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Home My WebLink About20173851.tiffH-1( Heritage Title Company Making'1"ransuaiaana I'crsaanal {� Comm pwealth" 2510 E. Harmony Rd. Suite 201, Fort Collins, CO 80528 Phone: (970) 493-3051. Fax: (866) 871-2840 County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the County of Weld none shown, Weld County, CO File Number: 459-H0512885-081-KT6 Property Address: none shown, Weld County, CO Policy Number: CO-FFAH-IMP-81306-1-17-H0512885 Dear New Property Owner: Congratulations on your real estate purchase. Enclosed is your Policy of Title Insurance. This policy contains important information about your real estate transaction, and it insures you against certain risks to your ownership. Please read it and retain it with your other valuable papers. A permanent record of your recorded title documents is accessible through our office. These records will enable prompt processing of future title orders and save valuable time should you wish to sell or obtain a loan on your property. Visit or call our office and simply give us your personal policy file number when you need assistance. In the event you sell your property or borrow money from a mortgage lender you may be entitled to a discount rate if you order your title insurance through this company. We appreciate the opportunity of serving you and will be happy to assist you in any way in regard to your future title service needs. Sincerely, Heritage Title Company, Inc. 81306 (6/06) ALTA Owner's Policy (6/17/06) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 04 > eo.,-gong AMERICAN LAND TITLE ASSOCIATION ot, - 38-5 PR o0 35 I (9(t7 Commonwealth Land Title Insurance Company POLICY NO.: CO-FFAH-IMP-81306-1-17-H0512885 OWNER'S POLICY OF TITLE INSURANCE Issued by Commonwealth Land Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Florida corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; 81306 (6/06) ALTA Owner's Policy (6/17/06) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN I.AD TILE ASSOCIATION Order No.: H0512885-081-KT6 Policy No.: CO-FFAH-IMP-81306-1-17-110512885 (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers. Commonwealth Land Title Insurance Company Countersigned: ay By: /+r Authorized Officer or Agent Randy Ouirk. President Attest aer Gratelre, Secretary 81306 (6/06) ALTA Owner's Policy (6/17/06) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION Order No.: H0512885-081-KT6 Policy No.: CO-FFAH-IMP-81306-1-17-H0512885 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4, Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as 'Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly -owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly - owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly -owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written 81306 (6/06) instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. ALTA Owner's Policy (6/17/06) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION Order No.: 110512885-081-KT6 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium 81306 (6/06) Policy No.: CO-FFAH-IMP-81306-1-17-110512885 maintained, including books, ledgers, checks, memoranda, correspondence, reports, e -mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attomeys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be ALTA Owner's Policy (6/17/06) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN I. AND TITEF ASSOCIATION Order No.: H0512885-081-KT6 subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ( "Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy 81306 (6/06) Policy No.: CO-FFAH-IMP-81306-1-17-110512885 provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at Commonwealth Land Title Insurance Company, Attn: Claims Department, Post Office Box 45023, Jacksonville, Florida 32232-5023. ALTA Owner's Policy (6/17/06) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN TITLE LAND TITLE ASSOCIATION Order No.: H0512885-081-KT6 Policy No.: CO-FFAH-IMP-81306-1-17-110512885 NOTICE CONCERNING FRAUDULENT INSURANCE ACTS (This Notice is Permanently Affixed Hereto) It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the department of regulatory agencies. C. R. S. A. § 10-1-128 (6)(a). 81306A (6/06) ALTA Owner's Policy (6/17/06) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION Order No.: 110512885-081-KT6 Policy No.: CO-FFAH-IMP-81306-1-17-H0512885 Commonwealth Land Title Insurance Company SCHEDULE A Name and Address of Title Insurance Company: Heritage Title Company, Inc. 2510 E. Harmony Rd. Suite 201, Fort Collins, CO 80528 Policy No.: CO-FFAH-IMP-81306-1-17-H0512885 Order No.: H0512885-081-KT6 Address Reference: none shown, Weld County, CO Amount of Insurance: $210,000.00 Date of Policy: November 8, 2017 at 01:20 PM 1. Name of Insured: County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the County of Weld 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is vested in: County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the County of Weld 4. The Land referred to in this policy is described as follows: See Exhibit A attached hereto and made a part hereof. 81306A (6/06) ALTA Owner's Policy (6/17/06) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION Order No.: 110512885-081-KT6 Policy No.: CO-FFAH-IMP-81306-1-17-110512885 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: That portion of the NE1/4 of Section 21, Township 11 North, Range 60 West of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: Considering a line that runs from the E1/4 corner of Section 21, Township 11 North, Range 60 West of the 6th P.M. to the N1/4 corner of Section 21, Township 11 North, Range 60 West of the 6th P.M. to bear an assumed bearing of North 45°45'25" East with all bearings contained herein relative thereto. Beginning at the Northeast corner of Section 21, Township 11 North, Range 60 West of the 6th P.M.; thence along the East line of the NE1/4 of said Section 21 South 01°45'07" West 631.00 feet; thence North 88°14'53" West 698.37 feet to the TRUE POINT OF BEGINNING; thence North 88°00'09" West 317.98 feet; thence North 02°07'29" East 264.51 feet; thence South 88°00'09" East 317.98 feet; thence South 02°07'29" West 264.51 feet, more or less, to the TRUE POINT OF BEGINNING. 81306A (6/06) ALTA Owner's Policy (6/17/06) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN _. LAND TITLE ASSOCIATION Order No.: H0512885-081-KT6 Policy No.: CO-FFAH-IMP-81306-1-17-H0512885 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees, or expenses that arise by reason of: 1. Any facts, rights, interests or claims that are not shown by the Public Records but which could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachments, encumbrances, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by Public Records. 4. Any lien or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Water rights, claims of title to water, whether or not shown by the Public Records. 6. All taxes and assessments for the year 2017 and subsequent years, a lien but not yet due or payable. 7. Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees. 8. Reservations by the Union Pacific Railroad Company of (1) oil, coal and other minerals underlying the Land, (2) the exclusive right to prospect for, mine and remove oil, coal and other minerals, and (3) the right of ingress and egress and regress to prospect for, mine and remove oil, coal and other minerals, all as contained in Deed as set forth below, and any and all assignments thereof or interests therein: Recording Date: Recording No.: May 5, 1917 Book 471 at Page 389. 9. Undivided three -fourths of grantor's interest in all oil, gas and other mineral rights reserved in the instrument set forth below, and any and all assignments thereof or interests therein: Reserved by: Recording Date: Recording No.: Wallace W. Smock, also known as W.W. Smock October 1, 1950 Book 1287 at Page 375. 10. Undivided one -eighth undivided interest in all oil, gas and other mineral rights reserved in the instrument set forth below, and any and all assignments thereof or interests therein: Reserved by: Recording Date: Recording No.: Daniel E. Kinnison and Shirley A. Kinnison May 3, 1954 Book 1389 at Page 310. 11. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: 81306B (6/06) ALTA Owner's Policy (6/17/06) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION Order No.: H0512885-081-KT6 Policy No.: CO-FFAH-IMP-81306-1-17-110512885 SCHEDULE B (Continued) Granted to: Purpose: Recording Date: Recording No: Duhamel Enterprises, a South Dakota corporation Intercity micro wave station March 16, 1961 Book 1580 at Page 117. 12. Undivided all of grantors' interest in all oil, gas and other mineral rights reserved in the instrument set forth below, and any and all assignments thereof or interests therein: Reserved by: Milada M. Petsch, et al Recording Date: December 28, 1964 Recording No.: 1452544. 13. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Purpose: Recording Date: Recording No: The Mountain States Telephone and Telegraph Company Communication systems May 21, 1965 1464186. 14. Mineral interests disclosed by Warranty Deed recorded February 27, 1976 at Reception Number 1682235. 15. Reservations contained in Warranty Deed recorded June 27, 1995 at Reception Number 2444248. Note: Bill of Sale was recorded March 29, 2007 at Reception Number 3465055. 16. Request for Notification of Surface Development recorded May 28, 2002 at Reception Number 2954514. 17. Terms, conditions, provisions, agreements and obligations contained in the Land Lease and Wind Easement disclosed by Memorandum of Lease and Easement as set forth below: Recording Date: February 16, 2006 Recording No.: 3363527. And First Amendment recorded December 6, 2006 at Reception Number 3439894. 18. All matters shown on the Land Survey Plat recorded January 26, 2007 at Reception Number 3451249. 19. Easements, reservations, terms, conditions, provisions, agreements and obligations contained in the Warranty Deed as set forth below: Recording Date: March 29, 2007 Recording No.: 3465054. 20. Undivided one-half interest in all oil, gas and other mineral rights reserved in the instrument set forth below, and any and all assignments thereof or interests therein: 81306B (6/06) ALTA Owner's Policy (6/17/06) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION Order No.: H0512885-081-KT6 Policy No.: CO-FFAH-IMP-81306-1-17-110512885 SCHEDULE B (Continued) Reserved by: Roberta M. Foster and Howard A. Foster, aka Howard Andrew Foster Recording Date: November 5, 2007 Recording No.: 3515398. Note: The hunting rights referenced in the instrument above were created by Warranty Deed recorded June 27, 1995 at Reception Number 2444248 and have expired. 21. All matters shown on the map of Recorded Exemption No. 0215-21-1 RE -4715 recorded November 30, 2007 at Reception Number 3520581. 22. Request for Notification of Application for Development recorded July 12, 2016 at Reception Number 4218393. 81306B (6/06) ALTA Owner's Policy (6/17/06) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND TITLE ASSOCIATION Addendum to Purchase and sale agreement Executed 11/7/17 Whereas, Marcos Fulling and Johnny Gazzo, known as owners, hereby agree to remove any property from the Timnath site known as 40800 County Road 15, Timnath, Colorado part of Section 8, Township 7 North, Range 67 west. To include any and all radio equipment, personal belongings, any and all antennas, and any and all other equipment. Owners shall have the equipment removed by November 17 at 5:00 p.m. If owner's do not remove all property, County shall remove the property and owners agree to compensate county for the cost of disposal, as well as any incidental costs. Owners agree not to damage any of County's property in the process. Additionally, owners agree to indemnify and hold harmless county for the removal and destruction of any of their property which remains on the site after Novembe - , 2017 at 5:00 pm. // -7 XO/7 Date (1-2,26 l� os Fulling Date 0....)01Y1Mon; c(,L i- °I -NS cc.=Gas C'�= %) It/'7! 17 tt/ i3/ I"7 2017-3851 PIR©o3S HTC Heritage Title Company Making Transactions Personal Commonwealth LAND TITLE INSURANCE COMPANY www.heritagetcocom HERITAGE TITLE COMPANY, INC. 2510 E. Harmony Rd. Suite 201, Fort Collins, CO 80528 Phone: (970) 493-3051 Fax: (866) 871-2840 Buyers/Borrowers Settlement Statement FINAL Escrow No: H0512885 - 081 KT8 Close Date:11/07/2017 Proration Date: 11/07/2017 Disbursement Date: 11/07/2017 Buyer(s)/Borrower(s): County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the County of Weld Seller(s): Note Acquisitions, Inc., a Nevada Corporation Property: Brief Legal: . IAT if J. 'T "K is ,i �'$IY'.tiY: t ! .. T .` { Y' 1" + W 41�st3 IryF , > t � � a ,.. s r ', k5 �;Y�ytp^*j ' ' •' , . . +}• baby '° x,S. ' Genii : '� S`Y' TOTAL CONSIDERATION: Total Consideration 210,000.00 REAL ESTATE CLOSING CHARGES Escrow Fee to Heritage Title Company, Inc. 225.00 PRORATIONS AND ADJUSTMENTS: County Taxes from 1/1/2017 to 11/7/2017 based on te Annual amount of $5.36 4.55 TITLE CHARGES: Tax Cert to Heritage Title Company, Inc. 10.00 Sub Totals Balance Due From Buyer/Borrower 210,235.00 4.55 210,230.45 Totals 210,235.00 210,235.00 none shown Weld County, CO PT N2NE4 21 11 60 LOT A REC EXEMPT RE -4715 Buyer(s)/Borrower(s): County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissi oars the County of Weld / // Date Settlement Agent: HERITAGE TITLE PANY, INC. by Kierstl Taylor, ` li ' Date Well have carefully reviewed the Settlement Statement and find It to be a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction and further certify that I have received a copy of the Settlement Statement. We/I authorize HERITAGE TITLE COMPANY, INC. to cause the funds to be disbursed In accordance with this statement. Printed by Klersti Taylor on 11/2/2017 - 11:01:04AM Page 1 of 1 To: Sunflower Bank Date: November 7, 2017 Loan Number: Account Number: Account Number Borrower: Note Acquisitions, Inc., a Nevada Corporation Property Address: none shown Weld County, CO File : 459-H0512885-081-KT6 $ 44,977.66 has been remitted as a full payoff for your loan number, as set forth above. In consideration for this payoff, you are to: ISSUE A FULL RELEASE OF THE LIEN SECURING THIS LOAN. PLEASE FORWARD AU. CANCELLED DOCUMENTS, INCLUDING BUT NOT NECESSARILY UMITED TO THE PROMISSORY NOTE, DEED OF TRUST, RELEASE OF DEED OF TRUST, WATER STOCK CERTIFICATE, OR MOBILE HOME TITLE TO: c/o CPF Release Department 950 South Cherry St 41400 Denver, CO 80246 Attn: Release Department For Any Questions Please Contact Your Closer Kiersti Taylor at (970) 493-3051 Your borrower's Forwarding Address: CERTIFICATION OF SELLER/BORROWER FOR PAYOFF AND/OR UNE OF CREDIT/CONSTRUCTION LOAN I/We Note Acquisitions. Inc., a Nevada Corporationbeing of lawful age and first duly sworn upon oath, hereby state and affirm the following: I/We are the owner of property located at none shown. Weld County. CO and legally described as follows: See Exhibit A attached hereto and made a part hereof. The attached payoff statement from Sunflower Bank (Name of Bank), which indicates Loan No., reflects the only loan I/We have outstanding with Sunflower Bank (Bank), except for the following: (Ust any other loans with said Bank) The above referenced loan(s) are the only loan(s) with said lender that are secured by this property located and legally described herein above. It is expressly agreed and understood between the undersigned parties that Heritage Title Company, Inc. Is acting as dosing agent in this transaction. Heritage Title Company, Inc. shall in no way be liable as to the accuracy and completeness of any Payoff Statement that has been provided for the purpose of closing this transaction. Heritage Title Company, Inc. has acted in good faith In compiling the data and information contained therein. The undersigned agree that any additional funds required after closing by the Payoff lender due to incorrect written figures will be immediately paid by the undersigned. If this Is a Une of Credit or Construction Loan secured by the property, the Une of Credit/Construction Loan must be closed for us to proceed with our transaction. WE REQUEST THAT THE ABOVE MENTIONED LENDER CLOSE THE ABOVE REFERENCED ACCOUNT AND ISSUE A FULL RELEASE OF DEED OF TRUST. We understand that no further withdrawals will be available on this account. We hereby confirm that we have not made any additional withdrawals from the time the attached payoff statement was Issued. If any further withdrawals have been made on the account, we will pay the difference to Heritage Title Company, Inc. Immediately In order to obtain a full release of Deed of Trust from the Lender. Seller/Borrower has reviewed the above referenced loan information and hereby agrees that it represents a complete and accurate list of loans secured by the above referenced property. SELLER: Note vada Corporation esident CER1TRAN The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission (CL8-9-12) (Mandatory 1- 13) THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. CLOSING INSTRUCTIONS Date: November 7. 2017 Escrow No.: )'1O512885-O81-KT6 1. PARTIES, PROPERTY. Note Acauisitions, Inc.. a Nevada Corporation Seller, and County of Weld, a political subdivision of the State of Colorado. by and through the Board of County Commissioners of the County of Weld Buyer, engage Heritage Title Company. Inc. Closing Company, who agrees to provide closing and settlement services in connection with the Closing of the transaction for the sale and purchase of the Property known as No. none shown. Weld County. Q. and more fully described in the Contract to Buy and Sell Real Estate, dated August 9. 2017, including any counterproposals and amendments (Contract). All terms of the Contract are incorporated herein by reference. In the event any conflict between this Agreement and the Contract, this Agreement shall control, subject to subsequent amendments to the Contract or this Agreement 2. TITLE COMMITMENT, EXCEPTIONS AND POLICY. Closing Company 0 Agrees 0 Does Not agree that: upon completion of a satisfactory title search and examination, it will furnish a Title Insurance Commitment; and it will issue a Title Insurance Policy provided that all requirements have been fulfilled. Closing Company H Agrees 0 Does Not agree to flunish copies of Exceptions. 3. INFORMATION, PREPARATION, CLOSING, RECORDING. Closing Company is authorized to obtain any information necessary for the Closing. Closing Company agrees to prepare (excluding legal documents), deliver, and record all documents required or customarily recorded, and disburse all funds pursuant to the Contract that are necessary to carry out the terms and conditions of the Contract. 4. CLOSING FEE. Closing Company will receive a fee of $450.00 for providing closing and settlement services (Closing Fee). 5. RELEASE, DISBURSEMENT. Closing Company is not authorized to release any signed documents or things of value prior to receipt and disbursement of Good Funds, except as provided in §§ 9, 10 and 11. 6. DISBURSER. Closing Company shall disburse all funds, including real estate commissions, except those funds as may be separately disclosed in writing to Buyer and Seller by Closing Company or Buyer's lender on or before Closing. All parties agree that no one other than the disburser can assure that payoff of loans and other disbursements will actually be made. 7. SELLER'S NET PROCEEDS. Seller will receive the net proceeds of Closing as indicated: ❑ Cashier's Check, at Seller's expense 0 Funds Electronically Transferred (wire transfer) to an account specified by Seller, at Seller's expense 0 Closing Company's trust account check. 8. CLOSING STATEMENT. Closing Company will prepare and deliver an accurate, complete and detailed closing statement to Buyer and Seller at time of Closing. 9. FAILURE OF CLOSING. If Closing or disbursement does not occur on or before the Closing Date set forth in the Contract Closing Company, except as provided herein, is authorized and agrees to return all documents, monies, and things of value to the depositing party, upon which Closing Company will be relieved from any further duty, responsibility or liability in connection with these Closing Instructions. In addition, any promissory note, deed of trust, or other evidence of indebtedness signed by Buyer, will be voided by Closing Company, with the originals returned to Buyer and a copy to Buyer's lender. 10. RETURN OF EARNEST MONEY. Except as otherwise provided in § 11, Earnest Money Dispute, if the Earnest Money has not already been returned following receipt of a Notice to Terminate or other written notice of termination, Earnest Money Holder shall release the Earnest Money as directed by the written mutual instructions. Such release of Earnest Money shall be made within five days of Earnest Money Holder's receipt of the written mutual instructions signed by both Buyer and Seller, provided the Earnest Money check has cleared. 11. EARNEST MONEY DISPUTE. In the event of any controversy regarding the Earnest Money (notwithstanding any termination of the Contract), Earnest Money Holder shall not be required to take any action. Earnest Money Holder, at its option and sole subjective discretion, has several options: (1) await any proceeding, (2) interplead all parties and deposit Earnest Money into a court of competent jurisdiction and shall recover court costs and reasonable attorney and legal fees, or (3) provide notice to Buyer and Seller that unless Earnest Money Holder receives a copy of the Summons and Complaint or Claim (between Buyer and Seller) containing the case number of the lawsuit (Lawsuit) within one hundred twenty days of Earnest Money Holder's notice to the parties, Earnest Money Holder shall be authorized to return the Earnest Money to Buyer. In the event Earnest Money Holder does receive a copy of the Lawsuit, and has not interpled the monies at the time of any Order, Earnest money Holder shall disburse the Earnest Money pursuant to the Order of the Court. 12. SUBSEQUENT AMENDMENTS. Any amendments to, or termination of, these Closing Instructions must be in writing and signed by Buyer, Seller and Closing Company. 13. CHANGE IN OWNERSHIP OF WATER WELL: Within sixty days after Closing, Closing Company shall submit any required Change in Ownership form or registration of existing well form to the Division of Water Resources in the Department of Natural Resources (Division), with as much information as is available, and the Division shall be responsible for obtaining the necessary well registration information directly from Buyer. Closing Company shall not be liable for delaying Closing to ensure Buyer completes any required form. 14. WITHHOLDING. The Internal Revenue Service and the Colorado Department of Revenue may require Closing Company to withhold a substantial portion of the proceeds of this sale when Seller is either of the following: (a) is a foreign person or (b) will not be a Colorado resident after Closing. Seller should inquire of Seller's tax advisor to determine if withholding applies or if an exemption exists. 15. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate Commission.) 16. COUNTERPARTS. This document may be executed by each party, separately, and when each party has executed a copy, such copies taken together shall be deemed to be a full and complete contract between the parties. 17. BROKER'S COPIES. Closing Company shall provide, to each broker in this transaction, copies of all signed documents that such brokers are required to maintain pursuant to the rules of the Colorado Real Estate Commission. 18. NOTICE, DELIVERY AND CHOICE OF LAW. 18.1. Physical Delivery. Except as provided in § 18.2, all notices must be in writing. Any notice or document to Buyer is effective when physically received by Buyer, any individual buyer, any representative of Buyer, or Brokerage Firm of Broker working with Buyer. Any notice or document to Seller shall be effective when physically received by Seller, any individual seller, any representative of Seller, or Brokerage Firm of Broker working with Seller. Any notice or document to Closing Company shall be effective when physically received by Closing Company, any individual of Closing Company, or any representative of Closing Company. 18.2. Electronic Delivery. As an alternative to physical delivery, any signed documents and written notice may be delivered in electronic form by the following indicated methods only: 0 Facsimile Bi E-mail H Internet 0 No Electronic Delivery. Documents with original signatures shall be provided upon request of any party. 18.3.. Choice of Law. This contract and all disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Colorado that would be applicable to Colorado Residents who sign a contract in this state for a property located in Colorado. CL8-9-12. CLOSING INSTRUCTIONS SELLER: BUYER: Note Acqui Corpora evade ng, President County of Weld, a political subdivision of the State of Colorado, by and through the Board of County' Commissioners of the County of7eld C ///7// Date by: Date Closing Company: }ieritaoe Title Company, Inc. 2017 Escrow Officer Authorized Signature Title Address: 2510 E. Harmony Rd. Suite 201 Fort Collins. CO 80528 Phone No.: (9701 493-3051 FaxNo.: (866) 871-2840 Electronic Address: ictavlorBheritaaetco.com November 7i Date (TO BE COMPLETED ONLY BY BROKER AND CLOSING COMPANY) (Broker) ® Working with Seller ❑ Working with Buyer engages Closing Company as Broker's scrivener to complete, for a fee not to exceed 55.00 at the sole expense of Broker, the following legal documents: El Deed ®Bill of Sale ❑ Colorado Real Estate Commission approved Promissory Note ❑Colorado Real Estate Commission approved Deed of Trust. Closing Company agrees to prepare, on behalf of Broker, the indicated legal documents pursuant to the terms and conditions of the Contract. The documents stated above shall be subject to Broker's review and approval and Broker acknowledges that Broker is responsible for the accuracy of the above documents. Brokerage Firm's Name: Broker's Name: Broker's Signature Date November 7, 2017 Date: No ember 7. 2017 Closing Company'aNain� Heritade Title C; moony. Inc. Escrow Officer November 7. 2017 Authorized Signature Title Date CL8-9-12. CLOSING INSTRUCTIONS TAX, WATER, SEWER, CITY SERVICES AND HOMEOWNER'S ASSOCIATION AGREEMENT PROPERTY: none shown, Weld County, CO THE UNDERSIGNED, have read and understand the following, and by their signatures below, agree to the following: I. TAXES, TAX PRO -RATIONS Purchaser has received, as of this date November 7, 2017, a credit from seller for taxes for the current year. This pro -ration was calculated based on: Estimate of taxes for the current year in the amount of $5.36, calculated by multiplying the most recent total assessed value of 10, by the most recent mill levy of 36.092. THIS ADJUSTMENT BETWEEN SELLER AND PURCHASER SHALL BE CONSIDERED A FINAL SETTLEMENT, AND PURCHASER IS OBLIGATED TO PAY ALL TAXES FOR THE CURRENT YEAR. Seller warrants that the above property IS NOT subject to a pending tax protest or appeal. Seller further warrants that special assessments, If any, affecting subject property are paid in full, except as reflected on the statement of settlement. II. WATER AND SEWER — Water Department — Sewer Department -Final Read Date Not Applicable IN THE EVENT THAT FINAL BILL EXCEEDS THE ESCROWED AMOUNT, ANY ADDITIONAL CHARGES ARE THE RESPONSIBILITY OF THE SELLER AND/OR BUYER. IRRIGATION WATER Not Applicable III. HOMEOWNER'S/CONDOMINIUM ASSOCIATION The above referenced property Is subject to the following homeowner's association assessments There is NO active Homeowners' Association -Heritage Title has not collected or prorated any dues for this transaction. All assessments due at the ti a of closing have been collected and prorated per the enclosed HOA status letter(s) in accordance with the pur s. contract dated August 9, 2017 If applicable, any working capital/transfer fees/statement fees have also been collect. • s r er HOA statement and purchase contract Seller hereby acknowledges that they are not aware any covenant ti • s affecti , 9 -the above referenced property. A SELLER'S INITIAL' BUYER'S INITIAL IV. WEED ABATEMENT/TRASH/REFUSE REMOVAL: Not Applicable With regards to the closing of none shown, Weld County, CO (Property Address), both' the buyer(s) and seller(s) fully understand that the telephone company, gas, electric, propane and the present hazard insurance agency will not be notified by the escrow agent. SELLER: Note A . Fulling, ent BUYER: County of Weld, a political subdivision of the State of Colorado, by and through the Board oj"County Commissioners of the County oWeld Refund Address: Note Acquisitions, Inc., a Nevada Corporation Buyer's Forwarding Address ( / 5—O O ,r -!^E--.4- C1)0LC ,c,,t� k"6)G3/ Special Instructions Reference #: Buyer Phone # �"7 Tyy1) 7 3 �57r, _., VC O O k 4L-3 Email: �� C C 6L)-e--e--O( c C -V , c'-'z).7-1Seller Phone#: Email: twshlc - Tax, Water, HOA Agreement ESCROW #: 459-H0512885-081-KT6 ATTACHED LEGAL DESCRIPTION That portion of the NE1/4 of Section 21, Township 11 North, Range 60 West of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: Considering a line that runs from the E1/4 corner of Section 21, Township 11 North, Range 60 West of the 6th P.M. to the N1/4 corner of Section 21, Township 11 North, Range 60 West of the 6`h P.M. to bear an assumed bearing of North 45°45'25" East with all bearings contained herein relative thereto. Beginning at the Northeast corner of Section 21, Township 11 North, Range 60 West of the 6`h P.M.; thence along the East line of the NE1/4 of said Section 21 South 01°45'07" West 631.00 feet; thence North 88°14'53" West 698.37 feet to the TRUE POINT OF BEGINNING; thence North 88°00'09" West 317.98 feet; thence North 02°07'29" East 264.51 feet; thence South 88°00'09" East 317.98 feet; thence South 02°07'29" West 264.51 feet, more or less, to the TRUE POINT OF BEGINNING. Also Known as: none shown, Weld County, CO 459-H0512885-081-KT6 CERTIFICATE OF NON -FOREIGN STATUS Section 1445 of the Internal Revenue Code provides that a transferee (buyer) of a U.S. real property interest must withhold tax if the transferor (seller) is a foreign person. To inform County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the County of Weld (the "Transferee") that withholding of tax is not required upon the disposition of a U.S. real property interest by Note Acquisitions, Inc., a Nevada Corporation (the "Transferor"), the undersigned hereby certifies the following on behalf of the Transferor: 1. That the Transferor is the owner of the following described property, to wit: See Exhibit A attached hereto and made a part hereof. 2. The Transferor is not a non-resident alien for purposes of the U.S. income taxation (as such term is defined in the Internal Revenue Code and Income Tax Regulations). 3. The Transferor's U.S. taxpayer identification number (Social Security Number) is Seller # 1 Seller # 2 4. The Transferor's address is: 5. The Transferor understands that this certification may be disclosed to the Internal Revenue Service by the Transferee and that any false statement contained herein could be punishable by fine, imprisonment or both. UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE EXAMINED THIS CERTIFICATION AND TO THE BEST OF MY KNOWLEDG + % : LIEF IT IS TRUE, CORRECT AND COMPLETE, AND I FURTHER DECLARE T I f AUTHOR r TO SIGN THIS DOCUMENT ON BEHALF OF THE TRANSF SELLE Not - Ac • si o17.,l�Tr' da Corporation by:Mark Fulling, President Disclosures Escrow #: 459-H0512885-081-KT6 PROPERTY ADDRESS: none shown, Weld County, CO THE UNDERSIGNED, have read and understand the following, and by their signatures below, agree to the following: Post Closing Escrows: Funds may be collected and held in escrow by closing agent to pay items for which the amounts due are not known at the time of closing or for which the payment of such items cannot be confirmed as of the date of closing or disbursement. These Items may include but are not limited to taxes, recordings, repairs, water, sewer or utilities and will be listed as an estimate or escrow for said item on the HUD1 or other applicable settlement statement. Upon confirmation of the amount due by closing agent, said items will be paid in full in accordance with the contract and or lender's closing Instructions with any refund due to be disbursed to the depositing party. In the event the new lender's closing instructions prohibit funds be returned to the borrower, funds will be held until additional instructions are obtained from the lender. Check Disbursement Procedures: In the event any check is later returned to Heritage Title Company, to be replaced or otherwise disbursed, Heritage Title will only be able to disburse said funds after a stop payment has been placed on the returned check and confirmation of that stop has been received from the issuing bank the following business day. Disclosure of Possible Benefits to Closing Company: As a result of Closing Company maintaining its general escrow accounts with the depositories, Closing Company may receive certain financial benefits such as an array of bank services, accommodations, loans or other business transactions from the depositories ("collateral benefits"). All collateral benefits shall accrue to the sole benefit of Closing Company and Closing Company shall have no obligation to account to the parties to this escrow for the value of any such collateral benefits. You have the opportunity to earn interest on your escrowed funds as follows:. As an example: the amount of interest you can earn on a deposit of $1000.00 for a thirty day period at an interest rate of 4% is $3.33. Interest earned is dependent on the amount of the deposit, length of time of the deposit and the prevailing interest rate. To establish an interest bearing account, ask for an "Escrow Instruction -Interest Bearing Account," complete the form and return it to your escrow officer. The charge to set up and service the interest bearing account shall not exceed $100.00 FIRPTA Waiver Of Settlement Agent Responsibility Heritage Title Company, Inc. Is released from and shall have no liability, obligation or responsibility with respect to, (a) withholding of funds pursuant to Section 1445 of the Internal Revenue Code 1986 as amended, (b) advising the parties as to the requirements of such Section or (c) determining whether the transferor is a foreign person under such Section or otherwise making any inquiry concerning compliance with such Section for any party to the transaction. BUYER: County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the unty o ,Weld by: REO Loan # cfmrev ATTACHED LEGAL DESCRIPTION That portion of the NE1/4 of Section 21, Township 11 North, Range 60 West of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: Considering a line that runs from the E1/4 corner of Section 21, Township 11 North, Range 60 West of the P.M.6"' to the N1/4 corner of Section 21, Township 11 North, Range 60 West of the 6th P.M. to bear an assumed bearing of North 45°45'25" East with all bearings contained herein relative thereto. Beginning at the Northeast corner of Section 21, Township 11 North, Range 60 West of the 6h P.M.; thence along the East line of the NE1/4 of said Section 21 South 01°45'07" West 631.00 feet; thence North 88°14'53" West 698.37 feet to the TRUE POINT OF BEGINNING; thence North 88°00'09" West 317.98 feet; thence North 02°07'29" East 264.51 feet; thence South 88°00'09" East 317.98 feet; thence South 02°07'29" West 264.51 feet, more or less, to the TRUE POINT OF BEGINNING. Also Known as: none shown, Weld. County, CO 459-H0512885-081-KT6 FIRPTA STATEMENT BY QUALIFIED SUBSTITUTE FIRPTA Withholding is NOT Required Internal Revenue Code Section 1445(b) (g) To: County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the County of Weld- Buyer (Transferee) Re: Escrow Number: H0512885 Property Address: none shown Weld County, CO Seller: Note Acquisitions, Inc., a Nevada Corporation Section 1445 of the Internal Revenue Code provides that a transferee (Buyer) of a U.S. Real Property interest must withhold tax if the transferor (Seller) is a foreign person. To inform the transferee (Buyer) that withholding of tax is not required upon the transferor's (Seller) disposition of a U.S. Real Property interest, Heritage Title Company, Inc. certifies the following: 1) Heritage Title Company, Inc. is the settlement services provider in this transaction and is not the agent of the transferor. 2) Seller, as named above, has deposited into this escrow transaction a FIRPTA Non -Foreign Affidavit which indicates that FIRPTA withholding is not required as a result of the disposition of this property. Escrow holder is NOT making any certification as to the accuracy or correctness of the information submitted by Seller, only that the form has been given to escrow holder indicating that no withholding is required. 3) The completed Affidavit, from the Seller, will be maintained in the above referenced escrow file, until such a time as the file is destroyed. Destruction of the file is pursuant to our general provisions. 4) Requests --for additional information concerning the Affidavit described above, should be sent to: Heritage Title Company, Inc.. (� Date: November 7, 2017 Kiersti Taylor, Escrow Officer Received by Buyer: BUYER: County of Weld, a political subdivision of the State of Colorado, by and through the Board of County olssioners Qf the County of Weld by: Original: Give to Buyer Copy: Maintained in Escrow File Provided to any Representative of the Buyer ATTACHED LEGAL DESCRIPTION That portion of the NE1/4 of Section 21, Township 11 North, Range 60 West of the 6`h P.M., County of Weld, State of Colorado, being more particularly described as follows: Considering a line that runs from the .E1/4 corner of Section 21, Township 11 North, Range 60 West of the 6`h P.M. to the N1/4 corner of Section 21, Township 11 North, Range 60 West of the 6th P.M. to bear an assumed bearing of North 45°45'25" East with all bearings contained herein relative thereto. Beginning at the Northeast corner of Section 21, Township 11 North, Range 60 West of the 6th P.M.; thence along the East line of the NE1/4 of said Section 21 South 01°45'07" West 631.00 feet; thence North 88°14'53" West 698.37 feet to the TRUE POINT OF BEGINNING; thence North 88°00'09" West 317.98 feet; thence North 02°07'29" East 264.51 feet; thence South 88°00'09" East 317.98 feet; thence South 02°07'29" West 264.51 feet, more or less, to the TRUE POINT OF BEGINNING. Also Known as: none shown, Weld County, CO 459-H0512885-081-KT6 RE: Commitment No. 459-H0512885-081-KT6 State of Colorado County of WELD AFFIDAVIT AND INDEMNITY AGREEMENT TO HERITAGE TITLE COMPANY, INC., a Colorado Corporation and Commonwealth Land Title Insurance Company, a Florida Corporation. 1. This is written evidence to you that there are no unpaid bills, and to the extent there may be unpaid bills, that the undersigned undertakes and agrees to cause the same to be paid such that there shall be no mechanics or materialmen's liens affecting the property for materials or labor furnished for construction and erection, repairs or improvements contracted by or on behalf of the undersigned on property: legally described as: See Exhibit A attached hereto and made a part hereof. Property Address: none shown, Weld County, CO 2. We further represent that to the actual knowledge and belief of the undersigned there are no public Improvements affecting the property prior to the date of closing that would give rise to a special property tax assessment against the property after the date of closing. 3. We further represent that to the actual knowledge and belief of the undersigned there are no pending proceedings or unsatisfied judgments of record, in any Court, State, or Federal, nor any tax liens filed or taxes assessed against us which may result in liens, and that If there are judgments, bankruptcies, probate proceedings, state or federal tax liens of record against parties with same or similar names, that they are not against us. 4. We further represent that there are no unrecorded contracts, leases, easements, or other agreements or interests relating to said premises of which we have knowledge. 5. We further represent that to the actual knowledge and belief of the undersigned we are in sole possession of the real property described herein other than leasehold estates reflected as recorded items under the subject commitment for title insurance. 6. We. further represent that there are no unpaid charges and assessments that could result in a lien in favor of any association of homeowners which are provided for in any document referred to in Schedule B of Commitment referenced above. 7. We further understand that any payoff figures shown on the settlement statement have been supplied to Heritage Title Company, Inc. as settlement agent by the seller's/borrower's lender and are subject to confirmation upon tender of the payoff to the lender. If the payoff figures are inaccurate, we hereby agree to Immediately pay any shortage(s) that may exist. If applicable as disclosed or referred to on Schedule A of Commitment referenced above. The undersigned affiant(s) know the matters herein stated are true and indemnifies HERITAGE TITLE COMPANY, INC., a Colorado Corporation and Commonwealth Land Title Insurance Company, a Florida Corporation against loss, costs, damages and expenses of every kind incurred by It by reason of its reliance on the statements made herein. This agreement is executed with and forms a part of the sale and/or financing of the above described premises, and is given In addition to the conveyance and/or financing of the premises in consideration for the conveyance and/or financing, and forms a complete agreement by itself for any action thereon. }SS: foregoing instrument was acknowledged, subscribed, an swo to before me November 7, 2017 .y j - • President of,Note Aquisitions, Inc._4-,a Ne/lfi/rporation. her r State at Public M of Public ( Kission Expires: May 28, 202 LIC# 134007843 Notary Public fill` My Commission Expires: RE: Commitment No. 459-H0512885-081-Kr6 REO Loan g AFFINDEM-Affidavit and Indemnity Agreement ATTACHED LEGAL DESCRIPTION That portion of the NE1/4 of Section 21, Township 11 North, Range 60 West of the 6`h P.M., County of Weld, State of Colorado, being more particularly described as follows: Considering a line that runs from the E1/4 corner of Section 21, Township 11 North, Range 60 West of the 6`h P.M. to the NI/4 corner of Section 21, Township 11 North, Range 60 West of the 6`h P.M. to bear an assumed bearing of North 45°45'25" East with all bearings contained herein relative thereto. Beginning at the Northeast corner of Section 21, Township 11 North, Range 60 West of the 6th P.M.; thence along the East line of the NE1/4 of said Section 21 South 01°45'07" West 631.00 feet; thence North 88°14'53" West 698.37 feet to the TRUE POINT OF BEGINNING; thence North 88°00'09" West 317.98 feet; thence North 02°07'29" East 264.51 feet; thence South 88°00'09" East 317.98 feet; thence South 02°07'29" West 264.51 feet, more or less, to the TRUE POINT OF BEGINNING. Also Known as: none shown, Weld County, CO 459-140512885-081-KT6 After Recording Return to: County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the County of Weld Frank Haug Doc Fee: $ WARRANTY DEED This Deed, made November 7, 2017 Between Note Acquisitions, Inc., a Nevada Corporation of the County Weld, State of COLORADO, grantor(s) and County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the County of Weld, whose legal address is County of Weld, and State of COLORADO, grantee. WITNESS, That the grantor, for and in the consideration of the sum of TWO HUNDRED TEN THOUSAND DOLLARS AND NO/100'S ($210,000.00) the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld, State of COLORADO described as follows: See Exhibit A attached hereto and made a part hereof. also known by street and number as none shown, Weld County, CO TOGETHER with all and singular hereditaments and appurtenances, thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD 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 of nature so ever, except for taxes for the current year, a Ilen but not yet due and payable, and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with section 8.1 (Title Review) of the contract dated August 9, 2017, between the parties. 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 WHE : , :canto' as executed this on the date set forth above. SELLER: Note • ca io ,liaf., • eva • Corporation STATE OF COLORADO COUNTY OF WELD Fulling, Pre nt }ss: The foregoing instrument was acknowledged, subscribed and swornto'b"efore me November 7, 2017 by Mark Fulling, President of Note Aquisitions, Inc., a Nevada Corporation. Witness my hand and official seal. Miner ESCROW NO. 45 Mite WDrev State of Colorado 'salon Expires: May 28, 2021 'Ott 19934007843 Notary PUblic Exhibit A That portion of the NE1/4 of Section 21, Township 11 North, Range 60 West of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: Considering a line that runs from the E1/4 corner of Section 21, Township 11 North, Range 60 West of the 6th P.M. to the N1/4 corner of Section 21, Township 11 North, Range 60 West of the 6th P.M. to bear an assumed bearing of North 45°45'25" East with all bearings contained herein relative thereto. Beginning at the Northeast corner of Section 21, Township 11 North, Range 60 West of the 6th P.M.; thence along the East line of the NE1/4 of said Section 21 South 01°45'07" West 631.00 feet; thence North 88°14'53" West 698.37 feet to the TRUE POINT OF BEGINNING; thence North 88°00'09" West 317.98 feet; thence North 02°07'29" East 264.51 feet; thence South 88°00'09" East 317.98 feet; thence South 02°07'29" West 264.51 feet, more or less, to the TRUE POINT OF BEGINNING. REAL PROPERTY TRANSFER DECLARATION (TD -1000) GENERAL INFORMATION Purpose: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. Refer to 39-14-102(4), Colorado Revised Statutes (C.R.S.). Requirements: All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor (seller) or grantee (buyer). Refer to 39-14-102(1)(a), C.R.S. Penalty for Noncompliance: Whenever a Real Property Transfer Declaration does not accompany the deed, the clerk and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration be returned within thirty days after the notice is mailed. If the completed Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice, the assessor may impose a penalty of $25.00 or .025% (.00025) of the sale price, whichever is greater. This penalty may be imposed for any subsequent year that the buyer fails to submit the declaration until the property is sold. Refer to 39-14-102(1)(b), C.R.S. Confidentiality: The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer. However, it is only available to the seller if the seller filed the declaration. Information derived from the Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law. Refer to 39-5-121.5, C.RS and 39-13-102(5)(c), C.R.S. 1. Address or legal description of real property: Please do not use P.O. Box numbers. none shown, Weld County, CO PT N2NE4 21 1160 LOT A REC EXEMPT RE -4715 2. Type of property purchased: 0 Single Family Residential 0 Townhome ❑ Condo um 0 Multi -Unit Res 0 Commercial ❑ Industrial 0 Agricultural 0 Mixed Use Vacant Land ❑ Other 3. Date of Closing: November 7.2017 Month Day Year Date of Contract if Different than date of closing: August 9, 2017 Month Day Year 4. Total sale price: Including all real and personal property. $210,000.00 5. Was any personal property included in the transaction? Personal property would include, but is not limited to, c eting, drapes, free standing appliances, equipment, inventory, furniture. If the personal property is not listed, thg�entire purchase price will be assumed to be for the real property as per 39-13-102, C.R.S. ) ( Yes No— If yes ,approximate value $ JS -0 / O U O Describe 6. Did the total sale price include a trade or exchange of additional real or personal property? If yes, give the approximate value of the goods or services as of the date of closing. O Yes V No If yes, value S If yes, does this transaction involve a trade under IRS Code Section 1031? 0 Yes ❑ No 7. W x'100% interest in the real property purchased? Mark "no" if only a partial interest is being purchased. ..Q" Yes 0 No If no, interest purchased 8. Is this a transaction among related parties? Indicate whether the buyer or seller are related. Related parties include persons 'within the same family, business affiliates, or affiliated corporations. O Yes No 9. Check any of the following that apply to the condition of the improvemenjs-at the time of purchase. ❑ New 0 Excellent 0 Good 0 Average 0 Fair PV Poor 0 Salvage. Escrow No. 459-H0512885-081-Kiersti Taylor RPTRNSFR-Real Property Transfer Declaration If the prois financed, please complete e following. 1) otal amount financed: $ 11. Type of financing: (Check all th ❑ New ❑ Assumed ❑ Seller ❑ Third Party ❑ Combination; E .lain apply) 12. Terms ❑ Variable; Starting interest rate ❑ Fixed; terest rate Length oft . e years Balloon yment ❑ Yes 0 No If yes, amount S Due date 13. Mark : ny that apply: OSeller assisted down payments, 0 Seller concessions, Special terms or financing. If Irked, please specify: Fo properties other than residential (Residential is defined as: single family detached, town homes, apartments and c ndominiums) please complete questions 14-16 if applicable. Otherwise, skip to #17 to complete. 14. id the purchase price include a franchise or license fee? ❑ Yes 0 No If yes, franchise or license fee value $ 5. Did the purchase price involve an installment land contract? 0 Yes ❑ No If yes, date of contract 16. If this was a va closing? land sale, was an on -site inspection of the property conducted by the buyer prior to the Yes ❑ No Remarks: Please include any additional information concerning the sale you may feel is important. 17. Signed this November 7, 2017. Enter the day, month, and year, have at least one of the parties to the transaction sign the document, and include an address and a daytime phone number. Please designate buyer or seller. BUYER: County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Coq}missioner3.a, th aunty of Wel idu (, by: Signature of Grantee (Buyer) Ed 18.All Future correspondence (tax bills, property valuations, etc.) regarding this property should be mailed to : .r/ // S7' Address (mailing) Cz L CU. "D?D1 City, State and Zip Code J I Daytime Phone ATTACHED LEGAL DESCRIPTION That portion of the NE1 /4 of Section 21, Township 11 North, Range 60 West of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: Considering a line that runs from the E1/4 corner of Section 21, Township 11. North, Range 60 West of the 6"' P.M. to the N1/4 corner of Section 21, Township 11 North, Range 60 West of the 6`h P.M. to bear an assumed bearing of North 45°45'25" East with all bearings contained herein relative thereto. Beginning at the Northeast corner of Section 21, Township 11 North, Range 60 West of the 6`h P.M.; thence along the East line of the NE1/4 of said Section 21 South 01°45'07" West 631.00 feet; thence North 88°14'53" West 698.37 feet to the TRUE POINT OF BEGINNING; thence North 88°00'09" West 317.98 feet; thence North 02°07'29" East 264.51 feet; thence South 88°00'09" East 317.98 feet; thence South 02°07'29" West 264.51 feet, more or less, to the TRUE POINT OF BEGINNING. Also Known as: none shown, Weld County, CO 459-I10512885-081-KT6 DR1083 (10/17/13) COLORADO DEPARTMENT OF REVENUE DENVER, CO 80261-0005 wwwTaxColorado.com INFORMATION WITH RESPECT TO A CONVEYANCE OF A COLORADO REAL PROPERTY INTEREST 1. Transferor's Last Name First Name Middle Initial Note Acquisitions, Inc., a Nevada Corporation Address City State Zip Spouse's Last Name (If applicable) First Name Middle Initial Address City State Zip 2. Transferor Is (check one): O Individual O Estate O Corporation O Trust O Other (specify) If other, please specify: 3. SSN Colorado Account Number 4. FEIN 5. Type of property sold Commercial Sale/Loan 6. Date of closing (MM/DD/YY) 11/07/17 7. Address or legal description of property sold none shown City Weld County State COLORADO Zip 8. Selling price of the property $210,000.00 9. Selling price of this transferor's interest: $210,000.00 10. If Colorado tax was withheld, check this box O 11. Amount of tax withheld $ 12. If withholding is not made, give reason (Check one): a. Affirmation of Colorado residency signed ❑ b. Affirmation of permanent place of business signed c. Affirmation of principal residence signed O d. Affirmation of partnership signed O e. Affirmation of no tax reasonably estimated to be due to no gain on sale signed O f. No net proceeds . O 13. Title Insurance Company Heritage Title Company, Inc. Phone Number (970) 493-3051 Address 2510 E. Harmony Rd. Suite 201 City State Zip , Fort Collins, CO 80528 File this form together with DR 1079, if applicable, within 30 days of the closing date with the COLORADO DEPARTMENT OF REVENUE Denver, CO 80261-0005 SFRM0o77 (Rev. 02/24/14) Order No. H0512885-081-KT6 Affirmation of Colorado Residency I (we) hereby affirm that I am (we are) the transferor(s) or the fiduciary of the transferor of the property described on this DR 1083 and that as o he date of closing I am (we are) or the estate or the trust is a resident of the State of Colorado. Signed under - al of perjury: Signature Spo ciary pplicable) Date (MM/DD/YY) Date (MM/DD/YY) Affirmation of Permanent Place of Business I hereby affirm that the transferor of the property described on this DR 1083 is a corporation which maintains a permanent place of business in Colorado. Signed under the penalty of perjury: Signature of corporate officer Date (MM/DD/YY) Affirmation of Sale by Partnership I hereby affirm that the transfer of property described on this DR 1083 was sold by an organization defined as a partnership under section 761(a) of the Internal Revenue Code and required to file an annual federal partnership return of income under section 6031(a) of the Internal Revenue Code. Signed under the penalty of perjury: Signature of general partner Date (MM/DD/YY) Affirmation of Principal Residence I hereby affirm that I am (we are) the transferor(s) of the property described on this DR 1083 and immediately prior to the transfer it was my (our) principal residence which could qualify for the exclusion of gain provision of section 121 of the Internal Revenue Code. Signed under the penalty of perjury: Signature of transferor Date (MM/DD/YY) Spouse's signature (if applicable) Date (MM/DD/YY) Affirmation of No Reasonably Estimated Tax to be Due I hereby affirm that I am (we are) the transferor(s) or an officer of the corporate -transferor or a fiduciary of the estate or trust -transferor of the property described on the front side of this form, and I (we) further affirm that there will be no Colorado income tax reasonably estimated to be due on the part of the transferor(s) as the result of any gain realized on the transfer. Please understand before you sign this affirmation that nonresidents of Colorado are subject to Colorado tax on gains from the sale of Colorado real estate to the extent such gains are included in federal taxable income. Signed and Signatu;If Spouse's Si. _ " appl Order No. H0512885-081-KT6 SFRM0077 (Rev. 02/24/14) ACCESS EASEMENT AGREEMENT ISAE.CESS EASEMENT AGREEMENT (hereinafter -referred to as "Agreement") is made this <3 day of tki of t,'1 1ri 2€1°l7, by and. between TYLER JOLLY and BRITTNEY JOLLY, whose address is 62695 WCR 105,. Grover, CO 80729, hereinafter referred -to as "Grantors," and WELD COUNTY, COLORADO, by and through the Board of County Commissioners of Weld County, whose address is P.O. Box 758, 1150 O Street, Greeley, CO 80632, hereinafter referred to as "Grantee." WITNESSETH: WHEREAS, Grantors is the owner of the property described aathe N2' of. the NE4 of Section 22 Township 11 North, Range' 60 West of the' 6' P.M., Weld County, Colorado, being hereinafter referred to as the "Jolly Property," and WHEREAS,. Grantee is the owner of the property described as Lot A of RE -4715 in Section 21, Township 11 North, Range 60 West of the 6jh P.M., Weld County, Colorado, being hereinafter referred to as the 'County Property," and WHEREAS, Grantee plans to demolish a c rtent communications tower andbuild as new communications tower on County Property, and WHEREAS, Grantee is now in need of obtaining from Grantors an easement on a two - track road extending east and west across; the Jolly.. Property, to provide act,to the County Property from Weld County Road ("WCP:") 105•, and WHEREAS, through this Agreement, Grantors agrees to provide such access easement to Grantee, pursuant to the terms set forth herein. NOW, THEREFORE, -for d in corasideratican of.the nun of Ten Dollars ,($10.00) in hand paid by Grantee to Grantors, and for other good and valuable consideration, the receipt: and sufficiency of,which are hereby acknowledged, the parties hereto do hereby agree and - covenant as follows: 1. Grantors do hereby grant, sell, convey, assign and set over to Grantee an irrevocable access easement, appurtenant to and running with the land and binding and inuring to the benefit of the partiea to this. Agreement, their successorsor assigns, for "ingress:. and egress. to the County Propertyon a two -track road extending east and west across the Jolly Property from Weld County Road ("WCR") 105. The access, .easement granted herein is; hereinafter referred to -.as the "County Access Easement." 2. The County Access Easement shall be used by Grantee give construction and maintenance crews access to a communications tower located on the County Property. -Grantee intends to demolish thecurrent tower located: on the- County Property and build a new tower in its place. After .construction -,ofthe tower, traffic on 1 the County Access Easement shall be limited to occasional maintenance or placement of communications equipment on the tower. 3. 'Grantee :agrees- to maintain the County Access Easement in an :adequate _=state of cleanliness and repair at the cost .and<expens. e of the Grantee. 4. Any breach of this Agreement shall give rise to the non -breaching party's right to bring an action against the breaching party for injunctive or other equitable relief and/or damages. In the event of such action, the prevailing party shall be entitled to recover its. reasonable attorney'sfeea.from the other -1y._ 5. The easements, restrictions, benefits; and obligationsset forth in this Agreement shall create easements, restrictions„ benefits and servitudes uponthe Jolly Property, running with the land, which shall be perpetual. 6. This Agreement shall create privity of contact and estate with and among the parties hereto. and:; all.; grantees of.all.orany part of the Jolly Propertyand the County Property, theirsuccessorsand assigns. 7. This Agreementshall be binding upon Grantee and Grantors, their successor and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth above. GRANTOR: State of Colorado La.u; ) SS County of Weld ) ACKNOWLEDGED before nxe t : ' day of Aiv r r ,^, . �'�� 1, by Tyler Jolly, Grantor. QM COUNTY CCFF ,.o official se C+F My Commission Expires: `'1l`i;tr_'rti Notary Public GRANTOR: Brittney Jolly State Ofd ss County of Weld ACKNOWLEDGED before il]is '_ day of \`�.\u-%+e te34- "ii , ayC61 7, by Brittney Jolly, Grantor. WITNESS m hand and official seal. MICHELLE. IiiCHAAS NOTAAlt "COUNTY OF is t.iTA E OF LARAj'°aIE ti"' VVYV.Vi.ivG Cn4vi P,U)NE.l'c;r.:..-,C.f)t 24 2)r 4,: �C.✓'.ww�waJed""`+Niww.�+R^eu^+.wry^Y.�.t��i�^'4�.�'+a+rr.r.r� My Conmission Expires: \c,; = ` - :2(.1) GRANTEE: ,ATTEST: e,��c Weld County Clerk to the Notary Public bllc ARD OF COUNTY COMMISSIONERS LD COUNTY, COLORADO eputy Clerk to the Board Julie A. Cozad, Chair 3 Hello