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HomeMy WebLinkAbout20141976.tiff 3858486 Pages: 1 of 4 07/12/2012 09:15 917 R Fee:$26 00 0 Fee:$550.00 Steve Moreno. Clerk and Recorder. Weld County., CO l O ■III '�I'YhIh'I,!& 16 MUM MMMGd 4f/U CIN4d�I III SPECIAL WARRANTY DEED THIS DEED, made this 29th day of June, 2012, between LESTER E. HARDESTY and SHERRILL R. HARDESTY, of the County of Weld, State of Colorado ("Grantors") , and LONG MEADOW FARM LLC, a Colorado limited liability company, the mailing address of which, for purposes of this Deed, is 5525 Trail Point, Fort Collins, Colorado 80524, of the County of Larimer, State of Colorado ("Grantee") . WITNESSETH: That Grantors, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, have granted, bargained, sold, and conveyed, and by these presents do hereby grant, bargain, sell, convey, and confirm unto Grantee, its successors and assigns, forever, all the real property, together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado, which is legally described as follows (the "Property") : As set forth on Exhibit "A" attached hereto and incorporated herein by reference. (Street Addresses: 34600 WCR 31 and 15274, 15278 and 15280 WCR 72, Greeley, Colorado) TOGETHER WITH all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and all the estate, title, interest, claim, and demand whatsoever of Grantors, either in law or equity, of, in, and to the Property, with the hereditaments and appurtenances. RESERVATION OF MINERALS. Grantors expressly except and reserve unto themselves, and their heirs, personal representatives, and assigns, forever, all (i.e., one hundred percent 1100%] ) oil, gas, coal, uranium, and other minerals and mineral rights which are owned by Grantors and which are located in, on, or under the surface of the Property. TO HAVE AND TO HOLD the Property above bargained and described, with the appurtenances unto Grantee, its successors and assigns, forever. Grantors, for themselves and their heirs, personal representatives, and assigns, do covenant and agree that they shall and will warrant and forever defend the Property in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through, or under Grantors, EXCEPT AND SUBJECT TO those matters which are set forth on Exhibit "B" attached hereto and incorporated herein by reference. IN WITNESS WHEREOF, Grantors have executed this pecial Warranty Deed on the date set forth above. (, LESTER E. HARD SHERRILL R. H DESTY ' �25(O Salo /&fuun to :ono HeadoW raw) (h C X525 7RQIl Porn* FoRtCo11in5, Co Soo24 SIF4O 0/28/::1 :- K1..0 LG 11KI,104114 WV 2f3S£34£36-201 ? . 001 34358486 Pages: 2 of 4 07/12/2012 00:15 AM R Fee:$26.00 0 Fee $550.00 Steve Moreno Clerk and Recorder. Weld County. CO VIII h'�'ri I�IrriN �I�Y�tiIL4d1+hk�4 fhhl,I�t�{I�rl 1s+4�lil+l II III STATE OF COLORADO ss. COUNTY OF LARIMER The foregoing instrument was acknowledged before me this 29th day of June, 2012, by LESTER E. HARDESTY and SHERRILL R. HARDESTY. WITNESS my hand and official seal. My commission expires:‘ Notary Public DU;NP,.07 � i Y (NF&G b/28/12) - 2 — SKI,u ),c.; KL.I 0.92'1 WF'; "3H_3H'11iF-20] . ()O2 3858486 Pages: 3 of 4 07/12/2012 0 " X099,::155 RMya qR cyor a.:,52 k;0i c��y�y uflIt1 N:$C5050yW.�0`0 Iiii.J. YY1�i�R��l'1''LlRY Mgr I7'�1 Cyllt�i m'Y EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE SPECIAL WARRANTY DEED BETWEEN LESTER E. HARDESTY AND SHERRILL R. HARDESTY ("GRANTORS") AND LONG MEADOW FARM LLC ("GRANTEE") LEGAL DESCRIPTION OF THE PROPERTY Lots A and B, Recorded Exemption No. 0805-10-2 RE 2298, recorded September 29, 1998, at Reception No. 2643353, located in the NW1/4 of Section 10, Township 6 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. , (Street Addresses: 34600 WCR 31 and 15274, 15278 and 15280 WCR 72, Greeley, Colorado) TOGETHER WITH all rights, title, and interest of Grantors in and to all water and water rights, reservoirs and reservoir rights, and wells and well rights which are appurtenant to the Property, including ten (10) units of Colorado-Big Thompson Project water, two (2) shares of the capital stock of The Windsor Reservoir and Canal Company, one (1) share of the capital stock of The Larimer and Weld Irrigation Company, two (2) shares of the capital stock of The Lucas Lateral Ditch Company, and three (3) water taps in the North Weld County Water District. i11F6G 6/28/12) SM),U LG SK1.10424 WO 3 0 50 4 8 6-2012 . 003 3858486 Pages: 4 of 4 07/12/2012 7/12/2012 0915 An R m r�tle..2V ceouFir 5050.00 viii i arn'.orcrtiy,sK1'a lim EXHIBIT "B" ATTACHED TO AND MADE A PART OF THE SPECIAL WARRANTY DEED BETWEEN LESTER E. HARDESTY AND SHERRILL R. HARDESTY ("GRANTORS") AND LONG MEADOW FARM LLC ("GRANTEE") TITLE EXCEPTIONS 1. Taxes and assessments for the year 2012 and subsequent years. 2. Right of way for County Roads 30 feet on either side of Section and Township lines, as established by the Board of County Commissioners for Weld County recorded October 14, 1889, in Book 86 at Page 273. 3. Existing leases and tenancies, if any. 4. Right of proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises as reserved in United States Patent recorded January 14, 1903, in Book 132 at Page 53. 5. Undivided 1/2 interest in and to all oil, gas and other minerals as reserved in Deed recorded March 30, 1971, under Reception No. 1564809 and any and all assignments thereof or interests therein. 6. Oil and Gas Lease recorded March 9, 1981, under Reception No. 1851707 in Book 930 and any and all assignments thereof or interests therein. 7. Oil and Gas Lease recorded April 2, 1981, under Reception No. 1854014 in Book 932 and any and all assignments thereof or interests therein. NOTE: Extension of the above Lease as claimed by Affidavit of Production was recorded August 15, 1986, under Reception No. 2065202 in Book 1124 and recorded August 15, 1986, at Reception No. 2065203 in Book 1124. 8. All oil, gas, minerals and other mineral rights as reserved in instrument recorded August 4, 1989, under Reception No. 2187351, and any and all assignments thereof or interests therein. 9. Right of way easement as granted to Associated Natural Gas Inc. in instrument recorded May 9, 1995, under Reception No. 2437502. 10. Terms, conditions and provisions of Agreement recorded December 22, 1995, at Reception No. 2468838. 11. Terms, conditions and provisions of Site Plan recorded December 1, 1999, at Reception No. 2735736. 12. Easements, conditions, covenants, restrictions, reservations and notes on the Plat recorded September 29, 1998, at Reception No. 2643353. 13. Any loss or damage arising from matters shown on ALTA/ACSM Land Title Survey dated April 17, 2012, Job #12009-ALTA, by Hammer Land Surveying, Inc. , including but not limited to: A. Overhead electric lines and electric panels. B. Gas well, gas separator, tank battery. C. Easterly access road lies on adjacent property. wvnc 6/2a/.2: _ 4 ::1KLI) LC; n KL101124 WC; 3F3!if3486-2O . 004 I11111111111111111111111IIIII1111111111III11111111III { 2908079 12112/2001 12:15P JA SWM Tsulamoto I of 3 A 15.00 0 60.00 Weld County CO WARRANTY DEED 019 THIS DEED, made this 6th day of December. 2001, by and between EDWARD SCBNORR and MABLE SCHNORR FAMILY TRUST, a Trust, of the County of Weld, State of Colorado ("Grantors") . and LESTER 6. HARDESTY and SHERRILL R. HARDESTY, as joint tenants with rights of survivorship and not as tenants in common, whose mailing address, for purposes of this Deed, is 34600 Weld County Road 31, Greeley, Colorado 80631, of the County of Weld, State of Colorado ("Grantees") . WITNESSETH: That Grantors, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, to Grantors in hand paid by Grantees, the receipt of which is hereby confessed and acknowledged, have granted, bargained, sold, and conveyed, and by these presents do hereby grant, bargain, sell, convey, and confirm unto Grantees, their heirs, personal representatives, and assigns, forever, the real property, together with all improvements, if any, situate, ZS) lying, and being in the County of Weld, State of Colorado, which is legally described on Exhibit "A" attached hereto and incorporated \r" herein by reference. TOGETHER WITH all and singular the hereditaments and appurtenances tbereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all estate, right, title, interest, claim, and demand whatsoever of Grantors, either in law or equity, of, in, or to the above-bargained premises, with the hereditament° and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto Grantees, their heirs, personal representatives, and assigns, forever. And Grantors, for themselves and their heirs, personal representatives, and assigns, do covenant, grant, bargain, and agree to and with Grantees, their heirs, personal representatives, and assigns, that at the time of the eneealing and delivery of these presents they are well seized of the premises above conveyed; have good, sure, perfect, absolute, and indefeasible estate of inheritance, in law, in fee simple; and have good right, full power, and lawful authority to grant, bargain, sell, and convey the same in manner and form as aforesaid; and that, except as hereinafter provided, the same are free from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances, and restrictions of whatever kind or nature soever; and Grantors do hereby warrant the title to the same, except and subject to the following: 1. Rights of way, whether in fee or easement only, for county roads 30 feet wide on each side of section and township lines as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1869, in Book 86 at Page 273. 2. The Lucas Lateral Ditch and any and all right of way therefor. 3. Undivided 1/2 interest in and to all oil, gas and other minerals, as reserved by Elmer E. West and Eunice M. West in Warranty Deed dated March 5, 1974, recorded March 6, 1974, in Hook 710 as Reception No. 1631534, and any interests therein or rights thereunder. 4. Reservations by the Union Pacific Railroad Company of (1) all coal and other minerals underlying subject property, (2) the exclusive right to prospect for, mine and remove coal and other minerals, and (3) the right of ingress and egress and regress to prospect for, mine and remove coal and other minerals, all as contained in Deed recorded June 19, 1999, in Book 170 at Page 379, and any interests therein or rights thereunder. 5. Oil and gas lease between Edward Schnorr and Mable Schnorr and Overthrust Oil Royalty Corporation dated October 21, 1982. recorded November 18, 1982, in Book 982 as Reception No. 1909212, Modification recorded October 5, 1983, in Book 1009 as Reception No. 1942674, and any interests therein or rights thereunder (NOTE: Numerous instruments of record indicate that said Oil and Gas Lease may have been extended beyond its primary term by the discovery and/or production of oil and/or gas upon the subject property or upon lands unitized with subject property.) (4F8M 12/06/01) SKLD LG SKL10424 WE; 2908079-2001 . 001 II111111111 Iilllll 11111 IIIiI IIII 111111 lil Iilll IIII All oto 2 0l 3 R 16.00 D 60.00 Weld County CO 6. Right of way, whether in fee or easement only, for pipeline and appurtenances, granted to Natural Gas Associates, Inc. by Edward Schnorr and Mable Schnorr by instrument recorded April 7, 1986, in Book 1108 as Reception No. 2049044, in which the specific location of the easement ie not defined. 7. Any question, dispute or adverse claims as to any loss or gain of land as a result of any change in the dividing lateral location by other than natural causes, or alteration through accretion, reliction, erosion or avulsion of the center thread, bank, channel or flow of waters in the lateral lying within subject land; and any question ae to the location of such center thread, bed, bank or channel as a legal description monument or marker for purposes of describing or locating subject lands. 8. Real property taxes for the year 2001 and subsequent years. Grantors shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of Grantees, their heirs, personal representatives, and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, Grantors have executed this Warranty Deed the day and year first above written. e� '-r"�� 4JJ ED ARD SCHNORR MABLLE JSCHNORRR FAMILY TRUST,, a Trust BY�o dward.s -,feeeact Edward Sc orr, Trustee STATE OF COLORADO es. COUNTY OF LARIMER The foregoing instrument was acknowledged before me this 6th day of December, 2001, by EDWARD SCHNORR, Individually and as Trustee of the MASLE SCHNORR FAMILY TRUST, a Trust. WITNESS my hand and official seal. My commission expires: //"/5 ELei O4pBV"P& h L D Y "� (5 Notary Public i +.DARELLA L.l: BLOCH 1 5 //I N /per. EOF (HF&H 12/06/01) SKLD LG SKL10424 WE 2908079-2001 . 002 1111111111111111{111111111111 VIII 111111 III 11111 VIII VIII 2908079 12/12/2001 12:16P JA Srkl Taukamolo 3 0l 3 R 15.00 D 60.00 Weld county CO EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE WARRANTY DEED BETWEEN EDWARD SCHNORR AND MARLE SCHNORR FAMILY TRUST ("GRANTORS") AND LESTER E. HARDESTY AND SHERRILL R. HARDESTY ("GRANTEES") LEGAL DESCRIPTION OF THE PROPERTY CONVEYED HEREBY Lot C of Recorded Exemption No. 0805-03-3-RE3211 recorded December 4, 2001, as Reception No. 2905716, being a part of the W1/2 and the SE1/4 of Section 3, Township 6 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. TOGETHER WITH a non-exclusive, perpetual road and utility easement over and across the most northerly thirty feet (30') of Lot B of Recorded Exemption No. 0805-03-3-R83211 recorded December 4, 2001, as Reception No. 2905716, County ! of Weld, State of Colorado. (Vacant land, no street address assigned) The property being conveyed hereby (the "Conveyed Property") shall include the following: 1. All rights, title, and interest of Grantors in and to any improvements located on the Conveyed Property, including, but not limited to, the center-pivot sprinkler system and all associated pumps, motors, risers, pipeline, gated pipe, gates, grain-handling and drying equipment, and all other associated irrigation equipment located on and used in the operation of the Conveyed Property. 2. All rights, title, and interest of Grantors in and to any and all minerals and mineral rights, including oil, gas, sand, gravel, and other minerals located in, on, or under the surface of the Conveyed Property; 3. All rights, title, and interest of Grantors in and to all easements, rights-of-way, and rights to same belonging and inuring to the benefit of the Conveyed Property, including, but not limited to, all rights of Grantors under that certain Order dated August 6, 2001, entered in Weld County District Court, Case No. 01CV48O, in which Edward Schnorr is the Plaintiff and Eunice A. Baer and Laura A. Gill are the Defendants; and 4. With the exception of one hundred (100) units of Colorado-Big Thompson Project water as administered by the Northern Colorado Water Conservancy District, the Conveyed Property shall include all rights, title, and interest of Grantors in and to all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, and wells and well rights, on, underlying, appurtenant to or used on or F in connection with the Conveyed Property, including, but not limited to three (3) shares of the capital stock of The Larimer & Weld Irrigation Company; three (3) shares of the capital stock of The Windsor Reservoir and Canal Company; two (2) shares of the capital stock of The Larimer & Weld Reservoir Co.; and three (3) shares of The Lucas Lateral Ditch Company. (HF6R I2/06/01) - 3 - SKLD LG SKLl0424 WE 2908079-2001 . 003 CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD Land Title Order No.: Long Meadow Dairy The Land Title Guarantee Company (TITLE INSURANCE or ABSTRACT COMPANY) hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. Legal Description: Lot B, Recorded Exemption No. 0805-10-2-RE2298, according to the map recorded September 29, 1998 at Reception No. 2643353, being a portion of Section 10, Township 6 North, Range 66 West of the 6°i P.M., County of Weld, State of Colorado CONVEYANCES (if none appear, so state): Reception No. 1564809, Book 643 Reception No. 2173619, Book 1227 Reception No. 2176008, Book 1229 Reception No. 2187351, Book 1240 Reception No. 2643353 Reception No. 2733678 Reception No. 3578550 Reception No. 3858486 This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title, nor an opinion of Title, nor a guarantee of Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 21st day of January, 2014 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPANY 1 \ • Heidi Cruc Title Examiner Pi. ^rw 'm z .f & u�t. 'T a _ SSS._v�• +I-- M�t`,... K 1 -4 F L IT^k. a 1 4,t h, i 5 Yif �Ci yy S Y l •iMr.t` 1 .cox rp-,Ht'.8 it ,ter"�eA n f�t , Ft•;\r t 4, "f, fa 4 n . 1;1 t44-ir•�ArfUtul 1J rilt \tt fj 'nri 4 � ,�t, 1 , MGM L,, ' r7 ,1:1a-"t t7 .1*k',`3 J`r0- AJLIT ..LJr txl ^rl r.x� ,ems t"w`,`c f, *v P14;r rTr.1;ru.,+-.-xA14:ty�-'" 17- "- 't i; 'ri.i. ..? a:$ tl i4.1%/111,;:,.13'=:.,•.y, ••,'•-•..t..•••,,..;•,, r� Y \..`'` r' '.' `2tt''( t)�1^vr ,F2tr::',11%,.f,..',-; tAf ` kt1.P^1Lwt'.1.-,-,,,,,..,?,..,t,/.1 11`t ?4 ,/.1 ,hl Q >111r r � fT P t 4 11 T"$l Fx'"�f1V � 1 C Y M r f� f , II Y b it,"t .1. t 1`{A�•1't 11e/8y 1 0" rp) A. g St t 5i ` ttiw ` if. f H t,l [F i tea ,,, t x i it If r t - .. 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I ��w•o i,c SKI.] 04.24 con 1564 802- i911 .001�' t Zr ��_ [�M:� B 1227 REC 02173619 03/17/89 08:54 $12.00 1/004 F 0030 MARY ANN FEUERSTEZN CLERK a RECORDER WELD CO, CO ARe173619 DEED IN LIEU OF FORECLOSURE/DEBTORS' QUITCLAIM DEED Stott �,//D/o'7t cu�me toy Feo KNOW ALL PERSONS BY THESE PRESENTS: Date<2 jkade • THAT the undersigned, Leland Wayne Carlson and Betty Joan Carlson (hereafter "Grantors" , whether one or more) , claim an interest in, and legal title to certain real property, described in Exhibit "A" attached hereto and incorporated by reference, which is secured to Farm Credit Bank of Wichita f/k/a The Federal Land Bank of Wichita (hereinafter "FLB" or "Grantee") under that certain First Farm and Ranch Mortgage dated February 4, 1980, and recorded April 2 , 1980, in Book 899 at Reception No. 1821230, securing Loan No. 790809 9-0-565 0 in the records of Weld County, Colorado, securing certain loans by FLB to Grantors ; and WHEREAS, the Grantors filed a Petition for relief under Chapter D.F. 22.8012 of the Bankruptcy Code on February 10, 1988, under Case No. 88 B 01605 A of the United States District Court for the District of Colorado in Bankruptcy; and WHEREAS, Grantors have reviewed the claims secured by the property set forth below; believe there is no equity in the property in excess of the claims secured thereby, including the lien of FLB; and Grantee has requested confirmation of Grantors' abandonment and surrender of the property; and WHEREAS, pursuant to a Second Amended Plan of Reorganization ("Plan of Reorganization" or "Plan" ) approved by the Bankruptcy Court on September 12, 1988 , Grantors acknowledged their secured by the foregoing Mortgage securing the FLB loan; and WHEREAS, the Plan of Reorganization has been duly approved by, and made an Order of the Bankruptcy Court pursuant to the provisions of the Bankruptcy Code after notice and opportunity for hearing to all creditors, for the purpose of setting up and establishing certain rights , duties and responsibilities of the parties as more particularly set forth therein; and WHEREAS, Grantors desire and have agreed to perform pursuant to the Plan of Reorganization as made an Order of the Bankruptcy Court , including those provisions which will call for Debtors ' delivery of this Deed out of escrow in the event of any default under the terms of the Note, Mortgage or Plan of Reorganization, waiving any and all further right , title, claim or interest in the property set forth below. NOW, THEREFORE, for good and valuable consideration, Grantors hereby acknowledge FLB Loan „790809 9-0-565 0 is in default ; is secured by the real property described below; disclaim all further :KIr) LC{ `3KJ, 10421 WI: ?1 '/.S(il (1- 1 ( 8,) . On B 1227 REC 02173619 03/17/89 08:54 $12.00 2/004 F 0031 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO right , title and interest in and to the property conveyed hereunder, including but not limited to any rights of homestead, leaseback, repurchase, redemption, or continued possession, and do hereby grant , convey, transfer and assign to FARM CREDIT BANK OF WICHITA f/k/a THE FEDERAL LAND BANK OF WICHITA, a corporation, whose address is 245 North Waco, P. O. Box 2940, Wichita, Kansas 67201-2940, its successors and assigns, all of Grantors ' right , title and interest, including by way of description, and not limitation, rights in reversion or abandonment under the Bankruptcy Code, Title 11 U.S.C. , rights of first refusal , repurchase, leaseback, restructure, cure, continued possession or redemption in and to all or any part of the following described property located in Weld County, Colorado, to-wit : The NW1/4 of Section 10, Township 6 North, of Range 66 West of the 6th P.M. , Weld County, Colorado. Together with 4 shares of the capital stock of The Larimer and Weld Irrigation Company; 4 shares of the capital stock of Windsor Reservoir and Canal Company; 5 shares of the capital stock of Lucas Lateral Company, and together with 23 Units from the waters of the Northern Colorado Water Conservancy District . Notwithstanding anything set forth herein, Grantors are not waiving any rights they may have of first refusal to leaseback or repurchase the property under the Agricultural Credit Act of 1987. TO HAVE AND TO HOLD THE SAME, together with all growing crops, water , water rights , fixtures, equipment and appurtenances, and rights used and obtained or pertaining thereto, as set forth and contained in that certain Mortgage as set forth above in the records of Weld County, Colorado, free and clear of any and all further - right , title, interest or claim of Grantors and free and clear of all liens or encumbrances . This Deed in Lieu of Foreclosure shall be dated and deemed effective as of the date of execution, notwithstanding its delivery to an escrow agent to hold for release in the event of a default by Grantors under the terms and provisions of the Plan of Reorganization. Grantors acknowledge that this Deed hes been tendered after full disclosure of the waivers contained herein and consultation with and upon the advice of Grantors' counsel , and has been freely and voluntarily given. Debtors acknowledge and agree their default under the original loan documents shall , for the purposes of this Deed, be deemed to be a continuing default in light of their waiver , quitclaim and assignment of all further rights in the property, including any -2- SK1.,D 1,C 1113;1, 1 042/1 WV 27 /361 9-19139 . 002 • • B 1227 REC 02173619 03/17/89 08:54 $12.00 3/004 F 0032 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO rights of redemption, first refusal , leaseback, and restructure, as set forth above. Grantors acknowledge that Grantee's acceptance and recordation of this conveyance shall not be deemed a merger or waiver of Grantee' s rights as a mortgagee or beneficiary under any Mortgage, Deed of Trust or other security instrument secured by the property; but is made solely for the purposes of providing a Deed in Lieu of Foreclosure to clear title, transfer possession and avoid, to the extent possible, additional costs, expenses and delays of judicial or public trustee foreclosure of the Grantee's rights under the above-described Mortgage. Further, Grantee' s acceptance of this conveyance shall not be deemed or construed a merger or waiver of Grantee's right or claims under the loan secured by the foregoing property to commence or continue foreclosure or any other proceeding to collect the full amounts due under Grantee' s loan from the property or any other parties that may be liable thereon in the event Grantee deems or feels it necessary for any reason to continue such proceedings to clear title to the property or seek a deficiency claim therein. By their execution of this Agreement , the Grantors hereby acknowledge, stipulate and agree to the voluntary waiver of any rights of redemption, leaseback, restructure under State of Federal law, and any rights as a qualified farm owner-tenant with informed consent . As a part of this conveyance, effective as of the date hereof, Grantors have specifically waived any rights they have have or claim as a qualified farm-owner/tenant under the provisions of S 13-40-125, inmcluding any further rights to leaseback, right of first refusal , or going-away crops, and any and all rights under S 13-40-104(2 ) , S 13-40-124 , S 13-40-125, or S 13-40-126, C.R.S. , as amended. Further, Grantors specifically waive any rights of restructure under the Agricultural Credit Act of 1987 . For Notices under S 13-40-125, C.R.S. , as amended by S.B. 123 , the parties agree their addresses for Notice purposes shall be: Leland Wayne Carlson The Federal Land Bank of Wichita 15274 W.C.P.. 72 c/o Farm Credit Services Greeley, Colorado 80631 127 22nd Street Greeley, Colorado 80631 Betty Joan Carlson 15274 W.C.R. 72 Greeley, Colorao 80631 or such other address as the parties may provide one another from and after the effective date of this Deed, in writing. Grantors he-eby acknowledge THEY HAVE THE RIGHT TO REVOKE THE FOREGOING WADER UPON WRITTEN NOTICE SERVED UPON AND RECEIVED BY GRANTEE WITHIN THREE (3) BUSINESS DAYS AFTER EXECUTION HEREOF. -3- L(, HIKE, I04241 WV 21 '/_4619- IwW) . 003 •• . B 1227 REC 02173619 03/17/89 08:54 $12.00 4/004 • F 0033 MARY ANN FEUERSTEIN CLERIC & RECORDER WELD CO, CO DATED this ,26 day of _ . i _, 1988. hir 4a/110-4 ` and yne arls 1Don, Grantor i c� �� Betty Jo Carlson, Grantor STATE OF COLORADO ) 1 ss. COUNTY OF zu,n,a,al`) SUBSCRIBED AND SWORN TO before me this C day 1988 by Leland Wayne Carlson and Betty Joan CE Tson. ,,,.' ,,,,, ,,�`;`ytt5..I do` WITNESS my hand and seal . ▪ ,, . �.Q: `l► v of �n r�unY\ q Notary Public yp 4 My Commission expires c�-1 � • %p4�. •• .. k�,`��▪ \ F• ���/IN/rhm�UN�"\ RWF:05148012 880331JAL640 —4— :3KI.0 Lc; :;1-(1, I 01/i WV 21 /36l 9-1 9t“9 . 001 4Ra176008 1229 REC 02176008 04/10/89 16:10 F 0644 MARY ANN FEUEFSTEIN CLERK & RECORDER WELD CO,1/004 • DEED IN LIEU OF FORECLOSURE/DEBTORS' QUITCLAIM DEED (CORRECTION DEED*) KNOW ALL PERSONS BY THESE PRESENTS: THAT the undersigned, Leland Wayne Carlson, a/k/a Leland W. Carlson, and Betty Joan Carlson , a/k/a Betty J . Carlson (hereafter "Grantors", whether one or more) , claim an interest in, and legal title to certain real property, described In Exhibit "A" attached hereto and incorporated by reference, which is secured to Farm Credit Bank of Wichita f/k/a The Federal Land Bank of Wichita ( hereinafter "FLB" or "Grantee") under that certain First Farm and Ranch Mortgage dated February 4 , 1980, and recorded April 2, 1980, in Book 899 at Reception No. 1821230, securing Loan No. 790309 9-0-565 0 in the records of Weld County, Colorado, securing certain loans by FLB to Grantors ; and WHEREAS, the Grantors filed a Petition for relief under Chapter 12 of the Bankruptcy Code on February 10, 1988 , under Case No. 88 B 01605 A of the United States District Court for the District of Colorado in Bankruptcy; and WHEREAS, Grantors have reviewed the claims secured by the property set forth below; believe there is no equity in the property in excess of the claims secured thereby, including the lien of FLB; and Grantee has requested confirmation of Grantors ' abandonment and surrender of the property; and WHEREAS, pursuant to a Second Amended Plan of Reorganization ( "Plan of Reorganization" or "Plan") approved by the Bankruptcy Court on September 12, 1988, Grantors acknowledged their secured by the foregoing Mortgage securing the FLU loan; and WHEREAS, the Plan of Reorganization has been duly approved by, and made an Order of the Bankruptcy Court pursuant to the provisions of the Bankruptcy Code after notice and opportunity for hearing to all creditors, for the purpose of setting up and establishing certain rights, duties and responsibilities of the parties as more particularly set forth therein; and WHEREAS, Grantors desire and have agreed to perform pursuant to the Plan of Reorganization as made an Order of the Bankruptcy Court , including those provisions which will call for Debtors ' delivery of this Deed out of escrow in th.. event of any default under the terms of the Note, Mortgage or Flan of Reorganization, waiving any end all further right , title, claim or interest in the property set forth below. *This correction deed is filed solely to correct the names of the Grantors, SKID I,G SK1, 104?4 WI. 21/GODS-]. 9139 . 001 B 1229 REC 02176008 04/10/89 16: 10 $12.00 2/004 F 0645 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO NOW, THEREFORE, for good and valuable consideration , Grantors hereby acknowledge FLB Loan #790809 9-0-565 0 is in default ; is secured by the real property described below; disclaim all further right , title and interest in and to the property conveyed hereunder , including but not limited to any rights of homestead, leaseback, repurchase, redemption, or continued possession, and do hereby grant , convey, transfer and assign to FARM CREDIT BANK OF WICHITA f/k/a THE FEDERAL LAND BANK OF WICHITA, a corporation, whose address is 245 North Waco, P. O. Box 2940, Wichita, Kansas 67201-2940, its successors and assigns, all of Grantors ' right , title and interest , including by way of description, and not limitation, rights in reversion or abandonment under the Bankruptcy Code, Title ii U.S.C. , rights of first refusal , repurchase, leaseback, restructure, cure, continued possession oc redemption in and to all or any part of the following described property located in Weld County, Colorado, to-wit : The NW1/4 of Section 10 , Township 6 North, of Range 66 West of the 6th P.M. , Weld County, Colorado. Together with 4 shares of the capital stock of The Larimer and weld Irrigation Company; 4 shares of the capital stock of Windsor Reservoir and Canal Company; 5 shares of the capital stock of Lucas Lateral Company, and together with 23 Units from the waters of the Northern Colorado Water Conservancy District . Notwithstanding anything set forth herein, Crantors are not waiving any rights they may have of first refusal to leaseback or repurchase the property under the Agricultural Credit Act of 1987. TO HAVE AND TO HOLD THE SAME, together with all growing crops , water, water rights, fixtures , equipment and appurtenances, and rights used and obtained or pertaining thereto, as set forth and contained in that certain Mortgage as set forth above In the records of Weld County, Colorado, fr?e and clear of any and all further right , title, interest or claim of Grantors and free and clear of all liens or encumbrances . This Deed in Lieu of Foreclosure shall be dated and deemed effective as of the date of execution, notwithstanding its delivery to an escrow agent to hold for release in the event of a default by Grantors under the terms and provisions of the Plan of Reorganization. Grantors acknowledge that this Deed has been tendered after full disclosure of the waivers contained herein and consultation with and upon the advice of Grantors ' counsel , and has been freely and voluntarily given. Debtors acknowledge and agree their default under the original loan documents shall , for the purposes of this Deed, be deemed to be -2- ,;K IA) LG -KI,10.12'1 WE 21/6008- 1989 . 00:? B 1229 REC 02176008 04/10/89 16 :10 $12.00 3/004 F 0646 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO a continuing default in light of their waiver , quitclaim and assignment of all further rights in the property, including any rights of redemption, first refusal , leaseback, and restructure, as set forth above. Grantors acknowledge that Grantee's acceptance and recordation of this conveyance shall not be deemed a merger or waiver of Grantee' s rights as a mortgagee or beneficiary under any Mortgage, Deed of Trust or other security instrument secured by the property; but is made solely for the purposes of providing a Deed in Lieu of Foreclosure to clear title, transfer possession and avoid, to the extent possible, additional costs, expenses and delays of judicial or public trustee foreclosure of the Grantee 's rights under the above-described Mortgage. Further, Grantee's acceptance of this conveyance shall not be deemed or construed a merger or waiver of Grantee's right or claims under the loan secured by the foregoing property to commence or continue foreclosure or any other proceeding to collect the full amounts due under Grantee ' s loan from the property or any other parties that may be liable thereon in the event Grantee deems or feels it necessary for any reason to continue such proceedings to clear title to the property or seek a deficiency claim therein. By their execution of this Agreement , the Grantors hereby acknowledge, stipulate and agree to the voluntary waiver of any rights of redemption , leaseback, restructure under State of Federal law, and any rights as a qualified farm owner-tenant witn informed consent . As a part of this conveyance, effective as of the date hereof, Grantors have specifically waived any rights they have have or claim as a qualified farm-owner/tenant under the provisions of S 13-40-125, inmcluding any further rights to leaseback, right of first refusal , or going-away crops, and any and all rights under S 13-40-104( 2 ) , S 13-40-124 , S 13-40-125 , or S 13-40-126, C.R.S. , as amended. Further, Grantors specifically waive any rights of restructure under the Agricultural Credit Act of 1987. For Notices under S 13-40-125, C.R.S. , as amended by S.B. 123, the parties agree their addresses for Notice purposes shall be: Leland Wayne Carlson The Federal Land Bank of Wichita 15274 W.C.R. 72 c/o Farm Credit Services Greeley, Colorado 80631 127 22nd Street Greeley, Colorado 80631 Betty Joan Carlson 15274 W.C.R. 72 Greeley, Colorao 8063I or such other address as the parties may provide one another from and after the effective date of this Deed, in writing. Grantors hereby acknowledge THEY HAVE THE RIGHT TO REVOKE THE FOREGOING WAIVER UPON WRITTEN NOTICE SERVED UPON AND RECEIVED BY GRANTEE WITHIN THREE (3 ) BUSINESS DAYS AFTER EXECUTION HEREOF. —3— (A-Kid) I,G SKI,I0424 WV 2176008- I 9F39 . 003 B 1229 REC 02176008 04/10/89 16:10 $12.00 4/004 F 0647 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO DATED this (ijp', day of I989 . GG land W yne arlson, a k a Leland W. Carlson, Grantor l/ ar son, a k a Betty J. Carlson, Grantor STATE OF COLORADO ) ) ss . COUNTY OF LARIMER) SUBSCRIBED AND SWORN TO before me this day of r./age-6' 1989 by Leland Wayne Carlson, a/k/a Leland W. Carlson, and betty Joan Carlson, a/k/a Betty J. Carlson. WITNESS my hand and seal . '�';•.......... ` Notary Public / /f•'•I�y�'Co ss;int expires 014 s • c, jeker ea' `J .q/ RWF:05148012 890329ja11789 -4- SKID LC SKL,70424 WM 2_ 1 /600H-'1989 . 004 S 1240 REC 02187351 08/04/89 16:26 $15.00 1/003 F 0016 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO AR2187351 B::e Docurmmntzry Fee CORPURATInN SPECIAL WARRANTY DEED L , s� � CIS Earn Credit Sank of Wichita f k .r The Federal Land Bank of Wichita THIS INDENTI.RF , made this 4th day of August , 1989, between FARM CREDIT RANK OF WICHITA F RiA THE FEDERAL LAND BANK OF WICHITA, Niehtt.a Kansas , ..a corporation, party of the first part , and LESTER 1::. HARDESTY and SHERRILL R . HARDESTY, as Joint Tenants, whose address is 34630 W.C.R. 19; Windsor, CO 80550 parties of the second part . WITNFSSF:TH: That the said party of the first part , fot and in consideration of the sun of $255 , 000. 00 (Twohundred iiftyfive DF Thousand and no ' L00 ' s) DOLLARS, $25.50 andother valuable e•onsiderat ,ion to it in hand paid by the said parties of the s' e 'nd part, the receipt of which is hereby confessed and acknowledged, has granted, bargained , sold and conveyed , and by these presents does grant , bargain, sell and .unvey unto the' said parties of the second part , their heirs , successors and assigns , forever, its title and interest in the following described real estate situated in the County of Weld and state of Colorado, to wit : The Northwest 1 4 of Section 10, Township 6 Ncrth, Range 66 West f the 6th P.M. T(1tiETHFH WITH : Four Shares of the Capital Stock of Larinter & Weld I r:- : ;.,t i--u company; Four Shares of the Capital ital Stock of Windsor Reservoir and Canal Company ; Five Shares of the Capital Stork of Li: -.,s Lat . rd ! Ditch company; and together with 23 Units of the waters of Northern Colorado Water Conservancy District , TOOETHEP WITH: tU“- Nr,rth Weld County Water Distrt.-t water tar,. 1,6 reserved by it ,ArdM( The Seller hereby reserves any minerals n mineral rights d+?.4444-rte 1.rir,r to JanuaryJanuary 2t, 1986. The Seller hereby conveys to the ,e4.00/pq aforesaid parties of the serrnd part all minerals & mineral rights • /}l nw owned which were acquired after January 23, 1986. ' C SUBJECT TO: Easements , rights of ways, restrictions, reservations, mineral interests or mineral leases, and any building or zoning restrictions or regulations , and discrepancies an accurate survey would reveal . SKE,D is SKL10424 WV.. 2TH73S1-1989 - 001 r . B 1240 REC 02187351 08/04/89 16:26 $15.00 2/003 F 0017 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO TO HAVE AND HOLD The same, together with all and singular the title and interest of the party of the first part in and to the r narvnts , hereditament.s and appurtenances thereunto belonging, or In any wise appertaining, forever. And the said party of the first. part h.-r •hy covenants and agrees that at the delivery hereof it is the lawful owner of the interest hereby conveyed in the above described f,renises; and that it will WARRANT AND DEFEND the same unto the partiesof the second part, their heirs, successors, and assigns, and all and every person or persons whomsoever lawfully claiming through, by or under it, them, or either of them. ESCROW\DEED.FLB f;Kho L(; ;;KI, VIV .? IIf / ; - I `+NG . D07 351 89 6 $15.00 F 0018 MARY OANN 7FEUERSTEIN,CLERK 6S2 O RECORDER WELD CO, CO IN WITNESS WHEREOF , The said party of the first part has caused these presents to be signed by its vice president , and its corpnr;jte• seal to be affixed hereto, and attested by its Secretary, by and with the consena. and authority of its Board of Directors, on the date and ye•�,M4u ujytP {o bove written. $44, ... "vttOF4ir. .\T'r'rs'1': � ,�j• "''"'' Ninth District Federal Land Bank E¢+f s . •; Association, a Corporation as ' � �`-"" Attorney in Fact for Farm Credit. Eitel So: Bank of Wichita f/k/a The y5'•. ' Federal Land Bank of Wichita, l l tP •• / /��y. , v Loa �`1-� Assistant Secretary Vice President ACKNOWLEDGEMENT STATL. OF COLORADO 1 SS. cu NTY nF WELD Before me , the undersi .;ned , a Notary Public in and for said County and state, on this 4th day of August , 1989, personally appeared Thomas E. Rainbolt to me personally known and known to me to be the identical persor who subscribed the name of Ninth District Federal Land bank Association , a Corporation as Attorney in Fact for Farm Credit Rank of Wichita f/k/a The Federal Land BanK of Wi..'hit ,j , Wichita , Kansas, a corporation , to the foregoing instrument as its Vine President , and he being known by me duly sworn did say that he is such officer and that the seal affixed to said instrument : s the corporate seal of said corporation and that the same was signed and sealed in behalf of said corporation by juti :rity of its board of directors, and he acknowledged to me that he t•xt•. ntrd thi• sone as his free and voluntary act and deed, aid as th.• free and voluntary act and deed of such corporation , for the uses and purposes set forth and specified therein . WITNESS my hand and seal the day and year last above written. Notary Fcb1 is ------_--- My,,.Gommission expires : Feb. 26, 1991 • .. "HSPROW)£$FED.FLR SK I,U LG SK I,1 012'1 Wbl 7l 87357 —1 989 . 003 mS 2 6 ( 5 �L2° :.4 °i K O S C _ ¢JO i -,. - S .6..,8,' 4 2 `� ¢ .'5 U `� D W G $ x <O N b S l'” `( Q a ° b u d w S u _ _ 3 g ₹ b 3o '21E8 % 4 a) an d a "o a ',6_,.' o N 4 3 r R g a g A o S, u g gg'4 3: oW W - b 8 N I H ' " q o8 .. 612 ,gg"k6 V" V— CC I 4u S N g. 88 ti el pr .wc " ji ii N 2 g "'" jO5- g : j 6. gigN 8 i 8`. j" ? § g 8g u�a a , a s a !I !J! "P@8m 8 - 8 .. b Ss„0 5 �' -FL " '98 9 a d - - - S ₹ b g Y - .4 -- s :,)a s W o F of o ,- $ - a s>;gggggg § s �yy _ X2 °' ', ! a a 8-.H a I�� < i 5� a z o o Va `r, g :g 3 0 ₹ ' z �r €€ L,€& .°,S ? of W fi & & Ya ".(5 '2,6 . `�`; r ijjgg jig, a 4 �3 ¢~o n fah � �A z• <C y `� M WVia.' §? . W CZ) Its���� Y� et 8 : U7 _. _� � 8 bf,A0 a1 � u 0 " `. ' a 3So2s oDO°y, O - a H a 8 111 2 d_ 0 a, a ; F I I 9sasaz _t ' a L-." 3 s o w s; a'ti oil a,, w :-NrsS IIILi) 22" sip, I dNID I I w. vo s \ S s 1I. .7 rc �� V o g as p o 2tim l y'o�fk� '� ?� s2I I +I ° a erne t p 1) 6 . N I r" I ,, a - „.[,O] �..-. :�,o �� S R a) J z 117 ;. '' t1-2N O .. ,tl el say '' c o CV c ti'N \ z m a G -, FSpa �CR O La ,c.,4?-Z, ": 5ju Ada � I ad " rr;. r II tl e 4— —I —__- — J...__.-_ 01 it C s ,, �0.b0J MIN'?" ls"�M ) ��gM r — __. t, fn (r .4, 'J? Z Recorded at o'clock M., 1 111111 11111111111 1111111111 11111 111111 III 11111 It VIII Reception No. Reorder WARRANTY DEED 2733678 11/19/1999 01:02P JA Suki Tsukamoto 1 of 2 R 10.00 D 0.00 Weld County CO g DEED FOR TITLE PURPOSES ONLY, 11VV NO DOCUMENTARY FEE REQUIRED. THIS DEED,made this 21st day of June 1999,between Lester E. Hardesty and Sherrill R. Hardesty, of the County of Weld State of Colorado,Grantors,and Lester E. Hardesty and Sherrill R. Hardesty, Trustees or their successors in trust,of the LESTER HARDESTY LIVING TRUST, dated June 18, 1999, Grantee. whose legal address is 34600 County Road 31,Greeley, of the County of Weld and State of Colorado: WITNESSETH, That the grantors, for and in consideration of the sum of ten dollars and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, under the grantee, its heirs and assigns forever, all the real property,together with improvements, if any,situate, lying and being in the County of Weld and State of Colorado,described as follows: NW 'A of Section 10, Township 6 N, Range 66 West of the 6'h P.M., Lot B Recorded Exemption Number 0805-10.2 RE 2298, County of Weld, State of Colorado Property Address: f 274 West County Road 72,Greeley,CO 80631 assessor's schedule or parcel number: TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining,and the reversion and reversions,remainder and remainders,rents,issues,and profits thereof,and all the estate, right, interest, claim and demand whatsoever of the grantors, either in law or equity, of, in and to the above bargained premises,with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances unto the grantee,its heirs and assigns forever. And the grantors,for themselves,their heirs and personal representatives, do covenant, grant bargain,and agree to and with the grantee, its heirs and assigns, that at the time of the ensealing and delivery of these presents are well seized of the premises above conveyed, have good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have good right, full power and lawful authority to grant,bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens,taxes,assessments,encumbrances and restrictions of whatever kind or nature whatsoever,except The grantors shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, its heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF,The grantors have executed this deed on the date first written above. _�<Jj Alm SKID LC; SK1,:I0124 Wl' 2 /.I36 /E3-19139 . 001 ' •Srg�pnutN....nut0i�in, • �a�o� .... ,. , ' �OTAR? ' S STATE OF COLORADO ss. cxyy,,i a•_ COUNTY OF WELD ) \ 'UBtAw •p:g n n d;�• .Pp�Qv J K Io-CEW.L.., 7ZC'•F...• �Q, O I, ,a Notary Public in and for the State o p1nereby certify that Lester @. Hardesty, and Sherrill R. Hardesty, who are personally known to the to be the persons whose names subscribed to the foregoing Deed,appeared before me this day in person and freely and voluntarily executed this deed for the uses and purposes set forth. Given under my hand and official seal, this"y) day of �.)l.tnaR— , 1999. My commission expires: $—f6.?frelp otary Public 1111111 111 111111 11111 11111 1111 III 1111111111111 2733678 11/19/1999 01:02P JA Suki Tsukamoto 2 of 2 R 10.00 D 0.00 Weld County CO ;I:I!D OO SKL7 0424 WIC 2733670-1 999 . 002 1111111 11111 111 IIII Ilillll 11111 IIii) III 1111111111111 3578550 09/16/2008 04:59P Weld County, CO 1 of 1 R 6.00 D 0.00 Steve Moreno Clerk& Recorder 550 QUIT CLAIM DEED 15 THIS DEED is made this day of -S,Q .ep/iv , 2008, between Lester E. Hardesty and Sherrill R. Hardesty, Trustees of the LESTER HARDESTY LIVING TRUST, dated June 18, 1999, grantors, and Lester E. Ilardesty and Sherrill R. Hardesty, whose legal address is 34600 CR 31, Greeley, of the County of Weld and State of Colorado, grantees in joint tenancy with right of survivorship. WITNESS, that the grantors, for good and valuable consideration, hereby remise, release, sell and QUITCLAIM to the grantees. their heirs, successors and assigns forever, all the right, title, interest, claim and demand which the grantors have in and to the real property, together with g improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: NW 'A of Section 10, Township 6 N, Range 66 West of the Oh P.M., Lot B Recorded Exemption Number 0805-10.2 R F 2298, County of Weld, State of Colorado, with a street address of: 15274 West County Road 72, Greeley, CO 80631. TO HAVE AND TO HOLD the same, together with all the appurtenances and privileges pertaining thereto, and all the estate, right, title, interest and claim whatsoever of the grantors, either in law or equity, to the use and benefit of the grantees, their heirs and assigns forever. r ro IN WITNESS WHE EOF,the grantors have executed this Quitclaim Deed on the date set y forth above. 6 Lester E. Hardesty, T e of the Sherrill R. Hardesty, Trustee of the c LESTER HARDESTY LIVING TRUST, LESTER HARDESTY LIVING TRUST._ dated June 18, 1999. dated June 18, 1999. O STATE OF COLORADO ) 0 ) ss. t O COUNTY OF WELD ) o The foregoing instrument was acknowledged before me this /C day of pi- 2008, by Lester E. Hardesty and Sherrill R. Hardesty, Trustees. r.Qy :k.4,yti'is r.,OTAR y�r Notary Pub]i :E; .•P1JBL�G;Q; My commission expires: (O_ c.)O ,Zo t I rEP r c. .III% CO-�PP; sKI,D l,r) SK1,1047Q WI.: 3578050-so0H . OOI • 3858986 Pages: 1 of 4 . 07/12/2012 09:15 PM R Fee:$26.00 0 Fee:$550.00 Steve Moreno Clerk and Recorder, Weld County. CO II Ill O SPECIAL WARRANTY DEED THIS DEED, made this 29th day of June, 2012, between LESTER E. HARDESTY and SHERRILL R. HARDESTY, of the County of Weld, State of Colorado ("Grantors") , and LONG MEADOW FARM LLC, a Colorado limited liability company, the mailing address of which, for purposes of this Deed, is 5525 Trail Point, Fort Collins, Colorado 80524, of the County of Larimer, State of Colorado ("Grantee") . WITNESSETH: That Grantors, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, have granted, bargained, sold, and conveyed, and by these presents do hereby grant, bargain, sell, convey, and confirm unto Grantee, its successors and assigns, forever, all the real property, together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado, which is legally described as follows (the "Property") : As set forth on Exhibit "A" attached hereto and incorporated herein by reference. (Street Addresses: 34600 WCR 31 and 15274, 15278 and 15280 WCR 72, Greeley, Colorado) TOGETHER WITH all and singular the hereditaments and appurtenances thereunto belonging, or i2) anywise appertaining, and reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and all the estate, title, interest, claim, and demand whatsoever of Grantors, either in law or equity, of, in, and to the Property, with the hereditaments and appurtenances. RESERVATION OF MINERALS. Grantors expressly except and reserve unto themselves, and their heirs, personal representatives, and assigns, forever, all (i.e., one hundred percent [100%) ) oil, gas, coal, uranium, and other minerals and mineral rights which are owned by Grantors and which are located in, on, or under the surface of the Property. TO HAVE AND TO HOLD the Property above bargained and described, with the appurtenances unto Grantee, its successors and assigns, forever. Grantors, for themselves and their heirs, personal representatives, and assigns, do covenant and agree that they shall and will warrant and forever defend the Property in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through, or under Grantors, EXCEPT AND SUBJECT TO those matters which are set forth on Exhibit "B" attached hereto and incorporated herein by reference. IN WITNESS WHEREOF, Grantors have executed this pecial Warranty need on the date set forth above. E LESTER E. HARD /�J SHERRILL R. H DESTY °� iC 25(o�P (ale /Pief(,(Rn to : Oki/cadoYam, Uta a5z5 7 pi,L Poini- FoRt CD i l i n s, Co 8052 HF4(1 0/25/12) 13K,U LC 251,10424 KWIC if3 i[3/Ik86-2012 . 081 3858486 Pages: 2 of 4 07/12/2012 09:15 AM R Fee:$26.00 0 Fee:5550.00 Steve mreno clerk any Recorder, Weld County. CO ■III hiY�PYnN�h'I� le,rN4 WdNIKIONINtd■I III STATE OF COLORADO as. COUNTY OF LARIMER The foregoing instrument was acknowledged before me this 29th day of June, 2012, by LESTER E. HARDESTY and SHERRILL R. HARDESTY. WITNESS my hand and official seal. My commission expires: ' l'9 Notary Public DO(VfJf.nn!'a 14 S1O'g.1',Y E4.0 (HFcc 1/21/121 SKID LG SKI 10/124 WP: 1i f-t e! /o1 ; . 002 007/12/ 01 a 09 Pages: R Fede-8 6e 0e Launiv Sp50,00 VIII FYr�IIN+tW+ ft' like4 i 't r IWinixNI4 t III EXHIBIT "A" ATTACHED TO AND MADE A PART OF THE SPECIAL WARRANTY DEED BETWEEN LESTER E. HARDESTY AND SHERRILL R. HARDESTY ("GRANTORS") AND LONG MEADOW FARM LLC ("GRANTEE") LEGAL DESCRIPTION OF THE PROPERTY Lots A and B, Recorded Exemption No. 0805-10-2 RE 2296, recorded September 29, 1998, at Reception No. 2643353, located in the NW1/4 of Section 10, Township 6 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. (Street Addresses: 34600 WCR 31 and 15274, 15278 and 15260 WCR 72, Greeley, Colorado) TOGETHER WITH all rights, title, and interest of Grantors in and to all water and water rights, reservoirs and reservoir rights, and wells and well rights which are appurtenant to the Property, including ten (10) units of Colorado-Big Thompson Project water, two (2) shares of the capital stock of The Windsor Reservoir and Canal Company, one (1) share of the capital stock of The Larimer and Weld Irrigation Company, two (2) shares of the capital stock of The Lucas Lateral Ditch Company, and three (3) water taps in the North Weld County Water District. I}IF&G 6/20/12] - 3 - SK 1.1) LC; SKI.10474 WE 3850406-201? . 003 of 4 .085848012 Pages: 4 09:15 AM R Fee'.E 6.00 0 Fse: 550.00 Steve Moreno Clerk Recorder, Weld County t0 VIIIiPYnih'I IFIRI LIe#i hiCdtildi ti II III EXHIBIT "B" ATTACHED TO AND MADE A PART OF THE SPECIAL WARRANTY DEED BETWEEN LESTER E. HARDESTY AND SHERRILL R. HARDESTY ("GRANTORS') AND LONG MEADOW FARM LLC ("GRANTEE") TITLE EXCEPTIONS 1. Taxes and assessments for the year 2012 and subsequent years. 2. Right of way for County Roads 30 feet on either side of Section and Township lines, as established by the Board of County Commissioners for Weld County recorded October 14, 1689, in Book 86 at Page 273. 3. Existing leases and tenancies, if any. 4. Right of proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises as reserved in United States Patent recorded January 14, 1903, in Book 132 at Page 53. 5. Undivided 1/2 interest in and to all oil, gas and other minerals as reserved in Deed recorded March 30, 1971, under Reception No. 1564809 and any and all assignments thereof or interests therein. 6. Oil and Gas Lease recorded March 9, 1981, under Reception No. 1851707 in Book 930 and any and all assignments thereof or interests therein. 7. Oil and Gas Lease recorded April 2, 1981, under Reception No. 1854014 in Book 932 and any and all assignments thereof or interests therein. NOTE: Extension of the above Lease as claimed by Affidavit of Production was recorded August 15, 1986, under Reception No. 2065202 in Book 1124 and recorded August 15, 1986, at Reception No. 2065203 in Book 1124. 8. All oil, gas, minerals and other mineral rights as reserved in instrument recorded August 4, 1989, under Reception No. 2187351, and any and all assignments thereof or interests therein. 9. Right of way easement as granted to Associated Natural Gas Inc. in instrument recorded May 9, 1995, under Reception No. 2437502. 10. Terms, conditions and provisions of Agreement recorded December 22, 1995, at Reception No. 2468838. 11. Terms, conditions and provisions of Site Plan recorded December 1, 1999, at Reception No. 2735736. 12. Easements, conditions, covenants, restrictions, reservations and notes on the Plat recorded September 29, 1998, at Reception No. 2643353. 13. Any loss or damage arising from matters shown on ALTA/ACSM Land Title Survey dated April 17, 2012, Job #12009-ALTA, by Hammer Land Surveying, Inc., including but not limited to: A. Overhead electric lines and electric panels. B. Gas well, gas separator, tank battery. C. Easterly access road lies on adjacent property. (RFFC, 6/2e/1n SKLD LF; SKL10/124 WV 3 HS8486—?01 '7 . 004 CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD Land Title Order No.: Hardesty The Land Title Guarantee Company(TITLE INSURANCE or ABSTRACT COMPANY)hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. Legal Description: Lot C, Recorded Exemption No. 0805-03-3-RE-3211, according to the map recorded December 4, 2001 at Reception No. 2905715, being a portion of Section 3, Township 6 North, Range 66 West of the 6t' P.M., County of Weld, State of Colorado j CONVEYANCES (if none appear, so state): Reception No, 1453424, Book 531 Reception No. 1631534, Book 710 Reception No. 2643534 Reception No. 3940472 Reception No. 2905715 Reception No. 2908079 This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title, nor an opinion of Title, nor a guarantee of Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 21st day of January, 2014 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPANY By: C� , \ lW�` eidi Crue Title Examiner ti 1? � 'L• L 'r rki'^ T �[� �� A�� + [ :POLY { • rA# � ylF +ti K 4 ON 4 tack 53140a 6 1955 iat No 14532�L�`1�.._.��.. . _. WARRANTY DEED THIS DEED, Made this 4th day of January, In the year of our Lord one thousand nine hundred and sixty-five between MIRIAM P. WEST end VIOLA WEST CALHOUN of the County of Weld and State of Colorado, of the first part, and ,, ELMER E. WEST and EUNICE M. WEST of the County of Weld and State of Colorado. of II the second part: WITNESSETII: That the said parties of the first pan, for and in consideration of the sum of other valuable considerations and Ton and No/100 Dollars, to the said parties of the first part in hand paid by the said parties of the second part, the receipt whereof 1s hereby confessed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell convey and confirm unto the said parties of the second part, to pass not in tenancy in common but in joint tenancy, the survivor of them, their assigns and the heirs and assigns of such survivor forever, all the following described lot or parcel of land, situate, lying and being in the County of Weld and State of Colorado, to-wit: An undivided one-half interest in and to a tract of land, containing 247.91 acres, more or less, situated in the My and the SE14 of Section 3, Township 6 North of Range 66 West of the 6th P. I1., described as *Brf ,;j follows: beginning at the southwest corner of Section 3, Township 6 �_n, North of Range 66 West; thence in a northerly direction, 2532 feet + ,' along the west section line of said Section to an iron fi' pipe located on said section line and on the north bank of dividing lateral; thence ,,.,.L.11144, : along the north bank of said dividing lateral on the following courses: 4,i,,,,, ,;.•/ North 89° 3S' East, 1644 feet; thence South 530 10' East, 226 feet; • ,nnTun thence South 770 30' East, 177 feet; thence North 500 20' East, 730 sU 1 0i feet; thence North 600 S0' East, 68 feet to an iron pipe located on the north bank of said dividing lateral, and on the north and south w ,wavrwr half section line of said section; thence in a southerly direction, • '1kk�,. 230 feet along said north and south half section lino to an iron pipe i J located on said north and south half section line at the center of ,k 4 ° said section; thence in an easterly direction, 428 feet along the east r 1 , and west half section line of said section to a pipe located on said east 4, ,¼"-m' +% and west half section line and on the east hank of dividing lateral; `+ ',44=2,2';,`,KJ thence along said east bank on the following courses: South 530 25' 10 ,.1111 East, 122 feet; thence South 700 40' East, 90 feet; thence South 890 45' Last, 250 feet; thence South 560 35' East 157 feet; thence South ' • 30° 35' East, 180 feet; thence South 10 35' West, 410 feet to a point 'owarsni: on the west bank of Lucas ditch; thence along the west bank of Lucas Ditch on the following courses' South 270 40' Past, 210 feet; thence wl South 290 05' Last, 238 feet; thence South 410 13' Fast, 165 feet; F s 1 thence North R90 05' fast, 225 fret; thence South 7110 45' Last, 424 feet; thence South 480 DS' East, 390 feet; thence South 000 29' East, • rA" '4 325 feet; thence South 160 2D' East, 470 feet; thence South 250 38' East, o 133 feet to the south section line of said'Section; thence in a westerly ;¢ ;r;";L; direction, 49.30 feet, more or less, along said South settle,. line to the point of beginning, together with 5 shares of the capital stock of Larleer and Weld Irrigation Company, 4 shares of the capital stock of Windsor Reservoir and Canal Company and 4 shares of the capital stock of Lucas Lateral Ditch Company and together with [Au acre feet of water QJ ige SKLD LG SKL1O424 WE 1453242-1965 . 001 r l / r r.. ``lk'y+ .. .: 11 Tr rfi T''0iiti.)r i e; r � thl$ti � tie' l�'t Y , '"i,,ri ,�,�i. rtr`i-the�u t .a;,t 7'� � r "'r �i4drvi� y�)i i t r 4t'� t ' h �k£° 5 l 1 • Y IrR%Fv r r7_r a4�1 -hr .d yr 1`, yl `f$" >"v.A'., xyi.r viTt 531 1453242 a-�-- ..t from the works of the Northern Colorado Water Conserving District. TOCEDER with all and singular the hereditaments and appurtenances [hereunto belonging, or in any wise appertaining, and the reversion and reversions, rtaminder and remainders, rents, issues and profits thereof; and all the estate, right, title, Interest, claim and deaand whatsoever of the said parties of the first part, either in law or equity, of, in and to the above bargained premises, the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, !' with appurtenances, unto the said parties of the second port, the survivor of then, their assigns, and the heirs and assigns of such survivor forever. And the said parties of the first part, for themselves, their heirs, executors, and ad- ministraton, do covenant, grant, bargain and agree to and with the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, that at the tire of the ensealing and delivering of these presents, they are well seized of the premises above conveyed, as of good, sum, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have good right, full power and lawful authority to grant, bargain, sell and con- vey, the same in manner and form aforesaid, and that the sane are free and clear - ' • from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature leaver: subject to all legal highways, rights of way for ditches, if any, reservations in the United States Patent and the 1965 tax assessment payable in 1966, and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the sur- vivor of thee, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the. whole or any part thereof, the said parties of the first part shall and will WARRANT AND FOREVER DE • - FEND. IN WITNESS WHEREOF, the said parties of the first part have hereunto set our hands and seals the day and year first above written.• J 1. 1.1 STATE OF COLORADO ) ss COUNTY Of WELD ) The foregoing lnstrusent was acknowledged before me this 4th day of / SKI.D T,G SKL10424 WE 1453242-1965 . 002 1 J I .....� ` + li ~ )7 kr�i" JhfT1�'' fl J r • •11 ---.. w' Y f R S 5 NL lir 1}rT 4 , > s,} ?i3 w'Yk'�'�r.:1,- Il \a :..' •I . .�,J -�,-,..ii71.I "'•••• � �.,. d 3 . l J. .. • • '. 531 1453242 SS wee • Jaausry, 1965, by Rlriaa P. West and Viola Neat Calhoun, -�"' Witness q hand and official seal. O on...., M/ commission aspires Decetor 4, 1968. y1 �bOT�i?1'lrl 91,,„otiar. r� l r. s + • • • • .i_ SKLD LG SKL10424 WE 1453242-1965 . 003 • Lts� �j J ---•', •+ ,Aaeodad Rf'� at3 o'clo�kP.IIL. a � �I�is4 C : •.aril! Reception No, Recorder. ' WARRS1NTT DEED .. TREE DEED,wen t do 6th day.ot ldatvh,1974,bitumen ELMER E. WEST and I EUNICE ht. WTJT,of the County'df Wild ad S'btt'of Colondo,of.the first pert,ad EDWARD ICRNDSR ad 7M1�3D.SPINES? as nowt" lb do common, of .County of Weld,and • ,y Stab of Colorado, .o lcf the. potttl, 87TNESSET8, that tpt••tld pat¢.of th.flnt past, for aid in consideration • I, pf the aura of Ton Dollars,.to thaeldprtle.ofKes first part 16 bind paid by eha said part.s t' of thee wooed d part,We nolptsdaesof is he.by aonfenad and aidtnosldged,have granted, • it:t- bargained,sold sad coaayd,and by those pr.nnb do pant,bargain,soil,convey and confirm n 'ur unto the•.ald'patne of the sReo S pert, their heirs and ass ,forams, all the following s' I n. dwodb•d pawl of land;situate,ly Q and bong.the Cow try of Well aid Stab of Colorado, M ,, to.dt: q A knot of.n7.hooted in the Nest Ralf(Ws)and the . .(�t,. Southeast goatee Kitt)of Section Thera(I), Twnhip '. Kt(6)Netly Range?nitrate(66), Wet of the 6th P.fl, Wald County,Caia4o,described on fallows; S.gimdn(at W.So101 set Cocoa of atlon 3, Tow ship 6 Rath, Raga 66, West;them in a.Northerly dlnctlay 3,531 Nat along the West section lira of adS Wasson torn ' iron tip.slocated on saltSection Wr ad en the North bah' of divld.p Ltesal,thence slow,the Rooth hid of,Re,id:... dividing lateral on the following cehtn•,: North 19•Js East,1,644 fenq sirloin South 63.10'Past no'feet; w� , Krtw SaoN 77•3W Plat 177.:10•5; fide ,n , tha,o.North so•a0 Eaat:730 felt s ,�;o . nonce North 6o'60„Y.et,6SAsst taateon pipe bound oo. .il the North Win ef Reid dividing Bahl,lad:tn the North ad '' South Self.dual Ins of eald a o'tlon .. them in a So, hrely dasotfnn 330 fast along said North and South Ralf.section dine toss Iron pip legated on said North eat Sooh'Nslfpsotpn dies attha•nbr of said notion; thane.ananny Nnatbn,47e,f.et -the East• Neat Aalf,ejwttpn,ibe oe e.id'S.ofon too`p d heated on.aid - East ad.Wet Halt nation Has ad'n the East honk of d viding ' jrbrasi,tires als,f add 21st W,&oar the following roe..., Stuai IJ•30'East 136 1st, . sheen Swan 711•401 Ent.90 deg thews SwthS9.69'Eat,350 net; . E. than.Snell.6d•ss'Eart.1S7•f«q • thm.6wW ao S&East,loo Sag 5650 45,541151, 1!33'Wet,410 Silt to a point on the Wosp Kink of Issas Ditohj U.S.slog the:Wet beak:of lane Dinh on the ,p • folladg caursisl - ' OosM J7. q thaw•Soh p"t$ 15,, thence Neth61116 E tE13 t, a } Dr thewsNet 70'45 sat'ass q ' G 1?( • thawthaws Eniitti Y'bus EEnt�.390:efeet /i 14. thew•9a.th 0b'g9.Ent,.KS teen .. ttewa'S•uth'16r3p1 Eat,470.feet, Kowa Styth.25'a67'Ent, 133 Set to the south section um of -said eebtloia:: `. tins..l,Wasterly&nation,6,930 Post,true ar Ewa,Wag., add!Kith notion Nam tone paint et animire nattier 00 An of NCWCD. 5 shores lariba aityKogrlgatl.nCo,'Iahaoi Wink*Raaar9 asand„GnI Co.t ., sal d 1waa.7ateral Dltd.F?I!Mtq ' A SKLD LG SKL10424 WE 1631534-1974 . 001 • t • and the heir. • pg;g} N of..a EXCEPTING however unto the Gunton, the.orst in of them, and wiper of such selves forever,an Undivided one-half interest in and to all dl,pea awl other mlnvW,in, on, under and along said property. RESERVING also unto Grantors,of the servitor thereof,for a tuns of ten yes from the date hereof, the pas emir ere and ''mummy of the main hose, garage, small storage house, driveways and lawns,Rd im,riedlab.• Numeral;yard area rent Eno. Grantees herein,their hairs and wife shall have the eight' •to owe said driveway,'jointly with the Grate, or the survivor thereof. The eights Mewed . - .halo shall be germinal sadmuch rights cannot be sssigned nor can such possession,we at aeaupemy be Mitt by tie Grantor., or the survivor thereof. In the went that G tame :o< the swtat'thmof, fail to continuously occupy said reserved premises during.the b Grimm, except for temporary Grams, their dghtry terminate and revert absolutely to ri mb their hilts or assign, Grantors, or the survivor thereof,at their expose, shall maintain odd reed h o posy chore in their present y tens condition, ordinary wear and bar or lase by fir.excepted, and shell also.pay all real estate f, .tea ley tares reserved ubble to such reserved sad formnnb. Grantors, or the survivor thereof, shall keep said reserved Improvements Woad for an amount of net is then 41O,000.ad ender a usual form Mind inausama;alloy in the rams of the erne, their heirs or wage,with mortgagee bas payable cause in favor of Elmer E..West id Eustis Pd. West. in the event of destruction of said reserved improvements,Grantees • their Whore rage,shall be obligated to repair m rebuild told rued Improvements only 1 to the rodent of the nwtheum insurance prompt paid. TOGEnTHER with all and singular the hereditemnts and appurtenants"!hereunto belon hag,on in i L e.app.rtddry.and the menial and reversion,remainder and remaider., rants,Seer id profits thereat and all the estate, right,title, interest, cairn and demand whatsoever of-the sail pray ride first part either in l.m or equity,of,in sotto the above bargaed-pramtes„with the Mreditainna sad appurtenance. . + TO RAVE AND TO HOLD the said premise above Myeloid and described,with apperbrence.,unto the said pestle.of the swordparty their WAS end magas forever. And the said porte*of the fins part, for themselves, their hdre,nahautyry and adminaebutaaa. - do covenant,gent,bargain end agree to end with the add parties of the second put,t* t; {s ' and asoigne that at the dm d of the aeealtg aid delivery of these presents..dayerwa ht$afbd,'.t of the paunnies.abase conveyed,as of gad,sae,perfect,abaub arid i ndefesslla a.thb of... inMeltanoe,in law,in fee simple,and here goodnight, full power and'lawfal authority to knee,•.. • • - tiepin, sell ad covey to em in manor and farm aforesaid.ad then the pane are fri ad tier from all former and other Fenn,bargains, sass,liana, taxes,ssses.menta and encumbemes of whatever Wei or nature sower;subject to oil and gee lean and re.trlatice of rood;1974 real property taws which hen en adjer sad ad outlast to reservations lee set forth above'ad the above premises isthe quiet and peaceable possession of the said parties of the saoond ad sirs,their heirs a wigvs,against all end every person or persons lawfully dl*; - orb claim t e whole or any put thereof, the said putiei of the Gist part shall and will• . WARRANT AND FOREVER DEFEND:- IN WITNESO WHEREOF,the said prttee of the first part have hereunto eat their tads and ova the day and year.first ehwawrittea � ` • . tin. 4 Jt ' • ((sElmer E. Wet)t) . • WA•YS i , • . . ) • i . CO �� t d.,(, 4.tsnmene we acknowledged bEme m Hal. S dq of March, 1 r M1 �tuette it Wrap _ pf Uvi v .ad p[Hcial y P,d` 1) Notary Public. . • • • SKLD LG SKL10424 WE 1631.534-1974 . 002 ' 11111111111111111 111111 111111111 111111 11111111 II111111 5 3 ii 2603534 00/29/1900 02:99P Mold County CO Y 1 of 2 R 11.90 D 0.00 JR Sukl Toukanalo PERSONAL REPRESENTATIVE'S DEED THIS DEED is made by EDWARD SCHNORR, as Personal Representative of the Estate of MABLE SCHNORR, a/k/a MABEL SCHNORR, deceased, Grantor, to the MABLE SCHNORR FAMILY TRUST, whose addressis c/o Mr. Edward- Schnorr, Trustee, 15695 WCR 72, Greeley, CO 80631, Grantee. WHEREAS, the above-named decedent in her lifetime made and executed her Last Will and Testament dated March 17, 1994, which Will was duly admitted to infor- mal probate on March 31, 1997, by the District Court in and for the County of Weld, and State of Colorado, Case No. 97 PR 101, Division 1; WHEREAS, Grantor was duly appointed Personal Representative of said Estate on_March 31,. 1997,. and is now qualified and acting in said capacity; and WHEREAS, Grantee is entitled to distribution of the hereinafter described properties, and Grantor is authorized and directed to distribute the same to Grantee; NOW, THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor sells, conveys, assigns, transfers and releases to Grantee the following properties located in the County of Weld, State of Colorado: An undivided one-half interest in and to a parcel of land located in the Northeast Quar- ter (NE1/4) of Section Three (3) , Township Six (6) North, Range Sixty-six (66) West of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: Beginning at the Southwest Corner (SW Cor) of Section Three (3) , Township Six (6) North, Range Sixty-six (66) West; thence North 04027'00" West, 2,532 feet along the West section line of said Section to an iron pipe located on said section line and on the North bank of dividing lateral; thence along the North bank of said dividing lateral on the following courses: North 89035' East, 1,644 feet; thence South 53010' East, 226 feet; thence South 77030' East, 177 feet; thence North 50020' East, 730 feet; thence North 60050' East, 68 feet to an iron pipe located on the North bank of said dividing lateral on the North and South Half Section line of said section; and true point of beginning; thence South 04049'00" East, 240.17 feet; thence North 89034'30" East, 428 feet; thence North 35046'14" West, 73.19 feet; thence North 16027'59" West, 229.97 feet; thence North 31005'59" West, 130.78 feet; thence North 49055'22' West, 76.14 feet; thence South 36039'29" West, 41.62 feet; thence South 47056'04" West, 259.95 feet to the True Point of Beginning; said described parcel of land contains 2.968 Acres, more or less, and is subject to any rights-of-way or other ease- ments as recorded by instruments of record or as now existing on said parcel of land; and An undivided one-half interest in and to a tract of land situated in the West Half (W1/2) and the Southeast Quarter (SE1/4) of Section Three (3) , Township Six (6) North, r. Range Sixty-six (66) , West of the 6th P.M. , �p 2au Weld County, Colorado, described as follows: .EJ44' ' Beginning at the Southwest corner of Section Three (3) , Township Six (6) North, Range SKID LG SKL10424 WE 2643534-1998 . 001 Sixty-six (66) West; thence in a Northerly direction, 2,532 feet along the West section line of said Section to an iron pipe located on said Section line and on the North bank of dividing lateral; thence along the North bank of said dividing lateral on the following courses: North 89035' East, 1,644 feet; thence South 53010' East 226 feet; thence South 77030' East, 177 feet; thence North 50020' East, 730 feet; thence North 60050' East, 68 feet to an iron pipe located on the North bank of said dividing lateral, and on the North and South Half section line of said Section; thence in a Southerly direction 230 feet along said North and South Half section line to an iron pipe located on said North and South Half section line at the center of said Section; thence in an Easterly direc- tion, 428 feet along the East and West Half section line of said Section to a pipe lo- cated on said East and West Half section line and on the East bank of dividing lateral; thence along said East bank on the following courses: South 53025' East 122 feet; thence South 70040' East, 90 feet; thence South 89045' East, 250 feet; thence South 56035; East, 157 feet; thence South 30035' East, 180 feet; thence South 1035' West, 410 feet to a point on the West bank of Lucas Ditch; thence along the West bank of Lucas ditch on the following courses: South 27040' East, 280 feet; thence South 29005' East 238 feet; thence South 41013' East 165 feet; thence North 89005' East 225 feet; thence South 70045' East, 424 feet; thence South 48005' East, 390 feet; thence South 00029' East, 325 feet; thence South 16020' East, 470 feet; thence South 25036' East, 133 feet to the South section line of said Section; thence in a Westerly direction, 4,930 feet, more or less, along said South section line to the Point of Beginning, i with all appurtenances, subject to easements, cove- nants, restrictions, reservations and rights of way of record, and subject to general property taxes. Executed 4179 , 1998xr "6 . ,,e.h.0-44-14' P L WARD- SC 0 , PerssOnal" Representative of the Estate of MABLE SCHNORR, a/k/a MABEL SCHNORR, deceased STATE OF COLORADO ; se. COUNTY OF F7,. A The foregoing instrument was acknowledged before me this /P day of F-I HE 1998, by EDWARD Y FUd(� SCHNORR, Personal Representative of the Estate of ��� SCHNORR, a/k/a MABEL SCHNORR, deceased. Witness my hand and official seal. ELIPEREA, My commission expi#es: OF CC• Notary Pub y GOmmi55i0C fr' 1?/1 Y'" 11111111111111111111111 11111111111IIIIIIIIII! 2043034 01/20/1008 02i21 519 Weld County CC 2 of 2 R 11.00 D 0,00 .iN 8uk1 TouNonelo SKLD LG SKL10424 WE 2643534-1998 . 002 3940472 Pages: 1 of 2 08/14/ 013 •4,12 peal Reco� rslWeled County. D 00 VIII IlJ91IlAki'ilA4,I4NIDidkiK4r wVYl When recorded roan to: Richard E.Hopper.Jr.,Attorney et Law 4450 Arapahoe Ave.,Suite 100 Boulder.CO 80303 PERSONAL REPRESENTATIVE'S DEED • (TESTATE ESTATE) THIS DEED is made by Ronnie Ruth S►oue,Personal Represenativeofthe Estate of Edward Selman,aka Ed Schnorr,deceased,Grantor,to the Edward Sclaorr Trot,dated February 14,2003, Grantee,whose address is 1620 Stoney Point Court,Colorado Springs,Colorado 80919,of the County of El Paso,and State of Colorado. WHEREAS,the Last Will and Testament of the above-named decedent was made and executed in the lifetimeofie decedent,and is dated October 13,2008,which Will was duly admitted to informal probate on May 14,2013,by the District Coon in and for the County of Weld,State of Colorado,Probate No. 2013PR30125; WHEREAS,Grantor was duly appointed Personal Representative of said Estate on May 14,2013, and is now qualified and acting in said capacity. NOW THEREFORE.pursuant to the powers conferred upon Overact by the Colorado ProbateCode, Grantor does hereby sell,convey,assign,transfer and sal over unto said Grantee as the person entitled to distribution of the property in the above captioned Will,all of Grantor's right,title and intent in and to all of the oil,gas adodrerminerals in end under,and that may be produced from the following described lands, situate in the County of Weld,State of Colorado: SEE EXHIBIT"A"ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE Together with the right of ingres3 and egress at all times for the purpose of mining, drilling, exploring,operating and developing said lands for oil,gas and other minerals and removing the same therefrom_ Subjectto any rights now existing of any lessee or assigns under any valid and subsisting oil and gas lease of record heretofore executed. As used herein,the singular shall include the plural and the plural the singular.Executed on • - - t 0 2013. ' J a �1) koklia(ne Ruth She Representative of the Estate of Edward Sdmon,aka Ed Schnorr. deceased STATE OF COLORADO ) 2�240 As COUNTY OF{N ) The foregoing instrument was acknowledged before me this e42day of 013,by oxanne Ruth Shorn, as Personal Representative of the Estate of Edward rr, aka Ed Schnort, s."P ,, Witness my hand and official seal.•a eflAcomndssionexpires:/O —7--c y • <.w n '• N Public a O its PUGL oPgt \yr:OF GOti SKLD LG SKL10424 WE 3940472-2013 . 00] 3940472 Pages: 2 of 2 06/14/2013 04:12 PM R Fee:$18.00 0 Fee:$0.00 Steve Moreno, Clerk and Recorder. Weld County CO ■III I��jIW!k'dl�l'I�NYJI?iN�4tIIrYRI�r11Pintli AI II III EXHIBIT"A" A tract of land in Weld County, Colorado, situated in the West Half(W1/2) and the Southeast Quarter(SEl/4)of Section Three(3),Township 6 North,Range 66 West; described as follows: Beginning at the SW corner of Section 3;thence in a Northerly direction,2,532 feet along the West Section line of said Section to an iron pipe located on said Section line and on the North bank of dividing lateral; thence along the North bank of said dividing lateral on the following courses: North 89° 35'East, 1,644 feet;thence South 53° 10'East.226 feet;thence South 77° 30' East, 177 feet,thence North 50°20'East,730 feet;thence North 60°50'East,68 feet to an iron pipe located on the North hank of said dividing lateral, and on the North and South Half Section line of said Section;thence in a Southerly direction 230 feet along said North and South Half Section line to an iron pipe located on said North and South Half Section line at the center of said Section; thence in an Easterly direction,428 feet along the East and West Half Section line of said Section to a pipe located on said East and West Half Section line and on the East Bank of dividing lateral; thence along said East bank on the following courses: South 53°25'East, 122 feet;thence South 70°40'East,90 feet;thence South 89°45'Fast,250 feet; thence South 56°35' East, 157 feet;thence South 30°35'East, 180 feet;thence South 1° 35' West, 410 feet to a point on the West bank of Lucas Ditch;thence along the West bank of Lucas Ditch on the following courses: South 27°40'East,280 feet;thence South 29°05'East,238 feet;thence South 41° 13'Fast, 165 feet; thence North 89°05'East,225 feet;thence South 70°45' East,424 feet;thence South 48° 05' East, 390 feet;thence South 00°29'East,325 feet;thence South 16°20'East,470 feet;thence South 25° 38'East, 133 feet to the South Section line of said Section;thence in a Westerly direction 4,930 feet, more or less,along said South Section line to the point of beginning. SKLD LG SK1,10424 WE 3940472-2013 . 002 12246 1/1 r f - IIt 11;; 111 + Yi j, 1 r "..�. I 1�� J i1 j li! 11 li jij �,1 ! l{il i;ji14i� 11 i a i.i,,pill, 'i {,'„ ' .. -'rt, ., 1 ' a .II Ill tit Nei! dill , �1. II li 1i JYi'ii{iiii '1111- ,__../...„,,,,-,,,-*, ..„_. N r i 1.I 1, j !i i1 III ,1 +1 i ill `.1 1]11 t I 1+ 411I:fi , , ll J1 ,R,, ,..y N 4i �1'll [' 6, 1J h Mill 5:i lilt' 11 il,_, t 1ilJil 1 ,�tI1 v r ` '- 1 r- III 114 1 i 118 i.11 1 I'1 1 1 1 1 t 1 i,i �rlp il11rii ;1114 . 1 1i' iij4 i hi li. IV r„I .iii Sdiiii 11S1i'��11 1('11Jfr; 'ii i S iii.it� ;111li — U � ". =11 'Jill", F.11 J 1 .Sr'� 1 !{ 1111`ii:'!1 'it {p,1r3,; ,111114 1 ' 1�1�4 1.� liiti �, ✓.:.y p . � ±4 ;J.rl i 111,) 114 it ',ell' #4f! 1 !!V 1111 I'itigi II le.1 hipiir t, f 2 i ( 4;b S pi,141 I!i ;1p+111 i1 ti 111 1t t tilt ii 1 i liltiIJ1 14.1 i�i;+11i11[��i E I� i a 1, ': i(:: ';<:?: si ' '; 1F 1 f Hid. III ,III J;itii i i'i ti 1J 1.1 1 liti,Jl 11' ,,,+'� > _ /'�\ ''���`}i!° Ii i'a ! I1 lirf J1 It'1 �; Iiit11 � 1i '1� i1� ri 11J i�+ , ► ii 1 ia i iH FS' i l;� 1 tt1'hti'! )?;11 iijiiiH !(t inI1L '_'./r 4` 'ri ' '� ji 11J 1 t .'� i 4v ili, J 1 hi lit i!li�1 iilll . 9 l i1.� i iy - -- i q ill 11��1 9 A !II . l 1?II ' -.. d 1i SI Ill I E e I;'.' 1�11�1 . '1 W i1, =v 1 f ;.,jr Jiff1 III , { [�10 1 3 1 } i1 TIT .4 filth ',111:J, t Ili 4 '. 1 f 111 i z 411 •iiitt I. - 1 11'F rl 1. 1 in 1 Nil { tip' t4 'r01li �, . ®a� 1 ,11 1. 9 Cn .1 till ii ` 1 £ J� r---�___ xMM'M'.' twit O{ : ] iii �j li t I\l:s 4 i ,!'4. i QQ ��t! h S I t'i" �, 1RJ t1 'ill I ° p- ,oil r : 1:1-,I in g I la ; F t i I g Y J a 11 -1813111 iL I ! itl g w3 11 ill o tlo 1 i vrile -1511. I P �J 4 J11;llf; 0 343 F 1 I'll,1Nin16p 1 '1 . .03.°' - ar,..csAp-� i u C F+ 6® 1I1i1111I `,4 1t i g€ ii;tl i; diiYal'J11 1 , 1 W it si l;1i r�slifp i 1,i- 1I 1 ,ittl11 11-411 I o gg 'f* 1 J _ W In i;?litl!l iii it ' r i ; f3 � a� ii o a " .P q I A� I In i r �i; o R r-I o 1 l Z Rcn V 1V. 11 JIi ? N W a , 51 _ i' rJ i ; J Z W 7 'J 1 g to .1 F ,131 It }s `'� �1 1 •/, Pia 1!' tit 1.1; • t :1 1 1 . 7' tOi all * Id I�{BJ, li irl Mg i l 1 .-2,•021. 1t ..t 1 .4..f 1 . 1.5 , 1 3.01.00' i1 I Viia i J, It 2 *i ------- Ng! Iti Zl O Mill 1111111111 IIIII Ilil IIIII III IIIII HIM 2900079 12112/2001 12:16P JA Suld Ttukamoto 1 et 3 R 15.00 D 60.00 Weld County C0 WARRANTY DEEP 070 THIS DEED, made this 6th day of December, 2001, by and between EDWARD SCHNORR and NABLE SCHNORR FAMILY TRUST, a Trust, of the County of Weld, State of Colorado ("Grantors•), and LESTER E. HARDESTY and SHERRILL R. HARDESTY, as joint tenants with rights of survivorship and not as tenants in common, whose mailing address, for purposes of this Deed, is 34600 Weld County Road 31, Greeley, Colorado 80631, of the County of Weld, State of Colorado ("Grantees*) . WITNESSETE: That grantors, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, to Grantors in band paid by Grantees, the receipt of which is hereby confessed and acknowledged, have granted, bargained, sold, and conveyed, and by these presents do hereby grant, bargain, sell, convey, and confirm unto Grantees, their heirs, personal representatives, and assigns, forever, the real property, together with all improvements, if any, situate, lying, and being in the County of Weld, State of Colorado, which is legally described on Exhibit "A" attached hereto and incorporated Cpl` herein by reference. TOGETHER WITH all and singular the hereditament': and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all estate, right, title, interest, claim, and demand whatsoever of Grantors, either in law or equity, of, in, or to the above-bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto Grantees, their heirs, personal representatives, and assigns, forever. And Grantors, for themselves and their heirs, personal representatives, and assigns, do covenant, grant, bargain, and agree to and with Grantees, their heirs, personal representatives, and assigns, that at the time of the ensealing and delivery of these presents they are well seized of the premises above conveyed; have good, sure, perfect, absolute, and indefeasible estate of inheritance, in law, in fee simple/ and have good right, full power, and lawful authority to grant, bargain, sell, and convey the same in manner and form as aforesaid; and that, except as hereinafter provided, the same are free from all former and other grants, bargains, sales, liens, taxes, manta, encumbrances, and restrictions of whatever kind or nature soever; and Grantors do hereby warrant the title to the same, except and subject to the following: 1. Rights of way, whether in fee or easement only, for county roads 30 feet wide on each side of section and township lines as established by Order of the Board of County Commissioners for Weld County, recorded October 14, 1889, in Book 86 at Page 273. 2. The Lucas Lateral Ditch and any and all right of way therefor. 3. Undivided 1/2 interest in and to all oil, gas and other minerals, as reserved by Elmer E. West and Eunice M. West in Warranty Deed dated March 5, 1974, recorded March 6, 1974, in Book 710 as Reception No. 1631534, and any interests therein or rights thereunder. 4. Reservations by the Union Pacific Railroad Company of (1) all coal and other minerals underlying subject property, (2) the exclusive right to prospect for, mine and remove coal and other minerals, and (3) the right of ingress and egress and regress to prospect for, mine and remove coal and other minerals, all as contained in Deed recorded June 19, 1999, in Book 170 at Page 379, and any interests therein or rights thereunder. 5. Oil and gas lease between Edward Schnorr and Wable Schnorr and Overthrust Oil Royalty Corporation dated October 21, 1962, recorded November 16, 1982, in Book 982 as Reception No. 1909212, Modification recorded October 5, 1983, in Book 1009 es Reception No. 1942674, and any interests therein or rights thereunder (NOTE: Numerous instruments of record indicate that said Oil and Gas Lease may have been extended beyond its primary term by the discovery and/or production of oil and/or gas upon the subject property or upon lands unitized with subject property.) (WM 12/06/01) SKLD LC SKL10424 WE 290©079-2001. . 001 1111111111111179 1111111011181'11110111 11111111 ele 2 al 3 R 16.00 D 60.00 Weld County CO 6. Right of way, whether in fee or easement only, for pipeline and appurtenances, granted to Natural Gas Associates, Inc. by Edward Schnorr and &Cable 8chnorr by instrument recorded April 7, 1986, in Book 1108 as Reception No. 2049044, in which the specific location of the easement is not defined. 7. Any question, dispute or adverse claims as to any loss or gain of land as a result of any change in the dividing lateral location by other than natural causes, or alteration through accretion, reliction, erosion or avulsion of the center thread, bank, channel or flow of waters in the lateral lying within subject land; and any question as to the location of such center thread, bed, bank or channel as a legal description monument or marker for purposes of describing or locating subject lands. 8. Real property taxes for the year 2001 and subsequent years. Grantors shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of Grantees, their heirs, personal representatives, and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, Grantors have executed this Warranty Deed the day and year first above written. ,42 EDOPARD SCHROER MABL7E SCHNORR FAMILY TRUST, a Trust BY�o drr -4.f�ee r. E ward Sc e- Trustee STATE OF COLORADO so. COUNTY OF LARIMER The foregoing instrument was acknowledged before me this 6th day of December, 2001, by EDWARD SCHNORR, Individually and as Trustee of the MABLE SCHNORR FAMILY TRUST, a Trust. WITNESS my hand and official seal. My commission expires: Jl-J5 1�J s ky5, Notary public i '.DARELLA L S BLOCK i 1 i & 4;1.UF`Ct)\'o' (HEW 12/06/01) - 2 - SKLD LO SKL10424 WE 2908079-2001 . 002 111111111111111111111111111111111111111 III VIII Oil iii 2906079 12:16P JA Sold Teukam 3 of 3 3 11fl 16.00 012001 D 60.00 Weld County CO EXHIBIT "A" ATTACHED TO AND MADE A PART OF TEE WARRANTY DEED BETWEEN EDWARD SCHNORR AND !SABLE SCHRORR FAMILY TRUST ("GRANTORS") AND LESTER E. HARDESTY AND SHERRILL R. HARDESTY ("GRANTEES") LEGAL DESCRIPTION OF THE PROPERTY CONVEYED HEREBY Lot C of Recorded Exemption No. 0805-03-3-RE3211 recorded December 4, 2001, as Reception No. 2905716, being a part of the W1/2 and the SE1/4 of Section 3, Township 6 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. TOGETHER WITH a non-exclusive, perpetual road and utility easement over and across the moat northerly thirty feet (30') of Lot B of Recorded Exemption No. 0805-03-3-RE3211 recorded December 4, 2001, as Reception No. 2905716, County of Weld, State of Colorado. (Vacant land, no street address assigned) The property being conveyed hereby (the "Conveyed Property") shall include the followings 1. All rights, title, and interest of Grantors in and to any improvements located on the Conveyed Property, including, but not limited to, the center-pivot sprinkler system and all associated pumps, motors, risers, pipeline, gated pipe, gates, grain-handling and drying equipment, and j all other associated irrigation equipment located on and used in the operation of the Conveyed Property. 2. All rights, title, and interest of Grantors in and to any and all minerals and mineral rights, including oil, gas, sand, gravel, and other minerals located in, on, or under the surface of the Conveyed Property; 3. All rights, title, and interest of Grantors in and to all easements, rights-of-way, and rights to same belonging and inuring to the benefit of the Conveyed Property, including, but not limited to, all rights of Grantors under that certain Order dated August 6, 2001, entered in Weld County District Court, Case No. 01CV480, in which Edward Schnorr is the Plaintiff and Eunice A. Baer and Laura A. Gill are the Defendants; and 4. With the exception of one hundred (100) units of Colorado-Big Thompson Project water as administered by the Northern Colorado Water Conservancy District, the Conveyed Property shall include all rights, title, and interest of Grantors in and to all water and water rights, ditches and ditch rights, reservoirs and reservoir rights, and wells and well rights, on, underlying, appurtenant to or used on or in connection with the Conveyed Property, including, but not ! limited to three (3) shares of the capital stock of The Larimer & Weld Irrigation Company; three (3) shares of the capital stock of The Windsor Reservoir and Canal Company; two (2) shares of the capital stock of The Larimer a Weld Reservoir Co.; and three (3) shares of The Lucas Lateral Ditch Company. (Kat 12/06/01) - 3 - SKLD LG SKL10424 WE 2908079-2001 . 003 Hello