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HomeMy WebLinkAbout20183688.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 B, Recorded Exemption No. 1309-09-4-RE2263, recorded June 22, 1999 at Reception No. 2701831, being part of the S1/2 of Section 9, Township 2 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. CONVEYANCES (If none appear, so state): Reception No. 4155383 (filed 3/26/1921 but not recorded until 2015) Reception No. 923486 Book 1116 Page 433 Reception No. 929700 Book 1124 Page 271 Reception No. 1737326 Book 815 Reception No. 1939895 Book 1007 Reception No. 1941717 Book 1008 Reception No. 1943096 Book 1010 Reception No. 1952447 Book 1017 Reception No. 2007792 Book 1067 Reception No. 2007793 1 Reception No. 2007795 Book 1067 Book 1067 Reception No. 2007796 Book 1067 Reception No. 2033404 L Reception No. 2234557 Book 1093 Book 1283 Reception No. 2176643 Book 1229 Reception No. 2341934 Book 1392 Reception No. 2701831 Book Reception No. 2765293 Book Reception No. 3931603 I Book This certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. 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 2nd day of March, 2018, at 7:00 am. Order No. H0528660 Heritage Title Company, Inc. f By: _ Authorized Signatory LIMITATION LANGUAGE FOR LIMITATION TO AMOUNT OF FEE PAID FOR SEARCH ALL PARTIES EXPRESSLY AGREE AND ACKNOWLEDGE THAT IT IS EXTREMELY DIFFICULT, IF NOT IMPOSSIBLE, TO DETERMINE THE EXTENT OF LOSS WHICH COULD ARISE FROM ERRORS OR OMISSIONS IN, OR THE COMPANY'S NEGLIGENCE IN PRODUCING, THE REPORT. ALL PARTIES RECOGNIZE THAT THE FEE CHARGED IS NOMINAL IN RELATION TO THE POTENTIAL LIABILITY WHICH COULD ARISE FROM SUCH ERRORS OR OMISSIONS OR NEGLIGENCE. THEREFORE, ALL PARTIES UNDERSTAND THAT THE COMPANY WAS NOT WILLING TO PROCEED IN THE PREPARATION AND ISSUANCE OF THE REQUESTED REPORT BUT FOR ALL PARTIESR AGREEMENT THAT THE COMPANY'S LIABILITY IS STRICTLY LIMITED. ALL PARTIES AGREE, AS PART OF THE CONSIDERATION FOR THE ISSUANCE OF THIS REPORT AND TO THE FULLEST EXTENT PERMITTED BY LAW, TO LIMIT THE LIABILITY OF THE COMPANY, ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, CONTENT PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AND SUBCONTRACTORS FOR ANY AND ALL CLAIMS, LIABILITIES, CAUSES OF ACTION, LOSSES, COSTS, DAMAGES AND EXPENSES OF ANY NATURE WHATSOEVER, INCLUDING ATTORNEY'S FEES, HOWEVER ALLEGED OR ARISING INCLUDING BUT NOT LIMITED TO THOSE ARISING FROM BREACH OF CONTRACT, NEGLIGENCE, THE COMPANY'S OWN FAULT AND/OR NEGLIGENCE, ERRORS, OMISSIONS, STRICT LIABILITY, BREACH OF WARRANTY, EQUITY, THE COMMON LAW, STATUTE, OR ANY OTHER THEORY OF RECOVERY OR FROM ANY PERSON'S USE, MISUSE, OR INABILITY TO USE THE REPORT, SO THAT THE TOTAL AGGREGATE LIABILITY OF THE COMPANY, ITS EMPLOYEES, AGENTS AND SUBCONTRACTORS SHALL NOT EXCEED THE COMPANY'S TOTAL FEE FOR THIS REPORT. ALL PARTIES AGREE THAT THE FOREGOING LIMITATION ON LIABILITY IS A TERM MATERIAL TO THE PRICE BEING PAID WHICH PRICE IS LOWER THAN WOULD OTHERWISE BE OFFERED WITHOUT SAID TERM. ALL PARTIES RECOGNIZE THAT THE COMPANY WOULD NOT ISSUE THIS REPORT, BUT FOR ALL PARTIES' AGREEMENT, AS PART OF THE CONSIDERATION GIVEN FOR THIS REPORT, TO THE FOREGOING LIMITATION OF LIABILITY AND THAT ANY SUCH LIABILITY IS CONDITIONED AND PREDICATED UPON THE FULL AND TIMELY PAYMENT OF THE COMPANY'S INVOICE FOR THIS REPORT. THIS REPORT IS LIMITED IN SCOPE AND IS NOT AN ABSTRACT OF TITLE, TITLE OPINION, PRELIMINARY TITLE REPORT, TITLE REPORT, COMMITMENT TO ISSUE TITLE INSURANCE, OR A TITLE POLICY, AND SHOULD NOT BE RELIED UPON AS SUCH. IN PROVIDING THIS REPORT, THE COMPANY IS NOT ACTING AS AN ABSTRACTOR OF TITLE. THIS REPORT DOES NOT PROVIDE OR OFFER ANY TITLE INSURANCE, LIABILITY COVERAGE OR ERRORS AND OMISSIONS COVERAGE. THIS REPORT IS NOT TO BE RELIED UPON AS A REPRESENTATION OF THE STATUS OF TITLE TO THE PROPERTY. THE COMPANY MAKES NO REPRESENTATIONS AS TO THE REPORT'S ACCURACY, DISCLAIMS ANY WARRANTIES AS TO THE REPORT, ASSUMES NO DUTIES TO ANY PARTIES, DOES NOT INTEND FOR ANY PARTIES TO RELY ON THE REPORT, AND ASSUMES NO LIABILITY FOR ANY LOSS OCCURRING BY REASON OF RELIANCE ON THIS REPORT OR OTHERWISE. IF ALL PARTIES DO NOT WISH TO LIMIT LIABILITY AS STATED HEREIN AND ANY PARTY DESIRES THAT ADDITIONAL LIABILITY BE ASSUMED BY THE COMPANY, ANY PARTY MAY REQUEST AND PURCHASE A POLICY OF TITLE INSURANCE, A BINDER, OR A COMMITMENT TO ISSUE A POLICY OF TITLE INSURANCE. NO ASSURANCE IS GIVEN AS TO THE INSURABILITY OF THE TITLE OR STATUS OF TITLE. ALL PARTIES EXPRESSLY AGREE AND ACKNOWLEDGE THAT ALL PARTIES HAVE AN INDEPENDENT DUTY TO ENSURE AND/OR RESEARCH THE ACCURACY OF ANY INFORMATION OBTAINED FROM THE COMPANY OR ANY PRODUCTS OR SERVICES PURCHASED. NO THIRD PARTY IS PERMITTED TO USE OR RELY UPON THE INFORMATION SET FORTH IN THIS REPORT, AND NO LIABILITY TO ANY THIRD PARTY IS UNDERTAKEN BY THE COMPANY. ALL PARTIES AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, CONTENT PROVIDERS, OR ANY OTHER SUBSCRIBERS OR SUPPLIERS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AND SUBCONTRACTORS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, INCOME, SAVINGS, DATA, BUSINESS, OPPORTUNITY, OR GOODWILL, PAIN AND SUFFERING, EMOTIONAL DISTRESS, NON - OPERATION OR INCREASED EXPENSE OF OPERATION, BUSINESS INTERRUPTION OR DELAY, COST OF CAPITAL, OR COST OF REPLACEMENT PRODUCTS OR SERVICES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, THE COMPANY'S OWN FAULT AND/OR NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTIES, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE AND WHETHER CAUSED BY NEGLIGENCE, ERRORS, OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, THE COMPANY'S OWN FAULT AND/OR NEGLIGENCE OR ANY OTHER CAUSES WHATSOEVER, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY FOR SUCH DAMAGES. THESE LIMITATIONS WILL SURVIVE THE CONTRACT.] 4155383 11/03/2015 03:50 PM Total Pages: 13 Rec Fee: $71.00 Carly Koppes - Clerk and Recorder, Weld County, CO RnvedaS Me,eee.cdbr 731, don,asat ..„ Coq ad to be tnadege,ir for .<a,avg p.rpa.a DEPARTMENT OF PERSONNEL & ADMINISTRATION STATE ARCHIVES AND PUBLIC RECORDS I9ferefy Certfy that the annexed copy (or each of the annexed copies} is a true copy of a record in the fegaf custody of the State Archives of Colorado, andis filed among the records of IN THE COUNTY COURT, COUNTY OF WELD, STATE OF COLORADO deposited therein NO. 2229 IN THE MATTER OF THE ESTATE OF BENJAMIN F. TWOMBLY EXCERPTS, LETTERS TESTAMENTARY, FILED MARCH 26, 1921, 1 PAGE. TOTAL 12 PAGES. iir*FY PAUL LL J STAFF ARCHIVIST OF COLORADO STATE ARCHIVES 10/2812015 DATE 4155383 11/03/2015 03:50 PM Page 2 of 13 I. BENJAMIN F. TWOMBLY, of the City of Fort Lupton, County of Weld, and State of Colorddo, do hereby make, publish and decla•-e this my last WILL AND TESTAMENT, in manner and form following: FIRST: I direct that all my just debts and funeral expenses be paid as soon after my decease as conveniently can be done. SECOND: I give and bequeath to my sister, Mrs. Katie S. Smith, wife of James S. Smith, now living near Helena, ,lontana, should she survive me, One Thousand Dollars (01,000.00)1 should she depart this life before me, it is my will that said bequest lapse and revert to and become part of my residuary estate. THIRD: I give and bequeath to my children, Sarah A. Monismith, wife of Dr. A.T. Monismith, now living in Port Lupton, Colorado, Della Louise Griffith, wife of O.W. Griffith, now living near Durango, Colorado, Margaret May Twombly, now living in Fort Lupton, Colorado, and Lena Marie Twombly, now living in Fort Lupton, Colorado, one half of all my personal property, of whatever kind or nature, of which I may die seised or to which I may be entitled to at the time of my decease, they to share equally therein. Should any of my said children depart this life before me leaving issue surviving her or them, then and in that event, the share or shares of such deceased child or children shall go to such surviving issue, per stirpes, Should any of my aforesaid children depart this life before me leaving no issue surviving her"or them, then and in that event, the share or shares of such deceased child or children shall lapse and such share or 4155383 11/03/2015 03:50 PM Page 3 of 13 shares shall be divided equally among my aforesaid surviving children or their issue them surviving. FOURTH: I give and devise to my wife, Nary Magdalena Twombly, the balance of my personal estate of which I may die seized or to whioh I may be entitled to at the time of my decease. FIFTH: All the rest, residue and remainder of my estate, real, personal or mixed, wheresoever situate, of which I may die seized'or to which I may be entitled to at the time of my deceased, I give,, devise and bequeath to my wife, Mary., Magdalena Twombly, to have to and to hold to her sole use and benefit during her life, with remainder over to my aforesaid children to vest in them and their heirs, subjeot to the fol- lowing limitations, in fee absolutely and forever. It is my will that my said children, upon the decease of my said wife, shall take share and share alike in said estate, should they all be living, except that I reserve to those of my aforesaid children who shall be ,living and unmarried at the time of the decease of my said wife, Mary Magdalena Twombly, the sole use end possession of those premises known as the "home place", together with all the tenements, hereditaments and appurtenances thereunto belonging, described to -wit: The Northeast quarter west'quarter of Section Four , Sixty-six West of the 6th Principal Meridian, which premises such child or children shall have and hold to her or their sole use and benefit until such time as all of my said unmarried daughters shall be either mattied or deceased. Upon the more partioularly as follows, of Section Five and the North - all in Township One North, itange 2 • 415538.3 11103/2015 03:50 PM Page 4 of 13 happening of which event said premises -stall vest equally in and become the common property in fee of my said children, or their issue them surviving, said surviving issue:, if any, taking their deceased mother's share per stirpes. Should any of my said ohildren depart this life prior to the decease of my said wife, leaving no issue her or them surviving, then and in that event, the share or shares of such deceased child or children shall descend to and vest in fee equally in my surviving child or children, or in their issue them surviving. SIXTH:. Should any of the gifts, bequests and devises made. by me in this my last WILD AND TESTAMENT, lapse or fail for any reason, I direct that the gifts, bequests or devises so lapsing and failing shall go to and form part of my residuary estate and I hereby nominate, constitute and appoint my wife, Mary Magdalena Twombly, as my residuary legatee. SEVENTH: I nominate', Constitute and appoint my wife, Mary Magdalena Twombly, of the City of Port Lupton, State of Colorado, executrix of this my last WILL AND TESTAMENT. In theevent of the death, refusal or inability to act of said Mary Magdalena Twombly, I hereby nominate and appoint Sarah A. Monismith, wife of -Dr. A.T. Monismith, now living at Port Lupton, Colorado, as executrix in her place and stead. I further direct that neither of the persons above named as executors shall be required to give any bond or security for the proper discharge of their duties. EIGHTH: I hereby revoke all former and other Wills and Testamentary dispositions by me at any time heretofore made. 3 4155383 11/03/2015 03:50 PM Page 5 of 13 EIGHTH: It is my earnest and final request to my heirs and the benefioaries under this my last WILL AND TESTAMENT that they do not contest this my last WILL AND TESTAMENT, but accept the benefits hereof as distributed. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my seal at Fort Lupton, County of Weld, and State of Colorado, this /7.,a day of March, A.D. 1917, the presence of and whom I have requested to became attesting witnesses " ereto. The foregoing instrument was subscribed, sealed, published and declared by Benjamin F. Twombly, as and for his last WILL AND TESTAMENT in our presence and in the presence of each of us, and we,at the same tire,at his request,in his presance,and in the presence of each other, hereto subseribed.our names and residences as attesting witnesses this / 7 day of March, A.D. 1917. 4 rr.'v.^ =N. C• IZD D rrLFOR raor1ATE krN / FOR PrrfAi7RI:a THE. --- A. O. 1?,la .T COUNTY r;GCC+iO_O W WILL r;COW D....1-.-., PAa6.`Y/ J. F. REDMAN, CLERK DEPUTY CL E,t rt ORDER ADMITTING WILL Tt OBATE—The Weld County News print. STATE OF COLORADO, SS. County of Weld. In the Matter of the Estate of No. 9-7_2 4155383 11/03/201 Page 6 of 13 IN THE COUNTY COURT, IN PROBATE 03:50 PM ORDER ADMITTING WILL TO PROBATE -- fr_Sej-�• a si�_� .........._;ATM Cam" Deceasca t/ This day come ri" •` ., 5_ r� '' , ` sf Jr_.i - L / - Wi=--" V Ytetl-GOTRecsra• al BO' and thereupon, the petition coming on to be heard for the probate of the instrument— of wilting heretofore filed M this Court, purporting to be the last will and testament—__..__._.-...�.�.,,--_------_-_- of the said de- scased; and It appearing to the Court that on or about the—_-lu�...__— clay 'of _L./ -a-._• - t_s' -1-::- A. D. ED21 -- .=--..-.s-f-L�xa7 -1_: _e_! __C-Ll _._»_ late of `..„.*-0-4.-Z----.4:' ... • Weld County, in the State of Colorado, _ _ departed this life leaviTa writing purporting to he _,.1- last will and testament, ----- ..� ___ nod having at the time of ="`-__ .L de- cease real or personal pi:el:wily in the County of Weld; and it appearing to the Court that heretofore, on, to -wit: the _— % —_— day - L ! I•..a-2--_y -_, A. D. 1'i,7?, the said instrument of writing, tc- gether• with a petition for the probate and recg thereof, __...,r -t • '`-..1 ti-� filed in this Court, and that citation___..duly issued to the heire at law, legatees and devisees gu•rdt... „a lltem. tip- pointed-bythc-Court-forth sinar lcireitt, and that said citation, LY `' F duly served, as evidenced by the returns thereon ° and:bylLeaftldanit.of-the.publlsher of -the -, - / as-prowded-isy-raw; and it further appearing that the said writing purporting to be a will, bears date the T. . / k•'f j! day of __--'.'' �•' '.r-�- A. D. 1B�C.� and is signed by �L_'�lw '-LR� ; and 4T'-- : :y,,,......." ..„5:1"; -:t1, -..k::).4-1 r :_ " x,., „,„L as subscri,Ing witnesses the to; end it appearing from the testimony of th'c said f/.-*/. . ,I.. w'• . - ._..._ �.__ f i' , lr � r",rr' , introduced in open Court .._ _ _- _ _ _ that they and each of them subscribed their names to the said instrument as attesting witnesses thereof at the re- quest of the said ��.•. -° �- _-= '-_' _—✓-�__'! --- _..-, the said testat4`'_" and in tss:._, presence and in the presence of each other, pCnd that the said tcstat'then and there subscribed ci^ ✓!name to the said instrument in their presence and declared or acknowledged the same to he last will and testament, and that the said testat4 :.at the time of the execution as aforesaid, was of lull age, of sound mind and memory, and under no constraint. d it further appearing to the Court that — writing__- purporting to be —__- codicil...-.-_ to the instrumen - oresaid, and heretofore filed herein, bear____datc—__ and ....__.--•r-___ witnessed as follows, to -wit; 1. bated - - -- ; Witnessed by _ — --------- . and - 2. Dated — »»» ; - Witnessed by and -- and it further appearing from the testimony ofsaid witness,=- • introduced in open Court ----- r --- '------_-.._-__-_---------------------- that they and each of them subscribed their names to the sai said date--_, as afaressaid at the request of the said once of each other, `that the said testat____ then and ment-- in '> presence and declared or acknowledged meet, and rat the said testat—, at the time— of the sour Ind and memory, and under no constraint; NOW, THEREFORE, No one objecting to the validity sufficiently advised in the premises, Both find that the said ..instrument as witness_.___..-_-__— -------- thereof, respectively, at the testat—», and in �� presence, and in the pros - there subscribed ---- taane to the said instte- the same to be a codicil to — _Iast.ivill and testa - execution as aforesaid, respectively, was of or legality of the said instrument, and the Court being Will —_--------.--- _ ----- — --- was duly ex- 4155383 11/0312015 03:50 PM Page 7 of 13 ,,G? seated and attested as required by law, and that `G f==r-�'-j� s-��--i�'�r"�- the said testat_tri4; r at the time=r- of executing the same, was of full age, of sound mind and memory, and milder no constraint, and that said deceased was, at the time o€ death, a resident of, and had real or personal property in the County of Weld and State of Colorado; wherefore, it is Ordered that the said instrument if i��t (fie and hereby admitted, received and deemed as and for the true last will and testamint �.. of the said f .:. r.. . - - deceased; and i .further appears► g to the Court that the said testate"✓_ nam- ed ! '�f {� 7 e• �f i .�c . execut lthoreof-- and no one Wetting/thereto, and the Court being bufficiently advised in the premises it • Ordered that �G� �—�a-- '�"���a,..,1 �.� f . "t`, . � a r� r i of t]�e last syrll and testamefrt _� _ ----- --- be appointed. s=r�.-...•�' of the said __..'me..• • ' ` j J :.; A` deceased, * upon filing bond in the penal sum and amount of s -1 z s.+�' e- i. - -�--_ Dollars, and taking the oath as prescribed by statute. Done in open Court this day of > ��- =fi r A. D. 2 _4. .. ! • ,,e/ f /..// '• ,/\ 4155383 11/0c0103:50 PM Page 8 of 13 STATE OF COLORADO ) ) SS. COUNTY OF WELD IN THE MATT1 R OF THE ESTATE OF BENJAMIN F. T'VOMBLY, Deceased. ) ) IN TJD COUNTY COURT IN PROBATE No. DECREE And now on the 23rd day of April, A. D. 1923, comes Mary M. Twombly, the executrix of the estate of Benjamin F. Twombly, deceased, and presents to the court a final report of her acts and doings as such executrix, asks that the same be approved and that she be discharged and said estate de- creed to be fully administered according to the law. And it appearing to the Court from the records and files herein, and the Court doth find that Benjamin F. Twombly departed this life on or about the 2eth day of January, A. L. 1921, and thereafter Mary M. Twombly was duly appointed execu- trix of said estate. And it appearing to the Court and the Court doth find that a notice to creditors to file claims against said estate was published, in the manner and as required by law, and that all claims alloyed by the Court against said estate, and all costs of administration, including Inheritance Tax and fees have been paid. And the Court doth further find that more than one year has elapsed since letters were issued herein, and that there has been published, in the awn ner and as required by law, and in accordance with an order of this court, a notice that said final report would be presented for approval on Monday, the 13th day of February, A. D. 1923, and that the hearing thereon was rs:rcularly continued to this date. 4155383 11/03/2015 03:50 PM Page 9 of 13 And it appearing from said report, and the Court doth find that said Mary M. Twombly has received for and on behalf of said estate the sum of Forty-four thousand One hundred fifty-four and 83/100 ($44,154.83) Dollars, and has expended the sum of Fourteen thousand Two hundred ninety- five and 81/100 ($14,295.81) Dollars, leaving in her hands in cash the sum of Twenty-nine thousand Eight hundred fifty-nine and 02/100 ($29,859.02) Dollars, together with the following property to be distributed according to the Will to the fol- lowing named legatees as follows, to -wit: U. S. Bonds as follows: 1 Second Liberty Loan Bond Conv.41% No.40663 1 Third Liberty Loan Bond 41% No.118003. . 1 Fourth Liberty Loan Bond 4##__ No.115405. . 1 Fourth Liberty Loan Bond 4 No.90434 Certificates of deposit in Ft. Lupton State Bank. . 15 head of horses (3 having died since the filing of inventory) . . 3 head dairy cows and one calf used farm machinery and harness 150 shares Flavo Mill & Ele. Co. Stock Cert. No. 51 39 17 U a rt rr rT tr a t' 144 207 " The Fulton Irrigation Ditch Company 300 " Industrial Sugar Company The Fulton Extension Reservoir u rt . 1500.00 . 500.00 $1000.00 .$6000.00 8 a 20 20 a 500.00 . $300.00 rr n u n The New Fulton High Line Irrigation and Storage Company The New Fulton High Line Irrigation and Storage Company 5 '" of the capital stock of the Fort Lupton State Bank, Certificate No. 6 Ray E. McClave & S. D. Philip note prin. sum . . . . $2000.00 New Fulton High Line Ditch Company note a $300.00 n II H a It tt II $200.00 The Fulton Irrigetion Ditch Co. note prin. sum . . . $3000.00 E. S. St. John note principal sum $2000.00 Mrs. S. E. Cheeley and A. C. Cheeley note prin. . . $550.00 St. John Realty Company note principal sum $6000.00 And the Court Both further find that Mary M. Twombly fully administered the estate of said decedent which has Company has come to her hands end has fully performed her duties a's such executrix and as provided by law. IT IS FURTHER ORDERED, ADJUDGED AID DECREED that the said final report and all acts and doings of said Mary M. Twombly in and about the administration of said estate be, and the same -2- 4155383 11/03/2015 03:50 PM Page 10 of 13 are hereby in all things fully ratified, confirmed and approved by the Court, and the said Mary M. Twombly is further ordered to distribute the money and personal property in her possession, to the following named legatees, or their legal representatives, as follows: To Mary Magdalena Twombly, cash . . . . . . . $3.6179.50 To Sarah A. Monismith, cash $3544.88 and U.S. Bond 2nd Lib. Loan Contr. 4 No.40683, $500.00 $4044.88 To Margaret May Twombly, cash $3044.88 and U.S. Bond 4th Lib. Loan 44 No.90434 $1000.00. . . $4044:88 To Della Louise Griffith, cash $3544.88 and U. S. Bond, 3rd. Lib. Loan 44 No.118003 *500.00 $4044.88 To Lena Marie Twombly, cash $3544.88 and U.S. Bond 4th Lib. Loan 44 No. 115405, $500.00 . . $4044.88 and that the balance of the personal property of said estate be set off to said legatees in the following undivided amounts: Mary Magdalena Twombly, an undivided one-half interest therein, Sarah A. Monismith, Margaret May Twombly, Della Louise Griffith and Lena Marie Twombly, an undivided one -eighth interest therein, respectively. And the said Mary M. Twombly, executrix, is hereby di- rected to make all endorsements and assignments necessary to give full force and effect to this decree. IT IS FURTHER ORDERED that when the said executrix has made distribution of the personal property of the estate of the above named decedent as herein provided, and filed proper receipts therefor in this Court, that she be discharged and her bondsmen released from further liability in he pre es Done in open court this _____day of 3, A. D. 1923. BY THE COURT: iy —3— 4155383 11/03/2015 03:50 PM Page 11 of 13 Letters Testamentary, of Administration, Conservatorship, Guardianship, Etc. The Trlbune•Republican, Greeley. Colo. (Officially adopted by the County Judges' Association of Colorado. March 12, 1904) STATE OF COLORADO, }ss. COUNTY OF WELD, It THE COUNTY COURT IN THE MATTER OF THE ESTATE OF B 1 et1j11. F.,. T mmb1y i!Ltu iN COUNTY COthf weld L'J uill 1, Colorado MAF' I li 1`.1'i E. REDiMAN ;1,., � - - LETTERS To..qtamentary The People of the State of Colorado, to all to whom these Presents shall come —GREETING: I{NOW YE, That whereas, at the Term, A. D. 19.21, of the County Court of aid County, holden the City of a ley in said County, .7..7. of said County, w.9.S.. on the 47.2 day of .., A. D. 19..2;; by an order of said Court made and entered of record, duly appointed of the estate of Ben jazn-ri .F...T1yozab.1.y who° 4PP ted..t]x1,q. 1J,t' ,411, NOW, THEREFORE, We doh by constitute and p o�intthe sal to be . ;tile .Exec.utriz of the estate of said .....B.eTI WITNESS, - '��'"""lam Clerk of said County Court of Weld Co, , at his office in Greeley in said County this.... day of .. March A. D. 19.2-., and the seal of said Court hereunto affixed. "�— Clerk Deputy Recorded in ... $: ..............Record I. at Page / , Clerk. By 2gcf. Deputy. • Departed this life on the........__ -..-»..day of _ ._., A D. 19—, or, was adjudged to he a mental incompetent on the. day A. D. 19—.. or, is a minor. as the case may be. 2:may Yon,, 1-010. I'P.TITION FOR L nS TESTA0ItNTAILY.—Tho Out'141 Panting and Si cry Coa l Cop'r� {Oliseinlly ,doptrd by tLo Cwmty Judges' Aanrintiow of Colorado. March 11, 1161.) STATE OF COLORADO, County of_--.. Weld. ....... l 6R. IN THE COUNTY COURT. •i • IV • IN VIE MATTED OF VIE LAST WILL AND TESTAMENT 01-' PETITION'O.F a.Cnja.3r1Ii F. Tlorlly DECEASED. For Probate of Will and Letters Testamentary. To the Hon._... ... .. , Judge of the County Court of.... Weld_ .-- - _ . .. .. _County, in the State of Colorado. The petition of the undersigned. ......................._....-- respectfully represents that.. _ Benjamin F.. Twonib1 ............. .... . _]atc of the --of.. .tort _Lupton..-.. ..in the County of... and State of Colorado, departed this life on or about tire.. ...... _...2£tt,:-- day of wwntlsry. .A. D. 19. 21 , leaving a last Will and Testament, duly signed, published and attested, as believed by your petitioner, and which by_... el .. ...is herewith presented to your Honor for Probate. That said Will is suhsrribed by. and. ... .... . of_...._.. ..., ... as witnesses to the csecution thereof. That the said testa.tO2 ...in.. Ms .said last Will nominated and appointed_.... .'ary.�e4aale.liLr...?'.:'t:GM1:3Y of 1'ort._Lp.,pto?n, Colo.. • your petitioner.. ..Exccut_.X`.j.Z-.-thereof, and that your petitioner....... 3.5 willing anti ready to accept and undertake the office and trust confided to her . Your petitioner would further show that said deceased left h i.r .surviving as his .-sole and only hairs at law, devisees and legatees, as follows, €o -wit: NAME (.State if Minor) RP.SiDINCE I RELATIONSHIP INTEREST 21,2_ry_.. ' atgda1e.Y?a..T.lo7Gb1Y-.. ..-Q1't .Lupt.on, ...... 711.5Ott Sea'LLI--... . .... Della..Loui.s.r.._.Ca:i,ff. tLem. Tworably n.... do do D auf,3' t.e', I I :1 Lupton O zrn ny 1 ZI••" And this petition further shows that the said.- x.511. j amir) F.. Tw.c •h lu - ry y died seised anti possessed of Real Estate as follows, to-wit:_..�d-.E.:i SE,e,,..._5 .':L'd i:.i:.:y-��t'Cr_.. 7'1.o._,__�v.4e. ee of 6th T.M. .S.. 1/2 of .Soo..-dJ--.Tottiltshill-2--N-, .Sno......7,:rxrp. 1..It..G4 ,-.... said Real Estate being estimated to he worth about...... ..."071,000.00.-. .... ..DOLLARS, the rents, issues and profits therefrom being estimated to be worth about._ ...... ............. 5COU.0(7 ....... - „.......DOLLARS; that the Personal Estate consists chiefly Notes, Stocks, --.Loners and Chattel Property . of the following, to -wit• all of said Personal Estate being estimated to be worth about. $2500.00 Doanans. In consideration whereof, and to the end that the said Will may be proved, established and per- formed, your petitioner......prays.-_.that the subscribing witnesses aforesaid may be summoned to be and appear before this Court on Monday, the '7th day of ?karat _ A. D. 1021__.., then and there to testify in the•matter of the said Will,.as it may please your Honor to direct; and that Probate of said Will may be thereupon granted, and the same ordered for record. s'i4O.000.:00 4155383 11/03/2015 03:50 PM Page 12 of 13 4155383 11/03/2015 03:50 PM Page 13 of 13 And your petitioner further pray .4...that it may please your Honor Lo grant .. -...'_f;.3' . . ................ ........ ... . . Letters Testamentary of said last Will end Testament, uponber................. .............. taking the oath prescribed by the Statute end entering into bond in such sum and with such securities as may he approved by your Honor. ....1. z .?mss ..rLs Gr STATE OF COLORADO, ss. County of---.....-' Cl.......................... . _.Z2xyyT umbly being duly sworn, deposes and says, that the facts averred in the above petition are true according to the best of her ...-knowledge, information and belief. Sworn to and subscribed before me, of the County Court ..... ...County, this.-.3E't�t.�day of_ Cbru 'y..A. D. 19..21 IN THE MATTER OF THE ESTATE OF 0 0 U PETITION OF o� v a S 5- • SEP 2 1943 7r- Recotded at o` Lieu''' Reception No.' ."-6 Ann Sporner, Recorder LAST WILL AND TESTAMENT - BON 1.116 PaCE 4133 I, Mary Magdalena Twombly, of the 'City of Fort Lupton, County of Weld, and State of Colorado, do hereby make, publish and declare this my LAST WILL and TESTAMENT, in the manner and form as follows: FIRST: I direct that all my just debts and funeral expenses be paid as soon after my decease as conveniently con be done. _;,:,:.3,SECOND: All the rest, residue `and remainder of my :es'C .4'real, personal and mixed, wheresoever situate, of 41 i may die seized or possessed., or to which I may be `mi`lled at the time of my decease, I direct shall be di- a#.eled into eight equal shares. Then I give and bequeath two of said shares, that is to say one-fourth of my entire estate to my daughter, Della Louise Griffith, wife of C. W. Griffith, now living near Durango, Colorado; I give and bequeath two of said shares, that is to say, one-fourth of my entire estate to my daughter, Margaret May Twombly, now living in Fort Lupton, Colorado; I give • and bequeath two of said shares, that is to say one-fourth of my entire estate to my daughter, Lena Marie Apel, now living in Fort Lupton, Colorado; I give and bequeath one share, that is to say one -eighth of my entire estate to my granddaughter, Helen Margaret Monismith, now living in Fort Lupton, Colorado; and I give and bequeath one share, that is to say one -eighth of ray entire estate to my granddaughter, Carol Louise Monismith,- now living in Fort Lupton, Colorado; subject however, to the following limitations: Should any of my aforesaid children or grandchildren depart this life before me, leaving issue surviving her or them, then and in that event, the share or shares of such deceased child, children or grandchildren shall descend and go to such surviving issue per stirpes. Should any of my aforesaid children or grandchildren depart this life before me, leaving no issue surviving her or them, then and in that event, such devise and bequest as to such deceased child, children or grandchildren shall lapse, and such share or shares shall be divided equally among my aforesaid children and grandchildren or their issue them surviving. THIRD: I nominate, constitute and appoint my son-in- law, Doctor Arthur T. Monismith, now residing in Fort Lupton, -Colorado, as executor of this my last WILL and TESTAMENT. FOURTH: I authorize and empower my executor herein - above named, and his successor or successors, to sell and dispose of all or any of the real, personal and mixed estate of which I may die seized or possessed, at public or_private sale, at such time and on such terms and conditions as he, the successor or successors shall deem meet and proper, and to execute, acknowledge and deliver all proper writings, deeds, conveyances and transfers thereof. FIFTH: I hereby revoke all former and other Wills and Testamentary dispositions by me at any time heretofore made. 8004116 FAGE434 IN WITNESS WHEREOF, r, the said Mary Magdalena Twombly, .have to this, my last will and testament, contained on two. sheets of paper, and to this last sheet thereof subscribed my name and affixed my seal in the presence of two witnesses, this 6th day of JUNE, in the year of our Lord Nineteen Hun- dred Thirty-nine. MARY MAGDALENA TWOh'iBLY .Testatrix. • Subscribed, sealed, published,.acknoWledged, and declared by the testatrix, Mary Magdalena Twombly, as, for and to be her last wia.l and testament in our sight and presence, and in the sight and presence of each other, we and each of us do sign our names as attesting witnesses the day and year above written. BEATRICE STIRLING WALTER A. LEE Presented and filed for probate this 7th day of October A. D. 1942, and set for -hearing the 19th day of October A. D. 1942 'Recorded in Will Record 4, Page 578 R. I. SHAKLEE, Clerk by . A B ILLINGWORTH Deputy Clerk 300HI1-1-6 fAGE435 STATE OF COLORADO,) COUNTY OF WELD )ss IN THE MATTER OF THE ESTATE OF MARY ) I:AGDALBNA T,JOMBLY, also known as ) MRS. B. F. T'JJOF.1BLY t ) Deceased ) IN THE COUNTY COURT, IN PROBATE No. 5275 ORDER ADMITTING WILL TO PROBATE This day comes Margaret I.i. Twombly, and by her attorney f1. B. Critt, Esq. mikzxrzoczxalmx ; and thereupon, the petition coming on to be heard for the probate of the instrument of .writing heretofore filed in this Court, purporting to be the last 'will and testament of the said deceased; and it appearing td the Court that on or about the 27th day, of September , A.D. 1942 , Mary Magdalena Twombly late of Ft. Lupton ;Weld County, in the State of Colorado, departed this life, leaving a writing purporting to be her last will and testament and having at the time of her decease real or personal property in the County of Fleld;.and it appearing to the Court that heretofore, on to wit: the 7th of October day A.D. 1942, the said instrument of writing, together with a petition for the probate and record thereof, was filed in this Court, and that citation s duly issued to the heirs at law, legatees and devisees mid:Xxxx ate1E.Zi' nXZL ZlkA ,.?. f-7,clrt3`e CI ar7 Yg.cia-42I rx4 rr. 5� xxxxbionA ty and that said - acceptance of service of citation citation s were duly served, as evidenced by i•he /ne±,t( szxho11nxtixzxzxamt, ,:Ktz and consent to the probate of the will of said deceased filed by all of the o .•Ydx'zbtznt>` zkits i2i;ttaeszx ) as provided by law; heirs at law, devisees and legatees herein, and it further appearing that the said writing purporting to be a will, bears date the 6th day cf June , A.O. 1939 , and is signed by Beatrice Stirling and Walter A. Lee as subscribing !witnesses thereto; and it appearing from the testimony of the said Beatrice Stirling and ,'!alter A. Lee , introduced in open Court that they and each of them subscribed their names to the said instrument as attesting witnesses thereof at the request of the said Ivlary Magdalena Twombly 7 the said tr,stat rix , and in her presence and in the presence of each other, and that the said testatrix then and there subscribed her name to the said instrument in their presence and declared or acknowledged the same to he her last will and testament; and that the said testat rix at the time of the execution as afiresaid, was of full age, if sound mind and memory, and under no constraint. t Lit rther a g--te.-the-Ceu-r i# rtg u or-txnlaae----- as ; i ta�tha�ins#amet�afrssai,—aesar-stfor� Bled-harsi n be$r mate -and_ _ w 4nf+srPri-a°�LoZIa� sooi1l b PAGE436 2. De ; witnessed by and. it further ..earing from the testimony of said witnesses introduced in open co that they and each of them subscribed their names to the said instrument as witnesse hereof, respectively, at. the said date aforesaid, at the request of the said to t , and in presence, and in•.• the presence of each other, and that the said•te t subscribed name to the said instrument in thei presence end declared or acknowledged the same to be a codicil to last will and te ament, and at the time of the e ution. that the said tivelvla.5o�1 ate, sou then and there I as i i e. der n NOW, THEREFORE, No one objecting to the validity or legality of the said instrument , and the Court being sufficiently advised in the premises, doth find that the said Will was duly executed and attested as required by law, and that Mary Magdalena Twombly , the said,testat rix , at the time of executing the same, was of iU ll age, of sound mind and memory, and under no constraint, and that said deceased was, at the time of death, a resident of and had real or personal property in the County of Weld and State of Colorado; wherefore, it is Ordered that the said instrument of writing be and hereby is admitted, received and deemed as and for the true last will and testament of the said Mary Magdalena ,Twombly deceased; and it further appearing to the Court that the said testat rix named Dr. Arthur T. MonismiZh as executor thereof; and it appearing to the court that said Dr. Arthur T. lonismithaxAwoexxilcxxxxxttmxuo c has filed herein his refusal to accept said executorship and requests that Margaret May Twombly be appointed Administretrix conixErotvziexiatzdzatna ckh etxzeat zkincZnizixtz with the Will annexed, and no one objecting thereto, and the Court being sufficiently advised in the premises, it is Ordered that Margaret M. Twombly administratrix with will /a ofetri last will and testament of the said Mary Magdalena Twombly deceased, upon filing her be appointed bond in the penal sum end amount of Twenty-four Thousand & No/100 - - Dollars, and taking the oath as prescribed by statute. Done in open Court this 19th day of October A.D. 19 42 Recorded in Executor's Book H page 142 0Q%11Th FAtE 437 STATE OF COLORADO ) E4e. COUNTY OF WILD . ) IN THE MATTER O1 'HTTHT TSTA ' OF Mary Magdalena Twombly niso known as Mrs. B. F. Twombly) Deceased IN THE aouitTY COURT ' NOT. 5275 DECRNE OF FINIAL 5GIT'.tLT MT '1T And now on this day Dome =garet M. Trromb1Y the AdInir intratrix- i h-VIil1-nnexed of the Estate of Mary ."rillda:l.omTTrrombly, also known o� Mrs, 11. 1�'. 'Trromby dcoo; ped., and presents to the Court c final report of ylor notfs end doings as nuch, asks that the some be approved and th:.t be dineharged and. said estate deormed to be fully administered aocordine to 1:;r. And it appearing to the Court, from the records and files heroin, and the Court doth find. that Mory T r cdalona T'womblyt also kno' t c. tags. B. F. Tiromb ,Y dopnrtea this life on or lbont the ?7tji day of Cootember ., A. D. 10$?1 and th ;t on the 10th day o£ .October , A. D. 19 , Lettors c ' zA»: ni i:r,"tien noro i."l suO. -to Norf ; ` rye J A. '1�:',omb �;,.�_..,,�._:,,• And it further appearing to the Court Rnd. the Court doth find 1;11!t a not;ioe to eroditars to file claims r,t� ninf t; c :1.d- entate was pubIishotL, in the manner and r.s Yeruiro by l -w and t Z t 1l olt).itn:a allowed by tho Court af :. innt sc,ic1 Y ut..a e, ni &1 all uo .to of aidm .niotr;. ion including Inhex' .a::nee 'J.`,.!xf:.$1 and f't:,?J Y..'.ij j))1 And the Court doth fui'i.;hex, find that more t: an n� x matl-i,hn has e'l::.psed uit1:e legs,ere are ir'e ed heroin rud1 th.r.t there hr,e been nublithrd, in the =liner And f s voquirect b'r L ':, ^nc? in. aacorcl{rync , with an order or this Court, a notice th t e -id final rorzoi't; would. be prenented for -, prov' 1 on TuesC v the 3rd day of lu tst A. D. 1043, rnd tht the ho. vine thereon tAka regul.'r'.}.y contii1UW to this any. Ana it appc;aring from ec;id re;.,ort, and the Court doth find, th t c:: Id I;r•+.r,f:not M. Twombly hi,s received, for and on behalf of e„id Eht: i:ca, the ;,,,m of ':2()),533.35 y and has expended the Eautn 'o2;11,061.95 , 1GVinr in her hands the s1?t:i of ------ la7►-l?l.' 0 to :;e distributed to the following m-.t:IOd tb-writ: • pr] J e Lou 1 ^P . (iT'J . th.0 -71f0_ of 0, i'i , Graf,t.1I h ('! ) s;r'_. i 7. R5 Or, 114�i:on, CiolorpOo (; •) 4'E'iy 6 1 L2alz i ..,+, , acoo.._...........,.,. Jig 'rr'1 'f,roj sp Jklnn1; tt11 th, port LuntopL, Coln. (1/n) 71f3.9a BOOK 1 16 FAR 438 And the court further finds that heretofore an order was. made and entered authorizing said adminiatratrix to soil and diaposo of the personal property of said ast, tc consisting of the following itomc: of cattle, household furniture, 1041 four door Ford i'anclom automobile, 1n3a Ford Pick U_) Truck, 205 shares of the capital stock of the Fulton Irrigation Ditch [Company, 16 sh^r' s of the capital stook of The l'''u .ton Extortion Ditch and Reservior Company, ono one Hundred (100.00) Dollar United. .Ctr.t n Defence Donth That it :.:.:: not ricoust.ry to sell the nerconal i:roperty to pay claims and that the legatees in .the will re uo.:te4 the ad-- minist,ratrix not to dispose or poll said per€►one+J. pr000rty, but to tr!.nofer in kind to the persons ontit].Edthereto. And trio court finr3,c that it would bo for the boat interoot of the sale. r'otrtto anti to the persons entitled thereto to die pence with the sale of aria personal property and transfer the name in t4 i.nt1 to t:hr lei;. to. n ontit:l.ed thereto. • . And the Court doth further find that said t. arp:aret M. Twomb1 . has faithfully administered the oetato of , .+ttid ra ec o sod which has come to ter hands and fully per, - formed d h y r rd�u�ties as rsuch. and t<.s +provided. by; law. �{ i IT IS i�iLl::lii':FOBE VF�DE ; :1), DJUOGUD . ~in D! tiE'Zi:.D 4h� i� the Gala ro; :or. t and all acts, and doings of said 1.I^r U. Twomblin and cbout the adrninletrc.tlon of the s:.id eat:ate bo, and the c; me arc hereby in all thin ;c fully ratified, conf'irmod and ar rovod by the Court, u.nil the nc._id tarp x'et i... 'f'wortbjty in furthor ordered to distribute the money and personal troperty in her hand, to, the above named crtiun reupoctivel.y, or to their for°r'1 1' prc•;:o t • tive, in the amounts and in the - iroportiorui as nbovo sot .Crag, and ha.Jin;s so distributed the same and having filed pro i's- eoipts thox'ofor in the Court, that rho bo dinuht.reed and her bondtnert released from further liability in the aromisos. Doff- in o:.en Court thin 13th any of Augp ty A. D. 1;143 By the Court Just; ;o 2. 8004116 FMME 4J9 STATE OF COLOR.DO)ss. COUNTY OF WELD } IN COUNTY COURT As Clerk of said court I hereby certify that the within end foregoinc is a true and -complete copy of LAST WILL AND TESTAI::LIST; ORDER ADMITTING WILL TO PROBATE• and DECREE OIL FINAL SETTLEMENT; R@ Estate of i,:ary Magdalena Tvronbly, also known as i','13S. R. F. Twombly: Deceased. No. 5275 VaTFESS Uy hand and official seal at Greeley in said county and state this 2nd.; v {, =; . day of September , 194 3 By: Clerk. Deputy. apeort.adAN 4 1944 at=0. lock Ai. an WARRANTY DEED —The bfeVcy Priutcry. Grades. Roceotioe No929 OOAnn censer,Perrede Pier, ).fade this 27th daY of December in the year of our Lord one thousand nine hundred and:` ar ty t!lr use between ---Helen I argaret I.ionislaithl?arker and Carol Louise is onisnith - • of the ' County of Meid , and State of Colorado, of the first part, and of the—i:t1T`(;A' •8t 'lay? tinnor at }ej.c, LOuinE, atm bt to or t}olomda, at the second part. WITNESSETH, That the said part le 8 of the first part, for and in consideration of the sum of •One dollar and other z. nod end ;reluable considerations •-- mcsomAas, • • to the said part ies of the first part in hand paid by the said part ieSof the second part, the receipt where- of it hereby confessed and acknowledged, ha VS granted, bargained, sold and conveyed, and by these presents do grant, bargain, sett, convey and confirm unto the said part•bQ 3 of• the second part, t-1o'ir heirs and assigns forever, ail the following described lot II or parcel S of land, situate, lying and being in the County of Weld. and State of Co!prado, to-nrit: The Fort'_! half (Nit) of Southwest r,uarter (Sal) of Section .Your (4), Township One (1) _:orth, fiance Si-_ty-six (66), :lest of the 6th P. E., and 'The South half (S•;,•) of Section Nine (9), To'rnnehip ?Ito (2), i;orth, ifanCo Sixty-six (66), i est or 6th r. ;_., and 250 shares Felton lrrit.etinc Ditch ;;onpand and 19 shares of' L.ulton &ter_ - s ion tit oh and iieservoir ,Uorvany. (.tirst 'parties iisaninc and intending; hereby to convey to second parties all the right, title and anteroct they received • in and to the above described property, as heirs, devisees, '>r let ateec of' the ..;state of ;,tame :.:ai;cialena T7ronbly, also • known as Urs . Twortb17, deceased) . TOGETHER with all and singular the heredilaments end eppurteennces thereunto belonging, or iu anywise appertaining, and the reversion and reversions, remainder and remainders, rests, issues soul profits thereof; and all the estate,. right, title, interest,'cltim and demand whatsoever of the said part = owof the first part. either in law or equity, of, in and to the above bargained premises, with the heresfftemctets and appurtenances. TO HAVE AND TO HOLD the said premises shove bargained and described, with the appurtenaucee, unto the said parti4 S of the second part. t...101.1' heire and nephrite forever. An the said —_;etch I•ttr1,.ar;+` ..[7i: w? t'i 'Cll'e�Z:' Louis- 1'enial...Ltla -- part ietvf the first part, for t:loir heirs. ceeeutors and administrators, do covenant, grant, bargain and agree to and with the said partie9 of the second part, f,tei licks end :torten, that at the then of the unsealing and delivery of these prescatsel'O well xcix,•e1 of the premises above conveyed, as of good, sure, perfect, absolute and indefeaslbic estate of inheritance, in law, in fee simple, and 112 .10 good eight, full power and lawful authority to grant, bargain, sell and convey the same in menncr and fora mares-dd. and that the acme ore free and clear front all farmer end other grants, bargains, sales. lieus, taxes, esecssuernte end lucnin- brances of whatever kind or nature soever: and the above premises, in the quiet and peaceable• possession of the said part Da s of the errand part, the it heirs and assigns, against all and every person or persons larrfally claiming or to claim the whole or any part thereof, the said partjrla of the first part shell and will WARRANT AND FOREVER DEFEND. In WITNESS WHEREOF, The said part ice of the first part ha vs hereunto set their hand s and coal s thus day and year first above written, % rA„.;e/g4 AlaailetadatSF.AL) Signed, Sealed and Deliverer! In the Presence of SP -AL) (SEAL) _„(Stab.) BOOd124 FAGE272 STATE OF COLORADO, ss. COUNTY- OF Wald I, Herman E. Grist a Notary -Public in and for said County, hr the State aforesaid, do hereby certify that ' • Helen ,I;.argaret I,tonisrith Parker and Card Louise Nonirnith personally knor'vn to me. to be the -person S whose names' Cr o imam!'before me. this day in person and acknowledged that they said iltsirununt of writing as thoi.r free and voluntary act for the uses and purposes therein set forth. who are subscribed to the annexed Deed, ap- signed, scaled and ilcliverai the n - lilt 0' t ,.. i.,d�Q I }till °Ut�VI', "S .7• 74, } 0 • 43. .4. Notary Public. •1.7v- • v Itve 9 2 6 6 of the Estate of Lena T. Apel, deceased, Grantor (Whether one or more) to Philip Truman Ape1, Grantee (Whether one or more) whose address is 3737 East Geddes Place, Denver, Colorado, An undivided one-fourth (L/4) interest as tenant in common in the following described real property: S-1/2 of Sec. 9, T2N, R66 W 6th P.M., Weld County, Colorado together with 4 shares Burlington Ditch and 2 shares Framers Reservoir Ditch Stock. Lots 9 and 10, Blk. 20, Ft. Lupton, County of Weld, State of Colorado. Lots 7 and 8, 81k. 11, Ft. Lupton, County of Weld, State of Colorado. 4Kro Ag19398q B 1007 REC 01939895 09/09/83 12:54 $3.00 1/001 F 0495 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE 5 THIS DEED is made by Philip T. Apel as Personaleal Represen- tative of the Estate of Margaret May Twombly, or, to Philip T. Apel, whose address is 3737 East Geddes Place, Littleton, Colorado 80122, as to an undivided 3/laths interest; to B. T. Griffith, whose address is 435 CR 239, Durango, Colorado 81301, as to an undivided 1/16th interest; to Velena Eggleston, 135 Riverview Drive, Durango, Colorado 81301 as to an undivided 1/16th interest; and VirgCaliinia S9teele, whoseto address is 2777 Hidden Lane, Hay an undivided 1/16th interest, Grantees. WHEREAS, the above -named decedent, in her lifetime, made and executed in her Last Will and Testament dated October 19, 1976, which Will was admitted to informal probate on March 17, 1982, by the District Court in and for the County of Weld, State of Colorado, Case No. 82PR73; and WHEREAS, Grantor was duly appointed personal representa- tive of said estate on March 17, 1982, and is now qualified and duly acting in said capacity; and WHEREAS, Grantees are determined to be the persons en- titled to distribution of the hereinafter described real prop- erty, and Grantor is authorized to distribute the same to Grantees. NOW, THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Court, and for a$sluablensideration, Grantor does hereby sell, convey, trans- fer, and set over unto Philip T. Apel an undivided 3/16ths interest, B. T. Giffith an undivided 1/16th interest, Velena Eggleston an undivided 1/16th interest, and to Virginia Steele ran ealnestatedsituate intthe5t in and to the County of Weld,fStatelof Colorado, to wit: The South 1/2 of Section 9, Township 2 North, Range 66 West 1/41/4of the 6th P.M., with all of the shares owned by the decedent in the Burlington Ditch and all shares of stock owned dwith e allwatert rights. the Farmers Reservoir Ditch stock, together Dated this 2g • day of June, 1983. Philip T. Apel, as Personal Representative of the Estate of Margaret May Twombly, deceased STATE OF COLORADO ss. CITY AND COUNTY OF DENVER ? the foregoing instrument was acknowledgedApebeforel as Pmesthis 28th day of June, 1983, by Philip Representative of the Estate of Margaret May Twombly, deceased. Witness my hand and official seal. My commission expires: No€ery P 1ic 3300 East First Avenue, #300 Denver, CO 80206 AR1941717 B 1008 REC 01941717 09/27/83 09:10 $3.00 1/001 F 1868 MARY ANN FEUERSTEIN CLERK b RECORDER WELD CO, CO DEED OF DISTRIBUTION BY PERSONAL REPRESENTATIVE THIS DEED is made by Philip'''. Apel as Personal Represen- tative of the Estate of Margaret May Twombly, deceased, Grant- or, to Philip T. Apel, whose address is 3737 East Geddes Place, Littleton, Colorado 80122, as to an undivided 3/16ths interest; to B. T. Griffith, whose address is 435 CR 239, Durango, Colorado 81301, as to an undivided 1/16th interest; to Velena Eggleston, 135 Riverview Drive, Durango, Colorado 81301 as to an undivided 1/16th interest; and to Virginia Steele, whose address is 2777 Hidden Lane, Hayward, California 94541, as to an undivided 1/16th interest, Grantees. WHEREAS, the above -named and executed in her Last Will 1976,. which Will was admitted 1982, by the District Court in of Colorado Case No. 82101173; decedent, in her lifetime, made and Testament dated October 19, to informal probate on March 17, and for the County of Weld, State and WHEREAS, Grantor was duly appointed personal representa- tive of aaid estate on March 17, 1982, and is now qualified and duly acting in said capacity; and • WHEREAS, Grantees are determined to be the persons en- titled to distribution of the hereinafter described real prop- erty, and Grantor is authorized to distribute the same to Grantees. NOW, THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Court, and for valuable con- sideration, Gr.antor'does hereby sell, convey, assign, trans- fer, and set over. unto Philip T. Apel an undivided 3/16ths interest, B. T. Giffith an undivided 1/16th interest, Velena Eggleston an undivided 1/16th interest, and to Virginia Steele an undivided 1/16th interest in and to the following described real estate situate in the County of Weld, State of Colorado, to wit: The South 1/2 of Section 9, Township 2 North, Range 66 West of the 6th P.M., with all of the shares owned by the decedent in the Burlington Ditch and all shares of stock owned by the decedent in the Farmers Reservoir Ditch stock, together with all water rights. Dated this 22. ,$ day of -(1, Lat , 1983. Philip T/ Apel, ias Personal Representative of the Estate of Margaret May Twombly, deceased STATE OF COLORADO ) ss. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this 22nd day of September , 1983, by Philip T. Apel as Personal Representative of the Estate of Margaret May Twombly, deceased. Witness my hand and official seal. • ;pr;'• My Commission expires: August 17, 1987 e y ••;. • 1 r pU Q �`G :.° t a Aeizxtgi Notary Pu61ic 3300 East First Avenue, #300 Denver, CO 80206' A819.43096,�:. B 1010 REC 01943096 10/11/83 08:33 $3.00 1/001 f E,0019 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO -' - •'"Tip+�u•wu •..,... .. _ �_..._.._.. -- --- -----------.......,....... B. T. GRIFFITH whose address is 435 County Road 239 Durango County of La Plata , State of Colorado ,for the consideration of ********TEN AND NO/100******** dollars, in hand paid, hereby sell(s) and conveys) to RONALD K. GRIFFITH, ROBERT C. GRIFFITH, KAREN Y. GRIFFITH whose legal address is County of , and State of Colorado the following real property in the County of Weld , and State of Colorado, to wit: An undivided one -sixteenth interest in and to: The Sts of Section 9, Township 2 North, Range 66 West of the 6th P.M. except the east Together .withacres all thereof improvements electric and all water power line right of way. right g used in connection therewith. - Excepting all. oil, gas and other minerals lying in, on and untie the above -described premises. also known as street and number with all its appurtenances, and warrant(s) the title to the same, subject to and except those general taxes for the year 1982, due and payable in 1983. Signed this 30th day of December 1832 B. T. GRIFFITH - STATE OF COLORADO, as. County of La Plata The foregoing instrument was acknowledged before me this 30th day of December , 1982, by B. T. Griffith. A !fly commission expires {.r*ness.my hand and official seal• r;`1fl7A1��," -o—o c r ¢,rytiit,t-- ft, / 9 8'l _ Notary Public c, Co 2/,34/ No.lt3i:'Wrirttii7Deed-8hortFoam a,.ar«an,w.e;.s.2Ofw.tab e....L.tew,m.cow:if.-nan2,salsa. lu 'rG • AR1952447 B 1017 REC 01952447 01/09/04 13:53 $6.00 1/002 F 1808 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO PERSONAL REPRESENTATIVE'S DEED . (TESTATE ESTATE) THIS DEED is made by S. T. Griffith as Personal Repre— sentative of the Estate of Della T. Griffith a/k/a Della Louise Griffith, deceased, Grantor to VELENA G. EGGLESTON whose address is 135 Riverview Drive, Durango, Colorado 81301, VIRGINIA G. STEELE whose address Is 2777 Hidden Lane, Hayward, California 94541 and RONALD K. GRIFFITH, ROBERT C. GRIFFITH and KAREN Y. GRIFFITH, whose address is 38 Rio Vista Circle, Durango, Colorado 81301. WHEREAS, the above -named decedent in her lifetime made and executed her Last Will and Testament dated September 1, 1966, which Will was duly admitted to informal probate on April 1, 1981, by the District Court in and far the County of La Plata, State of Colorado, Probate No. 81PR26; WHEREAS, Grantor was duly appointed Personal Representative of Estate on April 1, 1981, and is now qualified and acting in said capacity. NOW, THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell. convey, assign, transfer and set over unto Grantees as the per- sons entitled to distribution under the above Will, the following described reel property situate in the County of Weld, State of Colorado; N/2 SW/4 of Section 4, Township 1 North, and 512, Section 9, Township 2 North, Range 66, West. 6th P.M. The interests conveyed to each Grantee in the foregoing .are as follows: Personal Representative's Deed -.Estate of Della T. Griffith a/k/a Della Louise Griffith, deceased. B 1017 REC 01952447 01/09/84 13:53 $6.00 2/002 F 1809 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO VELENA G. EGGLESTON VIRGINIA G. STEELE RONALD K. GRIFFITH ROBERT C. GRIFFITH RAREN Y. GRIFFITH One -Eighth One -Eighth One -Twenty -Fourth One -Twenty -Fourth One -Twenty -Fourth With all appurtenances, free and clear of liens and encum- brances, except: Oil and gas lease of record at Reception No. .1633332 of said county records and general taxes for the year 1983. EXECUTED [54-el. AF , 1983. B. T. GRIFF TH, Personal Repretentative of the Estate of Della T. Griffith a/k/a Della Louise Griffith STATE OP COLORADO ) ss. COUNTY OF LA PLATA ) �The forag�r nstrument was acknowledged before me this el day o , 1983, by B. T. Griffith as Personal Representa- tive of the Estate of Della T. Griffith a/k/a Della Louis Griffith; Deceased. • WITNESS my hand and official seal. �•�: "T��04y :commission expires : %i`a `tI -84 id�t�.-0tk fl Y • ,•' �•^ C. IVPUB\> I...f,...- • �. �'*�C as X44• - 2 - N0TA BLIC 1040 M Avenue Durango, Colorado 81301 1 AR200'f792 --- t r I Y 4, B 1067 PEC 02007792 04/30/85 12s29 $6.00 1/002 F 0847 MARY ANN FEUERSTEIN CLERK RECORDER WELD CO, CO WARRANTY DEED VIRGINIA STEELE, G,mam,i a/k/a VIRGINIA G. STEELE whose address is e/o B.T. Griffith, 435 County Road 239, Durango, 'County of LaPlata , State of Colorado for the consideration of $10.00 and other eons ider at ides, in hand paid, hereby sell(s) and convey(s) to LLOYD L. LAND and JAMES L. EIER, whose legal address is County of the following real property in the County of Wald , and State of Stole APB Colorado, to wit: r.. .7.. Ff. See Exhibit A attached hereto and incorporated herein by reference. , and Sint of` also known by street and number as with all its appurtenances, and warrant(s) to title to the same, subject to Those exceptions as noted above and those general taxes for the year 1985 pay- able in 1986. Signed this 17 .°L* day of / rte/V CAT. NO. NNn9627 TO 1944 CA (7-82) (Individual) STATE OF CALIFORNIA COU TY OF SAN ,]QAQUIN on APRIL l7. 3.985 ss, • I9 .. IA STEELS, a/k/a VIRGINIA G. - MULE ugime%SURANCE anao.adrarr before me, the undcrsigned, a Notary Public in and for said State, personally appeared VIRGINIA G. STEELE A/r/It. V► RG►N►A' 3Y'eefe . , personally known to me or proved to me on the basis of satisfactory evidence to be the person_ whose name..15___ S subscribed to the within instrument and acknowledged that she exe- cuted the same. WITNESS my hand and official seal. Signann�� y'�� q 's LUAAL THERESA K. SAsDOVAL saw Johan. comity M7 case, ep..50. 19, 1916 (This am for official notarial eat) County day SPA e B 1067 REC 02007792 04/30/85 12:29. $6.00... 2/002 F 0848 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT A 'ID WARRANTY. DEED TO LLOYD L. LAND AND JAMES L. ERGER For the S1/2 of Section 9, Township 2 North, Range 86 West of the 6th P.M. together with 125 shares of the capital stock of Fulton Irrigation Ditch Company and 2 domestic wells excepting an undivided 1/16 interest in. the oil,- gas -and other minerals lying in, on and under said premises as reserved in deed recorded on October 11, 1983 in Book 1010 as Reception No. 1943096. SUBJECT TO a reservation of the coal by Union Pacific Railroad and -the right to mine the same as set forth in deed recorded in Book 112 at Page 423 Old Arapahoe County records and in deed recorded in Book 153 at Page 141, in said county records, to a right of way for the Fulton Extension Ditch, to rights of way for county roads 30 feet wide on either side of section and township lines as established by order recorded in Book 88 at Page 273 of said county records, to rights of Twombly Twin Reservoir, to an easement for distribution lines described in Book 1090 at Page 284 in the records of Weld County. to oil and gas lease recorded in Book 633 as Reception No. 15555017 and extension thereof recorded in Book 749 as Recekt; a-Alo, 4f71a329 to ease- ment for pipeline purposes as described in Hook Ql3jnaception .No. 1624562, to easement and right of way for iti� r1 ed in instrument recorded in Book 709 as Reception p N. t81-0312f7-re;a e ants and rights of way for pipeline purposes as described in instruments recorded in Book 712 as Reception Nos. 1633807, 1633808 and 1633811, and in Book -"735 as Reception No. 1656981 all in the records of Weld County, Colorado. L . for the consideration of B 1067 REC 02007793 04/30/85 12:30 $6.00 1/002 AR2!l0??l3 F 0849 MARY ANN FEUERSTEYN CLERIC & RECORDER WELD CO, CO WARRANTY DEED KAREN Y. PETERS, formerly KAREN Y. GRIFFITH and RONALD K. GRIFFITH whose address is c/o B.T. Griffith, 435 County Road 239, Durango, *County of UPI ata . State of Colorado $10.00 and other cons iderat iltirs, in hand paid, hereby sell(s) and convey(s) to LLOYD L. I.AND and JAMES L. MGM, whose legal address is County of the following real property in the County of Wel d Colorado, to wit: See Exhibit A attached hereto and incorporated herein , and State of State Dotumenta Fee Data APR 3 0 . • ,and State of by reference`. also known by street and number as with all its appurtenances. and warrant(s) to title to the same. subject to Those exceptions as noted above and those general taxes for the year 1985 pay- able in 1986. Signed Mist:252'a day of f at LL Y. PETERS a merly KAREN Y. QiIFFITf1 STATE OF COLORADO, County a ,r -4199f ss. The foregoing instrument was acknowledged before. me in the of , State of County , ibis 'a...4 -day 19 f , ..by KAREN Y. PETERS, formerly KAREN Y. GRIFFITH and 4.i'.. `:VRIFFITN. /,s7 .1 /' w: ion expires /,:j./7 �" VVa7aeitny iarrc and officialseal. :_ * . P '.> ,1 t ffriiikaysr. ensen,"Ctejf and." ,. ,f Ar',ftki No 847. Rev. 584. WARRsa'tY nens ,skeet Forgo &slfmd Planting 5%:3 W. Sr. A... L ke.ad. Co w:i —i.'e' 133fii900 B 1067 REC 02007793 04/30/85 12:30 $6.00 2/002. F 0850 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT A TO WARRANTY DEED TO LLOYD L. LAND AND JAMES L. ERGFR For the SI/2 of Section 9, Township 2 North, Range 66 West of the 6th P.M. together with 125 shares of the capital stock of Fulton Irrigation Ditch Company and 2 domestic wells excepting an undivided 1/16 interest in the oil,- gas and other minerals lying in, on and under said premises as reserved in deed recorded on October 11, 1983 in Book 1010 as Reception No. 1943096. SUBJECT TO a reservation of the coal by Union Pacific Railroad and the right to mine the same as set forth in deed recorded in Book 112 at Page 423 Old Arapahoe County records and in deed recorded in Book 153 at Page 141, in said county records, to a right of way for the Fulton Extension Ditch, to rights of way for county roads 30 feet wide on either side of section and township lines as established by order recorded in Book 86 at Page 273 of said county records, to rights of TWombIy Twin Reservoir, to an easement for distribution lines described in Book 1090 at Page 284 in the records of Weld County, to oil and gas lease recorded in Book 633 as Reception No. 15555017 and extension thereof recorded in Book 749 as Reception No. 1671320 to ease- ment for pipeline purposes as described in Book 703 as Reception .No. 1624562, to easement and right of .way.for,_ pipeline purposes described in instrument recorded in Book 709 as -Reception No. 1630824, to easements and rights of way for pipeline purposes as described in instruments recorded in Book 712 as Reception Nos. 1633807, 1633808 and 1633811, and in Book 735 as Reception No. 1656981 aIl in the records of Weld County, Colorado.. &RHDH7795 5 1067 REC 02007795 04/30/85 12:30 $6.00 1/002 F 0852 MARY ANN FEUERSTEIN CLERK a RECORDER WELD CO, CO WARRANTY DEED PHILIP T'RLMAN APEL, a/k/a crn.ma PHILIP T. APEL whose address is 3737 E. Geddes Place, Littleton "County of Arapahoe , Stare of , for the consideration of Colorado $10.00 and other eons iderat :Wass, in hand paid, hereby sell(s) and convey(s) to LLOYD L. LAND and JAMES L. EER, whose legal address is County of the following real property in the County of Weld Colorado. to wit: See Exhibit A attached hereto and incorporated herein by reference.,.. State documentary Fee Dare APR 3 0 WS , and State of also known by street and number as with all its appurtenances, and warrant(s) to title to the same, subject to Those exceptions as noted above and those general taxes for the year 1965 pay- able in 1986. ., andStateaf r� Signed this 01.1/ day of 0,3 T1;ll4N APE(., a/k/a ILIP T. APEL STATE OF COLORADO. arc— County of The foregoing instrument was acknowledged before me in the County tr of a.(� — . State of co�t..e4/J ,this ol-y4- day of . ., �', . 19 #'r, by PHILIP TRI11 1-�EL, a/k/a PHILIP T. APEL. mVtrliisleR xpis--•-G-, `��uCC"an9d�of8cial seat_ • tf in Dcii4Z Caen r7 �., l r ; r t., i Na. 897. Rev. 5-84. {sARRANTY DEED(Short Fermi araDonl 11t61i.4vn;.51+5,x, nth Jr,- t3c.nnJ.5O 8t1 -'1a— I`ol1n Say 55. 4 B 1067 REC 02007795 04/30/85 12:30 $6.00 2/002 F 0853 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT A TO WARRANTY DEED TO LIAYD L. LAND AND JAMES L. ER[.IER For the S1/2 of Section 9, Township 2 North, Range 66 West of the 6th P.M. together with 125 shares of the capital stock of Fulton Irrigation Ditch Company and 2 domestic wells excepting an undivided 1/16 interest in the oil, gas and other minerals lying in, on and under said premises as reserved in deed recorded on October 11, 1983 in Book 1010 as Reception No. 1943096. SUBJECT TO a reservation of the coal by Union Pacific Railroad and the right to mine the same as set forth in deed recorded in Book 112 at Page 423 Old Arapahoe County records and in deed recorded in Book 153 at Page 141, in said county records, to a right of way for the Fulton Extension Ditch, to rights of way for county roads 30 feet wide on either side of -section -and township lines as established by order recorded in Book 86 at Page 273 of said county records, to rights of Twombly Twin Reservoir, to an easement for distribution lines described in Book 1090 at Page 284 in the records of Weld County. to oil and gas lease recorded in Book 633 as Reception No. 15555017 and extension thereof recorded in Book 749 as Reception No. 1671320 to ease- ment for pipeline purposes as described in Book 703 as Reception .No. 1624562, to easement and right of way for pipeline purposes described in instrument recorded in Book 709 as Reception No. 1630824, to easements and rights of way for pipeline purposes as described in instruments recorded in Book 712 as Reception Nos. 1633807, 1833808 and 1633811, and in Book 735 as Reception No. 1656981 all in the records of Weld County, Colorado:. AR2007796 O r� B 1067 REC 02007796 04/30/85 12:30 $6.00 1/002 F 0854 MARY ANN FEUERSTEIN CLERK -& RECORDER WELD CO, CO whose address is Durango, Colorado WARRANTY DEED VELENA ECGI,FSTt . a/k/a VELENA G. GM s., Ftx t:-''iI0N and FDBERF C. GRIFFITH c/o H.T. Griffith, 435 County Road 239, 'County of LaPlata , Sane of , for the consideration of $10.00 and other eons i derat iO llts, in hand paid. hereby sell{s) and convey(s) to LLOYD L, LAND and JAMES L. EROER, whose legal address is County of the following real property in the Colorado, to wit: See Exhibit A attached hereto , and State of County of Weld loots/ AR 3 Ur $ P. - /.4 and incorporated herein by reference. also known by sheet and number as with all its appurtenances, and warrants) to title to the same, subject to Whose exceptions as noted above and those general taxes fortheyear 1985 pay- able in 1986. Signed this /7"..1;"day of 'a0 i4 I ss. �C County of /Sr A *7f4 ,,,,,,aFttdduregoing instrument was acknowlcdgedd'before me in the v17e W7,.,F}b, , State of ( . 19,x. VELENA tcc ' a !, !; /k/a VELENA G. STATE OF COLORADO. 1 C ITH County . this /7''f day 41= 7 VELENA EMLEES1t 1, a/k/a VELENA G. E 1ESltN and ‘21-6271.., "eV. , 19.93 , by t. cRIFFITH. nO r7-131 '3siait expires / a?ny hand and official seal. 7r rep • t1in Denser. lawn 'thy and: Nam), Fublre 1101 G . rat' asaw,. Cere61-occtc gf3fi No. SO. Rsv:53.5. wAa5ANrs• DEED rSbe,1 Fermi B d5.J WbA',my. :ILS W hh Mr.. Utn.,,.J. CO ?MIA— :33.6906 B 1067 REC 02007796 04/30/85 12:30 $6.00 2/002 F 0855 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT A'1O lfrAFIRANTI DEED '1D LLOYD L. LAND AND JAMES L. I For the 51/2 of Section 9, Township 2 North, Range 66 West of the 6th P.M. together with 125 shares of the capital stock of Fulton Irrigation Ditch Company and 2 domestic wells excepting an undivided 1/16 interest in the oil, gas and other minerals lying in, on and under said premises as reserved in deed recorded on October 11, 1983 in Book 1010 as Reception No. 1943096. SUBJECT TO a reservation of the coal by Union Pacific Railroad and the right to mine the same as set forth in deed recorded in Book 112 at Page 423 Old Arapahoe County records and in deed recorded in Book 153 at Page 141, in said county records, to a right of way for the Fulton Extension Ditch, to rights of way for county roads 30 feet wide on either side of section and township lines as established by order recorded in Book 86 at Page 273 of said county records, to rights of Twombly Twin Reservoir, to an easement for distribution lines described in Book 1090 at.Page284 in the records of Weld County, to oil and gas lease recordedin Book 633 as Reception No. 15555017 and extension thereof recorded in Book 749:as.Reception No. 1671320 to ease- ment for pipeline purposes as described` in Book 703 as Reception No. 1624562, to easement and right of way for pipeline purposes described in instrument recorded in Book 709 as Reception No. 1630824, to easeMents and rights of way for pipeline purposes as described in instruments recorded in Book 712 as Reception Nos. 1633807, 1633808 and 1633811, and in Book 735 as Reception No. 1656981 all in the records of Weld County, Colorado. 462033404 B 1093 REC 02033404 .11/25/85--13;56 $6.00 1/002 F 0246 MARY ANN .FEUERSTEIN;CLERRt&-=RECORDERWELD C0,,CO t WARRANTY DEED .• TIM DEED, Made this 20th day of " November. 14 85. beaseea LLOYD LL LAND AND JAMES L, E1 ER. of the • County of Mains Colorado, grantor. and T} AS J. DIGER and Stare of State Docimientory Fee Mite. NOV NOV`2 5-* 'Mime legal address is 16521 E, 121st Circle Drive 6righton, Colorado 80601 of the County of Adams and Slate of Colorado, gsaideo WITNESSETH. That the grantor for and in nonsidc131100 of the auto of ($1147,1F29 L 00 ONE htJNDRED FORTY SEVEN THOUSAND FOUR IIJNEM TATINFY N ..PA' r AND NO! DOLLARS... - the receipt and sufficiency of which is hereby acino..ledged. has panted. bargained. sold and ca.e -, rownendoes grant. bargain, stll., convey andeanfietn, onto the grantee. bisbeis and assigns fore.er, all the mal property together nob ' ...-satere.lyeE being hi the • County of Weld 'tall St>rc L' as follows: �e t: SEE ATTACHED Ems':" A " as brown by sttret and number as: Vacant Land, Weld Cc u ty, Colorado TOGETHER with all and singular the hocditame= and appurtenances therein belonging. or in anywise appertaiuiag. and the rnvam and mpender's, remainder and remainders. trots. BUYS and profits thereof, and all the edge. right. title. interest- chin and demand Maisano oft& grantor. either in law or equity- nil in ami to the alarm bargained peemises. with the hmditroaenss and apparemenees• TO HAVE AND TO HOLD its saw: premises abase bargained and desen3ed. wide the appurtenances. unto the grantee. his boils and assigns Torras. And thegrantm forhinuclf.he. heir, .a:t personal repeesennuiva. danscosenani, grace. bargain. =degree to and with the granter. Ids beltsand assigns. that at the time of the en sesiLeg at dt i.nr5 These proems. he iswcll seized of the premises above conveyed. has good. rite. pesfeet. absolute and indefeasible estate of inM ,sore. is law. a. tee .sale. and has good lieu. full power and Ireful awhaily to giant. bargain. sell and convey thesame in manner and form as dicers:ed. and amen as, +-`sae arc free sod clear from all former and au4er grants. bargains. sales. liens. taxes. assessments. encumbrances and restrictions of .,s runuc xxsrf. eiceps the general peal estate taxes mid assessments for 1985 and subsequent years; Easements, Reservations, Restrictions, and Rigirts of Way of record, if any;SUSJFCT TO THAT CERTAIN DEED OF TRUST The grantor shalt and will WARRANT AND FOREVER DEFEND the, si•-bs.srgaired protheses in the quirt sad peaceable possessionoft the grantee, his heirs and assigns. against ail end every peaon or prisons irefully OAruin the whole Iany pen thernaLTfiesiaptartawmtergull includethepional. the plural the singular. and the use of any gender shall be applicable so all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth abate. _ STATE OF COLORADO County of Adams JAILS- L. MFR U The Tangoing instrument was acknowledged before me in the County of A - .,float ref Colaradn. this q?a ' day or Novas .19 85 . by Lloyd L. • Lar7d. and James l merger . - My commission expires . 19 1Wtaess ray band and official seal. • If in Denver. lasses "City and "- No.932A.Res.7-&1. WARRANTY DEED IRretaiomspbeReardtSae totdPUbsvbina,la'3W-6[hAre..t.airwvoJYAap.l4-17a7k2Jsb'01 B 1093 REC 02033404 11/25/85 13:56 $6.00 2/002 F 0247 MARY ANN FEIJBRSTEfN CLERK & RECORDER WELD CO, CO IDOIIBir " A " That part of the South one-half of Section.9,-Township 2 North, Range 66; West of the 6th Principal Meridian, Weld County, Colorado,'described BEGINNING at the Southwest corner of said Section 9; thence N90°0Section 9 an00 00 E on an assumed bearing along the South line of the South one-half of said distance of 3260.63 feet; thence N13°16'48"E a distance of 30.82 feet to the TRUE POINT OF BIGIN ING; thence continuing N13°16'48"E a distance of 557.39 feet; thence N06°31'47"E a distance of 371.03 feet; thence N23°50'32"E a distance of 261.45 feet; thence N05°09'16"E a distance of 165.20 feet; thence N44°42'17"W a distance of 336,35 feet; thence 1341°35'35"W a distance of 324.95 feet; thence N22°35'53"W a distance of 880.55 feet to a -point on the North line of said South one-half; thence N83°59'39"E along said North line a distance of 2586.63 feet to a point 30,00 feet West of the Northeast corner of said South one-half; thence S00°01'39"W parallel with the East line of said South one-half along the East right-of-way line of Weld County Road No.31 a distance of 2610.00 feet to a. point , 30.00 feet North of and 30.00 feet West of the Southeast corner of Reid Seotiaa thence S90°00'00"W parallel with the South line of said South one-half along the North right-of-way line of Weld County Road No. 22 a distance of 2001.00 feet • to the TRUE POINT OF BEGINNING. - SUPJECI TO a reservation of the coal by Union Pacific Railroad and the right to. mine the same as set forth in deed recorded in Book 112 at Page 423 Old Arapahoe County records and in deed reLuided in Book 153 at Page 141, in said a ntY , to a right of way for the Fulton Extension Ditch, to rights of way for county roads 30 feet wide on either side of section and township line co nestablished yy owly n • recorded in Book 86 at Page 273 of said nty records, to rights of Reservoir, to an easement for distribution lines described in Book 1090 at Page 284 in the records of Weld County, to oil and gas lease recorded in Book 633 as Reception No, 15555017 u, extension thereof recorded in Book 749 as Reception No. 1671320 to casement _c^ ;.: ?cline purposes as described in Book 703 as Reception No. 1624562, to easement on. right of way for pipeline Purposes described in instrunant recorded in Book 709 es ..eceptien No. 1630824, to easements anti rights of way fcr.*..::. ) pipeline purposes as dacrnibed in xnsrtmu tents red in Book 712 as Reception.Nos. 1633807, 1633808 and 1633811 and --in Book 735 as Reception No.: 1656481 all.i,n-tha.:. records of Weld County, Colorado, ^.; m -B 1283 REC 02234557 11/30/90 16:11 ,10.00 1/002 AR2Z3Ramat&55T F 1822 MARY ANN FEf3ERSTi~IN CLERK & RECORDER WELD CO, CO WARRANTY DEED THIS DEED, Made this 29th day of November I t9 90 . between Lloyd L. Land and James L. Erger I of the *County of Adams and LState of Colorado. grantor. and ii It Thomas J. Erger I! whose legal address is 16521 E. 121st. Circle, Brighton, co. 806 iI • 1 of the County of Weld and State of Colorado. grantees: WITNESS. that the grantor. for and in consideration of the sum of *($10.00I * ,EN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATIONS DOL€.ARS. the receipt and sufficiency of which is hereby acknowledged, has granted, bargained. sold and conveyed, and by these presents does grant, bargain. sell, convey and confirm unto the grantees, their heirs and assigns forever. not in tenancy in common but in joint tenancy. all the real property, together with improvements. if any. situate. lying and being in the County of Weld and State of Colorado. described as follows; See attached exhibit "A" CORRECTION DEED TO CORRECT LEGAL IN DEED RECORDED NOVEMBER 25, 1985 IN BOOK 1093 AS RECEPTION NO. 2033404. NO DOC FEE REQUIRED also known by street and number as 14627 NCR 22, Fc*rt Lupton, Co. 80621 TOGETHER with all and singular the bereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions. ,tmainder and remainders. rents. issues and profits thereof, and all the estate. right. title, interest. claim and demand whatsoever of the grantor. either in law or equity. nf, in and to the above bargained premises. with the hereditament.% and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described. with the appurtenances. unto the grantees. their heirs and assigns forever. And the grantor. for himself, his heirs and personal representatives, does covenant. grant. bargain and agree to and with the grantees. their hors end assigns. that at the time of the ensealing and delivery of these presents, he n well sewed 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 ppweranti lawful authority to grant. bargain. sell and convey the same in manner and form aforesaid, and that the same arc free and clear from all former and other grants. bargains, sales. liens. taus. assessments, ,encumbrances and restrictions of whatever kind or nature soever. except The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantees. their heirs and assigns. against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the phial, the plural the singular, and the use of any gender shall lie applicable to all genders. IN WITNESS WHEREOF the grantor has ex used this deed on the date :.et forth above. 'i..-) z LlooyydL.. Land James L. Erger STATE OF COLORADO County of Adams The foregoing instrument was acknowledged before me this by James L. Eager and Lloyd L. Land •I1 in Denver. insets "Chy and." 29th day of November . .1O0 , Witness myhand and official seal. 61 a 11 R /,�.. II:, My Comm')19n expires 10 -7a , ... III ., 1800 _ Lawrencer 7.1e:tv`' ,* 80202 No. 921A. Rev. 345. WARAAM7Y DEED cram.' ae more) 9n3racd NMI sbieg,1745 Wazee Si.. Draw. CO 80202 — (7031292.2500 — 1249 B 1283 REC 02234557 11/30/90 16:11 X10.00 2/002 F 1823 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "A" That part of the S1/2 of Section 9, Township 2 North, Range 66 West of the 6th P.M., Weld County, Colorado, described as: Beginning at the said Section 9 a distance of 3260.63 feet; thence N13'16'48"E a distance of 30.82 feet to the True Point of Beginning; thence continuing N13'1b'48"E a distance of 557.39 feet; thence N06.31'47'W a distance of 371.03 feet; thence N23'50'32"E a distance of 261.45 feet; thence N05.09'16"E a distance of 165.20 feet; thence N44'42'17"W a distance of 336.35 feet; thence N41'36'35"W a distance of 324.95 feet; thence N22'35'53"W a distance of 880.55 feet to a point on the North line of said S1/2; thence N89'59'39"E along said North line a distance of 2586.63 feet to a point 30.00 feet West of the Northeast corner of said S1/2; thence 500'01'38"W parallel with the East line said S1/2 and along the West right of way line of Weld County Road No. 31 a distance of 2610.00 feet to a point 30.00 feet North and 30.00 feet West of the Southeast corner of said Section 9; thence S90'00'00'W parallel with the South line said S1/2 and along the North right of way line of Weld County Road No. 22 a distance of 2001.00 feet to the True Point of Beginning 3 RECORDED EXEMPTION NO, 13O9 -O9- 4 FILE#5038 AR2i76643 ENV. 2818 LEGAL DESCRIPTION: RE1155 That port of the South one-half of Section 9, Township 2 North, Range 66 West of the 6th Principal Meridian, Weld County, Colorado, described as: beginning at the Southwest corner of said Section 9; thence N90.00'00"E along the South line of said Section 9 a distance of 3260.63 feet; thence NI3'16'48"E a distance of 30.82 feet to the True Point. of Beginning; thence continuing N13•l6'413'E a distance of 557.39 test; thence N06•31'47"W a dlstnce of 371.03 feet; thence N23'50'32"E a distance of 261.45 feet; thence N05.09'16"E a distance of 165.20 feetthence N44'42'17"W a distance of 336.35 fest thence N41'3635"W a distance of 324.95 feet; thence N22`35'53"W a distance of 880,55 feet to a point on the North line of said South one-half; thence N89'59'39"E along said North line a distance of 2586.63 feet to a point 30.00 feet West of the Northeast corner of said South one-half; thence 500'01'38"W parallel with the East line said South one-half and along the West Right-of-way line of Weld County Road No. 31 a distance of 2610.00 fait to a point 30.00 feet North and 30.00 feet West of the Southeast corner of said Section 9; thence 590.00'00"W parallel with the South line said South one- half and along the North Right-of-way line of Weld County Road No. 22 a distance of 200W0 fat to the True Point of beginning. Contains 124.748 acres more or less. BASIS FOR BEARINGS: The So41h line of saki Section 9 is assumed to hew N90'00'00"E. SURVEYOR'S CERTIFICATE: 1 hereby certify that this plat was prepared under my supervision and le correct to the best of my knowledge and belief. e=141.yOf Reg. !.LS. Na. 6973 We, the undersigned, being the sole owners in fee of the above described pr dr hereby subdivide the some as shown on the attached mop. B 1229 REC 02176643 04/17/89 15:50 $6.00 1/002 F 1828 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO aw, The foregoing certification was acknowledged before me this., day of C).t)xa. A Dy ISM. My conwniesion expires. " Notary Pwbiic: Pr m. • ?. Witness my hand and seal The accompanying plot is accepted and approved for filing. • Department of Planning Ser ices Direc The forgoing certification was acknowledged before me A.O., 1989. My .commission expires; 1 '4".1.5 s'eOl°'0. fdt. '2 1J9g Notary Public: `4\ oy CImO4-, Witness my hand and seal. SHEET 1 0 this t� day of �'• RECORDED EXEMPTION NO. 1309-09--4 - NO O `Y O N a 0 O J o� -�w X an. a �-z " H a' E O CO 4 W to Lz. N z N Fi O (.1 C4 GK $ 01 ati N N N CO I -.I li N P S E a 100' 230 S00' 1000' SCALE: I" : 5OO' N 1/2 SEC. 9 T.2N., R.66W. )(North low S 112 SOC. 9 N89.59'39"5 A144'427T"W 336`35' 4.X20' N23•50".✓r,2' ' TRUE POINT OF BEGINNING NOV '00"E -260.63' COR, SEC. 9 T2N, R.66W. E.XisT.t I CAP 1 vy 320 AMU 400.00' S 1/2 SEC. 9 T.2N,, R.66W. 2586.63' RE 1155 0 DENOTE& 04 ROAR a CAP t..3. Na i9T3 - SET • DENOTE& DASTING PM —f— wow& POWER TR N3ses3YCN WOE N.E. COR. S 112 SEC. 9 "r 2N, R.66W. 30' 30' RI QQr z 121.547 ACRES MORE OR LESS I \\\\it N. 6 u 3 1 D ce X !3239' 382'43'O7'E 304.83' ,rr ' LOT A 'oohW '00" 160LOO' North R.O.W. line Weld County Road No.22 �. o N13 16'48'E— 590.00 00"W 2001.00'- 30.82' S.E. COR. SEC. 9 South Ilrle Sac 9 T.2N., R.66W,WELD COUNTY ROAD NO. 22 8 MAT, aFscE . NAL • EZ3T. MAN S CAP 4 ,,, FUL,3TON EXTENSION OfTCN MOTE The existing well on the proposed smaller lot may be used for ordinary household purposes inside a single-family dwelling, fire pratecttcr. the watering of poultry. domestic animals end livestock on a farin or ranch, and the Irrigation of not more than 2,500 square feet of home gardens or COUNTY RO • NO. 20 I9 20 i \ 2I SHEET 2 OF 2 I0 LOTS i—LOT A 22 ci 15 22 VICINITY MAP WALE:T.4007 . 4000' H 1392 REC 02341934 07/20/93 15101 $10.00 1/002 1 AR2341934 P 1675 NARY ANN FEDERSTEIN CLERK 4RECORDER WELD CO, CO WARRANTY DEED THIS DEED. Made this M1H day of JULY,1993 between THOMAS]. FREER vitae County of ADAMS and State of COLORADO, grantor, and KEVIN D. WILLARD and HEATHER M. WELLARD whose legal address is 1751 WCR 29, FORT 'UPTON, COLORADO 80621 of the Connry of WELD and State of COLORADO, grantees: 'WITNESS, that ft grantor, for and in coasideruEIGHTY-FIVE ND iooe of the cut of EIGHTY VE THOUSAND AND 00/100the DOLLARS, ($99,900.09), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained. sold and conveyed. and by these Eastats dos grant, bargain. sell, convey and confuse unto the grooms, their heirs and assigns forever, not in tenancy in ea ' Ion E �s tenancy, all the red property, together with improvements, if any, shnate, lying and being in the County of WELD. and Dale of Colorado, described as folGows: SEE ATTACHED EIT "A" also !mown by sneer and number as VACANT LAND, FORT LLUPTON, COLORADO 89621 'MUMMER with all and singche the hendhameats and appurtenances thereto& belonging, of in anywise .ppe rtamig and the reversion and reversions, remainder and remainders, rents, issues and ptorits thereof, and all the Wait, right, lisle, mtes-est. claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained presses. with the her dinmeats and .TO HAVE AND TO HOLD the said premises above bargained and deserted. with the apptmerialmes, mire the grantees, their heirs and asst's forever. And the grantor, for himself. his heirs and personal representatives, des covenant. pant, bargain and agree to and with the grantees, their heirs and assigns, that at the time of the caseating and delivery of these presents. he is well seared of Oe premises above conveyed, has good, sae, perfect, absolute and indefeasible estate of ice, in law, in fee simple, and has good ngbt, foil power sad lawful ant;anry to grunt, bargain. sell and convey the same in mamma -and form aforesaid, and that the same are free and clear from all former and other grants, bargains. sales, liens, taxes, assessments. eneumbances and restrict= of whatever kind or oenue soever. meet for tans for the current year, alien but not yet due or payable, easements, restrictions, meraitlmis. !mom and rights -of -way of reward, If any, The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantees, their hens and assigns. against all and every person or petsoas lawfully claiming the whole or any thereof. The singular number shall include dm plural, the plural the singular, and the use of any gender shall be app! to all graders. DI WITNESS WHEREOF the grantor has eacculed this deed on the data set above. STATE OF COLORADO COUNTY OF ADAMS The foregoing instrument Jct My onmmission expires: - 4 ▪ ;▪ .*•'.:1!,..jFb '•Y"400'...4. (!k 'i17EOMs 3. ERGEJ SS. me mis 16TH day of JULY, 1993 THOMAS d. ERGER hand and official Notary Palk No. l2iA. !ter, 345 WARRANTY DEED no dolt renew B 1392 REC 02341934 07/20/93 15:01 $10.00 2/002 F 1676 MARY ANN PEDERSTEIN CLERK & RECORDER WELD CO, CO M Lot "B" of Recorded Exemption No. 1309-09-4-RE1155, as per the map recorded May 17, 1989 in Book 1229 at Reception No. 2176643, being a part of the South one-half of Section 9, Township 2 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. rt a t e i a. • £n� s�l/9 MEI@INNil NIIIMONISM IN a A l AVM. aMl NAa ,.A..l. RECORDED EXEMPTION No. 1309-09-4-RE2263 A PART OF THE SOUTH ONE -HATE SECTION 9, TOWNSHIP 2 NORTH, RANGE 66 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO 754. SCALE', 1. _ 200 e It It' ]Ca' LEGEND' LE Olts NO • ME. AND CAP - 5R — 2 VICINTY MAP — NO SCALE L None us. slit lea. 9 !,DIES: Nm015E0 0R v511.G SIRUCTuIC. eeta OR DO LOCI 'RC 41WWY St1&CN nll6 orlSET ELQOIIMCNI5 FOR 1IC 241[ 11111MC1 CC *SON DI( PROPER!' IS L0CA10, i. OW FLIIIFE SIPUCI,FLS OR OMR ON SIC WOOF OMaw 11¢ ,wvE0rksof MEMO AND elInI1 FEPUF15. S. ROM 10 INC IONIC OF OURPMC PER..DS ON LOU' CC THE APPl1CJM 544.5 1P 111l1 1111 IA1100011111 5.4111 os111111 Or SUSI0IENI COWRY,SIluwlm CIII CPEeo.Le'00r. LOT B 111.55 Acres± IOI9e 'OCR II ACo1R000t IC RIOW I�vlwlr»I 2t , saw aa 0611 lave 1 BULLING ENrEIOPE WELD COUNTY NE Cor. S1/2 Sec. 9. T.2N., .66W. (Ex. No. 6 Reber) sa4'm'av5 /I{ ]5e SD' �I aND uonulf41f.0 NERE,IN. OIR L01 A P a 10.0 Acresi 1NCaL1 E SI -A7A£t _....._ _I WELD COUNTY ROAD 22 '-91/4 Cor Sec- 9, T.2N., R.66W. (Ex. Alum. Copped Menu.) $11,11. All. al/1 Sec. C X11 I,I .I II 0 0 50 011111Y0CIa111'E ISESOOn SC Cor. S I /2 Sec. 9, T.2N., R.66W. (Ex. No. 5 Reber) 1 r Is OF 1110ROED E11111 54, III 1151. OEMA v ilr DF SCCT4M E. 0011151N 2 NDIte1. RANCE 66 MTV OF INC 5119„ PRINCIPAL M[P,DMN. CCLO COMM. COLOPIOD C1.W.n. 11155 ,1m .w a. M... Ibis parcel I ...las to Ca.my Rem npnu-w-wn1 &O11CC 111115115 to Colon.o b. ,w Tall sowimwt. II, SIC' est. 4116 c.c.s osv Waal + 'hiss eta, 911511 . lips. scis�er.a n, s n— oadvinorvod lad Moo Ivo ,. In. tM e,t. e« certIlaad • wort, arn nweon. SN.MLR'5 CCR1IMA1E' L Gust 111 0. e. ma1.1.nr 1.rt..51 wa ae IA'n Rrcu4.a sm. plot wan p1111u snow my acreanal wp.Micn. IMI Is. pat N an omen. nPnwnlue Immo. ost w. 1111 ▪ .,eon M. owl CC 1 4.Pas .. 1 • Se., tNs Iwl ka.leel e„e Only! 0. d� Ce�ve/o lo,a�� n. bone Una. a1 Rq.Ia m• Fro Peefr.010 Cape... and pre. �n Lana S.r.Eron. No .ea1m.M. w. Owen ro, 1.3021 It'E l SCICI dncmm Sn..rcn1.., ho) e Na. Dab: Y/I 11101 ,1.5 ,11 EE.EI'ilpain m.Ir..w con.. I,..rb.Nbl le a.. Y} 1nY Rwprdna recap,. PSI and the We,maSon Fore. mqr Z.: Np:n q .1 1,1.,.61r 1c,/1 CI CII °4 rmn1 w.l:.. IRu• a}m. R.eerm C.mpNon Pb, a... not aoael'nsu a -chk " oy salcare k Anwaue. ,rc. « 1. prep.y ono,. and o a.gMa lE II .o osl*I ern. CI •oenoMS-las el Rio�1 p. v. Ilvom kinal, q ca. •wen o, •lane. • rve .rr awxow� el pissed oilsaOEISCIS 4PPROIL p.vewly 1 0510 10 taI ar • tl.. a ae a r.q. x na VIC I prop.c a lotalydo E an corlICI II ai Ia1 01.1rbf EE N "115 IM.na1 to pw•0 ono. f1 Tu1Fld 111 « olmr eMa tic r.qM. asc.,.wy uvs and vs.. W TM,. ,.,i... IC 5W.., Minis.1 W.,/ Y gas. el Cobra*. Courtly « J)ss xNGoelA... e.A ..n. �� rtCC➢1Fr,CL 1N1 pal L oclpw cad a1n1H lw rD'..q Y1,Q`'M1t « dk. y �•nww-D+lcior :.11.0 le. Iowgc 11,1'0ao1. w. a I1.e..R.1 Selo..,. mr p/�' d er, e1 , 1 . AC., 1 Wines ry Now o,0 1111151 5.CI «e,r PIER Nate, CnI.u-.,.cn L.pmr C \SC1.\lmpa\RE-OIwmArc 101.1 RECORDED EXEMPTION — PART OF THE 91 2 SECTION 9, TOWNSHIP 2 NORTH, RANGE 66 EST OF THE 6TH P.M., WELD COUNTY, COLORADO - 45 ACKE-AM ASSOCIATES, INC P.Y. Sat 115 - "Sal Cool Orison 511141 Opinion. p 11i-ai99-d516°� . .e..... L1A 1.1io - - 1(1YL, DDlA� ERE NO. I t c1111. Cµ R.:O, ISIS CISE la. 1999 I11110111111111111I11s 11111 IIIII 111111III Ilill Iii Ills 2765293 05/0212000 11:49A dA Sind Tsulesmofo 1 of 3 R 15.00 0 85.00 Weld County Co WARRANTY DEED THIS DEED, Made this 28th day of April, 2000 between Kevin D. Willard and Heather M. Willard of the County of Weld and State of Colorado, grantor, and Aggregate Resources, L.L.C., a Colorado limited liability company whose legal address is 4330 W. 37th Avenue, Denver, CO 80212 of the County of Denver and State of Colorado, grantees: WITNESSETH That the grantor for and in consideration of the sum of EIGHT HUNDRED FIFTY THOUSAND AND 00/100, ($950,000.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate,lying and being in the County of weld and State of Colorado, described as follows! SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF also known by street and number as TBD, Pt. Lupton, Colorado 80621 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except except general taxes for 2000 and subsequent years; The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this dead on the date set forth above. STATE OF COLORADO County of Weld by Kevin D. Willard and No. 932A. Rev. 7-84 } } } Heather Kevin D. Willard /6414 irftl1 eather M. Willard ss. The foregoing instrument was acknowledged before me this. 28th day of April, 2000 H. Willard Witness my hand and official seal. My commission expires 10-17-2002 NOTARY PUBLIC 1113 Tenth Avenue Greeley, COLORADO 80631 ESCROW NO.: DATE 80488858 April 24 2000 I111I111111111111111111 II�II 11111111111 III 11111 III! IIII 2786293 0510212000 11:49A JA Sinn Tsukamala 2 of 3 R 15.00 D 85.00 Weld County CO "EXHIBIT A" LEGAL DESCRIPTION PARCEL A: Lot B of Recorded Exemption No. 1309-09-4-RE2263, recorded June 22, 1999 as Reception No. 2701831, being a part of the SI/2 of Section 9, Township 2 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. PARCEL B: Lot B of Recorded Exemption Na. 1309-9-3-RE828, recorded January 26, 1996 in Book 1101 as Reception No. 2041011, being a part of the 81/2 of Section 9, Township 2 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. EXCEPTING THEREFROM Recorded Exemption No. 1309-09-3-RE1783, recorded September 6, 1996 in Book 1565 as Reception No. 2509808. and SCHEDULE B EXCEPTIONS 7. Rights of way, for county roads 30 feet wide on each side of section end township lines as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. 8. Reservation made by the Union Pacific Railway Company in deed recorded July 1, 1893 in Book 112 at Page 423 (Affects SWI/4)and April 30, 1897 in Book 153 at Page 141 (Affects SE1/4), providing substantially as follows: Reserving unto said company and its assigns all coal that may be found underneath 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 -mines that may be developed -upon said premises, and far transportation of coal from same. 9. Fulton evidencedtbysion Ditch instrumentand filedywith the Weldand all ts of Countyay Clerktherefore, as and Recorder. NOTE: The exact location is not disclosed of record. (Affects SE1/4) 10. evidencedwin by Reservoir instrumentand filedwith the Weldright Countyway Clerktherefore, as Twombly and Recorder. NOTE: The exact location is not disclosed of record. (Affects SE1/4) 4 11. Right of way, for electric transmission and/or distribution line and all appurtenances, asgrantedto Public Service Company of Colorado B.F. scribed property:y 17, 1942 in A strip 45 feet wide parallel and adjacent to the County Road on East side of said land. 12. Oil and gas lease between Margaret Twombly, Lena Apel and Della Griffith and Leland S. Vance dated April 28, 1970, recorded September 22, 1970 in Book 633 as Reception No. 1555017, and any interests therein or rights thereunder. 1111111 111 1111111 Ills 11111 11111 11111 III 1111111111111 2765293 05/02/2000 11:49A JA Suk Isukamoto 3 of 3 R 15.00 0 85.00 Weil County CO SCHEDULE B - Continued Note: EXCEPTIONS Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106, by Amoco Production Company, recorded November 2, 1971 in Book 556 as Reception No. 1577930, and recorded on October 2, 1975 in Book 749 as Reception No. 1671320. 13. Right of way, for pipeline purposes, as granted to Panhandle Eastern Pipe Line Company, a Delaware corporation by Della L. Griffith, Philip T. Apel, individually and as Administrator of the Estate of Lena Twombly Apel, deceased, in the instrument recorded November 9, 1973 in Book 703 as Reception No. 1624562, the location of which is shown in the map attached to.said instrument. 14. Right of way, for pipeline purposes, granted to Colorado Interstate Corporation, a Delaware corporation by Margaret May Twombly and Della Louise Griffith by instrument recorded March 31, 1975 in Book 735 as Reception No. 1656981, in which the specific location of the easement is not defined. 15. All minerals of whatsoever kind or character, as reserved by Lloyd L. Land and James L. Erger in the Deed recorded November 25, 1985 in Book 1093 as Reception No. 2033404 and re-recorded January 7, 1986 in Book 1098 as Reception No. 2038235, and any interests therein or rights thereunder, (Affects Parcel A) 16. Right of way, for pipeline, as granted to Associated Natural Gas, Inc., a Colorado Corporation by Lloyd L. Land and James L. Erger, in the instrument recorded May 26, 1988 in Book 1197 as Reception No. 2142480, the location of which is shown in the map attached to said instrument. (Affects Parcel B) 17. Right of way, for locating, establishing, constructing and maintaining an irrigation pipeline, as granted to Carl H. Mason and Mildred M. Mason by Quit Claim Deed, recorded December 5, 1988 in Book 1217 as Reception No. 2163927, affecting the following described property: As more particularly described in said instrument. (Affects Parcel B) 18. Easements and rights of way for underground irrigation line, irrigation ditches, power lines, wells, dirt wells roads;. communication boxes and transformers, various tanks and valves, all as disclosed an survey by Raymond W. Bayer, dated October 31, 1990. (Affects Parcel B) 19. Any loss or damage which may occur as abressulthot egtact that various fences disclosed on the survey ry y Raymond lines. of ere October 31, 1990, do not exist on the property PY subject property. (Affects Parcel B) ement Survey plat dated 20. ctbeof 1 Survey as shown P. Boayerm&rAssociates , Project No. 90166. October 31, 1990 by (Affects Parcel B) 21. Terms, agreements, provisions, conditions and oblimes gations onsras contained in Dry -UP Covenant by id in Lloyd L. Land and Kiowa Resources, Inc. recorded April 18, Book 1296 as Reception No. 02247566. (Affects Parcel B) 22. All minerals cif whatsoever kind, as reserved by James L. Erger and Lloyd L. Land in the deed recorded therein 8,in rights Book 1342 as Reception No. 2294755, and any thereunder. (Affects Lot B, RE -828) Road 22 and 23. Additional ontion for Weld RecordedExemption No. Building1999 as Reception No. 2101831. 1309-09'4-RE2263 recorded June 22, access 24. Right of way, for constructing, using and maintaining gathering es es, ldcappurtenances, grantetor surface dipment and subsurface to HS Resources, inc., a Delaware lines s and appurtenances, D. Willard and Heather M. Willard by corporation y Reception No. 2739726, in instrument recorded December 20, 1999 as which the specific location of,the easement is not defined. 3931603 05/13/2013 10:56 AM Total Pages: 4 Rec Fee: $26.00 Doc Fee: $129.52 Steve Moreno - Clerk and Recorder, Weld County, CO Recorded at o'clock .811., Reception No. , Recorder SPECIAL WARRANTY DEED Aggregate Resources, LLC, a Colorado limited liability company, whose address is 4330 W. 37th Avenue, Denver, CO 80212, City and County of Denver and State of Colorado ("Grantor"), for the consideration of Ten and 00/100ths Dollars ($10.00) and other good and valuable consideration, in hand paid, hereby sells and conveys to Anadarko E&P Onshore LLC, a Colorado limited liability company, whose address is: ow- -Sfreel, Scii#e /7cz £er tiles. do eo a0.2- ("Grantee"), the following real property in the County of Weld, and State of Colorado, to wit: Described on Exhibit A, attached hereto and incorporated herein by this reference, EXCEPTING AND RESERVING unto Grantor all water rights appurtenant to the described real property deriving from shares of the capital stock of me PULT0N IRRIGATING DITCH COMPANY owned by Grantor. TOGETHER with all its appurtenances, and warrants the title against all persons nlpimeng under it, and expressly subject to the Permitted Encumbrances attached hereto as Exhibit B, and incorporated herein by this reference 3igued and delivered this $ day of ()lay , 2013. Grantor: Aggregate Resources, LLC A Colorado ' ility company STATE OF COLORADO 4emicter p� COUNTY OF DENVER d )a& The foregoing instrument was acknowledged before me this gtt day of 2013, by Dennis L. Palmer, as the President of Palmer Enterprises, Inc., a Colorado =par on, the Manager of Aggregate Resources, LLC, a Colorado limited liability company. My commission expires: 7 —L3 -1s~ Witness my hand and official seaL CATHY A. GROVE NOTARY PUBLIC STATE OF COLORADO lyo1 RYID 19614010418 Commiseisn Explees July 29.2015 _and #fie OIO�IIefuQ�.'r 511y4�4 Notary Public -Forum. -/a: 4„olgurko -- ,t OrysA-e W 'o99— /Y+ Sfr-tris 1100 bin'itr. GU $Deo7 �' 3931603 05113/2013 10:56 AM Page 2of4 Exhibit A PARCEL I: LOT B, RECORDED EXEMPTION NO 1909 -09 -4 -RE 2263, RECORDED JUNE 22, 1999 AT RECEPTION NO. 2701831, BEING A PART OF TLIE S 1/2 OP SECTION 9, TOWNSHIP 2 NORTH, RANGE 66 WEST OF THE 6TH PM., COUNTY OF WELD, STATE OF COLORADO PARCEL II: LOT B, RECORDED EXEMPTION NO 1309 -9 -3 -RE 628, RECORDED JANUARY 26, 1986 AT RECEPTION NO. 204101.1 IN BOOK 1101, BEING A PART OF THE S 112 OP SECTION 9, TOWNSHIP 2 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO EXCEPTING THEREFROM RECORDED EXEMPTION NO 1309 -09 -3 -RE 1783, RECORDED SEPTEMBER 6, 1996 AT RECEPTION NO.2509808, BEING A PART OF THE S 1/2 OF SECTION 9, TOWNSHIP 2 NORTH, RANGE 66 WEST OF THE 6TH P.M. COUNTY OF WELD, STATE OF COLORADO Form 13426 07/2008 exbibita.odt FCC25114496 1165831221 3931603 05/13/2013 10:56 AM Page 3 of 4 EXHIBIT "B" Property Address: 1430122 COUNTY ROAD FORT LIPTON CO 80621 RIGHT OF WAY FOR COUNTY ROADS 30 FEET ONEITHER SIDE OF SECTIONAND TOWNSHIP LINES, AS ESTABLISHED BY THE BOARD OF COON? COMMISSIONERS FOR WELD COUNTY, RECORDED OCTOBER 14, 1889 IN BOOK 86 AT PAGE 273. RIGHT OF WAY FOR FULTON EXTENSION DITCHAS ESTABLISHED AND/OR USED. TWOMBLY TWIN RESERVOIR AS ESTABLISHED AND/OR USED. RESERVATIONS MADE BY UNION PACIFIC RAILWAY COMPANY, IN DEED RECORDED July 01, 1893, IN BOOK 112 AT PAGE 423, PROVIDING SUBSTANTIALLY AS FOLLOWS; RESERVING UNTO SAID COMPANY AND US 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. RESERVATIONS MADE BY UNION PACIFIC RAILWAY COMPANY IN DEED RECORDED April 30, 1897, IN BOOK 153 AT PAGE 141, PROVIDING SUBSTANTIALLY AS FOLLOWS: RESERVING UNTO SAID COMPANY AND ITS ASSIGNS ALL COAL THAI' 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 PUBLIC SERVICE COMPANY OF COLORADO IN INSTRUMENT RECORDED February 17,1942, IN BOOK 1090 AT PAGE 284. OIL AND GAS LEASE RECORDED September 22, 1970 UNDER RECEPTION NO. 1555017 IN BOOK 633 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. NOT Et EXTENSION OF THE ABOVE LEASE AS CLAIMED BY AFFIDAVIT OF PRODUCTION WAS RECORDED November 02, 1971 UNDER RECEPTION NO. 1577930 IN BOOK 656 AND RECORDED OCTOBER 2,1975 AT RECEPTION NO. 1671320 IN BOOK 749. RIGHT OF WAY EASEMENTAS GRANTED TO PANHANDLE EASTERN PIPELINE COMPANY IN INSTRUMENT RECORDED November 09, 1973, UNDER RECEPTION NO. 1624502 IN BOOK 7113, RIGHT OF WAY EASEMENTAS GRANTED TO COLORADO INTERSTATE CORPORATION IN INSTRUMENT RECORDED March 31, 1975, UNDER RECEPTION NO. 1656981 IN BOOK 735. ALL OIL, GAS, MINERALSAND AND OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT RECORDED November 25, 1985, UNDER RECEPTION NO. 2033404 IN BOOK 1093 AND RE-RECORDED JANUARY 7,1986 AT RECEPTION NO. 2038235 IN BOOK 1098, AND ANY AND ALLASSIGNMENTS THEREOF OR INTERESTS THEREIN. RIGHT OF WAY EASEMENT AS GRANTED TO ASSOCIATED NATURAL GAS INC IN INSTRUMENT RECORDED May 26, 1.988, UNDER RECEPTION NO. 2142486 IN BOOK 1197. RIGHT OF WAY EASEMENTAS GRANTED FOR PIPELINE IN INSTRUMENT RECORDED December 05, 1988, UNDER RECEPTION NO. 2163927 IN BOOK 1217. 3931603 05/13/2013 10:56 AM Page 4 of 4 MATTERS AS SET FORTH ON SURVEYS AS SET FORTH ON DEED RECORDED MAY 2, 2000 AT RECEPTION NO. 2765293 TERMS, CONDITIONS AND PROVISIONS OF DRY -UP COVENANT RECORDED April 18, 1991 AT RECEPTION ND. 2247566 IN BOOK 1296. ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS RESERVED IN INSTRUMENT RECORDED July 08,1992, UNDER RECEPTION NO, 2294755 IN BOOK 1342, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT RECORDED JANUARY 26, 1988 AT RECEPTION NO. 2041011 IN BOOK 1101 EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT RECORDED JUNE 2Z 1999 AT REI,EFLLON NO.2701831 RIGHT OF WAY EASEMENT AS GRANTED TO HS RESOURCES INC IN INSTRUMENT RECORDED December 20,1999, UNDER RECEPTION NO. 2739726. RIGHT OF WAY EASEMENT AS GRANTED TO KERR-MCGEE ROCKY MOUNTAIN CORPORATION IN INSTRUMENT RECORDED January 19, 2004, UNDER RECEPTION NO. 3145370. THE FINAL TITLE INSURANCE POLICY (POLICIES) SHALL NOT AND DOES NOT INSURE THE TITLE TO THOSE FIXTURES, STRUCTURES AND LIKE APPURTENANCES WHICH ARE NOT ASSESSED AND TAXED AS REAL PROPERTY BY THE COUNTY. NO EXAMINATION OF THE TITLE TO THE REFERENCED FIXTURES, STRUCTURES AND LIKE APPURTENANCES HAS BEEN MADE. NOTE: THE FOLLOWING NOTICES PURSUANT TO CRS 9-1.5-103 CONCERNING UNDERGROUND FACILITIES HAVE BEEN FILED WITH THE CLERK AND RECORDER. THESE STATEMENTS ARE GENERAL AND DO NOT NECESSARILY GIVE NOTICE OF UNDERGROUND FACILITIES WITHIN THE SUBJECT PROPERTY: (A) MOUNTAIN BELL TELEPHONE COMPANY, RECORDED OCTOBER 1, 1581 IN BOOK 949 AT RECEPTION NO. 1870705. (B) WESTERN SLOPE GAS COMPANN4 RECORDED MARCH 9, 1983 IN BOOK 990 AT RECEPTION NO.1919757. (C) ASSOCIATED NATURAL GAS, INC., RECORDED JULY 20, 1984 IN BOOK 1037 AT RECEPTION NO. 1974810 AND RECORDED OCTOBER 1, 1984 IN BOOK 1045 AT RECEPTION NO. 1983584AND RECORDED MARCH 3,1988 IN BOOK 1187 AT RECEPTION NO. 2132709 AND RECORDED APRIL 10, 1989 IN BOOK 1229 AT RECEPTION NO. 2175917. (D) PANHANDLE EASTERN PIPE LINE COMPANY, RECORDED OCTOBER 1,1981 IN BOOK 949 AT RECEPTION NO. 1870156 AND RECORDED JUNE 26,19861K BOOK 1117 AT RECEPTION NO. 2.058722.. (E) COLORADO INTERSTATE GAS COMPANY, RECORDED AUGUST 31, 1984 IN BOOK 1041AT RECEPTION NO.1979784. (F) UNION RURAL ELECTRIC ASSOCIATION, INC., RECORDED OCTOBER 5, 1981 IN BOOK 949 AT RECEPTION NO. 1871004, (0) WESTERN GAS SUPPLY COMPANY, RECORDED APRIL 2,1985 IN BOOK 1063 AT RECEPTION NO. 2004300. (H) PUBLIC SERVICE COMPANY OF COLORADO, RECORDED NOVEMBER 9,1981 IN BOOK 952 AT RECEPTION NO. 1874084. (I) ST. VRAIN SANITATION DISTRICT, RECORDED DECEMBER 14, 1988 AT RECEPTION NO. 2164975. (J) UNITED POWER, INC., RECORDED JANUARY 24, 1991 AT RECEPTION NO. 2239296. EASEMENT GRANTED TO KERR-MCGEE, FOR PIPELINES, UNDERGROUND ELECTRIC POWER LINES, UNDERGROUND DATA TRANSMISSION LINES AND EQUIPMENT, AND INCIDENTAL PURPOSES, BY INSTRUMENT RECORDED Apr1124, 2013, UNDER RECEPTION NO. 3927049. Hello