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HomeMy WebLinkAbout20151375.tiff stewart title Stewart Title- Fort Collins 3711 JFK Parkway, Suite 201 Fort Collins, CO 80525 Date: February 16, 2015 File Number: 01330-50904-Amendment No. C-2 Buyer: To Be Determined Seller: Weld County Property: Vacant Land, Greeley, CO Please direct all Title inquiries to: Teri Faulkner Phone: (970) 226-4399 Email Address: teri.faulkner@stewart.com Owner: King Surveyors 650 E. Garden Dr. Weld County Windsor, CO. 80550 Attn: Chad Dilka Phone: (970) 686-5011 Email: chadd@kingsurveyors.com We Appreciate Your Business and Look Forward to Serving You in the Future. ALTA Commitment(6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: Stewart title guaranty company ` n Matt Morris AJthorizec CoJrtersiynature CE President and CEO `1�1LE Gbg9._ q Stewart Title- Fort Collins WQQ �g"4, y` 3711 JFK Parkway, Suite 201 �� Fort Collins, CO 80525 - s o e (970)226-4399 TEAP , Denise C rraux Secretary Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.01330-50904 004-UN ALTA Commitment(6/17/06) . CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust,trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b)to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at<httpJ/wwwalta.orgh. All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.01330-50904 004-UN ALTA Commitment(6/17/06) . COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No.: 01330-50904-Amendment No. C-2 1. Effective Date: February 06, 2015, at 8:00 A.M. 2. Policy or Policies to be issued: Amount of Insurance (a)A.L.T.A. Owner's Policy 2006 (Standard) T.B.D. Proposed Insured: To Be Determined (b)A.L.T.A. Loan Policy Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the said estate or interest in said land is at the effective date hereof vested in: County of Weld, a body corporate and politic of the State of Colorado. 5. The land referred to in this Commitment is described as follows: See Attached Legal Description Purported Address: STATEMENT OF CHARGES Vacant Land These charges are due and payable Greeley, CO before a policy can be issued TBD Commitment: $500.00 Additional Parcel Charge: $100.00 Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ,' File No.01330-50904 Page 1 of 2 STEWART TITLE CO STG ALTA Commitment Sch A STO GUARANTY COMPANY -. `•�:; SCHEDULE A LEGAL DESCRIPTION Parcel 1: Lot 1 of RS-1023, RESUBDIVISION OF UNION COLONY SUBDIVISION, County of Weld, State of Colorado. Parcel 2: All that pad of the Northeast 1/4 of the Southwest 1/4 and the Northwest 1/4 of the Southeast 1/4 and the Northeast 1/4 of the Southeast 1/4 of Section 31, Township 6 North, Range 65 West of the 6th Principal Meridian, County of Weld, State of Colorado, more specifically described as follows : Considering the East line of said Section 31 to bear South 00°00'00" East and with all other bearings described herein being relative thereto, and beginning at the East 1/4 corner of said Section 31; thence South 00°00'00" East along the East line of said Section 31 a distance of 881.33 feet to a point; thence North 89°32'30"West a distance of 653.72 feet, along the line described in Book 414 at Page 484 of the Weld County records; thence South 00°13'50" East a distance of 197.38 feet; thence South 73°12'52" West a distance of 162.50 feet; thence North 55°42'00"West a distance of 300 feet; thence North 13°37'00"West a distance of 335 feet; thence North 30°39'00"West a distance of 353 feet; thence South 52°33'00" West a distance of 270 feet; thence South 36°23'00" West a distance of 478.07 feet; thence South 44°51'10" West a distance of 278.53 feet to a point where said line intersects the North bank of the existing channel of the Cache La Poudre River; thence South 71°07'20" West a distance of 222.20 feet; thence South 82°21'20" West a distance of 262.48 feet until said line intersects the North line of that parcel of land described in Book 373 at Page 463 of the Weld County records; thence North along the North line of said parcel North 85°53'00" West a distance of 687.85; thence North 55°22'10"West a distance of 77.24 feet; thence North 65°16'30"West a distance of 129.80 feet; thence North 87°57'50"West a distance of 208.50 feet; thence South 75°35'50" West a distance of 170.90 feet; thence South 89°18'50" West a distance of 271. 80 feet to a point where said line intersects the West line of the Northeast 1/4 of the Southwest 1/4 of said Section 31; thence North 01°11'10" East a distance of 1073.76 feet along the West line of the Northeast 1/4 of the Southwest 1/4; thence South 89°53'40" East a distance of 3970.88 feet along the North line of the Norhteast 1/4 of the Southwest 1/4, and the Northwest 1/4 of the Southeast 1/4, and the Northeast 1/4 of the Southeast 1/4 to the point of beginning. A portion of said description is also known as a part of Lot 1, Block 178, City of Greeley, Weld County, Colorado. Excepting therefrom all that portion lying in the East 1/2 of the Northeast 1/4 of the Southeast 1/4 of said Section 31. Also Excepting therefrom RS-1023, Resubdivision of Union Colony Subdivision. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.01330-50904 Page 2 of 2 STEWART TITLE CO STG ALTA Commitment Sch A STO GUARANTY COMPANY -. ; COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I File No.: 01330-50904-Amendment No. C-2 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment. 5. Execution of an acceptable survey affidavit certifying that there have been no new improvements constructed or major structural changes made on the subject property. NOTE: If improvements have been made on, or in connection with, the subject property, please notify the Company's escrow officer within 10 days of receipt of this title commitment. 6. Deed from vested owner(s)vesting fee simple title in the purchaser(s). NOTE: Notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording of deeds CRS 38-35-109 (2). NOTE: The vesting deed is shown as follows: Warranty Deed recorded February 12, 1982 as Reception No. 1883049. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.01330-50904 Page 1 of 1 STEWART TITLE CO STG ALTA Commitment Sch B I GUARANTY COMPANY -. ; COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II File No.: 01330-50904-Amendment No. C-2 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 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. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under(a), (b)or(c) are shown by the Public Records or listed in Schedule B. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. Reservations contained in United States Patent recorded April 29, 1876 in Book 20 at Page 75. 10. Rights of way for Butler-Howard Ditch and Drainage System, together with any laterals, roads or appurtenances thereto, as the same may exist on the subject property. 11. Right of way for waste water and for road as evidenced in deed recorded May 11, 1883 in Book 35 at Page 546. 12. Right of way for waste water as evidenced in deed recorded May 11, 1883 in Book 35 at Page 547. 13. Matter as shown on the Map of the Union Colony Lands recorded April 17, 1891 as Reception No. 39743. 14. Mining Plan for Gravel Pit recorded December 22, 1978 as Reception No. 1776594. 15. Notice of underground facilities for Associated Natural Gas, Inc. recorded October 1, 1984 as Reception No. 1983584. 16. Amended Special Use Review(SUP-369:86:59)for Geiser' Pit recorded February 18, 1987 as Reception No. 2088716. 17. Right of way for the City of Greeley recorded November 4, 1988 as Reception No. 2160948. 18. Matters as shown on the plat of RS-1023, Resubdivision of Union Colony Subdivision recorded March 6, 2003 as Reception No. 3039498. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.01330-50904 Page 1 of 2 STEWART TITLE CO STG ALTA Commitment Sch B II STO GUARANTY COMPANY -. `•�:; COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II 19. Weld County Dust Control Well #1 as evidenced in document recorded January 18, 2012 as Reception No. 3818482. 20. Agreement between Weld County and the City of Greeley recorded May 18, 2012 as Reception No. 3846921. 21. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.01330-50904 Page 2 of 2 STEWART TITLE CO STG ALTA Commitment Sch B II STO GUARANTY COMPANY -. `•�:; DISCLOSURES File No.: 01330-50904 Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; B. A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; C. INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: a. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and b. That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. File No.:01330-50904 CO Commitment Disclosure STG Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information.This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates(the Stewart Title Companies),pursuant to Title V of the Gramm-Leach-Bliley Act(GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers'personal information;the reasons that we choose to share;and whether you can limit this sharing. Reasons we can share your personal information. Do we share Can you limit this sharing? For our everyday business purposes—to process your transactions and maintain your account.This may include running the business and managing customer accounts,such as processing Yes No transactions, mailing,and auditing services,and responding to court orders and legal investigations. For our marketing purposes—to offer our products and services to Yes No you. For joint marketing with other financial companies No We don't share For our affiliates'everyday business purposes—information about your transactions and experiences.Affiliates are companies related by common ownership or control.They can be financial and Yes No non-financial companies. Our affiliates may include companies with a Stewart name;financial companies,such as Stewart Title Company For our affiliates'everyday business purposes—information No We don't share about your creditworthiness. For our affiliates to market to you—For your convenience, Yes Yes,send your first and last name,the email Stewart has developed a means for you to opt out from its affiliates address used in your transaction, your marketing even though such mechanism is not legally required. Stewart file number and the Stewart office location that is handling your transaction by emailtooptout@stewart.com orfaxto 1-800-335-9591. For non-affiliates to market to you.Non-affiliates are companies No We don't share not related by common ownership or control.They can be financial and non-financial companies. We may disclose your personal information to our affiliates or to non-affiliates as permitted by law. If you request a transaction with a non-affiliate, such as a third party insurance company,we will disclose your personal information to that non-affiliate. [We do not control their subsequent use of information,and suggest you refer to their privacy notices.] SHARING PRACTICES How often do the Stewart Title Companies notify me We must notify you about our sharing practices when you request a about their practices? transaction. How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we personal information? use security measures that comply with federal law. These measures include computer,file,and building safeguards. How do the Stewart Title Companies collect my We collect your personal information,for example,when you personal information? 0 request insurance-related services 0 provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No.:01330-50904 Page 1 Revised 11-19-2013 stewart title Stewart Title- Fort Collins 3711 JFK Parkway, Suite 201 Fort Collins, CO 80525 Date: February 16, 2015 File Number: 01330-50908-Amendment No. C-2 Buyer: To Be Determined Seller: City of Greeley Property: Vacant Land, CO Please direct all Title inquiries to: Teri Faulkner Phone: (970) 226-4399 Email Address: teri.faulkner@stewart.com SELLER: King Surveyors 650 E. Garden Dr. City of Greeley Windsor, CO. 80550 Attn: Chad Dilka Phone: (970) 686-5011 Email: chadd@kingsurveyors.com We Appreciate Your Business and Look Forward to Serving You in the Future. ALTA Commitment(6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: Stewart title guaranty company ` n Matt Morris AJthorizec CoJrtersiynature CE President and CEO `1�1LE Gbg9._ q Stewart Title- Fort Collins WQQ �g"4, y` 3711 JFK Parkway, Suite 201 �� Fort Collins, CO 80525 - s o e (970)226-4399 TEAP , Denise C rraux Secretary Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.01330-50908 004-UN ALTA Commitment(6/17/06) . CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust,trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b)to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at<httpJ/wwwalta.orgh. All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.01330-50908 004-UN ALTA Commitment(6/17/06) . COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No.: 01330-50908-Amendment No. C-2 1. Effective Date: February 06, 2015, at 8:00 A.M. 2. Policy or Policies to be issued: Amount of Insurance (a)A.L.T.A. Owner's Policy 2006 (Standard) T.B.D. Proposed Insured: To Be Determined (b)A.L.T.A. Loan Policy Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the said estate or interest in said land is at the effective date hereof vested in: City of Greeley, a municipal corporation of the State of Colorado. 5. The land referred to in this Commitment is described as follows: See Attached Legal Description Purported Address: STATEMENT OF CHARGES Vacant Land These charges are due and payable CO before a policy can be issued TBD Commitment $500.00 Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ,' File No.01330-50908 Page 1 of 2 STEWART TITLE CO STG ALTA Commitment Sch A STO GUARANTY COMPANY -. `•�:; SCHEDULE A LEGAL DESCRIPTION A parcel of land located in the South 1/2 of Section 31, Township 6 North, Range 65 West of the 6th Principal Meridian, County of Weld, State of Colorado, being more particularly described as follows: Commencing at the East quarter corner of said Section 31 and considering the East line of said Section 31 to bear South 00°00'00" East and with all other bearings described herein being relative thereto: thence South 00°00'00" East along the East line of said Section 31 a distance of 881.33 feet; thence North 89°32'30"West a distance of 653.72 feet; thence South 00°13'50" East a distance of 321.30 feet to a point on the North bank of the existing Cache La Poudre River; thence North 73°09'00"West a distance of 145.32 feet; thence continuing along the North bank of the existing Cache La Poudre River, North 57°21'10"West a distance of 242.90 feet to the True Point of Beginning of Parcel "B-1"; thence continuing along the Northerly bank of the existing Cache La Poudre River, the following courses and distances: North 63°10'30" West 163.70 feet; North 89°20'30' West 504.70 feet; South 71°07'20"West 383.40 feet to a point of intersection with the Northwesterly bank of the old channel of the Cache La Poudre River; thence following along the Northerly bank of the old channel of the Cache La Poudre River the following courses and distances: North 44°51'10" East 278.53 feet; North 36°23'00" East, 478.07 feet; North 52°33'00" East 270.00 feet; South 30°39'00" East 353.00 feet; South 13°37'00" East 335.00 feet; South 55°42'00" East 86.25 feet; South 24°12'30" West 26.62 feet to the True Point of Beginning of Parcel "B-1". Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ,' File No.01330-50908 Page 2 of 2 STEWART TITLE CO STG ALTA Commitment Sch A STO GUARANTY COMPANY -. ; COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I File No.: 01330-50908-Amendment No. C-2 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment. 5. Execution of an acceptable survey affidavit certifying that there have been no new improvements constructed or major structural changes made on the subject property. NOTE: If improvements have been made on, or in connection with, the subject property, please notify the Company's escrow officer within 10 days of receipt of this title commitment. 6. Deed from vested owner(s)vesting fee simple title in the purchaser(s). NOTE: Notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording of deeds CRS 38-35-109 (2). NOTE: The vesting deed is shown as follows: Quit Claim Deed recorded January 24, 1978 as Reception No. 1742421. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.01330-50908 Page 1 of 1 STEWART TITLE CO STG ALTA Commitment Sch B I GUARANTY COMPANY -. ; COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II File No.: 01330-50908-Amendment No. C-2 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 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. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under(a), (b)or(c) are shown by the Public Records or listed in Schedule B. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. Reservations contained in United States Patent recorded April 29, 1876 in Book 20 at Page 75. 10. Rights of way for Butler-Howard Ditch and Drainage System, together with any laterals, roads or appurtenances thereto, as the same may exist on the subject property. 11. Right of way for waste water and for road as evidenced in deed recorded May 11, 1883 in Book 35 at Page 546. 12. Notice of underground facilities for Associated Natural Gas, Inc. recorded October 1, 1984 as Reception No. 1983584. 13. Easement for Atmos Energy Corporation recorded March 13, 2006 as Reception No. 3369880. 14. Oil and Gas Lease with Mineral Resources, Inc. recorded June 21, 2007 as Reception No. 3485116, and all assignments thereof or interests therein. 15. Agreement between Weld County and the City of Greeley recorded May 18, 2012 as Reception No. 3846921. 16. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.01330-50908 Page 1 of 1 STEWART TITLE CO STG ALTA Commitment Sch B II STO GUARANTY COMPANY -. `•�:; DISCLOSURES File No.: 01330-50908 Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; B. A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; C. INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: a. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and b. That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. File No.:01330-50908 CO Commitment Disclosure STG Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information.This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates(the Stewart Title Companies),pursuant to Title V of the Gramm-Leach-Bliley Act(GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers'personal information;the reasons that we choose to share;and whether you can limit this sharing. Reasons we can share your personal information. Do we share Can you limit this sharing? For our everyday business purposes—to process your transactions and maintain your account.This may include running the business and managing customer accounts,such as processing Yes No transactions, mailing,and auditing services,and responding to court orders and legal investigations. For our marketing purposes—to offer our products and services to Yes No you. For joint marketing with other financial companies No We don't share For our affiliates'everyday business purposes—information about your transactions and experiences.Affiliates are companies related by common ownership or control.They can be financial and Yes No non-financial companies. Our affiliates may include companies with a Stewart name;financial companies,such as Stewart Title Company For our affiliates'everyday business purposes—information No We don't share about your creditworthiness. For our affiliates to market to you—For your convenience, Yes Yes,send your first and last name,the email Stewart has developed a means for you to opt out from its affiliates address used in your transaction, your marketing even though such mechanism is not legally required. Stewart file number and the Stewart office location that is handling your transaction by emailtooptout@stewart.com orfaxto 1-800-335-9591. For non-affiliates to market to you.Non-affiliates are companies No We don't share not related by common ownership or control.They can be financial and non-financial companies. We may disclose your personal information to our affiliates or to non-affiliates as permitted by law. If you request a transaction with a non-affiliate, such as a third party insurance company,we will disclose your personal information to that non-affiliate. [We do not control their subsequent use of information,and suggest you refer to their privacy notices.] SHARING PRACTICES How often do the Stewart Title Companies notify me We must notify you about our sharing practices when you request a about their practices? transaction. How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we personal information? use security measures that comply with federal law. These measures include computer,file,and building safeguards. How do the Stewart Title Companies collect my We collect your personal information,for example,when you personal information? 0 request insurance-related services 0 provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No.:01330-50908 Page 1 Revised 11-19-2013 ARL883049 • Recorded at_ It 0961 REC 0100;5049 02/12/132 46:49 SE).00 1/002. ReceptionNc MARY ANN I=E:IJERSTETN, CLERK & RECORDER, WELD COUNTY, CD ?- )l�r>rrinlr� �llccrl. 11115 DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the "property") from the individualts). corporation(s), partnership(s) Or other entily(ies) named below as GRANTOR to the individual(s)or entity(Fes)named below as GRANTS1. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the properly,except for(1)the lien of the general property taxes for the year of this decd,which the GRANTEE will pay 12)any easements and rights-of-way evidenced by recorded instruments(3)any paten I reservations dad excoptions('I)any mdslanding mineral interests shown of record(5)any protective covenants and restric- tions shown of record. and 16)any aridit ional matters shown below under"Additional FVarranly Fecpptions- The specific terms of this deed are: GRANTOR:a.m.namde and ld.rcrpl ur residrmr it the senor of the oo,rer-grantor is mimnit in Inn Owed to''ha.,-Inunrvrgd rights. identify Grantors as tool I and'site I Richard Geisert and Francis GeiserL GRANTEE; IGn, name's)and addras@sl.stalen,nt of address indndine asadahh•road n,sirrrl number.us required i c •C aunty of Weld, State of Colorado, a body corporate and politic 915 10th Street, Greeley, Colorado --- t' FORM OF CO-OWNERSHIP: lit thew an,hue or more emulous r.nned,they rill he considered to tale as rancor in rgmmpn unless — —— — — — tlm words"in joint tenancy"a,sso:ds of the some',mine are ambled in the space below I PROPERTY DESCRIPTION: and"dr coots arid slap•1 lam'"at, 02.1.3 ATTACHED EXHIBIT "A" • • t^ S N `1 CONSIDERATION:My state,m•nl or a dollar amntml i,optional. adequate emntdnmbon fur tun and null to Ines,mrvl sinless nos rnuwnmrr is identilnrl as a gill in.ms'saw this rnnnyana,is*whit,. final and MI( ndlbnnal• • RESERVATIONS-RESTRICTIONS:(11 the GRANTOR intends in reserve any interest in the mopeds'or to convey tendon he cans"or if the GRANTOR is tenth-ling the GRAN III'5 right tin the meetly.make nppmrxrate indication 1 ,Ali:4\iTIONAE.{4IiRANTY EXCEPTIONS:Ibis huh.nunnone,being aaonud and other ustalters not coward alias • :` 4JOTgII- - Signed on • February 12 ,19 82 /(�£ /li(L�« Cw (.cl�il-Ntt ,t act/ Attest G toter e • 1611 Grantor STATE OF COLORADO ) _ COUNTY OF Weld )ss' Grantor The foregoing instrument was acknowledged before isle this 12th day of February , 19 82 by Gary R. Sears as attorney—in—fact for Richard Ceisert and Francis Ceisert, WITNESS my band and official seal. My commission expires:August 23, 1984 Notary Public/ STATE OF )ss 1221 8th Ave., Greeley, CO 80631 COUNTY OF ) Tim foregoing instrument was acknowledged before me this day of , 19 by WITNESS my hand and official seal. • My commission expires: Notary Public• �� t:t P.O. 7 BOX ORELEGAL FORMS Y,Co (;'%; )) � /mac. NO. 201 . B0x III15,OREELEY,COLORADO 80632 ��J) EXHIBIT "A" 8 0961 REC 01083049 02/12/132 16:49 $0.00 2/002 NARY ANN EEMERSTETN, CLERK & RECORDER, WELD COIJNTY, CO All that part of the NE 1/4 SW 1/4 and the NW 1/4 SE 1/4 and the NE 1/4 SE 1/4 Section 31, Township 6 North, Range 65 West of the 6th Principal Meridian, Weld County, Colorado, more specifically described as follows: Considering the East line of said Section 31 to bear South 00°00'00" East and with all, other bearings described herein being relative thereto, and beginning at the E 1/4 corner of said Section 31, thence South 00°00'00" East along the East line of said Section 31 a distance of 881.33 feet to a point, thence North 89"32'30" West a distance of 653.72 feet, along the line described in ➢ook 414 at Page 484 of the Weld County Records, thence South 0°13'50" East a distance of 197.38 feet, thence South 73°12'52" West a distance of 162.50 feet, thence North 55°42'00" West a distance of 300 feet, thence North 13°37'00" West a distance of 335 feet; thence North 30°39'00" Vest a distance of 353 feet, thence Suuth 52°33'00" West a distance of 270 feet, thence South 36°23'00" West, a distance of 478.07 feet; thence South 44°51'10" West, 278.53 feet to a point where said line intersects the North bank of the existing channel of the Cache La Pondre River; thence South 71°07'20" West a distance of 222.20 feet; thence South 82°21'20" West a distance of 262.48 feet until said line intersects the North line of that parcel of land described in Book 373 at Page 463 of the Weld County records, thence North along the North line of said parcel North 85°53'00" West a distance of 687.85, thence North 55°22'10" West a distance of 77.24 feet, thence North __65°16'_30" West, a-distance-of-129,80-feel,-thence North 87°51'50" West-0 distance • of 208.50 feet, thence South 75"35'50° West a distance of 170.90 feet, thence South 89°18'50" West a distance of 271.80 feet to a point Where said line inter- sects the West line of the NE 1/4 SW 1/4 of said Section 31, thence North 01°11'10" Rost a distance of 1073.76 feet along the West line of the NE 1/4 SW 1/4, thence South 89°53'40" East a distance of 3970.88 feet along the North line of the NE 1/4 SW 1/4, and the NW 1/4 SE 14, and the NE 1/4 SE 1/4 to the point of beginning. Said parcel includes irrigation Well Reg, 1129-11874, R.F: 200", forming a part • of the Larimer-Weld Augmentation Plan. a portion of said description is also known as a part of Lot 1,•Block 178, , City of Greeley, Weld County, Colorado. Grc , - ( gal Recorded at ! a'dah.—M:..Jtt, ..Pet 820 ......,,.:.. 171N 24 1918 Reception No 1142.121 ?AMY ANN.flW&B&TLIN.....nworder. RMonfort of Colorado, Inc., incorporated under !! • the laws of the State of Delaware, successor in inter- ' 1 I est to Monfort Feed Lots, 1 whose eddrers Bo.. C, Greeley, Colorado, 80631, County of Weld , and State of C' Colorado , for the consideration of GOOD AND VALUABLE r-1 to TEN AND NO/100 Dollars, in hand paid, CAE• hereby sell(s) and quit elaim(s) to the City of Greeley, a municipal corporation under the laws of the State of Colorado, it whose addressie Civic Center Complex, Greeley, Colorado, 80631, O • .o County of Weld , and State of Colorado , the following real property, in the County of Weld , and State of Colorado, €o wit: o A parcel of land located i.n the South Half (SI) of Section 31, Township 6 North, r. o Range 55 West of the 6th 'rincipal ilerid an, Weld County, Colorado, and b':ing morel particularly desctibnd as follows: ati Commencing at the East Quarter Corner (E`Cor) of said Section 31 and considering If the East line of said Section 31 to bear SO0°00'0^"2 an-1 with an other bearings N described herein being relative thereto: Thence S00°00'00"R along the East line of said Section 31, a distance of 881.33 fe 't; Thence N89°32'30"W, 653.72 feet; • Thence S0O°13'50"E, 324x5@ feet to a point on the North bank of the existing Cache La Poudre River; • JI ,c-' Thence N73°09'00"W, 145.32 feet; ' Thence continuing along the North bank of the existing Cache La Poudre River, • -1 1457°21'10"W, 242.90 feet to the True Point of Beginning of Parcel "B-1"; Thence continuing along the Northerly bank of the existing Cache La Poudre River, the following C°uises and distances: N63°10'30"W, 163.70 feet; N39°20'30"W, 504.70 feet; 571°07'20"W, 383.40 feet to a point of intersection with the Northwesterly bank of the old channel of the Cache La Poudre Rive ,; I!Thence following along the Northerly bank of the old channel of the Cache La Poudr fiver, the following courses and distances: N44°51'10"E, 278.53 feet; N36°23'00"^, 478.07 feet; N52°33'00"E, 270.00 feet; S30°39'00"E, 353.00 feet; S13°37100"n, 335.00 feet; S55°42'00"E, 86.25 feet; S24°12'30"W, 26.62 feet to the True Point of Beginning of Parcel "B-1". Said parcel of land contains 7.1615 acres more or less. with all its appurtenances Signed thin 13th day of January 19 7 — Y �k�/d!,f/`►✓ Monfort o oToradoBy llan S'riiiSri = C .� Vice President " • --Attest: Clark E. Weaver —' tn. . Assistant Secretary STATE OP COLORADO, County of Weld �w. The foregoing instrument was acknowledged before me this 13th day of January , 19 78 , by G. Hank Brown PRA � Ali commieeib>i,.,eipine August 27, 1981 •*ltltlga1T hshand-and official seal * . VF1L1c / 't , ...•-'•... . ...: Nolan PAIN. of OW"' atotatery Aekaoadrapatost—If by natant!penal or persona dare lent ONTO ar la If by pesos artlat In lap,aratatl»or official capacity or oaa atooRt non. than insert name of such beer m officers pnrd(n enttor other co 'Lefty of A ikacrID- ar mr. Duration.aunlne It. Na ale. Wire CLAIM DLCD-fist b,a—y.. 111.1.11 r r,d.4 IK1.—?41 -�—an t.Td pnihamr Ceasaar.Inc Moat.tore.Deans.Colorado Hello