HomeMy WebLinkAbout20073047.tiff , . • •
CERTIFICATE OF CONVEYANCES WELD COUNTY
• STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
The STEWART 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:
Lot B of Recorded Exemption No. 1057-22-4-RE 2067 recorded September 23, 1977
at Reception No. 2570335, being Part of the S1/2 of Section 22, Township 4
North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado.
CONVEYANCES (if none appear, so state):
Reception No. 1508710 Book 587
Reception No. 1767915 Book 846
Reception No. , Book
Reception No. , Book
Reception No. Book
Reception No. Book
Reception No. Book
Reception No. Book
•
The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado.
This certificate is not to be constructed as an Abstract of Title nor an opinion of Title, nor a guarantee Title and the
liability of STEWART TITLE OF GREELEY COMPANY, is hereby limited to the fee paid for this Certificate.
In Witness Whereof, STEWART TITLE OF GREELEY COMPANY, has caused this certificate to be signed
by its proper officer this 4th day of June , 20 07 , at 7:45 A.M.
Company: STEWART TITLE OF GREELEY
By:
Authorized Signature
•
-8-
2007-3047
•
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.4 I _B911ShQ8te too.. ._.�_._.._ _..___.__...._., a capentlee I am
• duly espd.d sad Wades wider rd by wbtw of the laws of the State s4 Coloreds, lot and la eerld'
Ca .............••••••••••••••••••••••••••••••
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mothgtooed and valuable consiM7et/0ft9mm Gotten la hand paid,don hereby w0 ed Minn u
re
j ti Elisabeth Alfas
} - the Canty Weld _.sad State of Colman;tin following real property —_- a,
d co o, of a+ ••r
Amato la the Gentry of -W!L?�_._.___..._.___-___.ad van el Calwrde, $ '•
bs-wht o
r• All that part of the 0 1/2 of Section 22, Township 4 North, Range 66 West d the 6th , .. o
? .w P.M.; described as follows; beginning at a point 1188 lest W. of the SE corner of o ,.
'- o said Station 22;thence W. to the L'rht Pacific Railroad Company r14ht-of-way; thence o
�. c Northeasterly along the right-of-way a/ the Union nettle Railroad Company to tM N.
P
line of the SE 1/4 tf said Section 22; thence E. to a point which is distant 1168 feet W. I, o
from the NE canter of said SE 1/4 of said section; thence S. 2640 feet, more or lass, to •
rp the point of beginning, sxoepting therefrom that certain parcel described as follows: •
2$
;II Commencing at the SW corner of said Section 2I; thence Rath 90'00'00' East along the •
�,. ,•- South line of said Section 22 a distance of 1,992.43 feet to• point on the easterly right'
of-way line of the Union Pacific railroad, said point being the True point of beginning Y< -
thence North 41'44'00'East along the Union Pacific Railroad right-of-way a distance tat' •
1,509.68 feet;thence South 48'16'00" East 140.00 feet; South 41'44'00•West 140.00 I
r. feet; South 46'03'00' East 73.49 feet as measured along the chord of•curve to the `
- •
right having a radius of 950.00 feet; South 46'10'00" West 62.59 feet; South 43'51'20 I
East 5.89 feet;South 46'33'20" West 77.44 feet; South 39'3040'West 60.50 feet: 9.42
South 47'08'00'West 85.71 fast; South 40'13'20" East 17.00 feet; South 48'38'40"
West 73.72 feet;South 39'0740" West 60.95 feet; South 49'46'40" West 79.68 feet; '
South 35'54'00" Last 60.35 feat; South 24'08'00' East 120.35 feet; South 08'0240' East t,
120.35 fedi North 90'00'00' West 60.00 feet; South 00'00'00" East 220.00 feet to a Ir
point on the South line of said Section 22; thence North 90'00'00"West along the r
South line of said Section 22 a distance of 733.85 feet to the True Point of Beginning; z
Containing 53 acres, more or lass,
with all water rights an all weile and equipment used far the irrigation of said
'Tpp�t}ra( �ji and tat Ageless a
was eEka sppart sans,"°� `at tide to same, Kt to _ w ._
(1) 1967 taxes due and payable in 1968, and future mints of Northern Colorado ' I
Water Conservancy District; (2) Rights of way or other easements as granted or reserved,
by instruments Of redid or as now existing al said premises; (3) Any and all reservations,.
a limitations, conditions and exceptions contained in instruments el record which in any was
• ,reeltattee ttoo o burden the above bb5aarrggaaiisne�d�ppremi�sess(�4) That certain Amortisation Mortgage
. R��'fN W277eZ �m+a a73h666 �d,tYeLllt fe Ee sae•to be hereunto subscribed
t` "r by its ?seed/b corporate sale t be hereu
nto affixed,and attested by Its Secretary this .
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The fargotog Yon amsnt was acknowledged before me th4.._.....__Ir..�_.._._.._. day of .,..
I ♦ �t Ys /r r y s D. 19._7—,by__.WI pith 4.l9.R.._. ...._. u n
Mi... Lite.MthAl16J...._.._.._ _.._.._.._.._.._....___._..___as Secretary of • i ita r . 1m. �._._.._... • corporation. a
v
1. •4(04.04•? NT MS lad official mat ♦
j bikesati Oomatuou lapin MA'AM 1%19114 500.4p y I
• I lam . ltnt\t'' - .. .. N.,.n Tagil ' - 41
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• star eseri
) &16 'nits .—S2�`Y3 1°`w i . M 1 .. ___..EP 2 7 1978
RereptMe R J. _ ___.',QAT ANN lllleaSTfl£d_Recorder. • i
,� (.
THIS DEED, Mseethta /`+ dual September .Ie 78,
'
ON . between Elisabeth Allea
i •fthe County of Weld and stele or
'.t •Colorado,efthe Dnt part,and
P—
Southgate, Inc., a Colorado Corporation
P.* wheeelegal address is e/o Willard J. Apses P.0. Box 59, Cllr sera t, CO 80623
e Ott* County of Weld rand slatr of
L Colorado.of the second part,
.O WITNESSETH,That the sold part y of the first part.fur and in consideration of the sum of
N Other Good and Valuable Cone ideration, and Ten and no/100
ie N/M said party tithe first part In hand paid by the saidperthe DOLLARS,
y d f the QUITCLApartItED,r and
lyhereof
O u hereby confessed and arknewbdaed,hoe remised,released.sold.conveyed and QUIT CLAIMED,and by thou
.. presents does rends*,release,sell,tonvey and QL'IT CI.A I M unto the said pert y of the second part,its heir,,
aseawsen and udane,forarv,all the light,tlue.Interen,deim and demand which the said party or the fiat part p he a In and to the following described lot crossed of lend situate,lying and being In the County
A of Weld end State of Colorado,to wit:
na That part of the South Half (51/2) of Section Twenty-two (22), in Township Four f
(4) North, Range Sixty-six ('66) West of the 6th P.M., County of Weld, State of .. t
Colorado, described as follows: i
Beginning at a point 1188 feet distant West from the Southeast corner of said
Section Tventy-taro (22);
thence running along the South line of said Sectiun to the right of way of The
Union Pacific Railroad Company;
' thence running in a Northeasterly direction following the right of way of the
Union Pacific Railroad Company to the North line of the Southeast Quarter (SE1/4)
of said Section;
thence running East on the North line of said Southeast Quarter (551/4) to a
point which is distant 1188 feet West from the Northeast corner of said Southeast
•
Quarter (SE1/4) of said Section;
thence running South 2640 feet, more or less, to the Point of Beginning, EXCEPT
all that part of said land lying in Southgate, a subdivision of the County of
Weld, State of Colorado,
also known as street and number
TO HAVE AND TO HOLD the Name,together with all and singular the appurtenances and privileges thereunto
• belonging or In anywise thereunto appertaining,end all the estate,right,title,Interest and claim whatsoever,of the 'said part y of the lint part,either In law or equity.to the only proper use,benefit and behoof of the maid party of
theaeeond part, its heirs and assigns forever,
IN WITNESS WHEREOF,The said party of the first part has hereuntonet her hand
and seal — the day and year first above written. /(_.
Sianod,Sealed and Delivered in the Presence of e eth A�iee O OP
iv !SEAL)
/a
No --JSEALJ
CDr ',SEAL]
•
,SPATE OFCOLORADO, --- ]SEAL) '
M County of Weld u. I( ` _.
The m foregoing was before me t him �Q day of September
IS 78,by Elizabeth Alias,
Mr commission expires Q ,Isle .Witness my hand and officialsemi. Mosey Public
,c., . .. _j
4 9••pUO0\a:oo� , •
•
` No.us eVITCLA sseaa.dll.tam Oen anrhre resu.e er u n
,r .0 .m......,Den...Colo r 10111-4.72
t,n .
5�4.a R
• Kreps Wiedeman Auctioneer*
& Real Estate, Inc.
2221 2nd Avenue
Greeley, CO 80631
• Phone: 970-3563943, Fax: 970-356-8344
I The printed portions of this form, except differentiated additions,have been approved by the Colorado Real Estate Commission.
(CBS 1-10-06)(Mandatory 1-07)
I
2 ' THIS 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)
7
Date: March 13, 2007
8 Purchase Price: $ 230,000,00'
9
10 1. AGREEMENT. Buyer agrees to buy, and Seller agrees to sell,the Property defined below on the terms and conditions set
11 forth in this contract(Contract).
12 2. DEFINED TERMS.
13 a. Buyer. Buyer,
Ronnie Schwindt
14 Colleen Schwindt
15 will take title to the real property described below as ® Joint Tenants ❑ Tenants In Common O Other
16 n/a
17 b. Property. The Property is the following legally described real estate in the County of Weld
18 Colorado:
19 Lot B of Recorded Exemption 1057-22-4RE2067, being part of the South Half of Section 22, Township 4
• North, Range 66 West of the 6th P.M.
20 known as No.
2l vacant land
22 Street Address City State Zip
23 together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto, all interest of
24 Seller in vacated streets and alleys adjacent thereto, except as herein excluded.
25 c. Dates and Deadlines.
26
Item No. Reference Event Date or Deadline
I §4a Alternative Earnest Money Deadline n/a
2 §5a Loan Application Deadline n/a
3 § 5b Loan Conditions Deadline n/a '
4 § 5c Buyer's Credit Information Deadline n/a
5 § 5c Disapproval of Buyer's Credit Information Deadline n/a
6 § 5d Existing Loan Documents Deadline n/a
7 § 5d Existing Loan Documents Objection Deadline n/a
8 §5d Loan Transfer Approval Deadline n/a
9 §6a(2) Appraisal Deadline n/a
10 §7a Title Deadline March 30, 2007
11 § 8a Title Objection Deadline April 13, 2007
• I2 § 7c Survey Deadline Survey completed
13 §8c(2) Survey Objection Deadline March 30, 2007
14 § 7b Document Request Deadline April 06, 2007
'REPARED BY:Terry L.Wiedeman,Broker Associate
:BS 1-10-06,Contract to Buy and Sell Real Estate(All Types of Properties).Colorado Real Estate Commission
lealFAST®Software,O2007,Version 6.16.Software Registered to:Robed D.Kreps,Kreps Wiedeman Auctioneers 8 Real Estate,Inc.
luyer(s) 03113107 08:38:33 c^ ^Page 1 of 11
15 § 7d(5) CIC Documents Objection Deadline n/a
16 § 8b Off-Record Matters Deadline March 30, 2007
• 17 § 8b Off-Record Matters Objection Deadline April 13, 2007
18 § 8f Right Of First Refusal Deadline n/a
19 § 10a Seller's Property Disclosure Deadline n/a
20 § 106 Inspection Objection Deadline April 30, 2007
21 § 10c Resolution Deadline May 10, 2007
22 § 10d Property Insurance Objection Deadline April 13, 2007
23 § 12 Closing Date To be determined
24 § 17 Possession Date To be determined
25 § 17 Possession Time at closing time
26 § 29 Acceptance Deadline Date March 16, 2007
27 § 29 Acceptance Deadline Time 5:00 p.m.
n/a n/a n/a n/a
n/a n/a n/a n/a
27
28 d. Attachments. The following are a part of this contract:
29 n/a
30 Note: The following disclosure forms are attached but are not a part of this contract:
31 n/a
32 e. Applicability of Terms. A check or similar mark in a box means that such provision is applicable. The abbreviation
• "N/A" or the word"Deleted"means not applicable and when inserted on any line in Dates and Deadlines (§ 2c), it means that
the corresponding provision of the Contract to which reference is made is deleted. The abbreviation "MEC" (mutual execution
35 of this Contract)means the latest date upon which both parties have signed this contract.
36 3. INCLUSIONS AND EXCLUSIONS.
37 a. Inclusions. The Purchase Price includes the following items (Inclusions):
38 (1) Fixtures.If attached to the Property on the date of this Contract, lighting, heating, plumbing, ventilating, and air
39 conditioning fixtures, TV antennas, inside telephone wiring and connecting blocks/jacks, plants, mirrors, floor coverings,
40 intercom systems, built-in kitchen appliances, sprinkler systems and controls, built-in vacuum systems (including accessories),
41 garage door openers including n/a remote controls; and 0
42 n/a
43 (2) Personal Property. The following are included if on the Property whether attached or not on the date of this
44 Contract: storm windows, storm doors, window and porch shades, awnings, blinds, screens, window coverings, curtain rods,
45 drapery rods, fireplace inserts, fireplace screens, fireplace grates, heatin stoves, storage sheds, and all keys. If checked, the
46 following are included: 0 Water Softeners 0 Smoke/Fire Detectors LI Security Systems 0 Satellite Systems (including
47 satellite dishes).
48 (3) Other Inclusions.
49 n/a
50 The Personal Property 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
52 n/a
53 Conveyance shall be by bill of sale or other applicable legal instrument.
54 (4) Trade Fixtures. With respect to trade fixtures, Seller and Buyer agree as follows:
55 n/a
56 The Trade Fixtures to be conveyed at Closing shall be conveyed, by Seller, free and clear of all taxes(except personal
57 property taxes for the year of Closing), liens and encumbrances, except
58 n/a
59 Conveyance shall be by bill of sale or other applicable legal instrument.
0 (5) Parking and Storage Facilities. 0 Use Only 0 Ownership of the following parking facilities:
n/a •
and 0 Use Only 0 Ownership of the following storage facilities:
63 n/a
64 (6) Water Rights. The following legally described water rights:
PREPARED BY:Terry L.Wiedeman,Broker Associate
CBS 1-10-06,Contract to Buy and Sell Real Estate(All Types of Properties).Colorado Real Estate Commission
RealFAST®Software,O2007,Version 6.16.Software Registered to:Robert D.Kreps,Kreps Wiedeman Auctioneers&Real Estate.Inc.
03/13/07 0833:40 Page 2 of 11
65 One (1) irrigation well, augmented with Central Colorado Water Conservancy District
0 Any water rights shall be conveyed by general warranty deed or other applicable legal instrument.
The Well Permit # is 2526F
(7) Growing Crops. With respect to growing crops,Seller and Buyer agree ase follows:
69 Seller to retain Landlord's share of farm lease
70 b. Exclusions. The following items are excluded:
71 none
72 4. PURCHASE PRICE AND TERMS. The Purchase Price set forth below shall be payable in U.S. Dollars by Buyer as
73 follows:
74
Item No. Reference Item Amount Amount
I § 4 Purchase Price $ 230,000.00
2 §4a Earnest Money $ 1O,000.00
3 §4d(1) New First Loan n/a
4 §4d(2) New Second Loan n/a
5 §4e Assumption Balance n/a
6 §4f Seller or Private Financing n/a
7 n/a n/a n/a n/a
8 n/a n/a n/a n/a
9 §4b Cash at Closing 22O,000.00
10 TOTAL $ 230,000.00 $ 230,000.00
• Note: If there is an inconsistency between the Purchase Price on the first page and this § 4,the amount in § 4 shall control.
76
77 a. Earnest Money. The Earnest Money set forth in this section, in the form of check ,
78 is part payment of the Purchase Price and shall be payable to and held by Kreps Wiedeman
79 (Earnest Money Holder), in its trust account,on behalf of both Seller and Buyer. The Earnest Money deposit shall be tendered
80 with this Contract unless the parties mutually agree to an Alternative Earnest Money Deadline (§ 2c) for its payment. The
81 parties authorize delivery of the Earnest Money deposit to the closing company, if any, at or before Closing In the event Earnest
82 Money Holder has agreed to have interest on Earnest Money deposits transferred to a fund established for the purpose of
83 providing affordable housing to Colorado residents, Seller and Buyer acknowledge and agree that any interest accruing on
84 the Earnest Money deposited with the Earnest Money Holder in this transaction shall be transferred to such fund.
85 b. Cash at Closing. All amounts paid by Buyer at Closing including cash at Closing, plus Buyer's closing costs,shall be in
86 funds which comply with all applicable Colorado laws, which include cash, electronic transfer funds, certified check, savings
87 and loan teller's check and cashier's check (Good Funds).
88 c. Down Payment Assistance;Seller Paid Costs. Seller,at Closing,shall credit $ n/a to Buyer to
89 assist with Buyer's down payment. Seller shall also, at Closing,credit to Buyer the amount of$ n/a to assist
90 with Buyer's closing costs, not to exceed the amount due from Buyer for such costs. These amounts are in addition to any sum
91 Seller has agreed to pay or credit Buyer elsewhere in this Contract.
92 d. New Loan. [Omitted -Not Applicable]
93 e. Assumption. [Omitted -Not Applicable]
94 1. Seller or Private Financing. [Omitted -Not Applicable]
95 5. FINANCING CONDITIONS AND OBLIGATIONS.
96 a. Loan Application. [Omitted -Not Applicable]
97 b. Loan Conditions. [Omitted -Not Applicable]
98 c. Credit Information and Buyer's New Senior Loan. [Omitted - Not Applicable]
99 d. Existing Loan Review. [Omitted - Not Applicable]
100 6. APPRAISAL PROVISIONS.
101 a. Appraisal Condition.
1a ® (I) Not Applicable. This § 6a shall not apply.
IOW O (2) Conventional. Buyer shall have the sole option and election to terminate this Contract if the Purchase Price exceeds
104 the Property's valuation determined by an appraiser engaged by n/a
105 The Contract shall terminate by Buyer delivering to Seller written notice of termination and either a copy of such appraisal or
PREPARED BY:Terry L.Wledemen,Broker Associate
CBS 1-10-06,Contract to Buy and Sell Real Estate(All Types of Properties).Colorado Real Estate Commission
ReelFA$T®Software,O2007,Version 6.16.Software Registered to.Robert D. Kreps, Kreps Wiedeman Auctioneers 8 Real Estate.Inc.
03/13/07 08:33'.40 Page 3 of 1'
• •
106 written notice from lender that confirms the Property's valuation is less than the Purchase Price, received on or before
107 Appraisal Deadline (§ 2c). If Seller does not receive such written notice of termination on or before Appraisal Deadline
108 (§ 2c), Buyer waives any right to terminate under this subsection.
• ❑ (3) FHA. It is expressly agreed that notwithstanding any other provisions of this Contract, the Purchaser(Buyer) shall
not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfeiture of Earnest Money
1 I 1 deposits or otherwise unless the Purchaser(Buyer)has been given in accordance with HUD/FHA or VA requirements a written
112 statement issued by the Federal Housing Commissioner, Department of Veterans Affairs, or a Direct Endorsement lender,
113 setting forth the appraised value of the Property of not less than$ n/a . The Purchaser (Buyer) shall have the
114 privilege and option of proceeding with consummation of the Contract without regard to the amount of the appraised valuation.
115 The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban Development
I16 will insure. HUD does not warrant the value nor the condition of the Property. The Purchaser (Buyer) should satisfy
117 himself/herself that the price and condition of the Property are acceptable.
118 O (4) VA. It is expressly agreed that, notwithstanding any other provisions of this Contract, the purchaser (Buyer) shall
119 not incur any penalty by forfeiture of Earnest Money or otherwise or be obligated to complete the purchase of the Property
120 described herein, if the Contract Purchase Price or cost exceeds the reasonable value of the Property established by the
121 Department of Veterans Affairs. The purchaser (Buyer) shall, however, have the privilege and option of proceeding with the
122 consummation of this Contract without regard to the amount of the reasonable value established by the Department of Veterans
123 Affairs.
124 b. Cost of Appraisal. Cost of any appraisal to be obtained after the date of this Contract shall be timely paid by
125 0 Buyer O Seller.
126 7. EVIDENCE OF TITLE.
127 a. Evidence of Title. On or before Title Deadline (§ 2c), Seller shall cause to be furnished to Buyer,at Seller's expense,
128 a current commitment for owner's title insurance policy (Title Commitment) in an amount equal to the Purchase Price, or if
129 this box is checked, O An Abstract of title certified to a current date. At Seller's expense, Seller shall cause the title insurance
130 polio to be issued and delivered to Buyer as soon as practicable at or after Closing. If a title insurance commitment is furnished,
131 it L I Shall 0 Shall Not commit to delete or insure over the standard exceptions which relate to:
132 (I) parties in possession,
133 (2) unrecorded easements,
134 (3) survey matters,
135 (4) any unrecorded mechanic's liens,
I (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.
1 Any additional premium expense to obtain this additional coverage shall be paid by ® Buyer O Seller.
139 b. Copies of Exceptions. On or before Title Deadline (§ 2c), Seller, at Seller's expense, shall furnish to Buyer and
140 n/a ,(I)a copy ofany
141 plats, declarations, covenants, conditions and restrictions burdening the Property, and (2) if a title insurance commitment is
142 required to be furnished, and if this box is checked ® Copies of any Other Documents (or, if illegible, summaries of such
143 documents) listed in the schedule of exceptions (Exceptions). Even if the box is not checked,,Seller shall have the obligation
144 to furnish these documents pursuant to this section if requested by Buyer any time on or before Document Request Deadline
145 (§ 2c). This requirement shall pertain only to documents as shown of record in the offices of the clerk and recorder in the county
146 where the Property is located. The abstract or title insurance commitment, together with any copies or summaries of such
147 documents furnished pursuant to this section, constitute the title documents (Title Documents).
148 c. Survey. On or before Survey Deadline (§2c) O Seller O Buyer shall cause Buyer (and the issuer of the Title
149 Commitment or the provider of the opinion of title if an abstract) to receive a current O Improvement Survey Plat
150 O Improvement Location Certificate ❑n/a
151 ithe description checked is known as Survey). An amount not to exceed$ n/a for Survey shall be paid by
152 U Buyer O Seller. If the cost exceeds this amount, ❑ Buyer O Seller shall pay the excess on or before Closing unless
153 Buyer delivers to Seller before Survey is ordered,Buyer's written notice allowing the exception for survey matters.
•
154 d. Common Interest Community Documents.
155 0 (I) Not Applicable. This § 7d shall not apply.
156 (2) Common Interest Community Disclosure. THE PROPERTY IS LOCATED WITHIN A COMMON INTEREST
157 COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR SUCH COMMUNITY. THE OWNER OF THE
158 PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNER'S ASSOCIATION FOR THE COMMUNITY AND
159 WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. THE
160 DECLARATION, BYLAWS, AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL OBLIGATIONS UPON THE
161 OWNER OF THE PROPERTY, INCLUDING AN OBLIGATION TO PAY ASSESSMENTS OF THE ASSOCIATION. IF THE
162 OWNER DOES NOT PAY THESE ASSESSMENTS, THE ASSOCIATION COULD PLACE A LIEN ON THE PROPERTY
163 AND POSSIBLY SELL ff TO PAY THE DEBT.THE DECLARATION, BYLAWS, AND RULES AND REGULATIONS OF
1 THE COMMUNITY MAY PROHIBIT THE OWNER FROM MAKING CHANGES TO THE PROPERTY WITHOUT AN
I� ARCHITECTURAL REVIEW BY THE ASSOCIATION (OR A COMMITTEE OF THE ASSOCIATION) AND THE
166 APPROVAL OF THE ASSOCIATION. PURCHASERS OF PROPERTY WITHIN THE COMMON INTEREST
167 COMMUNITY SHOULD INVESTIGATE THE FINANCIAL OBLIGATIONS OF MEMBERS OF THE ASSOCIATION.
PREPARED BY:Terry L.Wiedeman,Broker Associate
CBS 1-10-06,Contract to Buy and Sell Real Estate(All Types of Properties).Colorado Real Estate Commission
ReaIFA$T®Software.O2007,Version 6.16.Software Registered to:Robert D.Kreps,Kreps Wiedeman Auctioneers&Real Estate,Inc.
Page b of 1
03/13/07 08:33:40
• •
168 PURCHASERS SHOULD CAREFULLY READ THE DECLARATION FOR THE COMMUNITY AND THE BYLAWS AND
169 RULES AND REGULATIONS OF THE ASSOCIATION.
170 0 (3) Not Conditional on Review. Buyer acknowledges that Buyer has received a copy of the owners' association
• (Association) declarations, bylaws,rules and regulations, party wall agreements, minutes of most recent annual owners'meeting
and mimtes of any directors' meetings during the 6-month period immediately preceding Title Deadline, if any (Governing
173 Documents), most recent financial documents consisting of (a) annual balance sheet, (b) annual income and expenditures
174 statement, and (c) annual budget (Financial Documents), if any (collectively CIC Documents). Buyer has reviewed them, agrees
175 to accept the benefits, obligations and restrictions that they impose upon the Property and its owners and waives any right to
176 terminate this Contract due to such documents, notwithstanding the provisions of§ 8e.
177 (4) CIC Documents to Buyer.
178 O (a) Seller to Provide CIC Documents. Seller shall cause the CIC Documents to be provided to Buyer, at Seller's
179 expense,on or before Title Deadline (§ 2c).
180 0 (b) Seller Authorizes Association. Seller authorizes the Association to provide the CIC Documents to Buyer, at
181 Seller's expense.
182 (c) Seller's Obligation. Seller's obligation to provide the CIC Documents shall be fulfilled upon Buyer's receipt of
183 the CIC Documents,regardless of who provides such documents.
184 (5) Conditional on Buyer's Review. If the box in either subsection 7d(4)(a) or subsection 7d(4)(b) is checked, the
185 provisions of this subsection 7d(5) shall apply. Written notice of any unsatisfactory provision in any of the CIC Documents, in
186 Buyer's subjective discretion, signed by Buyer, or on behalf of Buyer, and delivered to Seller on or before CIC Documents
187 Objection Deadline (§ 2c),shall terminate this Contract.
188 Should Buyer receive the CIC Documents after Title Deadline (§ 2c), Buyer shall have the right, at Buyer's option, to
189 terminate this Contract by written notice delivered to Seller on or before ten calendar days after Buyer's receipt of the CIC
190 Documents. If Buyer does not receive the CIC Documents, or if such written notice to terminate would otherwise be required to
191 be delivered after the Closing Date, Buyer's written notice to terminate shall be received by Seller on or before three calendar
192 days prior to Closing Date (§ 2c). If Seller does not receive written notice from Buyer within such time, Buyer accepts the
193 provisions of the CIC Documents, and Buyer's right to terminate this Contract pursuant to this subsection is waived,
194 notwithstanding the provisions of§ Se.
195 NOTE: If no box in this § 7d is checked,the provisions of subsection 7d(4)(a)shall apply.
196 8. TITLE AND SURVEY REVIEW.
197 a. Title Review. Buyer shall have the right to inspect the Title Documents. Written notice by Buyer of unmerchantability
198 of title, form or content of'l'itle Commitment or of any other unsatisfactory title condition shown by the Title Documents,
notwithstanding § 13, shall be signed by or on behalf of Buyer and delivered to Seller on or before Title Objection Deadline
(§ 2c), or within five calendar days after receipt by Buyer of any change to the Title Documents or endorsement to the Title
201 Commitment together with a copy of the document adding any new Exception to title. If Seller does not receive Buyer's notice
202 by the date specified above, Buyer accepts the condition of title as disclosed by the Title Documents as satisfactory.
203 b. Matters not Shown by the Public Records. Seller shall deliver to Buyer,on or before OffRecord Matters Deadline
204 (§ 2c) true copies of all leases and surveys in Seller's possession pertaining to the Property and shall disclose to Buyer all
205 easements, liens (including without limitation, governmental improvements approved, but not yet installed) or other title
206 matters (including, without limitation, rights of first refusal, and options) not shown by the public records of which Seller has
207 actual knowledge. Buyer shall have the right to inspect the Property to investigate if any third party has any right in the Property
208 not shown by the public records (such as an unrecorded easement, unrecorded lease, or boundary line discrepancy). Written
209 notice of any unsatisfactory condition disclosed by Seller or revealed by such inspection, notwithstanding § 13, shall be signed
210 by or on behalf of Buyer and given to Seller on or before Off-Record Matters Objection Deadline (§ 2c). If Seller does not
211 receive Buyer's notice by said date, Buyer accepts title subject to such rights, if any, of third parties of which Buyer has actual
212 knowledge.
213 c. Survey Review.
214 ❑ (1) Not Applicable. This § 8c shall not apply.
215 0 (2) Conditional on Survey. If the box in this subsection 8c(2) is checked, Buyer shall have the right to inspect Survey.
216 If written notice by or on behalf of Buyer of any unsatisfactory condition shown by Survey, notwithstanding § 8b or § 13, is
217 received by Seller on or before Survey Objection Deadline (§ 2c) then such objection shall be deemed an unsatisfactory title
218 condition. If Seller does not receive Buyer's notice by Survey Objection Deadline (§ 2c), Buyer accepts the Survey as
219 satisfactory.
220 d. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION
221 INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE
222 PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT
223 RISK FOR INCREASED MILL LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF
224 SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO
225 DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES BUYER SHOULD
226 INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION
2 INDEBTEDNESS OF SUCH DISTRICTS, EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH
2 INDEBTEDNESS,AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES.
229 In the event the Property is located within a special taxing district and Buyer desires to terminate this Contract as a result, if
230 written notice, by or on behalf of Buyer, is received by Seller on or before Off-Record Matters Objection Deadline (§ 2c),this
PREPARED BY:Terry L.Wiedeman,Broker Associate
CBS 1-10-06,Contract to Buy and Sell Real Estate(All Types of Properties).Colorado Real Estate Commission
RealFASTS Software,®2007,Version 6.16. Software Registered to Robert D.Kreps, Kreps Wiedeman Auctioneers&Real Estate,Inc.
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231 contract shall terminate. If Seller does not receive Buyer's notice by such date, Buyer accepts the effect of the Property's
232 inclusion in such special taxing district and waives the right to terminate for that reason.
233 e. Right to Object,Cure. Buyer's right to object shall include, but not be limited to those matters listed in § 13. If Seller
• receives notice of unmerchantability of title or any other unsatisfactory title condition or commitment terms as provided in
§§ 8a, b, c and d above, Seller shall use reasonable efforts to correct said items and bear any nominal expense to correct
236 the same prior to Closing. If such unsatisfactory title condition is not corrected to Buyer's satisfaction on or before Closing,this
237 Contract shall terminate; provided, however, Buyer may, by written notice received by Seller on or before Closing, waive
238 objection to such items.
239 E Right of First Refusal or Approval. If there is a right of first refusal on the Property, or a right to approve this
240 Contract, Seller shall promptly submit this Contract according to the terms and conditions of such right. If the holder of the
241 right of first refusal exercises such right or the holder of a right to approve disapproves this Contract, this Contract shall
242 terminate. If the right of first refusal is waived explicitly or expires, or the Contract is approved, this Contract shall remain in
243 full force and effect. Seller shall promptly notify Buyer of the foregoing. If expiration or waiver of the right of first refusal or
244 Contract approval has not occurred on or before Right of First Refusal Deadline (§ 2c), this Contract shall terminate.
245 g. Title Advisory. The Title Documents affect the title, ownership and use of the Property and should be reviewed
246 carefully. Additionally, other matters not reflected in the Title Documents may affect the title, ownership and use of the
247 Property, including without limitation boundary lines and encroachments, area, zoning, unrecorded easements and claims
248 of easements, leases and other unrecorded agreements, and various laws and governmental regulations concerning land use,
249 development and environmental matters. The surface estate may be owned separately from the underlying mineral estate,
250 and transfer of the surface estate does not necessarily include transfer of the mineral rights or water rights. Third parties
251 may hold interests in oil,gas,other minerals,geothermal energy or water on or under the Property, which interests may
252 give them rights to enter and use the Property. Such matters may be excluded from or not covered by the title insurance
253 policy. Buyer is advised to timely consult legal counsel with respect to all such matters as there are strict time limits provided in
254 this Contract(e.g., Title Objection Deadline [§ 2c] and Off-Record Matters Objection Deadline [§ 2c]).
255 9. LEAD-BASED PAINT. Unless exempt, if the improvements on the Property include one or more residential dwellings for
256 which a building permit was issued prior to January I, 1978, this Contract shall be void unless a completed Lead-Based Paint
257 Disclosure(Sales) form is signed by Seller and the required real estate licensees, which must occur prior to the parties signing
258 this Contract. Buyer acknowledges timely receipt of a completed Lead-Based Paint Disclosure (Sales) form signed by Seller and
259 the real estate licensees.
260 10. PROPERTY DISCLOSURE, INSPECTION, INSURABILITY AND BUYER DISCLOSURE.
261 a. Seller's Property Disclosure Deadline. On or before Seller's Property Disclosure Deadline (§ 2c), Seller agrees to
ill deliver to Buyer the most current version of the Seller's Property Disclosure form completed by Seller to the best of Seller's
actual knowledge,current as of the date of this Contract.
264 b. Inspection Objection Deadline. Buyer shall have the right to have inspections of the physical condition of the
265 Property and Inclusions, at Buyer's expense. If the physical condition of the Property or inclusions is unsatisfactory in Buyer's
266 subjective discretion, Buyer shall, on or before Inspection Objection Deadline (§ 2c):
267 (I) notify Seller in writing that this contract is terminated, or
268 (2) deliver to Seller with a written description of any unsatisfactory physical condition which Buyer requires Seller
269 to correct(Notice to Correct).
270 If written notice is not received by Seller on or before Inspection Objection Deadline (§ 2c), the physical condition of the
271 Property and Inclusions shall be deemed to be satisfactory to Buyer.
272 c. Resolution Deadline. If a Notice to Correct is received by Seller and if Buyer and Seller have not agreed in writing to a
273 settlement thereof on or before Resolution Deadline (§ 2c), this Contract shall terminate one calendar day following
274 Resolution Deadline (§ 2c), unless before such termination Seller receives Buyer's written withdrawal of the Notice to Correct.
275 d. Insurability. This Contract is conditioned upon Buyer's satisfaction, in Buyer's subjective discretion, with the
276 availability, terms, conditions of and premium for property insurance. This Contract shall terminate upon Seller's receipt, on or
277 before Property Insurance Objection Deadline (§ 2c) of Buyer's written notice that such insurance was not satisfactory to
278 Buyer. If said notice is not timely received, Buyer shall have waived any right to terminate under this provision.
279 e. Damage, Liens and Indemnity. Buyer is responsible for payment for all inspections, tests, surveys, engineering
280 reports or for any other work performed at Buyer's request and shall pay for any damage which occurs to the Property and
281 Inclusions as a result of such activities. Buyer shall not permit claims or liens of any kind against the Property for inspections,
282 tests, surveys, engineering reports and for any other work performed on the Property at Buyer's request. Buyer agrees to
283 indemnify, protect and hold Seller harmless from and against any liability, damage, cost or expense incurred by Seller in
284 connection with any such inspection, claim, or lien. This indemnity includes Seller's right to recover all costs and expenses
285 incurred by Seller to enforce this section, including Seller's reasonable attorney and legal fees. The provisions of this section
286 shall survive the termination of this Contract.
287 1 Buyer Disclosure. Buyer represents that Buyer ❑ Does ❑ Does Not need to sell and close a property to complete
288 this transaction.
289 Note: Any property sale contingency should appear in Additional Provisions (§ 25).
a 11. METHAMPETAMINE LABORATORY DISCLOSURE. The parties acknowledge that Seller is required to disclose
LS whether Seller knows that the Property was previously used as a methamphetamine laboratory. No disclosure is required if the
292 Property was remediated in accordance with state standards and other requirements are fulfilled pursuant to § 25-18.5-102,
293 C.R.S. Buyer futher acknowledges that Buyer has the right to engage a certified hygienist or industrial hygienist to test whether
PREPARED BY:Terry L.Wiedeman,Broker Associate
CBS 1-10-06,Contract to Buy and Sell Real Estate(All Types of Properties).Colorado Real Estate Commission
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294 the Property has ever been used as a methamphetamine laboratory. In the event that the Property has been used as a
295 methamphetamine laboratory, Buyer may deliver written notice to Seller,on or before Closing, to terminate this Contract.
296 12. CLOSING. Delivery of deed from Seller to Buyer shall be at closing(Closing). Closing shall be on the date specified as the
• Closing Date (§2c)or by mutual agreement at an earlier date. The hour and place of Closing shall be as designated by
Kreps-Wiedeman Auctioneers 6 Real Estate, Inc.
299 13. TRANSFER OF TITLE. Subject to tender or payment at Closing as required herein and compliance by Buyer with the
300 other terms and provisions hereof, Seller shall execute and deliver a good and sufficient general warranty
301 deed to Buyer, at Closing, conveying the Property free and clear of all taxes except the general taxes for the year of Closing.
302 Except as provided herein, title shall be conveyed free and clear of all liens, including any governmental liens for special
303 improvements installed as of the date of Buyer's signature hereon, whether assessed or not. Title shall be conveyed subject to:
304 a. those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by
305 Buyer in accordance with § 8a (Title Review),
306 b. distribution utility easements (including cable TV),
307 c. those specifically described rights of third parties not shown by the public records of which Buyer has actual knowledge
308 and which were accepted by Buyer in accordance with § 8b (Matters not Shown by the Public Records) and § 8c (Survey
309 Review).
310 d. inclusion of the Property within any special taxing district,
311 e. the benefits and burdens of any declaration and party wall agreements, if any, and
312 f. other n/a
313 14. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before Closing from the
314 proceeds of this transaction or from any other source.
315 15. CLOSING COSTS,DOCUMENTS AND SERVICES.
316 a. Good Funds. Buyer and Seller shall pay, in Good Funds, their respective Closing costs and all other items required to
317 be paid at Closing,except as otherwise provided herein.
318 b. Closing Documents. Buyer and Seller shall sign and complete all customary or reasonably required documents at or
319 before Closing.
320 c. Closing Services Fee. Fees for real estate Closing services shall be paid at Closing by ❑ Buyer ❑ Seller
321 0 One-half by Buyer and One-half by Seller
322 d. Status Letter and Transfer Fees. Any fees incident to the issuance of Association's statement of assessments (Status
323 Letter)shall be paid by ❑ Buyer ❑ Seller. ❑ One-half by Buyer and One-half by Seller. Any fees incident to the
3 transfer from Seller to Buyer assessed by the Association(Association's Transfer Fee)shall be paid by ❑ Buyer ❑ Seller
3 ❑ One-half by Buyer and One-half by Seller.
32 e. Local Transfer Tax. The local transfer tax of n/a %of the Purchase Price shall be paid at Closing by ❑ Buyer
327 ❑Seller ❑One-half by Buyer and One-half by Seller.
328 f. Sales and use Tax. Any sales and use tax that may accrue because of this transaction shall be paid when due by
329 ❑ Buyer O Seller ❑One-half by Buyer and One-half by Seller.
330 16. PROBATIONS. The following shall be prorated to Closing Date (§ 2c),except as otherwise provided:
33 I a. Taxes. Personal property taxes, if any,and general real estate taxes for the year of Closing, based on ❑Taxes for the
332 Calendar Year Immediately Preceding Closing 0 Most Recent Mill Levy and Most Recent Assessment O Other
333 n/a
•
334 b. Rents. Rents based on O Rents Actually Received O Accrued. Security deposits held by Seller shall be credited
335 to Buyer. Seller shall assign all leases to Buyer and Buyer shall assume such leases.
336 c. Association Assessments. Current regular Association assessments and Association dues (Association Assessments)
337 paid in advance shall be credited to Seller at Closing. Cash reserves held out of the regular Association Assessments for deferred
338 maintenance by the Association shall not be credited to Seller except as may be otherwise provided by the Governing
339 Documents. Any special assessment by the Association for improvements that have been installed as of the date of Buyer's
340 signature hereon shall be the obligation of Seller. Any other special assessment assessed prior to Closing Date (§ 2c) by the
341 Association shall be the obligation of ❑ Buyer D Seller. Seller represents that the amount of the Association Assessment is
342 currently payable at $ n/a per n/a and that there are no unpaid regular or special assessments
343 against the Property except the current regular assessments and except
344 n/a
345 Such assessments are subject to change as provided in the Governing Documents. Seller agrees to promptly request the
346 Association to deliver to Buyer before Closing Date (§ 2c)a current Status Letter.
347 d. Other Prorations. Water and sewer charges; interest on any continuing loan, and
348 none other
349 e. Final Settlement. Unless otherwise agreed in writing,these prorations shall be final.
351. 17. POSSESSION. Possession of the Property shall be delivered to Buyer on Possession Date at Possession Time (§ 2c),
35 subject to the following leases or tenancies:
352 Farm leased for the 2007 crop year
PREPARED BY:Tony L.Wiedeman,Broker Associate
CBS 1-10-06.Contract to Buy and Sell Real Estate(All Types of Properties).Colorado Real Estate Commission
RealFA$T®Software,®2007,Version 6.16. Software Registered to:Robed D.Kreps,Kreps Wiedeman Auctioneers&Real Estate, Inc.
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353 If Seller, after Closing, fails to deliver possession as specified, Seller shall be subject to eviction and shall be additionally
354 liable to Buyer for payment of$ 100.00 per day (or any part of a day) from the Possession Date and Possession
355
Time (§ 2c)until possession is delivered.
55
Buyer ❑ Does El Does Not represent that Buyer will occupy the Property as Buyer's principal residence.
18. ASSIGNABILITY. This Contract ❑Shall ® Shall Not be assignable by Buyer without Seller's prior written consenL
358 Except as so restricted, this Contract shall inure to the benefit of and be binding upon the heirs, personal representatives,
359 successors and assigns of the parties.
360 19. INSURANCE; CONDITION OF, DAMAGE TO PROPERTY AND INCLUSIONS. Except as otherwise provided in
361 this Contract,the Property, Inclusions or both shall be delivered in the condition existing as of the date of this Contract, ordinary
362 wear and tear excepted.
363 a. Casualty Insurance. In the event the Property or Inclusions shall be damaged by fire or other casualty prior to Closing,
364 in an amount of not more than ten percent of the total Purchase Price, Seller shall be obligated to repair the same before
365 Closing Date (§ 2c). In the event such damage is not repaired within said time or if the damages exceed such sum, this
366 Contract may be terminated at the option of Buyer by delivering to Seller written notice of termination on or before Closing.
367 Should Buyer elect to carry out this Contract despite such damage, at Closing, Buyer shall be entitled to a credit for all
368 insurance proceeds that were received by Seller(hut not the Association, if any) resulting from such damage to the Property and
369 Inclusions, plus the amount of any deductible provided for in such insurance policy. Such credit not to exceed the Purchase
370 Price. In the event Seller has not received such insurance proceeds prior to Closing, then Seller shall assign such proceeds, at
371 Closing, plus credit Buyer the amount of any deductible provided for in such insurance policy, but not to exceed the total
372 Purchase Price.
373 b. Damage, Inclusions and Services. Should any Inclusion or service (including systems and components of the
374 Property, e.g. heating, plumbing, etc.) fail or be damaged between the date of this Contract and Closing or possession,
375 whichever shall be earlier, then Seller shall be liable for the repair or replacement of such Inclusion or service with a unit of
376 similar size, age and quality, or an equivalent credit, but only to the extent that the maintenance or replacement of such
377 Inclusion, service or fixture is not the responsibility of the Association, if any, less any insurance proceeds received by Buyer
378 covering such repair or replacement. Seller and Buyer are aware of the existence of pre-owned home warranty programs
379 that may be purchased and may cover the repair or replacement of some Inclusions. The risk of loss for damage to growing
380 crops by fire or other casualty shall be borne by the party entitled to the growing crops as provided in subsection 3a(7) and
381 such patty shall be entitled to such insurance proceeds or benefas for the growing crops.
382 c. Walk-Through and Verification of Condition. Buyer, upon reasonable notice, shall have the right to walk through
the Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this Contract.
20. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document, Buyer and Seller acknowledge
3340 that the respective broker has advised that this document has important legal consequences and has recommended the
386 examination of title and consultation with legal and tax or other counsel before signing this Contract.
387 21. TIME OF ESSENCE,DEFAULT AND REMEDIES. Time is of the essence hereof. If any note or check received as
388 Earnest Money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any obligation
389 hereunder is not performed or waived as herein provided,there shall be the following remedies:
390 a. If Buyer is in Default:
391 ® (I) Specific Performance. Seller may elect to treat this Contract as canceled, in which case all Earnest Money
392 (whether or not paid by Buyer) shall be forfeited by Buyer, paid to Seller and retained by Seller; and Seller may recover such
393 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
394 rri ht to specific performance or damages,or both.
395 Of
(2) Liquidated Damages. All Earnest Money (whether or not paid by Buyer) shall be forfeited by Buyer, paid to
396 Seller, and retained by Seller. Both parties shall thereafter be released from all obligations hereunder. It is agreed that the
397 Eamest Money specified in § 4 is LIQUIDATED DAMAGES, and not a penalty, which amount the parties agree is fair and
398 reasonable and (except as provided in §§ We, 19,21c,22,23),said forfeiture shall be SELLER'S SOLE AND ONLY REMEDY
399 for Buyer's failure to perform the obligations of this Contract. Seller expressly waives the remedies of specific performance and
400 additional damages.
401 b. If Seller is in Default: Buyer may elect to treat this Contract as canceled, in which case all Earnest Money received
402 hereunder shall be returned and Buyer may recover such damages as may he proper, or Buyer may elect to treat this Contract as
403 being in full force and effect and Buyer shall have the right to specific performance or damages,or both.
404 c. Costs and Expenses. In the event of any arbitration or litigation relating to this Contract, the arbitrator or court shall
405 award to the prevailing party all reasonable costs and expenses, including attorney and legal fees.
406 22. MEDIATION. If a dispute arises relating to this Contract, prior to or after Closing, and is not resolved, the parties shall
407 first proceed in good faith to submit the matter to mediation. Mediation is a process in which the parties meet with an impartial
408 person who helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. The parties
409 to the dispute must agree before any settlement is binding. The parties will jointly appoint an acceptable mediator and will share
410 equally in the cost of such mediation. The mediation, unless otherwise agreed, shall terminate in the event the entire dispute
4� is not resolved within 30 calendar days of the date written notice requesting mediation is delivered by one party to the other at
4 the party's last known address. This section shall not alter any date in this Contract, unless otherwise agreed.
413 23. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder shall release the Earnest
414 Money as directed by written mutual instructions, signed by both Buyer and Seller. In the event of any controversy regarding the
PREPARED BY:Terry L.Wiedeman,Broker Associate
CBS 1-10-06,Contract to Buy and Sell Real Estate(All Types of Properties).Colorado Real Estate Commission
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415 Earnest Money (notwithstanding any termination of this Contract), Earnest Money Holder shall not be required to take any
416 action. Eamest Money Holder, at its option and sole discretion, may (a) await any proceeding, (b) interplead all parties and
417 deposit Earnest Money into a court of competent jurisdiction and shall recover court costs and reasonable attorney and legal
• fees, or (c) deliver written notice to Buyer and Seller that unless Earnest Money Holder receives a copy of the Summons and
Complaint or Claim (between Buyer and Seller), containing the case number of the lawsuit (Lawsuit) within 120 calendar days
420 of Earnest Money Holder's written notice is delivered to the parties, Earnest Money Holder shall be authorized to return the
421 Earnest Money to Buyer. In the event Earnest Money Holder does receive a copy of the Lawsuit, and has not interpled the
422 monies at the time of any Order, Earnest Money Holder shall disburse the Earnest Money pursuant to the Order of the Court
423 The parties reaffirm the obligation of Mediation(§22).
424 24. TERMINATION. In the event this Contract is terninated,all Earnest Money received hereunder shall be returned and the
425 parties shall be relieved of all obligations hereunder, subject to §§ 10e, 22 and 23.
426 25. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate
427 Commission.)
428 A. This contract is expressly contingent upon Buyer obtaining a Special Use Permit from the Weld
County Department of Planning & Zoning.
B. closing will be 10 days after the USR is approved and recorded.
C. Seller will cooperate with the Buyer in obtaining the Special Use Permit. All costs involved
will be the Buyer's expense.
D. Seller to reserve 100% of any oil, gas and other mineral rights which they now own.
429 26. ENTIRE AGREEMENT, MODIFICATION,SURVIVAL. This agreement constitutes the entire Contract between
430 the parties relating to the subject hereof; and any prior agreements pertaining thereto, whether oral or written,have been merged
431 and integrated into this Contract. No subsequent modification of any of the terms of this Contract shall be valid, binding upon
432 the parties, or enforceable unless made in writing and signed by the parties. Any obligation in this Contract that, by its terms,
433 is intended to be performed after termination or Closing shall survive the same.
434 27. FORECLOSURE DISCLOSURE AND PROTECTION. Seller acknowledges that, to Seller's current actual knowledge,
435 the Property 0 IS 0 IS NOT in foreclosure. In the event this transaction is subject to the provisions of the Colorado
436 Foreclosure Protection Act (the Act) (i.e., generally the Act requires that the Property is residential, in foreclosure, and Buyer
437 does not reside in it for at least I year), a different contract that complies with the provisions of the Act is required, and this
438 Contract shall be void and of no effect unless the Foreclosure Property Addendum is executed by all parties concurrent with the
439 signing of this Contract. The parties are further advised to consult with their own attorney.
40 28. NOTICE, DELIVERY AND CHOICE OF LAW.
4 a. Physical Delivery. Except for the notice requesting mediation described in § 22, delivered after Closing and except as
442 provided in § 28b below, all notices must be in writing. Any notice to Buyer shall be effective when received by Buyer or by
443 Selling Brokerage Firm,and any notice to Seller shall be effective when physically received by Seller or Listing Brokerage Firm.
444 b. Electronic Delivery. As an alternative to physical delivery, any signed document and written notice may be delivered
445 in electronic form by the following indicated methods only: 0 Facsimile Li E-mail 0 No Electronic Delivery. Documents
446 with original signatures shall be provided upon request of any party.
447 c. Choice of Law. This Contract and all disputes arising hereunder shall be governed by and construed in accordance
448 with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in this state for property
449 located in Colorado.
450 29. NOTICE OF ACCEPTANCE,COUNTERPARTS. This proposal shall expire unless accepted in writing, by Buyer and
451 Seller, as evidenced by their signatures below, and the offering party receives notice of such acceptance pursuant to § 28 on or
452 before Acceptance Deadline Date (§ 2c) and Acceptance Deadline Time (§ 2c). If accepted, this document shall become a
453 contract between Seller and Buyer.A copy of this document may be executed by each party,separately, and when each party has
454 executed a copy thereof,such copies taken together shall be deemed to be a full and complete contract between the parties.
455
456
„„ .
BUYER ` n.(e U�l DATE
Ronnie ohwindt
1
BUYER (X'
�--- .27/ DATE 3 3) - O7
Colleen Schwindt
•
457 Email Address: n/a
458
PREPARED BY:Terry L.Wiedeman,Broker Associate
CBS 1-10-06.Contract to Buy and Sell Real Estate(All Types of Properties).Colorado Real Estate Commission
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459 (NOTtt If Ida eltr k Sag aorter.d or reseed,do mot sip deis doeesetare.Rehr ea 11301
• 460
sea a
stet a W. alive ., resider
461 Email Address: Wa
462
463 3g. COUNTER;REJECTfON. This oiler is O Coeeaend 0 Rojaoad.
464 Iabib may of party(Bayer or Seller)wb4 metered or rejected offer
465
END OR CONTRACT
Nasal Clahg bafletisas sad fereest Mosey*aSpt sbeoW be Biped or or Maws Title Deedthee a Zik
SELLING BROKER%ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE.
(To be completed by Selling Brew)
Sollhg Broker Z Doe ❑Dee Net acknowledge receipt of lamest Money deposit specified in§4 and,while not a party to
the Cotta agrees io ecoponts upon requeot with tory mad ation concluded undo§22.
Selling Broker is working with Buyer as a 0 Bayer's Agent Z Trarseeslne-Broker in this trensoatioe. Q Ibis is a Change
of Status.
• Seller 0 LS N IS NOT a customer working with Selling Broker as a Buyer's Ages.
Sellise Brokerage Fbm's compensation or oonanission is to be paid by U Listing Brokerage Firs 0 Bayer DOdier
*I L
Selling Broberg;Filth Name.
Rrepe tHedoaea Auctioneers
a real palate, Zoo.
am sad touts
reveler. co .0531
!hone: 570-786-gpel, Fast $70-356-5344
By: '/7
SlpariaeTerry L. diadems' Dole
Email Address: ds
LASTING HROKI*'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE.
(To be completed by Listing Broker)
Listing art ®Doe 0 Does Not acknowledge receipt of Earners Money deposit soothed b §4 and, while not a party to
the Contract,agrees in cooperate upon request with any mediation concluded under 22.
Listing Broke'L working with the Seller as a 0 Seller's Agent N Traasaatbe-Broker in this ttanMtation. ❑ This is a
•PRIPAa®CC:Tony L Ville an,Meer AsoNe s
CM I.lGea tutu a Buy se let hid EIS W Topes d P.aprasl.Cdomdo Rae sees Commission
Ria FAsTa tease,4O07.WSW .Lint SSW,RoefsSS by.Roth 0,lOsso Kers WINS man halms a lea IS w?. Pepe la of 1
..-.,. OSIllia7 MSS 40
•
459 (NOTE: If this offer is being countered or rejected,do not sign this document.Refer to§301
460
•
Southgate Inc. , a Colorado Corporation
SELLER DATE
By: John W. Allen Jr. , President
461 Email Address: n/a
462
463 30. COUNTER; REJECTION. This offer is 0 Countered 0 Rejected.
464 Initials only of party(Buyer or Seller)who countered or rejected offer
465
END OF CONTRACT
Note:Closing Instructions and Earnest Money Receipt should be signed on or before Title Deadline(§ 2c).
SELLING BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE.
(To be completed by Selling Broker)
Selling Broker ® Does 0 Does Not acknowledge receipt of Earnest Money deposit specified in § 4 and,while not a party to
the Contract,agrees to cooperate upon request with any mediation concluded under § 22.
Selling Broker is working with Buyer as a 0 Buyer's Agent 0 Transaction-Broker in this transaction. 0 This is a Change
• of Status.
Seller 0 IS ®IS NOT a customer working with Selling Broker as a Buyer's Agent.
Selling Brokerage Firm's compensation or commission is to be paid by 0 Listing Brokerage Firm 0 Buyer 0 Other
n/a
Selling Brokerage Firm's Name:
Kreps Wiedeman Auctioneers
6 Real Estate, Inc.
2221 2nd Avenue
Greeley, CO 80631
Phone: 970-356-3943, Fax:
970-356-8344
By: )77./ 9—/7 -A7
Signature ✓ Terry L. Wiedeman Date
Email Address: n/a
LISTING BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE.
(To be completed by Listing Broker)
• Listing Broker ® Does 0 Does Not acknowledge receipt of Earnest Money deposit specified in § 4 and, while not a party to
the Contract,agrees to cooperate upon request with any mediation concluded under § 22.
Listing Broker is working with the Seller as a 0 Seller's Agent ® Transaction-Broker in this transaction. 0 This is a
PREPARED BY:Terry L.Wiedeman,Broker Associate
CBS 1-10-06,Contract to Buy and Sell Real Estate(All Types of Properties).Colorado Real Estate Commission
ReaIFA$T®Software.C2007,Version 6.16.Software Registered to:Robert D.Kreps,Kreps Wiedeman Auctioneers a Real Estate,Inc. Page 10 of 1
03/13/07 08:33:40
Huvurlal
• •
Change of Status.
Buyer 0 IS ®IS NOT a customer working with Listing Broker as a Selief s Agent.
• Listing Brokerage Firm's compensation or commission is to be paid by ® Seller 0 Buyer O Other
D/a
Listing Brokerage Firm's Name: Krems-Wiedeman Auctioneers t: Real Estate, Inc.
Date: March 13, 2007
Terry L, Wiedeman
Broker
Address: 2221 2nd Avenue, Greeley, CO 80631
PhoneNo.: (970) 356-3943
FaxNo.: (970) 356-8344
Email Address: jtrepewiedemanEcs.com
• •
•
•
PREPARED BY:Tarry L Wiedeman,Broker Associate
CBS 1-10-06.Contract to Buy and Sall Real Estate(All Types of Properties).Colorado Real Estate Commission
RealFA$TO Software,O2007,Version 6.16.Software Registered to:Robed D.Kreps.Krepa Wiedeman Auctioneers&Real Estate.Inc.
03/13/07 08:43:00 Page 11 of 11
Buyer(s) -
Seller(s)
, 18010 Ave., Suite 203
stewart ere e.„,et
Greeley, CO 80634
title of geeley (970) 356-5573 (970) 356-7058 FAX
•
ATTACHED YOU WILL FIND COPIES OF THE PRELIMINARY TITLE REPORT.
PLEASE CALL IF YOU HAVE ANY QUESTIONS.
Date: For Escrow Inquiries on this Report call,
Staci Krehbiel at (970) 226-4399
File Number: 20070482 For Title Inquiries on this Report call,
Liz Woods at(970) 226-4399
Seller: Southgate, Inc., a Colorado Corporation
Buyer: Ronnie Schwindt and Colleen Schwindt
Property:
CLIENT:
Copies Sent To: Copies Sent To:
Attn: Terry Wiedeman
Kreps & Wiedeman
2221 2nd Avenue
Greeley, Colorado 80631
• CLIENT:
Copies Sent To:
Terry Wiedeman
Kreps & Wiedeman
2221 2nd Avenue
Greeley, Colorado 80631
SELLER:
Delivered By Seller's Agent
BUYER:
Delivered By Buyer's Agent
•
File Number: 20070482
0 •
American Land Title Association Commitment— 1982
• TITLE INSURANCE COMMITMENT
BY
stewart
.title guaranty company
Order Number: 20070482
We agree to issue policy to you according to the terms of the Commitment. When we show the policy amount and
your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date
shown in Schedule A.
If the Requirements shown in this Commitment have not been met within six months after the Commitment Date,our
obligation under this Commitment will end. Also,our obligation under this Commitment will end when the Policy is
issued and then our obligation to you will be under the Policy.
Our obligation under this Commitment is limited by the following:
The Provisions in Schedule A.
The Requirements in Schedule B-I.
The Exceptions in Schedule B-II.
The Conditions on Page 2.
• This Commitment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B.
THIS COMMITMENT IS NOT AN ABSTRACT,EXAMINATION,REPORT OR REPRESENTATION OF FACT OR
TITLE AND DOES NOT CREATE AND SHALL NOT BE THE BASIS OF ANY CLAIM FOR NEGLIGENCE,
NEGLIGENT MISREPRESENTATION OR OTHER TORT CLAIM OR ACTION. THE SOLE LIABILITY OF
COMPANY AND ITS TITLE INSURANCE AGENT SHALL ARISE UNDER AND BE GOVERNED BY PARAGRAPH
4 OF THE CONDITIONS.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto
affixed by its duly authorized officers on the date shown in Schedule A.
stewart
•
larkt
. Chai an of th• Board )f.
*: -*-toi4 (1k/iti'1 014
prestant
! 19• 08, re
T
Countersigned:
uq31r 9ek-Qk WOO
r\uthnricd Countersignature
Stewart Title of Colorado- Ft Collins Division
3665 John F. Kennedy Parkway, Building 2,Suite 311(1
Fort Collins.CO 80525
• Order Number: 20070482
Page I of 2 Commitment—235 W/O Disclosure
•
CONDITIONS
I. DEFINITIONS
(a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records"
means title records that five constructive notice of matters affecting your title — according to the
state statutes where your land is located.
2. LATER DEFECTS
The Exceptions in Schedule B — Section II may be amended to show any defects, liens or
encumbrances that appear for the first time in the public records or are created or attached between
the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B —
Section I are met. We shall have no liability to you because of this amendment.
3. EXISTING DEFECTS
If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we
may amend Schedule B to shown them. If we do amend Schedule B to show these defects, liens or
encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this
information and did not tell us about it in writing.
4. LIMITATION OF LIABILITY
Our only obligation is to issue to you the policy referred to in this Commitment when you have met
its Requirements. If we have any liability to you for any loss you incur because of an error in this
Commitment, our liability will be limited to your actual loss caused by your relying on this
Commitment when you acted in good faith to:
Comply with the Requirements shown in Schedule B—Section I.
or
Eliminate with our written consent any Exceptions shown in Schedule B—Section II.
We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment
and our liability is subject to the terms of the Policy form to be issued to you.
5. CLAIMS MUST BE BASED ON THIS COMMITMENT
Any claim whether or not based on negligence, which you may have against us concerning the title
to the land must be based on this Commitment
Order Number: 20070482
Page 2 of 2 Commitment—235 W/O Disclosure
• •
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A illiEffective Date: March 6, 2007 at 8:00 a.m. Commitment No. 20070482
2. Policy or Policies To Be Issued: Rate Type: regular
Owner's Policy
Proposed Insured: Ronnie Schwindt and Colleen Schwindt
( X )ALTA(1992)Owner's Policy Amount: $230,000.00
(X) Standard ( ) Extended Premium: $897.00
Lender's Policy
( ) ALTA 1992 Loan Policy Amount:
( ) Standard ( ) Extended Premium:
Tax Certificate(s) $25.00
2ND Lender's Policy
•
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple,excepting therefrom the mineral estate,sand and gravel
4. Title to the estate or interest in said land is at the effective date hereof vested in:
Southgate, Inc.,a Colorado Corporation
5. The land referred to in this Commitment is described as follows.
Lot B, Recorded Exemption No. 1057-22-4-RE 2067,according to the map recorded September 23, 1997 in Book
1628 at Reception No. 2570335, being a part of the S1/2 of Section 22, Township 4 North, Range 66 West of the
6th P.M., County of Weld, State of Colorado.
SITUATE IN Weld COUNTY
For Information Only
Property Address:
•
Stewart Title Guaranty Company for Foil Collins Division
Commitment—Schedule A
Page I of I
• •
SCHEDULE B-Section 1
• REQUIREMENTS
Order Number: 20070482
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full
consideration for the estate or interest to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed
and duly filed for record, to wit:
1. Warranty Deed from Vested Owner, vesting fee simple title in purchaser.
2. Statement of Authority for Southgate, Inc., a Colorado Corporation, evidencing the existence
of the entity and authority of person authorized to execute instruments conveying,
encumbering or otherwise affecting title to real property on behalf of the entity.
3. Resolution of the Board of Directors of Southgate, Inc., a Colorado Corporation ratifying and
confirming this sale and conveyance. Said Resolution must be certified by an Officer of the
Corporation with the Corporate Seal affixed.
4. Execution of the approved Lien Affidavit and its return to this office. (Lien Affidavit sent to
•
lender on new loan, and to closer on an assumption or cash purchase.)
5. Payment of all taxes and assessments currently due and payable, if any.
NOTE: If the sales price of the subject property exceeds $100,000.00, the seller shall be
required to comply with the Disclosure of Withholding Provisions of C.R.S. 39-22-604.5
(Nonresident Withholding).
For closing information, please call the Greeley Office at 970-356-5573.
Please make all checks payable to Stewart Title of Colorado.
Stewart Title Guaranty Company for Fort Collins Division
Commitment—Schedule B I
Page I of I
• •
SCHEDULE B—Section 2
• EXCEPTIONS
Order Number: 20070482
The policy or policies to be issued will contain exceptions to the following unless the same
are disposed of to the satisfaction of the Company:
1. Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts
which a correct survey and inspection of the premises would disclose, and which are not
shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished,
imposed by law and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing
in the public records or attaching subsequent to the effective date hereof, but prior to the date
the proposed insured acquires of record for value the estate or interest or mortgage thereon
•
covered by this commitment.
6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the
issuance thereof; water rights, claims or title to water.
7. Any and all unpaid taxes, assessments and unredeemed tax sales.
8. All existing roads, highways, ditches, utilities, reservoirs, canals, pipelines, power lines,
telephone lines, water lines, railroads, and rights of way and easements therefor.
9. Right of Way for county roads 30 feet wide on either side of section and township lines, as
established by the Board of County Commissioners for Weld County, recorded October 14,
1889 in Book 86 at Page 273.
10. A Condition contained in the United States Patent recorded March 22, 1906 in Book 234, at
Page 169, Weld County Records, which states as follows: "Subject to any vested and accrued
water rights for mining, agricultural, manufacturing or other purposes, and right to ditches
and reservoirs used in connection with such water rights, as may be recognized and
acknowledged by the local customs, laws and decisions of Courts, and also subject to the
right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the
same be found to penetrate or intersect the premises hereby granted, as provided by Law."
• Stewan Title Guaranty Company for Fort Cullins Division
Commitment-Schedule B 2
Page I of 2
•
• •
11. A Condition contained in the United States Patent recorded February 15, 1905 in Book 132,
at Page 357, Weld County Records, which states as follows: "Subject to any vested and
• accrued water rights for mining, agricultural, manufacturing or other purposes, and right to
ditches and reservoirs used in connection with such water rights, as may be recognized and
acknowledged by the local customs, laws and decisions of Courts, and also subject to the
right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the
same be found to penetrate or intersect the premises hereby granted, as provided by Law."
12. An undivided 'A interest in all oil, gas and other minerals as reserved by Goettlib H Oster and
Minnie Oster in instrument recorded March 24, 1969 in Book 1527 at Page 370, and any and
all assignments thereof or interests therein.
13. Terms, conditions, provisions, and stipulations as contained in Right of Way Lease recorded
July 20, 1976 in Book 772 at Reception No. 1693973.
14. Oil and gas lease recorded June 13, 1985 in Book 1072 at Reception No. 2013222, and any
and all assignments thereof, or interests therein.
15. An easement for pipeline and incidental purposes as granted to Snyder Operating Partnership
by an instrument recorded April 4, 1990 in Book 1260 at Reception No. 2209905.
16. Terms, conditions, provisions, and stipulations as contained in Surface Facility Grant
recorded February 4, 1992 in Book 1325 at Reception No. 2277189.
17. An easement for pipeline and incidental purposes as granted to Swanson & Morris by an
41 instrument recorded April 20, 1993 in Book 1379 at Reception NO. 2329650.
18. An easement for lines for transmission, distribution and service of water and incidental
purposes as granted to Weld County Water District by an instrument recorded February 3,
1994 in Book 1425 at Reception No. 2372262.
19. An easement for pipeline and incidental purposes as granted to Colorado Interstate Gas
Company by an instrument recorded January 14, 2002 at Reception No. 2916417.
20. Notes, restrictions, conditions, covenants, easements and reservations, if any, imposed upon
subject property by map recorded September 23, 1997 in Book 1628 at Reception No.
2570335.
NOTE: The following notices pursuant to CRS 9-1.5-103 concerning underground facilities
have been filed with the Clerk and Recorder. These statements are general and do not
necessarily give notice of underground facilities with in subject property:
Panhandle Eastern Pipe Line Company, recorded June 26, 1986 in Book 1117 under
Reception No. 2058722.
Stewart Title Guaranty Company for Fort Cairn,Division
• Commitment—Schedule B 2
Page 2 of 2
• •
• Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly
or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated
third party unless the institution provides you with a notice of its privacy policies and practices, such
as the type of information that it collects about you and the categories of persons or entities to whom
it may be disclosed. In compliance with the GLBA, we are providing you with this document, which
notifies you of the privacy policies and practices of Stewart Title of Colorado - Ft Collins Division
and Stewart Title Guaranty Company for Fort Collins Division.
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you, such as on applications or other forms.
• Information about your transactions we secure from our files,or from our affiliates or others.
• Information we receive from a consumer reporting agency.
• Information that we receive from others involved in your transaction, such as the real estate
agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal information will be collected about you.
. We may disclose any of the above information that we collect about our customers or former
customers to our affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following
types of nonaffiliated companies that perform marketing services on our behalf or with whom we have
joint marketing agreements:
• Financial service providers such as companies engaged in banking, consumer finance,
securities and insurance.
• Non-financial companies such as envelope stuffers and other fulfillment service providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH
ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW.
We restrict access to nonpublic personal information about you to those employees who need to know
that information in order to provide products or services to you. We maintain physical, electronic,
and procedural safeguards that comply with federal regulations to guard your nonpublic personal
information.
•
•
•
• DISCLOSURES
Order No. 20070482
Pursuant to C.R.S. 10-11-122,notice is hereby given that:
(A) THE SUBJECT REAL PROPERTY MAY BE LOCATED INA SPECIAL TAXING DISTRCT;
(B) A CERTIFICATE OF TAXES DUE LISTING EACHTAXING JURISDICTION SHALL BE OBTAINED
FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT;
(C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH
DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE
COUNTY CLERK AND RECORDER,OR THE COUNTY ASSESSOR
Note: Colorado Division of Insurance Regulations 3-5-I, Paragraph C of Article VII requires that "Every title
entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title
entity conducts the closing and is responsible for recording or filing of legal documents resulting from the
transaction which was closed." Provided that Stewart Title of Larimer County, Inc. conducts the closing of the
insured transaction and is responsible for recording the legal documents from the transaction,exception number
will not appear on the Owner's Title Policy and the Lender's Title Policy when issued.
Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of
Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon
. compliance with the following conditions:
A. The land described in Schedule A of this commitment must be a single-family residence, which
includes a condominium or townhouse unit.
B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction
on the land described in Schedule A of this Commitment within the past 6 months.
C. The Company must receive an appropriate affidavit indemnifying the Company against unfilled
mechanic's and Materialmen's Liens.
D. The Company must receive payment of the appropriate premium.
E. If there has been construction, improvements or major repairs undertaken on the property to be
purchased,within six months prior to the Date of the Commitment,the requirements to obtain coverage
for unrecorded lines will include: disclosure of certain construction information; financial information
as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed
Indemnity agreements satisfactory to the company; and, any additional requirements as may be
necessary after an examination of the aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY
OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY
SATISFIED.
• File No.20070482
Siewan Title of Colorado-Ft Collins Division
Disclosures Rev. 10/99
• •
• DISCLOSURE
Order No: 20070482
To comply with the provisions of C.R.S. 10-11-123, the Company makes the following
disclosure:
(a) That there is recorded evidence that a mineral estate has been severed, leased or
otherwise conveyed from the surface estate and that there is a substantial likelihood that a
third party holds some or all interest in oil, gas, other minerals, or geothermal energy in
the property; and
(b) That such mineral estate may include the right to enter and use the property without the
surface owner's permission.
Note:
•
• Order No:20(170482
Stewan Title of Colorado-Pt Collins Division
Mineral Disclosure
Rev.07/2001
1
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