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HomeMy WebLinkAbout20181038.tiffFIDELITY NATIONAL TITLE GROUP r Natio-nat Commercial5ervIces Colorado [hI;3o1i;k• Comrcioll',.-a%Il Led 1i'',rtomU81'7 `itl?IL'.dliO al I:dl?• ICIi1iCE ILl? Company 950 S Cherry St, #1414 Denver, CO 80246 Phone: (303) 291-9977 DATE: December 5, 2017 FILE NUMBER: N0015174-010-TO2-ES GUARANTEE NUMBER: CO-FCTV-IMP-72COG6-1-17-N0015174 PROPERTY ADDRESS: Vacant Land, Greeley, CO YOUR REFERENCE NUMBER: TO: Oak Leaf Energy Partners 2645 E. 2nd Ave. Suite 206 Denver, CO 80206 REF NO.: ❑ If checked, supporting documentation enclosed ATTN: Kyle Sundman PHONE: (303) 893-6945 MOBILE: (000) 000-0000 FAX: (000) 000-0000 E-MAIL: kyle@oakleafep.com DELIVERY: Email NO. OF COPIES: I END OF TRANSMITTAL By: SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE. Guarantee No.: CO-FCTV-IMP-72COG6-1-17-N0015174 Chicago Title Insurance Company a Nebraska corporation, herein called the Company GUARANTEES Oak Leaf Solar XXVIII LLC— Kyle Sundman The Assured named in Schedule A against actual monetary loss or damage not exceeding the liability stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Chicago Title Insurance Company Countersigned: 7461.-7 Authorized Signature ay I Aar.d, Qmf. Paes,deni h!iesl tr1:Chd?: gild'; elle 72COG6 Chain of Title Guarantee CLTA Guarantee Form No. 6 (Revised 6!6!92) Order No.: N0015174-010-TO2-ES Guarantee No.: CO-FCTV-IMP-72COG6-1-17-N0015174 NOTICE CONCERNING FRAUDULENT INSURANCE ACTS (This Notice is Permanently Affixed Hereto) NOTICE CONCERNING FRAUDULENT INSURANCE ACTS (This Notice is Permanently Affixed Hereto) It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the department of regulatory agencies. C. R. S. A. § 10-1-128 (6)(a). 72COG6 Chain of Title Guarantee CLTA Guarantee Form No. 6 (Revised 6/6!92) Order No.: N0015174-010-TO2-ES Guarantee No.: CO-FCTV-IMP-72COG6-1-17-N0015174 Order No.: N0015174-010-TO2-ES Liability: $0.00 1. Name of Assured: Oak Leaf Solar XXVIII LLC— Kyle Sundman 2. Effective Date of Guarantee: November 28, 2017 at 6:00 PM The assurances referred to on the face page are: That, according to those public records which, under the recording laws, impart constructive notice of matters relating to the interest, if any, which was acquired/reserved by See Exhibit A Attached hereto and made a part hereof. pursuant to a Fee Simple in and to the land described as follows: See Exhibit A attached hereto and made a part hereof. Only the following matters appear in such records subsequent to January 1972 : Deed recorded 05/15/1959 at Reception No. 1301692. Quitclaim Deed recorded 02/09/1983 at Reception No. 01917027. Warranty Deed recorded 04/10/1989 at Reception No. 02176009. Quitclaim Deed recorded 09/28/2001 at Reception No. 2887723. This Guarantee does not cover: 1. Taxes, assessments, and matters related thereto. 2. Instruments, proceedings, or other matters which do not specifically describe said land. SCHEDULE A CHAIN OF TITLE GUARANTEE Guarantee No.: CO-FCTV-IMP-72COG6-1-17-N0015174 Fee: $0.00 72COG6 Chain of Title Guarantee CLTA Guarantee Form No. 6 (Revised 6!6!92) Order No.: N0015174-010-TO2-ES Guarantee No.: CO-FCTV-IMP-72COG6-1-17-N0015174 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO IN THIS GUARANTEE IS DESCRIBED AS FOLLOWS: The Southeast Quarter of Section 9, Township 3 North, Range 66 West of the 6th Principal Meridian, Except the North 300 feet and Except the East 225 feet thereto. 72COG6 Chain of Title Guarantee CLTA Guarantee Form No. 6 (Revised 6!6!92) Order No. N0015174-010-TO2-ES Guarantee No. CO-FCTV-IMP-72COG6-1-17-N0015174 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the fi)l lowing: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the natters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A) of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assume or agreed to by one or more of the Assures; (2) which result in no loss to the Assured; or (3) which do not result in the validity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. The identity of any party shown or referred to in Schedule A. The validity, legal effect or priority of any matter shown or referred to in this Guarantee. (c) (d) GUARANTEE CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED CLAIMANT. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assure hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. NO DUTY TO DEFEND OR PROSECUTE. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS; DUTY OF ASSURED CLAIMANT TO COOPERATE. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph it shall do so diligently (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assure in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudice by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assure provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assure to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 72COG6 Chain of Title Guarantee CLTA Guarantee Form No. 6 (Revised 6!6!92) Order No.: N0015174-010-TO2-ES Guarantee No.: CO-FCTV-IMP-72COG6-1-17-N0015174 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. DETERMINATION AND EXTENT OF LIABILITY. This Guarantee is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set tbrth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 or these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to an defect, lien or encumbrance assured against by this Guarantee. R. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. PAYMENT OF LOSS. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. SUBROGATION UPON PAYMENT OR SETTLEMENT. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assure claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not full cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. ARBITRATION. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the company in connection with its issuance of the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is 51,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of 51,000,000 shall be arbitrable only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. LIABILITY LIMITED TO THIS GUARANTEE; GUARANTEE ENTIRE CONTRACT. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at: CHICAGO TITLE INSURANCE COMPANY Claims Department Post Office Box 45023 Jacksonville, FL 32232-5023 72COG6 Chain of Title Guarantee CLTA Guarantee Form No. 6 (Revised 6!6!92) I iniii mu lion iii iini imii mm r� nm uii ini LF298-04 QUITCLAIM DEED THIS QUITCLAIM DEED, executed this by first party. Grantor, whose post office address is to second party. Grantee. whose post office address is 21 day of S '+ Denisse Lynn Anderson 5121 W. 11th St. Apt. 409, Greeley, CO 80634 Charles T. Anderson 14900 WCR 36, Platteville, CO 80651 cI (year)- WITNESSETH, That the said first party, for good consideration and for the sum of One hundred -thirty thousand Dollars ($130,.000.00 ) paid by the said second party. the receipt whereof is hereby acknowledged, does hereby remise, release and quitclaim unto the said second party forever, all the right. title. interest and claim which the said first party has in and to the following described parcel of land, and improvements and appurtenances thereto in the County of Weld , State of Colorado to wit: Property located at 14900 WCR 36, Platteville, CO 80651 Legal description as follows: SE4 9-3-66 EXC N300' & E2251 Also EXC UPRR RES ';1.67 R4.69D) PT NE4 9-3-66 Lot C, Rec exempt RE -2246 (1.25R9,9D) PT NE4 9-3-66 Lot B Rec exempt RE -2246 (1.5R) e 1942.2001 E -Z Legal Forms. Inc. Page 1 Res. 03/01 This product does not constitute the rendering of legal advice or services This product is intended for informational use only and is not a substitute for legal advice. State laws sary. so consult an attorney on all legal mutters. This product was not necessarily prepared by a person licensed to practice law in your state. 1 11111111111 J11111111 l 111111111111111111 III 11111t1111111l 2 of 2 R 10.00 0 13,00 Weld County CO IN WITNESS WHEREOF, The said first party has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in presence of7 `7 T� `Pend [_.(f \-, Signatu f Witness K-ePrim lkn�me'�n of d1fftYn Signature of Witness Print name of Witness gnature of First —Del/155E tt,{11 11/4- ),i7 Print name of First Party Signature of First Party Print name of First Party State of t :t'CtG0 County of 11j9_lL- On 2 t S `` C.li 2' `I before me, t.KUrix• 04es P appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that heishe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon be h the person(s) acted, executed the instrument WITNESS myid and official seal. Clau State of County of On appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. WITNESS my hand and official seal. Y CI}MMISS)ON EXPIRES 4.3.2005 Affiant Known X Produced ID Type of ID (Seal) before me. Signature of Notary Page Affiant Known Produced ID Type of ID (Seal) Signature of Preparer Print Name of Preparer Address of Preparer AR217L009 si B 1229 REC 021760G9 04/10/89 16:13 $6.00 1/002 anNo,— F 0648 MARY ANNFEUERSTEIN CLERK & RECORDER WELD CO, CO WARRANTY DEED THIS DEED, Made this 10TH day of APRIL 19$9 between EDWARD DILL AND RUTH F. DILL of the 'County of WELD and State of Colorado, grantor, and CHARLES T. ANDERSON AND DENISSE L. ANDERSON whose legal address is 14900 WELD COUNTY ROAD 36. PLATTEVILLE. COLORADO 80651 of the County of WELD WITNESS. Mat the grantor. for and inconsideration of the sum of rSyo>e Docurr.C-^ ,.., F•..s 1 Cote ‘71 —/ u. .P1 T i g „? y • See) ' I , I IIand State of Colorado, grantees: I TWO HUNDRED FORTY FIVE THOUSAND 1 AND 00i 100 *"r S245.00D.001*Ms. DOLLARS, the receipt and sufficiency of which is hereby acknowledged. has granted. bargained, sold and conveyed. and by these presems dries , grant. bargain. sell. convey and confirm unto the grantees. their heirs and assigns former. not in tenancy in common but in joint tenancy, : ail the real property. together with improvements, if any. situate, lying and being in the County of WELD and State of Colorado. described as follows: .ii SEE EXHIBIT "A" ATTACHED HERETO also known hy street utdnumber as 14900 WELD COUNTY ROAD 36. PLATTEVILLE. COLORADO 80651 TOGETHER with all and singular the hereditaatenta and eppuetencnces thereunto belonging, or in anywise appertaining and the • . reversion and reversions, remainder and remainders. rents. issues end profits thereof, and all the estate. right. title. interest, claim end . demand whatsoever of the grantor. either in law or equity, of. in and to the above bargained premises. with the hereditaments and '. appurtenances. TO HAVE AND TO HOLD the said premises above hargained and described. with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor. for himself. his heirs and personal representatives, dues co.enant, grant. bargain and agree to and with the Frankas, their heirs and assigns. that at the time of the ensealing anddoli.ery of these presents. Ise is welt seired of the premises above conveyed. has good, sure. perfect. absolute and indefeasible estate of inheritance. in law. in fee simple. and has good right, full power and lawful arc herby to grant. bargain. sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants. bargains, sales, liens. tastes, assessments. encumbrances and restrtetions of whatever kind or nature sower, except GENERAL TAXES FOR 1989 AND SUBSEQUENT YEARS; EXCEPT EASEMENTS, RESTRTe IONS. COVENANTS. CONDITIONS, RESERVATIONS AND RIGHTS OF WAY OF RECORD. IF ANY: The grantor shall and will WARRANT AND FOREVER DEFEND the above.bargainsd premises in the quiet and peaceable possession of the gantees. their heirs and assigns. against all and every person or persons lawfully claiming the whole or any part thereof. The singular nember shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. STATE OF COLORADO County of WELD The foregoing instrument was acknowledged before me this by „F.D1siARD DILL AND RUTH F. DILL ,r . • • [' a : h^ '°"c , 1 on v�V *If in Denser, insert "City and r/i 1 ED AUt, RUTH F. DILL" F.S. 10TH daYof APRIL .1989 . witness my hind and official seal. My Commission expire. DECEMBER I 4 a� 1113 10TH AVENUE GREELEY. COLORADO 80631 Sow, runic . 199Q . No, 921A. Ras. 345. wARRA.dTY DEPT nb Jet„ Armor award nael sea. sari W . latesae. L'0 gRu — 0031, i33 4x00 B 1229 REC 02176009 04/10/89 16:13 F 0649 MARY ANN FEUERSTEIN CLERK & RECORDER •WELD C0,00 CO EXHSBIT "A" Covering the Land in the State of Colorado, County of Weld. Described as: The East 1/2 of Section 9, Township 3 North, Range 66 West of the 6th P.M., EXCEPT those portions thereof included within a strip of land 100 feet wide for right of way for The Platte Valley Canal being located through and across the North 1/2, as conveyed to the Platte Valley Irrigation Company by Deed recorded April 24, 1888 in Book 77 at Page 82, AND EXCEPT those portions thereof included within a strip of land 130 feet wide, extending 70 feet to the right and 60 feet to the left of the centerline of The Platte Valley Canal, as conveyed to The Farmers Reservoir and Irrigation Company by Warranty Deed recorded in Book 359 at Page 100, AND ALSO EXCEPT the North 300 feet and the East 225 feet o£ the sE1/4. TOGETHER WITH any and all water rights appurtenant to said property including but not limited to 1/4 share of the Platte Valley Irrigation Ccmpany; 6 irrigation wells registered as numbers 12964, 12963, 12961, 129C2, 2442 F RE507, and 15381 adjudicated under case number W-660, and one domestic well. AR1911027 0_-O9U0 F EC 0191 7027 02/09/93 t 6 : 19 $3.00 1/001 i 4110 µAR`7 ANN F: r ur:M.' rE t N CLERK RECORDER WELD co, CO Edward Dill and Ruth F. Dill, as joint tenants, whose a ddr•ess is 14900 Weld County Road 36, Platteville Colorado County of Weld , and State of 1 , for the consideration of Ten Dollars, in hand paid, hereby sell(s) and quit claim(s) to Edward Dill and Ruth F. Dill, as tenants in common, whose address is 14900 Weld County Road 36, Platteville County of Weld , and State of' Colorado , the following real prnperty, in the County of Weld , and State of Colorado, to wit; The East Half (Es) of Section Nine (9), in Township Three (3) North, Range Sixty-six (66), West of the 6th P.M., together with Nth share of the capital stock of The Platte Valley Irrigation Company. Subject, however, to reservations in United States Patent, public roads, and any and all rights of way or easements over and across said premises, and subject further to reservations of all oil, coal and other minerals within or underlying said lands with the right of ingress and egress to prospect for and remove same as reserved in Deed of Union Pacific Railroad Company, and subject further to any liens arising by virtue of said premises being included within boundaries of Northern Colorado Water Conservancy District, Platte Valley Soil Conservation District and The Platteville Fire Protection District. also known as street and number 14900 Weld County Road 36, Platteville, Colorado with all its appurtenances Signed this day of STATE OF COLORA 1)0. County of Weld }SS. .10 83 4A The foregoing instrument, was acknowledged before me this day of '73- , 19 83 by Edward Dill and Ruth F. Dill ,r. 141•ycten Mit ihstexpires198'+ ,.V..nesfi')tty: aria and official seat ��VCARy=p_ `b�B��G �. ,t ,,„ �Ou lr p t �� Notary I'Ylii,f. �� Jr Address ryrn, 1 tii.mea l,_xn„nfur,.— ni.d�,. II;.�r�nnm, ,���..N,uu. a,.tug. ,•,i.,:,,i,u1 .'' r, ...�� L;(1OK ifjd I PAGE coRecorded MAY 15 1959 at If/ o'clock Reception No, -'-pi , - -4>, r ANN SPOFstt< Recorder. 5- 1 tj1 , hf ade this 13th day of May in the year of our Lord one thousand nine hundred and Fifty—nine between HAROLD A. SANDBERG AND LUCILLE V. SANDBERG of the County of Weld and State of Colorado, of the first part, and EDWARD DILL AND RUTH F. DILL of the County of Weld and State of Colorado, of the second part: WITNESSETH: That the said parties of the first part, for and in consideration of the sum of other Valuable considerations and Ten DOLLARS, to the said part i e s of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, to pass not in tenancy in common but in joint tenancy, the survivor of them, their assigns and the heirs and assigns of such survivor forever, all the fol- lowing described lot S or parcel S of land, situate, lying and being in the County of Weld and State of Colorado, to -wit: The East Half (Ek) Range Sixty-six (6 of the capital sto Subject, however, roads, and any and and across said pr oil,co:t1 and other right of ingress a served in Deed of to any liens exist boundaries of ort Valley Soil Conser District. of Section Nine (9), in Township Three (3j North, 6) West• of'the 6th r'. W., together with lth share ck of The Platte Valley Irrigation Company. to reservations in United States a':.ent, public all rights of way or easements now existing over emises, and subject further to reservations of all minerals within or underlying said lands with the nd egress to prospect for and remove same as re - Union Pacific Railroad Company, and subject further ng by virtue of said premises being included within hern Colorado Water Conservancy District, Platte nation District and The Platteville Fire Protection TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part i. e s of the first part, tither in isv or equity, of, in and to the above bargained premises, the hereditaments and appurtenances. TO RAVE AND TO HOLD the said premises above bargained and described, with appurtenances, unto the said parties of the second part, the survivor of them, their assigns,Le and.the heirs and assigns of such survivor for- ever. et-cr. And the said part 1 e S of the first part, for t h e ttel v e s/ i]tears, executors, and administrators, do covenant, grant, bargain and agree to and with the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, that at the time of the cnsraiing and delivering of these presents, they are well seised of the premises above conveyed, as of good, sure, perfect, abosletc and indefeasible estate of inheritance, in Iaw, in fee simple, and ha V e good right, full power and lawful authority to grant, bargain, sell and convey, the same in manner and form aforesaid, and that the same are free and clear front all former and other grants, bargains, sales, liens, taxes, assessments and incutnbrances of whatever kind or nature soevcr: excepting taxes for 1959, payable in 1960. and the above bargained premises in the - quiet and peaceable possession of the said panics of the second part, tirc P`—,�—�-�li survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons �_ lawfully claiming or to claim the whole or any part thereof, the said part of the first part shall and will-- • - WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part ieoS the first part its v e hereunto sett heir hand s and seals the day and year first above written. Signed, Sealed and Deliverer) in the Presence of 4"i.r.2,21._&'l am- .f C.:a1_..-r. �"i' d (SEAL) >l__(SEAL) __(SEAL) . 0S'J4AT> 4bF -CO> ORADO,1 1 13 t h /: ss- The foregoing instrument was acknowledged before me this ..................... _______ of t� "Co nt% o6Weld. - !! u L i • ca Ta }+ o_ a -r -o -1 -d --.A. �....S.a-rsti lie -Y g. -..z -n o.- , l uei l l e W. S -a r+d-b erg - t Witness My Hand and Official Seal My Commission Expires _j4J-}.y--:}f-,I,9ffr :-� , 7f.0 ( Notary Public. WARRANTY DEED To Joint Tenants —Tribune, Greeley, Colorado. Hello