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Home My WebLink About20092165.tiffRESOLUTION RE: APPROVE COUNTERPROPOSAL / CONTRACT TO BUY AND SELL REAL ESTATE FOR PURCHASE OF NEW KERSEY GRADER SHED PROPERTY AND AUTHORIZE CHAIR TO SIGN ANY NECESSARY DOCUMENTS - CHARLES BUTZINE WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Counterproposal / Contract to Buy and Sell Real Estate for the Purchase of the new Kersey Grader Shed property, known by the address of 23614 County Road 54, Greeley, Colorado 80631, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Charles Butzine, 3725 West 12th Street, Greeley, Colorado 80634, do Wheeler Management Group, Inc., 1130 38th Avenue, Suite B, Greeley, CO 80634, commencing upon full execution, with further terms and conditions being as stated in said counterproposal/contract, and WHEREAS, after review, the Board deems it advisable to approve said counterproposal/contract, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Counterproposal / Contract to Buy and Sell Real Estate for the Purchase of the new Kersey Grader Shed property between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Charles Butzine, do Wheeler Management Group, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign any necessary documents. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of August, A.D., 2009. ATTEST: £ 461 Weld County Clerk to the Boa BY Co 4 D�p ty Cle to the Boar APP R ED A O FORM: od"nty Attorney Date of signature. 312(2 1/2_9 OARD OF COUNTY COMMISSIONERS LD COUNLORADO m F. Garcia, Chair CUSED Douglas Rademacher, Pro-Tem EXCUSED Sean P. Conway David E. Long 0 C ', W L-02 ca tuC--7) 2009-2165 PR0031 cDS/a0 (°9 Wheeler Management Group, Inc. 1130 38th Ave., Suite B Greeley, CO 80634 Phone: 970-352-5860, Fax: 970-352-0117 1 2 3 4 5 6 7 8 The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (CBS1-11-08) (Mandatory 1-09) THSS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX CM OTHER COUNSEL BEFORE SIGNING. CONTRACT TO BUY AND SELL REAL ESTATE (ALL TYPES OF PROPERTIES) Date: Auauet 10. 2009 9 1. AGREEMENT. Buyer agrees to buy, and Seller agrees to sell, the Property defined below on the terms and conditions set forth 10 in this contract (Contract). 11 2. DEFINED TERMS. 12 2.1. Buyer. Buyer, 13 To Be Disclosed at Pull Signature of this Contract 14 will take title to the reel property described below as O Joint Tenants O Tenants In Common ® Other 15 Corporation 16 17 Colorado: 18 PT N2 25 5 65 LOT B REC ExIntPT RE -4519 2.2. Property. The Property is the following legally described real estate in the County of amid 19 known as No. 20 1.35 + 8.55 acre tract on NCR 54. mere of NCR 49_,southwest of Koren. CO 21 Street Address City State Zip 22 together with the intereats, easements, rights, benefits, improvements and attached fixtures appurtenant thereto, all interest of 23 Seller in vacated streets and alleys adjacent thereto, except as herein excluded. 24 2.3. Dates and Deadlines. 25 (4_,6cr� Item No. Reference Event Date or Deadline 1 § 4.2,1 Alterative Eameat Money Deadline 24 hours from MEC 2 § 5.1 Loan Application Deadline a/a 3 § 5.2 Loan Conditions Deadline n/a 4 § 5.3 Buyer's Credit Information Deadline n/a 5 § 5.3 Disapproval of Buyer's Credit Information Deadline a/a 6 § 5.4 Existing Loan Documents Deadline n/e 7 § 5.4 Existing Loan Documents Objection Deadline a/a 8 § 5.4 Loan Transfer Approval Deadline n/a 9 § 6.2.2 Appraisal Deadline n/a 10 § 6.2.2 Appraisal Objection Deadline n/a I 1 § 7.1 Title Deadline 2 days tram MEC 12 § 8_l Title Objection Deadline 10 days from NEC 13 § 7.3 Survey Deadline a/a 14 § 8.3.2 Survey Objection Deadline a/a 15 § 7.2 Document Request Deadline 2 days frost MSC 16 § 7.4.4 CXC Documents Deadline n/a 17 § 7.4.5 CIC Documents Objection Deadline n/a PREPARED BY: Ron Ramie,. CCIM, Broker CBSI-11-00. Conrad NO Buy and Sat Reel Esmta (MI Types of Properties). Colorado Reel Estate Cammleslon ReelFASTOSonware, tp009, Version 6,10, Whams Registered to: John D. Wheeler, Wheeler Management Gnwp, Inc. Buyer(sl LC F6 05/11109 08:20:43 2009-2165 Page 26 27 28 29 30 31 32 33 34 35 36 37 38 3. 'INCLUSIONS AND EXCLUSIONS. 39 3.1. Inclusions. The Purchase Price includes the following items (Inclusions): 40 3.1.1. Fixtures. If attached to the Property on the date of this Contract, lighting, heating, plumbing, ventilating, and air 41 conditioning fixtures, TV antennas, inside telephone, network and coaxial (cable) wiring and connecting blocks/jacks, 42 plant, minims, floor coverings, intercom systems, built-in kitchen appliances, sprinkler systems and controls, built-in 43 vacuum systems (including accessories), garage door openers including min remote controls; and II 44 Vacant Land 45 3.1.2. Personal Property. The following are included if on the Property whether attached or not on the date of this 46 Contract storm windows, storm doors, window and porch shades, awnings, blinds, screens, window coverings, curtain rods, 47 drapery rods, fireplace inserts fireplace screens, fulaee grates, heating stoves, storage sheds, and all keys. If checked, 48 the following are include& U Water Softeners U Smoke/Fire Detectors O Security Systems O Satellite Systems 49 (including satellite dishes). 50 3.1.3. Other Inclusions. 51 mineral nights, if any existing. 52 The Personal Property to be conveyed at Closing shell be conveyed by Seller free and clear of all taxes (except personal 53 property taxes for the year of Closing), liens and encumbrances, except 54 None - free and clear at cloning. 55 Conveyance !hall be by bill of sale or other applicable legal instrument 56 \AM W'F5if bA\WifhhgbVeWthfrM\gticbta,SMiiegkinkise11kbbkidfdtith\\\\\\\\\\\\\\\\\\\\\\\\\ 57 lips\\11U\\\\\\\\\\\\\1U\\\\\\\\\\\\\\\U\\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\ 58 Met tldt(k\Fxkkkbs1\A bk\MdVkjed htsWit* )hitl blbbkW5\e1i\bl SeLbi fiek\skttMlbilk \tklls\(t at1/2144461M 59 `tiro{ldri>wtak>mDikkth6NahrldfOlbbn1mkTtkkkktldkildthil8rkitdek)Mticle}k\\1\\\\\\\\\\\\\1\\1\\\\\\\\\\\\\\1\\ 60 None. 18 § 8.2 Off -Record Matters Deadline S days Prom MSC 19 § 8.2 Off -Record Matters Objection Deadline 10 days from rme 20 § 8.6 Right Of First Refusal Deadline n/a 21 § 10.1 Sellex's Property Disclosure Deadline 5 days from MSC 22 § 10.2 Inspection Objection Deadline 15 days from MtEC 23 § 103 Inspection Resolution Deadline 20 days from Net 24 § 10.5 Property Insurance Objection Deadline 10 days from MSC 25 § 12 Closing Date 30 days from mac 26 § 17 Possession Date At closing 27 § 17 Possession Time ,/� at closing /Cited 28 § 31 Acceptant Deadline Date Thuraday..atea-11. 2009 29 § 31 Acceptance Deadline Time 5.00 pm 5(-12--4.4( 29 a 25(1) disclosure of Buyer's Identity 24 hours from MSC 30 5 25(2) Inspection Period 15 days from MSC 2.4. Applicability of Terns. A check or similar mark in a box means that such provision is applicable. The abbreviation "N/A" or the word "Deleted" means not applicable and when inserted on any line in Dates and Deadlines (§ 2.3), means that the corresponding provision of the Contract to which reference is made is deleted. The abbreviation "MEC" (mutual execution of this Contract) means the date upon which both patties have signed this contract. \IsSSINYVCM bet tlWannaaadstMS9 }4WIMIaka\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \\\\VOL\ llkilf\1AVhkkb%Aiil;Aibltrhdt`Wealth titbLag `th6hadtlsdaylelal\ikonlakikIsAhitadlStallskOtbiroliht\ \\\\IlishIStidairckIN44006SaAh gash\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \\\\VSSW"kalldb"\b1( Os\Ileial'Jaa�3Alactaihtal nt►\At\ds INIAbhVi8b dati\dalc\ls\ddPaptaag k,\ \\\\t82efilklltal\ls\2xxblthk.a NMhtMtday'alddiM&4b g\4§rbdifiyk\dAetAifitil)ddtec\thilt\tlay\deLtilitldiSallsbhta\3athicW \\\\Uhas >tht8detdt\Ml`bkIreackmakbtia raerweW3dch\di%111ijta\`Gl\SLLN\\Q\SAlhWalleatWanidlrANMk:1ta \\\\1114Wella eekSatt1tt)1'$iddajbIHdW1\neMleobkkbt\6 Atakeiltke4Matladdf iesitiabbflebitaadlll\\\\\\\\ PREPARED BY: Ron Randal, CCIM, Inner CB51.1 t -Oa. Contract to Buy and Sea Reel Estate (All Types of Properties). Colorado Reel Estate Cotwntsston ReaIFASTO Software. Z0200o version 0.1e. Software Registered to: John D. Wheeler, Wheeler Management Group- kw. Burgs) / Z 08111/D9 08:211:43 Page Saller(a) 61 Conveyance shall be by bill of sale or other epplieable legal instrument. 62 3.13. Parking and Storage Facilities. LI Use Only ® Ownership of the following parking facilities: 63 �. 64 and O Use Only ® Ownership of the following storage facilities: 65 hnv. 67 Any existing connected to property will be transferred at closing, if any. 68 Any water rights shall be conveyed by ® bporopriate Deed O Other applicable legal instrument 69 if any water well is to be transferred to Buyer, Seller agrees to supply required information about such well to Buyer. 70 Buyer understands that if the well to be transferred is a Small Capacity Well or a Domestic Exempt Water Well used for 71 ordinary household purposes, Buyer shall, prior to or at Closing, complete a Change in Ownership form for the well. If an 72 existing well has not been registered with the Colorado Division of Water Resouces in the Department of Natural Resources 74 73 (Division), Buyer shall complete a registration of existing well form for the well and pay the cost of registration. If no person will be providing a closing service in connection with the transaction, Buyer shell file the form with the Division within sixty 75 days after Closing. The Well Permit ii is My I existing 76 3.1.7. Growing Crops. With respect to grovling crops, Seller and Buyer agree as follows: 77 If any, prorate to closing. 78 3.2. Exclusions. The following items arc excluder 79 None. 66 3.1.6. Water Rights. The following legally described water rights: 80 4. PURCHASE PRICE AND TERMS. 81 4.1. Price and Term., The Purchase Price set forth below shall be payable in U.S. Dollars by Buyer as follows: 82 I Item No. Reference Item Amount Amount 1 § 4.1 Purchase Price L $ 75, 000.00 2 § 4.2 Earnest Money S 5,000.00 3 § 4.5 New Loan n/a 4 § 4.6 Assumption Balance n/a 5 § 4.7 Seller or Private Financing n/a 6 n/a n/a a/a n/a 7 n/a n/a a/a a/a 8 § 43 Cash at Closing j 70, 000.00 9 TOTAL. S 75, 000.00 $ 75,000.00 83 84 4.2. Earnest Money. The Earnest Money set forthlin this section in the form of check exam Buyer 85 is part payment of the Purchase Price and shall be payable to and held by Baritaare Title 86 (Earnest Money Holder), in its trust account, on behalf of both Seller and Buyer. The Earnest Money deposit shall be tendered 87 with this Contract unless the parties mutually agkee to an Alternative Earnest Money Deadline (§ 2,3) for its payment If 88 Earnest Money Holder is other than the Brokerage Zinn identified in § 33 or § 34 below, Closing Instructions signed by Buyer, 89 Seller and Earnest Money Holder must be obtained en or before delivery of Earnest Money to Earnest Money Holder. The parties 90 authorize delivery of the Earnest Money deposit to the company conducting the Closing (Closing Company), if any, et or before 91 Closing. In the event Earnest Money Holder has agreed to have interest on Earnest Money deposits transferred to a fund 92 established for the purpose of providing affordable housing to Colorado residents, Seller and Buyer acknowledge and agree that 93 any interest accruing on the Earnest Money deposiid with the Earnest Money Holder in this transaction shall be transferred to 94 such fund. 95 4.2.1. Alternative Earnest Money Deadline. iThe deadline for delivering the Earnest Money, if other than at the time of 96 tender of the Contract is as set forth as the Alidrestive Earnest Money Deadline (4 2.3). 97 4.3. Cash at Closing. All amount; payable by thelparties, at Closing, including Cash at Closing and closing costs, shall be 98 in funds that comply with all applicable Colorado awn, including electronic transfer funds, certified check, savings and loan 99 teller's check and cashier's check (Good Funds). All required Cash at Closing shall be paid to allow disbursement by Closing TOO Company at the time of Closing OR SUCH PARTS SHALL DE IN DEFAULT. Buyer represents that Buyer, as of the date of 101 this Contract, ® Does ❑ Does Not have funds limit are immediately verifiable and available in an amount not less than the 102 amount stated as Cash at Closing in § 4,1. 103\Mi\SAflr}Vateall"VnlirklhtlohlrtselhitA; BtMatdt/,tlkditkh{ey`bet&111ekMfole`►CMAhi(S4llkk\\\ PREPARED BT: Ron Randal, CCIM, Broker CB91.11-08, Contract to Buy and Bea Rail Enshe (Aa Types of Pmalemel. Colorado Real Estate Cemmieslon ReaIFAST6 Eotlwaro. 62009, Vernon 6.1 e. Software Registered la John D. Wheeler, Wheeler Managimam Gmup, Inc. Buyerts) ('Urb 08111/0900:20:13 Paget.Salle (e) 104 \ \o lbe&\Oath titbit% WsIttg\lkkbd loalMjddBb1 bails, tdAd biihh1abtiei Ede us b,il\iW ils\tibdlhihltroSi1ob idiil,bltbbb Sine 106 \\eb ba8119"'PA \lea MP&la mama eAIj\ia►edtlei;ellb a bobi'`Xherlaliead lA via St hbMbb}\\\1!Mse 107 \`OddcSsiddhV'lalsill tless\tItAinY\61da1SeNctil\teartbjoi}lektak\B tleisl•Whbk\,h\drte\6dritldo\\iMbkiiobLlbRS Ur 108\`MfratesiedeateetitibgkleNte'eee se,i ')4Wtl'dolbi}hkelMarked&JdhthesAM \\\\\\\\\\\\\\\ 109 \\tag,\(ells.\nadrl\\l\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\s\\\\\\\\\\\\\\\\\\\\\\\\\1\\\\\\\\\\\\\\\ 110 \ \ \ \ \VS% \ MOHO \ NolLIthis 1:14.13\ 1841516,1attki1M9\ikbrInlls5Idi14140VSi fiktbh43MMlkenuely\0dy\S ltlab\dSM\lash 111 \\\\\Nibbllitt bldtebtSekheal alea\etidttkkeefeee la Add hisser\\1111\\\\\1\\\\\\\\\\\\\\\\\\\\\ 112 \\\\\*MA ushjtAt\111ByAdldetk4eakkotk\A+yba\d1hlivbk ktit ic41h bbhahhaelp:4bla1to\ b�et\b,klN�dgt4,ti1 h41t 113\\\\\lobltthdtltMANNj�ld�1A,164Adt H *teliNA+i\4153%WA 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ebale\eilatltatOeeheet191 \Nv\m iietals\etail5abidrjrtblBslikk,\,b1t*tag\i3Whadein4, 163 \b* bdhieWs late\tlidti,\doliNkk\NNMd, beat b'EllateWS. TahriCll)libbblailibaVAt kfib161ebbtahfi t}ar1\tt4sLSAIQe1A b ldr 1Biitek;\SellclthastAlMit.e klulVlats.11tb\bMbbife\?thin \libar\ke'Atlblfah\tbiitbdickHbbi PREPARED BY: Ron Randal, CCIM, Broker C851-11-08, Contract to Buy and Sell Reel Estate (All Typos al Properties). Coloredo Real Estate commission ReaLFAST®' Software, 072008. Version 6.16. Software Repislered to: John D. Wheeler, Wheeler Menepement Group. Inc. Bvyer(s) 4/ft 05/11/09 oa:20:43 eerieeasels) 195 196 197 1.98 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 164 \Mitaka 4IAN itll&3hblalc\this\OMtlMIthd11\a.F,),a,4te\,o maw DOES \ \ TWENY\DV:fxU\TWNIT 'E% 165 \N ltrCS\1U\It RM?sATlEj\rl'iM \% ONDI Ib1N%DALYJVs$\D`Of ,\wu* Dish\ ANA\BOWS\*DM:ft 166 \ MOW \ S1D4nn \ gp, \N tAt9ADOE,\ %1tWlen \xr wigwam= \1'IWmm y* mils \ eONTi4►dy'► 167 \`M1> 1a'aagtkk)shaasy),\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 168 \Sal`et\Ant\hufbiabhiibhLbhittehb\NhdrlSeblMADaad.\ UMW Is\to\day\1NtdtVahhheIMP Obi* \R,tiMAb#tik&atttf4\a 169 \ pithnikich+ 1thkk 6a 6dvbA by'6 IlheMIVYbh\cl lsbells\bha V9 bbl bl be Nekeedt\dt\ts "W Vile ° b SS" ethnikejal Eb"he' 170 \bath'WonSage4ilkdrk'PAW M IMI&\3i\Bbjdrb\fhhhkij\theattMeithhikh hItHihh Asbichlal mathh\t\9th l& 171 MlbjebtaiNisk,bbbh\Inbbbhhheehfiay\ehhlthllMANY8SbOtrlbfi e?%%Qaadakahbhtblibit le\*1,NNh1Bbjhes 172 k\cWsb)tiafblahhaaahid! hdobithrbittslllacYbalk\4, e t\ar&Nh*WObaelcbiainth alijakhThfahbllt\elraNhjRhaltht hedit l 4 \�a\tbt3�radiht bbltht ego \ N cLhltfaltbk alla tin eltshAi8altth66 t ae1B'ba ht#thheleMbbh » Mil y bans a� as 175\ratea3ellikin\atLbhletaoaj,Ail\dlblehlt Nazys\khtekdellalainleheetib1,14A)\ib\btab\,ehe\gh#irVateabkbed4\I 176 `sbkat'bN`by\d,aaekbaPtMile,la`hJtirbY\Se1ha,WltOddtinbAheheeattthetll�Fdr\debbitBBt\at ileeek ibeahbate 177"tahes\efeeeeddlibMs\a}\eny\N1e4,130JtbeVedb\dihadb#VtlYee kI&eateceetkb3t\tb\SW"is\tbtH \ 1144e4Nsw 178 \BdaL\(il lybNI 44" %ah,b}l)o`ak \ ybddibailditt `6' N?\ Mleees \ Na:\t1j;1k\tb\Walk) \de rb\O baa>7,.1MMSesih\at 179 `OIbhat�VlltVAIM\tbt\ae'tY tMii4\Mbi184tbhSlat\dr\Bathj'46AIhatbILbbbbhbtldd\ tlthIhatbhbidthliNy\Sali k,\end I 80 ‘0). vkaam \kg kbhaEih/ehk\hack\dchlthhf'Ganda ilhe itirlIdt\Ba>kY's`tiehhaMJiMky\adderbNNtivbathkitleNbaaRRbyk's 181 \ NA* '6tltiohWeed TA,ybtttolth3Mith¢rbi'hhdABe#eeWk?baft hMLiakddhn\Dhhadad441119\ihaa`6bLhabIhrhi dhanhht os 182 183 \shalk lt8hattitIcb'olthhta'BJyfNahhehA&MbNLbaaltt00lieyyb`Se11aA\IIthIlir\adeshteb'bbt\d3t11WdbF isUAllkDdehhiNto 154 \g, 14tYdakhlaihlCbLkha6aAttleadalta\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ hb40Otidtdkabtalt\D hk%lihb\dMThbkldOaIQI6dkaah ANer\dhbll\deN 185 t(ktclddihbkbte)NecleetNetlol\lt\l1a\tyhhaaMbetldtehjbi,Bb�lekislt4t h\bbabatbhSbaltie\('g\n3hnetihtbeent 186 `df\8ayk}\ithe "telbel\l\bb�bbh) ,Y3tsybkdiayl bbN4ipbldJalbYtteejahMeibad,biLdaHldab\dddaLieb"libibtten 187 htotitb`ai\Olt &ebb\to\ hick \ IMO doaaaaleah\ht'ghaaby\Baysel)6\mt\telohWdby\9Nteh`bly\ fish \8iolaibb\tbat\\191'6111 ats 188 `bb}ebeibb'9ealthhb \ MIA Vbeice bathe'?" tbedte haakaattilibas\hSUle\adc4ba%IFNk\fekbari\tlp' 6W0rI\aatWA0f I89 khelrk%O\ty\hkhIpliboth sOckteebais\adoUk1dt11ltheA tyakdaDdtiti4ladh\if►phei ii\alit&ldtthha b ltle\ bs\s1s &\Mich 190 \lbadsbklehie\abat\&kth`&Vbe. \tfYasidekbkbkbEltlinhlitSAIthia ThhitithltIt elahilt bislikk\ t42.yN\&IICohkaet 191\dhhN\aa,kykb1MbhbllkiddksblIf\MIAIs\tb\OMMahMtSbhiliabTtithhithlhe Web\bci3dog\ibhaldt1Thi \ddelkMbbMididch. 192 compliance as set forth in $ 4.6, this Contract may be terminated of Seller's option. 193 6. 11\AR1tAtSAL\PIR6Yi\lbYi1.9\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 194 \at\\Ri�ddeby\lltbeenUR*\lehalSbeeMbhy\at),heebbeSekbelej ,Aldt},tbbetelate)wIAithAb'ailm bj,dttjatct\a,)►ddf 1th4\r e a il%v3eybha\dame\ldehaka\hhlidy\abttaaV"ePgcllke\awake\tbhkrbat,\'&11beWdy\"S atetthl\ICatthkt IhOtheiYtraabkaatabaelS\4V \elk MICW01 8tJk h\U�tla\M a1rWdbkbbtereVu\a\ad�sVbllbb a6 Went1 ddlk\df\alb `k\B.bke6lbeiNYthl bSene.bata tbbeIeredtet\i&"&II ra \ I9'IAaahebete" bh#\a,1,liballatety\saNeADMedlrlIIe Al be ON" b khkeleetehhedtktltk,MA(¢)'tBdtkbc)tlathhAa\Ietb`cbblplethaby'6buait beasT&WtefvheRtilaahaserkees\*Sibaalaehttekb aohLek\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 6.2. Ap praisal Apppraisal Condition. IN 6.2.1. Not Applicable. This 6.2 shall not apply, \ L\T \ bY4t2,\aOAMAteArk Ottick\\&l9k\bnhhablthAtib\tlotdbOothkitk klebaddkdkhaddaald.N$s\ibbtrhott"llne ItWehLtb\nrlde\ \\\\\beet kle\ntbbks`tyYbtiklbaaiaaaatbathasaaby\dlb ereedr4a uvhJtitxb\\\\\\111\\\\\\\\\\\\\\\ e'ele4raisee \\\\\eekeeeitkWaeabScbtajkhaeBbyalks\laia'leb`altebeleefdrb\A}, itel\MIME" 43.SeinleQadeebeeealIetinhkbbjrMISeA '\\\\ben e\idg\aeSbft rAMibbdbbliaabYhbece atetsaaahaVA" b‘c10))1'"AetklAVP`alaMkehlubebetlece VberbMbeaeWbee \\\\\bbafhAs\Hie\111A4443 `vklultheh lehlt Wit\ \Parlshiltib \Pilch) litchWellv3y\Setler`dn\et\SA)d kbkak\\Ob)aetkah\ \\\\\Ylebentlta`(l¢t1\1)\\InbleMdel\tbeeerbibabbebWs tMi'i Alle k\eareth'ahblkhNeei'dab\Ap}kat#ik\t9b}dchbel\betldiiale\ \\\\\)431!)ah#erbetheshhiSMOMalebbiblabebeaeeterbbbetaire""\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 111\ \ el&Vt\ia*rb1cW1#tabkdeN\dtitWtieltbltahalb`ay\etheAleAfrelaokwe\tbks isee§ rr\dra\PJrbna eetBqcbe§RoIA \\\"Pak" bblibetea "bailable" NMIVIeBab `orthel'idgk}{y\desaNMI harahs\dr\to\atabhkd$Atiadelty\I3e&r%i aFVhefeei, \ \ \ \ lshadey\de bbfe\drkthet& Jiie\takbeeMba "MAI& ' ems)'0 12"eeeb`lietbeet\abeat\ib ukee to TEIDeNabitlek\ecigiee ebtls\ \\\\bbMtledeeetbhiebeisa4ed\to\WeabechearelattIkh Selelbkistride ?Dean eerksoY\UtdtehlseY'rith)behDikekEahMtshbht\ \\\\laelhebefIen tbith\nA beeabasebelliabb"Itit"heelhesWsaa'S\AM \\U\1\\\\\\Thaltertablel%De#dr?MAN \\\\bMlati*Iplfttabdbdda80ck8 k eMMg*kh'cbas\a>\dtbddt1.61\& `(lohbikAJrhbas)t\l N\dNie\ide sllrNk\,ypkaiSedt \\\"it'MinaMed liWlaalathkaaaaaaek\thighldkntb`ae'taddibauk\sbksl,\doM1.)1ttgobaWekAlla dtek\dt\Hdtl *MaMin\ \ \ \ \ to MAtiebb Wi11 idsbkdtT irMaesst "Ott"WMWdi""Alkbbha,nbbb\st tte PboOfts TelsttkNkab\(tiuyay\ebbkid\ \\\\\adsY#beheaelekeeleNheellai ktheekbbkke"Mt\kakeedeky`ebehtk§Bisbee\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ `IA\K1Ztd.\V» \ltis\i,ayhSsklyltitrka itbly`rabid'has\itMiabaay\hN,b $40iNehiamili maid,,Wtabaicbakde0340bhillSet. \ \ \ \ 1&\b \bI'Vehhtt# by\fbekkhk\beEat" dat) W 3shettelea bk ba\ddi, kY\tb stett\anebebrIeeVradthihe \ \ \ \ bbkcWbaa \ado>dlate l \klaih,\1Nda`Qtidatat►rlskdhlthaYhladr\doi{takarw,ltnc\kdeaadbtabalubWf\dta bktLatiiHeli\>b)\\lk\ \ \ \ \ bit nhSt A lkkrhtls\Atibkl.\'tneedebahaeak teigay\ek}e3NatQ haaaiereelbee\tha bkihtdlbhbh�` IereaMees\Jykh 1He\ \\\\b\itaah+\ hh M\\\ be "NAM ege\V,\the hA roe\bemalleb&Wila t\h n l\�\�\ \\\\\\\��a\ 1,3 yarT� ag \\Geh\hFb1i��\ikeibh'IMebaloWneft�‘Nk;Nan\el\bakbnaetia a8`ba\SM1r`0ea PREPARED BY: Ron Randal, CCIN, Broker CBS1-11.06, Contract to Buy and Sell Real Estate (All Types of Properties). Colorado Real Estate Commission ReeIFA$TG Software, 6`0009, Version 6.15. Soflwere Registered lo: John D. Wheeler, Wheeler Menegemenl Group, Inc. Buyv(s) vl/C 05/11/0905:20:43 Pageir Sellers) 226 7. EVIDENCE OF TITLE, SURVEY AND CIC DOCUMENTS. 227 7.1. Evidence of Title. On or before Title Deadline (§ 2.3), Seller shall cause to be furnished to Buyer, at Seller's expense, a 228 current commitment for owner's title insurance policy (Title Commitment) in an amount equal to the Purchase Price, or if this 229 box is checked, 0 An Abstract of tide certified to a current date. If title insurance is furnished, Seller shall also deliver to 230 Buyer copies of any abstracts of title covering all or any portion of the Property (Abstract) in Seller's possession. At Seller's 231. expense, Seller shall cause the title insurance policy to be issued and delivered to Buyer as soon as practicable at or after 232 Closing. The title insurance commitment ❑ Shall Shall Not conunit to delete or insure over the standard exceptions 233 which relate to: (1) parties in possession, (2) unrecorded easements, (3) survey matters, (4) any unrecorded mechanic's liens, 234 (5) gap period (effective date of commitment to date deed is recorded), and (6) unpaid taxes, assessments and unredeemed tax 235 sales prior to the year of Closing. 236 Any additional premium expense to obtain this additional coverage shall be paid by 0 Buyer 0 Seller. 237 Note: The title insurance company may not agree to delete or insure over any or all of the standard exceptions. Buyer shall have 238 the right to review the Title Commitment. If the Title Commitment or its provisions are not satisfactory to Buyer, Buyer may 239 exercise Buyer's rights pursuant to § 8.1. 240 7.2. Copies of Exceptions. On or before Title Deadline (§ 23), Seller, at Seller's expense, shall finish to Buyer and 241 Bayer's. attorney to be determined(I) copies of any 242 plats, declarations, covenants, conditions and restrictions burdening the Property, and (2) if a Title Commitment is required to be 243 furnished, and if this box is checked ®Copies of any Other Documents (or, if illegible, summaries of such documents) listed 244 in the schedule of exceptions (Exceptions). Even if the box is not checked, Seller shall have the obligation to furnish these 245 documents pursuant to this section if requested by Buyer any time on or before Document Request Deadline (¢ 2.3). This 246 requirement shall pertain only to documents as shown of record in the offices of the clerk and recorder in the county where the 247 Property is located. The abstract or Title Commitment, together with any copies or summaries of such documents furnished 248 pursuant to this section, constitute the title documents (Title Documents). 249 tbl\Sdevbir\bi.bt\bdlbtee\\9dt'v410t ails\Q§iA3,)\C)'aahk\©miytek\DltklbSMekldtdbldsle\Bt ahame\iAdekldtWd 250 Ylden Arlih>\ddtb}1&e\ tbbWtthbhb'E1tt1e\dsd.ktlabltbtIsed1A.4.iJe\Ihlrkt'rut\(B1t4 lSbalssAddey\pml,\\\\\ 251 4�AX4\rbaatbe,►t\na abNartitnakiLy vN.\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 252 ElWt41 t'WHIMVeb b IM tQM \oSba bban\\\\\1\\\1\\\\bVach libbf Mat\431k9c! 254 kbdikbrat\bdbhtilitkd\djthathda�a r).lil eatsuybMcItnYeeniedIdillie kbM y Nay , r a \ 255 1214,bittl Ithithh*EatithittichtejtagrWaitellIthalittnlW,bafyiNNS \III9A\\\\\\\\\\\\\\\\\\\\\\\\I \\\\\I\\\\\\\ 256 7.4. Common Interest Community Documents. The term CIC Documents consists of all owners' associations (Association) 257 declarations, bylaws, operating agreement, rules and regulations, party wall agreements, minutes of moat recent annual owners' 258 meeting and minutes of any directors' or managers' meetings during the six -mouth period immediately preceding the date of this 259 Contract, if any (Governing Documents), most recent financial documents consisting of (i) annual balance sheet, (2) annual 260 income and expenditures statement, and (3) annual budget (Financial Documents), if any (collectively CIC Documents). 261 7.4.1. Not Applicable. This § 7.4 shall not apply. 262 \ \ \ \ \lt*t1Lddtbioh\ el ienidarbhttYabelbkrlM \tkiF RkWuwc 'ts'L`AMAMS Vitra t L\I:SONIN\GAB,4Tt 263 \ \ \ \'GGMCtf M1fl \4Si19\loaleaE \7ro ArTZsECL ffkl1 M R% VUOPIWOMMUMMTIMItcrItILIVOA \tVks 264\\\\InaGRERfl\wat\BEWEQtJTREIAEG\BEYt\brelat iterab'S-\'kNLb1 R'84>,SSUCCAVYURtbA\'11LEIGOMAQtR IVII 265 \\\\\AND\WII,L\$s\SUMMON tfl'OtB'9r 1MAISy(W9\XUL'ES),S4D\MGUlyA,111ppts XIII VELE\ASSG MT►GWMIBIS 266 \\\\\DISnn.IAybATfl1N\19,11AWSS AkD\ktA1$Q\ANl),W36USy 413Ss\M1,L\yMPtell VPbblyICIAnpBDiINkTCtl3S 267 \\\\\1riOMMa`OWt4BR\d6\tN \RRUPLbalMINCLtIpR46\Altl\I ITGA IONVIO \ RAN\ ItI9913994UNTSOP\mg 268 \\\\\ASSGttt\V10)i 1111VIM WAWA ttIBSINIZZ PhYtT1 6$\ASSE5Sa3ENT5)TTdk1ASSILIO 'iM1113 y11214, 270 $ \ \ \ \ \M ILES\ANU RLi3iISATIG \'hPAE`aGk 141INSWi MAY MQ)Bldi'F TilE OWNS% Eatammarsa y3HANGSs 6 L 272 \\\\"OAMMZ\RBSOeMtlOpik11MOtliftl3WFrROVIAY-\A1T1'XNEW�SSotTAT1GfhmamJAG'El> 1untkumea IVKk ils scinklAnints\ 'Os 274 \ \ \ \ W4iAThE MAWS WtSSCtMT 1 ttOIV\ PUi NXrONEMONITI\ 5 , niot tLia ts4Rfili'b\1L 1%\'ll A roof \i AR)&t! frk vas 275 \ \ \ \WS x3ceviNniARINNANItt .JIBBViMW g Aida RULtpsDID TWOMO yOMOs.Ea\'Sso iATION),\\\\\\\\\\ 276 \ \\7,43.\4dt'cdadiebbeNotilt ew,\Boer\elk>\mreal1laailmab wal\itaetJ ba ,dnabaltirmbbdaaatk.\Ba, nil 277 Ve3/42WaValIMISIAMickesPikebbhbilib,\69lieldierillinaialnakkl'theith4kanfAhWhiethinal*WellrittWtirh ittw 278\\\1\abllkirditres\iWitthhabdrht\tldtbWi3CbktrbdPdtlte,vtaaaaal1d2n1s\ltbhitMagiahEda,Nhiirtn'≥<6Mb'F+§\8t?,\1\\\1\\\\ 279 \\\\\rn.1,etc\mhbbr<idehhihAISIIlati\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 280 \\\\'Wn\\'vl4att 11Rkdalahrat\VW, th h1a\'edlw 1k411\elbk tVIAtit ;11,lba1114\63\bb\Orbbtwa\b\Nk 14 a\ 281 \\\\\\\\\`61ybt'k\ciitiehbeV 4loMlJ,k\)G t\Bbbtldrbatatele nle\(u§\2M\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 282 \\\\\\�\\\V17 L2\*ISAleb\h eatiOlMAUSA \S&ndlr `\Wdtieb\WelAbidc\Sddob4bl\orb\in1R`ts&Lts\Ubktale1, WBlyA4 284 \\\\\\1\\'VAUD*Wei XN)OgWeita'stua \d®,1)dabhhto IRMA& 'VISA hi o►ka\4'hAVIyle kt w 285\\\\\\\\\bY1RAdIQUobbilehte\teWbtdi bytditdnkb\,hlek baxtbassns'ti\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 286 \\\\ 0n\ 1O4en klb4e\J,\lath btM'i1lkh ¢11,414.1bbt§\R8\11216\d)EelkddlVIA itAlAstiMs\dt\tltW4VAS PREPARED BY: Ron Random, CCIM, Broker CBS 1.11.06. Contract to Buy and Sell Real Elate (All Types of Properties). Colorado Reel Estate Commission RettFAST® Software, O2009. version 6.15. Software Reclaimed to: John D. Whetter, wheeler Management Group, Mc. Buyers) Gr/G'Z DB111/09 06:2U43 Pago Seller(s) 257\\\\bLbNte1*MWiihbt)Lbkddbtl$MkIEhkTabldrj'VreiaVbh\t'h\,tnyWA(hkvactucitows,\Ibt\Brjrdrrts\eltbjdeU'Witisbke10414 288 \\\\\Agee V Ad\ikWdbath111dt\BJVe}\doMddlibbiok\O'Se)Th ddbAbO NAtYi biatltltbbta\bbjetbloh eitlitlrk\t\S\ )1 289 \\\\"s'bhN' k SSthrn, n<btiaa\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 290 \ \ \ \ \ \ \ \ \ 5yh�bhM\0J31eih1delJ AdthtOIi\ID cutler rich lftk\1"Ii\badtirltiah\Oditilbrle\ �§ X13)1 \Btllte4\ahiN\Hebk\ihwihnt) b1 291 \\\\\Wen N a°h&\this\C2uldiblbjovkitldn\Adtkt\dell'blench\eb`6bltbtlbdlab'bbldnSIS\tldjls\WNelr h8drldcbhplbT 293 \\\\\th§C E\Dbadcherl& jklbImhdtVeSii'e't)delekOdclth k�lbk'ifk}L\MiltbdkliibaecktekrkkdaMhbbhiladahtaAike 294 \\\\VieTarthhieiXtir�,jtiat\tb\t)do119 McX§�s lirue 2:S1 d t b1\bbee1 lWWskklt bdtlde X A) jM�klidtbi SOB ahkiei 295\\\\\Br13tYlthddpl5\Nde\}kbinlsdoltk Z1 CITbdukdt►tt31\sink\Bd9ek'1hibli tekhidabl,Vitt tbhbadt1/2)ttrtdtaS VMkdctSA 296 \\\\\dtaiYdd,\tblddtl rddidjjyie}kbbtikkikvi1(\81S,\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 297 NOTE: If no box in this § 7.4 is checked, the provisions of § 7.4.4.1 shall apply. 298 8. TITLE AND SURVEY REVIEW. 299 8.1. Title Review. Buyer shall have the right to inspect the Title Documents. Written notice by Buyer of unnurchentability of 300 title, form or content of Tide Commitment or of any other unsatisfactory title condition shown by the Title Documents, 301 notwithstanding § 13, shall be signed by or on behalf of Buyer and delivered to Seller on or before Title Objection Deadline 302 (§ 2.3), or within five days after receipt by Buyer of any change to the Title Documents or endorsement to the Title Conunitment 303 together with a copy of the document adding any new Exception to title. If Seller does not receive Buyers notice by the date 304 specified above, Buyer accepts the condition of title as disclosed by the Title Documents as satisfactory. 305 8.2. Mitten not Shown by the Public Records, Seller shall deliver to Buyer, on or before Off -Record Matters Deadline 306 (§ 2.3) tree copies of all leases and surveys in Seller's possession pertaining to the Property and shall disclose to Buyer all 307 easements, liens (including, without limitation, governmental improvements approved, but not yet installed) or other title matters 308 (including, without limitation, rights of first refusal, and options) not shown by the public records of which Seller has actual 309 knowledge. Buyer shall have the right to inspect the Property to investigate if any third party has any right in the Property not 310 shown by the public records (such as an unrecorded easement, unrecorded lease, boundary line discrepancy or water rights). 311 Written notice of any unsatisfactory condition disclosed by Seller or revealed by such inspection, notwithstanding § 13, shall be 312 signed by or on behalf of Buyer and delivered to Seller on or before Off -Record Matters Objection Deadline (§ 2.3). If Seller 313 does not receive Buyer's notice by said deadline, Buyer accepts title subject to such rights, if any, of third parties of which Buyer 314 has actual knowledge. 3I5 8.3. Survey Review. 316 E 8.3.1. Not Applicable. This § 8.3 shall not apply. 317 \\\\\hbltadbbkkbbrecha Ytk bit ,b61 lAnab 101Ak hhotti6 ,lab as Rd�¢t§ eA44S b a d 319 \\\\WealWihaIkhhlbl&Wlrlir4y bBbiannejQ\i13Al9dtt\kddh\bbiaNtetNaaf\DA lhbikbd\sht\kdtikhilatlddAlltle, 320\XXX ish.5tigsit tf\gettNatala‘da '60teb,e\DIVeniNtaltibii`6drbb}UNjhdddeDbhattog`(§\23)t\N ar‘ health\Nde\Sbtaby\tls\ 321 satisfactory. 322 8.4, Special Tatting Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION 323 INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE 324 PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT 325 RISK FOR INCREASED MILL LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF 326 SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO 327 DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYER SHOULD 328 INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION 329 INDEBTEDNESS OF SUCK DISTRICTS, EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH 330 INDEBTEDNESS, AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES. 331 In the event the Property is located within a special taxing district and Buyer desires to terminate this Contact as a result, if 332 written notice, by or on behalf of Buyer, is received by Seller on or before Off-Reeard Matters Objection Deadline (§ 2.3), this 333 Contract shall terminate. If Seller does not receive Buyer's notice by such deadline, Buyer accepts the effect of the Property's 334 inclusion in such special taxing district and waives the right to laminate for that reason. 335 8.5. Right to Object, Cure. Buyer's right to object shall include, but not be limited to, those matters set forth in §§ 8 and 13. If 336 Seller receives notice of unmerchantability of title or any other unsatisfactory title condition or commitment terms as provided 337 in §§ 8.1, 8.2 end 8.3, Seller shall use reasonable efforts to correct said items and bear any nominal expense to correct the same 338 prior to Closing. If such unsatisfactory title condition is not corrected to Buyer's satisfaction on or before Closing, this Contract 339 shall terminate; provided, however, Buyer may, by written notice received by Seller on or before Closing, waive objection to such 340 items. 341 8.6. Right of First Refusal or Contract Approval. If there is a right of first refusal on the Property, or a right to approve this 342 Contract, Seller shall promptly submit this Contract according to the terms and conditions of such right. If the holder of the 343 right of first refusal exercises such right or the bolder of a right to approve disapproves this Contract, this Contract shall 344 terminate. if the right of first refusal is waived explicitly or expires, or the Contact is approved, this Contract shall remain in 345 full force and effect. Seller shall promptly notify Buyer of the foregoing If expiration or waiver of the right of first refusal or 346 Contract approval has not occurred on or before Right of First Refusal Deadline (§ 2.3), this Contract shall terminate. 347 8.7. Title Advisory. The Title Documents affect the title, ownership and use of the Property and should be reviewed carefully. 348 Additionally, other matters not reflected in the Title Documents may affect the title, ownership and use of the Property, including PREPARED SY: Ron Randet, CCIM, Broker CBS1•11-o8. Contract to Buy and Sall Reel Estale (All Types of Properties). Colorado Real Estate Commisclon ReaIFASTS Software. Q2OO9, Version 6.10. Software Registered 10: John D. Wheeler, Wheeler Atanoowment Group. Inc. Buyer(s) ( 08/11/09 062063 PaBiL1O� Seller(s)1/4. �V' 349 without limitation, boundary lines and encroachments, area, zoning, unrecorded easements and claims of easements, leases and 350 other unrecorded agreements, and various laws and governmental regulations concerning land use, development and 351 environmental matters. The surface estate may be owned separately from the underlying mineral estate, and transfer of 352 the surface estate does not necessarily include transfer of the mineral rights or water rights. Third panics may hold 353 interests in oil, gas, other minerals, geothermal energy or water on or under the Property, which interests may give them 354 rights to enter and use the Property. Such matters may be excluded from or not covered by the title insurance policy. Buyer 355 is advised to timely consult legal counsel with respect to all such matters as there are strict time limits provided in this Contract 356 [e.g., Title Objection Deadline (§ 2.3) and Off -Record Matters Objection Deadline (§ 2.3)]. 357 9\\L'DAbl MVISIAtM[1\tkal 'skkkitipF,\it\dth'Wok tidal hh th6t ct9)nblddm\ dMtSt.WOre b lMaelli:Vat 358 359 Whi?islt)d ) tlieb3�talta)oloNld4'addt\\1)\9X$,\dale\Khhdtlett11%\JdilaVh)dc4t(1].htclildpluithatklii!ika %kit 360 lh)i ibkk8l flakat\ikAttbaW\SdI)elr tbl kalkitke\fl Sbad\dial\9h&2rNl�dtamene bdd3Ze\ebh�Cb)dplr!thdllha 361 I,bBdBk3\11ifihhl9)e lo`abe\(SIde icl)uh+a4' Mak a)).Selk``rhln i'tAdiekl � .\ \\\\\\\\\1\ iiht\ly>,te\�r\\blk\ la\\ 362 10. PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY, BUYER DISCLOSURE AND SOURCE 363 OF WATER. 364 10.1. Seller's Property Disclosure Deadline. On or before Seller's Property Disclosure Deadline (§ 2,3), Seller agrees to 365 deliver to Buyer the most current version of the applicable Colorado Real Estate Commission's Seller's Property Disclosure form 366 completed by Seller to the best of Seller's actual knowledge, current as of the date of this Contract 367 10.2. Inspection Objection Deadline. Buyer shall have the right to have inspections of the physical condition of the Property 368 and inclusions, at Buyer's expense. If (I) the physical condition of the Property, (2) Inclusions, (3) any proposed or existing 369 transportation project, road, street or highway, or (4) any other activity, odor or noise (whether on or off the Property) and its 370 effect or expected effect on the Property or its occupants is unsatisfactory in Buyer's subjective discretion, Buyer shall, on or 371 before Inspection Objection Deadline (§ 2.3): 372 10.2.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated; or 373 10.2.2. Notice to Correct Deliver to Seller with a written description of any unsatisfactory physical condition which 374 Buyer requires Seller to correct 375 If written notice is not received by Seller on or before Inspection Objection Deadline (§ 2.3), the physical condition of the 376 Property and Inclusions shall be deemed to be satisfactory to Buyer. 377 10.3. Inspection Resolution Deadline. If a Notice to Correct is received by Seller and if Buyer and Seller have not agreed in 378 writing to a settlement thereof on or before Inspection Resolution Deadline (§ 2.3), this Contract shall terminate one day 379 following Inspection Resolution Deadline (§ 2.3), unless before such termination Seller receives Buyer's written withdrawal 380 of the Notice to Correct. 381 10.4. Damage, Liens and Indemnity. Buyer, except as otherwise provided in this Contract, is responsible for payment for all 382 inspections, tests, surveys, engineering reports, or any other work performed at Buyer's request (Work) and shall pay for any 383 damage that occurs to the Property and Inclusions as a result of such Work. Buyer shall not permit claims or liens of any kind 384 against the Property for Work performed on the Property at Buyer's request. Buyer agrees to indemnify, protect and hold Seller 385 harmless from and against any liability, damage, cost or expense incurred by Seller and caused by any such Work, claim, or lien. 386 This indemnity includes Seller's tight to recover all costs and expenses incurred by Seller to defend against any such liability, 387 damage, cost or expense, or to enforce this section, including Seller's reasonable attorney and legal fees. The provisions of this 388 section shall survive the termination of this Contract. 389 10.5. Insurability. This Contract is conditioned upon Buyer's satisfaction, in Buyer's subjective discretion, with the availability. 390 terms and conditions of and premium for property insurance. This Contract shall terminate upon Seller's receipt, on or before 391 Property Insurance Objection Deadline (§ 2.3), of Buyer's written notice that such insurance was not satisfactory to Buyer. 392 if said notice is not timely received, Buyer shall have waived any right to terminate under this provision. 393 10.6. Buyer Disclosure. Buyer represents that Buyer O Does ® Does Not need to sell and close a property to complete 394 this transaction. Note Any property sole contingency should appear in Additional Provisions (§ 25). 395 10.7. Source of Potable Water (Residential Land and Residential Improvements Only). Buyer ❑ Does ® Dues Not 396 acknowledge receipt of a copy of Seller's Property Disclosure or Source of Water Addendum disclosing the source of 397 potable water for the Property. Buyer O Does IL4 Does Not acknowledge receipt of a copy of the current well permit O There 398 is No Well. 399 Note to Buyer, SOME WATER PROVIDERS RELY, TO VARYING DECREES, ON NONRENEWABLE GROUND 400 WATER. YOU MAY WISH TO CONTACT YOUR PROVIDER (OR INVESTIGATE THE DESCR BED SOURCE) 401 TO DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER'S WATER SUPPLIES. 402 11. METHAMPRETAMINE LABORATORY DISCLOSURE (Residential Property Only). The parties acknowledge that 403 Seller is required to disclose whether Seller knows that the Property, if residential, was previously used as a methamphetamine 404 laboratory. No disclosure is required if the Property was remediated in accordance with state standards and other requirements are 405 fulfilled pursuant to § 25-18.5-102, C.R.S. Buyer further acknowledges that Buyer has the right to engage a certified hygienist or 406 industrial hygienist to teat whether the Property has ever been used as a methamphetamine laboratory. If Buyer's test results indicate 407 that the Property has been used as a methamphetamine laboratory, but has not been retnediated to meet the standards established by 408 rules of the State Board of Health promulgated pursuant to § 25-18.5-102, C.R.S., Buyer shall promptly give written notice to Seller 409 of the results of the teat, and Buyer may terminate this Contract. 410 12. CLOSING. Delivery of deed from Seller to Buyer shall he at closing (Closing). Closing shall be on the date specified as the 411 Closing Date (§ 2.3) or by mutual agreement at an earlier date. The hour and place of Closing shall be as designated by PREPARED BY: Ron Riedel, CCIM, Breker CSSI.11.08, Contract to Buy and Sell Real Fatale (All Types et Pwpetllea). Colorado Real Estate Commission RealFASTo So a, O2009, Ve orlon 6.18. Software Registered to: John D. Wheeler. WheMer Management Group, Inc. Buyer(a) 08(11109 08:20:43 Peg Sellers) 412 Title company 413 13. TRANSFER OF TITLE. Subject to tender or payment at Closing as required herein and compliance by Buyer with the other 414 terms and provisions hereof, Seller shall execute and deliver a good and sufficient General Warranty 415 deed to Buyer, at Closing, conveying the Property free and clear of all taxes except the general taxes for the year of Closing. Except 416 as provided herein, title shall be conveyed free and clear of all liens, including any governmental liens for special improvements 417 installed as of the date of Buyer's signature baton, whether assessed or not. Title shall be conveyed subject to: 418 I3.1. those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by 419 Buyer in accordance with (Tide Review (§ 8,1), 420 13.2. distribution utility easements (including cable TV), 421 .13.3. those specifically described rights of third parties not shown by the public records of which Buyer has actual lmowledge 422 and which were accepted by Buyer in accordance with Mitten Not Shown by the Public Records (§ 8.2) and Survey Review 423 (§ 8.3), 424 13.4. inclusion of the Ptup.. ty within any special taxing district, and 425 13.5. other snares. Richts. if any. transferred to Buyer at closino 426 14. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before Closing from the 427 proceeds of this transaction or from any other source. 428 15. CLOSING COSTS, DOCUMENTS AND SERVICES. 429 15.1. Good Funds. Buyer and Seiler shall pay, in Good Funds, their respective Closing costs and all other items required to be 430 paid at Closing, except as otherwise provided herein. 431 15.2. Closing Information and Documents. Buyer and Seller will furnish any additional information and documents required by 432 Closing Company that will be necessary to complete this transaction. Buyer and Seller shall sign and complete all customary or 433 reasonably required documents at or before Closing. 434 15.3. Closing Services Fee. The fee for real estate Closing services shall be paid at dosing by 0 Buyer 0 Seller ® One -Hat 435 by Buyer and One -Half by Seller ❑ Other n/a 436 15.4. Closing Instructions. Buyer and Seller agree to execute the Colorado Real Estate Commission's Closing instructions. 437 Such Closing Instructions IS Are ❑ Are Not executed with this Contract Upon execution, ® Seller O Buyer shall deliver 438 such Closing Instructions to the Closing Company. 439 \►S.5NS11t13IkttekSMA'fiUnWASM \\y.\fe'sweMitttb4habkkirlck\nedokkhlltlkldt►ulthdAdAithlakbkAb\(blatiti• 440 \bbittr 111abd tlibSdalla$ Gwsb\0ClOallaW'%'Wt1idltalaq alAbl\51kM\AOMAIMTbt\shbssbedWee. 441 \At;sdeliticill(okbadikeiditblT►evlfEkFbbi%tiVeVaw.bit \UMW. agekht\ thbAlliftaefliejakeddthMfnk+U>wsenarl 442 15.6. Local Transfer Tax. O The Local Transfer Tax of any 3'. of the Purchase Price shall be paid at Closing by 443 ❑ Buyer ® Seller ❑ One -Half by Buyer and One -Half by Seller. 444 15.7. Sales sad Use Tax. Any sales and use tax that may accrue because of this transaction shall be paid when due by 445 O Buyer 0 Seller O One -Half by Bayer and One -Half by Seller. 446 16. PROBATIONS. The following shall be prorated to Casing Date (§ 2.3), except as otherwise provided 447 16.1. Taxes. Personal property taxes, if any, and &metal real estate taxes for the year of posing, based on O Taxes for the 448 Calendar Year Immediately Preceding Closing Most Recgpt Mill Levy and Most Recent Assessed Valuation, adjusted 449 by any applicable qualifying seniors property tax exemption, or U Other n/a 450 16.2. Rents. Rents based on O Rents Actually Received 0 Accrued. At Closing, Seller shall transfer or credit to Buyer the 451 security deposits for all leases assigned, or any remainder after lawful deductions, and notify all tenants in writing of such 452 transfer and of the transferee's name and address. Seller shall assign all leases in effect at Closing to Buyer and Buyer shall 453 assume such leases. 454 \I@,IAMiedllatid‘MtleahlMelth%C des lr1A.AAMIAM1/2844RWoh$ 1/4WAiRbtaliihr111daa(v19sb17abbhtb3alaelale p kf. 455 \t1\Ildyldrhe ila'4hbakkwittkkSUM lkWvhi,witimtnait kk\rkkdbdtl4ekbdilfldd mesk>bkhk\fbr\MTAak2dt 456\Ohltfoldnlikeetywkk\MaLkielibbkhdll eb6fiddrkllr'tad(oV4ilktk)tadpt\9hleyWadtbdrMtt.dest b ida'byWeUobk Lbktuldel1t1\ 457\AI44acTial'aslthahMywWe\AM*lahbk\MI$iobldtklifWtat\HMV chap lithnecNis\SAmkldnlabfkBk}drk ataaE ieledh 458 hbribablIVA9dikk\Arlyw6tibf13*k1b8stittiadtWil leaFtMdr "Ohalsiebefe‘ (OM Wiha1Akldei8thin aatZlic\ 459 \t1hlbliftidn\ofvuI lrybirOl alhA\5lekir\,1.j.klahatbtbdetheabideldethtWaskl3uldnld,►,k\lamitt))4M46hatwe \\\\\\\ 460 Wr ehA4\\\\,\\\\\\\tdai thht\thkie\kit\aaL119bell\tekbta►btkbkMgkiskb32>lantewlkailt≥tl\ihk\pry}bttltkkkarkkhbbMiakhh 461\rkalfkkishasLtiot*\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 462 h1kYVtl\\\\\\\\Nuagllh\\\\\\U\\\t\\\\k\11\1h\\ATAh1\\lij\Nahq\\t\hw\kk\\\\'AH\Wt\\\YNd\\tA'its\\DWANUATh'ONtl,W`kN1All\\Nh\\\\\\\l\\\w\\ 463 \sita&'th esshildlel 1kb\ithtactky\ea b\des\J1'CMeb\idtMTh% ltilk\1Dbadthedel.\sarieAW as\la`¢rbatkkjr4kitaastwb 464\Xiklddiaddtt\tkidelbht\tb\nagekbk&hat(VaiilkYla`ter(jta.Y)kbihllei\%tieV)ankh\t\\\\\w\t\\\\\\\\\\\\t\\\\\\\\\ 46.5 \IbblOtkFrbiukidasa\ab►ark111khJa Nees Bret'letaiaswaddiNadg\Ibkrt,\.1t11\\\\\\\w\\\\\\\\\\\\\\\\w\\\\ 466 Any other normal proration for sale of like property. 467 16.5. Final Settlement. Unless otherwise agreed in writing, these proration shall be final. 468 17. POSSESSION. Possession of the Property shall be delivered to Buyer on Possession Date at Possession Time (4 2.3), subject 469 to the following leases or tenancies: 470 PREPARED rio: Ron Reedit, CCIN, Broker CBS1-11.09. Contract to Buy and Bell Real Eatele (All Typeset Propenles). Colorado Reel Estate Commission ReelFASTS Software, /h' 92009. Version 6.16. Software Registered to: John O. Wheeler. Wheeler monogamic Croup. Inc. Buyers) IA/ oellima 08:20:43 Page lit cloning. 471 If Seller, after Closing, fails to deliver possession as specified, Seller shall be subject to eviction and shall be additionally liable 472 to Buyer for payment of S 25.00 per day (or any part of a day notwithstanding § 2.5.1) from the Possessioe Date and 473 Possession Time (§ 2.3) until possession is delivered 474 Buyer 0 Does el Does Not represent that Buyer will occupy the Property as Buyer's principal residence. 475 18, ASSIGNABILITY AND INUREMENT, This Contract ® Shall 0 Shall Not be assignable by Buyer without Seller's prior 476 written consent. Except as so restricted, this Contract shall inure to the benefit of and be binding upon the heirs, personal 477 representatives, successors and assigns of the parties. 478 19. INSURANCE; CONDITION OF, DAMAGE TO PROPERTY AND INCLUSIONS AND WALK-THROUGH. Except as 479 otherwise provided in this Contract, the Property, Inclusions or both shall be delivered in the condition existing as of the date of this 480 Contract, ordinary wear and tear excepted. 481. 19.1. Casualty Insurance. In the event the Property or Inclusions ere damaged by fire or other casualty prior to Closing in an 482 amount of not more than ten percent of the total Purchase Price, Seller shall be obligated to repair the same before Closing Date 483 (§ 2.3). In the event such damage is not repaired within said time or if the damages exceed such sum, this Contract may be 484 terminated at the option of Buyer by delivering to Seller written notice of termination on or before Closing. Should Buyer elect to 485 carry out this Contract despite such damage, Buyer shall be entitled to a credit at Closing for all insurance proceeds that were 486 received by Seller (but not the Association, if any) resulting from sac damage to the Property and Inclusions, plus the amount of 487 any deductible provided for in such insurance policy. Such credit a to exceed the Purchase Price. In the event Seller has not 488 received such insurance proceeds prior to Closing, then Seller shall a ign such proceeds at Closing, plus credit Buyer the amount 489 of any deductible provided for in such insurance policy, but not to ex ed the total Purchase Price. 490 19.2. Damage, Inclusions and Services. Should any Inclusion or s 'c c (including systems and components of the Property, 491 e.g. heating, plumbing) fail or be damaged between the date of thi Contract and Closing or possession, whichever shall be 492 earlier, then Seller shall be liable for the repair or replacement of su h Inclusion or service with a unit of similar size, age and 493 quality, or an equivalent credit, but only to the extent that the main nee or replacement of such Inclusion, service or fixture is 494 not the responsibility of the Association, if any, less any insur a proceeds received by Buyer covering such r 495 replacement. Seller and Buyer arc aware of the existence of pre -own home warranty repair y 496 cover the repair or replacement of some Inclusions. The risk of loss damage to growingga� s that may be purchased other and may 497 be borne by the party entitled to thegrowing crops such partycrops by i nt of o such n u shall ance 498 proceeds or benefit; for the growing as provided in 3.1.7 and shall be entitled to insurance crops. 499 19.3. Walk -Through and Verification of Condition. Buyer, upon r sonable notice, shall have the right to walk through the 500 Property prior to Closing to verify that the physical condition of the P and Inclusions complies with this Contract. 501 20. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By s g this document, Buyer and Seller acknowledge that 502 the respective broker has advised that this document has important legal c sequences and has recommended the examination of title 503 and consultation with legal and tax or other counsel before signing this C t. 504 21. TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of essence hereof. if any note or check received as Earnest 505 Money hereunder or any other payment due hereunder is not paid, honored r tendered when due, or if any obligation hereunder is not 506 performed or waived as herein provided, there shall be the following tamed s: 507 21.1. If Buyer L In Default: 508 0 2I.1.1. Specific Performance. Seller may elect to treat this ontroct as canceled, in which case all Earnest Money 509 510 (whether or not paid by Buyer) shall be forfeited by Buyer, paid t Seller and retained by Seller, and Seller may recover such damages as may be proper, or Seller may elect to treat this Contra t as being in full force and effect and Seller shall have the 511 right to specific performance or damages, or both. 512 ® 21.1.2. Liquidated Damages. All Earnest Money (whether of not paid by Buyer) shall be forfeited by Buyer, paid to 513 Seller, and retained by Seller. Both parties shall thereafter be re ed from all obligations hereunder. It is agreed that the 514 Earnest Money specified in § 4.1 is LIQUIDATED DAMAGES and not a penalty, which amount the parties agree is fair S 15 and reasonable and (except as provided in §§ 10.4, 19, 21.3, 22, ), said forfeiture shall be SELLER'S SOLE AND ONLY 516 REMEDY for Buyer's failure to perform the obligations of this onnact. Seller expressly waives the remedies of specific 517 performance and additional damages. 518 21.2. If Seller is In Default: Buyer may elect to treat this Contract canceled, in which case all Earnest Money received 519 hereunder shall be returned and Buyer may recover such damages as y be proper, or Buyer may elect to treat this Contract as 520 being in full force and effect and Buyer shall have the right to specific rformance or damages, or both. 521 21.3. Costs and Expenses. In the event of any arbitration or litigation lating to this Contract, the arbitrator or court shall award 522 to the prevailing party all reasonable costs and expenses, including au ey and legal fees. .523 22. MEDIATION. If a dispute arises relating to this Contract, prior to after Closing, and is not resolved, the parties shall rust 524 proceed in good faith to submit the matter to mediation. Mediation i9 a proc in which the parties men with an impartial person who 525 helps to resolve the dispute informally and confidentially. Mediators cannot mpose binding decisions. The parties to the dispute must 526 agree before any settlement is binding. The parties will jointly appoint an ac table mediator and will share equally in the cost of such 527 mediation, The mediation, unless otherwise agreed, shall terminate in the a ent the entire dispute is not resolved within thirty days 528 of the date written notice requesting mediation is delivered by one party to the other at the party's last known address. This section 529 shall not alter any date in this Contract, unless otherwise agreed. 530 23. EARNEST MONEY DISPUTE. Except as otherwise provided herein Earnest Money Holder shall release the Earnest Money 'REPARED my: Ron Ronde, CCIM, Stoker ;851.11-08. Contract to Buy and Sall Reel Estate (All Types of Pmpontea). Cobrado Real Estate Comm) ton ieaIFASTe, Software, Creed, Version 6.10. Software Reoffered lo: Jaen D. Navaho, whoSar 1 Group. Inc. luyer(s) /Net 0en1(a905:7D:4r Pep Sarer(s) 531 as directed by written mutual instructions, signed by both Buyer and Seller. in the event of any controversy regarding the Earnest 532 Money (notwithstanding any termination of this Contract), Earnest Money Holder shall not be required to take any action. Earnest 533 Money Holder, at its option and sole discretion, may (1) await any proceeding, (2) interplead all parties and deposit Earnest Money into 534 a court of competent jurisdiction and shall recover court costs and reasonable attorney and legal fees, or (3) provide notice to Buyer 535 and Seller that unless Earnest Money Holder receives a copy of the Summons and Complaint or Claim (between Buyer and Seller), 536 containing the ease number of the lawsuit (Lawsuit) within one hundred twenty days of Earnest Money Holder's notice to the 537 parties, Earnest Money Holder shall be authorized to return the Earnest Money to Buyer. In the event Earnest Money Holder does 538 receive a copy of the Lawsuit, and has not interpled the monies at the time of any Order, Earnest Money Holder shall disburse the 539 Earnest Money pursuant to the Order of the Court. The parties reaffirm the obligation of Mediation (§ 22). The provisions of this 540 § Z3 apply only if the Eemest Money Holder is one of the Brokerage Firms named in § 33 or § 34. 541. 24. TERMINATION, In the event this Contract is terminated, all Earnest Money received hereunder shall be returned and the 542 parties shall be relieved of all obligations hereunder, subject to §§ 10.4, 22 and 23. 543 25. ADDITIONAL PROVISIONS. (The following additional provisions hove not been approved by the Colorado Real Estate 544 Commission.) 545 1 .DISCLOflUE OF BUYS: wheeler Management Group, Inc. acting as Buyer Broker will disclose Buyer within 24 hours of MUTUAL EXECUTION OP CORTRACT (r4BC1 2) 610.2 INSPECTION OBJECTION DEADLINE: Buyer has 15 days from NEC to make all inspections the Buyer deems necessary including, but not limited to, zoning for intended use, drainage, ingress/egreea, size of lot. environmental, hazardous waste, economics of intended use, acceptable financing, soil engineering studies or any other item Buyer deems necessary to inspect. 546 26. ATTACHMENTS. The following are a. part of this Contract 547 County Ownership Records 548 Note: The following disclosure forms are attached but are not a part of this Contract 549 ALA 550 27. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith, including but not limited to 551 exercising the rights and obligations set forth in the provisions of Financing Conditions and Obligations (§ 5) and Property 552 Disclosure, Inspection, Indemnity, Insurability, Buyer Disclosure and Source of Water (§ 10). 553 28. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL. This Contract, its exhibits and specified addenda, constitute the 554 entire agreement between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or 555 written, have been merged and integrated into this Contract. No subsequent modification of any of the terms of this Contract shall be 556 valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. Any obligation in this Contract that. 557 by its terms, is intended to be performed after termination or Closing shall survive the same. 558 29. FORECLOSURE DISCLOSURE AND PROTECTION. Seller aclmowledges that, to Seller's current actual knowledge, the 559 Property O IS ® IS NOT in foreclosure. Buyer O Will ® Will Not occupy the Property as Buyer's personal residence for at 560 least one year. In the event this transaction is subject to the provisions of the Colorado Foreclosure Protection Act (the Act) 56! (i.e., generally the Act requires that the Property is residential, in foreclosure, and Buyer does not reside in it for at least one year), a 562 different contract that complies with the provisions of the Act is required, and this Contract shall be void and of no effect unless the 563 Foreclosure Property Addendum is executed by all parties concurrent with the signing of this Contract Each party is further advised 564 to consult with their own attorney. 565 30. NOTICE, DELIVERY AND CHOICE OF LAW. 566 30.1.. Physical Delivery. Except for the notice requesting mediation described in § 22, delivered after Closing, and except as 567 provided in § 30.2, all notices must be in writing. Any notice or document to Buyer shall be effective when physically received 56a by Buyer, any individual buyer, any representative of Buyer, or Brokerage Firm of Broker working with Buyer, My notice or 569 document to Seller shall be effective when physically received by Seller, any individual seller, any representative of Seller, or 570 Brokerage Firm of Broker working with Seller. 57 I 30.2, Electronic Delivery. As an alternative to physical delivery, any document, including any signed document and any written 572 notice may be delivered in electronic form by the following indicated methods only: IN Facsimile E-mail O Internet 573 O No Electronic Delivery. Documents with original signatures shall be provided upon request of any party. 574 30.3 Choice of Law. This Contract and all disputes arising hereunder shall be governed by and construed in accordance with 575 the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in this state for property 576 located in Colorado. 577 31. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal shall expire unless accepted in wilting, by Buyer and Seller, 578 as evidenced by their signatures below, and the offering party receives notice of such acceptance pursuant to § 30 on or before 579 Acceptance Deadline Date (§ 2.3) and Acceptance Deadline Time (§ 2.3). If accepted, this document shall become a contract 580 between Seller and Buyer. A copy of this document may be executed by each party, separately, and when each party has executed a 581 copy thereof, such copies taken togod,er shall be deemed to be a full and complete contract between the parties. 582 PREPARED BY: Ron Randal, CCIM, Broker CBS1-11-06. Contrast to Buy end Sell Real Estate (All Types of Propenbs). Colorado Real Estate Commiaslon Rea!FAS71a. Software, C20W. Version 6.15. Sullwire Registered to: John D. Wheeler, Wheeler Management Group. Inc. Buyer(s) Lam( t 06/11/DR OFJ:20:43 Pas Seller(e) Signature Ron Randal, CC= 588 589 32. COUNTER; REJECTION. This offer is 51 Countered ❑Rejected. �. 590 Initials only of party (Buyer or Seller) who countered or rejected offer �_ t 591 592 593 END OF CONTRACT TO BUY AND SELL REAL ESTATE 594 33. BROKER'$ ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. 595 (To be completed by Broker working with Buyer) 596 597 598 599 600 601 602 603 604 605 Brokerage Finn's compensation or commission is to be paid by 606 0 Other n/a BUYER To Be Disclosed at Pull Signature of this Contract 1130 eStp Arent, to B, Greeley, CO 80634 By: To Be Disclosed at Pull Signature of this Contract 583 Email Address: ronewheelermet. coin 584 585 (NOTE: It this offer is being countered ar rejected, do not sign this document Refer to § 321 586 SELLER Charles P. autsine 3725 W 12th Street, Greeley, CO 80634 587 Email Address: e.butsiaa-b6r49atatefarm. con 607 Brokerage Firm's Name: Wheeler Management Group, Inc. 1130 38th Ave., Suite B Greeley, CO 80634 Phone( 970-352-5860, Pau: 970-352-0117 DATE 8/ l9 /09 DATE Broker ❑ Does ® Dom Net acknowledge receipt of Earnest Money deposit specified in § 4 and, while not a party to the Contract, agrees to cooperate upon request with any mediation concluded under § 22. Broker agrees that if Earnest Money Holder is other than the Brokerage Firm identified in § 33 or § 34, Closing Instructions signed by Buyer, Seller, and Earnest Money Holder roust be obtained on or before delivery of Earnest Money to Earnest Money Holder. Broker is working with Buyer as a IN Buyer's Agent 0 Seller's Agent 0 Transaction•Broker in this transaction. ❑ This is a Change of Status. Listing Brokerage Firm 0 Buyer Date 608 Email Address: Fenlwheelermat. tom 609 610 34. BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE, 611 (To be completed by Broker working with Seller) 612 'REPARED BY: Ron Randal, CCIM, Broker :651.11.08, Contract to Buy and Sell Roal Estate (All Types of Properties). Colorado Real Estate Commission tee1FAara Software, 0200S, Marston 6.16, Sofnvae Regialered to: John O. Wheeler, Wheeler Management Group. Inc. (18/1118908:27:19 Page leaf 13 - 613 Broker O Does ® Does Not acknowledge receipt of Earnest Money deposit specified in § 4 and, while not a party to the Contract, 614 agrees to cooperate upon request with any mediation concluded under § 22. Broker agrees that if Earnest Money Holder is other 615 than the Brokerage Firm identified in § 33 or § 34, Closing instructions signed by Buyer, Seller, and Earnest Money Holder must be 616 obtained on or before delivery of Earnest Money to Earnest Money Holder. 617 6) 8 Broker is working with Seller as a ® Seller's Agent O Buyer's Agent O Transaction -Broker in this transaction. O This is a 619 Change of Status. 620 621 Brokerage Firm's compensation or commission is to be paid by ® Seller ❑ Buyer ❑ Other n/e 622 623 Date: /luauat 10, 2009 624 Brokerage Firm's Na>m: Metro Brokers Reel Estate 625 Broker's Name: nem -rare 626 627 628 Address: 393$ le loth Street 629 Greeley, CO 80636 630 Phone No.: 970-351-040S 631 Fax No.: cell: 970-381-0527 632 Email Address: n/a Broker's Signature 'REPARE0 BY: Ron Randal, CCIM, Broker :961.11.08, Contract to Bur and Sell Real Estate (All Types of Properties). Colorado Reel tete* Cowrnlssln :ealFASTRISoftware, 02000, Version 6.It Software Registered to: John 0, Wheeler, Wheeler Monoaemad Group, Inc, uyer(s) 08/1110908:27:19 Sellea(sk r;�/ • ?Prepared by Don Brazelton page 1 of 2 Brazelton Realty Inc. METRO BROKERS. Real Estate Independent Companies 3835 W. 10th Street, Suite 200 E Greeley, Colorado 80634 (970) 381-0827 (970) 352-3006 Fax THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. COUNTERPROPOSAL Date: Wednesday, August 12, 2009 1. This Counterproposal shall supersede and replace any previous counterproposal. This Counterproposal amends the proposed contract dated (Contract), between Charles P. Butzine Corporation (to be identified 24 hrs.. MEC) relating to the sale and purchase of the following legally described real estate in the County of Lots B RE -4519 Weld (Seller), and (Buyer), , Colorado: known as Na 23614 WCR 54 Greeley COLORADO 80631 (Property). Street Address City State Zip [NOTE: If any item is left blank or the term "No Change" is inserted, it means no charge. The abbreviation "NIA" or the word "Deleted" means not applicable and when inserted on any line in Dates and Deadlines (§2.3) means that the corresponding provision of the Contract to which n - .. is made is deleted.) 2. §2.3. DATES AND DEADLINES. DATES AND DEADLINES TABLE OMITTED 3. § 4 PURCHASE PRICE AND TERMS. FINANCING TABLE OMITTED 4. ATTACHMENTS. The following are a part of this Counterproposal: **NOCHANGE ** Note: The following disclosure forms are attached but are not a part of this Counterproposal: **NOCHANGE ** The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission- (CP40-5-09) (Mandatory 7-09) Brazelton Realty Inc. Buyer's Initials:Ltf (, Seller's Initials: nV 0748 0922407060068 Qes Contracts 43 1931-2019 ees,kn 1-800.795-059 /Prepared by Don Brazelton page 2 of 2 5. OTHER CHANGES. 1.) Earnest Money check to be made out to BRAZELTON REALTY, INC. 2.) Closing Instructions have been prepared by Listing Broker and are attached. 3.) A copy of the Recorded Exemption Survey as recorded in Weld County is attached. 6. ACCEPTANCE DEADLINE. This Counterproposal shall expire unless accepted in writing by Seller and Buyer as evidenced by their signatures below and the offering party to this document receives notice of such acceptance on or before Date Tune If accepted, the Contract, as amended by this Counterproposal, than become a contract between Seller and Buyer. All other terms and conditions of the Contract shall remain the same. Buyer. (4/02. Buyer: Date: $/ Weal Date: Address: Phone No: email: Seller. Charles P. Butzine Date: 7 -(7 Seller Date: Address: 3527 West 12th Street Fax No: Greeley CO 80634 Phone No: 970-356-8502 Fax No: email: Note: When this Counterproposal form is used the Contract is not to be signed by the party initiating this Counterproposal. Brokers must complete and sign the Brokers Acknowledgments and Compensation Disclosure portion of the Contract The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (CP40-5-09) (Mandatory 7-09) Brazelton Realty Inc. 0748 0922407060068 Gas Contracts O 1993 - 2009 nes.lna 1-800-795-1759 C, 1 N, N to 0) O i of tu W W a cc 0 W W z 0 U C,I) 6 Q z W r IV! z Ig wz 7 u! L L I4.1 7 - CV tt 17 G_t Z — I= Lh - Q 8 U w_ LI .f z CC 00 o k; C7 z -J • .I .-I l.{i • II ••,, r - t; :.f } )0 .i , s ! .t . .�c, i.. s. :It ; is : t!1; '• i' it !.tit' ;{;1.;!I,f tji :t 1'4f tJ•!t Ili! ,• •.:: �s ' t; t1 i: tiitif .II) g;'.1, 1r� it !#iitl. ,F :.{ , ,1 : i;'t .., p itlil` !'Eii.ii ti` !t•11141 :1': • .+ q. +� i ; t 1 �, '= {. Pt i -..11 i 1..1 i' iii �Sl{...lip 'I Prvi r,jr J tip` } i , �i !Alj)!' s i! ill {;1'sl; liiiisT1= 7t i 1ti11,4tt !It'll 11 II ilk; ' { -' ti i t `,- _1 ill milt) it�if;illii'1 .•iil,itzsi ►:ttl • } i 1 YI !ill t ilkii t. , jji it,1(i ;,}f s iii' 1 l t E ;i € i J:,i 1= r i•: ii!; ;i tJ[1{:i',;: }lif !•if!t1'i 1',JJ • t ( ; i 7 ! ; re i ! i' ti 1111 •; r{ 1- -V: f1 i 1' • {•. id 1 !; .J tt i �i�Et..{,•r3 Jt' Sty{ t FP I' �! •t�: 1 i�t i;� !i S�1' {. i ��!' Ji ! ':r3'� + t!i 1 ti f 1{ ► i ` I t ! (••,• fit ji•:i.• if Ii ,'1•!! if1". .ti •t i t 4•' i = t i !. .fti t- 7 ! !j J �: t : J tii !f 13 i; 4m ;t F1 !.i 1li;fl! r!i 1=!ii �ti;,`t tl iL ;.} 4 i=} { giElls �ii{t{ EtPiIl!8',I .i't l! `il'INI4,#z#•(lii tt3ii11ti:? 1I'!, 4 tt i ; i{ !J Ij {{ }; (f t iii; lt +`�iitl !i`11 ! E Willi, I� It A `la li : it i' :i ,i il• IT i i 1! -, S;il , ), iJ ,t jl , I L� 7t F ;!• . .{ 1 i I ,1 i! ill ii t i Ii 1•ii .t t•tIi Ji {! iJ it7 • f� I •fl .c ! it 1tI IJ :� {t••7 :i !i 1: litii,L } tt�tf�llii:!i J! 1: i! 1f :idt • • 1 15 WCf{ 47 r: i -. f • • :r !i ?i. a; i{, • ii li, .If iI: el.' ; Ii . w 2: 4 • Prepared by Don Brazelton jurisdiction Brazelton BROKERS 1. Charles rays I a, ., THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. Realty Inc. CLOSING INSTRUCTIONS 3835 W. 10th Street, Suite 200 E METRO Greeley, Colorado 80634 Real Estate (970) 381-0827 Independent Companies . , .. (970) 352-3006 Fax Date: Wednesday, August 12, 2009 PARTIES, PROPERTY. P. Butzine , Seller, and Corporation (to be identified 24 hrs.. MEC) , Buyer, who known and any 2. Closing the 3. and 4. receipt 5. separately one 6. engage North American Title Company , Closing Company, agrees to provide closing and settlement services in connection with the Closing of the transaction for the sale and purchase of the Property as No. 23614 WCR 54 Greeley COLORADO 80631 Street Address City State Zip more fully described in the Contract to Buy and Sell Real Estate, dated Monday, August 10, 2009 , including counterproposals and amendments (Contract). INFORMATION, PREPARATION. Closing Company is authorized to obtain any information necessary for the Closing. Company agrees to prepare, deliver, and record those documents (excluding legal documents) that are necessary to carry out terms and conditions of the Contract CLOSING FEE. Closing Company will receive a fee not to exceed $ $200.00 for providing these closing settlement services. RELEASE, DISBURSEMENT. Closing Company is not authorized to release any signed documents or things of value prior to and disbursement of Good Funds, except as provided in §§ 8 and 9. DISBURSER. Closing Company shall disburse all funds, including real estate commissions, except those funds as may be disclosed in writing to Buyer and Seller by Closing Company or Buyer's lender on or before Closing. All parties agree that no other than the disburser can assure that payoff of loans and other disbursements will actually be made. SELLER'S NET PROCEEDS. Seller will receive the net proceeds of Closing as indicated: Cashiers Check, at Sellers expense Funds Electronically Transferred [wire transfer] to an account specified by Seller, at Seller's expense Closing Company's trust account check. CLOSING STATEMENT. Closing Company will prepare and deliver an accurate, complete and detailed closing statement to and Seller at time of dosing. OF CLOSING. If Closing or disbursement does not occur on or before Closing Date set forth in the Contract, Company, except as provided herein, is authorized and agrees to return all documents, monies, and things of value to the party, upon which Closing Company will be relieved from any further duty, responsthilgy or liability in connection with these Instructions. In addition, any promissory note, deed of trust or other evidence of indebtedness signed by Buyer shall be voided Company, with the originals returned to Buyer and a copy to Buyer's lender. MONEY DISPUTE. Except as otherwise provided herein, Eamest Money Holder shall release the Eamest Money as by written mutual instructions, signed by both Buyer and Seger. In the event of any controversy regarding the Earnest Money any termination of the Contract), Earnest Money Holder shag not be required to take any action. Earnest Money Holder, option and sole discretion, may (1) await any proceeding, (2) interplead all parties and deposit Earnest Money into a court of competent and shall recover court costs and reasonable attorney and legal fees, or (3) provide notice to Buyer and Seller that unless Earnest Holder receives a copy of the Summons and Complaint or Claim (between Buyer and Seller) containing the case number of the lawsuit X 7. Buyer 8. FAILURE Closing depositing Closing by Closing 9. EARNEST directed (notwithstanding at its Money The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (CL8-9-08) (Mandatory 1-09) Al Brazelton Realty Inc. uyers Initials: Sellers Initials: S h J 0748 0922407060068 Oes Contracts 01993 -2007 oes.lnc 1-800-795-T759 0 Prepared by Don Brazelton page 2 of 3 (Lawsuit) within one hundred twenty days of Earnest Money Holder's notice to the parties, Earnest Money Holder shall be authorized to return the Earnest Money to Buyer. In the event Earnest Money Holder does receive a copy of the lawsuit, and has not interned the monies at the time of any Order, Earnest Money Holder shall disburse the Earnest Money pursuant to the Order of the Court. 10. SUBSEQUENT AMENDMENTS. Any amendments to, or termination of, these Closing Instructions must be in writing and signed by Buyer, Seller and Closing Company. 11. CHANGE IN OWNERSHIP OF WATER WELL Within sixty days after Closing, Closing Company shall submit any required Change in Ownership form or registration of existing well fain to the Division of Water Resources in the Department of Natural Resources (Division), with as much information as is available, and the Division shall be responsible for obtaining the necessary well registration information directly from Buyer. Closing Company shall not be liable for delaying Closing to ensure Buyer completes any required form. 12. WITHHOLDING. The Internal Revenue Service and the Colorado Department of Revenue may require Closing Company to withhold a substantial portion of the proceeds of this sale when Seller either (a) is a foreign person or (b) will not be a Colorado resident after Closing. Seller should inquire of Seller's tax advisor to determine if withholding hholiing applies or if an exemption exists. 13. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate Commission.) 14. COUNTERPARTS. This document may be executed by each party, separately, and when each party has executed a copy, such copies taken together shall be deemed to be a full and complete contract between the parties. 15. BROKER'S COPIES. Closing Company shall provide, to each broker in this transaction, copies of a/ signed documents that such brokers are required to maintain pursuant to the rules of the Colorado Real Estate Commission. 16. NOTICE, DELIVERY AND CHOICE OF LAW. 16.1. Physical Delivery. Except as provided in § 16.2, all notices must be in writing. Any notice or document to Buyer shall be effective when physically received by Buyer, any individual buyer, any representative of Buyer, or Brokerage Firm of Broker working with Buyer. Any notice or document to Seller shall be effective when physically received by Seller, any individual seller, any representative of Seller, or Brokerage Firm of Broker working with Seller. Any notice or document to Closing Company shall be effective when physically received by Closing Company, any individual of Closing Company, or any representative of Closing Company. 16.2. Electronic Delivery. As an alternative to physical delivery, any signed documents and written notice may be delivered in electronic form by the following indicated methods only: NI NI Facsimile E-mail Internet No Electronic Delivery. Documents with original signatures shall be provided upon request of any party. 16.3. Choice of Law. This contract and all disputes arising hereunder shall be governed by and construed in accordance with the laws of the State foredo that would be applicable to Colorado residents who sign a contract in this state for property located in Colorado. Buyer: Buyer: Date of signature $/ / 9 PO et Date of signature The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (CLB-9-08) (Mandatory 1-09) Brazelton Realty Inc. 0748 0922407060068 Qm Contracts 61983-20r70m,irc. 1-800-795-7759 Prepared by Don Brazelton page 3 of 3 Seller: Charles P. Butzine 7 Seller: Date: Si W i �I Closing Company's Name: North American Title Company Address: Phone No.: C� L S re Tiffa Brazelton Date of signature 571.-7 —0� Date of signature Email Address: Fax No.: ( TO BE COMPLETED ONLY BY BROKER AND CLOSING COMPANY ) X (Broker) Working with Seller [1 Working with Buyer engages Closing Company as Brokers scrivener to complete, for a fee not to exceed S $5.00 at the sole expense of Broker, the following legal documents: Deed Bill of Sale nColorado Real Estate Commission approved Promissory Note X Colorado Real Estate Commission approved Deed of Trust. Closing Company agrees to prepare, on behalf of Broker, the indicated legal documents pursuant to the terms and conditions of the Contract. The documents stated above shall be subject to Broker's review and approval and Broker acknowledges that Broker is responsible for the accuracy of the above documents. Brokerage Finn's Name: Brazelton Realty Inc. Date C-" 2. ct 9 Broker's Name: Brokers Signature: Date: I C. c� Closing Company's Name: North American Title Company L a ILA 1?-Dkt , T Authorized Sjignature /1 (�(;� l_�a_tri�L\ !(.4.1‘kl (a� ) J rile The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (C18-9-08) (Mandatory 1-09) Brazelton Realty Inc. 0748 0922407060068 Qes Cc*acts O1993 - 20O7 Qesinc, 14300-795-7759 NORTH AMERICAN TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. EFFECTIVE DATE: August 3, 2009 at 7:30 A.M. FILE NO.: 33700-08-02058 GRS REVISION NO.: 2. POLICY (OR POLICIES) TO BE ISSUED: (A) ALTA Owner's Policy (06/17/06) Proposed Insured: To Be Determined AMOUNT: 3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS COMMITMENT AND COVERED HEREIN IS FEE SIMPLE AND TITLE THERETO IS AT THE EFFECTIVE DATE HEREOF VESTED IN: Charles P. Butzine 4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS: Lot B of Recorded Exemption No. 0961 -25 -2 -RE -4519, recorded March 15, 2007 at Reception No. 3462193, being a part of the North 1/2 of Section 25; Township 5 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. FOR INFORMATIONAL PURPOSES: 23614 WCR 54 Greeley, CO 80631 ALTA Commitment Schedule A (6117/06) ISSUED BY: NORTH AMERICAN TITLE COMPANY OF COLORADO BY: JOAN SCHNEIDER, TITLE OFFICER/c)a ISSUE DATE: September 4, 2008 vitt ■NORTH AMERICAN 'TITLE Ell COMPANY Like Clockwork® File No.: 33700-08-02058 GRS Revision No.: Property Address: 23614 WCR 54, Greeley, CO, 80631 Owner: Charles P. Butzine Date: August 12, 2009 ESTIMATE OF TITLE FEES ALTA Owner's Policy (06/17/06) Tax Statement Fee OEC & Form 130.3M Short Term Rate $ 25.00 $ 50.00 TOTAL: $75.00 Please note that these estimated fees do not include any closing related fees. THANK YOU FOR THE OPPORTUNITY TO SERVE YOU S21COOn.2®21 Rev. 911!004 COMMITMENT FILE NO.: 33700-08-02058 GRS REVISION NO.: SCHEDULE B - SECTION 1 REQUIREMENTS The following are requirements to be complied with prior to the Issuance of said policy or policies: A. Payment to or for the account of the grantors or mortgagors of full consideration for the estate or interest to be insured. B. Proper instrument(s) creating the estate or interest to be insured must be executed and unless otherwise noted, all documents must be recorded in the office of the clerk and recorder of the county in which said property is located. C. Payment of all taxes and assessments now due and payable. D. (1) Warranty Deed sufficient to convey the fee simple estate or interest in the land described or referred to herein, to the proposed insured. (2) Deed of Trust sufficient to encumber the estate or interest in the land described or referred to herein for the benefit of the proposed insured lender. (3) Execution of the Company's Final Affidavit by the Purchaser(s) and Seller(s). In the event the Final Affidavit discloses the existence of new construction on the property within the past 6 months or plans for the commencement of new construction, additional requirements may be made or Standard Exception No. 4 will not be deleted from the ALTA Loan Policy or ALTA Owner's Policy. ALTA Commitment Schedule B - Section I (6/17/08) COMMITMENT FILE NO.: 33700-08-02058 GRS REVISION NO.: SCHEDULE B - SECTION 1 Notes NOTE: PURSUANT TO C.R.S. 30-10-406(3Xa) ALL DOCUMENTS RECEIVED FOR RECORDING OR FILING IN THE CLERK AND RECORDER'S OFFICE SHALL CONTAIN A TOP MARGIN OF AT LEAST ONE INCH AND A LEFT, RIGHT AND BOTTOM MARGIN OF AT LEAST ONE-HALF OF AN INCH. THE CLERK AND RECORDER WILL REFUSE TO RECORD OR FILE ANY DOCUMENT THAT DOES NOT CONFORM TO REQUIREMENTS OF THIS PARAGRAPH. NOTE: IF THIS TRANSACTION INCLUDES A SALE OF THE PROPERTY AND THE SALES PRICE EXCEEDS $100,000.00, THE SELLER MUST COMPLY WITH THE DISCLOSURE/WITHHOLDING PROVISIONS OF C.R.S. 39-22-604.5 (NONRESIDENT WITHHOLDING). NOTE: PURSUANT TO SENATE BILL 91-14 (C.R.S. 10-11-122), THE COMPANY WILL NOT ISSUE ITS POLICY OR POLICIES OF TITLE INSURANCE CONTEMPLATED BY THIS COMMITMENT UNTIL IT HAS BEEN PROVIDED A CERTIFICATE OF TAXES DUE OR OTHER EQUIVALENT DOCUMENTATION FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; OR UNTIL THE PROPOSED INSURED HAS NOTIFIED OR INSTRUCTED THE COMPANY IN WRITING TO THE CONTRARY. NOTE: PURSUANT TO SENATE BILL 91-14 (C.R.S. 10-11-122) NOTICE IS HEREBY GIVEN THAT: (A) THE SUBJECT PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; (B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; (C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. NOTE: PURSUANT TO C.R.S. 38-35-125(2) NO PERSON OR ENTITY THAT PROVIDES CLOSING AND SETTLEMENT SERVICES FOR A REAL ESTATE TRANSACTION SHALL DISBURSE FUNDS AS A PART OF SUCH SERVICES UNTIL THOSE FUNDS HAVE BEEN RECEIVED AND ARE AVAILABLE FOR IMMEDIATE WITHDRAWAL AS A MATTER OF RIGHT... NOTE: PURSUANT TO C.R.S. 10-11-123 NOTICE IS HEREBY GIVEN: THIS NOTICE APPLIES TO OWNER'S POLICY COMMITMENTS CONTAINING A MINERAL SEVERANCE INSTRUMENT EXCEPTION, OR EXCEPTIONS, IN SCHEDULE B, SECTION 2. (A) THAT THERE IS RECORDED EVIDENCE THAT A MINERAL ESTATE HAS BEEN SEVERED, LEASED, OR OTHERWISE CONVEYED FROM THE SURFACE ESTATE. AND THAT THERE IS A SUBSTANTIAL LIKELIHOOD THAT A THIRD PARTY HOLDS SOME OR ALL INTEREST IN OIL, GAS, OTHER MINERALS, OR GEOTHERMAL ENERGY IN THE PROPERTY; AND (B) THAT SUCH MINERAL ESTATE MAY INCLUDE THE RIGHT TO ENTER AND USE THE PROPERTY WITHOUT THE SURFACE OWNER'S PERMISSION. A copy of the attached Privacy Policy Notice is to be provided to all parties involved in this transaction. 321COOTC.2599 Rev. 6117106 COMMITMENT FILE NO.: 33700-08-02058 GRS REVISION NO.: SCHEDULE B - SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests, or claims that are not shown by the Public Record but that could be ascertained by an inspection of the Land or that maybe asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, conflict in boundary lines, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the Proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result In taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 8. Mineral reservations as set forth in the Patent from the United States of America to the Union Pacific Railway Company recorded April 29, 1876 in Book 20 at Page 75. 9. An easement for drainage tile and incidental purposes granted to Farms Incorporated by the instrument recorded December 20, 1961 in Book 1602 at Page 350. 10. An oil and gas lease, executed by Harold L. Johnson and Phyllis A. Johnson, as Lessors(s) and by Energy Oil Inc., as Lessee(s), dated December 1, 1981 and recorded December 21, 1981 at Reception No. 1877651, and any and all assignments thereof or interests therein. 11. An oil and gas lease, executed by James A. Gray and Johnne Gray, as Lessors(s) and by Golden Buckeye Petroleum Corporation, as Lessee(s), dated April 22, 1988 and recorded May 16, 1988 at Reception No. 2141214, and any and all assignments thereof or Interests therein. 12. An oil and gas lease, executed by Virginia Souder, as Lessors(s) and by Golden Buckeye Petroleum Corporation, as Lessee(s), for a primary term of years, dated April 22, 1988 and recorded May 23, 1988 at Reception No. 2142051, and any and all assignments thereof or Interests therein. COMMITMENT FILE NO.: 33700-08-02058 GRS REVISION NO.: SCHEDULE B - SECTION 2 EXCEPTIONS 13. An oil and gas lease, executed by Katherine Gray Alexander, as Lessors(s) and by Golden Buckeye Petroleum Corporation, as Lessee(s), dated April 22, 1988 and recorded May 23, 1988 at Reception No. 2142052, and any and all assignments thereof or interests therein. 14. An oil and gas lease, executed by Dorothy Gray Wicklatz and John Wicklatz, as Lessors(s) and by Golden Buckeye Petroleum Corporation, as Lessee(s), for a primary term of years, dated April 22, 1988 and recorded May 23, 1988 at Reception No. 2142055, and any and all assignments thereof or interests therein. 15. An oil and gas lease, executed by The John Hopkins University, as Lessors(s) and by Golden Buckeye Petroleum Corporation, as Lessee(s), dated February 1, 1988 and recorded July 14, 1988 at Reception No. 2148047, and any and all assignments thereof or interests therein. 16. 100% interest in all oil, gas and/or other minerals as reserved by Deed recorded September 15, 1988 at Reception No. 2155682, and any and all assignments thereof or interests therein. 17. An oil and gas lease, executed by Sayers H. Sarran and Barbara H. Irwin, Trustee, Alfred R. Hill, Donald P. Hill et al, as Lessors(s) and by Harold L. Johnson and Phyllis A. Johnson, as Lessee(s), dated September 1, 1987 and recorded January 9, 1989 at Reception No. 2167496, and any and all assignments thereof or interests therein. 18. An easement for popeline and incidental purposes granted to Swanson & Morris Ltd. by the instrument recorded July 15, 1993 at Reception No. 2341166. 19. 100% Interest in all oil, gas and/or other minerals as reserved by Deed recorded February 9, 1996 at Reception No. 2475847, and any and all assignments thereof or interests therein. 20. 100% interest in all oil, gas and/or other minerals as reserved by Deed recorded February 9, 1996 at Reception No. 2475848, and any and all assignments thereof or interests therein. 21. Notice of Right to use the surface of the lands by Baraa Oil, Inc., a Colorado Corporation recorded December 21, 2000 at Reception No. 2815002. 22. An easement for water transmission line and incidental purposes granted to Central Weld County Water District by the instrument recorded February 26, 2001 at Reception No. 2828152. 23. An easement for avigation and incidental purposes granted to The Greeley and Weld County Airport Authority by the instrument recorded February 27, 2002 at Reception No. 2928727. 24. The effect of Prairie Echoes P.U.D. Change of Zone recorded July 11, 2002 at Reception No. 2968418 and corrected November 12, 2003 at Reception No. 3125992. 25. An easement for pipeline and meter house site and incidental purposes granted to Duke Energy Field Services, Inc. by the Instrument recorded June 26, 2003 at Reception No. 3077388. 26. Terms, conditions, provisions, agreements and obligations specified under the Ground Water management Subdistrict by and between Harold L. Johnson and Phyllis A. Johnson recorded October 29, 2003 at Reception No. 3121570. W vb COMMITMENT FILE NO.: 33700-08-02058 GRS REVISION NO.: SCHEDULE B - SECTION 2 EXCEPTIONS 27. Any portion of the land which may lie withing or used in connection with the railroad right of way which forms the southern boundary of the land. 28. 100% interest in all oil, gas and/or other minerals as reserved by Deed recorded October 19, 2005 at Reception No. 3332722, and any and all assignments thereof or interests therein. 29. Easements, notes, terms, conditions, provisions, agreements and obligations as shown on the map of Recorded Exemption No. 0961-25-2-RE2308 recorded June 15, 1999 at Reception No. 2700583. 30. Easements, notes, terms, conditions, provisions, agreements and obligations as shown on the map of Corrected Recorded Exemption No. 0961-25-2-RE2308 recorded November 7, 2003 at Reception No. 3124677. 31. Easements, notes, terms, conditions, provisions, agreements and obligations as shown on the map of Recorded Exemption No. 0961 -25 -2 -RE -4519 recorded March 15, 2007 at Reception No. 3462193. 32. Terms, conditions, provisions, agreements and obligations specified under the Assignment recorded October 24, 2006 at Reception No. 3429827. 33. Terms, conditions, provisions, agreements and obligations specified under the Resolution recorded March 12, 2007 at Reception No. 3461331. 34. Terms, conditions, provisions, agreements and obligations specified under the Request for Notification of Pending Surface Development recorded August 24, 2007 at Reception No. 3499549. 35. Terms, conditions, provisions, agreements and obligations specified under the Colorado Interstate Right of Way Agreement recorded September 14, 2007 at Reception No. 3504267. 36. Terms, conditions, provisions, agreements and obligations specified under the Request for Notification of Surface Development recorded October 15, 2007 at Reception No. 3511023. 37. Reservations made by the Union Pacific Railway Company in Deed recorded January 9, 2008 at Reception No. 3528188, providing substantially as follows: Reserving unto the Company and its assigns all coal that may be found underneath the surface of the land herein described and the exclusive right to prospect and mine for same, also such right of way and other grounds as may appear necessary for proper working of any coal mines that may be developed upon said premises, and for transportation of coal from same; and any and all assignments thereof or interest therein. NOTE: Endorsement Form 130.3M will be attached to the Owner's Policy and standard printed Exceptions 1 through 5 will be deleted from the ALTA Owner's Policy when issued upon payment of the applicable premium and satisfaction of the Requirements. NOTE: Upon verification of payment of the 2007 year taxes and assessments, standard printed Exception 6 will be amended to read as follows. Taxes and assessments for the year 2007, paid: Taxes and assessments for the year 2008 and subsequent years, a lien not yet due or payable. ALTA Cemmllment Schedule a -section II (8nno6) NOTICE TO PROSPECTIVE BUYERS OF SINGLE FAMILY RESIDENCES (PURSUANT TO INSURANCE REGULATION 3-5-1) A. "GAP" PROTECTION When North American Title Company of Colorado, (hereinafter referred to as "Company"), is responsible for recording or filing the legal documents creating the estate or interest to be Insured in a single family residence and for disbursing funds necessary to complete the transaction, the Company shall be responsible for any deeds, mortgages, lis-pendens, liens or other title encumbrances which first appear in the public records subsequent to the Effective Date of the Commitment but prior to the Effective Date of the Policy, provided the following conditions are satisfied prior to the Company's disbursement of the funds: 1. Properly executed documents creating the estate or interest are in the possession of the Company. 2. A fully executed Affidavit and Indemnity form signed by the seller and satisfactory to the Company is in the possession of the Company. No coverage will be afforded against deeds, mortgages, lis-pendens, liens or other title encumbrances actually known to the proposed insured prior to or at the time of recordation of the documents. Public Records as used herein means those records established under state statutes for the purpose of imparting constructive notice of deeds, mortgages, lis-pendens, liens or other title encumbrances to purchasers for value and without knowledge. B. MECHANICS' LIEN PROTECTION If you are a buyer of a single family residence, you may request coverage against loss because of unrecorded claims asserted by construction, labor or material suppliers against your home. If no construction, improvements or major repairs have been undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will be payment of the appropriate premium and the execution by the seller of an Affidavit and Indemnity form satisfactory to the Company. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity Agreements satisfactory to the Company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which you have contracted or agreed to pay. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. s21COOTMzs11 6117/06 Wfb NORTH AMERICAN TITLE GROUP FAMILY OF COMPANIES Privacy Policy Notice (2/1/08) We at the North American Title Group family of companies take your privacy very seriously. This Notice is being given on behalf of each of the companies listed below' (the 'North American Title Companies"), as well as on behalf of North American Advantage Insurance Services, LLC. It explains our policy regarding the personal information of our customers and our former customers. OUR PRIVACY POLICIES AND PRACTICES The North American Title Companies 1. Information North American Title Companies collect, and the sources from which we collect it: On forms related to your real estate transaction, North American Title Companies collect personal information that you, our affiliates or third parties have provided to us, such as, for example, your name, address, and sale price of your home. All of the information that we collect Is referred to in this notice as "NAT Collected Information". 2. What Information North American Title Companies disclose to our affiliates: From time to time, as permitted by law, the North American Title Companies may share NAT Collected Information with each other and with North American Advantage Insurance Services, LLC ("NAAIS") about customers and former customers. You may ask us not to share NAT Collected Information among the North American Title Companies and NAAIS by writing to us and letting us know at: North American Title Group, Inc., Attention: Corporate Affairs, 700 NW 107th Avenue, Suite 300, Miami, FL 33172. Your request will not affect NAT Collected Information that the North American Title Companies are otherwise permitted by law to share, such as, in certain circumstances, NAT Collected Information related to our experiences and transactions with you. 3. What information North American Title Companies disclose to third parties: • If permitted by federal law and the law of your state, we may disclose some or all of the following information to companies that perform marketing services on our behalf and to certain unaffiliated insurance companies with whom we have joint marketing agreements: your name, current address, purchased property address, and dosing date. • We also may share NAT Collected Information about customers and former customers with other unaffiliated third parties, as permitted by law. For example, NAT Collected Information may be shared in certain circumstances (A) with companies involved in servicing or processing your account (B) with insurance regulatory authorities, and (C) with law enforcement officials, to protect against fraud or other crimes. 4. Your right to access your personal information: You have the right to review your personal information that we have on record about you. If you wish to review that information, please contact the local North American Title Company office identified on the title insurance product to which this notice is attached or where you received this notice and give us a reasonable time to make that information available to you. If you believe any Information is incorrect, notify us, and if we agree, we will correct it. If we disagree, we will advise you in writing why we disagree. 1of3 SSONATIM.J978 Rev. 1/16/08 North American Advantage Insurance Services, LLC 1. Information North American Advantage Insurance Services, LLC ("NAAIS") collect and sources from which we collect It: NAAIS collects personal information about you from you, our affiliates, or third parties on forms related to your transaction with NAAIS or a North American Title Company, such as your name, address, or information about the property that is or will be insured. We also receive information from companies, which compile and distribute public records. All of the information that NAAIS collects, as described in this paragraph, is referred to in this notice as "NAAIS Collected Information." 2. Information NAAIS may disclose to its affiliates or third parties: NAAIS may disclose NAAIS Collected Information about you or others without your permission as permitted or required by law, including to the following types of institutions for the reasons described: • To a third party or an affiliate if the disclosure will enable that party to perform a business, professional or insurance function for us in connection with an insurance transaction involving you. • To an insurance institution, agent, or credit reporting agency in order to detect or prevent criminal activity, fraud or misrepresentation in connection with an insurance transaction. • To an insurance institution, agent, or credit reporting agency for either this agency or the entity to whom we disclose the information to perform a function in connection with an insurance transaction Involving you. • To an Insurance regulatory authority, law enforcement, or other governmental authority in order to protect our interests in preventing or prosecuting fraud, or if we believe that you have conducted illegal activities. 3. Your right to access and amend your personal Information: You have the right to request access to the personal information that we record about you. Your right Includes the right to know the source of the information and the identity of the persons, institutions or types of institutions to whom we have disclosed such Information within two (2) years prior to your request. Your right includes the right to view such information and copy it in person, or request that a copy of it be sent to you by mail (for which we may charge you a reasonable fee to cover our costs). Your right also includes the right to request corrections, amendments or deletions of any information in our possession. The procedures that you must follow to request access to or an amendment of your information are as follows: To obtain access to your information: You should submit a request in writing to: North American Title Group, Inc., Attention: Corporate Affairs, 700 NW 107th Avenue, Suite 300, Miami, FL 33172. The request should include your name, address, social security number, telephone number, and the recorded information to which you would like access. The request should state whether you would like access in person or a copy of the information sent to you by mail. Upon receipt of your request, we will contact you within 30 business days to arrange providing you with access in person or the copies that you have requested. To correct, amend, or delete any of your information: You should submit a request in writing to: North American Title Group, Inc., Attention: Corporate Affairs, 700 NW 107th Avenue, Suite 300, Miami, FL 33172. The request should include your name, address, social security number, telephone number, the specific information in dispute, and the identity of the document or record that contains the disputed information. Upon receipt of your request, we will contact you within 30 business days to notify you either that we have made the correction, amendment or deletion, or that we refuse to do so and the reasons for the refusal, which you will have an opportunity to challenge. 2 of 3 S4oNATrM.3978 Rev. 11143108 WVu SECURITY PROCEDURES We restrict access to NAT Collected Information and NAAIS Collected Information about you to individuals who need to know such information in order to provide you with your product or service. We maintain physical, electronic and procedural safeguards to protect NAT Collected Information and NAAIS Collected Information about you. CHANGES TO OUR PRIVACY POLICY This Notice reflects our privacy policy as of February 1, 2008. We reserve the right to change, modify or amend this policy at any time. Please check our Privacy Policy periodically for changes. The North American Title Group Family of Companies are: North American Title Company, North American Title Insurance Company, North American Title Alliance, LLC, North American Title Florida Alliance, LLC, North American Services, LLC, North American Exchange Company, North American The Agency, North American Abstract Agency and North American Legal Services, L.L.C. ACKNOWLEDGEMENT Your receipt of a copy of the preliminary report, commitment, your policy of insurance, or escrow documents accompanied by this Notice will constitute your acknowledgment of receipt of this Privacy Policy Notice. 3of3 seorurn+asrs Rev. 1/16/08 a i HEELER MANAGEMENT GROUP, INC. 1130 38th Ave., Suite B • Greeley. CO 80634 Greeley 970/352-5860 Denver 303/892-1518 Fort Coffins 970/223-7884 Cell 970/381-3001 James Vetting ® Fax 970/352-0117 Broker Associate jvetting@wheelerngi.coni eRecorded in Weld County, CO Doc Id: 3655136 10/20/2009 03:44 P Receipt#: 7437372 Page: 1 of 1 Total Fee: $13.50 Steve Moreno, Clerk and Recorder County of Weld, a body WARRANTY DEED THIS DEED, Made on September 18, 2009 between Charles P. Butzine of the County of Weld, State of Colorado, grantor(s), and County of Weld, a body Corporate and Politic whose legal address is of the County of Weld, State of Colorado, grantee(s): WITNESSETH, that the grantor(s), for and in consideration of the sum of Severity Five Thousand and 00/100 DOLLARS ($75,000.00), the receipt and sufficiency of which are hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the grantee(s), their heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado described as follows: Lot B of Recorded Exemption No. 0961 -25 -2 -RE -4519, recorded March 15, 2007 at Reception No. 3462193, being a part of the North 1/2 of Section 25; Township 5 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. Together with any and all mineral and water rights as known by street and numbers as: 23014 WCR 54, Greeley. CO 80631 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or In anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee(s), their heirs and assigns forever. And the grantor(s), for themselves, their heirs, and personal representatives, do covenant, grant, bargain, and agree to and with the grantee(s), their heirs and assigns, that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed, had good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales liens, taxes, assessments, encuniurances and restrictions of whatever kind or nature soever, except for general taxes and assessments for the year 2009 and subsequent years; and subject to easements, covenants, reservations, restrictions and rights of way of record. The grantor(s) shall and will WARRAN I AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee(s), their heirs and assigns, against all and every person or persons lawfully claiming the whole of any part thereof. Wherever used herein, the plural references shall be construed to be singular references and singular references shall be construed to be plural references where the context requires and all references of gender and person shall be construed to refer to the grantor or grantors identified herein regardless of the context. IN WITNESS WHEREOF, the grantor(s) have executed this dyed on the jlate et forth above. Charles P. Butzi STATE OF COLORADO ) SS. COUNTY OF WELD Tfa�rregoing instrument was acknowledged before roe this Igk day of arl-fly) CC�j by Charles P. Butzine. Witness my hand and official seal. My commission expires 08/25/2010 33700-08-02058 GRS a No. 932A.Rev. 10-97 Warranty Deed (For Photographic Record) NORTH AMERICAN T I I LE COMPANY OF COLORADO �!-i r Cyr' s' ""J ui S21COoTD.2632 Rev. 11/9104 b cr ;1 County of Weld, a body WARRANTY DEED THIS DEED, Made on September 18, 2009 between Charles P. Butzine of the County of Weld, State of Colorado, grantor(s), and County of Weld, a body Corporate and Politic whose legal address is of the County of Weld, State of Colorado, grantee(s): WITNESSETH, that the grantor(s), for and in consideration of the sum of Seventy Five Thousand and 00/100 DOLLARS ($75,000.00), the receipt and sufficiency of which are hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the grantee(s), their heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado described as follows: Lot B of Recorded Exemption No. 0961 -25 -2 -RE -4519, recorded March 15, 2007 at Reception No. 3462193, being a part of the North 1/2 of Section 25; Township 5 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. Together with any and all mineral and water rights as known by street and numbers as: 23614 WCR 54, Greeley. CO 80631 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee(s), their heirs and assigns forever. And the grantor(s), for themselves, their heirs, and personal representatives, do covenant, grant, bargain, and agree to and with the grantee(s), their heirs and assigns, that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed, had good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except for general taxes and assessments for the year 2009 and subsequent years; and subject to easements, covenants, reservations, restrictions and rights of way of record. The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee(s), their heirs and assigns, against all and every person or persons lawfully claiming the whole of any part thereof. Wherever used herein, the plural references shall be construed to be singular references and singular references shall be construed to be plural references where the context requires and all references of gender and person shall be construed to refer to the grantor or grantors identified herein regardless of the context. IN WITNESS WHEREOF, the grantor(s) have executed thi§,dged on the ate et forth above. Charles P. Butzi STATE OF COLORADO ) SS. COUNTY OF WELD The foregoing instrument was acknowledged before me this tit ( by Charles P. Butzine. 33700-08-02058 GRS C C K. 1 Y lilt day of Witness my hand and official seal. My commission expires 08/25/2010 \ i L)V 1 .; 1 Notary Pubb)c No. 932A.Rev. 10-97 Warranty Deed (For Photographic Record) NORTH AMERICAN TITLE COMPANY OF COLORADO tr S21COOTD.2632 Rev. 11/9/04 REAL PROPERTY TRANSFER DECLARATION (TD -1000) GENERAL INFORMATION FILE NO.: 33700-08-02058 GRS PURPOSE: 'Hie Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. Refer to 39-14-102(4), Colorado Revised Statutes (C.R.S.). REQUIREMENTS: All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must he completed and signed by the grantor (seller) or grantee (buyer). Refer to 39-14-102(1)(a), C.R.S. PENALTY FOR NONCOMPLIANCE: Whenever a Real Property l7ansfer Declaration does not accompany the deed, the clerk and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration be returned within thirty days after the notice is mailed. If the Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice, the assessor may impose a penalty of $25.00 or .025% (.00025) of the sale price, whichever is greater. This penalty may he imposed for any subsequent year that the buyer fails to submit the declaration until the property is sold. Refer to 39-14-102(1)(b), C.R.S. CONFIDENTIALITY: The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer. I lowever, it is only available to the seller if the seller filed the declaration. Information derived from the Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law. Refer to 39-5-121.5, C.R.S. and 39-13-102(5)(c), 1) Address and/or legal description for the real property sold: Please do not use P.O. box numbers. 23614 WCR 54 Greeley, CO 80631 2) Type of property purchased: Single Family Residential Townhouse Condominium Multi -Unit Res. Commercial Industrial Agricultural Mixed Use X Vacant Land Other: 3) Date of Closing: September 18, 2009 Date of contract if different than date of closing Month Day Year Month Day Year 4) Total sale price: Including all real and personal property. $ 75,000.00 5) Was any personal property included in the transaction? Personal property would include, but is not limited to, carpeting, drapes, free standing appliances, equipment, inventory, furniture. If the personal property is not listed, the entire purchase price will be assumed to he for the real property as per 39-13-102, C.R.S. ( ) Yes ( X ) No If yes, approximate value $ Describe: 6) Did the total sale price include a trade or exchange of additional real or personal property? If yes, give the approximate value of the goods or services as of the date of closing. ( ) Yes ( X ) No If yes, approximate value $ . If yes, does this transaction involve a trade under IRS Code Section 1031? Yes No 7) Was 100% interest in the real property purchased? Mark "no" if only a partial interest is being purchased. X Yes No If no, interest purchased 8) Is this a transaction among related parties? Indicate whether the buyer or seller are related. Related parties include persons within the same family, business affiliate, or affiliated corporations. ( ) Yes ( X ) No 9) Check any of the following that apply to the condition of the improvements at the time of purchase. jL. New Excellent Good Average Fair Poor Salvage If the property is financed, please complete the following. 10) Total amount financed $ 0.00 11) Type of Financing: (Check all that apply) New Assumed Seller Combination; Explain 12) Terms Variable; Starting interest rate '7, Fixed; Interest rate _% Length of time years Balloon Payment Yes No If yes, amount $ Due date 13) Mark any that apply: Seller assisted down payments, Seller concessions, Special terms or financing. If marked, please specify: For properties OTI I ER than residential (Residential is defined as: single family detached, townhomes, apartments and condominiums) please complete question 14-16 if applicable. Otherwise, skip to #17 to complete. Third Party 14) Did the purchase price include a franchise or license fee? Yes No If yes, franchise or license fee value $ 15) Did the purchase price involve an installment land contract? If yes, date of contract 16) If this was a vacant land sale, was an on -site inspection of the property conducted by the buyer prior to the closing? Yes No Remarks: Please include any additional information concerning the sale you may feel is important. Yes No 17) Signed this 18th day of September, 2009 Enter the dawnoath and year, have at least one of the parties to the transaction sign the document, and include and address and a day time phone rfianb r.. P lea;;edeer or seller. igna1'urE�of Grantee (Buyer) � or Grantor (Seller) 18) All future correspondence (tax hills, property valuations, etc.) regarding this property should be mailed to: ILII,'.I ( ) Daytime Phone Address (mailing) , r ( City, tate and Zrp Code 521 COOEM.2420 Rev. 8/30/05 Hello