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Home My WebLink About20112825.tiff • Prudential Rky Mtn, REALTORS riGreeley Office 4673 W.20th St. #B Greeley,CO 80634 Office: 970-351-0090 FAX:970-351-6424 I I The printed ponions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission. 2 I (CP40-8-10)(Mandatory I-II) 3 4 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR 5 OTHER COUNSEL BEFORE SIGNING. 6 7 COUNTERPROPOSAL 8 9 Date: Nay 10, 2011 10 II 1. This Counterproposal shall supersede and replace any previous counterproposal. This Counterproposal amends the proposed 12 contract dated Nay 4, 2011 (Contract).between 13 Valentin Soto Gonzales and Niguel A. Llerenas (Seller)and Foster Trucking, Inc. (Buyer). relating to the sale and purchase 14 of the following legally described real estate in the County of Weld.Colorado: IS PT N2SN4 1 65 LOT A AEC IDENPT RE-4573 (.35D) and PT N 25N4 1 5 65 Lot B Rae Exempt Re-4573 (.45D) 16 17 23436 NCR 60.5 for county Greeley CO 80631 IS known as No. parcel numbers 096101300004 (Property). and 096101300003 09 Street Address City State Zip 20 21 2. §3. DATES AND DEADLINES.No Change 26 27 3. §4. PURCHASE PRICE AND TERMS. [Note: This table may be deleted if inapplicable] 28 The Purchase Price set forth below shall be payable in U.S. Dollars by Buyer as follows: Item No. Reference Item Amount Amount §4.1 Purchase Price $ 120,000 2 §4.2 Earnest Money :: $ 1,000.00 3 §4.5 New Loan No Change 4 §4.6 Assumption Balance • No Change 5 §4.7 Seller or Private Financing ,, No Change f6 No Change No Change No Change No Change i 7 No Change No Change No Change No Change li 8 §4.3 Cash at Closing nosnater119,000 9 TOTAL $ 120,000 $ 120,000 29 30 4. ATTACHMENTS. The following are a part of this Counterproposal: 31 No Change 32 33 34 Note: The following disclosure forms are attached but are not a part of this Counterproposal. 35 No Change 36 3 • 7 CP4441.10.COUNTERPROPOSAL 5!10/2011 15:07 Page I of 2 All—asa5 S38 5. OTHER CHANGES. 39 No Change 42 43 6. ACCEPTANCE DEADLINE. This Counterproposal shall expire unless accepted in venting by Seller and Buyer as 44 evidenced by their signatures below and the offering party to this document receives notice of such acceptance on or before 45 Nay 12, 2011 6 p.a. . 46 Date Time 47 48 if accepted.the Contract,as amended by this Counterproposal.shall become a contract between Seller and Buyer. All other terms 49 and conditions of the Contract shall remain the same. 50 Buyer's Name: oat1757P - 52/4-// Buyer's Signatur Date Address: P.O. lox 513 Kersey, Co 80644 Phone No.. No Change Fax No.: No Change Electronic Address: No Chang. Bu►ec Nantes ry 1 t1 \t`, tr,..CilirA' , _ ') I t1 t I Buyer's Si na re Date y g Address. J No No Change Phone No No Change Fax No.: No Change • Electronic Address: No Change Seller's Name: ----- — — Seller's Signature Date Address: _ — — Phone No.: Fax No.:Electronic Address Seller's Name: Seller's Signature Date Address. —......... -Phone No.. — Fas No.: Electronic Address _.�...__._ Si Note: When this Counterproposal form is tised.the Contract is not to he signed by the party initiating this Counterproposal. ' 52 Brokers must complete and sign the Broker's Acknowledgements and Compensation Disclosure patio n of the Contract. 53 III CP404.10.COUNTERPROPOSAL 5/Ina.11I 15:07 Page 2oof2 • Prudential Rky Mtn.REALTORS Greeley Office 4673 W. 20th St. NB Greeley.CO 80634 Office: 970-35I-0090 FAX:970-351-6424 1 1 The pnnted portions of this form.except differentiated addition..hase been appmsed by the Colorado Real Estate Commission. 2 i ICBSI-8-10)(Mandator) 1-111 ; 4 THLS FOR31 HAS LMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT I.F.GA1.AND TAX OR 5 OTHER COUNSEL BEFORE SIGNING:. 6 7 CONTRACT TO BUY AND SELL REAL ESTATE 8 (LAND) 9 (❑ Property with No Residences) 10 (® Property with Residences—Residential Addendum Attached) II 12 Date: May 1, 2011 13 14 AGREEMENT IS 1. AGREEMENT. Buyer.identified in§2.1.agrees to buy.and Seller.identified in*2.3.agrees to sell.the Property described 16 below on the terms and conditions set forth in this contract{Contract I. 17 2. PARTIES AND PROPERTY. 18 2.1. Buyer. Buyer,Foster Trucking, Inc..will take title to the Property 19 described below as ❑ Joint Tenants ❑ Tenants In Common X Other Corporation. • 20 2.2. Assi&nabWty and Inurement This Contract E Shall Shall Not be assignable by Buyer without Seller's prior 21 written consent. Except as so restricted.this Contract shall inure to the benefit of and he binding upon the heirs.personal 22 representatives.successor and assigns of the parties 23 2.3. Seller Seller. Valentin Soto Gonzales and Miguel A. Llerenas. is the current ow nee of the 24 Property described below. 25 2.4. Property. The Property is the following legally descnbed real estate in the County of Weld.Colorado 26 PT N2SM4 1 65 LOT A RIC BXt#fi1PT Rt-1573 (.350) and PT N 2SM4 1 .5 65 Lot $ Roc txempt Re-4573 (.15D) 27 28 29 23136 NCR 60.5 for county Greeley CO 80631 . parcel numbers 096101300001 30 known as No. and 096101300003 Street Address City State Zip ;1 't2 together with the interests.easements.nghts.benefits.improvements and attached fixtures appurtenant thereto,and all interest of 33 Seller in vacated streets and alleys adjacent thereto.except as herein excluded t Property). 34 2.5. Inclusions. The Purchase Price includes the following items(Inclusions): 35 2.5.1. Fixtures. All fixtures attached to the Property on the date of this Contract. 36 Other Fixtures: None 38 ;9 if any fixtures are attached to the Property after the date of this Contract.such additional fixtures are also included in the Purchase 40 Price 41 25.2. Persooai Property. If on the Property whether attached or not on the date of this Contract: 42 Mona 43 44 Other Personal Property: Mater tap and sewer tap for Lot B only 46 • ('154419.CU: 1Y AND SELL REAL ESTATE(LAND) 5r4/2ot 1 19 3j Nix 1 of 16 sefer Welsh Seiler infidels 47 233. Trade Fixtures. With respect to trade fixtures.Seller and Buyer agree as tallowy • 48 Nons 49 50 The Trade Fixtures to be conveyed at Closing shall be conveyed by Seller free and clear of all taxes(except personal 51 property taxes for the year of Closing),liens and encumbrances,except N/A. 52 Conveyance shall be by bill of sale or other applicable legal instrument. 53 The Personal Property to be conveyed at Closing shall he conveyed by Seller free and clear of all taxes(except 54 personal property taxes for the year of Closing).hens and encumbrances.except N/A. 55 Conveyance shall be by bill of sale or other applicable legal instrument. 56 23.4. Water Rights,Water and Sewer Taps. The following legally descnbed water nghts: 57 No Natter rights included 58 _ 59 Any water nghts shall be conveyed by N/A Deed .__. Other applicable legal instrument. 60 2.5.4.1. if any water well is to be transferred to Buyer.Seller agrees to supply required information about 61 such well to Buyer. Buyer understands that if the well to be transferred is a Small Capacity Well or a Domestic Exempt Water 62 Well used for ordinary household purposes.Buyer shall,prior to or at Closing,complete a Change in Ownership form for the well. 63 If an existing well has not been registered with the Colorado Division of Water Resources in the Department of Natural Resources 64 (Division),Buyer shall complete a registration of existing well form for the well and pay the cost of registration. If no person will 65 be providing a closing service in connection with the transaction.Buyer shall file the form with the Division within sixty days alter 66 Closing.The Well Permit rr is N/A. 67 23.42. Water Stock Certificates: 68 N/A 69 70 2.5.4.3. Et Water Tap 3f' Sewer Tap 7 I Note: Buyer is advised to obtain,front the provider.written confirmation of the amount remaining to be paid.if any,time 72 and other restrictions for transfer and use of the tap. 73 2.5.5. Growing Crops. With respect to growing crops.Seller and Buyer agree as follows. 74 non* • 75 76 2.6. Exclusions. The following items are excluded(Exclusions): 77 all tenants personal property. Tx 79 3. DATES AND DEADLINES. item No.: Reference Event Date or Deadline I f 4.2.1 Alternative Earnest Money Deadline Nutural execution of contract Oar) + 5 Days Title and C1C §7.1 Title Deadline Ise + 10 Days 3 7.2 Exceptions Request Deadline N/A 4 §8.1 Title Objection Deadline —. IBC ♦ 15 Days 5 §8.2 Off-Record Matters Deadline Itt[C + 30 Days 6 §8.2 Off-Record Matters Objection Deadline IaC + 35 Days 7 §7.4.4.1 ' CIC Documents Deadline N/A 8 *7.4.5 CIC Documents Objection Deadline N/A 9 §8.6 Right of First Refusal Deadline N/A Seller's Property Disclosure 10 § 10.1 Seller's Property Disclosure Deadline N/A • C1 s4.$-N.CO. Y AND SELL REAL.ESTATE 11.AND) v4/2011 Iv a_ PAIN it, Bayer WNW' f fl Seder taiga, . " Loan and Credit • 1 I § 5.1 wan Application Deadline __...—� N/A 12 §5.2 • Loan Conditions Deadline N/A 13 ' §5.3 Buyer's Credit Information Deadline / - • 14 §5.3 Disapproval of Buyer's Credit Information Deadline N/A 15 §5.4 Existing Loan Documents Deadline N/A 16 §5.4 Existing Loan Documents Objection Deadline N/A 17 §5.4 Loan Transfer Approval Deadline N/A — Appraisal 18 §6 2.2 { Appraisal Deadline N/A 19 §6.2.2 Appraisal Objection Deadline i N/A i Survey §7 3 Surrey Deadline N/A 21 §8.3.2 Survey Objection Deadline N/A Inspection and Due Diligence 22 4 10.2 Inspection Objection Deadline N/A 23 4 10.3 Inspection Resolution Deadline N/A § 10.5 Property Insurance Objection Deadline N/A .— 25 410.6 Environmental Inspection Objection Deadline N/A _ 26 , § 10.6 ADA Evaluation Objection Deadline N/A 27 § 10.7 Due Diligence Documents Delivery Deadline NEC + 60 days - 28 § 10.8.1 Due Diligence Documents Objection Deadline NEC + 65 Days 29 § 11.2 Tenant Estoppel Statements Deadline MSC + 30 Days • 30 , § 11.3 Tenant Estoppel Statements Objection Deadline NEC + 35 Days Closing and Possession 31 § 12.3 Closing Date Closing date is contingent upon the 1 I issuance of Zoning • • change by Weld County + 30 days 32 § 12.1 Closing Documents Delivery Deadline N/A : 33 § F? Possession Date N/A 34 § 17 Possession Time N/A 35 §28 Acceptance Deadline Date Hay 9, 2011 ' 36 ' §28 Acceptance Deadline Time 6 p.m. } N/A N/A N/A N/A N/A [ N/A 80 81 Note: Applicability of Terms.A check or similar mark in a box means that such provision is applicable. The abbreviation-N/A" 82 or the word"Deleted"means not applicable and when inserted on any line in Dates and Deadlines(4 3).means that the 83 corresponding provision of the Contract to which reterence is made is deleted. The ahbrevianon"%IFC"'mutual execution of this 84 Contract)means the date upon which both parties base signed this Contract. 85 4. Pt'RCHASE PRICE AND TERMS. 86 4.1. Price and Terms. The Purchase Price set forth b elo% shall be payable in U.S.Dollars by Buyer as follows. Item No. Reference Item Amount Amount I §4.1 Purchase Price S 110,000 2 4 4.2 Earnest Money I .t..,, S 1,000.00 . 3 §4.5 New Loan N/A_! 4 §4.6 _ _ Assumption Balance , I 5 §4.7 Seller or Private Financing <; N/A 6 N/A ' N/A N/A N/A 7 N/A N/A ..- . __ N/A _ — N/A 8 §4.3 Cash at Closing 109,000 9 TOTAL S 110,000 S 110,000 III Cp54-11.1 i.CO. BIN A REAL ESTATE(LAND) y4/2t)I 1 1u 4: gags l of 16 Bow r taw s - / if Stier Ukiah 87 • 88 4.2. Earnest Money. The Earnest Money set forth in this section.in the form of chock. 89 shall be payable to and held by Stewart Titit tEamest Money Holder),in its 90 trust account.on behalf of both Seller and Buyer.The Earnest Money deposit shall be tendered with this Contract unless the 91 parties mutually agree to an Alternative Earnest Money Deadline(§3)for its payment. If Earnest Money Holder is other than 92 the Brokerage Firm identified in§ 32 or* 33.Closing Instructions signed by Buyer.Seller and Earnest Money Holder must be 93 obtained on or before delivery of Earnest Money to Earnest Money Holder. The parties authorize delivery of the Earnest Money 91 deposit to the company conducting the Closing(Closing Company i.if any.a1 or before Closing. In the event Earnest Money 95 Holder has agreed to have interest on Earnest Money deposits transferred to a fund established for the purpose of providing 96 affordable housing to Colorado residents.Seller and Buyer acknowledge and agree that any interest accruing on the Lirnest 97 Money deposited with the Earnest Money Holder in this transaction shall be transferred to such fund. 98 4.2.1. Alternative Earnest Money Deadline. The deadline fur delivering the Earnest Money. if other than at the 99 time of tender of the Contract is as set forth as the Alternative Earnest Money Deadline(§3). 100 4.2.2. Return of Earnest Money. If Buyer has a right to terminate this Contract and timely terminates,Buyer 101 shall be entitled to the return of Earnest Money as provided in this Contract. If this Contract is terminated as set forth in§2_5 and. 102 except as provided in§24.if the Earnest Money has not already been returned following receipt of a Notice to Terminate or other 103 written notice of termination.Seller agrees to execute and return to Buyer or Broker working with Buyer, written mutual 104 instructions.i.e..Earnest Money Release form.within three days of Seller's receipt of such form. 105 43. Form of Funds;Time of Payment;Funds Available. 106 4.3.1. Good Funds. All amounts payable by the parties at Closing,including any loan proceeds.Cash at('losing 107 and closing costs.shall he in funds that comply with ail applicable Colorado laws,including electronic transfer funds.certified 108 check.savings and loan teller's check and cashier's check(Good Funds). 109 4.3.2. Available Funds. All funds required to be paid at Closing or as otherwise agreed in writing between the 110 parties shall be timely paid to allow disbursement by Closing Company at Closing or on such other date OR SUCH PARTY 111 SHALL BE IN DEFAULT.Buyer represents that Buyer.as of the date of this Contract, X Does Does Not have funds that 112 are immediately senliahle and available in an amount not less than the amount stated as Cash at Closing in fi 4.1. 113 4.4. Seller Concession. Seller.at Closing,shall pay or credit.as directed by Buyer,an amount of a non* to 114 assist with Buyer's closing costs iSeller Concession). Seller Concession is in addition to any sum Seiler has agreed to pay or credit 115 Buyer elsewhere in this Contract. Seller Concession shall be reduced to the extent it exceeds the aggregate of what is allowed by •116 Buyer's lender.but in no event shall Seller pay or credit an amount for Seller Concession that exceeds the lesser of i I i the stated 117 amount for Seller Concession or(2)Buyer's closing costs. 118 4.5. New Loan. OM!TTEO AS I N.A P_. 'nl=..E. 123 4.6. Assumption. ;.%!: 7 ... _.:.a .. . =. 136 4.7. Seller or Private Financing. :..:77 '. :...:--. 154 TRANSACTION PROVISIONS 155 5. FINANCING CONDITIONS AND OBLIGATIONS. 156 5.1. Loan Application. If Buyer is to pay all or part of the Purchase Price by obtaining one or more new loans(New 157 Loan).or if an existing loan is not to be released at Closing.Buyer.it required by such lender.shall make an application venfiable 158 by such lender,on or before Loan Application Deadline i§3 t and exercise reasonabk efforts to obtain such loan or approval. 159 5.2. Loon Conditions. If Buyer is to pay all or part of the Purchase Price with 3 New Loan.this Contract is conditional 160 upon Buyer determining.in Buyer's sole subjective discretion.whether the New Loan is satisfactory to Buyer.including its 161 availability.payments.interest rate.terms.conditions and cost of such New Loan This condition is for the benefit at Buyer If 162 such New loan is not satisfactory to Buyer.Seller must receive written notice to terminate from Buyer,no later than Loan 163 Conditions Deadline(§3).at which time this Contract shall terminate. IF SELLER DOES NOT TIMELY RECEIVE 164 WRITTEN NOTICE TO TERMINATE,THIS CONDITION SHALL BE DEEMED WAIVED,AND BUYER'S EARNEST 165 MONEY SHALL BE NONREFUNDABLE,EXCEPT AS OTHERWLSE PROVIDED IN THIS CONTRACT t e.g..Appraisal. 166 Title.Survey). 167 5.3. Credit Information and Buyer's New Senior Loan. If Buyer is to pay all or part of the Purchase Price by 168 executing a promissory note in favor of Seller.or if an existing loan is not to be released at Closing.this Contract is conditional 169 for the Denali of Seller)upon Seller's approval of Buyer's financial ability and creditworthiness.which approval shall be at 170 Seller's sole subjective discretion. In such case; (I)Buyer shall supply to Seller by Buyer's Credit Information Deadline(§ 3). 171 at Buyer's expense.information and documents(including a current credit report!concerning Buyer's financial.employment and 172 credit condition and Buyer's New Senior Loan.defined below.if any;(2)Buyer consents that Seller may verify Buyer's financial • ('IS4.i-1U.CO% t A.A. SELL`RhAI.ESTATE iI.A�(DI 5 4,':*II: iv 4: P��r' .(?M1 MK Wddr v • I/�� sailer width 173 ability and creditworthiness.lit any such information and documents recessed by Seller shall be held by Seller in confidence.and 174 not released to others except to protect Seller's interest in this transaction:and(4)in the event Buyer is to execute a promissory ID 175 note secured by a deed of trust in favor of Seller.this('ontract is conditional tftr the heneht of Seller)upon Seller'.approval of 176 the terms and conditions of any Ness Loan to be obtained by Buyer if the deed of trust to Seller is to be subordinate to Buyer'. 177 New Loan(Buyer's New Senior Loan►. Additionally.Seller shall have the right to terminate.at or before Closing.if the Cash at 178 Closing is less than as set forth in§4.1 of this Contract or Buyer's New Senior Loan changes from that approved by Seller. If 179 Seller does not deliver written notice to terminate to Buyer based on Seller's disapproval of Buyer's financial ability and 180 creditwonhiness or of Buyer's New Senior Loan by Disapproval of Buyer's Credit Information Deadline(§3).then Seller 181 waives the conditions set forth in this section as to Buyer's New Senior Loan as supplied to Seller. If Seller delivers written notice 182 to terminate to Buyer on or before Disapproval of Buyer's Credit Information Deadline(§31.this Contract shall terminate. 183 5.4. Existing Loon Review. If an existing loan is not to be released at Closing,Seller shall deliver copies of the loan 184 documents(including note.deed of trust,and any modifications)to Buyer by Existing loan Documents Deadline I§3). For the 185 benefit of Buyer.this Contract is conditional upon Buyers review and approval of the provisions of such loan documents.in 186 Buyer's sole subjective discretion. If written notice to terminate based on Buyer's objection to such loan documents is not received 187 by Seller by Existing Loan Documents Objection Deadline i§3).Buyer accepts the terms and conditions of the document.. It 188 the lender's appnnal of a transfer of the Property is required.this Contract is conditional upon Buyer's obtaining such approval 189 without change in the terms of such loan.except as set forth in§4.6 If lender's approval is not obtained by Loan Transfer 190 Approval Deadline(§3).this Contract shall terminate on such deadline If Seller is to be released from liability under such 191 existing loan and Buyer does not obtain such compliance as set forth in S 4 6.this Contract may he terminated at Seller's option 192 6. APPRAISAL PROVISIONS. I93 6.1. Property Approval. If the lender imposes any requirements or repairs(Requirements)to he made to the Property 194 (e.g..roof repair.repainting).beyond those matters already agreed to by Seller in this Contract.Seller may terminate this Contract 195 (notwithstanding§ 10 of this Contract)by delivering written notice to terminate to Buyer on or before three days following 196 Seller's receipt of the Requirements. Seller's right to terminate in this§6.1 shall not apply if on or before any termination by 197 Seller pursuant to this§6 I: t 1 t the panics enter into a wnnen agreement regarding the Requirements:or(2'the Requirements are 198 completed by Seller:or(3)the satisfaction of the Requirements is waived in writing by Buyer 199 6.2. Appraisal Condition. 2(N) i-. 6.2.1. Not Applicable. This§6.2 shall not apply. 1_, 6.2-2. Conventlood/Other. Buyer shall have the sole option and election to terminate this Contract if the .201 202 Purchase Price exceeds the Property's valuation determined by an appraiser engaged by N/A 203 The appraisal shall be recessed by Buyer or Buyer's lender on or before Appraisal Deadline I§ 3i. This Contract shall terminate 2(34 by Buyer delivering to Seller written notice to terminate and either a copy of such appraisal or written notice from lender that 2115 confirms the Property's valuation is less than the Purchase Price,received by Seiler on or before Appraisal Objection Deadline 206 (§3). If Seller does not receive Buyer's written notice of termination on or before Appraisal Objection Deadline(§3). Buyer 207 waives any right to terminate under this section. 208 6.3. Cost of Appraisal. Cost of any appraisal to he obtained after the date of this('ontract shall he timely paid by 209 E Buyer [-1 Seller. 210 7. EVIDENCE OF TITLE.SURVEY AND C'IC DOCUMENTS. 211 7.1. Evidence of Title. On or before Title Deadline i§ 3i,Seller shall cause to be furnished to Buyer.at Seller's 212 expense,a current commitment for owner's title insurance policy (Title Commitments in an amount equal to the Purchase Price.or 213 if this box is checked. ❑ An Abstract of title certified to a current date if title insurance is furnished.Seller shall also debver to 214 Buyer copies of any abstracts of title ensenng all or any portion of the Property t Abstract i in Seller'.possession. At Seller'. 215 expense.Seller shall cause the title insurance policy to be issued and delivered to Buyer as soon as practicable at or after Closing 216 The title insurance commitment ® Shall ❑ Shall Not commit to delete or insure over the standard exceptions which relate to 217 (1)parties in possession.(2)unrecorded easements.(3)survey matters,(4)any unrecorded mechanic.' liens.(5)gap period 218 (effective dale of commitment to date deed is recorded),and(6)unpaid taxes,assessments and unredeemed tax sales prior to the 219 year of Closing. Any additional premium expense to obtain this additional coverage shall he paid by ❑ Buyer X Seller. 220 Note: The title insurance company may not agree to delete or insure over any or all of the standard exceptions. Buyer shall have 221 the right to review the Title Commitment.its provisions and Title Ih><urnents(defined in§ 7.2).and if not satisfactory to Buyer. 222 Buyer may exercise Buyer's rights pursuant to§ 8.I. 223 7.2. Copies of Exceptions. On or before Title Deadline i§ 3 i.Seller.at Seller's expense.shall furnish to Buyer and 224 Prudontia2 Rocky"Mountain Realtors.(I)copies of any plat..declarations.cotenants.conditions and restriction. 125 burdening the Property.and(2)if a Title Commitment is required to he furnished,and if this box is checked x' Copies d any 226 Other Documents Ior,if illegible.summaries of such documentsi listed in the schedule of exceptions I Exceptions). Even if the 227 box is not checked_Seller shall have the obligation to furnish these documents pursuant to thes section if requested by Buyer any III CBSS4-bd0.CON TO 1Y ANR SELL REAL ESTATE(LAND) 5/41201 119'42 Page 5 DI lb Buyer initials g - / Setter initials 228 time on or before Eicepdom Request Deadline i§31. This requirement shall pertain only to document.as shown of record in the •229 office of the clerk and recorder in the county where the Property is InCated The abstract or Tide Commitment.together with any 230 copies or summaries of such documents furnished pursuant to this section.constitute the title documents(collectively.Tide 231 Documents). 232 73. Survey. On or before Survey Deadline I§ 3). .�: Seller Li Buyer shall order or provide.and cause Buyer rand the 233 issuer of the Title Commitment or the provider of the opinion of title if an abstract)to receive,a current © improvement Survey 234 Plat ❑ Improvement Location Certificate ❑ N/A (the description checked is known 235 as Survey). An amount not to exceed S 5300.00 for Survey shall be paid by LR! Buyer 0 Seller. If the cost exceeds this 236 amount. C Buyer 0 Seller shall pay the excess on or before Closing. Buyer shall not be obligated to pay the excess unless 237 Buyer is informed of the cost and debsers to Seller.before Sursey is ordered.Buyer's written agreement to pay the required 238 amount to he paid by Buyer. 239 7.4. Common Interest Community Documents. The teen('IC Documents consists of all owners' associations 240 I Association)declarations,bylaws.operating agreements.rules and regulations.party wall agreements.minutes of most recent 241 annual owners' meeting and minutes of any directors'or managers' meetings dunng the six-month period immediately preceding 242 the date of this Contract.If any (Governing Documents). most recent financial documents consisting of o I i annual balance sheet, 243 (2)annual income and expenditures statement,and(3)annual budget(Financial Documents). it any(collectively.CIC 244 Documents). 245 0 7.4.1. Not Applicable. This§7.4 shall not apply. 246 7.4.2. Common Interest Community Disclosure. THE PROPERTY IS LOCATED WITHIN A COMMON 247 INTEREST COMMUNITY AND LS SUBJECT TO THE DECLARATION FOR SUCH COMMUNITI'.THE OWNER 248 OF THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNER'S A.SSOCiATiON FOR THE 249 COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE 250 ASSOCIATION.THE DECLARATION.BYLAWS.AND RULES AND REGULATIONS WILL LMPOSE FINANCIAL 251 OBLIGATIONS UPON THE OWNER OF THE PROPERTY.INCLUDING AN OBLIGATION TO PAY 252 ASSESSMENTS OF THE ASSOCIATION.IF THE.OWNER DOES NOT PAY THESE ASSESSMENTS.THE 253 ASSOCIATION COULD PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE:DEBT.THE. 254 DECLARATION.BYLAWS.AND RULES AND REGULATIONS OF THE COMMUNITY MAY PROHIBIT THE 255 OWNER FROM MAKING CHANGES TO THE PROPERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE 256 ASSOCIATION(OR A COMMITTEE OF THE ASSOCIATION)AND THE APPROVAL OF THE ASSOCIATION. •257 PURCHASERS OF PROPERTY WITHIN THE COMMON INTEREST COMMUNITY SHOULD LNVESTIGATE THE 258 FINANCIAL OBLIGATIONS OF MEMBERS OF THE ASSOCIATION.PURCHASERS SHOULD CAREFULLY 259 READ THE DECLARATION FOR THE COMMUNITY AM)THE BYLAWS AND RULES AND REGULATIONS OF 260 THE ASSOCIATION. 261 7.43. Not Conditional on Review. Buyer acknowledges that Buyer has received a copy of the CIC Documents. 262 Buyer has reviewed them.agrees to accept the benchis.obligations and restrictions that they impose upon the Property and its 263 owners and waives any right to terminate this Contract due to such documents,notwithstanding the pros isions of 5 M 5. 264 7.4.4. CIC Documents to Buyer. 265 ❑ 7.4.4.1. Seller to Provide CIC Documents. Seller shall cause the CIC Documents to be provided to Buyer, 266 at Seller's expense.on or before CIC Documents Deadline t§3). 267 Q 7.4.4.2. Seller Authorizes Association. Seller authorises the Association to provide the CI(' l)ocunents to 268 Buyer.at Seller's expense. 269 7.4.43. Seller's Obligation. Seller's obligation to provide the CIC Documents shall is tutnlled upon 270 Buyer's receipt of the CIC Documents.regardless of who pros ides such documents. 271 7.43. Conditional on Buyer's Review. If the ton in either §7.4 4.I or§ 7 4.4._2 is checked.the pros isions of this 272 §7.4.5 shall apply. In the event of any unsatisfactory prosiston in any of the CI('Documents.in Buyer's sole subjective discretion. 273 and written notice to terminate by Buyer.or on behalf of Buyer,is delivered to Seller on or before CIC Documents Objection 274 Deadline(§ 3).this Contract shall terminate. If Seller does not receive Buyer's written notice to terminate on or before CIC 275 Documents Objection Deadline(§31,Buyer accepts the CIC Documents and waives the right to terminate for that reason. 276 Should Buyer receive the CIC Documents after CIC Documents Deadline(§3).Buyer shall have the right,at 277 Buyer's option,to terminate this Contract by written notice to terminate delivered to Seller on or before ten day.after Buyer's 278 receipt of the CIC Documents. If Buyer does not receive the CIC Documents,or if such written notice to terminate would 279 otherwise be required to be delivered after Closing Dune(§31. Buyer's written notice to terminate shall be received by Seller on or 280 before three days prior to Closing Date t* 31. If Seller does not receive Buyer's written notice to terminate within such time. 281 Buyer accepts the provisions of the CIC Documents.and Buyer's right to terminate this Contract pursuant to this section is warred, 282 mawithstanding the provisions of§8 5 283 Note: If no box in this§7.4 is checked.the provisions of§ 7 4 4 i shall apply. • C'B54-t610.CO. 'Y tl.ANDI 5/4/21)11 1442 Paitc n of 16 Boyer Willi t Seder tMd.b 0 284 8, TITLE AND SURVEY REVIEW. 285 8.1. Title Review. Buyer shall have the nght to review the Title Documents. Buyer shall provide wntten notice to 286 terminate based on unmerchantability of title.unsatisfactory form or content of Title Commitment.or.notwithstanding§ 13.of any 287 other unsatisfactory title condition,in Buyer's sole subjective discretion.shown by the Title Documents iNotice of Title 288 Objection). Such Notice of Title Objection shall he delivered by or on behalf of Buyer and recessed by Seller on or before Tide 289 Objection Deadline I*3).provided such Title Documents are received by Buyer in a timely manner. If there is an endorsement to 29t) the Title Commitment that adds a new Exception to title,a copy of the new Exception to title and the modified Title Commitment 291 shall be delivered to Buyer. Provided however,Buyer shall have five days to deliver the Notice of Title Objection after receipt by 292 Buyer of the following documents: (I)any required Title Document not timely received by Buyer,(2)any change to the Title 293 Documents,or(3)endorsement to the Title Commitment. if Seller does not receive Buyer's Notice of Title Objection by the 294 applicable deadline specified above.Buyer accepts the condition of title as disclosed by the Title Documents as satisfactory. 295 8.2. Matters Not Shown by the Public Records Seller shall deliver to Buyer,on or before Off-Record Matters 296 Deadline tii 3)true copies of all leases and survey.in Seller's possession pertaining to the Property and shall disclose to Buyer all 297 easements,liens(including.without limitation.governmental improvements approved,but not yet installed,or other title matters 298 {including.without limitation.ngMs of first refusal and options)not shown by the public records of which Seller has actual 299 knowledge. Buyer shall have the nght to inspect the Property to insestigate if any third party has any right in the Property not 300 shown by the public records(such as an unrecorded easement,unrecorded lease,boundary line discrepancy or water nght.i. 301 Written notice to terminate based on any unsatisfactory condition t whether disclosed by Seller or revealed by such inspection. 302 notwithstanding* 13).in Buyer's sole subjective discretion,by or on behalf of Buyer shall he delivered to Seller on or before 06'- 303 Record Matters Objection Deadline 1§ 3). If Seller does not receive Buyer's written notice to terminate on or before Off-Record 304 Matters Objection Deadline i 8 3►, Buyer accepts title subject to such rights.if any.of third parties of which Buyer has actual 305 knowledge. 31* 8.3. Survey Review. 307 U 83.1. Not Applicable. This§8.3 shall not apply. 308 U 83.2. Conditional on Survey. If the box in this*8.3 2 is checked.Buyer shall have the nght to review the 309 Survey. If written notice to terminate by or on behalf of Buyer based on any unsatisfactory condition. in Buyer's sole subjective 311) discretion.shown by Survey.notwithstanding*8_2 or C 13.IS received by Seller on or before Survey Objection Deadline 311 i 6 3)this Contract shall terminate. If Seller does not receive Buyers wntten notice to terminate by Survey Objection Deadline .312 t tS 3).Buyer accepts the Sun ey as satisfactory. 313 8.4. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION 314 INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE 315 PROPERTY WITHIN SUCH DISTRICTS.PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK 316 FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE 317 CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH 318 INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MII.I.LEVIES.BUYERS SHOULD INVESTIGATE THE 319 SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE COUNTY 320 TREASURER.BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY,AND BY OBTAINING 321 FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS.THE COUNTY CLERK AND 322 RECORDER.OR THE COUNTY ASSESSOR. 323 In the event the Property is located within a special taxing district and Buyer desires to terminate this Contract as the effect of 324 the special taxing district is unsatisfactory. in Buyer's sole subjective discretion.if wntten notice to terminate.by or on behalf of 325 Buyer,is received by Seller on or before OR-Record Matters Objection Deadline I§ 31.this Contract shall terminate If Seller 326 does not receive Buyer's written notice to terminate on or before OR-Record Matters Objection Deadline i S 3t.Buyer accepts 377 the effect of the Property's inclusion in such special taxing district and wanes the right to terminate for that reason. 328 Si. Right to Object.Cure. Buyer's right to object shall include,hut not be limited to.those matters set forth in 35 8 and 329 13. If Seller receives Buyer's wntten nonce to temunate or notice of unmerchantahility of title or any other unsatisfactory title 330 condition or commitment temis as provided in**8.1,8._2,and 8.3.Seller shall use reasonable efforts to correct said items and bear 331 any nominal expense to correct the same prior to('losing. It such unsatisfactory title condition is not corrected to Buyer's 332 satisfaction,in Buyer's sole subjective discretion,on or before Closing,this Contract shall terminate:provided,however.Buyer 333 may.by wntten notice received by Seller on or before Closing,waive objection to such items. 334 8.6. Right of First Refusal or Contract Approval. If there is a right of first refusal on the Property.lit 3 right to 335 approve this Contract.Seller shall promptly submit this Contract according to the terms and conditions of such right. If the holder 336 of the nght of lira refusal exercises such right or the holder of a right to approve disapproves this Contract.this(.'ontrac'I shall 337 terminate if the nght of first refusal is waived explicitly or expires.or the Contract is approved.this Contract shall remain in full 338 force and effect. Seller shall promptly notify Buyer in writing of the foregoing. If expiration or waiver of the right of first refusal 339 or Contract approval has not occurred on or before the Right of First Refusal Deadline t§ 3).this Contract shall terminate. 340 8.7. Ti1k Advisory. The Title Documents affect the title.ownership and use of the Property and should be rev iewed • CBS4-5-t0.CO. BUY UQi SFI REAL ESTATE,l.AN11i 5/•u'_'(II I I9:•02 Page 7 of Ili Buyer Initials ' �� Seller Width 341 carefully Additionally.other matters not reflected in the Title Documents may affect the title.ownership and use of the Property. •X42 including without limitation.boundary lines and encroachments.area.rotting.unrecorded easements and claim%of easements. 343 leases and other unrecorded agreements.and sanous law.and governmental regulations concerning land use,development and 344 environmental matters.The surface estate may be owned separately from the underlying mineral estate.and transfer anise 345 surface estate does not necessarily include transfer of the mineral rights or water rights.Third parties may hold interests in 346 oil,gas,other minerals,geothermal energy or water on or under the Property,which interests may give them rights to 347 enter and use the Property. Such matters may he excluded from or not covered by the title insurance policy. Buyer is advised to 14)t timely consult legal counsel with respect to all such matters as there are strict time limits provided in this Contract(e.g.,Title 349 Objection Deadline(§3)and Off-Record Matters Objection Deadline(4 3)1. 350 9. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith,including but not 351 limited to exercising the rights and obligations set forth in the provision%of Financing Conditions and Obligations i§5).Title 352 and Survey Review 4§8)and Property Disclosure.Inspection.Indemnity.Insurability.Due Diligence.Buyer Disclosure and 353 Source of Water 4§ 10). 154 DISCLOSURE.INSPECTION AND DUE DILIGENCE 355 10. PROPERTY DISCL<Ml'RE,INSPECTION.I D£MNLT1'.INSURABILITY.DUE DILIGENCE.AND SOURCE 356 OF WATER. 157 10.1. Seller's Property Disclosure Deadline. On or before Seller's Property Disclosure Deadline 4§ 31.Seiler agrees to 358 deliver to Buyer the most current version of the applicable Colorado Real Estate Commission's Seller's Property Disclosure form 359 completed by Seller to Seller's actual knowledge.current as of the date of this Contract. 360 10.2. Inspection Objection Deadline. Unless otherwise provided in this Contract,Buyer acknowledges that Seller is 361 conveying the Property to Buyer in an"as is"condition."where is"and"with all faults". Seller shall disclose to Buyer,in writing. 362 any latent defects actually known by Seller. Buyer.acting in good faith.shall have the right to have inspections thy a third party. 363 personally,or both)of the Property and Inclusions t Inspection).at Buyer's expense. if t I>the physical condition of the Property. 364 t 2)the physical condition of the Inclusions.l 3)service to the Property l including utilities and communication services i.systems 365 and components of the Property.e g. heating and plumbing.04)any proposed or existing transportation project.road.street or 366 highway.or 45►am other activity.odor or noise i whether on or off the Property>and its effect or expected effect on the Property 367 or its occupants is unsatisfactory in Buyer's sole subjective discretion,Buyer shall.on or before Inspection Objection Deadline •t68 (§ 3is 369 10.2.1. Notice to Terminate. Notify Seller in wrung that this Contract is terminated:or 370 10.2.2. Notice to Correct. Deliver to Seller a written description of any unsatisfactory physical condition which 371 Buyer requires Seller to correct. 372 If written notice is not received by Seller on or before Inspection Objection Deadline O4 3),the physical condition of the 373 Property and Inclusions shall he deemed to be satisfactory to Buyer. 374 10.3. Inspection Resolution Deadline. If a Notice to Correct is received by Seller and if Buyer and Seller have not agreed 375 in writing to a settlement thereof on or before Inspection Resolution Deadline 1§3).this Contract shall terminate on Inspection 376 Resolution Deadline(4 3).unless Seller receives Buyer's wnitcn withdrawal of the Notice to Correct before such termination. 377 i.e..on or before expiration of Inspection Resolution Deadline 4§ 14. 378 10.4. Damage.Liens and Indemnity. Buyer.except as otherwise provided in this Contract,is responsible for payment for 379 ail inspections.tests.survey..engineering reports.or any other work performed at Buyer's request iWorki and shall pay for any 380 damage that occurs to the Property and Inclusions as a result of such Work Buyer shall not permit claims or hens of any kind 381 against the Property for Work performed on the Property at Buyers request Buyer agrees to indemnify.protect and hold Seller 382 harmless front and against any liability.damage.cost or expense incurred by Seller and caused by any such Work,claim,or lien 383 This indemnity includes Seller's right to recover all costs and expenses incurred by Seller to defend against any such liability, 384 damage.cost or expense.or to enforce this.section.including Seller's reasonable attorney fees.legal fees and expenses. The 385 provisions of this section shall survive the termination of this Contract. 386 10.5. Insurability. This Contract is conditional upon Buyer's satisfaction,in Buyer's sole subjective discretion,with the 387 availability,terms and conditions of and premium for property insurance. This Contract shall terminate upon Seller's receipt,on or 388 before Property insurance Objection Deadline 4§3),of Buyer's written notice to terminate based on such insurance being 389 unsatisfactory to Buyer.If Seller does not receive Buyer's written notice to terminate on or before Property Insurance Objection 3V() Deadline I§ 3).Buyer shall have waived any right to tenninatc under this provision 391 10.6. Due Diligence-Physical Inspection. Buyer's Inspection of the Property under 4 10.2 shall also include.without 392 limitation,at Buyer's option.an inspection of the roof.walls.structural integrity of the Property,an inspection of the electrical. 393 plumbing.HVAC and other mechanical systems of the Property if the condition of the Property or Inclusions are not satisfactory 394 to Buyer.in Buyer's sole subjective discretion.Buyer shall,on or before Inspection Objection Deadline t§3).provide the • CBSi-8•111.CO A BCvjJ D. .1.REAL ESTATE Ii.AND) 514/2011 19.42 Pale 8 of 16 Buyer initials 1 i Seller initials 95 applicable written notice pursuant to§ 10.2. Buyer shall also have the right to obtain environmental inspections of the Property including Phase 1 and Phase U Environmental Site Assessments,as applicable. ❑ Seller ❑ Buyer shall order or provide 397 ❑ Phase I Environmental Site Assessment, ❑ Phase II Environmental Site Assessment(compliant with ASTM E1527-05 398 standard practices for Environmental Site Assessments)and/or ❑ N/A,at the expense 399 of ❑ Seller ❑ Buyer(Environmental Inspection). In addition, Buyer may also conduct an evaluation whether the Property 400 complies with the Americans with Disabilities Act(ADA Evaluation). All such inspections and evaluations shall be conducted at 401 such times as are mutually agreeable to minimize the interruption of Seller's and any Seller's tenants' business uses of the 402 Property,if any. If Buyer is not satisfied with the results of Environmental Inspection,in Buyer's sole subjective discretion,and 403 written notice to terminate is received by Seller on or before Environmental Inspection Objection Deadline(§3),this Contract 404 shall terminate. If Buyer is not satisfied with the results of ADA Evaluation,in Buyer's sole subjective discretion,and written 405 notice to terminate is received by Seller on or before ADA Evaluation Objection Deadline(6 3),this Contract shall terminate. If 406 Buyer's Phase I Environmental Site Assessment recommends a Phase II Environmental Site Assessment,the Environmental 407 Inspection Objection Deadline(§3)shall be extended by N/A days and if such extended Environmental Inspection 408 Objection Deadline(§3)extends beyond the Closing Date(§3).the Closing Date(§ 3)shall be extended a like period of time. 409 10.7. Due Diligence—Documents. Seller agrees to deliver copies of the following documents and information(Due 410 Diligence Documents)to Buyer on or before Due Diligence Documents Delivery Deadline(§3)to the extent such Due Diligence 411 Documents exist and are in Seller's possession: 412 10.7.1. Copies of all contracts relating to the operation.maintenance and management of the Property; 413 10.7.2. Copies of the Property tax bills for the last one years: 414 10.7.3. As-built construction plans(original and subsequent construction)to the Property and the tenant 415 improvements,including architectural,electrical,mechanical,and structural systems:engineering reports:and permanent 416 Certificates of Occupancy,to the extent now available: 417 10.7,4. A list of all Inclusions to be conveyed to Buyer: 418 10.7.5. Operating statements for the past N/A years; 419 10.7.6. A rent roll accurate and correct to the date of this Contract; 420 10.7.7. True and correct copies of all current leases on the Property(Leases),or other occupancy agreements if 421 not delivered earlier under§8.2: 422 10.7.8. A schedule of any tenant improvement work Seller is obligated to complete hut has not yet completed and fp23 capital improvement work either scheduled or in process on the date of this Contract: 24 10.7.9. Copies of all insurance policies pertaining to the Property and copies of any claims which have been made 425 for the past N/A years: 426 10.7.10. Soils reports,Surveys and engineering reports or data pertaining to the Property(if not delivered earlier 427 under§8.2): 428 10.7.11. Any and all existing documentation and reports regarding Phase I and Phase II environmental reports, letters, 429 test results,advisories,and similar documents respective to the existence or nonexistence of asbestos, PCB transformers,or other 430 toxic hazardous or contaminated substances,and/or underground storage tanks and/or radon gas. If no reports are in Seller's 431 possession or known to Seller,Seller shall warrant that no such reports are in Seller's possession or known to Seller: 432 10.7.12. Copies of any Americans with Disabilities Act reports,studies or surveys concerning the compliance of 433 the Property with said Act; 434 10.7.13. All permits,licenses and other building or use authorizations issued by any governmental authority with 435 jurisdiction over the Property and written notices of any violations of any such permits,licenses or use authorizations,if any;and 436 10.7.14. Other Documents: any environment tests, any soil tests, any building permits in the sellers posession. This contract is contingent upon the purchaser being granted a zoning change by Weld County Tram Agricultural to Commercial, therefore, any documents in the sellers possession which are required by the County for that process will automatically become part of the due diligence requests.. 437 10.8. Due Diligence Documents Conditions. This Contract is subject to and expressly conditional upon Buyer, in 438 Buyer's sole subjective discretion,reviewing and approving the Due Diligence Documents,Survey,Leases,zoning and any use 439 restrictions imposed by any governmental agency with jurisdiction over the Property(Zoning). Buyer shall also have the unilateral 440 right to waive any condition herein. 441 10.8.1. Due Diligence Documents. If Buyer is not satisfied with the results of Buyer's review of the Due Diligence 442 Documents and written notice to terminate is received by Seller on or before Due Diligence Documents Objection Deadline 443 (§ 3),this Contract shall terminate. 444 10,8.2. Survey. If any unsatisfactory condition is shown by the Survey and written notice to terminate is received 445 by Seller on or before Survey Objection Deadline(§ 3),this Contract shall terminate.• CBS48.10.CO. BUY r SF.t.I.REAL ESTATE(LAND) 5/4/29i 119:42 Page 9 or 16 Buyer WadsIV Seller initials 446 108.3. Leases. If the Lease%are not satisfactory to Buyer.Seller shall receive written notice to terminate on or lier 447 before Off-Record Matters Objection Deadline(f 3).unless the(eases are not timely delivered under ti 8.2.then Seller shall 448 receive written notice to terminate on or before Due Diligence Documents Objection Deadline(0 3). 1f Seller timely receives 449 written notice to terminate,this Contract shall terminate. 450 10.8.4. Zoning. If Buyer is not satisfied with the results of Buyer's review of the'Zoning and written notice to 451 terminate is received by Seller on or before Due Diligence Documents Objection Deadline t§3►.this Contract shall tenninate. 452 If Buyer's written notice to terminate for any of the conditions.et forth above is not timely received by Seller.then such 453 condition shall be deemed to be satisfactory to Buyer 454 10.,. Source of Potable Water(Residential Land and Residential Improvements Only 1. Buyer = Does X Does Not 455 acknowledge receipt of a copy of Seller's Property Disclosure or Source of Water Addendum disclosing the source of potable 456 water for the Property.Buyer l_; Does Does Not acknowledge receipt of a copy of the current well permit. X There is No Well 457 Note to Buyer:SOME WATER PROVIDERS RELY.TO VARYING DEGREES.ON NONRENEWABLE GROUND 458 WATER.YOU MAY WISH TO CONTACT YOUR PROVIDER(OR INVESTIGATE THE DESCRIBED SOURCE)TO 459 DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER'S WATER SUPPLIES. 460 10.10. Existing Leases;Modification of Existing Leases;New Leases. Seller states that none of the Leases to he assigned 461 to the Buyer at the time of Closing contains any rent concessions,rent reductions or rent abatements except as disclosed in the 462 lease or other wnting received by Buyer. Seller shall not amend.alter.modify.extend or cancel any of the Leases nor shall Seller 463 enter into any new leases affecting the Property without the prior written consent of Buyer.which consent shall not he 464 unreasonably withheld or delayed. 465 466 11. TENANT ESTOPPEL STATEMENTS. 467 ❑ 11.1. Not Applicable. This§ I I shall not apply. 468 11.2. Applicable. This* 11.2 shall apply unless the box in* 11.1 is checked.As to all occupants or tenants at the 469 Property,Seller shall obtain and deliver to Buyer on or before Tenant Estoppel Statanents Deadline(4 3),statements in a form 470 and substance reasonably acceptable to Buyer(Estoppel t.from each occupant or tenant attached to a copy of such occupant's or 371 tenant\lease and any amendments(Lease)stating. 472 11.2.1. The commencement date of the Lease and scheduled termination date of the Lease. 473 11.2.2. That said Lease is in full force and effect and that there have been no subsequent modihiations or •474 amendments; 475 11.2.3. The amount of any advance rentals paid,rent concessions given,and deposits paid to Seller; 476 11.2.4. The amount of monthly(or other applicable period)rental paid to Seller; 477 11.2.5. That there is no default under the terms of said Lease by landlord or occupant;and 478 11.2.6. That the Lease to which the Estoppel is attached is a true.correct and complete cops of the Lease demising 479 the premises it describes. 480 11.3. Tenant Estoppel Statements Deliver'Klbjection. If Seller shall fail to deliver the Estoppel.on or before Tenant 481 Estoppel Statements Deadline t*31 or if Buyer is not satisfied with the form or substance o)the Esiopp:ls and wntten notice to 482 terminate is received by Seller on or before Tenant Estoppel Statements Objection Deadline t§ 31.this Contract shall terminate. 483 Buyer's approval or disapproval of the Estoppel shall be at Buyer's sole subjective discretion. Buyer shall also have the unilateral 484 right to waive any unsatisfactory Estoppel. If Buyer's written notice to terminate is not received by Seller on or before Tenant 485 Estoppel Statements Objection Deadline(S 3).the lstoppels shall be deemed to he satisfactory to Buyer. 486 CLOSING PROVISIONS 487 12 CLOSING DOCUMENTS.INSTRUCTIONS AND CLOSING. 488 12.1. Closing Docutntents and Closing Information. Seller and Buyer shall cooperate with the Closing Company to 489 enable the Closing Company to deliver all documents required for Closing to Buyer and Seller and their designees by the Closing 490 Documents Delivery Deadline I*3). if Buyer is obtaining a new loan to purchase the Property,Buyer acknowledges Buyer's lender 491 shall be required to provide the Closing Company in a timely manner all required loan documents and financial information 492 concerning Buyer's new loan. Buyer and Seller will furnish any additional information and documents required by Closing 493 Company that will be necessary to complete this transaction. Buyer and Seller shall sign and complete all customary or reasonably 494 required documents at or before Closing. 495 12.2. Closing Instructions. Buyer and Seiler agree to execute the Colorado Real Estate Commission'.Closing 496 Instruction,+. Such Closing Instructions Y Are Are Not executed w it t this Contract. Upon mutual execution. _ Seller 497 ,_; Buyer shall deliver such Closing Instructions to the Closing Company. 498 12.3. Closing. Delivery of deed from Seller to Buyer shall he at closing((losing) ('losing shall he on the date specified 499 as the Closing Date(i3 3)or by mutual agreement at an earlier date. The hour and place of Closing shall be as designated by 500 Purchaser and Sailor. • CISI.$.It1.CO. TO '1 4. A1.ESTATE:d.AXD1 54/20I I IQ 42 Ps'c Iii„t IA Sayer Wells r s,n.r Wink 501 12.4. Disclosure of Settlement Costs. Buyer and Seller acknowledge that costs.quality.and extent of sec ice sari •502 between different settlement service pmsiders(e g..aioxneys.lender..inspectors and title companies). 503 13. TRANSFER OF TITLE. Subject to tender or payment at Closing as required herein and compliance by Buyer with the S04 other terms and provisions hereof.Seller shall execute and deli.er a good and sufficient Gern.ral Warranty deed to 54)5 Buyer.at Closing.conveying the Property free and clear of all taxes except the general taxes for the year of-Closing. Except as 506 provided herein,title shall be conveyed tree and clear of all liens, including any governmental liens for special improvements 507 installed as of the date of Buyer's signature hereon.whether assessed or not. Title shall be conveyed subject to: 508 13.1. Those specific Exceptions described by reference to recorded documents as reflected in the Title fhicumcnts accepted 5(19 by Buyer in accordance with Title Review 1*8.1 1. 510 13.2. Distribution utility easements(including cable TV), 511 13.3. Those specifically described rights ot third parties not shown by the public records of which Buyer has actual 512 knowledge and which were accepted by Buyer in accordance v.oh Matters Not Shown by the Public Records(§8.2.)and Survey 513 Review I*8.3). 514 13.4. Inclusion of the Propert within any special taxing district.and 515 13.5. Other N/A. 516 14. PAYMENT OF ENCUMBRANCES. Any encumbrance required to he paid shall he paid at or before Closing from the 517 proceeds of this transaction or from any other source. 518 IS. CLOSING COSTS.CLOSING FEE.CIC FEES AND TAXES. 519 15.1. Cloning Costs. Buyer and Seller shall pay.in Gard Funds.their respective closing costs and all other items required 520 to be paid at Closing,except as otherwise provided herein. 521 15.2. Closing Services Fee. The fee for real estate closing services shall he paid at Closing by ❑ Buyer C_ Seller 522 X One-Half by Buyer and One-Half by Seller El Other N/A. 523 15.3. Status Letter and'transfer Fees. Any tees incident to the issuance of Association's statement of assessments 524 (Status Letter)shall be paid by Buyer L. Seller One-Half by Buyer and One-Half by Seiler. Any transfer fees assessed 525 by the Association t Association's Transfer Fee)shall he paid by _. Buyer Seller One-Half by Buyer and One-Half by 526 Seller. 40527 15.4.Local Transfer Tax. The Local Transfer Tax of N/A `k of the Purchase Price shall be paid at('losing by 528 Buyer ❑ Seiler E One-Half by Buyer and One-Half by Seller. 529 15.5. Sales and Use Tax. Any sales and use tax that may accrue because of this transaction shall he paid w hen due by 530 ❑ Buyer I] Seller One-Half by Buyer and One-Half by Seller. 531 16. PROBATIONS. The following shall be prorated to Closing Date(*3),except as otherwise provided 532 16.1. Taxes. Personal property taxes,if any.and general real estate taxes for the year of Closing,based on ❑ Taxes for 533 the Calendar Year Immediately Preceding Closing ❑ Most Recent Mill Levy and Most Recent Assessed Valuation,or 534 ❑Other N/A. 535 16.2. Rents. Rents based on ❑ Rents Actually Received El Accrued. At('losing.Seller shall transfer or credit to 536 Buyer the security deposits for all leases assigned.or any remainder after lawful deductions,and notify all tenants in writing of 537 such transfer and of the transferee's name and address Seller shall assign to Buyer all leases in effect at Closing and Buyer shall 538 assume such leases. 539 16.3. Association Assessments. Current regular Association assessments and dues(Association Assessrnentst paid in 540 advance shall be credited to Seller at Closing. Cash reserses held out ot the regular Association Assessments for deferred 54 t maintenance by the Association shall not tie credited to Seller except as may he otherwise provided by the(n+.emtng Documents 542 Buyer acknowledges that Buyer may he obligated to pay the Association.at Closing.an amourit for reserses or working capital 543 Any special assessment by the Association for improvements that hale been installed as of the date of Buyer's signature hereon 544 shall he the obligation of Seller. Any other special assessment assessed prior to Closing Date(S 3)by the Association shall he the 545 obligation of ❑ Buyer ❑ Seller. Seller represents that the Association Assessments are currently payable at$N/A 546 per N/A and that there are no unpaid regular or special assessments against the Property except the current regular 547 assessments and N/A.Such assessments are subject to change as provided in the Governing 548 Documents. Seller agrees to promptly request the Association to deliser to Buyer before Closing Date 1§3)a current Status Letter. 549 16.4. Other Proratiortt Water and sewer charges.interest on continuing loan,and N/A. 550 16.5. Final Settlement. Unless otherwise agreed'tn writing.these proration.shall he final •' 551 17. POSSESSION. Possession of the Property shall be delivered to Buyer on Possession Date at Possession lime i§ . I. • CBSt4-I0.CO CT BUY A F:i.I.REAL ESTATE.(LAND) 5i4c?0i I t'►4: YaFc t)of 1n Buyer Isaiah . Seller Width subject to the following leases or tenanc►es: Tenants will vacate prior to closing. Tnant• are leasing •552 month to month and will vacate upon closing of property. 554 555 556 It Seller,after Closing,fails to deliver possession as specified,Seller shall he subject to eviction and shall he additionally 557 liable to Buyer for payment of$$100. per day(or any part of a day notwithstanding§ 18.1)from Possession Date and 558 Possession Time(ii 3)until possession is delivered. 559 GENERAL PROVISIONS 5611 18. DAY;COMPUTATION OF PERIOD OF DAYS.DEADLINE. 561 18.1. Day. As used in this Contract,the term"day"shall mean the entire day ending al I I:59 p.m..United States 562 Mountain Time(Standard or Daylight Savings as appltcahlei. 563 IL2. Computation of Period of Days,Deadline. In computing a penod of days.when the ending date is not specified. 564 the first day is excluded and the last day is included.c g.. three days atter ME:C.If any deadline falls on a Saturday.Sunday or 565 federal or Colorado slate holiday(Holiday),such deadline X Shall ❑ Shall Not he extended to the next day that is not a 566 Saturday.Sunday or Holiday. Should neither box he checked,the deadline shall not be extended. 567 19. CAUSES OF LOSS.INSURANCE;CONDITION OF,DAMAGE TO PROPERTY AND INCLUSIONS AND 568 WALK-THROUGH.Except as otherwise presided in this Contract.the Propeny. Inclusions or both shall be delivered in the 569 condition existing as of the date of this Contract.ordinary wear and tear excepted. 570 19.1. Causes of loss,Insurance. In the event the Property of Inclusions arc damaged by tire.other perils or causes of 571 loss prior to Closing in an amount of not more than ten percent of the total Purchase Price.Seller shall be obligated to repair the 572 same before Closing Date t§31. In the event such damage is not repaired within said lime or if the damage exceeds such sum,this 573 Contract may be terminated at the option of Buyer by delivering to Seller written notice to terminate on or before Closing. Should 574 Buyer elect to carry out this Contract despite such damage.Buyer shall be entitled to a credit at Closing for all insurance proceeds 575 that were received by Seller(but not the Association,if any)resulting from such damage to the Property and inclusions,plus the 376 amount of any deductible provided for in such insurance policy. Such credit shall not exceed the Purchase Price. In the event Seller •577 has not received such insurance proceeds prior to Closing.then Seller shall assign such proceeds at Closing,plus credit Buyer the 578 amount of any deductible provided for in such insurance policy.but not to exceed the total Purchase Price, 579 19.2. Damage.Inclusions and Services. Should any Inclusion or service(including utilities and communication 580 services).systems and components of the Property.e g heating or plumbing.fail or he damaged between the date of this Contract 581 and Closing or possession.whichever shall be earlier,then Seller shall be liable for the repair or replacement of such Inclusion. 582 service,system.component or fixture of the Property with a unit of similar site.age and quality.or an equivalent credit.but only 583 to the extent that the maintenance or replacement of such Inclusion.ser ice.system.component or fixture is not the responsibility 584 of the Association.if any.less any insurance proceeds received by Buyer covering such repair or replacement. Seller and Buyer 585 are aware of the existence of pre-owned home warranty programs that may be purchased and may cover the repair or replacement 586 of such Inclusions. 587 19.3. Condemnation. In the event Seller receives actual notice prior to Closing that a pending condemnation action may 588 result in a taking of all or part of the Property or Inclusions.Seller shall promptly notify Buyer.in writing.of such condemnation 589 action. In such event,this Contract may he terminated at the option of Buyer.in Buyer's sole subjective discretion.by Buyer 590 delivering to Seller written notice to terminate on or before Closing. Should Buyer elect to consummate this Contract despite such 591 diminution of value to the Property and Inclusions. Buyer shall he entitled to a credit at Closing for all condemnation proceeds 592 awarded to Seller for the diminution in the value tit the Property or Inclusions but such credit shall not include relos.atioon benefits 593 expenses or exceed the Purchase Pnce 594 19.4. Walk-Through and Verification of Condition. Buyer.upon reasonable notice,shall have the right to walk through 595 the Property prior to('losing to verify that the physical condition of the Property and Inclusions complies with this Contract. 596 20. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document.Buyer and Seller acknowledge 597 that the respective broker has advised that this document has important legal consequences and has recommended the examination 598 of title and consultation with legal and tax or other counsel before signing this Contract. 599 21. TIME OF ESSENCE.DEFAULT AND REMEDIES. Time is of the essence hereof. If any note or check received as , 600 Earnest Money hereunder or any other payment due hereunder is not paid.honored or tendered when due.or it any obligation 601 hereunder is not performed or waned as herein provided.there shall he the following remedies. 602 21.1. If Buyer is in Default: 603 71 21.1.1. Specific Performance. Seller may elect to treat this Contract as canceled,in which case all Earnest Money • ('dSLil/.CO ICY 71'4 SF .REAL ESTATE tl.A5Di 5W,t!_tii 119 4 Pagc I;of If, Raw Stier WNW' 604 (whether or not paid by Buyer)shall be paid to Seller and retained by Seller:and Seller may recover such damages as may be 605 proper:or Seller may elect to treat thus Contract as being in full force and effect and Seller shall have the right to specific 41) 606 performance or damages.or both. 607 21.12. Liquidated Damages.Applicable. 'ibis 4 21.1.2 shall apply utnkxs the box in§21.1.1. is checked.All 60R Earnest Money(whether or not paid by Buyer)shall he paid to Seller,and retained by Seller. Both parties shall thereafter be 609 released front all obligations hereunder. It is agreed that the Earnest Money specified in§4.1 is LIQUIDATED DAMAGES.and 610 not a penalty.which amount the parties agree is fair and reasonable and(except as provided in§§ 10.4,22.23 and 24).said 611 payment of Earnest Money shall be SELLER'S SOLE AND ONLY REMEDY for Buyer's failure to perform the obligations of 612 this Contract. Seller expressly waives the remedies of specific performance and additional damages. 613 212. If Seller is in Default: Buyer may elect to treat this Contract as canceled,in which case all Earnest Money received 614 hereunder shall be returned and Buyer may recover such damages as may be proper,or Buyer may elect to treat this Contract as 615 being in full fO ce and effect and Buyer shall have the right to specific performance or damages,or both. 616 22. LEGAL FEES.COST AND EXPENSES. Any thing to the contrary herein notwithstanding.in the event of any arbitration 617 or litigation relating to this Contract,prior to or after Closing Date i S 31.the arbitrator or court shall award to the prevailing pang 618 all reasonable costs and expenses.including attorney tees, legal tees and expenses. 619 23. MEDIATION. If a dispute arises relating to this Contract.prior to or after Closing,and is not resolved,the parties shall first 620 proceed in good faith to submit the matter to mediation. Mediation is a process in which the parties meet with an Impartial person 621 who helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. The parties to the 622 dispute must agree.in writing,before any settlement is binding. The parties will jointly appoint an acceptable mediator and will 623 share equally in the cost of such mediation.The mediation.unless otherwise agreed,shall terminate in the event the entire dispute 624 is not resolved within thirty days of the date written notice requesting mediation is delivered by one party to the other at the party's 625 last known address.This section shall not alter any date in this Contract,unless otherwise agreed. 626 24. EARNEST MONEY DISPUTE. Except as otherwise provided herein.Earnest Money Holder shall release the Earnest 627 Money as directed by written mutual instructions.signed by both Buyer and Seller. In the event of any controversy regarding the 6_$ Earnest Money ;notwithstanding any termination of this Contract t.Earnest Money Holder shall not be required to take any action 6'_9 Earnest Money Holder.at its option and sole subjective discretion.may I I I await any proceeding.(2)interplead all parties and 630 deposit Earnest Money into a court of competent jurisdiction and shall recover court costs and reasonable attorney and legal fees. •631 or(3)provide notice to Buyer and Seller that unless Earnest Money Holder receives a copy of the Summons and Complaint or 632 Claim(between Buyer and Seller)containing the case number of the lawsuit(Lawsuit t within one hundred twenty days of Earnest 633 Money Holder's notice to the parties.Earnest Money Holder shall be authonred to return the Earnest Money to Buyer. In the event 634 Earnest Money Holder does receive a copy of the lawsuit.and has not interpled the monies at the time of any Order.Earnest 635 Money Holder shall disburse the Earnest Money pursuant to the Order of the C'oun. The parties reaffirm the obligation of 636 Mediation(§ 23).The provisions of this§ 24 apply only if the Earnest Money Holder is one of the Brokerage Finns named in 637 §32 or§33. 638 25. TERMINATION. In the event this Contract is terminated,all Earnest Money received hereunder shall be returned and the 639 parties shall be relieved of all obligations hereunder.subject to§§ 10.4.22.23 and 24. MO 26. ENTIRE AGREEMENT.MODIFICATION.SU'RViVAL. This Contract.its exhibits and specined addenda.constitute 641 the entire agreement between the parties relating to the subject hereof,and any prior agreements pertaining thereto,whether oral or 642 written.have been merged and integrated into this Contract. No subsequent modification of any of the terms of this Contract shall 643 he valid,binding upon the parties.or enforceable unless made in writing and signed by the parties. Any obligation in this Contract 644 that,by its terns,is intended to be performed after termination or Closing shall survive the same. 645 27. NOTICE.DELIVERY,AND CHOICE OF LAW. 646 27.1. Physical Delivery. All notices must he in writing.except as provided in § 27.2. Any document, including a signed 647 document or notice,delivered to Buyer shall he effective when physically received by Buyer,any signator on behalf of Buyer.any 648 named individual of Buyer,any representative of Buyer,or Brokerage Firm of Broker working with Buyer(except fur delivery. 649 after Closing,of the notice requesting mediation described in§ 23)and except as provided in§27.2. Any document,including a 650 signed document or notice.delivered to Seller shall he effective when physically received by Seller,any signator on behalf of 651 Seller.any named individual of Seller.any representative of Seller.or Brokerage Firm of Broker working with Seller;except for ' 652 delivery.after Closing,of the notice requesting mediation described in§23►and except as provided in§2_7.2 653 27.2. Electronic Delivery. As an alternative to physical delivery.any document,including any signed document or 654 written notice may be delivered in electronic form only by the following indicated methods. X Facsimile X Email 655 X Internet No Electronic Delivery. Documents with original signatures shall be provided upon request of any party. • . i (BSI-b1o.CO. ^ tIY SELL. L ESTATE(LAND) 5/4/2011 1W42 Page 13 of 1f, Buyer Wash i 1 Sclkr initials •656 27.3. Choke of Law. This Contract and all disputes arising hereunder shall be governed by and construed in accordance 657 with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado for property 658 located in Colorado. 659 28. NOTICE OF ACCEPTANCE,COUNTERPARTS. This proposal shall expire unless accepted in writing,by Buyer and 660 Seller,as evidenced by their signatures below,and the offering party receives notice of such acceptance pursuant to* 27 on or 661 before Acceptance Deadline Date(il 3)and Acceptance Deadline Time(*3). If accepted,this document shall become a contract 662 between Seller and Buyer. A copy of this document may be executed by each party,separately,and when each party has executed 663 a copy thereof.such copies taken together shall he deemed to he a full and complete contract between the parties 664 ADDITIONAL PROVISIONS AND ATTACHMENTS 665 29. ADDITIONAL PROVISIONS. (The following additional pros151on5 base not been approved by the Colorado Real Estate 666 Commission.) 667 This contract is contingent upon the purchaser being able to secure a zoning change from Weld County from Agri to Commercial zoning. Closing will occur 10 days after Weld County approves said zoning change. Seller will cooperate with purchaser and purchasers agents in obtaining all documents necessary to execute this zoning change. All earnest money will be returned to purchaser, in the event the zoning change is denied. Seller will accomplish delivering the property as a vacant property will all tenants revved. 671 672 30. ATTACHMENTS. The following are a part of this Contract 673 N/A 674 D Residential Addendum 675 •676 Note:The following disclosure forms are attached hut are not a pan of this Contract: 677 N/A 678 679 680 SIGNATURES Bu e s Name: Donn os 61-44 1 yer s i azure Date Address: P.O. Box 513 Kersey, Co 80611 Phone No.: N/A Fax No.: N/A Electronic Address: N/A B s Nam ary a Hard t) �1LL 1N• k-L s 'I Buyers Si ture Date Address' N/A , N/A Phone No.: N/A Fax No.. N/A • Electronic Address: N/A 2 CD S44- CO IT EL R),t.ESTATE rt.A\DI 5/4/2(!11 Iv 42 P.ujc 14 of 16 Boyer(.M(.& ` Selkr lrid.b 681 [NOTE:If this offer is being countered or rejected,do not sign this document.Refer to*311 • Seller's Name: Seller's Signature Date Address: Phone No.:Fax No.: Electronic Address: Seller's Name: Seller's Signature Date Address: — Phone No.: Fax No.: —Electronic Address: 682 31. COUNTER;REJECTION. This offer is ❑ Countered L: Rejected. 683 Initials only of party(Buyer or Seller)who countered or rejected offer 1,84 I END OF CONTRACT TO BUY AND SELL REAL ESTATE I 32.BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. (To be completed by Broker working with Buyer) Broker ❑ Does IN Does Not acknowledge receipt of Earnest Money deposit specified in§4.1 and.while not a party to the Contract,agrees to cooperate upon request with any mediation concluded under§ 23. Broker agrees that if Brokerage Firm is the Earnest Money Holder and,except as provided in§24.if the Earnest Money has not already been returned following receipt of a Notice to Terminate or other written notice of termination.Earnest Money Holder shall release the Earnest Money as directed by the written mutual instructions. Such release of Earnest Money shall be made within five days of Earnest Money Holder's receipt of the executed written mutual instructions.provided the Earnest Money check has cleared.Broker agrees that if Earnest Money Holder is other than the Brokerage Firm identified in§ 32 or§ 33.Closing Instructions signed by Buyer.Seller,and Earnest Money Holder must be obtained on or before delivery of Earnest Money to Earnest Money Holder. Broker is working with Buyer as a © Buyer's Agent 0 Seller's Agent ❑ Transaction-Broker in this transaction. ❑ This is a Change of Status. Brokerage Firm's compensation or commission is to be paid by © Listing Brokerage Firm O Buyer ❑ Other N/A. • • CBS44.10.C T BUY D SELL REAL ESTATE(LAND) !t/4/2011 19:42 PaRr 15"f 16 Buyer W SeUer Midas Brokerage Firm's Name: Prudential Rky Mtn Realtors Gr • Broker's Name: Prances Burns Broker's Signature Date Address: 4673 N 20th St Unit B Greeley, CO 80634 Phone No.: (970)351-0090 Fax No.: (970)351-6424 Electronic Address: N/A 33.BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. (To be completed by Broker working with Seller) Broker ❑ Does ❑ Does Not acknowledge receipt of Earnest Money deposit specified in §4.I and,while not a party to the Contract,agrees to cooperate upon request with any mediation concluded under§23. Broker agrees that if Brokerage Firm is the Earnest Money Holder and,except as provided in§24,if the Earnest Money has not already been returned following receipt of a Notice to Terminate or other written notice of termination.Earnest Money Holder shall release the Earnest Money as directed by the written mutual instructions. Such release of Earnest Money shall he made within five days of Earnest Money Holder's receipt of the executed written mutual instructions,provided the Earnest Money check has cleared. Broker agrees that if Earnest Money Holder is other than the Brokerage Firm identified in §32 or§ 33.Closing Instructions signed by Buyer.Seller,and Earnest Money Holder must be obtained on or before delivery of Earnest Money to Earnest Money Holder. Broker is working with Seller as a ❑ Seller's Agent 0 Buyer's Agent ❑ Transaction-Broker in this transaction. ❑ This is a Change of Status. 1111 Brokerage Firm's compensation or commission is to be paid by ❑ Seller ❑ Buyer O Other N/A Brokerage Firm's Name: Prudential Rky Mtn Realtors Gr Broker's Name: Yadira Carrillo Broker's Signature Date Address: 4673 N 20th St Unit B Greeley, CO 80634 Phone No.: (970)351-0090 Fax No.: (970)351-6424 Electronic Address: N/A 685 • CBSI-8.10.CO Y AN14 4fLL REAL ESTATE(LAND) 94/2011 19:4: Pugc 16 of I6 Buyer initial r /UK- Seller Initials • Certificate of Conveyances Weld County Services Department of Planning State of Colorado ) County of Weld ) STEWART TITLE OF COLORADO hereby certifies it has made a careful search of its record, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION: Lot B of Recorded Exemption No. 0961-1-3 RE-4573 recorded March 25, 2007 at Reception No. 3464197 and being a part of the N 1/2 of the SW 1/4 of Section 1, Township 5 North,Range 65 West of the 6th P.M., County of Weld, State of Colorado CONVEYANCES (if none appear, so state): Ni Reception No.: 1558272 Book: 636 Reception No.: 2212871 Book: 1263 Reception No.: 2213171 Book: 1263 "' Reception No.: 2443876 Book: 1498 v ReceptionNo.: 2713983 • Reception No.: 2762560 Reception No.: 2762561 Reception No.: 3292561 Reception No.: 3517780 .". Reception No.: 3464197 Reception No.: 3597948 Reception No.: 3683830 This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title nor an opinion of Title,nor a guarantee of Title, and the liability of STEWART TITLE OF COLORADO is hereby limited to the fee paid for this certificate. hi Witness Whereof, STEWART TITLE OF COLORADO has caused this certificate to be signed by its property officer this 30th day of September, 2011,with an effective date of September 13, 2011 at 7:45 am. STEWART TITLEF COLORADO BY:BY: b-U /U r u�- .7--)601A) Authorized Signature • 2011-2825 also.000.o Recorded et_ :CL C o'twr .Y -.,F:L- 1 A! _ L 4 , • , - L ...,....Reweder. . �.. k *mottos Na.—_...... 155.'... , _,ANt to ri •g AIL Mat�timer Ststnta, th.a. We, GRAbE EIGHT GATEWOOD • '•I • '� ▪ '- . a¢d. 03EPH S. QATEWOOD. • - " i a t I _ P111k _ ...._._sadstateaf__ AR ON1C#-1:. I �- .3 other valuable consideration and TEN_- -.: -;2r d 1 ; O � • I- (-. .• :4-....a . ! - ' 1la ptfldshmeby del o end anve?(r)'to NOFFSINGER NA Q fi,C T��Ui inn CO,,t._TNC A I , of COLORADO CORPOAA33U);'c. mainsamair . Pt _rue fil, _. �[reel awaRv.in*Le Canty ate. YIELD__ .---`--------rend state of Colo ado, a i.‘-:‘ . i at fit; The Northwest. Quarter (NW 1/4) and the North Half (N 1/2) of ;' � the Southwest.Quarter (SW 1/4) of Section One (1), Township Five (5) North, range Sixty-five (65) -West of the 6th P.M., TOGETHER with four- pz t"! teen `14) shares of the capital stock of The New Cache,la Poudre ' .i.,; . { Irrigating Company, twenty (20) shares of the capital stock of The %I Z, Cache la Poudre Reservoir Company, .two (2). shares of the capital Stock ,.. t: 1 0 of The Union Lateral Irrigating- Company,,:and one (1) preferred water 0 r,' � right from.the-: Hoesil Creek Reservoir:of The' North Poudre-Irrigation .j Company, end-together withany and all lateral ditch rights, rights of way and other irrigation privileges thereunto belonging. EXCEPTING ' THEREFROM that portion thereof heretofore- conveyed to the Department p of Highways of'the State of Colorado by deed Pcorded in .Book 1450, OI • Page 134,-Weld County' Records. RESERVING unto Grantors,' as joint " ! ? tenants and not au tenants in common, an undivided one-half (1/2) I - I>�i interest in and to all oil, gas and other minerals underlying said k* land, with the right of ingress and egress to prospect for and remove ' ;; • .I the same, . - l witt�ht.�aal33t its appurtenances. and warrant the title to the same, subject I s vi;`! o ptovisioha of United.Stites Patent; to seepage, percolating and waste water agreement recorded in Book 306, Page 328, Weld County k fk Records; to right of way described ininstrument recorded in Book 78, 5icPage 80, Weld County Records; to right of way recorded in Book 1003 `+4. $. - - Page 599, Weld .County. Records; to right of way recorded in Book 1.068, e O elniumaim- .fl ax Page 3101 weld County , . Recordds'• ta easement described in agreement -recorded under RecOtaon-" � No. 1424405. in Book 5OOWeld County Records; to rizhta of way for 'ttiLio- '. county roads ditches and utilityllines affecting the iEove�3esZricer '. ! property: and to- taxes, for •the year 1970.• Payable in 1911.__ __ k I tired "' _._._._.__-dq 0.:—......._—_---_..........__---..November A D:19-7°. I , Iothe PYeeeace i esisosos:�aisoRsoo . State Doeumentoty Fee STATE Ol ARIZONA . II kr-. Dote -B 119f._ ..... .... . oafs of_ P- —I—.� 1- G►+../y.. �� j . I $ - -'�. Atli .. "the t Saad"siltymowledied before me tr e L+y�sateC-}Si ff' Joseph -Taliood _' . . -With my head and '• and.*gh of them. I r: My mtew o moa' , ["L7 t< `S ` v r lemon r;itaWeg:nraiM4Yh.wemFeru.S.M.Y_.mssepmnallt= i •' " -a eN pa Cie. wwW4MY IO —etamn,n..64tg minpon!.Mtl.— . ! Ma?1 On r . • a 2251 n�' j =.16706 rad-oa lfaea. " • - r 02.95 Nan R f jRa4�R RE EXEMPT �. 0 -SS-R FLB / 5327 I' Bier 07949 w«11.6.4 N aR4 j ai T. '. 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W tree to d!M ratan 0.0 CORN en a We W I e lanW•m tlaferrusT a•Abe•••••••••M aesaW e tt•esret N 1atNaN a reset a W NY alsaw N en .I . tract a 1esa. ran rent l anaele Me was am Ise near 4,414 ▪MnNm la l 154 tea a GIN la 1�I ji;.:: P -.Atom 1S—/-9O , r T1 M: - N.TM eaNML NMI a Ng Tr N IN a IN iii 1 y-� 3X3314 IMa3154aAYR4r LI,p.*RR.C. t k,' i ?A la�wa+r rnnwR.asRe ac ..-.> s4- .4/8 L\G Tm no w in m on mama MON in at 4 i rrM La, nJC. ' W 4 as �� Araw a Mat . 4 {I•M KiraaP15Ara 1r• SIR I.Y..--- • ' r or r3. aie a.s..M e. to SW tKi, le 4001411000 of gale i ;talk 46 IUD IN 131. . ee A61hls B 1263 REC 02213171 05/08/90 12:31 10.00 1/002 AR2213171 F 0897 MARY ANN FEUERSTEIN CLERIC S RECORDER WELD CO, CO _ - WARRANTY DEED • THIS DEED,Mode to is 7th day of May ,IS 90 State Documentary Fee bfw " NOFFSINGER MANUFACTURING CO„ INC. Date..... 120 a corporation duly organized and existing under and by virtu:of the taws of the Sum of COLORADO grantor.and 8L VENTURES, INC., corponrion duly organized and existing ender and by sin a: of the laws of the State of COLORADO grantee:whose legal address is 4101 W. Service Road, Evans, Colorado 8062O WITNESS-FM.That the Franwr.for and in eor.siden:ion or the sure of FOURTEEN THOUSAND AND NO/100ths DOLLARS. 'I the receipt and sufficiency or which is hereby acknowledged.Pas granted.outgunned.sold and conveyd,and by these presents does grant,bargain.sell. convey and condren,unto the grantee,its successors and assigns foyer.WI the real proper deism.with Impromrmnts.if any, lying ad being in the 'Como of WELD and Sage of Colorado.described a fellows: SEE EXEIEIT "A" ATTACHED HERETO AND MADE A PART HEREOF RESERVING HOWEVER, unto grantor, all oil, gas and other minerals ?DC presently owned by said grantor, if any, in, on, under, upon and that may be produced from said premises, TOGETHER WITH the rights of W ingress and egress necessary to explore for, mine and remove such oil, gas and other minerals. • also known by stet and number as: 'fOG ETHER,with al and singular the bend ilamenin and appunonnN es the%unto belonging.or in anywise append ni ng.and the reversion and Ali reversions.mmai nder andrt d em andp R thereof:and all Ian all thie estate. ght title.lenient,claim d de d whatsmwercf the t eitherI v and to the Mine bargained permims.with the hereditament.and appurwrances. • CO HAVE AND TO HOLD the-'`prs M I dd. bW en the-ppn unto d ! w —and t: I revs.And I 'grantor i w r Ill its sea d-'igns.sloes mmenent. t bargarn' d ag to nd with the;ranee.its successorsand a: g.s, that a:the time of Ih_ensee mE and deltwy of these presents.it is well select or the pre noes abase conveyed.has good sure,perfect.absolute and Indel:aaibin ethnic of inheritance.ir.Paw.in(cc simple,and has good night,full power and lawful auttonty to grant bargain.sell and convey the same in Tr manner and fort;do%said.and the me ease arc free and char from alt former and othergrlras.berpeins.sales,liens.luxes.assessments.incumbrances and restrictions of wnatewer kind or namresayen evert general taxes for 1990 and subsequent years; except easements, restrictions, covenants, conditions, reservations and 1 rights of way of record; if any; and except Oil and Gas Lease recorded December • 14, 1979 in Book 890 as Reception No. 181:945. The grantor sloth and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee. its suceeesun and assigns,against all and every person or penes lawfully claiming or to claim the whole or any par,thereof. IN WITNESS q'MEREOF.The grantor hnuased his corporate mane to be henama subscribed by In Vice president,and its corporate seal to be hereunto affixed,attested by its secretary,the day and year fist above written. Anesst: NOFESINGER MANUFACTURING CO., INC. a Colorado Corporation rep T. N4 _ w "v.. � —"' 'STATE OF COLORADO. , Ca n • tdunp of WELD �.•, Inc forte:ing instrument was a+nwledged rehire ne this 7th day of May ,Is 90 .by James L. Noffsinger as Vice President and as Sort:tmy of .a corporation. Nof`_singer Manufacturing Co., Inc., a Colorado Corporation a.m,. My commission=Ode, Deoeinpet'7sa 48 0 Wine a my hand and official seal.•.rt^. " O,I a'-, 1✓ ' q7;\•::�.:, ',.`G °. s,ae,.lent Ir' r or , — 1113 10th Avenue • Q ` Greeley, Colorado 80631 , r O 9f in Denver,inser:"City and. y y �N�u Ne.767.Rev.6-85. WARRA.m'DEED teorpomumnCorporation, ertlfard Nel:nlinp.5e,W..6th Ave..Lhnw.'.CC p_td—tool:1}bV] IE-t6 EXHIBIT "A" • B 1263 REC 02213171 05/08/90 12:31 810.00 2/002 F 0898 MARY ANN FECERSTEIN CLERK S RECORDER WELD CO, CO Covering the Land in the State of Colorado, County of Weld. Described as: Lot A of Recorded Exemption No. 0961-01-3-RE1251 recorded May 4, 1990 in Bock 1263, as Reception No. 2212871, being more particularly described as follows: A tract of land being that part of the North half of the Southwest quarter of Section 1, Township 5 North, Range 65 West of the 6th P.M. lying South of the South right-of-way line of Colorado State Highway No. 263, weld County, Colorado and being more particularly described as follows: CDHMENCING at the Northwest corner of said Section 1 and considering the West line thereof to bear South 01'26'03" West, with all other bearings contained herein being relative thereto; thence South. 01'26'30" West, 3768.02 feet to the Southwest corner of said North half of the Southwest quarter; thence South 88'07'04" East, 1991.42 feet to the TRUE POINT OF BEGINNING; thence North 00.55 '09" East, 581.85 feet to a point cn the South right-of-way line of said Colorado State Highway No. 253; thence along said South right-of-way line by the following two courses: North 86'03' 30" East, 349.00 feet; 250.97 feet along the arc of a curve to the left whose radius is 3860.00 feet, central angle is 03"43' 31" and whose chord bears North 84' 11 '45" East, 250.93 feet to a paint on the West line of a parcel described in Book 775, Reception No. 1677460, Weld County records; thence along the West and South boundary of said parcel by the following two courses•. South 02'36'36" East, 408.05 feet; South 75'40'38" East, 67.72 feet to a point on the East line of • the Southwest quarter of Section 1; thence South 00'55'09" West, 229.39 feet to the Southeast corner of the North half of the Southwest quarter of said Section 1; thence North 88'07'04" West 686.05 feet to the TRUE POINT OF BEGINNING. • AX244387b Warranty Deed THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the • "property')from the individual(s),corporation(s).pan ership(s),or other cstitylics)named below as GRANTOR to the individual(s) or endty(ies)named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property,except for(I)the lien of the general property taxes for the year of this deed,which the GRANTEE will pay(2)any easements and rights-of- way shown of record (3) any paten reservations and exceptions(4)any outstanding mineral interests shown of record (5)any protective covenant and restrictions shown of record(6)any additional matters shown below under-Add'ittaIWnlmtry Exceptions', and(7)subject to building and zoning regulations. D.F. $3.40 The or: This Terms of is Deed Are: Grantor: (Give navels)and PIaWa)of residence;if the spouse of the owner-grantor ajowiet in this Deed to release hammed rigM1a.Nnuffy grvuws a husband-wife.) BL VENTURES, INC.,A COLORADO CORPORATION Grantee: (Give oane(s)and addras(a):statement of address,'retains available mad w street Camber.) RAY ADLER AND ULA RAE ADLER X31 51 ,ac- 23146 HWWY1A3,GREELEY, CO 80634 Form of Co-Ownership: (If there are two Of mare trainees named,they will be comidered to take as tnoRa im(onuoon wilco the words'in joint tenancy'or words of the mate earning are added in the space below.) JOINT TENANTS Property Description (Include naeey and ware) LOT A OF RECORDED EXEMPTION NO.0961-01-3-RE125I ACCORDING TO THE PLAT RECORDED MAY 4,1990 IN BOOK 1263 AS RECEPTION NO 2212871 BEING A PORTION OF THE NI/2 OF THE SWIM OF SECTION 1,TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY,COLORADO. Property Address: 23436 HWY 263 GREELEY CO 80631 Consideration: (flit aatoond of a dollar mount is optional,adequate consideration[or this dad will be presumed alma this conveyance is idenared as gift In an h m tbnveym I absolute.freed and rnv utdinm irl I THIRTY FOUR THOUSAND AND 001100 Rrsenatians-Reshictlam: (If the GRANTOR hands oil move any iactat In ter µwµnry w to convey lac dun in anal,or if the GRANTOR to • restrain,theGRANTEE'S right in the p.openy.make"'prouder:indiction) 2443876 B-1498 P-369 06/26/95 01:42P PG 1 OP 1 REC DOC Weld County CO Clerk & Recorder 5.00 3.40 Additional Warranty Except-tom (Irctde deeds or oust being assorted and other roams not covered above.) Executed the enamor= JUNE 23. 1995 Sigma r for Corporation,PertnessWp we Aseodatioa: Signature for Inmvidtml(s): BL S, INC.,A COLORADO CORPORATION N of G r Corporates, shi .ambition Grantor A q WILLIAM L. NT Grantor By Grantor Anew, STATE OF COLORADO ) n COUNTY OF WELD The foregoing instrument was acknowledged before me this 23rd day of JUNE, 1995 0 By" WILLIAM L.LAMB,PRESIDENT,BL VEnlURES,INC.,A COIARA➢O CORPORATION a, WITNESS my hand and official seal. r� ♦ . My commission expires: MAY 28, 1997 STATE OF ) 1221 ST VE. GREELEY, CO. y.y COUNTY OF The foregoing instrument was acknowledged before me this day of By" (matre individual Grantor(a)or if Grantor is Corporation.Partnership or Association,then identify signers as president or vice president and.secretary or mairant secretary of corporation;or as patnerls)of pannetshtp:nr as authorized e embertA of association.) WITNESS my hand and official cent. Notary Public My tomrniteloe expirmf e 1981 UPDATE LEGAL FORMS WCTC No.201-L 11 (pies-NW lH2 hiy�p t .t M,f ♦ ! �' /F • 9v� &a4- c ;.r � `i ,.' .. �.. ( lyE �Y CE TIFICATIYN OF VyT LREC• Y ,1Y • 4 STATE OF COLORADO k? Ate`AI r � N� i_ � y W_STATE OP COLORADO b ATE FRE„UMBER JCO CERTIFICATE OF DEATH N. 1 uo�- I rrasx-Ewxt Nn,.a.u>auui SO- c..wn OcDEu.Ix..+m,...., mr�+I — I Ray ER � 'too A. .ol.-aIwen �°e"4ww weals naann.oeem Male r • . July io.l9 a9.aw.... CI�m 523-32-4357 s 67 Ir Ix' Septemberf 21,1931 Longmont, Colorado b��a ciii us. in . 1 ,rcivet:Iuraaw..s�urnx..... _,,net o...a cx, to"nono.nnp '+on o oxor,ram✓rsx.o Hospice Unit BN x 1801 16[6 Street I in OW MINN X Weld D m a.,,rvc\,iasn�«orcurc. uxour euam.SsmLufra. w.:n4 MIS wenn.i•A••c. I+E.salts.........,en,u.. N9� wy'�..w. a�mnti e.mnFE=DIN owner/Operator rw Yruc¢5ag Company Married 1011 Rae Pox s� ,an,s,tErv$mr,,[ .)5Wxn ,x SI,.l&rm,6e,GIQr, ,ac elnee,wcxn.nt. Colorado Aeld Creele9 2221 515. AVEpve ill FO an .v ZIP t0R, or®,xru,xitr..r oceAn We sr.... ,e.Kten - nox y.nr.ornnow Y C �{'rvs�� ,. ..ex n 16.�.M R'ii'a"H*ishrt.in+w^ 7.7 O M� 'Y e 80634 ,. � Whim 12 Yeacc. p 0,IIII Emory r • O Adlew.,,..ul re smoN 'Katherine Rre�ning'w*.a .....n ❑la Rae Adler r -WiTe tl•••a a- dr if, Doves. a.�oe.,...xw•�en. ort eelm..di wsnoxw... . . m.,Cc+To.o a. FP :. ow. dno.wi., ian,n Reager Cremeitory Fort Collins, Colorado v..as v2x=ruxeuuoecc,0eax PERSON ecnxc,eeucx a. x �§`,iE "r„ C c¢ 027 113t FStreel Service/Macy Chapel ,,i. /1yeB-/✓L_ 702 13th Street liii-'I I Creole,wColorada ' 80611 i ,b n ro.TUPE - 16, 199 e 9`AfflI Q. DEPUTY j I a MLR I6, 1999 ti` w,..Ymtelo. a raaen -- ve6:45 A.I July 14 . 1999. 6:45 AM s�w,o.,Yes in cordown ' TL C Cx.le�,.i..,wdea we.k.h Ali77 ▪ -.velvrae To sr .mEM..ae.e,c... e,.,.E ....r. I R 5SE"►" 7t5�� 0 a loons,4 y e' aL NAME . - , 23161 Ch.M.,Street a Thomas R. Lininger, MD, 1900 Lbeh Greeley, Colorado 80631 • It ° ,.KamEox xxEa,.rzx 4v.w. 'x 'tin m...n . .iT SC DEK.BFApr x,xo,Cau,sa , at on...xa x. 1 01 s— ,...w.a H.DATE u� .II Aotir.o C.o. =.. '° otsanyw t..II_..laSS aaas%o�,.. ..wumx�.a.,e n....e slat n..w....Mr�w.n.. .. or�.:`.i`." .,.,m..,.",,,,,ee " _ `,,,.,....es..m.p.c........o..ten....a.. t.17Tr inwlarmi I'mo• az out,00eK E0, r� I—C;°' 4 M�ctHitt O n.�.. It.... m,,.w1......tE,,..e....ah,,.... e.. M .R- w a,.a,..,..e..n ff.-No',-.--4i.;....a...», •••• No THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE OFFICIAL RECORD WHICH IS IN MY CUSTODY. ADa61, .'lS(W.1.1) / ////,t _ t I)\TF I lS 1'if.I) C % �,fr{ i P 1_ 1 CM • D Y I L.JURS. 1 (la I m.p lh g d 11 a. a spl ng 11 ( brad I I seal and ',endure f the Rmstrar- 1 ENAI l 5 BY LAN Sett rn 25-2418 Colorado Revised A y •+a'm r �/ Sl l.l I'I p akin,. s sattempts in I o Or f nb pt cs to another for der- ISC •'ni l^y l ( -1I Mande,record NO 1 b Al ID IF IH OTOr OI'ILI) - �+y,iq• �< f ia T ' '• I.. skY ER4TI•H.R CPA E S 1 6 HIS CE t GLTE L v • 3-21-22c0 12, 1'FPM FPIJM WCTC WEST OFFICE 970351 ES 33 P. 2 1111111111111111111 III 1111111III 1111111III 1111111111111 2762560 04/19/2000 09:35A JA Suki Tsukamoto 1 of 1 R 6.00 0 0.00 Weld County CO 57PO SUPPLEMENTAL AFFIDAVIT STATE OF COLORADO COUNTY OF WELD 5oindro TDrlit0..61 , BEING FIRST DULY SWORN, DEPOSES AND STATES THAT She_ , HAS PERSONAL KNOWLEDGE OF THE FACT THAT RAY ALLEN ADLER IS THE SAME PERSON AS __ RAY ADLER. REFERRED TO IN THR COPY OF THE DEATH CERTIFICATE, AND WAS AT THE TIME OF ^HIS_ DEATH THE OWNER IN JOINT TENANCY WITH ULA RAF ADLER _ THE FOLLOWING DESCRIBED REAL PROPERTY SITUATE IN WELD COUNTY, COLORADO: LOT A OF RECORDED EXEMPTION NO. 0961-01-3-RE12S1 ACCORDING TO THE PLAT RECORDED MAY 4, 1990 IN BOOK 1263 AS RECEPTION NO. 2212871, BEING A PORTION OF THE N 1/2 OF THE OW 1/4 OF SECTION!, TOWNSHIP 5 • NORTH, RANGE 65 WEST OF THE 6TH P.M. , WELD COUNTY, COLORADO. ALSO KNOWN AND NUMBERED AS:_23436 HWY 263, GREELEY, CO 80631 AND, THAT AFFIANT HAS NO RECORD 1IJNTEREIST IN SAID PROPERTY. DATED THIS O DAY OF ( kan i'- , 2000 \� - THE FOREGOING INSTRUMENT WAS HEREBY SWORN TO ACKNOWLEDGE BEFORE MB PERSONALLY BY 50/On- CIPIZ DNPI THIS c7cQ EAY 07 al Me f- , 2000_. ctitTNESS MY WAND AND OFFICIAL SEAL_ MY COMM ION EXPIRES:_ 9 'A203 ..%, 1 N�PURL T C EVELYN M. i BURL rjta • aF CI ACltComa6prm 1 9-20o3 1111111 III IIIIIII III 1111111 III 111111! 2762561 04119/2000 09:35A JR Sukl Tsukamoto 1 0l 1 R 5.00 D 10.50 Weld County CO 54, I c5pecial `Warrar ty`Deed • 11-0S DEED is a conveyance of real property from the person(s)or legal entity named below as GRANTOR to the person(s)or legal entity named below as GRANTEE. The GRANTOR hereby sells and conveys to the GRANTEE the real property described below with all its appurtenances,and the GRANTOR warrants the title against all persons claiming under the GRANTOR,except for any particular matters described below under"Additional Warranty Exceptions,"and except for any ofthe following matters estabkshed by the GRANTOR and evidenced by recorded document:easements,rightsbj+vay,mineral grants,mineral leases,and protective covenants and restrictions.The GRANTOR doesnot warrant against the hen of the general property taxes for the year of this Deed. It the Grantor intends this Deed to convey Ins than his entire interest in the Property or d the Grantor intends to intone restrictions on the Grante5 use of the Property,then appronine l geese has been added below under'Raervetms And/Or Restrictions." It there are two or more Grantees named in this Deed they are accepting this mmweance as tenants in common,unless the words'ton tenancy with right of survivonhip"a"joint tenancy"have been added below under"Poem d CoOweerehip." The Grantor acknowledges that there is good and/or vahablecorederatbl for the Deed,and thatleemesideraton inadequate the indication of a dollar amount below under'Conoderadon"does not necessarily mean that the stated amount is the ony consideration In this Deed,and the absence of a stated amount under"Consideration'a not intended to rdkete that there is no consideration for the Deed The following information completes this Deed: D.F. GRA smog:'Due Nanwlsl,Addresses,,and Martial Status) 10.50 ULA RAE ADLER GRANTEE(Give Name(,),Addraalnl JOSE JESUS PEREZ AND HERMELINDA PEREZ 23436 HIGHWAY 263, GREELEY, CO 80631 FORM OF C0OWNERSHIP'. JOINT TENANTS PROPERTY DESCRIPTION: LOT A OF RECORDED EXEMPTION NO. 0961-O1-3-RE1251 ACCORDING TO THE PLAT RECORDED MAY 4, 1990 IN BOOK 1263 AS RECEPTION NO. 2212871, BEING A PORTION OF THE N1/2 OF THE SW1/4 OP SECTION 1, TOWNSHIP 5 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO. • PROPERTY ADDRESS: 23436 HIGHWAY 263, GREELEY, CO 80631 CONSIDERATION: ONE HUNDRED FIVE THOUSAND AND 00/100 RESERVATIONS AND/OR RESTRICTIONS:(II none,leave Has, ADDITIONAL WARRANTY EXCEPTIONS:It none.leave blank, Signed on APRIL 17 / / 2009 (/l//��//q�� aCAr^ ULA RAE AD� Grantor Grantor STATE ss: c Arry OE. D r{pr'egoing acknowledged[was acknwged before me this 17TH day of APRIL ,d9 2000 ULA RAE ADLER'. /1 NEfm Stn eyed arld';oRl-cial seal.o //. dui y mrrtlgsion expires!]-'I-14'00 Y (/ �! //�� Notary Public STA 1 w: COU 1 The foregoing instrument was acknowledged before me this day of ,19 • by WITNESS my hand and official seal. My commission expires: Notary Public 91971 UPDATE LEGAL FORMS �� WCTC No.202 561 Ii 11111ERIE 111111 HIE 11111IIIIII III Illll1111IIII -3292661 05/07/2005 11:11A Weld County,CO 1 of 1 R 6.00 0 0.00 Steve Moreno Clerk&Recorder Quit Claim Deed THIS DEED is a conveyance from the individual(s),corporation(s)or other entity(ies)named below as GRANTOR to the individual(s)or entity(ies)named below as GRANTEE of whatever interest the GRANTOR may have in the real property described below. The GRANTOR hereby sells and quit claims to the GRANTEE the real property described below with all its appurtenances. The Specific Terms of This Deed Are: Grantor: (Give name(s)and places)of residence;if the spouse of the owner-grantor is joining in the Deed to release homestead right,identify grantors as husband and wife,) Jose Jesus Perez and Hermelinda Perez 23436 HWY 263 Greeley,Co.80631 Grantee: (Give name(s)and address(es):statement of address,including available mad or street number,is required.) Valentin Soto Gonzales and Miguel A.Llerenas 23436 HWY 263 Greeley,Co.80631 Form of Co-Ownership: (If there arc two or more grantees named,they will be considered to take as tenants in common unless the words"in joint tenancy"or words of the same meaning are added in the space below.) Joint Tenants Property Description: (Include county and state.) Lot A OF RECORDED EXEMPTION NO.0961-01-3-RE-1251 ACCORDING TO THE PLAT RECORDED MAY 4,1990 IN BOOK 1263 AS RECEPTION NO.2212871,BEING A PORTION OF THE NI/2 OF THE SW 1/4 OF SECTION I, TOWNSHIP 5 NORTH,RANGE 65 WEST OF THE 6r"P.M.,WELD COUNTY,COLORADO. Property Address: 23436 HIGHWAY 263 GREELEY,CO.60631 Reservations-Restrictions: (If the GRANTOR intends to reserve any interest in the properly or to convey less than he • owns,or if the GRANTOR is restricting the GRANTEE'S right in the property,make appropriate indication.) Executed by the Grantor on X OG' 03-o Siga.tune for Corporation,Partnership or Association: Signature for Individual(s): Y rrfific Name of GrantorCorporation,Poutne S< 4,ktba 1 EIFS EREZ V Grantor qy'J (RU HERMELINUA PEREZ i/ Grantor By RASMUSSEN GrantorAttest: 'lFOF STATE OF CO COUNTY OF WELD )ss. The foregoing instrument was acknowledged before me this"..,o/ day of X /' 'm .201(d By'JOSE JESUS PEREZ AND HERMEI.INDA PEREZ G "7 WITNESS my hand and oficial al.j( X Q( py , . My commission expires: x•. r,n v d "- STATE Notary Public - STATE OF ) l > COUNTY OF )as. The foregoing instrument was acknowledged before me this day of ,20 By' ('n me individual Grantor®or if Grantor is Corporation,Pa.meship or Association,then identify signers as president or vice president and secretary or assistant a¢tetary of enrponrion:or as paunerts)of Prawn-ship;or as authorized membars)Df association.) WITNESS my hand and official seal My commission expires: Notary Public 1 r e • CO 1981 UPDATE LEGAL ORMS WCTC No.203-L 20'7 1:14'M S.TEV".T NC 206 F. 2 a 1111111 11 111111111 I I I 11111111111111111 I I 1111111111 I I I' • 1� 3517780 1111512007 04:12P Weld County,Co 1 of 2 R 11.00 0 0.00 Steve Moreno Clerk&Recorder WHEN RECORDED RETURN TO: ore: Rarnon E.2 5 12— Llm_� �l ' i)� Address: !/ f if CVPLII Ir t . 't)(,Z,o QUIT CLAIM DEED THIS DEED, Made this 6th day of November, 2007, between ValenRanS Soto Gon E. zales aannd Miguel A. Lleienas of the said County of Weld and State£of said County of Weld and State d f Rosario I.Llerenas„ Valentin Soto Gonz ale, Colorado,grantee: WITNESS, that the grantor, for and in consideration of the sum of Teo dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed, and QUIT CLAIMED, and by these presents, do remise, release,sell,convey and Quit Claim unto the grantee,his heirs, successors and assigns,forever, all the right,title, interest claim and demand which the grantor has in and to the real property, togtther with improvements,if any,situate,lying and being in the said County of Weld and State of Colorado described as follows: • Lot A of Recorded Exemption No. 0961-01-3-RE-1251 According to the Plat Recorded May 4tb, 1990 in jjBook 1263 as Reception No. 2212571, Being a Portion of the N 'L-of the SW V. of Section 1, Township 5 North, Range 65 West of the 6t° P.M., Weld County, Colorado. also known by street and number as: 23436 Highway 263,Greeley,CO 80631 TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining,and all estate,proper the right,title, interest and claim whatsoever, of the grantor, either in law or equity, to the only P per use, benefit and behoove of the grantee,his heirs and assigns forever. The singular number shall include the plural,the plural and the singular,and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above. rile'.umber: tiffany Strna,t Tide o'Culondo Quit Claim Deed(Indhd rim Pasc I of 2 �� N2cz /C5 UPI L • 111111111111 I I I I I 111111 I l l l l 11111111111 I I 11111111111111 NO. 3517780 11/1512007 04:12P Weld County,CO 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk&Recorder • ,i7,`w 507-0 c;Dw2,We-5 Valentin Soto Gonzales Miguel A.Ll eras STATE OF COUNTY OF Weld The foregoing instrument was acknowled ed before me this 6th day of November,2007,by My commission expires y,h r Witness my hand and official seal. Notary Public:r5.VP;2,'N PEREZ NOTAR'( PUBLIC STATE OF COLORADO • Fae Number.utanny Stewart Tiac of Colorado (!nit Claim Deed (individual) Pagc 2 oft • z 4 w• 81 Sti 544 It n T= 814!,8 N 3 X88 Vti: n'�� 8g nrfl E i e '4¢ Y� @� fli..t w €t�_ . isL. k es & 9i£ i t f' ¢ y w% deAp �p ry¢Bry¢.FEef{{ nI 54 �' 1yYe Vii 8648-f 6 [E £ 4p CC k M83 f 4 i ' , I if T' Yl,tttg2 i Y S 555""""�� p YYY q7�' gg cc S iiii YY Y �+ §§ gg L i �zR `€ 9 s '$ Y 5g5�€ Ge e5yiy5 p;.J e i i 3 9i551na `4fl SI e . =z n i e 4 feet € Y 640 £ p gR h t t eR @it tt 945E f ff t 22,42,-.2,x [pi 4 'g p}t e a .4q; 555! ;! !.{ s 'c 5 "€ y rtlftr1 `dal ti 9s1s .''ll i4'° $E ee iit a €r *` t t sg p $r rp €yiy g% ra$ p@gi N £ r ti e re § x ii g€ t₹tee t f₹ 9 ay}Sp tr 5$ n n) et •- Z "!j ! ` € a i $ [! C! ''£ ' S ai g€959ra f ptq₹ "s i dr£P I , file€tf £y £ g Z G2 86`e i t2r WI! M f 9 iyyp 6 $r 2S9 $ pk t;3 G Y F6 W1 ;I tr )£��¢L e§ O £n °tp f £ s Lf i! ,ill !1 �z a e£ t4 ��aPGGt' 4 ti 3"@giCt ar 1! ft T r-a Iat 'if - ze. I wit !e° 1 ii -i l€ -. °a etpa k .£ itSt)tl ' EF € .5 iigi a D! 9 (,t' ti i e a iw p t is f a 34 g Y £..6 $ r£r II' 6 V I4 pit l 3 3x Y xa �d yi5�➢b r8 afte F E g q `l g if gi li ;III' i Co) W W si t ', r e 93 i t$t 6 `4 II e o ➢ av8 dg f t is g S 2 '4$ $ n. y•g w�sy4 $5 5 s i@ a_ 'f"g$e Sty! s £e qpf fy°a[ S 3s 'fi� &5y3e'g�334,SYf .EEig 9i O Q B�r B}M33 a 3 3 6563 6f YTa ;5V l! 4 li Pig; 3I £" Xgt ia.1; g It Ei 'J 6 It6 f 3�' !ry;$W Y1 W C 4 afS tigt t tl s iittt 3i gt33 t R4 a f erls4 °ff 's ii.e a ali'! g i iaitt ggrS 1 eft al C Im 2 ',B III' e ! INII ae i) 60 '' 5; r III5I rf ,f£B-'l Ii5iY6 6 a¢4 4680085- 1,'s z•l €a ey r 10.. !a a PIP'� z ) is a ;hi; tE gt gee t f� t)$,t. - ct C €g E.�- 44 4; t 1�l i' s t)El,. xia 8 �) lfia .f2 t)s gyp . wf ftWW2 awf 4!�- 5 4. 41 n CC d 24 flea ° „ t y¢ ₹IP ys :rig gr 'fr ci tf ti r ! ar!ig iriir a di t%tp#rY t.212 Jig t iii Sethi °t k t6 ≤ €n IIIyyy3 PilvAti t,55 -��f. O) t j Q E Fa 6Afn q el s. vr1gg5 1:1 $ 1p - g'ri `f -.g w - °ithz xi Sa k I;5 g k E t£! tits 4 ' #-q¢ 2 uk ;s • c 3:O = ; iglil s @, si 114 f Ill!I th el a �1 D_i rat III i:3i fxi t I tilt Pe ek t e' a`i fl f€ 't O y CO Yea �I 484(8 =S Fief : , N ffi Y:ttttf ca r bat W O W O e f z. �a S €tda Ill k LL 2W I O. egg#€ili 0: -58 triii C CC i n O OO r f, ; I U Z a i g; W Illy) a , C �a s!3 Oz a,,L,(,. F- _ t rzf C O 0 f ` n€ ' i a - a oit 8 .t Ft t fir! 9 _ ₹`v y -£fpp e • ill gis ! s ) w-g f € a - ""� USA '''f2tmie 6g m pi Al g i5gg 61 1111111 IIIII111111 IIIII(IIII 111111 ID III IIIII IIII IIII 0" 3697948 01/05/2009 04:17P Weld County, CO I of 1 R 6.00 D O.DO Steve Moreno Clerk&Recorder • QUIT CLAIM DEED THIS DEED Made this day of_ , 2008 between MFyuel k. LLeyenC1c, cincl UGIcn 'n Sc5.4-n 'crrzol s of the County of Wet and State of COLORADO,Grantor(s) • and Rncs,dalena `x-A9 - 6Thor enlc? and licilenlln Sc->ko, Gton-ao whose legal address is t 333 ;i'r{ '}5 _fe -a< f<_ rea!! Cr)t (162,3`7 of the Cauntyl of GO I[`1 and State of COLORADO,Grantee(s) WITNESSIETH,That the grantor(s),for and in consideration of the sum of TEN AND NO/100 DOLLARS,(SIORO),the receipt and sufficiency of which is hereby acknowledged,has remised, released,sold,and QUIT CLAIMED,and by these presents doesiremise,release,sell and QUIT CLAIM unto the grantee(s),his heirs,successors and assigns, forever,all the right,title,interest,claim and demand which the grantor(s)has in and to the real property,together with improvements,if any, situate,lying nd being in the County of Weld and COLORADO,described as follows: PT Nal6kH 13 Lab H 1-O-4I-IPo Cn1-0-413 'Rec. EAernf1.1- IMF IS`73 y50!) kob;le/lvlerloho TI lc_ on Kyle,cc7fn `tear • j95g /a x91O SiEL0 ; 039 3i 66o,Se-R (-t;qd °o ce) ll ) 1 (nom • also known by street and number as: 7-37 3[,p (CC.-S C 1_ e.I(i/ �-C� Weld t fl) i 7 TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise (hereunto appertaining, and all the estate, right, title, interest, and claim whatsoever, of the ' grantor(s),eit ter in law or equity,to the only proper use,benefit and behalf of the grantee(s),his heirs and assigns forever. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all ' genders. IN WITNESS WHEREOF,the grantor(s)has executed this deed on the date set forth above. ><,n 5 010 STATE OF COLORADO SS: �y�SBARg1�S'at4 COUNTY OF Jt/e/d } �Qvr�•AaOTAq V:".y/rr The�foregoing instrument was acknowledged before me this Si day of3 atA i7 2008 by &Yet A aief r : ; • • . F 6.OLOP-� N ary Public ......... Witness my hand and official sea My Coimt fan Expkes 01/102910My Commission expires:ha(Y//O/..rD/a • QDmxy Quit Claim Deed 830 . 1111111 11III 11111111111 lit1111111111111 III lit MIME 3683830 03/30/2010 09:37A Weld County, CO 1 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder • Alter Recording Retum In gt QUIT CLAIM DEED This Deed Made this.8.4 of MaCI'2010 between-I , 1" �yal , Ll c r e rpS V atcn4(n S o O :CO ont_alc`J and, sR of the County of Weld and Stale of COLORADO grantorfs),and g1SR�)n So+a loon n_r7 as WQ g ose le la sass u S l f..J r-t (. [� of the County of County ofNNW, ' �"'X ee �L —I� grantee((s), W ITNESSTH,that the grantor(s),for and in consideration of the sum of Ten and 00/100 Dollars($10.00), The receipt and sufficiency of which is hereby confessed.acknowledged,has remised,released,sold and QUIT CLAIMED,and by these present does remise.release,sell and QUIT CLAIM unto the grantee(s), their heirs, successors and assigns. forever, all line right, title, interest, claim and demand which the grantor(s}has in and to the real p„,perry,together with improvements.if any,situnte.lying and being in the said Weld,and State of Colorado described as follows: 9 }. 1Jasw4 15 (,5 Lo+ 8 12c Exefre+ Ro- LIS-13C ilSC1)5i+05•, a 343L. LeO. E5' c r weld cc et 00000 also known as street and number: TO HAVE AND TO HOLD the mine. together with all and singular the appurtenances and privileges thereunto belonging,or in anywise thereunto appertaining,and all the estate,right,title.interest • and claim whatsoever,of the grantor(s),either in law or equity,to the only proper use.benefit and behoofof the grantec(s),their heirs and assigns forever. The singular number shall include the plural,the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF,the grantor(s)has executed this deed on the dale set forth above. Signed this t day of jAehtb20I D. bV Rl{,J6 1NIt— Srro Salami Q o BLANCA LIDIA j:', Commissio sat. • 'r Notary rub' LotAnq. --4Co marlieW STATE OF96LOILMDO W0.s`knoll:PA COUNTY OFWall ✓q K) ni&. }SS: pp ��/�s The foregoing Instrument was acknowledged before ma this 11444),a of Ma yCI•2b I0 by Witness an 'al I. `O . �r d'• ¢•0/).�pj�' Notary =m p••.�= My co �� .JQ �� % wsdill IYr A.• "1',7°014..13_a .`S • 1111111 11111 HIM 11111 11111 11 1 1 11111 I I 11111111 I11111 • 3683830 03/30/2010 09:37A Weld County, CO 2 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - State of California County of On D yr21//G" - before me, h7/1-x-,t //k;-) L: i'\ 111 vc'/ 41,-1;9'7 /L ;/h- L Da t/ Name and Tale of Otter leo..vane Doe.Notary Pouffe) personally appeared M ! S ry/ A /Lr re /As Name*!of Slgnerlsl personally known to me K (or proved to me on the basis of satisfactory evidence) to be the person(%)whose name(k)isles subscribed to the within instrument and acknowledged to me that he/sAeithey executed the same in his/1er/fhdir authorized ��ma-�y, BLANCA LIDIA PENA TLAHDEL ca acl and that by his rftl it signature(() on the Sin r),„,... Commission N 1826983 p tY((e�)' Fr instrument the person(k), or the entity upon behalf of r a Notary Public-CalifO:nia z �r �w9!f� Los Angeles County ' which the person( acted, executed the instrument. My Comm,� Expires Dec 15,2812' ' � WITNESS my hand and official seal. • ,Wt J / Place Wary Seel Aova Signature of Notary Public rr — OPTIONAL Though the information below is not required by taw, it may prove valuable to persons refyfng on the document and could prevent fraudulent removal and reattachment of this form fo another document Description of Attached Document - , TO le or Type of Document: U'✓ •r1— �7'''r.‘>> t \-e Cif PENA TLAHDEL n*1826983 Document Date: C' 3// g l '>-CiG Number of Pages: / k-California / '- - -- ---- tits County ka_Dec_1%2112_t Si';nerpg Other Than Named Above: t/ T•,(2..q rev et— Capacity(ig04 Claimed by Signerl$t+) Name: a �av .c Signer's Name: Signer's L Individual ' L I Individual Corporate Officer — Title(s): Li Corporate Officer— Title(s): LL Partner— CI Limited ❑General RIGHT THUMBPRINT En Partner— L Limited I-1 General RIGHT UMBPRINT 11 Attorney in Fact OF SIGNER ,.'Attorney in Fact OF•IGNER Top of thLmh here Top of sumo here L! Trustee El Trustee Li Guardian or Conservator -'Guardian or Conservator • El Other: L Other: __ 1 Sicner Is Representing: Signer Is Representing:Taw - - — ©2(06 Habana,Notary AasWefion9JSU De Soto Are,PC.Sox 2402•Cha!swoM1h.CA 9t0112<02 Item No 590] Reamer:Carl Toil-Free 1-900 070.6827 Hello