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Home My WebLink About20160288.tiff CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD The UNIFIED TITLE COMPANY OF NORTHERN COLORADO hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION: All of Section 24, Township 5 North, Range 63 West of the 6th P.M., County of Weld, State of Colorado. CONVEYANCES (if none appear, so state): Reception No. 3137261 Book Reception No. 3052787 Book Reception No. 2985198 Book Reception No. 2145184 Book 1199 Reception No. 2137193 Book 1192 Reception No. 2107125 Book 1163 Reception No. 1789171 Book 867 Reception No. 1789170 Book 867 Reception No. 1789169 Book 867 Reception No. 1789168 Book 867 Reception No. 1789163 Book 867 Reception No. 1614904 Book 693 Reception No. 1511895 Book 590 The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be constructed as an Abstract of Title nor an opinion of Title, nor a guarantee Title and the liability of UNIFIED TITLE COMPANY OF NORTHERN COLORADO, is hereby limited to the fee paid for this Certificate. In Witness whereof, UNIFIED TITLE COMPANY OF NORTHERN COLORADO, has caused this certificate to be signed by its proper officer this 14th day of August, 2015, at 5:00 p.m. Company: UNIFIED TITLE COMPANY OF NORTHERN COLORADO By: Authorized Signature 3690 W 10th Street 2nd Floor 01L Gert9 Greeley,CO 80634 970356.3551 111[1f11III[ 111111111111111111i I1 11111111 261 ; 3137261 12/19/2003 03:08P Weld Conty, CO 1 of 38 R 191.00 0 325.00 Steve Moreno Clerk&Recorder RECORDER'S MEMORANDUM T!;•.S DOCUMENT WAS FOUND i i'^ ft IY:•`, ArE FOR SCANNING PURTOSE.,, WARRANTY DEED THIS WARRANTY DEED is made as of December 18, 2003, between PERKINS LAND & LIVESTOCK, LLC, a Colorado limited liability company("Grantor"), whose address is 1514 East Main, P.O. Box 267, Unionville, Missouri 63565-0267, and 70 RANCH, L.L.C., a Colorado limited liability company ("Grantee"), whose address is 9145 East Kenyon Avenue, Suite 100,Denver, Colorado 80237-1815. GRANTOR, for and in consideration of the sum of THREE MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS ($3,250,000.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Grantor, has sold and conveyed, and by these presents does hereby sell and convey unto the Grantee, its successors and assigns forever, the following real property in the County of Weld, State of Colorado,to wit(the"Property"): See Exhibit A attached hereto and incorporated herein by reference, together with all improvements, easements and appurtenances thereto belonging or in any way appertaining, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or in equity, of, in and to the Property, including, but not limited to, (1) all rights Grantor may have in reversions, remainders, rights-of-way, appurtenances, agreements, licenses, tenements and hereditaments, appertaining to or otherwise benefiting or used in connection with such real property or the Improvements (as hereinafter defined); (2) all of Grantor's interest, if any, in minerals and mineral rights, oil and gas and oil and gas rights (excepting those mineral rights, if any, previously reserved or otherwise severed by recorded instrument) appurtenant to the Property; and (3) all existing improvements, structures, and fixtures placed, constructed, installed, or located on the Property, and all fences, gates, plants, trees, landscaping, and other appurtenances located upon, over, or under the Property(the"Improvements"). GRANTOR does covenant and agree to and with Grantee to warrant and defend the Property and the quiet and peaceful possession of the Grantee, its successors and assigns,against all and every person or persons claiming the whole or any part thereof, subject to all real property taxes and assessments for the year in which this deed is dated, and the exceptions to title described on Exhibit B attached hereto. 1111111 1111111111111111111111 IIII 111111 III 11111 IIII 1111 3137261 12/19/2003 03:08P Weld County, CO 2 of 38 R 191.00 0 325.00 Steve Moreno Clerk& Recorder THIS WARRANTY DEED is dated as of the day and year first above written. GRANTOR: PERKINS LAND&LIVESTOCK, LLC, a Colorado limited liability company By: "2.0Caer."1 /.s .41-, Title: /1taval.."-r. STATE OF COLORADO ) ) ss. COUNTY OF, The for oing inst ent was acknowledged before me this /0 -day of )1e-eAle); 2003, by p- 1�,�)td e f ILi 'l S as Pl O 'a t,�}}( r of Perkins Land &Livestock,LLC,a Colorado limited liability compddiy. Witness my hand and official seal. My commission expires: 1 � /27 s=os ' 1%r..... 4/6 t,Yb.4-)' - Pv�ri DARELLA � Notary Public ok BL0CH CZI 9� OF C Q�oQ�o H:\D\WP\F2\23016\Closing-Land\Dced•3.doc —2- I 111111111111I1111I11111 II11I 1111111111 IIl 11111III 1111 3137261 12/19/2003 03:08P Weld County, CO 3 of 38 R 191.00 0 325.00 Steve Moreno Clerk& Recorder 'EXHIBIT A" LEGAL DESCRIPTION TOWNSHIP 4 NORTH, RANGE 62 WEST OF THE 6TH P.N. Section 3: NW1/4 Section 5: All 50 feet Section 1: All, EXCEPT strip of land 100 feet wide, being on each side of center of track of Colorado l Railroad Company in the SE1/4511/ conveyed to said company in Deed recorded in Book 50 at Page 566. ALSO EXCEPTING THEREFROM that parcel of land as canveye4 to The TH Ranch, LLC, a Colorado limited liability company by Deed recorded June 12, 2003 as Reception No. 3072323. TOWNSHIP 5 NORTH, RANGE 62 WEST OF THE 6TH P.M. Section 31 W1/2E1/2 Section 151 W1/2E1/2, W1/2 Section 17: All $ection 19: All Suction 19: All Section 20: All Section 211 All Section 2 : All Section 31! All Section 331 All TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M. Section 12 All ALSO EXCEPTING THEREFROM that parcel of land conveyed limitedliability The TH Ranch, LLC, a Colorado company by Deed recorded June 12, 2003 as Reception No. 3072323. Section 3s on eachCsideoftcenter of track of0 eC lowiradobCentral 50 feet Railroad Company in the NE1/4 of said Section 3 as conveyed to said company in peed recorded in nook 50 at page 5&6T and EXCEPT a strip of land 200 feet wide on each side cf the center line of till, railroad of the Union Pacific Railroad Company, as reserved by said Company in Warranty Deed to the NE1/4 of said SeCtUGt' 3 recorded in Book 201 at Page 52; and EXCEPT that part of NWl/4 of said Section 3 conveyed to Rose Park in Quit Claim Deed recorded in Book 1245 at Page 433 described as that portion of land lying and being along the west side of the N1/2 of said section formerly laid out as a county road but abandoned as such. EXCEPTING THEREFROM a parcel conveyed to Weld County by deed recorded May 26, 1995 in Book 1493 as Reception No. 2440049. ALSO EXCEPTING THEREFROM that parcel of land as conveyed to The ` by RD Deed,recorded June 12, 2003 as Reception No. LLC, a Colorado d liability company 3072323. Section 10: ALL, EXCEPT that part of the NE1/45E1/4 thereof conveyed to the State Department of Highways, Division of `�a ' Highways, State of Colorado in Special Warranty Deed le recorded in Book 1215 as Reception No. 2151552, described as folinwe: Beginning at a point on the East right of way line of mos. cc Weld County Road 69 (July 1988) from which the East mom- °6 Quarter corner of said Section 10 bears North 24 degrees �, oe minutes 40 Seconds East a distance of 258.16 feet; ?� thence North 89 degrees 10 minutes 40 seconds West 44 feet to a point on the West right of way line of Weld omen c County Road 69; c 2 thtnCe South 21 degrees 21 minutes 23 teconde Weet = 0 O 222.37 feet; mmac2� thence South 61 degrees 36 minutes 40 seconds West 57.28 feet to a point on the Northeast right of way line of °'°= state Highway 36 (duly 1988) ; N thence South 57 degrees 36 minutes East continuing along NEM o said right of way line 293.45 feet; sm.o o thence North 10 degrees 29 minutes 30 seconds West M 397.59 feet, more or less, to the Point of Beginning. ALSO EXCEPTING THEREFROM that parcel of land as conveyed mime to The TH Ranch, LLC, a Colorado limited liability o cqMpany by need recorded June 12, 2003 as Reception No. m c'c 1012323- mom. -. ALSO EXCEPTING THEREFROM that portion of Section 10 conveyed by Deed recorded November 4. 1998 as Reception mml r CC No. 2651542. mom N TOWNSHIP 5 NORTH, RANGE 53 WEST of TEE 6TH P.M. -0.)O G Section 9; All Section 13; All Section 17; All Section 20: S1/2, NWl/4; EXCEPT thAt portion of the S1/2Sw1/4 thereof conveyed to the Riverside Reservoir and Land Company in Warranty Deed recorded in Book 401 at Page 237. described as follows. Beginning at a point 200 feet South 07 degreeo 25 minutes East of Station 0 of the right of way of the feeder ditch of The Riverside Reservoir, from whence the Northwest corner of said Section 20 bears North 03 degrees I9 minutes West 4492 feet; thence run in an Easterly direction along the Southern boundary of the right of way of feeder ditch 750 feet to a point on the Southern boundary of said of right of 'Ay: thence run due South 550 feet, more or less, to a point on the North bank of the South Platte River; thenee run in a Northweetcrly direction along the North bank of the South Platte ?fiver to the Place of Beginning. Section 21; All Section 22: All Section 23: All section 241 All Section 25; All Section 27: E1/2, NW7./4, 2 /2SW1/4, SE1/4SW1/4 Section 34; E1/2, El/2NW1/4; and that part of the E1/2SW1/4 described as follows; Beginning at a point on the North line of the SW1/4 of Section 34, 1675 feet East of the Northwest corner of said SW1/4, to a point on the North line of the right of way of the union Pacific Railroad Company; thence Southeasterly along said North line of said right of way to the East line of acid SW1/4: thence North on said East line to the Northeast corner of said SW1/4; thence Weet on the North line of said Sw1/4 to the Point of Beginning. EXCEPTING THEREFROM a parcel conveyed to Weld County by deed recorded May 26, 1995 in Book 1493 as Reception No. 2440042. AIM EXCEPTING THEREFROM than parcel of land as conveyed to The TH Ranch, LLC, a Colorado limited liability company by Deed recorded June 12, 2003 as Reception No. 3072323. ilttiil t1 31111 1ii1i 11 11111 ill dill rill 3137261 12/19/2003 03:08P Weld County, CO 5 of 38 R 191.00 D 325.00 Steve Moreno Clerk & Recorder Section 35; All EXCEPTING THEREFROM a parcel conveyed to weld County by deed recorded May 26, 1995 in Book 1493 as Reception No. 2440048. of land as COriveyed ALSOpTING THEREFROM that parcel to The TH Ranch: 14,c, a Colorado limited liability company by Deed recorded June 12, 2003 as Reception No. 3072323. Section 36; SW1/4SW1/4, EXCEPT that part excluded fromfrom Patent the state of Colorado in Bock 1 P9 1Pa, described as follows, Commencing at.a point 1337 feet North of the Southwest corner of Section 36, Township 5 North, Range 63 West of the 6th P.N.; thence South 25 degrees 45 minutes East 44 feet: thence South 32 degrees 32 minutes East 199 feet; thence South 52 degrees 19 minutes East 192 feet, thence South 72 degrees 49 minutes EaSt 296 feet thence South SD degrees 20 minutes East 1.01 feet; thence South 26 degrees 40 minutes East 503 feet; thence South 17 degrees 50 minutes East 441 feet to a point 1007 fbeingaatstrip the ofSouthwest 150 feetcorner wide. 15 feet said Section 36; on each side of above described centerline. ALSO EXCEPTING THEREFROM that parcel of land as conveyed to_p b Deed,recordedCJunen12,limited aP Reception e No. ility company by 3072323. TOWN OF All of Blocks 4 and 5, and all of Lots C and DI FHARDIN; TOGETHER WITH all of the vacated alley between Blocks 4 and 5 and Lot C; and all of vacated Castle Avenue between Blocks 4 and 5 and Lot C; and all of vacated navies Avenue South of Cullen Street; and Davies Avenuebetween e Y 1 v acated CulleneStreeta and Richtho£enStreet adjacent to said Lot D. EXCEPTING from the applicable portions of the lands described in said Parcel 1 the following oarcela conveyed to the Colorado Central Railroad Company recorded in nook. 30 at ?age 237, described as follows: In Section 17, Township 4 North, Range 62 West through the SE1/4NE1/4 a strip of land 50 feet wide from the center line of the Colorado Central Railroad on each Bide thereof: through the NW1/4NR1/4 a strip of land 60 feet in width from the center line aforesaid and on each side thereof; through the NE1/4NW1/4 a strip of land 60 feet in width from said center lino on each side thereof; through the NW1/4NW1/4 a strip of land 100 feet in width from said canter line on each side► Also, the following described tract in Section 18, Township 4 North, Range 63 West through the N1/2NE1/4t a strip of land 130 feet wide measured from the center line aforesaid and on each side thereof; Also in Section 7, Township 4 North, Range 62 hest a otrip of land through the W1/2SW1/4, 150 feet wide from said center line on each nide thereof; Also in Section 12, Township 4 North, Range 63 West a strip of land 150 feet wide from said center line and on each side thereof through the El/2SE1/4. 1101 III II IIII If fill 10I Iii 111111 GI VIII 11111111 3137261 12/19/2003 03:08P Weld County, Co 6 of 38 H 191.00 D 325.00 Steve Moreno Clerk & Recorder The following is a description of the center line of the Colorado Central !railroad; Beginning at a point on the East line of Section 17, Township 4 North, Range 62 West, 1396 feet South of its Northeast corner; running thence North 81 degrees 30 minutes West 5730 feet to a stake; thence North Bl degrees 19 minutes West 36 feet to a stake; thence North Bo degrees 38 minutes West 100 feet to a stake; thence North 79 degrees 38 minutes West 100 feet to a stake; thence North 78 degrees 38 minutes West 100 feet to a stake; thence North 77 degrees 38 minutes West 100 feet to a stake: thence North 76 degrees 38 minutes West 100 feet to a stake; thence North 75 degrees 38 minutes Neat 100 feet to a stake; thence North 74 degrees 38 minutes west 100 feet to a stake; thence North 73 degrees 38 misiutes West 100 feet to a stake; thence North 72 degrees 38 minutes West 100 feet to a stake; thence North 71 degrees 38 U .notes West 100 feet to a stake; thence North 70 degrees 38 minutes West 100 feet to a etake; thence North 69 degrees 38 minutes We©t 100 feet to a stake; thence North 68 degrees 38 minutes West 100 feet to a stake; • --- - -- thence North 57-degrees 38.minutes West 100 feet to a stake; - Chenee North 66 degrees 38 minutes West 100 feet to a stake; thence North 65 degrees 38 minutes West 100 feet Co a stake; thence North 64 degrees 53 minutes West 50 feet to a stake; thence North 64 degrees 38 minutes West 4962 feet to a stake at the edge of the Platte River, which stake i6 1279 feet West and 768 feet South of the quarter corner on the West line of Section 7, Township 4 North, Range 62 West. The line chile described crosses the section and subdivisional lines as follows, viz: The North and South center line of Section 17 at point 1041 feet South of the quarter corner an ita North line. ' The West line of Section 17 at a point 682 feet South of the Northwest corner. The North line of Section 18 at a point 313 feet East of the quarter corner of said line. The North and south center line of Section 7 at a point 145 feet North of the quarter corner on its section line. The West line of Section 7 at a point 1361 feet South of the quarter corner on its West line. $XCBPTING from the applicable portions of the Lands described in said Parcel 1 the following parcel: A tract of land located in the e1/2 of Section 34, and the W1/2 oZ Section 35, all in Township 5 North, Range 63 west of the 6th P.M., County of Weld. State of Colorado, and being more particularly described as follows; Commencing at the East Quarter corner of Section 34 and considering the East line of said section 34 to bear south 00 degrees 00 minutes 36 seconds Nast and with all other bearings contained herein being relative thereto; thence South 00 degrees 00 minutes 36 seconds East, 36.00 feet along said East line to the True Pei;1t of cu ' Beginning; 73 thence South 86 degrees 09 minutes 00 seconds West, L, 71.1.00 feat; MIME MII.E or thence North 63 degrees 01 minutes 00 seconds West, 335.00 feet; .i. thence South 86 degrees 35 minutes CO seconds West, �� i -o`, 86.00 feet; thence North 29 degrees 35 minutes 00 seconds West, aemc")c 0 52.00 feet; ��a"0 thence North 72 degrees 23 minutes 00 seconds West, = O 112.00 feet,; �� thence North 79 degrees 25 minutes 00 seconds West, --0 O 99.00 feet; maima', thence North 00 degrees 00 minutes 00 seconds East, MIMS ≤n 318.0o feet; aim thence North 28 degrees 4'? minutes 00 seconds West, mm�n-o 80.00 feet; o thence North 16 degrees 07 minutes 17 Seconds West, — C') 70.99 f set; ■irm thence North 28 degrees 28 minutes 58 seconds West, MIMI co 264.49 feet: ��c o thence North 84 degrees 44 minutes 34 seconds East, o N 506.83 feet; i rn thence south 74 degrees 52 minutes 13 seconds East, i.c�T 1042.77 feet to a point on Said East line of Section 34; cc thence South 74 degrees 52 minutes 13 seconds East, INIM �e r CO 31.0a feet; N ca thence South 00 degrees 00 minutes 36 seconds East, momr—..- 651.18 feet; mom C.') thence South B6 degrees 09 minutes 00 seconds West, 30.07 feet to the True Point of Beginning. ALL OP Si7L3ECT PROPERTY LOCATED IN COUNTY OF WELD, STATE OP COLORADO. 111111111111111111111111111111111111111111111111111ill 3137251 12119/2003 03:08P Weld County, C 8 of 38 R 191.00 D 325.00 Steve Moreno Clerk& Recorder ',EXHIBIT A° LEGAI. DESCRIPTION TOWNSHIP 4 NORTH, RANGE 62 WEST OP TEE 5TH P.M. Section 3: NW1/4 Section 5: All Section 7: All, EXCEPT a strip of land 100 feet wide, being SO feet on each side of center of track of Colorado Central Railroad Company in the SE1/4SW1/4 of eaid Section 7 as conveyed to said company in Deed recorded in Book 50 at Page 5B6. ALSO EXCEPTING THEREFROM that parcel of land an conveyed to The TH Ranch, LLC, a Colorado limited liability company by Deed recorded June 12, 2003 ae Reception No. 3072323. TOWNSHIP 5 NORTH, RANGE 62 WEST Cl THE 6TH P.M. Section 3: W1/22i./2 Section 15: W1/2E1/2, W1/2 Section 17: All Section 18: All Section 19: All - - Section 20: All Section 21: All Section 29; ATI Section 31: All - Section 33: Al]. TOWNSHIP 4 NORTH, RAI1GE 63 WEST OF THE 6TH P.M. Section 1: All ALSO EXCEPTING THEREFROM that parcel of land as conveyed to Thn TH Ranch, LLC, a Colorado limited liability company by need recorded Juno 12, 2003 as Reception No. 3072323. Section 3: ALL, EXCEPT a strip of land 100 feet wide, being 50 feet on each side of center of track of Colorado Central Railroad Company in the NE1/4 of said Section 3 as conveyed to said company it need recorded in Book 50 at Page 586, and EXCEPT a strip of land 200 feet wide on each side of the center line of the railroad of the Union Pacific Railroad Company, as reserved by said Company in Warranty need to the NE1/4 of said Section 3 recorded in Book 201 at Page 5z; and EXCEPT that part of NW1/4 of said Section 3 conveyed to Roes Park in Quit C11im Deed recorded in Book 1245 at rage 433 described as that portion of land lying and being along the West side of the N1/2 of said section formerly laid out as a county road but abandoned ae such. EXCEPTING THEREFROM a parcel conveyed to Weld County by deed recorded May 26, 1995 in Book 1493 as Reception No. 2440046. ALSO EXCEPTING THEREFROM that parcel of land as conveyed to The TH Ranch, LLC, a Colorado limited liability company by Deed recorded June 12, 2003 as Reception No. 3072323. SeCticn 101 ALL, EXCEPT that part of the NE1/4SE1/4 thereof conveyed 8 to the State Department of Highways, Division of Highways, State of Colorado in Special Warranty Deed o recorded in Book 1215 as Reception No. 21615S2, siii aei ce described as follows; Beginning at a point on the Eastfrom which the ighwline of °n Weld County Road 69 (July mom Quarter corner of said Section 10 bears North 24 degrees M'■o a1 08 minutes 40 seconds East a dieter= of 258.16 feet; v a thence North 69 degrees 10 minutes 40 seconds West 44 game ya•c feet to a point on the west right of way line of Weld County Road 69; i E thence South 21 degrees 21 minutes 23 seconds West 222.17 feet; �m Tu . thence South 61 degrees 36 minutes 4D seconds West 57.26 feet to a point on the Northeast right of way line of MIEN State highway 36 (July 1998) ; a o thence South 57 degrees 36 minutes East continuing along co o c said right of way line 293.45 feet; r�co ifs thence North 10 degrees 29 minutes 30 seconds West so e e' 397.59 feet, more or less, to the Point of Beginning. ALSO EXCEPTING THEREFROM that parcel of land as conveyed -ee e to The TH Ranch, LLC, a Colorado limiter! liability co•p company by need recorded June 12, 2003 as Reception No. Are 23. THEREFROM that portion o£ Section 10 ""rte 1-re conveyed by peed recorded November 4, 1998 as Reception mom iiiiiT No. 2651549• co N i rCi TOWNSHIP 5 NORTH, RANGE 63 WEST OF THE 6TH P.M. co o Section 9: All Section 131 All Section l7: All Section 20; 51/2, NW1/4; EXCEPT that portion of the S1/2SW1/4 thereof conveyed to the Riverside Reservoir and Land Company in Warranty Deed recorded in Book 401 at Page 237, described as follows. .. Beginning at a paint 200 feet South 67 degrees 25 minutes East of Station 0 of the right of way of the feeder ditch of The Riverside Reservoir, from whence the Northwest corner of said Section 20 bears North o3 degrees 19 minutes West 4492 feet; thence run in an Easterly direction along the Southern boundary of the right of way of feeder ditch 750 feet to • a point on the Southern boundary of said of right of way; thence run due South 55D feet, more or less, to a point on the North bank of the South Platte River; thence run in a NOrthwesterly direction along the North bank of the South Platte River to the Place of Beginning. Section 21[ All Section 22: All Section 23, All section 241 All Section 25i All Section 271 El/2, NWl/4, N1/2SW1/4, SE1/4SW1/4 Section 341 81/2, E1/2NW1/4; and that part of the E1/2SW1/4 described as follows. Beginning at a point on the North line of the SW1/4 of Section 34, 1675 feet East of the Northwest corner of said SW1/4, to a point on the North line of the right of way of the Union Pacific Railroad Company; thence Southeasterly along said North line of said right of way to the East line of said SW1/4; thence North on said Fast line to the Northeast corner of said SW1/41 thence West on the North line of said Sw1/4 to the Point of Beginning. EXCEPTING THEREFROM a parcel conveyed to Weld County by deed recorded May 26, 1995 in Book 1493 as Reception No. 2440048. ALSO EXCEPTING THEREFROM that parcel of land ao eanveyod to The TH Ranch, LLC. a Colorado limited liability company by Deed recorded June 12, 2003 as Reception No. 3012323. 11111111I1IIiIIIIIIIIIIIIIIIIIii111111IlI111111IIli i 3137261 12/19/2003 03:08P Weld County, CO 10 of 38 R 191.00 D 325.00 Steve Moreno Clerk& Recorder Section 35: All EXCEPTING THEREFROM a parcel conveyed to Weld County by deed recorded May 26, 1995 in Book 1493 as Deception NO. 2440048. ALSO EXCEPTING THEREFROM Ctthat at pa limited liability parcel of land as coflveyed land Conveyed to The TH Ranch, 1,1,C, a company by need recorded .Lune 12, 2003 as Reception No. 3072323. Section 361 SW1/4SN1/4, EXCEPT that part excluded -from Patent the State of Colorado in Book Page 1 as tollowns Commencing eta point 1337 feet North of the Southwest corner of Section 36, Township S North, Range 63 West of the 6th P.H.; thence South 26 degrees 45 minutes East 44 feet; thence South 32 degrees 32 minutes East 199 feet; thence South 52 degrees 19 minutes East 192 feet; thence South 72 degrees 49 minutes Bast 296 feet; thence South SO degrees 20 minutes East 101 feet; thence South 28 degrees 40 minutes East 503 feet; thence South 17 degrees 50 minutes East 441 feet to a point 1007 feet East of the Southwest corner of said Section 36; being a strip of land 150 feet wide, 15 feet on each side of above described centerline. ALSO ACCEPTING THEREFROM that parcel of land as conveyed . - to The TH BAiici, TtC,-a Colorado limited liability company by Deed recorded June 12, 2003 a3 Reception No. 307?323. TOWN OF: All of Blocks 4 and 5, and all of Lots C and D; HARDIN: TOGETHER WITH all of the vacated alley between Blocks 4 and 5 and Lot C; and all of vacated Castle Avenue between Blocks 4 and 5 and Lot C; and all of vacated navies Avenue South of Cullen Street; and the Southeasterly half of said vacated Davies Avenue between Cullen Street and Richthofen Street adjacent to said Lot D. EXCEPTING from the applicable portions of the lands described in said Parcel 1 the following parcels conveyed to the Colorado Central Railroad company recorded in Book 30 at Page 237, described as follows, In Section 17, Township 4 North, Range 62 West through the SE1/4NE1/4 a strip of land 60 feet wide from the center line of the Colorado Central Railroad on each side thereof; through the NW1/4Na1/4 a strip of land 60 feet in width from the center line aforesaid and on each nide thereof; through the NE1/4NW1/4 a strip of land 60 feet in width from said center line on each side thereof; through the Nell/4NW1/4 a strip of land 100 feet in width from said center line on each side, Also, the following described tract in Section 19, Township 4 North, Range 62 Went through the N1/2NE1/4; a strip of land 130 feet wide measured from the center line aforesaid and on each side thereof; Also in Section 7, Township 4 North, Range 62 west a strip of land through the W1/2SW1/4, 150 feet wide from said center line on each aide thereof; Also in Section 12, Township 4 North, Range 63 West a strip of land 150 feet wide from said center line and on each side thereof through the E1/2SE1/4. 1 I1lI 11111 liii 1i11I 111111111 111111 III 111111 Ill 1111 3137261 12/19/2003 03:08P Weld County, CO 11 of 38 R 191.00 D 325.00 Steve Moreno Clerk& Recorder The following is a description of the center line of the Colorado Central Railroad, Beginning at a point on the East line of Section 17, Township 4 North, Range 62 West, 139G feet South of its Northeast corner; running thence North 61 degrees 30 minutes West 5730 feet to a stake; thence North 81 degrees 19 minutes West 36 feet to a stake; thence North Bo degrees 38 minutes West 100 feet to a stake; thence North 79 degrees 38 minutes West 100 feet to a stake; thence North 72 degrees 36 minutes West 100 feet to a stake; thence North 77 degrees 3B minutes West 100 feet to a stake: thence North 76 degrees 38 minutes West 100 feet to a stake; thence North 75 degrees 38 minutes West 100 feet to a stake: thence North 74 degrees 38 minutes West 100 feet to a stake; thence North 73 degrees 38 minutes West 100 feet to a stake; thence North 12 degrees 38 minutes West 100 feet to a stake; thence North 71 degrees 38 minutes West 100 feet to a stake; thence North 70 degrees 38 minutes West 100 feet to a stake; thence North 69 degrees 38 minutes West 100 feet to a stake; thence North 68 degrees 38 minutes West 100 feet to a Stake; - _.. thence'North 67--.degrees 38-minutes West 100 feet to a stake; - thence North 66 degrees 38 minutes West 100 feet to a stake; thence North 65 degrees 38 minutes West 100 :eez ;o a stake; thence North 64 degrees 53 minutes West 50 feet to a stake; thence North 64 degrees 38 minutes Went 4962 feet to a stake at the edge of the Flatte River, which stake is 1276 feet West and 768 feet South of the quarter corner on the West line of Section 7, Township 4 North, Range 62 West. The line thus described crosses the section and subdivisiomal lines as follows, viz: The North and South center line of Section 17 at point 1041 feet South of the quarter corner OA its North line. ' The West line of Section 17 at a point 682 feet South of the Northwest cornet. The North line of Section 18 at a point 313 feet East of the quarter corner of said line. The North and South center line of Section 7 at a point 145 feet North of the quarter corner on its section line. The West line of Section 7 at a point 1361 feet South of the quarter corner on its West line. EXCEPTING from the applicable portions of the lands described in said Parcel 1 the following parcels A tract Of land located in the R1/2 of Section 34, and the W1/2 of Section 35, all in Township 5 North, Range 63 west of the 6th P.M., County of Weld, State of Colorado, and being more particularly described as follows: Commencing at the East Quarter corner of Section 34 and considering the East line of said section 34 to hear South 00 degrees 00 minutes 36 seconds East and with all other bearings contained herein being relative thereto; ;, thence South 00 degrees 00 minutes 36 seconds East, 0 36.00 feet along said East lire to the True Point of Beginning; 0 0 thence South 86 degrees 09 minutes 00 seconds west, iiii pC 7 .1.00 fet; mom05 thence North 63 degrees 01 minutes 00 seconds West, .x 339,00 feet; �,i m` thence South 86 degrees 38 minutes 00 seconds West, u mocn Ei 86.00 feet; IlsThimic3 c thence North 29 degrees 35 minutes 00 seconds West, swum -P 52.00 feet; = o thence North 72 degrees 23 minutes 00 seconds West, �. 0 112.00 feet; aim LIcu thence North 79 degrees 35 minutes 00 seconds West, ��!,t, ai 99.0Q feet; +ice din thence North 00 degrees 00 minutes 00 seconds East, 316.00 feet; ■��a co thence North 28 degrees 47 minutes 00 seconds West, arrieq1.6 80.00 feet; iiiliciAAi thence North 16 degrees 07 minutes 17 seconds West, c q 70.99 feet; �s thence North 28 degrees 28 minutes 58 seconds West, o0 264,49 feet; thence North 84 degrees 44 minutes 34 seconds East, a)� 508.03 feet; 1'� thence South 14 degrees 52 minutes 13 seconds mast, rte - r 1042.77 feet to a point on said East line of Section 34; ".- thence South 74 degrees 52 minutes 13 seconds East, 31.08 feet; o thence South 00 degrees 00 minutes 36 seconds East, ammo" 651.18 feet; —�0,r- thence South 86 degrees 09 minutes 00 seconds West, 30.01 feet to the True Point of Beginning. ALL OF SUS,7ECT PROPERTY LOCATED IN COUNTY OF WELD, STATE OF COLORADO. EXHIBIT B • EXCEPTIONS I -6 intentionally omitted. 7. Rights of way, whether in fee or easement only, for county roads 30 feet wide on each side of section and township lines as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273 . 8 . Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U.S. Patents of record: DATE OF RECORD BOOK PAGE PROPERTY AFFECTED 9/18/1882 34 22 SE1/4NE1/4, NE1/4SE1/4 Section 34-5-63 5/3/1883 34 165 SE1/4NW1/4 Section 34-5-63 5/15/1891 57 139 NE1/4NW1/4, W1/2NE1/4 NE1/4NE1/4 Section 34-5-63 10/6/1898 51 387 NE1/4 Section 10-4-63 6/20/03 132 70 SW1/4 Section 34-5-63 11/15/05 132 143 W1/2SE1/4, SE1/4SE1/4 Section 34-5-63 4/30/09 132 245 Sl/2SW1/4 Section 20-5-63 10/29/23 333 466 SE1/4 Section 20-5-63 9. —Reservation of right of way for any ditches or canals constructed_ . .. by authority of the United States, in U.S. Patents of record: DATE OF RECORD BOOK PAGE PROPERTY AFFECTED 11/15/05 132 143 W1/2SE1/4, SE1/4SE1/4 • Section 34-5-63 3/27/17 461 172 SW1/4 Section 18-5-62 3/27/17 461 173 NW1/4 Section 18-5-62 3/27/17 461 174 SE1/4 Section 18-5-62 7/3/20 595 92 W1/2 Section 20-5-62 4/23/21 595 317 E1/2 Section 20-5-62 12/29/22 595 569 E1/2 Section 24-5-63 12/29/22 595 570 W1/2 Section 24-5-63 3/13/25 677 127 N1/2NW1/4, SE1/4NW1/4, NE1/4SW1/4, SE1/4 Section 10-4-63 6/13/28 668 282 All Section 22-5-63 6/4/34 961 17 W1/2E1/2 Section 3 ; W1/2, W1/2E1/2 Section 15, all Sections 17, 19 and 29; N1/2 Section 33-5-62 3/30/36 990 483 NE1/4 Section 18-5-62 6/30/36 995 338 S1/2 Section 33-5-62 11111111IIII 11111111111111111111t11111111111111111l1111 3137261 12/19/2003 03:08P Weld 13 of 38 R 191.00 D 325.00 Steve Moreno Clerk& Recorder 1111111 IIIII lilt 1111111I111111111111111111111111111 I01 3137261 12/1912003 03:08P Weld County, Co 14 of 38 R 191.00 D325.00 Steve Moreno Clerk& Recorder EXCEPTIONS 10 . All coal and other minerals, together with the right to prospect for, mine and remove the same pursuant to the provisions and limitations of the Act of December 29, 1916 (39 Stat. , 862) , as reserved in the following U.S. Patents of record: DATE OF RECORD BOOK PAGE PROPERTY AFFECTED 4/23/21 595 317 E1/2 Section 20-5-62 12/29/22 595 569 E1/2 Section 24-5-63 6/13/28 668 282 All Section 22-5-63 3/30/36 990 483 NE1/4 Section 18-5-62 and any interests therein or rights thereunder. 11 . Reservations by the Union Pacific Railroad Company of (1) all coal and other minerals underlying subject property, (2) the exclusive right to prospect for, mine and remove coal and other minerals, and (3) the right of ingress and egress and regress to prospect for, mine and remove coal and other minerals, all as contained in the following deeds of record: DATE OF RECORD BOOK PAGE PROPERTY AFFECTED: 2/16/190O 183 74 All Sections 9 and 17-5-63 . 7/1/02 201 52 All Sections 25, 27 and N1/2 Section 35 of 5-63 ; 12/21/06 233 70 S1/2 Section 3-4-63 and any interests therein or rights thereunder. 12 . Reservations by the Union Pacific Railroad Company of (1) all coal and other minerals underlying subject property, (2) the exclusive right to prospect for, mine and remove coal and other minerals, and (3) the right of ingress and egress and regress to prospect for, mine and remove coal and other minerals, all as contained in the following deeds of record: DATE OF RECORD BOOK PAGE PROPERTY AFFECTED: 3/23/05 217 526 N1/2NW1/4, SE1/4NW1/4, E1/2SW1E1/2 Section 7-4-62; and 25-5-63 4/18/06 233 27 All Section 21-5-63 4/7/16 445 24 All Section 13 and 23-5-63 and any interests therein or rights thereunder. !11!!1 lid !11! 11111111111 1111111111 I!I 11!!111111111 3137261 12/19/2003 03:08P Weld County, CO 15 of 38 R 191.00 0 325.00 Steve Moreno Clerk&Recorder EXCEPTIONS 13 . Right of way, whether in fee or easement only, of unspecified dimensions and location for the Hardin Ditch through Sections 2, 3, 4 and 12, Township 4 North, Range 63 West and Section 33 , Township S North, Range 63 West, as disclosed by Map and Statement of the Hardin Ditch Company, recorded June 14, 1984 in Book 39 at Page 168 . 14 . Right of way, whether in fee or easement only, for the Latham Extension Ditch 25 feet in width, granted to E. B. Barnes by Fritz Niemeyer by instrument recorded April 25, 1885 in Book 46 at Page 460, in which the specific location of the easement is not defined. (Affects NE1/4 Section 10) 15. EXCEPTION DELETED 16. Right of way, whether in fee or easement only, for the construction, operation and maintenance of an irrigating canal, as granted to the New England Livestock Company by Deed, recorded March 9, 1887 in Book 43 at Page 414, affecting the following described property: As more particularly described in said instrument. (Affects the -NW1/4 and S1/2 of Section 19 and SW1/4 of Section 20-T5N-R63W) 17. Right of way, whether in fee or easement only, for an irrigating ditch, as granted to the New England Livestock Company by Deed, recorded April 18, 1887 in Book 69 at Page 203, affecting the following described property: The SW1/4 of Section 21, Township 5 North, Range 63 West of the 6th P.M. 18. The Hoover Ditch and right of way, whether in fee or easement only, therefor as evidenced by instruments recorded June 18, 1896 in Book 149 at page 113 and recorded May 23, 1911 in Book 336 at Page 513, in which the specific location of said ditch is not defined. (Affects the SW1/4 of 20-5-63) 111111111111 Ill/ 1111111111111 liii 111111 III 111111 III liii 3137261 12/19/2003 03:08P Weld County, CO 16 of 38 R 191.00 0 325.00 Steve Moreno Cferk& Recorder EXCEPTIONS 19. Right of way, whether in fee or easement only, for an irrigation ditch, as granted to the New England Livestock Company by Deed, recorded February 3, 1887 in Book 43 at Page 401, affecting the following described property: Beginning on the North line of the SE1/4SW1/4 of Section 20, Township 5 North, Range 63 West at a point 600 feet West of the Northeast corner of said 40 acres of land and running in an Easterly direction to the East line of said 40 acres at a point 200 feet South of said Northeast corner of said 40 acres, said right of way being 40 feet wide and 635 feet long. 20. Right of way, whether in fee or easement only, 150 feet in width to operate and maintain a irrigation ditch as reserved by S. J. McAfee and A. M. Todd in the Deed recorded October 21, 1901 in Book 187 at Page 336, in which the specific location of said right of way is not defined. (Affects SE1/4 of 20-5-63) 21. Right of way, whether in fee or easement only, for the inlet ditch to Riverside Reservoir, as granted to The South Platte Land, Reservoir and Irrigation Company by the Trustees under the Will of Robt . E. Carr and The Evans Investment Company, recorded April 20, 1904 in Book 208 at Page 545, affecting the following described property: - .. . As more particularly described in said instrument. (Affects Section 5-4-62) 22. Right of way, whether in fee or easement only, for a canal feeder for reservoir, as granted to the Riverside Reservoir and Land Company by Deed, recorded November 4, 1904 in Book 218 at Page 404, affecting the following described property: As more particularly described in said instrument. (Affects S1/2SW1/4 20-5-63) 23 . Right of way, whether in fee or easement only, for public road, as granted to Weld County by Frank Benton, recorded February 7, 1905 in Book 212 at Page 78, affecting the following described property: A strip of land 50 feet in width lying between Sections 34 and 35, Township S North, Range 63 West the same being 25 feet on each side of the section lines. 24. EXCEPTION DELETED. 11111 11111 3 111111!1111111111111l111111111111111111 3137261 12/19/2003 03:08P Weld County, CO 17 of 38 R 191.00 0 325.00 Steve Moreno Clerk& Recorder EXCEPTIONS 25. Right of way, whether in fee or easement only, for an irrigation ditch of The Bijou Irrigation District, as awarded to said district under Decree of the District Court of Weld County, recorded December 23, 1907 in Book 271 at Page 156, affecting the following described property: As more particularly described in said instrument. (Affects Section 3-4-63) 26 . Right of way, whether in fee or easement only, for the Riverside Canal, as granted to The Riverside Reservoir and Land Company by The 70 Ranch and Farms Company, recorded March 3 , 1910 in Book 233 at Page 582, affecting the following described property: As more particularly described in said instrument . (Affects Sections 27 and 35, in T5N-R63W and Section 1-4-63 and Section 7-4-62) 27. Right of way, whether in fee or easement only, for the Kersey Canal, as disclosed by Map and Statement filed October 20, 1910 under Reception No. 159981, affecting portions of the following described property, said canal being 53 feet wide on the top and 40 feet on the bottom: NE1/4NW1/4, N1/2NE1/4, SE1/4NE1/4 Section 10, Township 4 North, Range 63 West of the 6th P.M. 28. Right of way, whether in fee or easement only, for the Empire Ditch, as granted to The Bijou Irrigation District by Louise Von Richthofen, recorded April 1, 1914 in Book 393 at Page 222 and as awarded to said district under Decree of the District Court of Weld County, Colorado under Decree recorded February 25, 1907 in Book 202 at Page 182, affecting the following described property: As more particularly described in said instrument . (Affects 3-4-63) 29 . EXCEPTION DELETED 30. EXCEPTION DELETED 31. EXCEPTION DELETED 32 . EXCEPTION DELETED " J!' LLL ", CO 18 of 38 R 191.00 D 325.00 Steve Moreno Cierk& Recorder EXCEPTIONS 33 . Right of way, whether in fee or easement only, for a public highway, as granted to Weld County, Colorado by Tom Beach, recorded April 9, 1927 in Book 814 at Page 491, affecting the following described property: As more particularly described in said instrument . (Affects Sections 10 and 3, in T4N-R63W) 34 . Right of way, whether in fee or easement only, for pipe line purposes, granted to Continental Oil Company in the following instruments of record, in which the specific location of the easement is not defined. Date of Record: September 3 , 1931 in Book 919 at Page 144 Grantor: Bernal B. and Anna Madison Property Affected: NE1/4, SE1/4NW1/4, N1/2SW1/4 20-5-62 Date of Record: September 28, 1931 in Book 920 at Page 580 Grantor: The Crebbin Investment Co. Property Affected: NW1/4 3-4-63 Date of Record: September 28, 1931 in Book 920 at Page 582 Grantor: The Crebbin Investment Co. Property Affected: Part of E1/2SW1/4 34-5-63 Date of Record: September 28, 1931 in Book 920 at Page 598 Grantor: Harvester Investment Company, et al Property Affected: W1/2NE1/4 , NW1/4, NW1/4SW1/4 Section 15; N1/2NW1/4 Section 21; E1/2SE1/4, SW1/4SE1/4 SE1/4SW1/4 Section 19-T5N-R62W NE1/4, NW1/4SE1/4, SW1/4 Section 25; NW1/4NE1/4, NW1/4 Section 35; SE1/4NE1/4 , N1/2SE1/4 Section 34; T5N-R63W NOTE: Right of Way in Book 920 at Page 598 further described as 30 feet wide, entering at a point 240 feet South of the Northeast corner of Section 15-5-62 and "leaving at a point 600 feet South of the Northwest corner of the SE1/4 of Section 34-5-63 . Date of Record: October 8, 1931 in Book 921 at Page 320 Grantor: Pueblo and Title and Trust Company Property Affected: Block "D" , Town of Hardin 35. EXCEPTION DELETED 36. EXCEPTION DELETED I'7 "JJ, L'L"LJ ! "'J!"j0'J'L' '111 fil 261 12/19/2003 , CO 19 of 38 R 191.00 D 325.00 Steve Moreno Clerk& Recorder EXCEPTIONS 37 . All rights to any and all minerals, ore and metals of any kind and character, and all coal, asphaltum, oil, gas and other like substances in or under said land, the rights of ingress and egress for the purpose of mining, together with enough of the surface of the same as may be necessary for the proper and convenient working of such minerals and substances, as reserved in Patent from the State of Colorado, recorded March 8, 1935 in Book 974 at Page 421 . (Affects NW1/4 of 20-5-63) 38 . One-half of all oil in and to the W1/2 of Section 20, Township 5 North, Range 62 West of the 6th P.M. , as reserved by B. B. Madison in Deed recorded October 4, 1937 in Book 1016 at Page 311, and any interests therein or rights thereunder. 39. Right of way, whether in fee or easement only, for electric transmission line purposes, as granted to the United States of America by Mathilde Saenger, recorded November 22, 1939 in Book 1053 at Page 111, affecting the following described property: As more particularly described in said instrument . (Affects Sections 10-T4N-R63W) 40. EXCEPTION DELETED 41. Right of way, whether in fee or easement only, for electric transmission line purposes, as granted to The Northern Colorado Water Conservancy District by Jacob Croissant, Pete J. Croissant, R. C. Croissant, R. J. Croissant, and Harold Croissant, recorded June 12, 1942 in Book 1095 as Page 270, affecting the following described property: As more particularly described in said instrument . (Affects Section 10-4-63) 42 . An undivided one-fourth interest in and to all of the oil, gas and other minerals, as conveyed to Karl F. Crass in Deed recorded October 23 , 1943 in Book 1119 at Page 304, describing lands as follows: The N1/2NW1/4, the SE1/4 of the NW1/4 of Section 10; also, all that part of the SW1/4 of Section 1 lying West and South of the West and South bank of the South Platte River; all in Township 4 North, Range 63 West; and any interests therein or rights thereunder. 111111111111111111111111 VIII Ills !111111111111111111111 3137261 12/19/2003 03:08P Weld County, CO 20 at 38 R 191.00 D 325.00 Steve Moreno Clerk& Recorder EXCEPTIONS 43. All oil, gas and other minerals in and under the N1/2NE1/4, SW1/4NE1/4 and NE1/4NW1/4 of Section 34, Township 5 North, Range 63 West of the 6th P.M. , as reserved by Weld County in Deed recorded October 23, 1943 in Book 1119 at Page 292, and any interests therein or rights thereunder. 44 . EXCEPTION DELETED 45. A full undivided three-fourths interest in and to all of the oil, gas and other similar or dissimilar minerals whatsoever which were not excepted or reserved in patents or conveyances or other instruments of record, as reserved by Mathilde Saenger in recorded February 19, 1944 in Book 1127 at Page 453, describing lands as follows: All that part of the SW1/4 of Section 1, Township 4 North, Range 63 West of the 6th P.M. , lying West and South of the West and South bank of the South Platte River as the same traverses said quarter section of land, and is more fully described in that certain Warranty Deed recorded in Book 251 at Page 82; Also the N1/2NW1/4, the SE1/4NW1/4, and the NE1/4SW1/4 of Section 10, all in Township 4 North, Range 63 West of the 6th P.M. ; and any interests therein or rights thereunder. 46. An undivided 8/25ths interest in and to all of the oil, gas and other similar or dissimilar minerals whatsoever, as conveyed to Hazel C. Manning in Deed recorded March 20, 1944 in Book 1129 at Page 337, described as follows: Township 5 North, Range 63 West of the 6th P.M. Sec. 13 : All Sec. 22 : All Sec. 24 : All Sec. 25 : All Sec. 27 : All Sec. 34 : SE1/4, SE1/4NE1/4, N1/2NE1/4, SW1/4NE1/4, NE1/4NW1/4 Sec. 35 : All Sec. 36 : SW1/4SW1/4 Township 4 North, Range 63 West of the 6th P.M. Sec. 1 : All, EXCEPT that part of the SW1/4 of said Section 1 lying South and West of West and South bank of the South Platte River, consisting of approximately 34.47 acres of land, being 1, 820 feet on the South side and 1, 650 feet on the West side; Sec. 14 : N1/2 11111111111111111111111111111 liil 111111 III 111111111 I1I . 3137261 12/19/2003 03:08P Weld County, CO 21 of 38 R 191.00 D 325.00 Steve Moreno Clerk& Recorder EXCEPTIONS Township 5 North, Range 62 West of the 6th P.M. Sec . 3 : W1/2E1/2 Sec. 15 : W1/2, W1/2E1/2 Sec. 17 : All Sec. 18 : All Sec. 19: All Sec. 20 : All Sec. 21 : All Sec. 29 : All Sec . 31 : All Sec. 33 : N1/2 Township 4 North, Range 62 West of the 6th P.M. Sec. 3 : NW1/4 Sec. 5 : All Sec. 7 : All and any interests therein or rights thereunder. 47. EXCEPTION DELETED 48. EXCEPTION DELETED 49. Right of way, whether in fee or easement only, for: (a) The construction, maintenance, repair, renewal and reconstruction of the earth dikes, as located North of the Union Pacific Railroad in Sections 1 and 12 , Township 4 North, Range 63 West of the 6th P.M. , in Weld County, Colorado; (b) The construction, maintenance, repair, renewal and reconstruction of a culvert with control gate which is located in the dike, crossing the seep ditch in the SE1/4 of the SE1/4 of said Section 1; (c) The construction, maintenance, repair, renewal and reconstruction of an earth dike across the East channel of the South Platte River, upon and along a strip of land of sufficient width to accommodate said dike upon the lands situate in the SE1/4 of the SW1/4 of said Section 1 and in the NE1/4 of the NW1/4 of said Section 12, said dike to extend in a generally Easterly and Westerly direction across said East channel at, or near, the section line common to said Sections 1 and 12; and (d) The construction, maintenance, repair, renewal and reconstruction of jetties and/or other structures or devices deemed necessary for the protection of banks of said South 1 11 1111 11111 11111111 11111 1111 111111 III 1111111111111 3137261 12/19/2003 03:08? Weld County, CO 22 of 38 R 191.00 D 325.00 Steve Moreno Clerk&Recorder EXCEPTIONS Platte River from erosion, upon the lands of the party of the first part abutting and adjacent to said river in said Section 1 and in said N1/2 and NE1/4 of SE1/4 of said Section 12; and the right to maintain main or West channels of the South Platte River in said Section 1 and in the E1/2 of the NW1/4 of said Section 12, as granted to Union Pacific Railroad Company by E. E. Brown in Deed recorded June 22, 1946 in Book 1181 at Page 540. 50. An undivided one-half of all oil, gas, carbo-hydrates, minerals and valuable deposits of every kind, nature or description, as reserved by Douglas A. Carruthers as the Conservator of the Estate of Georgia L. Carruthers in Conservator' s Deed recorded July 14, 1948 in Book 1230 at Page 538, describing lands as follows : S1/2NW1/4, NE1/4SW1/4, NW1/4SE1/4, S1/2SE1/4 Section 2; That part of the W1/2NW1/4 lying North of the Union Pacific Railroad right-of-way and the W1/2 of the NW1/4 of the SW1/4 and the W1/2 of the SE1/4 of Section 12, EXCEPT 13 acres lying South and East of the Empire Canal; and the N1/2 of Section 3; All in Township 4 North, Range 63 West of the 6th P.M. , and all that part of the SW1/4 of Section 34, Township 5 North, Range 63 West of the 6th P.M. ; Beginning at a point in the North line of said SW1/4 1675 feet East of the Northwest corner of said SW1/4; running thence South parallel with the East line of said SW1/4 to a point in the North line of the right-of-way of the Union Pacific Railroad; thence Southeasterly along said North line of right-of-way to the East line of said SW1/4; thence North on said East line to the Northeast corner of said SW1/4 ; thence West on the North line of said SW1/4 to the Point of Beginning; and any interests therein or rights thereunder. 51. All oil, gas and mineral rights whatsoever not theretofore reserved or conveyed by previous instruments of record as reserved by Jacob Croissant in Deed recorded May 12, 1950 in Book 1270 at Page 319, describing lands as follows: TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M. Section 10 : W1/2 and any interests therein or rights thereunder. 52 . All oil, gas and other minerals underlying the SE1/4 of the NW1/4 of Section 34, Township 5 North, Range 63 West of the 6th P.M. , as reserved by Frank N. Mondt and Helen E. Mondt in Deed recorded May 23, 1951 in Book 1303 at Page 496, and any interests therein or rights thereunder. I111111 IIII IIII1I 11111 1111 IIIII! IN IINIII II IIll 3137261 12/19/2003 03:0BP Weld County, CO 23 of 38 R 191.00 D 325.00 Steve Moreno Clerk R Recorder EXCEPTIONS 53 . An undivided 7/llths interest in and to all oil, gas and other minerals and all mineral rights, as conveyed to Christ Croissant, Florence Reck, Peter Croissant, Henry Croissant, Linda Glenn, Elsie Hooge and Elmer Croissant in Deed recorded January 10, 1967 in Book 577 as Reception No. 1498906, describing lands as follows: Adopting the dividing line between Sections 2 and 3, Township 4 North, Range 63 West of the 6th P.M. , as being the center of the established county road running North and South near or between the said Sections: All that part of the SE1/4 of Section 3, Township 4 North, Range 63 West of the 6th P.M. , lying North and East of the Empire Inlet Ditch; The W1/2 of the SW1/4; the SE1/4 of the SW1/4; and that part of the 51/2 of the NW1/4, the NE1/4 of the SW1/4, and the S1/2 of the SE1/4, lying South of the right of way of the Union Pacific Railroad Company, all in Section 2, Township 4 North, Range 63 West of the 6th F.M. ; That part of the N1/2 lying North of The Empire Inlet Ditch and South of the right of way of The Union Pacific Railroad Company, all in Section 3, Township 4 North, Range 63 West of the 6th P.M. ; That part of the W1/2 of the SE1/4 lying South of the right of way of The Union Pacific Railroad Company, excepting 13 acres lying South and East of The Empire Canal, Section 12, Township 4 North, Range 63 West of the 6th P.M. ; -- -- - All that part of the SW1/4 of Section 34, Township 5 North, Range 63 West of the 6th P.M. , described as follows : Beginning at a point on the North line of said SW1/4, 1675 feet East of the Northwest corner; thence running Southeasterly, parallel with the East line of said SW1/4, to a point on the North line of the right of way of The Union Pacific Railroad Company; thence Southeasterly, along said North line of said right of way to the East line of said SW1/4; thence North on said East line to the Northeast corner of said SW1/4; thence West on the North line of said SW1/4 to the Point of Beginning. All of Blocks 4, 5, C and D, all in the Town of Hardin, according to the recorded Map or Plat thereof. and any interests therein or rights thereunder. 54 . EXCEPTION DELETED 111111 VIII Ii! 11111111 11111 liii 111111 III 1111111111111 • 3137261 12/19/2003 03:08P Weld County, CO 24 of 38 R 191.00 D 325.00 Steve Moreno Clerk& Recorder EXCEPTIONS 55 . Right of way, whether in fee or easement only, for a pipe line or pipelines and appurtenances, as granted to Phillips Petroleum Company by Vera Peterson, recorded May 11, 1971 in Book 646 as Reception No. 1567546, affecting the following described property: As more particularly described in said instrument. (Affects Sections 9, 17 and 20, in T5N-R63W) 56. EXCEPTION DELETED 5? . EXCEPTION DELETED 58 . Right of way, whether in fee or easement only, for electric transmission or distribution line or system, granted to Poudre Valley Rural Electric Association in the following instruments of record, in which the specific location of the easement is not defined. Date of Record: March 21, 1973 in Book 688 as Reception No. 1609519 Grantor: Allard Cattle Co. Property Affected: Section 34-5-63 Date of Record: April 14., ..19.7.8 in Book. 828 as Reception.No._ 1750421 Grantor: H. Gordon Johnson Property Affected: NE1/4 Section 3-4-63 Date of Record: January 3 , 1989 in Book 1220 as Reception No. 2166750 Grantor: National Farms Property Affected: Sections 26, 27, 35; in T5N-R63W 59. An undivided one-half of all oil, gas and other minerals not theretofore conveyed or reserved, as reserved by Albert Croisant in Deed recorded February 4, 1974 in Book 708 as Reception No. 1629646, describing lands as follows: Adopting the dividing line between Sections 2 and 3, and 10 and 11, all in Township 4 North, Range 63 West of the 6th P.M. , as being the center of the established county road running North and South near or between the said Sections: That part of the SW1/4 of Section 1, Township 4 North, Range 63 West of the 6th P.M. , lying West and South of the West and South Bank of the South Platte River as the same traverses said quarter section; That part of the S1/2 of the NW1/4, the NE1/4 of the SW1/4, the 111111111111111111111111111111111111111 III 1111111111111 3137261 12/19/2003 03:08P Weld County, CO 25 of 38 R 191.00 D 325.00 Steve Moreno Clerk& Recorder EXCEPTIONS W1/2 of the SE1/4, and the SE1/4 of the SE1/4, all in Section 2, Township 4 North, Range 63 West of the 6th P.M. , which lies North of the right of way of The Union Pacific Railroad Company; The SW1/4 of Section 3, and that part of the SE1/4 of Section 3 lying South and West of the Empire Canal, also known as the Empire Inlet Ditch, also known as the Empire Outlet Canal, said parcel also being described as that part of the Sl/2 of Section 3 lying South of the Empire Inlet Ditch, also known as the Empire Outlet Canal, also known as the Empire Canal, and that part of the NW1/4 and the SW1/4 of the NE1/4 lying South of The Empire Inlet Ditch, also that part of the NE1/4 lying North of the right of way of The Union Pacific Railroad Company, all in Section 3, Township 4 North, Range 63 West of the 6th P.M. The NE1/4 of Section 10, Township 4 North, Range 63 West of the 6th P.M. ; That part of the W1/2 of the NW1/4 and the W1/2 of the SE1/4 of Section 12, Township 4 North, Range 63 West of the 6th P.M. , lying North of The Union Pacific Railroad Company right of way, and any interests therein or rights thereunder. 60 . EXCEPTION DELETED 61 . EXCEPTION DELETED 62 . EXCEPTION DELETED - 63 . An undivided 505/s of 30% of all oil, gas, hydrocarbons and other minerals owned by grantors, as reserved by George L. Allard and Roxana E. Allard in Deeds recorded May 2, 1979 in Book 867 as Reception Nos. 1789168 and 1789169, describing the following lands: TOWNSHIP 4 NORTH, RANGE 62 WEST OF THE 6TH P.M. , COUNTY OF WELD, STATE OF COLORADO: Section 3 : NW1/4 Section 5 : All Section 7: All TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M. , COUNTY OF WELD, STATE OF COLORADO: Section 1: E1/2; NW1/4; SW1/4 EXCEPT that part thereof, containing 34 .47 acres more or less lying South and West of the South Platte River: TOWNSHIP 5 NORTH, RANGE 62 WEST OF THE 6TH P.M. , COUNTY OF WELD, STATE OF COLORADO: • 111111111111111111111111111111111111111111111111111 IIIi 3137261 12/19/2003 03:08P Weld County, 26 of 38 R 191.00 0 325.00 Steve Moreno Clerk& Recorder EXCEPTIONS Section 3 : The W1/2 of the E1/2 Section 15 : The W1/2 of the E1/2 and the W1/2 Section 17 : All Section 18 : All Section 19 : All Section 20 : All Section 21 : All Section 29 : All Section 31 : All Section 33 : All TOWNSHIP 5 NORTH, RANGE 63 WEST OF THE 6TH P.M. , COUNTY OF WELD, STATE OF COLORADO: Section 13 : All Section 22 : All Section 23 : All Section 24 : All Section 25 : All Section 27 : All, EXCEPT the SW1/4 of the SW1/4 Section 34 : The E1/2 and the E1/2 of the NW1/4 Section 35 : All Section 36: The SW1/4 of the SW1/4, EXCEPT 5 8/10 acres thereof . _ Adopting the dividing line between Sections 2 and 3 , and 10 and 11, all in Township 4 North, Range 63 West of the 6th P.M. , County of Weld, State of Colorado, as being the center of the established county road running North and South near or between the said Sections: That part of the SW1/4 of Section 1, Township 4 North, Range 63 West of the 6th P.M. , County of Weld, State of Colorado, lying West and South of the West and South Bank of the South Platte River as the same traverses said quarter section; That part of the S1/2 of the NW1/4, the NE1/4 of the SW1/4, the W1/2 of the SE1/4, and the SE1/4 of the SE1/4, all in Section 2, Township 4 North, Range 63 West of the 6th P.M. , County of Weld, State of Colorado, which lies North of the right of way of The Union Pacific Railroad Company; The SW1/4 of Section 3, and that part of the SE1/4 of Section 3 lying South and West of the Empire Canal, also known as The Empire Inlet Ditch, also known as The Empire Outlet Canal, said parcel also being described as that part of the S1/2 of Section 3 lying South of The Empire Inlet Ditch, also known as The Empire Outlet Canal, also known as The Empire Canal, and that part of the NW1/4 and the SW1/4 of the NE1/4 lying South of The Empire Inlet Ditch; Also that part of the NE1/4 lying North of the right of way of The Union Pacific Railroad Company; all in Section 3, Township 4 111111111111111111111111111111f11111111 III 1111111 11 101 3137261 12/19/2003 03:08P Weld County, CO 27 of 38 R 191.00 D 325.00 Steve Moreno Clerk&Recorder EXCEPTIONS North, Range 63 West of the 6th P.M. , County of Weld, State of Colorado; The NE1/4 of Section 10, Township 4 North, Range 63 West of the 6th P.M. , County of Weld, State of Colorado; That part of the W1/2 of the NW1/4 and the W1/2 of the SE1/4 of Section 12 , Township 4 North, Range 63 West of the 6th P.M. , County of Weld, State of Colorado, lying North of the Union Pacific Railroad Company right of way, and any interests therein or rights thereunder. 64 . An undivided 50% of 20% of all oil, gas, hydrocarbons and other minerals owned by grantors, as reserved by George L. Allard & Co. , in Deed recorded May 2, 1979 in Book 867 as Reception No. 1789170, describing the following lands: TOWNSHIP 4 NORTH, RANGE 62 WEST OF THE 6TH P.AM. , COUNTY OF WELD, STATE OF COLORADO: Section 3 : NW1/4 Section 5 : All Section 7 : All TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M. , COUNTY OF WELD, STATE OF COLORADO: Section 1 : E1/2; NW1/4 ; SW1/4 EXCEPT that part thereof, containing 34 .47 acres more or less lying South and West of the South Platte River: TOWNSHIP 5 NORTH, RANGE 62 WEST OF THE 6TH P.M. , COUNTY OF WELD, STATE OF COLORADO: Section 3 : The W1/2 of the E1/2 Section 15 : The W1/2 of the E1/2 and the W1/2 Section 17 : All Section 18 : All Section 19: All Section 20: All Section 21: All Section 29 : All Section 31: All Section 33 : All TOWNSHIP 5 NORTH, RANGE 63 WEST OF THE 6TH P.M. , COUNTY OF WELD, STATE OF COLORADO: Section 13 : All Section 22 : All 1111111111114111 I1Nl111111111111111II11111111111111111 3137261 12119/2003 03:08P Weld County, CO 28 of 38 R 191.00 D 325.00 Steve Moreno Clerk&Recorder EXCEPTIONS Section 23 : All Section 24: All Section 25: All Section 27: All, EXCEPT the SW1/4 of the SW1/4 Section 34: The E1/2 and the E1/2 of the NW1/4 Section 35: All Section 36: The SW1/4 of the SW1/4, EXCEPT 5 8/10 acres thereof. Adopting the dividing line between Sections 2 and 3, and 10 and 11, all in Township 4 North, Range 63 West of the 6th P.M. , County of Weld, State of Colorado, as being the center of the established county road running North and South near or between the said Sections: That part of the SW1/4 of Section 1, Township 4 North, Range 63 West of the 6th P.M. , County of Weld, State of Colorado, lying West and South of the West and South Bank of the South Platte River as the same traverses said quarter section; That part of the S1/2 of the NW1/4, the NE1/4 of the SW1/4, the w1/2 of the SE1/4 , and the SE1/4 of the SE1/4, all in Section 2, Township 4 North, Range 63 West of the 6th P.M. , County of Weld, State of Colorado, which lies North of the right of way of The Union Pacific Railroad Company; The SWl/4 of Section 3 , and that part of the SE1/4 of Section 3 lying South and West of the Empire Canal, also known as The Empire Inlet Ditch, also known as The Empire Outlet Canal, said parcel also being described as that part of the S1/2 of Section 3 lying South of The Empire Inlet Ditch, also known as The Empire Outlet Canal, also known as The Empire Canal, and that part of the NW1/4 and the SW1/4 of the NE1/4 lying South of The Empire Inlet Ditch; Also that part of the NE1/4 lying North of the right of way of The Union Pacific Railroad Company; all in Section 3, Township 4 North, Range 63 West of the 6th P.M. , County of Weld, State of Colorado; The NE1/4 of Section 10, Township 4 North, Range 63 West of the 6th P.M. , County of Weld, State of Colorado; That part of the W1/2 of the NW1/4 and the W1/2 of the SE1/4 of Section 12, Township 4 North, Range 63 West of the 6th P.M. , County of Weld, State of Colorado, lying North of the Union Pacific Railroad Company right of way, and any interests therein or rights thereunder. 65 . Terms, agreements, provisions, conditions and obligations as contained in Open Cut Mining Plan - Farr Pit recorded September 3, 1980 in Book 913 as Reception No. 1834837 . (Affects Section 3 and 10, T4N-R63W) 1111111111111111111111111111111111111111111111111111111 3137261 12/19/2003 03:08P Weld County, CD 29 of 38 R 191.00 D 325.00 Steve Moreno Clerk& Recorder EXCEPTIONS 66 . Terms, agreements, provisions, conditions and obligations as contained in Surface Owner's Agreement by and between Vera Peterson, also known as Vera E. Peterson and Champlin Petroleum Company recorded April 3, 1981 in Book 932 as Reception No. 1854138. (Affects S1/2 of Section 17-5-63) 67. Terms, agreements, provisions, conditions and obligations as contained in Surface Owner's Agreements by and between W. D. Farr, a/k/a William D. Farr and Champlin Petroleum Company: DATE OF RECORD BOOK REC. NO. PROPERTY AFFECTED 4/3/81 . 932 1854139 SW1/4, part of SE1/4, Section 3, lying South and West of Empire Canal, T4N-R63W 7/9/82 972 1896995 W1/2, SE1/4 Section 27, EXCEPT SW1/4SW1/4 , T5N-R63W 8/30/82 976 1902289 W1/2, SE1/4, Section 13, T5N-R63W 9/20/82 978 1904189 W1/2 , SE1/4 Section 23 , T5N--R63W 68. EXCEYTION DELETED - - - - - f f 11111 Illli 1111 IlIHI 11111 1111 TIll 111111111111 liii 3137261 12/19/2003 03:08P Weld County, C 30 of 38 R 191.00 D 325.00 Steve Moreno Clerk&Recorder EXCEPTIONS 69. Right of way, whether in fee or easement only, for pipe line purposes, as granted to Panhandle Eastern Pipe Line Company, in the instrument recorded , the location of which is shown in the map attached to said instrument. DATE OF RECORD: February 10, 1982 in Book 960 as Reception No. 1882628 GRANTOR: Harold O. Peterson and Vera Peterson PROPERTY AFFECTED: Sections 9, 17, 20 and 21, T5N-R63W DATE OF RECORD: July 12, 1982 in Book 972 as Reception No. 1897129 GRANTOR: W. D. Farr PROPERTY AFFECTED: W1/2 Section 27, T5N-R63W DATE OF RECORD: July 12, 1982 in Book 972 as Reception No. 1897134 GRANTOR: Vera Peterson PROPERTY AFFECTED: Sections 17, 20 and 21, T5N-R63W DATE OF RECORD: June 20, 1983 in Book 999 as Reception No. 1930799 GRANTOR: W. D. Farr PROPERTY AFFECTED: N1/2, SW1/4 Section 27; SE1/4 Section 22; SW1/4 Section 23; T5N-R63W . DATE OF RECORD: November 4, 1983 in Book 1012 as Reception No. 1946069 GRANTOR: W. D. Farr PROPERTY AFFECTED: SW1/4 Section 3, T4N-R63W 70 , Oil and gas lease between William D. Farr, also known as W. D. Farr and Rock Oil Corporation dated August 11, 1982, recorded October 29, 1982 in Book 980 as Reception No. 1907717, and any interests therein or rights thereunder. Note : Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106, by Rock Oil Corporation, recorded December 28, 1983 in Book 1016 as Reception No. 195.1274. Note: Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106, by Rock Oil Company, recorded October 22, 1985 in Book 1088 as Reception No. 2029365. (Affects W1/2 Section 24-5-63) LI3I1111111111 IIl11I1111J1111111111I 111 Illl 111111111 7261 12/19/2003 03:08P Weld County, CO 31 of 38 R 191.00 D 325.00 Steve Moreno Clerk& Recorder EXCEPTIONS 71 . Oil and gas lease between William D. Farr, also known as W.D. Farr and John Q. Moses dated November 19, 1982, recorded December 27, 1982 in Book 985 as Reception No. 1912357, and any interests therein or rights thereunder. Note: Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106, by John Q. Moses and Patricia E. Moses, recorded December 4, 1964 in Book 1051 as Reception No. 1990725. (Affects Sections 18 and 19, T5N, R62W) 72 . Right of way, whether in fee or easement only, for a pipeline or pipelines, or other appurtenances, as granted to Natural Gas Associates, Inc. by Vera Peterson, also known as Vera E. Peterson and United Bank of Greeley, in the instrument recorded June 30, 1986 in Book 1118 as Reception No. 2058990, the location of which is shown in the map attached to said instrument. (Affects Section 20.5-63) 73 . All mineral interests, including all oil, gas and other minerals, as conveyed to Vera E. Peterson by Deed recorded July 8, 1987 in Book 1162 as Reception No. 2106340, and any interests therein or rights thereunder. (Affects S1/2 of Section 20-5-63) 74 . Any and all mineral rights and interests of the grantor, as reserved by The Travelers Insurance Company in Deed, recorded June 17, 1988 in Book 1199 as Reception No. 2145184, and any interests therein or rights thereunder. NOTE: Deed, from Travelers Insurance Company recorded June 17, 1988 in Book 1199 as Reception No. 2145185 . (Affects properties described therein) I 111111 11111 liii 111111 11111 liii 111111 f If 11111 I I II II II 3137261 12/19/2003 03:08P Weld County, CO 32 of 38 R 191.00 D 325.00 Steve Moreno Clerk& Recorder EXCEPTIONS 75 . Any question, dispute or adverse claims as to any loss or gain of land as a result of any change in the river bed location by other than natural causes, or alteration through accretion, reliction, erosion or avulsion of the center thread, bank, channel or flow of waters in the South Platte River lying within subject Land; and any question as to the location of such center thread, bed, bank or channel as a legal description monument or marker for purposes of describing or locating subject lands. NOTE: There are no documents in the land records of the office of the Clerk and Recorder of County of Weld, accurately locating past or present location(s) of the center thread, bank, bed or channel of the above South Platte River or indicating any alterations of the same as from time to time may have occurred. 76. Any rights, interest or easements in favor of the riparian owners, the State of Colorado, the United States of America, or the general Public, which exist, have existed, or are claimed to exist in and over the waters and present and past bed and banks of South Platte River. 77 , Terms, agreements, provisions, conditions and obligations as contained in Permit for Plowing Grassland by and between National Hog Farms, Inc. and Board of County Commissioners of Weld County, Colorado recorded August 16, 1989 in Book 1241 as Reception No. 2188697. (Affects Sections 25, 26, 35, 36-5-63; 1-4-63; 5, 6, 7-4-62; 29, 30, 31, 32-5-62) 78. Terms, agreements, provisions, conditions and obligations as contained in Permit for Plowing Grassland by and between National Hog Farms, Inc. and Board of County Commissioners of Weld County, Colorado recorded September 26, 1991 in Book 1312 as Reception No. 2264416 . (Affects Sections 25, 26, 35 and 36-5-63 ; 1.4-63; 6 and 7-4-62; 16, 17, 18, 19, 30 and 31-5-62) 79. Terms, agreements, provisions, conditions and obligations as contained in Permit for Plowing Grassland by and between National Hog Farms, Inc. and Board of County Commissioners of Weld County, Colorado recorded May 22, 1990 in Book 1264 as Reception No. 2214709. (Affects Sections 25, 26, 35 and 36-5-63 ; 1-4-63 ; 6 and 7-4-62; 15, 16, 17, 18, 19, 20, 21, 30 and 31-5-62) I liii!! IIIII IIII IIIIIIi II111 IIII IIIIII III 11111 IIII Ills 3137261 12/19/2003 03:08P Weld County, Co 33 of 38 R 191.00 D 325.00 Steve Moreno Clerk& Recorder EXCEPTIONS 80 . Terms, agreements, provisions, conditions and obligations as contained in Permit for Plowing Grassland by and between National Hog Farms, Inc. and Board of County Commissioners of Weld County, Colorado recorded September 28, 1989 in Book 1245 as Reception No. 2193164 . (Affects Sections 25, 26, 35 and 36-5-63 ; 1-4-63) 81. Weld County Road 69 as shown on Maps recorded August 15, 1989 in Book 1241 as Reception No. 2188569, and Reception No. 2195779. (Affects 3-4-63) 82 . Right of way, whether in fee or easement only, for the right to construct, operate, maintain and remove such communication and other facilities and appurtenances, granted to The Mountain States Telephone and Telegraph Company by National Farms, Inc. by instrument recorded December 18, 1989 in Book 1251 as Reception No. 2200420, in which the specific location of the easement is not defined. (Affects Section 10-4-63) 83 . Right of way, whether in fee or easement only, for the right to construct, operate, maintain and remove such communication and other facilities and appurtenances, granted to The Mountain States Telephone and Telegraph Company by National Farms, Inc. by instrument • recorded December 18, 1989 in Book- 1-251 as Reception _ No. 2200421, in which the specific location of the easement is not defined. (Affects Section 3-4-63) 84 . EXCEPTION DELETED 85 . Right of way, whether in fee or easement only, for the right to lay, construct, maintain, inspect, repair, replace, operate, and remove a pipeline and appurtenances, granted to Pacific Midland Production Company by National Hog Farms, Inc. by instrument recorded September 15, 1989 in Book 1244 as Reception No. 2191951, in which the specific location of the easement is not defined. (Affects Section 17-5-63) 86 . Right of way, whether in fee or easement only, for constructing, reconstructing, inspecting, upgrading, increasing voltage or line capacity, operating, repairing, maintaining and extending from time to time and overhead and/or underground electric line or system and appurtenances, granted to Poudre Valley Rural Electric Association, Inc. by National Hog Farms by instrument recorded February 26, 1990 in Book 1256 as Reception No. 2206183, in which the specific location of the easement is not defined. (Affects Section 20-5-63) I IIIIII 11111 Ill! 1111111111111 IIII 11111111111111 lii1 IIII 3137261 12/19/2003 03:08P Weld County, CO 34 of 38 R 191.00 D 325.00 Steve Moreno Clerk& Recorder EXCEPTIONS 87. Terms, agreements, provisions, conditions and obligations as contained in Memorandum of Agreement recorded April 28, 1995 in Book 1489 as Reception No. 2436222 . (Affects Sections 3 and 5-4-62) 88 . Terms, agreements, provisions, conditions and obligations as contained in Surface Owner's Agreement by and between National Hog Farms, Inc. and Union Pacific Land Resources Corporation recorded May 26, 1998 as Reception No. 2614999. (Affects Section 13-5-63) 89. Terms, agreements, provisions, conditions and obligations as contained in Agreement by and between National Hog Farms, Inc. and Riverside Irrigation District recorded December 30, 1993 in Book 1419 as Reception No. 2366727 . (Affects Section 20-5-63) 90 . Terms, agreements, provisions, conditions and obligations as contained in Surface Owner' s Agreement by and between National Hog Farms, Inc. and Union Pacific Land Resources Corporation recorded March 8, 2000 as Reception No. 2754394 . (Affects SW1/4NW1/4, NW1/4NW1/4 Section 17-5-63) 91. Terms, agreements, provisions, conditions and obligations as _ contained in Surface Owner' s Agreement by and between National Hog Farms, Inc. and Union Pacific Land Resources Corporation recorded January 12, 2000 as Reception No. 2743975 . (Affects SW1/4SE1/4 Section 21-5-63) 92 . Oil and gas lease between National Hog Farms, Inc. and CFG Energy, Inc. dated January 25, 2002 , for a primary term of 3 years, recorded February 25, 2002 as Reception No. 2927373 , and any interests therein or rights thereunder. Note : Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106, by CFG Energy, Inc. , recorded February 25, 2003 as Reception No. 3035559. Note : Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106, by CFG Energy, Inc. , recorded February 27, 2003 as Reception No. 3036365. (Affects NW1/4 Section 3-4-63) 1(1111111111 III! 11111111 11111 IHI 111111 II liii 1111111! 3137261 12/19/2003 03:08P Weld County, CO 35 of 38 R 191.00 0 325.00 Steve Moreno Cferk& Recorder EXCEPTIONS 93 . Terms, agreements, provisions, conditions and obligations as contained in Surface Owner's Agreement by and between National Hog Farms, Inc. and Union Pacific Land Resources Corporation recorded November 13, 2000 as Reception No. 2806458 . (Affects SW1/4SW1/4 Section 9-5-63) 94 . Right of way, whether in fee or easement only, for purpose from time to time of constructing, operating, inspecting, maintaining, protecting, repairing, replacing, changing the size of, and removing a pipeline or pipelines and appurtenances, as granted to Duke Energy Field Services, LP by National Hog Farms, Inc. , recorded July 26, 2001 as Reception No. 2868822, affecting the following described property: As more particularly described in said instrument. (Affects SW1/4SW1/4 Section 9-5-63) 95 . Terms, agreements, provisions, conditions and obligations as contained in Surface Owner' s Agreement by and between National Hog Farms, Inc. and Union Pacific Land Resources Corporation recorded September 29, 2000 as Reception No. 2797095. (Affects E1/2NW1/4 Section 17-5-63) 96. Right of way, whether in fee or easement only, for the purpose from time to time of constructing, ._operat.ing, inspecting, maintaining, protecting, repairing, changing the size of, and removing a pipeline or pipelines and appurtenances, granted to Duke Energy Field Services, LP by National Hog Farm, Inc. by instrument recorded July 26, 2001 as Reception No. 2868821, in which the specific location of the easement is not defined. (Affects N1/2 Section 17-5-63) 97 . Right of way, whether in fee or easement only, for purpose from time to time of constructing, operating, inspecting, maintaining, protecting, repairing, replacing, changing the size of, and removing a pipeline or pipelines and appurtenances, as granted to Duke Energy Field Services, LP by National Hog Farms, Inc. , recorded July 26, 2001 as Reception No. 2868823, affecting the following described property: As more particularly described in said instrument. (Affects E1/2E1/2 Section 17, N1/2 and SE1/4 Section 21-5-63) 111111111111111111111111111111111 huh Ill liii!III! (Ill 3137261 12/19/2003 03:08P Weld County, CO 36 of 38 R 191.00 D 325.00 Steve Moreno Clerk& Recorder EXCEPTIONS 98 . Right of way, whether in fee or easement only, to survey, construct, maintain, inspect, operate, repair, replace, modify, change the size of, reconstruct, mark, monitor, abandon or remove, at Grantee' s election, one pipeline and appurtenances, as granted to HS Gathering, L.L.C. by National Hog Farms, Inc. , recorded August 2, 2001 as Reception No. 2871038, affecting the following described property: As more particularly described in said instrument . (Affects S1/2 and NW1/4 Section 20-5-63) 99 . Right of way, whether in fee or easement only, for the right to install, maintain, inspect, replace, erect, operate, and remove an above ground oil and gas related facility and appurtenances, granted to HS Gathering, L.L.C. by National Hog Farms, Inc. by instrument recorded August 2, 2001 as Reception No. 2871039, in which the specific location of the easement is not defined. (Affects S1/2 and NW1/4 Section 20-5-63) 100 . Right of way, whether in fee or easement only, to survey, construct, maintain, inspect, operate, repair, replace, modify, change the size of, reconstruct, mark, monitor, abandon or remove, at Grantee' s election, one pipeline and appurtenances, as granted to HS Gathering, L.L.C. by National Hog Farms, Inc. , recorded February 13, 2002- as Reception No. 2925227, affecting the following described property: As more particularly described in said instrument . (Affects S1/2 and NW1/4 Section 20-5-63) 101. Terms, agreements, provisions, conditions and obligations as contained in Agreement by and between National Hog Farms, Inc. and Riverside Irrigation District recorded August 28, 2001 as Reception No. 2878571 . (Affects Section 20-5-63) 102 . Any question as to the size or location of the subject property, by reason of the fact that Exhibit B of Agreement recorded December 30, 1993 in Book 1419 as Reception No. 2366727, does not contain a legal description. (Affects Section 20-5-63) 103. Terms, agreements, provisions, conditions, obligations and easements as contained in deed from National Hog Farms, Inc. to P. David Perkins, recorded September 6, 2002 as Reception No. 2985198, providing substantially as follows : 1111111 11111 liii 11111111 11111 liii 111111 III II111IIIIIIf1 3137261 12/19/2003 03:08P Weld County, CO 37 of 38 R 191.00 0 325.00 Steve Moreno Clerk&Recorder EXCEPTIONS "Grantee acknowledges that (1) the property in question has been the site of a Housed Commercial Swine Feeding Operation subject to the provisions of Colorado' s ballot Amendment 14 and regulations promulgated thereunder, and (ii) Grantor is currently negotiating a Compliance Order on Consent with the Colorado Department of Public Health and Environment (CDPHE) to resolve an outstanding Notice of Violation (NOV) . Grantee agrees that he shall not interfere, in any manner, with Grantor' s finalization of such Order and Grantor's fulfillment of obligations arising either under such Order or any other final administrative or judicial determination issued as a consequence of the NOV. Grantee specifically agrees to provide Grantor and its agents with access to the property for soils and groundwater testing, phytoremediation, or the conduct of any other actions as may be required under such Order or determination. Grantor reserves such easements and rights of way necessary to comply with the directives of CDPHE. " (Affects all of subject property) 104 . Oil and gas lease between P. David Perkins and Rex Monahan dated December 31, 2002, recorded December 31, 2002 as Reception No. 3019621, and any interests therein or rights thereunder. (Affects Sections 3 and 5 in T4N-R62W: Sections 3, 15, 17, 18, 19, 20, 21, 29, 31 and 33 in T5N-R62W; Section 1-T4N-R63W) 105. Terms, agreements, provisions, conditions, obligations and easements as contained in General Warranty Deed recorded June 12, 2003 as Reception No. 3072323 . 106 . Terms, agreements, provisions, conditions, obligations and easements as contained in Special Warranty Deed recorded June 12, 2003 as Reception No. 3072324 . 107. Terms, agreements, provisions, conditions, obligations and easements as contained in Partial Assignment of Rights in Agreements recorded June 12, 2003 as Reception No. 3072325. 108 . Terms, agreements, provisions, conditions, obligations and easements as contained in Pump No. 2 Easement and Joint Operating Agreement recorded June 12, 2003 as Reception No. 3072326. 109. Right of way, whether in fee or easement only, for road, granted to The TH Ranch, LLC, a Colorado limited liability company by Perkins Land & Livestock, LLC and P. David Perkins by instrument recorded September 12, 2003 as Reception No. 3106201, in which the specific location of the easement is not defined. (Affects 5-4-62, 1-4-63, and 35 and 36-5-63) 111111111111 /III 1111111 11111 111111111111111111111/ 1111 3137261 12/19/2003 03:08P Weld County, CO 38 of 38 R 191.00 D 325.00 Steve Moreno Clerk& Recorder EXCEPTIONS 110 . Right of way, whether in fee or easement only, for a pipeline and appurtenances, granted to Duke Energy Field Services, LP by P. David Perkins by instrument recorded October 22, 2003 as Reception No. 3119400, in which the specific location of the easement is not defined. (Affects SW1/4 9-5-63) 111. Terms, agreements, provisions, conditions and obligations as contained in Memorandum of Surface Damage Agreement by and between Perkins Land and Livestock LLC and EnCana Energy Resources Inc. recorded September 26, 2003 as Reception No. 3110511. (Affects SW1/4NW1/4 20-5-63) 112 . Terms, agreements, provisions, conditions and obligations as contained in Memorandum of Surface Damage Agreement by and between Perkins Land and Livestock LLC and EnCana Energy Resources Inc. recorded September 26, 2003 as Reception No. 3110512 . (Affects NW1/4 20-5-63) 113 . Terms, agreements, provisions, conditions and obligations as contained in Memorandum of Option Agreement recorded June 12, 2003 as Reception No. 3072330. 114 . Terms, agreements, provisions, conditions, obligations and - - -- - easements as contained in instrument recorded June 12, 2D03 as. Reception No. 3072322 . 115 . Grazing Lease dated May 23, 2003 between Mike Cervi and Grantor. 116. Feed Purchase and Pasture Agreement dated October 8, 2003 between Grantor and Cervi Cattle Company. 1111111111111111111 Ill 111I111111i 111111111111111111111 787 3052787 04/16/2003 02:19P Weld County, CO Due to today's scanning lech7,nrologyc, 8 1 of 13 R 66.00 D 0.00 Steve Moreno Clerk Recorder ra0 3112, Quit Claim Deed THIS DEED is a conveyance from the individual(s), corporation(s) or other entity(ies)named below as GRANTOR to the individual(s) or entity(ies) named below as GRANTEE of whatever interest the GRANTOR may have in the real property described below. The GRANTOR hereby sells and quit claims to the GRANTEE the real property described below with all its appurtenances. The specific terms of this deed are: Grantor: P. David Perkins, 1514 East Main, PO Box 267, Unionville, Missouri 63565 Grantee: Perkins Land & Livestock, LLC, a Colorado limited liability company, 1514 East Main, PO Box 267, Unionville, Missouri 63565 Form of Co-Ownership: Of there are two or more grantees named, they will be considered to take as tenants in common unless the words "in joint tenancy'or words of the same meaning are added in the space below.) Property Description: See attached Exhibits A, B, C, D, and E covering real property, improvements, and water rights in Weld County, Colorado Property Address: Reservations-Restrictions: None. Exec ed b the Grantor on April /49 2003. , 0042 . P. avi Perkins, Grantor STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this {6 day of April, 2003, by P. David Perkins. WITNESS my hand and official seal. Pia,,fAtelzAA,My commis.�t,44irs: A-g_ ��O YpU �h •k4.,.. •'��/ � Notary Publ i MARY ANN K. 5 fj N. SMITH o i o'1F 9T • ‘‘‘C F C0\-_ IIl1111111111111111111111111111111111 lull Il. 111 • 3062787 04/16/2003 02:19P Weld County, C0 2 of 13 R66.00 D 0.00 Steve Moreno Clerk & Recorder PARCEL 1: TOWNSHIP 4 NORTH, RANGE 62 WEST OP THE 6713 P.M. Section 3 : NW1/4 Section 5 : All Section ? : All, EXCEPT a strip of land 100 feet wide, being SO feet oa each side of center of track of Colorado Central Railroad Company in the SB1/4SW1/4 of said Section 7 as conveyed to ' said company in Deed recorded in Book 50 at Page 586. Section 27; N1/2N1/2, S1/2NE1/4 Section 18: N1/2N1/2 TOGETVER Wflil a right of way over, upon and across the surface of a strip of land for ditch purposes SO feet in width, 20 feet on the North side and 30 feet on the South side of the following described line through Section 8 in said township and range: Beginning at point on the Weet boundary of section whence ,the West quarter corner bears North 290 feet; thence North 52 degrees 22 minutes East 155 feet; thence South 62 degrees 53 minutes Bast 390 feet; thence South SO degrees 52 minutes East 175 feet; thence South 28 degrees 30 minutes East 200 feet; thence South 47 degrees 21 minutes East 363 feet; thence south 58 'degrees 13 minutes Bast 360 feet; thence South 67 degrees 10 minutes Bast 185 feet; thence South 80 degrees 13 minutes East 110 feet; thence North 21 degrees 09 minutes East 1HO feet; thence North 67 degrees 29 minutes East 240 feet; thence South 67 degrees 37 minutes .East 395 feet; thence South 83 degrees 40 minutes East 360 feet. thence South 32 degrees 24 minutes East '560 feet; thence South 42 degrees 15 minutes East 385 feet; , thence South 27 degrees 54 minutes East 350 feet; thence South 13 degrees 46 Minutes East 287 feet to a point on the South boundary of said Section whence the South quarter corner bears South 89 degrees 53 minutes West 755 feet; and also TOGETHER WITH a right of way over, upon and across the surface of a strip of laud for ditch purposes 50 feet in width, 20 feet on the North side Ansi 30 feet on the South side of the following described line in the SW1/4 of the SW1/4 of Section 6 in said township and range: Beginning at a point on the West boundary of said subdivision whence the Southwest corner .of said section bears. South 250 feet; thence South 50 degrees 54 minutes East to a point on the South boundary of said section whence the Southwest corner bears West 310 feet; EXHIBIT A • 1 . • 111111111111111111111111111111111 IIIIII III IIIII 1111 IIlI 3052787 04/16/2003 02:19P Weld County, CO • 3 of 13 R 66.00 D 0.00 Steve Moreno Clerk& Recorder • • said rights of way being those granted to Meadow Farms Company by the State of Colorado in Deed recorded in Book 655 at Page 476_ TOWNSHIP 5 NORTH, RANGE 62 WEST OF hits 6TH P.M. Section 3: W1/2E1/2 Section 15: W1/2E1/z, W1/2 Section 17: All Section 18: All section 19: All Section 20: All Section 21! All Section 29: All • Section 31: All Section 33: All TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M. Section 1: All Section 2: All, EXCEPT a strip of land through the Si/25W1/4 and NW1/43E1/4 and NE1/45W1/4 thereof, 10O feet in width, being 50 feet on either side of the center of the road of the Colorado Central Railroad Company an conveyed to said company in peed recorded in Book 30 at Page 206; and EXCEPT a strip of land through the S1/2SE1/4 of said Section 2, I00 feet wide, being 50 feet on either side of the center lime of the road of the Colorado Central Railroad Company as conveyed to said Company in Deed recorded in Hook 69 at Page 132. Section 3 : ALL, EXCEPT a strip of land 100 feet wide, being 5O feet on each side of center of track of Colorado Central Railroad Company in the NE1/4 of said Section 3 as conveyed to said company in Deed recorded in Hook 50 at Page 586; and EXCEPT a strip of land 200 feet wide on each aide of the center line of the railroad of the Union Pacific Railroad Company, as reserved by said Company in Warranty Deed to. the NE1/4 of said section 3 recorded in Book 2O1 at Page 52; and EXCEPT that part of NWl/4 of said Section 3 conveyed to Rose Park in Quit Claim Deed recorded in Book 1245 at Page 433 described ae that portion of land lying and being along the West side of the N1/2 of said section formerly laid out as a • county.road b.tt abandoned as such. EXCEPTING THEREFROM a parcel conveyed to Weld County by deed recorded May 26, 1995 in Book 1493 as Reception No. 2440O48. Section 1O: ALL, Z7CCEPT that part. of the N$`1/48E1/4 thereof conveyed to the State Department of Highways, Division of Highways, State • • • III111111111111111 111 1111 11111 111111 Ill 11111 llll 1111302787 04/16/2003 02:19P Weld County, CO 4 of 13 R 66.00 D 0.00 Steve Moreno Clerk& Recorder of Colorado in Special Warranty Deed recorded in Book 1215 as Reception Na. 2161552, described as follows: Beginning at a point on the East right of way line of Weld County Road. 69 (July 1988) from which the East Quarter corner of said Section 10 bears North 24 degrees 08 minutes 40 seconds East a distance of 258.16 feet; thence North 89 degrees 10 minutes 40 seconds West 44 feet to a point on the West right of way line of Weld County Road 69; thence South 21 degrees 21 minutes 23 seconds West 222,37 feet; • thence South 61 degrees 36 minutes 40 seconds West 57,28 feet to a point on the Northeast right of way line of State Highway 36 (July 1988) ; thence South 57 degrees 36 minutes East continuing along said right of way line 293.45 Peet; thence North 10 degrees 29 minutes 30 seconds West 397.59 feet, more or less, to the Point of Beginning. section 11: ALL, EXCEPT a scrip of land 100 feet wide, being 50 feet on each side of center track of Colorado Central Railroad Company in the NE1/4 of said Section 11 as conveyed to said company in Deed recorded in Book SO at Page 586. Section 12: ALL, E7CC2PT a strip of land through the NW1/42E1./4 and NE1/45W1/4 thereof 100 feet wide, being 50 feet on either aide of central line of the road of the Colorado Central Railroad Co .any, as conveyed to said company in Deed recorded in Boo kk 50 at Page 387; and EXCEPT a strip of land through the W1/2NW1/4 thereof, 100 feet in width, being 50 feet on either side of •the center of the road of the Colorado Central Railroad Company as conveyed to said company in Deed recorded in Book 69 at Page 132; and EXCEPT that portion of the SW1/4SE1/4 thereof conveyed to The Bijou Irrigation Company in Quit Claim Deed recorded in Hook 130 at Page 527, described as follows: Coning at a point on the South line of said Section 12 at the Weat side of the right of way of the canal of the said Bijoux Irrigation Company and 750 feet East of the quarter corner on the South line of Section 12i. thence along the West line of said right of way by true bearings variation 14 degrees 10 minutes East, North 37 degrees West 580 feet; thence. North 53 degrees East 100 feet; thence North 29 degrees Bast 150 feet; thence North 23 degrees West 470 feet; thence leaving the line of said right of way and running due West 370 feet; thence South on the center line of said. Section 12, 2088 • 3 ' 1111111iIl Iil1\1 I f IIl 3052787 04/16/2003 02:19P We County, C0 6M 13 R66.00 0 0.00 Steve Moreno Clerk& Recorder feet; thence Bast 750 feet to Place of Beginning. section 131 ALL, EXCEPT the East 976 feet thereof; and EXCEPT that part of the NW1/4 of said Section 13 conveyed to the State Department of Highways, Division. of Highways, State of Colorado in Special warranty Deed recorded in Book 959 as Reception No. 1880515, described as follows: Beginning at a point on the Northerly right of way line of state Highway 34 (April 1991) from which the Northwest corner of said Section 13 bears North 26 degrees 41 minutes 4S seconds West 2323 .3 feet; thence along the Northerly right of way line of State Highway 34 (April 1981) South 57 degrees 36 at ,nutes East 195.1 feet; thence continuing along the Northerly right of way line of State Highway 34 {April 1981) along the arc of a curve to the left, having a radius of 2814.8 feet, a distance of 496.1 feet (the chord of this arc bears South 62 degrees 39 minutes East 495.4 feet) ; thence North 22 degrees 18 minutes 15 seconds East 4D feet; thence along 'the arc of a curve to the right, having a radius of 2774.8 feet, a distance of 489 feet (the chord of this arc bears North 62 degrees 39 minutes West 489 .4 feet) ; thence North 57 degrees 36 minutes West 195.1 feet; thence South 32 degrees 24 minutes West 40 feet, more or less, to the Point of Beginning. Section 14: Ail . Section 15: All EXCEPTING THHREP2OM those portions of Sections 10, 11, 13, 14 and 15 conveyed by deed, recorded November 4 , 1398 as Reception No. 2651549. TOWNSHIP 5 NORTH, RANGE 63 WEST OF-111B 6TH P.M. Section 9: All Section 13 : All Section 17 : All Section 20: S1/2, NW1/4 , EXCEPT that portion of the S1/28W1/4 thereof conveyed to the Riverside Reservoir and Land Company in Warranty Deed recorded in Book 401 at Page 237, described as follows: Beginr[ittg at a point 200 feet South A7 degrees 25 minutes East of station 0 of the right of way of the feeder ditch of The Riverside Reservoir, from whence the Northwest corner of said Section 20 bears North 03 degrees 19 minutes West 4492 feet; thence run in an Easterly direction along the Southern • 4 . • 111111EI111I1111LII!I'll IIli 111111111111111111 IIll • • 3052787 04/16/2003 02:19P Weld County, C 6 of 13 R 66.00 0 0.00 Steve Moreno Clerk& Recorder boundary of the right of way of feeder ditch 750 feet to a point on the Southern boundary of said of right of way; thence run due South 550 feet, more or less, to a point on the North bank of the South Platte River; thence run in a Northwesterly direction along the North bank of the South Platte River to the Place of Beginning. Section 21: A11 sac'tion 22: All Section 23; All Section 24:: All Section 2!2: E1/2 , NW1/4, N1/28W1/4r SE1/4SW1/4 Section 34 : E1/2, E1/2NW1/4; and that part of the El/25W1/4 described as ' f ollows: Beginning at a point on the North line of the SW1%4 of Section 34, 1675 feet East of the Northwest corner of said SW1/4, to a point on the North line of rho right of way of • the Union Pacific Railroad Company; thence Southeasterly along said North line• of said right of way to the East line of said SW1/4; thence North on said East line to the Northeast corner of said sm./4; thence West on the North line of said SW1/4 to the Point of Beginning. EXCEPTING THEREFROM a parcel conveyed to Weld County by deed recorded May 26, 1995 in Book 1493 as Reception No. 2440048 . Section 35: All EXCEPTING THEREFROM a parcel conveyed to Weld County by deed recorded May 26, 1995 in Book 1493 as Reception No. 2440048. Section 36: SWl/4SW1/4, EXCEPT -that part excluded from Patent from the State of Colorado in Book 132 at Page 118 , described as follows: Commencing at a point 1337 feet North of the Southwest corner of section 36, Township 5 North, Range 63 West of the 6th P.M_ ; thence South 26 degrees 45 minutes East 44 feet; thence South 32 degrees 32 minutes East 1,99 feet; thence South 52 degrees 19 minutes East 192 feet; thence South 72 degrees 49 minutes Feast 296 feet; thence South 50 degrees 20 minutes East 101 feet; thence South 28 degrees 40 minutes East 503 . feet; thence South 17 degrees 50 minutes East 441 feet to a point 1007 feet East of the Southwest corner of said Section 36; being a strip of land 150 feet wide, 75 feet on each side of above described centerline. TOWN OF: ' All of Blocks 4 and 5, and all of Lots C and D; • 5 • IlFil liii! 111111 IIl II{II 111111111111 III I1III 11111111 3052787 04/1612003 02:19P Weld County, C0 • 7 of 13 R 66.00 D 0.00 Steve Moreno Clerk& Recorder HARDIN: TOGETHER WITH all of thn vacated alley between Blocks 4 and 5 and Lot C; and all of vacated Castle Avenue between Blocks 4 and 5 and Let C; and all of vacated Davies Avenue south of Cullen Street; and the Southeasterly half of said vacated Davies Avenue between Cullen Street and Rtchthofen Street adjacent to said Lot D. EXCEPTING from the applicable portions of the lands described in said Parcel 1 the following parcels conveyed to the Colorado Central Railroad Company recorded in Book 30 at Page 237, described as follows: in Section 17, Township 4 North, Range 62 West through the SE1/4NE1/4 a strip of land 60 feet wide from the center line of the Colorado Central Railroad on each side thereof; through the NW1/4NE1/4 a strip of land 60 feet in width from the center line aforesaid .and on each side thereof; through the NE1/4NW1/4 a strip of land 60 feet in width from said center line on each- side thereof; through the 1W1/4NW1/4 a strip of land 100 feet in width from said center line on each side; Also, the following described tract in Section 18, Township 4 North, Range 62 West through the N1/2NE1/4; a strip of land 130 feet wide measured from the center line aforesaid and on each side thereof; Also in. Section 7, Township 4 North, Range 62 West a strip of land through the w1/28W1/4, 150 feet wide from said center line on each side thereof; Also in Suction 22, Township 4 North, Range 63 West a strip of land 150 feet wide from said center line and on each side thereof through the E1/2SE1/4. • The following is a .description of the center line of the Colorado Central Railroad: Beginning at a point on the East line of Section 17, Township 4 North, Range 62 West, 1396 feet South of its Northeast corner; running thence North 81 degrees 30 minutes West 5730 feet to a stake; thence North 81 degrees 19 minutes West 36 feet to a stake; thence North SO degrees 38 minutes West 100 feet to a stake; thence North 79 degrees 36 minutes West 100 feet to a stake; thence North 78 degrees 38 minutes West 100 feet to a stake; thence North 77 degrees 38 minutes West 100 feet to a stake; thence North 76 degrees 38 minutoc West 100 feat to a maker thence North 75 degrees 38 mznueee West 100 feet to a stake; thence North 74 degrees 38 minutes West 100 feet co a stake; thence North 73 degrees 38 minutes West 100 feet to a stake; thence North 72 degrees 38 minutes West 100 feet to a stake; • • • 111111111111 1111111 III IIIItill 11111111111 III 11111 IIII III! 3052787 04/16/2003 02:19P Weld County, CO 8 of 13 R 66.00 D 0.00 Steve Moreno Clerk & Recorder • thence North 71 degrees 38 minutes West 100 feet to a stake; thence North 70 degrees 38 minutes Weitt 100 feet to a stake; thence North 69 degrees 38 minutes West 100 feet to a stake; thence Noxth' 68 degrees 38 minutes West 100 feet to a stake; thence North 67 degrees 38 minutes West 100 feet to a stake; thence North 66 degrees 38 minutes West 100 feet to a stake; thence North 65 degrees 38 minutes west 100 feet to a stake, thence North 64 degrees 53 minutes West 50 feet to a a-take; - thence North 64 degrees 38 minutes West 4962 feet to a stake at the edge of the Platte River, which stake is 1278 feet West and 768 feet South of the quarter corner on the West line of Section 7, Township 4 North, Range 62 West, The line thus described crosses the section and aubdivisioxial lines am follows, viz; The North and South center line of Section 17 at point 1041 feeC South of the quarter corner on its North line. The West line of section 17 at a point 682 feet south of the Northwest corner., The North line of Section 16 at a point 313 feet East of the quarter corner of said line. The Yorth and south center line .of Section 7 at a point 145 feet North of the quarter corner-on its section line. The West line of Section 7 at a point 1361 feet South of the quarter corner on its West line. EXCEPTING from the applicable portions of the lands described in said Parcel 1 the following parcel; A tract of land located in the El/2 of Section 34, and the W1/2 of Section 35, all in Township 5 North, Range 63 West of the 6th P.M. , County of Weld, State of Colorado, and being more particularly described as follows: Commencing at the East Quarter corner of Section 34 and considering the East line of geld Section 34 to bear South 00 degrees 00 minutes 36 seconds East and with all other bearings contained herein being relative thereto; • thence South 00 degrees 00 minutes 36 seconds East, 36.00 feet along said East line to the True'Point of Beginning, thence South 86 degrees 09 minutes 00 seconds West, 711.00 feet; thence North 63 degrees 01 minutes 00 ©econds Went., 339,00 feet; thence South 86 degrees 35 minutes 00 seconds West, 66.00 feet; thence North 29 degrees 35 minutes 00 seconds West, 52.00 feet; • • • 7 111111 IIII Mliii Iii 11111111111111111 11111111 lIII II11 3062787 04/16/2003 02:19P Weld County, CO 9 of 13 R 66.00 D 0.00 Steve Moreno Clerk& Recorder thence North 72 degrees 23 minutes 00 seconds West, 112.00 feet; thence North 79 degrees 25 minutes 00 seconds West,99.00 feet; thence North 00 degrees 00 minutes 00 seconds East,318.00 feet; thence North 28 degrees 47 minutes 00 seconds West, 80.00 feet; thence North 16 degrees 07 minutes 17 seconds West, 70,99 feet; thence North 28 degrees 28 minutes 58 seconds West,264.49 feet; thence North 84 degrees 44 minutes 34 seconds East,506.83 feet; thence South 74 degrees 52 minutes 13 seconds East, 1042./7 feet to a point on said East line of Section 34; thence South 74 degrees 52 minutes 13 seconds East, 31.08 fleet; thence South 00 degrees 00 minutes 36 seconds East,651.18 feet; thence South 86 degrees 09 minutes 00 seconds West,30.07 Feet to the Tnte Point of Beginning. SAVE AND EXCEPT: Thirty(30)acres,more or less,from Section 20-5-63,as more partiet*IAr1y described in that certain Agreement by and between National Hog Farms, Inc. and Riverside Irrigation District recorded December 30, 1993 in Book 1419 as Reception No.2366727. ALL OF SUBJECT PROPERTY LOCATED IN COUNTY OF WELD, STATE OF COLORADO 8 • • • 1 11111111111 I1IIl II ILll 11111 111111 II 111111 1I III 3052787 04116/2003 02:19P Weld County, CO 10 of 13 R 66.00 0 0.00 Steve Moreno Clerk&Recorder • • All water and water rights,ditch and ditch rights,reservoir and reservoir rights,wells and well rights appurtenant to the real property described on Exhibit"B", hereto attached and incorporated herein, including,but not limited to the water and water rights described as follows: Ditch Rights: • 100% interest in and to the Illinois Ditch; • The Meadow Farms Ditch,the Meadow Farms Seepage Ditch,and the Meadow Farms High Line Extension Ditch; - New England Livestock Company Right, fka the Riverside Ditch No. 32; Two (2)recharge pond decrees: • One which is absolute for 1,200 feet for the benefit of the"70" Ranch; and • One which is a conditional right for 1,800 feet for the benefit of the"70" Ranch and is not yet constructed. Irrigation Wells: • Two(2)wells more specifically described in adjudication decrees recorded on June 28, 1993, in Book 705 under Reception No. 1627333, Weld County, Colorado records. • All wells listed in adjudication decree Case No.W-2982 in the Water Court for Water District Division 1,with the exception of the wells known as No.2,No. 17,No. 19 and No. 23,all of which excepted wells are located on lands owned by the State of Colorado and are leased to Grantor. • Two (2) water wells with the permit Nos. 12751-R and 12752-R. • Any rights in connection with the Hoover Ditch and the Harden Ditch,if any,and all alternate points of diversion therefrom. • EXHIBIT B 11111 IIHI 111111 III 1111111111111111 III lii!II III III 3052787 04/16/2003 02:19P Weld County, CO 11 of 13 R 66,00 0 0.00 Steve Moreno Clerk& Recorder if. .croup: 28-irrfgaiion Egt:iitrncnt - _ ' 134 IRRIGATION SPRINKLER 6115188 12,000 r-,,, 253 RCP ENGINE 11617 1122/99 9,133 • 294 IRRIG PIVOT SYSTEMS 1-8 ' 9130/89 • . 340,747 ' � 'r 360 WIRE&CONDUIT 921/69 3,133 I ;-4z • 425 2 PUMPS 9/30/89 36,537 , • •.;,•. , �' 427 426 (TESTING&ENGINEERING CH 9/30189 97,903 t ' 431 ELECTRICAL '• •7/30/89 3,627 t. 4 130117'1 '�:• 434 PUMP 9/3018) 1l,541 '435 CAT DIZS L ENGINE 9/30/89 �.•• 19,8 7 I , I ' • 436 COMPRESSOR SKID 9130189 .3,421 `+ 471 PIPE TO PIVOTS I/31/90 4,130 472 I 524 IRRIGATION ION PIVOT SYS 1113 3/310 670}4 r ..,. ' 525 IRRIGATION PIVOT SYS it I4 3/31/90 42,936 J.,- 554 IT ENGINEERING CHARGES 4/30/90 I 'I. • 609 L1ACKFLOW PRGVCNTOR EHT- 6/30/90 J{898 J , 6!0 PIPE EHT-2 6/31/'10 35,085 i :..3{ • � (11 PUMP EHT-2 5/30/90 3,952 r • Sc�: 612 ELECTRICAL ENT-2 6/30/90 10,450 ' "•^ 613 PUMP STATION EHT-2 630190 15629, , • =' • 614 PUMP House EHT-2 6/301190 18,756 r S• 615 EHT-2 AERATION '6/30/90 90,702_• P:-.':,. (iIb BLOWER ATFIIT-z 6/30410 49.112 4 I 7 CAT ENGINE EHT-2 6/3!/90 21,439 i 618 PIVOT IRRIG SYSTEM 813 6/30/90 44,747 • �`-T.,. 619 PIVOT IRRIG SYSTEM 416 6/30190 61,129 1 r•• 620 PIVOT IRRIG SYSTEM P17 6/30/90 42,280 621 PIVOT IRR1G SYSTEM 4 I 8 6/30/90 54,921 ' ')..'-'4"‘.i 671 PIVOT 022 • 9/30/90 64,560'1 . i 672 PIVOT 821 . 9130/90 51.159 . 673 PIVOT 1120 • Y 674 PIVOT p1�J 9/30!'1007 t 880 CATERPILLAR ENGINE 0/28/91 18,702 , ' • r 906 IRR1G SYSTEM 123 8/31(31 91,550 '. r, 907 IKRIG SYSTEM#24 8/31/91 91,688 I:::: 908 IKK1G SYSTEM 925 8/31/91 91,795 1 109 IRRIG SYSTEM/126 8/31191 74,588 : . 928 IRRIGIIVOTN27 11/30/91 111,015 ; : . ' t 929 IRRIG PIVOT P28 • 31/30/'91 150,297 • ./H1 930 IRRIG PiVOT829 11/30/91 120,147 • • Y :0 947 I30GSTGR PUMP 1 18 12/15/91 ' 46,259 1 i - --948 BOOSTER PUMP 64 7 12/15/91 23,475 r . 974 PLUM CREEK FILTER 4/17/02 1,474= '- . - 975 TEST • . . • . . . .; . - WELL FOH W4 429/'!2 1,871 • 4 976 I/RS1•1 WTR ATEIIT-2 5/31 92 2,660 r •• }1 981 1300S'IE t AT 18 5/28/92 1,115 r . 1007 REBUILD ENGINE 11435 1/22/01 10,000 • ' ' 1560 REP CIRCUIT BOARD EMT-4 5/31/99 2,614 • I`�`",a. 1572 AIR JAMMERS IN FITT 6/30/99 40,13D I + • 1641 ADD'L PIPELINE 2112196 41,877 ? i.I /685 PRESSURE GUAGES 8/05/90 1,273 I , 1882 REWIND MOTOR @ WELL 14 8'27/99 4.996 l ; 2039 REP CAT ENGN/I880 3/01/98 15,855 1 4 i ' ' 30505 REBUILD CAT ENGN 10/30/95 • 6,486 1 • 30681 IRRIGATION SYSTEM 6/15/88 106,709 I r • 1 ., 30682 IRRIGATION SPRINKLER 0/15188 • 2S�97 1 3GGE3 IRRIGATION PUMPS 1315/88 24.[,24 t ' F 30684 IRRIGATION SPRINKt...EH 0/13188 39,096 ~ r 3068$ IRRIGATION SPRINKLER 6/15!88 16.800 • • 306861 - IRRIGATION SPRINKLER WI S/813' 17,500 ' "'` .. 30687 IRRIGATION SPRINKLER 0/15188 30,9Q9 4' =` •••• 30688 UNDERGROUND IRRIGATION 6115/88 184,877 ' • 30689 IRRIGA'T'ION SPRINKLER 6115188 r 30690 IRRIGATION SPRINKLER 6/15/88 2,000 i.• 30691 IRRIGATION WELL&PUMP 6/15/88 500 I, ' 30692 IRRIGATION WELL&PUMP 6115/88 7,000 l ' ' Vii' 30693 IRRIGATION WELL&PUMP 6115/88 7,000 30694 IRRIGATION WELL&PUMP Gil 938 7,500 ' .I/ ' 30695 IRRIGATION wELi,do PUMP 5/15!88t.--• • Z ' 30696 WELL HOUSE tit ' 15,000 30097 IRRIG SPRINKLER SYSTEM 6121,89 00. 8,500 t '` 30698 WELL HOUSE?Ill 16/21/89 800 EXPIBIT C 30699 SEPARATOR 41 EQUIPMENT 8/31/88 ' 30700 83,329 h•',•' EFIT-1 EQUIPMENT inI3N89 1,527 I 30701 PLUMEING SEPARATOR BLDG 10/31/89 6,814 I - 30702 SEPARATOR 112 EQUIPMENT 10/31/89 - 72,09 e. • 30703 PIVOTS 9-12 ' ' y� 30704 SEPARATOR 113 EQUIPMENT 3/31/90 174,,339 i ' • I/ 30705 SEPARATOR t0/EQUIPMENT 8131(10 71,071 I • ; • 30705 WELL/14&PIPELINE tantt'c 214112 I - 1 _ 111111i 11111111111111111111111111 111111111111111 III 1111 • 3052787 04/16/2003 02:19P Weld County, CO 12 of 13 R 86.00 0 0.00 Steve Moreno Clerk& Recorder Property Description A tract of land located in the South Half of the South Half of Section 20, Township 5 North, Range 63 West of the 6th P.M., Weld County, Colorado, and being more particularly described as follows: Commencing at the West Quarter comer of said Section 20 and considering the West line of the Northwest Quarter of said Section 20 to Bear North 01°37'58" West, as monumented, and with all other bearings contained herein relative thereto; . Thence South 37°47'07" East, 2132.66 feet to the true point of beginning, said true point of beginning also being the Northeast Corner of that tract of land conveyed to the Riverside Reservoir and Land Co. by Deed recorded July 30, 1914 in Book 401, Page 237, Weld County Records, as established by the North point of an existing fence; • Thence South 87°06'14"East, 807.25 Feet; Thence North 79°13'57"East,361.30 Feet; Thence South 86°05'18"East, 507.27 Feet; Thence South 76°36'15" East; 135.96 Feet; Thence South 00°58'57" West, 867.34 feet to a point on the South line of the Southeast Quarter of said Section 20; Thence South 89°51'11" West, 136.38 Feet along said South line; Thence North 79°00'16"West, 496.45 Feet; Thence South 85°19'10"West, 376.36 Feet; Thence North 55°01'07"West, 418.43 Feet; Thence North 64°58'55" West, 459.82 Feet; Thence North 03°40'57"West, 409.47 Feet to the true point of beginning. Said tract of land contains 30.0000 acres, more or less, and is subject to any rights-of-ways or other easements as granted or reserved by instruments of record or as now existing on said tract of land. • EXHIBIT D 1111111111 11111111111111111111 1LIIII LII 1111111111111 3052787 04116/2003 02:19P Weld County, CO 13 of 13 li 66.00 0 0.00 Steve Moreno Clerk&Recorder EXHIBIT E All of that real property conveyed by Grantor by Quit Claim Deed dated April 11, 1996, recorded April 15, 1996, in Book 1542, Page 516, Reception No. 2485841 of the of the Clerk and Recorder's Office, Weld County, Colorado. EXHIBIT E 111111111111111111111111111 1111111111111111111111111111 2985198 09/06/2002 10:25A Weld County, CO 1 of 10 ft 51.00 D 1589.50 J.A. "Suki" Tsukamoto 10 WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS NATIONAL HOG FARMS, INC., a Colorado corporation, having a mailing address of 1600 Genessee, Kansas City, Missouri 64102 (the"Grantor"), in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration in hand paid, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell, convey and assign unto P. DAVID PERKINS xKcU I$ ltkot lAVA&l I£i≤ rkvIxRx ljti~[ C severally"Grantee"), having a mailing address of 1514 Main Street, Unionville, Missouri 63565, all of the Grantor's right, title and interest in and to the real property situated in Weld County, State of Colorado, described at Exhibit "A" attached as a part hereof (the "Property"), together with all improvements thereon and all water rights, easements, rights-of-way, licenses, privileges, interests, rights, hereditaments and appurtenances, if any, inuring to the benefit of the Property including, without implied limitation, all abutter's rights, title to all land underlying roadways adjacent to the It Property and rights, title and interest in all public streets,private streets,roads, avenues, alleys or 1J passageways, vacated, opened or proposed, adjoining or abutting the Property and warrants title to the same. GRANTEE ACKNOWLEDGES AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SALE OF THE PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN "AS IS AND WHERE IS" CONDITION AND BASIS WITH ALL FAULTS. Grantee acknowledges that: (i) the property in question has been the site of a Housed Commercial Swine Feeding Operation subject to the provisions of Colorado's ballot Amendment 14 and regulations promulgated thereunder, and (ii) Grantor is currently negotiating a Compliance Order on Consent with the Colorado Department of Public Health and Environment (CDPHE) to resolve an outstanding Notice of Violation (NOV). Grantee agrees that he shall not interfere, in any manner, with Grantor's finalization of such Order and Grantor's fulfillment of obligations arising either under such Order or any other final administrative or judicial determination issued as a consequence of the NOV. Grantee specifically agrees to provide Grantor and its agents with access to the property for soils and groundwater testing, phytoremediation, or the conduct of any other actions as may be required under such Order or determination. Grantor reserves such easements and rights of way necessary to comply with the directives of CDPHE. TO HAVE AND TO HOLD the Property unto the Grantee, and the Grantee's successors and assigns, forever free, subject to all easements, rights-of-way, restrictions, oil, gas and mineral leases and interests,exceptions, reservations, and encumbrances of whatsoever nature. NATIONAL HOG FARMS, INC., a Colorado corporation / /7 By _/.�,, .tn.-nL k y ./(if. President / I (the"Grantor") Warranty Deed-National Hog Farms.DOC 1111111111111111111 III 11111111111 IIIIII 111 111111111 IIII 2985198 09/08/2002 10:25A Weld County, CO 2 of 10 R 51.00 0 1589.50 J.A. "Suki"Tsukamoto ACKNOWLEDGMENT STATE OF MISSOURI ) _ ) ss. COUNTY OF., fla ) Before me, a notary public in and for this state, on this 26th day of August, 2002, personally appeared Stanley Jay Weber, known to be the identical person who subscribed the name of National Flog Farms, Inc., a Colorado corporation, to the foregoing instrument as its President, and acknowledged to me that he executed the same as his free and voluntary act and deed, and as the free and voluntary act and deed of the corporation for the uses and purposes therein set forth. " NOTARY SEAL" Marsha Lea Brewer,Notary Public Dk)04 i1s Jackson County,State of Missouri Public My Commission Expires 9/18/2004 ary My commission expires: q/iSEV2.004 Warranty Deed-National Hog Farms.DOC -2- I 111111 11111 DIIIII II VIII 111111 III 111111111111 III 2985198 09!06/2002 10:25A Weld County, CO 3 of 10 R 51.00 D 1589.50 J.A. "Suki" Tsukamota EXHIBIT "A" WARRANTY DEED GRANTOR: NATIONAL HOG FARMS, INC. GRANTEE: P. DAVID PERKINS AND PERKINS LAND AND LIVESTOCK, L.L.C. PARCEL 1: TOWNSHIP 4 NORTH, RANGE 62 WEST OF THE 6TH P .M. Section 3 : NW1/4 section 5 : All section 7 : All , EXCEPT a strip of land 100 feet wide, being 50 feet on each side of center of track of Colorado Central Railroad Company in the SE1/4SW1/4 of said Section 7 as conveyed to said company in Deed recorded in Book 50 at Page 586 . Section 17 : N1/2N1/2, S1/2NE1/4 Section 18 : N1/2N1/2 TOGETHER WITH a right of way over, upon and across the surface of a strip of land for ditch purposes 50 feet in width, 20 feet on the North side and 30 feet on the South side of the following described line through Section 8 in said township and range: Beginning at point on the west boundary of section whence the West quarter corner bears North 290 feet; thence North 52 degrees 22 minutes East 155 feet; thence South 62 degrees 53 minutes East 390 feet; thence South 50 degrees 52 minutes East 175 feet; thence South 28 degrees 30 minutes East 200 feet; thence South 47 degrees 21 minutes East 363 feet; thence South 58 .degrees 13 minutes East 360 feet; thence South 67 degrees 10 minutes East 185 feet; thence South BO degrees 13 minutes East 190 feet; thence North 21 degrees 09 minutes cast 180 feet; thence North 67 degrees 29 minutes East 240 feet; thence South 57 degrees 37 minutes East 395 feet; thence South 83 degrees 40 minutes East 360 feet; thence South 32 degrees 24 minutes East 560 feet; thence South 42 degrees 15 minutes East 365 feet; thence South 27 degrees 54 minutes East 350 feet; thence South 13 degrees 46 minutes East 287 feet to a point on the South boundary of said Section whence the South quarter corner bears South 89 degrees 53 minutes West 755 feet; and also TOGETHER WITH a right of way over, upon and across the surface of a strip of land for ditch purposes 50 feet in width, 20 feet on the North side and 30 feet on the South side of the following described line in the SW1/4 of the SW1/4 of Section 6 in said township and range: beginning at a point on the West boundary of said subdivision whence the Southwest corner of said section bears South 250 feet; thence South 50 degrees 54 minutes East to a point on the South boundary of said section whence the Southwest corner bears West 310 feet ; EXHIBIT "A", Page 1 I IN rr��r11rri1rIiirriirirl �rrl 2985198 09/06/2002 10:25A Weld County, CO 4 of 10 R 51.00 D 1589.50 J,A, "Suki" Tsukamoto EXHIBIT "A" WARRANTY DEED GRANTOR: NATIONAL HOG FARMS, INC. GRANTEE: P. DAVID PERKINS AND PERKINS LAND AND LIVESTOCK, L.L.C. said rights of way being those granted to Meadow Farms Company by the State of Colorado in Deed recorded in Book 655 at Page 476. TOWNSHIP 5 NORTH, RANGE 62 WEST OF THE 6TH P.M. Section 3 : W1/221/2 Section 15: W1/2E1/2 , W1/2 Section 17: All Section 18 : All Section 19: All Section 20 : All Section 21: All Section 29: All Section 31: All Section 33 : All TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M. Section 1 : All Section 2: All, EXCEPT a strip of land through the S1/2SW1/4 and NW1/4SE1/4 and NE1/4SW1/4 thereof, 100 feet in width, being 50 feet on either side of the center of the road of the Colorado Central Railroad Company as conveyed to said company in Deed recorded in Book 30 at Page 200; and EXCEPT a strip of land through the S1/25E1/4 of said Section 2, 100 feet wide, being 50 feet on either side of the center line of the road of the Colorado Central Railroad Company as conveyed to said Company in Deed recorded in Book 69 at Page 132. Section 3 : ALL, EXCEPT a strip of land 100 feet wide, being 5o feet on each side of center of track of Colorado Central Railroad Company in the NE1/4 of said Section 3 as conveyed to said company in Deed recorded in Book 50 at Page 586; and EXCEPT a strip of land 200 feet wide on each side of the center line of the railroad of the Union Pacific Railroad Company, as reserved by said Company in Warranty Deed to the NE1/4 of said Section 3 recorded in Book 201 at Page 52; and EXCEPT that part of NW1/4 of said Section 3 conveyed to Rose Park in Quit Claim Deed recorded in Book 1245 at Page 433 described as that portion of land lying and being along the West side of the N1/2 of said section formerly laid out as a county road but abandoned as such. EXCEPTING THEREFROM a parcel conveyed to Weld County by deed recorded May 26, 1995 in Book 1493 as Reception No. 2440048. Section 10 : ALL, EXCEPT that part of the NE1/4SE1/4 thereof conveyed to the State Department of Highways, Division of Highways, state EXHIBIT "A", Page 2 111111111111111111111111111111111111111 III 111I111111111 2985198 09/06/2002 10:25A Weld County, 5 of 10 R 51.00 0 1589.50 J.A. "Suks" Tsukamoto EXHIBIT "A" WARRANTY DEED GRANTOR: NATIONAL HOG FARMS, INC. GRANTEE: P. DAVID PERKINS AND PERKINS LAND AND LIVESTOCK, L.L.C. of Colorado in Special, Warranty Deed recorded in Book 1215 as Reception No. 2161552, described as follows: Beginning at a point on the East right of way line of Weld County Road 69 (July 1988) from which the East Quarter corner of said Section 10 bears North 24 degrees 08 minutes 40 seconds East a distance of 258 . 16 feet; thence North 89 degrees 10 minutes 40 seconds West 44 feet to a point on the West right of way line of Weld County Road 69; thence South 21 degrees 21 minutes 23 seconds West 222 ,37 feet; thence South 61 degrees 36 minutes 40 seconds West 57 . 28 feet to a point on the Northeast right of way line of State Highway 36 (July 1988) ; thence South 57 degrees 36 minutes East continuing along said right of way line 293 .45 feet; thence North 10 degrees 29 minutes 30 seconds west 397. 59 feet, more or less, to the Point of Beginning. Section 11: ALL, EXCEPT a strip of land 100 feet wide, being 50 feet on each side of center track of Colorado Central Railroad Company in the NE1/4 of said Section 11 as conveyed to said Company in Deed recorded in Book 50 at Page 586 . Section 12 : ALL, EXCEPT a strip of land through the NW1/48E1/4 and NE1./4SW1/4 thereof 100 feet wide, being 50 feet on either side of central line of the road of the Colorado Central Railroad Company, as conveyed to said company in Deed recorded in Book 50 at Page 387; and EXCEPT a strip of land through the W1/2NW1/4 thereof, 100 feet in width, being SO feet on either side of the center of the road of the Colorado Central Railroad Company as conveyed to said company in Deed recorded in Book 69 at Page 132; and EXCEPT that portion of the SW1/4SE1/4 thereof conveyed to The Bijou Irrigation Company in Quit Claim Deed recorded in Book 130 at Page 527, described as follows : Commencing at a point on the South line of said Section 12 at the West side of the right of way of the canal of the said Bijou Irrigation Company and 750 feet East of the quarter corner on the south line of Section 12 ; . thence along the West line of said right of way by true bearings variation 14 degrees 10 minutes East, North 37 degrees West 580 feet; thence North 53 degrees East 100 feet; thence North 29 degrees East 150 feet; thence North 23 degrees West 470 feet; thence leaving the line of said right of way and running due West 370 feet; thence South on the center line of said Section 12, 1088 EXHIBIT "A", Page 3 11111111111111111111i1111111111111111111 !I11 f11I 2985198 09/06/2002 10:25A Weld County, CO 6 of 10 R 51.00 0 1589.50 J.A. "Suki" Tsukamoto EXHIBIT "A" WARRANTY DEED GRANTOR: NATIONAL HOG FARMS, INC. GRANTEE: P. DAVID PERKINS AND PERKINS LAND AND LIVESTOCK, L.L.C. feet; thence East 750 feet to Place of Beginning. Section 13 : ALL, EXCEPT the East 976 feet thereof; and EXCEPT that part of the NW1/4 of said Section 13 conveyed to the State Department of Highways, Division of Highways , State of Colorado in Special Warranty Deed recorded in Book 959 as Reception No. 1880515, described as follows : Beginning at a point on the Northerly right of way line of State Highway 34 (April 1981) from which the Northwest corner of said Section 13 bears North 26 degrees 41 minutes 45 seconds West 2323 .3 feet; thence along the Northerly right of way line of State Highway 34 (April 1981) South 57 degrees 36 minutes East 195.1 feet; thence continuing along the Northerly right of way line of State Highway 34 (April 1981) along the arc of a curve to the left, having a radius of 2814. 8 feet, a distance of 496. 1 feet (the chord of this arc bears South 62 degrees 39 minutes East 495 .4 feet) ; thence North 22 degrees 18 minutes 15 seconds East 40 feet; thence along the arc of a curve to the right, having a radius of 2774 . 8 feet, a distance of 489 feet (the chord of this arc bears North 62 degrees 39 minutes West 488 .4 feet) ; thence North 57 degrees 36 minutes West 195 . 1 feet; thence South 32 degrees 24 minutes West 40 feet, more or less, to the Point of Beginning. Section 14 : All Section 15 : All EXCEPTING THEREFROM those portions of Sections 10, 11, 13, 14 and 15 conveyed by deed recorded November 4, 1998 as Reception No. 2651549. TOWNSHIP 5 NORTH, RANGE 63 WEST OF THE 6TH P.M. Section 9 : All Section 13 : All Section 17 : All Section 20 : S1/2, NW1/4 ; EXCEPT that portion of the S1/2SW1/4 thereof conveyed to the Riverside Reservoir and Land Company in Warranty Deed recorded in Book 403. at Page 237 , described as follows : Beginning at a point 200 feet South 87 degrees 25 minutes East of Station 0 of the right of way of the feeder ditch of The Riverside Reservoir, from whence the Northwest corner of said Section 20 bears North 03 degrees 19 minutes West 4492 feet; thence run in an Easterly direction along the Southern • EXHIBIT "A", Page 4 I I1ll 11111 HMI 11111111M 111111II 11111 ii II1 M 2985198 09(06/2002 10:25A Weld County, CO 7 of 10 R 51.00 0 1589.50 J,A. "Suki" Tsukamoto EXHIBIT "A" WARRANTY DEED GRANTOR: NATIONAL HOG FARMS, INC. GRANTEE: P. DAVID PERKINS AND PERKINS LAND AND LIVESTOCK, L.L.C. boundary of the right of way of feeder ditch 750 feet to a point on the Southern boundary of said of right of way; thence run due South 550 feet, more or less, to a point on the North bank of the South Platte River; thence run in a Northwesterly direction along the North bank of the South Platte River to the Place of Beginning. Section 21 : All Section 22 : All Section 23 ; All Section 24 : All Section 27 : E1/2 , NW1/4 , N1/2SW1/4, SE1/4SW1/4 Section 34 : E1/2, E1/2NW1/4 ; and that part of the E1/2SW1/4 described as follows ; Beginning at a point on the North line of the SW1/4 of Section 34, 1675 feet East of the Northwest corner of said SW1/4, to a point on the North line of the right of way of the Union Pacific Railroad Company; thence Southeasterly along said North line of said right of way to the East line of said SW1/4; thence North on said East line to the Northeast corner of said SW1/4 ; thence West on the North line of said 5w1/4 to the Point of Beginning. EXCEPTING THEREFROM a parcel conveyed to Weld County by deed recorded May 26, 1995 in Book 1493 as Reception No. 2440048 . Section 35: All EXCEPTING THEREFROM a parcel conveyed to Weld County by deed recorded May 26, 1995 in Book 1493 as Reception No. 2440048 . Section 36: SW1/4SW1/4, EXCEPT that part excluded from Patent from the State of Colorado in Book 132 at Page 118, described as follows : Commencing at a point 1337 feet North of the Southwest corner of Section 36, Township 5 North, Range 63 West of the 6th P.M. ; thence South 26 degrees 45 minutes East 44 feet; thence South 32 degrees 32 minutes East 199 feet; thence South 52 degrees 19 minutes East 192 feet; thence South 72 degrees 49 minutes East 296 feet ; thence South 50 degrees 20 minutes East 101 feet; thence South 28 degrees 40 minutes East 503 feet; thence South 17 degrees 50 minutes East 441 feet to a point 1007 feet East of the Southwest corner of said Section 36; being a strip of land 150 feet wide , 75 feet on each side of above described centerline . TOWN OF: All of Blocks 4 and 5, and all of Lots C and D; EXHIBIT "A", Page 5 111118 I II It 11111111 I I l I I Mill lilt l!I tllt! 1111 N t1 2985198 09/06/2002 10:25A Weld County, CO 8 of 10 R 51.00 D 1589.50 J.A. "Sukl" Tsukamoto EXHIBIT "A" WARRANTY DEED GRANTOR: NATIONAL HOG FARMS, INC. GRANTEE: P. DAVID PERKINS AND PERKINS LAND AND LIVESTOCK, L.L.C. HARDIN: TOGETHER WITH all of the vacated alley between Blocks 4 and 5 and Lot C; and all of vacated Castle Avenue between Blocks 4 and 5 and Lot C; and all of vacated Davies Avenue South of Cullen Street; and the Southeasterly half of said vacated Davies Avenue between Cullen Street and Richthofen Street adjacent to said Lot D. EXCEPTING from the applicable portions of the lands described in said Parcel 1 the following parcels conveyed to the Colorado Central Railroad Company recorded in Book 30 at Page 237, described as follows : In Section 17, Township 4 North, Range 62 West through the SE1/4NE1/4 a strip of land 60 feet. wide from the center line of the Colorado Central Railroad on each side thereof; through the NW1/4NE1/4 a strip of land 60 feet in width from the center line aforesaid and on each side thereof; through the NE1/4NW1/4 a strip of land 60 feet in width from said center line on each side thereof; through the NW1/4NW1/4 a strip of land 1OO feet in width from said center line on each side; Also, the following described tract in Section 18 , Township 4 North, Range 62 West through the N1/2NE1/4; a strip of land 13O feet wide measured from the center line aforesaid and on each side thereof; Also in Section 7, Township 4 North, Range 62 West a strip of land through the W1/2SW1/4, 150 feet wide from said center line on each side thereof; Also in Section 12, Township 4 North, Range 63 West a strip of land 150 feet wide from said center line and on each side thereof through the E1/2SE1/4. The following is a description of the center line of the Colorado Central Railroad : Beginning at a point on the East line of Section 17, Township 4 North, Range 62 West, 1396 feet South of its Northeast corner; running thence North 81 degrees 30 minutes West 573O feet to a stake; thence North 81 degrees 19 minutes West 36 feet to a stake; thence North 80 degrees 36 minutes West 100 feet to a stake; thence North 79 degrees 36 minutes West 100 feet to a stake; thence North 78 degrees 38 minutes West 100 feet to a stake; thence North 77 degrees 38 minutes West 100 feet to a stake; thence North 76 degrees 38 minutes West 100 feet to a stake; thence North 75 degrees 38 minutes West 1OO feet to a stake; thence North 74 degrees 38 minutes West 100 feet to a stake; thence North 73 degrees 38 minutes West 100 feet to a stake; thence North 72 degrees 38 minutes West 100 feet to a stake; EXHIBIT "A", Page 6 1111 11111111111111111111111111111111111 Ill 1111111111111 2985198 09/06/2002 10:25A Weid Caunry, CO 9 of 10 R 51.00 d 1569.50 J.A. "Suki" Tsukamoio EXHIBIT "A" WARRANTY DEED GRANTOR: NATIONAL HOG FARMS, INC. GRANTEE: P. DAVID PERKINS AND PERKINS LAND AND LIVESTOCK, L.L.C. thence North 71 degrees 38 minutes West 100 feet to a stake; thence North 70 degrees 38 minutes West 100 feet to a stake; thence North 69 degrees 38 minutes West 100 feet to a stake; thence North 68 degrees 38 minutes West 100 feet to a stake; thence North 67 degrees 38 minutes West 100 feet to a stake; thence North 66 degrees 38 minutes West 100 feet to a stake; thence North 65 degrees 38 minutes West 100 feet to a stake; thence North 64 degrees 53 minutes West 50 feet to a stake; thence North 64 degrees 38 minutes West 4962 feet to a stake at the edge of the Platte River, which stake is 1278 feet West and 768 feet South of the quarter corner on the West line of Section 7, Township 4 North, Range 62 West . The line thus described crosses the section and subdivisions! lines as follows, viz: The North and South center line of Section 17 at point 1041 feet South of the quarter corner on its North line. The West line of Section 17 at a point 682 feet South of the Northwest corner, The North line of Section 18 at a point 313 feet East of the quarter corner of said line. The North and South center line .of Section 7 at a point 145 feet North of the quarter corner on its section line . The West line of Section 7 at a point 1361 feet South of the quarter corner on its West line. EXCEPTING from the applicable portions of the lands described in said Parcel 1 the following parcel : A tract of land located in the E1/2 of Section 34, and the W1/2 of Section 35, all in Township 5 North, Range 63 West of the 6th F.M. , County of Weld, State of Colorado, and being more particularly described as follows : Commencing at the East Quarter corner of Section 34 and considering the East line of said Section 34 to bear South 00 degrees 00 minutes 36 seconds East and with all other bearings contained herein being relative thereto; thence South 00 degrees 00 minutes 36 seconds East, 36. 00 feet along said East line to the True Point of Beginning; thence South 86 degrees 09 minutes 00 seconds West, 711. 00 feet; thence North 63 degrees 01 minutes 00 seconds West, 339 .00 feet; thence South 86 degrees 35 minutes 00 seconds West, 86.00 feet; thence North 29 degrees 35 minutes 00 seconds West, 52 . 00 feet; EXHIBIT "A", Page 7 111111 11111 IIIIIII III IIlII 111111 111111 III IIIIII III III! 2985198 09/06/2002 10:25A Weld County, CO 10 of 10 R 51.00 D 1589.50 J.A. "Suki"Tsukamoto EXHIBIT"A" WARRANTY DEED GRANTOR: NATIONAL HOG FARMS,INC. GRANTEE: P. DAVID PERKINS AND PERKINS LAND LIVESTOCK,L.L.C. thence North 72 degrees 23 minutes 00 seconds West, 112.00 feet; thence North 79 degrees 25 minutes 00 seconds West, 99.00 feet; thence North 00 degrees 00 minutes 00 seconds East, 318.00 feet; thence North 28 degrees 47 minutes 00 seconds West, 80.00 feet; thence North 16 degrees 07 minutes 17 seconds West, 70.99 feet; thence North 28 degrees 28 minutes 58 seconds West,264.49 feet; thence North 84 degrees 44 minutes 34 seconds East, 506.83 feet; thence South 74 degrees 52 minutes 13 seconds East, 1042.77 feet to a point on said East line of Section 34; thence South 74 degrees 52 minutes 13 seconds East, 31.08 feet; thence South 00 degrees 00 minutes 36 seconds East, 651.18 feet; thence South 86 degrees 09 minutes 00 seconds West,30.07 Feet to the True Point of Beginning. SAVE AND EXCEPT: Thirty (30)acres, more or less, from Section 20-5-63, as more particularly described in that certain Agreement by and between National Hog Farms, Inc. and Riverside Irrigation District recorded December 30, 1993 in Book 1419 as Reception No. 2366727. ALL OF SUBJECT PROPERTY LOCATED IN COUNTY OF WELD, STATE OF COLORADO EXHIBIT"A",Page 8 B 1199 REC 02145184 06/17/88 16:01 $54.00 1/018 F 1655 MARY ANN FEt7ERSTEIN CLERK & RECORDER WELD CO, Co AR2145184 RE No. 11283 11625 SPECIAL WARRANTY DEED THE TRAVELERS INSURANCE COMPANY, whose principal place of business is One Tower Square, Hartford, Connecticut, and whose address for purpose of notice hereunder is Post Office Box 8161, 2121 North California Boulevard, Suite 1000, Walnut Creek, S California 94596-8161 ("Grantor"), for and in consideration of $4,400,000.00 in hand paid, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto National Hog Farms, Inc. , whose address is 4800 Main Street, Suite 246, Kansas City, HO 64112 ("Grantee"), its successors and assigns forever, all the real property, together with the improvements, if any, situate, lying and being in the County of Weld State of Colorado (the "Property") , and as described on Exhibit A attached hereto and incorporated herein. TOGETHER WITH all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all of the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the Property. EXCEPT, specifically excluded from this conveyance are any and all mineral rights and interests of the Grantor which shall be reserved by the said Grantor. TO HAVE AND TO HOLD the said Property above bargained and ro described with the appurtenances , unto the Grantee, its o. successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant and decree that it will WARRANT AND FOREVER DEFEND the Property in the quiet and peaceful possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor, subject to those items described on Exhibit B, attached hereto and incorporated herein. IN WITNESS WHEREOF, the Grantor has caused its corporate name to be hereunto subscribed by its Regional Vice President, and its corporate seal to be hereunto affixed, attest ed by its Assistant Secretary on this 6th day of 1988. GRANTOR: ocvm THE TRAVELERS INSURANCE COMPANY, Store enlary Fee a Connect' corporation .'�t =a ;• Dote 6O �N •' S By: •-- • , r T Emil mitt ,RegiB v,1 Vice,l'resident [NAME] [TI 12F§ 3':. [SEAL] ATTEST: By. Neil Hamilton Assistant Secretary - 1 - • B 1199 REC 02145184 06/17/88 16:01 $54.00 2/018 F 1656 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO STATE OF CALIFORNIA ) ss. COUNTY OF CONTRA COSTA • ) The foregoing instrument was acknowledged before me by Emil A. Schmitt as the Regional Vice President of The Travelers Insurance Company, a Connecticut corporation, this 6th day of JUNE , 1988. Witness my hand and official seal. My Commission expires: 3 -/- ?/ �� OFFICIAL 5FAL DONNA HANSC!ir" ? g)-frIA-4-1-4--) 146-4(.44•141.44-1 1'f^' NOTARY PLgJC•CMJ Notary Public • •. Fjctit=Main 1.1691 • • • • • • • • 71166 A-SWDNF B 1199 REC 02145184 06/17/88 16:01 $54.00 3/018 F 1657 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO EXHIBIT A PARCEL I: The following properties are all located in Township 4 North, Range 62 West of the 6th P.H., Weld County, Colorado: Section 3: NW 1/4 Section 5: All Section 7: All Section 17: N 1/2 N 1/2 and the S 1/2 NE 1/4 Section 18: N 1/2 N 1/2 PARCEL II: The following properties are all located in Township 4 North, Range 63 West of the 6th P.H., Weld County, Colorado: Section 1: All Adopting the dividing line between Sections 2 and 3, and 10 and 11, all in Township 4 North, Range 63 West of the 6th P.N., Weld County, Colorado, as being the center of the established county road running North and South near or between the said Sections: Section 2: All that part lying North and East of the right of way of The Union Pacific Railroad Company and all that part lying South and West of the right of way of The Union Pacific Railroad Company. Section 3: All Section 10: All Section 11: All Section 12: All; TOGETHER with a non—exclusive right of way for a roadway for ingress and egress to lands above described lying North of the right of way of The Union Pacific Railroad Company in Section 2, Township 4 North, Range 63 West of the 6th P.H., Weld County, Colorado, said right of way more particularly described as follows: Commencing at the intersection of the West line of said Section 2 and the right of way of The Union Pacific Railroad Company; thence running Southeasterly along the Southerly line of The Union Pacific Railroad Company right of way, using the private access farm road there located, to a point where there is an established crossing, over and across the railroad tracks of The Union Pacific Railroad Company, a distance of one—half mile, more or less; EXCEPT 13 acres lying North and East of The Empire Canal as described in Deeds recorded March 29, 1900 in Book 130 at Page 348, and May 27, 1901 in Book 130 at Page 527, described as follows: Commencing at a point on the South line of said Section 12 at the West side of the right of way of the canal of the party of the second part and 750 feet East of the quarter corner on the South line of Section 12; thence along the West line of said right of way by true bearings, variation 14°10' East, North 37° West, 580 feet; thence North 53° East, 100 feet, thence North 29° East, 150 feet; thence North 23° West, 470 feet; thence leaving the line of said right of way and running due West, 370 feet; thence South on the center line of said Section 12, 1088 feet; thence East 750 feet to the place of beginning. Section 13: All, EXCEPT the East 976 feet of said Section as described in deeds recorded in Book 401 at Page 516 and Book 796 at Page 283; also EXCEPT that portion conveyed for public highway by peed recorded March 3, 1927 in Book 814 at Page 379, described as follows: A strip of ground 100 feet wide, it being 50 feet on each side of the following described center line: Beginning at a point on the West line of said Section 13, from whence the NW corner of said Section 13 bears North 00°02' East, a distance of 1387 feet, more or less; thence South 57°36' East, a distance of 1352.5 feet, more or less; thence on a 2° curve left, whose radius is 2865 feet, a distance of 768.3 feet, more or less; thence South 72°58' East, a distance of 1942.5 feet, more or less; thence South 72°58' East, a distance of 200 feet, more or less; comprising a strip of ground 200 feet wide, it being 150 feet wide an right side, and 50 feet wide on left side of the center line of State Road No. 2; thence South 72°58' East, a distance of 200 feet, more or less, comprising a strip of ground 200 feet wide, it being 50 feet wide on right side and 150 feet wide on left side of the center line of State Road No. 2; thence South 72°58' East, a distance of 292.3 feet, more or less, comprising a strip of ground 100 feet wide, it being 50 feet on each side of the above described center line, to a point within said Section 13, from whence the SE corner of said Section 13 bears South 25°43' East, a distance of 2309.3 feet, more or 71166 A-SWDNF2 B 1199 REC 02145184 06/17/88 16:01 $54.00 4/018 • F 1658 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO less; also EXCEPTING therefrom that portion deeded to the State Department of Highways by Deed recorded January 21, 1982 in Book 959 as Reception No. 1880515, described as follows: Beginning at a point on the northerly right of way line of State Highway 34 (April 1981), from which the NW corner of said Section 13 bears North 26°41'45" West, a distance of 2323.3 feet; thence along the Northerly right of way line of State Highway 34 (April 1981), South 57°36'00" East, a distance of 195.1 feet; thence continuing along the Northerly right of way line of State Highway 34 (April 1981), along the arc of a curve to the left, having a radius of 2814.8 feet, a distance of 496.1 feet (the chord of this arc bears South 62°39'00" East, a distance of 495.4 feet); thence North 22°18'15" East, a distance of 40.0 feet; thence along the arc of a curve to the right, having a radius of 2774.8 feet, a distance of 489.0 feet (the chord of this arc bears North 62'39'00" West, a distance of 488.4 feet); thence North 57°36'00" West, a distance of 195.1 feet; thence South 32°24'00" West, a distance of 40.0 feet, more or less, to the point of beginning. Section 14: All, except that portion conveyed for public highway by Deed recorded March 3, 1927 in Book 814 at Page 373, described as follows: A strip of ground 100 feet wide, it being 50 feet on each side of the following described center line: Beginning at a point on the North line of the NE 1/4 of said Section 14, from whence the NE corner of said Section 14 bears South 89°58' East, a distance of 2174.5 feet, more or less; thence South 57°36' East, a distance of 2578.7 feet, more or less, to a point on the East line of said Section 14, from whence the NE corner of said Section 14 bears North 00°02' East, a distance of 1387 feet, more or less. Section 15: All PARCEL III: The following properties are all located in Township 5 North, Range 63 West of the 6th Y.M., Weld County, Colorado: Section 13: All Section 22: All Section 23: All Section 24: All Section 25: All Section 27: All, except the SW 1/4 of the SW 1/4. Section 34: Thee1/2 and E1/2NW 1/4 and all that part of the SW 1/4 described as follows: Beginning at a point on the North line of said SW 1/4, 1675 feet East of the NW Corner; thence running Southeasterly, parallel with the East line of said SW 1/4, to a point on the North line of the right of way of The Union Pacific Railroad Company; thence Southeasterly along said North line of said Right of way to the East line of said SW 1/4; thence North on said East line to the NE corner of said SW 1/4; thence West on the North line of said SW • 1/4 to the Point of Beginning. Section 35: All Section 36: SW 1/4 SW 1/4 except that portion conveyed to South Platte Land Reservoir and Irrigation Company by deed recorded March 6, 1907 in Book 228 at Page 14, described as follows: Commencing at a point 1337 feet North of the Southwest Corner of said Section 36, thence South 26°45' East 44 feet; thence South 32°32' East 199 feet; thence South 52°19' East 192 feet; thence South 72°49' East 296 feet; thence South 50°20' East 101 feet; thence South 28°40' East 503 feet; thence South 17°50' East 441 feet to a point 1007 feet East of the Southwest Corner of said section, being a strip of land 150 feet wide, 75 feet on East side of above described center line. PARCEL IV: The following properties are all located in Township 5 North, Range 62 West of the 6th P.H., Weld County, Colorado: Section 3: W 1/2 E 1/2 Section 15: W 1/2 E 1/2 and the W 1/2 Section 17: All Section 18: All Section 19: All Section 20: All Section 21: All Section 29: All Section 31: All ,Section 33: All 'PARCEL V: TOGETHER WITH the following Easements over; That certain tract of land being 50 feet in width through Section 8 in Township 4 North, hnnne 6? West of the 6th P.N., Weld Court..., rnlorndo, and B 1199 REC 02145184 06/17/88 16:01 $54.00 5/018 F 1659 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO that certain tract of land being 50 feet in width through the SW 1/4 of the SW 1/4 of Section 6 in said Township and Range, said two tracts containing 5.92 acres, more or less, and being described in that certain right of way deed from the State of Colorado, dated January 18, 1918, to Meadow Farms Company. That certain tract of land, being 50 feet in width conveyed by Quit Claim Deed from C.W. Beggs and others, recorded on August 23, 1918 in Book 479 at Page 353, described as follows: A tract of land 50 feet wide, extending 25 feet to the left or North side and 25 feet to the right or South side of the following described center line to wit: Beginning at a point on the right bank of the Riverside Canal which point is the center of the head gate at the point of diversion of The Brooks Land and Cattle Company's Ditch from the said Riverside Canal, from which said point the Southeast Corner of said Section 21, Township 5 North, Range 63 West of the 6th P.H., Weld County, Colorado, bears South 86°01' East a distance of 4385 feet, more or less; thence from said initial point on the bank of the Riverside Canal, South 00°56' East a distance of 45 feet, more or less, to a point on the South boundary of the Riverside Canal right—of—way; thence continuing South 00°56' East a distance of 35 feet, more or less, to a point; thence South 66°09' East a distance of 535 feet, more or less, to a point on the South line of said Section 21, which point is located a distance of 3885 feet, more or less, North 89°53' West along the South line of said Section 21 from the Southeast corner of said Section. PARCEL VI: All of Blocks 4 and 5 and all of Lots C and D, Town of Hardin, Weld County, Colorado, together with certain alleys and streets conveyed co present owners by Quit Claim Deed recorded March 5, 1976 in Book 761 as Reception No. 1682791, described as follows: All of the vacated alley between Blocks 4 and 5 and Lot C, and all of vacated Castle Avenue between Blocks 4 and 5 and Lot C, all of Davies Avenue South of Cullen Street and 1/2 of Davies Avenue between Cullen Street and Richthofen Street adjacent to Lot D. • B 1199 REC 02145184 06/17/88 16:01 $54.00 6/018 F 1660 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT B 1. Rights or claims of parties-in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, r right to a furnished, imposed by law fand not shownen, for by the lor or material heretofore or hereafter public records, 5. Taxes or special assessments which are not shown as existing liens by the public records. 6. Taxes for the year 1988, a lien, but not yet due or payable. uding but 7. Rights of way d eaements AS roads, ditchesa,n pipes lines, power wlinesb,ltelephone lines and estaished and used, reservoirs. not limited to reservoirs 8. Right of way for COUNTY ROADS 30 feet wide on either side of section and township lines as established by RiR OF THE B OFCOUATY COMMISSIONERS FOR WELD COUNTY, recorded OCTOBER 14, 1889 in BOOK 86 B PAGE 273. TH, N AND S 9. Reservation THETACTSIOFT OF WAY CONGRESSFIN RELATIONR SAID LWAY IN THERETO,�AFFECTI NGIPART OFRSECTIONS 7 AND 17, TOWNSHIP 4 NORTH, RANGE 62 WEST OF THE 6TH P.M. as contained in instrument from JOHN EVANS, TRUSTEE OF THE DENVER PACIFIC RAILWAY AND LEG TELEGRAPH AH interests COMPANY otDANIiL, EL WITTER recorded AUGUST 10, 1874 in BOOK 10 at PAGE 568, assignments, or conveyances thereof. AS lA• Reservation of THE RIGHT OF WAY FOR SAID RAILWAY IN WIDTH, AND IN MANNER AND FORM PROVIDED BY THE ACTS OF CONGRESS, AFFECTING THE SW 1/4 OF SECTION 35, TOWNSHIP 5 NORTH, RANGE 63 WEST OF THE 6TH P.M. as contained in instrument from JOHN EVANS, TRUSTEE OF THE DENVER PACIFIC RAILWAY AND TELEGRAPH OMPA intorEU to EUGENE EhBRUCE LEMON recorded NOVEMBER 9, 1875 in BOOK 12 at PAGE 341, and anyassignments, or conveyances thereof. L ITR by L1• Right FEBRUARYI28, 1876RRIGATIONinIBOOKp12patePAGE 420n,t said tight EofWway being SIX instrument DTCHFEET WIDE ON THE BOTTOM THROUGH THE SE 1/4 OF SECTION 35, TOWNSHIP 5 NORTH, RANGE 63 WEST OF THE 6TE P.M., THE EXACT LOCATION OF WHICH IS NOT SPECIFICALLY DEFINED. NOTE: Said Deed states that if at n time the first thetditch is permanently abandoned it NOTE revert back to the party of the 12. Right of way for RAILROAD purposes as granted to COLORADO CENTRAL RAILROAD COMPANY by instrument recorded JULY 19, 18 IN TOWNSHIP 4 NORT 1881 30 at PE OF RANGE 62 WEST 23 said right OFfTHE 6TH P.M. being THROUGH SECTIONS 7, 17, AND • AND THROUGH SECTION 12, TOWNSHIP 4 NORTH OF RANGE 63 WEST OF THE 6TH P.M. R AND FORM AS 13. Reservation of THE RIGHT OF WAY FOR SAID RAILWAY IN WIDTH, AND IN PROVIDED BY TEE ACTS OF CONGRESS IN RELATION THERETO, AFFECTING T MANNE HE SE 1/4 OF SECTION 35, TOWNSHIP 5 NORTH, RANGE 63 WEST OF THE 6TH P.K. as contained in instrument from JOHN EVANS, TRUSTEE OF THE DENVER PACIFIC RAILWAY AND TELEGRAPH COMPANY recorded JUNE 25, 1877 in BOOK 22 at PAGE 100, and any interests therein, assignments, or conveyances thereof. 71166 A-SWDNF2 9 B 1199 REC 02145184 06/17/88 16:01 $54.00 7/018 .. . F 1661 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO CH SIDE R 14. THEtRAILROAD land TRACKFOR asl conveyed WAY to COLORADO CENTRAL RAILROADET WIDE, 50 FEET ON ECOMPANY byFDeeed recordedF 27, SW81/41nofRSectionOOK 30a2,tPTownshAGE iip 4(Affecting North, Rangee63 West8W ofl the 6thIP.M ) 1/4 and iht of way for MER IS• recorded APRIL 25, 1885TinM DITCH BOOK46patp granted FRITZ 460, saidright of2 way Ebeing Ay instrument 25FOO RIGHT OF WAY RUNNING IN AN EASTERLY COURSE ALONG OR NEAR THE NORTH LINE OF THE NE 1/4 OF SECTON 10 AD IN AN SECTIONI2, BOTHMIN TOWNSHIP T4R NORTH LY HOFE RANGE G63R WEST ROFHTHE 6TH P.M.E SOUTH LINE OF THE SW 1/4 OF R OF H RAILROAD 16. TRACKias conveyed FEETtto COLORADO CENTRAL TRAILROAD COMPANY byE UNION E E ON EACH SIE OF PACIFICRAILROAD COMPANY by Deed recorded May 22, 1866 in HOOK 50 at PAGE 586. AFFECTING SE 1/4 SW 1/4 T OF THE 6TH NE 1/4 SECTIONI3MAND NEW 1/4I SECTIONTTI, TOWNSHIP"4 S NORTH, RANGE 63M WEST OF AFFECTING THE 6TH P.M. IDE OF THE TER OP AILROAD TRACKS 17. TH strip ROUGH oTfHELSad 10n1/20 SEF1/4 OFD SECTIONE2EET WIE, 50 FETAND THON EAE WS1/2 NW 1/4 OFN SECTION R12 IN TOWNSHIP 4 NO NORTH,T ,RRANGE GEr63d ESTcO 1 T FTH1887EBOOK69atPAGE132. .M conveyed LO�O CENTRAL RAILROAD COMPANY R THE A as yed to 18. RESERVOIRP AND lanCANAL COMPANYFby Deed Orecorded October020, 1891Nin BOOK 76eat BIJOU WAY FEET IN WITH PAGE 417. AFFECTING SECTION 12, TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M. h gh Township 4 19. North,gRange 62nWestcof then 6th P.M. ase conveyed itot The u c 5, SouthPlatteLand Reservoir and Irrigation Company by deed recorded April 20, 1904 in Book 208 at Page 545. 20. A strip of land 50 FEET IN WIDTH OFF THE ENTIRE SOUTH SIDE OF THE SE 1/4 OF SECTION 26 AND 25, TOWNSHIP 5 NORTH, RANGE 63 WEST OF 34, TOWNSHIP 5 NORTH, RANGE 63 WEST OF THE 6TH P.M.; ALSO A STRIP OF LAND 50 FEET WIDTH LYING BETWEEN SECTIONS 34 AND 35, THE 6TH P.M., THE SAME BEING 25 FEET ON EACH SIDE OF THE SECTION LINES. ALSO A PIECE OF LAND 25 FEET SQUARE OUT OF THE EXTRIM TOWNS HEAST CORNER TNC RNEREOF FsSEION ECTIONe27,o WELD COUNTY , AND OUT OF THE NORTHEAST CORNER OF SECTION 36, by Deed STATING THATrIFdSUBJECTI 5 BOOK 212 PAGE 7 SAID PROPERTYCEASESTOBE USED FOR ROAD PURPOSES,CIT WILL REVERT TO THE GRANTOR, HIS HEIRS AND ASSIGNS. TIRE RTH SIDE OF THE SOUTH HALF OF • 21. A strip of TOWNSHIPF4ET IN NORTH, RANGE 63 WEST THE NOF THE06TH P.M. FOR ROAD PURPOSES as SECTION 3, 1903 in BOOK 163 at PAGE 397. SAID conveyed to WELD COUNTY by Deed recorded SAID 13,DPURPOSESTITNWILL REVERT RTOT THE bGRANTOR,G THAT FHIS IHEIRS PAND AERTY SSIGNS TO BE USED FOR ROAD 22. A strip of land 125 FEET WIDE WHICH PASSES THROUGH SECTIONS 27 AAND 35,ANU TOWNSHIP 5 SECTION 7, NORTH, RANGE 63 WESTOWNSHIP 4 NORTH, RANGE 63 WEST OF TTH T H , ALSO A SEWIDE WHICH PASSES THE 6TH P.M.P•M. 150 FEET TRIP OF LA THROUGH SECTION 1,• RANGE 62 WEST OF THE 6TH P.M., TO BE USED AS A RIGHT OF WAY FOR THE TOWNSHIP 4 ANATR, DeedRrecorded Naxch 3, 19 as 10 innB00Kd to 233 atEPACEE582DE RESERVOIR AND LARD COMPANY by CH by 23. Right of way forrecorded APRIL 1, 1914 inIT rBOOKposes393 ata PAGE222as grnted to 8, said IJOU lright TofM ayTbeing 125instrument nFEETWIDE AND PASSSES THROUGH SECTIONS 2, 3 AND 12, TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M AND SECTION 34, TOWNSHIP 5 NORTH, RANGE 63 WEST OF THE 6TH P.M.. 24. Right-of-way easement for TELEPHONE AND TELEGRAPH LINE purposes as9granted d0to �SNTAAIN STATES TELEPHONE. AND TELEGRAPH CO. by instrument recorded MAY 5, PAGE 256, said right—of—way easement being OVER A PART OF THE N 1/2 OF SECTION 11, TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE. 6TH P.M., SAID RIGHT OF WAY LOCATION NOT SPECIFICALLY DEFINED. B 1199 REC 02145184 06/17/88 16:01 $54.00 8/018 F 1662 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 25. Right of way for PUBLIC HIGHWAY purposes as granted to WELD COUNTY by instrument recorded MARCH 3, 1927 in BOOK 814 at PAGE 378, said right of way being 100 FEET IN WIDTH ACROSS PORTIONS OF SECTIONS 10 AND 11, TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.H. 26. Right of way for PUBLIC HIGHWAY purposes as granted to WELD COUNTY by instrument recorded APRIL 9, 1927 in BOOK 814 at PAGE 491, said right of way being ACROSS A PORTION OF SECTIONS 3 AND 10, TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M. 27. Right—of—way easement for PIPE LINE purposes as granted to CONTINENTAL OIL COMPANY by instrument recorded SEPTEMBER 3, 1931 in BOOK 919 at PAGE 144, said right-of-way easement being THROUGH A PORTION OF THE NE 1/4 AND SE 1/4 NW 1/4 AND THE N 1/2 NW 1/4 OF SECTION 20, TOWNSHIP 5 NORTH, RANGE 62 WEST OF THE 6TH P.H., THE EXACT LOCATION OF WHICH IS NOT SPECIFICALLY DEFINED. 28. Right—of—way easement for PIPE LINE purposes as granted to CONTINENTAL OIL COMPANY by instrument recorded SEPTEMBER 28, 1931 in BOOK 920 at PAGE 580, said right-of-way easement being THROUGH A PORTION OF THE NW 1/4 OF SECTION 3, TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M., THE EXACT LOCATION OF WHICH IS NOT SPECIFICALLY DEFINED. 29. Right—of—way easement for PIPE LINE purposes as granted to CONTINENTAL OIL COMPANY by instrument recorded SEPTEMBER 28, 1931 in BOOK 920 at PAGE 582, said right—of—way easement being described as follows: BEGINNING 1675 FEET EAST OF THE NORTHWEST CORNER OF SW 1/4, THENCE SOUTH PARALLEL WITH THE EAST LINE OF SW 1/4 TO A POINT ON UNION PACIFIC RAILROAD, THENCE SOUTHEASTERLY ON THE RIGHT OF WAY LINE OF UNION PACIFIC RAILROAD TO EAST LINE OF SW 1/4, THENCE NORTH TO THE NE CORNER OF SW 1/4, THENCE WEST TO POINT OF BEGINNING. 30. Right—of—way easement for PIPE LINE purposes as granted to CONTINENTAL OIL COMPANY by instrument recorded SEPTEMBER 28, 1931 in BOOK 920 at PACE 598, said right-of-way easement being THROUGH A PORTION OF THE W 1/2 NE 1/4, NW 1/4, NW 1/4 SW 1/4 OF SECTION 15; N 1/2 NW 1/4 SECTION 21; E 1/2 SE 1/4, SW 1/4 SE 1/4, SE 1/4 SW 1/4 SECTION 19. ALL IN TOWNSHIP 5 NORTH, RANGE 62 WEST OF THE 6TH P.H., NE 1/4, NW 1/4 SE 1/4, SW 1/4 SECTION 25; NW 1/4 NE 1/4, NW 1/4 SECTION 35, SE 1/4 NE 1/4, AND N 1/2 SE 1/4 SECTION 34, BOTH IN TOWNSHIP 5 NORTH, RANGE 63 WEST OF THE 6TH P.H., THE EXACT LOCATION OF WHICH IS NOT SPECIFICALLY DEFINED. 31. Right—of—way easement for ELECTRIC TRANSMISSION LINE purposes as granted to THE UNITED STATES OF AMERICA by instrument recorded NOVEMBER 22, 1939 in BOOK 1053 at PAGE 111, said right-of-way easement being ACROSS THE S 1/2 NW 1/4, NE 1/4 SW 1/4 AND PART OF N 1/2 SE 1/4 OF SECTION 13; SW 1/4 AND SW 1/4 SE 1/4 OF SECTION 11; NE 1/4 SE 1/4. N 1/2 NW 1/4 AND SE 1/4 NW 1/4 OF SECTION 10, TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.H.; THE CENTER LINE OF THE ROUTE OF SAID LINE OF POLES AND WIRES TO BE ERECTED ACROSS SAID LANDS SHALL BE AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 13, WHENCE THE NORTHWEST CORNER OF SAID SECTION 13 BEARS NORTHERLY 1426 FEET; THENCE SOUTH 57°36' EAST, 1606 FEET; THENCE SOUTH 72°58' EAST, 3019 FEET TO THE EAST LINE OF THE PROPERTY; BEGINNING AT A POINT ON THE EAST-WEST CENTER LINE OF SAID SECTION 10, WHENCE THE EAST QUARTER-SECTION CORNER OF SAID SECTION 10 BEARS EASTERLY 1150 FEET; THENCE SOUTH 57°36' EAST, 4850 FEET TO THE SOUTH LINE OF SAID SECTION 11; BEGINNING AT THE NW CORNER OF SAID SECTION 10; THENCE SOUTH 57°36' EAST, 3483 FEET TO THE NORTH-SOUTH CENTER LINE OF SAID SECTION 10. 32. Right—of—way easement for ELECTRIC TRANSMISSION LINE purposes as granted to THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT by instrument recorded JUNE 12, 1942 in BOOK 1095 at PAGE 270, said right-of-way easement being ACROSS THE S 1/2 NE 1/4 OF SECTION 10, TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M.; THE CENTER LINE OF THE ROUTE OF SAID LINE OF POLES AND WIRES TO BC ERECTED ACROSS SAID LANDS AS FOLLOWS: BEGINNING AT A POINT ON THE EAST-WEST CENTER LINE OF SAID SECTION 10, WHENCE THE EAST QUARTER-SECTION CORNER OF SAID SECTION 10 BEARS EASTERLY 1150 FEET; THENCE NORTH 57°36' WEST 1770 FEET TO THE NORTH-SOUTH CENTER LINE OF THE SAID SECTION 10. 33. Subject to a perpetual easement between E.E. BROWN and UNION PACIFIC RAILROAD recorded JUNE 22, 1946 in BOOK 1181 at PAGE 540, located North of Union Pacific Railroad in Sections 1 and 12, Township 4 North, Range 63 West of the 6th P.H. 34. Right—of—way easement and Agreement for ELECTRIC TRANSMISSION LINE purposes as granted to POUDRE VALLEY RURAL ELECTRIC ASSOCIATION by instrument recorded MARCH 21, 1973 in BOOK 688 as RECEPTION NO. 1609519, said right-of-way easement being PART OF SECTION 34, TOWNSHIP 5 NORTH, RANGE 63 WEST OF THE 6TH P.H. B 1199 REC 02145184 06/17/88 16:01 $54.00 9/018 F 1663 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO lway r d ross he JS• An in easment of Sectionf12a,yTownshipr4ln ditNorthc,hRangeand563pi1West ofethen6thcP.M.,t lands for a as granted to the LOWER LATHAM DITCH COMPANY AND THE LOWER LATHAM EXTENSION DITCH COMPANY by deed recorded APRIL 15, 1975 in BOOK 737 as RECEPTION NO. 1658508. 36. Right of way for PIPE LINE purposes as granted to PANHANDLE EASTERN PIPE LINE id MCOPAh by instrument recorded JULY 12, 1982 in BOOK 972 as RECEPTION NO..118997129,WEST OF THE of way being THROUGH THE W 1/2 OF SECTION 27, TOWNSHIP 5 NORTH, 6TH P.H., THE EXACT LOCATION OF WHICH IS NOT SPECIFICALLY DEFINED. 37 by instrument recordedLINE JUNEpurposes 1983ain granted 999 as RECEPTION CEPTION EASTERN NO. 1930799 LINE , said COMPANY ight of wayTHE E SWn1/4HOOFUSECTIONH23,1/2ALLANDINTNTOWNSHIP 5 E SW 1/4 F NORTH, RANGE 63 SECTION 27, E WEST SE lOF THE/4 OF S SECTION o PANHAN LE EASTERN PIPE LINE NY 38 Right dedLNOVEMBERo4e,S1983gin ranted BOOKt 1012 R C a or PIPEasRECEPTION NO. 1946069. sid right of way being THROUGH THE SW 1/4 OF SECTION 3, TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M. 39. Right of way for THE NEW EMPIRE RESERVOIR, DITCH AND CANALS, AFFECTING SECTION 3, TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M. as evidenced by Statement filed in the Weld County Clerk & Recorder's Office, insofar as the same may affect subject property. TIONS 11 IP 4 40. RANGE 63 for THE THE 6TH P.M.IN as evidenced bFECTING y Statement Afiled,in the Weld County Clerk & Recorder's Office, insofar as the same may affect subject property. 41. Right of way for'Bijou Reservoir and Canal insofar as same may affect subject property. 42. Right of way for the South Platte River insofar as same may affect subject property. MPANY 43. A strip of land 100 feet wide88aasin nveconveyed K dOtoc the heGC LOR ADO CENTR LTRIIRAILROAD ROADECOMPANUGby Deed recorded February NO, RANGE 63 WEST OF THE 6TH P.M. SECTION 12, TOWNSHIP 4 NORTH, 44. �t6TH Pof land.M. as c�onveyedOUGH Tto COLO SW R4 RADOF SECTION 34, TOWNSHIP 5 NORTH,CENTRAL RAILROAD COMPANY by Deed RANGE recorded June 8, 1881 in BOOK 30 at PAGE 215 and APRIL 23, 1887 in BOOK 43 at PAGE 431. 45. Reservation by the UNION PACIFIC RAILROAD COMPANY, its successors and assigns in Deed recorded JULY 1, 1902 in BOOK 201 at PAGE 52, AFFECTING NE 1/4 OF SECTION 3, TOWNSHIP 4 NORTH, RANCE 63 WEST OF THE 6TH P.M., the saidAUnionpPacificdRailroad2 feetCompanywide onasa said ech iroad de fthe is now econstructed f railroad over and across said land. (2) All coal and other minerals within or underlying said lands. (3) The exclusive right to prospect to be therein, and toand mineer coal for and therein or which may be supposed anyone. land,) all coal and other minerals which es be found thereon by e) The of ingress, egress and regress s n and idtheright to and to useso much mine remove any and all such coal or other minerals, _ oro om such placesland asoramines,oandnformy be cnveient the convenientfandt he right or necessaryproperoperationtof such prospect places, mines and for roads and approaches thereto or for removal therefrom of coal, mineral, machinery or other material. (5) The right to said Union Pacific Railroad Company to maintain and operate its railroad in its present form of construction, and to make any change in the form of lroad, and ands condition thatesaid grantee,ihis heirs dand iassigns, shall jerect ect land so t covenant forever maintain a lawful and suffic ient fence clng and upon each of the side lines of the • said 400 foot strip of land above reserved. B 1199 REC 184 88 1 854.00 10/018 F 1664 MARY ANNFEUERSTEIN/CLERK 6&D RECORDER WELD CO, CO 46. Reservation by the UNION PACIFIC RAILROAD COMPANY, its successors and assigns in Deed AND THEHH 1/2H 23, 1905nOK 217 AGE 526,, RANGE 63AFFECTL OF ING THEE6THOp.M.;S 25 AND 27 2 AND E 1/2 W 1/2 AND NW 1/4 NW 1/4 OF SECTION 7, TOWNSHIP 4 NORTH, RANGE 62 WEST OF THE 6TH P.N., (1) A strip of land 200 feet wide on each side of the center line of the railroad of said Union Pacific Railroad Company as said road is now constructed over and across said land. (2) All coal and other minerals within or underlying said lands. • (3) The exlusivnd r therein orcwhichemaygbe supposede to be therein, d land for coal andtomineforandnremoveefrom minerals said • land, all coal and other minerals which may be found thereon by anyone. (4) The right of ingress, egress and regress upon said land to prospect for, mine and remove any and all such coal or other minerals, and the right to use 6o much of said land as may be convenient or necessary for the right of way to and from such prospect places or mines, and for the convenient and proper operation of such prospect places, mines and for roads and approaches thereto or for removal therefrom of coal, mineral, machinery or other material. (5) The right to said Union Pacific Railroad Company to maintain and operate its railroad in its present form of construction, and to make any change in the form of construction or method of operation of said railroad, and subject also to the covenant and condition that said grantee, his heirs and assigns, shall erect and forever maintain a lawful and sufficient fence along and upon each of the side lines of the said 400 foot strip of land above reserved. NOTE: Surface Owner's Agreement between W.D. FARR, AKA WILLIAM D. FARR; TRAVELERS INSURANCE COMPANY; THE VALLEY NATIONAL BANK OF ARIZONA and CHAMPLIN PETROLEUM COMPANY, recorddEXCEPTeSWJ1/4 SW 1/42 in SECTIONK 972 as 27, TOWNSHIPF5ION NO.NORTH, 1RANGE95.63 WEST OFMG W 1/2 THE 6TH P.M SE 1/4 47. Reservation by the UNION PACIFIC RAILROAD COMPANY, its successors and assigns in Deed recorded DECEMBER 21, 1906 in BOOK 233 at PAGE 70, AFFECTING S 1/2 OF SECTION 3, TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M., (1) All coal, and other minerals, within or underlying said lands; (2) The usive therein orclwhich may ht to be prospectsaid land or coal be supposed to be therein and to mine for and aremove nd efrom r nsaid s land, all coal and other minerals which may be found thereon by anyone; (3) The right of ingress and regress upon said land to prospect for, mine and remove any and all such coal and other minerals and the right to use so much of said land as may be convenient or necessary for the right of way to and from such prospect places or mines, and for the convenient and proper operation of such prospect places, mines, and for roads and approaches thereto or for removal therefrom of coal, minerals, machinery, or other material; (4) The right of said Union Pacific Railroad Company to maintain and operate its railroad in its present form of construction, and to make any change in the form of construction or method of operation of said railroad; and any interests therein, assignments or conveyances thereof. NOTE: Surface Owner's Agreement between W.D. FARR, AKA WILLIAM D. FARR; TRAVELERS INSURANCE COMPANY; THE EQUITABLE LIFE ASSURANCE SOCIETY Y TH OF HE Uss TEDESTIOE STATES Nand CHAMPLIN PETROLEUM COMPANY, LErLIF APRIL 1854139. 48. Reservation by the UNION PACIFIC RAILROAD COMPANY, its successors and assigns in Deed recorded JULY 12, 1910 in BOOK 320 at PAGE 30, AFFECTING SECTIONS 11, 13 AND 15, TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M., (1) all oil, coal, and other minerals, within or underlying said lands; (2) the exclusive right to prospect in or upon said land for oil, coal and other minerals therein or which may be supposed to be therein and to mine for and remove from said land, all oil, coal and other minerals which may be found thereon by anyone; (3) the of ingress d gress upon any and allright oil, coal nand e d toprospect , mine and other ineralsand therightto r use so much of said ve land as may be convenient or necessary for the right of way to and from such prospect places or mines, and for the convenient and proper operation of such propect places, mines, and for roads and approaches thereto or for removal therefrom of oil and coal, minerals, machinery, or other material; (4) the right of said Union Pacific Railroad Company to maintain and operate its railroad in its present form of construction, and to make any change in the form of construction or method of operation of said railroad; and any interests therein, assignments or conveyances thereof. B 1199 REC 02145184 06/17/88 16:01 $54.00. 11/018 F 1665 MARY ANN FEUBRSTEIN CLERIC & RECORDER WELD CO, CO • NOTE: Surface Owner's Agreement between REINHOLD C. CROISSANT, ROLAND J. CROISSANT, PAUL CROISSANT, HAROLD CROISSANT, JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY and UNION PACIFIC RAILROAD COMPANY, recorded MARCH 8, 1971 in BOOK 641 as RECEPTION NO. 1563345. (Affects W 1/2 and SE 1/4 of Section 13, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado) NOTE: Surface Owner's Agreement between H. GORDON JOHNSON, REINHOLD C. CROISSANT AND ALVINA CROISSANT, ROLAND J. CROISSANT AND EMMA A. CROISSANT, PAUL CROISSANT AND HAZEL A. CROISSANT AND HAROLD CROISSANT AND RUTH H. CROISSANT and CHAMPLIN PETROLEUM COMPANY recorded APRIL 13, 1978 in BOOK 828 as RECEPTION NO. 1750309. (Affecting Section 15, Township 4 North, Range 63 West of the 6th P.H.) 49. Reservation by the UNION PACIFIC RAILROAD COMPANY, its successors and assigns in Deed recorded APRIL 7, 1916 in BOOK 445 at PAGE 24, AFFECTING ALL OF SECTIONS 13, 15, AND 23, TOWNSHIP 5 NORTH, RANGE 63 WEST OF THE 6TH P.M., (1) all oil, coal, and other minerals, within or underlying said lands; (2) the exclusive right to prospect in or upon said land for oil, coal and other minerals therein or which may be supposed to be therein and co mine for and remove from said land, all oil, coal and other minerals which may be found thereon by anyone; (3) the right of ingress and regress upon said land to prospect for, mine and remove any and all such oil, coal and other minerals and the right to use so much of said land as may be convenient or necessary for the right of way to and from such prospect places or mines, and for the convenient and proper operation of such pr,pect places, mines, and for roads and approaches thereto or for removal therefrom of oil and coal, minerals, machinery, or other material; (4) the right of said Union Pacific Railroad Company to maintain and operate its railroad in its present form of construction, and to make any change in the form of construction or method of operation of said railroad; and any interests therein, assignments or conveyances thereof. NOTE: Surface Owner's Agreement between N.D. FARR, AKA WILLIAM D. FARR; TRAVELERS INSU Y recoordedEAUGUST30,I1982Ain BOOKNATIONAL as BANK EECEPTION NO. 1902289, AFFECTIAMPLIN NG PETROLEUM/2 ANDD COMPANY, E 1/4 SECTION 13, TOWNSHIP 5 NORTH, RANGE 63 WEST OF THE 6TH P.H. NOTE: Surface Owner's Agreement between W.D. FARR, AKA WILLIAM D. FARR; TRAVELERS INSURANCE COMPANY; THE VALLEY NATIONAL BANK OF ARIZONA and CHAMPLIN PETROLEUM COMPANY, recorded SEPTEMBER 20, 1982 in BOOK 978 as RECEPTION NO. 1904189. AFFECTING W 1/2 AND SE 1/4 OF SECTION 23, TOWNSHIP 5 NORTH, RANGE 63 WEST OF THE 6TH P.M. 50. Reservation as contained in Patent recorded APRIL 23, 1921 in BOOK 595 at PAGE 317, AFFECTING E 1/2 OF SECTION 20, TOWNSHIP 5 NORTH, RANGE 62-WEST OF THE 6TH P.N., said reservation being as follows: Excepting and reserving, however, to the United States all the coal and other minerals in the lands so entered and patented, together with the right to prospect for, mine, and remove the same pursuant to the provisions and limitations of the act of December 29, 1916 (39 Stat., 862). 51. Reservation as contained in Patent recorded DECEMBER 29, 1922 in BOOK 595 at PAGE 569, AFFECTING E 1/2 SECTION 24, TOWNSHIP 5 NORTH, RANGE 63 WEST OF THE 6TH P.H., said reservation being as follows: Right of way for ditches and canals constructed by the authority of the United States. Excepting and reserving, however, to the United States all the coal and other minerals in the lands so entered and patented, together with the right to prospect for, mine, and remove the same pursuant Co the provisions and limitations of the act of December 29, 1916 (39 Stat., 862). 52. Reservation as contained in Patent recorded JUNE 13, 1928 in BOOK 668 at PAGE 282, AFFECTING SECTION 22, TOWNSHIP 5 NORTH, RANGE 63 WEST OF THE 6TH P.M., said reservation being as follows: Right of way for ditches and canals constructed by the authority of the United States. B 1199 REC 02145184 06/17/88 16:01 $54.00 12/018 F 1666 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO Excepting and reserving, however, to the United States all the coal and other minerals ne, in the lands so entered and patented, with lthetrights the right tofprospect of Defor, mineer and remove the same pursuant to the provisions and 29, 1916 (39 Stat., 862)- 936 n BOOK 990 a E 53• ReservationAFFECTING NEas contained 1/4 SECTION 8�, TOWNSHIPe5 NOR H, RRANGE0621 WEST iOF THE 6TH P.M.,G 3• Patent rcorded ARCH Said reservation being as follows: Right of way for ditches and canals constructed by the authority of the United States. es ll coal and her inc theilandsdsooentered�andwpatented,t together dwith t the aright eto prospect tfor for,minerals hoever, tohe mine and remove the same pursuant to the provisions and limitations of the act of December 29, 1916 (39 Stat., 862). 54. Reservation of ONE-HALF OF ALL OIL as contained in instrument from BERNAL B. BISON,an interestALSO Os therein, assignments, or conveyancesAS B.B. MADISON OCTOBER 4, 1937 in s thereof. 1016 at PAGE 311, ls therein or thereunder as 55. ins[umentnfofromaWELD1COUNTY to "70" otherRANCH CORPORATION reserved recorded OCTOBER 23,t1 in 1943 in BOOK 1119 at PAGE 292, AFFECTING N 1/2 NE 1/4, SW 1/4 NE 1/4, NE 1/4 NW 1/4 SECTION 34, TOWNSHIP 5 NORTH, RANGE 63 WEST OF HE 6TH P.M. S conveying 56. Mineral in and8ILDE under5 subjectR to proop KARL recorded OCTOBER 23(, 1943 the in BOOK gas 1119and at PAGE 304, affecting all of Sections 11, 13 and 15 and the N 1/2 NW 1/4, SE 1/4 NW 1/4,/2 of t SW 4 of 1E1/4lyingSWest4andd South/of thee SouthPlatte lRiver all tinn Township 14 and p t SE 14 of Sction 10, S 4North,/Range Section 63 and part of the SW 1/4 of Section 1, Township 4 North, Range 63 West of the 6th P.M.,ss t all s for drilling ndhexploringt said ilandss for doil,egas aand other eminerals eand r pose of mining, of removing the same therefrom; and any interests therein, assignments or conveyances thereof. NTEREST IN AND TO ALL OIL, GAS AND ER LAR 57. ORSDISSIMILARf MINERALS A FULL �as contained inDIVIDED 3/4 instrumentinstrumentt from MATRILDE SAENGER recorded FEBRUARY FEBRUARY 19, 1944 in BOOK 1127 at PAGE 453 as RECEPTION NO. 932386, AFFECTING ALL OF 1SECTINS0, S01/21 SECTION 1141 AND PARTISfW 1/4 SECTION 1 W LYING WEST/AND 4 WS0DUTHO 4 AND SE 1/4 ON 1/4, SE 1/4 SOUTH PLATTE RIVER ALL IN TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M., and any interests therein, assignments, or conveyances thereof. 58. / Deed INTEREST and to HAZEL CORPORATION C. MMANNING g conv to eyi BROWN AN UNDIVIDED UNDIVIDED 8/5THS INTEREST 725THSof the oil, gas, and other minerals it and under subject property, recorded ded 20, 1944 in BOOK/ 11N91/2 PAGE SW 1/4CNENG 1/4 LNESECTIONS 1/4 NW 1/4, ALL2, 24,SECTION 35, SW 1/4 SW SE 1/4 NE N 3, 1/4 SECTION 36, ALL IN TOWNSHIP 5 NORTH, RANGE 63 WEST OF THE 6H P.M. AND ALL OF SECTION 1 EXCEPT PART SOUTH AND WEST OF RIVER, NE 1/4, E 1/2 SE 1/4, E 1/2 NW 1/4 EXCEPT THAT PART OF E 1/2 NW 1/4 WEST AND SOUTH OP UNION PACIFIC RIGHT OF WAY AND N 1/2 the SECTIONN WNSHIP 4 egress atNallHtimesGE for3 theST OF purposeofTH P.N., together mining, drilling and nerals and and loringnsaidsla lands therein,oil, gasgas, and or ernnerals thereof. other the same therefrom; exp i59. Reservation of AN UNDIVIDED ONE-RALF OF ALL OIL, GAS, CARBOHYDRATES, MINERALS AND OTHER VALUABLE DEPOSITS OF EVERY KIND, NATURE OR DESCRIPTION (AFFECTING 5 1/2 NW 1/4, NE 1/4 SW 1/4, NW 1/4 SE 1/4 AND THE S 1/2 S SECTION S 2,1/O TOWNSHIP PH4 N NORTH, SRANGE 63 VEST OF THE 6H P.M.; PART W 1/2 NW 1/4, E 1/4 NW SECTION 12, TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M.; N 1/2 SECTION 3, TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M.; AND PART OF THE SW 1/4 SECTION 34, TOWNSHIP 5 NORTH, RANGE 63 WEST OF THE 6TH P.M.) as contained in instrument from DOUGLAS A. CARRUTHERS AS CONSERVATOR OF THE ESTATE OF GEORGIA L. therein, INCOMPETENT recorded JUNE 14, 1948 in BOOK 1230 at PAGE 538, and any interests assignments, or conveyances thereof. • B 1199 REC 02145184 06/17/88 16:01 $54.0'0 13/018 F 1667 MARY ANN FEUERSTEIN CLERK &.RECORDER WELD CO, CO 60. Reservation of ALL OIL, CAS AND OTHER MINERALS as contained in instrument from FRANK N. MONDT AND HELEN E. MONDT recorded MAY 23, 1951 in BOOK 1303 at PAGE 496 as RECEPTION NO. 107723, AFFECTING SE 1/4 NW 1/4 SECTION 34, TOWNSHIP 5 NORTH, RANGE 63 WEST OF THE 6TH P.M., and any interests therein, assignments, or conveyances thereof. 61. Mineral Deed from JACK LEWIS AND MARY ALICE LEWIS to HAZEL M. LINDHL conveying ALL THE RIGHT, TITLE, INTEREST, CLAIM AND DEMAND WHICH THE SAID PARTIES OF THE FIRST PART HAVE IN AND TO ALL of the oil, gas, and other minerals in and under subject property, recorded SEPTEMBER 9, 1968 in BOOK 599 as together O with the right N . 0 , of INGs AFFECL ING PARCEL 1 AND PART OF PARCELS 2, 3, AND egress at all times for the purpose of mining, drilling and exploring said lands for oil, gas, and other minerals and removing the same therefrom; and any interests therein, assignments or conveyances thereof. 62. Mineral Deed from DEMING DOAK AND RUTH DOAK to HAZEL M. LINDHL conveying ALL THE RIGHT, TITLE, INTEREST, CLAIM AND DEMAND WHICH THE SAID PARTIES OF THE FIRST PART HAVE nerals in and under reAND T dedOS PTEMBERh30,i1968ain BOOK 600rasiRECEPTION NO. 1521667`,b ject property, together with the right of ingress and egress at all times for the purpose of mining, drilling and explorig ds for therein,ll, gas, and assignments or er minerals and conveyances removing the same therefrom; thereof. 63. Reservation of AN UNDIVIDED 1/2 OF ALL OIL, GAS AND OTHER MINERALS NOT HERETOFORE CONVEYED OR RESERVED as contained in instrument from ALBERT CROISSANT recorded FEBRUARY 4, 1974 in BOOK 708 as RECEPTION NO. 1629646, AFFECTING PART SW 1/4 SECTION 1, PART S 1/2 NW 1/4, NE 1/4 SW 1/4, W 1/2 SE 1/4, SE 1/4 SE 1/4 SECTION 2, NORTH OF UNION PACIFIC RIGHT OF WAY, PART OF SECTION 3, NE 1/4 SECTION 10, PART W 1/2 NW 1/4 SECTION 12 NORTH OF THE UNION PACIFIC RIGHT OF WAY ALL IN TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.H., and any interests therein, assignments, or conveyances thereof. 64. Reservation of AN UNDIVIDED ONE-HALF (502 OP 15%) OF ALL OIL, GAS, HYDROCARBONS AND OTHER MINERALS as contained in instrument from GEORGE L. ALLARD AND ROKANNA E. ALLARD recorded MAY 2, 1979 in BOOK 867 as RECEPTION anyO. j7891t8,[AFFECTING Gss L°OFnP OF AA,CELS 1, 4 AND 5 AND PART OF PARCELS 2, 3 AND 7, or conveyances thereof. OIL, GAS,65. Reservation of AN as contained VIDED inEinstrument fromF (502 OF 5%) OF GEORGEL. ALLARD AND HYDROCARBONS E. ALLARD recorded HAY 2, 1979 in BOOK 867 as RECEPTION NO. 1789169, AFFECTING ALL OF PARCELS 1. 4 AND 5 AND PART OF PARCELS 2, 3 AND 7, and any interests therein, assignments, or conveyances thereof. 66. Reservation of AN UNDIVIDED ONE-HALF (502 OF 20%) OF ALL OIL, GAS, HYDROCARBONS AND OTHER MINERALS as contained in instrument from GEORGE L. ALLARD & CO., A COLORADO CORPORATION recorded MAY 2, 1979 in BOOK 867 as RECEPTION any. 7 . AFFECTING ALL OF PARCELS 1, 4 AND 5 AND PART OF PARCELS 2, 7, assignments, or conveyances thereof. 67. Terms, conditions, covenants, and restrictions of AGREEMENT between ALLARD CATTLE COMPANY and PAUL A. ANSLEY recorded JULY 30, 1971 in BOOK 650 as RECEPTION NO. p.$., regarding thew use OF EACHSECTION PARTIES3LANDSNSHIP 5 FOR THENORTH,PURPOSEOFE 62 GRAZING LIVEST OF STOCK. 68.68. Terms, conditions, covenants, and restrictions of LEASE between GEORGE ALLARD and DR. HENRY SWAN, II recorded NOVEMBER 20, 1975 in BOOK 753 as RECEPTION NO. 1675112, 6TH the AND/4 OF SECTION 3,SPORTING ACTIVITIESNBYIP 4 DR. HENRY RANGE 62 WEST OF THE use OF THE NW SWAN, II. 69. Oil and Gas Lease from W.D. FARR AKA WILLIAM D. FARR to ROCK OIL CORPORATION, recorded OCTOBER 29, 1982 in BOOK 980 as RECEPTION NO. 1907717, and any interests therein, assignmets or conveyances recordedn DECEMBER28, 1983 BOOK e1016 as1951274. of. Sd Lease extended by AFFIDAVIT OF PRODUCTION RECEPTION NO. 195127 Modification to said Lease recorded OCTOBER 29, 1982 in BOOK 980 as RECEPTION NO. 1907718. • B 1199 REC 02145184 06/17/88 16:01 $54.00 14/018 F 1668 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO Agreement stating that said Lease will be held by production and under what terms recorded APRIL 28, 1986 in BOOK 1110 as RECEPTION NO. 2051467. (AFFECTING W 1/2 SECTION 24, TOWNSHIP 5 NORTH, RANGE 63 WEST OF THE 6TH P.H.)to corded 70. Oil and GasDECEMBER 27,-1982 in BOOKLLIAM 9855 as•RECEPTION NO-D 1912357, and any interestsetherein, assignments or conveyances thereof. Said Lease extended by AFFIDAVIT ITNOFLPRO PRODUCTION 3, recorded DECEMBER 4, 1984 BOOK 1051 as RECEPTION NO. 1990725, AND 4 AND THE E 1/2 W 1/2 SECTION 18, TOWNSHIP 5 NORTH, RANGE 62 WEST OF THE 6TH P.M. AND LOTS 1 AND 2 AND THE E 1/2 NW 1/4 SECTION 19, TOWNSHIP 5 NORTH, RANGE 62 WEST OF THE 6TH P.H. 71. Oil and Gas Lease from W.D. FARR, AKA WILLIAM D. FARR to ROCK OIL CORPORATION, ts assignments, ors conveyancesOthereof. AFFECTING HLOT O. 12, S3 2, and 193 in BOK 996 as 1/2 NW 1/4 AND eSWs [ • 1/4 EXCEPT PART OF SECTION 1, TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.H. 72. Oil and Gas Lease from W.D. FARR, ALSO KNOWN AS WILLIAM D. FARR to ROCK OIL CORPORATION, recorded MAY 18, 1983 in BOOK 996 as RECEPTION NO. 1927333, any S 1/2 interests therein, assignments, or conveyances thereof.of 1/4, ECTING NW 1/4 LOTS SI1 AND 2,1 S2 SE NE 1/4, NE 1/4 SE 1/4 AND PART 5 1/2 NW 1/4, NE 1/4 LYING NORTHEASTERLY OF UNION PACIFIC RAILROAD RIGHT OF WAY OF SECTION 2, TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.H. 73. Oil and Gas Lease from W.D. FARR, ALSO KNOWN AS WILLIAM D. PARR to ROCK OIL CORPORATION, recorded MAY 18, 1983 in BOOK 996 as RECEPTION NO. 1927334, and any interests therein, assignments, or conveyances thereof. 63THE /4H P.M. AFFECTING NGSP OF 1/4 LYING SOUTH OF THE EMPIRE CANAL SECTION 3, TOWNSHIP 4 NORTH, RANGE 74. Oil and Gas Lease from W.D. FARR, ALSO KNOWN AS WILLIAM D. FARR to ROCK OIL CORPORATION, recorded MAY 18, 1983 in BOOK 996 as RECEPTION NO. 1927335, and any SODUTHeAND WESTeOF,HIGHWAYmNO.s34 fSECTION conveyances TOWNSHIPthereof. 4 NORTH,RANG GE 634 EXCEPT WEST OF TH T 6TH Y.H. • 75. Oil and Gas Lease from W.D. FARR, ALSO KNOWN AS WILLIAM D. FARR to ROCK OIL • CORPORATION, recorded MAY 18, 1983 in BOOK 996 as RECEPTION NO. 1927336, and any interests tin, assignments,63WEST 6THP.M. or conveyances thereof. AFFECTING S 1/2 SECTION 35. TOWNSHIP 5 here RANGE KNOWN AS LLIAM D. to ROCK ARR76. CORPORATION, recorded D recorded MAY 18, 1983AinOBO0 996 asI RECEPTIONFOIL Oil and Gas NO. 1927337, and any interests therein, gnme t NORTH, RANGE 63 WEST OF assignments, onveyances thereof. 6TH P.M.AFFECTING SE 1/4 AND SE 1/4 NE 1/4 SECTION 34, o 77. Oil and Gare from corded-MAYGORDON 231, 19 0JOHNSON in AND OK 904Aas• JOHNSON RECEPTIONfNO.�1825646 DIVERSIFIED SERVICES. INC.,, 2 interests therein, assignments, or conveyances thereof. AFFECTING PART OF PARCEL 78. Subject to Operation Standards as shown on map recorded SEPTEMBER 3, 1980 in BOOK 913 as RECETONig en cut mining in SectionF3landNa portion?ofe eth Nn 1/2 NW 1/4 Section 10,a portion of the S 1/2 SW 4 Township 4 North, Range 63 West of the 6th P.H. 79. Reservation as contained in Patent recorded MARCH 13, 1925 in BOOK 677 at PAGE 126, AFFECTING S 1/2 SECTION 14, TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M., said reservation being as follows: Right of way for ditches and canals constructed by the authority of the United States. B 1199 REC 02145184 06/17/88 16:01 $54.00 15/018 F 1669 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 5 n BOOK 677 at AGEBO• AReservation as FFECTING N 1/2cNWt 1/4. SEn1/4 Paent 1/4,oNEed 1/4ASWH1/4,AND2SEs1/4 OF SECTION 10, 127,10, TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M., said reservation being as follows:• Right of way for ditches and canals constructed by the authority of the United States. NE 28, 882 n BOOK 4 t GE 81• Reservatin asAFFECTINGoP 1/2cNWt1/4eSECTIONt12t, TOWNSHIP 4 U NORTH, sRANGE s63 WEST 3OFa THE A 14, recorded 6TH P.M., said reservation being as follows: Right of te prpetor of to t d remove should thehsameobe found toapenetrat vein ore orode intersect[then his ore therefrom premises, 82. Reservation as contained in Patent recorded MAY 14, 1897 in BOOK 34 at PAGE 409, AFFECTING S 1/2 SW 1/4 SECTION 12, TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M., said reservation being as follows:Right of e prpetor of d remove should the sameobe found too vein or lode penetrate or intersect theto extrt n his ore therefrom premises. 83. Reservation as contained in Patent recorded OCTOBER 28, 1896 in BOOK 20 at PAGE 100, AFFECTING S 1/2 SE 1/4 SECTION 2, TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M., said reservation being as follows: t should thehsameobe found to a vein orpenetrate orodeintersectto c n his ore therefrom the premises. 84. Reservation as contained in Patent recorded JUNE 20, 1903 in BOOK 132 at PAGE 70, AFFECTING SW 1/4 SECTION 34, TOWNSHIP 5 NORTH, RANGE 63 WEST OF THE 6TH P.H., said reservation being as follows: to t sRight of te hould prprietor of toa vein orpenetrate orodeintersectc n his ore therefrom thepremises 85. Reservation as contained in Patent recorded OCTOBER 6, 1898 in BOOK 1322aatE PAGE W311,OF THE 6TH p M.,AF2 SW 1/4 AND SE FECTING reservation being as follows: l/4 SW 4SECTION 2, TOWNSHIP 4 NORTH, to extre d remove should the same be found toRight of e propretor of o lode vein or penetrate rintersect then hie ore therefrom premise6 OK 938 t PAGE 86. Reservation as contained in Patent recorded/ T OCTOBER 1 , 1832 in SECTION 10, OOKN93IPat NORTH,7, AFFECTING W 1/2 SW 1/4, SE 1/4 SW 1/4, RANGE 63 WEST OF THE 6TH P.M., said reservation being as follows: Right of way for ditches and canals constructed by the authority of the United States.tion 34,87. North,, Range 63 West nofd4the00f6th P.M. foro railroad eet wide thrugh the 8purposes ascconveyed twh the iColorado Central Railroad Company by deed recorded June 8, 1881 in Book 30 at Page 215. rn88. Right inf way Bo k thedin o(Affects evidenced Sections 21, 3,011 512tandn13,recorded in Township 4 North, Range 63 West of the 6th P.M.) 89. Right—of—way easement for PIPE LINE AND TELEPHONE AND TELEGRAPH purposes as granted to CONTINENTAL OIL COMPANY by instrument recorded SEPTEMBER 28, 1931WinHI BOOK K 920Tat PAGES 580, said right-of-way easement being THE NW 1/4 OF SECTION 3, 63 WEST OF THE 6TH P•M.• B 1199 REC 02145184 06/17/88 16:01 $54.00 16/018 F 1670 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO H ses s ed to 90. CONTINENTALyOILSement for COMPANY byPIPE LINE instrumentHrecorded SEPTEMBLEPHONE AND ER 28,1931uinoBOOKa920rattPAGE 582, said right—of—way easement being described as follows: Beginning 1675 feet East of Northwest Corner of SW 1/4, thence South parallel with the East line of SW 1/4 to a point on the Pacific R.R•, thence Southeasterly on the right Of way line of Union pacific R.R. to East line of SW 1/4, thence North to the Northeast Corner of SW 1/4, thence West to Point of Beginning in E 1/2 SW 1/4 Section 34, Township 5 North, Range 63 West of the 6th P.H.• AND RAPH oses as 91. tog C0NTINENTAL aOILe COMPANY semnt for Pbyginstrument recorded LINS EOCTOBER L8O,1931pinpBOOK 921granted natPAGE 320, said right-of-way easement being described as follows: Block "D", Town of Hardin, Colorado. 92. Easement for ELECTRIC TRANSMISSION LINE purposes as granted to THE UNITED STATES OF in OK 1067 at being• CNEb1/4nOF recorded7, 19 WEST OF THEE6TRSP.M.,d easement THE OLES AND S TO BE EREED LAAND• SRSHALL BE AS FOLLOWS: BEGINNINGEATFAPPOINT ON THE EAST LINE OF ACROSS LINE OF THE ROUTE SAID SECTION NORTHEAST R OF SECTIONP14 NORTH, RANGE NO NORTHEREST OF LY FEET; THENCEMNORTHE57'36'EWEST, 2630 FEETETO THE NORTH LINE OF SAID SECTION 14. 93. Easement for ELECTRIC TRANSMISSION LINE purposes as granted to THE UNITED STATES OF AMERICA by instrument recorded SEPTEMBER 30, 1944 in BOOK 1141 at PAGE 554, said easement being SE 1/4 OF SECTION 10 AND E 1/2 OF SECTION 15, TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.H., THE CENTER LINE OF THE ROUTE OF SAID LINE OF POLES AND WIRES TO BE ERECTED ACROSS SAID LANDS SHALL BE AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SECTION 15, TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M., WHENCE THE SOUTHEAST CORNER OF SAID SECTION 15 BEARS EASTERLY A DISTANCE OP 12.5 FEET; THENCE RUNNING 12.5 FEET WEST OF AND PARALLELING THE EAST BOUNDARY LINES OF SECTIONS 15 AND 1NORTH TO FORT MORGAN TRANSMISSION H00' 1' WEST DISTANCE OF 7263 FEET LINE IN SECTION O 10.R LESS TO AN INTERSECTION WITH THE 0• ENOR ranted to 94. Right-of-way instrumentent or reco IRRIGATION 6TE11966pinposes as BOOK 568gas RECEPTION NO. 1489917, said right—of—way easement being IN THE 8 1/2 SECTIATONTHEONLOWER OF , SHIP NORTH, 63 WEST OF THE 6TH P.M., VELD COUNTY, COLORADO, COMMENCING LATHAM EXTENSION DITCH APPROXIMATELY 4,000 FEET WEST OF THE EAST BOUNDARY OF SAID SECTION 3, THENCE RUNNING EASTERLY IN AN EXISTING CEMENT DITCH 1,500 FEET, MORE OR LESS. s as granted to THE 95. Easement and Agreement for COLORADO CORPORATION AND THE LOWER PIWAY peLATHAM EXTENSION DITCH LATHAM DITCH COMPANY, A COMPANY by instrument recorded APRIL 18, 1975 in BOOK 737 as RECEPTION NO. 1658508, said easement being described as follows: With the centerline commencing at a headgate on the North bank of the Empire Canal approximately North 76'30' East 1620 feet from the Southwest corner of Section 12, Township 4 North, Range 63 West of the 6th P.M., approximately 50 feet West of a now filled in and abandoned spillway from the Empire Canal; thence Northerly to the eroded channel made from past use of the Empire Canal; thence Northerly along the ywchannel the athe passage twin concrete the old bridgeo on the old abandoned highway, hich was built expressly for Empire Canal Spillway, thence Northerly with a slight meandering in the old eroded spillway to the P.M. and 1450 feet South atte Rmore or less in length .2 er in e 1/2 Township 4 North, Range 63 West of the 6th P 96. Right-of-way easement for ELECTRIC LINE OR SYSTEM purposes as granted to POUDRE VALLEY RURAL nt BOOK 783 E air RECEPTIONATION, A NO. 1704850P,OsaidON by righc of-way easementded beingOdescribedER 1, las6 in follows: The NW 1/4 of Section 11, Township 4 North, Range 63 West of the 6th P.M.. 97. Right-of-way easement for ELECTRIC LINE OR SYSTEM purposes as granted to POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, A CORPORATION by instrument recorded APRIL 14, 1978 in BOOK 828 as RECEPTION NO. 1750421, said right-of-way easement being described as follows: The NE 1/4 of Section 3, Township 4 North, Range 63 West of the 6th P.M..es as to POUDRE VALLEY • 98. RURAL ELECTRICSASSOCIATION, AAC CORPORATION RbyY insltruments recorded d Right-of—way esement for ETRIC LINE NAY 1, 1978 in BOOK 830 as The NW 11//4EofIOSectiion1 ii, Township 4 1 North, Rangea63mWestbofnthep6thiP.M . follows: B 1199 REC 02145184 06/17/88 16:01 $54.00 17/018 F 1671 MARY MIN FECERSTEIN CLERK & RECORDER WELD CO, CO 99- Easement and Agreement for CONSTRUCTION purposes as granted to STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO by instrument recorded JANUARY 21, 1982 in BOOK 959 as RECEPTION NO. 1880516, said easement being described as a tract or parcel of land No. PE-7 of the State Department of Highways, Division of Highways, State of Colorado, Project No. PC 034-2(7) containing 1.009 acres, more or less, in the SE 1/4 of Section 13, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado, said tract or parcel being more particularly described as follows: Beginning at a point from which the E 1/4 corner of Section 13, Township 4 North, Range 63 West of the 6th P.M., bears North 64°46'15" East, a distance of 1,074.8 feet; 1. Thence North 72°59'15" West a distance of 771.4 feet; 2. Thence North 87°01'30" West a distance of 206.2 feet to a point on the Northerly right of way line of SH 34 (April 1981); 3. Thence along the Northerly right of way line of SR 34 (April 1981), South 72659'15" East, a distance of 987.2 feet; 4. Thence North 00°28'00" West a distance of 52.4 feet, more or less, to the Point of Beginning. 100. Reservation of 1/4 OF ALL OIL, GAS AND MINERAL RIGHTS as contained in instrument from LLOYD T. REYNOLDS recorded OCTOBER 11, 1932 in BOOK 938 at PAGE 98, AFFECTING THE W 1/2 SW 1/4, SE 1/4 SW 1/4, SW 1/4 NW 1/4 OF SECTION 10, TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.H., and any interests therein, assignments, or conveyances thereof. 101. Reservation of ALL OIL, GAS OR OTHER MINERALS THEREIN OR THEREUNDER as contained in instrument from WELD COUNTY, COLORADO, BY KATHLEEN E. DAY, ITS COMMISSIONER HERETOFORE DULY APPOINTED TO EXECUTE THIS DEED, ACTING UPON THE DIRECTION OF THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO IN EXCECUTING THIS DEED recorded OCTOBER 27, 1943 in BOOK 1119 at PAGE 392, AFFECTING N 1/2 SECTION 14, TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.H., and any interests therein, assignments, or convyances thereof. 102. Reservation of 1/4 INTEREST IN AND TO ALL OIL, GAS AND MINERAL RIGHTS IN FAVOR OF THE GRANTOR HEREIN, HIS HEIRS AND ASSIGNS as contained in instrument from EMMA G. SMITH recorded MAY 27, 1946 in BOOK 1179 at PAGE 580, AFFECTING W 1/2 SW 1/4, SE 1/4 SW 1/4 AND SW 1/4 NW 1/4 OF SECTION 10, TOWNSHIP 4 NORTH, RANCE 63 WEST OF THE 6TH P.M., and any interests therein, assignments, or conveyances thereof. 103. Reservation of 1/2 OF ALL OIL, GAS, CARBO-HYDRATES, MINERALS AND VALUABLE DEPOSITS OF EVERY KIND, NATURE, OR DESCRIPTION IN, UPON OR UNDER ALL OF THE LANDS ABOVE DESCRIBED as contained in instrument from DOUGLAS A. CARRUTHERS AS CONSERVATOR OF THE ESTATE OF GEORGIA L. CARRUTHERS, MENTAL INCOMPETENT recorded JULY 14, 1948 in BOOK 1230 at PAGE 538, AFFECTING S 1/2 NW 1/4, NE 1/4 SW 1/4, NW 1/4 SE 1/4, S 1/2 SE 1/4 OF SECTION 2, TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.H., ALL THAT PART OF THE W 1/2 NW 1/4 LYING NORTH OF THE UNION PACIFIC RAILROAD RIGHT-OF-WAY AND W 1/2 NW 1/4 SW 1/4, W 1/2 SE 1/4 OF SECTION 12 EXCEPT 13 ACRES LYING SOUTH AND EAST OF THE EMPIRE CANAL IN TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M., N 1/2 OF SECTION 3, TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M. AND PART SW 1/4 SECTION 34, TOWNSHIP 5 NORTH, RANGE 63 WEST OF THE 6TH P.H., and any interests therein, assignments, or conveyances thereof. . 104. Reservation of AN UNDIVIDED 1/4 INTEREST IN AND TO ALL OF THE OIL, GAS AND OTHER SIMILAR OR DISSIMILAR MINERALS as contained in instrument from JACOB CROISSANT • recorded MAY 12, 1950 in BOOK 1270 at PAGE 319, AFFECTING ALL OF SECTIONS 11, 13 AND 15, TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M., N 1/2 NW 1/4, SE 1/4 NW 1/4, NE 1/4 SW 1/4 AND SE 1/4 OF SECTION 10 AND S 1/2 SECTION 14, TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M., and any interests therein, assignments, or conveyances thereof. 105. Reservation of AN UNDIVIDED 1/2 INTEREST IN AND TO ALL OF THE OIL, GAS AND OTHER SIMILAR OR DISSIMILAR MINERALS as contained in instrument from JACOB CROISSANT recorded HAY 12, 1950 in BOOK 1270 at PAGE 319, AFFECTING W 1/25W1/4, SE 1/4 SW 1/4, SW 1/4 NW 1/4 SECTION 10, TOWNSHIP 4 NORTH, RANGE 63 WEST OF THE 6TH P.M., W 1/2 NW 1/4 SW 1/4 SECTION 12, TOWNSHIP 4 NORTH, EANGE 63 WEST OF THE 6TH P.M., and any interests therein, assignments, or conveyances thereof. 106. Reservation of ALL OF THE OIL, GAS AND OTHER SIMILAR OR DISSIMILAR MINERALS as contained in instrument from JACOB CROISSANT recorded MAY 12, 1950 in BOOK 1270 at PAGE 319, AFFECTING E 1/2 SW 1/4 SW 1/4, E 1/2 NW 1/4 SW 1/4 AND THAT PART OF THE W 1/2 NW 1/4 SOUTH OF THE UNION PACIFIC RAILROAD RIGHT OF WAY ALL IN SECTION 12, TOWNSHIP 4 NORTH, RANGE 63 WEST OP THE 6TH P.H., and any interests therein, assignments, or conveyances thereof. '" ' B 1199 REC 02145184 06/17/88 16:01 $54.00 18/018 F 1672 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 107. Reservation of ALL OIL, GAS AND OTHER MINERALS AND ALL MINERAL RIGHTS IN AND UNDER AND INCLUDED WITHIN THE ABOVE DESCRIBED LANDS WHICH BELONGED TO JACOB CROISSANT IN HIS LIFETIME OR WHICH BY MESNE CONVEYANCES BECAME VESTED IN THE REPRESENTATIVES OF HIS ESTATE as contained in instrument from THE FIRST NATIONAL BANK OF GREELEY, COLORADO, as Special Fiduciary of the Estate of Jacob Croissant, Deceased recorded JANUARY 10, 1967 in BOOK 577 as RECEPTION NO. 1498905, AFFECTING PARCEL 7, and any interests therein, assignments, or conveyances thereof. 108. Rights of parties under unrecorded tenancies. 109. Right of way for 70 RANCH SEEPAGE DITCH as evidenced by Statement filed in the Weld County Clerk & Recorder's Office, insofar as the same may affect subject property. 110. Right of way for Highway 380 through Section 34, Township 5 North, Range 63 West of the 6th P.H. and Section 3, Township 4 North, Range 63 West of the 6th P.M. 111. Right of way for County Road 50 through Sections 34 and 35, Tol:nship 5 North, Range 63 West of the 6th P.M. 112. Right of way for RIVERSIDE RESERVOIR as evidenced by Statement filed in the Weld County Clerk & Recorder's Office, insofar as the same may affect subject property. 113. Right of way for BAKER RESERVOIR AND CANAL as evidenced by Statement filed in the Weld County Clerk & Recorder's Office, insofar as the same nay affect subject property. 114. Right of way for FORT MORGAN LAND AND RESERVOIR as evidenced by Statement filed in the Weld County Clerk & Recorder's Office, insofar as the same may affect subject property. 115. Right of way for WELD AND MORGAN CANAL AND RESERVOIR as evidenced by Statement filed in the Weld County Clerk & Recorder's Office, insofar as the same may affect subject property. • - B 1192 REC 02137193 04/08/88 16:01 $3.00 1/001 AR22137193 ...-_ F 0093 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • RECTI f WARRANTY DEED -- 1 W. D. Farr, also known as William D. Farr Graolonsl �� i I whose addtcss is P.O. Box 878, Greeley, *County of Weld .State of `I .1 Colorado ,for the consideration of i' Ten ($10.00) and no/100 dollars,in hand paid,hereby sell(s) it andconvey(s)to The Travelers Insurance Company, a Connecticut corporation, Ii 11 whose legal addtcss is P.O. Box 8161, 2121 North California Boulevard, Suite 1000, ii Walnut Creek, California 94596, ;, County of Contra Costa ,and State of California I' ••, li -• Ii the following real property in the County of Weld ,and State of !1 1,7 r. Colorado.to wit: This is a Correction Peed correcting that portion of the legal shown in ;;the Warranty Deed recorded July 15, 1987 in Book 1163 as Reception No. 2107125, :'that read as the SWr-t; of Section 36, Township 5 North, Range 63 West of the r: ;{6th P.M. except 5 8/10 acres to read as follows: The SW's SWr¢ of Section 36, Township 5 North, Range 63 West of the 6th P.M. excepting that portion conveyed i' to South Platte Land Reservoir and Irrigation Company by deed recorded March 6, i1 "1907 in Book 228 at Page 14, described as follows: Commencing at a point ii .1337 feet North of the Southwest corner of Section 36, Township 5 North, is Range 63 West of the 6th P.M., thence South 26°45' East 44 feet; thence South 32°32' East 199 feet; thence South 52°19' East 192 feet; thence South , 72°49' East 296 feet; thence South 50°20' East 101 feet; thence South 28°40' East 503 feet; thence South 17°50' East 441 feet to a point 1007 feet East of the Southwest corner of said section, being a strip of land 150 feet .wide, 75 feet on East side of the above described center line. 'NOTE: This correction is necessary to clarify and correct the legal description of the property conveyed in Section 36, Township 5 North, Range 63 West of the 6th P.M. also known by street and number as N/A , with all its appurtenances,and warrants)the title to the same,subject to those matters described I:in Exhibit B to the Warranty Deed recorded July 15, 1987 in Book 1163 as Reception •lio. 2107125. . i •1 / 11 Signed •this"Ih�`'^ p day of 7 / f 19 • �1 i . . Fa r, a so known as William D. Farrli t _ STATE OF COLORADO, i. Iss. County of Weld The,fo(e ai lostrumcnt was acknowledged before me this c19�� day of /?t.e ad) ,19 88 i l g C4 II by`Wi-;1S.�:�16ka1so known as William D. Farr. ' I _'+,�,,-OS F _ +� ' /cat p . Witness my hand and official seal. . ��V':c • ... f....... .4 7.o<, �` Kolar,nubs, nf�•t� i• :1 I •1t in Denver.keen"City and." — 1I No.897.REv.12-85. WARRANTY DEED lSbon Form, Bradford Ntdishlny.SW W.66.Arc..take ood.CO B0r14-1031:3)-0500 17.53 . B 1163 REC 02107125 07/15/87 10:02 18.00 1/006 AR2Y073.2S F 1011 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO WARRANTY DEED W. D. FARR, also known as William D. Farr ("Grantor"), of Greeley, Colorado, in consideration of the Covenant Not to Sue for liability and deficiency judgment under two Promissory Notes (the "Notes") executed on May 1, 1979, and July 31, 1984, respectively, in the principal sum of $3,500,000.00 and $1,100,000.00, respectively, the Deeds of Trust securing said Notes ("Deeds of Trust"), the other documents securing said Notes, and for other good and valuable consideration in hand paid, the adequacy and sufficiency of which are hereby acknowledged, hereby sells and conveys to THE TRAVELERS INSURANCE COMPANY, a Connecticut corporation ("Grantee"), its successors and assigns, whose legal address is Post Office Box 8161, 2121 North California Boulevard, Suite 1000, Walnut Creek, California 94596, the real property and improvements located thereon in the County of Weld, State of Colorado, as described on Exhibit A attached hereto and incorporated t herein by this reference, with all its appurtenances, and warrants the title to same, except for taxes for 1986 and subsequent years, which shall be the sole obligation of Grantee; and those items shown on Exhibit B attached hereto and incorporated herein by this reference. This Deed is an absolute conveyance and grant of title, the Grantor hav- ing sold and conveyed the above real property and improvements to Grantee for a fair and adequate consideration, such consideration, in addition to that above-recited, being the Covenant Not to Sue for liability and deficiency judgment under the obligations secured by the Deeds of Trust. Grantor further declares that this conveyance is freely and fairly made and that there are no agreements, oral or written, other than this Deed between Grantor and Grantee and that certain Deed in Lieu of Foreclosure Settlement Agreement between Grantor and Grantee dated of even date herewith with respect to the above real property and improvements. Grantor further acknowledges fair and adequate consideration given for its waiver of all redemption and cure rights permitted by law. Grantor and Grantee state that it is their intention that the interest of the Grantee in the property under this Warranty Deed and the Deeds of Trust securing Grantee, its successors B 1163 REC 02107125 07/15/87 10:02 y18.00 2/006 F 1012 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO and assigns, shall not merge, and that said Deeds of Trust shall remain in full force and effect until specifically released. EXECUTED this lir- day of July 1987. W. D. Farr, -{ also known as William D. Farr STATE OF (IJOT() --in ) > ss: COUNTY OF h)e/rl :.The foregoing instrument was acknowledged before me this ____ day of Julr'1'3$:7,.by W. D. Farr, also known as William D. Farr. „;>if11TNES§ my hand and official seal.'Tx Commission expires: /o �-,7pa s) l': t'. V .TSEAL1 - otary Public (/ /a:2 g ',c —2— S 1163 REC 02107125 07/15/87 10:02 18.00 3/006 F 1013 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT A PARCEL I: The following properties are all located in Township 4 North, Range 62 West of the 6th P.M., Weld County, Colorado: Section 3: NW 1/4 Section 5: All Section 7: All Section 17: N 1/2 N 1/2 and the S 1/2 NE 1/4 Section 18: N 1/2 N 1/2 PARCEL II: The following properties are all located in Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado: Section 1: All Adopting the dividing line between Sections 2 and 3, and 10 and 11, all in Township 4 North, Range 63 West of the 6th P.H., Weld County, Colorado, as being the center of the established county road running North and South near or between the said Sections: Section 2: NE 1/4 SE 1/4, NE 1/4, N 1/2 NW 1/4, That part of the S 1/2 NW 1/4, the NE 1/4 SW 1/4, the W 1/2 SE 1/4 and the SE 1/4 SE 1/4, which lies North of the right of way of The Union Pacific Railroad Company; Section 12: NE 1/4, E 1/2 SE 1/4, E 1/2 NW 1/4 except that part thereof lying West and South of Union Pacific Railroad Right of Way. That part of the W 1/2 NW 1/4 and the W 1/2 SE 1/4 of Section 12, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado, lying North of The Union Pacific Railroad Company right of way. TOGETHER with a non—exclusive right of way for a roadway for ingress and egress to lands above described lying North of the right of way of The Union Pacific Railroad Company In Section 2, Township 4 North, Range 63 West of the 6th P.M., Weld County, Colorado, said right of way more particularly described as follows: Commencing at the intersection of the West line of said Section 2 and the right of way of The Union Pacific Railroad Company: thence running Southeasterly along the Southerly line of The Union Pacific • Railroad Company right of way, using the private access farm road there • located, to a point where there is an established crossing, over and across the railroad tracks of The Union Pacific Railroad Company, a distance of one-half mile, more or less. That part of the W 1/2 SE 1/4 of Section 12 lying South of the right of way of the Union Pacific Railroad Company and North and East of the South Platte River. Section 3: The SW 1/4 of Section 3, and that part of the SE 1/4 of Section 3 lying South and West of the Empire Canal, also known as The Empire Inlet Ditch, also known as The Empire Outlet Canal, said parcel also being described as that part of . the S 1/2 of Section 3 lying South of The Empire Inlet Ditch, also known as The Empire Outlet Canal, also known as The Empire Canal, and that part of the NW 1/4 and the SW 1/4 of the NE 1/4 lying South of The Empire Inlet Ditch; also that part of the NE 1/4 lying North of the right of way of The Union Pacific Railroad Company. Section 10: NE 1/4 except that part lying South and West of Highway 34. That part of the NW 1/4 lying North and East of Highway 34. PARCEL III: The following properties are all located in Township 5 North of Range 63 West of the 6th P.M., Weld County, Colorado: Section 13: All Section 22: All Section 23: All CONTINUED B 1163 REC 02107125 07/15/87 10:02 18.00 4/006 F 1014 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Section 24: All Section 25: All Section 27: All except the SW 1/4 SW 1/4 Section 34: The E 1/2 E 1/2 NW 1/4 and all that part of the SW 1/4 of Section 34 described as follows: Beginning at a point on the North line of said SW 1/4, 1675 feet East of the Northwest Corner; thence running Southeasterly, parallel with the East line of said SW 1/4, to a point on the North line of the right of way of The Union Pacific Railroad Company; thence Southeasterly along said North line of said right of way to the East line of said SW 1/4; thence North on said East line to the Northeast Corner of said SW 1/4; thence West on the North line of said SW 1/4 to the Point of Beginning, all in Weld County, Colorado. Section 35: All Section 36: SW 1/4 except 5 8/10 acres. PARCEL IV: The following properties are all located in Township 5 North, Range 62 West of the 6th P.M., Weld County, Colorado:Section 17: All Section 18: All Section 19: All Section 20: All Section 21: All Section 29: All Section 31: All Section 33: All • Section 3: W 1/2 E 1/2 Section 15: W 1/2 E 1/2 and the W 1/2 PARCEL V: TOGETHER WITH the following Easements over: That certain tract of land being 50 feet in width through Section 8 in Township 4 North, Range 62 West of the 6th P.M., and that certain tract of land being 50 feet in width through the SW 1/4 of the SW 1/4 of Section 6 in said Township and Range, said two tracts containing 5.92 acres, more or less, and being described in that certain right of way deed from the State of Colorado, dated January 18, 1918, to Meadow Farms Company. That certain tract of land, being 50 feet in width, conveyed by Quit Claim Deed from C.W. Beggs and others, recorded on August 23, 1918 in Book 479 at Page 353, described as follows: A tract of land 50 feet wide, extending 25 feet to the left or North side and 25 feet to the right or South side of the following described center line to wit: Beginning at a point on the right bank of the Riverside Canal which point is the center of the head gate at the point of diversion of The Brooks Land and Cattle Company's Ditch from the said Riverside Canal, from which said point the Southeast corner of said Section 21, Township 5 North, Range 63 West of the 6th P.M. bears South 86°01' East a distance of 4385 feet, more or less; thence from said initial point on the bank of the said Riverside Canal South 00°56' East a distance of 45 feet, more or less, to a point on the South boundary of the Riverside Canal right of way; thence continuing South 00°56' East a distance of 35 feet, more or less, to a point; thence South 66°09' East a distance of 535 feet, more or less, to a point on the South line of said Section 21, which point is located a distance of 3885 feet, more or less, North 89°53' West along the South line of said Section 21 from the Southeast corner of said Section. PARCEL VI: Township 4 North, Range 63 West of the 6th P.M.; That part of Section 11 lying North and East of the right of way of the Union Pacific Railroad Company. -2- B 1163 REC 02107125 07/15/87 10:02 y18.00 5/006 F 1015 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO AND TOGETHER WITH THE FOLLOWING DESCRIBED WATER RIGHTS: (a) What is commonly known as the Illinois Ditch, together with the right to divert 22 cubic feet of water per second of time from said South Platte River, as of January 1, 1878, being Priority No..11 in Water District No. 1, and being the same priority here- tofore decreed to said Illinois Ditch, as modified by the decree of the District Court of said Weld County, made June 23, 1917, permitting the water under said priority to be diverted at and by the headgate of the Riverside Canal, and also as .modified by Consent Decree, recorded on the '27th day of September, 1978, in Book 846 under Reception No. 1767922, Weld County, Colorado records. (b) Also, the Meadow Farms Ditch, the Meadow Farms Seepage Ditch, and the Meadow Farms Highline Extension Ditch, together with the water rights pertaining thereto, map and statement of which ditches were filed in the office of the State Engineer of Colorado and approved by him on the 26th day of October, 1917, his number . being 12,103. (c) New England Livestock Company Right, formally known as Riverside Ditch #32, with an adjudicated direct flow right from the South Platte River for 16 cubic feet per second, with a priority date of November 29, 1886. (d) Also together with two shares of The Lower Latham Ditch Company, two and one-quarter shares of The Lower Latham Reservoir Company, and two shares of The Lower Latham Extension Ditch Company. ALSO TOGETHER WITH all other ditches, ditch rights, reservoirs, reservoir rights and water rights appertaining to or used in con- nection with said lands or any of them, including irrigation wells, • as follows: (a) Two irrigation wells more specifically described in adjudication decree recorded on December 28, 1973 in Book 705 under Reception No. 1627333, Weld County, Colorado records. (b) All wells listed in adjudication decree, Case No. W-2982 in the Water Court in and for Water Division I, State of Colorado more specifically described in instrument recorded on the 27th day of September, 1978, in Book 846 under Reception No. 1767923, Weld County, Colorado records except wells listed in said instrument as #2, #7, #19 and #23, all of which excepted wells are located on lands owned by the State of Colorado and leased to grantor. ALSO TOGETHER WITH Easements over: That certain tract of land being 50 feet in width through Section Eight (8) in Township Four (4) North, Range Sixty-Two • (62) West, 6th P.M. , and that certain tract of land being 50 feet in width through the Southwest Quarter (SWh) of the Southwest Quarter (SW4) of Section Six (6) in said Township and Range, said two tracts containing 5.92 acres, more or less, and being described in that certain right of way deed from the State of Colorado, dated January 18, 1918, to Meadow Farms Company. That certain tract of land, being 50 feet in width, containing 0.67 acres, more or less, and being described in that certain Quit Claim Deed from-C. W. Beggs and •others, recorded on August 23, 1918, in Book 479 at page 353, of the records of the office of the County Clerk of said Weld County, ALSO TOGETHER WITH any and all other easements for rights of way, of whatever character, used in connection with the above- described land or any part thereof, whether of record or in place. -3- B 1163 REC 02107125 07/15/87 10:02 $18.00 6/006 F 1016 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT B Deed of Trust from DEMING DOAK AND RUTH DOAK to the Public Trustee of Weld County for the use of THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, A NEW JERSEY CORPORATION, to secure the face amount of $490,000.00, dated JANUARY 8, 1968 and recorded JANUARY 11, 1968 in BOOK 590 as RECEPTION NO. 1511894. (Affects all of Parcels 1 and 4, and part of Parcels 2 and 3) Deed of Trust from ALBERT CROISSANT AND ERMA JEAN CROISSANT to the Public Trustee of Weld County for the use of TEE EQUITABLE LIFE ASSURANCE SOCIETY OP THE UNITED STATES, to secure the face amount of $110,000.00, dated MARCH 17, 1970 and recorded MARCH 23, 1970 in BOOK 622 as RECEPTION NO. 1544245. (Affects part of Parcel 2) Together with all easements, if any, reservations, mineral deeds and roadways of record, right-of-ways, agreements, leases and other matters of record. tio- RReccoorrded of-.—.1.12-...—....o'clock r a • •. Re:.Nn. .f v J 3roir of Colorado, Wald Courtly Clerk Cr Recorder CS CR • STATUTORY FORM SPECIAL WARRANTY ri• .. DEED I THE TRAVELERS INSURANCE CCINPANY, a Connecticut corporation , • • 1 whose street address is One Tower Square , City or Town of ~ Hartford j , County of Hartford and State of Connecticut r- for the consideration of Ten dollars, in hand paid, • 00 hereby sell(s) and convey(s) to W. D. Farr, also known as William D. Parr, • • ri whose street address is P. O. Box 878 • , City or Town of Greeley , County of Weld ri. • • q and Stato of Colorado the following real property in the .j.: o County of Weld and State of Colorado, to wit: R. i An undivided fifty per. cent (50%),interest in and to those lands described in H Exhibit A attached hereto and incorporated herein by reference, subject to,deeds Sy a�' of trust securing promissory notes payable to Equitable Life Assurance Society a of the United States, The Prudential Insurance Company of America and Scott Realty . ' Co. (assigned to'Albert Croissant) having approximate principal balances of I-. $77,150,.$408,600, and $85,000 respectively; 1979 taxes payable in 1980; all i • reservations, easements, rights of way, previous conveyances for ditches, canals ' 1 and roadways, Maps'and Sworn Statements accompanying the same, oil, gas and mineral leases, farm leases to Phillip Brooks, Richard Kelley, Dave Bates and Allard Cattle Company; and all other mattors, conditions and restrictions as they now appear on • f\ record. with all its appurtenances and warrant the title against all persons claiming • it' . 6 • . under me. QtMON Docuy Fes Mtn MAY 21979 /' • L ayo,oa 0 Signed this 24th day of April , 19 79 . 04 • •• THE TRAVELERS INSURANCE CO l`l r '� `'y`o'n'•, •'d` 41, Attest: • V IX ,�/,,��JJ-- d OH' 'IX BYab: +i�cKCs �� (Saab Pals Leai (J Blood1ood) Via Premi>iot • • 4r1 44'to.' rr • STATE OF .CONNECTICUT ) ) ss. ' County of Hartford ) Tho foregoing instrument was acknowledged before me this 24th day of April , 1979 , by John B. Bloodgood as mut AltairtPresident and Henry Pals • as/secretary ttt of The Travelers Insurance _. Company, a Connecticut corporation, . My commission expires Miroh 91st, 1981 WITNESS my hand and official seal. /� 1• , • / yti • (P•t 11e ,: .; 1- Q OP• ss iss EXHIBIT A PARCEL fi (The "70 Ranch") TOWNSHIP FOUR (4) NORTH, RANGE SIXTY-TWO (62) WEST OF THE 6TH P.M., WELD COUNTY, COLORADO: Section Three (3): Northwest Quarter (NWk) Section Five (5) : All Section Seven (7) : :.. :. : .. t. All . Section Seventeen (17) : �•.. , , North Half of the North Half (N414) ; South Half of the Northeast Quarter •(SkNEk) Section Eighteen (18) : `•' North Half of the North Half (NkNk) • • TOWNSHIP FOUR (4) NORTH, RANGE SIXTY-THREE (63) WEST OF THE 6TH • P.M., WELD COUNTY, COLORADO: Section One (1) : East Half (Eh) ; Northwest Quarter (NWi) ; scilAhwest Quarter (SW4) except that part thereof, containing 34.47 acres more or less lying South and West of the South Platte River; Section Two (2) : Northeast Quarter of the Southeast Quarter (NEkSEk) ; Northeast Quarter (NEk) ; North Half of the Northwest Quarter (NkNWk) Section Twelve (12) : • Northeast Quarter (NE4) ; East Half of the Southeast Quarter (EkSEk) ; East Half of the Northwest Quarter (EyNWk) except that part thereof lying West and South of The Union Pacific Railroad right of way; Section Fourteen (14) : North Half (Nk) TOWNSHIP FIVE (5) NORTH, RANGE SIXTY-TWO (62) WEST OF THE 6TH P.M., WELD COUNTY, COLORADO: Section Three (3) : The West Half of the East Half (WkEk) Section Fifteen (15) : The West Half of the East Half (WkE4) and the West Half (Wk) Section Seventeen (17) : All Section Eighteen (18) : All Section Nineteen (19) : All Section Twenty (20) : All Section Twenty-One (21) : All • • • • .'ap6N�' '�' r.v . • 1'�991i11 • :i.::. • S3 • • Section Twenty-Nine (29) : All Section Thirty-One (32) : AAA---- Section Thirty-Three (33) : . • AlI TOWNSHIP FIVE (5') NORTH,, RANGE SIXTY-THREE (63) WEST OF THE 6th • P:H., WELD COUNTY, COLORADO: Section Thirteen (13) : �.. All - Section Twenty-Two (22) . • All Section Twenty-Three (23) . All Section Twenty-Four (24).: All ' Section Twenty-Five (25) : . All . Section Twenty-Seven (27) : • • All except the southweAr Quarter of the Southwest Quarter - • - . (SW1/4Swk) Sectiion Thirty-Four (34) : The East Ralf ($;1) and the East Half of the Northwest Quarter(VOA) • Section Thirty-Five (35) : All • ". Section Thirty-Six (36) : The Southwest Quarter of the Southwest Quarter (SWkSW;) except 5 8/10 acres thereof. • PARCEL $2 (Croissant) • Adopting the dividing line between Sections Two (2) and Three (3) , and Ten (10) and Eleven (11) , all in Township Four (4) North, Range Sixty-three (63) West of the 6th P.M. , County of Weld, State of Colorado, as being the center of the established county road running • North and South near or between the said Sections: That part of the Southwest Quarter (SW4) of Section One (1) , Township Four (4) North, Range Sixty-three (63) West of the 6th P.M., County of Weld, State of Colorado, lying West and South of the West and South Bank of the South Platte River as the same traverses said quarter section; • That part of the South Half (S1) of the Northwest Quarter (NW►) , the Northeast Quarter (NE4) of the Southwest Quarter (SW/) , the West Half (W1/4) of the Southeast Quarter (SE►) , and the Southeast Quarter (SE4) of the Southeast Quarter (5E►) , all in Section Two (2) , Town- ship Four (4) North, Range Sixty-Three (63) West of the 6th P.M., County of Weld, State of Colorado, which lies North of the right of way of The Union Pacific Railroad Company; • • • -2_ • , s" 867' 178-*91.71 The Southwest Quarter (SW$) of Section Three (3) , and that part of the Southeast Quarter of Section Three (3) lying South and West of the Empire Canal, also known as The Empire Inlet Ditch, also known as The Empire Outlet Canal, said parcel also being described as that part of the South Half (S1) of Section Three (3) lying South of The Empire Inlet Ditch, also known as The Empire Outlet Canal, also known as The Empire Canal, and that part of the Northwest Quarter (NWT) and the Southwest Quarter (SW4) of the Northeast Quarter (NE4) lying South of The Empire Inlet Ditch; also that part of the Northeast Quarter (NE4) lying North Of the right of way of The Union Pacific Railroad Company; all in Section Three (3) , Township Four (4) North, Range Sixty-Three (63) West of the 6th P.M., County of Weld; State of Colorado; • the Northeast Quarter (NE4) of Section Ten (10), Township Four (4), North, Range Sixty-Three (63) West Of the 6th P.M., County of Weld, State of Colorado; That part of the West Half (WA) of the Northwest Quarter (NW:) and the West Half (W1) of the Southeast Quarter (SEh) of Section Twelve (12) ; Township Four (4) North, Range Sixty-Three (63) West of the 6th P.M., County of Weld, State of Colorado, lying North of The Union Pacific Railroad Company right of way. TOGETHER with a non-' exclusive right of way for a roadway for ingress and egress to lands ' above described lying North of the right Of wal, of The Union Pacific Railroad Company in Section Two (2), Township Four (4) North, Range Sixty-Three (63) West of the 6th P.M., County of Weld; State of Colorado, said right of way more particularly described as follows: • Commencing at the intersection of the West line of said Section Two (2) and the right of way of The Union Pacific Railroad Company; thehce running Southeasterly along the Southerly line of The Union • Pacific Railroad Company right of way, using the private access farm road there located, to a point where there is an established crossing over and across the railroad tracks of The Union Pacific Railroad Company, a distance of one-half mile, more or less. The road right of way hereby granted shall be contingent at all times upon the duty and responsibility of the user to keep closed all gates located on said right of way in order to assure the proper control of livestock. • TOGETHER WITH the improvements thereon in their present condition, ordinary wear and tear excepted, and the appurtenances thereunto belonging, including; but not limited to: THE FOLLOWING DESCRIBED WATER RIGHTS: (a) What is commonly known as the Illinois Ditch, together with the right to divert 22 cubic feet of water per second of time • • from said South Platte River, as of January 1, 1878, being Priority No. 11 in Water District No. 1, and being the same priority here- tofore decreed to said Illinois Ditch, as modified by the decree of the District Court of said Weld County, made June 23, 1917, permitting the water under said priority to be diverted at and by the headgate of the Riverside Canal, and also as modified by Consent Decree, recorded on the 27th day of September, 1978, in Book 846 under Reception No. 1767922, Weld County, Colorado records. (b) Also, the Meadow Farms Ditch, the Meadow Farms Seepage Ditch, and the Meadow Farms Highline Extension Ditch, together • with the water rights perLaini:nj the.eLo, map and statement of which ditches were filed in the office of the State Engineer of Colorado and approved by him on the 26th day of October, 1917, his number being 12,103. (c) New England Livestock Company Right, formally known as Riverside Ditch 1032, with an adjudicated direct flow right from the South Platte River for 16 cubic feet per second, with a priority date of November 29, 1886. -3- 014 861 1 . s (d) Also together with two.shares of The Lower Latham Ditch Company, two and one-quarter shares of The Lower Latham • Reservoir Company, And two shares of The Lower Latham Extension Ditch Company. • ALSO TOGETHER WITH all other ditches, ditch rights, reservoirs, reservoir rights and water rights appertaining to or used in con- nection with said lands or any of them, including irrigation wells, • as follows: • (a) ,Two irrigation wells more specifically described 'in adjudication decree recorded on December 28, 1973 in Book 705 under Reception No. 1627333, Weld County, Colorado records. . • (b) All wells listed in adjudication decree, Case No. W-2982 in the Water Court in and for Water Division I, State of Colorado more specifically described in instrument recorded on the 27th day of September, 1978, in Book 846 under Reception No: 1767923i Weld County, Colorado.records except wells listed in said instrument as 12, M7, *19 and 023, all of which excepted wells are located on lands owned by the State of Colorado and leased to grantors predecessor 'in title: ALSO TOGETHER WITH Easements over: That certain tract of land being 50 feet in width through Section Eight (8) in Township Four (4) North, Range Sixtr,Two (62) West, 6th P.M., and that certain tract of land being 50 feet in width through the Southwest Quarter (SA) of the Southwest Quarter (SWit) Of Section Six (6) in said Township and Range, said two tracts containing 5:92 acres, more or less, and being described in that certain right of way deed from the State of Colorado, dated • January 18, 1918, to Meadow Farms Company. • • That certain tract of land, being 50 feet in width, containing _ 0.67 acres, more or less, and. being described in that certain Quit Claim Deed from C. W. Beggs and others, recorded on August 23, 1918, in Book 479.at page 353, of the records of the office of the County Clerk of said Weld County. ALSO TOGETHER WITH any and all other easements for rights of . way, of whatever character, used in connection with the above- described land or any part thereof, whether of record or in place. • SUBJECT TO: All reservations, easements, rights of way, previous conveyances for ditches, canals and roadways', Maps and Sworn Statements accompanying the same, oil, gas and mineral leases, farm leases, and all other matters, conditions, and restrictions as they now appear of record or as they may be ascertained by physical examination of the premises; subject also to 1979 general taxes and thereafter. • • • -4- R Recorded at /..Q. ' o'ci kAr.� MAY g..1911., o ti 86'1' xeapttm No 17691'Y0..._..•. uar..t. R S-/ Recorder. a ..— —1Wid.futh Colorado KNOW ALL MEN 1W THESE PRESENTS,'That GEORGE L. ALLARD a CO., a Colorado Iof the Count of Corporation . y Weld ,and State of Colorado, for the consideration of Otter Good and Valuable Consideration and Ten ($10.00)—Dollars •' In hayie id,hereby sell Sn d convey to 'THE TRAVE1,g g INSURANCE COMPANY neo a '; went, Colorado cozen r a CGTInBCtltnrt'I o of the County of Hartford rata•end state of Connecticut s a the following real property,situate in the County of Weld ti and State of Colorado, to-wit: ' e-1 s e An undivided twenty per cent (20%) interest in and to those lands more particularly described in Exhibit A • e• attached hereto and by reference made a part hereof.• o� a . to Reserving however, unto Grantor, its successors and v4, o assigns forever, an undivided one-half (50% of 20%) cr cr -' of all oil, •gas, hydrocarbons and other minerals owned by Grantor at the time of execution of this instrument, ' in, on or under the above described premises, together •, - with the right of ingress and egrets over and across s�+ Si- .said lands for the purpose of exploring for and . ' producing said minerals. a • Stale Docutaxsory Fes ' ' Dins MAN ' 21979 t...,.../Q9.o _ with all its appurtenances, and warrant the title to the same, subject to 1 unpaid principal balances on promissory notes in the amounts of $77,150, d ' $408,600 and $85,000 in favor of Equitable Life Assurance Society of the United States, The Prudential Insurance Company of Ameriba and Scott Realty Co. (Croissant) , respectively, and which are secured by Deeds of ' Trust. (Accrued interest on said notes has been adjusted to May 1, 1979.) r. Subject also to 1979 taxes payable in 1980; and subject to all reservations; , easements, rights of way, previous conveyances for ditches, canals and . romdways, Maps and Sworn Statements accompanying the same; oil, gas and ...c ,,.. Za}'•,ceases, farm leases, and all other matters, conditions, and T`.estrd.,i't ns as they now appear of record. .. t i 8)L,•f a.Lqigliee and delivered this 1st day of Hay ,A. D.1979 w''•.A S7r r, Q)Q L. ALLARD 6 CO. (SEAL) G_ '••• a .....• 44, °.. ...cy,�lW` .tY.e' c''! �a.r•d FM—I.:— n ne t'.! LL, 4-nr • tb i'star ..(SEAL) {SEAL) ..STATE OF COLORADO,) • COLNTI"°pi"'•W,?LD. ss, • • .,thelarpgot % trument was acknowledged before me this...1st day of May r' t9 \ e lttEO L. ALLARD and ROXANA E. ALLARD, as President and "tz ; a : edy>� ary, respectively of GEORGE L. ALLARD 6 CO. • `. r a1'f ' 'S ydnoui and official scat. ' c •.tt3•p a,,,,rAeStP aspires soy Commlulon Expires Aug. 8,1881 ".,,,,,.,...,1,....,, / .7 • 4 .�aa,,a.:a.:1,6.....Z . ..O Lea Notary Public. •II by natural parson or persona herein inert tame or names;;U by person,acting hi representative or official capacity or as attorney.in•fact, then insert mine or person as executor, attorney-N.fut or other capacity or description; If by officer of corporation, then Intact name of such office or officers.a+the prcrident or oilier officer,of suet.corporation,ram. Ing it.• • STATUTORY ACKNOWLEDGMENT,SESSION 1927. , • WA DEED .-Statutory Form 86'7 • 799111) EXHABIT PARCEL 01 (The "70 Ranch") • TOWNSHIP FOUR (4) NORTH, RANGE SIXTY-TWO (62) WEST OF THE 6TH P.M., WELD COUNTY, COLORADO: Section Three (3)': Northwest Quarter (NWk) Section Five (5): All Section Seven (7): All .. • • Section Seventeen (17): Worth Half of the North Half (N$Nk), South Half of the Northeast Quarter (8kNEk) Section Eighteen (18): North Half ofthe North Half (NkNy) TOWNSHIP FOUR (4) NORTH, RANGE SIXTY-THREE (63) WEST OF THE 6TH • P.M., WELD COUNTY, COLORADO: Section One (1): • East Half (Eh) ; Northwest Quarter (NWk) ; Southwest Quarter (Swk) except that part thereof, containing 34.47 acres more or less lying South and West of the South Platte River; . Section Two (2) : Northeast Quarter of the Southeast Quarter (NEkSEk) ; Northeast Quarter (NEk) ; North Half of the Northwest Quarter (NkNWk) . • - Section Twelve (12): Northeast Quarter (NEk) ; East Half of the Southeast Quarter (EkSEk); East Half of the Northwest Quarter (EkNWk) except that part thereof lying West and South.of The Union Pacific • Railroad right of way; • Section Fourteen (14) : North Half (Nk) • TOWNSHIP FIVE (5) NORTH, RANGE SIXTY-TWO (62) WEST OF THE 6TH P.I4., WELD COUNTY, COLORADO: • Section Three (3) : The West Half of the East Half (WkEk) Section Fifteen (15) : The West Half of the East Half (WkEk) and the West Half (Wk) Section Seventeen (17) : All Section Eighteen (18) : All • Section Nineteen (19) : All. Section Twenty (20) : All Section Twenty-One (21) : ' hli • • • /VV1I0 • .6--.1 Section Twenty-Nine (29) : ...:. All ' • •Section Thirty-One (31) : • A11 , • Section Thirty-Three (33) : ' All _ • TOWNSHIP FIVE (5) NORTH, RANGE SIXTY-THREE (63) WEST OF THE 6th ..• P.M., WELD COUNTY, COLORADO: • Section Thirteen (13) : All Section Twenty-Two (22) : Section Twenty-Three (23) : ' All ' • Section Twenty-Four (24) : All • Section Twenty-Five (25) : All Section Twenty-Seven (27) ; All except the Southwest Quarter of the Southwest Quarter . . (SW1SW4) ' Section Thirty-Four (34) 1 ' • The East Half (E1/2) and the East Half of the Northwest Quarter • (E1/2NW1/4) Section Thirty-Five (35) : Ari Section Thirty-Six (36) : The Southwest Quarter of the Southwest Quarter (SWkSW4) . except 5 8/10 acres thereof. ' PARCEL #2 • (Croissant) - . Adopting the dividing line between Sections Two .(2) and Three (3) , and Ten (10) and Eleven (11) , all in Township Four (4) North, Range Sixty-three (63) West of the 6th P.M., County of Weld, State of Colorado, as being the center of the established county road running North and South near or between the said Sections: That part of the Southwest Quarter (SWk) .of Section One (1) , Township Four (4) North, Range Sixty-three (63) West of the 6th P.M., County of Weld, State of Colorado lying West and South of the West and South Bank of the South Platte River as the same traverses said quarter section; That part of the South Half (S1) of the Northwest Quarter (NHk) the Northeast Quarter (NE4) of the Southwest Quarter (SWg), the West Half (W1) of the Southeast Quarter (SEA) , and the Southeast Quarter (5E►) of the Southeast Quartet (SEA) , all in Section Two (2), town- ship Four (4) Northo Range Sixty-Three (63) West of the 6th P.M., • e ! County of Weld, State of Colorado, which lies North of the right of way of The Union Pacific Railroad Company; • •,•r--, I.:, +�. • --' 1789170 O4869• s-v • The Southwest Quarter (SWk) of Section Three (3), and that part of the Southeast Quarter of Section Three (3) lying South and West of ' the Empire Canal, also known as The Empire Inlet Ditch, also known as The Empire Outlet Canal, said parcel also being described as that part of the South Half (Sk) of Section Three (3) lying South of The Empire Inlet Ditch, also known as The Empire Outlet Canal, also .known as The Empire Canal, and that part of the Northwest Quarter (NWk) and the Southwest Quarter (Mk) of the Northeast Quarter (NEk) lying South of The Empire Inlet Ditch; also that part of the Northeast Quarter (NEk) lying North of the right of way of The Union • Pacific Railroad Company; all in Section Three (3) , Township Four (4) North, Range Sixty-Three (63) West of the 6th P.M., County of Weld, State of Colorado; The Northeast Quarter (NEk) of Section Ten (10) , Township Pour (4) North, Range Sixty-Three (63) West of the 6th P.M:, County of Weld, State of Colorado; • That part of the West Half (Wk) of the Northwest Quarter (WW1/4) and • the West Half (Wk) of the Southeast Quarter (SE%) of Section Twelve (12), Township Four (4) North, Range Sixty-Three (63) West of the • 6th P.M., County of Weld, State of Colorado, lying North of The Union Pacific Railroad Company right of way. TOGETHER with a non- exclesive•right of way for a roadway for ingress and egress to lands above described lying,North of the right of way of The Union Pacific Railroad Company in Section Two (2) , Township Four (4) North, Range . Sixty-Three (63) West of the 6th P.M., County of Weld, State of Colorado, said right of way more particularly described as follows: Commencing at the intersection of the West line of said Section Two (2) and the right of way of The Union Pacific Railroad Company; ' • thence running Southeasterly along the Southerly line of The Union Pacific Railroad Company right of way, using the private access farm • road there located, to a point where there is an established crossing over and across the railroad tracks of The Union Pacific Railroad Company, a distance of one-half mile, more or less. The road right of way hereby granted shall be contingent at all times upon the duty and responsibility of the user to keep closed all gates located on said right of way in order to assure the proper control of livestock. TOGETHER WITH the improvements thereon in their present condition, ordinary wear and tear excepted, and the appurtenances thereunto belonging, including, but not limited to: • THE FOLLOWING DESCRIBED WATER RIGHTS: ' • (a) What is commonly known as the Illinois Ditch, together with the right to divert 22 cubic feet of water per second of time from said South Platte River, as of January 1, 1878, being Priority No. 11 in Water District No. 1, and being the same priority here- tofore decreed to said Illinois Ditch, as modified by the decree of the District Court of said Weld County, made June 23, 1917, permitting the water under said priority to be diverted at and by the headgate of the Riverside Canal, and also as modified • by Consent Decree, recorded on the 27th day of September, 1978," in Book 846 under Reception No. 1767922, Weld County, Colorado records. (b) Also, the Meadow Farms Ditch, the Meadow Farms Seepage Ditch, and the Meadow Farms };ighline Extension Ditch, together with the water rightss pertaining thereto, map and statement of which ditches were filed in the office of the State Engineer of Colorado and approved by him on the 26th day of October, 1917, his number being 12,103. (c) New England Livestock Company.Right, formally known as • • Riverside Ditch 432, with an adjudicated direct flow right from the South Platte River for 16 cubic feet per second, with a priority date of November 29, 1886. -3- 8� 86'T • 17891 (d) . Also together with two shares of The Lower Latham Ditch Company, two and one-quarter shares of The Lower Latham Reservoir Company, and two shares of The Lower Latham Extension Ditch Company. ALSO TOGETHER WITH all other ditches, ditch rights, reservoirs, reservoir rights and water rights appertaining to or used in con-' ;motion with said lands or any Of them, including irrigation wells, as follows: • (a) Two irrigation wells more specifically described in adjudication decree recorded on December 28, 1973 in Book 705 under Reception No. 1627333, Weld County, Colorado records. (b) All wells listed.:in adjudication decree, .Case WO. W-2982 in the Water Court in and for. Water Division I, State of CO/OridO more;specifically described in instrument: recorded on the 27th .. day of September, 1978,, in Book 846 under'Reception No. 1767923, . • . Weld County„Colorado records except wells listed in said instrument as #2, #7, #19 and #23, ail of which excepted wells are located on lands owned by the State of Colorado and leased.to grantor. I ,ALSO TOGETHER WITH Easements over: • That certain tract of land being 50 feet in width through Section Eight (8) in Township Four (4) North, Range Sixty-Two . (62) West, 6th P.M., and that certain tract of land being 50 feet in width through the Southwest Quarter (SW$) Of the Southwest ' Quarter (SW$) of Section Six (6) in said Township and Range, said two tracts containing 5.92 acres, more or less, and being described in that certain right of way deed from the State of Colorado, dated ' January 18, 1918, to Meadow Farms Company. • That.certain tract of land, being 50 feet in width, containing• 0.67 acres, more or less, and being described in that certain Quit Claim Deed from C. W. Beggs and others, recorded on August 23, 1918, in Book479.at page353,. of the records of the office of the County Clerk of said Weld County. ALSO TOGETHER WITH any and all other easements for rights of way, of whatever character, used in connection with the above- described land or any part thereof, whether of record or in place. SUBJECT TO: All reservations, easements, rights of way, • previous conveyances for ditches, canals and roadways, Maps and Sworn Statements accompanying the same, oil, gas and mineral leases, farm • leases, and all other matters, conditions, and restrictions as they • now appear of record or as they may be ascertained by physical examination of the premises; subject also to 1979 general taxes and ' thereafter. • • • • -4- • • $ . . . • • 3,5 o 00 867,Recorded at ,td o'ct Rill....._ MAY 21979 o 1'789169�f 0 W Reception No �Colwoecdoorder.�C 2 . S=L-- Wfd County. KNOW ALL MEN BY THESE PRESENTS,That GEORGE L. ALLARD and ROXANA E. ALLARD, ' 8usband and Wife of the County of Weld ,and State of Colorado, ar I for the consideration of Other Good and Valuable Consideration and Tan ($10.00)— Dollars I Os In ham 1 ald,hereby seThand convey to- THE d"TRat RS INSURANCE COMPANY, a Connecticut; leaf Lincoln ,t. Denver, Colors e JUL 47, of the County of Hartford ' Ccalzia,tifilla State of Connecticut • a the following real property, situate in the • County of weld ti and State of Colorado, to-wit: .i • • • • An undivided fifteen per cent (15%) interest in and to • those lards more particularly described in Exhibit A attached. hereto and by'reference made a part hereof.' q a a. o' Reserving however, unto Granters, their heirs, Personal a a Representatives and assigns forever, an undivided' one-half o • (50% of 15%) of all oil, gas, hydrocarbons and other ' 0 • minerals owned by. Grantors at the time of execution of ' ' l • this instrument, in, on or under the above described . ato premises, together with the right of ingress and egress Pa •over and across said lands fcr the purpose of exploring . . . y g , for and .producing said minerals. a wa.Sic% Docuray . Do ' (�G Date..MAY 21979 �� with all its appurtenances, and warren': the title to the same, subject to unpaid principal balances on promissory notes in the'amounts of $71,150, 8408,600 and.$85,000 in favor of Equitable Life Assurance Society of the United States, The Prudential Insurances Company of America and Scott Realty Co. (Croissant) , respectively, and which are secured by Deeds of ,Trust. (Accrued interest on said notes has been adjusted to May 1,. 1979.) Subject also to 1979 taxes payable in 1.980; and subject to all reservations, easements, rights of way, 'previous conveyances for ditches, canals and roadways, Maps and Sworn Statements accompanying the same, oil, gas and mineral leases, farm leases, and all other matters, conditions, and restrictions as they now appear of rec,rd. • Signed and delivered this let et day of May Y�t -194.-c-13- ,A.D, 39 79 i ,G`r,.w�/RGE L. RLLLAARD, Husband t'I,.b_6z.r.e._. L-(iefti (SEAL) NA E. AL RD,'4ife ..... .................................... .. .._ (SEAL) ..S'TA'FF. OF COLORA00, COli ,ti�fl5 : LD. }ss. • a ,...... '•ft'% . ;°QF \I gPlyn6°ir airement was acknowledged before n e this 1st (Jaya( May i9'�'h8, W'A-•o• G$CRGE L. ALLARD and ROXANA E. ALLARD — I.• R .i t • — 03I; SSsliWcpariti and official seal. . °•dfy',5t9trrt 1 i11: �espireldy TAmmiWoa Ernes Aug. 8,1002 �1 Notary Public. •il I.s natural person or persona Lereli, Inacrl name or I amen if by oennns acting in representative or official capacity or as atmrney-hnfaeq then Insert name or person as emu or, attorney-iu-fact or other capacity or description; If by officer of corporation,then insert name of such office or offi,en,as the president or other officers of such corporation,cam* i inn it.•- STATUTORY ACKNOWLEDGMENT,SESSIC N 1927. ' WARRANTS,'DEED -•Statutory Form • • 17891696,1 • _ y486� EXHIBIT A f�+` PARCEL {1 .. • (The "70 Ranch") TOWNSHIP. FOUR (4) NORTH, RANGE SIXTY-TWO (62) WEST OF THE 6TH P.M., WELD COUNTY, COLORADO: Section Three (3)': Northwest Quarter (NW4) - Section Five (5): All • Section Seven (7) : All Section Seventeen (17) : North Half of the North Half (NhN4) , South Half of the Northeast Quarter(54NE4) Section Eighteen (18) : North Half of the North Half (N4N4) TOWNSHIP FOUR (4) NORTH, RANGE SIXTY-THREE (63) WEST OF THE 6TH P.M., WELD•CODNTY, COLORADO: Section One (1): • East Half (Eh); Northwest Quarter (NW4) ; Southwest Quarter __ • (SW4) except that part thereof, containing.34.47 acres more or less lying South and West of the South Platte River; Section Two (2): Northeast Quarter of the Southeast Quarter (NE4SE4) ; Northeast Quarter (NE4) ; North Half of the Northwest Quarter (N4NW4) Section Twelve (12) : Northeast Quarter (NE4) ; East Half of the Southeast Quarter (E4SE4); East Half of the Northwest Quarter (E4NW4) except that part thereof lying West and South of The Union Pacific Railroad right of way; • Section Fourteen (14) : North Half (Nh) TOWNSHIP FIVE (5) NORTH, RANGE SIXTY-TWO (62) WEST OF THE 6TH • P.M., WELD COUNTY, COLORADO: Section Three (3) : The West Half of the East Half (W4Eh) Section Fifteen (15) : The West Half of the East Half (W4E4) and the West Half (W4) Section Seventeen (17) : All • Section Eighteen (18) : • ' All Section Nineteen (19) : All All Twenty (20): -. Section Twenty-One (21) : hll •• goat 867 17'891695,8 Section Twenty-Nine (29) : All • Section Thirty-One (31): All Section Thirty-Three (33) : -All TOWNSHIP FIVE (5) NORTH, RANGE SIXTY-THREE (63) WEST OF THE 6th , . P.M., WELD COUNTY, COLORADO: Section Thirteen (13) : All Section Twenty-Two (22): • All ASectin Twenty-Three (23) : ' Section Twenty-Pour (24): All Section Twenty-Five (25) : All . • Section Twenty-Seven (27) : ' All except the Southwest Quarter of the Southwest Quarter (swkswk) Section Thirty-Four (34) : • The..East Half (Eh) and the East Half of the Northwest Quarter (EkNWk) Section Thirty-Five (35) : • All Section Thirty-Six (36) : The Southwest Quarter of the Southwest Quarter (SWkSWk) except 5 8/10 acres thereof.• - PARCEL #2 (Croissant) • Adopting the dividing line between Sections Two (2) and Three (3) , and Ten (10) and Eleven (11) , all in Township Four (4) North, Range • Sixty-three (63) West of the 6th P.M., County of Weld, State of Colorado, as being the center of the established county road running North and South near or between the said Sections: That part of the Southwest Quarter (SWk) of Section One (1) , Township Four (4) North, Range Sixty-three (63) West of the 6th P.M., County , of Weld, State of Colorado, lying West and South of the West and South Dank of the South Platte River as the same traverses said quarter section; That part of the Northeast tQuarter h(NEk) ofk the fSouthwest hQuarter west a(SWk),rter Nthe West Half (WA) of the Southeast Quarter (SEk) , and the Southeast Quarter (SEk) of the Southeast Quarter (SEk) , all in Section Two (2) , Town- ship Four (4) North, Range Sixty-Three (63) West of the 6th P.M., County of Weld, State of Colorado, which lies North of the right of-way of The Union Pacific Railroad Company; • • • i .�...:c. �..":.:n...?a-._•— ,—. i r .v „. 1 .:a i .. Via:-7:'-T-rr .a-'a • e86'? 118915 f The Southwest Quarter (SWh) of Section Throe (3) , and that part of the Southeast Quarter of Section Three (3) lying South and West of the Empire Canal, also known. as The Empire Inlet Ditch, also known as The Empire Outlet Canal, said parcel also being described as that part of the South Half (Sk) of Section Three (3) lying.South of The Empire Inlet Ditch, also known as The Empire Outlet Canal, also known as The Empire Canal, and that part of the Northwest Quarter (NW:) and the Southwest Quarter (5W;)' of the Northeast Quarter (NE1) lying South of The Empire Inlet Ditch; also that part of the Northeast Quarter (NE1) lying North of the right of way of The Union Pacific Railroad Company; all in Section Three (3) , Township Four (4) North, Range Sixty-Three (63) West of the 6th P.M., County of Weld, State of Colorado;. The Northeast Quarter (NE1) of Section Ten (10) , Township Four (4) • North, Range Sixty-Three (63) West of the. 6th P.M., County of Weld, State of Colorado; - That part of the West Half (Wl ) of the Northwest Quarter (NW4) and the West Half (W1) of the Southeast Quarter (5E$) of Section Twelve (12), Township Four (4) North, Range Sixty-Three (63) West of the 6th P.M., County of Weld, State of Colorado, lying North of The Union Pacific Railroad Company right of way. TOGETHER with a non- e xclusive right of way for a roadway for ingress and egress to lands above described lying North of the right of way of The Union Pacific Railroad Company in Section Two (2) , Township Four (4) North, Range Sixty-Three (63) West of the 6th P.M. , County of Weld, State of Colorado, said right of way more particularly described as follows: Commencing at the intersection of the West line of said Section Two (2) and the right of way of The Union Pacific Railroad Company; thence running Southeasterly along the Southerly line of The Union Pacific Railroad Company right of way, using the private access farm road there located, to a point where there is an established crossing over and across the railroad tracks of The Union Pacific Railroad Company, a distance of one-half mile, more or less. The road right of way hereby granted shall be contingent at all times upon the duty and responsibility of the user to keep closed all gates located on said right of way in order to assure the proper control of livestock. • TOGETHER WITH the improvements thereon in their present condition, ordinary wear and tear excepted, and the appurtenances thereunto belonging, including, but not limited to: • THE FOLLOWING DESCRIBED WATER RIGHTS: (a) What is commonly known•as the Illinois•Ditch, together with the right to divert 22 cubic, feet of water per second of time from said South Platte River, as of January 1, 1878, being.Priority No. 11 in Water District No. 1, and being the same priority here- tofore decreed to said Illinois Ditch, as modified by the decree of the District Court of said Weld County, made June 23, 1917, permitting the water under said priority to be diverted at and by the headgate of the Riverside Canal, and also as modified by Consent Decree, recorded on the 27th day of September, 1978, in Book 846 under Reception No. 1767922, Weld County, Colorado records. (b) Also, the Meadow Farms Ditch, the Meadow Farms Seepage Ditch, and the Meadow Farms Highline Extension Ditch, together with the water rights pertaining thereto, map and statement of which ditches were filed in the office of the State Engineer of Colorado and approved by him on the 26th day of October, 1917, his number being 12,103. (c) New England Livestock Company Right, formally known as Riverside Ditch 132, with an adjudicated direct flow right from the South Platte River for 16 cubic feet per second, with a priority date of November 29, 1886. -3- 0:0 867' 1749169 • (d) Also together with two shares of The Lower Latham Ditch Company, two and one-quarter shares of The Lower Latham Reservoir Company, and two shares of The Lower Latham Extension Ditch Company. ALSO TOGETHER WITH all other ditches, ditch rights, reservoirs, • reservoir rights and water rights appertaining to or used in con- nection with said lands or any of them, including irrigation wells, as follows: (a) Two irrigation wells more specifically described in adjudication decree recorded on December 28, 1973. in Book 705 under Reception No.. 1627333, Weld County, Colorado records. (b) All wells listed in adjudication decree, Case No. W-2982 in the Water Court in and for Water Division I, State of Colorado more specifically described in instrument, recorded on the 27th day of September,. 1978, in Book 846 under Reception No. 1767923, • Weld County, Colorado records except wells listed in said instrument as #2, #7, #19 and 123, all of which excepted wells are located on lands owned by the State of Colorado and leased to grantor. .ALSO TOGETHER WITH Easements over: . • That Section Eight t(B) ina Township nFour i(4)SNorth, Range d Sixtyth -Twouooh (62) West, 6th P.M., and that certain tract of land being 50 feet in width through the Southwest Quarter (SW:) of the Southwest ' Quarter (Silk) of Section Six (6) in said Township and Range,.said, two tracts containing 5.92 acres, more or less, and being described ' in that certain right of way deed from the State of Colorado, dated January 18, 1918, to Meadow Farms Company. • That.certain tract of land, being 50 feet in width, containing . 0.67 acres, more or less, and being described in that certain Quit Claim Deed from C. W. Beggs and others, recorded on August 23, 1918, in Book 479 at page 353,. of the records of the office of the County Clerk of said Weld County. ALSO TOGETHER WITH any and all other easements for rights of way, of whatever character, used in connection with the above- described land or any part thereof, whether of record or in place. • SUBJECT TO: All reservations, easements, rights of way, • • previous conveyances for ditches, canals and roadways, Maps and Sworn Statements accompanying the same, oil, gas and mineral leases, farm leases, and all other matters, conditions, and restrictions as they now appear of record or as they may be ascertained by physical .14 examination of the "' Premises; subject also to 1979 general taxes and thereafter.• • • • • • -q- . ~•.,' :i ,......i', :.�.''. `,:•._.x:1..'1 7:'i.,.';'.` ..: • .. '• .i'+.E. '5= .d_:.. •!,'iM.7�s' ";'t ._ 1 „S,y;s• Y•Yr,cr"1•> .Fr "X=��:`"` ...1j.._::t .:t�~��:x _ 't .1. 15 •'.I_L., d.Y:.,1.. •i. I.. tq i i"s.: , i;..' •r*,r 7'jt.r.F -yy.a:::,,,:,._ ;'•itr; TD'S�, �8+ 2•T ;..y' !'�.'• �,�'..�.•.. ;,�,.. 'F ,r> e.• !�,y� t',., �•M' .,,.is . �1'f n�S 1{-..y'�.-,y"� `t"..}i'�"iJY.ig1.F�.:.i.Y..s,.•.,. �:.�•1',.,:.T'� ..� ..•'t. ,.7 � . i� �.. d:.': :.% ,deAlt,'l'S.yt?4.4•. Yl�f.• :�C.k� �.itt�. >�:F,_'t ••e�:::,...is t':1:: o �% MAY 2 1979 • —' •c U i Recorded at..,..•,LO o'clock.JaAki. Ca -' r4 867 Reception No......l7:$9.1Ai .. 4.tf.!' !., Recorder./t, _ S:/ .�.^ 1W�Id Coun'ry, Colorado _ KNOW ALL MEN BY THESE PRESENTS,That GEORGE L. ALLARD and ROXANA E. ALLARD 1 of the County or Husband and Wife ,and State of Colorado, cr i Weld for the consideration of Other Good and Valuable Consideration and Teat ($10.00)--Dollars o• I in hoar raid ;her sell ancdconvey r L to ,TO�E TRAVILUA4 INSURANCE COMPANY, a Connecticut 1o6u Lincoln st. cove ; o ors o Corporation co of the County of Hartford ,and State of Connecticut• • •o rn the following real property,situate in the County of weld y. : .1 and State of Colorado,to-wit: • • • An undivided fifteen percent: (151) interest in and to • those linda more particularly described in Exhibit A • `n attacheI hereto and by reference made a part hereof. ' .o o g2 Reserving however, unto Grantors, their heirs, Personal •+ o Representatives and assigns forever, an undivided one-half 0 N (508 of 156) of all oil, gas, hydrocarbons and other n ' IS minerals owned by Grantors at the time of execution of .. this instrument, in, on or under the above described ° - ct premises, together with the right of ingress and egress i S over and across said lands for.the purpose of exploring '}' 4 A w, for and producing said minerals. g =" %r • ' .Y (This instrument was executed and de:.ivered in exchange for deed from Grantee herein conveying a tract of :.and located in the Northeast Quarter of Section 21, Township 6 North, Range 67 West of the 6th P.M., Weld County, Colorado; and Lot. a, Weld County Recorded Exemption 00803-25-3-RE362). ' 7• 5 with all its appurtenances, and warrtnt the title to the same, subject to It `, ', ' unpaid principal balances on promissory notes in the amounts of $77,150, ,, $408,600 and $85,000 in favor of equitable Life Assurance Society of the v United States, The Prudential Insurance Company of America and Scott 7. 'Realty Co. (Croissant) , respectively, and which ate secured by Deeds of !'; 3' Trust. (Accrued interest on said notes has been adjusted to May 1, 1979.) il. Subject also to 1979 taxes payable in 1980; and subject to all reservations, i• easements, rights of way, previous conveyances for ditches, canals and ' roadways, Maps and Sworn Statemerts accompanying the same, oil, gas and mineral leases, farm leases, and all other matters, conditions, and • .i• ,restrictions as they now appear of record. I- fn of A.D.19 79 Signed and delivered this is t Y' H�g� , .; _?•:::.. `✓ 111- ' r. . ...(SEAL) George L. Allard, Husband t. (SEAL) � Roxapa E. Allard, Wife a• x,6,i, •,.:....v: •(.r< . „ie r,t (SEAL) ;,, ` .STATE OF COLORADO,' J ;, COUNTY OF WELD. ss' ,t , o�1 ien;(brtibkny•inarutnent was acknowledged before me this...is•t.....day of Hay `. ,r7 ik9, 1Or••,Aeorge L. Allard and Roxana E. Allard f- e ill�; n�ynnd and official sold. ^1 ' " ifPan t�Ihssikil rspir •'i \ fly fammiuloa Eapirol Aug D,198'L i d Notary rulic. t • si •If h} natural PR'runn or pesos herein in>ert uaulc or,anus;it Ly person+aping in rcprracn:atire or official rapadty or al.attorney-in-fact, Dieu Inure rove or person as executor, attor,sy-ill-fact or oihrr capacity nr description; it by officer 1d corporation,then insert name of such ohice or officer.,a.the pres'dcot or alher nlficir.pf such corporation,iaon r: . In it.• • STATUTORY ACKNOWLEDGMENT,SESSION 1927. •1 WARRANTY DEED•-Statutory Form 0l ':1 ,t"A-:.Lov..tirl,;G:,.". :'le Y: � •1;;1 •`, 41 it '�"k :' ' RF''"rr'" 0; ''?.V.; f .ii, ... tiilt:le. Z,.i.. `� i .•tt 4.»4 :, .k♦♦ ai'•r:,, 1' .i 7 4 r, 'L l �.. `;'1': - '°r -R• Y�'.gr ..,..it••�o.!1 • • i�.`*-''':•ti.V!.KX - �' ..;i ce ,l.., •;!'i:•;•:,...,•,.. ..4--KR' .}r ;t4-1rl• .3• ,,.. .r )! f o,,,a 'r.:•. `S';E .. � ilfer`i'>ti',.1.: :r>}:, .7 "J`ii .J .. ' `!"':�r;oii 1'.l.....,A„„•1\,..•-•7• �`°;; _i i...-- ;tiR'�:r•.••r• ''all -:A: '•.: .7?; •.L';L� '\[;• :any.: R: .,.,'I. :;1;6.. t,.•,\ 6.41,tF' .\.',.p... ..r':,1'. ' h vr.;,:..:...,..„•:......1 ..a.•?:'ri•+N•ati.r.7i S,if r iS_;2 Rr{'t'i!'.-+ .� ti .....••. .. •t. ;:t';. r.t'.:i r n:F1t• {`"• Y4r i R.i.—4•• ( t r i.3.;r_sc.�r c•`. ::f..+".s:i.gtr'S�i �s!'�•,�ir✓':.F�^i''��.' s�::�: 86( i.; • $X![ZBL'i A 1789168 `' PARCEL 1 • 5--m ''I. • (The "70 Ranch") • ' TOWNSHIP FOUR (4) NORTH, RANGE SIXTY-TWO .(62) WEST OF THE 6TH P.M., WELD COUNTY, COLORADO: 'fr.. s Section Three (3) : l ' Northwest Quarter (NIP) rA. Section Five (5) : All Section Seven (7) : All • Section Seventeen (17) : +'� North Half of the North Half (NI}N1/2), South Half of the r • Northeast Quarter (SANE)) i, Section Eighteen (18) : Nort Hal of the North Half (NON ) " TOWNSHIP FOUR (4) NORTH, RANGE SIXTY-THREE (63) WEST OF THE 6TH !?:ii P.M., WELD COUNTY, COLORADO: Section One (1): I":" East HA1 E ;f. Northwest Quarter (NW4) ; Southwest Quarter ��• (SW/, except that part thereof, containing 34.47 acres more vA + ; or less lying South and West of the South Platte River; s. --s r . Section Two (2) : F' • Northeast Quarter of the Southeast Quarter (NE►,;SEA) ; Northeast Quarter (NEh) ; North Half of the Northwest 0'. Quarter (NON{VAS} .i:� Section Twelve (12): r: ��— ,�,. Nor east Quarter�NE1) ; East Half of the Southeast Quarter "' (EASE;j) ; East Half of the Northwest Quarter (E N{P ) exce t R that part thereof lying West and South of The Union Pacific A'•. Railroad right ''` ' of way; �:': 4r)': Section Fourteen (14) : W. O) `" North Half (WO firs!mill • • • TOWNSHIP FIVE (5) NORTH, RANGE SIXTY-TWO (62) WEST OF THE GTH '"'' P.M., WELD COUNTY, COLORADO: '+�'''' Section Three (3) : f*. `' The West Half of the East Half (SP EC) ` :. Section Fifteen (15) : 4 :':{ • The West Half of the East Half (WLIE1/2) and the West Half (W11) a�`>. �y" Section Seventeen (17) : •`' All — I) ." Sec tion Eighteen • (18) : gig All Section Nineteen (19) : r _,r; All Ni i1?r ��'i Section Twenty (20) : inn\ UT 1 �.,Rl Section Twenty-One (21): •.+.. Rll tt';', :H.....•!Ief*3 ,4t111?►'t�t .'1•• It-y�?ni 0. �•�• missx�4?1't"0,'�y`t05.7t ii�h:wx,r,—,q. r h�iw:4 h' >. ,r.c..•• . • t: :?. _a•A., •,••'N'i • �:t t.e J�r�'•a;' 5•y4. ,f sa.i -.� ��1qq1. �}i'�'� tii.:' .R:..:1: �:i:','"•••••••• rr- 'P ', , ...:"N'1j. R"aY'1,*s, "..:;I r!..* -I-VI,Vty i' �:w T.�,il: ,tr 's• )�J 11S...q.: "'tr••{ tyr.":! . : •• T x.'71.F.a�• �AY's` ��+,tf•:,�•�:. .f... 'f'.<C l: . .. • 1'789168 5° 867 g73 Section Twenty-Nine (29) : All Section Thirty-One (31) : All Section Thirty-Three (33): All • TOWNSHIP FIVE (5) NORTH, RANGE SIXTY-THREE (63) WEST OP THE 6th ' P.M., WELD COUNTY, COLORADO: Section Thirteen (13) : All • Section Twenty-Two (22): All Section Twenty-Three (23): All Section Tweny-Four (24) : All Section Twenty-Five (25) : All • Section Twenty-Seven (27); All except the Southwest Quarter of the Southwest Quarter c • (SW1/4SWh) Section Thirty-Four (34) : • . The East Half (Eh) and the East Half of the Northwest Quarter (EhNW4) Section Thirty-Five (35) : • All Section Thirty--Six (36): !) The Southwest Quarter of the Southwest Quarter (SWaSW4) ;a' except S 8/10 acres thereof. ;: PARCEL 42 (Croissant) Adopting the dividing line between Sections Two (2) and Three (3) , and Ten (10) and Eleven (11), all in Township Four (4) North, Range Sixty-three (63) West of the 6th P.M. , County of Weld, State of Colorado, as being the center of the established county road running North and South near or between the said Sections: That part of the Southwest Quarter (St41t) of Section One (1), Township . Four (4) North, Range Sixty-three (63) West of the 6th P.N., County I.- • of Weld, State of Colorado, lying West and South of the West and South Dank of the South Platte River as the same traverses said quarter section; • That part of the South Half (S3) of the Northwest Quarter (NWT) Ij. the Northeast Ouarh.r (NE4) of the Southwest Quarter (SW$), the West Half (W4) of the Southeast: Quarter (SE4) , and the Southeast Quarter (SEh) of the Southeast Quarter (SEA) , all in Section Two (2) , Totivn- ship Four (4) North, Range Sixty-Three (63) West of the 6th P,M., 1 County of Weld, State of Colorado, which lies North of the right f`. of way of The Union Pacific Railroad Company; • • • -2- • • y 6. d�'�� ti ♦tN✓ r:is,aT{t k. ;y Y i • -ti .'.,07.4.1.',1;:;.%, r ,..C i :I'�•' �: terry'�i.�:n :'iY '.. r '�'.l: .. ' .. . '�y'.�•' .';::::;.t.;" .:!;.:', fit. ti' i•.• .,.,,::ark - 1T ,J.5i. i %i't.. .h .},y=•.'i fi'' tin,•R�Yy ri,.r.:a• Y' i i !:. , J'•• �',tUj•':: .rr !tj°;ytn� A .�.� .�+ It;, � •S. •*.! 3`�.:'lf...i�•r..,t; ,j.+ •1�i:,.. :-Sw.'*' '� 3�" ,�.. • :J.�tJ'S:.k �+.'?'ydil'tr��.�yi� .� �>': `>ra.. r�1rtSS s�� uffy�r`y.r•f ,•r'''1;}.,�' :�.'I:•� / > �ffaJ. S?S• t"::".."4":;.1..1 a(,.rr`.[. :>Y11. ,t.� r �S'z, tf t (+'`i�.':af...'i.. .•''�_''1', ; As �� •.:.:t X.kn ".1}1 ' c500.867 ;:'': 1'789168 i�' The Southwest Quarter (SA) of Section Three (3), and that part of '.••• the Southeast Quarter of Section Three (3) lying:South and West of ':' the Empire Canal, also known as The Empire Inlet Ditch, also known '• as The Empire Outlet Canal, said parcel also being described as ; -,.. that part of the South Half (S1/2) of Section Three (3) lying South of ' • The Empire Inlet Ditch, also known as The Empire Outlet Canal, also '''`.' known as The Empire Canal, and that part of the Northwest Quarter r:' ' (NWT) and the Southwest Quarter (Sigh) of the Northeast Quarter (NE! ) lying South of The Empire Inlet Ditch; also that part of the '4"• Northeast Quarter (NE4) lying North of the right of way of The Union +,z''.,. Pacific Railroad Company; all in Section Three (3) , Township Four (4) North, Range Sixty-Throe (63) West of the 6th P.M., County of Weld, State of Colorado; The Northeast Quarter (NE%) of Section Ten (10), Township Four (4) • ii;.,. North, Range Sixty-Three (63) West of the 6th P.M., County of Weld, 't?' State of Colorado; That part of the West Half (W1) of the Northwest Quarter (NW}) and !!-': the West Half (Wfs) of the Southeast Quarter (SE4) of Section Twelve '=' .. (12) , Township Four (4) North, Range Sixty-Three (63) West of the r . fir"• 6th P.M., County of Weld, State of Colorado, lying North of The f:A�;'. Union Pacific Railroad Company right of way. TOGETHER with a non- •i-u,,' '; exclusive right of way for a roadway for ingress and egress to lands '..ii4: • • above described lying North of the right of way of The Union Pacific .- t:•. Railroad Company in Section Two (2), Township Four (4) North, Range °air ; • Sixty-Three (63) West of the 6th P.M., County of Weld, State of ' .. Colorado, said right of way more particularly described as follows: � • , Commencing at the intersection of the West line of said Section Two '(1: ' (2) and the right of way of The Union Pacific Railroad Company; V thence running Southeasterly along the Southerly line of The Union 'r^'-Y•- Pacific Railroad Company right of way, using the private access farm t;•:;; • • road there located, to a �''%' point where there is an established crossing• over and across the railroad tracks of The Union Pacific Railroad �t:=4r` • Company, a distance of one-half mile, more or less. The road right Y : of way hereby granted shall be contingent at all times upon the duty '')?• and responsibility of the user to keep closed all ''P Ygates located on � t= said right of way in order to assure the proper control of livestock. r ;.r TOGETHER WITH the improvements thereon in their present condition, � Ji yf;•:,.. ordinary wear and tear excepted, and the appurtenances thereunto g,!Y. ' belonging, including, but not limited to: +`;''•': 1,:°d; w� THE FOLLOWING DESCRIBED WATER RIGHTS: - . i•" (a) What is commonly known as the Illinois• Ditch, together with the right to divert 22 cubic feet of water g per second of time ,;1,.;;.; from said South Platte River, as of January 1, 1878, being Priority :.: ' No. 11 in Water District No. 1, and being the samepriority ''' y'` here- ".,. 'tel.,....; tofore decreed to said Illinois Ditch, as modified by the decree ,,;:::•, of the District Court of said Weld County, made June 23, 1917, .4 -.. ' permitting the water under said priority to be diverted at and by the headgate of the Riverside Canal, and also as modified fr'.S.r:. by Consent Decree, recorded on the 27th day of September, 1978, t'W'l' ,,y.1 in Book 846 under Reception No. 1767922, Weld County, Colorado ` '! records. (b) Also, the Meadow Farms Ditch, the Meadow rarms Seepage '� .. ��Y ,;- Ditch, and the Meadow Farms Highli.ne Extension Ditch, together ` °i r,' with the water rights pertaining thereto, map and statement of which EuL.V' •=-LL• ditches were filed in the office of the Slate EngineeL of Culeredu c:-.K. and approved by him on the 26th day of October, 1917, his number , �J' being 12,103. ,•.• (o) New England Livestock. Company Right, formally known as r;:r • Riverside Ditch #32, with an adjudicated direct flow right from the South Platte River for 16 cubic feet per second, with a priority i ,{:;: date of November 29, 1886. ;;. • -3- :t'• ,� ..�•. r r e...it .... . � tea , / {r.,r y1 � • �ya:7-. r •; -♦ ti`.i.. arc r' , a s -ii }':,fin': iii . y }. f 5 't . s: 4, ...e. } i v•i�� iaf :4!•-J' }. ,!;I: 4f1 t # .t..,s T .. ):' - tit ei. .•:N. tr}t ,':'�:.y};.1.:1',x. '�f:..,-0.,..:4;:,,,,:::!...-..,.i:••••••,...- •�i,i...•.� '•r ^.1S•w't.. car ^•i";::' '.tt"2+".:� �::;.•:i�'• .1..•..';: .:,, •,ft.' •;4 ny �[!'...'d:y. rear. .'.... ^'{:.;•p.. ;s•_:•.;!': .1 ... I• ' .y; �r nu'Ar pp ry'C' Sir i 2 :�� •.b;;,. t7 , •� .i,1 jr.u:�i"71'p •Ifyj� 1R`�,..ru n:y�ta••' �.�1 .Cfs s Y':u••r t ;,..';..r (, 1)j .'.1r..A1i I:1 '31 '.u, w ,, i iy h. 1 t 7 t•.•,�,,R, r / { t ri...:'.;:':;;'-...:.,;'.c.'••;•' . • jl't i" k ,l l t br/3. I, �Y: :;:•5�?I f l ttl lIif1' �., If1 r r ..ti 4 r i:r•*'•i ":': '+"• ;(( 'r,+rt�5�¢ } F , r :,1i. 1. :�: '1i. ,,.1.. ii.:ri:l:.p a!=...;tASt;,:t't�"1;' 14'. �'.•t ;c4:'.,'i.t-:'''. •1::•:,;57;:,E:.•:,,":,;.4.7:•••-,,;:•.,i,'r r' t t,1L li'' ..1{• Y3,1„ mire I fK�t t,.w ";itie + �sflri`I {` 4 ASP , Ir tr4 .. '.',7');;T:411,1,;:.;,4•11.y., , i r ,r 1! t�t� ,( 45k( T ; :i t s6:14.‘ tt,}� jC 'j' G • }� � �"i� ,+S¢• EI+ I'M,. • 'i�i3+- l Z!t lit Fl "..%M 6:1"�'., h'A`.9T1's.is,14 f't;7 , ',:11.l'+�44r 1 .,R 6 'Q =4.1.'t •L it ' 1'789168 fill;;?: X 867 s s i1 • • u • (d) Also together with two shires of The Lower Latham y.,;a Ditch Company, two and one-quarter shares of The Lower Latham ,, ' I Reservoir Company, and two shares of The Lower Latham Extension r.•.{IS Ditch Company. ;aj� t ALSO TOGETHER WITH all other ditches, ditch rights, reservoirs, �•.• J• reservoir rights and water rights zppertaining to or used in con-' +.t,. nection with said lands or any of them, including irrigation wells, + ` as follows: 't (a) Two irrigation wells more specifically described in :IY adjudication decree recorded on December 28, 19 , 73 in Book 705 under Reception No. 1627333, Weld County, Colorado records. 'k`•l;• (b) All wells listed in adj .lication decree, Case No. W-2982 xt,;.) • in the Water Court in and for Water Division I, State of Colorado r't,1�/ more specifically described in instrument recorded on the 27th r;•: ' day of September, 1978, in Book 841 under Reception No. 1767923, y°k '�`.Y _ Weld County, Colorado records except wells listed in said instrument as #2, 17, #19 and 423, all of which excepted wells are located on Flt �;;•. :II lands owned by the State of Colorado and leased to grantor. r 1 :' ALSO TOGETHER WITH Easements over: J.N. t. t,'_ That certain tract of land being 50 feet in width through l'., Section Eight (8) in Township Four: (4) North, Range Sixty-Two ;:. << (62) West, 6th P.M., and that cei .ain tract of land being 50 feet t,1�rr> Vi in width through the Southwest Quarter (SW4) ci the Southwest 1 t •"• Quarter (St'1;) of Section Six (6) in said Township and Range, said „:'•:, • f; two tracts containing 5.92 acres, mere or less, and being described :'?1 in that certain right of way deed from the State of Colorado, dated 1ii C". January 10, 1918, to Meadow Farms Company. ,' .;11 .4; �1= .14 That certain tract of landr being 50 feet in width, containing p'�' 1: 0.67 acres, more or less, and being described in that certain Quit 4 !?;4 vet Claim Deed from C. W. Beggs and ethers, recorded on August 23, 1919, •• . in Rook 479 at page 353, of the records of the office of the County F, +,�t .? Clerk of said Weld County. '!F .: ALSO TOGETHER WITH any and nil other easements for rights of 'r4„:s5 way, of whatever character, used in connection with the above- ..'.4 described land or any part thereof, whether of record or in place. .,1- r.• !.'- SUBJECT TO: All reservations, easements, rights of way, ' l' previous conveyances for ditches, crnals and roadways, Naps and Sworn t o t,?y Statements accompanying the same, oil, gas and mineral leases, farm fib`, •r'1@: leases, and all other matters, conditions, and restrictions as they :0! no:o appear of record or as thz; may be ascertained by physical I ' ` examination of the premises; subject also to 1979 general taxes and S3j thereafter. � •,, I:i:§i '',..-!'1, ti rs+. a.f :1n .• 4. ,.,; ,:%::i4': }r �''�1S „t• J.7r� a>ra c.tr• y i,,:' *~r'•z. tY t'1,.'r;ts 1 •..- �'.,:471X14.44.".11-,c 47 }}3,1-�� 3y1 N Yii 3 yt11 • t•r 1 )Y W�5 1.1','•1 • t4•,`'::-,,5..1.:•,'c, t li' tl :r�'i•-jit +�we�>• ?� 7 �.• ,(. =?til 1.y +i G'I Tt"t ,,yy tr rat) ;...;:.,...•:•,1::.:. l.li: ', Y.. , . Ott t,•t•a I t- , •'..�"t�k•,r��tj1�ltLt eR li� ,tt 7S nN1 ,: 9'f<" K >, ,t Marr'�e{4 ,< +`S 1J•�r; �cs•.f1 :'l 7T r••is 6,,, iJ�: .r 4 {%,-kT l' .Rr (4.. lie A, C 7. .-1. agt•'•r;'t t /�f 4a`l G., trc;tili,ipj, y \ ; S��]+f5:zi Zir •�.tF'zi'.1n1 1lt r : '. t"'I'''1: : j 1 'i•' 1 1 N.:',1•s reµ, r,7,5•• iy c ,1{ -l., ti a�+,,,� l� .t i. •-•1,....i.. +', J• r +k r 'r4 J ''r'; '•If ' 1,-'4I 'irod, 1 '+ ,'Ll, 14 }f,+;`ll. r s•` ' •' �it 't t t,(: S4.-!; i e :../:!,;:.:':;:,,-':''`--;•':' ;'.;:1tf�1�,�lr .t}}tir �r;iN,.: .. ., v_,.,,,,.. r }4. e.}t�R 1.0 +n t40.4F� 1..4.a' ..tr wit er&.r.so'a.,~�, w•r:r,:.,r'.,l,r..•'••u�•d; ..r, u,' ,�,.� Recorded at ./.._. 2411tclock.441 _MAC_.. 4,1919 . - . aci • . .. 9•y"':I�7 Reception No 17/163 +4 iktef( Recorder, ,' —..,_ H•-I U. 1N4Id County nayo•y _ KNOW ALL MEN BY THESE PRESENTS,That ALLARD CATTLE COMPANY , of the ' County of Weld • ' ,and Slate of Colorado, ,. ' for the consideration of Other Good and Valuable Consideration and 'ten.($10.00)--Dollars in hand nic hereb•sell and convey to GEORGE L. ALLARD and ROXANA E. ALLARD • IN 'of the 4525 5 5. Pioneer Lane, G'ree1ey, Colorado ,III County of Weld • ,and State of Colorado, reso the following real property,situate in the County of Weld • and.State of.Colorado, to-wit: - . e An.sndiyided thirty per cent (308) interest in and to those 1 nds,more particularly described• in Exhibit A rt attache hereto and by reference made a it . . part.hereof.. : o 1 with all its appurtenances, and warrant the title to the same, subject • ' 'S to unpaid principal balances on promissory notes in the amount of $77,150 in favor of Equitable L'.fe Assurance Society of the United States and $408,600 in favor of The Prudential Insurance Company,of 'America, and which are secured by Deeds of Trust. (Accrued interest qn-said notes has been adjusted to May 1, 1979.) • Subject also to 1979 taxes payable in 1980; and subject to all reservations, easements, rights of way, previous conveyances for ditches, canals and roadways, Maps and Sworn Statements accompanying the same, oil, gas and mineral leases,•farm leases, and all other matters, conditions, and restrictions as they now appear of record. '.' ed and delivered this day of '•' � LA 1st May ,A. D. 1979 ,' li?n,• At.f ;::: OMPA • 4;�yORG gkEIJARD & CO., co-Partner ret1 (S8AL) ••• 'k„ `'•.,1 o% 'C`a n` 1 of t, .(SEAL) y •.......... story AfiD', 'r,' =Ph6 y.ttYer......_.._....(SEAL) "•.,;,SW�'E • COLORADO) 'COUNTY OF WELD. ss • The foregoing Instrument was acknowledged before me this..lot...._,day of May George L. Allard & lRoxaria E. Allard as Pres. & Sec;, respectively, of Geerge 197•9•,;.b,y�fy.,,:•,'��, Allard & Co., a Colo. Corporatim & by George L. Allard, Poxana E. Allard ' ... ocvit 'ail�ly,,hand and official seal. & W. D. Parr. indi��ly, & as Partners in Allard ,, ..''OTfPAt•.. a expirese °y" •P•ai •O•P•6 A'tyCojnmisslat Expires Dee. 19,1982 //�,�jq �f7''�l J� o�,. l•• j��pQ0 re . Notary Public. off•�igia. p.csOn or penal,herein Insert name or name,:U by parsons acting in repnlentallre or official capacity or as ettornspI aac6 then Insert name or perms as executor, attorneydn•fact or oilier capacity or description: If by officer of corporation,then laser:name of such office or officers,as the pre,?dent or otter officers of such corporation,nom- • fag U.•• STATUTORY.ACKNOWLEDGMENT,SESSION 1927. —WARRANTY DEED-•Statutory Form �-- WARRANTY • g00�• � • EXHIBIT A 1799163 PARCEL. 41 (The "70 Ranch") • TOWNSHIP FOUR (4) NORTH, RANGE SIXTY-TWO (62) WEST OF THE 6TH, P.M., WELD COUNTY, COLORADO: Section Three (3) : Northwest Quarter (NWk) Section Five (5): - All • Section Seven (7) : ` Section'Seventeen '.(17) : 'North Half of the North Half (NyNy) , South Half of the Northeast Quarter (s}NEk) Section Eighteen (18): North Half of the North Half (Nos) TOWNSHIP FOUR (4) NORTH, RANGE SIXTY-THREE (63) WEST OF THE 6TH P.M., WELD COUNTY, COLORADO: Section One (1) : .. . East Half (Eh); Northwest Quarter (NWk); Southwest Quarter ' (SWk) except that part thereof, containing 34,47 acres more or less lying South and West of the South Platte. River;.. Section Two (2) ; • Northeast Quarter of the Southeast Quarter (NE4sEk) ; Northeast Quarter (NEk) ; North Half of the Northwest Quarter (NkNWk) Section Twelve (12) : Northeast Quarter (NEk) ; East Half of the Southeast Quarter (EkSEk) ; East Half of the Northwest Quarter (EkNWk)• except that part thereof'lying West and South of The Union Pacific Railroad right of way; Section Fourteen (14): North Half (Nk) TOWNSHIP FIVE (5) NORTH, RANGE SIXTY-TWO (62) WEST OF THE 6TH P.M., WELD COUNTY, COLORADO: Section Three (3) : The West Half of the East Half (WkE$) Section Fifteen (15) : The West Half of the East Half (WhEk) and the West Half (Wk) Section Seventeen (17) : All Section Eighteen (18) : All Section Nineteen (19): All Section Twenty (20): All Section Twenty-One (21) : { hll- x#' 867 1783163. ,. . ' • :` :::.. .::,,.,; ... Section Twenty-Nine (29): ,:, .. All. Section Thirty-One (31) : All . • Section Thirty-Three (33) : f:r,. • . . XI1 _.; ..• ; TOWNSHIP FIVE (5) NORTH, RANGE SIXTY-THREE :(63)�;WEST OF THE 6th.. '••' •P.!(. •WELD COUNTY, COLORADO: .%-• '' Section Thirteen (13) : „ . . ' 11 _ . . . . . . Section Twenty-Two (22) : . Xii . Section Twenty-Three (23) : All . Section Twenty-Four (24) : All . • Section Twenty-Five (25) : All . Section Twenty-Seven (27) : ' All except the Southwest Quarter of the Southwest Quarter ' (sWksw�) ._ Sectian Thirty-Four (34) : t:, . The East Half (E1/2) and the East Half of the Northwest Quarter (VOA) Section Thirty-Five (35) : All • Section Thirty-Six (36) : .The Southwest Quarter of the Southwest Quarter (SW4SW4) except 5 8/10 acres thereof. TOGETHER WITH the improvements thereon in their present condition, ordinary wear and tear excepted, and the appurtenances thereunto belonging, including, but not limited to: THE FOLLOWING DESCRIBED WATER RIGHTS: (a) What is commonly known as the Illinois Ditch, together • with the right to divert 22 cubic feet of water per second of time from said South Platte River, as of January 1, 1878, being Priority No. 11 in Water District No. 1, and being the same priority here- tofore decreed to said Illinois Ditch, as modified by the decree of the District Court of said Weld County, made June 23, 1917, permitting the water under said priority to be diverted at and by the headgate of the Riverside Canal, and also as modified by Consent Decree, recorded on the 27th day of September, 1978, in Book'H46 Under Reception No. 1767922, Weld County, Colorado . records., • r'' ' (b) Also, the Meadow Farms Ditch, the Meadow Farms Seepage • Ditch, and' the Headow Farms Highline Extension Ditch, together withthe water rights pertaining thereto, map and statement of which ' ditches were filed' in the office of the State Engineer of Colorado and epproved:by him on the 26th day of October, 1917, his number being 12,103.;. . • • -2- • , "at" --:. .,:• 1789163 86'7 41-4 • • Cc) New England Livestock Company Right, formally known as Riverside Ditch 032, with an adjudicated direct flow`right' from -• - the South Platte River for 16 cubic feet per second, with a'priority date of November 29, 1886. _ ALSO•TOGETHER WITH all,other ditches, ditch rights, reservoirs, reservoir rights and water rights appertaining to or used in'con- nection with said lands or any of them, including all wells listed . in adjudication.decree, Case No. W-2982 in the Water Court in.and 'for Water Division I, State of Colorado more specifically described in instrument recorded on the 27th day of September, 1978, in Book 846 under Reception No. 1767923,. Weld County, Colorado records , except wells listed in said instrument as.02, 17, 019 and 023, all .of-whichexcepted wells are located on lands Owned'b the State of Colorado and leased to grantor. ALSO TOGETHER WITH Easements over: That certain tract of land being 50 feet in width through Section Eight (8) in Township Four (4) North, Range Sixty-TWo ` ' (62) West, 6th P.M., and that certain tract of land being 50' feet in width through the Southwest Quarter (SWy). of the Southwest Quarter (Pik) of Section Six (6) in said Township and Range, said two tracts containing 5.92 acres, more or less, and being described • in that certain right of way deed from the State of Colorado, dated• , January 18, 1918, to Meadow Farms Company. - That certain tract of land, being 50 feet in width,' containing . 0.67 acres, more or less, and being described in that certain Quit Claim Deed from C. W. Beggs and others, recorded on August 23, 1918, • in Book 479 at page 353, of the records of the office of the County Clerk of said Weld County. ALSO TOGETHER WITH any and all other easements for rights of way, of whatever character, used in connection with the above- described land or any part thereof, whether of record or in place. SUBJECT TO: All reservations, easements, rights of way, previous conveyances for ditches, canals and roadways, Maps and Sworn Statements accompanying the same, Oil, gas and mineral leases, farm • leases, and all other matters, conditions, and restrictions as they now appear of record or as they may be ascertained by physical examination of the premises; subject also to 1979 general taxes and thereafter. U M . t- • . 4O. a"""2 2--- +„, e ,. JUN 7 1973 .o .. a, 161 904 �.w I. er.awaJe . O. I' WARRANTY DEED p,- / I .. a • MARTIN R. ALLARD and ELEANOR IC. ALLARD as Co-Partners in Allard = Cattle Company, of Greeley, County'of Wold and Mate of Colorado, for the consideration e 0, of other good and valuable consideration and Ten Dollars, in band paid, hereby sell .. y r; and convey to W. D. FARR Whose address is Greeley, County d Weld and Mato d ,•• - -. ti Colorado, an undivided one-half interest in and to the following described real property e - H, la the County of Weld and &ate of Colorado, to-wit: r. M, Township Four(4)North. Range Sixty-Two(62)West of the 6th P.M.a a ° __.- v. Weld County, Colorado r• .4 Section Three(3); • Northwest Quarter(NW}) . o Beallon Five(5); All • G . Section Seven(7): All o ' Section Seventeen(17): North Half of the North Half.(N}N}), South Half d the Northeast Quarter • j (9 NE}) r g ''y Section Eighteen(18): North Half of the North Half(NI NI) .• 6677 4I_/ T ,bhp Four(4),Nortb, Range Sixty-Three(63)West of the 6th P.M.. 'I Weld County, Colorado le y� Section One(}); ' East Half(El); Northwest Quarter(NW}); ?,y Southwest Quarter(bw})except that part • II' r there'd,containing 34.47 sores more or e / leap lying South and West of the South Platte River; _---- `s Section Two(2): - Northeast Quarter of the Southeast Quarter • (NEI SE}); Northeast Quarter(NE}); . . : • North Half of the Northwest Quarter(NI NW}); Suction Twelve(12R NoMM..1 Quarter (NT' ); Pant Half f t.N ' . Southeast Quarter(E}SE});East Half of the Northwest Quarter(E}NW})except that . part thereof lying West and South of et3t,it Union Pacific RR right of way; . Section Fourteen(14): North Hail(Ni) __ Township Five(5) North, Range Sixty-Two(621 West of the 6th P.M,, _ Weld County, Colorado All of Sections Seventeen(17), Eighteen(18), Nineteen(19), Twenty(20), Twenty-One(21), Twenty-Nina(29), Thirty-One(91)and Thirty-Three(33); . - • • The Weet Half of the East Ralf(Wi El)of BeeHen Three(9); The West Half .... of the East Half(W}E})and the West Half(W;)of Section Fifteen(15); • Township Five(6) North, Range Sixty-Three(63)West of the 6th P.M,, Weld County, Colorado _ __ All of Sxationo Thirteen(13), Twenty-Too(22), Twenty-Three(29), • Twenty-Four(24), Twenty-Five(26)and Thirty-Five(95); All of Section Twenty-Seven(27)except the Southwest Quarter of the • Southwest Quarter(SW}SW}); The East Half(E})and the East Half • , of the Northwest Quarter(E}NW})of Section Thirty-Four(34); ` • The Southwest Quarter of the Southwest Quarter(SW}SW})except --- a 8/10 acres thereof in Section Thirty-Six(36) - • • • • • " �.�. - r p 1 � 1 • • I . ' 693 1614904 TOGETHER WITH the improvements thereon in their present condition, -f ordinary wear and tear excepted,and the appurtenances thereunto belonging, including, but not limited to: (a) The following described water rights: What la commonly known as the Illinois Ditch, together with the right to divert 22 oubia feet of water per second of time from said South Platte River, as of January 1, 1876, being Priority No. 11 to Water District No. 1, and being , the same priority heretofore decreed to said Bltnofs Ditch, as modified by the decree of the District Court of said Weld County, made June 29, 1917,permitting the water under said priority to be diverted at and by the headgate of the Riverside Canal, Also, the Meadow Farms Ditch,the Meadow Farms Seepage Ditch, and the Meadow Farms Highllne Extension Ditch, together with the water rights per- taining thereto,map and statement of which ditches were filed in the office of the State Engineer of Colorado and approved by him on the 26th day of October, 1917, J. t` his number befog 12,103. f Also all ether ditches, ditch digits, reservoirs, reservoir rights and . water rigid' appertaining to or used in connection with said lands or any of them. (b) Easements over: .That certain tract of land being 60 feet in width through Section 8 in Township 4 North, Range 62 West, Sixth P.M., and that certain tract of land tc) befog 60 feet in width through the SW}of the SW}of Bection 6 in said 7bwnehip and Range, said two tract'contstolog 0.92 acres, more or less, and being described In that certain right of way deed from the State of Colorado, dated January 18, 1918, to Meadow Farms Company. That certain treat of land,being 50 feet in width, containing 0.67 acres, more or less,and being described in that certain Quit Claim Deed from • ' . . C. W. Beggs and others, recorded on August 23, 1918, in Book 479 at page of ins reooraa of tea mice ot tea County Clerk of said Weld County. I Also any and all other easements for rights of way, of whatever character, used in connection with the above-described land or any part thereof; SUBJECT, HOWEVER, to reservations of record,agreements of record, easements In place or of record, 1978 general taxes, payable in 1974, and encumbrance in favor of The Prudential Insurance Company of America on which there is presently • an unpaid principal balance due a$226,500,on SIGNED this 1st day of May, 1979. .l L7i i if iii.'„7 ♦ '.y isbcr 4•- 1%1, Martin R. Allard 61-/ ////.zaa+s4"- Eleanor K. Allard STATE OF COLORADO ) • : SG. . COUNTY OF WELD ) • The foregoing instrument was acknowledged before me tide 7th day of June, • 1979 by Martin R. Allard and Eleanor K. Allard as Co-Partners in Allard Cattle Company. — J - My Ca topires: 48.•e ..; 4 7.s- . ,Wfttcas th • n Exjd and official seal. •":1 N • o00 ; • Notary Public ',..r.'.'..,-":)‘..:1-'1;71.,4":2i --;•"''''-' 3 n-.7~ i r 1.y., :44 ." 7 1�• . }I'i F 3 l ! Y 11 f ! .,..'.ai:11%.• t , •:',;".''''',"-,';-..'..s1,'.•i ,� s!)NV'L :.r. y 1. ,a t •f,sl' ? ,,'i4` tq M1y��. :•�},i.: ;. ;' , t rri i ay .V,:'•":.' '?'� a{ �'f.>a i1 le•X4.. r`r ...'p .' Mt y r .+,,'•,'{•:'• a4/ ri!' �! {s;.rr �, i..i,„•.:.,.< '�C•., ''4r••4, .r:i' .1..l•i?{.►. ;. w :.::r lr ,,"•$'s'• ' :?}'.,:rti;•; l:' '{'• •"f: fit ..•,s..;,. , e . 'i;,r`v3::r..) !'� _''.., ':f:': - ,a:P. 1:." — ;. �...N �. �i�.)w,..,lord. ��:i: ::; w~ WARRANTY DEED ,/ ':?'.i17 '� THIS DEED, Made this 10th day of January, 1968, between DEMING 1:.. l;.•. i .'fir ;.0,t DOAK and RUTH DOAK of the County of Weld and State of Colorado, 4:•:`% '"' of the first part, and ALLARD CATTLE COMPANY of the County of ` ",�� ` ;.;•; ,, Weld, State of Colorado, of the second part: , • t• .. lv,h WITNESSETH, that the said parties of the first part, for and in consideration of the sum of Ten Dollars and other good and it y .1,1" r: E valuable consideration, to the said parties of the first part D',...;!.";... T in hand paid by the aaid party of the second part, the receipt z � Ir\ i'.'+,r''' . " 1` whereof is hereby confessed and acknowledged, have granted, bar- `f'+ •t gained, sold and conveyed, and by these presents do grant, bargain, ��;�;t• • S` sell, convey and confirm unto the said parties of the second 'w': tKi_ :'';:err.:. 8 part, their heirs and assigns forever, the following real property ,.:. xt1 :x. in the County of weld, and State of Colorado, to-wit: {end:rw s�wF.f; a Township 4 N., Range 62 W. of the 6th P.M. 1'``•j: :ti,r•.rt CO '4.4.�J Lria rf Sec. 3: D1W, „!` ,IT'...4, irt •'• .., ,:. , ..f Sec. 5: All; 1" ;•� .t.• .yl9._ sir .bd:•, �' .:F4'i- nr Sec. 7: All; �u Li),, i ',1!'q: Nf Sec. 17: N1/2Naj, SANEk; ,iil•,: C 44F " Sec. 18: N1/211N1/2110 +'a.`h'�•,'' o Township.4 N,, Range 63W, of the 6th P.M. u ,;�;�?sr-,�, v 1.&I- Sec. 1: Eli; NWk; SWk except that part thereor, con- gr ^-? :,....r.'4,::, taining 34,47 acres more or less lying S. &W. ,;,: ."(ie co iei/.; '!' of the South Platte River; '•:'z'^'�_ r +'"r•' Sec. 2: NE-SE NE NNW • `? ti: ati k k' k; 1 k; r•:t .7 ,1.,Y :jy + 4' a Sec• 12:NEk, EkSEk, E Nwk except that part thereof lying ;,' •,.;!..N.,-;,`As W. & S. of Union Pacific RR right of way; V.,;?.',.¢' ;.,t• `i ..a r Sec. 14: Nq • Jr( ,. y l�l •?y+*lt.-.'r • Wgwnahip 5 N., Range 62 W. of the 6th P.M. ` ,...,iM1i i .0%; WWI:Sec. 3: WI: Sec. 19: All; 1 !i.'f"'",let-"i', 't.4. +:;k"' - Sec. 15: W1/2E4, W1; Sec. 20: All; sqa �•rX : '1''.!'-':,. Sec. 17: All; Sec. 21: All; ;,•?•: '% (.; Sec. 18: All; Sec. 29: All; '''°!"."'. Sec. 31: All; j1" .?' : ••-,� Sec. 33: All; � k, qa. :• TOWNSHIP 5 N., Range 63W. of the 6th P.M. cD ,;r• Sec. 13: All; Sec, 27: All except SWk5Wk; ,. Sec. 22: All; Sec. 34: El„ £1Mak; :;,;�;.:—A •'.5`. = Sec. 23: All; Sec. 35: All; k''.a: -.141--4.1%' Sac. 24: All; Sec, 36: SWkSWk except 5 8/10 Fr.6:01- e„i `'�''::�!', Sec. 25: All; acres thereof; % •fi; ft. Y, �` y , r i r 7 J;c.:•. ,;t.: .:: •f..' .r�!ti�:x::_,57 ,..........,•!-,..,-;-..5i rLr,l ,//)l•� 1;: f , Y ;* • tS> Gi, •�;::°, -;:i i••;.,' 1 1 '•r"�~ •'i".l: l:.'!L..41,.: �r..1a + q iL. i f r.5 1. :t! . .i ,,' ; ji,�t I rii ��'J!•.f.:,.,':c.7, ;e,4 tl /%' 1:4,' .ri+ + ,• :.'('54' ;,• i 7, •i.r,'. .j.y4. .M.'1' ~ •:1:,•• '"4i' t� 7. :•:'I '�..•J„ :i./.,.4.., .Jf•'+:.Yt,7._ c43:'S.�.. - ,.�'/::i...:;, r, . .1.+' 2ff'•;Y":{��U vs r �+),%Fi'•-..I>Y ! 1;:�}j1.?•.t\ .a-.��.ql:.: .�7¢e:i,ti uf.. f•, .1:0i``'-' r 3' 4` ':.; ,F p. A.. i!ii :r.. .td •. ,7 .. 4., .(A.;v , "r:.'.'1'+*`•:"':4;L::.ar hr.?k'1R:: ..rY;.c.i.�x; a•l• ". • a .,, :.;,t.. ,'•..(. is\'F.' is Ir 3'. .7. .;'1,; ,.. v,�: Y. ,'•+'. ix: i:A'. ..';•i. . i',..1 sir: . '1.. .1.,..•111.1 '!'/t"�t.' t.y .,et ..7•;,.;:... ...i•:rl; :4'/ i'�.�ii:•_i+ •li! rl •I:+' .Y�J..r'j¢�.!,J::�.�„ 't 1 I :•.�r b',,•!' ._S:{. 'S -,I;G:{i��-;Yr:A%�`'. ./r �. .:fJJ� !:' ,r:5, :r:la' �^ '~ -" L it c�•,� yl. '.L.!,.,,?. .. •:,! .. • �' ,iI'i.' '�Iy. r.'k^„': 'r�r'..,,�. -'_Y?. {: •'' •.•.� ,f:.;: •orth•`••.,a.Fvr {. r�.,I 11 + Y • f,.::t s�';f,..??,.....-..:...1,.....-';• 4, :.4.^:. ':Y.'A:i... v.�:.»Ii�tl }. rr.1 y•:?�.•.'i'., t ♦Jr:±tea ';?:.'4 5 1 .'i ,'4'+%.. tt!.:A•�y'• .r�.' f i'jtif,'• .M•;.,:�a-..r :. :8,:... :r1''6t 4"1 0.,.'.1• •�.,a.,:'• .1Y.; ,7.•:��i: 11.;.-;•,:'1.•-•.;.. ( ;,v; wog 1U11895 :f''�''.f. TOCETHER WITH the improvements thereon in their present con- • ..',: , ' dition, ordinary wear and tear excepted, and the appurtenances ••4t''• r thereunto belonging, including, but not limited to: °-' .A, (a) The following described water rights: What is commonly known as the Illinois Ditch, together ?, l: :.:i ;; %•;' ' • 0 ,.,,. •. with the right to divert twenty-two (22) cubic feet: of water per second of time from said South Platte River, as of :' January 1, 1878, being Priority No. 11 in Water District ' " No. 1, and being the same priority heretofore decreed to said '> Illinois Ditch, as modified by the decree of the District County of said Weld County, made June 23, 1917, permitting ,;:'x. : ':. the water under said priority to be diverted at and by the ^t headgate of the Riverside Canal. ....<':.,:-..;•:...1: ' ' ': Also, the Meadow Farms Ditch, the Meadow Farms Seepage Ditch, : '` '.', %1i' and the Meadow Farms Highline Extension Ditch, together with _ the water rights pertaining thereto, map and statement of :a which ditches were filed in the office of the State Engineer ' 1.: /: of Colorado and approved by him on the 26th day of October, t"•••:it.. 1917, his number being 12,103. Also all other ditches, ditch rights, reservoirs, reservoir rights and water rights appertaining to or used in connection with said lands or any of them. (b) Easements over :: ' � ;' That certain tract of land being fifty feet (50') in ;'.r'.'' width through Section Eight (8) in Township Four (4) North, '.y..:..:s• Range Sixty-two (62) West, Sixth P.M., and that certain •;..:!'. "'.7'.4;•`• tract of land being fifty feet (50') in width through the `'•_:e., t: ..:•:�,;'''i Southwest Quarter of the Southwest Quarter (SWkSWk) of '. l' ,.., Section Six (6) in said Township and Range, said two tracts containing five and ninety-two hundredths (5.92) acres, ', V'`7r'•, more or less, and being described in that certain right of '''•''' way deed from the State of Colorado, dated January 18, 1918, ,,,) /;,t. If'.•';^:•i�;:;` to Meadow Farms Company. ::'•,i•.r; ..f.".f' That certain tract of land, being fifty feet (50') in ';.'' ''' ,.'.: width, •: ' ./ containing sixty-seven hundredths (0.67) acres, more .R..; or less, and being described in that certain Quit Claim ' " Deed from C. W. Beggs and others, recorded on August 23, ,.1.,;: 1918, in Book 479, at page 353, of the records of the r:.:• J:...:':.:,!';, office of the County Clerk of said Weld County. •.)- :*tti:', �.i.•w;..: Also any and all other easements for rights of way, of ";'' whatever character, used in connection with the above described land or any part thereof. '" `•. kV'; ; SUBJECT, HOWEVER, to reservations of record, agreements 7. ii.7;:,,'; of record, easements in place or of record, 1968 general taxes tr .l r • tot WO 1511895 r�: B_3 .":.1. payable in 1969, and encumbrance in favor of The Prudential Insurance Company of America. STATE OF COLORADO ) ) as. COUNTY OF WELD The foregoing instrument was acknowledged before me this 10th day of January, 1.968, by Deming Doak and Ruth Doak. ••.Witness my hand and official seal. Mptl H.�pY"•. /07...,• Liylomnission expires r� '1. Afp'� y • Fa .penq;.:.a .. '"`pU 1 c/�►f Q�� ,Yf ...:epP ' Notary Publirl L. - •+,.aF coy • 8- • '•••M ,lit �.i • Hello