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Home My WebLink About20173852.tiffHeritage Title Company MakingTrinsxriuns Perwnal Com..,.,..., ,jt 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 40800 County Road 15 Fort Collins, CO 80524 File Number: 459-H0512883-081-KT6 Property Address: 40800 County Road 15, Fort Collins, CO 80524 Policy Number: CO-FFAH-IMP-81306-1-17-H0512883 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. abrYlrn O1.'15 f I'1 AMERICAN LAND TITLE SSOCIATION aO(7 3gsa PRoo35 Commonwealth Land Title Insurance Company POLICY NO.: CO-FFAH-IMP-81306-1-17-H0512883 OWNER'S POLICY OF I LE 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 LAND TITLE ASSOCIATION Order No.: H0512883-081-KT6 Policy No.: CO-FFAH-IMP-81306-1-17-110512883 (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: By By: Authorized Officer or Agent 81306 (6/06) Randy Quirk, President Attest Michael GravelSa. Secretary 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.: H0512883-081-KT6 Policy No.: CO-FFAH-IMP-81306-1-17-H0512883 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.: 110512883-081-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-H0512883 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, 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; 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 LAND TITLE ASSOCIATION Order No.: 110512883-081-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-81306-1-17-110512883 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 ___ .._...._. LAND TITTLE ASSOCIATION Order No.: H0512883-081-KT6 Policy No.: CO-FFAH-IMP-81306-1-17-110512883 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 LANDTITI.E ASSOCIATION Order No.: H0512883-081-KT6 Policy No.: CO-FFAH-IMP-81306-1-17-H0512883 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-H0512883 Order No.: H0512883-081-KT6 Address Reference: 40800 County Road 15, Fort Collins, CO 80524 Amount of Insurance: $240,000.00 Date of Policy: November 8, 2017 at 01:14 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: A 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.: H0512883-081-KT6 Policy No.: CO-FFAH-IMP-81306-1-17-H0512883 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: A tract of land in the Northwest Quarter of the Northwest Quarter of Section 8, Township 7 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado, more particularly described as follows: Beginning at a point on the West line of said Section 8 that is North 0°28' East 852.09 feet to the Northwest corner of said Section 8. Thence South 89°32' East 280 feet to a brass cap monument; thence South 0°28' West 250.00 feet to a brass cap monument; thence North 89°32' West 280 feet to a point on the West line of said Section 8; thence North 0°28' East 250 feet to the 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 ... ....I____. LAND TITLE ASSOCIATION Order No.: H0512883-081-KT6 Policy No.: CO-FFAH-IMP-81306-1-17-110512883 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. Right of Way and rights incidental thereto for County Roads 30 feet on either side of Section and Township lines as established by the Board of County Commissioners for Weld County, as set forth in a document: Recording Date: Recording No: October 14, 1889 Book 86 at Page 273. 9. Right of way, whether in fee or easement only, as set forth below: Purpose: Recording Date: Recording No.: Road March 7, 1907 Book 250 at Page 42. 10. Reservations contained in the Patent recorded December 15, 1909 in book 131 at Page 290 which among other things recites as follows: Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes and rights to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of the courts; and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises hereby granted, as provided by law; and the reservation from the lands hereby granted of a right of way thereon for ditches or canals constructed by the authority of the United States. 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.: 110512883-081-KT6 Policy No.: CO-FFAH-IMP-81306-1-17-110512883 SCHEDULE B (Continued) 11. Reservations, easements, terms, conditions, provisions, agreements and obligations contained in the Colorado Quitclaim Deed as set forth below: Recording Date: September 8, 2000 Recording No.: 2792520. 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. / VAA/7 Date os Fulling Date 012)trAYN(..)r- c., cx-+; O rS ll/13/17 cc -'ca c PH) t t ! '7 / I '7 2017-3852 PRoo35 HTC Heritage Title Company Making Transactions Personal Commonwealth® ,e. LAND TITLE INSURANCE COMPANY www.heritagetco.com 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: H0512883 - 081 KT8 Close Date: 11/07/2017 Proration Date: 11/07/2017 Disbursement Date: 11/07/2017 Buyer(s)/Borrower(s): Seller(s): Property: Brief Legal: ;Des�`fl)Jtlon�H : ?1 vajl J� 4 r ti 1. _�. Jy..l".. .... ....,_,. , '. - *g.,,,,,'. - ...g. ... 'L ., .... ._ .......fuy1.+.4.. .. -. ... t 31/ WC - - - � 1/f 3 , , re. ix, ... ..-.. ... TOTAL CONSIDERATION: Total Consideration 240,000.00 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 the Annual amount of $2,914.14 2,475.02 TITLE CHARGES: Tax Cert to Heritage Title Company, Inc 10.00 Sub Totals Balance Due From Buyer/Borrower 240,235.00 2,475.02 237,759.98 Totals 240,235.00 240,235.00 County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the County of Weld Note Acquisitions, Inc., a Nevada corporation 40800 County Road 15 Fort Collits, CO 80524 PT NW4MN4 8 7 67 BEG S0D28W 852.09' FROM NW COR S89D32'E 280' 50O28W 250' N89D32W 280' N0D28'E 250' TO BEG Buyer(s)/Borrower(s): County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Commisslo rs of the County of Weld /0 'di by: /) it Date Settlement Agent: HERITAGE TITLE COMPANY, INC. by Kiersti Ta for (1 t Date We/I 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. Weft authorize HERITAGE TITLE COMPANY, INC. to cause the funds to be disbursed in accordance with this statement Printed by Kiersti Taylor on 11/2/2017 - 11:37:51AM Page 1 of 1 The printed portions of this fon', 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.: )1O512883-O81-KT6 1. PARTIES, PROPERTY. Note Acaulsitions, Inc.. a Nevada corporation Seller, and County of Weld. a political subdivision of the State of Colorado. by and throuah 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. 40800 County Road 15, Fort Collins. CO 80524, and more fully described in the Contract to Buy and Sell Real Estate, dated puaust 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 Bi Agrees ❑ 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 ® Agrees ❑ Does Not agree to furnish 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 O Funds Electronically Transferred (wire transfer) to an account specified by Seller, at Seller's expense ❑ 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: FZI Facsimile 6/1 E-mail H Internet O 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 CL8-9-12. CLOSING INSTRUCTIONS located in Colorado. SELLER: Note A BUYER: County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the County o / -�� id /7/o '?12 Dme Date by: Closing Company: Heritage Title Company. Inc. 2017 Authorized Signature Address: 2510 E. Harmony Rd. Suite 201 Fort Collins. CO 80528 Phone No.: (970) 493-3051 Fax No.: (866) 871-2840 Electronic Address: Jttavlor8heritaoetco.com Escrow Officer November 7. Title Date (TO BE COMPLETED ONLY BY BROKER AND CLOSING COMPANY) (Broker) El Working with Seller ❑ Working with Buyer engages Closing Company as Broker's scrivener to complete, for a fee not to exceed 1_5,0a at the sole expense of Broker, the following legal documents: B( Deed B1BiII 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: November 7. 2017 Closing Company's Name: Heritage Title Company. Inc. Escrow Officer November 7. 2017 Authorized Signature Title Date CL8-9-12. CLOSING INSTRUCTIONS ATTACHED LEGAL DESCRIPTION A tract of land in the Northwest Quarter of the Northwest Quarter of Section 8, Township 7 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado, more particularly described as follows: Beginning at a point on the West line of said Section 8 that is North 0°28' East 852.09 feet to the Northwest corner of said Section 8. Thence South 89°32' East 280 feet to a brass cap monument; thence South 0°28' West 250.00 feet to a brass cap monument; thence North 89°32' West 280 feet to a point on the West line of said Section 8; thence North 0°28' East 250 feet to the point of beginning. Also Known as: 40800 County Road 15, Fort Collins, CO 80524 459-H0512883-081-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 KNOWLEDGE AND BELIEF IT IS TRUE, CORRECT AND COMPLETE, AND I FURTHER DECLARE THAT I HAVE THE AUTHORITY TO SIGN THIS DOCUMENT ON BEHALF OF THE TRANSFERO SELLER: Note cq:�!i "•ns ! mac., a. evade cor�ration I n9, Disclosures Escrow It: 459-H0512883-081-KT6 PROPERTY ADDRESS: 40800 County Road 15, Fort Collins, CO 80524 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 collates -al 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 $333. 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 setup 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. SELLER: BUYER: corp AcgB' itions Inc.,/1 da Counthe ta oa political subdivision hoh of the �� the State of Colorado, by and through the Board of County Commissioners of the County of,Weld zz, by. rl H. Fulling, President by: REO Loan # cfm rev ATTACHED LEGAL DESCRIPTION A tract of land in the Northwest Quarter of the Northwest Quarter of Section 8, Township 7 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado, more particularly described as follows: Beginning at a point on the West line of said Section 8 that is North 0°28' East 852.09 feet to the Northwest corner of said Section 8. Thence South 89°32' East 280 feet to a brass cap monument; thence South 0°28' West 250.00 feet to a brass cap monument; thence North 89°32' West 2.80 feet to a point on the West line of said Section 8; thence North 0°28' East 250 feet to the point of beginning. Also Known as: 40800 County Road 15, Fort Collins, CO 80524 459-H0512883-081-KT6 RE: Commitment No. 459-H0512883-081-KT6 State of Colorado County of WELD Lindy finer (SEAL) Notary Puglia .State of Colorado My Commission Expires: May 28, 202-1_ LIC# 19934007643 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: 40800 County Road 15, Fort Collins, CO 80524 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: The foregoing instrument was acknowledged, subscribed, and s t before me November 7, 2017 by Mark H. Fulling, presi' for Note Aquisitions, In., a Nei d rporation. Notary-PUblic My Commission Expires: .-. RE: Commitment No. 459-H0512883-081-KT6 RE0 Loan N AFFINDEM-Affidavit and Indemnity Agreement TAX, WATER, SEWER, CITY SERVICES AND HOMEOWNER'S ASSOCIATION AGREEMENT PROPERTY: 40800 County Road 16, Fort Collins, CO 80524 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: Estknate of taxes for the current year in the amount of $2914.13, calculated by multiplying the most recent total assessed value of 34080, by the most recent mill levy of 85.5087. 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. 11. 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 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 th= ' •• a of closing have been collected and prorated per the enclosed HOA status letter(s) In accordance with the pu use contract dated August 9, 2017 If applicable, any working capital/transfer fees/statement fees have also been collet . = p r HOA statement and purchase contract. Seller here/ y acknowled, es that they are not aware any covenant J' I. o . affecting the above referenced property. SELLER'S INITIALS .�- BUYER'S INITIALS: IV. WEED ABATEMENT/TRASH/REFUSE REMOVAL: Not Applicable With regards to the closing of 40800 County Road 16, Fort Collins, CO 80524 (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. BUYER: County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the C•un of ;eld Refund Address: Note Acquisitions, Inc., a Nevada corporation Buyer's Forwarding Address Special Instructions Reference #: Buyer Phone # Email: Seller Phone#: Email: twshir - Tax, Water, HOA Agreement ESCROW #: 459-H0512583-081-Kf6 ATTACHED LEGAL DESCRIPTION A tract of land in the Northwest Quarter of the Northwest Quarter of Section 8, Township 7 North, Range 67 West of the Sixth Principal Meridian, Weld County, Colorado, more particularly described as follows: Beginning at a point on the West line of said Section 8 that is North 0°28' East 852.09 feet to the Northwest corner of said Section 8. Thence South 89°32' East 280 feet to a brass cap monument; thence South 0°28' West 250.00 feet to a brass cap monument; thence North 89°32' West 280 feet to a point on the West line of said Section 8; thence North 0°28' East 250 feet to the point of beginning. Also Known as: 40800 County Road 15, Fort Collins, CO 80524 459-I30512883-081-KT6 DR1083 (10/17/13) COLORADO DEPARTMENT OF REVENUE DENVER, CO 80261-0005 wwwTaxCoforado.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): ❑ 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 40800 County Road 15 City Fort Collins State COLORADO Zip 8Q524 8. Selling price of the property $240,000.00 9. Selling price of this transferor's Interest: $240,000.00 10. If Colorado tax was withheld, check this box ❑ 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 d. Affirmation of partnership signed e. Affirmation of no tax reasonably estimated to be due to no gain on sale signed f. No net proceeds ❑ O O O 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 SFRM0077 (Rev. 02/24/14) Order No. H0512883-081-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 of the date of closing I am (we are) or the estate or the trust is a resident of the State of Colorado. Signed under the penalty of perjury: Signature of transferor or fiduciary Date (MM/DD/YY) Spouse's signature (if applicable) 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 sale of Colorado real estate to the extent such gains are included in federal taxable income. Signed/u r en lty of perjury: Signa{u e tra eror, o cer, or fiduciary Date (MM/DD/YY) t' r? 9 ------ Spouse's sig e i applicable Date (MM/DD/YY) SFRM0077 (Rev. 02/24/14) Order No. H0512883-081-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: H0512883 Property Address: 40800 County Road 15 Fort Collins, CO 80524 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 —f r additional information concerning the Affidavit described above, should be -"sent to: Her ageTitle Company, Inc.. Date: November 7, 2017 Kiersti Taylor, Escr W'Off er Received by Buyer: BUYER: County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of tMe County of Weld t -f O by: Original: Give to Buyer Copy: Maintained in Escrow File Provided to any Representative of the Buyer 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 FORTY THOUSAND DOLLARS AND NO/100'S ($240,000.00 ) 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, ail 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 40800 County Road 15, Fort Collins, CO 80524 TOGETHER with all and singular heredltaments 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 lien 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 WITNE - "' •,' EOF, the grantor has executed this on the date set forth above. 5 STATE OF COLORADO COUNTY OF WELD :.MIlark . Fulling, sident }ss: The foregoing Instrument was acknowledged, subscribed and sworn, to -before -me -N ember 7, 2017 by Mark H. Fulling, president for Note Aquisitions, In., a Nevada corporation,.--'' Witness my hand and official seal. ESCROW NO. 459-H0512583-081-KT6 WDrev HT Notary Public _Lindy -Miner Notary Public State of Colorado My Commission Expires: May 28, 2021 LIC# ^834001843 ,.... 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.R.S 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. 40800 County Road 15, Fort Collins, CO 80524 PT NW4NW4 8 7 67 BEG S0D28'W 852.09' FROM NW COR S89D32'E 280' S0D28'W 250' N89D32'W 280' NOD28'E 250' TO BEG 2. Type of property pure F 0 Single Family Residential 0 Townhome 0 Condo um ❑ Multi -Unit Res tl ommercial ❑ Industrial 0 Agricultural ❑ 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. • $240,000.00 5. Was any personal property included in the transaction? Personal property would include, but is not limited to, carpeting, drapes, free standing appliances, equipment, inventory, furniture. If the personal property is not listed, t`tire purchase price will be assumed to be for the real property as per 39-13-102, C.R.S. he > 0 . No If yes ,approximate value $ �)C) O Describe !� c� C. ( ocl� / /tt (Q✓ �.Et� � _ �n-� �r � �' �'`' CC,'" c CI Sri t7 x 1Rio T 6. Did the total sale price include a trade or exchange of additional real or personal property? If yes, give the approximate ydfue of the goods or services as of the date of closing. ❑ Yes 21 No If yes, value $ If yes, does this transaction involve a trade under IRS Code Section 1031? ❑ Yes 0 No 7. Was 00% interest in the real property purchased? Mark "no" if only a partial interest is being purchased. 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 the same family, business affiliates, or affiliated corporations. ❑ Yes No 9. Check any of the following that apply to the coition of the improvements at the time of purchase. ❑ New 13 Excellent 0 Good 9� Average ❑ Fair ❑ Poor ❑ Salvage. Escrow No. 459-H0512883-081-Kiersti Taylor RPIRNSFIt-Real Property Transfer Declaration If the property is financed, please complete ' following. 10. Total amount £maned: $ 11. Type of financing: (Check all • :t apply) ❑ New O Assumed ❑ Seller ❑ Third Party ❑ Combination. xplain 12. Terms ❑ Varia. e; Starting interest rate O Fixe ; Interest rate Length .f time years Ballo•-n payment 0 Yes 0 No If yes, amount$ Due date 13. M: k any that apply; OSeller assisted down payments, 0 Seller concessions, Special terms or financing. marked, please specify: or properties other than residential (Residential is defined as: single family detached, town homes, apartments and condominiums) please complete questions 14-16 if applicable. Otherwise, skip to #17 to coin fete. 14. Did the purchase price include a franchise or license fee? 0 Yes 2No If yes, franchise or license fee value $ 15. Did the purchase price Involve an installment land contract? ❑ Yes jY No If yes, date of contract 16. If this was a vacant -land sale, was an on -site inspection of the property conducted by the buyer prior to the closing? a/ Yes 0 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 turty Co►pmissionersof the /runty of Weld Co 1) by: Signature of Grantee (Buyer) 21 18.AII Future correspondence (tax bills, property valuations, etc.) regarding this property should be mailed to : / / - l') Addr s (mailing) 7h-Q__1, Lei City, State and Zip Code ?-(7,)(..: 9/35/orx) X'I3��% Daytime Phone 1-11 11 1 V LVV I I 111 VL' TU 1 11 IYLLLIJ 11111.Vv L111ul 1111 LL✓li Ir ti twoli Liva,u,-r,a Atimilllallu(Yon U.S, Small Business Administration NOTE SBA Loan # 27403360.18 SBA Loan Name Calicomm Date April 13, 2007 Loan Amount $157,000.00 Interest Rate Fixed And Variable Rate Borrower Colorado Callcomm, Inc. Operating Company N/A • Lender • • Wells Fargo Sank, National Association 1. PROMISE'TO PAY: • In return tor'the Loin,•Borrower promisesto pay to the order of Lenderthe amountof One Hundred Eighty-seven Thousand and 001100 Doilies', interest •on the unpaid principal balance, and all other amounts required by this Note. 2. DEFINITIONS: "Collateral" means any property taken as security for payment of this Note or any guarantee of this Note. "Guarantor" means each person or entity that signs a guarantee of payment of this Note. "Loan" means the loan evidenced by this Note. "Loan Documents" means the documents related to this loan signed by Borrower, any Guarantor, or anyone who pledges collateral. "SBA" means the Small Business Administration, an Agency of the United States of America. 5. PAYMENT TERMS Borrower must make all payments at the place Lender designates. The payment terms for this Note are:. The Initial interest rate is 8.50% •per year for 3 years, This Initial rate lathe prime rate on the date SBA received the loan application, plus 1.24%. The interest rate on this Note will then begin to fluctuate as described. below. The Initial interest rate must remain in effect until the first change period begins • • Borrower must pay a total of 3 payments of interest only on the disbursed principal balance beginning one month from the month this Note is dated and every month thereafter, payments must be made on the 16th calendar day in the months they are due. Borrower must pay principal and Interest payments of $1,563.00 every month beginning four months from the month this Note is dated; payments must be made on the 18th calendar day in the months they are due. Lenderwill apply each Installment payment first to pay interest accrued to the day Lender receives the payment, then to bring principal current, then to pay any late fees, and will apply any remaining balance to reduce principal. The interest rate will be adjusted monthly (the "change period"). The "Prime Rate" is the prime rate In effect on the first business day of the month In which an interest rate change occurs, as published in the Wall Street Journal on the next business day. The adjusted interest rate will be1.25% the prime rate. Lenderwill adjust the interest rate on the first calendar day of each change period, The 'change in interest rate is effective on the day whether or not Lender, gives Borrower notice of the change. Lender miiet adjust the payment amount at 'tract annually as needed to amortize principal over the remaining term of the note. • IfSBA,purchases the guaranteed portion of the unpaid balance, the interest rate becomes fixed atthe rate in effect at the time of the earliest uncured payment default. if there is no uncured payment default, the rate becomes fixed at the rate in effect at the time of purchase. Loan Prepayment: Notwithstanding any provision in this Note to the contrary: Borrower may prepay this Note. Borrower may prepay 20 percent or less of the unpaid principal balance at any time without notice. If Borrower prepays more than 20 percent and the Loan has been sold on the secondary market, Borrower must: SPA Farm 147 (0rub3/tt) Vernon 4.1 1'e1/3 Ill I1 1J GUV I 1-111 UL 'TV 1 11: 111.1.1,1.1 1 ttnuv u{ tint .ui u1_../L1 1 {111 1.V. VVV { { 1V�VV a, Give Lender written notice; b. Pay all accrued Interest; and c. If the prepayment is received less than 21 days from the date Lender receives the notice, pay an amount equal to 21 days' interest from the date lender receives the notice, less any interest accrued during the 21 days and paid under subparagraph b., above. If Borrower does not prepay within 30 days from the date Lender receives the notice, Borrower must give Lender a new notice. Additional payment charges apply. When In any one of the first three years from the date of initial disbursement Borrower voluntarily prepays more than 25% of the outstanding principal balance of the loan, Borrower must pay to Lender on behalf of SBA a prepayment fee for that year as follows: a, During the first year after the date of initial disbursement, 5% of the total prepayment amount; b. During the second year after the date of Initial disbursement, 3% of the total prepayment amount; and c. During the third year after the data of initial disbursement, 1% of the total prepayment amount, ' All remaining principal and accrued interest is due and payable 17 years from date of Note. Late Charge: If a payment on this Note is more than 10 days late, Lender may charge Borrower a late fee of up to 5.00% of the unpaid portion of the regularly scheduled payment. 4, DEFAULT: Borrower is in default under this Note If Borrower does not make a payment when due under this Note, or If Borrower or Operating Company: A. Falls to do anything required by this Note and other Loan Documents; B. Defaults on any other loan with Lender; C. Does not preserve, or account to Lender's satisfaction for, any of the Collateral or its proceeds, D. Does not disclose, or anyone acting on their behalf does not disclose, any material fact to Lender or SBA; E. Makes, or anyone•acting on their behalf makes, a materially false or misleading representation to Lender or SBA; • P. Defaults on any loan or agreement with another creditor, if Lender believes the default may materially affect Borrowers ability to pay this Note; G. Fails to pay any taxes when due .H. Becomes the subject of a proceeding under any bankruptcy or Insolvency law; L Has a receiver or liquidator appointed for any part of their business or property; .i, Makes en assignment for the benefit of creditors; K. Has any adverse change in financial condition or business operation that Lenderbelieves may materially affect Borrowers ability to pay this Note; L. Reorganizes, merges, consolidates, or otherwise changes ownership or business structure without Lenders prior written consent; or M. Becomes the subject of a civil or criminal action that Lender believes may materially affect Borrowers ability to pay this Note. b. LENDER'S RIGHTS IF THERE IS A DEFAULT: Without notice or demand and without giving up any of its rights, Lender may: A. Require Immediate payment of all amounts owing under this Note; B. Collect all amounts owing from any Borrower or Guarantor, C. ' File suit and obtain judgment; D. Take possession of any Collateral; or • E. Sell, lease, or otherwise dispose of, any Collateral at public or private sale, with or without advertisement. 6. LENDER'S GENERAL POWERS: Without notice and without Borrowers consent, Lender may: A. Bid on or buy the Collateral at its sale orthe sale of another lienhoider, at any price it chooses; B. Incur expenses to collect amounts clue underthis Note, enforce the terms of this Note or any other Loan Document, and preserve or dispose of the Collateral. Among other things, the expenses may include payments for property taxes, prior liens, insurance, appraisals, environmental remedlatlon costs, and reasonable attorney's fees and costs. If Lender incurs such expenses, it may demand immediate repayment from Borrower or add the expenses to the principal balance; C. Release anyone obligated to pay this Note; B. Compromise, release, renew, extend or substitute any of the Collateral; and E. Take any action necessary to protect the Collateral or collect amounts owing on this Note. 7.'WHEN FEDERAL LAW APPLIES: When SEA is the holder. this Note will be interpreted and enforced under federal law, Including SBA regulations. Lenderor SBA may use state or local procedures forfiling papers, recording documents, giving notice, foreclosing liens, and other purposes. By using such 'procedures, SEA deee not waive any federal Immunity from state or local control, penalty, tax, or liability. As to this Note, Borrower may not claim or assert against SRA any local orstate law to deny any obigation, defeat any claim of SBA, or preempt federal law, L SUCCESSORS AND ASSIGNS: Under this:Note, Borrower and Operating Company Include the successors of each, and Lender includes its successors and assigns. 9. GENERAL PROVISIONS: A. All Individuals and entitles signing this Note are jointly and severally liable. B. Borrower waives all suretyship defenses. C. Borrower must sign an documents necessary at any time to comply with the Loan Documents and to enable Lender to acquire, perfect, or maintain Lenders liens on Collateral. D. Lender may exercise any of its rights separately or together, as many times and Many order it chooses. Lender may delay or forgo enforcing any of its rights without giving up any of them, E. Borrower may not use an oral statement of Lender or SEA to contradict or atterthe written terms of this Note. F. 1f any part of this Nate is unenforceable, all other parts remain In effect, G. To the extent allowed by law. Borrower waives all demandsand notices in connection with this Note, including presentment, demand, protest, and notice of dishonor. Borrower also waives any defenses based upon any claim that Lender did not obtain any guarantee; did not obtain, perfect, or maintain e•Ilen upon Collateral; Impaired Collateral; or did not obtain the fair market value of Collateral at a sale. SBA Pucm 147 (06103/02) VOr,k.n 4,1 S Alga 213 8111 1O GUV I 1 111 VC... 1J 111 I7LLLA! t 111iuv ua uaai aaaa uu.r.• 10. STATE -SPECIFIC PROVISIONS: • ' 11. BORROWER'S NAME(S) AND SIGNATURE(S): By signing •below, each Individual or entity becomes obligated under this Note as Borrower. BORROWER: Colorado Callcom , nc. By SBA Fom1 147 (06103/02) Verson 4.1 II A4ge 3/3 Exhibit "A" ALLONGE This ALLONGE is affixed to and made a part of that certain Promissory Note dated April 13, 2007, made by Colorado Callcomm, Inc., to the order of Wells Fargo Bank, National Association in the face principal amount of $187,000.00, as such evidence of indebtedness has been amended, modified, supplemented, renewed, endorsed, negotiated, sold, assigned, conveyed, or otherwise transferred to date. PAY TO THE ORDER OF NOTE ACQUISITIONS INC., A NEVADA DOMESTIC CORPORATION ("BUYER"), WITHOUT RECOURSE, REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED IN THAT CERTAIN LOAN SALE AGREEMENT, DATED AS OF MAY 5, 2014, BETWEEN WELLS FARGO BANK, NATIONAL ASSOCIATION AND BUYER. Dated: "Seller" Wells Fargo Bank, National Association By: Name: Title: Exhibit "B" RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: 404-c Ctc ,k < 1 �,S2�t . p© i30)c U '79 I3`i 01)0,44 CD a 1o90 Space Above Line For Recorder's Use Only ABSOLUTE ASSIGNMENT AND ASSUMPTION OF DEED OF TRUST AND LOAN DOCUMENTS This ABSOLUTE ASSIGNMENT AND ASSUMPTION OF DEED OF TRUST AND LOAN DOCUMENTS (this "Assignment") is made as of May 9, 2014, by Wells Fargo Bank, National Association, ("Assignor"), in favor of Note Acquisitions Inc., a Nevada domestic corporation ("Assignee"). 1. FOR VALUE RECEIVED, Assignor hereby absolutely and irrevocably endorses, negotiates, sells, assigns, conveys, and transfers to Assignee all of Assignor's right, title, and interest in and to the "Loans" (as such term is defined in Schedule 1 attached hereto and incorporated herein by this reference), including, without limitation, all of Assignor's right, title, and interest in and to the following: (See attached Schedule 1) 2. THIS ASSIGNMENT IS WITHOUT RECOURSE, REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED IN THAT CERTAIN LOAN SALE AGREEMENT, DATED AS OF MAY 5, 2014, BETWEEN ASSIGNOR AND ASSIGNEE (THE "LOAN SALE AGREEMENT"). 3. Assignee hereby agrees to and accepts the assignment described in Paragraph 1 above. In addition, Assignee hereby expressly assumes and agrees to keep, perform, and fulfill all of the terms, covenants, obligations, and conditions required to be kept, performed, and fulfilled by Assignor under, andfor with respect to, the Loans from and after the date of this Assignment. Assignor hereby agrees to deliver to each person or entity currently obligated to pay and perform the obligations of the borrower under the Loans (the "Borrower") any notice required by law to inform such Borrower that Assignor has transferred its interest in the Loans to Assignee as of the date hereof. Assignee hereby indemnifies Assignor against, and shall defend and hold Assignor harmless from (using counsel reasonably satisfactory to Assignor), any and all damages, liabilities, costs, expenses, and losses (including, without limitation, attorneys' fees and costs) that Assignor may sustain or incur directly or indirectly arising out of or related to any breach or default in Assignee's obligations under the Loans or in Assignee's obligations hereunder, from and after the Closing Date. 1 4. Without limiting the generality of Paragraph 3 above, Assignee also hereby acknowledges and agrees that it shall be solely responsible for compliance with any laws, rules, or regulations governing the ownership, servicing, and/or administration of the Loans from and after the Closing Date. 5. Assignee specifically indemnifies Assignor against, and shall defend and hold Assignor harmless from (using counsel reasonably satisfactory to Assignor), any and all damages, liabilities, costs, expenses, and losses (including, without limitation, attorneys' fees and costs) that Assignor may sustain or incur by reason of Assignee's failure to comply with the terms and conditions of the Loan Sale Agreement and the foregoing Paragraph 4. 6. The provisions of this Assignment shall be binding upon and shall inure to the benefit of Assignor and Assignee and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, Assignor and Assignee have executed this Absolute Assignment and Assumption of Deed of Trust and Loan Documents as of the date first set forth above. "Assignor" Wells Fargo Bank, National Association By: Name: Title: "Assignee" Note Acquisi By: Name: k Fulling Title: [Acknowledgments on next page] 2 STATE OF TEXAS ) )§ COUNTY OF BEXAX ) On / , 2014 before me, the undersigned officer, a Notary Public in and for said State` ear. sonally appeared D U i t CC (e$ personally known to me to be a Vice T �' ( nt- , of Wells Fargo Bank, National Association., a national banking association, and that he as such `%I C' Pr lcie , being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself as \lr'c2 Pi Siatevl-r , and did acknowledge the foregoing instrument to be the act and deed of said association. WITNESS my hand and official seal. +`env r `,��a ,,+?.• �.B.o JO ANNA G. MARTINEZ .1 Notary Public, State of Texas '� My Commission Expires "14,, ;,`,;�� November 30, 2015 Notary My co i i _- ion Expires: iii3/)• oho i S STATE OF (Oi(9 f czc1-O COUNTY OF 4t 615 On Maui °1 ' 0 'f , before me, the undersigned officer, a Notary Public in and for said State, personally appeared (i(K 4O71O3 f , personally known to me (or proved to me on the basis of satisfactory evidence) to be the PcAvc, "l + of N6(d )§ , and that he/she as such Qres; ele M - , being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself/herself as RestcZt rte and did acknowledge the foregoing instrument to be the act and deed of said association. WITNESS my hand and official seal. KAREN B HAYS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20094009211 MY COMMISSION EXPIRES 04/23/2017 Notaryy Public My commission Expires: 41/2-3 Z3 / a -I) f? 3 Original Note and Deed of Trust Returned to: Heritage Title Company, Inc. 2510 E. Harmony Rd. Suite 201 Fort Collins, CO 80528 When recorded return to: same as above Prepared/Received by: same as above Escrow No.: H0512883-081-KT6 REQUEST FOR FULL Ed / PARTIAL 0 RELEASE OF DEED OF TRUST AND RELEASE BY HOLDER OF EVIDENCE OF DEBT WITH PRODUCTION OF EVIDENCE OF DEBT PURSUANT TO § 38-39-102 (1) (a), COLORADO REVISED STATUTES 11/07/2017 Date • Colorado Callcomm Inc. Original Grantor (Borrower) Current address of Original Grantor Note Acauisitions. Inc. Assuming Party or Current Owner 0 Cheek here if current address is unknown Wells Fargo Bank. National Association Original Beneficiary (Lender) 04/13/2007 Date of Deed of Trust 04/18/2007 Date of Recording and/or Re -Recording of Deed of Tout 3469964 Recording Information County Rept. Na. and/or Film No. and/orBook/Page No. and/or Torrens Reg. No. TO THE PUBLIC TRUSTEE OF WELD COUNTY (The County of the Public Trustee who is the appropriate grantee to whom the above Deed of Trust should grant an interest in the property described in the Deed of Trust) PLEASE EXECUTE AND RECORD A RELEASE OF THE DEED OF TRUST DESCRIBED ABOVE. The indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose of the Deed of Trust has been fully or partially satisfied in regard to the property encumbered by the Deed of Trust as described therein as to a full release or, in the event of a partial release, only that portion of the real property described as: (IF NO LEGAL DESCRIPTION IS LISTED THIS WILL BE DEEMED A FULL RELEASE.) Note Acauisitions, Inc.. a Nevada corporation PO Box 745I35. Arvada. Co 80005 Address: _ City, State, Zip: _ Name and Address of Current Holder of the Evidence of Debt Secured by Deed of Trust (Lender) and Address of Officer, Agent, or Attorney of Current Holder Signature State of COLORADO County of Weld The foregoing Request for Release was acknowledged before me on (date) bye Mark H. Fulling. President of Note Acquisitions. Inc. Neva -a Corporation titA I2/23/2018 Date Commis§ of n Expires *If applicable, insert tide of officer and name of aliment ownertd holder NowZPublic Witness my band and official seal R LEASET.i DEED OF TRUST WHEREAS, the Grantor(s) named above, by Deed of Trust, granted certain real property described in the Deed of Trust to the Public Trustee of the County referenced above, in the State of Colorado, to be held in trust to secure the payment of the indebtedness referred to therein; and WHEREAS, the indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose of the Deed of Trust has been fully or partially satisfied according to the written request of the current holder of the evidence of debt. NOW THEREFORE, in consideration of the premises and the payment of the statutory sum, receipt of which is hereby acknowledged, I, as the Public Trustee in the County named above, do hereby fully and absolutely release, cancel and forever discharge the Deed of Trust or that portion of the real property described above in the Deed of Trust, together with all privileges and appurtenances thereto belonging. (Public Trustee us only; use appropriate label) (Public Trustee's Seal) (Notary Seal) Undy Miner Notary Public State of Colorado My Commission Expires: May 28, 2021 LIC# 19934007843 Public Trustee Deputy Public Trustee (If applicable; Notary Seal) (If applicable, Name and Address of Person Creating New Legal Description as Required by § 38-35-1065, Colorado Revised Statutes.) Hello