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HomeMy WebLinkAbout20132144August 8, 2013 CLERK TO THE BOARD PHONE (970) 336-7215, EXT 4226 FAX (970) 352-0242 WEBSITE: www.co.weld.co.us 1150 O STREET P.O. BOX 758 GREELEY CO 80632 TWO RIVERS REAL ESTATE LLC 2424 6 AVENUE GREELEY, CO 80631 RE: THE BOARD OF EQUALIZATION 2013, WELD COUNTY COLORADO APPROVAL OF STIPULATION BETWEEN PETITIONER AND ASSESSOR ACCOUNT NO.: R3566586 Dear Petitioner: On August 01, 2013, the Board of County Commissioners of Weld County Colorado convened and acting as the Board of Equalization, pursuant to C.R.S. Section 39-8-101 et seq., considered your request to approve and adopt a valuation of your property arrived at by a Stipulation between you and the Weld County Assessor, for the year 2013. The Board of Equalization found that the evidence presented at the hearing supported the stipulated value placed upon the above -described property as set forth below. Such evidence indicated the value was reasonable, equitable, and derived according to the methodologies, percentages, figures and formulas dictated by law. ACTUAL VALUE AS STIPULATED VALUE DETERMINED BY ASSESSOR APPROVED BY BOARD $259,600.00 $236,000.00 The above 'Stipulated Value' is the value which will be used in the calculation of your property taxes for 2013. This value is not appealable. If you have questions concerning the above information, please call me at (970) 336-7215, Ext. 4226. Very Ctruly yours, er,r Esther E. Gesick, Deputy Clerk Weld County Board of County Commissioners Cc: Christopher Woodruff, Weld County Assessor CC`. ME 3 0 2013-2144 AS0085 COUNTY BOARD OF EQUALIZATION WELD COUNTY Single County Schedule Number R3566586 STIPULATION (As To Tax Year 2013 Actual Value) RE PETITION OF : Two Rivers Real Estate LLC NAME: Two Rivers Real Estate LLC ADDRESS: 2424 6 Ave Greeley, Co Petitioner (s) and the Weld County Assessor hereby enter into this Stipulation regarding the tax year 2013 valuation of the subject property, and jointly move the Board of Equalization to enter its order based on this Stipulation. Petitioner (s) and Assessor agree and stipulate as follows: 1. The property subject to this Stipulation is described as: GR 1286-A L18-19 & S2 L20 BLK6 YOLKS & W2 VAC ALLEY ADJ aka 2424 6 Av, Greeley, Co 2. The subject property is classified as commercial office/warehouse property. 3. The County Assessor originally assigned the following actual value to the subject property for the tax year 2013: Total $259,600.00 4. After further review and negotiation, Petitioner (s) and Weld County Assessor agree to the following tax year 2013 actual value for the subject property: Total $236,000.00 5. The valuation, as established above, shall be binding only with respect to tax year 2013. 6. Brief narrative as to why the reduction was made: Subject has been listed on the open market for approxiamtly 3 years at $239,500. Sales comparables and income aproach indicate a value of $236,000 7. Both parties agree that: The hearing scheduled before the Board of Equalization on (Date) at (Time) be vacated. R3566586 1 2013-2144 EA hearing has not yet been scheduled before the Board of Equalization. DATED this 15 day,,pf July, 2013. cca ione F P r(s) or Agentghr'Attorney Address: h cl (i A 2_ Lt7 1_(o. Telephone: 0 ' ( t 1 Docket Number Stip-I.Frm R3566586 County Ass (As t nf) County Attorney for Respondent, Weld County Board of Commissioners Address: 1150 "O" Street P.O. Box 758 Greeley, CO 80632 Telephone:(970) 336-7235 sor 400,9 Address: 1400 N.17th Avenue Greeley, CO 80631 Telephone: (970) 353-3845 ext. 3697 2 NOTICE OF DETERMINATION Christopher M. Woodruff Weld County Assessor 1400 N 17th Ave Greeley, CO 80631 ACCOUNT Na TAX YEAR TAX AREA LEGAL DESCRIPTION/ PHYSICAL LOCATION R3566586 2013 0600 GR 1286-A L18-19 & S2 L20 BLK6 VOLKS & W2 VAC ALLEY ADJ 2424 6 AV GREELEY, CO 000000000 PROPERTY OWNER TWO RIVERS REAL ESTATE LLC 24246 AVENUE GREELEY, CO 80631 PROPERTY CLASSIFICATION ASSESSOR'S VALUATION ACTUAL VALUE PRIOR TO REVIEW ACTUAL VALUE AFTER REVIEW COMMERCIAL 292,500 259,600 TOTAL $292,500 $259,600 The Assessor has carefully studied all available information, giving particular attention to the specifics included on your protest. The Assessor's determination of value after review is based on the following: CM03 - After review of your property, we have made adjustments. This was done because of additional information obtained, or provided thru the appeal process. If you disagree with the Assessor's decision, you have the right to appeal to the County Board of Equalization for further consideration, § 39-8-106(1)(a), C.R.S. The deadline for filing real property appeals is July 15. The Assessor establishes property values. The local taxing authorities (county, school district, city, fire protection, and other special districts) set mill levies. The mill levy requested by each taxing authority is based on a projected budget and the property tax revenue required to adequately fund the services it provides to its taxpayers. The local taxing authorities hold budget hearings in the fall. If you are concerned about mill levies, we recommend that you attend these budget hearings. Please refer to last year's tax bill or ask your Assessor for a listing of the local taxing authorities. Date of Notice: 6/27/2013 Telephone: (970) 353-3845 Fax: (970) 304-6433 Office Hours: 8:00 AM - 5:00 PM Please refer to the reverse side of this notice for additional information. RECEIVED JUL 0 3 2013 WELD COUNTY COMMISSIONERS 15-DPT-AR PR 207-08/13 R3566586 16589 APPEAL PROCEDURES County Board of Equalization Hearings will be held from July 1 through August 5 at 1400 N 17 AVE. To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below, and mail or deliver a copy of both sides of this form to: Weld County Board of Equalization 1150 O Street, P.O. Box 758 Greeley, CO 80631 Telephone: (970) 356-4000 ext, 4225 To preserve your appeal rights, your Petition to the County Board of Equalization must be postmarked or delivered on or before July 15 for real property — after such date, your right to appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with proof of mailing. You will be notified of the date and time scheduled for your hearing. The County Board of Equalization must mail a written decision to you within five business days following the date of the decision. The County Board of Equalization must conclude hearings and render decisions by August 5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of Equalization and you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by September 12, § 39-2-125(1)(e), C.R.S. If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of the following: Board of Assessment Appeals District Court 1313 Sherman Street, Room 315 Contact the District Court in the County Denver, CO 80203 where the property is located. See your (303) 866-5880 local telephone book for the address and www.dola.colorado.qov/baa telephone number. Binding Arbitration For a list of arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day, § 39-1-120(3), C.R.S. PETITION TO COUNTY BOARD OF EQUALIZATION What is your estimate of the property's value as of June 30, 2012? (Your opinion of value in terms of a specific dollar amount is required for real property pursuant to § 39-8-106(1.5), C.R.S.) $.na',b0c What is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original installed cost, appraisal, etc.) I ATTESTATION 4 undersigned owner or agent"" of the property identified above, affirm that the statements contained d on gayattAchments hereto are true and complete. ignatlre } ei7c - vis 17.E i tsfi zs Telephone Number Date Email 2323 Attach letter of authorization signed by property owner. Address 15-DPT-AR PR 207-08/13 R3566586 16589 1 Per Page - Listing Report Page 1 of 1 Approx Acres: 0.57 Water: City of Greeley Lot Size: 25000 Elec: Xcel Energy Gas: Atmos Energy PIN: R3566586 Zoning: I -M Available Date: Min/Max Vacant: Total Bldg SqFt: 5128 Total SqFt Leased: Min SqFt Avail: Potential Rental Income: $2,500 Less Vacancy Rate: 0% Effective Rental Income: $2,500 Gross Operating Income: $2,500 Property Taxes: $6,747 Tax Year: Total Operating Expense: $6,747 Net Operating Income: $4,247 Cap Rate: -1.77 Gross Rent Mult: 99.6 Floor Levels: 1 Max SqFt Avail: IRES MLS # : 656957 PRICE: $239,500 2424 6th Ave, Greeley 80631 SALE: COMMERCIAUINDUSTRIAL ACTIVE Locale: Greeley County: Weld Area/SubArea: 10/17 Map Book: O - 99 - KR45 Subdivision: Volks Legal: Lot 18 and 19 and the South 1/2 of Lot 20, Block 6, Volks Subdivision, and the West 1/2 of the Vacated Alley Adjacent to, City of Greeley Built: 1963 New Const: No New Const Notes: Listing Comments: Owner occupied. Income is estimated. Note square footage does not include mezzanine space. A flexible office and warehouse building with fenced storage and lots of paved parking. Owner financing available or owner may lease back a portion. Mineral Rights are excluded. Driving Directions: From 8th Avenue, go east on 22nd Street to 6th Ave.; go south on 6th Ave. to property. The property is on the east side to the street. Property Features Land Size: .25-.5 Acre Construction: Block, Metal Siding Roof: Tar & Gravel, Metal Roof Commercial/Industrial Type: Office, Industrial/Warehouse Fences: Enclosed Fenced Area, Chain Link Property Features: Storage on Site, Paved Parking Lot Improvements: Street Paved, Curbs Road Access: City Street Parking Per Building Square Foot: 1:250 Basement/Foundation: No Basement Heating: Forced Air, Space Heater Cooling: Refrigeration/HVAC Utilities: Natural Gas, Electric Water/Sewer: City Water, City Sewer Ownership: Private Owner Possession: Owner Will Vacate Tenant Pays: Nothing Flood Plain: Minimal Risk Existing Lease: Not Leased Sale Includes: Building(s), Land Possible Usage: Commercial or Industrial New Financing/Lending: Cash, Conventional, Owner Financing Showing Instructions: Lockbox, Call Listor Exclusions - Mineral Rights SqFt Source: Licensee Contact: Stanley Jantz Phone: 970-353-3845 Cell: - Email: sjantz@co.weld.co.us Office: Weld County Assessor's Office Phone: 970-353-3845 LA: Bruce Willard LO: Austin & Austin Real Estate Prepared By: Stanley Jantz - May 20, 2013 8:36:01 AM Information deemed reliable but not guaranteed. MLS content and images Copyright 1995-2013, IRES LLC. All rights reserved. http://www. iresis.com/MLS/awa/reports/listing?reportName=One_ler_Page 5/20/2013 1_/ [Cr( . S1eLaS8Ce J Austin & Austin Real Estate Austutttstvl 91813th St Ste 1 Greeley, CO 80631 Phone: (970) 353-0790 Fax: (970) 353-0799 1 I The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. 2 I (CP40-10-11) (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 COUNTERPROPOSAL 8 9 10 11 1. This Counterproposal shall supersede and replace any previous counterproposal. This Counterproposal amends the proposed 12 contract dated April 12, 2012 (Contract), between Two Rivers Real Estate, LLC 13 (Seller), and - (Buyer), relating to the sale and purchase 14 of the following legally described real estate in the County of Weld, Colorado: 15 Lots 18 and 19, and the South 1/2 of Lot 20, Block 6, yolks Subdivision, And the West 1/2 of the Vacated Alley Adjacent to, City of Greeley 16 17 18 known as No. 2424 6th Avenue 19 Street Address 20 21 2. § 3. DATES AND DEADLINES. No Change Date: April 17, 2012 Greeley CO 80631 (Property). City State Zip 26 3. § 4. PURCHASE PRICE AND TERMS. [Note: This table may be deleted if inapplicable.] 27 The Purchase Price set forth below shall be payable in U.S. Dollars by Buyer as follows: Item No. Reference Item Amount Amount I § 4.1 Purchase Price $ $208, 000.00 2 § 4.2 Earnest Money $ $5, 000.00 3 § 4.5 New Loan 4 § 4.6 Assumption Balance 5 § 4.7 Seller or Private Financing $156, 000.00 6 7 allatilla$47, 000.00 8 §4.3 Cash at Closing 9 TOTAL $ $208,000.00 $ $208,000.00 28 29 4. ATTACHMENTS. The following are a part of this Counterproposal: 30 31 32 33 Note: The following disclosure forms are attached but are not a part of this Counterproposal. 34 35 36 37 5. OTHER CHANGES. 38 a. Paragraph 4.7 shall be changed to read: $156,000.00 note amortized on the basis of 10 years payable at $1,693.01 per month including principal and interest at the CP40-10-11. COUNTERPROPOSAL 4/19/2012 13:27 Page 1 of 3 40 41 42 43 rate of 5.5 percent per annum. All other terms to remain the same. b. Paragraph 30.1 shall be changed to read: Seller a • :uyer shall enter into a lease agreement, at closing, for the westerl :s' square feet of the building,eideol with the Seller to have a tenancy for - ear at $650 per month, gross lease, and two, one-year options a - same rental amount. 6. ACCEPTANCE DEADLINE. This Counterproposal shall expire unless accepted in writing by Seller and Buyer as evidenced by their signatures below and the offering party to this document receives notice of such acceptance on or before April 18, 2012 5:00 pm MDT 44 Date Time 45 46 If accepted, the Contract, as amended by this Counterproposal, shall become a contract between Seller and Buyer. All other terms 47 and conditions of the Contract shall remain the same. 48 Buyer's Namee :,, 4." Buyer's Signature: Address: Phone No.: Fax No.: Electronic Address: Date Buyer's Name - Buyer's Signature Address: Phone No.: Fax No.: Electronic Address: Date Seller's Name: Charles E. Rybar Seller's Signature: Address: Phone No.: Fax No.: Electronic Address: Date CP40-10.11. COUNTERPROPOSAL 4/19/2012 13:27 Page 2 of 3 l2 Seller's Name: William Patrick Sullivan Seller's Signature: Address: Phone No.: Fax No.: Electronic Address: Date 49 Note: When this Counterproposal form is used, the Contract is not to be signed by the party initiating this Counterproposal. 50 Brokers must complete and sign the Broker's Acknowledgements and Compensation Disclosure portion of the Contract. 51 CP40-10-11. COUNTERPROPOSAL 4/19/2012 13:27 Page 3 of 3 Prepared by Patrick L. McNear, Broker/Owner page 1 of 17 Scott Realty Co. 1212 8th Avenue Greeley, Colorado 80631-4012 Office (970) 352-1212 Fax (970) 352-1215 m THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) (n Property with No Residences) (n Property with Residences -Residential Addendum Attached) Date: THURSDAY, APRIL 12, 2012 AGREEMENT 1. AGREEMENT. Buyer, identified in § 2.1, agrees to buy, and Seller, identified in § 2.3, agrees to sell, the Property described below on the terms and conditions set forth in this contract (Contract). 2. PARTIES AND PROPERTY. 2.1. Buyer. Buyer, , will take title to the real Property described below as X Other Severalty Joint Tenants Tenants In Common 2.2. Assignability and Inurement This Contract X Shall Shall Not be assignable by Buyer without Seller's prior written consent. Except as so restricted, this Contract shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties. 2.3. Seller. Seller, Two Rivers Real Estate LLC , is the current owner of the Property described below. 2.4. Property. The Property is the following legally described real estate in the County of WELD , Colorado: Lots 18, 19 and the South 1/2 of lot 20, Block 6, Volks Subdivision, City of Greeley, Colorado; together with the West 1/2 of a vacated alley located adjacent to the Easterly portion of the property. known as No. 2424 6th Avenue Greeley COLORADO 80631 Street Address City State Zip together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto, and all interest of Seller in vacated streets and alleys adjacent thereto, except as herein excluded (Property). 2.5. Inclusions. The Purchase Price includes the following items (Inclusions): 2.5.1. Fixtures. If attached to the Property on the date of this Contract lighting, heating, plumbing, ventilating, and air conditioning fixtures, inside telephone, network and coaxial (cable) wiring and connecting blocksfjacks, floor coverings, intercom systems, sprinkler systems and controls, garage door openers including ANY remote controls. Other Fixtures: All fixtures as they currently exist on the property shall remain with the property and conveyed to Buyer at time of sale. If any fixtures are attached to the Property after the date of this Contract, such additional fixtures are also included in the Purchase Price. The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. CBS3-10-11 (Mandatory 1-12) Scott Realty Co. 0403 1210313010083 Qes Contracts O1993 - 2012 Qes,lnc. 1-800-795-7759 page 2 of 17 Prepared by Patrick L. McNear, Broker/Owner 24.2. Personal Property. If on the Property whether attached or not on the date of this Contract: storm windows, storm doors, window and porch shades, awnings, blinds, screens, window coverings, curtain rods, drapery rods, heating stoves, storage sheds, and all keys. If checked, the following are included: Water Softeners Smoke/Fire Detectors Security Systems I r 1 Satellite Systems (including satellite dishes). Other Personal Property: All personal property that is or maybe integral to the day to day operation and maintenance of the building shall be included and conveyed at time of sale. The Personal Property to be conveyed at Closing shall be conveyed by Seller free and clear of all taxes (except personal property taxes for the year of Closing), liens and encumbrances, except * * NOT APPLICABLE ' * Conveyance shall be by bill of sale or other applicable legal instrument 2.5.3. Trade Fixtures. With respect to trade futures, Seller and Buyer agree as follows: --NONE-- The Trade Fixtures to be conveyed at Closing shall be conveyed by Seller free and clear of all taxes (except personal property taxes for the year of Closing), liens and encumbrances, except • * NOT APPLICABLE ' * Conveyance shall be by bill of sale or other applicable legal instrument. 2.5.4. Parking and Storage Facilities. Use Only Ownership of the following parking facilities: * * NOT APPLICABLE * * and Use Only Ownership of the following storage facilities: * * NOT APPLICABLE * * 2.5.5. Water Rights, Water and Sewer Taps. 2.5.5.1 Deeded Water Rights. The following legally described water rights: All City of Greeley water and sewer taps that exist with the property. Any water rights shall be conveyed by X assignment or Deed Other applicable legal instrument 2.5.5.2. Well Rights. If any water well is to be transferred to Buyer, Seller agrees to supply required information about such well to Buyer. Buyer understands that if the well to be transferred is a Small Capacity Well or a Domestic Exempt Water Well used for ordinary household purposes, Buyer shall, prior to or at Closing, complete a Change in Ownership form for the well. If an existing well has not been registered with the Colorado Division of Water Resources in the Department of Natural Resources (Division), Buyer shall complete a registration of existing well form for the well and pay the cost of registration. If no person will be providing a closing service in connection with the transaction, Buyer shall file the form with the Division within sixty days after Closing. The Well Permit # is N/A 2.5.5.3. Water Stock Certificates: NOT APPLICABLE 2.5.5.4. X Water Tap X Sewer Tap Note: Buyer is advised to obtain, from the provider, written confirmation of the amount remaining to be paid, if any, time and other restrictions for transfer and use of the tap. 2.5.5.5. Other Rights: The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. CBS3-10-11 (Mandatory 1-12) Scott Realty Co. 0403 1210313010083 Qes Contracts O 1993-2012 Qes,lnc. 1-800-795-7759 Prepared by Patrick L. McNear, Broker/Owner page 3 of 17 2.6. Exclusions. The following items are excluded (Exclusions): All Seller owned personal property not set forth previously herein. 3. DATES AND DEADLINES. Item No. Reference Event Date or Deadline 1 § 4.2 Alternative Earnest Money Deadline MEC plus 3 days Title and Association 2 § 7.1 Record Title Deadline Wednesday, Apri118, 2012 3 § 7.2 Exceptions Request Deadline Friday, April20, 2012 4 § 8.1 Record Title Objection Deadline Monday, May 7, 2012 5 § 8.2 Off -Record Tdle Deadline Wednesday, April 18, 2012 6 § 8.2 Off -Record Title Objection Deadline Monday, May 7, 2012 7 § 8.3 Title Resolution Deadline Thursday, May 10, 2012 8 § 7.3 Association Documents Deadline NOT APPLICABLE 9 § 7.3 Association Documents Objection Deadline NOT APPLICABLE 10 § 8.5 Right of First Refusal Deadline NOT APPLICABLE Seller's Property Disclosure 11 § 10.1 Seller's Property Disclosure Deadline _I NOT APPLICABLE Loan and Credit 12 § 5.1 Loan Application Deadline NOT APPLICABLE 13 § 5.2 Loan Conditions Deadline NOT APPLICABLE 14 § 5.3 Buyers Credit Information Deadline Wednesday, April 18, 2012 15 § 5.3 Disapproval of Buyer's Credit Information Deadline Tuesday, May 1, 2012 16 § 5.4 Existing Loan Documents Deadline NOT APPLICABLE 17 § 5.4 Existing Loan Documents Objection Deadline NOT APPLICABLE 18 § 5.4 Loan Transfer Approval Deadline NOT APPLICABLE Appraisal 19 § 6.2 Appraisal Deadline NOT APPLICABLE 20 § 6.2 Appraisal Objection Deadline NOT APPLICABLE Survey 21 § 9.1 Current Survey Deadline Friday, April20, 2012 22 § 9.2 Current Survey Objection Deadline Monday, May 7, 2012 Inspection and Due Diligence 23 § 10.2 Inspection Objection Deadline Monday, May 7, 2012 24 § 10.3 Inspection Resolution Deadline Thursday, May 10, 2012 25 § 10.5 Property Insurance Objection Deadline Tuesday, May 1, 2012 26 § 10.6 Due Diligence Documents Delivery Deadline Wednesday, April 18, 2012 27 § 10.7 Due Diligence Documents Objection Deadline Tuesday, May 1, 2012 28 § 10.8 Environmental Inspection Objection Deadline NOT APPLICABLE 29 § 10.8 ADA Evaluation Objection Deadline NOT APPLICABLE 30 § 11:1 Tenant Estoppel Statements Deadline NOT APPLICABLE 31 § 11.2 Tenant Estoppel Statements Objection Deadline NOT APPLICABLE The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. CBS3-10-11 (Mandatory 1-12) Scott Realty Co. 0403 1210313010083 Oes Contracts 01993 - 2012 Qes,Inc. 1400-795-7759 Prepared by Patrick L. McNear, Broker/Owner page 4 of 17 Closing and Possession 32 § 12.3 Closing Date Friday, May 11, 2012 33 § 17 Possession Date at time of closing 34 § 17 Possession Time at time of closing 35 § 28 Acceptance Deadline Date Saturday, April 14, 2012 36 § 28 Acceptance Deadline Time 12:00 PM Note: Applicability of Terms. Any box, blank or line in this Contract left blank or completed with the abbreviation "N/A", or the word "Deleted" means such provision in Dates and Deadlines (§ 3), including any deadline, is not applicable and the corresponding provision of this Contract to which reference is made is deleted. The abbreviation "MEC" (mutual execution of this Contract) means the date upon which both parties have signed this Contract. 4. PURCHASE PRICE AND TERMS. 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 Am,,rount Amount 1 § 4.1 Purchase Price $ $180,000.00///////////// 2 § 4.2 Earnest Money $ $5,000.00 3 § 4.5 New Loan $ $0.00 4 § 4.6 Assumption Balance $ $0.00 5 § 4.7 Seller or Private Financing $ $135,000.00 6 $ $ 7 $ $ 8 § 4.3 Cash at Closing �� $ $40,000.00 9 Total $ $180,000.00 $ $180,000.00 4.2. Earnest Money. The Earnest Money set forth in this section, in the form of , PERSONAL CHECK shall be payable to and held by Austin & Austin Real Estate (Earnest Money Holder), in its trust account, on behalf of both Seller agree to an Alternative Earnest § 33 or § 34, Closing Instructions to Eamest Money Holder. The parties Company), if any, at or before Closing. to a fund established for the purpose any interest accruing on the Earnest 4.2.1. Alternative Earnest Contract is as set forth as the Alternative 4.2.2. Return of Earnest Money as provided in this Contract. already been returned following receipt mutual instructions, i.e., Earnest 4.3. Form of Funds; Time 4.3.1. Good Funds. All shall be in funds that comply with and cashier's check (Good Funds). 4.3.2. Available Funds. timely paid to allow disbursement as of the date of this Contract, not less than the amount stated as Money signed of Money Money Money. If Money of Payment; amounts all applicable All by Closing X Cash and Buyer. Deadline by Buyer, authorize delivery In the event providing deposited Deadline. Earnest If Buyer this Contract of a Notice Release Funds payable Colorado funds required Company Does at Closing The (§ Seller Earnest affordable Money is to form, by in Earnest Money deposit shall be tendered with this Contract unless the parties mutually 3) for its payment. If Earnest Money Holder is other than the Brokerage Firm identified in and Earnest Money Holder must be obtained on or before delivery of Earnest Money of the Earnest Money deposit to the company conducting the Closing (Closing Money Holder has agreed to have interest on Earnest Money deposits transferred housing to Colorado residents, Seller and Buyer acknowledge and agree that with the Earnest Money Holder in this transaction shall be transferred to such fund. The deadline for delivering the Earnest Money, if other than at the time of tender of this Deadline (§ 3). has a Right to Terminate and timely terminates, Buyer shall be entitled to the return of Earnest terminated as set forth in § 25 and, except as provided in § 24, if the Earnest Money has not Terminate, Seller agrees to execute and return to Buyer or Broker working with Buyer, written within three days of Sellers receipt of such form. Available. the parties at Closing, including any loan proceeds, Cash at Closing and closing costs, laws, including electronic transfer funds, certified check, savings and loan tellers check to be paid at Closing or as otherwise agreed in writing between the parties shall be at Closing OR SUCH PARTY SHALL BE IN DEFAULT. Buyer represents that Buyer, Does Not have funds that are immediately verifiable and available in an amount not § 4.1. The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. CBS3-10.11 (Mandatory 1-12) Scott Realty Co. 0403 1210313010083 Qes Contracts ® 1993-2012 Qes,Inc. 1-800-795-7759 8 9 10 11 12 luslirgo4i8ti 1 Austin & Austin Real Estate 1823 65th Ave., Ste 2 Greeley, CO 80634 Phone: (970) 353-0790 Fax: (970) 353-0799 1 I The printed portions of this form. except differentiated additions, have been approved by the Colorado Real Estate Commission - 2 (AE42-8-10) (Mandatory l-1ll 3 4 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX 5 OR OTHER COUNSEL BEFORE SIGNING. 6 7 AGREEMENT TO AMEND/EXTEND CONTRACT WITH BROKER This Agreement to Amend/Extend amends the following contract which is checked: 13 ❑X Seller Listing Contract or; 14 ❑ Exclusive Right -to -Lease Contract, 15 dated May 24, 2011, relating to the sale or lease of the real estate in the County of Weld, Colorado, 16 (Legal Description): 17 Lots 13 and 19, and the South 1/2 of Lot 20, Block 6, yolks Subdivision, And the West 1/2 of the Vacated Alley Adjacent to, City of Greeley 18 19 30 known as 2424 6th Avenue 21 Street Address City State Zip 22 ❑ Exclusive Right -to -Buy Contract or; 23 ❑ Exclusive Tenant Contract, 24 dated , between Brokerage Firm named below' and the undersigned Buyer or Seller. 25 26 If this Agreement is used with a lease or rental transaction, the word "Seller- shall mean "Landlord", and the word "Buyer" shall 27 mean "Tenanf- 28 29 This Agreement will control in the event of any conflict with the contract to which it amends. 30 31 Buyer or Seller and Brokerage Firm agree to amend the aforesaid contract as follows: 32 1. The date ending the Listing Period or Duration of Agency/Duration of Relationship is extended to May 16, 2014. 33 2. If this Agreement amends the Listing Contract or Exclusive Right -to -Lease Contract, the price or rental rate is changed to 34 S 239, 500.00. 35 3. Additional amendments: 36 Date: May 14, 2013 Greeley CO 80631 (Property). 38 39 All other terms and conditions of said contract shall remain the same. 40 41 AE42-8-10 CONTRACT TO AMEND/EXTEND CONTRACT WITH BROKER 5/14/2013 10.18 Page 1 of 2 Hello