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Home My WebLink About20091826.tiffCOLORADO CLERK TO THE BOARD PHONE (970) 336-7215, Ext. 4226 FAX: (970) 352-0242 P. O. BOX 758 GREELEY, COLORADO 80632 August 10, 2009 CRVI H-AZCO LLC 301 CONGRESS AVENUE STE 500 AUSTIN, TX 78701 RE: THE BOARD OF EQUALIZATION, 2009, WELD COUNTY, COLORADO - DENY PETITIONER'S APPEAL AND AFFIRM ASSESSOR'S VALUE DESCRIPTION OF PROPERTY: VARIOUS (SEE LIST) Dear Petitioner: On August 5, 2009, the Board of County Commissioners of Weld County, Colorado, convened, and acting as the Board of Equalization, pursuant to Section 39-8-101, C.R.S., et.seq., considered your petition of appeal of the County Assessor's valuation of your property described above, for the year 2009. The Board of Equalization found that the evidence presented at the hearing clearly supported the value placed upon your above described property by the County Assessor. Such evidence indicated the value was reasonable, equitable, and derived according to the methodologies, percentages, figures and formulas dictated to the Weld County Assessor by law. The assessment and valuation of the Weld County Assessor was affirmed as follows: ACTUAL VALUE AS DETERMINED BY ASSESSOR ACTUAL VALUE AS SET BY BOARD $49,398 $49,398 2009-1826 AS0073 CRVI H-AZCO LLC - VARIOUS (SEE LIST) Page 2 A denial of a petition, in whole or in part, by the Board of Equalization may be appealed by selecting one of the following three options; however, said appeal must be filed within 30 days of the denial: 1. Board of Assessment Appeals: You have the right to appeal the County Board of Equalization's (CBOE's) decision to the Board of Assessment Appeals (BAA). Such hearing is the final hearing at which testimony, exhibits, or any other evidence may be introduced. If the decision of the BAA is further appealed to the Court of Appeals only the record created at the BAA hearing shall be the basis for the Court's decision. No new evidence can be introduced at the Court of Appeals. (Section 39-8-108(10), C.R.S.) Appeals to the BAA must be made on forms furnished by the BAA, and such appeals should be mailed or delivered within thirty (30) days of denial by the CBOE to: Board of Assessment Appeals 1313 Sherman Street, Room 315 Denver, CO 80203 Phone: 303-866-5880 Fees: A taxpayer representing himself is not charged for the first two appeals to the Board of Assessment Appeals; however, a taxpayer being represented by an agent or an attorney must submit a fee of $101.25 per appeal. OR 2. District Court: You have the right to appeal the CBOE's decision to the District Court of the county wherein your property is located. New testimony, exhibits or any other evidence may be introduced at the District Court hearing. For filing requirements, please contact your attorney or the Clerk of the District Court. Further appeal of the District Court's decision is made to the Court of Appeals for a review of the record. (Section 39-8-108(1), C.R.S.) OR 3. Binding Arbitration: You have the right to submit your case to arbitration. If you choose this option the arbitrator's decision is final and your right to appeal your current valuation ends. (Section 39-8-108.5, C.R.S.) Selecting the Arbitrator: In order to pursue arbitration, you must notify the OBOE of your intent. You and the OBOE select an arbitrator from the official list of qualified people. If you cannot agree on an arbitrator, the District Court of the county in which the property is located will make the selection. Arbitration Hearing Procedure: Arbitration hearings are held within sixty days from the date the arbitrator is selected. Both you and the CBOE are entitled to participate. The hearings are informal. The arbitrator has the authority to issue subpoenas for witnesses, books, records, documents and other evidence. He also has the power to administer oaths, and all questions of law and fact shall be determined by him. 2009-1826 AS0073 CRVI H-AZCO LLC - VARIOUS (SEE LIST) Page 3 The arbitration hearing may be confidential and closed to the public, upon mutual agreement. The arbitrator's written decision must be delivered to both parties personally or by registered mail within ten (10) days of the hearing. Such decision is final and not subject to review. Fees and Expenses: The arbitrator's fees and expenses are agreed upon by you and the CBOE. In the case of residential real property, such fees and expenses cannot exceed $150.00 per case. The arbitrator's fees and expenses, not including counsel fees, are to be paid as provided in the decision. If you have questions or need additional information, please do not hesitate to contact me at (970) 336-7215, Extension 4226. Very truly yours, Esther E. Gesick Deputy Clerk to the Board cc: Christopher Woodruff, Assessor DUFF AND PHELPS 950 17TH ST STE 2000 DENVER, CO 80202 DESCRIPTION DESCRIPTION DESCRIPTION DESCRIPTION DESCRIPTION DESCRIPTION DESCRIPTION DESCRIPTION OF PROPERTY: ACCOUNT #: R3615905 PARCEL #: 131323304001 - FRE RHS L1 BLK3 RASPBERRY HILL SUBDIVISION SITUS: FREDERICK 80530 O ACCOUNT #: R3616005 PARCEL #: 131323304002 - FRE RI -IS L2 BLK3 RASPBERRY HILL SUBDIVISION SITUS: FREDERICK 80530 O ACCOUNT #: R3616105 PARCEL #: 131323304003 - FRE RHS L3 BLK3 RASPBERRY HILL SUBDIVISION SITUS: FREDERICK 80530 O ACCOUNT #: R3616205 PARCEL #: 131323304004 - FRE RHS L4 BLK3 RASPBERRY HILL SUBDIVISION SITUS: FREDERICK 80530 O ACCOUNT #: R3616305 PARCEL #: 131323304005 - FRE RHS L5 BLK3 RASPBERRY HILL SUBDIVISION SITUS: FREDERICK 80530 OF PROPERTY: ACCOUNT #: R3616405 PARCEL #: 131323304006 - FRE RHS L6 BLK3 RASPBERRY HILL SUBDIVISION SITUS: 000000000 OF PROPERTY: ACCOUNT #: R3617605 PARCEL #: 131323304018 - FRE RHS L18 BLK3 RASPBERRY HILL SUBDIVISION SITUS: FREDERICK 80530 OF PROPERTY: ACCOUNT #: R3617705 PARCEL #: 131323304019 - FRE RHS L19 BLK3 RASPBERRY HILL SUBDIVISION SITUS: FREDERICK 80530 F PROPERTY: F PROPERTY: F PROPERTY: F PROPERTY: 2009-1826 AS0073 CRVI H-AZCO LLC - VARIOUS (SEE LIST) Page 4 DESCRIPTION DESCRIPTION DESCRIPTION DESCRIPTION DESCRIPTION DESCRIPTION DESCRIPTION DESCRIPTION DESCRIPTION DESCRIPTION DESCRIPTION DESCRIPTION DESCRIPTION DESCRIPTION DESCRIPTION DESCRIPTION OF PROPERTY: ACCOUNT #: R3617805 PARCEL #: 131323304020 - FRE RHS L20 BLK3 RASPBERRY HILL SUBDIVISION SITUS: FREDERICK 80530 OF PROPERTY: ACCOUNT #: R3617905 PARCEL #: 131323304021 - FRE RHS L21 BLK3 RASPBERRY HILL SUBDIVISION SITUS: FREDERICK 80530 OF PROPERTY: ACCOUNT #: R3618005 PARCEL #: 131323304022 - FRE RHS L22 BLK3 RASPBERRY HILL SUBDIVISION SITUS: FREDERICK 80530 OF PROPERTY: ACCOUNT #: R3618405 PARCEL #: 131323305001 - FRE RHS L1 BLK4 RASPBERRY HILL SUBDIVISION SITUS: FREDERICK 80530 OF PROPERTY: ACCOUNT #: R3618505 PARCEL #: 131323305002 - FRE RHS L2 BLK4 RASPBERRY HILL SUBDIVISION SITUS: FREDERICK 80530 OF PROPERTY: ACCOUNT #: R3618605 PARCEL #: 131323305003 - FRE RHS L3 BLK4 RASPBERRY HILL SUBDIVISION SITUS: FREDERICK 80530 OF PROPERTY: ACCOUNT #: R3618705 PARCEL #: 131323305004 - FRE RHS L4 BLK4 RASPBERRY HILL SUBDIVISION SITUS: FREDERICK 80530 OF PROPERTY: ACCOUNT #: R3618805 PARCEL #: 131323305005 - FRE RHS L5 BLK4 RASPBERRY HILL SUBDIVISION SITUS: FREDERICK 80530 OF PROPERTY: ACCOUNT #: R3618905 PARCEL #: 131323305006 - FRE RHS L6 BLK4 RASPBERRY HILL SUBDIVISION SITUS: FREDERICK 80530 OF PROPERTY: ACCOUNT #: R3619005 PARCEL #: 131323305007 - FRE RHS L7 BLK4 RASPBERRY HILL SUBDIVISION SITUS: FREDERICK 80530 OF PROPERTY: ACCOUNT #: R3619105 PARCEL #: 131323305008 - FRE RHS L8 BLK4 RASPBERRY HILL SUBDIVISION SITUS: FREDERICK 80530 OF PROPERTY: ACCOUNT #: R3622105 PARCEL #: 131323308001 - FRE RHS L1 BLK7 RASPBERRY HILL SUBDIVISION SITUS: FREDERICK 80530 OF PROPERTY: ACCOUNT #: R3622205 PARCEL #: 131323308002 - FRE RHS L2 BLK7 RASPBERRY HILL SUBDIVISION SITUS: FREDERICK 80530 OF PROPERTY: ACCOUNT #: R3622405 PARCEL #: 131323308004 - FRE RHS L4 BLK7 RASPBERRY HILL SUBDIVISION SITUS: FREDERICK 80530 OF PROPERTY: ACCOUNT #: R3622505 PARCEL #: 131323308005 - FRE RHS L5 BLK7 RASPBERRY HILL SUBDIVISION SITUS: FREDERICK 80530 OF PROPERTY: ACCOUNT #: R3622605 PARCEL #: 131323308006 - FRE RHS L6 BLK7 RASPBERRY HILL SUBDIVISION SITUS: FREDERICK 80530 2009-1826 AS0073 Weld County CHRISTOPHER M. WOODRUFF COUNTY AssESSOR BRENDA DONES, DEPUTY ASSESSOR VALUATION REPORT OF VACANT LAND FOR County Board of Equalization CRVI H-AZCO LLC PETITIONER VS. WELD COUNTY ASSESSOR'S OFFICE RESPONDENT Subdivision: Raspberry Hill Schedule Number: See Following List Log Number: 2522 Date: 8/5/2009 Time: 01:30 PM Board: Board #1 PREPARED BY DUANE M. ROBSON Signature Date ASSESSOR'S OFFICE STAFF APPRAISER ASSESSOR'S VALUE Market Value Per Lot Market Present Worth Value Per Lot $60,000 $49,398 Total: $49,398 CBOE_VecLand_010998 Page 1 a06y-igQ6 Account Numbers R3622305 R3615905 R3616005 R3616105 R3616205 R3616305 R3616405 R3617605 R3617705 R3617805 R3617905 R3618005 R3618405 R3618505 R3618605 R3618705 R3618805 R3618905 R3619005 R3619105 R3622105 R3622205 R3622405 R3622505 R3622605 CBOE_VacLand_010998 Page 2 The Subdivision is known as Raspberry Hill. It is located in the southwest area of the county in the Town of Frederick, one mile east of 1-25 and three miles south of Hwy 119. There are 100 buildable lots in this phase, with 59 of those lots having improvements and subsequently, sold to final users. There are currently 41 remaining lots, of which 25 are being appealed today. All the lots are fully developed, having streets, curbs, and gutters, along with sewer and water, and all dry utilities in place, as well as being Covenant controlled. The lots range in size from 7,000 to 9,000 square feet. LAND VALUE Sales utilized to establish the 2009 value in the subject neighborhood must be from the period of one and one-half years immediately prior to July 1, 2008. A period of 5 years immediately prior to July 1, 2008 shall be utilized to determine the level of value if adequate data is not available from such one and one-half year period to adequately determine the level of value for a class of property. The Weld County Assessor has an established ongoing Sales Confirmation and Validation Program for property transactions used in developing value. It is necessary to analyze the size and shape of comparable sold properties to apply uniform methods of valuation. The units of comparison used to value land in Weld County are square feet, acres, units or buildable sites. The subject property is valued on a buildable site method. Three vacant land sales were found in the area. Acct N RecptN Parcel N Sale Date R0743001 3462683 131313428005 3/9/2007 R2403903 3481045 131313306011 5/23/2007 122404003 13492630 i 131313306012 7/16/2007 Tm Adj Sak LEA $62,000.00 :4E0631 $57,300.00 1 4E0636 $67,500.00 ' 4E0636 Gross Acres Gross SF Subdivision 0.20 8,719.00 � No Name Creek 018 7,964.00 _ Johnson Farms 0.17 t 7,500.00j Johnson Farms Comparable lot sales were found in No Name Creek and Johnson Farms subdivisions. BOTH OF THESE SUBDIVISIONS ARE COMPARABLE TO RASPBERRY HILL, FEATURING SIMILAR SIZED LOTS AND EQUIVILENT UTILITIES, ALONG WITH THE SAME STYLE AND SIZE OF HOMES. THE LOT VALUES OF THE COMPARABLE SUBDIVISIONS ARE EACH VALUED AT $60,000 PER LOT. BOTH OF THESE SUBDIVISIONS ARE LOCATED APPROXIMETALY ONE MILE FROM THE SUBJECT PROPERTY. CBOE_VacLand_010998 Page 3 MARKET APPROACH SUMMARY Real property for the tax year 2009 must be valued utilizing the level of value for the period of one and one-half years immediately prior to July 1, 2008. A period of five years immediately prior to July 1, 2008 shall be utilized to determine the level of value if adequate data is not available from such one and one-half year period to adequately determine the level of value for a class of property. Said level of value shall be adjusted to the final day of the data -gathering period. Changes occurring between base years are not to be accounted for until the following level of value is implemented, other than additions, change in use, detrimental acts of nature, damage due to fire, etc., creation of a condominium, new regulations restricting or increasing the use of the land, or a combination thereof {39-1-104(11)(b)(I), CRS}. The subject property has been classified as Residential Vacant Land for assessment purposes. Residential property value shall be determined by appropriate consideration of the Market Approach to Value {39-1-103(5)(a), CRS}. The Assessor has considered the Market Approach to Value for the subject parcel. ASSESSOR'S VALUE Market Value Per Lot Market Present Worth Value Per Lot $60,000 $49,398 Total: $49,398 The lots are discounted to account for the developers cost of development and the placing of site improvements. The purpose is to assist a developer by relieving some of the burden of carrying the up -front costs expended in preparing the property for development. The anticipated market absorption rate recognizes the time value of a developer's investment by treating the value of individual subdivision lots like payments in an anticipated future annuity stream. Basically, the market absorption rate discounts the value of the development to the amount that a purchaser of the development would be willing to pay for the entire development on the assessment date. The market value of an individual lot is $60,000. The discount rate used was 14%, the maximum allowed by the state. Of the 100 total lots in this phase, 36 lots sold during our 18 month base period. This equates to an absorption rate of 24 lots per year, and a two year sell-out for the remaining 41 unsold lots. The present worth factor applied to these lots calculates to 82.33% of full market value. CBOE_VacLand_010998 Page 4 PRESENT WORTH The "anticipated market absorption rate" otherwise known as "the present worth method" is a method which adjusts the value of property to account for the developer's cost of development and the placing of site improvements. Its purpose is to assist a developer by relieving some of the burden of carrying the up -front costs expended in preparing the property for development and retail sale. The anticipated market absorption rate recognizes the time value of a developer's investment by treating the value of individual subdivision lots like payments in an anticipated future annuity stream. Instead of valuing a multiple -lot subdivision development as the sum of the values of the individual lots, the anticipated market absorption rate discounts the value of the development to the amount that a purchaser of the development would be willing to pay for the entire development on the assessment date. The value derived is the present value of the future income stream represented by the anticipated future sales of the individual lots. This adjustment of value is important because; in valuing property the sum of the parts can be, and often is, greater than the whole. "The market value of a large parcel does not necessarily equal the sum of the market value of the parts into which that parcel may be divided or subdivided because smaller parcels may be more readily marketable." Offsetting the marketability of smaller parcels of a property is the fact that selling a large number of lots takes time. First, the assessor must determine a "marketing area," that is a group of properties used for marketing or sales of platted land by a sub -divider or developer, not necessarily limited to platted subdivisions, filings, blocks, or other defined legal descriptions. After a marketing area is determined, an assessor must determine an adjusted selling price for each individual lot. Collecting comparable sales and adjusting them according to time and location does this. Third, an assessor must determine the absorption period, by dividing the number of tracts remaining in the marketing area by the rate at which the tracts historically have sold. Finally, the assessor must discount the adjusted selling price to present value. The assessor must choose an appropriate discount rate and determine the appropriate discounting factor. This factor is the present value of an annuity of one dollar per period over the absorption period. This is done by dividing the adjusted selling price of each lot by the absorption period, and then multiplying this quotient by the discounting factor.' 'Board of Assessment Appeals for the State of Colorado vs. American Capital Fidelity Corporation CBOE_VacLand_010998 Page 5 Ds. RealWare a X File Regoets LEA LEA 4(0655 J escription (RASPBERRY HILL Test Yea 12010 LEA Present Worth I Land Attributes LEA lDescrptron -) 4E 0633 4E0634 4E0635 4E0636 4E 0637 4E0638 4E0639 4E0640 4E0641 4E0642 4E 0643 4E0644 4E 0645 4E0646 4E0647 4E 0648 4E0649 4E0650 4E0651 4E0652 4(0653 4E0654 ICi.!,s f; _'EF;F; ' LL mid RIDGE ESTATE FOX RUN SUB FOX RUN SUB 2ND JOHNSON FARM/JO JOHNSON FARM PH EVEZCH MINOR SU NONAME CREEK WT COUNTRY MEADOW DOERING/MODRALI ANGEL VIEW ESTAT COALRIDGE ESTATE SAVANNAH SUB Lai SAVANNAH SUB PH SAVANNAH SUB PH-� SAVANNAH PH I CO' SAVANNAH PH II CO SAVANNAH PH III CC COUNTRYSIDE SUB COUNTRYSIDE SUB MARE RIDGE II SUE JOHNSON FARM PH SAVANNAH RPLT A RAC MC PRY tall Ipri Ytew Detail I Site $ Unit $ SF S Acre S IF S Land Valuation Model Base Rate Bate Size Min $ Pet Ma $ Pet Intercept Exponent I Exponent 2 Far -60.00(1.00 $000 Mow' 0001 N/A N/A N/A N/A WA 00000 0000000 N/A N/A 0.0000 0.000000 NIA 0.0000 $000 1-1117C0 1.00001 1.0000001 0.000000 x0000 $000 L0.00 1.0000 1.000000 0.0000 $0 00 50 UO 10000 1000000 0.0000 5500.00 I 0.001 000 FF Bate Depth Cost x Pax 1 0000 O.8Y3 Neighborhoods I 0 I 0 Mobie Home I 0 Duplex I T,1 Town House I 0 Aez desnI Cnmmercidl Multi Ural Condo Desrabity Tap Fee Comments 0.00 50.00 2006-VLE•added market site vdue. acre value caked MPN. Moved 100 lots to new LEA fa undeveloped auction 2007 estabished MPW and caked 2008•No change Dm 2009 -Charged site to $60,000 and caked MPW Dm 2009 protest denied VLG Close the current form PLUM w RealWare Ede Regrets LEA LIP t a LEA 4E0655 Description (RASPBERRY HILL T ax Year 12010 LEA Present Wath Interest Market Adjustments: Markel Vakm 1. FnarrangAdjusrment 2 Time Adjustment 3 Property Characteristics 4 Adjusteed Sales Price 'ASP Determine Unadusted Selling Price: 5 Unadjusted Sang Price (UASP) 6 Development Costs a Soft/Indsect b. Nard/Dtect 7 UASP Less Development Costs Calculation of Absorption Retied 8 Total Parcels Sold a. Elected Data Collection Period b. Absap6m Pet Month c. Calendar Yea Months d. Absorption Per Yea 9 Remaining Unsold Parcels Absap6on Per Year (Step 8d) b. Absorption Period Remaining (Sss) 10. Adjusted Sales Puce (ASP( a Absorption Period Retnar ng (yrs) b. Adjusted Sales Price Per Yr c. Presort Worth of One Per Period Iti (`l It! (=1 Lard Attributes I Yew Detail I 11E11 Sb0 (PO fin W 00 $0 CO $0 w $60.000 00 $60,000 00 ('I $000 II $000 (=I $60.00000 Total Las I 100 Ul 36 I-) 18 I)4l 2 (-I 12 24 41 24 $60.00000 2 *30.00000 1 64666 Percent Unsold Pw x I 04100 0.8233 Actual Value $49,399.80 Present worth nitres, rate. NUM C BOE_VacLand_010998 Page 6 Raspberry Hill Subdivision CBOE_VacLand_010998 Page 7 CO' C.) o otta' oa 1I c m J U of WI O CO 0 ITT ..: 6, r arsearAP 11 I I l l i l 7 I. , 4 • I. 4 i 4 r_ : : 1 . : . • lr .1 as ( r ,� IA r ^ _r O / I _If_C) - a • _ A0 ' Tr -1 iii r. ,if ' l fit r+ �r { a 1 I I�I1111��k.II (111.111°-1 I I i'�� r �. I ' - -Y 1 rte'' .•• ' , `-,- Ii 111 ,; ,tom" ! 1� '-T�---.` � ! Ixg' \ .1, AC:. 'r ` _ a 1 tits 1 1! 1 o — i mot' —ice t -rill; s . itc, I, -*4 N. IIIIIIIIIIS- r•;et .1 Ils• alb. •, _ . r••• ��rr�; , II 4.1_ ` _ sal r • -.__. ae 11 • I I I I— !— 14. i I I p I I I ■ I e I, r' ' �_g s al 4b '. it I I !, 1 g I I I VAIli\ 1:, di. 11 - 0 v ■ ��_ ill i;�r r,'__ Um, - so it/ c r, :ip .• il,r,lla 'Y.•lam r. —1- N * i Cel��= . • i��1(f19 ".Fj An j -fl i �►. I . t' lilt • 1 a 7/•"--••!...\1 de Ial I .............. 11 �� _ _ % .,• 4 P (au) REAL AND PERSONAL PROPERTY; NOTICE OF DETERMINATION Christopher M. Woodruff WELD Assessor 1400 N17th Ave GREELEY, CO 80631 Date of Notice: 6/24/2009 Telephone: (970) 353-3845 Fax: (970) 304.6433` OffMCe'HoUrs: 8:00 AM'- 5'00 PM 2009 1459 R3615905 CRVI KAZOO LLC 301 CONGRESS AVENUE -STE 500 AUSTIN, TX 78701 FRE RHS L1 BLK3 RASPBERRY HILL SUBDIVISION SITUS: FREDERICK 80530 FREDERICK, CO, 80530'- $49,398 ,. '�f4�,918" 49,390...- The Assessor has carefully studied all available information, giving particular attention tb the specifiotincluded 'on ,your protest..: The Assessor's, determination; of value after review is based on the following: LNf6 - The discount procedure for your subdivision has been checked and it is correct based on instructions probiis edt y the sfatqdivision of property taxation. If you disagree with the Assessor's decision, you have the right. to appeal to the County Board of•EgUalizatiodfor further consideration, §'39-.106(1)(a), C.R.S. The deadline for filing real property appeals cis July 15. ,4 The deadline for filing personalpropertyappeals is July 20. The Assessor establishes property values. The local taxing authorities (county, school district, city, fire protection, and other special districts) set mill levies. The mill levy requested by each taxing authority is based on a projected budget and the property tax revenue required to adequately fund the services it provides to its taxppayers. The local taxing authorities hold budget hearings in the fall. If you are concerned about mill levies, we recommend that you attend -these budget hearings. Please refer to last year's tax bill or ask your Assessor for a listing of thelocal taxing authorities. Please refer to the reverse side of thishotice for additional•infornation: DUFF & PHELPS 95017 STREET SUITE 2000 DENVER CO 80202 2009-1826 County Board of Equalization Hearings will be held from July 1 through August 5 at 915101h Street, Greeley, CO To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below, and mail or deliver a copy of both sides of this form to: WELD COUNTY BOARD OF EQUALIZATION 91510TH Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970) 356-4000 Ext, 4225 To preserve your appeal rights, your Petition to the County Board of Equalization must be postmarked or delivered on or before July 15 for real property and on or before July 20 for personal property — after such date, your right to appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with proof of mailing. You will be notified of the date and time scheduled for your hearing. The County Board of Equalization must mail a written decision to you within five business days following the date of the decision. The County Board of Equalization must conclude hearings and render decisions by August 5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of Equalization and you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by September 11. If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of the following: Board of Assessment Agoeals District Court 1313 Sherman Street, Room 315 910 Avenue and a Street, P.O. Box C Denver, CO 80203 Greeley, Colorado 80632 (303) 866-5880 Telephone (970) 356-4000 Ext. 4520 www.dola.colorado.00v/baa Binding Arbitration For a list of arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day, § 39-1-120(3), C.R.S. What Is your estimate of the property's value as of June 30, 2008? (Your opinion of value in terms of a specific dollar amount is required for real property pursuant to § 39-8-106(1.5), C.R.S.) $ /2,Sce What is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original installed cost, appraisal, etc.) I, the undersigned owner or agent of the property identified above, affirm that the statements contain ecJ herand on any attachments hereto are true and complete. 7-13-07 Signature Telephone Number Attach letter of authorization signed by property owner. Date 15 -OPT -AR PR 207-08/06 NO0 t 5896 Christopher M. Woodruff WELD Assessor 1400 N 17th AVe GREELEY, CO 80631 GRVI H-AZCO, tic , , ,. '"301 CONGRESS AVENUE STE 500 AUSTIN, TX 78701 REAL AND PERSONAL PROPERTY NOTICE OP ©EtEFtMINATION Date of Notice: 6/24/2009 Telephone: (970) 353-3845 Fax: (970) 3046433 -'' Office Hbuit 8:00 AM 5:bo" PM FRE'RHS L2 BLK3 RASPBERRY HILL SUBDIVISION;SITUS. FREDERICK 80530 FREDERICK, CO 80530 The Assessor has carefully studied all available information, giving particular attention to the specifics included on your protest. The Assessor's determination; of value afterreview is based on the following: LN16 - The discount procedure for your subdivision has been Checked and it is coned based on instructions, published by the state division of propett*.faxation. If you disagree with thesAssessor's.decision, you have,the right to appeal to the County Board of Equalization forfurther consideration, § 39-8-106(1)(a), C.RS. ;} The deadline for filing real property, appeals is,July,15. The deadline for filing personal property appeals is July 20, The Assessor establishes property values. The local taxing authorities (county, school district, city, fire protection, and other special districts) set mill levies. The mill levy requested by each taxing authority is based on a projected budget and the property tax revenue required to adequately fund the services it provides to its taxpayers. The local taxing authorities hold budget hearings in the fall If you are concerned about mill levies, we recommend that you attend these budget hearings. Please refer to last -year's tax bill or ask your Assessor for a listing of the local taxing buthorities. Please reel -10 the reverse Side of this notice for additiOnal inforrestion. , DUFF & PHELPS 95017 STREET SUITE 2000 DENVER CO 80202 16nPnN1 PR 207.0609 NOD M: 5697 County Board of Equalization Hearings will be held from July 1 through August 5 at 915 10"' Street, Greeley, CO To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below, and mail or deliver a copy of both sides of this form to: WELD COUNTY BOARD OF EQUALIZATION 915 10TH Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970) 356-4000 Ext, 4225 To preserve your appeal rights, your Petition to the County Board of Equalization must be postmarked or delivered on or before July 15 for real property and on or before July 20 for personal property — after such date, your right to appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with proof of mailing. You will be notified of the date and time scheduled for your hearing. The County Board of Equalization must mail a written decision to you within five business days following the date of the decision. The County Board of Equalization must conclude hearings and render decisions by August 5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of Equalization and you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by September 11. If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of the following: Board of Assessment Appeals District Court 1313 Sherman Street, Room 315 9`" Avenue and 9th Street, P.O. Box C Denver, CO 80203 Greeley, Colorado 80632 (303) 866-5880 Telephone (970) 356-4000 Ext. 4520 www.dola.colorado.00v/baa Binding Arbitration For a list of arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. If the date for filing any report schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely fled if filed on the next business day, § 39-1-120(3), C.R.S. What is your estimate of the property's value as of June 30, 2008? (Your opinion of value in terms of a specific dollar amount is required $ for re property pursuant to § 39-8-106(1.5), C.R.S.) What is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original installed cost, appraisal, etc.) I, the undersigned owner or agentof the property identified above, affirm that the statements intairyrd rein and on any attachments hereto are true and complete. -07 Signature Telephone Number Date ' Attach letter of authorization signed by property owner. 15 -OPT -AR PR 207-08/08 NCO M: 5897 REAL ANDPERSQNAL PROPERTY NOTICE OP DETERMINATION DUFF & PHELPS 950 17 STREET SUITE 2000 DENVER CO 80202 Christopher M. Woodruff WELD Assessor 1400' N 17th Ave GREELEY, CO 80631 2009 1459 Date of Notice: 6/24/2009 Telephone: (970) 353-3845 Fax: (970) 30416433 Office Iburs: 5:00 AM'= 5:00 PM` R3016105 CRVI H-AZGO LLC `301' CONGRESS AVENUE STE'600 AUSTIN, TX 78701 FRE RHS L3 BLK3 RASPBERRY HILL SUBDIVISIONSSI;TU& FREDERICK: 80590 FREDERICK, COQ- 80530''... . S49,398 49,398 The Assessor has carefully studied all available information, giving particular attention to the specifics included on your protest The Assessor's determination of value after review Is based on the following:,' LN16 - The discount procedure for your subdivision has been checked and it is correct' based' on instructions published bythe state division of property taxation. If you disagree with the Assessor's decision, you have/the right to appeal to the County Board of Equalization for further consideration, § 396-106(1)(pa)1'C.RS: The deadline,for filing realproperty appeals.is,Julyy The deadline for filing personal property appeals Is July 20, The Assessor establishes property values. The local: taxing authorities (county, school district, city, fire protection, and other special districts) set mill levies. The mill' levy requested by each taxing authority is based on a projected budget and the property tax revenue requiredto adequately fund the services it provides to its taxpayers. The local taxing authorities hold budget hearings in the fall. If you are concerned about mill levies, we recommend that you attend these budget hearings. Pjease refer to last year's tax bill or ask your Assessor for listing of the local`taxirig authorities. Please reter to the reverse side of this notice for;additicoital Information, '. 15DPr-AR PR =07-08.08 NOOI: 5098 County Board of Equalization Hearings will be held from July 1 through August 5 at 91510"' Street, Greeley, CO To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below, and mail or deliver a copy of both sides of this form to: WELD COUNTY BOARD OF EQUALIZATION 91510TH Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970) 356-4000 Ext, 4225 To preserve your appeal rights, your Petition to the County Board of Equalization must be postmarked or delivered on or before July 15 for real property and on or before July 20 for personal property — after such date, your right to appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with proof of mailing. You will be notified of the date and time scheduled for your hearing. The County Board of Equalization must mail a written decision to you within five business days following the date of the decision. The County Board of Equalization must conclude hearings and render decisions by August 5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of Equalization and you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by September 11. If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of the following: poard of Assessment Anneals District Court 1313 Sherman Street, Room 315 9' Avenue and 9`" Street, P.O. Box C Denver, CO 80203 Greeley, Colorado 80632 (303) 866-5880 Telephone (970) 356-4000 Ext. 4520 www,dola.colorado.00v/baa colorado.00v/baa Binding Arbitration For a list of arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day, § 39-1-120(3), C.R.S. What is your estimate of the property's value as of June 30, 2008? (Your opinion of value in terms of a specific dollar amount is required for real property pursuant to § 39-8-106(1.5), C.R.S.) $ IZ,COO What Is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original installed cost, appraisal, etc.) ',fiV,• 'ti: s... r;. . "` k - °,"Tq .Y`!ri5rM+P%e `ssw� ' ' s -41k- i' I, the undersigned owner or agent of the property identified above, affirm that the statements sonta[rtpd rein a on any attachments hereto are true and complete. 7 3 OQ {i7 f01 qJ Signature Telephone Number Date I Attach letter of authorization signed by property owner. 15 -OPT -AR PR 201-00/00 NOD* sane REAL AND PERSONAL, PROPERTY NOTICE'OF DETERINATION Christopher M. Woodruff VyELD Assessor 1400'1 17th Ave GREELEY, CO 80631 zaps 1459 Date of Notice: 6/24/2009 Telephone: (970) 353-3845 Fcx; (970) 30.4-6433 ice. Hours: 8:00 AM 5:00 PM' • R3818208 CRVI H-AZCO LLC 301 CONGRESS AVENUE STE 500 ' + AUSTIN, TX 78701 FRE-RHS L4 BLK3 RASPBERRY HILL SUBDIVISION SITUS: FREDERICK 80530 FREDERICK, Ca 80530 649,5913-". 49,398. $49,398 The Assessor has carefully studied all available Information, giving particular attention to the specifics included on your protest, The Assessor's determination of value after review is LN16 - The discount procedure for your subdivision has beeh checked and it is correct based on instruotions,o':ublished by.the state division; of property taxation. If you disagree with the Assessor'sdecision, you have the right to appeal to the County Board of Equalisation for further consideration, § 39.8-106(1)(a), C.R.S. The deadline foriiiling real property, appeals is,July.15.,: The deadline for filing personal property appeals is -July 20. The Assessorestablishesproperty values. The local taxing authorities (county, school district, city, fire protection, and other special districts). set mill levies. The mill levy requested by each taxing authority is based on a projected budget and the property tax revenue required to adequately fund the services it provides to its. taxpayers. The local taxing authorities hold budget hearings in the fall. If you are concerned about mill levies, we recommend that you attend these budget hearings. Please refer to last year's tax bill or ask your Assessor for a listing of the local'taxing authorities. Please refer to the reverse side of this notice for additional Information. DUFF & PHELPS 95017 STREET SUITE 2000 DENVER CO 80202 16-DPFAR PR 207-06/06 N099: 6699 12.1 County Board of Equalization Hearings will be held from July 1 through August 5 at 91510"' Street, Greeley, CO To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below, and mail or deliver a copy of both sides of this form to: WELD COUNTY BOARD OF EQUALIZATION 915 10TH Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970) 356-4000 Ext, 4225 To preserve your appeal rights, your Petition to the County Board of Equalization must be postmarked or delivered on or before July 15 for real property and on or before July 20 for personal property — after such date, your right to appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with proof of mailing. You will be notified of the date and time scheduled for your hearing. The County Board of Equalization must mail a written decision to you within five business days following the date of the decision. The County Board of Equalization must conclude hearings and render decisions by August 5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of Equalization and you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by September 11. If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of the following: Board of Assessment Anneals District Court 1313 Sherman Street, Room 315 9'" Avenue and 9th Street, P.O. Box C Denver, CO 80203 Gree/ey, Colorado 80632 (303) 866-5880 Telephone (970) 356-4000 Ext. 4520 www.dola.colorado.00v/baq Binding Arbitration For a list of arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day, § 39-1-120(3), C.R.S. Gist _ ,t" ma ( ctoisr Fly _ What is your estimate of the property's value as of June 30, 2008? (Your opinion of value in terms of a specific dollar amount is required for real property pursuant to § 39-8-106(1.5), C.R.S.) $/1Coo What is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original installed cost, appraisal, etc.) I, the undersigned owner or agent of the property identified above, affirm that the statements lifcontained he in and nd own any attachments hereto are true and complete. 13 -09 Signature UMf� Telephone Number Date 1 Attach letter of authorization signed by property owner. 15 -OPT -AR PR 207-08108 NOD*: 5899 Christopher M. Woodruff WELD Assessor 1400 N17th' Ave GREELEY, CO 80631 REAL AND PEI , ONAL PROPERTY NOTICE OP bETERPAINATION Date of Notice: 6/24/2009 Telephone: (970) 353-3845 Fax: (070)• 304-6433 Office Hours: 8'.00 AM - 5:00 PM R3616305 , 2009,:,, CRVI H-AZOO LLC • 301 CONGRESS AVENUE STE 500 AUSTIN, TX 78701 1459' FRE RHS L5 BLK3 RASPBERRY HILL "SUBDIVISION`SITUS FREDERICK.80530 FREDERICK, CO- 80530, " Is $49,398'' 49,398, $49,398 .49 398 The Assessor has carefully studied all available information, giving particular attention to the specifics included on your protest. The Assessor's, determination, of value after review is based on the following: , ..• „ LNf 6 - The discount procedure for your subdivision has been checked and it is correct based on instructions published by the,state"division of property' taxation. g. If you disagree with the' Assessor's• decision, you'have the:right,to appeal to the County Board of Equalizatidn for further consideration, § 394-106(1)(a), C.R.S. The deadline for filing real property appeals is Julyw15. The deadline for filing personal` property appeals is July 20. The Assessor establishes property- values, The local taxing authorities. (county, school district, city, fire protection, and other special districts) set mill levies. The mill levy requested by each taxing authorityis based on a projected budget and the property tax revenue required to adequately fund the _services it provides to its taxpayers. The local taxing authorities hold budget hearings in the fall. If you are concerned about mill levies, we recommend that, you attend these budget hearings. Please refer to last year's tax bill or ask your Assessor for a listing of the local taxing authorities. Please refer to the' reverse Side Of this notice for additional iniormatlon. DUFF & PHELPS 95017 STREET SUITE 2000 DENVER CO 80202 16-0PTAR PR 201-00/09 Nob it 1900 County Board of Equalization Hearings will be held from July 1 through August 5 at 915101" Street, Greeley, CO To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below, and mail or deliver a copy of both sides of this form to: WELD COUNTY BOARD OF EQUALIZATION 915 10TH Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970) 356-4000 Ext, 4225 To preserve your appeal rights, your Petition to the County Board of Equalization must be postmarked or delivered on or before July 15 for real property and on or before July 20 for personal property - after such date, your right to appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with proof of mailing. You will be notified of the date and time scheduled for your hearing. The County Board of Equalization must mail a written decision to you within five business days following the date of the decision. The County Board of Equalization must conclude hearings and render decisions by August 5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of Equalization and you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by September 11. If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of the following: Board of Assessment Appeals District Court 1313 Sherman Street, Room 315 910 Avenue and 9tb Street, P.O. Box C Denver, CO 80203 Greeley, Colorado 80632 (303) 866-5880 Telephone (970) 356-4000 Ext. 4520 www.dola.colorado.00v/baa Binding Arbitration For a list of arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day, § 39-1-120(3), C.R.S. What is your estimate of the property's value as of June 30, 2008? (Your opinion of value in terms of a specific dollar amount is required for real uoperty pursuant to § 39-8-106(1.5), C.R.S.) What is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original installed cost, appraisal, etc.) I, the undersigned contained harem a Signature owner or agent of the property Identified above, affirm that the statements n any attachments hereto are true and complete. Telephone Number 1 Attach letter of authorization signed by property owner. 7-13-09 Date 15.0PT.M PR 207-08/05 NOD N: 5900 REAL AND PERSONAL PROPERTY. NOTICE OF DETERMINATION Christopher M. Woodruff WELD Assessor 1400 N 17th` AVe GREELEY, CO 80631 Date of Notice: 6/24/2009 Telephone: (970) 353-3845 Fax: (970) 304-6433 Office Hours: 8:00 AM •'5:00PM R3616406 ORVI H•AZDO LW 301 CONGRESS AVENUE STE 500 AUSTIN, TX 78701 1FRE RHS L6 BLK3 RASPBERRY HILL SUBDIVISION. SITU S: 0000.00000 , CO 000000000 $49,398 49,398 The Assessor has carefully studied all available information, giving particultattehtiotf to the specifics included_ on, your protest. The Assessor's,,determination,of yalueeeafter,review is kased:on the following LN16 - The discount procedure for your subdivision has beeh'checked And it is correct based on instrUctiona, published`by the stale vision ,Of ptyporty taxation. If you disagree with'the.Assessor's decision, you have the rightto-appeal to the County Board Of. Equalization for furthsrconsideration, § 3944 06(1)(a), C,R.S. The deadline for filing real property:;appeals•is.July 15, The deadline for filing personal property, appeals is. July 20. The Assessor establishes property values. The local taxing authorities (county, school district, city, fire protection, and other special districts) set mill levies. The mill levy requested by each taxing authority is based on a projected budget and the, property tax revenue required to.adequately fund the services it provides to its taxpayers: The local taxing authorities hold budget hearings in the fall. If you are concerned about mill levies, we recommend that you attend these budget hearings. Please refer to last year's tax bill or ask your Assessor• for a listing of the local taxing' authorities, :. . Please refer to thereverse side of this notice for additional information. DUFF & PHELPS 95017 STREET SUITE 2000 DENVER CO 80202 15-0PT-AR PR 207-08/05 NOO1: 5901 County Board of Equalization Hearings will be held from July 1 through August 5 at 915 10th Street, Greeley, CO To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below, and mail or deliver a copy of both sides of this form to: WELD COUNTY BOARD OF EQUALIZATION 915 10TH Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970) 356-4000 Ext, 4225 To preserve your appeal rights, your Petition to the County Board of Equalization must be postmarked or delivered on or before July 15 for real property and on or before July 20 for personal property — after such date, your right to appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with proof of mailing. You will be notified of the date and time scheduled for your hearing. The County Board of Equalization must mail a written decision to you within five business days following the date of the decision. The County Board of Equalization must conclude hearings and render decisions by August 5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of Equalization and you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by September 11. If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of the following: Board of Assessment Appeals District Court 1313 Sherman Street, Room 315 9g' Avenue and 9th Street, P.O. Box C Denver, CO 80203 Gree/ey, Colorado 80632 (303) 866-5880 Telephone (970) 356-4000 Ext. 4520 www.dola.colorado.aov/baa Binding Arbitration For a list of arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day, § 39-1-120(3), C.R.S. What is your estimate of the property's value as of June 30, 2008? (Your opinion of value in terms of a specific dollar amount is required f or rea property pursuant to § 39-8-106(1.5), C.R.S.) What Is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original installed cost, appraisal, etc.) I, the undersigned owner or agent of the property identified above, affirm that the statements containepl herein and on any attachments hereto are true and complete. 1$1. 14.4 Ptaasa.A. Signature Telephone Number Date 1 Attach letter of authorization signed by property owner. 15 -OPT -AR PR 201-08/05 NOD r: 5001 REAL AND PER 0.NAL PROPERTY NOTICE OF DETERMINATION Christopher M. Woodruff WELD Assessor 1400'N17th'Ave GREELEY, CO 80631 CRVI H•AZCO LLC 301 CONGRESS AVENUE STE 500 AUSTIN, TX 78701 Date of Notice: 6/24/2009 Telephone: (970) 353-3845 Fax' (970) 304-6433 Offlce`Hours: 8:00 AM 5:00 PM FRERHS L18 BLK3 RASPBERRY HILL sUBDIVISION•SITUS: FREDERICK 80530 rFREDERICK.^CO.80530 , - 49,398. „ The Assessor has carefully studied all available information, giving particular attention to the specifics', included, on your protest. The Assessor's determination of value after reMiew is based, on the fol lowing LN16 - The discount procedure for your subdivision hes been checked and it IS correct based on instaictions published by the state djvisier of property taxation.. If you disagree with'the,Assessor's decision, you have the right to appeal to the County Board of Equalization for futtherconsideration, §394-106(1)(a), C.R.S. • 'The deadline for filing real property appeals is July 15. The deadline for filing personal property appeals is July 20. The Assessor establishes property values. The local taxing authorities (county, school district, city, fire protection, and other special districts) set mill levies. The mill levy requested by each taxing authority is based on a projected budget and the property tax revenue required to adequately fund the_ services it provides to Its taxpayers. The local taxing authorities hold budget hearings in the fall. If you are concerned about mill levies, we recommend that you, attend these budget hearings, Please refer to last year's, tax bill or ask your Assessor for a listing of the local tking authorities. Please refer to the reverse side of this. notice for additional Information, DUFF & PHELPS 95017 STREET SUITE 2000 DENVER CO 80202 15 -OPT -AR PR 207-0eg0 NO00: 5902 County Board of Equalization Hearings will be held from July 1 through August 5 at 91510'" Street, Greeley, CO To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below, and mail or deliver a copy of both sides of this form to: WELD COUNTY BOARD OF EQUALIZATION 91510TH Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970) 356-4000 Ext, 4225 To preserve your appeal rights, your Petition to the County Board of Equalization must be postmarked or delivered on or before July 15 for real property and on or before July 20 for personal property — after such date, your right to appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with proof of mailing. You will be notified of the date and time scheduled for your hearing. The County Board of Equalization must mail a written decision to you within five business days following the date of the decision. The County Board of Equalization must conclude hearings and render decisions by August 5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of Equalization and you wish to. continue your appeal, you must file an appeal with the Board of Assessment Appeals by September 11. If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of the following: Board of Assessment Aooeals District Court 1313 Sherman Street, Room 315 9`" Avenue and 9'" Street, P.O. Box C Denver, CO 80203 Greeley, Colorado 80632 (303) 866-5880 Telephone (970) 356-4000 Ext. 4520 www.dola,colorado.00v/baa Binding Arbitration For a list of arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. If the date for filing any report schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day, § 39-1-120(3), C.R.S. What is your estimate of the property's value as of June 30, 2008? (Your opinion of value in terms of a specific dollar amount is required for real O property pursuant to § 39-8-106(1.5), C.R.S.) $ What is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original installed cost, appraisal, etc.) I, the undersigned owner or agent of the property identified above, affirm that the statements cpntaine he 'n and any attachments hereto are true and complete. /�wO �► (�c�rlt t Y Signature Telephone Number Date 1 Attach letter of authorization signed by property owner. 15-OPTAR PR 201-04/04 NO0 /:5902 Christopher M. Woodruff WELD Assessor 1400Rt'17th'Ave GREELEY, CO 80631 REAL AND PERSONAL PROPERTY NOTICE OF` DETERMINATION Elate te of Notice: 6/24/2009 Telephone: (970) 353-3845 Fax. '(970)304-6433 0ffice'Wours: 8:00 AM -5:00 PM R3617705 FRE'RHS L19 BLK3 RASPBERRY HILL SUBDIVISION SITUS:- FREDERICK ;$0530 FREDERICK: CO 80530 :.,.. 2009 CRVI H-AZgo LLD , 301 CONGRESS AVENUE STE 500 AUSTIN, TX 78701 1459 49,39$ $49,39$ 549,398 The Assessor has carefully studied all available information, giving particularattention to the specifics included:: on your protesL The Assessors, determination of value atteF review is based on the following:: `„ LN16 - The discount procedure for your subdivision has been checked and it is correct based Ion instructions published by the state division qf property taxation Ifyea disagree.with•the Assessor's decision, yoµ. have the right to appeal to the County,Board of Equalization for further consideration, § 30+8.106(1)(a), C.R.B. • The•deadline for filing real property2appeals.isJuly 15 The deadline for filing personal property appeals Is July 20., The. Assessor establishes property values. The local taxing authorities (county, school district, city, fire protection, and other special districts) set mill levies. The mill levy requested by each taxing authority is based on a projected budget and the property tax revenue required, to adequately fund the services it provides to its taxpayers. The local taxing authorities hold budget hearings in the fall. If you are concerned about milt levies, we recommend that you attend these budget hearings: Please refer -to last years tax bill or ask your Assessor for a listing of the local taXing authorities. Please refer to the reverse tide of this notice for additional information,• DUFF & PHELPS 95O17 STREET SUITE 2000 DENVER CO 80202 15-0PTAR PR201 &V NO0#:5903 County Board of Equalization Hearings will be held from July 1 through August Sat 915 10th Street, Greeley, CO To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below, and mall or deliver a copy of both sides of this form to: WELD COUNTY BOARD OF EQUALIZATION 91510"4 Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970) 3564000 Ext, 4225 To preserve your appeal rights, your Petition to the County Board of Equalization must be postmarked or delivered on or before July 15 for real property and on or before July 20 for personal property - after such date, your right to appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with proof of mailing. You will be notified of the date and time scheduled for your hearing. The County Board of Equalization must mail a written decision to you within five business days following the date of the decision. The County Board of Equalization must conclude hearings and render decisions by August 5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of Equalization and you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by September 11. If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of the following: Board of Assessment Aooeals District Court 1313 Sherman Street, Room 315 9 Avenue 9"' Street, P.O. Box C Denver, CO 80203 Greeley, Colorado 80632 (303) 866-5880 Telephone (970) 356-4000 Ext. 4520 www.dola.colorado.crov/baa Binding Arbitration For a list of arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day, § 39-1-120(3), C.R.S. What is your estimate of the property's value as of June 30, 2008? (Your opinion of value in terms of a specific dollar amount is required for real property pursuant to § 39-8-106(1.5), C.R.S.) What is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original installed cost, appraisal, etc.) I, the undersigned owner or agent of the property identified above, affirm that the statements contained herein and on any attachments hereto are true and complete. 144,Vas- a.a,r,,,L„4. 7-13-01 Signature Telephone Number Date Attach letter of authorization signed by property owner. I5-0PT-AR PR 201.08/08 NO0 R 5903 REAL AND PERSONAL RSONAL PROPERTY NOTIbE OF DETERMINATION Christopher M. Woodruff WELD Assessor 1400'N 17th'Ave ''' GREELEY, CO 80631 1459 Date of Notice: 6/24/2009 Telephone: (970) 353-3845 Fax: (970) 3046433- ' - Office Hours' 8:00`AM - 5`00 PM R3817805 ORVI H-AZCO LLC 301 CONGRESS AVENUE STE.500 AUSTIN, TX 78701 FRE''RHS 1.20 eLK3 RASPBERRY HILL SUBDIVISION $ITUS: FREDERICK 80530 FREDERICK, CO>80530. $49,398 '1 J. :.I- it .1. 49,398 The Assessor has carefully studied all available Information, giving particular attention to the specifics included on your protest. The Assessor's determination, of value,; after review is based on the following: LN16 - The discount procedure for your subdivision has beset checked and,it is irorrs&tbased on ipgtruetionspublished by the state ivision Atkroperty taxation. If you disagree with the Assessor's decision, you have the right to appeal to the County Board"of Equalizatioi for_fuither consideration, § 39.8-I06(1)(a), The deadline for filing,resl property appealslis+Julyy 15. .r, The deadline for filing personahproperty, appeals is July 201 The Assessor establishes property values. The local taxing authorities (county, school district, city, fire protection, and other special districts) set mill levies. The mill levy requested by each taxing authority is based on a projected budget and the property tax revenue required to adequately fund the services it providesto its taxayers. The local taxing authorities hold budget hearings in the fall. If you are concerned about mill levies, we recommend that you attend these budget.,hearings. Please refer to last year's tax bill or ask your Assessor for a listing of the loeal'ttetin'g aut orities.. Please refer to thetreverse side of this notice foe additional information. DUFF & PHELPS 950 17 STREET SUITE 2000 DENVER CO 80202 15 -OPT -AR PR z07-06/00 NOON 5004 County Board of Equalization Hearings will be held from July 1 through August 5 at 915 10th Street, Greeley, CO To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below, and mail or deliver a copy of both sides of this form to: WELD COUNTY BOARD OF EQUALIZATION 915l0 Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970) 356-4000 Ext, 4225 To preserve your appeal rights, your Petition to the County Board of Equalization must be postmarked or delivered on or before July 15 for real property and on or before July 20 for personal property — after such date, your right to appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with proof of mailing. You will be notified of the date and time scheduled for your hearing. The County Board of Equalization must mail a written decision to you within five business days following the date of the decision. The County Board of Equalization must conclude hearings and render decisions by August 5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of Equalization and you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by September 11. If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of the following: Board of Assessment Anneals District Court 1313 Sherman Street, Room 315 9`" Avenue and 9"' Street, P.O. Box C Denver, CO 80203 Greeley, Colorado 80632 (303) 866-5880 Telephone (970) 356-4000 Ext. 4520 www.dola.colorado.nov/baa Binding Arbitration For a list of arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day, § 39-1-120(3), C.R.S. What is your estimate of the property's value as of June 30, 2008? (Your opinion of value in terms of a specific dollar amount is required for property pursuant to § 39-8-106(1.5), C.R.S.) $ <00 What is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original installed cost, appraisal, etc.) I, the undersigned owner or agent of the property Identified above, affirm that the statements contained herein and on any attachments hereto are true and complete. its Vat. VinstAir 71s -o9 Signature Telephone Number Date 1 Attach letter of authorization signed by property owner. 15 -OPT -AR PR 20748/08 NOD •: 5904 REAL AND PERSONAL PROPERTY NOTICE•OF DETERMINATION Christopher M. Woodruff WELD Assessor 1400'N1 17thAve GREELEY, CO 80631 2009 Date of Notice: 6/24/2009 Telephone: (970) 353-3845 Fax: (970)-304=6433' °tee Hours: '8:d0 AM'- 5:00 PM R3617905 1459 1CRVI H-AZCO LLC 101` CONGRESS AVENUE STE 500 AUSTIN, TX 78701 FRE RHS L21 BLK3 RASPBERRY HILL 'SUBDIVISION BITUS; FREDERICK 80530 FREDERICK,l00'-'80530 49,398 ',$49,998" - The Assessor has carefully studied all available information, giving particular attention to the specifics included on your protest. The Assessors determination of value, alien review is based on the following:. , LN16 - The discount procedure for your subdivision hes been checked and it is correct based on instructions pyblished by'the'state: division of property taxation. If you disagree with the Assessor's decision, you have the right•to appeal to the County Board of, Equalization for further consideration, § 39-8-106(1)(a), C.R.S, The deadline for filing real praperttappeals is July,15 The deadline forfiling personal property appeals is July 20. The. Assessor .establishes property values. The local taxing authorities (county, school district, city, fire protection, and other special districts) set mill levies. The mill levy requested by each taxing authority is based on a projected budget and the property tax revenue required to adequately fund the services it provides to its taxpayers; The local taxing authorities hold budget hearings in the fall. If you are concerned about mill levies, we recommend thatyou attend these budget hearings. Please refer to last year's taxbill or ask your Assessor for a listing of the local taiin§ authorities. Please refer to the reverse side of this notice for additional iriformatipn,` DUFF & PHELPS 95017 STREET SUITE 2000 DENVER CO 80202 150 PT -AR PR 207-0&/06 N00M 5906 County Board of Equalization Hearings will be held from July 1 through August 5 at 915 10th Street, Greeley, CO To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below, and mail or deliver a copy of both sides of this form to: WELD COUNTY BOARD OF EQUALIZATION 915 10TH Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970) 356-4000 Ext, 4225 To preserve your appeal rights, your Petition to the County Board of Equalization must be postmarked or delivered on or before July 15 for real property and on or before July 20 for personal property — after such date, your right to appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with proof of mailing. You will be notified of the date and time scheduled for your hearing. The County Board of Equalization must mail a written decision to you within five business days following the date of the decision. The County Board of Equalization must conclude hearings and render decisions by August 5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of Equalization and you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by September 11. If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of the following: Board of Assessment Agosals District Court 1313 Sherman Street, Room 315 9'" Avenue and 9th Street, P.O. Box C Denver, CO 80203 Greeley, Colorado 80632 (303) 866-5880 Telephone (970) 356-4000 Ext. 4520 www. dola.colorado,Qovlbaa Binding Arbitration For a list of arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day, § 39-1-120(3), C.R.S. What is your estimate of the property's value as of June 30, 2008? (Your opinion of value in terms of a specific dollar amount is required for real property pursuant to § 39-8-106(1.5), C.R.S.) $ I2FSco What is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original installed cost, appraisal, etc.) I, the undersigned owner or agent of the property identified above, affirm that the statements coontttainQQherein � any attachments hereto are true and complete. -13-07 t YVim7 Signature Telephone Number Date ' Attach letter of authorization signed by property owner. 15-DPT-AR PR 207-08109 NOD 4: 5905 Christopher M. Woodruff WELD Assessor 140O N 17th Ave GREELEY, CO 80631 REAL AND PERSONAL PROPERTY NOTICE Or DETERMINATION :- Date of Notice: 6/24/2009 Telephone: (970) 353-3845 Fax: (970) 304-6433 Office Hours: 8:00 AM - 5:00 PM CRY] H-A4CQ LLC 301 CONGRESS AVENUE STE 500 : AUSTIN, TX 78701 `LFRE RHS L22 BLK3 RASPBERRY HILL SUBDIVISION SITUS: FREDERICK 80530 FREDERICK, CO 80530 :• The Assessor has carefully studied all available information, giving particular' attentionto the specifics, included.; on your protest. The Assessor's determination of valuecafter review is based, on the following., „ LN16 The discount procedure for your subdivision hasbeen checked and it is correct' based' on "instruciiorj9,published by thq, Mate division of properly taxation. If you disagree with: the, Assessor's decision, you have the right to appeal to the County Board'of:Equalization for further consideration, §-39.8.106(1)(a), C.R.S. The.deadline•for filing reahproperty,appeals is•Jely;15, The deadline for, filing personal property appeals Is July 20. The Assessor establishes property values. The local taxing authorities (county, school district, city, fire protection, and other special districts) set mill levies. The mill levy requested by each taxing authority is based on a projected budget and the property tax revenue required to adequately fund the services it provides to its taxpayers. The local taxing authorities hold budget hearings in the fall If you are concerned about mill levies, we recommend that you attend these budget hearings. Please refer to last year's tax bill or ask your Assessor for a listing of the locallaxing authorities. Please refer to the reverse'side of this notice for additional information. DUFF & PHELPS 950 17 STREET SUITE 2000 DENVER CO 80202 15 -OPT -AR PR 207-00/08 NOD f. 5908 ren�t.``*�`.e v ) -c ti's ' 1.`,i.: County Board of Equalization Hearings will be held from July 1 through August 5 at 91510"' Street, Greeley, CO To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below, and mail or deliver a copy of both sides of this form to: WELD COUNTY BOARD OF EQUALIZATION 915 10TH Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970) 356-4000 Ext, 4225 To preserve your appeal rights, your Petition to the County Board of Equalization must be postmarked or delivered on or before July 15 for real property and on or before July 20 for personal property - after such date, your right to appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with proof of mailing. You will be notified of the date and time scheduled for your hearing. The County Board of Equalization must mail a written decision to you within five business days following the date of the decision. The County Board of Equalization must conclude hearings and render decisions by August 5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of Equalization and you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by September 11. If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of the following: Board of Assessment Appeals District Court 1313 Sherman Street, Room 315 9 Avg enue and 9th Street, P.O. Box C Denver, CO 80203 Greeley, Colorado 80632 (303) 866-5880 Telephone (970) 356-4000 Ext. 4520 www.dola.coloradomov/baa Binding Arbitration For a list of arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day, § 39-1-120(3), C.R.S. What is your estimate of the property's value as of June 30, 2008? (Your opinion of value in terms of a specific dollar amount Is required fq re I property pursuant to § 39-8-106(1.5), C.R.S.) What is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original installed cost, appraisal, etc.) MiteffeTIMPaticats I, the undersigned owner or agentof the property identified above, affirm that the statements taped rem and on any attachments hereto are true and complete. ,_/9V09 Signature Telephone Number Date Attach letter of authorization signed by property owner. 15.DPT-AR PR 207-08/09 NOO it 5906 REAL, AND PERSONAL, PROPERTY NOTICE OP DETERMINATION Christopher M. Woodruff WELD Assessor 1400 N'17th Ave GREELEY, CO 80631 2006 'r ' 1459 ' .Date of Notice: 6/24/2009 Telephone: (970) 353-3845 Pax: (970)304;6433.^ . Office Hdurs: 8100 AM :5:00 PM R3818405 .CRVI. H-A4C0 LLCM: 30t CONGRESS AVENUE.STE 500 AUSTIN, TX 78701 FRE RHS L1 BLK4 RASPBERRY HILL SUBDIVISION SITUS: FREDBRICK 80530 FREDERICK/CO 80530,, 49,398 $49,398 The Assessor has carefully studied all available information; giving particular attention to the specifics included ,on yopr,.;protest. The •Assessor's„ getermination.of value; after review is based. on the following: • i LNf 6 - The discount procedure for your subdivision has been checked and it is correct based on inshuctighs published;by the st,atrdMs,on of (needy taxation. If you disagree. with the Assesses's decision; you have the right appeal lo the County Board.of Equalization,ferfurtherconsideration, §,39-5-106(1)(a), C.R.S., Thedeadline for filing, real property appealsiis.July 15, The deadlinelor filing, personal property appeals la -July 20, . The Assessor establishes property values. The local taxing authorities (county, school district, city, fire protection, and other special districts) set mill levies. The Mill" levy requested by each taxing authority is based on a projected budget and the property tax revenue required to adequately fund the services it provides to Its taxpayers. The local taxing authorities hold budget hearings in the fall. If you are concerned about mill levies, we recommend that you attend: these budget hearings. Please refer to last year's tax bill or ask your Assessor for a listing of the'looat thking authorities. Please refer to the reyerse side' of thie notice for additional'informatlon. DUFF & PHELPS 950 17 STREET SUITE 2000 DENVER CO 80202 13DPT-AR PR 201.06./06 NOO t 5010 County Board of Equalization Hearings will be held from July 1 through August 5 at 915 10th Street, Greeley, CO To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below, and mail or deliver a copy of both sides of this form to: WELD COUNTY BOARD OF EQUALIZATION 915 10'a Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970) 356-4000 Ext, 4225 To preserve your appeal rights, your Petition to the County Board of Equalization must be postmarked or delivered on or before July 15 for real property and on or before July 20 for personal property — after such date, your right to appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with proof of mailing. You will be notified of the date and time scheduled for your hearing. The County Board of Equalization must mail a written decision to you within five business days following the date of the decision. The County Board of Equalization must conclude hearings and render decisions by August 5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of Equalization and you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by September 11. If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of the following: Board of Assessment ADoeals District Court 1313 Sherman Street, Room 315 9'" Avenue and 9f° Street, P.O. Box C Denver, CO 80203 Gree/ey, Colorado 80632 (303) 866-5880 Telephone (970) 356-4000 Ext. 4520 www.dola.coloradosmv/baa Binding Arbitration For a list of arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day, § 39-1-120(3), C.R.S. What is your estimate of the property's value as of June 30, 2008? (Your opinion of value in terms of a specific dollar amount is required for real property pursuant to § 39-8-106(1.5), C.R.S.) $ l Z, S0O What Is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original installed cost, appraisal, etc.) I, the undersigned owner or agentof the property identified above, affirm that the statements sontainpd hearzl on any attachments hereto are true and complete. Signature Telephone Number Date 1 Attach letter of authorization signed by property owner. 7 -13 -of 15 -OPT -OR PR 207-05/08 NOD 8:5910 REAL AND PERSONAL PROPERTY NOTICE OP DETERMINATION Christopher M. Woodruff WELD Assessor 1400 N 17th Ave' GREELEY, CO 80631 date of Notice: 6/24/2009 Telephone: (970) 353-3845 Fax: (970) 304-6433 Offlce'Hot'rs! 8:00 AM 5:00 PM R3618505 CRVI H-AZCO LLG 30.1 :CONGRESS AVENUE STE 500 AUSTIN, TX 78701 FRERHS L2 BLK4 RASPBERRY HILL SUBDIVISION SITUS: F,REDERICK;80530 FREDERICK, CO 80530 _. 49,398 849,398 849,398 `'': The Assessor has carefully studied all available information; giving particular attention to the specifics included on your protest, The Assessors determination: of value after review is LN18 - The discount procedure for your subdivision MS been ?shacked and it is correct based on instnrctipgs published ¢y the state divis*on of properly taxation: If you disagree with the Assessor's decision, you, -have the right to ap eel to the County Board of Equalization for further consideration, § 39'8-106(1)(aj, C.R.S. The deadline for filing real,property appeaie,ie Julyy,10. the deadline for filing personal,property;appeals is July 20, s,.• ,i,1'" The Assessor establishes property values. The local taxing authorities (county, school district, city, fire protection, and other special distracts) set mill levies. The mill levy requested by each taxing authority is based on a projected budget and the property tax revenue required to adequately fund the services it provides to Its taxpayers. The local taxing authorities hold budget hearings in the fall: If you are concerned about mill levies, we recommend that you attend these budget hearings. Please refer to last year's tax bill or ask your Assessor for a listing of the local taxing authorities. Please refer to the' reverse side of this notice for additiohal information: DUFF & PHELPS 950 17 STREET SUITE 2000 DENVER CO 80202 15 -OPT -AR PR 207-00/011 ROD 0: 5911 County Board of Equalization Hearings will be held from July 1 through August 5 at 915 10th Street, Greeley, CO To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below, and mail or deliver a copy of both sides of this form to: WELD COUNTY BOARD OF EQUALIZATION 915 10TH Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970) 356-4000 Ext, 4225 To preserve your appeal rights, your Petition to the County Board of Equalization must be postmarked or delivered on or before July 15 for real property and on or before July 20 for personal property - after such date, your right to appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with proof of mailing. You will be notified of the date and time scheduled for your hearing. The County Board of Equalization must mail a written decision to you within five business days following the date of the decision. The County Board of Equalization must conclude hearings and render decisions by August 5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of Equalization and you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by September 11. If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of the following: Board of Assessment Appeals District Court 1313 Sherman Street, Room 315 9` Avenue and a Street, P.O. Box C Denver, CO 80203 Greeley, Colorado 80632 (303) 866-5880 Telephone (970) 356-4000 Ext. 4520 www.dola.colorado.00v/baa Binding Arbitration For a list of arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day, § 39-1-120(3), C.R.S. What is your estimate of the property's value as of June 30, 2008? (Your opinion of value in terms of a specific dollar amount is required for real property pursuant to § 39-8-106(1.5), C.R.S.) $ /2,Sae What is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original installed cost, appraisal, etc.) I, the undersigned owner or agent of the property identified above, affirm that the statements contained he ein and n any attachments hereto are true and complete. 1M WA. 7 -13- 09 Signature Telephone Number Date 1 Attach letter of authorization signed by property owner. 15 -OPT -AR PR 207-08/08 NOO 9: 5911 REAL AND,PERSONAL PROPERTY Nariet'OP OttERMINATION Christopher M. Woodruff WELD Assessor 1400 N 17th Ave GREELEY, CO 80631 tCRVI H-AZCO LLC 301 CONGRESS AVENUE-STE 500 AUSTIN, TX 78701 [Date of Notice: 6/24/2009 Telephone: (970) 353-3845 Fax; (970)3044433 Office Hours: 1\.60 AM 5:00 PM `FRE RHS L3 BLK4 RASPBERRY HILL SUBDIVISION-SiwUS: FREDERICK 80530 FREDERICK, CO 80630'^ The Assessor has carefully studied all available information, giving particular'attehtihn`to the specifics: included ,on your protest. •>The Assessors determination of value--. after 'review is based on the,following: ty, LN16 - The discount procedure for Jour subdivision has been bheeked and it is correct based on instruct/one Peelleted.by, me std(e, dlv&sIgn p1 property taxation. If you disagree with the Assessor's decision, you have the right to appeal to the County Robed of Equalization for further consideration, § 39.8.106(1)(a), C.R.S. The deadline fgr,,filing real,property appeals isrJuly 15, Thedeadline for• filing personal property appeals Is July 20.. The Assessor establishes property values. The local taxing authorities (county, school district, city, fire protection, and other special districts) set mill levies. The mill levy requested by each taxing authority is based on a projected budget and the property tax revenue required to adequately fund the services it provides to its taxpayers. The local taxing authorities hold budget hearings in the fall. If you are concerned about mill levies, we recommend that you attend these budget hearings. Please refer to last year's tax bill or ask your Assessor for a listing of the local: taxing authorities. Please refer to the feverse sldeof this notice for additional `jnformat on. DUFF & PHELPS 95017 STREET SUITE 2000 DENVER CO 80202 15DPr-AR PR 207-0!/08 NOD t 5012 County Board of Equalization Hearings will be held from July 1 through August 5 at 915 10th Street, Greeley, CO To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below, and mail or deliver a copy of both sides of this form to: WELD COUNTY BOARD OF EQUALIZATION 915 10Th Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970) 356-4000 Ext, 4225 To preserve your appeal rights, your Petition to the County Board of Equalization must be postmarked or delivered on or before July 15 for real property and on or before July 20 for personal property — after such date, your right to appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with proof of mailing. You will be notified of the date and time scheduled for your hearing. The County Board of Equalization must mail a written decision to you within five business days following the date of the decision. The County Board of Equalization must conclude hearings and render decisions by August 5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of Equalization and you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by September 11. If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of the following: Board of Assessment Appeals District Court 1313 Sherman Street, Room 315 9p1 Avenue and 9"' Street, P.O. Box C Denver, CO 80203 Greeley, Colorado 80632 (303) 866-5880 Telephone (970) 356-4000 Ext. 4520 www.dola.colorado.gov/baa Binding Arbitration For a list of arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day, § 39-1-120(3), C.R.S. What is your estimate of the property's value as of June 30, 2008? (Your opinion of value in terms of a specific dollar amount is required for real property pursuant to § 39-8-106(1.5), C.R.S.) $ ii.Yap What is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original installed cost, appraisal, etc.) I, the undersigned owner or agentof the property identified above, affirm that the statements cpntaine0 and onVow. any attachments hereto are true and complete. 7_13 -09 Signature N, wLe Telephone Number Date 1 Attach letter of authorization signed by property owner. 15-DPT-AR PR 207-O&05 NOD*: 5912 Christopher M. Woodruff WELD Assessor 1400 N 17th Ave GREELEY, CO 80631 :. CRVI HaZ¢O LLC 301CONGRESS AVENUE,STE 600 AUSTIN, TX 78701 REAL AN4::PERSONAL PROPERTY NOTI'°OP DETERMINATION ,bale of Notice: 6/24/2009 Telephone: (970) 353-3845 Fax: (970) 304-6433 Office Hours: 8:00 AM - 6:00 PM FRE RHS L4 BLK4 RASPBERRY HILL SUBDIVISION SITUS: FREDERICK. 80530 FREDERICK, CO L80510 The Assessor has carefully studied all available information, giving particular attentiStd the . specifics included on your protest , The Assessor's %determination of value after, review is based on the following:s LN16 - The discount procedure for your subdivision has been checked and it is correct based on instrocti rpabllshedt/yxthe state of% ro ty taxation, • If you disagree with the Assessor's decision, you have the right to appeal to the County Board of Equalization for further consideration; § 39.8406(1), C.R.S. The deadline for filing real property,appeals isJuly 15. The deadline for filing personal property appeals, is July 20. The Assessor establishes property values. The local taxing authorities (county, school district, city, fire protection, and other special districts) set mill levies. The mill levy requested by each taxing authority is based on a projected budget and the property tax revenue required to adequately fund the services it provides to its taxpayers. The local taxing authorities hold budget hearings In the fall. If you are concerned about mill levies, we recommend that you attend these budget hearings. Please refer to last year's tax bill or ask your Assessor for a listing of the local taxihg-authorities. Please refer tothe side of this notice for additional information. DUFF & PHELPS 95017 STREET SUITE 2000 DENVER CO 80202 16OPT-nR PR 207-06/06 NOD It 5913 County Board of Equalization Hearings will be held from July 1 through August 5 at 915 10th Street, Greeley, CO To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below, and mail or deliver a copy of both sides of this form to: WELD COUNTY BOARD OF EQUALIZATION 91510Th Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970) 356-4000 Ext, 4225 To preserve your appeal rights, your Petition to the County Board of Equalization must be postmarked or delivered on or before July 15 for real property and on or before July 20 for personal property — after such date, your right to appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with proof of mailing. You will be notified of the date and time scheduled for your hearing. The County Board of Equalization must mail a written decision to you within five business days following the date of the decision. The County Board of Equalization must conclude hearings and render decisions by August 5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of Equalization and you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by September 11. If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of the following: Board of Assessment Aogeals District Court 1313 Sherman Street, Room 315 910 Avenue and 9th Street, P.O. Box C Denver, CO 80203 Greeley, Colorado 80632 (303) 866-5880 Telephone (970) 356-4000 Ext. 4520 www.dol a.colorado.aovlbaa Binding Arbitration For a list of arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day, § 39-1-120(3), C.R.S. What Is your estimate of the property's value as of June 30, 2008? (Your opinion of value in terms of a specific dollar amount is required for real property pursuant to § 39-8-106(1.5), C.R.S.) $/R,600 What is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original installed cost, appraisal, etc.) 2401. I, the undersigned owner or agent of the property identified above, affirm that the statements contained rein don any attachments hereto are true and complete. {,r,,, 7 -1,1 -of Signature Telephone Number Date ' Attach letter of authorization signed by property owner. 18-0PT-AR PR 201-08/08 NOOK 5913 REAL AND PERSONAL PROPERTY NOTICE OP bETERMINATION Christopher M. Woodruff WELD Assessor '1400 N 17f1i Ave' GREELEY, CO80631 Date of Notice: 6/24/2009 Telephone: (970) 353-3845 Fax, (970) 304-64.33 Office Hours: 8:00 AM - 5:00 PM R3618805 2009` 1459 CRVI H•AZCO LLC 301 CONGRESS AVENUE STE 500 AUSTIN, TX 78701 FRE RHS L5 BLK4 RASPBERRY HILL SUBDIVISION SITUS: FREDERICK 80530 FREDERICK, CO = 86530' 49,399. $49,398 $49,398 The Assessor has carefully studied all available information, giving particular attention to the specificsIncluded bn your protest The Assessor's determination -of value, after review is based on the following: , r+ LN16 - The discount procedure for your subdivision has been checked and it i3 correct based on inst/udtiogs published by the plate division of property taxation. If you disagree with the Assessor's decision, you have the right to appeal to the County Board of Equalization for furthe'consideration, § 39-8.106(1)(a), C.R.S. The deadline for filing real property appeals is...k415. The deadline,for filing personal property appeals Is July 20. The Assessor establishes property values.The local taxing authorities (county, school district, city, fire protection, and other special districts) set mill levies. The mill levy requested by each taxing authority is based on a projected budget and the property tax revenue required, to adequately fund the services it provides to its taxpayers. The local taxing authorities hold budget hearings in the fall. If you are concerned about mill levies, we recommend that you -attend these budget hearings. Please refer to last year's tax bill or ask your Assessor for listing of the local taking authorities. Please refer to the reverse side of this notice for additional information. DUFF & PHELPS 95017 STREET SUITE 2000 DENVER CO 80202 15OPT+W PR 207.05/05 NOD $:5514 County Board of Equalization Hearings will be held from July 1 through August 5 at 91510" Street, Greeley, CO To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below, and mail or deliver a copy of both sides of this form to: WELD COUNTY BOARD OF EQUALIZATION 91510TN Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970) 356-4000 Ext, 4225 To preserve your appeal rights, your Petition to the County Board of Equalization must be postmarked or delivered on or before July 15 for real property and on or before July 20 for personal property — after such date, your right to appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with proof of mailing. You will be notified of the date and time scheduled for your hearing. The County Board of Equalization must mail a written decision to you within five business days following the date of the decision. The County Board of Equalization must conclude hearings and render decisions by August 5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of Equalization and you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by September 11. If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of the following: Board of Assessment Appeals 1313 Sherman Street, Room 315 Denver, CO 80203 (303) 866-5880 www.dola.colorado.00v/baa Binding Arbitration For a list of arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. if the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day, § 39-1-120(3), C.R.S. District Court 9'" Avenue and 9f° Street, P.O. Box C Greeley, Colorado 80632 Telephone (970) 356-4000 Ext. 4520 What is your estimate of the property's value as of June 30, 2008? (Your opinion of value in terms of a specific dollar amount is required for real property pursuant to § 39-8-106(1.5), C.R.S.) $ 129 Coo What is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original installed cost, appraisal, etc.) 1, the undersigned owner or agent of the property identified above, affirm that the statements contained h in and on any attachments hereto are true and complete. ya dam,. 7 -13.07 Signature Telephone Number Date 1 Attach letter of authorization signed by property owner. 15-0PT-A0. PR 207-08108 NCO M: 5914 REAL AND PERSONAL PROPERTY NOTICE OF DETERMINATION Christopher M. Woodruff WELD Assessor 1400'N 17th Ave GREELEY, CO 80631 20od` 1459 bate of Notice: 6/24/2009 Telephone: (970) 353-3845 Fax: (970) 304-6433 ' Office'Hours: 8:00 AM ` 5:00 PM R3818905 ORVI H-AZCO LLC „• 301 CONGRESS AVENUE :STE 500 AUSTIN, TX 78701 FRERHS LB BLK4 RASPBERRY HILL SUBDIVISION SITUS:FREDERICK 80530 FREDERICK, CO 80530' 49,3984. .. $49,398 $49,398 The Assessor has carefully studied all available information, giving particular attention to the specifics included, on, your protest. The Assessor's determination of valueafter review is ,, based on the,following: LN18 - The discount procedure for your subdivision has been checked and it is correct based on ngtructions: published, by the state-dMa/op 4fpro pefly f exation. If you disagree. With the.Assessor's decision, you have the right,,to appeal to;the County Board ofEqualizationfor further' consideration, § 39-8-106(1)(a),'C.R.S The, deadline for filing real property appeals is July 15. The deadline for filing personal property appeals is July 20. s The Assessor establishes properly values. The local taxing authorities (county, school district, city, fire protection, and other special districts) set mill levies. The mill levy requested by each taxing authority is based on a projected budget and the property tax revenue required to adequately fund the services it provides to its taxpayers. The local taxing authorities hold budget hearings in the fall. If you are concerned about mill levies, we recommend that you attend these. budget,hearipes. Please refer to last year's tax bill or ask your Assessor for a listing of the local taking authorities. Please refer to thereverse side of this.notice for additional Iffprmation. DUFF & PHELPS 950 17 STREET SUITE 2000 DENVER CO 80202 15 -PT -AR PR 207-06/08 NOO N: 5915 County Board of Equalization Hearings will be held from July 1 through August 5 at 91510x' Street, Greeley, CO To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below, and mail or deliver a copy of both sides of this form to: WELD COUNTY BOARD OF EQUALIZATION 915 10TH Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970) 356-4000 Ext, 4225 To preserve your appeal rights, your Petition to the County Board of Equalization must be postmarked or delivered on or before July 15 for real property and on or before July 20 for personal property - after such date, your right to appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with proof of mailing. You will be notified of the date and time scheduled for your hearing. The County Board of Equalization must mail a written decision to you within five business days following the date of the decision. The County Board of Equalization must conclude hearings and render decisions by August 5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of Equalization and you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by September 11. If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of the following: Board of Assessment Appeals District Court 1313 Sherman Street, Room 315 9`" Avenue and 9"' Street, P.O. Box C Denver, CO 80203 Greeley, Colorado 80632 (303) 866-5880 Telephone (970) 356-4000 Ext. 4520 www.dola.colorado.eov/baa Binding Arbitration For a list of arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day, § 39-1-120(3), C.R.S. What is your estimate of the property's value as of June 30, 2008? (Your opinion of value in terms of a specific dollar amount is required fo re roperty pursuant to § 39-8-106(1.5), C.R.S.) $ /b,.)CdW What Is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original installed cost, appraisal, etc.) I, the undersigned owner or agent of the property identified above, affirm that the statements contaipgd h in and on any attachments hereto are true and complete. in Win 7-O-ot Signature Telephone Number Date 1 Attach letter of authorization signed by properly owner. 15 -OPT -AR PR 207-08/09 NO0 R: 5915 REAL AND_ .PERSONAL PRP ERT.Y, 'NOTICE OP DETERMINATION Christopher M. Woodruff WELD Assessor 1'400'N 17thAve GREELEY, CO 80631 2009 Da(e of Notice: 6/24/2009 'Telephone: (970) 353-3845 Fax; (9>b) 304-6433 Offloe'Rdurs: 8':00 AM"='5.00'PM R3619000 CRVI H-AZCO LLD, 301CONGRESS AVENUE STE 500 , AUSTIN, TX 78701 1'459 FRg,RHS L7 BLK4 RASPBERRY HILL SUBDIVISION SITUS: FREDERICK 80530 -FREDERICK,CO-=80630't , 49,398 ''.s49;398'''. The Assessor has carefully studied all available information, giving particular attention to the specifics included:on your protest. The Assessor's determination. of value after review is based on the following:. LN16 The discount procedure for your subdivision has been checked and It is attract based on instructions publjshed:by the'state dlvisjon Of firOPertY taxation. If youkdisagree wih the Assessor's decision,' you f Barre the right to appeal to the County Board'bf qualization for further consideration, § 394.106(1)(a), C.R.S. Theideadline for,filing<real property,appeals is July,15, The deadline for filing personal property appeaJs is July 20. The Assessor establishes property values, The local taxing authorities (county, school district, city, fire protection, and other special districts) set mill levies. The mill levy requested by each taxing authority is based on a projected budget and the property tax revenge required to adequately fund the services it provides to its taxpayers. The local taxing authorities hold budget hearings in the fall. If you are concerned about mill levies, we recommend that you attend: these budget hearings. Please refer to last year's tax bill or ask your Assessor for a listing of the lod l taxing authorities. Please refer to the reverse aide of this notice for additional information., DUFF & PHELPS 950 17 STREET SUITE 2000 DENVER CO 80202 154PTan PR 2014131011 NOD t 5910 County Board of Equalization Hearings will be held from July 1 through August 5 at 915 10th Street, Greeley, CO To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below, and mail or deliver a copy of both sides of this form to: WELD COUNTY BOARD OF EQUALIZATION 915 10'" Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970) 356-4000 Ext, 4225 To preserve your appeal rights, your Petition to the County Board of Equalization must be postmarked or delivered on or before July 15 for real property and on or before July 20 for personal property — after such date, your right to appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with proof of mailing. You will be notified of the date and time scheduled for your hearing. The County Board of Equalization must mail a written decision to you within five business days following the date of the decision. The County Board of Equalization must conclude hearings and render decisions by August 5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of Equalization and you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by September 11. If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of the following: Board of Assessment Appeals District Court 1313 Sherman Street, Room 315 9 Avenue and 9th Street, P.O. Box C Denver, CO 80203 Greeley, Colorado 80632 (303) 866-5880 Telephone (970) 356-4000 Ext. 4520 www.dola.colorado.aov/baa Binding Arbitration For a list of arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day, § 39-1-120(3), C.R.S. What is your estimate of the property's value as of June 30, 2008? (Your opinion of value in terms of a specific dollar amount is required for real property pursuant to § 39-8-106(1.5), C.R.S.) $ /l1 SOO What is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original installed cost, appraisal, etc.) -S . m L the undersigned owner or agent of the property identified above, affirm that the statements contained h ein and on any attachments hereto are true and complete. )1 Mjms 4 743 -O7 Signature Telephone Number Date 1 Attach letter of authorization signed by property owner. 15 -OPT -AR PR 297-06/08 NOD N: 5918 REAL AND PERSONAL PROPERTY N0TICE'OP Christopher M. Woodruff WELD Assessor 1400 N 17th Ave GREELEY, Co 80631 Dote of Notice: 6/24/2009 Telephone: (970) 353-3845 Fax: (970)304-6433 ' Office'Hdurs: 8:00 AM - 5:00 PM.1 R3819105 CRVI H-AZ,CQ LLC 301. CONGRESS AVENUE;STE 500 AUSTIN, TX 78701 FI3E, RHS L8 BLK4 RASPBERRY HILL SSUBOIVISION•SITUS: FREJERIQI1:.:80530 FREDERICK, CO. 88530• ... 49,398 The Assessor has carefully studied all available information, giving particular attehtion to the specifics .inoluded••on your protest. The Assessor's determination, of value: after review Is LN16 - The discount procedure for your subdivision has been checked end it is correct based on Instrugtions,pgblIshed by the state- division Of property taxation. If you disagree with the Assessor's decision, you have the right to. appeal, to the County Board of Equalization for further consideration, § 39-8-106(1)(a), C.R.S. :The deadline for filing peall property; appeals Is July 15. - The deadline for filing personal property appeals loath', 20.,,. The Assessor establishes property values. The local taxing authorities (county, school district,' city, fire protection, and other special districts) set mill levies. The mill levy requested by each taxing authority Is based on a projected budget and the property tax. revenue required to ade uatel fund the services it provides to its taxpayers. The local taxing authorities hold budget hearings in the fall. If you are concerned about mill levies, we recommend that you attend these budget hearings, Please refer to last year's tax bill or ask your Assessor for a listing of the.locat taxing.au"thorities. Please refer'to the reverse tide of this ' notice for additional information. DUFF & PHELPS 95017 STREET SUITE 2000 DENVER CO 80202 15 -OPT -AR PR 207-08/08 NOD! 6911 County Board of Equalization Hearings will be held from July 1 through August 5 at 91510" Street, Greeley, CO To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below, and mail or deliver a copy of both sides of this form to: WELD COUNTY BOARD OF EQUALIZATION 91510TH Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970) 356-4000 Ext, 4225 To preserve your appeal rights, your Petition to the County Board of Equalization must be postmarked or delivered on or before July 15 for real property and on or before July 20 for personal property — after such date, your right to appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with proof of mailing. You will be notified of the date and time scheduled for your hearing. The County Board of Equalization must mail a written decision to you within five business days following the date of the decision. The County Board of Equalization must conclude hearings and render decisions by August 5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of Equalization and you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by September 11. If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of the following: Board of Assessment Anneals District Court 1313 Sherman Street, Room 315 9'" Avenue and 9th Street, P.O. Box C Denver, CO 80203 Greeley, Colorado 80632 (303) 866-5880 Telephone (970) 356-4000 Ext. 4520 www.doia.colgrad0.9ov/boa Binding Arbitration For a list of arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day, § 39-1-120(3), C.R.S. What is your estimate of the property's value as of June 30, 2008? (Your opinion of value in terms of a specific dollar amount is required for real property pursuant to § 39-8-106(1.5), C.R.S.) $ What is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original Installed cost, appraisal, etc.) I, the undersigned owner or agent of the property identified above, affirm that the statements contain d herein and on any attachments hereto are true and complete. -m iest. larpeasat. 7-13-09 Signature Telephone Number Date 1 Attach letter of authorization signed by property owner. 15 DPT-AR PR 207-08/08 NCO 0:5917 REAL AND PERSONAL PROPERTY NOTICE OF 'DETERMINATION Christopher M. Woodruff WELD Assessor 1400 N 17th Av'e GREELEY, CO 80631 Date of Notice: 6/24/2009 Telephone:. (970) 353-3845 Fax: (970) 304=6433 Office Hours: '8:00 AM'- 5:00 PM R3622100 2009 egvi H-AZCQ PLC 301, CONGRESS, AVENUE STE 600 AUSTIN, TX 78701 FRE RHS L1 BLK7 RASPBERRY HILL $UBDIVISIQN. SITUS: FREDERICK 80530 .FREDERICK, CO 80530 49,398 $49,398 The Assessor has carefully studied all available information, giving particular. attention to the specifics included on your protest. - The Assessor's determination of valueaafter,review is based,on the following , LN16 - The discount procedure for your subdivision has been checked and it is correct based on ipstructions pujblshedby, OW 'state division of TORO* ,faxation, If you disagree with the Assessor's deetaion, you have the right to appeal•to the County Board of Equalization for further consideration, § 39-8.106(1), C.R.S. The deadline,for,filing real property appeals,is July 15, The deadline for filing personal property appeals is•July ,20. The Assessor establishes property values. The local taxing authorities (county, school district, city, fire protection, and other special districts) set mill levies.. The mill levy requested by each taxing authority is based on a projected budget and the property tax revenue required to adequately fund the services It provides to Its taxpayers. The local taxing authorities hold budget hearings in the fall. If you are concerned about mill levies, we recommend thatyou attend these budget hearings. Please refer to last year's tax bill or ask your Assessor for a listing of the local taxing authorities. Please refer to thereverse side of this'hotice for additional information. DUFF & PHELPS 950 17 STREET SUITE 2000 DENVER CO 80202 15 -OPT -AR PR 207-08/08 NOD N: 5915 County Board of Equalization Hearings will be held from July 1 through August 5 at 91510aStreet, Greeley, CO To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below, and mall or deliver a copy of both sides of this form to: WELD COUNTY BOARD OF EQUALIZATION 91510'" Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970) 356-4000 Ext, 4225 To preserve your appeal rights, your Petition to the County Board of Equalization must be postmarked or delivered on or before July 15 for real property and on or before July 20 for personal property — after such date, your right to appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with proof of mailing. You will be notified of the date and time scheduled for your hearing. The County Board of Equalization must mall a written decision to you within five business days following the date of the decision. The County Board of Equalization must conclude hearings and render decisions by August 5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of Equalization and you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by September 11. If you are dissatisfied with the County Board of Equalization's decision and you with to continue your appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of the following: Board of A ment Aogeals District Court 1313 Sherman Street, Room 315 9r Avenue and ? Street, P.O. Box C Denver, CO 80203 Greeley, Colorado 80632 (303) 866-5880 Telephone (970) 356-4000 Ext. 4520 www.dola.colorado.aovlbaa Binding Arbitration For a list of -arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day, § 39-1-120(3), C.R.S. What Is your estimate of the property's value as of June 30, 2008? (Your opinion of value in terms of a specific dollar amount is required for real pursuant to § 39-8-106(1.5), C.R.S.) $ /Z,S What is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original installed cost, appraisal, etc.) ( L., e�,h ) jm.. I, the undersigned owner or agent of the property identified above, affirm that the statements 7� �aingjj herein an on any attachments hereto are true and complete. �(// (I1-0? Signature Telephone Number Date Attach letter of authorization signed by property owner. 16-0PT.R PR 201-08108 Nog t 5918 REAL AND PERSONAL. PROPERTY. NOTICEOF DETERMINATION Christopher M. Woodruff WELD Assessor 1400 N 17th Ave ` ' GREELEY, CO 80631 CRVI H•AZCO LLC, 301 CONGRESS AVENUE STE 500 AUSTIN, TX 78701 date of Notice: 6/24/2009 Telephone: (970) 353-3845 Fax: (970) 304-6433 Office Hours: 8:00 AM 5'00 PM r:FRE7RHS L2 BLK7 RASPBERRY HILL SUBDIVISION SITUS: FREDERICK 50530 'FREDERICK, CO 80530 . The Assessor has carefully studied all available information, giving particular attention to the specifics included on your protest. The Assessor's determination of value after review is based, on the following: k el • N. LW 6 - The discount procedure for your subdivision has been checked and it is correct based on instructions published by the state,division of:.Prode , akation. �l If you disagree with the Assessor's decision, you•have,the right to appeal to the County Board of Equalization for further consideration, § 39-8-106(1)(a), CA .& Thedeadline for filing real property apgeais i Julyy 15, , The deadline for filing personal property appeals Is July20. The Assessor establishes property values. The local taxing authorities (county, school district, city, fire protection, and other special districts) set mill levies. The mill levy requested by each taxing authority is based on a projected budget and• the -property tax revenue required to adequately fund the services it provides to its taxpayers. The local taxing authorities hold budget hearings In the fall. If you are concerned about mill levies, we recommend that you attend these budget hearings. Please refer to last year's tax bill or ask your Assessor for a listing of the local taxing authorities. Please refer to the: reverse SIde bf this notice for'addiitional`Information. ' ham' s \ DUFF & PHELPS 95017 STREET SUITE 2O00 DENVER CO 80202 15-DP7.M PR 207-08/08 NOD M 6919 County Board of Equalization Hearings will be held from July 1 through August 5 at 915 10th Street, Greeley, CO To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below, and mail or deliver a copy of both sides of this form to: WELD COUNTY BOARD OF EQUALIZATION 915 10TH Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970) 356-4000 Ext, 4225 To preserve your appeal rights, your Petition to the County Board of Equalization must be postmarked or delivered on or before July 15 for real property and on or before July 20 for personal property — after such date, your right to appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with proof of mailing. You will be notified of the date and time scheduled for your hearing. The County Board of Equalization must mail a written decision to you within five business days following the date of the decision. The County Board of Equalization must conclude hearings and render decisions by August 5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of Equalization and you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by September 11. If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of the following: Board of Assessment Appeals District Court 1313 Sherman Street, Room 315 9'0 Avenue and 9r' Street, P.O. Box C Denver, CO 80203 Greeley, Colorado 80632 (303) 866-5880 Telephone (970) 356-4000 Ext. 4520 www.dola,coloradomov/baa Binding Arbitration For a list of arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day, § 39-1-120(3), C.R.S. What is your estimate of the property's value as of June 30, 2008? (Your opinion of value in terms of a specific dollar amount is required oreal property pursuant to § 39-8-106(1.5), C.R.S.) What is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original installed cost, appraisal, etc.) I, the undersigned owner or agentof the property identified above, affirm that the statements po-ntairned rein and on any attachments hereto are true and complete. 7'3-01 Signature Telephone Number Date 1 Attach letter of authorization signed by property owner. 15-DPT-M PR 207-08108 NOO It 5919 REAL AND PERSONAL PROPERTY NOTICE OD OETERNIINATION • Christopher M. Woodruff WELD Assessor 1400 N "17th Ave' GREELEY, CO 80631 2009 tote of Notice: 6/24/2009 'Telephone: (970) 353-3845 Fax: (970) 304-6433 Offi6e'HoUrs: 6:004AM 6:00 PM R302240.5 CRVI H•AZCO LLC x301. CONGRESS AVENUE STE 500 AUSTIN, TX 78701 '1459 FRERHS L4 BLK7'RASPBERRY HILL 'SUBDIVISION SITUS:. FREDERICK 80530 FREDERICK, CO'80530 $49,398 The Assessor has carefully studied all available information, giving particular- attention to the specifics included_ on your protest. The Assessor's determination; of value after review is based on the following: LN16 - The discount procedure for your subdivision hes been checked and it is Correct based on instructions published by the state division -of property taxation. If you disagree with the Assessor's decision( you have the right to appeal to.the County Board of Equalization for further consideration, § 394.106(1)(a), ,The deadline forfilirlg real pfoperty,appealt is,Jul 15. The deadlinefor filing personal:propertyappeals is July.20. The Assessor establishes property values. The local taxing authorities (county, school district, city, fire protection, and other special districts) set mill levies. The mill levy requested by each taxing authority is based on a projected budget and the property tax revenue required to _adequately fund the services it provides to its taxpayers. The local taxing authorities hold budget hearings in the fall. If you are concerned about mill levies, we recommend thatyou attend these budget hearings. Please refer to last year's tax bill or ask your Assessor for a listing of the local taxing*authorities. Please refer to the reverse side of this notice for additional information. e:Y \ ..1 DUFF & PHELPS 95017 STREET SUITE 2000 DENVER CO 80202 15mr-AR PR 20yo59e NOD e: 5920 County Board of Equalization Hearings will be held from July 1 through August 5 at 915 10th Street, Greeley, CO To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below, and mail or deliver a copy of both sides of this form to: WELD COUNTY BOARD OF EQUALIZATION 915 10rN Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970) 356-4000 Ext, 4225 To preserve your appeal rights, your Petition to the County Board of Equalization must be postmarked or delivered on or before July 15 for real property and on or before July 20 for personal property — after such date, your right to appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with proof of mailing. You will be notified of the date and time scheduled for your hearing. The County Board of Equalization must mail a written decision to you within five business days following the date of the decision. The County Board of Equalization must conclude hearings and render decisions by August 5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of Equalization and you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by September 11. If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of the following: Board of Assessment Appeals District Court 1313 Sherman Street, Room 315 9'R Avenue and 9th Street, P.O. Box C Denver, CO 80203 Greeley, Colorado 80632 (303) 866-5880 Telephone (970) 356-4000 Ext. 4520 www.dola.colorado.gov/baa Binding Arbitration For a list of arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day, § 39-1-120(3), C.R.S. What is your estimate of the property's value as of June 30, 2008? (Your opinion of value in terms of a specific dollar amount Is required for real property pursuant to § 39-8-106(1.5), C.R.S.) $ /2412O What is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original installed cost, appraisal, etc.) I, the undersigned owner or agent of the property identified above, affirm that the statements gpntaingd h rein and attachments hereto are true and complete. 7 13 m O7 Signature Telephone Number Date Attach letter of authorization signed by property owner. 15OPT-M PR 207-08/08 NOV M: 5820 REAL AND PERSON/4, PROPERTY NOTICE OF DETERMINATION Christopher M. Woodruff WELD Assessor 1400 N 1 /th'Me" GREELEY, CO 80631.", 2089 Date of Notice: 6/24/2009 Telephone: (970) 353-3845 Pak', (970} 304-64331' ' Office kdurs. '8:00 AM'- 5:00'PM R3922,5°5 1459" ORVI H-AZCO LLC 1.301' CONGRESS:AVENUE STE 500 AUSTIN, TX 78701 FRERHS L5 BLK7 RASPBERRY HILL SUBDIVISION SITUS: FREDERICK 80580 FREDERICK, CO.` 80530 549498 $49,398 49,398.. The Assessor has carefully studied all available information, giving, partIcular attention to the specifics included on your protest The Assessor's determnation of valueafter review is LN16 - The discount procedure for your subdivision hes been checked and it is correct based on Instructions published' by the state division of propetty taxation. If you disagree with th 'Assessor's decisionii you have -the right to. appeal to the County Board of Equalization fat furthsr,Coneideratlon, § 394•106(1)(a), C.R.S.- The deadline for filing real property/appeals"Is July15i,: ' The deadline for filing personal property' appeals Is July 20. The Assessor establishes property values. The local taxing authorities (county, school district, city, fire protection, and other special districts) set mill levies. The mill levy requested by each taxing authority is based on a projected budget and the property tax revenue required to adequately fund the, services it provides to its taxpayers. The local taxing authorities hold budget hearings in the fall. If you are concerned about mill levies, we recommend that you attend these budget hearins., Please refer to last year's tax bill or ask your Assessor fora listing of the local taking authorities.' • Please refer to the reverse side of this'notice fat additld'nnal information, DUFF & PHELPS 950 17 STREET SUITE 2000 DENVER CO 80202 15 -OPT -AR PR 207-05/06 NOD h. 5921 County Board of Equalization Hearings will be held from July 1 through August 5 at 91510" Street, Greeley, CO To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below, and mail or deliver a copy of both sides of this form to: WELD COUNTY BOARD OF EQUALIZATION 915 10TH Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970) 356-4000 Ext, 4225 To preserve your. appeal rights, your Petition to the County Board of Equalization must be postmarked or delivered on or before July 15 for real property and on or before July 20 for personal property — after such date, your right to appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with proof of mailing. You will be notified of the date and time scheduled for your hearing. The County Board of Equalization must mail a written decision to you within five business days following the date of the decision. The County Board of Equalization must conclude hearings and render decisions by August 5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of Equalization and you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by September 11. If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of the following: Board of Assessment Aoueals District Court 1313 Sherman Street, Room 315 9m Avenue and t Street, P.O. Box C Denver, CO 80203 Greeley, Colorado 80632 (303) 866-5880 Telephone (970) 356-4000 Ext. 4520 www.clota.colorarloaLL‘c/b_n_a Binding Arbitration For a list of arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day, § 39-1-120(3), C.R.S. sri 9r , What is your estimate of the property's value as of June 30, 2008? (Your opinion of value in terms of a specific dollar amount is required for real property pursuant to § 39-8-106(1.5), C.R.S.) $ /z1 coo What is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original installed cost, appraisal, etc.) I, the undersigned owner or agent of the property identified above, affirm that the statements ro`ntained.he m and on any attachments hereto are true and complete. iNl VM- Signature Telephone Number Date 1 Attach letter of authorization signed by property owner. 7-43 -O9 15.OPT-AR PR 207-0808 NO0 t. 5921 REAL AND PER$QMLs PROPERTY NOTICE ODETERMINATION Christopher M. Woodruff WEL4 Assessor. ' 1400 Ny7ttiaAve'1' GREELEY, CO 80631, 2059` Date of Notice: 6/24/2009 Telephone: (970) 353-3845 Fax: (970) 304-64'33 Office Ii$urs: 8:00 AM - 5:00 PM' R3822605 CRVI H-AZOO LLC 301 CONGRESS AVENUE STE 500 - AUSTIN, TX 78701 1459'' • ,FRE RHS L6 BLK7 RASPBERRY HILL SUBDIVISION SITUS:'FREDERICK,80530 FREOER1CK, CO80530 ,549,398 49,398,, 849,398 The Assessor has carefully studied all available information, giving particular attention to the spedifics included -on' your protest'. The Assessor's determinationrof value gaffer review is based on the followings LN18 - The discount procedure for your eubdivision has been Checked and it is correct based on instructions published by tha'state,cjivlsioblot prdperty'taxation If you disagree with the ABsessor's decision, you have the right toappeal to the County Board of Equalization for further consideration,' 39-8.705(1)(a), The deadline for filing real property. appeals is July 15,' The deadline for filing personal property appeals IS July 20.3 The. Assessor establishes property values. The local taxing authorities „(county, school district, city, fire protection, and other special districts) set mill levies. The mill levy requested by each taxing' authority' is based on a projected budget and the property tax revenue required to adequately fundthe services it provides to its taxpayers The local taxing authorities hold budget hearings in the fall. If you are concerned about mill levies, we recommend that you attend these budget hearings. Please refer to last year's tax bill or ask your Assessor for a listing of the local iaxing authorities. Please refer to the reverse side of this notice for additional inforration. DUFF & PHELPS 95017 STREET SUITE 2000 DENVER CO 80202 15 -OPT -AR 207-05/08 NW 1k 5922 County Board of Equalization Hearings will be held from July 1 through August 5 at 91510"' Street, Greeley, CO To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below, and mail or deliver a copy of both sides of this form to: WELD COUNTY BOARD OF EQUALIZATION 91510'" Street, P.O. Box 758 Greeley, Colorado 80632 Telephone (970) 3564000 Ext, 4225 To preserve your appeal rights, your Petition to the County Board of Equalization must be postmarked or delivered on or before July 15 for real property and on or before July 20 for personal property — after such date, your right to appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with proof of mailing. You will be notified of the date and time scheduled for your hearing. The County Board of Equalization must mail a written decision to you within five business days following the date of the decision. The County Board of Equalization must conclude hearings and render decisions by August 5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of Equalization and you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by September 11. If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of the following: Board of Assessment Anneals District Court 1313 Sherman Street, Room 315 9`" Avenue and 9"' Street, P.O. Box C Denver, CO 80203 Greeley, Colorado 80632 (303) 866-5880 Telephone (970) 356-4000 Ext. 4520 www.dola.colorado,00v/baa Bindlna Arbitration For a list of arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day, § 39-1-120(3), C.R.S. What is your estimate of the property's value as of June 30, 2008? (Your opinion of value in terms of a specific dollar amount is required for real property pursuant to § 39-8-106(1.5), C.R.S.) $ /21500 What is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original installed cost, appraisal, etc.) I, the undersigned owner or agent of the property identified above, affirm that the statements contained her 'n and attachments hereto are true and complete. �7 13 - b4 Signature Telephone Number Date 1 Attach letter of authorization signed by property owner. 16 -OPT -AR PR 201-0606 NOD 6: 5622 Parcel ,Y Owner Raspberry Hill - Weld County Page 1 2009 Assessed Land 2009 Assessed 2009 Assessed Total Value Improvement Value Value 131323302012 CRVI TXAZCO PORTFOLIO LLC 131323302013 CRVI TXAZCO PORTFOLIO LLC 131323303023 CRVI TXAZCO PORTFOLIO LLC 131323303024 CRVI TXAZCO PORTFOLIO LLC 131323303027 CRVI TXAZCO PORTFOLIO LLC 131323304001 CRVI TXAZCO PORTFOLIO LLC 131323304002 CRVI TXAZCO PORTFOLIO LLC 131323304003 CRVI TXAZCO PORTFOLIO LLC 131323304004 CRVI TXAZCO PORTFOLIO LLC 131323304005 CRVI TXAZCO PORTFOLIO LLC 131323304006 CRVI TXAZCO PORTFOLIO LLC 131323304018 CRVI TXAZCO PORTFOLIO LLC 131323304019 CRVI TXAZCO PORTFOLIO LLC 131323304020 CRVI TXAZCO PORTFOLIO LLC 131323304021 CRVI TXAZCO PORTFOLIO LLC 131323304022 CRVI TXAZCO PORTFOLIO LLC 131323304023 CRVI TXAZCO PORTFOLIO LLC 131323304024 CRVI TXAZCO PORTFOLIO LLC 131323304025 CRVI TXAZCO PORTFOLIO LLC 131323305001 CRVI TXAZCO PORTFOLIO LLC 131323305002 CRVI TXAZCO PORTFOLIO LLC 131323305003 CRVI TXAZCO PORTFOLIO LLC 131323305004 CRVI TXAZCO PORTFOLIO LLC 131323305005 CRVI TXAZCO PORTFOLIO LLC 131323305006 CRVI TXAZCO PORTFOLIO LLC 131323305007 CRVI TXAZCO PORTFOLIO LLC 131323305008 CRVI TXAZCO PORTFOLIO LLC 131323308001 CRVI TXAZCO PORTFOLIO LLC 131323308002 CRVI TXAZCO PORTFOLIO LLC 131323308004 CRVI TXAZCO PORTFOLIO LLC 131323308005 CRVI TXAZCO PORTFOLIO LLC 131323308006 CRVI TXAZCO PORTFOLIO LLC 131323308010 CRVI TXAZCO PORTFOLIO LLC 131323308011 CRVI TXAZCO PORTFOLIO LLC 131323309001 CRVI TXAZCO PORTFOLIO LLC 131323309002 CRVI TXAZCO PORTFOLIO LLC 131323309003 CRVI TXAZCO PORTFOLIO LLC 131323309004 CRVI TXAZCO PORTFOLIO LLC 131323309005 CRVI TXAZCO PORTFOLIO LLC 131323309006 CRVI TXAZCO PORTFOLIO LLC 131323309007 CRVI TXAZCO PORTFOLIO LLC 131323309008 CRVI TXAZCO PORTFOLIO LLC 131323309009 CRVI TXAZCO PORTFOLIO LLC 131323310001 CRVI TXAZCO PORTFOLIO LLC 131323310002 CRVI TXAZCO PORTFOLIO LLC 131323310003 CRVI TXAZCO PORTFOLIO LLC 131323310004 CRVI TXAZCO PORTFOLIO LLC 131323310005 CRVI TXAZCO PORTFOLIO LLC 131323310006 CRVI TXAZCO PORTFOLIO LLC 131323310007 CRVI TXAZCO PORTFOLIO LLC 131323310008 CRVI TXAZCO PORTFOLIO LLC $279 $12 $12 $168 $23 $49,398 $49,398 $49,398 $49,398 $49,398 $49,398 $49,398 $49,398 $49,398 $49,398 $49,398 $11 $35 $35 $49,398 $49,398 $49,398 $49,398 $49,398 $49,398 $49,398 $49,398 $49,398 $49,398 $49,398 $49,398 $49,398 $502 $322 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $279.00 $12.00 $12.00 $168.00 $23.00 $49,398.00 $49,398.00 $49,398.00 $49,398.00 $49,398.00 $49,398.00 $49,398.00 $49,398.00 $49,398.00 $49,398.00 $49,398.00 $11.00 $35.00 $35.00 $49,398.00 $49,398.00 $49,398.00 $49,398.00 $49,398.00 $49,398.00 $49,398.00 $49,398.00 $49,398.00 $49,398.00 $49,398.00 $49,398.00 $49,398.00 $502.00 $322.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 Parcel U Owner Raspberry Hill - Weld County Page 2 2009 Assessed Land 2009 Assessed 2009 Assessed Total Value Improvement Value Value 131323310009 131323310010 131323310011 131323310012 131323310013 131323310014 131323310015 131323310016 131323310017 131323311001 131323311002 131323311003 131323311004 131323311005 131323311006 131323311007 131323311008 131323311009. 131323311010 131323311011 131323311012 131323311013 131323311014 131323311015 131323311016 131323311017 131323311018 131323311019 131323311020 131323311021 131323311022 131323311023 131323311024 131323311025 131323311026 131323311027 131323311028 131323311029 131323311030 131323311031 131323311032 131323311033 131323311034 131323311035 131323311036 131323311037 131323311038 131323311039 131323311040 131323311041 131323311042 131323311043 CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC bRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXA2C0 PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXA2C0 PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC $120 $120 $120 $120 $120 $120 $120 $120 $71 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Moo $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $71.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 Parcel N Owner Raspberry Hill - Weld County Page 3 2009 Assessed Land 2009 Assessed 2009 Assessed Total Value Improvement Value Value 131323311044 131323311045 131323311046 131323312001 131323312002 131323312003 131323312004 131323312005 131323312006 131323312007 131323312008 131323312009 131323312010 131323312011 131323312012 131323312013 131323312014 131323312015 131323312016 131323312017 131323312018 131323312019 131323312020 131323312021 131323312022 131323312023 131323312024 131323312025 131323312026 131323312027 131323313001 131323313002 131323313003 131323313004 131323313005 131323313006 131323308003 131323303026 131323302011 131323303025 CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC CRVI TXAZCO PORTFOLIO LLC Total Total Requested Value $120 $120 $2,070 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $120 $1,975 $2,034 $120 $120 $120 $120 $120 $108 $49,398 $6,308 $309 $403 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $19,165.00 $0.00 $0.00 $120.00 $120.00 $2,070.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $1,975.00 $2,034.00 $120.00 $120.00 $120.00 $120.00 $120.00 $108.00 $49,398.00 $25,473.00 $309.00 $403.00 $1,261,627 $1,280,792 $150,000 2009 Property Tax Summary Colorado Arizona TEB 2008 Total 2009 Total Effective Number Valuation Valuation Tax Rate Traditions (Aurora @ 6th Ave. and E-470) Typical Finished Lots" Typical Unfinished Lots" Typical Tracts Filing S Tract A Filing 2 Tract B Filing 5 Tract F Filing 7 Lot 1 Filing 7 Lot 2 Total Purchase Price 310 $6,138,000 427 54,227,300 70 $21,000 1 $1,446 1 $1,260 1 $326 1 $1,499,000 1. $162,000 737 $12,050,332 $11,102,938 3.83% 3.83% 3.83% 3.97% 3.84% 3.88% 4.06% 3.83% 3.83% $500,000 High Point (Aurora @ 1-70 and Tower Rd.) Typical Fin Lot 204 $5,683,440 Total 204 $5,683,440 $5,196,288 3.87% Purchase Price 3.87% $250,000 Crystal Valley (Castle Rock) Typical $2,776.76 Lots 33 $2,640,000 Typical $3,193.28 Lots 9 $828,000 Total 42 $3,468,000 $3,468,000 3.47% Purchase Price 3.47% 3.47% $100,000 Pleasant Valley (Longmont) Parcel 1 1 $548,100 Parcel 2 1 $372,400 Total Purchase Price 2.44% 2.44% $920,500 $525,500 2.44% $50,000 Raspberry Hill (Frederick) Typical Fin Lot * Typical Unfin Lot " Tracts (See detail) Total Purchase Price 25 $1,042,925 100 $12,000 18 $33,581 125 $1,088,506 $1,261,627. 2.75% 2.77% 6.56% 0.91% $150,000 Subtotal CO Assets 1,108 523,210,778 $21,554,353 Subtotal CO Purchase Price $1,050,000 Eagle Crest (AZ) Typical Fin Lot Typical Unfin Lot Tracts (See detail) Total Purchase Price 182 $1,820,000 $291,200 1.05% 84 $840,000 $134,400 1.05% 2 $108,680 $17,389 1.05% 266 52,768,680 $442,989 1.05% $250,000 Total ALL Assets 1,374 $25,979,458 $21,997,342 Tota Purchase Price $1,300,000 • Finished / Unanlehed lot breakdown on tax rolls does not match actual. First Atneriean Title Ins lrrattec Company National Commercial Services $ Pim1 Amttiem Way • Santa Ana CA 92707 Fvtin,ared Settlement Statement Property: Raspberry Bill, Frederick, CO File No: NCS-367690-SAI Officer: Patty Beverly/Marlene Van Kirkijg New Loan No: Settlement Date: Disbursement Date: Print Date: 9/30/2008, 3:10 PM Buyer: CRY] TXA7CO PORTFOLIO LLC Address: Seller: Melody Homes, Inc. Address: _ do D.A. Horton, Inc., 301 Commerce Street, Suite 500, Fort W odh, TX 76102 Buyer Charge 1 Buyer Credit Charge Description Seller Charge -1 Seller Credit _. ..._._ _ _... 150,000.001 Consideration: Told Consideration 0 ISO,WWU. 27,748.50 Proration!:_ Tema 124 Lon 01/01/08 to 17/31/08 0)527748.50/r _.. 27,748 30 Title/Escrow Charges te: . , 1,25000---- CIwWeFsetow Fee- FhstAmedcaa Tile Insurance Company 1,25000 -- -- _..._. Nohond Cornoerchl Soniem Pouey81aodW ALTA 2006 Owners- Firol American Title ;090.00 Insurance Company helloes! Catatonia! Services Tax Search. PYm Atomlean Title bossesm Company National .725.06 .. _..... Commercial Services,_ 350.00 ' Title imamate company oeet ieo compaasa BeacWPaw Fee. PSely vices 450.00 50eW' Pogry LTA L 2006 Lmder'a-pintAmedrm Title ceCompALTA Insurance Company Nao l Cammerristm Scea 750.00 i Cltnng.Enrow Pahl work charge- First Aowdcan Title 750.00 500.00 , FnNational Cmmecrlial Seniors Titleonee Cee-First Title walk Re-Firss t American Title humanee Company CommoNational rclel Services REFUNDABLE PAD- First American Tido Insurance 500.00 ... :_.... 400.00 C_ompsnyNtional Conmtadil Service Retool Miscellaneous [ice Pine Title Immense 100.00 • CemwanyttatIoan Ontuner_al Sestet IW.W'..._. _.. ••EST••Recotd Wmmaty Decd -Hal American Title _. _....... ImaranceConaeny National Commercial Servloa DocumentaryTauter Tax Cmmry• Pint American Title me I Commercial Services 15,00DooDoormenComyunyNati 20 0buraemea n Paid: 2001Tax 1 sla0mrnl: Amount to Weld Cowrybeumer 14595.59 --- 128,I0I30 C!,p(X From)( To) Borrower _..-.. Cash (X Te)(Fro v) 8r0er _... 99,866 3.911 ISS,BSO.W , 155,85006 Totals ISU,OpOW i ISO,GW.W Notice No. 5 - This Estimated Settlement Statement le subject to changes, corrections or additions at the time of final computation of the Settlement Statement. 'Parties hereby approve property taxes as stated above and release Escrow Holder from all liability regarding same. Rny'adjuetments will be made outside of Escrow with no liability to Rscrow Holder.' lnitlala: Page t of Confirmed From Page I Estimated Settlement Statement Settlement Dale: Print Dale: 9/30/2008 BUYER(S): CRVI TXAZC• -PORTFO Delaw; ;,mw tad liabi' B President File No: NCS-367690-SAI Officer: Patty Beverly/ Marlene Van Page 1 of 1 UAL ESTATE CONTRACT THIS REAL Esmm CONTRACT (this' Contract') is entered to this 30 day ofSeptember, 2008, by and between KDB Homes, Inc., a Delaware corporation ("KDB") and Melody Homes, Inc., a Delaware corporation ("Melody') (collectively or individually, as amopdate, "Seller")and CRVI TXAZCO Portfolio, LLC, a Delaware limited liability company Buyer"), who, for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which Buyer and Seller each acknowledge, agree as follows: 1. SALE: PROPERTY. The Land, as defined below, includes real property in the subdivisions commonly known as Crystal Valley, High Point, Pleasant Valley, Raspberry Hill, Riverbend Crossing, and Traditions (individually "project" and collectively "Proiegtg"). Buyer acknowledges that KDB owns Parcel I of the High Point Project, and that Melody owns the remainder of the Land. Notwithstanding anything in this Contract to the contrary, KDB shall have no obligations or liabilities under this Contract or otherwise with respect to any ofthe Lend other than Parcel] of the High Point Project, and Melody shall have no obligations or liabilities under this Contract or otherwise with respect to Parcel I ofthe High Point Project. A default by Buyer In its obligations under this Contract to one Seller shall constitute a default by Buyer with respect to both Sellers. Seller agrees to sell and convey, and Buyer agrees to purchase and pay for the following described Land and the ap ces and improvements and Development Rights described in this Section (all ofwhich are rred to in this Contract as "Property"), the land being described as follows (the "Lana"): Those certain lots, tracts and reels of land as more particularly described on ' " "attached hereto. (a) An urtenancee. The Property includes all of Seller's rights and appurtenances to the Land. (b) Improvements. The Property includes all of Seller's rights, if any, in and to any and all buildings, structures, fixtures, improvements constructed in connection with the development of single family residential lots on the Land, Including without limitation, streets, utility lines, drainage and stonnwaterinfrastrucune, other inflashveture, entry gates, monuments and landscaping or other improvements located on the Land. (c) contracts and Agreemen(a. The Property includes the C&D Contracts as described in Section 8(b), if any, and the Assigned Property Agreements described in Section 8 (t1, if any. (d) Development RIAU. Seller agrees to assign and transfer to Buyer at Closing, without warranty or recourse of any kind and on an "AS IS, WHERE IS, WITH ALL FAULTS" basis, to the extent assignable, Seller's right, title, and interest, ifany, to the Development Rights. The term "Development Rights" means any and all applications, permits, approvals, and licenses related to the development of the Land and construction of improvements thereon; utility service commitments, rights, allocations, taps, and connections; living unit equivalents; capital improvement contracts; utility construction agreements with municipal or other public or private utilities (including any municipal utility or other special districts); regional detention rights; rights under any traffic phasing agreements or similar contracts; rights under zoning cases, preliminary plans, plats, and other development approvals; rights to receive or install water, wastewater, electricity, gas, telephone, telecommunications, drainage, or other utilities or services; rights to build, construct, or install streets, driveways, or other access to the Land; and all other development rights, powers, privileges, options, or other benefits associated with, that pertain to, are attributable to, are appurtenant to, apply to, or which otherwise benefit the Land including without limitation all easement rights for access and easement or other rights to construct off -site utilities required in connection with the development of the Property Chut expressly excludingany development rights, powers, privileges, options, or other benefits that solely pertain to, are attributable to, are appurtenant toall of applyto are expresslor which yreservedby Sese benefit ller). r &"Deved elloppmed e t Rights"lnot does not includect to e, and Seller (eelt1274.DOC:7) will not assign or convey, any of Seller's right, title, or interest in any architectural plans or other designs, drawings, plans, or specifications for houses or other dwelling units ("House Plans"). Development Rights which may also pertain to or are appurtenant to both the land and other land owned by Seller which is not subject to this Contract ("Shared Development Rights") shall be subject to a non-exclusive assignment and license, as more fully set forth in this Contract (e) Aeclaranes Riots. The Property includes all rights, ifany and to the extent assignable, of Seller (or any affiliate of Seller) as declarant under any master declaration or restrictive covenants that have been filed of record and which affect the Land, as amended (collectively, the "Declarants Rights'), subject to reservation by Seller of certain Declarant Rights as described in the assignment and assumption agreements for such Declarant Rights to be executed at Closing, (9 Trade Names: Marketine Matgdp4, Seller shall assign to Buyer all of Seller's interest m any trade names, trademarks and hade styles which are used solely and only in connection with the Property and which are identified onExhibit "A-1" (including any such rights of Seller under common law, if any) and any marketing materials which are used solely and only in connection with the marketing of the Property, including all displays located in any information center or model homes acquired by Buyer hereunder. The Property does not include any trade name, trademark, servicemark, orright to use the D.R. Horton name or brand or any otherrelated brand or name or the trade name, trademark, service mark, or other rights with respect to any other Seller Party, and Buyer shall have no rights to use any such trade names, trademarks, service marks,or other rights. (g) Mineralspxcluded. Notwithstanding the foregoing, the "Property"does not include any right, title or interest in or to any Minerals (as defined below). Buyer acknowledges that Seller has previously conveyed (or shall convey prior to Closing)to Inc. ("DRHE") all right, title and interest of Seller in and to all Minerals in, on, under or that may be produced from the Property, and all royalties and executive rights related to the Minerals and/or Property. Such conused ithis nf s to DR nerals" aEshallchall onsttuieaPPermitted tr ittedE all �(�na� deffned). As ores and other substances, and any geothermal energy and geothermal substances es and, and o mineraland s, groundwater and other subsurface water of any kind or nature, that now win the future are locatedin whole or in part, in, on, and under, and/or that may be produced t}om the Property. 2. DetJNBE Timm. The following terns shall have the meanings indicated in this Contract: (a) Associatiog. The term "Association" means any homeowners or property owners association existing with respect to the Property under any declaration of covenants, conditions, and restrictions or other instrument encunmbcnng the Property or any portion thereof, whether one or more. (b) Buyer Patties. The term "Buyer Parties" means any parent, subsidiary, or affiliate entity ofBuyer and each such entity's and Buyer's employees, officers, directors, members, managers, shareholders, partners, attorneys, agents, and representatives and their respective heirs, successors, and assigns. (c) Claims The term "Claims" means any and all claims, obligations, actions, causes of action, suits, deceits, liens, liabilities, injuries, damages, judgments, losses, demands, orders, penalties, settlements, costs penalties, forfeitures and expenses of any kind or nature whatsoever (including, without limitation, attorneys' fees and costs and all litigation, mediation, arbitration and other dispute resolution costs and expenses), and expenses ofenforcingany indemnification, defense or hold harmless obligations under this Contract, and regardless of whether based on tort, contract, statute, regulation, common law, equitable principles or otherwise. (d) Environmental 7,pw1. The term "Environmental Laws" means any local, state, or Federal law, statute, code, ordinance, rule, or regulation pertaining to environmental (001512x.noc r) 2 regulation, contamination, clean-up or disclosure or otherwise relating to public health and safety, including, without limitation each of the following, as the same may be amended from time to time, and all regulations promulgated thereunder: (i) the Resource Conservation and Recovery Act of 1976 (42 U.S.C. §6901 gat), as amended by the Used Oil Recycling Act of 1980, the Solid Waste Disposal Act Amendments of 1980, and the Hazardous and Solid Waste Amendments of 1984 ("RCRA' ; (ii) the Comprehensive Environmental Response, Com nation and Liability Act of 1980 (42 U.S.C. 49601 dgeq), as amended by the Superfund Amendpmeen of 1986 ("CERCLA"); (iii) the Toxic Substances Control Act (IS U.S.C §2601 and u �onAct the Endangered Species Act (15 U.S.C. 41531 g( r,, ); and (v) laws, statues, ordinance;, rules, regulations, orders, or determinations relating to "wetlands", including without limitationthoseset forth in the Clean Water Act (33 U.S.C. § 1251 el rig). (e) Governmental Aneen;les. The term "Governmental Agency" means the United States afAmedca, the State of Colorado, the county and city (if any) in which the Property is located or otherwise having jurisdiction over Seller and/or the Property; any municipal utility district, water control end improvement district, or other statutory district or taxing authority in and/or which the the Property; (or any portion thereof) is located or otherwise having jurisdiction over Seller and/or any agency, department, commission, board, or bureau ofinsbumentatity of any of the foregoing, including ng without limitation the FHA, the VA, the Army Corps of Engineers, the Federal Emerg cy anagementAgency,theEnvironmentalProtectionA the Colorado Department of Public Health and Environment. BcoaY, and materials substances,(1) if nd1dops late old• The term "Hazardous Materdals" means any materials, withoutorwastes identified in any way under any Environmental Laws, including thereunder; limitation ; (ii) () any "hazardous waste" as defined by RCRA, and regulations any "hazardous substance" as defined by CERCLA, and regulations promulgated thereunder; (hi) any toxic substance as defined under or regulated by the Toxic Substances Control Act; (iv) asbestos, polycl lorinated biphenyl!, radon, or explosive orradioactive mals;; () un v) underground and aboveground storage tanks, whether empty, filled orpartially filled any substance, including without limitation any petroleum product or any other "hazardous substance"; (vi) any materials, substanceswr wastes that are toxlq ignitable, corrosive or reactive and Properly is prohibited by any that are regulated by any Governmental Agency; (vii) any substance the presence of which on the ro perly its prohibited by any Environmental Laws and (viii) any other substance which by any t .taws requires special handling or notification of any Governmental Agency In its collection, storage, treatment, or disposal. (g) Party: Parties. The term "Party" means Buyer and/or Seller, as the context may require, and"Parties" means Buyer and Seller. (h) seller Parties. The term "Seller Parties" means any parent, subsidi affiliate entity of Seller and each such entity's and Seller's employees, officers, directors, members o, managers, shareholders, partners, attorneys, agents, and representatives and their respective heirs, successors, and assigns. 3. PURCAASEPRICs. Subject to the conditions of this Contract, Buyer p Seller at Closing the sum eeoyyfthe following: 5100,000 for Crystal Valley; $250,00agrees or High Point 5500,000 forTraditionleasant ufor $150,000 totll S1,1for Raspberry 0,000 ("Purchas$100,000 ifor Riverhead amount uo; and Purchase Price shall be paid in cash at the Closing. ) The total of the 4. TITLE COMMITMENT AND t SURVEY. tle Commitments (a) foTitle Insurance issued by Fiirstrhas American Title and reviewed the any ("Title Company") pertaining to the Property: Crystal Valley — Commitment No. 367688 withtla Commitment Date of September 4, 2008; High Point — Commitment No. 367689 with a Commitment Date of September 3, 2008; Pleasant Valley — Commitment No. 367691 with a Commitment Date of September 9, 2008; Raspberry Hills — Commitment No. 367690 with a (00181274. x7C; 7) 3 Commitment Date of September 5, 2008; Riverbend Crossing — Commitment No. 254410219323- 210 -DT, Amendment No. 2 with a Commitment Date of September 22, 2008; Traditions Filing No. 1— Commitment No. 367693-4 with a Commitment Date of September I I, 2008; Traditions Filing No. 2 — Commitment No. 367693-3 with a Commitment Date of September 11, 2008; Traditions Filing No. 4 — Commitment No. 367693-2 with a Commitment. Date of September 12, 2008; Traditions Filing No. 5 — Commitment No. 367693-1 with a Commitment Date of September 5, 2008; and Traditions Filing No. 7 — Commitment No. 367693 with a Commitment Date of September 5, 2008 (collectively, "Title Commitments") pertaining to the Property. (b) Sorvev. Buyer has received and reviewed surveys related to the Property ("Survey") Identified asepart t(of�the Seller information (as defined below). the Title Commitments shall be hereafter collectively rons The eferred ed to as PermII matters listed on eddErc ule pu n3'eof 5. iINSPBq'xON. & INFORMATION. Buyer acknowledges that Buyer has had an opportunity to inspect the Property, that Buyer has received and reviewed the Seller's Information and the Environmental Report described below, and Buyer has detennined that the Property is acceptable to Buyer. (a) Seller's Information. Seller has previously provided access to information in Seller's actual possession regarding i) the soils and geological condition of the Property, (ii) the availability and status of utilities, (iii) any prior surveys, including topographical surveys, and (iv) status of title (such information and any other information given to Buyer' Seller's Information'?. Seller is wider no obligation or duty to provide any infomnation regarding the Property which rs proprietary or otherwise privileged or confidential (which proprietary nature, pnvilege, or confidentiality shall be determined by Seller) and/or which Is intended solely for Seller (e.g., House Plans). (b) $nvironmentalltenort. Prior to the Effective Date, Seller delivered to Buyer or made available to Buyer as part of Seller's Information (and Buyer acknowledges receipt of) of certain environmental reports (the "Environmental its") based on the environmental due diligence undertaken by Seller when it acquired the Lend. Notwithstanding any other revision in this Contract, Seller makes no representations or warranties with respect to the accuracy or completeness of the Environmental Reports. Buyer acknowledges that Seller is providing the Environmental Reports as an accommodation only and (absent a reliance letter or agreement between Buyer and the Environmental Consultant, for which and under which Seller shall have no liability or obligation to Buyer or any Buyer Party) Buyer is not relying on the Environmental Reports and has undertaken or will undertake its own environmental due diligence investigation with respect to all matters relating to the Property. The Environmental Reports are part of Seller's Information. (c) Agreements and Disclaimera. Buyer acknowledges and agrees that certain documents, materials, and other information provided to Buyer pursuant to this Contract or at Buyer's request or otherwise, whether prior to execution of this Contract or otherwise, may be proprietary and confidential in nature, including without limitation portions of the Seller's Information. The Seller's Information is subject to any separate confidentiality agreement or non- disclosure agreement executed by Buyer (or any Buyer Party) and Seller (or any Seller Party). Buyer also acknowledges and agrees that Seller will not provide and is under no obligation or duty to provide any information regarding the Property except as expressly set forth in this Contract. Seller makes no representations or warranties as to the accuracy or completeness of any of Seller's Information (except as expressly set forth in this Contract), and Buyer hereby agrees that Buyer has relied exclusively on Buyer's own investigation and inspection of the Property in determining to proceed with the purchase of the Property. (osnsmr.DOC; 7) 4 6. SELLER'S REPRESENTATIONS. WARRANTIES. AND COVEt4tNTg. (a) conyevapee of Property. Seller shall convey the Property to Buyer at PClosing subject only toe Permitted Exceptions with no parties in possession ofany portion of the ermitted sit seism hereundetenants at sufferance,Tin V r trespassers except tenants under leases constituting of the Special Warranty Deeds shall fulfill Seller's obligations under this Section 6(a). (b) Seller's Authorlte. Seller represents and warrants that the persons signing this Contract on behalf of Seller have the fait right, power, and authority to execute this Contract on behalf of Seller (subject to and as more fully set forth in Section 23). The execution, delivery, and performance ofthis Contract, and the consummation of the transactions contemplated hereby do not conflict with, result in a violation of or constitute a default under any provision of Seller's constituent documents. The execution, delivery, and performance of this Contract, and the consummation of the transactions contemplated hereby, do not conflict with, result in a violation of, or constitute a default under (A) anyprovision ofSeller'sconstituent documentsor any aweernet or other instrument binding upon Seller, or (B) except as disclosed in ' 'Glaw, govemmental repletion, court decree or ogler applicable to Seller. There are no attachments, executions, or assignments for the benefit of creditors, or voluntary or involuntary proceedings In bankruptcy or under any other debtor relief laws pending or threatened against Seller or contemplated by Seller. (c) Environments[. Seller represents and warrants to Buyer that to Seller's knowledge, except as disclosed in the Environmental Report and other Seller's Information, Seller has received no written notice or report indicating the presence on the Property of Hazardous Materials violating Environmental Laws. (d) $pLineation. Except as disclosed in this Contract, any exhibithereto, or as part of Seller's Information, Seller represents and warrants to Seller's knowledge, that there is not action, suit,arbitration proceeding, or claim presentlypending in any court or before any Governmental Agency or before Seller's title, use, itratio `tribunal or panel, affecting the (t) the Property or any portion thereof; obligations ndr this operation, acm ownership of the Property, or (iii) Seller's ability to perform its t. (e) No Condemnation. Except as expressly set forth in this Contract or any exhibit hereto, the Title Commitments, or as part of Seller's Information, Seller represents and warrants that Seller has not received any written condemnation notice from any Governmental Agencyder baying jurisdiction over the Property that the Property is presently the subject of any conon, eminent domain, or similar proceeding or charge, and to Sellar's knowledge no such condemnation, eminent domain, or similar proceeding or charge is currently threatened. lxowledgt"me ens the current,knedge. For purposes of this Contract, the term "Seller's mde ant inquiry and cunt, actualut any oEdward P. Perez and Jonathan Wayne, without imputed to Seller from any other y implied duty to inquire, and does not include knowledge Seller and in a capacity as anofficer�oroemployee n. The fSellerorone ormore d individuals are oofSellerParties for and on band isin no manner expressly or impliedly making any representations or warranties in an individual c pv dyBuyerwaivesanyrighttosueortoseekanypersonaljudgmentorclaimagainstthenamed survive the Closinng and conveyance oe f the Pop andwarrantiesperiod of six f (6 lmnt provided.herein shall 7. BUYER'S REPRESENTATIONS. WARRANTIES. AND COVENANTS. (a) Euver'sAuthority. Buyer represents and warrants to Seller that the person signing this Contract as Buyer has the full right, power, and authority to execute this Contract on behalf of Buyer, and to carry out Buyer's obligations, including the purchase of the Property as (osran7r.oce 7) 5 provided in this Contract, without the joinder of any other person. The execution, delivery, and performance oft is Contract, and the consummation of the transactions contemplated hereby, do not (i) conflict with, result in a violation of, or constitute a default under (A) any provision of Buyer's constituent governmental regulation, or any agreement or other instrument binding upon Buyer, or (B) any law, regulation, court decree or order applicable to Buyer, or (ii) require the consent, approval or authorization of any third party. There are no attachments, executions, or assignments for the benefit of creditors, or voluntary or involuntary proceedings in bankruptcy or under any other debtor relief laws pending or threatened against Buyer or contemplated by Buyer. (b) Buyer agrees to pay, and hereby expressly assumes, any and all rollback, open space, agricultural, or similar ad valorem tax assessments and penalof the Property attributable to or arising from any "open space" or "agricultural" or other ownership therrr tyssge nofyrpp� prior to and/or after the Closing, whether due tspecial change in after or u and regardless ropy or otherwise, whether occurring before, concurrently with, or after the h Closing, g, penalties of whether or not such taxes or assessments (and any interest Buyeon and/omtandagp g thereto) are assessed, due, and/or payable prior to Closing. , Closing and continue after the Closieement to ng. (c) assessments, penalties. and interest shall survive Patriot Act. Buyer is in compliance with the requirements of Executive Order No. 133224, 66 Fed. Reg. 49079 (Sept 25, 2001) (the "Ord requirements contained in the rules and regulations of the Office of Foreign and Assets sr o trot, DepartmentoftheTreasury('' Control, regulations in respect OFACraninuchoth rrul legislation r orders are collectivelycal the "Orders"). Order andhhotherrbles, cialownerlegislation,orsldeesam the sBlock NeitherBuyernor Personsany List beneficial owner °PAC is tto he Designated Nationals and Blocked List maintained by OPAC pursuant to the Order and/or on any other list of terrorists or terrorist organizations maint imed pursuant to any of the rules and regulations of OFAC or pursuant to any other applicable Orders (such lists arc collectively referred to as the "Lists"; (2) is a person who has been determined by competent authority to be subject to the prohibitions contained in the Orders; or (3) is owned or controlled by, or competent is for or on behalf fort authority to be subject }o the the Lists or any otherpeson who has been determined by blprohibitions contained in the Orders. BUYER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SELLER AND THE SELLER PARTIES FROM AND AGAINST ANY AND AU. CLAIMS ARISING FROM OR RELATED TO ANY BREACH OF THE FOREGOING REPRESENTATION AND WARRANTY. of Seller's employees $elicitq�jqp ofE)n i Buyer agrees that Buyer will not: (1) contact of Seller's y�eitherdlrectly or�i �eptwithSelier'spermission,or(2)solicitfoprr employCl ypersonnel known byBuyer tobeacurentemployee ofSeler. This covenant shall Closing and delivery of the Deeds. 8. MUTUAL CQVENANTS & PROPERTY SPECIFIC PRf WxsxON,4. (a) Onetime: Ob gafons. Buyer shall assume, in writing, at Closing all of Seller's obligations, past, presentanci as owner of the Property and develooftheLand and all other obligations, duties, and liabilities associated with the Development Rights (collectively, "Developer ns�and shall be responsible for the performance ofail Developer Obligations urant development Development ons any and all other existing and future agreements, permits, ordinances, laws, rules,approvals, zoning, environmental or lam! development Governmental Agencies, regulations and conditions of approvals of any and all applicable g , but not limited to the completion of subdivision improvements and amenities, and financial support for any Association, such as funding deficits of such Association(s) (the "Assumed Dudes"), the foregoing notwithstanding, the Derl9er Obligations and Assumed Dudes do not and will not Include the obligations and duties closer* ed on 1 . NOT IN LIMITATION OF ANY OTHER COVENANTORAGRP.EMENTTO INDEMNIFY SELLER,BUYER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS SRI I,ER, AND THE SELLER PARTIES FROM AND AGAINST ANYANDALL CLAIMS ARISING OUT OF OR RELATING IN WHOLE OR IN PART TO ANY VIOLATIONS, PAST, (00r1I27N.DOC: 7) 6 PRESENT OR SUTURE OP ANY OP THE ASSUMED DUTIES. In the event Seller retains any real property or lots within the subdivision(s) in which the Property or any portion thereof is located and Seller retains any obligations under any C&D Contracts, Assigned Property Agreements, or Development Rights with respect to such real property or lots not conveyed to Buyer, then Buyer's indemnification obligations under this Section 8(a) shall not extend to any Claims arising out of or relating in whole or in part to any acts or omissions by Seller or any Seller Party under any C&D Contracts or Assigned Pro Closing. At any tune after Closing, Seller may, t hits oresptit on, seek any a rrelease from its liabilityment Rights after or obligations under any of the Developer Obligations assumed by Buyer. Buyer shall cooperate reasonably and in good faith with Seller to accomplish such release (including taking such actions and executing such documents as reasonably requested by Seller), but Buyer shall not be required to incur any cost or expense in doing so, and Buyer shall not be obligated to assume or incur any obligation or liability not otherwise required by the tenns of this Contract or the assignments and assumptions executed by Buyer at Closing. This Section 8(a) shall survive Closing. (b) Asalanme t of Co dructtora.a t_Rdated contracts and Warranties. To the extent assignable, Seller agrees to assign to Buyer at wing, on a non- exclusive basis (i) its rights to any product and construction contracts and warranties received by St item third parties relating to the Property and its development and construction of improvements thereon, including, without limitation any contracts and warranties received from any engineers, architects, consultants, contractors, and subcontractors, and any contracts and agreements set forth on Exhibit "D" (the "C&D Confronts"), and, (ti) its rights and remedies under the C&D Contracts for Claims related to the Property, including but not limited to, the right topursue claims against the insurance provided under such contracts; provided however, Seller will not assign and shall expressly retain any and all Claims of Seller against Seller's environmental consultants, and Buyer covenants and agrees not to sue Seller's environmental consultants for any reason under any circumstance related to this Contract or the Property, except pursuant to any reliance letterorsimilar separate agreement executed by Buyer and the environmental consultant If Seller is unable to assign any of its rights and/or remedies as provided under this paragraph, Seller shall reasonably cooperate with Buyer in pursuinsuch remedies applicable tot e Proon behalf ofBuyer (with any Seller)tenantsaccruingy pBuye, ume Buyer shall dies for the remainder -pofcosts incurred by subdivisions? retained by Seller and not sold to Buyer hereunder, Seller property min on a non- exclusive basis therights under the C&D Contracts to the extent required by Seller in order to pursue claims against such third parties. This Section 8(b) shall survive Closing without any period of limitations. , orthe assi (c) . Notwithstanding the assignment ofl)eveloperObligations 8nmentofDevelopmentRI ts, Seller shall retain all rights to reimbursements, payments and/or refunds of money from any party arising out of or relating to any work performed by Seller or deposits made or limners spent r to Closing. If, eitherprior to or subsequent Closing, Buyer receives or is entitled �to any credit, rebate, o9uent to in amounts otherwisepayable by Buyer as a result of %r, omburagmprevi uslypaidby Seller, or asaresultofanyqwork any 'vepceya,oum edbySreer(coypaiv ly 'Sellers Retained Benefits"), Buyer cooperate with previously assumed by getterocoll collect the Retained Benefits and shhaalll execute such documents as may be reasonably necessary for Sellereto realize the Seller's Retained Benefits. In the event all or any portion of Seller's Retained Benefits are paid to or realized by Buyer, Buyer will pay such amounts to Seller within ten (101 days after receipt of such amounts by Buyer. If any such amounts due under this Section art notpaid to Buyer, Buyer will cooperate with Seller and complete any applications and assignments of rights to receive credits required in order for Seller to obtain reimbursement of such amounts. Any assignment to Buyer pursuant to this Contract shall be subject to Buyer's obligations under this Section 8(c), and this Section 8(c) shall survive the Closing. (d) Imnaet Feea. To the extent assignable, Seller shall assign at Closing all traffic, water, sewer, police, fire, recreation, park or any other service or use impact fee credit (the (001$IYN.DOC; Tt "Impact Fee Credits"), if any, that Seller possesses or is entitled to that are applicable to the Property (but not as to any other property owned by Seller), and which are identified on Exhibit "A-2". Seller shall provide to Buyer, at Closing or within a reasonable time period thereafter a letter from the appropnate Governmental Agency or Seller's engineer or such other reasonable evidence establishing the amount of Impact Fee Credits which are applicable to the Property and the assignability of the Impact Fee Credits. At the Closing Seller shall execute an assignment in form sufficient to assign the Impact Fee Credits to the extent assignable, which shall provide that Seller shall continue to reasonably cooperate with Buyer after Closing to effect an assignment of the Impact Fee Credits which cooperation shall include the execution of any documents that the Governmental Agency or utility provider which issues the Impact Fee Credits may reasonably require. This Section 8(d) shall survive the Closing. (e) Ruth. Prior to the date of this Contract, Seller has obtained and delivered those certain bonds, letters o credit, other fiscal security, and other improvement security identified on Exhibit("Bonds"? to and for the benefit of the Governmental Agencies or the third parties identified on bit "B" or in the Bonds (the "Obligees"). t shall deliver to the Obligees replacement bonds, etters osing or within one hundred twenty (orpo)theisecuritys accClosing, toBuyer the applicable Obligee and in a form satisfactory aace ceptable to the from a surety or sureties which Ware reasnablltshctooreytoSeller ("ReplacementBonds"). At Closing, Buyer shall execute and deliver a deed of trust to be recorded in a first lien position against the P.opei ty (subject only to the Deed of Trust) and securing Buyer's obligations contained in this Section 8(e) (the "Bond Deed of7FusP). As soon as araeticableafterClosing, Buyer and Sellersball deliver the Replacement Bonds to each Obligee thereof, and thereafter Buyer and Seller shall continuously and diligently use commercially reasonable efforts to cause such Obliliees toaccept the Replacement BodsandtocausetheBondstobereleasedanddxoneated. Seller will also cooperate with with.BuyerinBuyer'seffortstoobtainanyneworplacementsubdivisionconstructinameements or development agreements withthe applicable Obligee and Seller's release from liability under such existing agreements. Seller shall additionally cooperate with Buyer, at no out of pocket/cost to Seller, to obtain the applicable Obligee's approval to thereduction orrelease of the Bonds smiler the Replacement Bonds after the Closing in connection with any work performed or constructed by Seller prior ClosingorpaymentsmadebySellerwithrespecttotheBondspriortotheClosing. The amount secured by Bond Deed of Trust shall be reduced in an amount equal to the then current principal amount of each released Bond. released andexonerated,((iime Commencing upon eo rtes to losing and continuing until each of the Bonds are Y Y B () pay all (or Buyer's promtaportion,asdescribed below) premium costs of or fees related to any Bonds that have not been released; and (B) INDEMNIFY, DEPEND AND HOLD SELLER HARMLESS FROM AND AGAINST ALL CLAIMS (OR BUYER'S PRORATA SHARE OF SUCH CLAIMS IF SELLER RETAINS OTHER PROPERTY WITHIN THE SUBDIVISION IN WHICH THE PROPERTY IS LOCATED) TO THE EXTENT ARISING FROM OR RELATING TOANYCLAIMSOR DRAW UPON THE BONDS. In any case, Buyer's indemnity obligations under this Section 8(e) shall not apply to any Claims for costs that Seller failed to pay to its subcontractors and consultants for work occurring prior to Closing. (iii) Post Closing and prior to Buyer's replacement of the Bonds (and including any Bonds covered by subsection 8(e)(v) below and any Split Bonds coveted by subsection 8(eXvi), if required by the issuer ofsuch Bonds, Buyer (A) will also indemnify, defend and hold such Bond issuer harmless from and against all Claims (or Buyer's prorate share of such Claims if Seller retains other property within the subdivision in which the Property is located) to the extent arising from or relating to any claims or draw upon the Bonds, (B) sign direct indemnity agreements and other standard form agreements as required by the issuers of the Bonds, and (C) will immediately grant Seller and any issuer of an applicable Bond access to the Property in the event of a demand for performance or other breach of the provisions of a Bond. (00151274.DOC; 7) (iv) With respect to any Bonds that apply solely to a phase or section of the Property, Seller shall, upon request of' Buyer, execute and deliver to Buyer a partial release of the Bond Deed of nest as to such phase or section when all of the Bonds applicable, in whole or part, to such phase or section are released, (v) In the event that the Obligee and/or the issuer of the Bond requires Seller to maintain its Bond, Seller agrees to maintain the Bond, Buyer will not have to deliver a Relacement Bond with respect to such Bond, and Buyer will pay the Bond premiums and other costs for such Bond. With respect to any Bonds covered bbfy this subsection, Buyer and Seller shall cooperate with each other and use ondIssuerinorderforrSe�erl rtomaintareasointheBondasproovide efforts to deedherein�o��uethesenia d acceptance of Replacement Bonds. pursue consent to and (vi) In the event that the Bond covers work on the Property and other property owned by Seller and not sold to the Buyer (in this subsection, a "4o/tt Bond'), Seller agrees (A) to maintain the Split Bond, (B) Buyer will not have to deliver a Replacement Bond with respect to such Split Bond, and (C) Buyer will share in The SplitBond retruums prorate based upon remaining work to be performed with respect to the Property, and the Buyer's indemnity under this Section 8(e) and the Bond Deed of Trust will continue. With respect to any Split Bonds, Buyer and Seller shall cooperate with each other and use commercially reasonable efforts to obtain the necessary consents from the applicable Obligee and Bond issuer for the replacement of the Split Bond with (1) a Replacement Bond issued on behalf of Buyer to secure Buyer's obligations with respect to the Property, and (2) a bond issued on behalf of Seller to secure Seller's obligations with respect to the property owned by Seller and not sold to Buyer. (vii) If Buyer fails to reimburse Seller within the time contemplated herein, in addition to any other remedies of Seller under this Contract, Seller shall be entitled to interest on the amount due computed at eighteen percent (18%) per annum or the highest rate authorized law, whichever is lesser. by (viii) If Seller has posted a bond, letter of credit, other fiscal security, or other improvement security which is not set forth on 'butwhichsecureswork performedorto be e performed with respect to the Property, then Buyer agrees that Seller (at Seller's sole cost and expense) will have the right to enter upon the Property and perform such work and other activities as may be necessary to perform and discharge the obligations secured by such other bond, letter of credit, other fiscal security, or other improvement security. (ix) This Section 8(e) shall survive the Closing(withoutanyperiodoflimitations and delivery of the deeds of conveyance. ) the Pm is (f) M sp e a ed Property Aereemen . Seller is a party to, beneficiary of, and/or „ Properly subject the greements, contracts, 'nutriments liistedand described onabibit (the "Assigned Property Agreements"), which Assigned Property Agreements are part of the Developer Obligations. At Closing, Seller shall assign and transfer to Buyer, to the extent assignable, Seller's right, title, and interest in, to and under the Assigned Property Agreements and all of Seller's duties and obligations under and pursuant to the Assigned Property Agreements, and Buyer shall accept and assume the Assigned Property Agreements and all of Seller's duties and obligations thereunder, pursuant to the Assignment and Assumption Agreement to be executed by Buyer and Seller at Closing. The costs of recording any assignments or other documents related to the Assigned Property Agreements shall be paid by Buyer. • (g) Disclosures. Sellerbereby discloses to Buyer, and Buyer acknowledges and agrees to, the Buyer acknowledges matters set forth o gas and ag rees " attached hereto and Incorporated herein (the "property Property Disclosures. that it is acquiring the Property subject to the 100181274.n0c; 7) Closing: (h) Shared Derelonrrlent Rights. Seller and Buyer agree to cooperate in such manner as may be reasonably necessary in order for both Buyer and Seller to obtain the necessary and Intended benefits of any Shared Development Rights. Seller shall I (ii) assign to Buyer an undivided interest in, or(iii)providetoB (eball}milarriign hBuuse, any Shared Development Rights. Buyer Seller Buyer a license or unlike any to use, n which would adversely impact acor imair the other ��s use aofaor benefitsunderwill theyShaateedd Development Rights. Survival survlvelhaClos))igan deal (vac. Allof ewe ttsaobligations ofBuyerunderthis Section 8shall conveyance without any period of limitations. 9. Qat The consummation of the sale and purchase of the Property contemplated by this Contract (e "C o ing") shall occur on or before September 30, 2008 (the "Closing gal. The Closing shall occur in the offices of Jackson Walker L.L.P. in Dallas, Texas. Buyer acknowledges that (i) them are unique factors that will impact the economic consequences of this transaction to Seller if this transaction closes prior to the expiration of Seller's 2008 fiscal year on Se ptember 30, 2008; (ii) the Closing Date prior to the expiration of Seller's 2008 fiscal year on September 30, 2008 is a material part of the consideration to Seiler for the sale of the perty to Buyer at the Purchase Price; (iii) Seller would not agree to sell the Property toBuyer ifBuyerdidnot age to a Closing Date prior to the expiration of Seller's 2008 fiscal year; and ( ) any delay in the Closing Date shall be deemed to be material, regardless of the time parted of such delay. gly, Buyer agrees that if the Closing does not occur on or before the Closing Date due to any reason other than Seller's non-performance ofits material obligations hereunder, Seller may, in its sole and absolute discretion, terminate this Contract and exercise any and all rights and remedies of Sellerprovided far in this Contract at law or in equity. (a) Proration of ;es and Other Roma. All real estate taxes relating to the Property for the year of the Closing shall be prorated as of December 31, 2008 (subject to Buyer's covenants with regard to the payment of rollback taxes). If the amount oftaxes for that year are not known at the time of Closing, the promtions shall be based on an estimate of the taxes for the year of Closing based on notices of appraised values and estimated tax rates, if available, or upon the tax rate for the preceding year applied to the latest assessed valuation. Any diflbrence in actual ad valorem taxes for the year of sale actually paid by Buyer shall be adjusted between the parties after the Closing upon Seller's receipt of written evidence of the actual amount of ad valorem taxes paid by Buyer after the Closing for the year of the sale. All Association dues or other similar dues and assessments shall be prorated as of the date of Closing (regardless of whether such dues or assessments are due or whether or not they are paid mon hiy, quarterly, annually, or on some other periodic basis), and no adjustment or re -proration will be made after the Closing. Likewise, any other amounts normallyprorated between Seller and Buyer, such as rents, insurance premiums, and utility bills, if any, shall be prorated between Seller and Buyer as of the date of Closing. This Section 9(a) shall survive Closing. (b) Closine Costa. Seller and Buyer each agree to pay the following costa at the taxes, (i) Sailer. Seller agrees to pay the cost of preparing the Deed; transfer stamp taxes, and documentary fees associated with the recording of the deed; the basic premium for the Owner's Title Policy; the cost ofpreparing and recording any releases and other documents necessary to convey the Property in accordance with this Contract; one-half (1/2) of any escrow or closing fee charged by the Title Company; and any other similar closing costs customarily paid by a seller of real property in the applicable county. (ii) ) ii cx. Buyer agrees to pay the recording fees for the Deed; one-half (1/2) of any escrow or closing fee charged by the Title Company; the premiums for any endorsements to the Owner's Title Policy obtained by Buyer; and any othersimilar closing costs customarily paid by a buyer of real property in the applicable county. (00181274.DOC; ii 10 es in cost expense expanse. and ayobtain B any othercements desiredbyand aayssession ailayblle tdeleted Buyer atitssole exception ot amended to Buyer, r"shortages ris le costea only",anexp0Ose, may elect to have the standard serve to so amend the Owner's Title Policy. so long as the Title Company is willing and able (e) Non -Foretell Seller shall execute and deliver a non -foreign certificate stating under the penalty o perjmythatSellerisnotaforeignpersonordisregardedentity within the m of Section 1445 of the internal Revenue Code, setting forth Seller's taxpayer identification nun and address or, in the alternative, an instruction letter addressed to the Title Company and Buyer authorizing the withholding often percent (10%) of the Purchase Price of the Property by Buyer. Sri Wa r 4f Saifacp . Seller shall deliver to the Title Company for recording a Waiver of Surface Rights executed DRH Energy, Inc., a Colorado corporation. (g) Other instruments. Seller shall execute and deliver each other document, assignment, or other instrument described in Section 8 of this Contract, and such other documents as are customarily executed in Colorado in connection with the conveyance of real property, including all required closing statements, releases, affidavits, evidences of authority to execute the documents, and any other instnunents that may be required by the Title Company. rams Closing, subject(Ii)o the P Exceptions,Seller shall deliver and clpossession ars �i n of the Property to Buyer al except any tenants under agricultural or grazing leases to which Buyer onnsees enntsenanti in hichevent, Seller's nght in such leases shall be assigned to Buyer). (and in Bch event, and 10. SELLER'S OnIC4TIONS AT CLgsIN%. At the Closing, Seller, at Seller's sole cost the expensshall take the following actions andd//or deliver, or cause to be delivered, to Buyer and/or Tide Company, as applicable, the following: Social Ws rrantv te and deliver to the Title Company for reccording a Warranty Deed for each cr Project (eashall ch a "Deaf),fully executed and acknowledged by Seller, conveying the simple title to the Property to Buyer, subject only to the Permitted Exceptions, taxes for the then current year and subsequent years and subsequent assessments for prior years due to changes in land use or ownership, and the other matters set forth in the Deeds. Buyer (b) AssignmentaniiAssummtionAareement. Seller shall execute and deliver to the Assignment and Assumption Agreement, pursuant to which Seller is assigning the Development Rights and Assigned Property Agreements and Buyer is assuming the Developer Obligations, Assumed Duties, and Assigned Property Agreements. Seller shall also execute and deliver any other assignments or instruments which are identified on Bxwbit , F" or Exbi it ". axolusive assignment saelaamaenc f Plana plats, Seller shall execute and deliver to Buyer a non_ with respect to theprovided, ,P ,reportsandsurveys(the"Assignmentany yHnse Plans, environmental reports' marketing financial information, that such assignment oo f hishall hbed deemed orSelletarr's toeller; and provided further that Seller will not assign, and Buyer will not assume, any ordevelopmentofthePtering soratherconsultingagreemontawithrespecttoenytomant (d) Owner's, Title fella,. Seller shall cause the Title Company to issue and deliver ito Buyye an owner's pohcy,oftitle insurance (`Owner's Title Policy") in the amount of the insuring that Buyer is owner of the P , subject only to Exceptions, and the standard printed exceptions included in aColorado Standard Form Owners Poll ofTitleksurance;provided, however, the et1ridfahtaof 100rm@74.f0C; 7) I1 I1. Bpvan's OBLIGATIONS AT CLDgmri. At the Closing, Buyer, at Buyer's sole cost and expense, shall take the following actions and/or deliver, or cause to be delivered, to Buyer and/or the Title Company, as applicable, the following: (a) Porchpse Pelee. Buyer shall pay the Purchase Price in cash or immediately available funds to Seller, subject to any adjustments for prorations and other credits expressly provided for in this Contract. (b) Deed and Other Conveyance Documents. Buyer shall execute the Deeds, the Assignment and Assumption Agreement, the Assignment of Plans, and each other document, assignment, or other instrument described In Section 8 of this Contract (collectively, the "Buyer Closing Documents"). Buyer shall also execute and deliver any other assignments or instruments which are identified on Exhibit "F" or Exhibit "O". (c) Martgaaee''s Title Policy. If any Bonds are listed on Exhibit E, to the extent thereof, Buyer, at Buyer's sole cost and expense, shall cause the Title Company to issue and deliver to Sellers mortgagee policy of title insurance in the Colorado standard form insuring the lien of the Bond Deed ofTrust, in the aggregate amount of the Bonds, subject only to the Permitted Exceptions ("Mortgagee 's Title Policy'). (d) Otherinstrameq(I. Buyer shall execute and deliver such other documents as are customarily executed in Colorado m connection with the purchase ofreal property, including all required closing statements, releases, affidavits, evidences ofauthority to execute the documents, and any other instruments that may be required by the Title Company. 12. PROPERTY SOLD AS IS. WHERE I$._AND WITH ALL FAULTS. D7sa amm� ags AND RELATED MATTg. As a material inducement to Seller to enter into this Contract and to sell and convey the Property to Buyer subject to the terms of this Contrgctand at the Purchase Price stated herein, Seller and Buyer agree as follows: (a) Piscsatmtat OF WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS CONTRACT OR IN THE CONVEYANCE DOCUMENTS, SELLER HEREBY SPB IPICALLYY DISCLAIMS ANY WARRANTY, GUARANTY, PROMISE, OR REPRESENTATION OF ANY KIND OR CHARACTER, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, OR CONCERNING THE FOLLOWING (THE "PlOPERTr MATTERs"): (1) THE NATURE AND CONDITION OP THE PROPERTY, INCLUDING, WITHOUT LIMITATION, (A) THE WATER, SOIL AND GEOLOGY, The SUITABILITY THEREOF AND/OR OF THE PROPERTY FOR ANY AND ALL ACM Sinn AND uses WHICH BUYER MAY ELECT TO CONDUCT, (B) THEMANNERORQUALITY OP THE CONSTRUCTION OR MATERIALS, IP ANY, INCORPORATED INTO THE PROPERTY AND/OR THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY OR ANY IMPROVEMENTS THEREON OR RELATED THERETO (INCLUDING WIIHOUTLIMITATION OFFSITE IMPROVEMENTS), AND (c) THE BXISTENCEOFANYENVIRONMENTAL HAZARDS OR CONDITIONS (INCLUDING BUT NOT LIMITEDTo THE PRESENCE OF HAZARDOUS MATERIALS) OR COMPLIANCE WITH ANY ENVIRONMENTAL LAWS; (2) THE NATURE AND EXTENT OF ANY RIGHT -LW -WAY, LEASE, POSSESSION, LIEN, ENCUMBRANCE, LICENSE, RESERVATION, CONDITIONOROTHERWISE; (3) THE VALUE OF The PROPERTY AND/OR THE INCOME OR PROFITS WHICH MAY OR MAY NOT BE DERIVED PROM THE PROPERTY; (4) THE EXISTENCE OR AVAILABILITY OP UTILITIES OR OTHER SERVICES, OR THE RIGHT TO OBTAIN UTILITIES OR OTHER SERVICES, (5) THE EXISTENCE, APPLICABE.ITY,AVAIABIWTY, VALIDITY, OR ENFORCEABILITY OFANY ENTITLEMENTS OR DEVELOPMENT RIGHTS RELATED TO OR APPURTENANT TO THE PROPERTY; AND (6) THE COMPLIANCE OF THE PROPERTY OR ITS OPERATION WITH ANY LAWS, ORDINANCES OR REGULATIONS OP ANY GOVERNMENTAL AGENCY, INCLUDING WITHOUT LIMITATION ANY ENVIRONMENTAL LAWS AND/OR ANY LAND USE LAWS, AND (7) ANY OTHER RIGHTS OR AITERESTS CONVEYED, ASSIGNED, OR TRANSFERRED TO BUYER UNDER OR PURSUANT TO THIS CONTRACT, INCLUDING WITHOUT LIMITATION THE ASSIGNED PROPERTY AGREEMENTS, THE C&D CONTRACTS AND THE PLANS. THE SALE OF THE PROPERTY IS MADE ON AN "AS IS" "WHERE IS" AND"WITH ALL FAULTS" BASIS, ANDBUYEREXPRESSLY ACKNOWLEDGES THAT SELLER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OP LA W, INCLUDING, BUTNOT LIMITED TO, ANY WARRANTY OP CONDITION, TITLE (OTHER THAN THE REPRESENTATIONS AND 100111274.OOO; 71 12 WARRANTIES EXPRESSLY SET FORTH IN THIS CONTRACT OR ANY CONVEYANCE DOCUMENT AND THE SPECIAL WARRANTY OF TITLE WITH RESPECT TO THE PROPERTY), HABITABILITY, MERCHANTABILITYOR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PROPERTY OR ANY PORTION THEREOF, This Disclaimer shall be included in the Deeds from Seller to Buyer. Buyer further acknowledges and agrees that the provisions of this Section 12 and in particular this "AS IS, WHERE IS, WITH ALL FAULTS" disclaimer provision were a material factor in the determination of the Purchase Price to be paid by Buyer to Seller for the Property. (b) RELEASE AND WAIVER op CLAE.ig Buyer agrees that Seller shall not be responsible or liable to Buyer for any defect, errors, or omissions in or relating to the development anNor entitlement of, or construction of improvements on or related to, the Property, latent or otherwise, or on account of any other conditions affecting the Property, as Buyer is purchasing the Property AS IS, WHERE IS, AND WITH ALL FAULTS, other thanwith respect to the representations and warranties expressly set forth In this Contract. Buyer, on its own MbTlfand on behalf of the Buyer Parties and behalf of anyone claiming by, through, or under Buyer, to the maximum extent permitted by applicable law, hereby fully releases and discharges Seller and the Seiler Parties from any and all Claims that it may nowhave or hereafter acquire against Seller and the Seller Parties for any costs, loss, liability, damage, expense, demand, action or cause of action arising from or related to the Property Matters, including without limitation (i) any defect, errors, or omissions in or relating to the development and/or entitlement o>; or construction of improvements on or related to, the Property or other conditions affecting the Property, or (ii) the operation, management, and.administraton of the Association . WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BUYER POR ITSELPAND FOR THE BUYER PARTIES AND ON BEHALF OP ITS TRANSFEREES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, WITH RESPECT TO ALL OR APARTOF THE PROPERTY, HEREBY EXPRESSLY WAIVES, RELEASES RELEASES AND PELmIQUISHES ANY AND ALL CLAIMS BUYER, ANY BUYER PARTY, OR SUCH TRANSFEREE MAY NOW OR HEREAFTER HAVE AGAINST SELLER AND/OR ANY ONE OR MORE OP THE SELLER PARTIES, WHE7HERKNOWN OR UNKNOWN, virtu RESPECT TO ANY PAST, PRESENT OR FUTURE PRESENCE OR EXISTENCE OF HAZARDOUS MATERIALS AT, ON, IN, NEAR, UNDER OR ABOUT THE PROPERTY, OR WITH RESPECTTOANYPAST,PRESENTORFUTURE VIOLATIONS OF ENVIRONMENTAL LAWS, INCLUDING, WITHOUT LIMITATION (I) ANY AND ALT. RrGH1BBtJyrJt OR SUCH TRANSFEREE MAY NOW ORHEREAFTER HAVE TO SEEK CONTRIBUTION FROM SELLER UNDER SECTION 113(P) OP OR OTHERWISE UNDER CERCLA, AS AMENDED, INCLUDING BY THE SUPERPUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 (42 U.S.C. §9613), As in SAME MAY BE FURTHER AMENDED OR REPLACED BY ANY SIMILAR LAW, RULE OR REGULATION, (II) ANY AND ALL CLAIMS, WHETHER KNOWN OR UNKNOWN, NOW OR HEREAFTER EXISTING, WITH RESPECT TO THE PROPERTY UNDER SECTION 107 OF CERCLA (42 U.S.C. §9607), AND (m) ANY AND ALL CLAIMS, WHETHER KNOWN OR UNKNOWN, AND WHETHER BASED ON STRICT LIABILITY OR OTHERWISE, UNDER • OTHER APPLICABLE ENVIRONMENTAL LAWS OR BASED ON NUISANCE, TRESPASS OR ANY OTHER COMMON LAW OR STATUTORY PROVISIONS. Buyer further acknowledges and agrees that each of these releases shall be given MI force and effect according to each of its expressed terms and provisions, including but not limited to those relating to unknown, unforeseen, and/or unsuspected claims, damages, and causes of action. This waiver and release shall be included in the Deeds from Seller to Buyer. To the maximum extent permitted by applicable law, these covenants releasing Seller and the Seller Parties shall be a covenant running with the Property and shall be binding upon Buyer, the Buyer Parties, and all subsequent owners of the Property or any part thereof and upon any all persons claiming by, through, or under Buyer. This waiver and release of claims shall survive the Closing. This release and waiver of Claims does not release Seller from any covenants of Seller expressly set forth in this Contract. (c) EMNITY OF PROTECT, DEFEND, SAVE AND HOLD HARMLESS SELLER AND THE SELLERELLER. BUYER ARTTIES FROM AND GREES TO INDEMNIFY, ANY AND ALL CLAIMS ASSERTED OR INCURRED AT ANY TIME AFTER THE CLOSING IN ANY WAY RELATING TO, CONNECTED WITH, OR ARISINO OUT OF, DIRECTLY OR INDIRECTLY, THE PROPERTY OR THE OWNERSHIP, LEASING, USE, OPERATION, MAINTENANCE, MANAGEMENT, DEVELOPMENT, CONSTRUCTION, AND MARKETING OP THE PROPERTY AND HOUSES AND OTHER IMPROVEMENTS CONSTRUCTED THEREON, INCLUDING WITHOUT LIMITATION CLAIMS RELATED TO, ARISING FROM, OR (00Ia17H.00C; 7) 13 CONNECTED WITH: (1) THE PHYSICAL CONDITION OPINE PROPERTY, (II) THEDEVELOPER OBLIGATIONS X AND ASSUMED DUTIES, (BI)ANT DUTIES,OBLIGATIONS, OR LIABILTRPS ASSUMED IN CONNECTION writ OR PURSUANT TO THE AASSIONBD PROPERTY AGREEMENTS AND C&D CONTRACTS, (IV) ACTS OR OMISSIONS OP BUYER OR ANY BUYER PARTY, (V) CONSTRUCTION AND DEVELOPMENT DEFECTS, INCLUDING WuIHOtur LIMITATION SITE WORK AND SUBDIVISION INFRASTRUCTURE AND IMPROVEMENTS, AND (VI) ANY CLAIMS BY THE ASSOCIATION OR RELATED TO THEASSOCIATION AND ITS OPERATION, MANAGEMENT, AND ADMINISTRATION OR BY ANY MEMBER OF AN ASSOCIATION OR OSHER HOMEOWNER RELATED TO THE ASSOCIATION OR ITS OPERATION, MANAGEMENT, AND ADMINISTRATION. BUYER'S INDEMNIFICATION OF SELLER AND THE SELLER PARTIES AS PROVIDED HEREIN EXPRESSLY INCLUDES CLAIMS ARISING FROM, RELATED TO, OR CAUSED BY IN WHOLE OR IN PART SELLER'S COMPARATIVE, CONTRIBUTORY, OR SOLE NEGLIGENCE, WHETHER ACTIVE OR PASSIVE, BUT NOT INCLUDING SELLER'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR SELLER'S BREACH OF ANY EXPRESS REPRESENTATION, WARRANTY, OR COVENANT IN THIS CONTRACT. (d) $ubeontractoro and Cepsuil ts. Notwithstanding any provision to the contrary in this Section 12, the term "Seller Parties" when used in this Section 12 shall not include and shall not be deemed or construed to include third party contractors, subcontractors, material suppliers, architects, design professionals, engineers and consultants hired by Seller in connection with the Property (except Seller's environmental consultant(s) Wand as expressly provided in this Contract) or any of Seller's insurers under a wrap-up insurance structure. (e) Action, Buyer agrees on behalf of itself and all ofthe Buyer Patties neverto commence or proaecute, or conspire or collude with others to commence orprosecuto, against Seller or any Seller Party any action or proceeding based upon any claims covered by the waivers and releases under this Section 12. (0 Survival. Buyer hereby acknowledges that the provisions of this Section 12 are a material inducement to Seller entering into the sale transaction which is the subject of this Contract and that this Section 12 shall survive any termination of this Contract (including any termination as a result of Seller's default) and the Closing without any period of limitations. 13. DEFAULTS AND REMEDIRI. (a) Bever! Default and Seller's Reined(u. Buyer shall be deemed to be in default under this Contract ifBuyerfails orrefusestopei%rmBuzer'sobligationsatClosingforany reason other than a default by Seller or a valid termination of this Contract by Buyer under some provision of this Contract If Buyer defaults under thisContract, Seller may, at Seller's sole option, do either of the following: (1) terminate this Contract by written notice delivered to Buyer; or (ii) enforce specific performance ofthis Contract against Buyer. If Seller terminates this Contract, then the Parties shall be released from this Contract and all duties and obligations hereunder. The foregoing notwithstanding, if Buyer defaults in its obligations under or otherwise breaches Section 7(c), Section S, Section 11, Section 14, Section 19, Section 20, or Section 21, that Sellermay pursue any remedies available at law or in equity with respect thereto, including, but not limited to, specific performance and a suit for damages, mcluding reasonablo attorney's fees and costs. Nothinghemin shall limit Seller's ritsandremedieswithrespecttoanycovenantsofBuyertoindemnify,defend, and hold Sellerbuml seas, and with respect thereto, Seller shall have ail rights and remedies available at law and in equity. (b) Seller's Defaults and Buyer's Remedy. Seller shall be deemed to be in default under this Contract if Seller fails to meet, comply with, or perform any covenant, agreement, or obligation within the time limits and in the manner required in this Contract which is not cured within five (5) days after written notice of such default by Buyer to Seller. If Seller is deemed to be in default under this Contract, Buyer may, as Buyer's sole and exclusive remedy, terminate this Contract by written notice delivered to Seller and receive, as liquidated damages, the sum of Fifty Thousand Dollars ($50,000.00). Seller and Buyer agree that Buyer's actual damages due to Seller's I0DIS1274.D0C; r1 14 default would be difficult and inconvenient to ascertain and that $50,000.00 as liquidated damages is not a penalty and is fair and reasonable in light of all relevant circumstances. (c) Buyer's Covenant Not to Sue. Buyer hereby waives and releases any right to sue for, seek, or collect damages of any nature or type whatsoever (Including, without limitation, special, consequential, speculative orpumtive damages) from Seller, and Buyer covenants not to sue for, seek, or collect any damages from Seller. If Seller delimits in the performance of any of its obligations under this Contract, Buyer shall not file or record a&Rndfmt against the Property, and Buyer expressly waives and all rights to do so. Buyer acknowledges that a material inducement to Seller's decision to sere Property to Buyer is Buyer's agreement not to impede or interfere with a subsequent sale of the Property by filing any action for specific performance and/or filing or recording a Br Partderls against the Property, and that Seller will be damaged and may suffer Irreparable harm if Buyer fails to comply with the requirements of this Section 13(c). (d) Attomev's Feeq. IfeitherParty to this Contract defaults in the performance recoqunon-defaulting uired am , andtthe non -defaulting partly employs an attorney to enforce the terns hereof, ssuch party shall be awarded reasonable attomeey s fees from the defaulting party if non -defaulting party prevails in any litigation or other proceeding to enforce this Contract (e) jAmitatio otLiabllit. Notwithstanding the lirnitadononBuyer's remedies as set forth herein, if Buyer should ever recover a money judgment against Seller for any claim or cause of action relating to, arising from, or connected with this Contract and/or the Property, then such judgment shall be limited to the amount stated in Section 13(b) above. In no event shalfBuyer have the right to levy execution against any property of Seller other than the Property. 14. ComsrIsstort. Seller and Buyer each warrant and represent to the other that neither ofthem has dealt with any agent or broker in connection with the sale and purchase of the Property except for any agents okeh who will be compensated pursanttoa between the applicable Party agent or broker. SELLER AND BUYER EACH HEREBY e agreement TO INDEMNIFY, DEPEND, AND HOLD THE OTHER HARMLESS PROM AND AGAINST ALL LIABILITY, LOSS, COST, DAMAGE, OR EXPENSE (INCLUDING BUT NOT LIMITED TO ATTORNEYS' PEES AND COSTS OP LITIGATION) WHICHTHBOTHERPARTYSHALL SUPPER ORINCUR BECAUSE OP ANY CLAIM BYA BROKER, AGENT, OR FINDER CLAIMING BY,THROUGH, ORUNDER SUCH IHUBhA7FYINOPARTY, WHE7HERORNOT SUCH CLAIMS MERITORIOUS, FOR ANY COMPENSATION WITHRESPECfTO THE COMING INTO OF THIS CONTRACT, THE SALE AND PURCHASE OF MB PROPERTY, OR THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED HEREIN.. 15. All notices, demands and requests which may be given or which are required to be gieither Party to the other, and any exercise of a right of termination provided by this Contract, shell be in writing and shall be deemed effective when: (i) personally delivered to the intended recipient (ii) three business days after being sent, by certified or registered mail, return receipersopt n toot the ddressed to the set forth below tforthe Partyed whome theaddress was given; specified below; usiness day after beng deposited into the custody of a recognized overnight delivery service such asFederal Express or UPS, designated for next day delivery, and addressed to such Party at the address specified below; or (v) sent by facsimile, provided that receipt for such facsimile is verified by the sender and followed bya notice sent in accordance with one of the other provisions set forth above. For purposes of this Contract, the addresses of the Parties for all notices are as follows (unless changed by similar notice in writing given by the particular person whose address is to be changed): If to Buyer. CRVI TXAZCO Portfolio, LLC Attn: Greg Gitoho 301 Congress, Suite 500 Austin, Texas 78701 Phone: 512.494.55101 Fax: 512.494.8519 I001iI274.DOC; 7) 15 With copy to: Brett L. Hamilton, Esq. Locke Lord Bissell & Liddell LLP 600 Travis, Suite 3200 Houston, Texas 77002 Phone: 713.226.1298; Fax: 713.229.2557 E-mail: bhamilton@lockelord.com If to Seller: Melody Homes, Inc. and KDB Homes, Inc. c/o D.R.Horton, Inc. Attn: Ted Harbour, Esq. 301 Commerce Street, Suite 500 Fort Worth, Texas 76102 and D.R. Horton, Inc. Attn: Mark Karnes, Esq. 301 Commerce Street Suite 500 Port Worth, Texas 76102 and Edward R. Comb, Esq. Davis et Ceriani, P.C. 1350 17' Street, Suite 400 Denver, Colorado 80202 Fax: 303.534.4618 If to Title Company: First American Title Insurance Company Mtn: Gina A. Balding 1 First American Way Santa Ana, California 92707 Phone: 714.250.3467; Fax: 714.913.6556 E-mail: gbalding@firstam,com 16. MISCELLANEOUS Nonni. (a) Common Interest Community Disclosure Statement. As required by Section 38-35.7-102 C.R.S., the following disclosure statement is required to be made in every contract for the purchase and sale of residential real property in a common interest community: PORTIONS OF THE PROPERTY ARE LOCATED WITHIN COMMONINTEREST COMMUNITIES AND ARE SUBJECT TO THE DECLARATIONS FOR SUCH COMMUNITIES. THE OWNER OF THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNER'S ASSOCIATIONS FOR THE COMMUNITIES AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATIONS. THE DECLARATIONS, BYLAWS AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL OBLIGATIONS UPON THE OWNER OF THE PROPERTY, INCLUDING AN OBLIGATION TO PAY ASSESSMENTS OF THE ASSOCIATIONS. IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, THE ASSOCIATIONS COULD PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT. THE DECLARATIONS, BYLAWS, AND RULES AND REGULATIONS OF THE COMMUNITIES MAY PROHIBIT THE OWNER FROM MAKING CHANGES TO THE PROPERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE ASSOCIATIONS (OR COMMITTEES OF THE ASSOCIATIONS) AND THE APPROVAL OF THE ASSOCIATIONS. BUYERS OF PROPERTY WITHIN THE COMMON INTEREST COMMUNITIES SHOULD INVESTIGATE THE FINANCIAL OBLIGATIONS OF MEMBERS OF THE ASSOCIATIONS. BUYERS SHOULD CAREFULLY READ THE DECLARATIONS FOR THE COMMUNITIES AND THEBYLA WSAND RULES AND REGULATIONS OF THE ASSOCIATIONS. (b) gyecial Taxing Districts. The following disclosure is included In accordance with Section 38-35.7-101, C.R.S.: loorrl7N.D0C:7} 16 SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYER_ SHOULD INVESTIGATE ENTS OF THE THE OBLIGATION THE DEBT FINANCING REQUIINDEBTEDNESS OF SUCH DISTRICTS, EXISTINMILL LEVIES OP SUCH DISTRICT SERVICING SUCH INDEBTEDNESS, AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES. 17. GENERAL PROVISIONS. (a) IAss g$m me . Buyer shall not have the right to sell, assign, or transfer this Contract without Seller's prior written approval, which approval may be granted or withheld in Seller's sole and absolute discretion, and any suchpurported assignment by Buyer shall constitute a default by Buyer under this Contract. In no event shall any assignment release Buyer from any liability or obligations under this Contract in whole or in part. (b) NoRecordatiog. Neither this Contract nor a memorandum of this Contract nor any other encumbrance or cloud on title to the Property shall be filed in the public records by Buyer. IfBuyer breaches this provision, then, notwithstanding any other provision ofthis Contract to the contrary, Seller shall have the right to all legal and equitable remedies in a court of competent jurisdiction (including the recovery of coon costs and attorney's fees) against Buyer. (o)$urvivalofContractualProvisions:BindinoEffect. Buyer and Seller agree (i) Any covenant oragreement herein which contemplates perfommnce after the time of Closing shall not be deemed to be merged into or waived by the instruments of the Closing, bat shall expressly survive the Closing and be binding upon the Parties obligated reby. as follows: CuThe teens, provisions, warranties, representations, covenants, and agreements contained in this Contract shall apply to, be binding upon, and Inure to the benefit ot; the Parties and their respective legal representatives, successors, and assigns; provided, however no successor in ownership of all or any portion of the Property shall have the right to enforce any terms, provisions, warranties, representations, covenants or agreements made Icy Seller in this Contract, all of which are made by Seller only for the benefit of Buyer and its pre -Closing successors and permitted assigns. (d) Construction. Interpretation. and Severabillty. (i) Time is of the essence in the performance of this Contract. (ii) LAWS OP THE STATE OF COLORADO, WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES THAT WOULD RESULT IN THE APPLICATION OP ANY LAW OTHER THAN THE LAW OP THE STATE OF COLORADO. (Iii) The section and paragraph headings used in this Contract are for convenience purposes only, and shall not be used in the interpretation of this Contract (iv) All exhibits attached hereto are incorporated herein by reference and made a part of this Contract. teeratrt4.DOC; n 17 (v) Seller's failure (1) to insist in any one ormore instances upon Buyer's performance of any of the covenants, agreements, and/or conditions of this Contract, or (2) to exercise any right or privilege herein conferred shall not be construed as a waiver of any such covenant or condition. betweenand/ot(vi)B Other than any existing non -disclosure or confidentiality agreements among Buyer and Seller and/or their affiliates, this Contract contains the entire agreement between the Parties relating to the Property. The Parties agree that there are no oral agreements, understandings, representations, or warranties which am not expressly set forth herein. This Contract cannot be varied except by written agreement executed by the Parties. (vii) The Parties acknowledge and agree that each has been given the opportunity to indep dently review this Contract with legal counsel, and/or has the requisite experience andsophi�cation to understand, interpret, and agree to the particular language ofthe provisions hereof The Parties have equal bargaining power, and intend the plain meaning of the provisions herein. In the event of an ambiguity in or dispute regarding the interpretation of this Contract, the interpretation of this Contract shell not be resolved by any rule of interpretation providing for interpretation against the Party who causes the uncertainty to exist or against the draftsman. (viii) The teens and provisions of this Contract are severable, and if any provision,ever be held term, or part hereof or the application thereof to any person or circumstances shall by any court of competent jurisdiction to be illegal, unenforceable, invalid, or unconstitutional for any reason, the remainder of this Contract and the application of such provisions or part hereof to other ns or circumstances shall not be affected thereby. This Contract and its interpretation and enforcement shall be affected only as to the application ofany such items, terms, orprovisions deemed illegal, unenforceable, invalid, or unconstitutional, and this Contract shall in all other respects remain in MI force and act. hereunder 1g an(d wNoPartners*ill be that of seller or nd ' Joint Venture. The relationship of Seller and Buyer and none of the provisions of this Contract are intended to create any relationship other than seller and buyer. No agency, partnership, jointventure or other relationship is intended hereby, and neither Party shall be deemed the agent, servant, employee, partner or joint venturer of the other Party. Seller and Buyer shall not, in any way or for any reason be deemed to have become a partner of the other in the conduct of its business or otherwise, or ajoint venturer. In addition, by virtue of this Contract, there shall not be deemed to have occurred a merger or any joint enterprise between Seiler and Buyer. (f) Miscellaneous Provisions. (I) The term "Effective Dale", as used in this Contract, shall mean the later of the following dates: (1) the date of Seller's signature (excluding Seller's Corporate Approval); or (2) the date of Buyer's signature. (ii) If either Party shall be required to employ an attorney to enforce or defend the rights of such Party hereunder, the prevailing Party shall be awarded reasonable attorneys' fees. (iii) The Parties agree that this Contract may be transmitted by facsimile machine, and the Parties intend that fixed signatures shall constitute original signatures. A facsimile coor any counterpart or conformed copy oft is Contract with the signature, original or faxed, of all of the Parties shall be binding on the Parties. This Contract may be executed in multiple counterparts, each of which shall be deemed an original, but ail of which together shall constitute one and the same instrument. (iv) Should the date for the giving of any notice, the performance of any act, or the beginning or end of any period provided for herein fall on a Saturday, Sunday or other legal holiday, such date shall be extended to the next succeeding business day which is not a t00marrr4.n0C rl IS Saturday,. Sunday or legal holiday, but in no event whatsoever shall the Closing Date be extended without the mutual written agreement of Buyer and Seller. IS. INTENTIONALLY OMITTED, 19. INTERSTATE LAND SALES FUL DISCLOSURE ACT. To the extent that the Interstate Land Saks FullDisclosure Act (15 U.S.C. §1701, si se.mitj is applicable to the conveyance of the Property by Seller to Buyer, Buyer represents and warrants to Seller that Buyer is acquiring the Property for the purpose of engaging in the business of constructing residential, commercial, or industrial buildings or for the purpose of resale or lease ofthe Property to pawns engaged in such a bushiest Buyer acknowledges that Seller is relying on this representation and warranty in executing this Contract and In consummating thy transaction contemplated hereby. Buyer's closing of the trausaction under this Contract shall be Buyer's reaffirmation of the truth and accuracy of the foregoing representation and warranty and it shall survive Closing without any period oflimitations. 20. CQMPANroN CONTRACTS. Buyer has entered or may enter into separate contracts with Seller or Seller's parent or subsidiary or an entity owned or controlled by Seller's parent or subsidiary moreparticularly al rly described in Exhibit "H" (the "Companion Contracts") attached hereto and incorporated herein by reference, which are intended to close simultaneous with the Closing. (a) Cross -Default. Buyer's default or failure to close under any Companion Contract (excluding a default of the seller in the Companion Contract) shall constitute a material default by Buyer under this Contract, and Seller shall be entitled to all remedies to which Seller is entitled if Buyer failed to perform a covenant of this Contract or otherwise defaulted under this Contract in this Contract (b) Contracts Continent op Each Other. Notwithstanding contained orany Companion Contract to the contrary, Seller's and Buyer's obligations under this Contract are expressly contingent upon the transactions contemplated by the Companion Contracts being consummated contemporaneously with the consummation of the transaction contemplated hereby. In that regard, in the event either of the Companion Contracts is terminated for any reason whatsoever, this Contract shall terminate automatically as well. In the event the foregoing termination of one or the other of the Companion Contracts is the result ofa default by the seller thereunder, or the result of a termination of one or the other of the Companion Contracts entitling Buyer to a return of the earnest money deposited thereunder, upon termination of this Contact as aforesaid, the Parties hereto shall thereafter have no tbrther duties, obligation or liabilities hereunder, one to the other (except those obligations that are expressly intended hereby to survive the termination hereof). 21. INTENTIONALLY DELETED. 22. INTENTIONALLY DELETED, 23. EXECUTION BY SELLER. NOTWITHSTANDING ANYTHING CONTAMEDHEREINTOTHE CONTRARY, NEITHER MS CONTRACT NOR ANY AMENDMENT HERETO SHALL BE A VALID AND ENFORCEABLE OBLIGATION OF SELLER UNLESS THIS CONTRACT OR SUCH AMENDMENT Is EXECUTED BY EITHER ONE OP DONALD R. HORTON, DONALD J. TOMnnE, BILL W. WHEAT, STACEY H. DWYER, OR GEORGE SEAGRAVES, EACH AN OFFICER OP SELLER'S GENERAL PARTNER, WHEN TWENTY_ONE (21)BUSINESS DAYS APTERTHEEXECUTION OPTHIS CONTRACTOR ANY SUCH AMENDMENTBY BUYER AND SELLER'S REPRESENTATIVES. Such approval is referred to as "Corporate Approval". 24. 1pAcos. The Parties acknowledge that portions of the Property consist oldie Tracts identified in Exhibit A. After Closing, Buyer shall convey title to each Tract to the applicable entity as described on the final plat that created the applicable Tract as required by the applicable entity or as reasonably requested by Seller. The provisions of this Section 24 shall survive the Closing. 25. fIVERBgND METROPOLITAN DISTRICT OPTION AGREEMENT. At Closing, Buyer shall assume in writing Seller's obligation under option agreements with directors for the Rivcrbend Crossing Metropolitan District. (00I8127/.U0C; 7) 19 26. HIGH p M TRENCH SsTTLsmsm'. This City of Aurora has notified Seller of settlement in paved roadways in the High Point Project which is related to improper backfill during the installation of utility lines("Selllemenr'). Seller believes it has valid claims either for repair of the Settlement by or for damages against the subcontractors who performed and/or monitored the backfill, however, Buyer does notwlsh to take responsibility forpurswng those claims or have those claims assigned to it. Seller agrees to repair the Settlement at Seller's sole cost and expense within a reasonable time alter Closing, subject to delays which are beyond the reasonable control of Seller. Seller's obligation to repair the Settlement set forth in the preceding sentence shall be satisfied when an engineer retained by Seller and reasonably approved by Buyer delivers a written statement that the repairs arc complete. Seller shall indemnify, defend and hold harmless Buyer from and against all Claims arising from or related to Seller's default in the performance ofits obligations under this Section 26. The provisions of this Section 26 shall survive the Closing. 27. CRvsret. V,,t�,,�t.,ssr DsnNrton roam.. The Town of Castle Rock ("Town') has given Melody notice that a detention pond located in Tract B of Filing 2 of Crystal Valley Ranch ("Pond") has a problem with sedbnentcollecting in the Pond. Seller believes it is has no obligation to remeeddlate the Pond, however, Buyer does not wish to take responsibility for remediating the Pond. Accordingly, notwithstanding anything in this Contract to the contrary, Seller shall be responsible to cause remediation, by punning an action against third parties who may be responsible for such remediation or other means reasonably deemed necessary by Seller, of the sediment collection in the Pond to the Town's satisfaction. Seller's obligations pursuant to the preceding sentence shall be satisfied at such time as the Town delivers notice of final acceptance or final approval of all improvements within Filing 2 of Crystal Valley Ranch Subdivision or the Town delivers specific approval of the condition of the Pond, whichever is earlier. Seller shall indemnify, defend and hold harmless Buyer from and against all Claims arising from or related to Seller's default in the pedbrrnance of its obligations under this Section 27. The provisions of this Section 27 shall survive the Closing. [REMAINDER oP MIS PAOR INfam7ONALLv L3Pr BL4NIC] (001rn74.DOC:7) 20 Executed by Buyer on September 30, 2008. BUYER: CRVI TXAZCO Portfolio, LLC (a Delaware limited liability Company) President Executed by Seller en September 30, 2008. SELLER:' KIM Homes, Inc., ft Delaware corporation By: Name: Its: Melody Homes,.Inc, a Delaware corporation By: Name: Its: I RDNAINDRN Op THIS PAOR TNTRNTIONALI.Y I.RPT a1.ANRl IHORTON CORPORATR APPROVAL ON POLI.OWINO Ph<:RI (001tIR74.DOC; 7) 21 Executed by Buyer on September 30, 2008. BUYER: CRVI TXAZCO Portfolio, LLC (a Delaware limited liability company) By: Name: Title: Executed by Seller on September 30, 2008. SELLER: EBB B By: Name: Its: Mel By: Nam Its: Inc., a Delaware corporation 'REMAINDER OP THIS PAGE INTENTIONALLY LEFT BLANK) 'HORTON CORPORATE APPROVAL ON FOLLOWING PAGE' )00ISI274.OOO; 7) 21 corporation Executed by Seller pursuant to Section 23 of the Contract on September 30, 2008. Melody j, I ., a Del are corporation By: Name: Its: KDB Ho 'LY nc , a Delaware ! rporation By: Name: Its: (00181274.DOC. 7) 22 The undersigned Title Company hereby acknowledges receipt of a copy, ores Tills COMPANY: First American Title Insurance - Date: v By: Name: Title: (00181274.DOC: 71 23 EXHIBIT "A" THE PROPERTY CRYSTAL VALLEY LOTS 1, 2 and 4, INCLUSIVE, LOTS 109 THROUGH 133, INCLUSIVE, LOTS 169, 170, 171, 173 THROUGH 180, INCLUSIVE, LOTS 212 THROUGH214, INCLUSIVE, CRYSTAL VALLEY RANCH FILING NO. 2, 1ST ADMINISTRATIVE, COUNTY OF DOUGLAS, STATE OF COLORADO. MOH POINT AT DIA Parcell Lots 3 through 7, inclusive, Block 3, Lots I through II, inclusive, Block 4, Lots 1 through 25, inclusive, Block 5, Lots 1,2 and 3, Block 7, Lots I through 22, inclusive, Block 8, Lots 1,2 and 3, Block 11, Lots I through 21, inclusive, Block 12, Lots I through 14, inclusive, Block 13, and Lot 7, Block 16, High Point at DIA Subdivision Filing No. I, recorded December 15, 2005 at Reception No. 20051215001372670 and Affidavit's of Correction recorded January 22, 2007 at Reception No. 2007000007845 and August 17, 2006 at Reception No. 20060817000834180, County ofAdams, State of Colorado. Parcel I Lots 1 through 5, inclusive, Block I, Lots I through 22, inclusive, Block 2, Lots 1 and 2, Block 3, Lot I and Lots 3 through II, inclusive and Lot 14, Block 6, Lots 4 through I5, inclusive, Block 7, Lots I through 15, inclusive, Block 9, Lots I through 9, inclusive, Block 10, Lots 5, 8 and Lots 10 through 15, inclusive, Block II, and Lots I through 15, inclusive, Block 15, High Point at DIA Subdivision Filing No. I, recorded December I5, 2005 at Reception No. 20051215001372670 and Affidavit's of Correction recorded January 22, 2007 at Reception No. 2007000007845 and August 17, 2006 at Reception No. 20060817000834180, County ofAdams, State of Colorado. teal 21274.000: 71 The Properly PLEASANT VALLEY TWO PARCELS OF LAND SITUATED IN THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 3 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF LONGMONT, COUNTY OF BOULDER, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; (NORTH PARCEL) COMMENCING AT THE NORTH ONE -QUARTER CORNER OF SAID SECTION 26, WHENCE THE CENTER ONE -QUARTER CORNER OF SAID SECTION 26 BEARS SOUTH 00°02'56"EAST, A DISTANCE OF 2654.09 FEET, SAID LINE FORMING THE BASIS OF BEARINGS FOR THIS DESCRIPTION; THENCE ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 26 NORTH 89°26'19" EAST, A DISTANCE OF 516.33 FEET; THENCE SOUTH 00°33'41" BAST, A DISTANCE OF 75.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY 66 AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE NORTH 89°26'19" EAST, A DISTANCE OF 660.38 FEET; THENCE SOUTH 00°00'45" WEST, A DISTANCE OF 290.61 FEET TO A POINT ON THENORTH BOUNDARY LINE OF PLEASANT VALLEY FIRST FILING AS DESCRIBED IN PLAN49, FILE 2, RECORDED OCTOBER 22, 1999 AT RECEPTION NO. 199266 OF THE BOULDER COUNTY RECORD; THENCE ALONG SAID NORTH BOUNDARY LINE THE FOLLOWING SIX COURSES: I) THENCE SOUTH 89°26'19" WEST, A DISTANCE OF 61.43 FEET; 2) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING ARADIUS OF 100.50 FEET, A CENTRAL ANGLE OF 25°08'59" AND A CHORD THAT BEARS NORTH 77°59'11" WEST 43.76 FEET), A DISTANCE OF 44.11 FEET TO A POINT OF REVERSE CURVATURE; 3) THENCE ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF 14930 FEET, A CENTRAL ANGLE OF 24°38'14" AND A CHORD THAT BEARS NORTH 77°43'49" WEST 63.79 FEET), A DISTANCE OF 64.29 FEET; 4) THENCE SOUTH 89°57'04" WEST, A DISTANCE OF 179.00 FEET; 5) THENCE ALONG THE ARC OFA CURVE TO THELEFT (SAID CURVE HAVING A RADIUS OF 204.50 FEET, A CENTRAL ANGLE OF 29°19'01" AND A CHORD THAT BEARS SOUTH 75°11'33" WEST 103.50 FEET), A DISTANCE OF 104.64 FEET; 6) THENCE SOUTH 89°26'19" WEST, A DISTANCE OF 214.37 FEET TO A POINT ON THE EAST PROPERTY LINE OF THAT TRACT OF LAND AS DESCRIBED BY DEED ON FILM 818 RECORDED MAY 11,1973 AT RECEPTION NO. 066618 OF THE BOULDER COUNTY RECORD; THENCE ALONG SAID EAST LINE NORTH 00°02'56" WEST, A DISTANCE OF 290.60 FEET TO THE TRUE POINT OF BEGINNING, (00111274.DOC 71 &alb! "A" The Property ALONG WITH THE FOLLOWING DESCRIBED PARCEL. (SOUTH PARCEL) COMMENCING AT THE NORTH ONE -QUARTER CORNER OF SAID SECTION 26, WHENCE THE CENTER ONE -QUARTER CORNER OF SAID SECTION 26 BEARS SOUTH 00°02'56" EAST, A DISTANCE OF 2654.09 FEET, SAID LINE FORMING THE BASIS OF BEARINGS FOR THIS DESCRIPTION; THENCE ALONG SAID LINE SOUTH 00°02'56" EAST, A DISTANCE OF 2318.58 FEET TO THE SOUTHWEST CORNER OF PLEASANT VALLEY THIRD FILING AS DESCRIBED IN PLAN 52, FILE I, RECORDED SEPTEMBER 12, 2000 AT RECEPTION NO. 2076045 OF THE BOULDER COUNTY RECORD AND THE TRUE POINT OF BEGINNING; THENCE NORTH 89°25'19" EAST, A DISTANCE OF 2013.06 FEET ALONG THE SOUTH BOUNDARY LINES OF SAID PLEASANT VALLEYTHIRD FILING; SAID PLEASANT VALLEY FIRST PILING AND PLEASANT VALLEY SECOND FILING AS DESCRIBED IN PLAN 51, FILE 3, RECORDED AUGUST 16, 2000 AT RECEPTION NO. 2070634 OF THE BOULDER COUNTY RECORD; THENCE SOUTH 00°34'41" EAST, A DISTANCE OF 335.49 FEET TOA POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION 26, WHENCE THE EAST ONE -QUARTER CORNER OF SAID SECTION 26 BEARS NORTH 69°25'19" EAST, A DISTANCE OP 613.09 FEET; THENCE ALONG SAID SOUTH LINE SOUTH 89°25'19" WEST, A DISTANCE OF 2016.16 FEET TO THE CENTER ONE -QUARTER CORNER OF SAID SECTION 26; THENCE ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 26 NORTH 00°02'56" WEST, A DISTANCE OF 335.51 FEET TO THE TRUE POINT OF BEGINNING. RASPBERRY RILL LOTS 1 THROUGH 6, AND IS THROUGH 22, BLOCK 3, LOTS 1 THROUGH 8, BLOCK 4, LOTS 1 THROUGH 6, BLOCK 7, LOTS I THROUGH 9, BLOCK 8, LOTS 1 THROUGH 16, BLOCK 9, LOTS 1 THROUGH 45, BLOCK 10, LOTS 1 THROUGH 25, BLOCK II, LOTS 1 THROUGH 5, BLOCK 12 AND TRACTS A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P.QAND R RASPBERRY HILL SUBDIVISION, COUNTY OF WELD, STATE OF COLORADO. 10p1a7274.DOC; 71 The Property JtLVERBEND CROSSING THAT PORTION OF THE WEST ONE-HALF OF THE NORTHEAST ONE -QUARTER (W 1/2 . NE 1/4) OP SECTION 14, IN TOWNSHIP 15 SOUTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF EL PASO, STATE OF COLORADO, LYING SOUTH AND WEST OF THE RIGHT OF WAY OF THE D. & R. G. W. RAILWAY AND LYING NORTH OF THE COMMON BOUNDARY LINE AS DESCRIBED IN BOUNDARY AGREEMENT AND QUIT CLAIM DEED RECORDED OCTOBER 17, 2006 AT RECEPTION NO. 206153355, EXCEPT PORTIONS DESCRIBED IN THE FOLLOWING RECORDED INSTRUMENTS: BOOK 752 AT PAGE 366 (UNDER RECEPTION NO. 435814); BOOK 842 AT PAGE 70 (UNDER RECEPTION NO. 467648); BOOK 1719 AT FACE 603 (UNDER RECEPTION NO. 96524); BOOK 1763 AT PAGE 57 (UNDER RECEPTION NO.124725), AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 3-1/4" ALUMINUM CAP STAMPED "OLIVER. E. WATTS 1/4 S11 814 FE - LS 9853" AT THE NORTHWEST CORNER OF SAID NORTHEAST 1/4 OF SECTION 14, FROM WHICH A 3-1/4" ALUMINUM CAP STAMPED "OLIVER E. WATTS C1/4 S14 PE -LS 9853" AT THE CENTER ONE -QUARTER (Cl/4) OF SAID sgcnoN 14 BEARS S 00 DEGREES 14 MINUTES 13 SECONDS B, A DISTANCE OF 2640.39 FEET AND IS THE BASIS OF BEARINGS USED HEREIN; THENCE S 89 DEGREES 58 MINUTES 10 SECONDS E ALONG THE NORTH LINE OF SAID NE ONE QUARTER, A DISTANCE OF 607.65 FEET TO A I /2" REBAR AND WASHER (ILLEGIBLE); THEMES 89 DEGREES 58 MINUTES 10 SECONDS E CONTINUING ALONG SAID NORTH LINE, A DISTANCE OF 193.49 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 65-87; THENCE S 35 DEGREES 53 MINUTES 17 SECONDS E ALONG SAID WESTERLY RIGHT- OF-WAY LINE, A DISTANCE OF 74.09 FEET TO THE NORTHEASTERLY CORNER OF A TRACT OF LAND DESCRIBED IN BOOK 1763 AT PAGE 57 OF SAID COUNTY RECORDS; THENCE ALONG THE NORTHERLY, WESTERLY AND SOUTHERLY LINES OF SAID TRACT THE FOLLOWING SIX (6) COURSES: I.) THENCE N 89 DEGREES 57 MINUTES 48 SECONDS W, A DISTANCE OF 236.81 FEET; 2.) THENCE S 26 DEGREES 47 MINUTES 34 SECONDS W, A DISTANCE OF 12927 FEET; 3.) THENCE S 15 DEGREES 33 MINUTES 55 SECONDS E, A DISTANCE OF 166.37 FEET; 4.) THENCE S 15 DEGREES 44 MINUTES 38 SECONDS E, A DISTANCE OF 164.08 FEET; 5.) THENCE S 35 DEGREES 53 MINUTES 21 SECONDS E, A DISTANCE OF 841.05 FEET; 6.) THENCE N 54 DEGREES 02 MINUTES 01 SECONDS B, A DISTANCE OF 198.80 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SOUTHMOOR DRIVE; 10011 in4.DOC; 71 the Property THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE THE FOLLOWING TWO (2) COURSES: I) THENCE S 00 DEGREES 01 MINUTES 43 SECONDS W, A DISTANCE OF 645.39 FEET; 2) THENCE S 34 DEGREES 14 MINUTES 17 SECONDS E, A DISTANCE OF 53.41 FEET TO THE NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED UNDER RECEPTION NO. 202040629 OF SAID COUNTY RECORDS; THENCE S 00 DEGREES 01 MINUTES 28 SECONDS E ALONG TIM WESTERLY LINE OF SAID TRACT AND NE WESTERLY LINE OF A TRACT OF LAND DESCRIBED IN BOOK 2621 AT PAGE 849 OF SAID COUNTY RECORDS, A DISTANCE OF 813,74 FEET TO A POINT ON THE NORTHERLY LINE OF THE COMMON BOUNDARY LINE AS DESCRIBED IN BOUNDARY AGREEMENT AND QUIT CLAIM DEED RECORDED OCTOBER 17, 2006 AT RECEPTION NO. 206153355; THENCE N 64 DEGREES 37 MINUTES 39 SECONDS W ALONG SAID NORTHERLY LINE, A DISTANCE OF 1455.02 FEET TO A POINT ON THE WESTERLY LINE OF SAID NORTHEAST ONE -QUARTER; THENCE N 00 DEGREES 14 MINUTES 13 SECONDS W ALONG SAID WESTERLY LINE, A DISTANCE OF 1938.33 FEET TO THE POINT OF BEGINNING. TRADITIONS FIWNG NO. I. LOTS I THROUGH 12 INCLUSIVE, BLOCK 1, LOTS 8 THROUGH 14 INCLUSIVE, BLOCK 3, LOTS 1 THROUGH 22 INCLUSIVE, BLOCK 4, LOTS I AND 6, BLOCK 6, LOTS 8, 9, AND 10 BLOCK 7, LOTS 2 THROUGH I I INCLUSIVE, BLOCK 8, LOTS 2, AND 14, BLOCK 10, LOTS 4 AND LOTS 6 THROUGH 11 INCLUSIVE AND LOTS 14 THROUGH 16 INCLUSIVE, BLOCK I I, LOTS 1,2,4 AND LOTS 6 THROUGH 10 INCLUSIVE AND LOTS 13 THROUGH 16 INCLUSIVE, BLOCK 12, LOTS 3 THROUGH 8 INCLUSIVE, BLOCK 13, LOTS I THROUGH 4 INCLUSIVE, BLOCK 14, LOTS I THROUGH 4, BLOCK 16 AND TRACTS A THROUGH Z, TRADITIONS SUBDIVISION FILING NO. 1, COUNTY OF ARAPAHOE, STATE OF COLORADO TRADITIONS FILING NO.2 LOTS 1 THROUGH 31 INCLUSIVE, BLOCK I, LOTS 1 THROUGH 22 INCLUSIVE, BLOCK 2, LOTS I THROUGH 22 INCLUSIVE, BLOCK 3, LOTS I THROUGH 20 INCLUSIVE, BLOCK 5, LOTS 1 THROUGH 4 INCLUSIVE, BLOCK 6, LOTS I THROUGH 20 INCLUSIVE, BLOCK 7, tool it $ X,hlbk•A• The Proper., LOTS 1 THROUGH 18 INCLUSIVE, BLOCK 8, LOTS 1 THROUGH 16 INCLUSIVE, BLOCK 9, LOTS I THROUGH 10 INCLUSIVE, BLOCK 10, LOTS I THROUGH 5 INCLUSIVE, BLOCK I I, LOTS I THROUGH 26 INCLUSIVE, BLOCK 12, LOTS I THROUGH 22 INCLUSIVE, BLOCK 13 AND TRACTS A THROUGH S, TRADITIONS SUBDIVISION FILING NO, 2, COUNTY OF ARAPAHOE, STATE OF COLORADO. TRADITIONS FILING NO.4 Lots I through 28, inclusive, Block 1, Lots I through 19, inclusive, Block 2, Lots 1 through 11, Inclusive, Block 3, Lots 1 through 14, inclusive, Block 4, Lots 1 through 12, inclusive, Block 5, Lots I through 12, inclusive, Block 6, Lots I through 12, inclusive, Block 7, Lots 1 through 22, inclusive, Block 8, Lots 1' through 12, inclusive, Block 9, Lots 1 through 12, inclusive, Block 10, Lots 1 through 30, inclusive, Block II, Lots 1 through 14, Inclusive, Block 12, Lots 1 through 7, inclusive, Block 13, Lots I through 4, inclusive, Block 14, and Tracts A through 0, Traditions Subdivision Filing No. 4, County of Arapahoe, State of Colorado. TRADMONS TIMING NO. 5 Lots I through 11, inclusive, Block 1, Lots 1 through 63, inclusive, Block 2, Lots I through 12, inclusive, Block 3, Lots 1 through 12, inoltrslve, Block 4, Lots I through 22, inclusive, Block5, Lots 1 through 16, inclusive, Block 6, Lots I through 16, inclusive, Block 7, Lots 1 through I8, inclusive, Block 8, Lots 1 through 27, inclusive, Block 9, Lots 1 through 14, inclusive, Block 10, Lots I through 7, inclusive, Block 11, Tracts A, B, C, D, E, F, G, H, I, I and K, Traditions Subdivision Filing No. 5, County of Arapahoe, State of Colorado. TRADITIONS FILING NO.7 Lots I through 2, inclusive, Block 1, (0011I274.DOC; 7) The Property Tracts A and B, Traditions Subdivision Filing No. 7, County of Arapahoe, State of Colorado. • (00181274 CC; 1) The Properly EXHIBIT "A-1" The following project names: Crystal Valley Ranch, High Point at DIA, Pleasant Valley, Raspberry Hill, Riverbend Crossing and Traditions. (00181274.000; 7( ghlblt•A" 71t Prtytrry / EXHIBIT "A-2" OMITTED. (00181274.110Q 71 The Propeeq EXHIBIT "B" OMITTED. l00I!@74.DOC.7) 5705805x3 &NOII •U" Permitted Estep on EXHIBIT "C" EXCLUDED DUTIES AND OBLIGATIONS Pleasant Valley 1. Master Declaration of Covenants, Conditions and Restrictions of Pleasant Valley by Melody Homes, Inc., recorded on January 26, 2000 at Reception No. 2017094 in the Official Records of Boulder County, Colorado. Raan ej.y Hill 1. Cost Sharing Agreement by and between D&H Land Development, LLC and Melody Homes, Inc., dated February 4, 2004, as amended by the Amendment to the Coat Sharing Agreement dated June 16, 2004. (00151274.OOO; 71 Exh1Mta * Excluded mars & ONlpamn EXHIBIT "D" C&D CONTRACTS OMITTED, (CW1d127d.D0C;7) E,ema-D` Excluded DUHn & ONipin, EXHIBIT "E" BONDS Type of Bond Hoad/L.O.C Number bids) Bond Amount n., Amount Nat renewal date or =piratical date Obligee Performance 278982 235,497 235,497 7/30/2809 Town of Cut Rao Lonerof°fTown Credit 8LCMd.4P638C 3229,777 3229,777 2/5/20 10 of Frederick c nit tow )80181274.000; 7) Yr Rends lc, EXHIBIT "F" ASSIGNED PROPERTY AGREEMENTS 1. InclusIonArreement. That certain Inclusion Agreement dated September 25, 2006 by and between Security Water and Sanitation District ("District) and Melody Homes, Inc. recorded under Document No. 206150119 of the Official Records of El Paso County, Colorado (the "Inclusion Agreement), pursuant to which Melody Homes, Inc. requested inclusion into the Security Water and Sanitation District and the District requested certain Improvements to be constructed and water rights could be provided by the district Buyer hereby acknowledges and agrees that certain obligations of "Petition" under the Inclusion Agreement remain to be performed and maybe requIredte be performed in order to utilize the services of the District, and Buyer shall be solely responsible for performance of any such obligations. 2. School Site Agreement. That certain School Site Agreement dated December22, 1987 by and between Sixth Avenue, Ltd. and Joint District 2BJ of the counties of Adams and Arapahoe recordedJanuary21, 1988 in Book 5353 at Page 104 of the Official Public Records ofArapahoe County Clerk and Recorder's Office. Buyer agrees to expressly assume the obligations of this Agreement in a signed and recorded agreement. 3. prreement to Assign Contract to Purchase Real Estate, ThatwtainAgreemenim Assign Contract to Purchase Real Estate dated August 20, 2002, by and between ADM -Celtic Investments LLC ("Celtic") and KDB Homes, Inc. ("KDB"), as assigned by KDB to Seller pursuant to the Assignment and Assumption ofAgreement to Assign Contract to Purchase Real Estate dated October 31, 2003. The agreement will require the consent of Celtic. Seller and Buyer acknowledge that obtaining such consent prior to Closing may be impractical or impossible, and Buyer agrees to close without such consent by Celtic. Seller shall continuously and diligently use commercially reasonable efforts to obtain such consent as soon as reasonably possible after Closing. As between Buyer and Seller, the assignment oftheAgreement to Assign shall be binding upon Buyer and Seiler, regardless of whether Seller is able to obtain Celtic's consent to suoh assignment. (00111274.D0C; 7) asblbrM Aniseed rroperry Aarem enb EXHIBIT "G" PROPERTY DISCLOSURES 1. Crystal Valley: The Town of Castle Rock has given Melody notice that a detention pond in the project that Melody constructed has a problem with sediment collecting in the pond. Pursuant to a Development Agreement with Crystal Valley's master developer, the master developer was responsible for installing the landscaping within the pond. It is Melody's position that a 'failure by the master developer to install or maintain that landscaping has caused the sediment build-up. The master developer has, to date, denied that the sediment problem is its responsibility. Town, Melody and master developer representatives are attempting to schedule a meeting in October to discuss the problem and resolution 2. High Point: The City of Aurora has notified Melody and KDB of settlement and damage in several roads, curbs and gutters which appear to be caused by improper backfill during installation of utility lines. Such roads, curbs and gutters currently require repair. 3. Pleasant Valley: The conveyance of the portions of the Land located in the Pleasant Valley Project will violate the City of Longmont's Municipal Code, which prohibits conveyance of real property prior to final plat approval without an applicable exemption. OEM ix».D0C;7I Prayeey flhldaurtt S305805v.2 EXHIBIT "H" COMPANION CONTRACTS t. Real Estate Contract between CRVI TXAZCO Portfolio, LLC, as buyer, and Continental Homes of Texas, L.P., as seller, dated September 30, 2008, regarding Horizon Pointe. 2, Real Estate Contract between CRVI TXAZCO Portfolio, LLC, as buyer, and D.R. Horton, Inc., as seller, dated September 30, 2008, regarding Eagle Crest, 3. Real Estate Contract between CRVI TXAZCO Portfolio, LW, as buyer, and D.R. Horton — Texas, Ltd., as seller, dated September 30, 2008, regarding Vineyard Meadow. (00111274.DOC: 7) rabgatag Campanba Contracts DUFF & I'ULL1'S, 1_LC • 950 1';o S I KU I 1UI IL 20(10 • DIINV1 K. ( ) h0202 • rvi 303 -499001 • IAn ]03 -19 9011 MICHAEL VAN DONSELAAR Senior Associate TEL: 303-749-9034 MOBILE #: 303-875-5471 michaeLvanclonselaar@cluffandphelps.com DUFF &PHELPS Weld County Board of Equalization 915 10th Street, PO Box 758 Greeley, CO 80632 Dear Honorable Board, July 13, 2009 On behalf of our client, Cypress Real Estate Advisors and its affiliated entities, Duff and Phelps LLC is hereby filing an appeal for tax year 2009 to the Board of Equalization in response to the Assessor's Notice of Determination for the attached list of real properties. The list includes 25 finished lot parcels acquired by Cypress in the Raspberry Hill Subdivision in Frederick. The current assigned value is $49,398 per lot or $1,234,950 in aggregate. This value is high relative to the allocated acquisition price of $150,000 which also included 100 unfinished lots. It is also high relative to assessed values for finished lots owned by Cypress in Arapahoe and Adams counties that are valued at $10,000 to $25,000 per lot. The assessor's absorption period of 2 years does not seem realistic given the market conditions of June 30, 2008. We would suggest that these lots should be valued at raw land value as sell-off is unlikely and anticipated holding costs continue to drive down the value. Documentation supporting our request has been attached or will be presented at the time of hearing. A signed letter of authorization to appeal is also enclosed. Thanks for your consideration of this matter and we look forward to a reasonable resolution. Sincerely, 724, yang Paufsa_ Michael Van Donselaar Duff & Phelps LLC www.duffandphelps.com Cypress Realty July 13, 2009 Page 2 of 2 Parcel ID 131323304001 131323304002 131323304003 131323304004 131323304005 131323304006 131323304018 131323304019 131323304020 131323304021 131323304022 131323305001 131323305002 131323305003 131323305004 131323305005 131323305006 131323305007 131323305008 131323308001 131323308002 131323308003 131323308004 131323308005 131323308006 Schedule # R3615905 R3616005 R3616105 R3616205 R3616305 R3616405 R3617605 R3617705 R3617805 R3617905 R3618005 836-1-8405--$49;398- R3618505 R3618605 R3618705 R3618805 R3618905 R3619005 R3619105 R3622105 R3622205 R3622305 R3622405 R3622505 R3622605 Assigned Value $49,398 $49,398 $49,398 $49,398 $49,398 $49,398 $49,398 $49,398 $49,398 $49,398 $49,398 $49,398 $49,398 $49,398 $49,398 $49,398 $49,398 $49,398 $49,398 $49,398 $49,398 $49,398 $49,398 $49,398 Petitioner's Value $12,500 $12,500 $12,500 $12,500 $12,500 $12,500 $12,500 $12,500 $12,500 $12,500 $12,500 412;500- $12,500 $12,500 $12,500 $12,500 $12,500 $12,500 $12,500 $12,500 $12,500 ��"�� $12,500 ¢a.Cu1 b.,# no IJolj z-‘,},, $12,500 —..&u iti 6.thuaz -nni 0j /4 u# $12,500 -9.4 Q.yi,..yu,. Lra. 2'-4% ?/.3/09 $12,500 c s REAL ES ADVISORS s Letter of Authorization for Property Tax Matters Duff & Phelps, LLC is authorized to represent Cypress Real Estate Advisors and all affiliated subsidiaries and partnerships, as detailed in the attached sheet with regard to all property tax matters in various counties detailed on the attached sheet. Duff and Phelps LLC is authorized to act on our behalf in obtaining and providing information, negotiating, settling, and assessing for all property matters related to the property owned, possessed, or controlled by the undersigned. This agent is delegated full authority to handle all matters relative to assessments and to represent us, with the assistance of legal counsel, if necessary in the appeal process. All correspondence should be directed to: Duff and Phelps LLC 919 Congress Ave, Suite 1450 Austin, TX 78701 Name of Representative: _Adam Gates Title: Principal Signed: Date: _3/18/09 301 CONGRESS AVENUE, SUITE 500 I AUSTIN, TEXAS 78701 I TEL: 512 494 8510 I FAX: 512 494 8514 a , E§ \ DUFF & PHELPS, LLC • 2. to DUFF&PHELPS 7008 1830 0000 fit ;Tri COLORADO July 28, 2009 CRVI H-AZCO LLC 301 CONGRESS AVENUE STE 500 AUSTIN, TX 78701 CLERK TO THE BOARD PHONE (970) 356-4000 EXT 4226 FAX: (970) 352-0242 WEBSITE: www.co.weld.co.us 915 10TH STREET P.O. BOX 758 GREELEY, COLORADO 80632 Parcel No. and Account No.: VARIOUS (SEE LIST) Dear Petitioner(s): The Weld County Board of Equalization has set a date of August 5, 2009, at or about the hour of 1:30 PM, to hold a hearing on your valuation for assessment. This hearing will be held at the Weld County Centennial Center, First Floor Hearing Room, 915 10th Street, Greeley, Colorado. You have a right to attend this hearing and present evidence in support of your petition. The Weld County Assessor or his designee will be present. The Board will make its decision on the basis of the record made at the aforementioned hearing, as well as your petition, so it would be in your interest to have a representative present. If you plan to be represented by an agent or an attorney at your hearing, prior to the hearing you shall provide, in writing to the Clerk to the Board's Office, an authorization for the agent or attorney to represent you. If you do not choose to attend this hearing, a decision will still be made by the Board by the close of business on August 5, 2009, and mailed to you on or before August 12, 2009. Because of the volume of cases before the Board of Equalization, all cases shall be limited to 15 minutes. Also due to volume, cases cannot be rescheduled. It is imperative that you provide evidence to support your position. This may include evidence that similar homes in your area are valued less than yours or you are being assessed on improvements you do not have. Please note: The fact that your valuation has increased cannot be your sole basis of appeal. Without documented evidence as indicated above, the Board will have no choice but to deny your appeal. If you wish to obtain the data supporting the Assessor's valuation of your property, please submit a written request directly to the Assessor's Office by fax (970) 304-6433, or if you have questions, call (970) 353-3845. Upon receipt of your written request, the Assessor will notify you of the estimated cost of providing such information. Payment must be made prior to the Assessor providing such information, at which time the Assessor will make the data available within three (3) working days, subject to any confidentiality requirements. CRVI H-AZCO LLC - VARIOUS (SEE LIST) Page 2 Please advise me if you decide not to keep your appointment as scheduled. If you need any additional information, please call me at your convenience. Very truly yours, BOARD OF EQUALIZATION 1-+ L. . 41. v:'3',,./4� L ''/ itc Esther E. Gesick Deputy Clerk to the Board cc: Christopher Woodruff, Assessor DUFF AND PHELPS 950 17TH ST STE 2000 DENVER, CO 80202 Parcel No.: 131323312026 Parcel No.: 131323312027 Parcel No.: 131323302012 Parcel No.: 131323302013 Parcel No.: 131323311001 Parcel No.: 131323311002 Parcel No.: 131323311003 Parcel No.: 131323311004 Parcel No.: 131323311005 Parcel No.: 131323311006 Parcel No.: 131323311007 Parcel No.: 131323311008 Parcel No.: 131323311009 Parcel No.: 131323311010 Parcel No.: 131323311011 Parcel No.: 131323311012 Parcel No.: 131323311013 Parcel No.: 131323311014 Parcel No.: 131323311015 Parcel No.: 131323311016 Parcel No.: 131323311017 Parcel No.: 131323311018 Parcel No.: 131323311019 Parcel No.: 131323311020 Parcel No.: 131323311021 Parcel No.: 131323311022 Parcel No.: 131323311023 Parcel No.: 131323311024 Parcel No.: 131323311025 Parcel No.: 131323311026 Account No.: R3604105 Account No.: R3604205 Account No.: R3605405 Account No.: R3605505 Account No.: R3605605 Account No.: R3605705 Account No.: R3605805 Account No.: R3605905 Account No.: R3606005 Account No.: R3606105 Account No.: R3606205 Account No.: R3606305 Account No.: R3606405 Account No.: R3606505 Account No.: R3606605 Account No.: R3606705 Account No.: R3606805 Account No.: R3606905 Account No.: R3607005 Account No.: R3607105 Account No.: R3607205 Account No.: R3607305 Account No.: R3607405 Account No.: R3607505 Account No.: R3607605 Account No.: R3607705 Account No.: R3607805 Account No.: R3607905 Account No.: R3608005 Account No.: R3608105 CRVI H-AZCO LLC - VARIOUS (SEE LIST) Page 3 Parcel No.: 131323311027 Parcel No.: 131323311028 Parcel No.: 131323311029 Parcel No.: 131323311030 Parcel No.: 131323311031 Parcel No.: 131323311032 Parcel No.: 131323311033 Parcel No.: 131323311034 Parcel No.: 131323311035 Parcel No.: 131323311036 Parcel No.: 131323311037 Parcel No.: 131323311038 Parcel No.: 131323311039 Parcel No.: 131323311040 Parcel No.: 131323311041 Parcel No.: 131323311042 Parcel No.: 131323311043 Parcel No.: 131323311044 Parcel No.: 131323311045 Parcel No.: 131323311046 Parcel No.: 131323312001 Parcel No.: 131323312002 Parcel No.: 131323312003 Parcel No.: 131323312004 Parcel No.: 131323312005 Parcel No.: 131323312006 Parcel No.: 131323312007 Parcel No.: 131323312008 Parcel No.: 131323312009 Parcel No.: 131323312010 Parcel No.: 131323312011 Parcel No.: 131323312012 Parcel No.: 131323312013 Parcel No.: 131323312014 Parcel No.: 131323312015 Parcel No.: 131323312016 Parcel No.: 131323312017 Parcel No.: 131323312018 Parcel No.: 131323312019 Parcel No.: 131323312020 Parcel No.: 131323312021 Parcel No.: 131323312022 Parcel No.: 131323312023 Parcel No.: 131323312024 Parcel No.: 131323312025 Parcel No.: 131323313001 Parcel No.: 131323313002 Parcel No.: 131323313003 Parcel No.: 131323313004 Parcel No.: 131323313005 Account No.: R3608205 Account No.: R3608305 Account No.: R3608405 Account No.: R3608505 Account No.: R3608605 Account No.: R3608705 Account No.: R3608805 Account No.: R3608905 Account No.: R3609005 Account No.: R3609105 Account No.: R3609205 Account No.: R3609305 Account No.: R3609405 Account No.: R3609505 Account No.: R3609605 Account No.: R3609705 Account No.: R3609805 Account No.: R3609905 Account No.: R3610005 Account No.: R3610105 Account No.: R3610205 Account No.: R3610305 Account No.: R3610405 Account No.: R3610505 Account No.: R3610605 Account No.: R3610705 Account No.: R3610805 Account No.: R3610905 Account No.: R3611005 Account No.: R3611105 Account No.: R3611205 Account No.: R3611305 Account No.: R3611405 Account No.: R3611505 Account No.: R3611605 Account No.: R3611705 Account No.: R3611805 Account No.: R3611905 Account No.: R3612005 Account No.: R3612105 Account No.: R3612205 Account No.: R3612305 Account No.: R3612405 Account No.: R3612505 Account No.: R3612605 Account No.: R3612705 Account No.: R3612805 Account No.: R3612905 Account No.: R3613005 Account No.: R3613105 CRVI H-AZCO LLC - VARIOUS (SEE LIST) Page 4 Parcel No.: 1 31 32331 3006 Parcel No.: 131323303023 Parcel No.: 131323303024 Parcel No.: 131323303027 Parcel No.: 131323304001 Parcel No.: 131323304002 Parcel No.: 131323304003 Parcel No.: 131323304004 Parcel No.: 131323304005 Parcel No.: 131323304006 Parcel No.: 131323304018 Parcel No.: 131323304019 Parcel No.: 131323304020 Parcel No.: 131323304021 Parcel No.: 131323304022 Parcel No.: 131323304023 Parcel No.: 131323304024 Parcel No.: 131323304025 Parcel No.: 131323305001 Parcel No.: 131323305002 Parcel No.: 131323305003 Parcel No.: 131323305004 Parcel No.: 131323305005 Parcel No.: 131323305006 Parcel No.: 131323305007 Parcel No.: 131323305008 Parcel No.: 131323308001 Parcel No.: 131323308002 Parcel No.: 131323308004 Parcel No.: 131323308005 Parcel No.: 131323308006 Parcel No.: 131323308010 Parcel No.: 131323308011 Parcel No.: 131323309001 Parcel No.: 131323309002 Parcel No.: 131323309003 Parcel No.: 131323309004 Parcel No.: 131323309005 Parcel No.: 131323309006 Parcel No.: 131323309007 Parcel No.: 131323309008 Parcel No.: 131323309009 Parcel No.: 131323310001 Parcel No.: 131323310002 Parcel No.: 131323310003 Parcel No.: 131323310004 Parcel No.: 131323310005 Parcel No.: 131323310006 Parcel No.: 131323310007 Parcel No.: 131323310008 Account No.: R3613205 Account No.: R3615505 Account No.: R3615605 Account No.: R3615805 Account No.: R3615905 Account No.: R3616005 Account No.: R3616105 Account No.: R3616205 Account No.: R3616305 Account No.: R3616405 Account No.: R3617605 Account No.: R3617705 Account No.: R3617805 Account No.: R3617905 Account No.: R3618005 Account No.: R3618105 Account No.: R3618205 Account No.: R3618305 Account No.: R3618405 Account No.: R3618505 Account No.: R3618605 Account No.: R3618705 Account No.: R3618805 Account No.: R3618905 Account No.: R3619005 Account No.: R3619105 Account No.: R3622105 Account No.: R3622205 Account No.: R3622405 Account No.: R3622505 Account No.: R3622605 Account No.: R3623005 Account No.: R3623105 Account No.: R3623205 Account No.: R3623305 Account No.: R3623405 Account No.: R3623505 Account No.: R3623605 Account No.: R3623705 Account No.: R3623805 Account No.: R3623905 Account No.: R3624005 Account No.: R3624105 Account No.: R3624205 Account No.: R3624305 Account No.: R3624405 Account No.: R3624505 Account No.: R3624605 Account No.: R3624705 Account No.: R3624805 CRVI H-AZCO LLC - VARIOUS (SEE LIST) Page 5 Parcel No.: 131323310009 Account No.: R3624905 Parcel No.: 131323310010 Account No.: R3625005 Parcel No.: 131323310011 Account No.: R3625105 Parcel No.: 131323310012 Account No.: R3625205 Parcel No.: 131323310013 Account No.: R3625305 Parcel No.: 131323310014 Account No.: R3625405 Parcel No.: 131323310015 Account No.: R3625505 Parcel No.: 131323310016 Account No.: R3625605 Parcel No.: 131323310017 Account No.: R3625705 • i)UI l-tl I'IILlI'S, EIL • 9501-. i. SIRI_I. I, St III 2000 • I)IN'IR CU80202 • ui 3111";99001 • 0,.301-199011 DUFF&PHELPS Weld County Board of Equalization 915 10`h Street, PO Box 758 Greeley, CO 80632 Dear Honorable Board, MICHAEL VAN DONSELAAR Senior Associate TEL: 303-749-9034 MOBILE #: 303-875-5471 michaeLvanclonselaar@duffandphelps.com August 4, 2009 On behalf of our client, Cypress Real Estate Advisors and its affiliated entities, Duff and Phelps LLC is hereby filing an appeal for tax year 2009 to the Board of Equalization in response to the Assessor's Notice of Determination for the attached list of real properties. The list includes 25 finished lot parcels acquired by Cypress in the Raspberry Hill Subdivision in Frederick. The current assigned value is $49,398 per lot or $1,234,950 in aggregate. This value is high relative to the allocated acquisition price of $150,000 which also included 100 unfinished lots. It is also high relative to assessed values for finished lots owned by Cypress in Arapahoe and Adams counties that are valued at $10,000 to $25,000 per lot. The assessor's absorption period of 2 years does not seem realistic given the market conditions of June 30, 2008. We would suggest that these lots should be valued at raw land value as sell-off is unlikely and anticipated holding costs continue to drive down the value. Documentation supporting our request has been attached. A signed letter of authorization to appeal is also enclosed. Thanks for your consideration of this matter and we look forward to a reasonable resolution. Sincerely, Michael Van Donselaar Duff & Phelps LLC www.duffandphelps.com Cypress Realty July 13, 2009 Page 2 of 2 Parcel ID Schedule # Assigned Value 131323304001 R3615905 $49,398 131323304002 R3616005 $49,398 131323304003 R3616105 $49,398 131323304004 R3616205 $49,398 131323304005 R3616305 $49,398 131323304006 R3616405 $49,398 131323304018 R3617605 $49,398 131323304019 R3617705 $49,398 131323304020 R3617805 $49,398 131323304021 R3617905 $49,398 131323304022 R3618005 $49,398 131323305001 R3618405 $49,398 131323305002 R3618505 $49,398 131323305003 R3618605 $49,398 131323305004 R3618705 $49,398 131323305005 R3618805 $49,398 131323305006 R3618905 $49,398 131323305007 R3619005 $49,398 131323305008 R3619105 $49,398 131323308001 R3622105 $49,398 131323308002 R3622205 $49,398 131323308003 R3622305 $49,398 131323308004 R3622405 $49,398 131323308005 R3622505 $49,398 131323308006 R3622605 $49,398 Petitioner's Value $12,500 $12,500 $12,500 $12,500 $12,500 $12,500 $12,500 $12,500 $12,500 $12,500 $12,500 $12,500 $12,500 $12,500 $12,500 $12,500 $12,500 $12,500 $12,500 $12,500 $12,500 $12,500 $12,500 $12,500 $12,500 RE C Bf ASS REAL Letter of Authorization for Property Tax Matters Duff & Phelps, LLC is authorized to represent Cypress Real Estate Advisors and all affiliated subsidiaries and partnerships, as detailed in the attached sheet with regard to all property tax matters in various counties detailed on the attached sheet. Duff and Phelps LLC is authorized to act on our behalf in obtaining and providing information, negotiating, settling, and assessing for all property matters related to the property owned, possessed, or controlled by the undersigned. This agent is delegated full authority to handle all matters relative to assessments and to represent us, with the assistance of legal counsel, if necessary in the appeal process. All correspondence should be directed to: Duff and Phelps LLC 919 Congress Ave, Suite 1450 Austin, TX 78701 Name of Representative: Adam Gates Title: Principal Signed: _ •' C�2 ' 4'yy Date: _3/18/09 301 CONGRESS AVENUE, SURE 500 I AUSTIN, TFX95 78701 I TEL: 512 494 8510 i FAX: 512 494 8515 Z First American Title Insurance Company National Commercial Services 5 First American Way • Santa Ana, CA 92707 Estimated Settlement Statement Property: Raspberry Hill, Frederick, CO File No: NCS-367690-SAI Officer: Patty Beverly/ Marlene Van tag New Loan No: Settlement Date: Disbursement Date: Print Date: 9/30/2008, 3:10 PM Buyer: CRVI TXAZCO PORTFOLIO LLC Address: Seller: Melody Homes, Inc. Address: c/o D.R. Horton, Inc., 301 Commerce Street, Suite 500, Fort Worth, TX 76102 Buyer Charge I Buyer Credit Charge Description Seller Charge i Seiler Credit 150,000.00 r _ 27,748.50 Condderatioa: Total Consideration _.. 150,000.00 Proratioaa: _ Taxes 124Iaa 01/01/08 to 12/31/08 (027748.50/yr _... 27,748.50 1,25000 .. Title/Escrow Changes to: 1,250.00 t Closing -Escrow Fee - First American Tide Insurance Company National Services Commercial Sices 350 W 500.00 750.00 500.00 2,000.00 400.00 100 00 { 1 _ : 4_ , Policy -Standard ALTA 2006Ownda-Fart American Title Insurance Company National Commercial Services - Cox Search - First American Title Insurance Company National Commercial Services Tide Extra Search/Exam Fee - First American Title Insurance .Company National Commercial Services Policy -Star -s ALTA 2006 me - First American Tide Insurance Covgany National il Commercial Service Closing -Escrow Extra watt charge - First American Tide Insurance Company Nanowl Commercial Service ..__ Tine work fee - Fin[Americaa Title Insurance C�Company National Commercial Services REFUNDABLE PAD - Fast Amateur Tide Insurance Copany National Commercial Services 2,000.00 725.00 450.00 750.00 500.00 2,000.00 Record Miscellaneous Item - First American Tide Insurance 100.00 15.00 14,595.59 I- 99,865.91 128,10130 155,850.00 155850.00 Teals 150,000.00 150,000.00 Notice No. 5 - This Estimated Settlement Statement is subject to changes, corrections or additions at the time of final computation of the Settlement Statement. 'Parties hereby approve property taxes as stated above and release Escrow Holder from all liability regarding same. Any adjustments will be made outside of Escrow with no liability to Escrow Holder." Page I of 2 Continued From Page 1 Estimated Settlement Statement Settlement Date: File No: NCS-367690-SAI Print Date: 9/302008 BIIYER(S): CRVI TXAZCRTFO.•u! LC Dela ";,; ed liabi ] B Officer: Patty Beverly/ Marlene Van SELLER(S). Melody Homes, Inc., a Delaware corporation By: Its Au "f _ .:e .e "' " Authorized Capacity President Page 2 of 2 4 2009 Property Tax Summary Colorado Arizona TEB 2008 Total 2009 Total Effective Number Valuation. Valuation Tax Rate Traditions (Aurora @ 6th Ave. and E-470) Typical Finished Lots' 310 $6,138,000 Typical Unfinished Lots" Typical Tracts Filing 1 Tract A Filing 2 Tract 8 Filing 5 Tract F Filing 7 Lot 1 Filing 7 Lot 2 Total Purchase Price 427 $4,227,300 70 $21,000 1 $1,446 1 $1,260 1 $326 1 $1,499,000 1, $162,000 737 $12,050,332 $11,102,938 3.83% 3.83% 3.83% 3.97% 3.84% 3.88% 4.06% 3.83% 3.83% $500,000 High Point (Aurora @ 1.70 and Tower Rd.) Typical Fin Lot 204 $5,683,440 Total Purchase Price 3.87% 204 $5,683,440 $5,196,288 3.87% $250,000 Crystal Valley (Castle Rock) Typical $2,776.76 Lots 33 $2,640,000 Typical $3,193.28 Lots 9 $828,000 Total Purchase Price 42 $3,468,000 $3,468,000 $100,000 3.47% 3.47% 3.47% Pleasant Valley (Longmont) Parcel 1 1 $548,100 Parcel 2 1 $372,400 Total Purchase Price 2.44% 2.44% $920,500 $525,500 2.44% $50,000 Raspberry Hill (Frederick) Typical Fin Lot " Typical Unfln Lot * Tracts (See detail) Total 125 $1,088,506 $1,261,627 2.75% Purchase Price 25 $1,042,925 100 $12,000 18 $33,581 2.77% 6.56% 0.91% $150,000 Subtotal CO Assets 1,108 $23,210,778 521,554,353 Subtotal CO Purchase Price $1,050,000 Eagle Crest (AZ) Typical Fin Lot Typical Unfin Lot Tracts (See detail) Total Purchase Price 182 $1,820,000 $291,200 1.05% 84 $840,000 $134,400 1.05% 2 $108,680 $17,389 1.05% 266 $2,768,680 $442,989 1.05% $250,000 Total ALL Assets 1,374 $25,979,458 $21,997,342 Tote Purchase Price • FInbhed/ Unfs,lwd lot breakdown on rn rolb does not metthactual. $1,300,000 9 To Comment Mixed Use potential Platted land Untended Mixed Use Single family development Includes farm structures PUD proposed change to retail Single family development 13 Year agreement Mixed Use potential 6 Month Escrow Boulder County open space Master Planned Community Mixed Use potential Mixed Use potential 'Includes water rights 1 ° d A-1 Brighton PUD-RE Brighton PD Thornton PUD Commerce City PUD Brighton PU 0 -Thornton PD -County im . a SR -1 Erie AG -County AG -County a PUD PD -County a se 0 it in 000 oao Land Sgft 3,287,036 aof 11,535,559 6,654,226 e 6,758,334 2,580,494 a 6,636,762 4,704,480 6,795,360 3,676,464 '8 2,506,442 6,777,065 8 atn $23,411 $47,045 $18,581 $30,570 $25,0271 $56,163 $43,391 524,0001 $66,599 $37,500 m o m a $55,957 $11,943 m < a a an a s in s Land Acres 75 46 Di a r.;1 264 82 152 76 a gi S 8 8 a 366 35 160 00 Sale Price $5,075,000 $3,679,100 $4,450,500 $2,700,000 $5,000,000 $4,669,900 o o on $8,713,700 $2,570,500 o a $10,150,000 $4,050,000 $5,200,000 $2,900,000 $20,500,000 $1,910,900 $2,681,900 $7,367,400 CO Sale Date 1/29/2007 08888 0 o a m 01 00 3/9/2006 1/3/2006 Nv. 12/14/2007 8/29/2008 4/17/2008 9/29/2006 7/31/2007 2/27/2008 oO o location/Address 160th Ave @ York St 13115E 160th Ave 10925E 162nd Ave 88th and Welby Rd 7321 E 88th Ave 15820 E Bromley Lane "o oa 12501 Quebec St 12745 Uinta St 25504E Long Ave NWC E-470 & 6th Ave Pky 751 Martin St 8612N 63rd St 12000 Jay Rd Leon A Wurl Pkwy WCR 15 S of Highway 66 N of Hwy 66 at Hwy 7 4652 County Rd 28 15028 County Rd 42 Lo V F ` o o 0 0 4e. ti Commerce City Brighton Unincorporated Thornton Brighton 2 ° a Aurora Longmont 1 3 w w O Longmont Longmont Longmont g E a Adams Adams E <<<< E E E E E a a ti a a Arapahoe Boulder Boulder Boulder Boulder Weld 3 3 3 Weld Col Ill W CC C so z L] U 0 C L) a 1 R a •a'C94II;li!ij!II!i c d o4:a .$ atYtl�IIIgali eiis X1'0.• !4a= •9.. !g ' ,.i !- 6 B li a� z 513fle App h `if •ag ar a s s Q tE !11N5,1114,! t ei xs•g$ !L ,931;: ib7 g as Y YI . e P r sgg lc.. 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