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Home My WebLink About20120436.tiff I The printed portions of this form.except differentiated additions.have been apprnced by the Colorado Real Estate Commission. 2 (C[354-8-10)(Mandatory I-II) • 3 4 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR 5 OTHER COUNSEL BEFORE SIGNING. 6 7 CONTRACT TO BUY AND SELL REAL ESTATE 8 (LAND) 9 (❑ Property with No Residences) to (❑ Property with Residences-Residential Addendum Attached) II 12 Date:July 26,2011 13 14 AGREEMENT 15 1. AGREEMENT. Buyer, identified in §2.1, agrees to buy, and Seller, identified in §2.3, agrees to sell, the Property 16 described below on the terms and conditions set forth in this contract(Contract). 17 2. PARTIES AND PROPERTY. IS 2.1. Buyer. Buyer,Noble Energy. Inc., will take title to the Property described below as ❑Joint Tenants ❑ Tenants 19 In Common 0 Other 20 2.2. Assignability and Inurement. This Contract ® Shall [' Shall Not be assignable by Buyer without Seller's prior 21 written consent. Except as so restricted, this Contract shall inure to the benefit of and be binding upon the heirs, personal 22 representatives,successors and assigns of the parties. 23 2.3. Seller. Seller, Lupe Carpio, is the current owner of the Property described below. 24 2.4. Property. The Properly is the following legally described real estate in the County of Weld, Colorado: 25 26 Part of the Northwest Quarter (NW 'G), Section 26, Township 6 North, Range 64 West of the 6( P.M., containing approximately • 27 113.15 acres,as more particularly described and depicted on Exhibit A attached hereto and incorporated herein by this reference. 28 29 30 31 known as No. 32 Street Address City State Zip 33 together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto, and all interest of 34 Seller in vacated streets and alleys adjacent thereto,except as herein excluded(Property). 35 2.5. Inclusions. The Purchase Price includes the following items(Inclusions): 36 2.5.1. Fixtures. All fixtures attached to the Property on the date of this Contract. 37 Other Fixtures: None. 38 39 40 If any fixtures are attached to the Property after the date of this Contract, such additional fixtures are also included in the Purchase 41 Price. 42 2.5.2. Personal Property. If on the Property whether attached or not on the date of this Contract: None. 43 44 45 Other Personal Property: Present North Weld County Water District Water Tap. 46 47 48 The Personal Property to be conveyed at Closing shall be conveyed by Seller free and clear of all taxes (except 49 personal property taxes for the year of Closing), liens and encumbrances,except None.Convepmlce shall be by bill of sale or other 50 applicable legal instrument. 51 2.5.3. Trade Fixtures. With respect to trade fixtures, Seller and Buyer agree as follows: None. 52 i3 • 2012-0436 No.L1154-x-III. CUN7RACTTU IH'1.AND SELL REAL ESTATE(LAND) rage 1 of 16 • RECEIVED DEC 122011 Weld County Planning Department GREELEY OFFICE • • 54 The Trade Fixtures to be conveyed at Closing shall be conveyed by Seller free and clear of all taxes (except personal 55 property taxes for the year of Closing), liens and encumbrances, except None. Conveyance shall be by bill of sale or other lip56 applicable legal instrument. 57 25.4. Water Rights,Water and Sewer Taps. The following legally described water rights: 58 Four (4) shares of the Capital Stock of the New Cache La Poudre Irrigating Company, together with lateral and ditch rights for 59 delivery of irrigation water. 60 61 Any water rights shall be conveyed by ® Water Certificate, Assignment and Bill of Sale or Deed, as reasonably 62 requested approved by New Cache La Poudre Irrigating Company ❑Other applicable legal instrument. 63 2.5.4.1. If any water well is to be transferred to Buyer, Seller agrees to supply required information about 64 such well to Buyer. Buyer understands that if the well to be transferred is a Small Capacity Well or a Domestic Exempt Water 65 Well used for ordinary household purposes, Buyer shall,prior to or at Closing,complete a Change in Ownership form for the well. 66 If an existing well has not been registered with the Colorado Division of Water Resources in the Department of Natural Resources 67 (Division), Buyer shall complete a registration of existing well form for the well and pay the cost of registration. If no person will 68 be providing a closing service in connection with the transaction, Buyer shall file the form with the Division within sixty days after 69 Closing.The Well Permit g is N/A. 70 2.5.4.2. ® Water Stock Certificates: 4 shares of the New Cache La Poudre Irrigating Company. 71 72 73 2.5.4.3. ®Water Tap ❑ Sewer Tap 74 Note: Buyer is advised to obtain, from the provider, written confirmation of the amount remaining to be paid,if any, time 75 and other restrictions for transfer and use of the tap. 76 2.5.5. Crowing Crops. With respect to growing crops,Seller and Buyer agree as follows:None. 77 78 79 2.6. Exclusions. The following items are excluded(Exclusions): None. 80 81 82 3. DATES AND DEADLINES. • Item No. Reference Event Date or Deadline I §4.2.1 Alternative Earnest Money Deadline N/A Title and CIC 2 §7.1 Title Deadline August 26.201 1 _ 3 § 7.2 Exceptions Request Deadline August 30,2011 4 § 8.1 Title Objection Deadline August 30,2011 5 § 8.2 Off-Record Matters Deadline 2011 - -- August 30, 6 § 82 Off-Record Matters Objection Deadline August 30,2011 7 § 7.4.4.1 CIC Documents Deadline N/A 8 § 7.4.5 CIC Documents Objection Deadline N/A 9 § 8.6 Right of First Refusal Deadline N/A Seller's Property Disclosure 10 § 10.1 Seller's Property Disclosure Deadline _ August 26.201 I Loan and Credit II _ § 5.1 Loan Application Deadline N/A 13 § 5.2 Loan Conditions Deadline N/A 13 §5.3 Buyer's Credit Information Deadline N/A 14 § 5.3 Disapproval of Buyer's Credit Information Deadline N/A IS § 5.4 Existing Loan Documents Deadline N/A 16 § 5.4 Existing Loan Documents Objection Deadline N/A 17 § 5.4 Loan Transfer Approval Deadline N/A Appraisal 18 § 6.2.2 Appraisal Deadline _ N/A 19 § 6.2.2 Appraisal Objection Deadline N/A Survey• Survey _ 2D $ 7.3 Deadline N/A so.('1154-8-10. CONTRACT T(1 IR'1'AND 5E1.1.REAI.F:SIAI'F.(L-AND) Page 2 of 16 2 I § 8.32 Survey Objection Deadline -. I.N/A -.- Inspection and Due Diligence 22 § 10.7 Inspection Objection Deadline See Paragraph 29,Additional • Provisions 73 § 109 Inspection Resolution Deadline See Paragraph 29,Additional Provisions 24 § 10.5 Property Insurance Objection Deadline N/A 75 § 10.6 Environmental Inspection Objection Deadline October 15,2011 76 § 10.6 ADA Evaluation Objection Deadline N/A 27 § 10.7 Due Diligence Documents Delivery Deadline August 26.2011 28 § 10.8.1 Due Diligence Documents Objection Deadline See Paragraph 29,Additional Provisions 39 § I I2 Tenant Estoppel Statements Deadline N/A 30 § 11.3 Tenant Estoppel Statements Objection Deadline N/A Closing and Possession 31 § 12.3 Closing Date See Paragraph 29,Additional Provisions 32 § 12.1 Closing Documents Delivery Deadline two(2)Business Days prior to Closing Date 33 § 17 Possession Dale Closing Date 34 § 17 Possession Time At Closing 35 I §28 Acceptance Deadline Date July 28,2011 36 §28 Acceptance Deadline Time 5:00 pm 83 84 Note: Applicability of Terms. A check or similar mark in a box means that such provision is applicable.The abbreviation"N/A" 85 or the word "Deleted"' means not applicable and when inserted on any line in Dates and Deadlines (§ 3), means that the 86 corresponding provision of the Contract to which reference is made is deleted. The abbreviation "MEC" (mutual execution of this 87 Contract)means the date upon which both parties have signed this Contract. 38 4. PURCHASE PRICE AND TERMS. 89 4.1. Price and Terms. The Purchase Price set forth below shall be payable in U.S. Dollars by Buyer as follows: Item No. Reference 1 Item Amount Amount 1 §4.1 j Purchase Price S IIIIMMI 2 §42 I Earnest Money S MS 3 §4.5 1 New Loan 4 §4.6 Assumption Balance 5 §4.7 Seller or Private Financing 6 --- 7 8 §4.3 Cash tClosing 9 TOTAL S S 90 91 4.2. Earnest Money. The Earnest Money set forth in this section, in the form of Check,shall be payable to and held by 92 Heritage Title Co. (Earnest Money Holder), in its trust account, on behalf of both Seller and Buyer. The Earnest Money deposit 93 shall be tendered with this Contract unless the parties mutually agree to an Alternative Earnest Money Deadline (§ 3) for its 94 payment. If Earnest Money Ilolder is other than the Brokerage Finn identified in § 32 or § 33, Closing Instructions signed by 95 Buyer, Seller and Earnest Money Holder must he obtained on or before delivery of Earnest Money to Earnest Money I(older. The 96 parties authorize delivery of the Earnest Money deposit to the company conducting the Closing (Closing Company), if any, at or 97 before Closing. In the event Earnest Money Holder has agreed to have interest on Earnest Money deposits transferred to a fund 93 established for the purpose of providing affordable horsing to Colorado residents. Seller and Buyer acknowledge and agree that 99 any interest accruing on the Earnest Money deposited kith the Earnest Money Holder in this transaction shall be transferred to 10u such fund_ 101 4.2.1. Alternative Earnest Money Deadline. The deadline for delivering the Earnest Nlone . if other than at the 102 time of tender of the Contract is as set firth as the Alternative Earnest Money Deadline(§3). Vu.( ttS4-8-tll. ('OAllt:ACI TO ItI'1. VAtr SEM 1:1:k1 ES ESrst't:(IAA )I I'agc 3ur 16 103 4.2.2. Return of Earnest Money. If Buyer has a right to terminate this Contract and timely terminates, Buyer 104 shall be entitled to the return of Earnest Money as provided in this Contract. If this Contract is terminated as set forth in §25 and, 0 105 except as provided in §24, if the Earnest Money has not already been returned following receipt of a Notice to Terminate or other 106 written notice of termination, Seller agrees to execute and return to Buyer or Broker working with Buyer, written mutual 107 instructions,i.e., Earnest Money Release form,within three days of Seller's receipt olsuch form. 108 4.3. Form of Funds;Time of Payment; Funds Available. 109 4.3.1. Good Funds. All amounts payable by the parties at Closing, including any loan proceeds,Cash at Closing 110 and closing costs, shall be in funds that comply with all applicable Colorado laws. including electronic transfer funds, certified 11 I check,savings and loan teller's check and cashier's check(Good Funds). 112 4.3.2. Available Funds. All funds required to be paid at Closing. or as otherwise agreed in writing between the 113 parties shall be timely paid to allow disbursement by Closing Company at Closing OR SUCH PARTY SHALL BE IN 114 DEFAULT. Buyer represents that Buyer,as of the date of this Contract, ® Does ❑ Does Not have funds that are immediately 115 verifiable and available in an amount not less than the amount stated as Cash at Closing in §4.1. 116 1.4. Seller Concession. Seller-rat Closin --shall-pay or credit,as directed by Buyer,an-amount of S to 117 assist-with-Buyers-closing eeosts.--eller Concession).Seller Concession is in addition to any sum Seller has agreed to pay or credit 118 Buyer elsewhere in this Contract. Seller Concession-shall be reduced to the extent-it-exceeds-the aggregate-of-what-is-aliewed-by 119 Buyer's lender, but in no event shall Seller pay or credit an-amount for Seller Concession that exceeds the lesser of(I)the stated 120 amount for-Seller Concession-or-(2-)44uyer=s closing costs- 121 .--4,5, -Nevn• Loans 122 1.5.1. Buyer to Pay Loan-Costs. Buyer,except as provided-in § 4.4, if applicable,shall-timely pay Buyers-lean 123 ensts,can-diseount points prepaid-itenis-and-lean-origination tees,as required by lender, 124 -15,2. Bayer May Select-Firm-tieing. Buyer may select finan jg appropriate-and acceptable-to-Buyer,including-a 125 di rent loan-than-initially sought,except as restricted in ;29,Additional Provisions. 126 — .6, Assumpt-ionf3uycr agrees-to-assume-and-pay an existing loan in-the approximate amount of the Assumption 127 Balance set forth-in 3 4.1,presently pays including principal and interest 121 presently at the rate of %per annum-rand-also-hie-lading escrow for the following as indicated: ❑ Real4;stete Taxes 129 ❑Property Insnra-nee--lzremiun+-and ❑ . 130 Buyer agrees to pay-a-4oan transfer fee not to exceed$ . At the-time-of assamptien -the-new-interest ate--shall 131 not exeeed_ %per nn m++u-and-the new payment shall-not exceed$ per principal and 132 4+teresti plus eserew;+l any-1f—the—actual—principal balance of the existing-loan-at:Closing is less than the Assumption Balance, 0 133 which causes the-amount of cash required from-Boyer at Closing to be increased by more-than S ;-then-ID—Buyer 134 Mw-Terminate this Contract effective upon-receipt by Seller-of43uyer's written-notice to terminate or❑ • 135 —feller ❑ Shall ❑ Shall- ;of be-released-fromAiabilily on said loan. If applicable, compliance with the requirements for 136 release-from liability shall be evidenced by-delivery ❑ on-or-before Loan-gFansfec-A-pproval-Deadline- ❑ at-Closing of an 137 appropriate letter of commitment-from lender. Any cost payable-ten--elease of liability-shall-be-paid by 138 in an amount not to-exceed S 139 4.7. Seller-or Private Financing. Buyer agrees to execute a promissoiv-note payable to 140 as ❑Joint Tenants ❑Teaantsln-Qom-mon ❑Other ,_on-the note form as indicated: 1.11 ❑(Default-Rate)NTDS 110 06 ❑Other -• secured by a 142 (4-st,2nd,ete+deed of trust encumbering the Property using the form indicated: 143 ❑ Due on-Transfer St-r-let(TD72 S 10) ❑ Due-on—Transfer Creditworthy(TD73 S 10) ❑ Assumable Not Due-on 1-I-1 Transfer(TD7-1 S 10) ❑O1-her 145 The-promissory-note-shall be amortized on-the basis of ❑ TD❑Months,payable-atS- per 1.16 ine1adina-principal and-interest at-the rate of %per annutm Pnytme is shall commence I-17 and-shall be due on the day of each succeeding ._-If not-sooner paid, the 148 balance of principal and accrued-intecest-shall be due-and-payable after Closing. Payments ❑ Shall O Shall--Not—be 149 increased b ...._..._of estimated annual-real estate taxes-and ❑Shall ❑Shall Not be increased by 150 of estimated annual property irnsurauce-prenuiunn:l ie-loan-shall-also contain the following tern (1) if any payment is not 151 received within days-after its due date, a late-charge-el 4.of-such payment-shall be due;--(2-)-interest-on lender 152 disbursements_-under-the deed of trust shall be__ 2;)per-annum;(3)default--interest rate-shall be_ %pet ioum;(4) 153 1.3uveHuav-prepay-w-ithout-a-penaltjexcept--• —.•-- _ ; and (5)- twee ❑ Shall I54 ❑Sh+nll--Not execute and deliver,-at-Closing. a Sec-tray--Agreement-and UCC I Finanein;g S- Stateiuent-grantin-the-holder.of4Ine I55 promisor -note a (I st:2nd.etc.)lien-on the personal-property-included in this sale: 156 Buyer--D—Shall—[Shall Not-provide a mortgague's-tit le-instirance-polies,at 3nvei-s expense III No.('11S441-I O. ('ON-I'RA(•1 TO BIN AND SW.ttt::11.ESTATE(LAND) P;i_e-I of 16 157 TRANSACTION PROVISIONS • 158 S—FIN: -NC-kNC CONDITIONS AND-OI3UGAT{Oa& 159 5..l. Loan-Application lf-Buyer-is-te-pa-_>;-al}-or-part--of{}+e-Bureha•e Price by obtainiu;-one or men new leans-(New 160 Loaf)-or-if-an exi..tine-lean is no e-be-releasedat-C-losine, Buyer, if rquired by rich-lender, shall nxtk' an-applieation-veritiable 161 by-such lender,en or befog Loan-A-pplieation-Deadline(3 3)and exercise-rea enable-efforts-to obtain-soe4rloan or approval, 162 5.2. Loan-Cooc4iNens.-lf-Buyer-is-to-pay all-or-gait-of-die--frtt+c4re e Price wltts a-New-Loam-this Contraet-is-cend+tional 163 upon Bnyer-determining, in-Bayer's-sale-subjective di cretion, whether the New -Loan is at4sfaetory-to-Buyer,-ine1uding-tits 164 availability, payments;-interest rater-terms, cend+tiens, and-eest-of such-New L-Dahl—Thi condition-is--fer-the benefit-o£Buyer. If 165 .,arch-Ntw Loan is not sat-sfaete+y-to-Beyer-S eller-tnust-reeeive written notice to tuaninate from-Buyer, no later than Loan 166 Conditions-Deadline (s 3), at which time this Contract shall terminate. IF SELLL-Ii--DOES-NQT IME.L-Y—REGEF\G 167 WRITTEN NOT4CE TO-TERNIIN.ATErTH -S CONDITION-SMALL BEDEGM-EN WAIVED, AN'D-f3U-Y-ERIS-€ARNEST 162 MONEY SHALL RE-NONRE-EUND1IILE,EX6EPT-AS OTHER-WISE-PROVIDE-INN-THIS CONTRACT(e.g., Appraisal, 169 Tito. Survey). 170 53: Credit-Information--and-Buyer's New Senior-Loan. If Buyer is to--pay all-er-p3rt of the-Purchase Price-by 171 executing a promis en=note-in favor of-Se#er,or if ao-esistin2--loan is not40-be-relea cd at Closing, this Contraet-as-eonditional 172 (-fe+-the-benefit of Seller)-open Seller's approval of Buyer's financial ability-and-creditworthiness, whiel+-approval-shall-be-at 173 Seller's-sole-subjective di cretion. In such ca/v: (I) Buyer shall supply to Se-113r by Buyer's Credit-In-fermntien Deadline(§ 3), 174 at-Buyer's expense, in-foreatie+rand-death+Bents{ineluding-a c-nrrent-credit-reportyco+teernine-Buyer= fmaneial,employment and 175 e-redit-eendition and-°o-New Senior Loan, deBnedbelow, if any: (2)Buyer con eats that-Seller may verify Buyer's-financial 176 ability and creditworthiness; (3)any such inter+nation-and-deetnuents received-by-SeNtr shall be held-by Seller in confidence, and 177 not released-to other except-to-protect Seller's-interestin-this-transaetion; ancl-(4)-in-t+e evutt-Buyer is to exee-t+tea-promis..ory 178 not e 'b_, a-cleed-of tru t in favor of-5e41e�,�, ,'act is conditie{tel-ffectlhe-bent-nf-Selier}t+pen-Seller's approval-of 179 the-4erars--and-eenditions-of-any New Leat-te-be-obtained by Buyer if the-deed- Ltrust-to Seller-isle-be-suberdinate to Buyer=s ISO New Lean (Buyer's Nat enior-Loan). Addit nal l Sel lemshall-have-tlrt 4 ht-to-teretinate-at or before-C-losing, if the Ca.,b-at 181 Closing is less than-as-set forth in §1.1 of this Contract-or Buyer's New Senior-Lean changes-from-that-approved-by Seller-f 182 Seller does-hot-dellyer-written-notice-to-termnate to Bayer-based-on Seller's dkappr-oval-of-Btwe+'s financial-ability-and 183 creditworthiness omat-Buyer's New Senior-Loan-by-Disapproval-of-Buyer's-Credit-Information-Dendliti 3), then-Seller 184 {+gives-t)econditions set-forth-in-t+issection-asto-Bayer's New Senior-Loan as-suppliedto-Seller. If Seller-delvers-written-notice • 185 Io-ternaaate4o-Ruyeetuotytmbefore-Disrtppreval-o1-3o-yer's Credit-La-form (5 3).this-Contract start-tern+intte, 186 5.4 Eadst ng-Loan-Review--lfan esisu+w-loam-is-not-o-bc released-a-Nosing-SeNerd+aid-cle-h- e eoples- f-the loan 187 daeumeots -ineladiug note-deed-of trust-andany ntedi-ieations)-te-Buyer rfrtistine Loan-Doeinetrts-Deadline 3). Forthe 188 benefit-of-Buyer4his-Contract-is-eonclitioital upon-Buyer's rev-itw and approval-of tie-provisions-ef-seat-loan-doe-u+vents, in 189 Buy Cs-sole-subjective di cretieit-lfi-critte+rnet-ice to ter ninate-basetl-en-t yer's-objectionto-sucb-luctn-doctnnents is not received 190 by-Seller by Existing-Loan-Documents-Objeetion-Deadline . '`�, 3uyerac-eepts the-terns and conditionsrot=tte-documents-lf 191 the-lenders approval-of a-transfer of-the-Property-i- requirer his Contract is comlitienalupon_Buyens-ebtainirtvg-suc4rapproval 192 without change-in -terms-of-s„ch loan-eteept as-set-font-io--s'-4,6-11-lender approval-is-tot-obained-4tv-Lotut-T-rvtnsfer 193 Approval-Deadline-(-§-4),), this Contract ball t ro)-inate-on-such-deadline. Id'-Seller-is-to be-released-from liability-under-such 194 existing-loao-and-Buyerucdoesrot-obtainsuch-compliance as-set-forth in S 1.4r,Ntis-Ce+rtraet-nta_v-be-tererinat d-at-Seller' -option- 195 6. APPRAISAL PROVISIONS. 196 6.1. Property Approval. if the lender imposes any requirements or repairs (Requirements) to be made to the Properly 197 (e.g., roof repair, repainting), beyond those maters already agreed to by Seller in this Contract, Seller may terminate this Contract 198 (notwithstanding § 10 of this Contract) by delivering written notice to terminate to Buyer on or before three days following 199 Seller's receipt of the Requirements. Seller's right to terminate in this §6.1 shall not apply if on or before any termination by 200 Seller pursuant to this §6.1: (I)the parties enter into a written agreement regarding the Requirements; or(2) the Requirements are 201 completed by Seller:or(3)the satisfaction of the Requirements is waived in writing by Buyer. 202 6.2. Appraisal Condition. 203 ® 6,2.1. Not Applicable. "[his § 6.2 shall not apply. 20.1 ❑ 6.2.2. Conventional/Other. Buyer shall have the sole option and election to terminate this Contract if the 205 Purchase Price exceeds the Property's valuation determined by an appraiser engaged by 306 The appraisal shall be received by Buyer or Buyer's lender on or before Appraisal Deadline(§3). This Contract shall terminate 307 by Buyer delivering to Seller written notice to terminate and either a copy of such appraisal or oritter] notice front lender that 208 confirms the Property's valuation is less than the Purchase Price, received by Seller on or before Appraisal Objection Deadline 309 (g 3). If Seller does not receive Buyer's written notice to terminate on or before Appraisal Objection Deadline (§ 3). Boyer 210 waives any right to terminate under this section. 211 6.3. Cost of Appraisal. Cost of any appraisal to be obtained after the date of this Contract shall be timely paid by • 212 ❑ Buyer ❑ Seller. . .(ItSJ-8-III. ('OS7ltxrt TO IitV.5\I)Srl.l.REAI.ES!VI T:II.A\Dr Pages of 16 213 7. EVIDENCE OF TITLE,SURVEY AND CIC DOCUMENTS. 214 7.1. Evidence of Title. On or before Title Deadline (§ 3), Seller shall cause to he furnished to Buyer, at Seller's 215 expense,a current commitment for owner's title insurance policy(Title Commitment) in an amount equal to the Purchase Price, or 216 if this box is checked, ❑ An Abstract of title certified to a current date. If title insurance is furnished, Seller shall also deliver to 217 Buyer copies of any abstracts of title covering all or any portion of the Property (Abstract) in Seller's possession. At Seller's 218 expense, Seller shall cause the title insurance policy to be issued and delivered to Buyer as soon as practicable at or after Closing. 219 The title insurance commitment ® Shall ❑ Shall Not commit to delete or insure over the standard exceptions which relate to: 220 (I) putie in possession, (2) unrecorded-easements, (3) eurvey matters, (4) any unrecorded mechanics' liens, (5) gap period 221 (effective date of commitment to date deed is recorded), and (6) unpaid taxes, assessments and unredeemed tax sales prior to the 222 year of Closing. Any additional premium expense to obtain this additional coverage shall be paid by ❑ Buyer ®Seller. 223 Note: The title insurance company may not agree to delete or insure over any or all of the standard exceptions. Buyer shall have 224 the right to review the Title Commitment, its provisions and Title Documents (defined in § 7.2), and if not satisfactory to Buyer, 225 Buyer may exercise Buyer's rights pursuant to§ 8.1. 226 7.2. Copies of Exceptions. On or before Title Deadline (§ 3), Seller, at Seller's expense, shall furnish to Buyer and 227 Parker L. Co. Real Estate & Auctioneers. 1001 0. Street. Greeley, CO 80631, (I) copies of any plats, declarations, covenants, 228 conditions and restrictions burdening the Property, and (2) if a Title Commitment is required to be furnished, and if this box is 229 checked ❑ Copies of any Other Documents (or if illegible, summaries of such documents) listed in the schedule of exceptions 230 (Exceptions). Even if the box is not checked, Seller shall have the obligation to furnish these documents pursuant to this section if 231 requested by Buyer any time on or before Exceptions Request Deadline (§3). This requirement shall pertain only to documents 232 as shown of record in the office of the clerk and recorder in the county where the Property is located. The abstract or Title 233 Commitment, together with any copies or summaries of such documents furnished pursuant to this section, constitute the title 23-4 documents(collectively,Title Documents). 235 7-3. Survey. Onror-befere-Surveg-Deadline(s 3), ❑ Seller-1 Buyer hall-enter or provide;and-eauseBuyer(and-the 236 issue -that-4e-Cemr»It+ael eethe-provider-ef the opinion-of title if an-abstract)to receive,a current-❑-hrrrprovenrent Survey 237 P-lets-Improvement-Location-Gerd-ineate O - — (the-description checked-is-Id-lawn 23S as-Survey)-An-amount-not-to exce:,e4 S for-Survey shall-be-paid-by-❑-Buyer ❑ Seller—lfthe-cost-exceeds-this 239 amount Buyet—Z-Seller-shall-pay the excess-on-errbefore-C-Iesitt_. Buyer shafl-not be obligated-to-ply the excess unless 2-It) Buyer-is-informed-of--tole cost-and dcliv rs-tt—.Sellerrbefi re&rvey-is-ordered-Buyer's-written-agreetient to pay the required 241 nniom9t-tu-be-paid4y-Uuye 242 7.4. Common Interest Community Documents. The term CIC Documents consists of all owners' associations Ill213 (Association) declarations, bylaws, operating agreements, rules and regulations, party wall agreements, minutes of most recent 244 annual owners' meeting and minutes of any- directors' or managers' meetings during the six-month period immediately preceding 245 the date of this Contract, if any (Governing Documents), most recent financial documents consisting of(I)annual balance sheet. 246 (2) annual income and expenditures statement, and (3) annual budget (Financial Documents), if any (collectively, CIC 247 Documents). 248 ® 7.4.1. Not Applicable This § 7.4 shall not apply. 249 7.4.2. Common Interest Community Disclosure. THE PROPERTY IS LOCATED WITHIN A COMMON 250 INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR SUCH COMMUNITY. THE OWNER 251 OF THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNER'S ASSOCIATION FOR THE 252 COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE 253 ASSOCIATION. TIIE DECLARATION, BYLAWS, AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL 254 OBLIGATIONS UPON THE OWNER OF THE PROPERTY, INCLUDING AN OBLIGATION TO PAY 255 ASSESSMENTS OF THE ASSOCIATION. IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, THE 256 ASSOCIATION COULD PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT. THE 257 DECLARATION, BYLAWS, AND RULES ANI) REGULATIONS OF THE COMMUNITY MAY PROHIBIT TIIE 258 OWNER FROM MAKING CHANGES TO THE PROPERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE 259 ASSOCIATION (OR A COMMITTEE OF THE ASSOCIATION) AND THE APPROVAL OF THE ASSOCIATION. 260 PURCHASERS OF PROPERTY WITHIN THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE THE 261 FINANCIAL OBLIGATIONS OF MEMBERS OF THE ASSOCIATION. PURCHASERS SHOULD CAREFULLY 262 READ THE DECLARATION FOR TIIE COMMUNITY AND THE BYLAW'S AND RULES AND REGULATIONS OF 263 THE ASSOCIATION. 26-4 ❑ 7.4.3. Not Conditional on Review. Buyer acknowledges that Buyer has received a copy of the CIC Documents. 265 Buyer has reviewed them, agrees to accept the benefits, obligations and restrictions that they impose upon the Property and its 266 owners and waives any-right to terminate this Contract due to such documents, notwithstanding the provisions of§ 8.5. 267 7.4.4. CIC Documents to Buyer. 2268 ❑ 7.4.4.1. Seller to Provide CIC Documents. Seller shall cause the CIC Documents to be provided to 269 Buyer. at Seller's expense, on or before CIC Documents Deadline(§3). 170 ❑ 7.4.4.2. Seller Authorizes Association. Seller authorizes the Association to provide the CIC Documents to 271 Buyer,at Seller's expense. Su.<ltS4-s-Iii. c7)A rtt t( i to lit AND SELL REat.ESI.ATE 1tASDI Page 6 of 16 • 272 7.4.4.3. Seller's Obligation. Seller's obligation to provide the CIC Documents shall be fulfilled upon 273 Buyer's receipt of the CIC Documents,regardless of who provides such documents. 274 7.4.5. Conditional on Buyer's Review. If the box in either§ 7.4.4.1 or§7.4.42 is checked, the provisions of this 275 § 7.4.5 shall apply. In the event of any unsatisfactory provision in any of the CIC Documents, in Buyer's sole subjective discretion.. 276 and written notice to terminate by Buyer, or on behalf of Buyer, is delivered to Seller on or before CIC Documents Objection 277 Deadline (§3), this Contract shall terminate. If Seller does not receive Buyer's written notice to terminate on or before CIC 278 Documents Objection Deadline(§3),Buyer accepts the CIC Documents and waives the right to terminate for that reason. 279 Should Buyer receive the CIC Documents after CIC Documents Deadline (§ 3), Buyer shall have the right, at 280 Buyer's option, to terminate this Contract by written notice to terminate delivered to Seller on or before ten days after Buyer's 281 receipt of the CIC Documents. If Buyer does not receive the CIC Documents, or if such written notice to terminate would 282 otherwise be required to be delivered after Closing Date(§ 3), Buyer's written notice to terminate shall be received by Seller on or 283 before three days prior to Closing Date (§ 3). If Seller does not receive Buyer's written notice to terminate within such time, 284 Buyer accepts the provisions of the CIC Documents,and Buyer's right to terminate this Contract pursuant to this section is waived, 285 notwithstanding the provisions of§ 8.5. 286 Note: If no box in this § 7.4 is checked, the provisions of§ 7.4.4.1 shall apply. 287 8. TITLE AND SURVEY REVIEW. 288 8.1. Title Review. Buyer shall have the right to review the Title Documents. Buyer shall provide written notice to 289 terminate based on unmerchantability of title, unsatisfactory form or content of Title Commitment,or,notwithstanding§ 13 of any 290 other unsatisfactory title condition, in Buyer's sole and subjective discretion, shown by the Title Documents (Notice of Title 291 Objection). Such Notice of Title Objection shall be delivered by or on behalf of Buyer and received by Seller on or before Title 292 Objection Deadline(§3),provided such Title Documents are received by Buyer in a timely manner. If there is an endorsement to 293 the Title Commitment that adds a new Exception to title, a copy of the new Exception to title and the modified Title Commitment 291 shall be delivered to Buyer. Provided however, Buyer shall have five days to deliver the Notice of Title Objection after receipt by 295 Buyer of the following documents: (1) any required Title Document not timely received by Buyer, (2) any change to the Title 296 Documents, or (3) endorsement to the Title Commitment. If Seller does not receive Buyer's Notice of Title Objection by the 297 applicable deadline specified above, Buyer accepts the condition of title as disclosed by the Title Documents as satisfactory, 298 8.2. Matters Not Shown by the Public Records. Seller shall deliver to Buyer, on or before Off-Record Matters 299 Deadline(§ 3)true copies of all leases and surveys in Seller's possession pertaining to the Property and shall disclose to Buyer all 300 easements, liens(including, without limitation, governmental improvements approved, but not yet installed) or other title matters 301 (including. without limitation, rights of first refusal and options) not shown by the public records of which Seller has actual 302 knowledge. Buyer shall have the right to inspect the Property to investigate if any third party has any right in the Property not 303 shown by the public records (such as an unrecorded easement, unrecorded lease, boundary line discrepancy or water rights). 304 Written notice to terminate based on any unsatisfactory condition (whether disclosed by Seller or revealed by such inspection. 305 notwithstanding § 13), in Buyer's sole subjective discretion,by or on behalf of Buyer shall be delivered to Seller on or before Off- 306 Record Matters Objection Deadline(§3). If Seller does not receive Buyer's written notice to terminate on or before Off-Record 307 Matters Objection Deadline (§ 3), Buyer accepts title subject to such rights, if any, of third parties of which Buyer has actual 3(18 knowledge. 309 8.3. Survey Review. 310 ® 8.3.1. Not Applicable. This § 8.3 shall not apply. 311 ❑ 8.3.2. Conditional on Sur%cy. If the box in this § 8.3.2 is checked, Buyer shall have the right to review the 312 Survey. If written notice to terminate by or on behalf of Buyer based on any unsatisfactory condition, in Buyer's sole subjective 313 discretion, shown by the Survey, notwithstanding § 8.2 or§ 13, is received by Seller on or before Survey Objection Deadline 311 (§3).this Contract shall terminate. If Seller does not receive Buyer's written notice to terminate by Survey Objection Deadline 315 (§3),Buyer accepts the Survey as satisfactory. 316 8.4. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION 317 INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE 318 PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK 319 FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE 320 CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCII A DISTRICT TO DISCHARGE SUCII 321 INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYERS SHOULD INVESTIGATE THE 322 SPECIAL TAXING DISTRICTS IN WIIICII TIIE PROPERTY IS LOCATED BY CONTACTING THE COUNTY 333 TREASURER, BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY, AND BY OBTAINING 324 FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND 325 RECORDER,OR THE COUNTY ASSESSOR. 326 in the event the Property is located within a special taxing district and Buyer desires to terminate this Contract as the effect of 3_17 the special taxing district is unsatisfactory, in Buyers sole subjective discretion, if written notice to terminate, by or on behalf of 328 Buyer, is received by Seller on or before Off-Record Matters Objection Deadline (§ 3). this Contract shall terminate_ If Seller No.Cl61-S-III. (UVrR1('I 10 III I':UU sni.I.Itt:.AI.1:81 s 11':(LAND) Pane 7nl'16 329 does not receive Buyer's )written notice to terminate on or before Off-Record Matters Objection Deadline (§ 3), Buyer accepts 330 the effect of the Property's inclusion in such special taxing district and waives the right to terminate for that reason. 331 8.5. Right to Object,Cure. Buyer's right to object shall include,but not be Iimited to, those matters set forth in §§ 8 and 332 13. If Seller receives Buyer's written notice to terminate or notice of unmerchantabilily of title or any other unsatisfactory title 333 condition or commitment terms as provided in §§ 8.1 and 8.2, Seller shall use reasonable efforts to correct said items and bear any 334 nominal expense to correct the same prior to Closing. If such unsatisfactory title condition is not corrected to Buyer's satisfaction, 335 in Buyer's sole subjective discretion. on or before Closing. this Contract shall terminate; provided, however, Buyer may. by 336 written notice received by Seller on or before Closing,waive objection to such items. 337 8.6. Right of First Refusal or Contract Approval. If there is a right of first refusal on the Property, or a right to 338 approve this Contract, Seller shall promptly submit this Contract according to the terms and conditions of such right. If the holder 339 of the right of first refusal exercises such right or the holder of a right to approve disapproves this Contract, this Contract shall 340 terminate. If the right of first refusal is waived explicitly or expires, or the Contract is approved, this Contract shall remain in full 341 force and effect. Seller shall promptly notify Buyer in writing of the foregoing. If expiration or waiver of the right of first refusal 342 or Contract approval has not occurred on or before Right of First Refusal Deadline(§ 3),this Contract shall terminate. 343 8.7. Title Advisory. The Title Documents affect the title, ownership and use of the Properly and should be reviewed 344 carefully. Additionally, other matters not reflected in the Title Documents may affect the title, ownership and use of the Property, 345 including without liritation, boundary lines and encroachments, area, zoning, unrecorded easements and claims of easements, 346 leases and other unrecorded agreements, and various laws and governmental regulations concerning land use, development and 347 environmental matters. The surface estate may be owned separately from the underlying mineral estate, and transfer of the 348 surface estate does not necessarily include transfer of the mineral rights or water rights.Third parties may hold interests in 349 oil, gas, other minerals, geothermal energy or water on or under the Property, which interests may give them rights to 350 enter and use the Property. Such matters may be excluded from or not covered by the title insurance policy. Buyer is advised to 351 timely consult legal counsel with respect to all such matters as there are strict time limits provided in this Contract [e.g., Title 352 Objection Deadline(§3)and Off-Record Matters Objection Deadline(§ 3)]. 353 9. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith, including but not 354 limited to exercising the rights and obligations set forth in the provisions of Financing Conditions and Obligations (§5), Title 355 and Survey Review (§ 8) and Property Disclosure- Inspection, Indemnity, Insurability, Due Diligence and Source of Water 356 (§ I D). • 357 DISCLOSURE, INSPECTION AND DUE DILIGENCE 35$ 10. PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY, DUE DILIGENCE AND SOURCE 359 OF WATER. 360 10.1. Seller's Property Disclosure Deadline. On or before Seller's Property Disclosure Deadline (§ 3), Seller agrees to 361 deliver to Buyer the most current version of the applicable Colorado Real Estate Commission's Seller's Property Disclosure form 362 completed by Seller to Seller's actual knowledge,current as of the date of this Contract. 363 10.2. Inspection Objection Deadline. Unless otherwise provided in this Contract, Buyer acknowledges that Seller is 364 conveying the Property to Buyer in an "as is'condition, "where is"and"with all faults". Seller shall disclose to Buyer. in writing, 365 any latent defects actually known by Seller. Buyer, acting in good faith, shall have the right to have inspections (by a third party, 366 personally or both) of the Property and Inclusions (Inspection), at Buyer's expense. If(I) the physical condition of the Property, 367 (2) the physical condition of the Inclusions, (3)service to the Property (including utilities and communication services), systems and 368 components of the Property,e.g. heating and plumbing,(4)any proposed or existing transportation project, road,street or highway,or 369 (5) any other activity, odor or noise (whether on or off the Property) and its effect or expected effect on the Property or its 370 occupants is unsatisfactory in Buyer's sole subjective discretion. Buyer shall, on or before Inspection Objection Deadline(§ 3): 371 10.2.1. Notice to Terminate. Notify Seller in writing that This Contract is terminated;or 372 10.2.2. Notice to Correct. Deliver to Seller a written description of any unsatisfactory physical condition which 373 Buyer requires Seller to correct. 37-1 If written notice is not received by Seller on or before Inspection Objection Deadline (§ 3), the physical condition of the 375 Property and Inclusions shall be deemed to be satisfactory to Buyer. 376 10.3. Inspection Resolution Deadline. If a Notice to Correct is received by Seller and if Buyer and Seller have not agreed 377 in writing to a settlement thereof on or before Inspection Resolution Deadline (§ 3). this Contract shall terminate on Inspection 378 Resolution Deadline (§3), unless Seller receives Buyer's written withdrawal of the Notice to Correct before such termination, 379 i.c_ on or before expiration of Inspection Resolution Deadline(§ 3). 380 10.4. Damage, Liens and Indemnity. Buyer,except as otherwise provided in this Contract, is responsible for payment for 381 all inspections, tests. surveys. engineering reports, or any other work performed at Buyer's request(Work) and shall pay for any 382 damage that occurs to the Property and Inclusions as a result of such Work. Buyer shall not permit drains or liens of any kind 383 against the Property for Work performed on the Property at Buyer's request. Buser agrees to indemnify, protect and hold Seller sp.(lDS-1-8-11). ('OAITV("I -It)ntI AND SELL REAL EST VI I.:(LAND) I'aee 8 of 16 • 381 harmless from and against any liability, damage, cost or expense incurred by Seller and caused by any such Work, claim, or lien. 385 This indemnity includes Seller's right to recover all costs and expenses incurred by Seller to defend against any such liability, 386 damage, cost or expense, or to enforce this section, including Seller's reasonable attorney fees, legal fees and expenses. The 387 provisions of this section shall survive the termination of this Contract. 388 10.5. Insurability. This Contract is conditional upon Buyer's satisfaction, in Buyer's sole subjective discretion, with the 389 availability, terms and conditions of and premium for property insurance.This Contract shall terminate upon Seller's receipt,on or 390 before Property Insurance Objection Deadline (§3), of Buyer's written notice to terminate based on such insurance being 391 unsatisfactory to Buyer. If Seller does not receive Buyer's written notice to terminate on or before Property Insurance Objection 392 Deadline(§ 3). Buyer shall have waived any right to terminate under this provision. 393 10.6. Due Diligence — Physical Inspection. Buyer's Inspection of the Property under § 10.2 shall also include, without 39-1 limitation, at Buyer's option. an inspection of the roof, walls, structural integrity of the Property, an inspection of the electrical, 395 plumbing. HVAC and other mechanical systems of the Property. If the condition of the Property'or Inclusions are not satisfactory 396 to Buyer, in Buyer's sole subjective discretion, Buyer shall, on or before Inspection Objection Deadline (§3), provide the 397 applicable written notice pursuant to § 10.2. Buyer shall also have the right to obtain environmental inspections of the Property 398 including Phase I and Phase II Environmental Site Assessments, as applicable. ❑ Seller ® Buyer shall order or provide 399 ® Phase I Environmental Site Assessment, ® Phase II Environmental Site Assessment (compliant with ASTM El 527-05 400 standard practices for Environmental Site Assessments) and/or ® such other environmental reports as reasonably required by 401 Buyer, at the expense of❑ Seller ® Buyer (Environmental Inspection). In addition, Buyer 'nay also conduct an evaluation 402 whether the Property complies with the Americans with Disabilities Act (ADA Evaluation). All such inspections and evaluations 403 shall be conducted at such times as are mutually agreeable to minimize the interruption of Seller's and any Seller's tenants' 404 business uses of the Property, if any. If Buyer is not satisfied with the results of Environmental Inspection, in Buyer's sole 405 subjective discretion, and written notice to terminate is received by Seller on or before Environmental Inspection Objection 406 Deadline (§3). this Contract shall terminate. If Buyer is not satisfied with the results of ADA Evaluation, in Buyer's sole 407 subjective discretion, and written notice to terminate is received by Seller on or before ADA Evaluation Objection Deadline 408 (§3), this Contract shall terminate. If Buyers Phase I Environmental Site Assessment recommends a Phase II Environmental Site 409 Assessment, the Environmental Inspection Objection Deadline (§ 3) shall be extended by N/A days and if such extended 410 Environmental Inspection Objection Deadline (§ 3) extends beyond the Closing Date (§ 3), the Closing Date (§3) shall be 411 extended a like period oftime, 412 10.7. Due Diligence — Documents, Seller agrees to deliver copies of the following documents and information (Due 413 Diligence Documents)to Buyer on or before Due Diligence Documents Delivery Deadline(§ 3)to the extent such Due Diligence fri414 Documents exist and are in Seller's possession: 415 10.7.1. Copies of all contracts relating to the operation, maintenance and management of the Property; 416 10.7.2. Copies of the Property tax bills for the last year; 417 10.7.3. As-built construction plans (original and subsequent construction) to the Property and the tenant 418 improvements, including architectural, electrical, mechanical, and structural systems; engineering reports; and permanent 419 Certificates of Occupancy, to the extent now available; 120 10.7.4, A list of all Inclusions to be conveyed to Buyer; 421 — t, 5,—Operat+o_-statements-fortle-past_ yearst 422 10.7.6. -A-rent-rol I accutate andfeorrect40-the date-ofthis-Contfaca; 423 —X0.7,7, True- nd-eserect copies oktll current leases-on-the-Property(-Teases),-or-other-oceupanes, greetrenls-if 424 net-detrverecl ru4#er-under-s4&?; 425 -- -10 S -A-scheclule-oEany-tat}ant-imprfwemetm-work Sefler-is-obligated-to-complete-bat ins-note-t--completed-and 426 capital-hi-trove-mew-wort;ei+herschedulecfor4n-prec.;ss once-date-el-NaisLentract4 427 10.7.9. Copies of all insurance policies pertaining to the Property and copies of any claims which have been made 428 for the past year; 429 10.7.10. Soils reports. Surveys and engineering reports or data pertaining to the Property (if not delivered earlier 4311 under§ 8.2); 431 10.7.11. Any and all existing documentation and reports regarding Phase I and II environmental reports, letters, 432 test results, advisories, and similar documents respective to the existence or nonexistence of asbestos, I'CB transformers, or other 433 toxic hazardous or contaminated substances, anchor underground storage tanks anchor radon gas. If no reports are in Seller's 434 possession or known to Seller, Seller shall warrant that no such reports are in Seller's possession or known to Seller; 435 10.7.12. Copies of ally :Iwerirans with Disabilities Act reports. studies or surveys concerning the compliance of 436 the Property with said Act; 437 10.7.13. All permits, licenses and other building or use authorizations issued by any governmental authority with -138 jurisdiction over the Property and written notices of any violations ofany such permits, licenses or use authorizations. if any;and 439 10.7.14. Other Documents: None. 440 10.S. Due Diligence Documents Conditions. This Contract is subject to and expressly conditional upon Buyer, in 4-I I Buyer's sole subjective discretion. reviewing and approving the Due Diligence Documents. Survey, leases, zoning and an) use • No.r4ts4-s-III. LON Ili utIattnv.AND SELL REAL rslv,F(LkA ll) I'xgc9orIf, • 442 restrictions imposed by any governmental agency with jurisdiction over the Property(Zoning). Buyer shall also have the unilateral 443 right to waive any condition herein. • 444 10.8.1. Due Diligence Documents. If Buyer is not satisfied with the results of Buyer's review of the Due Diligence 445 Documents and written notice to terminate is received by Seller on or before Due Diligence Documents Objection Deadline 436 (§ 3),this Contract shall terminate. 447 10.8.2. Survey. If any unsatisfactory condition is shown by the Survey and written notice to terminate is received 448 by Seller on or before Survey Objection Deadline(§ 3), this Contract shall terminate. 449 10.8.3. Leases. If the Leases are not satisfactory to Buyer, Seller shall receive written notice to terminate on or 450 before Off-Record Matters Objection Deadline (§3), unless the Leases are not timely delivered under § 8.2, then Seller shall 151 receive written notice to terminate on or before Due Diligence Documents Objection Deadline (§ 3). If Seller timely receives 452 written notice to terminate, this Contract shall terminate. 453 10.8.4. Zoning. If Buyer is not satisfied with the results of Buyer's review of the Zoning and written notice to 454 terminate is received by Seller on or before Due Diligence Documents Objection Deadline(§ 3),this Contract shall terminate. 455 If Buyer's written notice to terminate for any of the conditions set forth above is not timely received by Seller, then such 456 condition shall be deemed to be satisfactory to Buyer. 457 10.9. Source of Potable Water(Residential Land and Residential Improvements Only). Buyer ® Does ❑ Does Not 458 acknowledge receipt of a copy of Seller's Property Disclosure or Source of Water Addendum disclosing the source of potable 459 water for the Property. Buyer❑ Does ® Does Not acknowledge receipt of a copy of the current well permit. ®There is No Well. 460 Note to Buyer: SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUND 461 WATER. YOU MAY WISH TO CONTACT YOUR PROVIDER (OR INVESTIGATE THE DESCRIBED SOURCE)TO 462 DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER'S WATER SUPPLIES. 463 10.10. Existing Leases; Modification of Existing Leases; Ness Leases. Seller states that none of the Leases to be assigned 464 to the Buyer at the time of Closing contain any rent concessions, rent reductions or rent abatements except as disclosed in the 465 Lease or other writing received by Buyer. Seller shall not amend, alter, modify,extend or cancel any of the Leases nor shall Seller 166 enter into any new leases affecting the Property without the prior written consent of Buyer, which consent shall not be 467 unreasonably withheld or delayed. 468 169 11. TENANT ESTOPPEL STATEMENTS. 470 ® 11.1. Not Applicable. This § I I shall not apply. 471 11.?. Applicable. This § 11.2 shall apply unless the box in 6 11.1 is checked. As to all occupants or tenants at the El472 Property, Seller shall obtain and deliver to Buyer on or before Tenant Estoppel Statements Deadline (§ 3), statements in a form 473 and substance reasonably acceptable to Buyer (Estoppel), from each occupant or tenant attached to a copy of such occupant's or 474 tenant's lease and any amendments(Lease)stating: 475 11.2.1. 'I-he commencement date of the Lease and scheduled termination date of the Lease; 476 11.2.2. That said Lease is in full force and effect and that there have been no subsequent modifications or 477 amendments; 478 11.2.3. The amount of ally'advance rentals paid, rent concessions given,and deposits paid to Seller; 479 11.2.4. 'I-he amount of monthly(or other applicable period)rental paid to Seller; 480 11.2.5. That there is no default under the terms of said Lease by landlord or occupant: and 481 11.2.6. That the Lease to which the Estoppel is attached is a true. correct and complete cop) of the Lease demising 482 the premises it describes. 483 11.3. Tenant Estoppel Statements Delivery/Objection. If Seller shall fail to deliver the Estoppels on or before Tenant 484 Estoppel Statements Deadline(§ 3)or if Buyer is not satisfied with the form or substance of the Estoppels and written notice to 185 terminme is received by Seller on or before Tenant Estoppel Statements Objection Deadline(§ 3), this Contract shall terminate. 486 Buyer's approval or disapproval of the Estoppel shall be at Buyer's sole subjective discretion. Buyer shall also have the unilateral 487 right to waive any unsatisfactory Estoppel. If Buyer's written notice In terminate is not received by Seller on or before Tenant 488 Estoppel Statements Objection Deadline(§ 3),the Estoppels shall be deemed to be satisfactory to Buyer. 489 CLOSING PROVISIONS 190 12. CLOSING DOCUMENTS, INSTRUCTIONS AND CLOSING. 491 12.1. Closing Documents and Closing Information. Seller and Buyer shall cooperate with the Closing Company to 492 enable the Closing Company to deliver all documents required for Closing to Buyer and Seller and their designees by the Closing 493 Documents Delivery Deadline(§3). If Buyer is obtaining a new loan to purchase the Property.Buyer acknowledges Boxer's lender 494 shall be required to provide the Closing Company in a timely mauler all required loan documents and financial information 495 concerning Buyer's new loan. Buyer and Seller will furnish any additional information and documents required by Closing 196 Company that w ill be necessary to complete this transaction. Buser and Seller shall sign and complete all customary or reasonably 497 required documents at or before Closing_ \o.(1151-S-III, ('ONrR t(T I O nrl AND SI'l I.Ian-:AI.LSI\il':II.AND) Page Ill 416 498 12.2. Closing Instructions. Buyer and Seller agree to execute the Colorado Real Estate Commission's Closing 499 Instructions. Such Closing Instructions ❑ Are ® Are Not executed with this Contract. Upon mutual execution, N Seller 500 ❑ Buyer shall deliver such Closing Instructions to the Closing Company. 501 12,3. Closing. Delivery of deed from Seller to Buyer shall be at closing(Closing). Closing shall be on the date specified 502 as the Closing Date (§ 3) or by mutual agreement at an earlier date. The hour and place of Closing shall be us designated by 503 Parker and Co. Real Estate& Auctioneers. 504 12.4. Disclosure of Settlement Costs. Buyer and Seller acknowledge that costs, quality, and extent of service van_ 505 between different settlement service providers(e.g.,attorneys, lenders, inspectors and title companies). 506 13. TRANSFER OF TITLE. Subject to tender or payment at Closing as required herein and compliance by Buyer with the 507 other terms and provisions hereof. Seller shall execute and deliver a good and sufficient general warranty deed to Buyer, at 503 Closing, conveying the Property free and clear of all taxes except the general taxes for the year of Closing. Except as provided 509 herein, title shall be conveyed free and clear of all liens, including any governmental liens for special improvements installed as of 510 the date of Buyer's signature hereon, whether assessed or not.Tide shall be conveyed subject to: 511 13.1. Those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted 512 by Buyer in accordance with Title Review(§ 8.1), 513 13.2. Distribution utility easements(including cable Tv), 514 13.3. Those specifically described rights of third parties not shown by the public records of which Buyer has actual 515 know ledge and which were accepted by Buyer in accordance with Matters Not Shown by the Public Records(§ 8.2)and Survey 516 Review(§ 8.3), 517 13.4. Inclusion of the Property within any special taxing district,and 518 13.5. Other None. 519 14. PAYMENT OF ENCUMBRANCES. Any encumbrance required to he paid shall be paid at or before Closing from the 520 proceeds of this transaction or front any other source. 521 15. CLOSING COSTS,CLOSING FEE,CIC FEES AND TAXES. 522 15.1. Closing Costs. Buyer and Seller shall pay, in Good Funds, their respective closing costs and all other items required 523 to be paid at Closing.except as otherwise provided herein. S24 15.2. Closing Services Fee. The fee for read estate closing services shall be paid at Closing by ❑ Buyer ❑ Seller • 525 © One-Ilalf by Buyer and One-half by Seller ❑ Other 526 4-5 —Status-Letter-and-T-artsfer-Rees. Any Les incident lo-tlae-issua+tct of Association's-statement of assessments 527 (Status I.ilten)shall-be-paid-by-n Buyer Seller-QOne-1-L•df-b}-Buyer-and-One-Walf-try-Seger-hay transfer feesassessed 528 by-the Association-fA1 soetatlon=s..f+aesfer-Few)shall-hi. paid-by-- -Buyer$Seller-0-On.e .iulf-hrguyer and-One-l{&ll'a+y 529 Seller. 530 Vii:L—Loea1-Fransfel ax.--❑The-Local-Tint nsfer Tax-of._ %c f. he Purchase-Price shah-he paid-at Cloai+si 4w 531 ❑ Buyer$5eller=R-One-H11-by-B+tyeeand-One-Han'43ygellee 532 15.5. Sales and Use Tax. Any sales and use tax that may accrue because of this transaction shall be paid when due by 533 ❑ Buyer ®Seller ❑ One-Half by Buyer and One-Half by Seller. 534 16. PROBATIONS. The following shall be prorated to Closing Date(§ 3),except as otherwise provided: 535 16.1. Taxes. Personal property taxes, if any, and general real estate taxes for the year of Closing, based on ❑ Taxes for " 536 the Calendar Year Immediately Preceding Closing ® Most Recent Mill Levy and Most Recent Assessed Valuation. or 537 ❑Other 538 46-2. Rents—Rents-based cat-❑ Rents-Actually-lieeeived-9-Aeeeted-At ClosingSeller shalt-transferor-credit-te 539 BuyerThe-seeu4ty deposits-fa=atNeases-assigned..or-any-remainder alter-lawful-deductions, and-notify-al-tenants in writ-hie of 5-1u uch4ransfe-r-and_9fihe_trangfefeei-s_tame.ancfaddress_Setler'-shall-assign-to Buy;,Fall-Ieascs-in-effectat-Closing and Buyer shall 541 assumeauc4r4eases 542 I63.—Assoeiation-Assessments -Current-regtttar Association-assessments+nc_dues(-Asset anon_Assessmenis)-Laid-in 543 advance-5hal1-hec+edited-to-Seller-at ClosingsC-aslr-reserves-heel-out-of-theregular Association Assessments-for- 544 u+aintenaiwe-h-'-Ehe-Assneiatien-s-halt-not-x-ereditec4te-Seller-eueept aslnay-be-ethervise-ptatided-bythe-Geveii+ln_Document* 545 RoveFaeMno+dedges-tttat-Buyer may brMA-stated-to pay-theAssecletioncat-Gloeing.ranzaneunNar-reserves-oraverlving-eapita6 546 Any-special-assessment-h_v-the Assoc+align-forimprovements-that-haai been-htstalle-das-at he-lane-et-Balser-'-s-signature-hereon 547 shall be-the-eb-ligattouof,SellerrN-athei-speeial-assessnhetxassessecl-pr-ior-(o-C-tesing-Date{§.}brute-Asseeiatien-shatl-bethe 548 ion Assessmentsare-curlentivisavahleat S _per 549 _and that-there-ar-e no-unpaid-regular-er-special assessrneel.; ag:+i++st-Ihe--Property exceptThe-eurrenl_regular 550 assessments-and . Suelt-assessments-are-subleet-te-change-asprotided-in-the-F4evernine 551 Docalments-Sellera roes to-promptly-request the Association to deliver to Buyafiefore Closing-Dale h }aaurrent3lattls-Calme• r. 552 16.4. Other Prorations. Water and sewer charges, interest on continuing loan, and None. Vo.Cns4-B-rn. (TtAIItVLI-TOMA AND till.I.la.1l.E:srA1l:(T..xxl)} Pane Ii or l6 553 16.5. Final Settlement. Unless otherwise agreed in writing,these prorations shall be final. 554 17. POSSESSION. Possession of the Property shall be delivered to Buyer on Possession Date at Possession Time (1 3), 555 subject to the following leases or tenancies: 556 557 None. 558 559 If Seller, after Closing, fails to deliver possession as specified, Seller shall be subject to eviction and shall be additionally 560 liable to Buyer for payment of 5150.00 per day(or any part of a day notwithstanding § 18.1)from Possession Date and Possession 561 Time($ 3)until possession is delivered. 562 GENERAL PROVISIONS 563 18. DAY; COMPUTATION OF PERIOD OF DAYS, DEADLINE. 564 18.1. Day. As used in this Contract, the term "day" shall mean the entire day ending at 11:59 p.m., United States 565 Mountain Time(Standard or Daylight Savings as applicable). 566 18.2. Computation of Period of Days, Deadline. In computing a period of days, when the ending date is not specified, 567 the first day is excluded and the last day is included, e.g., three days after MEC. If any deadline falls on a Saturday, Sunday or 568 federal or Colorado state holiday (I-Ioliday), such deadline ® Shall 9 Shall Not be extended to the next day that is not a 569 Saturday.Sunday or Holiday. Should neither box be checked,the deadline shall not be extended. 570 19. CAUSES OF LOSS, INSURANCE; CONDITION OF, DAMAGE TO PROPERTY AND INCLUSIONS AND 571 WALK-THROUGH. Except as otherwise provided in this Contract, the Property, Inclusions or both shall be delivered in the 572 condition existing as of the date of this Contract,ordinary wear and tear excepted. 573 19.1, Causes of Loss, Insurance. In the event the Property or Inclusions are damaged by fire, other perils or causes of 574 loss prior to Closing in an amount of not more than ten percent of the total Purchase Price. Seller shall be obligated to repair the 575 same before Closing Date(y 3). In the event such damage is not repaired within said time or if the damage exceeds such sum,this 576 Contract may be terminated at the option of Buyer by delivering to Seller written notice to terminate on or before Closing. Should 577 Buyer elect to carry out this Contract despite such damage. Buyer shall be entitled to a credit at Closing for all insurance proceeds 578 that were received by Seller(but nut the Association, if any) resulting from such damage to the Property and Inclusions, plus the 579 amount of any deductible provided for in such insurance policy. Such credit shall not exceed the Purchase Price. In the event Seller 580 has not received such insurance proceeds prior to Closing, then Seller shall assign such proceeds at Closing, plus credit Buyer the 581 amount of any deductible provided I'or in such insurance policy,but not to exceed the total Purchase Price. 582 19.2. Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication 583 services),systems and components of the Property,e.g., heating or plumbing, fail or be damaged between the date of this Contract 584 and Closing or possession, whichever shall be earlier, then Seller shall be liable for the repair or replacement of such Inclusion, 585 service, system, component or fixture of the Property with a unit of similar size, age and quality, or an equivalent credit, but only 586 to the extent that the maintenance or replacement of such Inclusion, service. system, component or fixture is not the responsibility 587 of the Association. if any, less any insurance proceeds received by Buyer covering such repair or replacement. Seller and Buyer 588 are aware of the existence of pre-owned home warranty programs that may be purchased and may cover the repair or replacement 589 of such Inclusions. 590 19.3. Condemnation. In the event Seller receives actual notice prior to Closing that a pending condemnation action may 591 result in a taking of all or part of the Property or Inclusions, Seller shall promptly notify Buyer, in writing. of such condemnation 592 action. In such event, this Contract may be terminated at the option of Buyer, in Buyer's sole subjective discretion. by Buyer 593 delivering to Seller written notice to terminate on or before Closing. Should Buyer elect to consummate this Contract despite such 541 diminution of value to the Property and Inclusions, Buyer shall be entitled to a credit at Closing for all condemnation proceeds 595 awarded to Seller for the diminution in the value of the Property or Inclusions but such credit shall not include relocation benefits, 596 expenses or exceed the Purchase Price. 597 19.4. Walk-Through and Verification of Condition. Buyer. upon reasonable notice,shall have the right to walk through 598 the Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this Contract. • No.(1151-8-In. CON MALT Ill-SA NI)Sl'.1.1.III'LAI.tSIA't1((LUti rage 12 of II, • 599 20. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document, Buyer and Seller acknowledge 600 that the respective broker has advised that this document has important legal consequences and has recommended the examination 601 of title and consultation with legal and tax or other counsel before signing this Contract. 602 21. TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of the essence hereof. If any note or check received as 603 Earnest Money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any obligation 604 hereunder is not performed or waived as herein provided,there shall be the following remedies: 605 21.1. If Buyer is in Default: 606 ❑ 21.1.1. Specific Performance. Seller may elect to treat this Contract as canceled, in which case all Earnest Money 607 (whether or not paid by Buyer) shall be paid to Seller and retained by Seller; and Seller may recover such damages as may be 608 proper; or Seller may elect to treat this Contract as being in full force and effect and Seller shall have the right to specific 609 performance or damages,or both. 610 21.1.2. Liquidated Damages, Applicable. This §21.1.2 shall apply unless the box in §21.1.1. is checked. All 611 Earnest Money (whether or not paid by Buyer) shall be paid to Seller, and retained by Seller. Both parties shall thereafter be 612 released from all obligations hereunder. It is agreed that the Earnest Money specified in §4.1 is LIQUIDATED DAMAGES, and 613 not a penalty, which amount the parties agree is fair and reasonable and (except as provided in §§ 10.4, 22, 23 and 24), said 614 payment of Earnest Money shall he SELLER'S SOLE AND ONLY REMEDY for Buyer's failure to perform the obligations of 615 this Contract. Seller expressly waives the remedies of specific performance and additional damages. 616 21.2. If Seller is in Default: Buyer may elect to treat this Contract as canceled, in which case all Earnest Money received 617 hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect to treat this Contract as 618 being in full force and effect and Buyer shall have the right to specific performance or damages,or both. 619 22. LEGAL FEES, COST AND EXPENSES. Anything to the contrary herein notwithstanding, in the event of any arbitration 620 or litigation relating to this Contract, prior to or after Closing Date(§3), the arbitrator or court shall award to the prevailing party 621 all reasonable costs and expenses, including attorney fees, legal fees and expenses. 622 23. MEDIATION. Ifa dispute arises relating to this Contract,prior to or after Closing,and is not resolved, the parties shall first 623 proceed in good faith to submit the matter to mediation. Mediation is a process in which the parties meet with an impartial person 624 who helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. The parties to the 625 dispute must agree, in writing, before any settlement is binding. The parties will jointly appoint an acceptable mediator and will 626 share equally in the cost of such mediation. The mediation, unless otherwise agreed, shall terminate in the event the entire dispute 627 is not resolved within thirty days of the date written notice requesting mediation is delivered by one party to the other at the party's 628 last known address.This section shall not alter any date in this Contract, unless otherwise agreed. 629 24. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder shall release the Earnest 630 Money as directed by written mutual instructions, signed by both Buyer and Seller. In the event of any controversy regarding the 631 Earnest Money(notwithstanding any termination of this Contract), Lamest Money Holder shall not be required to take any action. 632 Earnest Money Ilolder, at its option and sole subjective discretion. may (I) await any proceeding. (2) interplead all parties and 633 deposit Earnest Money into a court of competent jurisdiction and shall recover court costs and reasonable attorney and legal fees, 634 or (3) provide notice to Buyer and Seller that unless Earnest Money Holder receives a copy of the Summons and Complaint or 635 Claim (between Buyer and Seller)containing the case number of the lawsuit(Lawsuit)within one hundred twenty days of Earnest 636 Money Holder's notice to the parties, Earnest Money Ilolder shall be authorized to return the Earnest Money to Buyer. In the event 637 Earnest Money Holder does receive a copy of the Lawsuit, and has not interpled the themes at the time of any Order, Earnest 638 Money Ilolder shall disburse the Earnest Money pursuant to the Order of the Court. The parties reaffirm the obligation of 639 Mediation (§23). The provisions of this § 24 apply only if the Earnest Money Ilolder is one of the Brokerage Firms named in 640 §32 or§33. 641 25. TERMINATION. In the event this Contract is terminated, all Earnest Money received hereunder shall be returned and the 642 parties shall be relieved of all obligations hereunder,subject to §§ 10.4.22,23 and 24. 643 26. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL. This Contract, its exhibits and specified addenda, constitute 644 the entire agreement between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or 645 written, have been merged and integrated into this Contract. No subsequent modification of any of the terms of this Contract shall 646 be valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. Any obligation in this Contract 647 that,by its terms, is intended to be performed after termination or Closing shall survive the same. 648 27. NOTICE,DELIVERY,AND CHOICE OF LAW. 649 27.1. Physical Delivery. All notices must be in writing, except as provided in §27.2. Any document, including a signed 650 document or notice, delivered to Buyer shall be effective when physically received by Buyer, ally signator on behalf of Buyer, ally Nu.( IS-3a-III. (DYEttA( ITO 111.1.AND SEI.t.Rt:A1.E5'Gv171(LAND) ('age 13uf16 651 named individual of Buyer, any representative of Buyer, or Brokerage Firm of Broker working with Buyer (except for delivery, 652 after Closing, of the notice requesting mediation described in j 23) and except as provided in §27.2. Any document, including a 653 signed document or notice, delivered to Seller shall be effective when physically received by Seller, any signator on behalf of 654 Seller, any named individual of Seller, any representative of Seller, or Brokerage Firm of Broker working with Seller(except for 655 delivery,after Closing. of the notice requesting mediation described in §23)and except as provided in §27.2. 656 27.2. Electronic Delivery. As an alternative to physical delivery, any document, including any signed document or 657 written notice may be delivered in electronic form only by the following indicated methods: ❑ Facsimile ® Email 658 ❑ Internet ❑ No Electronic Delivery. Documents with original signatures shall be provided upon request of any party. 659 27.3. Choice of Law. This Contract and all disputes arising hereunder shall be governed by and construed in accordance 660 with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado for property 661 located in Colorado. 662 28. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal shall expire unless accepted in writing. by Buyer and 663 Seller, as evidenced by their signatures below, and the offering party receives notice of such acceptance pursuant to § 27 on or 664 before Acceptance Deadline Date(§3)and Acceptance Deadline Time(§3). If accepted, this document shall become a contract 665 between Seller and Buyer. A copy of this document may be executed by each party, separately,and when each party has executed 666 a copy thereof,such copies taken together shall be deemed to be a full and complete contract between the parties. 667 ADDITIONAL PROVISIONS AND ATTACHMENTS 668 29. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate 669 Commission.) 670 671 29.I This Contract is expressly contingent upon Buyer's receipt, in form satisfactory to Buyer,of a Recorded Exemption Plat for 672 the Property by Weld County, Colorado. Seller shall promptly apply for and pay all costs associated with obtaining said Recorded 673 Exemption Plat,and keep Buyer regularly updated with respect to the status thereof, including providing Buyer with copies of all 674 submittal documents for Buyer's review and approval. 675 676 29.2 This Contract is expressly contingent upon Buyer's receipt, in form satisfactory to Buyer,of a Use by Special Review(USR) 677 permit from Weld County,Colorado that allows for use of the Property by Buyer for Buyer's intended purposes. Seller agrees to 67S assist and cooperate with the USR permit process, including execution of all applications and submittal documents necessary with 679 respect thereto. Buyer shall be responsible for all costs associated with obtaining the USR,except that to the extent Seller elects to 680 engage any consultants or attorneys to assist Seller with respect thereto, Seller shall be responsible for the costs thereof 611 682 29.3 Buyer shall have an inspection period of ninety(90)days from the MEC to evaluate the Property. During the inspection 683 period, Buyer,at Buyer's sole expense,may undertake any and all inspections and evaluations of the Property as Buyer elects in its 684 sole discretion, including but not limited to engineering studies,environmental studies,and soil and other tests,studies or 685 inspections. If any of the inspections and evaluations undertaken by Buyer are unacceptable to Buyer, in Buyer's sole and absolute 686 discretion, Buyer may,at its option,terminate this Contract by notice to Seller prior to the expiration of the inspection period,and 687 the earnest money deposit shall be returned to Buyer. 688 689 29.4 The Closing Date shall be the earlier of(i)ten (10)business days after the later of(A)approval and recordation of the 690 Recorded Exemption Plat by Weld County,Colorado and(B)approval and recordation of the USR permit by Weld County, 691 Colorado or(ii)March 31,2012. Notwithstanding the Mregoing or ally provision hereof to the contrary,if,on the Closing Date, 692 either the Recorded Exemption Plat or the USR Permit has nut been approved and recorded by Weld County, Colorado, in form 693 satisfactory to Buyer. Buyer may elect, by notice to Seller,to terminate this Contract, and the earnest money deposit shall be 69 I returned to Buyer. 695 696 29.5 This Contract is expressly contingent upon Buyer obtaining an enlarged tap and meter,the size and utility of which will be 697 sufficient for Buyer's intended water use from the North Weld County Water District(''NWCWD"). Subject to Weld County 698 Planning and Zoning.NWCWD and Seller's approval, Buyer may,at its sole cost and expense,perform preliminary site 699 preparation,due diligence and installation of the enlarged tap and meter prior to the Closing Date of this Contract. In the escnt 700 that the parties do not close on this Contract any site preparation performed by Bu)er shall be returned to as close to the prior 701 condition us practicable by Buyer and any improvements to the NWCWD system made by Buyer shall become the property of 702 Seller. • No.r'IS%4.5.m. LON17tALI ID III y AND st:I.1.RE11.ESTATE(LAND) rave 14of16 703 30. ATTACHMENTS. The following are a part of this Contract: Exhibit A, attached hereto and incorporated herein by this 704 reference. 705 706 ❑ Residential Addendum 707 708 Note:The following disclosure forms arc attached but are not a part of this Contract: 709 710 711 712 SIGNATURES Buyer's Name: Noble Energy. Inc. Buyer's Name: Noble Energy,Inc. 'Buyer's Signature Date uyer's Signature Date Address: 1625 Broadway,Suite 2200 Address: Denver,CO 80202 Phone No.: 303-228-4062 Phone No.: Fax No.: Fax No.: Electronic Address: cmoorenobleenergyinc.com Electronic Address: 713 (NOTE: If this offer is being countered or rejected,do not sign this document. Refer to§311 Seller's Name: l..upe Carpio Seller's Name: • cf-'O 7 - �- 11 Seller's Sggnature Date Seller's Signature Date Address: Address: Phone No.: Phone No.: Fax No.: Fax No.: Electronic Address: Electronic Address: 714 31. COUNTER; REJECTION. This otter is ❑Countered ❑Rejected. 715 Initials only of part•(Buyer or Seller)who countered or rejected offer 716 END OF CONTRACT TO BUY AND SELL REAL ESTATE 32. BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. (To be completed by Broker working with Buyer) Broker ® Does ❑ Does Not acknowledge receipt of Earnest Money deposit specified in §4.1 and, while not a party to the Contract, agrees to cooperate upon request with any mediation concluded under§23. Broker agrees that if Brokerage Firm is the Earnest Money Holder and,except as provided in §24. if the Earnest Money has not already been returned following receipt of a Notice to Terminate or other written notice of termination. Earnest Money I lolder shall release the Earnest Money as directed by the written mutual instructions. Such release of Earnest Money shall be made within live days of Earnest Money Holder's receipt of the executed written mutual instructions, provided the Earnest Money check has cleared Broker agrees that if Earnest Money Holder is other than the Brokerage Firm identified in §32 or §33, Closing Instructions signed by Buyer, Seller, and Earnest Money Holder must be obtained on or before delivery of Earnest Money to Earnest Money Holder. 111 Broker is working with Buyer as a ❑ Buyer's Agent ❑Seller's Agent ®Transaction-Broker in this transaction. Ni.t 854.5-Ih. CONTRACT II)111.Y AM)SELL REAL.t:ti7'A"i E(I..AND) rage Is of 16 • ❑This is u Change of Status. • Brokerage Firm's compensation or commission is to be paid by ❑ Listing Brokerage Firm ❑ Buyer ®Other Seller. Brokerage Firm's Name: Parker and Co. Real Estate&Auctioneers Broker's Name: Art Par /254)' a6/12. 7/0 drfr roker s Signature Date Address: 1001 O Street Greeley,CO 80631 Phone No.: (970)353-2061 Fax No.: (970)351-8393 Electronic Address: artparker45(agmail.com 33. BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. (To be completed by Broker working with Seller) Broker ® Does ❑ Does Not acknowledge receipt of Earnest Money deposit specified in §4.1 and, while not a party to the Contract,agrees to cooperate upon request with any mediation concluded under§23. Broker agrees that if Brokerage Firm is the Earnest Money Holder and,except as provided in §24, if the Earnest Money has not already been returned following receipt of a Notice to Terminate or other written notice of termination, Earnest Money Holder shall release the Earnest Money as directed by the written mutual instructions. Such release of Earnest Money shall be made within five days of Earnest Money I lolder's receipt of the executed written mutual instructions, provided the Earnest Money check has cleared. Broker agrees that if Earnest Money Holder is other than the Brokerage Firm identified in §32 or §33, Closing Instructions signed by Buyer, Seller, and Earnest Money Holder must be obtained on or before delivery of Earnest Money to Earnest Money Holder. Broker is working with Seller as a ❑Seller's Agent El Buyer's Agent ®Transaction-Broker in this transaction. O This is a Change of Status. Brokerage Firm's compensation or commission is to be paid by ®Seller ❑ Buyer ❑Other Brokerage Firm's Name: Parker and Co. Real Estate&Auctioneers Broker's Name: Art Par 7472 / I roker's Signature Broker's Sign,tore Address: 1001 O Street Greeley,CO 80631 • Phone No.: (970)353-2061 Fax No.: (970)351-8393 Electronic Address: artparker45�r_mail.com 717 • Ni,.('ItS4.8-III. CONTRACT it)nil..1\I)tit:I.l.RE:11.ESTATE ATI (t..1N1)) Pate 16 or 16 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 A tract of land located in the Northwest Quarter(NW % ) of Section Twenty-six(26), Township Six (6), Range Sixty-four(64)West of the 6th P.M., described in Book 1311 at Page 352, of the Weld County Records, and being more particularly described as follows: Beginning at a point 825 feet West of the Southeast corner of said Northwest quarter of said Section Twenty-six(26), thence West along the south line of said Northwest Quarter to the Southwest corner of said Northwest Quarter; thence North along the west side of said Northwest to the Northwest corner of said Northwest Quarter; thence East along the north side of said Northwest Quarter to a point 825 feet West of the Northeast Corner of said Northwest Quarter, thence south to the point of beginning CONVEYANCES (If none appear, so state): v Reception No. 136924 Book 292 Page 222 (RR strip) Reception No. 1113791 Book 1311 Page 352 . Reception No. 1746778 Book 825 Reception No. 3358587 (RR strip) J v Reception No. 3699174 1 Book I Reception No. 3758243 [-Book Reception No. 3780214 Book I Reception No. 394581 I Book This certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be construed as an Abstract of Title, Opinion of Title or a Guarantee of Title and the liability of Heritage Title Company, Inc. is hereby limited to the fees paid for this Certificate. In Witness Whereof, Heritage Title Company, Inc., has caused this Certificate to be signed by its proper officer this 18th day of November, 2011, at 7:00 am. Order No. H0324437 Heritage Title ompany, Inc. • By: �-- � oPti uthorized Signatory 3 2_S 2-- 12V-2'Smason aseu-e eoeo:two.nv.e.ru.a'..e a.a®.r u,o.r.w.sun.,e..k • _... _ __ la ;....e _ .. ._ —.......... _ .._. W:*RRAI3TY DEED w t '�PP3lr ileac this-:—..&•2' da�'p - ✓}�Iir: 'tb year de or;r un�ltL end nips hundred�odd...' ....' . 1 better. �p _(Qri wA5v w, u.aca-..y 0u�.�4cuGL,. rY�' u9N.t - / q� (/ .a•`— ,( ' ----------� of the. — CountyoL.LY rend Stateof Comrade, pitta wt pet,eed -_F ._ _ P'47‹�r2Car 1 i 7Ta..a.0 _ 0 .es �f m -"'C""""`�'°E---r____ -- of tie cooed part: - -- el1F.LTNGdSF.9G,That the said perk-pi—of the gnat pad,for nullin omidemtian of the cum of STATE OF COLDMDO,L. __LaT2.."Zr-f-:.'=1ae--i.p:7$0. DOLLARS, Comm or WELD. This Warranty Deal oils Ad for recant at to the mid pnrY/u_af the first part in Land paid by tenoned pd,V-y of tom second part,the menial / *9'.udi by s b bogs will®ul and obarg Jeel, wvey and raa nioeth sold o and rt, i_'ed,one If 3O'rod IL' Ly these pm,culs do— groat, bargain,sill, money and mvfum unto the sold Vnrt.�._e the n....sa second pert�vn-fie and esaigne lament, all tem following described lot_ ar parcel'.r By load,situate,lying and being in the— County of Weld, I a.,.,. and Stale of Colorado,ro-wit: A strip, piece or paroel of land one hundred fitly/(150)•feet in width, being seventy five ,175) feet.,in width on . - eaah side_of_the mentor 1ine..of:the main tnaok of Union Paoitia.Railroad.(known.as . .Line east from Greeley).as the °erne„has.been surveyed, boated and flaked out, through, +, ripen, over and:aorosa the Nor.tTmest quarter (NWM) of Section RIG. Teenty 114-1,26-1 ' in Toxnobly NO.. Six (6)'North„of.Range No. Sixty'four (64) West of the ,Birth Prin- cipal Meridian and oontaining an erne of eight and twenty five hundredths 48.25) . :acres mote or less. a Bald center line Grosses the vest lino of said,nortroeot quarter at a point 1969.6 feet South of the northwest garner of sold northwest quarter and.extends - . N. 34°OBr E. a distances of 2395.4:feat more or lees to interne otion withinarth line : of said section at a point 1535.7 feet east of the Northwest earner of said lorth— west:quarter (N W;) of Section 26. , • TOOETIJER with all and singular the heredltemmnte and eppurtoonoem thereunto belonging,or in anywise appertaining,ante the rmnreim out reversion,;emoted°end remainders, route,haws and profile Nmreoll nod all the estate,right,title,interest,olden and demand wlmmeevor of the said peetA8 of the fiat port,either In law or equity,of,in and to the above bargained pmmdee,with the hereditament.and appurtenants.. TO HA1'R AND TO HOLD the said premises above bargoloed and deserihed,with the a urlanonem unl _ 4' .. the sold pnrL•. f the arm st p I.,64 r' .afiwke end miens forever. And the mid treaRr.r_/l r:.� part./... alas, Ou flea aid part-4:-.of t- line port sea seemed 9a.im,axendtme end that at ti t do—�_.wentine rend del hatpin of hexed omen ew.:,3e l�.Y'e. the said Vnd_.��y.or the assent a e convoyed,on tepees that at tom timeante of the bla rata e,silt delivery of a lac nmmoe shimC and out a-L g oelSeig ot,the power a above ulautho of good,suit,peered,ndsconv ynt a memo manna of done ofor he lam,el foe ie euuu,le a lm.v2._l right,call power and lawful authority to grant,bargain,eel and convoy the moo he mnnnm'mid loon o(omeniJ,mad tLm tie moo are hoc note clear from all roamer and other graato,bnrgaine,sales,lime,lams,awmamanls and inemnbmuem of elotovm kind 07 nature sonar and the shove homeland phn,alem,be_rdeb.___auiet end pmcua iumasersaiou of thu mid pert.5,._of the sewed pmltlie(R UG.!?!a_ta e'aud assigns,against all and every person or!minims lawfully WWiming or w claim the whole or any part ihemof,flue said part a gaol the bog part shall and will WARRANT AND p➢RRVDR➢EFEND, IN It'TNES8 WHEREOF,lice said perl2t4._ol the first part teeY.4Jmmunto sot hembeeennel em1LWo day and year above mitten. Signal,Sealed mid Delimrrd in Prewum d (3c,.-o / 0��!5�r 0 ' i STATE OF OOLOpRADO, 1. ////// // y o thorn or,21/4716 m I I'si e4A- j �1 n =Notary I'ubllo In nud for— 1 set County,In the Plata' 6 1 do hombdlfy thcet, -a..'ctee t .Y it≤<: hf� f+ +','-- •- O-µ- ----. .. anc.__eemnually known to mo !ho penopO whop nnnso...tat.4.• • .ubomibod to WuAd!•p,w..�r......11adh ppnsmd sea MP thle rJ�y lu pawn and enheoaledged Jlgucd,soled said ddltvmd o t a oho of Inflow:ink m of with.with. ne..Es eek fete nu voluulnry e or tun liens import et teetM1 4.d .;e.GG GG' �°� �f I/:arhsr, daeA�- 2er4_ f 'r''r,gip t gwP. .. , LNt��ad�lu�ib t' - lab tk( Ofwa utter toy loud and_,e2ef?du'v.L._._myl "IpleZrd days aster-».__A.D.nail. • My Wmmteslm oaphosak.eyLuazh_/.; _tf�0 -o Tot; r,' . ra I :Moo Pak. .t. 1?5 �- 's' rye'_" tl a 4-7 Remo•ded at 1. Ioei L •ti - to 86.195P,':: y i ', 1 l -( ' BMW 13q qq � �" 1 -� 1 PAGE-t➢5�+ 1ti.3't• p..i nhSN sprisv F1'e„ '-'11--,-- } :., • R dPp n Np•. _ !Rei du 4. ♦ I '_C know all Men by these Presenfs.That' ' 1 _ Eaegviel ii .Carpiu. „ •4i•:::'- it cam; w e e S of the - ,County of -. - r>Weld` - ,-.,and S t!of:col radd,. inr the ronsiderakian or One Dollar and Lave and -I.ffection I ' In hand paid,hereby sell and a vey'to I I Julia P, Purple - of the - County bf - -Yield .d� al.d Staid-of-Coi redo; the folloving.rml property,situate in tht -- • County of• AWe I and state or imadn, to-�ti:A 'tract of land located'..in the No r at Quarter;(M )_: of Saoti® iteally-1St- (26),,Tonnahi 9 North, sense:SistY'Stme'�161A);BeeV-914„p #x ,(69 the 6th.P.11., desorib"ed St':&yllsdsy tamitt Beginning'e.t.a point 825:tee ::West'!at' the Southeast center of said Northiest Qtarten of said Beatiaa Teiehty-air' (26)8 thence west along the mouth firs of said'Nortbwast,@varte'to.t$9 Boatnnist`omtier t. - of-said Northwest Quarter; thenoe Noiitt along the West side Sir saidiNoatwisst:,.. Quarter to the Northwest corner of spill Northeast Quarter; thsnn8 Oast: cNg the r nin=th side of said Ne thwest Quarter.to a point.82Y feat Rest of Nortigeast.:6ornei. of said Northwest Quarter; thence south to the point of beginningyl saving call..: , excepting therefrom a strip pf land 150 feat tide.. and olet:ti i gng 8,25 aaaas, sure or less, oamnyed to the Unite Pacific Railroad Company by deed :recorded 99; January 28th 1909, in Beek 292, at Page,222, of the Weld 6ot.Z or Snotty Rscdsj Ease 1. saving andbrrepting an oil, gas and mineral rigittheratofore-reserved by`®eeds ' recorded in Book 989 at Page 356 and Book 990 at Page 505 of the Wend Oontty.'Rec 'n Also conveying all water, water rights, ditches and ditAth rights appertaining end belonging thereto and more particularly eixty,acre test(of allotment ofvats;.by . The Northern Colorado Water Conservancy Die clot; rota shares of the'Connell Stock of the North Side Lateral Company and Ponta shares of the capital stock of the New Cache la Poudra Irrigatidv'Caapair, • • IPngunynr' 11nruMrr ;Aiiv� rI 'I III I. 41. I :,t lr—a,n t Ili,,z Nyl-; I .._ .. with all its appurtenances, and warrant the tile to the mine.subject to Sigurd and delivered this 7th day of September . A➢ 19 S1. • In a pats m of ? - (SEAL) (SEAL C O L) STATE OF COLORADO, 1 E:.eq.tiel J. Carpie as County t di Weld. T a:. '-Zot '� 'gi,•ru-iitrament"ma acknowledged before me this 7th day of September•.i�i-r ''';',it';', Neequiel J. Carpi()! Z."' ,V: total and°peui seat _ reL .f ltrmt October 9th, 1954. n _ N 'Palle • ri i h iek 1 I mite m mom{II ty Pemrr r=use ei tP nntalive ft¢podia or t em- m1 • in= Frye ter, ey ed r mg mwdq m des n .n:. oft m wpmet w,Ibm Mien ,l meitemllhjpmtedmt sr Sine tinted'el met mryvmlloilimmellP 'Bunten tre,6rriCili.ar-ill,'9eYiw lWt. .a -. I Vt a none t P trgw Mc}rty i?tintgfz Cattier •,o, , Colorado. `, I BOOK 825 MAR 9 1978 s e r� ld.d ter r...,d ILIA. yyA(,'15 & . .A.u L ..r OK „ci,_t n st. CMAAY ANN�FEl1EP,STIN ttecvaDEn ht f no...... :.0 1/'S�+/! r o •. ='l.t C�:1 /�Ll.w1s r.-ft.. I ill J'11'yIll, I-I C5 trill, Mate this------15th- day of--February----in the year of our Lord Eone thousand nine hundred and---Seventh three---- bet,re^n-------JULIA CARPIO, formerly I JULIA PEREZ D. of the County of ------Weld nod State of Colorado,of the first port,end cp FRANK CARPIO and LUPE CARPIO- --- N whose address is 32209 Road 57- Gill f— of the County of -Weld and Stale of Colorado,of the second part; '-Zr r- Wlt:nesseth,That the cold party of the first port,for and in consideration of the sum of other good and valuable consideration and Ten and no/100------ -DOLLARS, to the avid part y of the first port in hand paid by the mid parties of the second part,the receipt whereof is hereby con, V. leased and osknowled ed,ha g granted,bargained,sold and conveyed,and by these presents do CS =mat,Mrgnin,r_ll, c convey and confirm,unto the said parties of the second part,not in tenancy in common but in;idol tennnry,the sure:ear of s them,their amigos and the hairs and amigos of such survivor forever,a6 the following described lot or purrel of hind N situate,lying and fining in the County of Weld and Slate of Colorado,to-wit: n d Lots One (I), Two (2), Three (3), Four (4), C', Five (5), Six (6), Nine (9) and Ten (10), in co Block Three (3) , Town of Gill, according f r` itl" to the recorded map or plat thereof; also .f that part of the Northwest Quarter (NW of Section Twenty—six (26), Township Six (6) North, Range Sixty—four (64), West of the 6th P.M. described in Deed recorded in nookB.11. Page 352, Weld County Record G. • Together with all and singular the bereditaments and appurtenancn thereunto belonging,or in anywise appertaining, and the revereioa and reversions,remainder and remainders,rents,issues and profits thereof;nod alt the estate,ngtd,title, interest,claim and demand whatsoever of the said part y of the first part,either in law or equity,of,io odd to the above bargained premien,with the bereditnarreau and appurtenances. To Man and to Bold the said premises above bargained and described,with the appurtenances,unto the said parties of thee second part,the survivor of thmi,their amigos and the heirs and=41,E of such survivor forever. And the said pert y of the first pact,for her self, her heirs,executors,and ndministmtora,does covenant,grant, bargain and agree to and with the sued parties of the second part,the survivor of them,their amigos rind the heirs and nteugns of such survivor,that at the time of the unsealing and d_fivcry of these presents, she 1S well seized of the premises above conveyed,as of good,sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple.and h is good right,fug power and lawful authority to grant,bargain,sell and convey the same in moaner and Hann aforesaid,and tlml the same are free and clear from all former and other groots,bargains,sales,hens,tams,oaiesnannts and ineuruhrancm of whatever kind or nature soarer, and the above bargained preiiipn in the quiet and peaceable pacsnuion of the said parties of the second par„the sursdvor of them, their assigns and the heirs and assigns of suet,survivor,against all and every person or poisons lawfully ciuiming or to eleira the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. In Witneae'Whereof,The said pert y of the first part lee a hereunto set her band and sear the day and year fun above written. her _ Signed,Sealed and Delivered to the Presence of Julia ( .--+/1 ) Carpio - mark _(SEAL) --- (jar is Cicpio, formerly JVtlIie Perez) --(SEAL) - ---- —-- -- —._.. _ _ . ...-.- -- (SE,1Ll SiaTi OF Cfii.¢yt/n 0, i Com -0f Wef�'!�, (a. The foregoing instrument.was acknowledged before me this 15th day of r O�±1 '-r)c ,it Z3._,by Julia Carpic, formerly Julia Perez. Wt,rxsI3tiandtaad onisiaksw (.r ( _ .. ( / My cairpainion Expires :',ALLY 1!, 1976 , r • •4.1.is t. Notary Public Melling Addles eft u • Future Tat Neilson Box 12- Gar. C_loradn 80624 _ WAT2/.N-V DCCD TC JeWi i TEttrtrd 7S--n.e- r.cone, .a ate..ot-oven coco—sra.xc d5^oho cem.a.a .r_._. �O ;ewer u MAR 2 0 Box 8 ~ 1820108 • Rea No.___ Slate of Colorado, Weld County Clod;6 Rn,.dar IN THE DISTRICT COURT IN AND FOR THE COUNTY OF WELD AND STATE OF COLORADO No, SO PR 70 O o IN THE MATTER OF ESTATE OF ) ) JULIA CARPI°, also known as, ) JULIAN CARPI°, also known as, ) AFFIDAVIT OF IDENTITY c' JULIA PEREZ, also known as, ) JULIA P. CAP.PIO, ) ) Deceased. 0 N I, filar an`l9•( '74 ,L.�,, ((a, . , being firrt duly sworn upon oath states as follows, I personally knew Julia Carpio who passed away January 10, 1976. She is the same person as Julia Perez who owned Lots 3 through 9, Block 8, . Town of Gill, Weld County, Colorado. She is also the same person as Julian Carpio who owned Lot 6, Block 3, Town of Gill, Weld County, Colorado. She is also the same person as Julia P. Carpio who owned the following described real property located in Weld County, Colorado: Lots One (1), Two (2), Three (3), Four (4), Five(5), Six (6), Nine (9) and Ten (10), in Block Three (3), Town of Gill, according to the recorded map or plat thereof; also that part of the Northwest Quarter (NW 1/4) of Section Twenty-six-Cat), Township Six (6) North, Range Sixty-four(64), West of the 6th P.M. described in Deed recorded in Book 1311, Ftge 352, Weld County Record:, I have no interest in any of the above property. 'Of LI tie b my0•IA R••••,v:: ,'= Subscribed and sworn to before me this 74 day of iii 2 , I e r K. , "• " Notary Public My C57ghseion Expires: 4-iu cL / AR2DL1452 B 1071 REC 02011492 05/30/85 12:48 S3.00 1/001 • . F. O668_MAR.Y A!1c FEVERSTEIN. CLERIC S RECO3DER WELD CO, CO AFFIDAVIT OF IDENTITY STATE OF COLORADO) )ss. COUNTY OF W E L 0) I, Stow L. Witwer, of legal age, being first duly sworn upon oath, state as follows: I personally knew Frank Carpio who passed away on November 22, 1981. He is the same person as Frank Carpio who was a joint tenant owner of the following described property situated in the County of Weld, State of Colorado, to-wit: Lots One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Nine (9) and Ten (10) in Block Three (3), Town of Gill , according to the recorded map or plat thereof; also that part of the Northwest Quarter (NWT) of Section Twenty-six (26), Township Six (6) North, Range Sixty-four (64), West of the 6th P.M., described in Deed recorded in Book 1311, Page 352, Weld County Records. 1 have no interest in the above property. • Sto L. Witwer Jr. Subscribed and sworn to before me this 24th day of may 1985„by,Atow L. Witwer, Jr. ' 7 74-12y) , . b e Notary Public Nud'1 S r=14° Eo Ssiot Expires: a-16-BB c o • 8 1071 REC 02011493 05730/85 12: 50 : .--$'3.00, -' -1300l AR2Dbb493 F :IRAQ MARY.-ANI1I,.FEUERSTEIN. CLERK;. RECORDER 'WELD:'CO;_CO: -Watt • CERTIFICATE OF DEATH a38-483 EPHYSICIAN CORONER) A STATE FILE NL T ER _ • OECEASED.,WAYE ' low MIODLI L►M SIR 017E or DEATH IUD,I.0... ,,.w,_ - - •, • Frank Carpio , Male �, - November-22; 1981 RACEIH.1■.A1NL, ORIGIN OR DESCENT - AGE- LAST ur.0TR I VIA. uNEIR 1 OA.' DATE OF NORTHCOUNT,OF DEATH - MpaI NI ,l1......earl.k.v., SIR7NDaPIRANN MD, O.VI .RI -R.L •MOAT.,DAY.*l ARI lxite.,.. . Mexican „ 78 ,, le .Feb 6, 1903 1. . Weld - CITX,TOWN,OR WCATIDN OF DEATH HOSPITAL OR DINER INSTITUTION-N...m..•,..•.... . u,w,w...Yowl IF OW DR'NTT •..T..c2C T : •t_„ :.• .•1 I O I.. A. .«.«r•K r l.,' - b ,.- -:.=+:'.•!y� N ' Gill I,.I. xz ,,2 ETATE aF,IlitiglOy..a..U Sa CITIZEN OF WHATCODUBTRY HARNIED.NEVER MARRIED. EUNVIVING SOUSE,R..w,..-••.••.a«a«.1 WAS DECEDENT EVER IN U.S' W :Y,: r,• :. .. Ir.rn1 WIDOWED poton=E0 Is.r..Y1 , . ANEIE0 roomer T.ar M1.. W N,�,Moxiav MexiccF� t. �wzdowed ' ,I; None ' No a EOCmt'RCONtTY NUMEER I USUAL OCCUPATION,O...Aw•I.y,..wa.np,...,a+.ra.. KIND OT DUSINESL OR INDUSTRY , ' i. `'.522-14-1578 A A N, Petired harmer Agriculture RESIDENCEsETATE . •'COUNTY CITY,TITAN OR LOCATION ZIP STREET AND MAMA INSIDE CITY t IWTS.Ar•ti• ,,:':Co1oredo • u. Weld ,ll. Gill 60624 ,„ Gill Box 12 I►Yes :.::•: FAIRER-NAME •53T ..m..l EMI MOTHER-NAYS •HMI ...OOH 'tap rOAmDli.•' , Ezequiel Carpio . Julia Perez INFORMANT-NAME •....v.•ON.•..0 MAILING ADDRESS Waif 1 D..I O NO COT.O.TOY.Y MCI( TI, Lupe Carpio Brother 3220S WCR t577 Gill , CO 80624 - • ,., 2 RURIAL.CREMATION.REMOVAL DATE r5e.w.Er.....I CEMETERY OR CRE MA I On.NAM(AND LOCATION arr.OA Ham Hall E ,, Burial ,Nov 27, 198 ,, Sunset Memorial Gardens Greeley,, CO O FUSER TOR i ��jj�� NAME AND ANESS Of FUNERAL HOME 5.511105..n...0C. 0 r. Srall 11„ o�> L Q�,rT ��Grr OO262 Macy Allnutt Mortuary 702 13th St. Greeley, CO 80631 75'PHYSICIAN 9.00 put 7).CORONER- 0w TNk eGa51S01,ke.tunal,D..atisr: • ' T07.1 kW O.e• 5NO.n.t0GL.OI•r.occr,RALO ar R9i.l..l D•II a,u.,act mVtSTlG 110A,N .y,w10N QIPI.,OC Ila' 1 ANT,Du,101N1C SEDILla7IO O. •a1Ja F tAe(. . 707 //..// It DATE SIGNED INe•m.on.Y J j DATE SIGNED rw.m.0.....I PRO '- LED BEAD,w. D...• Cttl •St'{{ ' u �/ . NAME:ANO ADDRESS or CERTIFIER IP v.v.:-NIAN OR CURDNER,•t....,a...• - -'— :�:,�: Stanley Edwards 2020 16th Street Greele CO 80631 �AEG.2.),:..1,:.:::::'::::!. SISAFE:,;V.i.I : •I,' - DAee l ervkD OT RFGIS06 .V...n,al..wr� 'ti'" DEPUTY A • .r.,.. ✓ yc� � ��_� November 311 ?9_? r, IL is i.H 7... 75.PART TENTER ONLY ONE CAUS(FER I ONE FOR VI .Ul No.1.14 •-•_•••. • ..• 1 ,IMMEDIATE USE J , • 1.1 u Ir .v 0 f 1 r a j�. r1 /"/ ," f •�-. I.tir w CO,O..,. DUE TO OP AS A ...•...,y...,CDNSE pUFNCF O•' wNICN GA VI ^ •.. n.q� RIfE MI X14 J. / ) l�1 I- CAull =TC, -- :.UE - -s., .. UNUMI..NG - CAu31 LAP1 Kl E •u: I ••,! O PANT WWII 110515 ICANI CONDITIONS-C.e WIII ,............,...-..an•. ..... .... ,«....."..�-000,.., aUIOPSr . O CASE RE...,..- R �' Y, . -r'M /'-,7 .t..No ;O CORONER. Ii.! :).,� ...f. ^ e•,•,..„,". "5Y e s U ACCIDENT,SUICIDE,HOMICIDE. I DAT( AND HOUR Or.NIUR, DECCRINI 14(1W THRUM•O(;CERIRF II UNOCIERMINED.PENDING INVESTIGATION.... I5. " ••• 7a. In. _ 7.. ` INJURY Al WDNO . ft,..,, . PLACE DI 15)1151 .... ,,. I OC!.PI(JIJ .1.1..,I 1 V•..,•O..WI r.r.m,too"..iralr, I - --_- --- ._ jl. ..,11Ir11,(, 7•• .P.Pp.r'....••••••••••n. `. 1 . • I H`ER,Ra* T- t'F,Y THIS DOCUMENT IS A TRUE AND CORRECT COPY OF THE RECORD IN MYCUSTODY.AS iRED BY LAW. `�• y�.�/(/1J(..(r ' Witness My hand and Seal N ITHU'' This 20th day of Play , 1985 • Latki.''4,REGIST;RAti.S -,,,,"4:;.9,..'..;:',•,:.' �Ut l-PZ/ • Deputy �J "' LOCAL REGISTRAR OF VITAL STATISTICS -RalpffFnl�j rj�„oclley, MD, MPH Registration District Number • 238 Medical Director Greeley . Colorado. WELD COUNTY DEPARTMENT OF HEALTH PENALTY BY LAW if any person alters, uses, attempts to use, or furnishes to another for deceptive use any vital statistics certificate. el f1 { t { I1 OF NCIt4, 587 IIIll lI II IIIII 111111111111 IIIII 11111 Malt IIII M- 3356587 01/30/2006 09:56A Weld County, CO 1 of 5 R 26.00 D 0.0D Steve Moreno Clerk& Recorder C. D. No. 49172-8-1 QUITCLAIM DEED THIS DEED, Made as of the / gJ day of , 1978, between UNION PACIFIC RAILROAD COMPANY, a cor oration duly organized, incorporated and existing under and by virtue of the laws of the State of Utah, Grantor, and LUPE CARPIO and FRANK CARPIO, both of Gill, Colorado, Grantees : WITNESSETH, That the said Grantor, for and in con- sideration of the sum of two thousand fifty dollars ($2,050.00) in hand paid, the receipt whereof is hereby confessed and acknowledged, does hereby REMISE, RELEASE and QUITCLAIM to the Grantees, as tenants in common, and to their heirs and assigns, forever, all its right, title and interest in and to the real estate situate in the County of Weld, State of Colorado, described in Exhibit A, hereto attached and hereby made a part hereof. This deed is made SUBJECT to the following: All taxes and all assessments , or, if payable • in installments, all installments of assessments, levied upon or assessed against the premises de- scribed in said Exhibit A which became or may become due and payable in the year 1978 shall be prorated as of the date of this deed between the Grantor and the Grantees, and the Grantees assume and agree to pay, or to reimburse the Granter for , if p___aid by it, all such taxes and assessments and install- ments of assessments applicable to the period sub- sequent to the date of this deed and assume all taxes and all assessments and all installments of assessments which may become due and payable after said year. It is expressly understood that the subjacent support 611/2.S �.� of the premises described in said Exhibit A may have been im- __�, Ffo paired by mining operations heretofore carried on beneath the ft, f surface thereof, and the quitclaiming of said premises is upon the condition that the Grantor, its successors and assigns, p Cs7 (•� shall not be liable for damages resulting therefrom. O +� 6I AND WHEREAS, Union Pacific Railroad Company did, ckf _ • on the first day of June, 1940, execute and deliver to The 7k p Chase National Bank of the City of New York a certain mortgage C` Ul deed wherein and whereby the Railroad Company conveyed to The A -2 Chase National Bank of the City of New York as Trustee for the uses and purposes therein mentioned, among other things, the land described in Exhibit A; and • 1 111111M11011111 en 1111111111111 • 3358587 Qi/3Q/20Q6 °9;56A Wem Couoq•, CD 2 °i 5 R 26.00 D Q.D0 Steve Moreno Clerk&Recorder WHEREAS, The Chase National Bank of the City of New York was, on the 31st day of March, 1955, merged into the Bank of the Manhattan Company under the name of The Chase Manhattan Bank, and thereby The Chase Manhattan Bank became successor to The Chase National Bank of the City of New York as Trustee of such mortgage, and on September 23, 1965, The Chase Manhattan Bank was converted into The Chase Manhattan Bank (National Association) and its name changed thereto without affecting the continuity of its business or corporate existence. Such Bank is hereinafter referred to as The Chase Manhattan Bank. NOW, THEREFORE, Know All Men By These Presents, that THE CEASE MANHATTAN BAT, Trustee under the aforesaid mortgage deed, in consideration of the premises, does hereby REMISE, RELEASE and forever QUITCLAIM, subject, however, to the pro- visions aforesaid, unto Lupe Carpio and Frank Carpio, their • heirs and assigns, forever, its entire right, title and interest as Trustee in and to the real estate described in Exhibit A, to be held by the Grantees free and exempt from all liens, en- cumbrances and charges of such mortgage deed of the first day of June, 1940 . This deed is executed by the Trustee without covenant • or warranty, express or implied, and without recourse against it in any event. IN WITNESS WHEREOF, the Grantor, ONION Te d•e., COMPANY, and. THE CHASE MANHATTAN BANK, Trustee u•{i .t�2A.2LROAD deed dated June 1 , 1940, each has caused this de��rT..+�� 8'} ft].1-, executed on its part as of the day and year fit ingri ,:,,.44io±eri. Attest: 11,± - ° ' UNION PACIFIC?: AI R6X_g',; Mg4TY, (Seal) By _ s hsecretry ' )( vu. esrdent THE CHASE MANHATTAN BANE Attest: (Nation 1 Association) , Trust e, Assistant Secre dry -Vgile- PAN, $3. 'T • F SE I ce President „ s !, w• a_ • 2 • ' 11111111111111111111111111111111111I11I III11111IIIi IlI1 3358587 01/30/2D06 D9:56A Weld County, CD 3 of 5 R 26.00 D 0.00 Steve Moreno Clerk& Recorder STATE OF NEBRASKA ) 55. COUNTY OF DOUGLAS ) The foregoing instrument was acknowledged before me this /L.-a day of (24c i . 197f, by J. C. KENEFICK, President of Union Pacific Railroad Company, a Utah corporation, on behalf of the corporation. • No ary Public t E.MIKKELSEN GENERAL NOTARIAL (Se .li SEAL � ATE OF NEBRASKA Cwnmimpe Eo$w SePL 42,1891 j ck • • , 111111111111111111111113358507 01/30/2006 09:56A 01111 ld Courtly, CO 11111 I��111111111 VIII 4 of 5 R 26.0D D 0.0D Steve Moreno Clerk& Recorder STATE OF NEW YORK ) ss . COUNTY OF NEW YORK ) • On this x'25 day of August , 19 before me, a Notary Public in and for said County in the State aforesaid, personally appeared F W, Taaliabra , to me personally known, and to me personally known to be aSEGOND Vice President of ThE CFSSE MANHATTAN BANK (National Associa- tion) , and to be the same person whose name is subscribed to the foregoing instrument, and who, being by me duly sworn, did say that he is a SCGCND Vice President of The Chase Manhattan Bank (National Association) ; that the seal affixed to said in- strument is the corporate seal of said corporation; and that • said instrument was signed and sealed on behalf of said corpo- ration by authority of its Board of Directors ; and the said E. V. Ta;l.iabue acknowledged said instrument to be his free and voluntary act and deed, and the free and voluntary i act and deed of said corporation, by it voluntarily executed, for the uses specified therein. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year last above written. MAR3U 19/9 My commission expires li �Z , 2. ° Notary Public w .......dU� DELLA M. KILLETT (Seal) }�+u' NOTARY PUBLIC. State of New York .';.� Na. 24-4659567 + i • Qualified in kings County Certificate filed in New York County - ° Commission Eepires March 311, IWV • ,, 13358587 111111 11111 11111 111111 11101 11111 all III 11111 1111 5 of 5 R 26.00 p6 0.00 Steve Moreno d County, ler co Recorder C• D• No• 49172-8-1 EXHIBIT A A strip of land 150. 0 feet in width, 75.0 feet on each side of the hereinafter described centerline of the abandoned main track and said centerline of the abandoned main track and said centerline extended of the Greeley Branch of the Union Pacific Railroad Company, as formerly constructed and operated, situate in the NW 1/4 of Section 26, T. 6 N. , R. 64 W. of the Sixth Princi- pal Meridian, in Weld County, Colorado, extending northeasterly from the west line to the north line of said NW 1/4 of Section 26. Containing an area of 8. 20 acres, more or less. (erred to, Said nccenterline fabandoned main track, hereinabove re- as follows; parcel above described, is described Commencing at the northwest corner of said Section 26; thence South along the west line of said Section 26, a distance of 1969. 6 feet, to the True Point of Beginning of the • centerline being described; thence northeasterly along a straight line forming an angle of 35°31' from north to northeast with said west line of Section 26 , a distance of 2380. 7 feet to a point in the north line of said section that is 1335. 7 feet distant easterly from the northwest corner of said section; thence continuing northeasterly along the prolongation of the last described straight line, a distance of 100 feet to a point beyond the northerly limits of the strip of land hereby des- cribed. • 174 1 Nil 111111111111111111111111111111118{ 11111fill1111 3699174 06!14!2010 11:068 weld County, CO 1 of 2 R 11.00 0 0.00 Steve Moreno Clerk& Recorder QUIT CLAIM DEED THIS DEED, Made this l ( day of �,,�` 2010, between Lupe Carpio, of the County of Weld &nd State of Colorado, Grantor, and the Lupe Carpio Trust under that Revocable Trust Agreement of Lupe Carpio dated��uu,,�uu !! .30 1 e , with. Lupe Carpio as the Settler and Trustee, whose`-legal a&dress is 32205 WCR 57, Gill, Colorado 80624, of the County of Weld and State of Colorado, Grantee, WITNESSETH, That the Grantor, for no consideration, has remised, released, conveyed, and QUIT CLAIMED, and by these presents does remise_, release, convey, and QUIT CLAIM unto the Grantee, its successors and assigns, forever, all the right, title, interest, claim, and demand which the Grantor has in and to the real property, together with improvements, if any, situate, lying, and being in the County of Weld and State of Colorado, described as follows : The real property and improvements located thereon known and described as follows: Any and all interest of the Grantor in and to the Northwest Quarter of Section 26, Township 6 North, Range • 64 West of the 6th P.M. , Weld County, Colorado; Lot 6 , Block 3 , Town of Gill, Weld County, Colorado; Lot 8, Block 3 , Town of Gill, Weld County, Colorado; hots 1 through 5, Block 3 , and also the vacated South 20 feet of 6th Avenue adjacent to Lot 1, Town of Gill, Weld County, Colorado; Lots 1 and 2 , Block 8, and also the vacated South 20 feet of 6th Avenue adjacent to Lot 1, aloe the vacated East 10 feet of 2nd Street adjacent to Lots 1 and 2, Town of Gill, Weld County, Colorado; Lots 3 through 9, Block B, and also the vacated East 10 feet of 2nd Street adjacent to said lots, Town of Gill, Weld County, Colorado; Lot 7 and Lots 19 through 28, Block 3, and also the vacated South 20 feet of 6th Avenue adjacent to Lot 22, and also the vacated West 10 feet of 2nd Street adjacent to Lots 19 through 22, Town of Gill, Weld County, Colorado; and 1 • • I Iliil 11111 Illll1 1111111111 Ilfl 1!1111!III 11111 IIII fill 3690174 06/14/2010 11:08,4 Weld County, CO 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk& Recorder Lots 9 and 10, Block 3 , Town of Gill, Weld County, Colorado * (THIS DEED IS MADE AND GIVEN WITH NO CONSIDERATION FOR ESTATE PLANNING PURPOSES AND THEREFORE NO DOCUMENTARY FEE IS REQUIRED. ) TD HAVE AND TO HOLD Lhe same, together with all and singular the,appurtenances and Privileges thereunto belonging, ox in anywise thereunto appertaining, and all the estate, right, title, interest, and claim whatsoever of the Grantor, either in law or equity, to the proper use and benefit of the Grantee, and its assigns forever. IN WITNESS WHEREOF, The Grantor has executed this deed on the date set forth above. Lupe C rpio STATE OF COLORADO ) ss . COUNTY OF WELD The foregoing instrument was acknowledged before me this //fit • day of .17_1(i/Le , 20'10, by Lupe Carpi.o. Witness my hand and official seal . _ ° 0 t oLeS • O Notary Public o •. -c 9 ; Address t: gun oto / ( 20� My Commission Expires : My Commission Expires July 01,2012 2 • III►►II►IIItIiIl1111►IIIIIttil@tti►lititlli�lll►erI • t of 1 R 11.00 o n.00 Steve Moreno Cry1er1.&Record Z4g QUITCLAIM DEED THIS DEED it dated March •20 II .and in made between Lupe Carpio (whether one,Or more blur one).the"Gramm,-ol the County ol and State of and Weld Colorado Lupe Carpio (whether one.Or more'tam one).the"Gramme whose legal address is 32205 CR 57, of the Town of Gill Ununl)of Weld and stale of Colorado 80624 WITNESS that the Gramm for and in consideration of the sum of TEN DOLLARS,fs 10.00 the receipt and sufficiency of which is hereby acknowledged,does hereby remise,release.sell and QUITCLAIM unto the Grantee and the Gmmeln heirs and assigns..forever all the right.title.interest,claim and demand which the Grantor has in and in the real progeny.together with any impmvements thereon.located in the County of and State of Colorado dscribed or follows: Weld The parcel described herein includes parcel#080126000021, parcel#080126000023,and parcel#080126000024 and being the NW4,excluding the E825 feet,of Section 26,T. 6N, • R. 64 W.,6 P.M.,Weld County,Colorado also known by sneer address at: and asscssrv's c:hednit or panel number. TO HAVE AND TO HOLD the some.together with all and singular the appurtenances and privileges thereunto belonging_ nr in an)wise thcreumo appertaining.and all the estate.right title,interest and claim whatsoever of the Grantor.either in law nr equity.to the only proper use benefit and behunf of the Grantee,and the Grante's heirs and assigns.forever. IN WITNESS WHEREOF the Grantor has executed this deed on the date set forth above I Lupe Carpio by: Lupe Carpio TERI BRAIN I GONZALES STATE OF COLORADO }St 9rF.• :'QP J • OFO�o County of ) The foregoing instrument was acknowledged melon me this C�7 /y�day of ///C/ r c.,/-) .20 / / by OC(pi 0 My coo my hand axpi ofeeMYal seal. COMMISSION EXPIRES My commission aspires. JANUARY 11, 2016 • 'Olsen"City and'where applicable Nmary Public Aries and Associates,Inc.,428 N.2nd St..La Salle.CO 80645 Nana and AdchrN nrPerwn Cicada;Newly Crated Legal Deserittton(f 3e-]5-ten 5,CRS) Nn..933.ken.I-06 0,ndtmd 1M nF.F.11 IlmJlrvd PuM1lkh'mp I]J?Wrenn Sr.Dearer CO 10101- (aU.11'292-8W—ww'w bmdroNµblirFlnprnm—6411 111111111111111111 Min HIM ling • el/ 3700254 07/15/2011 02:36P Weld County, CD 1 of 3 R 21.00 D 0.00 Steve Moreno Clerk&Recorder QUIT CLAIM DEED THIS DEED,Made this i sr day of Z. L„(y ,2011,between the Lupe Carpio Trust under that Revocable Trust Agreement of Lupe Carpio dated June 11,2010,with Lupe Carpio as the Settlor and Trustee, of the County of Weld and State of Colorado, Grantor, and Lupe Carpio, individually, whose legal address is 32205 WCR 57, Gill, Colorado 80624, of the County of Weld and State of Colorado, Grantee, WITNESSETH,That the Grantor,for no consideration has remised,released,conveyed,and QUIT CLAIMED, and by these presents does remise,release, convey, and QUIT CLAIM unto the Grantee, his heirs, successors and assigns, forever, all the right, tide, 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: Any and all interest of the Grantor in and to the Northwest Quarter of Section 26, Township 6 North,Range 64 West of the 6th P.M.,Weld County, Colorado; Lot 6, Block 3, Town of Gill, Weld County, Colorado; • Lot 8, Block 3. Town of Gill, Weld County, Colorado; Lots 1 through 5, Block 3,and also the vacated South 20 feet of 6th Avenue adjacent to Lot 1, Town of Gill, Weld County, Colorado; Lots 1 and 2, Block 8, and also the vacated South 20 feet of 6th Avenue adjacent to Lot I, also the vacated East 10 feet of 2nd Street, adjacent to Lots I and 2, Town of Gill, Weld County, Colorado; Lots 3 through 9, Block 8, and also the vacated Eat 10 feet of 2nd Street adjacent to said lots, Town of Gill, Weld County, Colorado; Lot 7,and Lots 19 through 28,Block 3,and also the vacated South 20 feet of 6th Avenue adjacent to Lot 22, and also the vacated West 10 feet of 2nd Street adjacent to Lots 19 through 22,Town of Gill,Weld County, Colorado; and Lots 9 and 10, Block 3, Town of Gill, Weld County, Colorado. *(THIS DEED IS MADE AND GIVEN WITH NO CONSIDERATION AND THEREFORE NO DOCUMENTARY FEE IS REQUIRED.) • I VII 11111 IIIIII IIIII 11111 111111 IIIII III ill IIII 1111 • 3780214 07716/2011 82:36? Weld County, C0 2 of 3 R 21.00 D 0.00 Steve Moreno Clerk& Recorder 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 equity, to the proper use and benefit of the Grantee, his heirs and assigns forever. IN WITNESS WHEREOF, The Grantor has executed this deed on the date set forth above. LUPE CARPIO TRUST UNDER THAT REVOCABLE TRUST AGREEMENT OF LUPE CARPIO DATED JUNE 11, 2010 WITH LUPE CARPIO AS SETTLOR AND TRUSTEE BY: Lupe C rpio, Trustee U STATE OF COLORADO ) ss. COUNTY OF WELD • The foregoing instrument was acknowledged before me this /5 day of , 2011, by Lupe Carpio as Trustee of the Lupe Carpio Trust under that Revocable Trust Agreement of Lupe Carpio dated June 11, 2010, with Lupe Carpio as the Settlor and Trustee. Witness my hand and official seal. g'' LIN7{ o, Notary Public �J� �''• "7)� ?�c Address rrrrnrr, ii��t•• viii?an—Po r, 1 ) a/o'',/ My Commission Expires: My Commission Expires July 01,2012 2 • { 11111111111II!!!! 111111111111111111111 III 11111P11IIII 3780214 07/15/2011 02:36P Weld County, CD • 3 of 3 R 21.00 D 0.00 Steve Moreno Clerk& Recorder Statement of Authority (Section 38-30-172,C.R.S.) 1. This Statement of Authority relates to an entity named the Lupe Carpio Trust under that Revocable Trust Agreement of Lupe Carpio dated June 11,2010 with Lupe Carrie as the Settler and Trustee. 2.The type of entity is a: [ ]corporation [ ]nonprofit corporation [ I limited liability company [ ]general partnership [ 1 limited partnership [ ] registered limited liability partnership [ ]registered limited liability limited partnership [ ] limited partnership association [ ]government or governmental subdivision or agency [X]trust 3. The entity is formed under the laws of Colorado 4. The mailing address for the entity is 32205 WCR 57.Gill.CO 80624 5. The[X]name[X]position of each person authorized to execute instruments conveying,encumbering,or otherwise affecting title to real property on behalf of the entity is Lune Carpio,Trustee 6.The authority of the foregoing person(s)to bind the entity is[X]not limited [ ] limited as follows: • 7. Other matters concerning the manner in which the entity deals with interests in real property: 8 This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172,C.R.S. 9.This Statement of Authority amends and supersedes in all respects any prior Statement of Authority executed on behalf of the entity. Executed this_±21:,day of y 2011. Name: Cl Lupe Carpio,Trustee of the Lupe Carpio Trust under that Revocable Trust Agreement of Lupe Carpio dated June I1,2010 with Lupe Carpio as the Settler and Trustee STATE OF COLORADO ss COUNTY OF WELD The forepOiitg instrument was acknowledged before me this —f g nt o day of JN l�n 2011 by Lupe pieCarpio Trustee ettlor of the: Liyle.6ut; `trust under that Revocable Trust Agreement of Lupe Carpio dated J ne 11,2010 with Lupe Carpio as the Settler gAas§s m(y h dfatid8ftcial seal. _> I 14° `" ' = - My Commission FpiresJuly91,2012 conun nrepiC`_ �r PU�— c ,� u o l e OF CC � �`�h h✓ItOrc 1 .....�,.,,,,,, Notary Public I 20036 1/1 • risq a= —I t* i hun s In � ' 1{� kiiI i + _I1 t• :_i of � (EM !h f� F 4( J2iegi f i3 i`v! 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