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Home My WebLink About20132073August 8, 2013 CLERK TO THE BOARD PHONE (970) 336-7215, EXT 4226 FAX (970) 352-0242 WEBSITE: www.co.weld.co.us 1150 O STREET P.O. BOX 758 GREELEY CO 80632 BOKHARI SYED HABIB AHMAD 2300 CHALET TRAIL KERRVILLE, TX 78028 RE: THE BOARD OF EQUALIZATION 2013, WELD COUNTY COLORADO APPROVAL OF STIPULATION BETWEEN PETITIONER AND ASSESSOR ACCOUNT NO.: R3201404 Dear Petitioner: On August 01, 2013, the Board of County Commissioners of Weld County Colorado convened and acting as the Board of Equalization, pursuant to C.R.S. Section 39-8-101 et seq., considered your request to approve and adopt a valuation of your property arrived at by a Stipulation between you and the Weld County Assessor, for the year 2013. The Board of Equalization found that the evidence presented at the hearing supported the stipulated value placed upon the above -described property as set forth below. Such evidence indicated the value was reasonable, equitable, and derived according to the methodologies, percentages, figures and formulas dictated by law. ACTUAL VALUE AS STIPULATED VALUE DETERMINED BY ASSESSOR APPROVED BY BOARD $891,261.00 $787,911.00 The above 'Stipulated Value' is the value which will be used in the calculation of your property taxes for 2013. This value is not appealable. If you have questions concerning the above information, please call me at (970) 336-7215, Ext. 4226. Very truly yo, urrsj Esther E. Gesick, Deputy Clerk Weld County Board of County Commissioners Cc: Christopher Woodruff, Weld County Assessor SPERRY VAN NESS C/O KYLE LUNDY 2020 CARIBOU DR FORT COLLINS, CO 80525 I- V- ate/5 2013-2073 AS0085 COUNTY BOARD OF EQUALIZATIO WELD COUNTY Single County Schedule Number R3201404 STIPULATION (As To Tax Year_2013_ Actual Value) RE PETITION OF : Eagle's Landing NAME: Bokhari Syed Habib Ahmad ADDRESS: 1111 Diamond Valley Drive Windsor, Co WELD COQ MSE;' GREMIFY, COL Petitioner (s) and the Weld County Assessor hereby enter into this Stipulation regarding the tax year 2013 valuation of the subject property, and jointly move the Board of Equalization to enter its order based on this Stipulation. Petitioner (s) and Assessor agree and stipulate as follows: 1. The property subject to this Stipulation is described as: WIN 5DV L9 DIAMOND VALLEY 5TH FG 2. The subject property is classified as Commercial property. 3. The County Assessor originally assigned the following actual value to the subject property for the tax year 2013: Total $891,261.00 4. After further review and negotiation, Petitioner (s) and Weld County Assessor agree to the following tax year 2013 actual value for the subject property: Total $787,911.00 5. The valuation, as established above, shall be binding only with respect to tax year 2013. 6. Brief narrative as to why the reduction was made: Consideration of the subject's vacancy at over 50%. 7. Both parties agree that: ®The hearing scheduled before the Board of Equalization on 08/02/2013 at 10:15 a,m. be vacated. ❑A hearing has not yet been scheduled before the Board of Equalization. R3201404 2013-2073 1 DATED this 31st day of July, 2013. l dr-r- . Neat etitioner(s) or Agent or Attorney Address: I � )-020CMl6au j S kc .t'i Pt. Gallons j (O to i. Telephone:C7o) y$g-3/68' Docket Number Stip-1.Frm 10201404 2 (Assis$nt) County7Citorney for Respondent, Weld County Board of Commissioners Address: 1150 "O" Street P.O. Box 758 Greeley, CO 80632 Telephone:(970) 336-7235 Address: 1400 N.17th Avenue Greeley, CO 80631 Telephone: (970) 353-3845 ext. 3697 NOTICE OF DETERMINATION Christopher M. Woodruff Weld County Assessor 1400 N 17th Ave Greeley, CO 80631 Date of Notice: 6/27/2013 Telephone: (970) 353-3845 Fax: (970) 304-6433 Office Hours: 8:00 AM - 5:00 PM ce w z 0 BOKHARI SYED HABIB AHMAD 2300 CHALET TRAIL KERRVILLE, TX 78028 Ui 0- 0 cc PROPERTY CLASSIFICATION COMMERCIAL LEGAL DESGRII' C l7 P.,,i 114S. L L f%A�TION WIN 5DV L9 DIAMOND VALLEY 5TH FG 1111 DIAMOND VALLEY DR WINDSOR, CO 000000000 ASSESSOR'S VALUATION ACTUAL VALUE PRIOR TO REVIEW 891,261 ACTUAL VALUE AFTER REVIEW 891,261 TOTAL $891,261 $891,261 The Assessor has carefully studied all available information, giving particular attention to the specifics included on your protest. The Assessor's determination of value after review is based on the following: AL09 - Your property has been uniformly valued following Colorado law. Your protest of value has been denied due to comparison of other similar properties which sold during the 2011/2012 time period. If you disagree with the Assessor's decision, you have the right to appeal to the County Board of Equalization for further consideration, § 39-8-106(1)(a), C.R.S. The deadline for filing real property appeals is July 15. The Assessor establishes property values. The local taxing authorities (county, school district, city, fire protection, and other special districts) set mill levies. The mill levy requested by each taxing authority is based on a projected budget and the property tax revenue required to adequately fund the services it provides to its taxpayers. The local taxing authorities hold budget hearings in the fall. If you are concerned about mill levies, we recommend that you attend these budget hearings. Please refer to last year's tax bill or ask your Assessor for a listing of the local taxing authorities. Please refer to the reverse side of this notice for additional information. RECEIVED JUL 1 5 2013 WELD COUNTY COMMISSIONERS 15 -OPT -AR PR 207-08/13 R3201404 16302 County Board of Equalization Hearings will be held from July 1 through August 5 at 1400 N 17 AVE. To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below, and mail or deliver a copy of both sides of this form to: Weld County Board of Equalization 1150 0 Street, P.O. Box 758 Greeley, CO 80631 Telephone: (970) 356-4000 ext, 4225 To preserve your appeal rights, your Petition to the County Board of Equalization must be postmarked or delivered on or before July 15 for real property — after such date, your right to appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with proof of mailing. You will be notified of the date and time scheduled for your hearing. The County Board of Equalization must mail a written decision to you within five business days following the date of the decision. The County Board of Equalization must conclude hearings and render decisions by August 5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of Equalization and you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by September 12, § 39-2-125(1)(e), C.R.S. if you are dissatisfied with the County Board of Equalization's decision and you wish to continue your appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of the following: Board of Assessment Appeals District Court 1313 Sherman Street, Room 315 Contact the District Court in the County Denver, CO 80203 where the property is located. See your (303) 866-5880 local telephone book for the address and www.dola.colorado.gov/baa telephone number. Binding Arbitration For a list of arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day, § 39-1-120(3), C.R.S. PETITION TO COUNTY BOARD OF EQUALIZATION What is your estimate of the property's value as of June 30, 2012? (Your opinion of value in terms of a specific dollar amount is required for real property pursuant to § 39-8-106(1.5), C.R.S.) $ 756 53 q. What is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original installed cost, appraisal, etc.) cia s c�,�/Q f�/y VA.ciw, � 17 c VAl f/41 46,1e. 1)- .59/eL In Fn.1:e_dos ..0e_ in )0 12 LAS Pwrciza/3y N. rT1X✓twf-/N4+144 a,n o3-eY- l3 In r 6f ,o x'. a°. (1►rl bc.e .so,./e4 d- La se4 4...%//1 fi•c. v�. &4.s I ATTESTATION > &11 G1'!! . 'r�� o& -?o - l t�� I I, the undersigned owner or agent of the property identified above, affirm that the statements contained herein and on an ttachments hereto are true and complete. Sig .5. j(a St//V cn.7 q 7O ,16-- Telephone Number Date 7�� 5/3 s Afr1 / / J... f ic- c6,4 )/(61-00e, guards Witt r D4/28/2013 12:57 78143188: BOKARI PAGE E ,0 If you disagree with the 'current year actual value' or the classification determined for your property, you may file an appeal by mail or in person with the County Assessor. Completing the Real Property Questionnaire will help you determine an estimate of value for your proper'; which can be compared to the value determined by the Assessor. Colorado law requires application of the market approach to value for residential properties (includes apartments) and consideration of the cast, market, and income approaches to value for vacant land, commercial, and Industrial properties. REASON FOR REQUESTING A REVIEW: REAL PROPERTY QUESTIONNAIRE ATTACH ADDITIONAL DOCUMENTS AS NECESSARY MARKET APPROACH (ALL PROPERTY TYPES): This approach to value uses sales from the 18 -month period ending June 30, 2012, If data 1- insufficient during this time period, the Assessor may also consider data from the 5 -year period ending June 30, 2012. Statute prohibits the, Assessor from using appraisal data after June 30, 21112. To help estimate the market value of your property, please Ilst sales of similar properties that have sold in your neighborhood. A copy of an appraisal prepared prior to June 30, 2012 may be helpful in estimating the market value of your property. DATE SOLD SCHEDULE/ACCOUNT NUMBER or PROPERTY DESCRIPTION or ADDRESS SELLING PRICE Based on the information provided and accounting for ddferences between sold properties and your property, state the value of your proper,,,, as of June 30, 2012. COST AND INCOME APPROACH: For vacant land, commercial and industrial properties the Assessor must also consider the cost and income approaches to value. If your commercial or industrial property was not leased from January 2011 through June 2012, please complete the market approach section above. To assist the Assessor in evaluating your appeal, and If your property was leased during January 2011 through June 2012, please attaoti an operating statement indicating your income and expense amounts. Attach a rent schedule indicating the square footage and rental rate for each tenant occupied space, If known, attach a list of rent comparables for competing properties. Estimate of value based on cost approach: $ Estimate of value based on Income approach: $ ASSIGNMENT: I authorize the below -named agent to act on my behalf regarding the property tax valuation of the property described herein eel the year Agent's Name (please print): Arid re.--✓ q,�c Owner's Signature: Please mail all correspondence regarding this protest to the above -named agent at the following address: o �Q Date: Dr. Daytime Telephone: CVO )A7 n2C-X, AA 1741-z1.1 Ff . CO/l,/, s, �Q I, the undersigned owner or agent of this property, state that the information and facts contained herein and on any attachments constitute true and complete statements concerning the described property, SCHEDULE/ACCOUNT NUMBER: R. 3-D r Y°y (Found abo our.name n the other side of this form.) Signature: JLPc . Date: -q7/_a Daytime 1 lephone#: Indicate the name, telephone number and email address for a person the Assessor may contact with questions, Name Telephone Email If the tiHIA for fuiriu arty 30Curnent fate UDDn 3 SatUrdhV. SII aay. nr iaa 1 hniIrl:fv- It >;.hali by rfppmpri tlrnnly 5I il;r nnc$mar4art nr nnllirorarl nn ik na, hnrinnr.- or, a • nndn% - TITLE C/COMPANY Ownership and Encumbrance Report Craig Hau Sperry Van Ness/The Group Commercial, LLC 2020 Caribou Drive, Suite 201 Fort Collins, CO 80525 Office Phone: 970-207-0700 Fax: 970-282-0785 Order Number: Amount of Invoice: $5.00 Prepared by: Bob Coe Cell Phone: 970-222-0077 Craig.hau c svn.com Copies to: Jana Hassler — Personal Assistant to Craig Hau Jana.hassler cr svn.com Date Ordered: 7/12/2013 Loan #: Effective Date: 6/28/2013 Property Information Owner: Syed Habib Ahmed Bokhari Address: 1111 Diamond Valley Drive, Windsor, CO 80550 County: Weld Tax Schedule No.: R3201404 Parcel # 080722316009 Legal Description Lot 9 Diamond Valley Subdivision Fifth Filing County of Weld State of Colorado Ownership Doc Type Warranty Deed Grantor FDIC Grantee Bokhari Date 3/12/2013 Reference # 3916447 Encumbrances Item Payable to Amount Date Reference # None Judgments Item Payable to Amount Date Reference # None Unified Title Company of Northern Colorado • 4745 Boardwalk D101 • Fort Collins, CO 80525 • 970-282-8711 • title@unifiedtitle.com The foregoing was compiled solely for the purpose of assisting in the determination of recorded encumbrances (with the exception of any unredeemed tax sales) affecting said property. The instruments referred to have not been examined to determine their legality and no search has been made as to reservations, covenants, easements, or rights of way. This is not to be considered a title opinion nor a guarantee of title. The liability assumed by Unified Title Company of Northern Colorado is limited to the amount charged here. THANK YOU FOR YOUR BUSINESS! ,Property Profile - Print Page 1 of 3 Property Profile for Account #R3201404 July 12, 2013 Account Information Account Parcel Space Account Type Tax Year Tax Area Buildings Actual Value Assessed Value R3201404 080722316009 Commercial 2013 0436 1 891,261 258,470 Legal WIN 50V L9 DIAMOND VALLEY 5TH FG Subdivision Block Lot Land Economic Area DIAMOND VALLEY SUB 5TH FG 9 DIAMOND VALLEY 5TH FILLING Property Address Property City Zip Section Township Range 1111 DIAMOND VALLEY DR WINDSOR 000000000 22 06 67 Owner Information Owner(s) Address Line 1 Address Line 2 City ST Zip BOKHARI SYED HABIB AHMAD 2300 CHALET TRAIL KERRVILLE TX 78028 Document History Information Reception Rec Date Type Grantor Grantee Sale Date Sale Price 3202935 07/28/2004 QCN WINDSOR TOWN OF BARNETT DAVID J & MICHELLE M 07/12/2004 0 3299534 07/05/2005 WD BARNETT DAVID J & MICHELLE M SCHMID TOM 07/01/2005 200,000 3390429 05/24/2006 WDN SCHMID TOM (50% INT) & GOLDEN EAGLE INVESTMENTS LLC 04/26/2006 0 3879838 10/10/2012 PTD BARNETT DAVID 8 GOLDEN EAGLE INV BANK OF CHOICE 10/09/2012 0 3916447 03/12/2013 SWD FEDERAL DEPOSIT INSURANCE CORPORATION BOKHARI SYED HABIB AHMAD 03/08/2013 610,000 Building Information Building 1 ID Type NBHD Occupancy Built As Bedrooms Baths Rooms 1 Commercial 2905 Storage Warehouse Storage Warehouse 0 0 0 ID Square Ft Condo SF Total Basement SF Finished Bsmt SF Garage SF Carport SF Balcony SF Porch SF 1 14,147 0 0 0 0 0 0 0 http://propertyprofile.co.weld.co.us/index.html?version=2&account=R3201404 7/12/2013 ,Property Profile - Print Page 2 of 3 ID Year Built Y. Complete Stories Perimeter Units Unit Type 1 2006 100 1 542 0 ID Length Width Make 1 0 0 ID Exterior Roof Cover Interior HVAC 1 Space Heater ID Detail Type Detail Description Units 1 Add On Com Canopies Steel Average 1,545 1 Add On Concrete Slab Average 26,500 1 Mezzanine Storage 5,797 1 Mezzanine Office 825 1 Mezzanine Office 825 Valuation Information Type Code Description Actual Value Assessed Value Acres Land SqFt Land 2135 WAREHOUSE/STORAGE-LAND 152,378 44,190 1399 60,951 Improvement 2235 WAREHOUSE/STORAGE-IMPS 738,883 214,280 0.000 0 891,261 258,470 1.399 60,951 Tax Information Tax Area District ID District Name Current Mill Levy Tax Year 0436 0100 WELD COUNTY 16.804 2013 0436 0204 SCHOOL DISTRE4 47.949 2013 0436 0301 NORTHERN COLORADO WATER (NCW) 1.000 2013 0436 0428 WINDSOR TOWN 12.030 2013 0436 0521 WINDSOR -SEVERANCE FIRE 7.194 2013 0436 0533 WINDSOR -SEVERANCE FIRE (BOND 2023) 0.770 2013 0436 0700 AIMS JUNIOR COLLEGE 6.318 2013 0436 1051 CLEARVIEW LIBRARY 3.594 2013 0436 1200 WEST GREELEY CONSERVATION 0.414 2013 96.073 Property Photo http://propertyprofile.co.weld.co.us/index.html?version=2&account=R3201404 7/12/2013 Property Profile - Print Page 3 of 3 Property Sketch First Floor 14147.0 SF Mezzanine Storage 6622.0 SF 14' X14' OH Door 200.7' 16'v4H Warehouse d Unit -101 Vacant I Warehouse Unit -102 Unit -103 THEWATER SHED Warehouse Unit -104 Unit -105 WATERJ ET WONDERS Warehouse Unit -106 Unit -107 Vacant a Warehouse Unit -108 e' Vacant `°I m 2 k Im Mezz gI Mezz i over in m m m I Mezz o'I& � b T m Meets Whse 25.3' over Retail 50.0 •-- N 63 Mee a Off m 50.0' over Whse n 50.6 Mezz in over iS Whse 25.3 1786.0 SF Mezzanine Storage 836.0 SF Sketch by Apex IV", 3525.0 SF Mezzanine Storage 1650.0 SF 2007 \ MCIIanine 3525.0 SF Over Canopy See Page 2 1538.5 SF All paving is concrete 3525.0 SF Mezzanine Storage 1650.0 SF 1786.0 SF 22.5 W,1 Mezzanine Storage 1650.0 SF http://propertyprofile.co.weld.co.us/index.html?version=2&account=R3201404 7/12/2013 3916447 03/12/2013 02:19 PM Total Pages: 10 Rec Fee: $56.00 Doc Fee: $61.00 Steve Moreno - Clerk and Recorder, Weld County, CO PREPARED BY: Michael B. Johnson, Esq. JOHNSON & STEPHENS, P.C. 4809 Cole Avenue, Suite 260 Dallas, Texas 75205 'C 4 AFTER RECORDING, RETURN TO: Stephanie Taylor Chicago Title Company 1875 Lawrence Street, Suite 1300 Denver Colorado 80202 SEND TAX STATEMENTS TO: Syed Habib Ahmad Bokhari 2300 Chalet Trail, Kerrville, Texas 78028 Documentary Stamp Tax: Exempt (Colorado Statute §39-13-104) SPECIAL WARRANTY DEED STATE OF COLORADO COUNTY OF WELD § /4' 4'(G y Asset No. 10380006230 1111 Diamond Valley Dr., Windsor CO WHEREAS, BANK OF CHOICE (the "Institution") was closed by the Colorado Division of Banking on July 22, 2011, and the FEDERAL DEPOSIT INSURANCE CORPORATION (the "FDIC") was appointed as receiver for the Institution (the "Receiver"); WHEREAS, the Receiver acquired the Property by that certain Confirmation Deed dated October 9, 2012, and recorded as Document No. 3879838 of the official records of Weld County, Colorado, on October 10, 2012; and WHEREAS, as a matter of federal law, 12 U.S.C. § 1821(d)(2)(AXi), the Receiver succeeded to all of the right, title, and interest of the Institution in and to, among other things, the Property. NOW, THEREFORE, the Receiver (hereinafter, "Gran₹or"), whose address is 1601 Bryan Street, Dallas, Texas 75201, for and in consideration of the sum of SIX HUNDRED TEN THOUSAND AND NO/100 DOLLARS ($610,000.00), the receipt and sufficiency of which are hereby acknowledged, has GRANTED, SOLD and CONVEYED and by these presents does GRANT, SELL and CONVEY unto SYED HABIB AIEVIAD BOKHARI, an individual ("Grantee"), whose mailing address is 2300 Chalet Trail, Kerrville, Texas 78028, that certain real property situated in Weld County, Colorado, as described on Exhibit "A" attached hereto and SPECIAL WARRANTY DEED - Page 1 030130709 1111 Diamond Valley Dr., Windsor CO Title Data, Inc. UN SKL12336 WE 3916447-2013.001 3916447 03/12/2013 02:19 PM Page 2 of 10 made a part hereof for all purposes, together with any and all improvements thereto and all and singular the rights and appurtenances pertaining thereto, including, but not limited to, any right, title and interest of Grantor in and to adjacent streets, alleys or rights -of -way (collectively, the 'Property"), subject however to any and all exceptions, easements, rights -of -way, covenants, conditions, restrictions; reservations, encroachments, protrusions, shortages in area, boundary disputes and discrepancies, matters which could be discovered or would be revealed by, respectively, an inspection or current survey of the Property, encumbrances, access limitations, licenses, leases, prescriptive rights, rights of parties in possession, rights of tenants, co -tenants, or other co -owners, and any and all other matters or conditions affecting the Property, including, without limitation, any and all matters or conditions reflected on Exhibit "B" attached hereto and made a part hereof for all purposes, and whether known or unknown, recorded or unrecorded, as well as standby fees, real estate taxes, and assessments on or against the Property for the current year and subsequent years and subsequent taxes and assessments for prior years becoming due by reason of a change in usage or ownership, or both, of the Property; and any and all zoning, building, and other laws, regulations, and ordinances of municipal and other governmental authorities affecting the Property (all of the foregoing being collectively referred to as the "Permitted Encumbrances"). Grantee, by its acceptance of delivery of this Special Warranty Deed, assumes and agrees to perform any and all obligations of Grantor or the Institution under the Permitted Encumbrances. FURTHER, GRANTEE, BY ITS ACCEPTANCE OF DELIVERY OF' THIS SPECIAL WARRANTY DEED, ACKNOWLEDGES MD AGREES THAT (1) EXCEPT FOR THE SPECIAL (OR LIMITED) WARRANTY OF TITLE CONTAINED HEREIN, GRANTOR HAS NOT MADE, DOES NOT MAKE, AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS, OR GUARANTIES ;OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT, OR FUTURE, OF, AS TO, CONCERNING, OR WITH RESPECT TO (A) THE VALUE, NATURE, QUALITY, OR CONDITION OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, THE WATER, SOIL, AND GEOLOGY, (B) ANY INCOME TO BE DERIVED FROM THE PROPERTY, (C) THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH GRANTEE MAY CONDUCT OR HOPE TO CONDUCT THEREON, (D) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES, OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY • OR. BODY, (E) THE DESCRIPTION, POSSESSION, HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY OR ANY PART THEREOF, (F) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY, (G) THE MANNER, QUALITY, STATE OF REPAIR, OR LACK OF REPAIR OF THE PROPERTY OR ANY PORTION THEREOF OR ANY IMPROVEMENTS THERETO, (H) THE EXISTENCE, QUALITY, NATURE, ADEQUACY, OR PHYSICAL CONDITION OF ANY UTILITIES SERVING THE PROPERTY, OR (I) ANY OTHER MATTER WITH RESPECT TO THE PROPERTY, AND SPECIFICALLY, THAT GRANTOR HAS NOT MADE, DOES NOT MAKE, AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS REGARDING COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION, OR LAND USE LAWS, SPECIAL WARRANTY DEED - Page 2 03013.070911I1 Diamond Valley Dr., Windsor CO Title Data, Inc. UN SKL12336 WE 3916447-2013.002 3916447 03/12/2013 02:19 PM Page 3 of 10 RULES, REGULATIONS, ORDERS, OR REQUIREMENTS, INCLUDING, WITHOUT LIMITATION, THE DISPOSAL OR EXISTENCE, IN OR ON THE PROPERTY OR ANY PART THEREOF, OF ANY HAZARDOUS MATERIALS; (ii) GRANTEE HAS FULLY INSPECTED THE PROPERTY AND THAT THE CONVEYANCE HEREUNDER OF THE PROPERTY IS "AS IS" AND "WITH ALL FAULTS", AND GRANTOR HAS NO OBLIGATION TO ALTER, REPAIR, OR IMPROVE THE PROPERTY OR ANY PART THEREOF OR ANY IMPROVEMENTS THERETO; AND (iii) NO WARRANTY HAS ARISEN THROUGH TRADE, CUSTOM, OR COURSE OF DEALING WITH GRANTOR, AND ALL STATUTORY, COMMON LAW, AND CUSTOMARY COVENANTS AND WARRANTIES, IF ANY, OF WHATEVER KIND, CHARACTER, NATURE, PURPOSE, OR EFFECT, WHETHER EXPRESS OR IMPLIED OR ARISING BY OPERATION OF LAW, ARE HEREBY EXPRESSLY, UNCONDITIONALLY, AND IRREVOCABLY WAIVED, DISCLAIMED, AND EXCLUDED FROM THIS SPECIAL WARRANTY DEED, NOTWITHSTANDING ANY CUSTOM OR PRACTICE TO THE CONTRARY, OR ANY STATUTORY, COMMON LAW, DECISIONAL, HISTORICAL, OR CUSTOMARY MEANING, IMPLICATION, SIGNIFICANCE, EFFECT, OR USE OF CONTRARY IMPORT OF ANY WORD, TERM, PHRASE OR PROVISION HEREIN. Further, by its acceptance of delivery of this Special Warranty Deed, Grantee or anyone claiming by, through, or under Grantee, hereby fully releases Grantor, the Institution, and the FDIC in any and all of its various other capacities, and their respective employees, officers, directors, representatives, and agents from any and all claims, costs, losses, liabilities, damages, expenses, demands, actions, or causes of action that it or they may now have or hereafter acquire, whether direct or indirect, known or unknown, suspected or unsuspected, liquidated or contingent, arising from or related to the Property in any manner whatsoever. This covenant releasing Grantor, the Institution, and the FDIC in any and all of its various other capacities shall be a covenant running with the Property and shall be binding upon Grantee, its successors, and assigns, 2 TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in any wise belonging to Grantor, unto Grantee, its heirs, personal representatives, successors and assigns forever, and Grantor does hereby bind itself its successors and assigns, to WARRANT SPECIALLY AND FOREVER DEFEND all and singular the Property unto Grantee, its heirs, personal represerjtatives, successors and assigns, against every person whomsoever lawfully claiming or to claim the same. or any part thereof, by, through, or under Grantor, but not otherwise, subject, however, to the Permitted Encumbrances, The fact that certain encumbrances, limitations, or other matters or conditions may be mentioned, disclaimed, or excepted in any way herein, whether specifically or generally, shall not be a covenant, representation, or warranty of Grantor as to any encumbrances, limitations, or any other matters or conditions not mentioned, disclaimed, or excepted. Notwithstanding anything herein to the contrary, however, nothing herein shall be construed or deemed as an admission by Grantor or Grantee to any third party of the existence, validity, enforceability, scope, or location of any encumbrances, limitations, or other matters or conditions mentioned, disclaimed, or excepted in any way herein, and nothing shall be construed or deemed as a waiver SPECIAL WARRANTY DEED - Page 3 03013.0709 11 I1 Diamond Valley Dr., Windsor CO Title Data, Inc. UN SKL12336 WE 3916447-2013.003 3916447 03/12/2013 02:19 PM Page 4 of 10 by Grantor or Grantee of its respective rights, if any, but without obligation, to challenge or enforce the existence, validity, enforceability, scope, or location of same against third parties. By its acceptance of delivery of this' Special Warranty Deed, Grantee hereby assumes the payment of all ad valorem taxes, standby fees, and general and special assessments of whatever kind and character affecting the Property which are due, or which may become due, for the current tax year or assessment period and for any tax year or assessment period subsequent to the date of this Special Warranty Deed, including, without limitation, taxes or assessments for prior years becoming due by reason of a change in usage or ownership, or both, of the Property or any portion thereof. The remainder of this page is left blank The signature page(s) follow. SPECIAL WARRANTY DEED - Page 4 03013.07091111 Diamond Valley Dr., Windsor CO Title Data, Inc. UN SKL12336 WE 3916447-2013.004 3916447 03/12/2013 02:19 PM Page 5of10 IN WITNESS WHEREOF, this Special Warranty Deed is executed to be effective the \'Y day of March, 2013. GRANTOR: FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER FOR BANK OF CHOICE By Printed N Title: STATE OF)Cc § COUNTY OF' INR-l' As § „Thus instrum nt was ACKE NO DGED before me, on fhe day of March, 2013, by f I, lti1O ( 'S7 }}�� , MCi pj— `f " for FEDERAL DEPOSIT INSURANCE CORPORATION AS RECEIVER OR BANK OF CHOICE, on behalf of said entity. [SEAL] My Commission Expires: 141(90(i40 SHELLYCAMPBELL 1• u4. MY COMMISSION EXPIRES ^` August 4,2016 SPECIAL WARRANTY DEED - Page 5 03013.0709 IIII Diamond Valley Dc, Windsor CO Title Data, Inc. UN SKL12336 WE 3916447-2013.005 3916447 03/12/2013 02:19 PM Page 6 of 10 EXHIBIT "A" Legal Description of the Property THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF WELD, STATE OF COLORADO, AND IS DESCRIBED AS FOLLOWS: Lot 9, Diamond Valley Subdivision Fifth Filing, County of Weld, State of Colorado, Tax Parcel ID No.: R3201404 Commonly known as 1111 Diamond Valley Drive, Windsor, Colorado 80550 EXHIBIT A, Legal Description— Solo Page 03013.0709 I III Diamond Valley Dr., Windsor CO Title Data, Inc. UN SKL12336 WE 3916447-2013.006 3916447 03/12/2013 02:19 PM Page 7 of 10 EXHIBIT "B" Permitted Encumbrances 1. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Record, 2. Reservations contained in the Patent From: The United States of America To: Thomas Barry Recording Date: August 30, 1886 Recording No: Book 333 at Page 471 Which, among other things, recites as follows: Subject to any vested and accrued water rights for mining, agricultural, manufacturing, or other purposes and rights to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by local customs, laws and decisions of the courts; and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises hereby granted, as provided by law. - 3. Easements, terms, conditions, reservations, provisions, agreements and obligations contained in the Warranty Deed as set forth below: Recording Date: January 12, 1903 Recording No.: Book 200 at Page 535 4. Reservations contained in the Patent From: The United States of America To: Harrison Teller Recording Date: July 3, 1954. Recording No: Book 1395 at Page 108 Which, among other things, recites as follows: Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes and rights to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of the courts; and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises hereby granted, as provided by law; and the reservation from the lands hereby granted of EXHIBIT B, Permitted Encumbrances — Page 1 of 4 03013.0704 1111 Diamond Valley Dr., Windsor CO Title Data, Inc. UN SKL12336 WE 3916447-2013.007 3916447 03/12/2013 02:19 PM Page 8 of 10 a right of way thereon for ditches or canals constructed by the authority of the United States, 5 Undivided interest in all oil, gas and other mineral rights reserved in the instrument set forth below, and any and all assignments thereof or interests therein: Reserved by: Harry Altergott and Flora Altergott Recording Date: November 5, 1965 Recording No.: Reception No. 1475169 6. Undivided interest in all oil, gas and other mineral rights granted by the instrument set forth below, and any and all assignments thereof or interests therein: Granted To: Harry Altergott and Flora Altergott Recording Date: June 20, 1985 Recording No.: Reception No. 2014056 7. Undivided 1/4 of 8/8ths interest in all oil, gas and other mineral rights granted by the instrument set forth below, and any and all assignments thereof or interests therein: Granted To: Jake Altergott & Dorothy Altergott, a/k/a Dorothy M. Altergott Recording Date: November 7, 1991 Recording No.: Reception No. 2268619 8. Terms, conditions, provisions, agreements and obligations contained in the Stipulation and Agreement as set forth below: Recording Date: June 18, 1992 Recording No.: Reception No..2292405 9. Terms, conditions, restrictions, provisions, notes and easements but omitting any covenants or restrictions, if any including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on the Flats) of Recorded Exemption No., 0807-22-4 RE 1960 set forth below: Recording Date: January 23, 1997 Recording No: Reception No. 2530519 10. Undivided interest in all oil, gas and other mineral rights granted by the instrument set forth below, and any and all assignments thereof or interests therein: Granted To: Dorothy M. Altergott Recording Date: December 5, 1997 EXHIBIT B, Permitted Encumbrances — Page 2 of 4 03013.07091111 Diamond Valley Dr., Windsor CO Title Data, Inc. UN SKL12336 WE 3916447-2013.008 3916447 03/12/2013 02:19 PM Page 9 of 10 Recording No.: Reception No. 2582841 11, Terms, conditions, provisions, agreements and obligations contained in the Altergott Annexation Agreement as set forth below: Recording Date: July 24, 1998 Recording No.: Reception No. 2628'392 12. Terms, conditions, restrictions, provisions, notes and easements but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, 01• source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on the Plat(s) of Altergott Farms, First Filing set forth below: Recording Date: July 24, 1998 Recording No: Resolution No, 2628398 • 13. Covenants, conditions and restrictions, which do not include a forfeiture or reverter clause, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: August 6, 1998 Recording No: Reception No. 2631483 14. Terms, conditions, restrictions, provisions, notes and easements but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial ilial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on the Plat(s) of Diamond Valley Subdivision set forth below: Recording Date: April 14, 2000 Recording No: Reception No. 2761884 15. Terms, conditions, provisions, agreements and obligations contained in the Development Agreement as set forth below: Recording Date: July 28, 2004 Recording No.: Reception Nb. 3202937 16, Terms, conditions, restrictions, provisions, notes and easements but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, EXHIBIT B, Permitted Encumbrances — Page 3 of 4 03013 0709 11 i 1 Diamond Valley Dc, Windsor CO Title Data, Inc. UN SKL12336 WE 3916447-2013.009 3916447 03/12/2013 02:19 PM Page 10 of 10 religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on the Plat(s) of Diamond Valley Subdivision Fifth Filing set forth below: Recording Date: July 28, 2004 Recording No; Reception No. 3202938 17. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions, together with easements, if any, as set forth therein, and any and all assignments thereof or interests therein. Recording Date: October 17, 2011 Recording No: Reception No. 3799120 18. Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees. EXHIBIT B, Permitted Encumbrances — Page 4 of 4 03013.0709 1111 Diamond Valley Dr., Windsor CO Title Data, Inc. UN SKL12336 WE 3916447-2013.010 July 22, 2013 CLERK TO THE BOARD PHONE (970) 336-7215, EXT 4226 FAX (970) 352-0242 WEBSITE: www.co.weld.co.us 1150 O STREET P.O. BOX 758 GREELEY CO 80632 BOKHARI SYED HABIB AHMAD 2300 CHALET TRAIL KERRVILLE, TX 78028 Account No.: R3201404 Dear Petitioner(s): The Weld County Board of Equalization has set a date of August 02, 2013, at or about the hour of 10:15 AM, to hold a hearing on your valuation for assessment. This hearing will be held at the Weld County Administration Building, Assembly Room, 1150 O Street, Greeley, Colorado. You have a right to attend this hearing and present evidence in support of your petition. The Weld County Assessor or his designee will be present. The Board will make its decision on the basis of the record made at the aforementioned hearing, as well as your petition, so it would be in your interest to have a representative present. If you plan to be represented by an agent or an attorney at your hearing, prior to the hearing you shall provide, in writing to the Clerk to the Board's Office, an authorization for the agent or attorney to represent you. If you do not choose to attend this hearing, a decision will still be made by the Board by the close of business on August 5, 2013, and mailed to you on or before August 12, 2013. Because of the volume of cases before the Board of Equalization, most cases shall be limited to 10 minutes. Also due to volume, cases cannot be rescheduled. It is imperative that you provide evidence to support your position. This may include evidence that similar homes in your area are valued less than yours or you are being assessed on improvements you do not have. Please note: The fact that your valuation has increased cannot be your sole basis of appeal. Without documented evidence as indicated above, the Board will have no choice but to deny your appeal. If you wish to obtain the data supporting the Assessor's valuation of your property, please submit a written request directly to the Assessor's Office by fax (970) 304-6433, or if you have questions, call (970) 353-3845. Upon receipt of your written request, the Assessor will notify you of the estimated cost of providing such information. Payment must be made prior to the Assessor providing such information, at which time the Assessor will make the data available within three (3) working days, subject to any confidentiality requirements. AS0085 BOKHARI SYED HABIB AHMAD - R3201404 Page 2 Please advise me if you decide not to keep your appointment as scheduled. If you need any additional information, please call me at your convenience. Very truly yours, BOARD OF EQUALIZATION Esther E. Gesick Deputy Clerk to the Board cc: Christopher Woodruff, Assessor SPERRY VAN NESS C/O KYLE LUNDY 2020 CARIBOU DR FORT COLLINS, CO 80525 AS0085 Hello