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Home My WebLink About20002848.tiff RESOLUTION RE: APPROVE CONTRACT TO BUY AND SELL REAL ESTATE AND AUTHORIZE CHAIR TO SIGN -WHEELER MANAGEMENT GROUP, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Contract to Buy and Sell Real Estate commonly known as 901-909 10th Avenue and 1002 9th Street, Greeley, Colorado 80631, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Wheeler Management Group, Inc., with terms and conditions being as stated in said contract, and WHEREAS, after review, the Board deems it advisable to approve said contract, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Contract to Buy and Sell Real Estate commonly known as 901-909 10th Avenue and 1002 9th Street, Greeley, Colorado 80631, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Wheeler Management Group, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of November, A.D., 2000. BOARD OF COUNTY COMMISSIONERS W LD COUNTY, COLO DO ATTEST: � � �/,w� ��:�„ iJv-G �u�y arbara J irkmeyer, Chair Weld County Clerk to th=`:• •i .O.- a � 1 �i�n►` y =� �� M. J. G le, ro-Te BY: Gi�l�� . ` � 1 � Deputy Clerk to the Board Georg . Baxter APPROVED AST - RM: EXCUSED Dale K all un Attorne ea/%AA Glenn Vaad 2000-2848 PR0018 Wheeler Management Group, Inc:. 812 8th Street Plaza Greeley, CO 80631 • Phone: 970/352-5860, Fax: 970/352-0117 NOTE: DIFFERENT BROKERAGE RELATIONSHIPS ARE AVAILABLE WHICH INCLUDE SELLER AGENCY, SUBAGENCY, BUYER AGENCY,OR TRANSACTION-BROKER. TRANSACTION-BROKER DISCLOSURE (BUYER) and its salespersons Wheeler Mana4ement Group, Inc. (Company Name) are working with you as a transaction broker. We assist you throughout the real estate transaction with communication, advice, negotiation, contracting, and closing without being an agent or advocate for you or the seller. You are not vicariously liable (legally responsible) for our actions and a written contract with us is not required. For purposes of this disclosure,buyer also means "tenant" and seller also means "landlord". As a transaction-broker we will: • Disclose to you any adverse material facts which we actually know about the property; • Perform any oral or wrinen agreement made with you; • Exercise reasonable skill::':d care; • Present all offers in a tirr:'y manner; • Advise you regarding tit,. :ransaction,including suggesting that you obtain expert advice on material matters about which we know but the specifics of which are beyond our exlrortise; • Account to you prompth for all money or property we receive; • Assist you in complying .pith the terms and conditions of any contract and with the closing of the transaction; • Assist you and the seller .,ithout regard to race, creed, sex,religion, national origin, familial status,marital status, or handicap. As a transaction-broke,we will not disclose the following information without your informed consent: • That you are willing to p;c more than what you offer; li • What the motivating factors are for you in buying or leasing the property; • That you will agree to financing terms other than those offered; • Any material information about you unless disclosure is required by law or if lack of disclosure would constitute dishonest dealing or fraud, except that we are required to disclose all adverse material facts pertaining to your financial ability to perform the terms of the transaction and whether you intend to occupy the property as a principal residence. THIS IS NOT A CONTRACT. We have been given a copy of this Transaction-Broker Disclosure on(date) Board 6ta tV t�or{yrss !bnerBUYER c� •%l�'„9/`�rll (1I/13/2000 —yfyA .4(c t /41 C'v-- By: Chair / (� On (date) I provided the buyer(s) with a copy of this Disclosure and have kept a copy for our records. Company: Wheeler Management Group, Inc. 812 8th Street Plaza Greeley, CO 80631 Phone: 97O/352-586O, Fax: 97O/352-0117 Signature Ron L. Randel, CCIM Date he printed portions of this form have been approved by the Colorado Real Estate Commission.(TBD26-1.94) T3O26-1-94 TRANSACTION-BROKER DISCLOSURE 2000-2848 ReaIFA$T®Forms,Box 4700,Frisco,CO 80443, Version 6.02,®ReaIFA$T®,200O,Reg#CCOCOL224410 Completed by-Ron L.Randel,CCIM,CCIM,Wheeler Management Group,Inc. Page 1 of 1 11/06/00 15:55.48 812 8th Street Play_ Greeley, CO 80631 Phone: 970/352-5860, Fax: 970/352-0117 e prince portions o t is orm eve een approv y t e o ore o ea state °mammon. - - 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: ev�mber 06 20^C 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, Board of Weld County Commissioner will take title to the real property described below as O Joint Tenants O Tenants In Common Z Other Government Ent tv • b. Property. The Property is the following legally described real estate: Lots 1-4, Blk 66, City of Greeley to include three (3) free-standing buildings Colorado, commonly known as in the County ofweld ' No. 901.-909 10th ".venue and 1002 9th Str et Greeley, CO 806 1 State Zip City together with the interest Scree: Address improvements and attached fixtures appurtenant thereto, all interest of Seller in vacated streets s, e`sements,ri_alits,benefits, and alleys adjacent thereto,except as herein excluded. c. Dates and Deadlines. MAC = Mutual Acceptance of Contract Date or Deadline Item No. Reference Event � n/a 1 § 5a Loan Application Deadline n/a 2 § 5b Loan Commitment Deadline n/^ 3 §Sc Buyer's Credit Information Deadline n/a 4 §5c Disapproval of Buyer's Credit Deadline n/a 5 § 5d Existing Loan Documents Deadline n/a 6 § a. ' •ojecnon to listing oan send ine n/a 7 § 5d Approval of Loan Transfer Deadline n/a 8 §6a Appraisal Deadline 10 days from MAC a I uric re • ine n/a10 § 7a Survey Deadline 1G days from MAC 1 § i ocument equest e ine � 15 days from :'.AC § ;a le �.Iection e ine 10 da s from MAC o 3 :. i .,- Cora I atteis ine 14 § 8b I Off-Record Matters Objection Deadline 15 days from MAC , ` 5 days from MAC , e er's 'roperty sciosure rite • ine 1, § 10 days from MAC 16 § Oa nspectron .Iearon e.• ne 20 da s from MAC • • so u:ion � •• ine 24), whichever is later 1 § 30 days from MAC or upon demolition of building(paragraph ' is 18 § 11 Closing Date � at closing i9 § f6 Possession Date 12:cC l .0 § 1, I `ossession ;me 12:0C Noon 08, 2000 21 §28 Acceptance Deadline Date 12 :N00ovember t Noon `2 §28 Acceptance Deadline Time a n/a n/a n/a n/a n/a Artn/a d. n/a d. Attachments. The following exhibits,attachments and addenda are a part of this contract: n/- e. Applicability of Terms. A check or similar marl; in a box means that such provision is applicable. The abbreviation 'NIA' /beans CSS 2-9-99,Contract to Buy and Sell Real Estate(Commercial),6/3/99 • ealFAS T+®Forms.Box 4700,Frsco,CO 80443, Version 6.02,©RealFASTT.2000;Reg#CCCCOt.224410 f( ``P3 i ,T Completed b -Ron L.Randal,CCIM,CCIM,'rlheeler Management Group,Inc. 11/06100 10:36:27 3eller(s)f 'v —• Buyer(s) � / 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 this Lvi,tract, lighting, heating, plumbing, ventilating, and air conditioning fixtures, inside telephone wiring and connecting blocks/jacks,plants, mirrors, floor coverings, intercom systems, sprinkler systems and controls, and any other permanently attached items (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,screens, window coverings,curtain rods,drapery rods, storage sheds, and all keys. Check box if included: ®Smoke/Fire Detectors, ®Security Systems; and if any exists (3) Trade Fixtures. With respect to trade fixtures, Seller and Buyer agree as follows: any trade fixtures not owned by Tenants. 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 instnunent(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 S *315,000.00 2 §4a Earnest Money S 10, 000.00 3 § 4b New Loan n/a 4 § 4c Assumption Balance n/a 5 §4d Seller or Private Financing n/a §4e - Cash at Closing 305,000.00 7 TOTAL *315, 000.00 * 315,000.00 * See Paragraph 24 #2 a. Earnest Mon ey.The Earnest Money set forth in this Section, in the form of check ,is part payment of the Purchase Price and shall be payable to and held by Wheeler Manaaement Grouo, Inc. , in its trust account,on behalf of both Seller and Buyer. I he 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 Pi vate Financing. [Omitted-Not Applicable] e. Cash at Ck, ing. 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). 5. FINANCING CONDITIONS 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. 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 n/a . 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 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 O 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 Price or if this box is checked, ❑ An Abstract of title certified to a current date. If a title insurance commitment is furnished, it ❑ Shall ® Shall Not commit to delete or insure over the standard exceptions which relate to: (1) parties in possession. (2) unrecorded easements, (3) survey matters, (4) any unrecorded mechanics' liens. :BS 2-9-99,Contract to Buy and Sell Real Estate(Commercial),6/3/99 ReaiFASTO Forms, Box 4700, Frisco,CO 80443, Version 6.02.©RealFASTa,2000;Reg#CCOCCL224410 .;ompleted by-Ron L.Randei,CCIM.CCIM,Wheeler Management Group, Inc. jl/t�a9 e 246 3uyer(s) 11/06/00 10:36:27 Seller(s) J� � (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 O Seller. An amount not to exceed $ any for the cost of any improvement location certificate or survey shall be paid by ® Buyer 0 Seller. If the cost exceeds this amount, Buyer shall pay the excess on or before Closing.The improvement location certificate or survey shall be received by Buyer 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 ri,:ht in the Property not shown by the public records(such as an unrecorded easement,unrecorded lease, or boundary line discrepancy). Written not;;e 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 Seiler 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 Suet rights, if 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 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 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 districts)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 governmental regulations concerning land use, development and environmental matters. The surface estate may be owned separately from the underlying mineral estate, and transfer of the surface estate does not necessarily include transfer of the mineral rights. Third parties may hold interests in oil,gas,other minerals,geothermal energy or water on or under the Property,which interests may give them rights to enter and use the Property. Such matters may be excluded from the title insurance policy. Buyer is advised to timely consult legal counsel with respect to all such matters as there are strict time limits provided in this contract (e.g., Title Objection Deadline [§2c]and Off-Record Matters Objection Deadline [§ 2c]). 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 Sella-and the required real estate licensee(s), which must occur prior to the parties signing this contract. 10. 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): (I) 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 Seiler to correct (Notice to Correct). If written notice is not received by Seller on or before Inspection Objection Deadline (§ 2c), the physiml condition of the Property and Inclusions shall be deemed to be satisfactory to Buyer. b. Resolution Deadline. If a Notice to Correct is received by Seller and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Resolution Deadline (§ 2c), this contract shall terminate one calendar day following the Resolution Deadline (§ 2c). unless CBS 2.9-99,Contract to Buy and Sell Real Estate(Commercial),6/3/99 RealFAST'D Forms,Box 4700,Frisco,CO 80443, Version 6.02.CRea1FAST®,2000:Reg#CCOCOL224410 1 omple:eo by-Ron L.Ramie',CCIM.CCIM.Wheeler Management Group,Inc. . 11/06/0010:36:27 /�_ a Buyer(s) Seller(s) L am `v' before such termination Seller receives Buyer's written withdrawal of the Notice to Correct. c. Damage; Liens; Indemnity. Buyer is responsible for payment for all inspections,surveys,engineering reports or for any other work performed at Buyer's request and shall pay for any damage which occurs to the Property and Inclusions as a result of such activities. Buyer shall not permit claims or liens of any 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 enforce 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 Trans nation Title Cornoany 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. 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 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 •r Buyer approved Title Exceptions 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....her 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-Half by Seller O Buyer O Seller O Other n/a The local transfer tax of 1 %of the Purchase Price shall be paid at Closing by ®Buyer O Seller. Any sales and use tax that may accrue because of this transaction shall be paid when due by ®Buyer O Seller. 15. PRORATIONS. 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 ®The Taxes for the Calendar Year Immediately Preceding Closing O The Most Recent Mill Levy and Most Recent Assessment O Other n/a b. Rents.Rents based on ®Rents Actually 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, n/a c. Other Prorations. Water,sewer charges; and interest on continuing loan(s),if any;and any other normal prorations d. Final Settlement. Unless otherwise agreed in writing,these prorations shall be final. 16. POSSESSION.Possession of the Property shall be delivered to Buyer on Possession Date andPossession Time (§ 2c), subject to the following lease(s)or tenancy(s): any leases in existence and 30-day notice to Tenants by Buyer on all month-to-month leases 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 ofS,0.00 per day from the Possession Date (§ 2c)until possession is delivered. 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. 18. 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 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, 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 verify that the physical condition of the Property and Inclusions complies with this contract. CBS 2-9-99,Contract to Buy and Sell Real Estate(Commercial),6/3/99 RealFAST®Forms,Box 4700,Fnsco,CO 80443, Version 6,02,®RealFASTS,2000;Reg*CCOCOL224410 Completed by-Ron L.Randel,CCIM,CCIM,Wheeler Management Group,Inc. Buyer(s) ?1!06!00?0:36:27 / ��,Be 471 Seller(s) f-- r 1 t 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. 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 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 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 SELLER'S SOLE AND ONLY REMEDY for Buyer's failure to perform the obligations of this contract.Seller expressly waives the remedies of specific performance and additional damages. b. If Seller is in Default. Buyer may elect to treat this contract as canceled, in which case all payments and things of value received hereunder shall be returned and Buyer may recover such damages as may be proper,or Buyer may elect to treat this contract as being in full force and effect and Buyer shall have the right to specific performance or damages, or both. c. Costs and Expenses. In the event of any arbitration or litigation relating to this contract, the arbitrator or court shall award to the prevailing party all reasonable costs and expenses,including attorney 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 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.) 1) Purchase price to include new HVAC units on 903 through 909 10th Avenue building. * 2) The purchase price of $315,000 includes the cost of removing the two-story burned out building, with the estimated cost of $15,000 to be put in an escrow account at Transnation Title Company with, the disbursements approved by Buyer and Seller and is to pay for the demolition of the two-story building and returning the ground under this building to its original condition. Should this cost not reach $15,000 then Buyer will receive the difference between the cost of the original $15,000 estimate. 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 ❑ 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. CBS 2-9-99,Contract to Buy and Sell Real Estate(Commercial),6/3/99 z.eaiFAST®Forms, Box 4700,Frisco,CO 80443, Version 6.02,®RealFAST®,2000;Reg#CCOCOL224410 ,l :zmpleted by-Ren L.Randel,CCIM,CCIM,Wheeler Management Group,Inc. �' Buyer(s) � 11/06/00 10:36:27 Pave 3. f7 z` Seiier(s) / `� Board of Weld County Commissioner / / 9115 10th Street, Greeley, CO 80631 , Bus.#: 970-356-4000 x4218 BUYER /� / LL� r Ci'Wl"1 DATE /� ZcC /By: Chair (11/13/2000) / VI • [NOTE: If this offer is being countered or rejected, do not sign this document. Refer to § 29] c SELLER DATE Richard . Snyder 905 10th Avenue, Greeley, CO 80631 Bus.#: 970-227-2212 Fax #: 970-353-6367 SELLER DATE Jerilyn A. Snyder 29. COUNTER; REJECTION.This offer is Countered ❑ Rejected. Initials only of party(Buyer or Seller)who countere r rejected offer � ! L il END OF CONTRACT Note:Closing Instructions should be signed on or before Title Deadline. BROKER ACKNOWLEDGMENTS. 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 ❑ Buyer Agent O Seller Agent/Subagent O Dual Agent ® Transaction-Broker. Listing Company Brokerage Relationship. The Listing Company and its licensees have been engaged in this transaction as O Seller Agent ❑Dual Agent ®Transaction-Broker. BROKERS' COMPENSATION DISCLOSURE. Selling Company's compensation or commission is to be paid by: O Buyer ® Seller O Listing Company ❑ Other per closi,na instructions • (To be completed by Listing Company) Listing Company's compensation or commission is to be paid by ❑Buyer ®Seller O Other per closinor instructions • Selling Company: Wheeler Management Group, Inc. 812 8th Street Plaza Greeley, CO 80631 Phone: 970/352-5860, Fax: 970/352-0117 Signature Ron L. Randel, CCIM Date CBS 2-9-99,Contract to Buy and Sell Real Estate(Commercial),6/3/99 ReaIFA$T®Forms,Box 4700,Frisco,CO 80443, Version 6.02,CReaIFASTB,2000;Reg#CCOCOL224410 Completed by-Ron L.Randel,CCIM,CCIM,Wheeler Management Group,Inc. 11/06/00 10:36.27 Page 6 of 7 Listing Company: Wheeler Management Group, Inc. (NameofCompany) By: Signature Date Listing Company's Address: 812 8th Street, Greeley, CO 80631 Listing Company's Telephone No: 970-352-5860 Listing Company's Fax No: 970-352-0117 CBS 2-9-99,Contract to Buy and Sell Real Estate(Commercial),6/3/99 RealFAST®Forms,Box 4700,Frisco,CO 80443, Version 6.02,®RealFAST®,2000; Reg#CCOCOL224410 Completed b Ron L.Randel,CCIM,CCIM,Wheeler Management Group,Inc. ,r'1 Buyer(s) Seller(s)11/06/00 10:36:27 Page 7 pj/! ` ( �� Wheoler Management Group, Inc. 812 8th Street Plaza Greeley, CO 80631 Phone: 970/352-5860, Fax: 970/352-0117 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. CLOSING INSTRUCTIONS November 06, 2000 Richard F. Snyder Jerilyn A. Snyder (Seller)and Board of Weld County Commissioner • (Buyer) engage Transnation Titlg Company (Closing Company), who agrees to provide closing and settlement services in connection with the closing of the fallowing described real estate in the County of Weld ,Colorado,to wit: Lots 1-4, Blk 66, City of Greeley to include three (3) free—standing buildings also known as: 901-909 10th Avenue and 1002 9th Street Street Address Greeley CO 80631 City State Zip 2. Closing Company is authorized to obtain information, and agrees to prepare, obtain, deliver and record all documents, excluding preparation of legal documents, necessary to carry out the terms and conditions of the Contract to Buy and Sell Real Estate, dated November 06, 2000 with any counterproposals and amendments attached (Contract). 3. Closing Company will receive a fee not to exceed S 150.00 for providing these closing and settlement services to be the expense of 1/2 Buyer and 1/2 Seller 4. Closing Company is authorized to receive funds and to disburse when all funds received are either: available for immediate withdrawal as a matter of right from the financial institution in which the funds have been deposited or arc available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn "Good Funds". 5. Closing Company is not authorized to release any documents or things of value prior to receipt and disbursement of Good Funds, except as provided in Sections 10 and 11. 6. Closing Company shall disburse all funds, including real estate commissions, except those funds as may be separately disclosed in writing to Buyer.and Seller by Closing Company or Buyer's lender on or before closing. All parties agree that no one other than the disburser can assure that payoff of loans and other disbursements will actually be made. 7. Seiler will receive the net proceeds of closing as indicated: ® cashier's check at seller's expense. funds electronically transferred (wire transfer) to an account specified by the Seller, at Seller's expense, or Closing Company's trust account check 8. Buyer and Seller will furnish any additional information and documents required by Closing Company which will be necessary to complete this transaction. 9. Closing Company will prepare and deliver an accurate, complete and detailed closing statement to Buyer and Seller at time of closing. 10. If closing does not occur. Closing Company, except as provided herein, is authorized and agrees to return all documents, monies, and things of value to the depositing party and Closing Company will be relieved from any further duty,responsibility or liability in connection with these instructions. In addition, any promissory note, deed of trust, or other evidence of indebtedness signed by Buyer, shall be voided by Closing Company, with the original(s) returned to Buyer and a copy to Buyer's lender. II. If any conflicting demands are made on the Closing Company, at its sole discretion, Closing Company may hold any monies, documents, and things of value received from any party except Buyer's lender. Closing Company shall retain such items until (1) receipt of mutual written instruction from Buyer and Seller, or (2) until a civil action between Buyer and Seller shall have been resolved in a Court of competent jurisdiction; or (3) in the alternative. Closing Company may, in its sole discretion, commence a civil action to interplead,or, interplead in any existing civil action, any documents, monies or other things of value received by Closing Company. Such deposit with the Court shall relieve Closing Company of all further liability and responsibility and Closing Company shall be entitled to all court costs and reasonable attorneys' fees. The printed portions of this form have been approved by the Colorado Real Estate Commission(CL8-9-951. CL8-9-95. CLOSING INSTRUCTIONS RealFAST®Forms,Box 4700,Frisco,CO 80443, Version 6.02,®RealFAST®,2000;Reg#CCOCOL224410 Completed by-Ron .Randel,CCIM,CCIM,Wheeler Management Group.Inc. 11106/00 10:45:16 a e 1' Buyer(s) , Sellers) /( 12. These closing instructions may be only amended or terminated by written instructions signed by Buyer, Seller and Closing Company.any to old a l portion f the proceeds 13. The Internal Revenue Service and the Colorado person or (b)t of Revenue will not be a Coloradoy r resident afteosing �tos closing. Seller should inquireaof Seller's taxadvisor to of this sale when Seller either (a) is fo gn pe determine if withholding applies or if an exemption exists. 14. Special Instructions: n/a 13. These Closing Instructions may be executed by each Buyer,Seller and Closing Company individually and when each Buyer, Seller and Closing Company has executed a copy of these Closing Instructions, such copies taken together shall be deemed to be a full and complete contract between the parties. APPROVED AND ACCEPTED Board of Weld County Commissioner 9115 10th Street, Greeley, CO 806 • 7 ,it Bus.#: 970-356-4000 x4218 {, / glitG-L� J 4 E ��., !' ,c-�� DATE l/— L - C�' BUYER By: Chair (11/13/2OOO) / 6 / ' / DATE /•��,'�'y 'G' SELLER Richard Er Snyder 905 10th Avenue, Greeley, CO ?80631 Bu;;_ii 970-227-2212 ax Ii 970-353-6367 1 f�/ DATE /�/'� �2 CJO U SELLER t\ ii,/.� r<�7J)2.4!„ �� Jerilyn/A. Snydy - Closing Company: pt/a Title Date TO BE COMPLETED ONLY BY BROKER AND CLOSING COMPANY. Broker engages Closing Company as Broker's Scrivener to complete, at the sole ex ense of Broker, the following legal documents: O Deed [] Bill of Sale to for a fee mgr to exceed $ n/a p 12 Colorado Real Estate Commission Approved Promissory Note and O Colorado Real Estate Commission Approved Deed of Trust. The documents stated above shall be subject to Broker's review and approval and Broker acknowledges that Broker is responsible for the accuracy of the above documents. Closing Company shall pay real estate commissions at disbursement as follows: paid by Seller • 3% Listing Company, Wheeler Management Groups Inc. • 3 % Selling Company, Wheeler Management Group, Inc. paid by Seller Other Total commission to be n i to Wheeler Management Group, Inc. will be 6% paid by Seller ° B By: '"cam - y Closing Company Broker / Date '• Date The printed portions of this form have been approved by the Colorado Real Estate Commission(CL8.9-95). CL8-9-95. CLOSING INSTRUCTIONS RealFAST®Forms,Box 4700.Frisco,CO 80443, Version 6.02,CRealFAST®,2000;Reg#CCOCOL224410 Completed by-Ron L.Randel,CCIM,CCIM,Wheeler Management Group,inc. Page 2 of 2 11/06/00 10:45:16 Wheeler Management Group, Inc. 812 8th Street Plaza • Greeley, CO 80631 Phone: 970/352-5860, Fax: 970/352-0117 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. COUNTERPROPOSAL November 07, 2000 RE: Proposed contract to buy and sell the following described real estate in the County of Weld , Colorado,to wit: Lots 1-4, Blk 66, City of Greeley to include three (3) free-standing buildings knownasNo. 901-909 10th Avenue and 1002 9th Street Greeley CO 80631 Street Address City State Zip • dated November 06, 2000 between Richard F. Snyder Jerilyn A. Snyder Seller,and Board of Weld County Commissioner Buyer. The undersigned accepts the proposed contract, subject to the following amendments: Add the following provisions to Paragraph 24 : 3) The purchase price changes from $315,000 to $326,500 with an additional escrow account at Transnation Title Company of $11,500 ($7,500 electrical; $1,500 trenching and cement cutting; $2,500 Public Service of Colorado) to be disbursed by agreement between Buyer and Seller to pay for the reinstallation of power to the two (2) remaining buildings after the demolition of the two-story burned out building. Should this cost not reach $11,500 then Buyer will receive the difference between the actual cost and the original $11,500. estimate. 4) The earnest money shall be increased by $11,500 for this reinstallation of power. 5) Seller shall coordinate the reinstallation of power with the current tenants to maintain them as month-to-month tenants during the reinstallation period. 6) Demolition company has notified Seller that some damage may occur to the south end of the canopy next to the two-story building. Seller cannot be responsible for this damage and Buyer accepts this responsibility. All other terms and conditions shall remain the same. This counterproposal shall expire unless accepted in writing, by Buyer and Seller, as evidence by their signatures below, and the offering party to this document receives notice of such acceptance on or before November 09, 2000 . If accepted, the proposed contract, as amended hereby, shall become a contract between Seller and Buyer. The printed portions of this form,except(italicized)(differentiated)additions,have been approved by the Colorado Real Estate Commission. No.CP40-1-94.COUNTERPROPOSAL RealFA$T®Fo s,Box 4700,Frisco,CO 80443, Version 6.02,CReaIFA$T®,2000; Reg#CCOCOL224410 Completed by on L. andet,C , C eater Management Group, Inc. _ ag A er vl )3u s ` 11/07/00 16:54:32 Seller(a)/cr_/J(1'_'_ SELLER -7'47 ..,...."---C.-4,1„....,--- r�,i:G"�,-/� DATE ..--"-/.,'" '., �c->, c� / Richard F. Snyder 905 10th Avenue, Greeley, C$ 80631 Bus.ii: 970-227-221 -7 Fax,'#: 970-353-6367 /, SELLER (-7.-)1/2 , ; A • DATE j//��UG'�` Jerilyn . Snygr Board of Weld County Commissioner 9115 10th S eet, Greeley, CO 80631 Bus.#: 9 -35 -4002 BUYER DATE 11/13/2000 By: Chair N.S. When this counterproposal form is used, the proposed contract is not to be signed by the Party initiating this counterproposal. This counter- proposal must be securely attached to said proposed contract. The printed portions of this form,except(italicized)(differentiated)additions,have been approved by the Colorado Real Estate Commission. No.CP40-1-94.COUNTERPROPOSAL RealFAST®Forms,Box 4700,Frisco,CO 80443, Version 6.02,CRealFAST®,2000;Reg#CCOCOL224410 Completed by-Ron L.Randel,CCIM,CCIM,Wheeler Management Group,Inc. Page 2 of 2 11/07/00 16:54:32 Wheeler Management Group, Inc. 812 8th Street Plaza Greeley, CO 80631 Phone: 970/352-5860, Fax: 970/352-0117 SELLER'S PROPERTY DISCLOSURE THIS DISCLOSURE SHOULD BE COMPLETED BY THE SELLER. Date: November 06, 2000 Seller states that the information contained in this Disclosure is correct to the best of Seller's CURRENT ACTUAL KNOWLEDGE as of the above date. Broker may deliver a copy of this Disclosure to prospective Buyers. • PROPERTY ADDRESS 901-909 10th Avenue and 1002 9th Street, Greeley, CO 80631 1. THE FOLLOWING ARE IN THE CONDITIONS INDICATED: 2. ROOF: NONEMOT NOT DO NOT DO NOT INCLUDED WORKING WORKING KNOW YES NN%KNNW a. APPLIANCES Age(if known): Years Built-in Vacuum System ,,. a. Does the roof lea? - Clothes Dryer y<. b. Is there present damage to the roof? ....--- Clothes Washer ' ' c. Is the roof under warranty? /- Dishwasher ,- d. Is warranty transferable? Disposal V.. e. Expiration date of warranty: Freezer ENERGY EFFICIENCY ,/' Ho od �'GasGrill �i 3. Has the Property had an Energy Rated ,/ Ho Microwave Oven / Home Of Colorado® (ERHC) Certificate? Oven �'; If yes, when was the Property rated? Ranee If yes,what was the rating? I 2 3 4 5 Refrigerator Room Air Conditioner / / 4. HAZARDOUS CONDITIONS: T.V.Antenna/Dish /' Are there any existing hazardous conditions on the Propem,�avch as: Trash Compactor r,-, Methane gas ? Lead-based paint ? b. ELECTRICAL SYSTEM Radon gas in house or well? '%� Bur Purifier aAl ! /,/w Radioactive material? �" Burglar Alarm Landfill? / Ceiling Fan Mineshaft or tunnel? 7---.: Cmraege elepDoo oOne Wiring and s) Expansive Soil? `fir Inside lock 1 elephone Wiring ,/ Blocks/Jacks / Toxic materials? /I---- Intercom -a- �� Urea-formaldehyde foam insulation? e- Light Fixtures Asbestos insulation? Sauna If yes to any of the above, explain under additional comments. Smoke/Fire Alarm- The EPA encourages all buyers to test the Property for radon. Switches&outlets telephone Instruments �/. 5. OTHER DISCLOSURES: Vent Fan /� ' a. Are the improvements connected to public: 220 Volt Service water system? sewer system? c. HEATING AND COOLING SYS. private/community water system? / private/community sewer system? -. Attic Fan ! b. Do improvements have aluminum wiring? // Central Air Conditioning / .. c. Are any trees or shrubs diseased or dead? Eveporanve Cooler d. Are there any encroachments? Fireplace/wood e. Are there any: Fireplace /gas >/' zoning violations? / fireplace Insert -/ budding code violations? J,� Furnace/ Hear - Electric FN< /9..Q.6- .....---- Furnace restrictive covenant violations? �- / Heat-Gas .ri-.-�'' !�G -'� t. Is the present use a non-conforming use? Humidifier / g. Have you received any notice of any adverse Propane lank / conditions about the Property from any ��- Solar House-Heating // governmental or quasi-governmental agency? / Woodburning Stove h. Are there any structural problems with the • improvements? >. , i. Have any substantial additions or alterations // d. WATER SYSTEMS been made to the Property without a Ctstem !. I Irequired building permit? The printed portions of this form have been approved by the Colorado Real Estate Commission.(LC18-9-95) LC18-9.95.SELLERS PROPERTY DISCLOSURE RealFA$T®Forms,Box 4700, Frisco,CO 80443, Version 6.02,t ReaIFA$T®,2000, Regit CCCCOL224410 Completed by-Ron L. Randel,CCIM,CCIM,Wheeler Management Group,Inc. ' Page 1 11/06/00 15:51:02 Seller(s)/Z,S Buyer(s) Hot Tub t / j. Are there moisture and/or water problems in ,./' Plumbing / �' basement or crawl space? ,e--- Pool /,//' k. Is there any damage due to wind, fire,flood, Septic/Leaching Field / termites or rodents? �' Sump Pump , / L Have you kept pets in the Property? ,-*"..- Underground Sprinkler ��'' m.When was fireplace/wood stove, chimney/flue last cleaned? Water Heater/Electric Date Water Heater/Gas / _ 6. ADDITIONAL COMMENTS AND/OR EXPLANATIONS: Water r/Solar /j Water Purifier / (Use additional pages if necessary) l Softener / ' %LEJ /et 7.2-4./e -7"-/-t7.--1/ /?'6:-9rrr'S% Well .67,ce,d'iivc_& 25...i,,#7 5 Well Permit# The information contained in this Disclosure has been furnished by the Seller, who certifies to the truth thereof based on the Seller's current actual know- ledge.Any important changes will be disclosed by Seller to buyer prior to closing. Seller hereby receipts for a copy of this Disclosure. '7 SELLER t .r.ce / yJ'�t!'`t__'• DATE /�/,� a%�- J Richard Snyr//,�/Z/ �J��' SELLER \-.,- /?it</:!�Y/IX-,/(,!r%'// , --/ DATE ////"�/"G�C) Jerilyn. Snyder_ Buyer hereby receipts for a copy of this Disclosure. Board of t i ymm si r er BUYER DATE _ 11/13/2000 By: Chair Seller and Buyer understand that Wheeler Management Group, Inc. (Broker's Finn Name) \\\ 812 8th Street Plaza Greeley, CO 80631 Phone: 970/352-5860, Fax: 970/352-0117 in no way warrants or guarantees the above information on the Property. Property inspection reports and/or home protection plans may be purchased. This form is not intended as a substitute for an inspection of the Property. The printed portions of this form have been approved by the Colorado Real Estate Commission.(LC18-9-95) LC18-9-95.SELLER'S PROPERTY DISCLOSURE RealFAST®Forms, Box 4700,Frisco,CO 80443, Version 6.02,®ReaIFAST®,2000;Reg#CCOCOL224410 Completed by-Ron L.Randal,CCIM,CCIM,Wheeler Management Group.Inc. Page 2 of 2 11/06/00 15:51:02 w•ANex xx x N 3098610 INVOICE NUMBER wo INVOICE INVOICE DISCOUNT OR TAX ADDIAMcIOT I.. AMOUNT NE r OR REFERENCE DATE AMOUNT DEDUCTIONS µ,IT FLD HAFELI 11/06/00 25,000.00 .00 .00 25,000.00 + REMOVE DOCUMENT ALONG THIS PERFORATION + THIS ••CUMENT IS PRINTE• IN'IWY• "��RS.�7C N•' .'1CCE ,UW.f-x.48 t'U�*1(N• R •WM A'CF, •�`sy'EN'N^'^'° ' NUMBER 3098610 t, Q m�u m��"'1M , By Order Of The Board 758 CbiNlnJsslD(lers �� —JUT or MONIES IN THE iA AND O pA F, FDA M P.O.Bot/'IE6 x •re PPPPOPAi9iED iNEPEFOP AND _ oQe COLORADO GR1 I I EY, COLORADO: CHARGEABLE TO THE 0 (970)356-4000 FAX:(970)352-0242 PAY EYACTLV '' 0 TREASURER *5**25,000.00 CA OF SAID COUNTY nnrE 11/06/00 VOID IF NOT CASHED 60 DAYS La. • W PAY'1'O TIIE ORDER OE i. F� CI OFF C M S On EA5 ` Q WH1 I LER MANAGEMENT GROUP N 812 8TH STRF;E1 PLAZA GREELEY CO 80631 N III 3O986 1O11'[: LO 21OO9 L81:8O L 27OO848v TRANSNATION TITLE INSURANCE COMPANY 1295 Main St. Windsor, CO 80550 Board of Weld County Commissioners 9115 10th Street Greeley, CO 80631 Attn: Barbara Kirkmeyer Order No. 8051298W November 10, 2000 RE: Weld County abody corporate and politic/Snyder, Richard F. & Jerilyn A. 901-0909 10th Ave & 1002 9th Street In connection with the above matter, we are enclosing herewith the following: Title Insurance Commitment We are pleased to have the opportunity to be of service . If you have any questions or changes, please contact Darella L. Bloch at (970) 686-0867 cc : Wheeler Management Group Attn: Ron L. Randel , CCIM Wheeler Management Group Attn: Closing Coordinator Richard and Jerilyn Snyder Transnation Title Insurance Company Attn: Darella TRANSNATION TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A Commitment No. : 8051298W 1 . Effective Date : October 31 , 2000 at 7 : 00 A.M. 2 . Policy or policies to be issued: Amount Premium A. ALTA Owner' s Policy $ 326, 500 . 00 $970 . 00 Proposed Insured: Weld County, a body Corporate and Politic of the State of Colorado B. ALTA Loan Policy $ $ Proposed Insured: Tax Info Services $15 . 00 3 . The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto at the effective date hereof vested in: Richard F. Snyder and Jerilyn A. Snyder, as joint tenants 4 . The land referred to in this commitment is described as follows : Lots 1, 2 , 3 and 4 , Block 66, in the City of Greeley, County of Weld, State of Colorado TRANSNATION TITLE INSURANCE COMPANY By Wanda L. Calhoon Authorized Signature Issued: November 10, 2000 WLC/sls WELD COUNTY TRANSNATION TITLE INSURANCE COMPANY 1295 Main St. MD NOV 2 ) d� g. Q6 Windsor, CO 80550 RECEIVED Wheeler Management Group R 812 8th Street Plaza Greeley CO 80631 Attn: Closing Coordinator Order No. 8051298W November 15, 2000 RE : Weld County abody corporate and politic/Snyder, Richard F. & Jerilyn A. 901-0909 10th Ave & 1002 9th Street In connection with the above matter, we are enclosing herewith the following: Certificate of Taxes Due We are pleased to have the opportunity to be of service . If you have any questions or changes, please contact Darella L. Bloch at (970) 686-0867 cc : Wheeler Management Group Attn: Ron L. Randel, CCIM Board of Weld County Commissioners Attn: Barbara Kirkmeyer Richard and Jerilyn Snyder Transnation Title Insurance Company Attn: Darella Report Date: 11/13/2000 08:O8AM WELD COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT#: 14812 SCHEDULE NO: R2822886 ORDER NO: 8051298W ASSESSED TO: VENDOR NO: 12 SNYDER RICHARD F&JERILYN A TRANSNATION TITLE 208 CATTAIL BAY 1113 10TH AVE WINDSOR, CO 80550 GREELEY CO 80631 LEGAL DESCRIPTION: OR 5043 Ll TO 4 BLK66 SITUS: 1002 9 ST 003 GREELEY 80631 SITUS: 901 10 AV 001 GREELEY 80631 SITUS: 903 10 AV 002 GREELEY 80631 PARCEL: 096105330009 SITUS ADD: 1002 9 ST GREELEY TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 1999 TAX 5,852.52 292.63 0.00 6,145.15 0.00 TOTAL TAXES 0.00 GRAND TOTAL DUE GOOD THROUGH 11/13/2000 0.00 ORIGINAL TAX BILLING FOR 1999 TAX DISTRICT 0601 - Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 22.038 1,352.25 Land '66,500 19,290 SCHOOL DIST#6 47.315 2,903.25 Exempt 0 0 NCW WATER 1.000 61.36 Improve 145,080 42,070 GREELEY 10.635 652.56 AIMS JUNIOR COL 6.343 389.21 Total 211,580 61,360 GREELEY IMP DIST 4.800 294.53 WELD LIBRARY 3.249 199.36 95.380 5,852.52 - TAXES FOR 1999 FEE FOR THIS CERTIFICATE 10.00 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST I, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS,THE COUNTY CLERK,OR THE COUNTY ASSESSOR, This certificate does not include land or improvements assessed under a separate account number,personal property taxes, transfer tax or misc. tax collected on behalf of other entities,special or local improvement district assessments or mobile homes,unless specifically mentioned. I,the undersigned,do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof.I have hereunto set my hand a e�I is Itt �3yda f November,2000. TREASURER, WELD COUNTY, ARTHUR L. WILLIS II, BY � ' / • �`i tJ� te P.O. Box 458 Greeley, CO 80632 (970)353-3845 ext. 3290 TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8051298W SCHEDULE A - Continued REQUIREMENTS The following are the requirements to be compliedi with ithmprior rt recorded the issuance of said policy or policies. Any subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of the clerk and recorder of the county in which said property is located. NOTE: PURSUANT TO SENATE BILL 91-14 (CRS 10-11-122) THE COMPANY WILL NOT • ISSUE ITS POLICY OR POLICIES OF TITLE INSURANCE CONTEMPLATED BY THIS COMMITMENT UNTIL IT HAS BEEN PROVIDED A CERTIFICATE OF TAXES DUE OR OTHER EQUIVALENT DOCUMENTATION FROM THE COUNTY TREASURER OR THE GENT;HCOUTY TREASURE ' S ASN NOTIFIEDORR INSTRUCTED ZTHE ED ACOMPANY RIN WRITING TO UNTIL THE PROPOSED THECONT CONTRARY. NOTE: IF THIS TRANSACTION INCLUDES A SALE OF THE PROPERTY AND THE SALES PRICE EXCEEDS $100, 000 .00, THE SELLER MUST COMPLY WITH THE DISCLOSURE/WITHHOLDING PROVISIONS OF C.R.S. 39-22-604 . 5 (NONRESIDENT WITHHOLDING) . NOTE: EFFECTIVE SEPTEMBER 1, 1997, CRS 30-10-406 REQUIRES THAT ALL DOCUMENTS RECEIVED FOR RECORDING OR FILING IN THE CLERK AND AE LEFT, RIGHTF ANDBOTTOM CMARGIN OF ONTAIN A T AT OP LEASTN ONE-HALF OF AT EINCH.AST NTHE E NCLERD AND RECORDER MAY REFUSE TO RECORD OR FILE ANY DOCUMENT THAT DOES NOT CONFORM. A. Release by the Public Trustee of : Deed of Trust from Richard F. Snyder and Jerilyn A. Snyder to the Public Trustee of the County of Weld for the use of Norwest Bank Colorado, National Association to secure $250 , 000 . 00 dated November 2 , 1998 recorded November 16, 1998 as Reception No. 2653919 . B. Duly certified copy of resolution of the Board of County Commissioners of the County of Weld, a body politic and corporate, authorizing the Acquisition of subject property. C aebodyrCorporated F.and Polder itica Jerof thellyn A.State ofnyder to C Weld County, Colorado. Page 2 TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8051298W SCHEDULE B EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1 . Rights or claims of parties in possession not shown by the public records . 2 . Easements, or claims of easements, not shown by the public records . 3 . Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey .and inspection of the premises would disclose and which are not shown by the public records . al 4 . theretoforen lien, or right orhereafterlfurnished, imposed byien, for services, blaw and or or anot lshown by the public records . 5 . Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment . Note: The above exception will not appear on policies where closing and settlement has been performed by the company. 6 . a. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district . b. Any and all unredeemed tax sales, if any. Note :Upon receipt of a Certificate of Taxes Due evidencing that there are no existing open tax sales, the above exception 6b will not appear on the policy to be issued hereunder. Note: PURSUANT TO CRS 10-11-122 NOTICE IS HEREBY GIVEN THAT: (A) THE SUBJECT PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; (B) A CERTIFICATE F TAXES DUE LISTING EACH I JURISDICTION MAY BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER' S AUTHORIZED AGENT; S(C)UCH INFORMATION MAYEBERDING OBTAINEDCIAL FROMDTHERICTS BOARD AND THE BOUNDARIES OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. Page 3 ISSUED BY COMMITMENT FOR TITLE INSURANCE TRANSNATION TITLE INSURANCE COMPANY Transnation TRANSNATION TITLE INSURANCE COMPANY, an Arizona corporation, herein called the Company, for a valuable consideration,hereby commits to issue its policy or policies of title insurance,as identified in Schedule A,in favor of the proposed Insured named in Schedule A,as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A,upon payment of the premiums and charges therefor;all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for shall be issued,whichever first occurs,provided that the failure to issue such policy or policies is not the fault of the company. IN WITNESS WHEREOF,TRANSNATION TITLE INSURANCE COMPANY has caused its Corporate Name and Seal to be hereunto affixed; this instrument,including Commitment,Conditions and Stipulations attached,to become valid when coun- tersigned by an Authorized Officer or Agent of the Company. � � TRANSNATION TITLE INSURANCE COMPANY O�`�Ot�`N�a�tBS't/,'�.p4 re Attest: Cirh /y G ouotsot:Lxein ; By: tut u,teat "i„, President Secretary =� SewtwoMff • Conditions and Stipulations I. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect,lien,encumbrance,adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof,and shall fail to disclose such knowledge to the Company in writing,the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect,lien,encumbrance,adverse claim or other matter,the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith(a)to comply with the requirements hereof,or(b)to eliminate exceptions shown in Schedule B,or(c)to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions,the Conditions and Stipulations,and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. PA 3 American Land Title Association Commitment-1966 Cover Page Hello