Loading...
HomeMy WebLinkAbout1.04 General Application Materials_Part468 65 lntermountaln Seism ic Belt Micld/u Moab D UT. 1984 MS,1 Wv 11 i11<-1 ~•nooty Rio Blanco \ Explosion) 073 M6.7 * Rullaon* (Explosion) 1969 Mo.J 160 mltoa ( Axial Basin j 1891 Vl 8 Cmt D g Steombo t Spring} ,/ 9.mo (() Q .:;:. ,.., ' (\t 3 Glonwood S~n9e 0 Project S ite □ Eeote Gra nd J6'/.c1ton i1spon ~ortez co. ·.O '() ,., / 1 Cimarron Ridge Gunni son Mon trosoo ioa?s □ J20 i ·) -/./Jo ( VI !jg~; Cily '-J VI IJJ Pagosa Springs Lo ramlo Min. 18114 M6.5 VI Waldon □ l(remmllng 0 l 0~ l ,: VOii D ) I r Sal~o ' Goldon ' OMrt Exp lanation: * Post-Glacial Fault&: Faull younger than abou t 15,000 years. Larger Hi stori c Eart hquakes: Earthquakes wllh maximum Intensity greater then VI or magnitude greater than M 6.0 from 1887 to present. Nuclear Explo sion: Lmga under9round nuclear explosion for natural gas reseivolr enhancemen t. M VI Historic Seismic Zones: A reas w ith histo~ca lly high seismic acllvily. Local, su rface wave or body wave mag nitude Modified Marcelli in te nsity References: Widmann and Oth ers (1 998) U.S. Geological Survey Earthquake Catalogs Oonvor WY. , I t □Partee, Pueblo □ C J l /;011onburg D Trtnld ad 0 I 50 ml. I Scale: 1 In . "' 50 ml. 106 061a ~tech HEPWORTH-PAIIV.K GEOTECHNIOAL Proposed Fro nin g 107 Road Subd ivi sion Exempti on Geolog ica lly You ng Fau lts and larger Historic Earthqu akes Figure 2 ..... 0 0) 0 C) ..... co ~ ~ li1 ;f !::r ~ ""O a -0 0 u, ~~ CD Tl ~ 0 ~ ::, ::, -· ::, () c.o 0 ..... oO @ ...... a. ::a 0 0 mm < a. Ill (J'J 'O i:: 0 O" ::!.. a. <D° :.:· ::u ~: (I) 0 (C ::, o" m :I X CD 3 'O "Tl cc i:::: a w g- ::, Explanation: -Project Site D 10 Miles References: Shallow Evaporite m Eagle Valley Fonnalion and Eagle Valley Evaporite. Slit Basin Carbondale' Collapse Center (460 sq. mi.} Twelo and others (1978) Kirl<harn and Scott (2002) l's & Mamie ~ ;o D) ::I IC CD ~ §: 3" Ci) Vail• .,..;,,----'--------Heuschkel ... - 187 \ •i \ )~8 Qc/PIPm \.. 12 ~ Explan ation: C9£J Colluvlum [§[] A lluvial Fans [§IT] Youngest Terraces IPIPm l Maroon Fm. [B Eagle Valley Fm. I 0 12 I1ntermedlate Terraces I Ot3 I O ldest Terraces [fil Basalt Modified from l<lrkham and Widm ann (1997) 1060618 ~tech HEPWOOTH -PA\'11..AJ( GEOTECIINICAI. Qc/Tb .,, I . / u --o ...... 30 -.J_ ·8 4 ·7 16 --.t:_ Qc/PIPm 28i 8~1~ Contact: Approxim ate bo undary of map unit s. Faulisi Approximate location of faults related to eva porite defo rm ation, U • upt hrown side , D -downthrown sid e. Strike a nd Dip: Strike and dip of bedd ing In degrees. Synclinal Sags: Approxim ate location of synclines re late d to eva porlte deformation. 0 ' 900 ft. Scale: 1 In . = 900 ft . Contour Interval: 40ft. May 200 8 Proposed Froning 107 Road Subdivision Exe mption Proj ect Area Geolog y Map Figure 4 IPIPml Maroon Fm. 11Pa I Ea9 le Vall ey F m. Modified from l<lrkh am an d Wld 1 mann (1997) 060618 ~t HEPWORlH-PAV.V. ech GEOTECHNICAL 30 ~ - Qc/PIPm Contact: Ap proxim ate bounda ry of map units. Strike and DI . . Strike d p, an dip of bedding In d agrees Synclin al Sags· . Approximate lo • related to evapi~:'odn of synclines e eformatlon. I 0 I I 300 tt . Proposed Fron ing 107 R Coato"' ,,,;;;,f,',\ Project Site o~:07ubdlvlslon Exemption May 2008 . S~ca::-'.le---:: 1-.1ln1.. __ _JI Fig ure 5 ogy Map May 29, 2009 Paul Froning P .O. Box 545 " I I I 11 I 1 , , j q I I ,,, Carbondale, Co lorado 8 1623 Subj ect: Job No.106 0618 Prel iminary Subsoil Study for Fo undation Design and Feasibi lity Percolat io n Testing, Proposed Resid e nces, Lots 2, 3, 4 and 5, Froning Subdivision Exemption, County Road 107, Garfield County, Colorado Dear Mr. Froning; As requested, Hepworth -Pawlak Geotechnical, Inc. performed a prelimin ary subsoil study for foundation design and percolation testing for feasibility of infiltration septic disposal systems at th e subj ect site. The study was conducted in accordance with our agreement for geotechnical engineering services to you, dated March 24, 2009. The data o btained and our reconunendations based on the proposed construction and subsurface conditions encountered are presented in this report. Hepworth-Pawlak Geoteclmical, Inc. previously perfonned a geo logic site assessment for the subj ect subdivision exemption and reported our findings May 22, 2008, Job No. 106 06 18. Prnposed Construction: Development p lans for the individual lots wer e not avai lable at the tin1e of our study. The proposed residences will be located in the build ing e nve lopes shown on Figure 1. Typical residential constrnction in t he area consists of one and two story wood frame structures above walkout basement, crawlspace or slab-on-grade floor. C ut depths are assumed to range between about 3 to 10 feet. Foundation loadings for th e assumed type of construction should be relatively light. Th e septic d isposal systems are assumed to be located generally in the downhiU area of the building envelopes. When building locations, foundation loadings and grading condition s are better known, we should be notified to re-evaluate t h e recommendations presente d in this report. Site Conditions: The existing residence and accessory bui lding are located on Lot 1. The proposed roadway access will be genera ll y along the existing drive way. Vegetation cons ists of pinon and juniper forest with a ground cover of grass, weeds and cactus. The ground surface in the bui lding e nve lopes of Lots 2, 3 and 5 slopes down to the south at grades of 12 to 16 percent and at Lot 4 slopes down to the west at a grade of about 10 percent. I I I I I' I I I -2 - Subsurface Conditions: The subsurface conditions at the site were evaluated by excavating one exploratory pit, one septic profile pit and one percolation test hole in the building envelopes at the approximate locations shown on Figure 1. The logs of the pits are presented on Figure 2. The subsoils encountered, below about 6 inches of topsoil, consist of gravelly sandy silt and clay overlying gravel, cobbles and boulders in a sandy silt and clay matrix with depth. Apparent sandstone bedrock was encountered in Profile Pit 2 at Lot 3. Results of swell-consolidation testing performed on relatively undisturbed samples of sandy silt and clay, presented on Figures 4 and 5, indicate low compressibility under existing moisture conditions and light loading with variable compression potential when wetted and under additional load. Results of gradation analyses performed on samples of silty clayey sand and gravel (minus 3 and 5 inch fraction) obtained from the site are presented on Figures 6 through 8. The laboratory test results are summarized in Table 1. No free water was observed in the pits at the time of excavation and the soils were slightly moist. PRELIMINARY DESIGN RECOMMENDATIONS The recommendations presented below are for planning and preliminary design. A site specific geotechnical study and additional percolation testing should be performed by the individual lot owner when their development plans have been determined. Foundation: Considering the subsoil conditions encountered in the exploratory pits and the nature of the proposed construction, spread footings placed on the undisturbed natural soil designed for an allowable soil bearing pressure of 1,500 psf can be used for support of the proposed residences. A higher bearing pressure may be feasible for bearing entirely on relatively dense rocky soils or bedrock. The soils tend to compress after wetting and there could be some post-construction foundation settlement. Footings should be a minimum width of 18 inches for continuous walls and 2 feet for columns. Loose and disturbed soils encountered at the foundation bearing level within the excavation should be removed and the footing bearing level extended down to the undisturbed natural soils. Exterior footings should be provided with adequate cover above their bearing elevations for frost protection. Placement of footings at least 36 inches below the exterior grade is typically used in this area. Continuous foundation walls should be reinforced top and bottom to span local anomalies such as by assuming an unsupported length of at least 12 feet. Foundation walls acting as retaining structures should be designed to resist a lateral earth pressure based on an equivalent fluid unit weight of at least 50 pcf for the on-site soil as backfill. Floor Slabs: The natural on-site soils, exclusive of topsoil, are suitable to support lightly loaded slab-on-grade construction with some risk of differential settlement if the subsoils become wetted. To reduce the effects of some differential movement, floor slabs should be separated from all bearing walls and columns with expansion joints which allow Job No.106 0618 ~tech -3 - unrestrained vertical movement. Floor slab control joints should be used to reduce damage due to shrinkage cracking. The requirements for joint spacing and slab reinforcement should be established by the designer based on experience and the intended slab use. A minimum 4 inch layer of free-draining gravel should be placed beneath basement level slabs to facilitate drainage. This material should consist of minus 2 inch aggregate with less than 50% passing the No. 4 sieve and less than 2% passing the No. 200 sieve. All fill materials for support of floor slabs should be compacted to at least 95% of maximum standard Proctor density at a moisture content near optimum. Required fill can consist of the on-site soils devoid of vegetation, topsoil and oversized rock. Underdrain System: Although free water was not encountered during our exploration, it has been our experience in the area that local perched groundwater can develop during times of heavy precipitation or seasonal runoff Frozen ground during spring runoff can create a perched condition. We recommend below-grade construction, such as retaining walls, crawlspace and basement areas, be protected from wetting and hydrostatic pressure buildup by an underdrain system. The drains should consist of drainpipe placed in the bottom of the wall backfill surrounded above the invert level with free-draining granular material. The drain should be placed at each level of excavation and at least 1 foot below lowest adjacent finish grade and sloped at a minimum 1 % to a suitable gravity outlet. Free-draining granular material used in the underdrain system should contain less than 2% passing the No. 200 sieve, less than 50% passing the No. 4 sieve and have a maximum size of2 inches. The drain gravel backfill should be at least 1 ½ feet deep. Surface Drainage: The following drainage precautions should be observed during construction and maintained at all times after the residences have been completed: 1) Inundation of the foundation excavations and underslab areas should be avoided during constmction. 2) Exterior backfill should be adjusted to near optimum moisture and compacted to at least 95% of the maximum standard Proctor density in pavement and slab areas and to at least 90% of the maximum standard Proctor density in landscape areas. Free-draining wall backfill should be capped with at least 2 feet of the on-site, finer graded soils to reduce surface water infiltration. 3) The ground surface surrounding the exterior of the buildings should be sloped to drain away from the foundation in all directions. We recommend a minimum slope of 12 inches in the first 10 feet in unpaved areas and a minimum slope of 3 inches in the first 10 feet in pavement and Job No.106 0618 ~tech -4 - walkway areas. Swales may be needed uphill of the residences to direct surface runoff around the strnctures. 4) Roof downspouts and drains should discharge well beyond the limits of all backfill. 5) Landscaping which requires regular heavy irrigation should be located at least 10 feet from the buildings. Consideration should be given to the use of xeriscape to limit potential wetting of soils below the building caused by irrigation. Percolation Testing: A profile pit and a percolation test hole were excavated on Lots 2, 3, 4 and 5 on May 21, 2009 at the approximate locations shown on Figure 1. The subsoils exposed in the Profile Pits, below about 6 inches of topsoil, typically consist of gravelly sandy silt and clay overlying gravel, cobbles and boulders in a sandy silt and clay matrix. Possible sandstone bedrock was encountered in Profile Pit 2 on Lot 3. The results of a gradation and hydrometer analysis performed on a sample of gravelly silty clayey sand (minus 3 inch fraction) obtained from Profile Pit 3 are presented on Figure 8. The sample tested has a USDA Soil Texture Classification of gravelly sandy loam. No free water or evidence of a seasonal perched water table was observed in the pits and the soils were slightly moist. Percolation test holes were hand dug and soaked with water on May 21, 2009. Percolation testing was conducted on May 22, 2009, by a representative of Hepworth - Pawlak Geotechnical, Inc. The percolation rates varied from 9 minutes per inch to 24 minutes per inch in the test holes. The percolation test results are summarized on Table 2. Based on the subsurface conditions encountered and the percolation test results, the tested areas should be suitable for an on-site waste disposal system. Alternate disposal areas and configurations may be needed due to shallow bedrock. A professional engineer should design the septic disposal systems. Limitations: This study has been conducted in accordance with generally accepted geotechnical engineering principles and practices in this area at this time. We make no warranty either expressed or implied. The conclusions and recommendations submitted in this report are based upon the data obtained from the exploratory pits excavated at the locations indicated on Figure 1, the assumed type of constrnction and our experience in the area. Our services do not include determining the presence, prevention or possibility of mold or other biological contaminants (MOBC) developing in the future. If the client is concerned about MOBC, then a professional in this special field of practice should be consulted. Our findings include interpolation and extrapolation of the subsurface conditions identified at the exploratory pits and variations in the subsurface conditions may not become evident until excavation is performed. If conditions encountered during constrnction appear different from those described in this rep01i, we should be notified at once so re-evaluation of the recommendations may be made. Job No. 106 0618 ~tech -5 - This report has been prepared for the exclusive use by our client for planning and preliminary design purposes. We are not responsible for technical interpretations by others of our information. As the project evolves, we should provide continued consultation and field services during construction to review and monitor the implementation of our recommendations, and to verify that the recommendations have been appropriately interpreted. Significant design changes may require additional analysis or modifications to the recommendations presented herein. We recommend on- site observation of excavations and foundation bearing strata and testing of structural fill by a representative of the geotechnical engineer. If you have any questions or ifwe may be of further assistance, please let us know. Respectfully Submitted, Reviewed by: Steven L. Paw la , LEE/ksw attachments Figure 1 -•~~~~x ratory Pits and Percolation Test Holes Figure 2 -Logs of Exploratory Pits Figure 3 -Legend and Notes Figures 4 and 5 -Swell-Consolidation Test Results Figures 6 and 7 -Gradation Test Results Figure 8 -USDA Gradation Test Results Table 1 -Summary of Laboratory Testing Table 2 -Percolation Test Results cc: Mark Chain Job No.106 0618 ~tech I 1060618 APPROX IMATE SCALE 1" = 200' ~ lie worth-Pawlak Geotechnl c<JI 1Cl LEGE ND : EXPLORATORY PIT f:::.. PERGOLA TION TEST HOLE XI JJM' /!! M s ------- Lot 1 10.!l4Acrca LOCATION OF EXPLORATORY PITS AND PERCOLATION TEST HOLES Figure 1 Q) Q) LL ..c Q_ Q) 0 Q) Q) LL ..c Q_ Q) 0 0 5 10 0 5 10 106 618A PIT 1 LOT2 ELEV.= 6483' PIT3 WC= 4.8 DD= 100 -, +4 = 18 _ J -200 = 32 LOT5 ELEV.= 6446' WC= 9.1 DD= 109 -200 = 64 PROFILE PIT 1 LOT2 ELEV.= 6470' I _J PROFILE PIT 3 LOT5 ELEV.= 6439' -, +4 = 13 -J -200 = 31 PIT2 LOT3 ELEV.= 6450' -, +4 = 25 _ J -200 = 34 PIT 4 LOT 4 ELEV.= 6415' WC= 13.1 DD=91 -200 = 48 PROFILE PIT 2 LOT3 ELEV.= 6443' PROFILE PIT 4 LOT4 ELEV.= 6406' -, +4 = 35 --1-200 = 10 Note: Explanation of symbols is shown on Figure 3. LOGS OF EXPLORATORY PITS 0 5 10 0 5 10 Q) Q) LL ..c Q_ Q) 0 Q) Q) LL ..c Q_ Q) 0 Figure 2 LEGEND: TOPSOIL; organic sandy silt and clay, firm, moist, dark brown. CLAY AND SILT (CL-ML); sandy, scattered gravel, stiff, slightly moist, reddish brown, low to medium plasticity, calcareous. SAND (SM-SC); silty, clayey, gravelly, some sandy silt zones, medium dense, slightly moist, reddish brown. GRAVEL, COBBLES AND BOULDERS (GM); in a silty clayey sand matrix, medium dense, slightly moist, red-brown, calcareous. Sandstone rocks. POSSIBLE WEATHERED SANDSTONE; medium hard and fractured. Maroon Formation. 2" Diameter hand driven liner sample. Disturbed bulk sample. T Practical digging refusal with backhoe on boulders or sandstone. NOTES: 1. Exploratory pits were excavated on May 21, 2009 with a backhoe. 2. Locations of exploratory pits were measured approximately by pacing from features shown on the site plan provided. 3. Elevations of exploratory pits were obtained by interpolation between contours shown on the site plan provided. 4. The exploratory pit locations and elevations should be considered accurate only to the degree implied by the method used. 5. The lines between materials shown on the exploratory pit logs represent the approximate boundaries between material types and transitions may be gradual. 6. No free water was encountered in the pits at the time of excavating. Fluctuation in water level may occur with time. 7. Laboratory Testing Results: WC = Water Content (%) DD = Dry Density (pcQ +4 = Percent retained on the No. 4 sieve -200 = Percent passing No. 200 sieve 106 0618 LEGEND AND NOTES Figure 3 Moisture Content = 4.8 percent Dry Density = 100 pcf Sample of: Sandy Silt From: Pit 1 at 1 Foot, Lot 2 0 r--r-H ) * I "'---__,Y C 0 "iJj Cl) ~ 2 0.. E 0 0 3 ~ (r---Compression -,.._ ,.__upon ~ --wetting ~ I\ \ 4 iD 0.1 1.0 10 100 APPLIED PRESSURE -ksf Moisture Content = 9.1 percent Dry Density = 109 pcf Sample of: Sandy Silty Clay From: Pit 3 at 2 ½ Feet, Lot 5 0 * C 0 "iJj Cl) (1.) 1-. 0.. E 2 0 --r--r---.... r<~ \ ~ \ 0 3 ~ ' ~D No movement upon wetting 0.1 1.0 10 100 APPLIED PRESSURE -ksf 106 0618 SWELL-CONSOLIDATION TEST RESULTS Figure 4 Moisture Content = 13.1 percent Dry Density = 91 pcf Sample of: Clayey Sand and Silt From: Pit 4 at 3 Feet 0 Compression i..---[7 ,_ i----V i-upon i-r-.. H r--~ i-1-" c:.. i..-1--wetting I i-- * 2 C: 0 "cii Cl) 3 Q) 0. E 0 0 4 \ \ \ 1 5 \ \ 6 \ \ 7 1D 0.1 1.0 10 100 APPLIED PRESSURE -ksf 106 0618 SWELL-CONSOLIDATION TEST RESULTS Figure 5 0 w z ~ w a: I-z w u a: w 0... 0 w z ~ w a: I-z w u a: w 0... HYDROMETER ANALYSIS SIEVE ANALYSIS TIME READINGS U.S. STANDARD SERIES CLEAR SQUARE OPENINGS ~5Hf:;ilN. 1;H~IN 60MIN19MIN 4 MIN 1 MIN #200 #100 #50 #30 #16 #8 #4 3/8" 3/4" 1 1/2' 3' 5"6' B' 0 100 10 20 30 40 50 60 70 80 90 ~ - 90 BO (9 70 Z c7.i Cl) 60 if 1- 50 Z w u 40 ffi 0... 30 20 10 100 .001 .002 .005 .009 .019 .037 .074 .150 .300 .600 1.18 2.36 4.75 9.5 12.5 19.0 37.5 76.2 152 203 127 DIAMETER OF PARTICLES IN MILLIMETERS CLAYTOSILT SAND GRAVEL FINE MEDIUM COARSE FINE COARSE COBBLES GRAVEL 18 % LIQUID LIMIT SAND 50 % SILT AND CLAY 32 % % PLASTICITY INDEX % SAMPLE OF: Gravelly Silty Clayey Sand with Cobbles FROM: Pit 1 at 7 to 8 Feet HYDROMETER ANALYSIS SIEVE ANALYSIS 24 R. 7 HR 45 MIN. 15 MIN 60MIN19MIN 4 MIN 1 MIN #200 #100 #50 TIME READINGS U.S. STANDARD SERIES #30 #16 #8 #4 CLEAR SQUARE OPENINGS 3/8' 3/4' 1 1/2' 3" 5' 6' 0 10 ~ - 20 30 40 ~ 50 60 70 80 90 100 8' 100 90 BO (9 70 Z Cl) 60 ~ 1- 50 z w u 40 ffi 0... 30 20 10 0 .001 .002 .005 .009 .019 .037 .074 .150 .300 .600 1.18 2.36 4.75 9.512_519.0 37.5 76.2 152 203 127 CLAY TO SJLT GRAVEL 25 % LIQUID LIMIT DIAMETER OF PARTICLES IN MILLIMETERS SAND GRAVEL FINE MEDIUM COARSE FINE COARSE COBBLES SAND 41 % SILT AND CLAY 34 % PLASTICITY INDEX % SAMPLE OF: Gravelly Silty Clayey Sand with Cobbles FROM: Pit 2 at 5 ½ to 6 ½ Feet 106 0618 GRADATION TEST RES UL TS Figure 6 H 0 w z 4: t-w 0::: t-z w (.) 0::: w 0... HYDROMETER ANALYSIS SIEVE ANALYSIS CLEAR SQUARE OPENINGS H TIME READINGS U.S. STANDARD SERIES 24 HR. 7 R o 45 MIN. 15 MIN. 60MIN19MIN.4 MIN. 1 MIN. #200 #100 #50 #30 #16 #8 #4 3/8" 3/4' 1 1/2' 3" 5' 6" 8" 100 10 20 30 40 50 60 70 80 90 100 .001 .002 .005 .009 .019 CLAY TO SILT GRAVEL 35 % LIQUID LIMIT : .037 ,074 ,150 ,300 .600 1.18 2.36 4.75 9,5 19.0 37,5 76,2 152 203 12.5 127 DIAMETER OF PARTICLES IN MILLIMETERS SAND GRAVEL COBBLES FINE MEDIUM COARSE FINE COARSE SAND 55 % SILT AND CLAY 10 % % PLASTICl1Y INDEX % SAMPLE OF: Slightly Silty Clayey Gravelly Sand FROM: Profile Pit 4 at 5 ½ to 6 ½ Feet 90 80 70 60 50 40 30 20 10 0 (!) z vi (/) <( 0... t-z w 0 a:: w 0... 106 0618 GRADATION TEST RESULTS Figure 7 HYDROMETER ANALYSIS SIEVE ANALYSIS HR TIME READINGS U.S. STANDARD SERIES 24 HR. 7 O 45 MIN. 15 MIN. 60MIN19MIN.4 MIN. 1 MIN. #200 #100 #50 #30 #16 #8 #4 CLEAR SQUARE OPENINGS 3/8" 3/4" 1 1/2" 3" 5"6" 8" 100 10 90 20 80 70 30 0 C) w 40 60 z z vi 4: (/) I-<( w 0.. a::: 50 50 I- I-z z w w u u . a::: a::: w w 40 0.. 0.. 60 . 70 30 80 20 90 10 100 0 .001 .002 .005 .009 .019 .037 .074 .150 .300 .600 1.18 2.36 4.75 9.5 19.0 37.5 76.2 152 203 12.5 127 DIAMETER OF PARTICLES IN MILLIMETERS CLAY SILT SANO GRAVEL COBBLES V.FINE FINE MEDIUM COARSE V. COAASE SMALL MEDIUM LARGE GRAVEL 19 % SAND 53 % SILT 19 % CLAY 9 % LIQUID LIMIT % PLASTIC11Y INDEX % USDA SOIL TYPE: Gravelly Sandy Loam FROM: Profile Pit 3 at 5 ½ to 6 ½ Feet i06 0618 USDA GRADATION TEST RESULTS Figure 8 HEPWORTH-PAWLAK GEOTECHNICAL, INC. TABLE 1 Job No. 106 0618 SUMMARY OF LABORATORY TEST RESULTS SAMPLE LOCATION NATURAL NATURAi.. GRADATION ATTERBERG LIMITS UNCONFINED PERCENT MOISTURE DRY GRAVEL SAND PASSING LIQUID PLASTIC COMPRESSIVE SOIL OR PIT DEPTH CONTENT DENSITY NO. 200 LIMIT STRENGTH (%) (%) INDEX BEDROCK TYPE (ft) (%) (pcf) SIEVE (%) (%) (PSF) 1 1 4.8 100 Sandy Silt 7 to 8 18 50 32 Gravelly Silty Clayey Sand with Cobbles 2 5½ to 6½ 25 41 34 Gravelly Silty Clayey Sand with Cobbles 3 2½ 9.1 109 64 Sandy Silty Clay Profile Pit 3 5½ to 6½ 13 56 31 Gravelly Sandy Loam 4 3 13.1 91 48 Clayey Sand and Silt Profile Pit 4 5½ to 6½ 35 55 10 Slightly Silty Clayey Gravelly Sand HOLE NO. HOLE DEPTH (INCHES) p 1 24 Lot 2 P2 36 Lot 3 P3 36 Lot 5 P4 39 Lot HEPWORTH-PAWLAK GEOTECHNICAL, INC. TABLE 2 PERCOLATION TEST RESULTS LENGTH OF WATER WATER INTERVAL DEPTH AT DEPTH AT (MIN) START OF END OF INTERVAL INTERVAL (INCHES) (INCHES) 15 7 3/4 6 1/2 61/2 5 1/2 5 1/2 5 5 41/4 41/4 3 1/2 3 1/2 2 3/4 15 81/4 61/2 6 1/2 5 5 3 3/4 3 3/4 2 1/2 2 1/2 11/4 15 9 7 7 61/4 61/4 5 1/4 51/4 41/2 41/2 4 4 31/4 31/4 2 3/4 15 9 1/2 6 1/2 Water added 10 1/2 7 3/4 7 3/4 5 1/4 5 1/4 3 1/2 Water added 10 1/2 81/4 81/4 6 6 3 3/4 3 3/4 2 2 1/4 JOB NO. 106 0618 DROP IN AVERAGE WATER PERCOLATION LEVEL RATE (INCHES) (MIN./INCH) 11/4 1 1/2 3/4 3/4 3/4 20 13/4 11/2 11/4 11/4 11/4 12 2 3/4 1 3/4 1/2 3/4 1/2 24 3 2 3/4 2 1/2 1 3/4 2 1/4 2 1/4 2 1/4 13/4 1 3/4 9 Note: Percolation test holes were hand dug in the bottom of backhoe pits and soaked on May 21, 2009. Percolation tests were conducted on May 22, 2009. The average percolation rates were based on the last two readings of each test. 1620 Grand Avenue Bldg Main Floor 1 Glenwood Springs, CO 81601 Phone: 970-945-1169 Fax: 844-269-2759 www.titlecorockies.com Commitment Ordered By: Mark Chain Mark Chain Inquiries should be directed to: Nevada Hunter Title Company of the Rockies 1620 Grand Avenue Bldg Main Floor 1 Glenwood Springs, CO 81601 Phone: 970-945-1169 Fax: 844-269-2759 Commitment Number:0603425-C Buyer's Name(s):Purchaser with contractual rights under a purchaser agreement with the vested owner identified at item 4 below Seller's Name(s):Paul Alan Froning and Linda Singer Froning Property:700 County Rioad 107, Carbondale, CO 81623 Section: 27 Township: 7 Range: 88, County of Garfield, State of Colorado. TITLE CHARGES These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges related thereto. If applicable, the designation of “Buyer” and “Seller” shown below may be based on traditional settlement practices in Garfield County, Colorado, and/or certain terms of any contract, or other information provided with the Application for Title Insurance. Owner’s Policy Premium: Loan Policy Premium: Additional Lender Charge(s): Additional Other Charge(s): Tax Certificate: Total Endorsement Charge(s): TBD Charge(s): TOTAL CHARGES: $25.00 $250.00 $275.00 Service Beyond Expectation in Colorado for: Eagle, Garfield, Grand, Pitkin and Summit Counties. (Limited Coverage: Jackson, Lake, Park and Routt Counties) Locations In: Avon/Beaver Creek, Basalt, Breckenridge, Grand Lake and Winter Park. (Closing Services available in Aspen and Glenwood Springs). CM-2 (ALTA Commitment for Title Insurance (6-17-06)(WLTIC Edition (9/26/07) ALTA Commitment For Title Insurance (Adopted 06-17-06) (Revised 08-01-2016) COMMITMENT FOR TITLE INSURANCE ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, WESTCOR LAND TITLE INSURANCE COMPANY, a South Carolina Corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within six (6) months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed and by these presents to be signed in facsimile under authority of its by-laws, effective as of the date of Commitment shown in Schedule A. Issued By: WESTCOR LAND TITLE INSURANCE COMPANY Title Company of the Rockies, LLC 10 W Beaver Creek Blvd., Suite 221, PO Box 980 Avon, CO 81620-0980 Phone: (970) 949-9497 WESTCOR LANO TITLE IN SU l!ANC COM PA y CONDITIONS The term mortgage, when used herein, shall include deed of trust, trust deed, or other1. security instrument. If the proposed Insured has or acquired actual knowledge of any defect, lien,2. encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. Liability of the Company under this Commitment shall be only to the named3. proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. This Commitment is a contract to issue one or more title insurance policies and is not4. an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. The policy to be issued contains an arbitration clause. All arbitrable matters when5. the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< http://www.alta.org/>. Westcor Land Title Insurance Company Joint Notice of Privacy Policy of Westcor Land Title Insurance Company and Title Company of the Rockies, LLC Westcor Land Title Insurance Company (“WLTIC”) and Title Company of the Rockies, LLC value their customers and are committed to protecting the privacy of personal information. In keeping with that philosophy, we each have developed a Privacy Policy, set out below, that will endure the continued protection of your nonpublic personal information and inform you about the measures WLTIC and Title Company of the Rockies, LLC take to safeguard that information. This notice is issued jointly as a means of paperwork reduction and is not intended to create a joint privacy policy. Each company’s privacy policy is separately instituted, executed, and maintained. Who is Covered We provide our Privacy Policy to each customer when they purchase a WLTIC title insurance policy. Generally, this means that the Privacy Policy is provided to the customer at the closing of the real estate transaction. Information Collected In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic personal information directly from the customer, from customer-related transactions, or from third parties such as our title insurance agent, lenders, appraisers, surveyors and other similar entities. Access to Information Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform their jobs. These employees include, but are not limited to, those in departments such as closing, legal, underwriting, claims and administration and accounting. Information Sharing Generally, neither WLTIC nor Title Company of the Rockies, LLC shares nonpublic personal information that it collects with anyone other than those individuals necessary needed to complete the real estate settlement services and issue its title insurance policy as requested by the consumer. WLTIC or Title Company of the Rockies, LLC may share nonpublic personal information as permitted by law with entities with whom WLTIC or Title Company of the Rockies, LLC has a joint marketing agreement. Entities with whom WLTIC or Title Company of the Rockies, LLC have a joint marketing agreement have agreed to protect the privacy of our customer’s nonpublic personal information by utilizing similar precautions and security measures as WLTIC and Title Company of the Rockies, LLC use to protect this information and to use the information for lawful purposes. WLTIC or Title Company of the Rockies, LLC, however, may share information as required by law in response to a subpoena, to a government regulatory agency or to prevent fraud. Information Security WLTIC and Title Company of the Rockies, LLC, at all times, strive to maintain the confidentiality and integrity of the personal information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical, electronic and procedural safeguards in compliance with federal standards to protect that information. The WLTIC Privacy Policy can be found on WLTIC ’s website at www.wltic.com COMMITMENT FOR TITLE INSURANCE Issued by as agent for Westcor Land Title Insurance Company SCHEDULE A Reference:Commitment Number: 0603425-C 1.Effective Date: June 28, 2021, 7:00 am Issue Date: July 07, 2021 2. Policy (or Policies) to be issued: ALTA Owner's Policy (6-17-06)Policy Amount:Amount to be Determined Premium:Amount to be Determined Proposed Insured:Purchaser with contractual rights under a purchaser agreement with the vested owner identified at item 4 below 3.The estate or interest in the land described or referred to in this Commitment is Fee Simple. 4.The Title is, at the Commitment Date, vested in: Paul Alan Froning and Linda Singer Froning 5.The land referred to in this Commitment is described as follows: FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE For Informational Purposes Only - APN: R111550 Countersigned Title Company of the Rockies, LLC By: Mike Mulligan This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule A Page 1 rn TIT LE COMPANY ~ of the rockies -.,,-,,11,r" L D IIJl \litl(IILIIUN Commitment No: 0603425-C SCHEDULE A (continued) LEGAL DESCRIPTION The Land referred to herein is located in the County of Garfield, State of Colorado, and described as follows: Parcel 1, of the Lappala Road 107 Subdivision Exemption Plat recorded July 12, 1984 as Reception No. 353934, also described as follows: A parcel of land situated in Lot 4 of Section 27, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, lying Easterly of the Easterly right-of-way line of a 30 feet wide access and utility easement and Westerly of the East line of the SW¼ NW¼ of said Section 27, said parcel of land being more fully described as follows: Beginning at a brass cap in place and properly marked as the Southeast corner of said SW¼ NW¼; thence N. 00°26’57” E. 1024.43 feet; thence N. 67°16’18” W. 557.62 feet; thence S. 73°16’34” W. 114.05 to a point on the Easterly right-of-way line of a 30 foot wide private access and utility easement; thence along the Easterly right-of-way line of said private access and utility easement the following courses: S. 23°53’41” W. 31.37 feet; thence 42.54 feet along the arc of a 240.58 foot radius curve to the right, the chord of which bears S. 28°57’41” W. 42.48 feet; thence S. 34°01’34” W. 76.90 feet; thence 116.55 feet along the arc of a 102.75 radius curve to the left, the chord of which bears S. 01°31’55” W. 110.40 feet; thence S. 30°57’44” E. 113.63 feet; thence 119.50 feet along the arc of a 114.23 foot radius curve to the right, the chord of which bears S. 0°59’35” E. 114.13 feet; thence S. 28°58’35” W. 90.46 feet; thence 172.04 feet along the arc of a 287.39 foot radius curve to the left, the chord of which bears S. 11°49’41” W. 169.48 feet; thence S. 05°19’14” E. 13.87 feet; thence 105.54 feet along the arc of a 271.32 foot radius curve to the right, the chord of which bears S. 05°43’03” W. 103.89 feet; thence S. 16°45’19” W. 50.86 feet; thence 70.92 feet along the arc of a 151.91 foot radius curve to the right, the chord of which bears S. 30°07’44” W. 70.28 feet; thence leaving the Easterly right-of-way line of said private access and utility easement on a course bearing South 257.19 feet; thence S. 88°01’21” E. 772.36 feet to the Point of Beginning. For each policy to be issued as identified in Schedule A, Item 2, the Company shall not be liable under this commitment until it receives a specific designation of a Proposed Insured, and has revised this This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule A Page 2 -.,,-,,11,r" L D IIJl \litl(IILIIUN Commitment No: 0603425-C commitment identifying that Proposed Insured by name. As provided in Commitment Condition 4, the Company may amend this commitment to add, among other things, additional exceptions or requirements after the designation of the Proposed Insured. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule A Page 3 -..,-,,11,r" L Dll ll ~lit)(. ilLIIUN Commitment No: 0603425-C COMMITMENT FOR TITLE INSURANCE Issued by Westcor Land Title Insurance Company SCHEDULE B, PART I Requirements The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the effective date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of the clerk and recorded of the county in which said property is located. All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. Evidence satisfactory to the Company or its duly authorized agent that all dues and/or5. assessments levied by the Homeowners Association have been paid through the date of closing. Release by the Public Trustee of Garfield County of the Deed of Trust from Paul Alan Froning6. and Linda Singer Froning for the use of Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Megastar Financial Corp., to secure $272,000.00, dated October 07, 2009, and recorded October 13, 2009 as Reception No. 776295. Deed from Paul Alan Froning and Linda Singer Froning to Purchaser with contractual rights7. under a purchaser agreement with the vested owner identified at item 4 below. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288-CRA 39-14-102. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part I Page 4 -.,,-,,11,r" L D IIJl \litl(IILIIUN Commitment No: 0603425-C THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR GARFIELD COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF INSURANCE. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part I - continued Page 5 -..,-,,11,r" L Dll ll ~lit)(. ilLIIUN Commitment No: 0603425-C SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. Any loss or damage, including attorney fees, by reason of the matters shown below: Any facts, right, interests, or claims which are not shown by the Public Records but which could1. be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. Easements or claims of easements, not shown by the Public Records.2. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the3. Title that would be disclosed by an accurate and complete land survey of the Land. 4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the Public Records or attaching subsequent to the effective date hereof, but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. Reservations and exceptions contained in U.S. Patents, or in Acts authorizing issuance thereof,7. recorded July 25, 1903 in Book at Page 482 as Reception No. 28253, reserving 1) Rights of the proprietor of a vein or lode to extract and remove his ore therefrom and 2) Rights of way for ditches and canals constructed under the authority of the United States. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part II Page 6 -.,,-,,11,r" L D IIJl \litl(IILIIUN Commitment No: 0603425-C Reservations and exceptions in Patents, or in Acts authorizing the issuance thereof, including the8. reservation of the right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent, recorded June 7, 1924 in Book at Page 581 as Reception No. 87545. Easements and rights of way as described in Quit Claim Deeds granted to the Board of County9. Commissions for road purposes, recorded January 30, 1939 as Reception No. 134670 and Reception No. 134671. Ditch Map for Long-Heuschkel Extension and Park Ditch, recorded February 9, 1915 in Ditch10. Book D at Page 6 as Reception No. 51170. (copy to obtain from Clerk & Recorder) Easement and right of way as by and between John L. Heuschkel and Public Service Company of11. Colorado recorded July 25, 1963 in Book 351 at Page 592 as Reception No. 222266. Terms, conditions, obligations and restrictions contained in Easement Agreement, recorded July12. 11, 1980 in Book 551 at Page 757 as Reception No. 305558, Amendment recorded January 20, 1989 in Book 747 at Page 754 as Reception No. 398505. Terms, conditions, obligations and restrictions contained in Resolution No. 84-117, recorded July13. 3, 1984 in Book 652 at Page 407 as Reception No. 353731. Easements, rights of way and other matters shown on the Plat of Lappala Road 107 Subdivision14. Exemption, recorded July 12, 1984 as Reception No. 353934. Easements and rights of way as described in Quit Claim Deeds recorded July 12, 1990 in Book15. 783 at Page 401 as Reception No. 414491 and recorded July 17, 1990 in Book 783 at Page 705 as Reception No. 414678. Terms, conditions, obligations and restrictions contained in Resolution No. 2013-57, recorded16. September 4, 2013 as Reception No. 840244. Terms, conditions, obligations and restrictions contained in Resolution No. 2014-31, recorded17. July 8, 2014 as Reception No. 851136. Terms, conditions, obligations and restrictions contained in Resolution No. 2016-48, recorded18. July 20, 2016 as Reception No. 879996. Terms, conditions, obligations and restrictions contained in Resolution No. 2018-42, recorded19. August 14, 2018 as Reception No. 910512. Terms, conditions, obligations and restrictions contained in Resolution No. 2020-39, recorded20. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part II - continued Page 7 -,\M l ll,f A Commitment No: 0603425-C August 17, 2020 as Reception No. 940301. Terms, conditions, obligations and restrictions contained in Resolution No. 2020-51, recorded21. October 20, 2020 as Reception No. 943944. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part II - continued Page 8 -,\M l ll,f A Commitment No: 0603425-C DISCLOSURE STATEMENTS Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, requires that "Every Title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the Title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed.” (Gap Protection) Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: The Land described in Schedule A of this commitment must be a single-family residence, which includes a1. condominium or townhouse unit. No labor or materials may have been furnished by mechanics or materialmen for purpose of construction on2. the Land described in Schedule A of this Commitment within the past 13 months. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's3. and materialmen's liens. Any deviation from conditions A though C above is subject to such additional requirements or Information4. as the Company may deem necessary, or, at its option, the Company may refuse to delete the exception. Payment of the premium for said coverage.5. Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.: The subject real property may be located in a special taxing district;(i) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the(ii) County Treasurer's authorized agent; and Information regarding special districts and the boundaries of such districts may be obtained from the(iii) County Commissioners, the County Clerk and Recorder, or the County Assessor. Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident withholding). Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given: (a) If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate then there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property, and (b) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note 6: Effective September 1, 1997, C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch the clerk and recorder may refuse to record or file any document that does not conform. Note 7: Our Privacy Policy: We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. Note 8: Records: Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not less than seven (7) years, except as otherwise permitted by law. Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that “A title entity shall not earn interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be made at any time up to and including closing.” Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for such Page 9 purpose(s). Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that “Until a title entity receives written instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with the following: The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a1. fiduciary capacity. The title entity shall use any funds designated as “earnest money” for the consummation of the transaction2. as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise provided in this section. If the transaction does not close, the title entity shall: Release the earnest money funds as directed by written instructions signed by both the buyer and seller;(a) or If acceptable written instructions are not received, uncontested funds shall be held by the title entity for(b) 180 days from the scheduled date of closing, after which the title entity shall return said funds to the payor. In the event of any controversy regarding the funds held by the title entity (notwithstanding any termination3. of the contract), the title entity shall not be required to take any action unless and until such controversy is resolved. At its option and discretion, the title entity may: Await any proceeding; or(a) Interplead all parties and deposit such funds into a court of competent jurisdiction, and recover court(b) costs and reasonable attorney and legal fees; or Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons(c) and complaint or claim (between buyer and seller), containing the case number of the lawsuit or lawsuits, within 120 days of the title entity's written notice delivered to the parties, title entity shall return the funds to the depositing party.” Page 10 Commitment No: 0603425-C Title Company of the Rockies Disclosures All documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at leastone inch and a left, right and bottom margin of at least one half of an inch. The Clerk and Recorder will refuse torecord or file any document that does not conform to the requirements of this section. Pursuant to C.R.S.30-10-406(3)(a). The company will not issue its policy or policies of title insurance contemplated by this commitment until it has beenprovided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the CountyTreasurer's authorized agent: or until the Proposed Insured has notified or instructed the company in writing to thecontrary. Pursuant to C.R.S. 10-11-122. No person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as apart of such services until those funds have been received and are available for immediate withdrawals as a matter ofright. Pursuant to C.R.S. 38-35-125(2). The Company hereby notifies the proposed buyer in the current transaction that there may be recorded evidence that the mineral estate, or portion thereof, has been severed, leased, or otherwise conveyed from the surface estate. If so, there is a substantial likelihood that a third party holds some or all interest in the oil, gas, other minerals, or geothermal energy in the subject property. Such mineral estate may include the right to enter and use the property without the surface owner's permission. Pursuant to C.R.S. 10-11-123. If this transaction includes a sale of property and the sales price exceeds $100,000.00, the seller must comply with thedisclosure/withholding requirements of said section. (Nonresident withholding) Pursuant to C.R.S. 39-22-604.5. Notice is hereby given that: The subject property may be located in a special taxing district. A Certificate of Taxesdue listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorizedagent. Information regarding special districts and the boundaries of such districts may be obtained from the Board ofCounty Commissioners, the County Clerk and Recorder, or the County Assessor. Pursuant to C.R.S. 10-11-122. Notice is hereby given that: Pursuant to Colorado Division of Insurance Regulation 8-1-2; "Gap Protection" -When this Company conducts the closing and is responsible for recording or filing the legaldocuments resulting from the transaction, the Company shall be responsible for all matters which appear on therecord prior to such time or recording or filing; and "Mechanic's Lien Protection" - If you are the buyer of a single family residence, you may request mechanic's liencoverage to be issued on your policy of Insurance. If the property being purchased has not been the subject ofconstruction, improvements or repairs in the last six months prior to the date of this commitment, therequirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity bythe seller. If the property being purchased was constructed, improved or repaired within six months prior to thedate of this commitment the requirements may involve disclosure of certain financial information, payment ofpremiums, and indemnity, among others. The general requirements stated above are subject to revision andapproval by the Company. Pursuant to C.R.S. 10-11-122. Notice is hereby given that an ALTA Closing Protection Letter is available, upon request, to certain parties to the transaction as noted in the title commitment. Pursuant to Colorado Division of Insurance Regulation 8-1. Nothing herein contained will be deemed to obligate the Company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Page 11 Account Number R111550 Parcel 239327200032 Acres 18.580 Assessed To FRONING, PAUL ALAN & LINDA SINGERPO BOX 545CARBONDALE, CO 81623-0545 Legal Description Situs Address Section: 27 Township: 7 Range: 88 A TR IN LOT 4 BEG AT SE COR OF LOT 4 18.58 ACRES 000700 107 COUNTY RD,700 RED HILL RD Year Tax Interest Fees Payments Balance Tax Charge 2020 $3,175.64 $0.00 $0.00 ($3,175.64)$0.00 Total Tax Charge $0.00 Grand Total Due as of 07/01/2021 $0.00 Tax Billed at 2020 Rates for Tax Area 011 - 1R-MF-011 Authority Mill Levy Amount GARFIELD COUNTY 12.2610000 $603.12 GARFIELD COUNTY - ROAD & B 0.0870000 $4.28 GARFIELD COUNTY - CAPITAL E 0.8710000 $42.84 GARFIELD COUNTY - RETIREMEN 0.4360000 $21.45 CARBONDALE AND RURAL FIRE -10.4970000 $516.35 BASALT WATER CONSER 0.0370000*$1.82 COLO RIVER WATER CONS 0.5020000 $24.69 SCHOOL DISTRICT RE-1 - GEN 22.1160000*$1,087.89 SCHOOL DISTRICT RE-1 - MIL 7.5750000 $372.61 SCHOOL DISTRICT RE-1 - BON 12.3390000 $606.96 COLORADO MTN COLLEGE 4.0130000 $197.40 GARFIELD COUNTY PUBLIC LIBR 2.5050000 $123.22 CARBONDALE & RURAL FIRE -2.2990000 $113.09 Taxes Billed 2020 75.5380000 $3,715.72 SeniorExemption ($540.08) Net Taxes Billed for 2020 $3,175.64 * Credit Levy Values Actual Assessed SINGLE FAM.RES.-LAND $275,000 $19,660 SINGLE FAM.RES-IMPROVEMTS $413,000 $29,530 Total $688,000 $49,190 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER SEPTEMBER 1ST. TAX SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. Garfield County Treasurer P.O. Box 1069 Glenwood Springs, CO 81602-1069 (970) 945-6382 Garfield County Treasurer Statement Of Taxes Due D A C 'f D aoO L c6 ",m:field Cowrty 1620 Grand Avenue Bldg Main Floor 1 Glenwood Springs, CO 81601 Phone: 970-945-1169 Fax: 844-269-2759 www.titlecorockies.com Commitment Ordered By: Mark Chain Mark Chain Inquiries should be directed to: Nevada Hunter Title Company of the Rockies 1620 Grand Avenue Bldg Main Floor 1 Glenwood Springs, CO 81601 Phone: 970-945-1169 Fax: 844-269-2759 Commitment Number:0603424-C Buyer's Name(s):Purchaser with contractual rights under a purchaser agreement with the vested owner identified at item 4 below Seller's Name(s):Karen F. Hatchett and John W. Hatchett, Donald M. Froning and Billie J. Froning and Paul Alan Froning and Linda Singer Froning Property:TBD, Carbondale, CO 81623 Section: 27 Township: 7 Range: 88, County of Garfield, State of Colorado. TITLE CHARGES These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges related thereto. If applicable, the designation of “Buyer” and “Seller” shown below may be based on traditional settlement practices in Garfield County, Colorado, and/or certain terms of any contract, or other information provided with the Application for Title Insurance. Owner’s Policy Premium: Loan Policy Premium: Additional Lender Charge(s): Additional Other Charge(s): Tax Certificate: Total Endorsement Charge(s): TBD Charge(s): TOTAL CHARGES: $25.00 $250.00 $275.00 Service Beyond Expectation in Colorado for: Eagle, Garfield, Grand, Pitkin and Summit Counties. (Limited Coverage: Jackson, Lake, Park and Routt Counties) Locations In: Avon/Beaver Creek, Basalt, Breckenridge, Grand Lake and Winter Park. (Closing Services available in Aspen and Glenwood Springs). CM-2 (ALTA Commitment for Title Insurance (6-17-06)(WLTIC Edition (9/26/07) ALTA Commitment For Title Insurance (Adopted 06-17-06) (Revised 08-01-2016) COMMITMENT FOR TITLE INSURANCE ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, WESTCOR LAND TITLE INSURANCE COMPANY, a South Carolina Corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within six (6) months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed and by these presents to be signed in facsimile under authority of its by-laws, effective as of the date of Commitment shown in Schedule A. Issued By: WESTCOR LAND TITLE INSURANCE COMPANY Title Company of the Rockies, LLC 10 W Beaver Creek Blvd., Suite 221, PO Box 980 Avon, CO 81620-0980 Phone: (970) 949-9497 WESTCOR LANO TITLE IN SU l!ANC COM PA y CONDITIONS The term mortgage, when used herein, shall include deed of trust, trust deed, or other1. security instrument. If the proposed Insured has or acquired actual knowledge of any defect, lien,2. encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. Liability of the Company under this Commitment shall be only to the named3. proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. This Commitment is a contract to issue one or more title insurance policies and is not4. an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. The policy to be issued contains an arbitration clause. All arbitrable matters when5. the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< http://www.alta.org/>. Westcor Land Title Insurance Company Joint Notice of Privacy Policy of Westcor Land Title Insurance Company and Title Company of the Rockies, LLC Westcor Land Title Insurance Company (“WLTIC”) and Title Company of the Rockies, LLC value their customers and are committed to protecting the privacy of personal information. In keeping with that philosophy, we each have developed a Privacy Policy, set out below, that will endure the continued protection of your nonpublic personal information and inform you about the measures WLTIC and Title Company of the Rockies, LLC take to safeguard that information. This notice is issued jointly as a means of paperwork reduction and is not intended to create a joint privacy policy. Each company’s privacy policy is separately instituted, executed, and maintained. Who is Covered We provide our Privacy Policy to each customer when they purchase a WLTIC title insurance policy. Generally, this means that the Privacy Policy is provided to the customer at the closing of the real estate transaction. Information Collected In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic personal information directly from the customer, from customer-related transactions, or from third parties such as our title insurance agent, lenders, appraisers, surveyors and other similar entities. Access to Information Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform their jobs. These employees include, but are not limited to, those in departments such as closing, legal, underwriting, claims and administration and accounting. Information Sharing Generally, neither WLTIC nor Title Company of the Rockies, LLC shares nonpublic personal information that it collects with anyone other than those individuals necessary needed to complete the real estate settlement services and issue its title insurance policy as requested by the consumer. WLTIC or Title Company of the Rockies, LLC may share nonpublic personal information as permitted by law with entities with whom WLTIC or Title Company of the Rockies, LLC has a joint marketing agreement. Entities with whom WLTIC or Title Company of the Rockies, LLC have a joint marketing agreement have agreed to protect the privacy of our customer’s nonpublic personal information by utilizing similar precautions and security measures as WLTIC and Title Company of the Rockies, LLC use to protect this information and to use the information for lawful purposes. WLTIC or Title Company of the Rockies, LLC, however, may share information as required by law in response to a subpoena, to a government regulatory agency or to prevent fraud. Information Security WLTIC and Title Company of the Rockies, LLC, at all times, strive to maintain the confidentiality and integrity of the personal information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical, electronic and procedural safeguards in compliance with federal standards to protect that information. The WLTIC Privacy Policy can be found on WLTIC ’s website at www.wltic.com COMMITMENT FOR TITLE INSURANCE Issued by as agent for Westcor Land Title Insurance Company SCHEDULE A Reference:Commitment Number: 0603424-C 1.Effective Date: June 28, 2021, 7:00 am Issue Date: July 07, 2021 2. Policy (or Policies) to be issued: ALTA Owner's Policy (6-17-06)Policy Amount:Amount to be Determined Premium:Amount to be Determined Proposed Insured:Purchaser with contractual rights under a purchaser agreement with the vested owner identified at item 4 below 3.The estate or interest in the land described or referred to in this Commitment is Fee Simple. 4.The Title is, at the Commitment Date, vested in: Karen F. Hatchett and John W. Hatchett, Donald M. Froning and Billie J. Froning, and Paul Alan Froning and Linda Singer Froning 5.The land referred to in this Commitment is described as follows: FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE For Informational Purposes Only - APN: R111549 Countersigned Title Company of the Rockies, LLC By: Mike Mulligan This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule A Page 1 rn TIT LE COMPANY ~ of the rockies -.,,-,,11,r" L D IIJl \litl(IILIIUN Commitment No: 0603424-C SCHEDULE A (continued) LEGAL DESCRIPTION The Land referred to herein is located in the County of Garfield, State of Colorado, and described as follows: A parcel of land situated in Lot 4, of Section 27, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, lying Easterly of the Easterly right-of-way line of County Road No. 107 and Westerly of the Easterly right-of-way line of a 30 foot wide access and utility easement, said parcel of land being more fully described as follows: Beginning at a brass cap in place and properly marked as W/4 Corner of said Section 27; thence N. 00°01'24" E. 367.15 feet to a point on the Easterly right-of-way line of County Road No. 107; thence along the Easterly right-of-way line of said county road the following courses: 63.35 feet along the arc of a 135.88 foot radius curve to the left, the chord of which bears N. 46°30’09” E. 62.78 feet; thence N. 33°08’46” E. 217.96 feet; thence 107.84 feet along the arc of a 510.06 foot radius curve to the left, the chord of which bears N. 27°05’22” E. 107.64 feet; thence N. 21°01’56” E. 87.25; thence 66.46 feet along the arc of a 157.93 foot radius curve to the right, the chord of which bears N. 33°05’16” E. 65.97 feet; thence N. 45°08’35” E. 40.25 feet; thence 138.42 feet along arc of a 210.85 foot radius curve to the left, the chord of which bears N. 26°20’08” E. 135.95 feet; thence N. 07°31’41” E. 127.76 feet; thence 148.98 feet along the arc of a 347.77 foot radius curve to the right, the chord of which bears N. 19°48’01” E. 117.84 feet; thence N. 32°04’20” E. 73.53 feet; thence leaving the Easterly right-of-way of said County Road No. 107 on a course bearing East 151.45; to a point on the Westerly right-of-way line of a 30 foot wide private access easement; thence along the Westerly right-of-way line of said private access easement the following courses; S. 11°40’03” E. 64.13 feet; thence 18.80 feet along the arc of a 237.55 foot radius curve to the right, the chord of which bears S. 09°24’00” E. 18.80 feet; thence S. 07°07’57” E. 71.96 feet; thence N. 17°16’34” E. 38.36 feet to a point on the easterly right-of-way line of a 30 foot wide private access and utility easement; thence along the Easterly right-of-way line of said private access and utility easement the following courses: S. 23°53’41” W. 31.37 feet; This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule A Page 2 -.,,-,,11,r" L D IIJl \litl(IILIIUN Commitment No: 0603424-C thence 42.54 feet along the arc of a 240.58 foot radius curve to the right, the chord of which bears S. 28°57’41” W. 42.48 feet; thence S. 34°01’34” W. 76.90 feet; thence 116.55 feet along the arc of a 102.75 foot radius curve to the left, the chord of which bears S. 01°31’55” W. 110.40 feet; thence S. 30°57’44” E. 113.63 feet; thence 119.50 feet along the arc of a 114.23’ radius curve to the right, the chord of which bears S. 00°59’35” E. 114.13 feet; thence S. 28°58’35” W. 90.46 feet; thence 172.04 feet along the arc of a 287.39 foot radius curve to the left, the chord of which bears S. 11°49’41” W. 169.48 feet; thence S. 05°19’14” 13.87 feet; thence 104.54 feet along the arc of a 271.32 foot radius curve to the right, the chord of which bears S. 05°43’03” W. 103.89 feet; thence S. 16°45’19” W. 50.86 feet; thence 70.92 feet along the arc of a 151.91 foot radius curve to the right, the chord of which bears S/ 30°07’44” W. 70.28 feet; thence leaving the Easterly right-of-way line of said private access and utility easement on a course bearing South 257.19 feet; thence N. 88°01’21” W. 533.0 feet to the Point of Beginning. For each policy to be issued as identified in Schedule A, Item 2, the Company shall not be liable under this commitment until it receives a specific designation of a Proposed Insured, and has revised this commitment identifying that Proposed Insured by name. As provided in Commitment Condition 4, the Company may amend this commitment to add, among other things, additional exceptions or requirements after the designation of the Proposed Insured. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule A Page 3 -..,-,,11,r" L Dll ll ~lit)(. ilLIIUN Commitment No: 0603424-C COMMITMENT FOR TITLE INSURANCE Issued by Westcor Land Title Insurance Company SCHEDULE B, PART I Requirements The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the effective date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of the clerk and recorded of the county in which said property is located. All of the following Requirements must be met: 1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2. Pay the agreed amount for the estate or interest to be insured. 3. Pay the premiums, fees, and charges for the Policy to the Company. 4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. Evidence satisfactory to the Company or its duly authorized agent that all dues and/or5. assessments levied by the Homeowners Association have been paid through the date of closing. NOTE: Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. Deed from Karen F. Hatchett and John W. Hatchett, Donald M. Froning and Billie J. Froning,6. and Paul Alan Froning and Linda Singer Froning to Purchaser with contractual rights under a purchaser agreement with the vested owner identified at item 4 below. NOTE: Duly executed real property transfer declaration, executed by either the Grantor or Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No. 1288-CRA 39-14-102. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part I Page 4 -.,,-,,11,r" L D IIJl \litl(IILIIUN Commitment No: 0603424-C THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR GARFIELD COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE COMPANY. NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF INSURANCE. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part I - continued Page 5 -..,-,,11,r" L Dll ll ~lit)(. ilLIIUN Commitment No: 0603424-C SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. Any loss or damage, including attorney fees, by reason of the matters shown below: Any facts, right, interests, or claims which are not shown by the Public Records but which could1. be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. Easements or claims of easements, not shown by the Public Records.2. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the3. Title that would be disclosed by an accurate and complete land survey of the Land. 4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any created, first appearing in the Public Records or attaching subsequent to the effective date hereof, but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. Reservations and exceptions contained in U.S. Patents, or in Acts authorizing issuance thereof,7. recorded July 25, 1903 in Book at Page 482 as Reception No. 28253, reserving 1) Rights of the proprietor of a vein or lode to extract and remove his ore therefrom and 2) Rights of way for ditches and canals constructed under the authority of the United States. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part II Page 6 -.,,-,,11,r" L D IIJl \litl(IILIIUN Commitment No: 0603424-C Reservations and exceptions in Patents, or in Acts authorizing the issuance thereof, including the8. reservation of the right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent, recorded June 7, 1924 in Book at Page 581 as Reception No. 87545. Easements and rights of way as described in Quit Claim Deeds granted to the Board of County9. Commissions for road purposes, recorded January 30, 1939 as Reception No. 134670 and Reception No. 134671. Ditch Map for Long-Heuschkel Extension and Park Ditch, recorded February 9, 1915 in Ditch10. Book D at Page 6 as Reception No. 51170. (copy to obtain from Clerk & Recorder) Easement and right of way as by and between John L. Heuschkel and Public Service Company of11. Colorado recorded July 25, 1963 in Book 351 at Page 592 as Reception No. 222266. Terms, conditions, obligations and restrictions contained in Easement Agreement, recorded July12. 11, 1980 in Book 551 at Page 757 as Reception No. 305558, Amendment recorded January 20, 1989 in Book 747 at Page 754 as Reception No. 398505. Terms, conditions, obligations and restrictions contained in Resolution No. 84-117, recorded July13. 3, 1984 in Book 652 at Page 407 as Reception No. 353731. Easements, rights of way and other matters shown on the Plat of Lappala Road 107 Subdivision14. Exemption, recorded July 12, 1984 as Reception No. 353934. Easements and rights of way as described in Quit Claim Deeds recorded July 12, 1990 in Book15. 783 at Page 401 as Reception No. 414491 and recorded July 17, 1990 in Book 783 at Page 705 as Reception No. 414678. Terms, conditions, obligations and restrictions contained in Resolution No. 2013-57, recorded16. September 4, 2013 as Reception No. 840244. Terms, conditions, obligations and restrictions contained in Resolution No. 2014-31, recorded17. July 8, 2014 as Reception No. 851136. Terms, conditions, obligations and restrictions contained in Resolution No. 2016-48, recorded18. July 20, 2016 as Reception No. 879996. Terms, conditions, obligations and restrictions contained in Resolution No. 2018-42, recorded19. August 14, 2018 as Reception No. 910512. Terms, conditions, obligations and restrictions contained in Resolution No. 2020-39, recorded20. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part II - continued Page 7 -,\M l ll,f A Commitment No: 0603424-C August 17, 2020 as Reception No. 940301. Terms, conditions, obligations and restrictions contained in Resolution No. 2020-51, recorded21. October 20, 2020 as Reception No. 943944. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Commitment for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part II - continued Page 8 -,\M l ll,f A Commitment No: 0603424-C DISCLOSURE STATEMENTS Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, requires that "Every Title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the Title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed.” (Gap Protection) Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: The Land described in Schedule A of this commitment must be a single-family residence, which includes a1. condominium or townhouse unit. No labor or materials may have been furnished by mechanics or materialmen for purpose of construction on2. the Land described in Schedule A of this Commitment within the past 13 months. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's3. and materialmen's liens. Any deviation from conditions A though C above is subject to such additional requirements or Information4. as the Company may deem necessary, or, at its option, the Company may refuse to delete the exception. Payment of the premium for said coverage.5. Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.: The subject real property may be located in a special taxing district;(i) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the(ii) County Treasurer's authorized agent; and Information regarding special districts and the boundaries of such districts may be obtained from the(iii) County Commissioners, the County Clerk and Recorder, or the County Assessor. Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident withholding). Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given: (a) If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate then there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property, and (b) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note 6: Effective September 1, 1997, C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch the clerk and recorder may refuse to record or file any document that does not conform. Note 7: Our Privacy Policy: We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. Note 8: Records: Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not less than seven (7) years, except as otherwise permitted by law. Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that “A title entity shall not earn interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be made at any time up to and including closing.” Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for such Page 9 purpose(s). Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that “Until a title entity receives written instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with the following: The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a1. fiduciary capacity. The title entity shall use any funds designated as “earnest money” for the consummation of the transaction2. as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise provided in this section. If the transaction does not close, the title entity shall: Release the earnest money funds as directed by written instructions signed by both the buyer and seller;(a) or If acceptable written instructions are not received, uncontested funds shall be held by the title entity for(b) 180 days from the scheduled date of closing, after which the title entity shall return said funds to the payor. In the event of any controversy regarding the funds held by the title entity (notwithstanding any termination3. of the contract), the title entity shall not be required to take any action unless and until such controversy is resolved. At its option and discretion, the title entity may: Await any proceeding; or(a) Interplead all parties and deposit such funds into a court of competent jurisdiction, and recover court(b) costs and reasonable attorney and legal fees; or Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons(c) and complaint or claim (between buyer and seller), containing the case number of the lawsuit or lawsuits, within 120 days of the title entity's written notice delivered to the parties, title entity shall return the funds to the depositing party.” Page 10 Commitment No: 0603424-C Title Company of the Rockies Disclosures All documents received for recording or filing in the Clerk and Recorder's office shall contain a top margin of at leastone inch and a left, right and bottom margin of at least one half of an inch. The Clerk and Recorder will refuse torecord or file any document that does not conform to the requirements of this section. Pursuant to C.R.S.30-10-406(3)(a). The company will not issue its policy or policies of title insurance contemplated by this commitment until it has beenprovided a Certificate of Taxes due or other equivalent documentation from the County Treasurer or the CountyTreasurer's authorized agent: or until the Proposed Insured has notified or instructed the company in writing to thecontrary. Pursuant to C.R.S. 10-11-122. No person or entity that provides closing and settlement services for a real estate transaction shall disburse funds as apart of such services until those funds have been received and are available for immediate withdrawals as a matter ofright. Pursuant to C.R.S. 38-35-125(2). The Company hereby notifies the proposed buyer in the current transaction that there may be recorded evidence that the mineral estate, or portion thereof, has been severed, leased, or otherwise conveyed from the surface estate. If so, there is a substantial likelihood that a third party holds some or all interest in the oil, gas, other minerals, or geothermal energy in the subject property. Such mineral estate may include the right to enter and use the property without the surface owner's permission. Pursuant to C.R.S. 10-11-123. If this transaction includes a sale of property and the sales price exceeds $100,000.00, the seller must comply with thedisclosure/withholding requirements of said section. (Nonresident withholding) Pursuant to C.R.S. 39-22-604.5. Notice is hereby given that: The subject property may be located in a special taxing district. A Certificate of Taxesdue listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorizedagent. Information regarding special districts and the boundaries of such districts may be obtained from the Board ofCounty Commissioners, the County Clerk and Recorder, or the County Assessor. Pursuant to C.R.S. 10-11-122. Notice is hereby given that: Pursuant to Colorado Division of Insurance Regulation 8-1-2; "Gap Protection" -When this Company conducts the closing and is responsible for recording or filing the legaldocuments resulting from the transaction, the Company shall be responsible for all matters which appear on therecord prior to such time or recording or filing; and "Mechanic's Lien Protection" - If you are the buyer of a single family residence, you may request mechanic's liencoverage to be issued on your policy of Insurance. If the property being purchased has not been the subject ofconstruction, improvements or repairs in the last six months prior to the date of this commitment, therequirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity bythe seller. If the property being purchased was constructed, improved or repaired within six months prior to thedate of this commitment the requirements may involve disclosure of certain financial information, payment ofpremiums, and indemnity, among others. The general requirements stated above are subject to revision andapproval by the Company. Pursuant to C.R.S. 10-11-122. Notice is hereby given that an ALTA Closing Protection Letter is available, upon request, to certain parties to the transaction as noted in the title commitment. Pursuant to Colorado Division of Insurance Regulation 8-1. Nothing herein contained will be deemed to obligate the Company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Page 11 Account Number R111549 Parcel 239327200031 Acres 12.390 Assessed To HATCHETT, KAREN F& JOHN W756 BROOKHOLLOW LANEBARTLESVILLE, OK 74006 Legal Description Situs Address Section: 27 Township: 7 Range: 88 A TR IN LOT 4 BEG. AT THE W1/4 COR. OF SEC. 27 12.39 ACRES Year Tax Interest Fees Payments Balance Tax Charge 2020 $6,024.16 $0.00 $0.00 ($6,024.16)$0.00 Total Tax Charge $0.00 Grand Total Due as of 07/01/2021 $0.00 Tax Billed at 2020 Rates for Tax Area 011 - 1R-MF-011 Authority Mill Levy Amount GARFIELD COUNTY 12.2610000 $977.81 GARFIELD COUNTY - ROAD & B 0.0870000 $6.94 GARFIELD COUNTY - CAPITAL E 0.8710000 $69.46 GARFIELD COUNTY - RETIREMEN 0.4360000 $34.77 CARBONDALE AND RURAL FIRE -10.4970000 $837.14 BASALT WATER CONSER 0.0370000*$2.95 COLO RIVER WATER CONS 0.5020000 $40.03 SCHOOL DISTRICT RE-1 - GEN 22.1160000*$1,763.75 SCHOOL DISTRICT RE-1 - MIL 7.5750000 $604.11 SCHOOL DISTRICT RE-1 - BON 12.3390000 $984.04 COLORADO MTN COLLEGE 4.0130000 $320.04 GARFIELD COUNTY PUBLIC LIBR 2.5050000 $199.77 CARBONDALE & RURAL FIRE -2.2990000 $183.35 Taxes Billed 2020 75.5380000 $6,024.16 * Credit Levy Values Actual Assessed 10 AC TO L/T 35 AC $275,000 $79,750 Total $275,000 $79,750 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER SEPTEMBER 1ST. TAX SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. Garfield County Treasurer P.O. Box 1069 Glenwood Springs, CO 81602-1069 (970) 945-6382 Garfield County Treasurer Statement Of Taxes Due D A C 'f D aoO L c6 ",m:field Cowrty 43 IRREVOCABLE STANDBY LETTER OF CREDIT Reference #: Amount: Date of Issue: Expiration Date: BENEFICIARY: Board of County Commissioners of Garfield County (“Beneficiary” or “BOCC”) 108 8th Street, Suite 213 Glenwood Springs, CO 81601 ACCOUNT PARTY/Applicant: Froning Family Subdivision LLC Establishment/Face Amount/Purpose/Expiration Date/Transferability We hereby establish/issue/open, at the request of the Froning Family Subdivision, LLC , Irrevocable Standby Letter of Credit No. in an amount not to exceed Thousand Hundred Dollars and Cents ($ ). The purpose of this letter is to secure the Applicant/Account Party’s performance of and compliance with the agreement between Applicant/Account Party and Beneficiary, dated and titled (“Subdivision Improvements Agreement”). This Letter of Credit expires at Bank, at p.m. Mountain Standard Time on , 200 . This letter is not transferable. Partial Releases Partial draws are [are not] permitted. The BOCC may [may not] authorize periodic reductions in the face amount of this Letter of Credit [If Bank requires Reduction Certificates: and, if so authorized, the revised face amount of the Letter of Credit shall be evidenced by a separate Reduction Certificate, approved and executed by the BOCC or the BOCC’s authorized representative]. Conditions for Payment to Beneficiary Drafts submitted by Beneficiary must be accompanied by the following documents: 1. Beneficiary’s signed statement executed by the Chairman of the BOCC or the BOCC’s authorized designee stating: Froning Family Subdivision LLC, developer of Subdivision is in default of its obligations set forth in that certain Subdivision Improvements Agreement between and the BOCC, dated , and recorded as Reception Number in Book at Page of the Real Estate Records of the Office of the Garfield County Clerk and Recorder. / 44 2. The original Letter of Credit, endorsed on the reverse side with the words: “Drawn by the Board of County Commissioners of Garfield County, Colorado in the amount of $ ,” manually signed by the Chairman or the BOCC’s authorized representative. 3. Telefacsimile of the Draw Documents is acceptable to our Fax No. . If presentation is made by fax, prompt phone notification must be given to , (telephone no.), or , (telephone no.). The fax presentation shall be deemed the original presentation. In the event of a full or final drawing the original standby Letter of Credit must be returned to bank by overnight courier at the time of fax presentation. Cancellation This Letter of Credit and amendments, if any, must be returned to us for cancellation by Applicant/Account party with a statement signed by the Beneficiary stating: “This Letter of Credit is no longer required by the BOCC and is hereby returned to the issuing bank for cancellation.” Issuer’s Undertaking We hereby agree to honor each draft drawn under and in compliance with the terms of this Letter of Credit if presented, together with the documents above specified, to (name) Bank, (street address) (city/town) , Colorado, on or before the date of expiration identified above. This letter is issued subject to the Uniform Customs and Practices for Documentary Credit ( Revision), International Chamber of Commerce Publication Number 600 and the Uniform Commercial Code at C.R.S., §4-1-101 et seq., as amended. The laws of the State of Colorado shall govern the validity, interpretation, performance and enforcement of this Letter of Credit, and mandatory exclusive venue for any judicial proceeding pertaining to this Letter of Credit shall be in a court of competent jurisdiction in Garfield County, Colorado. Bank By Name Title THIS IS A FORM DOCUMENT. BANKS USE DIFFERENT FORMATS AND DIFFERENT TERMS TO IDENTIFY ISSUER, APPLICANT AND BENEFICIARY. ASK YOUR BANK TO ADDRESS THE MATTERS IDENTIFIED ABOVE: Establishment, Face Amount, Purpose, Expiration Date, Transferability, Partial /Single Releases, Conditions for Payment to Beneficiary, Cancellation, Issuer’s Undertaking AND TO SPECIFY WHETHER OR NOT PARTIAL RELEASES OF THE LETTER OF CREDIT, IF ALLOWED, REQUIRE THE USE OF REDUCTION CERTIFICATES. LETTERS OF CREDIT ARE HELD IN THE CUSTODY OF THE GARFIELD COUNTY TREASURER. ADDRESS QUESTIONS RELATED TO PARTIAL OR FULL RELEASE, HOWEVER, TO THE BUILDING AND PLANNING DEPARTMENT. / /- / / DEVELOPMENT AGREEMENT THIS FRONING FAMILY SUBDIVISION ("Froning Family Subdivision"), DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this _____day of _______, 2022, by and between"), FRONING FAMILY SUBDIVISION LLC. A Colorado limited liability company ("Owner" or "Developer") and the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO (referred to in this Agreement as the "Board" or "County"). WITNESSETH: WHEREAS, shortly after the execution of this Agreement the developer will exercise an option to purchase property from the Froning Family and will then be the Owner of a parcel of real property located within Garfield County, Colorado, known as the Froning Family Subdivision, which property is described on Exhibit A hereto (the "Property"); and WHEREAS, Developer has acted as the "Applicant" with the consent of the previous owner through the subdivision process; and WHEREAS, on August 20, 2012 the Board approved a Preliminary Plan for Froning Family Subdivision (Resolution No. 2012-76) which, among other things, would create five (5) single-family residential lots; and WHEREAS, on October 19, 2020 the Board approved a Minor Amendment to the Preliminary Plan (Resolution No. 2020-51) which modified 4 building envelopes; and WHEREAS, Developer has submitted to the County for its approval a final subdivision plat ("Final Plat") of the subdivision, and WHEREAS, as a condition of approval of the Final Plat submitted to the County for its approval as required by the laws of the State of Colorado, Developer wishes to enter into this Development Agreement with the County; and WHEREAS, Developer has agreed to certain restrictions and conditions regarding the issuance of building permits, certificates of occupancy and sale of properties, all as more fully set forth below in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. DEFINITIONS. a. Final Plat means the document consisting of 3 sheets to be recorded with the Garfield County Clerk and Recorder entitled Final Plat, Froning Family Subdivision. b. Plat Documents mean the Construction Documents for prepared by Sopris Engineering, Inc, under project number 28189, consisting of 7 pages, dated August 10, 2021, together with the Final Plat. 2. FINAL PLAT APPROVAL. The County hereby accepts and approves the Final Plat for Froning Family Subdivision, subject to the terms and conditions of this Agreement, the Preliminary Plan Approval (Resolution No. 2012-76), and the requirements of the Garfield County Zoning and Subdivision Regulations. 3. DEVELOPER'S PERFORMANCE. Developer shall cause to be constructed and installed, at its own expense, those Development ("Improvements" or "Development") related to the Final Plat for Froning Family Subdivision which are required to be constructed under the Preliminary Plan Approval, this Agreement, the Final Plat, and all Garfield County Zoning and Subdivision Regulations. Developer shall comply with the following: a. All Plat documents submitted prior to or at the time of Final Plat approval, as well as all terms and conditions set forth on the Final Plat, all of which are incorporated herein by this reference; b. All requirements of the Preliminary Plat Approval and all Garfield County Zoning and Subdivision Regulations applicable to this project; c. All laws, regulations, orders and resolutions of the State of Colorado, and the County of Garfield; d. All designs, specifications, drawings, maps, sketches, and other materials submitted by Developer and its engineers in furtherance of the application for the approval of Froning Family Subdivision, as heretofore approved by the County, including all improvements shown on the Plat Documents. e. Payment of all fees required by the County and/or such other government authority or special district with jurisdiction, as may be required for installation of the improvements. f. All such improvements shall be completed no later than one (1) year after the date of recording of this Agreement in the Office of the Garfield County Clerk and Recorder, which period may be extended by the Board for good cause shown. g. Any applicant for any building permit within the Subdivision shall provide a site grading plan demonstrating how flows from the existing basins will be mitigated. This is added as a plat note on the Final Plat and within the Covenants. h. Designs for any retaining walls required for the Subdivision are included in this Agreement and easements shall be created that are dedicated to the homeowner’s association and retaining walls shall be maintained by the association. The County agrees that if all required improvements are installed in accordance with this Agreement; the requirements of the Preliminary Plan approval; the Plat Documents, the as-built drawings to be submitted upon completion of the improvements and the requirements of the Garfield County Zoning and Subdivision resolutions and regulations; and all other requirements of this Agreement, then the Owner shall be deemed to have satisfied all terms and conditions of the Zoning and Subdivision Regulations of Garfield County, Colorado with respect to the installation of improvements relating to the Development. 4. COMPLETION OF IMPROVEMENTS AND LETTER OF CREDIT The estimated cost of completing the Froning Family Subdivision Development, as set forth and certified by a licensed engineer on Exhibit B attached hereto, is $409,700.50 (such estimate includes typical construction costs, construction inspection, engineering fees and a 10% contingency fund). Letter of Credit. Since the County may, at its sole option, permit the Developer to substitute an acceptable alternative for collateral or a Letter of Credit and since there is no infrastructure being dedicated to the County and the Developer is making improvements to land that it owns, the Parties agree that the only security necessary for the Project is a Letter of Credit (LOC) to secure the amount estimated in the Engineer’s Opinion of Probable Reclamation Costs attached as Exhibit “C”. Restriction on Final Plat. The parties understand as part of this approval that the final plat shall not be executed by the County or recorded until the improvements are in place and the County accepts the Certificate of Completion from the Project Engineer which shall be transmitted to the Community Development Department as part of the process of completion of the subdivision improvements. The County should also have the ability if they so choose to inspect the site and improvements as part of this completion process. Reclamation LOC. The purpose of the LOC is to ensure that if the project infrastructure cannot be completed on or before one year from the date of the recording of this Development Agreement, the LOC funds will be available for returning the site to reasonable and acceptable conditions. The face amount of the LOC, $15,620.00, shall be allocated to the extent necessary for reclamation of disturbed areas within the Subdivision, the costs for which are detailed in Exhibit C and shall be secured by delivery of a Letter of Credit from the Owner to the BOCC in the form agreed to be acceptable to the BOCC, attached to and incorporated in this DIA by reference as Exhibit D (Reclamation LOC).] The Reclamation LOC shall be valid for one year after the recording of this Agreement or until the recording of the Final Plat, whichever shall occur first. Single Request for Release of Reclamation LOC. Following receipt of written approval of the Community Development Department, the Owner may request release of the Reclamation LOC and shall do so by means of submission to the BOCC, through the Community Development Department, of a Written Request for Release of Reclamation LOC, in the form attached to and incorporated herein by reference as Exhibit E, along with certification of completion by the Owner, or Owner’s agent with knowledge, and a copy of the written approval of the Community Development Department. It is specifically understood by the parties that the Reclamation LOC is not subject to successive partial releases, Further, the Reclamation LOC and the BOCC’s associated rights to withdraw funds and bring a court action may survive final release of the LOC. BOCC’s Completion of Reclamation and Other Remedies. If Owner’s reclamation efforts are deemed by the BOCC to be unsuccessful, in the sole opinion of the BOCC upon the recommendation of the Community Development Department, or if the BOCC determines that the Owner will not or cannot complete reclamation, the BOCC, in its discretion, may withdraw and employ from the Reclamation LOC such funds as may be necessary to carry out the reclamation work, up to the face amount of the Reclamation LOC. In lieu of or in addition to drawing on the Reclamation LOC, the BOCC may bring an action for injunctive relief or damages for the Owner’s failure to adhere to the provisions of this SIA related to reclamation. The BOCC shall provide the Owner a reasonable time to cure any identified deficiency prior to requesting payment from the Reclamation LOC or filing a civil action. Upon completion of all improvements, Developer shall submit to the Board of County Commissioners of Garfield County as-built drawings bearing the stamp of Developer's professional engineer certifying that all improvements have been constructed in accordance with the requirements of this Agreement, including all Final Plat plans. The County may inspect and review the improvements. 5. UTILILTIES AND WATER SUPPLY. Prior to issuance of any certificates of occupancy by the County for any homes to be located upon Froning Family Subdivision, Developer shall install all specified utilities and a water distribution system for potable water and fire protection in accordance with plans and specifications approved by the County. All easements and rights of way necessary for installation, operation, service and maintenance of such water supply and distribution system shall be established as shown on the Final Plat. There is a water augmentation plan for the subdivision. This was approved by Case No. 06 CW 195 in the state of Colorado District Court Water Division 5. Information and requirements are included in the Covenants. 6. ROADS. All roads within Froning Family Subdivision shall be dedicated to the Froning Family Subdivision Homeowners Association, Inc. for the use and benefit of the public. The homeowner’s association shall be solely responsible for the maintenance, repair and upkeep of said roads. The County shall not be obligated to maintain any roads within the subdivision. 7. INDEMNITY. To the extent allowed by law, the Developer agrees to indemnify and hold the County harmless and defend the County from all claims which may arise as a result of the Developer's installation of the improvements required pursuant to this Agreement. However, the Developer does not indemnify the County for claims made asserting that the standards imposed by the County are improper or the cause of the injury asserted. The County shall be required to notify the Developer of receipt of a notice of claim, or a notice of intent to sue, and shall afford the Developer the option of defending any such claim or action. Failure to notify and provide such written option to the Developer shall extinguish the County's rights under this paragraph. Nothing herein shall be interpreted to require the Developer to indemnify the County from claims which may arise from the negligent acts or omissions of the County or its employees. 8. SCHOOL IMPACT FEES. The Developer shall meet the requirements of the RE- 1 School District in a manner acceptable to the district. Owner has supplied the County with an appraisal per LUDC Article 7 – 404. The appraisal showed that each newly created approximately 5.0-acre lot has a value of $350,000. This yields an approximate cost per acre of $70,000. These initial calculations indicate that using the steps in Article 7 – 404 results in a fee of $1400 per new lot/unit. 9. COMPLIANCE WITH FIRE DISTRICT REQUIREMENTS. The Carbondale and Rural Fire Protection District ("District") has approved inclusion of this Subdivision in the District. The Developer shall comply with all provisions of the district’s approval, including, without limitation, that the Developer shall pay an impact fee of $730.00 per new lot created to the district at the time of Final Plat approval. 10. SALE OF LOTS. Except for the entirety of the Property, no lots, tracts, or parcels within Froning Family Subdivision may be separately conveyed prior to recording of the Final Plat for Froning Family Subdivision in the records of the Garfield County Clerk & Recorder. 11. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. As one remedy for breach of this Agreement, the County may withhold issuance of building permits for any residence or other habitable structure requiring a permit to be constructed upon Lots 1 through 5, and/or any other structures requiring building permits within Froning Family Subdivision. Further, the parties agree that no certificates of occupancy shall issue for any buildings or structures, including residences, within Froning Family Subdivision until all on-site improvements have been completed and are operational as required by this Agreement. Developer shall provide the purchaser of a lot, prior to conveyance of the lot, a signed copy of a form in substantially the same form as that attached to and incorporated herein by reference as Exhibit C concerning the restrictions upon issuance of building permits and certificates of occupancy detailed in this Agreement, Final Plat Approval and Preliminary Plan Approval. 12. ENFORCEMENT. In addition to any rights which may be provided by Colorado statute, the withholding of building permits and certificates of occupancy provided for in paragraph 11 above, and the provisions for release of security, detailed in paragraph 4 above, it is mutually agreed by the County and the Developer that the County, without making an election of remedies, or any purchaser of any lot within the Subdivision shall have the authority to bring an action in the Garfield County District Court to compel enforcement of this Agreement. Nothing in this Agreement, however, shall be interpreted to require the County to bring an action for enforcement or to withhold permits or certificates or to withdraw and use security. Nor shall this paragraph or any other provision of this Agreement be interpreted to permit the purchaser of a lot to file an action against the County. 13. CONSENT TO VACATE PLAT. In the event the Developer fails to comply with the terms of this Agreement, the County shall have the ability to vacate the Final Plat for Froning Family Subdivision as it pertains to any lots for which building permits have not been issued. As to lots for which building permits have been issued, the plat shall not be vacated and shall remain valid. In such event, the Developer shall provide the County a survey, legal description and a plat showing the location of any portion of the Final Plat so vacated and shall record the plat in the Office of the Garfield County Clerk and Recorder. If such plat is not recorded by the Developer, the County may vacate the plat, or portions thereof, by Resolution. It is specifically agreed that this paragraph 13 applies to the Subdivision as a multi-phased project and therefore, in the event the County vacates the Final Plat as to the Subdivision, subject of this agreement, the County may also withhold approval of a final plat for a future phase if on-site or off-site Improvements covered by this Agreement are not completely installed and operable. 14. NOTICE OF RECORDATION. This Agreement shall be recorded in the Office of the Garfield County Clerk and Recorder and shall be a covenant running with title to all lots, tracts, and parcels within Froning Family Subdivision. Such recording shall constitute notice to prospective purchasers or other interested parties as to the terms and provisions thereof. 15. SUCCESSORS AND ASSIGNS. The obligations and rights contained herein shall be binding upon and inure to the benefit of the successors and assigns of the Developer and the County. 16. NOTICES. All notices required or permitted by this Agreement shall be in writing and shall be deemed effective when received by the recipient party via personal delivery, facsimile transmission, United States certified mail, postage prepaid, return receipt requested, by messenger or by overnight delivery service, in all cases addressed to the person for who it is intended at their address and facsimile numbers(s) set forth below or to such other address as a party shall have designated by notice in writing to the other party in the manner provided by this paragraph: If to Developer: Froning Family Subdivision, LLC PO Box 545 Carbondale, CO 81623 If to the County: Board of County Commissioners of Garfield County Planning Director 108 Eighth Street, Room 201 Glenwood Springs, CO 81601 17. AMENDMENT. This agreement may be amended or modified from time to time, but only in writing signed by the parties hereto. 18. VENUE AND JURISDICTION. Venue and jurisdiction for any cause arising out of, or related to, this Agreement shall lie with the District Court for Garfield County, Colorado, and this Agreement shall be construed according to the laws of the State of Colorado. IN WITNESS WHEREOF, the parties have signed this Agreement to be effective upon the date first set forth above. OWNER/DEVELOPER: By: _________________________________ Manager Froning Family Subdivision, LLC. BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF GARFIELD, STATE OF COLORADO By: Print Name: Chairman ATTEST: ____________________________ Clerk & Recorder Garfield County, Colorado Notary Blocks Follow STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Subscribed and sworn to before me by, this ______________ day of ____________ , 2021 by ________________ of Froning Family Subdivision LLC WITNESS my hand and official seal. My commission expires: __________________________________ Notary Public STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Subscribed and sworn to before me by _______________________________, Chairman of the Board of County Commissioners for Garfield County, this __________________________ day of ______________, 2021. WITNESS my hand and official seal. My commission expires: __________________________________ Notary Public -