EXHIBIT 10.1.1
SCHEDULE 1
List of Other Agreements
1. Non-Branded Inventory Sales Agreement.
2. Equipment Lease Agreement for Seller's equipment located at the Plant.
3. Co-Pack Agreement for Buyer to co-pack Seller's branded products.
4. License Agreement for Buyer to license the use of permits, licenses, recipes
and other intangible assets of Seller that are in use at the Plant.
5. Lease Override Agreement for additional payments to be made by Buyer to
Seller.
6. EBITDA Overview Committee Agreement.
FIRST AMERICAN TITLE INSURANCE COMPANY
LOAN POLICY
SCHEDULE A
dm-CM1284-03/26/98 08:08:22
ORDER NO. KC10243B98
AMOUNT OF INSURANCE $4,000,000.00 POLICY NO. XX0000000
DATE OF POLICY: February 24, 1998 at 7:29 A.M.
1. NAME OF INSURED:
Xxxxx Fargo Bank, National Association
2. THE ESTATE OF INTEREST IN THE LAND WHICH IS ENCUMBERED BY THE INSURED
MORTGAGE IS:
FEE SIMPLE
3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN:
Xxxxxx Canning Company, a Colorado corporation
4. THE INSURED MORTGAGE AND ASSIGNMENTS THEREOF, IF ANY, ARE DESCRIBED AS
FOLLOWS:
Deed of Trust from Xxxxxx Canning Company, a Colorado corporation, to the
Public Trustee of Xxxxx County, for the benefit of Xxxxx Fargo Bank,
National Association, securing an original principal indebtedness of
$4,000,000.00, and any other amounts and/or obligations dated February 5,
1998, recorded February 23, 1998 in Book 5241 at Page 616.
5. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS:
Parcel A:
Block 1, Xxxxxxx Subdivision,
County of Xxxxx, State of Colorado.
Parcel B:
A parcel of ground in the SW 1/4 of the SE 1/4 of Section 11, Township 3
South, Range 68 West of the 6th P.M., more particularly described as
follows:
Commencing at the Southeast corner of the SW 1/4 of the SE 1/4 of Section
11, Township 3 South, Range 68 West; thence North along the East line of the
SW 1/4 of the SE 1/4 a distance of 660 feet to the true point of beginning;
thence North along the East line of the SW 1/4 of the SE 1/4 a distance of
656.65 feet, more or less, to a point on the South right of way line of 58th
Avenue; thence West along the South right of way line of 58th Avenue, 40
feet to a point; thence South and parallel to the East line of the SW 1/4 of
the SE 1/4 a distance of approximately 643 feet to the North line of the
Xxxxxxx
-Continued-
SCHEDULE A - LEGAL DESCRIPTION CONTINUED
ORDER NO. KC10243B98 POLICY NO. XX0000000
Subdivision, according to the recorded plat thereof; thence East along the North
line of said Xxxxxxx Subdivision, a distance of 40 feet to the true point of
beginning, County Xxxxx,
State of Colorado.
Parcel C:
A parcel of ground in the SW 1/4 of the SW 1/4 Section 11, Township 3 South,
Range 68 West of the 6th P.M., more particularly described as follows:
Beginning at a point on the South boundary line of the SW 1/4 of the SE 1/4 of
Section 11, 158.4 feet West of the Southeast corner of said SW 1/4 of the SE
1/4, said point being 1162.7 feet East of the Southwest corner of said SW 1/4 of
the SE 1/4; thence Northerly and parallel to the West boundary line of said SW
1/4 of the SE 1/4 a distance of 60 feet to the True Point of Beginning; thence
Northerly and parallel to the West boundary line of said SW 1/4 of the SE 1/4 a
distance of 600 feet to a point; thence Westerly and parallel to the South
boundary line of said SW 1/4 of the SE 1/4, a distance of 232.7 feet to a point;
thence Southerly and parallel with the West boundary line of said SW 1/4 of the
SE 1/4 a distance of 600 feet to a point 60 feet North of the South boundary
line of said SW 1/4 of the SE 1/4; thence Easterly and parallel with and 60 feet
North of the 232.7 feet, more or less, to the true point of beginning,
County of Xxxxx,
State of Colorado.
Parcel D:
A parcel of land located in the Southwest quarter of the Southeast quarter of
Section 11, Township 3 South, Range 68 West of the Sixth Principal Meridian,
County of Xxxxx, State of Colorado, more particularly described as follows:
Commencing at a point 451.1 feet West and 60 feet North of the Southeast corner
of said Southwest quarter of the Southeast quarter, then continuing Northerly a
length parallel with and 870 feet East of the West line of said Southwest
quarter of the Southeast quarter a distance of 600.70 feet to a point on the
North line of said Southeast quarter of the Southwest quarter of the Southeast
quarter, thence Easterly 60 feet, thence Southerly 600.61 feet, thence Westerly
60 feet more or less to the point of Beginning.
County of Xxxxx,
State of Colorado.
