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Home My WebLink About890309.tiffRESOLUTION RE: APPROVAL OF CHANGE OF OWNERSHIP REQUEST FOR TAVERN LIQUOR LICENSE FOR RICE ENTERPRISES, INC., D/B/A FORT 21 - EXPIRES APRIL 2, 1990 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, Rice Enterprises, Inc, d/b/a Fort 21, has presented to the Board of County Commissioners of Weld County, Colorado, an application for a Change of Ownership of a Tavern Liquor License for the sale of malt, vinous and spirituous liquors for consumption by the drink on the premises only, said license previously held by The Fort Bar and Lounge, Inc., d/b/a The Fort, and WHEREAS, pursuant to Weld County Ordinance No. 6, Section II, C., said applicant has paid the required fees to the County of Weld for a Change of Ownership of the existing license, and WHEREAS, sale of malt, drink on the town or city follows: said applicant has exhibited a State License for the vinous and spirituous liquors for consumption by the premises only, outside the corporate limits of any in the County of Weld at the location described as 985 East 18th Street, Greeley, Colorado, 80631-6135 NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, having examined said application and the other qualifications of the applicant, does hereby grant License Number 89-6 to said applicant to sell malt, vinous and spirituous liquors for consumption by the drink on the premises only, only at retail at said location and does hereby authorize and direct the issuance of said license by the Chairman of the Board of County Commissioners, attested to by the County Clerk and Recorder, of Weld County, Colorado, which license shall be in effect until April 2, 1990, providing that said place where the licensee is authorized to sell malt, vinous, and spirituous liquors for consumption by the drink on the premises only, shall be conducted in strict conformity to all of the laws of the State of Colorado and the rules and regulations relating thereto, heretofore passed by the Board of County Commissioners of Weld County, Colorado, and any violations thereof shall be cause for revocation of the license. . cOOSy 890309 Page 2 RE: TAVERN LIQUOR LICENSE - FORT 21 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 22nd day of March, A.D., 1989. ATTEST: Weld County clerk and Recorder and Clerk to the Board 07X -Ica/ �[1 eputy County err APPROVED AS TO FORM: County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO C. Kir y, airman cq,ine J.' son, Pro-Tem ene R. Br =n ner George en Gcrf !'�= 7 _Lac 4, 890309 Liquor Enforcement Division 1375 Sherman Street Denver, Colorado 80261 RICE ENTERPRISES INC FORT TWENTY ONE. 985 E 18TH ST GREELEY CO 80631-6135 AomuM NumO.r � County CXv m m. Tw. LhbiiN Dtl.. r7CENSE EXPIRES AT Y0N0HT 03-44685 03 206 5813 3 040389 APR 02, 1990 TyW Nnm yid Dee ale km of Wiese Fee T TAVERN LIQUOR LICENSE - MALT, VINOUS, AND SPIRITUOUS $ 25.00 COUNTY 85 PERCENT OAP FEE S 276.25 TOTAL.FEES) $ 301.25 This license is issued subject to the laws of the State of Colorado and especially under the provisions of Title 12, Articles 46 or 47, CRS 1973, as amended. This license is non- transferable and shall be conspicuously posted in the place above described. This license is only valid through the expiration date shown above. Questions concerning this license should be addressed to the Department of Revenue, Liquor Enforcement Divison, 1375 Sherman Street, Denver, CO 80261. In testimony whereof, I have hereunto set my hand. 890309 f§k 4.702A k ] 2 § ce I—' © 0) �kH "\ kek O.s 03 rho/cn �` P. / JR/Q V. a4 3 ca 2\/ C") o3 _ \)�r A\ o� %J« DAL 404 (Rev. 5/83) 'J NOT WRITE IN THIS BLOCK Instructions on Page 4 of Application. 22 26 23 STATE OF COLORADO DEPARTMENT OF REVENUE DIVISION OF LIQUOR ENFORCEMENT 1375 SHERMAN STREET DENVER, COLORADO 80261 COLORADO LIQUOR LICENSE APPLICATION USE LICENSE ACCOUNT NO. FOR ALL REFERENCE LICENSE ISSUED THROUGH (EXPIRATION DATE) LIABILITY INFORMATION COUNTY CITY INDUSTRY TYPE LIABILITY DATE KEY CODE STATE FEE PAID CITY COUNTY (03) 41-9 37-1 49-1 TOTAL FEE ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN 1. Name of Applicant(s): If rtnership, list partners names (et least two); if corporation, name of corporation: (`Ce f �ferAr/Se' , ,rte ate filed with Local Authority: %� ete Sales Tax No.: 6 ei ki A4R 01 ECt` -4e- 2. Trade Name of Establishment: (MIA)— Buskins Telle hone: O/ ssa-99/6 3. Address of Premises: (Exact location of premises must be given. Give street and number, when possible. If place to be licensed is located in a town or rural —district where it is impossible to give street and number, the lot and block number or part of section where located must be given.) 985 a s 7 /89' Street - City: C—ree(Q// 4. Mailing Address: (Number And Street) Side County: City or Town: State: (P6 d • State: Zip Code: X061/457 Zip Code: 5. If these premises are now licensed, answer the following: Trade Name of Establishment (DBA): Cori rate License No.: TN -as i s5 yyPe of License: i Expiration Date: KEY CODE COLUMN A STATE LOCAL FEES FEES KEY CODE COLUMN B STATE FEES 20 ❑ RETAIL LIQUOR STORE LICENSE -City 20 ❑ RETAIL LIQUOR STORE LICENSE -County 21 ❑ LIQUOR LICENSED DRUGSTORE- City 21 ❑ LIQUOR LICENSED DRUGSTORE -County 22 ❑ BEER & WINE LICENSE -City ❑ BEER & WINE LICENSE -County ❑CLUB LICENSE ❑City ❑County 110.00 ❑ HOTEL&RESTAURANT LICENSEQCity❑County 301.25 40 ®TAVERN LICENSE ❑City ®County 301.25 42 O RACE TRACK LICENSE ❑City ❑County 301.25 41 CARTS LICENSE OCity County 110.00 0 OTHER (Specify) (Change of corporate structure, location, trade name, renewal, etc.) $177.50 262.50 177.50 262.50 152.50 237.50 $22.50 37.50 22.50 37.50 22.50 37.50 16.00 48.75 48.75 48.75 15.00 31 ❑ WHOLESALE LIQUOR LICENSE 1,000.00 32 ❑ WHOLESALE BEER LICENSE 500.00 38 ❑ IMPORTER'S LICENSE(Vinous & Spirituous Liquor) 250.00 44 250.00 IMPORTER (Malt Liquor) 27 0 BREWERY LICENSE 28 ❑ WINERY LICENSE 43 ❑ LIMITED WINERY LICENSE 28 ❑ PUBLIC TRANSPORTATION LICENSE each ❑ NONRESIDENT MANUFACTURER or 250.00 250.00 25.00 25.00 Page 1 of 4 890309 (continued) . YES NO 6. Is the applicant; or any of the partners; or officers, stockholders or directors of said applicant (if a corporation); or manager; under the age of twenty-one years? 7. (a) Has the applicant; or any of the partners; or officers, stockholders or directors of said applicant (if a corporation) ever been convicted of a crime? If answer is "yes," explain in detail. (b) Has persons lending assistance or financial support to the applicant; or the manager; or employees; ever been convicted of a crime? If answer is "yes," explain in detail. 0 21 0 CZ 8. Has the applicant; or any of the partners; or officers, directors or stockholders of said applicant (if a corporation); or manager; ever: (a) been denied an alcoholic beverage license? (b). had an alcoholic beverage license suspended or revoked? (c) had Interest in an entity that had an alcoholic beverage license suspended or revoked? If answer Is "yes." explain in detail (Attach separate sheet If necessary.) gl gl B, Has a liquor license for the premises to be licensed been refused within the preceding two years? Ex&Sftlti� C-t5C 10. Are the premises to be licensed within 500 feet of any public or parochial school, or the principal campus of any college, university or seminary? If answer is "yes," explain in detail. Ev.,%`kty-e Lt$C 11. Does or did the applicant; or any of the partners; or officers, directors or stockholders of said applicant (if a corporation), have a direct or indirect interest in any other Colorado Liquor license (include loans to or from any licensee, or interest in a loan to any licensee)? If answer is "yes," explain in detail. 12. State whether the applicant has legal possession of the premises by virtue of ownership or under a lease. If leased, list name and address of landlord and term of lease: ,OGv N p re rvt $ IS ilacae u4 rl _Lam 44eir. 40.57f.4 4 (lr gal 44 /0 13. Identify the persons, firms or corporations who now or will have, a financial interest, evidenced either by loans or equity ownership in the business for which this license is requested. State the names and addresses, and the amount and source of such financia interest expressed in dollars or other items of value, such as inventory, furniture or equipment; (i.e., bank, relatives, friends, previous owners, etc.). Use separate sheet if necessary. NAME /Ce &lerpr seS -/4.r . ADDRESS �1 // ,/?1 /409 al le Woad INTEREST et c,/o QrpnO'u-lion ,0riv.e —.I ere 4,7 00/0 6� ldv (.C (o, Jacfc �ce f earol Rice Mu -42-1i ctil4e> -e sae S -F ec<<ho ticeeo vte.c s , S. 14. List the names and addresses of an liquor businesses In which any of the persons in the previous question are materially Interested. (Use separate sheet if necessary.) NAME BUSINESS ADDRESS Attach copies of all notes and security instruments, and any written agreement or details of any oral agreement, by which any parson (including a corporation) will share in the profit or gross proceeds of this establishment, and any agreement relating to the bushels which is contingent or con- ditional in any way by volume, profit, sales, giving of advice or consultation. Page 2 of 4 89030SiOntinudl 15. Liquor Licensed Drug Store applicants, answer the following: (a) Does the applicant for a Liquor Licensed D+"Store have a Drug Store License issued by the CoIrmo Board of Pharmacy? If answer is "no," explain in detail. YES NO ❑ ❑ 20. 11 the applicant is a corporation, answer the following: ❑ ❑ I (d) How long has applicant occupied the premises to be licensed as a club? A)/ A (a) Corporation is organized under the laws of the State of: Oa /Or ac ,4, ,, a; ) /IS' County of: t , �� State of: �� /d (b) Principal businessIs at: 8.f.i• .5-f re _/ Cree(e1 it T �T l fling last annual Corporate report to the secretary of state: a lb) Is the applicant, or does the applicant for a Liquor Licensed Drug Store employ a Pharmacist registered in the State of Colorado? If "yes, " give License Number: 16. Club Liquor License applicants, answer the following: (a) Complete items 20(a) through (d) and (f). (b) Is the applicant organization operated solely for a national, social, fraternal, patriotic, political or athletic purpose and not for pecuniary gain? (c) How long has the club been incorporated? (Three years required.) 17. Colorado Manufacturer or Wholesaler applicants, answer the following: (a) Does the applicant own, lease or operate any Colorado warehouse or storage plant in connection with this business? If answer is "yes," give full address; if "no," explain in detail. ❑ ❑ ❑ ❑ (b) Does the applicant have an active surety bond for the payment of liquor excise taxes? If answer is "yes," give amount and name and address of insuror; if "no," explain in detail. (c) If the applicant is a wholesaler, don or did any owner, part owner, shareholder, director or officer have any direct or indirect financial interest in a wholesaler, retailer, manufacturer or importer already licensed by the State of Colorado to sell malt, vinous or spirituous liquor? If answer is "yes," attach explanation in detail. (d) Does the applicant have a valid Federal Basic Permit? If "yes," attach a copy of the permit; if "no," explain in detail. ❑ ❑ ❑ ❑ 18. Nonresident Manufacturer (malt liquor) or Importer (malt, vinous or spirituous liquor) applicants, answer the following: (a) To what Colorado licensed wholesaler do you intend to ship your merchandise? (b) If the applicant is an importer or manufacturer, does or did any owner, part owner, shareholder, director or officer have any direct or indirect financial interest in an importer, manufacturer, wholesaler or retailer already licensed by the State of Colorado to sell malt, vinous or spirituous liquor? If answer is "yes," attach explanation In detail. (c) Does the applicant have a valid Federal Basic Permit? If "yes," attach a copy of the permit; if "no," explain in detail. (d) If the applicant is an importer or manufacturer, are you the primary source of supply in the US.? If "no," explain in detail. ❑ ❑ ❑ ❑ p/ -A ❑ ❑ 19. If the applicant is an individual or partnership, answer the following: (Attach separate sheet if necessary.) (a) Name of individual or name end class Home Address, City and State: — of each partner: Date of Birth: (b) Name of Operating Manager: Home Address, City and State: Date of Birth: (c) When did said partnership commence doing business? (Attach a copy of the partnership agreement, except as between husband and wife, and trade name affidavit.) a/%A' • Name of each officer listed below: Home Address, City and State: / Date of Birth: President: U�fe, 2:ce / r ,,,JOOO€ I Z C() n Pr . /+ // ( Tree( e7 Q ameloft toJckkhlolder include actual owner or Homeee. (Use separate sheet if Address, City and State: necessary) % of stock: Date of firth: J Rice a,- fat L. (2.4.2..- &atc -s k i e e A /le 0 9 e abode ».4 (f) Name of all Directors or Trustees Home Address, City and State: Date of Birth: — of Corporation: O (2.-4.1t_e�1 Sec A000e se.e a(• oo✓F a.clL Cara ( L, n`ce /Sap a000e Je-c-cro.t1 4-(OQAQ _ ice t. Page 3 eff 4 :... 890309 INSTRUCTIONS 1) Check the appropriate box for the -type of license(s) being applied for on page 1. If you are applying for a retail license described in Column A, contact the Local Licensing Authority to obtain all local procedures and requirements. 2) You may attach separate sheets or additional documents if necessary to fully complete this application. Copies may be accepted (other than application) if signatures are evident. All documents must be type- written . . or legibly printed in BLACK ink. 3) IMPORTANT:. For those retail licenses described in Column A on page 1, this application and all support- ing documents must FIRST BE FILED IN DUPLICATE WITH AND APPROVED BY THE LOCAL AUTHORITY. Application will not be accepted unless all applicable questions are fully answered, all sup- porting documents correspond exactly with the name of the applicant(s) and proper tees are attached. 4) Form DRL 404-I, "Individual History Record" must be completed and filed in duplicate by the following: a. Each applicant b. All general partners c. Over 5% limited partners d. All officers and directors of a corporation e. All stockholders of a corporation not subject to the Securities and Exchange Act of 1934. f. Over 5% stockholders of a corporation subject to the Securities and Exchange Act of 1934. g. Operating managers h. Each person required to file form DRL 404-I must submit fingerprints to Local Licensing Authority. 5) NOTE:License status will not be given over the telephone. License will be mailed to the Local Licensing Authority upon issuance. OATH OF APPLICANT This appllication is to be signed by individual, each general partner of partnership and by corporate applicants. I declare under penalty of perjury in the second degree that I have read the foregoing application and all attachments thereto, and that I know the contents thereof, and that all matters and information set forth therein are true, correct and complete to the best of my knowledge and information; and I agree to conform to all applicable statutes and all rules and regulations pro ulgated by the Colorado Department of Revenue in connection therewith. INDIVI► ALS AND ALL GENERA ARTNERS OF CORPORATIONS SIGN HERE: /"« & lerPEt Se 3 PARTNER PS MUST SIGN H ' r`i "-VC v 11- �1 Ac . By GJ/ • Pr P S/�D c\ay. ( \' ( Vice President, or Secretary) DATE: DATE: 3/e (Presiden $ 7 REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (MANUFACTURERS, IMPORTERS, WHOLESALERS DISREGARD THIS SECTION) The foregoing application has been examined and the premises, business conducted and character of the applicant is satis- factory. We do report that such license, if granted, will meet the reasonable requirements of the neighborhood and the desires of the inhabitants, and complies with the provisions of Title 12, Article 47, CRS 1973 as amended. THEREFORE THIS APPLICATION IS HEREBY APPROVED. DATED AT Greeley this 22nd day of March , A D.19 89 AT BY: Weld County (Name of Town, City end County) .', -C-a- '/ l fir, Cha an and of coy ray commissioners or other title of the licens e,�'+�ut`hority) ATTEST: / A ?il.M,4 P 3 '9:56% - C7ic..rir-c_.- O"L.-Ka (CI rk, retary of other officer having the officialseal f the licensing authority),_. (If the premises a located within a town or city, the above approval should be signed by the mayor and clerk, if in a county, then by the chairman of the board of county commissioners and the clerk to the board. If, by ordinance or otherwise, the local licensing authority is some other official, then such approval should be given by such official.) Local Licensing Authority report the following pertaining to each person required to file form DRL 404-I: FINGERPRINTED & SUBMITTED BACKGROUND N.C.I.C. & C.C.I.C. cHEcKs30,309 Yes No ❑ Yes 0 No 0 B 1224 REC 02170483 02/09/89 13:55 $3.00 1/001 .R2170M83 F (-96 MARY ANN FEUER8TEIN Mar\ i RECORDER WELD CO, CO Reception No. _ Recorder ..-GlifurrationDeed - MIS DEED is a conveyance of the real property described below. including any bnproventents end other appurtenances (1M "property") from the individualist. corporation(s), pa rtnershlp(s). or otherenNry(tee) Mimed bylaw as GRANTOR to the individuals) or entiryp•s) named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property, except for (I) the lien of the general property taxes (or the year of thie deed, which the GRANTEE will pay (2) any MeenW W and rightsof-way shown of record (3) any patent resin rations end exceptions (4) any mdetndLtg miters' interests clown of record (6) any protective covenants and restrictions shown of record. and (6) any additional ,.lancet shown below under 'Additional Warranty Exceptions". The Specific Terms of this Deed Are: Grantor (one name(:) and placelsf of residence, if er spouse of the owner -grantor is pining Si this Deed to nwss hen shed npw.Identify MARION R°r1VAt1`lrttit iA K. HANES State Documentary Ni Dan 44 -?/91i � S ..i2 PS Grantee: (Give name(s) and addren(es). statement or address. including avertable reed Or Mast number, JACK RICE AND CAROL RICE DF lac Alter recording. return to. 2162 WEDGEWOOD DRIVE GREELEY CO 80631 Form of Co -Ownership: (II there are two or more grantess named, they will be camidered to lake as tenants in common unties the words In lam? tenancy" or words to the same meaning are added in the spate below.) JOINT TENANTS Property Descriptioet (tnclude county and stale ) Lot A, Recorded Exemption No. 0961-9-4-RE333, being a part of the E 1/2 of Lot 7, NW 1/4 SE 1/4 and a part of the West 2 acres of Lot 3, NE 1/4 SE 1/4 of Section 9, Township 5 North, Range 65 West of the 6th P.N., Weld County, Colorado, as per map recorded August 30, 1978 in Book 843 as Reception No. 1765081. 985 E. 18TH STREET Property Address: GREELEY CO 80631 Consideration: (The stMement of a dollar amount is optional. adequate consideration for this deed win be presumed unless thisconveya ce Is identified as a ed? many case Mrs conveyance is absolute. final and ,xleeradNIonal.) SIXTY THOUSAND AND 00/100 Resenatlons-ReoMo1Ioits (II Me GRANTOR intends Ia resem.e any interest S. me moonya or to cci. rey less man Mowns.or ii lb. GRANTOR is restricting the GRANtEE'S right in pa property, mono appropriate indication f Additional Warranty Exceptions: (Include deeds or bust being assumed and other matters not covered above.) Executed by the Grantor IEBRUARY 7, 1989 ,g sienen•e Clams ler Cerpnaea. rerMrJNe er Mes laenx Name of Grantor: Corporation. Partnership or Assocdttan By By Attest. STATE OF COLORADO COUNTY OF WELD ) er:. slenabae Claw s): MARION R. HANES Grantor Grantor \.2SCIQ-'\k\— Graver SANDRA K. HANES The htregorg rwnnawr was wrowledpd before me Ma 7th der el FEBRUARY .» 89 SrrT.+!MEA�RION R. HANES AND SANDRA K. BANES 'I //�� /y�� r, '!�e.aerktrflei"AD 8T 11, 1992 y��I�r'^j_ ._e'�V y tj�" a STAT@p( Y 9 z ) i tiotkn 111M►rneeM vita aennewledpad before me Mile des el 1221 8TH . , GREELEY, CO. » derEGrantor IsCorpompob.M•ersNporMegSOMe.MenIaer•eyaignereasprWMinaMoeprWdertlandasaelryer TWO4�t (N or as perMMsat ) paesdip der a s ticized nenberle) el eeeedMdd e" lInNrrtrrlrntimrtt VANS= wry hand and eMO M seal. leg comedielM aeeaser Nee Pa SIMS NO. an • Ten IOOATM LEGAL FORM P.O. Sox ISIS • Greeley. Colorado aos a pest 116.066 c%n 890309 ere . The printed portions of this form approved by the Colorado Real Catuto Commission (SC 33.241) TINS S A ISIS NISTOUNENT. If NOT UNDERST000, 1ECAl, TAU 01101NER COUNSEL MUD 11 CONSULTED SEFOIE SIGNING. COMMERCIAL CONTRACT TO BUY AND SELL REAL ESTATE (Remedies Include Specific Performance) January F. .19 I. The undersigned agent hereby acknowledges having receivedfrom Jail: :.l cr' ant Carol lice ^rn' ,in the form of Cashiers Check the sum of; -•s lobe held by Mani erl 40 FarrS broker, in b or trustee account, as earnest money and part payment for the following described real estate in the / / I I County of :JP1 fl , Colorado, to wit: ; 2 acres lot. 1:11 of the SE',, Et. k' Lot 7, i:.,i. of the dc:; anrt e.rt,t of '.+ r etle together with all easements and rights of way appurtenant thereto, all improvements thereon and all fixtures of a permanent nature currently on the premises except as hereinafter provided, In their prsunl condition, ordinary wear and tear excepted, known as No. Thu 1'nr4 TnC. iFI1 Crlrr'rn 'C H'1 ,and hereafter called the Property. (Street Address, City, Zip) 11r • signed person(s) .Tp c l•• :'i rr '.VP 1.^rpl ail (-•t) to joint tenant tenants in common), hereinafter celled Purchaser, hereby agree. to buy the Property, and the undersigned owner(s), hereinafter 11 J SOL, b..eby agrees to sell the Property upon the terms and conditions stated herein. 3. The purchase price shall be U S g cr e onn payable a followo:6 - hereby receipted for; `Kr {1 in cash or certified furls, nlus norral closi.rR costs at tire of elcSing 4. Price to include the following eeraondProperty: All that is or attached list.: Sro attached e7hit:it A (equip. list) to be conveyed by bill of sale at time of closing in their present condition, free and clear of all personal property taxes. liens and encumbrances, except: as of record and except any p 1 property liens In any encumbrance specified in p II The following fixtures of a permanent nature are excluded front thiaele: none 6. If a new loan is to be obtained by Pure from a third party. Purchaser agrees to promptly and diligently la) apply for such loan.(blexecule all documents and furnish all informationand documents required by the lender, and (el pay the customary costs of obtaining such loan. Then If such loan / is not approved on or before / f / / // I // / // , MIL, or If so approved but is not available at time of closing, this col shall be null and void and all payments and things of value �/received hereunder shall be returned to Purchaser. 6. If a note and trust deed'os mor)v ? / is to I I I assumed. Purchaser agrees to apply fora loan assumption If required and agrees to pay 11) a loan transfer fee not to ' d $ / • and (31 en interest rate nut to elicited / I 1 ! r •I • * per annum. If the loan to be assumed has provisions for •shared equity or variable I or variable payments, this contract s conditioned upon Purchaser reviewing and consenting to such provisions. If the lender's consent to a loan assumption is required, this contract Is conditioned upon obtaining such consent without change in the terms and condition. of such loan except as herein provided. 7. If a note is to be made payable to Seller an partial or full payment of the purchase price. this contract shall not be assignable by Purchaser without writtenconsent of Seller. I. Cost of any appraisal for loan purposes to be obtained after this date shall be paid by furs aseer V. An abstract of title to the Property, certified to date. or a current commitment for title insurance policy In an amount equal to the purchase price, at Seller's option and a m t, , be furnished de to Purchaseronor before ,IP If Seller elects to furnish said title iaunnee commitment, Seller will deliver the title insurance policy to Purchaser after closing and Pa the premium tl p. 16. The date of closing shall be the date fur delivery of deed as provided in p It II. The hour and place of closing shall be as designated by II. Title shell be merchantable In Seller, except as stated In this paragraph and in IS and 13. Subject to payment or tender as provided and compliance by Purchaser with the other terms and provisions hereof. Seller shall �r�execute and deliver a good and sufficient cfer.=ran.. w JuJtoPurvhusron i'ehrue.ry ,19.3.,err, by mutual agreement, at an eerhler date, conveying the P free and clear of all taxa..exeept the general taxes for the year of clueing, and except — free and clear of all liens for special improvements installed as of the date of Purehaerl signature h , wheth or nut;free and clear of all liens and encumbrance. except ;•231S•3.$1. Central lea Hoy and Sell Heal Estate tcemmereiell. Purchas Purchaser's Address subject to the following I or tenancies: none except the following restrictive covenants which do not contain a and except the following specific recorded andlor apparent easements: as of rccor'' and subject to building and zoning regulations. 12. Except as in paragra pits II and Ice, if title is nut merchantable and written notice of defectlsl is given by Purchaser or Purchaser's agent to Seller or Seller's agent on or before date of closing, Seller shall use reasonable effort to correct said defect(*) prior to date of closing. If Seller Is unable to correct said defect(*) on or before date of closing, at Seller's option and upon written notice to Purchaser or Purchaser's agent on or before date of closing, the date ofelodllg shall ba extended thirty days for the purpose of correcting said defect(s). Except as stated in 13, if title is not rendered merchantable as provided in this paragraph IS, at Purchasers option, this contract shalt be void and of no effect and each party hereto shell be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. IS. Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this transaction or from any other source. Provided, h r, at the option of either party, if the total indebtedness secured by liens on the Property exceeds the purchase price, this contract shall be void and of no effect end each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. 14. G I taxes for the year of closing, based on the moat recent levy and the most recent assesament, prepaid rents, water rents, sewer rents. FHA premiums and interest on encumbrances, if any. and PS of r'ecor'd shall be apportioned to date of delivery addled. Purchaser shall be responsible for any gala and use lex that may accrue because of this transaction. 16. P ion of the Property shall be delivered to Purchaser on lebr•uary 1, 15c9 If Seller fails to deliver possession on the date herein specified, Seller shall be subject to eviction and shall be liable for a daily rental of $ until p len is delivered. II. In the event the Property shall be damaged by fire or other casualty prior to time of closing, In an amount of not more than ten per cent of the total purchase price, Seller *hall be obligated to repair the same before the date herein provided for delivery of deed. In the event such damage is not or cannot be repaired within said time or if the damages exceed such sum, this contract may i.e terminated at the option of Purchaser and all payments and things of value received hereunder shall be returned to Purchaser. Should Pure' lest to carry out this contract despite such damage, Purchaser shall be entitled to all the credit for the insurance proceeds resulting from such damage, not exceeding, however, the total purchase price. Should any fixtures or services fall between the date of this contract and the date of possession or the date of delivery of deed, whichever shall be earlier, then Seller shall be liable for the repair or replacement of such fixtures or services with a unit of similar size, age sad quality, or an equivalent credit. 17. Time Is of the essence hereof. If any note or check received as earnest money hereunder or sny other payment due hereunder is not paid, honored or tendered when due, or if sny ether obligation hereunder is not performed as herein provided, there shall be the following remedies: (a) IF SELLER IS IN DEFAULT, (I) Purchaser may elect to treat this contract as terminated, in which case all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover such damages as may be proper, or (21 Purchaser msy elect to treat this contract as being in full force and effect and Purchaser shall have the right to an action for specific performance or damages, or both. (b) IF PURCHASER IS IN DEFAULT. (I) Seller may elect to treat this contrast as terminated, in which case all payments and things of value received hereunder shill be forfeited and retained on behalf of Seller and Seller may recover such damages as may be proper, or (9) Seller may elect to treat this contract as being in full force and effect end Seller shall have the right to an action for specific performance or damages, or both. (c) Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this contract, the court may award to the prevailing party all reasonable costs and expense, including attorneys' fees. IS. Purchaser end Ether that, in the event of any controversy regarding the earnest money held by broker, unless mutual written Instruction is received by broker, broker shall not be required to take any action but may await any proceeding, or at broker's option and discretion, may interplead any moneys or things of value into court and may recover court d reasonable attorney's fees. 19. Additional provisions: to The prurhase of this prorerty is subject to contingent upon the purchaser is unable to retirance the sai.r' prorert:' with a downpa.vment of ?0,f00 on a 76o,ono sale price for property aver' ejuipement., 2e Furc:r_aser may have a. manarernent agreement to use current liquor licence while waiting for reissue of new license prcviced proper steps are taken in pursuit of acquiring a new liquor license in a reasonable amount of time are all utilities are charged to asmt owner Feb. 1, 1919, and al]. taxes are all costs of oprr:tion are paid by purchaser after 1eb, 1, 19E9, 20, If this proposal is accepted by Seller In writing and Purchaser receives notice of such acceptance on or before Janua ry c 19 _, this Instrument shall become s contract between Seller and Purchaser and shall inure to the benefit of the heirs, successors end assigns of such partly , except as stated in 7. n Qkli (? - % — -1 ankorLane •'� Date ler' rrptjQ'lrl By. Or, Greeley. Colorndn Fn4ol (The following section la be completed by Seller and Listing Agent) Seller accepts the above proposal this day of 19 —and agrees to pay a commission of none 7a of the purchase price for services in this t rrrrrr tion, and agrees that, in the event of forfeiture of payments and things of value received hereunder, such payments and things of value shall be e divided between listing broker and Seller, one-half thereof to said broker, but not to exceed the commission, and the balance to Salle Seller seller seller's Address 1610 1. -9th St.rcet. Greeley. Cnlnra sn E!1Fi 1h. Listing Broker's Name and Address nine No, 24. LEASE —CORPORATION (Business). —Bradford Publishing Company, 1824-46 Stout Street, Denver, Colorado —S-76 THIS INDENTURE, Made this 7th dayof. February ,1989 between RICE ENTERPRISES, INC. a corporation, duly organized and existing under and by virtue of the laws of the State of the lessor, and ....T.ha..F.ar..t...B.ar......Loaage. Inc the lessee WITNESSETH, That, in consideration of the payment of the rent and the keeping and performance of the cove- nants, and agreements by the said lessee....hereinafter set forth, the said lessor hereby leases unto the said lessee the following described premises, situate in in the State of Colorado, to -wit• Ear..t...of_the .E. 112...af to/ 7. NW 1/7 of. SE .1/..4.a .and part of the 14 1/2 of Lot 3a NE 1/4 of SE 1/4. Sec 9, T-5 R-65 6th P.M .Addr..ess.L.....98.5...East....1.8.th...Str..e.et,...Grealey.,....Calnrada 80.631 TO HAVE AND TO HOLD the same with the apppurtenances unto the said lessee. _from twelve o'clock noon of the day of February ...7 ,19.89 , until twelve o'clock noon of the day of f l nal apprgval of....t ifl9 , at and for a rental, for the full term aforesaid, of trrappsfper QQf aa ligflor tic nag al. he aluaty....of....Weid...and.State dollars, payable 01"i: stU meats o'roTll'$LE'SSeL"' O""e" O dollars, per month, in monthly installments of ...((tSSSl1U .each...a...f racti.anal...sbar..e_ther..eaf.,...i m_arrers...at._the...end...of....the...l-ease...term Di> > Xi aUtef>'1(ewaxx*cdcmard>d(alotaxxxil*xxxxxxxxxxxxxstern(CIO3ciaxxlwattanivectbx0i tr$44(fr n, at the office of...Bile..ERterpriSPS,...1.ac ,....2.162Sige ad..lk'1V.ee•.aree1Py , Colorado, without notice And the said lessee in consideration of the leasing of said premises as aforesaid covenant_S___and agree$_ __a, follows, to wit: To pay the rent for said premises as hereinabove provided; to keep the improvements upon said premises, including all sewer connec- tions, plumbing, wiring, and glesi, in good repair at the expense of said lessee_____, and at the expiration of this lease to surrender and deliver up said premises in as good order and condition as when the same were entered upon, lose by fire, inevitable accident or ordinary wear excepted; to sublet no part of said premises, nor assign this lease or any interest herein, without the written consent of the lessor first being obtained; to use said premises for no purpose prohibited by the laws of the United States, or the State of Colorado -0tXtX$(XO(i• niNe2'et(df)k9e_ and for no improper or questionable purpose whatsoever; to keep the sidewalks in front of and around said premises free from lee and snow, and said sidewalks and premises free from all litter, dirt, debris, any pbatrpetions; to 11gtqeeyy sa4Q pr'em$eipnepplean 99rr��d In the sanitary condition required by the ordinances and the health and police regulations of_JIs:111 411110. 1L l illlll >�VSf; te neitherpermit nor suffer any disorderly conduct noise or nu ranee whatever about Bald premises having a tendency to annoy or disturb any persons oseupy1ng adjacent premises: to neither bold nor attempt to hold the lessor liable for any injury or damage, either proximate or remote, occurring through or caused by any repairs. alterations, injury or accident to adjacent premises or other parts of the above premises not herein demised, or byyyresson of the negligence or default of the owners or occupants thereof or any other uppon said premises nor liable for or upon adjacent premise, wheionedether said defective breaking or sttoppagetric wiring. results fromrfreezing or or therwise; ttof uneitheror permit nor suffer said premises, or the walls or floors thereof, to be endangered by overloading, nor said premises to be used for any purpose which would render the insurance thereon void or the insurance risk more hazardous„ nor make any alterations or change in, upon or about said premises without first obtaining written consent therefor; to permit the lessor to place a "For Rent" card upon said premises at any time after thirty days before the end of the lease; to a1yw uid_leeepylq, any Thegn4IQ_lqur of the day to enter Into or upon and go through and view said premises; to occupy the same as O Ud �, OII -Y — 1I1 r LI, It is agreed that all asneesment for water rents that may be levied against said premises during the continuance of this lease shall be paid by the said less_Qf_ and that all charges for heating and lighting the said premise shall be paid by the said lessee__- __as the same become due and payable and that in ease said premises shall become untenable on account of damage by fire, flood or act of God. this lease may be thereupon terminated by the said lessee It is further agreed that no assent, expressed or implied, to any breach of any one or more of the covenants or agreements hereof shall be deemed or taken to be a waiver of any succeeding or other breach. It is mutually agreed that if after the expiration of this lease, the lessee _shall remain in possession of said premises, and continue to Day rent without written agreement as to such possession, then such lessee shall be regarded as a tenant from month to month at a monthly rental, payable in advance, equivalent to the last monthly installment hereunder, and subject to all the terms and provisions of this lease. It is further mutually agreed that in ease said premises are left vacant, and any part of the rent herein reserved be unpaid, then the lessor may, without in anywise being obliged so to do, and without terminating this lease, retake possession of said premises, and rent the same for such rent, and upon such conditions as the lessor may think best, making such changes and repairs as may be required, giving credit for the amount of rent so received less all expenses of such changes and repairs, and said lessee shall be liable for the balance of the rent herein reserved until the expiration of the term of this lease. IT IS EXPRESSLY UNDERSTOOD AND AGREED, By and between the parties aforesaid, that if the rent above reserved, or any part thereof, shall be in arrears, or if default shall be made in any of the covenants or agreements herein contained, to be kept by the said lessee , It shall and may be lawful for the said lessor to declare said term ended, and enter into the said premises, or any part thereof, either with or without process of law, to re-enter, and the said lessee or any person or persons occupying the same, to expel, remove, and put out, using such force as may be necessary in so doing, without being liable to prosecution op in damages therefor, and the said premises again to repossess and enjoy, as in the first and former estate of the said lessor. And. If at any time said term shall be ended as aforesaid or in any other way, the said lessee hereby covenant.S___and agree_S ___to surrender and deliver up said premises peaceably to said lessor, immediately upon the termination of said term, and if the lessee shall remain in possession of the same after the termination thereof, said lessee shall be deemed guilty of a forcible detainer of said premise under the statute, hereby waiving all notice, and shall be subject to eviction and removal, forcibly or otherwise. with or without process of law, as above stated. This lease is made by and between the parties hereto with the express understanding and agreement that, in the event the lessee becomes insolvent, or is declared bankrupt, then, in either event, the lessor may declare this lease ended, and all rights of lessee hereunder shall thereupon terminate and cease. And it is further expressly understood and agreed that all the covenants and agreements in this lease contained shall extend to and be binding upon, the heirs, executors, legal representative and assigns of the respective parties hereto. This lease is for the purpose of continued operation of the Bar known as the Fort. This lease also encompasses all terms of the Management Agreement between Jack Rice and Marian "Butch" Hanes d/b/a The Fort Restaurant and Lounge dated February 1, 1989 IN WITNESS WHEREOF, the parties hereto have executed these presents the day and year first above written. ARM SUBSCRIBED AND Lessor ....Rica..Eaterprises,--..Inc..,...a...Cn.1ar..ada..carparatian SWORN TO BEFORE ME THIS 21ST DAYS Rta e OF MARCH, 1989, BY JACK V. RICE, Ey... PRESIDENT OF RICE, ENTERPRISES, INC., dCk Rice, President AND MARION R. HANES, PRESIDENTPresident Secretary. OF THE FORT BAR & LOUN d 0,4410-74-, CiNOT T.b.e...F.ort..Har...&...Lounge...Inc...,...a...corporatio �lA_D�fd, NOTARY PUBLIC 4Sebfl, oar �� a corporation ., fafeei CO f1Y CrmmtS5t or QFPtits. By- .- . Ci" .lk ...... ... ._ [Seal] __��11 tch Hane�ss �3r'PcfdPn{ 890309 a, SECURITY AGREEMENT I. DEBTOR (name and address): 2. BANK: FIRST NATIONAL BANK 1800 Greeley Men Box 1030 Greeley. CO 80632 (Inventory and Accounts Receivable) Jack Rice and Carol Rice dba Fort 21 985 E. 18th Street Greeley, CO 80631 3. COLLATERAL: (al All Inventory of Debtor, now owned or hereafter acquired; (b) all accounts of Debtor, now existing or hereafter created (whether or not Eligible Accounts, as hereafter defined; (c) all contract rights of Debtor, now existing or hereafter created; (dl all Interest of Debtor, now existing or hereafter arising, in goods the sale or lease of which gave rise to any accounts; lei all chattel paper, documents and instruments relating to any such accounts; If) all guaranties and other coil I held by Debtor as security for or with respect to any of the foregoing; (g) any other property, rights or interests of Debtor which shall at any time come into the possession, custody or control of the Bank for any purpose and in any manner, and (hl the proceeds, products and accessions of and to any of the foregoing. Including but not limited to all general intannibles . a owned or hereafter acquired by Debtor. 4. OBLIGATIONS: (a) All obligations of Debtor to the Bank, direct or indirect, absolute or contingent, now existing or hereafter arising, Including the performance and observance of any term or condition of this agreement, and (b) all expenditures made or incurred by the Bank to protect and maintain the Collateral and to enforce its rights under this agreement, as more fully set forth herein. 5. SECURITY INTEREST: Debtor hereby grants to the Bank a security interest in the Collateral. The security interest Is given to secure payment and performance of the Obligations. Unless the context otherwise Indicates, the term "inventory" or "account" or "accounts" In this agreement refers to that part of the Collateral consisting of such property. Inventory shall include goods of Debtor in the hands of manufactuurers or suppliers or in the proem of delivery to Debtor or any representative of Debtor. Q FUTURE LOANS: la) If it so elects, the Bank may from time to time make future advances or loans ("future loans") to Debtor. Any future loans shall be part of the Obligations and shall be secured by the security Into rest granted in paragraph 5. Each future loan shall be based upon and, when added to the unpaid principal amount of all loans made hereuder, shall not exceede a percentage of the agregate amount of Debtor's Eligible Ac- counts (as defined below) then outstanding or upon such other formula ormula or borrowing base as the Bank shall determine. The Bank's determination in this regard shall be set forth in attachments from time to time affixed to this agreement, marked "Addendum" and initialed by representatives of the Bank and Debtor. This borrowing limit, as determined or set forth in the Addendum, is hereafter called "Debtor's Loan Limit." (b) An Eligible Ac- count is an account which is and shall at all times continue to be acceptable to the Bank troll respects, Standards of eligibility shall be fixed and re- vised from time to time solely by the Bank in its discretion. In general, except as modified by the Addendum, an account which continuousuly meets each of the following requirements is an Eligible Account; (I) it if lawfully owned by Debtor, and Debtor has the right to transfer any interest there- in; (ill if It arises from the sale or lease of goods, the goads have been shipped or delivered to the person who is obligated on the account (the "account debtor'); 11111 if it arises from the performance of services, such services have been fully rendered; (iv) it is a valid obligation of the ac- count debtor, enforceable in accordance with its terms and free and clear of all liens, security interests, restrictions, setoffs, adverse claims, assessments, defaults, prepayments, defenses and condition precedent other than the security created by this agreement; (v) it is evidenced by an invoice (dated not later than the date of shipment or performance and having payment terms satisfactory to the Bank) rendered to the account debtor and is not h evidenced by any Instrument or chattel paper; (vi) it not excessively pest due taking Into account commercial practice in Debtor's type of business and trade area, and (vill it Is not owned by an account debtor closely affiliated with, related to or employed by Debtor. An Eligible Account which sub- sequently tails to meet any of the listed requirements, or otherwise becomes unacceptable to the Bank, shall thereupon cease to be an Eligible Account. (c) Each future loan shall be evidenced by a promissory note in form and substance satisfactory to the Bank, executed and delivered by Debtor and (i) in the amount of such loan or Ili) in the aggregate amount of all then outstanding loans made under this agreement. In the alter- native, the Bank may charge all loans hereunder to a loan account in Debtor's name on the books of the Bank, to which will be credited all repay- ments by or an behalf of Debtor, and the balance at any time owing in such loan account shall be prime facie evidence of the then outstanding aggre- gate principal amount of all loans made under this agreement. All future loans shall be repayable as indicated in the notes evidencing them or, if not evidenced by a note on demand (in the absence of contrary instructions in the Addendum), (di All future loans shall bear interest at the rate specified in the note or notes evidencing than. If such loans are evidenced by a loan account only, Debtor shall pay to the Bank interest at the rate set forth in the Addendum or at such other rate as may be mutually agreed upon in writing between them, computed on the daily outstanding balance of the loan account during the preceding month. (el Upon demand Debtor shall pay to the Bank Immediately the amount by which the aggregate principal amount of all outstanding loans hereunder, whether or not evidenced by a note, exceeds Debtor's Loan Limit. T. WARRANTIES AND REPRESENTATIONS: Debtor warrants and represents to the Bank: (a) except for the security interest created by this agreement, Debtor is the owner of all of the inventory, or will be at the time such inventory is created or acquired, free and clear of liens, security interests and encumbrances; (b) except as otherwise indicated by Debtor to the Bank in writing, at the time each account becomes subiejct to the security interest Anted in this agreement II) Debtor will be the owner of the account, with the absolute right to transfer any interest therein, and (ill the account will be a valid obligation of the account debtor, enforceable in accordance with its terms end to the best of Debtor's knowledge and belief free and clear of all liens, security interests, restrictions, setoffs, adverse claims, assignments, defaults, prepayments, defenses and conditions precedent other than the security interest, cr by this agreement; (c) the unpaid amount and all other information shown as to the account in Debtor's books and on any schedule, certificate or report at any time given by Debtor to the Bank is and will be true and correct es of the date indicated; Id) all chattel paper, documents and instruments which are part of the Collateral are valid and genuine and comply with applicable laws concerning form, content and manner of preparation and execution, and all persons appearing to be obligated thereon have authority and capacity to contract and are bound as they appear to be; le) no financing statement covering any of the Collateral is on file in any public office other than those which reflect the security interest created by this agreement; (f) if Debtor is a corporation, its certificate or articles of incorporation and bylaws do not prohibit any .,.ferns or condition of this agreement; (g) the execution and delivery of this agreement will riot violate any law or agreement governing Debtor or to !which Debtor IS a party, and (hl all information and statements on the front page of this agreement are true and correct. The undersigned acknowledge receipt of a copy of this Security Agreement on date hereof, and agree that it includes and is subject to the ADDITIONAL PROVISIONS on the reverse side hereof, the same being Incorporated herein by reference. Jack Rice and Carol Rice dba tnx 7th day February c5t— /F✓ Jac Mice X Jii ., D (e ) Carol Rice- .'1 9 s I3`y G." JA1 -4 i-------- --- f �-- sruM Rum off;a` 1 pool, Rc Dpi, t (i a cry 31.1 89®3:9 L ,miry ,sG;?.re. N. W ti � e1 �-/P- cP9 'H1-' z t, Oct Gu C/ l in t f rr c In 1'c/IQ'r 12c ,t! my 19.6Ef;7 ymo.�y f d" 'a.< (4rhA� cif 4r r�� I G.! JDu a/AYNfaNi e ty p,'SDr• sGtiu1, Video: SUBSCRIBED AND SWORN to before me this 17th day of March, 1989, by Jack V. Rice. WITNESS my hand and official seal. Notary Publi My commission expires: 8/7/89 915 Tenth Street Greeley, CO 80631 890309 i FIRST 137ATIO AL RANK First National Bank of Greeley 1800 Greeley Mall Box 1030 Greeley. Colorado. ,2 (303) 356-2700 Member FDIC Promissory Note (with provision) PROMISSORY NOTE 1'71 7, 19 :;n $ t*l,r'i0 CO, THE UNDERSIGNED (JOINTLY AND SEVERALLY IF MORE THAN ONE) PROMISES TO PAY TO THE ORDER OF 1 : n.,.1,-..1._-14. ; ': o!: r.re :Lev (hereinafter referred to as the Bank) AT THE BANKING HOUSE OF SAID BANK THE SUM OF Por.ty one itho-te:n d andno/1C•.) * '" * * :. . * '' * ,r r * DOLLARS WIT H INTEREST AT THE RATE OF t"' PER CENT PER YEAR (360 DAY RECIPROCAL-ACrUALtDAYS).,. In PRINCIPAL INTEREST ARE PAYABLE AS FOLLOWS: r-.ontiliv ^a\aas-ats of S 10.C ) egiur1n , rncl tr r. ' the entire -.1'ncn LG nnid on maturity. Pebruary 7, 1. �.a) r. -: 2"; over lirnt 3^tional Rank of Creeley Index: Rate, rate is subject to ch:use the dry of said rage ciinnc'e. . erinning at 13.57. Security Ag,reer..ent dated T'ebruar7 7, 1989 coverinr,, a Deed of Trust. ?ecured by 'rtt7 n ncovering Accoutns receivable and inventory• �=scored b - a ' ,^uric_r krrr_c:rent dated:?ebu+at377, 1,&. aecurcd by cen;t.:i-ty 's.rcerlent dated February 7, 1939 covering an Assignment of Lire Insurance. Failure to pay any installment when due shall, at the option of the holder, cause the entire balance to be due and payable at once. After maturity, indebtedness on this note shall bear interest at a rate of four percent (4%) per annum in excess of the interest rate provided above. The holder may make a delinquency charge of five cents per dollar on each and every installment unpaid after the lapse of five days from the due date thereof. Minimum At the option of the holder, the payment of all principal and interest due in accordance with the terms of this note will be accelerated and such principal fifty cents. and interest shall be immediately due and payable without notice or demand, upon the occurrence of any of the following events of default: (a) when the holder hereof in good faith deems itself insecure; (b) default in the payment or performance of any liability or undertaking of any of the undersigned or of any maker, endorser or guarantor of any liability or undertaking of any theundersigned u of, dersignassignment ;the(benefit c) death, ah, dissolution,of otors by, e or themint com- mencemention of existence, insolvency, business failure, appointment of a receiver of any pa f the propertyerendorser creditors mencement of any proceedings under any bankruptcy or insolvency laws by or against, any makep guarantor hereof. proAny perty of any or maker, e endorser or guarantor rhiereofin the or epossess on of the from the n oldto er may at all times be held and treated as collateral security for the payment of this obligation. The holder may apply or set off such deposits or other sums against saidliabilities at any item in case of makers, but only with respect to matured liabilities in the case of endorsers or guarantors. No delay or omission on the part of the holder in exercising any right hereunder shall operate as a waiver of such right or of any other right under this note. A waiver on any one occasion shall not be construed as a bar to or waiver of any such right andlor remedy on any future occasion. The undersigned certify that this loan is obtained for business or commercial purposes and that the proceeds thereof will not be used primarily for Every maker, endorser, or cosigner of this note expressly grants to the holder the right to release or to agree not to sue any other person, or to sus - personal, family or household purposes. pend the right to enforce this note against such other person or to otherwise discharge such person; anneach such maker, endorser guarantor agrees that the exercise of such rights by the holder will have no effect upon the liability of any other person primarily Each maker, endorser or guarantor waives presentment, protest or notice of dishonor, and all duty or obligation of the holder to perfect, protect, retain, or enforce any security for the payment of this note or to proceed against any collateral before otherwise enforcing this note. The undersigned will pay on demand all costs of collections and reasonable attorney's fee, incurred or paid by the holder in enforcing this note on default. As an additional consideration for the extension of credit, each maker, endorser or guarantor understands and agrees that the loan evidenced by this note is made in the State of Colorado and the provisions hereof will be construed in accordance with the laws of Colorado; and such parties further agree that in the event of default, this note may be enforced in any court of competent jurisdictionin that state and they do hereby submit to the jurisdic- tion of said court regardless of where this note or guarantee thereof may be executed. L . ; , Jack Rice and Carol Rice D/P/A Fort 21 T4d1: Rice,' Individually ,y. i Carol Rice Individually TAXPAYER'S I.D. NO. 11400 891815 (10182) FIRST AT/OtJAL •y BANK DEBTOR (name and address) /'1 SECURITY AGREEMENT —PLEDGE Jack Rice Carol Rice 2162 Wedgewood Drive Greeley, CO 80631 1. In consideration of amounts loaned and to be loaned to Debtor or at Debtor's request by Bank, Debtor promises and agrees as follows: 2. Certain terms used in this Security Agreement —Pledge are dented as felon First National Bank of Greeley (e) "Bank" shall mean (b) "Debtor" shall mean the Debtor named above. • (c)"Colaterel"eMXmeen Secured by Collateral Note and Deed cf Trust dat2d February 7, 1989, • in the a,ount of S41,000.00 covering the following described property: Lot A, Recorded Exeription No. 0951-9-4-PE333, being a part of the E 1/2 of Lot 7, NW 1/4 SE 1/4 and a part of the West 2 acres of Lot 3, NE 1/4 SE 1/4 of Section 9, Township 5 North, urge 65 West of the 5th P.M., Weld County, Colorado, as per map recordd E .agust 30, 1973 in Book 843 as Reception No. 1765021. and other substitutional or additional property of Debtor from time to time delivered or agreed to be delivered to Bank, and any other property, rights or Interests of Debtor which shall at any lime come Into the possession, custody or control of Bank for any purpose and in any manner, and the proceeds, products, and accessions of and to any of the foregone. (d) "Obligations" shall mean (a) Al obligation of Debtor to Bank now existing or hereafter arising, direct or indirect, absolute or contingent. except obligations for repayment of consumer credit arising under any credit card issued by Bank. including the performance and observance of any term or condition of this agreement, and (b) all expenditures made or incurred by Bank to protect and maintain the Collateral and to enforce its rights under this agreement, as more fully set forth herein, including reasonable attorney's fees. ,,.. 3. SECURITY INTEREST. Debtor hereby grants to Bank a security interest in the Collateral. The security interest is given to secure the payment and performance of the Obligations. • 4. WARRANTIES AND REPRESENTATIONS. Debtor warrants and represents to Bank: (a) Debtor has title to the Collateral free and clear of a1 liens, security interests, `"' restrictions, setoffs, adverse claims, assessments, defaults, prepayments. defenses and conditions precedent except as disclosed to Bank; (b) the Collateral is enforceable in accordance with Xs terms, is genuine and comptleewith applicable laws concerning form, content and manner of preparation and execution. and all persons appearing to be obligated thereon have authority and capacity 10 contract and are bound es they appear to be; (c) no financing statement covering any of the Collateral is on file in any public office other than those (i) which reflect the security interest created by this agreement and (ii) to which Bank has specifically consented; (d) If Debtor is a corporation• its certificate or articles of incorporation end bylaws do not prohibit any term or condition of this agreement; (e) the execution and delivery of this agreement will not violate any ".. law or agreement governing Debtor or to which Debtor is a party, and (f) all information and statements above of this agreement are true end correct. 6. COVENANTS OF DEBTOR. Unless and until Bank expressly agrees to another course of action: (a) Bank shell also have a security interest in all securities and other ;.' property, rights, or interests of any description at y., any time issued or issuable as an addition to, in substitution or exchange for or with respect to the Collateral, including *1.., without limitation shares issued as dividends or as hie result of any reclassification, split-up or other corporate reorganization. Debtor snail hold in trust for and delver promptly to Bank, in the exact form received, as such secumles or other properly which comes into the possession, custody or control of Debtor. Upon demand Debtor shall . execute, assign and endorse all proxies, applications, acceptances, stock powers, chattel paper, documents, instruments and other evidences of payment or writings constituting or relating to any of the Collateral or such other property. Al assignments and endorsements by Debtor shall be in such form and substance as may be satisfactory to Bank, and Debtor hereby waives presentment, n ive of dishonor, protest, demand and all other notices with repeat thereto. (b) If Bank at any time deems the ' -Collateral unsatisfactory, upon demand rDeet ettlk ll furlNeth additional collateral or make such payment upon the Obligations as Bank may request. (c) Debtor shall not see or assign any of the Collateral and smell keeps $elchili% wily interests and adverse claims other than the security interests contemplated by (c) of paragraph 4; shall promptly notify Bank of any Event of Default, as defined in paragraph 7; shall defend the Collateral against the claims and demands of all persons, and shall pay promptly all taxes and assessments with respect to the Collateral. (d) At its option Bank may discharge taxes, lien, security interests and other claims against the Collateral and may pay for the maintenance preservation and protection thereof, including costs and expenses incidental to any actions undertaken by Bank pursuant to paragraph 6. Debtor shalt reimburse Bank on demand for any payments soe, plus interest thereon at the rale of 10% per year from the date of such payment. Any such payments by . Sank shall be a fixed indebtedness of Debtor to Bank, axm*dbySha Collateral. (e) Debtor shall from time to lime execute financing statements and other documents inform satisfactory to Bank (and pa)tifielbit cif titiilg or r ng than in whatever public offices Bank deems necessary) and pedom, such other acts as Bank may request to perfect and maintain a valid security Interest in the Collateral. p . 14-0063/00 R0982 CL -SP -774-U $903 FIRST T, :JAIPNAL RANK DEBTOR (name and address) SECURITY AGREEMENT -PLEDGE Jack rice 2162 ¶'edgevood Drive ' Greeley, Colorado ."•3C31 1. In consideration of amounts Waned and to be loaned to Debtor or at Debtor's request by Bank, Debtor promises and agrees as follows: 2. Certain terms used In this Security Agreement —Pledge are defined as follows: T'ir ,t National flank o£ Greeley (a)"Bank" shall mean. (b) "Debtor" shall mean the Debtor named above. (e) "Collateral" shall mean and other substitutional or additional property of Debtor from time 10 time delivered or agreed to be delivered to Bank, and any other property, rights or interests of Debtor which shall at any time come into the possession, custody or control of Bank for any purpose and in any manner, and the proceeds, products, and accessions of and to any of the foregoing. (0) "Obligations" shall mean (a) AN obligations of Debtor to Bank now existing or hereafter arising. direct or indirect, absolute or contingent, except obligations for repayment of consumer credit arising under any credit card issued by Bank, including the performance and observance of any term or condition of this agreement, and (b) all expenditures made or incurred by Bank to protect and maintain the Collateral and to enforce its rights under this agreement, as more fully set forth herein, including reasonable attorney's fees. 9. SECURITY INTEREST. Debtor hereby grants to Bank a security interest in the Collateral. The security interest is given to secure the payment and performance of the Obligations. 4. WARRANTIES AND REPRESENTATIONS. Debtor warrants and represents to Bank: (a) Debtor has title to the Collateral free and clear of all liens, security interests. restrictions, setoffs, adverse claims, assessments, defaults, prepayments, defenses and conditions precedent except as disclosed to Bank: (b) the Collateral is enforceable In accordance with its terms, is genuine and complies with applicable laws concerning form, content and manner of preparation and execution, and all persons appearing to be obligated thereon have authority and capacity to contract and are bound as they appear to be: (c) no financing statement covering any of the Collateral is on file in any public office other than those (i) which reflect the security interest created by this agreement and (ii) to which Bank has specifically consented; (d) if Debtor is a corporation, its certificate or articles of incorporation and bylaws do not prohibit any term or condition of this agreement; (e) the execution and delivery of this agreement will not violate any law or agreement governing Debtor or to which Debtor is a party, and (f) all information and statements above of this agreement are true and correct. S. COVENANTS OF DEBTOR. Unless and until Bank expressly agrees to another course of action: (a) Bank shall also have a security interest in all securities and other property, rights, or interests of any description at any time issued or issuable as an addition to, in substitution or exchange for or with respect to the Collateral, including without limitation shares issued as dividends was the result of any reclassification, split-up or other corporate reorganization. Debtor shall hold in (rust for and deliver promptly to Bank, in the exact form received, all such securities or other properly which comes into the possession, custody or control of Debtor. Upon demand Debtor shall execute, assign and endorse all proxies, applications, acceptances, stock powers. chattel paper, documents, instruments and other evidences of payment or writings constituting or relating to any of the Collateral or such other property. AN assignments and endorsements by Debtor shall be in such form and substance as may be ?:. satisfactory to Bank, and Debtor hereby waives presentment. notive of dishonor, protest, demand and all other notices with raped thereto. (b) If Bank at any time deems the Collateral unsatisfactory, upon demand Debtor shall furnish such additional collateral or make such payment upon the Obligations as Bank may request. (c) Debtor shall not sell or assign any of the Collateral and shall keep it free of liens- security interests and adverse claims other than the security interests contemplated by (c) of paragraph 4; shall promptly notify Bankof any Event of Default, as defined in paragraph 7; shall defend the Collateral against the claims and demands of all persons, and shall pay promptly all taxes and assessments with respect to the Collateral. (d) At its option Bank may discharge taxes, liens, security interests and other clams against the Collateral and may pay for the maintenance preservation and protection thereof, including costs and expenses incidental to any actions undertaken by Bank pursuant to paragraph 6. Debtor shall reimburse Bank on demand for any payments so made, plus interest thereon at the rate of 10% per year from the date of such payment. Any such payments by Bank shall bee fixed indebtedness of Debtorto Bank, secured by the Collateral. (e) Debtor shall from time to time execute financing statements and other documents in form • satisfactory to Bank (and pay the cost of filing or recording them in whatever public offices Bank deems necessary) and perform such other ads as Bank may request to pellet and maintain a valid security interest in the Collateral. V 80309 CL -SP -774.0 14-0063/00 R0982 MANAGEMENT AGREEMENT THIS AGREEMENT made and entered into this _t day of February, 1989 by and. between Marion "Butch" Hanes individually d/b/a The Fort Restaurant and Lounge ("Owner") and Jack Rice ("Manager"). RECITALS A. Owner is the owner and manager of that certain restaurant and lounge known as The Fort Restaurant and. Lounge located at 985 East 18th Street, Greeley, Colorado 80631, together with all furniture, fixtures, appliances, used therein; B. Owner desires the benefit of the. Manager's services upon the terms set forth in this Agreement, and Manager is willing to accept such employment on the terms st forth below pending the `issuance by the requisite governing authorities of an appropriate liquor licence to manager. FOR THE REASONS SET FORTE ABOVE, and in consideration of covenants and agreements herein, the parties agree as follows: 1. Manager shall be the exclusive manager of The Fort Restaurant and Lounge and shall provide Owner with all services customarily provided for in such instances. t;; �, '�,.` f• Manager shall be entitled to the collection and receipt of any and all revenues and receipts from the operation of"said "•.`" E"' restaurant and lounge, and shall be solely and completely responsible 'for any and all costs,., expenses, wages and other compensation,. taxes, social security payments insurance premiums, claims, demands, and «rwg Other liabilities which may accrue to Manager and/or Owner from the „date hereof and as a result of the management of andoperation of said restaurant and lounge by Manager during the term ofthis,-Agreement. Manager shall provide for and secure all insurance policies necessary to the property maintenance and preservation of .said restaurant and lounge. 4. Manager shall have full and complete authority to hire and fire all employees and shall have complete_ control of such employees, and shall be fully responsible for all compensation due such employees and all taxes of such employees and insurance for such employeesa all from the date hereof.;4'; 5. Upon the issuance by Weld County, the State of Colorado, and any and all other governing agencies of a liquor licence to Manager for the ownership and operation of The Fort Restaurant and lounge, this Agreement shall terminate and Manager shall be the sole owner of said restaurant and lounge. In the event said governing agencies refuse to issue said licence, this Agreement shall be terminated and Owner shall resume full management duties of said restaurant and lounge. 7. This Agreement shall exist for an initial period of Thirty (30) days or until the liquor licenses referred to in Paragraph 5 above have been issued, whichever first occurs. In the event the liquor licenses have not been approved and/or issued at the end of the initial thirty (30) day period, and in the further event the failure to issue such licenses was not caused by any act or omission of the Manager, then, and in such event, this Agreement shall continue on from day to day until the appropriate governing authorities have either issues or refused to issue the liquor licenses to the Manager in which event the parties shall proceed pursuant to Paragraph 5 above. 8. Manager shall idemnify and hold Owner harmless from any and all liabilities and/or obligations relative to the operation and management of said restaurant and lounge by Manager. In the event either party to this Agreement shall be required to retain counsel in order to enforce the terms hereof, the prevailing party shall be entitled to recover from the other party any and all costs and expenses incurred by such party in the enforcement hereof, IN WITNESS WHEREOF, the parties hereto have executed this Management Agreement the day and year first above written. THE FORT INC. ti DH 8401 •1(1/88) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION ,.. INDIVIDUAL HISTORY RECORD , 1375 Sherman Street - - Denver, Colorado 80261 - To be completed by each individual applicant, each general and over 5% limited partner of a partnership, each officer, director, and over 5% stockholder of a public corporation, and the manager of the applicant. ..:;• • "' ' ' _ ' NOTICE: This individual History Record provides basic information which is necessary for the licensing authorities' investigation. ALL questions must be answered in their entirety. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood will Jeopardize the application as such falsehood within Itself constitutes evidence regarding the character and reputation of the s. . aYei applicant` 4x - � <. fir: � .� ,,� , 1. Name of Business - . • "`_ R / G"C `N re c rt / c Q n Pi/C. a -t i4, 3 J'o a 9 Social Security Number: (,,, ' 2. Your Full Name: (last/first/middle) , �,.. xo-, s t '1 rot t „.Ti,¢ a j't' a w(rait .'rj:? *' r 3. Also Known As: (maiden name/nickname etc.) •j�f -ce,- r.CL D I ` �, .. ,$t s. i4 �'tc-1f ;i '1 4. )Mailing Address: (If different from rest ) �� c- ��„ 'iv "`�'^+ �+"'` ' Home Telephone .^`n 1✓ ." .� . 'TL ..,,,,,s,-, ar r r s° ` / G PCTY\ ". t, '., � nN'a ww �. ,. t 4 """�?' r`7v �.S�— .� O.1^ y 5. Residence Address: (street and number, citystate, zip , �'; "r a . 'w3w .. «.,6� x a u a .,1 . w z ... /C0Z'�,"atdyti II oo D D}� �1..a-e./e/ Cr_s d., pnb� A. Is your residence , .„ =,x n -'-.DOWNED . "` ; if rented from whom? #FiJ RENTED .' ", ' /ICA ,V .atiG'e_''3".'_^• ., S. x?e 'd')'i 7. Date of Birth: ' I /C/L 4„, of U.S., District Court 4 s. 1�+411,•> Y''' Naturalization Cerdfcate No.: ' ' :Date of Certificate ms in gen' • ve Alien's • i • lstratlon Card No.: Permanant Residence Card No.: eitHeIght u m9 _ . We B� Co , Eye Co rr'"r Sex' ', _ I% t C Do You have" Colorado Driver's License? ryes; give number , r gym', °7 r YES': ^ (sole owner, paer corporate oMa('dreaor' itoddcWa or anapei)' : 11,; What Is yew relationship e_ c --r dI—uw t ti RCtdY+ J 12. If Sto , Nutter of Shares Owned ��Beneficially or of Record ` ' '! L r ' e'r �' , - Percent of Outstandln 3 Stock Owned 7tt R't . 4K.i:;} , ,Ti .. a •_ { , �Y, df 13.1f Partner, state whether:''`" ,.„ y .. -w-, GENERAL .r;- < ' © LIMITED .{�, Percent of Psrtnersh Beneficially 0 ned t x ,tn>*, .... ,..* F Y'r,tq Je A 14. Name of Present Employer. „:,..,•;.5...4, `..'' ` y", r ... ',�, + +, ,n ' yon'2:cut 4.':,h)fi ,f6 . �' ,` :x t 15.Type of Business of Employment {; `: �' `, ? aC t, � .... 18, Address of Business Where Employed: (street and number, city, state, zip) Business Telephone 17. Present Position: yu,iSa, 1 x,Y�i ` #$r4 " ` [di I 4..— , usM1`O {....,fir+ Y.. '.`' .. 1 e. L ."�.y Y4�'. L,yye" .a 18 Marital Status`" ,_�:.•. ,. �..' '.. I,,.;u1 !,, .4.n 1n:uae, •.n Ifapplicable) e e 4 ,�y �f r 1 `I r ,x - — e„1111 —'••,+-e .' '! 20' 's Date • -'_Tr J4F—�.YI�M' • . , c :" ��. a 21. Spouse's residence address, If afferent than yours (give street and number, city, state, zip) • -? ua ‘` t ` ,, r: itii+ " dr, rfi 4''Ys>,�:1S$' 22. Spouse's Present Employer. .:,. 't"' _ , '. , rt ' esona r Y ' - . 23, Address of genuses Present Employer: 24. List the name(s) of all relatives working in the liquor Industry, give their:. , Name of Relative: Relationship to You: Position held:. Name of Employer: ,.'t. Location of Employe r. , CONTINUED ON REVERSE SIDE 41113; 9 25. Do you now, or have you ever held a direct or it ,ct Interest In a State of Colorado Liquor or Beer License', yes; answer In detail. ❑ YES NO 25. Do you now, or have you ever had a direct or Indirect interest in a liquor or beer license, or been employed In a liquor or beer related business outside of the State of Coorado? K yes,' describe in detail ❑ YES NO - _4 27. Have you ever been convicted of a crime, fined, Imprisoned, placed on probation, received a suspended sentence or forfeited bail for any offense in criminal or military court? (Do not include traffic violations, unless they resulted In suspension or revocation of your driver's license, or you were convicted of driving under the Influence of alcoholic beverages) If yes. explain In detail , ... r.. • R] YES ❑ NO rnW, A, :.. CeP, t.ox -. 28. Have you ever received a violation notice, suspension or revocation for a liquor law violation, or been denied a liquor or beer license anywhere in the U.S.? If 'yes," explain in detail. ❑YES yl.... :. ..: - P 29. Have you ever held a gambling or gaming license or owned a Federal Gambling Stamp? It yes,' explain in detail below. State/Federal: City: Serial No.;: 31. List all addresses where you have lived for the last five years. (Attach separate sheet if necessary) '''.. �&i.*S -r 1,fitr Street and Number to 2/62 /the1 e'firop City, State, Zip ;ai'' 32. List ell former employers or businesses engaged In within the last five years. (Attach separate sheets if necessary.) Name of employer.. Am- d, o° 6; t`. Address: (street, number, dry, state, zip) a- "x it: to; 8a4r/ Position Held: that 4 AOc' J -z State: From: o.' From: H Mp7: 17 To: "e • 1i •_; "_ teals I'f1 ii „...,�,,.:....,�.,ric oar: vouch ki •-',.:..,,.w is a ,,,,�.,.., �, wr; 3s.`Llat the names and attach Iettera of recommeriaedori • m three persona you good �iaraaer "'fitness In connection with this eppltcatlom... v Name of reference: Jpu r h Pip fJink n Son II/ Address: (street, number, city, state, zip) No. of Years Known: • Pox -S-SS- f,T6ANJtcuni Co Rcit 9 Pe/Co1 o, Foot- / 4/J3 Ilomej OATH OF APPLICANT o ?o63t tc—y.c-h. I declare under penalty of perjury in the second degree that I have read the foregoing application and all attachments thereto, and that all information therein is true, correct, and complete to the best of my knowledge. Singature: Title: plLec.fu'- Date 3--70— 8.9 rr— \C'Nairh�n Pr2C—Tam / (,ter 4w, /t /lift. l //R�21- Into ‘%t ri cr F,t /4 y v0 0-72.-- y � r c �irn.2s ✓}nll� KO/oW N,WI TU G�e'' SY ViL{27 dSioG'-.CSC/)/e- 4n10 l3t-fe'w/) /r P?r2st,i, �<<,'e.6.0 /=u 'C 01 r 2v0Anl ^ Lv So /2_, (oty5Ta✓ t1/0W c), A. 7-7 /4 /1- (') nl �. P2 Jr' virt s f<V\(o Lti REP t - LA v+ C<�,� A etc Nis c,:" o,; K . c..lic7 rAw IJ Sc ; r c7 rtC T1t. L I (.1 /O/�, !7 �C� fec � n(0'-- fr.\/Uv 11k-1) Co- (b A I'," h '/ r (l,+<;-.) S„L / 1, S,-(/6- (c.. 211 S( 6vs 890309 ccT ]1 » e/.lt Roofing Remodeling Hubert Sealey Jr. 433 26th Avenue Greeley, Colorado 80631 Bus. 353-7814 it2,/f0 -they LLZ a Q _ r( a—• ROOFING * REMODELING * CEMENT * PATIOS 890309 STATE RADO DEPARTMENT OF STATE CERI IFICATE I, NATALIE MEYER, Secretary of State of the State of Colorado hereby certify that the prerequisites for the issuance of this certificate have been fulfilled in compli- ance with law and are found to conform to law. Accordingly, the undersigned, by virtue of the authority vested in me by law, hereby issues A CERTIFICATE OF INCORPORATION TO RICE ENTERPRISES, INC. Dated: MARCH 1, 1989 SECRETARY OF STATE K 890309 DRL 1555 (Rev. 10/83) .' BEER AND LIQUOR LICENSE APPL' TION STATE OF COLORADO DOCUMENTS CHECKLIST AND WORKSHEET DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION INSTRUCTIONS: This checklist MUST be completed by the applicant and the local licensing authority, and submitted with all necessary documents. ALL documents must be properly signed and correspond with the name of the applicant exactly. Copies (other than application) may be accepted if signatures are legible. ALL documents must be typed or legibly printed in BLACK INK. Upon final State approval, the license will be mailed to the local licensing authority. TYPE OF APPLICANT (check one): Ii Individual I Partnership 1f Corporation NAME OF APPLICANT: lar Ce Z., J er r[`Se 5 --I-4C • TRADE NAME: bU r ( c2( / PLEASE CHECK ALL APPROPRIATE BOXES Applicant Local State Documents 7Se ydu,v 4/.22. i I. APPLICATION OR ADDENDUM I I=it -E7I I'x1 I -I * I;l Ixx, - iVi II* - II. PROOF OF�P POSSESSION IS) 1=1* A. Deed (or) I=1 i i I I=I* B. Lease) N/A I —I I —I I —I A. Original (green or yellow), not a copy B. Complete all appropriate sections ✓ C. Sign application D. Attach appropriate fee 1. Lease must cover entire license period (minimum one year) I=1 1_1 I_I* C. Lease Assignment ,O/ I=I I=I I=1 1. Acceptance of applicant II II II •2. Consent by landlord 1I Ii 1I D. All possession documents must be signed /2j (1 IX I II* E. Floor diagram of premises to be licensed (maximum size 8 1/2" x 14") III. FINANCIAL DOCUMENTS I I I1* A. Purchase agreement or stock transfer agreement • II Ii I1 B. Affidavit on source of all funds invested ,v;/(4 (Continued on Reverse Side) 890309 Applicant Local Sta. Docurt s I I 1X1 1i C. Notes or loans (i.e., assumed, banks, previous owner, etc.) 1 1 I 1 1. Applicant may not have any unlawful — financial interest in any other licensed establishment IV. BACKGROUND INFORMATION I -X.1 11* A. Individual History Record(s) (form DRL 404-I) ✓ I X 1 11 B. Fingerprints taken and submitted V. MANAGEMENT if other than appli ant) I I 1---1* A. Manager Re•'stration F.rm (form DRL 367) 1=1 11 1=i 1 1 II 11 ICI Cl I/I 1-1 I I I I1 "CO fce Restaurant only if Hotel ana -ease B. Written mana;.-ment ag -ement (or) C. Affidavi describing dutie limitations and compens. ion VI. CORPORATE DOCUMENTS (if applicable) A. Certificate of Incorporation (or) B. Certificate of Good Standing if corporation is more than two years old (or) C. Certificate of Authorization if foreign corporation D. Articles of Incorporation E. Minutes of meeting electing current officers F.. ock certificates (100% of issued stock) G. List of officers, stockholders and directors of parent corporation (if applicable) VII. PAR ERSHIP DOCUMENTS (if a.. icable) I_I I_I 1_1* A. Partn- hip agre- ent (general or limited) 1 I II II 1. Not n- .-• if husband and wife II I1 I1 B. Dissol ionment of pa •-rship (if applicable) VIII. ADDITIONAL LOCAL REQUIREMENTS 174-1 1 A. B. 3 letters of rpfAr_e*yn 890309 DR 8401 - I (1/88) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 Sherman Street Denver, Colorado 80261 To be completed by each individual applicant, each general and over 5% limited partner of a partnership, each officer, director, and over 5% stockholder of a public corporation, and the manager of the applicant. NOTICE: This individual History Record provides basic information which is necessary for the licensing authorities' investigation. ALL questions must be answered in their entirety. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood will Jeopardize the application as such falsehood within itself constitutes evidence regarding the character and reputation of the applicant. 1. Name of Business: / 2. Your Full Name: (last/first/middle) C -E, —17A /c 4. )Mailing Address: (if different from residence) 97, F //V 4,1“ 5. Residence Address: (street and number, city, state, zip x'/6'2 1 *tJj't4+Co b . *- 6. Is your residence: al -OWNED INDIVIDUAL HISTORY RECORD 'Date: r e /t. % c Lt, y c (r 3/ C��eley/cG, g -c 3/ ❑ RENTED Social Security Number: % 3. Also Known As: (maiden name/nickname, etc.) Home Telephone: 2I - 2-eS If rented, from whom? 7. Date of Birth: II naturalized, state where: Place of Birth: When: 8. U.S. Citizen? gi YES NO Name of U.S. District Court: Naturalization Certificate No.: Date of Certificate: If an alien, give Alien's Registration Card No.: Race: lv Permanent Residence Card No.: 10. Do you have a Colorado Drivels License? If 'yes' give number: (] YES ❑ NO ( 9. Height:Sex: 11. What is your relationship to the applicant? (sole owner, partner. corporate officer, direr, stockholder or manager): Weight / 9c Hair Color: l;YA/ Eye Color: C . /c/ le2. If Stockholder, Number of Shares Owned Beneficially or of Record: H 1VLJ tz aNvci - 3owo,') X �'�{-` 5) 00 0 • 13. If Partner, state whether. ❑ GENERAL ❑ LIMITED u/A 14. Name of Present Employer: 16. Address of usiness Where Employed: (street and number, city, state, zip) Percent of Outstanding Stock Owned: Percent of Partnership Beneficially Owned: � � /A 1 of Business of Employment 3,a2 Business Telephone: 17. Present Position: Mgr •19. 18. Marital Status: 1 Name of Spouse: (include maiden name if applicable) 20. Spouse's Date of Birth: q t-e s Place of Birth: 21. pouse's residence address, if different rthan d hr yours: (give street and number, �city, state zip) (are /L tJ , 2 o � 0 22.02/4942 Spouse's Present Em ployerl n D - 3d -P. 1 I Occupation: 23, Address of Spouse's Present Employer: �j l arts-/L/.Q Qnin E /�thl 185 eSIL, 24. List the name(s) of all relatives working in the liquor industry, give their: Name Relative: Relationship to You: Position held: Name of Employer: Location of Employer: of CONTINUED ON REVERSE SIDE 8903a9 25. Do you now, or have you ever held a direct or indirect interest in a State of Colorado Liquor or Beer License? If 'yes; answer in detail. YES 2 NO 26. Do you now, or have you ever had a direct Colorado? If yes,' describe in detail. or Indirect interest in a liquor or beer license, or been employed in a liquor or beer related business outside of the State of • YES WO 27. Have you ever been convicted of a crime, court? (Do not indude traffic violations, unless of alcoholic beverages.) If yes; explain fined, imprisoned, placed on probation, received a suspended sentence or forfeited bail for any offense in criminal or military they resulted in suspension or revocation of your driver's license, or you were convicted of driving under the influence in detail. l ♦ / / .O idyfX 4.46r1s/Cfi ® YES ■NO/e/7/`L /7?) 28. Have you ever received a violation notice, If 'yes,' explain in detail. suspension or revocation for a liquor law violation, or been denied a liquor or beer license anywhere in the U.S . • YES rikNO 29. Have you ever held a gambling or gaming license or owned a Federal Gambling Stamp? If yes,' explain in detail below. YES gNO State/Federal: Year: City: State: State/Federal: Year: City: State: 30. Military Service: (branch) From: To: Serial No.: Type of Discharge: 31. List all addresses where you have lived for the last five years. (Attach separate sheet if necessary) Street and Number City, State, Zip From: To: Y// /L2 l,-% c Jyv lc Cvf) Dr 12 w 4 Iy r CCCc ?o63/ /i1 A Y I F' ^7A•, h F9 32. List all former employers or businesses engaged in within the last five years. (Attach separate sheets if necessary.) Name of employer:- Address: (street, number, city, state, zip) Position Held: From: To: �71— /(i r N a, *' �rtit [ P o. O0 $ lC�/ g& j-: y- &'J% C., 1-i JCokocoz M/es Noe 79 fee-a'cl / 33. List the names and attach letters of recommendation from three persons who can vouch for your good character and fitness in connection with this application. Name of reference: Address: (street, number, city, state, zip) No. of Years Known: f6 G.e 1V 66, c- G// 7 I d. Rai 677 Itt-/71 Co Po 63z. y e fey 6- /9 6 e t-- -7/ .7 % 2 att 0,.,- i ‘. / y/ e o o % 7 l _Al 2 :fa Frnd 10:10.4 Elf LIN j202, % qtr a, -e- G��7, a-0?6103/ /O y/x7e. � OATH OF APPLICANT I declare under penalty of perjury in the second degree that I have read the foregoing application and all attachments thereto, and that all information therein is true, correct, and complete to the best of my knowledge. Singature: oe,lJ e;.," Title: c ` it Date: 3- 7 — 79 890309 STROH TWIN CITY Distributor of Stroh 611 8th Street, P.O. Branch Warehouse: DISTRIBUTING, b.4C. Products Box 637, Greeley, Colorado 80632 • 303/352-5360 210 Baker St, P.O. Box 2113, Longmont, CO 80501 • 303/651-7480 March 6, 1989 Department of Revenue State Capitol Annex 1375 Sherman Street Denver, Colorado 80261 To Whom It May Concern: For the past 10 years I have known Mr. Jack V. Rice as an employee, a businessman, and a personal friend. Mr. Rice has always displayed to me qualities of good character, honesty and a sense of responsibility. He is a devoted family man and a credit to the community. If you need further information about this individual, please feel free to give me a call. Sincerely, ‘1416:A. om Gebbie President STROH'S • STROH LIGHT • SIGNATURE • WHITE MOUNTAIN COOLER SCHLITZ • SCHLITZ MALT LIQUOR OLD MILWAUKEE • OLD MILWAUKEE LIGHT • SCHAEFER • SCHAEFER LIGHT 8913309 Match 7, 1989 Department of Revenue State Capitol Annex 1375 Sherman Street Denver, Colorado 80261 To whom it may concern: I have known Jack V. Rice for seven years. As a salesman calling on the drug store I managed, as a friend, and as a fellow employee. I feel Jack is of high moral character. I have always found Jack to be honest and trustworthy in my dealings with him, both in customer/salesman and employee/ employee relationships. If you wish further information please call me. Terry Gaber 3139 20th Avenue Greeley, Colorado 80631 356-5417 (home) 352-5360 (work) 89030►9 WILL/WAY DISTRIBUTING • JUICE • • BEVERAGES • • AMWAY 7afct_ 7, A )• /7z 4• &t•_ tz a Uyee AArlan c ixi2 c y e m:, tit--G`''r n gir a ei v //CCCi1If 3 ,, 7 ,2_, L.f- /2./ 7 1 2/666(-4 --1.6-%"✓ Ca x :-r ( CCU/ Ache STAN WILLAMSON 2229 9th Avenue • Greeley, Colorado 80631 • 303-352-2757 8903?'9 . DR 8401'• I (1/88) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION INDIVIDUAL HISTORY RECORD 1375 Sherman Street Denver, Colorado 80261 To be completed by each individual applicant, each general and over 5% limited partner of a partnership, each officer, director, and over 5% stockholder of a public corporation, and the manager of the applicant. NOTICE: This individual History Record provides basic information which is necessary for the licensing authorities' investigation. ALL questions must be answered in their entirety. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood will Jeopardize the application as such falsehood within itself constitutes evidence regarding the character and reputation of the applicant. 1. Name of Business: F 1'4 -2.l Date: d//- /I9 Social Security Number. . 2. You Full Name: (last/first/middle) H//e, 2/;),eoI, L. 3. Also Known As: (maiden name/nickname, etc.) (gee 1_, L. a#o 4 4. )Mailing Address: (if different from residence) 9Ys r /41717~5t (, n ree%y. 27/el S0‘z i Home Telephone: `_g 473'—o0.sx,/ 5. Residence Address: (street and number, city, state, zip O5/47 -{ ale c/(yP toeoc2) hr Aire 04y, rid L. S06.J/ 6. Is your residence: g OWNED ❑ RENTED If rented, from whom? 7. Date of Birth: /// Place of Birth: r�t �%7�,-��; . r� l.; 8. U.S. Citizen? gi YES ❑ NO If naturalized, state where: When: Name of U.S. District Court: Naturalization Certificate No.: Date of Certificate: If an alien, give Alien's Registration Card No.: Permanent Residence Card No.: 9. Height: �-, 6„ Weight: / 4 i Hair Color: 3/NDE Color: Eye / ale/ PS) Sex: r I Race: 10. Do you have a Cobra Driver's License? If`yes; give number. :� YES ❑NO 11. What is your relationship to the applicant? (sole owner, partner, rgUln[ate officer, director, stockholder or manager): 12. If Stockholder, Number of Shares Owned Beneficially or of Record: (Yvrutp - 86, ce o /?arT ".SO, GG'C Percent of Outstanding Stock Owned: /O/O 13. If Partner, state whether: r.(/q ❑ GENERAL Percent of Partnership Beneficially Owned: d IR • LIMITED 14. Name �of Present Employer: T r * I 15. Type of Business of Employment: �Al- 16. Address of Business Where Employed: (street and number, city, state, zip) Business Telephone: 3642 - 99/6 17. Present Position: 18. Marital Status: /47 19. Name of Spouse: (indude maiden name if applicable) ShcK V. fRIQL 20. Spouse's Date of Birth: Spouse's Place of Birth: at yetrrzl . /lie br. 21. Spouse's residence address, if different than yours: (give street rand number, city, state, zip) c2/Gtr a.7bs/q Crat tt.j , 010 80103/ ,t.foodlr 22. Spouse's Prager) Em er: Occupation: 23, Address of Spouse's Present Employer: t (� rJIF3. 1.l)atiq u0&a"tr. brt4.-k LA, 610. 8663 24. List the name(s) of all relatives working in the liquor industry, give; their: Name of Relative: Relationship to You: Position held: Name of Employer: Location of Employer: CONTINUED ON REVERSE SIDE 890309 25. Do you now, or have you ever held a direct or indirect interest in a State of Colorado Liquor or Beer License? If 'yes; answer in detail. ❑ YES JJ NO 26. Do you now, or have you ever had a direct or indirect interest In a liquor or beer license, or been employed in a liquor or beer related business outside of the State of Colorado? If yes; describe in detail. ❑ YES NO 27. Have you ever been convicted of a crime, fined, Imprisoned, placed on probation, received a suspended sentence or forfeited bail for any offense in criminal or militar::' court? (Do not include traffic violations, unless they resulted in suspension or revocation of your drivers license, or you were convicted of driving under the influence of alcoholic beverages.) If yes; explain in detail. j ❑ YES JEJNO 28. Have you ever received a violation notice, suspension or revocation for a liquor law violation, or been denied a liquor or beer license anywhere in the U.S.? If 'yes,' explain in detail. D YES ® NO 29. Have you ever held a gambling or gaming license or owned a Federal Gambling Stamp? If yes,' explain in detail below. ❑ YES ® NO State/Federal: Year: City: State: State/Federal: Year: City: State: 30. Military Service: (branch) From: To: Serial No.: Type of Discharge: 31. List all addresses where you have lived for the last five years. (Attach separate sheet if necessary) Street and Number .. 7 2, r-(Jac%U C, CU CG'C2 Dr City, State, Zip r lyr'Q rL/e / 00 /o From: May /98-1 To: /l>ti h'89 32. List all former employers or businesses engaged in within the last five years. (Attach separate sheets if necessary.) Name of employer:. Sur tr:er 5u trttk 3yaLs> L;GL[ ed-Cucrvry kmbrr ' . ; r u to 33. List the names and attach letters of recommendation from three persons who can vouch for your good character and fitness in connection with this application. Name of reference: Address: (street, number, city, No. of Years Known: / 3yy98e/, \a n/1 n at? tot Hot Lo -Sod i4, QO/0 /e2- yrs e fled f 1 el \aydson6 -fa, �1 014.21 Mf A; r2 L. Grail nt GrailI Lp Cc 1 o /1 \ CLEIQ. 9n r to0( J01o.tlt .3 .C.O.Ton, `olio yrS tomo''5 {f{'QrcX Address: (street, number, dry, state, zip) 7/09 ,E, /Yth si Pc/08C6d I &X S. /8 th S Crec I e 9, 04 243 Position Held: C rIC ( CIzrK From: r°/yd 6// 7 'Is? OATH OF APPLICANT I declare under penalty of perjury in the second degree that I have read the foregoing application and all attachments thereto, and that all information therein is true, correct, and complete to the best of my knowledge. Singature: Tide: S f.. C/TV—t n -S 8903C9 Greeley, Colorado March 15, 1989 Colorado Department of Revenue State Capitol 1375 Sherman Denver, Colorado 80261 To Whom It May Concern: I am writing this letter concerning Carol Rice. I have known Carol for eleven years, and in my opinion, Carol is a very honest and sincere person with high character and integrity. In every situation that I have observed, Carol has dis- played the above traits. Should you have any questions, please do not hesitate to contact me at 353-3770 in Greeley. Sincerely, Carol D. Richardson 890309 March 17, 1989 Colorado Department of Revenue 1375 Sherman Street Denver, Colo 80261 To Whom It May Concern: I have known Carol Rice for several years. She has always had high moral standards and been of very good character. Her trustworthyness is unquestioned. She should be capable of accomplising anything she attempts. Carol and her husband, Jack Rice, would be a good addition to the business community in Greeley. Sincerely, Carol Connell 890309 .1 6 60> ✓14M - 2o. 2Oa, 2d'.9 taco �40 cPo6>6-o2d'8 mum& (s08) 464 2106 March 16, 1989 To whom it may concern: I have known Carol L. Rice only for a short period of time. She was an employee for one of my clients. She worked for my client Oct 1, 1988 through December, 1988. In working with her I found her to be responsible, honest, conscientious about her work. I believe in her abilities and integrity enough that I have taken her on as a client. Sincerely, Mrs. Jane Orr 890309 S FL -1 (Rex,. 3/88) DEPARTMENT OF STATE Corporations Section 1560 Broadway, Suite 200 Denver, Colorado 80202 (303) 894-2251 Notice of Filing of Articles of Incorporation or Application for Certificate of Authority Your Articles of Incorporation or Application for Certificate of Authority has been accepted and filed. The enclosed Certificate is issued to you as evidence of your corporate existence and authority to transact business in this state. As an authorized corporation, you are required to maintain continuously both a Registered Agent and a Registered Office in this state. Any change of Agent or Office requires the filing of a statement to that effect within thirty days of such change. In addition, every corporation is required to file a Corporate Report no later than May 1st of each biennium (every other year). The first Corporate Report of a corporation is due in the second year following its date of incorporation or qualification in this state (e.g. if its date of incorporation or qualification in this state is in 1984 the first Report would be due in 1986 The Corporate Report will be mailed to your Registered Agent at the Registered Office as shown on our records and will not be forwarded by the post office, so please notify the Corporations Section of the changes discussed in the prior paragraph. If you are in need of any further service, please contact us. Our office hours are from 8:30 a.m. to 5 p.m., Monday through Friday. Telephone Number: 894-2.251. Our best wishes for success in your new venture. 890309 RECc I'.t L,. ARTICLES OF INCORPORATION PPn I ii 07h;}'Ea 3C- ` STAfEOF 0:1,: t• OF RICE ENTERPRISES, INC. KNOW ALL MEN BY THESE PRESENTS: 1,4 That the undersigned incorporator(s), being a natural person(s) of the full age of eighteen (18) years or more, and desiring to form a corporate entity under the laws of the State of Colorado, hereby assign, verify, and deliver in duplicate to the Secretary of State, State of Colorado, these ARTICLES OF INCORPORATION. ARTICLE I Corporate Name The name of the corporation shall be Rice Enterprises, Inc.. ARTICLF II Registered Offirar and Agent The registered office of the corporation shall be 2162 Wedgewood Drive, City of Gs.ley, County of Weld, State of Colorado, and the name of the initial Leyistered agent at such address is Jack Rice. Either the registered office or registered agent may be changed in the manner provided by law. Name ARTICLE III IncoLporators The name and address of each incorporator is as follows: Address Jack Rice 2162 Wedgewood Drive GLeeley, Colorado 80631 ARTICT.F IV Capital Section 1. One Class of Stock: The aggregate number of shares which this corporation shall have the authority to issue is 50,000 shares, each with $2.00 par value, which shares shall be designated "Carton Stock". No shares shall be issued until it has been paid for, and it shall thereafter be non - assessable. Section 2. Voting: Each shareholder shall have one vote for each share of stock standing in his/her/its name on the books of the corporation and entitled to vote, except that in the election of directors he/she/it shall have the right to vote such number of shares for as many persons as there are directors to be elected. Cumulative voting shall not be allowed in the election of directors or for any other purpose. 890309 Section 3. Quorum and Shareholders Meetings: At all meetings of the shareholders, 51% of the shares entitled to vote at such meeting, represented in person or in proxy, shall constitute a quorum. Section 4. No Pre -motive Rights: No holder of any stock of the coL},oration shall be entitled, as a matter of right, to purchase, subscribe for or otherwise acquire any new or additional shares of stock of the co1yuration of any class, or any options or warrants to purchase, subscribe for or otherwise acquire any such new or additional shares, or any shares, bonds, notes, debentures or other securities convertible into or carrying options or warrants to purchase, subscribe for or otherwise acquire any such new or aclritional shares. ARTICLE V Distributions and Partial Liquidations The Board of Directors may from time to time distribute to the shareholders in partial liquidation out of stated capital or capital surplus of the corporation, a portion of its assets, in cash or property, as subject to the limitations contained in appropriate statutes of the State of Colorado contained within the "Colorado Corporation Code". ARTICLE VI Regulation of Internal Affairs Section 1. Board of Directors: The general business and affairs of the corporation shall be managed by a Board of Directors consisting of not less than three (3) members. Section 2. Bylaws: The Board of Directors shall have the power to make, alter, amend, or appeal the Bylaws, but any Bylaws so made may be altered, amended or appealed by the affirmative vote of two --thirds of the shareholders having voting rights at any annual or special meeting called for that purpose. Section 3. Conflict of Interest: No contract or other transaction between this Corporation and one or more of its Directors or any other Corporation, firm asqnriation, or entity in which one or more of its directors are directors or officers or are financially interested shall be either void or voidable solely becance of such relationship or interest or solely because such directors are present at the meeting of the Board of Directors or a committee thereof which authorizes, approves, ratifies such contract or transaction or solely because their votes will be counted for such purpose if: a) The fact that such relationship or interest is disclosed or known to the Board of Directors or committee which authorizes, approves, or ratifies the contract or transaction by a vote or consent sufficient for the purpose without counting the votes or consents of such interested directors; b) The fact that such relationship or interest is disclosed or known to the shareholders entitled to vote and they authorize, approve, or ratify such contract or such transaction by vote or written consent; 890309 c) The contract or transaction is fair and reasonable to the corporation. Common or interested directors may be counted in determining the presence of a quorum at a meeting of the Board of Directors or committee thereof which authorizes, approves, or ratifies this contract or transaction. Section 4. Officers: The officers of the Corporation shall consist of at least a President, a Secretary, and a Treasurer, and such other officers as may be appointed by the Board of Directors or prescribed in the Bylaws, and all such officers shall be elected by the Board of Directors at such time, and in the manner as prescribed by the Bylaws. Such officers and assistant officers and agents as are deemed necessary may be compensated for their services in the manner described in the Bylaws. Any two or more offices may be held by the same person, except the office of President and Secretary. All officers of the Corporation shall be natural persons over the age of eighteen years. ARTIa F VII Duration The period of the duration of the Corporation is perpetual. ARTICIF VIII Purposes and Powers Section 1. Purposes: The purpose for which this Corwvration is organized and the nature of the business to be carried on by it are as follows: a) To engage in and transact all lawful business for which corporations may be incorporated under and as syeoified in the "Colorado Corporation Code" and the applicable corporate laws of any jurisdiction in which this Corporation shall do business; b) To act in the State of Colorado and any state, territory, district or possession of the United States, or in any foreign country in the capacity of agent, or representative for any individual, association, or legal entity, respecting any business; c) To do everything necessary, proper., advisable, or convenient for the acoomplishmernt of the purposes hereinabove set forth and to do all things incidental thereto. Section 2. Powers: Subject to any specific limitations by these Articles of Incorporation, the powers which the Corporation shall have are as follows: a) All those powers syec,i.fied in the "Colorado Corporation Cor7a"; said Corporation being formed for the general purpose of operating a bar and restaurant to be known as the "Fort 21"; b) The power to carry out the purposes hereinabove set forth in any state, territory, district or prtsession of the United States or in any foreign jurisdiction; and in the race of any jurisdiction in which one or more of 890309 such purposes are forbidden by law, to limit the purpose or purposes accordingly under which this Coipuuation proposes to carry on its business in such jurisdiction, so that such purpose or purposes are not forbidden by the law thereof. c) To the extent the provisions of the "Colorado Corporation rmAr" will not be applicable law in any such state, territory, district or possession of the United States, or any foreign country, the following specific powers are hereby adopted by way of example and not limitation: 1) To sue and be sued, to complain and defend, and to participate in adminisLLative or other proceedings in the Corporate name; 2) To have a Corporate Seal which may be altered at pleasure and to use the same by causing it, or a facsimile thereof, to be impressed or affixed or in any other manner reproduced. Said Beal may consist of a rubber stamp with a facsimile affixed thereon of the seal required to be used and may be placed or stamped upon the document requiring the seal with indelible ink; 3) To purchase, take, receive, lease, or otherwise acquire, own, hold, improve, use, and otherwise deal in and with real or personal property, or any interest therein, wherever situated; 4) To sell, convey, mortgage, pledge, lease, exchange, transfer and otherwise dispose of all or any part of its property and assets; 5) To lend money to, to guarantee the obligations of, and to otherwise assist its employees (other than employees who are also directors of the Corporation) and, upon the affirmative vote of the holders of two- thirds of the outstanding shares of the corporation which are entitled to vote for Directors, to lend money, to guarantee the obligations of, and to otherwise assist the Directors of the Corporation, or of any other corporation, the majority of whose voting capital stock is owned by the Corporation. But no such loans or guarantees shall be made by a corporation secured by its shares; 6) To purchase, take, receive, subscribe for, or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, lend, pledge, or otherwise dispose of and otherwise use and deal in and with shares of other interest in or obligations of other domestic or foreign corporations, associations, partnerships, or individuals or direct or indirect obligations of the United States, or any other government, state, territory, governmental district, or municipality, or of any instrumentality thereof; 7) To make contracts and guarantees and incur liabilities, borrow money at such a rate of interest as the Corporation may determine, issue its notes, bonds and other obligations, and secure any other obligations by mortgage, or pledge all or any of its property, franchise, and income; 8) To lend money for its corporate purposes, to invest and reinvest its funds, and to take and hold real and personal property as security 8903/9 for the payment of funds so loaned or invested or as security for the obligations of others to it; 9) To conduct its business, carry on its operations, and have offires and exercise the powers granted by this document and the "Colorado Corporations Code" within or without the State of Colorado; 10) To elect or appoint officers and agents of the Corporation and define their duties and fix their compensation; 11) To make and alter Bylaws, not inconsistent with these Articles of Incorporation or with the laws of the State of Colorado for the administration and regulation of the affairs of this Corporation; 12) To make donations for the public welfare or for charitable, scientific, or educational purposes; 13) To transact any lawful business which the Board of Directors finds to be in aid of the policy of the State of Colorado or the United States or any of its territories, districts or possession; 14) To indemnify any of the officers, directors, or management personnel of this Corporation from any liability or expenses incurred by reason of litigation against them in their capacities as directors, officers, or employees of this Corporation to the full extent as provided for in the "Colorado Corporation code" and as speafically provided for in the provisions of Colorado Revised Statutes 7-3-101.5 as are and were in existence as of January 1, 1988, or as thereafter from time to time amended; 15) To pay pensions and establish pension plans, pension trust, profit sharing plans, stock bonus pans, stock option plans and other incentive plans and provide medical service, life, sickness, accident, disability, or unemployment insurance, education, housing, social and recreational services, and such other and similar aids and services for any of the directors, officers, and employees of this Corporation or any subsidiary thereof, wholly or partly, at the expense of this Corporation; 16) To cease its corporate activities and surrender its corporate franchise; 17) To enter into general partnerships, limited partnerships (whether the Corporation is limited or a general partner), joint ventures, syndicates, pools, acsoriations, and other arrangements for carrying on one or more of the purposes set forth in these Articles of Incorporation, jointly or in cannon with others; and 18) To have and exercise all powers necessary and convenient to affect these purposes. d) The powers by written document executed in the manner provided by the conveyance of real estate by corporations, under the "Colorado Corporation (-rap", to appoint agents or attorneys -in -fact to convey this Corporations 890309 real estate. All conveyances executed by such agents or attorneys -in -fact in the name of this Corporation shall pass the legal title of the Corporation to the real estate thereby conveyed, as effectively as such conveyances have been executed by the Corporation in the manner provided by law for the conveyance of real estate by corporations generally; and it shall not be necessary to affix the seal of this Corporation to any conveyance so executed by such agent or attorney -in -fact. ARTICLE IX Directors The initial Board of Directors shall consist of three (3) members. The name and address of the persons who are to serve as Directors until the first annual nting of the shareholders, or until their successors are elected and shall qualify, are as follows: Name Jack Rice Carol L. Rice Jeffrey Floyd Rice Address 2162 Wedgewood Drive Greeley, Colorado 80631 2162 Wedgewood Drive Greeley, Colorado 80631 2162 Wedgewood Drive Greeley, Colorado 80631 IN WITNESS WHEREOF the above -named incorporator(s) signed these Articles of Incorporation, this _ day of • , 1989. Jack Rice, Incorporator STATE OF COLORADO ) ss COUNTY OF WELD I, Donna M. Clarke, a Notary Public, hereby certify that Jack Rice, who is personally known to be the person whose name is subscribed to the fottyuing Articles of Incorporation, appeared before me this day in person and upon oath swore to the truth of the facts therein stated and aciatowledge that he signed and delivered said instrument of writing as his free and voluntary act. Given under my hand and official seal this ,2,Y day of L -c -- y 1989. My commission expires: March 7, 1991-T• // 'Notary Public 7 890309 m O ; \) x\0)2 (}j/ 2 ° w CV r ,_ k Z O EL }ocn c4 Fir ,;Gpc u. |§U-i N k j erf 0 DOD #^ !!f8 }(.3! I, 3. Article Addressed td: 0 \\ w`cv r-1 ‘Dams '1 H co 0z \/8 low \-\\ O O cc \ in tax '. Date of Delivery DOMESTIC RETURN RECEIPT PS Form 3811 890209 ATTN CAR : L I D COLORADO BUREAU OF INVESTIGATION -- CRIME INFORMATION CENTER DENVER, COLORADO 80215 THIS IDENTIFICATION RECORD, FOR LAWFUL USE ONLY, SUMMARIZES INFORMATION SENT TO THE CBI BY FINGERPRINT CONTRIBUTORS IN COLORADO. WHERE DISPOSITION IS NOT SHOWN OR FURTHER EXPLANATION OF A CHARGE OR DISPOSITION IS DESIRED, CONTACT THE AGENCY THAT FURNISHED THE FINGERPRINTS. ONLY THE. COURT. OR THE DISTRICT ATTORNEY IN WHOSE OFFICE A FINAL DISPOSITION OCCURRED CAN PROVIDE A CERTIFIED COPY OF THAT DISPOSITION. STATE LAW GOVERNS ACCESS TO SEALED RECORDS. UNLESS FINGERPRINTS ACCOMPANIED YOUR INQUIRY, WE CANNOT GUARANTEE THIS RECORD RELATES TO THE PERSON IN WHOM YOU HAVE AN INTEREST. NAME: : RICE, JEFFERY F DATE OF BIRTH : PI ACE OF BIRTH: NEBRASKA PHYSICAL : W M 508 210 F:fl_N GRN SOCIAL. SEC. # : REASURER'S OFFICE, WELD COUN N2 3864 n� tv Greeley, Colorado. v� , n' .. 41 .... // RECEIVED OF ... /�:' c n .. (L .~iJL .LQQ� 4Y�-ii. $ (b/ FOR CREDIT (founty General Fund 101 0000 A(m f-AF,� �,(///0 �57 00 95 ////6(,{ \ Health Dopartmont 1190000 4/.4,r(!. U42).."--0.1 / duioi,J 4/7 Human Resources 121 0000 �� r Social Services 112 0000 Housing Authority Road & Bridge Fund 111 0000 Airport 177 0000 County Clerk Cash Escrow 810 0803 Fee Fund 900 0912 School District Gen Fund School District C R F School District Bond Fund FRANCIS M. LOUSTALET "/ /y I TOTAL AMOUNT a 13 73 County Treasurer Jerk Hello