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Home My WebLink About20130649.tiffDocuSign Envelope ID: O39:36E8-CDF9-4D7F-886C-7B61Co)A0620 The Group, Inc. 401 W Mulberry St Fort Collins, CO 80521 Phone: (970)221-0700 Fax: (970)221-0746 I The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. 2 I (CB541Uf 1) (Mandatory 1-12) 3 4 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR 5 OTHER COUNSEL BEFORE SIGNING. 6 7 8 9 10 11 12 13 CONTRACT TO BUY AND SELL REAL ESTATE (LAND) (IXI Property with No Residences) (❑ Property with Residences -Residential Addendum Attached) AGREEMENT Date: September 4, 2012 14 1. AGREEMENT. Buyer, identified in § 2.1, agrees to buy, and Seller, identified in Q 2.3, agrees to sell, the Property 15 described below on the Semis and conditions set forth in this contract (Contract). 16 2. PARTIES AND PROPERTY. 17 2.1. Buyer. Buyer, Christina Roth and Keith D. Roth, will take title to the Property 18 described below as IX] Joint Tenants ❑ Tenants In Common ❑ Other 19 2.2. Assignability and inurement This Contract ❑ Shall O Shall Not be assignable by Buyer without Seller's prior 20 written consent. Except as so restricted, this Contract shall inure to the benefit of and be binding upon the heirs, personal 21 representatives, successors and assigns of the parties_ 2223. Seller. Seller, James D. i Patricia A. Fox, is the current owner of the 23 Property described below. 24 2.4. Property. The Pmperty is the following legally described real estate in the County of Meld, Colorado: 25 PT BEd 32-5-64 Lot A REC EXEMPT RX-4275 26 27 28 29 known as No. t.b.d. CR 53 Kersey COLORADO 80644 State Zip Street Address City 30 31 together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto, and all interest of 32 Seller in vacated streets and alleys adjacent thereto, except as herein excluded (Property). 33 2.5. Inclusions. The Purchase Price includes the following items (inclusions): 34 2.5.1. Fixtures. An fixtures attached to the Property on the date of this Contract. 35 Other Fixtures: 36 37 38 If any fixtures are attached to the Property after the date of this Contract, such additional fixtures are also included in the Purchase 39 Price. 40 25.2. Personal Property. If on the Property whether attached or not on the dare of this Contract: 41 42 43 Other Personal Property: 44 45 46 The Personal Property to be conveyed at Closing shall be conveyed by Seller free and clear of all taxes (except CBS4.1611. CONTRACT TO BUY AND SELL REAL ESTATE (LAND) 9/4/201212:49 c I# Buyer initials Seller initials Page 1 of 16 r# DowSign Envelope ID: D39436EBLDF9-4D7F-8B6C-7B61000A0620 47 personal property taxes for the year of Closing), liens and encumbrances, except 48 Conveyance shall be by bill of sale or other applicable legal instrument. 49 253. Trade Fixtures. With respect to trade fixtures, Seller and Buyer agree as follows: 50 1. Any fencing in place goes with the property. 5I 52 The Trade Fixtures to be conveyed at Closing shall be conveyed by Seller free and clear of all taxes (except personal 53 property taxes for the year of Closing), liens and encumbrances, except _ _. Conveyance 54 shall be by bill of sale or other applicable legal instrument. 55 23.4. Water Rights, Water and Sewer Taps. 56 23.4.1. Deeded Water Rights. The following legally described water rights: 57 58 59 Any water rights shall be conveyed by Li Deed ❑ Other applicable legal instrument. 60 ❑ 2.5.4.2. Well Rights. If any water well is to be transferred to Buyer, Seller agrees to supply required 61 information about such well to Buyer. Buyer understands that if the well to be transferred is a Small Capacity Well or a Domestic 62 Exempt Water Well used for ordinary household purposes, Buyer shall, prior to or at Closing, complete a Change in Ownership 63 form 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 form 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 the 66 Division within sixty days after Closing. The Well Permit tt is 67 25.43. ❑ Water Stock Certificates: 68 69 70 2.5.4.4. ❑ Water Tap 0 Sewer Tap 71 Note: Buyer is advised to obtain, from the provider, written confirmation of the amount remalaing to be paid, if any, time 72 and other restrictions for transfer and use of the tap. 73 2.5.4.5. Other Rights: 74 75 76 255. Growing Crops. With respect to growing crops, Seller and Buyer agree as follows: 77 1. Any in place at time of close go to Buyer. 78 79 2.6. Exclusions. The following items are excluded (Exclusions): 80 1. Seller's personal property.. 81 82 3. DATES AND DEADLINES. Item No. 2 3 4 5 6 _ 7 8 9 10 11 Referencef Event § 4.2 Alternative Earnest Money Deadline Title and Association § 71 Record Title Deadline § 7.2 Exceptions Request Deadline 8.1 Record Title Objection Deadline § 8.2 Off -Record Title Deadline § 8.2 Off -Record Title Objection Deadline § 8.3 Title Resolution Deadline § 7.3 Association Documents Deadline _§ 7.3 Association Documents Objection Deadline § 8.5 Right of First Refusal Deadline § 10.1 Seler's Property Disclosure Seller's Property Disclosure Deadline Date or Deadline September 19, 2012 September 19, 2012 September 21, 2012 September 19, 2012 September 21, 2012 September 21, 2012 September 6, 2012 CBSHO-I1. CONTRACT TO BUY AND SELL REAL ESTATE (LAND) 9/4/2012 12:49 4. Page 2 of 16 Buyer inllfal+l ` Seiler initials DecoSign Envelope ID: 039436E8-CDF9-407F-B86C-7881 COOA0620 _ Loan and Credit 12 13 § 5.1 § 5.2-- § 53 Loan Application Deadline -- Loan Conditions Deadline _ 14 15 Buyer's Credit Information Deadline § 5.3 Disapproval of Buyer's Credit Information Deadline 16 17 _ § 5.4 Existing Loan Documents Deadline § 5.4 Existing Loan Documents Objection Deadline DI § 5.4 Loan Transfer Approval Deadline t9 Appraisal §6.2 Appraisal Deadline -- September 9, 2012 20 § 6.2 Appraisal Objection Deadline September 21, 2012 21 22 _ § 9.1 Survey September 19, 2012 Current Survey Deadline § 9.2 Current Survey Objection Deadline September 21, 2012 Inspection and Due Diligence 23 24 25 26 27 28 29 30 _ § 10.2 inspection Objection Deadline September 12, 2012 § 10.3 § 10.5 e3-10.6-- § 103 § 10.8 110.8 § 11.1 § 11.2 Inspection Resolution Deadline September 14, 2012 Property Insurance Objection Deadline September 12, 2012 Due Diligence Documents Delivery Deadline Due Diligence Documents Objection Deadline Environmental Inspection Objection Deadline ADA Evaluation Objection Deadline Tenant Estoppel Statements Deadline — — — 'tenant Estoppel Statements Objection Deadline 31 32 33 § 12.3 § 17 § 17 Closing and Possession Closing Date September 26, 2012 _ September 26, 2012 _ Possession Date 34 Possession Time at time of close 35 36 § 28 § 28 Acceptance Deadline Date _ _ _ Acceptance Deadline Time September._ 5_ _, 2012 12 noon 83 Note: Applicability of Terms. 84 Any box, blank or line in this Contract left blank or completed with the abbreviation "N/A", or the word "Deleted" means such 85 provision in Dates and Deadlines (§ 3), including any deadline, is not applicable and the corresponding provision of this Contract 86 to which reference is made is deleted_ 87 The abbreviation "MEC" (mutual execution of this Contract) means the date upon which both parties have signed this Contract. 88 4. PURCHASE PRICE AND TERMS. 89 4.1. Price and Terms. The Purchase Price set forth below shall be payable in U.S. Dollars by Buyer as follows: Item No. Reference Item Amount Amount $ .' 1 2 3 4 §4.1 § 4.2 § 4.5 Purchase Price 4— - _ I $ _ - 0.00 _ - -,. -__ -_ _ Earnest Money New Loan _-_ 1 . _ ` § 4.6 Assumption Balance 5 §4.7 Seller or Private Financing 6 ' 7 8 § 4.3 9 - $ ', A1fPQ, Cash at Closing TOTAL I. _..... _I_. $ ci3 eed-- 90 4.2. Earnest Money. The Earnest Money set forth in this section, in the form of n/a, 91 shall be payable to and held by (Earnest Money Holder), in its CBS -I -lull. CONTRACT TO BUY AND SELL REAL ESTATE. (LAND) 914/201212:49 w DF r" b2 Buyer Initin Seller iNtial¢ l Page 3 of 16 DocuSign Envelope la D39436E&CDF94D7F-8B6C-7B61COQA0620 92 trust account, on behalf of both Seller and Buyer. The Earnest Money deposit shall be tendered with this Contract unless the 93 parties mutually agree to an Alternative Earnest Money Deadline (§ 3) for its payment. If Earnest Money Holder is other than 94 the Brokerage Firm identified in § 33 or § 34, Closing Instructions signed by Buyer, Seller and Earnest Money Holder must be 95 obtained on or before delivery of Earnest Money to Earnest Money Holder. The parties authorize delivery of the Earnest Money 96 deposit to the company conducting the Closing (Closing Company), if any, at or before Closing. In the event Earnest Money 97 Holder has agreed to have interest on Earnest Money deposits transferred to a fund established for the purpose of providing 98 affordable housing to Colorado residents, Seller and Buyer acknowledge and agree that any interest accruing on the Earnest 99 Money deposited with the Earnest Money Holder in this transaction shall be transferred to such fund. 100 42.1. Alternative Earnest Money Deadline. The deadline for delivering the Earnest Money, if other than at the 101 time of tender of this Contract is as set forth as the Alternative Earnest Money Deadline (§ 3). 102 4.2.2. Return of Earnest Money. If Buyer has a Right to Terminate this Contract and timely terminates, Buyer shall he 103 entitled to the return of Earnest Money as provided in this Contract. If this Contract is terminated as set forth in § 25 and, except as 104 provided in § 24, if the Earnest Money has not already been returned following receipt of a Notice to Terminate, Seller agrees to 105 execute and return to Buyer or Broker working with Buyer, written mutual instructions, i.e., Earnest Money Release form, within 106 three days of Seller's receipt of such form. 107 4.3. Form of Funds; Time of Payment; Funds Available. 108 43.1. Good Funds. All amounts payable by the parties at Closing, including any loan proceeds, Cash at Closing 109 and closing costs, shall be in funds that comply with all applicable Colorado laws, including electronic transfer funds, certified 110 check, savings and loan teller's check and cashier's check (Good Funds). 111 43.2. Available Funds. All funds required to be paid at Closing or as otherwise agreed in writing between the 112 parties shall be timely paid to allow disbursement by Closing Company at Closing OR SUCH PARTY SHALL BE iN DEFAULT. 113 Buyer represents that Buyer, as of the date of this Contract, IJ Does [1 Does Not have funds that are immediately verifiable and 114 available in an amount not less than the amount stated as Cash at Closing in § 4.1. 115 4.4. Seller Concession. Seller, at Closing, shall credit, as directed by Buyer, an amount of $ 0.00 to assist 116 with Buyer's closing costs (Seller Concession). Seller Concession is in addition to any sum Seller has agreed to pay or credit 117 Buyer elsewhere in this Contract. Seller Concession shall be reduced to the extent it exceeds the amount allowed by Buyer's lender 118 as set forth in the Closing Statement or HUD -1, at Closing. 119 4.5. New Loan. OMITTED AS INAPPLICABLE. 131 4.6. Assumption. OMITTED AS INAPPLICABLE. 144 4.7. Seller or Private Financing. OMITTED AS INAPPLICABLE. 162 TRANSACTION PROVISIONS 163 5. FINANCING CONDITIONS AND OBLIGATIONS. 164 5.1. Loan Application. If Buyer is to pay all or pan of the Purchase Price by obtaining one or more new loans (New 165 Loan), or if an existing loan is not to be released at Closing, Buyer, if required by such lender, shall make an application verifiable 166 by such lender, on or before Loan Application Deadline (§ 3) and exercise reasonable efforts to obtain such loan or approval. 167 5.2. Loan Conditions. if Buyer is to pay all or part of the Purchase Price with a New Loan, this Contract is conditional 168 upon Buyer determining, in Buyer's sole subjective discretion, whether the New Loan is satisfactory to Buyer, including its t69 availability, payments, interest rate, terms, conditions and cost of such New Loan. This condition is for the benefit of Buyer. 170 Buyer shall have the Right to Terminate under *25.1, on or before Loan Conditions Deadline (§ 3), if the New Loan is not 171 satisfactory to Buyer, in Buyer's sole subjective discretion. IF SELLER DOES NOT TIMELY RECEIVE WRITTEN NOTICE 172 TO TERMINATE, BUYER'S EARNEST MONEY SHALL RE NONREFUNDABLE, except as otherwise provided in this 173 Contract (e.g., Appraisal, Title, Survey). 174 5.3. Credit Information and Buyer's New Senior Loan. If Buyer is to pay all or part of the Purchase Price by 175 executing a promissory note in favor of Seller, or if an existing loan is not to be released at Closing, this Contract is conditional 176 (for the benefit of Seller) upon Seller's approval of Buyer's financial ability and creditworthiness, which approval shall be at 177 Seller's sole subjective discretion. In such case: (I) Buyer shall supply to Seller by Buyer's Credit Information Deadline (§ 3), 178 at Buyer's expense, information and documents (including a current credit report) concerning Buyer's financial, employment and 179 credit condition and Buyer's New Senior Loan, defined below, if any; (2) Buyer consents that Seller may verify Buyer's financial 180 ability and creditworthiness; (3) any such information and documents received by Seller shall be hold by Seller in confidence, and 181 not released to others except to protect Seller's interest in this transaction; and (4) in the event Buyer is to execute a promissory 182 note secured by a deed of trust in favor of Seller, this Contract is conditional (for the benefit of Seller) upon Seller's approval of 183 the terms and conditions of any New Loan to be obtained by Buyer if the deed of trust to Seller is to be subordinate to Buyer's 184 New Loan (Buyer's New Senior Loan). If the Cash at Closing is less than as set forth in § 4.1 of this Contract or Buyer's New CBS1-1,11. CONNTRACt' TO BUY AND SELL REAL ESTATE (LAND) 9/4/2012 12'49 Page 4nf 16 r C&DF Buyer Initial Sella initials DocuSign Envelope ID: 039436E8-CDF9-4D7F-8860-7881(X1000820 185 Senior Loan changes from that approved by Seller, Seller shall have the Right to Terminate under § 25.1, at or before Closing. If 186 Seller disapproves of Buyer's financial ability, creditworthiness or Buyer's New Senior Loan, in Seller's sole subjective discretion, 187 Seller shall have the Right to Terminate under § 25.1, on or before Disapproval of Buyer's Credit Information Deadline (§ 3). 188 5.4. Existing Loan Review. If an existing loan is not to be released at Closing, Seller shall deliver copies of the loan 189 documents (including note, deed of trust, and any modifications) to Buyer by Existing Loan Documents Deadline (§ 3). For the 190 benefit of Buyer, this Contract is conditional upon Buyer's review and approval of the provisions of such loan documents. Buyer 191 shall have the Right to Terminate under § 25.1, on or before Existing Loan Documents Objection Deadline (§ 3), based on any 192 unsatisfactory provision of such loan documents, in Buyer's sole subjective discretion. If the lender's approval of a transfer of the 193 Property is required, this Contract is conditional upon Buyer's obtaining such approval without change in the terms of such loan, 194 except as set forth in § 4.6. if lender's approval is not obtained by Loan Transfer Approval Deadline (§ 3), this Contract shall 195 terminate on such deadline. Seller shall have the Right to Terminate under § 25.1, on or before Closing, in Seller's sole subjective 196 discretion, if Seller is to be released from liability under such existing loan and Buyer does not obtain such compliance as set forth 197 in §4.6. 198 6. APPRAISAL PROVISIONS. 199 6.1. Lender Property Requirements. If the lender imposes any requirements or repairs (Requirements) to be made to 200 the Property (e.g., roof repair, repainting), beyond those matters already agreed to by Seller in this Contract, Seller shall have the 201 Right to Terminate under § 25.1, (notwithstanding § 10 of this Contract), on or before three days following Seller's receipt of the 202 Requirements, based on any unsatisfactory Requirements, in Seller's sole subjective discretion. Seller's Right to Terminate in this 203 § 6.1 shall not apply if, on or before any termination by Seller pursuant to this § 6.L: (1) the parties enter into a written agreement 204 regarding the Requirements; or (2) the Requirements have been completed; or (3) the satisfaction of the Requirements is waived in 205 writing by Buyer. 206 6.2. Appraisal Condition. The applicable Appraisal provision set forth below shall apply to the respective loan type set 207 forth in § 4.5.3, or if a cash transaction, i.e. no financing, § 6.2.1 shall apply. 208 6.2.1. Conventional/Other. Buyer shall have the sole option and election to terminate this Contract if the 209 Property's valuation is less than the Purchase Price determined by an appraiser engaged on behalf of Buyer. 210 The appraisal shall be received by Buyer or Buyer's lender on or before Appraisal Deadline (§ 3). Buyer shall have the Right to 211 Terminate under § 25.1, on or before Appraisal Objection Deadline (§ 3), if the Property's valuation is less than the Purchase 212 Price and Seller's receipt of either a copy of such appraisal or written notice from lender that confirms the Property's valuation is 213 less than the Purchase Price. 214 6.3. Cost of Appraisal. Cost of any appraisal to he obtained after the date of this Contract shall be timely paid by 215 0 Buyer ❑ Seller. 216 7. EVIDENCE OF TITLE AND ASSOCIATION DOCUMENTS. 217 7.1, Evidence of Title. On or before Record Title Deadline (§ 3), Seller shall cause to be furnished to Buyer, at Seller's 218 expense, a current commitment for owner's title insurance policy (Title Commitment) in an amount equal to the Purchase Price, or 219 if this box is checked, ❑ An Abstract of title certified to a current date. If title insurance is furnished, Seller shall also deliver to 220 Buyer copies of any abstracts of title covering all or any portion of the Property (Abstract) in Seller's possession. At Seller's 221 expense, Seller shall cause the title insurance policy to be issued and delivered to buyer as soon as practicable at or after Closing. 222 The title insurance commitment © Shall ❑ Shall Not commit to delete or insure over the standard exceptions which relate to: 223 (1) parties in possession, (2) unrecorded easements, (3) survey matters, (4) unrecorded mechanics' liens, (5) gap period (effective 224 date of commitment to date deed is recorded), and (6) unpaid taxes, assessments and unredeemed tax sales prior to the year of 225 Closing. Any additional premium expense to obtain this additional coverage shall be paid by O Buyer ® Seller_ 226 Note: The title insurance company may not agree to delete or insure over any or all of the standard exceptions. Buyer shall have 227 the right to review the Title Commitment, its provisions and Title Documents (defined in § 7.2), and if not satisfactory to Buyer, 228 Buyer may exercise Buyer's rights pursuant to § 8.1. 229 7.2. Copies of Exceptions. On or before Record Title Deadline (§ 3), Seller, at Seller's expense, shall furnish to Buyer 230 and Jack Taylor, The Group, Inc. , (1) copies of any plats, declarations, covenants, conditions and restrictions burden- ing 231 the Property, and (2) if a Title Commitment is required to be furnished, and if this box is checked l Copies of any Other 232 Documents (or, if illegible, summaries of such documents) listed in the schedule of exceptions (Exceptions). Even if the box is not 233 checked, Seller shall have the obligation to furnish these documents pursuant to this section if requested by Buyer any time on or 234 before Exceptions Request Deadline (§ 3). This requirement shall pertain only to documents as shown of record in the office of 235 the clerk and recorder in the county where the Property is located. The Abstract or Title Commitment, together with any copies or 236 summaries of such documents furnished pursuant to this section, constitute the title documents (collectively, Title Documents). 237 7.3. Homeowners' Association Documents. The term Association Documents consists of all owners' associations 238 (Association) declarations, bylaws, operating agreements, rules and regulations, party wall agreements, minutes of most recent annual CBS4-10.71. CONTRACT TO BUY AND SELL REAL ESTATE (LAND) 9/4/2012 12:49 Page 5 or 16 r5WA rPo.F9b.a hover Initiits Sella Initials t ClocuSign Envelope ID' D39436E0-COF9-4D7F-BB6C-7B61C00A0620 239 owners' meeting and minutes of any directors' or managers' meetings during the six-month period immediately preceding the date of 240 this Contract, if any (Governing Documents), most recent financial documents consisting of (1) annual balance sheet, (2) annual 241 income and expenditures statement, and (3) annual budget (Financial Documents), if any (collectively, Association Documents). 242 7.3.1. Common Interest Community Disclosure. THE PROPERTY IS LOCATED WITHIN A COMMON 243 INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR SUCH COMMUNITY. THE OWNER 244 OF THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNER'S ASSOCIATION FOR THE 245 COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE 246 ASSOCIATION. THE DECLARATION, BYLAWS, AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL 247 OBLIGATIONS UPON THE OWNER OF THE PROPERTY, INCLUDING AN OBLIGATION TO PAY 248 ASSESSMENTS OF THE ASSOCIATION. iF THE OWNER DOES NOT PAY THESE ASSESSMENTS, THE 249 ASSOCIATION COULD PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT. THE 250 DECLARATION, BYLAWS, AND RULES AND REGULATIONS OF THE COMMUNITY MAY PROHIBIT THE 251 OWNER FROM MAKING CHANGES TO THE PROPERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE 252 ASSOCIATION (OR A COMMITTEE OF THE ASSOCIATION) AND THE APPROVAL OF THE ASSOCIATION. 253 PURCHASERS OF PROPERTY WITHIN THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE THE 254 FINANCIAL OBLIGATIONS OF MEMBERS OF THE ASSOCIATION. PURCHASERS SHOULD CAREFULLY 255 READ THE DECLARATION FOR THE COMMUNITY AND THE BYLAWS AND RULES AND REGULATIONS OF 256 THE ASSOCIATION. 257 73.2. Association Documents to Buyer. 258 LI 7.3.2.1. Seller to Provide Association Documents. Seller shall cause the Association Documents to be 259 provided to Buyer, at Seller's expense, on or before Association Documents Deadline (§ 3). 260 ❑ 73.2.2. Seller Authorizes Association. Seller authorizes the Association to provide the Association 26) Documents to Buyer, at Seller's expense. 262 7.3.2.3. Seller's Obligation. Seller's obligation to provide the Association Documents shall be fulfilled 263 upon Buyer's receipt of the Association Documents, regardless of who provides such documents. 264 Note: If neither box in this § 7.3.2 is checked, the provisions of § 7.3.2.1 shall apply. 265 73.3. Conditional on Buyer's Review. If the box in either § 7.3.2.1 or § 7.3.2.2 is checked, the provisions of this 266 § 7.3.3 shall apply. Buyer shall have the Right to Terminate under § 25.1, on or before Association Documents Objection 267 Deadline (§ 3), based on any unsatisfactory provision in any of the Association Documents, in Buyer's sole subjective discretion. 268 Should Buyer receive the Association Documents after Association Documents Deadline (§ 3). Buyer, at Buyer's option, shall 269 have the Right to Terminate under § 25.1 by Buyer's Notice to Terminate received by Seller on or before ten days after Buyer's 270 receipt of the Association Documents. If Buyer does net receive the Association Documents, or if Buyer's Notice to Terminate 271 would otherwise be required to be received by Seller after Closing Dale (§ 3), Buyer's Notice to Terminate shall be received by 272 Seller on or before three days prior to Closing Date (§ 3). If Seller does not receive Buyer's Notice to Terminate within such time, 273 Buyer accepts the provisions of the Association Documents as satisfactory, and Buyer waives any Right to Terminate under this 274 provision, notwithstanding the provisions of § 8.5. 275 8. RECORD TITLE AND OFF -RECORD TITLE MATTERS. 276 8.1. Record Title Matters. Buyer has the right to review and object to any of the Title Documents (Right to Object, 277 Resolution), as set forth in § 8.3. Buyer's objection may be based on any unsatisfactory form or content of Tide Commitment, 278 notwithstanding § 13, or any other unsatisfactory title condition, in Buyer's sole subjective discretion. If Buyer objects to any of 279 the Title Documents, Buyer shall cause Seller to receive Buyer's Notice to Terminate or Notice of Title Objection on or before 280 Record Title Objection Deadline (§ 3). If Title Documents are not received by Buyer, on or before the Record Title Deadline 281 (§ 3), or if there is an endorsement to the Title Commitment that adds a new Exception to title, a copy of the new Exception to title 282 and the modified Title Commitment shall be delivered to Buyer. Buyer shall cause Seller to receive Buyer's Notice to Terminate 283 or Notice of Title Objection on or before ten days after receipt by Buyer of the following documents: (I) any required Title 284 Document not timely received by Buyer, (2) any change to the Title Documents, or (3) endorsement to the Title Commitment. If 285 Seller receives Buyer's Notice to Terminate or Notice of Title Objection, pursuant to this § 8.1 (Record Title Matters), any title 286 objection by Buyer and this Contract shall be governed by the provisions set forth in § 8.3 (Right to Object, Resolution). If Seller 287 does not receive Buyer's Notice to Terminate or Notice of Title Objection by the applicable deadline specified above, Buyer 288 accepts the condition of title as disclosed by the Title Documents as satisfactory. 289 8.2. Off -Record Title Matters. Seller shall deliver to Buyer, on or before OR -Record Title Deadline (§ 3) true copies 290 of all existing surveys in Seller's possession pertaining to the Property and shall disclose to Buyer all easements, liens (including, 291 without limitation, governmental improvements approved, but not yet installed) or other title matters (including, without 292 limitation, rights of first refusal and options) not shown by public records, of which Seller has actual knowledge. Buyer shall have 293 the right to inspect the Property to investigate if any third party has any right in the Property not shown by public records (such as 294 an unrecorded easement, unrecorded lease, boundary line discrepancy or water rights). Buyer's Notice to Terminate or Notice of CBS4-16-11. CONTRACT TO BUY AND SELL REAL ESTATE (LAND) 914/2012 12:49 Page 6 of 16 c 6A �a Buyer initial Seller initials DocuSign Envelope ID: D39436E6-COF9-4D7F-886C-7861C00A0620 295 Title Objection of any unsatisfactory condition (whether disclosed by Seller or revealed by such inspection, notwithstanding § 13), 296 in Buyer's sole subjective discretion, shall be received by Seller on or before Off -Record Title Objection Deadline (§ 3). If Seller 297 receives Buyer's Notice to Terminate or Notice of Title Objection pursuant to this § 8.2 (Off -Record Title Matters), any title 298 objection by Buyer and this Contract shall be governed by the provisions set forth in § 8.3 (Right to Object, Resolution). If Seller 299 dues not receive Buyer's Notice to Terminate or Notice of Title Objection, on or before Of! Record Title Objection Deadline 300 (§ 3), Buyer accepts title subject to such rights, if any, of third parties of which Buyer has actual knowledge 301 8.3. Right to Object, Resolution. Buyer's right to object to any title matters shall include, but not be limited to those 302 matters set forth in §§ 8.1 (Record Title Matters), 8.2 (Off -Record Title Matters) and 13 (Transfer of Title), in Buyer's sole 303 subjective discretion (collectively, Notice of Tide Objection). If Buyer objects to any title matter, on or before the applicable 304 deadline, Buyer shall have the choice to either (1) object to the condition of title, or (2) terminate this Contract. 305 83.1. Title Resolution. If Seller receives Buyer's Notice of Tide Objection, as provided in § 8.1 (Record Title 306 Matters) or § 8.2 (Off -Record Title Matters), on or before the applicable deadline, and if Buyer and Seller have not agreed to a 307 written settlement thereof on or before Title Resolution Deadline (§ 3), this Contract shall terminate on the expiration of Title 308 Resolution Deadline (§ 3), unless Seller receives Buyer's written withdrawal of Buyer's Notice of Title Objection (i.e., Buyer's 309 written notice to waive objection to such items and waives the Right to Terminate for that reason), on or before expiration of Title 310 Resolution Deadline (§ 3). 311 83.2. Right to Terminate — Title Objection. Buyer shall have the Right to Terminate under § 25.1, on or 312 before the applicable deadline, based on any unsatisfactory title matter, in Buyer's sole subjective discretion. 313 8.4. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION 314 INDEBTEONF_SS THAT LS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE 315 PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY RE PLACED AT RISK 316 FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE 317 CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH 318 INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYERS SHOULD INVESTIGATE THE 319 SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE COUNTY 320 TREASURER, BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY, AND BY OBTAINING 321 FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND 322 RECORDER, OR THE COUN'T'Y ASSESSOR. 323 Buyer shall have the Right to Terminate under § 25.1, on or before Off -Record Title Objection Deadline (§ 3), based on 324 any unsatisfactory effect of the Property being located within a special taxing district, in Buyer's sole subjective discretion. 325 8.5. Right of First Refusal or Contract Approval. If there is a right of first refusal on the Property, or a right to 326 approve this Contract, Seller shall promptly submit this Contract according to the terms and conditions of such right. If the holder 327 of the right of first refusal exercises such right or the holder of a right to approve disapproves this Contact, this Contract shall 328 terminate. If the right of first refusal is waived explicitly or expires, or the Contract is approved, this Contract shall remain in full 329 force and effect. Seller shall promptly notify Buyer in writing of the foregoing. If expiration or waiver of the right of first refusal 330 or Contract approval has not occurred on or before the Right of First Refusal Deadline (§ 3), this Contract shall then terminate. 331 8.6. Title Advisory. The Title Documents affect the tide, ownership and use of the Property and should be reviewed 332 carefully. Additionally, other matters not reflected in the Title Documents may affect the title, ownership and use of the Property, 333 including, without limitation, boundary lines and encroachments, area, zoning, unrecorded easements and claims of easements, 334 leases and other unrecorded agreements, and various laws and governmental regulations concerning land use, development and 335 environmental matters. The surface estate may be owned separately from the underlying mineral estate, and transfer of the 336 surface estate does not necessarily include transfer of the mineral rights or water rights. Third parties may hold interests in 337 oil, gas, other minerals, geothermal energy or water on or under the Property, which interests may give them rights to 338 enter and use the Property. Such matters may be excluded from or not covered by the title insurance policy. Buyer is advised to 339 timely consult legal counsel with respect to all such matters as there are strict time limits provided in this Contract [e.g., Record 340 Title Objection Deadline (§ 3) and Off -Record Title Objection Deadline (§ 3)1. 341 9. CURRENT SURVEY REVIEW. 342 9.1. Current Survey Conditions. If the box in § 9.1.1 or § 9.1.2 is checked, Buyer, the issuer of the Title Commitment 343 or the provider of the opinion of title if an abstract, and Jack Taylor, The Group, Inc. shall receive a Current Survey, i.e., 344 Improvement Location Certificate, Improvement Survey Plat or other form of survey set forth in § 9.1.2 (collectively, Current 345 Survey), on or before Current Survey Deadline (§ 3). The Current Survey shall be certified by the surveyor to all those who are 346 to receive the Current Survey. 347 ❑ 9.1.1. Improvement Location Certificate. If the box in § 9.1.1 is checked, t.7 Seller Li Buyer shall order 348 or provide, and pay, on or before Closing, the cost of an Improvement Location Certtlflcate. 349 ❑X 9.1.2. Other Survey. If the box in this § 9.1.2 is checked, a Current Survey, other than an Improvement Location CB.S4-11.11. CONTRACT TO BUY AND SELL REAL ESTATE(LAND) 9/4/2012 12:49 Page 7 of Ifi EIa 1-P° Buyer Initials Seller W tlalr DocuSign Envelope ID: D39436EB-CDF9-407F-886C-7861C00A0620 350 Certificate, shall be an LI improvement Survey Plat [i . The parties agree that payment of the cost of 351 the Current Survey and obligation to order or provide the Current Survey shall he as follows: 352 1. Seller will provide Buyer with the survey tram the recorded exemption. 353 354 355 9.2. Survey Objection. Buyer shall have the right to review and object to the Current Survey. Buyer shall have the Right 356 to Terminate under § 25.1, on or before the Current Survey Objection Deadline (§ 3), if the Current Survey is not timely 357 received by Buyer or based on any unsatisfactory matter with the Current Survey, notwithstanding § 8.2 or § 13, 358 DISCLOSURE, INSPECTION AND DUE DILIGENCE 359 10. PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY, DUE DILIGENCE, AND SOURCE 360 OF WATER. 361 10.1. Seller's Property Disclosure Deadline. On or before Seller's Properly Disclosure Deadline (§ 3), Seller agrees to 362 deliver to Buyer the most current version of the applicable Colorado Real Estate Commission's Seller's Property Disclosure form 363 completed by Seller to Seller's actual knowledge, current as of the date of this Contract. 354 10.2. Inspection Objection Deadline. Unless otherwise provided in this Contract, Buyer acknowledges that Seller is 365 conveying the Property to Buyer in an "as is" condition, "where is" and "with all faults". Seller shall disclose to Buyer, in writing, 366 any latent defects actually known by Seller. Buyer, acting in good faith, shall have the right to have inspections (by one or more 367 third parties, personally, or both) of the Property and Inclusions (Inspection), at Buyer's expense. If (I) the physical condition of 368 the Property, including, but not limited to, the roof, walls, structural integrity of the Property, the electrical, plumbing, HVAC and 369 other mechanical systems of the Property, (2) the physical condition of the Inclusions. (3) service to the Property (including 370 utilities and communication services), systems and components of the Property, e.g. heating and plumbing, (4) any proposed or 371 existing transportation project, road, street or highway, or (5) any other activity, odor or noise (whether on or off the Property) and 372 its effect or expected effect on the Property or its occupants is unsatisfactory, in Buyer's sole subjective discretion, Buyer shall, on 373 or before Inspection Objection Deadline (§ 3): 374 10.2.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated; or 375 10.2.2. Inspection Objection. Deliver to Seller a written description of any unsatisfactory physical condition that 376 Buyer requires Seller to correct. 377 Buyer shall have the Right to Terminate under § 25.1, on or before Inspection Objection Deadline (§ 3), based on any 378 unsatisfactory physical condition of the Property or Inclusions, in Buyer's sole subjective discretion. 379 10.3. Inspection Resolution Deadline. if an Inspection Objection is received by Seller, on or before inspection 380 Objection Deadline (§ 3), and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Inspection 381 Resolution Deadline (§ 3), this Contract shall terminate on Inspection Resolution Deadline (§ 3), unless Seller receives Buyer's 382 written withdrawal of the Inspection Objection before such termination, i.e., on or before expiration of inspection Resolution 383 Deadline (§ 3). 384 10.4. Damage, Liens and Indemnity. Buyer. except as otherwise provided in this Contract or other written agreement 385 between the parties, is responsible for payment for all inspections, tests, surveys, engineering reports, or any other work performed 386 at Buyer's request (Work) and shall pay for any damage that occurs to the Property and Inclusions as a result of such Work. Buyer 387 shall not permit claims or liens of any kind against the Property for Work performed on the Property at Buyer's request. Buyer 388 agrees to indemnify, protect and hold Seller harmless from and against any liability, damage, cost or expense incurred by Seller 389 and caused by any such Work, claim, or lien. 'this indemnity includes Seller's right to recover all costs and expenses incurred by 390 Seller to defend against any such liability, damage, cost or expense, or to enforce this section. including Seller's reasonable 391 attorney fees, legal fees and expenses. The provisions of this section shall survive the termination of this Contract. 392 10.5. Insurability. Buyer shall have the right to review and object to the availability. terms and conditions of and 393 premium for property insurance (Property Insurance). Buyer shall have the Right to Terminate under § 25.1, on or before Property 394 Insurance Objection Deadline (§ 3), based on any unsatisfactory provision of the Property Insurance, in Buyer's sole subjective 395 discretion. 396 10.6. Due Diligence Documents. Seller agrees to deliver copies of the following documents and information pertaining to 397 the Property (Due Diligence Documents) to Buyer on or before Due Diligence Documents Delivery Deadline (§ 3) to the extent 398 such Due Diligence Documents exist and are in Seller's possession: 399 10.6.1. All contracts relating to the operation, maintenance and management of the Property; 400 19.6.2. Property tax bills for the last _ years: 4W 11.63. As -built construction plans to the Property and the tenant improvements, including architectural, electrical. 402 mechanical, and structural systems; engineering reports; and permanent Certificates of Occupancy, to the extent now available; 403 10.6.4. A list of all Inclusions to be conveyed to Buyer; 404 10.6.5. Operating statements for the past years; CBS4-161 I. CONTRACT TO BUY AND SELL REAL ESTATE (LAND) 9742012 12:49 Page S of 16 c kDr p a fgoa Buyer kilns Seller initials DotuSign Envelope ID: D39436E8-CDF9-4D7fAB6C-796 I C00A0620 405 10.6.6. A rent roll accurate and correct to the date of this Contract; 406 10.6.7. All current leases, including any amendments or other occupancy agreements, pertaining to the Property 407 (Leases); 408 10.6.8. A schedule of any tenant improvement work Seller is obligated to complete but has not yet completed and 409 capital improvement work either scheduled or in process on the date of this Contract; 410 10.6.9. All insurance policies pertaining to the Property and copies of any claims which have been made for the past 411 years; 412 10.6.10. Soils reports, Surveys and engineering reports or data pertaining to the Property (if not delivered earlier 413 under § 8.2); 414 10.6.11. Any and all existing documentation and reports regarding Phase I and II environmental reports, letters, lest 415 results, advisories, and similar documents respective to the existence or nonexistence of asbestos, PCB transformers, or other toxic 416 hazardous or contaminated substances, and/or underground storage tanks and/or radon gas_ If no reports arc in Seller's possession 417 or known to Seller, Seller shall warrant that no such reports are in Seller's possession or known to Seller; 418 10.6.12. Any Americans with Disabilities Act reports, studies or surveys concerning the compliance of the Property 419 with said Act; 420 10.6.13. All permits, licenses and other building or use authorizations issued by any governmental authority with 421 jurisdiction over the Property and written notice of any violation of any such permits, licenses or use authorizations, if any; and 422 10.6.14. Other Documents: 423 10.7. Due Diligence Documents Conditions. Buyer shall have the right to review and object to Due Diligence 424 Documents, zoning and any use restrictions imposed by any governmental agency with jurisdiction over the Property (Zoning), in 425 Buyer's sole subjective discretion, or Seller's failure to deliver to Buyer all Due Diligence Documents. Buyer shall also have the 426 unilateral right to waive any condition herein. 427 10.7.1. Due Diligence Documents Objection. Buyer shall have the Right to Terminate under § 25.1, un or before 428 Due Diligence Documents Objection Deadline (§ 3), based on any unsatisfactory matter with the Due Diligence Documents in 429 Buyer's sole subjective discretion, If, however, Due Diligence Documents are not timely delivered under § 10.6, or if Seller fails to 430 deliver all Due Diligence Documents to Buyer, then Buyer shall have the Right to Terminate under § 25.1 on or hefore the earlier of 431 ten days after Due Diligence Documents Objection Deadline (§ 3) or Closing. 432 10.72. Zoning. Buyer shall have the Right to Terminate under § 25.1, on or before Due Diligence Documents 433 Objection Deadline (§ 3), based on any unsatisfactory zoning, in Buyer's sole subjective discretion. 434 10,7.3. Source of Potable Water (Residential Land and Residential improvements Only). Buyer ❑ Does 435 ❑R Does Not acknowledge receipt of a copy of Seller's Property Disclosure or Source of Water Addendum disclosing the source 436 of potable water for the Property. Buyer ❑ Does GO Does Not acknowledge receipt of a copy of the current well permit. 437 © There is No Well. 438 Note to Buyer; SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUND 439 WATER. YOU MAY WISH TO CONTACT YOUR PROVIDER (OR INVESTIGATE THE DESCRIBED SOURCE) TO 440 DETERMINE TFiE LONGTERM SUFFICIENCY OF THE PROVIDER'S WATER SUPPLIES. 441 10.8. Due Diligence — Environmental, ADA. Buyer shall have the right to obtain environmental inspections of the 442 Property including Phase I and Phase II Environmental Site Assessments, as applicable. ❑ Seller [] Buyer shall order or 443 provide ❑ Phase I Environmental Site Assessment, ❑ Phase D Environmental Site Assessment (compliant with ASTM 444 E1527-05 standard practices for Environmental Site Assessments) and/or ❑ , at the expense of ❑ Seller 445 ❑ Boyer (Environmental Inspection). In addition, Buyer may also conduct an evaluation whether the Property complies with the 446 Americans with Disabilities Act (ADA Evaluatinn)_ All such inspections and evaluations shall be conducted at such times as are 447 mutually agreeable to minimize the interruption of Seller's and any Seller's tenants' business uses of the Property, if any. 448 If Buyer's Phase I Environmental Site Assessment recommends a Phase IT Environmental Site Assessment, the 449 Environmental Inspection Objection Deadline (§ 3) shall be extended by days (Extended Environmental Inspection 450 Objection Deadline) and if such Extended Environmental Inspection Objection Deadline extends beyond the Closing Date (§ 3), 451 the Closing Date (§ 3) shall be extended a like period of time. 452 Buyer shall have the Right to Terminate under § 25.1, on or before Environmental Inspection Objection Deadline (§ 3), or 453 if applicable the Extended Environmental Inspection Objection Deadline, based on any unsatisfactory results of Environmental 454 Inspection, in Buyer's sole subjective discretion. 455 Buyer shall have the Right to Terminate under § 25.1, on or before ADA Evaluation Objection Deadline (§ 3), based on 456 any unsatisfactory ADA Evaluation, in Buyer's sole subjective discretion. 457 10.9. Existing Leases; Modification of Existing Leases; New Leases. Seller states that none of the Leases to be assigned 458 to the Buyer at the time of Closing contain any rent concessions, rent reductions or rent abatements except as disclosed in the 459 Lease or other writing received by Buyer. Seller shall not amend, alter, modify, extend or cancel any of the leases nor shall Seller 460 enter into any new leases affecting the Property without the prior written consent of Buyer, which consent shall not be 461 unreasonably withheld or delayed. CBs4-10nn. CONTRACT TO BUY AND SELL REAL ESTATE(LAND) 9/4/2012 12:49 Pagc 9 of 16 11's Boyer initial Seiler initials DocuSign Envelope ID: D39436E&CDF94D7F-8R6c-7B61Co0A0620 462 I I. TENANT ESTOPPEL STATEMENTS. 463 11.1. Tenant Estoppel Statements Conditions. Buyer shall have the right to review and object to any Estoppel 464 Statements. Seller shall obtain and deliver to Buyer on or before Tenant Estoppel Statements Deadline (§ 3), statements in a 465 form and substance reasonably acceptable to Buyer, from each occupant or tenant at the Property (Estoppel Statement) attached to 466 a copy of such occupant's or tenant's lease and any amendments (Lease) stating: 467 11.1.1. The commencement date of the Lease and scheduled termination date of the Lease; 468 11.1.2. That said Lease is in full force and effect and that there have been no subsequent modifications or 469 amendments; 470 11.13. The amount of any advance rentals paid, rent concessions given, and deposits paid to Seller; 471 11.1.4. The amount of monthly (or other applicable period) rental paid to Seller; 472 11.1.5. That there is no default under the terms of said Lease by landlord or occupant; and 473 11.1.6. That the Lease to which the Estoppel is attached is a true, correct and complete copy of the Lease demising 474 the premises it describes. 475 11.2. Tenant Estoppel Statements Objection. Buyer shall have the Right to Terminate under § 25.1, on or before 476 Tenant Estoppel Statements Objection Deadline (§ 3), based on any unsatisfactory Estoppel Statement, in Buyer's sole 477 subjective discretion or if Seller fails to deliver the Estoppel Statements on or before Tenant Estoppel Statements Deadline (§ 3). 478 Buyer shall also have the unilateral right to waive any unsatisfactory Estoppel Statement. 479 CLOSING PROVISIONS 480 12. CLOSING DOCUMENTS, INSTRUCTIONS AND CLOSING. 481 12.1. Closing Documents and Closing Information Seller and Buyer shall cooperate with the Closing Company to 482 enable the Closing Company to prepare and deliver documents required for Closing to Buyer and Seller and their designees. If 483 Buyer is obtaining a new loan to purchase the Property, Buyer acknowledges Buyer's lender shall be required to provide the 484 Closing Company in a timely manner all required loan documents and financial information concerning Buyer's new loan. Buyer 485 and Seller will furnish any additional information and documents required by Closing Company that will be necessary to complete 486 this transaction. Buyer and Seller shall sign and complete all customary or reasonably required documents at or before Closing. 487 12.2. Closing Instructions. Buyer and Seller agree to execute the Colorado Real Estate Commission's Closing Instructions. 488 Such Closing Instructions IN Are ❑ Are Not executed with this Contract. Upon mutual execution, ® Seller ❑ Buyer shall 489 deliver such Closing Instntcbons to the Closing Company. 490 12.3. Closing. Delivery of deed from Seller to Buyer shall be at closing (Closing). Closing shall be on the date specified 491 as the Closing Date (§ 3) or by mutual agreement at an earlier date. The hour and place of Closing shall be as designated by 492 Mutual agreement. 493 12.4. Disclosure of SetUetuent Costs. Buyer and Seller acknowledge that costs, quality, and extent of service vary 494 between different settlement set -vice providers (e.g., attorneys, lenders, inspectors and title companies). 495 13. TRANSFER OF TITLE. Subject to tender of payment at Closing as required herein and compliance by Buyer with the 496 other terms and provisions hereof, Seller shall execute and deliver a good and sufficient deed 497 to Buyer, at Closing, conveying the Property free and clear of all taxes except the general taxes for the year of Closing. Except as 498 provided herein, title shall be conveyed free and clear of all liens, including any governmental liens for special improvements 499 installed as of the date of Buyer's signature hereon, whether assessed or not. Title shall be conveyed subject to: 500 13.1. Those specific Exceptions described by reference to recorded documents as reflected in the Title Documents 501 accepted by Buyer in accordance with Record Title Matters (§ 8.1), 502 13.2. Distribution utility easements (including cable TV), 503 133. Those specifically described rights of third parries not shown by the public records of which Buyer has actual 504 knowledge and which were accepted by Buyer in accordance with Off -Record Title Matters (§ 8.2) and Current Survey Review 505 (§ 9), 506 13.4. Inclusion of the Property within any special taxing district, and 507 135. Other 508 14. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before Closing from the 509 proceeds of this transaction or from any other source_ 510 15. CLOSING COSTS, CLOSING FEE, ASSOCIATION FEES AND TAXES. 511 15.1. Closing Costs. Buyer and Seller shall pay, in Good Funds, their respective closing costs and all other items required 512 to be paid at Closing, except as otherwise provided herein. 513 152. Closing Services Fee. The fee for real estate closing services shall be paid at Closing by ❑ Buyer ❑ Seller 514 © One -Half by Buyer and One -Half by Seller LI Other CBS41bl I. CONTRACT TO BUY AND SELL REAL ESTATE (LAND) 9/421112 12:49 liege loot 16 r na 9 Buyer 1ni11nl+ a Seller Initials DocuSign Envelope ID: D39436EB-00F9-4D7F-8B6C-7B61C0 IA0620 515 15.3. Status Letter and Transfer Fees. Any fees incident to the issuance of Association's statement of assessments 516 (Status Letter) shall be paid by ❑ Buyer ❑ Seller ❑ One -Half by Buyer and One -Half by Seller ❑ None. Any transfer 517 fees assessed by the Association including, but not limited to, any record change fee, regardless of name or title of such fee 518 (Association's Transfer Fee) shall be paid by ❑ Buyer ❑ Seller ❑ One -Half by Buyer and One -Half by Seller. ❑ None. 519 15.4. Local Transfer Tax. ❑ The Local Transfer 171x of % of the Purchase Price shall be paid at Closing by 520 LI Buyer ❑ Seller ❑ One -Half by Royer and One -Half by Seller ❑ None. 521 15.5. Private Transfer Fee. Private transfer fees and other fees due to a transfer of the Property, payable at Closing, such 522 as community association fees, developer fees and foundation fees, shall be paid at Closing by ❑ Buyer ❑ Seller ❑ One -Half 523 by Buyer and One -Half by Seller ❑ None. 524 15.6. Saks and Use Tax. Any sales and use tax that may accrue because of this transaction shall he paid when due by 525 ❑ Buyer ❑ Seller ❑ One -Half by Buyer and One -Half by Seller ❑ None. 526 16. PROBATIONS. The following shall be prorated to Closing Dale (§ 3), except as otherwise provided: 527 16.1. Taxes. Personal property taxes, if any, special taxing district assessments, if any, and general real estate taxes for the 528 year of Closing, based on LI Taxes for the Calendar Year Immediately Preceding Closing IX] Most Recent Mill Levy and 529 Most Recent Assessed Valuation, or ❑ Other_. _ _ _ _ _ _ 530 16.2. Rents. Rents based on LI Rents Actually Received ❑ Accrued. At Closing, Seller shall transfer or credit to 531 Buyer the security deposits for all Leases assigned, or any remainder after lawful deductions, and notify all tenants in writing of 532 such transfer and of the transferee's name and address. Seller shall assign to Buyer all Leases in effect at Closing and Buyer shall 533 assume Seller's obligations under such Leases. 534 16.3. Association Assessments. Current regular Association assessments and dues (Association Assessments) paid in 535 advance shall be credited to Seller at Closing. Cash reserves held out of the regular Association Assessments for deferred 536 maintenance by the Association shall not be credited to Seller except as may be otherwise provided by the Governing Documents. 537 Buyer acknowledges that Buyer may be obligated to pay the Association, at Closing, an amount for reserves or working capital. 538 Any special assessment assessed prior to Closing Date (§ 3) by the Association shall be the obligation of ❑ Buyer ❑ Seller. 539 Except however, any special assessment by the Association for improvements that have been installed as of the date of Buyer's 540 signature hereon, whether assessed prior to or after Closing, shall be the obligation of Seller. Seller represents that the Association 541 Assessments are currently payable at $ per and that there are no unpaid regular or special 542 assessments against the Property except the current regular assessments and _ . Such 543 assessments are subject to change as provided in the Governing Documents. Seller agrees to promptly request the Association to 544 deliver to Buyer before Closing Date (§ 3) a current Status Letter. 545 16.4. Other Proration. Water and sewer charges, interest oncontinuing loan, and546 16.5, Final Settlement Unless otherwise agreed in writing, these prorations shall he final. 547 17. POSSESSION. Possession of the Property shall be delivered to Buyer on Possession Date (§ 3) at Possession Time (§ 3), 548 subject to the following leases or tenancies: 549 550 551 If Seller, after Closing, fails to deliver possession as specified, Seller shall be subject to eviction and shall be additionally 552 liable to Buyer for payment of $ 0.00 per day (or any part of a day notwithstanding § 18.1) from Possession Date 553 (§ 3) and Possession Time (§ 3) until possession is delivered. 554 GENERAL PROVISIONS 555 18. DAY; COMPUTATION OF PERIOD OF DAYS, DEADLINE. 556 18.1. Day. As used in this Contract, the term "day" shall mean the entire day ending at I I :59 p.m., United States 557 Mountain 'rime (Standard or Daylight Savings as applicable). 558 182. Computation of Period of Days, Deadline. in computing a period of days, when the ending date is not specified, 559 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 560 federal or Colorado state holiday (Holiday), such deadline L Shall ❑ Shall Not he extended to the next day that is not a 561 Saturday, Sunday or Holiday. Should neither box be checked, the deadline shall not be extended. 562 19. CAUSES OF LOSS, INSURANCE; CONDITION OF, DAMAGE TO PROPERTY AND INCLUSIONS AND 563 WALK-THROUGH. Except as otherwise provided in this Contract, the Property, Inclusions or both shall be delivered in the 564 condition existing as of the date of this Contract, ordinary wear and tear excepted. 565 19.1. Causes of Loss, Insurance. In the event the Property or Inclusions are damaged by fire, other perils or causes of 566 loss prior to Closing in an amount of not more than ten percent of the total Purchase Price (Property Damage), Seller shall be 567 obligated to repair the same before Closing Dale (§ 3). in the event such damage is not repaired within said time or if the damage CBS4-1011. CONTRACT TO BUY AND SELL REAL ESTATE (LAND) 9/4/2012 12:49 19gc t1 of 16 rCl {M Buyer f nllfal Setter initials DocuSgn Envelope ID: 039436E8-CDF9-4O7F-8B6C-7B61C00A0620 568 exceeds such sum, this Contract may be terminated at the option of Buyer. Buyer shall have the Right to Terminate under § 25.1, 569 on or before Closing Date (§ 3), based on any Property Damage not repaired before Closing Date (§ 3). Should Buyer elect to 570 carry out this Contract despite such Property Damage, Buyer shall be entitled to a credit at Closing for all insurance proceeds that 571 were received by Seller (but not the Association, if any) resulting from such damage to the Property and Inclusions, plus the 572 amount of any deductible provided for in such insurance policy. Such credit shall not exceed the Purchase Price. In the event Seller 573 has not received such insurance proceeds prior to Closing, the parties may agree to extend the Closing Date (§ 3) or, at the option 574 of Buyer, Seller shall assign such proceeds at Closing, plus credit Buyer the amount of any deductible provided for in such 575 insurance policy, but not to exceed the total Purchase Price. 576 191. Damage, Inclusions and Services. Should any inclusion or service (including utilities and communication 577 services), systems and components of the Property, e.g. heating or plumbing, fail or be damaged between the date of this Contract 578 and Closing or possession, whichever shall be earlier, then Seller shall be liable for the repair or replacement of such Inclusion, 579 service, system, component or fixture of the Property with a unit of similar size, age and quality, or an equivalent credit, but only 580 to the extent that the maintenance or replacement of such inclusion, service, system, component or fixture is not the responsibility 581 of the Association, if any, less any insurance proceeds received by Buyer covering such repair or replacement. Seller and Buyer 582 arc aware of the existence of pre -owned home warranty programs that may be purchased and may cover the repair or replacement 583 of such Inclusions. 584 19.3. Condemnation. In the event Seller receives actual notice prior to Closing that a pending condemnation action may 585 result in a taking of all or part of the Property or Inclusions, Seller shall promptly notify Buyer, in writing, of such condemnation 586 action. Buyer shall have the Right to Terminate under § 25.1, on or before Closing Date (§ 3), based on such condemnation action, 587 in Buyer's sole subjective discretion. Should Buyer elect to consummate this Contract despite such diminution of value to the 588 Property and Inclusions, Buyer shall be entitled to a credit at Closing for all condemnation proceeds awarded to Seller for the 589 diminution in the value of the Property Of Inclusions but such credit shall not include relocation benefits or expenses, or exceed the 590 Purchase Price. 591 19.4. Walk -Through and Verification of Condition. Buyer, upon reasonable notice, shall have the right to walk through 592 the Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this Contract. 593 19.5 Risk of Loss -Growing Crops. The risk of loss for damage to growing crops by fire or other casualty shall be 594 borne by the party entitled to the growing crops as provided in § 2.5.5 and such party shall be entitled to such insurance proceeds 595 or benefits for the growing crops. 596 20. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document, Buyer and Seller acknowledge 597 that the respective broker has advised that this document has important legal consequences and has recommended the examination 598 of title and consultation with legal and tax or other counsel before signing this Contract. 599 21. TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of the essence hereof. If any note or check received as 600 Earnest Money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any obligation 601 hereunder is not performed or waived as herein provided, there shall be the following remedies: 602 21.1. If Buyers in Default: 603 U 21.1.1. Spedtic Performance. Seller may elect to treat this Contract as canceled, in which case all Earnest Money 604 (whether or not paid by Buyer) shall be paid to Seller and retained by Seller; and Seller may recover such damages as may be 605 proper; or Seller may elect to treat this Contract as being in full force and effect and Seller shall have the right to specific 606 performance or damages, or both. 607 21.11. Liquidated Damages, Applicable. This § 211.2 shall apply unless the box in § 211.1. is checked. All 608 Earnest Money (whether or not paid by Buyer) shall be paid to Seller, and retained by Seller. Both parties shall thereafter be 609 released from all obligations hereunder. It is agreed that the Earnest Money specified in § 4.1 is LIQUIDATED DAMAGES, and 610 not a penalty, which amount the parties agree is fair and reasonable and (except as provided in §§ 10.4, 22.23 and 24), said 611 payment of Earnest Money shall be SELLER'S SOLE AND ONLY REMEDY for Buyer's failure to perform the obligations of 612 this Contract. Seller expressly waives the remedies of specific performance and additional damages. 613 21.2. If Seller is in Default Buyer may elect to treat this Contract as canceled, in which case all Earnest Money received 614 hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect to treat this Contract as 615 being in full force and effect and Buyer shall have the right to specific performance or damages, or both. 616 22, LEGAL FEES, COST AND EXPENSES. Anything to the contrary herein notwithstanding, in the event of any arbitration 617 or litigation relating to this Contract, prior to or after Closing Date (§ 3), the arbitrator or court shall award to the prevailing party 618 all reasonable costs and expenses, including attorney fees, legal fees and expenses. 619 23. MEDIATION. If a dispute arises relating to this Contract, prior to or after Closing, and is not resolved, the parties shall first 620 proceed in good faith to submit the matter to mediation. Mediation is a process in which the parties meet with an impartial person 621 who helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. The parties to the CBS4-1611. CONTRACT TO BUY AND SELL REAL ESTATE (LAND) 9!4/2012 12:49 2 Page 12 of 16 (r. -- P lragllh Buyer 1nina _ Sella initials `V DocuSign Envelope ID: D39436E8-CDF94D7F.eB6C•7n61C00A0620 622 dispute must agree, in writing, before any settlement is binding. The parties will jointly appoint an acceptable mediator and will 623 share equally in the cost of such mediation. The mediation, unless otherwise agreed, shall terminate in the event the entire dispute 624 is not resolved within thirty days of the date written notice requesting mediation is delivered by one party to the other at the parry's 625 last known address. This section shall not alter any date in this Contract, unless otherwise agreed. 626 24. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder shall release the Earnest 627 Money as directed by written mutual instructions, signed by both Buyer and Seller. In the event of any controversy regarding the 628 Earnest Money (notwithstanding any termination of this Contract), Earnest Money Holder shall not be required to take any action. 629 Earnest Money Holder, at its option and sole subjective discretion, may (1) await any proceeding, (2) interplead all parties and 630 deposit Earnest Money into a court of competent jurisdiction and shah recover court costs and reasonable attorney and legal fees, 631 or (3) provide notice to Buyer and Seller that unless Earnest Money Holder receives a copy of the Summons and Complaint or 632 Claim (between Buyer and Seller) containing the case number of the lawsuit (Lawsuit) within one hundred twenty days of Earnest 633 Money Holder's notice to the parties, Earnest Money Holder shall be authorized to return the Earnest Money to Buyer. In the event 634 Earnest Money Holder does receive a copy of the Lawsuit, and has not interpled the monies at the time of any Order, Earnest 635 Money Holder shall disburse the Famest Money pursuant to the Order of the Court. The parties reaffirm the obligation of 636 Mediation (§ 23). The provisions of this § 24 apply only if the Earnest Money Holder is one of the Brokerage Firms named in 637 § 33 or § 34. 638 25. TERMINATION. 639 25.1. Right to Terminate. If a party has a right to terminate, as provided in this Contract (Right to Terminate), the 640 termination shall be effective upon the other party's receipt of a written notice to terminate (Notice to Terminate), provided such 641 written notice was received on or before the applicable deadline specified in this Contract. If the Notice to Terminate is not 642 received on or before the specified deadline, the party with the Right to Terminate shall have accepted the specified matter, 643 document or condition as satisfactory and waived the Right to Terminate under such provision. 644 251. Effect of Termination. In the event this Contract is terminated, all Earnest Money received hereunder shall be 645 returned and the parties shall be relieved of all obligations hereunder, subject to §§ 10.4, 22, 23 and 24. 646 26. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL. This Contract, its exhibits and specified addenda, constitute 647 the entire agreement between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or 648 written, have been merged and integrated into this Contract. No subsequent modification of any of the terms of this Contract shall 649 be valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. Any obligation in this Contract 650 that, by its terms, is intended to be performed after termination or Closing shall survive the same. 651 27. NOTICE, DELIVERY, AND CHOICE OF LAW. 652 27.1. Physical Delivery. All notices must be in writing, except as provided in § 27.2. Any document, including a signed 653 document or notice, from or on behalf of Seller, and delivered to Buyer shall be effective when physically received by Buyer, any 654 signatory on behalf of Buyer, any named individual of Buyer, any representative of Buyer, or Brokerage Firm of Broker working 655 with Buyer (except for delivery, after Closing, of the notice requesting mediation described in § 23) and except as provided in 656 § 27.2. Any document, including a signed document or notice, from or on behalf of Buyer, and delivered to Seller shall be 657 effective when physically received by Seller, any signatory on behalf of Seller, any named individual of Seller, any representative of 658 Seller, or Brokerage Firm of Broker working with Seller (except for delivery, after Closing, of the notice requesting mediation 659 described in § 23) and except as provided in § 27.2. 660 271. Electronic Delivery. As an alternative to physical delivery, any document, including any signed document or 661 written notice, may be delivered in electronic form only by the following indicated methods: U Facsimile CI Email 662 x❑ Internet ❑ No Electronic Delivery. If the box "No Electronic Delivery" is checked, this § 27.2 shall not be applicable and 663 § 27.1 shall govern notice and delivery. Documents with original signatures shall be provided upon request of any party. 664 27.3. Choice of Law. This Contract and all disputes arising hereunder shall be governed by and construed in accordance 665 with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado for property 666 located in Colorado. 667 28. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal shall expire unless accepted in writing, by Buyer and 668 Seller, as evidenced by their signatures below, and the otiering party receives notice of such acceptance pursuant to § 27 on or 669 before Acceptance Deadline Date (§ 3) and Acceptance Deadline Time (§ 3). If accepted, this document shall become a contract 670 between Seller and Buyer. A copy of this document may be executed by each party, separately, and when each party has executed 671 a copy thereof, such copies taken together shall be deemed to be a full and complete contract between the parties. 672 29. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith, including but not CBS4.t611. CONTRACT TO BUY AND SELL REAL ESTATE (LAND) 9/4/2012 12:49 Page 13 or 16 F4 Buyer Waal.. Seller Initials DocuSign Envelope ID: D39436EB-CDF9-407F-896C-7B61C0Q40620 673 limited to, exercising the rights and obligations set forth in the provisions of Financing Conditions and Obligations (§ 5), 674 Record Title and Off -Record Title Matters (§S), Current Survey Review (§ 9) and Property Disclosure, Inspection, 675 Indemnity, Insurability, Due Diligence and Source of Water (§ 10). 676 ADDITIONAL PROVISIONS AND ATTACHMENTS 677 30. ADDITIONAL PROVISIONS. (Die following additional provisions have not been approved by the Colorado Real Estate 678 Commission.) 679 1. C0111121aion to be paid by Buyer, amount to be determined by mutual agreement between Buyer and realtor. 681 682 31. ATTACHMENTS. The following are a part of this Contract: 683 684 685 686 Note: The following disclosure forms are attached but are not a part of this Contract: 687 688 689 690 691 1 SIGNATURES Buyer's Name: Christina Roth and Reath D. Roth CDonnalproE by: �.414ilehiAd ,iacauwrcoua.. 9/4/2012 Buyer's Signature Christina Roth Date Address: Phone No: Fax No.: Electronic Address: Doc,Bianed by 20618140656C460... Buyer's Signature Keith D. Roth Address: Phone No.: Fax No: Electronic Address: 9/4/2012 Date 692 [NOTE: If this offer is being countered or rejected, do not sign this document Refer to § 321 Seller's Name: James D. i Patricia A. Pox CBS41U] t. CONTRACT TO BUY ANDSE7.L REAL ESTATE (LAND) 9/4/2012 12:49 ,-+Page 14 of 16 LDX iBuyer Iniltals Seller initials P0.a l��a rOoouSign Envelope ID: D7F-8B6C-7061C00A0620 Pmt a. an, EFAC599nn1794CA... 9/5/2012 Seller's Signature Patricia A. Fox Address: Phone No.: Fax No.: Electronic Address: Doeu&aned by, __,211t201 5AFE241E Seller s Signature James D. Fox Address: Phone No.: Fax No.: Electronic Address: 9/5/2012 693 694 32. COUNTER; REJNA,TI0N. This offer is ❑ Countered ❑ Rejected. 695 initials only of party (Buyer or Seller) who countered or rejected offer - 696 Date END OF CONTRACT TO BUY AND SELL REAL ESTATE 33. BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. (To be completed by Broker working with Buyer) Broker ❑ Does El Does Not acknowledge receipt of Earnest Money deposit and, while not a party to the Contract, agrees to cooperate upon request with any mediation concluded under § 23. Broker agrees that if Brokerage Firm is the Earnest Money Holder and, except as provided in § 24, if the Earnest Money has not already been returned following receipt of a Notice to Terminate or other written notice of termination, Earnest Money Holder shall release the Earnest Money as directed by the written mutual instructions. Such release of Earnest Money shall be made within five days of Earnest Money Holder's receipt of the executed written mutual instructions, provided the Earnest Money check has cleared. Broker agrees that if Earnest Money Holder is other than the Brokerage Firm identified in § 33 or § 34, Closing Instructions signed by Buyer, Seller, and Earnest Money Holder must be obtained on or before delivery of Earnest Money to Earnest Money Holder. Broker is working with Buyer as a ❑ Buyer's Agent El Seller's Agent X❑ Transaction -Broker in this transaction. ❑ This is a Change of Status. Brokerage Firm's compensation or commission is to be paid by Listing Brokerage Firm El Buyer ❑ Other Brokerage Firms Name Broker's Name: [ 30CA19190aM40r Group Mulberry Jack M Taylor Daualgned y: t atrfT.1.4 Broker's Signature: 9/4/2012 Date CBS4-10.11. CONTRACT TO BUY AND SELL REAL ESTATE (LAND) 9/4/2612 12:49 Page 1S or 16 :ale [ Pa�oa Buyer Initial Seller Initials DoaSign Envelope ID: D39436E8LDF94D7F-886C-7861CCGA0620 697 Address: Phone No.: Fax No.: Electronic Address: 401 W Mulberry St Fort Collins, CO 80521 (970)221-0700 (970)221-0746 jtaylor@thegroupinc.com 34. BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. (To be completed by Broker working with Seller) Broker ❑ Does ❑X Does Not acknowledge receipt of Earnest Money deposit and, while not a party to the Contract, agrees to cooperate upon request with any mediation concluded under § 23. Broker agrees that if Brokerage Firm is the Earnest Money Holder and, except as provided in § 24, if the Earnest Money has not already been returned following receipt of a Notice to Terminate or other written notice of termination, Earnest Money Holder shall release the Earnest Money as directed by the written mutual instructions. Such release of Earnest Money shall be made within five days of Earnest Money Holder's receipt of the executed written mutual instructions, provided the Earnest Money check has cleared. Broker agrees that if Earnest Money Holder is other than the Brokerage Firm identified in § 33 or § 34, Closing Instructions signed by Buyer, Seller, and Earnest Money Holder must be obtained on or before delivery of Earnest Money to Earnest Money Holder. Broker is working with Seller as a ❑ Seller's Agent ❑ Buyer's Agent X Transaction -Broker in this transaction. ❑ This is a Change of Status. Brokerage Firm's compensation or commission is to be paid by ❑ Seller 0 Buyer ❑ Other The Group, inc. Brokerage Firm's Name: Broker's Name: Address: Phone No.: Fax No.: Electronic Address: rrtfirtiliflor Poor. rl sites _. secetanceemn Broker's Signature: 401 N. Mulberry St Fort Collins, CO 80521 970-419-2351 970-221-0746 jtaylor@thegroupinc.com 9/4/2012 Date CBS4-1011. CONTRACT TO BUY AND SELL REAL ESTATE (LAND) 9142012 12:49 Page le of 16 { ffag �L✓� Buyer initial. Sellw initiele 3891675 Pages: 1 of 1 11/29/2012 09:07 AM R Fee:$11.00 0 Fee:$4.50 Steve Moreno, Clerk and Recorder, Weld County- CO ■IIIFri P oPir11ili,ifii'4e,r1ir•: 1k 11111 1111111111111111111111111111U1111 I I 11111111111111111 I I I I I I Warranty Deed (Pursuant to 38-30-113 C.R.S.) THIS DEED, made on November 28, 2012 by .LAMES D. FOX AND PATRICIA A. FOX Grantor(s), of the County of WELD and State of COLORADO for the consideration of ($45,000.00) *** Forty Five Thousand and 00/100 *** dollars in hand paid, hereby sells and conveys to IN'TERRA, LLC, A COLORADO LIMITED LIABILITY COMPANY Grantee(s), as Joint Tenants, whose street address is 21495 CR 51 KERSEY, CO 80644, County of WELD, and State of COLORADO, the following real property fn the County of Weld, and State of Colorado, to wit: LOT A OF RECORDED EXEMPTION NO. 0963-32-4 RE -4275 RECORDED APRIL 5, 2006 AT RECEPTION NO. 3376759 AND BEING A PART OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 5 NORTH, RANGE 64 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO also known by street and number as: TBD WELD COUNTY ROAD 53, KERSEY CO 80644 with all its appurtenances and warrants the title to the same, subject to general taxes for the year 2012 and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Grantee(s) in accordance with Record Title Matters (Section 8.1) of the Contract to Buy and Sell Real Estate relating to the above described real property; distribution utility easements, (including cable TV); those specifically described rights of third parties not shown by the public records of which Grantee(s) has actual knowledge and which were accepted by Grantee(s) in accordance with Off -Record Title Matters (Section 8.2) and Current Survey Review (Section 9) of the Contract to Buy and Sell Real Estate relating to the above described real property; inclusions of the Proper within any special tax district; and other NONE State Documentary Fee Date: November 28, 2012 $ 4.50 .. MES D. FOX PATRICIA A. FOX State of COLORADO ) ss. County of WELD The foregoing instrument was acknowledged before me on this day of November 28, 2012 by JAMES D. FOX AND PATRICIA A. FOX iota: Public /p r / My commission expires NANCY A. LOHR NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19924008574 My Comrnission Expires July 18, 2016 When Recorded Return to: INTERR.A, LLC, A COLORADO LIMITED LIABILITY COMPANY -121495 CR 51 KERSEY, CO 80644 Land Title Form 13084 0172011 wd.odt Warranty Deed (Joint Tenant) FC25110765 (15424648) 3891676 Pages: 1 of 2 11/29/2012 09:07 AM R Fee:$16.00 Steve Moreno. Clerk and Recorder. Weld County, CO III 11111 III 111111111 III 11111111111 101wiipri ie,I feki it 'Jrr'irigRIVE Wei INI11111 STATEMENT OF AUTHORITY (§38-30-172, C.R.S.) This Statement of Authority relates to an entity' named INTERRA, LLC AS A COLORADO LIMITED LIABILITY COMPANY 2. The t e of entity is a: Corporation Nonprofit Corporation X Limited Liability Company General Partnership Limited Partnership Registered Limited Liability Partnership Registered Limited Liability Limited Partnership Limited Partnership Association Government or Governmental Subdivision or Agency Trust The entity is formed under the laws of COLORADO The mailing address for the entity is 21495 CR 51, KERSEY, CO 80644 The X name X position of each person authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity is KEITH ROTH AS MANAGER AND/OR CHRISTINA ROTH AS MANAGER The authority of the foregoing person(s) to bind the entity: X is` not limited is limited as follows: Other matters concerning the manner in which the entity deals with interests in real properly: This Statement of Authority is executed on behalf of the entity pursuant to the provisions of §38-30-172, C.R.S.' 9. This Statement of Authority amends and supersedes in all respects any and all prior dated Statements of Authority executed on behalf of the entity. Executed this di/litday of �o�, '‘)-01 a - KEITH OTH AS,MANAGI R CHRISTINA ROTH AS MANAGER L- ' This form should not be used unless the entity is capable of holding title to real property. The absence of any limitation shall be prima facie evidence that no such limitation exists. The statement of authority must be recorded to obtain the benefits of the statute. Land Title Form 13759 03/2005 soa.odt FC25110765 {15460418} pg 1 of 2 3891676 Pages: 2 of 2 11/29/2012 09:07 AM R Fee:$16.00 Steve Moreno. Clerk and Recorder. Weld County, CO State of COLORADO )ss County of WELD � The foregoing instrument was acknowledged before me this a� L day of / QL' 'I cPU/ by KEITH ROTH AS MANAGER AND CHRISTINA ROTH AS MANAGER OF INTERRA, LLC AS A COLORADO LIMITED LIABILITY COMPANY ■III htiisF+l'ir''1ei1#1i'li*a,Itl 11111 Witness my hand and official seal. My commission expires: wtlt N RI -:CORDED RI- 1 URN (1 KEITH OR CHRISTINA ROTH INTERRA. LLC r21495 CR 51 KERSEY, CO 80644 Ndta y'Public F, NANCY A. LAHR NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19924008574 My Commission Expires July 18, 2016 Form 13759 0312005 sou odt FC25110765 {15460418} pg 2 of 2 Certificate of Conveyances Services State of Colorado ) County of Weld Weld County Department of Planning STEWART TITLE OF COLORADO hereby certifies it has made a careful search of its record, 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: Lot A, Recorded Exemption No. 0963-32-4-4275 according to map recorded April 5, 2006 at Reception No. 3376759, being a portion of the SEl/4 of Section 32, Township 5 North, Range 64 West of the 6th P.M. CONVEYANCES (if none appear, so state): Reception No.: 1457421 Reception No.: 1606048 Reception No.: 1777754 Reception No.: 1816402 Reception No.: 1854020 Reception No.: 1866407 Reception No.: 1914824 Reception No: 2429344 Reception No.: 2430755 Reception No.: 3331326 Reception No.: 3413310 Reception No.: 3891675 Book: Book: Book: Book: Book: Book: 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 nor an opinion of Title, nor a guarantee Title, and the liability of STEWART TITLE OF COLORADO is hereby limited to the fee paid for this certificate. In Witness Whereof, STEWART TITLE OF COLORADO has caused this certificate to be signed by its property officer this 4th day of December, A.D., 2012, at 7:45 am. STEWART TITLE OF COLORADO BY: ` 6,QQl.i= O.\Wol- 0 Autli'lrired Signature toot 535 5 R dad—__rf 2 6 1965s �3 —Wawa l a Reesptlon Na ..._._14a5Z42..—. me' s'" Endce. Yikts Peek Made this 26th day of February year of our Lord one thousand nine hundred e:,d g(v t _-. .Ve between ERNEST I. MICHALIK and MARY A, MICHALIK d the Canty of Weld and Stated Colorado, of the flint pert, and ALBERT HOLMAN, SR. and ELIZABETH HOLMAN in the of the Oman of Weld and Stab of Coto ado, of the snood part: WRNESURTH: That the ssid patties of the first pan, for and in a eanetiea of the stem of other considerations and ONE HUNDRED - DOLLARS, to the said parties of the first pert to hand paid by the said partied of the second pert, the receipt whereof le hereby confessed and acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant bargain, sell, convey and confirm unto the said parties of the second part to pas@ not In tenancy In common but in Joint tenancy, the survivor of them, their assigns and the heirs and assigns of such survivor forever, ail the fol- lowing described lot or parcel of land, shnab, lying and being Iu the County of Weld and State of Colorado, to -wit: I ooruiitrrnev i All that part of the Southeast Quarter (SE%) of Section Thirty-two (32), in Township Five (5) North, Range Sixty-four (64) West of the Sixth (6th) P.M., lying East of and under The Gilmore Canal as now constructed over and across the said Southeast Quarter (SE%) of said Section, together with 10.07 shares of the capital stook of the Farmers Reservoir and Irrigation Company, RESERVING AND EXCEPTING, however, unto the grantors herein, as joint tenants, an undivided one—half (%) interest in and to all the oil, gas, and other minerals in, under, Lind along said property, 4. ___., :'O' TOOETHEls. with all and singular the hereditament, end appurtenances thereunto belonging, or in any wise appertaining, an, the reversion and reversion,, remainder and remainders, rents, i and profits thereof; and all the estate, right, title, interest, claim and demand what sv_ver of the said part les of the fist part, either in law or equity. ul, in a'W to the above bargain- I prenfate, the t ereditamt-nts and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with appurtenances, unto the said parties of th- second part, the survivor of them, their assigns n the heirs and assigns of such survivor for- ever. And the said parties of the first part, fodhemBelVeS executors, and administrators, do covenant, grant, bargain and agree to and with the said panes of the second part, the survivor of them, their as ,gna and the heir, and assigns of such survivor, that at the time of :.r. caswling and delivering of these presents, they are well seized of the premises above conveyed, as of good, sure, perfect absolute and indefeasible estate of inheritance, in law, in fee simple, and have good r+gbt, full power and lawful authority to grant, bargain, sell and convey, the sante fu manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, talc,, liens, taxes, assessments and incumbrances of whatever lend or mature 'never: subject to the 1965 taxes, which the grantees herein assume and agree to pay; and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or penes lawfully claiming or to claim the whole or any part thereof, the said parties of the first part shall and wilt WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said parties:of tie: first part ha are hereunto set their head S and seals the day and year first above written. •w Signed, Sealed and Delivered io the Presence of qy7� �Q/� i '" / / . ��gALI G.-(Lirtesl f: Ile— -- - c..1.\\-:..3.2-1.,-14,..\___. , ` R" p9\___.. --- 27� MIc i (SEAL) , .p -u-0 -Tn a -- 4.. TE j�1860Lb1 PO, yea The foregoing iustrument was acknnwieaged before me this- __?_€0. ..__. day of County�. *tc of ct r., — February 1pnc- by FRLaris_N3LCHAI.IK and MARY A. MICHALIK, Whams My Hand end Official gas gy ComwWtm Iteldrig Febr 5L 1967. vr- WARRANTY DEED —To Joint -(SEAL) rn N P o, 0 \I MIN SPOMUR 1<ECII II II En Poe 684 JAN 241973 ,3 Piled For .No 1606049 R l� e..uVtian Yo. /—' aide peed, Made this 23rd day of January one thousand nine hundred end seventy-three between --ALBERT HOLMAN, SR. and ELIZABETH HOLMAN-- of the County of 'Weld and State of Colorado, of the first part, and --ALBERT L. SCHOTT and MARY SCHOTT-- of the County of Weld in the year of our Lord and Slate of Colorado, of the second part; Wltneueth, That the said parties of the first part, for and in consideration of the sum of --other good and valuable consideration and ONE HUNDRED DOLLARS, to the said parties of the font part in hand paid by the avid peril is of the second part, the receipt whereof is hereby coo - teased and acknowledged, ha V e granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confrm, unto the said parties of the second pert, not in tenancy in common but in'Joint tenancy, the survivor of them, their assigns and the heirs and assigns of such survive forever, at' .1 tall000ng —.Tiber! !et or parcel of land situate, lying and being in the County M Weld and State of r. d.,redo, to -wit: Tract A, AMENDED PLAT OF MINOR SUBDIVISIJN 1IO. Sixteen (16), of the Southeast Quarter (SEt%) cf Section Thirty-twd. (32), Township Five (5) North, Range Sixty-four (64) West of the Sixth (6tn) P.M., which said Amended Plat was recorded December 28, 1972, in Book 682, under Reception No. 1604341, Weld County records; RESERVING AND EXCEPTING unto Grantors, their heirs and assigns, all oil, gas, and other minerals now owned by them in, on, along, and underlying the above -described lands, together with rights of ingress and egress; State l7 e2t4rgd.M Date 4 �7e1 D 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 profile thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part ley of the fast part, either in law or equity, of, in and to the stove bargained Dmmie's, with the hereditament. and appurtenances.. To Have and to Hold the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, the survivor of them, their assign' and the heirs and assigns of such survivor forever. And the said part fns of the first part, for themselves their heirs, executors, and administrators, do covenant, grant, bargain and agree to and with the said parties of the second part. the survivor of them, their assigns and the heirs and assigns of such survivor, that at the time of the eneealing and delivery of those presents, they are well seised of the pr' Woes ahoy, convoyed, as of good, ,sure perfect. absolute end indefeasible estate of inheritance, in law, in fee simple, rind his ye good right, full power and lawful authority to grant, bargain, all mid convey the same in mintier and Lam aforc.md, sn. that the same are free and cleat fmoan n 1 f,yv, c e and o I rants, bargain, sates lines yyiesslnen ,pqd, m,'ur�btara�es of w:utever kind or nature eoever, SUBJLOjf to 1973 taxes, are dna payd Die In ?O4, widen said taxes the grantees herein assume and agree to pay; also SUBJECT to reservations, easements, mineral reservations, rights -of -way and oil and gas leases of record, and Farm Lear a Agreement recorded in Book 6`64, under Reception No. 1585947, We'd County records; end the above bargained premises in i.h:.! 'et and poacu : possession of the said parties of the second part, the survivor of them, their assigns end the heirs and ar i.. of sub our our, again. all and every person or person' lawfully cluimi, 6 or to claim the whole or any part thereof, to said part J.P,a of the first part shall and Mil WARRANT AND FOREVER DEFEND. In Witness Whereof, The said : les of the first part ha ye hereunto set their handS and enJS the day and year first above -. Signed, Sealed and Delivered in tl.• :'res ice of I1.: \.>rA J:)n' •a• ( as. A .......:1..fi ) toy. st Witness ry H nd and Official Seal. My Commission Expires _. _ Melling Address An Future Tax Notices . tetivo- trj)�l'Kc _(SEAL) abeeh H il7fia _ ... . ._. (SEAL) ii The foregoing Instrument was oek.cwledged before me this _O day 19 73 p by ALBERT HOLMAN, SR. and E � • BETH HOLMAN. 1 Public • • • to 0 ey O O N HEC 1 ,Much co orn.w. COLO —aetuV. 856 Awarded et ' �vy .olefin* FMJAN 4 1919 I1 RDCORD/R7 STAMP I Tiun DEED, Madman 29th dernf Osctnber ID 78 ,hetwu ALBERT L. lciIUTr and MARY SC110YT of the County of Veld end Stets of c demdo. of the lint put, and LOYU G. NASCENT end L0RRAINF. V. sAmnrut 24277 Weld County Rnad IS), Versey lathe said Colony of Wald 'end State of Calo, wln. of the nand pan: WITNISHWT11. that the meld pat lea of Iho tint pert, fir snit In een,huntbm of the mein of BfWls Den sway hs Dale_ JAN 4 1979 /'/.00 ,r ----ONE HUNDRED FORTY 1NOUSAND AND NO/100------- __- • to the wee parties of Oa lint Part In hand paid by the acid yanks of the wend part. the reeel$ wheref Is hereby esfsud and adsst'tedat4 is ye pentad. herpinel. sold and essyd, and by thews hreethts de to peda. ssR. earns and mains ante the said puns of the said pen. their hells end salsas fssas. set In tow leawns but. u Joke Inner. ell the fanner described lot awed at lead. Sousa Weal brill in the said Coady at Weld end Stated Qom* te wit: a parcel of :land located 1n the Southeast iii (SElt) of Section 32, Township 5 North, Range 164 Meat of the 6tb P.M., Meld County, Colorado, more particularly described as !follows; segiening at the Southeast Corner of said Section 32 and considering the .South line of said Section 32 as bearing North 89°32'23" Wet with all other 'bearings contained herein relative thereto; Thence North 89°32'23' West along said )(o 1 'South line a distance of 400.00 feet to the True Point of Segionfeg; Thine continuing North 89°32'23" Wet along said South line 2,264.96 feet; 14 Thence North 00°13'00" Last, 268.68 feat; I Thence North 32°03'03" Get, 376.93 feet; Thence North 75°02'36" East, 105.33 feet; Thence South 61°26'30" East, 151.98 feet; Thence North 79°15'49" Fast, 102.33 feet; ! Thence North 56°35'33" East. 439.17 feet; Thence North 29°26'06" East, 95.24 feet; Thence North 08042'04" East, 436.23 feet; Thence North 29°18'11" Fast, 91.22 foot; Thence North 40°11'19" East, 189.27 feet; Thence South 59°52'10" East. 444.49 feet; Thence South 15652'49" East. 493.77 font; Thence South °3°16'36" East. 191.52 feet; thence South 21°30'43" East, 243.91 feet; Thence South 40°28'30" Nast. 534.29 feet to the True, Point of Beginning. (PARCEL A) 'PARCEL I: A parcel of land located in the Southeast Quarter of Section 12, Teem- ,s1K4 3 North, Range 64 West of the 6th P.M., Weld County, Colorado, more pertteu4 ') lLSec tion described as follows. Beginning at the Southeast Corner of said 32 Aid lend considering the South line of said Section 32 as hearing North 89°32'23" West 441 'with al other bearings contained herein relative thereto; I Then North 00°00'00" West, 2,132.75 feet; Thence North 89°56'OS" Nest, 958.36 feet; Them Booth 20°56'48" West, 144.12 feet: ;Lent South 28°32'47" West, 160.30 feet; Thane South 40°11'19" West, 435.73 feet; Thane South 59°52'10" East. 444.49 feet; Thant South 15°5849" East. 493.77 feet; Thin South 03°18'16" Last. 191.52 feet; Thence South 21°3043" East. 243.91 feet; Thanes South 40°28'30" last, 334.29 feet to a point on the South line of meld Section 32; Thence South 89032'23" East, 400.00 fest to the taint of Beginning. Also Mara me 24277 Weld County Road 853, Kersey, Colorado 10222201 era► ell and ardor the tviveltamrle mad eppuweua s lbea nie Se*esa se laSesame epeseSt6 red dm adds ewe noven se. remainder and rewseaen. mita lens eat plefaa thwstt eel eR dos aeteey dM. YUe. Stint. Ouse sad demand Wastes er the re parties et the fist pees. Sibs ha In se of 1y, td. ioW le the aMr herresd pietis, ;ith W hndllamMa sadespstbess . • Na Id. IIa eeeeawrr taaa-n MY Tams -h,Yeea p.wstme o-, MUM m..4 n,.,. the.",. sl.no eat al 1st 856 0014 177771i4 TO HAVE AND TO BOLD nit said pram'.). above bargained and dowribd, with the appurtenances, unto the said paellas of the .seond part, their Mira and suing torero'. And the aid part lets of A. Art part, ter them sal Veit/ tlte'suits. 'seed an, and Mminlatrabm. do eovsnant, gnat, bargain and age to and with IM sold parties of the .atone put, their Min and amino, that at the tine of tho Mean and detiwry of thaw preasnie, they are web oohed of the anthems above conveyed, as of good, sun, PeencL ebeeluts and bddeadNe notate of Inkentanee In law, In fee okapis, and ha we 'seed right, full pent see lawful eulhelty to gent. barpip, sell and convey the woe In manner and form sluroaid, end that U,. same ore free and ri ne tow all termer and other grants, bargain.. Was, honk tax.,. eauumnu and Ineurnhranen of whatever hind or sgnn, , n.ver, EXCEPT 1913 and subsequent yearn' general taxon, rind EXCEPT any eaeeaents, reservation., restrictions and rlphte of way of record and the above bargained pawls in the quiet and peaceable powesln of the said pastas of the send pet, the4 heirs and pastas., agatat all and awry person or persons lawfully claiming or to damn Ow whole or any part Morse/. the said part lee of the tint past shall and will WARRANT AND FOREVER DEFEND. DI MITRES* WHEREOF. the said part lee of the first part ha we hereunto sit their hand s and f oals tbo day and you Mot above written. S igese, haled and Delivered In the Presence of STATE OF COLORADO. • `•. Cugty of Weld girl,..' sigiesdar lWwmnt was acknowledged before me this 'itl,7E(t4d�tI4illi'crt I.. Schott and Mary Schott . a.V*Ile{r•4n expires r,,,. r. _......�•...... c,.o 1[, I' a •peg . • Anion I.. Schott 'tart' Sch✓n�'t WEAL) WEAL.) (SEAM 29th day of December , 1p . Witness my har4.d official seal. 1,ororhw .rrEUrr KW. Pa a r Rasp . V•22•ITf DSOS LOU 0. 9•NO/NT •VN LOSILINI T. 54*111I shoe eddaso is 24177 Meld Comet, teed 37, Sousse. 9oestp 01 Veld, , ter other walsahle eessideratiom sad to dollars, is head raid, hereby sell out f to ISVS'L. S OW AVID ASIA N. DBMS, es foist leases who is P.O. 2M 316, Vilnius, Cafons 50434 Coaty of wed State of Colorado the fellowiel Taal S. the Ceeeey of Veld, aed. 4.Coi • to win' • P 1 of lead located la the 111/4 0! Seetle* 32, Teweshir 3 North,., tease 64 Vest e! the 0th 2.116, fold 0emety, Colorado, sere Pare* }live at the Southeast Goner of said ScotiOa 32 sad idering the both line of said Iestlao 32 as ►early North 61°32'23" Vest with all other hearings saloons I relative ther°to; thesee Borth Sf°32'23" Vest ,leas said SOW; Ilse .s dletflee of 400.00 test to the True Feist of leslatilbt 2.2{4.9{ feet; '*3" Vest along .isaid South l*•• Thence ;With 00°13'90" last, 260.60 feet; These, teeth 32°03'03" last, 376.03 fiat; Thence North 73°02'36" test,. 103.33 feet; '30" Sees, 131.06 foots North 79°13'49" Ieit, 102.33 pets !beaus torch 36°33'33" east, 430.17 fest' fleas North 29°26'06" Suet, 93.24 foot; flp4a a Vouch 06°42'04" test. 436.23 fagot; Mae North 20°16'11" east, 91.22 f•/t; they • North 40°11,19" last, 109.27 feet; Theo�e• South 30°32'10" Meet. 444.41 f Mesas South 13°3x49" test. 403.77 foot; thesis Seeth 03°10'26" last, 101.32 feet; f►saas South 21°30'43" test, 243.01 -lost* Theaoe.South 40°26'30" Nest, 33629 fast to the Tres Poies-of Ingiailo{. • MMiQiL! • races of lead located 1a the 621/4 of Settles 32, Tenuhlr S • Wrra►, Nays 64 Vest of the 6th P.N.. Veld Caatl. _Colete0e, meow Perri described a follows, `... $sgiaflat.st the So.t►esst,C f said leoteoa 3! 641 Sea the South flee of said Seetiti.32t,as;9J•tfa$ $1°39'22 Vest with all ether ►eatlass costolei9 % iflitiue th t Tbflos loith 00°00'00" Vest, Mee. both 61°36'03" Vest, epee., loath 20°3{'4P Vest, fee '$sort► 20°32'47" Vest. See loath 40°11'29" West, -•outh 39032' 10" lot, II 33W7s'4," sass. r9► Sti'3C" sass, ih 23°40'43" Nast; 911 40°3!!30" toss. 0 400 s 311 Soft, Wilma, S. • 2,132.73 test; 934.34 tot;; 14612 tau 140.30 loo04 633.13 le 43 444.49 f e 404.77 fi. t91.32 I; '6 44,, u 2t�; 334.11 400.04114M i$i ' � ` . `ter t as. lc �ii.00§0 aai Intel kt►►$s apstsssaat is the 4000101100100114001$11,1 ►taips► is A ^{.SIUed & !i Fstiss .cabal,414. i ! $tit.}._ st„ aiagi�eal tann►it+sp, *se Rs 17 0 M ***Sk' *es : seisms sad • Uy et .140,4041' - • . 1000;• .p.1 ei.......v old,. "mortisNa i QiR4..... a. earMn3affir..r 6n." VAS taaedg. Calends Tom Dia the ter /e/• der t .0 bass. PRANK L. BRIAN and ANNA N. IVAN of 24277 Weld County load 53, Kersey, .ere Olaip t Wald W dal t dory of r. In pert, r CLARENcE A. SITDNN et the Omits et Meld W Stele t Oda, Gibe end pan. WTTNsppt net W W pert lee et the mw Pn , fw end In en ienua enamel Other Valuable Consideration. and Five Thousand ($3,000.00)- DOL Afa Y the aW peniea .f W rant pew a heed pat/Wen pew y t dr sal pelt de noes* wham( le we, aadmd amd Wsaedead bey awl, tngend, NW swiammell,a1by laps de nap MINN era any sad se a. aat, the aid pa'ty of be al p.*hns We W even tee saw. all the fell ap as.r.d he w pan of land, der;., lyay W Mae e the eY.wsy t Weld W Bear t Cell a, awn: PARCEL A. A parcel of land located in the SEW of Section 32, Township S Korth, Range West of the 6th P.N., Weld County. Colorado, more perils ad as follows: Beginning at the Southeast Corner of said Section 32 and tea ddering the South line of said Section 32 in bearing North 89 32'23" Vest with all other bearings contained herein relative th Thence North 89 32'23" West along said South line • distance of 400.00 feet to the True Point of Beginning; Thence continuing North 89°32'23" West along said South line 2.264.96 fast; Thence North 00015'00" net. 268.68 feet; Thence North 52°03'03" East, 376.93 feet; Thence North 75°02'36" Baat, 105.33 feet; —see back of Page for continuation of legal description ---- also known mistreat end number TVOaan wW all end tads W howiltate aaa appaetamu,w Wawa MIS. eta asp en Upamtalabg, in the nests W a"wd.p menthe awl aaesta le w, now. a mad peat. Oaf. W a be S GMs rhS, bat. sin wed and wbeaseeer d the old penes et be mn pen. der Y OF nut. t. I W Y tb thew Smesd Psalsa. WIN the be.tldaata W eppamtaan. TOWN AND TO WOW err meld page Mew ban W •waaad .M► the enertaGeeal ewe We add he'n at mit Iwo pert hie hen W awns fw.ww. Ass the meld fee thaw whew, put. W d d era pas. anal pe .h eda hake sad de at the swat WAS en an d Y n e1W the SA Pa eta* mood pert hie W W skins that a the tIr t the Gaaaabg an daWwy it beer prom, they arewsn and t the able skew t as n meta an, paint, seeehae aid ealef—ale amble t YMiha . Is be, She laps, ad re ern .sane, tall ewer ea lewft amallsose a teat. was, WI W eawy the sae b mere sad fans as dnwaht and thee the ass en be. W dna freer en wain mad ether ranee. Saes, she, Use. tam, awawaaea W enea♦brtes t whweaam W w row NNW. Ole Doti a Stan Pe sae AIR 9 RA» ■ no.00 see sheet attached hereto and weds • part hereof -- W the .bee beapalad pain a the .net W p.aalle 'Berme t the W pally t the mead Patt his km a. sane Vann mad „emneon w paws ally ended et a Jew the Web w ear pet themt. W eel pen in at the In paw dell mad .01 WARRANT AND PORKuER BORIIt DI WIDOW w�REOP. W ale put tea t the put in nab Imes W me W der sod ear tint abaft "Sea Tr4�L yc�at� ......"MU • Jr .. � tuna ,......... a7rf.f.L m. �'ar" O .. ••.'y* _._. .. Amt .. Bw[sa cVpoTq?} eI[AR 00 COLORADO,_ tg■AW °�a;,,'awareWELD. ear abW a-sow�os bets ; ma ,44 day t 44:1 ;Ito 1L 'us. '�'am April 1810 84.W erlmilaaeennet Oraatee's Address. 0.011.9.� ... • 1100 - 461.6 Aanaus Oreeley, Colorado 00631 Walt wYWwta—wwwuaalannaar MEWS ea. Sal e4 is. SANS me c; • • • F N 7 O cf7 i I canal p-. 7 Ufa -a A 6310 ALNYI1YA r —continuation of legal description Prow front pngs-- Thece South 81°26'30" Smut, 131.96 feet; Thence North 79°13'49" toot, 102.33 feet; Tbete North 36°33'33" tat, 439.17 foot; Thence North 29°26'06" Set, 93.24 fest; There North oS°42'04" Nest, 436.23 feet; Thence North 29°16'11"'Wt, 91.22 fat; Thence Korth 40°11'19" Snot, 119.27 feet; Thew. South 39°32'10" Nast, 444.49 feet; Thence ThSouth 13°38'49" Kant, 493.77 tat; There South 03°16'36" last, 191.32 fat; Thence South 21°30'43" Nit, 243.91 feat; Thence South 40°23'30" Set, 334.29 feet to the True Point of Beginning. P S. A parcel of lend located in the IOUs of Section 32, Township 3 North, Sasso 04 nest of the 6th P.N., Vold County, Colorado, more particularly described an follower Sngieiss et the Southeast Corner of said Section 32 and considering the South line of said Section 32 as bearing North 89°32'23" Went with all other Marines contained herein relative thereto; Thee North 00_00'00" Vest, 2,132.73 feet; Theses North 89°36'03" Vet, 958.36 fest; The. South 20°!6'4" Vest, 144.12 fest; Thence South 28°32'47" Vet. 160.30 feet; Thence South 40°11'19" Vet, 433.73 feet; Thence South 39°32'10" leet, 444.49 feet; There South 13°36'49" Out, 493.77 feet; Thence South 03°18'36" Kest, 191.52 test; Thee South 2130'43" last, 243.91 feet; Thee South 40°26'30" Kant, 334.29 feet to a point on the South line of said Section 32; Thence South 89°32'23" tat, 400.00 feet to the Point of lngieiss. (Also hears is 24277 Weld County load 953, Kersey, Colorado,) T008TKKt Vin all water and water rights appurtenant to the foregoing described portals including but not limited to 8.07/shares of Parsers tsservoir and Irrigation Compaq. 4 MOW A. Ann NI Its a w N�w 1 q• 0 • c w —. Recorded S a rye otloth WS 111M1 Bleed .944 per Reception No. inns a I I P YAWCourted, Cdorado 11Nrrfuuy Tait fG. MS DEED • a conveyance S the rd property described below. Include:ow nlpronmeea and other a49w1 Wlvea (the'broprrlyi Wm the individual*. co orstam(a), partmshb(al or other entity(*) named bebnaaGRANTOR loth, mdvlduaUs) or aiiM..l named below as GRANTEE The GRANTOR Mebv rave and conveys the properly to the GRANTEE and the GRANTOR awaits the tA4 to the Many easements except and rights' ad way evidenced UM hen S Ow Irma' recorded instrumentaoe* wises for the (� any patent reeseryyeer or this Wed. ations and exh the ception (4)EE any out. standing mineral mown Amon d record. and (6) any additional meow shown below under "Additional Warranty F.ecapt4ms" The speak Inca al IAN deed are: GRANTOR; o,nrw,M.i AM preenid rata. I it mwti is al. In.? sow a two in the Deed In where M.VwW Wet IMO* Cason n SANS and ed. Clarence A. Sitzman 1100 48th Avenue Greeley, Colorado 80631 GRANTEE IOw unit, eel adeMni. Vnn,ani S aloes.. ow ldq .Wei rued a. .cowl aunt,. . unease('I Donald G. Sitzman and Norma Lou Sitzman ��2��422�a�7��7yyWer�l.edv�� County C�o�adRd. 53 WhaeOreasidi Jim: pm ,m.rcr 'avouch s iPa mire moire are add n IN elute Sue I PROPERTY DESCRIPTION: Inuit ..coin .M asni.I An undivided one-half interest in and to the hereinafter described property. See attached Exhibit A for property description. PROPERTY ADDRESS: Store Documentary Fos AUG 1 T RBI Dam S fO.pp 24277 Weld County Road 53 Kersey, Colorado 80644 CONSIDERATION: rot mainly id• dais „,aaii n °plea. Statue cceselcaten Sur ha deed W le eared roe e•esevere. d.asd • a O. a my car O. nnnwwnra .n.Na.. Ind „d a•udmd I The consideration is $100,000.00 RESERVATIONS -RESTRICTIONS in the fiaNTUMcrank towetter emanates, nit. warty us mnevya•Ilece a•.,.dSec GRAMM re calming lea GRANTEES Sella IS visor. nut. winner strew I See back of this instrument. ADDITIONAL WARRANTY EXCEPTIONS: nn.ur n..ea,e. pan vow.dad ad wvn ,wl,....,.....d d...l Subject to note and deed of trust to the public trustee for the benefit of Federal Land Bank of Wichita, Kansas for $140,000.00 which purchasers agree to assume and make the paym nt on one- half of said obligation. Siad on C440.01.^.0 it I it (Clarence A. Sitzman) Gress Grano ,' TM lore .4 winnow we acknowledged *We lisle ib. a 9at • It: I Clarence A. Sitzman rWITNES6 rnv Rued and Shied seal _ .. ..,-• days July ACtNdm' STATE OF u, COUNTY OF .19 The har.WoI4 trainman wanacWioatdned beton me the days W WITNESS nP hand and oft* eel My tanNwlel spew Grantor New Par *IN UPDATE LEGAL FORMS In SOX IFIW. Men N MLMAIInaot= NO al cal a 944 il91i64m BOOK RECEPTION. Reservations -Restrictions: 1. Taxes t not 2. Right of way the year line purposes yete or le. to Poudre Valley Rural Electric Association, a corporation, by instrument recorded June 22, 1973 in Book 694 as Reception No. 1615927, said right of way not being specifically defined. 3. Right of way for county roads 30 feet wide on either aide 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. 4. Reservation of one-half of all minerals, including oil and gas, as reserved in deed from Ernest J. Michalik and Mary A. Michalik to February 26, 196e5 inoB Book 535 asnReception d tNo. h o145recorded 7421. 5. Reservation of all minerals, including oil and gas, as reserved in deed from Albert Holman, Sr. and Elizabeth Holman to Albert L. Schott and Mary Schott, recorded January 24, 1973 in Book 684 as Reception No. 1606048. 6. Quit claim deed from Albert Holman, Sr. and Elizabeth Holman to Albert L. Schott and Mary Schott conveying all oil, gas and other minerals in, on, along and underlying the following described lands: That part of Tract A, Amended plat of Minor Subdition 32, Township 5 Rangev64iwestOofl6, of the 6thhe SE4 of P.M., whichcsaid amended plat North, wee December 28, 1972 in Book 682 as Reception No. 1604341, specifically described as follows: Beginning at the northeast Corner of the SE4 of said Section 32, and considering the East line of the SE4 of said Section 32 as bearing South 00 00' 00" West with all other bearings contained herein being relative thereto; thence South 000 00' 00" West along the East line of the SE4, 1,122.05 feet go the true point of beginning; thence continuing South 00 00' 00" West along the East line of the SE4, 200 fest: thence South 900 00' 00' West, 268.51 fget; thence North 00 00' 00" East, 200 feet: thence North 90 00' 00" East, 268.51 feet to the true point of beginning: of Coloradoeaslreserved ng being instrumentCrecorded Maydand 16, 1973 in Book 691 as Reception No. 1613319. Exhibit A PAltrn A 1I' .nel . Lund located in the SI:It St' tlon 12, ToW4hlp 5 North, I.,'''' N. Wt..' .I' the it P.M.. Weld County. colorsJo. ere port I. dirtyy dt v. I I' Inl' .t the'. nU, u.vluu ln; 1110a .It Iu 5ntlwncl 1:0r0.1 ••( Hold � rt loo 12 dud Hann Llrt lnY. M 'I.•....f .Id Si', than 1: .I• brut h'W .artu n4� I:' 1" Weil wllb .ill other In it is... . 1.•J tit ro In re let Iv, l tier, to; 4nl,,nq n•i II,I4• ...ii1, M'1"1"21" 14 s .Ilan .'.1 Id Sant', Iint. n d ;stall,, of Fibs Ira. :Sant in bee ;satin:: .,.Ild snot Ilur .., 71 d.. • I, t: on.• ...nl Lm Inn Narlb 4r' 1:':)" t4 .l Ilmq 1 I • 'rIit 110'Teal.,'" I.'rt. 4l'i.h1 feat: rt ;•...rth s.' 'I1'l0 l': I' lit . I7h.91 :tot; ,.. ;s t' u." Eau. 105.11 f..at; 1.•.• ... t. 41"'•` 1n" I':'.! . I,1.98 (rvt; -ub '15''9" Iasi. 1111.1) feet; 1 net c. et , .y' East , S' .i) f..t; 1tb •' .'llh" tact. fool; ,1° 'n4' 114t. :,1h,!1 feet; .,..1 , - 'hill" lint. 41.22 loot; .' I II P.- t(ant. IS9.,! (art; ... .itit ` alit' East. 441.49 fart: IS' .8' Y." r:wt . 1.11. 77 foot: II- .Is. nth '1 lK'la" F.Int. 191.S. feet; lit,. , sou. !I` SU'51" East. 241.'11 fret; ..•.n.. Coat. '1'.'X'10'• East. 514.:9 foot to the true I.,In? "r r.eri:m Lu. OW' A'I N pat .1 of lane. lot tted 1n the 4:': of Se. tbm 32. I'ownsl.le 5 '.••r. I. Ann:. . st of the I.N. 1'.`.. 1•e:A County, Colorad.I, n.: re part t,ul.trly a... rt'•..I lot lows: Ne.,lnutng at ch. Saathe..at Corner of call Srrl ton 32 Anil ronclder Ito.. II... soul'. I tin• of said St' t ion 32 as br.trlug North H9'32'23" Woet with al of E..r 'cal 1.• • alit a lu.d hire to r.- I at iv,' thereto: Hoot e Corti. Inn t10'a0" West, 2.172.75 feel-; ➢..•u, a ',aril. 99' 56'05" Wont. 958. fh trot; ell. u,1 `entb :0 ch•»R" Writ, 144.12 foot; 1'h..n.. South 28'12'47" Writ, 160.1n feet: 711...1,.. Seth 40'11' IQ" West. 435.71 'net; Sou( t• 59°5:'1U" East. 444.49 foot; I ....• South 11' i9' .'d' Feast. 491.77 I, et; 1 i.• >mth nl I8' Ili' r,...t . 19.5! ft'•t: 11... . 8oat11 :1 Ad41" Fast. !al.'ll fe�.t: 'Unit 1.•1 sll1 111,"1. Soot'. 411':1l' VI" East, 514.24f.or to .I 1' oint on lie Stns ion 12; lit, It.. South i'1 17':1" Ltdl. 1013.111) 'vet to the Point of Ito. oulln:. Together with 8.07 shares of stock of the Farmers Reservoir and Irrigation Company. A81414828 N 0986 REC 01914824 01/10/03 15:33 $6.00 1/002 . .. _...lo. r 2251 MARY ANN FEUER.STEIN CLERK 6 RECORDER WELD CO, CO sQ. Warrartfriteed Q THIS DEED Is a conveyance of the real properly descrlbod below. Including any Improvements and other appurtenances She "properly") born the InJividual(s). corporalfon(s), pnnershlp(e), or ol her enlily(ies) named below as GRANTOR to the Individual(s) or on111y(les) named below as GRANTEE. • I he GRANTOR hereby sells and oonveys the properly to lire GRANTEE and the GRANTOR warrants the bale in the properly, eecepl for (I) Ire lien of the gunotal properly taxes bur Iho year of this deed, which the GRANTEE will pay (21 any easements and r ighisrohway shown of record 43) any patent reseryallons and dacepllens (d) anyoutstanding mineral interests shown ol record IS) any protective covenants and restrictions shown of record, and 161 any additional mailers shown below under'•AddrNonal Warranty Fee epuon s". The Speellic Terms of This Deed Are: Granitic Ir. c cane ni cvi pyae(1) el r sirlence. rl me spouse of the owner yon I or .10i01ry alibis Deed iurerene he mes lea•I rrgnp, idemAy or arauu as husband m0 ode 1 CLARENCE A. SITZMAN, DONALD G. SITZMAN and NORMA LOU SITZMAN Grantee: [Ohm namepl and addreufe ii. stn enrtrrl all address, including au=able road or sheet.,urn Per. II rellubed 1 CLARENCE A. SITZMAN AND GLADYS C. SITZMAN 1100 48th Avenue Greeley, Co. 80634 Form of Co. Ownership: mere me 1,00 Of more granite,named. Me/ war be mmlrkred to lake as Imams In common urdn+ Inn soros-rn' loin Tenancy' ea cords el me same mewling are added in me space berme I - — " IN JOINT TENANCY " Slate Documentary Fee Properly Deserlplbn: oncntleconnly and carol See attached Exhibit "A" 001.....JAN..L41 1983 o Dr°pertyAddrn,: 24277 Weld County Road 53, Kersey, Co. 80644 Conaide,.11on: (lire sraleererrI or a deem amo:rm rt optional. auo,ualecomlrerabo n lorinn deed wn1Dn 'Thorned paler, Ills mrrre,ance I+ idenl•ImM as a e•II, In any Call, in. conveyance r+absoiuls. Irnal and rl reonmhonal) TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($200,000.00) Resenel{one•Rtlldellonu of Me enArl mnrd eride to twee anybnomesI In heproperly w roeerrkey le+ulran be owns. or rh"e OfANnOn n retinaeo Jim IMAM LI_ Simla in the probed,, male ap yrrnrum mwcalran I Addllbnel W.turfy E aeepilons: Iheruae Deeds or bus borne 'soused and oil el maven roar en.ercd ahme [.ecoledb,w0Olontornn December 30 , 82 syrMM1 Clause Id COrya1Mbn, Partnership et Aeleclelbn: Fly oy AI or 'lame of Oramm Cogrorehon. Paruersnrp en AstOcra: JIn/ Sicone,aye. Ghana Om knNMWel(e) 1/ : t/(((4.//h:t rrLJ/;.c cc 1/ rC& lG O rancor Attie - 0 t4,1101 $I �Oyc oAno (ttopisr9enerir. r eye Id 1 39 4 �wt\VI�/y� bmpa w+ukr„wleegeu belor<sa ern 30th day of December .w 82 !r' a COWSLd Q. Sitzman, Norma Lue Sitzman Sitzman and Clarence A. wrrYk5' m/ lripp sod eT py. S:un.rd:;inn EarplrM D15. 19r 1926 cod yC<ptG ) ss Inc lo400uq msoume,,l was acknnwk•Iged Dare me n•.e Cl..• I' ramie.MrerdualOranlorn) Ord GlanrOrrsCorporahurs Parinershr pot A+loel.i,nn, lhenldenrrly +•mere acprnrdenl 0r a ce pres.Ce:Mend le<renry0r af+iaranl secretary alb eorMratron: 01 es padetc(5l o1 parinetehlp, Oral aulnorrred mernberl+l or a+rocralalr I WI MESS my hand inn Olrrcmal seal My cowaJnsen newer //%�. �)�l 7.1 O Sitzman („Z1..'t: y1,14t2tAte MW 916 ?GIN Street Gre:lcy, CO 806]( day of 19 a Iser UPOAlt LI OM edtw P.O. no, 1815 - (Metre. Colorado 506)? SAI bL9Me MO. MI B 0906 REC 01914024 01/10/03 15:33 $6.00 2/002 F 2252 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT "A" PARCEL A A parcel of land located in the Southeast Quarter (SE1/4) of Section Thirty-two (32), Township Five (5) North, Range Sixty-four (64) West of the 6th P.M., County of Weld, State of Colorado, more particularly described as follows: Beginning at the. Southeast Corner (SE Cor) of said Section 32 and considering the South line of said Section 32 as bearing North 89'32'23" West with all other bearings contained herein relative thereto; thence North 89'32'23" West along said South line, a distance of 400.00 feet to the True Point of Beginning; thence continuing North 89'32'23" West along said South line 2,264.96 feet; thence North 00'15'00" East, 268.68 feet; thence North 52'03'03" East, 376.93 feet; thence North 75'02'36" East, 105.33 feet; thence South 81'26'30" East, 151.98 feet; thence North 79'15'49" East, 102.33 feet; thence North 56,35'55" East, 439.17 feet; thence North 29'26'06" East, 95.24 feet; thence North 08'42'04" East, 436.23 feet; thence North 29'18'11" East, 91.22 feet; thence North 40'll'19" East, 189.27 feet; thence South 59'52'10" East, 444.49 feet; thence South 15'58'49" East, 493.77 feet; thence South 03'18'36" Cast, 191.52 feet; thence South 21'30'43" East, 243.91 feet; thence South 40'28'30" East, 534.29 feet to the True Point of Beginning. PARCEL B A parcel of land located in the Southeast Quarter (SE1/4) of Section Thirty-two (32), Township Five (5) North, Range Sixty-four (6q) West of the 6th P.M., County of Weld, State of Colorado, more particularly described as follows: Beginning at the Southeast Corner (SE Cor) of said Section 32 and considering the South line of said Section 32 as bearing North 89'32'23" West with all other bearings contained herein relative thereto; thence North 00'00'00" West, 2,132.75 feet; thence North 89'56'05" West, 958.36 feet; thence South 20'56'48" West, 144.12 feet; thence South 28'32'41" West, 160.30 feet; thence South 40'11'19" West, 435.73 feet; thence South 59'52'10" East, 444.49 feet; thence South 15`58'49" East, 493.// feet; thence South 03'18'36" East, 191.52 feet; thence South 21'30"43" East, 243.91 feet; thence South 40'28'30" East, 534.29 feet to a point on the South line of said Section 32; thence South 89'32'23" East, 400.00 feet to the Point of Beginning. x•• inamm AR)Y45444 B 1011 REC 01945444 11/01/83 08:29 $3.00 1/001 F 2284 MARY ANN FEUEdSTEIN CLERK 6 RECORDER WELD CO, CO STATE OF COLORADO CERTIFICATE OF DEATH cps r11tIAH WI COMMAS,I 51• . our og ola..,,,..... Ga. .ia ..a• ..00., ,•a. Clarence Sir scan I,Ma le _L August 2, 1983 rr D... •. i l Weld c American 1.. 55 _le 1.__..1; + I, •Oct:.2 _ 1927 i re 1ey ., 1100 9911h.oGYeflUe >-, learn „E... i,71,,. . �oowio O,voaCID M••• I f. Gladys Croi ss,'aut _ _ '.n i Or ado. y_UnitecLStates �foi'+r acct. .... .,,-. ,-.. .,,. -)51:757 ..._ _farine 11 iaLLY ^an • • Agriculture i-0.•••••i-0.••••• lc, ,D.ry o•..+.••aa fa i.u•... ... . ,.,. .. c'nlora'to _..• Weld _1_,. Greeley ___.__ RO63?i:,4. 1100 48th Avenue rc Sit tear: Ir. - ;ecrge I j,,i' ern Wifc ••1100 48th ;cenus '•reeky I:'>1•.r,- Ir, Iii S nClio, a. c aa•,o...,.,el..r,,x.r.n., .. ., ... �. ,. •r..n.., oar ,.�. >..... a _•. %aL.._ +E.• -S.-1 831•• I_inn_GI�r-c tencicty_ -. G:tsicy _. Go19r�l±' .__ •,:,on , .. I..D.UD.11*D„oMUa .r.+r w•• D..,:,...,. n-,',., 99 ,...Macy Allnutt 702 13th St. Greeley, Colorado E0631 O. (0.pr. -4. -.,.... ......i.. 4.C,.• -.<.r,. — -- a NL ACwlya '' ,•• .. <�••,eq 3:35P .a,.l o. •..»O•.•tl ual-:w VD•IA0 l.. t. lit.H o• o. •Oil %S o. A4 I C cwlxl or 'I )) -t- a: D.pD 1 '. O. .1• (110 a. •-t•12.x, t•.r cd.O� uC0/1.- .r rte•«..r•u�...... r... r� D•llSAD .OV• OS .Rfl.• ... ••,•. I .... . ....�.- •¢l Osaa• Due sw,llo w_ D....., gD»oDx10 or•o �.. c.. -.. Thomas R. Lininger 1900 16th Street n Greeley, CO 80631 ul ncUwID r. •Icn•.•.'.-_ C.. •� Ailn rti`t neputy h. Au$uat 9, 1983... r x•tC f\u !t I' Nu 1 'EPTlF° THIS DOCUMENT IS A TRUE AND CORRECT COPY OF THE RECORD 1N Y' GUlREO BY LAW. Witness fly hand and Seal This „Zcll_day of , 0Lt be 15 - • UUT t Le:.ut fi� ►..� ., �� 7R}R r vIThi brFL -.. �f: L ev; Registration District Number 2jd _.. ... a: fr, Si-I\� MEH r,rrrlev if),, r.nlr.y Y,(' e r-� :'f CM i n•..HL L T H PENALTY BY LAW 1f any person alters, uses. attempts use, or furnishes CO another for decept;ve '•%r aan'/ - stntistics certificate Itit2429344 2429344 B-1482 P-1016 03/08/95 03:42P RJ 1 OF 3 RFC' DOC Weld County CO Clerk & Recorder 15.00 21.10 PERSONAL REPRESENTATIVE'S DEED (Testate Estate) THIS DEED is made by Clare -nee (73:9-c•- flitnr.c.: std Women fidne Ci•mtan . as Personal Represent,uive of the Estate of ad'is C. S idinahn s]�a Gladys ** deceased, Grantor, to Kersey Parr, O Colorado-tputed L:snail 3ly rp_nnanv , Grantee, whose legal address is 1225 17th Street 29th Floor Denver,_CO 80202 of the 'County of r9nver .tad __ Slate of Cm orado. WHEREAS, the Last Will and Testament of the above named gee dent s t d • ' n d exec to nth time of the sit decedent, and is dated o t 10 '98-1 - w tit Will was eduly +tti steal to (funno ) ynkaimly August 1;Li rs probate on - a _ — I9 94 — _ . he the siet Court in and for the County of - kh_ad State of Colorado, Probate Na 94 ?R 355 • W I IIRI(AS, Grantor was duly appointed l'etsonal Representative of said Estate on — _.t , 19 n4 , and is now qualified and acting in said capacity. NOW, THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby sell. convey, assign, :1 artsl'cr and set over unto said Grantee (ineittnanuw}yx" (for and in consideration of Th-:o Hundred ES -void_ 'l ouoard 6.1.2, ac./ Qit ;L. , . 8db .U(.1 _ Dollars)** (As the person entitled to distribution of the property in the above captioned Willi"" the following described real property situate in the — .- County of ___-1' 1'I State of Colorado: Ccc Exhih-,I " .i (mod -per '"C herb^ L. iii-c.eron e. ** Sitarrui a/k/a Gladys Christine Sitatan a/k/a Mrs. Clarence Sitznan also known by street acid number as 2427 Weed Cot tour Road 53, Sec sey, CO 80041 With all appurtenances, subject to covenants, easements and rest rictivas ofrecord. and subject to general property taxes ler the year 19 95 and subject to Sec Fx'stsit "5" attached hereto and icec rim cated here_n by this reference. As used herein, the singular includes the plural and the plural the singular. A Executed March 7 lyrsro-e (Ito)ggc S4hzno :,areOtt 9c:: STATE OP COLORADO COUNTY OP e �yer�y�1�4 SS, rtrentt Yo.n ul Hqv> LZC,u The lutugtnng insttumcnt was acknowledged hrhvr nv Otis __ day of _ 19 --' by C tare eor-(r Sideman anci Warren 8.3ney Sii ts:.sn ,- a P.nnnal qe of the foists of " _:_ I .i__a/k/a Gladys S1ta!an **tcvased µin, ,Kh b et4.M4c d seal *** a/k/a Gladys Christine Sitznan a/k/a Mrs. Clarence Sitznan K7 2 glint t t i qr c0.,^y 111-15-0 f ipi_,. 04RLr:6,;F $ VGt \. .iii , / -/-..;(2/C CPC46. Rev. 1117. RNatt\at. NCPa1,1N IS,.]ur rotttamn r tipv.ei l9n) 2429344 B-1482 P-1016 03/08/95 03:42P PG 2 OF 3 f HIII BI'C 'h" PARCEL 1: A parcel of land located in the SE1/4 of Section 32, Township 5 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado, more particularly described as follows: Beginning at the Southeast corner of said Section 32 and considering the South line of said Section 32 as bearing North 89 degrees 32 minutes 23 seconds West with all other bearings contained herein relative thereto; thence North 89 degrees 32 minutes 32 seconds West along said South line, a distance of 400.00 feet to the True Point of Beginning; thence continuing North 89 degrees 32 minutes 23 seconds West along said South line 2,264.96 feet; thence North 00 degrees 15 minutes 00 seconds East, 268.68 feet; thence North 52 degrees 03 minutes 03 seconds East, 376.93 feet; thence North 75 degrees 02 minutes 36 seconds East, 105.33 feet; thence South 81 degrees 26 minutes 30 seconds East, 151.98 feet; thence North 79 degrees 15 minutes 49 seconds East, 102.33 feet; thence North 56 degrees 35 minutes 55 seconds East, 439.17 feet; thence North 29 degrees 26 minutes 06 seconds East, 95.24 feet; thence North 08 degrees 42 minutes 04 seconds East, 436.23 feet; thence North 29 degrees 18 minutes 11 seconds East, 91.22 feet; thence North 40 degrees 11 minutes 19 seconds East, 189.27 feet; thence South 59 degrees 52 minutes 10 seconds East, 444.49 feet; thence South 15 degrees 58 minutes 49 seconds East, 493.77 feet; thence South 03 degrees 16 minutes 36 seconds East, 191.52 feet; thence South 21 degrees 30 minutes 43 seconds East, 243.91 feet; thence South 40 degrees 28 minutes 30 seconds East, 534.29 feet to the True Point of Beginning. EXCEPTING THEREFROM a parcel of land conveyed to Farmers Reservoir and Irrigation Company by instrument recorded June 5, 1911 in Book 335 at Page 501. PARCEL 2: A parcel of land located in the SE1/4 of Section 32, Township 5 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado, more particularly described as follows: Beginning at the Southeast corner of said Section 32 and considering the South line of said Section 32 as bearing North 89 degrees 32 minutes 23 seconds West with all other bearings contained herein relative thereto; thence North 00 degrees 00 minutes 00 seconds West, 2,132.75 feet; thence North 89 degrees 56 minutes 05 seconds West, 958.36 feet; thence South 20 degrees 56 minutes 48 seconds West, 144.12 feet; thence South 28 degrees 32 minutes 47 seconds West, 160.30 feet; thence South 40 degrees 11 minutes 19 seconds West, 435.73 feet; thence South 59 degrees 52 minutes 10 seconds East, 444.49 feet; thence South 15 degrees 58 minutes 49 seconds East, 493.77 feet; thence South 03 degrees 18 minutes 36 seconds East, 191.52 feet; thence South 21 degrees 30 minutes 43 seconds East, 243.91 feet; thence South 40 degrees 28 minutes 30 seconds East, 534.29 feet to a point on the South line of said Section 32; thence South 89 degrees 32 minutes 23 seconds East, 400.00 feet to the Point of Beginning. EXCEPTING THEREFROM a parcel of land conveyed to Farmers Reservoir and Irrigation Company by instrument recorded June 5, 1911 in Book 335 at Page 501. 2429344 B-1482 P-1016 03/08/95 03:42P PG 3 OF 3 EXHIBIT "B" Subject to the following exceptions: general taxes and assessments for 1995 payable in 1996; easements, reservations, mineral reservations, conditions, agreements, limitations, exceptions, oil, gas and mineral leases, restrictions, covenants and rights of way, all of record or as may exist by use on the premises; shortage in area, conflicts in boundary lines and all other matters that would be disclosed by an accurate survey including, but not limited to, encroachments and boundary discrepancies; subject to all governmental laws, rules and regulations; and subject to inclusion within any special or general districts and the benefits, liens and burdens arising therefrom and subject to the right of way recorded in Book 86 at Page 273; reservation of right of way recorded in Book 460 at Page 29 and in Book 507 at Page 280; mineral reservation by decd recorded in Book 535 as Reception No. 1457421; oil, gas and other mineral reservation in deed recorded in Book 684 as Reception No. 1606048 and as conveyed by deed recorded in Book 691 as Reception No. 1613321; and easement and right of way by instrument recorded in Book 694 as Reception No. 1615927, all in the Weld County Records. QS- NOTARY PUBLIC 1113 Tenth Avenue Greeley, COLORADO 80631 AR2VlU]55 SPECIAL WARRANTY DEED THIS DEED, Made this 15th day of March, 1995 between Kersey Farm, LLC, a Colorado Limited Liability Company of the County of Weld and State of Colorado, grantor,and James D. Fox and Patricia A. Fox whose legal address is 24277 Weld County Road #53, Kersey, Colorado 80644 of the County of Weld and State of Colorado, grantees: WITNESS that the grantor(s) for and in consideration of the sum of ONE HUNDRED FIFTEEN THOUSAND FIVE HUNDRED AND 00/100, ($115,500.00) 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(s), their heirs and assigns forever, not in tenancy in common but in joint tenancy, all real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: Lot A of Recorded Exemption No. 0963-32-4-RE1707, recorded March 14, 1995 in Book 1483 as Reception No. 2429855, being located in the SE1/4 of Section 32, Township 5 North, Range 64 West of the 6th P.M., County of Weld, state of Colorado. TAR WITH 1 Share of the capital stock of the Farmers Reservoir 6 Irrigation Company. 2430755 R-1483 P-1032 03/20/95 03:06P PG 1 OF 1 Weld County CO Clerk & Recorder RFC Ixx2 5.00 11.55 also known by street and number as 24277 Weld County Road t53, Kersey, Colorado 80644 TOGETHER with all and singular the hereditament. and appurtenances [hereunto belonging, or in anywise appertaining, 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 premise., with the hereditament. and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the grantee., their heirs and assigns forever. The grantor(s), for its heirs, personal representatives, successors, assigns does covenant and agree that it shall and will WARRANTY AND FOREVER DEFEND the above -bargained promises in the quint peaceable possession of the grantees, their heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor(s). IN WITNESS WHEREOF, the grantor(*) has executed this deed on the date set forth above. STATE OF COLORADO county of Weld Kersey Farm, LLC, a Coloradq'JLimited Liability' Company i/ BY / a �l. le' 1 /7/ /J' . Edward M. Giles, Manager ea. The foregoing instrument was acknowledged before me this 15th day of March, 1995 by Edward M. Giles, Manager of Kersey Farm, LLC, a Colorado Limited Liability Company Witness my hand and official seal. My c2nTioeion expires Nov,1bep f5, 1997 Cy� 326 333 1 111111 IIIl iFJ-i�e- Fiil �liii III Hill IIII IIII 3330333 10/10/2005 02:49? Weld County, CO 1 of 1 R 6.00 D 0.00 Steve Moreno Clerk 8 Recorder QUIT CLAIM DEED THIS DEED, Made this 10n day of October , 2005 between James D. Fox and Patricia A. Fox of the County of Weld and State of COLORADO, grantor(s), and James D. Fox and Patricia A. Fox whose legal address is 24277 WCR 53, Kersey, CO 80644 of the County of Weld, State of COLORADO, granter(s); WITNESS, That the grantor(s), for and in consideration of the sum of Teo and No/100 DOLLARS ($10.00), the receipt and sufficiency of which is hereby confessed and acknowledged, has remised, released, sold and QUIT CLAIMED, and by these presents dues remise, release, sell, and QUIT CLAIM unto the grantee(s), not in tenancy in common but in Joint tenancy, thc survivor of them, their assigns and the heirs and assigns of such survivor forever all the right, title, interest, claim and demand which the said grantor(s) has in and to the following described lot(s) or pareel(s) of land, situate, lying and being in the County of Weld, and State ofCOLORAIX) described as follows: Lot B of Recorded Exem No. 0963 -32.4 -RE -2760, recorded August 18, 2000 at Reception No. 2787899, being a part of thr %outISQuarter of Section 32, Township 5 North, Range 64 West of the 6. P.M. , County of Weld, State of Colorado fC SOsailCc..si- also known by street and number as 24277 WCR 53, Kersey, CC) 80644 TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest, and claim whatsoever, of the said grantor(s) tither in law or equity, unto said grantee(s), the survivor of them, their assigns, and the heirs and assigns of such survivor forever. 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(s) has hereunto set his hand and seal the dale set forth above. Signed. aled and Delivered in the Presence of es a Fox LL'ItCSf _ Patricia A. Fox STATE OF COLORADO COUNTY OF Weld }SS: The foregoing instrument was acknowledged before me thi By lames D. Fox and Patricia A. Fox Witness my hand and official seal. My Commission expires: Dte4,40r r /r` �tb6 G (nary Public 3j by James D. Fox Insert "Coy and' if applicable. 1 111111111111111111111 11111111111111111 III 11111 Ilfl If11 3413310 08/21/2006 12:58P Weld County, CO 1 0l 1 R 6.00 D 0.00 Steve Moreno Clerk 6 Recorder QUITCLAIM DEED THIS DEED, 'rude this 16th day of August between James D. Fox and Patricia A. Fox of the Colorado .2006 . 'County of We id and Slate of , grantor, and James D. Fox and Patricia A. Fox whose legal address is 24277 WCR 53, Kersey, Colorado 80644 of the (MUM)/ of Weld and State of Colorado .gramres: WITNESS, that the grantor, for and in consideration of the sum of 'Pen dollar DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUITCLAIMED, and by These presents does remise. release, sell and QUITCLAIM unto the grantees. their heirs, successors and assigns forever, not in tenancy in common but or Joint tenancy, all the right, title, interest. claim and demand which the grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: Lot "A " of Recorded Exemption No. 0963-32-4 RE -4275, situate in a portion of the Southeast Quarter of Section 32, Township 5 North, Range 64 West of the 6th P.M., Per map recorded on April 5th, 2006 as Reception No. 3316759 in the records of the County of Weld, State of Colorado. also known by sheet and number as: 24159 NCR 53, Kersey, Colorado 80644 assessor's schedule or parcel number: TO HAVE AND TO 1101.0 the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate. right, title, interest and claim whatsoever of the grantor, either in law or equity, to the only proper use. benefit and hehou( of the grantees, their heirs and assigns forever, The singular number shall include the plural. the plural the singular, and the use of any gender shall be applicable to all genders. IN,) NESS WHEREOF, l e grantor has executed this deed on the dd set forth above. _ tims James D. Fox STATE OF COLORADO County of Weld The foregoing instrument was aob .' '' me this 'tr• day of Aug uSC 2006 . NOTARY PUDL10 cik MI AOIATIIlea {TAD Vs 10, le10 Witness my hand and official seal. My commission expires: N,..,r P.ul,e Nemc and Aabee el Paton C,uuog Nex15 C,anM Legal t%any ,,, rt ]tl 15.106 5, eN S No. 962 Rev, 444. QUITCLAIM DEED Ito ARM Want.) Bradford Pohl'thing. 1743 Wince SI.. Lkn vet. CO 50202'-(303) 292-2500 — rsww.hradfnrdpublishing.cma — I1113 a A. Fox 3891675 Pages: 1 of 1 11/29/2012 09:07 Rl1 R Fee:$11.00 0 Fee'$4. 50 Steve SteMorena. Clerk and Recorder. Weld County, CO VIII EL WI VI I#? 6ir'IIV i II II III 11111 IIIBill 111111IIII III Warranty Deed (Pursuant to 3830-113 C.RS.) State Documentary Fee Date: November 28, 2012 $ 4.50 'IBIS DEED, made on November 28, 2012 by JAMES D. FOX AND PATRICIA A. FOX Grantoe(s), of the County of WELD and State of COLORADO for the consideration of ($45,000.00) •" Forty Five Thousand and 00/100 ..a dollars in hand paid. hereby sells and conveys to INTERRA, LLC, A COLORADO LIMITED LIABILITY COMPANY Crante '(s), as Joint Tenants, whose sweet address is 21495 CR 51 KERSEY, CO 80644, County of WELD, curd State of COLORADO, the following real propene in the County of Weld, and State of Colorado, to wit: LOT A OF RECORDED EXEMPTION NO. 0963-32-4 RE.4275 RECORDED APRIL 5, 20116 AT RECEPTION NO. 3376759 AND BEING A PART OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 5 NORTH, RANGE 64 WEST OF' THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO also known by street and nomber as:'111D WELD COUNTY ROAD 53, KERSEY CO 80644 with all its appurtenances and wan ants the title to the same, subject to general taxes for the year 2012 and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Grantee(s) in accordance with Record Tide Matters (Section 8.I) of the Contract to Huh and Sell Real Estate relating to the above described real property; distribution utility easements, (including cable 7V): those specifically described rights of third parties not shown be the public records of which Grantee(s) has actual knowledge and which were accepted by Grantee(s) to accordance with Off -Record Title Matters (Section 8 2) and Current Survey Review (Section 9) of the Contract to Huy and Sell Real Estate relating ro the above described real property; inclusions of the Pt operpy within any special tax district; and other NONE JAMES v. . FOX PA'tRIC. IA A FOX State of COLORADO ) ss. County of WELD the foregoing instrument was acknowledged before me on this day of November 28, 2012 by JAMES D. FOX AND PATRICIA A. FOX yMolar Public My commission expires NANCY A. LOHR NOTARY PUBLIC STATE OF COLORADO N•77AiiY ID 19924009574 My Commission Expires July 18. 2016 When Recorded Return to: ,t JNTERRA, LLC, A COLORADO LIMITED LIABILITY COMPANY ('21495 CR 51 KERSEY, CO 80644 Form 13084 111/2011 wd udt W,irranry Deed (Mint Tcnaut) FC25110765 {15424640} Prig Larx1 Title Hello