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Home My WebLink About20060169.tiff 326 1111111111111111111 I1111111111111'a"�1 III 1111111111111 3026326 01/2012003 04:23P We...County,CO 1 of 1 R 6.00 0 0.00 Steve Moreno Clerk&Recorder WARRANTY DEED MISDEED,dated this le day oflanuary,2003,between George B.Carlson and Mary F.Carbon ofDouglas County,Colorado,grantors and The Mary F.Carbon Revocable Living Trust and The George B.Carbon Revocable Living Trust, grantees,each of whose legal address is 7561 Kelty Trail,Franktown,Colorado 80116. WITNESS,that the grantor,for and in consideration of the sum of TEN DOLLARS,the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant,bargain,sell,convey and confirm unto the grantee its,successors and assigns forever,all the real property,together with improvements,if any, situate,lying and being in the County of Weld and State of Colorado,described as follows: Lot B of 2se Amended Recorded Exemption No.0705-08-1-2nd AM RE1873,recorded September 8, 1999 as Reception No.2719193, being a part of the NE 1/4 of Section 8,Township 7 North,Range 67 West of the 6th P.M.,Weld County,Colorado EXCEPTING THEREFROM a parcel of land conveyed to Weld County,Colorado by deed recorded March 7, 1907 in Book 250 at Page 48, being more particularly described as follows:A strip of land 30 feet wide of the entire North side of the NE 1/4 of said Section 8. also known by street and number as 7690 Weld County Road 84,Fort Collins,Colorado 80524. assessor's schedule or parcel number: TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining,the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and all the estate, right,title,interest,claim and demand whatsoever of the grantors,either in law or equity,o1 in and to the above bargained premises,with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantee,its successors and assigns forever.The grantors,for themselves,their heirs and personal representatives,does covenant,grant,bargain,and agree to and with the grantee,its successors and assigns,that at the time of the ensealing and delivery of these presents,grantors are well seized of the premises above conveyed,has good,sure,perfect,absolute and indefeasible estate of inheritance,in law,in fee simple,and has good right,full power and lawful authority to grant,bargain, sell and convey the same in manner and form as aforesaid,and that the same are free and clear from all former and other grants,bargains,sales,liens,taxes,assessments,encumbrances and restrictions of whatever kind or nature soever,except (No exceptions). The grantors shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee,its snrmams 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. INWITNESS WHEREOF,the grantors have executed this deed on the date set forth above. 4FGeorge B.Carann STATE OF COLORADO) Cowry of Douglas ) The fueg•;". - an was acknowledged before me this 16th day of January,2003,by George B.Carlson and Mazy F. Carlson. ��J iv; ., :"0 '`R.1•.5s t ass my hand and official seal. • t : t issinn mikes:10/07/06 1 �OF& Pig• Notary Public Nate nEtmesotea=OflENe tydveargl DaeipumtI 3S-,ms,Cxa) 2006-0169 CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD Land Title Order No.: Carlson Revocable Living Trust 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: Lot 1, Prairie Ridge Estates ME-1053, County of Weld, State of Colorado. CONVEYANCES (if none appear, so state): Book: 1093 Page: 552 Reception No.: 1557319 Book: 635 Reception No.: 2172553 Book: 1226 Reception No.: 2300587 Book: 1348 Reception No.: 2502916 Book: 1558 Reception No.: 2516064 Book: 1572 Reception No.: 2656159 Reception No.: 2719193 Reception No.: 2796926 Reception No.: 2979126 Reception No.: 2979127 Reception No.: 3025326 Reception No.: 3300326 This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title, nor an opinion of Title, nor a guarantee Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 8th day of September, 2005 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPAN• Y By: tfliAelite-C/4 Mistyolm Title Examiner II '• .: P.cAvA'bC iCa_. .. _ a8lt abOULY.- ....._______Ir �� K., ALL £t =S^ Fyrg T8, ' }' enabellz Lnci lie 74tas teas fox°nar. "-.1-., to Lucille Scott, also flown as Y.nybeller aQ ott, of e v ?c....:: 1;, ' '1c ..nd State of �eoahlugron and Leinrie •.' att l F I4 et the Crib of LarlAer nd flat,a'Co.m*, I '' 4r?''-c l ut-'caaf ,1^.('0 ;ra other Valuable constda re t10n '"r- e4 eM V--rt." zt Larifaor .-.^d Stat,of eo .I .scene,is e.-, - -. . n Coort?o4 %1'al3 n 'orth- Tertor (ABi) of 3ectlon eight (8) In Town-ship -.a awn ("I) :0- h of eve Sin ty-were (6i': ';ow of -th I.1 ., ascent. to *h thirty roe:: _. — -f ,public road. containing 156 moron, tor. O. town, t anther with 1 4C. -.r:t of the capital wtook of the North i'oudr^. l.r^lgntion Compan7 rine.. i : to eharna of the cent Lai a tack of Cectue Hill Ditch -,nv _ma�ayy"k�k=' jig iii, a i i; -....‘4.,, II II 'b,agArrtevmees,a,d warranttle title to the game,.ablectto a mortgage of record in favor IIof The Fade-al Land Bank of Wichita, Wichita, Kansas 1 5 Staved al def+maa Bsh 14th &ever April ,A.D le 42 w preeeeae of (SEAL] ___.'.__...__..._.1 l L o - _ � — II •na r. sr1_ ��r ��p z 7 IA oC"i.Lt • +F�l1'7'(IC' al .es l-s head�P�% ®, also imam as YyMlla I.uclllo Scott r .,, Sr*y"_,*tA Sim E totest ti wee Kw YvtMaef betem the e 24th day at March Leonia Eton . • -8. sadefgeg suet. ` i.e. �r..� fix_.. C d a feears Palle. 47. M as .a a�as.et....t.a..pare aenvc,. to ,. sow_ we ! . ,ItZ e i ager�ae ea®ema l; aa�eQbeea mm a h— 4 N.IN. WARRAR?r IteatstIarw Ma.-The en4O.eS'ima TW.CM Ma p*eseili Lewd Melia.IN.IX---.`....„0.eater.o. . 4 ( 44 � +₹ " x � ' ` fi to x -,s.y n k f .., " P � r -1 ' -s Y `i "t s., N' ✓.; 0.. xS: ` ^' �s i �h�iny�} , 1, v -t < .a�r7 s''I ari �' e � � � to ,, i.. r n f i k�5 r�.i4 '( .� ';?..1"..4.-a lip, � .{�# 9 E„' -,one r, !"-di,-.4- cK, • n _ �: bti , M r@3' es tv ` t. 41,& :t,t- _ ' p,t ,ftvgi„ „„r,tta ,'£..:d -/8 '. •.c h r :cm; ,' t " r •° to Om^R e'rR -r . ^".:-..nvn :. >..,..."-1- =M a,.•it-, ^.a^x - „n rt, n. F,43 to .1=t, .-u zoo-T:7 re 'x.. =toe ,& i-^+a i n< ' _ _„r-.'-1,-1. s^,irl i 9k e's s Y 1 K \.), 1 tas .,."t] a a ,t a ..7.,"(..•:-.,,-...•.; T ,. m r 'it a^' ti P C-. '".c..jtfa . C?Ygt 0-,'"!•`".'n. h 208 ^ ,ryg4 ._ ^ r q x x fia®tw'7 ,2Eeahe .i a ',!q� '. `J n r- -.-- • ".' -' -rt ©a, f#°"'gip .-4], r.::"-3 PniL1 Of .>'.t .s 't, 710 j i Yom.gg. r".? .near... ;1 Yr I Y , i ? Ara d.8 tali On -1a sat(ft, .&PSt. Tb3,rA c v ,s nvooLL+kr°vs m, 8"=aka i3 = 43,4.1. > lese.;tenseln3 ms9 2,-calsezr,r i '.sr^a' *".&D rat%rause a z3slf Thrr a ad on 4,3 { tv anak eat t>t^^ lams%cam Arent far,!v?°.atn,",at 2ba men re=T eg tad Ova rt.deer I P.. 0 e ` .s,:,.: ,, —.,_ ,..—."z..., C-..Creek-on.R. on ton boao-+t-*.-^, ores .n. l y.=m`� 0 rH89'33$ '4•4Z�`..J Ins aaa5 OM.borrttac� an'Y, .., "--"o-rt'_t flvsms'.*", .' eat avuR of 33n rant!pat,a nom=,r'saatro'.r': Am]to r?'pro y c°t%a tat not:am , 1 i,n ii Eta Mg his hem asa valat, at4 zett a°"^na>do 93 matt;san t.la,..:s v rvt4 a,r.^O to VIM WF2 IS NW!'Arta at to mad IIama k nxv.",a an Etta tat of to*`at _ 'd-o. sue'.-S,`^sa!Alan of 1' ten veserrao ha la one stRaa at So 4 a two w .. 4,r,tr..Gov',son,a a*ro anima a>! eta rs4 lavracca,is En,E Ras ata.na1 see i.e e ree l'a t>al i'r-eel°Tata aaaeaty as 2 $.` tea,tg'avza lad aszow sbs jeraa In memos and axe ea ems,vo4 to as tress:---,too and at tzn i ' ,,,tr,-•r- a Dnar sea ale peat b'iyt%at m,sn4 Wan vatetavants nal aitualatten at sham,-Ma at rai s ro $: i-, > -4 t-..-;"jorattal IreWsAra to' ordat,en-4 paasm',E Condo a3 tk e,^!1 yang as x '.rr.0 r t Ets ' ,11,,',.' ?sr ' G? ..at es et ra all rol tam loan w atom last..";,n3..".54 b:-to ewkn!m-r - ;S� E, _.At 60 raid R+ss Y "'°Ea➢Stt ice " vol win WAEEk11If#.; H`4HRRF7L Dianna E !34 wens FI�fiY,Dv vat Ag'+ sE Ea£br.₹ !s g tomato erii !Iwo t ., !{ Wand tb la Kid�s.'44ai tB»aatE ;. a. 1 ` tea.:.,or aaatnaLSW `! ct Lorimer I". ,409.*, RiaRq tg is en W.3,34.d,9bal 3n,e3i+ 3_cer h,. w,a1�r l° '.a kit "no,bt" nl ifs d fi- a ,t, �" a'7 trr., -T.,�.;r•s)c'c,;"i 23, 1771 f , t - r' rinl ri ..,,,./ l . tn (7 i it-step wads , eat -,..g oo n hems. :ts-.e' 'ra, h AR2y72553 it B 1225 REC 0.. .2553 03/06/89 11:17 $3,00 1/001 It, F 0242 MARY ANN FEUERSTEIN CLERIC S RECORDER WELD CO, CO QUIT CLAIM DEED KARL G. WEISS whose address is 7880 Weld County Road 84, Fort Collins, County of Weld ,and State of Colorado ,for the consideration of TEN AND NO/lOG Dollars,in hand paid, hereby cake:)and quit claim(s>to KARL G. WEISS and MARY WEISS, as tenants in common, whose acdressis 7880 Weld County Road 84, Fort Collins, County of Weld .and State of Colorado .the following real property.in the County of Weld ,and State of Colorado,to wit: The Northeast 1/4 of Section 8, Township 7 North, Range 67 West of the 6th Principal Meridian, County of Weld, State of Colorado, except the north 30 feet conveyed for a public road and except 1 acre conveyed to the Rural Electric Association, being approximately 155 acres more or less, together with 50 shares of the capital stock of The North Poudre Irrigation Company and 50 shares of the capital stock of Cactus Hill Ditch Company. • This deed is for estate planning p g purposes only--no state documentary fee payable! also known us street and number with all its appurtenances Signed this 1st day of March ,19 89 /tom:,e4 G.,e,GI KARL G. WEISS • STATE OF COLORADO, PS. County of Lariner The foregoingin.trument was acknowledged before methl, 1st day of !larch s 89by Karl G. Weiss. Mycommia.lon expires My Gonml19 totes January 12,I903 Z m -l/ WITNESS my hand and official seal. " rY'JoI�O..Gy1 A, >w /VI NMI"Palle ,Qoz A• ;• 'ch ie.saa Rev.2.85. QUUITCLAIM"KEltNortIon&Pi � !+�1. �..,...,,.,....... .,.,w,.. e.._...,.,,,, w. e� c0 „/ SKLD LG 172 . 20 . 16 . 23 WE 2172553-1989 . 001 "'Memos. B 1348 REL. 0230058% 08/19/92 15:20 $10.00 1/002 ARP.]OOSu7 %." F' 0437 MARY ANN FEUERSTRIN CLERK & RECORDER WELD CO, CO 11ARRAN'I'1' (11.F:11 Tills PEED.\laat'ml. 18th dm"I August F, 9O h•n.con _ KARL IL WEISS and MARY WEISS 7880 Held County Road 084, :ort Collins, CO 8052 STATE DOCUMENTARY FEE 4 I'�me wall.of Wald ,".I Dale - r L,h of l ul,aNhl MrarlL,-.and l $ 1__ DONALD H. PREIST and RUTH C. PREIST, husband and wife as joint tenants and not as tenants in common x llo.,Lan[address I. 1801 Brookwood 0r.wo • • Port Col tins, CO. 805.:5 I, the I'taint +I Lur inlet and Slate ul('.Inman,granhe. WI I Nr S\. hal the gr.nllur,land in,''.kl.n4nni the sum,d Ten Dollars and No/IOC 1Rlld.ARS, lac le.eq I Jilt].nlhe lclh s Ill Uhl,.I I.larch, Iona cI gnl.has r'lanh.i,harg.uucd.add and ton%d'ed.Ail I•. dhow present%dot s gLun.h.n gams.''N.a mtrt and onlhuu unto Ole lvam:c. Oral Ilnnalit .ago.[''µnor.INN nI le"aoey"I nnnlmni Intl w JINNI leNuey. all thy rcil pr,per t,together xgll unplmcnlcal.. II.ins. .IHulc. long .uul hews,in lb,' ('oust[ u1 held ally.t,Ii,.O r,,.,rnh,.d".tglnd.s o•Il,.... qJ See Erhib'.t A attached for 11 legal description of the real estcte and shares of 1O' North Poudre Irrigation Company stock being transferred by this Deed. .d n•lmm n hu,lwul and mmfirl a I/R:ITllI:k with.III am:smgulat JI.•IN•ly u,unrl I.,wLgynul''Ilan.,.[hereunto belonging.our on any anc.gq"ttamulg and the rf'ef.livl alp in.('Sulh.1:111.11141er end renLinutt'r. I.N..a.m.and mat.Illen'n1..I INI all the ca.11c,IIghl.itlh.Illl.-rc.L 51.11111 alld .h'nand xhanln•ter Of the ylanhn cnln'r In%NI I r Taal.ul.no and it.the.done h.ug:uvod rivuuv..aal the Imre,611rue,l.and .II.:Iurtelldncc. 1111f\%'F:A]II li,1N11.11 du:enJ NOM.,alrn,haq•.nnc,.mil docalvd.anti lhe.gq nllcul nhc..IInhN Ole granlocs.then lion .II''a.hNglls lurc.et r\INI Olt't'r uuluC of NINv'll.In.llcus,Old ICi.apal lepr.'.cnlaUK.,does cowman.pool.har .,ii,Ant dglte Wand it itthe grantee.,Ih"vhells.nlll a..Ipn..(hal Anw Niue Ia IIIvomc.,hng and tklne, III thew pnv,Iis,lit'Iss.dl e•vadvl the monists Ali ne tumew,.has god,sun'.Ivlea..Iha'lurc And a"k•ka.Ibk eagle of inheritance.In Ian.ul Ice mitre.am ILO goal right.lull Nn ear:not l•INIuLnllhmn)u.pram.hatgaln. ni and rim,.. a"n'nl nlamwl and IonanhnrenJ.,,,l Ilu1 the.,sue are Hee dal cleat then All Innn•I and idler pr.ml.,hrrgalu.,sale.,hen..I.14.,.h.c..nlem.,cntuulhmlme..mt Irmtwon,Of wh..Wwr kind in HOLM %.". t's°ori subject to rights of way, restrictions and easements of record and taxes for the year 1992 and all subsequent years. I he grantor .hall and ulll \t4401.‘N I ,\Mt 'pltht'I.t PI'.rl!NI)the.Ilene.h.ngaili,l arerni.c.m the,ute and peaceable st,.e.."nl of IN.Frame%•. their hens and assigns.agalua'I and,:cry lvnwl or Ivnlms Ian lull.dunning IN'xhale ur an)purl Ih:nol the mtguhv Imnlhr drill windy Ilv plurnL th.•p ar.l Ih.'.Impala.and me the of an)gemkr stall he.Ipplw Mle 1.I all polders. IN 1%I I-NI:NS Will'MA ll doe g:un'n has cacnnca las do coon actin,:.fl hnlll ohm' SIAM I II'I'Ol i tR.\I R I {'nun. Wild 1'1'8 hvep"ug ink[unem Mon.iknuxledged IM'Nn:u" III. 18th any ul pl h., August92' Karl G. Weiss and Mary Weiss N One..up hand and u11It Inl.e.d Sh Commission caws December 1 .N96 96 t[�/ . {/{1 4.,••�. 1113 10th Avenue • Greeley, CO. 8063:. 11 m Ikuaa.Ilnrrl"IN nhl. \n.9111.Ia,..s-V.%%RX 5411 0110,I.Niel rnL.° taut adl'hh,,q.IiJlpa,.Y Si I Mme CO MOO I MU NI}µq1 . ill SKLD LG 172 . 20 . 16 . 23 WE 2300587-1992 . 001 EXHIBIT A • (To be attached to and made a part of that certain Warranty Deed dated August 18, 1992 running from Karl G. Weiss and Mary Weiss to Donald H. Preist and Ruth C. Preist) LEGAL DESCRIPTION All thit part of the NE1/4 of Section 8, Township 7 North, Range 67 West of the that certain par County w parcel of land We ld, bye oDeed f l recorded orado, yApril ing e 15, 1907 sterly f in Book 250 et Page 98 described as follows: A strip of land 30 feat in width, and more particularly described as follcws to wit: A strip of land lying parallel with anal extending 15 feet on each aide of the center line of the Cactus Hill Ditch from a point where the same crosses the North line of Section 8, in Township 7 North, of Range 67 West of the 6th P.M. , (the said point being 1200 feet West of the Northeast corner of said Section 8) , to a point where the said center b0° line of the said Cactus Hill Ditch crosses the East line of said Section o.. 8, (the said point being 725 feet North from the center of the East line 'Ala of said Section s) . mm EXCEPTING THEREFROM a parcel of land conveyed to Weld County Colorado by E p Deed recorded March 7, 1907 in nook 250 at Page 48, being more particularly described as follows: A strip of land 30 feet wide off the o entire North side of the NE1/4 of said Section 0. �+ w a 0 but Supplemental paragraphs to he considered part of the above- referred to Deed: � o y 1 . This Deed also transfers fort shares f�oudre Irrigation Company shock with all ditchtch rights assocof iated n, ociated z,"e with nuch stock. Grantees shall receive credit for the payment n made 3y Grantors to transfer Cactus Hill Ditch stock to North E-7:0 Poudre ll be no g speciarrigation l assessments Company but only the annual erasseshmentsere haof North X Poudre Irrigation Company in the future. a .. 2. Grantors shall retain the landlord's share of the 1992 crops and shall pay the related expenses pertaining to the 1992 O crap. 3. Grantors shall pay the 1192 assessment in full on all w o forty (40) shares of the North Poudre Irrigation Company stock o being transferred and shall have all benefits of these shares c during the year 1992. 4. This transfer is made subject to the lease between ^' Grantors and Wilbur &child for the 1992 crop year. no 5, By this Dead Grantors transfer to Grantees all oil, and mineral rights owned by the Grantors gas estate described abovePerted aining to the real 132 acres) . Grantors (which hall retain s the rmiineralerightsxonatthe portion of their farm which they are retaining. Grantors shall also retain the monies they have received under the current five- year mineral lease. 6. Grantors shall furnish to Grantees a domestic water tap with North Weld County Water District. 7. Grantors have negotiated or shall negotiate with their tenant the use of approximately five (5) acres of the real estate described above by September 1, 1992 to provide by that date for the Grantees suitable space for their buildings and corrals. Grantees shall reimburse Grantors at market value for crop damage. 8. Grantors agree to give and do hereby give by this Deed an easement to the Grantees for one or more power poles to be placed on the land retained by the Grantors in order for electrical power to be furnished in an appropriate manner to the Grantees. 9. The Grantors acknowledge that this sale is part of a Section 1031 Tax Free Exchange under the rules of the Internal Revenue Service of the United States. 10. Grantors State that they have received approval from the Weld County, Colorado zoning authorities for the separation of the SKLD LG 172 . 20 . 16 . 23 WE 2300587-1992 . 002e real estate r • .0A''1� 2516064 B-1572 P-239 10/17/96 02:19P PG 1 OF 2 REC DOC Weld County CO JA Suki Tsukanoto Clerk & Recorder 11.00 QUITCLAIM DEED THIS DEED, is made this tr-'- day of /L.S/- 1996 between DONALD H. PREIST and RUTH C. PREIST, usband and wife, Grantors, whose address is 40511 Weld County Road 17, Fort Collins, Weld County, Colorado, and DONALD H. PREIST and RUTH C. PREIST, as TRUSTEES of The Donald H. Preist and Ruth C. Preist Revocable Trust, Grantees, whose address is the same. Witnesseth, that the Grantors, for a consideration of One Dollar ($1.00) , release and forever Quitclaim to the Grantees, as Trustees under the terms of The Donald H. Preist and Ruth C. Preist Revocable Trust, and to the successor Trustees thereof, all right, title and interest which the Grantors may have in or to the property located in Weld County, Colorado, and described as follows: All that part of the NEST of Section 8, Township 7 North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado, lying Westerly of that certain parcel of land conveyed by Deed recorded April 15, 1907 in Book 250 at Page 98 described as follows: A strip of land 30 feet in width, and more particularly described as follows to wit: A strip of land lying parallel with, and extending 15 feet on each side of the center line of the Cactus Hill Ditch from a point where the same crosses the North line of Section 8, in Township 7 North, of Range 67 West of the 6th P.M. , (the said point being 1200 feet West of the Northeast corner of said Section 8) , to a point where the said center line of the said Cactus Hill Ditch crosses the East line of said Section 8, (the said point being 725 feet North from the center of the East line of said Section 8) . EXCEPTING THEREFROM a parcel of land conveyed to Weld County, Colorado by Deed recorded March 7, 1907 in Book 250 at Page 48, being more particularly described as follows: A strip of land 30 feet wide off the entire North side of the NEW of said Section 8; and further EXCEPTING THEREFROM a parcel of land conveyed to Francis J. Sewald and L.J. Sewald by deed dated January 15, 1996 and duly recorded with the Weld County Clerk and Recorder. Also known as 40511 weld County Road 17, Fort Collins, CO 80524 Please return to. Mr. and Mrs. Donald H. Preist 40511 WOX 17 Fort Collins. CO 80524 1��IBIIIIoI 1111.1, ( 1 I111111111 I,II 111111 I SKLD LG 172 . 20 . 16 . 23 WE 2516064-1996 . 001 2516064 B-1572 P-239 10/17/96 02:19P PG 2 OF 2 Together with all improvements thereupon and the rights, alleys, ways, waters, easements, privileges, appurtenances and advantages belonging or appertaining thereto; and subject to grants, easements, conditions and reservations of record. In witness whereof, the Grantors have hereunto set their hands and seals on the date set forth above. ��-.-�,�+- ` r� St-6 ,-.,�.►-or ' , Donald H. Preist, Gran o Ru h C. Preist, Cantor STATE OF COLORADO) ss. COUNTY OF LARIMER) The foregoing Deed from Husband and Wife to themselves as Truste s was sworn to and acknowledged before me this 2-- day of ntega...O/- 1996, by Donald H. Preist and Ruth C. Preist. Witness my hand and official seal. My commission expires:kV?* Not y PuPu lie e 1 c ` V . f®IJflFI1ItI :at SKLD LG 172 . 20 . 16 . 23 WE 2516064-1996 . 002 1 di\,fflil II i rn.:. Iti t. a E c If II z s b - — • f) I1111 t t = - It i1 I lip i v ,I # t I ritI ri !I hI _ 11 i 1 i J � . co 3 aka s Is I' i 3 11_ I' i --- - i f a 1 III"; E'at I i 1! 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' rn p _ GI Z �,l g: L ° —, = i 4` cF 0' Q r• (ey ¢I v , Z s _ € r N 2, e 6- FIE. ‘.--1N ...,._ e e 0 j w 7 +e e,xg : Z � Z N c I. , t IL iF ;. J O 3 N3 ss gri , i t, �' -e_. 2 t"' p N 3 e° Z p r ,:ili , `t$rr Q 3 rl I —S. :St - 71 6'6 J CE ' € c ' • Iip J; _ .`E F a IP ze I 1111��6 — 2796026 961116I0I29/2810 1 d III 2:55P AISuki Iauka�Eolo��I Recorder No. between Donald H. Preist and Ruth C. 0. C. Preist, husband UITCI,A IM DE Tuts DEED,Made this dm,of September r9-2000 �) and wife, trustees of the revolked Donald H. Preist and Ruth C. Preist Revodable Trust, grantors, of the 'County of Weld and State of Colorado,grantor,and Donald H. Preis[ and Ruth C. Preist, husband and wife, as joint tenants,and not as ! tenants in common whose legal address is 7690 Weld County Road, Fort Collins, Colorado, 80534 llof the County of Weld and State of Colorado.grantees. WITNESSETH,That the grantor,for and in consideration of the sum of one dollar and 00/100 'I DOLLARS L, 'Ill the receipt and sufficiency of which is hereby acknowledged,has remised.released,sold and QUITCLAIMED,and by these presents does remise.release.sell and QUITCLAIM unto the grantees,their heirs,successors and assigns forever,not :n tenancy in common,but in joint tenancy,all the right.title,interest,claim and demand which the grantor has in and to the real property y together with improvements,if an situate,lying and lain P P< Y. 6 P Y. Y g g in the County .I of Weld C. and State of Colorado.described as follows: I • Ij See Exhibit A attached for a legal description of the Real Estste being Ij transferred by this deed. jl I' 11 also known by street and number as: 7690 Weld County Road, RFort Collins, Colorado,60524 TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges(hereunto belong- ing or in anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever,of the grantor,either in law or equity,to the only proper use,benefit and behoof of the grantees,their heirs and assigns forever.The singular number shall include the p1 plural the singular,and the use of any gender shall be applies le to all genders. IN WITNESS WH�EREEn�.F, antor has executed this deed on the e et forth above.� _aJ U" 1 &� STATE OF COLORADO, //E' mP'� County of /�'�' r ,„�, The foregoing instru em was acknowled ed before me th�is ,�6 day of """��l""" E1-/ '2000 by Ao110./C1. {l. rretr 5t a tiC t��vf e. a ry siege t fpjres d 11 i/„1[i)1 .4* Witness my hand and official seal. • e irnw i' O:i 75 •— 7 t•al • �:.�ty auL•• Notary Public Name sod Add®of?anon Creates K,iycrn,W Up]immanon ii Mats-106.5.CRSI :tat !t \L No.962:Eeti rll7faNij , iM DEED(e•JMu Resets) SKLD LG 172 . 20 . 16 . 23 WE 2796926-2000 . 001 • 111111111111111111 I N 111111 I I 111111111 I I 111111 I I I I I I I I 2796928 09(29/2000 12:55P JA Sukl Tsukamoto 2 of 2 R 10.00 0 0.00 Weld County CO ATTACHMENT A: LEGAL DESCRIPTION: (To be attached and made part of that certain Quitclaim deed dated September 28, 2000 transferring title from a now revolked Revocable Trust in the name of Donald H. Preist and Ruth C. Preist, trustees, to Donald H. Preist and Ruth C. Preist as joint tenants. ) Lot B of 2nd Amended Recorded Exemption No. 0705-08-1-2NDAMRE 1873, recorded September 8, 1999 as Reception No. 2719193, being a part of the NE} of Section 8, Township 7 North,Range 67 West of the 6th P.M. , County of Weld, State of Colorado. ALSO DESCRIBED AS: All that part of the NEt of Section 8, Township 7 North, Range 67, West of the 6th P.M. , County of Weld, State of Colorado, lying Westerly of that certain parcel of land conveyed by Deed recorded April 15, 1907, in ➢ook 250 at Page 98 described as follows: A strip of land 30 feet in width, and more particularly described as follows to wit: A strip of land lying parallel with and extending 15 feet on each side of the center line of the Cactus Hill Ditch from a point where the same crosses the Northline of Section 8, in Township 7 North, of Range 67 West of the 6th P.M. , ( the said point being 1200 West of the Northeast corner ofsaid Section 8), to a point where the said center line of the said Cactus Hill Ditch crosses the East line of said Section 8,(the said point being 725 feet North from the center of the East line of said Section 8) . EXCEPTING THEREFROM a parcel of land conveyed to Weld County Colorado by Deed recorded March 7, 1907 in Book 250 at Page 48, being more particularly described as follows: A strip of land 30 feet wide off the entire Northside off the NEI of said Section 8; and further EXCEPTING THEREFROM a parcel of land conveyed to Francis Sewald and L.J. Sewald by deed dated January 15, 1996 and duly recorded with the Weld County Clerk and Recorder and further EXCEPTING THEREFROM a parcel of land conveyed to Dale A. Glessman and Sharon E. Glessman by deed dated September 15, 1999, and duly recorded with the Weld County Clerk and Recorder. SKLD LG 172 . 20 . 16 . 23 WE 2796926-2000 . 002 c/wJ 1111111111111101111111 III 111111111111 III 11111 IIII IIII 126 2979126 08/19/2002 11:30A Weld County, CO 1 of 2 R 10.00 0 0.00 J.A. "Suki" Tsukamoto STATE OF COLORADO )ss. County of Larimer SUPPLEMENTAL AFFIDAVIT In the matterof the title to real pro erty in joint tenancy. S /VOr It eJ ,being first duly sworn upon oath,deposes and says, that_he is of legal age and has personal knowledge of the fact that Donald H. Preist is one and the same person as Donald Henry Preist referred to in the attach:d copy of the Death Certificate,certified to by the State Registrar of Vital Statistics of the State of Colorado,on the 11 thday of January _ 2002 ,and was at the time of h;4 death on the 11th day of January 2002,the owner in joint tenancy with Ruth r Prp i et- of the following described real property situate in the County of Weld and State of Colorado,fo wit Lot B of 2nd Amended Recorded Exemption No. 0705-08-1-2nd AM RE1873, recorded September 8, 1999 as Reception No. 2719193, being a part of the NE1/4 of Section 8, Township 7 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. EXCEPTING THEREFROM a parcel of land conveyed to Weld County, Colorado by Deed recorded March 7, 1907 in Book 250 at Page 48, being more particularly described as follows: A strip of land 30 feet wide off the entire North side of the NE1/4 of said Section 8. And that_he has no record interest in said real property.lc t* Subscribed and sworn to before me this I a day of August ,2002 My commission expires lO f. 'LCY Z_ • Notary Public j i BAESSLER MELINA s BAESSL ;o ttf• 4 Pi thq;`OF Cst\* 1 SKLD LG 172 . 20 . 16 . 23 WE 2979126-2002 . 001 , /�. ,''//? i 4,., /n , £: 1 CERTIFI('ATION OF VIUAI RECORD 1' ..--#-^,--.�. / ,,. ^' _ STATE OF COLORADO 5_ ,�� ,rV m ��'`nN�� STATE OF COLORADO STATE FILE NUMBER ...A•74.- (T- • T. Iht„eafri — CERTIFICATE OF DEATH y 3 :ti - DC.FH IMmn. •..n�ov A.Hena U H.ry 'y 11 eSi so-:.fip.hwlH .Dv' r MDta ii• m u.4IAN ,0ycE;annJ sr ,..,r.p. 559-78-2014 mn 85 oA' Jah—I81916 sD..AD[N*. a..,.Ear.+enr.1cn...„...,n.. Kent. England 9-.E ",. BN, Nozw-µ.1:r..:..., ENmman.Eu oIXY aXnNoo mama ,I REuexw. ]Ovu,lfioa' \ �3 rp oancLlrY NAx*LI.t p.nna mHRn.I.ne•.nla..r it`C Tr TOWN ORLOCAnOmOF DEATH ,n la.COUNTY OF DEATH r Columbine East Nurs.Home-421 ?esker Fort :olllns l V IN i..,rr -¢a r0. ,FI...TAM3 $V LOH'CUgNION KIND BJ 91NE93nNDU9TNv , STATUS. Mhe^'n.G. ,l.1PoU1E'� mnn.m.: ONeom 10..41 Electronic Engineer Transmit1n �'-'0 8 Married Ruth C. Carlson 4 ea O. ,,.NEvcENCE STATE :x.twNrY 10x.Lilt,r1wN.0a LOCATION lia.4rREEr AN3 Nuue[N SR Colorado Leelmec I Fort Coll ins H 7690 BAR 84 NpO 90E ,]($r.000E ,AI EUEUETO U11gw330OWu :E ACEA IN.OfCE°DHENTI Fo.tS TTN,ssnon on non., ,/ -N M ROME r �,.Lim Mpun. ,as F Np.n,wi,eE, GM m.eA.WnA.at.IfanrN p M ar,M�lxv' y v..eo owiT.: -.EL[ Mom ]v0. W wue�rry C„uw nYN°utn ri\e �p98 7x= 80524 "n9 White 12 04, -C O •B „•°° NAOMx Iiu„u I[MONE[A4NAME .FnUM55.LwYMrq.n Naomi I9.IWoAaAMnAME AM Sal a.c..r( oopp o Henry Preset Alit Haute orh LO C PrwEar y IIII Er xo.MErH60 of msMmr:Ory 20..PLACE OF 0.30100.0.4inn..To.ryl..n.r.mmao ofl 20e LOCATioN-Clrym Ten SNI. M _)4 N[y -I yl_..mxw OaAmo.N Nam 9uu �]°•„,,, µ15.0..40M nocet All Northern Colo., Ft.Collins,Colo. ...-e-E, Ft.Collins Cremator,/ nA Nowrw(O0 FygaAL CsONCtdX taair[pN ACTING as R1CN 1 IC snit ANeNOMu[tv FACIIMY =-NN ► 6' 0852 Bohlender Fnrl.Chapel VE nL6r''" 121 A'.Oltva-Ft.Co111ne,Co lo., re 80524 22.WY R eNDwANR eDAiIF[[0µaa.oer.Ywl /,(r/Jf (/�''��]��y{']`/'�y� EE J'ANOART 15, 2002 x1 MVO EAM M 0.n/HA'�tOOEAO r I se.WAS to ONEA NOTIFIED? 1:45 P January 1,2002 1:45 PH NO TO[t COOP E er CUOMO MOAN TORE CO4IR[TIO EY CORONER it Ttm::ael ar yard W •.W en to n.On onion NA..minelin ndie:mNxgnnlnm}mow a.m ca....4„rn. Ion la a pin.Ana In a INS wmMal ant enennar w"mat 11 unn en M ' • t re AYf NiO renew,. .0 m„ • Lf. Ens • x[.OAfC 910N[OINem.Y.O.N Y.M I I r_ January 11,2002 o..NAME TITLE AND MML,NO SOolESEOF NTIF NEN ilyeewl.u) Daniel Griffin MD., 1006 Robertson Ft.Co llins'Colo. ap: 8052 3'.NAME Of EttEAcirna pNYiIC1AN IE0}rytN1xAN CERTg1(EltpuFWl E__ >91 unoni.Of OENM 32 OATS OF INJURY µ3C.rat St N/IMYAT iM DEKMSE NOW inner OCCVaeEO 4 V 1µJ.314 on FNO NJU Y NONn S- ONx.Hx Cnun. xla A. CYx DM. S Mali' i : ,0.0.0. Cµnn„ A SN.µACa OF wNmmetan Na tun Or..eban,Mke 3 LoCi}eNmawakeeteM maw Rot..nun tenontenonOn en*..INw 5 aN•a ale ClI Rm I nor 24 IMMEDIATECAUSE Lenin OMt ONE own PM LIMEFOR Hi M An 110010.1 Oe utoneS.oolong W e CN fY M RpInW Mw F .lEAan. ...To Mwwn 0.I At I on. G,4 iel"o CONDITIONS MrOUt OSA AGTmSSOUTNc[Da In�r„wUwI,.W R'wl •e U��e n�Y TO w � Eon THI f[ Oaf r0 OAAAACONSAouENGE OF 1luwuwwAMen.n Amnon p(eLnNC CAUSE rp Mal LAST 61 ICI Nn OTHEtSONIFCAMTCON01wIONS•Ca,eIescomrIMANNOewMnbr,AIRMI.UI cam.. as AUTOMI at lF ann.MMY .Bermes AH I.p."a'eesa° :IY.UIM.rl. (HAW Not NC.IeIS4.E QOM,M~NI no 8 I .__`n ...... . ... I THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE OFFICIAL RECORD WHICH IS IN MY CUSTODY. ",. JAN 1 5 2002 ,r-.. ., S2 s 1 g DATE ISSUED € L RONALD S.NT ST AN ,,,,,./.;-a“ E A ,�, STATE REGISTRAR t F ( J- 'ke;' L Do not accept unless prepared on security paper with engraved border displaying the Colorado state +'1 NYw HE 1 u S it i..i seal and signature of the Registrar. PENALTY BY LAW, Section 25-2-118, Colorado Revised AfilAllti i ,. lit 1, ,x[40} :, ",IT r R'r - Statutes, 1982, if any person alters, uses,attempts to use or furnishes to another for deceptive use o ;'',4)TI�r` " )`t�ja'T ' g a s`� any vital statistics record. NOT VALID IF PHOTOCOPIED. vL r G�gr,1 u e.- . . SKLD LG 172 .20 16 . 23 WE 2979126 2002 . 002 llns °ERTlFlcarEt ♦ (( ' 'E -ti E }-t I ION IIIII llil1UIR III IIIIIIIIIIII III Hill IIIIIIII 5'c 127 • 2979121 08/19/2002 11:30A Weld County, CO 1 of 1 R 5.00 D 80.00 J.A. "Sold"Tsukamolo sot, --- ctt, E, WARRANTY DEED THIS DEED, Made this 15th day of August, 2002 between Ruth C. Preist of the County of Weld and State of Colorado, grantor, and George B. Carlson and Mary Carlson whose legal address is 7561 Kelty Trail, Franktown, CO 80116 of the County of Douglas and State of Colorado, grantees: WITNESS that in UDRE THOUSAND AND 00/100, ($600,000.00)) Dollars, the t receipt ion of t and he s sufficiency o of NIGTofNwhich is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but in JOINT TENANCY, all real property, together with improvements, if any, situate, lying and being in the County of Weld end State of Colorado, described as follows; Lot B of 2nd Amended Recorded Exemption No. 0705-08-1-2nd AM RE1873, recorded September 8. 1999 as Reception No. 2719193, being a part of the NE1/4 of Section 6, Township 7 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. EXCEPTING THEREFROM a parcel of land conveyed to Weld County, Colorado by Deed recorded March 7, 1907 in Book 250 at Page 48, being more particularly described as follows: A strip of land 30 feet wide off the entire North side of the NE1/4 of said Section 8. also known by street and number as 7690 Weld County Road 84, Fort Collins, Colorado 80524 TOGETHER with all and singular the hereditements and appurtenances thereunto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim end demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes for 2002 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; The grantor shall and 4i11 WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceablM p ion of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this, ed on tjate set forth above. �, C „J- al- h hC. Preist STATE OF COLORADO } ) ss. The foregoing instrument was acknowledged before County of Weld ) me this 15th day of August, 2002 by Ruth C. Preist Witness my hand and official seal. .4,IM .P(/e� My commission expires 10-17-2002 1 MELINDA -iii)Pb.y. BAESSLffl NOTARY PUBLIC Nj.'.. . ' ' 1113 Tenth Avenue No. 921A. Rev. 3-85 4 ")-........j .'gyp Greeley, COLORADO 80631 FOF Olt SKLD LG 172 . 20 . 16 . 23 WE 2979127-2002 . 001 rvv i— n' i yS o P o• O O C rtn r. E O 2 e Ss _ ti _4 a ¢ - o a : nE 4 O O N O . g 3 O ` .4p i C. E s _ � v'1,O C .v _ _i F - z.3 ' ;3 O 4 _ - E a�- _ E to E_ O Z _- E ,' El" } Pr 44 V �y �111 � -3 'mssra. Or �, e °.� J g - F. 4 x. :21 g 222 t. e/1 a . ' [. I k ❑ . a F. gi . 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"_ tag! -E ' i S b7.i tl i = £ 3 38 aE;3.3 'SE • a , 3, `Ed a3Pi t aE ii - Sy : f. s i- 1; '•,fa m'. 4F 3 s ₹ I a ₹ - : € s i Iii: .S, '4' • Ei" _ e 'c 3E a pp is .t : it e1. gt. •a s F , 353 3r• S E a. it; 3i EE3 i , € -y • 1 F€s E!' iii a.a ti E 't i F i`3 s :i "s F= 4 hi i t t - i i '-g F=i 33• a3 -i i a F : IF : •.. t] fit tF I F€.€ .Ee `ait ,§i [3 % _ _ i• F i:a .ia s ; . 31 l€ep ill 111; .23:=? 3 a' all 1 3 i ?, a i s S ;1; _ t di. 0=. :ai t31 til c ss a =i ? ?33 d:. _ _ _ oa aaE 3 al aaa= i53Fai :az 'a1 iii c a I& ii : a'tE O a cn m Prepared by Jim Borland,Broker,(a,.l page 1 i 1 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR Rec/Ranch Realty, Inc. Brokers OTHER COUNSEL BEFORE SIGNING. 145 Fairway Lane \Network} CONTRACT TO BUY AND SELL Fort Collins, CO 80525 An Aoc5on of REAL ESTATE r� /� MdependentCompanies (RESIDENTIAL) (970) 226-0403 ® MLS. Date: MONDAY,AUGUST22,2005 REALTORS Purchase Price: IIIIIIININW 1. AGREEMENT. Buyer agrees to buy,and the undersigned Seller agrees to sell,the Property defined below on the terms and conditions set forth in this contract. 2. DEFINED TERMS. a. Buyer. Buyer, Kevin D.Martin AND Deborah R.Martin ,wtH take title to the real property described below as X Joint Tenants I Tenants In Common Other b. Prooertv. The Property is the following legally described real estate: Lot 1,Prairie Ridge Estates • in the County of WELD ,Colorado,commonly known as No. 7690 Carlson Ct Fort Collins COLORADO 80524 , Street Address — City - State ZiP together with the interests,easements,rights,benefits,improvements and attached fixtures appurtenant thereto,all interest of Seller in vacated — streets and alleys adjacent thereto,except as herein excluded. c. Dates and Deadlines. Item No. Reference Event. Date or Deadline M — 1 §5a Loan Application Deadline NOT APPLICABLE 2 §5b Loan Commitment Deadline NOT APPLICABLE 3 §5c _ Buyer's Credit Information Deadline NOT APPLICABLE 4 §5c Disapproval of Buyer's Credit Deadline NOT APPLICABLE 5 §5d Existing Loan Documents Deadline NOT APPLICABLE 6 §5d Objection to Existing Loan Documents Deadline NOT APPLICABLE 7 §5d Approval of Loan Transfer Deadline NOT APPLICABLE 8 §6a(4) Appraisal Deadline NOT APPLICABLE 9 §7a Title Deadline TUESDAY,SEPTEMBER 6,2005 10 §7c Survey Deadline NOT APPLICABLE 11 §8c Survey Objection Deadline NOT APPLICABLE 12 §7b Document Request Deadline MONDAY,SEPTEMBER 5, 2005 13 §7d(2) Governing Documents Objection Deadline SATURDAY,SEPTEMBER 10,2005 8§8a and Title Objection Deadline 14 §8b Off-Record Matters Deadline TUESDAY,SEPTEMBER 6,2005 15 §8b Off-Record Matters Objection Deadline SATURDAY,SEPTEMBER 10,2005 16 §8f Right Of First Refusal Deadline NOT APPLICABLE 17 §10 Seller's Property Disclosure Deadline SATURDAY,AUGUST 27,2005 18 § 10a Inspection Objection Deadline TUESDAY,SEPTEMBER 6,2005 i The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission_(CBS1-7-04) Buyer's initials:aid lien. Seller's initials:_ _ 0377 0523416100014 Brokers Network Rec/Ranch Realty,Inc. 5:20 PM 8/222005 Oen Contracts o1xx®3-2oo4Qes,Inc.1-800-795-7750 Prepared by Jim Borland, Broker,t,..l page 1 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD Rec/Ranch Realty, Inc. Brokers CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. 145Fairway Lane '4.1etwo� Fort Collins, CO 80525 An Anochation COUNTERPROPOSAL Independent ndert[Corn wiles (970) 226-0403 ® ML& REALTOR* Date: Wednesday,August 24,2005 1. This counterproposal are ids the proposed contract dated Monday,August 22,2005 between Mary F Carlson Revocable Living Trust AND George B Carlson Revocable Living Trust - - ,(Seller) and Kevin D.Martin AND Deborah R.Martin - — ---- ,(Buyer), relating to the sale and purchase of the following described real estate in the County or Weld , Colorado: Lot 1,Prairie Ridge Estates known as No. 7690 Carlson Ct Fort Collins COLORADO _ 80524 Street Address City State Zip 2. §2c. Dates and Deadlines. j NOTE:IF A DATE OR LINE IS LEFT BLANK.IT MEANS"NO CHANGE'I (Note:The Dates and Deadlines table may be deleted if inapplicable) Item --No. Reference Event Date or Deadline 1 §5a Loan Application Deadline 'NO CHANGE' 2 §5b Loan Commitment Deadine *NO CHANGE* 3 §5c Buyer's Credit Information Deadline *NO CHANGE 4 §5c Disapproval of Buyer's Credit Deadline 'NO CHANGE' _ 5 §5d Existing Loan Documents Deadline *NO CHANGE* 6 §5d { Objection to Existing Loan Documents Deadline *NO CHANGE 7 §5d {;Approval of Loan Transfer Deadline *NO CHANGE* 8 §6a(4) Appraisal Deadline •NO CHANGE' 9 §7a Tine Deadline *NO CHANGE* 10 §7c Survey Deadline "NO CHANGE' 11 §8c Survey Objection Deadline •NO CHANGE* - 12 §7b Document Request Deadline *NO CHANGE' 13 §7d(2) Governing Documents Objection Deadline &§8a and Title Objection Deadline *NO CHANGE* 14 §8b Off-Record Matters Deadline *NO CHANGE 15 §8b Off-Record Matters Objection Deadline •NO CHANGE 16 §8f Right Of First Refusal Deadline *NO CHANGE• _ _17 §10 Seller's Property Disclosure Deadline •NO CHANGE* 18 §10a Inspection Objection Deadline *NO CHANGE' 19 § 10b Resolution Deadline *NO CHANGE* 20 §10c Property Insurance Objection Deadline *NO CHANGE* The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commispir t(CP40-!sift) Brokers Network Rec/Ranch Reatty, Inc. o3na atst000t4 ffY 2:32 PM 8/24/2005 o�Contracts o ies3-2004 oes.M,c.i-eoo-7esrrss Prepared by Jim Borland,Broker,tall page 2 19 § lob Resolution Deadline FRIDAY,SEPTEMBER 9,2005 20 §10c Property Insurance Objection Deadline Friday,September 9,2005 — 21 §11 Closing Date TUESDAY,NOVEMBER 22,2005 22 § 16 Possession Date TUESDAY,NOVEMBER 22,2005 23 § 16 Possession Time 1:00 PM 24 §27 Acceptance Deadline Date WEDNESDAY,AUGUST 24, 2005 25 §27 Acceptance Deadline Time 5.:00 PM d. Attachments. The following are a part of this contract Closing Instructions(CL 8-5-04); Note: The following disclosure forms are attached but are not a part of this contract: Seller's Property Disclosure(Residential)(LC 18-5-04);Square Footage Disclosure(SF 94-5-04); e. Applicability of Terms. A check or similar mark in a box means that such provision is applicable. The abbreviation "N/A'means not applicable. The abbreviation'MEC'(mutual execution of this contract)means the latest date upon which both parties have signed this contract. 3. INCLUSIONS AND EXCLUSIONS. The Purchase Price includes the following items(Inclusions): a. Fixtures. If attached to the Property on the date of this contract,lighting,heating,plumbing,ventilating,and air conditioning fixtures,TV antennas,inside telephone wiring and connecting blocks/jacks,plants,mirrors,floor coverings,intercom systems,built-in kitchen appliances,sprinkler systems and controls,built-in vacuum systems(including accessories),garage door openers Including ANY remote controls;and 2 refrigerators in kitchen,jennaire range-oven, washer and dryer,dishwasher,fireplace tools,any window coverings. Washer,dryer and range in office building. b. Exclusions. The following attached Mores are excluded from this sale: Personal items c. Personal Property. If on the Property whether attached or not on the date of this contract:stomp windows,storm doors,window and porch shades,awnings,blinds,screens,window coverings,curtain rods,drapery rods,fireplace inserts,fireplace screens,fireplace grates, heating stoves,storage sheds,and all keys. If checked,the following are included: Water Softeners Smoke/Fire Detectors Security Systems Satellite Systems (including satellite dishes)and Massey Ferguson tractor and John Deere lawn tractor-mower. d. Transfer of Personal Property. The Personal Property to be conveyed at Closing shall be conveyed,by Seller,free and clear of all taxes,(except personal property taxes for the year of closing),liens and encumbrances,except Conveyance shall be by bill of sale or other applicable legal instrument e Parking and Storage Facilities. OMITTED AS INAPPLICABLE the printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.(CBS1-7-04) Brokers Network RedRaDCh Realty,Inc. Buyersmdrea: . Seller's initials: — 0377 0523416100014 5:20 PM 82212005 oescontracts 01993-2004 Catoinc.1-800-795-7759 Prepared by Jim Borland,Broker,tad page 3 E Water Rights. The following legally described water rights: -NONE-- Any water rights shall be conveyed by "NOT APPLICABLE" deed or other applicable legal instrument. 4. PURCHASE PRICE AND TERMS. The Purchase Price set forth below shall be payable in U.S.Dollars by Buyer as follows: No. Amount Reference Item Amount 1 §4 Purchase Price 2 §4a Earnest Money 3 §4b(i) New Fast Loan 4 §4b(2) New Second Loan /� 5 §4c Assumption Balance 6 §4d Seller or Private Financing /�� $0-00 7 8 9 §4e Cash at Closing 10 o Total UMW Note: If there is an 4,u.om,ibtency between the Purchase Price on the first page and this§4,the amount in§4 shall control. a. Earnest Money. The Earnest Money set forth in this section,in the form of PERSONAL CHECK ,is part payment of the Purchase Price and shall be payable to and held by Stewart Title of Fort Collins (Earnest Money Holder),in its trust account,on behalf of both Seller and • Buyer. The Earnest Money deposit shall be tendered with this contract unless the parties mutually agree and set forth a different deadline in writing for its payment. The parties authorize delivery of the Earnest Money deposit to the closing company,if any,at or before Closing. In the event Earnest Money Holder has agreed to have interest on earnest money deposits transferred to a fund established for the purpose of providing affordable housing to Colorado residents,Seller and Buyer acknowledge and agree that any interest accruing on the Earnest Money deposited welt the Earnest Money Holder in this transaction shall be transferred to such fund. b. New Loan. (1) New First Loan. OMITTED AS INAPPLICABLE (2) Now Second Loan. OMITTED AS INAPPLICABLE C. Assumption. OMITTED AS INAPPLICABLE d. Seller or Private Financing. OMITTED AS INAPPLICABLE The printed portions of this form,except dlflerenffatedaddfions,have been approved by the��Colorado Real Estate Commission.(CBS1-7-04) ter. Buyers mitialsl��cr . Sellers initials:_ _ 0377 0523416100014 Brokers Network Rec/Ranch Realty,Inc. 5:20 PM 8/222005 oescontracts e 1993-2004 aeawt 1.Boa79`✓7759 Prepared by Jim Borland,Broker 2I page 2 21 § 11 Closing Date •NO CHANGE• 22 §16 Possession Date •NO CHANGE• 23 §16 Possession Time •NO CHANGE' 24 §27 Acceptance Deadline Date •NO CHANGE• 25 §27 Acceptance Deadline Time •NO CHANGE• 3. Purchase Price shall be INIElasu Earnest Money Deposit shall be in the form of • 4. Other Changes: Part 3a. Inclusions:Other furniture and equipment on the property shall be included with exceptions in item 3b below. Para.3b. Exclusions: Treadmill,2 small tv's in bedrooms,pictures,file cabinet in office bldg,couch in living room. High pressure washer,portable airless sprayer(other airless stays), 3 pt sprayer(other sprayer stays),hand tools& wrenches. Irrigation pipe stored on lot#1(goes with lot#6) Equipment in tool line is excluded,box scrapper,rotary mower,disc,post hole digger,portable weed burner. All other terms and conditions of the proposed contract shall remain the same. This proposal shall expire unless accepted in writing by Seiler and Buyer as evidenced by their signatures below and the offering party to this document receives notice of such acceptance on or before FRIDAY,AUGUST 26,2005 at 5:00 PM (date) (time le 3:00 PM) If accepted,the proposed con as amended,shall become a contract between Seller and Buyer. of signature Sellers V2-6-- - Date a signature Seller �t l—n� .e� , •�/ /p�Z�i J Dale of signature eller Date of signature Seller's Address: Ovrr %//4ir ��2�l�oS Buy��r) eA Date of signature Buyer Date of signature Buyer Date of signature Buyer Date of signature Buyer's Address: Note:When this counterproposal form is used,the proposed contract is not to be signed by the party initiating this counterproposal. This counterproposal must be securely attached to the proposed contract The printed portions of this form,except dlferenttated addrims,have been approved by the Colorado Real Estate Commission.(CP40-504) 0377 0523416100014 Brokers Network Rec/Ranch Realty,Inc. 2:32 PM 8124/2005 On comas 01993-2004 on.rnc.1-800-795-7759 Prepared by Jim Borland,Broker,Gni page 4 e. Cash at Closing. All amounts paid by Buyer at Closing Including Cash at Closing,plus Buyers dosing costs, shall be in funds which comply with all applicable Colorado laws,which include cash,electronic transfer funds,certified check,savings and loan tellers check and cashiers check(Good Funds). 5. FINANCING CONDITIONS AND OBLIGATIONS. a. Loan Application. OMITTED AS INAPPLICABLE b. Loen Comm*nent, OMITTED AS INAPPUCABLE c. Credit Information. OMIT7Eo AS INAPPLICABLE d. Existing Loan Review. OMITTED AS INAPPUCABLE 6. APPRAISAL PROVISIONS. a. Appraisal Condition. (1) No Appraisal Condition. This subsection a.shall not apply. (2) FHA. fib 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 deposits or otherwise unless the Purchaser(Buyer)has been given in accordance with HUD/FHA or VA requirements a written statement by the Federal Housing Commissioner,Veterans Administration,or a Direct Endorsement lender setting forth the appraised value of the Property of not less than . The Purchaser(Buyer)shall have the privilege and option of proceeding with consummation of the contract without regard to the amount of the appraised valuation.The appraised valuation is arrived at to determine the maxhmum mortgage the Department of Housing and Urban Development will insure.HUD does not warrant the value nor the condition of the Pruyn_ty.The Purchaser (Buyer)should satisfy himself/herself that the price and condition of the Property are acceptable. (3) VA. If Buyer is to pay the Purchase Price by obtaining a new VA-guaranteed loan,it is agreed that,notwithstanding any other provisions of this contract,Buyer shall not incur any penalty by forfeiture of Earnest Money or otherwise be obligated to complete the purchase of the Property described herein,if the contract Purchase Price or cost exceeds the reasonable value of the Properly established by the Veterans Administration. Buyer shall,however,have the privilege and option of proceeding with the consummation of this contract without regard to the amount of the reasonable value established by the Veterans Administration. (4) Other. Buyer shall have the sole option and election to terminate this contract if the Purchase Price exceeds the Property% valuation determined by an appraiser engaged by NOT APPLICABLE The contract shall terminate by Buyer giving Seller written notice of termination and either a copy of such appraisal or written notice from lender that confirms the Property's valuation is less than the Purchase Price,received on or before Appraisal Deadline(§2c). If Seller does not receive such written notice of termination on or before Appraisal Deadline (§2c),Buyer waives any right to terminate under this subsection. ale printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.(CBS1-7-04) Brokers Network Rec./Ranch Realty,Inc. Buyers mfialsk� m. Sellers initials:_ _ 03770523416100014 KY 5:20 PM 8122/2005 oes convects 01993-2304 oes,Inc-1.oW-78S7759 Prepared by Jim Borland,Broker,bud page 5 i b. Cost of Appraisal. Cost of any appraisal to be obtained after the date of this contract shall be timely paid by X Buyer Seller. 7. EVIDENCE OF TITLE. a. Evidence of ride. On or before Title Deadline(§2c),Seller shall cause to be furnished to Buyer,at Seller's expense,a current commitment for owner's title insurance policy(file Commitment)in an amount equal to the Purchase Price,or if this box is checked, An Abstract of title certified to a current date. At Seller's expense,Seller shall cause the title insurance policy to be issued and delivered to Buyer as soon as practicable at or after Closing. If a title insurance commitment is furnished,it Lin Shan Shall Not commit to delete or insure over the standard exceptions which relate to: (1) parties in possession. (2) unrecorded easements, (3) survey matters, (4) any unrecorded mechanic's liens, (6) gap period(effective date of commitment to date deed is recorded),and (8) unpaid taxes,assessments and unredeemed tax sales prior to the year of Closing. Any additional premium expense to obtain this additional coverage shall be paid by Seller. b. Copies of Exceptions. On or before Title Deadline(§2c),Seller,at Seller's expense,shall furnish to Buyer and ,(1)a copy of any plats,declarations,covenants,conditions and restrictions burdening the Property,and (2)if a title insurance commitment is required to be furnished,and if this box is checked X Copies of any Other Documents (or,if legible,summaries of such documents)fisted in the schedule of exceptions(Exceptions). Even if the box is not checked,Seller shall have the obligation to furnish these documents pursuant to this subsection if requested by Buyer any time on or before Document Request Deadline(§2c). This requirement shall pertain only to documents as shown of record in the offices of the clerk and recorder. The abstract or title insurance commitment,together with any copies or summaries of such documents furnished pursuant to this section,constitute the title documents(Tile Documents). C. Survey. On or before Survey Deadline (§2c) Seller Buyer WA shall cause Buyer and the issuer of the Title Commitment or the provider of the opinion of title if an abstract,to receive a current bnprovemeM Survey Plat bnprovement Location Certificate — (the description checked is known as Survey). An amount not to exceed$ N/A for Survey shall be paid by Buyer Seller. WA If the cost exceeds this amount,Buyer shall pay the excess on or before Closing unless Buyer delivers to Seller before Survey is ordered,Buyer's written notice allowing the exception for survey natters. d. Common Interest Community Oovernino Documents OMITTED AS INAPPLICABLE 8. TITLE AND SURVEY REVIEW. a. Title Review. Buyer shall have the right to inspect the Title Documents. Written notice by Buyer of unmerchantability of title, form or content of Title Commitment or of any other unsatisfactory title condition sham by the Tale Documents,notwithstanding §12,shall be signed by or on behalf of Buyer and given to Seller on or before Title Objection Deadline(§2c),or within five(5)calendar days after receipt by Buyer of any change to the Tale Documents or endorsement to the Title Commitment together with a copy of the document adding any new Exception to title. If Seller does not receive Buyers notice by the date specified above,Buyer accepts the condition of title as disclosed by the The Documents as satisfactory. b. Matters not Shown by the Public Records. Seller shall deliver to Buyer,on or before ON-Record Matters Deadline(§2c) true copies of all leases and surveys in Seller's possession pertaining to the Property and shall disclose to Buyer all easements,liens (including,without limitation,governmental improvements approved,but not yet installed)or other tile matters(including,without limitation, rights of first refusal,and options)not shown by the public records of which Seller has actual knowledge. Buyer shall have the right to inspect the Property to determine if any third party has any right in the Rupert'not shown by the public records(such as an unrecorded easement, unrecorded lease,or boundary line discrepancy).Written notice of any unsatisfactory condition disclosed by Seller or revealed by such inspection,notwithstanding§12,shall be signed by or on behalf of Buyer and given to Seller on or before Off-Record Matters Objection Deadline(§2c). If Seller does not receive Buyer's notice by said date,Buyer accepts title subject to such rights,if any,of third parties of which Buyer has actual knowledge. c. Survey Review. Buyer shall have the right to inspect Survey. If written notice by or on behalf of Buyer of any unsatisfactory condition shown by Survey,notwithstanding§8b or§12,is received by Seller on or before Survey Objection Deadline (§ 2c) then such objection shall be deemed an unsatisfactory title condition. If Seller does not receive Buyer's notice by Survey Objection Deadline(§2c),Buyer accepts Survey as satisfactory. the printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.(CBSI-7-04) Buyer's inafals:KAL W. Seller's initials: 0377 0523416100014 Brokers Network ReclRanch Realty,Inc. 5:20 PM 8122/2005 Oes Contracts O1993-2034 Oes,Inc.14900-795.7759 Prepared by Jim Borland,Broker,L..I page 6 d. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES.BUYER SHOULD INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION INDEBTEDNESS OF SUCH DISTRICTS,EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH INDEBTEDNESS,AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES. In the event the Property is located within a special taming district and Buyer desires to terminate this contract as a result,if written notice is received by Seller on or before Off-Record Matters Objection Deadline(§2c),this contract shall then terminate.If Seller does not receive Buyer's notice by such date,Buyer accepts the effect of the Property's inclusion in such special ta,dng district and waives the tight to terminate. e. Right to Object,Cure. Buyers right to object shall include,but not be limited to those matters listed in§12. If Seller receives notice of unmerchantabaty of title or any other unsatisfactory title condition or commitment terms as provided in subsections 8 a,b,c and d above,Seller shall use reasonable efforts to correct said items and bear any nominal expense to correct the same prior to Closing. If such unsatisfactory title condition Is not corrected to Buyer's satisfaction on or before Closing,this contract shall then tent ate;provided,however, Buyer may,by written notice received by Seiler on or before Closing,waive objection to such items. f. Right of First Refusal or Approval. OMITTED AS INAPPLICABLE g. Tide Advisory. The Title Documents affect the title,ownership and use of the Property and should be reviewed carefully. Additionally,other matters not reflected in the Title Documents may affect the title,ownership and use of the Property,including without limitation boundary lines and encroachments,area,zoning,unrecorded easements and claims of easements,leases and other unrecorded agreements, and various laws and govemifllR&al regulations concerning land use,development and environmental matters. THE SURFACE ESTATE MAY BE OWNED SEPARATELY FROM THE UNDERLYING MINERAL ESTATE,AND TRANSFER OF THE SURFACE ESTATE DOES NOT NECESSARILY INCLUDE TRANSFER OF THE MINERAL RIGHTS. THIRD PARTIES MAY HOLD INTERESTS IN OIL,GAS,OTHER MINERALS,GEOTHERMAL ENERGY OR WATER ON OR UNDER THE PROPERTY,WHICH INTERESTS MAY GIVE THEM RIGHTS TO ENTER AND USE THE PROPERTY. Such matters may be excluded from the title insurance policy. Buyer is advised to timely consult legal counsel with respect to all such matters as there are strict time limits provided in this contract(e.g.,Title Objection Deadline[§2c1 and Off-Record Matters Objection Deadline[§2c1). 9. LEAD-BASED PAINT. Unless exempt,if the improvements on the Property include one or more residential dwellings for which a building permit was issued prior to January 1,1978,this contract shad be void unless a completed Lead-Based Paint Disclosure(Sales) form is signed by Seller and the required real estate licensees,which must occur prior to the parties signing this contact. 10. PROPERTY DISCLOSURE,INSPECTION AND INSURABILITY:BUYER DISCLOSURE. On or before Seller's Property Disclosure Deadline(§2e),Seller agrees to provide Buyer with a Seller's Property Disclosure form completed by Seller to the best of Seller's current actual knowledge. a. Inspection Objection Deadline. Buyer shall have the right to have inspections of the physical condition of the Property and Inclusions,at Buyer's expense. If the physical condition of the Property or Inclusions is unsatisfactory in Buyer's subjective discretion,Buyer shall,on or before Inspection Objection Deadline(§2c): (1)notify Seller in writing that this contract is terminated,or (2)provide Seller with a written description of any unsatisfactory physical condition which Buyer requires Seller to correct(Notice to Correct). If written notice is not received by Seder on or before Inspection Objection Deadline(§2c),the physical condition of the Property and Inclusions shall be deemed to be satisfactory to Buyer. b. Resolution Deadline. If a Notice to Correct is received by Seller and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Resolution Deadlne(§2c),this contract shall terminate one calendar day following the Resolution Deadline(§2c),unless before such termination Seder receives Buyer's written withdrawal of the Notice to Correct. c. Insurability. This contract is conditioned upon Buyer's satisfaction,in Buyer's subjective discretion,with the avadabildy,terms, conditions and premium for property insurance. This contract shall terminate upon Seller's receipt,on or before Property Insurance Objection Deadline(§2c)of Buyer's written notice that such insurance was not satisfactory to Buyer. If said notice is not timely received, Buyer shall have waived any right to terminate under this provision. d. Damage, Liens and Indemnity. Buyer is responsible for payment for an inspections,surveys,engineering rLIRA A or for any other work performed at Buyer's request and shall pay for any damage which occurs to the Property and Inclusions as a result of such activities. Buyer shall not permit claims or liens of any lend against the Property for inspections,surveys,engineering reports and for any other work performed on the Property at Buyer's request. Buyer agrees to indemnify,protect and hold Seller harmless from and against any liability, damage,cost or expense incurred by Seller in connection with any such inspection,claim,or lien. This indemnity includes Seller's right to recover all costs and expenses incurred by Seller to enforce this subsection,including Seler's reasonable attorney and legal fees. The provisions of this subsection shall survive the termination of this contract. e. Busier Disclosure. Buyer represents that Buyer Xi Does Does Not need to sell and close a property to complete this transaction. Note: Any property sale contingency should appear in Additional Provisions(§24). the printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.(CBS1-7-04) Buyer's initials £L1). Seller's initials:_ _ 0377 0523418100014 Brokers Network Rec/Ranch Realty,Inc. 3:05 PM 8/23/2005 oesconvacts O,983-2n04gec.Inc-l-8na-79Sn59 Prepared by Jim Borland,Broker,...Al page 7 f. Megan's Law. If the presence of a registered sex offender is a matter of concern to Buyer,Buyer understands that Buyer must contact local law enforcement officials regarding obtaining such information. ._. 11. CLOSING. Delivery of deed from Seller to Buyer shall be at closing(Closing).Closing shall be on the date specified as Closing Date(§2c)or by mutual agreement at an earlier date. The hour and place of Closing shall be as designated by Listing Broker at Stewart Title of Fort Collins • 12. TRANSFER OF TITLE. Subject to tender or payment at Closing as required herein and compliance by Buyer with the other terms and provisions hereof,Seller shall execute and deliver a good and sufficient GENERAL WARRANTY deed to Buyer,at Closing,conveying the Property free and clear of all taxes except the general taxes for the year of Closing. Except as provided herein,title shall be conveyed free and clear of all liens,including any gover,mental liens for special improvements installed as of the date of Buyer's signature hereon,whether assessed or not. Title shall be conveyed subject to: a.those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with§8a(Tale Review), b.distribution utility easements(including cable TV), c.those specifically described rights of third parties not shown by the public records of which Buyer has actual knowledge and which were accepted by Buyer in accordance with§8b(Matters Not Shown by the Public Records)and§Sc(Survey Review). d.inclusion of the Property within any special taxing district, e.the benefits and burdens of any declaration and party wall agreements,if any,and f.other ••NONE OTHER•• 13. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before Closing from the proceeds of this transaction or from any other source. 14. CLOSING COSTS.DOCUMENTS AND SERVICES. Buyer and Seller shall pay,in Good Funds,their respective Closing costs and all other items required to be paid at Closing,except as otherwise provided herein. Buyer and Seller shall sign and complete all customary or reasonably required documents at or before Closing. Fees for real estate Closing services shall be paid at Closing by X One-half by Buyer and One-half by Seller Buyer Seller Other Any fees incident to the issuance of owners'association's statement of assessments(Status Letter)shall be paid by Buyer Seller. X NIA Any fees incident to the transfer from Seller to Buyer assessed by the owners'association (Owners'Association Transfer Fee)shall be paid by Buyer X Seller. N/A The local transfer tax of 0 %of the Purchase Price shall be paid at Closing by One-half by Buyer and One-half by Seller Buyer Seller Other Any sales and use tax that may accrue because of this transaction shall be paid when due by Buyer Seller. X N/A 15. PROBATIONS. The following shall be prorated to Closing Date(§2c),except as otherwise provided: a. Taxes. Personal property taxes,if any,and general real estate taxes for the year of Closing,based on Taxes for the Calendar Year Immediately Preceding Closing X Most Recent Mill Levy and Most Recent Assessment Other • b. Rents. Rents based on Rents Actually Received Accrued. X WA Security deposits held by Seller shall be credited to Buyer. Seller shall assign all leases to Buyer and Buyer shall assume such leases. NOT APPLICABLE c. Association Assessments. OMITTED AS INAPPLICABLE d. Loan Assumption- Mortgage Insurance. FHA or private mortgage insurance premium,if any, Shall Shall Not N/A be apportioned to Closing Date(§2c). Any such amount shall be apportioned as follows: ••NOT APPLICABLE** e. Other Prorations. Water and sewer charges;interest on any continuing loan,and NOT APPLICABLE f. Final Settlement Unless otherwise agreed in waling,these prorations shall be final. The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.(CBS1-7-04) Buyer's initialsell Awn. Seller's initials: 03770523418100014 Brokers Network Rec/Ranch Realty,Inc. 3:05 PM 8/232005 oes Contracts O1983-moeas.ln 1-800-795-7759 Prepared by Jim Borland,Broker,GRI page 8 i16. POSSESSION. Possession of the Property shall be delivered to Buyer on Possession Date and Possession Time(§2* subject to the following leases or tenancies: - NONE- • - If Seller,after Closing,fails to definer o._ lylibl possession as specified,Seller shall be subject to eviction and shall be adddionaity liable to Buyer for payment of $200.00 per day from the Possession Date(§2c)until possession is delivered. Buyer X f Does Does Not represent that Buyer will occupy the Property as Buyers principal residence. 17. NOT ASSIGNABLE. This contract shaft not be assignable by Buyer without Sellers prior written consent Except as so restricted, this contract shall inure to the benefit of and be binding upon the heirs,personal representatives,successors and assigns of the parties. 18. INSURANCE;CONDITION OF.DAMAGE TO PROPERTY AND INCLUSIONS. Except as otherwise provided in this contract,the Property,Inclusions or both shall be delivered in the condition existing as of the date of this contract,ordinary wear and tear excepted. a. Casualty Insurance. In the event the Property or Inclusions shall be damaged by fire or other casualty prior to Closing, in an amount of not more than ten percent of the total Purchase Price,Seller shall be obligated to repair the same before the Closing Date (§2c). In the event such damage is not repaired within said time or if the damages exceed such sum,this contract may be terminated at the option of Buyer by delivering to Seller waken notice of termination. Should Buyer elect to carry out this cot lb despite such damage,Buyer shall be entitled to a credit,at Closing,for all the Insurance proceeds resulting from such damage to the Property and Inclusions payable to Seller but not the owners'association,if any,plus the amount of any deductible provided for in such insurance policy,such credit not to exceed the total Purchase Price. b. Damage.Inclusions and Services. Should any Inclusion or service(including systems and components of the Property,e.g.heating,plumbing,etc.)fat or be damaged between the date of this contract and Closing or possession,whichever shall be earlier,then Seller shall be liable for the repair or replacement of such Inclusion or service with a unit of similar size,age and quality,or an equivalent credit,but only to the extent that the maintenance or replacement of such Inclusion,service or Torture is not the responsibility of the owners' association,if any,less any insurance proceeds received by Buyer covering such repair or replacement. Seller and Buyer are aware of the existence of pre-owned home warranty programs which may be purchased and may cover the repair or replacement of some Inclusions. c. Walk-Through and Verification of Condition. Buyer,upon reasonable notice,shall have the right to walk through the Properly prior to Closing to verify that the physical condition of the Property and Inclusions complies with this contract. 19. RECOMMENDATION OF LEGAL AND TAX COUNSEL By signing this document,Buyer and Seller acknowledge that the respective broker has advised that this document has important legal consequences and has recommended the examination of title and consultation with legal and tax or other counsel before signing this contract. 20. TIME OF ESSENCE.DEFAULT AND REMEDIES. Time Is of the essence hereof. If any note or check received as Earnest Money hereunder or any other payment due hereunder is not paid,honored or tendered when due,or if any other obligation hereunder Is not performed or waived as herein provided,there shall be the following remedies: y a. If Braver is in Default: (1) Specific Performance. Seller may elect to treat this contract as canceled,in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller,and Seller may recover such damages as may be proper,or Setter may elect to treat this contract as being in full force and effect and Seiler shall have the right to specific performance or damages,or both. X (2) Liquidated Damages. All payments and things of value received hereunder slaty be forfeited by Buyer and retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder.It is agreed that such payments and things of value are LIQUIDATED DAMAGES and (except as provided in subsection c)are SELLER'S SOLE AND ONLY REMEDY for Buyer's failure to perform the obligations of this contract.Seller expressly waives the remedies of specific performance and additional damages. b. If Seller is in Default Buyer may elect to treat this contract as canceled,in which case all payments and things of value received hereunder shall be returned and Buyer may recover such damages as may be proper,or Buyer may elect to treat this contract as being in full force and effect and Buyer shall have the right to specific performance or damages,or both. c. Costs and Expenses. In the event of any arbitration or litigation relating to this contract,the arbitrator or court shall award to the prevailing party all reasonable costs and expenses,including attorney and legal fees. 21. MEDIATION. If a dispute arises relating to this contract,prior to or after closing,and is not resolved,the parties shall first proceed in good faith to submit the matter to mediation. Mediation is a process in which the patties meet with an impartial person who helps to resolve the dispute informally and confidentially.Mediators cannot impose binding decisions. The parties to the dispute must agree before any settlement is binding. The parties will jointly appoint an acceptable mediator and will share equally in the cost of such mediation. The mediation,unless otherwise agreed,shall terminate in the event the entire dispute is not resolved within 30 calendar days of the date written notice requesting mediation is sent by one party to the other at the party's last known address.This section shall not alter any date in this contract,unless otherwise agreed. 22. EARNEST MONEY DISPUTE. In the event of any controversy regarding the Earnest Money and things of value (notwithstanding any termination of this contract or mutual written instructions), Earnest Money Holder shall not be required to take any action. Earnest Money Holder may await any proceeding,or at Its option and sole discretion,interplead all parties and deposit any money or things of value into a court of competent jurisdiction and shall recover court costs and reasonable attorney and legal fees. 23. TERMINATION. In the event this contract is terminated,all payments and things of value received hereunder shall be returned and the parties shall be relieved of all ob ieations hereunder subiect to 65 10d 21 and 22 .he printed portions of this form,except differentiated addfions,have been approved by the Colorado Real Estate Commission.(CBS1-7-04) Buyer's initials 11.1017. Seller's initials: 0377 0523416100014 Brokers Network Rec/Ranch Realty,Inc. 3:05 PM 8/23/2005 oesco�wcts 01983-2004 oes,Inc.1-8004ssns9 Prepared by Jim Borland,Broker,GM page 9 1 24. ADDrnONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate Commission.) 1. Contract is subject to sale&closing of their personal residence or this contract shall fail with earnest money returned to buyers. 2. The portion of Lot 1 North of the driveway shall not be governed by the Covenants,except that any new construction North of the drive shall conform in color to the existing structures.Any color change of structures shall be approved by the HOA. 3. After 90 days this contract shall be subject to a 72 hour 1st right of refusal should the Sellers receive another acceptable offer. In that event,failure of Buyers to remove provision#1 above and proceed to closing shall cause this contract to become void with earnest money returned to,-Buyers. {. r, J J t +r',a#7 f A,a/ J -e'�/ ` �7//1-�' Jai-7=r r L/o3'AT, 25. gNTIRE AGREEMENT.MODIFICATION.SURVIVAL. This agreement constitutes the entire contract between the parties relating to the subject hereof,and any prior agreements pertaining thereto, whether oral or written,have been merged and integrated into this contract.No subsequent modification of any of the terms of this contract shall be valid,binding upon the parties,or enforceable unless made in writing and signed by the parties. Any obligation in this contract that, by its terms,is intended to be performed after termination or Closing shall survive the same. 26. NOTICE,DELIVERY AND CHOICE OF LAW. a.Physical Delivery. Except for the notice requesting mediation described in§21 and except as provided in§26b below,all notices must be in writing. Any notice to Buyer shall be effective when received by Buyer or by Selling Brokerage Firm,and any notice to Seller shall be effective when received by Seller or Listing Brokerage Firm. . b.Electronic Delivery. As an alternative to physical delivery,any signed document and written notice may be delivered in electronic form by the following indicated methods only. X Facsimile E-mail None Documents with original signatures shall be provided upon request of any party. c.Choice of Law. This contract and all disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in this state for property located in Colorado. 27. NOTICE OF ACCEPTANCE.COUNTERPARTS. This proposal shall expire unless accepted in writing,by Buyer and Seller,as evidenced by their signatures below,and the offering party receives notice of acceptance pursuant to§26 on or before Acceptance Deadline Date(§2c)and Acceptance Deadline Time(§2c). If accepted,this document shall become a contract between Seller and Buyer. A copy of this document may be executed by each party, separately,and when each party has executed a copy thereof,such copies taken together shall be deemed to be a full and complete contract between the'J[1p�arrtiiess.� �n7n��/,. `�' e� i`�r"'u A 1 vrW2�w Date of signature p/z 3/0 . Buyer: Kevin Ke /D.Martin t) 7(�1 F/QJ(JLQA . 17 tj n Date of signature 8S1,I,g-!)5 Buyer: Deborah R.Martin Buyer's Address: 10175 Hwy 392. Windsor, CO. 80550 Buyers Telephone No: 970-9862143 Buyers Fax No: Buyers Email Address: .he printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.(CBS1-7-04) Sellers initials: 0377 0523416100014 Brokers Network Rec/Ranch Realty,Inc. 3:05 PM 8/23/2005 oescontaar 91993-2004Qes,Ine 1-806795-7759 Prepared by Jim Borland,Broker,tortl page 10 1 [N0TE:ff this offer is being countered or rejected,do not sign this document. Refer to§28] Date of signature . Seller: Mary F Carlson Revocable Living Trust Date of signature . Seller: George B Carlson Revocable Living Trust Seller's Address: Seller's Telephone No: Seller's Fax No: Seller's Email Address: 28. COUNTER;REJECTION. This offer isuntered Rejected. QQ � � Initials only of party(Buyer or Seller)who countered or rejected offer ; 5-24,!_--if(0/ END OF CONTRACT Note:Closing Instructions and Earnest Money Receipt should be signed on or before Title Deadline(§2c). BROKER ACKNOWLEDGMENTS. The undersigned Brokers acknowledges receipt of the Earnest Money deposit specified in §4 and,while not parties to the contract,agree to cooperate upon request with any mediation conducted under §21. The Selling Broker is a Buyer's Agent X Transaction-Broker in this transaction. The Listing Broker is a Seller's Agent X Transaction-Broker in this transaction. BROKERS'COMPENSATION DISCLOSURE. Selling Brokerage Firm's compensation or commission is to be paid by: X Listing Brokerage Firm Buyer Other (To be completed by Listing Broker) Listing Brokerage Finn's compensation or commission is to be paid by. X Seller Buyer Other Selling Broker/Finn (Name of Broker/Firm) Listing Broker/Finn (Name of Broker/Finn) Brokers Network Rec./Ranch Realty,Inc. Brokers Network ReGRanch Reallyinc. 145 Fairway Lane Fort Collins,Colorado 80525 Telephone No: (970)226-0403 Telephone No: Fax No: (970)226-3873 Fax No: E-MAIL: E-MAIL: By (Signature) Date By: (Signature) Date Jim Borland,Broker,GRI Jim Borland the printed portions of this form,except dMerentlated additions,have been approved by the Colorado Real Estate Commission.(CBS1-7-04) Brokers Network Rec/Ranch Realty,Inc. 0377 0523416100014 ny 3:05 PM 8/23/2005 Qx(:anUiC6 0 1803-2004 k>�me i.eooaes.nse Prepared by Jim Borland,Broker,GRI page 1 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. Rec/Ranch Realty, Inc. Brokers CLOSING INSTRUCTIONS 145 Fairway Lane `etwork AND Fort Collins, CO 80525 An Aamc.on of Independent Common EARNEST MONEY RECEIPT (970) 226-0403 ® PALS REALTY Date: Tuesday,August 23,2005 1.PARTIES,PROPERTY. Mary F Carlson Revocable Living Trust AND George B Carlson Revocable Living Trust Seller,and Kevin D.Martin AND Deborah R.Martin Buyer,engage Stewart Title of Fort Collins Closing Company, who agrees to provide closing and settlement services in connection with the closing of the Mowing described real estate in the County of Weld ,Colorado: Lot 1,Prairie Ridge Estates also known as: 7690 Carlson Ct Fort Collins COLORADO 80524 (Street Address City State Zip) 2. INFORMATION,PREPARATION. Closing Company is authored to obtain any information necessary for the closing. Closing Company agrees to prepare,delver,and record those documents(excludng legal documents)that are necessary to carry out the terms and conditions of the Contract to Buy and Sell Real Estate,dated Monday,August 22,2005 including any counterproposals and amendments(Contact). 3. CLOSING FEE Closing Company will receive a fee not to exceed S $135.00 for providing these closing and settlement servieea. 4 GOOD FUNDS. Closing Company is aA o,taed to receive funds and to disburse when all tints received are either(a)available for immediate withdrawal as a natter of right front the financial insatiate in which the funds have been deposited or(b)are available for immediate withdrawal as a consequence dm agreement of a Mancini institution in which the fords are to be deposited or a financial institution upon which the funds are to be drawn(Good Funds). t RELEASE,DISBURSEMENT. Closing Company is not authorized to release any signed documents or tines of value prior to receipt and disbursement of Good Funds,et*as provided in sections 10 elicit 1. 6 DISBURSER. Closing Company shall disburse ail funds,icing reel estate connissions,except those funds as may be separately disclosed in writing to Buyer and Seller by Closing Company or Buyers tender on or before closing. Al parties agree that no one other than the disburser can assure that payoff of bare and other disbursements wit actually be nude. 7. SELLER'S NET PROCEEDS. Seller will receive the net proceeds of closing as indicated: X Cashiers Check at Site's exense. Funds Electronicary transferred[wire transfer)to an accost specified by the Seller,at Sellers expense Closing Company's trust accost check. t FURNISH INFORMATION AND DOCUMENTS. Buyer and Seller will furnish any additional information and documents required by Closing Company that w8 be necessary to complete this transaction. 9. CLOSING STATEMENT. Closing Company w®prepare and delver an accurate,complete and detailed closing statement to ( Buyer and Seller at time of closing. I The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.(CL&G04) 0377 0523416100014 Brokers Network Rec/Ranch Realty,Inc. 9:37 PM 8/222005 ores Contracts O1993-2U)4 amino 1-800-795-T759 Prepared by Jim Borland,Broker, d page 2 10. FAILURE OF CLOSING. If dosing or disbursement does not occur on or before Closing Date set forth in the Contract, Closing Company, except as provided herein, is authorised and agreesto return all docents,monies,and things of value to the depositing party,upon which Closing Company will be relieved from any further duty,responsM,y or liability in connection with these Instructions. In addition,any promissory note,deed of trust or other evidence of indebtedness signed by Buyer,shag be voided by Closing Company,with the originals returned to Buyer and a copy to Buyer's lender. 11. EARNEST MONEY DISPUTE. In the event of any controversy regarding the Earnest Money and things of value held by Closing Company(notwi0standirg any termination of the Contract or mutual written instructions),Closing Company shall not be required to take any action. Closing Company may awed any ping,or at its option and sole discretion,interplead all parties and deposit any money or things of value into a court of competent jurisdiction and shall recover court costs and reasonable attorney and legal fees. 12. SUBSEQUENT AMENDMENTS. Any amendments to,or termination of,these Closing Instructions must be in writing and signed by Buyer,Seller and Closing Company. 13. WITHHOLDING. The Internal Revenue Service and the Colorado Department of Revenue may require Closing Company to withhold a substantial portion of the proceeds of this sale when Seller either(a)is a foreign person or(b)will not be a Colorado resident after closing.Seller should inquire of Seller's tax advisor to determine If wattling applies or if an exemption exists. 14. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate Commission.) 15. COUNTERPARTS. This document may be executed by Buyer,Seller and Closing Company,separately,and when each party has executed a copy,such copies taken together shall be deemed to be a full and complete contract between the parties_ 18. BROKER'S COPIES. Closing Company shah provide,to each broker in this transaction,copies of all signed documents that such brokers ale required to maintain pursuant to the rules of the Colorado Real Estate Commission. —. The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.(CL8-5-04) 0377 0523416100014 Brokers Network Rec/Ranch Realty,Inc. 9:35 PM 822/2005 Orecarr o1993-2004o.:.inc.1aoo-m95-7759 — Prepared by Jim Borland,Broker, . page 3 17. NOTICE,DELIVERY AND CHOICE OF LAW. a. Physical Delivery. Except as provided in g 17b below,all notices must be in writing.Any notice to Buyer shall be effective when received by Buyer or Selling Brokerage Firm,any notice to Seller shall be effective when received by Seiler or listing Brokerage Firm, and any notice to Closing Company shall he effective when received by Closing Company. b. Electronic Delivery. As an alternative to physical delivery,any signed documents and written notice may be delivered in electronic form by the following istted methods only X Facsimile E-mail None. Documents with original signatures shall be provided upon request of any party. c. Choice of Law. This contract and all disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Colorado that would /bee applicable to Colorado residents who sign a contract in this state for property located e ii n Colorado. iVIA.: f / /.O7. Date of signature b�Z.3/O,‘ Buyer: Kevin D.Martin may. p tutus A P. �7 o m ; Date of signature of-of F ,7 • CAS . Buyer. Deborah R.Martin • [n/n Mary Grari ofR of signature ��E'6// �. fs ®l c.._'" of signature (t/- 1--:Sell ler. Geo Revocable Living Trust Closing Company Stewart Title of Fort Collins Date By Buzz Sawyer Title he printed portions of this form,except du►erentiated additions,have been approved by the Colorado Real Estate Commission.(CL8S04) Brokers Network Rec/Ranch Realty,Inc. 0377 sIn .1 0523416100014 ny 9:35 PM Bf22/1005 0�,ca,o-� a leas.2004 o�.iM.1900.795-7759 Hello