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Home My WebLink About20160091.tiffCERTIFICATE OF CONVEYANCES STATE OF COLORADO COUNTY OF WELD WELD COUNTY DEPARTMENT' OF PLANNING SERVICES Land Title Order No.: SAGE BRUSH, LLC The Land Title Guarantee Company TITLE INSURANCE or ABSTRACT COMPANY 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: SUBDIVISION EXEMPTION NO. 1053, RECRODED AUGUST 9, 2005 AT RECEPTION NUMBER 3311423, BEING MORE PARTICULARLY DESCRIBED IN WARRANTY DEED RECORDED APRIL 8, 2015 AT RECEPTION NO. 4097199 CONVEYANCES (if none appear, so state): Book, 1331 Page 115 Book 1509 Page 553 Reception No. 2393842 Reception No. 2614281 Reception No. 2614282 Reception No. 2614283 Reception No. 2614288 Reception No. 2614290 Reception No. 2614292 Reception No. 3039454 Reception No. 3214454 Reception No. 3311423 Reception No. 3400293 Reception No. 3400294 Reception No. 4097199 This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title, nor an opinion of Title, nor a guarantee Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 29th day of June , 2015 at 5:00 o'clock P.M. LAN DTITLE GUA1 BRIT- ECOM I ANY By: 1., ;1"; .{1A i N..P� Wendy A)Bell, Title Examiner 81952y -p Recorded., L.(4r 26 firmer: �al. MAY 1 HOOKA 31 rAGE115 Reception Nq.``3O`7i ) 8 anra wonusakt ..Recorded. This Deed, `lade uds 10th day of year of our Lord one thousand nine hundred and fifty—two between Jacob H. Ament and Henrietta Anent May in the of the County of Larimer and state of Colorado, of the first part, and Carl Amen and Rachel Amen of the County of Vie and State of Colorado, of the second part: WITNESSETJI, that the said parties of the first part, for and in consideration of the sum of Ten Dollars and other valuable consideration R2b13,21PEZ, to the said panties of the first pelt in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha ye granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said parties of the second part, not in tenancy in common but is joint tenancy, the survivor of them, their assigns and the heirs and assigns of such survivor forever, all the follow- ing described lot or gated of land, situate, lying and being in the County of Meld :1y1 I stn{e of cpm, da. to -wit: Untdivided 1/2 interest in and to: All that part of the Sout11w'est quarter (S"t) of Section Eighteen (la), in Township, Five (5) Forth, Range Sixty-seven (67) West of the Sixth Prir- - cipal Meridian, described as follows; to -wit: Beginning at the Northwest corner of said Southwest 'uarter (ST*) thence East 1663 feet along the North line thereof, thence South 1997 feet more or less, parallel with the East line of said Southwest 7uarter (ST +) to a point on the Northerly right of way line of Union Pacific Railroad Company, thence Southeasterly 9900 feet more or less, along said Northerly right of way line to its intersection with the South line of said Southwest Quarter (SW,;), thence lest 2312.4 feet, more or less along the south line of said Southwest •l Quarter (ST.H to the Southwest corner thereof, thence North 2040 feet, 'more or less, along the West line of said Southwest quarter (S4;l) to the place of beginning, excepting from the above described tract, right of way of Union Pacific Railroad Comoany, and right of way of The Great "'estern Railway and also excepting from said above described tract, a oarcel of land described as follows: Beginning at a point on the South line of said Southwest Quarter (SV'-) 375.4 feet. more or less, West of the Southeast corner of said Southwest uer£er (ST*), said point of neginn being the intersection of the South line of said Southwest Quarter (SVI}tt1)` with the Southerly right of way line of Union Pacific Railroad Company, thence "'est 140.66 feet along the South line of said Southwest Quarter (S"-':) thence North 152 feet to a point on the Southerly right of way line Of said Railroad thence 0outheasterly along said Southerly right of way line 211.2 feet more or less, to the place of beginning, said excepted tract containing 0.18 acres. Also except easement as described in instrument recorded in Book 10'7'/, page 23, weld County Records. Also a right of way for a ditch 10 feet in width along the North line of said Southwest quarter (SD9-) and beginning at a point 1663 feet East of the Northwest corner of said Southwest Quarter (SW-.) and running East 443 feet to a point on the North line of said Southwest Quarter (Sr.4) at the location of a dividing box in a lateral used to carry water to the above described land and land adjacent on the East. Said above described land containing in all 91.95 acres, more or less. Together with an undivided one-half (1/2). interest in 1 1/4 shares of the capital stock of The Farmers Irrigating Ditch and Reservoir Company; and undivided one-half (1/2) interest in .425 cu. ft. of No. 2 water per second of time of appropriation of The Big Thompson Ditch and Manufacturing Company, and transferred to canal of The Farmers Irrigating Ditch and Reservoir Company, also represented by an undivided one-half (1/2) inter: est in 1/6th share of the capital stock of The Big Thompson Ditch and Manufacturing Comoany, with carriage contract therefor by The Farmers Irrigating Ditch and Reservoir Company of the date of April 11 1942, and an undivided one-half (1/2) interest in 10 acre feet of water (out of 20 acre feet) as allotted by The Northern Colorado Plater Conservancy Distri t la, under instrument recorded in Book 1044, at Page 359 Weld County 1?ecords;� Subject, however, to reservations in United States Patent, Public roads, and any and all rights of way, howsoever evidenced, now existing over and across said premises, and subject further to any lien arising by virtue cj !0 di said premises being included within boundaries of Northern Colorado Water Conservancy District and Big Thompson Soil Conservation District. I Viji I 130 lea 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 the estate, right, title, interest, claim and demand whatsoever of the said part yes of the first port, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenapcee. ,. No. 968. WARRANTY SERI). To Joint Tenants —That Quiek•Print Shop, Loveland, Colo,. D SKLD, Inc. SKL14073 WE 1130808-1952.001 BOOK 1331 PA6E116 '1'0 HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, the survivor of them, their assigns, and the heirs and assigns of such survivor for- ever. And the said part ie s of the first part, forthelfeehre a f their heirs, executors, and administrators. do covenant, grant, bargain and agree to and with the said parties of the second part, the survivor of thorn, their assigns and the heirs and assigns of such survivor, that at the time of the ensealieg and delivery of these presents, tiler are well seized of the premises above convoyed, as of good, sure, perfect, absolute and inde- feasible estate of inheritance, in law, in fee simple, and ha ye good right, full power and ]awful authority.to grant, bargain, sell and convey the snore in manner and form aforesaid, and that the same are freo and clear from all former and other grants, bargains, sales, liens, taxes, assessments and incumbrences of whatever land or nature soever. and the above bat gained premises In the quiet and peaceable possession of the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the pvhole or any part thereof, the'said part lea of the first part shall and will WARRANT AND FOREVER DEFEND., EN WITNESS WHEREOF the said parties of the first part ha tee hereunto settheiAand S and seal S the day and year frst chive avri tten. Signed, Sealed and Delivered in the presence of " �� / r SEA I.] C/r.t _. U-0,01te- .. ISEA1.] [SEAL] STATE OF COLORADO, Comely of La rimer ss. 'I'bd foaming inlet ruts, cat was nekuowledgel before me this /0 `-� day of May A.D.'lti)5-2r,uy' 'Jacob H. Ament and Henrietta Anent Lly commission exl+ires>227 6 , 196" Witness my hand and official seal. 'ie Lvnatural n s Ilene Inv if 1Y ev' nelin 'tle alllclel capacity attalnco.i fact. Elmo insert ,n of oaperson executor. atte na n.f e r other oily o dei tliuu if lble ale f •eLutiel. then •s emu of each officer or eleieere. as. the or other officers of such eoq,eraelon. ,amine ft. —Statutory �'Acknowledgment, Session 1a?t. insert 08'7. Pay m 0 2 V 0 0 0 25 -91 -WI a 0 l,.i 0 i F PO N lu E TI -I C', G. U L CII CO to O a a -t 01 Iry us ID 'C T � G V' _ I a: cS nl W -IQ a C.. 0 N • Y UT ri $:-;O 0 i 1 Ft Y CJ c0 • 1/I PrUl d, • Y ri • e 0 (3 C.,U ✓ - fA .r T)Yp :0 NCi�I o e) U a, a) 00 0 GOPfC SKLD, Inc. 5KL14073 WE 1130808-1952.002 l'i.. _•_. ��'.i� DO 0`•�r�.A�„i ____iJ'lock_C1J''� 3', 4eceM�ion -A& .. ..E�___Ann Smmr.. Rarn'd= ADMINISTRATOR'S DEED B00KI509 PAGE553 THIS INDENTURE, Made this 26th day of July in the year of Our Lord One Thousand Nine Hundred and Fifty Eight, between R. I -I. AMEN as Administrator of the Estate of Katherine Amen, Deceased, party of the first part, and CARL AMEN and RACHEL AMEN of the County of Weld, and State of Colorado, parties of the second part, Nitnesseth that WHEREAS, In the County Court of the County of Larimer, in the State of Colorado, on the 7th day of June A.D. 1958 , in the matter of the estate of Katherine Amen, Deceased an order authorizing and directing sale of the Real Estate herein- after described was made and entered of record. AND WHEREAS, The said party of the first part did, on the __1st day of July , A.D. 1958 , sell at private sale, for the total sum of Eighteen Thousand Dollars ($18,000.00), to the parties of the second part, the hereinafter described real estate pursuant to and in full compliance with said order of the Court. A.D. AND WHEREAS, On the 26th day of ,may 1958 , the said party of the first part, as Administrator of said estate as aforesaid, submitted to the said Court a report of such sale so made an aforesaid; AND THEREAFTER, An order confirming the said sale of SKLD, Inc. SKL14073 WE 1283968-1958.001 BooK1509 PAGE554 Real Estate was made and entered of record in the matter of said estate, which order is as follows, to -wit: IN THE COUNTY COURT IN AND FOR THE COUNTY OF LARIMER AND STATE OF COLORADO No. 6618 IN THE MATTER OF THE ESTATE ORDER CONFIRMING OF KATHERINE AM This matter coming on to be heard this day upon the report of the sale at private sale by R. H. Amen, the Adminis- trator.of the above entitled estate, to Carl Amen and Rachel Amen of the following described real estate located (unless otherwise stated) in the County of Weld, State of Colorado: Undivided 1/2 interest in and to: All that part of the Southwest Quarter (SW;;) of Section Eighteen (18), in Township Five (5) North, Range Sixty-seven (67) West of the Sixth Principal Meridian, described as follows; to -wit: Beginning at the Northwest corner of said South- west Quarter (SW*), thence East 1663 feet along the North line thereof, thence South 1997 feet, more or less, parallel with the East line of said Southwest Quarter (SW to a point on the.Northerly right of way line of Union Pacific Railroad Company, thence Southeast- erly 900 feet, more or less, along said Northerly right of way line to its intersection, with the South line of said Southwest Quarter (SW„), thence West 2312.4 feet, more or less along the South line of said Southwest Quarter(Sw) to the Southwest corner thereof, thence North 2640 feet, more or less, along the West line of said Southwest Quarter (SW*) to the place of beginning, excepting from the above described tract, right of way of Union Pacific Railroad Company, and right of way of The Great Western Railway, and also excepting from said above described tract, a parcel of land described as follows: Beginning at a point on the South line of said Southwest Quarter (SW ) 379.4 feet, more or less, West of the Southeast corner of said Southwest Quarter (SW), said point of beginning being the intersection of the South line of said Southwest Quarter (SW) with the Southerly right of way line of Union Pacific Railroad Company, thence West 146.6 feet along the South line of said Southwest Quarter (SW), thence North 152 feet -2- SKLD, Inc. SKL14073 WE 1283968-1958.002 BOOK 1509 PAGE 555 to a point on the Southerly right of 'way line of said Railroad, thence Southeasterly along said Southerly right of way line 211.2 feet, more or less, to the place of beginning, said excepted tract containing 0.18 acres. Also except easement as described in instrument recorded in Book 1077, page 23, Weld County Records. Also a right of way for a ditch 10 feet in width along the North line of said Southwest Quarter (Sw) and beginning at a point 1663 feet East of the Northwest corner of said Southwest Quarter (SW) and running East 443 feet to a point on the North line of said Southwest Quarter (SW ) at the location of a dividing box in a lateral used to carry water to the above described land and land adjacent on the East. Said above described land containing in all 91.95 acres, more or less. Together with an undivided one-half (1/2) interest in 1 1/4 shares of the capital stock of The Farmers Irrigat- ing Ditch and Reservoir Company; and undivided one-half (1/2) interest in .425 cu. ft. of No. 2 water per second of time of appropriation of The Big Thompson Ditch and Manufacturing Company, and transferred to canal of The Farmers Irrigating Ditch and Reservoir Company, also represented by an undivided one-half (1/2) interest in 1/6th share of the capital stock of The Big Thompson Ditch and Manufacturing Company, with carriage contract therefor by The Farmers Irrigating Ditch and Reservoir Company of the date of April 11, 1942, and an undivided one-half (1/2) interest in 10 acre feet of water (out of 20 acre feet) as allotted by The Northern Colorado Water Conservancy District under instrument recorded in Boolc 1044, at Page 359 Weld County Records; Subject, however, to reservations in United States Patent, Public roads, and any and all rights of way, howsoever evidenced, now existing over and across said premises and subject further to any lien arising by virtue of said premises being included within boundaries of Northern Colorado Water Conservancy District and Big Thompson Soil Conservation District. for $18,000.00 cash; and it appearing to the, Court, and the Court finds: that said sale was legally made and fairly conducted; that the sum bid was not disproportionate to the value of the property sold, and was not less than the appraised value; IT IS ORDERED, that said report and sale are confirmed and that the personal representative(s) execute a conveyance of the premises sold and described in said report, and herein, to -3- SKLD, Inc. SKL14O73 WE 1283968-1958.003 BOUK1509 PAGE556 the said purchaser(s) thereof. Done and signed in open court this 26th day of July 19 58 . BY THE COURT: J ROBERT HILLER COUNTY JUDGE, NOW THEREFORE, This Indenture l litnesseth, That the said party of the first part, in consideration of the premises, and the further consideration of the said sum of Eighteen Thousand Dollars ($18,000.00), to him in hand paid by the said parties of the second part, the receipt of which is hereby acknowledged, has sold and conveyed, and by these presents does sell and convey unto the said parties of the second part, not in tenancy in common but in joint tenancy, the survivor of them, their heirs and assigns, all the right, title and interest which the said Katherine Amen had in her lifetime and at the time of her death in and to the following described parcel of land, situate in the County of Weld, State of Colorado, to -wit: Undivided 1/2 interest in and to: All that part of the Southwest Quarter (Sul) of Section Eighteen (18), in Township Five (5) North, Range Sixty-seven (67) West of the Sixth Principal Meridian, described as follows; to -wit: Beginning at the Northwest corner of said South- west quarter (S4), thence East 1663 feet along the North line thereof, thence South 1997 feet, more or less, parallel with the East line of said Southwest Quarter (SW) to a point on the Northerly right of way line of Union Pacific Railroad Company, thence Southeast- erly 900 feet, more or less, along said Northerly right of way line to its intersection, with the South line of said Southwest Quarter (S14;), thence West 2312.4 feet, more or less along the South line of said Southwest Quarter (Swj,) to the Southwest corner thereof, thence North 2640 feet, more or less, along the West line of said Southwest Quarter (sw-k) to the place of beginning, excepting from the above described tract, right of way of Union Pacific Railroad Company, and right of way of The Great Western Railway, and also excepting from said above described tract, a parcel of land described as follows: Beginning at a point on the South line of said -4- SKLD, Inc. SKL14073 WE 1283968-1958.004 800K1509 PAGE557 Southwest Quarter (SW) 379.4 feet, more or less, West of the Southeast corner of said Southwest Quarter (SW4), said point of beginning being the intersection of the South line of said Southwest Quarter (SW*) with the Southerly right of way line of Union Pacific Railroad Company, thence West 146.6 feet along the South line of said Southwest Quarter (SW*), thence North 152 feet to a point on the Southerly right of way line of said Railroad, thence Southeasterly along said Southerly right of way line 211.2 feet, more or less, to the place of beginning, said excepted tract containing 0.18 acres. . Also except easement as described in instrument recorded in Book 1077, page 23, Weld County Records. Also a right of way for a ditch 10 feet in width along the North line of said Southwest Quarter (SW) and beginning at a point 1663 feet East of the Northwest corner of said Southwest Quarter (SWk) and running East 443 feet to a point on the North line of said Southwest Quarter (SW) at the location of a dividing box in a lateral used to carry water to the above described land and land adjacent on the East. Said above described land containing in all 91.95 acres, more or less. Together with an undivided one-half (1/2) interest in 1 1/4 shares of the capital stock of The Farmers Irrigat- ine Ditch and Reservoir Company; and undivided one-half (1/2) interest in .425 cu. ft. of No: 2 water per second of time of appropriation of The Big Thompson Ditch and Manufacturing Company, and transferred to canal of The Farmers Irrigating Ditch and Reservoir Company, also represented by an undivided one-half (1/2) interest in 1/6th share of the capital stock of The Big Thompson Ditch and Manufacturing Company, with carriage contract therefor by The Farmers Irrigating Ditch and Reservoir Company of the date of April 11, 1942, and an undivided one-half (1/2) interest in 10 acre feet of water (out of 20 acre feet) as allotted by The Northern Colorado Water Conservancy District under instrument recorded in Book 1044, at Page 359 Weld County Records; Subject, however, to reservations in United States Patent, Public roads, and any and all rights of way, howsoever evidenced, now existing over and across said premises, and subject further to any lien arising by virtue of said premises being included within boundaries of Northern Colorado Water Conservancy District and Big Thompson Soil Conservation District. TO HAVE AND TO HOLD THE SAME, With all appurtenances thereunto belonging, or in anywise appertaining, to the proper use, benefit and behoo£ of the said parties of the second part, their heirs and assigns forever. -5- SKLD, Inc. SKL14073 WE 1283968-1956.005 B00K1509 PAGE558 • IN WITNESS WHEREOF, The said party of the first part, as Administrator of said estate as aforesaid, has hereunto set his hand and seal the day and year first hereinabove written. f/77/u: ( Li ;‘.(- H. ft. Amen, as the Administrator of the Estate of Katherine Amen, Deceased STATE OF COLORADO COUNTY OF LARIMER The foregoing instrument was acknowledged before me this 26th .day of July , 19 58 , by R. H. Amen, as Administrator of the Estate of Katherine Amen, Deceased. My commission expires October 20, 1959 Witness my hand and off' ial seal. Notary Pub I, Herbert W. Fitch Cleric of the County Court in and for the County of Larimer and State of Colorado, do hereby certify that the order confirming Sale of Real Estate, as recited in the within and foregoing Deed, is a full, true, and complete copy of the same as it remains of record and on file in my office. Witness my hand and seal of said Court at Fort Collins, Calora� o';u; said County, this 26th day of July , A.D. 19 58 i -6- Clerk of the County Court SKLD, Inc. SKL14073 WE 1283968-1958.006 Minted at B 1447 REC 02395842 06/17/94 12:05 $10.00 = F 0325 NARY ANN FEUERETRIM CLERK 5 RECORDER WELD AH2393042 PERSONAL REPRESENTATIVE'S DEED (Testate Estate) THIS DEED is made by Rachel Armen as Personal Representative of the Estate of Carl I Anen deceased, Grantor, to Carl H. Amen Trust�— Grantee. whose legal address is c/o Rachel Armen. Co —Trustee. 27292 Weld County Road 111. Loveland 053.7 1/002 CO, CO T of the .. *County of Weld State of Colerado WHEREAS, the Last Will and Testament of the aba a -named decedent was made and executed in the lifetime of the decedent, and is dated February R 19 88 wh'ch Wilt was duly admitted to (Mining (informal)•• probate on ._Orrnher 5 19.9}. by the District Court in and for the _County of Weld State of Colorado, Proba'e No.—93FR296 WHEREAS, Grantor was duly appointed Personal Representative of said Estate on October 5 19_93. and is now qualified and acting in said capacity. NOW THEREFORE. pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell, convey, assign, transfer and set over unto said Grantee ( uaaM'• (bFatirdralifiSOINICIAW7(F (As the person entitled to distribution of the property in the above captioned Will)** the following described real property situate in the _ County of Weld State of Colorado: An undivided one—half interest, representing all of the above decedent's interest in and to the following real property: See Schedule A attached also known by street and number as With an appurtenances, subject to covenants, easements and restrictions of record, and subject to general property taxes for the year 19 94 -- As used herein, the singular includes the plural and the plural the singular. Executed t,,,l/lsf. (� 191 mod 4Q. 4:yrned.1/ Rachel !wen Personal Reprvkcntatitr of die °talc of Carl R. Amen • i.,'� CY Deceased NO ' ,,.. C. STATE COLORADO ��J j a. • } DUO \* 7 COUNTY OF—f6(E IrR The foregoing instrument was acknowledged before me this' day of _ n/V le4 19 If by _ Rarhel amen as Persona! Representative of the Eslatc of Carl H. Amen Deceased. Witness my hand and official se .' My commission expires: SPAT •sea Dec.,.m-on ed -sink. a rowirta tam and Ate,..✓Pyre,Creating '+.,r C,..,ed l.w e,wneean II 1•).,h5. CPCaa. Re.. 11.92. PtPSOWI PI,PFP.st rAnvr. neonMowl Bruclionl Publishing. nd) wort Sr. Deaver. 0010202 —,1011:'/2.1300— 7.95 OP COPPIOI SKLD, Inc. SKL14073 WE 2393842-1994.001 B 1447 EEC 02393842 06/17/94 12:05 $10.00 .2/002 F 0326 MARY ANN FEUERSTESN CLERK 8 RECORDER WELD CO, CO Schedule A Township 5 North. Ranee 67 West of the 6th P.M. SW1 Section 18, beginning at the Northwest corner of said, Southwest Quarter (SW1), thence East 1663 feet along th.e North line thereof, thence south la97 feet, more or less, parallel with the East line of said Southwest Quarter (SW1) to a point on the Northerly right of way line of Union Pacific Railroad Company, thence Southeasterly 900 feet, more or less, along said Northerly right of way line to its intersection, with the south line of said Southwest Quarter (SW1), thence West 2312.4 feet, more or less along the South line of said Southwest Quarter (NWT) to the Southwest corner thereof, thence North 2640 feet, more or less, along the West line of said Southwest Quarter (SW5) to the place of beginning, excepting from the above described tract, right of way of Union Pacific Railroad Company, and right of way of The Great Western Railway, and also excepting from said above described tract, a parcel of land described as follows; Beginning at a point on the South line of said Southwest Quarter (SW1) 379.4 feet, more or less, West of the Southeast corner of said Southwest Quarter (5W1), said point of beginning being the intersection of the South line of said Southwest Quarter (SW1) with the Southerly right of way line of Union Pacific Railroad Company, thence West 146.6 feet along the south line of said Southwest Quarter (SW,), thence Nortn 152 feet to a point on the Southerly right of way line of said Railroad, thence Southeasterly along said Southerly right of way line 211.2 feet, more or less to the place of beginning, said excepted tract containing 0.18 acres. Also except easement as described in instrument recorded in book 1077, page 23, Weld County Records. Also a right of way for a ditch 10 feet in width along the North line of said Southwest Quarter (SW1) and beginning at a point 1663 feet. East of the Northwest corner of said Southwest Quarter (8W;) and running East 443 feet to a point on the North line of said Southwest Quarter (SW1) at the location of a dividing box in a lateral used to carry water to the above described land and land adjacent on the East. Said above described land contaLning in all 91.95 acres, more or less. Together with an undivided one-half (1/2) interest in 1i shares of the capital stock of the Reorganized Farmers Ditch, formerly known as The Farmers Irrigating Ditch and Reservoir Company; and undivided one-half (1/2) interest in .425 cu. ft. of No. 2 water per second of time of appropriation of The Big Thompson Ditch and Manufacturing Company, and transferred to canal of The Reorganized Farmers Ditch Company, also represented by an undivided one-half interest in 1/6th share of the capital stock of The Big Thompson Ditch and Manufacturing Company, with carriage contract teerefor by The Farmers Irrigating Ditch and Reservoir Company of the date of April 11, 1942, and an undivided one-half (1/2) interest in ten (10) acre foot units of water as allotted by The Northern Colorado Water Conservancy District under instrument recorded in Book 1044, at Page 359 Weld County Records; SKLD, Inc. SKL14073 WE 2393842-1994.002 22; Teed at IIUII IUiM IIIIII IDIU III 11111 11111 IIU 2614281 05/21/1996 01:04P Wald County CO plan No.— 1 of 2 R 11 00 D 0.00 JP Sukl Tsukamoto SPECIAL WARRANTY DEED THIS DEED, Made this /4- day of between Carl. H. Amen Trust B 7€6ie ,19/O of the County of We].d , State of Colorado, grantor and Joyce Amen Mayberry Trust whoackgal address is c/o Joyce Mayberry, Trustee, 5630 Blue Sage Drive.- Littleton,. CO. 80177 order of the County of Arapahoe , State of Colorado, granteege: WITNESSETII,That thegrantorpq, for and in consideration of the sum of less than five hundred and no hundredths ($500.00) -DOLLARS, the receipt and sufficiency of which is hereby acknowledged. ha El granted,bargained, sold and conveyed, and by then presents do es grant, bargam,sell. convey. and confirm. unto the montage itS heirs and assigns forever, all the real property, together with improvements, If any. situate. lysng and being in the County of Weld , State of Colorado. &scribed as follows: An undivided one -sixth interest, representing a one-third interest in the grantor's one-half interest, in and to the following described real property: See Schedule A attached. also known by street and number as: assessor's schedule or parcel number: TOGETHER with all and singular the heredilaments and appurtenances Lento belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever ache grantot(weieher on law ur equity, of, in and to the above —bargained premises. with Usrherednameeas and appurtenances, TO HAVE AND TO HOLD the said premises above bargained and described with the appunenapaa, unto the grantee., its heirs and assigns forever. The grdaloSk for itself its heirs and personal repreumnn.es or successors, do es covenant and agree that it assail and will WARRANT AND FOREVER OFFEND the ahme-bvgaded ptemisra in the quiet and peaceable possession of the grantee , its heirs and assigns, against all and every Gents or persons claiming the whole or any part thereof, by, through or under the gaator&I ITNESS WHEREOF, the gnntoK4 has executed this deed on the dale net (oath aSOVL Paul D. Amen, co -trustee Charles R. Amen, co -trustee STATE OF COLORADO Lilo an/ County of , ee.--7 tQti AA The foregoing instrument was acknowledged before me this /oc by .Paul D. Amen, Joyce Mayberry, and Charles R. W R/r., •.. t, It -)2�'-a�at Joyce bayberry, fq'a-trust4e 01A Ry • ''('UD'G': x&Darya,, insert.Tl.lay$d'. 11*.• ..... G . day of Amen Winless my hand and official seal My commission espies 7 —24/955 c. __ Saar, ran.: Nso.es ayaa s+ Win C.uun rFt, Ctnna teat lx„nn,van iI 36 15 tm s. C R S, No.16. Rev, 4-94. SPECIAL WARRANTY DEED arWfu,d Publshing, INJ Nbw IL, Deuwr, CO 80202 — 003)2924500— 9-95 SKLD, Inc. SKL14073 WE 2614281-1998.001 ri Schedule A Township 5 North. Range 67 West of the 6th P.M. SW1 Section 18, beginning at the Northwest corner of said Southwest Quarter (SW1), thence East 1663 feet along the North line thereof, thence South 1997 feet, more or less, parallel with the East line of said Southwest Quarter (SW1) to a point on the Northerly right of way line of Union Pacific Railroad Company, thence Southeasterly 900 feet, more or less, along said Northerly right of way line to its intersection, with the South line of said Southwest Quarter (SW1), thence West 2312.4 feet, more or less along the South line of said Southwest Quarter (SW1/2) to the Southwest corner thereof, thence North 2640 feet, more or less, along the West line of said Southwest Quarter (SW\) to the place of beginning, excepting from the above described tract, right of way of Union Pacific Railroad Company, and right of way of The Great Western Railway, and also excepting from said above described tract, a parcel of land described as follows: Beginning at a point on the South line of said Southwest Quarter (SW1) 379.4 feet, more or less, West of the Southeast corner of said Southwest Quarter (Bw1), said point of beginning being the intersection of the South line of said Southwest Quarter (S)41/2) with the Southerly right of way line of Union Pacific Railroad Company, thence West 146.6 feet along the South line of said Southwest Quarter (SW1), thence North 152 feet to a point on the Southerly right of way line of said Railroad, thence Southeasterly along said Southerly right of way line 211.2 feet, more or less to the place of beginning, said excepted tract containing 0.18 acres. Also except easement as described in instrument recorded in book 1077, page 23, Weld County Records. Also a right of way for a ditch 10 feet in width along the North line of said Southwest Quarter (SW1/2) and beginning at a point 1663 feet East of the Northwest corner of said Southwest Quarter (SW;) and running East 443 feet to a point on the North line of said Southwest Quarter (SW1) at the location of a dividing box in a lateral used to carry water to the above described land and land adjacent on the East. Said above described land containing in all 91.95 acres, more or less. Together with an undivided one-half (1/2) interest in 11 shares of the capital stock of the Reorganized Farmers Ditch, formerly known as The Farmers Irrigating Ditch and Reservoir Company; and undivided one-half (1/2) interest in .425 cu. ft. of No. 2 water per second of time of appropriation of The Big Thompson Ditch and Manufacturing Company, and transferred to canal of The Reorganized Farmers Ditch Company, also represented by an undivided one-half interest in 1/6th share of the capital stock of The Big Thompson Ditch and Manufacturing Company, with carriage contract therefor by The Farmers Irrigating Ditch and Reservoir Company of the date of April 11, 1942, and an undivided one-half (1/2) interest in ten (10) acre foot units of water as allotted by The Northern Colorado Water Conservancy District under instrument recorded in Book 1044, at Page 359 Weld County Records; 111111111111111111111111 III 111111111111 III 11111IIII Iii 2614261 05/21/1998 01:04P Weld County CO 2 of 2 R 11.00 D 0.00 1A Suitt Tsukamoto SELD, Inc. SRL14073 WE 2614281-1998.002 1 tat nNo. L No.16. Rea 494. SPECIAI. WARRANTY DEED Bradford Publishing. rat Waste 51. Denver. CO 80201- (303)192-2500- 0.05 I 111111 IIIII lulu 111111 III ullll Intel III IIIII Oil lHI 2814282 05/21/1998 01:04P Meld County CO 1 of 2 R 11.00 D 0.00 JR Sukl "'schemata SPECIAL WARRANTY DEED THIS DEED, Made this /4 day of V.t/'2 tanZe/ .19 91, between Carl H. Amen Trust B of the County of Weld , State of Colorado. grantor(lq and Charles R. Amen Trust whose legal address is c/o Charles R. Amen, Trustee, 4422 S. Yosemite Court, Englewood, CO 80111 of the County of Arapahoe , Slate of Colorado, grantee(10: WRNESSETH, That the grantor*, fur and in consideration of thesum of less than five hundred and no hundredths ($500.00) DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted. bargained, sold and cooveycd, and by these persons does grant, bargain, sell, convey, and coaarm. unto the grantee* its heirs and assigns forever. all the real property, together with improvements, if any, situate. lying and being in the County of Weld , Slate of Colorado, described as follows: An undivided one -sixth interest, representing a one-third interest in the grantor's one-half interest, 1n and to the following described real property: See Schedule A attached. also known by street and number as: assessor's scheaule or parcel number: TOGETHER with all and singular the hereditamoms end appurenanoa thereto belonging, or in anywise appertaining, and the reversion and reversions. remainder and remainders, rents, issues and profits thereof; and all the estate, eight, tide, interest, claim and demand whatsoever of the grantor* either in law or equity, of, in and to the above bargained premises, with the heredinments and appurtenances: TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the geanteek), its heirs and assigns forever. The arapmr(n, for it sal f , its heirs and personal representatives or suoirsvoes, do es covenant and agree that it shall and sell WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee* its heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by. through or under the granlor(* IN WITNESS WHEREOF, the granlor(S line executed this deed on the date set forth above. g Paul D. Amen, co -trustee /2" //(1�1(1t,- arles R. Amen, co -trustee STATE OF COLORADO el/4 64,),./4 County of .2,1, Gv The foregoing instrument was acknowledged before me this /j4 day of br Wiltlfro Amen, Joyce Mayberry, and Charles R. Amen Witness my head and official sal O1ARr`t_` Mycommissionexpires f/4-5"/js tau 0\- -P .jt fibRm'er: Wed'crYnd". %%• Q e i. C" � Joy Mayberry, coltrustecf } 7 Y 72.14t/ter te ,19 yr. Woes Y.NIc N,¢e end add.a d Fnea enmity na`b C,enN try' D epion It 3Ln-1M 5. C RSI SKLD, Inc. SKL14073 WE 2614262-1998.001 IIUII liii VIIII 111111 III 111111111111 III 11111 It 101 2614282 05/21/1998 01:04P Weld County CO 2 of 2 R 11.00 D 0.00 JA Sukt Taukrmoto Schedule A Township 5 North. Range 67 West of the 6th P.M. BWh section 18, beginning at the Northwest corner of said Southwest Quarter (SW1), thence East 1663 feet along the North line thereof, thence South 1997 feet, more or less, parallel with the East line of said Southwest Quarter (SW1) to a point on the Northerly right of way line of Union Pacific Railroad Company, thence Southeasterly 900 feet, more or less, along said Northerly right of way line to its intersection, with the South line of said Southwest Quarter (SW1), thence West 2312.4 feet, more or less along the South line of said Southwest Quarter (SW1) to the Southwest corner thereof, thence North 2640 feet, more or less, along the West line of said Southwest Quarter (sigh) to the place of beginning, excepting from the above described tract, right of way of Union Pacific Railroad Company, and right of way of The Great Western Railway, and also excepting from said above described tract, a parcel of land described as follows: Beginning at a point on the South line of said Southwest Quarter (SW;) 379.4 feet, more or less, West of the Southeast corner of said Southwest Quarter (SW'i), said point of beginning being the intersection of the South line of said Southwest Quarter (SW1) with the Southerly right of way line of Union Pacific Railroad Company, thence West 146.6 feet along the South line of said Southwest Quarter (SW1), thence North 152 feet to a point on the Southerly right of way line of said Railroad, thence Southeasterly along said Southerly right of way line 211.2 feet, more or less to the place of beginning, said excepted tract containing 0.18 acres. Also except easement as described in instrument recorded in book 1077, page 23, Weld County Records. Also a right of way for a ditch 10 feet in width along the North line of said Southwest Quarter (SW;) and beginning at a point 1663 feet East of the Northwest corner of said Southwest Quarter (SWi) and running East 445 feet to a point on the North line of said Southwest Quarter (SW4) at the location of a dividing box in a lateral used to carry water to the above described land and land adjacent on the East. Said above described land containing in all 91.95 acres, more or less. Together with an undivided one-half (1/2) interest in 1; shares of the capital stock of -the Reorganized -Farmers Ditch, formerly known as The Farmers Irrigating Ditch and Reservoir Company; and undivided one-half (1/2) interest in .425 cu. ft. of No. 2 water per second of time of appropriation of The Big Thompson Ditch and Manufacturing Company, and transferred to canal of The Reorganized Farmers Ditch Company, also represented by an undivided one-half interest in 1/6th share of the capital stock of The Big Thompson Ditch and Manufacturing Company, with carriage contract therefor by The Farmers Irrigating Ditch and Reservoir Company of the date of April 11, 1942, and an undivided one-half (1/2) interest in ten (10) acre foot units of water as allotted by The Northern Colorado Water Conservancy District under instrument recorded in Book 1044, at Page 359 Weld County Records; SKLD, Inc. SKL14073 WE 2614282-1998.002 IIIIII IIIII III! 111111 III III Ill IIII 2614283 05/21/1998 01:04P Weld County CO 43 '° 1 of 2 R 11.00 D 0.00 JA Suk1 Teukemoto SPECIAL WARRANTY DEED THIS DEED, Made tins /5(_ day of between Carl H. Amen Trust B - County of Weld Paul D. Amen Trust ;224-7iliefficA 19 98 . of Me • , State of Colorado, ammonia) and whose legal address is c/o Paul O. Men, Trustee, 1 Polo Field Lane, Denver, CO 80209 of the City and Cmmty of Denver , Sine of Colorado, grantee% WITNESSETH, That thegrenmry7, for and incoosideretioo of the sum of less than five hundred and no hundredths ($500.00) -- DOLLARS. the receipt and sufficiency of which is hereby acknowledged. has granted, bargained, sold and conveyed, and by these presents does grant, basgasn, sell, convey, and con firm, unto the goateed') its heirs and assigns forever, all the real property, together with improvements, if any. situate, lying and being in the County of Weld , State of Colorado. described as follow:: An undivided one -sixth interest, representing a one-third interest in the grantor's one-half interest, in and to the following described real property: See Schedule A attached. also known by street and number as; assessor's schedule or parcel number: TOGETHER with all and singular the hereditamemv and appurtenances thereto belonging, or in any -wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, tide, interest, claim and demand whatsoever of the Brayton* either in law or equity, of, in and 1° the above bargained premises, with the herediraments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee%, its heirs and assigns forever. The grantot(q, for it set f . its heirs and personal representatives or successors, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the granteefgl. 1 is heirs and assigns. against all and every person or persona claiming the whole or any part thereof by. I through or under the grantor%%. i. IN-WT{NESS-WHEREOF, the-gwnashes- executed -this -deed -on the date set forthabove. i aul D. Amen, co -trustee 1L 4 - L 24-lii- Cifories R. Amen, co -trustee STATE OF COLORADO :: / u. ' T' t ", Loumpot L....' The fo uumene was acknowledged before me this I // p ' 8 /� day of -:.Rd,etete, .o by P49 aIt.p^l4e 0 Joyce Mayberry, and Charles It. Amen ,' f (txpiARy':.f 44 G; o YIy;Yzs 2%6/_1 4, .• Jo a M4yberry, trus e 'R9''Atq;4jgt�7i s aW" W itness my hand sod official seal sty common=apirq 7 /— /•Q Nana and Ada. arena Canons Newly rvn,a Law Wenpioa a is 51409.5, C BS.) No.16, Rev. 4-94. SPECIAL WARRANTY DEED Bradford Publi,hinp,1143 WUIX Se,. Den, CO 00202 — tInt 292.2500-9.95 SKLD, Inc. SKL14073 WE 2614283-1998.001 Schedule A Township 5 North. Range 67 West of the 6th P.M. 9Wy Section 18, beginning at the Northwest corner of said Southwest Quarter (SW%), thence East 1663 feet along the North line thereof, thence south 1997 feet, more or less, parallel with the East line of said Southwest Quarter (SW%) to a point on the Northerly right of way line of Union Pacific Railroad Company, thence Southeasterly 900 feet, more or less, along said Northerly right of way line to its intersection, with the South line of said Southwest Quarter (SWi), thence West 2312.4 feet, more or less along the South line of said Southwest Quarter (5W1) to the Southwest corner thereof, thence North 2640 feet, more or less, along the West line of said Southwest Quarter (SW's) to the place of beginning, excepting from the above described tract, right of way of Union Pacific Railroad Company, and right of way of The Great Western Railway, and also excepting from said above described tract, a parcel of land described as follows: Beginning at a point on the South line of said Southwest Quarter (SWh) 379.4 feet, more or less, West of the Southeast corner of said Southwest Quarter (SWi), said point of beginning being the intersection of the South line of said Southwest Quarter (SW's) with the Southerly right of way line of Union Pacific Railroad Company, thence West 146.6 feet along the south line ox said Southwest Quarter (Sift), thence North 152 feet to a point on the Southerly right of way line of said Railroad, thence Southeasterly along said Southerly right of way line 211.2 feet, more or less to the place of beginning, said excepted tract containing 0.18 acres. Also except easement as described in instrument recorded in book 1077, page 23, Weld County Records. Also a right of way for a ditch 10 feet in width along the North line of said Southwest Quarter (SW3,) and beginning at a point 1663 feet East of the Northwest corner of said Southwest Quarter (SW1) and running East 443 feet to a point on the North line of said Southwest Quarter (SW1,) at the location of a dividing box in a lateral used to carry water to the above described land and land adjacent on the East. Said above described land containing in all 91.95 acres, more or less. Together with an undivided one-half (1/2) interest in 11/4 shares of the capital stock of the Reorganized Farmers Ditch, formerly known as The Farmers Irrigating Ditch and Reservoir Company; and undivided one-half (1/2) interest in .425 cu. ft. of No. 2 water per second of time of appropriation of The Big Thompson Ditch and Manufacturing Company, and transferred to canal of The Reorganized Farmers Ditch Company, also represented by an undivided one-half interest in 1/6th share of the capital stock of The Big Thompson Ditch and Manufacturing Company, with carriage contract therefor by The Farmers Irrigating Ditch and Reservoir Company of the date of April 11, 1942, and an undivided one-half (1/2) interest in ten (10) acre foot units of water as allotted by The Northern Colorado Water Conservancy District under instrument recorded in Bock 1044, at Page 359 Weld County Records; 1111111 11111M11111111111111 111111111111 III 111111W IIII 2614283 05/21/1998 01:04P Weld County CO 2 of 2 R 11.00 D 0.00 SA Sukl Teukamoto SKLD, Inc. SKL14073 WE 2614263-1998.002 111101111111110111101 111111 INF III 1111! DII ill 2614288 05/21/1998 01107P Weld County CO 1 of a R 11,00- D- 0,00 J- Suitt Tmukamater PERSONAL REPRESENTATIVE'S DEED (Testate Estate) THIS DEED is made by Charles R. Amen as Personal Representative of the Estate of Rachel Amen, dicta Rachael Z. Amen Paul D. Amen Joyce Mayberry. and_ deceased, Grantor, to Paul D Amen Trust Grantee, whose legal address is do Paul D. Amelt.._TTustee 1 Pp14_aleld Lane. Dsnver. CQ_$Q2Q2 of the Lty.. and *County of _ ___Denver Slate of—_Cc1oredo WHEREAS, the Last Will and Testament of the above -named decedent was made and executed in the lifetime of the decedent, and is dated February 8 19 88 which Will was duly admitted td (informal)^ prohate on _August 6 19 _9L, by the Distrlcr Court in and for the County of _Weld_ State of Colorado, Probate No. 97PR260 • WHEREAS, Grantor was duty appointed Personal Representative of said Estate on August 6 19 _EL_ and is now qualified and acting in said capacity. NOW THEREFORE, pursuant In the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell, convey, assign, transfer and set over unto said Grantee _ `• 21081idLreareal (As the person entitled to distribution of the property in the above captioned Will)^ the following described . property situate in the Cnun'y of Weld S•atc of Colorado'. An undivided one —sixth interest, representing one—third of the decedent's one—half interest, in and to the following described real property: See Schedule A attached. also known by street and number as: assessor's schedule or parcel number: With ail appurtenances, subject to covenants, easements and restrictions of record, and subject to general property P, taxes for the year 19.9.1—niciam i l As used herein, the singular includes the pluralandthe plu the ins Executed =a//te_c a- 19 __ IV ) Paul D. Amen Joy(e Charles R. Amen Personal Representstoe of the cote of Raej—te eii. Amen E OF yTATCOUNTY ORADO , a,/ kids',Raciraot- D -ceased The forgoing instrument was acknowledged before me this /z day of '72V-4/5/— 19 itr, by Paul D. Amen, Joyce Maybelty`tld aCharles R. Amen a`lcisoWtS,,genlmivc of the Estate of Barbel Amen. a/k/n Racheel Z. Amen Deceased. W lC„'IbRl1anil and official seal. ' hi?� compassion txpires: '7/J//%) rL ;tau usass) / ..rxo Name sus Alley er Ye+n Celli as Seely omoa INI rxxnnos n ]Bdil W ). e. No. CPC'S. Rev. 1-9e. PERSONALRF:PRESENTAIIV P'9 DEED (Ralme) Bradford Publ''hing,174] Waite St. Denver. CO80302—(303)292.25W— 3.97 Copndgbi 1987 SKLD, Inc. SKL14073 WE 2614288-1998.001 Schedule A Township 5 North. Rance 67 West of the 6th P.M. SW1 Section 18, beginning at the Northwest corner of said Southwest Quarter (SW3), thence East 1663 feet along the North line thereof, thence south 1997 feet, more or less, parallel with the East line of said Southwest Quarter (SW;) to a point on the Northerly right of way line of Union Pacific Railroad Company, thence Southeasterly 900 feet, more or less, along said Northerly right of way line to its Intersection, with the South line of said Southwest Quarter (SW%) , thence west 2312.4 feet, more or less along the South line of said Southwest Quarter (SW11) to the Southwest corner thereof, thence North 2640 feet, more or less, along the West line of said Southwest Quarter (SW\) to the place of beginning, excepting from the above described tract, right of way of Union Pacific Railroad Company, and right of way of The Great Western Railway, and also excepting from said above described tract, a parcel of land described as follows: Beginning at a point on the South line of said Southwest Quarter (SW5) 379.4 feet, more or less, West of the Southeast corner of said Southwest Quarter (SW1), said point of beginning being the intersection of the South line of said Southwest Quarter (SW'/4) with the Southerly right of way line of Union Pacific Railroad Company, thence West 146.6 feet along the South line of said Southwest Quarter (SW3), thence North 152 feet to a point on the Southerly right of way line of said Railroad, thence Southeasterly along said Southerly right of way line 211.2 feet, more or less to the place of beginning, said excepted tract containing 0.18 acres. Also except easement as described in instrument recorded in book 1077, page 23, Weld County Records. Also a right of way for a ditch 10 feet in width along the North line of said Southwest Quarter (SW1) and beginning at a point 1663 feet East of the Northwest corner of said Southwest Quarter (SW5) and running East 443 feet to a point on the North line of said Southwest Quarter (SW3) at the location of a dividing box in a lateral used to carry water to the above described land and land adjacent on the East. Said above described land containing in all 91.95 acres, more or less. Together with an undivided one-half (1/2) interest in 14 shares of tiny capital stock of -the Reorganized Farmers Ditch, formerly known as The Farmers Irrigating Ditch and Reservoir Company; and undivided one-half (1/2) interest in .425 cu. ft. of No. 2 water per second of time of appropriation of The Big Thompson Ditch and Manufacturing Company, and transferred to canal of The Reorganized Farmers Ditch Company, also represented by an undivided one-half interest in 1/6th share of the capital stock of The Big Thompson Ditch and Manufacturing Company, with carriage contract therefor by The Farmers Irrigating Ditch and Reservoir Company of the date of April 11, 1942, and an undivided one-half (1/2) interest in ten (10) acre foot units of water as allotted by The Northern Colorado Water Conservancy District under instrument recorded in Book 1044, at Page 359 Weld County Records; 111111111111111111111111III 111111 111111 11111111 It III 2614288 05/21/1998 01107P Weld County CO 2 of 2 R 11.00 D 0.00 JR Sukl Tsukamoto SKLD, Inc. SKL14073 WE 2614288-1998.002 X90 1111111111111III 111111111111 III IIII IIII 261442290 05/21/199808 01.08P Wald County COC 1 of 2 R 11,00 D 0.00 JA Sukl Tsukamoto PERSONAL, REPRESENTATIVE'S DEED (Testate Estate) THIS DEED is made by Paul. D, Arpe t Joyce Mayberry, and harl_e R. Ames - - as Personal Representative of the Estate of ----Rachel Amen. a/k/a Rachee t r Amen deceased, Grantor, to Jnyre Amen Mayberry Trust Grantee, whose legal address is rin Joyce Mayhelzv .Trustee. i 5630 Blue _Sage _Drive. Iltrleron. CO 80123 of the 'County of Arapahoe State of - Colorado WHEREAS, the Last Witt and'Iestament of the above -named decedent was made and executed in the lifetime of the • I decedent, and is dated Fehrunry 8 19 _B8_ which Will was duly admitted to)( (informal)" • probate on _ August 6 t9 97 by the District Court in and for the County of Weld State of Colorado, Probate No. 97PR260 WHEREAS, Grantor was duly appointed Personal Representative of said Estate on ______August 6 19 97 and is now qualified and acting to said capacity. NOW THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell, convey, assign, transfer and set over unto said Grantee (As the person entitled to distribution of the property in the above captioned Will)" the following described real property situate in the _— _. - County of Weld State of Colorado: An undivided one -sixth interest, representing one-third of the decedent's one-half interest, in and to the following described real property: See Schedule A attached. also known by .street and number as: assessor's schedule or parcel number With all appurtenances, subject to covenants, easements and restrictions of record, and subject to general property I taxes for the year 19 all._ IMMOISOCEIX I As used herein, the singular includes the plural and the plu a singular I, Executed 19 _92_ La�z1 Paul D. Amen %J L v_ .i2 71 ,,,,./44124-1-i �3' 7 Charles R. Amen T <e 't+aY herrY r Personal Representative of the Estate of Rachel Amen, a/k/a Rachael Z. Amen Deceased STATE OF COLORADO (11( /74(i COUNTY OF g/(/g7a497./ J ) / �// Th f A �matrument was acknowledged before me this / - day of -fa U- 19 ?i _ rtsy�' ,_LoYciL Mayberry and Charles R Amen lfy crsonal Repris native of the Estate of Rachel Amen,_ a/k/a R_aeltael 7.. Amen T. wtc f:Y i! -- Deceased. ;W'nncseary hand'sd official seal. N .1,Vgatill9sigka�rCS: .-.2./✓// j7 r own sow, n.,v aW AdJmf of Prnon Creams News Created Legal Dneipioa 1419.1}106.5, CR s I Io, CPC46. Rev. 1-96. PERSONAL REPRESENTATIVES DEED (Thiele) Bradford Publishing, till Wuee A., Denver, CO 80101- f00A391-1500-5.97 CoPrasM t9Rr SKLD, Inc. SKL14073 WE 2614290-1998.001 Schedule A Township -5 North-. Range- 67 West of the 6th P.N. SW5 Section 18, beginning at the Northwest corner of said Southwest Quarter (SW}), thence East 1663 feet along the North line thereof, thence south 1997 feet, more or less, parallel with the East line of said Southwest Quarter (SWN) to a point on the Northerly right of way line of Union Pacific Railroad Company, thence Southeasterly 900 feet, more or less, along said Northerly right of way line to its intersection, with the South line of said Southwest Quarter (SW%) , thence West 2312-.4 feet, more or less along the South line of said Southwest Quarter (SWh) to the Southwest corner thereof, thence North 2640 feet, more or less, along the West line of said Southwest Quarter (SWN) to the place of beginning, excepting from the above described tract, right of way of Union Pacific Railroad Company, and right of way of The Great Western Railway, and also excepting from said above described tract, a parcel of land described as follows: Beginning at a point on the South line of said Southwest Quarter (SW3) 379.4 feet, more or less, West of the southeast corner of said Southwest Quarter (SW;), said point of beginning being the intersection of the South lino of said Southwest Quarter (SW})- with- the -Southerly- right of way line of Union Pacific Railroad Company, thence West 146.6 feat along the South line of said Southwest Quarter (SW),), thence North 152 feet to a point on the Southerly right of way line of said Railroad, thence Southeasterly along said Southerly right of way line 211.2 feet, more or less to the place of beginning, said excepted tract containing 0.18 acres, Also except easement as described in instrument recorded in book 1077, page 23, Weld County Records. Also a right of way for a ditch 10 feet in width along the North line of said Southwest Quarter (SW1) and beginning at a point 1663 feet East of the Northwest corner of said Southwest Quarter (Sigh) and running East 443 feet to a point on the North line of said Southwest Quarter (Sigh) at the location of a dividing box in a lateral used to carry water to the above described land and land adjacent on the East. Said above described land containing in all 91.95 acres, more or less. Together with an undivided one-half (1/2) interest in 1; shares of the capital stock of the Reorganized Farmers Ditch, formerly known as The Farmers Irrigating Ditch and Reservoir Company; and undivided one-half (1/2) interest in .425 cu. ft. of No. 2 water per second of time of appropriation of The Big Thompson Ditch and Manufacturing Company, and transferred to canal of The Reorganized Farmers Ditch Company, also represented by an undivided one-half interest in 1/6th share of the capital stock of The Big Thompson Ditch and Manufacturing Company, with carriage contract therefor by The Farmers Irrigating Ditch and Reservoir Company of the date of April 11, 1942, and an undivided one-half (1/2) interest in ten (10) acre foot units of water as allotted by The Northern Colorado Water Conservancy District under instrument recorded in Book 1044, at Page 359 Weld county Records; 111111111111111111111111111111111111111 III IIIII IIII IIII 2814290 05/21/1998 01:08P Weld County CO 2 ci 2 R 11,00 0 0,00 JA Sukl isukamote SKLD, Inc. SKL14073 WE 2614290-1998.002 11,,, Charles R. Amen Joffie Mayberry Personal Representativeoflha Estate of Rachel Amen, a/k/a Rachael Z. Ameo Deceased D Amen 11111111111111111111111 III111111111111��IIIIIIIIIill 2614292 OS/21/1996 01:09P Weld County CO - 1 of 2 R 11.00 D 0.00 JA Suit Teukemoto PERSONAL REPRESENTATIVE'S DEED (Testate Estate) THIS DEED is made by Paul D. Amen, Joyce Mayberry., sod Charles R. Amen as Personal Representative of the Estate of Rachel Amen, a/k/a Rachael Z. Amen deceased, Grantor, ' to Charles R. Amen Trust .. Cramer. whose legal address is c/n Charles R. Ame yTru tee, it _4422 S. Yosemite Court. Englewood, CO 80111 of the *County of Arapahoe Slate of Colorad9— WHEREAS, the Last Will and Testament of the above -named decedent was made and executed in the lifetime of the decedent, and is dated February 8 19 88 which Will was duly admitted to(informal)•e probate on August ft 19 QZ by the Di strict Court in and fbr the County of Weld , State of Colorado, Probate No, .-2ZPR260_ - WItEREAS, Grantor was duly app ointe4.P-ersonal.Representative of said Estate on._Atihnat 6- 19 2L and is now qualified and acting in said capacity. NOW THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell, convey, assign, transfer and set over unto said Grantee tons (As the person entitled to distribution of the property in the above captioned Will)" the following described real property situate in the — — - County of Weld State ol'Colorado: An undivided one -sixth interest, representing one-third of the decedent's one-half interest, in and to the following described real property: See Schedule A attached. also known by sheet and number as; assessor's schedule or parcel number: With all appurtenances, subject to covenants, easements and restrictions of record, and subject to general property taxes for the year 19 9EPIEHISIMEIEFOLIC •• As used herein, the singular includes the plural and the plu • insular. Executed r7//J 19 Paul /- / SATE OF COLORADO /) ss. I ( it alt Ll COUNTY OF ,--' L., '7�� r J The fotesopp[,,h�'g�_aslrumrn.75. t was acknowledged before me thisday 2 of by�9..4... JDyea Mayhrrry and Char I en R Amen °bllz;sbnal Rep erkatite of the Estate of Rachel Amen a/k/a no 'L. Amen '' ``Oi A x-1.-4-, Deceased. W r khcss m3 hand and official seal, 6fy' om iss eliphes: 17/P I7 et r�� r / ,gal D C.ry, 'C S rmatirW ` O Or r 19 gel Noluy Pus. NmeoM oxen, orpmn Crcvunl NewlyCream regal onnigioo II 161NC6 s, CR sl No. CPC46. Rev. 1-96, PERSONAL REPRESENTATIVE'S DEED (Tots) Bradford Publishing. 1741 Wnee St, Denver. CO 10202 —001)292.2100-1.19 Copyrtah11987 SKLD, Inc. SKL14073 WE 2614292-1998.001 schedule A Townahio 5 North. Range 67 West of the 6th P.M, SW1 Section 18, beginning at the Northwest corner of said Southwest Quarter (SW1), thence East 1663 feet along the North line thereof, thence South 1997 feet, more or less, parallel with the East line of said Southwest Quarter (SW's) to a point on the Northerly right of way line of Union Pacific Railroad Company, thence Southeasterly 900 feet, more or less, along -said Northerly right of way line to its intersection, with the South line of said Southwest Quarter (SW1), thence West 2312.4 feet, more or less along the South line of said Southwest Quarter (sWN) to the Southwest corner thereof, thence North 2640 feet, more or less, along the West line of said southwest Quarter (SW}) to the place of beginning, excepting from the above described tract, right of way of Union Pacific Railroad Company, and right of way of The Great Western Railway, and also excepting from said above described tract, a parcel of land described as follows: Beginning at a point on the south line of said Southwest Quarter (SW1) 379.4 feet, more or less, West of the southeast corner of said southwest Quarter (SW1), said point of beginning being the intersection of the South line of said Southwest Quarter (SW.44. with- the Southerly right of way line of Union Pacific Railroad Company, thence West 146.6 feet along the South line of said Southwest Quarter (SWi), thence North 152 feet to a point on the Southerly right of way line of said Railroad, thence Southeasterly along said Southerly right of way line 211.2 feet, more or less to the place of beginning, said excepted tract containing 0.18 acres. Also except easement as described in instrument recorded in book 1077, page 23, Weld County Records. Also a right of way for a ditch 10 feet in width along the North line of said Southwest Quarter (SW1) and beginning at a point 1663 feet East of the Northwest corner of said Southwest Quarter (sWN) and running East 443 feet to a point on the North line of said Southwest Quarter (SW1) at the location of a dividing box in a lateral used to carry water to the above described land and land adjacent on the East. Said above described land containing in all 91.95 acres, more or less. Together with an undivided one-half (1/2) interest in 11 shares of the capital stock of the Reorganized Farmers Ditch, formerly known as The Farmers Irrigating Ditch and Reservoir Company; and undivided one-half (1/2) interest in .425 cu. ft. of No. 2 water per second of time of appropriation of The Big Thompson Ditch and Manufacturing Company, and transferred to canal of The Reorganized Farmers Ditch Company, also represented by an undivided one-half interest in 1/6th share of the capital stock of The Big Thompson Ditch and Manufacturing Company, with carriage contract therefor by The Farmers Irrigating Ditch and Reservoir Company of the date of April 11, 1942, and an undivided one-half (1/2) interest in ten (10) acre foot units of water as allotted by The Northern Colorado Water -Conservancy District under instrument recorded in Book 1044, at Page 359 Weld County Records; I llhll IPIIFitltillltl ill illllll lllllill iLIIiIF illl 2814292 05/21/1998 01:09P Meld County CO 2 of 2 R 11.00 D 0.00 IA Suki Taukamoto SKLD, Inc. SKL14073 WE 2614292-1998.002 w en O O N et in O.N 0m O u x o v en IC C G • a O >. .a v •t 3aU 454 1111111111111111111 3111111 I I I I1111111111111111 I I I I I l l f 3039454 03/08/2003 02 27P Weld County, CO 1 of 3 R 16.00 D 99.60 Steve Moreno Clerk A Recorder SPECIAL WARRANTY DEED THIS DEED. Made prix 3rd clay ul March, 2003 between Paul D. Amen Trust, Joyce Amen Mayberry Trust and Charles R. Amen Trust 01 the County of Weld :net Stateor Colorado enhitIH), nod Willits Company, Inc., a Wyoming corporation whore legal address is P. 0. 8ox 825, Cheyenne, WY 82003 RIG end State at Wyoming ,grunineiti: WITN115SE H That the µianlarla), fore nli ncnn.eldrnliun of tae sum o l Nine Hundred N ire ty—f iv e Thousand and No/100 DOLLARS. ( $995,000.00 ., 11,rbeetut 0m, ,mfficiermy or width is oerelw c .. n and c_v I Igea. has g v t d, bargained, 1 . ayod t uI by dmrc p .sane t e - r grant. bargain. tell. euvey sad gored s.l, tl-uee:;i, his hand t'enc: ere„ li the inl_.pe lv :ugelo. with 'nmtprevomnYc. Il any. .ituuD. lying :foal bah.g In lit County of Weld a__i, SID; nil 0:IoieLtt d.,uihed at Ihlluwn. See Exhibit "A" attached hereto and incorporated herein also known by street ;old uunhernta 27238, 27292 and 27386 Weld County Road 13, Loveland, CO 80537 TOGETHER tibiaIi arid N:riplur Pin hennW Rooms d arpp mean ca :here ow h I r_gh g. or in anywise apparl:Jr leg, end Ile ren t td r : art. v . lar w in tunJns. , e rat'. is.sa .s I p o. is lher< r :d .hl Ike ern l eight. hilt. Interco., shim d demand W 1 a O eeur ni the .-mal(s). ei'.I i , m equity, el, in ..rd to the ah the herer.n 1 poinites. with Ire I:m Wrtameats nud upptrtenences. To [AVEIAND TO IIOLD the mid pp:tykes ebi g:u ed and cleserided, wim the app. -rename./ tine; 'lie graatoelsl, hie dens aid &4Si eefonivey The Oren. 7, ley himself, (ds tci:x and ets r. tl rop.e.entativos 113.aueee. dnten c..tc. 1101 '.cod dgree that 'nu chap and will WARRANT AND fulehVP.lt DEFEND the ',dove -lode -Hied ,e; In fin ti:ue. end ',sawed.; ',Tote:ohm lclt). hit heir; ;Hid ilts. l,. at l add eve; y owsoi. ptamme cladHIE thou 1t3r le par, tin ere.d_ v, through ar ender the grentrlei * TI eingrl-eM1.11l snail lnelr.dethe gland It ,irieul:.r, end the use p! any ,fenderc.r.l le apilienle to all gentler. IN WITNESS WHEREO t, the amrtei hex exwnlad this deal pa the dde as forth above *except for taxes for the current year, a lien but not yet due and payable, and residential and agricultural leases by through or under grantors. SEE ATTACHED SIGNATURE AND ACKNOWLEDGEMENT PAGE STAI'13 OF COUNTY Ch line:o ,ring iu.ate nenl wa nuknnvudgnci heiatc tie ho day 111' MY C. ion W i,nea.s my h.ud di d ol6c.al seal. Ntr,a.y Public il'El'iai. WARRANTY DEED nsecrvet r6/ Off, SKLD, Inc. SKL14073 WE 3039454-2003.001 EXHIBIT "A" 27292 Weld County Road 13 LEGAL DESCRIPTION OF DEED DATED March 3, 2003 A Portion of the rein! 1/4 of Sect_on 19, Township 5 North, Fangs 67 Wes:. at 'roe P.M., Weld County, Colorado described a.; follows, Ueg'_nni_,g at the Northwest cod,codeef of said 6d 1/4, thence Cast te e: _t along the North line ohecasT thence south 1997 fees, mor d or less. parallel ,c, rho Pout line of said SW 1/4 t: n point ofl the Norttorly rogue of way line Union Pacific H=r'lroed Company, -fence Southeasterly 90" twos. _sore or lass, along said Northerly right_ of way line Co tfs intersection,.tot Cn_ south line of .,aid sin 1/6. thdnee West 2312.44 feet,nAde or less along the Pouch line of scdd 5W 1/1 Co see S crh-wont corner thereof, thence Worth 2643 more or a1 _ less, ong the Wosf line of said SW i to the niece of beginning, excepting from the above described tract. r gf,c of coy of Union Pa ilia Rollr.od Company, anu right : may of The Great Western 3 , oral alec executing from said above_ .. _Led et, a pareel of _and c loo .d c_lcw PAIL -mind at r purrs _ menu _ rTS.1/4 379.4 Loot, 1&5 8. .et of Lees .. roue _ st corn_, of saidSW 1/4, _ point of 1 ocinn'ng -n4 the Ir t _cti a. of the South: line of said OW 1/4 with r`e 'Southerly right or way line of Union Pacific Hailroed -.'o,per.y, fLenen Wont 145.6 Lees along the fndufd line of said Te 1/4. thence North 1_i. Inc: 0 a .._'no o,, [he ..ccherl ght or eAy line ref said Railroad, fhedee Southeasterly „long said Scutheriy right of way line 211.2 tee_, rsoro or to the place :'f beginning. h'urr20r excepting therefrom thu parcel conveyed to The Coon: Wcseern ._ _._,ct_cn C: co pony by deed recorded Apsi_ 22, 1902 in Bonk 190 an Faye 315 awl Lae parcel sonveycd t4 Union 2acific Railroad _aoy by deed , pad Peek 14, 1910 in Pee225 at Page 402 and Cook 32atPage 403. _ onty of Weld. Seale of Colorado Together with 10 units of Colorado Big Thompson Project Water, 1.25 shares of Reorganized Farmers Ditch and 1/6 share of Big Thompson Ditch and Manufacturing. Also, together with any and all interest the Grantor has in any and all minerals and/or mineral leases, 1111111111111111111IIIII III 101111111III11111IIII1O1 3039484 03106/2003 02•27P Weld County, CO 2 of 3 R 16.00 D 99.50 Slew Moreno Clerk & Recorder FA It Qoo..p�. SKLD, Inc. SKL14073 WE 3039454-2003.002 I 1111►►111►►111111►1 ►111111111111111►111111111111111111 3039454 03/06/2003 02 27P Weld County, CO 3 of 3 R 16.00 0 99.60 Steve Moreno Clerk & Recorder SIGNATURE AND ACKNOWLEDGEMENT PAGE PAUL D. AMEN I R ST By (� Paul D. Amen, Trustee �// By ;rjrt e � Smut_ ' V (/ 1' z'cc Amen Maybe rv, r ce 1 ia1 ,/ /� Pam/ By Charles R. Amen, Trustee State of Colorado County of Lorimer The foregoing instrument was acknowledged before me this 3r° day of March, 2003, I, t t Amen, Joyce Amen Mayberry and Charles R. Amen as Trustees of the Paul D. Aurcu=l{ust.�0PN..... R: Witness my hand and official seal,fq -.- zeirt *ar4Tublic P K/ Q. COLOR.. My Commission expires: August 4, 2005 JOYCE AMEN MAAJYBERRY��T.RUUST or%f" —Joyce Amen Mayberry, �fru. c By Le i- iZ ne 'Y ) Tn lee Paul D Amen, Trustee Slate of Colorado County of Lorimer The foregoing instrument was acknowledged before me this 3'd day of March, 2003, mod,,(f, Amen Mayberry, Charles R. Amen and Paul D. Amen as Trustees of the Joyce Amen Mayt+/�'(ry Tr0.bf-T. F% ✓ Witness my (rand and official seal. _--- !s hOTq `c gFten My Commission expires August 4, 2005 omry Public CHAR//; Sy. AMEN I RUS BY. 47/?14. Li/l'1fk,fr Charles R. Amen, Trustee B�L Paul D Amen, 1Trustee /e ` SY_ aaf4tfyi.l15 1 ycc Amen Mayberry, Tru. e State of Colorado County of Latimer The foregoing instrument was acknowledged before me this 3r° day of March, 2003, by Charles R. Amen, Paul D. Amen and Joyce Amen Mayberry as Trustees of the Charles R. Amen ]rust. Witness my hand and official seal. My Commission expires: August 4, 2005 y SKLD, Inc. SKL14073 WE 3039454-2003.003 111111111111 11111 11111 11111 III 11111011111 454 3214454 08/31/2004 03;06P Weld County, CO 1 of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder QUITCLAIM DEED THIS DEED, dated g - / R - 2004, between Willits Company, Inc., a corporation duly organized and existing under and by virtue of the laws of the State of Wyoming, grantor, and Willits Company, Inc., a corporation duly organized and existing under and by virtue of the laws of the State of Wyoming, grantee, whose legal address is 1417 W. 6th Avenue, Cheyenne, WY 82001: WITNESS, that the grantor, for and in consideration of the sum of TEN DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUITCLAIMED, and by these presents does remise, release, sell and QUITCLAIM unto the grantee, its successors and assigns forever, all the right, title, interest, claim and demand which the grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: See Exhibit A attached hereto and incorporated herein by this reference TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantee, its successors and assigns forever. IN WITNESS WHEREOF, the grantor has caused its corporate name and seal to be hereunto subscribed by its President, on the day and year first above written, Willits Company By: 1 Robe g‘f C. Willits, President and Authorized Signatory STATE OF COLORADO County' of 1 ss. My Can. Expires 9/3/06 The foregoing instrument was acknowledged before me this « day of� 2004, by Robert C. Willits, as President and Authorized Signatory of Willits Company, Inc., a corpora n duly organized and existing under and by virtue of the laws of the State of Wyoming. Witness my hand and official seal. My commission expires: 02 AL Nowt' Public Name and Address of Person Creating Newly Created Legal Description 038-35-106.5, 5, C.RS.) After recording, return to: Willits Company, Inc. 1417 W, 6th Ave. Cheyenne, WY 82001 SKLD, Inc. SKL14073 WE 3214454-2004.001 11111111111 11111 IIIII Mil 111111111111111 11111 3214454 08/3112004 03:05P Weld County, CO 2 of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder Exhibit A Legal Description — Parcel 1 That portion of the Southwest Quarter of Section 18, Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado, being more particularly described as follows: Considering the West line of said Southwest Quarter as assumed to bear South 00'00'00" West and with bearings contained herein relative thereto: Beginning at the Northwest corner of the Southwest Quarter of said Section 18; thence along the West line of said Southwest Quarter South 00°00'00" West 2270.64 feet to a point on the Southerly Right of Way of the Great Western Railroad, said point being the TRUE POINT OF BEGINNING; thence continuing along the West line of said Southwest Quarter South 00°00'00" West 372.29 feet to the Southwest corner of said Southwest Quarter; thence along the South line of said Southwest Quarter North 89°32'26" East 437.95 feet to a point on the Southerly Right of Way of the Great Western Railroad; thence along said Southerly Right of Way North 49°53'59" West 572.52 feet to a point on the West line of said Southwest Quarter and the TRUE POINT OF BEGINNING. Said parcel contains 1.87 acres, more or less, and is subject to all existing easements and/or rights of way of record. SKLD, Inc. SKL14073 WE 3214454-2004.002 ID II I 11111 11111 11111 111111111111010111111 III) VIII 3214454 08/31/2004 03:05P Weld County, CO 3 of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder Exhibit A Legal Description — Parcel 2 That portion of the Southwest Quarter of Section 18, Township 5 North, Range 67 West of the 6th Y.M., Weld County, Colorado, being more particularly described as follows: Considering the West line of said Southwest Quarter as assumed to bear South 00°00'00" West and with bearings contained herein relative thereto: Beginning at the Northwest corner of the Southwest Quarter of said Section 18; thence along the West line of said Southwest Quarter South 00°00'00" West 446.46 feet to a point on the Southerly Right of Way of the Union Pacific Railroad, said point being the TRUE POINT OF BEGINNING; thence continuing along the West line of said Southwest Quarter South 00°00'00" West 1745.74 feet to a point on the Northerly Right of Way of the Great Western Railroad; thence along said Northerly Right of Way South 49°53'59" East 693.15 feet to a point on the South line of said Southwest Quarter; thence along said South Linc North 89°32'26" East 1422.72 feet to the Southwest corner of that certain parcel of land as described in Book 1447 at Reception Number 02393842, records of said County; thence along the West line of said Book 1447 at Reception Number 02393842 North 00°01'45" East 153.29 feet to a point on the Southerly Right of Way of the Union Pacific Railroad; thence departing said West line and along said Southerly Right of Way North 43°55'36" West 2815.12 feet to a point on the West line of said Southwest Quarter and the TRUE POINT OF BEGINNING. Said parcel contains 49.93 acres, more or less, and is subject to all existing easements and/or rights of way of record. SKLD, Inc. SKI,14073 WE 3214454-2004.003 11111111111 11111 IIIII 11111 1111111P 111111 III 11111 IIII IIII ty, CO 4 of 4 0813112004 0.00 Steve Moreno d Clerk & Recorder Exhibit A Legal Description — Parcel 3 That portion of the Southwest Quarter of Section 18, Township 5 North, Range 67 West of the 6th P.M., Weld County, Colorado, being more particularly described as follows: Considering the West line of said Southwest Quarter as assumed to bear South 00°00'00" West and with bearings contained herein relative thereto: Beginning at the Northwest corner of the Southwest Quarter of said Section 18, said point being the TRUE POINT OF BEGINNING; thence along the West line of said Southwest Quarter South 00°00'00" West 230.24 feet to a point on the Northerly Right of Way of the Union Pacific Railroad; thence along said Northerly Right of Way South 43°55'36" East 2424.08 feet; thence departing said Northerly Right of Way North 00°32'22" West 1993.15 feet to a point on the North line of said Southwest Quarter; thence along said North line South 89°25'00" West 1663.00 feet to the Northwest corner of said Southwest Quarter and the TRUE POINT OF BEGINNING. Said parcel contains 42.49 acres, more or less, and is subject to all existing easements and/or rights of way of record. SKLD, Inc. SKL14073 WE 3214454-2004.004 'Z m r r ar D eZ 0) C m Z :0 yz 70 SKID, Inc. SKL14073 WE 3311423-2005.001 293 �h�IM 11111 lu ll 1111111 IIII IIII 1111111 III 111111111 IIII 3400293 07/05/2006 11 20A Weld County, CO 1 of 2 R 11 00 0 47.00 Steve Moreno Clerk & Recorder WARRANTY DEED 'this Deed, made. June 28, 2006 Between Willits Company, Inc, a Colorado Corporation of the County of Imrimer, Stare of COLORADO, grantor(s) and Robert Wilson, a Tenant in Severalty whose legal address is 941 Worthington Circle, Fort Collins, Co 80526 of the County of Larimer, and State of COLORADO, grantee. WITNESS, That the grantor, for and in the consideration of the suns of FOUR HUNDRED SEVENTY THOUSAND AND (10/100 DOLLARS (8470,000.00 a the receipt and sufficiency of which is hereby acknowledged, has granted, bargained. ,old and conveyed, and by these presents does grant, bargain, sell, convey and confirm, moo she grantee, their heirs and assigns forever, all the real property together with improvements, if arty, situate, lying and bang in the County oi'f,r{ /lair State of COLORADO described as lidlor.a See Exhibit A attached hereto and made a part hereof. also known by street and number as 27292 WCR 13, Loveland, CO 80537 TOGETHER with all and singular Itexed i laments and appurtenance a, thmnmW belonging. or in anywise appenai ii ng, and the reversion and reversions, remainder and remainders. rents 'sues :cod Prot] a diet cif, and all the estate, right, title, mtemvt. clam' and demand oh:nsoeser of the granter, either m IoW s Nulty, of, in and to the above bargained premises, with the hereditament> and appurtenances. TO IL\\7: AND TO HOLD said premises above bargained and described, with the appurtenances, unto the grantee, its ire is s and assigns forever. And the grantor, for himself, his heirs and personal representatives, does Covenant, grans, bargain and agree to and with the granter, his heirs and assigns, that at the lime of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolu¢ and indefeasible estate of inheritance, in lass, m fee simple. and hey good right, full poser and lawful authority to grant, bargain. sell and cons e) the same in manner and fonts as aforesaid, and that the saute are free and clear tram all former and other gun's, bargains, sales, liens, taxes. assessments, encumbrances and restrictions of whales n kind of natute so vsct. es rept fur taxes for the current year, a lien but nal yet due and p:n:tble, and those specific Exceptions described by reference to recorded documents as reflected lit the Title Documents accepted by Buyer in accordance with auction 8a (Title Review) of the contract dated May 3, 2006, betttecn the yartien. The glamor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet anal peaccah_e possession of the girl late, his hci; s and assigns, against all and every person or persons I:svtully claiming af.e whole or any part thereof. The singe re number shall include the plural, the plural the singular A the use of flue ge icier steal, tar applicable to all genders IN WITNESS WHEREOF. the grantor has executed this on the dare set'move l�5 4.1.9'5\ Willits Cq any, n Colo ra a ('o ,nru t -t .,,5' sr , G� 9 The foregoing instrument was acknowledged, subscribed and sworn to before me June 28, 2006 by Robert Willits, President of Willits Company, Inc„ a Colorado Corporation. Witness my hand and official seal, Robert W Wit , Rasidcnt STATE OF COLORADO COUNTY OF LARIMER tlon After Recording Return to: Larimer & Adams County Only Robert Wilson 947 Worthington Circle Fon Collins. Co 50526 Wo.wrrrants Meal )ss: Notary Public Kilt My Conm, us wa.g. 1i(l (cur'' 2c Su lidlm ires. 09-18-06 FAIT@ ESCROW NO, Jl2-IIou6739.nxs-Ic\S SKLD, Inc. SKL14073 WE 3400293-2006.001 1 111111 11111IIII11111111111111111111111111 111111111111 3400293 07/05/2006 11:20A Weld County, CO 2 of 2 R 11 00 0 47.00 Steve Moreno Clerk & Recorder Exhibit A Subdivision Exemption No. 1053, recorded August 9, 2005 at Reception Number 3311423 being more particularly described as follows; l hat portion of the Southwest Quarter of Section I8, Township 5 North, Range 67 West of the 6i1' I',M., Weld County, Colorado being more particularly described as follows'. Considering the West line alas d Southwest Quarter as assumed to bear South CO°00'00" West and with hearings soma Lied herein relative thereto: Beginning at the Northwest corner ofthe Southwest Quarter of said Section I R; thence along Inc West line of said Southwest Quarter South 00°00'00" West 446.46 fest to point on the Soidierly Right of Way oflhe Union Paeilie Railroae, said point being she TAUC PO:NT OF BEGINNING: thence continuing along the West line of said Southwest Quarter South 06'00'00" West 861.75 feet, thence departing said West line North 90'00'00" Fast 830.06 feel to a point on the Southerly Right of Way of the Union Pacific Railroad; thence alo.ig said Southerly Right of Way North 43°55'36" West 1196.511 fuel to a point on the West line of said Southwest Quarter and toe "'RUE POINT OF 3PG INNING, County of Weld, State of Cn'orade SKLD, Inc. SKL14073 WE 3400293-2006.002 294 111111111111111111111111111 Li 1111111 III IIIII Ill IIII 3400294 07/06/2006 11:20A Weld County, CO 1 of 2 R 11.00 D 47.00 Steve Moreno Clerk 8 Recorder WARRANTY DEED This Deed, made June 28, 2006 Between Robert Wilson of the County Ultimo-, State of COLORADO, grantor(s) and Christopher C. Howard and Marsanne Howard, as Joint Tenants whose legal address is 27292 WCR 13, Loveland, CO 80537 of the County of Weld, and Stale or COLORADO, grantee. \AI-1'NESS. That she g,.ull,'l. lot in are .unsnlnntlun of the %Lint at FUUIt IIUNDRED SEVENTY THOUSAND AND 011/1(10 DOLLARS (5470,(1110.00 I the I.ce,pt :nos sufileiency of which is hereby uckuosdcdaea, has granted. bargained, sold andsumac) ed. and b) these presents does grant, bargain. sell, Convey and n, unto the gumee, then hear. and assigns forever, all the real property [nether will improvements, if :my, situate, lyny and being in the County 05 lwtNxrer, State of COI.ORAADU desalist as follow, See Exhibit A attached hereto and made a part hereof. also known by street and number as 27292 WC.7( 13. Loveland, ('O 80537 or:EnIHit with all and singular lirredinmcnts and apporanances, titemuuln lieto:wing, or in an) wise apped: mine. and the ono and trecisions. re of Wtt and remainders. rents issue' sJ r I tl tr I ntd all the t Agin. List miler Clam( and demand whatsoever of the gsaotor either rl lass or ninny, f III and in Mc abuse l Igained 'itemises, with the he:editanmams and appuncuanees. TO IIAVE AND TO IIOL11 said premises above bargnned and described, with Ilse :pynl:Ienlm¢es, unto the gun tees arts heirs and assigns forever. And the grantor, for himself, his heirs and personal represcoranves, does cosennrn, gi:uu, bat g.nin and' agree to and walk the granter, his hears and assigns, that at the rime of the unsealing and delivers or these presents. he is well sewed of the prnu6cs above conveyed. has good. sure, nether, absolute and sr.deleastble estate of mheiitance, In law- in lee simple. and has good right, fill power and lawful aunhomy to grant, bargain, sell and .olivey the simile in uunuc .nit taint Its afar tsdld, and that the ::: tic tree and darer from all turner and other pants, hargauls, sale,. Gen::. arixes, assessnellh. of , nabrslmees and iesu¢bonx of whatever kind of m,anre so es esarpt fear hues for the current year, a lien but not yet due and pamlle, nud those spceife Esccplious described bs reference to recorded dacununts as ndleeleil In Olt Title Documents accepted by Buyer In act:mom ,: whit section Na 1'1'itiv Res iris) of the contract elated Julie 13.2004, betsseen the pal ties. the grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the rimer and peaceable possession of ;are grantee. his hairs and assigns, mains; all and every person or lrc(sonv Imdimlly claiming the seliole or any part thereof' The singular number shall include the plural, the plural ale sineula r and the use of any render shall be applicable in all genders. IN WI FNS W❑ g Rh:OF, :he gin -nor has executed Ibis on the date se: Laths above 'ATE. OF COLORADO OIINTV OF LARIMER ss: KATHY SULLIVAN NOTARY PUBLIC STATE OF COLORADO My Commission Expires 09118106 The foregoing instrument was acknowledged, subscribed and sworn to before me June 28, 2006 by Robert Wilson. Witness my hand and official seal. ACcr Rc:osNng Return o'. I- :Rimy -&..Adams County Only Else antassl mr C. I ikm aid 27292 'NCR Ii I Deeland, CO 50527 :A.1)-Rtxrcrty Deed Nsemy Public 'at?) Sullivan 'dy t'onunuvoru plres' 09-18-06 FA -IT@ SCOW ND fir 111:1 23Ari llas_l(1% SELD, Inc. SKL14073 WE 3400294-2006.001 Exhibit A Subdivision Exemption No. 1053, recorden Auger 9. 2005 at Reception Nu bar 3311423 being more part iadady described as follows: That portion of the Southwest Quarter of Section 18, Township 5 North, Range 67 Weal of the 6' P.M , Weld County, Colorado being more psit:eularly described as follows: Considering the West line of said Southwest Quarter as assumed to bear South 00°00'00" West and with bearings contained herein relative thereto: Bcgior.ng at the Northwest Cotner of the Southwest Quarter ofsa id Section IS; thence along t'ile West line of sa'd Sea ht west Quarter South 00"00'00" Weal 440. du Tart to a point on the Soud,cny [tight of Way of the Union Facile Railrone, said pout, being the TRUE POINT OF f1UiINNING. thence continuing along the West I.nc of said Southwest Quarter South 00°00'00' West 861.75 feet; thence departing said West line North 90°00'00" East 830.06 foe: to e point on the Southerly Right of Way of the Union Pacific Raaroad; thence along sold Southerly Right of Way Nonh 43°55'36" West 1196.50 feet to a point on the West line of said Somhwes' Quarter and the TRUE. POINT OF BECINNINU, County of Weld, State of Colorado 111111111111111111111111111111111011111111111111111111 3400294 07/05/2006 11•20A Weld County, CO 2 of 2 R 11.00 D 47.00 Steve Moreno Clerk & Recorder SKLD, Inc. SKL14073 WE 3400294-2006.002 4097199 04/08/2015 01:52 PM Total Pages: 2 Rec Fee: $16.00 Doc Fee: $48.50 Carly Koppes - Clerk and Recorder, Weld County, CO NI I III III I IIII1I I IIIIIIIIIIIIIIIIIII III Warranty Deed (Pursuant to 38-30-113 C.R.S.) THIS DEED, made m March 31, 2015 by CHRISTOPHER C. HOWARD AND MARSANNE HOWARD Grantor(s), of the County of LARIMER and State of COLORADO for the axsideradon of (S485,000.04) "' Four Hundred Eighty Five 7tmmaed and MAIO •++ dollars in band paid, hereby sells and conveys to SAGE BRUSH, LLC, A COLORADO LThIITi) LIABILITY COMPANY Grantee(s), whose street °Lidless is 3912 BIDENS GATE DRIVE TIMNATH, CO 88547, County of FARMER, and State of COLORADO, the following real property in the County of Weld, and State of Colorado, to van State Documentary Fee Date: Mast 31, 2015 SMA0 SEE ATTACHED "EXHIBITA" also known by street and mmmber as; 27782 WELD COUNTY ROAD 19 JOHNSTOWN CO 80534 with all its appurtenances and warrants the title to the same, subject to general trues pr the year 201S and those specific Exceptions described by reference to recorded documents as reflected in the not Documents accepted by Gnintee(s) in accordance with Record Tine Mann (section 8.2) of the Contract to Bay and Sell Real Estate relating to the above described real properly: distribution u[iiid easements, ancludin0 cable n9; those specifically described rights a fddrdparmes mtshown Ay die public records of which Grantee(s) has actual knowledge and which were accepted by Granter(s) in accordance with Off -Record role Maven (Section 8.3) and Saran Siam Review (Section 9) of the Contract to Buy mad Sell Real Estate relating to dr above described real properly; Inclusions of the Property within any special tax dlsoit; and odbsr NONE C. HOWARD MAR !ANNE lid WARD State of COLORADO County of LARIM ER ) )ss. ) The foregoing instrument was acknowledged before me on this day of March 31, 2015 by CHRISTOPHER C. HOWARD AND MARSANNE HOWARD otazy Folic My momdssion expire t; AMY L ZSCHEILE NOTARY PUBLIC STATE OF COLORADO NOtAAY ID t sesealal84 by Comtantah esplw 9eplrrreer 17, 201e When Recorded Return to: SAGE BRL K, LLC, A COLORADO MUM LiADILIrY COMPANY 9912 AMENS GATE DRIVE IIMNATH, CO 00547 Horn 13!84 01/2011 wd.odt wanaaty Deed (Tatograpbie) SC2312i'927 (21280112) SKLD, Inc. SKL14073 WE 4097199-2015.001 4097199 04/08/2015 01:52 PM Page 2 of 2 EXEDBIT A SUBDIVISION EXEMPTIONNO 1053, RECORDED AUGUST 9, 2005 AT RECEPTION NUMBER 3311423 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE 6TH P.M„ WELD COUNTY, COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE WEST LINE OP SAID SOUTHWEST QUARTER AS ASSUMED TO BEAR SOUTH 00 0000" WEST AND WITH HEARINGS CONTAINED HEREIN RELATIVE THERETO: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 18; THENCE ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER SOUTH 00 00 V0" WEST 446.46 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF THE UNION PACIFIC RAILROAD, SAID POINT BEING THE TRUE POINT OF BEGINNING, THENCE CONTINUING ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER SOUTH 00 0000" WEST861.7S FEET; THENCE DEPARTING SAM WEST LINE NORTH 90 00'00" EAST 830.06 FEET TO A POINT ON TEE SOUTHERLY RIGHT OF WAY OF THE UNION PACIFIC RAILROAD; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY NORTH 43 55'36" WEST 1196.50 FEET TO A POINT ON THE WEST LINE OF SAID SOUTHWEST QUARTER AND THE TRUE POINT OF BEGINNING, COUNTY OF WELD, STATE OF COLORADO. Form 13064 01!2011 wd.odt Warranty Deed (Photographic) FQs725927 (2138018$ SKLD, Inc. SKL14073 WE 4097199-2015.002 RESTATED OPERATING AGREEMENT SAGE BRUSH, LIZ THIS AGREEMENT, restated effective as of November 1, 2007, by and between SAGE BRUSH, LLC, a Colorado limited liability company, (the "Company"), and Elaine Too: Jackson (Elaine), hereinafter sometimes referred to as "Member" or "Merioers." WITNESSETH: IT IS AGREED, in consideration of the promises, covenants, performance, and mutual consideration herein as follows: ARTICLE I Formation of Company 1.1 Articles of Organization. This Company is organized pursuant to the provisions of the Limited Liability Company Laws of the State of Colorado and pursuant to Articles of Organization which provide an effective date of organization of July 20, 200E. The rights and obligations of the Company and the Members shall be provided in the Articles of Organization and this Operating Agreement. 1.2 Conflict Between Articles of Organization and this Agreement. If there is any conflict between the provisions of the Articles of Organization and this Operating Agreement, the terms of the Articles of Organization shall control. ART:CLE II Capital Contributions 2."_ Contributions. The capital contributions to be made by the Members and with which the Company shall begin (or continue) business are as follows: Member Name Contribution lane $500 2.2 Additional Capital Contributions. In the event that the cash funds of the Company are insufficient to meet: its operating expenses or to finance new investments deemed appropriate to the scope and purpose of the Company as determined by the Manager(s), the Members shall make additional capital contributions in the proportions of their capital contributions. The amount of the additional capital required by the Company and the period during which such additional capital shall be retained by the Company shall be determined by the Managers. 2.3 Loans. In lieu of voting an additional assessment of capital to meet operating expenses or to finance new investments, the Company may, as determined by the Manager(s), borrow money from one or any of the Managers, Members, or third persons. In the event that a loan agreement is negotiated with a Manager or Member, he or she shall be entitled to receive interest at a rate and upon such terms to be determined by the Manager(s), excluding the Manager making said loan, if applicable, and said loan shall be repaid to Lhe Manager or Member, with accrued interest, if any, as soon as the affairs of the Company will permit. The loan shall be evidenced by a promissory note obligating the assets of the Company. Such interest and repayment of the amounts so loaned are to be entitled to priority of payment over the division and distribution of capital contributions and profit among Members. ARTICLE III Members' Accounts; Allocation of Profit and Loss; Distributions 3.1 Capital Accounts. A separate capital account shall be maintained for each Member. The capital accounts of each Member shall initially reflect the amounts specified in Section 2.1, and, if a Member has merely promised to contribute the amount specified in Section 2.1 the Company shall maintain a corresponding subscription receivable on behalf of that Member. No Member shall withdraw any part of his or her capital account, except upon the approval of the Managers. If the capital account of a Member becomes impaired, or if he or she withdraws said capital account with approval of the Managers, his or her share of subsequent Company profits shall be credited first to his or her capital account until that account has been restored, before such profits are credited to his or her income account. If, during the period when a Member's capital account is impaired or he or she has withdrawn funds therefrom as hereinbefore provided, an additional contribution is required of the Members for the purposes specified in Section 2.2, then the Member with such withdrawn or impaired capita_ account shall be required tc contribute his or her proportionate share of the additional capital contribution and the deficiency then existing in his or her capital account, so as to return the capital account to the same proportion existing as of the date of the additional contribution. No interest shall be paid on any capital contributions to the Company. L 3.2 Income Accounts. A separate income account shall be maintained for each Member. Company profits, losses, gains, deductions, and credits shall be charged or credited to the separate income accounts annually, or more frequently it the Members shall agree, unless a Member has no credit balance in his or her income account, in which event losses shall be charged to his or her capital account, except as provided in Section 3.1. The profits, losses, gains, deductions, and credits of the Company shall be distributed or charged to the Members as provided in Section 3.3. No interest shall be paid on any credit balance in an income account. 3.3 Allocations Among Members. The profits and gains of the Company shall be divided and the Losses, deductions, and credits of the Company shall be borne in the following proportions: Member Name Percentage Elaine 100- 3.4 Disproportionate Capital Accounts. Notwithstanding the percentages used in the allocation of profits and gains set forth in Section 3.3 above, the capital accounts of Members may differ. Capital accounts shall be maintained as set forth in Section 3.1 above, using generally accepted accounting principles. 3.5 Distribution of Assets. 3.5.1 All distributions of assets of the Company, including cash, shall be made in the proportions among Members as described in Section 3.3 above. 3.5.2 The Manager (s) shall determine, in their discretion, whether distributions of assets of the Company should be made to the Members; provided, however, that no distribution of assets may he made to a Member if, after givino effect to the distribution, all liabilities of the Company, other than liabilities to Members on account of their capital and income accounts, would exceed the fair value of the Company assets. 3.5.3 A Member has no right to demand and receive any distribution from the Company in any form other than cash. ARTICLE IV Rules Relating to the Members 4.1 Original Members; Admission of New Members. The original Members of this company shall be those persons who have signed this Operating Agreement. Additional Members may be admitted upon the unanimous written consent of all Members. 4.2 Voting of Members. A Member shall be entitled to one vote of any matter for which Members are required Lo vote. A member may vote in person or by proxy at any meeting of Members. All decisions of the Members shall be made by a majority vote of the Members at a properly called meeting of the Members at which a quorum is present, or by unanimous written consent of the Members. 4.3 Meeting of Members. 4.3.1 Meetings of Members may he held at such time and place, either within or without the State of Colorado, as may be determined by the Managers or the person or persons calling the meeting. 4.3.2 An annual meeting of the Members shall be held on the first business day of December in each year, or such other date as the Members shall agree. 4.3.3 Special meeting of the Members may be called by the Managers and by at least one -tenth of all of the Members entitled to vote a: the meeting. 4.3.4 Written notice stating the place, day, and hour of the meeting and, in the case of a special meeting, the purpose for which the meeting is called, shall be delivered not less than 10 days nor more than SC days before the date of the meeting, either personally or by mail, by or at the direction of the Managers or any other person calling the meeting, to each Member of record entitled to vote at such meeting. A waiver of notice in writing, signed by the Member before, at, or after the time of the meeting stated in the notice shall be equivalent to the giving of such notice. 4.3.5 By attending a meeting, a Member waives objection to the lack of notice or defective notice unless the Member, at the beginning of the meeting, objects to the holding of the meeting or the transacting of business at the meeting. A Member who attends a meeting also waives objection to consideration at such meeting of a particular matter not within the purpose described in the notice unless the Member objects to considering the matter when it is presented. 4.4 Quorum and Adjournment. A majority of the Members entitled to vote shall constitute a quorum. at the meeting of Members. If a quorum is not represented at any meeting of the Members, such meeting may be adjourned for a period not to exceed 63 days at any one adjournment; provided, however, that if the adjournment is for more than 30 days, a notice of the adjourned meeting shall he given to each Member entitled to vote at the meeting. ARTTCTF V Rules Relating to Managers 5.1 General Powers. Management and ..he conduct of the business of the Company shall be vested in the Manager(s). The Manacer(s) may adopt resolutions to govern their activities and the manner in which they shall perform. their duties to the Company. 5.2 Qualifications of Managers. Managers shall be natural persons 18 years of ace or older cr an entity which is recognized by the State of Colorado or other state in the United States of America. 5.3 Number, Election, and Term. 5.3.1 The number of Manacers shall be one or more. The number of Managers she]] be increased or decreased by the vote or consent of the Members. 5.3.2 The initial Manager, Randy Jackson, shall hold office until the first annual or special meeting of Members and until his successor(s) have been elected and qualified. Thereafter, each Manager elected by the Members shall hold office for a one-year tern or until his or her successor has been elected and qualified. 5.3.3 Managers shall be elected by a vote or consent of the Members at an annual meeting or at a special meeting called for that purpose. 5.4 Removal. Any Manager or Managers of the Company may be removed at any time, with or without cause, by a vote of the majority of the Members then entitled to vote at an election of Managers. 5.5 Meetings and Voting. 5.5.1 Meetings of the Managers may be held at such time and place as the Managers by resolution shall determine. 5.5.2 Written notice of meetings of the Managers shall be delivered at least 24 hours before the meeting personally, by facsimile, or by mail actually delivered to the Manager within the 24 -hour period. A waiver of notice in writing, signed by the Manager before, at, or after the time of the meeting stated in the notice, shall be equivalent tc the giving of such notice. 5.5.3 By attending a meeting, a Manager waives objection to the lack of notice or defective notice unless, at the beginning of the meeting, the Manager objects to the holding of the meeting or the transacting of business at the meeting. 5.5.4 A majority of the Managers entitled to vote shall constitute a quorum at the meeting of Managers. 5.5.5 All decisions of the Managers shall be made by a majority vote of the Managers at a properly called meeting of the Managers at which a quorum is present, or by unanimous written consent of the Managers. 5.6 Duties of Managers. 5.6.1 The Managers shall have the duties and responsibilities as described in the Colorado Limited Liability Company Act, as amended from time to time. 5.6.2 Any one of the Managers shall be authorized to execute any instruments or documents providing for the acquisition, mortgage, or disposition of the property of the Company. 5.6.3 Any debt contracted or liability incurred by the Company shall be authorized only by a resolution of the Managers, and any instruments or documents required to be executed by the Company shall be signed by the Managers or any one of the Managers as designated by resolution of the Managers. 5.6.4 The Managers ray designate any one of the Managers or delegate an er loyee or agent to be responsible for the daily and continuing operation for the business affairs of the Company. All decisions affecting the policy and management of the Company, including the control, employment, compensation, and discharge of employees; the employment of contractors and subcontractors; and the control and operation of the premises and Property, including the improvement, rental, lease, maintenance, and all other matters pertaining to the operation of the property of the business shall be made by the Managers. 5.6.5 Any Manager may draw checks upon the bank accounts of the Company and may make, deliver, accept, or endorse any commercial paper in connection with the business affairs of the Company. 6 5.7 Devotion to Duty. At all times during the term of a Manager, the Manager shall give reasonable time, attention, and attendance to, and use reasonable efforts in the business of the said Company; and shall, with reasonable skill and power, exert himself or herself for the joint interest, benefit, and advantage of said Company; and shall truly and diligently pursue the Company objectives_ 3.8 Indemnification. Managers, employees, and agents of the Company shall be entitled to be indemnified by the Company to the extent provided in the Colorado Limited Liability Company Act, as amended from time to time, and shall be entitled to the advance of expenses, including attorneys' fees, in the defense or prosecution of a claim against him or her in the capacity of Manager, employee, or agent. ARTICLE V_ Books 6.1 Location of Records. The books of the Company shall be maintained at the principal office of the Company or at such other place as the tanagers by vote or consent shall designate. 6.2 Access to Records and Accounting. Each Member shall at all times have access to the books and records of the company for inspection and copying. Each Member shall also be entitled: 6.2.1 To obtain from the Managers upon reasonable demand for any purpose such information reasonably related to the Member's Membership Interest in the Company; 6.2.2 To have true and full information regarding the state of the business and financial condition and any other information regarding the affairs of the Company; 6.2.3 To have a copy of the Company's federal, state, and local income tax returns for each year promptly after they are available to the Company; and 6.2.4 To have a formal. accounting of the Company affairs whenever circumstances render an accounting just and reasonable. 6.3 Accounting Rules. The books shall be maintained on a cash basis. The fiscal year snail be the calendar year. Distributions to income accounts shall be made annually. The books shall he closed and balanced at the end of each calendar year and, if an audit is determined to be necessary by vote or consent of the Managers, it shall be made as of the closing date. The Managers may authorize the preparation of year-end profit and -loss statements, balance sheet, and tax returns by a public accountant. AR=ICLE VII Dissolution 7.1 Causes of Dissolution. The Company shall be dissolved upon the occurrence of any of the following events: 7.1.1 At any time by unanimous agreement of the Members; 7.1.2 Joon the expiration of the period fixed for the duration of the Company in its Articles of Organization; 7.1.3 Upon the death, retirement, resignation, expulsion or bankruptcy of a Member. 7.2 Continuation of Business. Notwithstanding anything to the contrary contained in Section 7.1.3, the Members nay elect to continue the business of the Company, so long as there are at least two Members remaining who then consent to do so, by purchasing the deceased, retired, resigned, expelled, or bankrupt Member's ("Withdrawn Member") Membership Interest. Purchase of Withdrawn Member's Membership Interest. 7.3.1 If the Members elect to continue the business under Section 7.2, the purchase price of the Withdrawn Member's Membership Interest shall be equal to the Withdrawn Member's capital account as of the Effective Date, plus his or her income account as of the end of the prior fiscal year, decreased by his or her share of the Company losses, deductions, and credits computed to the Effective Date, and decreased by withdrawals such as would have been charged to his or her income account during the present year to the Effective Date. For purposes of this Section 7.3.1, the assets of the Company shall be valued at book value, and the withdrawn Partner's capital account adjusted accordingly. The purchase price is subject to setoff for any damages incurred as the result of the Withdrawn Member's actions, and nothing in this paragraph is intended to impair the Company's right to recover damages for the Withdrawn Member's wrongful dissolution of the Company by reason of the Withdrawn Member's expulsion, retirement, resignation, or bankruptcy. 7.3.2 The purchase price determined under Section /.3.1 shall be paid to the Withdrawn Member as follows: in cash on the Closing Date or, if the Members so elect, prior to or on the i • Closing Date to purchase the interest in installments, in three equal annual installments, the first due on the date of closing and the remainder due on the first and second anniversary dates of the closing. Simple interest shall accrue on the unpaid purchase price at the rate of 8% per annum. 7.3.3 The Effective Date shall be the date of death of a deceased Member; the date personal notice is received, or the date the certified mail is postmarked, in the case of a retired, resigned, or expelled Member; or the date the notice is delivered to the Withdrawn Member or to the place of business of the Company, in case of bankruptcy of a Member. 7.4 Distribution of Assets if Business is not Continued. In the event of dissolution of the Company and if the Members do not elect to or are unable to continue the business of the Company under Section 7.3, the Managers shall proceed with reasonable promptness to sell the real and personal property owned by the Company and to liquidate the business of the Company. Upon dissolution, the assets of the Company business shall be used and distributed in the following order: 7.4.1 Anyliabilities and liquidating expenses of the Company will be paid first; 7.4.2 The reasonable compensation and expenses of Managers in liquidation shall be paid; 7.4.3 The amount then remaining shall be paid to and divided among the Members in accordance with the statutory scheme for distribution and liquidation of the Company under the Colorado Limited Liability Company Act, as amended from time tc time. ARTICLE VIII Expulsion of a Member 6.1 Causes of Expulsion. A Member shall be expelled from the Company upon the occurrence of any of the following events: 8.1.1 If a Member shall violate any of the provisions of this Agreement; 8.1.2 If a Member's Membership Interest shall be subject to a charging order or tax lien, which is not dismissed or. resolved to the satisfaction of the Managers of the Company within 30 days after assessment or attachment. E.2 Notice of Expulsion. Upon the occurrence of an event described in Section 8.1 written notice of expulsion shall be given to the viorating Member either by serving the same by personal delivery or by mailing the same by certified mail to his or her last known pace of residence, as shown on the books of said Company. Upon the receipt of personal notice, or the date of the postmark for certified mail, the violating Member shall be considered expelled, and shall have no further rights as a Member of the Company, except to receive the amounts to which he or she is entitled under Sections 7.3 or 7.4. ARTICLE. TX Bankruptcy of a Member 9.1 Bankruptcy Defined. A Member shall be considered bankrupt if the Member files a petition in bankruptcy (or an involuntary petition in bankruptcy is filed against the Member and the petition is not dismissed within 60 days) or makes an assignment for the benefit of creditors or otherwise takes any proceeding or enters into any agreement for compounding his or her debts other than by the payment of them in the full amount thereof, or is otherwise regarded as insolvent under any Colorado insolvency act. 9.2 Effective Date for Bankruptcy. The Effective Date of a Member's bankruptcy shall be the date that the managers, having learned of the Member's Bankruptcy, give notice in writing stating that the Member is regarded as bankrupt under :his Agreement, such notice to be served persona'_ly or by leaving the same at the place of business of the Company. As of the Effective Date, the bankrupt Member shall have no further rights as a Member of the Company, except to receive the amounts to which he or she is entitled under Sections 7.3 or 7.4. ARTICLE X Retirement or Resignation of a Member 10.1 Right to Retire or Resign. A Member shall have the right, at any time, to retire or resign as a Me_rber of the Company by giving three months' notice to the Company at the Company's place of business. This riohL shall not preclude the remaining Members from assessing damages against the withdrawn Member which damages are caused by the Member's retirement or resignation. 1C 0.2 Consecuences of Retirement or Resignation if the Business is Continued. Upon giving notice of an intention to retire or resign, the Withdrawn Member shall be entitled to have his or her Membership Interest purchased as provided in Section 7.3, subject to anv setoff for damages caused by the Member's retirement or resignation, if the remaining Members elect to continue Lhe business of the Company under Section 7.2. Jpon the receipt of notice of the remaining Members' election tc continue the business, the Membership Interest of the Withdrawn Member in the Company shall cease and terminate, and the Withdrawn Member shall only be entitled to the payments provided in Section 7.3. 10.3 Consequences of Retirement or Resignation if the Business is not Continued. If the remaining Members elect not tc continue the business upon retirement or resignation of a Member, or are unable tc do so by law, the Withdrawn Member shall only be entitled to his or her interest in liquidation, as stated in Section 7.4, subject to any setoff for damages caused by the Member's retirement or resignation. ARTICLE XI Death of a Member 11.1 Death of a Member. Upon the death of a Member, the deceased Member's rights as Member of the Company shall cease and terminate except as provided in this Article XI. 11.2 Consequences of Death if Business is Continued. If the surviving members elect to continue the business as provided in Section 7.2, the Managers shall serve notice in writing of such election, within three months after the death of the decedent, upon the executor or administrator of the decedent, or, if at the time of such election no legal representative has been appointed, upon any one of the known legal heirs of the decedent at the last known address of such heir. The Company shall purchase the Membership Interest of the deceased Member as provided in Section 7.3, and the closing of such purchase shall be within 30 days of the notice of such election, except in the event the Company has life insurance en the decedent, in which event the amount and method of payment for the Membership Interest of the deceased Member will be as provided in. Section 11.3. 1"1.3 Insurance. The Company may contract for life insurance on the lives of each of the Members, in any amount not disproportionate to the value of each Member's Membership Interest. In the event of death of a Member, insurance proceeds paid to the Company will be used to purchase the Membership Interest of the deceased Member. The purchase price shall be the greater of the amount determined under Section 7.3 or the amount of insurance proceeds received by the Company. The payment of the purchase price to the decedent's representatives or heirs shall be made within 30 days following. receipt of the insurance proceeds by the company. If the surviving Members do not elect to continue the business of the Company, or are unable to do so by law, the proceeds of any life insurance shall be treated as an asset of the Company for liquidation. 11.4 Consequences of Death if the Business is not Continued. if the surviving Members do not elect to continue the business, or are unable to do so by law, the deceased Member shall only be entitled to his or her interest in liquidation as stated in Section 7.4. ARTICLE XII Sale of a Member's Interest 12.1 Provisions Restricting Sale of Membership Interests. In the event that a Member desires to sell, assign, or otherwise transfer his or her Membership Interest in the Company and has obtained a bona fide offer for the sale thereof made by some person not a member of this Company, he or she shall first offer to sell, assign, or otherwise transfer the Membership Interest to the other Members at the lesser of: the price and on the same terms as previously offered him or her, or the price arrived at under Section 7.3. Each of the other Members shall have the right to purchase his or her proportionate share of the selling Member's Membership Interest. :f any Member does not desire to purchase the Membership Interest on such terms or at such price and the entire Membership Interest is not purchased by the other Members, no other Member may purchase any part of the Membership Interest, and the selling Member may then sell, assign, or otherwise transfer his or her entire Membership Interest in the Company to the person making the said offer at the price offered. The intent of this provision is to reaui_re that the entire Membership Interest of a Member be sold intact, without fractionalization. A purchaser of a Membership Interest of the Company shall not become a Member without the unanimous consent of the non -selling Members, but shall be entitled to receive the share of profits, gains, losses, deductions, credits, and distributions to which the selling Member would be entitled. 12.2 Buy -Sell Provisions. Any Member may give notice to all other Members at any time after this Agreement is signed, stating that such initiating Member desires to utilize the "buy -sell" procedures set forth in this Paragraph 12.2. Said notice shall refer to this Paragraph 12.2 and shall state that the Member receiving such notice shall have the right and option, in such 12 receiving Member's sole discretion, to purchase all of the initiating Member's -nterest in the Company for tho orice se= forth in the notice. To exercise such option, a Member receiving notice must give written notice to the initiating Member, within thirty days after the effective date of the initiating notice, exercising such option and agreeing to purchase the initiating Member's interest. If some or all of the Members receiving such notice desire to exercise such option to purchase, they shall share in the rights and obligations of such purchase ratio of their respective ownership. in the Company immediately prior to such purchase, unless they agree to a different arrangement. If such notice is timely given, the initiating Member shall sell, and the receiving Member(s) shall purchase, all of the initiating Member's interest in the Company, for the price set forth in the notice. The terms of payment shall be certified funds or a cashier's check due at time of closing, unless otherwise specified in the initiating notice, in which event such other terms of payment shall control regardless of which Merb^er(s) purchases hereunder. if the Members receiving notice fail to timely exercise such option, the Members receiving such notice snail sell, and the initiating Member shall purchase, all of the interest in the Company owned by the Members receiving notice, for the price set forth in the notice. Such purchase and sale transaction shall be closed within sixty business days after the expiration of the initial thirty day period (if one or more of the Members receiving notice is the purchaser) or within sixty days after the date of the initiating notice (if the initiating Member is the purchaser). At such closing, the selling Member(s) shall transfer and convey their interest, free and clear of all _liens, pledges security interests, or other rights or claims by third parties. At closing, the purchasing Member(s) and the Company shall indemnify the selling Member(s) against, and agree to hold him or them harmless from, any debt or liability of the Company that was personally guaranteed by the selling Member. ARTICLE XIII Members' Covenants 13.1 Member's Personal Debts. In order to protect the property and assets of the Company from a claim against any Member for personal debts owed by such Member, each Member shall promptly pay all debts owing by him or her and indemnify the Company from any claim that might be made to the detriment of the Company by any personal creditor of such Member. 13.2 Alienation of Membership interest. No Member shall, except as provided in Article X=I, sell, assign, mortgage, or otherwise encumber. his or her Membership Interest in the Company or in its capital assets or property; or enter into. any agreement of any kind that will result in any person, firm, or other organization becoming interested with him or her in the Company; or act detrimental to the best interests of the Company. ARTICLE XIV Arbitration 14.1 Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach thereof shall be settled by arbitration relating in accordance with the rules of the American Arbitration Association then in existence. Judgment upon the award rendered by said arbitration may be entered in any court having_. ji:ris•d=:c:ion thereof. Costs of arbitration shall be paid by the Loser. If one Member notifies the other Member in writing of a dispute, claim, or controversy within six months of the arising of such dispute, claim, or controversy and requests that the same be arbitrated, no legal action may then be commenced thereon, except to obtain judgment on the arbitration award. ARTICLE XV Miscellaneous Provisions 15.1 Inurement. This Agreement shall be binding upon the parties hereto and their respective heirs, executors, administrators, successors, and assigns, and each person entering into this Agreement acknowledges that this Agreement constitutes the sole and complete representation made to him or her regarding the Company, its purpose and business, and that no oral or written representations or warranties of any kind or nature have been made regarding the proposed investments, nor any promises, guarantees, or representations regarding income or profit to be derived Iron any future investment. 15.2 Lawful Purpose. The objects and purposes to be transacted, promoted, and to he carried on by the Company include those set tortn in the Articles of Organization, together with any other lawful purpose. 15.3 Organizational Expenses and other Expenses. Members and/or Managers may obtain reimbursement from the Company for Costs and expenses personally incurred ?n connection with the organization of the Company. The Company may deduct such organization costs ratably over the period of time permitted by the Internal Revenue Code of 1986, as amended, consistent with the advice of the Company's tax advisors. Members and/or Managers 14 may also obtain reimbursement from the Company for all reasonable expenses incurred on behalf of the Company. 15.4 Modification_ This Agreerent may he modified from time to time as necessary onTy by the written agreement of the Company, acting through the vote or consent of __s Hanarer(s', aid the heobers. iqr IN WITNESS HEREOF, the undersigned enter into this men: cc the date first above written. SAGE ;hUSE., LLC, a Colorado Limited Liability Co:rcal'v Randy Jacks.', Ye 15 Elaine Too= Jackson/ Member Hello