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HomeMy WebLinkAbout20042963.tiff A89 111111 1111104:17P �N 1 Weld Comity, � CO Due to today's scanning technology, twin colored inks do not reproduce. 1 or 1 R 0,00 D 52.150Rec D Move Moreno Clerk 8 order WARRANTY DEED THIS DEED. Made this 23rd day of April . 2004, between Ron M. Greene and Gayle F. Greene UDaaritalAcq oftke County of Weld and State of Colorado grantor,and Gary Vander Well and Carol Vander Weil boo fit ' �( ae whose legal address is 26500 Weld County Road 388, Kersey, CO 80644 of the County of Weld and State of Colorado .gruntees: WITNESS,That the grantor.for and in consideration of the sum of SIX HUNDRED TWENTY FIVE THOUSAND AND NO/100 DOLLARS,($625,000.00 ).the receipt and sufficiency of which is hereby acknowledged,has granted.bargained,sold and conveyed,and by these presents does grant,tee gain,sell,convey and coolnn unto the grantees,their heirs and assigns forever,main tenancy In common but in Joint tenancy, all the real property together withimprovemnts,if any,situate,lying and being in the County of Weld and State of Colorado.described as follows: Lot B of Recorded Exemption No. 0963-9-4-RE2208, October 20, 1998 at Reception No. 2647810, being a part of the Southeast Quarter of Section 9, Township 5 North, Range 64 West of the 6th P.M., County of Weld, State of Colorado abro known by street and number us 26500 Weld County Road 388, Kersey, CO 80644 TOGETHER with all and singular the herediWrrcnls and appurtenances thereunto belonging.or in anywise appertaining.and the reversion and reversions,reminder 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 drove Iwrgewrd premises, with the hereditament:and appurtenances.TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grimes,their heir and assigns forever. And the grantor,for himself,his heirs and personal representatives,does covenant,grant,bargain and epee to and with the grantees,their heirs and resins,that at the lane of the moiling and delivery of these presents,he is well seized of the premises above conveyed.bits good, rum, pafeet, absolute and indefeasible estate of inheritance, in law, in fee simple.and has good tight,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 fo nner and other grants,bargains,sales.liens.taxes.assessments. eocmMWmes and restrictions of whatever kind or nature soever, except for taxes for the current year,a lien but net yet due and payable,and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer In accordance with section 8.[Tide Review),of the contract dated February 25, 2004 between thepartiea The grantor shall and will WARRANTAND FOREVER DEFEND the above-bargained premises in the quiet and peaceable posses- sion of the granites,their heirs and assigns,against all and every person or persons lawfully claiming the whole orany pert thereof. The singular number shall' plural,the plural the singular.and the use of any gender shall be applicable to all geoden. IN I hes executed this deal on the date set forth &aavve. ..,,C/ �J/�JJ� Ron M. Or aylaj Greene e / •. STATE OP COLORADO ) r e7 eS'f n Ol COUNTY OF LARIMER ) i, Ito‘fdig The foregoing instrument was acknowledged before me this 23rd day of Apr\ $T...••.' 'Y pry Ron M. Greene and Gayle F. Greene My Commission expire: July 15, 2005 Witness my dofficiahseal. t'\ Carrie Walker w DEED Jab[Tarots)montane Fib U011rr9A04 CULL) 2004-2963 V : 1P rmi' TL .97 - Y 7rliuiiuui r-u1/h 22, 2004 To Whom It May Concern: Gary and Carol vanderWal are under contract to purchase the property located at 26500 WCR 388, Kersey, Colorado. This closing is set to take place on April 23, 2004. The current owners of 26500 WCR 388 are Ron and Gayle Greene. VanderWals wish to operate their home business from 2650 W 888a r possession. In order to comply with Weld County requirements apply for a special use permit. VanderWals request the permission of Ron and Gayle Greene to start the application process at this time. The process will not have any adverse impact upon the Greenes, nor will it delay the closing, or affect any proceeds due to Ron and Gayle at the scheduled dosing. Weld County requires permission of current owners to make application for the special use permit. The signatures below indicate approval to make the application with Weld County. Thank You, 1 L �.. ` k.a..asro 3a o7 on n Da Gayle Greene 'ate 7785 Highland Meadows Parkway _ . dig Windsor,Colorado 80528 I THE irrGROUP Office: (970)226-0700 —®'"� MIS a INC. Fax: (970)229-5727 Real Estate The printed portions of this form have been approved by the Colorado Real Estate Commission.(CBS I-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 (RESIDENTIAL)(NEW LOAN) Date: February 25, 2004 1. AGREEMENT. Buyer agrees to buy and the undersigned Seller agrees to sell the Property defined below on the terms and conditions set forth in this contract. 2. DEFINED TERMS. a. Buyer. Buyer, Gary Vander Nal Carol Vender Nal will take title to the real property described below as 0 Joint Tenants O Tenants In Common O Other n/a b. Property.The Property is the following legally described real estate 9017A PT Sze 9-5-64 r.0T B EEC ZXOBT RR-2208 AKA n3G83070.67' PBARIN COP 862D13.3 790.45' 80006'3 626.06' 862D13'Z 330. 80D06'Z 1038.26' N56D14'N 1196.42 N1521.33. TO BCC in the Cbunty of Weld _ ,Cobmdo,ceeimonly known as No. 26500 NCR 388 Kersey Colorado 80644 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 I §5a Loan Application Deadline March 05, 2004 --- 2 It5b Loan Conuniunent Deadline April 09, 2004 3 6 Sc Buyer's Credit Information Deadline n/a 4 §5c Disapproval of Buyer's Credit Deadline n/a 5 §3d Existing Loan Documents Deadline n/a 6 65d Obictionto Existing Loan Deadline n/a 7 65d Approval ofLoanTranster Deadline n/a 8 §6a Appraisal Deadline April 09, 2004 9 fi7a Title Deadline March 12, 2004 10 §7a Survey Deadline April 14, 2004 II §7b Dowment Request Deadline March 16, 2004 12 §7c,§8a Governing Documents te Title Objection Deadline March 19, 2004 13 6 8b Off-Record Matters Deadline March 16, 2004 14 §lib Off Record Matters Objection Deadline March 19, 2004 I5 §8e Right of First Refusal Deadline n/a 16 ' 10 Seller's Property Disclosure Deadline 1 February 27, 2004 17 ' 10a Inspection Objection Deadline March 11, 2004 18 I0b Resolution Deadline March 15, 2004 19 ' II Closing Dale April 23, 2004 20 ' 16 Possession Date April 23, 2004 21 ' 16 Possession Time at time of closing 22 C 28 Acceptance Deadline Date February 26, 2004 23' 628 Acceptance Deadline Time 5:00 P.M. a/a a/a n/a n/a n/a n/a n/a n/a a/a n/a n/a n/a d. Attachments. The following exhibits,attachments and addenda are a part of this contract: 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 not applicable. 3. INCLUSIONS AND EXCLUSIONS. a. The Purchase Price includes the following items(Inclusions): (1) Fixtures If attached to the Property on the date of this contact,lighting,heating,plumbing ventilating,and air conditioning fixtures, TV antennas,inside telephone wiring and connecting blocks/jacks, plants, minors, floor coverings, interean systems,built-in kitchen appliances,sprinkler systems end controls,built-in vacuum systems(including accessories),garage door openers including three remote controls;and n/a (2) Other Inclusions. If on the Property whether attached or not on the date of this contact storm windows,storm doors,window and porch shades, awnings, blinds, screens,window coverings,curtain rods, thu ry rods, fireplace insert, fireplace screens,fireplace grates, heating stoves,storage sheds,and all keys. Check aplicable box(es)if included: Ll Water Softeners, 0 SmdedFire Detectors, 0 Security Systems, Is,Satellite Systems(including satellite dishes and accessories);and PREPARED BY AGENT:Jack Taylor,Broker Aeaaclatspamyr CBS 1-649,Contract to Buy and Sell Rey ESN.(Residential),6/3I99.Colorado Real Estate Commission ReSFA$T 02004,Version Grow,8.13.Software Registered to:Sharon Ferguson,The gp,Inc. Buyar(sCAI 02/25/041a:35:53 Pagel ot 8 window coverings, gas range"'+^elf cleaning oven, dishwasher, refrigera'� the. washer, clothes dryer, microwave, garage do putter, garbage disposal,fence panels in plat .ropane tank (3) Parking and Storage Facilities.The use of the followingpicking facility(ies): n/a , and the following storage facilities: n/a . (4) Water Rights.The following legally described water rights: o/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). Any water rights shall be conveyed by a/a deed or other applicable legal instruments(s). a Exclusions.The following attached fixtures are excluded from this tole: seller's personal property 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 I §4 Purchase Price S 600,000.00 2 44a Earnest Money S 5,000.00 3 44b New Lean 200,000.00 4 44c Assumption Balance n/a S 44d Seller or Private Finandne a/a 6 44e Cash at Closing 395,000.00 7 TOTAL S 600,000.00 $ 600,000.00 a. Earnest Monev.The Earnest Money set forth in this Section,in the farm of personal check ,is pan payment of the Purchase Price and shall be payable to and held by The Group, Inc- ,in its trust account,on behalf of 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. Buyer shall obtain a new loan set forth in this Section and as follows: 0 Conventional UFHA ❑VA O Other n/a This loan will be secured by a 1st (1st,2nd,etc.)deed of trust. The loan may be increased to add the cost of mortgage insurance, VA funding fee and other items for a total loan amount not in excess of $ 200,000.00 ,which shall be amortized over a period of 15 yeats at approximately S 1,560-59 per month including principal and interest not to exceed 4.875 %per annum,plus,if required by Buyer's lender,a monthly deposit of 1/12 of the estimated annual real estate taxes,property insurance premium,and mortgage insurance premium.If the loan is an adjustable interest rate or graduated payment loan, the monthly payments and interest rate initially shall not exceed the figures set forth above. Loan discount points,if any,shall be paid to lender at Closing and shall not exceed 1.0 % of the total loan amount Notwithstanding the ban's interest rate,the first n/a loan discount points shall be paid by n/a and the balance,if any,shall be paid by his Buyer shall timely pay Buyer's loan costs and a loan origination fee not to exceed n/a %of the loan amount. c. Assumption. [Omitted-Not Applicable] d. Seller or Private Financing.[Omitted-Not Applicable] e. Cash at Closing. 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 dhedr,savings and loan teller's check and cashier's check(Good Funds). 5 FINANCING CONDITIONS AND OBLIGATIONS a. Loan Applcatlou. If Buyer is to pay all or pan of the Purchase Price by obtaining a new loan,or if an existing loan is not to be released at Closing,Buyer,if required by such lender,shall make written application by Loan Appliadon Deadline (§2c). Buyer shall cooperate with Seller and lender to obtain loan approval,diligently and timely pursue same in good faith,execute all documents and furnish all information and documents required by lender,and,subject to§4,timely pay the costs of obtaining such loan or lender consent.Buyer agrees to satisfy the reasonable requirements of lender,and shall not withdraw the loan or assumption application,nor intentionally cause any change in circumstances • which would prejudice lender's approval of the loan application or funding of the loan. b. Loan Commitment. If Buyer is to pay all or part of the Purchase Price by obtaining a new lean as specified in§4b,this contract is conditional upon Buyer obtaining a written loan commitment including,if required by lender, (1) lender verification of employment,(2)lender approval of Buyer's credit-worthiness, (3) lender verification that Buyer has sufficient funds to close,and(4) specification of any remaining requirements for funding said loan.This condition shall be deemed waived unless Seller receives from Buyer,no later than Loan Commitment Deadline(§2c),written notice of Buyer's inability to obtain such loan commitment.If Buyer so notifies Seller,this contract shall terminate. IF BUYER WAIVES THIS CONDITION BUT DOES NOT CLOSE,BUYER SHALL BE IN DEFAULT. c. Credit Information. [Omitted-Not Applicable] d. Existing Loan Review. [Omitted-Not Applicable] C APPRAISAL PROVISIONS a. Appraisal Condition. ❑ (I) No Appraisal Condition.This subsection a.shall not apply. ❑ (2) FHA. It is expressly agreed that notwithstanding any other provisions of this contract,the Purchaser(Buyer) shall not be obligated to mmplele the purchase of the Property described herein or to incur any penalty by forfeiture of can money deposits or otherwise unless the Purchaser (Buyer) has been given in accordance with HUD/FHA or VA requirements a written statement by the Federal Housing Commissioner,Veterans Administration,or a Direct Endorsement lender setting forth the appraised value of the Property of not less than s n/a .The Purchaser(Buyer)shall have the privilege and option of proceeding with consummation of the contract without regard to the amount of the appraised valuation.The appraisal valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban Development will insure HUD does not warrant the value nor the condition of the Properly. The Purchaser(Buyer)should satisty himself/herself that the price and condition of the Property are acceptable. O (3) VA. If Buyer is to pay the Purchase Price by obtaining a new VA-guaranteed loan, it is agreed that, notwithstanding any other provisions of this contract,Buyer shall not incur any penalty by forfeiture of earnest money or otherwise be obligated to complete the purchase of the Pmpeny described herein, if the contract Purchase Price or cost exceeds the reasonable value of the Property established by the Veterans Administration. Buyer shall, however, have the privilege and option of proceeding with the consummation of this contract without regard to the amount of the reasonable value established by the Veterans Administration. 0 (4) Other. Buyer shall have the sole option and election to terminate this contract if the Purchase Price exceeds the Property's valuation determined by an appraiser engaged by buyer'a leader .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 before the Appraisal Deadline(§2c).If Seller does not receive such wraen 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 0 Buyer O Seller. PREPARED BY AGENT:Jeri Taylor,Broker AaaoctamParhw CBS 1-9.99. //too/B�uyy and Sell Real Estate(Residential)81.1199.Colorado Real en.Cpmfeaim sresonFl Ti�T ' Verwh 6.13.Software Registered to:Stamm Ferguson.The Group,Inc. 02/25/04 18:35:53 Papa 2 or a Sasw(s) 7. EVIDENCE OF TITLE a. Evidence of Title;Sun .a before Title Deadline (§ 2c),Seller shall cause to be.. shed to Buyer,at Seller's expense, a current commitment for owner's title insurance policy in an amount equal to the Furthest Price or if this box is checked, ®An Abstract of tide certified to a current date If a title insurance commitment is famished,it ®Shall Cl Shall Not commit to delete or insure ova the standard exceptions which relate to: (1) parties in possession, (2) unrecorded easements, (3) survey matters, (4) any unrecorded mechanics'liens, (5) gap period(effective date of commitment to date deed is recorded),and (6) unpaid taxes,asvroamets and unredeemed tax sales prior to the year of Closing. Any additional premium expense to obtain this additional coverage shall be paid by Seller. An amount not to acted S 150.00 for the cost of any improvement location certificate or survey shall be paid by 0 Buyer 0 Seller. If the cost aceeds this amount,Buyer shall pay the excess on or before Closing unless Buyer delivers to Seller or Listing Company,before the improvement location certificate or survey is ordered,Buyer's written notice allowing the exception for survey matters. The improvement location certificate or survey shall be received by Buyer on or before SurveyDeadline (§ 2c). Seller shall cause the tide insurance policy to be delivered to Buyer as soon as eradicable at or after Closing. b. Copies of Exceptions.On or before Title Deadline (§2c),Seller,at Seller's expense,shall famish to Buyer,(1)a copy of any plats. declarations,covenants,conditions and restrictions burdening the Property,and(2)if a tide insurance commitment is required to be furnished,and if this box is checked 0 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 famish 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 tide insurance commitment,together with any copies or summaries of such documents furnished pursuant to this Section,constitute the title documents(Title Documents). c, Common Interest Community Govern JIM Documents 0 (1) Not Applicable. This subsections.shall not apply. ❑ (2) Conditional on Buyer's Review. Seller shall cause to be furnished to Buyer,at Seller's expense,on or before Title Deadline (§2c)a current copy hr'the owner's association declarations,bylaws,roles and regulations,party wall agreements(herein collectively'Governing Documents'),most recent financial documents consisting of(a)annual balance sheet,(b)annual income and expenditures statement,and(c)annual budget(herein collectively"Financial Documents"),if any. Written notice of any unsatisfactory provision(s)in any of these documents signed by Buyer,or on behalf of Buyer,and given to Seller on or before Governing Documents Deadline, [which is the sane as Title Objection Deadline (§ 2c)], shall terminate this contract. If Seller does not receive written notice from Buyer within such time,Buyer accepts the terms of said documents,and Buyers right to terminate this contract pursuant to this subsection is waived,notwithstanding the provisions of§Sd. ❑ (3) NotCaoditlonal on Review. Buyer acknowledges that Seller has delivered a copy of the Governing Documents and Financial Documents.Buyer has reviewed them,agrees to accept the benefits,obligations and restrictions which they impose won the Property and its owners and waives any right to terminate this contract due to such documents,notwithstanding the provisions of§8d. 8. TITLE. a. Title Review. Buyer shall have the right to inspect the Tide Documents,Written notice by Buyer of unmerchamability of title or of any other unsatisfactory title condition shown by the Tide Documents shall be signed by or on behalf of Buyer and given to Seller on or before Tide Objection Deadline (§ 2c),or within five (5) calendar days after receipt by Buyer of any Title Document(s)or endonement(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 ea Shown by the Public Records Seller shall deliver to Buyer,on or before Off-Record Maker Deadline (¢2e)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 maters 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 perty(ies)has any right in the Property not shown by the public records(such as an unrecorded easement,mrrecorded 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 MattersObjection Deadline(§2c).If Seller does not receive Buyer's notice by said date,Buyer accepts title subject to such rights,if any,of third parties of which Buyer has actual knowledge. c. Special Toxins Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL • LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES.BUYER SHOULD INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION INDEBTEDNESS OF SUCH DISTRICTS, EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH INDEBTEDNESS,AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES. In the event the Property is located within a special taxing district and Buyer desires to terminate this contract as a result,if written notice is received by Sdier on or before Off-Record MattersObjection 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 unmerohantability of title or any other unsatisfactory title condition(s)or commitmenttemns as provided in§8 a orb above, Seller shall use reasonable effort to correct said items and bear any nominal expense to correct the sane prior to Closing.If such unsatisfactory title condition(s)are rot 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. Right of First Refusal. If the Governing Documents require written approval of the sale contemplated by this contact or waiver of any option or right of fast refusal by the owners'association or any other owner in the owners'association,Seller shall timely submit this contract and request approval of the sale or waiver of any option or right of first refusal pursuant to such provisions. If no midi approval or waiver is obtained on a before Right ofFint Refusal Deadline (¢2c),this contract shall terminate. Buyer agrees to cooperate with Seller in obtaining the approval end/or waiver if required by the applicable Governing Documents and shall make available such information as the owners'association may reasonably require. f. Title Advisory. The Tide Documents affect the title, ownership and use of the Property and should he reviewed carefully. Additionally,other matters not reflected in the Title Documents may affect the title,ownership and we of the Property,including without limitation botmdary lines and encroachments,area, zoning,unrecorded easanents and claims of easements, leases and other unrecorded agreements, and various laws and governmental regulations concerning land use,development and environmental matters. THE SURFACE ESTATE MAY BE OWNED SEPARATELY FROM THE UNDERLYING MINERAL ESTATE,AND TRANSFEROR THE SURFACE ESTATE DOES NOT NECESSARILY INCLUDE TRANSFER OF THE MINERAL RIGHTS.THIRD PARTIES MAY HOLD INTERESTS IN OIL, GAS, OTHER MINERALS,GEOTHERMAL ENERGY OR WATER ON OR UNDER THE PROPERTY,WHICH INTERESTS MAY GIVE THEM RIGHTS TO ENTER AND USE THE PROPERTY. Such matters may be excluded from the tide insurance policy.Buyer is advised to timely consult legal counsel with respect to all such matters as there are strict time limits povided 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 mare 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 pia to the parties signing this contract. PREPARED BY AGENT:Jack Taylor,Broker Assoclete/Perbwr CBS 1-9-D9, 10 Buy and Sall Reel ERAS(Residential).69199.Colorado Reel Estate Commission RetlFAS •/�O2004,Version 6.13.Software Registered lo:Sharon Ferguson.Fergu .The Group,Inn Buyr(a) C ^I/V) 02/25/0118:35:53 Pape 3 of a 10. PROPERTY DISCLOSURE"' PECTION. On or before Seller's Property Disebsure a ,§2c),Seger agrees to provide Buyer with a Seller's Property Disdosun h completed by Seller to the best of Seller's current actual Imo, e a. Inspection Objection Desdtme. 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 cared(Notice Correct). If written notice is nor received by Shcer on or before Inspection Objection Deadline (§2c),the physical condition of the Property and Inclusions shall be deemed to be satisfactory to Buyer. b. ResolutioaDeadline. If a Notice to Correct is received by Seller and if Buyer and Seller have not agreed in writing to a settlement thereof on or before ResuhrtionDeadllne (§2c),this contract shall terminate one calendar day following the ReacbtlonDeadline (§2c),unless before such termination Seller receives Buyer's written withdrawal of the Notice to Cared. c. Damage;Liens;Indemnity. Buyer is responsible for payment for all inspections,surveys,engineering reports or for any other work performed A Buyer's request and shall pay for any damage which occurs to the Property and Inclusions as a result of such activities.Buyer shall not • permit claims or liens of any 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 my liability,damage,cost or expense incurred by Seller in connection with any such inspection,claim,or lien.This indemnity includes Seller's right to recover all costs and expenses incurred by Seller to enforce this subsection,including Seller's reasonable attorney fees.The provisions of this subsection shall survive the termination of this contract II. CLOSING. Delivery of deed(s)flora Seller to Buyer shall be a Closing(Closing).Closing shall be on the date specified as the Closing Date(§2c)or by mutual agreement at an cart kr date.The hour and place of Closing shall be as designated by The Group, Inc. 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,tide shall be conveyed free and dear of all liens,including any governmental liens for special improvements installed as of the date of Buyer's signature hereon,whether assessed or not. Title shall be conveyed subject to: a. those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with§8a[Title Review], b. distribution utility easanents(including cable TV), c. those specifically described rights of third pates not shown by the public records of which Buyer has actual knowledge and which were accepted by Buyer in accordance with§lib[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 1. other n/a 13. PAYMENT OF ENCUMBRANCES. My 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 0 One-Half by Buyer and One-Half by Seller O Buyer O Seller O Other a/a My fees incident to the transfer from Seller to Buyer assessed on or on behalf of the owners'association shall be paid by O Buyer ❑Seller. The local transfer tax of Ws_%of the Purchase Price shall be paid at Closing by O Buyer O Seller. My sales and use tax that i-. may accrue bemuse of this transaction shall be paid when due by ❑Buyer U Seller. 15. PROBATIONS The following shall he 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 O The Taxes for the Calendar Year Immediately Preceding Closing ®The Most Recast Mill Levy and Most Recent Assessment O Other a/a b. Rents.Rents based on ®Rents Aetuagy Received O Accrued.Security deposits held by Seller shall be credited to Buyer.Seller shall assign all leases to Buyer and Buyer shall assume such leases. c. Association Assessments. Current regular owners'association assessments and association dues. Owners'association assessments paid in advance shall be credited to Seller at Closing Cash reserves held our of the regular owners'association assessments for deferred maintenance by the owners'association shall not be credited to Seller except as may be otherwise provided by the Governing Documents.Any special assessment by the owners'association for improvements that have been installed as of the date of Buyer's signature hereon shall he the obligation of Seller.Any other special assessment assessed prior to Closing Date(§2c)by the owners'association shall be the obligation of ❑Buyer D Seller. Seller represents that the amount of the regular owner association assessment is currently payable at S n/a per n/a and that there are no unpaid regular or special assessments against the Property except the current regular assessments and except n/a Such assessments are subject to change as provided in the Governing Documents.Seller agrees to promptly request the owners'association to deliver to Buyer before Closing Date (§2c)a current statement of assessments against the Property.Any fees incident to the issuance of such statement of assessments shall be paid by O Buyer O Seller. d. Loan Assumption-MostgageInsuraaa FHA or Over mortgage insurance premium, if any, O Shall O Shag Not be apportioned to Closing Date(§2c).My such amount shall be apportioned as follows: n/a e. Other Proration Water,sewer changes;and interest on continuing loan(s),if any;and n/a f. Final Settlement.Unless otherwise agreed in writing,these Rorations shall be final. 16. POSSESSION.Possession of the Property shall be delivered to Buyer on Possession Date and Possession Time(§2c),subject to the following lease(s)or tmancy(s): Buyers to work out a temporary lease with current teammate, Todd 6 Ariati Cocaine, prior to April 16, 2004. 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 n/a per day from the Possession Date(§2c)until possession is delivered. Buyer 0 Does O Does Not represent that Buyer will occupy the Property as Buyer's principal residence. 17. NOT ASSIGNABLE. This contract shall not 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 IS. CONDITION OF,AND DAMAGE TO PROPERTY AND INCLUSIONS Except as otherwise provided in this contract,the Property, Inclusions or both shall be delivered in the condition existing as of the date of this contract,ordinary wear end 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 stun,this contract may be temdmted 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, PREPARED BY AGEMT:Jack Taylor,Barer Asaodampamur CBS 1-940,Canal to lag and SW Rat Estate(ReritlsXmk 6/3/99.Comad)Reel Estate Commission RaIFNT p,27p,pia Ysnwn 6.13.Software Registered to:Sloan Ferguson,The Group,Inc. Buys( l/R) 02125104 la:36:53 Page Colt Swap) for all the insurance proceeds resulting' damage to the Property and Inclusions payable to Seller" .owners'association,if any,plus the amount of any deductible provide° .n,,,.ch insurance policy,such credit not to exceed the total Pw ;trice. b. Da mate;Inclusions;Services.Should any Inclusion(s)or service(s)(including systems anti componerls of the Property,e.g.Mating, 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 Indusion(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, less any insurance proceeds received by Buyer covering such repair or replacement.Seller and Buyer are aware of the existence of pre-owned home warranty programs which may be purchased and may cover the repair or replacement of some Indusion(s). c. Walk-Throuth;VerificationofCoodkhon. Buyer,upon reasonable notice,shall have the right to walk through the Property prior to Closing to verify that the physical condition of the Property and inclusions complies with this contract. 19. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document,Buyer and Seller acknowledge that the Selling Company or the Listing Company has advised that this document has important legal consequences and has recommended the examination of title and consultation with legal and tax or other counsel before signing this contract. 20. TIME OF ESSENCE AND REMEDIES.lime is of the essence hereof.If any note orchedc 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 De6 Wt. (1) Specific Performance.Seller may elect to treat this contract as canceled,in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller,and Seller may recover such damages as may be proper,or Seller may elect to treat this contact as being in full force and effect and Seger shall have the right to specific perfmnanceordamags,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 SELLER'S SOLE AND ONLY REMEDY for Buyer's failure to perform the obligations of this contract.Seller expressly waives the remedies of specific performance and additional damages. b. If Seller is in Default. Buyer may elect to treat this contract as canceled,in which case all payments and things of value received hereunder shall be returned and Buyer may recover such damages as may be proper,or Buyer may elect to treat this contract as being in 611 force and effect and Buyer shall have the right to specific performance or damages,or both. e. 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 Cloning,and is net resolved,the parties shall first proceed in good faith to submit the mane?'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 cent 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 required 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 terminated,all payments and things of value received hereunder shall be returned and the parties shall be relieved of all obligations hereunder,subject to§§10c,21 and 22. 24. ADDITIONAL PROVISIONS. (The language of these additional provisions has not been approved by the Colorado Real Estate Commission.) Seller and Buyer acknowledge and agree that any interest accruing on earnest money deposited with the r^'^ Brokerage Biro or the Closing Company in this transaction shall be transferred to a fund established for the purpose of providing affordable housing to Colorado residents. This contract is contingent upon the Buyer receiving the homeowner's insurance binder on said property prior to the Inspection Objection Deadline. This contract is contingent upon Buyer completing the sale of Buyer's property located at 7825 Highway 34, Windsor, Colorado on or before April 23, 2004. If closing does not occur by said date, this contract shall terminate. Buyers have a contract for the purchase of 7825 Highway 34 in effect and are prepared to close on or before April 23, 2004. Buyer may obtain alternative financing terms provided that: 1) Seller's net proceeds are not negatively affected, and 2) The Buyer's ability to qualify for Buyer's financing is not negatively affected. Buyers hereby acknowledge that the property described herein is located within a 100 year flood plain or the city flood plain new mapping and that any additional flood insurance coverage required by the lender shall be paid by the Buyers. Seller agrees to provide Buyer with a copy of the septic tank pumping receipt and the system cleaners checklist dated within two years of the closing date at Seller's expense on-or before April 9, 2004. 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 teens 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 0 May 0 May Not beevidenced by facsimile Documents with original signatures stall be provided to the other party at Closing,or artier 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 receive,notice of acceptance pursuant to§27 on or before Acceptance Deaden 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 cleaned to be a hill and complete contract between the pasties. PREPARED BY AGENT:Seek Taylor,Broker AsaoeleWPaNw COS 14-99. vy tiro Buy v ni 81 Estate Software (Residential),Sto:S.CobFer Reel Estate Commission %WFAa O2004,Varaim 9.15.Somvmfa Registered to:Sturm Ferguson,The Group,Inc. gYyM( tit LWk 02/1510118:55:53 Pag8a18 SaYr(e) ,y�� / //'/ DATE 2 z5/ o �/ DOTER !'(:fj/N( (14 (ii t/( vender W 7825 O8 Highway 34 , Windsor, CO 80550 Roam 9: 6170-686-7672.t� BCoue t: 970-686-7983 ENTER I•• dAki/ 01 (id DATE J--? 5—pc/- Carol Vander Mal 7825 O8 Highway 34 , Windsor, CO 80550 Rue 0: 970-686-WIT —19110.1cJ [NOTE: If this offer is being countered or rejected,do not sign this document. Refer to§29] BELLHR DATE Ron H Greene 16277 Hwy 144, Tort Horgan, CO 80701 Roma 0: 970-867-8879 SELLER DATE Gayle Greene 16277 Hwy 144, Tort Morgan, CO 80701 , Hue e: 970-867-8879 n 29. COUNTER:REJECTION.This offer is gp,Coustered 0 Rejected. ny�f�� Initials only of party(Buyer or Seller)who count ed or rejected offer 601.000`-' f�, END OF CONTRACT Note:Closing Instructionsshould be signed on or before Title Deadine. BROKER ACKNOWLEDGMENTS.The undersigned Broker(s)acknowledges receipt of the Earnest Money deposit specified in t 4 and,while not a party to the contract,agrees to cooperate upon request with any mediation conducted under§2 I. The Listing Broker(or,in the cave of a one person firm,the Listing Finn is a 0 Seller's Agent®Transaction-Broker in this transaction. The Selling Broker(or,in the case of a one pasan firm,the Selling Finn is a❑Buyer's Agent 0 Seller's Agent ®Transaction-Broker in this transaction. BROKERS'COMPENSATION DISCLOSURE. Selling Broker or Selling Firm's compensation or commission is to be paid by: 0 Buyer 0 Seller 0 Lktlg Firm 0 Other nia (To be completed by Listing Finn) Listing Firm's compensation or commission is to be paid by 0 Buyer ®Seller 0 Other A/a Selling Broker/Firm: The Group, Inc. 7785 Highland Meadows Parkway Windsor, Co 80528 Phone: 970-226-0700, lax: 970-229-5727 By: 1111 oa-ac-ogq signature Jack Taylor Date Listing Broker/Firm: The Group, Inc. (NaneofBroker/Finn) By: Signature Date Listing Broker/Finn's Address: 7785 Highland Meadows Pkwy Windsor, CO 80528 Listing Broker/Firm's Tdephme No: 970-229-5422 Listing Broker/Firm's Fax No: 970-229-5727 PREPARED BY AGENT:back Tryor,Broker MeociahNanrw CBS 1499,Contract to Buy and Bak Rail Estate(Rseidrrad).8/3199.Colorado Real Eitela Corse alO1 RaaEAST•Software.O2004,Version 6.13.Software Registered to:Sham Ferguson.The Group,Inc 02/25/04 18:35:53 Pavlof/1 r rig .....- ,2785 Highland Meadows Parkway Windsor,Colorado 80528 THE GROUP Office: (970)226-0700 —®"" • AILS INC. Fax: (970)229-5727 Real Estate '' THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. CLOSING INSTRUCI'IONS Inbrvary 25, 2004 I. Rees Greene Gayle Greene (Shca)ad Gary Vander dal Carol Venda Nal (Bayer)stage Security Title (axing Company). who agrees to provide closing .d seukmd services in connection with the closing of the following described red ante in the county of Weld .Colorado,to wit: 9017A PT 814 9-5-64 LOT B RIC Sm@T RR-2208 Ala 81683070.67' PROM la COB 862D13'R 190.45' 80006'8 626.06' 862013'S 330' 801306'1 1038.26' N56014'W 1196.42 11521.33' TO BIG also known as: 26500 NCR 388 Street Address jersey CO 80644 City Sum Zip 2. Closing Conine authorized to oborio iofumedox end soap to prepare, ado, dawn and raced dl documena excluding prepmtion of bgd dummied, necaswy to may out the loins and conditions of the Contract to Buy and Sell Real Elite, daed February 25, 2004 with any mmtapmposah and amendment attached (Conusc4 3. Closing Company will receive a fee tot to anted S 130.00 br peoviding these dosing and atlkmon seniors to hi the expense of one half buyer one half seller 4 Closing Campy is sWceved to maim funds sod to dabase what all feeds received its eider: avnlsle fir immediate wilhduwd as a matter of right ban the fouaal institution in which the Ands have been deposited is arc available fa immediate whhdrawd as a consequence of an agreement of a fimocid incitation in which the find we to be deposited ore fmsecial institution upon which the feuds are to be drawn "Good Funds'. 5. Closing Cmipny is not arthoived to rebut any documents or things of vibe prior to receipt and disbursement of Good Funds, except so provided in Sections 10 and I I. 6. Closing Company shall disburse all bas, including teal estate¢ Sian, except those feeds a may be sepeately di closed in wetting to Buyer .ed Seller by Closing Conran a Bones lender as or before cbing All panes agree that no me other than the disbutsa can more at payoff of loses on other disbursements will actually be mete wit receive the net prone& of closing as Skated' check at alas expense. 0 fm& electronicallyleandered(wire troffer) to an amunt specified by the Selo, at Seller's expend a AtClosing„Comsat nun &mount cheek. e Buyer std Seller wit &miah any additional information aid doornails required by Closing Cmpmy which will be necessary to complete this trosectm. . 9. Closing Company will promo and ddiver an scar complete sad detaled closing statmem to Byer and Sella at time ocloning 10. If closing des not acca. Closing Company, except as provided bean, is authorized and awes to re0rn all Bonded, mono, and things of value to the depositing parry and Closing Company will be retevd thin soy further day,responsibility or bbtlty in mmerliun with dime infuses In addition, any pmmasay mm, deed of trust, a other evidence of indebtedas signed by Buya, Ara be voided by Closing Company, with the aiginal(s) returned to Buyer and a copy to Buytfs lends. IL If any colleting demands we mete on the Closing Company, at is mole discretion. Closing Campmy may hold my monies, dmmeds, and things of value received from any pay except Byers lender. Closing Company loll rain such hen. mil (I) receipt of metal wdia. rm6ucdm nun Byer and Sebr,or(2)until&civil action between Buys and Seta shill hive been waved in&Can of competes jurisdiction;a(3)in the dmronn,Closing Company may, in its sok discatim.commence a dull anion to hooked,04 nmmlad in soy existing civil scat any dacuaenu,manes a other things of value received by Caring Company. Such deposit'with the Can shall nave Closing Company of all father liability aid responsibility and Closing Conpey shill hi entitled to is court coils al reasoabk Oman' fees. 12. These dosing iodation may he My amended a terminated by written bawd= signed by Boa Seller and Closing Canrany. 13. The 'Serial Revenue Service end the Colordo Deportment of Revenue may require Closing Caopmy to withhold a subdmial potion of the proceed of this sale when Seller either (a)is faeigo perm a (b) will not be a Cota.do raided ea closing Selo Gould inquire of Sdlen d advisor to determine if withholding applies a if a exemption exists. I. Spoial Instruction: n/a 15. These Closing Inmsetims may be executed by each Buys. Seller and Clang Company ndividaty and who etch Buyer, Seller ad Closing Company has executed a copy of these Closing moactbms, such copies taken together dial be deemed to be a MI ad complete nut between the pare r The printed portions al this boo have been approved by the Colorado Real EWY Commkslon(Cle-fag). PREPARED BY AGENT:Jack Taylor,Broker A..mWalpotaer 0.14-95. C. SING INSTRUCTIONS.Caoredo Red Estee Commi.aten Res" Vwabn 8.13.Senate Registered 10 Saran Ferguson,Tbs Group,Inc. Bunn frual 0225104 18:4155 Pecs 1 of 3 Saws) APPROVED AND 71CCEErED � � Cd.1 DATE 7-25-' r-7 WIER Gary Vander al 7825 08 Highway 34 , Windsor, CO 80550 Hose 9: 970-686-7572 0 Bus.II: 970-686-7983 I ROTC �h1 (Tadao, WSAQ OATH a5-o '/' Carol Vander Wal 7825 OS Highway 38 , Windsor, CO 80550 Bose 9: 970-686-7it 0'P BHLLHH i OATH Ion M 16 7 144, Port Morgan, CO 80701 Bose 9:197 67-8879 BH Ce�\ �� ��.C�L�IL.C O11SH �K��w Gayle O r 7 16277 Hwy 1 4, Port Morgan, CO 80701 Hose 9: 970-867-8879 man Cmpoy. Security Title By Tide Dun TO BE COMPLETED ONLY BY BROKER AND CLOSING COMPANY. a/a Broker engages Cadag Coassoy as Bmkeys Scriwoer to complex. Lr a fa oa m exceed $ S•"i Ca at the ode ises of Broker, Oe following legal documents: 0 Del 0 BiII of SYe ❑ Colorado Real Ease Cormivlm Approved Promissory Nee and U Colorado Real Estate Cannissioo Approved Deed of Ten The docwnem dated above shall Is subject to Bata review and approval mid Boka acknowledge eat Broker is responsible in the amray of the above documents. Clan Company Mall pay red alms convulsions atdiab, cmeot as blbwr Liming Company, The Group, Inc. paid by seller • 3.0% Sella Cmpay. n/a -by n/a n/a Yv Other "," � p—j n/a% Br L Bro Chun Company Dpip pa- as-Il. I ee The printed portions of as tore have been approved by the Colorado Real Eeaa Cnsaalaelan(CU-995). PREPARED BY AGENT:Jack Taylor.Broker AaaocatsPaNae CL&885. CLOSING INSTRUCTIONS.Colorado Real Estate Commission RadFASTT Soften O2004 Vardm 813.Santo Registered to:Sharon Ferguson,no Group.Inn 02425/04 15:41:55 Pager 2 01 2 I 74$5 Highland Meadows Parkway Windsor,Colorado 80528 THE CROUP INC. Office: (970)226-0700 ®� AILS • Fax: (970)229-5727 Real Estate THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. COUNTERPROPOSAL rebruary 26, 2004 RE Proposed contrast to buy and sell the following described real estate in the County of Wald Colorado,to wit: 90171 SST 514 9-5-66 LOT 8 BBC ISIDEPT RR-2208 AR/ 88083070.67' TROY a6 COR 362013'1 790.65' 30006'1 626.06' 562013.8 330' 80006'8 1038.26' H56D14'W 1196.42 11521.33' TO BIG known asNo.26500 VCR 368 Rereey Colorado 80644 Strait Addree City State Zip wad J bruary 25, 2004 between Ron M Greene Gayle Greene Seller,and Gary Vender'Mal • Carol Vander Hal Buyer. The undersigned accepts the proposed contract,subject b the following ssnendmmb: Purchase price to be $625,000.00 All other terms and conditions shall remain the same. This countapropaal shall expire unless accepted in writing, by Bayer and Sella, as evidence by their sigoarues below, and the offering party to this document receives notice of such acceptance on or before February 28, 2004 at 5:00 P.M. .If acceped, the proposed contract,as amended hereby,shall become a contras between Sella and Buyer. BtLTfR DATE Ron M Greene 16277 !hey 144, Wort Morgan, CO 80701 HOMO 9: 970-867-8879 801 DATE Gayle Greene 16277 Roy 144, Port Morgan, CO 80701 BO-SS/8: 970-867-8879 BOAR L&uua HATS — ( Gary VaaderEal 7825 08 Dray 34 , Windsor, CO 80550 Bowe 970-686/-7755�72Bnn..::/]970-686-7983 a Lath BOSBR ath Sae DMZ d-&6-ex( Carob Vendor Nal 7825 08 Highway 34 , Windsor, CO 80550 Bowe 8: 970-686-7572 N.B.When this counterproposal form is used,the proposed and is sotto be signed by the Party initiating this counterproposal. This counter- proposal must be securely attached to said proposed contract. The ptrd portions ci this farm,except lhYkJWNdaarentebd)adMlbne tam base approved by the Colorado Rea Erne CSSmlaatern. PREPARED BY AGENT:Jack Taylor,Broker AeeoelatelPuhwr No.CP4O'1-04.COUNTERPROPOSAL.Colorado Raat Estate Commission RaSFASTt 8dhwn.02004,Version 6.13.Softens Registered b:Shoran Ferguson,The Drop.bus Page 7 of 1 o2neto408:13:48 •••-. TO;L4Ti.� ... P:212 FEB-26-2004 12:5BP PROM: .� Ns Offices 970)226L.Olattle suosn QHian(970)326.070U �--�I. T wa Fat(970)229-5727 Rai Eon .so Yaa nu MacAM MUM mRmwu.w ms mama woos moral twos.+w Twat a was canna=ors aaca COUndPROVOSAL mammy it NM IR 1y.aa ammo a bey Ra.t as IM MO{Slam w as Y.re Cm* >ve wawa.._• . • Catmere inn.n at Ft-00 ass a SIC CART RUMENS AO.aeaaan.al• Tam Of mt seen a tat 45. BMWs 01.55• a.taa•* me. Ym55•t 3031.54• slats'.115..0 wan-sr se sae tamer and MOO as 555 MOW sear= 55000 emss5.a w tam a Md aawam O- Mal Sae am*Maas MTL.. Ma.a It and ..al l..aa w Came .aea1..t 5.saaa Rte.W Is Met Vat MI At s NSW b a is wat mm r mm 111 almr.9sil Wt esic are mama I. etre b Papa W Mde a b•••a Mew. - a arty 1.4 a is Imam *Mir m.t4 a ,s mama amIda B1 ° ! _.WIS.rmime meana as am.aYl.b.ayy.WII Mama a maim Seem kW.ma ae if TITS a, m 59105 M00 ant a ♦ amt a Ji. 0....5 M map la Wry... W 55755 Me H Me VI VI � ma 1-RIs Mat .. OM" ( "CrfG_a ary lot a 9 1ns..as. m a t t1-I, Sae ms, Rt aF1fYa -Malt NM a-ar ... ro�l M.a Swat wn alai a i.0ady 55 . amIsn. OP 00559 mama 41 550 HI-mn . aA WIa,W.arammese dam.W.ea rumor maw.a r be Slab m NIP MIMI m a'•mpotd 150 Mors uap&mo MMap meat said~and mina plower.Perm aamrr mMaaa maim,a 550.109m bacar0.Ma0aa Gswaa a.MOM,a151111b1WICmOW CaredNS Add O,. a mY. a✓watMO.atVRM,Lp tee. ø - P. .n. lfl M, MOM Oran Pawl • Security Title Guaranty Company 3690 W 10th Street, Second Floor Greeley, CO 80634 970-356-3200 Fax 970-356-4912 Charges to be paid by Date File/invoice no. 03-30-04 UO4A539 Gary and Carol VanderWal Buyer Greene Seller Greene Customer attention Property address NA NA Customer reference Legal Description Lot B RE2208 NA Salesperson Thank You For Your Business! Your Charges Are As Follows: Certificate of Conveyance Invoice Total $ 125.00 Please Reference Invoice Number With Remittance CERTIFICATE OF CONVEYENCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUTY OF WELD The Security Title Guaranty Co. TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has been made a careful search o its records,and finds the following conveyances affecting the real estate described herein since August 30, 1972,and the most recent deed recorded prior to August 30,1972. LEGAL DESCRIPTION: Lot B of Recorded Exemption No.0963-9-4-RE 2208 being a part of the SE1/4 of Section 9,Township 5 North, Range 64 West of the 6th P.M. Weld County,Colorado,per map recorded October 20, 1998 as Reception No. 2647810. CONVEYANCES if none appear,so state) Reception No.2932366 ,Book 2002 Reception No.2759381 , Book 2000 Reception No.2744805 ,Book 2000 Reception No.2615120 ,Book 1998 Reception No. 2550511 ,Book 1608 Reception No. 2354206 ,Book 1405 Reception No. 1612532 ,Book 691 Reception No. 1582988 ,Book 661 Reception No. 1526621 ,Book 605 The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate s not to be constructed as an Abstract o Title no an opinion of Title,nor a guarantee of Title and the liability of Security title Guaranty company, is hereby limited to the fee paid for this Certificate. In witness Whereof, Security Title Guaranty Company,has caused this certificate to be signed by its proper officer this 30th day of March,2004,at 2:40P.M.. Security Title uazanty Company By: �f uthorized Signature Security Title Guaranty Co. 3690 W. 10th St.,2nd Floor Greeley,CO 80634 (970)356-3200 •FAX(970)356-4912 Toll Free: 1-888-825-3215 • 111111111111„ ism nil I1111 liii 111111 III Idle 11I viii 333_ 2932366 03/1112002 11:06A JA Suki Tgukamoto 1 of 1 R 5.00 D 62.50 Weld County CO Warranty Deed THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances(the 'property')from the individual(s).corporation(s),partnership(s),or other entity(ies)named below as GRANTOR to the individual(') or entity(ies)named below as GRANTEE. The GRANTOR hereby sells and conveys die property to the GRANTEE and the GRANTOR warrants the title to the property,except for(I)the lien of the general property taxes for the year of this deed,which the GRANTEE will pay(2)any easements and rights-of. way shown of record(3)any patent reservations and exceptions(d)any outstanding mineral interests shown of record (5)any protective covenants and restrictions shown of record(6)any additional matters shown below under"Additional Warranty Exceptions". and(7)subject to building and zoning regulations. D,F. $62.50 The Specific Term of This Deed Are: Crud and(Give name(U and puct(a)of residence;if the spouse of the owner-gnnter is joining in this Deed to release homestead rights,identify 8ramoes as husband and wife.) GEORGE J.NICHOLS HI AND TERESA E.NICHOLS Grantee: (Give name()and addreai(e):statement of address.including available road or meet number.) RON M.GREENE AND GAYLE F.GREENE Form of Co-Ownership: (If there are two or more groom named,they will be considered to rase u taassu hi common unless the wade'In joint tenancy'or wade of to some meaning are added in the space below.) JOINT TENANTS Property Decnpdmn (Include county and state.) Lot B of Recorded Exemption No.0963-9-4-RE 2208 being a part of the SE1/4 of Section 9,Township 5 North, Range 64 West of the 6th P.M.,Weld County, Colorado,per map recorded October 20, 1998 as Reception No. 2647810. Property Address: 26500 WCR 388 KERSEY COLORADO 80644 Condderatloo: (The summa oft dollar amount is oedaul,adequate ransidemonfor this deed will he pmeusad unless this conveyance is identified as a gift. In any case:his conveyance u absolute.find and unconditional.) SIX HUNDRED TWENTY FIVE THOUSAND AND 00/100 Reservadam-ResWetbm: (If No GRANTOR intends so reserve any interns in the property or to convey less than is mimed,of if the GRANTOR is restricting the GRANTEE'S right in the property,make appropriate hdimlon.) Additonal Warranty Exceptions: (Include deeds of scat being assumed and aim:mono not covered above.) Executed by the Grantor on MARCH 11. 2002 Signature for CerporetJ®,Paremelp or Mendelian dual !!! Name of Grantor: Corporation,Partnership or Association ROE J.N OIS 111 Grantor By � e4/.th ity EyTF➢ e A N • GE 1.NIC OJS 111 Is Attorney in pact Anest: STATE OF COLORADO ) n COUNTY OF WELD The foregoing instrument was acknowledged before me this I Ith day of MARCH, 2002 By GEORGE J.NICHOLS Ill AND GEORGE J.NICHOLS Ill AS ATTORNEY IN FACT FOR TERESA E.NICHOLS • WITNESS my hand and official seal. Te�� t RKsia& tidy aemenisyo MAY 28,2005 1 Lary Pu c STATE RY.PU 3 ss 1221 8TH AVE, - Y oat 80631 The u.e t, The e ' g instrumeit.Qa knowlWged before me this day of I LINDY (•sat lsadvidMRggpry or jf for is Corporation.Pannersbip or Association.Nen identity signers as president or vice president and secretary or tgpreecseary Y rportO' r as partner(')of partnership:or as authorized gimbals)of association) WITNE 4l raid .la seal. My Comm Notary Public o 1981 UPDATE LEGAL FORMS WCTC No.201-L QUITCLAIM DEED • THIS DEED,made this larch 28,2000 between GEORGE J.NICHOLS III end TERESA S.NICHOLS grantor(s),at GEORGE J.NICHOLS In end TERESA E.NICHOLS,sabad and wife,as' • tams whose legal address s:4465 E}lng St.,Wheel Env,CO 80033 of the Canty of Weld,and Stele of Colorado,patee(s). WITTiESSEI'H, That the grantor(s), for end in consideration of $10.00 and other god at valuable consideration,the receipt end'officiary of which is hereby acknowledged,hes/have remised,released,sold,conveyed and QUITCLAIMED,sod by these prams doer remise,release,sell,convey end QUITCLAIM onto the pamee(.), his/her heirs,wrcceesor and assigns,forever,all the right,Si.,nearest,clam end derma which the grantor(.)has/have in and to the oral property,together with all improvement,if any,situate,lying and being in the County of and State of Colorado,desonbed u follows: See Exhibit'A' attached hereto and incorporated herein. (CORRECTIVE DEED -NO DOC FEE REQUIRED) also known by street and number es: : Colorado Highway 388,Kersey,CO 80644 TO HAVE AND TO HOLD the seine,together with all and singular the epputsncee and privileges attached therawo belonging or in anywise theramto appertaining,at ell the estate,right,title,interest and claim whelseever,of the grantor(s),either in law or equity,to the only proper use,beefs and behoof of the pentee(s),his/her heirs and assigns forever. IN WITNESS WHEREOF,The grantor(.)has/have exeatted this deed on/the e date w/foCot h ab ove. Grantor: Gramor%aIQ/ c SWe of Cobras /////��___fffll _ County ogre,...) The . - was acknowledged befon ma thiPiay of//loch ,2000 by George J.Nichols III and Teresa E. Notary Public ,OF SrDtnt0ltles Egpa413* Name and Address of Parton Creating Newly Created Legal Deaorgdoo(53s-35-106J,C.A.S.) e' 04/0IIIillllll1111111111MittVIII 217.111111!1111111113/2000 04.19P JA Sub Tsakamolo ^ 1 1 at 2 R 10.00 D 0.00 Weld County CO ' F .. 2 r 2/7>PSP:,. Colorado Highway 388 LEGAL DESCRIPTION OP DEED DATED A tract of land located in the Southeast Quarter of Section 9, Township 5 North, Range 64 West of the 6th P.M., and being more particularly described as follows: Beginning at the North 1/4 Corner of said Section 9, Township 5 North, Range 64 West of the 6th P.M., and considering the North-South centerline of said Section 9 as bearing South 00'00.00' East and with all other bearings contained herein relative thereto; Thence South 00'00'00' East along the North-South centerline of said Section 9, 3,070.67 feet (record 3,083 feet) to a point on the South right-of-way of the County Road, which is the True Point of Beginning, thence South 62'13'58' East, 790.45 feet; thence South 00'06'13' East, 626.06 feet; thence South 62'13'58' East, 330.00 feet; thence South 00'06'13' East, 1038.26 feet: thence North 56'14'00' West, 1196.42 feet; thence North 00'00'00' East, 1521.33 feet (Record 1509.00) feet to the True Point of Beginning, County of Weld, State of Colorado • 1111111111111111111 I I 1111111111111111 I I 111111 I I I!ill, 2759381 04/03/2000 04:19P JA Sukl Tsukamoto 2 of 2 A 10.00 0 0.00 Weld County CO 4 it S t §Xm V• 7 C"tvt t' I� Qf A? WARRANTY DEED(CORRECTIVE) Grantor(s), ALL STATE FIRE PROTECTION, INC. whose address is 6045 E. 76th Avenue#12, Commerce City, CO 80022 for the consideration of the sum of THREE HUNDRED FIFTY-FOUR THOUSAND SEVEN HUNDRED SEVENTY AND 27/100(S354,770.27) Dollars, in hand paid, hereby sell(s)and convey(s)to GEORGE J. NICHOLS III and TERESA E. NICHOLS whose legal address is: 4465 !Opting Street 'SC, Sit of the City of Wheat Ridge, and State of Colorado the following real property in the the County of Weld, and State of Colorado, to wit: See Exhibit "A" attached hereto and incorporated herein. LAND AND UTILITIES ONLY. also known by street and number as: Colorado Highway 388, Kersey, CO 80644 with all its appurtenances, and warrant(s) the title to the same, subject to: Easements and restrictions of record. Signed this II day of N If47Ja" , 2000. ALL ST FIRE L',) BgITION, INC. S�� tor: Rayond Gibler, President State of Colorado )„ County of Jefferson ) The foregoing was acknowledged before me this 11th day of January, 2000 by Raymond Gibler, President, All State Fire Protection, Inc., grantor(s). My commission expires: 8-13-02 ,//�/' _- �'y/ Witness official seal. ,/Yl�/C6�G' `mot •I%&*!:i ry�" << ' Notary Public dis Name trod Address of Pe o Cn.dry Newly Crested Legal D..mnptwv(1Jl.35-106.5,C.R.s.) 1111111111111111111111111111 I I I 11111111 III 1111111 III I 2741806 01/18/2000 09:08A JA Suld Tsulamoto 1 0l 2 R 10.00 D 0.00 Weld County CO Ultrac:;t III 111111111 till EXHIBIT A 2744805 01/1812000 09:OBA .M Ovid Tsukamoto 2 of 2 8 10.00 D 0.00 Weld County CO Colorado Highway 388, 26500 LEGAL DESCRIPTION or DEED DATED JANUARY 11, 2000 HY AND SEMI= ALL STATE PIER PROTECTION, INC. AND GEORGE J. NICHOLS III aad TERESA E. NICHOLS A tract of land located in the Southeast Quarter of Section 9, Township 5 North, Range 64 West of the 6th P.M., and being more particularly described as follows: Beginning at the North 1/4 Corner of said Section 9, Township 5 North, Range 64 West of the 6th P.M., and considering the North-South centerline of said Section 9 as bearing South 00'00'00` East and with all other bearings contained herein relative thereto: Thence South 00'00'00' East along the North-South centerline of said Section 9, 3,070.67 feet (record 3,083 feet) to a point on the South right-of-way of the County Road, which is the True Point of Beginning, thence South 62'13.58' East, 790.45 feet; thence South 00'06'13' East. 626.06 feet; thence South 62'13.58' East, 330.00 feet; thence South 00'06'13' East, 1038.26 feet; thence North 56'14'00' West, 1196.42 feet; thence North 00'00'00' East, 1521.33 feet (Record 1509.00) feet to the True Point of Beginning, County of Weld, State of Colorado /rho 111111 1111 all MINION IIII 111111 III irnrn Bill 2615120 05/26/1668 02:30P Meld County CO 1 of 3 R 16.00 D 8.50 JR Suk1 Tnuk.moto WARRANTY DEED ... LAO tik-15Z eCjs THIS DEED, Made this day of ,19 '� 4 g Lc,5C betty J-' esobert L. Tillman and Lynn W. Tillman, Trustees of the Tillman Family Revocable. Trust of the County of and State of California grantor.and All State Fire Protection, Inc. whose legal address is 6045 E 76th Avenue 412, Commerce City, CO 80022 of the County of Weld and Stateof Colorado ,grantee: WITNESSETH,That the grantor,for and in consideration of the sum of SIXTY FIVE THOUSAND AND NO/100- DOLLARS,(665,000.00 ), 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 ,end State of Colorado, described as follows: See Exhibit 'A' attached hereto and incorporated herein- also known by street and number as Colorado Highway 388, Kersey, CO 80644 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 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 bereditaments 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 end convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants,bargains,sales,liens,taxes,assessments, encumbrances and restrictions of whatever kind or nature soever,except for taxes for the current year,a lien but not yet due or payable,easements,restrictions,reservations,covenants and rights-of-way of record,If any. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable posses- sion of the grantee,his heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF,the grantor has executed this deed on the date et forth above. BYrust rusrfnT„ 1 Lynn W. Tillman, Trust o heT3111ily Revocable Rob9;taL. l•an e y W. Ti lman,�ruetee• ('` �/�jN STATE OF es. COUNTY OF I The foregoing instrument was acknowledged before me this day of ,19 ,by Robert L. Tillman and Lynn W. Tillman, Trustees of the Tillman Family Revocable Trust. My Commission expires: Witness my hand and official seal. Notary Public WARRANTY DEED(for Photographic Reseed)Vaauune) Re x UOIra5RA9R Colorado Highway 388 r LEGAL DESCRIPTION OF DEED DATED A tract of land located in the Southeast Quarter of Section 9, Township 5 North, Range 64 West of the 6th P.M., and being more particularly described as follows: Beginning at the North 1/4 Corner of said Section 9, Township 5 North, Range 64 West of the 6th P.M., and considering the North-South centerline of said Section 9 as bearing South 00'00'00" East and with all other bearings contained herein relative thereto; Thence South 00'00'00" East along the North-South centerline of said Section 9, 3,070.67 feet (record 3,083 feet) to a point on the South right-of-way of the County Road, which is the True Point of Beginning, thence South 62'13'58" East, 790.45 feet; thence South 00'06.13" East, 626.06 feet; thence South 62'13'58" East, 330.00 feet; thence South 00'06'13' East, 1038.26 feet; thence North 56'14'00" West, 1196.42 feet; thence North 00'00'00" East, 1521.33 feet (Record 1509.00) feet to the True Point of Beginning, County of Weld, State of Calorado 1't 11111111111111111 Mai 11111����111111III11111II111111 2615120 05/25/1666 02:30P IMId County CO 2 of 3 R 16.00 D 6.00 !R Sul! Teukamote RIe#U0174AA98 • • MID-STATE BANK CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of SAN LUISOBISPO On J I g(t-t"(g before me, CARRIE STARK ,personally appeared nn�11-- Date Name. Title of Officer K.DLed L. 1 11I[i o, E.: Lion tVT1t II[4cn,( ] b�.personally known to me - OR - [41 proved to me on the Name(s)of.('igner(s) basis of sati .ctory evidence to the person(s) whose name(s) is e subscribed to the within instrument and acknowl-•• . to me that he/sh • a e xecuted the same in his/her/bO authorized ca... ' ies), and that by his/her/et ignature(s) on the instrument the person(s), _ _ _ 9 or the en ty upon behalf of which the person(s) acted, � ;, D executed the instrument. ;� •.,, ^�CARRIE STARK �� - COMM.#1066799 m WITNESS�'.�iZ -a+N0TARY PUBLIC-caurosrw Fi my hand and official seal. I� M;f BPNLUE3 e5JUCWNTY L� -R;:o My Caixn.E�Fes JWv 30,1999D i O aI *,n Pf s tenor «�\ n'''at t` ! t f G 5 ,,, ¢b u s a�'H, a y s Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPAC CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT Individual I [ ] Corporate Officer Tide(s) Title or Type of Document [ ]Partner(s) [ ]Limited 11'581-,) Deal [ ]General /Y NuntberofPages ( ttorney-in-Fact I [ Trustee(s) [ ]Guardian/Conservator Date of Document [ ]Other: ,' .^d^ Signer(s)Other Than Names Above Absent Signer(Principal)Ls Representing: Name of Person(s)or Entity(s) 1111111 MIN 111111 111111101 Ell 111111 III 11111 IIII IIII 2615120 03/26/1990 02:30P Weld County CO 3 of 3 R 16.00 C 6.30 JA Suitt Touksuwto ADM-005 (08/94) . . . .. . _ . . . . . . . . . . . . .. .. .. . .. . . _ . . . . . . . . . s1/ wxr RRCORDBD RLTVDN TO. MCAnany E Associates ^ P.O. Box 737 Boise, ID 83701-0737 2550511 B-1608 P-779 05/29/1997 04:14P PG 1 OF 3 REC DOC Weld County CO JA Suki Tsukamoto Clerk 6 Recorder 16.00 QUITCLAIM DEED GRANTORS, Robert L. Tillman and Lynn W. Tillman, husband and wife, for good and valuable consideration, the receipt of which is hereby acknowledged, do hereby REMISE, RELEASE and forever QUITCLAIM, unto Robert L. Tillman and Lynn W. Tillman, Trustees of the Tillman Family Revocable Trust, whose current address is 1056 W. Newfield Drive, Eagle, County of Ada, State of Idaho, as GRANTEES, and to Grantees' successors and assigns forever, all of the real estate situated in the County of Weld, State of Colorado, as follows: See Exhibit A attached hereto. TOGETHER with all tenements, hereditaments and appurtenances thereunto belonging. In construing this deed, and where the context so requires, the singular includes the plural and the masculine, the feminine and the neuter. IN WITNESS WHEREOF, Grantors have hereunto subscribed their names to this instrument this 175 day of �r , 1997.aekti tje Robert llmann L W. Tillman QUITCLAIM DEED - 1 -71111111111113111M11-- I I p. ^ 2550511 B-1608 P-779 05/29/1997 04:14P PG 2 OF 3 '� STATE OF IDAHO ) ss. County of Ada n ) On this / /6-day of PI , in the year of 1997, before me personally aplisawsa,,Robert L. TFllman, known or identified to me to be the p 4enLA�e names// is subscribed to the within instrument, e56 ed to me he executed the sarR I tie;2O1ARY i �.� * C t2* \ P0BI'5ti:._. 2 iO sk'�rEOF51, NO ry Public for Idaho flannM Residing at Boise, Idaho 1I My commission expires: 29 STATE OF IDAHO ) ss. County of Ada ) M On this /I - day of ' /-,}•�-" , in the year of 1997, before me personall a eared Lynn W. T%lman, known or identified to me �S`hL to be tl e'lpgx , whose name is subscribed to the within instrumen,�.and“ab404 ledged to me she ecuted th sam tie; rp'1' .„. 'i ¢ F* 11 i ,^ S * \ PUBVSC PO : ,y,0'r'«......'fte Not y Public for Idaho %,„jrr o‘0�` Residing at Boise, Idaho /// IIIMM•�' Idaho, My commission expires: QUITCLAIM DEED - 2 X111 1 Ii II1IIEHI , IT r-. 2550511 8-1608 P-779 05/29/1997 04:14P PG 3 OF 3 EXHIBIT A A trnet of land located in the Southeast- Quarter (SEI/4) of Section 9, Township 5 North, Range 64 West of the 6th P.N., Weld County, Colorado, and being more particularly described an follows, Beginning at the North Quarter Corder of said Section 9, Township 5 North, Range 64 Neat of the 6th P.H., and considering the North-South centerline of said Section 9 as hearing South 00'00'00" East and with all other bearings contained herein relative thereto: Thence South 00'00'00" East along the North-South centerline of said Section 9, 3,070.67 feet (record 3,063 feet) to a point on the South right-of-way of the County Road, which is the True Pbint of Beginning. Thence South 62'13'58" East, 790.45 feet; Thence South 00'06'13" East, 626.06 feet; Thence South 62'13'58";East, 330.00 feet; Thence South 00'06'1'3" East., 1038.26 feet; Thence North 56'14'00" West, 1196.42 feet; Thence North 00'00'00" East. 1521.33 feet (Record 1509.00) feet to the True Point of Beginning. County of Weld, State of Colorado. r QUITCLAIM DEED - 3 —7.111111all llJN I I — Ill II IIBIIM iJ ii�I nn __i� n'n * AR2357206 B ' 1� SC 02354206 10/11/93 15:06 mot' )0 1/002 F 33 MARY ANN FEUERSTEIN CLERK 6 REL.. JEII WELD CO, CO WARRANTY DEED THIS RDD J.ROME and FRAMy of OCTOBER, ffiL 1993 �.. of die Corny of WELD and Stale of COLORADO,grantor, and STATE D FEE ROBEgRT L.TILLMAN and LYNN W.TILLMAN STA /t // r 6°RRRLEY,COLORA address is DO WAGON TRAIL ROAD, = a 7.2a of the County or WELD and State of COLORADO,grantees: n s WITNESS, that the grantor, far and in consideration of the sum of SEVENTY-TWO THOUSAND AND0Bpakha DOLLARS, 017.000,00), the receipt and sufficiency of which is hereby admowtedged,has panted,bargained,sold and conveyed,and by these h' proem dots pant, bargain,sell,convey and confirm unto the pantos,their heirs and assigns forever,not ha rmncy in memoa I nt in join:homey,ell the real property,together with imptovemcoC,if any,strait,lying and being in the County of WELD,awl State of Colorado,deamied.,follows: LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT A AND BY THIS REFERENCE IS MADE A PART HEREOF. irk Q also known by street and number as VACANT LAND, COLORADO TOGETRIER with all and singular the heteebaments and appurtenances dammto belonging, orb'anywise apFraaining and the [evasion and reversions, remainder and remainders, rent, issues and profits thereof,and all the estate,right,title,mterest,claim and — dadd whatsoever h of the grantor, wirer m law or equity, of, in and to the above bargained premises,with the hemd'damm,and . 7D A E AND TO HOLD die said premises above bargained and deserted,with the appurtenance,unto the grantees.their kin and assigns forever. And the grantor,for himself.his heirs and personal repteaorbYvea,doer covenant,pant,bargain and agree to and with the pastes,their heirs and assigns,that at the time of the mualing and deliver,of these pr eats,he is well seized of the Rases above conveyed, has prod moo, perfect, abeohac and indefeasible estate of inhenuncc,in law,in foe simple,and has prod rgM,Adl power and lawful authority to paa,bargain,sell and convey sits same in manor and form aforesaid,and that the same aro fete and der from all forma and other pants, bargains, saes, Ems.4w,assessments,eaormMmaa and restrictions of wtalever bind creamy "-" miner Peep of abate Eros, current year,a 0then no t yet easements,or payable,easements,restrictions,restvafiom,mean and dile:of jf The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained rases in the quiet and peaceable possession of the gamma.their heist and Assigns.against all and every person or persons lawfully claiming the whole Cr any put thereof. The singular number shall include the plum?,the plural the singular,and the use of any gender shall be applicable to all genders. IN WHEREOF the rhuaccususseed this deed on the date sa form above. Chatk?g2-4. STATE OF COLORADO l o. COUNTY OF WELD Tbc fo ing internment was acknowledged before me this all day of OCTOBER,1993 by CLIFFORD J.ROME and FRANK (ip Y�per. . My commission spires: 1005-94 CJf `' W aft my / oQ�f(t.�1'/ts�eal. ///SWANGEaInl Y'�Yir /�/�{'llil•'v nosy Binh Ns.1121A.Rev.343 WAQMaY DEW Oa Seas leek) • 3 1405 PLC 02354206 10/11/93 15:06 $10.00 2/002 P 2194 MARY ANN FEDERSTEIN CLERK 6 RECORDER WELD CO, CO • EXHIBIT A • • • • A tract of land located in the Southeast• Quarter (SE1/4) of Section 9, Township 5 North, Range 64 Heat of the 6th P.M., Weld County, Colorado, and being mote • particularly described as follows: • Beginning at the North Quarter Cornet of said Section 9, Township 5 North, Range 64 West of the 6th P.N., and considering the North-South centerline of said Section 9 es bearing South 00'00'00" Eaet and with all other bearings contained herein relative thereto: • Thence South 00'00'00" East along the North-South centerline of naid Section 9, 3,070.67 feet (record 3,083 feet). to a point on the,South right-of-way,of the County Road, which is the True Pbint of Beginning. • Thence South 62'13'58" East, 790.45 feet; Thence South 00'06'13" East, 626.06 feet; Thence South 62'13'58" East, 330.00 feet; Thence South 00'06'13" East, 1038.26 feet; — Thence North 56'14'00" West, 1196.42 feet; Thence North 00700'00" East, 1521.33 feet (Record 1509.00) feet to the True Point of Beginning. County of Weld, State of Colorado. • • • • • • •• a - W ._ _ . .I rpo� -our r •Z'j� ++w-ex. MAY 31973 - -I_n' ...9 ax• _...- � ,•„ 4" i' sliib DNm,ahrah 3K "411, My .19 73 • • . . Yip y1 ',i . k - ' (-YARD I. Run a IICRN J. MITT' ? _ 1 " "i - - Stain Deaayn�ila�y-pea { C`. I tMe Dab riff,�ja lit.+ 1 ' o,:�t veld reertCataniatnrpmtpart.awl $ 0,7.E I t • N . - CLIFFORD J. ROM and FRANI ROOM P1 • DA dew C.nbt weld adaheet - et. Casa&of Oat mead put ,..p trl'insswH,nag U.um prt lee tY tine • .w p.0 tor Is teas ae•t other good S and valuable considerations end TRII (91A.00) DOLLARS .�" ha Da r4 part lead Se tier • saraband Yap paid b said part Sea t..eyed part tap,edp waned erer I.Y Si ear*eeAard at aeYwhaea{ban aaaha.Yepht,W r aea,at,at to See flees i 4 wart.Yep;St say awl nun%ale Y rid part Sea ct rap grad paetl0etr Mks awl mien fr. at _ o Men 42t gm*Daahe draedea ae r wet t had.Mora bete awl tube h d r ..- . o pear Y. weld _awl tadO••eaa•et o . CA truer of land located In W Sareha:.t Quarter (SE!/4) of Section !. Taaaafhip S fl- -r North, hinge 64 West of the 6th P.M., Weld County. Colorado, end being were Oarticulary - . ' 1! described as follows: M ) , � )beginning at the North Quarter Corner of said Section 9. Township S North. Range 64 j.. 'blest of the 6th P.M., and considering the North-South centerline of said Section 9 as eiE i bearing South 00° 00' 00' East and with all other bearings contained herein relative ;thereto; -Thence South 00' CO' 00" East along the North-South centerline of said Section 9. 3,070.67 feet (record 3,083 feet) to a point on the South right-of-way of the County !Road, which is the True Point of Beginning. ; - :Thence South 62' 13' 58' East, 790.45 feet; .; Thence South 00' 06' 13' East, 626.06 7eet; I Thence South 62' 13' 58' East. 330.00 feet; Thence South 00' 06' 13° East, 1038.26 feet; . - IThence North 56° 14' 00' West, 1196.42 feet; • Thence North 00' 00' 00' East, 1521.3: feet (Record 1509.00) feet to the True Point of �.:, . ( . Beginning. •I . ta ifs f, 1 L . . e • iIII : s } 1612532 } _i SOWN= a a and ib w alr the aaedhamsw S ad Warless taaats' se* Is e,sr area '� : .P .W w rersa_W rerads.raaaYsr W.aWan,rma*,lass at pt *end.at an ths eats*,WS.vls.Mani.Oda ad eland whalsrr at Oa aid art in admit?*pet.Atha*N at malty.at.k ad*W awe terr**prate*with Oa hen Bear-al aRtaaeae. n TO tan AND TO NOW the ald peas.Were haga*d sad dreD*with the gWrtear.ate the UN N • alt pat in at the.�etse pat, theiraetra sad swipe femme And W mid aeties eft*tint pal, :- far them ai ten hiatr...,at...,ad a Osten.de mrnat,ma.haala,ad aim la as. - _ -.- _- - as tie mid proem adds had paRthelrbNre sad Wae,that et Me thedWe esel*s and*harm •e w • a Oise peso* they**wO Sad d die madam lop parr.*,a d ad.en serest 0000 tad f i 6iN0Ole rata d laaeeltan Is law,la fee Srpl,,ad he Vt Bead Tint.tan sear ad 0enl aarib 45 Is ms.befl ae0 at serer 9a same Is smear at fans a dealt,at that tla arse eve free at ear s tea N tarns?as atw gm*wale.vela.Res.toss, ,0s0r rd armroer d hi what** d r ! P1 same ear*,except 1973 taxes, due am payable in 1974, and except all easements, e , 'a — - I reservations, and restrictions of record, if any. a p sr the awe tares**prams*le the quirt and prateaeas sala d the lad pan ies d the mead pact. i I their hairs ad eater aphid all and wary paraas or pass*May Slabs er le Oda the whole sr ea pert*red.W add pert ies Otte lint pert stall at wm WARRANT AND VORZm MEND. DI MINIMS WfeaZDy,the W part ice d Its tint pert he ae brmab tat r W e at veal the b m year ant sere ante* ," i y 1(eZAL) -7//.17,21 i ¢r` (=AL) Rutty- STATE o"COLORADO8. . 1 Porn J. a d YIELD ...rattan risw*esed bdae me this let day a Nay It 7a J. Rutt and torn J. Rutt - !' to EV: �seis Owe:1/, .v .anew..ay�►W W attlefal awl. • 0 • a e O. :•• LQ� j t.:t pea ' JJj .+.,tar J i a Matti waassn am.-4,..ea.ae.rr 0.e.-0 m*.Parse as.mare ar*w man tam&-.n , .. II u . ... . ._ �a➢. • • r���-=....... .-.err.v.w. v.....w....i..w.u--l�...'r. ......-�. .a.s...e...ww ..^.......—....o.....r. ..... ...-�....�.��.--..... 4 ....._---_` --_ . . . _._ - - tt.'ad'.t y !a'. : Tun i: ,s ;.'.1r.+.'.st%4Y - fa* tom: t '• ... raid • fl�idiiI '— r^ v. t , _ _e tau..., IC • ..J• ref, 1 1 ,,' P . .a m -. .. I. mate • r. el : r .1. 6 ,a.r. iiiiblil�,�i { 1 .T -__ _ ±'' ! Y�rlrr Lw3Refl ftt eta! 5 �S 7 a 9 I^ivied " C• _ ;•:.+.— iirstj ad I '- .. • l', j v e _ rtttM ee s bMes MUMMA A PNmnd Jo z S a t n 1 . F '. b• re . '2 . d WELD'., u •; �t ,,t,fltl°d 1 e r ° : . ' .1.: &: m Eei pet‘Y! EOYARD J. RVIT and R MA&t.t WIT, p t t-J w ,�„e -i .__.- - ._ e 1 x.. c.- are jo�cpu�ite .^ wi et s.Cary d IIEID - j`. is tie' 9lebed C'dollj of ',;-- W.Daimas9r ie .tea pa;r.T That the aid pert d the Oct pan,end fw n6 Ee eaaddemtt_d ....... AO imi N 18300.00 and other good and valuable consideration riim S e+ it , O btbtveld pantos al the Ike-wet bIasi paidytk mid pieties el the iced peek deter ', raw •. o Set'abrwl Y icnbr custard ad sele/ebdg,M,he aeaird.nbraei ea aeartyed m _ :.'rr"w. idle,nines md,onnersed Qum CLAIMH neeoonrOe CLAIMED, d read Perty thee . -.•2 aedalgaefxweer,tl Aie1p1,00e,in1MR re+. ,y eiN mid dindebkb the sal prdesd the ilea'ethers Y ad re die'faBosbag daweYd .s- '?•- i'o.' r roan curb Ala bias i d bake le the Can of WOS.D as Lam 4 ty s'.eas"nit -_ N.*:'-...:- -RI That part of the N% of the SE% of Section 9, Township S North, .Q ' r._• ,. renAng �e�'e 64 West of the 6a P.M. *Id County, Colorado, describe as h . ,na.a ea �• to lows: Beginning et a point at Intersection of the north-aoath . eft ,4 .: center line of said Section 9 and the 'South r -of-way .line of ( c-.: " a* `. (+are < ,•: . + the avoenty.road, raid point of-Interest:aien b. ;' -feet wattle g �s ,,.�,°,' 'pr �•^ k "''� ! of the m aflor sornar Deft the nos- h Alan et wait etSntt 9t thence : , ' - . ..q ue° 5'.:t�, - ne tart) aaS.¢ water line o£ said Sadism 0 to a distance r ?�'""• Ya �. .. { - E of fi.94 for- to the yrart•0r corner on the. spittle *Acs of saidilrh* ed ^'„ `° .4,�•t„e.;, i Sr„Lieu 5; Chance Zest ,N..or{{ the south lime:of mutt Sorties 9 for � -,,, s ^..••+ phi+2-$r,S" it distance of V94 9 toot: theme Sortiefor.a 'distance of le Y47 fettL " -1„ Ind, ' SS�g'M •' t allrm' Sr litC7.5 to the eeesk "t i -et-way 11rF of ts- met.t. rte. :: t w, `' ?— p\ F , '. :,rr :t, co in aortternsef'y d on rectien miring ihs.sortie rie�at of ?.g•'} use 5 ,? ,-,,-'s.,_: v * s .19w of 6na oeotry vn.r, for a Lt- '‘.7O1 of II23 ,3 feet idea the 1-.:itet.t i 4" eau '�"..,. • a of L?+'.!.°Ref FIY.eo`-'T that :,ortin. or :Fend p.*.re€1 .t4' lanG eo vxt' 1 Si ' + ! t4 PnsY.vilia Z≤ 4�•csa An,A t?.s,aa-• itln by kurrcnt; Psed "raid' w.,? �z�`. w. '. A,t e t S", I3S= emriax Rues :1• .1442S44 in iln,ch 4S5..'tei.^'. C-; `C tm. >r.. 4 -.o ity Stecet.do, 'Q" i*ay.. . y r,� 3 dyt���'. �r¢ , e a s V i • To Have tai To Hold the aa,rowan with at and ak*St the agpaboener tai pries y Deter trt®fo helwglag or la-ens tbsrmto aprnWe&tad eR t entree,MO&tW,b- ! _ tart end dram wiatmerr,of the rid parties at the ffnt Fart,ehbr le Yea equity,to tie age e . . pram toe,Iamb ad besot of the old parley(the mcdnd pet,theliSts sad ran kap�r. r .. —U' IN Th WITNESS WHEREOF.The aid pettiest the bet pet hire berem`a Naheivd i t and seals the day and yew der above wrhta .• .;. i • — '. i e r .�C bad la the d la A. Pli -(4 t ...t'4 . )CE PR r _. ..i� STATE or COLORADO,),, The keep*Ynm reot ea acktemiedeed before me , caawtr Or was _, aim 31st by or December ,A.D.1p 69. • ae by Jerrold A. Phillips and Marlene 114S ....... Joyce Phillips �s + .+' - WftersmyRidaa&dlkMISea ,w(. 'a t ' et e ,rid -. •..... . .. • Ify a My Cpnob:kn orira Aug. 49lt//v Q .. 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