HomeMy WebLinkAbout1.03 Deedsmill K 911 MIKI M411u1
Recertion#: 728192
0711 !2007 02:02:51 PM B: 1950 P: 0928 Jean Rlberico
1 of 7 Rec Fee:$36.00 Doc Fee:127.95 GARFIELD COUNTY CO
A
LT)dT&
tlINnMTFF CgITWY
RECORDING REQUESTED BY, AND
YMEN RECORDED MAIL TO:
Kaufman Peterson & Dishler P.C.
315 East Hyman Avenue, Suite 305
Aspen, Colorado 81611
WARRANTY DEED
y!h
TMS DEED, made as of the _ day ot� 2007 between Storesmart of
Carbondale, LLC a Colorado limited liability company ereinafter "Grantor"j and Aspen Equity
Group, LLC a Colorado limited liabilitycompany (hereinafter "Grantee'),
WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars
($10.00) and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, has granted, bargained, sold, and conveyed, and by these presents does
grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, an
undivided fifty percent (50%) interest in and to the real property, situated, lying and being in the
County of Garfield, State of Colorado, described as follows:
See attached Exhibit "A"
TOGETHER with all and singular the hereditaments and appurtenances thereto
belonging or in anywise appertaining, and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and
demand whatsoever of the Grantor, 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 successors and assigns forever. And the Grantor for himself,
his heirs, successors and assigns, does covenant, grant, bargain and agree to and with the
Grantee, its successors and assigns, that at the time of the ensealing and delivery of these
presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful
authority to grant, bargain, sell and convey the 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 and
subject to general taxes for the year 2006•, payable in 2007, and as set out in Exhibit "B".
The Grantor shall and will WARRANT AND FOREVER DEFEND the above
bargained premises in the quiet and peaceable possession of the Grantee, its successors and
assigns, against all and every person or persons lawfully claiming the whole or any part thereof.
milliGIMANIN Wr'M"H 1IIII
Reception#: 1192
07117!2007 020272151 PM B: 1950 P: 0929 Jean Albericc
2 of 7 Rec Fee:$36.00 Doc Fee:127.96 GARFIELD COUNTY CO
The singular number shall include the plural, the plural the singular and the use of any gender
shall be applicable to all genders.
above.
IN WITNESS WEIEREOF, the Grantor has executed this deed on the date set forth
BY: STORBSMART OF CARBONDALE, LLC a Colorado limited liability company
By:
W. Bradford Sherman, as Manager
By:
Lewis G. Pollack, Manager
STATEOFfit,V—a s4S )
ss.
COUNTY OF �i1t �4slC• 1
The foregoing instrument was acknowledged and sworn to before me this _4gt day of
J" 2007 by W. Bradford Sherman, as Manager of Storesmart of Carbondale, LLC.
WITNESS my hand and official seal.
s: -2- ite
t{ ANGELA CABR
My COMMISSION M 12349466
1*1 EXPIRES; August2, 2016
4kg"e'& a'4L��
Fulaski County
Notary Puis
STATE OF )
ss.
COUNTY OF )
The foregoing instrument was acknowledged and sworn to before me this day of
, 2007 by Lewis G. Pollack, as Manager of Storesmart of Carbondale, LLC.
WITNESS my hand and official seal.
My commission expires: _
Notary Public
■111II'WWWWWWWAM 1401111 11
Reception#: 728192
07117/2007 02,02:51 PM B: 1950 P: 0930 Jean Alberico
3 of 7 Rec Fee:$36.00 Doc Fee:127.96 GARFIELD COUNTY CO
'the singular number shall include the plural, the plural the singular and the use of any gender
shall be applicable to all genders.
above.
IN WITNESS 'WHEREOF, the Grantor has executed this deed on the date set forth
BY: STORESMART OF CARBONDALE, LLC a Colorado limited liability company
By.
W. Br ford S nnran;LgL-r
By:
e is G. Pollack, Manager
STATE OF )
ss.
COUNTY OF )
The foregoing instrument was acknowledged and sworn to before me this day of
, 2007 by W. Bradford Sherman, as Manager of Storesmad of Carbondale, LLC,
WITNESS my hand and official seal.
My commission expires:
NotaryPublic
STATE OF C '-� r -�J�
) as.
COUNTY OF
The foregoing instrument was aclalowledged and swom to before me this 4-N day of
2007 by Lewis G. Pollack, as Manager of Storesmart of Carbondale, LLC.
WITNESS my hand and official seal.
My commission expires: 49y-20 1�
�"� Nni2rs F7tfblic, State of Florida Notary Public
h9y enm.m, expires Apr. 20, 2008
No. OD 3t2265
millr
Reception#:728192
07!17/2007 02:02 51 PM 5: 1950 P. 0931 Jean Alberico
4 of 7 Ree F.:$36.00 Doe Fee:127.96 GRRFIELD COUNTY CO
EXHIBIT A
A PORTION OF LAND SITUATED WITHIN SECTION 7 AND SECTION 18, TOWNSHIP 7 SOUTH,
RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, LYING
SOUTHWESTERLY OF THE SOUTHERLY RIGHT.OF WAY OF GARFIELD COUNTY ROAD #113 AS
CONSTRUCTED AND IN PLACE, NORTH OF THE CENTERLINE OF CATTLE CREEK, EAST OF THE
EASTERLY RIGHT OF WAY OF COLORADO STATE HIGHWAY #82 AND WEST OF THAT TRACT
DESCRIBED IN BOOK 576 AT PAGE 659 OF THE RECORDS OF GARFIELD COUNTY, COLORADO,
SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHERE THE SOUTHERLY RIGHT OF WAY OF COUNTY ROAD #113
INTERSECTS THE NEST LINE OF THAT TRACT AS DESCRIBED IN BOOK 576 AT PAGE 659 OF
THE RECORDS OF SAID COUNTY, SAID POINT OF BEGINNING BEING A #5 REBAR WITH
PLASTIC CAP P.L.S. #22580, "OM WHICH THE SOUTHEAST CORNER OF SAID SECTION 7
BEARS NORTH 72 DEGREES 23102" EAST A DISTANCE OF 199.35 FEET, SAID SOUTHEAST
CORNER OF SAID SECTION 7 BEING A STANDARD MONUMENT SET BY GARFIELD COUNTY, THEN
ALONG SAID WEST LINE OF TRACT .SOUTH 00 DEGREES 0010011 WEST A DISTANCE OF 197.51
FEET TO INTERSECT THE CENTERLIXE OF CATTLE CREEK, SAID CREEK CENTERLINE BEING
LOCATED BY SURVEY APRIL 27, 1992, THEN ALONG SAID CREEK CENTERLINE THE
FOLLOWING 40 COURSES;
NORTH 49 DEGREES 59117" WEST A DISTANCE OF 97.70 FEET;
NORTH 64 .DEGREES 25144" WEST A. DISTANCE OF 20.66 FEET;
NORTH 08 DEGREES 4812211 EAST A. DISTANCE OF 48.12 FEET;
NORTH 56 DEGREES 46'19" WEST A. DISTANCE OF 48.79 FEET;
-
SOUTH 74 DEGREES 4612311 WEST A DISTANCE OF 65.34 FEET;
NORTH 46 DEGREES 2611911 WEST A DISTANCE OF 50.05 FEET;
NORTH De DEGREES 05145" EAST A DISTANCE OF 74.01 FEET;
NORTH 57 DEGREES 3915811 WEST A DISTANCE OF 23.63 FEET;
NORTH 47 DEGREES 16134" WEST A DISTANCE OF 93.52 FEET;
NORTH 19 DEGREES 40'08" EAST A DISTANCE OF 64.07 FEET;
NORTH 30 DEGREES 26119" WEST A DISTANCE OF 51.37 PERT;
SOUTH 86 DEGREES 23125" NEST A DISTANCE OF 38.42 FEET;
SOUTH 76 DEGREES 4013811 WEST A DISTANCE OF 139.15 FEET;
SOUTH 81 DEGREES 51'14" WEST A DISTANCE OF 32.22 FEET;
NORTH 55 DEGREES 59110" WEST A DISTANCE OF 51.66 FEET;
NORTH 07 DEGREES 12146" WEST A DISTANCE OF 79.24 FEET;
SOUTH 73 DEGREES 12142" WEST A DISTANCE OF 63.91 FEET;
NORTH 83 DEGREES 44-26-1 WEST A DISTANCE OF 29.33 FEET;
NORTH 59 DEGREES 4115211 NEST A DISTANCE OF 49.66 FEET;
SOUTH 79 DEGREES 4213011 WEST A DISTANCE OF 31.92 FEET;
SOUTH 35 DEGREES 37'4211 WEST A DISTANCE OF 29.96 FEET;
SOUTH 67 DEGREES 5415011 EAST DISTANCE OF 28.61 FEET;
SOUTH 24 DEGREES 44147" WEST A DISTANCE OF 32.10 FEET;
SOUTH 82 DEGREES 2513511 WEST A .DISTANCE OF 96.44 FEET;
SOUTH 48 DEGREES 2614211 WEST A :DISTANCE OF 94.53 FEET;
NORTH 66 DEGREES 5012011 WEST A DISTANCE OF 51.72 FEET;
NORTH 34 DEGREES 51125" WEST A DISTANCE OF 42.96 FEET;
NORTH 54 DEGREES 1210411 EAST A DISTANCE OF 45.85 FEET;
NORTH 71 DEGREES 49'17" WEST A DISTANCE OF 49.94 FEET;
SOUTH 22 DEGREES 011421, WEST A DISTANCE OF 50.48 FEET;
SOUTH 81 DEGREES 0811311 WEST A DISTANCE OF 52.38 FEET;
SOUTH 65 DEGREES 59130" WEST A DISTANCE OF 75.82 FEET;
NORTH 34 DEGREES 0413611 WEST A DISTANCE OF 33.50 FEET;
NORTH 51 DEGREES 4814511 EAST A DISTANCE OF 42.73 FEET;
NORTH 01 DEGREES 31'0211 EAST A DISTANCE OF 115.53 FEET;
SOUTH 82 DEGREES 2412611 WEST A DISTANCE OF 90.53 FEET,
NORTH 47 DEGREES 26106" WEST A DISTANCE OF 88.64 FEET;
NORTH 87 DEGREES 57107" WEST A DISTANCE OF 140.64 FEET';
NORTH 65 DEGREES 301171' WEST A DISTANCE OF 108.14 FEET;
GC63001122
Form 674 EXRIBITA1.0 01/17/03
(51286T3),
lllllm'iF'G�If�'�1141�,NYh�ari��4ilY'a+lrl�b'h� wl-i 111 Ill
Reception#: 728192
07/17/2007 02:02:51 P11 B. 1950 P: 0932 Jean Rlber"
5 of 7 Re
Fee:$36 00 Dvc Fee:127.96 GRRFIELD COUNTY CO
EXHIBIT A
NORTH 87 DEGREES 2314711 WEST A DISTANCE OF 50.37 FEET TO INTERSECT THE EASTERLY
RIGHT OF WAY OF COLORADO STATE HIGHWAY NUMBER B2, THEN ALONG SAID EASTERLY
RIGHT OF WAY THE FOLLOWING TWO COURSES,
339.91 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 11320.00
FEET, A CENTRAL ANGLE OF 01 DEGREES 43114° AND A LONG CHORD WHICH BEARS NORTH
06 DEGREES 5313311 WEST A DISTANCE OF 339.90 FEET;
NORTH 06 DEGREES 02139" WEST A DISTANCE OF 117.23 FEET;
THEN DEPARTING SAID EASTERLY RIGHT OF WAY NORTH 90 DEGREES 00'00^ EAST A
DISTANCE OF 84.43 FEET TO INTERSECT THE SOUTHERLY RIGHT OF WAY OF SAID GARFIELD
COUNTY ROAD NUMBER 113,
THEN ALONG SAID SOUTHERLY RIGHT OF WAY THE FOLLOWING TWELVE COURSES;
134.72 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 2567.97
FEET, A CENTRAL ANGLE OF 03 DEGREES 00121" AND A LONG CHORD WHICH BEARS SOUTH
56 DEGREES 0412611 EAST A DISTANCE OF 134.70 FEET;
SOUTH 57 DEGREES 3413611 EAST A DISTANCE OF 242.62 FEET;
213.78 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 550.98
FEET, A CENTRAL ANGLE OF 22 DEGREES 13'51" AND A LONG CHORD WHICH BEARS SOUTH
66 DEGREES 4113211 EAST A DISTANCE OF 212.44 FEET;
SOUTH 79 DEGREES 4812711 EAST A DISTANCE OF 61.85 FEET;
152.85 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 944.11
FEET, A CENTRAL ANGLE OF 09 DEGREES 16'34" AND A LONG CHORD WHICH BEARS SOUTH
75 DEGREES 10110" EAST A DISTANCE OF 152.68 FEET;
SOUTH 70 DEGREES 3115311 EAST A DISTANCE OF 112.08 FEET;
271.76 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1521.83
FEET, A CENTRAL ANGLE OF 10 DEGREES 1315311 AND A LONG CHORD WHICH BEARS SOUTH
65 DEGREES 2415711 EAST A DISTANCE OF 271.39 FEET;
SOUTH 60 DEGREES 18'00^ EAST A DISTANCE OF 45.94 FEET;
259.41 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 819.74
FEET, A CENTRAL ANGLE OF 18 DEGREES 07153" AND A LONG CHORD WHICH BEARS SOUTH
51 DEGREES 1410411 EAST A DISTANCE OF 258.33 FEET
SOUTH 42 DEGREES 1010711 EAST A DISTANCE OF 105.17 FEET;
SOUTH 41 DEGREES 1113111 EAST A DISTANCE OF 28.06 FEET;
167.53 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 2632.31
FEET, A CENTRAL ANGLE OF 03 DEGREES 38'4711 AND A LONG CHORD WHICH BEARS SOUTH
43 DEGREES 0014211 EAST A DISTANCE OF 167.51 FEET TO THE POINT OF
BEGINNING.
ALSO KNOWN AS
PARCEL A
MIDLAND EXEMPTION
COUNTY OF GARFIELD,STATE OF COLORADO
GC6300112Z
Form 674 EXHIBITAI.O 01/17/03
<5128673]
mill IY�'it��U�P�II�,IW� P� 4�iJ�'h��l�+�'h�+�llN�� mill
Reception#: 728192
67of 772007 Rec FeeO$36.00MDoc Fee0P� 93 Jean Aberico
127.963GARFIELDI COUNTY CC
EXHIBIT 6 Our Order No. GC63001122-4
DEED OF TRUST DATED October 23, 2006 FROM STORESMART OF CARBONDALE,
LLC TO THE PUBLIC TRUSTEE OF COUNTY FOR THE USE OF METROPOLITAN
NATIONAL BANK TO SECURE THE SUM OF $4,453,595.00, AND ANY OTHER
AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED October 30, 2006,
IN BOOK 1857 AT PAGE 811.
SAID DEED OF TRUST WAS FURTHER SECURED IN ASSIGNMENT OF RENTS RECORDED
October 30, 2006, IN BOOK 1857 AT PAGE 852.
FINANCING STATEMENT WITH METROPOLITAN NATIONAL BANK, THE SECURED
PARTY, RECORDED October 30, 2006, IN BOOK 1857 AT PAGE 810.
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 December 04,
1894, IN BOOK 12 AT PAGE 339 AND RECORDED NOVEMBER 18, 1893 IN BOOK
12 AT PAGE 255.
RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED December
04, 1894, IN BOOK 12 AT PAGE 339 AND RECORDED NOVEMBER 18, 1893 IN
BOOK 12 AT PAGE 255.
UNDIVIDED 1150 INTEREST OF ALL OIL AND GAS AS RESERVED BY ELLA J.
CHASE IN THE DEED TO ELMER BAIR RECORDED JUNE 12, 1951 IN BOOK 258
AT PAGE 594 AS RECEPTION NO. 176326, AND .ANY AND ALL ASSIGNMENTS
THEREOF OR INTERESTS THEREIN.
UNDIVIDED 6 114 % ROYALTY FROM ALL OIL, GAS AND OTHER MINERALS AS
RESERVED BY NEIL S. MINCER AND ERVEN T. LARSON IN THE DEED TO UNION
OIL COMPANY OF CALIFORNIA RECORDED MAY 19, 1967 IN BOOK 384 AT PAGE
358 AS RECEPTION NO. 237942, AND ANY AND ALL ASSIGNMENTS THEREOF OR
INTERESTS THEREIN,
RIGHT OF WAY EASEMENT BEING 10 FEET IN WIDTH AS GRANTED TO THE
MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY BY DOCUMENT RECORDED
SEPTEMBER 12, 1966 IN BOOK 379 AT PAGE 39.
RIGHT OF WAY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION,
INC. BY DOCUMENT RECORDED NOVEMBER 22, 1966 IN BOOK 380 AT PAGE 234.
TERMS, CONDITIONS, PROVISIONS, EASEMENT'S AND RIGHTS OF WAY OF
AGREEMENT RECORDED SEPTEMBER 17, 1971 1'N BOOK 422 AT PAGE 542,
EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SHOWN ON THE SURVEY
RECORDED APRIL 30, 1990 AS RECEPTION NO. 412106.
EQUESTRIAN ACCESS EASEMENT AND WATER LINE AS SET FORTH IN WARRANTY
DEED RECORDED APRIL 20, 1994 IN BOOK 899 AT PAGE 612.
mill lid'r.F16IMMNALAWhYIrAN lith 11 11
Reception#: 728192
07/77/2007 02:02:51 PN B 1950 P: 0934 Jean Albedo.
7 of 7 Ree Fee:$36.00 Doc Fee:127. 96 GARF15LD COUNTY CO
EXHIBIT 6 Our Order No. GC63001122-4
TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 94-04 RECORDED
April 22, 1994 IN BOOK 899 AT PAGE 736.
TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 92-047 RECORDED May
20, 1992 IN BOOK 831 AT PAGE 970.
ALL REMAINING OIL, GAS, OIL SHALE AND ANY AND ALL MINERAL INTEREST OF
WHATEVER NATURE NOT PREVIOUSLY RESERVED, WITHOUT THE RIGHT OF SURFACE
ENTRY AS RESERVED IN INSTRUMENT RECORDED MAY 28, 1992 IN BOOK 832 AT
PAGE 789, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 93-045 RECORDED
June 08, 1993 IN BOOK 865 AT PAGE 32.
ANY QUESTION, DISPUTE OR ADVERSE CLAIMS AS TO ANY LOSS OR GAIN OF
LAND AS A RESULT OF ANY CHANGE IN THE RIVER BED LOCATION BY NATURAL
OR OTHER THAN NATURAL CAUSES, OR ALTERATION THROUGH ANY CAUSE,
NATURAL OR UNNATURAL, OF THE CENTER THREAD, BANK, CHANNEL OR FLOW OF
WATERS IN CATTLE CREEK LYING WITHIN SUI3JECT 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.
EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SHOWN ON THE MIDLAND
EXEMPTION PLAT RECORDED APRIL 19, 1994 AS RECEPTION NO. 461990.
ENCROACHMENT OF ASPHALT DRIVE ONTO RIGHT OF WAY FOR ROAD AS SHOWN ON
IMPROVEMENT SURVEY DATED AUGUST 30, 2005 PREPARED BY TUTTLE
SURVEYING.
EASEMENTS FOR UNDERGROUND WATER LINE AND CMP PIPE AS SHOWN ON
IMPROVEMENT SURVEY DATED AUGUST 30, 2005 PREPARED BY TUTTLE
SURVEYING.
TERMS, CONDITIONS AND PROVISIONS OF PERMIT RECORDED May 07, 2007 IN
BOOK 1923 AT PAGE 413.
TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED May
09, 2007 IN BOOK 1924 AT PAGE 334.
IT IS UNDERSTOOD THAT THE PROPERTY ABOVE DESCRIBED IS AN UNDIVIDED
INTEREST AND THERE IS EXCEPTED FROM THIS POLICY AND RIGHTS, TITLE OR
INTERESTS OF THE OTHER TENANTS IN COMMON; AND INSURER SHALL NEVER BE
LIABLE TO REPRESENT THE INSURED OR TO PAY THE COURT COSTS IN ANY
LITIGATION FOR PARTITION OR FOR ENFORCEMENT OF ANY OTHER RIGHTS,
TITLE OR INTERESTS OF SUCH TENANTS IN COMMON.
NOTE: ABOVE EXCEPTION AFFECTS OWNER'S POLICY
mill N 11111
Reception#: 739718
.. 12007 04:44:33 PM Jean Rlberioo
1 of B A. F—$41.00 Doc Fee: 169.60 GARFIELD COUNTY CO
RECORDING REQUESTED BY, AND
WHEN RECORDED MAIL TO:
Kaufinan, Peterson & Dishler P.C.
315 East Hyman Avenue, Suite 305
Aspen, Colorado 81611
WARRANTY DEED
THIS DEED, made as of the ,�-eday of November, 2007 between StoreSmart of
Carbondale, LLC a Colorado limited liability company (hereinafter "Grantor") and Aspen Equity
Group, LLC a Colorado limited liability company (hereinafter "Grantee").
. WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars
($10.00) and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, has granted, bargained, sold, and conveyed, and by these presents does
grant, bargain, sell, convey and confirm, unto the Grantee, its successors and assigns forever, an
undivided fifty percent (50%) interest in and to the real property, situated, lying and being in the
County of Garfield, State of Colorado, described as follows:
See attached Exhibit "A"
TOGETHER with all and singular the hereditaments and appurtenances thereto
belonging or in anywise appertaining, and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and
demand whatsoever of the Grantor, 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 successors and assigns forever. And the Grantor for himself,
his heirs, successors and assigns, does covenant, grant, bargain and agree to and with the
Grantee, its successors and assigns, that at the time of the ensealing and delivery of these
presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful
authority to grant, bargain, sell and convey the 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 and
subject to general taxes for the year 2007, payable in 2008, and as set out in Exhibit "B".
The Grantor shall and will WARRANT AND FOREVER DEFEND the above
bargained premises in the quiet and peaceable possession of the Grantee, its successors and
assigns, against all and every person or persons lawfully claiming the whole or any part thereof.
Om r
land 71t1e
mill
Reeepliontt: 738718
72/05/2007 04:443Z PM Jean Alberica
2 of 8 Rao Fea:$41.00 Doc Feo:169.60 GARFIELD COUNTY CO
The singular number shall include the plural, the plural the singular and the use of any gender
shall be applicable to all genders.
above.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth
BY: STORESMART OF CARBONDALE, LLC a Colorado limited liability company
By:
WZBr ord She an as anager
By:
ews G. Pollack, Manager
STATE OF )
S&
COUNTY OF )
The foregoing instrument was acknowledged and sworn to before me this day of
November, 2007 by W. Bradford Sherman, as Manager of StoreSmart of Carbondale, LLC.
WITNESS my hand and official seat.
My commission expires:
Notary Public
STATE OF /L
) ss.
COUNTY OF L�r/rf
The foregoing instrument was acknowledged and swom to before me this 3 O day of
November, 2007 by Lewis G. Pollack, as Manager of StoreSmart of Carbondale, LLC.
WITNESS my hand and official seal.
My commission expires -.fir � P ;fDoB
MMOUD MINWVESH
Notary Public
Commission # 1477853
Notary PubUc • California
Los MCalea Carly
MyComm. Ficpkee Mor 21, 2f>OD
mill!~i�l��'1�4.�h�I�U�6�4���1y'GIIi+�C+i�li�lN� �I
Reception#: 738718
12!05!2007 04:44,33 PM Jean R16erica
3 of 8 Rec Fee:$41.00 Doc Fee:IW6"O GRRFIELD COUNTY CO
The singular number shall include the plural, the plural the singular and the use of any gender
shall be applicable to all genders.
above.
IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth
BY: STORESMART OF CARBONDALE, LLC a Colorado limited liability company
0
W. Bradford Sherman, as Manager
Lews G. Pollack, Manager
STATE OF Y 1Cwn su S )
ss.
COUNTY OF ^P, k Q *-,, )
The foregoing instrument was acknowledged and sworn to before me this day of
November, 2007 by W. Bradford Sherman, as Manager of StoreSmart of Carbondale, LLC.
ANGELA CABRERA
WITNESS my hand and official seal. WO W COMMISSION 0 1 9UN68
My commission expires: 221 C,
Notary P
STATE OF )
ss.
COUNTY OF )
The foregoing instrument was acknowledged and sworn to before me this _
November, 2007 by Lewis G. Pollack, as Manager of StoreSmart of Carbondale, LLC
WITNESS my hand and official seal.
My commission expires:
Notary Public
mill
Reception#: 738718
12105!2007 044433 PM Jean Albtlico
4 of B Rec Fee:$41.00 Doc Fee:16.60 GARFIELD COUNTY CO
EXHIBIT A
A PORTION OF LAND SITUATED WITHIN SECTION 7 AND SECTION 18, TOWNSHIP 7 SOUTH,
RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, GARFIELD COUNTY, COLORADO, LYING
SOUTHWESTERLY OF THE SOUTHERLY RIGHT OF WAY OF GARFIELD COUNTY ROAD #113 AS
CONSTRUCTED AND IN PLACE, NORTH OF THE CENTERLINE OF CATTLE CREEK, EAST OF THE
EASTERLY RIGHT OF WAY OF COLORADO STATE HIGHWAY #82 AND WEST OF THAT TRACT
DESCRIBED IN BOOK 576 AT PAGE 659 OF THE RECORDS OF GARFIELD COUNTY, COLORADO,
SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHERE THE SOUTHERLY RIGHT OF WAY OF COUNTY ROAD #113
INTERSECTS THE WEST LINE OF THAT TRACT AS DESCRIBED IN BOOK 576 AT PAGE 659 OF
THE RECORDS OF SAID COUNTY, SAID POINT OF BEGINNING BEING A #5 REBAR WITH
PLASTIC CAP P.L.S. #22580, FROM WHICH THE SOUTHEAST CORNER OF SAID SECTION 7
BEARS NORTH 72 DEGREES 23102" EAST A DISTANCE OF 199.35 FEET, SAID SOUTHEAST
CORNER OF SAID SECTION 7 BEING A STANDARD MONUMENT SET BY GARFIELD COUNTY, THEN
ALONG SAID WEST LINE OF TRACT SOUTH 00 DEGREES 00'00" WEST A DISTANCE OF 197.51
FEET TO INTERSECT THE CENTERLINE OF CATTLE CREEK, SAID CREEK CENTERLINE BEING
LOCATED BY SURVEY APRIL 27, 1992, THEN ALONG SAID CREEK CENTERLINE THE
FOLLOWING 40 COURSES;
NORTH 49 DEGREES 59'17" WEST A DISTANCE OF 97.70 FEST;
NORTH 64 DEGREES 25144" WEST A DISTANCE OF 20.66 FEET;
NORTH 08 DEGREES 48'22" EAST A DISTANCE OF 48.12 FEET;
NORTH 56 DEGREES 46919" WEST A DISTANCE OF 48.79 FEET;
SOUTH 74 DEGREES 46'23" WEST A DISTANCE OF 65.34 FEET;
NORTH 46 DEGREES 26'19" WEST A DISTANCE OF 50.05 FEET)
NORTH 08 DEGREES 05'45" EAST A DISTANCE OF 74.01 FEET;
NORTH 57 DEGREES 39'58" WEST A DISTANCE OF 23.63 FEET;
NORTH 47 DEGREES 16'34" WEST A DISTANCE OF 93.52 FEET;
NORTH 19 DEGREES 40'08" EAST A DISTANCE OF 64.07 FEET;
NORTH 30 DEGREES 26'19" WEST A DISTANCE OF 51.37 FEET;
SOUTH 86 DEGREES 23125" WEST A DISTANCE OF 38.42 FEET;
SOUTH 76 DEGREES 40'38" WEST A DISTANCE OF 139.15 FEET;
SOUTH 81 DEGREES 51'14" WEST A DISTANCE OF 32.22 FEET;
NORTH 55 DEGREES 59'10" WEST A DISTANCE OF 51.66 FEET;
NORTH 07 DEGREES 12'46" WEST A DISTANCE OF 79.24 FEET;
SOUTH 73 DEGREES 12142" WEST A DISTANCE OF 63.91 FEET;
NORTH 83 DEGREES 44'26" WEST A DISTANCE OF 29.33 FEET;
NORTH 59 DEGREES 41'52" WEST A DISTANCE OF 49.66 FEET;
SOUTH 79 DEGREES 42130" WEST A DISTANCE OF 31.92 FEET;
SOUTH 35 DEGREES 37'42" WEST A DISTANCE OF 29.96 FEET;
SOUTH 67 DEGREES 54'50" EAST A DISTANCE OF 28.61 FEET;
SOUTH 24 DEGREES 44047" WEST A DISTANCE OF 32.10 FEET;
SOUTH 82 DEGREES 25135" WEST A DISTANCE OF 96.44 FEET;
SOUTH 48 DEGREES 26'42" WEST A DISTANCE OF 94.53 FEET;
NORTH 66 DEGREES 50120" WEST A DISTANCE OF 51.72 FEET,
NORTH 34 DEGREES 51'25" WEST A DISTANCE OF 42.96 FEET;
NORTH 54 DEGREES 12'04" EAST A DISTANCE OF 45.85 FEET;
NORTH 71 DEGREES 49'17" WEST A DISTANCE OF 49.94 FEET;
Form 952 LS0AL.LE=Z1A (03/01) OW63001655
mill
Reception#: 738718
1210512007 04:44:33 PM Jean A berioo
5 of 8 Rec Fee:$41.00 Doc Fee:169.fi0 GARFIELD COUNTY CO
EXHIBIT A
SOUTH 22 DEGREES 01142" WEST A DISTANCE OF 50.48 FEET;
SOUTH 81 DEGREES 08'13" WEST A DISTANCE OF 52.38 FEET;
SOUTH 65 DEGREES 59'30" WEST A DISTANCE OF 75.82 FEET;
NORTH 34 DEGREES 04'36" WEST A DISTANCE OF 33.50 FEET;
NORTH 51.DEGREES 48'45" EAST A DISTANCE OF 42.73 FEET;
NORTH 01 DEGREES 31102" EAST A DISTANCE OF 115.53 FEET;
SOUTH 82 DEGREES 24'26" WEST A DISTANCE OF 90.53 FEET;
NORTH 47 DEGREES 26106" WEST A DISTANCE OF 88.64 FEET;
NORTH 87 DEGREES 57'07" WEST A DISTANCE OF 140.64 FEET;
NORTH 65 DEGREES 30'17" WEST A DISTANCE OF 108.14 FEET;
NORTH 87 DEGREES 23147" WEST A DISTANCE OF 50.37 FEET TO INTERSECT THE EASTERLY
RIGHT OF WAY OF COLORADO STATE HIGHWAY NUMBER 82, THEN ALONG SAID EASTERLY
RIGHT OF WAY THE FOLLOWING TWO COURSES,
339.91 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 11320.00
FEET, A CENTRAL ANGLE OF 01 DEGREES 43'14" AND A LONG CHORD WHICH BEARS NORTH
06 DEGREES 53'33" WEST A DISTANCE OF 339.90 FEET;
NORTH 06 DEGREES 02139" WEST A DISTANCE OF 117.23 FEET;
THEN DEPARTING SAID EASTERLY RIGHT OF WAY NORTH 90 DEGREES 00'00" EAST A
DISTANCE OF 84.43 FEET TO INTERSECT THE SOUTHERLY RIGHT OF WAY OF SAID GARFIELD
COUNTY ROAD NUMBER 113,
THEN ALONG SAID SOUTHERLY RIGHT OF WAY THE FOLLOWING TWELVE COURSES;
134.72 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 2567.97
FEET, A CENTRAL ANGLE OF 03 DEGREES 00121" AND A LONG CHORD WHICH BEARS SOUTH
56 DEGREES 04126" EAST A DISTANCE OF 134.70 FEET;
SOUTH 57 DEGREES 34136" EAST A DISTANCE OF 242.62 FEET;
213.78 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 550.98
FEET, A CENTRAL ANGLE OF 22 DEGREES 13151" AND A LONG CHORD WHICH BEARS SOUTH
68 DEGREES 41132" EAST A DISTANCE OF 212.44 FEET;
SOUTH 79 DEGREES 48'27" EAST A DISTANCE OF 61.85 FEET;
152.85 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 944.11
FEET, A CENTRAL ANGLE OF 09 DEGREES 16134" AND A LONG CHORD WHICH BEARS SOUTH
75 DEGREES 10'10" EAST A DISTANCE OF 152.68 FEET;
SOUTH 70 DEGREES 31153" EAST A DISTANCE OF 112.08 FEET;
271.76 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1521.83
FEET, A CENTRAL ANGLE OF 10 DEGREES 13'53" AND A LONG CHORD WHICH BEARS SOUTH
65 DEGREES 24'57" EAST A DISTANCE OF 271.39 FEET;
SOUTH 60 DEGREES 18'00" EAST A DISTANCE OF 45.94 FEET;
259.41 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 819.74
FEET, A CENTRAL ANGLE OF 18 DEGREES 07153" AND A LONG CHORD WHICH BEARS SOUTH
51 DEGREES 14104" EAST A DISTANCE OF 258.33 FEET
SOUTH 42 DEGREES 10107" EAST A DISTANCE OF 105.17 FEET;
SOUTH 41 DEGREES 11'31" EAST A DISTANCE OF 28.08 FEETI
167.53 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 2632.31
FEET, A CENTRAL ANGLE OF 03 DEGREES 3814711 AND A LONG CHORD WHICH BEARS SOUTH
43 DEGREES 00'42" EAST A DISTANCE OF 167.51 FEET TO THE POINT OF
BEGINNING.
ALSO KNOWN AS
Form 952 LEO.7L.LE4TER (03104) ON63003955
oil] lMN1�IL�i+4.�hFII��Ui���U+G��4'M��I�J�CGIIIIN�� 11111
Reception#: 738718
12/05!2007 04:44:33 PM Jean Alberico
6 of a Rec Fee:$41.00 Doc Fee: 69.60 GARFIELD COUNTY GO
EXHIBIT A
PARCEL A
MIDLAND EXEMPTION
COUNTY OF GARPIELD,STATE OF COLORADO
rosin 952 LEOAL.LERT&A (03/04) UP763001055
mill R IVINNI&I IN A' 910T, N IOU h 1111
Reception#: 738718
12/05/2007 04:44:33 PM Jean A16erico
7 of 8 Rec F&&: $41.03 Doc Fee.169.60 GARFIELD COUNTY CO
EXBIIBIT B
Property Address. 82 COUNTY ROAD 113, CARBONDALE, CO 81623
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 December 04,
1894, IN BOOK 12 AT PAGE 339 AND RECORDED NOVEMBER 18, 1893 IN BOOK
12 AT PAGE 255.
RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED December
04, 1894, IN BOOK 12 AT PAGE 339 AND RECORDED NOVEMBER 18, 1893 IN
BOOK 12 AT PAGE 255.
UNDIVIDED 1150 INTEREST OF ALL OIL AND GAS AS RESERVED BY ELLA J.
CHASE IN THE DEED TO ELMER BAIR RECORDED JUNE 12, 1951 IN BOOK 258
AT PAGE 594 AS RECEPTION NO. 176326, AND ANY AND ALL ASSIGNMENTS
THEREOF OR INTERESTS THEREIN.
UNDIVIDED 6 114 % ROYALTY FROM ALL OIL, GAS AND OTHER MINERALS AS
RESERVED BY NEIL S. MINCER AND ERVEN T. LARSON IN THE DEED TO UNION
OIL COMPANY OF CALIFORNIA RECORDED MAY 19, 1967 IN BOOK 384 AT PAGE
358 AS RECEPTION NO. 237942, AND ANY AND ALL ASSIGNMENTS THEREOF OR
INTERESTS THEREIN.
RIGHT OF WAY EASEMENT BEING 10 FEET IN WIDTH AS GRANTED TO THE
MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY BY DOCUMENT RECORDED
SEPTEMBER 12, 1966 IN BOOK 379 AT PAGE 39.
RIGHT OF WAY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION,
INC. BY DOCUMENT RECORDED NOVEMBER 22, 1966 IN BOOK 380 AT PAGE 234.
TERMS, CONDITIONS, PROVISIONS, EASEMENTS AND RIGHTS OF WAY OF
AGREEMENT RECORDED SEPTEMBER 17, 1971 IN BOOK 422 AT PAGE 542.
EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SHOWN ON THE SURVEY
RECORDED APRIL 30, 1990 AS RECEPTION NO. 412106.
EQUESTRIAN ACCESS EASEMENT AND WATER LINE AS SET FORTH IN WARRANTY
DEED RECORDED APRIL 20, 1994 IN BOOK 899 AT PAGE 612.
TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 94-04 RECORDED
April 22, 1994 IN BOOK 899 AT PAGE 736.
TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 92-047 RECORDED May
20, 1992 IN BOOK 831 AT PAGE 970,
ALL REMAINING OIL, GAS, OIL SHALE AND ANY AND ALL MINERAL INTEREST OF
WHATEVER NATURE NOT PREVIOUSLY RESERVED, WITHOUT THE RIGHT OF SURFACE
ENTRY AS RESERVED IN INSTRUMENT RECORDED MAY 28, 1992 IN BOOK 832 AT
PAGE 789, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN.
Form 100 B2EXHIBIT.ESCROW.LEGAL 09/26/07 63001855
0Illli�'i.��1�1�4•��P�I��I���U+4��IrhMfl���til�l I��tiINI� �IIII
Reception*t 731718
1210512D"7 04:4433 P. lean Allier ico
B of 8 Ree Fee:$41.00 Doc Fee:169.60 GRRFIELD COUNTY CO
EXHIBIT B
Property Address. 82 COUNTY ROAD 113, CARBONDALE, CO 81623
TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 93-045 RECORDED
June 08, 1993 IN BOOK 865 AT PAGE 32.
ANY QUESTION, DISPUTE OR ADVERSE CLAIMS AS TO ANY LOSS OR GAIN OF
LAND AS A RESULT OF ANY CHANGE IN THE RIVER BED LOCATION BY NATURAL
OR OTHER THAN NATURAL CAUSES, OR ALTERATION THROUGH ANY CAUSE,
NATURAL OR UNNATURAL, OF THE CENTER THREAD, BANK, CHANNEL OR FLOW OF
WATERS IN CATTLE CREEK 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, .
EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SHOWN ON THE MIDLAND
EXEMPTION PLAT RECORDED APRIL 19, 1994 AS RECEPTION NO. 461990.
ENCROACHMENT OF ASPHALT DRIVE ONTO RIGHT OF WAY FOR ROAD AS SHOWN ON
IMPROVEMENT SURVEY DATED AUGUST 30, 2005 PREPARED BY TUTTLE
SURVEYING.
EASEMENTS FOR UNDERGROUND WATER LINE AND CMP PIPE AS SHOWN ON
IMPROVEMENT SURVEY DATED AUGUST 30, 2005 PREPARED BY TUTTLE
SURVEYING.
TERMS, CONDITIONS AND PROVISIONS OF PERMIT RECORDED May 07, 2007 IN
BOOK 1923 AT PAGE 413,
TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED May
09, 2007 IN BOOK 1924 AT PAGE 334.
Form 100 B2EXHIBIT.ESCRON.LEGAL 09/26/07 63001855