HomeMy WebLinkAbout20131271.tiffCERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
Heritage Title Company, Inc. hereby certifies that it has made a careful search of its
records and finds the following conveyances affecting the real estate described herein
since August 30, 1972, and the most recent deed recorded prior to August 30, 1972.
LEGAL DESCRIPTION
The East %z of the Southeast 1/4 of Section 22, Township 2 North, Range 63 West of the 6" P.M.,
County of Weld, State of Colorado.
CONVEYANCES (If none appear, so state):
Reception No. 1507635 I Book 586
Reception No. 1707354 Book 785
Reception No. 2729397 I Book
Reception No. 3125989
Book
This certificate is made for the use and benefit of the Department of Planning Services
of Weld County, Colorado.
This certificate is not to be construed as an Abstract of Title, Opinion of Title or a
Guarantee of Title and the liability of Heritage Title Company, Inc. is hereby limited
to the fees paid for this Certificate.
In Witness Whereof, Heritage Title Company, Inc., has caused this Certificate to be
signed by its proper officer this'-lhday of )i,,„ 20 t3, at 7:00 am.
Order No. H0360650
Heritage Title Company, Inc.
By: c/ ^ V GvLu_.
Authorized Siguatory
255
m pd r' gsonded r'I11987 M Wawa 2-IL
rmtl 586 awer:loa Na 1507635 W451010.111
QUIT CLAIM paw
OS lank, Made this ----20th---- d y.at
to the year of our lad me thousand nine hundred
August I
Slaty -seven
Saran- EATARINA ZIMBELMAN
of the County of Weld , and the Slate of Celoado, al the
lint part, and -JOHN ZIMBELMAN, JR
of the Comity of Weld
, and the State of Colorado, of the
second pan; WITNESSETH, That the said party of the first part, and for and In consideration of
the tam at
Other good and valuable coneldoratlon and Ton flouts,,
to the add party of the fiat put la had Welty the add party of the second part, the re-
ceipt tent is hereby confessed and acknowledged, ha remised, released, sold, conveyed and
QUIT CLAIMED, and by these plumb does smite, release, sell, convey and QUIT CLAIM
unto the maid party (Alba nand pert, his halt. and assigns Breves, all the rldd, tithe, loftiest,
claim and demand which the maid party of the first put hen to and b the followfog described
real estate carat', lylog and being In the County of WELD and Stale of Colorado, to -wit:
All my right, title and interest in and to the Southeast Quarter (SE!)
of Section Twenty-two (22), in Tawoeblp Two (2) North, of Range
Sixty-three (0]) West, of the 0th P.M., Weld County, Colorado,
TOGETHER WITH all water rights and oU wells and equipment used
for the irrigation of said land and together with o pre rata Interest
in the lienrylya Irrigation Dlets-lot by reason of the Irritation of the
above described premiere in said Dlatriat.
To Have and To Hold the amt, together with all and singular the q urtenaoce and --
iera therewith belonging or In anywise thereunto appertaining, and W the estate, right. aide. In-
terest and claim whatsoever, of the said Arty of the fiat put, either In law or equity, to the only
proper use, benefit and hehoo( of the said party of the second part, his heirs and reigns forever.
IN WITNESS WHEREOF, The said party of the first put has hereunto 'ether head
and seal the day and year first above written. .} )���,,c�n
Signed in the P,.n,.. of N 7'e""" era'��c'�iI YC^'^'eCIlOtYj(Seal)
Rotarian Ztml, man
STATE OP Z3®uLIt
4LWoo
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(Sad)
(Seal)
The foregoing Instrument was acknowledged before me
this /<f ray of , A, D.1967 ,
BY
Wilma my Head and Official Sal.
My Canmiwim Expires rc.0 S .,s7aa. y
Nadry RAW.
Remrtna Zlmbelmee
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.d'�'PBS Recorded No�_ndxt_Xf_..M., ._.__w( AfLU ._—._.o._._
RNe➢lop Ne...�J �LLGYSg maw( ANN IN:0.51CIN Ra[a[der,
I—i
Tins DEED, Made Del. .Z.day of December
m the year of ow tam one lhoveand rim hundred end seventy—six
, between
JOHN ZIMBEIMAN, Sr. and FLORA
' ZIN.BEMAN, husband and wife
ni5 b!
of the
Couop nf Weld end State of Colorado, of the fleet part, eked
DONALD J. ZIMBELMAN
of tin Gamy el Weld and
.—s Slate of Colorado, of the emend pen:
li
JvtFt s,
ap i13
ilt-
w(rNFSRErf, That me void part Sea of the that port, for and le comid.nNno of the sum of
oe uhf other valuable consideration and ten and n0/100 DOLLARS,
to I
See of the firm pan le hand paid by the sold pen Y at the second pert, the receipt
..hoes! I. hereby confessed and o0.nmrledged, have rooted, barrelled, sold cod conveyed, and by Oat
present. do grant, bargain, sell, convey and eordlre, aisle the said pert y of the second part, his
helm and coigne forayer, MI Ore fellowlot described lot or peed of lead, eiluste, lying and being
to the corsety of Weld sod Slay of Colorado, to -full:
Southeast Quarter (SE 1/4) of Section twenty two (22), Township Two (2)
cn North, Range 63 West of the 6th P.M., together with all water rights
ta • and all wells and equipment used for the irrigation of said land, and
together with a pro -rata interest in the Nenrylyn Irrigation District
by reason of the inclusion of the above described premises in said
District, reserving unto grantors all of the oil, gas and other miner-
als in and under said land not previously conveyed or reserved, and
also reserving unto grantors a life estate in the building known as
House No. 2 and the right of ingress and egress to and from said
building (the life estate to be for the lives of both grantors),
including right to water to said building from domestic well on said
property.
TOGETHER will tell and singular the heeedlbmenta end eppwlennneea thereto belonging. or In anywise
e ppertaloina, and the rerenlon and remnant, remainder and remol nden, rent., issues and profit. 0herrah and all
Om estate, right, live, I eene t. chine sod demand whatsoever et the maid port iea of the first pact, either in law
or equity, of, In and to the above beagained armlets, with tbt hereditament. and appurtenance.
TO IIAVE AND TO 1101.0 the said premise. ahove b.rgstoed and described. with the appurtenances, unto the
acid pen y of the second pan, his heirs and sextant forever. And the said part les of Ibe brats pert.
ler them r,Nes,their Alin, executorsand ndmloinnwn, do raven.h gaol, bargain, end
▪ to cod with the sold port y of the ..rend pan, his heirs end assigns, that at the lane of the enure,.
Mg and delivery of these presents. they are wan . oed of the premises above ra .ged,ale of gone, sire,
pod.rt, aboolute and mdelraamlr estate of Mhersionee, in low, m fee ample, .oa h. ve good right, full power
endlawm authority to avant. bargain, sell and convey me e end farm asoar old, and raw lh. mare
r fret and clew from ell farmer and other greats,, harpei. sale., rase liens, tesad a n reMe n, of
whatever kind or nature sonar., except subject to general taxes, easements,
rights of way, reservations and leases, if any, now of record, and
subject to farm and ranch mortgage to The Federal Land Bank of
Wichita, Wichita, Kansas recorded October 4, 1974 in Book 724 at
Page 210, Weld County records.
sod the &love Imegalned premises is the quiet and peaenble pooestlot of Ihe said pan y of the second pan.
his belee and .estrus against all end every person or person. lawfully rlelming ar la eldnlhe whale '
or say part thereof, Ili raid parties of the first port shall and swillswillWARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, the ..Id pen lea of the floe pen ha ve bereuota ant theipend s
and nala the day mod year fuel above wallet • 7 //r (y,:�l ( 19-/p/
(._..(SEALI
J04 ZIMBEIMAN, JR.
(SEAL) '
IN FLORA ZIMBE121ACL I//n N SEAL)
``(( STATE OF COLORADO `
:'b4 P.!!ytytand Ceasty of Denver I"
1.
...1'...
' ' t¢b, lqt)J� ,i,onrumml was .hmsldred hits'. me Ihb ./ (A days' December i
.n ya81AiT)';VCaOHN ZIMBEIMIdd, JR. and FLLOORA%ZIMBELMAN, husband and wife.)
' •5nd)Aeomli.lpu' expire. November 25 t 'a 78, wanes my toad .rte nines not
Ne. 931 nano.,. er tiara. t., Pt.n...rn. 5...w
J,LkiII It
be.
!tFl• tu!.I'.•�N 4110
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397
1111111 IIIII 111111 IIII 111111111111 IIIII III 11111 till Ill!
2729397 10128(1999 02:03P JA Sukl Tsukamoto
1 of 1 R 5.00 0 0.00 Weld County CO
PERSONAL REPRESENTATIVE'S DEED
(Testate Estate)
mils DEED is made by Anna Lee Zimbelman, as Personal Representative of the Estate of Donald
John Zimbelman, also known as Donald J. Zimbelman, deceased, Grantor, to Anna Lee Zimbelman,
Grantee, whose legal address is 33715 WCR 18, Keenesburg, of the County of Weld, and State of
Colorado.
WHEREAS, the Last Will and Testament of the above -named decedent was made and
executed in the lifetime of the decedent, and is dated December 3, 1979, which Will was duly
admitted to informal probate on March 3, 1999, by the District Court in and for the County of Weld,
State of Colorado, Probate No. 99 PR 73;
WHEREAS, Grantor was duly appointed Personal Representative of said Estate on March
3, 1999, and is now qualified and acting in said capacity.
NOW, THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado
Probate Code, Grantor does hereby sell, convey, assign, transfer and set over unto said Grantee, as
the person entitled to distribution of the property in the above captioned Will, the following
described real property situate in the County of Weld, State of Colorado:
Southeast Quarter (SE1/4) of Section twenty two (22), Township Two (2) North,
Range 63 West of the 6th P.M., together with all water rights and all wells and
equipment used for the irrigation of said land, and together with a pro -rata interest
in the Hcnrylyn Irrigation District by reason of the inclusion of the above described
premises in said District.
also known by street and number as 33715 WCR 18, Keenesburg, Colorado
With all appurtenances, subject to covenants, easements and restrictions of record, and
subject to general property taxes for the year 1999.
As used herein, the singular includes the plural and the plural the singular.
Executed .'124(97
STATE OF COLORADO
SS.
COUNTY OF WELD
Personal Representativoo c Estate of
Donald John Zimbel an, also known as
Donald J. Zimbelman, Deceased
The foregoing instrument was acknowledged before me this „,' i day of
, 1999, by Anna Lee Zimbelman, as Personal Representative of the Estate of
Donald John Zimbelman, also known as Donald J. Zimbelman, Deceased.
,Witnl:ssg my - hand and official seal.
my eomtiiissjon expires:
CO
M11'20076 \ CCI,Po I Ordcc4IDOI H
Notary Pubic
1111111 1101 IIII 1111111 111111 III 1111111 III 0111 IIII IIII
3125989 11112/2003 04:04P Weld County, CO
1 of 1 R 6.00 D 0.00 Steve Moreno Clerk & Recorder
989
Q
Q
QUIT CLAIM DEED
THIS DEED, Made this 5th day of November,2003 between
Anna Lee Zimbelman
of the County of Weld and State of Colorado, Grantor, and
Anna Lee Zimbelman
Whose legal address is 33715 WCR 18 Keenesburq, CO 80643
of the county of Weld and State of Colorado, Grantee:
WITNESSETH, That the grantor(s) for and in consideration of the sum of ONE AND
00/100, ($1.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has
remised, released, sold and QUIT CLAIMED, and by these presents do remise, release, sell
and QUIT CLAIM unto the grantor(s), its heirs, successors and assigns forever, all right,
title, interest, claim and demand which the grantor(s) have in and to the real property,
together with Improvements, if any situate, lying and being in the County of Weld and
State of Colorado, described as follows:
East 1/2 of the South East 1/4, Section 22, Township 2 North, Ranee 63 West of
the 6th P.M.
also known by street and number as Unnumbered Land WCR 18 Keenesburq
CO 80643.
TO HAVE AND TO HOLD the same, together with all and singular appurtenances and
privileges thereunto belonging or in anywise thereunto appertaining, and all the estate,
right title, interest and claim whatsoever, of the grantor(s), either in law or equity, to the
only proper use, benefit and behoof of the grantee(s), its heirs and assigns forever.
IN WITNESS WHEREOF, The grantor(s) have executed this deed on the
date set forth above.
State Of Colorado )
ss
County of Weld )
Witness my hand and o
My commission expires: / / -
BY: (//1.44st.
The foregoing instrument was
knowledged before me this
ill day of AJov, , 200,
Name of person creating new legal description: Anna Lee Zimbelman
2
3
4
5
6
7
8 (LAND)
The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission.
(CBS4-10- I I) (Mandatory I-12)
THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND
TAX OR OTHER COUNSEL BEFORE SIGNING.
CONTRACT TO BUY AND SELL REAL ESTATE
9
10
II
12
13
AGREEMENT
Date: 's .
)1LLGI .rd
1,7013
[4 1. AGREEMENT. Buyer, identified in § 2.1, agrees to buy, and Seller, identified in § 2.3, agrees to sell, the Property
15 described below on the terms and conditions set forth in this contract (Contract),
16 2. PARTIES AND PROPERTY.
17 2.1. Buyer. Buyer, ANADARKO E&P ONSHORE LLC, (formerly Anadarko E&P Company LP), a Delaware limited
18 liability company will take title to the Property described below. 2.2.
19 Assignability and Inurement. This Contract Shall Not be assignable by Buyer without Seller's prior written consent.
20 Except as so restricted, this Contract shall inure to the benefit of and be binding upon the heirs, personal representatives,
21 successors and assigns of the parties.
22 2.3. Seller. Seller, ANNA LEE ZIMI3ELMAN Is the current owner of the Property described below.
23 2.4. Property. The Property is the following legally described real estate in the County of WELD, Colorado:
24
25 The East one-half of the Southeast quarter (E1/2 SEI/4) of Section 22, Township 2 North, Range 63 West of the 6°i
26 P.M.
27
28
29 known as No.
30 Street Address City State Zip
31 together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto, and all interest of
32 Seller in vacated streets and alleys adjacent thereto, except as herein excluded (Property).
33 2.5. Inclusions. The Purchase Price includes the following items (Inclusions):
34 2.5.1. Fixtures. All fixtures attached to the Property on the date of this Contract. Existing fences, if any
35
36
37 If any fixtures are attached to the Property after the date of this Contract, such additional fixtures are also included in the Purchase
38 Price.
39 2.5.2. Personal Property. If on the Property whether attached or not on the date of this Contract: NONE
40
41 2.5.3. Water Rights, Water and Sewer Taps.
42 2.5.4.1. Deeded Water Rights. The following legally described water rights: NONE. All rights to
43 bonded or other attached or allocated water of the HENRYLYN WATER DISTRICT shall he retained by seller.
44
45 2.5.5. Growing Crops. With respect to growing crops, Seller and Buyer agree as follows: 2012 Crops shall be
46 retained by Seller and any 2013 crops from the South one-half shall he retained by Seller and Buyer will have no liability for crop
47 expenses.
48
49
50 2.6. Exclusions. The following items are excluded (Exclusions): dwellings encroaching on the Property from the West
5I one-half of the Southeast Quarter of Section 22. SELLER SHALL RESERVE ALL OIL, GAS AND OTHER MINERALS.
52
53
No. Cus4ao.It. comfit/ter TO BUY AND SELL REAL. ESTATE (LAND) Page 1 or 11
61 4.1. Price and Terms. The Purchase Price set forth below shall be payable in U.S. Dollars by Buyer as follows:
Item No.
Reference
Item
Amount
Amount
1
§ 4.1
Purchase Price
$
$ illa
2
§ 4.2
Earnest Money
3
§ 4.5
New Loan
4
§ 4.6
Assumption Balance
5
§ 4.7
Seller or Private Financing
6
7
8
§ 4.3
Cash at Closing
9
TOTAL
$$silIM
62
63
64
65
66
67
68
69
70
71
72
73
74 5. IN LEFT BLANK
4.2. Earnest Money. The Earnest Money set forth in this section, in he form of a check payable to Seller and retained
by her even if for any rea on the transactions does not close.
4.3. Form of Funds; Time of Payment; Funds Available.
4.3.1, Good Funds. All amounts payable by the parties at Closing, Cash at Closing and closing costs, shall be in
funds that comply with all applicable Colorado laws, including electronic transfer funds, certified check, savings and loan teller's
check and cashier's check (Good Funds).
4.3.2. Available Funds. All funds required to be paid at Closing or as otherwise agreed in writing between the
parties shall be timely paid to allow disbursement by Closing Company at Closing OR SUCH PARTY SHALL BE IN DEFAULT.
Buyer represents that Buyer, as of the date of this Contract, Does have funds that are immediately verifiable and available in an
amount not less than the amount stated as Cash at Closing in § 4.1.
75 7. EVIDENCE OF TITLE AND ASSOCIATION DOCUMENTS.
76 7.1. Evidence of Title. On or before Record Title Deadline (§ 3), Seller shall cause to be furnished to Buyer, at Seller's
77 expense, a current commitment for owner's title insurance policy (Title Commitment) in an amount equal to the Purchase Price.
78 Seller shall also deliver to Buyer copies of any abstracts of title covering all or any portion of the Property (Abstract) in Seller's
79 possession. At Seller's expense, Seller shall cause the title insurance policy to be issued and delivered to Buyer as soon as
80 practicable at or after Closing. The title insurance commitment Shall Not commit to delete or insure over the standard exceptions
81 which relate to: (l) parties in possession, (2) unrecorded easements, (3) survey matters, (4) unrecorded mechanics' liens, (5) gap
82 period (effective date of commitment to date deed is recorded), and (6) unpaid taxes, assessments and unredeemed tax sales prior
83 to the year of Closing.
84 Buyer shall have the right to review the Title Commitment, its provisions and Title Documents (defined in § 7.2), and if not
85 satisfactory to Buyer, Buyer may exercise Buyer's rights pursuant to § 8.1.
86 7.2. Copies of Exceptions. On or before Record Title Deadline (§ 3), Seller, at Seller's expense, shall furnish to Buyer
87 (I) copies of any plats, declarations, covenants, conditions and restrictions burdening the Property, and (2) Copies of any Other
88 Documents (or, if illegible, summaries of such documents) listed in the schedule of exceptions (Exceptions) on or before
89 Exceptions Request Deadline (§ 3). This requirement shall pertain only to documents as shown of record in the office of the clerk
90 and recorder in the county where the Property is located. The Title Commitment, together with any copies or summaries of such
91 documents furnished pursuant to this section, constitute the title documents (collectively, Title Documents).
92
93 8. RECORD TITLE AND OFF -RECORD TITLE MATTERS.
94 8.1. Record Title Matters. Buyer has the right to review and object to any of the Title Documents (Right to Object,
95 Resolution), as set forth in § 8.3. Buyer's objection may be based on any unsatisfactory form or content of Title Commitment,
96 notwithstanding § 13, or any other unsatisfactory title condition, in Buyer's sole subjective discretion. If Buyer objects to any of
97 the Title Documents, Buyer shall cause Seller to receive Buyer's Notice to Terminate or Notice of Title Objection on or before
98 Record Title Objection Deadline (§ 3). If Title Documents are not received by Buyer, on or before the Record Title Deadline
99 (§ 3), or if there is an endorsement to the Title Commitment that adds a new Exception to title, a copy of the new Exception to title
100 and the modified Title Commitment shall be delivered to Buyer. Buyer shall cause Seller to receive Buyer's Notice to Terminate
101 or Notice of Title Objection on or before ten days after receipt by Buyer of the following documents: (I) any required Title
102 Document not timely received by Buyer, (2) any change to the Title Documents, or (3) endorsement to the Title Commitment. If
103 Seller receives Buyer's Notice to Terminate or Notice of Title Objection, pursuant to this § 8.1 (Record Title Matters), any title
104 objection by Buyer and this Contract shall be governed by the provisions set forth in § 8.3 (Right to Object, Resolution). If Seller
No. CBS4d01 I. CONTRACT TO BUY AND SELL REAL ESTATE (LAM
Page 3 or 11
54 3. DATES AND DEADLINES.
Item No.
Reference
Event
Date or Deadline
Title and Association
2
§ 7.1
Record Title Deadline
April 1,2013
3
§ 7.2
Exceptions Request Deadline
April 7, 2013
4
§ 8,1
Record Title Objection Deadline
April 15, 2013
5
§ 8.2
Off -Record Title Deadline
April I, 2013
6
§ 8.2
Off -Record Title Objection Deadline
April 15, 2013
7
§ 8.3
Title Resolution Deadline
April30, 2013
Seller's Property Disclosure
April I, 2013
11
§ 10.1
Seller's Property Disclosure Deadline
Survey
21
§ 9.1
Current Survey Deadline
22
§ 9.2
Current Survey Objection Deadline
Inspection and Due Diligence
23
§ 10.2
Inspection Objection Deadline
24
§ 10.3
Inspection Resolution Deadline
25
§ 10.5
Property Insurance Objection Deadline
28
§ 10.8
Environmental Inspection Objection Deadline
Closing and Possession
32
§ 12.3
Closing Date
20 Calender Days after USR
Approval
33
§ 17
Possession Date
Closing Date
34
§ 17
Possession Time
5 PM
35
§ 28
Acceptance Deadline Date
February 7, 2013
36
§ 28
Acceptance Deadline Time
5PM
55 Note: Applicability of Terms.
56 Any box, blank or line in this Contract left blank or completed with the abbreviation "N/A' , "Intentionally left blank" ,or the word
57 "Deleted" means such provision in Dates and Deadlines (§ 3), including any deadline, 's not applicable and the corresponding
58 provision of this Contract to which reference is made is deleted. See Paragraph 30 for further provisions regar5ding dates.
59 The abbreviation "MEC" (mutual execution of this Contract) means the date upon which both parties have signed this Contract.
60 4. PURCHASE PRICE AND TERMS.
No. CttS4-Ind I. CONT'RAC'T 1'0 BUY AND SELL REAL ESTATE ° AND)
Page 2 of 11
105 does not receive Buyer's Notice to Terminate or Notice of Title Objection by the applicable deadline specified above, Buyer
106 accepts the condition of title as disclosed by the Title Documents as satisfactory.
107 8.2. Off -Record Title Matters. Seller shall deliver to Buyer, on or before Off -Record Title Deadline (§ 3), true copies
108 of all existing surveys in Seller's possession pertaining to the Property and shall disclose to Buyer all easements, liens (including,
109 without limitation, governmental improvements approved, but not yet installed) or other title matters (including, without
110 limitation, rights of tint refusal and options) not shown by public records, of which Seller has actual knowledge. Buyer shall have
III the right to inspect the Property to investigate if any third party has any right in the Property not shown by public records (such as
112 an unrecorded easement, unrecorded lease, boundary line discrepancy or water rights). Buyer's Notice to Terminate or Notice of
113 Title Objection of any unsatisfactory condition (whether disclosed by Seller or revealed by such inspection, notwithstanding § 13),
114 in Buyer's sole subjective discretion, shall be received by Seller on or before Off -Record Title Objection Deadline (§ 3). If Seller
115 receives Buyer's Notice to Terminate or Notice of Title Objection pursuant to this § 8.2 (Off -Record Title Matters), any title
116 objection by Buyer and this Contract shall he governed by the provisions set forth in § 8.3 (Right to Object. Resolution). If Seller
117 does not receive Buyer's Notice to Terminate or Notice of Title Objection, on or before Off -Record Title Objection Deadline
118 (§ 3), Buyer accepts title subject to such rights, if any, of third parties of which Buyer has actual knowledge.
119 83. Right to Object, Resolution. Buyer's right to object to any title matters shall include, but not be limited to those
120 matters set forth in §§ 8.1 (Record Title Matters), 8.2 (Off -Record Title Matters) and 13 (Transfer of Title), in Buyer's sole
121 subjective discretion (collectively, Notice of Title Objection). If Buyer objects to any title matter, on or before the applicable
122 deadline, Buyer shall have the choice to either (I) object to the condition of title, or (2) terminate this Contract.
123 8.3.1. Title Resolution. If Seller receives Buyer's Notice of Title Objection, as provided in § 8.1 (Record Title
124 Matters) or § 8.2 (Off -Record Title Matters), on or before the applicable deadline, and if Buyer and Seller have not agreed to a
125 written settlement thereof on or before Title Resolution Deadline (§ 3), this Contract shall terminate on the expiration of Title
126 Resolution Deadline (§ 3), unless Seller receives Buyer's written withdrawal of Buyer's Notice of Title Objection (i.e., Buyer's
127 written notice to waive objection to such items and waives the Right to Terminate for tlmt reason), on or before expiration of Title
128 Resolution Deadline (§ 3).
129 8.3.2. Right toTerminate —Title Objection. Buyer shall have the Right to Terminate under § 25.1, on or before
130 the applicable deadline, based on any unsatisfactory title matter, in Buyer's sole subjective discretion.
131 8.4, Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION
132 INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE
133 PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK
134 FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE
135 CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH
136 INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYERS SHOULD INVESTIGATE THE
137 SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE COUNTY
138 TREASURER, BY REVIEWING TIIE CERTIFICATE OF TAXES DUE FOR THE PROPERTY, AND BY OBTAINING
139 FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND
140 RECORDER, OR THE COUNTY ASSESSOR.
141 Buyer shall have the Right to Terminate tinder § 25.1, on or before Off -Record Title Objection Deadline (§ 3), based on
142 any unsatisfactory effect of the Property being located within a special taxing district, in Buyer's sole subjective discretion.
143 8.5. INTENTIONALLY LEFT BLANK.
l44 8.6. Title Advisory. The Title Documents affect the title, ownership and use of the Property and should be reviewed
145 carefully. Additionally, other matters not reflected in the Title Documents may affect the title, ownership and use of the Property,
146 including, without limitation, boundary lines and encroachments, area, zoning, unrecorded easements and claims of easements,
147 leases and other unrecorded agreements, and various laws and governmental regulations concerning land use, development and
148 environmental matters. The surface estate may be owned separately from the underlying mineral estate, and transfer of the
149 surface estate does not necessarily include transfer of the mineral rights or water rights. Third parties may hold interests in
I50 oil, gas, other minerals, geothermal energy or water on or under the Property, which interests may give them rights to
151 enter and use the Property. Such matters may be excluded from or not covered by the title insurance policy. Buyer is advised to
152 timely consult legal counsel with respect to all such matters as there are strict time limits provided in this Contract [e.g., Record
153 Title Objection Deadline (§ 3) and Off -Record Title Objection Deadline (§ 3)].
154 9. CURRENT SURVEY REVIEW.
155 9.1. INTENTIONALLY LEFT BLANK
156
157
158 9.2. Survey by Buyer. Buyer may elect to obtain a survey of the Property. In such event, the survey shall identify the permitted
159 encroachments from the dwelling in the West half of said Southeast quarter, very close to the South Boundary of the Property.
No. O154-10-11. CONTRACT TO BUY AND SELL REAL ESTATE (LAND) Page 4 of II
160
DISCLOSURE, INSPECTION AND DUE DILIGENCE
161 10. PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY, DUE DILIGENCE AND SOURCE
162 OF WATER.
163 10,1. Seller's Property Disclosure Deadline. On or before Seller's Property Disclosure Deadline (§ 3), Seller agrees to
164 deliver to Buyer the most current version of the applicable Colorado Real Estate Commission's Seller's Properly Disclosure form
165 completed by Seller to Seller's actual knowledge, current as of the date of this Contract.
166 10.2. Inspection Objection Deadline. Unless otherwise provided in this Contract, Buyer acknowledges that Seller is
167 conveying the Property to Buyer in an "as is" condition, "where is" and "with all faults". Seller shall disclose to Buyer, in writing,
168 any latent detects actually known by Seller. Buyer, acting in good faith, shall have the right to have inspections (by one or more
169 third parties, personally or both) of the Property and Inclusions (Inspection), at Buyer's expense. If (I) the physical condition of
170 the Property, including, but not limited to, the roof, walls, structural integrity of the Property, any electrical, plumbing, HVAC and
171 other mechanical systems of the Property, (2) the physical condition of any Inclusions, (3) service to the Property (including
172 utilities and communication services), systems and components of the Property, e.g. heating and plumbing, (4) any proposed or
173 existing transportation project, road, street or highway, or (5) any other activity, odor or noise (whether on or off the Property) and
174 its effect or expected effect on the Property or its occupants is unsatisfactory, in Buyer's sole subjective discretion, Buyer shall, on
175 or before Inspection Objection Deadline (§ 3):
176 10.2.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated; or
177 10.2.2. Inspection Objection. Deliver to Seller a written description of any unsatisfactory physical condition that
178 Buyer requires Seller to correct.
179 Buyer shall have the Right to Terminate under § 25.1, on or before Inspection Objection Deadline (§ 3), based on any
180 unsatisfactory physical condition of the Property or Inclusions, in Buyer's sole subjective discretion.
181 10.3. Inspection Resolution Deadline. If an Inspection Objection is received by Seller, on or before Inspection
I 82 Objection Deadline (§ 3), and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Inspection
183 Resolution Deadline (§ 3), this Contract shall terminate on Inspection Resolution Deadline (§ 3), unless Seller receives Buyer's
184 written withdrawal of the Inspection Objection before such termination, i.e., on or before expiration of Inspection Resolution
185 Deadline (§ 3).
186 10.4, Damage, Liens and Indemnity. Buyer, except as otherwise provided in this Contract or other written agreement
187 between the parties, is responsible for payment for all inspections, tests, surveys, engineering reports, or any other work performed
188 at Buyer's request (Work) and shall pay for any damage that occurs to the Property and Inclusions as a result of such Work. Buyer
189 shall not permit claims or liens of any kind against the Property for Work performed on the Property at Buyer's request, Buyer
190 agrees to indemnify, protect and hold Seller harmless from and against any liability, damage, cost or expense incurred by Seller
191 and caused by any such Work, claim, or lien. This indemnity includes Seller's right to recover all costs and expenses incurred by
192 Seller to defend against any such liability, damage, cost or expense, or to enforce this section, including Seller's reasonable
193 attorney fees, legal fees and expenses. The provisions of this section shall survive the termination of this Contract.
194 10.5. INTENTIONALLY LEFT BLANK.
195 10.6. Due Diligence Documents. Seller agrees to deliver copies of the following documents and information pertaining to
196 the Property (Due Diligence Documents) to Buyer on or before Due Diligence Documents Delivery Deadline (§ 3) to the extent
197 such Due Diligence Documents exist and are in Seller's possession:
198 10.6.1. N/A
199 10.6.2. Property tax bills for the last three years;
200 111.6.3. N/A As -built construction plans to the Property and the tenant improvements, including architectural,
201 electrical, mechanical, and structural systems; engineering reports; and permanent Certificates of Occupancy, to the extent now
202 available;
203 10,6.4. A list of all Inclusions to be conveyed to Buyer;
204 10.6.5. N/A Operating statements for the past — years;
205 10.6.6. N/A A rent roll accurate and correct to the date of this Contract;
206 10.6.7. N/A All current leases, including any amendments or other occupancy agreements, pertaining to the
207 Property (Leases);
208 10.6.8. A schedule of any tenant improvement work Seller is obligated to complete but has not yet completed and
209 capital improvement work either scheduled or in process on the date of this Contract;
210 10.6.9. All insurance policies pertaining to the Property and copies of any claims which have been made for the past
211 years;
212 10.6.10. Any soils reports, Surveys and engineering reports or data pertaining to the Property (if nor delivered earlier
213 under § 8.2);
214 10.6.11. Any and all existing documentation and reports regarding Phase I and II environmental reports, letters, test
215 results, advisories, and similar documents respective to the existence or nonexistence of asbestos, PCB transformers, or other toxic
No. CBSa'l0d1. CONTRACT TO B UV AND SELL REAL ESI'ATE(LAND) Pages of I
216 hazardous or contaminated substances, and/or underground storage tanks and/or radon gas. If no reports are in Seller's possession
217 or known to Seller, Seller shall warrant that no such reports are in Seller's possession or known to Seller;
218 10.6.12. N/A Any Americans with Disabilities Act reports, studies or surveys concerning the compliance of the
219 Property with said Act;
220 10.6.13. N/A All permits, licenses and other building or use authorizations issued by any governmental authority
221 with jurisdiction over the Property and written notice of any violation of any such permits, licenses or use authorizations, if any;
222 and
223 10.6.14. Other Documents: NONE
224 10.7. Due Diligence Documents Conditions. Buyer shall have the right to review and object to Due Diligence
225 Documents, zoning and any use restrictions imposed by any governmental agency with jurisdiction over the Property (Zoning), in
226 Buyer's sole subjective discretion, or Seller's failure to deliver to Buyer all Due Diligence Documents. Buyer shall also have the
227 unilateral right to waive any condition herein.
228 10.7.1. Due Diligence Documents Objection. Buyer shall have the Right to Terminate under § 25.1, on or before
229 Due Diligence Documents Objection Deadline (§ 3), based on any unsatisfactory matter with the Due Diligence Documents in
230 Buyer's sole subjective discretion. If, however, Due Diligence Documents are not timely delivered under § 10.6, or if Seller fails to
231 deliver all Due Diligence Documents to Buyer, then Buyer shall have the Right to Terminate under § 25,1 on or before the earlier
232 of ten days after Due Diligence Documents Objection Deadline (§ 3) or Closing.
233 10.7.2. Zoning. Buyer shall have the Right to Terminate under § 25.1, on or before Due Diligence Documents
234 Objection Deadline (§ 3), based on any unsatisfactory zoning, in Buyer's sole subjective discretion.
235 10.7.3. INTENTIONALLY LEFT BLANK.
236 10.8. Due Diligence --Environmental, ADA. Buyer shall havethe right to obtain environmental inspections of the
237 Property including Phase I and Phase U Environmental Site Assessments, as applicable. Buyer shall order or providePhase I
238 Environmental Site Assessment, and/or Phase II Environmental Site Assessment (compliant with ASTM El527-05 standard
239 practices for Environmental Site Assessments) and/or other site assessments, tests and inspections as it determines at the expense
240 of Buyer (Environmental Inspection). All such inspections and evaluations shall be conducted at such times as are mutually
241 agreeable to minimize the interruption of Seller's and arty farming activity .
242 If Buyer's Phase I Environmental Site Assessment recommends a Phase II Environmental Site Assessment, the
243 Environmental Inspection Objection Deadline (§ 3) shall be extended by 60 days (Extended Environmental Inspection
244 Objection Deadline) and if such Extended Environmental Inspection Objection Deadline extends beyond the Closing Date (§ 3),
245 the Closing Date (§ 3) shall be extended a like period of time.
246 Buyer shall have the Right to Terminate under § 25.1, on or before Environmental Inspection Objection Deadline (§ 3), or
247 if applicable the Extended Environmental Inspection Objection Deadline, based on any unsatisfactory results of Environmental
248 Inspection, in Buyer's sole subjective discretion.
249
250 11. INTENTIONALLY LEFT BLANK
251
CLOSING PROVISIONS
252 12. CLOSING DOCUMENTS, INSTRUCTIONS AND CLOSING.
253 12.1. Closing Documents and Closing Information. Seller and Buyer shall cooperate with the Closing Company to
254 enable the Closing Company to prepare and deliver documents required for Closing to Buyer and Seller and their designees. If
255 Buyer is obtaining a new loan to purchase the Property, Buyer acknowledges Buyer's lender shall be required to provide the
256 Closing Company in a timely manner all required loan documents and financial information concerning Buyer's new loan. Buyer
257 and Seller will furnish any additional information and documents required by Closing Company that will be necessary to complete
258 this transaction. Buyer and Seller shall sign and complete all customary or reasonably required documents at or before Closing.
259 12.2. Closing Instructions. Buyer and Seller agree to execute the Colorado Real Estate Commission's Closing Instructions.
260 Such Closing Instructions Are Not executed with this Contract. Upon mutual execution, Seller shall deliver such Closing
261 Instructions to the Closing Company.
262 12.3. Closing. Delivery of deed from Seller to Buyer shall be at closing (Closing). Closing shall be on the date specified
263 as the Closing Date (§ 3) or by mutual agreement at an earlier date. The hour and place of Closing shall be as designated by
264 Buyer
265 Disclosure of Settlement Costs. Buyer and Seller acknowledge that costs, quality, and extent of service vary between different
266 settlement service providers (e.g., attorneys, lenders, inspectors and title companies).
267 13. TRANSFER OF TITLE. Subject to tender of payment at Closing as required herein and compliance by Buyer with the
268 other terms and provisions hereof, Seller shall execute and deliver a good and sufficient Special Warranty deed to Buyer, at
269 Closing, conveying the Property free and clear of all taxes except the general taxes for the year of Closing. Except as provided
No. CI3S4.10.1I. CONTRACT TO BUY AND SELL REAL ESTATE (LAND) Page 6 of II
270 herein, title shall be conveyed free and clear of all liens, including any governmental liens for special improvements installed as of
271 the date of Buyer's signature hereon, whether assessed or not. Title shall he conveyed subject to:
272 13.1. Those specific Exceptions described by reference to recorded documents as reflected in the Title Documents
273 accepted by Buyer in accordance with Record Title Matters (§ 8.1),
274 13.2. Distribution utility easements (including cable TV),
275 13.3. Those specifically described rights of third parties not shown by the public records of which Buyer has actual
276 knowledge and which were accepted by Buyer in accordance with Off -Record Title Matters (§ 8.2) and Current Survey Review
277 (§ 9),
278 13.4. Inclusion of the Property within any special taxing district, and
279 13.5 Inclusion within the Henrylyn Water District .
280 13.6 Encroachment from existing dwelling together with road 20 feet wide for it's length, all on the South end along the
281 West side of the Property. (see Paragraph 9.2)
282 14. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall he paid at or before Closing from
283 the proceeds of this transaction or from any other source.
284 15. CLOSING COSTS, CLOSING FEE, ASSOCIATION FEES AND TAXES.
285 15.1. Closing Costs. Buyer and Seller shall pay, in Good Funds, their respective closing costs and all other items required
286 to be paid at Closing, except as otherwise provided herein.
287 15.2. Closing Services Fee. The fee for real estate closing services shall he paid at Closing
288 One-half by Buyer and One -Half by Seller
289 15.3. N/A Status Letter and Transfer Fees. Any fees incident to the issuance of Association's statement of assessments
290 (Status Letter) shall be paid by 9 Buyer ❑ Seller 9 One -Half by Buyer and One -Half by Seller 9 None. Any transfer
291 fees assessed by the Association including, but not limited to, any record change fee, regardless of name or title of such fee
292 (Association's Transfer Fee) shall be paid by 0 Buyer 9 Seller 9 One -Half by Buyer and One -Half by Seller 9 None.
293 15.4. N/A Local Transfer Tax. The Local Transfer Tax of % of the Purchase Price shall be paid at Closing
294 by 9 Buyer 9 Seller 0 One -Half by Buyer and One -Hall' by Seller ❑ None.
295 15.5. N/A Private Transfer Fee. Private transfer fees and other fees due to a transfer of the Property, payable at Closing,
296 such as community association fees, developer fees and foundation fees, shall be paid at Closing by 9 Buyer 9 Seller 9
297 One -Half by Buyer and One -Half by Seller 9 None.
298 15.6. N/A Sales and Use Tax. Any sales and use tax that may accrue because of this transaction shall be paid when due
299 by
300 9 Buyer ❑ Seller 9 One -Half by Buyer and One -Half by Seller 9 None,
301 16. PRORATIONS. The following shall he prorated to Closing Date (§ 3), except as otherwise provided:
302 16.1. Taxes. Personal property taxes, if any, special taxing district assessments, if any, and general real estate taxes for the
303 year of Closing, based on Taxes for the Calendar Year Immediately Preceding Closing
304
305 16.2. N/A Rents. Rents based on 9 Rents Actually Received ❑ Accrued. At Closing, Seller shall transfer or credit to
306 Buyer the security deposits for all Leases assigned, or any remainder after lawful deductions, and notify all tenants in writing of
307 such transfer and of the transferee's name and address. Seller shall assign to Buyer all Leases in effect at Closing and Buyer shall
308 assume Seller's obligations under such Leases,
309 16.3. N/A Association Assessments. Current regular Association assessments and dues (Association Assessments)
310 paid in advance shall be credited to Seller at Closing. Cash reserves held out of the regular Association Assessments for deferred
311 maintenance by the Association shall not be credited to Seller except as may be otherwise provided by the Governing Documents.
312 Buyer acknowledges that Buyer may be obligated to pay the Association, at Closing, an amount for reserves or working capital.
313 Any special assessment assessed prior to Closing Date (§ 3) by the Association shall be the obligation of 9 Buyer 9 Seller.
314 Except however, any special assessment by the Association for improvements that have been installed as of the date of Buyer's
315 signature hereon, whether assessed prior to or after Closing, shall be the obligation of Seller. Seller represents that the Association
316 Assessments are currently payable at $ per and that there are no unpaid regular or
317 special assessments against the Property except the current regular assessments and
318 Such assessments are subject to change as provided in the Governing Documents. Seller agrees to promptly request the
319 Association to deliver to Buyer before Closing Date (§ 3) a current Status Letter.
320 16,4. N/A Other Prorations. Water and sewer charges, interest on continuing loan, and
321 16.5. Final Settlement. Unless otherwise agreed in writing, these prorations shall be final.
322 17. POSSESSION. Possession of the Property shall he delivered to Buyer on Possession Date (§ 3) al Possession Time (§ 3),
323 subject to the following Leases or tenancies: Farm lease which will end as of Lease Date for the North one-half of the Property.
324
325
No. CBS4-la-11. CONTRACT TO BUY AND SELL REAL ESTATE (LAND) 1'age 7 of 11
326 If Seller, alter Closing, fails to deliver possession as specified, Seller shall be subject to eviction and shall be additionally
327 liable to Buyer for payment of $ 200.00 per day (or any part of a day notwithstanding § 18.1) from Possession Date (§ 3) and
328 Possession Time (§ 3) until possession is delivered.
329
GENERAL PROVISIONS
330 18. DAY; COMPUTATION OF PERIOD OF DAYS, DEADLINE.
331 18.1, Day. As used in this Contract, the term "day" shall mean the entire day ending at 11:59 p.ot., United States
332 Mountain Time (Standard or Daylight Savings as applicable).
333 18.2. Computation of Period of Days, Deadline. In computing a period of days, when the ending date is not specified,
334 the first day is excluded and the last day is included, e.g., three days after MEC. If any deadline falls on a Saturday, Sunday or
335 federal or Colorado state holiday (Holiday), such deadline Shall be extended to the next day that is not a Saturday, Sunday or
336 holiday.
337 19. CAUSES OF LOSS, INSURANCE; CONDI'T'ION OF, DAMAGE TO PROPERTY AND INCLUSIONS AND
338 WALK-THROUGH. Except, as otherwise provided in this Contract, the Property, Inclusions or both shall be delivered in the
339 condition existing as of the date of this Contract, ordinary wear and tear excepted.
340 19.1. Causes of Loss, Insurance. In the event the Property or Inclusions are damaged by fire, other perils or causes of
341 loss prior to Closing in an amount of not more than ten percent of the total Purchase Price (Property Damage), Seller shall be
342 obligated to repair the same before Closing Date (§ 3). In the event such damage is not repaired within said time or if the damage
343 exceeds such sum, this Contract may he terminated at the option of Buyer. Buyer shall have the Right to Terminate tinder § 25.1,
344 on or before Closing Date (§ 3), based on any Property Damage not repaired before Closing Date (§ 3). Should Buyer elect to
345 carry out this Contract despite such Property Damage, Buyer shall be entitled to a credit at Closing for all insurance proceeds that
346 were received by Seller (hut not the Association, if any) resulting from such damage to the Property and Inclusions, plus the
347 amount of any deductible provided for in such insurance policy. Such credit shall not exceed the Purchase Price. In the event Seller
348 has not received such insurance proceeds prior to Closing, the parties may agree to extend the Closing Date (§ 3) or, at the option
349 of Buyer, Seller shall assign such proceeds at Closing, plus credit Buyer the amount of any deductible provided for in such
351) insurance policy, but not to exceed the total Purchase Price.
351 19.2. N/A Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication
352 services), systems and components of the Properly, e.g., heating or plumbing, fail or be damaged between the date of this Contract
353 and Closing or possession, whichever shall be earlier, then Seller shall be liable for the repair or replacement of such Inclusion,
354 service, system, component or fixture of the Property with a unit of similar size, age and quality, or an equivalent credit, but only
355 to the extent that the maintenance or replacement of such Inclusion, service, system, component or fixture is not the responsibility
356 of the Association, if any, less any insurance proceeds received by Buyer covering such repair or replacement. Seller and Buyer
357 are aware of the existence of pre -owned home warranty programs that may be purchased and may cover the repair or replacement
358 of such Inclusions.
359 19.3. Condemnation. In the event Seller receives actual notice prior to Closing that a pending condemnation action may
360 result in a taking of all or part of the Property or Inclusions, Seller shall promptly notify Buyer, in writing, of such condemnation
361 action. Buyer shall have the Right to Terminate under § 25.1, on or before Closing Date (§ 3), based on such condemnation action,
362 in Buyer's sole subjective discretion. Should Buyer elect to consummate this Contract despite such diminution of value to the
363 Property and Inclusions, Buyer shall be entitled to a credit at Closing for all condemnation proceeds awarded to Seller for the
364 diminution in the value of the Property or Inclusions but such credit shall not include relocation benefits or expenses, or exceed the
365 Purchase Price.
366 19.4. Walk -Through and Verification of Condition. Buyer, upon reasonable notice, shall have the right to walk through
367 the Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this Contract.
368 19.5. Risk of Loss —Growing Crops. The risk of loss for damage to growing crops by fire or other casualty shall be
369 borne by the party entitled to the growing crops as provided in § 2.5.5 and such party shall be entitled to such insurance proceeds
370 or benefits for the growing crops.
371 20, RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document, Buyer and Seller acknowledge
372 that the respective broker has advised that this document has important legal consequences and has recommended the examination
373 of title and consultation with legal and tax or other counsel before signing this Contract.
374 21. TIME OF ESSENCE, DEFAULT AND REMEDIES, Time is of the essence hereof. If any note or check received as
375 Earnest Money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any obligation
376 hereunder is not performed or waived as herein provided, there shall he the following remedies:
377 21.1. If Buyer is in Default;
No. CRS4.10-II. CONTRACT TO BUY AND SELL REAL ESTATE (LAND) Page 8 of 11
378 21.1.1. Specific Performance. Seller may elect to treat this Contract as canceled, in which case all Earnest Money
379 (whether or not paid by Buyer) shall be paid to Seller and retained by Seller; and Seller may recover such damages as may be
380 proper; or Seller may elect to treat this Contract as being in full force and effect and Seller shall have the right to specific
381 performance or damages, or both.
382
383 21,2. If Seller is in Default: Buyer may elect to treat this Contract as canceled, in which case all Earnest Money received
384 hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect to treat this Contract as
385 being in full force and effect and Buyer shall have the right to specific performance or damages, or both.
386 22. LEGAL FEES, COST AND EXPENSES. Anything to the contrary herein notwithstanding, in the event of any arbitration
387 or litigation relating to this Contract, prior to or after Closing Date (§ 3), the arbitrator or court shall award to the prevailing party
388 all reasonable costs and expenses, including attorney fees, legal fees and expenses.
389 23. MEDIATION. If a dispute arises relating to this Contract, prior to or after Closing, and is not resolved, the parties shall first
390 proceed in good faith to submit the matter to mediation. Mediation is a process in which the parties meet with an impartial person
391 who helps to resolve the dispute informally and confidentially, Mediators cannot impose binding decisions. The parties to the
392 dispute must agree, in writing, before any settlement is binding. The parties will jointly appoint an acceptable mediator and will
393 share equally in the cost of such mediation. The mediation, unless otherwise agreed, shall terminate in the event the entire dispute
394 is not resolved within thirty days of the date written notice requesting mediation is delivered by one party to the other at the party's
395 last known address. This section shall not alter any date in this Contract, unless otherwise agreed.
396 24. EARNEST MONEY DISPUTE. The $5,000.00 Earnest Money shall be retained by Seller in all events.
397 25. TERMINATION.
398 25.1. Right to Terminate. If a party has a right to terminate, as provided in tins Contract (Right to Terminate), the
399 termination shall be effective upon the other party's receipt of a written notice to terminate (Notice to Terminate), provided such
400 written notice was received on or before the applicable deadline specified in this Contract. If the Notice to Terminate is not
401 received on or before the specified deadline, the party with the Right to Terminate shall have accepted the specified matter,
402 document or condition as satisfactory and waived the Right to Terminate under such provision.
403 25.2. Effect of Termination. In the event this Contract is terminated, all Earnest Money received hereunder shall be
404 retained by Seller.
405 26. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL. This Contract, its exhibits and specified addenda, constitute
406 the entire agreement between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or
407 written, have been merged and integrated into this Contract. No subsequent modification of any of the terms of this Contract shall
408 be valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. Any obligation in this Contract
409 that, by its terms, is intended to be performed after termination or Closing shall survive the same.
410 27. NOTICE, DELIVERY, AND CHOICE OF LAW.
411 27.1. Physical Delivery. All notices must be in writing, except as provided in § 27.2. Any document, including a signed
412 document or notice, from or on behalf of Seller, and delivered to Buyer shall be effective when physically received by Buyer, any
413 signatory on behalf of Buyer, any named individual of Buyer, any representative of Buyer, or Brokerage Firm of Broker working
414 with Buyer (except for delivery, after Closing, of the notice requesting mediation described in § 23) and except as provided in
415 § 27.2. Any document, including a signed document or notice, from or on behalf of Buyer, and delivered to Seller shall be
416 effective when physically received by Seller, any signatory on behalf of Seller, any named individual of Seller, any representative
417 of Seller, or Brokerage Firm of Broker working with Seller (except for delivery, after Closing, of the notice requesting mediation
418 described in § 23) and except as provided in § 27.2.
419 27.2. Electronic Delivery. As an alternative to physical delivery, any document, including any signed document or
420 written notice, may be delivered in electronic form only by the following indicated methods: Facsimile and Email
421 Documents with original signatures shall be provided upon request of any party.
422 27.3. Choke of Law. This Contract and all disputes arising hereunder shall he governed by and construed in accordance
423 with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado for property
424 located in Colorado.
No. Cn54.ItL IL CONTRACT TO BUY AND SELL REAL ESTATE (LAND) I'age9 of 11
425 28. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal shall expire unless accepted in writing, by Buyer and
426 Seller, as evidenced by their signatures below, and the offering party receives notice of such acceptance pursuant to § 27 on or
427 before Acceptance Deadline Date (§ 3) and Acceptance Deadline Time (§ 3). If accepted, this document shall become a contract
428 between Seller and Buyer. A copy of this document may be executed by each party, separately, and when each party has executed
429 a copy thereof such copies taken together shall be deemed to be a full and complete contract between the parties.
430 29. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith, with regard to all
431 provisions hereof
432
ADDITIONAL PROVISIONS AND ATTACHMENTS
433 30. ADDITIONAL PROVISIONS: A) If either party engages the services of a real estate broker, all of the fees and expenses
434 thereof shall he paid by the party engaging such services and not the other party, unless the parties otherwise agree in writing.
435 I B) After Closing and following notice of Seller of at least 30 days, Buyer will
436 demolish the two old, dilapidated structures cunently existing in the South One -Half of the Property, at it's expense and
437 responsibility.
438 C) At such time as the Buyer ceases use of the Property and decides to sell it or
439 transfer title to the Property to an unrelated third party, Seller shall have a right of first refusal to repurchase the Property for it's
440 then Fair Market Value, payable in cash at closing.
441 D) All operations on the Property within 300 feet of the West line of the Property
442 shall be either (a) approved in writing by Seller or (b) generate no dust, light or sound visible or discernible on the West One -Half
443 of the said Southeast Quarter.
444
445
446
447
448
449 31. ATTACHMENTS. The following are a part of this Contract:
450
451
452
453 Note: The following disclosure forms are attached but are not a part of this Contract:
454
455
456
457
458
SIGNATURES
Buyer's Name: ANADARICO E&P ONSHORE LLC
by
John Ford, General Manager
Buyer's Signature
Address:
Phone No.:
Fax No.:
Electronic Address:
Date
Buyer's Name: _
Buyer's Signature
/Address:
Phone No.:
Fax No.:
Electronic Address:
Date
459 [NOTE: If this offer is being countered or rejected, do not sign this document. Refer to § 32)
No. CBS4' l0-ll. CONTRACT TO BUY AND SELL REAL ESTATE (LAND) Page 10 of 11
Seller's Name: Anna Lee Zimbelman Seller's Name:
460
461
462
l - -Jev.3
Seller's Signaturg' v / Date
K
Address:
Phone No.:
Fax No.:
Electronic Address:
Seller's Signature
Address:
Phone No.:
Fax No.:
Electronic Address:
Date
END OF' CONTRAC'1" 1'O BUY AN!) SELL REAL ESTATE
No. CBS4-10-11. CONTRACT TO BUY AND SELL REAI. ESTATE (LAND) Page Hof 11
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