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P.O. Box 590 „„„ MUMS
Eastlake, CO 80614
303-451-5153
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2 Commission.(CBS 3-7-04)
3
4 THIS IRA NI HAS IMPUETANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD
5 CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING.
6
t CONTRACT TO BOY AND SELL NEAL ESTATE
8 (VACANT LAND-FARM-RANCH)
9
10 Date: DEC.14.2006
11
12 Purchase Price:Sa
13 ere-
15 14 1. AGREEMENT. Buyer agrees to buy, and the undersigned Seller agrees to sell, the Property �
15 defined below on the terms and conditions set forth in this contract
16 2. DEFINED TERMS. Mnt1NTAIN STATES LINE CONSTRUCTORS J TC
17 a. Buyer. Buyer .. Building fnrlunratinn L Mill take
18 title to the real property described below as U Joint Tenants O Tenants In Common
19 NZ Other .
20 b. Property. The Property is the following legally described real estate:
21 A parcel of Land in the SE* section 32 T1N R65W of the P.M.
23 in the County ofAcross/gib
Colorado,
24 commonly known as No. T,ANn ONT.V
25 Street Address City State Zip
26 together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant
27 thereto,all interest of Seller in vacated streets and alleys adjacent thereto,except as herein excluded.
28 c Data and Deadlines.
•29
Item No. Reference Event Date or Deadline
1 §5a Loan Application Deadline N A
2 §5b Loan Commitment Deadline
3 §5c Buyer's Credit Information Deadline
4 §Sc Disapproval of Buyer's Credit Deadline
5 §Sd Existing Loan Documents Deadline
6 §Sd Objection to Existing Loan Documents Deadline
7 §Sd Approval of Loan Transfer Deadline
8 §6a(4) Appraisal Deadline Refnrc el nqi nq
9 §7a Tide Deadline _Dec.23,2006
10 § 7c Survey Deadline 'Before ringq
`
11 §8c Survey Objection Deadline Before Closet
12 § 7b Document Request Deadline Jan.10,2007
13 §8a Tide Objection Deadline .Tan 1 n, 7n n-1
14 §86 Off-Record Matters Deadline .Tan 20 2007
15 § 8b Off-Record Matters Objection Deadline Jar 25, 2007
16 § 10 Seller's Property Disclosure Deadline
N II
17 § 10a Inspection Objection Deadline Before Closq
18 § 10b Resolution Deadline Before Closq
19 § 10c Property Insurance Objection Deadline Jan.20,2007
20 § 11 Closing Date Apri 1 3tt, Inn•
21 § 16 Possession Date Day of close-
22 § 16 Possession Time Day of Colaq
23 §27 Acceptance Deadline Date Dec,20,2007
24 §27 Acceptance Deadline Time 8 PM
CBS3-504 CONTRACT TO BUY AND sELL REAL ESTATE(VACANT LAND-FARM-RANCID) --eta AN
2007-2823
• • All Country Realty Inc.
I 1 l
3i d. Attachments. The following are a part of this contract:
• 3 RE7TNFTTTnNS CT.nSTNG TNRTBT1CTIONC
33
34 Note: The following disclosure forms are attached but are not a part of this contract:
35 NONE
36
37 e. Applicability of Terms. A check or similar mark in a box means that such provision is
38 applicable. The abbreviation "N/A" means not applicable. The abbreviation 'MEC" (mutual execution of
39 this contract)means the latest date upon which both parties have signed this contract.
40 3. INCLUSIONS AND EXCLUSIONS. The Purchase Price includes the following items
41 (Inclusions):
42 a. Fixtures. If attached to the Property on the date of this contract, lighting, heating,.
43 plumbing, ventilating, and air conditioning fixtures, inside telephone wiring and connecting bloeks/fackso'S
44 plants,mirrors,floor coverings,intercom systems,sprinkler systems and controls;and
45 NOWE
46
47 b. Exclusions. The following attached fixtures are excluded from this sale:
48 OIL,MINERAL AND CAS RICRTS WATER RICH S IF ANY
49 c. Personal Property. If on the Property whether attached or not on the date of this contract:
50 storm windows,storm doors,window and porch shades,awnings,blinds,screens,window coverings,curtain
51 rods, drapery rods, storage sheds, and all keys. If checked, the following are included: Qsmoke/Fire
52 Detectors QSecurlty Systems;and NONE
53
54 4. Transfer of Personal Property. The Personal Property to be conveyed at Closing shall be
55 conveyed,by Seller,fix and gitilig all taxes,(except personal property taxes for the year of closing),liens
56 and encumbrances,except .
57 Conveyance shall be by bill of sale or other applicable legal instrument
58 e. Trade Fixtures. With respect to trade fixtures,Seller and Buyer agree as follows:
59
60 NONE
•61
62 f. Water Rights. The following legally described water rights.
63
64
1t$X N
65 Any water rights shall be conveyed by US —A deed or other applicable legal instrument.
66 g. Growing Crops. With reap .t to growing crops,Seller and Buyer agree as follows:
67 68 BELONG TO BUYER UPON CLOSING.
69
70 4. PURCHASE PRICE AND TERMS. The Purchase Price set forth below shall be payable in U.S.
71 Dollars by Buyer as follows:
72
Item No. rkrill Item I urn Amount
1 nrn Purchase Price
2 MIME . ,.a
3 EM New First Loan
476= New Second Loan ; „-
5 MM. „ . ,:. , Balance
6 , 4d `n LAO_Pew it.j ii . a
7
8
9 fE CashatC .<;
10 - TOTAL
73 Note: If there is an inconsistency between the Purchase Price on the first page . i is , 4,the amount in
74 §4 shall control.
75 a. Earnest Money. The Earnest Money set forth in this section,in the form of CHECK
•76 is part payment of the Purchase Price and shall be payable to and held by ALL COUNTRY REALTY INC
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77 (Earnest Money Holder),in its trust account,on behalf of both Seller and Buyer. The Earnest Money deposit
7$ shall be tendered with this contract unless the parties mutually agree and set forth a different deadline in
79 writing for its payment. The parties authorize delivery of the Earnest Money deposit to the closing company,
• 80 if any,at or before Closing. In the event Earnest Money Holder has agreed to have interest on earnest money
81 deposits transferred to a fund established for the purpose of providing affordable housing to Colorado
82 residents,Seller and Buyer acknowledge and agree that any interest accruing on the Earnest Money deposited
83 with the Earnest Money Holder in this transaction shall be transferred to such fund.
84 b. New Loan.
85 (1) New Pint Loan. Buyer shall obtain a new loan set forth in this section
86 fo : ❑Conventional ❑Other
87 This loan will be secured by a (1st,2nd,etc.)deed of trust.
88 The total loan amount,not in excess of S shall be am over a
89 period o El Years O Months, payable at approximately S per
90 uding principal and interest not to exceed % per annum, plus, if by
91 Buyer's I a deposit of of the estimated annual real estate taxes and insurance
92 premium. If loan is an adjustable interest rate or graduated payment loan,the paymen interest rate
93 initially shall not the figures set forth above.
94 Loan disco points,if any,shall be paid to lender at Closing and shall not % of the
95 total loan amount N '0umnding the loan's interest rate,the first_loan discoun ints shall be paid by
96 and the balance,if any,shall be paid by
97 Buyer shall time y Buyer's loan costs and a loan origination fee not exceed % of the
98 loan amount.
99 (2) N Second Loan. Buyer shall obtain a new set forth in this section as
100 follows:
101 This loan will be secured a (2nd,etc.)deed
102 The total loan amount,not excess of S shall amortized over a period of
103 O Years ❑Months,payable at ly$ per ineludmg principal and
104 interest not to exceed % anon. If the I an adjustable interest rate or graduated
105 payment loan,the payments and interest ra initially shall not need the figures set forth above.
106 Loan discount points,if any,shall id to lender t Closing and shall not exceed% of the
107 total loan amount Notwithstanding the loan's st the first_loan discount points shall be paid by
• 108 and the balance,if paid by
109 Buyer shall timely pay Buyer's loan costs a loan origination fee not to exceed % of
110 the loan amount
111 c. Assumption. Buyer agrees to pay an existing loan in the approximate amount
112 of the Assumption Balance set forth in this p payable at S per
113 including principal,interest presently at per annum, also including escrow for the following as
114 indicated: O Real Estate Taxes O Insurance inns and
115
116 Buyer agrees to pay a loan fee not to exceed S . At the time of
117 assumption,the new interest rates not exceed%per annum the new payment shall not exceed S
118 and interest,plus escrow, if any. the actual principal balance of the
119 existing loan at Closing is less the Assumption Balance,which ca the amount of cash required from
120 Buyer at Closing to be by more than S then ❑Bo r May Terminate this contract
121 effective upon receipt by of Buyer's written notice of termination or
122 Seller ❑Shall Shall Not be released from liability on said an.. pplienNelompliance with
123 the requirements for re from liability shall be evidenced by delivery alt! of an appropriate letter cif •
124 commitment from t . Cost payable for release of liability shall be paid by - in "
125 amomt not toe S
126 d. ller or Private Financing. Buyer agrees to execute a promissory payable to:
127 as 0 Joint Tenants O Tenants in
128 Common er on the note form as indicated:
129 O(UCC No Default Rate)NTD 82-5-04 O(Default Rate)NTD 81-5-04
130 ❑Othe secured by a _ (1st, 2nd, etc.) tl of trust
131 the Property,using the form as indicated:❑Strict Due-On-Sale(TD 72-5-04) ,: . % .
132 O '!worthy(ID 73-5-04) O Assumable-Not Due On Sale(TD 5-04) 0 Oki,
133 _ 4 `a..
134 The promissory note shall be amortized on the basis of ❑Years O Months,payable at -
135 135 S per including principal and interest at the rate of % Per
13 armor. Payments shall commence and shall be due on the day of each succeeding
• 1 . If not sooner paid,the balance of principal and accrued interest shall be due and payable
CBS 3-5-04 CONTRACT TO BUY AND SELL REAL ESTATE(VACANT LAND—FARM—RANCH)
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138 after Closing. Payments 0 Shall Cl Shall Not be increased by estimated
139 annual rea tate taxes,and 0 Shall 0 Shall Not be increased by��� estimated annual
140 property ins n'um. The loan shall also contain the f terms: (1) if any payment is not
141 received within cal e s after its due date,a la of_% of such payment shall be due, (2)
• 142 interest on tat disbursements a sr'shall be_% per annum, (3) default interest rate
143 shall be %per annum yen m n nay without a penalty except
144 and(5)Buyer Shall Not execute and deliver,at Closing,a
145 Security and UCC-I Financing Statement granting the of the promissory note a
146 ( ,etc.)lien on the personal property included in this sale.
147 Buyer 0 Shall 0 Shall Not provide a mortgagee's title insurance policy,a er's expense.
148 e. Cash at Closing. All amounts paid by Buyer at Closing including Cash at Closing, plus
149 Buyer's closing costs,shall be in funds which comply with all applicable Colorado laws,which include cash,
150 electronic transfer funds,certified check,savings and loan teller's check and cashier's check(Good Funds).
151 5. FINANCING CONDITIONS AND OBLIGATIONS.
152 a. Loan Application. If Buyer is to pay all or part of the Purchase Price by obtaining a new
153 loan, or if an existing loan is not to be released at Closing,Buyer, if required by such lender,shall make a
154 verifiable application by Loan Application Deadline(§2c). Buyer shall cooperate with Seller and lender to
155 obtain loan approval,diligently and timely pursue same in good faith,execute all documents and furnish all
156 information and documents required by lender,and,subject to§4b(1)and(2)and§4c,timely pay the costs
157 of obtaining such loan or lender consent. Buyer agrees to satisfy the reasonable requirements of lender,and
158 shall not withdraw the loan or assumption application,nor intentionally cause any change in circumstances
159 that would prejudice lender's approval of the loan application or funding of the loan. Buyer may obtain
160 different financing provided Seller incurs no additional delay, cost or expense, and provided Buyer is
161 approved for such substitute loan.
162 b. Loan Commitment. If Buyer is to pay all or part of the Purchase Price by obtaining a new
163 loan as specified in§4b,this contract is conditional upon Buyer obtaining a written loan commitment. This
164 condition shall be deemed waived unless Seller receives from Buyer, no later than Loan Commitment
165 Deadline (§ 2c), written notice of Buyer's inability to obtain such loan commitment. If Buyer so notifies
166 Seller, this contract shall terminate. IF SELLER DOES NOT RECEIVE WRITTEN NOTICE TO
167 TERMINATE AND BUYER DOES NOT CLOSE,BUYER SHALL BE IN DEFAULT.
168 c. Credit information. If Buyer is to pay all or part of the Purchase Price by executing a
169 promissory note in favor of Seller or if an existing loan is not to be released at Closing, this contract is
•70 conditional upon Seller's approval of Buyer's financial ability and creditworthiness,which approval shall be
71 at Seller's sole and absolute discretion. In such case: (1)Buyer shall supply to Seller by Buyer's Credit
172 Information Deadline(§ 2c),at Buyer's expense,information and documents concerning Buyer's financial,
173 employment and credit condition; (2) Buyer consents that Seller may verify Buyer's financial ability and
174 creditworthiness (including obtaining a current credit report); (3) any such information and documents
175 received by Seller shall be held by Seller in confidence,and not released to others except to protect Seller's
176 interest in this transaction;(4)if Seller does not provide written notice of Seller's disapproval to Buyer by
177 Disapproval of Buyer's Credit Deadline(§2c), then Seller waives this condition. If Seller does provide
178 written notice of disapproval to Buyer on or before said date,this contract shall terminate.
179 d. Existing Loan Review. If an existing loan is not to be released at Closing, Seller shall
180 provide copies of the loan documcets (including note, deed of trust, and any modifications) to Buyer by
181 Existing Loan Documents Deadline(§2c). This contract is conditional upon Buyer's review and approval
182 of the provisions of such loan documents. If written notice of objection to such loan documents,signed by
183 Buyer, is not received by Seller by the Objection to Existing Loan Documents Deadline(§ 2c), Buyer
184 accepts the terms and conditions of the documents. If the lender's approval of a transfer of the Property is
185 required,this contract is conditional upon Buyer obtaining such approval without change in the terms of such
186 loan, except as set forth in § 4c. If lender's approval is not obtained by Approval of Loan Transfer
187 Deadline(§ 2c), this contract shall terminate on such data If Seller is to be released from liability under
188 such existing loan and Buyer does not obtain such compliance as set forth in § 4c, this contract may be
189 terminated at Seller's option.
190 6. APPRAISAL PROVISIONS.
191 a. Appraisal Condition. This subsection a.X Shall 0 Shall Not apply.
192
193 Buyer shall have the sole option and election to terminate this contract if the Purchase Price exceeds
194 the Property's valuation determined by an appraiser engaged by BUYER . The contract shall
195 terminate by Buyer giving Seller written notice of termination and either a copy of such appraisal or written
1% notice from lender that confirms the Property's valuation is less than the Purchase Price, received on or
• CBS 3-5-04 CONTRACT TO BUY AND SELL REAL ESTATE(VACANT LAND—FARM—RANCH)
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197 before Appraisal Deadline(§2c). If Seller does not receive such written notice of termination on or before
198 Appraisal Deadline(§2c),Buyer waives any right to terminate under this subsection.
199 b. Cost of Appraisal Cost of any appraisal to be obtained after the date of this contract shall
200 be timely paid byX179 Buyer ❑Seller.
•201 7. EVIDENCE OF TITLE.
202 a. Evidence of Title. On or before Title Deadline(§2c),Seller shall cause to be furnished to
203 Buyer,at Seller's expense,a current commitment for owner's title insurance policy(Title Commitment)in an
204 amount equal to the Purchase Price,or if this box is checked, O An Abstract of title certified to a current
205 date. At Sells expense,Seller shall cause the title insurance policy to be issued and delivered to Buyer as
206 soon as practicable at or after Closing. If a title insurance commitment is furnished,it O ShalKm Shall Not
207 commit to delete or insure over the standard exceptions which relate to:
208 (1) parties in possession,
209 (2) unrecorded easements,
210 (3) survey matters,
211 (4) any unrecorded mechanic's liens,
212 (5) gap period(effective date of commitment to date deed is recorded),and
213 (6) unpaid taxes,assessments and unredeemed tax sales prior to the year of Closing.
214 Any additional premium expense to obtain this additional coverage shall be paid byYdf Buyer O
215 Seller.
216 b. Copies of Exceptions. On or before Title Deadline(§2c),Seller,at Seller's expense,shall
217 furnish to Buyer and (1)a copy of any
218 plats,declarations,covenants,conditions and restrictions burdening the Property,and(2)if a title insurance
219 commitment is required to be furnished,and if this box is checked ❑Copies of any Other Documents(or,
220 if illegible,summaries of such documents)listed in the schedule of exceptions(Exceptions). Even if the box
221 is not checked, Seller shall have the obligation to furnish these documents pursuant to this subsection if
222 requested by Buyer any time on or before Document Request Deadline(§ 2c). This requirement shall
223 pertain only to documents as shown of record in the offices of the clerk and recorder. The abstract or title
224 insurance commitment,together with any copies or summaries of such documents furnished pursuant to this
225 section,constitute the title documents(Title Documents).
226 c. Survey. On or before Survey Deadline (§2cZV Seller Q Buyer shall cause Buyer and
227 the issuer of the Title Commitment or the provider of the opinion of titjpjf ignitfth thin current
228 a Improvement Survey Plat Cl Improvement Location Certificate
229 (the description chocked is known as Survey). An amount not to exceed$2 500.0 0 for Survey shall be
030 paid by Cl Buyedc®Seller. If the cost exceeds this amount, shall pay the
231 excess on or before Closing.
232 & TITLE AND SURVEY REVIEW.
233 a. Tide Review. Buyer shall have the right to inspect the Title Documents. Written notice by
234 Buyer of tmmerchantability of title,form or content of Title Commitment or of any other unsatisfactory title
235 condition shown by the Title Documents,notwithstanding§ 12,shall be signed by or on behalf of Buyer and
236 given to Seller on or before Title Objection Deadline(§2c),or within five(5)calendar days after receipt by
237 Buyer of any change to the Title Documents or endorsement to the Title Commitment together with a copy of
238 the document adding any new Exception to title. If Seller does not receive Buyer's notice by the date
239 specified above,Buyer accepts the condition of title as disclosed.by the Title Documents as satisfactory.
240 b. Matters not Shown by the Public Records. Seller shall deliver to Buyer,on or before
241 Off-Record Matters Deadline(§2c)true copies of all leases and surveys in Seller's possession pertaining to
242 the Property and shall disclose to Buyer all easements, liens (mcluding, without limitation, governmental
. 243 improvements approved,but not yet installed)or other title matters(including,without limitation,rights of
244 first refusal,and options)not shown by the public records of which Seller has actual knowledge. Buyer shall
245 have the right to inspect the Property to determine if any third party has any right in the Property not shown
246 by the public records (such as an unrecorded easement, unrecorded lease, or boundary line discrepancy).
247 Written notice of any unsatisfactory condition disclosed by Seller or revealed by such inspection,
248 notwithstanding§ 12,shall be signed by or on behalf of Buyer and given to Sella on or before OH--Record
249 Matters Objection Deadline(§ 2c). If Sella does not receive Buyer's notice by said date,Buyer accepts
250 title subject to such rights,if any,of third parties of which Buyer has actual knowledge.
251 c. Survey Review. Buyer shall have the right to inspect Survey. If written notice by or on
252 behalf of Buyer of any unsatisfactory condition shown by Survey,notwithstanding§Sb or§ 12,is received
253 by Seller on or before Survey Objection Deadline(§ 2c) then such objection shall be decked an
254 unsatisfactory title condition. If Seller does not receive Buyer's notice by Survey Objection Deadline(§
255 2c),Buyer accepts Survey as satisfactory.
256 d. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO
.57 GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNU
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25$ TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN
2.0 SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND EXCESSIVE TAX
pp BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE
I41 RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS
• 62 WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYER SHOULD INVESTIGATE THE DEBT
263 FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION INDEBTEDNESS OF
264 SUCH DISTRICTS, EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH INDEBTEDNESS,
265 AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES.
266 In the event the op..rty is located within a special taxing district and Buyer desires to terminate
267 this contract as a result,if written notice is received by Seller on or before Off Record Mitten Objection
268 Deadline(§ 2c), this contract shall then terminate. If Seller does not receive Buyer's notice by such date,
269 Buyer accepts the effect of the Property's inclusion in such special taxing district and waives the right to
270 terminate.
271 e. Right to Object, Cure. Buyer's right to object shall include,but not be limited to those
272 matters listed in § 12. If Seller receives notice of unmerchantability of title or any other unsatisfactory title
273 condition or commitment terms as provided in subsections 8 a,b,c and d above, Seller shall use reasonable
274 efforts to correct said items and bear any nominal expense to correct the same prior to Closing. If such
275 unsatisfactory title condition is not corrected to Buyer's satisfaction on or before Closing,this contract shall
276 then terminate;provided, however, Buyer may, by written notice received by Seller on or before Closing,
277 waive objection to such items.
278 f. Title Advisory. The Title Documents affect the title,ownership and use of the Property
279 and should be reviewed carefully. Additionally, other matters not reflected in the Title Documents may
280 affect the title, ownership and use of the Property, including without limitation boundary lines and
281 encroachments, area, zoning, unrecorded easements and claims of easements, leases and other unrecorded
282 agreements, and various laws and governmental regulations concerning land use, development and
283 environmental matters. The surface estate may be owned separately from the underlying mineral estate,
284 and transfer of the surface estate does not necessarily include transfer of the mineral rights. Third
285 parties may hold interests in oil, gas, other minerals, geothermal energy or water on or under the
286 Property, which interests may give them rights to enter and use the Property. Such matters may be
287 excluded from the title insurance policy. Buyer is advised to timely consult legal counsel with respect to all
288 such matters as there are strict time limits provided in this contract(e.g.,Title Objection Deadline[§2c]and
289 Off-Record Mitten Objection Deadline[§2c]).
290 9. LEAD-BASED PAINT. Unless exempt,if the improvements on the Property include one or more
• 291 residential dwellings for which a building permit was issued prior to January 1, 1978,this contract shall be
292 void unless a completed Lead-Based Paint Disclosure(Sales)form is signed by Seller and the required real
293 estate licensees,which must occur prior to the parties signing this contact.
294 IQ PROPERTY DISCLOSURE,INSPECTION AND INSURABILITY; BUYER DISCLOSURE.
295 On or before Seller's Property Disclosure Deadline(§ 2c), Seller agrees to provide Buyer with a Seller's
296 Property Disclosure(Vacant Land)form completed by Seller to the best of Seller's current actual knowledge.
297 a. Inspection Objection Deadline. Buyer shall have the right to have inspections of the
298 physical condition of the Property and Inclusions, at Buyer's expense. If the physical condition of the
299 Property or Inclusions is unsatisfactory in Buyer's subjective discretion,Buyer shall,on or before Inspection
300 Objection Deadline(§2c):
301 (I) notify Seller in writing that this contract is terminated,or
302 (2) provide Seller with a written description of any unsatisfactory physical condition
303 which Buyer requires Seller to correct(Notice to Correct).
304 If written notice is not received by Seller on or before Inspection Objection Deadline(§ 2e),the
305 physical condition of the Property and Inclusions shall be deemed to be satisfactory to Buyer.
306 b. Resolution Deadline. If a Notice to Correct is received by Seller and if Buyer and Seller
307 have not agreed in writing to a settlement thereof on or before Resolution Deadline(§2c),this contract shall
308 terminate one calendar day following the Resolution Deadline(§2c),unless before such termination Seller
309 receives Buyer's written withdrawal of the Notice to Correct
310 c. Insurability. This contract is conditioned upon Buyer's satisfaction, in Buyer's subjective
311 discretion, with the availability, terms, conditions and premium for property insurance. This contract shall
312 terminate upon Seller's receipt, on or before Property Insurance Objection Deadline (§ 2c) of Buyer's
313 written notice that such insurance was not satisfactory to Buyer. If said notice is not timely received,Buyer
314 shall have waived any right to terminate under this provision.
315 d. Damage, Liens and Indemnity. Buyer is responsible for payment for all inspections,
316 surveys,engineering reports or for any other work performed at Buyer's request and shall pay for any damage
317 which occurs to the Property and Inclusions as a result of such activities. Buyer shall not permit claims or
•318 liens of any kind against the Property for inspections,surveys,engineering reports and for any
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319 pgrfonned on the Property at Buyer's request. Buyer agrees to indemnify,protect and hold Seller harmless
320 from and against any liability, damage, cost or expense incurred by Seller in connection with any such
321 imposition,claim,or lien. This indemnity includes Seller's right to recover all costs and expenses incurred by
322 Seller to enforce this subsection,including Seller's reasonable attorney and legal fees. The provisions of this
• 323 subsection shall survive the termination of this contract.
324 11. CLOSING. Delivery of deed from Seller to Buyer shall be at closing(Closing).Closing shall be on
325 the date specified as Closing Date(§2c)or by rautuakwait*?earlier date. The hour and place of
326 Closing shall be as designated by MU'i J..
327 12. TRANSFER OF TITLE. Subject to tender or payment at Closing as required herein and
328 compliance by Buyer with the other terms and provisions hereof,Seller shall execute and deliver a good and
329 sufficientG eft era 1 Warrantd to Buyer,at Closing, conveying the Property free and clear of all
330 taxes except the general taxes for the year of Closing. Except as provided herein,title shall be conveyed free
331 and clear of all liens,including any governmental liens for special improvements installed as of the date of
332 Buyer's signature hereon,whether assessed or not Title shall be conveyed subject to:
333 a. those specific Exceptions described by reference to recorded documents as reflected in the
334 Title Documents accepted by Buyer in accordance with§8a(Title Review),
335 b. distribution utility easements,
336 c. those specifically described rights of third parties not shown by the public records of which
337 Buyer has actual knowledge and which were accepted by Buyer in accordance with§8b(Matters not Shown
338 by the Public Records)and§Sc(Survey Review),
339 d. inclusion of the Property within any special taxing district,
340 e. the benefits and burdens of any declaration and party wall agreements,if any,and
341 L other
342 11 PAYMENT OF ENCUMBRANCES Any encumbrance required to be paid shall be paid at or
343 before Closing from the proceeds of this transaction or from any other source.
344 14. CLOSING COSTS, DOCUMENTS AND SERVICES. Buyer and Seller shall pay, in Good
345 Funds,their respective Closing costs and all other items required to be paid at Closing,except as otherwise
346 provided herein. Buyer and Seller shall sign and complete all customary or reasonably required documents at
347 or before Closing. Fees for real estate Closing services shall be paid at Closing b}( One-half by Buyer
348 and One-half by Seller 0 Buyer 0 Seller 0 Other
349
350
•351 The local transfer tax of %of the Purchase Price shall be paid at Closing by ❑One-half
352 by Buyer and One-half by Seller ❑Buyer 0 Seller ❑Other
353 . Any sales and use tax that may accrue because of this transaction shall
354 be paid when due by ❑Buyer Cl Seller.
355 15. PROBATIONS. The following shall be prorated to Closing Date (§ 2c), except as otherwise
356 provided:
357 a. Taxes. Personal property taxes,if any,and general real estate taxes for the year of Closing,
358 based on Cl Taxes for the Calendar Year Immediately Preceding ClosingX Most Recent Mill Levy
359 and Most Recent Assessment O Other
360 •
361 b. Rents. Rents based on 0 Rents Actually Received 0 Accrued Security deposits held
362 by Seller shall be credited to Buyer. Seller shall assign all leases to Buyer and Buyer shall assume such
363 leases.
364 NONE
365 c. Other Pro rations. Water and sewer charges;interest on any continuing loan,and
366 N—A
367 d Final Settlement. Unless otherwise agreed in writing,these proration shall be final.
368 16. POSSESSION. Possession of the Property shall be delivered to Buyer on Possession Date and
369 Possession Time(§2c),subject to the following leases or tenancies: BONE
370
371 •
372 If Seller,after Closing,fails to deliver possession as specified,Seller shall be subject to eviction and
373 shall be additionally liable to Buyer for payment of$ 2 0 0 per day from the Possession Date(§.2c)until
374 possession is delivered.
375 17. NOT ASSIGNABLE. This contract shall not be assignable by Buyer without Seller's prior
376 written consent. Except as so restricted,this contract shall inure to the benefit of and be binding upon the
377 heirs,personal representatives,successors and assigns of the parties.
• CBS 3-5-04 CONTRACT TO BUY AND SELL REAL ESTATE(VACANT LAND—FARM—RANCH) V' nt\ —
Pane 7 of 10 >fai6a�r
• • All Country Realty Inc.
378 18. INSURANCE; CONDITION OF,DAMAGE TO PROPERTY AND INCLUSIONS. Except as
379 otherwise provided in this contract, the Property, Inclusions or both shall be delivered in the condition
380 existing as of the date of this contract,ordinary wear and tear excepted.
381 a. Casualty insurance. In the event the Property or Inclusions shall be damaged by fire or
• 382 other casualty prior to Closing,in an amount of not more than ten percent of the total Purchase Price,Seller
383 shall be obligated to repair the same before the Closing Date (§ 2c). In the event such damage is not
384 repaired within said time or if the damages exceed such sum,this contract may be terminated at the option of
385 Buyer by delivering to Seller written notice of termination. Should Buyer elect to carry out this contract
386 despite such damage,Buyer shall be entitled to a credit,at Closing,for all the insurance proceeds resulting
387 from such damage to the Pt op=ty and Inclusions payable to Seller but not the owners' association, if any,
388 plus the amount of any deductible provided for in such insurance policy, such credit not to exceed the total
389 Purchase Price.
390 b. Damage, Inclusions and Services. Should any Inclusion or service (including systems
391 and components of the Property,e.g. heating, plumbing,etc.)fail or be damaged between the date of this
392 contract and Closing or possession, whichever shall be earlier, then Seller shall be liable for the repair or
393 replacement of such Inclusion or service with a unit of similar size,age and quality,or an equivalent credit,
394 but only to the extent that the maintenance or replacement of such Inclusion, service or fixture is not the
395 responsibility of the owners'association,if any,less any insurance proceeds received by Buyer covering such
396 repair or replacement.The risk of loss for any damage to growing crops,by fire or other casualty,shall be
397 borne by the party entitled to the growing crops,if any,as provided in§3 and such party shall be entitled to
398 such insurance proceeds or benefits for the growing crops,if any.
399 c. Walk-Through and Verification of Condition. Buyer,upon reasonable notice,shall have
400 the right to walk through the Property prior to Closing to verify that the physical condition of the Property
401 and Inclusions complies with this contact
402 19. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document, Buyer
403 and Seller acknowledge that the respective broker has advised that this document has important legal
404 consequences and has recommended the examination of tide and consultation with legal and tax or other
405 counsel before signing this contract.
406 20. TIME OF ESSENCE,DEFAULT AND REMEDIES. Time is of the essence hereof. If any note
407 or check received as Earnest Money hereunder or any other payment due hereunder is not paid,honored or
408 tendered when due,or if any other obligation hereunder is not performed or waived as herein provided,there
409 shall be the following remedies:
•410 a. If Buyer is in Default:
11 O (1) Specific Performance. Seller may elect to treat this contract as canceled, in
412 which case all payments and things of value received hereunder shall be forfeited and retained on behalf of
413 Seller,and Seller may recover such damages as may be proper,or Seller may elect to treat this contract as
414 being in full force and effect and Seller shall have the right to specific performance or damages,or both.
415 X81 (2) Liquidated Damages. All payments and things of value received hereunder shall
416 be forfeited by Buyer and retained on behalf of Seller and both parties shall thereafter be released from all
417 obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES
418 and(except as provided in subsection c)are SF1.i ER'S SOLE AND ONLY REMEDY for Buyer's failure to
419 perform the obligations of this contract Seller expressly waives the remedies of specific performance and
420 additional damages.
421 b. If Seller is in Default: Buyer may elect to treat this contract as canceled,in which case all
422 payments and things of value received hereunder shall be returned and Buyer may recover such damages as
423 may be proper,or Buyer may elect to treat this contract as being in full force and effect and Buyer shall have
424 the right to specific performance or damages,or both.
425 c Costs and Expenses. In the event of any arbitration or litigation relating to this contract,
426 the arbitrator or court shall award to the prevailing party all reasonable costs and expenses,including attorney
427 and legal fees.
428 21. MEDIATION. If a dispute arises relating to this contract, prior to or after closing, and is not
429 resolved, the parties shall first proceed in good faith to submit the matter to mediation. Mediation is a
430 process in which the parties meet with an impartial person who helps to resolve the dispute informally and
431 confidentially. Mediators cannot impose binding decisions. The parties to the dispute must agree before any
432 settlement is binding. The parties will jointly appoint an acceptable mediator and will share equally in the
433 cost of such mediation. The mediation, unless otherwise agreed, shall terminate in the event the entire
434 dispute is not resolved within 30 calendar days of the date written notice requesting mediation is sent by one
435 party to the other at the party's last known address. This section shall not alter any date in this contract,
436 unless otherwise agreed.
437 22. EARNEST MONEY DISPUTE.In the event of any controversy regarding the Earnest Money and
438 things of value (notwithstanding any termination of this contract or mutual written instructions), E�
lip CBS 3-5-04 CONTRACT TO BUY AND SELL REAL ESTATE(VACANT LAND—FARM—RANCH) t
Page 8 of 10 I tier\
V
All Country Realty Inc.
439 Money Holder shall not be required to take any action. Earnest Money Holder may await any proceeding,or
440 at its option and sole discretion,interplead all parties and deposit any money or things of value into a court of
441 competent jurisdiction and shall recover court costs and reasonable attorney and legal fees.
•442 23. TERMINATION. In the event this contract is terminated, all payments and things of value
443 received hereunder shall be returned and the parties shall be relieved of all obligations hereunder,subject to
444 §§ lod,21 and 22.
445 24. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by
446 the Colorado Real Estate Commission.) 1 . This contract is contingent upon Weld County
447 approving a recordeaioRei*lspecial use review Premitt Bfore closing.
448 Special use defined as training (school ) for power lineman apprentices and others.
449 Also contingent upon issuance of a culinary well water permit.
450
451 25. ENTIRE AGREEMENT,MODIFICATION,SURVIVAL This agreement constitutes the entire
452 contract between the parties relating to the subject hereoff, and any prior agreements pertaining thereto,
453 whether oral or written,have been merged and integrated into this contract No subsequent modification of
454 any of the terms of this contract shall be valid, binding upon the parties, or enforceable unless made in
455 writing and signed by the parties. My obligation in this contract that, by its terms, is intended to be
456 performed after termination or Closing shall survive the same.
457 26. NOTICE,DELIVERY AND CHOICE OF LAW.
458 a. Physical Delivery. Except for the notice requesting mediation described in § 21, and
459 except as provided in§ 26b below,all notices must be in writing. My notice to Buyer shall be effective
460 when received by Buyer or by Selling Brokerage Finn, and any notice to Seller shall be effective when
461 received by Seller or Listing Brokerage Finn.
462 b. Electronic Delivery. As an alternative to physical delivery, any signed document and
463 written notice may be delivered in electronic form by the following indicated methods only:nFacsimile O
464 E-mai fla None. Documents with original signatures shall be provided upon request of any party.
465 c Choice of Law. This contract and all disputes arising hereunder shall be governed by and
466 construed in accordance with the laws of the State of Colorado that would be applicable to Colorado
467 residents who sign a contract in this state for property located in Colorado.
468 27. NOTICE OF ACCEPTANCE,COUNTERPARTS This proposal shall expire unless accepted in
469 writing,by Buyer and Seller,as evidenced by their signatures below,and the offering party receives notice of
470 acceptance pursuant to§26 on or before Acceptance Deadline Date(§2c)and Acceptance Deadline Time
•71 (§ 2c). If accepted, this document shall become a contract between Seller and Buyer. A copy of this
472 document may be executed by each party,separately,and when each party has executed a copy thereof,such
473 copies taken together shall be deemed to be a full and complete contract between the parties.
474
475
476 Date: I.. -15 'o G Date:
477 n greet
478 c-B-A.
479 N %Cain rtes Line Constructors Itl11C Building Corporation
48
481 Address.?001 South 900 East #240
Address:
482 Midvale, Utan S404T--
483 Phone No.:801 562-2929 Phone No.:
484 Fax No.: 801 566-8610 Fax No.:
485
486 NOTE:Ifthis offer is being countered or rejected,do not sign this document Refer to§28j
487 / Z _//r
f�_ d G Date:
488 Dote:/ O
489
490 !��
491 yeller Seller
492
493 ��Address: 2 1 1 r ci /(P Address:
494 fie etc e '- Co fro ( O 3'
495 Phone N6.: 710- - Sri And- Phone No.:
496 Fax No.: Fax No.:
497
498
I9 28. COUNTER;REJECTION. This offer is O Countered ❑Rejected.
CBS 3-5-04 CONTRACT TO BUY AND SELL REAL ESTATE(VACANT LAND-FARM-RANCH) eatSN
Page 9 of 10 ,Initials
C�
• • All Country Realty Inc.
500 Initials only of party(Buyer or Seller)who countered or rejected offer
501
502 END OF CONTRACT
• 503 Note: Closing Instructions and Earnest Money Receipt should be signed on or before Title Deadline(§
504 2c).
505
506
507 BROKER ACKNOWLEDGMENTS. The undersigned Brokers acknowledge receipt of the Earnest
508 Money deposit specified in§4 and,while not parties to the contract,agree to cooperate upon request with
509 any mediation conducted under§21.
510
511 The Selling Broker is a O Buyer's AgentTransaction-Broker in this transaction.
512 yy��
513 The Listing Broker is a ❑Seller's Agent*fTransnction-Broker in this transaction.
514
515 BROKERS'COMPENSATION DISCLOSURE.
516 Selling Brokerage Finn's compensation or commission is to be paid by Wasting Brokerage Finn
517 O Buyer Q Other
518
519 ATo be completed by Listing Broker)Listing Brokerage Finn's compensation or commission is to be paid by:
520 X2El Seller ❑Buyer ❑Other •
521
522
523 Selling Brokerage Firm's Name: ALL COUNTRY REALTY INC
524
525 Date: Dec. 14,7006
526 Broke
527 Address:
528 Phone No.: Fax No.:
529
530
531 Listing Brokerage Firm's Name: AL COUNTRY REALTY INC.
532
533 Date:DPc_14r2006 !�
534 Broker
535 Address: 1 71 45 l'LhRMnNT RT THf1RNTn?c r n R0741
536 PhoneNo.303-451-5153 Fax No303-451-57465
• CBS 3-5-04 CONTRACT TO BUY AND SELL REAL ESTATE(VACANT LAND—FARM—RANCH) ��
Page 10 of 10 �-+
•
•
VT. STATES LI \ - CO \ STPUCTORS JATC
• EXHIBIT A
A TRACT OF LAND LOCATED IN THE SOUTHEAST 1 /4 OF
SECTION 32, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH
P.M., COUNTY OF WELD, STATE OF COLORADO
rs •
h r. . t .. }..of tf / 1,. x a •.'aA. ".>Z' .
qgs x; '
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if Y s x4- r'' m, 444 '�+c �iir q� Y„f' qr.,-
x
4, AP '•�Y ? tus x '+J r T
8 Y 4sI x• 3 n r-whe w yf.d - ' , max- ", - - r r vP^p'
it i e� rMnf a . •'4 ° k x 4 a*-14 xt b 'Y '''''4`,..—p:',[":"" L �C 1 Ba '„, '''„c"42: '4-. ♦ ;Jr'''. _
W wi t22-1-'4 - }g ,�Ryy�Ye
A
Z .,14,-4.7!,;,---,P S�
n 1900:LIT
ST.,
0 ��• jam• SUITE 1-F
• lE3 TETRA TECH LONGMO03 772 5 80501
= MAIN:303.772.5282
�T FAX: 303.772.7039
SCALE: 1'=2000' l� 04/16/2007 ELR 1 OF 1
JOB# 80-5259.001 .00
• CERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
Land Title Order No.: SACK
The Land Title Guarantee Company (TITLE INSURANCE or ABSTRACT COMPANY) hereby
certifies that it has made a careful search of its records, and finds the following conveyances
affecting the real estate described herein since August 30, 1972, and the most recent deed recorded
prior to August 30, 1972.
Legal Description:
The Southeast Quarter of Section 32, Except the North 210 feet of the Southeast Quarter of Section
32 and except the East 210 feet of the Southeast quarter of Section 32, all in Township 1 North,
Range 65 West of the 6th P.M., County of Weld, State of Colorado.
CONVEYANCES (if none appear, so state):
Book 572, Page 76
Book 1550, Page 541
Reception No. 1817781, Book 896
Reception No. 2151061
• Reception No. 2713062
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 of Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee
paid for this Certificate.
It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by
its proper officer this 16th day of April, 2007 at 5:00 o'clock P.M.
LAND TITLE GUARANTEE COMPANY
By: kJ\/O
Heidi Crue
Title Examiner
•
•
p sanc.n.cr.uaraweatro.a...a. a
di A` o% 3. 1 Ct)t8 Weean Made this_...j,'tealt. ._ day d...r.. .1Av.o \ -
- , - - 'm the leer et ore cad eras tbwrsed vb htvdmd sad. hole
WARRANTY DEED kt. V � r.ewler
• `a
a
i ____ __ _ _.. - _ _. el the_ -]A't n••-( C intyof.__ /1)4..vw'o._.. and State of Colored..of he
:: I .. _ _ fist part,and_.-l'4'l [ a.' _. r�..fMae.ul _
1
I1 � inu_rey,,a„x_a '.. R« w
r . of the Us(.4.Cwnty of ipAreas.nf _.,and State of Colorado f the wend
WEER Teat the said part el of the Sant Wt,for sad in consideration of the nom
j ___ _ _:: -.:.._- of dbar- vt')IS Aver aside o-?S.red.c a9 nipa Fe*wAsedvenal'
d t It xl'A Caen Wunrx 1uo of the filet partpaid the said e to the raid part bypart.^t....of the second part.the re
iiII This Warranty Deed wan filed for'word whereof 1,hereby 9 confessed and acknow
ledged,kdgd,ImO granted,bargained,sold and rose-
t 1o'clock 'A(1 --1)Y_Y i i.Ill Iy_ yeyed,end by these prima do cis.grant bargain, Bell, convey and confirm to th• u:,l
LI YuA. C� /. i pert y of the n�ml part, 'Lance h nand assigns forever,ell the I Ib rq I rril.ry,
d u4.l.x �' •' t ' Recorder lot -or parttl —of land,situate,lying and being in the r .J.ul _ .
Own,- County of Held and State of Colorado,tuvit
t. ..f ....1 ,k t. :.,. L!la... "f Y,al r.,-. . J) -...,.:In......a.S,J�, c.-...ir Y
..,_W. a„,,,,_ '- .-._, ..•..w,'i�;.Li Ye-... mica., .� •.it', r,., d '_r lv.:u,> ^..lo.a)p,
ti
A L. _i. —.+ Ft, rase.Li Li
- in
� 1' t
2i ,.1, ,, ,I a
TOGETHER with all and singular the hereditament.and appurtenance thereunto belonging,or in anywise appertaining,and the revcreoe
• I and it naove remai der and remainders nets Sues and profits thereof,and all the elate,right title interest,alarm and demand whateoner d r.
t. - I the said ten ✓ of the!r-,part either in law or equity,of,in and to the above bargained pismires,with the bereditammts and appurtenmw,
` k TO 1&\-k:AND TO HOLD the Ao,d.premises _ appurtenances,cudor -
, l --end part,. heirs and arraigns forever. And the said ill
pert_ .of thorn!
'I pert, forIto e_ I hirs, executors and °dmwubatore,do_v,.- grant,bargain and '}
vent agree b 3 with hound '
—'r d e, ) h and mm,perfect,
at the ems thecrowding and delivery of throe w,a plea -COd h_.
well mw.l of the aim ! nreyd m al grist rum,pedrt absolute and indefeasible estate of inheritance,in mw, feesa ewpl and h
2 prod right full pa: and f d authority to grant,bargain,sell and comfy the wise m inciter and form afortnad,and that the Wee.," II
tE I' clear from all towerr,and other grants barges*,tales,lens,tares saemmeets and mcumbnncee of whatever kind mil_'.. ...nature sower:
S `:wall ..,.,_d .r,. ........!- :...✓A __ u.,...rL... a.i.q.Tn .s_tsi.,� 9xo..- _ -
` t II
and the
above dbeesr> perms or premises In the
quietLawfully peaceable
l or to w elan en or J� d .... f the(woad Mrt4 A S d ass n. ,'
e
and agaNI R A:{FL1NT AND FOREVER DEFEND. He whole or any part theiol,the said part+d._,of the first part rFell and
Ii00 0
I' IN It lT\FS;WHEREOF,The mind part ,1 of the fiat part haze. herewith set_. .yu„,j hank .
l. y fit shove nntrm said wait,— the dal said
tto
signed, Meld 1 Ikl-. d iv 'ranee air )
_. e'� t.4,(k_. JcEe'.I
Isead `
4d: • r
t _ _�SEnll t STATI r ' �, �Vtad
n..tiJ,i>lirr'NO r_ MIH> and � � 1. .l'..,>sy... . X• ISF.ALi
r' i I itColl '>' m the Sao alorewd,do hereby certify that
and for
il . therein
La..-.,,.0._ Iy A who pen 5}� b b be the eo - 1 name M nuhmnhd to the ,al. ...._ a prtsoea gym
acknowledged!list sXs 'pin sealed and delivered the stud Did,ap0cartd eed v befon a a,y dal m person said
3 r ranm o°f wlog
I � •cr...z cars said wrpmes eherc n wt berth. at, k�...u.free said aolwtarl act
• aI ,,, ,mart Cowen wed my hand anax tnn..a9 .ml !loll 3"'+ .._ dp
My mm udav upon__ ],..,,_3.. . ?7Jt if-Q,_17x11.
a�‘. s Q1.x� .,x a� —
N W ibeWl�
- 1480074081)8T uiaene .•. — -
it
i
.
u.--
•'h ,f
».. aFE$}119fl1D i46eud,Zn BooKit ME 541 i
• D 3227D4
la the year d our Lord ,
Txu Dim, Mat ale 5th day YsbrmT7
ore Unbend wins hadrd w sixty between
MARGARET B. HIATT
d the Cagan d Weld w Slated Colorado,of the first
port,end
MIMIC SRRT1C6 COIRANT 0►COLORADO
tion
• r,.
M1,'7 I window'sad satin ender w by virtue d w lap of the State of Colorado,of the second part: 2 .. `.• I of to first part,for w in analdention of the sum of Slettif
`.i: MD Dollars
( 10.Ile said dart y
ar5 1 Ten Dollars (310.of and other Ind
valuableby the SI party
e ty.1 Use second
pad, receipt whereof le .i
''t'r `wi te eb aaY/set y Noland tad acknowledged.ed God Dad b bead pateW tunny d.w bT Steve DrawW do e s bargained.sold hanN baassb,moll,a woe i e �~� thewad pert.Ira nocesson ad nine forever,
w aoor par rite the ran parer of fb called the PreaWeel,situate,lying and being 1
•
\ of all the f.Ih.W e..eemd lot m pared e of land pedmfee ad State d Caer.do,to wit:
p�idr � la to Canty d Weld
-tit E PARCEL 1. The north two hundred ten (210)[vet of the southeast
'. 3 one-quarter (SE 1/4)of Section 32, Township 1 North,
'y`'* I Range 65 West, of the 6th Principal Meridian. Con-
, 'i't;r taming 12.73 acres, more or less.
.f,.,1R T
c PARCEL 2. The east two hundred ten (210)feet of the southeast ,
•" t b ; one-quarter (SE 1/4)of Section 32, Township 1 North,
Range 63 West, of the 6th Principal Meridian. Con-
. taming 12.73 acres, more or less. Subject to existing II
roads. I
C
gi p 1.0
I
,3' `f II
(i
• "-- i f.
r c II
Ile leedHamede sad apparieamwa+ihortonb belonging.or in anywise II
TOfimss with a ad slag••••1•10110.
er ad nrWne,seals,issues red events thereof:and all I'
sppatebtsg,sad the random let see•d r edoder d tie Drat part,eitherin law -
-_:t therbte,rldht,nth.lnterest.eWrw Anna waWseet of hi mold part y
4! ...:3 of watt,of,la O.to the save barmen.lew Who,with the beralt menb and appurtenances. .
RPdOTOtO,INT/WM.te W Onatorla)se to wane)d lardabutting the Pnnlen,and to the Gunton I
'.i •unoan sari ownership,in sa oownership,the leaewlagi The right id privilege to we the Premises for agricultural use end .
°puns,as in as sorb ewe demo pet Islwbn with soy at,of the Pryiea which the Cnntee.its suecnwra or I;
emirs may at Urea er taw chain to male.provided the Grant's) her heirs.executor..administrator.
and amigos reline the Grist, Its ems en or sans free say and all liability In nuking each agricultural '''C.
s d the Frames Gnat,The its owners s and assigns shall net be liable for damage cased to property II
"d' (stowing er otherwise)se Paeel .The Oranteels) hog heirs.aerators,erators,adminlstnton and assign. I
�d �?tµr W r Th
eve maintain any stature oar se o stations,or to plant any tree.,or to li
shall atpa Wye hemto se I
. i' . Innis• b, a stud W W pe a.
ea el ,
TO SATs AND TO SOLD the mid Fan no.ehewsllbargsined w downbeat.with the sppurtetunre.,unto the
.w part,d Os weed pan,W aaseeeee and saga forever. And the said part y of the first part, for I •
dr helm. ea. does eev,iaet,gnat,borate sad agree to sad with i r
:.i.°�, the sad Pens the.eeo d Pan, ad n ads that at the time of the en.eding and delivery of '
parer w wshe e sin.
•• these prawns,she IY well'dad d the Pnmlme show moeyd.u of gooA sun.perfect,absolute and
tndefeawlble)sate of laheettaaw.Is law,She simple,sod he s good right,full power and lawful authority to �.
t'' gnat.Wfalo,ail ad wan W some Is arum ad in as aforesaid.ad that the same ore free and clear from I,
I a former and other rests,harpies,sass.hack,hee.sees e.ta sad Iruubrenrrs of whatever kid or nature p
wooer. except general real estate taxes for the year 1939, payable In 1960, a,vl r
subsequent'yesrs, sad that certain oil and gas lease recorded in Rook I.:NI :ti I.
Page 527, records of Weld County, Colorado, 1 w
r r.; 11 1 .
` and the ahem bargained Premier be t a maim and peorede Msesadas of W rid part of th..and pan. It. I m
su ces-n W..n=.agdrt all sad every pima or pewaaa lewfday Salo,r h elate the wale or SPY pen ) (
the sa
id id part y of the flea in ad shall will WARRANT AND►ORRPtR DIPRND. I
I
ii
n•
r`
•
• _ 4z-k PI,S
• Y. Boat ) ► 542
Yea 5 R w..a wm0IY.7Y W porky d the fink port V• Mnttw M ).a tot
dad W b sal root 46•4 arm,ISOM
I x �.. eta.l..M W Defea t.W has d )
_.__. ( _.._. ... (UAL) /
.. __........._._ (RAL)
O�O0LO..Da. }
DST
a w Warta Wlda.r tY. 5th b a ?On-any
"f r B. Matt.
1)y 26, 1962.
"f=_
WRAP[OF COLORADO. 4,4
4'
C•••17 d }—
The faada Wombat—.dn.aatt► oo r UMb.1
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l-f •h.� �i FC v.�'1.Y yk3\ �r t F�J ;...' tii l 1 \ -N�
o�� So FEB 25 ` :
3' Recorded st__ oclock__ _..El.. f - 4r-ev..•
t- Rn A._ '� ,_
'jj896 w.�..7�s8p�t ��j�y�{�w (• •s R ,
-A ' Reception No_ 1�3-..I_s v} _. f ei- ,,y Colored, -
aj a____- �ze
THIS DEED, Made this l ail day of February . 19 80
between MARGARET B. WATT, whose address is 536 -
West Cambridge, Phoenix, Arizona 85003 I t
v vttle-c1 -and II
-ad 9eate•of•eolerado, of the first part. and Il %
-Comity-of---Bettvez---
a MARYELLEN SAWYER HAIEN, whose legal address is 536 West I
,4 Cambridge Avenue, Phoenix, Arizona 85003, and JOHN H. 5 WYER,
whoaeleg ddrms
alala 12502 Red Hill, Santa Ana, California 9205, '
—_
Anna niUbalatebt•A
os
•
fialaxada,of the imeond part:
C for and in consideration of the sum of
W17NESBE7'H.That the said party of the fiat part,for
r
o Ten aidDollars and other goon and
hand paid valuableconsideration ies ie second pat.the receipt whereof is ,
to the said party of the first partand by these presents doe s
obargained,sold and conveyed,
c hereby confessed and acknowledged, has granted, of the second D�Xheirheirs and assigns for-
ever,c grant. bargain, sell, tomey and corm, dints the said part ies
z^tof land,situate,lying and being in the
ever,all the following described lot or parcel
c-_, County of Weld and State of Colorado, to wit:
SE1/4 of Section 32; except the North 210 feet of the SE1/4 of
`;r -Section 32 and except the East 210 feet of the 5E1/4 of Section �L
cw 32, all in Township 1 North, Range 65 West of the 6th Principal .;ini -
Meridian
taw
(Gift - Consideration Less Than $100.00)
also known as street and number Undeveloped farm property
the hereditament. and appurtenances thereto belonging, or in anywise
TOGETHER with all and singular
appertaining, and the reversion and reversion; remainder and remainders, rents,issues and profits thereof,and all
the estate,right, title,interest, claim and demand whatsoever of the said part y of the first partt either in law
• or equity of, in and to the above bargained premise; with the hereditament.and appurtenances_ —
TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the ,.,
said part ies of the second part,their heirs and assigns forever. Ar_i the said part y of the first part,
and administrators,does covenant,grant,bargain,and agree to and IS iliii
for herself, her heirs, aerators,part e, qtr' �� that at the time of ts^ caseating and delivery IM with the aid parties of the second t he-r y^crs and assigns,
LK of these presents. she i5 well seized of the premises above conveyed. as of good,sure, perfect, absolute and
indefeasible estate of inheritance,in law,in fee simple,and has good right, full power and la�fal authority
IMP to grant,bargain,sell and convey the same in manner nod form as aforesaid, and that the same are free and clear
from all former and other grants,bargains, sales,hens• taxes, assessments and encumbrances of whatever kind or —
nature'mever, except the general property taxes for the year 1979 payable in 1980 a
and rights of way for public roads and irrigating ditches and maps and statement br"
I if any, for ditches and reservoir sites, and easements and restrictions of recor ,
A.
and the above bargained premises in the quiet and peaceable possession of the said part ies of the second part-
1+. their heirs and arigns against all and every person or persons lawfully claiming or to claim the whole aye.t_
thereof, the said part y of the first part shall and will WARRANT AND FOREVER DEFEND-
or any wr h_rsunto set hand
ro 1 IN WITNESS Wrrsurnv ^;d ye,;y of the first part has her end real the day sad year Srat above written. Iii!
L
i • MARGA B. WATT .1
(SEAL)
I
(SEAL)
bf:
ISTATE OF-CO+DRADD n
,Arizona p°...
as L
i ,,. '''•''''- County of NiarlCOpa
'0 .'1'h4 sing instrument was acknowledged before me this 11th day of February ``
mgo'u e... argaret B. Hiatt / b`
^,,,,� 7 ,r .Witness my hand and official seal.
ciuun}eu-. expiresq
. ..///7 llfi-.
-G'Jnniy - -i-(e-g et----mid:Tic-of CelC'c , („l I CVPY.FN'
0 MARYELLEN SAWYER HAIEN, o I
se legal address is 536 West . .,
�;I' Cambridge Avenue, Phoen Arizona 85003 and JOHN H. S WYER,• II - � ,,.
A4it whose legal address is 12502 Red bill, Santa Ana, California f �a 92 OS ______
•'
C ;:the
B •
bland',of the second part: I '�
W177iESSETH.That the said party of the first part,for and in consideration of the stun of xrf>d>tr(a'Hst µi3^
Ten Dollars and other cool and valuable consideration of the second part,the receipt whereof is net::::
o to the said party oL the first Wrt in hand paid by said part iesa .
ogranted, bargained,sold and conveyed,and by these presents do cc
r. herebybargain,
confessed and acknowledged,and ged, has of the second parts heithelrn and assigns for-
:"-.. _, grant, bargain, sell, convey and confirm, unto the said parr ies i'rry
v3 _
aver,all the following described lot or parcel of land,situate,lying and being in the
4' and of State Colorado to wit: 14
e ,
County of Welda. '_
c?
SEl/4 of Section 32; except the North 210 feet of the SE1/4 of ....Li-
---
(..,-;
ti Section 32 and except the East 210 feet of the SE1/4 of Section
j 32, all in Township 1 North, Range 65 Nest of the 6th Principal I s
Meridian
(Gift - Consideration Less Than $100.00) --
also known as street and number Undeveloped farm property
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
of the first part,either in law
the estate,right,title,interest,claim and demand whatsoever of the said part y
or equity, of, in and to the above bargained premisea with the bereditaments and appurtenances.
TO HAVE AND 7'0 HOLD the said premises above bargained and described with the appurtenances
unto the .
said part ies of the second part,their heirs and assigns forever. Aid the said part y to and
•
for her self, her 6= r.irs, executors, and sdm -`=0 does covenant,grant,bargain,and agree
NM with the said parties of the second par_F and assigns, that at the time of on(roweling and delivery
of these presents, she is well seized of the premises above conveyed, as of good,sure, perfect, absolute and
• indefeasible estate of inheritance in law, in fee simple,and has good rgbt, full power and lawful authority
•a grant,bargain,sell and convey the same in manner end form as aforesaid,and that the same are free and clear
from all former and other grants,bargains, sales,liens, taxes' assessments and encumbrances of whatever kind or tea.
nature'never., except the general property taxes for the year 1979 payable in 1980 ax
and rights of way for public roads and irrigating ditches and maps and statement
if any, for ditches and reservoir sites, and easements and restrictions of recor
and the above bargained premises in the quiet and peaceable possession of the said part ies of the second part
their heirs and assigns against all and every person or persons lawfully claiming or to claim the whole
or any part thereof,the said part y of the first part shall and will WARRANT AND FOREVER DEFEND.
i hereunto set her
IN WITNESS y.l7pprnc •s_�,� ,y of Coe first part ha s
hand -
and seal the day and year first above written.
_. . .. .._(SEAL)
MARGA B. HIATT
(SEAL)
1 _(SEAL) -,
- _ _.. __ .
STATE OF.00L0RSDD,Ariz0na l k '
J
.''''' •.,. . CDlmty of JVl owlCOlla
av\ uutrument mu sclmowledged before me this l lib day of February <r
2- „,_ • F,,"Margaret B. Hiatt
' '•i ccomu .Witness my hand and official seal
r . i {_._C' r:O.r. iei52 .__..... - __. 1aLrr I1i11c — -
.Y A TA Co4rr „•r� Al NdrtE.t• ;.•:
MTh—
_.
n!'q t ea-
No.ti2. waaawtrrr DICED-9'w erw.+alda t tt—sradf d rmirsds co.teta-u Stott s,...a net..,r..,.-..... _-
.s_ - Svc- a
netts
- i
a
.
B 1205 REC 02151061 08/10/88 16:21 $3.00 1/001
AR2L51061 F 0683 MARY ANN FEUF.RSTEIN CLERK & RECORDER WELD CO, CO
RECORDING REQUESTED BY AND WHEN
RECORDED RETURN TO:
CERTIFIED ESTATE PLANNING
701 SOUTH PARKER STREET
SUITE 8000
ORANGE, CALIFORNIA 92668 SPACE ABOVE FOR RECORDER'S USE ONLY
QUITCLAIM DEED
The undersigned declares that the documentary tax is $_NONE_ and is for
NO CONSIDERATION.
APN:
AKA:
FOR VALUABLE CONSIDERATION, receipt of which is acknowledged, I, JOHN
H. SAWYER, hereby GRANT to JOHN H. SAWYER and ADELE H. SAWYER, Co-
Trustees, U/D/T dated June 14, 1988, F/B/O The Sawyer Family as
community property, the following UNDEVELOPED FARM PROPERTY in the
County of alp, State of COLORADO:
SE 1/4 OF SECTION 32, EXCEPT THE NORTH 210 FEET OF TOE SE 1/4 OF
SECTION 32 AND EXCEPT THE EASTFEET
T WEST THE 6TH PRINCIPAL
210 OF THE SE
1CTION
32, ALL IN TOWNSHIP 1 NORTH, RANGE
6MERIDIAN.
This is a transfer to a revocable living trust for the benefit of the
GRANTOR(S) executed this 14TH JUNE 1988, at Orange, California (R & T
11911) . The legal description incorporated herewith has been taken
from a previous deed and has not been verified as to authenticity or
accuracy by Certified Estate Planning, Inc.
State of California •
County of Orange :ss
On this 14TH JUNE 1988, before me,
the undersigned, a Notary Public in l--4 ‘I-1---
and for said State, personally
appeared
JOHN H. SAWYER
• and proved to me on the basis of satisfactory
evidence to be the persons whose names
are subscribed to the within instrument
and acknowledged to me that they execut
WITNESS my hand and official seal �✓:L�N /l"(</
t
OFFICIAL SEAL i
1• WAS N.MILLIKEN
Nary Nplo-Callo,,,•
WAGE COUNTY
'r!'� N.Canes Eo.han to, m,
i11111111111111111111111dui11 111111iii111111111101 •
2713062 08/10/1089 03:12P Weld County CO
1 of 2 R 10.00 D 18.50 JA Sukl taukeeete
Cron
WARRANTY DEED
THIS DEED, Made this 2nd day of August ,19 99 ,
berween
Maaryellen Sawyer Haien and John H. Sawyer and
Adele H. Sawyer, Co-Trustees, U/D/T dated June 14,
1988, F/B/O The Sawyer Family as Community Property
Sl •
of the County of Weld and State of Colorado
A r- grantor,and Donald Sack -` [ V A I rOp 1
whose legal address is P.O. Box 1091, Brighton, CO 80601 w
of the County of Adams and State of Colorado ,grantee:
WITNESSETH,That the grantor,for and in consideration of the sum of ONE HUNDRED EIGHTY FIVE
• THOUSAND AND NO/100
-DOLLARS,($185,000.00 ),
the receipt end sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents
does grant,bargain,sell,convey and antrum unto the grantee,his heirs and assigns forever,all We real properly together with
improvements,if any,sima e,lying and being in the County of Weld ,and State of Colorado,
described as follower.
The Southeast Quarter of Section 32,
Except the North 210 feet of the Southeast Quarter of Section 32
and except the East 210 feet of the Southeast Quarter of Section 32,
• all in Township i North, Range 6e,West of the 6th PAC, _.
County of Weld, State of Colorado
• alsotnown by street and number as Vacant Land, Weld County, Colorado
TOGETHER with a0 and singular the herednsments and apptWenawes thereunto belonging,or in anywise epprWning,and
the reversion and reversions,remainder and remairden.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
hered'ntamnts and appmmnances.
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 himself,his beua and personal representatives,does covenant,grant,bargain and
agree to and with the grantee,his heirs end assigns,that at the time of the meriting and delivery of these presents,he is well
.. seized-of the-promisee above-conveyed,hr-good,sure,perfect, absomic.andd-indefeasibk.eGate-of.inheritnce,.in.law,.in. ..
fee simple,and has good right,full power and lawful authority to grant,bargain,sell and convey the sane m manna and form
as aforesaid,s d that the same are fee and dear from-all former and other gran,bargains,sales,liens,taxes,assessments,
eneumbnoces and restrictions of whatever kind or nature never.except for lases for the current year,a lien but not yet due or
payable,easements,restrictions,reservation,covenants and rights-of-way of record,If any.
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable posses-
sion 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.
ITNESs WHEREOF,the gn has executed this deed o the date set forth above
-- Maryefl "Sawyer to en - ..
John awyer and Adele H awyer, Co—Trustees, U/D/T dated June 14, 1988,
F/B/ Sa r Family as Community Property
_r NS • By: - E.E.- By: 9144/4 1,C4.4fraiv yTEE
ti A.5 John awyer, — rustee Adele II. Sawyer, Co—Trunitee
STATE OP Colorado
)a.
COUNTY OF -°/neS a, ) .--d
The f!oorreegp�jpgyyytrutpent was acknowledged before me this a?. W day of August ,19 99 ,by
• Har11A}len.'Sdypr Haien
My Cmnonu m sion expires::D/— 0a—O3 it. yhannd End off h s
Notary Pub'• WARRANTY DD®Nor Phatoeapke Rnwd)PaaaNrew O„'. (trine U0SII9A99
i111111uiu111111111111iui1111 11iii11111imim •
2713062 08/10/1000 03:12P Meld County CO
2 of 2 R 10.00 D 18.50 JR Suitt Tsukasoto
• State of CCdA p4vu cti
County of
The foregoing instrument was acknowledged before me this .; day of August,
1999, by John H. Sawyer and Adele H. Sawyer as Co-Trustees of U/D/T/ dated
�H3 June 14, 1988, F/B/0 The Sawyer Family as Community Property.
My Commission Expires: Witness my n official seal.
12G,ter°3 Public
Notary Public
DB00:7RUCNSCAUCH
_ ti caywspn 812173/8
ommgecounty
•
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