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COMMISSIONERS DEED
THIS INDENTURE mane this 17thday of May, one thousand
nine hundred and ---8..2- between Jefferson County, State of
Colorado, a body politic and corporate, acting by and through its
duly constituted and appointed Commissioner Walt Tomsic to
convey and to execute deed, first party, and City of Wheat Ridge,
State of Colorado, a Municipal corporation, party of U1e second
part,
WITNESSETH:
THAT WHEREAS, the Board of County Commissioners of the County of
Jefferson, State of Colorado, did at a regular meeting of said
Board held at the Courthouse in said County on the 17th day of
May, A.D. 1982, duly adopt and pass Resolution No. CC82-379,
authorizing the conveyance of the hereinafter described real pro-
perty to second party, and did by said resolution appoint and
constitute the undersignen as Commissioner to convey and execute
deen for said real estate to second party for and on behalf of
Jefferson County, State of Colorado, a body politic and cor-
porate, and did further authorize the undersigned to execute this
deed and to affix the seal of the County hereto.
NOW, THEREFORE, FOR AND IN CONSIDERATION of the sum of One Dollar
and other good and valuable considerations, in hand paid by
second party to said Jefferson County, State of Colorado, a
body politic and corporate, receipt of which is hereby confessed
and acknowledged, the undersigned, acting as Commissioner afore-
said, does by these presents remise, release, sell, convey, and
quit claim unto second party, its successors and assigns for so
long as the following described property is used exclusively for
public open space, park and recreational purposes and no longer,
all the right, title, interest, claim and demand which said
Jefferson County, State of Colorado, a body politic and cor-
porate, has in and to the following described real property
situate, lying and being in the County of Jefferson, State of
Colorado.
Described on Exhibit A, which is attached hereto and incor-
porated herein by reference.
TO HAVE AND TO HOLD the same, together with all and singular
appurtenances and privileges thereunto belonging or in any way
thereunto appertaining, and all the estate, right, title,
interest and claim whatsoever of said Jefferson County, State of
Colorado, either in law or equity, to the only proper use, bene-
fit and behoof of the said party of the second part, its suc-
cessors and assigns, but if the second party, its successors and
assigns shall use said property for any purpose other than public
open space, park and recreational purposes, said property shall
revert to the first party and this deed shall be null and void.
JEFFERSON COUNTY, STATE OF COLORADO
A Body Politic and Corporate
ATTEST;
Bylld/n~
mm~ssioner to Convey and to
Execute Deed for and on behalf
of Jefferson County, State of
Colorado
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Deputy
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Clerk and Recorder
APPROVED AS TO FORM
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~~sistant County Attorney
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82060644
82029179
A TRflCT OF LMlD llJTillN /i~th STRErT VILLhG~, OFFIClIL D:::Vt:LOrl~~:n PLA:~ AIm PLAT AS
F:t:CO;\.;)ED Oil ^UGUST 9, 1972 IN GOO!: 2 hi P';Gr: 17 OF JEFF[?3Co:', COUi!TY:RECOi\DS, NW
,',JRt: SP[CIFICt.LLY' D:::SCr:.Iu::D AS rOLLD,'~S:
C01~~~r\cli~G AT TilE liE CO~;iEP. OF SECTJO;~ 21, T 3 S, R 69 i.! OF TlI:: 6th P.!1.;
Tl-j~I\CE 5 890 15' 10" H ALO:-\G TiiE I\JRT!: Llii~ Or S.;1O SECT10i: 21 ^ DISTA;\CE OF
1329.'i8 FEET TO TH;:: iIORTH;,EST COP,::ER h' 1/2 E 1/2 nE 1/4 OF SAID SECTJoii
21;
TllEl:::E S 000 26' 4Z" E ALOi:G THE \:::.5T LJiiE: 0;:- S;"ID 1: 1/2 E 1/2 !'if 1/4 OF SECTlO;;
21 '\1:::1 ThE CElITERUiiE o::-.j':JLLER SHieET RIG!!T-Dr-l:r;y, A DJSTAI:CE OF 331.07 FEE'
THE:/ICE N 890 161 17" E A D1STNlCE OF 30.0.J FEE.T TO T:1::. f.lOST IW~TllERLY iiO?Tr.;'lr:ST
COf:NER Or S!\ID 44th STRlET \'ILLJ.GE SU3DIVISIOil Ai'D TdE TRUE F:OlilT OF 13EGli;:lll~[
THEriCE S 000 25' 1,2" E ALO:iG THE HEST Ll!:~ OF S!\JD ~4th STr.EET VILLAGE: SU2DIVlS10ij
AiW Tll~ ~~STmLY p.IGlIT-Or-\~"'Y LItlE: Of mLLE? S'TP.U::T II DlSTt,t:CE OF 350.00 FEET
TH~NCE t; 890 1G' 17" E 1\ DlSTA;ICE Of 377.54 FEET; .
TliEi;CE ii 00" ZG I <i2:t \1 A DISTI\!lCE OF 350.00 FEET TO A POHIT 0:/ THE lWRTH Ll:-\E OF Sf,
~4th STRETT VLLLlIGE SUCDIV]SJD."I;
THEr~CE S 890 Hi' 17" ~.! ALO:iG S.'UD I:O~~lil une: OF f;~~h STr;E:ET VILLr,CE SUGDJVISlcn. A
DlSTAHCE OF 377 .5(f FlET TO TIlE U\STERlY RIGHT-OF-I.;J,Y LIIIE OF j.\JLLER STREET /,:1
THE TP-UE pon:T OF EGWtlli,G.. ClTY OF l:iE~l P.iO::;E, [aUrin OF JEFFEP'S8il, STiI
OF ColO?J,DO.
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County of Jefferson Open Space
1801 19th St.
Golden, CO 80401
L Attn: John B. .J
Transamerica
Title Insurance Company
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We are pleased to have the opportunity to be of service.
Enclosed IS
Form :-.ru. ""21
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Policy of Title Insurance
Issued by
Transamerica Title Insurance Company
SUBJECT TO THE SCHEDULE OF EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CON-
TAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS
HEREOF, TRANSAMERICA TITLE INSURANCE COMPANY, a California corporation, herein called
the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage. not exceeding the
amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may
become obligated to pay hereunder, sustained or incurred by the insured by reason of:
Title to the estate or interest described in Schedule A being vested otherwise than as stated therein.
2, Any defect in or lien or encumhrance on such title:
3. Lack of a right of access to and from the land; or
4 Unmarketahility of such title.
In Witness Whereof, Transamerica Title Insurance Company has caused this policy to be signed and sealed
by its duly authorized officers as of Date of Policy shown in Schedule A.
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By
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President
By
Secretary
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DIVISION OF INSURANCE
DEPARTMENT OF REGULATORY AGENCIES
106 STATE OFFICE BUILDING. 201 E. COLFAX AVE
DENVER. COLORADO 80203
STATE OF COLORADO
RICHARD 0 LAMM
G<>VERNC>R
J RICHARD BARNES'
CC"'''''SSIO''Ef<
May 1, 1977
ROBERT L BROVliN
OlDI'T" C"MMIc.SIO',.R
Dear Real Estate Purchaser
Following this letter you will find a brief explanation of your title
insurance commitment and pol icy.
Title insurance companies are regulated by this Division, as are
other types of insurance companies. This Division makes certain that com-
panies issuing title insurance commitments and title insurance policies are
financially sound, and that they operate in accordance with statutes and
regulations.
We also have a great interest in making certain that you, as the
consumer, understand the purpose of title insurance and that you understand
your rights under your insurance policy.
In the event you are dissatisfied with responses given to your ques-
tions or problems by your title insurance company, you are encouraged to
send your questions concerning title insurance or any complaints that you
may have against your title insurer to this office. We are on hand to make
certain that all your rights and remedies, both under your pol icy and under
law, are available to you at all times.
5 i nee re 1 y ,
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~~BARNES, C.L.U.
Commissioner of Insurance
JRB b 1
As a purchaser of a home or othp.r "'81 estate you may receive a 'Commitment for Title Insurance and a POlicy of Title Insurance Both of
these documents, like many others m connection With your purchase are contracts creating legal rights which you should read carefully and
which you may Wish to hllve examined and explained by a lawyer or other adviser While the following description of these documents cannot
change thp. prp.clse telms of these documents, It IS hoped that this will help you to understand their purpose and effp.ct and answer some of
your questions about them
QUESTION "WHAT IS TITLE INSURANCE?"
ANSWER BaSically, It IS a contract With the title Insurance company m which the company agrees to defend and mdemnify you agamst
losses which you may suffer because of unreported defects in the title to your property as of the date of the contract. It is not casualty
mSUlance and, therefore does not protect you against acts of theft or damage to your home by fire storm and the like Essentially, the
insurance insures that you h3vc titl" to thE: property subject only to certain exceptions and p.xclusiun::> listed Ir1 the Policy of Title Insurarlce
Title insurance recognizes the possibility of loss. but transfers the risk of loss from you as property owner to the company issuing the pOlicy
For this reason title insurance companies are required to maintain reserves to cover losses
If you are financing your purchase your lender will ordinarily require that you obtain a separate Lender s POlicy to insure that your property
will in fact serve as security for Its loan
QUESTION: "WHAT DOES THE PREMIUM PAY FOR?"
ANSWER. Thp. one time non-recurrrng premium pays for several things It helps to pay for the cost of collecting, maintaining, searching
and examining real estate records and certain other publiC records which relate to your property so that the title insurance company can
determme the msurability of your title For example the title Insurance company will determine whether the public records show that your
seller really owns thp. propp.rty. what mortgages or liens I a recorded legal claim) may eXist, whether there are restrictive covenants on your
CONTINUED ON REVERSE
property or easements which allow persons to cross your property or to place u!liitles across your property The premium also serves to finance
certain legal costs which may arise If your title IS challenged, Addltiondlly, payment of the premium requires the litle Insurance company to
Indemnify you for any losses you suffer as a result of the title company s tallure to tulflll its contractual obligations under your title policy
QUESTION: "WHAT IS A COMMITMENT FOR TITLE INSURANCE?"
ANSWER A Commitment for Title Insurance IS a standardized preliminary document authorized by the Commissioner of Insurance
Indicating tha.t a titlp insurance company will issue a title insurance policy to you after certain steps have been taken, such as thp- payment
of an uutstanding mortgage or lien and the issuance of a deed to you These steps are set out in the commitment as requirements in
Schedule B -Secllon 1 In Schedule B -Seelion 2 Exceptions, the commitment also summarizes certain exisling limitations on the use of
your property. the dnfects in your title and hens against your property Your policy will not protect you against these matters. You will note that
some of these limitations and defects may still eXist even after all of the requirements of the commitment have been met. These uther matters
are usually sucr things as restrictive covenants or easements for utilities and the like You should carefully read both the requirements and
the exceptions to title stated Ir\ the commitment so that you may raise objecllons if there are matters affecting the title to which you did not
agree when you Signed the contract to purchase your property
Some of the exceplions are standard and will not normally be covered by yoU! title policy The first standard exception is any claim by
parties In possession of the property which is not shown by the public records, This means. for example, that someone may have been livlr\g
on the property for a lony period of time and may claim that they own the property even though they do not have a recorded deed: or may
claim that they are somehow otherwise entitled to be on the property The title insurance company could not learn of such a claim by examining
the publiC real estate records, VOU should Ir\spect the property to make sure that anyone living there will respect your ownership
Exception 2 of Schedule B Similarly may mean that someone has used a portion of the property long enough to claim an easement, even
though there is no instrument of record giving that person the authority to do so
Exception 3 of the standard commitment Ir\ essence says thai the litIe insurance policy will not Insure against problems concernlr\g
the exact boundary lines of the property you are purchasing which means that you should make certalr\ that there ale no fences or other
encroachments on your property, particularly if you do not have a survey. Again, a title insurance company cannot determine whether such
plOblems eXist on yoU! ploperty because employees of the title insurance company will not inspect the property unless they are specially
requested and paid to do so
Exception 4 excludes liens which may be filed against your property by someone who may have done work on the property and who
has not been paid The litIe Ir\surance company does not have any way at determlnlr\g whether such claims may eXist In the absence of some
recorded document VOU may wish to verify that no such unsallsfied claims exist
The fifth standard exception IS for matters which may arise follow'lng the issuance of the commitment and before you complete your
purchase Many companies also exclude taxes and special assessments which may be imposed against your property which are not recorded
Ir\ the public records, or the amount of which has not yet been determined
If you are purchaslr\g a single family residence, you may wish to check to see if you are entitled to obtain endorsement Form No 130
which removes several of the standard exceptions and will give you insurance for some of those matters
vou Will see that the commitment shows the amount of title insurance to be issued. together with the amount of the premium charge,
vour seller should check with his broker and with the title insurance company issuing the commitment to make certain that he has paid the
lowest premium to which he IS entitled, For instance, If there has been a title insurance policy issued to your seller within the last two years,
he may be entitled to receive some credit for the prior premium against the amount of premium which he will now pay
QUESTION' "WHAT IS THE POLICY OF TITLE INSURANCE?"
ANSWER. The PoliCY of Title Insurance IS a document which will be issued to you after your purchase transaction is concluded, It. too is
a standardized document, the printed portions of which have been approved by the Commissioner of Insurance
Schedule A of your policy Will set forth. among other matters. the amount of insurance coverage your name as the Ir\sured, your interest
Ir\ the property, such as actual ownership or a leasehold interest, and the legal description of the property
vour litle Insurance policy, as any other insurance policy, has exceptions from coverage, These Will be set forth in Schedule B ot your
policy and in the Schedule of Exclusions from Coverage Matters which may limit coverage will be set forth Ir\ the 'Conditions and Stipulations
section of the POliCY,
In Schedule B of the policy, you will find those items against which the title insurance company does not, or cannot. insure Many of these
will be the same as the exceptions set out in Schedule B of the Title Commitment.
The Schedule of ExclUSions from Coverage excludes matters such as zoning ordinances which regulate how the property may be used,
rights which may be possessed by a governmental body and which might be exercised against the property, and any defects of which you may
be aware but have not informed the title insurance company, vou may desire to investigate the status of these matters before you complete
your purchase Also excluded are defects or encumbrances which may be placed upon the property subsequent to the date of the pOlicy
vou should remember that a title policy IS not a promise of indemnity against some defect or claim against your title which may be created
In the future It does protect you against loss or damage existing from defects in the title to real property existing prior to and as of the date
of the policy even though they may not be discovered until some future date
The language concerning Condilions and Stipulations under which the title insurance company issues its policy contains an explanation
of the terms of the POliCY, and also deals with how you should notity the title insurance company in the event you may believe that you may
have a claim under the poliCY If someone should assert that they have a right to use your property or that they own part of it, and you cannot
find that right set forth In your policy as an exception or an exclusion. you must notify the title insurance company in writing of the Situation
The address for this notification will normally appear in your policy, Prompt notification will enable you and the company to deal with the
matter or prOblem that you raise. if it is covered by the policy, so that the dispute may be resolved in as timely a manner as possible,
VOU should know that if the problem is covered by your title insurance policy, a litIe insurance company must usually hear the costs of
litigation either to defend your title in the event of an adverse claim against It, or sometimes to bring affirmative legal action to clear up the
problem In so doing, the title insurance company retains the right of settling the claim or pursuing the matter through the courts, if it believes
that the rights asserted by a third party against your property are not legally justified, If the title insurance company takes the position that the
matter which you raise IS not covered by the terms of the title insurance policy, It must so notity you as soon as reasonably pOSSible after
yOU present your claim
QUESTION "WHAT IF I STILL HAVE FURTHER QUESTIONS ABOUT THE COMMITMENT FOR TITLE INSURANCE OR POLICY OF
TITLE INSURANCE?"
ANSWER: vou should certainly ask them of your attorney, the seller. the lender or the title insurance company. If you do not receive a
satislactory answer to your questions, you may contact the office of the Colorado Commissioner of Insurance. J Richard Barnes, Commissioner.
Department of Regulatory AgenCies, 106 State Office Building, Denver. Colorado 80203
Fllrm Nn ('_1.12.1:\
FORM NO. C-SOOO-t
FOR USE WITH COL.ORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM B- 1970 (AMENDED 10-17-701
SCHEDULE A
Date of Policy August 31, 1982
1:01 P.M.
Policy No.5 30 82 31
Sheet 1 of ~
Amount of Insurance S 69, 208. 34
1. Name of Insured:
CITY OF WHEAT RIDGE, STATE OF COLORADO, a Municipal corporation
2. The estate or interest in the land described herein and which is covered by this policy is:
IN FEE SIMPLE
3. The estate or interest referred to herein is at Date of Policy vested in:
CITY OF WHEAT RIDGE, STATE OF COLORADO, a Municipal corporation
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FORM NO C-6000-2
FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 (AMENDED 10-17-70)
FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM B~1970 (AMENDED 10-17-70)
S C H ED U LEA-Continued
The land referred to in this policy is situated in the State of Colorado, County of
Jefferson ' and IS descrihed as follows
A Tract of land within 44th Street Village, Official Development
Plan and Plat as recorded on August 9, 1972 in Book 2 at Page 17
of Jefferson County Records, and more specifically described as
follows:
Commencing at the NE corner of Section 21, T 3 S, R 69 W of the
6th P.M.;
Thence S 89015'10" W along the North line of said Section 21 a
distance of 1329.48 feet to the Northwest corner W 1/2 E 1/2
NE 1/4 of said Section 21;
Thence S00026'42" E along the west line of said W 1/2 E 1/2 NE 1/4
of Section 21 and the centerline of Miller Street Right-of-way, a
distance of 331.07 feet;
thence N 89016'17" E a distance of 30.00 feet to the most northerly
Northwest corner of said 44th Street Village Subdivision and the
TRUE POINT OF BEGINNING;
Thence S 00026'42" E along the West line of said 44th Street Village
Subdivision and the Easterly right-of-way line of Miller Street a
distance of 350.00 feet;
Thence N 89016'17" E a distance of 377.54 feet;
Thence N 00026'42" W a distance of 350.00 feet to a point on the
North line of said 44th Street Village Subdivision;
Thence S 89016'17" W along said North line of 44th Street Village
Subdivision, a distance of 377.54 feet to the Easterly right-of-way
line of Miller Street and the TRUE POINT OF BEGINNING. City of
Wheat Ridge, County of Jefferson, State of Colorado.
FORM NO. C-6000-3
FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 (AMENDED 10~17-70)
SCHEDULE B
PART I
This policy does not insure against loss or damage by reason of the following:
1. Any lien, or right to a lien, for services, labor, or material here-
tofore or hereafter furnished, imposed by law and not shown by the
public records.
2. Taxes due and payable; and any tax, special assessments, charge or
lien imposed for water or sewer service, or for any other special
taxing district.
3. Right of way for lateral ditches now constructed and used to carry
water over and across subject property as contained in instrument
recorded March 27, 1916 in Book 196 at Page 21.
4. Non-exclusive easements for installation of utilities over and
across subject property, as more fully described in Right of Way
Agreement to Valley Water District recorded January 2, 1973 in
Book 2460 at Page 849 and in Indenture recorded February 15, 1973
in Book 2473 at Page 809.
5. Utility and Public Access easement 30 feet in width and easement
for Valley Water District as shown on the Official Development
Plan and Plat.
6. Restrictions and conditions which do not contain a forfeiture or
reverter clause, but omitting restrictions, if any, based on race,
color, religion or national origin, as set forth on the recorded
Official Development Plan and Plat.
7. Rights of way and easements as shown on the Official Development
Plan and Plat but not specifically described.
8. Easement and right of way to construct, maintain, repair, remove
and operate one or more water pipelines as granted to the Valley
Water District in instrument recorded January 2, 1973 in Book 2460
at Page 849.
9. Terms, conditions and stipulations of Covenants and Restrictions,
respecting Unified Ownership of Property, in consideration of Fruit-
dale Sanitation District, a quasi-municipal corporation, recorded
October 11, 1972 in Book 2440 at Page 748.
10. Terms, conditions and stipulation of Lease-Purchase-Option Agreement
recorded June 22, 1979 at Reception No. 79055821 between The
County of Jefferson, Colorado and Robert Mugele and Helen B. Mugele.
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Reception N o..____u
JEFFER:;:
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RECORDER'S STAMP
THIS DEED Made this
8th
day of
July
Iacovetta
'~I/
19 82 ,between E.J. Iacovetta and E. Jean
11111 West 44th Avenue
of the
County of Jefferson and State of Colo-
rado, of the first part, and the City of Hheat Ri dge, a
/-'1,
municipal
a: corporation organized and
existing under and by virtue of the laws of the State of Colorado
of the second part:
WITNESSETH, That the said parti es of the first part, for and in consideration of the sum of
One Dollar ($1.00) and other good and valuable considerations ~
to the said part of the first part in hand paid by the said party of the second part, the receipt whereof is
hereby confessed and acknowledged, ha granted, bargained, sold and conveyed, and by these presents do
grant, bargain, sell, convey ann confirm, unto the said party of the second part, its successors and assigns forever,
all of the following describe,J Jot or parcel of land, situate, lying and being in th~
County of Jefferson and State of Colorado, to wit
A part of Lot 12, Blagdon Subdivision, City of Wheat Ridge,
County of Jefferson, State of Colorado;
more particularly described as the East two (2) feet of
said Lot 12.
11111 W. 44th Ave.
TOGETHER with all and singular tbe bereditaments and appurtenances thereunto belonging or in anywise
appertaining, and the reversion and reversions, remainder and remainders, l'ents, issues and profits thereof; and all
the estate, right, title, interest, claim and demand whatsoever of the said parti es of the first part, 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
said party of the second part, its successors and assigns forever And the said part i es of the first part, for
sel heirs, executors, and administrators, do covenant, grant, bargain and agree to and with
the said party of the second part, its successors and assigns, that at the time of the ensealing and delivery of
these presents, well seized of the premises above conveyed, as of good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and ha good right, full power and lawful authority to
grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from
all former and other grants, barg-ains, sales, liens, taxes, assessments and encun1brunces of whatever kind or nature
.s:oeV(ll',
and the above bargained premises in the quiet and peaceful possession of the said party of the second part, its
successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any paTt
thereof, the said part of the first part shall and wiII WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, The said part of the firRt part ha hereunto set hand
and seal the day and year first above written.
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Signed, Sealed and Delivered in the PI'cRonee of
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The foregoing instrument was lj.cknowledged before me this
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STATE OF COLORADO,
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My com1nission expires
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WITNESS my hand and official seal.
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No. 952. WARRANTY DEED TO CORPORATION-Fat' Photographi.c. RU~)l'd. ....
~BraMord Publishing Co.. 1824-46 Stoul Str(>f't, Denver, Colorado-4-l0
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