HomeMy WebLinkAbout20040105.tiff Banks and Gesso, LLC
Attachment F— Certificate of Conveyances
Heil Sand and Gravel Mine --
SW Meadow, LLC 27 2004-0105
RECEIVED
DEC 0 6 2002
CERTIFICATE OF CONVEYANCES
STATE OF COLORADO DEPARTMENT OF PLANN NERV '"
COUNTY OF WELD
The Transnation Title Insurance 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 4 in the S '/2 of the NE %of Section 13, Lot 5 in the N / of the SE'/.of Section 13, Lot 6 in the N 1/2 of the
SE '/4 of Section 13,all in Township 2 North, Range 67 West of the 6th P.M.,According to the Lupton
Meadows Land Division No. 1,County of Weld,State of Colorado.
EXCEPTING THEREFROM a tract of land conveyed to Weld County by Deed recorded June 12,1914 in Book 393 at Page 416, -
described as follows:
A strip of land 30 fed on either side of a line beginning at a point which is 1305.6 feet North of the Southeast coma of Section 13,
Township 2 North,Range 67 West of the 6w P.M..thence morning West in a straight line to the tight of way of The Denver,Laramie
and Northwestern Railway Company.
ALSO EXCEPTING THEREFROM a tract of land conveyed to Meadow Mid Irrigation Company No. I by Deed recorded January
23, 1967 in Book 577 as Reception No. 1499388,described as follows:
A strip of land 100 fat wide,being 50 feet wide on cacti side of the center line of The Denver,Laramie and Northwestern Railway
Company(formerly a Wyoming Corporation),as originally located.over,across and through the Northwest Quarter of the Southeast
Quarter(NW 94 SE Y.)of Section Thirteen O3),Township Two(2)North.Range 67 West of the 6w P.M..said cema line being more
fully described as follows.
BEGINNING at a point on the South line of said Northwest Quarter of the Southeast Quarter(NW V.SE Y.)of said Section Thirteen
(13),465 feet,more or less.East of the Southwest a of said Northwest Quarter of the Southeast Quieter(NW Y.SE Y.)of said
Section Thirteen(13):thence North 7°58'West to a point on the South line of the Meadow Island Irrigation Company No.1 ditch.
(Being a portion of the strip of land described in that certain deed recorded in Book 314,at Page 440).
CONVEYANCES(II none appear,so state):
Reception No.996907 Book 1195 Page 542
Reception No. 1649416 Book 727
Reception No. 1864322 Book 942
Reception No. 1864323 Book 942
Reception No.2172701 Book 1226
Reception No. 2172702 Book 1226
Reception No. 2172703 Book 1226
Reception No.2172704 Book 1226
Reception No.2172705 Book 1226
Reception No. 2172706 Book 1226
Reception No. 2172707 Book 1226
Reception No. 2172708 Book 1226
Reception No. 2172709 Book 1226
Reception No. 2172710 Book 1226
Reception No.2687542
Reception No.2748554
Reception No. 2892453
The certificate is made for the use and benefit of the Department of Planning Services of Weld County,
Colorado.
This certificate is not to be constructed as and Abstract of Title nor and opinion of Title,nor a guarantee Title
and the liability of Transnation Title Insurance Company,is hereby limited to the fee paid for this Certificate.
In Witness Whereof,Transnation Title Insurance Company,has caused this certificate to be signed by its
proper officer this 8th day of November 2002,at 7:00 am.
TRANSNATION TITLE INSURANCE COMPANY
Order No. 8514879
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By: --C CAIICOIL.
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CONTRACT TO BUY AND SELL REAL ESTATE
(VACANT LAND-FARM-RANCH) Data September 26.2001
1. Agnigaleff. Buyer agrees to buy and the undersigned Setter egress to see the Property defined below on the terms
and conditions sat forth N this contract.
2. TERMS.
ra. Kup Buyer. Wear Resources tit ardor subtle
will pet take s to the property described Uslowr p O nt Terunta ❑TsraMe In Common p](OtMr Limited ..
Unbent
O. qN2 The Properly R ?W of
ftheam legally described real nista
more
Loa 4.6.and.N 8/! Sedand 13.TN.R67W altN am PM15orvaMiMrO 101 acres mom«less
GEM County of Weld . (err tondo, commonly known as ma
Street Address— City Sea- 4 _
together with the interests,easements, tights,benefits, impromments and attached fixtures appurtenant thereto.alt interest of
Seller In vacated sires and alleys adjacent thereto,except as herein excluded.
c. pat..and Deadlines.
cam No. Reference Event Cele or Deadline
�.— _fa tan Trti n/s ..—.
2 §5b' Ian Can lbant Cretans - Ns
3 55c btyir s Oradlt Mddrmatlon Deadline n/a
4 §Sc ONapproil ci bmOdari tiiambaahr -Na
6 56d Existing Loan Documents Deadlie it
--ir.____§tia Objection to Existing Lon Darlene rue
7 _ §Set Sprawl of Liam Transfer Deadline : Ala
-Tr §6a Appraisal DesAkN Na
9 §7a Title Destine ..-...__ ._ -._ 20 days from MEC
10 §7a Survey Nadine see'd'N addendum
1i._.... - 7b Doomed tune .'_-
12 §6a TlSb6Jeetlon oatira _ Mahn -mmliEC
13 atten SINNIWNINININIS
14 lab Off•Record Mailers Objection Dane --
15 §10 Seller's Property Disclosure Deadline _.._.
16 §10a _
"' '-17 §i& Resolution DeadWN
16 11 a ---
19 §16 Possession Data gala
-Iii-__._ -_$i8 ..'. .. Possession Igoe
-Fi--- -pit- - i6eeiptinon61—dllia City._.
§2 -. ... 51-6. Acceptance Acceptance Deadline ne Time glilidialiallitir K
d. Attachments. The folowing edible. attachments and addenda are as part of this centred:
1) Addendum 2) Closing'flagman' 3)Transaction Broker Addendum
s. Anglia bar of eons. A cheek or similar mark N a bad means that etch provision Is applicable. The
abbreviation WA'means not
S (NCUIBIONS AND OCCLUSIONS.
a. The Purchase Price inekdee the falong kerns(iwudons):
Satin(1) If attached n to the Property the date of tins convect,Vibeg, a ing.Plumbing.valatid g.
and co a av ndidoring fixtures. telephone wiring and correcting Nods/Jacks, ptaks, mirrors, floor coverings, Intercom
systems, sptiMela systems and controls, ad WA
_-.. (2) Other Indudans.If on the Property whether attached or not on the date of this centred:storm widow`&
storm doors.widow and porch shades, awnings.bends,screens.window coverings,attain rods, drapery rods,storage sheds,
and all keys. Cheek box If incl ded p Snort Fire Detectors, ❑BecrMty Bystem(sk and
(3) Ihasta.thibmg. With respect to trade fixtures. Seller and Buyer agree as follows:WA
.....__ (4) Water Mahn.The Mowing legally descrbed water rights:seaoa Y of addendum
—^--'-'^(6) gergingaggs,With reaped to the growing crops Sala and Buyer agree a folbwe:2002 moos e
seer-nosea+ad ygeem esla yasa_d_betweeh sees and Byer(6) Buyer to receive at surface a2ha to Include sap
ad gravel...-...
r
sae Leas Cannot to Pads sad see Heel Estate Wawa Land.Perm-Rao*.tKel'erR�ymermot�m�
a.awwwwatimnAaser US a an' aw
a aiab fia4= airiYa/N,I.6Ypl Pege l de
r
MOM.Ikea daarnlanISMS
Ole-I442 Menai Free-WILL fOtin CO Wain. FM pit f-AI
t. jobumen�la�S T1tMNr The inclusions an to be Samoyed at Closing free end deer of at w taxes.O ana
enourorakw,except as Romani In$12.Oorroysiaee shell be by Er of eels or a1Mr WIN Sbunerd(4 Any noose
ate babe�. The folosdr. albsdxed roans we aPecidautdmar deed or from this ei {�
.-, 4. PURCHASE PRICE AND TERMS. The Praline Price set forth below she be payable In U.S. Dollars by Buyer r
(allows: _ _T'_
Remit. Reference —item Loaf`
1 54 Purchase Prise c']
2 }1a ` Earnest Money 4.L 1Pe-'t
3 fob Newman 0 _ a
4 Flo Anatolian Balance 0 4 b,�t^.+
5 ;4C or `e
•34• t7aeinhg
TOTAL .
a. aD st Money,The Earnest Money set forth b this Section,in the farm of check
a pal Its mat account on bend of both the Puralose hrice end shell be payable to aid held by Saar and Buyer. The parties awcrtee hartsaatlon on deposY it
Company.If any,at or before Closing.
°tEurese Money aapose to the dosMx.
b. Long,(Omitted as bupplcable.)
c (Porn as Inapplicable.)d. • r or Private Finangi e. Buyer agrees to execute a promissory note payable to:SorAddendum
-- n (Joint TenantsTeoCOMM
influents la Co pp Other `—
...--on the note form n indicant IB( -No Default Rate)MD 12445 p(tea to t
Rate)ti10 g1-11-03 rimer
(1st, 2nd, ell.)deed of trust encumbering the Property. wog the form as indicant 0Strict Due-On-Sale (TD 72-7-06)
ltworthy(ID 73-746) �(Assunable-Not Due On Sale(TD 74.740) 0Other__
❑QW
Buyer by Willi 0Shall Not axone and deliver,at Casks•Security Agreement and MCC-1 Financing Stateme I
the hoW{Fd the promissory note• la (let,2nd,eta.)Mn on the personal property
in die The promissory note shaft be anodized on the basis of 15 yi{{yeas °mangPelto.Pelt at
$ per year including principal end Yieract at the rate of_ a % per annum. Payments
shall aaanenoa a doll be due on the same day of each auoeeeglno year . gnat sooner paid
the balanced and accrued interest shall be due and payable x after Closing
Payments Shen mShall Not be increased by -,._..- .,of estimated annual reel estate taxes,and Shall ndShall Nor
be Yxaened by of estimated away property iruanoe premhm. The ban shall also certain Me folovaig terms: ix
any payment is not received within f0 calendar days after its doe date, a late dune of % of such :
sheWe due. interest on lender disbursements under the deed of trust shell be • % per annum.Dann interest rate .
be_S%per annum. Buyer may prepay without a penalty except none ,
Buyer,IfQ�Shall�]Shall mal Not provide a mortgages the insurance policy,al Buyer{expense.
e. %!SB a w6 ho,Al STOWS aid by Buyer at Closing Inducing Cash at Closing.pin Buyers dosing costs
coma
stall be In funds which comply applicable bow winch Include cash electronic transfer funds, certified check
savings and loan teller's check and cashier's deck(Good Funds).
G a. l�(Om OBUas GA�.
)
b. n mltmenq(Omitted to inapplicahie) by ex promissory note b favor
c. ye q4 V Buyer Is to pay py SI al a pert of the Purchase Price s
of Seder or If an existing loan is not to be released at Closing. this conked is castanet upon SNkrs approval of Boyars
financial ability and creditworthiness, which approval shall beat Baler's sole and absolute discretion In such one:(1)Buyer
shag to Ser er Buyer's Credit Information Deadline ($2e), at expose. Information
aid credit condition:(2)Buyer consents End Selo may verify B d documents
nencial tilts
and emanae(bdrdngwitig a current credit report).'(3)any such kdam•tdocumentsn end documentss received by Soler she
be held by Seller in confidence. and not released to others except to prated Balers interest in this trsse do (4)if Sala
does not provide written notice of Saes disapproval to Buyer by Disapproval of Buyer's Coedit Deadline ($2c), then Seller
waives tits condtton. U Seller does provide written notice of ds•ppevd to Buyer on or before saki date, this contract an
terminate.
di npos Lop1 ORNeview, (Omitted as inapplicable.)
R /pp
a. Aaeealnl Condition. This subsection a. Cu Shall geShall Not apply
Buyer shin lave an the sole option end election to teammate h contract V Isocline Price exceeds the Property's
giving Seller written valuation determined notice a(terminationppraiser adngeged diither a Wda,,k s the Thehorn
omconked shall whichtermi i by Buyer
Property's valuation al's*less Man the Puronne Pdoe, received on or bdaealthe �lender . V Seller
imam;the
recetne such written notice of termination en or before the Appraisal Deadline 52o),,Appraisal uyer waives any right to amine oder
this absection.
b. Cost of Appraisal,Cost of any appraisal to be obtained alter the date of this contract shall be timely pelt
T- map rT Boy p Seller.
a. D9&Nel�Ea7fF Ta�iT of
Met, On or before TNN Deadline(§20), Seller stall case to be furnished to Buyer
at Seller's ex for owners tide insurance Kiley In an amount equal to the Purchase Price or if this
box is checked. np An Abetted of tide certified tee current date. If•We Insurance commitment is furnished. It El Shah
p Shall Not oarrrrinb delete or Woe over the standard
Twidoh relate to:
rellis in possession
une orded easements.
err ended
(4) e meahados'lens.
(6)gap period(effective date of camn6nent to date deed Is recorded),end
(6)unpaid tarn,assessments and unredeemed fax sales prior to the yew or posing.
Any Baal expense to obtain this additions(coverage shill be paid by gauger a Seder. An rows
not to exceed $ lathe cost d sly Improvement Wolin mnn o or survey shall be paid by
�N r. the mount Bun stall pay th
e access on or before Closing.The
location certificate or survey shell
abei received eo by Byer otorar before
Say Deadline(52c). Saber shell arse
the title insurance to be delivered to pratentle Mooing.
Bata a-sie Contact To an And W5 Reel Step Nana Land-Fan-Rana-Sear Pbsiatj
larams,tonandat- h•eeaed Meslie aerwh 66.60. ^ a.ev /j(4tyy Pepe2 al
• MreaeeTrey,O eUUUM preen
Die-IN-It Its, FriMILL Pomp DI Iw1111M FIN F.•
f-Itt
• b, foe.gf oda On or before Tae osadHne S2e),Stier,et Sara went slid Smith to Buyer,
(1) a copy d aro pats.flank oawne to eenndlsas and rsatrkJias�dri��the Prwerpr,and W V a MI a Surma
co rMnset M tegubed to be furnished. end this bat is Wicked Coples of arty her DeaYaelde(a. II Name,
summaries of sift doaansxs)Hated in the eaMdije of exceptions ). Ewa■gne bat is not chedked,Saar slid
mews the obligation to Wish these documents* to this snbaeclion N requested by Buyer ay time on a before the
Document Request Deadline(52c). The shell pecan e*to documents as shown of record in the oars of the
clerk and recorder(.). The abstract a tide Instance commitment.topa(Mr wWa any copies a summaries of such documents
lurraaled pdasdesr to the Section constitute the tills documents(Tile).
~ a.a.��Title Revi Thar end flee the right to Inspect the Tee Documents. Written notice by Buyer a
smsrohad Icy d tide« jaw ode unsatisfactory Me condition shown try the Tae Documents shed be signed bye'on
behalf of Buyer and OM to Seller on or before Title Objection Deadline(§20),or within-Ewe(tkcelerdar days after receipt by
Buyer of any lige Document(*)or etsemei*(s)adding new Exception(*)to the title caatdenea together ah a copy ci the
Title Document t adding new Eys)to life. 'Sea does not as ve Buyer notice by the dates)specified above.Syr
ad accepts the ot on of tide as by the Title Documents as satisfactory.
b. Maters not by the Public Records. Salr Mel deliver to Buyer,on or before Off-Record Matters
Deadline ($2c)true copies of eli ksas(s)and stevey(s)ea Sellers possessiotn pertaining g lb the Property and shall dame to
Buyer mg easements.lies or other tide matters not shoes by the PteNo monde of War Seger Ins actual knodwps. Buyer
shd hews the right to Inspect the Property to determine if any lad prty(es)has any right in the Property not show by the
public records (such as an rerecorded easement. unrecorded ease, or boundary Ire Ascrepaicy). Written notice of any
er IS Shoo
to Seller before coratio��Med aters Objection Seller or Deadline($uch inspection
c).saw does be notreceive uy Or on sle'sti Or notcewby said date
Buyer accepts We sublet*to such rights.If wy,of ltd parties of aka Buyer has actual knowledge.
c. Doegel Taxing eta TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION
INDEBTEDNESS THAT IS PAID PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY
NRTICN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT Ian FOR INCREASED MILL
LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SUCH.DEBT WHERE QRQSsl)TANCES 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 OBLJGATION INDEBTEDNESS OF SUCH DISTRICTS, EXISTING LOLL LEVIES OF SUCH DISTRICT SERVICING
SUCH INDEBTEDNESS,AND THE POTEMfAL FOR AN INCREASE IN SUCH LOLL LEVIES.
In the ever the Property is located within a sppescitlaelI tadng district and Buyer desires to laminate this contract as e
ran,if written notice is received by Seller on or before Macon'Matters Objection Deadline($2r),this contract shall then
terminate. S Seller does not receive Buyers notice by such date,Buyer accepts the effect of the Property*Inclusion in such
special trap datrM(s)and waives the right to so terminate.
4 piaht to Cum I Seller receives notice aiir u deaalNHy of tide wry other unsatisfactory title condition(*)
or commitment terms as provided in$I a or b above, Bela shed use reasonable effost to correct sad items and bear any
nominal wane to correct the same prior to Closing. Irma unsatisfactory title condition d)we not corrected on or before
Closing, this contract shall then teerninata provided. Maser, Buyer may, by written notice received by Seder, on a before
posing,waive objection to such Hems.
e. TTIIqqe Mveon The Tae Documents affect the tie.ownerehp and use of the Property and shad be teased
carefully. Addadamly.other matters not reflected in the lie Documents may affect the Me,ow ersNp and use of the Property,
bawling without Imitation boundary Wes and encroachments. area,zoning, unrecorded easements and alms of easements,
leases and other urraoorded agreements.end valets taws and governmental regulations caroming end usw development end
e nWorxneaal matters. The surface estate may be owned seppearaatt from the underlying minerd estate.and transfer of the
surface estate does not necessarily Include transfer of the mhaaal rights. Third parses may hold Interests in oil, gas. other
minerals. geothermal energy or water on a under the Property, which interests may get them rights to ewer and use the
Property. Such matters may be excluded from the the Insurance pocky. Buyer is advised to timely consult legal counsel wIth
respect to d such matters a there are strict time limits provided in this contract(e.g..Title Objection Deadline($2c1 and
Off-Record Matters Objection Deadline($20D.
6 SW PAINT, Unless exempt,if the Improvements on the Property include one or more residential s)
for which a bating pemit was Issued prior to anew 1. 1!778.this contract shall be void unless s Leal-Based Pat
Disclosure(Saks)form is signed by Seller and the required real estate licensee(s),which must occur to the parties signing
this contract.
10. pROPERTY DISCLOSURE AND INSPECTION.On or before Sellers Property Disclosure Deadline($20). Seller
agrees to provide Buyer with a written dsaosw of adverse matters regarding the Property completed by Seller to the best re
Sellars avert seta knowledge.
a. jBloeoUa1 Obiection Deadline%OWE sal halo Wit to law inspection(s)of the physical condition of the
Properly and Idiolo s.of Boyars expense. I the Mystical condition of the Property or inclusions is unsatisfactory in Buyers
subjective discretion,Buyer shell,on a beforeInspection Objection Deadline($2*
aaandomry)yy Styr In ieth Bet eie corrot k to fled,r
Provide well;war s written description d cry usatlaeotory physical condition which Buyer requires
Seller to correct(Notice to Correct).
I wan notice is not received by Sala'al or before inspection Objedlon Deadline($2c),the physical condition of
the Property end Inclusions shed be deemed to be satisfactory to Buyer.
d )b Won Deadlle I a take to Correa is received by Seller and If Buyer and Seiler have not weed In
writing to a thereof on or before Resolution Deadline($20),this contract shad terminate one caleivier day oloeMg
the Resolution Deadline,unless before such termination Seiler receives Buyers written withdrawal of the Notice to Correct
c. NOHOW Lions:Indent 1 kw,Buyer Is responsible for payment ford inspections,surveys,engineering reports
or for eery other work performed at = - request and set pay for any deauge which roars to the Property aid inclusions a
■ raid of such wages. Buyer shad not permit calms or an of any kind against the Property for inspections. surveys.
engineering reports and for any other work performed on the Property at Buyers request. Burnt agrees to indemnify, protect
Pad had Seller harmless from ad against ry lability,damage,cost a expense parted by Seller In connection with any such
inspection,claim, or expenses incurred by Seller to enforce
this subsection. I l pThis indemnity includes Sellers right to i s
Sellers reasonable fees The provisions of this subsection shad survive the terminationof
the contract.
1 Subject to tender or payment et dossing as readred lein awn `oanpllanod by Buyer wait the
other terms an
d s proNalaa hereof,Sailer shed Meat*end delgood and■ d dNdana deed
to ewer,at Clakg,conveying the Property free and cer d all Mies except the penart ei fora T---of posing.
as prodded herein.title shad be conveyed free end clear of d lens,Including any powrn etel liens for sped Intpevernaae
Instated as of the date of Sayers elgiw a hereon,whether assessed or not. TWe sled be convoyed to
a. those specSic Exceptions described by reference to recorded documents a In the Tide Documents
aeoeped by Buyer in eceaydance Walk mdse Review).
b. Maranon o. �specifically daubedrights of tNrd pates not shown by the public words of which Buyer ha equal
CBS s4e5CerteaTe Bay And la Red gale Mani Lend-Farm-Rewire-eedr
loraQr.OrftitradetSrreaewa Irtaslm egwWdl ION bertorgaJraL.` regal af•
P MUM oars,eeaeeeelmreear
Oer04-Ittpp0pUritne fro
t0-NOLLQ P!06661ER IA >Onorn 1-101 f.N/2I F-411
CsiosauM-pq(lktp Ooew..hBlQwn.)` (The language of these 'Welk-.al provisions hes not been approved by the
See Addends*aawad hereto-mods a pan Set outset
•
26. INTIM AO OUBA'SUBBE MOOIFICATIOIC SURVIVA4 This contract constitutes the entire contrast
between the parties nlatlng to the subject hereof,and n lector agreements pertaining thereto,sandhi oral or oaten,have been
merged and integrated Into this contract. No modification of any of the terms of this contract shell be wild,binding
won the penes,a enforceable unless made In end signed by the patios. Any obligation hi this contract Win;by its
term..Is!Merged to be paformad aftertermination or be evishall denced d the sins
26. !MUM= by facsimile Documents with engine!signatures shell be
81glMrrw �( ❑
pralded to the other party at Qcsln a each upon request of any prey.
37. Ex for the notice requesting modelen deserted In 121. ay notice to Buyer shad be effective when
received by or Company and any notice to Seder shall be effective Wien received by Seller or Listing Company.
U.
11esOttdCencedOF eslelow. a Rfoe This proposal shag expire wins accepted hi writing by Buyer and
Saga. as below. to the patty receives notice of acceptance pursuant to 127 on or
before Acceptance Deadline Date aid Acceptance Deadline Time (E2e). d atxepted, this downed shed become ■
control ll between Seller and Byer. A copy of this document may be executed by eadm party, separately,end when each party
has executed copy thereof s • taken together shell be deemed to be a full and complete contract between the pads..
ow/sec � Buyer"' -----'-
Date of Buyer's Signature: ((o-/(r-o/ pant of Buyer's Signattra:
Buyers Adtrae:fJ 54 S.Port flour their- Buyer's Telephone No: --`--
A..torn, l • pi Buyers Fax No: --'.
[NOTE N this offer is being countered or rejected,do not sign this document. Refer to 129] G 17:'
2r.,.... __tits 4nvatse4.p- c 67in-
Seder �61a
Pate or Seller's Signature:do-L-iL 44/uv4 4 Date of Seder's Signature: r°"1 1-o
Stilts Address: 492 5 ' W4 1/'445.../A'lY�s.t. Sean Telephone Nat r
,r A/vie../.. !'.. 4Yoo. '; .e 4,.G(t ..6Ar Seders Fa No: Z1V%.. .•L./doteL V
29. COUNTEft:REJECTION.This offer is ❑Countered °Rejected. f _
Initials only.1 party(Buyer or Seller)who countered or rejected offer
BID OF CONTRACT
Note:Closing Instructions should be signed on or before Title Deadline.
j}(tOKQ3t ACKNOW LE.DGMBl1Si The undersigned Broker(s)acknowledges receipt of the Earnest Money deposit specified in E4
and,wide not a party to the toted.agrees to cooperate win request with any mediation conducted wider$21.
paling Company Brokerage Relationship The Selling Company end its licensees have been engaged in this
transaction as Q Buyer Agent p Salter Agent/Subagent to Dual Agent MTnnsadlonaroiwr.
ltstim Cenucenv Brokande ReteMerohle. The Liana Company and its domes, have been engaged in this
transaction as °Seller Agent (Ow(Agent 0 Transaction-Broker.
j3ROl¢RS'COMPENSATION O18Ct osuegg,
Shang Company's compensation or oamNsslon Is to be paid by: ❑Buyer ?Seder punting Company ❑Other
(To be completed by Listing Company)Listing Company's compensation or commission Is to be paid by p Buyer p Seller
°Other.__
Being Cc :Phi Foster end Came (Name of Company)
By: v�.J.,.-� 1� e 1_
Sipromre Pee G.Gundentc D te
Selling Company Address:4ag 8.Chan St Rog Selling Company Telephone No:303-390-0422 2906
Denver.CO 60246 •SNdng Company Fax Pb:303.900-0036
tieing Company:' _._.._. Glans of Company)
Br
Sian ders Date
Listing Company Address: Wtlrig Company' TNeehr a No:
Listing Company Fa Na
gBS s•des Oentraot MBey sad ant Real Eerae(Vo et LanenrinRagdi aMier Pkiandge . ..
tab.eitraur eew4051 wawa • • .• - . ('pseafe
y` ir ;flit!••••••::; %1.)';... .`�'G.-1: ..Q::. :."... :.•
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•- `•..` -ff '.''?.. ._ yisg.4nrsawae.e.i,anewr..
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NOTIE FARTIN UICUDCONSU.TMPIUNI sIa SUN ewsiYrketewi ROMERCOUB81 16$lW*S I
TRANSACTION-DRONER ADDENDUM
(for In-Company Transactions)
1. Melfle(ENTO-GUY TO CONTRACT
ACyRNs dated
Sfbr fl. 1 k part aan
�(EIfCLWNE 6t(r-TO (BOYElt Aa[7!CYl September m.� .or■
tt moat-T08B1 u$1TNG CONTRACT(SB.L AGENCY)dated between the broker named
6-ilaw and Its sales agents ("Broker)all the undersigned Buyer or Seiler. KIM addendum ill lase with■lease or rental
transaction.the ward•Sitar shati mean'Landlord%end the word"Buyer'snap mean Kenna". This Addend n war contra In
the evert of any caAct with the contract to Mich O Is attached
2. LIMITATION GATIONS. When acting as the aged for one patty(either Buyer
or Seller).Broker has duties�s With�,ulnast good faith,loyalty and fidelity to that one patty,and that one
party may be tarlotay liable for acts of Broker. When acting as a Transaction-Broker,Broker sestets the parties throughout a
cortamplided real estate transaction rah camnutioanon,d closing
the withal being an agent or advocate for the interest of � tranent.negotiation.saction. Seller and Buyer not
be hcarlously Dade for ads d a 1ta sadiarBraker.
a. (1)Other LiiceenednssedRRee(titbit Addendum le signed by Buyer,al Estate Cornrow/Mil
for Buyer sewn showing Buyer propergw asaed by other licensed real estate Broker
conpany(Isst r act MUas the awash,spat
for Seller Mten the Property Is shown two prospective have working by relationshipsierwNth aotherpp�mefirer me
conpayOpl
b. (p•CompamrTransadiorite(
When the same Broker represents or assists both parties to a transaction.It k called an lot-company
Transaction 1 is n eoessay that both panties agree how Broker should halle such a situation end avoid any conflict of Interest.
In this Addendum.you and your Broker agree how Broker Is to act in an krCarpay Transaction.
Transaction-Broker.In an I-Company transaction Broker shall act as a Tra sactlonSroker.
Wass the boa in b(2)Is checked
0 IF THIS BOX IS CHECKED. Broker shall act as an agent of the undersigned
Buyer or Seller(aid ahem treat Ate.the other party as a aatomr,not as a client), unless Broker has a written Transaction-Broker
agreement or addendum with the other party.
TIE RlaslAINING PROVISIONS OF MS AODEtOUkt DESCRIIIE SIGNIFICANT QWWES TO THE COUGATONS OF BROKER WHEN
ACTING AS A 1RANCACRON43ROKER N AN ILCOMPANY IRANSAC ON.
3. HATTERS THAT BE DISSLOS W BY A TRANSACTION-BROKER Except as set forth in Section 4.
Broker,when acting as a Transaction-Broker.may Asdose ay Information to one party that Broker gains from the other party if
the Information Is relevant to the transaction or-arty.
4. HATTERS THAT CAM(Q BE PISCLOB) pY A TRANSACTION-BROKER.KERR. Broker, when acting as a
TrasactionBraker,shall not dscbse ' -following Information aMhad the prior consent of Seller and Buyer.
a That Buyer is waling to pay more then the purchase Moe offered for the property;
b. That Seller Is Wing to accept less that the asking mice for the property;
0. What the methodist factors are foray party buying or selling the property:
d. That Seger or Buyer will agree to financing terms other than those offered;
a Any metered ktrmation abet the ode party bless either.
(2) the Atolosln p requkto by kw,
(4J the disclosure le mu d adverse War, metered cols about Buyers
Mendel eddy to pedants the tams of the transaction.
(3) the pr cissclloare pertains to Buyers kited to occupy the property as a
residers*or
(4) tare to disclose such information would consatte(raid or
dishonest&dna.
g. MO OM FOR ION-BROKER TO indeplIGATE Broker,when acting sea Traneaction•grakar.
has
no duty to •wndud an am
the accduacy complatersas of statements mods by Seller or kdprdat Inspectors. Broker
Inspection of the properly he benefit of Buyer and has no duty to Independently verify
. when Ming as a Transaction-
Broker, hat no duty to coda an Independent Irnwsugation of Buyers financial oardtlan or to verify the accuracy or
completeness of wrymade by Boot
s. ADDITIONAL PROVISIONS,.
8 x�fi WL-d—ir /o nep-ol 1,4 ABB•�ea"y .1..f/i °Ch✓l Qina alrl��/ i r SNOT Or
B reetsrarndCoaaany 4 U lair/`
i
By: Is..1 16�]}�
�-^ cNtwaereen ` rata
'MA 2nMNTraasepa Broker Addrndamfar InCdnpayTram:dors •
aararr.r.ar/FeRwfal;—r aerw aggir/ ,VIS' ? '. _ Mrlres5 Sc aeILrlrlaflw
Rai/-It Itr$.al fra-111111 FOSTER CO agIINISI T-IRl f.Wil F-11i
ADDENDUM
To that certain Vacant Land/Faun and Ranch Contract to Buy and Sell Real Estate
dated September 28,2001,by and between Dakota Water Resources LLC, as Buyer,
and Gottlieb Heft, Anne Schmidt, Elizabeth Wsthington, and Leonard Heft as
Seller, concerning certain real property part of 8/2, Section 13, T2N, R67W, 6i1 P.M.
Weld County Colorado.
ADDfI1ONAL PROVISIONS:
a) Inspection. Section 10 shall be amended by the addition of the following language!
The term 'inspection" shall include but not be limited to an Inspection of the
Property, an Inspection of the Inclusions, and a determination of the existence of
nonexistence of PCB transformers, radon gas, hazardous or toxic substances,
and/or underground storage tanks in or on the Property.
b) indemnification. Buyer will indemnify and hold Seller harmless from and against
any and all obligations, claims, losses, damages, costs and materials performed or
furnished with regard to the Property at the instance or request of Buyer and Buyer
shag insure that no lien of any kind is filed with regard to the Property on account of
any such services, labor or materials. In order to adequately protect Seller from any
such claims and liens, Buyer will notify Seller in advance of each contract or
agreement into which it enters for providing services, labor or materials with regard
to the Property, Identifying the name of the contracting party, the labor, services or
materials to be furnished. Furthermore, at all times after the date of this contact,
Buyer shall send the following notice to all suppliers for services, labor or materials,
and shall continuously keep such notice posted in conspicuous places on the
Property:
'The interest of the owners of this Property shall not be subject to any lien for
services, labor, materials or equipment furnished with regard to this Property at
the request of any person other than the owners?
c.) Hazardous Materials/ADA Disclosure. The parties acknowledge that the Property
may contain materials that may have been or may be in the future determined to be
toxic, hazardous or undesirable ("Hazardous Materials"), and may need to be
specifically treated or removed. In addition, the Property may have been subjected
to underground or above-ground storage tanks or may have been contaminated by
other sources. Current and future federal, state and local laws may require the
cleanup of the Hazardous Materials at the expense of those parties who have been
in the chain of title of ownership of the Property. The parties acknowledge that the
Property may be subject to the Americans With Disabilities Ad CADA"), a federal
law, which requires, among other matters, that tenants and/or owners of 'public
accommodations" remove bafflers in order to make the Property accessible by
disabled persons and provide auxiliary aids and services for hearing, vision or
speech impaired persons. The parties acknowledge that Phpl Foster and Company
recommends that all current and future owners and tenants with respect to the
Property seek the advice of knowledgeable legal counsel, architects, environmental
engineers, and other consultants in connection with determining the existence or
nonexistence of Hazardous Materials and complying with the requirements of the
ADA.
d.) Survey. Within forty(40) calendar days from waiver of due diligence contingency,
Seller shall•furnish to Buyer, at Sellers expense, a current ALTA boundary survey
('Survey') prepared by a land surveyor licensed In the State of Colorado. The
Survey shall be certified to Seller, Buyer and the tide insurance company and
performed on the Property and shall show thereon the correct legal description;
acreage; location of all fences; all boundary lines; any and all ditches, rivers and
streams, easements, rights-of-way, and adjacent roadways, If any; and the location
of all viable utilities on the property and all underground utilities for which there is
visible surface evidence. The Surrey shall reflect all exceptions to title (where
-- applicable) as reflected on the title commitment and shall disclose that a physical
inspection on the Property revealed no improvements situated upon or adjacent to
the Property are the subject of any encroachments,and that no easements or rights-
tic-I/it 7fift-. From-WILL FOSTER CO MAUI Till F.N/L1 Fin
of-way have been physically violated in any respect. In the event the Items reflected
in the Survey are not in conformance with the provisions of this paragraph and
written notice of Buyer's objections is received by Seller within ten (10) calendar
days from the date of receipt of said survey by Buyer, Seller shall have a period of
' ten calendar days from the date of receipt of said notice in which to cure any such
defects. In the event such defects are not cured within said ten (10) calendar-day
period, this contract shall terminate at Buyer's option. If said written notice of
Buyers objections to the Survey is not received by Seller or if Buyer elects to waive
the objections to the Survey, the Survey shall be accepted and this contract shall
remain in full force and effect
e.) Due Diligence Contingency. The closing of this contract is contingent upon Buyer,
at Buyers sole cost and expense,conducting all necessary investigations, including
but not limited to core test drilling, which shall be completed within ninety (90)
calendar days from MEC, and investigation of Seller's mineral rights, including all
sand aggregate and gravel rights to determine the feasibility of Buyers Intended use
for sand and gravel mining. In order to keep disturbance of the existing fanning
operation to a minimum. Buyer agrees to coordinate with Seiler in establishing
access routes to drilling sites. tf Buyer is not satisfied with the results of said
Investigation and written notice thereof is received by Seller within ninety (90)
calendar days from MEC, this contract shall terminate. If said written notice is not
received by Seller within the time period specified above, this contingency shall be
waived and the ntrect shall remain in full force and effect in which event an
additional ra shall be deposited with Title Company, which shall be non-
refundable but apply against purchase price at closing.
f.) Seller's Cooperation. Seller agrees to fully cooperate with Buyer in applying for
and obtaining appropriate governmental approvals for sand and gravel operations.
All such applications and approvals shall be at the sole cost of the Buyer, and no
action shall be taken prior to dosing which will itmvoc ably obligate the Seiler or
encumber the Property,without the express consent of the Seller.
g.) Property Access. At all times after MEC, Buyer shall have the right of access to
the Property without charge to test, Inspect, and evaluate the Property as Buyer
deems appropriate. All such tests, inspections and evaluations shall be done in a
manner as to try not to damage any growing crops.
h.) Environmental Report. Buyer shall have the option to obtain, at its sole cost, an
environmental report concerning hazardous material on the Property. Buyer shall
have forty-five(45)days from MEC within which to give Seller written notice of any
objection to the condition of the Property as disclosed by such environmental report
Id Permits and Approvals Contingency. The closing of this contract is contingent
upon Buyer, at Buyers sole cost and expense, obtaining all necessary
governmental permits and approval as for mining of sand and gravel within eighteen
(18) months from the satisfaction or waiver of the Due Diligence Contingency set
forth in Section 21(e)('Due Diligence Contingency).
j.) Earnest Money Deposit Redemption. The earnest money check hereunder shall
be non-refundable.
k.) Earnest Money Nonrefundable. The earnest money check receipted for herein
and the additional earnest money deposits set forth in Section 21(e) shall apply
against the purchase price, shall be nonrefundable, and shall become the sole and
exclusive property of the Seller except in the event of Seller's failure to perform
under this contract or deliver good and merchantable title pursuant to Sections 7
and 8 hereof.
1.) Earnest Money Deposit/Interest-Bearing Account. Upon deposit of the earnest
money check and receipt of the additional earnest money deposits as set forth in
Section 21(e), said deposits shall be placed in an interest-bearing account or
2
ac-Sr- t Was Pre4IIItt FOUR CO NU$INU Tao! P.11/21 HIS
Certificate of Deposit by the Seller's Agent which shall mature prior to dosing in a
federal or state chartered bank or savings and loan institution. The accrued interest
on said earnest money deposit shall be the sole and exclusive property of the Buyer,
provided, however. (In addition to the remedies set forth in Section 20 in the event
this contract falls to close as a result of an act of the Buyer, all accrued interest shall
become the sole and exclusive property of the Seller.
m.) "As Is" Condition. Buyer is acquiring the Property in an 'as is'condition and is
relying upon the results of Buyer's own Investigation concerning the physical
condition of the Property pursuant to Section 10. Seller makes no representations
either express or implied concerning the physical condition of the Property. Buyer
acknowledges that the Seller and Phid Foster and Company have advised the Buyer
to undertake an inspection of the Property relative to the matters set forth in this
paragraph.
n.) Like-kind Exchange. Seller shall have the right, at Seller's option, to dispose of
the Property through a transaction that is structured to qualify as a like-kind
exchange of property within the meaning of Section 1031 of the Internal Revenue
Code of 1988. Buyer agrees to cooperate with Seller in effecting a qualifying We-
kind exchange through a trust, escrow or other means as determined by Seller.
Seller shall bear the additional transaction costs and all reasonable costs and
expenses Incurred by Buyer attributable to the dosing of a qualifying exchange
requested.by Seller. In no event shall any like-kind exchange contemplated by this
provision cause an extension of the date of dosing set forth herein nor shall Buyer
be required to take title to any real property other than the Property.
o.) Fax Transmittals. The Buyer and Seller agree that a facsimile transmittal of this
contract shall be considered as an originally executed document and shall be
binding upon the parties hereto. The Buyer and Seller further agree that the exact,
originally executed contract which was transmitted by facsimile shall be delivered to
the appropriate party via U.S. mail, messenger,or other acceptable delivery service
within seven(7)calendar days from the date of said facsimile transmittal.
p.) Calendar Days/Business Days.As used in this contract, the term'calendar days'
shall be deemed to mean each and every day of the calendar year. The term
'business days"shall be deemed to mean each and every day of the calendar year,
excluding Saturdays,Sundays,And Federal or Sate holidays, in the event any date
called for herein falls on a Saturday, Sunday of Federal or sate holiday, said date
shall be extended to the next business day following such Saturday, Sunday or
Federal or State holiday.
q.) MEC. As used in this contract,the tern'MEC"shall be defined as mutual execution
of this contract. -
r.) Ins understood and agreed by both parties to this transaction that Par G.
Gunderson of Phdl Foster and Company Is acting as a Transaction Broker.
-
s.) Water rights. All rights to Irrigation well located in 8E/4, Section 13 T2N, R67W of
the e'" P.M. Including pump, casing and any appurtenant parts and equipment as
well as 101 shares of the Lupton Meadows Ditch Company.
t.) During due diligence (paragraph e) and permits and approval period (paragraph 0,
Buys has the authority from seller to negotiate the location of any planned oil and
gas wells on the subject property. The buyer fully indemnifies the seller against
costs for the planned locations and agrees to pay all costs for any negotiated
relocation of said oil and gas wells.
u.) Buyer agrees to pay the farm tenant at the rate of Uper acre for any damage
done to crops during the 90 day due diligence period.
3
Oa-Ilit Mt Era- WILL POSTER Co HAM" 1-101 F.I Int F-45
Signature Page
Buyer
� Date of Signature: /O-/6-0/
Dak Water Resources LLC.
Seller.
}gyerl,.1-7eiLD Date of Signature: it/n fa/
Ootheb Heit
Seller.
Date of Signature: '&//'moo/
Anne Schmidt
Set";
Date of Signature: / !4/
El* h Weth ngton
Seiler.
,em„o.vf/k ss Date of Signature: /(/er
Leonard Heit
4
pe-I/-02 I2:16w Fa.. SHILL FOSTER CO 1031/00026 8403 P.1//21 P486
ASSIGNMENT AND ASSUltIrTION OF CONTRACT
For and in Consideration of and No/100(11101$, and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Gottlieb
Heit,Anne Schmidt, Elizabeth Wallington,and Leonard Heit(the"Sellers"and/or"Assignors"),
hereby assigns to Welt Farm, Ltd., LLP, a Colorado limited liability limited partnership (the
"Assignee") all of its right, tide, and interest in and to that certain Contract to Buy and Sell Real
Estate (Vacant Land — Farm — Ranch) dated September 28,2001 as amended (the "Contract")
between Sellers and High Plains A&M, LLC, a Nevada manager-managed limited liability
company, successor-in-interest to Dakota Water Resources, LW, a Colorado limited liability
company. Assignee hereby assumes and agrees to be bound by the terms of the Contract and
Seller's obligations thereunder.. __ . . .- --
DATED this 27— and of May 2002.
Sellers and Assignors:j 2 p
•
Gottlieb Reit Anne Schmidt
Dated: bT/Zz-lQ 7 Dated: 5/ .ji/ e ��
a ,
Wedgneon Leonard Reit
.S o Dated: izz/oi/
Assignee.Uelt Farm Ltd..LLP.a.Colorado • ..
limited liability limited pattne rship
By: //U.,
Name: !ter //--
Its:
Ose-04-12 0bS0pu Fn.. rum FOSTER CO 10980000$6 T-t01 P.16/21 F-US
•
ASSIGNMENT OF CONTRACT
For and in Consideration of and other good and
suable consideration, the receipt and sufficiency of which is hereby acknowledged, Dakota
water Resotmes, LLC, a Colorado Sited liability company ("Dakota") and/or assigns as
Buyer,hereby assigns all of its light,title,and interest in and to that certain Contract to Buy and
Sell Real Estate (Vacant Land —Farm—Ranch) dated September 28,2001 between Buyer and
Gottlieb Halt, Anne Schmidt, Elizabeth Wethington, and Leonard Heit (the "Sellers") as
amended(the"Contract"),to With Plains A&M,LLC, a Colorado limited liability company.
DATED this 1a1t'` and of May 2002.
Dakota Water Resources,LLC,a Colorado High Plains A&M,LLC,a Nevada manager-
limited liability company managed limited liability company
By: Bayou Land Co.,LLC,a Colorado
limited liability company
Its: Manager
•
r Ken Broadhurst
Its: Co-Manager
Br Mark D.
Its: Manager
Doc-04-02 02:80w Fra, FRILL FOSTER CO 8088000086 T-008 P.17/21 F-486
Qovergina Law. This Amendment shall be governed by the laws of the State of
Colorado.
SIGNATURE BLOCK
Buyer: Sellers:
High Plains A &M LLC licit Farm Ltd., LLC
j I Ls1
Date
\\A•W..%) e.zttZ,
•
•
.,Receeic:ou'iae Jul . 8. 11 :28AYnn:o•oceno Aul uu:ic7auinne lAR; t : rrnr -a :nr
Noe-04-02 02:40p. Frw FRILL FOSTER CO 1011000085 T-001 P.10/21 F-155
FOURTH AMENDMENT TO CONTRACT
This Fourth Amendment to Contract("Amendment")is made and entered into
between High Plains A&M,LLC as Buyer and Heft Farm Ltd., LLP as Seller this
day of September,2002 and amends that certain Contract dated September 28,
2001 as amended and as assigned(the"Contract relating to Lots 4, 5 and 6 in the S
of Section 13,T 2 N,R 67 W of the 6*P.M. containing 101 aces more or less(the"Real
Property").
RECITALS
A. Buyer and Seller are parties to the Contract and desire to reinstate and
amend the Contract.
B. Buyer and Seller have agreed to the terms hereof to reinstate and amend
the Contract
OPERATIVE PROVISIONS
NOW,THEREFORE,in consideration of the mutual covenants contained herein
and other good and valuable consideration,the receipt and sufficiency of which is hereby
ae4rnowledged,the parties agree as follows:
1. Stuns Due July 15,2002. The parties stipulate and agree that all stuns
which were due on July 15,2002 per the Third Amendment to the Contract are hereby
waived. •
2. Additional Earnest Money. Contemporaneously with the execution of this
Amendment,Buyer shall pay to Seller additional earnest money
deposit. This sum shall ben a except in the event of a default by Seller. This
sum shall,however.be applicable to the purchase price.
3. Contingency. Buyer's obligation to close under the Contract is expressly
contingent upon Buyer obtaining a mining permit for the property prior to November 30,
2003. Buyer.at its cost and expense,shall diligently pursue such mining pamtt. In the
event,such permit has not been obtained by November 30,2003,despite Buyer's diligent
efforts,Buyer may extend this contingency to January 31,2004 and again to March 31,
2004 by paying to Seller.each such extension. Any such payment shall be
nonrefundable and nonapplicable to the purchase price.
4.
5. Costs to Remove Oil/Gas Mineral Interests. Buyer's obligation to close
under the contract is expressly contingent upon Buyer reaching an agreement with Kerr-
-- McGee Rocky Mountain Corporation or other entity to remove any oil and gas lease or
1
Ost-I4-a 02:433 Few PNILL FOSTER CO 3033000016 T-603 P.iom F-tes
...� . .,_._.. -- - . .
Exhibit "A"
Attached to and made a part of that contract dated September 28, 2O01 between Dakota
Water Resources, LW and/or/assigns(Buyer) and Gottlieb 1loft, Anne Schmidt,
Elizabeth Wethington and Leonard Heit (Sellers), relating to the sale and purchase of the
following described real estate in Weld County, Colorado, Lots 4,5 and 6 in the S/2 of
Section 13, T2N, Rti7W of the 6th PM containing 101 acres more or less.
1) Gottlieb licit can remain living at house located on subject property for a period of
up to three years, rent free. After three years have expired, additional period of
time may be available, depending on chilling plans. Parties will negotiate at that
time.
2) Seller to convey all mineral rights to buyer including sand and gravel, but
specifically excluding all rights to oil and gas.
3) Phill Foster and Company agrees to receive theiselSoli based on the
down payment at closing and subsequent annual payments. Payments to be made
as payments are received by sailer. Balance of commission to be paid t time
buyer receives their final payment.
-- 4) Amortization schedule:
fiSnth balloon payment at end of `.1'year.
- Year Payment Interest Principal
ncipal Balance
1 assisisimmosagell• -0--0- la
lila
2 -0-
3 -0- WS
6
7 SININIMONInere MIS
8 NOMMISMINIPPS at 211511
9is
• 10 illiailinsissill Ss
11 5gal use allisi
12 11.101.11 IMPS
13
-- 14 42101.1 =1
is
Balloon Payment at end of}__1a11t, the amount oISiipabii
_ . afir.a.,p.nL I9 Jul . 8. 11 :26AN nnitaf.C£fl \N! N:3ISUH1@CS !td8i: l ZOO1 '8 ' i-1
O.r04-02 02:40Ps Fri row. FOSTER CO 3031090035 T-003 P.20/2I F-485
LVL . VV.r.• Y vr.
Signature Page
Buyer:
High Plains A&
Date of Signature: 7/0 v
M I} P
Wm*" t.gsOR
Seller:
J left Farm Ltd.. LW
Date of Signature: /o y'
Leonard JJcit
•
•
I 4 ,6
•
1
•
r • ,
4
•
4.
•
- ase.A7e.iime Jul . 8. ii :26AM nnrat00PAR. n�: NH71Sa2:Hl'IC$ fidE!: l 100: '8 ' I fir
Dec-04-02 02:40pm Frw NULL FOSTER CO 90999900116 1-909 P.21/21 F-406
other encumbrance against the Real Property. In the event Buyer agrees that sums should
be paid to remove such encumbrances,the parties shall share those costs equally up to a
maximum ems.
6. Ratification. Except as modified herein, Buyer and Seller ratify and
reinstate the Contract.
7. S,r r.Ytinp Effect. This amendment supersedes the Contract. In the
event of a conflict between the Contract and this Amendment,the terms of this
Amendment shall control.
8. Governing Law. This Amendment shall be governed by the laws of the
State of Colorado.
DATED as first set forth above.
BUYER: SELLER:
High Plains A&M, LIE Heit Farm Ltd., LLP
44.4.1)44,
By: Q�/ c
Its:
2
2003-01-30 16:32 SOUTHWESTERN EST. 303-534-6700 >> r 274 8329 P 2/2
ASSIGNMENT AND ASSUMPTION OF CONTRACT
For and in Consideration of ' and other good and
valuable umsideration, the receipt and sufficiency of which is hereby acknowledged,
1. High Plains A&M, LLC, a Nevada manager-managed limited liability company.
successor-in-interest to Dakota Water Resources, LLC ("Assignor"), hereby assigns to
SW Meadow,LLC, a Colorado limited liability company (the "Assignee") all of its right, title,
and interest in and to that certain Contract to Buy and Sell Real Estate (Vacant Land— Farm -
Ranch) dated September 28, 2001 as amended from time to time between Heit Farm Ltd., LLi',
successor-in-interest to Gottlieb licit, Anne Schmidt, Elizabeth Wethington, and Leonard Heit
(the"Contract").
2. Assignee hereby assumes and agrees to he bound by the terms of the Contract and
Buyer's obligations thereunder.
Assignor: Assignee:
High Plains A&M,LLC,a Nevada SW Meadow,LLC, a Colorado limited
manager-managed limited Stability company liability company
Name: Mark D. C hell Name: Mark D. Campbel
Its: Manager - Its: Manager -
• i
•
Dated: _. !�L .J j Dated: c72,I` i;
Hello