HomeMy WebLinkAbout20082987.tiff CHASE 0
•
September 11, 2008
To whom it may concern:
Re: Donald Frei DBA Northern Colorado Disposal Inc.
Please be advised that Donald Frei has been pre-approved for a loan with
JPMorgan Chase Bank, NA to purchase property known as 30951 W 59th St
North Greeley, CO.
Sincerely,
• Aam�
Loran Emmons,
Vice President
Chase Business Banking
•
JPMorgan Chase Bank,N.A.•Business Banking•200 E.7th St.,Loveland,CO 80537
2008-2987
Telephone:970 622 7521•Facsimile:970 622 7466
1 ' "fhe printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.
2 (CBS1-8-07)(Mandatory 1-08)
3
4 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX
• OR OTHER COUNSEL BEFORE SIGNING.
7 CONTRACT TO BUY AND SELL REAL ESTATE
8 (ALL TYPES OF PROPERTIES)with Closing Instructions
9
10 Date:May 22, 2008
11
12 1. AGREEMENT. Buyer agrees to buy, and Seller agrees to sell, the Property defined below on the terms and
13 conditions set forth in this contract(Contract).
14
15 2. DEFINED TERMS.
16 2.1. Buyer. Buyer,Northern Colorado Disposal, Inc. and/or assigns, will take title to the real property described
17 below as ❑Joint Tenants ❑ Tenants In Common ®Other n/a.
18 2.2. Property. The Property is the following legally described real estate in the County of Weld, Colorado:
19 PT NE4NE4 33-6-66 LOT A REC EXEMPT RE-449 (75R.60RR) 30951 59 AVE WELD (EXACT LEGAL TO BE
20 PROVIDED BY TITLE COMPANY)
21
22 known as No. O W 59 th N Ave, Greeley, CO 80634
23 Street Address City State Zip
24 together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto, and all
25 interest of Seller in vacated streets and alleys adjacent thereto,except as herein excluded.
26 2.3. Dates and Deadlines.
Item No. Reference Event Date or Deadline
§4.2.1 Alternative Earnest Money Deadline n/a
2 § 5.1 Loan Application Deadline June 20, 2008
3 § 5.2 Loan Conditions Deadline September 3, 2008
• 4 § 5.3 Buyer's Credit Information Deadline n/a
5 § 5.3 Disapproval of Buyer's Credit Information Deadline n/a
6 § 5.4 Existing Loan Documents Deadline n/a
7 § 5.4 Existing Loan Documents Objection Deadline n/a
8 § 5.4 Loan Transfer Approval Deadline n/a
9 § 6.2.2 Appraisal Deadline September 3, 2008
10 § 7.1 Title Deadline June 4, 2008
11 § 8.1 Title Objection Deadline June 16, 2008
12 § 7.3 Survey Deadline August 8, 2008
13 § 8.3.2 Survey Objection Deadline August 22, 2008
14 § 7.2 Document Request Deadline June 17, 2008
15 §7.4.4 CC Documents Deadline n/a
16 § 7.4.5 CIC Documents Objection Deadline n/a
17 § 8.2 Off-Record Matters Deadline June 4, 2008
18 § 8.2 Off-Record Matters Objection Deadline June 11, 2008
19 § 8.6 Right of First Refusal Deadline n/a
20 § 10.1 Seller's Property Disclosure Deadline June 11, 2008
21 § 10.2 Inspection Objection Deadline September 17, 2008
22 § 10.3 Inspection Resolution Deadline September 24, 2008
23 § 10.5 Property Insurance Objection Deadline October 1, 2008
24 § 12 Closing Date October 17, 2008
25 § 17 Possession Date October 17, 2008
26 § 17 Possession Time After closing
27 § 31 Acceptance Deadline Date May 23, 2008
28 § 31 Acceptance Deadline Time 5:00 p.m.
. n/a
n/a
27
No.CBS1-8-07. CONTRACT TO BUY AND SELL REAL ESTATE(ALL TYPES OF PROPERTIES) Page 1 of 16 `-+•
WITH CLOSING INSTRUCTIONS Initial
28 ' 2.4. Applicability of Terms. A check or similar mark in a box means that such provision is applicable. The
29 abbreviation "N/A" or the word "Deleted" means not applicable and when inserted on any line in Dates and Deadlines
30 (§ 2.3), means that the corresponding provision of the Contract to which reference is made is deleted. The abbreviation
31 "MEC"(mutual execution of this Contract)means the date upon which both parties have signed this Contract.
• 3. INCLUSIONS AND EXCLUSIONS.
34 3.1. Inclusions. The Purchase Price includes the following items(Inclusions):
35 3.1.1. Fixtures. If attached to the Property on the date of this Contract, lighting, heating, plumbing,
36 ventilating, and air conditioning fixtures, TV antennas, inside telephone wiring and connecting blocks/jacks, plants,
37 mirrors, floor coverings, intercom systems, built-in kitchen appliances, sprinkler systems and controls, built-in vacuum
38 systems(including accessories),garage door openers including nth remote controls;and 0 n/a.
39 3.1.2. Personal Property. The following are included if on the Property whether attached or not on the
40 date of this Contract: storm windows, storm doors,window and porch shades, awnings, blinds, screens,window coverings,
41 curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves, storage sheds, and all keys.
42 If checked,the following are included: ❑ Water Softeners 0 Smoke/Fire Detectors 0 Security Systems ❑Satellite
43 Systems(including satellite dishes)
44 3.1.3. Other Inclusions. n/a.
45 The Personal Property to be conveyed at Closing shall be conveyed by Seller free and clear of all taxes(except
46 personal property taxes for the year of Closing), liens and encumbrances, except n/a . Conveyance shall be by bill of sale
47 or other applicable legal instrument.
48 3.1.4. Trade Fixtures. With respect to trade fixtures, Seller and Buyer agree as follows:n/a
49
50 The Trade Fixtures to be conveyed at Closing shall be conveyed by Seller free and clear of all taxes (except
51 personal property taxes for the year of Closing), liens and encumbrances, except n/a . Conveyance shall be by bill of sale
52 or other applicable legal instrument.
53 3.1.5. Parking and Storage Facilities. ❑ Use Only ❑ Ownership of the following parking facilities:
54 n/a ; and❑ Use Only 0 Ownership the following storage facilities: n/a.
55 3.1.6. Water Rights. The following legally described water rights: Domestic water tap will be conveyed
56 to Buyer at closing; all wells, including, but not limited to, livestock well and domestic well will be conveyed to Buyer at
57
closing. Seller will provide all water documents and records to Buyer on or before June 11, 2008. Water rights shall
include a water tap from North Weld Water.
Any water rights shall be conveyed by 0 n/a Deed ® Other applicable legal instrument. If well rights are
60 to be transferred to Buyer, Seller agrees to supply the required information to Buyer for Buyer to submit, and also, if
61 required, a Change in Ownership form as promulgated by the Colorado State Engineer's office. The Well Permit# is to be
62 provided by Seller on all wells not later than June 11. 2008.
63 3.1.7. Growing Crops. With respect to growing crops, Seller and Buyer agree as follows: none.
64 3.2. Exclusions. The following items are excluded: none
65 4. PURCHASE PRICE AND TERMS.
66 4.1. Price and Terms. The Purchase Price set forth below shall be payable in U.S.Dollars by Buyer as follows:
67
Item No. Reference Item Amount Amount
1 § 4.1 Purchase Price $ 250,000.00
2 §4.2 Earnest Money $ 3,000,00
3 §4.5 New Loan 230,000.00
4 §4.6 Assumption Balance n/a
5 §4.7 Seller or Private Financing n/a
6 n/a n/a
7 n/a n/a
8 §4.3 Cash at Closing 17,000.00
9 TOTAL $ 250,000.00 $ 250,000.00
68
69 4.2. Earnest Money. The Earnest Money set forth in this section, in the form of check, is part payment of the
70 Purchase Price and shall be payable to and held by Title Company(Earnest Money Holder), in its trust account, on behalf of
71 both Seller and Buyer. The Earnest Money deposit shall be tendered with this Contract unless the parties mutually agree to
72 an Alternative Earnest Money Deadline (§2.3) for its payment. The parties authorize delivery of the Earnest Money
0 deposit to the company conducting the Closing (Closing Company), if any, at or before Closing. In the event Earnest
Money Holder has agreed to have interest on Earnest Money deposits transferred to a fund established for the purpose of
75 providing affordable housing to Colorado residents, Seller and Buyer acknowledge and agree that any interest accruing on
76 the Earnest Money deposited with the Earnest Money Holder in this transaction shall be transferred to suc fund.
No.CBSI-8-07. CONTRACT TO BUY AND SELL REAL ESTATE(ALL TYPES OF PROPERTIES) Page 2 of 16 •F V t
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77 ' 4.2.1. Alternative Earnest Money Deadline. The deadline for delivering the Earnest Money, if other than
78 at the time of tender of the Contract is as set forth as the Alternative Earnest Money Deadline(§2.3).
79 4.3. Cash at Closing. All amounts paid by Buyer at Closing, including Cash at Closing, plus Buyer's closing
80 costs, shall be in funds which comply with all applicable Colorado laws, which include cash, electronic transfer funds,
certified check, savings and loan teller's check and cashier's check (Good Funds). Buyer represents that Buyer ® Does
0 Does Not have funds that are immediately verifiable and available in an amount not less than the amount stated as Cash
83 at Closing in §4.1.
84 4.4. Seller Concession. Seller, at Closing, shall pay or credit, as directed by Buyer, a total amount of$n/a to
85 assist with Buyer's closing costs, loan discount points, loan origination fees, prepaid items (including any amounts that
86 Seller agrees to pay because Buyer is not allowed to pay due to FHA, CHFA, VA, etc.), and any other fee, cost, charge,
87 expense or expenditure related to Buyer's New Loan or other allowable Seller concession(collectively, Seller Concession).
88 The Seller Concession is in addition to any sum Seller has agreed to pay or credit Buyer elsewhere in this Contract. If the
89 amount of Seller Concession exceeds the aggregate of what is allowed, Seller shall not pay or be charged such excess
90 amount.
91 4.5. New Loan.
92 4.5.1. Buyer, except as provided in § 4.4, if applicable, shall timely pay Buyer's loan costs, loan discount
93 points, prepaid items and loan origination fees,as required by lender.
94 4.5.2. Buyer may select financing appropriate and acceptable to Buyer, including a different loan than
95 initially sought,except as restricted in §4.5.3 or§ 25,Additional Provisions.
96 4.5.3. Loan Limitations. Buyer may purchase the Property using any of the following types of loan:
97 Z Conventional ❑ FHA ❑ VA 0 Bond.
98 4.5.4. Good Faith Estimate—Monthly Payment and Loan Costs. Buyer is advised to review the terms,
99 conditions and costs of Buyer's New Loan carefully. If Buyer is applying for a residential loan, the lender generally must
100 provide Buyer with a good faith estimate of Buyer's closing costs within three days after Buyer completes a loan
101 application. Buyer should also obtain an estimate of the amount of Buyer's monthly mortgage payment. If the New Loan is
102 unsatisfactory to Buyer, then Buyer may terminate this Contract pursuant to § 5.2 no later than Loan Conditions Deadline
103 (§2,3).
104 4.6. Assumption. OMITTED AS INAPPLICABLE.
105
106 4.7. Seller or Private Financing. OMITTED AS INAPPLICABLE.
1
1 5. FINANCING CONDITIONS AND OBLIGATIONS.
10 5.1. Loan Application. If Buyer is to pay all or part of the Purchase Price by obtaining one or more new loans
110 (New Loan), or if an existing loan is not to be released at Closing,Buyer, if required by such lender, shall make a verifiable
111 application by Loan Application Deadline(§ 2.3).
112 5.2. Loan Conditions. If Buyer is to pay all or part of the Purchase Price with a New Loan, this Contract is
113 conditional upon Buyer determining, in Buyer's subjective discretion, that the availability, terms, conditions, and cost of
114 such New Loan are satisfactory to Buyer. This condition is for the benefit of Buyer. If such New Loan is not satisfactory to
115 Buyer, Seller must receive written notice to terminate from Buyer, no later than Loan Conditions Deadline (§2.3), at
116 which time this Contract shall terminate. IF SELLER DOES NOT RECEIVE TIMELY WRITTEN NOTICE TO
117 TERMINATE,THIS CONDITION SHALL BE DEEMED WAIVED,AND BUYER'S EARNEST MONEY SHALL
118 BE NONREFUNDABLE, EXCEPT AS OTHERWISE PROVIDED IN THIS CONTRACT (e.g., Appraisal, Title,
119 Survey).
120 5.3. Credit Information and Buyer's New Senior Loan. If Buyer is to pay all or part of the Purchase Price by
121 executing a promissory note in favor of Seller, or if an existing loan is not to be released at Closing, this Contract is
122 conditional (for the benefit of Seller) upon Seller's approval of Buyer's financial ability and creditworthiness, which
123 approval shall be at Seller's subjective discretion. In such case: (1) Buyer shall supply to Seller by Buyer's Credit
124 Information Deadline (§ 2.3), at Buyer's expense, information and documents (including a current credit report)
125 concerning Buyer's financial, employment and credit condition and Buyer's New Senior Loan, defined below, if any; (2)
126 Buyer consents that Seller may verify Buyer's financial ability and creditworthiness; (3) any such information and
127 documents received by Seller shall be held by Seller in confidence, and not released to others except to protect Seller's
128 interest in this transaction; (4) in the event Buyer is to execute a promissory note secured by a deed of trust in favor of
129 Seller, this Contract is conditional (for the benefit of Seller)upon Seller's approval of the terms and conditions of any New
130 Loan to be obtained by Buyer if the deed of trust to Seller is to be subordinate to Buyer's New Loan(Buyer's New Senior
131 Loan). Additionally, Seller shall not have the right to terminate, at or before Closing, if the Cash at Closing is less than as
132 set forth in §4.1 of this Contract or Buyer's New Senior Loan changes from that approved by Seller; and(5) if Seller does
10 not deliver written notice of Seller's disapproval of Buyer's financial ability and creditworthiness or of Buyer's New Senior
1 Loan to Buyer by Disapproval of Buyer's Credit Information Deadline (§ 2.3), then Seller waives the conditions set
135 forth in this section as to Buyer's New Senior Loan supplied to Seller. If Seller does deliver written notice of disapproval to
136 Buyer on or before said date,this Contract shall terminate. _
No.CBSI-8-07. CONTRACT TO BUY AND SELL REAL ESTATE(ALL TYPES OF PROPERTIES) Page 3 of 16 '(�
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137 ' 5.4. Existing Loan Review. If an existing loan is not to be released at Closing, Seller shall deliver copies of the
138 loan documents (including note, deed of trust, and any modifications) to Buyer by Existing Loan Documents Deadline
139 (§2.3). For the benefit of Buyer, this Contract is conditional upon Buyer's review and approval of the provisions of such
140 loan documents. If written notice of objection to such loan documents, signed by Buyer, is not received by Seller by
1aExisting Loan Documents Objection Deadline (§ 2.3), Buyer accepts the terms and conditions of the documents. If the
lender's approval of a transfer of the Property is required,this Contract is conditional upon Buyer's obtaining such approval
143 without change in the terms of such loan, except as set forth in §4.6. If lender's approval is not obtained by Loan
144 Transfer Approval Deadline (§2.3), this Contract shall terminate on such deadline. If Seller is to be released from
145 liability under such existing loan and Buyer does not obtain such compliance as set forth in §4.5, this Contract may be
146 terminated at Seller's option.
147
148 6. APPRAISAL PROVISIONS.
149 6.1. Property Approval. If the lender imposes any requirements or repairs (Requirements) to be made to the
150 Property (e.g., roof repair, repainting), beyond those matters already agreed to by Seller in this Contract, Seller may
151 terminate this Contract(notwithstanding § 10 of this Contract) by written notice to Buyer on or before three calendar days
152 following Seller's receipt of the Requirements. The right to terminate in this § 6.1 shall not apply if on or before five
153 calendar days prior to Closing Date (§ 2.3): (1) the parties enter into a written agreement; or (2) the Requirements are
154 completed by Seller; or(3)the satisfaction of the Requirements is waived in writing by Buyer.
155 6.2. Appraisal Condition.
156 0 6.2.1. Not Applicable. This §6.2. shall not apply.
157 Z 6.2.2. Conventional/Other. Buyer shall have the sole option and election to terminate this Contract if the
158 Purchase Price exceeds the Property's valuation determined by an appraiser engaged by Buyer's Lender. This Contract shall
159 terminate by Buyer delivering to Seller written notice of termination and either a copy of such appraisal or written notice
160 from lender that confirms the Property's valuation is less than the Purchase Price, received on or before Appraisal
161 Deadline (§2.3). If Seller does not receive such written notice of tcrmination on or before Appraisal Deadline (§2.3),
162 Buyer waives any right to terminate under this section.
163 0 6.2.3. FHA. It is expressly agreed that, notwithstanding any other provisions of this Contract, the
164 Purchaser(Buyer) shall not be obligated to complete the purchase of the Property described herein or to incur any penalty
165 by forfeiture of Earnest Money deposits or otherwise unless the Purchaser (Buyer) has been given in accordance with
166 HUD/FHA or VA requirements a written statement issued by the Federal Housing Commissioner, Department of Veterans
1 Affairs, or a Direct Endorsement lender, setting forth the appraised value of the Property of not less than
$n/a . The Purchaser (Buyer) shall have the privilege and option of proceeding with the consummation of the Contract
169 without regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum
170 mortgage the Department of Housing and Urban Development will insure. HUD does not warrant the value nor the
171 condition of the Property. The Purchaser(Buyer)should satisfy himself/herself that the price and condition of the Property
172 are acceptable.
173 0 6.2.4. VA. It is expressly that,notwithstanding any other provisions of this Contract,the purchaser(Buyer)
174 shall not incur any penalty by forfeiture of Earnest Money or otherwise or be obligated to complete the purchase of the
175 Property described herein, if the Contract Purchase Price or cost exceeds the reasonable value of the Property established by
176 the Department of Veterans Affairs. The purchaser (Buyer) shall, however, have the privilege and option of proceeding
177 with the consummation of this Contract without regard to the amount of the reasonable value established by the Department
178 of Veterans Affairs.
179 6.3. Cost of Appraisal. Cost of any appraisal to be obtained after the date of this Contract shall be timely paid by
180 ® Buyer ❑ Seller.
181
182 7. EVIDENCE OF TITLE,SURVEY AND CIC DOCUMENTS.
183 7.1. Evidence of Title. On or before Title Deadline(§2.3),Seller shall cause to be furnished to Buyer,at Seller's
184 expense, a current commitment for owner's title insurance policy(Title Commitment) in an amount equal to the Purchase
185 Price, or if this box is checked, 0 An Abstract of title certified to a current date. At Seller's expense, Seller shall cause
186 the title insurance policy to be issued and delivered to Buyer as soon as practicable at or after Closing. If a title insurance
187 commitment is furnished, it® Shall 0 Shall Not commit to delete or insure over the standard exceptions which relate to:
188 (1) parties in possession,
189 (2) unrecorded easements,
190 (3) survey matters,
191 (4) any unrecorded mechanic's liens,
1 (5) gap period(effective date of commitment to date deed is recorded),and
(6) unpaid taxes,assessments and unredeemed tax sales prior to the year of Closing.
194 Any additional premium expense to obtain this additional coverage shall be paid by 0 Buyer ®Seller.
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195 ' Note: The title insurance company may not agree to delete or insure over any or all of the standard exceptions. Buyer shall
196 have the right to review the Title Commitment pursuant to § 8.1.
197 7.2. Copies of Exceptions. On or before Title Deadline(§2.3), Seller, at Seller's expense,shall furnish to Buyer
198 and n/a, (1) copies of any plats, declarations, covenants, conditions and restrictions burdening the Property, and
120
(2) if a Title Commitment is required to be furnished, and if this box is checked ® Copies of any Other Documents(or,
if illegible, summaries of such documents) listed in the schedule of exceptions (Exceptions). Even if the box is not
201 checked, Seller shall have the obligation to furnish these documents pursuant to this subsection if requested by Buyer any
202 time on or before Document Request Deadline (§2.3). This requirement shall pertain only to documents as shown of
203 record in the office of the clerk and recorder where the Property is located. The abstract or Title Commitment, together
204 with any copies or summaries of such documents furnished pursuant to this section, constitute the title documents (Title
205 Documents).
206 7.3. Survey. On or before Survey Deadline (§2.3), ® Seller 0 Buyer shall order and cause Buyer(and the
207 issuer of the Title Commitment or the provider of the opinion of title if an abstract) to receive a current 0 Improvement
208 Survey Plat 0 Improvement Location Certificate ® boundary survey(the description checked is known as Survey).
209 An amount not to exceed $500.00 for Survey shall be paid by 0 Buyer ® Seller. If the cost exceeds this amount, ❑
210 Buyer ® Seller shall pay the excess on or before Closing. Buyer shall not be obligated to pay the excess unless Buyer is
211 informed of the cost and delivers to Seller, before Survey is ordered,Buyer's written agreement to pay the required amount
212 to be paid by Buyer.
213 7.4. Common Interest Community Documents. The term CIC Documents consists of all owners' associations
214 (Association) declarations, bylaws, operating agreement, rules and regulations, party wall agreements, minutes of most
215 recent annual owners' meeting and minutes of any directors' or managers' meetings during the 6-month period immediately
216 preceding the date of this Contract, if any (Governing Documents), most recent financial documents consisting of(1)
217 annual balance sheet, (2) annual income and expenditures statement, and (3) annual budget(Financial Documents), if any
218 (collectively CIC Documents).
219 0 7.4.1. Not Applicable. This § 7.4. shall not apply.
220 7.4.2. Common Interest Community Disclosure. THE PROPERTY IS LOCATED WITHIN A
221 COMMON INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR SUCH COMMUNITY.THE
222 OWNER OF THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNER'S ASSOCIATION FOR
223 THE COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE
224 ASSOCIATION. THE DECLARATION, BYLAWS, AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL
OBLIGATIONS UPON THE OWNER OF THE PROPERTY, INCLUDING AN OBLIGATION TO PAY
220 ASSESSMENTS OF THE ASSOCIATION. IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, THE
227 ASSOCIATION COULD PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT. THE
228 DECLARATION, BYLAWS, AND RULES AND REGULATIONS OF THE COMMUNITY MAY PROHIBIT THE
229 OWNER FROM MAKING CHANGES TO THE PROPERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE
230 ASSOCIATION (OR A COMMITTEE OF THE ASSOCIATION) AND THE APPROVAL OF THE ASSOCIATION.
231 PURCHASERS OF PROPERTY WITHIN THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE THE
232 FINANCIAL OBLIGATIONS OF MEMBERS OF THE ASSOCIATION. PURCHASERS SHOULD CAREFULLY
233 READ THE DECLARATION FOR THE COMMUNITY AND THE BYLAWS AND RULES AND REGULATIONS OF
234 THE ASSOCIATION.
235 0 7.4.3. Not Conditional on Review. Buyer acknowledges that Buyer has received a copy of the CIC
236 Documents. Buyer has reviewed them, agrees to accept the benefits, obligations and restrictions that they impose upon the
237 Property and its owners and waives any right to terminate this Contract due to such documents, notwithstanding the
238 provisions of§ 8.5.
239 7.4.4. CIC Documents to Buyer.
240 ❑ 7.4.4.1. Seller to Provide CIC Documents. Seller shall cause the CIC Documents to be provided
241 to Buyer,at Seller's expense,on or before CIC Documents Deadline(§ 2.3).
242 ❑ 7.4.4.2. Seller Authorizes Association. Seller authorizes the Association to provide the CIC
243 Documents to Buyer, at Seller's expense.
244 7.4.4.3. Seller's Obligation. Seller's obligation to provide the CIC Documents shall be fulfilled
245 upon Buyer's receipt of the CIC Documents,regardless of who provides such documents.
246 7.4.5. Conditional on Buyer's Review. If the box in either§7.4.4.1 or§ 7.4.4.2 is checked,the provisions
247 of this § 7.4.5 shall apply. Written notice of any unsatisfactory provision in any of the CIC Documents, in Buyer's
248 subjective discretion, signed by Buyer, or on behalf of Buyer, and delivered to Seller on or before CIC Documents
249 Objection Deadline(§ 2.3), shall terminate this Contract.
250 Should Buyer receive the CIC Documents after CIC Documents Deadline(§2.3),Buyer shall have the right,
2. at Buyer's option, to terminate this Contract by written notice delivered to Seller on or before ten calendar days after
2 Buyer's receipt of the CIC Documents. If Buyer does not receive the CIC Documents, or if such written notice to terminate
253 would otherwise be required to be delivered after Closing Date (§2.3), Buyer's written notice to terminate shall be
254 received by Seller on or before three calendar days prior to Closing Date (§2.3). If Seller does not receive written notice
No.CBSI-8-07. CONTRACT TO BUY AND SELL REAL ESTATE(ALL TYPES OF PROPERTIES) Page S of 16 '
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255 ' from Buyer within such time, Buyer accepts the provisions of the CIC Documents, and Buyer's right to terminate this
256 Contract pursuant to this section is waived,notwithstanding the provisions of§ 8.5.
257 NOTE: If no box in this § 7.4 is checked,the provisions of§ 7.4.4.1 shall apply.
258
220 8. TITLE AND SURVEY REVIEW.
8.1 Title Review. Buyer shall have the right to inspect the Title Documents. Written notice by Buyer of
261 unmerchantability of title, form or content of Title Commitment or of any other unsatisfactory title condition shown by the
262 Title Documents, notwithstanding § 13, shall be signed by or on behalf of Buyer and delivered to Seller on or before Title
263 Objection Deadline (§ 2.3), or within five calendar days after receipt by Buyer of any change to the Title Documents or
264 endorsement to the Title Commitment together with a copy of the document adding any new Exception to title. If Seller
265 does not receive Buyer's notice by the date specified above, Buyer accepts the condition of title as disclosed by the Title
266 Documents as satisfactory.
267 8.2. Matters Not Shown by the Public Records. Seller shall deliver to Buyer, on or before Off-Record Matters
268 Deadline (§2.3)true copies of all leases and surveys in Seller's possession pertaining to the Property and shall disclose to
269 Buyer all easements, liens (including, without limitation, governmental improvements approved, but not yet installed) or
270 other title matters (including, without limitation, rights of first refusal, and options) not shown by the public records of
271 which Seller has actual knowledge. Buyer shall have the right to inspect the Property to investigate if any third party has
272 any right in the Property not shown by the public records (such as an unrecorded easement, unrecorded lease, or boundary
273 line discrepancy or water rights). Written notice of any unsatisfactory condition disclosed by Seller or revealed by such
274 inspection, notwithstanding § 13, shall be signed by or on behalf of Buyer and delivered to Seller on or before Off-Record
275 Matters Objection Deadline (§ 2.3). If Seller does not receive Buyer's notice by said deadline, Buyer accepts title subject
276 to such rights, if any, of third parties of which Buyer has actual knowledge.
277 8.3. Survey Review.
278 ❑ 8.3.1. Not Applicable. This § 8.3 shall not apply.
279 ® 8.3.2. Conditional on Survey. If the box in this § 8.3.2 is checked, Buyer shall have the right to inspect
280 the Survey. If written notice by or on behalf of Buyer of any unsatisfactory condition shown by the Survey,notwithstanding
281 § 8.2 or § 13, is received by Seller on or before Survey Objection Deadline(§2.3)then such objection shall be deemed an
282 unsatisfactory title condition. If Seller does not receive Buyer's notice by Survey Objection Deadline (§2.3), Buyer
283 accepts the Survey as satisfactory.
28 8.4. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL
OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES
2r ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS
287 MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND EXCESSIVE TAX BURDENS TO
288 SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE
289 INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN
290 INCREASE IN MILL LEVIES. BUYER SHOULD INVESTIGATE THE DEBT FINANCING REQUIREMENTS
291 OF THE AUTHORIZED GENERAL OBLIGATION INDEBTEDNESS OF SUCH DISTRICTS, EXISTING MILL
292 LEVIES OF SUCH DISTRICT SERVICING SUCH INDEBTEDNESS, AND THE POTENTIAL FOR AN
293 INCREASE IN SUCH MILL LEVIES.
294 In the event the Property is located within a special taxing district and Buyer desires to terminate this Contract as a
295 result, if written notice, by or on behalf of Buyer, is received by Seller on or before Off-Record Matters Objection
296 Deadline(§2.3),this Contract shall terminate. If Seller does not receive Buyer's notice by such deadline,Buyer accepts the
297 effect of the Property's inclusion in such special taxing district and waives the right to terminate for that reason.
298 8.5. Right to Object,Cure.Buyer's right to object shall include,but not be limited to,those matters listed in§ 13.
299 If Seller receives notice of unmerchantability of title or any other unsatisfactory title condition or commitment terms as
300 provided in §§ 8.1,8.2, 8.3 and 8.4, Seller shall use reasonable efforts to correct said items and bear any nominal expense to
301 correct the same prior to Closing. If such unsatisfactory title condition is not corrected to Buyer's satisfaction on or before
302 Closing, this Contract shall terminate; provided, however, Buyer may, by written notice received by Seller on or before
303 Closing,waive objection to such items.
304 8.6. Right of First Refusal or Contract Approval. If there is a right of first refusal on the Property,or a right to
305 approve this Contract, Seller shall promptly submit this Contract according to the terms and conditions of such right. If the
306 holder of the right of first refusal exercises such right or the holder of a right to approve disapproves this Contract, this
307 Contract shall terminate. If the right of first refusal is waived explicitly or expires, or the Contract is approved,this Contract
308 shall remain in full force and effect. Seller shall promptly notify Buyer of the foregoing. If expiration or waiver of the right
309 of first refusal or Contract approval has not occurred on or before Right of First Refusal Deadline (§2.3), this Contract
3 shall terminate.
3 8.7. Title Advisory. The Title Documents affect the title, ownership and use of the Property and should be
312 reviewed carefully. Additionally, other matters not reflected in the Title Documents may affect the title,ownership and use
No.CBSI-S-07. CONTRACT TO BUY AND SELL REAL ESTATE(ALL TYPES OF PROPERTIES) Page 6 of 16
WITH CLOSING INSTRUCTIONS initial
313 ' of the Property, including without limitation, boundary lines and encroachments, area, zoning, unrecorded easements and
314 claims of easements, leases and other unrecorded agreements, and various laws and governmental regulations concerning
315 land use, development and environmental matters. The surface estate may be owned separately from the underlying
316 mineral estate,and transfer of the surface estate does not necessarily include transfer of the mineral rights or water
a rights. Third parties may hold interests in oil, gas, other minerals, geothermal energy or water on or under the
3W Property,which interests may give them rights to enter and use the Property. Such matters may be excluded from or
319 not covered by the title insurance policy.Buyer is advised to timely consult legal counsel with respect to all such matters as
320 there are strict time limits provided in this Contract (e.g., Title Objection Deadline [§2.3] and Off-Record Matters
321 Objection Deadline [§2.3]).
322
323 9. LEAD-BASED PAINT. Unless exempt, if the improvements on the Property include one or more residential
324 dwellings for which a building permit was issued prior to January I, 1978, this Contract shall be void unless a completed
325 Lead-Based Paint Disclosure (Sales) form is signed by Seller and the required real estate licensees, which must occur prior
326 to the parties signing this Contract. Buyer acknowledges timely receipt of a completed Lead-Based Paint Disclosure(Sales)
327 form signed by Seller and the real estate licensees.
328
329 10. PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY, BUYER DISCLOSURE AND
330 SOURCE OF WATER.
331 10.1. Seller's Property Disclosure Deadline. On or before Seller's Property Disclosure Deadline(§2.3), Seller
332 agrees to deliver to Buyer the most current version of the Colorado Real Estate Commission's Seller's Property Disclosure
333 form completed by Seller to the best of Seller's actual knowledge,current as of the date of this Contract.
334 10.2. Inspection Objection Deadline. Buyer shall have the right to have inspections of the physical condition of
335 the Property and Inclusions, at Buyer's expense. If the physical condition of the Property or Inclusions is unsatisfactory in
336 Buyer's subjective discretion, Buyer shall,on or before Inspection Objection Deadline(§2.3):
337 10.2.1. notify Seller in writing that this Contract is terminated, or
338 10.2.2. deliver to Seller a written description of any unsatisfactory physical condition which Buyer requires
339 Seller to correct(Notice to Correct).
340 If written notice is not received by Seller on or before Inspection Objection Deadline(§2.3),the physical condition
341 of the Property and Inclusions shall be deemed to be satisfactory to Buyer.
3 10.3. Inspection Resolution Deadline. If a Notice to Correct is received by Seller and if Buyer and Seller have not
3 agreed in writing to a settlement thereof on or before Inspection Resolution Deadline(§2.3),this Contract shall terminate
344 one calendar day following Inspection Resolution Deadline(§ 2.3),unless before such termination Seller receives Buyer's
345 written withdrawal of the Notice to Correct.
346 10.4. Damage, Liens and Indemnity. Buyer, except as otherwise provided in this Contract, is responsible for
347 payment for all inspections, tests, surveys, engineering reports, or any other work performed at Buyer's request(Work)and
348 shall pay for any damage which occurs to the Property and Inclusions as a result of such Work. Buyer shall not permit
349 claims or liens of any kind against the Property for Work performed on the Property at Buyer's request. Buyer agrees to
350 indemnify, protect and hold Seller harmless from and against any liability, damage, cost or expense incurred by Seller and
351 caused by any such Work, claim, or lien. This indemnity includes Seller's right to recover all costs and expenses incurred
352 by Seller to defend against any such liability, damage, cost or expense, or to enforce this section, including Seller's
353 reasonable attorney and legal fees.The provisions of this section shall survive the termination of this Contract.
354 10.5. Insurability. This Contract is conditioned upon Buyer's satisfaction, in Buyer's subjective discretion, with
355 the availability, terms and conditions of and premium for property insurance. This Contract shall terminate upon Seller's
356 receipt, on or before Property Insurance Objection Deadline (§2.3), of Buyer's written notice that such insurance was
357 not satisfactory to Buyer. If said notice is not timely received, Buyer shall have waived any right to terminate under this
358 provision.
359 10.6. Buyer Disclosure. Buyer represents that Buyer ❑ Does ® Does Not need to sell and close a property to
360 complete this transaction.
361 Note: Any property sale contingency should appear in Additional Provisions(§ 25).
362 10.7. Source of Potable Water (Residential Land and Residential Improvements Only). Buyer O Does
363 ® Does Not acknowledge receipt of a copy of Seller's Property Disclosure or Source of Water Addendum disclosing
364 the source of potable water for the Property. Buyer ❑ Does ® Does Not acknowledge receipt of a copy of the current
365 well permit. ❑There is No Well.
366 Note to Buyer: SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE
367 GROUND WATER. YOU MAY WISH TO CONTACT YOUR PROVIDER (OR INVESTIGATE THE
a DESCRIBED SOURCE) TO DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER'S WATER
3,1/ SUPPLIES.
370
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371 ' 11. METHAMPHETAMINE LABORATORY DISCLOSURE (Residential Property Only). The parties
372 acknowledge that Seller is required to disclose whether Seller knows that the Property, if residential,was previously used as
373 a methamphetamine laboratory.No disclosure is required if the Property was remediated in accordance with state standards
374 and other requirements are fulfilled pursuant to §25-18.5-102, C.R.S. Buyer further acknowledges that Buyer has the right
to engage a certified hygienist or industrial hygienist to test whether the Property has ever been used as a methamphetamine
31� laboratory. If Buyer's test results indicate that the Property has been used as a methamphetamine laboratory, but has not
377 been remediated to meet the standards established by rules of the State Board of Health promulgated pursuant to §25-18.5-
378 102, C.R.S., Buyer shall promptly give written notice to Seller of the results of the test, and Buyer may terminate this
379 Contract.
380
381 12. CLOSING. Delivery of deed from Seller to Buyer shall be at closing (Closing). Closing shall be on the date
382 specified as the Closing Date (§ 2.3) or by mutual agreement at an earlier date. The hour and place of Closing shall be as
383 designated by Title Company, Buyer and Seller.
384
385 13. TRANSFER OF TITLE. Subject to tender or payment at Closing as required herein and compliance by Buyer with
386 the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient general warranty deed to
387 Buyer, at Closing,conveying the Property free and clear of all taxes except the general taxes for the year of Closing.Except
388 as provided herein, title shall be conveyed free and clear of all liens, including any governmental liens for special
389 improvements installed as of the date of Buyer's signature hereon, whether assessed or not. Title shall be conveyed subject
390 to:
391 13.1. those specific Exceptions described by reference to recorded documents as reflected in the Title Documents
392 accepted by Buyer in accordance with Title Review(§ 8.1),
393 13.2. distribution utility easements(including cable TV),
394 13.3. those specifically described rights of third parties not shown by the public records of which Buyer has actual
395 knowledge and which were accepted by Buyer in accordance with Matters Not Shown by the Public Records(§ 8.2)and
396 Survey Review(§ 8.3),
397 13.4. inclusion of the Property within any special taxing district,and
398 13.5. other none.
399
4� 14. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before Closing from
4 the proceeds of this transaction or from any other source.
402
403 15. CLOSING COSTS,DOCUMENTS AND SERVICES.
404 15.1. Good Funds. Buyer and Seller shall pay, in Good Funds, their respective Closing costs and all other items
405 required to be paid at Closing, except as otherwise provided herein.
406 15.2. Closing Information and Documents. Buyer and Seller will furnish any additional information and
407 documents required by Closing Company that will be necessary to complete this transaction. Buyer and Seller shall sign
408 and complete all customary or reasonably required documents at or before Closing.
409 15.3. Closing Services Fee. The fee for real estate Closing services shall be paid at Closing by O Buyer
410 O Seller ® One-Half by Buyer and One-Half by Seller O Other n/a.
411 15.4. Closing Instructions. The Colorado Real Estate Commission's Closing Instructions ® Are O Are Not
412 executed with this Contract. Upon execution, ® Seller ❑ Buyer shall deliver such Closing Instructions to the Closing
413 Company.
414 15.5. Status Letter and Transfer Fees. Any fees incident to the issuance of Association's statement of
415 assessments(Status Letter) shall be paid by O Buyer ❑ Seller O One-Half by Buyer and One-Half by Seller. Any
416 fees incident to the transfer from Seller to Buyer assessed by the Association (Association's Transfer Fee) shall be paid by
417 O Buyer ❑ Seller O One-Half by Buyer and One-Half by Seller.
418 15.6. Local Transfer Tax. ❑ The local transfer tax of n/a% of the Purchase Price shall be paid at Closing by
419 ® Buyer ❑ Seller O One-Half by Buyer and One-Half by Seller.
420 15.7. Sales and Use Tax. Any sales and use tax that may accrue because of this transaction shall be paid when due
421 by ❑ Buyer ® Seller O One-Half by Buyer and One-Half by Seller.
422
423 16. PRORATIONS. The following shall be prorated to Closing Date(§ 2.3),except as otherwise provided:
424 16.1. Taxes. Personal property taxes, if any, and general real estate taxes for the year of Closing, based on
425 O Taxes for the Calendar Year Immediately Preceding Closing 0 Most Recent Mill Levy and Most Recent
l4e Assessed Valuation ❑ Other
4 16.2. Rents. Rents based on ® Rents Actually Received O Accrued. Security deposits held by Seller shall be
428 credited to Buyer. Seller shall assign all leases to Buyer and Buyer shall assume such leases.
No.CBSI-8-07. CONTRACT TO BUY AND SELL REAL ESTATE(ALL TYPES OF PROPERTIES) Page 8 of 16
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429 16.3. Association Assessments. Current regular Association assessments and Association dues (Association
430 Assessments) paid in advance shall be credited to Seller at Closing. Cash reserves held out of the regular Association
431 Assessments for deferred maintenance by the Association shall not be credited to Seller except as may be otherwise
432 provided by the Governing Documents. Any special assessment by the Association for improvements that have been
installed as of the date of Buyer's signature hereon shall be the obligation of Seller. Any other special assessment assessed
prior to Closing Date (§2.3) by the Association shall be the obligation of 0 Buyer 0 Seller. Seller represents that the
435 Association Assessments are currently payable at $n!a per n/a and that there are no unpaid regular or special assessments
436 against the Property except the current regular assessments and n/a
437 Such assessments are subject to change as provided in the Governing Documents. Seller agrees to promptly request the
438 Association to deliver to Buyer before Closing Date(§2.3)a current Status Letter.
439 16.4. Other Prorations. Water and sewer charges, interest on continuing loan,and n/a.
440 16.5. Final Settlement. Unless otherwise agreed in writing,these prorations shall be final.
441
442 17. POSSESSION. Possession of the Property shall be delivered to Buyer on Possession Date at Possession Time
443 (§ 2.3), subject to the following leases or tenancies: none
444 If Seller, after Closing, fails to deliver possession as specified, Seller shall be subject to eviction and shall be
445 additionally liable to Buyer for payment of$200.00 per day (or any part of a day) from Possession Date and Possession
446 Time(§2.3)until possession is delivered.
447 Buyer 0 Does ® Does Not represent that Buyer will occupy the Property as Buyer's principal residence.
448
449 18. ASSIGNABILITY AND INUREMENT. This Contract ® Shall 0 Shall Not be assignable by Buyer without
450 Seller's prior written consent. Except as so restricted, this Contract shall inure to the benefit of and be binding upon the
451 heirs,personal representatives, successors and assigns of the parties.
452
453 19. INSURANCE; CONDITION OF, DAMAGE TO PROPERTY AND INCLUSIONS AND WALK-
454 THROUGH. Except as otherwise provided in this Contract, the Property, Inclusions or both shall be delivered in the
455 condition existing as of the date of this Contract,ordinary wear and tear excepted.
456 19.1. Casualty Insurance. In the event the Property or Inclusions are damaged by fire or other casualty prior to
457 Closing in an amount of not more than ten percent of the total Purchase Price, Seller shall be obligated to repair the same
4 before Closing Date (§ 2.3). In the event such damage is not repaired within said time or if the damage exceeds such sum,
4 this Contract may be terminated at the option of Buyer by delivering to Seller written notice of termination on or before
460 Closing. Should Buyer elect to carry out this Contract despite such damage,Buyer shall be entitled to a credit at Closing for
461 all insurance proceeds that were received by Seller (but not the Association, if any) resulting from such damage to the
462 Property and Inclusions, plus the amount of any deductible provided for in such insurance policy. Such credit shall not
463 exceed the Purchase Price. In the event Seller has not received such insurance proceeds prior to Closing,then Seller shall
464 assign such proceeds at Closing, plus credit Buyer the amount of any deductible provided for in such insurance policy,but
465 not to exceed the total Purchase Price.
466 19.2. Damage, Inclusions and Services. Should any Inclusion or service (including systems and components of
467 the Property, e.g. heating, plumbing, etc.) fail or be damaged between the date of this Contract and Closing or possession,
468 whichever shall be earlier,then Seller shall be liable for the repair or replacement of such Inclusion or service with a unit of
469 similar size, age and quality, or an equivalent credit, but only to the extent that the maintenance or replacement of such
470 Inclusion, service or fixture is not the responsibility of the Association, if any, less any insurance proceeds received by
471 Buyer covering such repair or replacement. Seller and Buyer are aware of the existence of pre-owned home warranty
472 programs that may be purchased and may cover the repair or replacement of such Inclusions. The risk of loss for damage to
473 growing crops by fire or other casualty shall be borne by the party entitled to the growing crops as provided in § 3.1.7 and
474 such party shall be entitled to such insurance proceeds or benefits for the growing crops.
475 19.3. Walk-Through and Verification of Condition. Buyer, upon reasonable notice, shall have the right to walk
476 through the Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this
477 Contract.
478
479 20. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document, Buyer and Seller
480 acknowledge that the respective broker has advised that this document has important legal consequences and has
481 recommended the examination of title and consultation with legal and tax or other counsel before signing this Contract.
482
483 21. TIME OF ESSENCE,DEFAULT AND REMEDIES. Time is of the essence hereof. If any note or check received
1. as Earnest Money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any
obligation hereunder is not performed or waived as herein provided,there shall be the following remedies:
486 21.1. If Buyer is in Default:
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487 O 21.1.1. Specific Performance. Seller may elect to treat this Contract as canceled, in which case all Earnest
488 Money (whether or not paid by Buyer) shall be forfeited by Buyer, paid to Seller and retained by Seller; and Seller may
489 recover such damages as may be proper; or Seller may elect to treat this Contract as being in full force and effect and Seller
490 shall have the right to specific performance or damages,or both.
4 ® 21.1.2. Liquidated Damages. All Earnest Money (whether or not paid by Buyer) shall be forfeited by
4� Buyer, paid to Seller, and retained by Seller. Both parties shall thereafter be released from all obligations hereunder. It is
493 agreed that the Earnest Money specified in§4.1 is LIQUIDATED DAMAGES,and not a penalty,which amount the parties
494 agree is fair and reasonable and (except as provided in §§ 10.4, 19, 21.3, 22 and 23), said forfeiture shall be SELLER'S
495 SOLE AND ONLY REMEDY for Buyer's failure to perform the obligations of this Contract. Seller expressly waives the
496 remedies of specific performance and additional damages.
497 21.2. If Seller is in Default: Buyer may elect to treat this Contract as canceled, in which case all Earnest Money
498 received hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect to treat
499 this Contract as being in full force and effect and Buyer shall have the right to specific performance or damages,or both.
500 21.3. Cost and Expenses. In the event of any arbitration or litigation relating to this Contract, the arbitrator or
501 court shall award to the prevailing party all reasonable costs and expenses, including attorney and legal fees.
502
503 22. MEDIATION. If a dispute arises relating to this Contract, prior to or after Closing, and is not resolved,the parties
504 shall first proceed in good faith to submit the matter to mediation. Mediation is a process in which the parties meet with an
505 impartial person who helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions.
506 The parties to the dispute must agree before any settlement is binding. The parties will jointly appoint an acceptable
507 mediator and will share equally in the cost of such mediation. The mediation,unless otherwise agreed, shall terminate in the
508 event the entire dispute is not resolved within 30 calendar days of the date written notice requesting mediation is delivered
509 by one party to the other at the party's last known address. This section shall not alter any date in this Contract, unless
510 otherwise agreed.
511
512 23. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder shall release the
513 Earnest Money as directed by written mutual instructions, signed by both Buyer and Seller. In the event of any controversy
514 regarding the Earnest Money (notwithstanding any termination of this Contract), Earnest Money Holder shall not be
515 required to take any action. Earnest Money Holder, at its option and sole discretion, may (1) await any proceeding, (2)
5� interplead all parties and deposit Earnest Money into a court of competent jurisdiction and shall recover court costs and
5 reasonable attorney and legal fees, or (3) provide notice to Buyer and Seller that unless Earnest Money Holder receives a
518 copy of the Summons and Complaint or Claim (between Buyer and Seller) containing the case number of the lawsuit
519 (Lawsuit) within 120 calendar days of Earnest Money Holder's notice to the parties, Earnest Money Holder shall be
520 authorized to return the Earnest Money to Buyer. In the event Earnest Money Holder does receive a copy of the Lawsuit,
521 and has not interpled the monies at the time of any Order,Earnest Money Holder shall disburse the Earnest Money pursuant
522 to the Order of the Court. The parties reaffirm the obligation of Mediation (§22).
523
524 24. TERMINATION. In the event this Contract is terminated, all Earnest Money received hereunder shall be returned
525 and the parties shall be relieved of all obligations hereunder,subject to §§ 10.4,22 and 23.
526
527 25. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real
528 Estate Commission.)
529
530 A. Closing on this property is contingent upon Buyer receiving all governmental approvals prior to closing for
531 Buyer's intended use of the property.
532
533 B. Buyer and Buyer's agents shall have access to the property at all times prior to closing to conduct all engineering
534 and testing necessary or required to obtain all necessary approvals. Buyer shall timely pay for all such testing
535 and shall indemnify and hold Seller harmless from any claims arising out of any testing performed by Buyer or
536 Buyer's agents on the property. Buyer shall return the property to its original condition to the extent reasonably
537 practical.
538
539 26. ATTACHMENTS. The following are a part of this Contract:
540
541 Closing Instructions, Affiliated Business form
5
5 Note: The following disclosure forms are attached but are not a part of this Contract: n/a
No.CBSl-8-07. CONTRACT TO BUY AND SELL REAL ESTATE(ALL TYPES OF PROPERTIES) Page 10 of 16
WITH CLOSING INSTRUCTIONS Initia
544* 27. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith, including but
545 not limited to exercising the rights and obligations set forth in the provisions of Financing Conditions and Obligations
546 (§ 5)and Property Disclosure,Inspection, Indemnity,Insurability,Buyer Disclosure and Source of Water(§ 10).
547
a 28. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL. This agreement constitutes the entire Contract
5IIII between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or written,have
550 been merged and integrated into this Contract. No subsequent modification of any of the terms of this Contract shall be
551 valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. Any obligation in this
552 Contract that,by its terms, is intended to be performed after termination or Closing shall survive the same.
553
554 29. FORECLOSURE DISCLOSURE AND PROTECTION. Seller acknowledges that, to Seller's current actual
555 knowledge, the Property O IS 0 IS NOT in foreclosure. In the event this transaction is subject to the provisions of the
556 Colorado Foreclosure Protection Act(the Act)(i.e.,generally the Act requires that the Property is residential,in foreclosure,
557 and Buyer does not reside in it for at least 1 year), a different contract that complies with the provisions of the Act is
558 required, and this Contract shall be void and of no effect unless the Foreclosure Property Addendum is executed by all
559 parties concurrent with the signing of this Contract. The parties are further advised to consult with their own attorney.
560
561 30. NOTICE,DELIVERY,AND CHOICE OF LAW.
562 30.1. Physical Delivery. Except for the notice requesting mediation described in §22, delivered after Closing, and
563 except as provided in § 30.2, all notices must be in writing. Any notice to Buyer shall be effective when physically received
564 by Buyer, any individual buyer, any representative of Buyer, or Brokerage Firm of Broker working with Buyer. Any notice
565 to Seller shall be effective when physically received by Seller, any individual seller, any representative of Seller, or
566 Brokerage Firm of Broker working with Seller.
567 30.2. Electronic Delivery. As an alternative to physical delivery, any signed document and written notice may be
568 delivered in electronic form by the following indicated methods only: ® Facsimile ® Email 0 No Electronic
569 Delivery. Documents with original signatures shall be provided upon request of any party.
570 30.3. Choice of Law. This Contract and all disputes arising hereunder shall be governed by and construed in
571 accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in this
572 state for property located in Colorado.
5
5 31. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal shall expire unless accepted in writing, by
575 Buyer and Seller, as evidenced by their signatures below,and the offering party receives notice of such acceptance pursuant
576 to § 30 on or before Acceptance Deadline Date(§2.3)and Acceptance Deadline Time(§2.3). If accepted,this document
577 shall become a contract between Seller and Buyer.A copy of this document may be executed by each party, separately,and
578 when each party has executed a copy thereof, such copies taken together shall be deemed to be a full and complete contract
579 between the parties.
580 6--22--of
Date:
Buyer's N e: Northern Colorado Disposal, Inc. by Don
Frei
Buyer's Signature
Address: 337 E. 8'h Street
Greeley,CO 80631
Phone No.: G - 35-3-9199t)
Fax No.:
Email Address:
581
582 (NOTE: If this offer is being countered or rejected,do not sign this document. Refer to§32]
583
Date:
S 's Nam Loy�^ll- irw,Inc. /
• C"/(V� C^� (XIS
Sell 's Signature
No.CBSI-9-07. CONTRACT TO BUY AND SELL REAL ESTATE(ALL TYPES OF PROPERTIES) Page 11 of 16 V"
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•
Address: 14332 CR 64
Greeley, CO 80634
• Phone No.:
Fax No.:
Email Address:
584
585 32. COUNTER; REJECTION. This offer is O Countered O Rejected.
586 Initials only of party(Buyer or Seller)who countered or rejected offer
587
588 END OF CONTRACT TO BUY AND SELL REAL ESTATE
589
590
591 BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE.
592 (To be completed by Broker working with Buyer)
593
594 Broker O Does O Does Not acknowledge receipt of Earnest Money deposit specified in §4 and,while not a party to the
595 Contract,agrees to cooperate upon request with any mediation concluded under§22.
596
597 Broker is working with Buyer as a O Buyer's Agent O Seller's Agent Z Transaction-Broker in this transaction.
598 O This is a Change of Status.
599
600 Brokerage Firm's compensation or commission is to be paid by ® Listing Brokerage Firm ❑ Buyer
601 ❑ Other n/a.
602
603
Date:
Brokerage Firm's Name: RE/MAX Alliance-FTC South
• Broker's Name: Ron Young,CCIM
Broker's Signature
4703-A Boardwalk Dr.,Ft. Collins,CO 80525
Address:
Phone No.: 970 226-3990
Fax No.: 970 278-4334
Email Address: n/a
604
605
606 BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE.
607 (To be completed by Broker working with Seller)
608
609 Broker ® Does ❑ Does Not acknowledge receipt of Earnest Money deposit specified in §4 and, while not a party to the
610 Contract,agrees to cooperate upon request with any mediation concluded under§22.
611
612 Broker is working with Seller as a O Seller's Agent Z Transaction-Broker in this transaction. ❑ This is a Change
613 of Status.
614
615 Brokerage Firm's compensation or commission is to be paid by ® Seller ❑ Buyer
616 ❑ Other n/a .
617
618
Date:
• Brokerage Firm's Name: Dragoo Realty
Broker's Name: Alan Dragoo '\
No.CBSI-8-07. CONTRACT TO BUY AND SELL REAL ESTATE(ALL TYPES OF PROPERTIES) Page 12 of 16 h i frCre
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Broker's Sign?
2500 Kechter Rd, Ft. Collins, CO 80528 ll
Address:
• Phone No.: 970 691-4821
Fax No.: 970 506-9710
Email Address:
619
620
•
•
No.CBSI-8-07. CONTRACT TO BUY AND SELL REAL ESTATE(ALL TYPES OF PROPERTIES) Page 13 of 16 ►! R �f
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621'
622
623 The following Closing Instructions are not a part of the Contract to Buy and Sell Real Estate
624
0 The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.
(CL8-8-07)(Mandatory 1-08)
627
628 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX
629 OR OTHER COUNSEL BEFORE SIGNING.
630
631 CLOSING INSTRUCTIONS
632
633 Date:May 22, 2008
634
635 1. PARTIES,PROPERTY. Lowell-Paul Dairy, Inc., Seller,and Northern Colorado Disposal, Inc. and/or assigns ,
636 Buyer, engage ,Closing Company,who agrees to provide closing and settlement services
637 in connection with the Closing of the transaction for the sale and purchase of the Property
638 known as No. O W 59th N Ave, Greeley, CO 80634 ,
639 Street Address, City, State,Zip
640 and more fully described in the Contract to Buy and Sell Real Estate, dated May 22, 2008 including any counterproposals
641 and amendments(Contract).
642
643 2. INFORMATION, PREPARATION. Closing Company is authorized to obtain any information necessary for the
644 Closing. Closing Company agrees to prepare, deliver, and record those documents (excluding legal documents) that are
645 necessary to carry out the terms and conditions of the Contract.
646
647 3. CLOSING FEE. Closing Company will receive a fee not to exceed $250.00 for providing these closing and
648 settlement services.
649
650 4. RELEASE, DISBURSEMENT. Closing Company is not authorized to release any signed documents or things of
65 value prior to receipt and disbursement of Good Funds,except as provided in§§ 8 and 9.
6 5. DISBURSER. Closing Company shall disburse all funds, including real estate commissions, except those funds as
654 may be separately disclosed in writing to Buyer and Seller by Closing Company or Buyer's lender on or before Closing.
655 All parties agree that no one other than the disburser can assure that payoff of loans and other disbursements will actually
656 be made.
657
658 6. SELLER'S NET PROCEEDS. Seller will receive the net proceeds of Closing as indicated:
659 ❑ Cashier's Check, at Seller's expense ❑ Funds Electronically Transferred (wire transfer)to an account specified by
660 Seller, at Seller's expense ® [Closing Company's trust account check.
661
662 7. CLOSING STATEMENT. Closing Company will prepare and deliver an accurate, complete and detailed closing
663 statement to Buyer and Seller at time of Closing.
664
665 8. FAILURE OF CLOSING. If Closing or disbursement does not occur on or before Closing Date set forth in the
666 Contract,Closing Company,except as provided herein,is authorized and agrees to return all documents,monies,and things
667 of value to the depositing party, upon which Closing Company will be relieved from any further duty, responsibility or
668 liability in connection with these Closing Instructions. In addition, any promissory note, deed of trust or other evidence of
669 indebtedness signed by Buyer shall be voided by Closing Company, with the originals returned to Buyer and a copy to
670 Buyer's lender.
671
672 9. EARNEST MONEY DISPUTE. Closing Company shall comply with the provisions of § 23 of the Contract
673 incorporated herein by reference.
674
675 10. SUBSEQUENT AMENDMENTS. Any amendments to, or termination of, these Closing Instructions must be in
676 writing and signed by Buyer, Seller and Closing Company.
677
660 11. 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
680 not be a Colorado resident after Closing. Seller should inquire of Seller's tax advisor to determine if withholding applies or
681 if an exemption exists.
No.CBSI-8.07. CONTRACT TO BUY AND SELL REAL ESTATE(ALL TYPES OF PROPERTIES) Page 14 of 16
WITH CLOSING INSTRUCTIONS Initial
682'
683 12. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real
684 Estate Commission.)
685
646 nth
688
689 13. COUNTERPARTS. This document may be executed by each party, separately, and when each party has executed
690 a copy,such copies taken together shall be deemed to be a full and complete contract between the parties.
691
692 14. BROKER'S COPIES. Closing Company shall provide, to each broker in this transaction, copies of all signed
693 documents that such brokers are required to maintain pursuant to the rules of the Colorado Real Estate Commission.
694
695 15. NOTICE,DELIVERY AND CHOICE OF LAW.
696 15.1. Physical Delivery. Except as provided in § 15.2, all notices must be in writing. Any notice to Buyer shall be
697 effective when physically received by Buyer, any individual buyer, any representative of Buyer, or Brokerage Firm of
698 Broker working with Buyer. Any notice to Seller shall be effective when physically received by Seller, any individual
699 seller, any representative of Seller, or Brokerage Firm of Broker working with Seller. Any notice to Closing Company
700 shall be effective when physically received by Closing Company, any individual of Closing Company, or any
701 representative of Closing Company.
702 15.2. Electronic Delivery. As an alternative to physical delivery, any signed documents and written notice may be
703 delivered in electronic form by the following indicated methods only: 0 Facsimile ® E-mail 0 No Electronic
704 Delivery. Documents with original signatures shall be provided upon request of any party.
705 15.3. Choice of Law. This contract and all disputes arising hereunder shall be governed by and construed in
706 accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in this
707 state for property located in Colorado.
708 709 5'22-Or
Date:
Buyer's N/fc .
e: Northern Colorado Disposal, Inc., by Don
iii Frei
PUCS1of
Buyer's Signature
Address: 337 E. 8`h Street
Greeley, CO 80631
PhoneNo.: `I iy0-3jSf'7 OtV
Fax No.:
Email Address:
710 ---
Date:
Selle s l: e: Lo -'L-P1 rte' Inc.
aril
Seller's Signature
Address: 14332 CR 64
Greeley, CO 80634
Phone No.:
Fax No.:
Email Address:
711
Date:
• Closing Company's Name:
ti
No.CBSI-8-07. CONTRACT TO BUY AND SELL REAL ESTATE(ALL TYPES OF PROPERTIES) Page 15 of 16
WITH CLOSING INSTRUCTIONS Initial
Authorized Signature Title
Address:
0 Phone No.:
Fax No.:
Email Address:
712
713 (TO BE COMPLETED ONLY BY BROKER AND CLOSING COMPANY)
714
715
716 Ron Young, CCIM (Broker) ❑ Working with Seller Z Working with Buyer, engages Closing Company as Broker's
717 scrivener to complete, for a fee not to exceed$ , at the sole expense of Broker, the
718 following legal documents:
719 ® Deed ❑ Bill of Sale ❑ Colorado Real Estate Commission approved Promissory Note ❑ Colorado Real Estate
720 Commission approved Deed of Trust. Closing Company agrees to prepare, on behalf of Broker, the indicated legal
721 documents pursuant to the terms and conditions of the Contract.
722
723 The documents stated above shall be subject to Broker's review and approval and Broker acknowledges that Broker is
724 responsible for the accuracy of the above documents.
725
726
Date:
Brokerage Firm's Name: RE/MAX Alliance-FTC South
Broker's Name: Ron Young, CCIM
Broker's Si ure
Date: Sr- z 2Z—OU-
0 Closing Company's Name:
Authorized Signature Title
727
728 M:W0789\007\ContractLowell..doc
•
No.CBSI-8-07. CONTRACT TO BUY AND SELL REAL ESTATE(ALL TYPES OF PROPERTIES) Page 16 of 16 V' C—
WITH CLOSING INSTRUCTIONS Initial
CERTIFICATE OF CONVEYANCES WELD COUNTY
• STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
Land Title Order No.: LOWELL-PAUL
The Land Title Guarantee Company TITLE INSURANCE or ABSTRACT COMPANY hereby
certifies that it has made a careful search of its records, and finds the following conveyances
affecting the real estate described herein since August 30, 1972, and the most recent deed recorded
prior to August 30, 1972.
Legal Description: See Attached Exhibit"A"
CONVEYANCES (if none appear, so state):
Book 1592 , Page 435
Reception No. 1831230 , Book 909
Reception No. 2145839 , Book 1200
Reception No. 2145840 , Book 1200
This Certificate is made for the use and benefit of the Department of Planning Services of Weld
County, Colorado.
This Certificate is not to be construed as an Abstract of Title, nor an opinion of Title, nor a
• guarantee Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee
paid for this Certificate.
It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by
its proper officer this 5`h day of June, 2008 at 5:00 o'clock P.M.
LAND TITLE GUARANTEE COMPANY
By: / U t•• r
Kerri Allison
Title Examiner
•
EXHIBIT "A"
•
LOT A OF RECORDED EXEMPTION NO. 0805-33-1-RE449
BEING A PART OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 6
NORTH, RANGE 66 WEST OF THE 6TH P.M., WELD
COUNTY, COLORADO AS PER MAP RECORDED JULY 25,
1980 IN BOOK 909 AS RECEPTION NO. 1831230, SUBJECT
TO THE BURDENS AND BENEFITS OF A COMMON
DRIVEWAY EASEMENT COMMON TO LOTS A AND B OF
SAID RECORDED EXEMPTION, COUNTY OF WELD,
STATE OF COLORADO.
_ • . .
5
.. � If ' .f'7 •
AUG2J 1961
i.
WARRANTY Ui.FD..c We. 1L`a't LI 12. Am Soma...aa.nri..
• filth( ALL Ar.24 et .fHFSL Fh1Sr I , met CIIAIl.5 NTT col w.1J9tT,i HOYT
1-:
of the County of '.field a,,d State of Colorado, for the rnu niourn Li an of"mi rolls rs
:t& in hand paid, nerebv sell and convey to ilkmeld h. COLLUI.S and t. ih D. COL:.:'.:.
\` of the County of ',kid and State of Colorado, to pass not in t+:nancy in common
but in joint tenancy, the survivor of t:em, their asairns and toe ncirs and
� .ssirns of such s:rv-vor forever, AN -UNDI:IJttd TWO liILIDS 11.T At..5.f, and to ;t:
..�, DAttf.:1.T. COLLINS, AN UiDI?IUFJ OHt TiU1tir IH'ftr}tkST, in and to:too following real N•
v ,.rnaerty, aittate in the County of Weld ar.0 State of Culoran ql to-wit:
1 - The ;•c., of the ut; of Section 3t, Township 6 North, h"npi 66 `
Neat of too •a L h ? . , excepting therefrom a parcel of land V^
in tha •:orthwest corner Lhereof described as tollotr', to-vi tt G•
11rtumr.•:p1- at the nortnw..-t corner of L'he iL of LhC it, of
. y, aa_d Section 3s, running thence Last 175 feet along; the North
lire of said tract; thence South to toe right of way of the
Colorado and Southern hallway; thence West along the north line
t •
. ,1, of said right of way running in a northwesterly course to the
,,, west line of the above described tract; tnencn North along toe
. :lest line of said tract to the 71r:a of beginning, and except. Ag
'.
. cor.t.' a parcel alning .2� acres, more or less, conveyed to um
Great '-lesrern Sugar Company by deed recorded in nook 912, page
311P.. Weld Cuu::ty decords.
1? ;0 III
Also :ereby conveying, the Thompson Irrigation Well, pump, III
• motor and all appliances con:.ected and used tiherewit.i 'ma
Subterrar.aan 'iacer Pr ority t.o. 16u 5..1, for one cubic foot
• of water i:er sucond of tins pursu•.nt to Jcc:eem:
Lncrefor in
Cause ;:a. '_1717 of the District Court of Latimer :runty, _- • •�•••
Col:ra:o, dated September lu, 19'53, and all other water rig..ts �
• now used or. sa d premises, nstedver toe save roe
be evide:iced, ,
• e together t:ith all ri.htt, however eviuenced, in dittoes and
laterals co:I . ectud with said ion:: and used to carry water to d, , ,,,,
K, and antra'. said lands, and all the right, title a:,d interest of
F'
grantors in n;ro ta toe scnlnre water flowing from tor. soot:cant
corner cf the W. if the Sr4 of Station 23, in Tow:isn!p t. ;girth, ."" "'P.
f. 3an;e 66 'est of the /5th ?.o. • e -
• • C ::..CL"?Yfiir., however, an tnavided one-nalf interest in arid to _ t.
t, ti • •l the nil, gas and other minerals in and moor and aaat .aay be In .. VI
• '
- :.td;:ce1 from toe above lescrihed ;.ro:.rty as Aerator:re
L. A • to erred i r. decd ^ec•aeed :n Boole l0!2, pare 127 of tar :k.c
(E(' ":; - 3 :...u, 1. :tennis,
I' with all :t.; ,':purte::ones, r•ai warrant t::e t:t1e to t.e sn.tu, .:n`.,:ect. to
re.:en•,tiu:.s ccnt,L••ed in ie:ited Staten Patent, inclusion :::sec me
-I or her:: Coll redo net Cal'servo-,^t :h:a Exsct, first Gro..te: a-n1 Cx.s2rv,tior.
ai.:tr!^t, r_r....*.t:. of •.,y far '::wa1e7 salt lake n:.2 raeific .tai_:,. • :;o1.cs;.;:,
:01 • t d4yo.tirr 'has CO...alt, dolcra.ic [uwrst,te .iaa 1 o..Ft.:: amts oil :c . I. a
Ica of rsc rt:, 1_r ,:Lv. 70.
7. Se
.. •
.i.;road ani delivered L:us iht: matt of ur u5t, , . a. _,7ni. ro
,..
(5.
F . 8/I4.14 - srJ rs ...•4.L) F+
1 leI ei lint/ r
• O
..:t.It ..F ::JUtw.. ) ?✓1 '/4 • .. / (ur.L)
us. 3t .n,nth °ottis
. CntrIty of 'I-:a J
-.':d f Inv::•'tilt: r itr,w.•nt 'eau ,c'\,.e' .d1,'d 'ti•forl• ...• _.... ..t•
• ,us .. 'of I...•r. t, : 161, •y •n' rr 1 Lt and -.1 .obey: III‘‘.
r.7 C et:!r,. ; -toe••• :, :•1.
�.JA�,• l: •( 1 Gams . .
/ ' •
:ioual•. r•.`,iV
it
3 {
RECORDED EXEMPTION N2 0805-33- 1- RE 449
1831230 04(• 909 -Legal_Ueseription .;t -4 es
Pact of the Northeast Quarter of the Northeast Quarter (NE`., NE,) of o
9
}
Sect';o❑ 33, Township 6 North. 'Range Wt of the 6th bP.M. . fCounty
ntyso Gf I l$.
I
'Weld. State of Colorado being �inore particularly
Beginning at the Northeast corner of said Section 33. and considering the
north line of said Section 33 as bearing South 88° 52' 32" West v`ith all
other bearings contained herein relative thereto;
Thence South :i8 52'32" West along said north line of Section 31,1145, .98offeet,
Thence South 01° 0/126" East, 255.52 feet to the north Right-of-Wey
the Colorado Southern Railroad;
Thence South 75°05'54' East, along said north Right-of-way line. 1180.45 feet,
to a point on the east line of said NEU NE',;
Thence North 00°00'00" East, along said east line, 581.52 feet ,to the Point
of Beginning.
Said described parcel of land contains 10.976 acres. more or les, And is
subject to any rights-of-way or other easements as granted or reserved by
instruaPents of record or as now existing on said described parcel of lano.
r
Surveyor'`. Certificate
I hereby certify tr.at this plat was prepared under my supervision; and that
•
the same is correct to the best of my knowledge and belief. I
Jape r--se - :'
Co 'ra . P.E. & L.S. No. 44-1.2;:: 4
• proper Owners Approval .'
we, Edna D. :.oilins and Darryl T. Collins, being the sole owners in fe2'•Of•o'''°
the above described property do hereby subdivide the same as shown on the
attached map.
fdna D. Collins;Omner Darry T. Collins/Owner
The foregoing certification wasacknowl960. tress beforemy me
thseal .
day of --�.`---
�._riviss - • --- NotaryPublj
F1y,(ommission Expires
s` Planning Comruission Certificate
,
' , The.accompanying plat is accepted and approved for fiTMng.,/
Chairman, Board of County Commissioners
ATTEST: COUNTY CLERK ' _______ ^/ /5761Faarille) Oepufy County Lora
DATED__-_ f �i ��(ii)
i
'` ,/rats'
..' rrt 0 •
1831230 ,t,
, r
r. u -
RECORDED EXEMPTION N°0805-33- I - RE 449
.v6 Coiner.
u Sec.7J_6-G
///.!s, ._ /310 Y8 i �� .92
/ c.. ro!6 //•ls YIB'�• _4-
- "'Az Yr✓OC rear'Se'n''w Le7/4' 4 —� �-" Seta'at-w. s/✓,el• r
r>t—. t 1 4,r-C....wen d:✓lray 1}4 ,
1L '01 ...en/'
i 4 t r,i 1- yr it is .
Nti 0.916'Ac. NU
$ �� ¢,9TG ryes ti r
. Q LOT A
,v;;;.,,_ \ �Y 0 -
eey:.. hry 0 :rAnes M
s
�_�--,-..5.--vgs�•e N O
e _ .off` e„se. a h AN
8
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4t V .
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lam! 4/0"-C.S.
,!ef,y-ia vv,enet Prsse..'friar rG /9®0 .
Z. 6)'/$/F:, olive✓y enif"� 4o.rce . RJ wC .3/ . ..
Is .46e /'ew.o✓ea/
O/✓ittFiPS:
EDN/.' D. cV44/NS 1 -
J>ARR/'L T tcdl/NS
ti .J"9/S Ar!r R.l.3/
g 28 27 se z 6{! COL". 8063/
i ,R.A
\., G•R/6.e `---__ FnrnerS .
I —-
ill
1
P P0UDRt
cn cNo
xirF
,
't 33 34
32 x 1\34, I
I
NEc/n r
o Sec. -Gt1
O✓GCsr G..P/6 /320.t8 [ ^�,�.
-- sn r•rr' -..- sane'71"F/ ‘e 7/-1' I y '-v Sarre.32-A.. S/J o'4' -✓r
n's:01• f 4 r-<..saree dr;✓twey k
. 1� resrwr..t I
4 e /....:78 u' zs' N 0.nc Mr. %V
i h Iq .Q 97a e wens h m•
�:
.4"I.
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L' vg 3'`�E' csz J.:1
o =msso�� ��: CeS' S�4 f- �
eon rr'9s` 1\II
/✓
fi
,./c.
/ !ef p"zf ✓9I ifnlP /lasted.Mir 2/, /9B0
'. Et.'s%M d,,'✓errar !/l✓/'/.r re 60. hie An/.
i5 4 Jr r`P..ro UP./
/rrrh•/"cosy'
IO/s/ilrF✓PS
EIN/,4 D. LOLL/NS }L •
JJAR.PYL T leeL/NS
ti i -_ 3O9/S der Rate-9/
29 �5 a 28 27 G-PE"FLE{! COLD. BOL3/
t c..4/6f
Fsn^ers
I
POuppf
t.
:\t'.
off
"ic4
r m 3
32 33
1
GRs«,rY r
9 -
ce 9I Vy�Cn.p/6j.
_— II
T.6 N. ..„77,4I
'1`
-- T. 5 N- -- ---- 3
4 ��.
5
V./C/N/7 Y MAP
-- .rro%•/•%WO' /V'6/d4
LAND SURVEYORS
OTTO & CULVER a Pie Saul Capmztron
—
_.
.0 . :22 $3.00• 8 1200 REC F 0745 MARY O ANN S FEUERSTEIN/CLERKO 1/001
& RECORDER WELD CO, CO
AR2145B39
• PERSONAL REPRESENTATIVES DEED
THIS DEED is made by DARRYL T. COLLINS AS PERSONAL REPRESENTATIVE OF THE ASED,ESTATE OF
ColoradoNcorrporationS whose E address r is tor to 14332 WeldLL PAUL DAIRY,
bounty Road
64, Greeley, Colorado 80634, Grantee.
WHEREAS, the above named decedent in her lifetime made and executed her
_ Last Will and Testatment dated February 28, 1980 which will was duly
admitted to Probate on February 19, 1988, by the District Court, Weld
County Colorado, Probate No. 88 PR 68;
WHEREAS, Grantor was duly appointed Personal Representative of said
estate on February 19, 1988, and now is qualified and acting in said
capacity;
WHEREAS, Grantee is not the spouse, agent or attorney of Grantor or any
corporation or trust in which Grantor has a beneficial interest.NO on Article
12[, Section of the Colorado robate Code, and for the
THEREFORE,71 r nt to the ower Po conferred
p Grantor
coo ideration••
. of $43,333.33, Grantor real County,and orado:
conveys to the Grantee the following
An undivided two-thirds interest in
Lot A of Recorded Exemption No. 0805-33-1-RE449 being a part of Section 33,Wthe EestN ofl the 6thhP.M. ,1/4 Weld f County, Coloradon l 66
as per map recorded
July 25, 1980 in Book 909 as Reception No. 1831230, subject to
LotsbAr ands B a of said recorded its of a common driveway recorded exemption as shown one nt common to
said map.
Also hereby conveying the Thompson Irrigation Well, pump, motor
and all appliances connected and used therewith and Subterranean
Water Priority No. 160 S.W. for one cubic foot of water per second
of time pursuant to Decree therefore in Cause No. 11217 of the
District Court of Larimer County, Colorado, dated September 10,
1953, and all other water rights now used on said premises,
however the same may be evidenced, together with all rights,
however evidenced, in ditches and laterals connected with said
land and used to carry water to and upon said lands, and all the
right, title and interest of grantors in and to the seepage water
flowing from the southeast corner of the W 1/2 of the SE 1/4 of
Section 28, in Township 6 North, Range 66 West of the 6th P.M.
commonly known as 30951 Weld County Road 31, Greeley, Colorado
80634.
with all appurtenances, subject to exceptions, reservations, covenants,
conditions and restrictions of record, rights of way and easements
created
by instruments
record or established on the premises, and
the 1988 taxes payable in 1989.
Executed 7,,.,o t7_ , 1988. /��aZ� ,,
State Docunenlary Fey LiwM�j'✓ //J� /J// '
ate My.�.1 REPRESENTATIVEDARRYL T.C NOF�ESTATE OF
ONAL
MSILI '� EDNA D. COLLINS, DECEASED
4 STATE OF New Mexico )
) ss.
• (-1- COUNTY OF Lincoln )
D
� The foregoing instrument was acknolwedged before me this 17
day of June , 1988 by DARRYL T. COLLINS AS PERSONAL
REPRESENTATIVE OF THE ESTATE OF EDNA D. COLLINS, DECEASED. 7 �
My commission expires: Witnes l y hand ` irk fir CMISEAL •
June 6. 1992 / ( PAT CRAWF/(1
�:
io ,rui c =:oar r wits.NEW I.,EO,Co
NOIAM t.Oso file.,Ca:i,S: IATI OF 5TAT
My Comn:::icn E::plr
0
e
1ANk
B 1200 HEC 02145840 06/24/88 10:25 $3.00 1/001
Aft2145840
F 0746 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
_
c ..GWatratteDeed K«Im.
TNis DEED is a conveyance of the reel properly denNC any below.Including y Im«aam otherNlaa ents a other epp
"property")from OFehldlridu.l(s),c«po„tiOnIM perinrthlp(R.or other ntlly(la)named Mo.a GRANTOR lathe IndwIMMUI
or entliyllal neared below as GRANTEE.
The GRANTOR hereby sells end conveys the properly to the GRANTEE and the GRANTOR wean„the Into lo the properly.
except for(I)the Ilan of the general properly taxes for the year of this deed,which m3 GRANTEE MN phi(2)any easements and
rights-ol-way shown of record 01 any patent reservations end exceptions(Reny«delending mineral Initiate shown of record(5)
any protective covenant.end resINcllom shown of record.end(AI say additional manor shown be under-AddlNpnal Warranty
• Excepline".
• The Specific Teee.e of This Deed Are: I IM pwll,r.«al«N wn, re this Deed to moms nemaleed„gt,tx'drearily
IOM n.melrland sad
b rwW.rc.IllM,peu.ee Stole Documentary Fee
Eealt CllNe«^d r^G ere Q
DARRYL T. COLLINS Doted INTOi1958
Box 345 $ _____21k.._—_
•
RuidOso, New Mexico 88345
Grin let. IoM NAA.1 e`d ed«..Nel:eelernenl of.drab.Including•••11•6411 rope Or WON number.el required.,
LOWELL-PAUL DAIRY, INC., A Colorado Corporation
' ( 14332 Weld County Road 64
Greeley, Colorado 80634
Fornl of Co-O.naFflb: ns�M«- Or d.grantee"
tne firenamed.
.xein°w.„ids lana6 to Naas in
ills eta below.)
in common union 1Mw.aa m• pre and ivlded one-third interest 1n
Propefly Deec l e (nmadec«mlyc5 euN) Lot A, Recorded Exemption No. Ra 0805ge-33-1-RE4t 49
being a part of the NL 1/4 NE 1/4 of Section
r33.cod July 65North,
Rangeo669Wests r the
0
rte, 6th Y.M., Weld County, Colorado, as per map
`- Reception 1831230, subject to the burdens and benefits of a common driveway basemen
-1kcommon to Lots A and B of said Recorded Exemption as shown on said map. Also hereby
the conveying the Thompson Irrigation Well pump, motor and all appliances connected and
used therewith and Subterranean Water Priority No. 160 S.W. for one cubic foot of
(-1 water Court of rLatimer of County, Colorado.pursuant to daDtedree September 10,n Cause No.1953. and 11217 of the
District .
q now used on said premises, however the same may be evidenced, together with all rights,
• water to and upon said lands. and all the right, title and Interest£ of grantor in and
V however evidenced, in ditches and laateralshconnected with said land and n used e to carry
to er• to,tie see epagepwaterr[l,winggfrom t€West e sout the s6th P.M.t r o the W o the SE1t o Section
Properly Address: 30951 Weld County Road 31, Greeley, Colorado 80634
iii yi
ConMdaetlon: IThe statement ol a(loiter amount le�nfed as a gift)m any cue Ibis c,merace la eaw«e ~ NEARS
sod a"endaNr's,1ilte „pee OMcon.n'm«N
Twenty line Thousand Six Hundred Sixty Six Dollars and67/100ths ($21,666.67)
Rameltpnt 51tMCRofet lathe ORANTbl armada la rend any Inle„el In i.e pr@pe.hy or to Mar laWM M ewrt or a the OA.NT011
N redacting the GRANTEES OEM In the Properly mete ep«adche i dabon.l• la
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a AddllIon..)Warranty Exeeptlom: 4Mlude epee re hat taro..toed end pee marten not cow,.Mare
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Mama at&elm corporation.Pwwrnp ss or AaNpan Darryl . Collins
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AIMS
• STATE OF COLORADO 1 se
UN day v
Ttleanegay Irye«ant ea Mnowledged before meads of
e1.WITNESS ley hand and •
My pew-rehMee eeaeC anklet war. gNyg Mao
STATE OF New Mexico 1 ea
• COUNTY OF Lincoln ) 17 My of June .n88
The y,aouy marry't was atnowledad Seers we mN
Eie DARRYL T. COLLINS p-�e ,LI CIar«
I•aM„meNlduNOrat«NI«NrMM OIe Corpote1b n n.PnareNp«eeaeWNn.lhanant t° t oftfli 'r�
..Nlem bee„Ivry al telaa.h:et a polaroid)of arta„lxp:se eUR«tRd N( + PAT CRAWFORD
WITNESS my nand and effete Na
My . 1992
mg eee.aNMIIaM nausea June 6, • it SE r.v or s.T at
My Commission Expires T
ela. ISAn,COAL FOR w (1 AAA
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