HomeMy WebLinkAbout20182423.tiffCERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
Heritage Title Company, Inc. hereby certifies that it has made a careful search of its
records and finds the following conveyances affecting the real estate described herein
since August 30, 1972, and the most recent deed recorded prior to August 30, 1972.
LEGAL DESCRIPTION
Lot C of Weld County Recorded Exemption No. 1475-19-3 RE -3O78 recorded August 24, 2001 at
Reception No. 2877386, located in the S % of Section 19, Township 1 North, Range 64 West of
the 61" P.M., EXCEPT that portion in Decree Quieting Title recorded July 20, 2005 at Reception
No. 3304725 and Corrected August 23, 2005 at Reception No. 3315669 and Except that portion
in Amended Decree Quieting Title recorded January 19, 2006 at Reception No. 3355997, County
of Weld, State of Colorado.
CONVEYANCES (If none appear, so state):
Reception No. 945590
Book 1143 Page 363
Reception No. 1547540
1 Reception No. 1787994
Book 626
Book 866
Reception No. 2836426
Book
Reception No. 2839613
Book
Reception No. 2869704
Book
Reception No. 2869705
f Reception No. 2877386
Book
Book
Reception No. 3278202
Book
Reception No. 4271692
Reception No. 4275315
Book
Book
l
Reception No. 4276721
This certificate is made for the use and benefit of the Department of Planning Services
of Weld County, Colorado.
Book
This certificate is not to be construed as an Abstract of Title, Opinion of Title or a
Guarantee of Title and the liability of Heritage Title Company, Inc. is hereby limited
to the fees paid for this Certificate.
In Witness Whereof, Heritage Title Company, Inc., has caused this Certificate to be
signed by its proper officer this 25th day of January, 2018, at 7:00 am.
Order No. H0525473 Heritage Title Company, Inc.
By:
Authorized Signatory
1 2 '
lierntded ' AG - 8•C �-6f1143 000mu 000
R.woelnn Nv._..9,Ttv'e�9 ANN
5,0
1I
STATE OE' COLORADO,
- Comity of !veld, } 88.
C
• -year of our Lord 01111 1.111:1U11111 111110 ltuncholriad forty—four
Margaret M. ;;Hancock - ••
county of . ]Boulder
.uf the
first part,, and Etttel 0. Stevens and Garnet H. Steven!
]lade this , first • . day of ,November ; ;, in the
hetr:eCll
aid State of Colorado, of the
of the. - County of: Weld . - - _ 'slid State of Colorado, of the
second part:: •
WiTNESSETH, That.die said part y of the first part, for and•hi cottslderntlmi orate sum of
ren Dollars and other valuable considerations.
to the said party of the (Lost part ht hand paid by the said parties of ego second pall, the receipt whereof is
horely confessed and aclutuwlodaed, ha granted, bargained, sold told conveyed, and by those presents do ea
grant, bargain, soil, convey and confirm unto tho sold parties of the second port, not he mummy lit Leaman lint
in Joint tenancy, the survLvar of Lheln, their assigns and 1110 heirs and assigns of ouch survivor forever, all the
follotvAlg described lot or parcel ' of land, situate. lying and being in. the
Couuty of Vie14 anti State of Colorado, to.wtt:
- The South half (Si) of Section Nineteen (19) 'Lowntship One North (1N) Range
Sixty Four (64) West of the Sixth P. M., together with irrigation pump and
electric motor now installed at irrigation well on said land, -
TOGETHER with all and singular the he res1Rantenls and appurtenances thorannto helms lailg, or in swywISC
appertaining, and tho reversion and reversions, remainder and remainders, rents, lasucn unit profits thereof; and
all lho estate, right, title, Interest, claim mill demand whatsoever of the saki part y of the first tart. Other in
law or equity, of, hi ;dell to the ❑bmvu b>erg:],led promises, with the herc'Ill ulO0111 and appttrtanaac110.
TO HAVE AHD TO HOLD the said premises :hose bor;Aim:a and Ilexerlhedt wilt the appurtenances, unto thu
meld purlieu of the second part, tho 311rv1rur of then], their a::3(L'115, nud the heirs 111111 It0d Igoe of such 911 rvivur
forever. And the said party of the first part, fur her eel f, her fish r:Senlnra, unit adallulstraturs, do
es cuteaallt, Kraut, bargain Rad agree to and wan the. said parties of 110: secants part, the survivor of them,
their ussh ns and the heirs tend assigns of smelt survivor, that tiI the ]hue „r the ea:raltng uh;l rlellTerlag of Merle
presmtls,$ B i c1t seized um the Ircmlaoa above cuttveyei, as of l usual, tiara, perfect, ubsnbl:c and indefeasible
estate of Iltllcritanec, In Law, hi fee ample,. and Ito B goad right, full pDnver !Alit Iavrfat a11lhnrJty to gram, bar-
gain, sell and 00'11007 the smite 11t manner and form aforesaid, and tit st the s;llme an. ilex tllttt clear front all tr,rjner
Mill other grants, ba,r;;nlus, sales, liens, lamas. essessinen1:, 111111 incautbrallcoo of M1010001 kind 01' 111111100 500000.
and the above bargained premises in the quiet and peaceable possession lit the scut pa ribs of tho aocund part, alto
survivor of them, their assigns and the heirs and assigns of Spoil survivor, against all and every person ar persona
lawfully elahniug or to claim the whole or any part thereof, the said part y of the first part 8111(11 Mud will
WARRANT AND FOI[EV Eir, DEFEND. , .- . , ... _ • _ _ . ,-.... ...... .... ... .
,_ .
'. Ik_lrSkr� i 3 :l!n}R 1=f�4YY:.rh o Jii1 Jl (r1A Il t`lati� s: -� 1 ®l K.]r�� s
lw'!f ('.'.:tC •1��L:rfaL� j �''•� •
Did
IN WITNESS WHEREOF, alto stud part y of the first part lot S hereunto set her Neel
the day slid your first ahovo written.
Signed. Scaled and L)ellvered In the Preeettee of
Tito foregoing Instrument was acknowledged before ate tills
and seal
• (SEAL)
(SEAL)
second ....._ day
__pew/tuber 44 -Nor are! 34, FttLncook
Wittman Illy bond and Official Seal.
My Commission Expires May 5, 1946.
of
7 _
Notary Public,—
,
r-,
WARRANTY OEED—To Joint Tenants —Tribune, Greeley,
sb
,f.o lorada
CORN= COPY OF DEATH RECORD
ESTSL
neml i a 18 g7b
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CbLOIIADO DEPARTMENT OP tul*a.T19
Office of Ohm Loeal Replatrar of Vital Statistics
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itC� s..s•.L a•swOEM ,.f,..1AOt. Lm
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April 15, 1969
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married IL Garnet Culverwell
KIND 04 4001.111 oI INDUSTRY
no.
Farm and Trucking Business
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PUNr44 I1CTOR.Yi05ATuilr
S LICINII NO, 1DIITIAI- NDN►TU11 OAT? RfCIIYIO DT LOCAL 1.1.0111NT
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C0.0rrA00 CEPARTMIWI' OT HEALTH
AD RS MO (Rev. 2-a9-100)
COP ICO
Jsl Aprl1 71,1Qit4-
Two l• He RECORD Or DEATH IN
iii?NESe my RAND AND SEAL
TR 1 e 2.841, DAY Or __awl 1
rli
LOCAL RE4151RAR O/ VITAL TAT I- S▪ TIC5
RCOISTRATI ON DISTRICT NUMWCR 238
Greeley
• 19_69
a COLORADO
Ca
CV
HOOK 866
rinrxra,.seL,.F :�r�.v :,�..-r.:.r"A�+7r:s��..�w,..�: ,� ..'.y'_..,. +::5t;t4;r::... ,.��t�..r..n -w.7k'aLITA1i
add of
2.952 o'clock 2 01979
Pry !k- .trrfr24.,
it
Stab of Color** WHO Carrilv dirk & R000rdor
DEED OF DISTRIBUTION
0.0
es
THIS DEED is made by JOHN R. STEVENS, as Personal
Representative of the Estate of Garnet H. Stevens, deceased,
ON
cm Grantor, to JOHN R. STEVENS, ALICE J. JOHNSTON, JERROLD E.
r- STEVENS and JANICE NORRISH, Grantees.
07
r
`'1 WHEREAS, Garnet H. Stevens died intestate in Weld
County, Colorado, on February 16, 1978.
ne WHEREAS, Grantor was duly appointed Personal Repro-
sentative of said Estate by the District Court in and for the
co County of Weld, State of Colorado,. Probate No. P-14264, on April
3, 1978, and is now qualified and acting in said capacity; and
WHEREAS, Grantees are determined to be the persons
oN entitled to distribution of the hereinafter -described real property,
P, and Grantor is authorized and directed to distribute the same to
Grantees.
NOW, THEREFORE, pursuant to the powers conferred upon
Grantor by Article 12, Sections 711 and 907 of the Colorado
Probate Code, Grantor sells, conveys, assigns, transfers, and
releases to Grantees, John R. Stevens, Alice J. Johnston, Jerrold
E. Stevens and Janice Norrish, as tenants in common, to each an
undivided 1/4 interest, the following real property:
S-1/2 of Section 19,
TIN, R64W, 6th P.M.,
Weld County, // Colorado
Executed April / b , 1979.
4 p`s
as •P ¢r6sentata.ve of the
Estate of Garnet H. Stevens, Deceased
STATE OF COLORADO „y
}
CITY AND COUNTY OF DENVER
715241 Z. ersonale.
Re!
Cs,
The foregoing instrument was acknowledged before me
this /t7 day of April, 1979, by John R. Stevens, as Personal
Representative of the Estate of Garnet It, Stevens, Deceased.
Witness my hand and official seal.
My commission expires:0‘/,3
' t` L' i,
aut
•
cp
Agr
Notary ublic
1[ i1PicaidiWAiii.grir;ir @15' :'G3si.4!+.1 i tiG�,ti44V .ii7iav:-4 r:AtJ4AtSiiliitiiiS. ► kola rz r
. a.
Filed for riot 2036426 03/3012001 11;16A JR SUId TeukamOtO
1 a( R F4 20.00 0 7b.00 Weld CoUnlY 4fl H.
Reception No. Ity
RECORDER
DEPUTY.
WARRANTY DEED
THIS DEED, Rade on this day of Match 26, 2001
between JOHN R. STEVENS AND JANICE NOilkISII AND JERROLD E. STEVENS AND ALICE J. JOHNSTON
of the
LARRY
G
County of WELD and State of Colorado
.73% AND 1031• VV LAND CORPORATION AS TO 39.rilr
, the Crantorfs), and
whole legal eddreaa is : 1209 T%VIN PEAKS CIRCLE LDJ'IOMONT. COLORADO 80503
of the County of BOULDER end Stets of Colorado the Grantee(s):
LVITNESS, That the grantor(s), for and in consideration of the aura of ( $730.000.00 1
••• Seven Hundred Fifty Thousand end 001100 ••• DOLLARS
the receipt end sufficiency of which is hereby acknowledged, has granted, bargained, sots and conveyed, and by these
presents does grant, bargain, sell, convey and confirm unto the Grsntee(e), his heirs end assigns t , alt the
real property, together with irprovemente, if any, situate, lying and being in the County of
WELD and State of Colorado, described as follows:
SEE EXHIBIT `A' ATTACHED HERETO AND hMADEA PART HEREOF
:1) -A- (7:1
also known as street number , HUDSON. CO 80642
TOGETHER with all and singular end hereditaaents and appurtenances thereto belonging, or in anywise appertaining
end the ion and reversions, remainder and remainders, rents, issues end profits thereof; end ell the estate, right
title Interest, claim end demand whatsoever of the Srantorls), either in law or equity, of, In and to the above bargained
premises, with the hereditament, and appurtenences;
TO NAVE AND TO trout the said premises above bargained and described with appurtenances, unto the Grantsafe),
his heirs and assign, forever. The Grantar(ai, for himself, his heirs and personal representatives. does covenant, grant,
bargain, and agree to and with the Grantae(s), 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
*stet* of inheritance. in law, in Jr. siepte, and has good right, full paver and lawful authority to grant, bargain,
sail and convey the same in manner and farm as aforesaid, end that the seam are free and clear from all former and other
grants, bargain., sales, liens. taxes, essessmentts, encumbrances and restrictions of, whatever kind or nature server,
EXCEPT FOR THE GENERAL TAXES FOR THE YEAR 2001, AND SUBSEQUENT YEARS; AND SUSjECi' TO THOSE MATTERS
SET FORTH ON 'EXHIBIT B' ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN.
SEE ATTACHED EXHIBIT 8
The Grantors) shell and will WARRANT AND FOREVER DEFEND the above bargained prattles In the quiet end peaceable
possession of the Granteefs), his heirs and assigns, against ell end every person or person lawfully ciaimirg the whole
or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender
shell be applicable to all gender..
IN WTTMEss w1iEREOr the Grantorfs, has executed this deed on the date set forth ahem*.
•
_ '}! 4. SHEAT5
t_ ,
t
JANI
STAIR or Colorado
155.
County of ADAMS
The foregoing instrument mss acknowledged before ate on this day of Msnh2 2001
by JOHN R. STEVENS AND JANICE NORRISH AND JERROLD E. STEVENS AND ALICE T. JOH NSTON
ley commission expires
Witness my hand end official seal.
lT�(Li-Cr.t)
Notary Public
Rase and Rddiess of Person Creating Newly Created Legal Description ( 38-35-1D6.5, C.A.S.)
Escrow. ST211687 than Recorded Return to: LARtti h. fOILE5 as n^ 50.73" Any '93t
-
Titkelf fC211087 vv LAM COReORAIION AS 10 34.r7'.
129ifih POKS CIRCI
Fora Na. 932 Rev 4-94. iilIRANTY DEED (Photographic RecorLI,
EDNOMDIT. COLORADO 6050)
tau','.
mrum
EXHIBIT A
PARCEL Ii�(SALEJ
F
i
THE SOUTHF1/2 OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 64 WEST OF THE 6TIIP. M.,
COUNTY OF WELD, STATE OF COLORADO,
EXCEPT THAT PORTION AS CONVEYED BY DEED RECORDED SEPTEMBER 8. 2000 AT
RECEPTION NO. 2792409, WELD COUNTY RECORDS.
PARCEL IV (SALE)
TOGETHER WITH AN AccEss EASEMENT RECORDED SEPTEMBER 8, 2000 UNDER RECEPTION
NUMBER 2792488
I111111111111111111IIII II.I1111111111111III1111111111111
2836426 0313012001 11.16A JA 8akt T=ukamofo
2 of 4 A 20.00 76.00 Well County CO
FC2II08T
7.
l 111111 Il l I 11111111111111111111111111111111111111111111
2836429 0313012001 11:16A JA Sind Tsukemoio
3 of 4 fi 20.00 D 75.01) Weld County CO
EXHIBIT B Our Order No. FC211087-9
PARCEL I:
RIGHT OF WAY EASEMENT AS GRANTED FOR. SCHAFFER DITCH NO. 2 IN
INSTRUMENT RECORDED March 02, 1908, UNDER RECEPTION NO. 127094.
RIGHT OF WAY EASEMENT AS GRANTED FOR SCHAFFER. WASTE WATER DITCH IN
INSTRUMENT RECORDED December 19, 1912, UNDER RECEPTION NO, 183337.
RIGHT OF WAY EASEMENT AS GRANTED SCHAFFER WASTE WATER DITCH IN
INSTRUMENT RECORDED June I9, 1913. UNDER RECEPTION NO. 190318.
RIGHT OF WAY EASEMENT AS GRANTED FOR FRANK DITCH IN INSTRUMENT
RECORDED October 0I, 1964, UNDER RECEPTION NO. 205543.
RIGHT OF WAY EASEMENT AS GRANTED IRELAND RESERVOIR NO. 3 IN INSTRUMENT
RECORDED June 19, 1920, UNDER RECEPTION NO. 329884.
RIGHT OF WAY FOR COUNTY ROADS 30 FEET ON EITHER SIDE OF SECTION AND
TOWNSHIP LINES, AS ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS
FOR WELD COUNTY, RECORDED OCTOBER 14, 1889 IN BOOK 86 AT PAGE 273.
INTENTIONALLY DELETED.
RESERVATIONS MADE BY UNION PACIFIC RAILWAY CO, IN DEED RECORDED
October 10, 1897, 1N BOOK 153 AT PAGE 413, PROVIDING SUBSTANTIALLY AS
FOLLOWS: RESERVING UNTO SAID COMPANY AND ITS ASSIGNS ALL COAL THAT
MAY BE FOUND UNDERNEATH THE SURFACE OF LAND HEREIN DESCRIBED AND THE
EXCLUSIVE RIGHT TO PROSPECT AND MINE FOR SAME, ALSO SUCH RIGHT OF WAY
AND OTHER GROUNDS AS MAY APPEAR NECESSARY FOR PROPER WORKING OF ANY
COAL MINE THAT MAY BE DEVELOPED UPON SAID PREMISES AND FOR
TRANSPORTATION OF COAL FROM SAME.
RIGHT OF WAY EASEMENT AS GRANTED TO KOCH IIYDROCARBON COMPANY IN
INSTRUMENT RECORDED January 10, 1983, UNDER RECEPTION NO. 1913875 IN
BOOK 986.
INTENTIONALLY DELETED
OIL AND GAS LEASE RECORDED December 10, 1998 UNDER RECEPTION NO.
2659468 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN.
JUDGMENT IN FAVOR OF TIMOTHY GITTLEIN AND MICHAEL GITTLEIN AGAINST
LARRY FOILES IN THE AMOUNT OF PLUS COURT COSTS ENTERED ON May 23,
2000, TRANSCRIPT OF WHICH WAS RECORDED October 17, 2000, UNDER
RECEPTION NO. 2800796, CIVIL ACTION NO. 98 CV 1272, DISTRICT COURT IN
AND FOR THE COUNTY OF WELD.
I IIIIII11111I1 Ui1111111111111111111111111 O H! Ni! 1Ill
2836426 03/3012001 11:16A JA Sukl Tsukamoto
4 of 4 R 20.00 D 76.00 Weld Conoty Co
1;�1fr>at'E' a3 Our Order Nu. 1 C211087•9
PARCEL IV
DEED OF TRUST DATED October 23, 2000, FROM KAREN L ANDROVICH AND
VICTOR ANDROVICH TO THE PUBLIC TRUSTEE OF WELD COUNTY FOR THE USE OF
PREMIER MEMBERS FEDERAL CREDIT UNION TO SECURE THE SUM OF $25,000.00
RECORDED November 13, 2000, UNDER RECEPTION NO. 2806047.
DEED OF TRUST DATED September 01, 2000, FROM VICTOR ANDROVICH AND
KAREN L ANDROVICH TO THE PUBLIC TRUSTEE OF WELD COUNTY FOR THE USE OF
PREMIER MEMBERS FEDERAL CREDIT UNION TO SECURE THE SUM OF $140,000.00
RECORDED September 08, 2000, AT RECEPTION NO. 2792440.
STATE OF COLORADO
by La
•ir,e D.no.r
I IlIIII P111111111111111111I 111111111111111111111111III
2839613 0+1/1112001 01:67P JA Suki Tsukamato
1 of 1 H 5.00 D 0,00 Weld County CO
QUITCLAIM DEED
THIS DEED, dated APRIL 10, 2001
between LARRY B. FOILES as to an undivided 60.73% inter=st
and 1031 -VP LAND CORPORATION, as to an undivided 39.274
interest
of the *County of Boulder and State of
Colorado, amnions), and
LARRY B. FOILES, as to an undivided 60.73% interest
and 1031 -VW LAND CORPORATION, as to an undivided 39.2
interest
whose Iegal address is 1209 Twin Peaks Circle
Longmont, CO 80503
of the County of Boulder
and Stale of Colorado grantee(s),
WITNESS, that the grantor(s), for and in consideration of the sum of NO CONSIDERATION — TITLE PURPOSES
ONLY DOLLARS,
the receipt and sufficiency of which is hereby acknowledged, ha %re remised, released, sold and QUITCLAIMED, and by these
presents do remise, release, sell and QUITCLAIM unto the grantee(s), their heirs, successors and assigns forever, all
the right, title, interest, claim and demand which the grantors) he in and to the real propeny, together with improvements, if any,
situate, lying and being in the County of WELD and State of Colorado,
described as follows:
Southwest 1/4 of the South 1/2, Section 19, Township 1 North, Range 64 West of
the 6th P.N. County of Weld, State of Colorado
also known by street and number as:
assessor's schedule or parcel number:
TO HAVE AND TO HOLD the same, together with all and singular the apponenances and privileges thereunto belonging, or in anywise
thereunto appertaining. and all the estate, ri , title, interest and claim whatsoever of the grantor(s). either in law or equity, to the only
proper use, benefit and behoof of the eir heirs and assigns forever.
IN WITNESS WHEREOF. t togs) ve executed this deed on the date set forth above.
County of Boulder
The foregoing i 7 , yis was acknowledged before sue this 10TH day of April
and Lawrence M. Jensen, President of 1031 —VV Land Corporation
Witness my hand and official seal.
My commission expires: JANUARY 23 , 2 I s 5
.2001
Weir Pair
it e:s<tr.0 of w,.anCQ,a,y N.wr Crtomit..Y,i tbnown Uss-35-irn.5, C.Rs.r
No. 933. Rev. 9.94. QUITCLAIM DEED
n.dfool Arbni.hing, 1745 Wane Si.. Dawes, CO 311202 - t303) 297.2500 — wirw boatifunlpubliollifko.com -- 12 -CO
0.V
I111111 VIII 1111111l11111111IIIl lllllliIII1111111111111
2869704 07/30/2001 1O 83A JA $uk# Tsukamota
I of 2 f1 10.00 D 10.95 Weld County CO
Filed for record the day of
No.
,A.D. , at o'clock H.
Sy
RECORDER I
DEPUTY.
SPECIAL WARRANTY DEED
THIS DEED, Made on this day of
between
1031 - VV LAND CORPORATION
of the County of
and
RUTH M. POILES AS TO )4.60, INTEREST
whose Legal address is : VACANT LAND
of the County of WELD
and state of Colorado , Grantee(s),
and State of Colorado , of the Grantee(s):
WITNESS, That the Grantor, for and in consideration of the sun of ( 5l09,504.40 )
***One Hundred Nine Thousand Five Hundred Pour and 401100 *** DOLLARS
the receipt end sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these
presents does grant, bargain, sell, convey and confirm unto the Grantee(s), their heirs and assigns forever, all the
real property, together With improvements, if any, situate, lying and being in the County of
WELD end State of Colorado, described as follows:
OocumeninTyh,Fo �1{{
ale - , ..-l- � it
5
ti I'+ Ill
also known as street runner VACANT LAND
TOGETHER with all and singular and heredita®ents 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(s), either in law or equity, of, in and to the above bargained
premises, with the hereditalents and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s),
their heirs, successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant,
end agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and
peaceable possession of the Grantee(s), their heirs, successors and assigns, against all and every person or persons
claiming the whole or any part thereof, by, through or under the Grantor(s),
SUBJECT TO GENERAL TAXES FOR THE YEAR 2001; AND EASEMENTS, RESERVATIONS. RESTRICTIONS, COVENANTS AND
RIGHTS OP WAY OF RECORD. IF ANY; AND DISTRIBUTION UTILITY EASEMENTS; AND MATTERS NOT SHOWN BY THE PUBLIC
RECORDS BUT OF WHICH GRANTEE HAS ACTUAL KNOWLEDGE; AND INCLUSION OF THE PROPERTY WITHIN ANY SPECIAL
TAXING DISTRICT; AND THE BENEFITS AND BURDENS OF ANY DECLARATION AND PARTY WALL AGREEMENTS, IF ANY.
IN WITNESS WHEREOF the Grantor(s) have executed this deed on the date set forth above.
STATE OF Colorado
)as.
County of BOULDER
103) - VV LAND CORPORATION
AS:
The regot trunent was acknowledged before me an this i
by OF1031V V LN�CORPORATION, d5
My tonrniseion expires ' 4013; ;6
Witness my hand and official seal.
ame and Address of Person
Title#- ` I' L
w
Notary 'u -tic
wly Created Legal Description ( 3a-35-106.5, c.R.S.)
Ad(
rIM�1M1Yn/e�
When Recorded Return to: M. RUTH. FOILES
Form No, 16 Rev 4-94. SPECIAL WARRANTY DEED (Photographic SPEC.SA1)
VACANT LAND
I11111111111111011 I I I 111111 I I I 11111111 I I 11111111111111
2869704 07130/2001 10.53A JA Suki Tsukamata
2 al 2R 10.00 D 10.95 weld County CO
EXHIBIT A
PARCEL I:
39.27COUNTY OF WELD, STATE OF COLORADO INTEREST IN AND TO THE FOLLOWING:
THE SOUTH 1/2 OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 64 WEST OF THE 6TH P. M.,
COUNTY OF WELD, STATE OF COLORADO,
EXCEPT THAT PORTION AS CONVEYED BY DEED RECORDED SEPTEMBER 8, 2000 AT
RECEPTION NO. 2792489, WELD COUNTY RECORDS.
PARCEL II;
39.27COUNTY OF WELD, STATE OF COLORADO INTEREST IN AND TO THE FOLLOWING:
TOGETHER WITH AN ACCESS EASEMENT DESCRIBED AS FOLLOWS:
(ACCESS EASEMENT, DETAILING LOCATION DESCRIBED IN INSTRUMENT RECORDED
SEPTEMBER 8, 2000 AT RECEPTION NO. 2792488 AS SET FORTH ON SURVEY AND
DESCRIPTION RECORDED MAY 10, 2001 AT RECEPTION NO. 2847441)
THAT PART OF THE SE 1/4 OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 64 WEST OF THE
6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS;
BEGINNING AT THE SR CORNER OF SAID SECTION 19; THENCE N 00 DEGREES 100 47" E
ALONG THE EASTERLY LINE OF SAID SE 1/4 OF SECTION 19 A DISTANCE OF 30.00 FEET;
THENCE S 89 DEGREES 52' 23" W, PARALLEL WITH AND 30 FEET NORTHERLY OP THE
SOUTHERLY LINE O8 SAID SE 1/4 OF SECTION 19, A DISANCE OF 2116.87 FEET TO THE
TRUE POINT OF BEGINNING,
THENCE CONTINUING S 89 DEGREES 52' 23" W, PARALLEL WITH AND 3O FEET NORTHERLY
OF THE SOUTHERLY LINE OF SAID SE 1/4 OF SECTION 19 A ❑ISTANCE OF 68.63 FEET;
THENCE N 72 DEGREES 55' 48" E, A DISTANCE OF 180.93 FEET; THENCE N 36 DEGREES
530 00" E, A DISTANCE OF 81.72 FEET; THENCE N 09 DEGREES 17* 15" E, A DISTANCE
OF 369.06 FEET TO AN EXISTING PARCEL CORNER OF A PARCEL DESCRIBED IN
INSTRUMENT RECORDED SEPTEMBER 8, 2000 AT RECEPTION NO. 279248B; THENCE N O2
DEGREES 400 33" E, A DISTANCE OF 308.22 FEET; THENCE N 87 DEGREES 31' 09" E, A
DISTANCE OF 19.70 FEET; THENCE N 6O DEGREES 09' 55" E, A DISTANCE OF 00.46
FEET; THENCE S 02 DEGREES 40' 33" W, A DISTANCE OF 311.39 FEET; THENCE S 09
DEGREES 17' 15" W, A DISTANCE OF 375.13 FEET; THENCE S 36 DEGREES 53' 00" W, A
DISTANCE OF 93.14 FEET; THENCE $ 72 DEGREES 55' 48" W, A DISTANCE OF 121.79
FEET TO THE TRUE POINT OF BEGINNING.
FC211067.3
I111111111111111111II11IN111111lull!! III111111111IIII
2869700 0713012001 10.54A JA 8uk1 TsulmmoIo
1 of 1 R 5.00 D 0.00 Weld Cnunfy CO
tla5
QUITCLAIM DEED
THIS DEED, dated July ' , 2001
between LARRY B. FOILES
of the *County of Boulder and State o€
Colorado. grantor(s), and
THE CLYDE E. FOILES TRUST AND THE RUTH H. FOILES TRUST
whose legal address is
of the
County of Horgan and Stale of Colorado grantee(s).
WITNESS, that the grantor(s). for and in consideration of [he sum of
DOLLARS,
the receipt and sufficiency of which is hereby acknowledged, ha S remised, released, sold and QUITCLAIMED, and by these
presents do es remise, release, sell and QUITCLAIM unto the grantee(s), their /)(e{u, successors and assigns forever, all
the right, title, interest, claim and demand which the grantor(s) has in and to the real properly, together with improvements, if any,
situate, lying and being in the County of Weld and State of Colorado,
described as follows:
An undivided 60.732 interest in the South 1/2 of Section 19, Township 1 North,
Range 64 West of the 6th P.M., County of Weld, State of Colorado, EXCEPT that
portion as conveyed by deed recorded September 8, 2000 at Reception No. 2792489,
Weld County Records, TOGETHER WITH an access easement recorded September 8, 2000
under Reception No, 2792488, Weld County Records.
also known by street and number as:
assessor's schedule or parcel number.
TO HAVE AND TO HOLD she same, together with all and singular the appunenattces and privileges 'hereunto belonging, or In anywise
!hereunto appertaining, and all the estate, right, tide, interest and claim whatsoever of the grantot(s), either in law or equity, to the only
proper use, benefit and behoof !lithe grantee(s) his heirs and assigns forever,
IN WITNESS WHEREOF, [he grantor(s) has executed this deed on the date set forth above,
STATE OF COLORADO
County of Bor r" Qy9 Cv'
The foregoing instrument was acknowledged before MO' this
by Larry B. Polies
'IVA Omni. lawn Ylly
, Hudson, Colorado
day of July
Witness my hand and official seal.
' pQTgRi z % My commission expires: O,7 — o, ,,j 5
%:Noe L {ei r________1(2,012.4„Q
CV ecH—Oar�'
��H/JIIIryI�p
,2001
W.me .wt A4,ho, of 0u,a, CRAM' tic .lyCrawl LAO ow+ipaa t{3t.1.SUI.f. CRS)
No. 933. Rev, 4-94. QUITCLAIM DEED
Brad toed POE -thing. 1743 Maze St„ Denver, CO 80203 — (305J293.2500 w.wbndlwdpnblishin5.cord -- 12-n0
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202
i1z11111111111111111111111111111111111111111mm 11111111
378202 04118/2005 10:46A Weld County, Co
i of 2 R 11.00 D 0.00 Steve Morena Clerk & Recorder
PERSONAL REPRESENTATIVE'S DEED OF DISTRIBUTION
THIS DEED is made by INVESTORS INDEPENDENT TRUST
COMPANY as Personal Representative of the Estate of RUTH M. FOILES,
deceased, Grantor, to RUTH M. FOILES TRUST, Grantee, whose legal address
is 507 Canyon Boulevard, Boulder, CO 80302 of the County of Boulder, State
of Colorado.
WHEREAS, the decedent died on the date of December 1, 2004 and the Grantor was duly appointed Personal Representative
of the Estate by the District Court in and for the County of Morgan, and State of Colorado, Probate No. 05PR4, on the date of
Ianuary 10, 2005, and is now gratified and acting in said capacity,
NOW THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby
convey, assign, transfer and release unto Grantee as the entity entitled to distribution, the following described seal property situate
in the County of Weld, State of Colorado:
See Exhibit A (Legal Description), attached hereto and made a part hereof.
also known by street and number as: Vacant Land
With all appurtenances.
As used herein, the singular includes the plural and the plural the singular.
Executed: April 15, 2005 INVESTORS
INDEPENDE TRUST COMPANY 716-6,1:
STATE OF COLORADO
ss.
COUNTY OF BOULDER
Mark Iverson, CTFA
Vice President and Trust Officer
Personal Representative of the Estate of Ruth M. Foiles,
Deceased
The foregoing instrument was acknowledged before me this 15th day of April, 2005, by Mark Iverson, CTFA, Vice President
and Trust Officer of In estors Independent Trust Company, Personal Representative of the Estate of Ruth M. Foiles, Deceased,
lAllt Cots meaion Was S?i1(08
Name and Address of Person Creating Newly Created Legal Description (§ 38-35-106.5, C.R.S.)
to, 47. Rev. 9-41. PERSONAL REPRESENTATIVE'S DEED (Dbtribatioa) (Page 1 at iJ
111111 11111 IIRI nlll II11II 111111 IIIIIIII IIIIIIIv IIII
3278202 04/1812005 10:46A Weld County, CO
2 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder
EXHIBIT A
PARCEL It
39.27COUNTY OP WELD, STATE OF COLORADO INTEREST IN AND TO THE FOLLOWING,
THE SOUTH 1/2 OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 64 WEST OF THE 6TH P. K.,
COUNTY OF WELD, STATE OP COLORADO,
EXCEPT THAT PORTION AS CONVEYED BY DEED RECORDED SEPTEMBER 9, 2000 AT
RECEPTION NO. 2792489, WELD COUNTY RECORDS.
PARCEL Ixt
39.27COUNTY OF WELD, STATE OF COLORADO INTEREST IN AND TO THE FOLLOWING:
TOGETHER WITH AN -ACCESS EASEMENT DESCRIBED AS FOLLOWS:
(ACCESS EASEMENT, DETAILING LOCATION DESCRIBED IN INSTRUMENT RECORDED
SEPTEMBER 8, 2000 AT RECEPTION NO. 2792488 AS SET FORTH ON SURVEY AND
DESCRIPTION RECORDED MAY 10, 2001 AT RECEPTION NO. 2847441,)
THAT PART OF THE SE 1/4 OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 64 WEST OF TUE
6TH F.H., COUNTY OP WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SE CORNER OF SAID SECTION 19; THENCE N 00 DEGREES 10' 47" E
ALONG THE EASTERLY LINE OF SAID SE 1/4 OF SECTION 19 A DISTANCE OF 30.00 FEET,
THENCE 8 89 DEGREES 52' 23" N, PARALLEL, WITH AND 30 FEET NORTHERLY or THE
SOUTHERLY LINE OF SAID SE 1/4 OF SECTION 19, A DISANCE OF 2116.87 FEET TO THE
TRUE POINT OF BEGINNING)
THENCE CONTINUING S 89 DEGREES 52' 23W N, PARALLEL WITH AND 30 FEET NORTHERLY
OF TEX SOUTHERLY LINE OF SAID SE 1/4 OF SECTION 19 A DISTANCE OF 58.53 VE',EI
THENCE N 72 DEGREES 55' 48' X, A DISTANCE OF 180.93 FEET; THENCE N 36 DECREES
53' 00* 8, A DISTANCE OF 81.72 FEET; THENCE N 09 DEGREES 177 150 5, A DISTANCE
OF 359.06 FEET TO AN EXISTING PARCEL CORNER 08 A, PARCEL DESCRIBED IN
INSTRUMENT RECORDED SEPTEMBER 8, 2000 AT RECEPTION NO. 2792488; THENCE N 02
DEGREES 407 33" E, A DISTANCE OF 308.22 FEET; THENCE N 87 DEGREES 31' 090 E, A
DISTANCE OF 19.70 FEET) THENCE N 60 DEGREES 09' 55" E, A DISTANCE OF 00.45
PEST; THENCE S 02 'nom= 40' 33" W, A DISTANCE OF 311.39 PEET, THENCE S 09
DEGREES 17' 15" W, A DISTANCE OP 375.13 PEST, THENCE S 36 DEGREES 53' 00" N, A
DISTANCE 05 93.14 FM; THENCE $ 72 DEGREES 55' 48" W, A DISTANCE OF 121.79
FEET TO THE TRUE POINT OF BEGINNING.
4271692 01/20/2017 04:31 PM
Total Pages: 2 Rec Fee: $18.00
Carly Koppes - Clerk and Recorder, Weld County, CO
TRUSTEES' S' DEED
THIS TRUSTEES' DEED is made by the RUTH M. FOILS TRUST and the CLYDE M.
FO ES TRUST, whose address is 507 Canyon Boulevard, Boulder, Colorado 80302,
collectively, the "Grantors," to Larry B. Aides, whose address is 9001 West 10th Avenue,
Lakewood, Colorado 80215, the .Grantee".
WITNESS, that the Grantors, for no monetary consideration but as a deed of distribution, do
hereby sell, convey, assign, transfer and set over unto the Grantee, as the person entitled to
distribution of the property, all of the Grantor? right, title and interest in and to the real property
and improvements thereon situate in the County of Weld and State of Colorado, described as
follows:
The WI of Section 19, Township l North, Range 64 West of the 6Th P.M.,
together with an access easement recorded September 8, 2000, under Reception
No. 2792488,
(collectively, the "Real Property"), together with ail right, title, and interest of the Grantors in
and to any water, water rights, ditches, ditch rights, wells, well rights, well permits, reservoirs
and reservoir rights, and related rights and interests that are appurtenant to, or used on or in
connection with, the Real Property, whether tributary or nontributary, including particularly, but
not by way of limitation, all of the Grantor? right, title, and interest in (a) the Henrylyn.
Irrigation District; (b) the wells, water rights, and related permits identified by Colorado Division
of Water Resources Welt Permit #60848F and Well Permit #236708; and (c) nontributary water
rights as decreed under Weld County District Court (Water Division 1) Case No. 02CW215,
and further, with all other appurtenances thereunto belonging, subject to real property taxes and
assessments for the years 2016 and 2017, liens not yet due and payable, and subject to all matters
of rrord.
No Coax: ideration — Deed of Convenience
The remainder of this page is Ian ` r ann by intention.
424295'7.2
4271692 01/20/2017 04:31 PM
Page 2 of 2
IN WITNESS WHEREOF, the Grantors have executed this Trustees' Deed, effective the I
day o(.Ianuary 2017.
RUTH M. , OILES TRUST
By: Inv=estors Independent Trust Company, Trustee
STATE OF COLORADO
COUNTY OF BOULDER
hersonE, President
CLYDE M. MILES TRUST
By: Investors Independent 'Trust Company, Trustee
) ss.
)
Herbert I McPh
)
Fesidertt
Subscribed and acknowledged before me by Herbert J. McPherson, President of Investors
Independent Trust Company, Trustee of the Ruth M. Foiles Trust and the Clyde M. Foiles Trust,
this 7.CP" day of January 2(17.
M. ELIZABETH BRANDT'
NOTE PUBLIC
d'�
� �SEQN EXPIRES Qs10€i2gT
STATE OF COLORADO
NOTA
RY ID 20O04E15978
MY C
o
Q
Notary Public
My Commission Expires:
5 ip
2,02.0
4275315 02/02/2017 04:28 PM
Total Pages: 3 Rec Fee: $23.00 Doc Fee: $160.00
Carly Koppes - Clerk and Recorder, Weld County, CO
BARGAIN AND SALE DEED
THIS BARGAIN AND SALE DEED, dated / 3 &20t 2017, is
made by Larry B. Foiles, whose address is 9001 West 10th Avenue, Lakewood, Colorado 80215
("Grantor"), to Wolf Resources, LLC, a Colorado Limited liability company, whose address is
1800 Glenarm Place, Suite 701, Denver, Colorado 80202 ("Grantee"),
WITNESS, that Grantor, for and in consideration of the sum of Ten Dollars ($10.00), the
receipt and sufficiency of which is hereby acknowledged, hereby sells and conveys unto Grantee,
all of Grantor's right, title and interest in and to the real property located in the County of Weld,
State of Colorado, described as follows:
Lots A, B and C of Weld. County Recorded Exemption Number 1475-19-3 RE -
3078 recorded August 24, 2001 at Reception No. 2877386, located in the South 'A
of Section 19, Township 1 North, Range 64 West of the 6th P.M., EXCEPT that
portion in Decree Quieting Title recorded July 20, 2005 at Reception No.
3304725 and Corrected August 23, 2005 at Reception No. 3315669 and Except
that portion in Amended Decree Quieting Title recorded January 19, 2006 at
Reception No. 3355997; together with an access easement recorded September 8,
2000 at Reception No. 2792488, County of Weld, State of Colorado
(collectively, the "Real Property"),
TOGETHER with Grantor's right in the interests, easements, rights, benefits, improvements and
attached fixtures appurtenant thereto, if any,
TOGETHER with Grantor's right, if any, in all oil and mineral interests including all royalties
and lease payments related to the same, if any,
TOGETHER with all interest of Grantor, if any, in vacated streets and alleys adjacent thereto,
and
TOGETHER with any other water, water rights, ditches, ditch rights, wells, well rights, permits,
reservoirs and reservoir rights, and related rights and interests, to the extent the same exist and
then only to the extent owned by Grantor, if any, provided the same are appurtenant to, or used
on or in connection with, the Property, whether tributary or nontributary, including the:
(1) Surface Irrigation Water - I-Ienrylyn Irrigation District;
(2) Domestic Water - Permit #236708 and Permit 460848F;
1
4275315 02/02/2017 04:28 PM
Page 2 of 3
(3) Augmented Water - Weld County District Court (Water Division 1), Case
#02CW21S;
(4) Stevens Well No. 1: Permit No. 6203-F, located in the SW1/4 of the SW1/4 of
Section 19, Township 1 North, Range 64 West of the 6th P.M., Weld County,
Colorado, at a point 1,008 feet North and 587 feet East of the Southwest
Corner of said Section 19;
(5) Stevens Well No. 2: Permit No. 1429-R, located in the SW '/ of the SW 1/ of
Section 19, Township 1 North., Range 64 West of the 6th P.I., Weld County,
Colorado; and
(6) Stevens Well No. 3: Permit No. 1428-R, located in the SW1/4 of the SW1/4
of Section 19, Township 1 North, Range 64 West of the fith P.M., Weld
County, Colorado, at a point 479 feet forth and 371 feet East of the Southwest
Corner of said Section 19
(collectively, the "Additional Rights," and together with the Real Property collectively the
`Property").
GRANTOR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR
NATURE WHATSOEVER (INCLUDING WARRANTIES OF HABITABILITY AND
FITNESS FOR PARTICULAR PURPOSE), WHETHER EXPRESSED OR IMPLIED OR
OTHERWISE ARISING BY STATUTE, INCLUDING BUT NOT LIMITED TO
WARRANTIES WITH RESPECT TO THE PROPERTY, THE ZONING OF THE
PROPERTY, THE SOIL CONDITIONS OF THE PROPERTY, THE PRESENCE ON OR
BENEATH THE PROPERTY (OR ANY PARCEL IN PROXIMITY TO THE
PROPERTY) OF HAZARDOUS SUBSTANCES OR MATERIALS (INCLUDING
ASBESTOS), OR THE SUITABILITY OF THE PROPERTY FOR GRANTEE'S
INTENDED USE. BY ACCEPTING THIS DEED, GRANTEE FURTHER
ACKNOWLEDGES THAT GRANTEE IS PURCHASING THE PROPERTY "AS IS"
AND IN ITS PRESENT CONDITION AND THAT GRANTEE IS NOT RELYING UPON
ANY REPRESENTATION OF ANY KIND OR NATURE MADE BY GRANTOR OR BY
GRANTOR'S AGENTS WITH RESPECT TO THE PROPERTY, BY ACCEPTANCE OF
THIS DEED, GRANTEE ACI NOWLEDGES THAT GRANTEE'S OPPORTUNITY
FOR INSPECTION AND INVESTIGATION OF THE PROPERTY HAS BEEN
ADEQUATE TO ENABLE GRANTEE TO MAKE GRANTEE'S OWN
DETERMINATION WITH RESPECT TO THE PROPERTY.
2
4275315 02/02/2017 04:28 PM
Page 3 of 3
IN WITNESS WHEREOF, Grantor has executed. this Bargain and Sale Deed as of the
date first set forth above.
STATE OF COLORADO
) ss,
COUNTY OF Tret-02)
The foregoing instrument was acknowledged before me this day of
2017, by Larry B. Foiles,
WITNESS my hand and official seal.
My commission expires
VICKIE L OWEN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19974012423
NYCOWISSION EXPIRES JULY 31, 2017
3
4276721 02/08/2017 12:03 PM
Total Pages: 2 Rec Fee: $18.00
Carly Koppes - Clerk and Recorder, Weld County, CO
WARRANTY DEED
STATE OF COLORADO
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WELD
THAT for and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, WOLF
RESOURCES LLC (hereinafter referred to as "Grantor"), whose address is 621 17th Street, Suite 1601,
Denver, Colorado 80202, does hereby grant, bargain, sell, convey, transfer, assign, and deliver unto
VERDAD RESOURCES, LLC, a Delaware limited liability company (hereinafter referred to as
"Grantee"), whose address is 5950 Cedar Springs Road, Suite 200, Dallas, Texas 75235, its successors
and assigns, all right, title and interest in and to the lands described to wit:
Lots A, B and C of Weld County Recorded Exemption Number 1475-19-3 RE -3078 recorded
August 24, 2001 at Reception No. 2877386, located in the South %2 of Section 19, Township 1
North, Range 64 West of the 6th P.M., EXCEPT that portion in Decree Quieting Title recorded
July 20, 2005 at Reception No. 3304725 and Corrected August 23, 2005 at Reception No.
3315669 and Except that portion in Amended Decree Quieting Title recorded January 19, 2006
at Reception No. 3355997. County of Weld, State of Colorado.
together with an access easement recorded September 8, 2000, under Reception No. 2792488
Together with all right, title, and interest of Grantor in and to any water, water rights, ditches, ditch rights,
wells, well rights, well permits, reservoirs and reservoir rights, and related rights and interest that are
appurtenant to, or used on or in connection with, the property or land, whether tributary or nontributary,
including particularly, but not by way of limitation, all of Grantor's right title and interest in (a) the
Henrylyn Irrigation District; (b) the wells, water rights, and related permits identified by Colorado
Division of Water Resources Well Permit #60848F and Well Permit #236708; and (nontributary water
rights as decreed under Weld County District Court (Water Division 1) Case No. 02CW215, with an
access easement recorded September 8, 2O00 at Reception No. 2792488.
TO HAVE AND TO HOLD all of the oil, gas and other minerals in, under and that may be produced,
saved, sold and/or marketed from (together with all of the proceeds from the sales of production
attributable thereunto) the Subject Land, together with all and singular the rights and appurtenances
thereto in anywise belonging to Grantee, its successors and assigns, forever, and Grantor does hereby bind
herself, her respective heirs and assigns, to WARRANT AND FOREVER DEFEND all and singular
same unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to
claim the same or any part thereof.
[Acknowledgements on the following page]
DEED — Page 1 of 2 Pages
4276721 02/08/2017 12:03 PM
Page 2 of 2
IN WITNESS WHEREOF, this instrument is executed on the date stated in the acknowledgment below,
but shall be effective as of January 31, 2017, at 12:02 A.M., Weld County, Colorado time.
Kevin M. Conners, Manager
Date:
STATE OF COLORADO
COUNTY OF Kfiveir
BEFORE ME, the undersigned, a Notary Public, in and for said County and State, on this day of February 2017, personally
appeared Kevin M. Conners, Manger of Wolf Resources LLC, to me known to be the identical person(s) described in and who
executed the within and foregoing instrument of writing and acknowledged to me that they duly executed the same as free and
voluntary act and deed for the uses and purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day end year last above written.
LAURA NICOLE KYEONO WASSERM N
NOTARY PUBLIC • STATE OF COLORADO
My kienlirissiloo # 20154042213
Expires October27,2019
DEED — Page 2 of 2 Pages
Notary Pubiic in and for the State of Colorado
T25
1111I11INN %1%\\I 1 Weld County, 0
Sot 4 R 21.fl0 00 l 0.00 Steve Moreno Clerk & Recorder oDISTRICT COURT, WELD COUNTY
STATE OF COLORADO
901 9TH Avenue
Greeley, Colorado 80632
THE CLYDE E. FOILES TRUST AND THE RUTH M.
FOILES TRUST, AS SUCCESSORS IN INTEREST T
LARRY B. FOILES AND 1031 -VV
CORPORATION,
Plaintiffs,
v.
ALAN E. MAZZOTTI, MINTRA L. MAZ ZOTTI , AND I Case Number: IJ3CV 133
WEIMER FAMILY REVOCABLE FAMILY TRUST,
and
KAREN FANNING, DANIEL RUPPLE, DAVID Div: 1
RUPPLE, AND DEBBIE EHRLICH, AS HOLDERS 0
THE REMAINDER INTERESTS FROM THE WEIME
FAMILY REVOCABLE TRUST,
A COURT USE ONLY A
Defendants.
DECREE QUIETING TITLE IN DEFENDANTS WEIMER FAMILY REVOCABLE
TRUST, and KAREN FANNING, DANIEL RUFFLE, DAVID RUFFLE, AND
DEBBIE EHRLICH, AS HOLDERS OF THE REMAINDER INTERESTS FROM THE
WEIMER FAMILY REVOCABLE TRUST
THIS MATTER was tried on April 25 and 26, 2005. Based upon
the evidence presented at trial, the court has entered its
Findings, Conclusions and Order dated July 8, 2005, and now
enters this Decree Quieting Title in Defendants Weimer Family
Revocable Trust, and Karen Fanning, Daniel Rupple, David Rupple
and Debbie Ehrlich, as holders of the remainder interests from
the Weimer Family Revocable Trust, and against Plaintiffs Clyde
E. Foiles Trust and the Ruth M. Foiles Trust, as successors in
interest to Larry B. Foiles and 1031 -VV Land Corporation. The
Court finds:
Service under Rule 4 of the Colorado Rules of Civil
Procedure is proper upon all of the defendants in this action;
Page 1
1 III11 11111 ILII 111111 III 1111111111111111111 liii Ills
3304725 07/2012005 02:49P Weld County, CO
2 of 4 R 21.00 0 0.00 Steve Moreno Clerk & Recorder
DEFENDANTS WEIMER FAMILY REVOCABLE TRUST, as to the life
estate interest, and KAREN FANNING, DANIEL RUPPLE, DAVID RUPPLE
AND DEBBIE EHRLICH, as holders of the remainder interest from
the Weimer Family Revocable Trust, ("Weimer Defendants") and
their predecessors in title, have title to the West one-half of
the Northwest one -quarter, and the Northeast one quarter of
Section 19, Township 1 North, Range 64 West of the Gtr P.M.,
County of Weld, State of Colorado, together with all real
property north of the line described. in Exhibit A attached
hereto (the "Property"). The Weimer Defendants demonstrated
adverse possession of the real property north Gf the Exhibit "A"
line for a time in excess of the periods of the statutes of
limitation, as provided in Sections 38-41-101 and 38-41-112,
Colorado Revised Statutes, and demonstrated that Plaintiffs and
Plaintiffs' predecessors in interest had acquiesced in the
Exhibit "A" line as the property boundary for the period set
forth in C.R.S. Sections 38-44-109 et.seq;
PLAINTIFFS THE CLYDE E. FOILES TRUST AND THE RUTH M. FOILES
TRUST, AS SUCCESSORS IN INTEREST TO LARRY B. FOILES AND 1031 -VV
LAND CORPORATION,("Plaintiffs") and their predecessors in title,
have title to the South one-half of Section 19, Township 1
North, Range 64 West of the 6th P.M., County of Weld, State of
Colorado, less and except all real property north of the line
described in Exhibit "A" attached hereto (the "Property").
FURTHER, DEFENDANTS WEIMER FAMILY REVOCABLE TRUST, as to
the life estate interest, and KAREN FANNING, DANIEL RUPPLE,
DAVID RUPPLE AND DEBBIE EHRLICH, as holders of the remainder
interest from the Weimer Family Revocable Trust have a
prescriptive easement over and through the real property located
in said Section 19 that is titled in Plaintiffs and Defendants
Alan E. Mazzotti and Mintra L. Mazzotti. This prescriptive
easement includes the course of the lateral used to deliver
water to the Weimer Defendants, together with access for
maintenance, repair and operation of said lateral.
This is an action in rem affecting specific real property;
The Court has jurisdiction of all parties to this action
and of the subject matter thereof;
Page 2
111111111111 HIll 1111111 III 1111111 11111 III 1111 IIII fill
3304725 07/20/2005 02:49P Weld County, CO
3 of 4 R 21.00 O 0.00 Steve Moreno Clerk & Recorder
THEREFORE, IT IS ADJUDGED AND DECREED that fee simple title
in and to the Property be and the same hereby is quieted as set
forth herein, and that each of the Plaintiffs have no right,
title or interest in or to the real property north of the
Exhibit 'A" line or any part thereof, and that the Plaintiffs
are forever enjoined from asserting any claim, right, title or
interest in or to the real property north of the Exhibit "A"
line, or any part thereof, and further that the title of
Plaintiffs and Defendants Alan E. Mazzotti and Mintra L.
Mazzotti is subject to the prescriptive easement described
herein.
Signed July 20
, 2005.
BY THE COURT:
District Court Judge
This order was filed electronically pursuant to Rule 121, 51-26. The original signed order is in the cottrt'sfile.
Page 3
DESCRIPTION - WEIMER
A parcel of land located in the East One -Half Southwest One -Quarter (E 'h SWv"/) and the West
One -Half Southeast One -Quarter (W'/ SE '/a) of Section Nineteen (19), Township One (1) North,
Range Sixtyfour (64) West of the 6``' Principal Meridian, Weld County, Colorado, being more
particularly described as:
Considering the west line of the Southwest One -Quarter (SW'/) of said Sect.:n Nineteen (19) to
bear North 00416'37"East, and all bearings contained herein being relative ti.-.e:eto:
Beginning at the Center One -Quarter (C 'A) Corner of said Section Nineteen; thence, North
89-Q36'46"East, 303.35 feet along the north line of the West One -Half Southeast One -Quarter i_•W
'/ SE 'A) of said Section Nineteen (19) to a position of a fence corner that existed in August, 2001;
thence, South 24-Q34'10"V/est, 12.26 feet to a second fence corner that existc'c! in August, 2001;
thence, South 89433'03"West, 298.33 feet along the centerline of the fence t'.at existed in August,
2001 to a point on the west line of the West One -Half Southeast One -Quarter (W '/ SE '/) of said
Section Nineteen (19); thence, South $9433'03"West, 1317.76 feet along the centerline of the fence
that existed in August, 2001 to a point on the west line of the East One -Half Southwest One -
Quarter (E '/ SW '4) of said Section Nineteen (19); thence, North 00413'12'' East, 12.86 feet to
the Center -West One -Sixteenth (C -W 1/16) Corner; thence, North 89436'4f•"East,1317.77 feet to
the Center One -Quarter (C'/) Corner of said Section Nineteen and the Point of Beginning.
The above described parcel contains 19,401 square feet and/or 0.445 acres, ni.�re or less.
11011111111111111111111 lii 1111111 11111 III 11111 liii Ill!
3304725 07/2012005 02:49P Weld County, CO
4 of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder
EXHIBIT
1 pt
111111111111 IN 111111111 1111111111111111 11111 1111 1111
3315669 0812312005 10:59A Weld County, CO
669 I of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder
DISTRICT COURT, WELD COUNTY
STATE OF COLORADO
901 9TH Avenue
Greeley, Colorado 80632
THE CLYDE E. FOILES TRUST AND THE RUTH M.
FOILES TRUST, AS SUCCESSORS IN INTEREST T
LARRY B. FOILES AND 1031 -VV LAND,
CORPORATION,
Plaintiffs,
v.
ALAN E. MAZZOTTI, MINTRA L. MAZZOTTI, AND I Case Number: 03CV133
WEIMER FAMILY REVOCABLE FAMILY TRUST,
and
KAREN FANNING, DANIEL RUPPLE, DAVID Div: I
RUPPLE, AND DEBBIE EHRLICH, AS HOLDERS O
THE REMAINDER INTERESTS FROM THE WEIME
FAMILY REVOCABLE TRUST,
I I II i II ibwumruL
{{i 1ICILI ( emRIk 13isu•icI Cm ill I 9 ,II)
1'iliu:. I' iIr: lu 18 '10(13 5:391.1E 1II) F
I rlin II): u�_'l?I•
Pe.
A COURT USE ONLY A
Defendants.
CORRECTED DECREE QUIETING TITLE IN DEFENDANTS WEIMER FAMILY
REVOCABLE TRUST, and KAREN FANNING, DANIEL RUPPLE, DAVID RUPPLE,
AND DEBBIE EHRLICH, AS HOLDERS OF THE REMAINDER INTERESTS FROM
THE WEIMER FAMILY REVOCABLE TRUST
THIS MATTER was tried on April 25 and 26, 2005. Based upon
the evidence presented at trial, the court has entered its
Findings, Conclusions and Order dated July 8, 2005, and now
enters this Corrected Decree Quieting Title in Defendants Weimer
Family Revocable Trust, and Karen Fanning, Daniel Rupple, David
Rupple and Debbie Ehrlich, as holders of the remainder interests
from the Weimer Family Revocable Trust, and against Plaintiffs
Clyde E. Foiles Trust and the Ruth M. Foiles Trust, as
successors in interest to Larry B. Foiles and 1031 -VV Land
Corporation. The Court finds:
Service under Rule 4 of the Colorado Rules of Civil
Procedure is proper upon all of the defendants in this action;
Page 1
jII{ 111111(11111I1111111111111111111111111111111111
33156159
9 08/2312005 10:59A Weld County, CO
33156
2 of 4 R 21.00 D 0.00 Steve Morena Clerk & Recorder
DEFENDANTS WEIMER FAMILY REVOCABLE TRUST, as to the life
estate interest, and KAREN FANNING, DANIEL RUPPLE, DAVID RUPPLE
AND DEBBIE EHRLICH, as holders of the remainder interest from
the Weimer Family Revocable Trust, ("Weimer Defendants") and
their predecessors in title, have title to the East one-half of
the Northwest one -quarter, and the Northeast one quarter of
Section 19, Township 1 North, Range 64 West of the 6th P.M.,
County of Weld, State of Colorado, together with all real
property north of the line described in Exhibit A attached
hereto (the "Property"). The Weimer Defendants demonstrated
adverse possession of the real property north of the Exhibit "A"
line for a time in excess of the periods of the statutes of
limitation, as provided in Sections 38-41-101 and 38-41-112,
Colorado Revised Statutes, and demonstrated that Plaintiffs and
Plaintiffs' predecessors in interest had acquiesced in the
Exhibit "A" line as the property boundary for the period set
forth in C.R.S. Sections 38-44-109 et.seq;
PLAINTIFFS THE CLYDE E. FOILES TRUST AND THE RUTH M. FOILES
TRUST, AS SUCCESSORS IN INTEREST TO LARRY B. FOILES AND 1031 -VV
LAND CORPORATION,("Plaintiffs") and their predecessors in title,
have title to the South one-half of Section 19, Township 1
North, Range 64 West of the 6th P.M., County of Weld, State of
Colorado, less and except all real property north of the line
described in Exhibit "A" attached hereto (the "Property").
FURTHER, DEFENDANTS WEIMER FAMILY REVOCABLE TRUST, as to
the life estate interest, and KAREN FANNING, DANIEL RUPPLE,
DAVID RUPPLE AND DEBBIE EHRLICH, as holders of the remainder
interest from the Weimer Family Revocable Trust have a
prescriptive easement over and through the real property located
in said Section 19 that is titled in Plaintiffs and Defendants
Alan E. Mazzotti and Mintra L. Mazzotti. This prescriptive
easement includes the course of the lateral used to deliver
water to the Weimer Defendants, together with access for
maintenance, repair and operation of said lateral.
This is an action in rem affecting specific real property;
The Court has jurisdiction of all parties to this action
and of the subject matter thereof;
Page 2
11111111111111111111111111111111111111111111111 llli lilt
3315669 08/23/2005 10:59A Weld County, CD
3 of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder
THEREFORE, IT IS ADJUDGED AND DECREED that fee simple title
in and to the Property be and the same hereby is quieted as set
forth herein, and that each of the Plaintiffs have no right,
title or interest in or to the real property north of the
Exhibit "A" line or any part thereof, and that the Plaintiffs
are forever enjoined from asserting any claim, right, title or
interest in or to the real property north of the Exhibit "A"
line, or any part thereof, and further that the title of
Plaintiffs and Defendants Alan E. Mazzotti and Mintra L.
Mazzotti is subject to the prescriptive easement described
herein.
NOTE: This Corrected Quiet Title Decree is entered and recorded
to correct the Decree Quieting Title in Defendants Weimer Family
Revocable Trust, and Karen Fanning, Daniel Rupple, David Rupple,
and Debbie Ehrlich, as Holders of the Remainder Interests from
the Weimer Family Revocable Trust, entered by the court on July
20, 2005, and recorded in the records of the Weld County Clerk
and Recorder's Office on that date at reception number 3304725.
The only correction in this corrected decree is to change the
description on the fourth line, page 2, from "West one-half of
the Northwest one -quarter" to the correct description of "East
one-half of the Northwest one -quarter."
Signed August 18 , 2005.
BY THE COURT:
"-s
RoderK,tein
District Court Judge
This order was filed electronically pursuant to Rule 121, § 1-26. The original signed order is in the court's file.
Page 3
11111111111 111I111111 1111 3111 lit 11111111111
3315669 08/2312005 10:59A Weld County, CO
4 of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder
DESCRIPTION - WEIME
A parcel of land located in the East One-Ifalf Southwest One -Quarter (E 'h SW 4) and the West
One -Hail Southeast One -Quarter (W 1 SE 'A) of Section Nineteen (19), Township One (1) North,
Range Sixthfour (64) West of the 6th Principal A•{eridian, Weld County, Colorado, being more
particularly described as:
Considering the west line of the Southwest One -Quarter (SW 1,-4) of said Sect:^it 7ineteert (19) to
bear North 00-v16'37"East, and all bearings. contained herein being relative c ::ereco:
Beginning at the Center One -Quarter (C A). Cotner of said Section Nineteen; thence, North
89'v36'46"East, 303.35 feet along the north.line of the West One -Half Sour'r_e.tst One -Quarter (W
1 SE '/4) of said Section Nineteen (19) to a position of a fence corner that existed in August, 2001;
thence, South 2434'10"West, 12.26 feet to a second fence corner that exir.l e.l in August, 20.1;
thence, South 89 c 3'03"West, 298.33 feet along the centerline of the fence ...hat existed in August,
2001 to a point on the west line of the West One -Half Southeast One-Quarr,:r (W1,1 SE '/a) of said
Section Nineteen (19); thence, South 59'33'03"West, 1317.76 feet along the centerline of the fence
that existed in August, 2001 to a point on the wen line of the Ease Ose-Half Southwest One -
Quarter (E ',z SW t) of said Section Nineteen (19); thence, North 00-ci13'I2.' East, 1.2.86 feet to
the Center -West One -Sixteenth (GW 1/16) Comer; thence, North 89 V36'4< -"East, 1317.77 feer. to
the Center One -Quarter (C 'A) Corner of said Section Nineteen and the Point of Beginning,
The above described parcel contains 19,401 square feet and/or 0.445 acres, m re or less.
EXHIENT
'ay`.:. r.�. �°'rr��yti T�.'-. iXY •'.'£cam._
11111111111111111111111I11I 11111111 11111111
111111111111 41119120116 12:21P Weld County, CO
997 397
1 of 4 R 21.00 0 4.00 Steve Moreno Clerk & Recorder
DISTRICT COURT, WELD COUNTY
STATE OF COLORADO
901 9th Avenue
Greeley, Colorado 80631
Plaintiff:
THE CLYDE E. FOILES TRUST AND
THE RUTH M. FOILES TRUST, AS SUCCESSORS
IN INTEREST TO LARRY B. FOILES AND 1031 -
VV LAND CORPORATION
v.
Defendants:
ALAN E. MAZZOTTI, MINTRA L. MAZZOTTI
AND WEIMER FAMILY REVOCABLE FAMILY
TRUST
And
KAREN FANNING, DANIEL RUPPLE, DAVID
RUPPLE AND DEBBIE EHRLICH, as holders of
the remainder interests from the Weimer Family
Revocable Trust
Attorney for Defendants
Ben Klein, #17566
1775 Sherman Street, Suite 1345
Denver, Colorado 80203
Phone: 303-839-1234
Fax: 303-839-1880
Email: ben@benklein.com
COURTS USE ONLY
Case No: 03 -CV -133
Division: I
AMENDED DECREE QUIETING TITLE IN DEFENDANTS ALAN E.
MAZZOTTI AND MINTRA L. MAZZOTTI
I11101O11111011111111111111111111111IIIIIIIIIIIIIII
3355997 0111912006 12:21P Weld County, CO
2 of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder
THIS MATTER was tried on April 25-26, 2005. Based upon the evidence presented at trial
the Court has entered its findings, conclusions and order dated July 8, 2005 and now enters
this Decree quieting title to certain real property in Defendants Alan E. Mazzotti and Mintra
L. Mazzotti and finds this is an action in rem affecting specific real property. The Court has
jurisdiction of all parties to this action and of the subject matter thereof.
THEREFORE IT IS ORDERED, ADJUDGED AND DECREED that fee simple title in
and to the property described in attached Exhibit A and designated as Description-Mazzotti
prepared by Ken Alles, surveyor, which is incorporated herein as if fully set forth and made
a part hereof is quieted in fee simple title in the name of Alan E. Mazzoni and Mintra L.
Ma77otti and that each of the Plaintiffs have no right, title or interest in or to the real
property as set forth in Exhibit A, or any part thereof, and that the Plaintiffs are forever
enjoined from asserting any claim, right title or interest in or to the real property described
in Exhibit A, or any part thereof and that the title of the Defendants Alan E. Mazzotti and
Mintra L. Masotti is subject to the prescriptive easement described herein.
IT IS FURTHER ORDERED by this Honorable Court that Defendants Weimer Family
Revocable Trust, as to the life estate interest, and Karen Fanning, Daniel Rupple, David
Rupple and Debbie Ehrlich, as holders of the remainder interest from the Weimer Family
Revocable Trust have a prescriptive easement over and through the real property located in
said Section 19 that is titled in Plaintiffs and Defendants Alan E. Mazzotti and Mintra L.
Ma77otti. This prescriptive easement includes the course of the lateral used to deliver water
to the Weimer Defendants, together with access for maintenance, repair and operation of
said lateral.
THE COURT FURTHER FINDS that as to the property in said Section 19, title to the
Plaintiffs and more specifically with regard to the lateral, the Court decrees that Alan E.
Ma77otti and Mintra L. Mazzotti boundary line with Plaintiffs property is two feet from the
center of the lateral and further decrees as to said lateral that Alan E. Mazzotti and Mintra L.
Mazzoni have a prescriptive easement as to said lateral which borders the Mazzoni property
to inspect, operate, maintain and repair said ditch.
DATED: November 14, 2005
BY THE COURT:
2
1 111111 11th 11111 1l1II 11111 till IIIL M11111111 U
3355997 01/18/2006 12:21P Weld County, CO
3 of 4 R 21.00 D 0.00 Sieve Morena Clerk & Recorder
)-‘_ (1 42;,4_,,-,
Ro'er lein
District Court Judge
This order was filed electronically pursuant to Jule 121, § 1-26. The original signed order is in the courts file.
3
X303+926+O&53 3/ 3
111111 1111111111 111111 11111 IIIIII 11111 III 11111 IIII III!
3355997 01/1912006 12:21P Weld County, CO
4 of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder
DESCRIPTION-- MAZZOTII
A parcel of lanrd located in the West One -Half Southwest One -Quarter (W 1/2 SW 1/+) of Section
Nineteen (19), Township One (1) North, Range Sixty.f our (64) West of the 66`Principal Meridian,
Weld County, Colorado, being more particularly described as;
Considering the west line of the Southwest One -Quarter (SW 1/) of said Section Nineteen (19) to
bear North 00-016'37"East, and all bearings contained herein being relative thereto:
Beginning at the West One -Quarter (W1) Corner of said Section Nineteen; thence, North
89-036'46"East, 1283.99 feet the Center -West One -Sixteenth (GW 1/16) Corner of said Section
Nineteen (19); thence, South 00'013'12"West, 12.86 feet to a point in a fence line that existed in
August, 2001; thence, South 89'033'03"West, 242.79 feet to the end of the fence that existed in
August, 2001; thence, North 00'015'25"East, 9.14 feet to a point approximately two (2) feet north
of the centerline of an existing irrigation ditch; thence, South 89-020'11" West, 1041.28 feet to a
point on the west line of the West One -Half Southwest One -Quarter (W 1 SW 1//) of said Section
Nineteen (19); thence, North 00-016'37"East, 9.00 feet West One -Quarter (W 1,) Corner of said
Section Nineteen and the Point of Beginning.
The above described parcel contains 9,910 square feet and/or 0.228 acres, more or less.
Memorandum of Lease Agreement
Parcel # 147519300014
THE STATE OF COLORADO )
COUNTY OF WELD )
This Memorandum of Lease Agreement ("Memorandum") is executed on the date or
dates set forth below, to evidence for recording purposes the execution of a certain
lease Agreement, the relevant terms of which are set forth below:
Name and Address of Lessor:
Verdad Resources LLC.
5950 Cedar Springs Rd.
OFC 200
Dallas, TX 75235-6805
Name and Address of Lessee:
Cureton Front Range LLC. a Delaware Limited Liability Company
1550 Larimer Street, Suite 266
Denver, CO 80202
1. By Facilities Agreement effective C' Lt.r 1- , 2017
(the "Agreement"), Lessor granted unto Cureton Front Range, LLC., its
successors and assigns, a Lease of the property owned by Lessor in Weld
County, Colorado, containing 5.66 (five point six six) acres, more or less, and
more particularly depicted on Exhibit "A" attached hereto and made a part hereof,
(referred to as "Surface Site") and located all or in part of:
Township 1 North, Range 64West, 6th P.M.
Section 19: A portion in Lots A, B and C of Weld County Recorded
Exemption Number 1475 -19 -3 -RE -3078 recorded August 24, 2001 at Reception No.
2877386, located in the South 1/2 of Section 19, Township 1 North, Range 64 West,
6th P.M.EXCEPT that portion in Decree Quieting Title recorded July 20, 2005 at
Reception No. 3304725 and Corrected August 23, 2005 at Reception No. 3315669
and Except that portion in Amended Decree Quieting Title recorded January 19,
2006 at Reception No. 3355997, County of Weld, State of Colorado more
Page 1 of 4
particularly described on Exhibit A, attached hereto and made a part hereof (the
"Property").
Weld County, Colorado
2. The Lease grants unto Cureton Front Range LLC, use of the Surface Site, the
surface easements referred to therein and any subsurface easement(s) needed
to operate a gathering system and central production facility under and upon the
surface of and through the lands shown on Exhibit "A:. The use of the Surface
Site shall be for the purposes of constructing, erecting, installing, inspecting,
maintaining and operating certain facilities, pipelines, equipment, structures,
and/or other improvements for the production, storage, transportation, marketing
of hydrocarbons and products produced therewith and/or all rights and benefits
necessary or convenient for the full enjoyment and use of the rights granted
therein, including, but not limited to, metering, liquid removal, amine treatment
facilities, hydrocarbon storage facilities, sheds and other structures necessary to
enclose such facilities, replacing, repairing, compressor stations and/or gas
purifying, dehydrating, treating and cleaning plants, together with any machinery,
engines, pumps, appliances, facilities, meters, pipes, regulators, fittings, gate
valves, blow off valves, gate boxes, boilers, stills, heaters, drips, cooling towers,
signs, markings, and any other structures as may be necessary, convenient, or
desirable to Cureton Front Range LLC in its operations it is now engaged or may
hereafter be engaged.
3. Lessor and Cureton Front Range LLC incorporate by reference in this
Memorandum all the terms, covenants and conditions contained in the
Agreement. Reference is hereby made to the Agreement for a complete
statement of the rights, privileges and obligations created under and by the
Agreement and the terms, covenants and conditions contained therein, which
complete Agreement may be obtained from Cureton Front Range LLC at the
address indicated below.
4. Lessor and Cureton Front Range LLC, for themselves and their respective heirs,
successors or assigns, agree to observe, conform to and comply with such
terms, covenants and conditions on the part of each of them to be observed and
performed under the Agreement.
5. Both Lessor and Cureton Front Range LLC intend and agree that the Agreement,
and all the terms and conditions of the Agreement are covenants running with the
land.
6. Lessor and Cureton Front Range LLC hereby ratify in all respects the Agreement
and all other provisions contained in the Agreement as of the effective date of the
Agreement.
Page 2 of 4
7. This Memorandum is executed in simplified short form for the convenience of
Lessor and Cureton Front Range LLC and for the purpose of recording the same
to place every person on notice of the existence of the Agreement. This
Memorandum will not have the effect of modifying supplementing or abridging
the Agreement or any of its provisions. In the event of a conflict between the
terms of the Agreement and the terms of this Memorandum, the terms of the
Agreement will govern and control. The full Lease Agreement may be obtained
from Cureton Front Range LLC at the following address:
Cureton Front Range LLC. a Delaware Limited Liability Company
1550 Larimer Street, Suite 266
Denver, CO 80202
IN WITNESS WHEREOF, Lessor and Cureton Front Range LLC have executed this
Memorandum on the respective dates as set forth in the acknowledgments below.
LESSOR:
-t- (—
Phillip Davis, Vice President
CURTON FRONT RANGE LLC
By: Daniel Seaver
Its: Managing Partner
Page 3 of 4
ACKNOWLEDGMENTS
THE STATE OF (tJ §
COUNTY OF
(ti 1
T e fore oing instrument was acknowledged before me on this day of
,
7 .., b-fi' , 2017, by Phillip Davis, Vice President of Verdad Resources
L C, known to be the person described in and who executed the foregoing instrument,
and who acknowledged to me that they executed the same.
JEFFREY ALLEN BERGHOR1N
NOTARY PUBLIC - STATE OF COLORADO
Notary Identification A0154017265
My Commission Expires 4/3012019
THE STATE OF COLORADO §
COUNTY OF §
T i instrument was acknowledged before me on this / day of
thaw -pi, 2017, by Daniel Seaver, as Managing Partner, of Cureton Front
ante LLC, aelaware Limited Liability Company, and being authorized to do so, on
behalf of said company.
Notary Public in. anp for
The State of d
MY COMM SSION EXPIRES:
3e) 0/
Notary Public in and for
The State of Colorado
CHRISTINE MARIE SMITH
Notary Public
State of Colorado
Notary ID a 20174016589
My Commission Expires 04-17.2021
MY COMMISSION EXPIRES:
Page 4 of 4
SURFACE LEASE
This SURFACE LEASE dated as of December))-, 2017 (the "Lease"), is by and
between Verdad Resources LLC., (the "Lessor"), and Cureton Front Range LLC, a
Delaware Limited Liability Company ("Lessee").
RECITALS
A. Lessor owns approximately one hundred sixty (160) acres in Lots A, B and
C of Weld County Recorded Exemption Number 1475 -19 -3 -RE -3078 recorded August
24, 2001 at Reception No. 2877386, located in the South 1/2 of Section 19, Township 1
North, Range 64 West, 6t" P.M.EXCEPT that portion in Decree Quieting Title recorded
July 20, 2005 at Reception No. 3304725 and Corrected August 23, 2005 at Reception
No. 3315669 and Except that portion in Amended Decree Quieting Title recorded
January 19, 2006 at Reception No. 3355997, County of Weld, State of Colorado more
particularly described on Exhibit A, attached hereto and made a part hereof (the
"Property").
B. Lessor desires to lease to Lessee, and Lessee desires to lease from
Lessor, the Property on the terms and conditions set forth herein.
AGREEMENT
Section 1.Lease of Property. In consideration of the rents and
covenants to be paid and performed by Lessee and upon the terms and
conditions of this Lease, Lessor hereby leases to Lessee and Lessee hereby
leases from Lessor, the Property for operations and activities relating to oil
and gas development and processing ("Facility") (See Exhibit A).
Section 2.Term. The term ("Term") of this Lease shall commence on
the date first set forth above, (the "Commencement Date") and shall continue
in full force and effect for five (5) years, unless terminated earlier under
Section 24
Section 3.Rent. Lessee covenants and agrees to pay Lessor to lease
the Property, in lawful money of the United States, without offset, deduction or
demand fixed rent (the "Base Rent") as follows:
(a) In the amount of $ $12,000.00 for the first year payable within thirty (30)
days after the Commencement Date;
(ii) In the amount of $12,000.00 per year commencing with the beginning of
the second year of the Lease. Thereafter, on or before each anniversary of the
Commencement Date during the Term, Lessee shall pay Lessor the Base Rent;
Page 1 of 13
Section 4. Lease Term Renewal. After the Term, if Lessee desires to
continue to lease the Property, Lessee may renew the Lease for an additional
five year term ("Renewal Term"), with up to ten lease renewals (total of 50
years). Commencing upon the start of the Renewal Term, and on each
Renewal Term, the Base Rent shall be increased not more than Twenty -Five
25% percent. This escalation of Base Rent shall occur each five years after
the Term at the start of each Renewal Term. It is incumbent upon Lessor to
contact Lessee of such escalation.
Section 5.Use of Property. Lessee's use of the Property shall be
limited to the planning, construction, operation, maintenance, repair and
replacement of the Facility and all related activities, in compliance with
applicable laws. Lessee agrees to obtain all required permits and approvals
for the Facility at its sole costs and expenses. Lessor agrees to grant utility
easements to third party electricity providers which may be necessary for
operation of the Facility; and if such easements are located on lands owned
by Lessor outside of the Property, such easements shall be granted at
additional compensation to Lessor and in locations approved by Lessor.
Lessor will grant Lessee adequate access to the facility as needed to
construct and operate the facility.
Section 6.Real and Personal Property Taxes/Utilities.
(a) Lessee agrees to be liable for paying all taxes associated with the
Property throughout the Term of this Lease.
(b) Lessee shall pay directly to the provider of such utilities the cost of all
electrical, gas, water, sewer, telephone and other utilities serving the Facility.
Section 7.Construction of Improvements; Title to Improvements.
(a) Construction. Subject to the provisions of this Lease, Lessee may (i)
construct on the Property buildings, structures, roads and other improvements
("Improvements") reasonably necessary for the Facility; (ii) make such additions,
alterations, changes, and improvements in and to any Improvements now or hereafter
on the Property as Lessee may deem necessary or desirable for operation of the
Facility; and (iii) remove, and demolish any Improvements now or hereafter constructed
and erected on the Property by Lessee. Lessee may construct or relocate existing
roads and driveways on the Property only with the prior written approval of Lessor, not
to be unreasonably withheld. Lessee may construct fencing around the perimeter of the
Property as Lessee may deem necessary or appropriate to secure or enclose the same
and take other security precautions if it is determined by Lessee, in its sole discretion,
that such fencing and/or security measures will reduce such risks of damage, death or
injury without unduly burdening Lessor's use of the Property or adjacent property Lessor
holds any interest to. The expense for any and all Improvements authorized herein to be
constructed by Lessee, or other security measures taken by Lessee, shall be borne
solely by Lessee.
Page 2 of 13
(b) Work. All work desired to be done by Lessee on the Property shall be
done at the sole cost and expense of Lessee, shall be performed in a good and
workmanlike manner, free of mechanics' and materialmen's liens.
(c) Title to Improvements. All Improvements placed or erected upon the
Property by Lessee, and all personal property situated therein shall, during the term of
this Lease and any extension or renewal hereof, shall vest exclusively in Lessee, and
Lessee shall have the right at Lessee's sole discretion to remove prior to the expiration
or termination of the Term any such Improvements. Upon the termination of this Lease
for any reason, whether by expiration of the Term or otherwise, the title to the portion of
any Improvements then situated on the Property and not yet removed by Lessee,
including roads, gravel, road base, buildings, concrete foundations, ponds and buried
pipelines abandoned in place, shall, at Lessor's option within its sole discretion forthwith
vest in and be the sole property of the Lessor, free of any right, title, interest, claim, or
demand of the Lessee, or of anyone claiming through or under Lessee, provided,
however, that Lessee shall have the right, by written notice delivered to Lessor prior to
the date of such termination or expiration, to reserve title in and to any tanks,
separators, dehydration units and other oilfield equipment and appurtenances on the
Property, which Improvements Lessee shall remove in any event prior to termination or
expiration of the Lease. If Lessee fails to remove any such Improvements by the end
of the Lease Term, Lessee shall give Lessor written notice at least 60 days before end
of the Lease Term of its intention to leave such Improvements. Title to such
Improvements shall forthwith vest in and be the sole. property of the Lessor, free of any
right, title, interest, claim, or demand of the Lessee, or of anyone claiming through or
under Lessee. In the event Lessor chooses not to accept title to any Improvements
abandoned on the Property by Lessee as described above, Lessee shall, prior to the
end of the Lease Term or Renewal Terms upon written notice from Lessor specifying
the Improvements to be removed, remove all such specified Improvements and return
the Property as near as reasonably possible to the condition it was in on the date of this
Agreement, including, without limitation, the grading and successful reseeding of the
Property, provided that Lessee shall be not be obligated to remove footers and
foundations in the ground beyond an 18 inch depth, nor shall Lessee be required to
remove buried pipelines Lessee shall have a limited license to access the Property to
accomplish the foregoing, as necessary
(d) Mechanic's Liens. Lessee shall keep the Property and the Improvements,
at all times during the Term and Renewal Term free of mechanics and materialmen's
liens and other liens of like nature arising out of Lessee's actions, and at all times shall
fully protect and indemnify Lessor against all such liens or claims and against all
attorneys' fees and other costs and expenses growing out of or incurred by reason or on
account of any such liens or claims.
(e) Further Assurances. Upon the expiration of the Term or Renewal Term,
Lessee shall execute and deliver to Lessor such instruments as Lessor shall reasonably
request to transfer the Improvements to Lessor and to confirm Lessor's ownership
thereof.
Page 3 of 13
(f) Condition of Property. Lessee shall accept the condition of the Property
on the Commencement Date. Lessor has no obligations or responsibilities for the
maintenance or upkeep of the Property, except to pay all taxes and assessments owed
on the Property, which accrued prior to the Commencement Date.
Section 8. Environmental Matters.
(a) Compliance with Laws. Lessee shall and shall cause its agents,
employees, contractors and invitees to use the Property and conduct any operations on
the Property in compliance with all applicable Environmental Laws.
(b) Normal Use. No Hazardous Substances shall be generated, treated,
stored or disposed of, or otherwise deposited in or located on the Property other than
the normal use of Hazardous Substances typically used by businesses engaged in the
types of activities authorized by this Lease so long as such use is in full compliance with
all applicable Environmental Laws.
(c) Noise Reduction: Lessee shall implement and use the best methods to
soundproof and reduce the noise from the compressors located and operating upon the
Property to the standards of Weld County.
(d) Indemnification. Lessee hereby agrees to indemnify, defend and hold
harmless Lessor and its successors or assigns from and against any and all suits,
actions, claims, damages, fines, penalties or losses to which any of them may be
directly arising out of Lessee's failure to comply with the provisions of this Section 8.
(e) Lessee shall protect, indemnify, and hold harmless Lessor, and any
subsequent owner of the Property from any Environmental Claims relating to the
Property thereunder that arise solely out of Lessee's operations located on the Property;
provided, however, Lessee will not protect, indemnify, and hold harmless Lessor, and
any subsequent owner of the Property from any Environmental Claim arising out of a
pre-existing condition which existed on the Property at the time Lessee executed this
Agreement.
(f) "Environmental Claims" shall mean all Claims asserted by governmental
bodies or other third parties for pollution or environmental damage of any kind, arising
from operations on or ownership of the Property or ownership of the oil and gas
leasehold interest, whichever is applicable, and all cleanup and remediation costs, fines
and penalties associated therewith, including, but not limited to, any Claims arising from
Environmental Laws. Environmental Claims shall not include the costs of any
remediation undertaken voluntarily by any Party, unless such remediation is performed
under the imminent threat of a Claim by a governmental body or other third party.
(g) "Claim" shall mean any and all losses, claims, damages, judgments, fines
or liabilities, including reasonable legal fees or other expenses incurred in investigating
or defending against such losses, claims, damages, judgments, fines or liabilities, and
any amounts expended in settlement of any claims.
Page 4 of 13
(h) "Environmental Laws" shall mean any laws, regulations, rules, ordinances,
or order (whether currently existing or hereafter adopted) of any federal, state or local
governmental authority(ies), which relate to or otherwise impose liability, obligation, or
standards with respect to pollution or the protection of the environment, including, but
not limited to, the Comprehensive Environmental Response, Compensation and Liability
Act of 1980, as amended (42 U.S.C. § 9601, et seq.), the Resource Conservation and
Recovery Act of 1976 (42 U.S.C. §§ 6901, et seq.), the Clean Water Act (33 U.S.C. §§
466, et seq.), the Safe Drinking Water Act (14 U.S.C. § 1401, et seq.), the Hazardous
Material Transportation Act (49 U.S.C. §§ 1801, et seq.), the Clean Air Act (42 U.S.C. §
7401, et seq.), and the Toxic Substances Control Act (15 U.S.C. § 2601, et seq.).
(i) Lessor states that to the best of their knowledge there is no material latent
condition or defect on the Property that would subject Lessee to an Environmental
Claim.
(j) Survival. The obligations of Lessee set forth in this Section 8 shall survive
the Term, Renewal Term or earlier termination of this Lease or the exercise by Lessor
of any of its remedies hereunder.
Section 9.Insurance. Lessee shall, during the entire Term and
Renewal Term, keep in full force and effect, solely at Lessee's cost and
expense, all of the applicable insurance coverages set forth below:
(a) A policy of commercial general liability insurance with respect to the
Property and the activities of Lessee thereon, for which the limits of general liability shall
be in the initial amount of Two Million Dollars ($2,000,000.00) combined single limit.
(b) Statutory worker's compensation insurance and employer's liability
insurance.
(c) Coverage for all risks of physical loss or damage insuring the full
replacement value of all Improvements and all fixtures and equipment located upon or
used in the operation of such Improvements.
Section 10. Casualty. If the Facility or Improvements, if any, or
any portion thereof, shall be damaged or destroyed by fire, casualty or the
elements, this Lease shall continue in full force and effect, without any
abatement of or reduction in the Base Rent payable hereunder.
Section 11. Condemnation. In the event that all or a part of the
Property is taken by eminent domain or conveyed in lieu of eminent domain, if
the Property cannot reasonably be used by Lessee for their intended purpose
(a "Total Taking"), then this Lease will terminate effective as of the date that
the condemning authority shall take possession of the same. In the event of
a taking which does not prevent Lessee from using the Property for their
intended purposes (a "Partial Taking"), this Lease shall not terminate but shall
continue in full force and effect without modification to Base Rent or other
obligations hereunder. In the event of either a Total Taking or a Partial
Page 5 of 13
Taking, Lessor shall be entitled to retain all portions of any condemnation
award except to the extent expressly allocated to the value of the
Improvements or Lessee's leasehold estate, and Lessee shall be free to seek
such separate condemnation award for Lessee's interest in the Improvements
or leasehold estate as Lessee deems to be appropriate.
Section 12. Assignment and Subletting. This Lease shall be
assignable, in whole or in part, by either party. Such assignment shall be
expressly subject to all terms and conditions of this Lease, and the
assumption by assignee of all obligations under this Lease.
Section 13. Quiet Enjoyment.
(a) Lessee, upon paying the Base Rent and all other sums and charges to be
paid by it under this Lease, and observing and keeping all covenants, warranties,
agreements, and conditions of this Lease on its part to be kept, shall quietly have and
enjoy the Property during the term, without hindrance or molestation by anyone claiming
through or under Lessor, subject to all liens, encumbrances, easements, restrictions
and other matters of title as of the date hereof (the "Permitted Exceptions").
(b) Lessor represents and warrants to Lessee that it has fee simple title to the
Property, free and clear of all liens, encumbrances, easements, restrictions and any
other matters or defects other than the Permitted Exceptions, and the power and
authority to execute and deliver this Lease and to carry out and perform all covenants to
be performed by it hereunder.
Section 14. Defaults.
(a) The following events (each an "Event of Default") shall constitute defaults
on the part of the Lessee with respect to its obligations hereunder:
(1) The failure to pay any amount due hereunder when the same shall
become due, and the continuance of such failure for a period of thirty (30) days after
written notice of such default has been given by Lessor to Lessee.
(2) The failure to observe or perform any of the other material
covenant, agreement, or obligation herein contained on the part of Lessee to be
observed and performed, and the continuance of such failure for a period of thirty (30)
days after written notice thereof has been given by Lessor to Lessee or, if such failure,
because of its nature, cannot be cured completely within thirty (30) days, the failure to
commence the correction of such failure within such thirty (30) days or the failure to
diligently prosecute the correction of such failure.
(3) The filing or execution or occurrence of: (i) a petition in bankruptcy
by or against Lessee; (ii) a petition or answer seeking a reorganization, arrangement,
composition, readjustment, liquidation, dissolution or other relief of the same or different
kind under any provision of the Federal Bankruptcy Code or any state bankruptcy or
insolvency law; (iii) adjudication of Lessee as a bankrupt or insolvent; (iv) an
Page 6 of 13
assignment by Lessee for the benefit of creditors whether by trust, mortgage, or
otherwise; (v) a petition or other proceeding by or against Lessee for, or the
appointment of, a trustee, receiver, guardian, conservator or liquidator of Lessee with
respect to all or substantially all its property; or (vi) a petition or other proceeding by or
against Lessee for its dissolution or liquidation, or the taking of possession of the
property of Lessee by any governmental authority in connection with dissolution or
liquidation.
(4) The complaint or violation issued by the Colorado Oil and Gas
Conservation Commission ("Commission") that has not been corrected to satisfy the
Commission.
(b) Upon the occurrence or existence of an Event of Default, Lessor may at
any time thereafter while such Event of Default continues:
(1) Subject to compliance with Section 14(b)(6), below, give a written
termination notice to Lessee, and upon the date specified in such notice, the Term of
this Lease shall expire and terminate, and all rights of Lessee under this Lease shall
cease without the necessity of reentry or any other act on Lessor's part. No act by or on
behalf of Lessor, such as entry of the Property by Lessor to perform maintenance and
repairs and efforts to relet the Property, other than giving Lessee written notice of
termination, shall terminate this Lease. Upon any termination of this Lease, Lessee
shall quit and surrender to Lessor the Property in accordance with this Lease. If this
Lease is terminated, Lessee shall be and remain liable to Lessor for damages as
hereinafter provided and Lessor shall be entitled to recover forthwith from Lessee as
damages an amount equal to the total of: (i) all costs, fees and expenses incurred by
Lessor (including reasonable attorney's fees) in regaining possession of the Property;
plus (ii) any and all amounts payable hereunder by Lessee as of the date on which
Lessor regains possession of the Property; plus (iii) all other amounts necessary to
compensate Lessor fully for all damage caused by Lessee's default, subject to any duty
of Lessor under applicable law to mitigate (which sum is referred to herein as the
"Default Rent").
(2) Subject to compliance with Section 14(b) (6), below, with notice,
enter upon and repossess the Property or any part thereof, and repossess the same as
of Lessor's former estate and expel Lessee and those claiming through or under
Lessee, and remove the effects of any and all such persons, by force, summary
proceedings, ejectment or otherwise, without being deemed guilty of any manner of
trespass and without prejudice to Lessor's rights to recover Default Rent and damages.
Lessor shall be under no liability for or by reason of any such entry, repossession or
removal. If Lessor elects to reenter as provided herein, or if Lessor takes possession
pursuant to legal proceedings or pursuant to any notice provided for by law, Lessor
may, from time to time, without terminating this Lease, relet the Property or any part
thereof. No such reentry, repossession or reletting of the Property by Lessor shall be
construed as an election on Lessor's part to terminate this lease unless a written notice
of termination is given to Lessee by Lessor. No such reentry, repossession or reletting
of the Property shall relieve Lessee of its liability and obligation under this Lease, all of
Page 7 of 13
which shall survive such reentry, repossession or reletting, provided that Lessor's
obligation at law, if any, to mitigate its losses shall remain. Upon the occurrence of such
reentry or repossession, Lessor shall be entitled to the amount of the monthly Default
Rent, and all other sums, which would be payable hereunder if such reentry or
repossession had not occurred, less the net proceeds, if any, of any reletting of the
Property after deducting all of Lessor's expenses in connection with such reletting.
Lessee shall pay such amounts to Lessor on the days on which the Rent would have
been payable hereunder if possession had not been retaken.
(3) At any time or from time to time after the repossession of the
Property by Lessor following an Event of Default by Lessee, regardless of whether the
Term of this Lease has terminated, Lessor shall have the right to relet the Property or
any part thereof for the account of Lessee, in the name of Lessee or Lessor, without
notice to Lessee, for such term or terms (which may be greater or less than the period
which would otherwise have constituted the balance of the Term of this Lease) and on
such conditions (which may include concessions or free rent) and for such uses as
Lessor, in its uncontrolled discretion, may determine, with the right to make alterations
and repairs to the Property, and may collect and receive the rents therefor. In no event
shall Lessee be entitled to receive the excess, if any, of net rent collected by Lessor as
a result of such reletting over the sums payable by Lessee to Lessor hereunder.
(4) Subject to compliance with Section 14(b)(6), below, in the event of
any termination of this Lease by its terms or by operation of law or any repossession of
the Property pursuant to the terms of this Lease, Lessee, so far as permitted by law,
waives (1) any notice of reentry or of the institution of legal proceedings to that end, (ii)
any right of redemption, re-entry or repossession, and (iii) the benefits of any laws now
or hereafter in force exempting property from execution for rent or for debt.
(5) Lessor's exercise of any or all of the remedies set forth in this
Section shall not in any way restrict Lessor's right to exercise any or all available
remedies at law and in equity.
(6) Notwithstanding anything to the foregoing in this Section 14(b),
Lessor and Lessee acknowledge that Lessee intends to invest substantial capital and
time in the Improvements and operations on the Property and, as a result, termination of
this Lease, or repossession by Lessor of the Property may result in a substantial
hardship to Lessee. Accordingly, prior to any termination of this Lease by Lessor or
repossession by Lessor of the Property due to an alleged Event of Default, Lessor and
Lessee agree first to try in good faith to settle the dispute by mediation. The parties shall
use a mediation expert reasonably acceptable to both sides and shall convene the
mediation at a location mutually acceptable to the parties in the State of Colorado. The
costs of mediation shall be borne equally by the parties. In the event the parties are
unable to resolve the dispute by mediation through the exercise of good faith efforts by
the date that is sixty (60) days from the occurrence of the Event of Default, then Lessor
shall be entitled to pursue the remedies set forth in this Section 14(b), and Lessor shall
be entitled in the pursuit of such remedies to recover the costs of mediation incurred by
Lessor hereunder.
Page 8 of 13
Section 15. Waivers. Failure of Lessor or Lessee to complain of
any act or omission on the part of the other party, no matter how long the
same may continue, shall not be deemed to be a waiver by said party of any
of its rights hereunder. No waiver by Lessor or Lessee at any time, express
or implied, of any breach of any provision of this Lease shall be deemed a
waiver of a breach of any other provisions of this Lease or a consent to any
subsequent breach of the same or any other provision. No acceptance by
Lessor of any partial payment shall constitute an accord or satisfaction but
shall only be deemed a part payment on account.
Section 16. Force Maieure. In the event that Lessor or Lessee
shall be delayed in, hindered in, or prevented from the performance of, any
act required hereunder by reason of strikes, lockouts, labor troubles, inability
to procure materials, failure of power, restrictive governmental laws or
regulations, voter approved ballot initiatives, riots, insurrection, war or other
reason beyond their control, then performance of such act shall be excused
for the period of the delay and the period for the performance of any such act
shall be extended for a period equivalent to the period of such delay.
Section 17. Notice. Every notice, approval, consent or other
communication authorized or required by this Lease shall not be effective
unless same shall be in writing and personally delivered or sent postage
prepaid by United States registered or certified mail, return receipt requested,
addressed to the other party as follows:
As to Lessor:
As to Lessee:
Emergency No:
Verdad Resources LLC.,
5950 Cedar Springs Rd.
OFC 200
Dallas, TX 75235-6805
Cureton Front Range LLC, a
Delaware Limited Liability Company
1550 Larimer Street, Suite 266
Denver, CO 80202
720-390-4502 Office, 303-519-7246 Cell Phone
Either party to this Lease may from time to time change its address for receipt of notice
and other communications by giving notice to the other party in writing and in
accordance with the procedure set forth above in this Section.
Section 18. Certificates. Either party shall without charge at any
time and from time to time, within thirty (30) days after written request of the
other, certify by written instrument duly executed and acknowledged to any
mortgagee or purchaser, or proposed mortgagee or proposed purchaser, or
any other person, firm or corporation specified in such request: (i) whether
this Lease has been supplemented or amended and if so the substance of the
supplement or amendment; (ii) whether the Lease is in full force and effect;
Page 9 of 13
(iii) whether any default exists under this Lease; (iv) whether any offsets,
counterclaims or defenses exist; (v) the commencement and expiration dates
of the Term; and (vi) with respect to any other matters reasonably requested.
Any certificate may be relied upon by the party requesting and receiving it.
Section 19. Governing Law. The terms and conditions of this
Lease shall be governed, interpreted, constructed, regulated and enforced by
the laws of the State of Colorado.
Section 20. Partial Invalidity. If any term, covenant, condition or
provisions of this Lease or the application thereof to any person or
circumstance shall at any time or to any extent be invalid or unenforceable,
the remainder of this Lease or the application of such term or provision to
persons or circumstances other than those to which it is held invalid or
unenforceable shall not be affected and each term, covenant, condition and
provision of this Lease shall be valid and be enforced to the fullest extent
permitted by law.
Section 21. Entire Agreement. No oral statement or prior written
matter shall have any force or effect. Lessee agrees that it is not relying on
any representations or agreements other than those contained in this Lease.
Section 22. Parties. Except as herein otherwise expressly
provided the covenants, conditions and agreements contained in this Lease
shall bind and inure to the benefit of Lessor, Lessee and their respective
successors, administrators, heirs and assigns.
Section 23. Recording. Upon the mutual execution and delivery
of this Lease, Lessee shall have the right to record a Memorandum of this
Lease in the Clerk and Recorder's Office of Weld County, Colorado.
Section 24. Voluntary Termination Right. Notwithstanding
anything to the contrary in this Lease, Lessee shall have the right at any time
to terminate this Lease upon not less than six (6) months prior written notice.
However, in the event Lessee terminates prior to the end of the fifth Lease
Year and has commenced construction of the Facility, Lessee shall pay the
remaining balance of the Five Years of Base Rent to Lessor. Such rent shall
be deemed liquidated damages. The liquidated damages are intended to
represent estimated actual damages and are not intended as a penalty, and
Lessee shall pay them to Lessor without limiting Lessee's right to terminate
this Lease for default as provided elsewhere herein. Upon the date of
termination specified in such written notice from Lessee, this Lease shall
terminate and the parties shall have no further rights or obligations hereunder,
except as expressly survive expiration or termination hereof.
Section 25. General Indemnity: Lessee, and its successors and
assigns hereby indemnifies and saves harmless the Lessor, and its
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successors and assigns from and against any and all claims, demands,
actions, suits, losses, costs, charges, expenses, damages and liabilities
whatsoever which Lessor may pay, sustain, suffer or incur by reason of or in
connection with the Lease or any activities occurring on the Property,
including, without limiting the generality of the foregoing, all costs and
expenses (including legal expenses) incurred in connection with any such
loss or damage, unless such claims, demands, actions, suits, losses, costs,
charges, expenses, damages and liabilities arise from Lessee's intentional
act, willful misconduct, or sole negligence.
Section 26. Subsequent Recording: Lessee has the right to record
a memorandum and "as -built" as -built legal description of the final location.
IN WITNESS WHEREOF, the parties hereto have hereunder set their hands as
of the day and year first -above written.
LESSOR: Verdad Resources LLC
By: /�`
Phillip liavis, Vice President
LESSEE:
Cureton Front Range LLC, a
Delaware Limited Liability Company
By: {`G
Daniel Seaver
Its: Managing Partner
Page 11 of 13
STATE OF COLORADO )
) ss.
COUNTY OF Lie ( )
The foregoing instrument was acknowledged before me this J day of
December 2017, by Phillip Davis, Vice President of Verdad Resources LLC.
Witness my hand and official seal.
My commission expires: V ] 3 O�d v 11
(SEAL)
JEFFREY ALLEN BERGHORN
NOTARY PUBLIC . STATE OF COLORADO
Notary identification #0154017265
My Commission Expires 413012019
STATE OF COLORADO )
CITY AND ) ss.
COUNTY OF DENVER )
<A 11, The foregoing instrument was acknowledged before me this o.O day of
S rr1 a 7, by Daniel Seaver, as Managing Partner, of Cureton Front Range
LLC, a Delaware Limited Liability Company.
Witness my hand and official seal.
My commission expires: f.- x
(SEAL)
INahollialmalalboalabdamdlailmaaP
EVERETT DA/IS
Notary Public - State at Colorado
Notary ID 20184005658
My Commission Expires Feb 5 2022
Notary Public
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