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Home My WebLink About20182319.tiffFIDELITY NATIONAL TITLE GROUP National Commercial Services Colorado Chicago Title • Commonwealth Land Title Company - Fidelity National Title • Heritagelitle Company 950 S Cherry St, #1414 Denver, CO 80246 Phone: (303) 291-9977 DATE: May 10, 2018 FILE NUMBER: N0017550-010-TO2-PD GUARANTEE NUMBER: CO-FCTV-IMP-72COG6-1-18-N0017550 PROPERTY ADDRESS: 17267 County Road 25, 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 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE. Guarantee No.: CO-FCTV-IMP-72COG6-1-18-N0017550 Chicago Title Insurance Company a Florida corporation, herein called the Company GUARANTEES Oak Leaf Energy Partners 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: `7$4417 Authorized Signature ay Aar.d, Qmf. Paes,deni hdie tr1:Chd?: gild'; elle 72COG6 Chain of Title Guarantee CLTA Guarantee Form No. 6 (Revised 6!6!92) Order No.: N0017550-010-TO2-PD Guarantee No.: CO-FCTV-IMP-72COG6-1-18-N0017550 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.: N0017550-010-TO2-PD Guarantee No.: CO-FCTV-IMP-72COG6-1-18-N0017550 Order No.: N0017550-010-TO2-PD Liability: $150.00 1. Name of Assured: Oak Leaf Energy Partners 2. Effective Date of Guarantee: May 4, 2018 at 6:00 PM The assurances referred to on the face page are: That, according to those public records which, under the recording laws, impart constructive notice of matters relating to the interest, if any, which was acquired by G. Todd McCormick pursuant to a Quit Claim Deed 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: Quit Claim Deed recorded January 6, 1986 at Reception No. 2038116 Warranty Deed recorded January 6, 1986 at Reception No. 2038118 Public Trustee's Deed recorded December 30, 1988 at Reception No. 2166501 Warranty Deed recorded January 8, 1990 at Reception No. 2202151 Quit Claim Deed recorded April 12, 2017 at Reception No. 4293284 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-72COG6-1-18-N0017550 Fee: $150.00 72COG6 Chain of Title Guarantee CLTA Guarantee Form No. 6 (Revised 6!6!92) Order No.: N0017550-010-TO2-PD Guarantee No.: CO-FCTV-IMP-72COG6-1-18-N0017550 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO IN THIS GUARANTEE IS DESCRIBED AS FOLLOWS: A parcel of land located in the South Half (S %) of Section 1, Township 3 North, Range 67 West of the 6th Principal Meridian, County of Weld, State of Colorado, more particularly described as follows: Beginning at the Southeast corner of said Section 1, and considering the South line of the Southeast Quarter (SE '/4) of said Section 1, as bearing NORTH 89°37'15" WEST with all other bearings contained herein and relative thereto; Thence NORTH 89°37'15" WEST along said South line of the Southeast Quarter (SE '/4) of said Section 1, 2688.14 feet to the South Quarter Corner (S'/4 Cor.) of said Section 1, said point being the True Point of Beginning; Thence NORTH 89°59'55" WEST along the South line of the East Half (E %) of the Southwest Quarter (SW 1/4) of said Section 1, 386.11 feet to the Southeast Corner of a parcel of land described in deed recorded 15, Feb. 1972 at Reception No. 1583786 dated 31, Jan. 1972; Thence NORTH 00°00'05" EAST along the East line of said parcel, 200.00 feet to the Northeast corner of said parcel; Thence NORTH 74°50'00" WEST along the Northerly boundary of said parcel, 993.31 feet to a point on the West line of the East Half (E '/2 ) of the Southwest Quarter (SW 1/4) of said Section 1 , said point also being the Northwest corner of said parcel; Thence NORTH 01°27'31" WEST along the West line of the East Half (E %) of the Southwest Quarter (SW '/4) of said Section 1, 823.78 feet to the Westerly right-of-way of the Western Drainage and Water Supply Company as described in Decree recorded in Book 118 at Page 506 dated 17, Dec. 1894, said point being the cusp of a curve concave to the Southeast, having a central angle of 00°01'45", a radius of 613.70 feet, and a chord which bears NORTH 34°32'59" EAST, 0.31 feet; Thence along the said Westerly right-of-way the following four courses: Thence along the arc of said curve, 0.31 feet to a point of a reverse curve concave to the Northwest having a central angle of 19°59'45", a radius of 1392.70 feet, and a chord which bears NORTH 24°33'59" EAST, 483.58 feet; Thence along the arc of said curve, 486.04 feet to a point of a compound curve concave to the West having a central angle of 35°58'11", a radius of 676.80 feet, and a chord which bears NORTH 03°24'59" WEST, 417.95 feet; Thence along the arc of said curve, 424.89 feet to a point of tangency; Thence NORTH 21°26'49" WEST, 515.03 feet to a point on the North line of the East Half (E %) of the Southwest Quarter (SW '/4) of said Section 1; Thence NORTH 89°55'44" EAST, leaving said Westerly right-of-way, and along the East-West Centerline of said Section 1, 3972.47 feet to the East Quarter (E '/4) Corner of said Section 1; Thence SOUTH 02°01'30" EAST along the East line of the Southeast Quarter (SE '/4) of said Section 1, 1321.62 feet to the South Sixteenth Corner on the East line of said Section 1; Thence NORTH 89°50'13" WEST along the South line of the North Half (N %) of the Southeast Quarter (SE '/4) of said Section 1, 2679.95 to the Center -South Sixteenth Corner of said Section 1; Thence SOUTH 01p'41'06" EAST along the North -South Centerline of said Section 1, 1311.20 feet to the South Quarter Corner (S '/4 Cor.) of said Section 1, said point also being the True Point of Beginning, County of Weld, State of Colorado. 72COG6 Chain of Title Guarantee CLTA Guarantee Form No. 6 (Revised 6/6!92) Order No. N0017550-010-TO2-PD Guarantee No. CO-FCTV-IMP-72COG6-1-18-N0017550 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the fol lowing: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the natters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A) of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assume or agreed to by one or more of the Assures; (2) which result in no loss to the Assured; or (3) which do not result in the validity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. The identity of any party shown or referred to in Schedule A. The validity, legal effect or priority of any matter shown or referred to in this Guarantee. (c) (d) GUARANTEE CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 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.: N00 17550-010-TO2-PD Guarantee No.: CO-FCTV-IMP-72COG6-1-18-N0017550 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) AR2D3a116 - MAXINE H. GILL I whose address is 314 Delmar, Sterling County of Logan , and State of Ret:orde'• B 1098 REC 02038116 01/06/86 13:16 $3.00 1/001 F 0325 MARY ANN FEUERSTEIN CLERK Sr RECORDER WELD CO, CO Receptic Colorado , for the consideration of Other good and Ij, valuable consideration and one and no/100 Dollars, in hand paid, hereby sells) and quit claims) to KATHERINE MILLER Hwhose address is 2101 14th Street, Greeley County of property, in the Weld , and State of Colorado , the following real County of Weld , and State of Colorado, to wit: The East Half of the Southwest Quarter (EISW4) of Section 1, Township 3 North, Range 67 West of the bth P.M. also known as street and number with all its appurtenances The foregoing instrument was acknowledged before me this Li ay of December , 19 85 , by Maxine H. Gill �I E My Comtrisdon Expires June I9, I9&8 My commission expires 130 North 3rd Si Witness my hand and official seatrl'"g• coaorrdn No.898. QUIT CLAIM DECD —Short form— Bradford Publishing. 15165 Wes, etth Avenue. Gulden. Colorado 80/01-1303078.0644 —9-80 A 82038118 Reception u^ 1/002 1O98 REC 02038118 01/06/86 13:17 $6.00 Rerorde, F p327 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO. CO RECORDER'S STAMP THIS DEED, Made this 3rd day of January 19,86,between KATHERINE MILLER, formerly known as KATHERINE ADLER of the County of Weld and State of Colorado, of the first part, and ALVIN L. ODENBAUGH and TAMMY L. ODENBAUGH whose legal address is 17267 Weld County Rd. 25 Platteville. Colorado 80651 County of Weld and State of Colorado, of the second part: of the W ITNESSETH, that the said part of the first part, for and in consideration of the sum of OTHER GOOD AND VALUABLE CONSIDERATION AND TEN AND NO/1OO— DOLLARS, State Documentary Fee Date •...- to the said part y of the first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha 5 granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lots or parcels of land, situate, lying and beingin the County of Weld and State of Colorado,ta Wit: As described in Exhibit "A" attached hereto and by reference made a part hereof. Together with 20 shares of the capital stock of The Farmers Independent Ditch Company and two (2) irrigation wellsadjudicatedin the District Court in and for Water Division No. 1 as Case No. W-1055 and registered with the State Engineer gdo& owes sasteee4 angib$ 17267 Weld County Nos. and 14132. CO a0651 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, 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 y of the first part, 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 bargained and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said part y of the first part, for her— self her heirs, executors, and administrators does covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents she is well seized of the premises above conveyed, as of good, sure, perfect. absolute and indefeasible estate of inheritance, in law, in fee simple, and ha s 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 from ail former and other grants, bargains, sales, liens, taxes, assessment and encumbrances of whatever kind or nature soever. E X CEPT 1986 taxes due and payable in 1987; SUBJECT TO conditions, covenants, ease— ments, exceptions, reservations, restrictions and rights of way, existing roads and public highways, established easements and oil, gas and mineral reservations and conveyances of record, also burdens of existing improvement districts, and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part y of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the said part y of the first part ha s hereunto set her hand and seal the day and year first above written. ANrJ' /777,/, r. [SEAL' Signed. Sealed and ©slivered in the Presence ofKatherine Miller, f/k/a k /a • Lt iI *tl= BIZ (sEALI I rt ( Rdiem ��% �SZ fY si% iSEALI STATE OF COLORADO County of `•"'Thy foregoing instrument was acknowledged before me this 3rd day of January • _,I'. by .Katherine Miller, f/k/a Katherine Adler IA nOctober 25 ,19 89 . Wit Gass my hand and official seal. wet' 7r•t�i �Y So��ission expires%�, 10 onna L. Avers 2308 29th St., Suite 1 Greeley, CO 80631-8527 No. 921. W. RRA\TY DEED To Joint Ten,nt,. Ar:,df rd Pohli.i,ng.5N'-5 W. fish Are.. Lateuood. CO50_215--1'031_3?-5930 Notary Public. { B 1098 REC 02038118 01/06/86 13:17 $6.00 2/002 F 0328 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT A• The North 1/2 (N1/2) of the Southeast 1/4 (SE1/4) of Section One (1), Township Three (3) North, Range 67 West of the 6th Prime Meridian, and all of the East 1/2 (E1/2) of the Southwest 1/4 (StW1/4) of Section One (1), Township Three (3) North, Range 67 West of the 6th Prime Meridian except the portion thereof condemned by decree of condemnation by the Western Drainage and Water Supply Company which decree was recorded December 17, 1894, in Book 118, Page 506 of the Weld County Records and except the property conveyed by Quit Claim Deed to the Western Drainage and Water Supply Company recorded December 4, 1894, in Book 114, Page 239 of the Weld County Records, the total land contained in said decree and deed being approximately 6.4 acres more or less, and further except a parcel of land located in the East 1/2 (E1/2) of the Southwest 1/4 (SW1/4). as above described, as follows: Commencing at the Southwest (SW) corner of said East 1/2 of said Southwest 1/4 (E1/2 SW1/4); thence East along said section line a distance of Nine Hundred Forty Seven feet (9471); thence due North a distance of Two Hundred feet (200'); thence Northwesterly a distance of 1,000 feet to a point Four Hundred Sixty Feet (460') due North of the point of beginning; thence due South a distance of Four Hundred Sixty feet (460') to the point of beginning, said parcel containing approximately 7.2 acres more or less. All in Weld County Colorado 5, • AR2166501 B 1220 REC 02166501 12/30/88 08:55 $6.00 1/002 F 0729 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO PUBLIC TRUSTEE'S DEED Sale No 2708 !I THIS DEED is made December 29 11 I Katherine Miller ! it Ei ANNE P. NYE County of WELD 1988 , between as the Public Trustee, of the Colorado, and Purchaser, whose legal address is 2101 14th Street, Greeley, Colorado 80631 WHrREAs, Alvin L. Odenbaugh and Tammy L. Odenbaugh did. by Deed of Trust dated January 3 , 19 86 , and recorded in the office of the Clerk and Recorder of the WELD , Colorado, on January 6 **** , 19 86 , in Book County of 1098 , Page , (Film No. , Reception No. 2038119 ). convey to the Public Trustee. in Trust. the property hereinafter described to secure the payment of the indebtedness provided in said Deed of Trust; and Whereas, a violation was made in certain of the terms and covenants of said Deed of Trust as shown by the notice of election and demand for sale tiled with the Public Trustee, a copy thereof being recorded in the office of said County Clerk and Recorder, the said property was advertised for saleat public auction at the place and in the mannerprovided by law and by said Deed ufTrust, and acopyof the notice of sale was in apt time mailed to the persons required by statute, and said property was in pursuance of said notice sold to Katherine Miller fur the sum hereinafter set forth and a certiticate of purchase thereof was made and recorded** I ii i, I! Er II 1E and said property not having been redeemed from said sale; Now, Therefore, the Public Trustee pursuant to the power and authority vested by law and by the said Deed of Trust as such Public l i Trustee and in consideration of the sum of ; 233, 238.22 , to the Public Trustee paid by the said Purchaser, the receipt whereof is hereby acknowledged, conveys to the said Purchaser, the heirs. successors and assigns of the Purchaser, forever*** it all the right, title E; and interest which the Public Trustee acquired pursuant to said Deed of Trust in and to the following described property situate in the County of WELD , State of Colorado. to wit: i ii SEE EXHIBIT "A" ATTACHED **** Rerecorded September 15, 1987 in Book 1170 Reception No. 2114476 ;Aso known by street and number as To Have and to Hold the same unto the said Purchaser, and the heirs, successors and assigns of the Purchaser, forever. The singular shall include the plural and the plural the singular. Executed the day and year first above written. Public Trustee of the State of Colorado By STATE OF COLORADO County of WELD County of W t,D The foregoing instrument was acknowledged before me this 29th i by ANNE D. NYE as the County of WELD . State of Colorado. My commission expires JUNE 6, 1992 Witness my hand and official seal. Deputy Public Trustee :: Yi. day of December ,.. Public Trustee of the 11 O i ,,11%-.1)...4. li irkini1 'e• ii i r, tV.,r.r, Publ,c ---,.' 1020 9TH ST. NO. 202. GREELEY, CO 80631 •tn cnuntir• ..here book and page numbers have been abolished. ••It ca liricmc has been assigned insert 'and said certificate of purchase was assigned to Morning assignrel.' It sale is to a corpsra"un. .O1 forth name of corporation and state of incorporation. •••Chmpe tnr Joint Tenancy. Na.30. Rev. 2 -ES. PUBLIC TRUSTEE'S DEED Bradford Publishing, 5t21 W. ash Ave.. Lakeanral, CO aorta —1303) 233-3900 C..pyrrgbr r555 B 1220 REC 02166501 12/30/88 08:55 $6.00 2/002 F 0730 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO SEE EXHIBIT "A" The North 1/2 (N 112) of the Southeast 1/4 (SE 1/4) of Section One (1), Township Three (3) North, Range 67 West of the 6th Prise Meridian, and all of the East 1/2 (E 1/2) of the Southwest 1/4 (SW 1/4) of Section One (1), Township Three (3) North, Range 67 West of the 6th Prime Meridian except the portion thereof condemned by decree of condemnation by the Western Drainage and Water Supply Company which decree vas recorded December 17, 1894, in Book 118, Page 506 of the Weld County Records and except the property conveyed by Quit Claim Deed to the Western Drainage and Water Supply Company recorded December 4, 1894, in Book 114, Page 239 of the Weld County Records, the total land contained in said decree and deed being approximately 6.4 acres more or less, and further except a parcel of land located in the East 1/2 (E 1/2) of the Southwest 1/4 (SW 1/4), as above described, as follows: Commencing at the Southwest (SW) corner of said East 1/2 of said Southwest 1/4 (E 1/2 SW 1/4); thence East along said section line a distance of Nine Hundred Forty Seven feet (947'); thence due North a distance of Two Hundred feet (200'); thence Northwesterly a distance of 1,000 feet to a point Four Hundred Sixty Feet (460') due North of the point of beginning; thence due South a distance of Four Hundred Sixty Feet (460') to the point of beginning, said parcel containing approximately 7.2 acres more or less. All in Weld County, Colorado. Together with 20 shares of the capital stock of the Farmers Independent Ditch Camany and two (2) irrigation wells adjudicated in the District Court in and for Water Division No. 1 as Case No. W-1055 and registered with the State Engineer of the State of Colorado under Permit Nog. 14131 and 14132. B 2253 REC 02202151 01/08/90 13:28 X10.00 1,'002 F 0156 MARY ANN FEUERSTI:IN CLERK & RECORDER WELD CO, CO AR22021r5I WARRANTY DEED Stute Documentary l=ee pato xzEt :., .rti, 9.O $ f•.�4.�.A.�►+C1�.�.......w• KNOW ALL MEN BY THESE PRESENTS, That Katherine Miller, Grantor, whose legal or street address is 2101 14th Street, City or Town of Greeley, Weld County, Colorado, for the consideration of Two Hundred Fifty -Two Thousand Five Hundred Dollars ($252,500.00), in hand paid, hereby sells and conveys to G. Todd McCormick and Maura C. McCormick, Grantees, whose legal or street address is 246L East 98th Avenue, City or Town of Thornton, Adams County, Colorado, as joint tenants with right of survivorship, and not as tenants in common, the following real property in Weld County, Colorado, to wit: See Exhibit A attached hereto and incorporated herein. together with all its appurtenances and warrant the title to the same, subject, however, to the following: 1. General taxes for the year 1989, due and payable in 1990. 2. General taxes for the year 1990, due and payable in 1991. 3. Easements, restrictions, reservations, conditions, covenants and rights -of -way of record, if any. SIGNED and delivered this day of January, 1990. STAlE OF COLORADO ) ) ss. COUNTY OF WELD Katherine Miller -61 The foregoing instrument was acknowledged before me this ,Sft day of January, 1990, by Katherine Miller. WITNESS my hand and official seal. ,.0 r'N p4,,,.I• oo . q". 4. , r . k. „.1 t-1 w L :' c' J 0 Or res: ��7�/•9 NOTARY PUBLIC B 1253 REC 02202/51 01/08/90 13:28 F 0157 MARY ANN FLUERSTEIN CLERIC & RECORDER 10.00 WELD Co, CO EXHIBIT "A" The N 1/2 of the SE 1/4 and the E 1/2 of the SW 1/4 of Section 1, Township 3 North, Range 67 West of the 6th P.M. EXCEPTING THEREFRCM, a parcel of land conveyed to The Western Drainage and Water Supply Co,, by deed recorded Oscember 4, 1894 la Book 114 at Page 239, described as follows: A strip of land 80 feet wide lying in the Southwest corner of the SE 1/4 SW 1/4 -1-3-67 bounded as follows: BEGINNING at a point 25 feet North of the SW corner of said subdivision: t,aence North 80 feet; thence East about 325 feet; thence South 80 feet; thence about 325 feet West said strip of land extended from the West line of said subdivision to the Western Drainage & Water Supply Co. Drain Ditch; A;;,S0 EXCEPTING THEREFROM a parcel of land conveyed to Francis H. Adler by deed recorded February 15, 1972 in Book 562 as Reception No. 1583786, described as follows: COMMENCING at the Southwest corner of said East Half of sa:Ld Southwest Quarter (E 1/2 SW 1/4) , . thence East along said Section line a distance of Nine Hundred Forty -Seven Feet (947'), thence due North a distance of Two Hundred Feet (2011), thence Northwesterly a distance of One Thousand Peet (1000') to a point Four Hundred Sixty Feet (460') due North of the POINT OF BEGINNING, thence due South a distance of Four Hundred Sixty Feet (460') to the POINT OF BEGINNING. together with 20 shares of the capital stock of the Farmers Independent Ditch Company, and Irrigation Wells No. 1-14131 and 2-14132 adjudicated in Case No. W -i055. Maura C. McCormick Quit Claim Deed A THIS DEED is a conveyance from the individuals, named below as GRANTOR to the individual named below as GRANTEE of whatever interest the GRANTOR may have in the real property described below. LL The GRANTOR hereby sells and quit claims to the GRANTEE the real property described below with all its OA appurtenances granted by the Warranty Deed made January 5, 1990 recorded 01/08/1990 under reception mmnumber 02202151 of the records of the Weld County Assessor's Office. ▪ 3-• This QUIT CLAIM DEED shall be effective as of January 31, 2017. o The specific terms of this deed are: ft S Mma -- Grantor: Maura C. McCormick Y d mm-..- Grantee: G. Todd McCormick r�-- utNoU M Property Description: N2SE4/E2SW4 1-3-67 EXC BEG SW COR E2SW4 E947' N200' NWLY 1000' S460' TO BEG ALSO EXC THAT PT LYING W OF WESTERN MUTUAL CANAL (1.18R3D), ALL IN (4-Q5ffi SECTION 1, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO Property Address: 17267 Weld County Road 25, Platteville, CO 80651 Reservations -Restrictions: None IN WITNESS WHEREOF, Grantor has caused this deed to be executed on the date set forth above. STATE OF COLORADO ) ) ss: COUNTY OF Lc —CO -Z-1 ) The foregoing instrument was acknowledged before me this a3tl-day of Maura C. McCormick. WITNESS MY HAND AND OFFICIAL SEAL. Notary Public My commission expires: , 2017, by Norsk* A. Bennett ry Public ID 52001402067$ Commission Expiration: March 3, 201M Mato of Colorado Hello