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Home My WebLink About20040434.tiff The Group Inc. • 2803 East Harmony Road Fort Collins, Colorado, 80528 Phone: 970-229-0700, Fax: 970-223-7887 The printed portions of this form have been approved by the Colorado Real Estate Commission. (CBS 2-9-99) THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL)(CASH AT CLOSING) Date: September 30, 2003 1. AGREEMENT. Buyer agrees to buy and the undersigned Seller agrees to sell the Property defined below on the terms and conditions set north in this contract. 2. DEFINED TERMS. a. Buyer. Buyer, Douglas Young And / Or Assigns will take title to the real property described below as ❑Joint Tenants O Tenants In Common ®Other TBD b. Property. The Property is the following legally described real estate: PTSW4 10-7-66 LOT A REC EXEMPT RE-902 (.18R) SITUS: 15415 14 HWY WELD 00000 in the County of WELD ,Colorado,commonly known as No. 15415 A HIGHWAY 14, AULT, COLORADO 80610 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 a 5a Loan Application Deadline n/a Sb Loan Commitment Deadline n/a 3 § 5c Buyer's Credit Information Deadline n/a 4 § Sc Disapproval of Buyer's Credit Deadline n/a 5 §5d Existing Loan Documents Deadline n/a () § Sd Objection to Existing Loan Deadline n/a 7 § 5d Approval of Loan Transfer Deadline n/a 8 §6a Appraisal Deadline n/a 1 * 7a Title Deadline October 17, 2003 10 §7a Survey Deadline n/a l 1 §7b Document Request Deadline October 17, 2003 12 §8a Title Objection Deadline October 24, 2003 1; 8!� Oft-Record Matteis Deadline _ October 17, 2003 14 §8b Off-Record Matters Objection Deadline October 24, 2003 I5 § 10 Seller's Property Disclosure Deadline October 17, 2003 16 § 10a Inspection Objection Deadline November 14, 2003 17 § tub Resolution Deadline une November 21, 2003 l:t § 11 Closing Date November 28, 2003 19 § 16 Possession Date November 28, 2003 ?U * 1(1 Possession Time UPON CLOSING 21 § 28 Acceptance Deadline Date October 02, 2003 22 §28 Acceptance Deadline Time 6:00 PM n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a d. Attachments. The following exhibits,attachments and addenda are a part of this contract: I ARED BY AGENT:Jared R.Goodman,Broker Associate/Partner CBS 2-9-99,Contract to Buy and Sell Real Estate(Commercial),6/3199.Colorado Real Estate Commission ReaIFA$T®Software,©2003,Version 6.11.Licensed to Sharianne Daily,The Group Inc. Buyer(s) 09130/0312:03:46 Seller(s) Page 1 of 6 2004-0434 ADDITIONAL PROVISIONS CLOSING INSTRUCTIONS e. Applicability of Terms. A check or similar mark in a box means that such provision is applicable_ The abbreviation "N/A" means applicable. INCLUSIONS AND EXCLUSIONS. a. The Purchase Price includes the following items(Inclusions): (1) Fixtures. If attached to the Property on the date of this contract, lighting, heating, plumbing, ventilating, and air conditioning tixw cs, inside telephone wiring and connecting blocks/jacks,plants,minors, floor coverings, intercom systems,sprinkler systems and controls,and n/a (2) Other Inclusions. If on the Property whether attached or not on the date of this contract: storm windows,storm doors,window and porch shades,awnings,blinds, seeens,window coverings,curtain rods,drapery rods, storage sheds,and all keys. Check box if included: El Smoke/Fire Detectors, ❑Security Systems; and n/a (3) Trade Fixtures. With respect to trade fixtures, Seller and Buyer agree as follows: n/a b. Instruments of Transfer. The Inclusions are to be conveyed at Closing free and clear of all taxes,liens and encumbrances,except as provided in§ 12_ Conveyance shall be by bill of sale or other applicable legal instrument(s). c. Exclusions. The following attached fixtures are excluded from this sale: n/a 4. PURCHASE PRICE AND TERMS. The Purchase Price set forth below shall be payable in U.S.Dollars by Buyer as follows: Item No. Reference Item Amount Amount §4 Purchase Price $ 4u Earnest Monet $ 4b New Loan n/a .( §4c Assumption Balance n/a 3 §4d Seller or Private Financing n/a b §4e Cash at Closing 7 TOTAL $ $ a. Earnest Money.The Earnest Money set forth in this Section,in the form of PERSONAL CHECK ,is part payment of the chase Price and shall be payable to and held by THE GROUP, INC ,in its trust account,on behalf 01 both Seller and Buyer.The parties authorize delivery of the Earnest Money deposit to the Closing Company,if any,at or before Closing. b. New Loan. [Omitted-Not Applicable] c. Assumption. [Omitted-Not Applicable] d. Seller or Private Financing. [Omitted-Not Applicable] e. Cash at Closingg. All amounts paid by Buyer at Closing including Cash at Closing, plus Buyer's closing costs, shall be in funds which comply with all applicable Colorado laws, which include cash,electronic transfer funds, certified check, savings and loan teller's check and cashier's check(Good Funds)_ i. FINANCINGCONDITIONS AND OBLIGATIONS. a. Loan Application. [Omitted -Not Applicable] b. Loan Commitment. [Omitted -Not Applicable] c. Credit Information. [Omitted-Not Applicable] d. Existing Loan Review. [Omitted-Not Applicable] 6. APPRAISAL PROVISIONS. a. Appraisal Condition. This subsection a. ❑ Shall ® Shall Not apply. Hu]et-shall have the sole option and election to terminate this contract if the Purchase Price exceeds the Property's valuation determined he an appraiser engaged by BUYER . The contract shall terminate by Buyer giving Seller written notice of termination and either a copy of such appraisal or written notice from lender which confirms the Property's valuation is less than the Purchase Price, received On or betbre the Appraisal Deadline (§ 2c). If Seller does not receive such written notice of termination on or before the Appraisal Deadline (§2c),Buyer waives any right to terminate under this subsection. b. Cost of Appraisal Cost of any appraisal to be obtained after the date of this contract shall be timely paid by ®Buyer 0 Seller. 7. EVIDENCE OF TITLE. a. Evidence of Title; Survey. 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 in an amount equal to the Purchase Prig or if this box is checked, ®An Abstract of title Ccrtltied to a current date. If a title insurance commitment is furnished, it ®Shall 0 Shall Not commit to delete or insure over the standard exceptions which relate to: (I) parties in possession, (2) unrecorded easements, (3) survey matters, F. .-1ARED BY AGENT:Jared R.Goodman,Broker Associate/Partner CBS 2-9-99,Contract to Buy and Sell Real Estate(Commercial),6/3/99.Colorado Real Estate Commission RealFASTe Software,©2003,Version 6.11,Licensed to Sharianne Daily,The Group Inc. 09/30/03 12:03:46 Page 2 of 6 Buyer(s) Seller(s) (4) any unrecorded mechanics liens, (5) gap period(effective date of commitment to date deed is recorded),and (6) unpaid taxes,assessments and unredeemed tax sales prior to the year of Closing. Any additional premium expense to obtain this additional coverage shall be paid by ® Buyer ❑ Seller. An amount not to exceed $, So o for the cost of any improvement location certificate or survey shall be paid by ❑Buyer 0 Seller. If the cost exceeds mount, BUYER shall pay the excess on or before Closing. The improvement location certificate or survey shall be received bs duver on or before Survey Deadline (§2c). Seller shall cause the title insurance policy to be delivered to Buyer as soon as practicable at or after Closing. b. Copies of Exceptions. On or before Title Deadline (§ 2c), Seller,at Seller's expense,shall furnish to Buyer,(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 ® Copies of any Other Documents (or, if illegible, summaries of such documents) listed 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 the Document Request Deadline (§ 2c). This requirement shall pertain only to documents as shown of record in the office of the clerk and recorder(s). The abstract or title insurance commitment,together with any copies or summaries of such documents furnished pursuant to this Section,constitute the title documents(Title Documents). 8. TITLE. a. Title Review. Buyer shall have the right to inspect the Title Documents. Written notice by Buyer of unmerchantability of title or of any other unsatisfactory title condition shown by the Title Documents 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 Title Document(s) or endorsement(s) adding new Exception(s)to the title commitment together with a copy of the Title Document adding new Exception(s) to title. If Seller does not receive Buyer's notice by the date(s)specified above,Buyer accepts the condition of title as disclosed by the Title Documents as satisfactory. b. Matters not Shown by the Public Records. Seller shall deliver to Buyer, on or before Off-Record Matters Deadline (§ 2c)true copies of all lease(s) and survey(s) in Seller's possession pertaining to the Property and shall disclose to Buyer all easements, liens or other title matters 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(ies)has any right in the Property not shown by the public records(such as an unrecorded easement,unrecorded lease,or boundary line discrepancy). Written notice of any unsatisfactory condition(s)disclosed by Seller or revealed by such inspection 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, it any,of third parties of which Buyer has actual knowledge. c. 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 9$LIGATION INDEBTEDNESS OF SUCH DISTRICTS, EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH EBTEDNESS,AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES In the event the Property is located within a special taxing 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 taxing district(s)and waives the right to so terminate. d. Right to Cure. If Seller receives notice of unmerchantability of title or any other unsatisfactory title condition(s)or commitment terms as provided in § 8 a or b above, Seller shall use reasonable effort to correct said items and bear any nominal expense to correct the same prior to Closing. If such unsatisfactory title condition(s) are not corrected on or before Closing,this contract shall then terminate; provided,however,Buyer may,by written notice received by Seller,on or before Closing,waive objection to such items. e. Title 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 govemnental 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,WHICHINTERESTSMAY GIVE THEM RIGHTS TO ENTER AND USE THE PROPERTY. Suchmatters 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 [§2c] and Off-Record Matters Objection Deadline [§2c1). 9. LEAD-BASED PAINT. Unless exempt, if the improvements on the Property include one or more residential dwelling(s) for which a building permit was issued prior to January 1, 1978, this contract shall be void unless a completed Lead-Based Paint Disclosure (Sales) form is signed by Seller and the required real estate licensee(s),which must occur prior to the parties signing this contract. 18. PROPERTY DISCLOSURE AND INSPECTION. On or before Seller's Property Disclosure Deadline(§2c),Seller agrees to provide Buyer with a written disclosure of adverse matters regarding the Property completed by Seller to the best of Seller's current actual knowledge. a. Inspection Objection Deadline. Buyer shall have the right to have inspection(s) 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 Seller on or before Inspection Objection Deadline (§ 2c), the physical condition of the Property and Pt .RED BY AGENT:Jared R.Goodman,Broker Associate f Partner CBS 2-9-99,Contract to Buy and Sell Real Estate(Commercial),6/3/99.Colorado Real Estate Commission RealFA$T®Software,O2003,Version 6.11.Licensed to Sharianne Daily,The Group Inc. Page 3 of 6 Buyer(s) 09/30103 12:03:46 Seller(s) Incisions shall be deemed to be satisfactory to Buyer. b. Resolution Deadline. If a Notice to Coned is received by Seller and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Resolution Deadline (§ 2c), this contract shall terminate one calendar day following the Resolution Deadline (§ 2c), unless before such termination Seller receives Buyer's written withdrawal of the Notice to Coned c. Damage;Liens; Indemnity. Buyer is responsible for payment for all inspections,surveys,engineering reports or for any other work med 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 ix...at claims or liens of any kind 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 entbrce this subsection, including Seller's reasonable attorney fees. The provisions of this subsection shall survive the termination of this contract. 11. CLOSING. Delivery of deed(s)from Seller to Buyer shall be at Closing(Closing). Closing shall be on the date specified as the Closing Date (§2c)or by mutual agreement at an earlier date. The hour and place of Closing shall be as designated by BUYER AND SELLER MUTUALLY 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 governmental liens for special improvements installed as of the date of Buyer's signature hereon, whether assessed or not. 'Fide 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[Title Review], h. distribution utility easements, 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 d. inclusion of the Property within any special taxing district,and e. the benefits and burdens of any declaration and party wall agreements,if any,and f other n/a 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 ®One-Half by Buyer and One-Hatf by Seller 0 Buyer 0 Seller 0 Other n/a The local transfer tax of n/a %of the Purchase Price shall be paid at Closing by 0 Buyer 0 Seller. Any sales and use tax that may accrue because of this transaction shall be paid when due by 0 Buyer 0 Seller. 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 0 The Taxes for the Calendar Year Immediately Preceding Closing ®The Most Recent Mill Levy and Most Recent Assessment ❑Other n/a b. Rents. Rents based on 0 Rents Actually Received 0 Accrued. Security deposits held by Seller shall be credited to Buyer. Seller shall assign all leases to Buyer and Buyer stall assume such leases, n/a c. Other Prorations. Water,sewer charges;and interest on continuing loan(s),if any;and ANY OTHER NORMALLY PRORATED ITEMS • d. Final Settlement. Unless otherwise agreed in writing,these proration shall be final. 16. POSSESSION.Possession of the Property shall be delivered to Buyer on Possession Date andPossession Time (§2c), subject to the following leases)or tenancy(s): n/a If Seller, after Closing, fails to deliver possession as specified, Seller shall be subject to eviction and shall be additionally liable to Buyer for payment of$ 150 per day from the Possession Date(§2c)until possession is delivered. 17. NOT ASSIGNABLE. This contract shall et\be assignable by Buyer without Seller's 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. CONDITION OF,AND DAMAGE TO PROPERTY AND INCLUSIONS. Except as otherwise provided in this contact,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 written notice of termination. Should Buyer elect to carry out this contract 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; Services. Should any Inclusion(s)or service(s)(including systems and components of the Property,e.g.heating, plumbing, etc)fail 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(s) or service(s)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{s), service(s)or fixture(s) is not the responsibility of the owners'association, if any, PR. ..,RED BY AGENT:Jared R.Goodman,Broker Associate I Partner CBS 2-9-99,Contract to Buy and Sell Real Estate(Commercial),6/3/99.Colorado Real Estate Commission ReaIFA$TE,Software,©2003,Version 6.11.Licensed to Sharianne Daily,The Group Inc. 09/30/03 12:03:46 Page 4 of 6 Buyer(s) Seller(s) less any insurance proceeds received by Buyer covering such repair or replacement c. Walk-Through; Verification of Condition. Buyer, upon reasonable notice,shall have the right to walk through the Property prior to Closing to vents'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 Selling many or the listing Company has advised that this document has important legal consequences and has recommended the examination of title :onsultation with legal and tax or other counsel before signing this contract. _... TIME OF ESSENCE 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: a. If Buyer 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 he forfeited and retained on behalf of Seller, and Seller may recover such damages as may be proper, or Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to specific performance or damages,or both. ® (2) Liquidated Damages. All payments and things of value received hereunder shall 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 SELLERS 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 perfonmmce 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 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 parties 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 30 calendar days from the date written notice requesting mediation is sent by one party to the other(s). This Section shall not alter any date in this contract,unless otherwise agreed. 22. EARNEST MONEY DISPUTE. Notwithstanding any termination of this contract, Buyer and Seller agree that, in the event of any controversy regarding the Earnest Money and things of value held by broker or Closing Company (unless mutual written instructions are received by the holder of the Earnest Money and things of value), broker or Closing Company shall not be requital to take any action but may await any proceeding, or at broker's or Closing Company's option and sole discretion,may interplead all parties and deposit any moneys or things of value into a court of competent jurisdiction and shall recover court costs and reasonable attorney fees. 23. TERMINATION. In the event this contract is tenninated,all payments and things of value received hereunder shall be returned and the ?stares shall be relieved of all obligations hereunder,subject to§ § I 0c,21 and 22. ADDITIONAL PROVISIONS. (The language of these additional provisions has not been approved by the Colorado Real Estate Lommission.) SEE ATTACHED ADDITIONAL PROVISIONS 25. ENTIRE AGREEMENT;SUBSEQUENT MODIFICATION; SURVIVAL. This contract 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 which,by its terms,is intended to be performed after termination or Closing shall survive the same. 26. FACSIMILE. Signatures ®May O May Not be evidenced by facsimile.Documents with original signatures shall be provided to the other party at Closing,or earlier upon request of any party. 27. NOTICE. Except for the notice requesting mediation described in§ 21,any notice to Buyer shall be effective when received by Buyer or by Selling Company and any notice to Seller shall be effective when received by Seller or Listing Company. 28. 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§ 27 on or before Acceptance Deadline Date 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 parties. BUYER DATE Douglas Young And / Or Assigns [NOTE: If this offer is being countered or rejected, do not sign this document. Refer to § 29] Pi ABED BY AGENT:Jared R.Goodman,Broker Associate I Partner CBS 2-9-99,Contract to Buy and Sell Real Estate(Commercial),613/99.Colorado Real Estate Commission RealFA$T®Software,©2003,Version 6.11.Licensed to Sharianne Daily,The Group inc. 09/30/03 12:03:46 Page 6 of 6 Seller(s) SELLER DATE • Robert Felte SELLER DATE Timothy Felte 29. COUNTER;REJECTION.This offer is 0 Countered 0 Rejected. Initials only of party-(Buyer or Seller)who countered or rejected otter END OF CONTRACT Note: Closing Instructions should be signed on or before Title Deadline. BROKERACKNOWLEDGMENTS. The undersigned Broker(s) acknowledges receipt of the Earnest Money deposit specified in § 4 and,while not a party to the contract,agrees to cooperate upon request with any mediation conducted under§21. Selling Company Brokerage Relationship. The Selling Company and its licensees have been engaged in this transaction as 0 Buyer Agent ❑Seller Agent/Subagent 0 Dual Agent ®Transaction-Broker. Listing Company Brokerage Relationship. The Listing Company and its licensees have been engaged in this transaction as ❑Seller Agent ❑Dual Agent ®Transaction-Broker. BROKERS'COMPENSATION DISCLOSURE. Selling Company's compensation or commission is to be paid by: ❑Buyer 0 Seller ❑Listing Company ❑Other n/a • be completed by Listing Company) Listing Company's compensation or commission is to be paid by ❑Buyer ®Seller 0 Other Selling Company: The Group Inc. 2803 East Harmony Road Fort Collins, Colorado, 80528 Phone: 970-229-0700, Fax: 970-223-7887 By: Signature Jared R. Goodman Date Listing Company: THE GROUP, INC. (Name of Company) By: Signature JARED R. GOODMAN Date Listing Company's Address: 2803 E. HARMONY ROAD listing Company's Telephone No: 970-229-0700 Listing Company's Fax No: 970-282-9161 PI.. ARED BY AGENT:Jared R.Goodman,Broker Associate f Partner CBS 2-9-99,Contract to Buy and Sell Real Estate(Commercial),6/3/99.Colorado Real Estate Commission RealFA$Tie Software,©2003,Version 6.11.Licensed to Sharianne Daily,The Group Inc. Buyer(s) 09/30/03 12:03:46 Page 6 of 6 ADDITIONAL PROVISIONS attached to and made a part of the Commercial Contract to Buy and Sell Real Estate dated September 30, 2003, by and between Robert Felte and Timothy Felte(Seller)and Douglas Young(Buyer). Additional Provisions—Paragraph 24 (Page 1 of 2): A. Prior to October 17, 2003 - Seller shall provide Buyer with the following information on the Property, if it is in Seller's possession: 1. Copies of surveys, site plans,plats and other related drawings; 2. Environmental site assessments, studies or inspections; 3. Soil reports,tests, studies, and other documents concerning soil conditions; 4. Drainage, flood and engineering reports; 5. Current documents relating to ingress/egress, easements and restrictions; 6. Reports regarding utilities, infrastructure and/or related issues; 7. Existing and proposed building plans; C. Buyer shall have until November 14, 2003 to seek approval from Weld County for the Buyer's use of the Property. If Buyer does not gain approval for Buyer's use on or before November 14, 2003, this Contract shall terminate and all earnest money shall be refunded to Buyer. E. Buyer shall, at Buyer's sole cost and expense, inspect the Property and make such other investigations regarding the Property as Buyer deems appropriate. F. In the event Buyers do not close this transaction, all work papers generated by Buyer and in Buyer's possession, including, but not limited to, appraisal, survey, Phase I Environmental report, etc., will be provided to Seller within five (5) days of Contract termination. G. Buyer agrees to cooperate with Seller, at no cost or liability to Buyer, to facilitate a 1031 Tax-Deferred Exchange for the Seller's benefit. The Seller's rights and obligations under this Contract may be assigned to an intermediary of the Seller's choice for the purpose of completing such exchange. H. Seller agrees to cooperate with Buyer, at no cost or liability to Seller, to facilitate a 1031 Tax-Deferred Exchange for the Buyer's benefit. The Buyer's rights and obligations under this Contract may be assigned to an intermediary of the Buyer's choice for the purpose of completing such exchange. t, [,, -u-rla 0101 IChLllld l I.i!i.L. .'DM lit Vl. ITS)A I IUN.S-RI C UN I I<.A( I -I dltc-1 uumi.dt,c Additional Provisions—Paragraph 24 (Page 2 of 2): I. Seller's execution hereof, Buyer and his agents or employees may enter upon the Property for the purposes of making engineering studies, soils tests, obtaining topographical information and obtaining water or dam information, or such other studies as Buyer deems necessary. Buyer hereby agrees to hold Seller harmless from any mechanic's liens, property damage and personal injuries which might be filed against the Property by reason of the performance of any of the acts herein mentioned, and to hold harmless and indemnify Seller against any claims brought against Seller or the Property as a result of any act, pursuant to this paragraph, or Buyer, its agents, employees or invitees affecting the Property. Buyer shall repair and restore the Property to the Property's condition before Buyer's inspection or, if Buyer fails to so repair and restore the Property to Seller's reasonable satisfaction, to pay to Seller upon demand any costs incurred by Seller in repairing and restoring the Property. J. Real Estate Broker Disclosure. Buyer and Seller acknowledge that Jared R. Goodman of The Group, Inc. is a Transaction Broker. i`. RL� I.crvr CuwIdLL du�I t I;IIHt` AI)I>I Ill \I I'kt(1A ISI(1NS-RI ( (IN IH VC I -Iiha- 1 uu t du, d et o'clock —M.on Book Page 5(2 m No. Recorder -`WattatZvrk&- 0.fl'n"'w&�Ol, c G THIS DEED is a conveyance of the real property described below.including any improvements and other yappurtenances e "property")Iron,tM individual(s).CUrporatton(s).padnwahip(s),or other entlty(ies)named below as GRANTOR to the indlvldUm(a) • or entitylies)named below as GRANTEE. The GRANTOR hereby sells and conveys the properly to the GRANTEE and the GRANTOR warrants the title to the property. except for(I)the lien of the general properly taxes for the year of this deed,which the GRANTEE will pay(2)any easements and rights-of-way shown of record(3)any paten)reservations and exceptions(4)any outstanding mineral inn Is shown or record(s) any protective covenants and restrictions shown of record,end(6)any additional matters shown below under"Additional Warranty Exceptions". The Specific Terms o1 This Deed Are: Grantor (Give namntsl and placate)01 residence;If the spouse of the ownayrantor is pining in this Deed to mina homesteadti tights. grantors as husband and wire) gh identity Stanley E. Heinze and Louie S. Fabrizius c/o Stanley E. Heinze, 13497 Weld County Road 80 Ault, Colorado 80610 Grantee: Give name(s)and eddressleeli a'Nemenl of address.including meltable road Or sliest number,is required.) Robert A. Felte and Timothy R. Felte c/o Robert A. Felte 903 Conifer Court CO o #15 0 Form of co-uwn�rebl , if there a Iwo or more tees named,they D I gran be considered th s ceo Isobel tenants b common unless Me words'infont tenancy"or words of the asnN mooning are added b the space bbwJ Tenants in common, each as to an undivided one—half interest. Property Description: [Include County and state.I Lot A of Recorded Exemption No. 0702-10-3-RE902 recorded September 3, 1986 in Book 1126 as Reception No. 02067980, being a part of the Southwest Quarter of Section 10, Township 7 North, Range 66 West of the 6th P.M., • County of Weld, State of Colorado. 11111111111111111 IIIII 111111 IIIII IIIII III IIIII IIII IIII 2871512 02/04/1900 02:39P Weld County CO 1 of 1 R 0.00 D 22.90 JR Suitt Taukamoto AProperty Address: 15415 Colorado Highway 14, Ault, Colorado 80610 Consideration: (The nelamenl of a dons amount is optional adequate consideration for this lord win be presumed unless this Conveyance Is identified as a gilt.in any case Ibis conveyance is absolute,Imal and uncoadmbnw.) Reservauona-Restrictions: (lnhe GRANTOR intends to reserve any interest in Me propene or to conveylass man ire owm.dr if me GRANTOR le restricting the GRANTEE'S right in the properly.make appropriate NMicalnon.) O 00 0 Additlonal-Warranty-Exceptions, pn0ude-deeds-of+,msaan -assumed-and-epthannti rr-nottove,edabove.)- N C Feb 2 99 Ecuted by 1M Grantor on ig n agnehee Chews ha Corporation.Partnership or Association: Signature C so for kNMdueJ(e): Name of Grantor: Corperellon,Partnership or Association Stay) , Heinze Grantor sr S t vie S. Faidrizi Grantor 9y Attest' ;,/ grantor COUNSTATETY ) it 1/ ni 1 COUNTY OF WELD / _ � The loregarq instrument was ackna•Wsgse before me this .. . dry Of Xnl{J,Ili 1999 By•Stanley E. Heinze and Louie S. Fabrizius. //�� i, I WITNESSag MM an tfid ass. /Jl QM I // Il l 11 ( ' {yyn MycpmMWaneaa pelt-u/ sVl-N�,V�f�' 1 IWI/VIU��IIVII/�NN� Melon Public STATE OF ' Bt. COUNTY COUNTY OF „ewe, The foregoing instrument was acknowledged aloe ma this day W .IS err" I•name ndnmual Granter's)a If Grantor le Corporation.Partnership or Association,men identify erowus president or president end secretary or eseinant secretary of coroonlion.or as partner)of partnership;ores authorized memberle)of association.) WITNESS my hand end ofilc lel seat. My commission rifles: Nolan PuMb • SKLD WW 10 . 199. 51 . 64 WE 2671512-1999. 001 M0.201 uomoss.t tee J J r CERTIFICATE OF CONVEYANCES WELD COUNTY DEPARTMENT OF PLANNING SERVICES STATE OF COLORADO) COUNTY OF WELD ) Order No. 70108 The WELD COUNTY TITLE 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 A of Recorded Exemption No. 0702-10-3-RE902 recorded September 3 , 1986 in Book 1126 as Reception No. 2067980, being a part of the Southwest Quarter of Section 10 , Township 7 North, Range 66 West of the 6th P.M. , Weld County, Colorado. CONVEYANCES (If none appear, so state) : Book 623 Reception No. 1545100 Book 756 Reception No. 1678329 Book 886 Reception No. 1807997 Book 924 Reception No. 1846048 Book 924 Reception No. 1846049 Book 1032 Reception No. 1969479 Book 1032 Reception No. 1969481 Book 1032 Reception No. 1969485 Book 1032 Reception No. 1969486 Book 1318 Reception No. 2270398 Book 1318 Reception No. 2270399 Book 1392 Reception No. 2341795 Book 1392 Reception No. 2341796 Book 1407 Reception No. 2356122 Book N/A Reception No. 2605701 Book N/A Reception No. 2671512 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 WELD COUNTY TITLE COMPANY is hereby limited to the fee paid for this Certificate . In Witness Whereof, WELD COUNTY TITLE COMPANY has caused this Certificate to be signed by its proper officer this 26TH day of September, 2003 at 7 : 00 A.M. WEL COUNTY TITLE COMPANY By: ��S1 ut ized Signatory r J �,�,,� '� -- _ 444 4. 10'"s -44 ilia1E s nom\ en e noir 623 y �j APR :, 1970 Rem ,et- o'clock......M.. . 1.... Reception No 1545100 r / ANN srmin, Recorder. 3Cnsw all Mtn lig Cheer presents, That I ARVEL B. STEWART 1 whose nddrea Is as County of.. Weld and State of Colorado .. _.for the , consideration of other valuable consideration and TEN ,' -1 ........ .. .. = 4444.Dollars,I ..n N THE FIRST NATIONAL BANK OF GREELEY, _ in hand paid,hereby eeil(e)and convey(s)to - -" vshnsexNSa�resc. COLORADO, a National Banking Association, as Trustee, \\ . -- o atua'obEX satt¢La Stt lY __.._ _.._.. ..__.the \ 0 __ .._. following red property Iv the County of . Weld and State of Colorado, to-wit: cn Rt IOUR(➢I%N%IOXIMPUHUICGOIF/,'2QXk10CC M7GIG<XXXV.AXx the Southwest Quarter - i (SW 1/4) of Section Ten (10), Township Seven (7) North, Range Sixty- - six (66) West of the 6th P.M., and that part of the Southeast Quarter a. " (SE 1/4) of Section Nine (9), Township Seven (7) North, Range Sixty- six (66) West of the 6th P.M., lying and being South of that certain .' line, said line being more particularly described as follows: beginnirj{; at a point 978.8 feet North of the Southeast corner of said Section Nine (9), thence West 30 feet, thence North 64°14' '.lest 1012.2 feet, II thence South 88°16' West 1734 feet, more or less, to the West line or . side of said Southeast Quarter (SE 1/4) of said Section Nine (9). I TOGET:IEH with two and one-half shares of the capital stock of The I _ , Water Supply and Storage Company and two and one-half shares of Lhe - . capital stock of The Mead Lateral Company, and Stewart Wells Nos. 1 and 2 as adjudicated in Water District No. 3. o CO,,si('erotion Less then ill'O.ne. l . with all Its appurtenance and warrant(s)the title to the same,RlbialddOx.. 4444.4444 . ._ . ... .. . 4444__. .. _.4444 . .. .1 - ._. _ Signed this i:� Y day of "� ' '� .A D 19.7 0.. 1111 _.. _ In the Presence of l_ .: L.1 i..,. 1 ',L:( .. _.. .._ STATUTORY ACKNOWLEDGMENT ._ .. _- .. '1 .0 ') STATE OF COLORADO, a• • County of 71e ld se' The foregoing instrument was admowledged before me Ods _ l 1_, r day of- � , . ,i9_Z O :'. ,: , y .M.ve.l..i.h..Ste.mart, g t1 D J Witnea my hand and officV4,sed. ..•I. My commledon expire /( ' _. fr ,parr RN Notary Public. -. •v.nmea.6meaeo:.4pr..66un..eep.nw,m.Err p.a,.6Ra el,.orcmro:r amr.nom nw' 11___ ( FORM..s REV.1564 WARRANTY oa.o--eT......d room. 'wedeln...pc neon,.— I C� I III AS M W Recorded r i o'clock ,.1 JA. lhiMM 7 197 -occ" 756 , 16'78329 , ,, C� a,.„<, , ,,.male WARRANTY DEED : KNOW ALL HEN BY .TI1ESE P'RESLNTS, That We, THE FIRST NATIONAL BANK OF ' ' GREELEY, COLORADO, National Banking �' q a Association, as Trustee, ARVEL 'o .> r ? - I STEWART, Jr. , GLADYS S. PAGE, DENNIS C. EHN and DEAN S. NUN, whose address -.4 4i) I is c/o 1025 9th Avenue, City of Greeley, County of Weld and State of _ a Colorado for the consideration of other valuable considerations and - b* TEN and A0/100 Dollars, - kl in hand paid, hereby sells and conveys to KENNETH C. FACE!'.:3F G and "- r, 14YRU1 K. r,uE , E'RG in joint tc•rancy A Co whose address is Town of Ault, County or 'Ie.ld, and the State of Colorado ptr' ;,--) the following real property in the County oC Weld and State of Colorado, ` ,-, to-wit: ' The Southwest Quarter (SWl/4) of Section Ten (10), Township �,� Seven (7) North, Fange Sixty-six (66) West of the 6th P.M. , Weld County, Colorado, cbnsisting of 156 assessed acres, to- �O ' � �f. ri nether with One and One-half (1-1/2; shares of the capital -� ' o stock of The Water Supply and Storage Company; Two and One- ,--' 1 4. half (2-1/2) snares of the capital stock of The Mead Lateral 14 Company, the Stewart Wells numbers One (1) and Two (2) as , _' I adjudicated in Water District No. 3 and Stewart Well number r 7315-F; and together with right of way for lateral ditch located l I along the South line of that part of the Southeast Quarter (SE1/4) ' of Section Nine (9), Township Sever. (7) North, Range Sixty-six ! - (66) West of the 6th P.M. , serving a 17 acre more or less parcel -, on above subject property. Purchaser shall share One-fifth (1/5) I ' --- -- of the maintenance cost on the lateral ditch with owner of Part t ,. . j of Soutn Half (S1/2) of Southeast Quarter (SE1/v) of Section Nine Township Seven (7) North, Range Sixty—six (66) '.Jest of the i 9), Py 6th P.M. , paying Four—fifths ('1/5) of such costs. ^ -. RESERVING TO SELLERS an undivided one-half interest in all oil, �� . and further reserving to Sellers an un- �,�I. �,�, gas and other minerals, - divided one-half interest of all lease rentals and bonuses, but giving to Purchaser the full right and y to negotiate_ � Uut'norit, and - p6LL',(,�/nT,er into oil, gas and other y, mineral leases, covering the entire 3 , '0� .1' t{d eral i.^.teresta.Subject to the lin of n wortrnre to the Feder ci L.�.nd Bunk of .S9+ _ ''''0\'. :/ .T:'h-. in the xm our.t s $154,000.00. ', a ' r Ja11 t pbhAp g (rites appurtenances and warrant( - ) the title to the same, sui.ljoc`. 1 _ c:�a.eacerbents existing or of record and ri--h.,s of way for roads, and 1),o i.,4:, --- 1 *^sus payable in 1976. ,4': - Sicned this ;�� 5(day of �' Cc ,r( .,. , 1975. i J; THE FIRST NATIONAL BANK OF GREELEY, A'1",YE8 : y COLORADO-) .Trustee = 1 .1 l /. ,z -_�,.�^6asiiier BY ;.ti - ,Y % << _aFu�,-4✓ OCiicer 2F' ci Arvel B.Stewar Jr. 7 Gladys S. Pag? Dennis C. Enn Dean S. n1 STATE CS COLORADO ) ..+',n1e7. . -- COUNTY CF .+ELD ` SS. u' The foregoing instrument was acknowledged br fore me this 3/ ,ka4,;,, of D&eecifiei: , 1`175, by THE FIRST NPFTQA SANK OF GE!ELEY, �1r1+DO, ocr 'Trustee GLADYS S. PAGE and ARVc.L B. STEWART, Jr and each of "' *�}'v� , , , bJl�i . Witness my hand and official seal. . .r;•. • �. My commission expires Ab c,n ._.:1 - : 25, i9 •,.c�iril•.0 .L �2 ' • ' -1);�/ ��'.��.�j i Side Documentary Fee I Notary Pub llic JAN 7 .76 i • :I . '‘'.,.r. 5.a , ....;c-c. .. _ __ • I ;�,� 1678329 ;. 756 STATE OF rn aZ4 c.‘+.c 1.rt5 ) .i I COUNTY OF Nl,wLr S(:X ) SS. The foregoing instrument was acknowledged before me this S ' I\ day '.� of 5c p-h-( b [_ , 1975, by DENNIS 0. EIIN. - I Witness my nand and official seal. .—_-�I My commission expires RI.Ca.,rft-- 7, 1 (;�C'i I :Notary ia}p1jc��', ' STATE OF l-(.7un"am"U ) .�i )COUNTY OF 4.,.ar ss. .1ne foregoinm Instrument was acknowledged before me this /10`-tday I of J0-7 _, 1975 by DEAN S. FM]. Witness my nand and official seal. Illy commission expires C-/3- ql -' ' a _ . A.9 /J r yclAcce C.t, 9. Cie OdLs i .a Notap IPybhc { • E • i i , • I __ 1 i , I Z 1 u, r tr. Q}��. ' `3 • , •-• ,... - ...-,.. --- -- uq c_\.,>, iel IC��2 0 r z , \ ( \ u CO itl �) C ‘� reDS a Iv a it n or; tit( a . v � .„ vi p u ...:�, . ......• _._ _._ .. a�s?. ,i :—�. `yf,r#' ^_'—.- ._._rte-- �z_.__' -,_ ._ a . It tr 414 , r t y •,it y a ' t ,t e:-hr e 1{b C elp k ^•1 j 2 1 ) t F ''I.:.. n ‘---.. /..4: . } 4a.y•' g t ',`"—L r .45, i.0 f / ,c �t4 t' YTtl 1 a t,,, ,y • r ,t ..e�i P .,,, • :f '"h x ' ', ,,j 4 •r.+`1.<r',, ,{i '� �, J '' s ,:. '�",d'. ec,c'ei�F s °i _ r ^'r.t�.. •m ' 1� d : w +9A..'tr^"2fru 4-i ,r ic, r� C-, r r 0` r !1 ,r ._ �+��t, t ,; 4 r •`a • 2f. ;>'�•_ r�n#v,. get.A.:_t�'.'i` _,:?•.��s', ,°4c. . `�u3 i. m 3o "•�: 0.i1:-.4,1,2,..-,-":`TA •'6} i g` L ,z±-fr3k 3p _.�Co Recorded at__....� _.o'clock �r'J \ ., Q {�-..•1y,--"114n-L_+1.�_.1.7/�.__ ( 886 1 ..,. 180799'7 M2 J a�ti: Weld County C _ . -. . - Recorder. �7 .,•. Y•''`l MYRNA KAY FAGERBERG U z.3,7'. whose address is County of-----Weld ,and State of ---Colorado---- , for the consideration of other good and a • 9 valuable consideration and Ten- Dollars,in hand paid. _;^4;.° ,•..x. hereby sell(s)and quit claim(s)to ---KENNETH a 7 C. FAGERHERG : o whose address is 15415 State Highway 14 - Ault, CO 80610 '; County of Weld- ,and State of----Colorado---- following A .the flltre•a r',•f Iv property.in the County of Weld .and State of Colorado to wit.: n..; The Southwest Quarter (SW4) of Section Ten (10), Township Seven (7) North, Range Sixty-six (66), West of the Sixth (6th) F. M. , Weld 0 County, Colorado, consisting of 156 assessed acres; together with 11/4 shares of the capital stock of the Water Supply and Storage C Company, 21 shares of the capital stock of the Mead Lateral e'i i7•,4 Company. r-' u r$' ' tl o • 1 Y: "' also known as street and number -7 ;4 i with all its appurtenances ,} Ar7 x,• Si{;nedthis 19th dny. ' r ,° October IJ7�9 , tg._. (Myrna Ka �F rberg) Y 449 STATE OFCOLf)RADO. -�. County of Weld }ss' '` •thequite \V njng instrument wa, acknowledged before WO thi 19th c _,,..:flay o af '6Atober_ . 19 79 , by Myrna Kay Fager'erg. 4.-r , to . it }, �iSvniloaon expire, June 27, 192,(------------"\\ -.'.{ n { its 'pie?'hand and ,fhu:,l si.iI +I , .•� F C -4 / / �2[/' / _ a . it) E.eeeded a._. 1°1.....__ aYlonk_.S. ... :,_..JAN , 61981._--•- °(-.= ; 924 ie46048 ,r .. N Colorado Reception NoRecorder MYRNA K. FAGERBERG I whose address is 324 1st Avenue Ault County of Weld ,and State of r c Colorado ,for the consideration of OTHER GOOD AND o VALUABLE CONSIDERATION AND TEN AND NO/100 . Dollars,in band paid, • hereby sell(s) and quit claim(s) to KENNETH C. FACERBERG whose address is 15415 State Hwy. 14, Ault, Colorado 80610 0 vi County of Weld ,and Static-of Colorado ,the following real r 0 property,in the County of Weld ,and State of Colorado,to wit: 0 0 The Southwest Quarter (5W1) of Section Ten (10) , Township — Seven (7) North, Range Sixty-six (66) , West of the Sixth cP (6th) P.M., Weld County, Colorado, consisting of 156 as- sessed acres; together with. 11; shares of the capital stock s of the Water Supply and Storage Company, 24 shares of the capital stock of the Mead Lateral Company. • r^ J1 (( I with all its appurtenances t' • Signed this 5th day of January, _. L Dfy K. Fa er STATE OF COLORADO, County of Weld }Ilk The foregoing instrument was acknowledged before me this 5th - . day of January , 19 81 ,by Myrna K. Fagerberg - t,�iti;eommif iiiiiiiirea (007-062-',.•(007-062-',.• A5, /98/ .0"..•.0"..• ./2 i.174114IN fAlriii.cl and official seal .4- /PAIA2141. d It Ttallo— PUBOC ; a mienOw fly*q [Mar ot trots.�tboor thet nm um ornma�*HpehisnattrAsa at w ams.as mheeoor b [ other M In�[[.t'e[such oao.«- Dorades.Rama=It I, Mo. en. QUIT CLAIM DROD tot[-f.- -of-141 so BWW j ;II, e:es.112444 stout SD.et D.., .Colorado N;r L:-:, g°°924 Recorded at �� O� o'clock. JAN 6 1981 Weld County, Colorado 1846049 1� ,•_ may— " Reception No ( _I ��+/ Recorder. 6.4.. o?—/ RECORDER'S STAMP THIS DEED Made this 6thi _ - S day of January 1981 ,between KENNETH C. FAGERBERG C., of the —II County of Weld and State of Colo- State Documentary Fee I I o redo,of the first port,and NOFFSINGER MANUFACTURING CO. , INC., _JAN & 981 • 500 6th Avenue, Greeley 80631 a corporation organized and (fin • a existing under and by virtue of the laws of the State of Colorado of the second part: j o WITNESSETH, That the said party of the first part, for and in consideration of the sum of ' OTHER GOOD AND VALUABLE CONSIDERATION AND TEN AND NO/100 -'---- DOLLARS o to the said part y of the first part in hand paid by the said party of the second part, the receipt whereof k!! ' o• hereby confessed and acknowledged, ha s granted, bargained, sold and conveyed,and by these presents do es - O grant, bargain,sell, convey and confirm, unto the said party of the second part, its successors and assigns forever. !, all of the following described lot or parcel of land,situate,lying and being in the County of Weld and State of Colorado,to wit: The Southwest Quarter (81411) of Section Ten (10) , Township Seven (7) North, of Range Sixty—six (66) West of the 6th P.M. , EXCEPT parcel conveyed to the Colorado Department of Highway by instrument recorded in Book 538 under Reception No. !- 1459570, Weld County Records, TOGETHER WITH Two and One-half (24) shares of the capital stock of The Mead Lateral Company, the Stewart Wells numbers One (1) and Two (2) as adjudicated in Water District No. 3 and Stewart Well number 5315-F as adjudicated in Water Division 1 (Case No. W-2541) ; and together with • right of way for lateral ditch located along the South line of that part of the • Southeast Quarter (SE5) of Section Nine (9) , Township Seven (7) North, Rance Sixty-Six (66) West of the bth P.M., serving a 17 acre more or less parcel on the above subject property. Grantee shall share One-fifth (1/5) of the main- QF tenance cost on the lateral ditch with owner of Part of South Half (SS) of C e`, Southeast Quarter (SES) of Section Nine (9) , Township Seven (7) North, Range Sixty-six (66) West of the 6th P.M. , paying Four-fifths (4/5) of such costs. ‘a) TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining,and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and ali the estate,right,title,interest,claim and demand whatsoever of the said party of the first part,either in lac- - 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 said party of the second part, its successors and assigns forever. And the said part y of the first part, fur _ . him sal f, his heirs, executors, and administrators, does covenant.grant, bargain and agree to and with the said party of the second part, its successors and assigns, that nt the time of the caseating and delivery of these presents, he is well seized of the premises above conveyed, as of good, sure, perfect, absolute and• indefeasible estate of inheritance, in low, 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 and encumbrances of whatever kind or nature soever, EXCEPT 1981 taxes due and oayable in 1982; SUBJECT TO agreements, conditions, • conveyances, covenants, casements, exception reservations, restrictions, right: of way of record, if any, and burdens of Northern Colorado Water Conservancy Ells[ft... t, West Greeley Soil Conservation I!istric t. and the Ault Fire Protection 0i stri at; ., ,d tills.;i. f • ,, F,: '.. -urrr. nu I '-.•n, !: r„), ;,,,,.1— .:.ii ,•.i , hup.,.rr-' , Ii:::, ,rzr.: r•• ',?.. : o- bruary I1 , Pli,,. ,n r„uk n.h r Io,,.,.I r , r` 'Pr. t,tl( , r ' in I1 , I. .(Irr,1 ul Bann „t Wlchi Li In Il _ isitr,.,1 pr in: ,I ,, nu: of _ ,coo C., ah, 1 . herein nn•:um,-•. nor: a.rtoo NT:: - I•., ' A 1 R -; ,:. I\ vas. y`tS 4"-:" r"' B�K 924i 1846049 a- and the above bargained premises in the quiet and peaceful possession of the said party of the second part, its • suer rssm s and assigns. against all and every person or persons lawfully claiming or to claim the whole or any part' thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. i 1 t> IN WITNESS WHEREOF,The said part y of the first part has hereunto set his hand I 1` gars and seal the day and year first above written. / };•. • ...,.s,.c. L ...? CJ/"t_ •-Rn (SEAL] Signed, Sealed and Delivered in the Presence of 1�. n I Kenneth C. Fager rg ( b" . (SEAL] M. TaiS+. 1SEA1,] "''₹>,: STATE OF COLORADO, I .. County of Weld Its' � Bi i{{n'SfO'Fegoing instrument was ack*o'ledged bef,,t me Phi. 6th day of January '' r'.f • 1981 bq•,;uJfENNETH C. F'AGEP.DERG ,-,t, 01 AR), ..c , / a O N My commisssotj expires (' etteke t 2 S- /Ie,/ a l+i" q x '"r : • /eVFl c, s :A'K r, NE9S"jtiy hand and official seal. a/No[ Publ(c_ I N i No.952. WARRANTY DEED TO CORPORATION—Per Photographic Record. d 3=�. �•^ —Bradford Publishing Co.. 18:015 Stout Stint.Denver.Colorado 3 q.t8 �- — ... -; v• . • f t F __. _:.. .. _._ ..____ •• {} X, 5• '+ >, Aqd e • i • • • t' �..�� a fix , ' "' • AR19b9479 B 1032 REC 01969479 06/06/84 10:02 $3.00 1/001 - r. -. F 1701 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO - - QUIT CLAIM DF:F.D RI('OHIO.R S saxtr , I , • lY r, 1111M DEED.)lade iW' ,l.r.,a May Io81 bd.., Nancy Ann Ehn l ilic City and •(' rnu•rl Pr older l ohial., r r.,Lind Kenneth C. ragerherq and Myrna K. - ' _ Faded-inn!, in joint tenancy - V° wlnnc 4yd skim..l. Town of Sul... r.l IM1a (aura.nl Weld .rnJ stave nl(lrinr.nla.v.rnmvnr ' K1'I%I-1St ill.Ihal lhY tor in tonv.lmurn ,iht'urn IliDollar < 'pl,n(.n.: One anJ other valuable r.. slderat Ion ux:wyn herrarpan4.ul II,a Iu1,M1r heft-0.arinn.l-I -d.h.µ r -I. t and ..ddr p,Ir.:Ir11 ii),1\II I'.ands. 4 thc.epr..cnl do e , rr .I. 414 0111(I VN:onto 1.)n .... their h. r..... r. d. - ?(I I re.u. dl the g' Y rn. . .lu and r4 nand %M1,l: J. r..1 n I. rcal nor n N. unrh .— " • )':f• gal nrpnnr .. r.I.rnl,a.Ihr i.K:n nc. it .rl Weld n and i ilar'r:l . ^I a.11'rllrx. The 9Pthwent enar or (SWi1 of Section Ten (10), Townsh it. coven (7) North, Ran'P Sixty-six 156) Wend of the 6!h P.M., W.Id County, Color d. , canal it.Inq of 156 r; .nseenc! ocroa, toquthnr Rill, One and Cnn_half (IS) shared of 'he capt',l stock xN of the Water Supply and Storage rrxrlpnny, Two and rnn_half (2S1 shares of ,he - • capital (dock of the Mend La'e(al Company, Stowar` Wel In Numbers Ono(I l and '�:1 Two 171 as adjudicated in Water Distric`. 'w. 3 and Stn..'art Wa11 ::umhor ti II S-F: • - _ and a rvinthcr with right. of wry for Iatera l d:•c'h I ocatul . I ono the •h line of y .. that: Por 1. of :Li. :nu`1 non•. Pm u'nr 1:1.41 :,f :n Cir;n •:I re rl, "'pwn,h .r.l.^ /' `.nrtnr pangs Sixty 1661 L... of f r L•r, P.M., ser.rrt n I] r1.,.. p ..1 n Fo : bl prop-f" f r ri a h 11 't.r L I (•r (l/ 1 f b.. tr.— 1 trnancost en h littoral. I 1 h1 I r of jar t. 1 11f 1al ni Y * 1 a _heas ?mar nr i„641 of . c•.ia Nano I1), T,wnnhlp on (11 Nor•I.. Nnr a . . i.ey-nix (R5) Wen' n( ' 6`h 1. „ 0,,dnl roar-II((hi d/5 e) 1 'orl ro.. Tie, in•ent of lit], 1nstrumnn: Ir to ,on-oy whnter•.r r .r l•a I iM,.re•,'. ,h.. ,Ir-,n•nr iy t N may hnen had In She hove de,'r:hr.( :ands r h .,_inn ref •h•, n r •ne tiv Wvran'.y nand doted Dscnml sr II. 1.1]6, far,,,,Ind January 1, I!i)I • II.'",k 7". P..c,.R. a •ten •lmnbor ILl0'.10. Tir On i• !Nair lino-I t-. (adder• •r• •de mir.Ral .. r.rr it i rn - k In' Inr^,h In •lie nMv. n nr•.l W:urm'y tr 1 1 .d (r.,nmb.r il, I Uf. _ !., fr - x Pm- PiII.AAI • V . M i ricdl..nlhR II I' r t...I t". Wp ti Ul\I\\NIII NI Ir171M1. n 4. M1a ..., ,I11r.,. .r• - j{((p'"'yo.y yi SI li III lrpnN\Iltl Iron. l . Wit' \ raj 1Wa rd GI 7 k i,,,,,,.n4 r r I r r, > . W,r / Ai • c *Trap), . bo->, Li. .I..l I I._... ',� :puouc , :,a: '• "`or ce'- ...,I tx_s M, • 4' ii.vJ 1.Ne..(.14 WYhr .rimi ...,rv._... u ... ......: .....:r .. .... f • 5 .. -.. 'ids qr, . r .� -- 1.. .. AR3969V61 R 1032 REC 01969461 06/06/64 10:03 5?.00 1/001 ' F 1]04 MARY ANN FEUERSTEIN CLERK E. RECORDER WELD CO, CO QUIT(;LAIA1 DEED H4('11HU4NR 51'•\\11' _ --- —� _ TIIiSUfhD.ar dr The. tttry „'4 May I'D4 • tp lwrrn Dorothy II. Stewart et Iir r(r Ur .rrl Weld nnl fur.rl c.i.f..... 0.11111,11,.and Kenneth C. Fagerherh and Myrna K. . Fagerherg, in 'Joint tenancy _ wln v lava aJJn.. . Town n( N+1:. _ J+ {{ ('hunt.el We le \r.rrr'r.r<r.l, _ _ ?r' _I'r.rrrrcr.i_ jj %HSI lhIIfII ,hi h.run ,n In, rrd in...rd.rahon et fin aim at Oao Del tar and +ther valuable J• consideration yyX� - then I II .r. I M1 r.ncnn I. IJlullrn 1 + I. I3. ,rd artijl 1161-P11RRI 1[[.and h, Irra'1 J ii..t... .c.and GI Ili' 'OM tornado;unl (he 1' rlaaan... I vAl M1 ;l I and Jrnuml wb.1 A. kr n. 1 q and n;ticJr p ; .nlu w l '. nNn I ,1 . 1Nnu on the ! v ..d Weld } r anJla. ' ('r Ind J h1 111 - -- - 5 The hwo,,(' n [ SWSI of See!ion Ton (10), Town[ +, . St>my-six (661 Wiht, of the 6th P.M., Weld County, Colorado, ro ,i ' :inil of 1;6. n:. 1 •x de Cher with One and One-holl (141 ,.hare•. oftt cent y 'thin: - - r - >•. of i he Writer Supply and St rent Company; 'No And One-half Vu) •thiren of 'I. capital k of t he Me id Cuter,,I ,ompn y the ht.n r t Welll ln number,. to. (11 :rd 'No t7) in 1111d)cltf in Wltr o, d rte. No. 1 and Stewartawdr II halter S 1ci f. . and J her with right of vat for Iateral dl t eh I orotorated :.lend 0hr . ,.h 1 -- t. 'hn' par' of the v,t c -,I r (DE LO of c - _ s y Nor h Range . t / t 64) We t the (lb I ... t UI 1 I '- -n- . �nr 1 1her vino I' _ m. tl t property. r h 11 e A l I I/. by ._ �!th c on the I 1 i•tt with owner of I r t .7',nth ILOt I.'S r• - J [ I I -f '. Six y n x (1 al to h 1 lt (2), T .htl Se von I,1 h ken l• r al b yr my rnJr-(If t,r (M1/]1 I _n V4'10' 'm. in,...on' a •hI rlm, r on... vim'over m. . intone,' y ry 1. or-rd tnr. may lawn had in thr ,V)01/1) ileurrihed IanJ I 1 Ime of !th• • • W.rtrnnty l ,od dated UecemL.[ II, 141i, t . 1.1 Jn ry I I ] 1 1 ] I I,!than Number I6JN37J Thin Vitt .1 um Deed 1 fr P r,- 1 "+ v.> . 'itt forth to the t ve (tent toned W rr r•I y U M,..I1t _I • "• , t 1 J Peed d nl, mL•r 11 t „r.-. d. Irvrn P.m..r and Urrhr a. l row, W- pry v 1,II I' L. 1 1 _ .. Il,rr.r r . Ire nl.0 r1' rur - ..• In.nl P r.-,r. .hnJ Ih I I J t,.lr I re. L..rr e• .. ,.IV�(�INryI 1.. S N111 NI/Jr 11. IP(w rf,r [.., •$ ._9 -I.{"L�(y /'r• ,(I-U«^.4: � •4;F tI All in (r11(INVx. }.. snc.0 /o4C J9%' dn. l/tS I; l Stayh. pprphny a, N bWZCCTli l- if 4'2 3'.1 w /v_ft//f(r4,--Af •�:<fry _ . vl rr,un.... rrII, ml lfr:hC r /C!/+l/6(' '"de/g5,'"''U4 ��' 1 r f I_• r, • , . — mr ---, ' • AN1969V95 B 1032 AEC 01969485 06/06/84 10:06 $7.00 1/001 , F 1710 MARY ANN FEUERSTEIN CLERK b RECORDER WELD CO, CO N QUIT CLAIM DEED ;a(oltueu In}raw• ; E- 1.3 - TI11511F:F:11.midi err, de.t Ma/ I'64 AA • I Or" Y I i, '(-mint.•rt weld aridl rr ul (fined•.,r,( r• wit Kenneth C. Fbgnrberg and Myrna K. j^ a - _ ragerher in joint tenancy g, in rh. whin.Ire+I:iidrt..r. Town of Ault nl thc fuunhrr, held and ll,ra rrt(trlrnvn n era r,i. --- wll',VI11V III.lhit in,Fran n,_trmd 10.n, hr liP.I0.0 nu-,nr.d One Dollar and other valuehle '. cone iderat ion XNMX)410t - tM1anwn I I ,. ♦rdrM1.h ,Ina h, xln+Ivl.1.1 r. 1. nlev-ed. ,• , wl.r lrl (.. 'n 1 F r.i ) II I'I nrAIHI th r N1.410%5,1105 ram, nil Ipt'11 r 1.11f1 F•: ,.,- :hr h.„ , ,' - 'yrl ,^ Irnac all hr r.dd liar .,.,I„ a Ic niiil upJilk ac r I i..`I, I pt1 IT, aIr +uh ''F improctint.t. il Ivat y,r and henrn dm r urn Weld err lSr,,,.-, '". • (ulr.J .d hcd bill,.., nr — '- The Sou•.hwent Quarter (sWSI of Section Ten (101, Townsh I '-Co.rn (7) Nor'h, Faro l•• .- f .'.. el nty-11X (66) Went of the 6th o.... W. Id county, Colorado, ne of -" a ne'secd acres, together r n One. 1 one-half (1S1 ah of 'he C rl 1 .n • t4. : of the Water Supply ond Storage r' 1^ -ny, Iwo Ind One-half (/31) ',hare of the .. • capital 'took of the Mad La rr m( ny, the Stewart W ll. h n (1 I -'rid - 4 Two ([) ]1 adjudicated in Wn✓r Dix n et No. 3 and Stewart hall Number 5115-1 - >C - a and together with right of way for label ditch located alone to i'h I ine of - • h ridr. nf •h .Y h...on. 0iiar"or ISF',I ril 1 I, 'I ow _1 1 ^• ((, r ,,}}a •a .. .. North, [Lingo Sixty (66) Went f the 6th P.M., r I I] - or le..:. nt3 n, _c3 en above rut ] c. pr .'.r v. Pei did. r '-h:it nth. c ,. !,_•:1 (1/ , of 'h•. f na I n•nnacre cost on the la.era ditch with r f 1- of ,•f n II .'S I 'd . Icutheast pllrter ( 't ) unction Nino (9) -town,.:'Ili n (7. 1. 1+ t', ?? •. Sixty-nix (66) Wan- ,( he 6th F.M., ( tying Fo,,-I,f`h (4/,I of h h, the Intent of thin tnntrimnn` In Convey wnatnver mid-It'll Inter , 1 ,r irr•rr 3• _ maythe a have had in hoy-' dencr, lan d). rmid-It'llld) .l+• n.. of 'her r rf `he - Warranty Deed dated December :1, 1971 recorded d-n my 7, I'!76, iv.k 7i'., "'cu.- - ' `ion Number 16781/9. Min Qn (,I,in Dee,) in ,i,Irr:' , the m r m r r-..r+ I not forth in 'he above man-toned Hnrrnn•'y fierwl 'litrd I. -••mbor II, le/M1. ,Ia•imnn.,,nm eel n•••••,‘, ;1�1 enr�.r nr. ,I•In n,nnl 1 I n. n. I r 1 I I, ,,, I I. r. , !u rcl n ... Inv m,rn r. : hrxll nl hl t I,u t 1 , ' IF NII VI XS N)if-Kr ul. ll r.., r, 1. n . rl l . .rcl t L ofrl tae,- ¢ '•. ...4:1 y,�r'. u. i•4•,,, I s, • .. `i. Si\ 1 (II I Il ((lxi I Y . lhrlr,.F ,y rwm�• in�l.I -d lXlr nr. ' --", p&i(-I s 1, , (/lor≤A- I, i,i., Ih. (no. Ryrar i). )na- 6 iry/„ /ll x a• Lam ,I ,. j'", . .. •Il m!Winer • -r, ,I. /lljf( ln. �(( /NG � •pp�Yi n .. Nn.vd).Iter.I KI 1 nr,m u.• .„ .„,,. r. .. -..r ., t A • ..'+� - eyed}; Y a}5^+ w - •?T'* • ^ 41 . y St x-`.t.1?.:;••••;‘,:a7•.• '..„-- r • n •.. . Y5. / d;v.� % R 1032 REC 01969486 06/06/84 10:07 $3.00 1/001 Al.t ' AR1969VB6 F 1711 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO x i:A QUIT C(.A:At DEED Rea uunf:x•c See 51r A Uope Ehn v nnI arhe sa chi ets ( o°n 1"I Middlesex q ..l . �ie 1x;iins• n pm r mJ Kenneth C. Fagerberg and Myrna K. . 'jq1•.+ ' Fagerherg, in joint tenancy (r'E.3 •h.e vf,Im41n.. . Town of halt _. __._. ___._... +V{ d ' of Inc ('rr el Weld unrl Arena r.l rS.l,.,,d, rat r Fm N'ITNiSSl III.Thu It gnnterl,I ler add m aamWcmla.m of lhe.um el '"..7'...1 One Dollar and other valuable consideration Ix Il I ARl the naepr and wllaanar elshaM1 .henM>lnnala 'J ha s foul TO IALtl..•IJ.a i'cwd andl)1 I I(I.Mall II }—uu� line pnvml.Jr resat n-lcac.wIl. nJ VI II CI 'OM unis he gralkti•P their heir- mi,, t aerra. arl (wove all he right hilt. hire.! Llasi;and donantl x hall Ila liJiii,PCI,I,s is .nl a,. realPnrpan 1 }cen r soh ny5'k44. mpnfrmena a.in aware.h,m andh Irnha' (ounset Weldam;'eaaa ("mod,.ilesoll,ral a Ill . • 'marl The South c t Quarter (SW%) of Section Ten 110), Township Seven 17) North, Panne (c r Sixty-six ( 6) West of the 6th P.M., Weld County, Colorado, 'o-ti g of 156 assessed acres, together with One and One-half (151 shares of the c.ipit I stock - t"v of the Water Supply and Storage Company; Two and Cie-half (2a) uhoiu of _n• capita! . Y of •he Mend Lateral Company, the :.wart hells Numbers On. (1) and 9wo 121 .s adjudicated in Warer District No. 3 and Smewart Well Number 1I715-1', and together with rigl of way for lateral ditch located along the South tine of '0.i.11' h part of. 'he South ' I:cr I oF. I of Sectie,r. Nut' I91, Township (7 - - -. North, Range Sixty—sax 166) Went of the 6th N.M., serving a 17 acre morn or Imms porcel on above subjectproperty. Purchaser .h111 sharm On n t th I1/51 of the . maintenance cont. on *he lateral ditch with owner of fart. of South 11.11 ISS) on _ - /•.. Southeast Warter (SE,) of Section Nine (91, Town..hip ',even (71 North, h np . Sixty-alx (66) West of th•• c,', 1'.M•, p'ying M t f•h. (.1/1,1 rI •" . •- ^p The intent of this Instrument. Id toconvey who fluo r a mint,'! into errs' • . - theo may have had in above deur;rihnrl lands ; the time ref 'No execution n1 •hm l' Warranty Deed dated December 31, 1975, recorded J y 7, 19] k 7C6, 1 R- )on Number 1678329. This (milt cl.,.rn Weal le auk,1 i I a ,, forth in the above Mentioned Warranty 1.1.0,2-1 dated December 31 10Th. 'I \much M1yq hr a. - III IIAV I'.>M1 111111.11 as he w hell r a,ln pall .tilt Ixmr n. hl ra r, ,, — apa .31 f alhcnumo.mf,nnl an, het a l,. it, nl,l L . .cr ,1 litpathos,.r i f lad axis ti. , the unb rmPrn v.hnclu and Fah..rl nl lists rvun. •he Ifa.,nA.nr n.reran INNI(N1:55 KIII:RI idP,Ili.pains Lan enone lrl rlca.l Iw dal,,' ire has • .NT." HI S// 4.r$,,-":. C.-5-L— / 51511.(I.Hata\Ixl jl tld �`, (' • ( h `P I Sn(t�. .fl rp lace nVr Lla Il.less raa rla rl. .'/i" (. .i� �'��}.W�'th_ Is,, - ; Je r r 'I le 'V 5 4 r 'Pri n ..a. `term, 1, wane. 1 1,d idilLIAI•cal '‘‘,1.I" r( w %/;. 1 :f 'A4)*. 0th 1`. •u nta ears.,area ere .,nor. .. , ,e/ '�" by ' C4�a . ' ., _ - yr- ti .. •. • .•,Ile lXM r.(. :1. B 1316 REC 022-498 91 OR227O3�o b_ F 0956 MARY ANN FEUERSTEIN/CLERK 564 RECORDER WELD CO, CO WARRANTY DEED i THIS DEED,Made this 25th m November .19 91 between loffeinger Manufacturing CO., Inc. a aerporadon duly organized and existing under and by virtu:of the laws of the State •-- ! of Colorado .grantor.and State Docum.^llla .Fee I George Goodell and O.R. Goodell Data.....l%--�(,f..,:.1 L. . shoe kgal addtas is P.O. Box 427 Eaton, Colorado 80615 • i of the •Cwamy of Weld .Sum o4 Colorado,grantee: ' W17'NFSSETH,That die grantor.for and in considrrafimi of the sum of II Two Hundred Sixty Thousand and 00/tenths •- DOLLARS, ,` the receipt and sufficiency of which is hereby acknowledged.has granted,bargained.wild and conveyed.and by these presents does D0G 1l wan,, bargain, sell.convey and confirm. unto the granter.his heirs and assign. brevet all the real progeny. together with r•C° t h Benue:n=1 W.if any.situate.lying and being in the County of Weld , I State of Colorado.described as follows: Parcel 1: Lot A of Recorded Exemption No. 0702-10-3•-RE902 recorded September 3, •I 1986 in Book 1126 as Reception No. 0206.7980, being a part of the SW 1/4 of ' Section 10, Township 7 North, Range CrWest of the 6•h F.M. Parcel 2: Lot A of Recorded Exemption No. 0707-15-2-REB94, recorded September 3,', 1986, in Book 1126, as Reception No. 02067997, being a part of the NW 1/4 of • I Section 15, Township 7 North, Range 66 West of the 6th P.M. i also known by stns,and number m: 15415 Highway 14, Ault, Colorado 80610 ^ TOGETHER with all and singular the heditai enu ark appurtenances thereto he ongmg.or in anywise appertaining,and the i emersion and manure.remainder and remainder.rah.issues and profits thereof.and all the estate.nght.title.inkiest,claim and demand whaaomer of the grantor.eider in law or equity.of,in and to the above hartamed premises.with the hereditaments and ✓ t TO HAVE ANDTOHOLDthe said remises thosenapped and described with the appurenansts.unto the grantee,his heirs and esigm foresee.And the grantor.for itself.and its successors.does covenant.grant.bargain and agree to and with the grantee•his heirs Iand assigns.the at the time of the emealing and delivery of these resents.f is well vetted of the premises above conveyed,has good. I sure.perks'.absolute and irdefwibkesme of inheritance.in law-info smirk.and ha.good right,full rower and authority to gram. I barBam,sell and convey the same io manaarand farm as aforesaid.and that the same are free and clear from all forma and other grants. ' bargains,sales,liens.taxes,assessments.encumbrances and restrictions of whatever k d or intuit soccer.except general taxes for 1991 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; The grantor shell and will WARRANT AND h$REVSt DEFEND the above-hargaued premises in the quiet and peaceable Ipossessionof thegrantee.his heirs and assigns•against all awl every person or persons lawfully claiming the whale or any pan thereof. i The singular number shall include the phial.to plural the M.ingos,,and the use of as gender shall be applicable to all genders. Di WITNESS WHEREOF,The grantor ha causal its anorak name to he hereunto subscribed by its Pnaidea, as Its corporate seal to be hereunto afford.attested by it, Sccmtary. the day and year first • abase written. Atka: Noffsinger Manufacturing Co.. •]hrcv, , a Colorado Corporation •' • v' ! By4 I5 ' rt dank 21 •.l V: I SPATE OF COLORADO• County of Weld f t..l y fi I: li I, p The foregoing instrument was acknowledged fibre me this 25th ,fay of November ,19 91 I. by Robert W. Nof fsinger, Jr........., as President . and c, ' as Secretary oe Noffsinger !Sandi actualpq'C�A",':�y,Sacs, a Colorado�y Corporation a corporation. My mnwrasatoo orrice Dectmber:l a yea. , Vl.s-[.f rL-r- .•� er.Sv- .i, Wfmas my has and*0kla].cal. J, * y— y , I. �;'. 1113 10th Avenue Greeley, 0. 80631 ,Ili_if in Dana.inset'City and." Nov a gee.5a/. w PRAATT o®Irarmine • SKLD WW 10 . 199. 51 . 64 WE 2270398-1991 . 001" • B 1318 REC 0:. J399 11/26/91 15:46►R227O377 - F 0957 MARY ANN FEUERSTEIN CLERK ,k 55.00 1/001 RECORDER WELD CO, CO WARRANTY DEED nos DEED,Made this 25th day of Revenuer 1991 ,between George Goodell. and O.R. Goodell of the *County of weld and State Documentary Foe I Sas of Colorado.graatot and Date Kenneth Pagerberg and Dixie M. Fagerbergrlo //- W whole legal address is 15415 Highway 14 _ Ault, Colorado 80610 of the County of Weld and Slate of Colorado,grantees. WITNESS.that the grantor.for and in consideration of the sum of Two Hundred Sixty Thousand and 0O/100ths DOLLARS. the receipt and sufficiency of which Is hereby aekmwkdged.has granted.bargained.sold and conveyed.and by these presents does pant,bargain.sell.convey and confirm unto the granters.the r heirs and assigns foist ran in tenancy in common but in joint tenancy. 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: Parcel 1 : Lot A of Recorded Exemption No. 0702-10-3-RE902 recorded September 3, D'Cr 1986 in Book 1126 as Reception No. 02067980, being a part of the SW 1/4 of .2baA Section 10, Township 7 North, Range 66 West of the 6th P.M. Parcel 2: Lot A of Recorded Exemption No. 0707-15-2-RE894, recorded September 3, 1986 in Book 1126 as Reception No. 02067997, being a part of the NW 1/4 of Section 15, Township 7 North, Range 66 West of the 6th F.M. also known byamet and number as 15415 Highway 14, Ault, Colorado 80610 TOGETHER with all and singular the hehedisc s and appurtenances thereunto telonging,or in anywise appertaining and the reversion and reverskm,remainder and remainders.rents.issues and profits thereof,ant all the estate.right,title,interest,claim and demand whatsoever of the grantor,either fin law or equity.of.in and to the above Seethed premises.with the hers-disarm and TO HAVE AND TO HOLD the said pass above bargained and dashed.with the appurtenances,unto the grantees.their heirs and assigns facer.And the grantor.for himself.his heir.or personal representatives.ekes cotenant.grant,bargain and agree to and with the grantees.their heirs and assigns.that at the time of the sealing and delivery of these presents.he is well seized of the premises above conveyed.has good,sure.perfect.absolute and indefensible estate of mhentance.In law.in fee simpk.and has good right.full poser and lawful authority to pant.bargain.sell andcosssy the sane in manna and forth aforesaid.and that the same ate free and clear from all former and other grants.bargains,sales,hens.Lain.asessnnenis.encumbrances and restrictions of whatever kind or nature steer.except general taxes for 1991 and subsequent years; except easements, restrictions, covenants, conditions, reservations, and rights of way of record, if any; The grantor AS and will WARRANT AND FOREVER DEFEND the above.ba'gahned premises in the quiet and peaceable • possession of the grantees. their kin and assigns.against toll and every person or Koons Irefully claiming the whole or any part thereof. The singular I include the plural.the plural to singular.and the use of my gender shall be applicahk to all genders. IN the grantor has cactus this deed on the rate set forth above (Q,f, owlf/9 • e Goodell O.R. Goodell • STATE OF COLORADO } ss. County of Weld The foregoing inswmem was acknowledged before me this 25th day of NoveMber .19 91 , by George Goodell and O.R. Goodell Wass my hoes and official seal My COMMIWCW oven December 1 .19 94. .ice :li r R. r. . '# n.w sat+. • 1113 10th Avenue ' •S Greeley, CO. 80631 • elf in Deaver.meet"City and? Ns.WM.0a 345.wafaatry s®maw.wawm • SKLD WW 10 . 199 . 51 . 64 WE 2270399-1991 . OOlhr." AR23M1795 E 1392 EEC 02341795 07/19/93 16:03 ;5.00 4/001 - F 1417 MARY ANN FEOERSTEIN CLERK 0 RECORDER 1fELD CO, CO WARRANTY DEED I Gnntons), • �, Kenneth Pagerberg and Dixie N. Pagerberg SMfE f$ D O . D whose address is 15415 Highway 14, Ault, CO 80610 $ 'County of Weld ,Sum of Colorado ,for the considantion of other valid consideration and Ten and 00/100-- dollars,in hand paid,hereby sell(s) and convey(s)to Bank One, Greeley, NA, whose legal address is P. 0. Box 1098, 7th Street at 9th Avenue, Greeley, CO 80632, County of Weld ,and Site of Colorado - the following al property in the County of Weld ,and Stale of Colorado,to wit �db 5ao PARCEL 1: V Lot A of Recorded Exemption No. 0702-10-3-RE902, recorded September 3, 1986, in 421a) (W*)k lof6, as Secti Sectionion wnship070Norrtth, Range 66 West of being a part f the the 6th Southwest M,aCounty of Weld, State of Colorado. PARCEL 2: Lot A of Recorded Exemption No. 0707-15-2-RE894, recorded September 3, 1986, in Book 1126, as Reception No. 02067997, being a part of the Northwest Quarter (NW}) of Section 15, Township 7 North, Range 66 West of the 6th P.N., County of Weld, State of Colorado. also known by Nat and number as with all its appurtenance,and warrant(s)the fide to the sane.subject to the 1993 real property tares and exceptions and reservations of record. Signed this 6'm dry of 1/•••-a-P .19 93 F Herb Pager g '. e . g� / STATE OF COLORADO, ss. County of Weld The fotegolog instrument was acknowledged befuw me this or th day of 44 N .19 93 , by Kenneth Pagerberg and Dixie Ni,Fegerberg. • . My tar expels /1St...., 1' ....Witness my hand and official Nianwlgimtrt'x at. !..A:".�;cm., `l los ne•asaaainewoo.+41M 04001 t. 1 npfy}a 31.30“OW tu.aat in HR. WtOMfls WED ma.tve.) SKLD WW 10 . 199. 51 . 64 WE 2341795-1993 . 001'92 B 1352 RTC 02341796 /19/93 16:04 $5.00 1/001 F 1418 MARY ANN FEDEkDTEIN CLERK A RECORDER WELD CO, CO STATE ARE FEE 4R2341'79b Dais SPECIAL WARRANTY DEED This Deed, made this q day of July, 1993, between Bank One, Greeley, NA, Party of the First Part, whose address is P. 0. Box 1098, Greeley, CO 80632, and Nof£singer Manufacturing Co., Inc., Party of the Second Part, whose address is P, 0. Box 488, Greeley, CO 80632. WITNESSET R: That the said Pasty of the First Part, for and in full consideration of the sum of Ten Dollars ($10.00) and other good and valid consideration, to the said Party of the First Part, in hand paid by the said Party of the Second Part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and convoyed, and by these presents does grant, bargain, sell, convey and confirm unto the said Party of the Second Part, its successors and assigns forever, all the following described lot or parcel of land, situate, lying and being in the County of Weld, State of Colorado, to wit: PARCEL 1: Lot A of Recorded Exemption No. 0702-10-3-RE902, recorded September 3, 1986, in Hook 1126, as Reception No. 02067980, being a �,, ^ part of the Southwest Quarter (SW}) of Section 10, Township 7 J'A North, Range 66 West of the 6th P.N., County of Veld, State of Colorado. PARCEL 2: Lot A of Recorded Exemption No. 0707-15-2-RE894, recorded September 3, 1986, in Hook 1126, as Reception No. 02067997, being a pert of the Northwest Quarter (NV}) of Section 15, Township 7 North, Range 66 West of the 6th P.N., County of Weld, State of Colorado; with all its appurtenances and warrant the title against all persons claiming under Grantor, subject, however, to 1993 real property taxes, real property .. . taxes, easements, rights of way, exceptions and reservations of record. IN WITNESS WHEREOF, the said Party of the First Part has hereunto set its hand and seal the day and year first above written. "l nhuh,err�/,,` BA1� . GREELEY, , // E • By / A1TE ( s E$LA, •� per` ,,t ,I,,R,Ap`tt t STATE OF COLORADO ) ) ss COUNTY OF VELD ) The foregoing//�instrmoat was acknowledged berm me this day of July, 1993, by gfa.,er , re and o,,.nl. i leygr., Aas . SVP and re- •=ct..o of �, Greeley, NA. . 44,- .'71 . Public • , My Commission Expires: � •` 3�18/fy V.- r Q 4 • r i, N SKLD WW 10 . 199. 51 . 64 WE 2341796-1993 . 001 H 1407 REC 02_ ,122 10/21/93 16:08 $10.00 J02 AR23S6L22 F 1892 MARY ANN FEDERSTEIN CLERK RECORDER WELD CO, CO WARRANTY DEED • nos DEED,Made this 20th day of October ,I9 93 , between NOFFSINGER MANUFACTURING CO., INC. STATE DOCUMENT FEE a corporation duly organized and existing under and by virtue of the laws of the State Date _a ' 3 of COLORADO grantor.and eel?' CO • HAROLD TATEYANA AND SONS, a Partnership whom legal address is 41430 Weld County Road 33 Ault, Colorado 80610 _ of the "County of Weld ,State of Colorado.grantee. WITNESSETH.That the grantor.for and in consideration of the sum of Two Hundred Seventy Five Thousand and 00/100ths DOLLARS, the receipt and sufficiency of whet:ie.hereby acknowledged.ha>granted.bargained•sold and conveyed•and by these presents does grant. bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever. all the teal property together with improvements.if any situate.lying and being in the County of Weld • State of Colorado.described as follows: DOG. SEE EXHIBIT "A" ATTACHED HERETO 1�•SO' ' also Mara by street and number as: 15412 Highway 14 TOGETHER with all and singular the hereditament and appurtenances thereto belonging.or in anywise appertaining.and the nv..siwr and reversions.remainder ard remainders.rents.issues and profits thereof,and all the estate,right,title,interest,claim and demand whatsoever of the grantor,either in law or equity,of.in and to the above bargained premises,with the herediaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances,unto the grantee.his heirs and assigns forever.And the grantor.for itself,and its successors.does covenant,grant,bargain and agree to and with the grantee,his hews ' and assigns,that at the time of the ensmling and delivery of these presents.it 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 authority to grant, bargain,sell and convey the same in manner and form as aforesaid.and that the same are free and tear from all former and other grants, bargains,sales,liens,taxes.assessments,encumbrances and restrictions of whatever kind or nature soevee except general taxes for 1993 and subsequent years: except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; • The grantor shall and will WARRANT AND FOREVER DEFEND the abae•bargained premises in the quiet and peaceable possession of the grsmce,his hems aai assigns.against all and every person or persons lawfully claiming the whole or any pan thereof. The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF,The grantor has caused its corporate name to be hereunto subscribed by its Resident.and its corporate seal to be hereunto affixed.attested by its Secretary, the day and year first above written. Attest: v Noffsinger Manufacturing Co., Inc, ' a Colorado Corporation le/ssr aaxu, a , By��/s .i�/� 1:•:,, Ir• 11 ' r r• r C .1 ,. •.1• U; STATE OF COLORADO 2 ss. I • County of weld •9 - '[bej&egoing insuument was acknowledged before me this 20th day of October .1993 by`. Robert W. Noffsinger, Jr. ss Ptesidan and Edwin D. Walters • aas Asst. Secretary of Noffsinger Manufacturing"Co., Inc., a Colorado Corporation acorpeation. My commission expires Decamtber 1, 1994',: r.•' • �.. Witness •my hand and official seal. Xis— ^v/ ,. Nwry NN.: ' a V 1113 10th Avenue .,:Greeley, CO. 80631 9f in Denver.insert"City and." No.MIL Rev.Sol(. anaanxrs nfmsnc.,a.rre, SKLD WW 10 . 199 . 51 . 64 WE 2356122-1993 . 001° 8 1407 RFC 02356122 10/21/93 16:08 $10.00 2/002 F 1893 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO �... "EXHIBIT A" LEGAL DESCRIPTION PARCEL 1: Lot A of Recorded Exemption No. 0702-10-3-RE902 recorded September 3, 1986 in Book 1126 as Reception No. 02067980, being a part of the SW1/4 of Section 10, Township 7 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. PARCEL 2: Lot A of Recorded Exemption No. 0707-15-2-RE894, recorded September 3, 1986, in Book 1126, as Reception No. 02067997, being a part of the NW1/4 of Section 15, Township 7 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. SKLD WW 10. 199. 51 . 64 WE 2356122-1993 . 002 • Tor AIM 11111111111 11111 111111�I�1111111 III11111 IIII�� - 2000701 04/10/1066 03:20P Mid Chanty CO 1 st 1- R-6,06 O-14,06 JR 0dt1- Tsultesstar WARRANTY DEED Le 3']CtpAt1S THIS DEED, Made this 9th day of April ,19 98 , cf-r l01Ld �0 between Harold Tateyama and Sons, A Partnership of the County of Weld sad State of Colorado grantor,and Stanley E. Heinze and Louie S. Fabrizius whose legal address is 15415 Colorado Highway 14, Ault, CO 80610 of the County of Weld and State of Colorado ,graotea: WrrNESSETH,That the grantor,for and in consideration of the sore of ONE HUNDRED SIXTY FIVE THOUSAND EIGHT HUNDRED TWELVE AND NO/100 DOLLARS,($165,812.00 ), the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant-bargain,sell,convey and confirm.unto the grantee,his heirs and assigns forever,all the real property together with improvements,if any,situate,lying and being in the County of Weld ,and State of Colorado. described as follows: Lot A of Recorded Exemption No. 0702-10-3-RE902 recorded September 3, 1986 in Hook 1126 as Reception No. 02067980, being a part of the Southwest 1/4 of Section 10, Township 7 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado Imo. also known by street and number as 15415 Colorado Highway 14, Ault, CO 80610 TOGETHER with all and singular the bereditamenta 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 and demand whatsoever of the grantor,either in law or equity, of,in and to the above bargained premises, with the hereditament;and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantee,his heirs and assigns forever. And the grantor,for himself,his heirs and personal representatives,does covenant,grant,bargain and agree to and with the grantee,his heirs and assigns,that at the time of the ensealing and delivery of these presents,he is well seized of the premises above conveyed, has good,sure,perfect, absolute and indefeasible estate of inheritance, in law, in fee simple,and has good right,full power and lawful authority to grant,bargain-sell and convey the same in mariner 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 for tans for the current year,a lien but not yet due or payable,easements,restrictions,reservations,covenants and rights-of-wily of record,if any. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable posses- sion of the grantee,her 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 deed on the date set forth above. Partner Partner Harold Tateyama and Sons, A Partnership /By' D / Qv Daryl atwyan�, artner Haro d' ateyama, Partne -- STATE OF COLORADO se. COUNTY OF WELD The foregoing instrument was acknowledged before me this 9th day of April ,19 98 ,by Daryle Tateyama as Partner of Harold Tateyama and Sons, A Partnership. and Harold Tate yam,yas Partner of Harold Tateyama and Sons, A Partnership. My Commission expires: July 15, 2001 sWimes y band and official se if =rat ) J 1)A C L :(zk.�?/_� ...°'Kx.t Notary Public CCarrie Walker WARRANTS DRRD ttu PlwteQepfk Record)tasmamcl Rka UO11706A9a SKLD WW 10 . 199 . 51 . 64 WE 2605701-1998 . 001 Hello