HomeMy WebLinkAbout20121524.tiff • The printer!portions of this foam,except differentiated additions,have been approved by the Colorado Real Estate Commission.
{CBS1-5-09)(Mandatory 7-09)
1
2 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND TILE PARTIES SHOULD CONSULT LEGAL AND TAX OR
3 OTHER COUNSEL BEFORE SIGNING.
4
5 CONTRACT TO BUY AND SELL REAL ESTATE
6
7 Date:February 8.2012
8
9 1. AGREEMENT. Buyer agrees to buy,and Seller agrees to sell,the Property defined below on the terms and conditions
10 set forth in this contract(Contract).
11
12 2. DEFINED TERMS.
13 2.1. Buyer. Buyer,Noble Energy, Inc.,will take title to the real property described below as ❑Joint Tenants
14 D Tenants In Common ®Other n/a.
15 2.2. Property. The Property is the following legally described real estate in the County of Weld,Colorado:
16 Part of the Northeast Quarter (NE1/4) Section 10, Township 7 North, Range 64 West of the 6't' P.M. consisting of
17 approximately 27.9 acres and fitrther described as Lot A on Exhibit A,attached hereto and made a part hereof
known as No. n/a
Street Address City State Zip
18 together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto, and all
19 interest of Seller in vacated streets and alleys adjacent thereto,except as herein excluded.
20 2.3. Dates and Deadlines.
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Item Reference Event Date or Deadline
No. ___
1 §4.2.1 Alternative Earnest Money Deadline- -_ _ n/a
2 §5.1 Loan Application Deadline n/a
3 §5.2 Loan Conditions Deadline n/a
4 §,5.3 B per's Credit Information Deadline n/a
5 §5.3 Disapproval of Buyer's Credit Information Deadline n/a
6 §5.4 Existing Loan Documents Deadline n/a
7 §5.4 Existing Loan Documents Objection Deadline n/a
8 §5.4 Loan Transfer Approval Deadline n/a
9 §6.2.2 Appraisal Deadline n/a
10 §6.2.2 Appraisal Objection Deadline __ n/a
11 §7.1 _ Title Dead
12 §7.2 Deadline March 7,2012
i Document Request Deadline March 21,2012
13 §7.3 Survey Deadline n/a
14 §7.4.4.1 CIC Documents Deadline n/a
15 §7.4.5 CIC Documents Objection Deadline n/a
16 §8.1 Title Objection Deadline March 21, 2012 __
17 §8.2 Off-Record Matters Deadline March 7,2012 •
18 §8.2 Off-Record Matters Objection Deadline March 21,2012___ __ ___
19 §8.3.2 Survey Objection Deadline n/a
_
20 §8.6 _ Right of First Refusal Deadline n/a
21 § 10.1 Seller's Property Disclosure Deadline n/a
22 § 10.2 Inspection Objection Deadline See Par.26-Additional Provisions
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23 § 10.3 Inspection Resolution Deadline See Par,26-Additional Provisions
• 24 § 10.5 Property Insurance Objection Deadline n/a __
25 § 12 Closing Date See Par.26-Additional Provisions
No.wCBS1 5-09. CONTRACT TO BUY AND SELL REAL ESTATE (Page 1 of 15) Initials: __!'i ___,
Bradford Publishing Co,.1743 Wave St..Denver.CO 80202-303-292-2590-www,bndfordpublish
2012-1524
0 26 Q 17 Possession Date See Par. 26-Additional Provisions
27 § 17 Possession Time at closing time
28 a 32 Acceptance Deadline Date February 22,2012
29 t 32 Acceptance Deadline Time 5:00 p.m.
21
22 2.4. Applicability of Terms. A check or similar mark in a box means that such provision is applicable. The
23 abbreviation "N/A" or the word "Deleted" means not applicable and when inserted on any line in Dates and Deadlines
24 (,*2.3), means that the corresponding provision of the Contract to which reference is made is deleted. The abbreviation
25 "MEC"(mutual execution of this Contract)means the date upon which both parties have signed this Contract.
26 2.5. Day; Computation of Period of Days,Deadline.
27 2.5.1. Day. As used in this Contract,the term"day"shall mean the entire day ending at 11:59 p.m.,United
28 States Mountain Time(Standard or Daylight Savings as applicable).
29 2.5.2. Computation of Period of Days,Deadline. In computing a period of days,when the ending date is
30 not specified, the first day is excluded and the last day is included, e.g., three days after MEC. If any deadline falls on a
31 Saturday, Sunday or federal or Colorado state holiday(Holiday),such deadline ® Shall El Shall Not be extended to the
32 next day that is not a Saturday,Sunday or Holiday.Should neither box be checked,the deadline shall not he extended.
33
34 3. INCLUSIONS AND EXCLUSIONS.
35 3.1. Inclusions. The Purchase Price includes the following items(Inclusions):
36 3.1.1. Fixtures. If attached to the Property on the date of this Contract, lighting, heating, plumbing,
37 ventilating,and air conditioning fixtures,'I'V antennas,inside telephone,network and coaxial(cable) wiring and connecting
38 blocks/jacks,plants, mirrors, floor coverings, intercom systems,built-in kitchen appliances, sprinkler systems and controls,
39 built-in vacuum systems(including accessories),garage door openers including nla remote controls;and El n/a.
40 3.1.2. Personal Property. The following are included if on the Property whether attached or not on the
i date of this Contract: storm windows,storm doors, window and porch shades,awnings, blinds,screens, window coverings,
4 2 curtain rods,drapery rods, fireplace inserts, fireplace screens,fireplace grates,heating stoves, storage sheds,and all keys. If
43 checked, the following are included: D Water Softeners O Smoke/Fire Detectors ❑ Security Systems ❑ Satellite
44 Systems(including satellite dishes).
45 3.1.3. Other Inclusions.
46 none
47 The Personal Property to be conveyed at Closing shall be conveyed by Seller free and clear of all tames(except
48 personal property taxes for the year of Closing), liens and encumbrances,except n/a . Conveyance shall be by bill of
49 sale or other applicable legal instrument.
50 3.1.4. Trade Fixtures. With respect to trade fixtures,Seller and Buyer agree as follows:
51 n/a
52 The Trade Fixtures to be conveyed at Closing shall be conveyed by Seller free and clear of all taxes (except
53 personal property taxes for the year of Closing), liens and encumbrances,except n/a. Conveyance shall be by bill of sale or
54 other applicable legal instrument.
55 3.1.5. Parking and Storage Facilities. ❑ Use Only El Ownership of the following parking facilities:
56 n/a;and ❑Use Only El Ownership of the following storage facilities:n/a.
57 3.1.6. Water Rights, Water Interests, Water and Sewer Taps. The following legally described water
58 rights:none
59 Any water rights shall be conveyed by O n/a Deed O Other applicable legal instrument.
60 3.1.6.1. If any water well is to be transferred to Buyer,Seller agrees to supply required information
61 about such well to Buyer.Buyer understands that if the well to be transferred is a Small Capacity Well or a Domestic Exempt
62 Water Well used for ordinary household purposes,Buyer shall,prior to or at Closing,complete a Change in Ownership form
63 for the well. If an existing well has not been registered with the Colorado Division of Water Resources in the Department of
64 Natural Resources (Division). Buyer shall complete a registration of existing well 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
66 the Division within sixty days alter Closing.The Well Permit#is n/it.
67 3.1.6.2. O Water Stock Certificates:
68
69 3.1.63. O Water Tap ❑Sewer Tap
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71 Note:Buyer is advised to obtain,from the provider,written confirmation of the amount remaining to be paid,if any,
72 time and other restrictions for transfer and use of the tap.
73 3.1.7. Growing Crops. With respect to growing crops,Seller and Buyer agree as follows:
74 no growing crops
75 3.2. Exclusions. The following items are excluded:All right,title and interest in the mineral estate owned by Seller
76 under the lands described on Exhibit A.
77
78 4. PURCHASE.PRICE AND TERMS.
79 4.1. Price and Terms. The Purchase Price set forth below shall be payable in U.S.Dollars by Buyer as follows: •
Item No. Reference Item Amount Amount
] §4.1 Purchase Price $ IIIINIMIP -,. .. ` !A:.:" ',744';';,.%"::,:
2 _ §4.2 Earnest Money s#3: ,t 0,, "' $ SIM
3 §4.5 New Loan %i n/a
P r . h , t :: „�•,,°, n/a
4 4.6 Assumption Balance 4 ,44t r
5 §4.7 Seller or Private Financing Z'� i:`'>` F tai,-:›g^,-.* n/a
6 n/a n/a n/a n/a
7 n/a n/a n/a n/a
8 §43 Cash at Closing „; 111111110
9 TOTAL $ 4111111111P $ MINIM
80
81 4.2. Earnest Money. The Earnest Money set forth in this section, in the form of check, is part payment of the
82 Purchase Price and shall be payable to and held by Seller(Earnest Money Holder),in its trust account, on behalf of both
83 Seller and Buyer. The Earnest Money deposit shall be tendered with this Contract unless the parties mutually agree to an
84 Alternative Earnest Money Deadline (§2.3) for its payment. If Earnest Money Holder is other than the Brokerage Firm
lb85 identified in§34 or§35 below,Closing Instructions signed by Buyer,Seller and Earnest Money Holder must be obtained on
86 or before delivery of Earnest Money to Earnest Money Holder.The parties authorize delivery of the Earnest Money deposit
87 to the company conducting the Closing(Closing Company),if any,at or before Closine.In the event Earnest Money Holder
88 has agreed to have interest on Earnest Money deposits transferred to a fund established for the purpose of providing
89 affordable housing to Colorado residents,Seller and Buyer acknowledge and agree that any interest accruing on the Earnest
90 Money deposited with the Earnest Money Holder in this transaction shall be transferred to such fund.
91 4.2.1. Alternative Earnest Money Deadline. The deadline for delivering the Earnest Money,if other than
92 at the time of tender of the Contract is as set forth as the Alternative Earnest Money Deadline(§2.3).
93 4.3. Form of Funds; Time of Payment; Funds Available. All amounts payable by the parties at Closing,
94 including any loan proceeds,Cash at Closing and closing costs, shall be in funds that comply with all applicable Colorado
95 laws,including electronic transfer funds,certified check,savings and loan teller's check and cashier's check(Good Funds).
96 All funds required to be paid at Closing shall be timely paid to allow disbursement by Closing Company at Closing OR
97 SUCH PARTY SHALL BE IN DEFAULT.Buyer represents that Buyer,as of the date of this Contract, ®Does O Does
98 Not have funds that are immediately verifiable and available in an amount not less than the amount stated as Cash at Closing
99 in§4.1.
100 4.4. Seller Concession. Seller, at Closing,shall pay or credit, as directed by Buyer,a total amount of$n/a to
101 assist with Buyer's closing costs,loan discount points,loan origination fees,prepaid items(including any amounts that Seller
102 agrees to pay because Buyer is not allowed to pay due to FHA,CHFA,VA,etc.),and any other fee,cost,charge,expense or
103 expenditure related to Buyer's New Loan or other allowable Seller concession(collectively, Seller Concession).The Seller
104 Concession is in addition to any sum Seller has agreed to pay or credit Buyer elsewhere in this Contract. If the amount of
105 Seller Concession exceeds the aggregate of what is allowed,Seller shall not pay or be charged such excess amount.
106 4.5. New Loan.
107 4.5.1. Buyer to Pay Loan Costs. Buyer,except as provided in§4.4,if applicable,shall timely pay Buyer's
108 loan costs,loan discount points,prepaid items and loan origination fees,as required by lender.
109 4.5.2. Buyer May Select Financing. Buyer may select financing appropriate and acceptable to Buyer,
110 including a different loan than initially sought,except as restricted in§4.5.3 or§26,Additional Provisions.
11I 4.5.3. Loan Limitations. Buyer may purchase the Property using any of the following types of loan:
112 O Conventional O FHA ❑VA ❑Bond ❑Other n!a.
113 4.5.4. Good Faith Estimate—Monthly Payment and Loan Costs. Buyer is advised to review the terms,
114 conditions and costs of Buyer's New Loan carefully. If Buyer is applying for a residential loan, the lender generally must
115 provide Buyer with a good faith estimate of Buyer's closing costs within three days after Buyer completes a loan application.
Na.0
wCBS1-5-09. CONTRACT TO BUY AND SELL REAL ESTATE (Pago 1 of 15) Initials: 11 _,
6 Buyer should also obtain an estimate of the amount of Buyer's monthly mortgage payment.If the New Loan is unsatisfactory
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117 to Buyer,then Buyer may terminate this Contract pursuant to§5.2 no later than Loan Conditions Deadline(§2.3).
118 4.6. Assumption. Buyer agrees to assume and pay an existing loan in the approximate amount of the Assumption
119 Balance set forth in§4.1,presently payable at Sn/a per n/a including principal and interest presently at the rate of n/a %
120 per annum, and also including escrow for the following as indicated: O Real Estate Taxes O Property Insurance
121 Premium ❑Mortgage Insurance Premium and ❑n/a.
122 Buyer agrees to pay a loan transfer fee not to exceed$n/a . At the time of assumption,the new interest rate shall not
123 exceed n/a %per annum and the new payment shall not exceed$n/a per n/a principal and interest,plus escrow,if any.If
124 the actual principal balance of the existing loan at Closing is less than the Assumption Balance,which causes the amount of
125 cash required from Buyer at Closing to be increased by more than $n/a then ❑ Buyer May Terminate this Contract
126 effective upon receipt b Seller of Buyer's written notice of tennination or O n/a .
127 Seller❑ Shall ] Shall Not be released from liability on said loan. If applicable,compliance with the requirements
128 for release from liability shall be evidenced by delivery O on or before Loan Transfer Approval Deadline O at Closing of
129 an appropriate letter of commitment from lender. Any cost payable for release of liability shall be paid by n/a in an amount
130 not to exceed$nIa .
131 4.7. Seller or Private Financing. Buyer agrees to execute a promissory note payable to n/a .as ❑Joint Tenants
132 O Tenants In Common ❑Other n/a ,on the note form as indicated:
133 O(Default Rate)NTD81-10-06 ❑Other n/a secured by a n/a (1st,2nd,etc.)deed of trust encumbering the Property,
134 using the form as indicated:
135 O Due on Transfer—Strict(TD72-9-08) ❑Due on Transfer—Creditworthy(TD73-9-08) ❑ Assumable—Not
136 Due on Transfer(TD74-9-08) O Other n/a .
137 The promissory note shall be amortized on the basis of n/a O Years ❑Months,payable at$n/a per n/a including
138 principal and interest at the rate of n/a %per annum. Payments shall commence n/a and shall be due on the n/a day of
139 each succeeding n/a . If not sooner paid, the balance of principal and accrued interest shall be due and payable n/a after
140 Closing.Payments❑Shall O Shall Not be increased by n/a of estimated annual real estate taxes,and❑Shall ❑Shall
141 Not be increased by n/a of estimated annual property insurance premium.The loan shall also contain the following terms:
142 (1)if any payment is not received within n/a days after its due date,a late charge of n/a %of such payment shall be due;(2)
ill3 interest on lender disbursements under the deed of trust shall be n/a %per annum;(3)default interest rate shall he n/a %per
4 annum;(4)Buyer may prepay without a penalty except n/a ;and(5)Buyer O Shall ❑Shall Not execute and deliver,at
145 Closing,a Security Agreement and UCC-1 Financing Statement granting the holder of the promissory note a n/a (1st, 2nd,
146 etc.)lien on the personal property included in this sale.
147 Buyer O Shall ❑Shall Not provide a mortgagee's title insurance policy,at Buyer's expense.
148
149 5. FINANCING CONDITIONS AND OBLIGATIONS.
150 5.1. Loan Application. If Buyer is to pay all or part of the Purchase Price by obtaining one or more new loans
151 (New Loan),or if an existing loan is not to be released at Closing.Buyer, if required by such lender,shall make a verifiable
152 application by Loan Application Deadline(§2.3).
153 5.2. Loan Conditions. If Buyer is to pay all or part of the Purchase Price with a Ncw Loan, this Contract is
154 conditional upon Buyer determining, in Buyer's subjective discretion, whether the New Loan is satisfactory to Buyer,
155 including its availability, payments, interest rate, terms, conditions, and cost of such New Loan. This condition is for the
156 benefit of Buyer. If such New Loan is not satisfactory to Buyer,Seller must receive written notice to terminate from Buyer,
157 no later than Loan Conditions Deadline (§2.3), at which time this Contract shall terminate. IF SELLER DOES NOT
158 TIMELY RECEIVE WRITTEN NOTICE TO TERMINATE,THIS CONDITION SHALL BE DEEMED WAIVED,
159 AND BUYER'S EARNEST MONEY SHALL BE NONREFUNDABLE, EXCEPT AS OTHERWISE PROVIDED IN
160 THIS CONTRACT(e.g.,Appraisal,Title,Survey).
161 5.3. Credit Information and Buyer's New Senior Loan. If Buyer is to pay all or part of the Purchase Price by
162 executing a promissory note in favor of Seller. or if an existing loan is not to be released at Closing, this Contract is
163 conditional(for the benefit of Seller)upon Seller's approval of Buyer's financial ability and creditworthiness,which approval
164 shall be at Seller's subjective discretion. In such case: (1) Buyer shall supply to Seller by Buyer's Credit Information
165 Deadline (§2.3), at Buyer's expense, information and documents (including a current credit report) concerning Buyer's
166 financial, employment and credit condition and Buyer's New Senior Loan, defined below, if any; (2) Buyer consents that
167 Seller may verify Buyer's financial ability and creditworthiness; (3)any such information and documents received by Seller
168 shall be held by Seller in confidence,and not released to others except to protect Seller's interest in this transaction;(4)in the
169 event Buyer is to execute a promissory note secured by a deed of trust in favor of Seller,this Contract is conditional (for the
170 benefit of Seller)upon Seller's approval of the terms and conditions of any New Loan to be obtained by Buyer if the deed of
0 1 trust to Seller is to be subordinate to Buyer's New Loan(Buyer's New Senior Loan).Additionally,Seller shall have the right
2 to terminate, at or before Closing, if the Cash at Closing is less than as set forth in §4.1 of this Contract or Buyer's New
No.oCBSI-5-09. CONTRACT TO BUT AND SELL.REAL ESTATE (Page 4 of 15) Initials: "
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0 3 Senior Loan changes from that approved by Seller; and (5) if Seller does not deliver written notice to Buyer of Seller's
174 disapproval of Buyer's financial ability and creditworthiness or of Buyer's New Senior Loan by Disapproval of Buyer's
175 Credit Information Deadline (§2.3), then Seller waives the conditions set forth in this section as to Buyer's New Senior
176 Loan as supplied to Seller. If Seller delivers written notice of disapproval to Buyer on or before said date,this Contract shall
177 terminate.
178 5.4. Existing Loan Review. If an existing loan is not to be released at Closing, Seller shall deliver copies of the
179 loan documents (including note, deed of trust, and any modifications) to Buyer by Existing Loan Documents Deadline
180 (§23).For the benefit of Buyer,this Contract is conditional upon Buyer's review and approval of the provisions of such loan
181 documents. if written notice of objection to such loan documents, signed by Buyer,is not received by Seller by Existing
182 Loan Documents Objection Deadline (§2.3), Buyer accepts the terms and conditions of the documents. if the lender's
183 approval of a transfer of the Property is required,this Contract is conditional upon Buyer's obtaining such approval without
184 change in the terns of such loan,except as set forth in§4.6.If lender's approval is not obtained by Loan Transfer Approval
185 Deadline(§2.3),this Contract shall terminate on such deadline. If Seller is to be released from liability under such existing
186 loan and Buyer does not obtain such compliance as set forth in§4.6,this Contract may be terminated at Seller's option.
187
188 6. APPRAISAL PROVISIONS.
189 6.1. Property Approval. If the lender imposes any requirements or repairs (Requirements) to be made to the
190 Property(e.g.,roof repair,repainting),beyond those matters already agreed to by Seller in this Contract,Seller may terminate
191 this Contract (notwithstanding § 10 of this Contract) by written notice to Buyer on or before three days following Seller's
192 receipt of the Requirements. Seller's right to terminate in this§6.1 shall not apply if on or before any termination by Seller
193 pursuant to this§6.1: (1)the parties enter into a written agreement regarding the Requirements;or(2)the Requirements are
194 completed by Seller;or(3)the satisfaction of the Requirements is waived in writing by Buyer.
195 6.2. Appraisal Condition.
196 ® 6.2.1. Not Applicable. This§6.2 shall not apply.
197 0 6.2.2. Conventional/Other. Buyer shall have the sole option and election to terminate this Contract if the
198 Purchase Price exceeds the Property's valuation determined by an appraiser engaged by n%a .The appraisal shall be received
199 by Buyer or Buyer's lender on or before Appraisal Deadline (§2.3). This Contract shall terminate by Buyer delivering to
)0 Seller written notice of termination and either a copy of such appraisal or written notice from lender that confirms the
I Property's valuation is less than the Purchase Price,received by Seller on or before Appraisal Objection Deadline (§2.3). if
202 Seller does not receive such written notice of termination on or before Appraisal Objection Deadline(§2.3),Buyer waives
203 any right to terminate under this section.
204 0 6.2.3. F IiA. It is expressly agreed that,notwithstanding any other provisions of this Contract,the Purchaser
205 (Buyer)shall not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfeiture
206 of Earnest Money deposits or otherwise unless the Purchaser(Buyer) has been given in accordance with IIUll'FlIA or VA
207 requirements a written statement issued by the Federal Housing Commissioner,Department of Veterans Affairs,or a Direct
208 Endorsement lender,setting forth the appraised value of the Property of not less than$n!a .The Purchaser(Buyer)shall have
209 the privilege and option of proceeding with the consummation of the Contract without regard to the amount of the appraised
210 valuation.The appraised valuation is arrived at to determine the maximum mortgage the Department of(lousing and Urban
211 Development will insure.HUD does not warrant the value nor the condition of the Property.The Purchaser(Buyer) should
212 satisfy himself/herself that the price and condition of the Property are acceptable.
213 0 6.2.4. VA. it is expressly agreed that,notwithstanding any other provisions of this Contract, the purchaser
214 (Buyer)shall not incur any penalty by forfeiture of Earnest Money or otherwise or be obligated to complete the purchase of
215 the Property described herein,if the Contract Purchase Price or cost exceeds the reasonable value of the Property established
216 by the Department of Veterans Affairs. The purchaser(Buyer)shall, however, have the privilege and option of proceeding
217 with the consummation of this Contract without regard to the amount of the reasonable value established by the Department
218 of Veterans Affairs.
219 6.3. Cost of Appraisal. Cost of any appraisal to be obtained after the date of this Contract shall he timely paid by
220 ®Buyer ❑Seller.
221
222 7. EVIDENCE OF TITLE,SURVEY AND CIC DOCUMENTS.
223 7.1. Evidence of Title. On or before Title Deadline(§ 2.3), Seller shall cause to be furnished to Buyer,at Seller's
224 expense, a current commitment for owner's title insurance policy(Title Commitment) in an amount equal to the Purchase
225 Price,or if this box is checked, ❑An Abstract of title certified to a current date.If title insurance is furnished,Seller shall also
226 deliver to Buyer copies of any abstracts of title covering all or any portion of the Property(Abstract)in Seller's possession. At
227 Seller's expense,Seller shall cause the title insurance policy to be issued and delivered to Buyer as soon as practicable at or after
�8 Closing. The title insurance commitment 0 Shall ® Shall Not commit to delete or insure over the standard exceptions
9 which relate to: (1)parties in possession,(2)unrecorded easements, (3)survey matters,(4)any unrecorded mechanics' liens,
No.ICBSt-5.119. CONTRACT TO BUY AND SELL REAL ESTATE (Page 5 of IS) Initials: ;./
30 (5)gap period(effective date of commitment to date deed is recorded),and(6)unpaid taxes,assessments and unredeemed tax
231 sales prior to the year of Closing. Any additional premium expense to obtain this additional coverage shall be paid by
232 ®Buyer O Seller.
233 Note:"I'he title insurance company may not agree to delete or insure over any or all of the standard exceptions. Buyer shall
234 have the right to review the Title Commitment. If the Title Commitment or its provisions are not satisfactory to Buyer,Buyer
235 may exercise Buyer's rights pursuant to§S.I.
236 7.2. Copies of Exceptions. On or before Title Deadline(§2.3), Seller,at Seller's expense,shall furnish to Buyer
237 and n/a ,(1)copies of any plats,declarations,covenants,conditions and restrictions burdening the Property,and(2)if a Title
238 Commitment is required to be furnished, and if this box is checked O Copies of any Other Documents (or, if illegible,
239 summaries of such documents) listed in the schedule of exceptions(Exceptions). Even if the box is not checked,Seller shall
240 have the obligation to furnish these documents pursuant to this section if requested by Buyer any time on or before
241 Document Request Deadline(§2.3). This requirement shall pertain only to documents as shown of record in the office of
242 the clerk and recorder in the county where the Property is located. The abstract or Title Commitment, together with any
243 copies or summaries of such documents furnished pursuant to this section,constitute the title documents(Title Documents).
244 7.3. Survey. On or before Survey Deadline(§2.3),O Seller ® Buyer shall order or provide,and cause Buyer
245 (and the issuer of the Title Commitment or the provider of the opinion of title if an abstract) to receive, a current
246 O Improvement Survey Plat ❑ Improvement Location Certificate O n/a (the description checked is known as
247 Survey).An amount not to exceed$n/a for Survey shall be paid by O Buyer O Seller.If the cost exceeds this amount,
248 O Buyer ❑Seller shall pay the excess on or before Closing.Buyer shall not be obligated to pay the excess unless Buyer is
249 informed of the cost and delivers to Seller,before Survey is ordered,Buyer's written agreement to pay the required amount to
250 be paid by Buyer.
251 7.4. Common Interest Community Documents. The tenn CIC Documents consists of all owners' associations
252 (Association) declarations, bylaws, operating agreements, rules and regulations, party wall agreements, minutes of most
253 recent annual owners'meeting and minutes of any directors'or managers'meetings during the six-month period immediately
254 preceding the date of this Contract, if any(Governing Documents),most recent financial documents consisting of(1)annual
255 balance sheet. (2) annual income and expenditures statement, and (3) annual budget (Financial Documents), if any
256 (collectively CIC Documents).
07 ® 7.4.1. Not Applicable. 'I his§ 7.4 shall not apply.
S 7.4.2. Common Interest Community Disclosure. THE PROPERTY 1S LOCATED WITHIN A
259 COMMON INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR SUCH COMMUNITY. THE
260 OWNER OF THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNER'S ASSOCIATION FOR
261 THE COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE
262 ASSOCIATION. THE DECLARATION, BYLAWS, AND RULES AND RF,GUI.ATIONS WILL IMPOSE FINANCIAL
263 OBLIGATIONS UPON THE OWNER OF THE PROPERTY,INCLUDING AN OBLIGATION TO PAY ASSESSMENTS
264 OF THE ASSOCIATION. IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, THE ASSOCIATION COULD
265 PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT. THE DECLARATION,
266 BYLAWS, AND RULES AND REGULATIONS OF THE C:OMMUNITY MAY PROHIBIT' THE OWNER FROM
267 MAKING CHANGES TO THE PROPERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE ASSOCIATION(OR
268 A COMMITTEE OF THE ASSOCIATION) AND THE APPROVAL OF THE ASSOCIATION. PURCHASERS OF
269 PROPERTY WITHIN THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE TILE FINANCIAL
270 OBLIGATIONS OF MEMBERS OF THE ASSOCIATION. PURCHASERS SHOULD CAREFULLY READ THE
271 DECLARATION FOR THE COMMUNITY AND THE BYLAWS AND RULES AND REGULATIONS OF THE
272 ASSOCIATION.
273 O 7.4.3. Not Conditional on Review. Buyer acknowledges that Buyer has received a copy of the CIC
274 Documents. Buyer has reviewed them, agrees to accept the benefits, obligations and restrictions that they impose upon the
275 Property and its owners and waives any right to terminate this Contract due to such documents, notwithstanding the
276 provisions of§8.5.
277 7.4.4. CIC Documents to Buyer.
27S O 7.4.4.1. Seller to Provide CIC Documents. Seller shall cause the C1C Documents to be provided
279 to Buyer,at Seller's expense,on or before CIC Documents Deadline(§2.3).
280 ❑ 7.4.4.2. Seller Authorizes Association. Seller authorizes the Association to provide the CIC
281 Documents to Buyer,at Seller's expense.
282 7.4.4.3. Seller's Obligation. Seller's obligation to provide the CIC Documents shall be fulfilled
283 upon Buyer's receipt of the CIC Documents,regardless of who provides such documents.
284 7.4.5. Conditional on Buyer's Review. If the box in either§7.4.4.1 or§7.4.4.2 is checked,the provisions
5 of this§7.4.5 shall apply.Written notice of any unsatisfactory provision in any of the CIC Documents,in Buyer's subjective
0
No,$1CBS I-5-99. CONTRACT TO BUI AND SELL REAL.ESTATE (Page 6 of IS) Initials: (7 rl•�_ _
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6 discretion,signed by Buyer,or on behalf of Buyer,and delivered to Seller on or before CIC Documents Objection Deadline�8
287 (§2.3),shall terminate this Contract.
288 Should Buyer receive the CIC Documents after CIC Documents Deadline(§2.3),Buyer shall have the right,
289 at Buyer's option,to terminate this Contract by written notice delivered to Seller on or before ten days after Buyer's receipt
290 of the CIC Documents.If Buyer does not receive the CIC Documents,or if such written notice to terminate would otherwise
291 be required to be delivered after Closing Date(§2.3),Buyer's written notice to terminate shall be received by Seller on or
292 before three days prior to Closing Date(§2.3).If Seller does not receive written notice from Buyer within such time,Buyer
293 accepts the provisions of the CIC Documents,and Buyer's right to terminate this Contract pursuant to this section is waived,
294 notwithstanding the provisions of§8.5.
295 NOTE:If no box in this§7.4 is checked,the provisions of§7.4.4.I shall apply.
296
297 8. TITLE AND SURVEY REVIEW.
298 8.1. Title Review. Buyer shall have the right to inspect the Title Documents.Buyer shall provide written notice of
299 unmerchantability of title, unsatisfactory form or content of Title Conunitment, or, notwithstanding § 13, of any other
300 unsatisfactory title condition shown by the Title Documents(Notice of Title Objection).Such notice shall be signed by or on
301 behalf of Buyer and delivered to Seller on or before Title Objection Deadline (§2.3),provided such Title Documents are
302 received by Buyer in a timely manner.If there is an endorsement to the Title Commitment that adds a new Exception to title,
303 a copy of the new Exception to title and the modified Title Commitment shall be delivered to Buyer. Provided however,
304 Buyer shall have five days to deliver the Notice of Title Objection after receipt by Buyer of the following documents:(I)any
305 required Title Document not timely received by Buyer, (2) any change to the Title Documents, or (3) endorsement to the
306 Title Commitment. If Seller does not receive Buyer's Notice of Title Objection by the applicable deadline specified above,
307 Buyer accepts the condition of title as disclosed by the Title Documents as satisfactory.
308 8.2. Matters Not Shown by the Public Records. Seller shall deliver to Buyer,on or before Off-Record Matters
309 Deadline(§2.3) true copies of all leases and surveys in Seller's possession pertaining to the Property and shall disclose to
310 Buyer all easements, liens (including, without limitation, governmental improvements approved, but not yet installed) or
311 other title matters(including, without limitation,rights of first refusal and options)not shown by the public records of which
312 Seller has actual knowledge.Buyer shall have the right to inspect the Properly to investigate if any third party has any right in
iip3 the Property not shown by the public records(such as an unrecorded easement,unrecorded lease,boundary line discrepancy
4 or water rights). Written notice of any unsatisfactory condition disclosed by Seller or revealed by such inspection,
315 notwithstanding § 13, shall be signed by or on behalf of Buyer and delivered to Seller on or before Off-Record Matters
316 Objection Deadline (§2.3). If Seller does not receive Buyer's notice by said deadline, Buyer accepts title subject to such
317 rights,if any,of third parties of which Buyer has actual knowledge.
318 8.3. Survey Review.
319 O 8.3.1. Not Applicable. This§8.3 shall not apply.
320 ® 8.3.2. Conditional on Survey. If the box in this§8.3.2 is checked,Buyer shall have the right to inspect the
321 Survey. if written notice by or on behalf of Buyer of any unsatisfactory condition shown by the Survey, notwithstanding
322 §8.2 or§ 13,is received by Seller on or before Survey Objection Deadline(§2.3)then such objection shall be deemed an
323 unsatisfactory title condition.If Seller does not receive Buyer's notice by Survey Objection Deadline(§2.3).Buyer accepts
324 the Survey as satisfactory.
325 8.4. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL
326 OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES
327 ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS
328 MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND TAX TO SUPPORT TIIE SERVICING OF
329 SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE LNABILITY OF SUCH A DISTRICT TO
330 DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES.BUYERS SHOULD
331 INVESTIGATE THE SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY
332 CONTACTING THE COUNTY TREASURER,BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE
333 PROPERTY, AND BY OBTAINING FURTHER INFORMATION FROM THE BOARD OF COUNTY
334 COMMISSIONERS,THE COUNTY CLERK AND RECORDER,OR THE COUNTY ASSESSOR.
335 In the event the Property is located within a special taxing district and Buyer desires to terminate this Contract as a
336 result, if written notice, by or on behalf of Buyer, is received by Seller on or before Off-Record Matters Objection
337 Deadline(§2.3),this Contract shall terminate. If Seller does not receive Buyer's notice by such deadline,Buyer accepts the
333 effect of the Property's inclusion in such special taxing district and waives the right to terminate for that reason.
339 8.5. Right to Object, Cure. Buyer's right to object shall include, but not be limited to, those matters set forth in
340 §§8 and 13. If Seller receives notice of unnterchantahility of title or any other unsatisfactory title condition or commitment
1 terms as provided in §§ 8.1. 8.2 and 8.3, Seller shall use reasonable efforts to correct said items and bear any nominal 4 l
2 expense to correct the same prior to Closing. If such unsatisfactory title condition is not corrected to Buyer's satisfaction on
No.wCBS1-5-09. CONTRACT TO BUY AND SELL REAI.ESTATE (Page 7 of IS) Initials: '/___
43 or before Closing,this Contract shall terminate; provided,however,Buyer may,by written notice received by Seller on or
344 before Closing,waive objection to such items.
345 8.6. Right of First Refusal or Contract Approval. If there is a right of first refusal on the Property,or a right to
346 approve this Contract, Seller shall promptly submit this Contract according to the terms and conditions of such right. If the
347 holder of the right of first refusal exercises such right or the holder of a right to approve disapproves this Contract, this
348 Contract shall terminate.If the right of first refusal is waived explicitly or expires,or the Contract is approved,this Contract
349 shall remain in full force and effect.Seller shall promptly notify Buyer of the foregoing.If expiration or waiver of the right of
350 first refusal or Contract approval has not occurred on or before Right of First Refusal Deadline(§2.3), this Contract shall
351 terminate.
352 8.7. Title Advisory. The Title Documents affect the title, ownership and use of the Property and should be
353 reviewed carefully. Additionally,other matters not reflected in the Title Documents may affect the title,ownership and use of
354 the Property,including without limitation,boundary lines and encroachments,area,zoning,unrecorded easements and claims
355 of easements,leases and other unrecorded agreements, and various laws and governmental regulations concerning land use,
356 development and environmental matters. The surface estate may be owned separately from the underlying mineral
357 estate, and transfer of the surface estate does not necessarily include transfer of the mineral rights or water rights.
358 Third parties may hold interests in oil, gas, other minerals, geothermal energy or water on or under the Property,
359 which interests may give them rights to enter and use the Property. Such matters may he excluded from or not covered
360 by the title insurance policy. Buyer is advised to timely consult legal counsel with respect to all such matters as there are
361 strict time limits provided in this Contract [e.g., Title Objection Deadline (§2.3) and Off-Record Matters Objection
362 Deadline(§2.3)].
363
364 9. LEAD-BASED PAINT. Unless exempt, if the improvements on the Property include one or more residential
365 dwellings for which a building permit was issued prior to January 1, 1978,this Contract shall be void unless(1)a completed
366 Lead-Based Paint Disclosure (Sales) form is signed by Seller, the required real estate licensees and Buyer, and (2) Seller
367 receives the completed and fully executed form prior to the time when the Contract is signed by all parties. Buyer
368 acknowledges timely receipt of a completed Lead-Based Paint Disclosure (Sales) form signed by Seller and the real estate
369 licensees.
.0
1 10. PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY, BUYER DISCLOSURE AND
372 SOURCE OF WATER.
373 10.1. Seller's Property Disclosure Deadline. On or before Seller's Properly Disclosure Deadline (§2.3), Seller
374 agrees to deliver to Buyer the most current version of the applicable Colorado Real Estate Commission's Seller's Property
375 Disclosure form completed by Seller to the best of Seller's actual knowledge,current as of the date of this Contract.
376 10.2. Inspection Objection Deadline. Buyer shall have the right to have inspections of the physical condition of
377 both the Property and inclusions,at Buyer's expense.If(1)the physical condition of the Property,(2)the physical condition
378 of the Inclusions,(3)any proposed or existing transportation project,road,street or highway, or(4)any other activity,odor
379 or noise(whether on or off the Property)and its effect or expected effect on the Property or its occupants is unsatisfactory in
38t) Buyer's subjective discretion,Buyer shall,on or before Inspection Objection Deadline(§2.3):
381 10.2.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated;or
382 10.2.2. Notice to Correct. Deliver to Seller a written description of any unsatisfactory physical condition
383 which Buyer requires Seller to correct.
384 If written notice is not received by Seller on or before Inspection Objection Deadline (§2.3), the physical
385 condition of the Property and Inclusions shall be deemed to be satisfactory to Buyer.
386 10.3. Inspection Resolution Deadline. If a Notice to Correct is received by Seller and if Buyer and Seller have not
387 agreed in writing to a settlement thereof on or before Inspection Resolution Deadline(§2.3),this Contract shall terminate
338 one day following Inspection Resolution Deadline (§2.3),unless before such termination Seller receives Buyer's written
389 withdrawal of the Notice to Correct.
390 10.4. Damage, Liens and Indemnity. Buyer, except as otherwise provided in this Contract, is responsible for
391 payment for all inspections, tests.surveys,engineering reports,or any other work performed at Buyer's request(Work)and
392 shall pay for any damage that occurs to the Property and Inclusions as a result of such Work.Buyer shall not permit claims or
393 liens of any kind against the Property for Work performed on the Property at Buyer's request. Buyer agrees to indemnify,
394 protect and hold Seller harmless front and against any liability,damage,cost or expense incurred by Seller and caused by any
395 such Work, claim, or lien. This indemnity includes Seller's right to recover all costs and expenses incurred by Seller to
396 defend against any such liability, damage, cost or expense,or to enforce this section, including Seller's reasonable attorney
397 and legal fees.The provisions of this section shall survive the termination of this Contract.
98 10.5. Insurability. This Contract is conditional upon Buyer's satisfaction,in Buyer's subjective discretion, with the
9 availability, terms and conditions of and premium for property insurance.This Contract shall terminate upon Seller's receipt.
No. sCBSSl-5-09. C.'ONl'RAC1"TO BUY AND SELL REAL ESTATE (Pages of 15) initials: F1 Y
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400 on or before Property Insurance Objection Deadline (*2.3), of Buyer's written notice that such insurance was not
401 satisfactory to Buyer. If said notice is not timely received, Buyer shall have waived any right to terminate under this
402 provision.
403 10.6. Buyer Disclosure. Buyer represents that Buyer 0 Does ® Does Not need to sell and close a property to
404 complete this transaction.
405 Note:Any property sale contingency should appear in Additional Provisions(§26).
406 10.7. Source of Potable Water(Residential Land and Residential Improvements Only).
407 Buyer ❑ Does 0 Does Not acknowledge receipt of a copy of Seller's Property Disclosure or Source of Water
408 Addendum disclosing the source of potable water for the Property.Buyer ❑Does O Does Not acknowledge receipt of a
409 copy of the current well permit.
410 ❑There is No Well.
411 Note to Buyer: SOME WATER PROVIDERS RELY,TO VARYING DEGREES,ON NONRENEWABLE GROUND
412 WATER.YOU MAY WISH TO CONTACT YOUR PROVIDER(OR INVESTIGATE THE DESCRIBED SOURCE)
413 TO DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER'S WATER SUPPLIES.
414 10.8. Carbon Monoxide Alarms. Note:If the improvements on the Property have a fuel-fired heater or appliance,a
415 fireplace,or an attached garage and include one or more rooms lawfully used for sleeping purposes(Bedroom),the parties
416 acknowledge that Colorado law requires that Seller assure the Property has an operational carbon monoxide alarm installed
417 within fifteen feet of the entrance to each Bedroom or in a location as required by the applicable building code.
418
419 11. METHAMPHETAMINE DISCLOSURE (Residential Property Only). If the Property is residential, and Seller
420 knows that methamphetamine was ever manufactured,processed, cooked,disposed of, used or stored at the Property, Seller
421 is required to disclose such fact.No disclosure is required if the Property was remediated in accordance with state standards
422 and other requirements are fulfilled pursuant to§25-18.5-102,C.R.S.Buyer further acknowledges that Buyer has the right to
423 engage a certified hygienist or industrial hygienist to test whether the Property has ever been used as a methamphetamine
424 laboratory. If Buyer's test results indicate that the Property has been contaminated with methamphetamine,but has not been
425 remediated to meet the standards established by rules of the State Board of Health promulgated pursuant to 4 25-18.5-102,
426 C.R.S.,Buyer shall promptly give written notice to Seller of the results of the test, and Buyer may terminate this Contract,
0..7
notwithstanding any other provision of this Contract.
429 12. CLOSING. Delivery of deed from Seller to Buyer shall be at closing(Closing).Closing shall be on the date specified
430 as the Closing Date(ti 2.3)or by mutual agreement at an earlier date.The hour and place of Closing shall be as designated
431 by Buyer and Seller.
432
433 13. TRANSFER OF TITLE. Subject to tender or payment at Closing as required herein and compliance by Buyer with
434 the other terms and provisions hereof,Seller shall execute and deliver a good and sufficient general warranty deed to Buyer,
435 at Closing, conveying the Property free and clear of all taxes except the general taxes for the year of Closing. Except as
430 provided herein,title shall be conveyed free and clear of all liens,including any governmental liens for special improvements
437 installed as of the date of Buyer's signature hereon,whether assessed or not.Title shall be conveyed subject to:
438 13.1. those specific Exceptions described by reference to recorded documents as reflected in the Title Documents
439 accepted by Buyer in accordance with Title Review(§8.1),
440 13.2. distribution utility easements(including cable TV),
441 13.3. those specifically described rights of third parties not shown by the public records of which Buyer has actual
442 knowledge and which were accepted by Buyer in accordance with Matters Not Shown by the Public Records(§8.2)and
443 Survey Review(§ 8.3),
444 13.4. inclusion of the Property within any special taxing district,and
445 13.5. other n/a .
446
447 14. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before Closing from
448 the proceeds of this transaction or from any other source.
449
450 15. CLOSING COSTS,DOCUMENTS AND SERVICES.
451 15.1. Good Funds. Buyer and Seller shall pay, in Good Funds, their respective closing costs and all other items
452 required to be paid at Closing,except as otherwise provided herein.
453 15.2. Closing Information and Documents. Buyer and Seller will furnish any additional information and
454 documents required by Closing Company that will be necessary to complete this transaction.Buyer and Seller shall sign and
S complete all customary or reasonably required dociunemts at or before Closing.
ily
No.„CBSt-5-09. CONTRACT TO BUY AND SELL REAL ESTATE (Page 9 of IS) Initials' 1-f{{
456 15.3. Closing Services Fee. The fee for real estate closing services shall be paid at Closing by ❑Buyer ®Seller
457 O One-Half by Buyer and One-Half by Seller ❑Other Wu .
458 15.4. Closing Instructions. Buyer and Seller agree to execute the Colorado Real Estate Commission's Closing
459 Instructions.Such Closing Instructions ❑Are ®Are Not executed with this Contract.Upon execution, ❑Seller ®Buyer
460 shall deliver such Closing Instructions to the Closing Company.
461 15.5. Status Letter and Transfer Fees. Any fees incident to the issuance of Association's statement of assessments
462 (Status Letter)shall be paid by O Buyer O Seller ®One-Half by Buyer and One-Half by Seller.Any transfer fees
463 assessed by the Association(Association's Transfer Fee)shall be paid by nBuyer O Seller O One-Half by Buyer
464 and One-Half by Seller.
465 15.6. Local Transfer Tax. O The Local Transfer Tax of n/a %of the Purchase Price shall be paid at Closing by
466 El Buyer O Seller 0 One-Half by Buyer and One-Half by Seller.
467 15.7. Sales and Use Tax. Any sales and use tax that may accrue because of this transaction shall be paid when due
468 by ❑Buyer O Seller ®One-Half by Buyer and One-Half by Seller.
469
470 16. PRORATIONS, The following shall be prorated to Closing Date(§2.3),except as otherwise provided:
471 16.1. Taxes. Personal property taxes,if any,and general real estate taxes for the year of Closing,based on O Taxes
472 for the Calendar Year immediately Preceding Closing ® Most Recent Mill Levy and Most Recent Assessed
473 Valuation,adjusted by any applicable qualifying seniors property tax exemption,or O Other net .
474 16.2. Rents. Rents based on O Rents Actually Received ❑Accrued.At Closing,Seller shall transfer or credit to
475 Buyer the security deposits for all leases assigned,or any remainder after lawful deductions,and notify all tenants in writing
476 of such transfer and of the transferee's name and address.Seller shall assign to Buyer all leases in effect at Closing and Buyer
477 shall assume such leases.
478 16.3. Association Assessments. Current regular Association assessments and dues(Association Assessments) paid
479 in advance shall be credited to Seller at Closing. Cash reserves held out of the regular Association Assessments for deferred
480 maintenance by the Association shall not he credited to Seller except as may be otherwise provided by the Governing
451 Documents. Any special assessment by the Association for improvements that have been installed as of the date of Buyer's
482 signature hereon shall be the obligation of Seller. Any other special assessment assessed prior to Closing Date(§2.3)by the
3 Association shall be the obligation of ❑Buyer O Seller. Seller represents that the Association Assessments arc currently
84 payable at$nhr per net and that there are no unpaid regular or special assessments against the Property except the current
485 regular assessments and n/a .Such assessments are subject to change as provided in the Governing Documents.Seller agrees
486 to promptly request the Association to deliver to Buyer before Closing Date(*2.3)a current Status Letter.
487 16.4. Other Prorations. Water and sewer charges,interest on continuing loan,and none other.
488 16.5. Final Settlement. Unless otherwise agreed in writing,these prorations shall be final.
489
490 17. POSSESSION. Possession of the Property shall be delivered to Buyer on Possession Date at Possession Time(*2.3),
491 subject to the following leases or tenancies:
492 none
493 If Seller, after Closing, fails to deliver possession as specified, Seller shall be subject to eviction and shall be
494 additionally liable to Buyer for payment of$100.00 per day(or any part of a day notwithstanding?; 2.5.1) from Possession
495 Date and Possession Time(3 2.3)until possession is delivered.
496 Buyer O Does ®Does Not represent that Buyer will occupy the Property as Buyer's principal residence.
497
498 18. ASSIGNABILITY AND INUREMENT. This Contract ❑ Shall ® Shall Not be assignable by Buyer without
499 Seller's prior written consent. Except as so restricted,this Contract shall inure to the benefit of and be binding upon the heirs,
500 personal representatives,successors and assigns of the parties.
501
502 19. CAUSES OF LOSS, INSURANCE; CONDITION OF, DAMAGE TO PROPERTY AND INCLUSIONS AND
503 WALK-THROUGH. Except as otherwise provided in this Contract, the Property, Inclusions or both shall he delivered in
504 the condition existing as of the date of this Contract,ordinary wear and tear excepted.
505 19.1. Causes of Loss,Insurance. In the event the Property or Inclusions are damaged by fire,other perils or causes
506 of loss prior to Closing in an amount of not more than ten percent of the total Purchase Price, Seller shall be obligated to
507 repair the same before Closing Date (5s' 2.3). In the event such damage is not repaired within said time or if the damage
508 exceeds such sum, this Contract may be terminated at the option of Buyer by delivering to Seller written notice of
509 termination on or before Closing.Should Buyer elect to carry out this Contract despite such damage,Buyer shall be entitled
510 to a credit at Closing for all insurance proceeds that were received by Seller(but not the Association, if any)resulting from
ID11 such damage to the Property and Inclusions, plus the amount of any deductible provided for in such insurance policy. Such
12 credit shall not exceed the Purchase Price.In the event Seller has not received such insurance proceeds prior to Closing,then
No.wCB.SI-5-09. CONTRACT TO BUY AND SELL REAL ESTATE (Page 10 or 15) Initials: . Ff. .,.,.,.,
•
13 Seller shall assign such proceeds at Closing,plus credit Buyer the amount of any deductible provided for in such insurance�
514 policy,but not to exceed the total Purchase Price.
515 19.2. Damage, Inclusions and Services. Should any Inclusion or service(including systems and components of the
516 Property,e.g.heating,plumbing)fail or be damaged between the date of this Contract and Closing or possession,whichever
517 shall be earlier,then Seller shall be liable for the repair or replacement of such Inclusion or service with a unit of similar size,
518 age and quality,or an equivalent credit,but only to the extent that the maintenance or replacement of such inclusion,service
519 or fixture is not the responsibility of the Association, if any, less any insurance proceeds received by Buyer covering such
520 repair or replacement. Seller and Buyer are aware of the existence of pre-owned home warranty programs that may be
521 purchased and may cover the repair or replacement of such Inclusions.The risk of loss for damage to growing crops by fire
522 or other casualty shall be borne by the party entitled to the growing crops as provided in §3.1.7 and such party shall be
523 entitled to such insurance proceeds or benefits for the growing crops.
524 19.3. 'Valk-Through and Verification of Condition. Buyer, upon reasonable notice, shall have the right to walk
525 through the Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this
526 Contract.
527
528 20. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document, Buyer and Seller
529 acknowledge that the respective broker has advised that this document has important legal consequences and has
530 recommended the examination of title and consultation with legal and tax or other counsel before signing this Contract.
531
532 21. TIME OF ESSENCE,DEFAULT AND REMEDIES. Time is of the essence hereof.If any note or check received as
533 Earnest Money hereunder or any other payment due hereunder is not paid,honored or tendered when due,or if any obligation
534 hereunder is not performed or waived as herein provided,there shall be the following remedies:
535 21.1. If Buyer is in Default:
536 ® 21.1.1. Specific Performance. Seller may elect to treat this Contract as canceled, in which case all Earnest
537 Money(whether or not paid by Buyer) shall be forfeited by Buyer, paid to Seller and retained by Seller; and Seller may
538 recover such damages as may be proper;or Seller may elect to treat this Contract as being in full force and effect and Seller
539 shall have the right to specific performance or damages,or both.
00 O 21.1.2. Liquidated Damages. All Earnest Money (whether or not paid by Buyer) shall be forfeited by
1 Buyer,paid to Seller, and retained by Seller. Both parties shall thereafter be released from all obligations hereunder. It is
542 agreed that the Earnest Money specified in§4.1 is LIQUIDATED DAMAGES,and not a penalty, which amount the parties
543 agree is fair and reasonable and(except as provided in§§ 10.4, 19,22,23 and 24),said forfeiture shall be SELLER'S SOLE
544 AND ONLY REMEDY for Buyer's failure to perform the obligations of this Contract. Seller expressly waives the remedies
545 of specific performance and additional damages.
546 21.2. If Seller is in Default: Buyer may elect to treat this Contract as canceled, in which case all Earnest Money
547 received hereunder shall be returned and Buyer may recover such damages as may be proper,or Buyer may elect to treat this
548 Contract as being in full force and effect and Buyer shall have the right to specific performance or damages,or both.
549
550 22. LEGA1,FI!:I<:S,COST AND EXPENSES. In the event of any arbitration or litigation relating to this Contract,prior to
551 or after Closing Date (§2.3), the arbitrator or court shall award to the prevailing party all reasonable costs and expenses,
552 including attorney and legal fees.
553
554 23. MEDIATION. If a dispute arises relating to this Contract,prior to or after Closing, and is not resolved, the parties
555 shall first proceed in good faith to submit the matter to mediation.Mediation is a process in which the parties meet with an
556 impartial person who helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions.
557 The parties to the dispute must agree, in writing, before any settlement is binding. The parties will jointly appoint an
558 acceptable mediator and will share equally in the cost of such mediation. The mediation, unless otherwise agreed, shall
559 terminate in the event the entire dispute is not resolved within thirty days of the date written notice requesting mediation is
560 delivered by one party to the other at the party's last known address. This section shall not alter any date in this Contract.
561 unless otherwise agreed.
562
563 24. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder shall release the
564 Earnest Money as directed by written mutual instructions,signed by both Buyer and Seller. In the event of any controversy
565 regarding the Earnest Money(notwithstanding any termination of this Contract),Earnest Money Holder shall not be required
560 to take any action. Earnest Money Holder.at its option and sole discretion,may(1)await any proceeding, (2) interplead all
567 parties and deposit Earnest Money into a court of competent jurisdiction and shall recover court costs and reasonable attorney
8 and legal fees,or(3)provide notice to Buyer and Seller that unless Earnest Money Holder receives a copy of the Summons 6 s
9 and Complaint or Claim(between Buyer and Seller)containing the case number of the lawsuit(Lawsuit)within one hundred
No.»CBS,-5-09. CONTRACT TO BUY AND SELL.REAL ESTATE (Page II of 15) Initials: f-j)
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0 twenty days of Earnest Money Holder's notice to the parties,Earnest Money Holder shall be authorized to return the Earnest
0
571 Money to Buyer. In the event Earnest Money Holder does receive a copy of the Lawsuit,and has not interpled the monies at
572 the time of any Order, Earnest Money Holder shall disburse the Earnest Money pursuant to the Order of the Court. The
573 parties reaffirm the obligation of Mediation (§23). The provisions of this §24 apply only if the Earnest Money Holder is
574 one of the Brokerage.Firms named in§34 or§35.
575
576 25. TERMINATION. In the event this Contract is terminated,all Earnest Money received hereunder shall be returned and
577 the parties shall be relieved of all obligations hereunder,subject to§§ 10.4,23 and 24.
578
579 26. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real
580 Estate Commission.)
581
582 A. This contract is expressly contingent upon the approval of a Recorded Exemption from the Weld County Planning&
583 Zoning Department. Seller agrees to assist Buyer with the exemption process. Buyer agrees to pay all costs associated in
584 obtaining said Recorded Exemption.
585 B. This contract is expressly contingent upon the Buyer securing a Use by Special Review(USR)permit from the Weld
586 County Planning&Zoning Department. Seller agrees to assist Buyer with the permit process. Buyer ogress to pay all costs
587 associated in obtaining said USR.
588 C. Buyer.shall have an "inspection period"of(90)ninety days from the date of MEC The term "inspection"shall
589 include but not be limited to any engineering studies,environmental studies,soil tests,and any other tests,studies or
590 inspection at the sole cost and expense of Buyer in connection with the proposed special use of the property. In the event the
591 results of any said tests are not acceptable to the Buyer,this contract may be declared null and void,at the Buyers's option,
592 and the earnest money returned to the Buyer.
593 D. Closing shall be 10 business days after the Use by Special Review is approved and recorded by the Weld County
594 Planning Department.
595
W6
7
8
599 27. ATTACHMENTS. The following are a part of this Contract:
600 Exhibit A
601
602 Note:The following disclosure forms are attached hut are not a part ot'this Contract:
603 n/a
604
605 28. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith,including but not
606 limited to exercising the rights and obligations set forth in the provisions of Financing Conditions and Obligations (§ 5)
607 and Property Disclosure,Inspection,Indemnity,Insurability,Buyer Disclosure and Source of Water(§ 10).
608
609 29. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL. This Contract, its exhibits and specified addenda,
610 constitute the entire agreement between the parties relating to the subject hereof,and any prior agreements pertaining thereto,
611 whether oral or written,have been merged and integrated into this Contract.No subsequent modification of any of the terms
612 of this Contract shall be valid,binding upon the parties,or enforceable unless made in writing and signed by the parties.Any
613 obligation in this Contract that,by its terms, is intended to be performed after termination or Closing shall survive the same.
614
615 30. COLORADO FORECLOSURE PROTECTION ACT. If the Colorado Foreclosure Protection Act (Act) applies.
616 then a different contract that complies with the provisions of the Act is required, and this Contract shall he void and of no
6l7 effect. The Act generally requires that (1) the Property is residential, (2) any loan secured by the Property is at least thirty
618 days delinquent or in default. (3)Buyer does not reside in the Property for at least one year and (4) Buyer is subject to the
619 Act. Buyer O Will O Will Not occupy the Property as Buyer's personal residence for at least one year.The parties are
620 further advised to consult with their own attorney.
621
622 31. NOTICE,DELIVERY,AND CHOICE OF LAW.
623 31.1. Physical Delivery. All notices must he in writing, except as provided in §31.2. Any document, including a
0 4 signed document or notice,delivered to Buyer shall be effective when physically received by Buyer, any signator on behalf
5 of Buyer, any named individual of Buyer, any representative of Buyer, or Brokerage Firm of'Broker working with Buyer
No.wCBSI-5-09. CONTRACT TO REV AND SELL REAL ESTATL (Page 12 of 15) Initials: ll.
�26 (except for delivery, after Closing, of the notice requesting mediation described in §23) and except as provided in§31.2
627 below.Any document,including a signed document or notice,delivered to Seller shall be effective when physically received
628 by Seller,any signator on behalf of Seller,any named individual of Seller,any representative of Seller,or Brokerage Firm of
629 Broker working with Seller(except for delivery, after Closing, of the notice requesting mediation described in §23) and
630 except as provided in§31.2 below.
631 31.2. Electronic Delivery. As an alternative to physical delivery,any document,including any signed document or
632 written notice may be delivered in electronic form only by the following indicated methods: ® Facsimile ® Email
633 O Internet O No Electronic Delivery.Documents with original signatures shall be provided upon request of any party.
634 31.3. Choke of Law. This Contract and all disputes arising hereunder shall be governed by and construed in
635 accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in
636 Colorado for property located in Colorado.
637
638 32. NOTICE OF ACCEPTANCE,COUNTERPARTS. This proposal shall expire unless accepted in writing,by Buyer
639 and Seller,as evidenced by their signatures below,and the offering party receives notice of such acceptance pursuant to§31
640 on or before Acceptance Deadline Date (§2.3) and Acceptance Deadline Time (§2.3). If accepted, this document shall
641 become a contract between Seller and Buyer.A copy of this document may be executed by each party,separately,and when
642 each party has executed a copy thereof, such copies taken together shall be deemed to be a full and complete contract
643 between the parties.
644
Date: 0 zof Z' Date;
Buyer's Name: No•._a r_er: , ire. _ Buyer's Name:
Buyer's Signatur % Buyer's Signature
Address: 16 5 raadwa Suite 2200 _ Address:
• Denver, CO 80202
Phone No.: Phone No.:
Fax No.: Fax No.: _
Email Address: Email Address:
645
646 [NOTE:If this offer is being countered or rejected,do not sign this document.Refer to§33]
64 7
Date: 2 ` -/2 Date:
Seller's Name: Dillard Family LLC Seller's Name:
„‘,7--
Cr-Ad,/
Seller's Signature Seller's Signature
Address: PO Box 333 Address:
Galeton, CO 80622
Phone No.: Phone No.:
Fax No.: Fax No.:
Email Address: Email Address:
648
649 33. COUNTER;REJECTION. This offer is O Countered ❑Rejected.
6501)
1 Initials only of party(Buyer or Seller)who countered or rejected offer ___._____
No.wC1tS1-5-09. CONTRACTED TO BUY AND SELL REAL ESTATE (Page 13 of 15) Initials.: /1
• --
653 END OF CONTRACT TO BUY AND SELL REAL ESTATE
654
655 — —
656 34. BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE.
657 (To be completed by Broker working with Buyer)
658
659 Broker O Does ❑Does Not acknowledge receipt of Earnest Money deposit specified in§4.1 and,while not a party to the
660 Contract,agrees to cooperate upon request with any mediation concluded under §23. Broker agrees that if Earnest Money
661 Holder is other than the Brokerage Firm identified in y 34 or§35,Closing Instructions signed by Buyer,Seller,and Earnest
662 Money Holder must be obtained on or before delivery of Earnest Money to Earnest Money Holder.
663
664 Broker is working with Buyer as a ❑Buyer's Agent O Seller's Agent ❑Transaction-Broker in this transaction.
665 ❑This is a Change of Status.
666
667 Brokerage Firm's compensation or commission is to be paid by O Listing Brokerage Firm ❑Buyer O Other
668
Date:
Brokerage Firm's Name:
Broker's Name:
Broker's Signature
Address:
Phone No.:
Fax No.:
Email Address:
669
670
671
672 35. BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE.
673 (To be completed by Broker working with Seller)
674
675 Broker ❑Does ❑Does Not acknowledge receipt of Earnest Money deposit specified in ys'4.1 and,while not a party to the
676 Contract,agrees to cooperate upon request with any mediation concluded under`3 23. Broker agrees that if Earnest Money
677 Holder is other than the Brokerage Firm identified in §34 or§35,Closing Instructions signed by Buyer,Seller,and Earnest
678 Money Holder must be obtained on or before delivery of Earnest Money to Earnest Money Holder.
679
680 Broker is working with Seller as a ❑Seller's Agent O Buyer's Agent O Transaction-Broker in this transaction.
681 ❑This is a Change of Status.
682
683 Brokerage Firm's compensation or commission is to be paid by O Seller ❑Buyer ❑Other
684
Date:
Brokerage Firm's Name:
Broker's Name:
•
No.wC'DSI-5419. CONTRACT TO BUY AND SELL REAL ESTATE (Page 14 of IS) Initials: r;0
• Broker's Signature
Address:
Phone No.:
Fax No.:
Email Address:
635
•
/.../
Na.t.CBS1-5-09. CONTIL'CT TO BUY AND SELI,REAT..ESTATE (Page 15 of 1S) ]nitials:
Exhibit"A"
• Attached to and made a part of that certain Contract to Buy and Sell Real Estate dated February -2 -r- ,2012, by
and between Noble Energy,Inc.as"Buyer"and Dillard Family,LLC.as"Seller"covering the following lands:
Township 7 North.Range 64 West,6th P.M.
Section 10: Part of the NE/4 being 27.9 acres and described as Lot A
C 1/4 C0R.,SEC. 10, WCR 84 R.O.W.
T7N, R64W,6TH P M NORTH LINE, NE 1/4,SEC. 10, ///'''--- NE CDR., SEC 10,
T7N,R64W,6TH P.M. T7N, R64W,6TH P.M.
- " "141.5' /// - - 1180.D'—'— -
b
cn
b LOT A z;
r 27.9 AC. 8
8
8
(GROSS ACREAGE=27.9 AC.) WCR 57 R.O.W.
(NET ACREAGE=26.4 AC.)
r
I
EAST LINE, NE 1/4,
SEC. 10. T7N, R64W.
1180.0' 6TH P.M
WEST LINE,
EAST 1/2, NE 1/4, ----\
SEC. 10,T7N, w
R64W,6TH P.M
II 30'
r 41)
0
w
D LOT B
2 52 0 AC c t' 2(X, 4•.:(Y(GROSS ACREAGE=52 0 AC) CO
6 (NET ACREAGE=50.8 AC) .efe r=.vro'_x;FF
z
O
ce
I
1
o I
O
tr
O
I
IY
I
w I EAST 1/4 COR.,SEC.
,i.,._:.
1323.2' 10,T7N. R64W,6TH
P.M.
y SOUTH LINE NE 1/4,SEC. 10.
5 T7N, R64W,6TH P M. +
s fl
R.
,y SE COR., SEC 10
T7N, R64W,6TH P M.
0.
0.
N NOBLE ENERGY Accred No.: I313671P12001
ElI I NA TECH RECORDED EXEMPTION Dale: 21112012
. D1/Npnsd By; —
A www tetratech coal Er
E, 1910:1 SuNsETST GTE'F NOBLE ENERGY RECORDED EXEMPTION
0 L'ONi:N.ONT.CO80.r,CI
% :+03 772 5202
IMMIMININIIMIIIMIIIIIIIIIIIIIII 6x Mva5",CS 1 mch
•
• CERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO ' DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
Heritage Title Company, Inc. hereby certifies that it has made a careful search of its
records and finds the following conveyances affecting the real estate described herein
since August 30, 1972, and the most recent deed recorded prior to August 30, 1972.
LEGAL DESCRIPTION
The Northeast Quarter of Section 10, Township 7 North, Range 64 West of the 6'h P.M., County
of Weld, State of Colorado.
CONVEYANCES (If none appear, so state):
Reception No. 1512436 1 Book 590
Reception No. 1512437 I Book 590 _ 1
Reception No. 1764384 [ Book 842
�' ; Reception No. 2527251 I Book 1584
• This certificate is made for the use and benefit of the Department of Planning Services
of Weld County, Colorado.
This certificate is not to be construed as an Abstract of Title, Opinion of Title or a
Guarantee of Title and the liability of Heritage Title Company, Inc. is hereby limited
to the fees paid for this Certificate.
In Witness Whereof, Heritage Title Company, Inc., has caused this Certificate to be
signed by its proper officer this 1st day of February, 2012, at 7:00 am.
Order No. H0324262
Heritage Ti Company, Inc.
Authorized Sigaatory
•
it
in
7co
WA) Recorded at / o'clock (CM. JAN 257968
In
Reception No. 1512436
NW SPpmf4 , Recorder
(- 3_/
I P
La KNOW ALL MEN BT THESE PRESENTS, That JUNE E. GROVES and KATHLEEN GROVES'
of the COUNTY OP WELD and STATE OP COLORADO, for the consideration of other Q sm valuable consideration and Ten Dollars, in hand paid, hereby sell and convey o
rw
ri5.81 An undivided one-half interest to JACK B. GROVES, and
,IAan undivided one-half interest to'DOLLY E. GROVES and
ti MARJORIE JEAN DILLARD, IN JOINT TENANCY,
O
.... all of the COUNTY OP WELD and STATE OP COLORADO, the following real property,0
In situate in the COUNTY OP WELD AND STATE OP COLORADO, to-wit;
o-
.0 An undl vided three-fourths 'o
o third (1/3) interest in and to;
o
(3/4) interest in and to an undivided one- o'
O O
Parcel No. 1; The Southeast: 1/4) of
Township Eight (8) North, Range Sixty-four (64) West of Section the 6th EP.M. (E), o-__•....d'A5
Parcel No. 2: All that part of the Southwest Quarter (SW 1/4) of 1
Section Nine (9), Township Eight (8) North, Range Sixty-four (64) Nest of
> the 6th P.M., lying and being South of the outlet of the McGrew Reservoir,
containing 51 acres, more or less,
Parcel No, 3: All of Section Fifteen (15), Township Eight (8) North,
Range Sixty-tour (64) West of the 6th P.M
Parcel No. 4; All of Section Sixteen (16), Township Eight (8) North,
Range Sixty-four (64) West of the 6th P,M.
Parcel No. 55 All of Section Seventeen (17), Township Eight (8) North,
Range Sixty-four (64) West of the 6th P.M.
Parcel No. 6: The North Half (N 1/I ) and the East Half (E 1/2) of
the Southeast Quarter (SE 1/4) of Section Nineteen (19), Township Eight (8)
North, Range Sixty-four (64) West of the E:h P.M, •
Also: All that part of that certain piece or parcel of land situated
in the Southwest Quarter (SW 1/4) of Section Nineteen (19), Township Eight (8)
North, Range Sixty—four (64) West of the tch P.M.,which was heretofore conveyed
by The Purcell Land and Investment Company to the Union Pacific Railroad Com-
pany by warranty deed dated May 5, 1910, 1 ,corded in Book 327, Page 398, Weld
County Records, lying northerly of the North line of the Main Street in the
Town of Puroell as platted and recorded, containing an area of 8.52 acres,
more or less,
Also: The Southwest Quarter (SW 1/4) and the West Half (W 1/2) of the
Southeast Quarter (SE 1/4) of Section Nineteen (19), Township Eight (8) North,
Range Sixty-four (64) West of the 6th P.M., EXCEPT the Town of Purcell, Colo-
rado. Also excepting 21,26 acres in the Southwest Quarter (SW 1/4) of said
Section Nineteen (19), as conveyed to the Union Pacific Railroad Company
deed recorded in Book 327, PageYP nY by
s.
Also conveying in the Town of�Purcell the County followingRecorlots Lots 1 to 5 inclusive, Lots 7 to 18 inclusive, and blocks:
in-
clusive in Block 1; All of Block 2; and Lots 22 to 32 and Lots 21 to 32Lots 1 to 12 inclusive, Lots 15 e25 16,
inclusive in Block 3; Lots 1 to 20 inclusive, Lots 25 to 16
inclusive, and Lots 31 and 32 in Block ..ncs 1 to 13 inclusive, and Lots 16
to 23 inclusive i?.n Block 5; Lots 18 to 13 Inclusive in Block 6; Lots 4 to 15
inclusive, Lots 17 and 18, and Lots 22 to ?6 inclusive in Block 7; Lots 1 to
7 inclusive, Lots 10 to 12 inclusive, Lots 17 and 18, and hots 24 and 25 in
Block 8; Lots 4, 12, 13 and 16 in Block 9; Lots 1 to 12 inclusive, Lots 15
to 20 inclusive, Lots 22 to 25 inclusive und Lots 28 to 32 inclusive in Block
14; Lets 1 to 18 inclusive, and Lots 21 to 32 inclusive in Block 11; all of
22 to 32 Blocks 12, 13 and 14; Lots 1 to 9 inclusive, Lots 14 to 18 Inclusive, and Lots
to 27 inclusive inclusive
in Block o17;lall 5; LofotsBlocks 18,17 to 2D1191 and v2D;In
hotst 1 to Blok y Lts
10o in-
16clusive and Lots 13 to 32 inclusive in Block 22; all or Blocks 23, 24 and 25;
D0-'-
w
•
• 590 15'12•116
3-a,
Lots 1 to 10 inclusive, and Lots 13 to 32 inclusive in Block 26; all o:
Block 27; Lots 1 to 4 inclusive, Lots 7 to 12 inclusive, and Lots 15 to
32 inclusive in Block 28; all of Blocks 29, 30, A, B, C, D, E, A, J, K,
and L and Lots 1 to 24 inclusive and Lots 26 to 32 inclusive in Block 21;
all in the town site of Purcell, Weld County, Colorado.
Parcel No, 7: The East Half (B 1/2) and the Northwest Quarter (NW 1/4)
of Section Twenty (20), Township Eight (8) North, Range Sixty-four (64)
West of the 6th P.M.
Parcel No. 8: All of Section Twenty-one (21), Township Eight (8) North,
Range Sixty-four (64) West of the 6th P.M.
Parcel No. 2: All of Section Twenty-two (22), Township Eight (8) North,
Range Sixty-four (64) West of the 6th P.M.
Parcel No. 10: All that part of Section Twenty-seven (27), Township
Eight (8) North, Range Sixty-four (64) West of the 6th P.M., lying North
and West of State Highway No. 14, descr±bed as follows: Beginning at a
point on the South line of Section 27, 10.3 feet East of the Southwest
corner; thence along the center line of said Highway 14, North 40°28' East
- _ 5693.6 feet to the beginning of a 2° curve to the right; thence along the
2° curve to the right 1836.8 feet to a point on the East line of said See-
tion 27
, 51.4 feet South of the Northeast corner: thence North 51.0 ctit
t0 the Northeast na 86G OOPnCrf thence West along'GhE- norin line of Said Section
27, one mile to the Northwest corner; thence South along the West line of
said Section 27, one mile to the Southwest corner; thence East along the
South line of said Section 27, 10.3 feet' to the point of beginning, said
tract containing 272,76 acres, more or less, exclusive of highway right
of day.
Parcel No. 11: All of Section Twenty-eight (28), Township Eight (8)
North, Range Sixty-four (64) West of the 6th P,M,
Parcel No. 12: All of Section Twnnty-nine (29), Township Eight (8)
North, Range Sixty-four (64) West of :he 6th P.M.
Parcel No. 13: All that part of Section Thirty (30), Township Eight (8)
North, Range Sixty-four (64) blest of he 6th P.M. lying East of a straight
line connecting a point 1145 feet Eas . of the Northwest corner of said
• Section Thirty (30) on the North and :: point 1763 feet East of the South-
west corner thereof on the South, tog-:ther with Lots 1 and 2 and the East
Half (E 1/2) of the Northwest Quarter (NW 1/4) except that part thereof
lying West of the center line of the abandoned Union Pacific Railroad
line as conveyed by deed recorded in look 314, Page 423, Weld County Records.
Parcel No. 14: The Southeast Qua 'ter (SE 1/4) and the East Half (E 1/2)
of the Southwest Quarter (SW 1/4) of Section Thirty-one (31), Township Eight
(8) North, Range Sixty-four (64) West of the 6th P.M.
Parcel No. 15: The East Half (E 1/2) of Section Thirty-two (32), Town-
ship Eight (8) North, Range Sixty-four (64) West of the 6th P.M.
Parcel No. 16: All of Section Thirty-three (33), Township Eight (8)
North, Range Sixty-four (64) West of the 6th P.M.
Parcel No. 17: All of Section Three (3), Township Seven (7) North, Range
Sixty-four (64) West of the 6th P.M.
Parcel No. 18: The Southeast Quarter (SE 1/4) and the Northwest Quarter
(NW 1/4) of Section Four (4), Township Seven (7) North, Range Sixty-four (64)
West of the 6th P.M.
Parcel No. 19: All of section Five (5), Township Seven (7) North, Range
Sixty-four (64) West of the 6th P.M.
Parcel No. 2D: All of Section H ne (9), Township Seven (7) North, Range
Sixty-four (64) West of the 6th P.M.
Parcel No. 21: The North Half ( 1/2) and the Southeast Quarter (SE 1/4)
of Section Ten (10), Township Seven (!) North, Range Sixty-four (64) West
of the 6th P.M.
Parcel No. 22: The Southwest Quarter (SW 1/4) of Section Thirty-four (34),
Township bigot (8) North, Range Sixty-four (64) West of the 6th P.M.
•
1512.136
590 3 3
with all its appurtenances, and warrant the title to the same,
Signed and delivered this 25-41(day of January, A. 0, 1968.
(SEAL)
Y42 eR -,/ •
SEAL)
STATE OF COLORADO)
•
COUNTY OF WELD )
) ss.
The foregoing instrument was acknowledged before me this ac`s- ,„G of January, A. D. 1968, by JUNE L. GROVES and KATHLEEN GROVES,e[fu 'eacn
of them.'
WITNESS my hand and off cial seal. �-
My commission expires , 7.i .
•
a;f�OTARY rt NOIARY PUBLIC
I:,
'er tew m 2
o.
a
� g •
•
•
• co
—i-i' ,590 JAN P.519E9_
„�
n..No 1512437_ ._.wm sr„„„,a.mid,r
7-1
{ GUARDIAN'S DEED
THIS INDENTURE, Made this ,e 5t4 ti day of January, in the v,
year of our Lord One Thousand Nine Hundred and Sixty-eight, L 6
n< between JUNE E. GROVES, as Guardian of the Estate of Stanley .o a
MI
K
-�< Groves, Minor, Party of the First Pert, and B
TACK B. GROVES, as to an undivided one-half interest,
o and DOLLY E. GROVES and MARJORIE JEAN DILLARD, IN m
° JOINT TENANCY, as to an Undivided one—half interest,
of the COUNTY OF WELD and STATE OP COLORADO, Parties of the
WHEREAS, in the District Court of the County of Weld, in
the State of Colorado, on the _7_"<day of January, A. D. 1968,
in the matter of the Estate of Stanley Groves, Minor, an order
authorizing and directing sale or the real estate hereinafter °.
5.
described was made and entered of record; and
WHEREAS, the said Party of the First Part did on the 25
co-
day of January, A, D. 1968, sell at private sale, for the total
• sum of NINETEEN THOUSAND THREE HUNDRED SEVENTY-FIVE DOLLARS
($19,375,00) to JACK B. GROVES, as to an undivided one-half
interest, and DOLLY E. GROVES an,: MARJORIE JEAN DILLARD, IN
JOINT TENANCY, as to an undividej one-half interest, the here-
inafter
described real estate, pursuant to and in full compliance o
with said order of the Court; and
{
WHEREAS, on the 1S° day of January, A.D. 1968, the said o
Party of the First Part, as Guardian of said estate, as aforesaid,
submitted to the said Court a report of such sale so made as `'
aforesaid; and
dg
THEREAFTER, an order confirming the said sale of real estate
was made and entered of record, which order is In words and figures
as follows, to—wit:
.
tr
pd` 530 1512.137 •
7-a
STATE OF COLORADO) IN THE DISTRICT COURT
) so.
COUNTY OP WELD ) No. p-10729
IN THE MATTER OF THE ESTATE)
ORDER CONFIRMING SALE OF REAL ESTATE
OP STANLEY GROVES, MINOR)
Now on this day comes June E. Groves, Guardian of said estate,
in person, and by her attorneys, Southard and Southard, and this
matter comes on to be hoard upon the report of sale of real estate
made under and by virtue of the decree of this Court.
And It appearing to the satisfaction of the Court that in making
said sale, the said June E. Groves, as Guardian, has in all respects
fully complied with the law in such case made and provided, and with
the decree of this Court.T madelbyltheTsaidFJune F. Groves,Dan DsuchAGuarOECREED dian, to JACK at the
8.sale
DROVES,
as to an undivided one-half interest, and DOLLY E. DROVES and MARJORIE
JEAN DILLARD, IN JDII'ff TENANCY, ys to an undivided one-half interent,
of the following described premises situate in the COUNTY OP WELD and
STATE OF COLORADO, to-wit:
An undivided one-fourth (1/4) interest in and to an undivided one-
third (1/3) interest in and to:
Parcel No. 1: The Southunnl fuarter (SF 1/4) of Section Eight (8),
Township Eight (8) North, Range Sixty-four (64) West of the 6th P.H.
Parcel No. 2: All that part of the Southwest Quarter (SW 1/4) of
Section Nine (9), Township Eight (U) North, Range Sixty-four (64) West
of the 6th P.R., lying and haio) South of the outlet of the McGrew •
Reservoir, containing 51 acres, sore or lean,
Parcel Ho. 3: All of Section Fifteen (15), Township Eight (U)
North, Range Sixty-four (04) We' t of the 6th P.M.
Parcel no. 4: All or Sect]. 'n Sixteen (16), Township Eight (8)
North,Range Sixty-four (64) We 't of the 6th P.M.
Parcel No. 5: All of Scott 2 Seventeen (17), Township Eight (8)
North, Range Sixty-four (64) West of the 6th P.P.
Parcel No. 6; The forth Half (I; 1/2) nod the Rant Half (P. 1/2) of
the Southeast Quarter (5E 1/4) of Section nineteen (19), 'fownahin Eight
(8) North, Range Sixty-four (64) West or the 6th P.!4,
Also: 611 that part of the! certain niece or parcel or land sit-
uated in she "outhwcct .)uarter (SW 1/4) of Section Nineteen (19), Town-
ship El eht (d) forth, Range C1xty-four (64) tler•t or the Gth P.N., which
was heretofore conveyed by ^.hc Purcell Land and Inv
the Union Pacific Railroad Company by warrnrtc deed Investment
ey Company 1e
recorded in Nook .:nY 5, 1910,
3 o7, here infl, rite• nu the Town
arcel port platy
of the forth line or tins Main ores in the es, of Parcel) . platted
end recorded, containing nr, nn eras of R.52 acres, pore or leas.
Also: The Couthwc et Ouartrr (,^i: 1/4) and the nest Waif (W 1/2) of
the Southeast ^darter (D(: 1/4) 'cotton Nineteen (19), Townahlo Eight
(8) North, Range Pixte-fnur (n':) ;est or the bth 0,., EXCEPT the Tovn
of Purcell, Colorado, Also ex oscine 21.25 acres in the Southwest
Quarter (SW 1/4) or ,-paid Section Nineteen (191, as conveyed to the
Union Pacific Rellrond company by deed recorded in !lank 327, Pare 398,
Weld County records.
Also con,eetrc In tat- -or, rr I.:le t. e fnlloelne lots and tire,.,:
Los l to I ,niloal ye iota 7 to 1' l':c)uslyr , sod Lots 22 to 32 in-
clusive is Ploct 1; Ail of nine'. p Iota 1 to 12 Inclose ye, Lots 15 anu
•
•
590 3.1,13::817
-...3
16,16, and Lots 21 to 32 inclusive to »lock 3; Lots 1 to 20 inc losive,
Lots 25 to 20 Inclusive, and Lots 31 And 32 in block h; Lour 1 to /
inclusive, and Lots 16 to 23 inclusive in aleck 5; Lots 111 to 33 In-
d ualvc in Bloch 6; Lot,: 4 in 15 inclusive, Lot:: 17 and 10, and Iota
22 to 26 incluuive in block 7; Lots 1 to 7 incluuive, Lots II) to 12
inclusive, Lots 17 and 13, and Lots 211 and 25 in Lion.:; 0; Lots II, 12,
13 and 16 in bloc): 9; Lot:: 1 to 12 inclusive, Lots 15 to 20 inclusive,
Lots 22 to 25 inclusive and I.otn 29 to 32 Inclusive in ;'lock 10; Lots
I to 10 inclusive, and Lola 21 to '.2 1',elusive in 810c1; 11; All of
blocks 12, 13 and lh; Lets 1 to n Inclucl vn, Unto l(I to 17 Inclusive,
end Lotp 22 to 32 Luluuivc In inc): 15; Lot:' 17 to 20 inclusive in
block 16; Lots 11. to 27 inc 1,¢:I v.' in ':loci: 17; all of ul.ocks 10, 19
and 20; Lots I to 10 Inclusive a::d Lots 13 to 32 Inclumive in block
22; all of i:locl.o 23, 211 anti 25; Lots 1 to 1(1 inclusive, and Lotn 13
to 32 inclusive in :I:lost. 21.; nil or lon!: 27, Lots 1 to 4 incluuive,
Lots, 7 to 12 Inclusive, curd Lots 15 to 32 inclusive in !Slosh 20; 1111
of blocks. 2), Jo, ;;, '., r:, p , ', •', and L and Lots 1 to 24 in-
clusive a,u Lot:: 2u La 32 the lu::;.vo in -.lock 21; all in the toot) site
of Purcell, 3eld Pountt, Golur:N:.,
1-nrccl ::u. 7: .'hr• ::rt Iii' C'
1/2) ;:rl d. northwest) !• lanrter
(i"x 1-h7 of (4)ilea tee r,t; (.'i), nrtlsair I fa: ( 1) :.OrLil, :I:m t^
Sixty-fear (L4) lest ul' C•,c ri.6 i`
1•:u.e•,i ..r. .: 'ii c;. ,.n:-::-;:-.. (,11), .n,era..., -.,.! t (0)
north, '1;:r:-c .Izt5-roar (',h7 ,.^ L:•.,.
°
Parcel .A. 5: '.11 of 'vdiet, •:ent;.-L:n (22), founshio 31rht (0)
north, :iar;-r, 'I:;'_r-fo-tr (GO7 She t:9;.
Parcel ':n, ,i- all t'at +^ f -erLlo;, runt]-::even
Town-
ship iTrht - -_ (27),(o) ort.:, .a^.:. .'zt -1 n:ur (G4) _,C or cur 41:h 2.",,
lyir' loran sou 20:11 of . Lot' ' ,...• 3'I, :•acrl:eel :;o follos:
0oginnio' at a :•alyd on L!.: ;+rd. :.11:le nr faction 27, 10.3 Teel East
111
of the Soutca071 eorn_r; t(tenet .n,: cap, i:or•ti: 40°25' L:I.r line of °n cs e ton
_:re -e;3,o r r� to the ,.e r!'1 '::t• of , 2° curve t to
the el -1:1:: thence clops. Inc 2° c :+.: ; , the 1.1 ^ t 1336,1 reel to a
point on too :era line or sn..1 : I citron 27, 51.4 Pre t, 'tout), of the
northeast corner; the ,ce .:n•ti, i'.4 ^o^t to the "nrt he
thence ..apt sbn:'.• tic :- art corner;
.. lrn: :::- .erti I1 _'7, out ;r11e to n 2
• ne•L oleeL con,cr; e:ehe:; )at L ;rl l:s.^ n." s:,20 ;ec line of,
one r.;t la .a L::r .r..u'.I:�g;;q r.nrre•- �,L' .^ ^lo:: ' cl,c .:nuth line of
said "3ectlon 27, lr;,; ^�...t noir:: nr::I e '1laur", :h!.) tract con-
tnininr 271,7< nor ,n-c .,^ it •arlar art.
ti n ht
_ _ ar(25),
,5 ; oiht of
s :torte, ...o. 11: :1. _ cr.t! ,t._.•t.) Parcel :o, 12, (2: '1 Olt
-areal ' t, _ , ,11 I ...
:Stud (.:) '.crti - - (•f•,)c In .1 , (_- ), ounphlr
- - 1',- 1 the..
..or, - ( ) r.,:" the
..: - . . v i., ^thor,
it: .her
1/It) .r , .� ..1 yea,ter
re.. • lit o
lne. uci :311 -'I - 3 : rv•':cnrvl
:r•¢r ,.d
(, 17e � t.l e 1. -)
•
I r_rec.: f • I
-•I;. .- ,r,.,n ( ' I. 1 -1:1
:.L.-.r.. (' It) _-.1 r: r
•
•
590 151Z4
.-
7-I
Parcel No. 20: All of Section Nine (9), Township Seven (7)
North, flange Sixty-four (64) West of the 6th P.µ,
Parcel No. 21: The North Half (N 1/2) and the Southeast Quarter
(SE 1/s of Sect on Ten (10), Township Seven (7) North, Range Sixty-
four (64) West of the 6th P.11,
Parcel Ho. 22, The Southwest Quarter (SW 1/4) of Section Thirty-
6 .
fourP(M4), Township Eight (8) North, Ranee Sixty-four (64) Went of the
for the sum of NINETEEN THOUSAND THREE HUNDRED SEVENTY-FIVE DOLLARS
($19,375.00),bsaidndsd ut hb is hereby,being
the appraised value of said described
Y, approved and confirmed.
of IT IS FURTHER ORDERED, that the said June E. Droves, as Guardian
said estate,
said JACK B. DOVES, noxtouan�Undivideddone-helf aoknowlege, anddinterest, and hDOLLY
E. GROVES and MARJORIE JEAN DILLARD, IN JOINT TENANCY, as to an un-
divided one-half interest, a good and sufficient deed of conveyance,
y conveying to said purchasers all the right, title, interest and potat2
61.' .,.Sn and to the , id premises ere property oo •pu s.uunnley Groves, Minor his s andlnrT _yy { refs
^�,rQ41 Y/enc..�S:^.a4�Y r�+'--�-v%R:A'f_'^-'F
AND IT IS FURTHER ORDERED, that said report so made, as aforesaid,
be, and it in hereby, approved, and that the same be, and it is
hereby, ordered recorded,
DONE IN OPEN COURT this :? uay of January, A. D. 1968
BY IR' CDU T:
iyc i
D1STR P JUDGE
•
•
• 1:,1;'13 '
NOW, THEREFORE, THIS INDENTURE Wi.'-ES5 TH, that the said Party
of the First Part, in consideration of the premises. and the further
consideration of the said sum of NINETEEN THOUSAND THREE HUNDRED
SEVENTY-FIVE DOLLARS (L19,375.OD) to her in hand paid by the said
Parities of the Second Part, the receipt of which is hereby acknow-
ledged, has sold and conveyed, and by these presents does sell and
convey unto JACK S. GROVES, as to an undivided one-half interest, and
DOLLY E. GROVES and MARJORIE JEAN DILLARD, IN JOINT TENANCY, as to
an undivided one-half interest, all the right, title, interest and
estate of the said Stanley Groves, Minor, in and to the following
described real estate, situate, lying and being in the COUNTY OP WELD
and STATE OF COLORADO, to-wit:
An undivided one-fourth (1/4) interest in and to an undivided
one-third (1/3) interest in and to;
Parcel No. 1: The Southeast Quarter (SE 1/4) of Section Eight (8),
Township Eight (8) North, Range Sixty-four (641 West of the 6th P.M.
Parcel No. 2: All that part of the Southwest Quarter (SW 1/4) of
Section Nine (9), Township Eight (B) North, Range Sixty—four (54) 'lest
of the 6th P.M., lying and being South of the outlet of the McGrew
_ __ containing 51 acres, more or less. ""'�' Tvs)g'?t .''1,
Reservard_ fight to . s.' _
��('3rce1:+o:y:iI7♦`ut 5 _ _ (15)1 Township Eight lol
North, Range Sixty-four (64) nest of the P 6th P.M.
Parcel 11O. 4: All of Section Sixteen (16), Township Eight (8)
North, Range Sixty-four (64) West of the 6th P.M.
Parcel No. 5: All of Section Seventeen (17), Township Eight. (8)
North, Range Sixty-four (64) West of the 6th P.M.
Parcel No, 6: The North Half (N 1/2) and, the East Half (E 1/2)
of the Southeast Quarter (SE 1/4) of section Nineteen (19), Township
Eight (5) North, Range Sixty-four (64; West of the 6th P.M.
Also: All that part of that certain piece or parcel of land
situated in the Sout',r'5I Quarter (SW 1/4) of Section Nineteen (19),
Township Eight (8) i =th, Range Sixty-four (64) West of the 6th P.M.,
which was heretofore conveyed by The ureell Land and Investment Com-
pany to the Union Pacific Railroad Company by warranty deed dated May
5, 1910, recorded in Book 327, ?age 3 8, Weld County Records, lying
• northerly of the North line of the Ma n Street in the Town of Purcell
as platted and recorded, containing a : arta of 0.52 acres, more or less.
Also: The Southwest Quarter (SW 1/4) and the West Half ('N 1/2)
of the Southeast Quarter (SE 1/4) of Section Nineteen (19), Township
Eight (8) North, Range Sixty-four (541 West of the 6th P.M., EXCEPT
the Town of Purcell,, Colorado. Also excepting 21.26 acres in the
Southwest Quarter (SW 1/4) o: saidSer :ion Nineteen (19), as conveyed
to the Union Pacific Railroad Compan; by deed recorded in Book 327,
Page 398, Weld County Records.
Also conveying in the Town of Purcell the following lots and
blocks:
Lots i to 5 Inclusive, Lots 7 t: 18 inclusive, and Lots 22 to 32
inclusive in block 1; All of Sloth 2; Lots 1 to 12 inclusive, Lots 15
and 16, and Lots 21 to 32 Inclusive In Block 3; Lots 1 to 20 inclusive,
s_Lot 25 to 1S inclusive and Lots 31 and 32 in Slots b; Lots 1 to 13
inclusive and Lots 16 to inclusive In Block. 5; Lots 18 to 33 in-
clusive In Blocs o; Lots 4t to 15 Inclusive, Lots 17 and 18, and Lots
22 to 2`, Inclusive in Plonk 7; boys 1 to 7 inclusive, Lots 10 to 12
Inclusive, _.o;.s 17 and I5, anti Lots 2e anti 25 in d"teak ; Lots 4 12,
13 end it In Finch 9; Lots 1 to :n^l::r.iss, b
- to 20 Inclusive,
Lots to Inclusive and Les :r ' inclusive in Flock 11; Lots
JA inclusive, and :Lots. 51 to ' ',ale=_ive In Flock. 11; all of
=lee .Ca2, IF and S Lots 1 is 9 1 olwylve, Lnlx :.o IS Inclusive,
and Lots '2 is t :rclu.a v 'r. rr :Lott ` inclusive In
Block is Ur. Inr riec .. 'In.c n lot `9 1
sac r lc:o :o it tnolus:vc ans _ n Ilreh
.cl
Lot. .. o .c I.
.... It .1 It ntr -
to sn.: :.o:: Is :lulsolre .n .. _ pr .
. n7
•
590 i,12'7': •
7 4
Paroel No. 7: The East Ralf (E 1/2) and the Northwest Quarter
(NW 17117 of Section Twenty (26), Township Eight (8) North, Range
Sixty-four (64) West of the 6th P.M.
North,arcel RangelVSixty-four (64) West o
o. B, All of Section
nf the 6th P
Twenty-one
.Ml), Township Eight (8)
Parcel No. 9: All of Section Twenty-two (22), Township Eight (8)
North, I(ange Sixty-four (6)I) West of theith P.M.
Paroel No. 10: All that part of Section Twenty-seven (27), Town-
ship Light (8) North, Range Sixty-four (64) West or the 6th P.N., lying
North and West of State Highway No. 14, described as follows: Beginning
at a point on the South line of Section 27, 10.3 feet East of the South-
west corner; thence along the center line of said highway 14, North
40°28' East 5693.6 feet to the beginning of a 2° curve to the right;
thence along the 2° curve to the right 1836,0 feet to a point on the
East line of said Section 27, 51.4 feet South of the Northeast corner;
thence North 51.4 feet to the Northeast corner; thence West along the
North line of said Section 27, one mile to the Northwest corner; thence
South along the West line of said Section 27, one mile to the Southwest
corner; thence East along the South line of said Section 27, 10,3 feet
to the point of beginning, said tract containing 272.76 acres less, exclusive of highway right of way. - more or
Paroel No. 11: All of Section Twenty-eight (28), Township Eight
(8) North, Range Sixty-four (64) Nest of the 6th P.M.
Parcel No. 12: All of Section Twenty-nine (29), Township Eight
(8) North, Range Sixty-four (64) Nest of the 6th P.M,
Parcel No. 13: All that part of Section Thirty (30), Township
Eight (8) North, Range Sixty-four (64) West of the 6th P.M. lying East
of a straight line connecting a point 1145
corner of Said Section Thirty an the orth feet ands of the Northwest
a point 1763 feet
Bout of the Southwest corner thereof on the South,ld together. with Lots
1 end 2 and the East Half (B 1/2) u the Northwest Quarter (NW 1/4)
except that part thereof lying West of the center line of the abandoned
Union Pacific Railroad line as conveyed by deed recorded in Pool: 714,
Page 421, Weld County Records.
Parcel No. 14: 'the Southeast !uarter (SE 1/4) and the East Ralf
(E 1/2) or the Southwest Quarter (Pi 1/4) of Section Thirty-one (31),
Township Eight. (0) North, Range Six y-four (64) west of the Gth P.M. •Parcel No. 15: The East Half (E 1/2) of Section Thirty-two (32),
township Eight (8) North, I1hnge S1:--':y-four (6)1) Went of the 6th P.M.
Parcel No. 16: All of Sectiot Thirty-three
(0) North, Range Sixty-four 64P
st cP.R. Township Eight
Parcel No. 1'/: ill of Sect lot Three (13),�t Township Seven
Range Sixty-four (64) went of the to b P.H. (7) North,
Parcel No. 10: The Southeast .:tarter (SE 1/4) and the Northwest
Quarter (NW 1/4) or Section Pcur (t1, Township
Sixty-Pau!• (611) Went or the 6th P.: Seven (7) North, Range
Parcel No. 19: Ali of Section Plea s longs :1xfi-1'aur 4 (. ). Township Seven (7) la m'tn,
C6 ) Idea or the a::h P.M.
Parcel No. 20: All of section sins (9) Township ;evon (I) North,
longs Sixty-Poor (h4) west or the nto P.M.
Parcel No. `l: The North half (II 1/-,`) auw the 3outheaat punrtcr
ISE 17L) of)7(717175n Ten ( In), 'I'nwn:llr )(ever ( ') "nrLlt. (lance .Sixty-:'our
(h4) Rest or thn ash P.M.
Parcel No. '17: The Southwest hearter (::w I/h) of aeration Thirty-roar
(3111,-'Irowwnnnrrp tirht :Fl North, Re leo :'ix.)-Rail' thin ,0St or the 1... .P.- .
.
T1` Ildl". AI:II 7_ w.tl.v I11. SAN! r:rh nil the enter:enancs there-
unto hntimn)nr, or Ih curet a`• vrt tn:or, 0 the
veneer a::r, hone fll
IN Ni.11th.::' 'n"I),II! :1' Lb" avlrl Sarin
: the -
.. . . "n rl., ... ;IMP..
•
•
3-90 I:12/1
,
7 '7
of said estate, es afone02id, ha,, hergcneo ant. her hang and
nen1 ::hg dyv and Yon* rlrnt hnrnintboge yr,tl:e::.
ri 'r'.uard on or the lincnte of
Stanley nr•ovea Minor.
STATE OF COLORADO)
COUNTY OF VELD )
) so.
The foregoi n, Instrument ma as Iino.l.ledged he fare me thia
.k day or Jnnllar
--•-•— Y, 1968, by JUNE f. DROVER, n0 Guardian or
%:c-r'a LIMOryf Pri .! Groves, Minor,
.____....__...._.,
.„"r....,• MY ac-m itnainn erfa rcn . _
•
: 14;
; 01 AOY'iry
:•,11." • •
•
or nok‘
I, ❑O19iR'I' F', il$VU1;r, (:)nrh 0 Um Plctrinl: Co 't or Lire
County :ma :r.oto arorosold, •to hore'ry curt I ry tun, of thin nail
forOgOlrll; La La n I.rnrr, I•tr'foe nod romp loin cony of order
• Confl.rrnl on r.eiit In :.Le LII^r nl Ili P.n Ln 1,o of ::Lrole!: Ora Vn•r,
F71nor.
.11 HI'I'[16:::: o;;Il:i?I Ci , Lnvr is r•nnuto ant. n; Imarl Mill nffl r,rrl
Lilo nearr o Yn In r.nnrl nn,
j - rI. k; .
_.1"r" LLr I�I:J
•
}'L?h+v'ra:lF`M1:il:?? ;%dr <��`L, •ry:nY—.'.:•w. 1F -cr-•r,;T—•, 4.,.-, .
BOOK ;' "'
`1-
r'754 j
Recorded of _� .. o'clock _fP .I.A. DEG 91975 3ti •
Rec. No.16"76►39Z_. S. Lee Shohee, Jr-, Recorder
end 7 -I ��i ``1Rni.tz:57,Y 5 35,''•4;;rs-Y.io:• Y!;ti,74\i 77._t
fi
f�., - — DATE RCGI STEREO BY STATE REG)STRAR if.?.
.f,
STATE OF COLORADO •i3
„ "
4 CERTIFICATE OF DEATH
.238 617 .a. .,ITL,E,a••oR CORD:IERI a r •
1'
:;-•,.. DiCi ASEP-NA,.F SES DATE or DEATH •a, . •a•.• i :,:•
";;tl Dolly Elizabeth Groves Female December 24, 1972 •:1 T. T.
ti' I ii -- --••••-[[we --,-‘•---- .i:'moo." r ••I .•, ',•I '. [•f DA ...,- e._ COV9T• ,• •�.
• [ e GATE or Walk OF DEATH•':t., Caucasian s...•7?t• s.• ,, ,. Nov. 28, 1893 1,•• held `x
,,., 1 Cfl ID."OR LOC A:..W OF DEATH IWIOE CITY LIMITS HOSPII AL OR OTHER INSTITL•TION_NAME ••tee-•.,...T. c,,..,,. ,,,,. •,, I 'l,,
1r. 'fI w•r. ,
_:J If ,L Greeley ,~atYes �� Yield
County••General Hospital
J.••t• STATE OF awl. •c-e•r•a ••...t CITIZEN OF NHAT I-DUNTAT NATAIEO,N V R HARRIED, SURVIYIIW SFOUSE ........A••.••••
1.. 1a ''c�a-•.."'• 'ID7+f0.DIVORCED a .,c• aF`�' ` I
;?;; Iu , Georgia It. USA „- widowed „- I l'
W
i 0 SOCIAL SECURITY NUMBER U,UA1 OCCUPATIOu.c-.r•..s.•.•. a.,c•.•....a••a• rumor aOSINEss DC INDUSTRY
,L 522.50-1745 A ,,,• Housewife IT:. OWN Home �-'
REST DENCT.STATE COIRITY CITY.YDNI,DR LOCATION 7...;:V..•;.:";,:•,:; 'i
},. I SYREEI AND NUMAER ; ,;;
N Colorado ,,,. Weld Aa Eaton ,Al No j,„Rte. 1, Box 3
4. FATHER'S RANI . ., -aa.1 .•r MOTHER'S MAIDEN DAME •.••• ew .•.• '
="▪ u. • James Nix ,•.- Harriett Swaim
r.I ,‘FORMAN:-DAME AELATIOI,10 DECEASED MAILING ADDRESS , c•. .., o., c -
"" ,,
•
..Jack.,Jack B. Groves Son 1,..Rte. 2 Box 32, Eaton, Colorado ,;
," '
_ l; CAUSE CIF DEATH • •.-•••t.c.v. ....,a •. •M.. a. I ••tP e+,i. ea.•••I
wNeplATE CwusF 1•I l'''''''-4'4'. ��ll-I�� E AZ T E L^F/,/� '`'
` ,y c a.s�.. u.,:w�'' 7 ...•• .•./�•/�..<e.lt.•...Jx.�... +- �/A ,/, �1 / f -*
(/�1}� I •ItI PART 11 OFRER SIGNIFICANT CONDITIONS co.o•• 7••••••••-••••••e e[• .F..,••. •a.••c. •A.•.c......••u. •••_ 'VTJ;LT I 'F 7E1••r
l.,`Yes, I "Yes:'. ...- ,.j
n:. 1
0 ACCIDENT,SUICIDE HOMICIDE DATE LIIOUR Of INJURY w...o.• •.•...V• NO.NINA"'OCCURRED ...•••...wt e•....••••....••s..•.•.. [ ...
r a r.
,1 :.• 70.. 24, H. ]AA.
=:y j "'MAY Al ROTE PLACE or IMIVAT,•...r•••....T•[I• LOCATION •.•e[a •_ .,.. [- -e.•o-. a-.•a- ..-.-..-.•••• •••• i
I1.702. TO.. 701. •;
`o CER TI.ICA'N0N-PHYSICIAN /5 ,..--;:"•-•1
.. • ' if •. 4'r✓�%-'ti •-,../.,6_1.L_• ,_.-7•7-- ••,
.•ra••ocs..T e : .ea••e. ..rw e., • s. r,.••..•'.e•V+• r•....._.e.,. .. T -,
_ r,-ea. 9:50 p......•...a •A, —.. ,[e... ....
':i CFRTI•TICAT,DN-CORONER R. ,s -I • +.••a-w• ' IF!DECEDENT wA1►R0IIDUN U DEAD •••-+•. .•• .[•• •„ •
„ CERTIFIER-SI•NATVRE DATE SIGNED _
...... ....
tc; no /i!` ^—.-.%7J _4�// f // 7 Dec. 28, 1972
;I} CE P.IIFTER-::. C i...A ._,-• NAILIIIC ADDRESS ••-cc-a •,,F.-.F. ....*A•ew•. .•.•t ... • i,:'
'.•— „Donn .I. Barber MOD. „2 2020-16 Sc., Greeley, Colored:, ,
•;. DURIAL.CREMA710N./.EMOVAL I� i CEMETERY OR CRE-A TORT.lure LDCATloE e. o u. Burial 2...Eaton Cemetery - s:?
II.. Eaton Colorado
(` = DATE r._`w' • FUNERAL HD&E_DAME AND ADDRESS •••••.. . .•S ..L r•• I tT:
TI.I. Dec. 28/// 972' :s.. , Adamson Mortuary 827-5 R.
eGreeley Colorado —i
?•.! w FUNERAL,DIR!C7'OP- NA ORE LICENSE 110. P.EGIS(RAR-SIGN+TV • DACE RECEITED TIT LOCAL RFCIETRAR ;S
O J/ `!/,J/ , /.:,..,
I'': - ... k/ ^/ 7,4
O/ 9•-e/73 2L� �f; �,{ J �1. Deput_ January 4. 1973
J
•:I I HERCDY CERTIFY THAT THE INFORMATION SET FORTH ABOVE WAS CORRECTLY COPIED FROM THE RECORD OF OEA-H IN >'
.~I TIY CUSTODY AS REOUI RED RY LAW. -
I11 TNESS MY HAND AHD SEAL
`i ,,,,,,,SSTIIIII,,,,,,r
_I „Ls` iteBR Pi), TIlls 25th DAY OF November , i 75
-.ti ``ttO`: YALIO W7F.pu7 . ,ti,,
(Flt `QLdGAL RtITSTRAF•+s �j/F'7.,�•- • `� t � Deputy
J S li!/` LOCAL RECI STRAR or v VITAL STATISTICS
V
O ,�
. 4 ; RE G,STRATI ON DISTRICT NUMBER 238 Ie•,.
:TI-
•��� A ''a•:.,•iR;�y• ,A Greeley , GE1L: 7 IkAD �
rr CL , •
.•i.
COLORADO DEP ARTM_4-0 a*TIEALTH
V' AD RS See (Pcv. 2-eg-1DD)
▪ P';):�'h 6 :5�" :f ' O t s z r . _/ X30 ";`
• 5OOK 'tin
267Fs3Q2.
IN THE MATTER OF TITLE TO REAL PROPERTY IN JOINT TENANCY
STATE OF COLORADD ) ss. SUPPLEMENTAL AFFIDAVIT
COUNTY OF WELD )
RALPH E. WALDO, JR., being sworn, deposes and says:
That he is of legal age and has personal knowledge of the
fact that. DOLLY E. GROVES is the same person as Dolly Elizabeth
Groves, referred to in the copy of Death Certificate certified
to by the Deputy Local Registrar of Vital Statistics, Registra-
tion District No. 238, Greeley, Colorado, on November 25, 1975,
and was at the time of her death on December 24, 1972, the owner
in joint tenancy with Marjorie Jean Dillard, also known as M.
Jean Dillard, of the real property described in release of inher-
itance tax lien of the State of Colorado, recorded on June 18,
1975 in Book 741 under Reception #1663094 of the Weld County
records, all of said real property being situate in the County of
• Weld and State of Colorado.
That the affiant has no record interest in said real property.
ThtaCii-7 -7 /
Ralph E. Waldo, JrL �
Subscribed and sworn to before me on Dece.,be, q • 19 75,
by Ralph E. Waldo, Jr.
` Notary Public
'Codmission Ewpires 1/, 3//y7
t �
�ns1
•
it
C 00
gp0 Rteorded � o'cJ k 1.._JA. U.G 2 3 i978 •
1'V64384
..TY Roc Na _
_-__...MorkAnn Fcamni4 R¢ordn
• THIS DEED, wide tnis :weary_:Uurtn ____ _- -
v u, u_ July
in the year of our Lord one thousand nine hundred and seventy-
efshr between JACM S. GROVES, whose street address
is Route 2, Box 32
.'i City or Town of
'.� Eaton County of Weld and State of Colorado, of
the first part, and MARJORIE JEAN DILLARD, whose street address
is Box 333 City or Town of Galeton
County of Weld and State of Colorado, of the second
part,
_.o WITNESSETH, That the said party of the first part, for
s and in consideration of the sum of other valuable consideration
and Ten Dollars, to the said party of the first part in hand
to to
paid by the said party of the second part, the receipt whereof id
hereby confessed and ackno::ledged, has remised, released, sold
conveyed and QUIT—CLAIMED, and by these presents does remise,
release, sell, convey and QUIT-CLAIM unto the said party of thr
second part, her heirs and assigns, forever, all the right, .
title, interest, claim and demand which the said party of the
first part has in and co the following described real property .
situate, lying and being in the County of Weld and State of
Colorado, to-wit :
Parcel No. 1 : A] ] that part of Section Twenty-Seven (27) •
Township Eight (8) North, Range Sixty-Four (64) West of the 6th
P.M. , lying North and West of State Highway No. 14, described
as follows: Beginning at a point on the South line of Section 27,
10.3 feet East of the Southwest corner; thence along the center
line of said Highway 14, North 40°28' East 5693.6 feet to the
beginning of a 2° curve to the right; thence along the 20 durve
to the right 1836.8 feet to a point on the East line of said
Section 27, 51.4 feet South of the Northeast corner; thence
Notch 51.4 feet to the Northeast corner; thence West along
the North line of said Section 27, one mile to the Northwest
corner; thence South along the West line of said Section 27,
one mile to the Southwest corner; thence East along the South
line of said Section 27, 10.3 feet to the point of beginning,
said tract containing 272.76 acres, more or less, exclusive of
highway right of way.
Parcel No. 2: All of Section Twenty-eight (28) ,
Township Eight (8) North, Range Sixty-four (64) West of the
6th P.M.
Parcel No. 3: The Southeast Quartet (SE1/4) and the
East Half (E 1/2) of the Southwest Quarter (SW 1/4) of Section
Thirty-one (31) , Township Eight (8) North, Range Sixty-Four (64)
West o_ the 6th P.M. _
Parcel No. 4: The East Half (E 1/2) of Section Thirty-
Two (32) , Township Eight (8) North, Range Sixty-Four (64) West
of the 6th P.M.
Parcel No. 5: All of Section Thirty-three (33) ,
Township Eight (8) North, Range Sixty-Tour (64) West of the
6th P.M.
Parcel No. 6: All of Section Three (3) , Township
Seven (7) North, Range Sixty-Pour (64) West of the 6th P.M.
Parcel No. 7: The Southeast Quarter (SE 1/4) and •
the Northwest Quarter (NW 1/4) of Section Four (4) , Township
Seven (7) North, Range Sixty-Pour (64) West of the 6th P.M.
• 8c0
342 176436.1
.Z J.
Pa
rcel 2o, o All of Section Five (5) Trytahi4 Caviar
(7) North, Range Sixty-Four (64) West of the 6th P.M.
Parcel No. 9: All of Section Nine (9), Township Seven
(7) North, Range Sixty-Four (64) West of the 6th P.M.
Parcel No. 10: The North Ralf (N 1/2) and the Southeast
Quarter (SE 1/4) of Section Ten (10) , Township Seven (7) North,
Range Sixty-Four (64) West of the 6th P.1 .
Parcel No. 11: The Southwest Quartet (SW 1/4) of
Section Thirty-Four (34) , Township Eight (8) North, Range
Sixty-Four (64) West of the 6th P.H.
Parcel No. 12: The Northwest Quarter (NW1/4) of Section
Sixteen (16), Township Seven (7) North, Range Sixty-four (64) West
of the 6th P.M.
EXCEPT RESERVING TO THE GRANTOR ANY AND ALL OIL, GAS AND OTHER
MINERALS IN AND UNDER THE ABOVE-DESCRIBED PROPERTY.
TO HAVE AND TO HOLD THE SAME, Together with all the
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 parties
of the first part, either in law or equity, to the only proper
use, benefit and behoof of the said party of the second pert,,
her heirs and assigns, forever.
IN WITNESS WHEREOF, The said party of the first part
has hereunto set his hand and seal the day and year first above
• written.
•
J 7, B. GRO 'ES
STATE OF COLORADO ) ss.
COUNTY OF WELD
The foregoing instrument was acknowledged before me
S,-nh p q y day of` , 1978 by Jack B. Groves.
r P, � _ Witness my hand and official seal.
-'t 'J: My commission expires:7_I 1 rn�
• II ;_ � '98f pin W.
Expires
Notary Public
' "..SAC'E OF COLORADO ) ss.
COUNTY OF WELD
I hereby consent to the above conveyance as Jack B.
Grove's wife.
Beverly Groves
The foregoing consent was acknowledged before me
this 74 day of .3 0 fy , 1978, by Beverly R.
S.
r y,es, wife of Jack B. Groves.
.��'_. Witness my hand and official seal.
Fr ` (•p}, My commission expires:
• . .
717(f'COrmNseion Expires
d`LI:� Aprl( 7, 1980 / A
;Arc 7otery Public
2 of 2
•
Record. 2527251 B-1584 P-289 12/.31/1996 11:49A P6 1 OF 3 REC DOC
Re„Pli Weld County CD J9 Suki Tsukamoto Clerk & Recorder 16.00
QUITCLAIM DEED
THIS DEED,Made this_day of December, 1996 between Marjorie Jean
Dillard,of the County of Weld, State of Colorado,grantor,
and
Dillard Family LLC,a Colorado limited liability company,whose address is 24806
Pleasant Hill Avenue,Galeton,Colorado, 80622,grantee,
WITNESSETH: That the grantor, for and in consideration of the sum of 510.00,
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 grantee,its successors and assigns,forever,all of 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:
See Exhibit A attached hereto and made a part hereof.
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 grantor,either in law
or in equity, to the only proper use,benefit and behoof of the grantee and assigns forever.
IN WITNESS WHEREOF,the grantor has executed this deed on the date set •
forth above.
0/.7
M.. ti'e Jean Dillard,-
STATE OF COLORADO
ss:
COUNTY OF WELD
f
The foregoing instrument was acknowledged before me this 3/'day of DederBbeGcA,E,el•
1996,by Marjorie Jean Dillard.
y Commission Expires: /5,ZL
Ell lilt IC 110! I __
EE DCHIBIT
• 1 A
Parcel No. 1: All that part , f Section Twenty-Seven (27),
Township Eight (8) North Range Sixty-F, ur (64) West of the 6th
P.M., lying North and We. t of State Highway No. 14, described
as follows: Beginning a a point on th, South Line of Section 27,
10.3 feet East of the So thwest corner; thence along the center
line of said Highway 14, North 40°28' Rost 5693.6 feet to the
beginning of a 20 curve o the right; thence along the 20 curve
to the right 1836.8 fee to a point on the East line of said
Section 27, 51.4 feet So .th of the Northeast corner; thence
North 51.4 feet to the N. rtheast corner thence West along
the North line of said Section 27, one mile to the Northwest
corner; thence South alo ,g the West lint of said Section 27,
one mile to the Southves : corner; tbenco East along the South
line of said Section 27, 10.3 feet to tie point of beginning,
said tract containing 27 :.76 acres, nor: or less, exclusive of
highway right of way.
Parcel No. 2: All of Section Twenty-eight (28) ,
Township Eight (8) North Range Sixty-four (64) West of the
6th P.M.
Parcel No. 3: The Southeast Quarter (SE1/4) and the
East Half (E 1/2) of the Southwest Quarter (SW 1/4) of Section
Thirty-one (31) , Townshiu Eight (8) North, Range Sixty-Four (64)
Weso- of the 6th P.M.
Parcel No. 4 : The East Half (E 1/2) of Section T rty-
Two (32) , Township Eight (8) North, Range Sixty-Four (64) West
of the 6th P.M.
Parcel No. 5: All of Section Thirty three (33) ,
• Township Eight (8) North, Range Sixty-Four (64) West of the
6th P.M.
Parcel No. 6: All of Section Three (3) , Township
Seven (7) North, Range Sixty-Four (64) West of the 6th P.M.
Parcel No. 7: The Southeast Quarter (SE 1/4) and
the Northwest Quarter (NW 1/4) of Section Four_(4) , Township
Seven (7) North, Range Sixty-Four (64) West of the 6th P.M.
252725] B-1584 P-289 12/37/1196 ]I:49A PG 2 ]F 1
I IOLI, iTll III l-
•
•
2527251 B-1584 P-289 12/31/1996 11:49A PG 3 OF 3
1761384
a �
Parcel No. 8: All of Section Five (5) , Township Seven
(7) North, Range Sixty-Four (64) West of the 6th P.M.
Parcel No. 9: All of Section Nine (9) , Township Seven
(7) North, Range Sixty-Four (64) West of the 6th P.M.
Parcel No- 10: The North Half (N 1/2) and the Southeast
Quarter (SE 1/4) of Section Ten (10) , Township Seven (7) North,
Range Sixty-Four (64) West of the 6th P.H.
Parcel No. 11: The Southwest Quarter (SW 1/4) of
Section Thirty-Four (34) , 'Township Eight (8) North, Range
Sixty-Four (64) West of the 6th P.N.
Parcel No. 12: The Northwest Quarter (NW1/4) of Section
Sixteen (16) , Township Seven (7) North, Range Sixty-four (64) West
of the 6th P.M.
rNCLD➢ING ANY AND ALL OIL, GAS AND OTHER
MINERALS IN AND UN➢ER THE ABOVE-DESCRIBED PROPERTY. •
LION.
•
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