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The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission.
(MI -5-09) (Mandatory 7-09)
THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND TILE PARTIES SHOULD CONSULT LEGAL ANI) TAX OR
OTHER COUNSEL BEFORE SIGNING.
CONTRACT TO BUY AND SELL REAL ESTATE
Date: November 26. 2012
1.
set
2.
■
The
of
known
AGREEMENT. Buyer
forth in this contract (Contract).
DEFINED TERMS.
2.1. Buyer. Buyer,
Tenants In Common
2.2. Property. The
North Half of the Northwest
approximately 80.0 acres
as No. n/a
Noble
/i4
and
agrees to buy, and Seller agrees to sell, the Property defined below on the
Energy, Inc., will take title to the real property described below as
Other n/a.
Property is the following legally described real estate in the County of Weld,
Quarter (A'/2N1174) Section 21, Township 9 North, Range 61 (Pest of the
further described as Lot A on Exhibit A, attached hereto and made a part
terms
•
and conditions
Joint Tenants
Colorado:
6"' P.M. consisting
hereof
Street Address City State Zip
together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto, and all
interest of Seller in vacated streets and alleys adjacent thereto, except as herein excluded.
2.3. Dates and Deadlines.
Item
No.
Reference
Event
Date or Deadline
1
§ 4.2.1
Alternative Earnest Money Deadline
n/a
2
§ 5.1
Loan Application Deadline
n/a
3
§ 5.2
Loan Conditions Deadline
n/a
4
§ 5.3
Buyer's Credit Information Deadline
n/a
5
§ 5.3
Disapproval of Buyer's Credit Information Deadline
n/a
6
§ 5.4
Existing Loan Documents Deadline
nta
7
§ 5.4
Existing Loan Documents Objection Deadline
n/a
8
§ 5.4
Loan Transfer Approval Deadline
n/a
9
§ 6.2.2
Appraisal Deadline
n/a
10
§ 6.2.2
Appraisal Objection Deadline
n/a
11
§ 7.1
Title Deadline
December 5. 2012
12
§ 7.2
Document Request Deadline
December 5, 2012
13
§ 7.3
Survey Deadline
n/a
14
§ 7.4.4.1
CIC Documents Deadline
n/a
15
§ 7.4.5
CIC Documents Objection Deadline
n/a
16
§ 8.1
Title Objection Deadline
December 19. 2012
17
§ 8.2
Off -Record Matters Deadline
December 5, 2012
18
§ 8.2
Off -Record Matters Objection Deadline
December 19, 2012
19
§ 8.3.2
Survey Objection Deadline
December 19, 2012
20
§ 8.6
Right of First Refusal Deadline
11/a
21
§ 10.1
Seller's Property Disclosure Deadline
n/a
22
§ 10.2
Inspection Objection Deadline
See Addendum
23
§ 10.3
Inspection Resolution Deadline
See Addendum
24
§ 10.5
Property Insurance Objection Deadline
n/a
25
§ 12
Closing Date
See Addendum
No. wCBSI-5-09. CONTRACT TO BUY AND SELL REAL ESTATE (Page I or 14) Initials e.. M
Bradford Publishing Co., 1743 Wane Si.. Denver, CO 80202 - 303-292-2590 - www.bradtbrdpublishing.com
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34 3. INCLUSIONS AND EXCLUSIONS.
35 3.1. Inclusions. The Purchase Price includes the following items (Inclusions):
36 3.1.1. Fixtures. If attached to the Property on the date of this Contract, lighting, heating, plumbing,
37 ventilating, and air conditioning fixtures, TV antennas, inside telephone, network and coaxial (cable) wiring and connecting
38 blocks/jacks, plants, mirrors, floor coverings, intercom systems, built-in kitchen appliances, sprinkler systems and controls,
39 built-in vacuum systems (including accessories), garage door openers including n/a remote controls; and O ri'fr.
40 3.1.2. Personal Property. The following are included if on the Property whether attached or not on the
41 date of this Contract: storm windows, storm doors, window and porch shades, awnings, blinds, screens, window coverings,
42 curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves, storage sheds, and all keys. If
43 checked, the following are included: O Water Softeners O Smoke/Fire Detectors O Security Systems O Satellite
44 Systems (including satellite dishes).
45 3.1.3. Other Inclusions.
46 none
47 The Personal Property to be conveyed at Closing shall be conveyed by Seller free and clear of all taxes (except
48 personal property taxes for the year of Closing), liens and encumbrances, except n/a . Conveyance shall be by bill of
49 sale or other applicable legal instrument.
50 3.1.4. Trade Fixtures. With respect to trade fixtures, Seller and Buyer agree as follows:
51 n/a
52 The Trade Fixtures to be conveyed at Closing shall be conveyed by Seller free and clear of all taxes (except
53 personal property taxes for the year of Closing), liens and encumbrances, except n/a. Conveyance shall be by bill of sale or
54 other applicable legal instrument.
55 3.1.5. Parking and Storage Facilities. O Use Only O Ownership of the following parking facilities:
56 n.'a; and O Use Only O Ownership of the following storage facilities: n/a.
57 3.1.6. Water Rights, Water Interests, Water and Sewer Taps. The following legally described water
58 rights: none
59 Any water rights shall be conveyed by O n/a Deed ❑ Other applicable legal instrument.
60 3.1.6.1. If any water well is to be transferred to Buyer, Seller agrees to supply required information
61 about such well to Buyer. Buyer understands that if the well to be transferred is a Small Capacity Well or a Domestic Exempt
62 Water Well used for ordinary household purposes, Buyer shall, prior to or at Closing, complete a Change in Ownership form
63 for the well. If an existing well has not been registered with the Colorado Division of Water Resources in the Department of
64 Natural Resources (Division), Buyer shall complete a registration of existing well fonn for the well and pay the cost of
65 registration. If no person will be providing a closing service in connection with the transaction, Buyer shall file the form with
66 the Division within sixty clays after Closing. The Well Permit # is n/a.
67 3.1.6.2. O Water Stock Certificates:
68
69 3.1.6.3. O Water Tap O Sewer Tap
70
26
* 17
Possession Date
See Addendum
27
§ 17
Possession Time
At Closing
28
* 32
Acceptance Deadline Date
November 30, 2012
29
a 32
Acceptance Deadline Time
5:00 p.m.
30
§ 26
USR Deadline
See Addendum
2.4. Applicability of Terms. A check or similar mark in a box means that such provision is applicable. The
abbreviation "N/A" or the word "Deleted" means not applicable and when inserted on any line in Dates and Deadlines
(§ 2.3), means that the corresponding provision of the Contract to which reference is made is deleted. The abbreviation
"MEC" (mutual execution of this Contract) means the date upon which both parties have signed this Contract.
2.5. Day; Computation of Period of Days, Deadline.
2.5.1. Day. As used in this Contract, the term "day" shall mean the entire day ending at 11:59 p.m., United
States Mountain Time (Standard or Daylight Savings as applicable).
2.5.2. Computation of Period of Days, Deadline. In computing a period of days, when the ending date is
not specified, 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 federal or Colorado state holiday (Holiday), such deadline ® Shall O Shall Not be extended to the
next day that is not a Saturday, Sunday or Holiday. Should neither box be checked, the deadline shall not be extended.
No. wCRS1-5-09. CONTRACT TO RUN' AND ST.1.1. REAI. ESTATE (Page 2 of 14) Initials: . /T
71 Note: Buyer is advised to obtain, from the provider, written confirmation of the amount remaining to be paid, if any,
72 time and other restrictions for transfer and use of the tap.
73 3.1.7. Growing Crops. With respect to growing crops, Seller and Buyer agree as follows:
74 Buyer shall not use the Property to grow crops.
75 3.2. Exclusions. The following items are excluded: All right, true and interest in the mineral estate owned by Seller
76 under the Property.
77
78 4. PURCHASE PRICE AND TERMS.
79
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 I Amount
I
§ 4.1
Purchase Price
$
2
§ 4.2
Earnest Money
3
§ 4.5
New Loan
4
§ 4.6
Assumption Balance
5
§ 4.7
Seller or Private Financing
6
n/a
tea
7
n/a
n1a
8
§ 4.3
Cash at Closing
9
TOTAL
S
80
S+ 4i Earnest Money. The Earnest Money act forth in this section, in the form of cheek, is part payment of the
Q. Purchase Priee and shall be payable to and held by Shcl,;r (Earnest Money I lolder), in its trust account, on behalf of both
F.3 Selle, and Btrye,. The- Earnest Money deposit shell bt. tcndcied with this Contract unless the partks mutually agree to an
4 Alternative Earnest Money Deadline a 2.3) for its payment. If Earnest Money I holder is other than the Brokerage firm
% identified in ^, I or :,5 below, Closing Instructions signed by Buyer, Seller and Earnest Money I loldcr must be obtained on
lib or before delivery of Earnest Money to Earnest Money I loldcr. The parties authori2e delivery of the Earnest Money deposit
87 to the company conducting the Closing (Closing Company), if any, at or before Closing. In the event Earnest Nioncy
&8 has agreed to have interest on Earnest Money -deposit.; tranuf,red to a fund established for the purpose of providin,
89 affordable housing to Colorado residents, Seller and Buyer acknowledge and agree that any interest nceruing on the Earnest
198 Money deposited with the Earnest Money I {older in this transaction shall be transFerrcd to such fund.
9+ 4 . . Alternative Earnest Money Deadline. The deadline for delivering the Earnest Money, if othci than
94 at the time of tender of the Contract is as set forth as the Alternative Earnest honey Deadline a 2.:,).
93 4.3. Form of Funds; Time of Payment; Funds Available. All amounts payable by the parties at Closing,
94 including any loan proceeds, Cash at Closing and closing costs, shall be in funds that comply with all applicable Colorado
95 laws, including electronic transfer funds, certified check, savings and loan teller's check and cashier's check (Good Funds).
96 All funds required to be paid at Closing shall be timely paid to allow disbursement by Closing Company at Closing OR
97 SUCH PARTY SHALL BE IN DEFAULT. Buyer represents that Buyer, as of the date of this Contract, ® Does ❑ Does
98 Not have funds that are immediately verifiable and available in an amount not less than the amount stated as Cash at Closing
99 in § 4.1.
100 4.4. Seller Concession. Seller, at Closing, shall pay or credit, as directed by Buyer, a total amount of Shia to
101 assist with Buyer's closing costs, loan discount points, loan origination fees, prepaid items (including any amounts that Seller
102 agrees to pay because Buyer is not allowed to pay due to FHA, CHFA, VA, etc.), and any other fee, cost, charge, expense or
103 expenditure related to Buyer's New Loan or other allowable Seller concession (collectively, Seller Concession). The Seller
104 Concession is in addition to any sum Seller has agreed to pay or credit Buyer elsewhere in this Contract. If the amount of
105 Seller Concession exceeds the aggregate of what is allowed, Seller shall not pay or be charged such excess amount.
106 4.5. New Loan.
107 4,5.1. Buyer to Pay Loan Costs. Buyer, except as provided in § 4.4, if applicable, shall timely pay Buyer's
108 loan costs, loan discount points, prepaid items and loan origination fees, as required by lender.
109 4.5.2. Buyer May Select Financing. Buyer may select financing appropriate and acceptable to Buyer,
110 including a different loan than initially sought, except as restricted in § 4.5.3 or § 26, Additional Provisions.
I I I 4.5.3. Loan Limitations. Buyer may purchase the Property using any of the following types of loan:
112 ❑ Conventional ❑ FHA ❑ VA O Bond ❑ Other na.
113 4.5.4. Good Faith Estimate —Monthly Payment and Loan Costs. Buyer is advised to review the terms,
114 conditions and costs of Buyer's New Loan carefully. If Buyer is applying for a residential loan, the lender generally must
115 provide Buyer with a good faith estimate of Buyer's closing costs within three days after Buyer completes a loan application.
No. wCltSI-5.09. CONTRACT TO BUY AND SELL REAL ESTATE (Page 3 of 14) Initials: C. U.
116 Buyer should also obtain an estimate of the amount of Buyer's monthly mortgage payment. If the New Loan is unsatisfactory
117 to Buyer, then Buyer may terminate this Contract pursuant to § 5.2 no later than Loan Conditions Deadline (§ 2.3).
118 4.6. Assumption. Buyer agrees to assume and pay an existing loan in the approximate amount of the Assumption
119 Balance set forth in § 4.1, presently payable at Sn'a per n'a including principal and interest presently at the rate of urea %
120 per annum, and also including escrow for the following as indicated: ❑ Real Estate Taxes O Property Insurance
121 Premium O Mortgage Insurance Premium and O n'a.
122 Buyer agrees to pay a loan transfer fee not to exceed $rr/a . At the time of assumption, the new interest rate shall not
123 exceed n'a % per annum and the new payment shall not exceed Sn'a per n/a principal and interest, plus escrow, if any. If
124 the actual principal balance of the existing loan at Closing is less than the Assumption Balance, which causes the amount of
125 cash required from Buyer at Closing to be increased by more than Sn'a , then ❑ Buyer May Terminate this Contract
126 effective upon receipt by Seller of Buyer's written notice of termination or O n'a .
127 Seller O Shall ❑ Shall Not be released from liability on said loan. If applicable, compliance with the requirements
128 for release from liability shall be evidenced by delivery ❑ on or before Loan Transfer Approval Deadline O at Closing of
129 an appropriate letter of commitment from lender. Any cost payable for release of liability shall be paid by n/a in an amount
130 not to exceed Sn'a .
131 4.7. Seller or Private Financing. Buyer agrees to execute a promissory note payable to n'a , as O Joint Tenants
132 O Tenants In Common O Other n'a , on the note form as indicated:
133 O (Default Rate) NTD81-10-06 ❑ Other n'a secured by a n'a (1st, 2nd, etc.) deed of trust encumbering the Property,
134 using the form as indicated:
135 O Due on Transfer — Strict (TD72-9-08) ❑ Due on Transfer — Creditworthy (TD73-9-08) ❑ Assumable — Not
136 Due on Transfer (TD74-9-08) O Other n'a .
137 The promissory note shall be amortized on the basis of n'a ❑ Years O Months, payable at Sn'a per n'a including
138 principal and interest at the rate of n'a % per annum. Payments shall commence nea and shall be due on the n'a day of
139 each succeeding na . If not sooner paid, the balance of principal and accrued interest shall be due and payable tea after
140 Closing. Payments ❑ Shall ❑ Shall Not be increased by n'a of estimated annual real estate taxes, and O Shall O Shall
141 Not be increased by n it of estimated annual property insurance premium. The loan shall also contain the following terms:
142 (1) if any payment is not received within rrla days after its due date, a late charge of n'a %of such payment shall be due; (2)
143 interest on lender disbursements under the deed of trust shall be n'a % per annum; (3) default interest rate shall be n'a % per
144 annum; (4) Buyer may prepay without a penalty except n'a ; and (5) Buyer O Shall O Shall Not execute and deliver, at
145 Closing, a Security Agreement and UCC-I Financing Statement granting the holder of the promissory note a n/a (1st, 2nd,
146 etc.) lien on the personal property included in this sale.
147 Buyer O Shall O Shall Not provide a mortgagee's title insurance policy, at Buyer's expense.
148
149 5. FINANCING CONDITIONS AND OBLIGATIONS.
150 5.1. Loan Application. If Buyer is to pay all or part of the Purchase Price by obtaining one or more new loans
151 (New Loan), or if an existing loan is not to be released at Closing, Buyer, if required by such lender, shall make a verifiable
152 application by Loan Application Deadline (§ 2.3).
153 5.2. Loan Conditions. If Buyer is to pay all or part of the Purchase Price with a New Loan, this Contract is
154 conditional upon Buyer determining, in Buyer's subjective discretion, whether the New Loan is satisfactory to Buyer,
155 including its availability, payments, interest rate, terms, conditions, and cost of such New Loan. This condition is for the
156 benefit of Buyer. If such New Loan is not satisfactory to Buyer, Seller must receive written notice to terminate from Buyer,
157 no later than Loan Conditions Deadline (§ 2.3), at which time this Contract shall terminate. IF SELLER DOES NOT
158 TIMELY RECEIVE WRITTEN NOTICE TO TERMINATE, THIS CONDITION SHALL BE DEEMED WAIVED,
159 AND BUYER'S EARNEST MONEY SHALL BE NONREFUNDABLE, EXCEPT AS OTHERWISE PROVIDED IN
160 THIS CONTRACT (e.g., Appraisal, Title, Survey).
161 5.3. Credit Information and Buyer's New Senior Loan. If Buyer is to pay all or part of the Purchase Price by
162 executing a promissory note in favor of Seller, or if an existing loan is not to be released at Closing, this Contract is
163 conditional (for the benefit of Seller) upon Seller's approval of Buyer's financial ability and creditworthiness, which approval
164 shall be at Seller's subjective discretion. In such case: (1) Buyer shall supply to Seller by Buyer's Credit Information
165 Deadline (§ 2.3), at Buyer's expense, information and documents (including a current credit report) concerning Buyer's
166 financial, employment and credit condition and Buyer's New Senior Loan, defined below, if any; (2) Buyer consents that
167 Seller may verify Buyer's financial ability and creditworthiness; (3) any such information and documents received by Seller
168 shall be held by Seller in confidence, and not released to others except to protect Seller's interest in this transaction; (4) in the
169 event Buyer is to execute a promissory note secured by a deed of trust in favor of Seller, this Contract is conditional (for the
170 benefit of Seller) upon Seller's approval of the terms and conditions of any New Loan to be obtained by Buyer if the deed of
171 trust to Seller is to be subordinate to Buyer's New Loan (Buyer's New Senior Loan). Additionally, Seller shall have the right
172 to terminate, at or before Closing, if the Cash at Closing is less than as set forth in § 4.1 of this Contract or Buyer's New
No. wCBS1-5-09. CONTRACT TO BUY AND SELL REAL ESTATE (Page 4 of 14) Initials e. la.
173 Senior Loan changes from that approved by Seller; and (5) if Seller does not deliver written notice to Buyer of Seller's
174 disapproval of Buyer's financial ability and creditworthiness or of Buyer's New Senior Loan by Disapproval of Buyer's
175 Credit Information Deadline (§ 2.3), then Seller waives the conditions set forth in this section as to Buyer's New Senior
176 Loan as supplied to Seller. If Seller delivers written notice of disapproval to Buyer on or before said date, this Contract shall
177 terminate.
178 5.4. Existing Loan Review. If an existing loan is not to be released at Closing, Seller shall deliver copies of the
179 loan documents (including note, deed of trust, and any modifications) to Buyer by Existing Loan Documents Deadline
180 (§ 2.3). For the benefit of Buyer, this Contract is conditional upon Buyer's review and approval of the provisions of such loan
181 documents. If written notice of objection to such loan documents, signed by Buyer, is not received by Seller by Existing
182 Loan Documents Objection Deadline (§ 2.3), Buyer accepts the terms and conditions of the documents. If the lender's
183 approval of a transfer of the Property is required, this Contract is conditional upon Buyer's obtaining such approval without
184 change in the terms of such loan, except as set forth in § 4.6. If lender's approval is not obtained by Loan Transfer Approval
185 Deadline (§ 2.3), this Contract shall terminate on such deadline. If Seller is to be released from liability under such existing
186 loan and Buyer does not obtain such compliance as set forth in § 4.6, this Contract may be terminated at Seller's option.
187
188 6. APPRAISAL, PROVISIONS.
189 6.1. Property Approval. If the lender imposes any requirements or repairs (Requirements) to be made to the
190 Property (e.g., roof repair, repainting), beyond those matters already agreed to by Seller in this Contract, Seller may terminate
191 this Contract (notwithstanding § 10 of this Contract) by written notice to Buyer on or before three days following Seller's
192 receipt of the Requirements. Seller's right to terminate in this § 6.1 shall not apply if on or before any termination by Seller
193 pursuant to this § 6.1: (I) the parties enter into a written agreement regarding the Requirements; or (2) the Requirements are
194 completed by Seller; or (3) the satisfaction of the Requirements is waived in writing by Buyer.
195 6.2. Appraisal Condition.
196 ® 6.2.1. Not Applicable. This § 6.2 shall not apply.
197 O 6.2.2. Conventional/Other. Buyer shall have the sole option and election to terminate this Contract if the
198 Purchase Price exceeds the Property's valuation determined by an appraiser engaged by rasa . The appraisal shall be received
199 by Buyer or Buyer's lender on or before Appraisal Deadline (§ 2.3). This Contract shall terminate by Buyer delivering to
200 Seller written notice of termination and either a copy of such appraisal or written notice front lender that confirms the
201 Property's valuation is less than the Purchase Price, received by Seller on or before Appraisal Objection Deadline (§ 2.3). If
202 Seller does not receive such written notice of termination on or before Appraisal Objection Deadline (§ 2.3), Buyer waives
203 ayright to terminate under this section.
204 6.2.3. Fl IA. It is expressly agreed that, notwithstanding any other provisions of this Contract, the Purchaser
205 (Buyer) shall not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfeiture
206 of Earnest Money deposits or otherwise unless the Purchaser (Buyer) has been given in accordance with HUD/FHA or VA
207 requirements a written statement issued by the Federal Housing Commissioner, Department of Veterans Affairs, or a Direct
208 Endorsement lender, setting forth the appraised value of the Property of not less than Sala . The Purchaser (Buyer) shall have
209 the privilege and option of proceeding with the consummation of the Contract without regard to the amount of the appraised
210 valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban
211 Development will insure. HUD does not warrant the value nor the condition of the Property. The Purchaser (Buyer) should
212 satisfy himself/herself that the price and condition of the Property are acceptable.
213 O 6.2.4. VA. It is expressly agreed that, notwithstanding any other provisions of this Contract, the purchaser
214 (Buyer) shall not incur any penalty by forfeiture of Earnest Money or otherwise or be obligated to complete the purchase of
215 the Property described herein, if the Contract Purchase Price or cost exceeds the reasonable value of the Property established
216 by the Department of Veterans Affairs. The purchaser (Buyer) shall, however, have the privilege and option of proceeding
217 with the consummation of this Contract without regard to the amount of the reasonable value established by the Department
218 of Veterans Affairs.
219 6.3. Cost of Appraisal. Cost of any appraisal to be obtained after the date of this Contract shall be timely paid by
220 ® Buyer O Seller.
221
222 7. EVIDENCE OF TITLE, SURVEY AND CIC DOCUMENTS.
223 7.1. Evidence of Title. On or before Title Deadline (§ 2.3), Seller shall cause to be furnished to Buyer, at Seller's
224 expense, a current commitment for owner's title insurance policy (Title Commitment) in an amount equal to the Purchase
225 Price, or if this box is checked, ❑ An Abstract of title certified to a current date. If title insurance is furnished, Seller shall also
226 deliver to Buyer copies of any abstracts of title covering all or any portion of the Property (Abstract) in Seller's possession. At
227 Seller's expense, Seller shall cause the title insurance policy to be issued and delivered to Buyer as soon as practicable at or after
228 Closing. The title insurance commitment ® Shall ❑ Shall Not commit to delete or insure over the standard exceptions
229 which relate to: ( I ) parties in possession, (2) unrecorded easements, (3) survey matters, (4) any unrecorded mechanics' liens,
No. wCI3S1-5-09. CONTRACT TO BUY AND SELL. REAL. ESTATE (Page 5 of 14) Initials: C. 11.
230 (5) gap period (effective date of commitment to date deed is recorded), and (6) unpaid taxes, assessments and unredeemed tax
231 sales prior to the year of Closing. Any additional premium expense to obtain this additional coverage shall be paid by
232 ® Buyer O Seller.
233 Note: The title insurance company may not agree to delete or insure over any or all of the standard exceptions. Buyer shall
234 have the right to review the Title Commitment. If the Title Commitment or its provisions are not satisfactory to Buyer, Buyer
235 may exercise Buyer's rights pursuant to § 8.1.
236 7.2. Copies of Exceptions. On or before Title Deadline (§ 2.3), Seller, at Seller's expense, shall furnish to Buyer
237 and ►'a , (1) copies of any plats, declarations, covenants, conditions and restrictions burdening the Property, and (2) if a Title
238 Commitment is required to be furnished, and if this box is checked ® Copies of any Other Documents (or, if illegible,
239 summaries of such documents) listed in the schedule of exceptions (Exceptions). Even if the box is not checked, Seller shall
240 have the obligation to furnish these documents pursuant to this section if requested by Buyer any time on or before
241 Document Request Deadline (§ 2.3). This requirement shall pertain only to documents as shown of record in the office of
242 the clerk and recorder in the county where the Property is located. The abstract or Title Commitment, together with any
243 copies or summaries of such documents furnished pursuant to this section, constitute the title documents (Title Documents).
244 7.3. Survey. On or before Survey Deadline (§ 2.3), ❑ Seller ® Buyer shall order or provide, and cause Buyer
245 (and the issuer of the Title Commitment or the provider of the opinion of title if an abstract) to receive, a current
246 O Improvement Survey Plat O Improvement Location Certificate O n a (the description checked is known as
247 Survey). An amount not to exceed $ n'a for Survey shall be paid by O Buyer ❑ Seller. If the cost exceeds this amount,
248 O Buyer O Seller shall pay the excess on or before Closing. Buyer shall not be obligated to pay the excess unless Buyer is
249 informed of the cost and delivers to Seller, before Survey is ordered, Buyer's written agreement to pay the required amount to
250 be paid by Buyer.
251 7.4. Common Interest Community Documents. The term CIC Documents consists of all owners' associations
252 (Association) declarations, bylaws, operating agreements, rules and regulations, party wall agreements, minutes of most
253 recent annual owners' meeting and minutes of any directors' or managers' meetings during the six-month period immediately
254 preceding the date of this Contract, if any (Governing Documents), most recent financial documents consisting of (1) annual
255 balance sheet, (2) annual income and expenditures statement, and (3) annual budget (Financial Documents), if any
256 (collectively CIC Documents).
257 ® 7.4.1. Not Applicable. This § 7.4 shall not apply.
258 7.4.2. Common Interest Community Disclosure. THE PROPERTY IS LOCATED WITHIN A
259 COMMON INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR SUCH COMMUNITY. THE
260 OWNER OF THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNER'S ASSOCIATION FOR
261 THE COMMUNITY AND WILL BE SUBJECT TO TI-fE BYLAWS AND RULES AND REGULATIONS OF THE
262 ASSOCIATION. THE DECLARATION, BYLAWS, AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL
263 OBLIGATIONS UPON THE OWNER OF THE PROPERTY, INCLUDING AN OBLIGATION TO PAY ASSESSMENTS
264 OF THE ASSOCIATION. IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, THE ASSOCIATION COULD
265 PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT. THE DECLARATION,
266 BYLAWS, AND RULES AND REGULATIONS OF THE COMMUNITY MAY PROHIBIT THE OWNER FROM
267 MAKING CHANGES TO THE PROPERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE ASSOCIATION (OR
268 A COMMITTEE OF THE ASSOCIATION) AND THE APPROVAL OF THE ASSOCIATION. PURCHASERS OF
269 PROPERTY WITHIN THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE THE FINANCIAL
270 OBLIGATIONS OF MEMBERS OF THE ASSOCIATION. PURCHASERS SHOULD CAREFULLY READ THE
271 DECLARATION FOR THE COMMUNITY AND THE BYLAWS AND RULES AND REGULATIONS OF THE
272 ASSOCIATION.
273 O 7.4.3. Not Conditional on Review. Buyer acknowledges that Buyer has received a copy of the CIC
274 Documents. Buyer has reviewed them, agrees to accept the benefits, obligations and restrictions that they impose upon the
275 Property and its owners and waives any right to terminate this Contract due to such documents, notwithstanding the
276 provisions of § 8.5.
277 7.4.4. CIC Documents to Buyer.
278 ❑ 7.4.4.1. Seller to Provide CIC Documents. Seller shall cause the CIC Documents to be provided
279 to Buyer, at Seller's expense, on or before CIC Documents Deadline (§ 2.3).
280 ❑ 7.4.4.2. Seller Authorizes Association. Seller authorizes the Association to provide the CIC
281 Documents to Buyer, at Seller's expense.
282 7.4.4.3. Seller's Obligation. Seller's obligation to provide the CIC Documents shall be fulfilled
283 upon Buyer's receipt of the CIC Documents, regardless of who provides such documents.
284 7.4.5. Conditional on Buyer's Review. If the box in either § 7.4.4.1 or § 7.4.4.2 is checked, the provisions
285 of this § 7.4.5 shall apply. Written notice of any unsatisfactory provision in any of the CIC Documents, in Buyer's subjective
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286 discretion, signed by Buyer, or on behalf of Buyer, and delivered to Seller on or before CIC Documents Objection Deadline
287 (§ 2.3), shall terminate this Contract.
288 Should Buyer receive the CIC Documents after CIC Documents Deadline (§ 2.3), Buyer shall have the right,
289 at Buyer's option, to terminate this Contract by written notice delivered to Seller on or before ten days after Buyer's receipt
290 of the CIC Documents. If Buyer does not receive the CIC Documents, or if such written notice to terminate would otherwise
291 be required to be delivered after Closing Date (§ 2.3), Buyer's written notice to terminate shall be received by Seller on or
292 before three days prior to Closing Date (§ 2.3). If Seller does not receive written notice from Buyer within such time, Buyer
293 accepts the provisions of the CIC Documents, and Buyer's right to terminate this Contract pursuant to this section is waived,
294 notwithstanding the provisions of § 8.5.
295 NOTE: If no box in this § 7.4 is checked, the provisions of § 7.4.4.1 shall apply.
296
297 8. TITLE AND SURVEY REVIEW.
298 8.1. Title Review. Buyer shall have the right to inspect the Title Documents. Buyer shall provide written notice of
299 unmerchantability of title, unsatisfactory form or content of Title Commitment, or, notwithstanding § 13, of any other
300 unsatisfactory title condition shown by the Title Documents (Notice of Title Objection). Such notice shall be signed by or on
301 behalf of Buyer and delivered to Seller on or before Title Objection Deadline (§ 2.3), provided such Title Documents are
302 received by Buyer in a timely manner. If there is an endorsement to the Title Commitment that adds a new Exception to title,
303 a copy of the new Exception to title and the modified Title Commitment shall be delivered to Buyer. Provided however,
304 Buyer shall have five days to deliver the Notice of Title Objection after receipt by Buyer of the following documents: (I) any
305 required Title Document not timely received by Buyer, (2) any change to the Title Documents, or (3) endorsement to the
306 Title Commitment. If Seller does not receive Buyer's Notice of Title Objection by the applicable deadline specified above,
307 Buyer accepts the condition of title as disclosed by the Title Documents as satisfactory.
308 8.2. Matters Not Shown by the Public Records. Seller shall deliver to Buyer, on or before Off -Record Matters
309 Deadline (§ 2.3) true copies of all leases and surveys in Seller's possession pertaining to the Property and shall disclose to
310 Buyer all easements, liens (including, without limitation, governmental improvements approved, but not yet installed) or
311 other title matters (including, without limitation, rights of first refusal and options) not shown by the public records of which
312 Seller has actual knowledge. Buyer shall have the right to inspect the Property to investigate if any third party has any right in
313 the Property not shown by the public records (such as an unrecorded easement, unrecorded lease, boundary line discrepancy
314 or water rights). Written notice of any unsatisfactory condition disclosed by Seller or revealed by such inspection,
315 notwithstanding § 13, shall be signed by or on behalf of Buyer and delivered to Seller on or before Off -Record Matters
316 Objection Deadline (§ 2.3). If Seller does not receive Buyer's notice by said deadline, Buyer accepts title subject to such
317 rights, if any, of third parties of which Buyer has actual knowledge.
318 8.3. Survey Review.
319 ❑ 8.3.1. Not Applicable. This § 8.3 shall not apply.
320 ® 8.3.2. Conditional on Survey. If the box in this § 8.3.2 is checked, Buyer shall have the right to inspect the
321 Survey. If written notice by or on behalf of Buyer of any unsatisfactory condition shown by the Survey, notwithstanding
322 § 8.2 or § 13, is received by Seller on or before Survey Objection Deadline (§ 2.3) then such objection shall be deemed an
323 unsatisfactory title condition. If Seller does not receive Buyer's notice by Survey Objection Deadline (§ 2.3), Buyer accepts
324 the Survey as satisfactory.
325 8.4. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL
326 OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES
327 ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS
328 MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF
329 SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO
330 DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYERS SHOULD
331 INVESTIGATE THE SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY
332 CONTACTING THE COUNTY TREASURER, BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE
333 PROPERTY, AND BY OBTAINING FURTHER INFORMATION FROM THE BOARD OF COUNTY
334 COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR.
335 In the event the Property is located within a special taxing district and Buyer desires to terminate this Contract as a
336 result, if written notice, by or on behalf of Buyer, is received by Seller on or before Off -Record Matters Objection
337 Deadline (§ 2.3), this Contract shall terminate. If Seller does not receive Buyer's notice by such deadline, Buyer accepts the
338 effect of the Property's inclusion in such special taxing district and waives the right to terminate for that reason.
339 8.5. Right to Object, Cure. Buyer's right to object shall include, but not be limited to, those matters set forth in
340 §§ 8 and 13. If Seller receives notice of unmerchantability of title or any other unsatisfactory title condition or commitment
341 terms as provided in §§ 8.1, 8.2 and 8.3, Seller shall use reasonable efforts to correct said items and bear any nominal
342 expense to correct the same prior to Closing. If such unsatisfactory title condition is not corrected to Buyer's satisfaction on
No. wCRSl-5-09. CONTRACT TO Rl)1' AND SELL REAL ESTATE (Page 7 of 14) Initials. e.. 11.
343 or before Closing, this Contract shall terminate; provided, however, Buyer may, by written notice received by Seller on or
344 before Closing, waive objection to such items.
345 8.6. Right of First Refusal or Contract Approval. If there is a right of first refusal on the Property, or a right to
346 approve this Contract, Seller shall promptly submit this Contract according to the terms and conditions of such right. If the
347 holder of the right of first refusal exercises such right or the holder of a right to approve disapproves this Contract, this
348 Contract shall terminate. If the right of first refusal is waived explicitly or expires, or the Contract is approved, this Contract
349 shall remain in full force and effect. Seller shall promptly notify Buyer of the foregoing. If expiration or waiver of the right of
350 first refusal or Contract approval has not occurred on or before Right of First Refusal Deadline (§ 2.3), this Contract shall
351 terminate.
352 8.7. Title Advisory. The Title Documents affect the title, ownership and use of the Property and should be
353 reviewed carefully. Additionally, other matters not reflected in the Title Documents may affect the title, ownership and use of
354 the Property, including without limitation, boundary lines and encroachments, area, zoning, unrecorded easements and claims
355 of easements, leases and other unrecorded agreements, and various laws and governmental regulations concerning land use,
356 development and environmental matters. The surface estate may be owned separately from the underlying mineral
357 estate, and transfer of the surface estate does not necessarily include transfer of the mineral rights or water rights.
358 Third parties may hold interests in oil, gas, other minerals, geothermal energy or water on or under the Property,
359 which interests may give them rights to enter and use the Property. Such matters may be excluded from or not covered
360 by the title insurance policy. Buyer is advised to timely consult legal counsel with respect to all such matters as there are
361 strict time limits provided in this Contract [e.g., Title Objection Deadline (§ 2.3) and Off -Record Matters Objection
362 Deadline (§ 2.3)].
363
364 9. LEAD -BASED PAINT. Unless exempt, if the improvements on the Property include one or more residential
365 dwellings for which a building permit was issued prior to January 1, 1978, this Contract shall be void unless (1) a completed
366 Lead -Based Paint Disclosure (Sales) form is signed by Seller, the required real estate licensees and Buyer, and (2) Seller
367 receives the completed and fully executed form prior to the time when the Contract is signed by all parties. Buyer
368 acknowledges timely receipt of a completed Lead -Based Paint Disclosure (Sales) form signed by Seller and the real estate
369 I icensees.
370
371 10. PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY, BUYER DISCLOSURE AND
372 SOURCE OF WATER.
373 10.1. Seller's Property Disclosure Deadline. On or before Seller's Property Disclosure Deadline (§ 2.3), Seller
374 agrees to deliver to Buyer the most current version of the applicable Colorado Real Estate Commission's Seller's Property
375 Disclosure form completed by Seller to the best of Seller's actual knowledge, current as of the date of this Contract.
376 10.2. Inspection Objection Deadline. Buyer shall have the right to have inspections of the physical condition of
377 both the Property and Inclusions, at Buyer's expense. 11(l) the physical condition of the Property, (2) the physical condition
378 of the Inclusions, (3) any proposed or existing transportation project, road, street or highway, or (4) any other activity, odor
379 or noise (whether on or off the Property) and its effect or expected effect on the Property or its occupants is unsatisfactory in
380 Buyer's subjective discretion, Buyer shall, on or before Inspection Objection Deadline (§ 2.3):
381 10.2.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated; or
382 10.2.2. Notice to Correct. Deliver to Seller a written description of any unsatisfactory physical condition
383 which Buyer requires Seller to correct.
384 If written notice is not received by Seller on or before Inspection Objection Deadline (§ 2.3), the physical
385 condition of the Property and Inclusions shall be deemed to be satisfactory to Buyer.
386 10.3. Inspection Resolution Deadline. If a Notice to Correct is received by Seller and if Buyer and Seller have not
387 agreed in writing to a settlement thereof on or before Inspection Resolution Deadline (§ 2.3), this Contract shall terminate
388 one day following Inspection Resolution Deadline (§ 2.3), unless before such termination Seller receives Buyer's written
389 withdrawal of the Notice to Correct.
390 10.4. Damage, Liens and Indemnity. Buyer, except as otherwise provided in this Contract, is responsible for
391 payment for all inspections, tests, surveys, engineering reports, or any other work performed at Buyer's request (Work) and
392 shall pay for any damage that occurs to the Property and Inclusions as a result of such Work. Buyer shall not permit claims or
393 liens of any kind against the Property for Work performed on the Property at Buyer's request. Buyer agrees to indemnify,
394 protect and hold Seller harmless from and against any liability, damage, cost or expense incurred by Seller and caused by any
395 such Work, claim, or lien. This indemnity includes Seller's right to recover all costs and expenses incurred by Seller to
396 defend against any such liability, damage, cost or expense, or to enforce this section, including Seller's reasonable attorney
397 and legal fees. The provisions of this section shall survive the termination of this Contract.
398 10.5. Insurability. This Contract is conditional upon Buyer's satisfaction, in Buyer's subjective discretion, with the
399 availability, terms and conditions of and premium for property insurance. This Contract shall terminate upon Seller's receipt,
No. wC8S1-S-a9. CONTRACT TO BUY ANI) SELL REAL ESTATE (I'nge 8 of 14)
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400 on or before Property Insurance Objection Deadline (§ 2.3), of Buyer's written notice that such insurance was not
401 satisfactory to Buyer. If said notice is not timely received, Buyer shall have waived any right to terminate under this
402 provision.
403 10.6. Buyer Disclosure. Buyer represents that Buyer ❑ Does ® Does Not need to sell and close a property to
404 complete this transaction.
405 Note: Any property sale contingency should appear in Additional Provisions (§ 26).
406 10.7. Source of Potable Water (Residential Land and Residential Improvements Only).
407 Buyer 0 Does ❑ Does Not acknowledge receipt of a copy of Seller's Property Disclosure or Source of Water
408 Addendum disclosing the source of potable water for the Property. Buyer 0 Does ❑ Does Not acknowledge receipt of a
409 copy of the current well permit.
410 ® There is No Well.
411. Note to Buyer: SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUND
412 WATER. YOU MAY WISH TO CONTACT YOUR PROVIDER (OR INVESTIGATE THE DESCRIBED SOURCE)
413 TO DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER'S WATER SUPPLIES.
414 10.8. Carbon Monoxide Alarms. Note: If the improvements on the Property have a fuel -fired heater or appliance, a
415 fireplace, or an attached garage and include one or more rooms lawfully used for sleeping purposes (Bedroom), the parties
416 acknowledge that Colorado law requires that Seller assure the Property has an operational carbon monoxide alarm installed
417 within fifteen feet of the entrance to each Bedroom or in a location as required by the applicable building code.
418
419 11. METHAMPHETAMINE DISCLOSURE (Residential Property Only). If the Property is residential, and Seller
420 knows that methamphetamine was ever manufactured, processed, cooked, disposed of, used or stored at the Property, Seller
421 is required to disclose such fact. No disclosure is required if the Property was remediated in accordance with state standards
422 and other requirements are fulfilled pursuant to § 25-18.5-102, C.R.S. Buyer further acknowledges that Buyer has the right to
423 engage a certified hygienist or industrial hygienist to test whether the Property has ever been used as a methamphetamine
424 laboratory. If Buyer's test results indicate that the Property has been contaminated with methamphetamine, but has not been
425 remediated to meet the standards established by rules of the State Board of Health promulgated pursuant to § 25-18.5-102,
426 C.R.S., Buyer shall promptly give written notice to Seller of the results of the test, and Buyer may terminate this Contract,
427 notwithstanding any other provision of this Contract.
428
429 12. CLOSING. Delivery of deed from Seller to Buyer shall be at closing (Closing). Closing shall be on the date specified
430 as the Closing Date (§ 2.3) or by mutual agreement at an earlier date. The hour and place of Closing shall be as designated
43I by Buyer and Seller.
432
433 13. TRANSFER OF TITLE. Subject to tender or payment at Closing as required herein and compliance by Buyer with
434 the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient general warranty deed to Buyer,
435 at Closing, conveying the Property free and clear of all taxes except the general taxes for the year of Closing. Except as
436 provided herein, title shall be conveyed free and clear of all liens, including any governmental liens for special improvements
437 installed as of the date of Buyer's signature hereon, whether assessed or not. Title shall be conveyed subject to:
438 13.1. those specific Exceptions described by reference to recorded documents as reflected in the Title Documents
439 accepted by Buyer in accordance with Title Review (§ 8.1),
440 13.2. distribution utility easements (including cable TV),
441 13.3. those specifically described rights of third parties not shown by the public records of which Buyer has actual
442 knowledge and which were accepted by Buyer in accordance with Matters Not Shown by the Public Records (§ 8.2) and
443 Survey Review (§ 8.3),
444 13.4. inclusion of the Property within any special taxing district, and
445 13.5. other n'a .
446
447 14. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before Closing from
448 the proceeds of this transaction or from any other source.
449
450 15. CLOSING COSTS, DOCUMENTS AND SERVICES.
451 15.1. Good Funds. Buyer and Seller shall pay, in Good Funds, their respective closing costs and all other items
452 required to be paid at Closing, except as otherwise provided herein.
453 15.2. Closing Information and Documents. Buyer and Seller will furnish any additional information and
454 documents required by Closing Company that will be necessary to complete this transaction. Buyer and Seller shall sign and
455 complete all customary or reasonably required documents at or before Closing.
No. wCltSI-5-09. CONTRACT TO BUY AND SELL REAL ESTATE (Page 9 of 14)
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456 15.3. Closing Services Fee. The fee for real estate closing services shall be paid at Closing by O Buyer O Seller
457 ® One -Half by Buyer and One -Half by Seller O Other nea .
458 15.4. Closing Instructions. Buyer and Seller agree to execute the Colorado Real Estate Commission's Closing
459 Instructions. Such Closing Instructions O Are ® Are Not executed with this Contract. Upon execution, O Seller ® Buyer
460 shall deliver such Closing Instructions to the Closing Company.
461 15.5. Status Letter and Transfer Fees. Any fees incident to the issuance of Association's statement of assessments
462 (Status Letter) shall be paid by O Buyer O Seller ® One-Ilalf by Buyer and One -Half by Seller. Any transfer fees
463 assessed by the Association (Association's Transfer Fee) shall be paid by ❑ Buyer ❑ Seller O One-Ilalf by Buyer
464 and One -Half by Seller.
465 15.6. Local Transfer Tax. ❑ The Local Transfer Tax of n/a % of the Purchase Price shall be paid at Closing by
466 ❑ Buyer ❑ Seller ® One -Half by Buyer and One -Half by Seller.
467 15.7. Sales and Use Tax. Any sales and use tax that may accrue because of this transaction shall be paid when due
468 by O Buyer O Seller ® One -Half by Buyer and One -Hanby Seller.
469
470 16. PRORATIONS. The following shall be prorated to Closing Date (§ 2.3), except as otherwise provided:
471 16.1. Taxes. Personal property taxes, if any, and general real estate taxes for the year of Closing, based on ❑ Taxes
472 for the Calendar Year Immediately Preceding Closing ® Most Recent Mill Levy and Most Recent Assessed
473 Valuation, adjusted by any applicable qualifying seniors property tax exemption, or O Other n'a .
474 16.2. Rents. Rents based on ❑ Rents Actually Received O Accrued. At Closing, Seller shall transfer or credit to
475 Buyer the security deposits for all leases assigned, or any remainder after lawful deductions, and notify all tenants in writing
476 of such transfer and of the transferee's name and address. Seller shall assign to Buyer all leases in effect at Closing and Buyer
477 shall assume such leases.
478 16.3. Association Assessments. Current regular Association assessments and dues (Association Assessments) paid
479 in advance shall be credited to Seller at Closing. Cash reserves held out of the regular Association Assessments for deferred
480 maintenance by the Association shall not be credited to Seller except as may be otherwise provided by the Governing
481 Documents. Any special assessment by the Association for improvements that have been installed as of the date of Buyer's
482 signature hereon shall be the obligation of Seller. Any other special assessment assessed prior to Closing Date (§ 2.3) by the
483 Association shall be the obligation of O Buyer O Seller. Seller represents that the Association Assessments are currently
484 payable at Sn/a per n a and that there are no unpaid regular or special assessments against the Property except the current
485 regular assessments and n/a . Such assessments are subject to change as provided in the Governing Documents. Seller agrees
486 to promptly request the Association to deliver to Buyer before Closing Date (§ 2.3) a current Status Letter.
487 16.4. Other Prorations. Water and sewer charges, interest on continuing loan, and none other.
488 16.5. Final Settlement. Unless otherwise agreed in writing, these prorations shall be final.
489
490 17. POSSESSION. Possession of the Property shall be delivered to Buyer on Possession Date at Possession Time (§ 2.3),
491 subject to the following leases or tenancies:
492 none
493 If Seller, after Closing, fails to deliver possession as specified, Seller shall be subject to eviction and shall be
494 additionally liable to Buyer for payment of $100.00 per day (or any part of a day notwithstanding § 2.5.1) from Possession
495 Date and Possession Time (§ 2.3) until possession is delivered.
496 Buyer O Does e Does Not represent that Buyer will occupy the Property as Buyer's principal residence.
497
498 18. ASSIGNABILITY AND INUREMENT. This Contract ❑ Shall ® Shall Not be assignable by Buyer without
499 Seller's prior written consent. Except as so restricted, this Contract shall inure to the benefit of and be binding upon the heirs,
500 personal representatives, successors and assigns of the parties.
501
502 19. CAUSES OF LOSS, INSURANCE; CONDITION OF, DAMAGE TO PROPERTY AND INCLUSIONS AND
503 WALK-THROUGH. Except as otherwise provided in this Contract, the Property, Inclusions or both shall be delivered in
504 the condition existing as of the date of this Contract, ordinary wear and tear excepted.
505 19.1. Causes of Loss, Insurance. In the event the Property or Inclusions are damaged by fire, other perils or causes
506 of loss prior to Closing in an amount of not more than ten percent of the total Purchase Price, Seller shall be obligated to
507 repair the same before Closing Date (§ 2.3). In the event such damage is not repaired within said time or if the damage
508 exceeds such sum, this Contract may be terminated at the option of Buyer by delivering to Seller written notice of
509 termination on or before Closing. Should Buyer elect to carry out this Contract despite such damage, Buyer shall be entitled
510 to a credit at Closing for all insurance proceeds that were received by Seller (but not the Association, if any) resulting from
51 I such damage to the Property and Inclusions, plus the amount of any deductible provided for in such insurance policy. Such
512 credit shall not exceed the Purchase Price. In the event Seller has not received such insurance proceeds prior to Closing, then
No. wCBSI-5-09. CONTR.ACC TO BUY AND SELL REAL ESTATE (!'age to of 14)
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513 Seller shall assign such proceeds at Closing, plus credit Buyer the amount of any deductible provided for in such insurance
514 policy, but not to exceed the total Purchase Price.
515 19.2. Damage, Inclusions and Services. Should any Inclusion or service (including systems and components of the
516 Property, e.g. heating, plumbing) fail or be damaged between the date of this Contract and Closing or possession, whichever
517 shall be earlier, then Seller shall be liable for the repair or replacement of such Inclusion or service with a unit of similar size,
518 age and quality, or an equivalent credit, but only to the extent that the maintenance or replacement of such Inclusion, service
519 or fixture is not the responsibility of the Association, if any, less any insurance proceeds received by Buyer covering such
520 repair or replacement. Seller and Buyer are aware of the existence of pre -owned home warranty programs that may be
521 purchased and may cover the repair or replacement of such Inclusions. The risk of loss for damage to growing crops by fire
522 or other casualty shall be borne by the party entitled to the growing crops as provided in § 3.1.7 and such party shall be
523 entitled to such insurance proceeds or benefits for the growing crops.
524 19.3. Walk -Through and Verification of Condition. Buyer, upon reasonable notice, shall have the right to walk
525 through the Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this
526 Contract.
527
528 20. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document, Buyer and Seller
529 acknowledge that the respective broker has advised that this document has important legal consequences and has
530 recommended the examination of title and consultation with legal and tax or other counsel before signing this Contract.
531
532 21. TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of the essence hereof. If any note or check received as
533 Earnest Money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any obligation
534 hereunder is not performed or waived as herein provided, there shall be the following remedies:
535 21.1. If Buyer is in Default:
536 O 21.1.1. Specific Performance. Seller may elect to treat this Contract as canceled, in which case all Earnest
537 Money (whether or not paid by Buyer) shall be forfeited by Buyer, paid to Seller and retained by Seller; and Seller may
538 recover such damages as may be proper; or Seller may elect to treat this Contract as being in full force and effect and Seller
539 shall have the right to specific performance or damages, or both.
540 ® 21.1.2. Liquidated Damages. All Earnest Money (whether or not paid by Buyer) shall be forfeited by
541 Buyer, paid to Seller, and retained by Seller. Both parties shall thereafter be released from all obligations hereunder. It is
542 agreed that the Earnest Money specified in § 4.1 is LIQUIDATED DAMAGES, and not a penalty, which amount the parties
543 agree is fair and reasonable and (except as provided in §§ 10.4, 19, 22, 23 and 24), said forfeiture shall be SELLER'S SOLE
544 AND ONLY REMEDY for Buyer's failure to perform the obligations of this Contract. Seller expressly waives the remedies
545 of specific performance and additional damages.
546 21.2. If Seller is in Default: Buyer may elect to treat this Contract as canceled, in which case all Earnest Money
547 received hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect to treat this
548 Contract as being in full force and effect and Buyer shall have the right to specific performance or damages, or both.
549
550 22. LEGAL FEES, COST AND EXPENSES. In the event of any arbitration or litigation relating to this Contract, prior to
551 or after Closing Date (§ 2.3), the arbitrator or court shall award to the prevailing party all reasonable costs and expenses,
552 including attorney and legal fees.
553
554 23. MEDIATION. If a dispute arises relating to this Contract, prior to or after Closing, and is not resolved, the parties
555 shall first proceed in good faith to submit the matter to mediation. Mediation is a process in which the parties meet with an
556 impartial person who helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions.
557 The parties to the dispute must agree, in writing, before any settlement is binding. The parties will jointly appoint an
558 acceptable mediator and will share equally in the cost of such mediation. The mediation, unless otherwise agreed, shall
559 terminate in the event the entire dispute is not resolved within thirty days of the date written notice requesting mediation is
560 delivered by one party to the other at the party's last known address. This section shall not alter any date in this Contract,
561 unless otherwise agreed.
562
563 24. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder shall release the
564 Earnest Money as directed by written mutual instructions, signed by both Buyer and Seller. In the event of any controversy
565 regarding the Earnest Money (notwithstanding any termination of this Contract), Earnest Money Holder shall not be required
566 to take any action. Earnest Money Holder, at its option and sole discretion, may (I ) await any proceeding, (2) interplead all
567 parties and deposit Earnest Money into a court of competent jurisdiction and shall recover court costs and reasonable attorney
568 and legal fees, or (3) provide notice to Buyer and Seller that unless Earnest Money Holder receives a copy of the Summons
569 and Complaint or Claim (between Buyer and Seller) containing the case number of the lawsuit (Lawsuit) within one hundred
No. wCtiS1-5-09. CONTRACT TO BUY AND SEI.I. REAI. ESTATE (Page I I of 14) Initials a-
570 twenty days of Earnest Money l-lolder's notice to the parties, Earnest Money Holder shall be authorized to return the Earnest
571 Money to Buyer. In the event Earnest Money Holder does receive a copy of the Lawsuit, and has not interpled the monies at
572 the lime of any Order, Earnest Money Holder shall disburse the Earnest Money pursuant to the Order of the Court. The
573 parties reaffirm the obligation of Mediation (§ 23). The provisions of this § 24 apply only if the Earnest Money Holder is
574 one of the Brokerage Firms named in § 34 or § 35.
575
576 25. TERMINATION. In the event this Contract is terminated, all Earnest Money received hereunder shall be returned and
577 the parties shall be relieved of all obligations hereunder, subject to §§ 10.4, 23 and 24.
578
579 26. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real
580 Estate Commission.)
581 See Addendum attached hereto as Exhibit A and incorporated herein by this reference.
582
583
584
585 27. ATTACHMENTS. The following are a part of this Contract:
586 n'a
587
588 Note: The following disclosure forms are attached but are not a part of this Contract:
589 n'a
590
591 28. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith, including but not
592 limited to exercising the rights and obligations set forth in the provisions of Financing Conditions and Obligations (§ 5)
593 and Property Disclosure, Inspection, Indemnity, Insurability, Buyer Disclosure and Source of Water (§ 10).
594
595 29. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL. This Contract, its exhibits and specified addenda,
596 constitute the entire agreement between the parties relating to the subject hereof, and any prior agreements pertaining thereto,
597 whether oral or written, have been merged and integrated into this Contract. No subsequent modification of any of the terms
598 of this Contract shall be valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. Any
599 obligation in this Contract that, by its terms, is intended to be performed after termination or Closing shall survive the same.
600
601 30. COLORADO FORECLOSURE PROTECTION ACT. If the Colorado Foreclosure Protection Act (Act) applies,
602 then a different contract that complies with the provisions of the Act is required, and this Contract shall be void and of no
603 effect. The Act generally requires that (I) the Property is residential, (2) any loan secured by the Property is at least thirty
604 days delinquent or in default, (3) Buyer does not reside in the Property for at least one year and (4) Buyer is subject to the
605 Act. Buyer 0 Will ® Will Not occupy the Property as Buyer's personal residence for at least one year. The parties are
606 further advised to consult with their own attorney.
607
608 31. NOTICE, DELIVERY, AND CHOICE OF LAW.
609 31.1. Physical Delivery. All notices must be in writing, except as provided in § 31.2. Any document, including a
610 signed document or notice, delivered to Buyer shall be effective when physically received by Buyer, any signator on behalf
611 of Buyer, any named individual of Buyer, any representative of Buyer, or Brokerage Firm of Broker working with Buyer
612 (except for delivery, after Closing, of the notice requesting mediation described in § 23) and except as provided in § 31.2
613 below. Any document, including a signed document or notice, delivered to Seller shall be effective when physically received
614 by Seller, any signator on behalf of Seller, any named individual of Seller, any representative of Seller, or Brokerage Firm of
615 Broker working with Seller (except for delivery, after Closing, of the notice requesting mediation described in § 23) and
616 except as provided in § 31.2 below.
617 31.2. Electronic Delivery. As an alternative to physical delivery, any document, including any signed document or
618 written notice may be delivered in electronic form only by the following indicated methods: ® Facsimile ® Email
619 0 Internet 0 No Electronic Delivery. Documents with original signatures shall be provided upon request of any party.
620 31.3. Choke of Law. This Contract and all disputes arising hereunder shall be governed by and construed in
621 accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in
622 Colorado for property located in Colorado.
623
624 32. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal shall expire unless accepted in writing, by Buyer
625 and Seller, as evidenced by their signatures below, and the offering party receives notice of such acceptance pursuant to § 31
No. wCItS1.5-09. CONTRACT TO 11IIY AND SF:I.I. REAL ESTATE (I'agc 12 of 14) Initials. C. /T
626 on or before Acceptance Deadline Date (§ 2.3) and Acceptance Deadline Time (§ 2.3). If accepted, this document shall
627 become a contract between Seller and Buyer. A copy of this document may be executed by each party, separately, and when
628 each party has executed a copy thereof, such copies taken together shall be deemed to be a full and complete contract
629 between the parties.
630
Date: 1',(/ _)7/. , Date:
Buyer's Name: �iblc Gnj, f, lnc. Buyer's Name:
Buyer's Sig Buyer's Signature
Address: / '162 13roachvay, Suite 2200 Address:
Phone No.:
Fax No.:
Email Address:
631
Denver, CO 80202
Phone No.:
Fax No.:
Email Address:
632 NOTE: If this offer is being countered or rejected, do not sign this document. Refer to § 331
633
Date: (//3O/A
Seller's Name: Quarter Circle Lazy N Ranch, Inc.
Seller's Signature
Address:
Phone No.:
Fax No.:
Email Address:
634
Pitt
4000 County Road 74E
Livermore, CO 80536
Date:
Seller's Name:
Seller's Signature
Address:
Phone No.:
Fax No.:
Email Address:
635 33. COUNTER; REJECTION. This offer is O Countered O Rejected.
636
637 Initials only of party (Buyer or Seller) who countered or rejected offer
638
639
640
END OF CONTRACT TO BUY AND SELL REAL ESTATE
641
642 34. BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE.
643 (To be completed by Broker working with Buyer)
644
645 Broker O Does ❑ Does Not acknowledge receipt of Earnest Money deposit specified in § 4.1 and, while not a party to the
646 Contract, agrees to cooperate upon request with any mediation concluded under § 23. Broker agrees that if Earnest Money
647 Holder is other than the Brokerage Firm identified in § 34 or § 35, Closing Instructions signed by Buyer, Seller, and Earnest
648 Money Holder must be obtained on or before delivery of Earnest Money to Earnest Money Holder.
649
650 Broker is working with Buyer as n O Buyer's Agent ❑ Seller's Agent O Transaction -Broker in this transaction.
651 ❑ This is a Change of Status.
No. wCRS1-5.09. CONTRACT TO IWV ANI) SELL REAL ESTATE (rage 13 of 14) Initials H.
652
653 Brokerage Firm's compensation or commission is to be paid by ❑ Listin Brokerage Firm ❑ Buyer ❑ Other
654
Date:
Brokerage Firm's Name:
Broker's Name:
Broker's Signature
Address:
Phone No.:
Fax No.:
Email Address:
655
656
657
658 35. BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE.
659 (To be completed by Broker working with Seller)
660
661 Broker O Does O Does Not acknowledge receipt of Earnest Money deposit specified in § 4.1 and, while not a party to the
662 Contract, agrees to cooperate upon request with any mediation concluded under § 23. Broker agrees that if Earnest Money
663 Holder is other titan the Brokerage Firm identified in § 34 or § 35, Closing Instructions signed by Buyer, Seller, and Earnest
664 Money Holder must be obtained on or before delivery of Earnest Money to Earnest Money Holder.
665
666 Broker is working with Seller as a ❑ Seller's Agent ❑ Buyer's Agent O Transaction -Broker in this transaction.
667 ❑ This is a Change of Status.
668
669 Brokerage Firm's compensation or commission is to be paid by O Seller O Buyer O Other
670
Date:
Brokerage Firm's Name:
Broker's Name:
Broker's Signature
Address:
Phone No.:
Fax No.:
Email Address:
671
No. w•CBS1-5-09. CONTRACT TO BIN AND SELL REAL ESTATE (Page 14 of 14) Initials: e. /'
ADDENDUM
to
CONTRACT TO BUY AND SELL REAL ESTATE (the "Contract")
between
NOBLE ENERGY. INC. ("Buyer')
and
QUARTER CIRCLE LAZY 1-I RANCH, INC. ("Seller")
Dated November O , 2012
The below provisions are additional provisions to the Contract. iN TI-IE EVENT ANY
PROVISIONS OF THIS ADDENDUM CONFLICT IN WHOLE OR IN PART WITH THE
TERMS OF THE CONTRACT, THE PROVISIONS OF THIS ADDENDUM SHALL
CONTROL.
Section 4.2. Earnest Money. Contemporaneously with Buyer's execution of the Contract,
Buyer is delivering to Seller a check in the amount of(the "Earnest Money") as
partial payment for the Purchase Price to be held in trust by Seller until either Closing or until the
Contract is terminated. In the event that the Contract is not terminated prior to Closing, the
Earnest Money shall be credited against the Purchase Price as set forth in Section 4.1 of the
Contract. In the event that the Contract is terminated prior to Closing, Seller shall, in accordance
with the applicable provisions of the Contract and this Addendum, either promptly return the
Earnest Money to Seller or retain the Earnest Money as liquidated damages.
Section 26. ADDITIONAL PROVISIONS
A. Condition Precedent. Notwithstanding anything to the contrary set forth in the
Contract, the Contract is expressly contingent upon Buyer securing a Use by Special Review
permit from the Weld County Planning & Zoning Department that allows Buyer to use the
Property for a hydrocarbon processing facility or such other use as determined by Buyer in its
sole discretion (a "USR Permit"). The Contract shall automatically terminate at I I :59 p.m. on
the USR Deadline (as defined below) in the event that for any reason whatsoever Buyer has not
received an acceptable USR Permit prior to the USR Deadline or Buyer has not waived this
condition precedent as set forth in Section 26(B) below, and Seller shall immediately return the
full amount of Earnest Money to Buyer.
B. USR Procedure. Seller shall assist Buyer with the USR Permit process as
reasonably requested by Buyer. Buyer shall pay all costs associated with the USR Permit
process. Buyer shall have one hundred and twenty (120) clays after the date of MEC to obtain a
USR Permit that is satisfactory to Buyer, in its sole discretion (the "USR Deadline"). Buyer
must deliver notice of its receipt of a satisfactory USR Permit or its waiver of the condition
precedent set forth in Section 26(A) above on or prior to 11:59 p.m. on the USR Deadline or the
Contract shall automatically terminate in accordance with Section 26(A) above.
C. Inspection. The Inspection Period Deadline shall be the same date as the USR
Deadline. Notwithstanding anything to the contrary set forth in the Contract, Buyer shall, in
addition to its inspection rights set forth in Section 10.2 of the Contract, the right to conduct any
2240794 1
engineering studies, environmental studies, soil tests, and any other tests, studies or inspection
that Buyer deems are necessary or appropriate in connection with Buyer seeking the USR
Permit.
D. Closing. Provided that the Contract is not terminated in accordance with Section
26(A) above or any applicable provisions of the Contract, the Closing Date shall be no later than
the tenth (10th) business day after the USR Permit is recorded in the real property records of
Weld County, Colorado.
E. At the request of Seller, Buyer shall cooperate with Seller in the achievement of a
tax -deferred real estate exchange pursuant to Section 1031 of the Internal Revenue Code and the
Treasury Regulations promulgated thereunder. Buyer shall not be required to incur any
additional liability or expense in connection with Seller's tax -deferred exchange transaction. In
the event Seller seeks a tax -deferred real estate exchange pursuant to Section 103 I of the Internal
Revenue Code and the Treasury Regulations promulgated thereunder, Seller agrees to indemnify,
defend and hold Buyer harmless from and against any and all claims, demands, causes of action,
liabilities, costs and expenses, including reasonable attorneys' fees and costs of litigation, that
Buyer may suffer or incur by reason of such exchange. Seller's indemnity obligation shall
survive Closing.
In Witness Whereof, Seller and Buyer agree to and acknowledge the terms of this
Addendum.
BUYER:
NOBLE ENERGY. INC.,
a Delaware coition
By:
Name:
Its:
1/.
SELLER:
QUARTER CIRCLE LAZY H RANCH, INC.,
a Colorado corporation
By:
Name: 11 4.4. W
Its: en( s; it �r/t{.
ENGINEERS
SURVEYORS
R&R ENGINEERS -SURVEYORS, INC. 7352 GREENRIDGE RD. STE. B19, WINDSOR, CO 80550 303-753-6730
EXHIBIT A
N Y2 NW %, SECTION 21, TOWNSHIP 9 NORTH, RANGE 61 WEST, OF THE 6th P.M., WELD COUNTY, COLORADO
THIS EXHIBIT DOES NOT REPRESENT A BOUNDARY SURVEY
II
I I
I INV/ COR.
FOUND SEC. 21
NO. 6
REBAR
h
N
tp
tD
N
U1
M' I
in 81 \
of1
ZI I
III
WTI!
�I n
� n
II�
III
CO011
I I
I IfOUND 2 h'
ALUMINUM CAP
LS (7492
W Y4 COR.
I SEC. 21
N 87'43'56" E, 2624.06'
TRACT @
N )4 NW Y4 SEC. 21
80.291 ACRES GROSS
150' ELECTRIC TRANSMISSION
LINE EASEMENT PER BK 859
REC.N 1780524
N
N
1316.57'
N
FOUND 2 )4" ALUMINUM
CAP ILLEGIBLE
N Y COR. SEC. 21
to
N
W
\ la 7'
N 87'38'39" E. 2633.13' ` \
I HEREBY CERTIFY THAT THIS EXHIBIT WAS PREPARED BY ME, OR UNDER MY DIRECT
SUPERVISION, THAT THE FIELD WORK WAS COMPLETED ON 11/01/12, FOR AND ON
BEHALF OF NOBLE ENERGY INC., THAT IT IS NOT A LAND SURVEY PLAT OR AN
IMPROVEMENT SURVEY PLAT, AND THAT IT IS NOT TO BE RELIED UPON FOR
ESTABLISHMENT OF FENCES, BUILDINGS, OR
OTHER FUTURE IMPROVEMENT LINES.
FIELD DATE: 11/01/12
PLOT DATE: 11/27/12
DRAWN BY: CJD
JOB NO.: NE12378
2
C) SHEET NO.: 1 of 1
Pp"REG/III,
'I
O$`.1,RlfSy�
F�
cm)
11127/12
3
5/•
I x'1()1 Mi 1.` LAN.S.`S
DAVID C. HOLMES, PCS 32828
FOR MD ON BEHALF CF R&R ENGWEIRS-SURVEYORS, EC.
N N
CALCULATED
POSITION
S 01'04'33" E
2680.94'
O
LEGEND
• FOUND U0NUMENT
m CALCI.IATEO P09110:1
500'
SCALE: 1" = 500'
S Y. COR. SEC. 21
FOUND 2 Y2"
ALUMINUM CAP
LS 17492
N 87'38'39" E
2642.78'
l E Y. COR.
SEC. 21
FOUND 2 Y5"
ALUMINUM CAP
LS 17492
NOTE: BEARINGS ARE GRID BEARINGS Of THE
COLORADO STATE PLM4E COORDINATE SYSTEM, NORTH
ZONE. NAD 83. TIIE LINEAL DIMENSIONS SHOWN
HEREON ARE BASED UPON THE 'U.S. SURVEY FOOT'.
NOTICE.
ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION
BASED UPON ANY DEFECT IN TINS EXHIBIT I1TINN THREE YEARS AFTER YOU
FIRST DISCOVER SUCH DEFECT. IN NO EVEN( MAY ANY ACTION BASED UPON
ANY DEFECT IN THIS EXHIBIT DE COMMENCED MORE THAN TEN YEARS FROM
THE DATE OF THE CERTIFICATION SHOWN HEREON (13-80-105 C.RS.).
Document must be filed electronically.
Paper documents will not be accepted.
Document processing fee
Late fee if entity is in noncompliant status
Fees & forms/cover sheets
are subject to change.
To access other information or print
copies of filed documents,
visit www.sos.state.co.us and
select Business.
and select Business Center.
-File d
Colorado Secretary of State
Date and Time: 01/06/2012 05:08 PM
ID Number: 20051458559
$10.00 Document number: 20121014039
$40.00 Amount Paid: $10.00
ABOVE SPACE FOR OFFICE USE ONLY
Periodic Report
filed pursuant to §7-90-301, et seq. and §7-90-501 of the Colorado Revised Statutes (C.R.S)
ID number:
Entity name:
20051458559
QUARTER CIRCLE LAZY H RANCH, INC.
Jurisdiction under the law of which the
entity was formed or registered: Colorado
1. Principal office street address:
2. Principal office mailing address:
(if different from above)
4000 COUNTY ROAD 74E
(Suva name and number)
LIVERMORE
CO 80536
/C,'.)
(Province — if applicable)
(State) (Postal/Zip Code)
United States
(Country - if not US)
(Street name and number or Post Office Box information)
(City)
(State) (Postal/Zip Code)
(Province - if applicable) (Country - if not US)
3. Registered agent name: (if an individual) HANSEN
OR (if a business organization)
(Last)
CHRIS W.
(First)
(Middle) (Suffix)
4. The person identified above as registered agent has consented to being so appointed.
5. Registered agent street address:
REPORT
4000 COUNTY ROAD 74E
(Street name and mun/v ri
LIVERMORE CO 80536
(City)
Page 1 of 2
(.Saud (Postal/Zip Code)
Rev. 8/11/2010
6. Registered agent mailing address:
(if different from above) (Street name and number or Post Office Box information)
(City)
(State) (Postal/Zip Code)
(Province - if applicable) (Country - if not US)
Notice:
Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or
acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the
individual's act and deed, or that the individual in good faith believes the document is the act and deed of the
person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity
with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic
statutes, and that the individual in good faith believes the facts stated in the document are true and the
document complies with the requirements of that Part, the constituent documents, and the organic statutes.
This perjury notice applies to each individual who causes this document to be delivered to the secretary of
state, whether or not such individual is named in the document as one who has caused it to be delivered.
7. Name(s) and address(es) of the
individual(s) causing the document
to be delivered for filing:
Hansen
Chris W.
(Last) (First) (Middle) (Suffix)
4000 CR 74E
(Street name and number or Post Office Box information)
Livermore CO 80536
(City)
(State) (Postal/Zip Code)
United States
(Province - if applicable) (Country - if not US)
(The document need not state the true name and address of more than one individual. However; ijyott wish to state the name and address
ofany additional individuals causing the document to be delivered for filing. mark this box and include an attachment stating the
name and address of such individuals.)
Disclaimer:
This form, and any related instructions, are not intended to provide legal, business or tax advice, and are
offered as a public service without representation or warranty. While this form is believed to satisfy minimum
legal requirements as of its revision date, compliance with applicable law, as the same may be amended from
time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's
attorney.
REPORT
Page 2 of 2 Rev. 8/11/2010
CERTIFICATE 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 North Half of the Northwest Quarter of Section 21, Township 9 North, Range 61 West of the
6`h P.M.. County of Weld. State of Colorado.
CONVEYANCES (If none appear, so state):
Reception No. 1318897
I Book 1547 Page 131
I Reception No. 1662856
I Book 741
Reception No. 2827659
Book
Reception No. 3353693
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 4th day of February 2013, at 7:00 am.
Order No. 1-10360192
Heritag Tim Company, Inc.
By: 411.
Authorized Signatory
csL,yY'idll' i f
r
tbiennile
•
A `iii
moo* [At[•- ota:as
+e' at tlrt # as 1 rr
e.eaadc`,: t. fii r�pti ��r.t�:�.� !c`- �, ate ro-
airadD Y$2,604 loll, 0 ' ; MANION, ia�r - lsio .its do
" rill tier. VTIR48l.h b' t isre d pbrty of the fleeced
�p % ell the Y'!a, title, interest,
pert, a�,.SOCs9�ti0r8 cad oarl4gaa,
alum 6A8 6 which the enoS4 . ttief of the Shot :q !tr. boon in and to tie
f :3..4si bid awl net to`rttgate, an& 3o the County of MLR
and State:Cif •0e�eidD to-v&t1 ^.77.;; ° •"7rirk, o •
le 2a
DF ie:3 , o';
•1: •
5 ye
''lin,,
&heard---
cr.
r.
ry
O
P
ao
t iota 1, 2, 3, b and tin E of the L * the Sif the of Section
�5, Tovnohip 9
7.orth 61 erect of the 6th P.M.
TheS of.'8ittiron 10, Toncsbip.9 Borth, lunge 61 Efoat of the 6th P.M.
All of &ll ttoa 15, Tionwhip 9 Earth; .I".. 61 Vest of the 6th P.M.
The 4• the s4 of S ction 16, O7lostip 9 Rath, Range 61 Eloot of the 6th P.N.
The of 8ectiala 20, Township 9 Ea , Rya 61 Hoot of the 6th P.M.
Tian t and the Witof gentian. 21 Tarnhip 9 North, Range 61 Vest of the 6th P.M.
The Sffi of Section 22, unship 9 Eirth, Range 61 Wont of the 6th P.R.
Al]. of Bastion Township 10 I3e -thRe, e 61 Wont of the. 6th PJW.
•
`!he of ,the 14•of Section 8, hip 10 north, Range 61 Rent of the 6th P.M.
..•
T e swt oeC all: ,ibnt part of htaM.103attrot and South Of the Colorado h Wyoming Railroad
right of.e y cfNetioa 9, Ticstob.54:10Borthp Renso 61 Rost pf the 6th P.M.
That pert gr.'thn;iii,lping t'oot;. the right of way of the C. B. & B. Railroad of Section 15,
Tinvnehip 10. , 61 Qcat Of•h:-16th P.GI.
The L4 C Soetloa'17, T1nship 10 Worth,_ ge 61 Mont of the 6th P.M.
The end the S Of the HS5g or Oention 16, lainaihip 10 North, Range 61 Went of the 6th c.I4.
The si of Boetion 19, Township 10 berth, Range 61 Went of the 6th P.M.
The iI of Bastion 20, Township 10 North, Range 61 West of the 6th P.M.
theand the 54 of Faction 21, whip 10 Borth, Rama 61 Heat of the 6th P.N.
T BBf; pert of the I of the &I*lying South and Went of the C. B. b Q. Railroad; the R4
of Section 22, Township 10 Earth, Reese 6i Hest of the 6th P.M.
Pert of tit * lying South ond:V.eat of the C. B. 6 Q. RFiila n6 right of tiny and the srr4} of
Section 26, p 10 North, Ram, 61 Most of the 6th P.N.
The Ei and theIaf Section tL dip 10 Werth, Range 61 West of the 6th P.M.
ie All of Section 2$; P uahip 10,. t"A 61 Wont of the 6th P.M.
The 4 of the EL endthe "the-' Section 29, Tavnship 10 North, Runge 61 Hest
of the 6th P.GM.
Ito 54 of @eetips 30, `a ahip 10 Earth, Raose 61 Moot of the 6th P.M.
The Si of the NWt, the Stilrmd 8 of the EII` of Section 32, Township 10 Borth, Range 61
Moot of the 6th PAL
The Shit clad the Si:of the 54 of .s0oti '33, ttoraship.10 Borth, Range 61 Mont of the 6th P.M.
0 The Ni of Section 3b, Township 10,rth�''1 a 61 Veit of the 6th P.S.
Rim , the Ni Net 1a, and the 4 „• ratetaoe 13, Township 10 North, Range 62 West of the
6th P.M; the N4 dad H} *of 20, 4ostehip 10 Worth, Range 62 Most of the 6th P.M.
of Section 25, Township 10 Mort3i, ]large 62 Vent of the 6th P.M.
The H4 of the Nli5, and the Si s* of Section 1, the 4 of the 54 and the Ni of the
Sl of Section 2, the I , the Nltof the5 and the 4 of the SRS of Section 12, the bl
Eat of the end the &4 Of the s4 � Of Tgon 13, all in twenhip 9 North, Range 62 Went of
the 6th P.M.
90 Toe 54 of .Sects 27, Township 10Matti!, Range 61 Wept of the 6th P.M.
The of tb4. of Section , , x.10 Worth,'.l a 61 West of the 6th P.K.
The V of tbra and the 134. cf Seottpq-12, Tovnsh'•l0 Both, Range 62 Meet of the 6th P.N.
f4
•
• Via. Al 1iN r� L•
•
b.
•
741 � A� JUN 161975
Recorded ,R.._...............
.................o'cloclt....JT....M..
Reception No.....
$, LEE SHEMEE, JR. Record..
W. Lli din" Let et sons, Inc., a'Col�orddo /to/rpor'
tion organized and existing under and by vir-
tue of the laws of the State of Colorado
whose address is R.R. N2 , Grover, Colorado
County of Weld , State of
Colorado , for the consideration of good
and valuable consideration
3f, in hand paid, hereby sell (e) and convey (a) to
William Clyde Bashor
' whose address la
Weld
R. R. R2, Grover
, and State of Colorado
County of Weld
County of
the following real property in the
, and State of Colorado, to wit:
All of the assets described in Schedule "A"
attached hereto and made a part hereof, ex-
cepting all minerals in and under the property
herein conveyed.
with all its appurtenances, and warrant(s) the title to the same, subject to
I Sled this 2nd
r ,
•
•ri r= w r
,.r ,a , Lt
day of June , le 74
William Lester Bashor a;, Sons, Inc
W. 1,, Bit$11Q ..fit. .4.13.5 ...�.13�......._.........
t `•:.• ` .,STATE OF COLORADO,
C• Q 1• . a 1l ►� County of /t%8`" leigL
The fo 1mg instrument was acknowledged me this aP L
day of �� , 19'!J —, by .`�i�lLo/u'e••- � �r�'
y mmiaeion expires �� n /�/ %
•d!`• .itritfe ur hand and official seat/
Ti`,_- . , NomufPaDlb
t
S` :▪ 'o riois•
t =Sol .r of oenoi7-roksottleigssel--If try t�at trawl or a oz�iaatwtmna e.(e ch t ore a�p�a t oas Mange•
I4,O abr or mrporotko Cos tesert aeon et nook ornar or onions on the grandame or cost oRYan or wai me•
Na. err. Warmly Doi-4MM Ia*-9ea us-t•ti. ca.s. 1110—BmNord PebnMlar Co.,gfi/ IMO Stmt. Dwne. Cotwslo-1041
,a/k/a
19.5€
a -.2
SCHEDULE A
Attached to and Made a Part of
That Certain Deed Between
WILLIAM LESTER BASHOR 6 SONS, INC.
and
WILLIAM CLYDE BASHOR
Dated June 2, 1975
S 1/2 S 1/2:24-10-62; E 1/2 E 1/2:26-10-62
W 1/2, NE 1/4:25-10-62, E 1/2 E 1/2:35-10-62
S 1/2 NE 1(4:24-10-62; NE 1/4:30-10-61
S 1/2 N 1/2, SW 1/4:32-10-61; N 1/2, SE 1/4.5-9-61
NE 1/4:20-9-61; N 1/2, SE 1/4:21-9-61;
SW 1/4:22-9-61; S 1/2, NW 1/4:16-9-61; all Sec. 15;
S 1/2:10-9-61
SW 1/4, S 1/2 NW 1/4:33-10-61; All Sec. 28; All Sec. 21;
All Sec. 27; N 1/2:34; SW 1/4, NW 1/4 WRR:26;
W 1/2, SE 1/4 22-10-61; W 1/2 WRR:15-10-61
SW 1/4, W 1/2 SE 1/4 WRR:9-10-61
Pt. NW 1/4 NE 1/4 WRR 22-10-61, Weld County, Colorado.
WILLIAM LESTER BASHOR $ SONS, INC., a/k/a
W.
L. BASHOR & SONS, INC.
Bfllisj 6N9"
1{11111111111111111111/1811 It 111111 11 1111
2827659 02/23/2001 10:27A JA Suki Tsukatroto
1 of 2 R 10.00 D 50.90 Weld County CO
so et O
WARRANTY DEED
THIS DEED, Made this 21st day of February, 2001 between
William Clyde Bashor, also known as William C. Bashor
of the County of Weld and State of Colorado, grantor, and Circle Ranches, Inc., a
Colorado Corporation
a corporation organized and existing under and by virtue of the laws of the State of
COLORADO, grantee:
whose legal address is 4554 County Road 74E, Livermore, Colorado BD536
WITNESSETH: That the grantor, for and in consideration of the sum of FIVE HUNDRED
EIGHT THOUSAND NINE HUNDRED FIFTY AND 00/100, (5508,950.00) DOLLARS, the receipt and
sufficiency of which is hereby acknowledged, has granted, bargained, sold and
conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto
the grantee, its successors and assigns forever, all the real property together with
improvements, if any, aituate,lying and being in the County of Weld and State of
Colorado, described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
TOGETHER WITH 50% of all mineral rights and existing well.
also known by street and number as William C Bashor Ranch, Grover, Colorado 80725
TOGETHER with all and singular the hereditaments and appurtenances thereunto
belonging, or in anywise appertaining and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof, and all the estate, right, title,
interest, claim and demand whatsoever of the grantor, either in law or equity, of, in
and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto the grantee, its successors and assigns forever. And the grantor,
for himself, his heirs and personal representatives, does covenant, grant, bargain,
and agree to and with the grantee, its successors and assigns, that at the time of the
ensealing and delivery of these presents. he is well seized of the premises above
conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in
law, in fee simple, and has good right, full power and lawful authority to grant,
bargain, Bell and convey the same in manner and form as aforesaid, and that the same
are free and clear from all former and other grants, bargains, sales, liens, taxes,
assessments, encumbrances and restrictions of whatever kind or nature soever, except
general taxes for 2000 and subseouent years; except easements, restrictions,
covenants, conditions, reservations and rights of way of record, if any;
The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises
in the quiet and peaceable possession of the grantee, its successors and assigns,
against
all and every person or persona lawfully claiming the whole or any part thereof.
The singular number shall include the plural, the plural the singular, and the use
of any gender shall be applicable to all genders.
IN WITNESS WHEREOF, The grantor has executed this; heed orL a ate-jeetorth ahove.
(j) Lijpix
William Clyde Bashor, also known as
William C Bashor
STATE OF COLORADO
} ss. The foregoing instrument was acknowledged before
County of Weld } me this 21st day of February, 2001, by
William Clyde Bashor, also known as William C. Bashor
My commission expires 10-17-2002
Witness my hand and officia
No. 952. Rev. 3-8S
NOTARY PUBLIC
1113 Tenth Avenue
Greeley, COLORADO 80631
11111 1111111111111111111111I1111111111111111111111111
202 of659 2 R O.000D 50.90 01 2 Weld 7A ACounty CO moto
ESCROW NO.: 8051005
DATE
February 20 2001
"EXHIBIT A"
LEGAL DESCRIPTION
TOWNSHIP 9 NORTH, RANGE 61 WEST OF THE 6TH P.M.
Section 1C: S? /2
Section 15: All
Section 16: W1/2 and SE1/4
Section 21: N1/2 and SE1/4
Section 22: SW1/4 and NE1/4
ALL IN THE COUNTY OF WELD, STATE OF COLORADO.
93 I lillll illil 11111 111111IIII 1111111111111111113111
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Upon Recording, Please Return To:
John Birkeland, Esq.
Sherman & Howard L.L.C.
633 I7°' Street, Suite 3000
Denver, CO 80202
SPECIAL WARRANTY DEED
CIRCLE RANCHES, INC., a Colorado corporation, whose street address is 4554 County
Road 74E, Livermore, CO 80536, Attn: S. Edward Hansen, for the consideration of Ten Dollars
and other valuable consideration, hereby sells and conveys to QUARTER CIRCLE LAZY H
RANCH, INC., a Colorado corporation, whose street address is 4000 County Road 74E,
Livermore, CO 80536, Attn: Chris Hansen, the real property more particularly described on the
attached Exhibit A with all its appurtenances, and warrants title to the same against all persons
claiming under it, subject to the lien for real property taxes and assessments for 2005 and
subsequent years and the Permitted Encumbrances listed on Exhibit B attached hereto.
Dated: December3l, 2005.
STATE OF COLORADO )
COUNTY OF )
CIRCLE RANCHES, INC.,
a Colorado corporation
By:
Name:
Title: PR b's
&tI •?.et a
S. .Fu c✓ 4 •CIP 001/001 .✓ s
Acknowledged before me this 31st~' day of December, 2005 by
of Circle Ranches, Inc., a
S, SbW,Q D rjAA15Ek)
Colorado corporation.
Witness my hand and official seal.
[SEAL]
as
pPES1PgriT
Notary Public
My Commission Expires:1." gP w q
My Commission Expires S/0812009
1111111111111111111111 III 111111111111 lit 11111 liil ll li
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EXHIBIT A
LEGAL DESCRIPTION
Township 9 North, Range 61 West of the 6th P. M.
Section 10: South 1/2
Section 15: All
Section 16: West 1/2 and Southeast 1/4
Section 21: North 1/2 and Southeast 1/4
Section 22: Southwest 1/4 and Northeast 1/4;
ALL IN THE COUNTY OF WELD, STATE OF COLORADO.
Township 9 North, Range 71 West of the 6th P. M.
Section 1: E1/2W1/2, E1/2, S1/2NE1/4 and NE1/4SE1/4;
Section 12: E 1 /2N W l /4, S W 1 /4NW 114, S W l /4, NE1/4;
/4;
ALL IN THE COUNTY OF LARIMER. STATE OF COLORADO.
Township 9 North, Range 70 West of the 6th P. M.
Section 6: W1/2, Wl/2E1/2;
ALL IN THE COUNTY OF LARIMER, STATE OF COLORADO.
Township 10 North, Range 70 West of the 6th P. M.
Section 30: W1/2;
Section 31: NW1/4; SW1/4;
ALL IN THE COUNTY OF LARIMER, STATE OF COLORADO.
Township 10 North. Range 71 West of the 6th P. M.
Section 36: SE1/4, EI/2SW 1/4, NE1/4 East of County Road 37, EXCEPT tract in Book 1591 at
Page 438;
ALL IN THE COUNTY OF LARIMER. STATE OF COLORADO
11111II 11111 11111 111111IIII 111111111111 III 111111111111
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EXHIBIT B
PERMITTED ENCUMBRANCES
• Rights -of -way, whether in fee or easement only, for county roads 30 feet wide on each
side of section and township lines as established by order of the Board of County
Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273.
• Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in
U.S. Patent recorded January 10, 1908 in Book 131 at Page 205.
• Reservations of (1) right of proprietor of any penetrating vein or lode to extract his ore;
and (2) right-of-way for any ditches or canals constructed by authority of United States,
in U.S. Patent recorded June 20, 1910 in Book 131 at Page 372 (Affects NW I/4 Section
15) and May 9, 1921 in Book 511 at Page 224.
• Reservation of right-of-way for any ditches or canals constructed by authority of the
United States, in U.S. Patents.
Recorded Book Page Property affected
December 15, 1916 461 36 SE1/4 Section 10
April 22, 1911 335 369 SW1/4 Section 15
May 2, 1914 396 140 E1/2 Section 15
December 14, 1911 346 470 SE1/4 Section 21
December 24, 1917 461 452 NE 1/4 Section 21
September 23, 1913 385 478 NWI/4 Section 21
September 15, 1914 396 312 SW 1/4 Section 22
• Undivided 1/2 of all oil, gas, and others hydrocarbons, as reserved by Lewis N. Wilson
in the deed recorded August 12, 1948 in Book I232 at Page 358, and any interests therein
or rights thereunder.
• Undivided 1/2 interest in and to all of the oil, gas, and other minerals, as conveyed to
Bertha G. Bickford in the deed recorded April 25, 1947 in Book 1202 at Page 387, and
any interests therein or rights thereunder.
• Undivided 1/8 interest in and to all of the oil, gas, and other minerals as conveyed to
Mamie A. Addington by deed recorded November 29, 1932 in Book 940 at Page 47, and
any interests therein or rights thereunder.
• All rights to any and all minerals, ore and metals of any kind and character, and all coal,
asphaltum, oil, gas and other like substances in or under said land, the rights of ingress
and egress for the purpose of mining, together with enough of the surface of the same as
may be necessary for the proper and convenient working of such minerals and
1101111111111111111111 IIII 1111111 IIIt1 III 1111111111111
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substances, as reserved in patent from the State of Colorado, recorded May 4, 1949 in
Book 1246 at Page 549, and any interests therein or rights thereunder.
• All oil, gas and other minerals as reserved by Elmer O. McKay and Alice M. McKay in
the deed recorded December 4, 1944 in Book 1145 at Page 233, and any interests therein
or rights thereunder.
• Undivided 1/2 interest in and to any oil or gas, as reserved by Earl C. Watham, et al, in
the deed recorded March 19, 1951 in Book 1298 at Page 120, and any interests therein or
rights thereunder.
• All of the oil, gas, coal and other minerals as reserved by N.K. Bickford in the deed
recorded April 28, 1950 in Book 1269 at Page 227, and any interests therein or rights
thereunder.
Note: Deed from N.K. Bickford to W. Lester Bashor also known as William Lester
Bashor recorded July 10, 1950 in Book 1274 at Page 344, conveys an undivided 1/2 of all
oil, gas, coal and other minerals.
• All minerals as conveyed to David Leslie Bashor, Clinton Neil Bashor, and William
Clyde Bashor in the deed recorded June 16, 1975 in Book 741 at Reception No. 1662855
and re-recorded July 21, 1975 in Book 743 at Reception No. 1665388, and any interest
therein or rights thereunder.
• Right-of-way, whether in fee or easement only, for a pipe line and additional pipe lines
and appurtenances, granted to Cities Service Gas Company by William Clyde Bashor and
Mae G. Bashor by instrument recorded March 7, 1979 in Book 862 at Reception No.
1783739, in which the specific location of the easement is not defined.
Note: Agreement recorded July 28, 1986 in Book 1121 at Reception No. 2062511.
• Right-of-way, whether in fee or easement only, for electric transmission line, as granted
to Tri-State Generation and Transmission Association Incorporated by William C.
Bashor, recorded February I, 1979 in Book 859 at Reception No. 1780524, affecting the
following described property:
As more particularly described in said instrument.
• Right-of-way, whether in fee or easement only, for a pipe line and additional pipe lines
and appurtenances, granted to Cities Service Gas Company by William Clyde Bashor and
Mac G. Bashor by instrument recorded July 20, 1978 in Book 839 at Reception No.
1760752, in which the specific location of the easement is not defined.
• Reservation of mineral rights and existing well as contained in deed recorded February
23, 2001 at Reception No. 2827659, and any interests therein or rights thereunder.
111111111111 IIIII 111111 IIII 1111111 !1111 III IIIII IIII IIII
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• Undivided I/3 interest in all minerals as conveyed to David Leslie Bashor, Clinton Neil
Bashor and Williams Clyde Bashor by instrument recorded June 16, 1975 in Book 741 at
Reception No. 1662855, re-recorded July 21, 1975 in Book 743 at Reception No.
1665388, and any interests therein or rights thereunder.
• All minerals as reserved by William Lester Bashor & Sons, Inc., a/k/a W. L. Bashor &
Sons, Inc., a Colorado Corporation in the deed recorded June 16, 1975 in Book 741 at
Reception No. 1662857, re-recorded July 21, 1975 in Book 743 at Reception No.
1665389 and any interests therein or rights thereunder.
• Mining lease between Clinton Neil Bashor, David Leslie Bashor, and William Clyde
Bashor and Ferret Exploration Company, Inc., a Delaware Corporation dated August 6,
1987, for a primary term of 10 years, recorded September 23, 1987 in Book 1171 at
Reception No. 02115327, and any interests therein or rights thereunder.
• Mining lease between Clinton Neil Bashor, David Leslie Bashor, and William Clyde
Bashor and Ferret Exploration Company, Inc., a Delaware Corporation dated August 6,
1987, for a primary term of 10 years, recorded September 23, 1987 in Book 1171 at
Reception No. 02115328, and any interest therein or rights, thereunder.
• Mining lease between Clinton Neil Bashor, David Leslie Bashor, and William Clyde
Bashor and Ferret Exploration Company, Inc., a Delaware Corporation dated August 6,
1987, for a primary term of 10 years, recorded March 11, 1988, in Book 1188 at
Reception No. 02133714, and any interests therein or rights thereunder.
Partial release of mining lease, recorded December 15, 1989 in Book 1251 at Reception
No. 02200328.
• Rights of way and easements for ditches including but not limited to: Freeman and
Randell Ditch, Baker and Emerson Ditch, Weymouth, Mitchell and Wetzler Ditch, Chase
Ditch, Mitchell and Weymouth Ditch, Mitchell and Wayno Ditch and Weymouth and
Landis Ditch.
• Any question, dispute or adverse claims as to any loss or gain of land as a result of any
change in the river bed location by other than natural causes, or alteration through
accretion, reliction, erosion or avulsion of the center thread, bank, channel or flow of
waters in Cache La Poudre River and Pine Creek lying within subject land; and any
question as to the location of such center thread, bed bank or channel as a legal
description monument or marker for purposes of describing or locating subject lands.
• Any rights, interest or easements in favor of the riparian owners, the State of Colorado,
the United States of America, or the general public, which exist, have existed, or are
claimed to exist in and over the waters and present and past bed and banks of Cache La
Poudre River and Pine Creek.
111111 1111 11111 ERIE 1111111 11111 III 11111 ENO
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• Reservation of right of way for any ditches or canals constructed by authority of the
United States, in U.S. Patent recorded January 30, 1894 in Book 86 at Page 122.
• Right(s) of way, including its terms and conditions, whether in fee or easement only, as
granted to Poudre Valley Rural Electric Association, as described in instrument recorded
March 13, 1963 in Book 1201 at Page 328 affecting the following described property:
N1/2 Sec. 1; S1/2 ofNl/2 of Sec. 2 and N1/2 of SW1/4 Sec. 2; and NE1/4 ofNE1/4 Sec.
2; NE1/4, /4, SE1/4 /4 Sec. 3, S of road, Twp. 9 N., R. 71.
• Right(s) of way, including its terms and conditions, whether in fee or easement only, as
granted to Poudre Valley Rural Electric Association, as described in instrument recorded
March 13, 1963 in Book 1201 at Page 329 affecting the following described property:
N1/2 NW1/4, /4, NW 1/4 NE1/4 Sec. 6, Twp. 9 N., R. 70W.
• Right(s) of way, including its terms and conditions, whether in fee or easement only, as
granted to Poudre Valley Rural Electric Association, as described in instrument recorded
March 13, 1963 at. Reception No. Book 1201 at Page 330 affecting the following
described property:
SW 1/4SW 1/4 Sec. 32, W1/2SE1/4 and SW1/4 Sec. 31, Twp. ION. R. 70W..
• Right(s) of way, including its terms and conditions, whether in fee or easement only, as
granted to Poudre Valley Rural Electric Association, as described in instrument recorded
April 5, 1974 in Book 1595 at Page 818 affecting the following described property:
SE1/4, S1/2 ofNE1/4 Sec. 36, Twp 10 N., Range 71 W.
• Right(s) of way, including its terms and conditions, whether in fee or easement only, as
granted to Poudre Valley Rural Electric Association, as described in instrument recorded
April 5, 1974 in Book 1595 at Page 819 affecting the following described property:
NEI/4 of Sec. 1, Twp. 9 N., R. 71 W.
• Terms, agreements, provisions, conditions and obligations as contained in Order,
Declaration of Organization and Decree of Formation recorded July 21, 1989 at
Reception No. 89032281 and August 7, 1989 at Reception No. 89034856.
• Terms, agreements, provisions, conditions and obligations as contained in Agreement for
Easement recorded March 3, 1993 at Reception No. 93013639.
• Terms, agreements, provisions, conditions and obligations as contained in Amended
Order and Judgment recorded March 27, 1998 at Reception No. 98023529.
I 1111111111111111111111 llil 1111111 lilt III 111111111 1111
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• Terms, agreements, provisions, conditions and obligations as contained in Easement
Agreement by and between Circle Ranches, Inc., and U S West Communications, Inc.
recorded April 17, 1998 at Reception No. 98030991.
• Right(s) of way, including its terms and conditions, whether in fee or easement only, for
an overhead and/or underground electric line or fiber optic system, as granted to Poudre
Valley Rural Electric Association, Inc., in instrument recorded July 17, 2000 at Reception
No. 2000047490, in which the specific location of the easement(s) is/are not defined.
• All rights to any and all minerals, ore and metals of any kind and character, and all coal,
asphaltum, oil, gas and other like substances in or under said land, the rights of ingress
and egress for the purposes of mining, together with enough of the surface of the same as
may be necessary for the proper and convenient working of such minerals and
substances, as reserved in Patent from the State of Colorado, recorded September 1, 2000
at Reception No. 2000060307, and any interests therein or rights thereunder.
Note: The following notices pursuant to CRS 9-I.5-103 concerning underground
facilities have been filed with the Clerk and Recorder and these statements are general
and do not necessarily give notice of underground facilities within the property, but to the
extent they do give such notice they are permitted encumbrances:
(a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 at
Reception No. 1870705.
(b) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 at
Reception No. 1979784.
(c) Associated Natural Gas, Inc., recorded April 10, 1989 in Book 1229 at Reception No.
2175917.
(d) Wiggins Telephone Association recorded October 14, 1992 in Book 1354 at
Reception No. 02306829.
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