifts ■w,de by' re ok, N.q ny B 1083 REC 02024338 09/10/85 16:26 $36.00 11/012 F 2167 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Last Will and Testament of Gertrude May Pirnie Page 11 husband prior to my death shall, for gift tax purposes, be considered as having been made half by me and half by my husband, and if such consent be given to pay from my estate any and all gift taxes that may be due because of such gifts. THIRTEENTH: (a) The plural expression "descendants" or "lawful descendants" shall include the singular and the context of this my Last Will and Testament shall be read accordingly when the facts require it. (b) The words "child and "descendent" as used herein shall include, for purposes of any distribution hereunder. :Lai 146a1'ly`i: adopted child or children of mine and any legally ade)ptw4,a 3dtnn -o# any child or descendant of mine. 4 Signed, published and declared by me. the said Cary'4 M y yiihie,. the above named testatrix, s and for my Last Will and Tastaawrxr, 4 s ,o0/7 day of Q/t. r 1983. )7;y44117 kfiaizsX,. Gertrude Mey Pi ,fi ie, The foregoing instrument consisting of twelve ?s e,s, inglu4p4v ;fit following page. was signed, published and deciereti y •l ,e c:Yy' riot. -4 testatrix to be her last will, in the preeenIC I aE 'u a; ivhn sir.= Ehar presence, at her request and in the presence Slea01.pthsOlivskier,4 our names as witnesses on the date of this instrur,'nr.. iau;we dce xre that at the time of the execution of this inutxi:Arnt tiler testatriX,.; according to our best knowledge and belief. vas of a.ound,mind and under;,, no constraint or undue influence. -witness Address / 656,(zz Witness Address B 1083 REC 02024338 09/10/85 15:26 836.00 12/012 ` F 2168 MARY ANN FEUERSTEIN CLERK & RECORDER WEED CO, 'CO Last Will and Testament of Gertrude May Pirniei PAC@,12 STATE OF COLORADO ) SS. COUNTY OF WELD � We. Gertrude May Pimple. 4ere i t_ ;...44.1._ and ./�f.0i*c—c e[t1t r the testatrix and the witnesses. respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testatrix signed and executed the instrument as her last will and that she had signed willingly or directed another to sign for her, and that she executed it as her free and voluntary act. for the purposes therein expressed; and that each of the witnesses, in the presence and hearing of the testatrix, signed the will as witnesses and: that to the best of their knowledge the testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. (2/ftuA Gertrude May Pirni I i,. ;E Subscribed, sworn to and acknowledged before J4,e Idyl 'Certrside May: }rnie, the testatrix, and eubscrikeed end avora ;to 1pefore we. by• tea. .5 2 L /.fir �st�i t. and itnesses, this /7 day of )J/4t4 . 1983. My commission expires:,,/ /��{j i Nei atten, c 11 w�. tee • oni ;use ca m of Mho.4 WVL , :+,r tuark. pia + W • ,cu'... Dace6n* os• "W. f', ,u'e. Doted7 LZ,c t(, /fix MWAIN cry Pu.l c Address: 630 Greeley Netl. Flare ; Greeley, CO $0631. AR27i 1588 5 PRODUCERS lakrinfca Paid Up Rer. 1994 OIL AND GAS LEASE PAID UP ORGLNAL TIM SIGREINgENT is made and entered tree a d the 2 2j•3 d or d September EDWIN C. PIRNIE and ELLEN V. PIRNIE. husband and wife P.O. Box 40 Br g sdale, Colorado 80611 here:rear called ^Lessor•• (whnbrr oar of MOM) and E ISTOL PRODUCTI9N TN( Greeley. Colorado 80631 . 19. — 12 by and bets= Rol Rih Srroor Rrr're 230 hoe*** tilled -Lassa-. wrTr+'ESSETH: 1. Loa*. br and se cansideraaee of the scan of — — LIARS fi 1O.. 00 a' �. in hand ptid, of the rnytthirs Mein provide& and die igreemenned Lem hoax Canmiam, hereby green, deni= leases and len esdusirely unto Lessee the lad leniofter deserted, for the purpose ef irnaaaiper g, otpleraas and MairJ for., producing saving. Oates, couicg. b'aaponyng. moth. handling and brains nil and ps motto rift as ngs p and em ens so nodal foe Lessee's openness hensenderon said land and an lords io she same field. including bus as limited so the mkt pump and purer Minas, ]saver and mmnaiicamoss lime. and ether moos and 6criid The phrase del and u' no l: m lay . of ties: m held rods e riffind o®sUe0 gar: a wad m nits lease. MO emeesa all 6yamra+eea, as .eG as Ater mhaanam produced thCrewh. The said land nabs= in this lease is =a= in the t]amsy Or Weld sr= d Coissrado and is deserted as baoars, aawih Township 8 North, Range 62 West, 6th. P.M. Section 14: S1 B 1171 REC 02115885 09/28/87 15:24 6.00 1/002 F 1733 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO intheding all oil and ps taaderlyiag takes. slams, reads, eassssratae anti r¢a-cP' robed beanie or atica aid loot said ifehrdi g sly lobs aced or baited 6p tabor a pmt OW mat shoe drerket and eamainiig 320.00 saes of land, more or less, booby Melting and sraivmg as rights order and by onano of the bpmem id atmplion loos otitis stare This lease shall corer all the intrust w said lead nos omoed by or hereafter seised is lessor. For the purpree or atcttlmng my ono= hosed cm aetage. Lam, at Lessee's option. ray at u if said lard and its combo= ponds strata tie acreage ohms stood. *better they *nanny sew mom or lei Lessee my that ostler, got Cr other subsumes moo any tows or stream underlying said land and eel productive of fresh .ate. 2. Subject in the other provisions Herein caromed. the lase slot *ram in force fora period of one (1) year 3$aurmm the dare hereof. called primary term'. and so long rhrreafter as oil or gas is produced from said land beamed* or Lessee is engaged is drilling or marking operarons on said lard *rem= as harm provided. 3. Rapines to be paid Lessor are: dal on oil. =eighth PBt of that produced am saved form said lad. 50 be ddi,ared .t the wens or to Last credit of Lasser ono the pipe line as oh= the sells way be errs yed Lasser may from rime to store prrhase any royalty al. prying sherds the market salve in the field where produced on the day it is run to the pro line or sewage tanks: lb} m ps. including casiogteed ps or other gaseous subsumes, prednond from said Lard and sold or used off the premises the marker olue at she sell of =eighth (I4 of the gas so sold or ro& paneled tba on gas sold n she sell the royalty shall be one -eighth full el the amen Lealmd Mon such sales_ fci on other substances produced with oil or ga. act wound by thus lease, ore eighth OM of their whin at the well. if at any tint ail asd:ee gas from a .01 rop & of psadocleg oil oboe gas is roe being sold or wed off the premises. tad this lase is oat bring cohernu tioltQnned in full torn and cares. Lessee shall payer ceder m Lessor, as sonny. the sum of One Delhi (SILO) pa an per year a Macrame elm held by Lessee hdmmder. the first such pyment or ender to be made o0 or indoor the aaisesmy due of this lease rem ensuing after the opine= of90 days after the vtr such sail o shut to and Maumee] sayaoeors or lades to be made on or Ancient, the neer,rresr dot d[Iris lose: provided. ha.m er. that if 01 Or gun from ant Such sail a sold or used elf Ile peemius beixe the applicable aeniwssry dauphins tits lease *en if such well is spin ohm in before pain dial. or if *such dot this lease Is being ma:onimd an tibiae red effect omen da by roam d a h +Lot ie ends. l.aw0 shall an be obliprnd Le ?ay or Lander. on or bore [la parnnslar mmitarary data. said an at abut in molly. If web Mon or seeder is made, i .ill be eomidned thel oil Other gas. as applicable. is bring produced wrlhir the mowing of this lease Parting such rime. Las* cry moo the pumping coil, tads, tuning and oiler egagmea from the well or wells for use elsewhere In Lessee's business. =sickle swish all applicable Lars. ruins and regulate* Li see mrip use. free d realty. all_ ps and aver polocad Gem said land by irate for all operations hereunder. 4. This is a PAID -UP LEASE. In consideration of the rash them= =midi. Lessor agrees rl»a Lessee shall not ix obligated. mope as aberwise presided herein. ro enem =Q or sets.= my operations *nag the primary terra. L asee may at say rime or times during or alter the primary berm offender this lease as so all or any portion d said land and as to my Wan or mama by delivering to Lessor or by filing of retard a =me or releases. and be relies* of all obtigatism +hereafter accruing as to the =age wnvdetad. 5. If. a1 the opin=ion el the primary term of this lease. all er gas n Sc, being pronto* on the load memo or an acreage pooled therewith but Lessee Utter eons* in dialling. ding or reworking operations maso% Oaf this Irate shall continue is brae so long as operations are bag continuously potgavoed on the leased premises or on acreage poled tsaamith: awd moon* shall * cnnstd red to be continuously pronautd if not more than ourrry 1901 days slsoll elapse boo= Lahr mrnplerioe or mendomemt done well mod the begireieg of Ammo* for the drilling of a subsequent well If after *woven of ml or got an said land or on acreage peeled therewith. the prodoeliw them( should omse from any muse after use primary term. then drat shall sot trninare if Loam comne*ca addiriapal drilling or snorting operation witia piney 1901 days from date of sxssrion or production or (rune date of cemplmon deny bole If oil t>r gas shall be Moored and produced as a anal[ d such ooe bona u a oher tit =teal=n d the primary lam d this lase, this lease MN easmwae in bsee sea ley as oil or gas is policed from the leased premises or acreage pooled ttesr'adn 4. Lessee shall pry fon on repair damages mused by Lessee's operation to growing caps. buildings. irtipoon ditches. mimeo and Mora If requested by Lorenn lain will bury pipe hoes belay ordinary plow depth shim crossing cshivared land. No sell shall* drilled *this use hundred (206) feet of any residence* born no. on said lad OM* the =seat d Lessor. Lessee shall hoe the rigor at any um to *too all lessee's popery and frcmree, Melodies she right n draw and nom an [wog. No deoun or Lessen cerrundc with [opens in any well of portion of said land shall impair Lesson's sights *Eh respect no any other sell of pa7i*m of aid land - 7. The rights of Lessor and Lessee hereunder may he assigned in wide or m par. No chose m ownership of reswfs tortes (by asaipasew or ssthenvuel slahl be binding no Lest until Loam has been furnished wish notice, consisting of mulled copies of an recorded iaaemneen or doom* and other informal* necessary to rmblish a mopltbe et= of reused tide from Lessor. and than only with respect to payments thermaher made. No other kind dada, whether actual er .o....oa h, smell be binding cm UMW- nod Leese may nations as make pay-aems precisely as if no change had oceerrad. No Freon, or future division of Lessors ownership as a t@acnt portions of paseels dsaid tam shall opium to enlarge the obligediim or diminish the ngirs of Lessee. and Lessees operations run be condutW sitherl repaid to am sob di'isron. If al or any you of the Lessee's mans hen=ler shall be magma m leasehold mar shall be liable for any acs nr omission Of any other leasehold caner E Whoever, as a nosh d any cause beyond Lessee's =trot such as flue, Aced, adverse field or weather eoamtiaos wisdoms s or other Am AGod: Las: order or malarial day saemmea ail agency: or inability to secure men. material or rranspomtion). Lessee a pmsaued from complying with any provisiaa of this Ipmt, Lessee sluts not be liable for damages or forfeiture of thus inst. m ,+bole or in part. and Lessees eiiprioa hereunder shall be suspended so long as sash cause persisds. 9 Lessee may at any torte or turns peel or usu that lease s 2 loots r`-ered hereby. m sboie or in par. or as may mamm or steam. nods other Lads and leases to the fate field, so as no coma* a unit or units. wherever. N Lases ltr a em, e°. ota as pro•.easr or assuage the conserration of Mural amour= by MilivaMA an orderly or =forte sell pasern: a gdsng. pressuremam enance. rr-paessueiag or scandal, teawery program. a ray cvapuraist on soot plan d d mltpmwm or opdatiort approved by the 5eetrmy Of the bloke of the !JAM Sala. The rite eta* soh unit r y be increased by sacidirg screw =Sod So be prndndise, sat datreaaed iy escbndiog acreage behewd to be un pin: anioc, or b e rramrs of old* fat or refuse rejoin the one, bur any increase or decrease An tenor's royalties remitiog hero any such =age i amp sob resit shall nos by remacoeon. Ay merle unit may be emblimmi craned. or disaaished. and. in the rhea e ofproducvon therefrom. may be abashed ad dissolved. by filing for monde declare= dposling or uniir0tlw describing the lads and throe [ions so pooled or unmrnl ttrilliag of resmking op*** upon or =dodos Boil or gas fain any put dwelt wit shall be nomad aid eorsiseaed, for all purposes of ens lease. n oath operations moo er ourS, palmation ham this Icon. Levee shall dye ae any du prone. of this tow noeltdad in any such sat a f atoceat pan dab pen dueaoru Floes try put of such m3, m one of the following bases: di the ratio kronen the pomeipaing acreage in this lease included in such usis and Sit cal doll pomipin g tango included in such unit: oa (b) she rano boners di quantity of necowerable pienmeoe underlying the portion of this lease included in such mg and the total Ora m:carerable pnaoaian underlying sad unit' or fci say roan bats Wm* by Sore or Federal auesse is berteg jurisdictias thereof. Upon prodxsran from say post of nab unit. Lome hseem shall be eon= ao is mat= Ra'ide4 on the bee to the fraticeal pet d the unit pnoduotion so slimmed no that porcon of this feast included is sods mot, rd en more 10 Lamar woes® and agrees to dereud the etle so said fwd. The royalties Loreto above pmriled ale dezemmed with raped in the satire mineral ton in ml aid gas aced if Leo* oat a lesser interest the myth es sobe paid Lessor shalt be reduced paporrinoelyc Levee at its opine may p ar hasc or disoblige m .bole or in pan my es. mortgage or orser lien yam said' land. or ray redeem the same from ten pambnser at any tae sale pr tljsd'eaood and shall be obrapod In the fibs of the holds awed. My cocnsiasiah spirts R. This Lao shall be bmdiag tapoe ell rho aewk a. whether or rot they at. named is the voting class team( and wbtiwper or rat all port a nosed is b roe* dam maw dfa Ilse All the Forma d dam Meat shall Inn to die benefit d ant be binding apw die heiradiainialiwara cmresan awl miam d Latex end L a. [` I 6. 8 1171 REC 02115885 09/28/87 15:24 86.00 2/002 F 1734 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO. CO � I IN wirszss INTIEREOF. duo va reereet if mama as d the dor flea ahem amoral. 7 :-e 4� �y s y�L�( iJ�C�C..cs•'. EDWIN C. PIRNIE ELLEN V. PIRNIE STATE OF rrtlnradn COUNTY OF /24:4 G' Sr- See Nm arDiaLaPia. ..re -7- Sl — --174 }es. ACXNOWLEOOMEYT FOR INDIVIDUAL Edon me. a. a *s t od. s Notary Public. within sad br said moray awl tare, an Nit diw d Se ,f Pamh ar pesmttly wooed EDWIN C. PIRNIE sad ELLEN V. PIRNIE B 87. m de pronely !tar_ e m be tae ide�tl pnsae E_rho cocuoiid the rilmee sod farbpoing imam=met utomrintypt m me Met they aeacpat ,be same tFeeir, _ jnee sad wLmtuy to ud deed for dae,mes nod ptapm thmdu act 6nh. IN atFTl>fs� VillikrIEOF. I lane beeeunee so any hand and a lIdaI seal dm day tad year hmi tfrare .Nita. my'_ :/f. a—. QC) r� ..• ..... STATE OFis AGQ/OwLEDOME T FORINDIVIDUAL I COUNTY OF 6 % Nalpy PU66a r blurt aae be aederstgaed a Mowry Foblic. olden em fOr the aid mosey and sae. m this day d . B larsocay a-Peared and m rK penman) dorm m be die ideaCml Peseta, -who mewed the India cod taeaoul= r ew:e se and attosi ledyed in de aa.w ri free tad sokoary act and deed for do Net awl purposes the® tee fm& IN WITNESS WHEREOF, Thaw Tom= fee r had and official sm the city met year tart dame whin. STATE OF COUNTY OF end the ant: Mari Pete { ACKNO Yi.Eoff FOR CORPORATION Mitts On bin day d . A -D. R___. Woe fw. N welee sp i. a Nam} F e IN std dm the ono, lad sole *Emma P seadly wooed . W tae pawaadly loam m be the idaeocal petem was aired the sea at tte sakes reed m the within and 6epredp ire n rem as in Reddens and eomwladstd m me tae_ esperd the a free and whardry all and deal, awl as be free mid .akamry am end dead d said aapornsn. be de sae lad patpaata leads ed Imp Caeca under my hand and seal the day tad year lapAoie writes. 1.43 Dan. v A R GC . SINrV reel� rP 80531 chary Public Addmos AR2117180 PRODUCERS 88-FMcli Add Up 11er. 1956 OIL AND GAS LEASE PAID VP THIS AGREnflarr is mamma !morn Ma d tame 22nd dg d S ptetnhor G and Testament of Gertrude May Pirnie, dated March 17, 1983. 36244 Weld County Road 56, Eaton, Colorado 80613 bme(aafw called "Luise. lwhetheron. orrrme) dad BRISTOL PRODUCTION, INC. , 801 8th ?Street. Suite 230 Greeley, Colorado 80631 ORIGINAL (9$Z >ay aid bermes hereinafter called "Leese" wrn(EssEI'st. 1. Lessor. Ear and is romiderrion of the smn d Ten and more----- -- — ""DGLIARS (s ID. 00 + 's. en hued paid, of the raydim herein provided, and of die agreamers d Lessee basin contained, herby pavan, neaten. 'piss and Wca melasisely ono fames the rand buefmtt a desenbal. for the purpose or isrestipdng, npbrmg am thrillthe ror, Meng*. erring. isisr . namieb othaMcdeth meiug, hands end (!snag ail and gm. Ingather aim ill righ5 pais4edea aad miseemem meal Err lera's operauaar hem.der ea mid land tad ea laths in theism mil, ieebei'q hat not thread m the hieing 4= 10 *Pipe Linn: n hwid ruath: and w Wl:low takes. pump tad timer stereos, power and mmmueicmoev (men. sad dire smmeanes and ladies. TM phrase are and Fs-. is coed in this (earn stall eat all limbemboreg a ren as mho aubseastm produced rheawith. The said had inch.kd he this lease is aimed in the Caney d Weld Sale d Colorado and is desmthed ss fakirs. merit: Township 8 North, Range 62 West, 6th. P.M. Section 14: S1 B 1172 REC 02117180 10/08/87 10:54 46.00 1/002 F 1801 MARY ANN FEUERSTEIN CLERK & RECORDER WELD -CO, CO including all an and gm underlying Lakeb weans, reads, c'aitmoan and rights -al -my which Dames or adjoin and tad: aad icabashog aR 1seds mad on chimed by lessor es a perm duo mar aloe &soitied; and moaning 320 . 00 acres of head. mein ar lea, hereby ideating and !airing d] right than tad by value of one hemnmad menage Len of the awe. This tease shall corer all the lance a said land new tnnad by err Walser mud is Law For e e poepnss Or etkatlatiag any MEMO Mind m taNgt, Lesser, at Lsaee a option, may act as if said lard and ins warm a p i, *main de amigo abuse wed. ter cry smith mmrva erns err km Liar say mgrs enar tad or agar substances lam any 4WR or memo =denying said hod and oat peductine of fresh wane t snbjece es the oiler prabiam Mini, _ bass a. this shill More force is t period or Oma { 1' �year ]flrom des dale bend called "pidtry tenor.tenor.and so leas (hcrafttr as an or gas u produced from said bad beramder or twee is d m dolling or n.... aperedom em mid had aeeandan a hoopla pnwtdc0. 3. Raynrin is be paid Lever aee. (a) oo eil. the -eighth ML of r(vr produced and mod from said land. to be dalieeed at the sells or to lbe credit of Lessor ions de pipe Sue n which the rills may for Centectd Lance may from time no time purchase wary royalty oil. prying therefor the market vain. in let: field where produce:loads let: Miiz is m is the pipe his or sow lard= (b) co gas, iodating manghead get or other pious snbe®res produced his said land ere sad or used Of de premises des marker Mee at the meth d o edi ae (115) or the pa so told or had, provided [het no gas meld a the .ell the royally than be oaesiehn (11M) of de tamed realised (nee snob des: (el on other substages prod wish oil organ, aid mremd by this e.... nneeiglnh (114) d their dine an dee well. If ar any rime al artier gas ham • sell eaprhlo of pamthuin ail ad7or pa is is halos sold or used off the preeidm, and this leas u is ring otherwise maintained s (ell his aid Who. Lowe *ail pay ar toner to Lmsor. Is reyalrlm the sum of One Dollar (S1A6) pea atom per pad on Os acreage data held by lessee hereunder. the fins such payment or tender Lo be made on or before the .eoaaaaey dale of this liars cart amine slier also noposiso of 90 des after the date such well is slot th and artisan= prymma or tenders ao he made on or Before the amharsa., dm of this Iowa, p sided, hemose that if oil or pa from nay met rip is sod or rued off de premiers bdaa the applicable anniversary date of this lase foes if such suds is again shill is beige Pict der.), or if an sigh dare this lease is being trautttad in tome amt aka other tents, wagon o r such shot is sell. Lesser doll net be obligated to pay or mem, Ott or helms the particular immerscy dem aid mm se thin in snaky. If each pummel or, (tide is mare. boa be eoeaidered that ail soi/or 5a, as applin6le, is being poodsoemd wimm to messing of this kale. During such Vile. Lessee my remote the pmwpirrg =h. Ms, *Malik otha* igiiEmsns fiees Mt retell or wells for use elsewhere in Lessees business, conamleal wish all apptfob(e lama eaten aid tegtestians. Lesser may one, free of rnprry, ea. Po rd rime psvdtrrd 0=1.90 - land by Levee for ell operations hereunder. 4. This is a Pi.1D.UP LEASE. In woaideration of the cash Front herewith. Lessor agtds that Lease. shill is be obligated. amyl as othetwssc provided I rein, to commence or cosier any opeauoes thirmg the primary mom. Lessee army an any time or times inning or filer the pelary term arrester this Wass d m ell or ash portion of said hand and ps is any !trim oh same, by delivering n Lessor or by Sling of !mined a release or releases, and he relieved of ill obligasw thereafter acsnoug is to the acreage shUrmmed. • 1 ff. at the espaaooe dthe prirnsry arm of Molars.. oiler gas is rot being produced on the lamed premiere or mamma pentad thrmewa lest Lrmw a !fill eyepid.ts milling.�• o r torching aromas,Ibe neo. thin this hose shall madam r force so keg as operations am being Coadoaonsly ]mrime� cm the leaned primes or a acrmge jlmled tbernath eaQ operaliass shall be em(idered se be csot®mnsly prasecultd if not amt than ninny (90) ties shall slam bei+aea tbc eaapleaoa or abrodeamere of one tell and the bgisi erg rtmpmelm for the dulling of a sabsogoeal sell. If she discovery of oil or ps on said lead m as acreage pooled rbneaui the prm8otiao thereof Manta amt from soy ease alnr hk prm(ary mem. dais tells shall amt a. mremne if Lessee cuanerment% addiiineal drilling or reworking apersGons ratio ninny (901 days foam here of eessatioc or production or from dale of em4aeelen of dry hob. If oil or gar shall be doomed and produced as ■ rmsan of such mentions es or after the aspirate= of to pricey term of ails !rase, this Ir>oe wilt Maui in learn to Lang as ad or gm is produced from the leased {remises or acreage pooled Orreries. 6 Lessee soil pay for or repair damages caused by Lessee's operation to Fa mops, 6mWiajl. i(t=ipti°n Maim cuisines aid fences. If regiceed by Lager. Lout will bay peps lines below ordinary plow depth when moving cultivated lard_ No well shall la drilled seittda the beaked ROd) feet rimy resides or barn nor on said land widget the exam d Lessor. Loris shall hive the sight at any Meoe to macme all Lessee's property and Puma. in cludieg the right es dens' add rayon elf mint' No default of Lessee her ruder with mpect nary will or pardon of said land still bopair Lessees rights with sumo in any ocher well or pmaa of wad land. T. ma sighs of Lamer rid Lessee hereseder may be awigned in whole or is pax. No champ in wfermbip or Lawor'g assess (by anaiganana or stthewi) shill be binding is Lenox rmdl Lessee has hem furnished rich notice, consisting of ossified copies of all recorded islO nms or demar eatta and other eteadan nomwry to mega ■ oomplerm Mid asmrd Pile from Lessor. aid the only with mem in paymeaa 'heathen made. No other and or mice. wlastha acres( ar aadaseive, shall be hiding is Lamer. aid Lermm mat reediest to aide peyaonu piei ly as if no change had amused. No prmat et face division of estor's ownership as is difkrwt pomoss or peens of said lard shall opener to enlarge the rblipiims or diminish the tights of Lome and Lessee's opeeuoes may beroadu®d memo regard eo any arch dt+uima !fall orarry part of the Lessees (ernes hernmder shall he armed. no imi hold owner shall ho liable (a any at or omission of any other leushold owner. & Wbooevee, as a milli of any carne beyond Lessees morel (such as for. fleed, adverse field or matter cathetinl, wiadteorm or other Ac, MOM; is, order o aretaion Mao pw.tnus ' sal agency: or inability n secure are. martial or mnspntuiooL, lessee is permuted Iron complying wth any pwri(ioo of this lease, Lessee shall not be liable the damages or farfeiaom of this lease. in whole or in parr, and Lenin", ob)igarioes hmerandn shall be suspended no keg d swda aura persists. I. (mine mry n aer, time or tames pool or brim= Etas lease and the Lida warred *robs, m what or In pem or imam swam or gram, wit. CUM! lends and leases in the same field, so as an mmdroa a unit or unit_ wIroner. it Leman judpemora. remained so proms: is memo*. the ameaenama of mill Imirem. try facihbruog as orderly of milkmen mil spring punier a cydfug. prawwedlwaanes. re-pre0.wring or *thou* eeemery Pmpam or art' ede relive or nak plan ct&edepa-m or opewnm ip.pswwe by the Savory 0 wetormier of the United Sgres. The sized any such not any be increased by Melodies acreage behead to be Fodor:me, and deceased by axludiog snags belimed to he uspmhtuoive or the Maras ofwhich fart or refuse njohn the mit. but lay hesitate or drawase in Lessor's royalties resulting hnmerr such change in soy such unasda l not be retrmaive. Any each ant may be eeablisbr4 eslangsd, ordimkirsbed, and. In the absence of production mmieftoro may be ,bolifhed anddiselsed. by Ming for record a decisional l of pooling or ueintpta dealhin g *clink sad bran- tices so pooled or untitled. Drilling or meriting opentioes upon or pnmducaoo d of or era hoot impart of sods unit shall be owed and maidnld. for all prymses d this lime, d such apatliard ONO or such peadoetioe Eom this lama Lessee shall allocate is Om ponies of this lease msleikd in any such emit a fromOsd parr eta poaatia frmm ray part of mob taint, m err• of to f llmwitg bars. (a) the redo Woven the paticipnieg acreage in this lase included in sods snit red the and d all pareicipiiog acreage inditlbd in lamb elf: or (b) the solid Frame the auastity at naoaerable pmdonioe underlying Ors partioe d thin ken eglmS in such nma and the Mel of all mcnaaple pm kstot n ere erbsng side mile or fel my env hem appro mi by sera a Federal acebmiaies Irma jwisdimeb thm.d. Upon prsdmuLm this any pate of cab unit, Liner herein shall be cnmld to the royalties pvaddad in this hem ea the fraetiooal psra of the nod production so sllmeatad is that pordoe of this lease included is mob tacit, Mine mote n Lessor warrants aid agaves to defend the title no said Ord. The myadin bnnya shoe: provided me dNre(tiaed with re pen to the mem Mill acme in rd sal pa and if Lesser ems a limo inures. the royalties to he paid lessor shall be Imbued proprraoewdy. Comes at in apace my peochase or disabur e in Miele or is pan am tar. maple or tuber lien ups rein tam, or thy redeem the sure from arry purchaser ar any co sale or sdjodfatioa. and slat( be saheoprmd b the righm of the holder ihreweF . 1 IL This ken stall be birdied tem all rrto =cum it, whether or see they are mated ID the inesies cheer hereof wed rbether or om an partite tamed to the gettlithr dam =cut MIS bee_ All me pceriseps o[ the hose shalt mum to the beads it rod be binding epee the eoctmrs. admit ainims. mcaam mid miens of Iieelr end Learn IN WITNESS WHEREOF, eels iterate= is ismoned 6 it do dose fine above reite& A KAY H MOiLTON as Trustee Y DITB BROOKS as Trustee Sot Sec No. or Tax LR No, S 1172 REC 02117180 10/08/87 10:54 *"6.00 2/002 F 1802 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO St1QE OF Corierarin COUNTY OF Wel rl }Si S[KNOWLEDGMENT FOR INDIVIDUAL Rite. me. the anda9yed, ■ NaryPublic. within sad br a id roomy Welk. m thls 28th. dq a September pasmeUygipraeesd (:l antra Ray lami t inn and Gety bierodi rh Rrnrrlrc ere TacremerstFry l L'Lis cost under the toy Last Will and Testament of Gertrude Ma Pirnie. dated March 17. 1983 to as pe saertly homer; to be de Strand penon_..6_atn seenrtod ere .ales wed foregoing mstnameet and acioo.dedged to tee that They mast., the sea as .�th�eiJr . her sad volume* ars tad deed tae der uses mad PeDaas therein to teeth. �pf :Sfmo i Nl0'Je .0F. Ise hereunto se rep hand tied olfieial seal the thy and year lath that onset 44`.x` .`' c ///�_ /r.1� r A O i K }. Constance A. Cusack Nay Pobbe 2334 15th St.. #311 i1.'..AuaL}G i4. Greeley, Co. 80631 Mama'r-u9 eN* �, Is. ACKNOIRTEDGMENT FOR INDIVIDUAL. ussellri helm i tr. the aadessiped a Notary Public, endue and kr the said sauery ere sere, modal day of , m penally appeared *Ed as me perweally boat to be the ideation person Bobo emceed the within and fending Sestrumett and aceaowlsd{id to me that e.nmd de one to free and selunolty act and deed for the sees and p irposea therein m rank. IN WITNESS WHEREOF, I bare hereunto set my hand and olfetai seal the day aid }err lost .be. anima. My aommisoes sspaes STATE OF COUNTY OF Natty Politic �! t ACIUSCASLEDOMENT FOR CORPORAUUON Address Oe m+s day of . A.D., 19 . bdere it.. tie ®daueoed. a Natty Mac a and the the =my mod wee elemdd. penceelly spinnd , to no personally Imo re to be the identical pesos s whn sidled the Came of the roars thereof to the within and foregoing mstn arse at - Ptelidom aid aclmwkdged to es doe etrtand the same as free wad enem / ra and deed, and at art fret and telemetry ea and deed of seed corpmnim, for the sea aid papers deeps Is Own antes =dm my hand mod seal the d y mad ye. leo Mane .sril4a. Idy sosenntiae epiem J. LL!AM G. CREWS 1213 28th Ave„ Suite 2 Greeley, CO 8053 i Notary Prblic Adapt cep3`3I A( 30 STATEMENT OF AUTKORffY 1. This Statement of Authority relates to an entity named Testamentary Trusts established_ under the terms and provisions of the Last Will and Testament of GertrudeMav Pi rnie dated March 17, 1983. 2. The type ofentityisa o Corporation o Nonprofit corporation a Limited liablity company a General partnership a Limited partnership o Registered limited liability partnership o Registered limited liability limited partnership o Unincorporated nonprofit association o Government ix governmental subdivision of agency a Business Trust a Trust a l IIIIII liii1III1�II11111 flu 11111111111 III 1111111111111 3069395 06/0412003 04:12P Weld County, CB 1 of 1 R 6.00 0 0.00 Steve Moreno Clerk S Recorder 3. The entity is formed under the laws of the State of Colorado 4. The mailing address for the entity is 1641 EloerAvenue. Greeley, CO_80631 S. The name(s) X or position(s) X of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is(are) Gav Meredith Brook, Trustee 6. (Optional) The authority of the foregoing person(s) to bind the entity is -- X not limited or Limited as follows: 7. (Optional) Other matters concerning the manner in which the entity deals with interest in real property: 8. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. Executed this .ct day of v no3 State of Colorado County of Weld ) Name G§y Meredith Brooks The foregoing instrument was acknowledged before me this a..a~i day of , by _Gay Meredith Brook. Trustee of the Testamentary Trusts established under the terms and provisions of the Last Will an4 Testament of Gertrude May Pirnle doted March 17.1983 Witness my hand and official seal. My Commission expires: Notary Pusblic ro V' IAAAA'7? 31117 YTIRU338 11111111111 IMAM 11111 111111H Malin 1111111111 I l l l 35520934 12103/2007 02.41P Weld County, CO 1 of 3 R 16.00 0 0.00 Steve Moreno Clerk & Recorder 934 PAID UP OIL AND GAS LEASE PRODUCERS 88 THIS LEASE AGREEMENT it node es Otte VA day of . 2007 by and bal+sese puling:oche Washburn a widow, of I i0 Oak StreejEaton Colorado 808154,'f0Q as Lessor, and earns C Karo Asaycieles whose address a 1750 Lataade Street Denver Colorado -•r lei es Lessee. Grant of Leased Premises. In consideration of a cash bonus in hand paid and the covenants herein curtained, Lessor hereby grants, leases and lets esdusively to Lessee the following described land. hereinafter celled leased premises. Ioerrahe 6 North. Ranoe 62 Wee. 6" P.M. Section 14: Si u, Ise County of Weld. State of Colorado, containing 320.00 gross sees. more or lees (includingany interests therein which Lessor may hereafter acquire by reversion, prescription Or otherwise). for the purpose of exploring for, developing, producing and marketing of and gas, along watt ail hydrocarbon aril nonhydracarbon substances produced in association therewith ('oil and Gas Subsbreee'l. The font 'gas' as used herein inductee helium, carbon dioxide, gaseous sulfur compounds, methane produced from coat formations and other commercial gates, as well as normal hydrocarbon gases. In addition to the above - described lend. the lease and the term 'leased premises' also covers Mentor* end any aural strips or parcels of land now or hereafter owned by Lessor wfridt are contiguous or adjacent to the abossdeecrbed land, and. In consideration of the aforementioned cash bonus, Lessor agrees to execute at Lessee's request any additional or supplemental i strurnents for a more complete or accurate description of the land so covered. For the purpose redetermining the amount or any payments based on acreage hereunder, the number of gross sass above specrtled shall be deemed cone, whether actually more or less 1. Ancillary Right". The rights granted to Lessee hereunder anal intense the right degree and egress on the leased presses or lands pooled or unitized therewith. along with such rights as nary be reasonably necessary to °erduet operations for exploring, developing, producers and marketing Or and Gee Substances, irrdudirng but not finked to geophysical operations, the drilling of wens, and the construction and use of roods, canals, pipelines, tanks, weer week. disposal wells, injection feels, pits. electric and telephone Mee, power statioros, and other tatitities deemed necessary by Lessee to explore, discover, produce. store, that andlor transport O1 and Gas Subsfamm� and water produced frog the leased premises or other lands that share central Weiss and are piney operated wan the leased premises for gatherig, treating, compression and water deposal lessee may use n such operations, free of cost, any oil. gas, water andeor other stiostethes produced on the eased premises. except water from Lessor's web Or ponds- In exploring, developing, producing or marketing from the leased Premises Of lands pooled or wetted tsrewdth, the ancillary rights granted heroin shall apply (a) to the entire hosed premises, notwithstanding any partial rebate or other partial termination of this base; end (b) to any other lends in Which Lessor new or hereafter has authority to grant such rights in the vicinity of the leased premises or lands pooled or unitized therewith. When requested by Lessor in writing, Lessee shah bury its pipeees below ordinary plow depth on curhvated lands- No pee steel be located less than 200 feet horn any house or barn we on the leased premises or other lands of Lessor used by Lessee hereunder. without Lessors consent, and lessee shall pay for teenage cawed by its operations to b isthige and other imprnvemrnrs now on the leased premises or such other lards. and tO Ocrralhe(cisl tether and growing crops thereon. Lessee shed have the right ale any time to remove is eidIpBe, equipment end materiels, including well casing. tram the eased premises or such other lands during the term of the lease or vet* a reasonable time thereafter. 2. Term of Lease. The tease shall be in force fora primary term of Fee f51 years horn the date hereof. end for es long Met miter as oil or gas or other substances covered hereby are produced a paying quenches from the lesaed premises Of from hands pooled or unitized therewith or this Mee is OIMA rise maintained in elect pursuant to the provisions hereof. 3. Opsratlooe negate drib a trip etudes incepoble of ppoduci g n payng qualities (hereinafter called Cry hots') on the leased premises or lands pooled or unitized therewith, oriel production (whether or not in paying quantities) permanently came from any cause, icduding a revision of unit boundanea pursuant to the provisions or this lease or the action of any gosOrmnental authority, Men in the event this lease is not otherwise being maintained in force it Shag nevertheless remain in force if Lessee orema tees further operations for rerrakig an misting well or for drilling an additional weh or for otherwise obtaining or restoring production on bee leased premsee or lands Pooled Or mated therewith Wen n 90 days alter collpsdon of operations on such dry hole or within 90 days after such cessation of all production. if dearth. primly turn this twee s not otherwise being maintained in Won. but Lessee is then engaged In Operations, es defined below, the lease shall remain in force so long es any one or more M such Operations are prosecuted with no interruption of more then 90 consecutive crept and if any such Operasore result in Me produdren of Of and Gas Substances, as long thereafter as there is production in paying quantities from the leased premises or latch pooled or unitised therewlh After amptrion of a asH capable of producing in paying quantities hereunder, Lessee shall drill such additional web on the leased eremites or lends pooled or unitized therawlll es a reasonably prudent operator would drill under the same or sMeller circkwnatanaes to (a) develop the leased eremites as to reservoirs then capable of producing le paying quashes on the leased premises or lands pooled or unitized therewith, or (b) protect the leased premises from uncompensated drainage by any well or weer located on other lands nno pooled or +rued thereelh. There shall be no covenant to drill exploratory walls or any eddibonel wee except as expressly provided herein. As used herein, the team Operators shag mean any activity conducted on or off the leased preneses that ie rmoneby rala►aa.d to obtain or MONO production, including without initeton, (ii dying re any act preparatory to drilling (such as obtaining permits. surveying a drip see. staking a ere sae. btWdivg roads, timing a dill see, or hauling equipment or aupp&ral: (iii reworking, plugging back, deepening, healing, genubfing, refining, installing any artificial lR or productimereememere equipment or technique, (ii) constructing herein related to the production. beehrasrk transportation and marketing of substances produced horn the lease promises; (iv) contracting for marketing services end sale of Oil and Gas Substances: a rid (v) construction awes( deposal facilitiee and the physical movement of water produced from the leased premises 4. Shuein Royalty. If after the primary term One or more wells an the leased promises or lands pooled or unitized therewith are capable of producing ON and Gas Substances in paying tigerlike. but such well or web are ether shut in or production therefrom is not being sold by Lessee. such eel or week shall nevertheless be deemed to be producing in paying quantities for the purpose of melamine this base. If for * pared of 90 cansecult a days such reel or weds are shut in or production therefrom is not sold by Lessee, then Lessee sheet pay en aggregate shut-in treaty of ore dollar per ape then covered by this lease. The payment shall be made to Lessor on or before the fret anniversary date of the base following the end of the 90 -day period and thereafter on or before each anniversary while the well a eels are shut in or production eerefrorn is not being sold by Lessee; provided that if this lease is otherwise being maintained by operatipq under this base, or If production is bong sold by Lenore from another weal or teas on the leased promises or lands pooled or unitized therewih. no gluten royally siaai be due urge the fast anniversary dare of the lame blowing the end of the 90 -day period after the end tithe period need following the cessation of such operations or production, as the case may be. Lessee's failure to properly pay shut-in royalty shall renter Lessee Sable for the amount due, but shall not operate to lemming's this ease. 5. Royalty Parma For all Oil and Gas Sulsfare es that we physically produced from the leased premiere, ar lands pooled, unitized of comlmsNEkad therewith, and sold. Leaser shall roadie as ile royalty 12.e.% tithe sales proceeds adualy received by lessee or, if appleabk:its affiliate, as a resat of the first sae of the affected production to an unaffiliated party. less this seethe percentage alert of al Post Production Costs and kits same percentage share of all production, severance and ad valorem taxes. As used in the provision, Post Producton Cma shat mean all coats actually incurred by leasea or as aftliafe and aft losses of produced volumes whetter by use as toe lime logs, Oaring. venting or otherwise from and after the wellhead to the point of sale. These costs indu ie silhout Ilmiati en, all costs of gebienrrg, marketing. compression. dehydration. transportation, removal of liquid or gaseous substances or inpiwbee leen the afleded Production. and any other treatment or processing required by the rot unatratao party who purchases the affected production. For royalty ceire tit .n purposes. Lessee ahel never be required to adjust the salsa proceeds to account for the Puce aeefe cash or charges downstream of the point of sale. Lessee or its SIt ate shall hove the right to construct maintain and operate any factures providing same or all afire services identieed as Pond Production Costs. If this Ocean, tfss actual coats of such fapWies atrial be included in the Poet Production Casts as a per banal or per and charge, as appropriate. calculated by spreading t e conseudeon, mniertenerese end ope roc g casts tot such faWees over the reasonably estimated total production volumes ethtutabre to lee wee or wets using such factlOiss. If Lessee uses she Oil and Gas Substances (other than as fuel in connection tin the production and sale Memory in lieu of receiving sale proceeds, de price to be used under this provision Mall be based Upon arm's -length see(a) to unaltered mess for the rpprl able month that are obtainable. comparable in terms of quality and quantity, and in doneel pratinily to the teased premiss- Such CDMPRI la antis -length sales price shall be less any Post Production Costs applicable to the specific amadength transaction that is utilized_ I IlIHI 11!11 !IIIII I1111 ll lI VIII IHIIII i!I 110101 !111 3520934 12/03/2007 02:41P Weld County, CO 2 of 3 R 16.00 0 0.00 Steve Morena Clerk & Recorder 6. Pecflns, Lessee shall have the right but not the obligation to pool all or any part of the leased premises or interest therein with any other lands or interests, as to any or all depths or zones, and as to any or all substances covered by this lease. either before or alter the commencement of dreting or production, whenever Lessee deems it necessary or proper to do so in order to prudently develop or operate the leased premises, whether or not seder pooling authority exists with respect to such other lands or interests. The creation of a unit by such pooling shall be based on the foltowing criteria {hereinafter called 'pooling criteria- A unit for an Oil well (other than a horizontal completion) shah not exceed 40 acres plus a ererirern acreage tolerance of 10%, and for a gas wet or a horizontal cemention shall not exceed 640 acres plus a maximum acreage tolerance of 10%; provided that a larger unit may be formed for an oil well or gas well or honzantal completion to conform to any wee spacing Or density pattern that may be prescribed or permitted by any governmental authority haring jurisredion to d0 so- For me purpose of the foraging. the terms `oil well' and 'gas wer shall have the mutterings prescribed by applcable taw Or the appropriate governmental authority, or, if no definition is so prescribed, 'oilvide means a well with an initial geed radio of less than 100,000 ark feet per barrel and 'gas weir means a well with an Initial gas -oil ratio of 100.000 able feet or more per barrel, based on a 24 -hour production test dondruded under nommst producing conditions using standard Ina separator fealties or equivalent testing equipment; and the term 'horizontal oornpleten' means a well in which the horizontal component of the cantata interval in the reserver exceeds the vertical Capone* in such interval. In exercising its pooling rights hereunder, Lessee shall the of record a written declaration desaiyng the unit and stating the effective date of pooling. Piodudtion, dieing or reworong operations anywhere rim a unit which includes al or any earl d the leased premises shall be treated as if it Were production, drat g or reworking operations on the leased ptentoee, except that the production on which Lessors royally a abated shall be that proportion of the total urut production which the net acreage meted by the lease and included in the unit bears to the total acreage in the une, but only to the extent such proportion Of urns production is sold by Lessee. In the evert a unit is formed hereunder before the unit well is dried and completed. so that the aterlicats pooling criteria ere not lag known, the unit titre be based on the pooling criteria Lessee expects in good fellfi to apply upon completion of the welt; proridsd that vehln a reasonable time atter aompieeon of the well. the unit shall be reread it necessary to ccnloml to the pooling criteria that amatty exist Poafirg in ore or mote instances aria not exhaust Lessee's pooig rights hereunder, and Lessee shall have the MCwring right but not the obligation to revise any unit formed hereunder by expansion or contraction or both, ether before or after commencement of production, in order to Conform to the well spacing or density pattern prescribed or permitted by the governmental authority having jurisdiction. or to conform to arty productive acreage determination made by such governmental authority. To revise a unit hereunder, Lessee shalt the of record a written dedication desoibig the revised unn Mil stating the eIfedive dale of revleio 1. TO the Went any pation of the leased premises is inrarded in Or excluded from the unit by virtue dauch mitten, the proportion of unit production on witch royalties are payable encounter Mali thereafter be *dated amordlrgy. 7. Unbeaten. Lessee shall have the right but not the obligation to canal at or any part alum leased premises or interest therein to one or more unit plans or agreement' for the cnoperatve development or operation of one or mote oil randier gas resenroea or portions Meted, if in lessee's judgment such plan or agreement wit prevent mate and protect correlatre rights, and if such den or agreement 4 approved by the federal, state Of local governmental authority having jurisdiction, When such a coneretrnent is made, this lease shat be staid to the tense and candid* Of the tea plan or agreement. inducing any formula prescribed therein for the atOtatioe of production from a unit Upon permanent cessation tideof, Lessee may terminate the unit by thing of record a written dacinration deserting the unit and seeing the date of termination. Pooling hereunder shall not constitute a crms onrereyancs Of interests. B. Payment Reductions. If Lesser owns leas than the kb minted shale b all or any pall or the Leased parolees, want of royalties are shut-in royalties hereunder shad be reduced as follows: royaltes and shut-in royalties for any wet on any part cell* leased premises or lands pooled therewith shat be *dined to the ptuporbon that Lessees Mama im such part of the leased premises bears to the full mineral estate in such part of the leased Venues. To the extent any rOyelly or Other payment anbibuta re to the mineral estate covered by this lease is payable to someone other than Lessor. such royalty or other payment shat be deducted from the corresponding amount Othenese payable to Lead air hereunder. 9. Ownership Changes. The krterest of ether Lessor reI wawa hereunder may be assigned. devised or Otherwise transferred in whole or in part, by area andfor by depth or zone, and the rights and obligations of the parties hereunder shall extend to their retgxvmre hairs, devisees, executors, administrators. sumeesers and assigns. No onenge si Lessors Onneretep shat nave the elect of reduoirg the rights or enlarging Ile obligations d lessee hereunder, arid no change et owarership Mail be binding on lessee until 60 days after Lessee has been fum&ied the orieual or duty aunrentceted copiers of the documents estabiiehing such change of osnership to the sretfapidn of Leman or until Leaser has satidled the notification requirements contained in Lessee's usual form of division ruder. In the event et the death d any parson enatlsd to shut-in n royaties hereunder, Lessee may pay or tender such shut-in royalties to the creed of decedent or decedent's asgas_ If at any time tea Or more Demons are entitled to shht-ei royalties hereunder, Lessee may pay or tender such shut-in royalties to such parade ether jointly or separately in proportion to the inbred which each owns. If Lessee trap shes its intend hereunder in whole or in pant Lassa shall be relieved of all oMYea de therurllr arising with respect to the transferred newest, and taime of the transferee to satisfy such obligations vett rasped to the transferred interest staff not affect the rights of Lessee re respect to any riot so barsferred. K Lessee Minim a full or undivided interest in all or any portion or the area covered by this lease, the obligation to pay or tondos seat -n royalties hereunder shall be divided barmen Lessee and the transferee e proportion to the not acreage fentred in this lease then held by each, 10. Reeve of Lease, Lessee may, et any time and harn line to tine. deafer to Lessor celeste record a velere release of this tease as to a full or undivided interest hr aA or any man Ot the area covered by the lease or any depths or zones MereuhQr, and shaft thereupon be relieved of at obigatiorts thereafter aching an teepee to the llama so releseed. If Lessee releases less than at of the interest or area covered hereby, Lessee's obligation to pay or tender shuten royalties Mel be proportionately redhead in accordance with the net scrasga kferest naiad hereunder. t1- Regulation and Delay. Lessee's obligations under this lease, whether express or *relied, shell be subject to all applicable laws, rtxles, regulations and orders of any gavemreraal authority having jurisdicyion, including restrictions on the driling and produced, of was, and regulation of the price a tranaportedon d oil, gas and other substances covered hereby. When dreg, reworking. produrcbon or other operations are prevented or delayed by such leas, hies, regulation or orders, or by'vsabitey to obtain necessary permits, equipment, seam, malaria wear, electricity, Glen. mate or easements. or by the, flood, tease vender conditions. war, sabotage. rabeihun, lnsurrediah, riot, mite or labor disputes, or by inability to obtain a satisfactory market for production or failure of purchasers or priers to take or traatpohl stroll prddudion. or by any other cause not reasonably within Lessee's cartel, this lease shall riot terminate because of such prevention or delay. all, at lsaaee's option, the period of suer prevention et delay shed be added to the term tiered. Lessee Mae not be liable for breath of any probate or trrrpied covenants of this lease when riling. production or Wax operates are so prevented or delayed. 12, Breach or Default. No litigation shall be initialed by Lessor for damages, fahsibse Of canceilatian with respect to arty breach or default by Lessee hereunder, for a period of at toast 90 days Mier Lessor has given Lessee anhan notice fatly deserting the breach or defaut, end then only if Lessee bill to remedy the breach ar eefera within audit period. In the event the matter is isgeted and that te a flal juaesel delen nbaton that a breath or default has oaturred, this lease Ma not be forbad Or canceled it whale or in part unless Lessee is given a esssonabte tine after said judicial delemmaton to remedy the breath or default and Lessee fats to do so. 13. Warsaw of This. lessor hereby warrants and agrees to dek+d We conveyed to gasses hereunder, and agrees that lessee at Lessee's option may pay and discharge any taxes, mortgages or liens existing. levied or aetaeed on Of against the based premises. If Lessee mantes such option, Lessee shall be subrogined to the rights of the party to whom payment is made, and, n addition to its otter rights, may rerrtbuse i see out Of arty royalties or shut-in royale ,' otwuwke payable to Lessor hereunder. In the event Lemma is made aware of any dais Inconaylei with Lessors tale, Lessee fray suspend the payment of melees and sli t -in royalties hereunder. without interest, until Lasses has been famished sabsfartory evidence that such claim hes been walked. 14. bmdednim. Lessee will indemnify and hold Lessor, its ontasrs, directors. employees, agents, succeares and assigns Meader collectively referred to tie 'Indemnified Parties') harmless from any and all darns, demands, stile, loxes, damages, and costs (indudig, without emeation, any attorney fees) incurred by the Under -neared Pardee which may be asserted against the Indrmtiitld Panes by reason of or whidt may arse ae d or which may be related to Lessee's activities on the leaved premises (ndudtq, without angstron, any claire by any owners or lames of mineral. that Lessee's operations hereunder are either Riegel, unauthorized, or ca shots en improper interferetwe with their rights). W WITNESS WHEREOF. this time is executed to be salve mantle dete Mat warn *bow, but upon execution Oa be binding on the signatory and to signsaorys hairs, devisees. eooeraAOrs. adirrinistratas, successors and assigns, dada or not this lease ties been eosaxted by at parties hereinabove named as Lassa. 2 i iiii \111I\ i11i lllli Ii i iilSi�l III 11111 IIII Ilil 5209 i2 0312007 o2:41P w 3 Ot 3R 16.00 0 0.00 Steve Moreno Clerk & Welder ACKwowLEDGMENT STATE OF COLORADO COUNTY of ivic-1.]) )SS. ) BEFORE ME. the undersigned, a Notary PtrbGc in and for said County and State. on this 1 eay of OCT- 0 Zr! IL , 20 07, before me, the undersigned Notary Public in and for said wordy and slate, personally appeared Foam Wattburn known to me to be the identical person, described in and who executed the within and knowing iretrumerk of writing and acknowledged that the same was executed and delivered as her free and voluntary act for the purposes therein set forth. IN WITNESS WHEREOF, there hereunto set my hand and affixed my notarial seal the day and year fast above written. My Camxsslon Expiree RECORDING INFORMATION STATE OF ) SS COUNTY of This instrument was riled for reconl on the day of of the records of this office. Notrypubuc. RdWets: • 1 ndr .W Morehead' fehead' 360 Oak Avenue 0120 Eaton. CO .¢(1615 20at _ o'clodr _M., end duly recorded in Boot k, Page By Clerk (or Deptty) 3 I111111 ii11i 11111i 11111111 11111111111111111111 3672563 01/29/2010 11:26A Weld County, CO 1 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder it 711 5547 PRO5L CERS 9&FAId UP Rte 5.60. ho 7•r xc. OIL AND GAS LEASE AGREEMENT, Made and entered into the 1902 day ul' January . aim . by and hie wren Duangrhai Washburn, a single woman whose post amen address is 110 Oak Ave., Eaton, CO 80615. hereinafter called "Lessor" (whether one or more/ and D EA AM Ohi D RESOURCES CO. whose post office address is P.O- Box 'US. Williston, ND S02.5Ahereirafer called "Lessee". WITNESSETH. That the Lessor. Po and in consideration of Ten & more Dollars cash in hand (the -Bonus C.onsideratiun") paid, the receipt of which is hereby acknowledged. and the covenants and agreements herelratter contained, has granted. demised. leased and let. and h} nicer presents does grant. demisc_ lease and -cl escluiieeh fsit,, the stud I e»ce. the 'add hereinafter described. will: the e'sclus`sc right lie the purpose of drrlhnr. mnunF. esp:orc , hi se pI,c ::n, ..;hoist rnelhods. and operating for and producing therefrom oil. gas ar,d n!' other hydrocarbons n1ulta'xnrrcr nature rr t.ir.i. specificads including shale gas, coal bed methane and any and all substances produced in association therewith from shale mil coal -nearing formations, with rights of way and ease:nen,s for laying pipelines. and erection of structures thereon to produce. save and take care cif said product:. all that certain tract of land situated in Weld County. State of Colorado , described as I rl]ow,, to -wit: Township 8 North. Range 62 West of the 6th PM. Section 14: S'Iz Section 15: S": containing 644,UD acres. more or less. I. it is agreed chat this lease shall remain in force for a term of five (51 years from this date and as king thereafter as oil, gas, and all other hydrocarbons of whatsne.er nature or kind. specilicaliy ineicding. suithoul 'imitatinr. shale soy, coal hod methane and any and ail substances produced in association therewith limn sha:e and coal.hearing 1Pfn:::-tot.;. is produced Porn said leased premises or on acreage pooled therewith. in drilling operations are continued as hereinater ;frusid,•d- IC at the expiration of the primary term of this lease. oil or gas is not being produced on the leased premises or on acreage pooled therewith hut Lessee is then engaged in drilling or reworking operations thereon. then this lease shall continue in force so long as operations arc being continuously prosecuted on the leased premises or on acreage pooled therewith: and operations shall he considered to be continuously prosecuted ifnnt inure than one hundred eighty { 150} days shall elapse between the cofnpletinn or abandonment of one well and the beginning of operations for the drilling of a subsequent well. If after discovery of oil or gas on said lurid or on acreage pooled therewith. the production thereof should cease from any cause after the primary tem. this lease shall not terminate if Lessee commences additional drilling, testing, completing re -completing- re -working, ceepen rig, plugging hack or reparing operations within one hundred eighty ;ISO) days from date of cessation of production nr 'mm dale of completion of dry hole. If oil or gas shall be discovered and produced as a result of such operations at or afl:r the aspiration of the primal.) teen of this lease, this lease shall continue in force so long as oil or gas is produced from the leased premises Or on acreage pooled therewith, 2. This is a PAID•LIP LEASE. In consideration of the Bonus Consideration, Lessor agrees that I.rssee shall not he obligated. except as otherwise provided herein, to commerce or continue any operations during the primary te,n. Lessee may at any time or times during or after the prom at} term surrender this lease as to all or any portion of said land and as to ; ny strata or stratum by delivering to Lessor or by tiling for record a release or releases. and he relieved of all obligation thereafer accruing as to the acreage surrendered. 3. in consideration of the premises the said Lessee covenants and agrees: 1st To deliver to the credit of lessor. free ofct'st. in the pipctinr in which Lcsce may cnnreci weft or; sal i land. the equal One -Eighth f I:St`fj part oral' oil produced and saved h,= Lessen tram the teased premises, 2nd, To pay Lessor tin c -Eighth I1.Bthi of the gross proceeds each year. payabic ilaarierh. fur the gas hunt each well produced and saved by t_essce where gas 'Ally is round, while the same is bei:tg t:sed off the premises. based arm, the market value at the mouth of the well, and ff used iii ;he manufncture of n.1" -funs rosalh. of ty;fc-Eighth. ( I'glhl. payable nOnllay aI the prevaiing market rate for gas.nmpt:ltd: t ;he nfutnf nl l°oc u:II 3rd. To pay Lessor for gas produced and sac ed br Lessee from any oil well and used off the premises or in ;he manufacture of gasoline or any other product a royalty of Ore -Eighth I I/8th) of the proceeds, at the mouth a f the well, panchic monthly at the prevailing market rate. 4 Where gas from a well capable of producing gas only is rot sold or used. Lessee may pay or tender as royalty to the royalty owners One Dollar (S1.001 per year per net royalty acre retained hereunder. such payment or lender o he made on or before the anniversary date of this lease next ensuing after 'he expiration of one hundred eighty ( I RD) days lrnm the date such well is shut in and thereafter on or before the anniversary date o1' this lease during the period such well is shut in. If such payment or tender is made, it will be Considered that gas is being produced within the meaning of this tease. 5. If said Lessor owns a less interest in the above.descn bed land than the entire and undivided fee simple Been e therein. then the royalties (including any shut-in gas royalty); herein provided for shall be paid the said Lessor only i3 the proportion which Lessor's interest hears to the whole and undivided fee. 6. Lessee shall have the right to use, free of cost. gas. oil and water produced on said land for Lessee's naeratitn thereon, except water from the wells of Lcssnr. 7. When requested by l essor. Lessee shall bun 1 csee 's piprhne: Nit's prose depth. 8_ No well dialI be drilled nearer than 2UD ':;: to the !loose or hart n-uss on said premises without nrilten consent of Lessor, .S91.4% lm 1_,s : 9. Lessee shall pay for damages caused by Lessee's operations to growing crops on said land. 10. Lessee shall hare the right at any time to remove all machinery and fixtures placed on said premises. including The right to draw and remove casing. 1 I . Except as otherwise expressly provided hems, the rights and esutrc of lessor and Lessee hereunder mat be assigned in whole or part, from lime to lime, as to any mineral or horizon, In the sole discretion of Lessor or Lessee, as the case may be. but no change or division in ownership of Lessor's land, rentals, or royalties, or Lessor's interest hereunder. however accomplished. shall operate to enlarge or diminish the obligations or rights of Lessee or Lessor hereunder. Additionally, no change in ownership of Lessor's interest thy assignment or otherwise) shall be binding on Lessee until Lessee has been furnished with notice, consisting of certified copies of all recorded instruments or documents and other information necessary to establish a complete chain of record tide front Lessor, and then only with respect to payments thereafter made. ho other kind of notice. whether actual or constructive, shall be binding on Lessee. No present or future division of Lessor's ownership as to different portions or parcels of said land shall operate to enlarge the obligations or diminish the rights of Lessee, and all Lessee's operations may be conducted without regard to any such division. Ifall or any part of this lease is assigned. no leasehold owner shall be liable for any act or omission of any other leasehold owner. 12 Lessee, at its option, is hereby given the right and power at any time and from rime to time as a recurring right, either before or after production, as to all or any part of the land described herein and as to any one or more of the IOrrrtations hereunder, to pool or unitize the leasehold estate and the mineral estate covered by this lease with other land- lease or leases in the immediate vicinity for the production afoul and gas, or separately Fix the production of either, when in Lessee's judgment it is necessary or advisable to do so. and irrespective of whether authority similar to this exists with respect to such other land, lease or leases. Likewise, units previously farmed to include formations not producing nil or gas may be relirrrncd to exclude such non -producing formations. The }brining or reforming rrfany unit shall he accomplished by Lessee executing and filing of record a declaration of such unitization or reformation. w'aich declaration shall describe the unit. Any unit may include land upon which a well has theretofore been completed or upon which operations !irr drilimg have Iheretolare been commenced. Production. drilling or reworking operations or a Weil shut in for want of a market anywhere on a unit which includes a:: or a pan of this lease shall be treated as if it were production, drilling or reworking Operations or a well shut in fur want of a market under this lease. In lieu of the royalties elsewhere herein specified, including shut-in gas royalties. Lessor shall receive on production front the unit so pooled royalties only on the portion of such production allocated to this lease; such allocation shall be that proportion of the unit production that the total number of surface acres covered by this lease and included in the unit bears to the total number of surface acres in such unit. In addition to the foregoing. Lessee shall have the right to unitize, pool. or combine all or any part of the above described lands as to une or more of the formations thereunder with other lands in the same genera! area by entering into a cooperative or unit plan of development or operation approved by any governmental authority and. from time to time. with like approval, to modfy, change or terminate any such plan or agreement and, in such event, the terms. conditions, and provisions of this lease shall be deemed modified to conform to the terms, conditions. and provisions of such approved cooperative or unit plan of development or operation and, particularly. all drilling and development requirements of this lease. express or implied, shall be satisfied by compliance with the drilling and development requirements Of such plan or agreement, and this lease shall not terminate or expire during the life of such plan or agreement In the event that said above described lands or any part thereof. shall hereafter be operated under any such cooperative or unit plan of development or operation whereby the production therefrom is allocated to different portions of the land covered by said plan, then the production allocated to any particular tract of land shall, for the purpose of computing the royalties to he paid hereunder to Lessor, be regarded as having been produced from the particular tract of land to which it is 3llocated and not In any other tract of land, and the royalty payments to be made hereunder to Lessor shall he based upon production only as so allocated. Lessor shall formally express Lessor's consent to any cooperative or unit plan of developmen: or operation adopted by Lessee and approved by any governmental agency by executing rh_ same span request of -Lessee I). All express or implied covenants of this lease <ha'.' he sr.bicin to till l'edera'. and Staid Larw'. I.a.cunte Orders. Jtules or Regulations. and this lease shall rot he terminated, in srhde ar n pa-:. aor I.cssrc held liable in dacrages, for t'ailurc to comply therewith- if compliance is prevented by. or if such failese is the remit ot, any such Law.Ordcr. Hale or kegtaat1on. 14. Lessor hereby warrants and agrees to defend the title to the lands herein described against the claims of all persons whomsoever, and -agrees that the Lessee shall have the right at any time to redeem for Lessor- by payment, any mortgages. taxes or other liens on the above described lands. in the event of default of payment by Lessor, and be subrogared to the rights of the holder thereof, and the undersigned Lesson, for themselves and their heirs. successors and assigns, hereby surrender and release all right of dower and homestead in the premises described herein. insofar as said right of dower and homestead may in any way affect the purposes for which this lease is made, as recited herein. 15. Should any one or more of the parties herrinabove named as Lessor tail to execute this lease, it shall nevertheless be binding upon ail such parties who do execute it as Lessor. The 'word -Lessor.- as used in this lease. shall mean any one or ntore or all of the parties who execute this lease as Lessor. All The provisions of this lease shall be binding on the hears, successors and assigns and successive assigns of Lessor and Lessee, and by all persons or parties claiming by, through Or under Lessor or Lessee_ lb. It is the intent of the parties that the Lessor is leasing to the Lessee all mineral acres owned by Lesser within the Sections shown on the lease. whether described correcd} or not. IN WITNESS WHEREOF, this instrument is executed as of the date firer above written.' LESSORS) Duangchai %V burn STATE OF CEO l Orctd Q l SS brdr.idual COUNTY Of 4>)e'1 t I BE IT REMEMBERED. That on this, t) \lay of1"LNaar120IObefore me. a Notary Public in andl fur said County andState. personally appeared Duaagrhai Washburn, a single woman to me known 1e be the identical peroonlsl described in and who executed the within and foregoing instrument and acknowledged that •s executed the same as O- free and solartery act and deed inn the uses and purposes Iherem see torch. - -/0 ACKNOWLEDGEMENT E NA� 3672563 0 2 M 2 R 11.00 ae0 0.00 Steve MorrenoClerk & Recorder 00 Mcrr� e 7 _ oTa -)% hlii' ! }•�► q� %I!,, commission Expires: �J/-?V P = I mollies X4.1%C°`p �x" NIA 1 PREPARED BY AND WHEN RECORDED, RETURN TO: Continental Resources, Inc ATTN: Ashley Hardison 20 N. Broadway P.O. Box 269091 Oklahoma City, OK 73126 3857373 Pages: 1 of 4 07/00/2012 02,07 PM R Fee:$20.041 Mores Clew arc A*cords,, weld Co.+nty. CO VIIII1 114Aiia 1#4110.1Wil V4{IiI,l0'I11.4 II III DECLARATION OF POOLED UNIT This Declaration of Pooled Unit ("Declaration") is executed by Continental Resource, Inc., 20N. Broadway, Oklahoma City, OK 73126 ("Continental"), the owner of an interest in the leasehold estate created under one or more of those oil, gas and mineral leases and memorandums of oil, gas and mineral leases ("Leases"), all described in Exhibit "A", attached to and made a part hereof. One or more ofthe Leases authorizes the Lessee to pool, unitize, or combine all or a portion ofthe lands covered by the Leases with other land, lands, lease, or leases, to form a Pooled Unit for the exploration, development, and production ofoil, gas, and associated hydrocarbons from the lands covered by the Leases. The pooling, unitization, and combination of the Leases to form the Pooled Unit, described below, is necessary and advisable, in the judgment of Continental, to develop and produce oil and gas from the Leases within the Pooled Unit. { 1. Declaration or Unit. In consideration of the premises and pursuant to and in accordance with the terms and provisions of the Leases; Continental pools, unitizes, and combines the Leases, including all renewals, extensions, ratifications, and amendments of the Leases and the lands covered by those Leases and the mineral and/or royalty estates in the lands subject to the Leases into a unit for the exploration, development, and production ofoil, gas, and associated hydrocarbons (the"Pooled Unit"). 2. Description of Pooled Unit Area. The Pooled Unit Area includes the Leases described on Exhibit "A", but only as to oil, gas, and associated hydrocarbons produced from the "Niobrara and Codell" formations from a horizontal well or wells located in Weld County, Colorado, on the following described lands: Township 8 North. Range 62 West Section 14: All Section 23: All containing 1280.00 acres, more or less (the 'Pooled Unit"). Production from the Pooled Unit shall be allocated proportionately among all of the tracts within the Pooled Unit in the proportion which the number of surface acres in each tract bears to the total number of surface acres in the Pooled Unit. If at any time any tract of land or interest within the Pooled Unit is not properly pooled or unitized by this Declaration, or is not otherwise committed to the Pooled Unit, such fact shall not affect, terminate, impair, or otherwise invalidate the Pooled Unit as to any interest pooled or unitized by this Declaration. 3. Additional Interest Ineluda In the event Continental, as of the effective date of this Declaration, owns any leasehold interest or mineral and/or royalty interest other than those specifically described or referred to in this Declaration which cover lands within the Pooled Unit, or any interest for which ratification ofthe Pooled Unit created by this Declaration is necessary. those interests are hereby pooled and combined into the Pooled Unit, without the necessity ofspec iticallyenumerating such interest or interests or the specific land which they cover or in which they are held. 3857373 Pages: 2 of 4 $7/06/2012 @z:e7 pit p Fee $26 00 Sieve Rore,= Clerk anc Recorder kelp Cer.ly. CO iI l I6 ft! 4. Right to Amend. The undersigned expressly reserves the right to amend this Declaration, and its terms and provisions, and to change the size and area of and interests covered by the Pooled Unit, including, without limitation, the power: (i) to change, reduce, enlarge, or extend the size or configuration of the Pooled Unit Area; (ii) to include any other formation or formations and any other mineral or minerals in, under, or produced from the Pooled Unit, all in accordance with the terms and provisions of the Leases; (iii) to include in the Pooled Unit or in any amendments, oil, gas, and mineral leases, or interests in the lands described, covering interests in the Unit Area, which are secured or obtained subsequent to the etTective date of this Declaration, or prior to the effective date of this Declaration, and not included and described in this Declaration; and, (iv) to include in the Pooled Unit Area or in any amendments, full or undivided interests in the Pooled Unit which are not otherwise included by the owner of such full or undivided interests. 5. Dissolution of Unit. The Pooled Unit formed may be dissolved by Continental, at any time and for any reason, including any failure to establish unit production, or after cessation of operations upon the Pooled Unit. b, Ratification of Unit. This Declaration may be ratified by other parties by separate instruments in writing, referring to this Declaration. This Declaration of Pooled Unit, and each counterpart or ratification of it shall be binding on each parry who executes it, without regard to whether any other party owning an interest in the Leases or Pooled Unit Area may execute this Declaration, or a counterpart or ratification of it. 7. Successors and Assigns. This Declaration shall be binding on the heirs, representatives, successors and assigns, as applicable, of the undersigned and the lessors and lessees in the Leases identified in Exhibit "A". S. Effecsive Date. The Pooled Unit created by this Declaration shall be effective as of January 1, 2012 ("Effective Date") and shall remain in force as long as oil, gas and associated hydrocarbons are being produced from the Pooled Unit, or so long as the Leases are maintained in force and effect by payment or tender of shut-in royalties, or by other means, in the manner provided for under the terms of the Leases, so long as the Pooled Unit has not been terminated or dissolved. This Declaration is executed as of the date set forth below but effective for all purposes as of the Effective Date. Dated:‘,/(20/:12_ STATE OF OKLAHOMA ) )5S COUNTY OF GARFIELD ) CONTINENTAL RESOURCES, rNC. Matthew Callaway, RPL Northern Region Landman The foregoing instrument was acknowledged before me this '2{'day of June, 2012, by Matthew Callaway, the Northern Region Landman of Continental Resources, Inc., an Oklahoma corporation, on behalf of the corporation. j,, 11111111/1,+,+! QC? V 1 Tti,p` `s'• 0 10006980 . EXP 0$.24,2014 •,, OK1 'ej ll11111111 Planck l -14H Notar�j'Public: Ashley Hardison Commission Number: 10006980 Commission Expires: 8/24/2014 Exhibit "A" Attached to and made a part of that certain Declaration of Pooling for Planck 1-14H covering lands in Weld County, Colorado Lessor Marguerite Freeman, Van Freeman (a/k/a Peter Y.R. Freemen II and Peter Van Rensselaer Freeman II) and Beverly Freeman (a/k/a Beverly A. Freeman), Trustees of the Marguerite Freeman Revocable Trust Lessee HOP Energies, LLC Peter V.R. Freeman and Beverly Freeman, Trustees of The Van Freeman Revocable Trust dated March 23, 2001 HOP Energies, LLC Effective Location Description Recording 02/12/2010 008N -062W,11 E,4 008N -0621K,12 SA 008N.062W,13 NbI 008N-06291.14 NA 008N -062W,15 Ni 02/12/2010 008N -062W,11 Ex Beverly Freeman (WWI Smelly A. Freeman) and Van Freeman (a/k/a Peter V.R. Freeman II and Peter Van Rensselaer Freeman Ill, wife and husband HOP Energies, LLC Susan f McClellan and lames L. McClellan, her husband Mary Ann Moody, a widow Robin Salmon, a widower Barbera Simmons, a widow James J Simmons, a/k'a James Jackson Simmons, a married man Duangchai Washburn, a single woman Douglas Waterman, a mantled man Beahkujo_ LLC Diamond Resources Co. James C. Karp Associates Diamond Resources Co. Diamond Resources Co. Diamond Resources Co. HOP Energies, LLC James C. Karo Associates Junes C. Kato Associates Van Freeman, a/Ida Peter V. R. Freeman IL a/k/a Peter Van Rensselaer Freeman II and Beverly Ferman, aOUa Beverly A. Freemen, husband and wife HOP Energies, LLC Derek Collins Jansen, Okla Derek Collins and Colleen J. Jansen, husband and wife Diamond Resources Ca. Docltr.scn o/Pooling Ku,mk n • 14H : a:2 008N.062W,i2 5/; 008N -062W,13 ) s 008N -062W,14 Ny, 008N•062W,15 NA 02/12!2010 0118N -062W, I I EV: 008N•062W,12 S% 008NA62W,1s NI/, 008N -062W,14 \'6 000N-0b2W,I5 NY, 12/21/2011 008N -062W,14 N! 10/22/2007 008N -062W,14 SA 1'2123/2011 008N -062W,14 N1!2 12/21/2011 008N -062W,14 NIA 12/21/2011 008N -062W,14 \1, 09121/2097 000H -062W,14 01/11/2008 008N-062W_Ii 09/05/2007 308N -062W,23 NE'G,NASE'1. 02/12/2010 008N•062W,23 SI 008N -062W,26 N1 01/05/2012 008.h -062W,23 SW'A 03679341 o' Lf Y #3679340 L N a`� o da � u tom. #3679342 v # o..@: -am "AN m N C C N 03820525 r a his'= 03520932 M®in� 53820517 03820523 4.1820518 53520934 53555047 53520938 #3679339 43822953 Lessor Ruth R. Many and Floyd B Many, her husband Karen Nitschke, Attomey-m•Fact for Barbara Nitschke, a widow Donald Sheller and Vicki Sheller, husband and wife Clinton Bruce Spangler Weld County, Colorado, a political subdisision of the State of Colorado acting by and through the Board of County Commissioners of the County of Weld Barbara!, Rouse Lessee James C. Kato Associates Continental Resources, Inc. James C. Korn Associates AG Energy Partners, LP Diamond Resources Co. Hoover & Stacy, Me. Alfred Ward and San, a Partnership Rodeo Energy Fanners, LLC Ronnie E. Settles, Individually and as heir to the Estate of Leona Settles, deceased Rodeo Energy Partners, LLC Effective Location Description 09/2i:2007 008N -062W,23 NW;:, S4iSE'/. II/08/2011 008N -0.62W.23 S W A 10/11/2007 008N -062W,23 NS':SE'/ 05/16+2011 008N•062W,23 S Wf. 01/23/2012 008N -062W,23 Tracts 6& 8 06/30/2010 008N-062W,1I 501 008N -062W,13 NV, 008N -002W,14 MA 008N -062W,15 N% Swanson Family Trust, Dorothy 1 Mattive, Successor Trustee Timberlake Management Corporation 06!27-7011 008N-062 W,l 008N -062W14 N' 008N -062W,15 NY, 06/292011 008N -061W,04 SWN 008N-061 w,05 Lots 1, 2, S'ANE'' 00g,•061w Ai, Lots 1, 2, 3, 4, E'/,W1/2, E/, 008N -061W,08 5'/,, 5%Nei 008N -061w,09 NwJ 00BN-061W,t7 All 008N -061W, i 9 Lots 3, 4, E'/.SW'/., SE'/. 038N-06IW,2I NW'.NW'.i 008N -061W,30 Luis 1, 2, 3.4, E/WA, Ey 008N-062W,1I E'/, 008N•062W,12 S%, 008N-062W,I3 N%, 003N-062 W,14 008N•062W,15 N'/ 01)22/201G 00EN-062W,23 5W%i 00SN-062W,26 N14 Doris H Lea, a widow, appearing herein through Kenneth Robert Lea Jr, her Attorney -in -Fad Denver Basin Oil & Gas, LLC 09l2AI20I1 o0fiV-Ob2W,2a 008N•062W23 SW" Dctreuor ofPecl na iMrnek I •;IH or1 SW Recording #3528113 #J817297 #3520940 53777679 #3221129 #3719031 —IF #3782290 53691 527 #3794936 nu - m 3922529 04/05/2013 10:24 AM Total Pages: 3 Rec Fee $21.00 Steve Moreno - Clerk and Recorder, Weld County, CO AFFIDAVIT OF EXTENSION OF OIL AND GAS LEASE(S) BY PRODUCTION STATE OF COLORADO CITY AND COUNTY OF DENVER ) ) The undersigned, of lawful age, having been first duly sworn upon his oath, deposes and states: 1. That Noble Energy, Inc., is the record owner and holder of certain lands under the Oil and Gas Lease(s) ("Lease") described on Exhibit "A" attached hereto and made a part hereof, 2, That Joseph H. Lorenzo is Attorney -In -Fact for Noble Energy, Inc. 3. That the Lease is for a definite term of years, days or months from the date thereof and for so long thereafter as oil and gas, or either of them, is produced from the lands covered thereby or lands pooled or unitized therewith. 4. That the following well has been drilled and completed and Is producing or capable of producing oil and/or gas: Well Name: Location: Washburn GX15-62HN Section 15: SW/4SW/4 (Surface) API # 05-123-35476 Section 15: SW/4SW/4 (Entry Into Target Formation) Section 15: SEI4SEJ4 (Target Terminus) located In Township 8 North, Range 62 West, 6th P.M., Weld County, Colorado. 5. That pursuant to Colorado Revised Statute Section 38-42-106 (1973, as amended), Joseph H. Lorenzo, Attorney -In -Fact for Noble Energy, Inc., provides notice of the extension of the Lease beyond its primary term as to all of the lands covered by said Lease. FURTHER AFFIANT SAYEi1-t NOT. Noble Energy, Joseph H. Lore t•, may -In -Fact G Subscribed and sworn to before me this day of Apra, , 2013. A41 42ft 1 Notary Public STATE OF COLORADO CITY AND COUNTY OF DENVER ) )ss. The foregoing instrument was acknowledged before me this' 'day of , 2013, by Joseph H. Lorenzo, Attorney -In -Fact for Noble Energy, Inc., a Delaware corporation, on behalf of said corporation. OVA PHYLLIS KAJIWARA N0TARI' NOM STATE OF COLORADO NOTARY ID 169&1021145 uY CO6IIfs5ION WHIM 10, 2013 dal seal. . LLB."?tom jC c uc& t at ) Notary Public !/ My commission expires: Washburn GX168YHN Page 1 of 3 3922529 04/05/2013 10:24 AM Page 2 of 3 Exhibit "A" Attached to and made a part of Affidavit of Extension of Oil and Gas Lease(s) by Production Lease No.: O044021002 Lessor: Duangchai Washburn Lessee: Diamond Resources Co. Date of Lease: January 19, 2010 Recording: Reception 3672563 Description: Township 8 North. Range 62 West, 6' P.M. Section 14: S/2 Section 15: S/2 Lease No.: O044021019 Lessor: Bruce Michael Davis Lessee: Diamond Resources Co. Date of Lease: February 1, 2010 Recording: Reception 3675751 Description: Township.8 North,_Range 62 UVost, 61' P.M. Section 1: NE/4SW14, SE/4 Section 15: S/2 Lease No.: O044021003 Lessor: Arthur Larson and Jo -An Larson Lessee: Diamond Resources Co. Date of Lease: February 1, 2010 Recording: Reception 3677423 Description: Township 8 North,, Rgnye 62 West. 6"' P.M. Section 1: NE/4SW/4, SE/4 Section 15: 5/2 Lease No.: 4044021001 Lessor: Gary Diebert Lessee: Diamond Resources Co. Date of Lease: March 1, 2010 Recording: Reception 3682155 Description: Township 8 North. Rance 62 West. 6'' P.M. Section 15: S/2 Lease No.: O044021017 Lessor. Billy John Diebert aka William J, Delbert Lessee: Diamond Resources Co. Date of Lease: March 1, 2010 Recording: Reception 3582162 Description: Township 8 North. Rance 62 West, 8" P.M. Section 15: 5/2 Washburn GX154211M Page 2 d 3 3922529 04/05/2013 10:24 AM Page 3 013 Lease No.: Q043820001 Lessor: U.S. AgBank, FCS fka Farm Credit Bank of Wichita, Wichita, Kansas Lessee: L&W Ventures, LLC Date of Lease: December 31, 2009 Recording: Reception 367325D Description: Township 8 North, Range 62 west. 64i P.M Section 15: N/2 Township 9 North. Rune 57 West. 5'"Pi!+i. Section 10: SE/4M14 Section 11: SWI4SW/4 Section 13: NE/4SW/4, S12SW/4 Section 14: SWI4, S/2SE/4, S/2NW/4, NW14NW/4 Section 15: Ei2NE/4 Section 28: 3E/4 Section 33: NE/4 Township 11 North. Rance 57 West. 6"' P,,M. Section 20: NE/4SE/4, NEJ4 Section 21: NW/4SW/4, NW/4 Township_11 North. Range 58 West 641 P.M, Section 6: N/2 Township 11 North. Ranee 59 West. 6" P.M Section 34: S/2 Township 12 North. Rance 59 Wsistj"' P.M. Section 20: S/2 All in Weld County, Colorado End of Exhrb A' Washibum GXILSYI l Page 3 of 3 I11111111111111111111111111111111 jrlrrllII11111Ilrl Ir11 7$9 3527789 01/08/2008 01:12P Weld County, CO 1 of 7 R 36.00 0 0.00 Steve Moreno Clerk & Recorder RECORDATION REQUESTED BY: Farmers Bank Auk 1191st Street PO Box 220 Autt, CO 90610 WHEN RECORDED MAIL TO: Farriers Bank Ault 119 let Street PO Box 220 Ault, CO 908T0 FOR RE DEED OF TRUST MAXIMUM PRINCIPAL AMOUNT SECURED. The Lien or this Deed d Trust shall not exceed a! any one time S250.010 OD except as slowed under applicable Colorado law. THIS DEED OF TRUST is dated January 7, 2OO8, among Duangchai Washburn, whose address is 110 Oak Avenue, Eaton, CO 8O615 ("Grantor"); Farmers Bank, whose address is Ault, 119 1st Street, PO Box 220, Ault, CO 8O61O (referred to below sometimes as "Lender" and sometimes as "Beneficiary''); and the Public Trustee of Weld County, Colorado (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Grantor hereby irrevocably grants, transfers and assigns to Trustee for the benefit of Lender as Beneficiary al of Grantees right, title, end interest in and to the following described real proper.!, together wit• at existing or subsequently erected or affixed buildings, improvements and fixates; all easements, rights of way, and appurtenances: au water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the roe property, including without Irritation all minerals. a, gas. geothermal and similar matters, (the "Real Property") located in Weld County, State of Colorado: The Southeast Quarter and the Northeast Quarter of the Southwest Quarter of Section 1; The Southwest Quarter of Section 2; The Southeast Quarter of Section 3; The Northeast Quarter of Section 10; The South Half of Section 14 and the South Half of Section 15, all In Township 8 North, Range 62 West of the 6th P.M., County of Weld, Slate Of Colorado. The Real Property or its address is commonly known as 45254 County Road 81, Briggsdale, CO 8O611, Grantor presently assigns to Lender (also known as Beneficiary in this Deed of Tryst) all of Grantor's right. the, and interest in and to all present and Suture leases of tins Property and at Rents from the Properly- In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TD SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBUGATPONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS; PAYMENT AND PERFORMANCE. Except as otherwise provided in the Deed of Trust, Grantor shall pay to Lender all amounts secured by this Dees of Trust as they become due, and shall stricty and in a ! rnely manner perform ai: of Grantors obligations under the Note this Deed O1 Trust are the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shay be governed by the following provisions' Possession and Use. Until the ocarrence of an Event of Default, Grantor may (1) remake in possession and coned of the Property; (2) use, operate or manage the Property: and (3) collect the Rents from the Property. Duty to Malrttatn. Grantor shall maintain the Properly in tenantable condition and promptly perform all repairs, replacements. and maintenance necessary to preserve Re value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that (1) During the period of Grantor's ownership of the Property, there has been no usegeneration, manufacture. storage. treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under. about or from the Property: 12) Grantor has no knowledge of, or reason to believe that there has been. except as previously disclosel in and acknowledges by I ander in writing, (a) any breach or videtion of any Eneroemonlal Laws: ite any use. generation. manufacture. storage. treakrrrr,t, disposal. release or threatened release of any Hazardous Substance on, under, about Or from the Property by any pror owners or occupants of the Property, or (c) any actual or threatened litigation Cr claims Of any kind by any Person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (al neither Grantor nor any tenant, contractor, agent or other eu hortzed user of lee Property shell use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on. wader, about or from the Property:. and (b) any such activity shall be conducted in compliance with all apprrcable federal. state. and focal laws, regulations and ordinances. inclueng without limitation all Environmental Laws. Grantor auttoraes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense. as Lender may deem appropriate to determent compliance of the Property with this section of the Deed of Trust Any inspections or tests made by Lender snail be for Lender's purposes only and shall ref be construed to create any esponskelity or liabdlty on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigate? the Properly far Hazardous Substances Grantor hereby (1) releases and waives any future clams against Lender for indermity or contribution In the event Grantor becomes liable for cleanup or other costs elder any such laws: and 12) agrees 10 indemnify_ defend, and hold harrriesa Lender aganst any and all claims, losses, liablitieS, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deec of Trust or as a consequence of any use, generation, mant11acture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of tort section of the Deed of Trust. including the obligation to indemnify ano delentd. shall survive the payment of the Indebtedness and the satisfaction and reoonveyance of the lien of this Deed o' Trust and shall not be erected by Lenders acquisition ct any interest in the Property. whether by foreclosure or otherwise. I IIIIII 11111111111 llllll III 11111111111 III IIIII IIII III 3527789 01/0812008 01:12P Weld County, CO 2 of 7 R 36.00 D 0.06 Steve Moreno Clerk & Recorder Loan Nor 1200085627 DEED OF TRUST (Continued) Page 2 Nuisance, Waste. Grantor shell not pause, conduct or pewter any nuisance nor commit permit or suffer any stripping of or waste on or to the Property or any portion of the Property. Wrthout reap the generality of the foregoing, Grantor Mil not remove, or grant to any other party the right to remove, any timber. minerals (inducing of arc pas). coal, (lay, scoris, soil, gravel or rock products without Lender's prior written consent, Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. Asa condition to the removal of any Improvements. Lender may require Grantor tc make arrangements satisfactory ro Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Peal Property at all reasonable trues to attend to Lenders interests and to inspect the Real Property for purposes of Grantor's compliance with the terns and conditions of this Deed of Trust Compliance with Governmental Requirements. Grantor shall promptly comply with at laws. ordinances. and regulbtions, •tow or hereafter in effect, of all governmental authorities applicable to the use or occupancy 01 the Property, including without limitation, the Americans With Disabtibes Act Grantor may contest in good faith any such law. ordinance, or regulation and withhold comaliernoe during any proceeding. including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and sc long as. in Lender's sole opinion. Lender's Interests in the Pvpe,ty are not Jeopardized. Lender may require Grantor to post adequate security on a surety bond, reasonably satisfactory tb Lender, to protect Lender's interest Duly to Protect Grantor agrees nether to abandon or leave unattended the Property. Grantor shall do all other acts. in addition to those acts set forth above in this section. which Irani the character and use of the Property are reasonably necessary to protect and preserve the Property DUE ON SALE • CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Deed of Trust upon the sale or transfer. without Lenders prior written consent, of al or any part of the Real Property, or any interest in the Real Property, A "sale or transfer means the conveyance of Real Property or any right, title or Interest in the Real Property; whether' legal, beneficial or equitable, whether vduntary Cr involuntary; whetrler by outright sale, deed- installment sale contract, land contract. contact for deed. leasehold interest with a term greater than three (3] years, lease -option contract, or by sale, assignment or transfer of any t rieficiaf interest in or to any land trust holding Cite to the Real Proaperty, or by any other method cf conveyance at an interest in the Real Property. However, the option shell not be exercised by Lender if such exercise is pronitited by federal law or bey Colorado law. TAXES AND LIENS. The following provisions relating tc the taxes and liens on fie Property are part Of this Deed of Trust: Payment Grantor shall pay when due land in al events prior to delinquency) all taxes. special taxes, assessments. charges (including water and sewer). fines and impositions levied against ar on account of the Property. and shall pay when due al claims for work done on or for services rendered or material furnished to the Property Grantor shell maintain 'Me Property free of all Liens having priority over or equal ro the interest of Lender under this Peed elf Trust, except for the lien of taxes and assessments not due and except as Otherwise provided in this Deed al Trust. Right to Consist. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the Obligation to pay, so long as Lenders interest in the Property is not jeopardized. If a lien arises or is tiled as a result 01 nonpayment Grantor shall within fifteen (15) days after the lien arises or, if a lien is tiled, within fifteen (15) days after Grantor has notice of the filing. secure the discharge of the lien, or if requested by Lender. deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in ar amours sufficient IC discharge the fen plus any costs and attorneys' lees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor stall defend itsalt and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional Obliges under arty surety bond furnished in the contest proceedings, Evidence of Payment. Grantor shall upon demand 'tarnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property_ Noticeof Construction. Grantor shal notify Lender at least fifteen (15} days beta's any work is conrnenced, any services are fumshed, or any materials are supplied to the Property, if arty mechanic's lien, materialmen's lien, or other lien could be asserted on account of the wee, services, or matera.S. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and wit pay the cost of Such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. Maintenance of Insurance. Grantor shall procure and maintain policies of tire insurance with standard extended Coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Rear Property in an amount sufficient to avoid application of any coinsurance clause. anc with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and Lender being named es additional insureds in such liability insurance policies. Additionally. Grantor shat ratntan such Other insurance. aictudtng but not limited to hazard, busness interrupfion. and boiler irtsuranoe. as '.ender may reasonably require. Policies shall be written in form, amounts. coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lender war deliver to Lender from time to time the policies or certificates of insurance in tom, satisfactory to Lender. mtduding stipulations that coverages will not be cancelled or diminished without al least ten (t0) days prior written notice to Lender. Each insurance policy a -so shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act. omission or default of Grantor or any other person. Should the Rea. Property be located in an area designated by the Director of the °ederal Emergency Management Agency as a special flood hazard area- Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 4.5 days after notice is given by Lender that the Property is located in a special flood hazard area, ler the full unpaid principal balance of the loan and any prior liens an the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan Applloatfon of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property Lender may make proof of loss if Grantor fads to do so within fifteen (15] days 01 the casually. Whether or not Lenders security is impaired, Lender may, at Lender's election. receive and retain the proceeds 01 any insurance and apply the proceeds to tie reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property- If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender- Lender shall, upon satisfactory proof or such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or resiorabon if Grantor is not in default under this Deed 01 Trust. Arty proceeds which have not been disbursed within 180 days atter their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued interest, and the rams nder, it any, shall be applied to the principal balance.% the Indebtedness. It Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear, Grantor's Report on Insurance. Upon request of Lender, however not more than once a year. Grantor shall furnish to Lender a report on each existing policy of insurance showing: (1 ] the name of the insurer: (2) the risks insured (3) the amount of the policy: (4) the property insured, the then current replacerneM value a' such property, and the manner of detennining that value, and (5) the expiration date of the policy. Grantor shag, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property_ LENDER'S EXPEMOfTURES, If any action or proceeding is commenced del would materially affect Lender's interest in the Property or It I Inuit 1INr III! lllrll err Illllr Irllll HEWER Illl Irrl 3527789 01/08/2008 01:12P Weld County, CO 3 of 7 R 36.00 0 0.0D Steve Moreno Clerk & Recorder DEED OF TRUST Loan No: 12001)85627 (Continued) Page 3 GMn10/ faits to comply wrth any provision Of this Deed of Trust or any Related Documents, including but riot limited to Grantors tature ro discharge or pay when due any amounts Grantor is requred 10 discharge or pay under this Deed of Trust or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems approprete, including but not limited to discharging or paying all tares, tier*, security interestsencumbrances and other clams. at any time levied or placed on the Property and paying at costs for insuring, maintaining and preserving the Properly. All such expenditures incurred or paid by Lender for such purposes wilt than bear interest at the rate charged under the Note from the date incurred or pee by Lander to the date of repayment by Grantor_ Ali such expenses wilt become a part of the Indebtedness and, at Lender's option, wil ;A) be payable on demand; {B} be added to the balance of the Note and be apportioned among and be payable with any mstailment payments to become due during ether (1) the term of any applicable insurance policy; or (2) me remaining term of the Note; or (Cl the treated as a batoen payment which will be due and payable at the Note's rnatunty. The Deed of Trust also vii secure flayment of these amounts- Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. WARRANTY; DEFENSE 4F Tm.E.. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Tele, G.'antor warrants that: (a) Grantor holds good and marketable tole of record to the Property in tee simple, free and dear of all hens and encumbrances other than those set forth in the Real Property description Cr in any title insurance policy, tine report, or final title op eon issued in favor of, and accepted by, Lerner in connection with this Deed of Trust. and Ib) Grantor has the full right, power, and au:horty to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception NI the paragraph above Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons- In the event any action or proceeding is commenced that questions Grantors title or the interest ct Trustee or Lender under this Deed of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in :;uch proceeding. but Lander shall De entitled to participate in be proceeding and to be represented in the proceeding by counsel of Lender's own choice. and Grantor will dellver. or cause to be delvnred- to Lender such instruments as Lender may request from time to time to permit such participation. Compllanee With Laws. Grantor warrants that the Property and Grantors use of the Property complies with al existing applicable laws, ordinances, area regulations of governmental sureness. Survival of Representations end Warranties. All representations, warranties, and agreements made by Grantor in this Deed of Trust shell survive the execution and delivery of title Deed of Trust, shalt be continuing in nature. and shall remain in lull force and effect until such time as Grantor's Indebtedness shall be paid in lull. CONDEMNATION. The following provisions relating to condemnation proceedings area part of this Deed of Trust: Proceedings. If any proceeding in condemnation is fled, Grantor shall promptly notify Lender in writing, and Grantor shall creme* take such steps as may be necessary to defend the action and obtain the award. Grantor may be the norrinal parry in such proceeding, but Lender shall be entitled to participate in the proceeding end to be represented in the proceeding by counsel of its own choice, aria Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to pemrt such participation. Appfrcatlon of Net Proceeds. if alt or any part of the Property is condemned by eminent domahi proceedhgs or by any proceeding Or purchase in lieu of condemnation Lender may at as election require that ail or any portion of the net proceeds of the award be applied to Ina Indebtedness or the repair or restoration of the Property, The net proceeds of the award shall mean the award after payment of al reasonable costs, expenses, and attorneys' fees incurred by Trustee of Lender vi connection with the condemnation. IMPOSIllON OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges area pan of this Deed of Trust Current Taxes, Few and Charges. Upon request by Lender, Grantor shall erect?* such documents in addition to this Deed of Trust arc take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall retnburse Lender for alb taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of `rust, including without limitation all taxes fees, documentary stamps, and other therges for recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which this section applies, CO a specific tax upon this type of Deed of Trust or upon all « any part of the Indebtedness secured by this Deed of Trust; 12) a specthc tax On Grantor which Grantor IS authorized or required to deduct from payments on the Indebtedness secured by this typo 01 Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lander or the holder of the Note; and id) a specific tax on eli or any portion of the Indebtedness or on payments of principal and interest made by Grantor. subsequent Taxes. It any tax to which this section applies is enacted subsequent to the date of this Deed of Trust this event shall have the same effect as an Event of Default, and Lender may exerese any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before rt becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to Ire extent any of the Property constitutes `fixtures, and Lender shall have all of the rights of a secured party under the Uniform Canrnercial Code as amended from time to time. Security Interest, Upon request by Lender. Grantor shall take whatever action is requested by Londar to pedect and continue Lender's security Merest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any tree and without further authorization from Grantor, fie executed counterparts. copies Or reproductions of this Deed of Trust as a financing statement Grantor shall reimburse Lender for at expenses incurred in perfecting or continuing this security interest Upon default. Grantor shat' not remove. sever or detach Cite Persanai Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to me Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (31 days after receipt of written demand from Lender to the extent perm tied cy applicable law. Addreitses, The mailing addresses of Grantor (debtor) and Lender (secured party) from which intonation concerning the security interest granted by this Deed of Trust may tie obtained leech as required by the uniform Commercial Code) are as stated on the first page of tits Deed of Trust. FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to higher assurances and attorney.in.fact area part of this Deed of Trust: Further Assurances, At any time. and from lime to lime, upon request ed Lender, Grantor we make, execute and deliver, or we cause to be made, executed or delivered, to Lander or to Lender's designee, and when requested by Lender, cause to be tiled, recorded, relied, or rerecorded, as the case may be, at such tunes and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements. financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender be necessary Cr desirable n order to effectuate, complete, perfect. continue, or preserve (1) Grantees obligations under the Note. this Deed of Trust, and the Related Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Property. whether now owned Or hereafter acquired by Grantor. Unless prohibited by law or Lender agree; to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in coofleClian with the matters referred to in this paragraph. 1 IIIIV 11111111111111111 III 111111111111 III IIHI Illl IIII 3527789 01108/2008 01:12P Weld County, CO 4 of 7 R 36.00 fi 0.00 Steve Moreno Clerk & Recorder Loan No: 1200085627 DEED OF TRUST (Continued) I Page 4 Attorney -in -Fact. If Grantor MPS t0 do any of the things referred to in the precedng paragraphs, Lender may do so for and in the name of Grantor and at Grantors expense, For such purposes. Grantor hereby irrevocably a000ints Lender as Grantor's attorney -in -fact for the purpose Oi making. executing, delivering. filing, recording, and doing an other things as may be necessary or desirable, in Lender's sae opnion. to accomplish me matters referred ton the preceding paragraph - FULL PERFORMANCE Upon the full performance of all the obligations under the Nate and this Deed of Trust, Trustee may, upon production of documents and fees as required under applicable law. release this Deed of Trust. and such release shall constitute a release of the lien for all such additional sums and exDendilures made pursuant to this Deed ol Trust. Lender agrees to cooperate with Grantor in obtaining such release and re easing the other collateral sec,lnng the Indebtedness. Any release fees required by law shall be past by Granter, if permitted by applicable law. EVENTS OF DEFAULT. Each of the following, et Lender's option, anal constitute an Event of Default under this Deed Ot Trust: Payment Default, Grantor fails 10 make any payment when due under the Indebtedness. Other Defaults. Grantor tails to comply with Or t0 perform any other term, obligation. covenant or condition contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor. Compliance Default. Failure 10 comply with any Other term, obligation. pwenart Or condition cortained in this Deed or Trust, the Note or in any of the Related Documents. Default on Other Payments. Failure of Grantor within the time required by Si$ Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to prevent hhng el or to effect discharge of any lien. False Statements. Any warranty, representation or slatenlerst made or furnished to Lender by Grantor or on Grantor's behalf under this Deed of Trust or the Related Documents is false Or rrrsleecrg In any material respect. either now or at the time made Or furnished or becomes false or misleading at any time thereafter - Defective COllateralttatlon, This Deed of Trust o• any of the Related Documents ceases to be in Lull force and effect (including failtre of any collateral document to create a valid and perfected security interest or lien) at any rime and for any reason Death or insolvency. The death of Grantor, The insolvency cif Grantor. the apponfinent of a •eceiver for any part Of Grantor's property, any ass giment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Creditor or Forfeiture PrOCeedIngs. Commencement or foreclosure or forfeiture proceedings, whether by judicial proceeding. self-help, repossession or any other method, by any creditor of Granter c' by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Grantor's acccounts, including deposit accounts, win Lender. However, this Event of Delautt shall not apply t there is a good faith dispute by Grantor as to the validity or reasonableness of the claim winch is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written novice of the creditor or forfeiture proceeding and deposits with Londe' monies or a surety bond !or the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being en adequate reserve or bond for the dispute. Breach of Other Agreement. Arty breach by Grantor under the terms 01 any other agreement between Grantor and Lender that a not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or Other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events actors with respect to any guararxor, endorser, surety, Or accommodation party of any Ot the Indebtedness or any guarantor. eedc•ser. surety. or accommodation party dies Or becomes incompetent, or revokes or disputes the validity ce, or liability under, any Guaranty of the Indebtedness. Adverse Change- A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impeseO. Insecurity, Lender it good faith believes itself insecure. Right to Cure. If any default, other than a default in payment Is Curable and if Grantor has ricil been given a notice of a breach Of the same provision of this Deed of Trust within the preceding twelve (121 months. it may be cured if Grantor, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen Ile) days; or {2} if the cure requires more than fifteen (15) days,-nnmsediatefy initiates steps which Lender deems in Lender's See discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps Sufficient to produce cOn1'rptiarce as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any lime thereafter, Trustee Or Lender may exercise any one or more of the following rights and remedies, Election of Remedies,. Election by Lender te pursue any remedy shall not exclude purSut of any other remedy, and an election to make expenditures or to take action to perform an Obligation of Grantor under this Deed of Trust, aver Grantor's failure to perform, shall not affect Larder's right to declare a defau t and exercise rte remedies. Accelerate Indebtedness. Lender shag have the right at its option without notice to Grantor to declare the entire Indebtedness irmedietely due and payable, including any prepayment penalty which Grantor would be required to pay. Foreclosure Lander shall have the right to cause all or any part of the Reel Property. and Personal Property, if Lender decides to proceed against f1 as if ft were real property, to be sold by the Trustee according to the laws of the State of Colorado as respects foreciosures against real property, The Trustee shall give notice n accordance with tee laws of Colorado, The Trustee shall rpply the proceeds of the sale in tire following order: (a) to all costa and expenses Of the sale, including but not f,mited to T-ustees tees. attorneys' tees, and the cost of file evidence; (b). to ell sums secured by this Deed of Trust aro {c) Me excess. if any, to the person or persons legally entitled to the excess. UCC Remedies. With respect to all or any part of the Personal Property. Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents, Londe• shall have the right, without notice to Grantor TO lake possession of and menage the Property and collect the Rents. including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness - In furtherance of this right Lender may red tire any tenant or otter user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney -in -fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds Payments by tenants or Other users to Lender in response to Lenders demand shell satisfy the obligations for which The payments are made. weather or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shah nave the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure of sale, and to collect the Rents from the Property and apply the proceeds, over and aUcve the cost of the receivership, against the Indebtedness The receiver may serve without bond if permitted by law. Lender's right to the appointment 01 a receiver shall exist whether or not the apparent value Of the Property exceeds the Indebtedness by a substantial amount. Employment by Lander shall n01 disqualify a person from Canning es a receiver_ Receiver may be appointed by a court of competent unsdictien upon ex parte application and without notice, notice being expressly waived. I II11111111111111I 111111 III 111111111111III 11111 IIII ell 3527789 01/08/2008 01:12P Weld County, CO 5 of 7 R 36.00 0 0.00 Steve Moreno Clerk & Recorder Loan No: 1200055627 DEED OF TRUST (Continued) Page 5 Teninty at Sufferance It Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession ot the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2: vacate the Property mmedlately vein the demand of Lender. Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or available at law or in equity. Sale of the Property. In exercising its rights and remedies. Lender shall be free to designate on or before it riles a notice of election and demand with the Trustee, that the Trustee sell all o any part of the Property together or separately, in one sale or by separate sates. Lender shall be entitled to bid at any public sate on all or any portion of the Property_ Upon any sale of the Property, whether made under a power of sale granted in Itts Deed of Trust or pursuant to judicial proceedings, if the holder of the Note is a purchaser at such sae, it shall be entitled to use and apply all, or any portion of, the Indebtedness for or -n Settlement or payment of all, or any portion of, the purchase price of the Property purchased and. in such case. this Deed of Tryst, the Note and any documents evidencing expenditures secured by this Deec of Trust shall be presented to the person Conducting the sale in order that the amount of Incebtedness so used or applied may be credited thereon as having been paid. Attorneys' Fees; Expenses. If Lender forecloses or institutes any suit or action to enforce any of the terms of this Deed of Trust. Lender shall be entitled to recover s..ch sum as the court may adiudge reasonable as attorneys' lees at trial and upon any appeal. Whether or not any court actor is irvdvedand to the extent not prohibited by law. all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement or its ages shall become a part of the Incebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid Expenses covered by this paragraph inclurde, without Imitation_ however Subject to any limits under applicable law. Lenders attorneys' lees whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedngs (including efforts 10 modify or vacate any automatic stay or injurilonl. appeals, and any anticipated post-iodgn'ent collection services, the cost of searching records, obtaining title reports (including foreclosure reports)_ surveyors' reports, and appraisal fees. titre insurance, aid fees for the Trustee, to the extent permitted by applicable raw. Grantor also wit pay any Court costs, in addflion to ail other sums provided by taw. Rights of Trustee. To the extent permitted by applicable law. Trustee shall have all of the rights and duties of Lender as Set forts in this seeton. NOTICES. Any notice required to be given unite this Deed of Trust, including without limitation any notice of default and any notice of sale shall be given in writing, and shat be effective when actually delivered, when actually received by telefacsinile (unless Otherwise required by law), wher deposited with a nationally recogruxed overnight courier, or, if mailed. when deposited in the United States mail, as first Class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust All copies of notices of foreclosure from the holder ot any ten which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. Any party may change its address for notices under this Reed of Trust by giving former written notice to the other parties, specifying that the purpose o1 the notice is to eharige the party's atf&eS5- For notice purposes, Grantor agrees to keep Lender informed at at times of Grantor's current address Unless otherwise provlaed of required by law .1 there is more than one Grantor, arty notice given by Lender to any Grantor is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the par: es as to the matters set forth in this Deed of Trust No alteration of or amenirrerht to this Deeo of Trust shall oe effective unless given ru writing and signed by the party or parties sought to be charged or bo..nd by the alteratinn or amendment. Annual Reports. if the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a clarified stale-"enl of net operating income received from the Properly during Grantor's previous fiscal year in such form and detail as Lender shall require. 'Net operating income' shall mean all Cash receipt from the Property less all cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only arid are not to be used to interpret or define the provisions of this Deed of Trust Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any oilier interest or estate in the Properly at any time held by or for the benefit of Lender si any capacity, without the written consent pl Lentler. Governing Law. This Died of Trust will be governed by federal law applicable to Lender end, to the extent not preempted by federal law, the laws of the State of CWOrado wlthOut regard to its torifficts of law provisions. This Deed of Trust has been accepted by Lender In the State of Colorado. Choice 01 Venue. If there i5 a lawsuit, Grantor agrees upon Lender's request to submit to the jurodction of the courts of Weld County. Sta' a of Colorado. No Waiver by Lender. Lender shall riot be deemed to have waived any rights under this Deed of Trust unless such waiver is given in wrong and signed by Lender. No delay or omission on the part or Lender in exercising any right shall operate as et waiver of such right or any other right A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to derhhand strict corrhplianoe with that provision or any other provision of this Deed of Trust No prior waiver by Lender, nor any course of dealing between Lander and Grantor, shall constitute a waiver of arty of Lenders rights or of any o1 Grantors obligations as to any future Transactions. Whenever the Consent C1 Lander is reputed under this Deed o' Trust, the granting of such consent by Lender in any Instance stet not constitute continuing consent to sribsequenl instances where such consent is required and in all cases such consent may be granted or with -held ire the sole discretion of Lender. Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal invalid, or ,.nenforceable as to any circumstance, that finding shall not make the offending prevision illegal, invalid. or unenforceable as to any other circumstance. If leasible, the offending provision shall be considered modified so that a becomes regal, valid and entorceable. II the offending provision cannot be so modified. it shall be considered deleted from this Deed or Trust. Unless otherwise required by law, the illegality, invalidity, or unenforceablity of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of Ills Deed of Trust. Successors end Assigns, Subject to any limitations stated in this Deed of Trust on transfer of Grantor's interest, this Deed of Trust shall be binding upon and inure to the bereft of the parties, their successors and assigns. if ownership oh the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's Successors wit17 reference to this Deed d Trust and the Indebtedness by way o1 forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liabiity under the Indebtedness, Timeis of the Essence. Time is of the essence in the pedormrance of this Deed of Tru5L Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial In any aofton, proceeding, of counterclaim brought by any party against any other party. Waiver of Homestead Exemption. Grantor hereby releases and waives MI rights and benefits of the homestead exemption laws of the State of Colorado as 10 all Inaebfadness seci.red by trt.s Deed of Trust, DEFINITIONS. The following capitalized words and terms shall have the fdrewing meanings when used in this Deed of Trust Unless specifically stated to the contrary, all references to dollar amounts steal mean amounts in lawful stoney d the United States of America_ wordsand terms used in thg singular shall include the plural. and the plural shat include the singular. as the context may Mauve. Words 111111111111111111111111 III 111111111111 Ill 111111111 Ills 3527789 01/08/2008 01:12P Weld County, CO 6 of 7 R 36.00 0 0.00 Steve Moreno Clerk & Recorder Loan No: 1200085627 DEED OF TRUST (Continued) Page 6 and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: Benefitiary. The ward'Berlet5Ciay means Farmers Bank, and its successors and assigns. Borrower. The word 'Borrower' means Duangchai Washburn and includes all owe filers and co -Makers signing the No and ell their successors and assigns. Deed of Trust. The words 'Deed a1 Trust' mean this Deed of Trust among Grantor, Lender, and Trustee, and includes without levitation all assignment and security interest provisions relating to the Personal Property and Pelts. Default. The word'Defautr means the Default set forth in this Deed of Trust in the section tilted "Defautr- Environmental Laws, The words 'Environmental Law? mean any and all state. federal and local statutes, regulations and ord dances relating to the protection of Wren health or the environment, includng without frmtatio- the Comprehensive Environmental Response, Compensation. and Liability Act of 1980, as amended, 42 U.S C. Section 9601. et sea ISCERCLA"I, the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 {'SARA'), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1901, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, e: seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words 'Event of Default' mean any of the events of default set forth in this Deed of Trust in the events of default section of the Deed of Trust Grantor. The word 'Grantor' means Duangchei Wasnbum_ Guaranty. The word °Guaranty' means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all on part of the Note. Hazardous Substances. The words 'Hazardous Substances' mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential haaard to human health or the environment when improper.y used, treated, stored disposed cl, generated, mantAactu'ed. transported or otherwise handled, The words `Hazardous Substances' are used in their very broadest sense and include without limrtat on any and all hazardous or toxic substances. materials or waste as defined by or listed under the Enviromtental Laws, The term 'Hazardous Substances' also includes, without limitation, petroleurn and petroleum by-products or any fraction thereof end asbestos. Improvements The word 'Improvements' means all existing and future improvements, buildings, structures, mobile homes affxed on the Real Property, facilities, additions. replacements and other construction on the Peal Property. Indebtedness. The word 'Indebtedness' means all principal, interest and other amounts. costs and expenses payable under the Note or Related Documents, together with au renewals of. extensions of, modificationS of. consolidations or and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Granto's obligations or expenses incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust, together with Interest, on such amounts as provided in this Deed of Trust. Lender. The word 'Lender' means farmers Bank, its successors and assigns. Note. The word "Note" means the promissory note dated January 7, 2008. In the original principal amount of 5250,000.00 iron Grantor to Lender, together with all renewals of, extensions of modifications ol, refinancings ol, consolidations of, and substitutions for the promissory note or agreement Personal Property. The words 'Personal Property" meet all equiprtete. titres, and other articles of personal property now or hereafter owned by Grantor and now or hereafter attached or affixed to the Real Property: together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property: and together witn all proceeds {including xnhout limitation of Insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word 'Property" means collectively lie Reel Property and the Personal Properly Real Property. The words 'Real Property' mean the real property. ntarests and rights, as hither described in this Deed of Trust. Related Documents. The words 'Related Documents' mean al prorssory notes. credit agreements, loan agreements, environmental agreements. guaranties, security agreements, mortgages, deeds 01 trust, security deeds. co lateral mortgages, and all other instruments. agreements and documents, wheeler now or hereafter existing, executed in connection with tine Indebtedness. Rents. The word 'Rents' means all present and future rents, revet1W9, Income. issues, royalties, pralt$, and other benefit derived from the Property. Trustee. The word 'Trustee' means the Public Trustee of Weld County, Colorado. . GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO RS TERMS. GRANTOR: angchal (ir bum !I'll( III IIIIfI !Fill III Willi It 3527780 0110812008 01:12P Weld County, CO 7 of 7 R 36.00 D 0.00 Steve Moreno Clerk & Recorder Loan No; 1200085627 DEED OF TRUST (Continued) Page 7 INDIVIDUAL ACKNOWLEDGM: ,,,•,.. STATE OFnt}R.k_„J F,r .' ,V � 11 ISS —,+s . COUNTY OF ) ��1_PUBLt . ': On this day before me, the undersigned Notary Public, personally appeared Duangchal V ,i6 me known to be the individual described in and who executed the Deed of Trust. and acknowledged that he or she signed the Deed of Trust as his or her free and voluntary act and deed, for the uses and purposes therein mentioned- :'\ Given under od hand and otrefAl seal this t day of < r 20 r -- Sy �S Notary Public in and for the State of eej. 0-4-040 My commission expires S 0-0°1 Residing at' { I U t �+uG -�-�T 1 LASER PRO Lending, Ver 5.39.00.308 Copr. Harland Financial Solutions. tnc, 1997. 2008. All Rights Reserved. CO L:1CFIIPLG01. FC Trl3708 PR.9 r$peek Made ,hie Stfs year of our Loud one thousand nine hundred and his ty .four �� HOPE A. MOODY d Na County of Weld 16rt ern, and EDWIN C. P1RNI£ and GERTRLIDE M. PIAN7E second pert: W1m ssfLTH:'rho the WA party o1 the drat part, for and rn coor'deretl o of the asst. of Other valuable consideration and TenLLAxB, to the said pert Y of tin ftrtt part In hand paid by the said partite of the arcoud par!, the receipt whereof is hereby confeteed and acknowledged. ha 5 granted, bargained, raid and conveyed, sand by these presents do OS mint, bargain, tell, convey and confirm unto the said parties of the tumid part. to past not fee tenancy In common but in joint tenancy. the eur,i-or of them, their assigns and the heirs rind amigos of such survivor fomver, dl aht• fol- lowing described lot or parcel of hod, shoats, lying and belay in the Covert, of lfeld The South Half (S 1/2) of Section Fourteen (14), the Northeast Q.tertor (NI: I/4) of Section Ten (10) and the Southeast Quarter (SE 1/4) of Section Three (3), all in Township Eight (8) North, Range Sixty-two (62) West of the 6th P.M. RESERVING, (HOWEVER, unto the grantor one-half of ell ofl, gas and other minerals owned by him just prior to the making of this conveyance, together with the right of ingress and egress for the purpose of prospecting for and removing the same. _ — 1O0RTf1ER uieh all and singular the hereditament* and appurtenances !hereunto belonging, or n any wise appertaining, and the reversion and reversions, remainder and remainders, recta, issues and profits thereof; end all the estate. right, title. interest, claim end demand whatsoever of the said part Y of the first part, either in law or equity. of. in and to the above bargained premises, the hereditament: and appurtenance*. TO HAVE Ah'b TO HOLD the said premises. above bargained and described, with ,Dpurtenanees, unto the acid parties of the second pars, the survivor of them, their assigns. and the hefts acid utilise of earth survivor for. ever. And the mid part y of the first part. for himarif,his ?stirs, rxetntors. and adalolstnrcra, do es cotenant, grata, bargain and agree to and with the laid parties of the second part. the sorrfror of them, their attisni end the heirs and assigns of ouch survivor. that at the time of the motel leg and delivering of these presents. he is well soloed of the premises above conveyed. as of good. lure, perfect, absolute and Indefeasible elute of inheritance, in lair. in fee simple. utd ha g good right, full power and lawful entl,otity to grant, bugsin, sell end mosey,. the same it manner and form aforesaid, and that the same us free and chat from all forme and other gents. bargaiaa, sales• lieer, nee*, asseuteenu old lac,rbbranrta of wherever kind or nature aoerat:except subject to reservations and exceptions 2nd conditions contained in U. S. Patents and other instruments of record; reservationsendnrior co:iveyances of oil, gas and ether minerals in and under and that may be orod u'ed from the property above described, rights of way and easements established on the premises. (Possession of said property to be delivered to grantees herein January 1, 1965.) The grantor shall pay al taxes for the year 1964. end the above bargained premise, in the quiet and peaceable prnteurion of the said parties of the woad part, the earvirer of them. their assigns and the help end assigns or such survivor, spinal all and :rosy person or parsons lawfully deleting or 10 claim the wide or asy part thereof. the said part y of the fiat pan shall and will WARRANT AtiD FOREVER DEFEND, IN WITNESS WHEREOF, the said part yet the first part has hereunto ass his hood sad heal the day sad year first above wnum, STATA.02R.C SLORADO, ,. The foremang ivatrumeni was aektwwl "O..M1fy p slid. sated before me this_. Salt day of •;1� _.._—..----..4ctabor....., 1g49., by ..71age..A._.21oodKe.. ________ z= 0 0 7'4 q} • witness key }tone sod Offidal seal — — — — __ __ ...-- ii trw. '°(aLic i s Ifs 4cha a><pd.e .._.. October��2, 1965 ss 4.•r IptY� I,,,,.1.....,.. !Op 7'54 .10 Nn,,,Ml YI 9'29 �,L � ..fL•,DEC .....5 1975 R. No. 1.6761:5$ Lri ;I,-hee, Jr„ NQCdJR WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS, That EDWIN C. PIRNIE and GERTRUDE M. PIRNIE, husband and wife, as joint tenants, of the County of Weld and State of Colorado, for the consideration of Ten Dollars and other valuable considerations, hereby sell and convey to EDWIN C. PIRNIE and GERTRUDE M. PIRNIE, as tenants In common, of the County of Weld and State of Colorado, the following real property in the County of Weld and State of Colorado, to —wit: The South Half (S₹) of Section Fourteen (14) , the Northeast Quarter (NE}) of Section Ten (10), and the Southeast Quarter (SE;)of Section Three (3), all in Township Eight (8) North, Range Sixty-two (62) West of the 6th P.M. Southeast Quarter (SE+) and the Northeast Quarter of the Southwest Quarter (NE'aSW}) of Section One (1), Township Eight (8) North, Range Sixty -Two (62) West of the 6th P.M. South Half (Si) of Section Fifteen (15), Township Eight (8) North, Range Sixty-two (62) West of the 6th P.M, with all its appurtenances, and warrant the title to the same, subject, to the following: (1) 1975 taxes due and payable in 1976; (2) Rights of way or other easements as granted or reserved by instruments of record or as now existing on said premises; (3) Any and alt reservations, limitations, conditions and exceptions contained in instruments of record which in any way relate to or burden the above described premises, and particularly reservations relating to oil, gas and mineral rights now of record and any such prior conveyance of oil, gas and other minerals in and under and that may be produced from the property above described; (4) 011 and gas leases of record; (5) Subject to outstanding indebtedness secured by mortgage to The Federal Land Bank of Wichita and out- standing indebtedness to Lawrence E. Larson and Florence B. Larson secured by deed of trust. Signed this 4th day of December, 1975. 0,"_ •a.� Edwin C. Pirnie } Gertrude M. Pirnie STATE OF COLORADO 1 ) $S, COUNTY OF WELD ) II Es ��b,? foregoing instrument was acknowledged before me this 4th day of ▪ ti\deea�r x,1975 by Edwin C. Pirnie and Gertrude M. Pirnie, husband and wife. ESS My hand and official seal. o-rM4:''omtnisslon expires September 13. 1979 N ' P 1t•fu '6"/Fa"/ tart' Public • :1 AR2024337 B 1083 REC 02024337 09/10/05 16:25 $12.00 1/004 F 2153 MARY ANN FEUERSTEXN CLERK & RECORDER WELD CO, CO' DEED OP DISTRIBUTION BY PERSONAL REPRESENTATIVE THIS DEED Made by EDWIN C. PIRNIE, 1641 Elder Avenue, Greeley, Colorado 80631. as Personal Representative of the Estate of Gertrude May Pirnie, Deceased, Grantor, and WHEREAS, Gertrude May Pirnie died January 2, 1984, a resident of the City of Greeley, County of Weld. State of Colorado. leaving a Last Will and Testament dated March 17, 1983, and WHEREAS, Edwin C. Pirnie, husband of the decedent, was named as the Personal Representative of the decedent's estate under the terns and provisions of said Last Will and Testament, and WHEREAS, the Last Will and Testament of Gertrude May Pirnie vas admitted to informal probate on January 12, 1984 in the District Court in and for the County of Weld, State of Colorado, and WHEREAS, Edwin C. Pirnie, husband of the decedent, the Grantor herein, was duly appointed as the Personal Representative of said estate and Letters Testamentary were issued by the District Court in and for the County of Weld, State of Colorado, on January 12, 1984. as evidence of such appointment, qualification and authority, and WHEREAS, the Grantor herein is the present qualified Personal Representative of said estate, Probate No. 84 PR 12, District Court, County of Weld, State of Colorado, and acting in said capacity, and WHEREAS, the Grantees as hereinafter described are entitled to distribution of the hereinafter described real property under the terms and provisions of decedent's Last Will and Testament, and WHEREAS, the Grantor above named is authorized to distribute the same to the Grantees as hereinafter described, NOW THEREFORE, pursuant to the powers coaferrLi upon the Grantor by Title 15, Article 12. Section 711 of the Colorado Revised Statutes, 19]3, Edwin C. Pirnie as Personal Representative of the Estate of Gertrude May Pirnie, Deceased, as Grantor, conveys, assigns, transfers and releases to Glenna Kay Hamilton, 36244 Weld County Road 53, Eaton, B 1083 REC 02024337 09/10/85 16:25 $12.00 2/004 F 2154 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Colorado 80615, and Gay Meredith Brooks, 1926 -26th Street, Greeley, Colorado 8063I, as Testamentary Trustees of the Testamentary Trusts established under the terms and provisions of the Last Will and Testament of Gertrude May Pirnie dated March 17, 1983, as Grantees, covering the following described property located in Weld County, Colorado: An undivided one-half (I) interest in and to the following: 1. The S) of Section 14, the NE3 of Section 10 and the SEA of Section 3, all in Township 8 North, Range 62 West of the 6th P.H., Weld County, Colorado, subject to the following: (a) a reservation by Harry Waterman in and to an undivided one-half (31) interest of the oil, gas and mineral rights in the 51/2. Sec. 14, T.8 N., R. 62 W. of the 6th P.M., Weld County, Colorado by deed dated November 21, 1947, recorded November 21, 1947 in Book 1215 at page 418 under Reception No. 1018623 of the Weld County records; (b) a reservation by Henry W. Simcoe and Dorothy B. Simcoe, as joint tenants, in and to an undivided one-fourth (k) interest in and to all oil, gas and other minerals in and under and that may be produced from the NE1 of Section 10, T. 8 N., R. 62 W. of the 6th P.H., Weld County, Colorado, for and during the lifetime of the grantors and the survivor of them, and upon the death of the survivor of the grantors. the remainder of said 1/4th interest in the oil, gas and other minerals shall vest in the grantees or the survivor of them and the heirs and assigns of such survivor forever, by warranty deed dated November 6, 1961, recorded November 9, 1961 in Book 1599 at page 475 of the Weld County records; (c) a reservation by Hope A. Moody in and to an undivided one-half (5) of all oil, gas and other minerals owned by Hope A. Moody "just prior to the making of this conveyance" (being a reservation of an undivided one-fourth (3t) interest in and to the 54 of Section 14, T. 8 N., R. 62 W. of the 6th P.H., Weld County, Colorado; a reservation of an undivided 37'Z interest in and to the NE1s of Section 10, T. 8 N., R. 62 W. of the 6th P.M., Weld County, Colorado; and a reservation of an undivided one—half (D) interest in and to the SEA of Section 3, T. 8 N., R. 62 W. of the 6th P.M.) by warranty deed dated October 5, 1964, recorded October 7, 1964 in Book 525 under Reception No. 1446848 of the Weld County records 2 B 1083 REC 02024337 09/10/85 16:25 $12.00 3/004 F 2155 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO SEIt and the NE} of the SW14 of Section 1, Township 8 North, Range 62 West of the 6th P.M., Weld County, Colorado, subject to a reservation of an undivided one-half (i) of the mineral rights by deed dated February 7, 1973, recorded February 9, 1973 in Book 685 under Reception No. 1606977 of the Weld County records S'g of Section 15. Township 8 North. Range 62 West of the 6th P.M., Weld County, Colorado, subject to a reservation in and to an undivided one-half (1) interest of the oil, gas and mineral rights by Frank 11. White by warranty deed dated March 12, 1946, recorded March 19, 1946 in Book 1174 at page 319 under Reception No. 976028 of the Weld County records, and subject further Co a reservation of an undivided one-fourth (1t) of the mineral rights by deed dated February 7, 1973, recorded February 9, 1973 in Book 685 under Reception No. 1606977 of the Weld County records 2. VI of Section 2B, Township 8 North, Range 63 West of the 6th P.M., Weld County, Colorado, excepting therefrom a strip of land conveyed by deed recorded in Book 323 at page 378 of the Weld County records and excepting further a right of way conveyed to Weld County by deed recorded in Book 1041 at page 472 of the Weld County records, subject to a reservation unto Jennie V. Smith. G. R. Smith, Olive S. Wadlin and W. Proctor Smith, as tenants in common, of all of the oil, gas and other minerals which may be found in or underlying the above described premises by deed dated July 1, 1946, recorded July 26, 1946 in Book I184 at page 268 under Reception No. 985341 of the Weld County records 3. The 5WIt of Section 2, Township 8 North, Range 62 West of the 6th P.M., Weld County, Colorado, excepting and reserving unto Eugene W. Freeman, Eleanor Hutchinson, Norman Keith Freeman, Edward Neil Freeman and Ann Emrich, as tenants in common, an undivided one-fourth (1E) interest in and to all of the oil, gas and other minerals in and under and that may be produced from the above described property, by warranty deed dated August 31, 1976 in Book 776 under Reception No. 1697689 of the Weld County records, and further excepting an undivided one-half 01) interest in and to alI of the oil, gas and other minerals in and under. and that may be produced from the above described premises as granted by mineral deed dated July 14. 1951, recorded July 25, 1951 in Book 1307 at page 581 under Reception No. 1111236 of the Weld County records 3 B 1083 REC 02024337 09/10/85 16:25 $12.00 4/004 F 2156 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO and together with any and all easements and tights of way appertaining thereto or in anywise utilized in connection therewith. with all appurtenances, Subject, however, to the following: (1) 1985 real estate taxes due and payable in 1986; (2) Outstanding indebtedness due the Federal Land Bank of Wichita' in the original principal sum of $71,000.00, represented by promissory note secured by First Farm and Ranch Mortgage dated July 14. 1978. ,1 recorded July 19, 1978 in Book 839 under Reception No. 1760723 of the Weld County records, which the Grantees herein assume and agree to pay; (3) Any and all easements and rights of way appearing of record or as now existing on the premises; (4) Subject to any and all reservations or appearing of record affecting the above described riE.. Executed this .O day of September, 1985. O grants heretofore made premises. Edwin C. Pirnie. Personal Representative of the Estate of Gertrude May Picnic. Deceased STATE OF COLORADO ) ) SS. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this /e, day of September, 1985, by Edwin C. Pirnie, Personal Representative of the Estate of Gertrude May Pirnie, Deceased. - "'- C L. WITNESS My hand and official seal. My commission expires:42i 9,i#I7 4 Pubic • AR 95b035 B 1020 REC 01956035 02/14/84 09:23 J-$6.00 1/002 F 2121 MARY ANN FEUER$TEIN CLERK & RECORDER WELD CO, CO STATE OF COLORADO ) ) SS. COUNTY OF WELD - ) AFFIDAVIT Melvin Dinner, being first duly sworn upon oath, deposes and says: That he is of legal age and was acquainted with Gertrude H. Pirnie, elk/a Gertrude May Pirnie during her lifetime. That the said Gertrude M. Pirnie, elk/a Gertrude Hay Pirnie, who departed this life on January 2, 1984, referred to in the standard certificate of death attched hereto as Gertrude May Pirnie, was one and the same person as Gertrude H. Pirnie, who at the time of her death was the owner in joint tenancy with Edwin C. Pirnie of the following described property situate in the County of Weld, State of Colorado, to -wit: Lot 6 of the First Addition to Rainbow Acres, a subdivision of a part of the NIA of the SA of Section 10, Township 5 North, Range 65 West of the 6th P.H., Weld County, Colorado, and also being a part of Lots 3, 4 and 6, according to the subdivision of lands made by the Union Colony of Colorado of said NWh of the 803 of Section 10, Township 5 North, Range 65 West of the 6th P.H., Weld County, Colorado That the affiant herein has no record interest in and to the above described real estate or any part thereof. Further affiant sayeth not. Melvin Dinner Subscribed and sworn to before me this 10th day of February, 1984. WITNESS My hand and official seal. Ny commission expires: September 9, 1987 � "•?—co- , �'.f'Upt�G:'a Aa o ary Publi Address: 630 Greeley National Plaza Greeley, Colorado 80631 F 8 1020 AEC 0I956035 02/14/84 09:23 6.00 2/002 F 2122 MARY ANN FEUERSTEIN CLERK 4 RECORDER WELD CO, CO STATE OF COLORADO CERTIFICATE OF DEATH - -8N1 CCIMORSOVONCRI • OAT4 Col 41[0.1't?ArE Ria.ussR 1 Isa4 OfCEAkle-,...1 r., • ..en - LW GERTRUDE NAY - P1RN1E . ..Female IM. . G.rf 0. D“.........,•1... .. , 'January -2, 1984 molt...N.. •-- Whit*r•- dacIROA MUM - American- !,.GE- .•.t rte.. re..' 4b.:'a04,10, ,T ' wm[TTC.OE•n. .. Weld ₹ w 5 )..� . ,..1 �� ,. Sept.- 6. 19I8 CIr..TOrfrOREOCAT.0s Or OM:Oi e a Greeley - T•LO.Or.ul.n.rlmd[-r..nl_...._,I......,.w. 7.1 I.- North Co4oreda fi diceLCenter mimes car....... a Inpatient r4 41.0, VCTR11. • v,• I C, rlfl y O..,+.T UMW Iv gi Nebraska . USA IMMUIO.k out RI•..r/0. ?ewer*. 0..0.[f0-...•. 1.- Married " wlnq++.¢no.+l4 v............-... - I1 Edwin C Pirnie .CM rrclds, ew, r• VI .•MEOr00t11,...., '. No e Poa•turwlr.yuuICI I, 521 -SO -0123 VOIAL Ocou.•T.Ol.e.w.......w...11......w .- Teacher •..d ....$.AM0...MVPRT -. I.. Education .W.Mce-,TATF I ...'Colorado COu.TT II. Weld DIV. TO.. O. .ft.l•O. v. CIfET .R..[NFMI'L ^�freelay_ 80631 1.. 1641 Elder Avenue Iµ!VE drh . ` . n..-. 3ree. .TF 7Te..ru..f (41. .woo _ .0 OT.,l.-lAM - .w. .ww. ..rr Mu.l.• DAVID - - - McCullough 1. Chloe - - - Johnston � .0 v.TOMY[r.TEM1 ....'...r. l44[rrdwIn yCf. irnie H`sbend .n1,44.bb.kn...,.r ...1..e [Ir...r..... n..l I. Ln 1641 Elder Avenue. Greeley. Colorado 80631 rluvraa rk.0 ATIOW ar..ny� s.. v.l [I.rTMYO. r•(1 WGl0r.r104 C 0 Q r1.41.A1 CrO..q RWE.40+COMOOfruoF.AL.O.E •I..rr.tr.•. e.. -Co., ..1-. 0631 o .-c.7.1,e'75 5- ,,,Adamson Mortuary. 827 -5th St.. Greeley. Colorado 1 f• �F I TV ..x .w r.r e•r,.wn.eT .well ron,. . w C -,.....T 'Y ja.Ca.a.... r*..kw....ra.0a. IR+G.T.r.a•...-.b1..•0-...1•r.e.<vrl. •T 0,41 WI.rn.ke.w DM TO mv.T.MM1,tl. �.w......... = O.rI FpIO .....M. M..o.re /t9, COMO ....., .I. .. . OMMC1O DIM ...•p............p..............p.......p................ ... .. I. Rwl .AO earn Citv A Y.T4[ew. O. CO w.,. M.., .• Thomas R Liningier, NI 0.. X900 - 16th Street. Greer* tt Colorado 80631 .....•-.I a.nVAn� 1�To .p,.ryt� Ueputy +.. January 6. 1984 r Itillt 4.O.IT CM.n IF.+¢ 0.'1.".'y. k�} ! }u'.�r+/r•v w.lp.l[ GWT4 `w- �' I�WI [KM� TO. G..f.fO4 W.CF ,'''jjj r�� }[/� .,yam . (........fr..., , r Ai -._..•Yr.-LJ._ rI�lT pl..k. F'G..Ild..r Ep.yr..,.. 1.-.1.1.1.1..-r.ti ...�....... .. ........ . a .1 .. .Sr O.. ..I..FO . '7.:f � `Nn_ _ Pt 110 ' 41 I0Y�0F..l 1 C.Ul...oa. OF•• -�'•� aOIl1Mw10. rl PM.* I.r?nTIG.rch A. 4• maim.. 01 ..4-r •-.-a-.••. . K bEIC.I.F.V...w40. OM..." Ih4,. ir.V.. .-. h.• I •-.. ...-•-• Ih4•T-...... •.• kat.'"). ...1.114.• • 4.4 I...Y.r.. I•4I• 1 �.d..._ >_ 1,.•1T. i STATE OF COLORADO United States of America ,;Ish ;pheliser;i{y this document is a true and correct copy of the original. . Wiclase,i IA ny.euletody. Issued in Denver this 3lat day o a f January A.O. 1484, `� r us:the ' the 11.4.1 i y�/ !, I a o+4.� •., S ea�tl tvhe Kristin N. Paulson F.91R . af,1[}elth State Registrar of Vital Statistics •, e —___...",q,_,., - '.,_FEHALT0MOrr 'if any person alters, uses, attnpts to use, or furnishes to iadfllet'or.dec.ptive LIME soy vital statistics certificate. i11111111111111111 III 11111111111111111 III 11111111 IIII 3053735 04/1812003 12:t4P Weld County, CO 1 of 5 R 26.00 0 0.00 Steve Moreno Clerk I Recorder Due to today's scanning technology, certain colored inks do not reproduce. DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE THIS DEED made by Wells Fargo Bank, N.A., as Personal Representative of the Estate of Edwin C. Pimie, Deceased, Grantor, , and WHEREAS, Edwin C. Pimie died on November 20, 2001, a resident of Weld County, Colorado, leaving a Last Will and Testament dated July 26, 1995, and WHEREAS, Wells Fargo Bank, N.A., was named as the Personal Representative of decedent's estate under the terms and provisions of said Last Will and Testament, and WHEREAS, the Last Will and Testament of Edwin C. Pimie was admitted to informal probate on December 5, 2001 in the District Court in and for the County of Weld, State of Colorado, and WHEREAS, Wells Fargo Bank, N.A., the Grantor herein, was duly appointed as the Personal Representative of said estate, and Letters Testamentary were issued by the Weld County District Court on December 5, 2001 as evidence of such appointment or qualification and authority, and WHEREAS, Grantor is the present qualified Personal Representative of said estate, No. 01 PR 401, District Court, Weld County, Colorado, and WHEREAS, Grantees are entitled to distribution of the hereinafter described real property under the terms and provisions of decedent's Last Will and Testament, NOW THEREFORE, Wells Fargo Bank, N.A. as Personal Representative of the Estate of Edwin C. Pinkie, Deceased, as Grantor, conveys, assigns, transfers and releases to the following Grantees: An undivided one-half (1/2) interest therein to Gay Meredith Brooks, whose address is 1641 Elder Avenue, Greeley, CO 80631, and An undivided one-half (1/2) interest therein to Brian Lee Hamilton, whose address is 850 E. 3rd Street, Eaton, CO 80615, Christy Kay Negron, formerly Christy Kay Hamilton, whose address is 1335 S. Danube Way, Unit #103 Aurora, CO 80617, and Travis John Hamilton, whose address is 10123 Creekside Court, Lawrenceville, NJ 08648, as tenants in common, ImiiinIEmiinmiimniNimuiNiuiii2 of 5 ft 26.00 D 0.00 Sieve Moreno Clehc & Recorder iiiiiio the following real property situate in Weld County, Colorado: See Schedule "A" attached hereto and incorporated by reference herein with all its appurtenances, subject, however, to the following: (1) 2003 taxes due and payable in 2004. (2) (3) Rights of way or other easements as granted or reserved by instruments of record or as now existing on said premises, Any and all reservations, limitations, conditions, covenants and exceptions contained in instruments of record which in any way relate to or burden the above described premises. (4) That certain Crop Share Farm Lease dated April 20, 2001 between Edwin C. Pimie, individually and Gaylene Brooks, as Trustee of the Gertrude Mae Pimie Testamentary Trust, as Landlord, and Washburn Farms, as Tenant. Executed this 1'' day of , 2003. o Bank, Thomas E. Atkinson, Senior Trust rctr Personal Representative of the Estate of Edwin C. Pimie, Deceased By _ Evelyn K. Hansen, Trust Officer 11114111111111114114111111111111111111III 11111 IIII NI 3053735 04/1812003 12:14P Weld County, CO 3 of 5 R 26.00 D 0.00 Steve Moreno Clerk & Recorder STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this )144.-1 day of ncti , 2003, by Thomas E. Atkinson, Senior Trust Officer of Wells Fargo Bank, N.A., as ersonal Representative of the Estate of Edw' 4 . Pirnie, Deceased. WITNESS my hand and official My commission expires: f /_ „And/Lea cliate____ Notary Public STATE OF COLORADO ) ) ss. 6)‘y COUNTY OF b1,vr6/Q ) The foregoing instrument was acknowledged before me this /1'44_ day of / , 2003, by Eve /y„ X. Hans -94 , of We11S Fargo Bank, N.A., Personal Representative of the Estate of Edwin C. Pirnie, Deceased •',WI'"l' my hand and official seal. 4idr; o yap rizmiSsion expires: _ /,1 /1tooG : ' djo i a ia.4.aC Notary Public 1111111111111111111111111111111110101 111 111111111111I 3053735 04116/2003 12:14P Weld County, CO 4 of 5 R 26.00 0 0.00 Steve Moreno Clerk & Recorder SCHEDULE"A" Parcel I S %2 of Section 14, the NE' of Section 10, and the SE 1/4 of Section 3, all in Township 8 North, Range 62 West of the 6th P.M., Weld County, Colorado, subject to the following; (a) a reservation by Harry Waterman in and to an undivided one-half (112) interest of the oil, gas and mineral rights in the S'/z, Sec. 14, T.SN, R.62 W. of the 6th P.M., Weld County, Colorado by deed dated November 21, 1947, recorded November 21, 1947 in Book 1215 at page 418 under Reception No. 1018623 of the Weld County records; (b) a reservation by Henry W. Simcoe and Dorothy B. Simcoe, as joint tenants, in and to an undivided one-fourth (1/4) interest in and to all oil, gas and other minerals in and under and that may be produced from the NE' of Sec. 10, T.8N., R.62W. of the 6th P.M., Weld County, Colorado, for and during the lifetime of the grantors and the survivor of them, and upon the death of the survivor of the grantors, the remainder of said 1/4th interest in and to said oil, gas and other minerals shall vest in the grantees or the survivor of them and the heirs and assigns of such survivor forever, by warranty deed dated November 6, 1961, recorded November 9, 1961 in Book 1599 at page 475 of the Weld County records; (c) a reservation by Hope A. Moody in and to an undivided one-half (112) of all oil, gas and other minerals owned by Hope A. Moody' just prior to the making of this conveyance" (being a reservation of an undivided one-fourth (1/4) interest in and to the S 'l/ of See. 14, T.SN., R.62W. of the 6'h P.M., Weld. County, Colorado); a reservation of an undivided 37 1 /2% interest in and to the NE 1/4 of Sec. 10, T.8N., R.62W. of the 6th P.M., Weld County, Colorado; and a reservation of an undivided one-half (1/2) interest in and to the SE 1/4 of Sec. 3, T.8N., R.62W of the 6th P.M., by warranty deed dated October 5, 1964, recorded October 7, 1964 in Book 525 under Reception No. 1446848 of the Weld County records. Parcel II SE % and the NE 1/4 of the SW '/4 of Section 1, Township 8 North, Range 62 West of the 6"' P.M., Weld County, Colorado, subject to a reservation of an undivided one-half (1/2) of the mineral rights by deed dated February 7, 1973, recorded February 9, 1973 in Book 685 under Reception No. 1606977 of the Weld County records. IIA111IIMINIIIIVI1111 1111 Parcel In S 4 of Section 15, Township 8 North, Range 62 West of the 6th P.M., Weld County, Colorado, subject to a reservation in and to an undivided one-half (1/2) interest of the oil, gas and mineral rights by Frank M. White by warranty deed dated March 12, 1946, recorded March 19, 1946 in Book 1174 at page 319 under Reception No. 976028 of the Weld County records, and subject further to a reservation of an undivided one-fourth (1/4) of the mineral rights by deed dated February 7, 1973, recorded February 9, 1973 in Book 685 under Reception No. 1606977 of the Weld County records. Parcel lV E %2 of Section 28, Township 8 North, Range 63 West of the 6`h P.M., Weld County, Colorado, excepting therefrom a strip of land conveyed by deed recorded in Book 323 at page 378 of the Weld County records, and excepting further a right of way conveyed to Weld County by deed recorded in Book I041 at page 472 of the Weld County records, subject to a reservation unto Jennie V. Smith, G. R. Smith, Olive S. Wadlin and W. Proctor Smith, as tenants in common, of all of the oil, gas and other minerals which may be found in or underlying the above described premises by deed dated July 1, 1946, recorded July 26, 1946 in Book 1184 at page 268 under Reception No. 985341 of the Weld County records Parcel V SW 1/4 of Section 2, Township 8 North, Range 62 West of the 6th P.M., Weld County, Colorado, excepting and reserving unto Eugene W. Freeman, Eleanor Hutchinson, Norman Keith Freeman, Edward Neil Freeman and Ann Emrich, as tenants in common, an undivided one-fourth (1/4) interest in and to all of the oil, gas and other minerals in and under and that may be produced from the above described property, by warranty deed dated August 31, 1976 in Book 776 under Reception No. 1697689 of the Weld County records, and further excepting an undivided one-half (1/2) interest in and to all of the oil, gas and other minerals in and under, and that may be produced from the above described premises as granted by mineral deed dated July 14, 1951, recorded July 25, 1951 in Book 1307 at page 581 under Reception No. 1111236 of the Weld County records. Including all right, title and interest in and to the 1983 HUN Mobile Home, 56 feet x 14 feet, VIN No. 4734626877 396 1111111111111111111111111111111111 IIII1 III I11111I111111 3069396 06104/2003 04:12P Weld County, CO 1 of 2 R 11.00 D 57.50 Steve 14oeeno Clerk S Recorder WARRANTY DEED THIS DEED. Made this 2nd day of June , 2003, hetw• ay Meredith Brooks, Brian Lee Hamilton, Christy Kay Neuron and Travis John Hamilton and the Testamentary Trustees of the Testamentary Trusts at of the County of Weld and State of Colorado grantor. and DuaagchaI. Washburn whose legal address is 110 Oak Avenue, Eaton, CO 80615 of the County of Weld and State of Colorado • grantee: WITNESSETH. That the grantor, for and in consideration of the sum of FIVE HUNDRED SEVENTY FIVE THOUSAND AND NO/100 DOLLARS,($575,000.00 ), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain sell, convey and confine, unto the grantee, his heirs and assigns forever, all the real property together with improvements. if any, situate, lying and being in the County of Weld . and State of Colorado. described as follows. See Exhibit "A" attached hereto and incorporated herein, JCestablished under the terms and provisions of the Last Will and Testament of Gertrude May Pirnie dated March 17, 1983 9ue15LJ also known by street and number as # +Weld County Road 71, Briggsdale, CO 80611 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 the grantor. either in law or equity, of, in and to the above bargained premises. with the hereditements and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives. does covenant. grant, bargain anti agree to and with the grantee, his heirs and assigns. that at the time of the ensealing and delivery of these presents. he is well seized of the premises above conveyed, has good sure. perfect, absolute and indefeasible estate of inheritance. in law, in fee simple. and has good right, full power and lawful authority to grant, bargain, sell arid convey the sane in manner and form as aforesaid and that the same are free and clear from all former and other grants, bargains. sales, hens, taxes, assessments, encumbrances and restrictions of whatever kind ornanne coever, except for taxes far the current year, a lien but not yet due a rid payable, and those specific Exceptions described by reference to retarded documents as reflected in the Title Documents accepted by Buyer in accordance with section 8t [Title Review), of the contract dated March 28, 2003 , between the parties. The grantor shall and ail I WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable posses- sion of the grantee. his heirs and assigns. against all and every person or persons lawfully claiming the whale or any pan thereof. The singular number shall include the plural. the plural the singular. and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. Gay .eredith Brook Brian lee Hamilton STATE OF COLORADO COi3bTY OF WELD The foregoing ins Gay Mere Kay Negr My Contmissi Travis cttrt H rt tone Christy K Neg n the Testamentar rust a5tabli bed under th one the Last W l and an If Gert t�pl° yy terms a ov siYf`t ice -t ut+e - 19 3 as. l d before me this 2nd Gay des editb liun°e°ks, Trustee003 by or vie John Hamilton, Brian Lee Hamilton and Christy ith Brooks, as trustee of the Testamentary Trusts-y--tf 003 Witness my hand and uffrcial seal. tz Or Notary Public Kelly L. Belden :anent -waxaArrn DEED for Photsergshlr Record) i.ssimp al Ft• a t:0393taw'+ established under the Last Will and Testament of Gertrude May Pirnie dated March 17. 19S3 45254 Weld County Road 71 AND EXCEPT a right of 1041 at Page 472; The Southeast Quarter Section 1; The Southwest Quarter The Southeast Quarter of Section The Northeast Quarter of Section The South Half of Section 14 and all in Township 8 North, Range 62 County of Weld, State of Colorado 11111111111111111111111111II1111l11llIII111111111fill 3069396 06/01/2003 04:12p Weld County, CO 2 of 2 R 11.00 0 67.60 Steve Moreno Clerk 8 Recorder LEGAL DESCRIPTION OF DEED DATED June 2, 2003 The East Half of Section 28, Township 8 North, Range 63 West of the 6th P.M., EXCEPT a strip of land conveyed by deed recorded in Book 323 a; Page 378, way conveyed to Weld County by deed recorded in Book and the Northeast of Section Quarter of the Southwest Quarter of 2; 3; 10; the South Half of Section 15, west of the 6th P.M., Fi'e • liO?8316A03 3977994 Pages: 1 of 2 11/14/2013 10:09 AM R Fee:$16,00 Steve Moreno Clerk and Recorder, Weld County, CO 14 lid r�lr�tl�s 'I Ilik 1lIU co( ( e c-- T-AA1f sS. core 05104/2003 04:12 Weld Cavity, as -- of 2 R 11.00 D 57.50 Skofo limos Clerk alibeoeder WARRANTY DEED THIS DEW Made this 2nd say of easms y Meredith Brooke, Brian Lee Hamilton, Christy Nay Negron and Travis Joins Hamilton end the Testamentary Trustees of the Testamentary Truats.s of tOe County of Weld grow. est Duangchei Washburn June , 2003, seal 912. Of Colergdo whose kph admen iu 110 Oak Avenue, Dolton. CO 80615 of the county of weld aid Stale of Colorado .grams: WITNESSETH.Thetetegratuor.foresidinoxsiimatioadthesateof FIVE 10AebREp THOUSAND AND No/100 -DOLLARS. (3575, 000.00 ), the receipt cad eif(lcinicy of which is baby atlmvwkaesd, hie tramr4 bargafsad, sold sod wy.L rod by these pns®tr does great, tiepin, te4 many and =fees. ten tea BNpee- hh tea tad cairn hsewr. ill teal property together with I:wow:rears. if any. situate, lying and Icing in the County of Wald , mod gam of Colorado dacnhod s fohlows: See Exhibit 'A' attached hereto and incorporated herein. ?TVS . established under the terns and provisions of the Lest Wi41 and Testament of Gertrude Kay Pirnie dated March 11, 1983 o boim seby'seattesdmeanm Katie- Weld County Rood i9;, Br infidel , CO 80611 TOCETWER with sA and suaphi the Iwoditarasea wd sppa+enemer element beb pal or le nywiis appertething. sad the cayenne and asraaimm rider and rtembideea. real, Spew sad melba thoeo( sod ail the esta m tight title. teases. claim end demand wisesoever of the gamer. either et law a mislay. of, is and to sae above batpined peorises. with the install Wrests gad appurtenances. I TO HAVE AN!) TO HOLD me said marine those itemised and dsesibed. with OM uppwiasmo n, nsto the masse, his heirs end atsigIB thieve. And Site grantor. fur bittidf, his halts And penned repreemenivie, doe, covere &L gfnL bargain turd agree to and with the mean. his heirs sad salpa, Act a the time of the eases* rid delivery of tee pommel. he is well actual of Us prcrreaci more conveyed, bin good, are. pedal Mocker sad iadefrs■ible estate of leoeritaroe, a taw, hi fee simple, sod be good night, ettl power aid sswnJ estkeeity to mad. b.faR soli red corm UT am in nmar tie fates as'km:aid. and this the emsre are free and suit from all frewer aid oAer grew tenpins, +alp. 6f✓ak tam, aswUtrneno. e pcvnbrieCel aid i allot tai of wham= rind erMai t omer, emept for mete far the muftis mar. a Om but Tit yet dee and payable, and itemswift F.tapdsee degthed by mimeos is rrerideeff d..raysaer as ad'keled to the Tlale Dec[.reetta accepted by Buyer m sa*riases with myths Ea rntls Bedew' .1 Measured tuned March 28, 2003 , between Me parties The peota shall and will WARRANT AND PORMVCR DEPEND Me.6ove-nugtked prasrus it the quiet mad p.soelMspewee- lion or the came, b4 rem sod emirs. tweet[ ea sod way p tr trm:es lawfully "'the Moak ec my pm Metof. The uegnle number than Meetudc the plural the plural the siogtir, .d tee use of say seeder t be appiicabie to ill gudess. IN W ITN= WHEREOr, dx $saner br mewed decd ere roeacre set forth aiwa 'Qty C1 .t nth r i rr t Brno Travis Brian Le atnilton STAll0? COLORADO COUNTY OP WELD The foregoing Gay !te Kay Near My Comm: the Test terms a of Gert ea- ) g MS= rte dais 2nd Gay l!ier�ditls stn ke, 'Truatssa003 by vie John Maailton, Brian iLes Hamilton and Christy ith Brooke, as trustee of the Testamentary Trustee -0 wodeANiY D tar Msa„gWW Anal) taeu am , 4 established under the Last Will and Testament of Gertrude Nay Pirate dated March t0n3 003 winuae missal and oftlrki test 1'4y a -O d NotgryPublic Kelly L. Belele tl hYuge ii�s T 1 3 :ement tors [1O313isAu! 3977904 Pages: 2 of 2 11/14/2013 10:09 AM R Fee:$16.00 Steve Moreno. ClerK and Reco-der. ;fold County. CO Mill I IFJIIXIIWI :IIKLJAWITit iiJl*Alv 11111 • 45254 Weld county Road Y of Y m 11.Oi 0 57AY SireAkmrloOlark5Romwder LPL 31CAIPTI0l1 OP 1310 DaTID June 2, 2003 The East Half of Section 28. Township 8 North, Range 63 west EXCEPT a strip of lend conveyed by deed recorded in Hook 323 AND EXCEPT a right of way convoyed to Wald County by deed recc 1041 at Page 472; The Southeast Quarter and the Northeast Quarter of the Southr►s section 1; The Southwest Quarter of Section 2: The Southeast quarter of Section 3; The Northeast Quarter of Section 10; The South Half of Section 14 and the South Half of Section 15, all in Township S North, Range 62 West of the 6th P.N., County of Weld. State of Colorado 0 a the 6th P-14.. P eg. 378, ed in Book Quarter of Hello