HomeMy WebLinkAbout20082603.tiff •
Kreps Wiedeman Auctioneers
& Real Estate, Inc.
2221 2nd Avenue
•
Greeley, CO 80631
Phone: 970-356-3943, Fax: 970-356-8344
The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.
(CBS 1-8-07)(Mandatory 1-08)
1
2 TiHS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER
3 COUNSEL BEFORE SIGNING.
4
5 CONTRACT TO BUY AND SELL REAL ESTATE
6 (ALL TYPES OF PROPERTIES)with Closing Instructions
7
8 Date: April 07. 2008
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,
Noble Energy, Inc.
13
14 will take title to the real property described below as O Joint Tenants ❑Tenants In Common ❑Other
15 n/a
16 2.2. Property. The Property is the following legally described real estate in the County of Weld
17 Colorado:
18 Lot C Amended Recorded Exemption No. AMRE-4066, being part of Southeast Quarter (SE1/4) Section 31,
Township 4 North, Range 66 West of the 6th P.M. consisting of approx. 14.05 acres m/1
19 (mown as No.
20 n/a
21 Street Address City State Zip
• 22 together with the interests, easements,rights,benefits, improvements and attached fixtures appurtenant thereto, all interest of
23 Seller in vacated streets and alleys adjacent thereto,except as herein excluded.
24 2.3. Dotes and Deadlines.
25
Item No. Reference Event Date or Deadline
1 §4.2.1 Alternative Earnest Money Deadline n/a
2 §5.1 Loan Application Deadline n/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 n/a
6 §5.4 Existing Loan Documents Deadline n/a
7 §5.4 Existing Loan Documents Objection Deadline n/a
8 §5.4 Loan Transfer Approval Deadline n/a
9 §6.2.2 Appraisal Deadline n/a
10 §7.1 Title Deadline 30 days from MEC
11 §8.1 Title Objection Deadline 45 days from MEC
12 §7.3 Survey Deadline 30 days from MEC
13 § 8.3.2 Survey Objection Deadline 45 days from MEC
14 §72 Document Request Deadline 30 days from MEC
PREPARED BY:Terry L Wledeman,Broker Associate
CBS1-8.007,Contract to Buy and Set Real Estate(All Types of Properties)4th Closing Instructions.Colorado Real Estate Commission
RealFAST®Software,O2008,Version 6.16.Software Registered to:Robert D Kreps,Kreps Wedeman Auctioneers&Real Estate,Inc
• Buyer(s) 04x)7/06 17:01:10Selle Papeto dr
2008-2603
• •
15 §7.4.4 CIC Documents Deadline n/a •
16 §7.4.5 CIC Documents Objection Deadline n/a
17 §8.2 Off-Record Matters Deadline 30 days from MEC
18 §8.2 Off-Record Matters Objection Deadline 45 days from MEC
19 §8.6 Right Of First Refusal Deadline n/a
20 § 10.1 Seller's Property Disclosure Deadline n/a
21 § 10.2 Inspection Objection Deadline See Par. 25 - Addn1 Pray
22 § 10.3 Inspection Resolution Deadline See Par. 25 - Addnl Pray
23 § 10.5 Property Insurance Objection Deadline n/a
24 § 12 Closing Date see Par. 25 - Addnl Prov
25 § 17 Possession Date see par. 25 - Addnl Prov
26 § 17 Possession Time
at closing time
27 §31 Acceptance Deadline Date march 14, 2008
28 §31 Acceptance Deadline Time 5:0o P.M.
n/a n/a n/a n/a
n/a n/a n/a n/a
26
27 2.4. Applicability of Terms, A check or similar mark in a box means that such provision is applicable. The abbreviation "N/A"
28 or the word"Deleted"means not applicable and when inserted on any line in Dates and Deadlines (§ 2.3), means that the
29 corresponding provision of the Contract to which reference is made is deleted. The abbreviation "MEC" (mutual execution of
30 this Contract)means the date upon which both parties have signed this contract.
31 3. INCLUSIONS AND EXCLUSIONS.
32 3.1. Inclusions. The Purchase Price includes the following items(Inclusions):
33 3.1.1. Fixtures. If attached to the Property on the date of this Contract, lighting,heating,plumbing, ventilating,and air
34 conditioning fixtures,TV antennas, inside telephone wiring and connecting blocks/jacks,plants,mirrors, floor coverings,
35 intercom systems, built-in kitchen appliances, sprinkler systems and controls, built-in vacuum systems, (including •36 accessories),garage door openers including n a remote controls;and ❑
37 n/a
38 3.1.2. Personal Property. The following are included if on the Property whether attached or not on the date of this
39 Contract storm windows,stone doors,window and porch shades,awnings,blinds,screens,window coverings,curtain rods,
40 drapery rods,fireplace inserts fireplace screens, fireplace grates,heating stoves, storage sheds, and all keys. If checked,
41 the following are included: d Water Softeners 0 Smoke/FireDetectorfl Security Systems ❑Satellite Systems
42 (including satellite dishes).
43 3.1.3. Other Inclusions.
44 none
45 The Personal Property to be conveyed at Closing shall be conveyed,by Seller, free and clear of all taxes(except personal
46 property taxes for the year of Closing),liens and encumbrances,except
47 n/a
48 Conveyance shall be by bill of sale or other applicable legal instrument.
49 3.1.4. Trade Fixtures. With respect to trade fixtures,Seller and Buyer agree as follows:
50 n/a
51 The Trade Fixtures to be conveyed at Closing shall be conveyed, by Seller, free and clear of all taxes (except personal
52 property taxes for the year of Closing),liens and encumbrances,except
53 n/a
54 Conveyance shall be by bill of sale or other applicable legal instrument.
55 3.1.5. Parking and Storage Facilities. U Use Only 0 Ownership of the following
•
56 n/a parking facilities:
57 and 0 Use Only 0 Ownership of the following storage facilities: '
58 n/a
59 3.1.6. Water Rights. The following legally described water rights: '
60
PREPARED BY:Terry L Wiedermn,Braker Associate
CB.S1-B.07,Contract to Buy end Sell Real Estate(All Types of Properties)With Closing Instructions.Colorado Real Estate Commission
RealFASTe Software,®2(x19,Version 6.16.Software Registered la.Robert D.Kreps,Kreps Wedeman Auctioneers 9 Real Sale,Inc.
Buyer(s) 00107/081101'.10 Poreypml� •
Seller(c) ( I/
none
• 61 Any water rights shall be conveyed by ❑n/a Deed 0Other or other applicable legal
62 instrument. If well rights are to be transferred to Buyer,Seller agrees to supply the required information to Buyer for Buyer
63 to submit, and also, if required, a Change in Ownership form as promulgated by the Colorado State Engineer's office.
64 The Well Permit it is p/a
65 3.1.7. Growing Crops. With respect to growing crops,Seller and Buyer agree as follows:
66 no growing crops
67 3.2. Exclusions. The following items are excluded:
68 Irrigation well located in the southwest corner of Lot C Amended RE-4066
69 4. PURCHASE PRICE AND TERMS.
70 4.1. Price and Terms. The Purchase Price set forth below shall be payable in U.S.Dollars by Buyer as follows:
71
Item No. Reference Item Amount Amount
1 §4.1 Purchase Price eli
2 §4.2 Earnest Money ilIS
3 §4.5 New Loan
n/a
4 _ §4.6 Assumption Balance n/a
5 §4.7 Seller or Private Financing n/a
6 n/a n/a n/a n/a
7 n/a n/a n/a n/a
8 §4.3 Cash at Closing SallIIIIIS
9 TOTAL aline -
72
73 4.2. Earnest Money. The Earnest Money set forth in this section,in the form of check
74 is part payment of the Purchase Price and shall be payable to and held by Seller '
• 75 (Earnest Money FIolder),in its trust account,on behalf of both Seller and Buyer. The Earnest Money deposit shall be tendered
76 with this Contract unless the parties mutually agree to an Alternative Earnest Money Deadline(§ 2.3) for its payment. The
77 parties authorize delivery of the Earnest Money deposit to the company conducting the Closing(Closing Company),if any,at or
78 before Closing.In the event Earnest Money Holder has agreed to have interest on Earnest Money deposits transferred to a fund
79 established for the purpose of providing affordable housing to Colorado residents,Seller and Buyer acknowledge and agree that
80 any interest accruing on the Earnest Money deposited with the Earnest Money Holder in this transaction shall be transferred to
81 such fund.
82 4.2.1. Alternative Earnest Money Deadline. The deadline for delivering the Earnest Money, if other than at the time of
83 tender of the Contract is as set forth as the Alternative Earnest Money Deadline (§2.3).
84 4.3. Cash at Closing. All amounts paid by Buyer at Closing,including Cash at Closing,plus Buyer's closing costs,shall be in
85 funds which comply with all applicable Colorado laws,which include cash,electronic transfer funds,certified check,savings and
86 loan teller's check and cashier's check(Good Funds). Buyer represents that Buyer 0 Does ®Does Not have funds that are
87 immediately verifiable and available in an amount not less than the amount stated as Cash at Closing in§4.1.
88 4.4. Seller Concession. Seller,at Closing,shall pay or credit,as directed by Buyer,a total amount of S n/a
89 to assist with Buyer's closing costs,loan discount points,loan origination fees,prepaid items(including any amounts that Seller
90 agrees to pay because Buyer is not allowed to pay due to FHA, CHFA,VA,etc.), and any other fee,cost,charge, expense or
91 expenditure related to Buyer's New Loan or other allowable Seller concession (collectively, Seller Concession). The Seller
92 Concession is in addition to any sum Seller has agreed to pay or credit Buyer elsewhere in this Contract If the amount of Seller
93 Concession exceeds the aggregate of what is allowed,Seller shall not pay or be charged such excess amount.
94 4.5. New Loan. [Omitted-Not Applicable]
95 4.6. Assumption. [Omitted-Not Applicable]
96 4.7. Seller or Private Financing. [Omitted-Not Applicable]
97 5. FINANCING CONDmONS AND OBLIGATIONS.
98 5.1. Loan Application. [Omitted-Not Applicable]
99 5.2. Loan Conditions. [Omitted-Not Applicable]
100 5.3. Credit Information and Buyer's New Senior Loan. [Omitted-Not Applicable]
101 5.4. Existing Loan Review. [Omitted-Not Applicable]
102 6. APPRAISAL PROVISIONS.
PREPARED BY:Terry L.Wledenan,Broker Associate
CBS1-&07,Contract to Buy and Sell Real Estate(All Types of Properties)with Closing Instructions Colorado Real Estate Commission
RealFASTA Software,O2008,Version 6.16.Software Registered to:Robert D.Kreps Kreps Wedeman Auctioneers a Real Estate.Inc.
• Buyer(s) 04/07/08 11:01:10 Page 884f
Seikr(s) tr
• •
103 6.1. Property Approval. If the lender imposes any requirements or repairs(Requirements)to be made to the Property(e.g.,roof
104 repair, repainting), beyond those matters already agreed to by Seller in this Contract, Seller may terminate this Contract
105 (notwithstanding § 10 of this Contract)by written notice to Buyer on or before three calendar days following Seller's receipt of
106 the Requirements. The right to terminate in this§6.1 shall not apply if on or before five calendar days prior to Closing Date
107 (§2.3): (1)the parties enter into a written agreement;or(2)the Requirements are completed by Seller,or(3)the satisfaction of
108 the Requirements is waived in writing by Buyer.
109 6.2. Appraisal Condition.
110 ® 6.2.1. Not Applicable. This§6.2 shall not apply.
111 ❑ 6.2.2. Conventional/Other. Buyer shall have the sole option and election to terminate this Contract if the Purchase Price
1 l2 exceeds the Property's valuation determined by an appraiser engaged by nth_.
113 The Contract shall terminate by Buyer delivering to Seller written notice of termination and either a copy of such appraisal or
114 written notice from lender that confirms the Property's valuation is less than the Purchase Price, received on or before
115 Appraisal Deadline (§2.3). If Seller does not receive such written notice of termination on or before AppraisalDeadline
116 (§2.3),Buyer waives any right to terminate under this subsection.
117 O 6.2.3. FHA. It is expressly agreed that notwithstanding any other provisions of this Contract,the Purchaser(Buyer)shall
118 not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfeiture of Earnest
119 Money deposits or otherwise unless the Purchaser(Buyer)has been giv,gggqm, accordance with HUD/FHA or VA requirements
120 a written statement issued by the Federal Housing Commissioner,Deperiraentof Veterans Affairs,or a Direct Endorsement
121 lender,setting forth the appraised value of the Property of not less than$ n a .jhe Purchase{(Buyer)shall
122 have the privilege and option of proceeding with consummation of the Contract without regard to the amount of the appraised
123 valuation.The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban
124 Development will insure.HUD does not warrant the value nor the condition of the Property.The Purchaser(Buyer)should
125 satisfy himself/herself that the price and condition of the Property are acceptable.
126 O 6.2.4. VA. It is expressly agreed that,notwithstanding any other provisions of this Contract, the purchaser(Buyer)shall
127 not incur any penalty by forfeiture of Earnest Money or otherwise or be obligated to complete the purchase of the Property
128 described herein, if the Contract Purchase Price or cost exceeds the reasonable value of the Property established by the
129 Department of Veterans Affairs.The purchaser(Buyer)shall,however,have the privilege and option of proceeding with the
130 consummation of this Contract without regard to the amount of the reasonable value establislgd by the Department of
131 Veterans Affairs.
132 6.3. Cost of Appraisal Cost of any appraisal to be obtained after.the date Of this Contract-shall be tintely paid by
133 ® Buyer O Seller.
134 7. EVIDENCE OF TITLE,SURVEY AND CIC DOCUMENTS.
135 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
136 current commitment for owner's title insurance policy(Title Commitment)in an amount equal to the Purchase Price,or if this .
137 box is checked, ❑An Abstract of title certified to a current date. At Seller's expense, Seller shall cause the title insurance
138 polio to be issued and delivered to Buyer as soon as practicable at or after Closing.If a title insurance commitment is furnished,
139 it N Shall ❑Shall Not commit to delete or insure over the standard exceptions which relate to:
140 (1) parties in possession,
141 (2) unrecorded easements,
142 (3) survey matters,
143 (4) any unrecorded mechanic's liens,
144 (5) gap period(effective date of commitment to date deed is recorded),and
145 (6) unpaid taxes,assessments and unredeemed tax sales prior to the year of Closin .
146 Any additional premium expense to obtain this additional coverage shall be paidWIAIVdyler\1SI eller.
147 Note: The title insurance company may not agree to delete or insure over any or all of the standard exceptions. Buyer shall have
148 the right to review the Title Commitment pursuant to§8.1.
149 7.2. Copies of Exceptions, On or before Title Deadline (§ 2.3), Seller, at Seller's expense, shall furnish to Buyer and
150 n/a ,(1)copies of any
151 plats,declarations,covenants,conditions and restrictions burdening the Property,and(2)if a Title Commitment is required to be
152 furnished,and if this box is checked O Copies of any Other Documents (or,if illegible,summaries of such documents)listed
153 in the schedule of exceptions (Exceptions). Even if the box is not checked, Seller shall have the obligation to furnish these
154 documents pursuant to this section if requested by Buyer any time on or before Document Request Deadline(§ 2.3). This
155 requirement shall pertain only to documents as shown of record in the offices of the clerk and recorder in the county where the
156 Property is located. The abstract or Title Commitment, together with any copies or summaries of such documents furnished
157 pursuant to this section,constitute the title documents(Title Documents).
158 7.3. Survey. On or before Survey Deadline (§2.3) ®Seller O Buyer shall order and cause Buyer(and the issuer of the
159 Title Commitment or the provider of the o inion of title if an abstract)to receive a current ®Improvement Survey Plat
160 O Improvement Location Certificate Ln/a
161 (the description checked is known as Survey).An amount not to exceed$ 1,500.00 for Survey shall be paid by
162 ❑Buyer ®Seller. If the cost exceeds this amount, O Buyer ®Seller shall pay the excess on or before Closing. Buyer
163 shall not be obligated to pay the excess unless Buyer is informed of the cost and delivers to Seller,before Survey is ordered,
PREPARED BY:Terry L Wiederron,Broker Associate
CB51A-07,Contract to Buy and Sell Real Estate(All Types of Properties)with Closing Instructions Colorado Real Estate Commission
RealFASTOSoftware,O2008.Version 6.16.Software Registered to.Robert D.Kreps.Kreps Wiedeman Auctioneers 8 Real Estate,Inc.
Buyer(s) 04O7/0611:0110 Page 4, , •
164 Buyer's written agreement to pay the required amount to be paid by Buyer.
• 165 7.4. Common Interest Community Documents. The term CIC Documents consists of all owners' associations (Association)
166 declarations,bylaws,operating agreement,rules and regulations,party wall agreements,minutes of most recent annual owners'
167 meeting and minutes of any directors'or managers'meetings during the 6-month period immediately preceding the date of this
168 Contract, if any (Governing Documents), most recent financial documents consisting of(1)annual balance sheet, (2) annual
169 income and expenditures statement,and(3)annual budget(Financial Documents),if any(collectively CIC Documents).
170 ® 7.4.1. Not Applicable. This§7.4 shall not apply.
171 7.4.2. Common Interest Community Disclosure. THE PROPERTY IS LOCA h I)WITHIN A COMMON INTEREST
172 COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR SUCH COMMUNITY. THE OWNER OF THE
173 PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNER'S ASSOCIATION FOR THE COMMUNITY
174 AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. THE
175 DECLARATION,BYLAWS,AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL OBLIGATIONS UPON
176 THE OWNER OF THE PROPERTY,INCLUDING AN OBLIGATION TO PAY ASSESSMENTS OF THE ASSOCIATION.
177 IF THE OWNER DOES NOT PAY THESE ASSESSMENTS,THE ASSOCIATION COULD PLACE A LIEN ON THE
178 PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT. THE DECLARATION,BYLAWS,AND RULES AND
179 REGULATIONS OF THE COMMUNITY MAY PROHIBIT THE OWNER FROM MAKING CHANGES TO THE
180 PROPERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE ASSOCIATION (OR A COMMITTEE OF THE
181 ASSOCIATION) AND THE APPROVAL OF THE ASSOCIATION. PURCHASERS OF PROPERTY WITHIN THE
182 COMMON INTEREST COMMUNITY SHOULD INVESTIGATE THE FINANCIAL OBLIGATIONS OF MEMBERS OF
183 THE ASSOCIATION.PURCHASERS SHOULD CAREFULLY READ THE DECLARATION FOR THE COMMUNITY
184 AND THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION.
185 0 7.4.3. Not Conditional on Review. Buyer acknowledges that Buyer has received a copy of the CIC Documents.Buyer has
186 reviewed them,agrees to accept the benefits,obligations and restrictions that they impose upon the Property and its owners
187 and waives any right to terminate this Contract due to such documents,notwithstanding the provisions of§8,5.
188 7.4.4. CIC Documents to Buyer.
189 ❑ 7.4.4.1. Seller to Provide CIC Documents. Seller shall cause the CIC Documents to be provided to Buyer, at
190 Seller's expense,on or before CIC Documents Deadline (§2.3).
191 ❑ 7.4.4,2. Seller Authorizes Association. Seller authorizes the Association to provide the CIC Documents to Buyer,
192 at Seller's expense,
193 7.4.4.3. Seller's Obligation. Seller's obligation to provide the CIC Documents shall be fulfilled upon Buyer's reccipt
194 of the CIC Documents,regardless of who provides such documents.
195 7.4.5. Conditional an Buyer's Review. If the box in either§7.4.4.1 or§7.4.4.2 is checked,the provisions of this §7.4.5
196 shall apply.Written notice of any unsatisfactory provision in any of the CIC Documents, in Buyer's subjective discretion,
197 signed by Buyer,or on behalf of Buyer,and delivered to Seller on or before CIC Documents Objection Deadline (§ 2.3),
198 shall terminate this Contract.
199 Should Buyer receive the CIC Documents after CIC Documents Deadline(§ 2.3), Buyer shall have the right, at
200 Buyer's option,to terminate this Contract by written notice delivered to Seller on or before ten calendar days after Buyer's
201 receipt of the CIC Documents.If Buyer does not receive the CIC Documents,or if such written notice to terminate would
202 otherwise be required to be delivered after Closing Date (§2.3),Buyes'swrittennoticeto terminate shall be received by Seller
203 on or before three calendar days prior to Closing Date (§2.3). If Seller does not receive written notice from Buyer within
204 such time,Buyer accepts the provisions of the CIC Documents,and Bu}er's right to terminate this Contract pursuant to this
205 section is waived,notwithstanding the provisions of§8.5.
206 NOTE:If no box in this§7.4 is checked,the provisions of§7.4.4.1 shall apply.
207 8. TITLE AND SURVEY REVIEW.
208 8.1. Title Review. Buyer shall have the right to inspect the Title Documents. Written notice by Buyer of unmerchantability of
209 title, form or content of Title Commitment or of any other unsatisfactory title condition shown by the Title Documents,
210 notwithstanding § 13, shall be signed by or on behalf of Buyer and delivered to Seller on or before Title Objection Deadline
211 (§2.3), or within five calendar days after receipt by Buyer of any change to the Title Documents or endorsement to the Title
212 Commitment together with a copy of the document adding any new Exception to title.If Seller does not receive Buyer's notice
213 by the date specified above,Buyer accepts the condition of title as disclosed by the Title Documents as satisfactory.
214 8.2. Matters not Shown by the Public Records. Seller shall deliver to Buyer,on or before Off-Record Matters Deadline
215 (§ 2.3) true copies of all leases and surveys in Seller's possession pertaining to the Property and shall disclose to Buyer all
216 easements,liens(including,without limitation,governmental improvements approved,but not yet installed)or other title matters
217 (including,without limitation, rights of first refusal, and options)not shown by the public records of which Seller has actual
218 knowledge. Buyer shall have the right to inspect the Property to investigate if any third party has any right in the Property not
219 shown by the public records(such as an unrecorded easement,unrecorded lease,or boundary line discrepancy or water rights).
220 Written notice of any unsatisfactory condition disclosed by Seller or revealed by such inspection,notwithstanding§ 13,shall be
221 signed by or on behalf of Buyer and given to Seller on or before Oft Record Matters Objection Deadline (§2.3).If Seller does
222 not receive Buyer's notice by said deadline,Buyer accepts title subject to such rights,if any,of third parties of which Buyer has
223 actual knowledge.
224 8.3. Survey Review.
0
PREPARED BY:Terry L.Wledemmn,Broker Associate
C851-8.07,Contract to Buy and Sell Real Estate(All Types of Properties)with Closing Instructions Colorado Real Estate Commission
Rea:FAste,Software,(D2008,Version 6.16.Software Registered to:Robert D.Kreps,Kreps Wedeman Auctioneers 8 Real Estate,Inc.
• Buyer(s) 04,07/081101:10 Porm50J75
Be Ilea) C /y
225 8.3.1. Not Applicable. This§8.3 shall not apply.
226 El 8.3.2. Conditional on Survey. If the box in this§8.3.2 is checked,Buyer shall have the right to inspect Survey.If written
227 notice by or on behalf of Buyer of any unsatisfactory condition shown by Survey,notwithstanding §8.2 or§ 13,is received •
228 by Seller on or before Survey Objection Deadline (§ 2.3) then such objection shall be deemed an unsatisfactory title
229 condition.If Seller does not receive Buyer's notice by Survey Objection Deadline (§ 2.3), Buyer accepts the Survey as
230 satisfactory.
231 8.4. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION
232 INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE
233 PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT
234 RISK FOR INCREASED MILL LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF
235 SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO
236 DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE. IN MILL LEVIES. BUYER SHOULD
237 INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION
238 INDEBTEDNESS OF SUCH DISTRICTS, EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH
239 INDEBTEDNESS,AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES.
240 In the event the Property is located within a special taxing district and Buyer desires to terminate this Contract as a result,if
241 mitten notice,by or on behalf of Buyer,is received by Seller on or before Off-Record Matters Objection Deadline(§2.3),this
242 contract shall terminate. If Seller does not receive Buyer's notice by such deadline, Buyer accepts the effect of the Property's
243 inclusion in such special taxing district and waives the right to terminate for that reason.
244 8.5. Right to Object,Cure. Buyer's right to object shall include, but not be limited to those matters listed in § 13.If Seller
245 receives notice of unmerchantability of title or any other unsatisfactory title condition or commitment terms as provided in
246 §§8.1,82,8.3 and 8.4,Seller shall use reasonable efforts to correct said items and bear any nominal expense to correct the same
247 prior to Closing.If such unsatisfactory title condition is not corrected to Buyer's satisfaction on or before Closing,this Contract
248 shall terminate;provided,however,Buyer may,by written notice received by Seller an or before Closing,waive objection to such
249 items.
250 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
251 Contract, Seller shall promptly submit this Contract according to the terms and conditions of such right. If the holder of the
252 right of first refusal exercises such right or the holder of a right to approve disapproves this Contract, this Contract shall
253 terminate. If the right of first refusal is waived explicitly or expires,or the Contract is approved,this Contract shall remain in
254 full force and effect. Seller shall promptly notify Buyer of the foregoing. If expiration or waiver of the right of first refusal or
255 Contract approval has not occurred on or before Right of First Refusal Deadline(§;2.3),this Contract shall terminate.
256 8.7. Title Advisory. The Title Documents affect the title,ownership and use of the Property and should be reviewed carefully.
257 Additionally,other matters not reflected in the Title Documents may affect the title,ownership and use of the Property,including
258 without limitation boundary lines and encroachments,area,zoning,unrecorded easements and claims of easements, leases and
259 other unrecorded agreements, and various laws and governmental regulations concerning land use, development and
260 environmental matters. The surface estate may be owned separately from the underlying mineral estate, and transfer of
261 the surface estate does not necessarily include transfer of the mineral rights or water rights. Third parties may hold
262 interests in oil,gas, other minerals,geothermal energy or water on or under the Property,which interests may give them
263 rights to enter and use the Property. Such matters may be excluded from or not covered by the title insurance policy. Buyer
264 is advised to timely consult legal counsel with respect to all such matters as there are strict time limits provided in this Contract
265 (e.g., Title Objection Deadline [§2.3]and Off-Record Matters Objection Deadline [§2.3]).
266 9. LEAD-BASED PAINT. Unless exempt, if the improvements on the Property include one or more residential dwellings for
267 which a building pemtit was issued prior to January 1, 1978, this Contract shall be void unless a completed Lead-Based Paint
268 Disclosure(Sales)form is signed by Seller and the required real estate licensees,which must occur prior to the parties signing this
269 Contract.Buyer acknowledges timely receipt of a completed Lead-Based Paint Disclosure (Sales)form signed by Seller and the real
270 estate licensees.
271 10. PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY, BUYER DISCLOSURE AND SOURCE
272 OF WATER.
273 10.1. Seller's Property Disclosure Deadline. On or before Seller's Property Disclosure Deadline (§ 2.3), Seller agrees to
274. deliver to Buyer the most current version of the Colorado Real Estate Commission's Seller's Property Disclosure form completed
275 by Seller to the best of Seller's actual knowledge,current us of the date of this Contract.
276 10.2. Inspection Objection Deadline. Buyer shall have the right to have inspections of the physical condition of the Property
277 and Inclusions,at Buyer's expense.If the physical condition of the Property or Inclusions is unsatisfactory in Buyer's subjective
278 discretion,Buyer shall,on or before Inspection Objection Deadline (§2.3):
279 10.2.1. notify Seller in writing that this contract is terminated,or
280 10.2.2. deliver to Seller with a written description of any unsatisfactory physical condition which Buyer requires Seller to
281 correct(Notice to Correct).
282 If written notice is not received by Seller on or before Inspection Objection Deadline (§ 2.3), the physical
283 Property and Inclusions shall be deemed to be satisfactory to Buyer.
284 10.3. Inspection Resolution Deadline. If a Notice to Correct is received by Seller and if Buyer and Seller have not agreed in
285 writing to a settlement thereof on or before Inspection Resolution Deadline (§2.3),this Contract shall terminate one calendar
286 day following Inspection Resolution Deadline (§2.3),unless before such termination Seller receives Buyer's written withdrawal
PREPARED BY:Terry L.Wledeman,Broker Associate
CBS1-8.07,Contract to Buy and Sell Real Estate(All Types of Properties)with Closing Instructions.Colorado Real Estate Commission
Rea:FAST®Software,02008,Version 6.16.Software Registered to:Robert D.Kreps,Kreps Wledeman Auctioneers a Real Estate,Inc.
Buyer(s) 04/07/011 11 01'.10 Page t) j� •
Seller(s) /C/1
287 of the Notice to Correct.
• 288 10.4. Damage,Liens and Indemnity. Buyer,except as otherwise provided in this Contract,is responsible far payment for all
289 inspections,tests,surveys,engineering reports or for any other work performed at Buyer's request(Work)and shall pay for any
290 damage which occurs to the Property and and Inclusions as a result of such Work. Buyer shall not permit claims or liens of any
291 kind against the Property for Work performed on the Property at Buyer's request.Buyer agrees to indemnify,protect and hold
292 Sellerharmless from and against any liability,damage,cost or expense incurred by Seller and caused by any such Work,claim,or
293 lien.This indemnity includes Seller's right to recover all costs and expenses incurred by Seller to defend against any such liability,
294 damage,cost or expense,or to enforce this section,including Seller's reasonable attorney and legal fees. The provisions of this
295 section shall survive the termination of this Contract
296 10.5. Insurability. This Contract is conditioned upon Buyer's satisfaction,in Buyer's subjective discretion,with the availability,
297 terms and conditions of and premium for property insurance. This Contract shall terminate upon Seller's receipt, on or before
298 Property Insurance Objection Deadline (§ 2.3), of Buyer's written notice that such insurance was not satisfactory to Buyer.
299 If said notice is not timely received,Buyer shall have waived any right to terminate under this provision.
300 10.6. Buyer Disclosure. Buyer represents that Buyer O Does ®Does Not need to sell and close a property to complete
301 this transaction. Note: Any property sale contingency should appear in Additional Provisions (§25).
302 10.7. Source of Potable Water (Residential Land and Residential Improvements Only). Buyer 0 Does 0 Does Not
303 acknowledge receipt of a copy of Seller's Property Disclosure or Source of Water Addendum disclosing the source of
304 potable water for the Property. Buyer 0 Does LJ Does Not acknowledge receipt of a copy of the current well permit. ❑There
305 is No WelL
306 Note to Buyer SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUND
307 WATER. YOU MAY WISH TO CONTACT YOUR PROVIDER(OR INVESTIGATE THE DESCRIBED SOURCE)
308 TO DETERMINE THE LONG-TERM SU1 kICIENCY OF THE PROVIDER'S WATER SUPPLIES.
309 11. METHAMPHETAMINE LABORATORY DISCLOSURE (Residential Property Only). The parties acknowledge that
310 Seller is required to disclose whether Seller knows that the Property, if residential, was previously used as a methamphetamine
311 laboratory.No disclosure is required if the Property was remediated in accordance with state standards and other requirements are
312 fulfilled pursuant to §25-18.5-102, C.R.S. Buyer further acknowledges that Buyer has the right to engage a certified hygienist or
313 industrial hygienist to test whether the Property has ever been used as a methamphetamine laboratory. If Buyer's test results indicate
314 that the Property has been used as a methamphetamine laboratory,but has not been remediated to meet the standards established by
315 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
316 of the results of the test,and Buyer may terminate this Contract.
317 12. CLOSING. Delivery of deed from Seller to Buyer shall be at closing(Closing). Closing shall be on the date specified as the
318 Closing Date (§2.3)or by mutual agreement at an earlier date.The hour and place of Closing shall be as designated by
319 Saver and Seller
320 13. TRANSFER OF TITLE. Subject to tender or payment at Closing as required herein and compliance by Buyer with the other
• 321 terms and provisions hereof,Seller shall execute and deliver a good and sufficient general warranty
322 deed to Buyer,at Closing,conveying the Property free and clear of all taxes except the general taxes for the year of Closing. Except
323 as provided herein, title shall be conveyed free and clear of all liens, including any governmental liens for special improvements
324 installed as of the date of Buyer's signature hereon,whether assessed or not.Title shall be conveyed subject to:
325 13.1. those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by
326 Buyer in accordance with (Title Review (§8.1),
327 13.2. distribution utility easements(including cable TV),
328 13.3. those specifically described rights of third parties not shown by the public records of which Buyer has actual knowledge
329 and which were accepted by Buyer in accordance with Matters Not Shown by the Public Records (§8.2)and Survey Review
330 (§8.3),
331 13.4. inclusion of the Property within any special taxing district,
332 13.5. other n/a
333 14. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before Closing from the
334 proceeds of this transaction or from any other source.
335 15. CLOSING COSTS,DOCUMENTS AND SERVICES.
336 15.1. Good Funds. Buyer and Seller shall pay,in Good Funds,their respective Closing costs and all other items required to be
337 paid at Closing,except as otherwise provided herein.
338 15.2. Closing Information and Documents. Buyer and Seller will furnish any additional information and documents required by
339 Closing Company that will be necessary to complete this transaction. Buyer and Seller shall sign and complete all customary or
340 reasonably required documents at or before Closing.
341 15.3. Closing Services Fee. The fee for real estate Closing services shall be paid at Closing by 0 Buyer 0 Seller ®One-half
342 by Buyer and One-half by Seller 0 Other n/a
343 15.4. Closing Instructions. The Colorado Real Estate Commission's Closing Instructions❑Are ®Are Not executedwiththis
344 Contract Upon execution, 0 Seller 0 Buyer shall deliver such Closing Instructions to the Closing Company.
345 15.5. Status Letter and Transfer Fees. Any fees incident to the issuance of Association's statement of assessments(Status
346 Letter)shall be paid by ❑Buyer 0 Seller 0 One-half by Buyer and One-half by Seller. Any fees incident to the transfer
347 from Seller to Buyer assessed by the Association(Association's Transfer Fee)shall be paid by 0 Buyer❑Seller 0 One-half
PREPARED BY:Terry L.Wiedeman,Broker Associate
CBS1-B-07,Contract to Buy and Sell Real Estate(All Types of Properties)with Closing Instructions.Colorado Real Estate Commission
RealFAST®Software,O2008,Version 6.16.Software Registered to:Robert D.Kreps.Kreps Wiedeman Auctioneers&Real Estate,Inc
• Buyer(s) 04/07/08 11:01:10 Pa9e/r /�
Seller(s) ( I
41)
348 by Buyer and One-half by Seller.
349 15.6. Local Transfer Tax. ❑The local transfer tax of n/a._ ^/o of the Purchase Price shall be paid at Closing by ❑Buyer •
350 ❑Seller ❑One-half by Buyer and One-half by Seller.
351 15.7. Sales and use Tax. Any sales and use tax that may accrue because of this transaction shall be paid when due by
352 ❑Buyer ❑Seller 0 One-half by Buyer and One-half by Seller.
353 16. PROBATIONS. The following shall be prorated to Closing Date (§ 2.3),except as otherwise provided:
354 16.1. Taxes. Personal property taxes, if any, and general real estate taxes for the year of Closing,based on 0 Taxes for the
355 Calendar Year Immediately Preceding Closing ® Most Recent Mill Levy and Most Recent Assessment ❑ Other
356 n/a
357 16.2. Rents. Rents based on 0 Rents Actually Received❑Accrued. Security deposits held by Seller shall be credited to
358 Buyer.Seller shall assign all leases to Buyer and Buyer shall assume such leases.
359 16.3. Association Assessments. Current regular Association assessments and Association dues(Association Assessments)paid
360 in advance shall be credited to Seller at Closing. Cash reserves held out of the regular Association Assessments for deferred
361 maintenance by the Association shall not be credited to Seller except as may be otherwise provided by the Governing Documents.
362 Any special assessment by the Association for improvements that have been installed as of the date of Buyer's signature hereon
363 shall be the obligation of Seller.Any other special assessment assessed prior to Closing Date (§2.3)by the Association shall be
364 the obligation of 0 Buyer 0 Seller. Seller represents that the Association Assessments are currently payable at$ n/a
365 per n/a and that there are no unpaid regular or special assessments against the Property except the current
366 regular assessments and
367 n/a
368 Such assessments are subject to change as provided in the Governing Documents. Seller agrees to promptly request the
369 Association to deliver to Buyer before Closing Date(§ 2.3)a current Status Letter.
370 16.4. Other Prorations. Water and sewer charges;interest on any continuing loan,and
371 none other
372 16.5. Final Settlement Unless otherwise agreed in writing,these proration shall be final.
373 17. POSSESSION. Possession of the Property shall be delivered to Buyer on Possession Date at Possession Time (§ 2.3), subject
374 to the following leases or tenancies:
375 none
376 If Seller,after Closing,fails to deliver possession as specified,Seller shall be subject to eviction and shall be additionally liable
377 to Buyer for payment of$ 100.0o per day(or any part of a day)from the Possession Date and Possession Time (§2.3) .
378 until possession is delivered.
379 Buyer 0 Does 0 Does Not represent that Buyer will occupy the Property as Buyer's principal residence.
380 18. ASSIGNABILITY AND INUREMENT. This Contract 0 Shall®Shall Not be assignable by Buyer without Seller's prior
381 written consent Except as so restricted, this Contract shall inure to the benefit of and be binding upon the heirs, personal
382 representatives,successors and assigns of the parties.
383 19. INSURANCE; CONDITION OF,DAMAGE TO PROPERTY AND INCLUSIONS AND WALK-THROUGII Except as
384 otherwise provided in this Contract,the Property,Inclusions or both shall be delivered in the condition existing as of the date of this
385 Contract,ordinary wear and tear excepted.
386 19.1. Casualty Insurance. In the event the Property or Inclusions are damaged by fire or other casualty prior to Closing in an
387 amount of not more than ten percent of the total Purchase Price,Seller shall be obligated to repair the same before Closing Date
388 (§ 2.3). In the event such damage is not repaired within said time or if the damages exceed such sum, this Contract may be
389 terminated at the option of Buyer by delivering to Seller written notice of termination on or before Closing.Should Buyer elect to
390 carry out this Contract despite such damage,Buyer shall be entitled to a credit at Closing for all insurance proceeds that were
391 received by Seller(but not the Association,if any)resulting from such damage to the Property and Inclusions,plus the amount of
392 any deductible provided for in such insurance policy. Such credit not to exceed the Purchase Price.In the event Seller has not
393 received such insurance proceeds prior to Closing,then Seller shall assign such proceeds at Closing,plus credit Buyer the amount
394 of any deductible provided for in such insurance policy,but not to exceed the total Purchase Price.
395 19.2. Damage,Inclusions and Services. Should any Inclusion or service(including systems and components of the Property,
396 e.g. beating,plumbing,etc.) fail or be damaged between the date of this Contract and Closing or possession, whichever shall
397 be earlier,then Seller shall be liable for the repair or replacement of such Inclusion or service with a unit of similar size,age and
398 quality,or an equivalent credit,but only to the extent that the maintenance or replacement of such Inclusion,service or fixture is
399 not the responsibility of the Association, if any, less any insurance proceeds received by Buyer covering such repair or
400 replacement.Seller and Buyer are aware of the existence of pre-owned home warranty programs that may be purchased and may
401 cover the repair or replacement of some Inclusions.The risk of loss for damage to growing crops by fie of other casualty shall
402 be borne by the party entitled to the growing crops as provided in § 3.1.7 and such party shall be entitled to such insurance
403 proceeds or benefits for the growing crops.
404 19.3. Walk-Through and Verification of Condition. Buyer,upon reasonable notice, shall have the right to walk through the
405 Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this Contract.
PREPARED BY:Terry I..Wledenran,Broker Associate
CBS1-&07,Contract to Buy and Sell Real Estate(All Types of Properties)with Closing Instructions Colorado Real Estate Commission
RealFAST®Software,®2008,Version 6.16.Software Registered to:Robert D.Kreps,Kreps Neledemen Auctioneers&Real Estate,Inc l
Buyer(s) 04;07/08 11:01:10 Pane�ot .
Seller(s)
406 20. RECOMMENDATION OF LEGAL AND TAX COUNSEL By signing this document, Buyer and Seller acknowledge that
• 407 the respective broker has advised that this document has important legal consequences and has recommended the examination of title
408 and consultation with legal and tax or other counsel before signing this Contract.
409 21. TIME OF ESSENCE,DEFAULT AND REMEDIES. Time is of the essence hereof.If any note or check received as Earnest
410 Money hereunder or any other payment due hereunder is not paid,honored or tendered when due,or if any obligation hereunder is not
411 performed or waived as herein provided,there shall be the following remedies:
412 21.1. If Buyer is in Default:
413 ® 21.1.1. Specific Performance. Seller may elect to treat this Contract as canceled, in which case all Earnest Money
414 (whether or not paid by Buyer)shall be forfeited by Buyer,paid to Seller and retained by Seller,and Seller may recover such
415 damages as may be proper,or Seller may elect to treat this Contract as being in full force and effect and Seller shall have the
416 right to specific performance or damages,or both.
417 ❑ 21.1.2. Liquidated Damages. All Earnest Money (whether or not paid by Buyer) shall be forfeited by Buyer, paid to
418 Seller,and retained by Seller.Both parties shall thereafter be released from all obligations hereunder.It is agreed that the
419 Earnest Money specified in§4 is LIQUIDATED DAMAGES,and not a penalty,which amount the parties agree is fair and
420 reasonable and(except as provided in §§ 10.4, 19,21.3,22,23), said forfeiture shall be SELLER'S SOLE AND ONLY
421 REMEDY for Buyer's failure to perform the obligations of this Contract Seller expressly waives the remedies of specific
422 performance and additional damages.
423 21.2. If Seller is in Default: Buyer may elect to treat this Contract as canceled, in which case all Earnest Money received
424 hereunder shall be returned and Buyer may recover such damages as may be proper,or Buyer may elect to treat this Contract as
425 being in MI force and effect and Buyer shall have the right to specific performance or damages,or both.
426 21.3. Costs and Expenses. In the event of any arbitration or litigation relating to this Contract,the arbitrator or court shall award
427 to the prevailing party all reasonable costs and expenses,including attorney and legal fees.
428 22. MEDIATION. If a dispute arises relating to this Contract,prior to or after Closing,and is not resolved,the parties shall first
429 proceed in good faith to submit the matter to mediation.Mediation is a process in which the parties meet with an impartial person who
430 helps to resolve the dispute informally and confidentially.Mediators cannot impose binding decisions.The parties to the dispute must
431 agree before any settlement is binding.The parties will jointly appoint an acceptable mediator and will share equally in the cost of such
432 mediation.The mediation,unless otherwise agreed,shall terminate in the event the entire dispute is not resolved within 30 calendar
433 days of the date written notice requesting mediation is delivered by one party to the other at the party's last known address. This
434 section shall not alter any date in this Contract,unless otherwise agreed.
435 23. EARNEST MONEY DISPUTE. Except as otherwise provided herein,Earnest Money Holder shall release the Earnest Money
436 as directed by written mutual instructions, signed by both Buyer and Seller. In the event of any controversy regarding the Earnest
437 Money(notwithstanding any termination of this Contract),Earnest Money Holder shall not be required to take any action. Earnest
438 Money Holder,at its option and sole discretion,may(1)await any proceeding,(2)interplead all parties and deposit Earnest Money into ,
• 439 a court of competent jurisdiction and shall recover court costs and reasonable attorney and legal fees,or(3)provide notice to Buyer
440 and Seller that unless Earnest Money Holder receives a copy of the Summons and Complaint or Claim(between Buyer and Seller),
441 containing the case number of the lawsuit(Lawsuit)within 120 calendar days of Earnest Money Holder's notice to the parties,Earnest
442 Money Holder shall be authorized to return the Earnest Money to Buyer. In the event Earnest Money Holder does receive a copy of
443 the Lawsuit,and has not interpled the monies at the time of any Order, Earnest Money Holder shall disburse the Earnest Money
444 pursuant to the Order of the Court.The parties reaffirm the obligation of Mediation(§22).
445 24. TERMINATION. In the event this Contract is terminated, all Earnest Money received hereunder shall be returned and the
446 parties shall be relieved of all obligations hereunder,subject to§§10.4,22 and 23.
447 25. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate
448 Commission.)
449 A. This contract is expressly contingent upon the Buyer securing a Use by Special Review permit from
the Weld County Planning 6 Zoning Department. Seller agrees to assist Buyer with the permit process
and pay the costs involved in obtaining said USR. Buyer may elect to be the applicant for the USR and
can recover costs thereof not to exceed $5,000.00.
B. Buyer shall have an "inspection period" of (90) ninety days from the date of MEC. The term
"inspection" shall include but not be limited to any engineering studies, environmental studies,
soil tests, and any other tests, studies or inspection at the sole cost and expense of Buyer in
connection with the prosposed special use of the property. In the event the results of any said tests
are not acceptable to the Buyer, this contract may be declared null and void, at the Buyer's option,
and the earnest money returned to the Buyer.
C. Closing shall be not more than 10 business days after the Use by Special Review is approved and
recorded by the Weld County Planning Department.
D, Seller agrees to, within 10 days of closing, construct a road on the 60 ft. right of way shown on
the plan, in accordance with Weld County codes and standards, from WCR 30 to a point not less than the
northeast corner of Lot C. Seller further agrees that the maintenance of the access road shall be
proportional to the lot ownership based on acreage of lots served by the road.
450 26. ATTACHMENTS. The following are a part of this Contract
PREPARED BY:Terry L Wledemmn,Broker Associate
CBSI-5-07,Contract to Buy and Sell Real Estate(At Types of Properties)with Closing Instructions Colorado Real Estate Commission
ReaIFAST®Software,O2008,Version 6.16.Software Registered to Robed D.Kreps,Kreps Wedeman Auctioneers&Real Estate,Inc
0 Buyer(s) 09,97/06 71'01:10 Pa9 �/`q
Seller(sy ,
• • ,
451 n/a
• 452 Note: The following disclosure forms are attached but we not a part of this Contract •
453 n/a
454 27. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith,including but not limited to
455 exercising the rights and obligations set forth in the provisions of Financing Conditions and Obligations (§ 5) and Property
456 Disclosure,Inspection,Indemnity,InsurabWty,Buyer Disclosure and Source of Water (§10).
457 28. ENTIRE AGREEMENT,MODIFICATION,SURVIVAL This agreement constitutes the entire Contract between the parties
458 relating to the subject hereof,and any prior agreements pertaining thereto,whether oral or written,have been merged and integrated
459 into this Contract. No subsequent modification of any of the terms of this Contract shall be valid, binding upon the parties, or
460 enforceable unless made in writing and signed by the patties.Any obligation in this Contract that, by its terms, is intended to be
461 performed after termination or Closing shall survive the same.
462 29. FORECLOSURE DISCLOSURE AND PROTECTION. Seller acknowledges that, to Seller's current actual knowledge,the
463 Property D IS®IS NOT in foreclosure. In the event this transaction is subject to the provisions of the Colorado Foreclosure
464 Protection Act(the Act)(i.e.,generally the Act requires that the Property is residential,in foreclosure,and Buyer does not reside in it
465 for at least I year),a different contract that complies with the provisions of the Act is required,and this Contract shall be void and of
466 no effect unless the Foreclosure Property Addendum is executed by all parties concurrent with the signing of this Contract.The parties
467 are further advised to consult with their own attorney.
468 30. NOTICE,DELIVERY AND CHOICE OF LAW.
469 30.1. Physical Delivery. Except for the notice requesting mediation described in § 22,delivered after Closing,and except as
470 provided in§ 30.2,all notices must be in writing.My notice to Buyer shall be effective when physically received by Buyer,any
471 individual buyer,any representative of Buyer, or Brokerage Firm of Broker working with Buyer. Any notice to Seller shall be
472 effective when physically received by Seller, any individual seller, any representative of Seller, or Brokerage Firm of Broker
473 working with Seller.
474 30.2. Electronic Delivery. As an alternative to physical delivery,any inned document and written notice may be delivered in
®
475 electronic form by the following indicated methods only: Facsimile E-mail D No Electronic Delivery. Documents with
476 original signatures shall be provided upon request of any party.
477 30.3 Choice of Law. This Contract and all disputes arising hereunder shall be governed by and construed in accordance with
478 the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in this state for property located
479 in Colorado.
480 31. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal shall expire unless accepted in writing,by Buyer and Seller,
481 as evidenced by their signatures below, and the offering party receives notice of such acceptance pursuant to § 30 on or before
482 Acceptance Deadline Date (§2.3)and Acceptance Deadline Time (§ 2.3). If accepted, this document shall become a contract
483 between Seller and Buyer.A copy of this document may be executed by each party, separately,and when each party has executed a
• 484 copy thereof,such copies taken together shall be deemed to be a full and complete contract between the parties. •
485
486 ��
Noble E1/er]uk" Iac Jtote/....................---""
BUYER err?"
DATE R�r:/ As tool?
By: Noble Energy, Inc.
tk1"
487 Email Address: n/a
488
489 [NOTE: If this offer is being countered or rejected,do not sign this document.Refer to§321
490
SELLER Western Equipme G Try Inc. '/��� / Ljr/�.��O/�
DATE
By: Craig Sparrow, ident
491 Email Address: a
PREPARED BY:Terry L.Wledeman,Broker Associate
CB51-&o7,Contract to Buy and Sell Real Estate(All Types of Properties)with Closing Instructions Colorado Real Estate Commission
ReaiFAST®Software,®2Wa,Version 6.16 Software Registered to:Robed D.Kreps,xreps Wedeman Auctioneers a Real Estate,Inc
• 04/07/0811x1:10 Page 10 of 14 •
• Certificate of Conveyances Weld County
Services Department of Planning
State of Colorado )
County of Weld )
STEWART TITLE OF COLORADO hereby certifies it has made a careful search of its
record,and finds the following conveyances affecting the real estate described herein
since August 30, 1972,and the most recent deed recorded property to August 30, 1972.
LEGAL DESCRIPTION: See Attached Legal Description
CONVEYANCES (if none appear,so state):
Reception No.: 3540118 Book:
Reception No.: 3289480 Book:
Reception No.: 3219361 Book:
Reception No.: 2081189 Book:
Reception No.: 2081188 Book:
• Reception No.: Book: 1182 page 588
Reception No.: Book:
Reception No.: Book:
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 STEWART TITLE OF COLORADO is hereby
limited to the fee paid for this certificate.
In Witness Whereof, STEWART TITLE OF COLORADO has caused this certificate to
be signed by its property officer this 24th day of June
, A.D.,2008, at 7:45 am.
STEWART TITLE OF COLORADO
BY: id/At /2)
Authorignature
� ,�y tda- 1+:5
• •
• !111111 11/1111111 IIII 11111111111111111111 11111 011 1111
3540118 03/05/2008 03:18P Weld County,CO
, 1 of 2 ft 11.00 0 0.00 Steve Moreno Clerk 8 Recorder
Recorded at o'clock M.,
Reception No. Recorder
WARRANTY DEED
THIS DEED,Made this 4th day of March,2008,between WESTERN EQUIPMENT&TRUCK
INC.,whose address is 2055 1st Ave,Greeley,CO 80631 (grantor),and WESTERN
EQUIPMENT&TRUCK INC.,whose address is 2055 1st Ave,Greeley,CO 80631 (grantee):
WITNESSETH,That the said grantor,for good and adequate consideration has bargained,
deeded and conveyed,and by these presents does hereby bargain,deed and convey unto the
grantor,its successors and assigns forever,all right,title,interest,claim and demand which the
said,grantor has in and to the real property,together with improvements,if any,situate, lying and
being described as follows:
Lot C,Recorded Exemption No. 1057-31-4 AMRE-4066,
according to the recorded plat thereof.
The purpose of this deed is to reflect a change in parcel configuration as a result of the
above referenced recorded exemption.
Grantor,for itself and its heirs,hereby covenants with Grantee,its heirs,and assigns,that
Grantor is lawfully seized in fee simple of the above-described premises;that it has a good right
to convey;that the premises are free from all encumbrances;that Grantor and its heirs,and all
persons acquiring any interest in the property granted,through or for Grantor,will,on demand of
Grantee,or its heirs or assigns,and at the expense of Grantee,its heirs or assigns,execute any
instrument necessary for the further assurance of the title to the premises that may be reasonably
• required;and that Grantor and its heirs will forever warrant and defend all of the property so
granted to Grantee,its heirs,against every person lawfully claiming the same or any part thereof.
IN WITNESS WHEREOF,The undersigned has hereunto set its hand and seal on this G day
of ; Mina, _,2001.
, 67X
Craig w,President
STA_ OF Co for-do )
County of W< I J )ss.
The foregoing instrument was acknowledged before me this (o day of
pt
,200g,by Craig Sparrow as President of Western Equipment&
`Truck Inc.
V1y commission expires a /A LI ,2009.
%pt N Hupp
Witness my hand and official seal. ..)41w.,-,234/1— .%%%%QO•,,
Notary Public `y.1/ '4
Signed this day of fkl.sc r, 200 rf .0.01-44).
NA'• 'UBL'° O
•
• •
•
EXHIBIT "A"
LOT C,RE-4066,LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 31,
TOWNSHIP 4 NORTH,RANGE 66 WEST OF THE 6TH PRINCIPAL MERIDIAN,
COUNTY OF WELD,STATE OF COLORADO
SHEET 1 OF 1
LOT D,
RECORDED EXEMPTION NO.
1057-31-4 AMRE-4066
.19"W
51V2.g3
21
ii
o ST 72 593.3818 W 339.21
Xc
�raiio .-'� 3- 1�6A,2 Z,W
•�cc0 `Nn ,%n 593. ='3 ± M
�'o= h :V n �' O Pi
��96 ON n N
�3M ti ti ti _vcc
• -a 4:' 5"W co
o0
—Hasa. •71.78' o
smo
C LOT C. 2
e C RECORDED EXEMPTION NO.
MIMS allo 1057-31-4 AMRE-4066
-....gc LOT A, 3i�
�o� RECORDED N of
MINL� cc EXEMPTION NO,
0°w 1057-31-4 co*
—0- RE-4066 C,
gg
'3N
-� c
0 e
715.02' (SEC) • • NTY ROAD 38 SOUTH 34 CORNER }
SECTION 31 8p'
TOO o 100 Toc •00
I 1
( IN FEET )
1 Inch = 200 ft
Flatirons, Inc.
Surveying.Engineering&Get man=
THIS IS NOT A 'LOUD SURVEY PLAT OR 'IMPROVEMENT
SURVEY PLC AND THIS EXHIBIT IS NOT INTENDED FOR 3825 IRIS AVENUE, 1100 .\e.ili F:I ` 655 FOURTH AVENUE
PURPOSES OF TRANSFER OF TITLE OR SUBDIVISIONS OF LAND. BOULDER, CO 80301 LONGMONT. CO 80501
THIS EXHIBIT IS INTENDED TO DEPICT THE ACCOMPAIC1N0 PH: (303) 443-7001 ' PH: (303) 776-1733
PARCEL DESCRIPTIONS. RECORD INFORMATION SHORN HEREON FAX: (30) 443-9830 FAX: (303) 776-4355
IS BASED ON INFORMATION PROVIDED BY CLIENT. m,.w.Flmvonda.tom
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. 3219361 09!18!2004 11.61A Weld County, Co
1 of 3 R 16.00 D 120.00 Steve Moreno Clerk&Recorder
361
WHEN RECORDED RETURN TO:
Name: Western Equipment&Truck,Inc.,a Colorado Corporation
ddress: 2055 1st Avenue
Greeley, Colorado 80631
b t4 120,00
WARRANTY DEED
THIS DEED,made this 14th day of September,2004,between Richard L Wolf and Bernice G.
Wolf a corporation duly organized and existing under and by virtue of the laws of the State of,
grantor,and Western Equipment&Truck,Inc.,a Colorado Corporation whose legal address is,,
,grantee:
WITNESSETH, that the grantor, for and in consideration of the sum of $1,200,000.00, the
receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and
• conveyed, and by these presents does grant,bargain, sell, convey and confirm,unto the grantee,
his heirs and assigns forever, all the real property, together with improvements, if any, situate,
lying and being in the said County of Weld and State of described as follows:
See"Exhibit A"attached hereto
also known by street and number as:
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, 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,his heirs and assigns forever. And the grantor, for itself,and its
successors, does covenant, grant, bargain, and agree to and with the grantee, his heirs and
assigns,that at the time of the ensealing and delivery of these presents, he is well seized of the
premises above conveyed,has good,sure,perfect,absolute and indefeasible estate of inheritance,
in law,in fee simple, and has good right, full power and lawful authority to grant, bargain, sell
and convey the same in manner and form as aforesaid,and that the same are free and clear from
File Number: 20043036 STEWART TITLE
Stewart Tide of l.arimer County,Inc. ")3 U
• Warranty glof Deed(Corporation) yt' ..
Page l of 3
11111111111111111111111 1111111II 11111111011111111111111
3219381 09/1612004 11:641 Weld County,CO
apof 3 R 16.00 D 120.00 Steve Moreno Clerk&Recorder
all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and
restrictions of whatever kind or nature soever,except
General taxes for 2003,payable in 2004,and except restrictions,reservations,rights of way,and
easements of record,or in place.
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained
premises in the quiet and peacable possession of the grantee,his heirs and assigns,against all and
every person or persons lawfully claiming the whole or any part thereof. The singular number
shall include the plural,the plural the singular,and the use of any gender shall be applicable to all
genders.
IN WITNESS WHEREOF,the grantor has caused its corporate name to be hereunto subscribed
by its President, and its corporate seal to be hereunto affixed, attested by its Secretary, the day
and year first above written.
Richard L. Wolf and Bernice G. Wolf
ByC �jys� (/ �J,P/L4uc.•e. i
i•
STATE OF Colorado
COUNTY OF Weld
The foregoing instrument was acknowledged before me this 14th day of September,2004,
by Richard L. Wolf and Bernice G. Wolf
My commission expires December 19,2006. Witness my hand and official seal.
(6„‘"3P/45•Y iCA �(L t \r/ �ypTARY'•;
Notary Public S r ehbiel i --—. i
OF CO-
Vile Number: 20043096
Stewart ride of Lamer County,Inc
Warranty Deed(Corporation)• . .
Page 2 of 3
• •
IIIIII 1111 11111 IIIII gill III 1111111 III IIIII IIII IIII
•19361'' 09118/20$ 11:54A Weld County, CC
of '3 R 16.00 0120.00 Steve Moreno Clerk&Recorder
EXHIBIT"A"
Parcel 11:
All that part of the NEl/4 of Section 31,Township 4 North,Range 66 West of the 6th P.M., lying
South and East of the right of way of the main canal of The Fanners Independent Ditch
Company,as now constructed over and across said NE' .
ALSO
The SE1/4 of Section 31,Township 4 North,Range 66 West of the 6th P.M.,County of Weld,
State of Colorado.
Together',with 14 shares of Farmers Independent Ditch, 15 shares of McKay Lateral,6 Irrigation
Wells 2 Domestic Wells and central Weld Water Tap.
•
Fee Number; 20043036
Stewart Title.'of Lapnwr County,Inc.
Warranty Dad(Corporation)
ill Page 3 of
•
B 1139 REC 02081189 12/18/86 10:58 $9.00 1/003
AN2081189 — F 0544 MARY ANN FEDERSTEIN CLERK g RECORDER WELD CO, CO
• • WARRANTY DEED
THIS DEED,Made this nth day of Noverb r ,19 86 , •
between rThe City of Thornn to
4 as°vY organized and existing order and by virtue of the laws of the Since
of !Colorado • .smarter.aid 'Shaba Documentary eFFeep
Richard L. Wolf and Bernice G. Wolf Date Dec_141.9.6
W110.54'legal address is
Route 1, Box 74 W., Ault, Colorado. 80610
of tit 'County of Weld and Sear.of Colorado.grantees:
WITNESSETH: That de grantor,for and in consideration of the sum of $460,000.00 -
DOLLARS,
me receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conve/ed,and by these presents does
. granr,bargain,sell,convey and confirm unto the grantees,not in tenancy in common but In joint tenancy,the survivor of them,their
assigns and the heir and assigns of such advisor brevet,all the real property.together wit improvements,if any,shrive,lying and
Ming in the *County of Weld and Some of Colorado,deaaibed as follows:
See Exhibit "A" attached hereto and incorporated .
herein by reference
DF
$46.00
also known by sane and number as
TOGETHER with all and singular thehereditamentsand appurtenances thereunto belonging,or in anywise appertaining,and the
(evasion and reversions.remainder and remainders,tens,Issues and profits thereof and all the estate.right.tide,interest,claim and
demand whatsoever of the grantor,either in law or equity,of.in and to die above bargain premise,with the.hereditament,and
• appurtenances
TO HAVE AND TO HOLD the said premises above bargained and described.with the appurtenances,unto the grantees,the
awaiting of them.their assigns,and the heirs and assigns of such survivor forever.And the grantor,for Itself,itiguussonand assigns,
does covenant,pant,bargain and agree to end with the grantees,the suMsmof them.their the hein and assigns of such
survivor,that at the time of the unsealing and delivery ofthese presents.it is well eeirede(t the premises abort conveyed,has good.sure,
perfect.absoluseand indefeasible arm ofinheritance,in law,in fee simple,and has goodeight.fullpoeerardlawfl authority ropant,
bargain,sell and waeythesame in manner and forma aforesaid.and thatthe tune are tee and cleafmmall former and ahergnns,
bargains,sales,liens,taxes,ssscssments,encumbrances,and restrictions of whatever kind Of nature sower,except
. See Esdnibit "B" attached hereto and inmipbrated.herein by ref ence
The grantorshall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable
posses{toa of me grantee,the survivor of them,their heirs and the heirs and assigns of Mal sunlit%against all and every person or
::pessen(law.foITyleinuing,the whole oranyperttoreof Thesingular number shall include Mentors],the plural the slogulan and themehiaoY$en(a4alfbe applicable to all genders. Mayor
RYWnWIFIRYMEREOR The said grantor haausedis corporate namewbehereugtosubecribedbyits NIDd99t
+,.:and its rotpomte jnl':to be hereunto affixed.attested by is Scam,,du dry and year first above veinal.
Attire; )::. •=- ,.,, - City Clerk,L. er,'/,, '•� rmaa� City Clerk
By
yon
STATE OF COLO44w J
In,
County of J
The foregoing ioswmeatvas ackvow before me in the County of ta dd�s
Sore of Colorado,this X39`- del or49e j?1o� al..g{244y"'4i er
a n6otmmt and y •y, .e. _ a of
nli
'Mmes my band and seal. •
My commission expires „�ys/�1y,.t+ -r�actrsu/ /7/91,
,ii,info //LcnUiV
wwyrw&
^ 9Sro f� i de.-r2v 4t
• IfinDave matre"ol ad.' Aer few
No.929.Rev.741. WARR/Sit DUO(U.Mav rains n,ul Iadfond row:a.oz W.Wrnc.Laaraeed.a)Was—pap 233490, 1.94 O
a.
• •
• 1139 REC 02081189 12/18/86 10:58 $9.00 2/003
0545 MARY ANN FEDERSTEIN CLERK & RECORDER VELD CO, CO
EXHIBIT A
All that',part of the NE/4 of Section 31, Township 4 North, Range 66 West of the 6th
P.M., lying South and East of the right of way of the main canal of The Farmers
Independent!Ditch Company, as now constructed over and across said NE/4.
ALSO
The SE/4 of Section 31, Township 4 North, Range 66 West of the 6th P.M.
TOGETHER, WITH all water, water rights, ditches, ditch rights, laterals and lateral
rights,'wells and well rights, decrees, adjudicated appertaining or otherwise thereunto
belonging to the Seller, and historically used on the property including, but not by way of
limitation, the following:
Fourteen (14) Shares Partners Independent Ditch
Fifteen(15) Shares McKay Lateral
WELLS: Pump. No. Depth Horsepower GPM
1 Sump 5
2 90' 15 800
• 3 81' 15 760
4 Sump 1-1/2
5 60' 20 870
6 Booster for Ditch 20
Water
7 57' 15 765
8 91' 20 1000
9 59' 15 660
Two domestic wells - one at each set of improvements. The
domestic well at the main set of improvements also supplies the
cattle pens and hospital arena.
TOGETHER WITH ell of the Seller's right, title and interest in and to all minerals and
mineral rights, including oil, gas, gravel, and other minerals, located in, on, or under the
surface of the Property.
TOGETHER WITH all of the Seller's right, title and interest in and to easements, rights-
of-way, and rights to same belonging and inuring to the benefit of the Property, and in
and to all strips and gores of land lying between the Property and adjoining property of
streets, roads, or highways,open or proposed.
•
"y
•
• 8 1139 EEC 02081189 12/18/86 10:58
F 0546 MARY ANN FEOERSTETN CLERIC
3/003
K 6 RECORDER WELD CO, CO
EXHIBIT B
EXCEPTIONS
All restrictions, reservations, or exceptions contained in any United States or State of
Colorado Patents of record; all oil, gas, or other mineral leases, reservations, or
exceptions'of record; and except eny easements and/or rights-of-way which would be
apparent from a visual inspection of the Property,or of record.
•
•
j -.
• _AR2081188 8 1139 REC 02081188 12/18/86 10:58 $9.00 1/003
F 0541 MARY ANN FEUERSTEIN CLERK b RECORDER WELD CO, CO
WARRANTY DEED
THIS DEED,Mode this 13th day of NOventer .1986
lame" Part Farms Caipany
II tarpaulin.duly organized end eabunn ender toed by vine of the aws of the Stare '
Colorado p•a"•.ad The City of Thornton
o commotion duly opened ad existing under sod by mimic of dr hws d da Sma
of Colorado llornall aama 1x91 edd:ea b9500 Civic Center Drive, Thornton, CO
80229
WmutsteTN.wt do von*.brad inaw"idcm alin lbo aline we of $460,000.00
DOLLARS.
Ow now;and safdtieleyafpdthh Olanby uebanidpd.haGaawJ.to plad.nldgScmwped.and bydanpmpudoapmt.bapin.tel.
convey adcoolm.coin dog m,e.he me w%adap:gn Coma. aheml property together wahimposmnw.Eap.sWem.lying and being
in the •Cam of Weld Md Sae ofColmdo.dvuecdw fdlws:
See Exhibit "A" attached hereto and
incorporated herein by reference
me known by Nuad number=
TOGETHER.with all tend Jhgahr dm brdhanara,mod appmnanea a..amam bmadh,or M enrolee appertaining.mid the menlon one
ma'am.amaldaadmnaldm.tpa.iwcsatdpMrthaWOaddldmaaam.nph.t le.lmemt.clalmaddanatdwhauaaadlnegmmr.
eaba b m*or equiv.oL M molt*the abou b"potcd pumhw.wM tM hualaaea and oppmnae..
TO HAVE AND TO HOLD the Grid onmim mow baldal mad des:A..w b da appmenaam.moo Me pate.m successors and idpm
Fwnr.Adthegnsmr fix iuA ustmeoemmaWba.doawao .poa.bapdu adugroo toned whh tbepmne.iapawas and aslps.
0a and then of thesmdlar mdd<fiwp of Lam pram.It is well seleml lb Fondue abwn annyvd.his gtod.sae,paten,obsoletcnd
iodnrealble mutafbhafmae.I. tat almplo.Rd bagaddgm.fullpwerad tmMaulhaip to wag.tarpnn.rJladcomef the',mein
mfnterad WmatotpN.ad dm Gramme awftauddmm(mean fwxradahergaa.bagaim.Mrs.1km.ncc oacamuac laumbnnces
end tenrmlom of whaamr bbd or auto sanr.nap
See Exhibit "8't attached hereto and incorporated herein by reference.
anddenbo.a btplmdp"mbeo lndr galetadµacable pmecem ofthpmca.Item-cameo and add npkedlad every person otPnom
lawfully claiming or to dim the meb or any pan toad.the pmdrdall ad ME WARRANT AND FOREVER DEFEND.
IN WRNFSSWNEREOP.Tbegnuorbm modus eaporaeromonbhanammbmribdby he pnddw.and ltscapamc
:al to be hereunto affixed.emend b.Its torture the eel n d boar Ant ahem*clam
Aiwa:
\Sat Alie PARR FARMS OtdPNY, a Colorado Corporation
lT \ \ of -71-
,•. hay �un
< 4
STATEOF COLD$D0.
O;
,'Ce; Wald d.
The fonventlm"otau a atawkdpd bean me to to I Courtly w Weld .Sonic
Colorado .told. 13th ore November .19 86 by
We. EC Pc u pinkest ad Robert h ke1 Erg
a Asst. screwy or FARR PARIS COMPANY .aataaaron.
My commission mdlm Feb. 26, 1987
mooseW'8vt"•rofod sak vy/.'/'l e q'�
'p� ,....�... 7'., Y/ cow raw
c.
@it VSIIA4:flii Sin- 1111 10 m th Apolo
\. -? .tore.
'4 by .'. e:;:§ Greeley, CO. 80631
No.76JRnl:S eit#A1lL\Nle am'<w,v.a+Is Mpdam eM4t hmNM.AJ.S a An.Waal.CO MN—1101I MOW JM el
.
B 1139 REC 02081188 12/18/86 10:58 $9.00 2/003
F 0542 MARY ANN FEDERSTEIN CLERK & RECORDER WELD CO, CO
EXHIBIT A
All that part of the NE/4 of Section 31, Township 4 North, Range 66 West of the 6th
P.M. lying South and East of the right of way of the main canal of The Farmers
Independent Ditch Company,as now constructed over and across said NE/4.
ALSO
The SE/4 of Section 31, Township 4 North, Range 66 West of the 6th P.M.
TOGETHER WITH all water, water rights, ditches, ditch rights, laterals and lateral
rights, wells and well rights, decrees, adjudicated appertaining or otherwise thereunto
belonging to the Seller, and historically used on the property including,but not by way of
limitation,the following:
Fourteen(14)Shares Farmers Independent Ditch
Fifteen(15)Shares McKay Lateral
WELLS: Pump. No. Depth Horsepower GPM
1 Sump 5
. 2 90' 15 800
3 81' 15 760
4 Sump 1-1/2
5 60' 20 870
6 Booster for Ditch 20
Water
7 5T 15 765
8 91' 20 1000
9 59' 15 660
Two domestic wells - one at each set of improvements. The
domestic well at the main set of improvements also supplies the
cattle pens and hospital arena.
TOGETHER WITH all of the Seller's right, title and interest in and to all minerals and
mineral;rights, including oil, gas, gravel,and other minerals, located in, on, or under the
surface of the Property.
TOGETHER WITH all of the Seller's right, title and interest in and to easements,rights-
of-ways and rights to same belonging and inuring to the benefit of the Property,and in
and',,to'all strips and gores of land lying between the Property and adjoining property of
streets,'roads,or highways,open or proposed.
•
• •
• •
• •
}3 '1139 REC 02081188 12/18/86 10:58 $9.00 3/003
F 0543 MARY ANN FEDERSTEIN CLERK & RECORDER WELD CO, CO
EXHIBIT B
EXCEPTIONS
All restrictions, reservations, or exceptions contained in any United States or State of
Colorado Patents of record; all oil, gas, or other mineral leases, reservations, or
exceptions of record; and except any easements and/or rights-of-way which would be
apparent from a visual inspection of the Property,or of record.
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apDil9dpeae r
- R town N..:_2B3 tin__ _,pall. ��._ _=.
' eau118? ;ud5tSi
Tins Deem,W'a M• first arel July a M oe per el m use
•I? ,me liners ea.hatde s use forty-aix bowie,
.,'i. FOR ?ARM& COMPANY, a partnership,
Coady d Weld M auto d welts of Mr Arol ma.604
PARR FARMS COMPANY ;R'•
a caveman
l 1 .unlnd use ninths andn and try clew,of Arlan,M lM Rua ra of Colit° . •of the'trona pent
i'Pc': W ITNalu That the told part y of IM Art raa In and?ran-NeWn of
DOLLARS.
,ry; other valuable considerations and One Thousand -
tolh...nIn.y el Me in.pan a bind pill by Me and Pall?conveyed.
IM ..tn4 pan.Mundy wbiai Is ;d
�I i mil r mnlrw4 e4 rlmw:acM,in I tnnleb MywaA sal owl meepA lml b thew roman MOO '
bran sell,pan red norm.onto Ihr mild party a Mr trend pub la intonate- .mid auto honer. 1
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al nwle Mt Inll AnlrlMd b rat petrel of
. a el Lend,shale.flat owl bias h the roomy
f. .4 Weld rwdnm.or ti•anAq lmwOp
` The Southeast Quarter (BE}) of Section Thirty-one (31),
Tow chipIf ,Four (le) rowit, Range sixty-sixes of t;eoot ofit the
' stock
P. H., together, with dent (i)) shares of Ilethe ethyeral
t�� atock of ent's, a Independent Ditch editonellta here, v1Lh �0�
�1 I all tenoning., nd all ianoea and he thereon,
tthereunto
npperonining, oust all lipped electric
thereon including par- I,
tiaulllrly two fully equipped electric pumping:plenty for 1
SrrlRntlon �` t dl
ill -.; ^,1. a dl t!,. r •. _.
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y tt 4 �t
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d'i ;' ' '.p t r. .
III. , u{ I, I .l''il f,:, f t
TooxTIIxa nkb all and dnpar the Anedlu Soto and appwanlnea Ibran ai befendl.e,M M serval
Nd .1 Iml pm.II ',melon oan a d',mina.ern alndn and reoMMAn1 tans. Wiwi Ad keg"thumb and on I
1 , Ili.tmda rabbi glib.(morn,claim aM depend wi Musser of IN nil pall r y of Ib,b1 Pseb.Ilhn I,law t
` l ,.n Iy,MO.and In Mr alert Intl pronto,with lhrl MII menu and aNmn urn.
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TO Il AYR AND TO IIOI•D the mld maths Aare bpluMlni drfetllyd,yflth theennui Wile..ml•Ile,
:1 : ...MI nun of Ow second pal.hr,urine a awl anon.borne. Anal the tall itni y of the.heal pall,la p
. f 1' It elf p it daM.,nnata..old edmlolmaet.Mt 00 eoornanL Aunt ha,P hh i
ln and In OM w
ton paid melt of the amid pt.In anrr,n.,seal s ni pb the In lb•Ilene.f Ihr'itwann.and dellWn ell lion
,t I —noo it 1e well,lee 4 the pea,thaw amend.ha of Rood owe.pedal,obdne and
h( i delarele route at Irbotnas III law.In Ice single.and h n mood lad' Inn peer and uwlsl apdeNy to
O.
n bargain..MI rod moony the town In mans tad Ire to 1 eaald.and.Ill lie nr r on ,tine and ta loom
I ll loon and.ohm grant..bwtaln..inter.Rani,WO.tttttt Mali and Metmbrant».4 wletnn Hod a.ewe
.n, "'abject to exlnting eseements and rights of tiny and reserve- f
Lion, in deede of Union Mario Reilraad:QDmpa1y, I
k `
.d the h.rnaM pml.n a the gain and pnpbir natation or the NO pull of IM mieond pan.Ito
•.ad tonne spina ill and any poor a t VM1 lawfully ealaaA et In Bala the whale a toe pat
d thereof,doe told pets y of Se Mgr peel that and wan WARRANT:AND NaRRVNR DEFEND.
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IN WITNxee WHEREOF,mm toll put 7 'oldie flat rat Na bethink al ita- bud
r A .ml gal Mein and>neb •ba.t wdtun '. - I
sled•sided and Downed In the Ventura) I TARR-FARMS COMPANY, I ✓
A PerLners)tip•._ .. ._lsxAla ,
-- I tj rX i'1' u.t.leRALI
Dyfl D. r . kill, I
I• rdATIt 011 COLORADO. I14 'Partnersp Thereof
• Croton Weld
e fenpainabatmmt one wbmdn ltd Won me in .ramp JY17-
GS i t,,di Td , Ramp.W Farr and William Q , partner. of FARE FARM? •
•Y *mod aaloadal.wL i'a partnership.
apb`atelm _ w ,f/nil
lyupnNd6n'alai Aw 1.3 SMS I _
sal . wa FaneotAm,-rrnowtonaa
•r I `�g` --- dM.naaMWw.MONVIehWYw1aaanYY..talFaiSnbm.N.
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