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Home My WebLink About1.02 Proof of Ownership840142 08/30/2013 04:59:58 PM Page 1 of 5 Jean Alberico, Garfield County, Colorado Rec Fee: $31.00 Doc Fee: $322.00 eRecorded SPECIAL WARRANTY DEED THIS DEED is dated August 30, 2013, and is made between LB ROSE RANCH LLC, a limited liability company duly organized and validly existing under and by virtue of the laws of the State of Delaware (the "Grantor"), and BLUE HERON PROPERTIES, LLC, a limited liability company duly organized and validly existing under the laws of the State of Coloradthe o ( "Grantee"), whose legal address is 24398 Highway 82, PO Box 620, Basalt, Colorado. Whereas, on September 15, 2008 and periodically thereafter, Lehman Brothers Holdings Inc. ("LBHI") and certain of its affiliates, including Grantor (collectively, the "D tors"), commenced voluntary cases (the "Chapter 11 Cases") under chapter 11 of title 11 of the United States Code in the United States Bankruptcy Court for the Southern District of New York (the "Bankruptcy Court"). Whereas, on December 6, 2011, the Bankruptcy Court entered an order (the "Confirmation Order") confirming the Modified Third Amended Joint Chapter 11 Plan of Lehman Brothers Holdings Inc, and Its Affiliated Debtors (the "Plan"). The Plan became effective on March 6, 2012. Whereas, pursuant to the Plan and the Confirmation Order, LBHI was appointed as "Plan Administrator" on behalf each of the Debtors and directed to, among other things, wind -down, sell and otherwise liquidate the assets of each of the Debtors. WITNESS, that the Grantor, for and in consideration of the sum of THREE MILLION TWO HUNDRED TWENTY THOUSAND DOLLARS, ($3,220,000.00), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, located in the County of Garfield and State of Colorado, described in Exhibit A attached hereto. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee and the Grantee's heirs and assigns forever. The Grantor, for itself and its successors and assigns, does covenant and agree that the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, but not any adjoining vacated street or alley, if any, in the quiet and peaceable possession of the Grantee and the heirs and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor except and subject to the matters descr in Exhibit B attached hereto, !bed THIS SPECIAL WARRANTY DEED IS BEING DELIVERED IN CONNECTION WITH A CONFIRMED PLAN OF REORGANIZATION PURSUANT TO CHAPTER 11 OF THE UNITED STATES BANKRUPTCY CODE. PURSUANT TO SECTION 1146(a) THEREOF AND THE TERMS OF SUCH PLAN, NO DOCUMENTARY STAMP TAXES ARE DUE IN CONNECTION WITH THIS SPECIAL WARRANTY DEED r7t US AC11VE144316910131Et1399.0030 IN WITNESS WHEREOF, the Grantor has hereunto executed this Special Warranty Deed as of the day and year first above written. LB Rose Ranch LLC, a Delaware limited liability company By: Lehman}Brothers Holdings Inc., a Delaware coinortitio.6, as Plan Administrator f Name: Its. [Signature Page to Ironbridge Special Warranty Deed — Golf Course, Homesites, Land] STATE OF NEW YORK ) County of p ss ) The�egoing i strument was acknowledged before me this(9,� day of �-J-- < p 2013, by `! as ;Il {f,t�.sc'... i,et`,- ,1,',, as Plan Administrator fo LBLoeRanch LLC, of Lehman Brothers oldings Inc., a Delaware limited liability company (the "Company"), on behalf of said Company. Witness my hand and official seal. My commission expires: DEANNA EMILIO Notary Public, State of New York No.o.0101 EM6171082 Qualified in New York county] - Term Expires July 23, 2015'' :k auzL Notary Public [Acknowledgment to Signature Page to Ironbridge Special Warranty Deed — Golf Course, Homesites, Land] EXHIBIT A Legal Description PARCEL A Lots 68, 70, 71, 72, 74, 77, 78, 80, 86, 89, 172, 247, 248, 251, 252, 253, 255, 256, 257, 258, 259, 261, 262, 263, 264, 265, 266, 267, 269, 270, 272, 273, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 287, 289, 291, 292, 293, 294 and 295, Ironbridge Planned Unit Development, Phase II, Filings 1, 2 and 3, according to the plat recorded July 19, 2006, under Reception No. 702420, County of Garfield, State of Colorado PARCELB Golf Course Parcels 1, 2, 5 and 7, Amended and Restated Final Plat of Ironbridge Planned Unit Development Phase I, according to the plat recorded July 16, 2004 under Reception No. 654210, County of Garfield, State of Colorado Golf Course Parcels 3, 4 and 6, Ironbridge Planned Unit Development Phase II, Filings 1, 2 and 3 according to the plat recorded July 19, 2006 under Reception No. 702420, County of Garfield, State of Colorado PARCEL C FUTURE DEVELOPMENT PHASE III PARCEL AS DEPICTED ON THE AMENDED AND RESTATED FINAL PLAT OF IRONBRIDGE PLANNED UNIT DEVELOPMENT PHASE I, ACCORDING TO THE PLAT RECORDED JULY 16, 2004 UNDER RECEPTION NO. 654210, COUNTY OF GARFIELD, STATE OF COLORADO EXHIBIT B Permitted Encumbrances 1. All covenants, easements, restrictions and other matters of record. 2. Taxes and assessments for the year 2013 and subsequent years. 3. Existing unrecorded leases and other residency or occupancy agreements and all rights thereunder of the lessees, tenants or other occupants and of any persons claiming by, through or under the lessees, tenants or other occupants. 4. All zoning regulations.