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Doc .#180623 ..5..e ff ? i /zp4 rile_ '..+ -- owe iia 3-. s—i s ti ,t�:j LAST WILL AND TESTAMENT 1 a I, IIATTIE HOLLAND, of Carbondale, County of Garfield, State of' Colo,.;r.adoo,A. being of sound and disposing mind and (memory, db herebyp make, .ub-1��•ish,sand'A ' declare this to be my last will and testament, hereby revoking any, and all wills and codicils heretofore made and declared by me, that is to'da; First, I hereby nominate and. appoint my nephew, Lewis R. Thompson oifarbond ale, Colorado, and Frank Delaney of Glenwood Springs, Oolorad•o, as exec.fors of this my last will and testament. . Second, I hereby give, devise and bequeath unto my nephew•, Lewis R. Thompson all land owned by me and situate on the' South and West side of the Crystal River, the same being that part of my' ranch property commonly referred to as the home place, the Carter place, arid the Bowles place,' which is across and on the South and Westsideof said river. - Third, I also give, devise and •bequeath unto . my nephew, .Lewis R. Thompson, of Carbondale, Colorado, the residence property sir in• which I live, the same • being a brick house with all outbuildings used in connection therewith, and . also the tract of land or enclosure within the fence which surrounds said dwelling house and outbuildlings and -the small c -ow pasture enclosed by a fence situate immediately adjacent and immediately- 'West of the enclosure about said residence property. Said enclosure about said dwelling house and the cow pasture may be, by my executors, surveyed 'and more particularly described, and said executors .are authori:zeddntoeercecute `etc'deed of conveyance or other instrument as may be necessary: 'to;, .ore egrly:' .6.ee.r:Jbed': said cow pasture and enclosure about said residerio Q:,:• for kitheg p .rp'ase oEf.'•nticazig.x et .making title thereto clear and unambiguous. L%.i:6`L ...• -,,z .2o- •. wur:: t; - .:.r ;u.=;Ti' Fourth, I hereby giver, :•devseo and :bequ aptitr,it-o:rrtrytiltbbree :nieces,.• •Carrie Preede of Long Beach, Cal torn+irk ,the1 tr bko:of (faun •'•Glilead --Ohto 6knd Kate Phelps of Cleveland, Ohio', share and'share alike, all United States. Bohds, Mix Liberty B:onde;...TX.ea,s:ury-LB.:ond.s ilandd United States Treasury. Notes or other obligations 'of athe jtixt.Lbed -S WeTii ;'owne.d*and po.streosaeti:. lfe . ,rt ate time my.... . • death. I also, g•tvel.e.ccleviiese and..{,bequ= h --tot nyi4GL see• ni.� •2 sit axeaictal.. share -- alike, all bed and table Zine: �,: odi.she4oidki=tchrert=,tit ns11- wh : s EhY-I have at' the time of my death. I also give to the said trhee nieces, share and share alike, suchhousehold furniture -ai•n: ny;.ahomiD;a;•s •trey:.mar ,d3eitire to select and take I give and bequeath -:a1:1-. of said f uriniiture , in,.:my :said -hare o°1 'eelec ted by. my said three nieces, to my 4.aniakew NasvgdzxGareph :w; .°,Lewis ai;' Tranlpb"d'n -c; I also, give, devise and bequeath to my said trhee nieces, Carrie Preede, Ethel Whiston and at Phelps, �aka$xex dx share and ,share alike, all my llewely, I further auth oni.z a and. e�=e p.owr anyu:: sa id,.•. -tba ite e: rni'ee; a ®• ta-edg `e a upon a division of the•Uni.terd.:eta-Les wob1igati-oxns . or- band -8,c tim "idnenr•-j•ewelry and other _personal.:pr.00.e ty .hereby bequeathed; and' in %theyevsntrrthart• thlr3y -fail to. db so, my executors are h erebyvaut orized• - and' .emp-o rerecl' --bo tiake:! °such •division on a fair and equitable basis. Fifth, I hereby give, devise and bequeath to my two nieces, Ethel Whiston a and Kate Phelps, the equal propertiond, except as hereinafter stated, all my silverware. I bequeath to ' my ne ice, Ethel Whiston, the larger silverware service consisting of ateapot, coffeepot, sugar bowl, cream pitcher, tray and bowl, and to my niece, Kate Phelps, the smaller service consisting of a sugar bowl, cream pitcher and tray. . Sixth, in theevini that my brother, Alexander J. Thompson survives me, but not `othekyit§ , lg ve, bequeath and devise to my said executors for the use and be�,e.fit' of the 4d. Alexander ° J. Thompson, to be taken out of the proceeds S0....;er.propertvot herein •sioec if ica1:1y �dearased or bequeathed, a suff ici . lt:: *I: f?::Money, i .ot exceeding:Eight .:Thousa.nd. Dollars:= ( ,000, 00) howeverr ,'�'� a;Ip�ay,;'.t1 a morig;a;e indebted ess 'againet!:the ranch property now owned b -' ;, •said .*brother ,Alexander J', . TIron so 'M s. i :"e a are to be entitiec�i:;:�ta�`;�:take said 3, irn of money p" ' ��'' ` -' y - �'= �ceeutor x... , out of the proceeds 'of the property hereby beea.d and dey•sed in true at such time, as the said f ... A.017:1 : ands may .3' S!{"r'! of become .amailable, in accordance with t1e terms of this will. Un �•, full amount is available from the sale of property ill the p nerty de�sed and b�uea,thed in trust, my said executors are author'? zed to..make n tial p a e tiE.of inter. st or principal on said rn-ortgagel.: in or•.cde:r o re., ' s1 :.�, nr�.�ent fore'c��•.os =e thereof Seventh I h � erQof hereby de•v is'e : and. bequeath unt Jo ne hl.L Lewis c ,� , ,.,�r Ra v wh a. to h1,7.1:1., ' , . ��.,. Y� P ew i s '�.. �.�,.p s on, s usband of .` y .r ,, e�•e ,E the 1 •g °�, Deland of Glenwood -'; m ,�i� , r:� - ., e��.ori� • of unt G ilead.���'•� ��;'rid. Frank y enwood r In ,". :� . s :•£o1:'br ,do . ; :. A• h e %Qr Ei s ur pees hereinafterg� ' , -:n us neve el ss .,.�'-=`: .-_ ,�; ~ee and p p set - •forth, -. All th,,e•;r0:fe•t•'�� • property of every,'kind• and: �chaS.a;� ., •�:,� an_+ ..,���---,,�r.,�eszd., #and re�ai�-dr;�of;,m3� . er • er; er si a,te in. gi Ln ' ' real estate situate in Guru `....3 �� ' . �-I �-sew:'= �'�� ' ��'�:_;:,:..;.? .'i` the 1aor Iigaoi • '` • : e o r. ado I Said T .. o y, ...,;. � :. rJ.i ..�,,,. , . �,�•. r �Sr to B.$� are hereby authorized, empowered ,rid -directed to Told ands' is o se ot7.-sa c .:+ roe on the following conditions: • P ,ti,,,.;,.,~ ; y�,;,.,•`3p ?erty (a) During the priod of administration. of said estate, which period may, in the discretion of my executors, continue •for two years after my death, the rents, issues and profits and income from the property covered,aythis clause of my will, may be collected by my executors and applied towards the payment of claims against my estate, in the order of their priority, and if necessary, my -executors mayraise -sufficient funds topay the expense of my last illness and burial and expensee of •administration of my estate by pledge, sale or hypotheQ:at•ion .of :ka c �,r. .g.p xtt3 d;e��r4951 pr bsequeathed in trust under the terms of this will ., me her _� :ora _5�1�?u,, h•. t �°4i.a.��ay .b���:; �..� a e.s�ry . �, (b) Sa�i'd,,Tr..0 tees .are a .thoa� gpc, d.4.9cted.-a.n . ' a of'said property:,,. or, the �..o • c�.s.:,of � th� ..' � .�•�P �werea�,•,t.o ;:..sail ze out t . : • ....g r e .ahs ct.h e r sof .,., ;s f 1.o. i.en t fund . �. Ji_� s .:. s to pay the mortgage .ori 'the pr ooerty o± Arexander J. Thompson, subject t.o.. and in accordance with the conditions of paragraph 6 of thief will. (0) Said,..trus ees. are„Lhr % a�'p�•�� authox�3��•ecle:��,dae�?powereei at any time within five years from tie...date off` ` ray i01., aid 1n a,ll_ events withi n : sa:id ' of time, to sell ani die ose o� � � r �.. .a�� � � '�_�::. ...� ... .. _ �xg�x peria the same me, othe-� p �:: e, P,ronenj�.y cover -ed by..:: th4,s •.re-,siduary c lause, being p.. operty cue rised'� and bequeathed in trust herein. Said trustees ma uge:.their own sc...e.t4. nt,witA:tn, t1 s ''m, is herein fixed as to the • t Im e • efn spanner - of.. m ak t .�}a.),e .. of :' sa► s dy e .�J � a.•'1 Y _� vG� ,�': •,.. w:sv J.1 +jam. � V '�t- Ilrs•1 1� authorized �o ..execute. de • o c.o � -J .� .•��� �-�-,�' ...,.�C��. ac�dv����•.es are hereby . per.:y t; ? Yey,a sJ,: ?d th. r:, ,nstr� ts9�t�,o transfer title to said 'pr operty. or to pledge or. Tiyppt1ec,t0_-.A e: -s• :e rwitho:ut applic at ion to or confirmation by any Cowl t, excep.t as may otherwise be required by the Vlaw of the State. of Coloado. � : : ... .. y .` p;,::(017,-:„,,,„ - • (d) Within one year of ter al ..rpesaz d .,pr_oper ty...has-_.been -converted into . cash, and in any event within six ye.azr.s: fr.om•jthe- date of • rn3r: death said trustee dry the survivors of them„th.en ,.a;;cting.,-ijare hereby directed to, endow, enlarge or otherwise finance _ the' o,erat ions and expenses in ih ole pr., ..in part of nal any children's orphanage;' for white chit en,. E 'x 6ituatr�_,:ti thin the State of Colorado. I shall expect- said trustees - to follow any writ ten directions left by me at the time of my death withrespect to the orphanage to be benefited under the terms of this will and the terms and conditions upon which the funds available under this will for that purpose are to be expended. But if no such directions are left byrne, then my said trustees shall be authorized in their discretion within the limits fixed by law, to determine the particular yaha.rity or orphanage to be selected :by my trustees and the terms and conc-Mizmir-apir,--vnT65 the money availabre, hereunder for such charity or orphange shall be expended. (e) $aid trustees, -rare in their discretion authorized and empowered to invest and re -invest any surplus funds of said trust in safe, interest -bearing - securities of the chera.cter authorized by the laws of the State of Colomtdo. Said Trustess may also, upon termination of said trust, place said' funds in trust for any such orphanage or charity for a period not twenty-one exceeding --one years. ._,., Y 8. I hereby expressly state • and declare .that T have not Pze_. ooated or forgotten other relatives, including • £ bro•ther''� and va io,ts neoh P*'s`•� �hiec es a other L tivee. I have, hewever, •omi ted certain of =said rela• x' !"kyr.` an( reason that they ha'yA.!:-E f�f ic•:i• . mean of ,� ay the x,�� . .,� their own d others;.vr'+fie I do not feel obligated or morr-aL•l - ► -,. !�• ,�• IN •S H� SOF � :.Y �-Ua�nd�. to 'make prom s s for �, . ,��''��' WITNE w iR i , I have.ier� unto) .•s' e -.- ..` .:.• November A D 1 �• �� •�,, _.._� . ._.,,. ;,et my�..ha.nd .slnd s•�a.,ivikEligu ��:'�'�� ��� 1a•Y of �.= ��,�. �f: ,". :F+,,i4Jt;�,�.7 AT �' HOLLA The foregoing instr"urnent, .cons St1n "b �-'fbt t ne it _, `�; Y_ sen nagersi::'�.e;aides this page was on this the 9th .of November, A. D. 194. ..,by the --t-et ;a,"tff Hattie Holland, signed, published and declared to be her -last will and testament in o'ur presence,* and at her request, and in her presence, and in the presence of each other, we have signed said instrument as subscribing witnesse thereto. EDITH MARIE JOHNSON ETHEL DELANEY Frank Delaney (SEAL Address Glenwood Sorings,Colorado (SEAL) Address Glenwood Soringe,Colorado si AL STATE OF COLO COL0F sB .1 .•f •'••iw�b�Ii+•i�:•r� { ` Tzlfd vv1COJNTY OF GARFXFLD . . O C: R. Sz J i �:.. :•1. • IN THE MATTER OF THE ESTATE ) OF ) DRRPLAIN WAG_ 'XECTJTOR AND .. • s.'3 .:...Li«t :r js�� 4iv,fi :J '�'7 (q .moi N. HATTIE HOLLAND, DEC�.•FI _ 11.1.1 f: J{i ..,ita;.ri .i xsV..'.�`.. •Iii '.tyr1 += • ti . On, this; th,?. 19th day of, May.,, 1. 1 C t a on the motion and the ,, 1'ice,'t�'o,n -of' ...'�'��� `;.,�; 'i r: ��-9�,rn�•,��t ;r came on P "arid" ,• , .,:.Le* ,..tri `,Wmp :.cin+ . o alLpo e ex99 4r in the above entitled 'Estate and for. A .or.dr to_f e._Qnd a,s such and it appear ing..t=o 'the" Y�oi�ir•t ��tha:t tY�e�i '�`R"�•' ° � �.L`�s_ . �r,. , c executoY ,x8trtnE:,fur.. Qr gr. to ,be the Last Will and testament of the deceased was offered for '' rot`at'e' nd P fit d th r P � a a .;cav ,,at was e e,__ a to .and upon ,tri 1 e of • a t . �h � �,-: T �.a.th i� .C�rOur_t•n�t was found that 'said instrumefit: was' the ''LasV.. Wi],1 and 71:o.131701,,,ent „og;� tlie.t.•d.ec;ea; ed.,c and, thereupon an appeal was had by . the • Onto stantsto?.-t4,6 b.�,st c Color ad.o and �• ;.• �., �:.CAux���l,Q`;��,��,�rf.'eld County, such' proc&ec inga.'were 'iia, n, the . Distric:t. C �• •; ?r.���'r�: ,... t� . Qui �,:�li�i�t�, it was final] ascertained and de.t ' m' .ped t°•h,ete in thri t' said, r• ins.trur:�erit'is and was the L will• and Testament o� � �••• �� • ast thea deceased, ,nod is epi tled. ':#p •pro ate, .6,nd the matter was remanded to this Court -tor further 'proceed'ing in accords,nce with the law. Now theref ore, in accordance with the facts aforesaid,• IT IS 'ORDERED, That said instrument so .presented as he Last Will and Testa- ment of the deceased be and the same is hereby admitted to probate. IT IS FLTRTHER ORDERED, That the said Lewis R. Thompson, as Executor, should be .required to give bond as such inthe penal sum of One Hundred Twenty --f ivee Thousand Dollars $125,000.00) to be conitioned as required by statute. IT I S FURTHER ORDERED, That when such bond is furnished and approved by this r .,our+that letters testamentary be issued to the said Lewis R. Thompson as the ixecutor of said Estate. STATE OF COLORADO C0UNT7 OF G ARF IELD IN TF'N'tzlakTiTER OF THE HATTIE HOL'AND, , JAR :. ?,�N3+:inn .th�i s day s s..3;1t �•h Done in open Court, By the ESTATE OF ) DECEASED ) DECREE OF FINAL SETTLEMENT comes Lewis R. Thompeon, the Executor of the /.0 IN THE DOCKET Court: Wm. ltha Mason, Judge C O UNTY COURT FILE NO. 7-1'755 • Estate of Hattie Holland, deceased, and presents to the Court •a final report of his acts and doings as such, asks that `the same be approved and that he be d isbharged and said estate decreed to be fully administered according t.o....ra . And it appearing to the Court, from the records and file s her a in,,. ,anf " the Court doth find. that Hattie Holland deuartdd this life on. or.:.about.•-:the 14th day of August,A.� ••y., D.1944, and; thereafter Lewis R. Thompson was duly appointed Executor of said Estate. •, e a ��' And if f ur th er appearing ring to the' Court and the Court doth f incf--�'ti"a`` a notice to claimants to file claims against said Estate was publish% :'i i the manner and as required by law, and- that all calicos presented for allowance I been allowed by the Court and said claims and all costs of administration and inheritance taxes have been paid and that the Clerk of this Court has sent notices to all claimants whose claims had not been allowed or disalloi by this Court, of the date fixed whose final settlement as required by lawand such claims of such claimants have been allowed and satiated or . disallowed. And the Court doth further find that the statutory period for filing claims has elapsed and that 'there has been published, in the manner andas required by law, a notice that said final report would be presented for .fina settlement on Monday, the 17th day of October, A. D. 1949, and that the hearing thereon was regularly continued to this date`, The Court finds that said Executor has -delivered all of the bonds, jewel linen, ailverwa.re and other i terns' of property spec if ical•ly bequeathed to Carrie Pre ede, Ethel.'Whiston And Kate sPliel 's aid receipts thereof r;• all of wh`ic•h.l.have been filed 'as :a part of and have ftinal Report here•in,.,and . it appearing_ $rom paid Report;.': andpthe Courtdoesfind that said Lewis R..Thom a on •aa ,ice o p cut•or: ha,s=rec-eive�. �n his capacity. as sale Executor, the:-.summ of $96,.428:84 :and..'ha•swexoended • th-6 •sum% of .$38; 4-89.04, leaving in his hands the sum'. of 4574 9"39780: •, That all -of 'said guru is to be distributed to Lewis R. Thompson, Ray Whiston andFrank Delaney, Trustees, for the uses .;•a;ndt. 5tuTno.ses::set, fo;r:th• in the seventh subdivision of the Last Will and tee azt:aajeri+i-,ot s•a 'd'°= d b ewsedr: at T'nemCuurt **Jiff th•et f inds that • the dec eassdz;apec_iiftc arlfly :d•evi.edr toy -r athicmp sick .•c t"'ert :-in"-re"al .pro j)ert :under the s econd. and thiirdb:s bdivdki l.•bfa<the cutistnW-i•1r1- and- -Testament of sa decedent. The Court finds that thy;: property devised under the third paragra of said Last:!W Ii:.andT:estainent. bass b:e'elt sjxrve r'ed -and- a prope • description of said property.. isr as•. follows: -• - :• • :�: - '` A tract of land situate. tn:Lot 5-x0g-x•Se s.. r •T:p...8. S , R•.L'8.8 W. :;6•thP. M. described as follows:Comrnenc ing at Corner No. 1, from whence the section corner commn rt oo sections 33 and 34; T. 7 s., R. 88 W. 6th P. M., and Sections 3 ,:ands. 1-; Tip . •.. 8.. g; , - R' . ig8 c : 2 6th'; P':North' 15.660 8' W. 13 6 feet,thence �- � . ? • .7.°1: iL 182 p fe•ett• 'to !Corner 103.. 21:.7 thler t e •S�..' S5a.39 t ??• F 234.0feetr�t - E. o -corner•::No.:.3, thence: S.: t6C�022:::..:E::• 41i.o :feet f:.to Thence N. 1°460 Dflri�e�r No. W. 506•.:4•feet. toga x er ;N0i; :5r., :th-ence=;-S';- �7. :6U W. 646. feet to corner No. 1, theplace of begginning 5 Together with an undivided 1/60 patt of the interest formerly owned by Hattie Holland in and to the Carbondale Ditch and water rights adjudicated •thereto, the same being Ditch No. 117 in the decrees of the District Court of Garfield County, Coloradofor WatOr District No. 38, with Priorities numbe: ed 169 and 4C8 respectively; also a an appurtenance thereto, a right of wa for a private road 30 ft. in width, The South end of the Fa g arid road commences f st line of ... feet West of • Corenr No. 5 of the above described trac• and e' c: e'rxl's.:;thence No th 3029, West 1123.0 f e above �3 • � + to the public h ighway. . The s.4nd '7.ies subject j o as easemer • or right of way for a provate road. 15 fee w fcl�'ey;:e=�"t�er�ding f ' � _ �„, �f, �orrmCorner No. to Cornea, .No; •5 along the North line of s a. id�:iand.. rt.•.. if 1f:?R. 1'�;.� •..�p t fur r minds thy,, the property M.:bequeathed to. said Lewis der Pa r a, h 2 of is de s��s%b`.��� as f llo "� g p thy Last Wi11, and=,Te•��•tament of said deo paei L •IIt't b, 8 and= and the pF� ✓ �`.. E pE a and that part of Lots 1 and South a�.��, t of the!' � =enter line r}� the Crystal ?' s i tiny t' r.,,Y�• ry River, , all i gs t; -7;L.,0'• . J A j� y w .� • Tn .,,g S., R. 88 TM. 6th P .. M . Lots 12 , 13 and and .•• . . �15 Otiose parts,-..��_,� Lots '5,10, 1.1, ]. -"and 16'situate South and West of the Crys• :41 River, -''• .r. Section 3,:Tp•. g S. R. gg W. �a, ,,pl.11 ��n 6th P M. !, the boundaries of Lots': t a ' 'S.• �.Q.`11 that part of Lot 1 adjoining Lot 11' be fixed _,r; and t tip xed at tile cent,er�.;�Nl�•!��• f Lot Crthe ystal River and-.'the.'b6pjida..•r.•ie$, o Lot 16 and t 4147042i-{'rshe No�rheast ba k of aad os..ni h� t part be fixed,t t_ the Crys y 1 ir.*Y.R-•w.;-•,... j portion of Lots 15% and. 1 r c �3.,�� P $• , R � W. 6th'='+'`'' `' r ,:a; that 5 9 r Section ... 3z ;mgr= r�•x, tete West of the center line of the • Crystal Rive and N ' ' s. ,• .' of t and West m Qr-th of • he old' 'd ' t cunni East �s a (Var. I E. through t �•. n between Sections an � � a •�'O �' 6.D i.��eet N� nth of the:. �,��:�� :�ornpr 3; d 10, Tp . g S. , R. -gg W. 6th P. . and cona in ng 2.8 acres, more or less; together with the right ofxistrx •'ay for s:''`ro•ad' 20 -feet wide .commencing at a point on the EaBt bank of Rock Creek, now known as the Crystal River, whence the South -1/l. corner of Sec t-ion3, ,Tp .8 S., R. 88 w. 6th P.M. bears South 33°20' West (var. 15 • East) 1255.6 feet, thence 10 feet wide on each side of center line running North 54030' East through and to the East line of Lot 16'in said Section 3, as shown on the map mentioned in that certaii Warranty Deed appearing of record in the office of the County Clerk and Recorder of Garfield County, Colorado as Document No. 19879 in book 44 at page 112 y g Together with .the water .r.igat a d cii`••. '' , . .: _:. e m , �,tph r zgl . t s.• �,pge.r.t ; a ng;, •thereto • and particularly but not exclusively, ,.the Bogies,1and. RcI1ard r Alto- and the water rights as j ud ic.a.t ed;, thereto, t i,e -, §am.e : b e i.ng D•.it c.h +N o . 46 An the decrees of th District Court. of ..Gaif ie�.d County, Colar adr�f or Watd-r District No.. 3g; e reserving, however, all railroad rights of way and roadways of a public nature. And the Co.0•±t. doth further find.' t4at sati c.. Lewis :,R. Thompson has faithfully administered a the state ;Qf ea..id:de.ceased,:�, hic � hh : a s, c ome,;zto h.$ s •hands andhas fully performed Ms duties as.:such� and ,asp fgaxxxx .p.zay.icied. by. law. IT IS THEREFORE ORDERED, • ADJUDGED AND DECREED"' THAT the sa id final report and al lac i s and d o in s of aa..id.:.Exec utor, 1 g 3nf. and_ ab�.ut• the administration of the said Estate ;be, and the .• same. are , he'rebv: i� . ����rn�atx c •onf •firmed nd ,a D.rov d n,� �. ],,r th ing�,i�f �..1.,17 :;� �t:i#': l ed arAcixx p.. _.•e . ...the bour,.�t,1.,ar4 - the,sari,d.:Esecutor is further r ordered to distribute the money h h i{s•:•ha:h4 Ito the- , bove named hart les respectively, or to their legalreprese,ntatives, in the amount as above set forth, and have. so distributed .the.. s e_ a,nd havl.ng.filed proper 'receipts there- for in this Court,that„he . '���' ` ' be , discha'ed•r and •his,..bond3sm.en -r.leased from further liability in :t -he premises. . Done in open Court this . 31st ~ a• of M rch . 5 • - � .. .aay. a �:.A. D. 19:0, • . IT the Court, : _ •-.. . ” /. ,.Marie 8...Holloway, � J i 'And complete copies of Last Will. ::appointing Executor and Fixing Bond Garfield County, Court, by Marie the County Court, on April 6, th :952; at10; 15 o'clock A. t,. in book Z‘,‘ Certified to as a true,; and Testament of Hattie Holla. d, Order and Decree of Final Settlement filed' i S. Holloway, Judge and Acting Clerk of A. D. 1950. Filed for record C.c:tober g, at page jo thereof. ucge. Doc.#171205 Lewis R. Thompson, as Executor of -the Estate of Hattie Holland, Deceased ADMINISTRATORTS DEED To Dated November 18, 1947. Ack. Nov. 18, 1947, before Ethel uus Darien Delaney,. N. P., Garfield County, Colorado. $ Consideration $18,254.00 1 I. R. S. $1$.35 Recites that in the County court of to Count of Colorado, on the 8th day of July, A. D. �1:9 iny Garfield, i n the State of Hattie Holland, Deceased,. an order authorizing matter of the estateof Real - Estate hereinafter described was made and. entered ofrrecord.ection s ale of the And Whereas, the said party of th4 first part did, on the 24th dayO A, D. 1947, s ell at private, sale, for th:e total sum of $p1$ 2 ,Op of October, the second part, thexm hereinafter described real estate pursuantttoo tandparty of complairce with said order of the Court. in full And Whereas, on the 18th day of November, A. 1'. 1947, the said art part as Executor of said estate. as aforesaid, submitted to the Said Court the rep o of such sale so made as aforesaid. P And Thereafter, an Order confirming the said sale of Real Estate was mad entered of record in the matter of said estate; which order is as follows, made and STATE OF COLORADO COUNTY OF GARFIELD In the matter of the Estate of Hattie Holland, Deceased. IN THE COUNTY COURT ORDER CONFIRMING SALE OF REAL ESTATE. Now on this day.comes Lewis R. 2hompson, Executor of said estate, inerson- a by Frank Delaney, his attorney.and this matter, having been heretofor continu n to this day, comes on .kit to be heard upon the report ort of zale of • made under 'and by, virtue of. the decree troll this`'ourt. real estate, And it appearing to the satisfaction. -o the Court that in • makin said Lewis A. Thompson, as Executor, has:in all respects g said sale,h'hey law in such case made and provided; and with the decrees of thisc�mprted with the It is Therefore, Ordered, Adjudged and Decreed, Thatode . Lewis R. Thompsonas such Executor, to Gus Darin oftheefollo made by describedtisaid oi or parcels of land, situate in the County of Garfield, State ofw- it Lots 6, Colorado, to wit' 7, 9 and that part of Lot 10 north and east of the center line of the Crystal iver, all in Section 3, Tp. $, p., R. $$ W., 6th P. M. All portion of Lot 1$ of Section 34, Tp. 7, b, R. $$ W., 6th P. M. 11 thatot Section 3, Tp.$, S., R. $$ W. 6th P.N. ' situate: ,and Lot � '3 ' of . , , , , west of the west line of the right of way of the Crystal River Railway Company, containing 5.637 acres, more or less. Also those 'parts of Lots 11 ang 14 situate north and east of the cente) line of the Crystal River in Section 3, . $ S, A. W., that part of said Lot 14 described as og lows ! Commencng at the 6th P. t`' , exceptt of the East bank of Rock Creek, now- know as the Crystal River, and nthe swesion line of Lot_,16 of Section 3, Tp.$,. S, , $$ W• 6th P. M, est along the'% 'st bank of said Crystal: Rive to its } intersection twith the hence rrhe lin( south lin( of Lot 10 in said Section 3, thence east along the o line of Lot 10 to the. Northwest corner of Lot 16. in_ said Secti n 3, thenc"� hn the west Lot 16 to the place of beginning. g line of said Together with the ditch and water righ s appertaining thereto and particularly but not exclusively an undivided 1/5th terest in and to the Llla Ditch and the water right adjudicated thereto, the sa being Ditch No. 127-A and also a 9/20ths part of the interest of Ha.H lland in and to the Carbondale Ditch and the water rightsadjudicated thereto, the same being Ditch No. ix 117 in the decrees of the District ourt of Ga rf ie d County, Colorado, for Fvater District No. 3 $x4f or the sum of $18,254.00 said sum being more than the appraised value • of sai described real estate, said sum is not disproportionate to the value of said real estate a greater . sum not bei g obtainable, be and the same is hereb approved and, confirmed. _ yy ofr MEAD OFFICE PHILADELPHIA FOUNDED f�i„ D. 1792 • GtENWOOD INSURANCE AGENCY CARLETON L. HUBBARD, AGENT 300 8TH STREET GLENWOOD SPRINGS, COLO. CAPITAL 312,000.000 estate, make, execute, acknowledge and deliver unto the said Gus Darien a good an sufficient deed of conveyance, conveying tosaid purchaser, all the right, title interest and estate in .and to the said premises and property so sold, which the said Hattie Holland had therein at the time of her deceased, with kmk the same effect as if made by said decedent during her lifetime. And it is Further Ordered, That said ;report so made as aforesaid be and' it is hereby approved and that the same be and it is hereby ordered recorded. Done in open court this 18th day of NLvember, „A. D. 1947. y the Court, 1 rt, Wm. Atha 1 ason, County Judge. I; Marie S. Holloway, Judge and Acting Clerk of the aunty Court in and for the Countyof Garfield and State of Colorado, do hereby certify that an order authorizing and direction the sale of the Real Estate was made and entered of record and that the order confirming Sale of Real Estate, as recited in the withi and foregoing Deed, is a full, true and complete copy of the same as it remains of record and on file in my office. Witness my hand and seal tia of said Court at Glenwood Springs, Colorado, in sai County this 20th day of February, A. D. 1950. .. Maries S. Holloway, Judge and Acting L'lerk of .__••Count " oiiri. .__ . .- . Filed for r e.cord Feb. 20, 1950 at' 3:40 P. M., in book -25e2 page y.?� D©c.#171202 Charles W. Tharp WARRANTY DEED Zkx - JOINT TENANTS To Dated Feb. 14, 1950. Ack.. Feb. 15, 1950, before Ramona Charles W. Tharp and Young, N. P., Count Gladys E. it Tharp Colorado. y' Consideration $10.00 (Jt. Tenancy Clause here) Conveys all that part of Lot North and East of the center line ovfsth �'Crystal p8, S �' R. 88 W• , 6th P. M. , sit Lot 5 in Sec. 3,Tp. 8, Riv er, ale© all of that part S. , R.88 W. , th P. M., situate North and East of th, center line of the Crystal River, save d except that part described as follows: Commencing at Corner No. 1 f which the .section corner common to Sections 33 and. 34, Tp. 7, S., R. 88 W. , 6th P. M., and Sections 3 and 4, Tp. 8, . , R. 88 W., 6th P. M., bears North 6o 3' W. 1565.31 feet thence S. 37°15' East 182.0 feet to corner No. 2, thence S. 55°39' East 234.0 feet to Corner No. 3, thence S. 58°30' E. 392.59 feet to co ner No. 4, thence N. 0°55' E. 506.4 feet to corner No. 5 thence S. 87°56' liest 646.5 feet to Corner No. 1, the place of beginning, A-iothat part of.L t 11, .Section 3, Tp. 8, S.., R. 88 W, 6th P. M., situate North and East of th` Crystal River; subject to a right of way or easement for a private road 30 f et in width as now constructed and in use, the center line of which is descritted as follows: Beginning at a point from whence the section corner common $•o' Sections 33 and. 34, Tp. 7, S., R. 8 8 W., 6th P. M., and Sections 3 and 4, Tp:.1 8, S., R. 88 W., 6th P. M., bears North 60°53' 53 W. 1565.31 feet, thence extendingI' from said point South 87°56' West 915 feet, thence South' 77 50 West 450 ;fleet to the East bank of Rock Creek, also known as the Crystal River. Together 700, h the water rights and ditch rights appertaining thereto, and particular10 t not exclusively an undivided 8/60ths part of the interest owned by Hatt iei H:rt, and in and to the Carbondale Ditch• and t he water rights adjudicated theret - same being Ditch No, 117 with _ 511 " 7T1ities Nos. r6 ' and 408 in the(ora' of the District Court - oY Garfield~ County, Colorado, in and for Water. .istxict No. 38. Filed for record Feb. 20, 1950 at 3:34 P. M., in book r page 1/36 Doc.#171203 Gus Darien To Charles W. Tharp and Gladys E. Tharp 1 (Jt. Tenancy Clause here) d Convey that part of Lot 18, Sec. 34, Tp. 7, S., R. 88 W., 6th P. M., lying Westerly of the County Road. Also, d. that part of Lots 10, 11 and 14, Sec. 3, Tp. 8, S., R. 88 W., 6th P. M., situate North and East .of the Crystal R er, and that part of Lots 3, 6, 7, • and 9, Sec. 3, Tp. 8, S., R. 88 W., 6th P.- MI., lying Westerly of the' County Road, containing 94 acres more or less. For al fuller description of the location - txx of said County Road, reference is ma3e to alat thereof of r p e prepared by Tom Walker and filed in the Office of the County C. & R. of Garfield Co. Colo. on Jan. 26, 1950 as Doc. No. 170992. Together with all ditch and water rights appertaining to, or used in connection with said land, said ditch and water rights being more particularly an undivided 4/20ths part of the int er st formerly owned by Hattie Holland in and to the Carbondale Ditch and the water rights dd adjudicated thereto, the same b ein.g Ditch No. 117 in the decrees of the District Court of Garfield County,' Color.do for Water District No. 38. Filed for record Feb.20, 1950 at 3:36 . M., in book 4/i page 4132- i WARRANTY . DEED - • JOINT T ENANT S Dated Feb. 14, 1950. Ack. Feb. 14, 1950 before Ethel Delaney, N. P., Garfield Count polo . Cone. 010.00 Rev. $ 10.00 Charles W. Tharp and Gladys E. Tharp To • Lewis R. Thompson Conveys Tract No. 1: !/ All that part of Lot 71. of Section 4, Tp. $, S., R. $$ W:, 6th P. M., situate North and Eft of the..center line of the. Crystal River; •also all of yy%:;���•, that part of Lot 5 in Sec, 3 To. S. R. $$ uV'- 's , , . ,. 6th P. M.' situate North AW'.and East of the center line' ofthe Crystal River, s ave and except th=t part l�a41 described as follows: Commencing at Corner No. 1.from which the .section ..;. corner common to Sections 33' and 34,• Tp. 7, S.,. R. 8$ W• 6th P.M Sections 3 and 4, '2p. $, S., R..88 .bv• , 6th' P. M. , bears North 60'53' W. 1565.31 feet thence 'S• 37°15'_ East 1823 feet to corner No. 2, thence S. 55°39' East 234.0 feet �to Corner No.yj,(thence S. -5$°30'. E.' 392.59 feet to Corner No. 4, thence N.. 0055' E. 506;4 feet to .corner Nd. 5,thence S. 87°56' W. 6 6.5 feet to' Corner No.. 1', . the place of beginnin, also that part of Lot 11, Section 3, Tp. 8, S.', R. 88.W, bth P. M. , situate North and East of the Crystal River, subject to' a rig . of way or easement for a orivate road 30 feet in width as now construct d and in .use, :the center line of which is described asfollows: Beginn'ng at a poin•from whence the section corner common to Sections 33 and 34, T T. 7, b, , R. 88‘w., 6th P. M., and Sections 3. and 4, Tp. 8, S., R. $$• ., 6th r. I''1. , bears North 60 53' W. 1565.31 feet, thence extending from said point South 87°56' West 915 feet . South 7705p! west 450 feet to the .East bank of Rock Creek, also known as the Crystal River. Together with the waterights .and ditch rights appertaining thereto and particularly but not an undivided $ 60ths P y exclusively � part of t interest owned by Hattie Holland in and to the Carbondale Ditch and • the water rights adjudicated thereto, the ame being . Ditch No. 117 with Priorities Nos. 169 and 40$ in the dec ees of the District Court of. Garfield WARRANTY DEED Dated June 15, 1950• Ack.. June 15, 1950 before Ethel Delaney, N. P., Garfield Co. Colo. ' onsiderq tion 1.00 I• R. S. 550 .t.,10;5, County,Colorado in and for Water -Dist ict . No • 38 "ti". Tract No. 2: Y[•aL4 .That part of Lot 18, Section 34-, Tp. 7, 5., R. $8 'W. •, 6th P. M. , . lying • Westerly of the County Road. Also that part of Lots 10, 11, , 31 Tp. $, S., R. 8 U�'. , Aki;,•- �- and 1 Section R.'' 6th P s itua e North and )e East of t•he Crystal River, and that part of Lots 3, 6, 7, and 9•, Section 3, Tp. $, S., R. 8$ W., • 6th P. M., lying • l,. We sterly of the County load, cont a in•in 94 acres, .more or less. For a fulle fescription of the location of said Co ty road, reference is made to a plat `:- thereof prepared by Tom Walker and f it �d in the office of the County 'lerk and Recorder of Garfield County, Colorado on January ' 26, 1950 as Document No. 170992. Together with all ditch and water rights appertaining to, or us in connection with said land, said ditch and water r ights being snore . particularly an undivided 4/20ths part of the interest formerly owned by Hattie Holland in and to the Carbondale Ditch and the water rights adjudicated thereto, the same being Ditch No. 117 in the decrees of the District ' ourt of Garfield County, Colorado for. _`nater i istrict .No. 38. . Except taxes for 1950 payable in 1951, which grantee is to pay, and except rights of way for roads, ditches and. telephone lines as now constructed and in use. Filed for record Aug. 29, 1950 at 2_15 P. M., in hook;:nr2- page SI I I Together with all ditch & water rights appertaining to or used in • connection with the above described lands &, more particularly, the interest of the Grantor in the Holland -Bowles Ditch & in & to the cubic feet of water p second of time adjudicated thereto the same being. Ditch No. 0b with Priorities Nos. 01, 180B & 311, in the Decrees of the District Court of Garfieldtiounty, ColoradoiE in to the Carbondale Ditch & approx. 6.7 cu. ft. of water per second of time adjudica ed. there o the same being Ditch No. 117 with Priorities No. 1b9 & No. 408 in said Decrees, all in Water Dist.#38; 38; Excepting & reserving: astparcel of land situated in Lots 3, 4, 5,�� 6 Sec. 6th P.M., lying South -wester) of Colorado State Highway No. 133,, said parcel of land being described as folio Beginning at a point on the Westerly ri ht -of -way line of said Hi h'L� ay,WwhheOn3ce�theW�J-corner�ofhsaid Sc bears• N58°38'54" E. 620.12'; th. S. 163.9N.55°2618 W. 802.62 bh. N. 27°20' , 27"to a point on the Northerlyline of said Lot 5- th. N•D7°59'28" W. 31.28' to a point in a fene as constructed & in place; th. N.87 56'06"E. 525.33' along said fence•'th. N.00°41'23" E. 1.92 along said fence to a point on the Westerly right-of-way line of said Highway; th. along the Westerlyright-of-way line of said Highway S. Iia°321 7" E. 70.61' • th. S.40°10124" 110 70' -th. S.34"33145" 4.: 91,77'• th. S.31°06156" E 89.901 to the• of beginning, containing 9.06 acres, more or less; ' less; point Together with onehalf of one cubic foot per second of time of water from the Carbondale Ditch & the water adjudicated thereto under Priority No. 169 in said Decrees of Water District No. 38. Recorded at... -.0.112-. #2 .-' .......o'c1uck....P_.M.. -» a�.�i.. .. ..}� , 1 •' 'i Reception No...... T .....___. 1; _....... der.4f1i1.; � iJ' C3 PACE 7 �/e .»........Recorder. A u 3 THIS DEED, Made this 12 t h day of ..ru 1y between LEWIS R. THO?4PSON ,1970, of the • County of Ga r f i e l d and State of Colorado, of the first part, and THE CRA ."LINE COMPANY, an Illinois Corporation, of the County of Cook, State of Illinois 01Mo Qualakseor. STATE QOCUUEUTARI fff JUL 1 2 1977 xalick*kikexgbral 2rki x of the second part: WITNESSETH, That the said part y of the first part, for and in consideration of the sum of Ten and no/100ths • .DOLLARS, to the said part y of the first part in hand paid by the said part y of the second part, the receipt whereof is hereby confessed and acknowledged, ha s granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the said part y of the second part,' i ts successors. heirscand assigns forever, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado. to -wit: AI1. that part of Lots 3, 6, 7, & 9 Sec. 3, T8S, R88W., 6th P.M., lying Southerly & West- erly of the right of way conveyed to the Colorado Department of Highways, by Document #199710 in Book 305 at Pape 333, except that art of Lot 9, Sec. 3, conveyed by Document #243990 .n Book 403 at P g nota 6,l 7'S8� , 9 • do.SE*SES t Sec. 4, T8S, R88W., 6th P. ., & that pa t. fe f LofCrystal, Riv4,,1ying Southerly & Westerly of the centerline of Lots 5, 10 11, 12 & 14 Sec. 3, T8S R88W., 6th P.M.; Lot 13, Sec. T8S, R881r., 6th P.M. except the art conveyed Grubb y Document #35474 in Book 75 at Page 19 to Eugene H. 4. Lot 16, sec. 3, T8S, R88W. , 6th P.M., except that portion lying . .t, Easterly of the east bank of the Crystal River, former) a Rock Creek. Y :�tnown as of file center li That part of Lots 15 & 19 Sec. 3, T8S, R881:1., 6th P.M., lyingblest of the Crystal. River `form rl dock g fence, running East River, West (Var 15°E) thru adpointh460'tJorth of line the 1/4 earner between Secs. 3 & 10. •• TOGETHER with all and singular tho 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 said part of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenance. No. 463. WARRANTY DEED—Fos Pbetosrapbie Recird.—•Ur.dIoni Publishing Co. IS2iie Mont Stras` Dens._ i�IIIAN.M r 4' BuLA498 PAGC 348. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said part y of the second part, i ts &db gsrgis forever. And the said part y of the first part„ for him solve heirs, executors, and administrators, does covenant, grant, bargain and agree to and with the said part y of the second part, t t sreifs and5assig s, that at the time of the ensealing and delivery of these presents he is well seised of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in Iaw, in fee simple, and ha s good right, full power and lawful authority to grant, bargain, sell and convey the same fn manner and form as aforesaid, and that the swine dre free and clear from all former and other grants, bargains, sales, Ilene, taxes, assessments and encumbrances of whatever Mad or nature soever.oxcept existing easements and 'rights of way, and patent reservations and restrictions, and the$ abovebargainedpremisestin tbo quiet and peaceable possession of the said part y of the second part, its x ind rns against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part y of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said part y of the first part ha s arzd seal .7.2 t h the day and year first above written. Signed, sealed and Delivered in the Presence of STATE OF COLORADO, ' ' County of Garfield The "Yorego;ng instrument was acknowledged before me this 12.t h •f b• hereunto set his hand ............•........_.._............•..._....�.._..............._... [SEAL] • s • a f. $ . l•ewis R. Thompson • day of July S. p t. Fhb corunt ssfon expires June /7 , 19 73 . Witness my hand and official seal. Notary Pabik. A .rte jc IJIJQ o U v w 0 0 k i II j a, • Q 111 I N rii I dai i 91 I. 1 W 11 i CI n Pt1 i.i: abc w 1 1 al ei- ►vossalpMo co., poor= 747672 04130/2008 04:31:14 PM Page 1 of 3 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $0.00 eRecorded SPECIAL WARRANTY DEED THIS DEED, made on this 24th day of April, 2008, between TLCCO, Inc., a Colorado corporation, Grantor, and LEWIS R. THOMPSON and JACQUELYN THOMPSON whose legal address is 1605 Highway 133, Carbondale, CO 81623 of the County of Garfield and State of Colorado, Grantees WITNESS, that the Grantor, for and in consideration of the sum of Ten Dollars, 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 Grantees, their heirs and assigns forever, not in tenancy in common but in joint tenancy, all of the real property, together with improvements, if any, situate, Iying and being in the County of Garfield and the State of Colorado, described on Exhibit A attached hereto and incorporated by reference. TOGETHER with all and singular and 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 appurtenances, unto the Grantees, their heirs, successors and assigns forever, The Grantor, for itself, its successors and assigns, does covenant, and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantees, their heirs, successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. IN WITNESS WHEREOF, the Grantor has executed this Deed on the date set forth above, TLCCO, INC., a Colorado Corporation By: 6.10 -24. 1. a.f a-47 Le Atm T. Arbaney, Director Y►1 c .& record 4.t' r�'t�►,rda 'a Si, Care( Acv s. (.o S tiO! 9 747672 04/30/2008 04:31:14 PM Page 2 of 3 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $0,00 eRecorded STATE OF COLORADO ) ) SS. COUNTY OF PJTKIN ) The foregoing instrument was acknowledged before me this 24th day of April, 2008, by Le Ann T. Arbaney, as Director of TLCCO, Inc. Witness my hand and official seal. My commission expires: q - Notary Public 747672 04/30/2008 04:31:14 PM Page 3 of 3 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $0.00 eRecorded EXHIBIT A A Parcel of land situated in Lots 3, 4, 5, & 6 Section 3, Township 8 South, Range 88 West, 6th P.M. Lying southwesterly of Colorado State Highway No. 133, as recorded in Book 689 Page 622 in the Garfield County Clerk and. Recorder. Said Parcel of land being more fully described as follows: Beginning at a point on the Westerly right-of-way line of said highway, Whence the N1/4 corner of said Section 3 bears N33°35'37"E a distance of 952.53 feet; Thence SO0°36'46"E a distance of 534.30 feet along the West line of Triangle Park as shown on the Plat of River Valley Ranch Phase I, recorded as Reception No. 498928 in Garfield County Clerk and Recorder; thence N55° 14'39"W a distance of 271.36 feet along the Northerly line of said Triangle Park of River Valley Ranch Phase IV recorded as Reception No. 525880; thence N00°41'22"E a distance of 382.00 feet; thence S89°23'14"E a distance of 224.08 feet to the point of beginning containing 2.3599 Acres more or less. 747627 04/30/2008 0224:46 PM Page 1 of 3 Jean Alberico, Garlick! County, Colorado Rec Fee: $18.00 Doc Fee: $253.31 eRecorded WARRANTY DEED THIS DEED, made this 24th day of April, 2008, between TI.CCO, Ina. of the said County of Garfield and State of Colorado, Grantor, and Cerise Park, LLC, a Delaware limited liability company whose legal address is: 1880 Lazy 0 Road, Snowmass CO 81654 of the said County of Pitkin and State of Colorado, grantee: State Doe Fee:5253.31 WITNESS, that the grantor, for end in consideration of the sum of Ten Dollars and no/l00 (S10.00), the receipt and sufficiency of which is hereby acknowledged, hes granted, bargained, sold and conveyed, and by these presents docs grant, bargain, sell, convey and confirm, unto the grantees, their heirs and assigns forever, not in tenancy in conunon but in joint tenancy, all the real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: See "Exhibit A" attached hereto &so known by street and number as: 1605 Highway 133. Carbondale, CO 8I623 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and ark reversion and reversions, remainder and remainders, rents, Isms and profits thereof. and alt the estate, right. title, interest, claim and dcrtmnd whatsoever of the grantor, either in law or equity. of in and to the above bargained prr.mises, with the hereditaments and appunenances. • TO HAVE AND TO SOLD the said premises above bargained and described, with the appurtenances, unto the granite, his heirs and assigns forever. And the grantor, for himself, bis beim, and personal representatives, docs covenant, grant, bargain, and agree to and with the grantee, his beim and assigns, that at the time of the =sealing and delivery of these presents, he is well seised of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, In law, b fee simple, and has good right, lull 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, talcs, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature sower. except General taxesfor the year 2008 and subsequent years: and those specific exceptions described by reference to recorded documents as reflected in the lTde Documents accepted by Grantee(s) in accordance with Section 8a (Tiile Review) of the Contract to Buy and Sall Rea! Edam relating to the above described real property; distribution utility easements (including, cable TY); those specifically described rights of third parties not shown by the public records of which Grantee(s) has actual knowledge and which were accepted by Grantee(s) In accordance with Section 8b (Manana Not Shown by the Public Records) and. Section 8c (Survey Review) of the Contract to Buy and Sell Real Estate relating to the above described real property; inclusion oldie Property within any spacial razing district: the benefits and burdens and of any recorded declaration and party wall agreements. tarry. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises In the quiet and peaceable possession of the grantee, his heirs and assigns, against all and everyperson orpersons tawiklly claiming the whole or any part thereof: The singular number shall include the phual. the plural the singular, and the use ofany gender shall be applicable to all genders. ordo.Nuentan uamN5303 Na 912tA -Warranty Deal— To ]stat%ntnit Pogo 1 of 3 • • • IN WITNESS WHEREOF, the grantor has executed this decd on the data set forth above. TLCCO, Inc. By Lewis R Thompson, Director STATE OF Colorado COUNTY OF Pitkin ) as. ) The foregoing instrument was aclatowledged before me this 24th day of April 2008 by Lewis R. Thompson, Director orTLCCO, Inc. My cormnission expires: 9/11/2009 Witness ,, hand and official seal. Notary Public Order Number. nwn45803 No. 921A • Warranty Deed — TO Joint Tenants i Pagel oP3 EXHIBIT "A" PARCEL 1: A Parcel of land situated in Lots 3, 4, 8, & 6 Section 3, Township 8 South, Range 88 West, 6th P.M. Lying southwesterly of Colorado State Highway No. 133, as recorded to Book 889 Page 622 in the Garfield County Clerk and Recorder. Said Parcel of land being more fully described as follows: Beginning at a point on the Westerly right-of-way line of said highway, Whence the N114 corner Of said Section 3 bears N57°52'49"E a distance of 616.40 feet; Thence S00°36'46"E a distance of 465.74 feet along the West line of Triangle Park as shown on tha Plat of River Valley Ranch Phase 1, recorded as Reception No. 498928 in Garfield County Clerk and Recorder; thence N89°23'14"W a distance of 224.08 feet; thence S00'41'22' W a distance of 382.00 feet ; thence N55°14'39'W a distance of 558.04 feet along the Northerly line of saki Triangle Park and the Easterly tine of Block 8B of River Valley Ranch Phase IV recorded as Reception No. 525880; Thence continuing along the Easterly line of sald Block BB the following 3 courses; N28'48'43"W a distance of 176.06 feet; Thence S88'10'32"W a distance of 4.10 feet; Thence NO2•23'32"W a distance of 18.09 feet to the Southerly line of parcel of land recorded Book 1366 Page 941; Thence N8r56'08"E a distance of 553.03 feet along the Southerly line of Parcels of land recorded in Book 1386 Page 941, Book 958 Page 833, Book 898 Page 989, Book 1119 Page 693 to the South East comer of parcel recorded at Book 1119 Page 693; Thence N00'41'23"E a distance of 628.99 feet more or less along the Easterly boundary of Parcels of land recorded in Book 1119 Page 693, Book 1739 Page 965, Book 1739 Page 983 to the Westerly right-of-way line of said Highway 133; Thence along the Westerly right-of-way the following three courses S45'O7'38"E a distance of 58.16 feet; Thence 187.23 feet along the aro of a curve to the right having a radius of 1091.40 feet, a central angle of 9'40'45", and subtending a chord bearing of S38'39'22"E a distance of 187.00 feet; Thence S30°21'23"E a distance of. 122.52 feet to the point of beginning containing 7.0364 Acres more or less. PURSUANT TO C.R.S. 38-35-106.5; THE NAME OF THE PERSON WHO CREATED THE NEW LEGAL DESCRIPTION IS AS FOLLOW: Stephen L Ehlers, PLS #20133 4 Schmueser Gordon Meyer Engineers & Surveyors 118 W. 66 Street, Suite 200 Glenwood Springs, CO 81601 County of Garfield State of Colorado Order Number: nsem438O3 No. 921A - Warranty Deed — To Joint Tenrntr • . . • • Page 3 or 3