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Home My WebLink About20091392.tiffRESOLUTION RE: APPROVE COUNTERPROPOSAL FOR PURCHASE OF STANLEY PROPERTY AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS - ROBERT STANLEY COMPANY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Counterproposal for the Purchase of the Stanley Property, know by the address of 300 8th Avenue, Greeley, Colorado 80631, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Robert Stanley Company, c/o Alliance Real Estate Services, LLC, dba RE/MAX Alliance, 5586 West 19th Street, Suite 2000, Greeley, CO 80634, commencing upon full execution, with further terms and conditions being as stated in said counterproposal, and WHEREAS, after review, the Board deems it advisable to approve said counterproposal, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Counterproposal for the Purchase of the Stanley Property between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Robert Stanley Company, c/o Alliance Real Estate Services, LLC, dba RE/MAX Alliance, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of June, A.D., 2009. BOARD OF r1 NTY COMMISSIONERS W LD2 OU j, COLORADO ATTEST: o fl'j i ��s _ ✓� Weld County Clerk to t BY Deputy Clerk to the Boa APPRO ' S TO F ounty Att.• ey Date of signature. 40/029/9 il' m F. Garc .. air Douglas R-:emacher, pro-Tem Seen P. Conway EXCUSED David E. Long 2009-1392 PR0031 C 7 by/O,7 /MIK' ALLIANCE Alliance Real Estate Services, LLC dib/a RE/MAX Alliance 5586 W. 19th Street, Suite 2000 Greeley, CO 80634 Phone: (970) 330-5000 Fax: (970) 330-5100 The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (CP40-9-08) (Mandatory 1-09) 3 4 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR 5 OTHER COUNSEL BEFORE SIGNING. 6 7 8 COUNTERPROPOSAL 9 10 II 12 1. This Counterproposal shall supersede and replace any previous counterproposal. This Counterproposal amends the proposed contract 13 dated June 8, 2009 (Contract), between Robert Stanley Company, A Colorado Corporation 14 (Seller), and Corporation " TBD " 15 (Buyer), relating to the sale and purchase of the following legally described real estate in the County of Weld, Colorado: 16 See attached Exhibit 18 19 20 21 known as No. 22 300 8th Ave. 23 Street Address City State Zip 24 2. § 2.3. DATES AND DEADLINES. No Change 30 31 3. § 4. PURCHASE PRICE AND TERMS. [Note: This table may be deleted if there are no changes.] 32 33 The Purchase Price set forth below shall be payable in U.S. Dollars by Buyer as follows: 34 Date: June 10, 2009 Greeley CO.. 80631 , (Property). Item No. Reference Item Amount Amount 1 § 4.1 Purchase Price $ $325,000.00 p..,•r r s, a.a�, 1 2 § 4.2 Earnest Money Yvcrrt,-, bn. yty'i $ $10, 000.00 3 § 4.5 New Loan Ws s*`i Y i $ No Change 4 § 4.6 Assumption Balance $ No Change 5 § 4.7 Seller or Private Financing . ' '} , $ No Change 6 No Change No Change $ No Change $ No Change 7 No Change No Change $ No Change $ No Change 8 §4.3 Cash at Closing ' $ $315, 000.00 9 TOTAL $ $325,000.00 $ $325,000.00 35 36 - 37 4. ATTACHMENTS. The following are a part of this Counterproposal: 38 Closing Instructions, Sellers Disclosure, Source of Water Addendum, Earnest Money Receipt, Afflitated Business Arrangement Disclosure. 39 40 Note: The following disclosure forms are attached but are not a part of this Counterproposal. 41 same as above 42 43 5. OTHER CHANGES. 44 1 The rear portion of the shop building is rented on a month to month lease. Tower attached to subject premises is leased along with an adjoining room for access of equipment. Seller shall assign his rights to both leases and furnish copies of said leases to Buyers agent no later then 2 business days after the MEC and shall be included in review and approval in the Inspection Objection Deadline date. CP40-9-08. COUNTERPROPOSAL 6/11/2009 12:30 Page 1 of 2 2009-1392 2. Per Parg; 4.2, Earnest Money. The earnest money shall be held by RE/MAX Alliance. Closing and Settlement shall be Heritage Title Company per attached Closing Instructions. 3 Regarding parg; 13; item 13.5 the mineral rights have been leased and are excluded from this sale, Seller shall retain all mineral rights. 47 48 6. ACCEPTANCE DEADLINE. This Counterproposal shall expire unless accepted in writing by Seller and Buyer as evidenced by their 49 signatures below and the offering party to this document receives notice of such acceptance on or before June 16, 2009 noon Date Time 52 53 If accepted, the Contract, as amended by this Counterproposal, shall become a contract between Seller and Buyer. All other terms 54 and conditions of the Contract shall remain the same. 55 56 Date. //6/6 Buyer's Signature Address: Phone No • Fax No.: Email Address• Date c ! r d Seller'b-rt W Se ler's Signature Address: 3115 35th Ave Greeley, Co 80634 Phone No.: No Change Fax No.: No Change Email Address: No Change 57 58 59 Note: When this Counterproposal form is used, the Contract is not to be signed by the party initiating this Counterproposal. Brokers must 60 complete and sign the Broker's Acknowledgements and Compensation Disclosure portion of the Contract. CP46-9-08. COUNTERPROPOSA h 6/ I I /2009 12:30 Page 2 of 2 Aar ALLIANCE Alliance Real Estate Services, LLC d/b/a RFJMAX Alliance 5586 W. 19th Street, Suite 2000 Greeley, CO 80634 Phone: (970) 330-5000 Fax: (970) 330-5100 The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission (CL8-9-08) (Mandatory 1-09) 1 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX 2 OR OTHER COUNSEL BEFORE SIGNING. 3 4 5 6 7 8 1. PARTIES, PROPERTY. Robert Stanley Company, A Colorado Corporation, 9 Seller, and Corporation " TBD ', 10 Buyer, engage Heritage Title Company, Closing Company, who agrees to provide closing and settlement II services in connection with the Closing of the transaction for the sale and purchase of the Property known as No. 12 300 8th Ave. Greeley Co. 80631, CLOSING INSTRUCTIONS Date: June 10, 2009 13 Street Address City State Zip 14 and more fully described in the Contract to Buy and Sell Real Estate, dated June 8, 2009, including any 15 counterproposals and amendments (Contract). 16 17 2. INFORMATION, PREPARATION. Closing Company is authorized to obtain any information necessary for the Closing. 18 Closing Company agrees to prepare, deliver, and record those documents (excluding legal documents) that are necessary to carry 19 out the terms and conditions of the Contract. 20 21 3. CLOSING FEE. Closing Company will receive a fee not to exceed $ $350.00 for providing these closing and 22 settlement services. 23 • 24 4. RELEASE, DISBURSEMENT. Closing Company is not authorized to release any signed documents or things of value prior 25 to receipt and disbursement of Good Funds, except as provided in §§ 8 and 9. 26 27 5. DISBURSER. Closing Company shall disburse all funds, including real estate commissions, except those funds as may be 28 separately disclosed in writing to Buyer and Seller by Closing Company or Buyer's lender on or before Closing. All parties agree that 29 no one other than the disburser can assure that payoff of loans and other disbursements will actually be made. 30 31 6. SELLER'S NET PROCEEDS. Seller will receive the net proceeds of Closing as indicated: 32 ❑ Cashier's Check, at Seller's expense ❑ Funds Electronically Transferred (wire transfer) to an account specified by Seller, at 33 Seller's expense X❑ Closing Company's trust account check. 34 35 7. CLOSING STATEMENT. Closing Company will prepare and deliver an accurate, complete and detailed closing statement 36 to Buyer and Seller at time of Closing. 37 38 8. FAILURE OF CLOSING. If Closing or disbursement does not occur on or before Closing Date set forth in the Contract, 39 Closing Company, except as provided herein, is authorized and agrees to return all documents, monies, and things of value to the 40 depositing party, upon which Closing Company will be relieved from any further duty, responsibility or liability in connection with 41 these Closing Instructions. In addition, any promissory note, deed of trust or other evidence of indebtedness signed by Buyer shall be 42 voided by Closing Company, with the originals returned to Buyer and a copy to Buyer's lender. 43 44 9. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder shall release the Earnest 45 Money as directed by written mutual instructions, signed by both Buyer and Seller. In the event of any controversy regarding the 46 Earnest Money (notwithstanding any termination of the Contract), Earnest Money Holder shall not be required to take any action. 47 Earnest Money Holder, at its option and sole discretion, may (I) await any proceeding, (2) interplead all parties and deposit Earnest 48 Money into a court of competent jurisdiction and shall recover court costs and reasonable attorney and legal fees, or (3) provide notice 49 to Buyer and Seller that unless Earnest Money Holder receives a copy of the Summons and Complaint or Claim (between Buyer and 50 Seller) containing the case number of the lawsuit (Lawsuit) within one hundred twenty days of Earnest Money Holder's notice to the 51 parties, Earnest Money Holder shall be authorized to return the Earnest Money to Buyer. In the event Earnest Money Holder does 52 receive a copy of the Lawsuit, and has not interpled the monies at the time of any Order, Earnest Money Holder shall disburse the 53 Earnest Money pursuant to the Order of the Court. CL8-9-08. CLOSING INSTRUCTIONS 6/10/2009 9:55 Page 1 of 3 54 55 10. SUBSEQUENT AMENDMENTS. Any amendments to, or termination of, these Closing Instructions must be in writing 56 and signed by Buyer, Seller and Closing Company. 57 58 11. CHANGE IN OWNERSHIP OF WATER WELL. Within sixty days after Closing, Closing Company shall submit any 59 required Change in Ownership form or registration of existing well form to the Division of Water Resources in the Department of 60 Natural Resources (Division), with as much information as is available, and the Division shall be responsible for obtaining the necessary 61 well registration information directly from Buyer. Closing Company shall not be liable for delaying Closing to ensure Buyer completes 62 any required form. 63 64 12. WITHHOLDING. The Internal Revenue Service and the Colorado Department of Revenue may require Closing Company 65 to withhold a substantial portion of the proceeds of this sale when Seller either (a) is a foreign person or (b) will not be a Colorado 66 resident after Closing. Seller should inquire of Seller's tax advisor to determine if withholding applies or if an exemption exists. 67 68 13. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate 69 Commission.) 70 N/A 71 72 14. COUNTERPARTS. This document may be executed by each party, separately, and when each party has executed a copy, 73 such copies taken together shall be deemed to be a full and complete contract between the parties. 74 75 15. BROKER'S COPIES. Closing Company shall provide, to each broker in this transaction, copies of all signed documents that 76 such brokers are required to maintain pursuant to the rules of the Colorado Real Estate Commission. 77 78 16. NOTICE, DELIVERY AND CHOICE OF LAW. 79 16.1. Physical Delivery. Except as provided in § 16.2, all notices must be in writing. Any notice or document to Buyer shall 80 be effective when physically received by Buyer, any individual buyer, any representative of Buyer, or Brokerage Firm of Broker working 81 with Buyer. Any notice or document to Seller shall be effective when physically received by Seller, any individual seller, any representative 82 of Seller, or Brokerage Firm of Broker working with Seller. Any notice or document to Closing Company shall be effective when physically 83 received by Closing Company, any individual of Closing Company, or any representative of Closing Company. 84 16.2. Electronic Delivery. As an alternative to physical delivery, any signed documents and written notice may be delivered 85 in electronic form by the following indicated methods only: %❑ Facsimile E-mail ❑ No Electronic Delivery. Documents 86 with original signatures shall be provided upon request of any party. 87 16.3. Choice of Law. This contract and all disputes arising hereunder shall be governed by and construed in accordance with 88 the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in this state for property located 89 in Colorado. 90 91 Date: Buyer's Name Buyer's Signature Address Lti Phone No.: Fax No • Email Address' Date Buyer's Name Buyer's Signature Address Phone No' Fax No • Email Address CL8-9-08. CLOSING INSTRUCTIONS 6/10/2009 9:55 Page 2 of 3 vU Date' Seller's Name: Robert W. Stanley Seller's Signature Address: 3115 35th Ave. Greeley, Co 80634 Phone No.: N/A Email Address: N/A 92 93 Date: Fax No.: N/A Closing Company's Name: Heritage Title Company Authorized Signature Title Address: N/A Phone No.: Fax No.: Email Address: 94 N/A N/A N/A (TO BE COMPLETED ONLY BY BROKER AND CLOSING COMPANY) (Brok r), leWorking with Seller ❑ Working with Buyer engages Closing Company as Broker's scrivener to complete, for a fee not o ceed $ N/A at the sole expense of Broker, the following legal documents: 95 Deed ❑ Bill of Sale ❑ Colorado Real Estate Commission approved Promissory Note ❑ Colorado Real Estate Commission 96 approved Deed of Trust. Closing Company agrees to prepare, on behalf of Broker, the indicated legal documents pursuant to the terms 97 and conditions of the Contract. 98 99 The documents stated above shall be subject to Broker's review and approval and Broker acknowledges that Broker is responsible for the 100 accuracy of the above documents. 101 102 Date: Brokerage Firm's Name: Broker's Name: Date: Closing Company's Name: 104 o q F/ Y 4411 Broker's Signature Heritage Title Company Authorized Signature Title CL8-9-08. CLOSING INSTRUCTIONS 6/10/2009 9:55 Page 3 of 3 WAOIC AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE (Effective 2007) DATE: Jan. 24th 2009 TO: PROPERTY ADDRESS: 300 8th Avenue Robert Stanley Company a Colorado Corporation FROM: RE/MAX ALLIANCE Greeley CO This is to give you notice that the Ownership of RE/MAX Alliance has a business relationship with those Providers described in this Notice. Because of this relationship, this referral may provide the Ownership of RE/MAX Alliance a financial or other benefit. Set forth below are the names of the Services Providers and the estimated charge or range of charges for the services listed. You are NOT required to use the listed providers as a condition of: • The settlement of your loan on or for the purchase of your property or any refinance of that property. • The providing of the Title Insurance Company to provide Title Insurance. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES. The rates quoted by these Companies may not be the lowest available and are subject to change. Actual charges may vary according to the particular circumstances underlying the transaction including; the properly value; coverage and limits; other requested items and services; unusual market conditions; and other similar features. For a free, no obligation, quote, please contact the Company directly. SERVICE PROVIDERS: Colorado Mortgage Alliance: is a subsidiary of Wells Fargo. The Ownership of RE/MAX Alliance and Wells Fargo's ownership interests are equal. Colorado Mortgage Alliance provides a full range of residential mortgage loan products and services. The HUD -1 Description/Line Designations are as follows: Loan Origination Fee (801): 1%-2% of the actual loan amount obtained. Discount Fee (802): Application Fee (800 series). 0 to 5% of the actual loan amount. (The loan discount fee/points are affected by the note rate or by the particular loan type being obtained. Depending on market conditions, the loan discount fee/points may be higher or adjust for below -market interest rates.) Application Fee: (800 series): 0 to $500.00. (There are other charges imposed in connection with mortgage loans. If applying for a loan with this Company, you will receive additional information regarding anticipated charges for that particular loan.) First Alliance Title Agency: Is a subsidiary of LandAmerica. The Ownership of RE/MAX Alliance and LandAmerica's ownership interests are equal. This service, based on a search of public records, brings to your attention any known problems with the property's title before dosing; and may insure against loss due to certain title defects. (Where required by law, current rates for insurance are filed with the applicable State agency and, depending upon the circumstances, may vary from the rates shown above). Hud-1 Description/Line Description: Purchase of owners title policy (11081110)- Charges are based on coverage provided. o Up to $100,000 coverage: $485 - $765 o $100,000 to $250,000 coverage $765 - $1053 o $250,000 to $320,000 coverage $1053-$1182 o Above $320,000 $1182 + Alliance Insurance Services: The Ownership of RE/MAX Alliance has a 70% interest in this entity. It provides Homeowners Insurance and other insurance products including Life; Auto; Flood; and Health. ▪ Hud-1 Description/Line Description: Insurance premiums and escrow. Rates will depend on location of the property and the actual coverage requested by the insured. Other Services: In addition, the Ownership of RE/MAX Alliance may market additional services or products of independent providers not having affiliated business arrangements, in which the Ownership of RE/MAX Alliance may receive a financial or other benefit in connection with such products and services. Said financial or other benefit will be disclosed with each individual situation, should it occur. ACKNOWLEDGEMENT: I/we have read this disclosure form, and understand that the Ownership of RE/MAX Alliance is referring me/us to purchase the ab e -described services pnd�ay-reoeive a financial or other benefit as the result of this referral. er/Bayer .7\jDate Seller/Buyer Name: Date ACKNOWLEDGEMENT: I/we have received the Affiliated Business Arrangement Disclosure Statement from the real estate broker and understand that tpe,Oywgrship of RE/MAX Alliance may receive a financial or other benefit as a result of the referral of the service listed in this Statement. Seller/Buyer Name: ilitwer Seller/Buyer Name: Date BROKER PRESENTATION ACKNOWLEDGEMENT: As attested by the Broker's signature below, on (date), Broker provided the Seller and/or Buyer with a copy of this Affiliated Business Disclosure Statement. ❑ Seller has declined to sign the Affiliated Bust isc /. fl.B�yes ISas declined to sign the Affiliated Business Disclosure. RE/MAX Alliance Affiliated Business Disclosure; Effective 01 January 2007 Ron Kohl (970) 313-1200 ronkohl@remax.net The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (CLS-9-08) (Mandatory 1-09) 2 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR 3 OTHER COUNSEL BEFORE SIGNING. 4 5 6 7 1. PARTIES, PROPERTY. Robert Stanley Company, a Colorado Corporation Seller, 8 and, Buyer, 9 engage FAHTCO , Closing Company, who agrees to 10 provide closing and settlement services in connection with the Closing of the transaction for the sale and purchase of the Property I I known as No. 300 8th Avenue Greeley CO 12 Street Address City State Zip 13 and more fully described in the Contract to Buy and Sell Real Estate, dated including any 14 counterproposals and amendments (Contract). 15 16 2. INFORMATION, PREPARATION. Closing Company is authorized to obtain any information necessary for the Closing. Closing Company 17 agrees to prepare, deliver, and record those documents (excluding legal documents) that are necessary to carry out the terms and conditions of the 18 Contract. 19 20 3. CLOSING FEE. Closing Company will receive a fee not to exceed $ 300.00 for providing these closing and settlement services. 21 4. RELEASE, DISBURSEMENT. Closing Company is not authorized to release any signed documents or things of value prior to receipt and 22 disbursement of Good Funds, except as provided in §§ 8 and 9. 23 5. DISBURSER Closing Company shall disburse all funds, including real estate commissions, except those funds as may be separately 24 disclosed in writing to Buyer and Seller by Closing Company or Buyer's lender on or before Closing. All parties agree that no one other than the 25 disburser can assure that payoff of loans and other disbursements will actually be made. 26 6. SELLER'S NET PROCEEDS. Seller will receive the net proceeds of Closing as indicated: 27 O Cashier's Check at Seller's expense ❑ Funds Electronically 'transferred (wire transfer) to an account specified by Seller, at Seller's expense 28 XClosing Company's trust account check 29 7. CLOSING STATEMENT. Closing Company will prepare and deliver an accurate, complete and detailed closing statement to Buyer and 30 Seller at time of Closing. 31 8. FAILURE OF CLOSING. If Closing or disbursement does not occur on or before Closing Date set forth in the Contract, Closing Company, 32 except as provided herein, is authorized and agrees to return all documents, monies, and things of value to the depositing party, upon which Closing 33 Company will be relieved from any further duty, responsibility or liability in connection with these Closing Instructions. In addition, any 34 promissory note, deed of trust or other evidence of indebtedness signed by Buyer shall be voided by Closing Company, with the originals returned 35 to Buyer and a copy to Buyer's lender. 36 9. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder shall release the Earnest Money as directed by 37 written mutual instructions, signed by both Buyer and Seller. In the event of any controversy regarding the Earnest Money(notwitbstanding any 38 termination of the Contract), Earnest Money Holder shall not be required to take any action. Earnest Money Holder, at its option and sole 39 discretion, may (I) await any proceeding, (2) interplead all parties and deposit Earnest Money into a court of competent jurisdiction and shall 40 recover court costs and reasonable attorney and legal fees, or (3) provide notice to Buyer and Seller that unless Earnest Money Holder receives a 41 copy of the Summons and Complaint or Claim (between Buyer and Seller) containing the case number of the lawsuit (Lawsuit) within one hundred 42 twenty days of Earnest Money Holder's notice to the parties, Earnest Money Holder shall be authorized to return the Earnest Money to Buyer. In 43 the event Earnest Money Holder does receive a copy of the Lawsuit, and has not interpled the monies at the time of any Order, Earnest Money 44 Holder shall disburse the Earnest Money pursuant to the Order of the Court. 45 10. SUBSEQUENT AMENDMENTS. Any amendments to, or termination of, these Closing Instructions must be in writing and signed by 46 Buyer, Seller and Closing Company. 47 11. CHANGE IN OWNERSHIP OF WATER WELL. Within sixty days after Closing, Closing Company shall submit any required Change in 48 Ownership form or registration of existing well form to the Division of Water Resources in the Department of Natural Resources (Division), with 49 as much information as is available, and the Division shall be responsible for obtaining the necessary well registration information directly from 50 Buyer. Closing Company shall not be liable for delaying Closing to ensure Buyer completes any required form. 51 12. WITHHOLDING. The Internal Revenue Service and the Colorado Department of Revenue may require Closing Company to withhold a 52 substantial portion of the proceeds of this sale when Seller either (a) is a foreign person or (b) will not be a Colorado resident after Closing. Seller 53 should inquire of Seller's tax advisor to determine if withholding applies or if an exemption exists. 54 13. ADDITIONAL PROVISIONS. (I'he following additional provisions have not been approved by the Colorado Real Estate Commission.) 55 56 57 58 59 60 61 CLOSING INSTRUCTIONS Date: Jan. 29th 2009 CL8-9-08. CLOSING INSTRUCTIONS Page I of 3 /osta rms Az/4 62 14. COUNTERPARTS. This document may be executed by each party, separately, and when each party has executed a copy, such copies taken 63 together shall be deemed to be a full and complete contract between the parties. 64 15. BROKER'S COPIES. Closing Company shall provide, to each broker in this transaction, copies of all signed documents that such brokers 65 are required to maintain pursuant to the rules of the Colorado Real Estate Commission. 66 16. NOTICE, DELIVERY AND CHOICE OF LAW. 67 16.1. Physical Delivery. Except as provided in § 16.2, all notices must be in writing. Any notice or document to Buyer shall be 68 effective when physically received by Buyer, any individual buyer, any representative of Buyer, or Brokerage Finn of Broker working with Buyer. 69 Any notice or document to Seller shall be effective when physically received by Seller, any individual seller, any representative of Seller, or 70 Brokerage Finn of Broker working with Seller. Any notice or document to Closing Company shall be effective when physically received by 71 Closing Company, any individual of Closing Company, or any representative of Closing Company. 72 16.2. Electronic Delivery. As an alternative to physical delivery, any signed documents and written notice may be delivered in 73 electronic form by the following indicated methods only: X Facsimile Email D Internet O No Electronic Delivery. Documents with original 74 signatures shall be provided upon request of any party. 75 16.3. Choice of Law. This contract and all disputes arising hereunder shall be governed by and construed in accordance with the 76 laws of the State of Colorado w uld applicable to Colorado residents who sign a contract in this state for property located in Colorado. Date: 07/° //q d Date: Buyer's Name: ! Buyer's Name: Buyer's Signature Buyer's Signature Address: Address: Phone No: Phone No: Fax No: Fax No: EMail Address: EMail Address: 77 Date: Date: Seller's Name: p / Seller's Name: 78 79 80 81 82 83 (Broker) ig Working with Seller O Working with Buyer engages Closing Company as Broker's scrivener to complete, for a fee not to exceed $ at the sole expense of Broker, the following legal documents: 84 Xneed XBill of Sale D Colorado Real Estate Commission approved Promissory Note D Colorado Real Estate Commission approved 85 Deed of Trust. Closing Company agrees to prepare. on behalf of Broker, the indicated legal documents pursuant to the terms and conditions of the 86 Contract, 87 88 The documents stated above shall be subject to Broker's review and approval and Broker acknowledges that Broker is responsible for the 89 accuracy of the above documents. 90 91 Address: Phone No: Fax No: EMail Address: Date: Address: Phone No: Fax No: EMail Address: Seller's Signature Closing Company's Name: FAHTCO Address: Phone No: Fax No: E Mail Address: Authorized Signature Title (TO BE COMPLETED ONLY BY BROKER AND CLOSING COMPANY) Ron A Kohl 92 CLS-9-08. CLOSING INSTRUCTIONS Page 2 of 3 /osta rms 93 94 Date: Broker's Name: Brokerage Firm's Name: Date: Closing Company's Name: Alliance Real Estate Services, LLC. d/b/a REIMAX Alliance Ron Kohl tB oker's SignaWre FAHTCO Authorized Signature Title CLS-9-0S. CLOSING INSTRUCTIONS Page 3 of 3 lost.* orms RWMPX Ron Kohl (970) 313-1200 ronkohl@remax.net The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (SF 94-5-04) SQUARE FOOTAGE DISCLOSURE This disclosure is made to Buyer and Seller pursuant to the requirements of Colorado Real Estate Commission and applies to improved residential real estate. Check applicable boxes below. Property Address: 300 8th Avenue 1. Licensee Measurement Greeley CO Listing Licensee 0 Has IlEi Has Not measured the square footage of the residence according to the following standard, methodology or manner: Standard/Methodology/Manner Footage ❑ Exterior measurement O FHA O ANSI O Local standard `S Other ,A- c5 ito. A"?.c) F_' 2. Other Source of Measurement: Date Measured Square Listing Licensee 0 Is O Is Not providing information on square footage of the residence from another source(s) as indicated below: Footage 0 0 Source of Square Footage Information Prior appraisal (Date of document) Building plans (Date of document) Assessor's office (Date obtained) Other Date Square f--,24 ? v sN4 Measurement is for the purpose of marketing, may not be exact and is not for loan, valuation or other purpose. If exact square footage is a concern, the property should be independently measured. Buyer and Seller are advised to verify this information. Any independent measurement or investigation should be completed on or before the Inspection Objection Deadline of the contract. No. SF94-5-04 SQUARE FOOTAGE DISCLOSURE Page 1 of 2 144 /ostask rm By •41- Listing Licensee Ron Kohl Date The undersigned acknowledge ge receiptt of this disclosure. wife /-./7.OP Sel "7 Date Seller Robert Stanley Company a Colorado Corporation Date Buyer014 7 ate Buyer Date No. SF94-5-04 SQUARE FOOTAGE DISCLOSURE Page 2 of 2 Vr& 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 BMX Ron Kohl (970) 313-1200 ronkohl@remax.net The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (SWA35-8-07) (Mandatory 1-08) THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. SOURCE OF WATER ADDENDUM TO CONTRACT TO BUY AND SELL REAL ESTATE Date: Jan. 29th 2009 1. ADDENDUM TO CONTRACT TO BUY AND SELL REAL ESTATE. This Source of Water Addendum (Addendum) is made a part of that Contract to Buy and Sell Real Estate between Seller and Buyer dated (Contract), for the purchase and sale of the Property known as No. 300 8th Avenue Street Address Greeley CO 80631 City State Zip 2. SOURCE OF POTABLE WATER. Seller discloses the following information for the source of potable water for the Property: [Select and complete 1, 2 or 3 as applicable.] O 2.1. The Property's source of water is a Well. If a well is the source of water for the Property, a copy of the current Well Permit ❑ Is O Is Not attached. O 2.2. The Water Provider for the Property can be contacted at: Name: Address: Web Site: Phone No: C177 tF GAULt/ 2.3. There is neither a Well nor a Water Provider for the Property. The source of water for the Property is [describe source]: SWA3S-8-07. SOURCE OF WATER ADDENDUM TO CONTRACT TO BUY AND SELL REAL ESTATE Page 1 oft We stem, t Norms 47 48 49 50 51 52 NOTE TO BUYER: SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON 53 NONRENEWABLE GROUND WATER. YOU MAY WISH TO CONTACT YOUR PROVIDER 54 (OR INVESTIGATE THE DESCRIBED SOURCE) TO DETERMINE THE LONG-TERM 55 SUFFICIENCY OF THE PROVIDER'S WATER SUPPLIES. 56 57 58 Date: . J (P -16 —6 7 Date: 59 60 Buyer Buyer 61 62 Dace: /-211"-C7 � f�Date: VY 63 J� 64 Seller obort Stanley Company a Colorado Corporation Seller SWA35-8-07. SOURCE OF WATER ADDENDUM'PO CONTRACT TO BUY AND SELL REAL ESTATE Page 2 of 2 /gstar'�t orms �, 4 REEMPX Ron Kohl (970) 313-1200 ronkohl@remax.net The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission (SPDI 9-09-08) (Mandatory 1-09) THIS DORM HAS IMPORTANT LEGAL CONSEQUENCES AND TILE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. SELLER'S PROPERTY DISCLOSURE (ALL TYPES OF PROPERTIES) THIS DISCLOSURE SHOULD BE COMPLETED BY SELLER, NOT BY BROKER. Seller states that the information contained in this Disclosure is correct to the best of Seller's CURRENT ACTUAL KNOWLEDGE as of this Date. Any changes will be disclosed by Seller to Buyer promptly after discovery. Seller hereby receipts for a copy of this Disclosure. If the Property is part of a Common Interest Community, this Disclosure is limited to the Property or Unit itself, except as stated in Section L. Broker may deliver a copy of this Disclosure to prospective buyers. Note: If an item is not present at the Property or if an item is not to be included in the sale, mark the "N/A" column. The Contract to Buy and Sell Real Estate, not this Disclosure form, determines whether an item is included or excluded; if there is an inconsistency between this form and the Contract, the Contract controls. Date: January 29th 2009 Property Address: 300 8th Avenue • R M10 Greeley rt Stanley Comoanv a Colorado Corporation CO I. IMPROVEMENTS O If this box is checked, there are no structures or improvements on the Property; do not complete Sections A -G. A. STRUCTURAL CONDITIONS Do any of the following conditions now exist or have they ever existed: Yes No Do Not Know N/A Comments I Structural problems o (' ' 2 Moisture and/or water problems ?C. pee) r HAS 4 LT AK 3 Damage due to termites, other insects, birds, animals or rodents Y /`/ 4 Damage due to hail, wind, tire or flood 'K 5 Cracks, heaving or settling problems % 6 Exterior wall or window problems X 7 Exterior Artificial Stucco (EIFS) K 8 Any additions or alterations made X 9 Building code, city or county violations n B. ROOF Yes No Do Not Know N/A Comments 1 Roof problems K 2 Roof material: M E'fae- Age L o r Roof material: pte.'rwe Age 49 3 Roof leak: Past X 4 Roof leak: Present V /+ soo?tl O LOg oUe4 ent4CAEON' 5 Damage to roof 1'ast K 6 Damage to roof Present X 7 Roof tinder warranty -Transferable >< 8 Roof work done while under current roof warnmty X 9 Skylight problems K 10 Gutter or downspout problems X SPD19-9-OS SELLER'S PROPERTY DISCLOSURE (ALL TYPES OF PROPERTIES) Page 1 of 7 lasts/ Forms IN WORKING CONDITION C. APPLIANCES Fes No Do Not Know Age If Known N/A Comments 1 Built-in vacuum system & accessories 2 Clothes dryer 3 Clothes washer 4 Dishwasher 5 Disposal 6 Freezer 7 Gas grill 8 Hood 411- 9 Microwave oven 10 Oven II Range 12 Refrigerator i 13 T.V. antenna: O Owned O Leased 14 Satellite system or DSS dish: O Owned O Leased 15 Trash compactor !r IN WORKING CONDITION I). ELECTRICAL & TELECOMMUNICATIONS 1 es No Do Not Know lee If Known NIA Comment, 1 Security system: pc Owned O Leased X 2 Smoke/fire detectors: O Battery ❑ Hardwire —_-_-- 3 Carbon Monoxide Alarm: O Battery O Hardwire x 4 Light fixtures 5 Switches & outlets 1 6 Aluminum wiring (110) )C 7 Electrical: Phase I Voltage AUL Amps /to 8 Telecommunications (T1, fiber, cable, satellite) J X 9 )( 10 Abandoned communication cables: O Yes ❑ No 11 Ceiling fans i( 12 Garage door opener 7( - 13 Garage door control(s) 4 1 K l4 Intercom/doorbell lc 15 In -wall speakers >< 16 220 volt service S 17 Landscape lighting X IN WORKING CONDITION I E. MECHANICAL Yes No Do Not Know Age If Known , N/A ( omments 1 Air conditioning: Evaporative cooler S Window units )i Central S SPDI9-9-08 SELLER'S PROPERTY DISCLOSURE (ALL TYPES OF PROPERTIES) tyh 7 Prorinsit. as v0 positT nJ/' IQGt Computer room x 2 Attic/whole house fan 3 Vent fans 4 Humidifier 5 Air purifier 6 Sauna 7 Hot tub or spa 8 Steam room/shower 9 Pool _ 10 Heating system: AiA. Type a ps I M�'Fuel Type (Ills uel 11 Water heater: Number of I X Fuel type Capacity Ze 12 .4.4r Fireplace: Type Fuel 13 Fireplace insert 14 Stove: Type Fuel 15 When was fireplace/wood stove, chimney/flue last cleaned: Date: ❑ Do not know 16 Fuel tanks: ❑ Owned ❑ Leased — -- 17 Radiant heating system: O Interior ❑ Exterior Hose Type -- - -- - 18 Overhead door $ J 19 Entry gate system /` 20 Elevator/escalators /,'e 21 LifUhoist/cranc I' IN WORKING CONDITION F. WATER, SEWER & OTHER UTILITIES Yes No Do Not Know ‘gc If Known N/A Conunenh I Water filter system: O Owned O Leased X 2 Water softener: ❑ Owned O Leased X 3 Sewage problems: ❑ Yell No ❑ Do not know 4 Lift station (sewage ejector pump) n 5 Drainage, storm sewers, retention ponds X 6 Grey water storage/use /` 7 Plumbing problems: ❑ Yes fli, No ❑ Do not know 8 Sump pump x 9 Underground sprinkler system 10 Fire sprinkler system X 11 Polybutylenc pipe: O Yes II- No ❑ Do not know 12 Galvanized pipe: ❑ Yes O No Elr.Do not know 13 Backflow prevention device: jai Domestic ❑ Irrigation O Fire ❑ Sewage 14 Irrigation pump 15 Well pump SPU19-9-08 SELLER'S PROPERTY DISCLOSURE (ALL TYPES OF PROPERTIES) Page 3 of 7 ifre Instam orms G. OTHER DISCLOSURES —IMPROVEMENTS Yes No Do Not Know N/A Comments l Included fixtures and equipment iu working condition , 11. GENERAL IL USE, ZONING & LEGAL ISSUES l'es Nu Do Not Know N/A Comments I Current use of the Property r O, Ore i 2 Zoning violation, variance, conditional use. enforceable PUD or non -conforming use S. ,.c 3 Notice or threat of condemnation proceedings x 4 Notice of any adverse conditions from any governmental or quasi-govertunentat agency that have not been resolved X 5 Violation of restrictive covenants or owners' association rules or regulations 6 Any building or improvements constructed within the past one year from this Date without approval by the Association or the designated approving body n 7 Notice of zoning action related to the Property _ 8 Notice of ADA complaint or report K 9 Other legal action I. ACCESS, PARKING, DRAINAGE & SIGNAGE Yes No Do Not Know N/A Comments 1 Any access problems 2 Roads, driveways, trails or paths through the Property used by others x 3 Public highway or county road bordering the Property K 4 Any proposed or existing transportation project that affects or is expected to affect the Property K 5 Encroachments, boundary disputes or unrecorded easements 1( 6 Shared or common areas with adjoining properties X ?/A/L 7 b f A[ p e t 0 A Z__. 7 Cross -parking agreement, covenants, easements X 8 Requirements for curb, gravel/paving, landscaping x 9 Flooding or drainage problems: Past 10 Flooding or drainage problems: Present K 11 Signs: la Owned ❑ Leased 12 Signs: Government or private restriction problems xx /' I. WATER & SEWER SUPPLY 1 es No Ito Not Know N/A ( ommcnts I Water Rights: Type 2 Water tap fees paid in full 3 - Sewer tap fees paid in full 4 Subject to augmentation plan 5 Well required to he metered r SPDI9-9-08 SELLER'S PROPERTY DISCLOSURE (ALL TYPES OF PROPERTIES) Page 4of7 6 Type of water supply: tPublic D Community O Well O Shared Well O Cistern If the Property is served by a Well, a copy of the Well Permit O Is O Is Not ❑ Drilling Records O Are O Are not attached. Shared Well Agreement O Yes The Water Provider for the Property can be contacted at: Name: CITY erW egg 1. Ct.C)< O None attached. Well O No. Permit for the GROUND TO DETERMINE 4: Property is [describe source]: WATER. YOU MAY WISH THE LONG-TERM Address: Web Site: Phone No.: o There is neither a Well nor a Water Provider for the Property.'[he source of potable water SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE TOCONTACT YOUR PROVIDER (OR INVESTIGATE THE DESCRIBED SOURCE) SUFFICIENCY OF THE PROVIDER'S WATER SUPPLIES. 7 Type of sanitary sewer service: Public O Community O Septic System O None O Other served by an on -site septic syste n, supply to buyer a copy of the permit. Type of septic system: If the Property is O Tank O Leach O Lagoon K. ENVIRONMENTAL CONDITIONS Do any of the following conditions now exist or have they ever existed: Yes No Do Not Know N/A Comments 1 Hazardous materials on the Property, such as radioactive, toxic, or biohazardous materials, asbestos, pesticides, herbicides, wastewater sludge, radon, methane, mill tailings, solvents or petroleum products 2 Underground storage tanks K 3 Aboveground storage tanks x 4 Underground transmission lines X 5 Pets kept on the Property 6 Property used as, situated on, or adjoining a dump, land fill or municipal solid waste land till t 7 Monitoring wells or test equipment 1X' 8 Sliding, settling, upheaval, movement or instability of earth or expansive soils of the Property Y h 9 Mine shafts, tunnels or abandoned wells on the Property /' 10 Within governmentally designated geological hazard or sensitive area 1 I Within governmentally designated flood plain or wetland area 12 Governmentally designated noxious weeds (within last 3 years only) If yes. see Section O- 13 Dead, diseased or infested trees or shrubs K I4 Environmental assessments, studies or reports done involving the physical condition of the Property X IS Property used for any mining, graveling, or other natural resource extraction operations such as oil and gas wells K 16 Endangered species on the Property X 17 Archeological features, fossils. or artifacts on the Property 18 Interior of improvements of Property tobacco smoke -free I9 Other environmental problems L. COMMON INTEREST COMMUNITY ASSOCIATION PROPERTY Yes No Do Not Know N/A Comments I Property is part of an owners' association 1"ec 2 Special assessments or increases in regular assessments approved by owners' association but not yet implemented 3 Has the Association made demand or commenced a lawsuit against a builder or contractor alleging defective construction of improvements of the Association Property (common area or property owned or controlled by the Association but outside the Seller's Properly or Unit)_ J n SPD19-9-08 SELLER'S PROPERTY DISCLOSURE (ALL TYPES OF PROPERTIES) Page 5 of 7 lostar norms NI. OTHER DISCLOSURES —GENERAL Yes No Do Not Know N/A Comments I Any part of the Property leased to others (written or oral) b L C C 2 Written reports of any building, site, roofing, soils or engineering investigations or studies of the Property 3 Any property insurance claim submitted (whether paid or not) iC 4 Structural, architectural and engineering plans and/or specifications for any existing improvements 5 Property was previously used as a methamphetamine laboratory and not remediated to state standards J h 6 Government special improvements approved, but not yet installed, that may become a lien against the Property III. LAND N. CROPS, LIVESTOCK & LEASES Yes No Do Not Know N/A Comments I Crops being grown on the Property xY 2 Seller owns all crops 3 Livestock on the Property A 4 Any land leased from others: D State O BLM O Federal D Private D Other (Y � O. NOXIOUS WEEDS The Colorado Weed Management Act became law on January 1, 1992. The law requires that every county or municipality in Colorado adopt a weed management plan outlining the rules governing identification and method of eradication. The Slate of Colorado has identified PURPLE LOOSESTRIFE, SPOT LED KNAPWEED, MUSK THISTLE LEAFY SPURCE, CANADIAN THISTLE, DIFFUSE KNAPWEED, RUSSIAN KNAPWEED. DALMATION TOADFLAX and YELLOW TOADFLAX, aim g others, as noxious weeds. Have any of the following occurred to the Property within the last 3 years_ Yes No Do Not Know N/A Comments t Identification of noxious weeds 2 Subject to written weed control plan 3 Herbicides applied 4 Biological agents or insects released on any of the noxious weeds P. OTHER DISCLOSURES — Land Yes No Do Not Know N/A Comments I Any part of the Property enrolled in any governmental programs such as Conservation Reserve Program (CRP), Wetlands Reserve Program (WRP), etc 2 Conservation easement Pi Seller and Buyer understand that the real estate brokers do not warrant or guarantee the above information on the Property. Property inspection services may be purchased and are advisable. This form is not intended as a substitute for an inspection of the Property. ADVISORY TO SELLER: Failure to disclose a known material defect may result in legal liability. The information contained in this Disclosure has been furnished by Seller, who certifies to the truth thereof based on Seller's CURRENT ACTUAL KNOWLEDGE. Date: I-a f -'P l !)j/ Sel Date: Seller Robert Stanley Company a Colorado Corporation SPD19-9-08 SELLER'S PROPERTY DISCLOSURE (ALL TYPES OF PROPERTIES) Page 6 of7 /osta�( Forms - ADVISORY TO BUYER: Even though Seller has answered the above questions to the best of Seller's current actual knowledge, Buyer should thoroughly inspect the Property and obtain expert assistance to accurately and fully evaluate the Property to confirm the status of the following matters: a. the physical condition of die Property; b. the presence of mold or other biological hazards; c. the presence of rodents, insects and vermin including termites; d. the legal use of the Property and legal access to the Property; c. the availability and source of water, sewer, and utilities; f. the environmental and geological condition of the Property; g. the presence of noxious weeds; and h. any other matters that may affect Buyer's use and ownership of the Property that are important to Buyer as Buyer decides whether to purchase the Property. 2. Seller states that the information is correct to the best of "Seller's current actual knowledge" as of the date of this form. The term "current actual knowledge" is intended to limit Seller's disclosure only to facts actually known by the Seller and does not include "constructive knowledge" or "common knowledge" or what Seller "should have known" about the Property. The Seller has no duty to inspect the Property when this Disclosure is filled in and signed. 3. Valuable information may be obtained from various local/state/federal agencies, and other experts may assist Buyer by performing more specific evaluations and inspections of the Property. 4. Boundaries, location and ownership of fences, driveways, hedges, and similar features of the Property may become the subjects of a dispute between a property owner and a neighbor. A survey may be used to determine the likelihood of such problems. 5. Whether any item is included or excluded is determined by the contract between Buyer and Seller and not this Seller's Property Disclosure. 6. Buyer acknowledges that Seller does not warrant that the Property is fit for Buyer's intended purposes or use of the Property. Buyer acknowledges that Seller's indication that an item is "working" is not to be construed as a warranty of its continued operability or as a representation or warranty that such item is fit for Buyer's intended purposes. 7. Buyer hereby receipts for a copy of this Disclosure. Date: Buyer SPD19-9-08 SELLER'S PROPERTY DISCLOSURE (ALL TYPES OF PROPERTIES) Page 7 of 7 Iostans norms - 6 UMW Ron Kohl (970) 313-1200 ronkohl@remax.net The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (DD25 -9-08) (Mandatory 1-09) DIFFERENT BROKERAGE RELATIONSHIPS ARE AVAILABLE WHICH INCLUDE SELLER AGENCY, BUYER AGENCY OR TRANSACTION -BROKERAGE. DEFINITIONS OF WORKING RELATIONSHIPS purposes of this document, seller also means "landlord" (which includes sublandlord) and buyer also means "tenant" (which includes subtenant). Seller's Agent: A seller's agent (or listing agent) works solely on behalf of the seller to promote the interests of the seller with the utmost good faith, loyalty and fidelity. The agent negotiates on behalf of and acts as an advocate for the seller. The seller's agent must disclose to potential buyers all adverse material facts actually known by the seller's agent about the property. A separate written listing agreement is required which sets forth the duties and obligations of the broker and the seller. Buyer's Agent: A buyer's agent works solely on behalf of the buyer to promote the interests of the buyer with the utmost good faith, loyalty and fidelity. The agent negotiates on behalf of and acts as an advocate for the buyer. The buyer's agent must disclose to potential sellers all adverse material facts actually known by the buyer's agent including the buyer's financial ability to perform the terms of the transaction and if a residential property, whether the buyer intends to occupy the property. A separate written buyer agency agreement is required which sets forth the duties and obligations of the broker and the buyer. Transaction -Broker: A transaction -broker assists the buyer or seller or both throughout a real estate transaction by performing terms of any written or oral agreement, fully informing the parties, presenting all offers and assisting the parties with any contracts, including the closing of the transaction without being an agent or advocate for any of the parties. A transaction -broker must use reasonable skill and care in the performance of any oral or written agreement, and must make the same disclosures as agents about all adverse material facts actually known by the transaction -broker concerning a property or a buyer's financial ability to perform the terms of a transaction and if a residential property, whether the buyer intends to occupy the property. No written agreement is required. Customer: A customer is a party to a real estate transaction with whom the broker has no brokerage relationship because such party has not engaged or employed the broker, either as the party's agent or as the party's transaction -broker. THIS IS NOT A CONTRACT. 1 acknowledge receipt of a copy of this document on ! p —( ( — b f On b /l —ore with a copy of this document via Broker's records. Brokerage F 's r the A ance R-: ,' tate Services LLC. d/b/a RE/MAX Alliance Broker Ron Kohl (PO DD25-9-08. DEFINITIONS OF WORKING RELATIONSHIPS /gstan orms 04/27/2009 9:37:30 AM Commitment No.: 822-Aoz40859-084-MG4 Attached. Legal Description Parcel 1: All that part of Lot Three (3) lying South and West of the Colorado and Southern Railway Company (Great Western Lines, LLC) right of way, all of Lot Four (4), Block Three (3), Together with the South one-half of vacated Third Street adjoining the North end of said Lots Three (3) and Four (4). CITY OF GREELEY, County of Weld, State of Colorado Parcel 2: Those portions of Lots 2, 3 and 4, Block 3 of the plat of the Town of Greeley, Weld County , Colorado, according to the official recorded plat thereof, described as follows, to -wit: Beginning at the Northwest corner of said Block 3; Thence East along the North line of said Block 3 to the intersection with a line drawn concentric with and distant 15.0 feet Southwesterly, as measured radially from the Great Western Lines, LLC. (formerly the Colorado and Southern Railway Company) main track centerline, as now located and constructed; Thence Southeasterly along said concentric line to the South line of said Lot 2; Thence West along said South line to the intersection with a line drawn concentric with and distant 50.0 feet Southwesterly, as measured radially from said main track centerline; Thence Northwesterly along the last described concentric line to the West line of said I.,ot 2; Thence North along said West line to a point 45.0 feet Southwesterly, as measured radially from said main track centerline; Thence Northwesterly along a line drawn concentric with and distant 45.0 feet Southwesterly, as measured radially from said main track centerline to the North line of said Lot 4; Thence East along the North line of said Block 3 to the Point of Beginning, County of Weld, State of Colorado. Parcel 3: All that part of Lot 2, Block 3, Town of Greeley, Weld County, Colorado lying South and West of a line 50.00 feet Southwesterly of and parallel to the centerline of the mainline of the Great Western Lines, LLC Railroad as currently constructed, County of Weld, State of Colorado. Wheeler Management Group, Inc. 1130 38th Ave., Suite B Greeley, CO 80634 Phone: 970-352-5860, Fax: 970-352-0117 The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission (CBS1-11-08)(Mandatory 1-09) 2 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL 3 BEFORE SIGNING. 4 5 CONTRACT TO BUY AND SELL REAL ESTATE 6 (ALL TYPES OF PROPERTIES) 7 Date. June 08, 2009 8 9 1. AGREEMENT. Buyer agrees to buy, and Seller agrees to sell, the Property defined below on the terms and conditions set forth 10 in this contract (Contract). 11 2. DEFINED TERMS. 12 2.1. Buyer. Buyer, 13 To Be Disclosed at Full Signature of this Contract 14 will take title to the real property described below as O Joint Tenants O Tenants In Common ® Other 15 Corporation 16 2.2. Property. The Property is the following legally described real estate in the County of Weld 17 Colorado: 18 11,554 SF Bldg/1.05 Ac - GR PT L3 LYING S & W OF COLORADO & SOUTHERN RR ROW & ALL L4 BLK3 & VAC 3RD ST ADJ TO & PT ABDND RR ROW WHICH IS PT L2-3-4 BLK 3 BEG NW COR L3 E ALNG N LN TO INTERSECTION W/LN CONCENTRIC & 15' SWLY OF MAN TRACK C/L SELY TO S LN OF L2 W ALNG S LN TO INT 19 known as No. 20 300 8th Avenue, Greeley, CO 80631 21 Street Address City State Zip 22 together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto, all interest of 23 Seller in vacated streets and alleys adjacent thereto, except as herein excluded. 24 2.3. Dates and Deadlines. 25 Item No. Reference Event Date or Deadline 1 § 4.2.1 Alternative Earnest Money Deadline 24 hours from MEC 2 § 5.1 Loan Application Deadline n/a 3 § 5.2 Loan Conditions Deadline a/a 4 § 5.3 Buyer's Credit Information Deadline n/a 5 § 5.3 Disapproval of Buyer's Credit Information Deadline n/a 6 § 5.4 Existing Loan Documents Deadline n/a 7 § 5.4 Existing Loan Documents Objection Deadline n/a 8 § 5.4 Loan Transfer Approval Deadline n/a 9 § 6.2.2 Appraisal Deadline n/a 10 § 6.2.2 Appraisal Objection Deadline n/a 11 § 7.1 Title Deadline 2 days from MEC 12 § 8.1 Title Objection Deadline 10 days from MEC 13 § 7.3 Survey Deadline n/a 14 § 8.3.2 Survey Objection Deadline n/a 15 § 7.2 Document Request Deadline 2 days from MEC 16 § 7.4.4 C1C Documents Deadline n/a PREPARED BY: Ron Randel, CCIM, Broker CBS1-11-08, Contract to Buy and Sell Real Estate (All Types of Properties). Colorado Real Estate commission RealFA$T® Software, ©2009, Version 6.16. Software Registered to: John D. Wheeler, W heeler Management Group, Inc. Page 1. raj, Seller(s) Buyer(s) 06/08/09 16:31:57 17 § 7.4.5 CIC Documents Objection Deadline n/a 18 § 8.2 Off -Record Matters Deadline 5 days from MEC 19 § 8.2 Off -Record Matters Objection Deadline 10 days from MEC 20 § 8.6 Right Of First Refusal Deadline n/a 21 § 10.1 Seller's Property Disclosure Deadline 5 days from MEC 22 § 10.2 Inspection Objection Deadline 15 days from MEC 23 § 10.3 Inspection Resolution Deadline 20 days from MEC 24 § 10.5 Property Insurance Objection Deadline 10 days from MEC 25 § 12 Closing Date 30 days from MEC 26 § 17 Possession Date At closing 27 § 17 Possession Time at closing 28 § 31 Acceptance Deadline Date Thursday June 11, 2009 29 § 31 Acceptance Deadline Time 5:00 pm 29 5 25(1) disclosure of Buyer's Identity 24 hours from MEC 30 5 25(2) Inspection Period 15 days from MEC 26 27 2.4. Applicability of Terms. A check or similar mark in a box means that such provision is applicable. The abbreviation "N/A 28 or the word "Deleted" means not applicable and when inserted on any line in Dates and Deadlines (§ 2.3), means that th 29 corresponding provision of the Contract to which reference is made is deleted. The abbreviation "MEC" (mutual execution o 30 this Contract) means the date upon which both parties have signed this contract. 31 \As\blayrnak 11MiWontYiold\af\DAWilebaulr"\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\"\\\\\\\\\\\\\\\\\ 32 \\\\ IWPbjr\)(VuMaki.th`is\Cbhf'ncatA'tslid.'tda'y\''sl,4MIld hh`thdark1~h8ri\ \'fl 9\ll.M\,\IYt11t dSthks'Mbitk'ell 33\\\\YSth0,MulckrWokte'ykkht\93.Jir\gsVN4okaab`Ia)\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\t 34 \\\\2`! \Skhili thtiarlbtikkbMbif`U1Mt hahhk.\k1\adtkjttlt1iI k`p kib ANie,\t4ha111t11e\aridinglikte\1t\lidtkpaditi 35 \\\\WeVI da9 s\ekktu'd d'tMlike\lght\day\akic'hklet4h.\ih>•MaQsvtea)I>5CMn\tbabbark\alryAfthallAMaulbk'u\Sat11Mhj 36\\\\Shhaay\a\Tadekdl\dr\IM*arlo\?stbie\halk}ay\Oidlkduy),\s'rbh\dekWlihd\'Cpl\SkhN\\L$\Shl111Nbt`b1ek%bliaatd\tbkkl 37 \ \ \ \ Wh}\ Wtbl is\idtb\S\artlrl4\4thaN bit 1iu11uW SMII Winbither\Hok\Be\dlltddi `theada\tlilaa khalkrlclt\ke\dac`tdtkM1\ \ \ \ \ \ \ \ 38 3. INCLUSIONS AND EXCLUSIONS. 39 3.1. Inclusions. The Purchase Price includes the following items (Inclusions): 40 3.1.1. Fixtures. If attached to the Property on the date of this Contract, lighting, heating, plumbing, ventilating, and ai 41 conditioning fixtures, TV antennas, inside telephone, network and coaxial (cable) wiring and connecting blocks/jacks 42 plants, minors, floor coverings, intercom systems, built-in kitchen appliances, sprinkler systems and controls, built -i1 43 vacuum systems (including accessories), garage door openers including any remote controls; and 44 antenna and existing wiring and appliances thereto. 45 3.1.2. Personal Property. The following are included if on the Property whether attached or not on the date of thi: 46 Contract: storm windows, storm doors, window and porch shades, awnings, blinds, screens, window coverings, curtain rods 47 drapery rods, fireplace inserts fireplace screens, firIqeplace grates, heating stoves, storage sheds, and all keys. If checked 48 the following are included: LJ Water Softeners Mg Smoke/Fire Detectors 0 Security Systems ® Satellite System! 49 (including satellite dishes). 50 3.1.3. Other Inclusions. 51 Mineral Rights, if any existing. 52 The Personal Property to be conveyed at Closing shall be conveyed by Seller free and clear of all taxes (except persona 53 property taxes for the year of Closing), liens and encumbrances, except 54 None - free and clear at closing. 55 Conveyance shall be by bill of sale or other applicable legal instrument. 56 3.1.4. Trade Fixtures. With respect to trade fixtures, Seller and Buyer agree as follows: 57 Included, except by Buyer's approval. 58 The Trade Fixtures to be conveyed at Closing shall be conveyed by Seller free and clear of all taxes (except persona 59 property taxes for the year of Closing), liens and encumbrances, except PREPARED BY: Ron Randel, CCIM, Broker CBS1-11-08, Contract to Buy and Sell Real Estate (All Types of Properties). Colorado Real Estate Commission RealFA$T® Software, ©2009, Version 6.16. Software Registered to: John D. Wheeler, Wheeler Management Group, Inc. Buyer(s) iMn4 06/08/0916:31:57 Paget of Seller(s) 60 None. 61 Conveyance shall be by bill of sale or other a plicable legal instrument. 62 3.1.5. Parking and Storage Facilities. LJ Use Only ® Ownership of the following parking facilities: 63 All on 1.05 acne owned by Seller. 64 and O Use Only ® Ownership of the following storage facilities: 65 66 67 All on 1.05 acres owned by Seller. 3.1.6. Water Rights. The following legally described water rights: Any existing connected to property. 68 Any water rights shall be conveyed by ® Appropriate Deed O Other applicable legal instrument. 69 If any water well is to be transferred to Buyer, Seller agrees to supply required information about such well to Buyer. 70 Buyer understands that if the well to be transferred is a Small Capacity Well or a Domestic Exempt Water Well used for 71 ordinary household purposes, Buyer shall, prior to or at Closing, complete a Change in Ownership form for the well. If an 72 existing well has not been registered with the Colorado Division of Water Resouces in the Department of Natural Resources 73 (Division), Buyer shall complete a registration of existing well form for the well and pay the cost of registration. If no person 74 will be providing a closing service in connection with the transaction, Buyer shall file the form with the Division within sixty 75 days after Closing. The Well Permit # is Any existing 76 \3Y\\6kad'ht`g\skddsl\Wtiih\akclt\d,PoViha Buy§r\Qra6Fallo\AM\\\\\\\\\\\\\\\\\\\\\ 77\hXA\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 78 3.2. Exclusions. The following items are excluded: 79 None. 80 4. PURCHASE PRICE AND TERMS. 81 4.1. Price and Terms. The Purchase Price set forth below shall be payable in U.S. Dollars by Buyer as follows: 82 Item No. Reference Item Amount Amount 1 § 4.1 Purchase Price $ 300,000.00 2 § 4.2 Earnest Money $ 10, 000.00 3 § 4.5 New Loan n/a 4 § 4.6 Assumption Balance n/a 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 290, 000.00 9 TOTAL $ 300,000.00 $ 300,000.00 83 84 4.2. Earnest Money. The Earnest Money set forth in this section, in the form of Check from Buyer 85 is part payment of the Purchase Price and shall be payable to and held by LandAmerica Tranenation, Darella Block 86 (Earnest Money Holder), in its trust account, on behalf of both Seller and Buyer. The Earnest Money deposit shall be tendered 87 with this Contract unless the parties mutually agree to an Alternative Earnest Money Deadline (§ 2.3) for its payment. If 88 Earnest Money Holder is other than the Brokerage Firm identified in § 33 or § 34 below, Closing Instructions signed by Buyer, 89 Seller and Earnest Money Holder must be obtained on or before delivery of Earnest Money to Earnest Money Holder. The parties 90 authorize delivery of the Earnest Money deposit to the company conducting the Closing (Closing Company), if any, at or before 91 Closing. In the event Earnest Money Holder has agreed to have interest on Earnest Money deposits transferred to a fund 92 established for the purpose of providing affordable housing to Colorado residents, Seller and Buyer acknowledge and agree that 93 any interest accruing on the Earnest Money deposited with the Earnest Money Holder in this transaction shall be transferred to 94 such fund. 95 4.2.1. Alternative Earnest Money Deadline. The deadline for delivering the Earnest Money, if other than at the time of 96 tender of the Contract is as set forth as the Alternative Earnest Money Deadline (§ 2.3). 97 4.3. Cash at Closing. All amounts payable by the parties, at Closing, including Cash at Closing and closing costs, shall be 98 in funds that comply with all applicable Colorado laws, including electronic transfer funds, certified check, savings and loan 99 teller's check and cashier's check (Good Funds). All required Cash at Closing shall be paid to allow disbursement by Closing 100 Company at the time of Closing OR SUCH PARTY SHALL BE IN DEFAULT. Buyer represents that Buyer, as of the date of 101 this Contract, CO Does O Does Not have funds that are immediately verifiable and available in an amount not less than the 102 amount stated as Cash at Closing in § 4.1. PREPARED BY: Ron Bendel, CCIM, Broker CBS1-11-08, Contract to Buy and Sell Real Estate (All Types of Properties). Colorado Real Estate Commission RealFAST® Software, ©2009, Version 6.16. Software Registered to: John D. Wheeler, Wheeler Management Group, Inc. Buyer(s) Wt<G 06/08/09 16:31:57 Page 3 of Seller(s) 103 \\lbek\ Seierbht\V0b11y>dliaYAibay\drbYadil,bkilirbatkaby it,\a\tb?+alhirbbMaAS`We\\\\\\\\\\\\\\ 104 \bebles`ik\bdrtlhThyaIXakroYb aebb€blaabc`abkdjsatlba\Yaab\abgihatidaei'ebh,\ArblbhiNVtebls\(11Ycladiiak`ahybblohbba\thht\Sane 105 \bkbbebe`13 `bbeadsb\>baekybee hncbbecbCelia\bib&bib, CIla,\euk1k\\\XA'dtbbb (1‘111300\11e\-\fita,\atikj W,en'hhdbd 106 \ k &}dihMYblhteiAtb\Neer\s\Albbr\1,,bed,bkb`tb&\ddr3cbestiaI\(adilebtiLdly\S§Nar\O>laashtbh),\\1th'e\Mlle 107\`CbhtdskSdn\tbNih`ablNtbbh\tbbhjbhin\Sela\tabhiar`ebabebb)\bbdrleMt\E)ebblskdk e\ih4hlk`6da`tt\abb\iibbe'htbbheebSal}e� 108 \`Cbhkds`sldn\dx\cbd3s\labblt'eb'etbb`rvelabIs\bbab\ed)S§Ner\s`hbNbbIl9b3\a4-\BddAarAecb\ekkds's\aYtlduulY\\\\\\\\\\\\\\` 109 \'4&\Nail\lldab\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\` 110 \\\\\4.S%Ittly\elkb\Pay\bbhilOdbbs\\&lykki\`ekkdlh\aVereibi dd d4'4\4\`it`herY1k tkbkiell\tbrkely`pby`&tvj>elc''dk)ala\co ttsbMal 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'$\dXil\\\\\\\\\\\\\\\X1llHe\titYtkb`f`abkinblItidrtjllle\r16ad\rkarbk 127 \\rble\s\ltbbbblbh6ebblblew\\\\\\b\]be`r\ahheth\aba`ikebe\4`phjfeabut\sYtbb`nb\bbee\eU\S\laXe\\\\\\\\\\\\\ibe`r\s1/a\\\\\\\\ 128 \\]lrkicllba\1bh21ltkalbl Wits \ AdoW Thady111\tlaehetIthl\ibrikbOl`bItleIliselvbbi*balsb0316an\ at \alhkiIik I'S, tfillitIf16M4thilibtldt 129 \ \Nalhhee WlticVt\eet\As\thblbbo\,b1 hN Msh\ra4Ahbektbf Ab\A11)kk bhUiobhig\tb e\ili eb4ell\Ay\tbk?e\thW '$\dM \ \ \ \ \ \ \ \ \ \ \ \ \ the 130 \\e\�letis ek)XlAy\TaA,hkia`th\\fills\1Cbkkhat\atfec\tA,b\J}bdrt\1ecblp\\1)5NSailer\ef)31\leKs\brltteh\betide\aftberhtlrla\tbb\a 131\\kaia,\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 132 \\\\\'SkN6r\53Shaft \In Shaft haA\bc\\ieleasee`tk Albabbh?tblt\sbld\chef\Wain1ldabbe\\eb plthhae\With\fhb\rk}ilibeah&rke`fa 133 \ \Make hiphaNallihihealaN bk`e\idekeed,hy\ ala1\JeYit \ bbl bb baibYe Lbbe nan\a&V\ibOrbbel\ll6a\Iliha \ `Glee\ \ b1keikg \ bet\a\ 134\\dp`lYetklabelebtbhbbeerbeetbkb\\rbh%tebier\X\bybbbeibaybbbe\tbbbele3sbbYllhhttheet\a`]hiic\,))aitiby\AAA \\\\\\\\\\\\\\\ 135 \\i a"dn\anla,klt\tbtldaAcleW6\hXh\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 136\\4,9\'SAW etlUkiWltldfihtla\tbhigl\BJylekhgtbbeki,a blate\a\11tbhbi?LsbYylhetle\13ayd61k\e:\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \\&Ms\\ 137 \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\a>;\C17\,1dik1Y'Yhhets\�CPe\t1a1t\sae 138\\Ceithkirk\"\\\°tl%1•\\hXA\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\b11\thehbte\fbkhbbVtldibatbe 139\\1�(lyeYAilhl2a\d)\lMA1\IN-V6\aQthbk\dPa\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 140\\sbbetbU`byb\kXe\\\\\\\\\(1sb\2tld,`eldJeee\a\ef\tblsbbbeelbatlt\g.ih\e\Nrbber\y\,\isbg\ alb `fbhebe\tldieatad\\\\\\\\\\\ 141\\TXThle\4,11,Taihetk1'-'S't1Vat\`(mna68.)\\'(31\ \du\Tkail#A1\ `rh$ttkbkt\UIDY3`9\Q9.)\\63\Aes\1Yt\AUfa\NdtylddGlY 142 \\T,1IristeigIDI-`9\OA.)\'Q`Oth'ek\Alet\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 143\\\\\Y'hb1Ydtkislarybb\eblall\He\artier\ibadbh\Ae,h3s\s\a1\I0(b\\\\\\\1\\\\\\\\\\\\\\fl Vale\O\Mbltlifs\bh}aa`bldh 144 \\$\aYle\\\\\\\\\\\\\ee4-\hX4\\\\\\\\l1\e`leaftaa\lYerbipblhedk#erb?st\at\theYate \df\r"\\\\\\la)0e1\erhhtYll\psyhieA 145 \\dhbk\dohkhe aer1 lie\\\\\\\\\\\\\\\\\\\hild\elidiMe\eAle\ailble\i1XA\\\\\\\\lihOonac'h\sitbaecWilVkYa\\\\\\\ 146\\ffhb1,Marikbhl\ilbie\balaricbb`f`phbblpbbhedhec`rbealn\erket\sllhNbk\dubbkb`phj ftle\>Va\\\\\\\\\\\\\\\\\\\\\\\\\ 147\atter6lbeeak\Na2r`,tb`td\n5hbb\\�Shaft \Ydt\hehiaeaseehj(\tVx\\\\\\\\\\\\\\`at\ebbeelie11\tn\ethl\t`eht\Meth `takeY d\ 148 \ad\G7\ShAl1\47,SWhaA\kabkY6abaeby\t#Ta\\\\\\\\\\\\\\hf\aatkhathehhrlilaY`pYa}be\ty\1hXt\rbkeA)SlehlhlalVlbVaar 149 \s`fthll\abeoaeckl`talk\thathach\\hgbarills\Kt\)v`Fhklbhjuhallt\1\lbliebht\k$baibkh\>r2Je\\\\\\\\blthe\is\bkd\da\a,ah\1ah 150 \eaaYge,a1\al)(e aa\aaaaaaAAails`t\bbl\pUyinkt\ellall\He\bleb Ia)\lbleres'tbb\bode\\dis'bbYsbhleh`is\etldeY\Ae\e6e\i\df\tktis\badl 151\hdhYbl\\\\\\\\\lJtrer\anbhk?\`(Sbeatb\h\11tb>\e\t\rblealielA&d'on \\\\\\\\%\13e\bhkeh$\4)\Bil31eY\ilay\11rb11a}1\Jv\thee1\r 152\INeabkybkai.6}k\�1Ta,\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\bbil`(s 153 \Nay\e4-\t3Mihtf\@\ Shaft iwbl\ewbbetb\abeMeblhiy\at61b?slag\h\Sebeety\Agtebkllebbhea'O8(34\Pihatk\eg.'Sba\6daaAh\AAAt\t11 154 \ alb `hbldebb'f \lk\11Abkkesbb\ ketb\a\ ban \ \ \ \ \ \ (\]his\2rt11\ atbbV1a\ebb tbb\iiebsbhbb liklakkj beNedc\d\1b\tbls\slale, \ \ \ \ \ \ \ \ \ \ 155 \\\\ iy`671\Slialt\@Shila\Wriclt\a\nthitkage\eAkbe thkichtbee\Mleyb a\114eVI `kNoVIN \\\\\\\\\\\\\\\\\\\ 156 5.\fif1'YAhsilllV6`661t\9i1`1911P13k1Ys1Da0NbTG11\RfQ1VS\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 157\Sl\t\AAAMrllti&It1o'n\\it\Nay\eYVaIca eMaflW?s?tblb1\e\Narbkasb\ler\c>e\t$\ehtkel\4eee,beAMe\eelbleanb(I4'6w\U41'1 61 158\tfaan\esalet\rlg\kbh\tebdobVb\He\eeleabedbllLYeNets\Nay\r\b \ba7bkad`by\kkk\MM.\1halt\bakab\kar\$ablabbeNdaauk \U} 159 \lyAAablFytllthlihaliebbfuh4\(\2M\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 160\3≥\te\AA&hheatb\1V\\ff`NA,ybeIs\tb\M\dlhbelab\\1TheePaiehesb\N1\eeabeb\a\t\ikdAhea`n\\l\i3`Cb\Abbe \cbbblkiobibl\Agdr 161 \NAyaerVidte diMl lid,l3\1Ws\klaieathic\die&atiMsWvhethar\fhb\NdJAbdala\1b\s`abbfabk4bee Sibicb\bdhM1dg\?t 'baildb\1\ty 162\}b\y3Alereajbebbabbbete, \tb1\As\\cba ibbabeat\bads\b'FVIAbteW\beerb\TiakaAchhee`ia\d4-\tbellbhetbeMb3hyask\ \ll'`skhl#1\k\, PREPARED BY: Ron Randel, CCIM, Broker CBS1-11-08, Contract to Buy and Sell Real Estate (All Types of Properties). Colorado Real Estate Commission RealFA$T® Software, ©2009, Version 6.16. Software Registered to: John D. Wheeler, Wheeler Management Group, Inc. \"T ' 06/08/09 16:31:57 Buyer(s) Page 4 of Seller(s) 163 \tiMd ls\tldt\s\atiklbbiol-*Y Vith2c?\setlekhhlst`rAc'MYJe\lchl'ttbk\rdo'lba\taYarhlibatb\MAI\Bi\ Qr\ha'dtaiIh\al,\bahh`Gohiditihill 164 \PaAdlhle\4413),\aY\dlliallkith \ihtk`adthtbbkhIa11\tbthit fe\b`O$5\NY1.TMatti( \laCtEtVit\WtIYLTT$N 165 \N1Ci,'ttfbil\Tb\\n$RMIN.ATZ\TUTS\c i }1TION\`6Y1ALL\Y \btOr't%\T414t\V\6DK\AND\'131YT 2\'s\E4\t1NLl,'I' 166 \MONkb\\SHAWN\I;L\\M%fik1' NINXD`INE,\\Man \AS\`CTWFt WISt\\PACAVIlHut)\1N\\fitin.\CCNTIt14 t) 167 \'(a4WAbbia\Tate\SilttW,\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 168 \331 Y\eNlt\hYadttthtiah)atitili el\s\IvaW5ebiar\naih\YK9uyht\is\to\Whitbl\p`akt\Mt&\ltMhMb\Mae\65\bNeckitin \a\ 169Wolalibsbkylhate\hi\febakaF'SV4hih'o'r\aid%\this'hlt>31bhtl`is\bar\to\belenta• i\a\`C1bbibk ilh rthakhdt\tfbbbSithtkb tbt 170\Bcn'eTh\`f\Se11bk)\atlidn\Sislierk\aip`r&'>dl t\130e4S\$tlaltblelViol* hhkl\a\rkailANN'thiltais)\Mitahjvj,tO'V 1\M1aYl\be\al`SellatY.d 171\sbblbktidd$,hat'etial\hi\shahkhs\e1�h)\1111)lel\halkbt)13p'(\k Seder`by\Y3vi.Lek'sOt\eUit\trtfnhrbh%iaitY)eaU11,b\(`§\2\N)) 13 idr's 172 hkj,atlsb\Itkf hlratldn\bhL\osmnbtltk\(lrkcYildihN\a\at\rlarit\?ra$il`rhlickk)\ackiVehtilg.`Bv`ybN T11hhdihtt\ehs016hbhrh\add\at`eklit 173 lcblahibla\aNikINIVelA WAX Sarkat\h,a d \Maheabalbisi\(3)\Ba}\elAbbhaehls'\nit\SefletArh ddrkfy\BiVel Tthhtic\ihl\dblhty 174 \AA\c\adikiwkitiih&s\1 j3)\ahy\s\ibh'ihfbhhbtiatl hit$ \tbaatia6rltk `radeVie\i\d}X Sarieall1V,b\1, M$ by\SeThb ltk Neafidehaa,\dn\i\hot 175 `ra1>rhs\e\1\tb\dthel's ekeight\tb\lirbtebk'SbNAr`s\'itltbk`salaVia IAA hd iihill Wib\thabLhrh\B t e\Vb\dbkaciiit h'a cbthls\sb,\y\bete 176`sbMM'by \a\adeMAtkds\\t1Td,Jolbt'Seuar)\ht§`Cddt11oat\\§.oatiditieM('( k\thabaildfk\di\Se1Mc)\Shcle\\'au*Mbh\21 the 177`tat\ils\add\0dthftftedOel\a\i'A1k \a'bhh\dbbbbVithed b)\131tyat\1N'theVeachef\h-h4'a'6bNht\N\th\bb\s\tW,Mitldta\db\iyar\s\Now 178 Yb`ab\(Buybhs\NeW\SbAib 'L'O' h).\\A\dditiMally\SaNer\Alta11\hev'eV11)Atgltt\a\arhlrhhte\hkbbbbkka`Cxlbbi10 IAthb\LM\\at 179 YSlabihra1e\b \lkalt\ds\sbk Meta lei\ §'4Th b$ tIM tbkkhdt4k\BayM'b Ne\m\ Sbrlibb U h t bhkItM Y"io\tl \lka\ lajoj,tb`vaa `by\9e'1eb\a`nd 180 XS),kf\9elMebllbas Adt\deYibW ilAittbh\nb\iba`Of Velleils\atM0p\raddlb Bd))e%112theihhWHiNty\dn\t\draai'Arbhhih ks\dr\MRNhWcdr's 181 \IAM SbhibkLbaANo, >ahj'ar\t1/2\ \app\aiAl\dt\11Ay>Cr\S\SkadiklAMbbIa't!h\DhIdibk\j 1)3),\thb1' NeA*hivbdkhe\c\oh\lkldns 182`sbfife\N,\rh\thks\s\ebkbihb\8BuybtYs\Nbiv\3dnYar\hMAtbWhir \dde\\ieahr\*latish \thNad\? elihhtIkbbal\to 183\8dg>ekai,bkbafbla\diallite)Niialibbfrhdt\skhri\c\hhAdta.\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 184 A4\ 185 \(htbhtding.hdtb\gae\l\ONV Ist,\a\iINnyhldditiadtidnhyto\Bh)\e'r'by\kklah% \Lbbb\Wsni kh s\liehViiiih t'§1213.)\BNMIlls b refit 186 o'ffl,1ek,\th\s\lfbhtrhdt\i\\cbkNhtbhhi\hlldtbTiyai'ls\be\ildt \akahpjoidahkbtYAajoichmie1 b1khah\iohk\dobihIe1ts\YRWrtten 187 WI" V\db)ac\1bk\tbVubb\lb"\Voisilrbaidh,\bijfiiaaby\Ai ek,\ts\t\drykaairadbr\9e`ikh'WW1 \EMtih\L'o'ut\\flbaikkatlts 188\OtiNitibhTiehUtiba\('§\23))\Biiyehli.d epts\th\tahi s\hAaadrkditieAs\Mkt&\ddc'htblets\MN\Ilthadr's\appk&JnlbT11\tkdnhidr\of 189 `the?kd{tekty\i\`rac4ilacer1)\Rib`Lbhh'at\th\cb\ikihtohhhhlldrkB'yar'ls\dMthhn1k\Midi\dp\pkddaY\diktbo\t\bhattg`e\1h\tka\arhkAN\ kith 190 YeAA\ekeep`t Net\fbbtkk'ih`gM6.\Tflclddlt tAhiVrbicAl\ibleat\dtkhthb2iby\1\61,4r4MiaAAp`Asks\bee4Nirie\6§\INN VIA kbhtrhct 191 kkhft tdrinYtldtabhkkallaaddllha\li\Se'lbhis\b\de\rate'bed\frai\Ila'bMitjAtIdIti tbch\this\htpYaAalin \Bli er\dcleNNMahthht\shbh 192 compliance as set forth in § 4.6, this Contract may be terminated at Seller's option. 193 6. 11YA1'<tiA1SAL\AIUMSION6\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 194'6V1\Phbplektg\Ap)akbddl\TMiblencteklrkj,Me\'h rk&juh'ekrkhis\arVeivaikd\\kWdthtk)idbain\46IaNtb\Pcbj,arkyl\l\e\e.\tbbI 195 Wear\A$ihtihM'&Sibua\thds'e\ht'kbt\s\'paddy\hf§rbaa'tb\R\\soIm§AlA\h'\tCbhtrac't\',5RNat\'iay\tehhblala`thi\\SMtbdc\ 196 KldtWltlAthhaih)3\§,Yg\dt\NtYs\\Cbhk'at)Y`y\d>l,'ttbk\ioYtbh\th\11A}\ek'dn\b1 bbfo\aWelt \day\\fb}6WIrk\Satter\s\kecbtp\b(\t'a 197 TtAht\rarhaAtk\5alkk't'c Ahhherkiihatatir\\hrih`§\bV\sYt'lt\rkkla'p l,\1t\dn\Mcbaflikdh0Virht\MtIn\i\by\SaNar\ltkkilah\`td\Ais 198 '§\ale:\(Y)kfe\lldrhaIatkai\hi\ahWrktiaMgkac\ttlet\kagakgth)t`tile144Aikarherkb;W(4)Nie\itatjtu'ik're'ks\Arabbhtp\etadbjrtblar) 199 bkj.3,)\hebatis`fAc\rbkbYihdl2ac)rlileerhArltdis\\baibaaht\dikikibj;bytBth)ch\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 200 6.2. Appraisal Condition. 201 ® 6.2.1. Not Applicable. This § 6.2 shall not apply. 202 O 6.2.2. Conventional/Other. Buyer shall have the sole option and election to terminate this Contract if the Purchase Price 203 exceeds the Property's valuation determined by an appraiser engaged by n/a . The appraisal 204 shall be received by Buyer or Buyer's lender on or before Appraisal Deadline (§ 2.3). This Contract shall terminate by Buyer 205 delivering to Seller written notice of termination and either a copy of such appraisal or written notice from lender that 206 confirms the Property's valuation is less than the Purchase Price, received by Seller on or before Appraisal Objection 207 Deadline (§ 2.3). If Seller does not receive such written notice of termination on or before Appraisal Objection Deadline 208 (§ 2.3), Buyer waives any right to terminate under this section. 209 ‘13\ \ \ \ft \ bAdliths`l bhheba'hat\rlotMthhthMaikj3'bye'herykbkt\ldn\bYVh§s\ddrkkdci,\11A`13u't lka\at\(\Btk3)ek)\h1tuTP 210 \ \ \ \ hat\6d bbtiPecl, la aMi ltie\ihb\}iukalkaka \X'tM, khaijel y\de\at'iRe\d\herbth\dr\tb\tWh t\At btat`lbSA1Wokfeltbke af\ bh[hb3f 211 \ \ \ \ Mdnby\iej9as\its\drb\l\erk'I e d n'es\ \he libibbhsek KM dr) has\Rebb\glMen\ibhbadrithhae\Mth }AO.WF1IA\A VA lee itaekiehts' 212 \\\\h\\\lire'\stht irkhhhkde\i\t}9\fhb\Petlbtallfo`talt \ddikhi\skkhtbk,\fialtar-iridtt\itVe`terbhs\A`ffulr'e\eAATkt'obklrhNdrhatbaat 213\\\\leh\laI\\at\t';iVIM lie\aiip\-Ai\ad\ Mate bf\Nib\hdt\as\s\&NA,NWIe\\\\\\\\\\\\\Attie\RrlrbhasbkKBAy\ekKmelt 214 \\\\hh'e\tbapkrti 1hAe\An\chd.kloh\Jf\p`raaeetihig\\iri\ha aAs'u\MAtldn\df\theYU'k'at\vlaeuIt\egakakaNibhhlo\ibkaNihbbWa\ie\f 215\\\\\'hlbhtldik\1Yt`e\dppkdibechbathkicn\t\\ahibechat\tb\de'tehlthhI.Nib\ ajeiblubil.'bhpb0 to\IDal%drhhelk\cr dti`shig\dald\N1IRa' 216 \\\\Iie\ielbbhtbhti\l1Ikksbkel Utib\dob\hbtWalahhbNtWuble\Aar\tbbbbhdtlibhb`f`thc\Phdpbkty\TheI i h''ber\LBtr 1'sbbMM'' 217\\\\bdBsTylhbh8\eltXRekheYNNthaNtb\p`rkb\abebb2ithbbb`f'the.Nkopbkty'lee.hdcbRabk1\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\' 218 CI\ \ M`k \ VW\ \ft ks\ex\02a15Nagreezhatht)hbkvatfs\drldiMak\eihbl\'mo skirts\at\this\dddti\ac,\thej;,hklahhek`(Bhjier)\M1}'hdt 219 \\\\ bath 'hjr}tbhhl't}\bj\bktbkht\e\aftkhhtbbh10 14`dr\kharWiAe\bi\bh o'bIiphtbkl\b\do\1\016t \t116 p1 keh'a ' rtheT'kd}lektq 220\\\\kiasbkba$Ybke'A,\Met C\drih'bNlbkM' I'lcaabk\c'tht'tsAdelt20,llle\ke'NMdbIdbhlub\di\tbb\Pcbjulay\.bhtkhHsh' l'P\Nib' 221\\\\I7el,hr'tthbbadt1WkekAtlsWNt'irb.\Nle\1kdhMdsbat\Btk}lek)\sYt'Il\hdvibk%>a Ra\,b\babhadYag'e\ahli\dphbk\drPb6cbb2ithp\W1'lRtiid 222 \ \ \ \ earls\MMtloh\ bN ttkb \adn\t M \ *, ,ale kag'ka \a'tha' dohha NA\the, kadsbhCRla \s)alde\ as\thlatishad Y thb\l9bi)drbkarlt\df 223\\\\\wralks\AtMA\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\' 224 W\3.\1C'\NbC\41id?aMsIat\\\Cbht\bN'kiy\A13praiNal\to\bb\allthr\ib1\dtie4\thb\?lilt\61\ \isdrkia\a,\Ahti\R \MeX \ma \by PREPARED BY: Ron Randel, CCIM, Broker CBS1-11-08, Contract to Buy and Sell Real Estate (All Types of Properties). Colorado Real Estate Commission RealFA$T® Software, ©2009, Version 6.16. Software Registered to: John D. Wheeler, Wheeler Management Group, Inc. Buyer(s) ti.�z` 06108/0916:31:57 Page 5 of Seller(s) 225'[\l\\lavia,\\laSaearl\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 226 7. EVIDENCE OF TITLE, SURVEY AND CIC DOCUMENTS. 227 7.1. Evidence of Title. On or before Title Deadline (§ 2.3), Seller shall cause to be furnished to Buyer, at Seller's expense, a 228 current commitment for owner's title insurance policy (Title Commitment) in an amount equal to the Purchase Price, or if this 229 box is checked, ❑ An Abstract of title certified to a current date. If title insurance is furnished, Seller shall also deliver tc 230 Buyer copies of any abstracts of title covering all or any portion of the Property (Abstract) in Seller's possession. At Seller's 231 expense, Seller shall cause the title insurance policLto be issued and delivered to Buyer as soon as practicable at or aftei 232 Closing. The title insurance commitment ❑ Shall Shall Not commit to delete or insure over the standard exception 233 which relate to: (1) parties in possession, (2) unrecorded easements, (3) survey matters, (4) any unrecorded mechanic's liens, 234 (5) gap period (effective date of commitment to date deed is recorded), and (6) unpaid taxes, assessments and unredeemed tax 235 sales prior to the year of Closing. 236 Any additional premium expense to obtain this additional coverage shall be paid by 0 Buyer 0 Seller. 237 Note: The title insurance company may not agree to delete or insure over any or all of the standard exceptions. Buyer shall have 238 the right to review the Title Commitment. If the Title Commitment or its provisions are not satisfactory to Buyer, Buyer may 239 exercise Buyer's rights pursuant to § 8.1. 240 7.2. Copies of Exceptions. On or before Title Deadline (§ 2.3), Seller, at Seller's expense, shall furnish to Buyer and 241 Buyers attorney to be determined , (I) copies of any 242 plats, declarations, covenants, conditions and restrictions burdening the Property, and (2) if a Title Commitment is required to be 243 furnished, and if this box is checked ® Copies of any Other Documents (or, if illegible, summaries of such documents) listed 244 in the schedule of exceptions (Exceptions). Even if the box is not checked, Seller shall have the obligation to furnish these 245 documents pursuant to this section if requested by Buyer any time on or before Document Request Deadline (§ 2.3). This 246 requirement shall pertain only to documents as shown of record in the offices of the clerk and recorder in the county where the 247 Property is located. The abstract or Title Commitment, together with any copies or summaries of such documents furnished 248 pursuant to this section, constitute the title documents (Title Documents). 249 X.B\ `AIr\' y\.\ On\d,\l d{Me\ i,Wa De\Mill a \C§‘2 \IOU Va h1l \ L )3\i \ X11411\ welt iiie\1'' ktetb`f`tU 250 Tkk\isdrkMnVnienlhl,ah�\iitadills aR$ih�k%ibhbYlate\Md'aliskhat)'t i ckick\a\athie\t\❑Ifhbkadetitelt\S�MT'Piat`\\\\' 251 liko eirldrk\lldc`ahbtr`t &ttftc'2 taro\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\v 252 ha Basch)tiblbkacYclEllk,\dd,lASki0ey),\Artadibdrlt\riot\d§ adeel\S\kYa\\\\\\\\\\\\\\\\\foVS\1kJetj\shhRbb‘phlchti 253 lik1141'\❑ 'Walt \\Cfllle\easla1deegllakhibh?rt4`GhSJy\el\OSItne4\sshalt`1314 \the' kecla\h\el\balbtdfds`iIt \'tlyll 254 M-WiNa6A13e\ 6MIgtheeh1d jiay,lle\evec'ths\h?MMS 13*111r\Is\,i\at a3eli Athh\Mtt\al\a: IaffJe`r�ld'SbNerj`bhf3ra\S\MI \?s\& tell 255 Baar\s\Miltahieehlnhbl`tbylay\thadgUh'eel`alz%hbl%\6d,}1aia'by\Bilylek.\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\s 256 7.4. Common Interest Community Documents. The term CIC Documents consists of all owners' associations (Association) 257 declarations, bylaws, operating agreement, rules and regulations, party wall agreements, minutes of most recent annual owners' 258 meeting and minutes of any directors' or managers' meetings during the six-month period immediately preceding the date of this 259 Contract, if any (Governing Documents), most recent financial documents consisting of (1) annual balance sheet, (2) annual 260 income and expenditures statement, and (3) annual budget (Financial Documents), if any (collectively CIC Documents). 261 0 7.4.1. Not Applicable. This § 7.4 shall not apply. 262 \ \ \ \ d3\'Cb\il hbh\rirla,'eat‘nirhitahhh* IliheVh \ \ 'Mk \RAmibk \ IS MISAT1iT?,1W 11NW A\& MM` ilk tNTEMIST 263 \ \ \ \ \OtMt\TMITNNN \1\ISb\t6\ VOII It`Q'F \t`Q \TMh \DECL'AR AT}ON\EOR\ SUOIT \COMML114, qhh \Mt\ OWNTR\ 04; nt 264 \\\\P I)l1MRTY\WILL\BEYt OtAlkh\'fit9\6H\\\ME\MBEMOMEIb\ \ASSOCIATION\FOR \fIIE`cCOMMiRNFIV 265 \ \ \ \ \4ND\ WAIN 13Th SNl3YkUi\ TO' T'11L\ TIMAW\S\ \WNb\AM 'S\AN ) A&Stsi M\'NOAS `OR \ \AS.4dMATION\ ThF 266\\\\\D.SZILA]MTNTO1Y\'1hI\AWS,\WAD \RULITS\\AND\wscitt\l\1\IlRNS.\WTbE\1Na$OOE\\FINA\I•TtL1.AT \mBLTUAA\7VUINS 267 \ \ \ \ \LIRt9N\ TT -1 'QVVNi A \O:F \T\PIE\RROPtit\'F1C,\ fNCLUDl3N6 AN\ ilL\II \'fi1U5 \'fil9\RAY\ k\`66'n1S'S1MEN\I5\ 0f\' 11-} 268 \\\\WSSOCIATION\mTT34F\i9W tt\t91CMNCKI\RAY\TRY''sT\ASSESSIvIANTSTME\ASSmnXVTml, monnvisAcE1A 269 \ \ \ \ \vim tow, TTTI\RR0PLa4a'fist\AMA MAMMY \S.A>1DYT\7\d\R,4k\71t9E\MINT\TIMOt INARA'4TW`13.flXWS,\AMD 270 \\\\ MSS \AND\RIL?OMT}ONS\6R'Tat `00MAlvI4V Y\MMflM f tall laWleR‘nz'ONANON6OITAMQIS 271 \ \ \ \ \TO \VIE \lalat9RERYA\ WMWIN\)M \S\IVAITfffCT't AI\ \iaBQ'1HW BY\ T lf8 \\\S\4OntfitON\U1, \l\ COMMIQ\P 272 \\\\\OFNT-11\)MS'S''061Y\\TA 1 XWDTIM WPOROVf1T.\bf\fiPIE\4SSOUATION\1?UR66PIA'SFtt\AOc\MOPEV'9%\WISP RIN 273 \ \ \ \ \VIA \ COMW6N\ Ylei4`ETWAIC VSOMMONXICIC \ Sf?Q1Nk \'1W1 9t1UAAT \ TTTL\ \FBrWNCIAL\ OfitfOATN9NS\ `O1 274 \\\\\Mfl4 httS\bT\TtdT\lA'56"OisMTXM(\RfPRQIYASTR5\SWITNEB\CA\MAtIkIN\k\E\O\THE\DatAAAYTm1e1\MT 275\\\\\MtYQMt'TNINITYANIUTfME\RYiM\Ws\AVIAMIL`E\S\Ala RUQCthAN7@kI5\t9F\N'iff1A\4SCtinAT1QN\\\\\\\\\\\ 276\63,\\7\d,3\Wo`t`Od,idieibhtAlkki,Rhifteiv1\thIM\aano\dlh$ 6\that\Roy\e\`hhl<\ac'eWell\a\adpy\dt\tkat \IMMkthelitk\B,lja),A4 277 \\\\\a\\a\\a$\ACn\,\a1g`reek\tbhbdlkihdbarld\t1ta,\dbliDttiarls\aridee trklibk§llialtlky\ir1pbts \i tVie\Rtb\atj'aha`its\o\dlle\d 278 \ \ \ \ a\aWv'\a`iads\ahy\Nh\ ld lathithe tea Cbktroc&' hii te\ 4a11\Mc\ \I -161A hhk ileetan\i1g the p &J,ikrbkJ bf, § t S\ \ \ \ \ \ \ \ \ \ 279\\\\\qlA,$\Y,YY\AAaarlraites4b\Ady\e\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 280 \\\\fl\\\d)4,4,'1 to\Rdhaaanotithearltaate\s�uar\hhall\ANee\vie\CYC\Dbaarhee,14\tip\hd\p\aaillaa\h\Mt r\\t 281\\\\\\\\\SaNar\6\dx\Ihas\e\bkbthafdra\C]CwadtiiitaathTlctalli111 (\5\213 \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 282 \ \ \ \ \\\'MAIN lialMASMMeh\pis)aihvAh\\Sd1le N,b\&as\v3e\Aksoblot,i'h\tb`p`rot\iva`the,cm\Ddc\rhlehls\to\moo) 283\\\\\\\\\htSd1Wr\'ekile114\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 284 \ \ \ \ \ \ \ \ \ \Ate\ Alien ClbYlghliai+N'Saxark\dlilightdaa to 19Mvide\tha QIC\bbalhkarkk Vila he' fivviv to hjsaa BhyalYs\l'aeibi 285 \\\\\\\\\bfvle\dtODbkaalahesNl\eke,liid6lbTWhb\Nbirll>rkkaeli\Bold,lrkhlsl\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ PREPARED BY: Ron Randel, CCIM, Broker CBSI-11-08, Contract to Buy and Sell Real Estate (All Types of Properties). Colorado Real Estate Commission RealFA$T® Software, ©2009, Version 6.16. Software Registered to: John D. Wheeler, Wheeler Management Group, Inc. Buyer(s) lA 06/08/09 16:31:57 Page 6 of Seller(s) 286 \\\\\743 rohktltiaditbh\Bh bmiwrilew \I thdbaA'ii\At`tAcr\§\ .4\4\ bk`§\7`$.yF\2t0ch let d)hetusems\drls\d1\thtr,\§\YW\ 287\\\\\shhith1,thty\ Witten, hefide\MRhkXithihh§fabkjrptadi M\h'Qn\'W\tbh`OIC\bbhaikhktlfh\MiQr'5\shbjekliiakts'tMtbh 288\\\\`slghhll`by\Bil}1ek,\dr\dn\bethin\tlyelOan\Pde'li\a ll`te'SW4e1\dri,at\Bak\1Cft\Daad,%atrtts` bjekahitYkhdli6k\(`§\'2Y) 289\\\\\shhll`tdrhtiithtAtlliwthak t\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 290 \ \ \ \ \ \ \ \ \ Vh6hki\Bily\ek kecettk\theOTC \Daetrhkeh`tslhfrdr\S1G\UdchthhArktk Ylctakthlt\ (§\ Y?\3)\ VBitykh \S1thI4 Vlab§\f6§ \rtt§lh\ k 291 \\\\S&lykir'd.bjstieetl,\tAta?ulihhtk\thth&thl,a\ch \tkhleh\rk3tr\khkh\re?eN`ta'S' hr\ar>bhbhhtkaleht\da' \aTteieBuyhes\kkhti)A 292\\\\`theK9C\Pheatilthddts\\Irihtyhe116es\eat \rkedikallk\CiC bicliebt$bhlfit k\i.Witten.ha$de\tu\feiahhthle\hr6hhhetheIvakt 293 \ \ \ \ h'e'rh4tlikhi\t1o\t?e\delf\elal\a`ftek\0Iks,7> \Bl1tk\ \2.$),\Bil}tek'J\Jrltk eecltkk\th\taththibhtk\skhtl W464146614`S Nar\at%hi 294\\\\\b4llckk`threetthjes\dthar\tb\t$tokhig\Dhte\ (§\213)\\rf\Se 111 \VIA' aelae\Wreck\tkkick\freh\Bh*\Mthin\kildh\ iMe 295 \\\\\Bt1.�eb' sae§t1s\thh\p`redu\tb\A\dim Inc \DdchVew\thi`131?ykh'§ki'ghhto\tkiakinhle\thIs\Chhfh&\phku'ukhto\this\? ctibh\i 296\\\\\dNidad,hkladtttlshen\dttWhk`phaihthk? kx1\S1s.\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 297 NOTE: If no box in this § 7.4 is checked, the provisions of § 7.4.4.1 shall apply. 298 8. TITLE AND SURVEY REVIEW. 299 8.1. Title Review. Buyer shall have the right to inspect the Title Documents. Written notice by Buyer of unmerchantability o: 300 title, form or content of Title Commitment or of any other unsatisfactory title condition shown by the Title Documents 301 notwithstanding § 13, shall be signed by or on behalf of Buyer and delivered to Seller on or before Title Objection Deadlim 302 (§ 2.3), or within five days after receipt by Buyer of any change to the Title Documents or endorsement to the Title Commitmen 303 together with a copy of the document adding any new Exception to title. If Seller does not receive Buyer's notice by the date 304 specified above, Buyer accepts the condition of title as disclosed by the Title Documents as satisfactory. 305 8.2. Matters not Shown by the Public Records. Seller shall deliver to Buyer, on or before Off -Record Matters Deadlim 306 (§ 2.3) true copies of all leases and surveys in Seller's possession pertaining to the Property and shall disclose to Buyer al 307 easements, liens (including, without limitation, governmental improvements approved, but not yet installed) or other title matten 308 (including, without limitation, rights of first refusal, and options) not shown by the public records of which Seller has actua 309 knowledge. Buyer shall have the right to inspect the Property to investigate if any third party has any right in the Property no 310 shown by the public records (such as an unrecorded easement, unrecorded lease, boundary line discrepancy or water rights) 311 Written notice of any unsatisfactory condition disclosed by Seller or revealed by such inspection, notwithstanding § 13, shall bt 312 signed by or on behalf of Buyer and delivered to Seller on or before Off -Record Matters Objection Deadline (§ 2.3). If Seller 313 does not receive Buyer's notice by said deadline, Buyer accepts title subject to such rights, if any, of third parties of which Buyer 314 has actual knowledge. 315 8.3. Survey Review. 316 ® 8.3.1. Not Applicable. This § 8.3 shall not apply. 317 ❑ 8.3.2. Conditional on Survey. If the box in this § 8.3.2 is checked, Buyer shall have the right to inspect Survey. If writter 318 notice by or on behalf of Buyer of any unsatisfactory condition shown by Survey, notwithstanding § 8.2 or § 13, is receives 319 by Seller on or before Survey Objection Deadline (§ 2.3) then such objection shall be deemed an unsatisfactory tith 320 condition. If Seller does not receive Buyer's notice by Survey Objection Deadline (§ 2.3), Buyer accepts the Survey a: 321 satisfactory. 322 8.4. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION 323 INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE 324 PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED Al 325 RISK FOR INCREASED MILL LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING O1 326 SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO 327 DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYER SHOULD 328 INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION 329 INDEBTEDNESS OF SUCH DISTRICTS, EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH 330 INDEBTEDNESS, AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES. 331 In the event the Property is located within a special taxing district and Buyer desires to terminate this Contract as a result, i1 332 written notice, by or on behalf of Buyer, is received by Seller on or before Off -Record Matters Objection Deadline (§ 2.3), this 333 Contract shall terminate. If Seller does not receive Buyer's notice by such deadline, Buyer accepts the effect of the Property's 334 inclusion in such special taxing district and waives the right to terminate for that reason. 335 8.5. Right to Object, Cure. Buyer's right to object shall include, but not be limited to, those matters set forth in §§ 8 and 13. II 336 Seller receives notice of unmerchantability of title or any other unsatisfactory title condition or commitment terms as provided 337 in §§ 8.1, 8.2 and 8.3, Seller shall use reasonable efforts to correct said items and bear any nominal expense to correct the same 338 prior to Closing. If such unsatisfactory title condition is not corrected to Buyer's satisfaction on or before Closing, this Contract 339 shall terminate; provided, however, Buyer may, by written notice received by Seller on or before Closing, waive objection to such 340 items. 341 8.6. Right of First Refusal or Contract Approval. If there is a right of first refusal on the Property, or a right to approve this 342 Contract, Seller shall promptly submit this Contract according to the terms and conditions of such right. If the holder of the 343 right of first refusal exercises such right or the holder of a right to approve disapproves this Contract, this Contract shall 344 terminate. If the right of first refusal is waived explicitly or expires, or the Contract is approved, this Contract shall remain in 345 full force and effect. Seller shall promptly notify Buyer of the foregoing. If expiration or waiver of the right of first refusal or 346 Contract approval has not occurred on or before Right of First Refusal Deadline (§ 2.3), this Contract shall terminate. 347 8.7. Title Advisory. The Title Documents affect the title, ownership and use of the Property and should be reviewed carefully. PREPARED BY: Ron Randol, CCIM, Broker CBS1-11-08, Contract to Buy and Sell Real Estate (All Types of Properties). Colorado Real Estate Commission RealFAST© Software, ©2009, Version 6.16. Software Registered to: John D. Wheeler, Wheeler Management Group, Inc. Buyer(s) 1"/t. 06/08/09 16:31:57 Page 7 of Seller(s) 348 Additionally, other matters not reflected in the Title Documents may affect the title, ownership and use of the Property, including 349 without limitation, boundary lines and encroachments, area, zoning, unrecorded easements and claims of easements, leases and 350 other unrecorded agreements, and various laws and governmental regulations concerning land use, development and 351 environmental matters. The surface estate may be owned separately from the underlying mineral estate, and transfer of 352 the surface estate does not necessarily include transfer of the mineral rights or water rights. Third parties may hold 353 interests in oil, gas, other minerals, geothermal energy or water on or under the Property, which interests may give them 354 rights to enter and use the Property. Such matters may be excluded from or not covered by the title insurance policy. Buyer 355 is advised to timely consult legal counsel with respect to all such matters as there are strict time limits provided in this Contract 356 [e.g., Title Objection Deadline (§ 2.3) and Off -Record Matters Objection Deadline (§ 2.3)]. 357 9. LEAD -BASED PAINT. Unless exempt, if the improvements on the Property include one or more residential dwellings for 358 which a building permit was issued prior to January 1, 1978, this Contract shall be void unless (1) a completed Lead -Based Paint 359 Disclosure (Sales) form is signed by Seller, the required real estate licensees and Buyer, and (2) Seller receives the completed and 360 fully executed form prior to the time when the Contract is signed by all parties. Buyer acknowledges timely receipt of a completed 361 Lead -Based Paint Disclosure (Sales) form signed by Seller and the real estate licensees. 362 10. PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY, BUYER DISCLOSURE AND SOURCE 363 OF WATER. 364 10.1. Seller's Property Disclosure Deadline. On or before Seller's Property Disclosure Deadline (§ 2.3), Seller agrees to 365 deliver to Buyer the most current version of the applicable Colorado Real Estate Commission's Seller's Property Disclosure form 366 completed by Seller to the best of Seller's actual knowledge, current as of the date of this Contract. 367 10.2. Inspection Objection Deadline. Buyer shall have the right to have inspections of the physical condition of the Property 368 and Inclusions, at Buyer's expense. If (1) the physical condition of the Property, (2) Inclusions, (3) any proposed or existing 369 transportation project, road, street or highway, or (4) any other activity, odor or noise (whether on or off the Property) and its 370 effect or expected effect on the Property or its occupants is unsatisfactory in Buyer's subjective discretion, Buyer shall, on or 371 before Inspection Objection Deadline (§ 2.3): 372 10.2.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated; or 373 10.2.2. Notice to Correct. Deliver to Seller with a written description of any unsatisfactory physical condition which 374 Buyer requires Seller to correct. 375 If written notice is not received by Seller on or before Inspection Objection Deadline (§ 2.3), the physical condition of the 376 Property and Inclusions shall be deemed to be satisfactory to Buyer. 377 10.3. Inspection Resolution Deadline. If a Notice to Correct is received by Seller and if Buyer and Seller have not agreed in 378 writing to a settlement thereof on or before Inspection Resolution Deadline (§ 2.3), this Contract shall terminate one day 379 following Inspection Resolution Deadline (§ 2.3), unless before such termination Seller receives Buyer's written withdrawal 380 of the Notice to Correct. 381 10.4. Damage, Liens and Indemnity. Buyer, except as otherwise provided in this Contract, is responsible for payment for all 382 inspections, tests, surveys, engineering reports, or any other work performed at Buyer's request (Work) and shall pay for any 383 damage that occurs to the Property and Inclusions as a result of such Work. Buyer shall not permit claims or liens of any kind 384 against the Property for Work performed on the Property at Buyer's request. Buyer agrees to indemnify, protect and hold Seller 385 harmless from and against any liability, damage, cost or expense incurred by Seller and caused by any such Work, claim, or lien. 386 This indemnity includes Seller's right to recover all costs and expenses incurred by Seller to defend against any such liability, 387 damage, cost or expense, or to enforce this section, including Seller's reasonable attorney and legal fees. The provisions of this 388 section shall survive the termination of this Contract. 389 10.5. Insurability. This Contract is conditioned upon Buyer's satisfaction, in Buyer's subjective discretion, with the availability, 390 terms and conditions of and premium for property insurance. This Contract shall terminate upon Seller's receipt, on or before 391 Property Insurance Objection Deadline (§ 2.3), of Buyer's written notice that such insurance was not satisfactory to Buyer. 392 If said notice is not timely received, Buyer shall have waived any right to terminate under this provision. 393 10.6. Buyer Disclosure. Buyer represents that Buyer ❑ Does ® Does Not need to sell and close a property to complete 394 this transaction. Note: Any property sale contingency should appear in Additional Provisions (§ 25). 395 10.7. Source of Potable Water (Residential Land and Residential Improvements Only). Buyer ❑ Does ® Does Not 396 acknowledge receipt of a copy of Seller's Pro erty Disclosure or Source of Water Addendum disclosing the source of 397 potable water for the Property. Buyer ❑ Does DA Does Not acknowledge receipt of a copy of the current well permit. ® There 398 is No Well. 399 Note to Buyer: SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUND 400 WATER. YOU MAY WISH TO CONTACT YOUR PROVIDER (OR INVESTIGATE THE DESCRIBED SOURCE) 401 TO DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER'S WATER SUPPLIES. 402 11. METHAMPHETAMINE LABORATORY DISCLOSURE (Residential Property Only). The parties acknowledge that 403 Seller is required to disclose whether Seller knows that the Property, if residential, was previously used as a methamphetamine 404 laboratory. No disclosure is required if the Property was remediated in accordance with state standards and other requirements are 405 fulfilled pursuant to § 25-18.5-102, C.R.S. Buyer further acknowledges that Buyer has the right to engage a certified hygienist or 406 industrial hygienist to test whether the Property has ever been used as a methamphetamine laboratory. If Buyer's test results indicate 407 that the Property has been used as a methamphetamine laboratory, but has not been remediated to meet the standards established by 408 rules of the State Board of Health promulgated pursuant to § 25-18.5-102, C.R.S., Buyer shall promptly give written notice to Seller 409 of the results of the test, and Buyer may terminate this Contract. 410 12. CLOSING. Delivery of deed from Seller to Buyer shall be at closing (Closing). Closing shall be on the date specified as the PREPARED BY: Ron Rands!, CCIM, Broker CBS1-11-08, Contract to Buy and Sell Real Estate (All Types of Properties). Colorado Real Estate Commission RealFA$T® Software, ©2009, Version 6.16. Software Registered to. John D. Wheeler, Wheeler Management Group, Inc. Buyer(s) L/ P 6 06/08/09 16:31:57 Page 8 of Seller(s) 411 Closing Date (§ 2.3) or by mutual agreement at an earlier date. The hour and place of Closing shall be as designated by 412 Title Company 413 13. TRANSFER OF TITLE. Subject to tender or payment at Closing as required herein and compliance by Buyer with the other 414 terms and provisions hereof, Seller shall execute and deliver a good and sufficient General warranty 415 deed to Buyer, at Closing, conveying the Property free and clear of all taxes except the general taxes for the year of Closing. Except 416 as provided herein, title shall be conveyed free and clear of all liens, including any governmental liens for special improvements 417 installed as of the date of Buyer's signature hereon, whether assessed or not. Title shall be conveyed subject to: 418 13.1. those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by 419 Buyer in accordance with (Title Review (§ 8.1), 420 13.2. distribution utility easements (including cable TV), 421 13.3. those specifically described rights of third parties not shown by the public records of which Buyer has actual knowledge 422 and which were accepted by Buyer in accordance with Matters Not Shown by the Public Records (§ 8.2) and Survey Review 423 (§ 8.3), 424 13.4. inclusion of the Property within any special taxing district, and 425 13.5. other Mineral Rights, if any, transferred to Buyer at closing. 426 14. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before Closing from the 427 proceeds of this transaction or from any other source. 428 15. CLOSING COSTS, DOCUMENTS AND SERVICES. 429 15.1. Good Funds. Buyer and Seller shall pay, in Good Funds, their respective Closing costs and all other items required to be 430 paid at Closing, except as otherwise provided herein. 431 15.2. Closing Information and Documents. Buyer and Seller will furnish any additional information and documents required by 432 Closing Company that will be necessary to complete this transaction. Buyer and Seller shall sign and complete all customary or 433 reasonably required documents at or before Closing. 434 15.3. Closing Services Fee. The fee for real estate Closing services shall be paid at Closing by ❑ Buyer ❑ Seller ® One -Half 435 by Buyer and One -Half by Seller ❑ Other n/a 436 15.4. Closing Instructions. Buyer and Seller agree to execute the Colorado Real Estate Commission's Closing Instructions. 437 Such Closing Instructions ® Are O Are Not executed with this Contract. Upon execution, ® Seller ❑ Buyer shall deliver 438 such Closing Instructions to the Closing Company. 439 \183NS1dtilk1- ttlekhbk\I\WthtbVxe`e§.\\\W`ny\te I� c'ideltt\d`tll\1st)drtbbb`f\Ast6bDh1WitJ\k\eh&titWash6ASirts\('Sldttls 440 \hetlet).VialMe\}lditiby\E g4er\EN'Stl&I` kie\lnif ) B>4Ar\ktlbO,%\lfhlt\6yySaht41\An').kh>hMtl\Vell\aSkl63ddtb me 441 \AJsbeldttbk\0k\s dciatidn\s\TMUk9tbk1te)\s`hNbb`ph1.(1 y4 Baer\[NSbHar\'L\Tbkk-Y3dltby\ady\eAIIIdbzMftktfl*Se}& 442 15.6. Local Transfer Tax. ❑ The Local Transfer Tax of any % of the Purchase Price shall be paid at Closing by 443 O Buyer ® Seller O One -Half by Buyer and One -Half by Seller. 444 15.7. Sales and Use Tax. Any sales and use tax that may accrue because of this transaction shall be paid when due by 445 O Buyer CO Seller ❑ One -Half by Buyer and One -Half by Seller. 446 16. PRORATIONS. The following shall be prorated to Closing Date (§ 2.3), except as otherwise provided: 447 16.1. Taxes. Personal property taxes, if any, and eneral real estate taxes for the year of Closing, based on O Taxes for the 448 Calendar Year Immediately Preceding Closing NI Most Recent Mill Levy and Most Recent Assessed Valuation, adjusted 449 by any applicable qualifying seniors property tax exemption, or O Other n/a 450 16.2. Rents. Rents based on O Rents Actually Received ® Accrued. At Closing, Seller shall transfer or credit to Buyer the 451 security deposits for all leases assigned, or any remainder after lawful deductions, and notify all tenants in writing of such 452 transfer and of the transferee's name and address. Seller shall assign all leases in effect at Closing to Buyer and Buyer shall 453 assume such leases. 454 \t \Aks\o1'latide\Aloe\3rkkrlts\`CorMItk(WdrW4sbarblibah s\ek9rhatitlhbNkQskaditeitidrllihAs$y dElcietkNNe\k`slAshktbbts)bkrh1' 455 \ih\allv'a1\de\Mlialn6dbi\11t N`to\Sell V\Cids`i,\1T3sk\bl&vas\kaki\dat\at\ifb\r4aN h`shediatkkhh`sheshel@eth\foh\ckfarite\d` 456hitaikiekheae\a}t,Ntb\AskbaIiiaashdllaat\De\Mailed\tb\S ki%2:16e)phhhihSob@\o‘therkstie\tithhililthWthe6b tehb%etbhilrkarkl 457\Any\Waal \a\4ekkrhhtlt\1%y\Nth\A sbktblibh\tbr\khflrbfealltlts\thatViabh`bharllrlstdlleU\ab\dl\the\late\81\13e drs\sliriatrkk\hbkdolt\ 458\s'hkN`r6V1,1M16kl,\ckher\s`phht'elhskaasklen'thashlIe'd\plio\rla\ClkiIIr14\nilth\(\2.. ),h \he$tandcldtibb\strhll`De\ 459 \the bblibdtrb\t\o\ 0113146\ U Aliet\ \ SMNer\tbflt\esarka ISA The\Aasbhlatbk\As\shasklebls\arabhiratrtt}\ (vay\abldat\b\ 11xh\ \ \ \ \ \ \ 460 ' 3a Wa\ \ \ \ \ \ \ \ \ \ \ \ \ hha that\tbarb\ arh\rid hhhaiN\rbk111kK bl `sjyadihh'ss§asklelnls\ hhaihat\thh \Prhfler\y\ a1de\pt `the't M11t\ 461\ratpillkt\as'sashkiekis\antl\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 462k1Ta\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 463 Such assessments are subject to change as provided in the Governing Documents. Seller agrees to promptly request the 464 Association to deliver to Buyer before Closing Date (§ 2.3) a current Status Letter. 465 16.4. Other Prorations. Water and sewer charges; interest on any continuing loan, and 466 Any other normal prorations for sale of like property. 467 16.5. Final Settlement. Unless otherwise agreed in writing, these prorations shall be final. 468 17. POSSESSION. Possession of the Property shall be delivered to Buyer on Possession Date at Possession Time (§ 2.3), subject 469 to the following leases or tenancies: PREPARED BY: Ron Randel, CCIM, Broker CBS1-11-08, Contract to Buy and Sell Real Estate (All Types of Properties). Colorado Real Estate Commission RealFA$T® Software, ©2009, Version 6.16. Software Registered to: John D. Wheeler, Wheeler Management Group, Inc. Buyer(s) LiF6 06/08/09 16:31:57 Page 9 of 1 Seller(s) 470 At closing, 471 If Seller, after Closing, fails to deliver possession as specified, Seller shall be subject to eviction and shall be additionally liable 472 to Buyer for payment of $ 300.00 per day (or any part of a day notwithstanding § 2.5.1) from the Possession Date and 473 Possession Time (§ 2.3) until possession is delivered. 474 Buyer 0 Does ® Does Not represent that Buyer will occupy the Property as Buyer's principal residence. 475 18. ASSIGNABILITY AND INUREMENT. This Contract ® Shall 0 Shall Not be assignable by Buyer without Seller's prior 476 written consent. Except as so restricted, this Contract shall inure to the benefit of and be binding upon the heirs, personal 477 representatives, successors and assigns of the parties. 478 19. INSURANCE; CONDITION OF, DAMAGE TO PROPERTY AND INCLUSIONS AND WALK-THROUGH. Except as 479 otherwise provided in this Contract, the Property, Inclusions or both shall be delivered in the condition existing as of the date of this 480 Contract, ordinary wear and tear excepted. 481 19.1. Casualty Insurance. In the event the Property or Inclusions are damaged by fire or other casualty prior to Closing in an 482 amount of not more than ten percent of the total Purchase Price, Seller shall be obligated to repair the same before Closing Date 483 (§ 2.3). In the event such damage is not repaired within said time or if the damages exceed such sum, this Contract may be 484 terminated at the option of Buyer by delivering to Seller written notice of termination on or before Closing. Should Buyer elect to 485 carry out this Contract despite such damage, Buyer shall be entitled to a credit at Closing for all insurance proceeds that were 486 received by Seller (but not the Association, if any) resulting from such damage to the Property and Inclusions, plus the amount of 487 any deductible provided for in such insurance policy. Such credit not to exceed the Purchase Price. In the event Seller has not 488 received such insurance proceeds prior to Closing, then Seller shall assign such proceeds at Closing, plus credit Buyer the amount 489 of any deductible provided for in such insurance policy, but not to exceed the total Purchase Price. 490 19.2. Damage, Inclusions and Services. Should any Inclusion or service (including systems and components of the Property, 491 e.g. heating, plumbing) fail or be damaged between the date of this Contract and Closing or possession, whichever shall be 492 earlier, then Seller shall be liable for the repair or replacement of such Inclusion or service with a unit of similar size, age and 493 quality, or an equivalent credit, but only to the extent that the maintenance or replacement of such Inclusion, service or fixture is 494 not the responsibility of the Association, if any, less any insurance proceeds received by Buyer covering such repair or 495 replacement. Seller and Buyer are aware of the existence of pre -owned home warranty programs that may be purchased and may 496 cover the repair or replacement of some Inclusions. The risk of loss for damage to growing crops by fire of other casualty shall 497 be borne by the party entitled to the growing crops as provided in § 3.1.7 and such party shall be entitled to such insurance 498 proceeds or benefits for the growing crops. 499 19.3. Walk -Through and Verification of Condition. Buyer, upon reasonable notice, shall have the right to walk through the 500 Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this Contract. 501 20. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document, Buyer and Seller acknowledge that 502 the respective broker has advised that this document has important legal consequences and has recommended the examination of title 503 and consultation with legal and tax or other counsel before signing this Contract. 504 21. TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of the essence hereof. If any note or check received as Earnest 505 Money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any obligation hereunder is not 506 performed or waived as herein provided, there shall be the following remedies: 507 21.1. If Buyer is in Default: 508 0 21.1.1. Specific Performance. Seller may elect to treat this Contract as canceled, in which case all Earnest Money 509 (whether or not paid by Buyer) shall be forfeited by Buyer, paid to Seller and retained by Seller; and Seller may recover such 510 damages as may be proper; or Seller may elect to treat this Contract as being in full force and effect and Seller shall have the 511 right to specific performance or damages, or both. 512 ® 21.1.2. Liquidated Damages. All Eamest Money (whether or not paid by Buyer) shall be forfeited by Buyer, paid to 513 Seller, and retained by Seller. Both parties shall thereafter be released from all obligations hereunder. It is agreed that the 514 Earnest Money specified in § 4.1 is LIQUIDATED DAMAGES, and not a penalty, which amount the parties agree is fair 515 and reasonable and (except as provided in §§ 10.4, 19, 21.3, 22, 23), said forfeiture shall be SELLER'S SOLE AND ONLY 516 REMEDY for Buyer's failure to perform the obligations of this Contract. Seller expressly waives the remedies of specific 517 performance and additional damages. 518 21.2. If Seller is in Default: Buyer may elect to treat this Contract as canceled, in which case all Earnest Money received 519 hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect to treat this Contract as 520 being in full force and effect and Buyer shall have the right to specific performance or damages, or both. 521 21.3. Costs and Expenses. In the event of any arbitration or litigation relating to this Contract, the arbitrator or court shall award 522 to the prevailing party all reasonable costs and expenses, including attorney and legal fees. 523 22. MEDIATION. If a dispute arises relating to this Contract, prior to or after Closing, and is not resolved, the parties shall first 524 proceed in good faith to submit the matter to mediation. Mediation is a process in which the parties meet with an impartial person who 525 helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. The parties to the dispute must 526 agree before any settlement is binding. The parties will jointly appoint an acceptable mediator and will share equally in the cost of such 527 mediation. The mediation, unless otherwise agreed, shall terminate in the event the entire dispute is not resolved within thirty days 528 of the date written notice requesting mediation is delivered by one party to the other at the party's last known address. This section 529 shall not alter any date in this Contract, unless otherwise agreed. PREPARED BY: Ron Randel, CCIM, Broker CBS1-11-08, Contract to Buy and Sell Real Estate (All Types of Properties). Colorado Real Estate Commission Rea:FAST© Software, ©2009, Version 6.16. Software Registered to: John D. Wheeler, Wheeler Management Group, Inc. Buyer(s) ts/1'1+ 06/08/09 16:31:57 Page 10 of 13 Seller(s) 530 23. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder shall release the Earnest Money 531 as directed by written mutual instructions, signed by both Buyer and Seller. In the event of any controversy regarding the Earnest 532 Money (notwithstanding any termination of this Contract), Earnest Money Holder shall not be required to take any action. Earnest 533 Money Holder, at its option and sole discretion, may (1) await any proceeding, (2) interplead all parties and deposit Earnest Money into 534 a court of competent jurisdiction and shall recover court costs and reasonable attorney and legal fees, or (3) provide notice to Buyer 535 and Seller that unless Earnest Money Holder receives a copy of the Summons and Complaint or Claim (between Buyer and Seller), 536 containing the case number of the lawsuit (Lawsuit) within one hundred twenty days of Earnest Money Holder's notice to the 537 parties, Earnest Money Holder shall be authorized to return the Earnest Money to Buyer. In the event Earnest Money Holder does 538 receive a copy of the Lawsuit, and has not interpled the monies at the time of any Order, Earnest Money Holder shall disburse the 539 Earnest Money pursuant to the Order of the Court. The parties reaffirm the obligation of Mediation (§ 22). The provisions of this 540 § 23 apply only if the Earnest Money Holder is one of the Brokerage Firms named in § 33 or § 34. 541 24. TERMINATION. In the event this Contract is terminated, all Earnest Money received hereunder shall be returned and the 542 parties shall be relieved of all obligations hereunder, subject to §§ 10.4, 22 and 23. 543 25. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate 544 Commission.) 545 1.DISCLOSRUE OF BUYER: Wheeler Management Group, Inc. acting as Buyer Broker will disclose Buyer within 24 hours of MUTUAL EXECUTION OF CONTRACT (MEC), 2) 510.2 INSPECTION OBJECTION DEADLINE: Buyer has 15 days from MEC to make all inspections the Buyer deems necessary including, but not limited to, zoning for intended use, drainage, ingress/egress, size of lot and building, environmental, hazardous waste, economics of intended use, acceptable financing, structural/mechanical, engineering studies or any other item Buyer deems necessary to inspect. 546 26. ATTACHMENTS. The following are a part of this Contract: 547 County Ownership Records 548 Note: The following disclosure forms are attached but are not a part of this Contract: 549 n/a 550 27. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith, including but not limited to 551 exercising the rights and obligations set forth in the provisions of Financing Conditions and Obligations (§ 5) and Property 552 Disclosure, Inspection, Indemnity, Insurability, Buyer Disclosure and Source of Water (§ 10). 553 28. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL. This Contract, its exhibits and specified addenda, constitute the 554 entire agreement between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or 555 written, have been merged and integrated into this Contract. No subsequent modification of any of the terms of this Contract shall be 556 valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. Any obligation in this Contract that, 557 by its terms, is intended to be performed after termination or Closing shall survive the same. 558 29. FORECLOSURE DISCLOSURE AND PROTECTION. Seller acknowledges that, to Seller's current actual knowledge, the 559 Property 0 IS ® IS NOT in foreclosure. Buyer ❑ Will ® Will Not occupy the Property as Buyer's personal residence for at 560 least one year. In the event this transaction is subject to the provisions of the Colorado Foreclosure Protection Act (the Act) 561 (i.e., generally the Act requires that the Property is residential, in foreclosure, and Buyer does not reside in it for at least one year), a 562 different contract that complies with the provisions of the Act is required, and this Contract shall be void and of no effect unless the 563 Foreclosure Property Addendum is executed by all parties concurrent with the signing of this Contract. Each party is further advised 564 to consult with their own attorney. 565 30. NOTICE, DELIVERY AND CHOICE OF LAW. 566 30.1. Physical Delivery. Except for the notice requesting mediation described in § 22, delivered after Closing, and except as 567 provided in § 30.2, all notices must be in writing. Any notice or document to Buyer shall be effective when physically received 568 by Buyer, any individual buyer, any representative of Buyer, or Brokerage Firm of Broker working with Buyer. Any notice or 569 document to Seller shall be effective when physically received by Seller, any individual seller, any representative of Seller, or 570 Brokerage Firm of Broker working with Seller. 571 30.2. Electronic Delivery. As an alternative to physical delivery, any document, including any signed document and any written 572 notice may be delivered in electronic form by the following indicated methods only: ® Facsimile ® E-mail 0 Internet 573 ❑ No Electronic Delivery. Documents with original signatures shall be provided upon request of any party. 574 30.3 Choice of Law. This Contract and all disputes arising hereunder shall be governed by and construed in accordance with 575 the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in this state for property 576 located in Colorado. 577 31. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal shall expire unless accepted in writing, by Buyer and Seller, 578 as evidenced by their signatures below, and the offering party receives notice of such acceptance pursuant to § 30 on or before 579 Acceptance Deadline Date (§ 2.3) and Acceptance Deadline Time (§ 2.3). If accepted, this document shall become a contract 580 between Seller and Buyer. A copy of this document may be executed by each party, separately, and when each party has executed a 581 copy thereof, such copies taken together shall be deemed to be a full and complete contract between the parties. 582 PREPARED BY: Ron Randel, CCIM, Broker CBS1-11-08, Contract to Buy and Sell Real Estate (All Types of Properties). Colorado Real Estate Commission ReaJFA$T© Software, ©2009, Version 6.16. Software Registered to: John D. Wheeler, Wheeler Management Group, Inc. Buyer(s) 4 06/08/09 16:31:57 Page 11 of 13 Seller(s) To Be Disclosed at Full Signature of this Contract 300 8th Avenue, Greeley, CO 80631 BUYER By: To Be Disclosed at Full Signature of this Contract 583 Email Address' ron@wheelermat.com 584 585 [NOTE: If this offer is being countered or rejected, do not sign this document. Refer to § 32] 586 Robert Stanley Company 6600 W 20th Street, Greeley, CO 80634 SELLER By: Robert Stanley Company 587 Email Address: n/a 588 589 32. COUNTER; REJECTION. This offer 590 591 592 593 594 33. BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. 595 (To be completed by Broker working with Buyer) 596 597 598 599 600 601 602 603 604 605 606 ® Other n/a Initials only of party (Buyer or Seller) who con Countered 0 Rejected. ered or rejected offer _ END OF CONTRACT TO BUY AND SELL REAL ESTATE DATE DATE Broker 0 Does ® Does Not acknowledge receipt of Earnest Money deposit specified in § 4 and, while not a party to the Contract, agrees to cooperate upon request with any mediation concluded under § 22. Broker agrees that if Earnest Money Holder is other than the Brokerage Finn identified in § 33 or § 34, 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 0 Buyer's Agent ® Seller' Agent 0 Transaction -Broker in this transaction. ❑ This is a Change of Status. Brokerage Finn's compensation or commission is to be paid by Listing Brokerage Firm 0 Buyer 607 Brokerage Finn's Name: Wheeler Management Group, Inc. 1130 38th Ave., Suite B Greeley, CO 80634 Phone: 970-352-5860, Fax: 970-352-0117 By: �. Signature Ron Randel, CCIM 608 Email Address: n/a 609 610 34. BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. Date PREPARED BY: Ron Randel, CCIM, Broker CBS1-11-08, Contract to Buy and Set Real Estate (All Types of Properties). Colorado Real Estate Commission RealFA$TOO Software, ©2009, Version 6.16. Software Registered to: John D. Wheeler, Wheeler Management Group, Inc. 06/08/09 16:31:57 Page 12 of 1 611 (To be completed by Broker working with Seller) 612 613 Broker El Does 0 Does Not acknowledge receipt of Earnest Money deposit specified in § 4 and, while not a party to the Contract 614 agrees to cooperate upon request with any mediation concluded under § 22. Broker agrees that if Earnest Money Holder is other 615 than the Brokerage Firm identified in § 33 or § 34, Closing Instructions signed by Buyer, Seller, and Earnest Money Holder must b 616 obtained on or before delivery of Earnest Money to Earnest Money Holder. 617 618 Broker is working with Seller as a ® Seller's Agent ❑ Buyer's Agent ❑ Transaction -Broker in this transaction. ❑ This is 619 Change of Status. 620 621 Brokerage Firm's compensation or commission is to be paid by 0 Seller ❑ Buyer 0 Other n/a 622 623 Date: June 08, 2009 624 Brokerage Firm's Name: ReMax Alliance 625 Broker's Name: Ron Koh 626 627 628 Address: 629 630 Phone No.: 631 Fax No.: 632 Email Address: 5586 W 19th Street, Suite 2000 Greeley, CO 80634 970-330-5000 Broker's Signature n/a ronkohl@remax.net PREPARED BY: Ron Randel, CCIM, Broker CBS1-11-08, Contract to Buy and Sell Real Estate (All Types of Properties). Colorado Real Estate Commission RealFA$T© Software, ©2009, Version 6.16. Software Registered to: John D. Wheeler, Wheeler Management Group, Inc. 06/08/09 16:31:57 Buyer(s) WP6 Page 13 a Seller(s) HERITAGE TITLE COMPANY 5586 West 19th Street #1000, Greeley, CO 80634 (970) 3304522 BUYERS/BORROWERS ESTIMATED CLOSING STATEMENT Escrow No: 110240859-084 MG Close Date: 07/16/2009 Buyer/Borrower: County of Weld, a body Corporate and Politic Seller(s): Robert Stanley Company, a Colorado Corporation Proration Date: 07/16/2009 Date Prepared: 07/13/2009 Property: 300 8th Avenue Greeley, CO 80631 Brief Legal: Lot(s) 2 - 4, Block 3, of City of Greeley Description TOTAL CONSIDERATION: Total Consideration Deposit/Earnest Money REAL ESTATE CLOSING CHARGES Escrow Fee to Heritage Title Company RECORDING FEES: Recording Fees E Recording Fee to Heritage Title Company PRORATIONS AND ADJUSTMENTS: County Taxes From 01/01/09 To 07/16/09 Based on the Annual amount of $4,735.42 Walco Lease From 07/16/09 To 08/01/09 Based on the Monthly amount of $1,251.25 Tower Lease From 07/16/09 To 08/01/09 Based on the Monthly amount of $104.00 TITLE CHARGES: Tax Certificate to Heritage Title Company Sub Totals Balance Due From Buyer/Borrower Totals Debit Credit $325,000.00 10,000.00 150.00 6.00 4.50 2,565.02 645.81 53.68 25.00 325,185.50 13,264.51 311,920.99 $325,185.50 $325,185.50 --Sales or use taxes on personal property not included. Heritage Title Company assumes no responsibility for the adjustment of special taxes or assessments unless they are shown on the Treasurer's Certificate of Taxes Due. The condition of title to the property is to be determined by reference to the tii vidence provided by seller or by personal investigation. The above statement of settlement is approved as of the settlement date shown above row Holder is hereby authorized to disburse as Trustee Funds as indicated -- C of Colorado, a body Corporate and Politic it am . Garcia, Chairman of the Board of County Commissioners JUL 1 5 2009 HERITAGE TITLE COMPANY Listing Agent- Re/Max Alliance Selling Agent - Wheeler Management Group, Inc. o2 PR 003/ 2OO9-/ 3qL eRecorded in Weld County, CO Doc Id: 3636972 07/16/2009 03:55 P Receipt#: 7422761 Page: 1 of 2 Total Fee: $11.00 Steve Moreno, Clerk and Recorder WARRANTY DEED This Deed, made July 16, 2009 Between Robert Stanley Company, a Colorado Corporation of the County Weld, State of COLORADO, grantor(s) and County of Weld, a body Corporate and Politic, whose legal address is P.O. Box 758, Greeley, CO 80632 County of Weld, and State of COLORADO, grantee. WITNESS, That the grantor, for and in the consideration of the sum of THREE HUNDRED TWENTY-FIVE THOUSAND AND 00/100 DOLLARS ($325,000.00 ) the receipt and sufficiency of which is hereby acknowledged, has grunted, bargained, sold and conveyed, and by these presents dues grant, bargain, sell, convey and confirm, unto the grantee, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld, State of COLORADO described as follows: See Exhibit A attached hereto and made a part hereof. RESERVING UNTO GRANTOR ANY AND ALL MINERAL RIGHTS. also known by street and number as 300 8th Avenue, Greeley, CO 80631 TOGETHER with all and singular hereditaments and appurtenances, thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind of nature so ever, except for taxes for the current year, a lien but not yet due and payable, and those specific Exceptions described by reference to recorded documents as reflected In the Title Documents accepted by Buyer in accordance with section Sa (Tine Review) of the contract dated June 8, 2009, between the parties. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof 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 has executed this on the date set forth above. SELLER: Rob B any, a Colorado Corporal ion Stanley, Authorized A STATE O' I ORADO COUNTYWELD ent )ss: The foregoing instrument was acknowledged, subscribed and sworn to before me. July 16, 2009 by Robert Arthur Stanley as Authorized Agent of Robert Stanley Company, a Colorado Corporation. Witness my hand and official seal. Notary Public My Commission expires: \ `)• ESCROW NO. 459-H0240859-084-MO4 HT@ WO -Warranty Decd eRecorded in Weld County, CO Doc Id: 3636972 07/16/2009 03:55 P Receipt#: 7422761 Page: 2 of 2 Total Fee: $11.00 Steve Moreno, Clerk and Recorder Exhibit A Parcel 1: All that part of Lot Three (3) lying South and West of the Colorado and Southern Railway Company (Great Western Lines, LLC) right of way, all of Lot Four (4), Block Three (3), Together with the South one-half of vacated Third Street adjoining the North end of said Lots Three (31 and Four (4), CITY OF GREELEY, County of Weld, State of Colorado Parcel 2: Those portions of Lots 2, 3 and 4, Block 3 of the plat of the Town of Greeley, Weld County , Colorado, according to the official recorded plat thereof, described as follows, to -wit: Beginning at the Northwest corner of said Block 3; Thence Gast along the North line of said Block 3 to the intersection with a line drawn concentric with and distant 15.0 feet Southwesterly, as measured radially from the Great Western Lines. LLC (formerly the Colorado and Southern Railway Company) main track centerline, as now located and constructed: Thence Southeasterly along said concentric line to the South line of said Lot 2; Thence West along said South line to the intersection with a line drawn concentric with and distant 50.0 feet Southwesterly, as measured radially from said main track centerline; Thence Northwesterly along the last described concentric line to the West line of said Lot 2; Thence North along said West line to apoinl 45.0 feet Southwesterly, as measured radially from said main track centerline; Thence Northwesterly along a line drawn concentric with and distant 45.0 feet Southwesterly, as measured radially from said main track centerline to the North line of said Lot 4: Thence East along the North line of said Block 3 to the Point of Beginning, County of Weld, State of Colorado. Parcel 3: All that part of Lot 2, Block 3, Town of Greeley, Weld County, Colorado lying South and West of a line 50.00 feet Southwesterly of and parallel to the centerline of the mainline of the Great Western Lines, LLC Railroad as currently constructed. County of Weld, State of Colorado. Recorded _Electronically ID 1>ltAJ (1 County Date 1-ic. c , Time slmpllfile.com 000.460.5657 WARRANTY DEED This Deed, made July 16, 2009 Between Robert Stanley Company, a Colorado Corporation of the County Weld, State of COLORADO, grantor(s) and County of Weld, a body Corporate and Politic, whose legal address is F.O. Box 758, Greeley, CO 80632 County of Weld, and State of COLORADO, grantee. WITNESS, That the grantor, for and in the consideration of the sum of THREE HUNDRED TWENTY-FIVE THOUSAND AND 00/100 DOLLARS (5325,000.00 ) the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld, State of COLORADO described as follows: See Exhibit A attached hereto and made a part hereof. RESERVING UNTO GRANTOR ANY AND ALI. MINERAL RIGHTS. also known by street and number as 300 8th Avenue, Greeley, CO 80631 TOGETHER with all and singular hereditaments and appurtenances, thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same arc free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind of nature so ever, except for taxes for the current year, a lien but not yet due and payable, and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with section 8a (Title Review) of the contract dated .lone 8, 2009, between the parties. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. 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 has executed this on the date set forth above. SELLER: Rut 13':2 STATED' S ORADO COUNTY • WELD Colorado (.orporatiou } ss: The foregoing instrument was acknowledged, subscribed and swom to before me July 16, 2009 by Robert Arthur Stanley as Authorized Agent of Robert Stanley Company. a Colorado Corporation. Witness my hand and official seal. My Commission Expires: WD -Warranty Deed Notary Public My Commission expires: `C,,. ESCROW NO. 459-110240859 084- 1C4 HT@ Exhibit A Parcel 1: All that part of Lot Three (3) lying South and West of the Colorado and Southern Railway Company (Great Western Lines, I.I.C) right of way. all of l..ot Four (4), Block Three (3), Together with the South one-half of vacated Third Street adjoining the North end of said Lots "I1wee (3) and Four (4), CITY OF GREEI.F.Y, County of Weld. State of Colorado Parcel 2: Those portions of Lots 2, 3 and 4, Block 3 of the plat of the Town of Greeley, Weld County , Colorado. according to the official recorded plat thereof, described as follows, to -wit: Beginning at the Northwest corner of said Block 3; Thence East along the North line of said Block 3 to the intersection with a line drawn concentric with and distant I5.0 feet Southwesterly, as measured radially from the Great Western Lines, LI.C (formerly the Colorado and Southern Railway Company) main track centerline, as now located and constructed; Thence Southeasterly along said concentric line to the South line of said Lot 2; Thence West along said South line to the intersection with a line drawn concentric with and distant 50.0 feet Southwesterly, as measured radially from said main track centerline; Thence Northwesterly along the last described concentric line to the West line of said Lot 2; Thence North along said West line to a point 45.0 feet Southwesterly. as measured radially from said main track centerline; Thence Northwesterly along a line drawn concentric with and distant 45.0 feet Southwesterly, as measured radially from said main track centerline to the North line of said Lot 4; Thence East along the North line of said Block 3 to the Point of Beginning, County of Weld, State of Colorado. Parcel 3: All that part of Lot 2, Block 3, Town of Greeley. Weld County, Colorado lying South and West of a line 50.00 feet Southwesterly of and parallel to the centerline of the mainline of the Great Western Lines, LLC Railroad as currently constructed, County of Weld. State of Colorado. REAL PROPERTY TRANSFER DECLARATION (TD -1000) GENERAL INFORMATION Purpose: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. Refer to 39-14-102(4), Colorado Revised Statutes (C.R.S.). Requirements: All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor (seller) or grantee (buyer). Refer to 39-14-102(1)(a), C.R.S. Penalty for Noncompliance: Whenever a Real Property Transfer Declaration does not accompany the deed, the clerk and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration be returned within thirty days after the notice is mailed. If the completed Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice, the assessor may impose a penalty of $25.00 or .025% (.00025) of the sale price, whichever is greater. This penalty may be imposed for any subsequent year that the buyer fails to submit the declaration until the property is sold. Refer to 39-14-102(1)(b), C.R.S. Confidentiality: The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer. However, it is only available to the seller if the seller filed the declaration. Information derived from the Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law. Refer to 39-5-121.5, C.R.S and 39-13-102(5)(c), C.R.S. 1. Address or legal description of real property: Please do not use P.O. Box numbers. 300 8th Avenue, Greeley, CO 80631 Let(s) 2 - 4, Block 3. of City of Greeley 2. Type of property purch d: O Single Family Residential O Townhome O Condominium O Multi -Unit Res Commercial O Industrial O Agricultural O Mixed Use O Vacant Land O Other 3. Date of Closing: Julv 16, 2009 Month Day Year Date of Contract if Different than date of closing: June 8. 2009 Month Day Year 4. Total sale price: Including all real and personal property. $325.000.00 5. Was any personal property included in the transaction? Personal property would include, but is not limited to, carpeting, drapes, free standing appliances, equipment, inventory, furniture. If the personal property is not listed, the entire purchase price will be assumed to be for the real property as per 39-13-102, C.R.S. O Yes O No If yes ,approximate value $ Describe 6. Did the total sale price include a trade or exchange of additional real or personal property? If yes, give the approximate va e of the goods or services as of the date of closing. ❑ Yes ❑' No If yes, value $ If yes, does this transaction involve a trade under IRS Code Section 1031? ❑ Yes O No 7. Was 100% in est in the real property purchased? Mark "no" if only a partial interest is being purchased. ❑ Yes Q No If no, interest purchased 8. Is this a transaction among related parties? Indicate whether the buyer or seller are related. Related parties in de persons within the same family, business affiliates, or affiliated corporations. Yes O No 9. Check any of the following that apply to the condition of the improvements at the time of purchase. O New O Excellent Q Good O Average O Fair O Poor O Salvage. Escrow No. 459 -H0240859 -084 -Melinda Gualandri If the property is financed, please complete the following. 10. Total amount financed: $ 11. Type of financing: (Check all that apply) ❑ New ❑ Assumed ❑ Seller ❑ Third Party ❑ Combination; Explain 12. Terms ❑ Variable; Starting interest rate ❑ Fixed; Interest rate Length of time years Balloon payment 0 Yes ❑ No If yes, amount $ Due date 13. Mark any that apply: ❑Seller assisted down payments, 0 Seller concessions, Special terms or financing. If marked, please specify: For properties other than residential (Residential is defined as: single family detached, town homes, apartments and condominiums) please complete questions 14-16 if applicable. Otherwise, skip to #17 to complete. 14. Did the purchase price include a franchise or license fee? 0 Yes 0 No If yes, franchise or license fee value $ 15. Did the purchase price involve an installment land contract? 0 Yes 0 No If yes, date of contract 16. If this was a vacant land sale, was an on -site inspection of the property conducted by the buyer prior to the closing? 0 Yes 0 No Remarks: Please include any additional information concerning the sale you may feel is important. 17. Signed this July lb. 2009. Enter the day, month, and year, have at least one of the parties to the transaction sign the document, and include an address and a daytime phone number. Please designate buyer or seller. BUYER: County of Weld, Sts P Iin�7 c )lorado, a bode Corporate and yGiTliam`I�Garcia. Chairman of the .Board ci County Commissioners Signature of Grantee (Buyer) IZI 18. All Future correspondence (tax bills, property valuations, etc.) regarding this property should be mailed to : Address (mailing) Daytime Phone City, State and Zip Code Escrow No. 459-I1U24t1859-084-Melinda Gualandri RPTRNSFR-Real Property Transfer Declaration Hello