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Home My WebLink About20110733 fll El " rt n .-0.,.�.. L DISTRICT COURT, WELD COUNTY, COLORADO '„ Court address: 901 9th Avenue,P. O. Box 2038 20i I fin; I I Ail ii: 27 Greeley, Co. 80623 Ph: 970-351-7300 BOARD OF COUNTY COMMISSIONERS, WELD COUNTY, COLORADO Petitioner, COURT USE ONLY v. RIO GRANDE CANYON PROPERTIES, INC., a Colorado corporation Respondent Trenton H. Parker, Case No. 11-CV-19 111 E. Bridge Street, Division 3 Brighton, Co. 80601 303-654-1048 RIO GRANDE'S ANSWERS TO VERIFIED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTION; MOTIONS TO DISMISS FOR CAUSES; COUNTER CLAIMS AND DEMAND FOR A JURY TRIAL. COMES now Rio Grande Canyon Properties, Inc. ("Rio Grande"), a Colorado corporation, by its corporate Vice President, Trenton H. Parker ("Parker"), pursuant to C.R.S. §13-1-127 (1a) (2 et seq.), and files the following Answers to the Board of County Commissioners, Weld County, Colorado's ("Weld") Complaint; Motions To Dismiss Complaint; Counter Claims And Demand for Jury Trial: RIO GRANDE'S ANSWERS TO WELD'S COMPLAINT 1. Rio Grande states as follows: As to paragraph 1. of Weld's "General Allegations," Rio Grande admits that Weld is seeking relief under Rule 65 C.R.C.P. and C.R.S., §30-28-124. As to the rest of the allegations contained in paragraph 1.,Weld fails to state any specific facts supporting any specific claim of"irreparable injury, loss or damage"as required by the aforementioned Rule and Statute, to justify injunctive relief. Furthermore, while Weld alleges that, unspecified County Codes are being violated, Weld failed to provide any specific facts to support said allegations and further fails to state any claims upon which injunctive relief could be granted. Thus, Rio Grande is without sufficient knowledge or information at this time, to either admit or deny the allegations contained in Paragraph 1. of Weld's Complaint, and therefore Rio Grande denies the same. ( nMo i c hcnS CC : CA (s /-m es) j) 16/1 1 3-r5--1 i 2011-0733 2. As to the allegations contained in Paragraph 2. of the Weld's Complaint, Rio Grande is without sufficient knowledge or information at this time, to either admit or deny the allegations contained therein, and therefore, Rio Grande denies the same. 3. As to Paragraph 4. of Weld's Complaint, Rio Grande admits the factual statements referring to facts which are a matter of public record - including the fact that Weld acknowledges the fact the Rio Grande Rio Grande has been the true owner of said property since July 14, 2006 which, Stephanie Arries ("Arries") has always known (See Paragraph 6 of Weld's Complaint.). 4. As to Paragraph 5. of Weld's Complaint, Rio Grande acknowledges that on February 13, 2007 Weld County Commissioners authorized legal action against Land Home Development and Trenton Parker (07CV189 - not- 07CV 179), neither of which were legal owners of the subject property. Furthermore, Rio Grande claims that it has never received legal notice of any zoning code violation(s) regarding the subject property by any Weld County official. Furthermore, Rio Grande alleges that, Arries has never specifically received any authorization from the Weld County Commissioners to bring this legal action against Rio Grande—(In. Re. 11 CV19). Rio Grande further alleges that, neither Land Home or Parker ever received any notice of the Weld County Commissioners hearing of February 13, 2007, as the notice of said hearing was intentionally sent to a wrong address which had nothing to do with either Rio Grande, Land Home or Parker. 5. As to Paragraph 6. of Weld's Complaint, Rio Grande admits to the facts alleged therein. Rio Grande claims that while Rio Grande's Deed to the subject property was recorded on July 2, 2008, Parker informed Weld county Code Enforcement Agent Bethney Salzman by phone in early March of 2007, shortly after attorney Arries filed the 07CV189 Complaint that,the owner of the subject property was Rio Grande and not Land Home or Parker. However, Arries has chosen to ignored said notice until November of 2010. 6. As to Paragraph 7. of Weld' Complaint, Rio Grande admits the facts, which are contained in the public record and referred to as Weld's "Exhibit A and B". 7. As to Paragraph 8. of Weld's Complaint, Rio Grande, at this time, is without sufficient knowledge or information to either admit or deny the allegations in said paragraph and therefore, denies the same (What company? Whose employee?). 8. As to Paragraph 9. of Weld's Complaint, Rio Grande admits in part and denies in part, the allegations contained, therein. 9. As to paragraph 10. of Weld's Complaint, Rio Grande is without sufficient knowledge or information to either admit or deny the allegations contained therein, and therefore denies the same. 10. As to Paragraph 11. of Weld's Complaint, Rio Grande admits that Marjorie Kessling is Rio Grande's Registered Agent but denies that Kessling has ever been served with any notice regarding any specific zoning code violations on the subject property or is Kessling aware of the obligations referred to in Paragraph 11 of the Complaint. Rio Grande denies that there are any zoning code violations regarding the subject property. 11. As to Paragraph 12. of Weld's Complaint, Rio Grande denies the unsupported allegations contained therein, and alleges that Weld fails to state specific act or claim under which injunctive relief could be granted 12. As to Paragraph 13. of Weld's Complaint, Rio Grande denies the unsupported allegations contained therein, and alleges that Weld fails to state a claim on which relief could be granted. Furthermore, Weld fails to give any specific facts, examples or details as to how anything on the subject property has, is, will or might- cause any resident of Weld County to have their person, health, safety and/or general welfare endangered. Furthermore, Weld fails to provide any specific details, examples, or affidavits which specifically support the broad subjective allegations of Weld's and Arries' claims. 13. As to Paragraph 14. of Weld's Complaint, Rio Grande is without sufficient knowledge of information to respond to the phrase "That at all times material hereto, Rio Grande has been the owner and possibly the occupant" of the subject property and therefore denies the same. Weld fails to provide any specific dates or time frames for which any informed answer can be given. 14. As to Paragraphs 15., 16. and 17. of Weld's Complaint, Rio Grande denies that it has ever been given any type or form of legal notice by Weld and furthermore, Rio Grande denies that it has failed or refused to do or not do anything or/that there is anything on the subject property that would constitute junk or/that Rio Grande is running or maintaining a "non-commercial junk yard" or/that there is anything on said property that, would require Rio Grande to screen off its property. Weld fails to state, offer or provide any factual basis to support Weld's claims that anyone's health, safety, or well fair is being endangered, as required by law, before the court can grant Weld's request for injunctive relief. Making broad blood curtailing unsupported generalizations does not a fact make. 15. As to Paragraphs 19, 20, 21 and 22 of the Weld's Complaint, Rio Grande denies Weld's unsupported claims that there are any "commercial vehicles" as defined by Colorado state statutes, on said property; or/that there is currently or has there ever been, any form of"commercial business" being conducted on or from said property. 16. As to Paragraphs 23, 24, 25, 26 and 27 of Weld's Complaint,Rio Grande denies Weld's unsupported claims and allegations that notice has ever been given to the Rio Grande, regarding any violations of any Weld County zoning code. Rio Grande denies that, there are any recreational vehicles or camper trailers on said ranch property which are being used as dwelling or living units. Rio Grande denies that there is or will be any form of irreparable harm to anyone in Weld County. Rio Grande further alleges that, there is no existing Colorado or Weld County law which prohibits anyone from "owning, using, maintaining or storing" a recreational vehicle(s) and/or camper/trailer(s) on a 50 acre agriculturally zoned property. Weld's recitation and request for relief pursuant to Paragraphs A. through J. have already been address in Rio Grande's Answer herein, via — Paragraph 1. - through —Paragraph 16., inclusive. MOTION TO DISMISS DUE TO LACK OF FORMAL AUTHORIZATION FROM WELD COUNTY COMMISSIONERS TO BRING THIS ACTION 17. Upon reason, information and belief, Rio Grande, Rio Grande, moves to have this case dismissed because Arries has never received any formal authorization from the Weld County Commissioners to file this action specifically against Rio Grande. What ever may have taken place with Land-Home or Parker is not material to this specific case. Rio Grande has never been contacted by anyone from Weld County during the past 5 years of its ownership of said property even though Arries has had actual and constructive notice of said ownership. Where is the specific formal authorization of the Weld County Commissioners authorizing Arries to file this action? MOTION TO DISMISS COLLATERAL ESTOPPEL & RES JUDICATA 18. Rio Grande claims the, the Weld County attorney is bared from bring this action on the grounds that Weld County has already had is day in Court under Case No. 02CV-558. There is not a single issue raid in the present case that was not raised in the 02CV558 case. During a hearing in 2004 regarding said case, the Weld County Attorney moved to dismiss the case because the County discovered, to its dismay, that it had no case. It is an undisputed fact that there are no issues which are being raised in the current case (11 CV19) that were not litigated in the 02CV558 case and/or the 07CV189 case. Weld County is attempting to litigate the very same issues in the present case as were litigated in the"02CV558 and 07CV189 cases. During the trial which took place on 5/4/2004, Weld County, on its own motion, moved to dismiss said case due to lack of evidence. Thereafter, the Weld waited three (3) years before it filed its 07CV189 case, which covered the very same issue that were addressed in the 02CV558. The current case(11 CV19) covers the same claims and the same ranch property as were addressed in the two previous cases. Additionally, public notice regarding the purchase of said ranch property, by Rio Grande, was made known to attorney Arries in the early part of 2007. Attorney Arries waited for 4 years before filing the current case which covers the very same issues that wear addressed in the two previous cases. Weld is not entitled to any form or type of requested relief a matter of law, and for a long time past. MOTIONS TO DISMISS FOR LACK OF JURISDICTION 19. The Colorado Constitution gives District Courts general jurisdiction pursuant to Article VI, Section 9. in civil cases .... "except as otherwise provided for.". It is admitted that district courts and county courts have concurrent with respects to matters which fall within the jurisdiction of both courts. However, Rio Grande would argue that, the District Court does not have either concurrent jurisdiction or legal jurisdiction in this case, for all of the following good and sufficient reasons set forth below. 20. Rio Grande asserts that, the Distract Court lacks jurisdiction to hear this matter in that, upon reason, information and belief, Land Home and Parker began renting and using the property in the spring of 2000 and therefore, said use pre-dates the codification of the Weld County Zoning Codes which, according to Weld's Complaint per paragraph 2., did not become effective until January 2, 2001. This fact was made known to attorney Arries and Weld(s) in Land Home's "Answer" to Weld's original Complaint's (07CV189) General Allegations, Paragraph 2.,which was filed with the District Court on April 25, 2007. However, Weld and Arries have ignored this fact, and one which has never been litigated. Furthermore, Rio Grande is protected against Weld's claims for injunctive relief pursuant to an existing and non-conforming use in accord with C.R.S., §30-28- 120(1), which reads: "The lawful use of a building or structure or the lawful use of any land, as existing and lawful at the time of the adoption of a zoning resolution or, in the case of an amendment of a resolution, at the time of such amendment, may be continued, although such use does not conform with the provisions of such resolution or amendment, and such use may be extended throughout the same building if no structural alteration of such building is proposed or made for the purpose of such extension." 21. Rio Grande further states that, C.R.S. §30-15-409 establishes a one year statute of limitation which bars the recovery of any fine or the prosecution for the commission of any offense made punishable under any ordinance of any county. By attorney Arries' own admission, pursuant to paragraph 6. of the Complaint, constructive notice was given by Rio Grande Canyon Properties, Inc. by the filing of its deed,with the Weld County Recorder, to the subject property on July 2, 2008. There has been no facts or allegations presented in Weld's Complaint that any of the alleged zoning code violation, complained of by the Weld in its Complaint, started within the one year statutory time period. Furthermore, §30-15-409 does not make any distinction between one type of enitity over another, such as individuals, corporation, or county governments, etc.. It is a clear and undisputed fact that, whatever "alleged" zoning code violation(s) Weld is claiming may have occurred, on the subject property, said violations would have originally taken place in the early part of 2000 a/d.. Weld filed this action in 2011 - eleven (11) years after the fact. Thus, the statute of limitations has long since run its legal course. Rio Grande argues that the doctrine of"laches" clearly applies in this case and that, Weld is not entitled to any equitable relief— and for a long time past. 22. C.R.S. §30-15-410 specifically confers jurisdiction in the prosecution of violations of county ordinances on the County Court and not the District Courts. Furthermore, in her Complaint, Arries cites C.R.S. §30-28-124 for jurisdiction —said jurisdiction is clearly vested, per said statute, in the County Court and not the District Court. Furthermore, no where in her Complaint, does Arries ask for any or confers any jurisdiction on the District Court, to hear and/or decide this case. Rio Grande moves the District Court to dismiss this case due to the District Court's lack of jurisdiction to rule on county zoning code violations. RIO GRANDE'S CONSTITUTIONAL CHALLENGE TO COLORADO JUDICIAL SELECTION SYSTEM 23. THIS ISSUE COMES BEFORE THE COURT AS A MATTER OF FIRST IMPRESSION: Rio Grande alleges that the District Court has no lawful authority to hear or rule on this case because the legislation which did away with the free elections of Colorado's judges, as of January 17, 1967 was in violation of the United States Constitution, Article IV, Section 4. -Republican form of Government;Article XIV, Section 1. -Equal Protection of the Law; and Article XIV, Section 2. -Apportionment of Representatives among the states. 24. At this time, all Colorado citizens are denied the right to vote in any open election for any state Judicial Officer inasmuch as Colorado passed a constitutional amendment which did away with the right of Colorado citizens to vote for state judges (Judicial Officers) effective January 17, 1967, which required state judges (Judicial Officers) to be appointed rather than elected by popular vote (Colorado Constitution, Article VI, Section 6., January 17, 1967 — entire section repealed) 25. The Constitution of the United States, Article XIV, Section 2. reads as follows: "Representatives (congressional) shall be apportioned among the several States according to their respective numbers, counting the whole number of person in each State, excluding Indians not taxed. But when the right to vote at any election for the choice or' "the Executive and "Judicial Officers" (state judges) of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty- one years of age, and citizens of the United States, or in any other way abridged, except for participation in rebellion, or other crime, the basis of(congressional) representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State to the whole number of male citizens twenty-one years of age in such state." 26. In 1870, congress enfranchised the Indians (Native American) under Article XIV. In 1920,Article XIV, Section 2., was expanded as to persons authorized to vote with the passage of Article XIX,which granted women the right to vote. Thereafter, in 1924, Congress passed the "Indian Citizenship Act" which granted United States Citizenship to the Indians (Native Americans) and then in 1968 congress passed the Indian Civil Rights Act. Thereafter,Article XXVI was passed by the collective states, thereby changing the national voting age from twenty-one (21) to eighteen (18) years of age. 27. The Petitioner alleges that, the Article XIV, Section 2, requires the free and open elections of all state Executive, Legislative and "Judicial Officers" of a state, and, to the degree that citizens are denied the right to vote for said "Judicial Officers" in open elections, a state loses its right to congressional representation in proportion to the ratio of qualified electors denied the right to vote for said state officials— in this case, "Judicial Officers" or state judges. 28. Article XIV, Section 4, states that "The United States shall guarantee to every state in this Union a republican form of government ...". The Rio Grande would argue that, Article XIV, Section 4 precludes any member state of the United States, from doing away with the free and open elections of its Executive, Legislative or Judicial Officers - even if the citizens of a/any state(s) give up (regardless of reason) their right to vote for said officials - in favor of"appointments by committee" - for terms of six, ten, or twenty years, and thereafter, the"STATE" graciously grants "ITS" citizens the right to "confirm" or "denounce" the various politically appointed officials .... which is the same way elections were conducted in the former Soviet Union under the Communist Party - and which is the same way many dictatorships (China) currently conduct their own elections. (It is not who votes —but who counts the votes, that matters. Stalin) 29. The Rio Grande alleges that, Colorado's current judicial political appointment and confirmation system does not constitute the free and open election of Colorado's Judicial Officers (state judges) and therefore, is unconstitutional by any standard of logic, thinking or judicial review, for all of the following good and sufficient reasons; To Wit: 30. The Rio Grande alleges that, no qualified person is presently at liberty to run for any Colorado judgeship on behalf of himself nor may anyone be drafted to run for any judicial office by any person or group of persons of any form or persuasion because, all Colorado Judges are made judges by way of insider political appointments. 31. No Colorado judge can be recalled under any Colorado law because no Colorado Judge is considered to be an "elected official" under the current elections laws of Colorado, regardless of how incompetent or corrupt he or she may be. 32. No Colorado judge is ever required to make any form of financial disclosure pursuant to Colorado's Sunshine Laws because Colorado judges are not considered to be elected officials. There is nothing to prevent a Colorado judge from establishing one or more Reconfirmation Campaign Fund and then accept undisclosed campaign contributions. There are no financial reporting requirements regarding said funds and said funds can be invested in anything from real estate to stocks and bonds. Likewise, said funds can be gathered up at the time of retirement and used tax free at will. Additionally, there are no Colorado laws designed to prevent such financial dealings on the part of Colorado judge because, Colorado judges are not considered to be publicly elected officials. 33. No Colorado judge is subject to any Colorado law governing term limitations because, Colorado judges are not considered to be elected officials under Article VI, §§24 and 25 of the Constitution of Colorado. 32. No Colorado judge is currently required to make any kind of public disclosure regarding any personal background information such as: bank accounts; financial records; real estate holdings; trust accounts; tax records; educational history; schools attended; years graduated; degrees received; past employment history; military service; marital information; driving history; citizenship history; or any disclosures regarding memberships in any clubs, fraternities, social organizations, or societies, because Colorado's Judicial Officers (state judges) are not considered elected officials. 34. Rio Grande alleges that, the general thinking for doing away with the open popular elections of Colorado's state Judicial Officers seemingly revolves around the belief that the general public (body politic) is simply not smart enough to be put in charge of electing even the lowest of their own state judges. However, if the voting public is not smart enough to elect the lowest of their own judges,what would make anyone think or believe that the voting public should ever be allowed to select a Congressman, or Senator or the President or Vice President of the United States —or a state Governor. 35. Article XIV, Section 2,. clearly provides a punishment for any state which denies its citizens the right to voting for their Judicial Officers in that, said state(s) is not entitled to access to or to have representation in congress; or be allowed to vote on any matter therein; or to represent their respective state(s) in congress and to do so, would constitute a constitutional violation and an act of public fraud. The Petitioner does not contend that said representatives can not be elected, or is there any reason to have said representatives removed from office. Article XIV, Section 2 demands only that said representatives not be allowed to serve in congress. This is not unlike the dilemma faced by the dead atheist, in that he is all dress up, but he has no place to go! 36. The Rio Grande would argue that, "Article IV§4." is the constitutional safe-guard which prohibits foolish citizens from giving up their rights to vote in free and open elections for their Executive, Legislative and Judicial Officers—rights which were won only after thousands of years of fighting - at a cost of millions of lives. If 1/3 of Colorado's government (Judicial Officers) can be appointed by a committee, why not have a second committee appoint all state"Legislative" officers? And while we are at it, why not have a third committee appoint all "Executive" officers? And of course, we should appoint a committee to "over-see" the conduct of the other 3 committees? And why not call this new "over-sight" committee the "State Central Committee"— Comrades. MOTION TO DISMISS DUE TO CONFLICTS WITH STATE STATUTES, RE: COMMERCIAL VEHICLES 37. Rio Grande further argues that, C.R.S. 30-15-411, states that: "No county shall adopt an ordinance that is in conflict with any state statute." The term "Commercial Motor Vehicle" is clearly defined in C.R.S. 42-2-401(4). However, Weld County Code's definition is so broad that a "Commercial Vehicle" can be anything but an "automobile" which is not defined. The definition of"Commercial Motor Vehicle" is so broad and far reaching that it allows Weld County's "International Code Enforcement Agent" (ICE Agent), Bethany Salzman and Arries to rain bureaucratic litigation, confiscation and terror across the county and on anyone they don't like, by way and use of various all encompassing subjective definitions. Weld's "Commercial Vehicle" definition is limited only by Salzman and Arries own imagination. Rio Grande claims that said definition and its current enforcement thereof, violates the constitutions of the United States and Colorado in that said definition fails to provide reasonable notice to anyone as to what is and what is not a "commercial vehicle!" 38. Rio Grande alleges that Weld broad and open ended definition(s) - denies equal protection under the law, as provided for under Article XIV, Section 1. of the United States Constitution. Weld County's definition of a "Commercial Vehicle" is overly broad and the phrase: "... shall include, but is not limited to, ..." substantially extinguishes the rights which are covered under Article IV—"to be secure in their persons, houses, papers and effects ...", and therefore, the language and definition(s) in said code is too broad and vague and is therefore, constitutionally defective on its face. Weld's nominal definition of commercial vehicle precludes any regular and consistent application of a corresponding operational definition passed by the state, and therefore, lacks a definitive integrated paralinguistic meaning and consequently lacks any ability for logical construction and thus, said "nominal definition" necessarily must result in a "constitutional disqualification". 39. CRS, 42-3-103 does not require all vehicles to be registered as there are exemptions allowed for. Rio Grande claims that if some items which currently exist on the subject ranch property are not registered, it is because they are covered under various state exemptions . Additionally,just because a vehicle may be subject to Colorado's registration requirements, there are no absolute state requirement that all vehicles must be licensed after first being registered with Colorado. Rio Grande denies all of Weld's commercial vehicle violation allegations and claims. Rio Grande challenges the legality and right of Weld and its agents to arbitrarily wonder about Weld County condemning vehicles which have been made specifically for farm and ranch use and/or have been properly registered with the Colorado Department of Motor Vehicles /Colorado Department of Revenue. Rio Grande claims that, the actions of the Weld County Commissioners and their agents Salzman and Arries, violates Colorado's Constitution, per Sections 3. - Inalienable Rights; Section 6.- Equality of Justice; Section 7—Security of Persons and Property;Section 11 -Ex Post Facto Laws; Section 20. -Excessive Fines and Punishments; and, Section 25. -Due Process of Law. MOTION TO DISMISS DUE TO UNCONSTITUTIONALLY VAGUE DEFINITIONS 40. Rio Grande claims that; Weld County's Zoning Code defines "Junk" as being; "... manufactured goods that are so worn, deteriorated or obsolete as to make them unusable in there existing condition."When juxtaposed to Weld County"s definition of "NONCOMMERCIAL JUNKYARD"- (NCJY) - including its "Screening Requirement" the resulting use and definitions become so vague, broad, generalized and undefinable that, Rio Grande claims that said definitions are unconstitutional and violate the following federal constitutional Articles: Article IV—Search and Seizure; Article V. Criminal- deprived of Life, Liberty or Property;Article VI; Rights of Accused;Article VII—Jury trial in civil cases;Article XIV: Deprived of Life, Liberty Or Property without due process and equal protection under the law. As the term "NCJY" is currently defined, every single real estate property that has anything on it of a "material" nature- which was "manufactured" — and is not "brand new" — and has been "used" in any way, shape or form, can be classified as a""NONCOMMERCIAL JUNKYARD" and must be visually "screened" .... "from all "ADJACENT" properties. 41. Under said code and its aforesaid definition, if a neighbor lives a mile away (or 10 ) on the top of a mountain, a property owner living below would be required to build a hundred or even a thousand foot high fence (or higher) in order to comply with Weld County's Zoning Code, because the lower property owner has two "used" pick-up truck, some "used" fence posts, and some "used" building materials on his 10,000 acre ranch. The 'Low Lander" property owner would also need to get a county permit for the second pickup truck(commercial vehicle). Weld County's current requirement that the"Low Lander" property owner build a towering wall around his property thereby causing said "Low Lander" to imprisoning himself—and at great expense (after obtaining approval of his self-imposed prison from the county) - just so that the "High Lander" property owner does not have to see the"Low Lander's" personal property, i.e. "junk". . . is dumb, ignorant, foolish, stupid, insane, ridiculous, absurd, outrageous, unreasonable and it's also unconstitutional - but not necessarily in that order. 42. Rio Grande alleges that, Weld and its agents, Salzman and Arries, have used the vastness of its zoning code definitions and its agents personalized subjective interpretations, to strike down, terrorize and litigate against anyone they don't like. Rio Grande challenges the unreasonableness and broadness of said definitions, as being unconstitutional vague and over-reaching, as said terms and phrases are currently being implemented and used against Rio Grande. Rio Grande is being asked to build a 60 foot high fence around its 50 acre ranch property, at an estimated cost of$2,500.000.00, so some neighbor, who lives on top of a hill a 'h mile away, can not see anything on Rio Grande's agricultural zoned property- which is located a ''/z mile off of WCR 8, which is the closest designated "Public Road" in the area offering access to said ranch property. What Weld is asking Rio Grande to do is unconstitutional - and it's also outrageous, dumb, ignorant, foolish, stupid, insane, ridiculous, absurd and unreasonable- but not necessarily in that order. THE SUBJECT PROPERTY IS NOT IN A FLOOD HAZARD ZONE 43. Rio Grande states to the Court as follows: The subject ranch property has electrical power via United Power of Colorado, along with sever back-up electrical power generating systems — and has been so equipped for the past five or more years. Said ranch has a state approved 750 foot deep water well system and has had said well system for the past six years, along with several large water storage tanks and several portable water delivery tailors. The ranch has a state and county approved sewage disposal system and has had said system for the past 11 years. The subject property is supplied with heat via natural gas and wood burning stoves. And the property is guarded 24 hours a day by 5 guard dogs and a night watchman. Amazingly, said utilities, amenities and infrastructures were all designed, established, purchased, built, developed, perfected, maintained and are utilized without one bit of aid, help, assistance, funding, advisement, supervision or oversight by any of Weld County's commissioners, departments, supervisors, inspectors, agents or attorneys. Furthermore, the subject property is not in a"flood hazard area" and has not been in a "Flood Hazard Area" since the days of"Noah and his Ark". Weld County defines a mobile home as follows: "MOBILE HOME" (This definition applies only to MOBILE HOMES when used in the administration of a "Flood Hazard Overlay District Development permit or Flood Hazard Overlay District.) The Weld County zoning code defines a "FLOOD HAZARD AREA:as "any land which is subject to inundation by the flood waters of an intermediate regional flood. Flood hazard areas in the unincorporated areas of the COUNTY are shown as FP-1 and FP-2 (Floodprone) and FW(FLOOD WAY) District on the Official Weld County Flood Hazard Overlay District Zoning Maps. When Weld passed its 2001 Zoning Codes, the farmers, ranchers, land owners and - the mobile home industry wanted to be sure not to open the "flood gates" and allow future - bureaucrats to come on to their lands and tell them how they were going to live and what - they were going to live in. For those reasons, the code was strictly limited to only those - "Mobile Homes" which were in a Flood Hazard Areas. Additionally, from spring of 1998 - to the end of 1999, Intermountain Mobile Home Services, managed by Kessling and - Parker was responsible for removing over 40 mobile homes located throughout Weld - County's "Flood Hazard Areas". Code Sec. 23-1-9018 of 23. - 45. Rio Grande's property is not in a "Flood Hazard Area" and therefore, Weld's - Zoning Code does not apply to Rio Grande's ranch property, or to any mobile home - alleged to be thereon or to any "Portable Office Trailers" which are "registered", are "plated" are"Road Worthy" are on "Wheels and Axles" are " Maintained" and - are thus, "Exempt" from Weld's zoning code. Furthermore a portable office trailers - is not the same thing as a "construction trailer" or "mobile home". WELD COUNTY'S CURRENT MOBILE HOME CODES ARE ILLEGAL AND UNCONSTITUTIONAL 46. Rio Grande alleges that, Weld's Mobile Home Codes are in violation of Article XIV, Section 1 of the Constitution of the United States in that said codes were and are intentionally designed and motivated to discriminate against, and violates the rights of the elderly, minorities, and economically disadvantaged persons. Additionally, Weld's requirements that all manufactured homes be no less than 24 foot wide and 36 foot long (a short double-wide) are unlawful and clearly discriminate against"single-wide" manufactured homes; that said zoning codes fail to take into account objective standards and issues such as a home's age, current condition, quality of manufacturing and built-in amenities. Rio Grande further alleges that said codes are in violation of the federal "Fair Housing Acts" pursuant to 42 U.S.C. 3601-3619; 42 U.S.C. 3631; Title VII of the Federal Civil Rights Act of 1968; and, the Federal Housing and Urban Development (HUD) Act of 1976 pertaining to the equality of and the federally regulated standards regarding all manufactured homes and the required federal registration of all said homes, thereunder. 47. Rio Grande further alleges that Weld County's Zoning Codes regarding "Manufactured Homes", "Mobile Homes" and "Manufactured Structures" constitutes a pre-planned pattern of housing discrimination against members of the class of elderly persons, members of the class of racial minorities, and members of the class of economically disadvantaged person and are in direct violation of, but not limited to — the National Manufactured Housing Construction and Safety Standards Act— 1974; The Federal Fair Housing Acts covered under Title 42 U.S.C. 3601-3619; 42 U.S.C. 3631; Title VII of the Federal Civil Rights Act of 1968; The Federal Housing and Urban Development (HUD)Act of 1976 pertaining to the equality of and the federally regulated standards regarding all manufactured homes and the required federal registration of said homes, thereunder; and Title 42 U.S.C. 1983; and, the federal Consumer Home Mortgage Assistance Act of 1974. Rio Grande alleges that said zoning code definitions and requirement thereunder, violate both federal laws as well as Colorado's Constitution per, Section 3. `Inalienable rights"; Section 6. - "Equal Justice"; and, Section 25. "Due Process of Law" RIO GRANDE'S COUNTER CLAIMS OFFERING A FALSE INSTRUMENT FOR RECORDING AND FILING A SPURIOUS LIEN AND DOCUMENT ABUSE OF THE LEGAL PROCESS 48. Rio Grande hereby alleges that from April 1, 2007 to March 4, 2011 and at all times relevant therein and hereto, Stephenie L. Arries was employed by the Weld County Attorney, Bruce T. Baker, who is employed at the behest of the Weld County Commissioners, et al. 49. That on July 14, 2006, Rio Grande (Rio Grande Canyon Properties) purchased a 50 acre parcel of ranch property in Weld County Colorado from Land Home Development Company, Inc., a Colorado corporation (Land Home). Said property is located south WCR 8 and West of the Spear Canal. 50. That on or about February 23, 2007, Arries filed a Complaint (07CV189) against Land Home and Trenton Parker (Parker) and then, on March 7, 2007, Arries filed an open ended "Lis Pendens" against the subject property naming Land Home as its owner. 51. At no time prior to filing the Complaint and Lis Pendens in 07CV189, did Arries ever attempt to contact Rio Grande, Land Home or Parker. 52. On July 2, 2008 Rio Grande and Parker gave attorney Arries actual and constructive notice that Land Home was not the owner of said property and that the Lis Pendens which was filed by Arries was stopping Rio Grand from being able to obtain financing on the subject property or to sale said property. 53. In mid 2008 Parker, again, advised Attorney Arries and the District Court (Judge Maus) that neither Land Home or Parker owned the subject property. 54. During Parker's Contempt of Court proceeding held on June 25, 2009, Parker asked Judge Maus to sign an order entitled "Final Order Pertaining to True Ownership of Certain Real Estate." If signed, the Maus court would have declared, as a matter of law, Parker to be the true and only owner of the subject real property and all of the personal property, thereon. The Maus court declined to sign said order followed by making the famous statement: ... "Who owns the property, I don't really know, but I don't think it's you (Parker) that owns the property." If the Court didn't know who actually owned the subject property but didn't believe Parker to be the owner of anything pertaining to the property, on what legal theory was the Maus court operating under and how or why was Parker found guilty of contempt of court and why did attorney Arries persist in her vindictive prosecution of the case regarding Land Home and Parker. 55. In late August of 2009, Majorie A. Kessling(Kessling) the corporate registered agent, provided a detailed five (5) page affidavit under oath, regarding the ownership of the subject property. However, attorney Arries ignored said affidavit and persisted in slandering Rio Grande's private property interests with a non-justifiable Lis Pendens against said property causing Rio Grande to loose business advantages; lost many valuable financial opportunities and lost out of profits from the value of its various real and personal property holdings. 56. On March 30, 2011 attorney Arries finally motioned the District Court to dismiss Land Home from the 07CV189 complaint, which the district court did on April '1, 2010. This was four years after attorney Arries had filed the 07CV189 Complaint and well after Parker had served a 90 day contempt of court sentence. Likewise, Arries was successful in stopping Parker from having a stay of his 90 day jail sentence pending an appeal of her requested sentence. 57. Furthermore, even though attorney Arries know that the subject property did not belong to either Land Home or Parker, Arries still knowingly, willfully and intentionally and with malice aforethought, continued to maintain a bogus and fraudulent Lis Pendens against the subject property, in the name of Land Home, while at the same time, never naming Rio Grande in any action. Arries' actions were designed to create as much financial damage against the property and its owners as she possibly could and to prevent anyone from actually having the time, money or resources to complete any kind of productive development of said property 58. It was not until November 18, 2010, that Attorney Arries requested the district court to dismiss the Lis Pendens, against the subject property, which was dismissed by the court on November 30, 2010. Immediately, thereafter, Marjorie A. Kessling advised Arries that Rio Grande was putting the property up for sale and was in the process of preparing for a spring auction and working to obtain a bridge loan in order to cover certain expenses associated with the cleaning off of the property. Additionally, Mr. David Hill, a Real Estate Broker, contacted Arries and advise her that Rio Grande had entered into a listing and sales contract with his firm and that he already had prospective buyers for the property and that, it was important to remove the Land Home Lis Pendens, or it would continued to kill any deal that might come along. 59. Thereafter, as soon as the District Court release the Land Home Lis Pendens, and Kessling and Hill advised Arries of Rio Grande's immediate business plans regarding the subject ranch property, Arries proceed to immediately file a law suit against Rio Grande and, likewise, to filed another "open-ended Lis Pendens against the subject ranch property. As regards the Land Home Lis Pendens, (February 2007 to March 2011) Rio Grande charges Arries with knowingly, willfully and Wantonly - "Offering a false instrument for recording in violation of Colorado's Criminal Code, §18 -5-114 (3)(4) and for filing a "spurious lien and document" pursuant to C.R.S. §38-35-201. Rio Grande seeks damages against Arries and the Weld County Commissioners both jointly and individually for their failure to properly supervise the four year illegal and vindictive malicious actions against the Rio Grande and the subject property by attorney Arries. 60. Rio Grande alleges that Arries' acts as sat forth above (paragraphs 1 through 37) constitutes the act of"Filing a false Document"; the acts of "Abuse of Process;" and constitutes acts of malicious, willful and wanton behavior and outrageous conduct. Rio Grande claims that Weld County Commissioners - both jointly and individually have failed to properly supervise Arries and her acts of abuse of process and outrageous conduct. (Note: Paragraph 59. simply tracks some of verbiage in Rio Grande's "GIA Notice" to the Weld County Commissioner pursuant to C.R.S. §§24-10-101 thru 118. 61. When Arries filed the Complaint in 07-CV-189 in February 2007 action she also filed a Lis Pendens on the subject 50 acre ranch property, without stating any monetary amount, thereby creating lien against the property in an unknown amount. Upon information and belief, Rio Grande alleges that Arries knew or should have known that such a Lis Pendens precluded anyone from bonding around the lien in order to be able to cure the problem. As a direct result of Arries' public actions, neither Land Home Development Company - who was not the owner, or Rio Grande Canyon Properties who was the owner, were able to borrow against or sell said property. As a direct result of Arries' actions Land Home had to go out of business and also had to file for bankruptcy protection. Furthermore, Rio Grande had signed a real estate listing contract to sell the ranch property and to conduct an auction of various assets and thereafter, to mover all of the remaining items on the property to San Louis, Colorado. Arries' actions constituted the single primary reason for the alleged actions and conditions which form the basis for this Complaint and have been and continue to be the direct cause of Rio Grand and its investors facing a man power shortage and lack of operating capital. Rio Grande alleges that Arries has done, at all time hereto, was knowingly, wantonly and willfully, and with reckless disregard for the rights and feelings of Parker, Land Home, Rio Grande and their investors, is the equivalent of tying one end of a rope around a horses neck and the other end around a fence post and then proceed to strike the horse with a whip. The result is that, as the horse bolts away, it breaks its neck and strangles itself to death. 62. Rio Grande restates the following: Rio Grande is a Colorado corporation and hold property in Weld County, Colorado. 63. Arries is a resident of Weld County, Colorado. Arries has been employed by the Weld County Attorney for the past five(5) years. • 64. Arries has engaged in abuse of process and filing false documents as described above which have adversely affected Rio Grande causing it to loose business opportunities and profits and said actions have continuously interfered with the conduct of Rio Grande's day to day business affairs. 65. Arries has willfully used the legal process and the courts in a manner that was not proper in the regular conduct of an action and abused the process of the court. 66. Arries' abuse of process, criminal behavior and willful, wanton and outrageous conduct is not protected under Colorado's Governmental Immunity Act; C.R.S. §§24-10- 101 thru 118. 67. The Weld County Commissioners are responsible for the supervision of the Weld County attorneys under them and their failure to supervise the criminal behavior of Arries over a five(5) year period makes them personally liable for Arries' criminal conduct both jointly and individually. 68. The Weld County Commissioners have an ongoing duty to properly supervise employees under their care, custody and control. 69. The Weld County Commissioners conduct and past negligence is not exempt under, Colorado's Governmental Immunity Act;C.R.S. §§24-10-101 thru 118. 70. If Jurisdiction exists it, would be covered under Colorado's Constitution, Article, VI§(1). 71. Venue in this matter is proper before the District Court per C.R.C.P. 98 et. sic. As regards the conduct of Arries, Rio Grande seeks judgment against the Weld County Commissioners as follows: A. Compensatory damages as a jury may deem just, fit and reasonable. B. Punitive damages as a jury may deem just, fit and reasonable. C. All costs associated with the action. D. Pre-judgment and post judgment interest on any award of damages to the extent permitted by law; and, E. For such other and further relief as this court or jury may deem just, fit, reasonable and appropriate. 73. Rio Grande further states as follows: Rio Grande is the owner of the subject property referred in Weld's Complaint, and has been so since February - 2006. Said property is located in Weld County and consists of approximately 50 acres. Said property has ,at all times since 2000 a.d., been completely fenced off from free access by anyone but invitees. Said property has one gated main entry way which is accessed from a private 1/2 mile long dirt road which is maintained by Rio Grande. Said gate is and about '/2 mile off WCR 8. "No Trespassing" signs are clearly posted on said property at the one and only entryway. Said ranch property has, at all time relevant hereto, been zoned agricultural property pursuant to Title 39-1-102 (1.6), C.R.S. 74. At all time relevant hereto, Rio Grande's property has had "No Trespassing" signs clearly posted at the main entryway of said property. At no time has Rio Grand via any of its officers, stockholders, agents and/or employees ever given Weld County's Commissioners, Weld's Zoning or Planning Department or any Weld's Zoning Compliance Officer authorization to come on to said private property under any conditions. 75. Furthermore, no one from Weld County has ever been authorized to enter on to said property and photograph, video tape or film anything on said property. Rio Grande has never invited, authorized, allowed or given anyone from Weld County permission to go into any storage shed, horse trailer, storage trailer, tool trailer, office trailer, motor home, or any vehicle for the purposes of conducting a search of any kind. 76. Rio Grande alleges that,Bethany Salzman ("Salzman") is a resident of Weld County and is and has been employed by the Weld County Department of Planning Services as a Zoning Code Compliance Officer II for at least the past five years. Rio Grande alleges that Weld's Planning Department and Salzman are under the direction and control of the Weld County Commissioners. 77. Rio Grande, upon reason, information and belief hereby alleges that from the beginning of June,2010 to December of 2010, Salzman did knowingly, intentionally, wantonly and willfully cut Rio Grande's fence, South of its main gate, in order to gain unnoticed access to Rio Grande's ranch property for the purposes of conducting a series of unlawful searches and filming of said property, and its storage units, office trailer, vehicles, motor homes and tool sheds . 78. Rio Grande further alleges, upon reason, information and belief that from June of 2010 to December, 2010 - Salzman, on a number of occasions, did knowingly and willfully enter on to Rio Grande's ranch property without permission for the purposes of photographing,vidio taping and filming said property, and the items stored thereon, and the contents therein, and did knowingly, willfully and intentionally photograph, vidio tape and film said property, items and contents in violation of C.R.S. 18§4-415. 79. Rio Grande further alleges that, Salzman's criminal acts and conduct constituted an illegal search of said property, its stored items and their contents, therein. And that Salzman's acts constituted an of invasion of privacy and violated Rio Grande's and its officers and owners right to privacy. 80. Rio Grande futher alleges that, after Salzman gained illegal access and entry to Rio Grande's property, Salzman did knowingly and willfully proceed to go into the office trailers, storage units and motor homes, which were and are situated on said property and proceeded to photographed,video taped and filed the exteriors, interiors and contents, therein and thereby, conducted an illegal search of said premises and items in violation of C.R.S. § 18-4-502. First Degree Criminal Trespass. 81. Rio Grande alleges that, Salzman's criminal behavior and willful, wanton and outrageous conduct is not protected under Colorado's Governmental Immunity Act; C.R.S. §§24-10-101 thru 118. 82. Rio Grande alleges that the Weld County Commissioners are responsible for the supervision of Weld's Planning Department and the employees, thereunder and their failure to supervise the criminal behavior of Salzman makes them personally liable for Salzman's' criminal conduct both jointly and individually. 83. The Weld County Commissioners have an ongoing duty to properly supervise employees under their care, custody and control. 84. The Weld County Commissioners conduct and past negligence is not exempt under , Colorado's Governmental Immunity Act; C.R.S. §§24-10-101 thru 118. 85. If Jurisdiction exists it would be covered under Colorado's Constitution, Article, VI§(1). 86. Venue in this matter is proper before the District Court per C.R.C.P. 98 et. sic. 87. As regards the conduct of Salzman, Rio Grande seeks judgment against Weld County Commissioners as follows: A. Compensatory damages as a jury may deem just, fit and reasonable. B. Punitive damages as a jury may deem just, fit and reasonable. C. All costs associated with the action. D. Pre-judgment and post judgment interest on any award of damages to the extent permitted by law; and, E. For such other and further relief as this court or jury may deem just, fit, reasonable and appropriate. DEMAND FOR JURY TRIAL 88. Rio Grande hereby demands a trial by jury as to Saalzman, and all claims, disputed issues, rights abridged, damages, and injuries incurred and so triable, pursuant to C.R.C.P. §5(d) and C.R.C.P.§38. POST SCRIPT AND PLEADINGS 89. At the end of a contempt of court proceedings (07-CV-189) held on June 25, 2009, the Defendant Trenton H. Parker asked the Maus Court to sign an Order making a legal finding of fact that Parker was the sole and legal owner of the subject 50 acre ranch property and the sole and legal owner of all of the personal property, thereon. The Maus Court went on record stating the following: "Who owns the property, I don't really know, but I don't think it's you (Defendant Parker) that owns the property." 90. By what legal theory and authority was or would any Court be operating under to order Defendant Parker (or any one else) to go on to private property which Parker does not own, and have to build a sixty (60) foot high fence around a 50 acre ranch, which is out in the middle of nowhere, just so that a couple of neighbor,who lives 1/2 mile away, can't see anything on the 50 acre ranch property? And then, after building said fence, ordered Defendant Parker to proceed to burn up, burn down, break into, cart off, auction off, scrap, salvage, sell, destroy, dump, vandalize, bury and obliterate other peoples' and entities' private and personal property — and none of whom have ever been named or made a party to the above captioned civil case? 91. The "Status Report" submitted to the District Court in 07CV189 outlining the host of criminal acts committed and documented by Parker, pursuant to the demands made upon him by Arries and Judge Maus is attached hereto and made a part hereof. WHEREFORE, good cause having been shown,the Defendant motions the Court to set dismiss this action and to grant such relief to the Rio Grande as is deemed just, fit and reasonable. Submitted By: Trenton H. Parker, V.P., Rio Grande Canyon Properties, Inc. VERIFICATION I, Trenton H. Parker, the undersigned, am the Vice President of Rio Grande Canyon Properties, Inc., a Colorado corporation and have been authorized to file the attached Answer to the Complaint 11-CV-19, being sworn, state : I prepared the attached Responsive Pleading, and Counter Claims sat forth therein and th t herein are true to the best of my knowledge, information and b ief. Trenton H. Parker, Vice President, Rio Grande Canyon Properties, Inc. SUBSCRIBED AND SWORN to before me on this /71'./. of March, 2011. WITNESS my hand and official seal. el - •` Notary i LINDA E. WOODRING / NOTARY PUBLIC /03 ' STAt b` rFoMIMI% on tr/ 4 My Commission Expires Jury 16,2013 AFFIDAVIT OF SERVICE The undersigned has this // 41 day of March, 2011 delivered to the offices of the Weld County Attorney, a full and complete Answer to the Complaint 11CV19 on behalf of Rio Grande Canyon Properties, Inc. DISTRICT COURT, WELD COUNTY, COLORADO Court address: 901 9th Avenue, P.O. Box 2038 Greeley, Co. 80623 Phone: 970-351-7300 BOARD OF COUNTY COMMISSIONERS, WELD COUNTY , COLORADO Plaintiff, COURT USE ONLY v. LAND HOME DEVELOPMENT COMPANY, INC., TRENTON PARKER, Defendants, Trenton H. Parker, Defendant, pro se, Case No. 07-CV-189 PMB 222, 992 S. 4"'Ave., Suite 100, Division 10 Brighton, Co. 80601 303-654-1048 FINAL ORDER PERTAINING TO TRUE OWNERSHIP OF CERTAIN REAL ESTATE The District Court, having been fully advised and informed as to all matters of fact and law hereby finds that all of that real property located in the County of Weld, Colorado and legally shown and described as "Lot B, on Recorded Exemption Survey NO. 1471-24-2-RE 4471 and approved by the Weld County Department of Planning on October 30, 2006, is owned entirely by Mr. Trenton H. Parker along with any and all person property, equipment, supplies, livestock, motor vehicles, farm equipment, and any and all other items, thereon. District Court Judge Weld County Colorado Section 1 : Colorado Information Section Introduction trailer•when the truck does not exceed six thousand five hundred pounds or a motor home, II The information contained in this manual is provided to , which truck or motor home is used exclusively assist the commercial motor vehicle operator in obtain- for pleasure, enjoyment, other recreational pur- ing their Commercial Driver's License(CDL). If you have poses, or family transportation of the owner, questions about traffic rules,point systems,signs,or other lessee, or occupant and is not used to transport driving standards,this information is available in the cargo or passengers for.profit, hire, or otherwise basic Colorado Driver Handbook. in any business or commercial enterprise. The Commercial Motor Vehicle Safety Act of 1986 • Military Vehicles That are driven by military 4 mandated the Commercial Driver's License (CDL) personnel: program: To make'the roads safer for all drivers, each • Firefighting equipment - Defined in the Federal ' ~`. operator of a COL class vehicle must pass the CDL testing • requirements. The CDL program established classes of Register as: 4 , vehicles within the CDL program; a standard of testing - Necessary to the preservation of life and prop- and qualifying forYhe drivers; a basic format for the • erty or the execution of emergency•govern men- 1 icense;and a communication.network between the states.. tal functions; This is not a National drivers license program• .Every state - Not subject to normal traffic regulations when participates in the CDt��rogram.The system is used to responding to emergency conditions;and check driver status and prior CDLs. Each state issues their Equipped with prominent audible and visual own CDL and reportsh'is to the Commercial Driver's Li- signals for use in responding to emergency cense Information System(CDLlS).This agency maintains conditions. the current state-of record of each driver. By using the - Operated by a person in the employ of a CDLIS facilities, states are able to.record driver transfers volunteer or paid fire organization. or report CDL traffic violations to_the driver's state-of- Emergency equipment such as a fire truck, hook record. Each state maintains their own CDL drivers driv- and ladder truck, foam or water transporter or ing history. If a COL driver transfers to another state,the other vehicles used only in response to emergen- receiving state issues the driver a new CDL and the driver's cies.are included in this exemption. history is transferred to this new state-of record.All CDL driving record histories are maintained for 55 years or for • Emergency Snow Plowing - during emergency the driver's lifetime. snow removal operations non-COL holders may operate snow plow vehicles.The Colorado State 1.1 Commercial Vehicles Patrol determines when and if an emergency snow *condition exists' You must have a CDL to operate: • • Farm vehicle • Any motor vehicle with a gross vehicle weight a. Controlled and operated by a farmer; rating(GVWR) of 26,001 pounds or more, b. Used to transport agriculture products, farm machinery or farm supplies to and from a farm • Any motor vehicle that transports quantities of owned by the farmer. (This does include hazardous materials that require warning placards Hazardous Material as long as the quantity under DOT regulations, transported is below that which would require placards under DOT regulations);. • Any motor vehicle that is designed to transport 16 c. Not used in the operation of a common or or more passengers, including the driver. contract motor carrier;or . d. Used within one hundred and fifty (150) air Operators of the following groups of vehicles are 4 exempt from the CDL requirements. CRS 42-2-401(4) miles of the person's farm. (b):Commercial Motor Vehicle does not include: Note: Farmers may be required to have a DOT medical certificate when operating certain vehicles. (Ask the • Recreation vehicles-when used for recreational Colorado State Patrol). purposes.CRS:42-1-102(49)"Noncommercial or Recreational Vehicle" means a truck operated singly or in combination with a trailer or utility 1-1 AFFIDAVIT UNDER OATH OF MARJORIE A. KESSLING 1) My name is Marjorie A. Kessling. I am a 63 year old widow. I reside at 104 Cerrito Street, San Acacio, Colorado. I have lived at my current address for the past 12 years and own a full city block. I am on the San Acacio Water Board and I work with the various animal rescue associations in the San Louis Valley area. I am currently the Corporate Secretary and the Registered Agent for Rio Grande Canyon Properties, Inc. - the current owner of the 45 acre property located at WCR 8 & WCR 35 in Weld County, Colorado. 2) I was formerly the Corporate Secretary and Registered Agent for "Land Home Development Company. I am making this Affidavit to the Court in regards to the contempt of court matter involving Mr. Trenton H. Parker and the 45 acre Weld County horse ranch property. 3) For the last several years I have been suffering from poor health due to diabetes. I am now staying at home with a 24 hour a day live-in care taker (Mrs. Lattie Garland). My Doctor is Joseph Quintans of the San Louis Valley Medical Clinic. 4) The following affidavit covers my involvement with Intermountain Mobile Services, Inc., Land Home Development Company, Inc. (Land Home), Rio Grande Canyon Properties, Inc. (Rio Grande)and Mr. Trenton H. Parker. 5) I am currently an investor in the Weld County horse property, along with a number of other elderly female investors. I was one of the original investors in Land Home Development Company,Inc. before it was taken over by Rio Grande Canyon Properties, Inc. and Mr. Richard Foreman, who died on August 18, 2008. 6) From June of 1997 to June of 2002 , I was the owner of Intermountain Mobile Services located in Commerce City, Colorado. "Intermountain" was the largest mobile structure service company in the Rocky Mountain States. Intermountain moved, set up, stored and repaired mobile homes, office trailers, storage trailers, equipment trailers, and work platform trailers. Intermountain manufactured portable horse stalls, hay storage trailers, portable patios and portable theatrical stage trailers . Intermountain closed down in February, 2002 due to my poor health. I invested in "Land Home" by trading some of Intermountain's equipment and material for stock in "Land Home" and later on, in Rio Grande. 7) All of the portable structures located on the Weld County horse ranch property belong to either me, or other investors except the triple wide bank building, which belonged to a Mr. Robert Lane, one of the former investors, who became the company president, after Mr. Joseph Daniluk resigned as president and left Land Home. After Robert Lane inherited 20 million dollars, he sold his interest in Land Home back to "Land Home" and took off for parts unknown ... and left the triple wide bank building behind for others to have to deal with it. 8) Trenton Parker does not own any the cars, trucks, equipment, trailers, portable structures or horses located at the Weld County ranch property, and none of the trailers on the ranch property are Mobile Homes (HUD Code) or Manufactured Housing (USBC). And none of the trailers and equipment on the ranch property belong to Trenton Parker. 9) We have been attempting to get the old triple-wide bank building off of the horse-ranch property for the last 3 years and have had it advertised in the Thrifty Nickel—state wide— for the past 3 years. Land Home had to go through three (3) FED Actions (Brian Larson) in the Weld County Court to make sure that the "Bank Building" could be removed legally. Additionally, the Bank Building was sold in October of 2008 for $5,000 to a couple who were to move it to Heartsell, Colorado. However they never showed up to remove it. We finally gave the bank building away to anyone who would remove it at their own expense. 10) Mr. Parker has never owned any of the portable buildings at the ranch and none of my buildings are in violation of any of the alleged zoning violations. Additionally, all of my portable trailers are registered with the motor vehicle department and do not require any special "mobile home" permits. No one from Weld County has ever contacted me or served me, Rio Grande Canyon Properties or Land Home Development Company with any notices or papers regarding either my property or anyone else's property. 11) To the best of my knowledge, there are no "commercial vehicles" on the property and there have not been any heavy construction equipment at the horse ranch property for more than 3 years. All of our construction equipment has been taken to auctions and sold. The horse ranch is not being used as a "junk yard" as defined in the Weld County Codes. The facts are, that there were a lot of tools, equipment and supplies assembled at the ranch, along with some 50 horses (Now 23). However, due to everyone getting older and to the deaths or sickness of various investors, it was decided several years ago to close down the horse ranch operation. Unfortunately, it has been left up to Mr. Parker to fix up and sell all of the remaining equipment and supplies, as well as the horses as best as he can. 12) Mr. Briane Larson, was hired in early December of 2007 to act as our attorney in the current case and was paid to represent Land Home. Mr. Larson said he had registered his appearance with the District Court as the "attorney of record", which was a lie. Larson did not let anyone know that he was being suspended from the practice of law. He told Mr. Parker and me and everyone else, that the December 20, 2007 hearing was being changed to a later date due to the Christmas Holidays, which was also a lie. This was the second time that the Weld County Attorney changed the trial date from a date that everyone could attend to Christmas week. This was done in the 2005 case. Moving Land Home's trial to Christmas week seems to me to be just a sneaky trial trick. The same sneaky trick was done in 2005 in the first case—02CV300. (See Exhibit 1) 13) Land Home Development Company was formed on 12/14/2001 by joining together about a dozen individual investors and several various companies, who put up cash, property, equipment, horses, and labor in order to buy a %2 undivided interest in a ranch from a Miss Amanda Witt, which was part of an estate. Land Home entered into an Installment Land Contract on December 14, 2001 with Amanda Witt and thereafter started moving the horses an equipment out to the ranch property. Trenton Parker was one of the smaller stockholder. (See Exhibit 2) 14) On May 14, 2003 Land Home bought Amanda Witt out by way of a mortgage loan on the 50% undivided interest on the ranch property. It was about that time that Joe Daniluk, the President of Land Home sold his Land Home stock and, and Robert Lane took over as President of"Land Home". Trenton was paying his way by taking care of the horses and fixing up company equipment and then taking it to the various auctions to be sold. The sale of equipment kept the cash flow going in order to keep the horses feed and the ranch operating. 15) In September of 2006 the 120 acre ranch was finally surveyed and was ready to be divided up. Robert Lane had cashed himself out of Land Home and left without any notice. It was at that time that everyone was either sick or out of town. The only one who was available to sign off on the Recorded Exemption Survey was Trenton Parker. Land Home's attorney at that time, was Mr. Max Minning, who told Trenton that there was no liability in simply signing off on behalf of Land Home. However the Weld County attorney has used this event against Trenton. 16) In November of 2005, due to all of the legal fees and problems with Weld County, Land Home ran out of money and was close to facing foreclosure. Thus we had to mortgage the property again. In order to save the investment, Land home sold off 40 acres of the 85 acres and ended up with some money to keep operating with. A mechanic was hired to help Trenton Parker fix two of our big trucks so that the various trailers could be hulled down to the San Louis Valley. However, the mechanic ended up taking off one day with "$2,000 in Parts Money" and $3,000 in heavy equipment tools. We have not been able to get enough money together to replace the lost tools, which has put Trenton in a bind when it comes to fixing the bigger equipment. 17) In July of 2006 Trenton Parker met a investment broker by the name of Richard Foreman who agreed to buy Land Home out for stock and fund a corporation called Rio Grande Canyon Properties, Inc. But because there was a mortgage on the property at the time, with a"due on sale clause" we had to be careful not to let the lender know about the Rio Grande stock purchase, because we did not have enough money at the time to pay off the mortgage if the note was called. That is why the Deed from Land Home to Rio Grande was not recorded until 07/02/08, after the mortgage was paid off. (See Exhibit 3) 18) "Mr. Forman & Company agreed to pay $250.000 for 60% controlling interest in the ranch property. $150,000 was to go toward the ranch mortgage and $100,000 was to go for the clean up, operating/working capital and development money. Richard Foreman paid $150,000 which was used to pay off the mortgage before foreclosure, and received the 60%controlling interest in the property. But Mr. Foremen died before he could make the second payment of$100,000. Thus the ranch was left without any money and once again, it was Trenton Parker who came to the rescue. Trenton has been working for free and has had to fix up and sell what ever he could in order to generate cash flow and keep the horses fed and the ranch going. 19) It takes $100.00 per day to keep the ranch operating. When the Court put Trenton in jail, it took every cent we had to get him out so that the horses could be taken care of- thus it wiped out the last money the investors (The Old Ladies Club) could put up. The money was to go toward fencing off 20 acres of good pasture and for some winter hay. Now we do not have the money to fence off the pastures and the horses are on 2/3 rations and will soon have to be put down (killed) before winter comes on and Trenton goes to jail. 20) Mr. Parker sold out his interest in Land Home and the horses three years ago (2006) to Mr. Richard Foreman and his investment group. Trenton Parker has never been an officer or a director of Land Home or Rio Grande and stopped being a stockholder when Richard Foreman took over as President in July of 2006. 21) When Trenton Parker sold his stock to Richard Foreman, he agreed to stay on and help take care of the horses and the ranch property and help to liquidate everything so that the property could be sold. It was agreed that if Trenton stayed on and helped to take care of the horses and help wind things down,that he would receive a 2% commission on the sale of the property. Since the Rio Grande buy-out took place, everything has been controlled by Mr. Richard Foreman and his people until Richard Foreman died on 8/18/08. 22) By September of 2006 Trenton Parker's health started to fail and he could not do as much work as he use to and, of course, Trenton had no help. The ranch, which is a three man operation, was now being run by a 63 year old man in poor health with no money. Additionally, all of the remaining investors were all women over the age of 60 who had run out of money due to legal costs, vet fees, crooked water drillers and rising feed and hay costs and a falling stock market. But Trenton Parker stuck it out because of his love of the horses. Mr. Parker has been doing everything he can to try and sell the horses, so that the ranch operation can be closed down and he can finally be free to leave. Mr. Foreman did not let us know who all of his other investors were, so Rio Grande is currently is a little bit of a state of flux. 23) Unfortunately, Richard Foreman, who was over weight and drank a lot, died before he finished making the $100,000.00 payment into Rio Grande to cover the cost of winding down the ranch and turning the property into a development. Trenton Parker was to have received $15,000 out of the $100,000 for staying on and taking care of the ranch, horses and equipment. Once again, Trenton Parker found himself overworked and broke, but still a man of his word. 24) My late husband, Gorden, was a retired Navy Chief Petty Officer. He always said that if you ever made a United States Marine your friend, you would have a friend for life. I never full; realized what he meant by that until I met Trenton Parker. He has been the only men in this whole deal that has kept his word, has worked himself nearly to death and has fought to protect the women investors from loosing everything they have. But now it seems that all is lost and there seems to be no way to recover. 25) On 4/2/2007 the Weld County Attorney filed a Lis Pendens on the ranch property with out stating any specific amount. Trenton and I have been attempting to get a loan on the property i order cover the cost of getting the various trailers moved to the San Luis Valley. We finally found a real lender who was ready to make a $25,000 loan for 36 months and we got a title commitment for a $25,000 loan. We now find out that because there is no amount stated in the Lis Pendens there is no way to put up a bond to cover the Lis Pendens. 26) The Court has sentenced Trenton Parker to serve 90 day in jail even thought Trenton has never been an officer or director of Land Home or Rio Grande and has not been a stock holder in the horse ranch for 3 years. The District Court has ordered Trenton Parker to sell, remove, salvage and destroy private property that does not belong to him and to pay for the cost of moving everything of of the ranch - ($15,000 to $20,000) - when the man has no money. 27) To make matters worse, the only source of money to cover the costs of moving everything off of the ranch property is to mortgage the ranch property - which, can not be done now because the Weld County Attorney has clouded the title to the ranch property with a Lis Pendens. We worked hard to obtained a $25,000 loan and title commitment only to be shot out of the saddle due to the County Attorney's Lis Pendens. So whose fault is it now if Trenton fails to get everything removed off the the ranch property —with no money? 28) The Weld County Attorney has claimed that Mr. Trenton Parker is responsible for everything involving the ranch property by default because he failed to appear (along with a number of others) at the trial during Christmas week. Does that mean that if the Weld County Attorney had also alleged that Mr. Parker was the owner and manager of the Golden Gate Bridge, the Statue of Liberty and the Colorado State Capital Building that he would automatically be declared to be the true owner, as a matter of law, of the bridge, the statue and the building - because Mr Parker( or anyone else) failed to answer or appear because of a crooked lying attorney by the name of Brian Larson. 29) I understand that every single piece of equipment on the ranch property has been declared to be in violation of some code or it has been determined to be"JUNK" even though no one from Weld County has ever "actually" ever talk to anyone; or has ever "actually" been on the ranch property; or, has ever "actually" inspected anything. The only thing I can say is that, I hope what you have done to us, never happens to any of you, because you will not like it vary much. The facts stated h rein are t e and cor ct to the best of my knowledge and are made under oath this day of 7 , 2009.. lM4ijorie A. Kessling / d Je DO 4, F • .51 c (l c j( , 4 CI( �'9);%A�s LAG PD I �OF COLON C : I *Commission Expires 09120('1n9 , 1 I ht �, V el , t ,A (t i r (` "' ! !LC`I !L '_s' /7 �f\J `)SC /i ( i I `); .,t k-LA 'Lfi r ✓� 1 4 l � '✓/ !I /. OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE I,Bernie Buescher, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, RIO GRANDE CANYON PROPERTIES,INC. is a Corporation formed or registered on 09/21/1990 under the law of Colorado,has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 19901088992. This certificate reflects facts established or disclosed by documents delivered to this office on paper through 03/19/2010 that have been posted, and by documents delivered to this office electronically through 03/24/2010 @ 12:12:10. I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated, issued, delivered and communicated this official certificate at Denver, Colorado on 03/24/2010 @ 12:12:10 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation Number 7608221. isic Ho cil -.i. . i 8 1 et Ce,,,Lot. (-go"cle c--- Secretary of State of the State of Colorado *********************************************End of Certificate******************************************** Notice:A certificate issued electronically from the Colorado Secretary of State's Web site is fully and immediately valid and effective. However, as an option,the issuance and validity of a certificate obtained electronically may be established by visiting the Certificate Confirmation Page of the Secretary of State's Web site, hnpr/Avww.sos.state.co.us/bit/C'ertificateSearrhCriteria.da entering the certificate's confirmation number displayed on the certificate, and following the instructions displayed. Con firmine the issuance of a certificate is merely optional and is not rscessary to the valid and effective issuance of a certificate. For more information,visit our Web site, http:/A inv..os.state.co.us/click Business Center and select"Frequently Asked Questions." CERT GS_D Revised 08/20/2008 §_g__ 111111111111111111 I1111111111111111111111111111 14606 07/02/2008ony, CO I"I 1 0l 3 R 16.00 D 0.00 Weld County, CO tau 00 Steve More DD' Made this nor Clerk$Recorder �F!$ —Recorder. Laud day of July between �e $erelopmeat Com 20Q6 p 3. Inc of the the first part,and County of MIMS end State redo of• Rio C rkT °f Colo Of the can:iron _ County of Coat ,o-e "Perties 1hQJr 'vVITNE$5 $ That bile end State of the said Part Colorado, of "ea Doti J of the first pert,for an w part: to the said part 7 ars gad other good and d in faith ration of she sup, of Brant,bargainof the first ' herehroonfeased acknowledged, p °d Paid by the a8:d °alttable consideration D°ibA8e,con heirs and ding forever.ail d cOottm.onto th ad, gold end.cifthe second part, the Cemity of 4�el following dascHbed ,,,,_ the aseoad witvey�.and by these receipt wbe1�f is -""s�adcot Pert. Presents See and State of Colorado, to-wit: of laild.Situate' ituate firing and being Exhibit m the part 4 attached art hereo hereto gad made a a TOGEjgE@ with all t and p hee naininm 'ee era and_and ar the h mte e9aitq.of,in sad to t futt'8a�iaedaj dam@ o la a°matapa�tr td+eevto bal°ngips; p gee, with the f the said Pate e.llama d�Pba8La "riga hededi of thereof; Yo,dfry, W. ®t8 and appurtenances. efthet. b iter—Per PaWsavaile sheaa'L_ a+Wf°rd PaEly6 lar Oa.11124-IS Stoat g 4 Donor. _'."Sao__ILts 1111111111111111111111111111111111119111111 3564605 0110212006 03.23P 2 of 3 R 16110 D 0.00 Steve Moreno Clerk&RecoMer TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances, unto the said part 7 of the second part, its heirs and assigns forever. And the said part 7 of the first part, for it eel ! heirs, executors, and administrators, do as covenant, grant, bargain and agree to and with the said part y of the second Part, its heirs and i1ssigns, that at the time of the unsealing and delivery of these presents and being' seised of the premises above conveyed, ae of good, sore, perfect, absolute and indefeasible estate of inheritance,in law, in fee simple, and ha to good right,full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever. and the above bargained premises in the quiet and peaceable possession of the said part 7 of the second part, iteheirs and assigns against all end every person or persons lawfully claiming or to claim the whole or any part thereof,the said part 7 of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF,the said peril. of the first part ha s h .to set iteiand and seal on the day and year a written. Signed, sealed and Delivered in Presence . ... _ ... .... ..___._._..._..._._-...._..-_[SEAT.] Trenton Ho Parker r. [SEAL] General Manager _....-'—'-------'-- ---'-' ---.[SEAL I+aad--&awe-Be�opeeat—flomP�7 i--'fie ] STATE OF COLORADO, 1 as. County of The foregoing instrument was acknowledged before me this 14th day of Ju17i 2006 , by Treats, H. Parker My commission expires Witness my band and official seaL O 037/2010 NOTARY Tr libof r - 110111111 1111 IME 11111111111111111111111 l it t V I I I 3564505 07/02/2008 03:23P Weld County, CO 3 of 3 R 16.00 D 0.00 Steve Moreno Clerk& Recorder Exhibit A Beginning at the West 1/4 corner of Section 24,Township 1 North,Range 66 West of the 6"'P.M., thence North 00°00'01' East along the West line of the Northwest 1/4 said Section 24,2633.63 feet to the Northwest comer of said Section 24;thence North 89°34'05"East,along the Northam of the Northwest'/,said Section 24 750.57 feet thence South 00°27'17"East,521.49 feet;thence South 00°00'01"West,2114.30 feet to the South line of Northwest 1/4 said Section 24;thence South 89°44'01"West along the South line of Northwest '/4 said Section 24, 754.70 feet to The Point of Beginning, County of Weld, State of Colorado. The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission. (LC50-5-09)(Mandatory 7-09) 1 THIS IS A BINDING CONTRACT. THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD 2 CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. ': :• 3 Compensation charged by real estate brokerage firms is not set by law. Such charges are established by each real estate brokerage 4 firm. 5 6 DIFFERENT BROKERAGE RELATIONSHIPS ARE AVAILABLE WHICH INCLUDE BUYER AGENCY,SELLER 7 AGENCY OR TRANSACTION-BROKERAGE. 8 9 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT 10 11 12 )8( SELLER AGENCY O TRANSACTION-BROKERAGE 13 Date: 11/05/10 14 1. AGREEMENT. Seller and Brokerage Firm enter into this exclusive, irrevocable contract (Seller Listing Contract) as of the 15 date set forth above. 16 17 2. BROKER AND BROKERAGE FIRM. 18 O 2.1 Multiple-Person Firm.If this box is checked,the individual designated by Brokerage Firm to serve as the broker of Seller 19 and to perform the services for Seller required by this Seller Listing Contract is called Broker. If more than one individual is so 20 designated, then references in this Seller Listing Contract to Broker shall include all persons so designated, including substitute or 21 additional brokers. The brokerage relationship exists only with Broker and does not extend to the employing broker,Brokerage Firm or 22 to any other brokers employed or engaged by Brokerage Firm who are not so designated. 23 % 2.2 One-Person Firm. If this box is checked, Broker is a real estate brokerage firm with only one licensed natural person. 24 References in this Seller Listing Contract to Broker or Brokerage Firm mean both the licensed natural person and brokerage firm who 25 shall serve as the broker of Seller and perform the services for Seller required by this Seller Listing Contract. 26 27 3. DEFINED TERMS. Rio Grande Properties, Inc 28 3.1 Seller: 29 30 3.2 Brokerage Firm: David D. Hill, Realton 31 32 3.3 Broker: David D. Hill 33 34 3.4 Property.The Property is the following legally described real estate in the County of Weld 35 Colorado: 36 County Road, B and 35 (see exibit A) 37 38 39 known as No. City State Zip 40 Street Address 41 42 together with the interests,easements,rights,benefits, improvements and attached fixtures appurtenant thereto,and all interest of 43 Seller in vacated streets and alleys adjacent thereto,except as herein excluded. 44 3.5 Sale 45 3.5.1 A Sale is the voluntary transfer or exchange of any interest in the Property or the voluntary creation of the 46 obligation to convey any interest in the Property,including a contractor lease. It also includes an agreement 47 to transfer any ownership interest in an entity which owns the Property. 48 O 3.5.2 If this box is checked,Seller authorizes Broker to negotiate leasing the Property.Lease of the Property or 49 Lease means any lease of an interest in the Property. and shall 50 3.6 Listing Period. The Listing Period of this Seller Listing Contract shall begin on 11/06/10 continue 51 continue through the earlier of(1)completion of the Sale of the Property or(2) 05/06/11 Broker sha 52 to assist in the completion of any transaction for which compensation is payable to Brokerage Firm under§7 of this Seller 53 Listing Contract. 54 3.7 Applicability of Terms. A check or similar mark in a box means that such provision is applicable. The abbreviation 55 "N/A" or the word"Deleted" means not applicable. The abbreviation "MEC" (mutual execution of this contract)means LC50-5-09 Exclusive Right-to-Sell Listing Contract Initials ___ Page 1 of 9 , 10 56 the latest date upon which both parties have signed this Seller Listing Contract. 57 3.8 Day;Computation of Period of Days,Deadline. 58 3.8.1 Day.As used in this Seller Listing Contact,the term"day" shall mean the entire day ending at 11:59 p.m., 59 United States Mountain Time(Standard or Daylight Savings as applicable). 60 3.8.2 Computation of Period of Days, Deadline. In computing a period of days, when the ending date is not 61 specified, the first day is excluded and the last day is included,e.g., three days after MEC. If any deadline 62 falls on a Saturday, Sunday or federal or Colorado state holiday (Holiday), such deadlineXShall o Shall 63 not be extended to the next day that is not a Saturday, Sunday or Holiday. Should neither box be checked, 64 the deadline shall not he extended. 65 4. BROKERAGE RELATIONSHIP. 66 4.1 If the Seller Agency box at the top of page 1 is checked,Broker shall represent Seller as a Seller's limited agent(Seller's 67 Agent). If the Transaction-Brokerage box at the top of page 1 is checked,Broker shall act as a Transaction-Broker. 68 4.2 In-Company Transaction — Different Brokers. When Seller and buyer in a transaction are working with different 69 brokers, those brokers continue to conduct themselves consistent with brokerage relationships they have established. Seller 70 acknowledges that Brokerage Firm is allowed to offer and pay compensation to brokers within Brokerage Firm working with a buyer. 71 4.3 In-Company Transaction — One Broker. If Seller and buyer are both working with the same broker, Broker shall 72 function as: 73 4.3.1 Seller's Agent. If the Seller Agency box at the top of page 1 is checked,the parties agree the following applies: 74 4.3.1.1 Seller Agency Only.Unless the box in§4.3.1.2(Seller Agency Unless Brokerage Relationship with Both)is 75 checked,Broker shall represent Seller as Seller's Agent and shall treat the buyer as a customer. A customer is a party to a transaction 76 with whom Broker has no brokerage relationship. Broker shall disclose to such customer Broker's relationship with Seller. 77 O 4.3.1.2 Seller Agency Unless Brokerage Relationship with Both. If this box is checked,Broker shall represent Seller 78 as Seller's Agent and shall treat the buyer as a customer, unless Broker currently has or enters into agency or Transaction-Brokerage 79 relationship with the buyer,in which case Broker shall act as a Transaction-Broker. 80 4.3.2 Transaction-Broker. If the Transaction-Brokerage box at the top of page 1 is checked, or in the event neither box is 81 checked, Broker shall work with Seller as a Transaction-Broker. A Transaction-Broker shall perform the duties described in § 5 and 82 facilitate sales transactions without being an advocate or agent for either party. If Seller and buyer are working with the same broker, 83 Broker shall continue to function as a Transaction-Broker. 84 85 5. BROKERAGE DUTIES. Brokerage Firm, acting through Broker, acting as either Transaction-Broker or a Seller's Agent, 86 shall perform the following Uniform Duties when working with Seller: 87 5.1 Broker shall exercise reasonable skill and care for Seller,including,but not limited to the following: 88 5.1.1 Performing the terms of any written or oral agreement with Seller; 89 5.1.2 Presenting all offers to and from Seller in a timely manner regardless of whether the Property is subject to a contract 90 for Sale; 91 5.13 Disclosing to Seller adverse material facts actually known by Broker; 92 5.1.4 Advising Seller regarding the transaction and advising Seller to obtain expert advice as to material matters about 93 which Broker knows but the specifics of which are beyond the expertise of Broker; 94 5.1.5 Accounting in a timely manner for all money and property received;and 95 5.1.6 Keeping Seller fully informed regarding the transaction. 96 5.2 Broker shall not disclose the following information without the informed consent of Seller: 97 5.2.1 That Seller is willing to accept less than the asking price for the Property; 98 5.2.2 What the motivating factors are for Seller to sell the Property; 99 5.2.3 That Seller will agree to finance terms other than those offered; 100 5.2.4 Any material information about Seller unless disclosure is required by law or failure to disclose such information 101 would constitute fraud or dishonest dealing;or 102 5.2.5 Any facts or suspicions regarding circumstances that could psychologically impact or stigmatize the Property. 103 5.3 Seller consents to Broker's disclosure of Seller's confidential information to the supervising broker or designee for the 104 purpose of proper supervision,provided such supervising broker or designee shall not further disclose such information without consent 105 of Seller,or use such information to the detriment of Seller. 106 5.4 Brokerage Firm may have agreements with other sellers to market and sell their property. Broker may show alternative 107 properties not owned by Seller to other prospective buyers and list competing properties for sale. 108 5.5 Broker shall not be obligated to seek additional offers to purchase the Property while the Property is subject to a contract 109 for Sale. 110 5.6 Broker has no duty to conduct an independent inspection of the Property for the benefit of a buyer and has no duty to 111 independently verify the accuracy or completeness of statements made by Seller or independent inspectors. Broker has no duty to 112 conduct an independent investigation of a buyer's financial condition or to verify the accuracy or completeness of any statement made 113 by a buyer. 114 5.7 Seller understands that Seller shall not be liable for Broker's acts or omissions that have not been approved, directed or 115 ratified by Seller. 116 5.8 When asked,Broker o Shall o Shall not disclose to prospective buyers and cooperating brokers the existence of offers on 117 the Property and whether the offers were obtained by Broker,a broker within Brokerage Firm or by another broker. 118 LC50-5-09 Exclusive Right-to-Sell Listing Contract Initials Page 2 of e 119 6. ADDITIONAL DUTIES OF SELLER'S AGENT. If the Seller Agency box at the top of Page 1 is checked, Broker is 120 Seller's Agent,with the following additional duties: 121 6.1 Promoting the interests of Seller with the utmost good faith,loyalty and fidelity. 122 6.2 Seeking a price and terms that are set forth in this Seller Listing Contract. 123 6.3 Counseling Seller as to any material benefits or risks of a transaction that are actually known by Broker. 124 125 126 7. COMPENSATION TO BROKERAGE FIRM; COMPENSATION TO COOPERATIVE BROKER. Seller agrees that 127 any Brokerage Firm compensation that is conditioned upon the Sale of the Property shall be earned by Brokerage Finn as set forth herein 128 without any discount or allowance for any efforts made by Seller or by any other person in connection with the Sale of the Property. 129 7.1 Amount. In consideration of the services to be performed by Broker,Seller agrees to pay Brokerage Firm as follows: 130 7.1.1 Sale Commission.(1) 10 %of the gross purchase price,or 131 (2) ,in U.S.dollars. 132 7.1.2 Lease Commission.If the box in §3.5.2 is checked,Brokerage Firm shall be paid a fee equal to(t)_ 133 of the gross rent under the lease,or(2) , in U.S. dollars, 134 payable as follows: 135 7.2 When Earned. Such commission shall be earned upon the occurrence of any of the following: 136 7.2.1.Any Sale of the Property within the Listing Period by Seller,by Broker or by any other person; 137 7.2.2.Broker finding a buyer who is ready,willing and able to complete the transaction as specified herein by Seller;or 138 7.2.3.Any Sale(or Lease if§3.5.2 is checked)of the Property within 90 calendar days subsequent to the 139 expiration of the Listing Period(Holdover Period)to anyone with whom Broker negotiated and whose name was submitted,in writing, 140 to Seller by Broker during the Listing Period (including any extensions thereof). However, Seller o Shall o Shall not owe the 141 commission to Brokerage Firm under this § 7.2.3 if a commission is earned by another licensed real estate brokerage firm acting 142 pursuant to an exclusive agreement entered into during the Holdover Period.If no box is checked above in this§7.2.3,then(Shall Not) 143 shall apply and Seller shall not owe the commission to Brokerage Firm. 144 73 When Applicable and Payable. The commission obligation shall apply to a Sale made during the Listing Period or any 145 extension of such original or extended term. The commission described in§7.1.1 shall be payable at the time of the closing of the Sale, 146 or, if there is no closing(due to the refusal or neglect of Seller)then on the contracted date of closing,as contemplated by§ 7.2.1 or§ 147 7.2.3,or upon fulfillment of§7.2.2 where the offer made by such buyer is not accepted by Seller. 148 7.4 Other Compensation. 149 7.5 Cooperative Broker Compensation.Broker shall seek assistance from,and Brokerage Firm offers compensation to,outside 150 brokerage firms,whose brokers are acting as: 151 %Buyer Agents: 5 %of the gross sales price or .in U.S.dollars. 152 *Transaction-Brokers: 5 %of the gross sales price or ,in U.S.dollars. 153 154 8. LIMITATION ON THIRD-PARTY COMPENSATION.Neither Broker nor the Brokerage Firm,except as set forth in§ 7, 155 shall accept compensation from any other person or entity in connection with the Property without the written consent of Seller. 156 Additionally,neither Broker nor Brokerage Firm shall assess or receive mark-ups or other compensation for services performed by any 157 third party or affiliated business entity unless Seller signs a separate written consent. 158 159 9. OTHER BROKERS' ASSISTANCE, MULTIPLE LISTING SERVICES (MLS) AND MARKETING. Seller has been 160 advised by Broker of the advantages and disadvantages of various marketing methods, including advertising and the use of MLS and 161 various methods of making the Property accessible by other brokerage firms(e.g., using lock boxes, by-appointment-only showings, 162 etc.),and whether some methods may limit the ability of another broker to show the Property.After having been so advised, Seller has 163 chosen the following(check all that apply): 164 9.1 MLS/Information Exchange. 165 9.1.1 The Propertyg Shall 0 Shall Not be submitted to one or more multiple listing services and❑Shall ❑ Shall Not 166 be submitted to one or more property information exchanges.If submitted,Seller authorizes Broker to provide timely notice of 167 any status change to such multiple listing services and information exchanges. Upon transfer of deed from Seller to buyer, 168 Seller authorizes Broker to provide sales information to such multiple listing services and information exchanges. 169 9.1.2 Seller authorizes the use of electronic and all other marketing methods except: 170 9.13 Seller further authorizes use of the data by multiple listing services and property information exchanges,if any. 171 9.1.4 The Property Address}S Shall 0 Shall Not be displayed on the Internet. 172 9.1.5 The Property Listing%Shall 0 Shall Not be displayed on the Internet. 173 9.2 Property Access.Access to the Property may be by: 174 ❑Lock Box 175 0 176 Other instructions: 177 93 Broker Marketing.The following specific marketing tasks shall be performed by Broker: 178 179 LC50-5-09 Exclusive Right-to-Sell Listing Contract Initials __ Page 3 ot9 IVs* 180 181 9.4 Brokerage Services.The Broker shall provide brokerage services to the Seller. 182 183 184 10. SELLER'S OBLIGATIONS TO BROKER;DISCLOSURES AND CONSENT. 185 10.1 Negotiations and Communication. Seller agrees to conduct all negotiations for the Sale of the Property only through 186 Broker,and to refer to Broker all communications received in any form from real estate brokers,prospective buyers,tenants or any other 187 source during the Listing Period of this Seller Listing Contract. 188 10.2 Advertising. Seller agrees that any advertising of the Property by Seller(e.g.,Internet, print and signage) shall first be 189 approved by Broker. 190 10.3 No Existing Listing Agreement. Seller represents that Seller O Is O Is Not currently a party to any listing agreement 191 with any other broker to sell the Property. 192 10.4 Ownership of Materials and Consent. Seller represents that all materials (including all photographs, renderings, 193 images or other creative items)supplied to Broker by or on behalf of Seller are owned by Seller,except as Seller has disclosed in writing 194 to Broker. Seller is authorized to and grants to Broker, Brokerage Firm and any multiple listing service (that Broker submits the 195 Property to)a nonexclusive irrevocable,royalty-free license to use such material for marketing of the Property,reporting as required and 196 the publishing,display and reproduction of such material,compilation and data. This license shall survive the termination of this Seller 197 Listing Contract. 198 10.5 Colorado Foreclosure Protection Act. The Colorado Foreclosure Protection Act(Act) generally requires that (I)the 199 Property is residential,(2)any loan secured by the Property is at least thirty days delinquent or in default,and(3)Buyer does not reside 200 in the Property for at least one year and(4)Buyer is subject to the Act.If all requirements 1, 2, 3 and 4 are met and the Act otherwise 201 applies,then a contract,between Buyer and Seller for the sale of the Property,that complies with the provisions of the Act is required. 202 Therefore, if the Act applies, Seller agrees that Broker is not authorized to prepare such a contract for the sale of the Property. It is 203 recommended that an attorney prepare the required documents. 204 205 11. PRICE AND TERMS.The following Price and Terms are acceptable to Seller: 206 11.1 Price.U.S.$ 500,000.00 207 11.2 Terms. % Cash % Conventional O FHA O VA 208 O Other: 209 11.3 Loan Discount Points. 210 11.4 Buyer's Closing Costs(FHA/VA). Seller shall pay closing costs and fees,not to exceed$ 211 that Buyer is not allowed by law to pay,for tax service and 212 11.$ Earnest Money. Minimum amount of earnest money deposit U.S.$ 10,000.00 in the form of 213 214 %Cashier's ( 11.6 Seller Proceeds. Seller will receive net proceeds of closing as indicated: 215 % Check at Seller's expense;%Funds Electronically Transferred (Wire Transfer)to an account specified by Seller, at 216 Seller's expense;or%Closing Company's Trust Account Check. 217 11.7 Advisory: Tax Withholding. The Internal Revenue Service and the Colorado Department of Revenue may require 218 closing company to withhold a substantial portion of the proceeds of this Sale when Seller either(1)is a foreign person or(2)will not be 219 a Colorado resident after closing. Seller should inquire of Seller's tax advisor to determine if withholding applies or if an exemption 220 exists. 221 222 12. DEPOSITS.Brokerage Firm is authorized to accept earnest money deposits received by Broker pursuant to a proposed Sale 223 contract. Brokerage Firm is authorized to deliver the earnest money deposit to the closing agent, if any, at or before the closing of the 224 Sale contract. 225 226 13. INCLUSIONS AND EXCLUSIONS. 227 13.1 Inclusions. The Purchase Price includes the following items(Inclusions): 228 13.1.1 Fixtures. If attached to the Property on the date of this Seller Listing Contract, lighting, heating, plumbing, 229 ventilating, and air conditioning fixtures, TV antennas, inside telephone, network and coaxial (cable) wiring and connecting 230 blocks/jacks, plants, mirrors, floor coverings, intercom systems, built-in kitchen appliances, sprinkler systems and controls, built-in 231 vacuum systems(including accessories),garage door openers including remote controls:and 232 233 234 235 236 237 238 13.1.2 Personal Property. If on the Property whether attached or not on the date of this Seller Listing Contract: storm 239 windows, storm doors, window and porch shades, awnings, blinds, screens, window coverings, curtain rods, drapery rods, fireplace 240 inserts,fireplace screens,fireplace grates,heating stoves,storage sheds,and all keys. If checked,the following are included; O Water 241 Softeners O Smoke/Fire Detectors O Security Systems O Satellite Systems(including satellite dishes);and LCS0-5-09 Exclusive Right-to-Sell Listing Contract Initials Page 4 of 9 1 242 243 244 245 246 The Personal Property to be conveyed at closing shall be conveyed by Seller free and clear of all taxes (except personal 247 property taxes for the year of closing),liens and encumbrances,except 248 249 250 251 252 Conveyance shall be by bill of sale or other applicable legal instrument. 253 13.1.3 Trade Fixtures.The following trade fixtures: 254 255 256 257 258 The Trade Fixtures to be conveyed at closing shall be conveyed by Seller, free and clear of all taxes(except personal property 259 taxes for the year of closing),liens and encumbrances,except 260 261 262 263 264 Conveyance shall be by bill of sale or other applicable legal instrument. 265 13.1.4 Parking and Storage Facilities.DUse Only ❑Ownership of the following parking facilities: 266 ; and DUse Only ❑Ownership of the 267 following storage facilities: 268 269 270 271 13.1.5 Water Rights. The following legally described water rights: 272 273 274 275 276 277 Any water rights shall be conveyed by deed or other applicable legal instrument. The Well Permit# 278 is 279 13.1.6 Growing Crops:The following growing crops: 280 281 282 283 284 285 13.2 Exclusions.The following are excluded(Exclusions): 286 287 288 289 290 291 292 14. TITLE AND ENCUMBRANCES. Seller represents to Broker that title to the Property is solely in Seller's name.Seller shall 293 deliver to Broker true copies of all relevant title materials, leases, improvement location certificates and surveys in Seller's possession 294 and shall disclose to Broker all easements,liens and other encumbrances,if any,on the Property,of which Seller has knowledge. Seller 295 authorizes the holder of any obligation secured by an encumbrance on the Property to disclose to Broker the amount owing on said 296 encumbrance and the terms thereof. In case of Sale, Seller agrees to convey, by a 297 warranty deed,only that title Seller has in the Property. Property shall be conveyed free 298 and clear of all taxes,except the general taxes for the year of closing. 299 All monetary encumbrances (such as mortgages, deeds of trust, liens, financing statements) shall be paid by Seller and 300 released except as Seller and buyer may otherwise agree.Existing monetary encumbrances are as follows: 301 302 303 304 LC50-5-09 Exclusive Right-to-Sell Listing Contract Initials Page5 of 9 305 The Property is subject to the following leases and tenancies: 306 307 308 309 310 If the Property has been or will be subject to any governmental liens for special improvements installed at the time of signing a 311 Sale contract, Seller shall be responsible for payment of same, unless otherwise agreed. Brokerage Firm may terminate this Seller 312 Listing Contract upon written notice to Seller that title is not satisfactory to Brokerage Firm. 313 314 15. EVIDENCE OF TITLE. Seller agrees to furnish buyer, at Seller's expense, a current commitment and an owners title 315 insurance policy in an amount equal to the Purchase Price in the form specified in the Sale contract, or if this box is checked, O An 316 Abstract of Title certified to a current date. 317 318 16. ASSOCIATION ASSESSMENTS. Seller represents that the amount of the regular owners' association assessment is 319 currently payable at$ per and that there are no unpaid regular or special 320 assessments against the Property except the current regular assessments and except 321 322 Seller agrees to promptly request the owners' association to deliver to buyer before date of closing a current statement of assessments 323 against the Property. 324 325 17. POSSESSION. Possession of the Property shall be delivered to buyer as follows: 326 327 subject to leases and tenancies as described in§ 14. 328 329 18. MATERIAL DEFECTS,DISCLOSURES AND INSPECTION. 330 18.1 Broker's Obligations. Colorado law requires a broker to disclose to any prospective buyer all adverse material facts 331 actually known by such broker including but not limited to adverse material facts pertaining to the title to the Property and the physical 332 condition of the Property,any material defects in the Property,and any environmental hazards affecting the Property which are required 333 by law to be disclosed. These types of disclosures may include such matters as structural defects, soil conditions,violations of health, 334 zoning or building laws, and nonconforming uses and zoning variances. Seller agrees that any buyer may have the Property and 335 Inclusions inspected and authorizes Broker to disclose any facts actually known by Broker about the Property. 336 18.2 Seller's Obligations. 337 18.2.1 Seller's Property Disclosure Form.A seller is not required by law to provide a written disclosure of adverse matters 338 regarding the Property. However,disclosure of known material latent(not obvious)defects is required by law.Seller❑Agrees 339 ❑Does Not Agree to provide a Seller's Property Disclosure form completed to the best of Seller's current,actual knowledge. 340 18.2.2 Lead-Based Paint. Unless exempt, if the improvements on the Property include one or more residential dwellings 341 for which a building permit was issued prior to January 1, 1978,a completed Lead-Based Paint Disclosure(Sales)form must be signed 342 by Seller and real estate licensees,and given to any potential buyer in a timely manner. 343 18.2.3 Carbon Monoxide Alarms. Note: If the improvements on the Property have a fuel-fired heater or appliance, a 344 fireplace,or an attached garage and one or more rooms lawfully used for sleeping purposes(Bedroom),Seller understands that Colorado 345 law requires that Seller assure the Property has an operational carbon monoxide alarm installed within fifteen feet of the entrance to each 346 Bedroom or in a location as required by the applicable building code,prior to the offering the Property for sale or lease. 347 348 18.3 Right of Broker to Terminate.Although Broker has no obligation to investigate or inspect the Property,and no duty to 349 verify statements made, Broker shall have the right to terminate this Seller Listing Contract if the physical condition of the Property, 350 Inclusions,any proposed or existing transportation project,road,street or highway,or any other activity,odor or noise(whether on or off 351 the Property)and its effect or expected effect on the Property or its occupants,or if any facts or suspicions regarding circumstances that 352 could psychologically impact or stigmatize the Property are unsatisfactory to Broker. 353 354 19. FORFEITURE OF PAYMENTS. In the event of a forfeiture of payments made by a buyer, the sums received shall be 355 divided between Brokerage Firm and Seller, one-half thereof to Brokerage Firm but not to exceed the Brokerage Firm compensation 356 agreed upon herein, and the balance to Seller. Any forfeiture of payment under this section shall not reduce any Brokerage Firm 357 compensation owed,earned and payable under§7. 358 359 20. COST OF SERVICES AND REIMBURSEMENT.Unless otherwise agreed upon in writing, Brokerage Firm shall bear all 360 expenses incurred by Brokerage Firm, if any,to market the Property and to compensate cooperating brokerage firms, if any. Neither 361 Broker nor Brokerage Firm shall obtain or order any other products or services unless Seller agrees in writing to pay for them promptly 362 when due (examples: surveys, radon tests, soil tests, title reports, engineering studies). Unless otherwise agreed, neither Broker nor 363 Brokerage Firm shall be obligated to advance funds for the benefit of Seller in order to complete a closing. Seller shall reimburse 364 Brokerage Firm for payments made by Brokerage Firm for such products or services authorized by Seller. 365 366 21. DISCLOSURE OF SETTLEMENT COSTS. Seller acknowledges that costs, quality, and extent of service vary between LC50-5-09 Exclusive Right-to-Sell Listing Contract Initials Page 6 of 9 367 different settlement service providers(e.g.,attorney,lenders,inspectors and title companies). 368 369 22. MAINTENANCE OF THE PROPERTY. Neither Broker nor Brokerage Finn shall be responsible for maintenance of the 370 Property nor shall they be liable for damage of any kind occurring to the Property, unless such damage shall be caused by their 371 negligence or intentional misconduct. 372 373 23. NONDISCRIMINATION. The parties agree not to discriminate unlawfully against any prospective buyer because of the 374 race, creed,color,sex,sexual orientation,marital status,familial status,physical or mental disability,handicap,religion,national origin 375 or ancestry of such person. 376 377 24. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document, Seller acknowledges that Broker 378 has advised that this document has important legal consequences and has recommended consultation with legal and tax or other counsel 379 before signing this Seller Listing Contract. 380 381 25. MEDIATION. If a dispute arises relating to this Seller Listing Contract, prior to or after closing, and is not resolved, the 382 parties shall first proceed in good faith to submit the matter to mediation. Mediation is a process in which the parties meet with an 383 impartial person who helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. The 384 parties to the dispute must agree, in writing, before any settlement is binding. The parties will jointly appoint an acceptable mediator 385 and will share equally in the cost of such mediation. The mediation, unless otherwise agreed, shall terminate in the event the entire 386 dispute is not resolved within 30 calendar days of the date written notice requesting mediation is delivered by one party to the other at 387 the party's last known address. 388 389 26. ATTORNEY FEES. In the event of any arbitration or litigation relating to this Seller Listing Closing,the arbitrator or court 390 shall award to the prevailing party all reasonable costs and expenses,including attorney and legal fees. 391 392 27. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate 393 Commission.) 394 Subject to release of Les Pendes by Weld County 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 LC50-5-09 Exclusive Right-to-Sell Listing Contract Initials Page 7 of 9 430 431 432 433 434 435 436 437 438 439 440 441 442 28. ATTACHMENTS.The following are a part of this Seller Listing Contract: 443 444 445 446 447 448 29. NO OTHER PARTY OR INTENDED BENEFICIARIES. Nothing in this Seller Listing Contract shall be deemed to inure 449 to the benefit of any person other than Seller,Broker and Brokerage Firm. 450 451 30. NOTICE,DELIVERY AND CHOICE OF LAW. 452 30.1 Physical Delivery. All notices must be in writing, except as provided in § 30.2. Any document, including a signed 453 document or notice,delivered to the other party to this Seller Listing Contract, is effective upon physical receipt.Delivery to Seller shall 454 be effective when physically received by Seller, any signator on behalf of Seller, any named individual of Seller or representative of 455 Seller. 456 30.2 Electronic Delivery. As an alternative to physical delivery, any document, including any signed document or written 457 notice may be delivered in electronic form by the following indicated methods only: OFacsimile OEmail Olnternet ONo 458 Electronic Delivery. Documents with original signatures shall be provided upon request of any party. 459 303 Choice of Law.This Seller Listing Contract and all disputes arising hereunder shall be governed by and construed in 460 accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in this state for 461 property located in Colorado. 462 463 31. MODIFICATION OF THIS LISTING CONTRACT. No subsequent modification of any of the terms of this Seller Listing 464 Contract shall be valid,binding upon the parties,or enforceable unless made in writing and signed by the parties. 465 466 32. COUNTERPARTS. If more than one person is named as a Seller herein,this Seller Listing Contract may be executed by each 467 Seller, separately,and when so executed, such copies taken together with one executed by Broker on behalf of Brokerage Firm shall be 468 deemed to be a full and complete contract between the parties. 469 470 33. ENTIRE AGREEMENT. This agreement constitutes the entire contract between the parties, and any prior agreements, 471 whether oral or written,have been merged and integrated into this Seller Listing Contract. 472 473 34. COPY OF CONTRACT. Seller acknowledges receipt of a copy of this Seller Listing Contract signed by Broker, including 474 all attachments. 475 476 Brokerage Fi authorizesthorizes Broker to execute this Seller Listing Contract on behalf of Brokerage Firm. 477 478 Date: A `�H j te: 479 Seller's Name / o e k r s Name David D Hill Seller's Signature • Broker's Signature Address: Address2485 So. Fillmore St. Denver. CO 80210 neNo.: ��sig, 1319A19/ PhoneNo.: 720-334-1946 Lleerecs„ - tut 3 (5,0 Fax No.: 303-991-6039 • rt,t'r • Cc: %t � tot 04. 0^�. t �L050. clsi�Rief Sell Listing Contract Initials /�I'� So[ 47; IM s�e4,ry�D b.•'*,,,�. Email Address: Email Address: 480 Seller's Name Brokerage Firm's Name: David D Hill Realton Seller's Signature Address:2485 So Fillmore St Denver, CO 80210 Address: Phone No.: Phone No: 720-334-1946 Fax No.: Fax No.: 303-991-6039 Email Address: Email Address: dhillconsultant@msn.com LC50-5-09 Exclusive Right-to-Sell Listing Contract Initials Page 9 of 9 _,9, '� A. Exhibit A Initials Hello