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HomeMy WebLinkAbout20150565.tiff CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD The UNIFIED TITLE COMPANY OF NORTHERN COLORADO hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION: All of Section 8, Township 9 North, Range 57 West of the 6`h P.M., County of Weld, State of Colorado. CONVEYANCES (if none appear, so state): Reception No. 2432477 Book 1485 Reception No. 2149517 Book 1203 Reception No. 2086747 Book 1144 Reception No. 1779385 Book 857 Reception No. 1779384 Book 857 Reception No. 1681037 Book 759 Reception No. 1608246 Book 686 Reception No. 1428189 Book 506 Reception No. 955006 Book 1153, Page 386 The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be constructed as an Abstract of Title nor an opinion of Title, nor a guarantee Title and the liability of UNIFIED TITLE COMPANY OF NORTHERN COLORADO, is hereby limited to the fee paid for this Certificate. In Witness whereof, UNIFIED TITLE COMPANY OF NORTHERN COLORADO, has caused this certificate to be signed by its proper officer this 30th day of October, 2014, at 5:00 p.m. Company: UNIFIED TITLE COMPANY OF NORTHERN COLORADO By: Authorized Signature 3690 W 10th Street 2nd Floor Greeley,CO 80634 '� " e'' ) Phone 356-3551 L.,&We e�:.•� n rti(SWAN' Fax 356-2063 AR2V32 g7) WARRANTY DEED THIS DEED, Made this 31st day of March, 1995 between Bret A. MCEndaffer and Gene Belk of the County of Weld and State of Colorado, grantor, and Colby N. VanCleave and Sandra H. VanCleave 50985 Weld County Road #135 whose legal address is ANNIX8Wfx.10, New Rayner, Colorado 80742 of the County of Weld and State of Colorado, grantees, WITNESS that the grantor for and in consideration of the sum of SIX HUNDRED TWENTY FIVE THOUSAND AND 00/100, (6625,000.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, hes granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but in JOINT TENANCY, all real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF 50985 Weld County Road #135 also known by street and number ae Rffirjetaff8B81, New Rayner, Colorado 80742 nO TOGETHER with all sad singular the hereditsaente sad appurtenances thereunto lIL belonging, or iv anywise appertaining end the reversion sad rovers ions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, e. `kJ interest, claim and demand whatsoever of the grantor, either in law or equity, of, in (pd and to the above bargained premises, with the hereditament' and appurtenances. TO RAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well eeised of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the mane in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, , encumbrances end restrictions of whatever kind or nature soaver, except except general taxes for 1995 and subsequent years; except easements, restrictions, covenants, conditions, reeervatione and rights of way of record, if any; except Deed of Trust in favor of The Farm Credit Bank of Wichita, a corporation recorded July 27, 1980 in in Book 1203 as Reception No. 2149519 ; 2432477 B-1485 P-736 04/03/95 03:28P PG 1 OF 3 REC DOC Weld County CO Clerk & Recorder 15.00 62.50 The grantor shall end will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable pa ion of the grantees, their hairs end assigns, against ell and every person or persons lawfully claiming the whole or any part thereof. The singular number shell include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. %i'a> , Bre)/A. MCEndaffer , 7j/y3 . ) , ! Gene Belk STATE OF COLORADO ) } as. The foregoing instrument was acknowledged before me County of Weld ) this 31st day of March, 1995 by Bret A. MCEndaffer and Gene Belk Witness my hand and official seal. r"7Zr7 DARELLA L NOTARY PUBLIC Ba OCH flfl 1113 Tenth Avenue No. • Rev. 3,�� Greeley, COLORADO 80631 9 v CIP CCAIPPp 2432477 B-1485 P-736 04/03/95 03:28P PG 2 OF 3 "EXHIBIT A" LEGAL DESCRIPTION PARCEL 1: Lots 3, 4, The N1/2, the E1/2 of the SW1/4, the W1/2 of the SE1/4 and the SE1/4 of the SE1/4 of Section 7, Township 8 North, Range 58 West of the 6th P.M. , County of Weld, State of Colorado. PARCEL 2: The NW1/4 of the NE1/4 of Section 18, Township 8 North, Range 58 West of the 6th P.M. , County of Weld, State of Colorado. PARCEL 3: The NE1/4, the E1/2 of the NW1/4 and the N1/2 of the SE1/4 of Section 12, Township 8 North, Range 59 West of the 6th P.M. , County of Weld, State of Colorado. PARCEL 4: All of Section 4, Township 9 North, Range 57 West of the 6th P.M. , County of Weld, State of Colorado. PARCEL 5: All of Section 5, Township 9 North, Range 57 West of the 6th P.M. , County of Weld, State of Colorado. PARCEL 6: All of Section 6, Township 9 North, Range 57 West of the 6th P.M. , County of Weld, State of Colorado. PARCEL 7: The E1/2 and the SE1/4 of the SW1/4 of Section 7, Township 9 North, Range 57 West of the 6th P.M. , County of Weld, State of Colorado. PARCEL 8: All of Section 8, Township 9 North, Range 57 West of the 6th P.M. , County of Weld, State of Colorado. PARCEL 9: All of Section 9, Township 9 North, Range 57 West of the 6th P.M. , County of Weld, State of Colorado. PARCEL 10: The N1/2, the SW1/4 and the W1/2 of the SE1/4 of Section 17, Township 9 North, Range 57 West of the 6th P.M. , County of Weld, State of Colorado. PARCEL 11: The NE1/4 and the N1/2 of the SE1/4 of Section 18, Township 9 North, Range 57 West of the 6th P.M. , County of Weld, State of Colorado. PARCEL 12: 2432477 B-1485 P-736 04/03/95 03:28P PG 3 OF 3 The E1/2 of the NE1/4 of Section 19, Township 9 North, Range 57 West of the 6th P.M. , County of Weld, State of Colorado. PARCEL 13: The N1/2 of Section 20, Township 9 North, Range 57 West of the 6th P.M., County of Weld, State of Colorado. PARCEL 14: The W1/2 of the NW1/4 of Section 21, Township 9 North, Range 57 West of the 6th P.M. , County of Weld, State of Colorado. PARCEL 15: The E1/2 of Section 1, Township 9 North, Range 58 West of the 6th P.M. County of Weld, State of Colorado. TOGETHER WITH all of Grantor(s) interest in and to all water, water rights, tributary and non-tributary, well and well rights, ditch and ditch rights, spring and spring rights, reservoir and reservoir rights appurtenant to the property being conveyed hereby. TOGETHER WITH all of Grantor(s) interest, if any, in and to any and all mineral rights, oil, gas, sand, gravel and hydro-carbons appurtenant to the land. State Documentary Fee . Da OO $ AR2149517 F 2072 MARYO 214517 ANN9 FEUERSTEIN'CLERK &2RECORDER WELD CO,O RE No. 11524 CO SPECIAL WARRANTY DEED THE TRAVELERS INSURANCE COMPANY, whose principal place of business is One Tower Square, Hartford, Connecticut, and whose address for purpose of notice hereunder is Post Office toxC 8161, 16 , 2121 North California Boulevard, Sufoite 100,coWailnut ion of California 94596-8161 ("Grantor"), bangainsi, sold and $400 ,000.00 in hand paid, has granted, g bar air, eels, convey conveyed, and by these presents does grant, and confirm unto DRF.T A. McENDAPPER and.5, GENEw Ra LE as Joint tenants,2 whose d)t, their sus is ccessors55 and and assigns forever, all the real r perty,e togsituate, real property, together with the improvements, if any, lying and being in the describ d on Exhibit A State attached Colorado hereto(the "Property") , and "Property") , and as incorporated herein. TOGETHER WITH all and singular the heredi anents andaappur- e tenances thereunto belonging, or in anywise app reversion and reverrions, remainder and remainders, r rentrents, titles DF and profits thereof; and all of the estate, $40.00 interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the Property. EXCEPT, specifically excluded from this conveyance are any and r reserved mithene rsaidal ri 6hts and interests of the Grantor which shall be TO HAVE AND TO HOLD the said Property above bargained and described with the appurtenances, unto the Grantees, th its eir sccessors and assigns r. The successors and assigns, f does covenant Grantor, covenant and for decree that itself, it will WARRANT AND FOREVER DEFEND the Property in the quiet and peaceful possession of the Grantees, their successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor, subject to those items described on Exhibit B, attached hereto and incorporated herein. IN WITNESS WHEREOF, the Grantor has ➢dd its corporate asgica name to be hereunto subscribed by its attested by its and its corporate seal to be hereunto day a xeJ_112:2_____________, 198E. Assistant Secretary on this of -- 7v--- GRANTOR: THE TRAVELERS INSURANCE COMPANY, a Connecticut corporation 4Etr2s z n � 1' �p By: titi SEAL F Neil Hamilton ___, Re Iona (4 [Name] [Title] Amp [SEAL] ATTEST:(� By: - Ass nt Secretary Marion Blackwood, Jr., -1 - . B 1203 REC 02149517 07/27/88 12:25 $21.00 2/007 F 2073 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO STATE OF CALIFORNIA ) ) ss. COUNTY OF CONTRA COSTA ) The foregoing instrument was acknowledged before me by Neil Hamilton as the _Regional Director of The Travelers Insurance Company, this 18th day of July , 1988. Witness my hand and official seal. My Commission expires: i[.!/Li I 7,7";77 OHIAKli1L r+:•; SANDRA E KEITH .1.1 • • .: NOTARY SMUG•OMfl'W ic___ u� !!•' -Thil TICEW Notary Public CGNnN GOAT WSTY W co:naloe tan WM t 1911 -2 - B 1203 REC 02149517 07/27/88 12:25 $21.00 3/007 F 2074 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO EXHIBIT A PARCEL 1: Lots 3, 4, the N1, the E1/2 of the SWk, the Wk of the SEk and the SEk of the SEk of Section 7, in Township 8 North, of Range 58 West of the 6th P.M. PARCEL 2: The NWk of the NEk of Section 18, in Township 8 North, of Range 58 West of the 6th P.M. PARCEL 3: The NEk, the E1/2 of the NA and the Nk of the SEk of Section 12, in Township 8 North, of Range 59 West of the 6th P.M. PARCEL 4: ALL of Section 4, in Township 9 North, of Range 57 West of the 6th P.M. PARCEL 5: ALL of Section 5, in Township 9 North, of Range 57 West of the 6th P.M. PARCEL 6: ALL of Section 6, in Township 9 North, of Range 57 West of the 6th P.M. PARCEL 7: The Ek and the SEk of the SWk of Section 7, in Township 9 North, of Range 57 West of the 6th P.M. PARCEL 8: ALL of Section 8, in Township 9 North, of Range 57 West of the 6th P.M. PARCEL 9: ALL of Section 9, in Township 9 North, of Range 57 West of the 6th P.M. PARCEL 10: The N1, the Swk, and the Wk of the SEk of Section 17, in Township 9 North, of Range 57 West of the 6th P.M. PARCEL 11: The NEk and the Nk of the SEk of Section 18, in Township 9 North, of Range 57 West of the 6th P.M. PARCEL 12: The E4 of the NEk of Section 19, in Township 9 North, of Range 57 West of the 6th P.M. PARCEL 13: The N4 of Section 20, in Township 9 North, of Range 57 West of the 6th P.M. PARCEL 14: The W1 of the NWk of Section 21, in Township 9 North, of Range 57 West of the 6th P.M. PARCEL 15: The Eh of Section 1, in Township 9 North, of Range 58 West of the 6th P.M. B 1203 REC 02149517 07/27/88 12:25 $21.00 4/007 F 2075 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT B 1. Rights or claims of parties in possession not shown by the public records, 2. Easements,or claims of easements,not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area,encroachments,and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien,or right to a lien, for services,labor,or material heretofore or hereafter furnished,im- posed by law and not shown by the public records. 5. Taxes due and payable;and any tax,special assessments,charge or lien imposed for water or sewer service,or for any other special taxing district. 6. Rights of way for county roads 30 feet wide on each side of section and township lines, as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. 7. Right of way for ditches or canals constructed by the authority of the United States, as reserved in the Patents recorded in the following Books and Pages: Book Page Book Page Book Page Book Page 916 155 668 158 418 201 396 290 507 55 667 23 511 513 396 266 418 556 677 26 668 276 677 93 461 373 595 261 668 114 333 96 507 498 993 408 396 517 396 366 460 2 460 4 418 190 668 20 8. The right of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect said land as contained in the Patent to David S. Gibson, recorded September 9, 1916, in Book 333 at Page 96. (Affects Nle NEk; Rh NWk Section 20, Township 9 North, Range 57 West) 9. An undivided § interest of all oil, mineral and gas rights, as reserved by John C. Dugan in the Deed recorded December 7, 1922 in Book 622 at Page 564, and any interest therein or rights thereunder. (Affects NEk; Nh SEk Section 18; Wy SWk Section 17, Township 9 North, Range 57 West) 10. An undivided # interest in and to all of the oil, gas and other minerals, as granted to Walter E. Bliss by Deed recorded August 22, 1931 in Book 918 at Page 446, and any interest therein or rights thereunder. (Affects NEk; El NWk; 11S SEk, Section 12, Township 8 North, Range 59 West) 11. An undivided t interest in and to all of the oil, gas and other minerals, as granted to Harley R. Hinton by Mineral Deed recorded October 7, 1931 in Book 921 at Page 304, and any interest therein or rights thereunder. (Affects Lots 3 and 4; Eli SWk; W1 SEk; SEk SEk Section 7; NA NEk Section 18, Township 8 North, Range 58 West) 12. An undivided 1/8 interest in and to all the oil, gas and other minerals, as granted to Edgar A. Elliff by Mineral Deed recorded April 13, 1933 in Book 945 at Page 560, and any interest therein or rights thereunder. (Affects Lots 3 and 4; Eh SW1; Ws SEk; SEk SEt , Section 7, NA NEk Section 18, Township 8 North, Range 58 West) 13. An undivided 1/8 interest in and to all of the oil, gas and other minerals, as granted to Edgar A. Elliff by Mineral Deed recorded April 22, 1933 in Book 945 at Page 604, and any interest therein or rights thereunder. (Affects Lots 3 and 4; Ek SWk; Wk SEk; SEk SEk Section 7; and NWk NEk Section 18, Township 8 North, Range 58 West) 71166 -4- A-S PMCEN • B 1203 REC 02149517 07/27/88 12:25 $21.00 5/007 • F 2076 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO. CO 14. All of the oil, gas, coal and other minerals now, or at any time hereafter, as granted to B. L. Lugenbeel by Deed recorded December 30, 1933 in Book 954 at Page 61, and any interest therein or rights thereunder. (Affects S4 of the SEA, Section 5, Township 9 North, Range 57 West) 15: An undivided 1/10 interest of all oil, gas and other minerals, as reserved by P. C. Jenkins in the Deed recorded May 11, 1936 in Book 992 at Page 554, and any interest therein or rights thereunder. (Affects N1 Section 4, Township 9 North, Range 57 West) 16. An undivided 1 interest of all mineral rights, as reserved by Carl Frederick Fischer in the Deed recorded December 16, 1937 in Book 1019 at Page 468, and any interest therein or rights thereunder. (Affects W1 Section 6, Township 9 North, Range 57 West) 17. An undivided k interest of all oil, gas and other minerals, as reserved by Frank G. Sundberg in the Deed recorded December 1, 1938 in Book 1034 at Page 209, and any interest therein or rights thereunder. (Affects E1/2 Section 6, Township 9 North, Range 57 west) 18. All oil, gas, coal and other minerals, now or at any time hereafter, as reserved by John P. Clark and Mary J. Clark in the Deed recorded July 29, 1940 in Book 1066 at Page 277, and any interests therein or rights thereunder. (Affects SE; Section 5, Township 9 North, Range 57 West) 19. An undivided h interest in all coal, gas, oil and other mineral, as reserved by Jeanne C. Garwood in the Deed recorded July 29, 1940 in Book 1066 at Page 275, and any interest therein or rights thereunder. (Affects Wk Section 5, Township 9 North, Range 57 West) 20. All oil, gas and other minerals therein, as reserved by Weld County in the Deed recorded June 24, 1943 in Book 1112 at Page 433, and any interest therein or rights thereunder. (Affects NE% Section 7, Township 8 North, Range 58 West) 21. All coal, oil, gas, fissionable materials, and other minerals, including sand, gravel, stone, clay and similar materials, as reserved by the United States in the Deed, recorded June 13, 1946 in Book 1181 at Page 73, and any interest therein or rights thereunder. (Affects NWk Section 7, Township 8 North, Range 58 West) 22. All oil, gas, coal, minerals and metals of all kinds, as reserved by Pauline L. Christensen, in the Deed recorded June 12, 1942 in Book 1205 at Page 498, and any interest therein or rights thereunder. (Affects W4 Section 9, Township 9 North, Range 57 West) 23. An undivided 1/32 interest in and to all of the oil, gas and other minerals, as to the E'f Section 1, Township 9 North, Range 58 West, and an undivided 1/16 interest in and to all of the oil, gas and other minerals as to the NEh Section 18, Township 9 North, Range 57 West, as granted to Dale R. Schmeeckle by Deed recorded March 11, 1952 in Book 1326 at Page 50, and any interest therein or rights thereunder. 24. An undivided h interest in the gas, oil, minerals, and mineral rights, as reserved by Homer E. Northup and Grace A. Northup in the Deed recorded December 30, 1955 in Book 1438 at Page 474, and any interest therein or rights thereunder. (Affects N1 Section 7 Township B North, Range 58 West) 25. An undivided : interest in the gas, oil, minerals, and mineral rights, as reserved by Homer E. Northup and Grace A. Northup in the Deed recorded December 30, 1955 in Book 1438 at Page 474, and any interest therein or rights thereunder. (Affects NEk; Ef NWI; N1 SEA Section 12, Township 8 North, Range 59 West) 26. An undivided 7/8 interest in and to all of the oil, gas and other minerals, as reserved by Marion R. Grey in the Deed recorded December 24, 1956 in Book 1466 at Page 277, and any interest therein or rights thereunder. (Affects SE; SW: Section 7, Township 9 North, Range 57 West) • • B 1203 REC 02149517 07/27/88 12:25 $21.00 6/007 F 2077 MARY ANN FEUERSTEIN CLERK E RECORDER WELD CO, CO 27. All oil, gas and other minerals, not reserved in the Deed recorded December 30, 1955 in Book 1438 at Page 474, as reserved by George A. Doll in the Deed recorded December 29, 1956 in Book 1466 at Page 454, and any interest therein or rights thereunder. (Affects N# Section 7, Township 8 North, Range 58 West; NEk; Eh NWk; N1 SEk Section 12, Township 8 North, Range 59 West) 28. All oil, gas and other minerals as reserved by Gee. A. Henderson Co., in the Deed recorded January 30, 1961 in Book 1576 at Page 540, and any interest therein or rights thereunder. (Affects Sk Section 4, Township 9 North, Range 57 West) 29. An undivided h interest in and to all oil, gas and other minerals, as reserved by Mike Brennan, Jr., in the Deed recorded February 4, 1964 in Book 506 under Reception No. 1428189, and any interest therein or rights thereunder. (Affects Eh Section 8, Township 9 North, Range 57 West) 30. Right of way and easement for a cable line, junction boxes, manholes, and other appurtenances, as granted to United States of America by instrument recorded August 18, 1964 in Book 521 under Reception No. 1443362, in which the specific location of said easement is not defined. (Affects NWk SEk Section 7, Township 8 North, Range 58 West) 31. Right of way and easement for a cable line, junction boxes, manholes, and other necessary appurtenances, as granted to United States of America by instrument recorded August 18, 1964 in Book 521 under Reception No. 1443367, in which the specific location of said easement is not defined. (Affects SEk SEk of Section 7, Township 8 North, Range 58 West) 32. Right of way and easement for a cable line with other necessary appurtenances, as granted to United States of America, by instrument recorded September 1, 1964 in Book 522 as Reception No. 1444461, in which the specific location of said easement is not defined. (Affects Wk NEk; Eh NWk Section 12, Township 8 North, Range 59 West) 33. Right of way and easement for a cable line with other necessary appurtenances, as granted to United States of America by instrument recorded September 1, 1964 in Book 522 under Reception No. 1444462, in which the specific location of said easement is not defined. (Affects Eh NWk; Wh NEk, Section 7, Township 8 North, Range 58 West) 34. An undivided h interest of all oil, gas and other minerals owned on the date of this Deed by the grantors or either of them, as reserved by Rudolph E. Motis aka Rudolph Edward Motis, and Ella Motis aka Ella A. Motis, in the Deed recorded January 29, 1965 in Book 533 under Reception No. 1455246, and any interest therein or rights thereunder. (Affects Section 6, Township 9 North, Range 57 West; Eh, SEk SWk, Section 7, Township 9 North, Range 57 west; SWk, Wk SEk, Section 17, Township 9 North, Range 57 West; Eh NEk Section 19, Township 9 North, Range 57 West; Rh Section 20, Township 9 North, Range 57 West; W1 NW, Section 21, Township 9 North, Range 57 West; NEk, Nh SEk, Section 18, Township 9 North, Range 57 West; Section 4, Township 9 North, Range 57 West; Section 5, Township 9 North, Range 57 West; Eh Section 1, Township 9 North, Range 58 West.) 35. An undivided h interest of all oil, gas and other minerals, owned by them on the date of this instrument, as reserved by Ralph E. Littlefield and Lois P. Littlefield in the Deed to Viola M. Kuhn, dated March 15, 1966 and recorded February 10, 1976 in Book 759 as Reception No. 1681037, and any interests therein or rights thereunder. (Affects all of Section 8, all of Section 9 and the Nh of Section 17, Township 9 North, Range 57 West) • B 1203 REC 02149517 07/27/88 12:25 $21.00 7/007 F 2078 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO 36. Easement and right of way for pipeline purposes, 100 feet wide, as granted to Energy Transportation Systems Inc. , a Delaware Corporation by McKenzie Ranches, Inc. , by instrument recorded November 6, 1981 in Book 952 as Reception No. 1873963, in which the specific location is not defined. (Affects nss section Sectionwnship 8, all9 North, Range 58 Section 9, Township West, 6, 9 North, Range EIS1/2 Section 7, 57 West) NOTE: By Subordination Agreement recorded January 25, 1982 in Book 959 as Reception No. 1880893, the Deed of Trust recorded March 7, 1979 in Book 862 as Reception No. 1783755 has been subordinated to said easement. 37. An undivided one Hundred Percent (100%) of the minerals, such minerals to include but not be limited to oil, gas, casinghead gas, associated hydrocarbons, coal, lignite, sulphur, phosphate, lead, zinc, copper, iron ore and other metallic ores, sodium, salt, uranium, thorium, molyb- denum, vanadium, geothermal energy, titanium and other fissionable materials, gold, silver (and other precious metals) , bauxite, limestone and other stones, gypsus and other minerals (sand, gravel and clay being the only exceptions) now owned or hereafter acquired by party of the first part, as conveyed to The Prospect Company by The Travelers Insurance Company by Deed recorded September 2, 1987 in Book 1169 as Reception No. 2113024, and any interests therein or rights thereunder. (Affects all of subject property except the Nis of S 9 North,Township wnsh fl North, Range 58 west; the S4 of Section 4, Township e 57 West; the SE4 of Section 5, Township 9 North, Range 57 West; and the wk of Section 9, Township 9 North, Range 57 West) . 38. Easement and right of way for oil and gas production facility, as granted to Walsh Production, Inc. , by Travelers Insurance Company, in the instrument recorded March 23, 1986 in Book 1189 as Reception No. 2134961, affecting the following described property: The facility will be located near the North line of said Section 7, and may service any well located in the SW/4, W/2SE/4, SE/4SE/4 of Section 7 and the NW/4NE/4 of Section 18-T8N-R58W. Grantee is also granted a right-of-way for road purposes, for access to said wells, along the East side of the NE/4 and NE/4SE/4 of Section 12-8N-59W. 39. Easement and right of way for one pipeline and appurtenances thereto, as granted to Red Wave, Ltd. , a Colorado Partnership, by The Travelers Insurance Company, in the instrument recorded July 5, 1988 in Book 1201 as Reception No. 2146852, in which the specific location of the ease- ment is not defined. (Affects NE4 of Section 7, Township 8 North, Range 56 West) B 1144 REC 02086747 02/02/87 09;09 $6.00 1/002 AR20B6747 F 1626 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO ' PUBLIC TRUSTEE'S DEED Januar 3O ,1987 ,between i�, THIS DEED,MadeY Anne D. Nye County of Weld, Colorado and as the Public Trustee.of thea Connecticut �.I, The Traveler s Insurance Company, **** tCorporation, 4 Orinda Way, Suite 200A, Purchased sl. WITNESSETH: Whereas, McKenzie Ranches, Inc. , a Colorado i' Corporationd did,by Deed of Trust dated March 2 ,1979 .and recorded in the office oftihe Clerk 79 .ian der Recorder 862 f the .Colorado.on March 7 Paq of Weld 1783755)' convey to the Public Trustee in Trust the property' at Page . (Film No. Reception Nu. I. hereinafter described to secure the payment of the indebtedness provided in said Dad of Trust:and Whereas.a violation was made in certain of the terms and cotenants of said Deed of Trust as sluacn by the notice of election and demand for sale tiled with the Public Trustee.a copy thereof(wing recorded in the al lice of said County Clerk and Recorder.the Said property was advertised for sale at public auction at the place and in the manner provided by law and by Dtuffsaidnnua copy opy of rs the notice of sale wan in apt lime mailed to the persons required by statute.and said property x pursuance The Travelers Insurance Company, a Connecticut****75r the dm hereinafter set forth and a certificate of purchase thereof was made and recorded" and said property not having been redeemed from said sale: Now.Therefore,the Public Trustee pursuant to the power and authority vested by law and by the said Deed of Trust as such Public 423,683.27 to Ilse Public Trustee paid by the said Purchasensl.the receipt wand hereofbh rebyakftheedgd.$ its heirs.successors and assigns forever"' receipt whereof is hereby acknuwledgeJ,conveys to the said I'urchasansk all the right.title and interest which the Public Trustee acquired pursuant to said Deed of Trust in and to the folio,ins described property situate in the County of Weld Colorado.to vac SEE EXHIBIT "A" ATTACHED **** Orinda, California 94563-2533 ***** Corporation To Have and to Hold the same unto the said Purchaser(s) 1 t 5 heirs.successors and assigns forever. Executed the day and year first above written. r�U i 14LCr [SEALI m Public Trust=of ncw Courtly u at .Colorado. By Dtpury Public Tnth e STATE OF COLORADO. revs • _ • County of Weld • Q•:' •.... • 30th day of Januaryi 1418}9 67. The foregoing inswmem was acknowledged before me this Public Trustee of the i Z 1, b-.per°• 'a t. Dr s theI Z i County of e Weld Nyee ,Colorado. 1_;'n10 N1 S • My commission expires AUGUST J. 1989 Witness my hand and official seal. ^'°'" 1020 9th St.#202,�Greeley, CO 80631 *In counties ncth"boot and pa go numbers have been abolished. l"I(.ate brew ua"rWmriun,xi fonhnamc of evryoraaonad sea ••Ucrnilieam Ins been assigned imwn and said cenilicate or purvlux wacravened m(naming mufwr • of ineorpmalton. • "'Change for Joint Tenney. Puy ]p,Rev.B-SI. PUBLIC TRUSTEE'S DEED tlrWImJ WOli,bn6.5RlSw Mb Am.lde"uN.fO Pll!rr—lJn)r J)navl #1808 1101 B 1144 REC 02086747 02/02/87 09:09 $6. 00 2/002 F 1627 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Exhibit A To+inshi7 9 North, Range 57 West of the 6th N. Section 5: AEll/2 and Section 4: All Section 7 : Section 6: All SE 1/4 SW 1/4 Section 8: S11 Section 9: All Section 17 : Section 18: NE 1/4, W 1/2 SE 1/4, N 1/2 SE 1/4 N 1/2 Section 20: N 1/2 Section 19: E 1/2 NE 1/4 Section 21 : W 1/2 NW 1/4 Townshio 9 North. Ran a 58 West of the 6th P.M. Section 1 : E 1/2 Townshi 8 North, Ran a 58 West of the 6th P.M. Section 7: Lots 3 & 4, E 1/2 SW 1/4, W 1/2 SE 1/4, SE 1/4 SE 1/4, N 1/2 Section 18: NW 1/4 NE 1/4 Townshi 9 North, Ran a 59 West of the 6th P.M. Section 12: N 1/2 SE 1/4, E 1/2 NW 1/4 , NE 1/4 County of Weld, State of Colorado. crh101j 857 Recorded e� I..c.‘ o'clocka......MJAN 19 1979 .j , . R .No 1779385 /ll2.12,4 ri,..s; a_I U W) SINN of Colo ado,'Weld County Clark Cr Recorder • WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS, That We, VIOLA M. KUIIN . and LESLIE L. KUHN, for other valuable consideration and the sum of TEN AND NO/100 DOLLARS, S�{b� hpRR,,d,pppidek usbwa4i1 Land convey to N0RGREN RANCIiES, INC.,/tlief2fllowing tea7'prope�ty, '•l situate in the County of Weld and State of Colorado, to-wit: CD r.; Cr. n , t- Township 9 North, Range 57 West o£ the Gth P.M. l'- •'l Section 4: All Section 5: All a Section 6: All ,.l Section 7: E4 and SEA of SW4 ,., section 8: All et section 9: All Section 17: SW4, W4 of SE4, N4 .� Section 18: NE4, N4 of SE4 Section 19: E4 of NE4 Section 20: N4 ri. Section 21: W4 of NW$ o Township 9 North, Range 50 West of the 6th P.M. ,,,L„ Section 1: E4 ^ ,.t • Township 8 North, Range 58 West of the 6th P.M. r. Section 7: Lots 3 and 4, E4 of SW4, W4 of SE4, SEk of SE4 and the N4 Section 10: NW4 of NE4 1. r. Township U North, Range 59 West of the 6th P.M. .J. l,-� Section 12: N4 of SE4, E4 of NW1 , NE4 :j?: reserving, however, unto the grantor one-half of all I oil., gasandothermineralswhicharevesedinhimonthedateofthisdeed, togetherwiththeriyhtofin-mgrass and egress for the purpose of prospecting for and p mining the same for a period of ten years and upon ex- ' i ° piration of said ten year period the reserved interest i; ''�`' Z C shall revert to the grantee or its assigns together - r with all its appurtenances, and warrant the title to '�,, g C the same subject to the following: a 15 1. The 1974 taxes payable in 1975. 2. Conditions and reservations contained in the United States Patent. 3. Reservations of oil, gas and other minerals in deeds recorded as follows: ' r,I, X12 Book 622 at Page 564 Book 1112 at Page 433 pc. 4'• 52 Book 918 at Page 446 Book 1101 at Page 73 `r' Y,. .;* Book 921 at Page 304 Book 1205 at Page 498 q- Book 945 at Page 560 Book 1326 at Page 50 • ''t<: Book 954 at Page 61 Book 1438 at Page 474 ' ', Book 922 at Page 554 Book 1466 at Page 277 4l, Book 1019 at Page 46U Book 1466 at Page 454 �+ Book 1034 at Page 209 Book 1576 at Page 540 t Book 1066 at Page 277 Book 506, Recap. X1428109 Book 1066 at Page 275 Book 533, Itecep. #1455246 J 1` :• � et RAJ 7i, 4 rl It 1�. I L � A Q t tl �r p� i ,c' .. t :, ,.I i r'. '.. Tr! 4.�,. , In i :. r r ; t ;, • . 1779385 57 1-� • and any other reservation of any mineral interest by prior owners. 4. Any and all lease of oil, gas and other minerals and the rights which accrue to the lessees there- under. 5. Easements and rights of way contained in instruments recorded: Book 521 under Reception No. 1443362 Book 521 under Reception No. 1443367 Book 522 under Reception No. 1444461 Book 522 under Reception No. 1444462 6. Any other easement or right of way established upon . the premises however evidenced. Signed this /,/ •�'� day of • ✓.- ,Ld/) /�J , 1974 C(•if /I� C-cv - Les ie L. Kuhn a� / y,,��� STATE OF COLORADO ) "C"��Viola M. 'Kuftnf ss. . COUNTY OF WELD ) The foregoing instrument was acknowledged before me this ;:ACIar : day,,of ( 'A , 1974, by Leslie L. Kuhn, and Viola M.Kuhn. ''..WITNESS my hand and official seal. .11 , . .,•.„-:,.,.. m'y.commission expires: -f_— _,-.1: / 57 76; ' B e•or coy° y: Notary Public p•i ht ... 41 n:. ( l -2- i_ U P I I pll f -1f l• Iid ,�: a jsty' ill ' ,a .l. , i. rl ;rss 'q' Ac' , .i 1tly t,1 ), Jl S.:;117)1'-';.I .To:pc a)taelt `y'. e.00,...d r //4 ,ewww A_JAN 1 9 1979 d2,:• rt r y,,,� U o .T; 5 i yy ma.1 comma.mem carer On 6 Rtswdw WARRANTY DEED ;'l �t: DONALD K. NORGREN and NORGREN RANCHES. INC. , a corporation ( i:Y•:,,,, duly organized and existing under and by virtue of the laws ,r , of the State of Colorado. whose address is Platteville, - a *:..i.: County of Weld. and State of Colorado, for the consideration ' 7` of Ten Dollars (510.00) and other good and valuable considers- � ' • ' i_. tin. in hand paid, hereby sell and convey to McKENZIE /7•.,a.. 01 o f: ,.1 .1 RANCHES, INC. a Colorado corporation, whose address is Fort IQ., Morgan. County of Morgan. and State of Colorado, the following '5 C real property in the County of Weld, and State of Colorado, to-wit: 0 E'Z; .. n '..1-If::' f1�; ; '0'0, ;, Township 9 North, Range 57 West of the 6th P.M. ,•,,..,.h Section 4: All o Iji Sw Section 5: All ,rr�: -'at Section 6: All 4 l:; '. Section 7: Els and SEMSW; Sae Documentary Pee Inn ck Section 8: All •JAN 19 N/A `, 32:::J. � :; ' Section 9: All Dow, ' •< "`" Section 17: 591/4. W1iSEi;, NI: ~ '": ra i„ao xas:. ~" '"' Section 18: NEb, lib5Ea -' !,�'`ir •s4 Section 19: EyNE; ca. '?�'" Section 20: fla ''!kW:: Shh. Section 21: W1sNW: {'•n.--,. +•'t Township 9 North. Range 58 West of the 6th P.M. i,1,.., Section 1: E; a0,.:-� 4.17 ,! Fr.l Township 8 Nor[A, Range 58 West of Che 6th P.M. ,•k,'N C,; Section 7: Lots 3 and 4, Ek5144, WbSEle, SEL,SE�:, lib .'m: .•,,, .};,a� Section 18: HW�eNEk ', ,°t: �. i° 4 A4 Township 8 North, Range 59 West of the 6th P.M. kfir Section 12: N'uSEb, EbNWh. NEI, r4is11 2r,;.: 1' :.�tfi;, Together with all water and water rights appurtenant thereto, ?JAY . a.31 all improvements located thereon, and including all oil, gas ?, AL .� and other minerals found on or beneath the above premises hr "''i' which are owned by the grantors. Wt..), fc:4' �;4;i;7 i . . -`, duewayof and payable in 1980, special assessment or taxing districts, I_.'. r t;f1k Including but not limited to Pawnee Cooperative Grazing Asso- 4:1,,j1,17 'ILN clation assessments, mineral reservations of record. li"ti :MI Signed this �9 day of Jxacun.� 1979. ,•'~24 y. / �, / ;! •}sn, / uF, `)) ')F (�.�r..iG //.'o lifd ;li y,.^9 iLI,,1 � Donald K.Illorgren ) fr.,,•,'„', [.ti ache AL r�. ''Att Attest: Norgren Ranches, Inc. , Lkklbi Pre-Orient} l.'s _ 5 cretary '. i;i 'Lh. 5S )OF COLORADO ) y1-4: ss. rt4k COUNTY OF ) i.'4 The foregoing instrument was acknowledged before me this �i ! .1 1" day of l-Ailfro/v, 1979, by Donald K. Norgren and Donald/ 41k' y01 T• ,. .. tir.•v .,4 1 n �•. 1.I''1�;1, c,i ;E x a,� ! s L t !n q 1 .t,9 tf,v ,} . rippe p `41 Itf'ati'i�rf el Fyr ��,i1"�rt}SyY r' 'G'r14 (i �i .E r111t 0'cvtf;i .'(` srVl °•.•.-, ,f.',1.3 �1 ke.4. i,•vf. Ea t tFi �•hC i7�•[, 'n'fi �y Y i a { ,G t a.r +{�' 4 ' ' b y`w1 S'ip11v 'ui •�( <,,,L�.Jti vyv:.s,r'td ii !r i , t; tIr ;>�!� 4 !c AI ]� ^�{e 11 n'S ��{ ls� �>�f4. V{ ? w1! S �tl {ld r ({I ~ l,y 4l! ( r� rk ! .0tl^jtir> ft 1 N'D ' � `/ �, n ilc ' I ' A sd•�. 1"✓<r •f� 1�,4/k is ♦ 't i' ;f su It yti,ttmi ',y r r „ � Y ,, , 73i�' qi.:1°i c u �1G1 r!g . 1� A3 ,. 1t xi Y t1,1y,14 r1 t t .'•JF f' 44E' i`�i. fe CI 1. k t� , "se t l n b y Y' r s Ntr4 s7v n,r .z 7�h�„p�,�0 t ag• , fi` If.?':9 1,'K15/t,} `.tf'''` '11'1,4ht. !n ri'�F, -.. ;Om. • R,i , rs n Am •;ilt kA t,• wti` .i7',./ n "(: �5 ' L4'.i li.'44 11(k) ti i'l rs�)I;lc ' ' Y1 , *. ICY,.7.yC7 ?i i 2P..! t y5411 net ... . ' :tt'.u......4a., 's!.-a" 5.\ ,t.i.,Jnf ,.:,.fir d'e i ',tL .._ . •'i • 1779984 a-a K, Norgren as President and ifejcwmf 6N//p,✓ , as • AevrlwaiSaeretary of Norgren Ranches, Inc. , a corporation. 0�0�. , M Cc.ms: r•i ,kas .A . My commission empires: January l7, 1904 WITNESS my hand and official seal. ° O17 et { N'"leiblOtt%t Joik notary u l Ic ,,,, , • • • • ii • • • • St; n ; h tl , j } li Fr 15r " yf�i dN5`ll • %`Ijf1 ;1 , I' t N y ) 7 Fni P i 1 ` 111, 1! )I t t{ 11 311'1 i ,• y L t f ! ..111fA,u}' 1I, ,I NM1.:.f�!•'�1,I ..! ' 1T •,,t ( (,l i' • linos( o k 3 FEB 101976 '759 Recorded at -� o'cloc 74 • N • - Reception No 1681037 11.W..SHf11EE,.Ga......, Recorder. KNOW ALL MEN BY THESE PRESENTS,That RALPH E. LITTLEFIELD and LOIS P. LITTLFFIELD o r ( of the County of Weld ,and State of Colorado, for the consideration of other valuable consideration and Ten Dollars, s` in hand paid, hereby sell and convey to VIOLA M. KIWN t,. of the County of Weld , and State of Colorado, o the following real property, situate in the County of Weld ei co and State of Colorado, to-wit: '-1 In Township 9, Range 57 West of the 6th P. M. • Seotion 3: Lots 3, 4, and the South Half of the Northwest sect Ion Quarter and the Southwest Quarter, being the West hall of said / a. •a. Section 8: All Section 9: All the vr o Section 15: Northwest Quarter,/South Half,and the West Half of o the Northeast Quarter, bwktagataw)YMsrbOalk*lpt*rttritkiuw'akfna Section-17: North Half • 'I Reserving, however, unto the grantors, as joint tenants, an undivided T 1,. to one-half of that portion of all oil, gas and other minerals in, upon T and underlying the said lands owned by them on the date of this instill- - m ment, together with the right of ingress and egress for the purpose of y prospecting for and mining the same. (Grantors intend to convey hereby 41 to Grantee one-half of all oil, gas and other minerals in, upon and ' underlying the said lands which they own or in which an interest on the date of this deed.) .7•‘, (ANN pF 0. ri 8101e Documentary Fee ; ?•DE'^i11,04 FPfi '.. - �eFEB 1.01976 „ �19"Ib • ar • with all Hs-appurtenances, and warrant the title to the same,subject to 1 CHt C yable in 1967 • and thereafter; to the mortgage to Federal Land Bank of Wichita, Kansas recorded in Book 498 under Reception No. 1,422,925 Weld County Records; to mineral reservations • and conveyances made by prior owners and particularly those contained in deeds •n recorded in Book 946 at page 222, Book 506 under Reception No. 1,428,189, in Bock me 1205 at page 498, and in Book 1334 at page 639 Weld County Records; to oil and gas •w leases recorded in Book 1616 at page 52, Book 1617 at page 129, Book 1621 at page •p 101 and Book 1640 at page 441; and to rights of way for public roads. 0 - Signed and delivered this /ffS day of March h p ,( ,A. D. 19 66 4 In the presence of ...Y.I[LL11!...lQ.: O '�,° �.. MC (SEAL) 0. lia'lpfielU SEAL) ..91O` / :* Tf et 1:1 ...UC .i.. ... f.4.. e e SEAL) STATE OF COLORADO,' COUNTY OF WELD, JJ 51 AO/ "4 Tbet• Instrument was acknowledged before me this day of .....Marsh ce"eI9 `F.1 ), Littlefield and Lois P. Littlefield `o,, V0'ElSR PY'3tid and official seal. , \fy c'orflm' pod cxjyires e /7,/96'7. ,Ql 11 D", Notary Public. •11 by natural penult or Ier,nus hrrrin Insert same or names; if by pet sun,acl:ua ill representative OF of0eiii capacity or ae attorney-in-fact, ten Insert name or person ai executor, attorney-In-fact or other capacity or description; If by officer of corporation, then limn name of such office or officers,an the president or other officer.of such corporation,nam- ing IL•- STATUTORY ACKNOWLEDGMENT,SESSION 1127. WARRANTY DEED-•Statutory Form 1 • • • N awe 11973 P` � ,� •.ems t • n* f a I 688 WARRANTY DEER )�7 O' KNOW ALL MEN BY THESE PRESENTS, That Anders W. Anderson, also known as Anders V. Anderson, and Frances J. Anderson, of 'a the County of Weld and State of Colorado, for the consideration • g•�' N of Four Hundred Twenty-six Thousand Rollers ($426,000.00), here- c by sell and convey to Viola Y. Kuhn, of the County of Weld and .o State of Colorado, the following real estate and property, situate •:' In the County of Weld end State of Colorado, to-wit: no WI Township 8 North, Range 64 West of the 6th P.Y. • j•'. N Section 25: All n. Section 36: E}NE}NW}, W}NW}NE} [/1 1 6°N o • ox o Township a North, Range 63 West of the 6th P.Y, o I Section 31: All p, .y, I Township 7 North, Range 63 West of the 6th P.Y. Section 4: All Section 5: All Section 6: All Sro,e Documentary p fm Soction 7: All Doi° .�1 . Section 8: All S Section 9: All Soction 17: All Section 18: E}, Sw} Township 7 North, Rango 64 West of the 6th P.Y. Section 1: All Section 2: All Section 12: All Section 13: N} together with all its appurtenances and warrant the title to the .. same. Subject, however, to the following: 1. 1973 taxes due and payable in 1974. 2. Any existing and valid mineral reservation of record. 3. All rights-of-way, easements, conditions, covenants, reservations and restrictions of record. 4. The mortgage of the Federal Land Bank of Wichita, re- corded 1n Book 669 under Reception No. 1591133 of the Weld County records, which the grantee hereby assumes and agrees to pay. Signed and delivered 446, / this IaF day of March, 1973. / / �- nf /ors a son, n/k7a e Amer n Frances V Anderson STAT OF• COLORADO ) LO.•". ) SS :e D7A Ia I. s of .3r going1913 instrument Anders was acknowledged before me this •L"so` db 1973, by Anders W. Anderson, also known as Anders V. • .r nddF on, • FrOlleBw J. Anderson, �,�'+.,•M1 S my hand and official seal. •, 440 ommission expiros: 77Yew,•924/ Notary Public • V • V. .- • • 506 Recorded.... '°'deck...P...m.,........_._.-....I!! 4 1964 , . / yyL�1of • . ,' R.00Vuoe No....�1,4,.e4r_a,-.-..- ._ )rf1: N........_...Remrder. . . • I -1 , • MIKE BRENNAN, JR., s ' _ whose addreaou 1851 Collyer Street, • Longmont, Couotyof Boulder ,end State of ')Colorado ,for the consideration of ONE HUNDRED • DOLLARS, and other coneideratio , dollen,to hand paid,hereby Boll(s)and convoy(s)Co • • RALPH E. LITTLEFIELD and LOIS P. LITTLEFIELD, IN JOINT TENANCY, • whenaddress u 'Stoneham, , County of - • Weld ,and State of Colorado, the following real property in the County of Weld ,and+State of Colorado,to-wit: The east 1alf (Ell) of section eight (B) , • in township nine (9) north, of range fifty-seven q ' . (57) west of the 6th P. M.; reserving, however, to the grantor an undivided 'Qrte-half interest in and to all oil, gas and other minerals lying under said premises, together with right of ingress and , egress to prospect for, mine and remove the same; 'IMX'I XI:\'I'.\IIrIIXX I)11:\r 1111. a ,`c,�w. 1leer �^ \�. /� online a/\ l,ri i r , 1 '' b . PLIn,eliu.n 4. ,...,..:}11: "' • with all its appurtenmcee, and warrant(a) the title to the some, subject to existing rights • of way for roads; and further subject to amortization mortgage in favor of the Federal Land Bank of Wichita, Wichita, Kansas, recorded . by Reception No. 1422925, Book 498, Weld County records. Signed this llth day of PeDretnry nag 64 '.. nage 3r n, jrrs�,- ./ m ",iTATE OF COLORADO 1 ill lac lee. �P.�- ,744,\Comly of , o ! IgIaFe 'I trunmot woe acknowledged before me this llth m , qt r ,19 64,by MIKE BRENNAN, JR. -e "Ilf\)c G Fes 1 7rf,Mp � June 10, 1967 ,,,?.....�M 'trod anal. C 1 p , LYdL70/76‘.4).4_, . - .. ................._..-.. 1• mum?ebbe abN 9Q aetwe'mr.dpew.e.tt by utunYpry a peons hen Insert name or names;it byDe o saline Is rc memni nw or ! ,....an.,...7 Kr.mrtawonileq ma'mere oo of auod ofn r or executor, Os Yi prxmlae(oott or mime olfM-'ot!hen • ' aer.tbm sates Pe No.M. 'rummy O M-Onet rm.—ea ner.la es ante OIL . n \. —9,M(aiaNWa M.UY Compeer.at.*abet Stela.Deane,Wnse. ' ' • •F4 y 1 ),N"'O K/ • hn> citif%- eaR z 4s js �o a IttR_ .� 1031—WARRANTY DLrIID—VESTING ENTIRE TITLE In SURVIVOR rc.'e u I B�Bpl�Ntf..rravrl.F.zaW.IlAan BpaneridatCordei KNOW ALL'MEN BY THESE PRESENTS, That Eda Bentley (eingle) in consideration of Eight Hundred Eighty and no/100 DOLLARS in hand paid, do hereby grant, bargain, sell, convey and confirm unto Ralph E: Littlefield and Lois 'P. Littlefield as,TOLNT TENANTS, and not as tenants in common;the following described real estate,situated in the County of Weld , and State of Colorado , to-wit: The West half of' Section Eight (8), Township Nine (9), North, of' Range Fifty-seven (57) West of the Sixth Principal Meridian. • together with all the tenements, hereditatnents, and appurtenances to the same belonging, and all the estate, title, dower, right of homestead, olefin or demand whatsoever of the said grantor , of,in or to the same,or any part thereof; subject to none li IT BEING THE INTENTION OF ALL PARTIES HERETO, THAT IN THE EVENT OF THE DEATH OF EITHER OF SAID GRANTEES, THE ENTIRE FEE SIMPLE TITLE TO THE REAL ESTATE DESCRIBED HEREIN SHAT L VEST IN THE SURVIVING GRANTEE. TO HAVE AND TO HOLD the above described premises, with the appurtenances, unto the said grantees as I JOINT TENANTS, and not as tenants in common, and to their assigns, or to the heirs and assigns of the survivor of then,forever, and the grantor named herein for herself and her heirs, executors, and I administrators, do covenant with the grantees stained herein and with their assigns and with the heirs and assigns it of the survivor of them, that. she is lawfully seized of said premises; that they are free from iueumbranee except as stated herein, and that the said grantor have good right and lawful authority to sell the sane, and that she will and her heirs, executors and administrators shall warrant and de- fend the same unto the grantees named herein and emto their assigns and unto their heirs rind assigns of the snr- vivor .of them,forever,against the lawful claims of all persons whomsoever,excluding the exceptions named herein. IN WITNESS WHEREOF I have hereunto set my hand this 4th, day of i April, 1945 , A. D .( /rt 7tPir In presence of (/ STATE Oh' Missouri ^s. On this County of 4th, day of April No daw av A. D 1945 , before me, a Notary Public, in and for said County, personally came the above named ..... , Eda Bent4C1f .....(`'inple.) who iS personally known to me to be the identieni person whose name 1y ' j (i ft ;y affixed to the above instrument as grantor and that she >a-: e acknowledged said instrnme t to he her voluntary act and deed. ;� e \' - • WITNlih.4 my hand and Notarial-Scat/the date last aforesaid. U ,} 1. y /I`W7l 'IL r Y6! :� Notary Public. My commission expires on the _24" O...day of June, A. D 1945 Page I1 Mining Lease between Colby & Sandra Van Cleave & VCA Aggregate LLC Page 12 Table of Contents Mining Lease and Grant of Easement between Colby and Sandra Van Cleave & VCA Aggregate LLC Page Recitals 4 1. Leasing & Grant of Easement 5 a. Leasing 5 b. Grant of Easement 5 2. Term of Lease; Option to Extend 5 3. Royalties 6 a. Royalty Rate 6 b. Computations & Accounting 6 4. Operation of Leased Premises 7 a. Clearing 7 b. Roads 7 c. Reclamation 7 5. Payment of Taxes and Insurance 7 a. Taxes 7 b. Liability & Property Damage Insurance 7 6. Removal of Improvements & Equipment 7 7. Indemnification of Lessor 8 8. Warranty of Title 8 9. Lessor's Cooperation 8 10.Condemnation 8 11.Memorandum of Lease 8 12.Assignment 8 13.Termination 9 a. Mining Permit 9 Page I3 14.Compliance with Laws 9 15.Complete Agreement 9 16.Legal Action 9 P a e 14 Mining Lease & Grant of Easement This lease and easement is made November 10, 2014, 2014 between Colby & Sandra Van Cleave, (Lessor) whose address is 50985 WCR 135 New Raymer, Colorado and VCA Aggregate LLC, (Lessee) whose address is P.O. Box 336953 Greeley, CO 80633. Recitals A. Lessor is the owner of certain property located in Weld County, Colorado, and more particularly described as follows: Section 8 Township 9 Range 57 Weld County ,Colorado (Hereinafter referred to as the "Leased Premises")/ B. Lessee desires to mine and remove from the Leased Premises such sand, gravel, rock, and other materials, all of which are herein referred to as "Materials", as it shall desire. Lessor desires to allow Lessee to mine and remove such Material from the Leased Premises. C. In addition, Lessor owns the property described below across which Lessor wishes to grant Lessee an Easement for ingress and egress from the Leased Premises to Section 8 Township 9 Range 57 Weld County Colorado For purpose of this Easement, such property will hereinafter be referred to as the "Burdened Property". Now, therefore, Lessor and Lessee mutually agree as follows: Pa 15 1. Leasing & Grant of Easement a. Leasing. Lessor, in consideration of the minimum royalties provided herein, and subject to the terms, conditions, and provisions contained herein, leases to Lessee, The Leased Premises, as described above, for the purpose of quarrying, mining, removing, and marketing therefrom all sand, gravel, rock, and other materials, all of which are herein referred to as "Materials", and also for the purpose of setting up and operating, in Lessee's discretion, such processing equipment as may be desirable, including, without limitation, rock crushing and washing equipment, portable asphalt plant, and portable concrete batch plant. Lessee's rights with respect to the occupancy and operation of the Leased Premises shall be exclusive of use by any other party. b. Grant of Easement. Lessor hereby grants to Lessee for a term equal to the term of this lease plus any extensions thereof, a nonexclusive easement for access, ingress, and egress between the Leased Premises and A portion of section 9 Township 9 Range 57 Weld County Colorado, over and across that established roadway lying within the Burdened Property. Lessor and its successors agree that they shall not construct any buildings or other improvements on the Burdened Property which will have the effect of denying Lessee or its successors the practical benefit of access rights contemplated by this agreement. The above described Easement shall run with the land and shall be binding and ensure to the benefit of the successors and assigns of Lessor and Lessee with respect to the Leased Premises and the Burdened Property respectively. 2. Term of Lease; Option to Extend. The initial term of this Lease shall be for 5 years, commencing on November 10, 2014, and expiring November 10 2019, unless sooner terminated according to the provisions herein. Additionally, Lessee is hereby given the exclusive option to extend the term of this Lease on all provisions contained herein, for two (2) additional five (5) year periods, following expiration of the original term, by giving notice r ,1q 16 of exercise of each option to Lessor at least three (3) months before expiration of the original term and each successive option period. 3. Royalties. a. Royalty Rate. The rates are: i. 70 cents (.70) per ton for the Materials mined and removed from the Leased Premises. b. Computations and Accounting. Royalties shall be calculated based on sales during each calendar month, and Lessee shall provide a full accounting of all Materials removed from the Leased Premises during each calendar quarter, which report shall be submitted by the fifteenth (15th) day following calendar quarter, together with any additional royalties determined to be due. On or before February 15 following each calendar year, and within fifteen (15) days following the expiration of the lease term, Lessee shall submit an aggregate accounting covering the entire preceding year (or partial year, as the case may be). The annual and final accounting of each calendar year shall be consolidate all accounts for the period to which it pertains. 4. Operation of Leased Premises. Lessee shall have the right to occupy and operate the Leased Premises for the purpose described in Paragraph 1 above, subject to the following. a. Clearing. Lessee may clear such portions of the Leased Premises as may be reasonably necessary to permit Lessee's contemplated operation, including the mining operation and the location of stockpile areas, temporary improvements, crushing equipment, and one (1) or more batch plants. b. Roads. In order to obtain access to the Leased Premises and to carry on its operation hereunder, Lessee shall have the right to make use of all roadways presently leading to and from existing on the Leased Premises and shall have the further right to build such additional roads as may be necessary for the production and removal of Materials hereunder in such a manner as will not unreasonable. Page I7 C. Reclamation. Lessee agrees to acquire, manage, and comply with reclamation requirements set forth on the applicable mining permit and as may otherwise be imposed by any state, federal, or local authority having jurisdiction. 5. Payment of Taxes & Insurance. a. Taxes. Lessor agrees to pay all real estate taxes levied against the Leased Premises before the same become delinquent. b. Liability and Property damage Insurance. Lessee agrees to carry public liability and property damage insurance with a combined single limit of liability not less than one million ($1,000,000) per occurrence, insuring against all liability of Lessee and its authorized representatives arising out of and in connection with Lessee's use or occupancy of the Leased Premises. 6. Removal of Improvements & Equipment. Upon the termination of this Lease, Lessee shall have the right to remove all improvements and equipment place on the Leased Premises by Lessee. In addition, Lessee may remove any Material which has been mined and stockpiled but not removed as of the date of termination. The removal of such improvements, equipment, and Material mined and stockpiled shall take place within a period of one hundred & eighty (180) days following the termination of this Lease. 7. Indemnification of Lessor. Lessee, during the terms of the Lease, shall indemnify Lessor against all claims and demands, whether for injuries to persons, loss of life, or damage to property occurring within the Lease Premises and arising out of the use and occupancy of the Leased Premises by Lessee, excepting, however, such claims and demands whether for injuries to persons, loss of life, or damage to property caused by acts of omissions of Lessor or its agents, employees, or persons acting on behalf of the Lessor. 8. Warranty of Title. Lessor represents and warrants that Lessor has good and marketable title to the Leased Premises, including the unencumbered right to remove the Materials from the Leased Premises according to terms hereof. Page I8 9. Lessor's Cooperation. Lessor shall cooperate with Lessee in obtaining all necessary zoning changes; zoning permits, mining licenses, and permits from city, state, or federal governmental units or agencies as necessary to permit mining operations of the Leased Premises by Lessee for the term and according to the provision of this Lease. 10.Condemnation. In the event any party of the Lease Premises is taken by public authority, then the Lessor may cancel this Lease upon sixty (60) days written notice to the Lessee, and all damages shall belong to the Lessor; provided however, that Lessee reserved unto itself the right to prosecute its claim for an award upon its leasehold interest for such condemnations or taking without impairing any rights of the Lessor. 11.Memorandum of Lease. A memorandum of this Lease shall be executed and acknowledged by both parties and filed with the County Recorder for Weld County, Colorado. 12.Assignment. Lessee shall have the right to assign its rights under this Lease, or to sublet portions of the Leased Premises to a person or persons in the mining business; subject only to Lessor's approval, which shall not be unreasonably withheld. 13.Termination. Recognizing the particular purpose for which Lessee is leasing the Leased Premises, Lessor agrees that this Lease may be terminated by Lessee, in its discretion, upon the occurrence of the following: a. Mining Permit. Lessee's inability to obtain an acceptable mining permit (or the termination and inability to renew or extend an acceptable permit), allowing the mining operation on the entirety of the Lease Premises as contemplated by Lessee. 14.Compliance with Laws. Lessee shall comply with all applicable Federal, State, and local laws, codes, and regulations, including dust control regulations in regard to its operation on the Leased Premises. 15.Complete Agreement. This constitutes the entire agreement between the parties. Should any action be commenced to enforce the terms of this Agreement, said action shall be brought in Weld Count, Colorado, and the prevailing party shall be entitled to attorney's fees and costs. Page I9 16.Legal Action. If legal action is required or deemed necessary to enforce or interpret any of the provisions of this Lease, the prevailing party shall be entitled to recover its costs of suit, including a reasonable attorney's fees incurred in connection therewith. IN WITNESS WHERE OF, the parties have executed this Lease, Effective as of the date first above written. By: Its: "Lessor" l y VCA Aggregate LLC By: Its: __/1144,4 tr Hello