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Home My WebLink About910320.tiff AR2248055 RESOLUTION RE: APPROVE PURCHASE OF REAL ESTATE FOR AMBULANCE SERVICE AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners is desirous of obtaining property to be used for an Ambulance Services Substation, and to U WHEREAS, the Director of Finance and Administration and Director of O Ambulance Services have evaluated various available properties, and \ � O U WHEREAS, the Director of Finance and Administration has presented a A Contract to Buy and Sell Real Estate executed by Elton D. and Kathern A. c 3 Millikin, as well as Weber Realty, Inc. , and has recommended the purchase of 3401 11th Avenue, Evans, Colorado 80620, being further described as: n w '}a Lots 13 and 14, Block 9, Platte Valley O Subdivision, 1st Filing, located in the U City of Evans, Colorado inu1 WHEREAS, after review, the Board deems it advisable to approve said `i a Contract, a copy being attached hereto and incorporated herein by reference. w � a m U NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld Z County, Colorado, that the above described Contract be, and hereby is, approved. N H \ W d, F BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, a authorized to sign all necessary documents pertaining to said purchase. w ul D u- W The above and foregoing Resolution was, on motion duly made and seconded, c w adopted by the following vote on the 15th day of April, A.D. , 1991. cZ U Aget/tel? BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY COL0a a Weld Count • Clerk to the Board • rn +a. Gor acy, C irman =n. CV a • N By: 4 A`-/` ,17444 pp W ,.,D@puty 'Clerk to the Beard I Geo a Kennedy, Pro-Tem7�� APPROVED A 0 FORM: \� Constance L. Harbert C� ;�� 17/ County Attorney C. W. Kirby 111.-1.1tZT W. H. We ster 910320 PRacog -AR2C48tx38 B 1297_REC 02248638 -04/30/91 15,_58 X5.00 1/001 F 1121 IARY ANN FEUERSTEIN CLERK RECORDER WELD CO, CO c�-`Warrartty`Deed THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the "property")from the individual(s), corporation(s), partnership(s), or other entity(ies) named below as GRANTOR to the individual(s) or entity(ies) 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 (1)the lien of the general property taxes for the year of this deed,which the GRANTEE will pay (2)any easements and rights-of- way shown of record (3)any patent reservations and exceptions (4)any outstanding mineral interests shown of record (5)any protec- tive covenants and restrictions shown of record (6)any additional matters shown below under"Additional Warranty Exceptions",and (7)subject to building and zoning regulations. The Specific Terms of This Deed Are: Grantor: (Give name(s)and place(s)of residence; if the spouse of the owner-grantor is joining in this Deed to release homestead rights, identify grantors as husband and wife.) ELTON D. MILLIKIN AND KATHERN A. MILLIKIN Grantee: (Give name(s)and address(es);statement of address, including available road or street number, is required.) COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO 915 10th Street Greeley CO 80631 Form of Co-Ownershlp: (If there are two or more grantees named,they will be considered to take as tenants in common unless the words"in joint tenancy"or words of the same meaning are added in the space below.) �•�. Property Description: (Include county and state.) State Documentary Fee -3a- q•N1 LOTS 13 AND 14, BLOCK 9, Date / PLATTE VALLEY SUBDIVISION FIRST FILING, $ ?; 4/./ AN ADDITION TO THE CITY OF EVANS, — WELD COUNTY, COLORADO. Property Address: 3401 11th AVENUE, EVANS, CO 80620 Consideration: (The statement of a dollar amount is optional,adequate consideration for this deed will be presumed unless this conveyance is iden- tified as a gift. In any case this conveyance is absolute,final and unconditional.) FORTY NINE THOUSAND EIGHTY ONE AND 00/100 Reservations-Restrictions: (If the GRANTOR intends to reserve any interest in the property or to convey less than he owns,or if the GRANTOR is restricting the GRANTEE'S right in the property, make appropriate indication.) Additional Warranty Exceptions: (Include deeds of trust being assumed and other matters not covered above.) SUBJECT TO BUILDING AND ZONING REGULATIONS. Executed by the Grantor on APRIL 26, 1991 Signature for Individual(s): Signature for Corporation, Partnership or Association: Name of Grantor:Corporation, Partnership or Association ELTON . ILLIKIN _ALearGrentor By KATHERN A. MILLIKIN Grantor By Grantor Attest: 1 ......... STATE OF COLORADO ) „, s'. :. COUNTY OF WELD ) ss. r t).: 1-1C7O r The foregoing instrument was acknowledged before me this 26th day of APRIL 10i o v , By. ELTON D. MILLIKIN AND KATHERN A. MILLIKIN � l'(�%C31� :cam` WITNESS my hand and official seal. Pa�• ' � My commission expires: - Notary Public � +a- I 1� STATE OF COUNTY OF ) ss. The foregoing instrument was acknowledged before me this day of By (*name individual Grantor(s)or if Grantor is Corporation,Partnership or Association,then identify signers as president or vice president and secretary or assistant secretary of corporation;or as partner(s)of partnership;or as authorized member(s)of association.) WITNESS my hand and official seal. My commission expires: Notary Public ©1981 UPDATE LEGAL FORMS WCTC No.201 911-0320 l 7 _ The primed al scat of this farm approved 3- -8 111e I - 'Colorado Real Itcnl Estate Cum udssbm(CBS J-5-tl9) THIS IS A LEGAL INSTRUMENT.IF NOT UNDERSTOOD,LEGAL,TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. VACANT LAND/FARM AND RANCH CON'1RAC1"1'O BUY AND SELL REAL ESIA'1'E Seller's remedy Liquidated Damages or Specific Performance(Section 16) April 11, , 19 91 1. PARTIES.AND PROPERTY. Board of County Commissioners, Weld County Colorado ,purchaser(s)[Purchaser),(aseo{rri 444,A/tenants in common) agrees to buy,and the undersigned seller(s)[Seller),agrees to sell,on the terms and conditions set forth in this contract,the following described real estate in the County of Weld ,Colorado,to wit: Lots 13 and 14, Block 9, Platte Valley Subdivision, 1st Filing, located in City of Evans, Colorado. O O o U 0 cv O known as No. 3401 11th Avenue, Evans, Colorado 80620 U A s ' together with all interest of Seller in vacated streets and alleys adjacent thereto,all easements and other appurtenances thereto,all improvements thereon and all attached fixtures thereon,except as herein excluded,and called the Properly. opa 2. INCLUSIONS. The purchase price includes the following items(a)if attached to the Property on the dale of this contract:lighting,healing, •O a plumbing,ventilating,and air conditioning fixtures,TV antennas,water softeners,smoke/fire/burglar alarms,security devices,inside telephone wiring qw and connecting blocks/jacks,plants,mirrors,floor coverings,intercom systems,built-in kitchen appliances,and sprinkler systems and controls;(b)if on athe Property whether attached or not on the date of this contract:built-in vacuum systems(including accessories),storm windows,storm doors,window c) and porch shades, awnings, blinds, screens, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves, 43 storage sheds,all keys and garage door openers including —0— remote controls;and(e) None P-) in •• b VACANT LAND ti ti x tx W • ei F] (d)Water Rights.Purchase price to include the following water rights: None rnU �r z N H E O UI a w • W (e)Crowing Crops.With respect to the growing crops Seller and Purchaser agree as follows: None OW co � z N 7-a N A, U � a The above-described included items(Inclusions)are to be conveyed to Purchaser by Seller by bill of sale, None 1/40 O m , deed or other applicable legal instrument(s)at the closing,free and clear of all taxes,liens and encumbrances,except as provided in section 10. " N The following attached fixtures are excluded from this sale: None O G4 3. PURCHASE PRICE AND TERMS. The purchase price shall be$ 49,081.00 ,payable in U.S.dollars by Purchaser as follows(complete the applicable terms below): (a)Earnest Money. $ 500.00 in the form of Check ,as earnest money deposit and part payment or the purchase price,payable to and held by WEBER REALTY. INC. 3835 W. 10th St. , Greeley, CO ,broker,in broker's trust account on behalf of both Seller and Purchaser.Broker is authorized to deliver the earnest money deposit to the closing agent,if any,at or before closing. (b)Cash at Closing. $ 48,581.00 to be paid by Purchaser at closing in cash;electronic transfer funds,certified check,savings and loan teller's check,or cashier's check.Subject to the provisions of section 4,if the existing loan balance at the time of closing shall be different from the loan balance in section 3, the adjustment shall be made in cash at closing or paid as follows: ` (c)New Loan. $ by Purchaser obtaining a new loan.This loan will be secured by a Hsi,2nd,etc.) deed of trust. The new o, Purchaser shall be amortized over a period of years at approximately$ per t ing principal and interest not to exceed %per annum,plus,if required by Purchaser's lender, a deposit of of the estimated annual real estate taxes,property insurance premium,and mortgage insurance premium. If the loan is an adjustable interest rate or graduate enl loan,the payments and interest rate initially shall not exceed the figures set forth above. Loan discount points,if any,shall be paid to lender at closet shall not exceed %of the total loan amount. The first(I,2,etc.) loan discount points shall be paid by and the balance,if any,shall be paid by Purchaser shall timely pay a loan origination fee not to exceed %of the loan arnou. • Purchaser's loan costs.Cost of any appraisal for loan purposes Io be obtained after this dale shall be paid by upon loan application as required by lender. No.CBS3-5-89. VACANT LAND/FARM AND RANCII CONTRACT TO BUY AND SELL REAL ESTATE . @, Bradford Publishing,1747 Wauc Si..Denver.CO fl0202—IJOJ)292.2500-6-fl9 910.320 cm• , -. -- -- _ �)Assumption. ---- --- �.. $ by Purchasers assuming and agreeing to pay an existing loan in this approximate amount,presently paya a at $ Per including principal,interest presently at %per annum, d including escrow for the following as indicated: ❑real estate taxes, axes, ❑properly insurance premium, ❑mortgage insuranc remium, to pay a loan t nsfer fee not to exceed S4 •Pu aser agrees .At the time of assumption,the new interest rate shall not exceed % per annum and th new payment shall not exceed$ Seller plus escrow,if any. ❑shal ❑shall not be released from liability on said loan.If applicable,compliance with the requirements forrele a from liability shall be evidenced by delive at closing of appropriate letter from lender.Cost payable for release of liability shall be paid by in an amount not to exceed$ (e)Seller or Private Th -Party Financing. $ y Purchaser executing a promissory note payable to: on the no form as indicated:(check one box) ❑Right-to-Cure NTD 82-11- Q.No Right-to-Cure NTD 81-I I-83 ❑ secured by a(1st,2nd,etc.) deed of trust encumbering the Property,using the forma indicated:(check one box) VI O U ❑❑Strict Due-on-Sale(TD 72-11-83) ❑Creditworthy(TD 73-11-83) ❑Assumable—Not due sale(TD 74-I1-83) O -..„. . The promissory note shall be amortized on th asis of years,payable at$ per eer U including principal and interest at the rate of %per annum.Payments shall mmence Q and shall be due on the• ay of each succeeding a If not sooner paid,the balance of principal and accrued in est shall be due and payable O RIalter closing.Payments O• $ g• Y ❑shall ❑shall not be increas by of timated annual real estate taxes,and O Zbe increased by of estimated annual property in ranee premium, ❑shall ❑shall not R W The loan shall also contain the following terms as indicated:If payment is t received within G2 charge of calendar days after its due date,a late 8 %of such payment shall be due.Interest on ten r disbar menu under the deed of shall be U per annum.Default interest rate shall be %%per ammo WPurchaser may prepay without a penalty except u;e+'r W 4. FINANCING CONDITIONS AND OBLIGATIONS. (n)L nAp Iwliun(s). If Purchaser is to pay all or part of the purchase price as set rA forth in section 3 by obtaining a new loan or if an existing loan is no o be release at closing,Purchaser,if required by such lender,shall make written s--I p4 application within calendar days from acceptance of is contract.Parch er shall cooperate with Seller and lender to obtain loan approval, r-ia diligently and timely pursue same in good faith)I execute all do meats and furnish all in rmation and documents required by the lender,and,subject to ON V section 3,timely pay the costs of obtaining sucM1loan or ten r consent. �Z (h)Loan Approval. If Purchaser is to pay all orpart the purchase price by obtaining a n loan as specified in section 3,this contract is conditional \ W upon lender's approval of the new loan on or before 19 .If not so approved by said date,this contract shall d, E terminate.lithe loan is so approved,but such proc ds are not available to Purchaser as required in s tion 5(Good Funds)at the time of closing,closing O CA shall be extended one time for RI tale ar days(not to exceed(5)five).If sufficient funds a of then available,this contract shall terminate. in (c)Existing-Loan Review. If an exist' g loan is not to be released at closing,Seller shall provide C W calendar in deed of trust, modifications)to Purchas within P Pies of the loan documents(including note, days from acceptance of this cont .This contract is conditional upon Pur- 0 chaser's review and approval of the prov' ions of such loan documents.Purchaser consents to the provisions ofsuelkloan documents if no written objection 03 N ,ZZ is received by Seller or Listing Con any front Purchaser within calendar days from Purchaser's receipt of such documents.If the lenders N 4 approval ofatransfer of the Prop yis required this contract is conditional upon Purchasers obtaining such appmval(s(ithout change in the terms of such aloan,except as set forth in sec. n 3. If lender's approval is not obtained on or before yy'' contract shall be terminate, nt such date.If:Mier is to be released front liability under such existing loan and Purchaser din:. not obtain such compliance W' $ as scl troth in section 3, is contract may be terminated at Seller's option. NID el (d)Assumption lance. If Purchaser is to pay all or part of the purchase price by assuming an existing loan and if the actir principal balance of O the existing loan n e date of closing is less than the amount in section 3 by more than$ ,then Purchase r-4 N contract effectiv upon receipt by Seller or Listing Company of Purchaser's written notice of termination. s may terminate this CO Cm (e)Cred' Information. If Purchaser is to pay all or part ofthe purchase price by executing a promissory note in favor ofSelleror if*existing ban is not to released at closing,this contract is conditional upon Seller's approval of Purchaser's financial ability and creditworthiness,whilsh approval shall b at Seller's sole and absolute discretion.In such case:(I)Purchaser shall supply to Seller on or before 19 ,at Purchaser's expense,information and documents concerning Purchaser's financial,employment and credit condition;(2)Purchaser c nsents that Seller may verify Purchaser's financial ability and creditworthiness;(3)any such information and documents received by Seller shall be field by Seller in confidence,and not released to others except to protect Seller's interest in this transaction;(4)if Seller does not provide written notice of\ Seller's disapproval to Purchaser on or before ,19 ,then Seller waives this condition.If Seller does provide written notice of disapproval to Purchaser on or before said dale,this contract shall terminate. 5. GOOD FUNDS. All payments required at closing shall be made in funds which comply with all applicable Colorado laws. 6:NOT ASSIGNABLE. This contract shall not be assignable by Purchaser without Sellers prior written consent.Except as so restricted•this contract shall inure to the benefit of and be binding upon the heirs,personal representatives,successors and assigns of the parties. 7. EVIDENCE OF TITLE. Seller shall furnish to Purchaser,at Seller's expense,either a current commitment for owner's title insurance policy in an amount equal to the purchase price or at Seller's choice,an abstract of title certified to a current date,on or before April 191 19 91 . If a title insurance commitment Is furnished,Purchaser may require of Seiler that copies of instruments(or abstracts of instruments) lislad in Iha schedule of exceptions(Exceptions)in the title insurance commitment also be furnished to Purchaser at Sellery expense.This requirement shelf pertain only to Instruments shown of record In the orrice of the clerk and recorder of the designated county or counties. The title insurance commitment,together with any copies or abstracts of instruments furnished pursuant to this section 7,constitute the title documents(Title Documents). Purchaser must request Seller to furnish copies or abstracts of instruments listed in the schedule of exceptions no later than....._5-calendar days after Purchaser's receipt of the title Insurance commitment.If Seller furnishes a title insurance commitment,Seller will have the title insurance policy delivered to Purchaser as soon as practicable after closing and pay the premium at closing. 8. TITLE. (a) Title Review. Purchaser shall have the right to inspect the Title Documents or abstract. Written notice by Purchaser of unmerchantability of title or of any other unsatisfactory title condition shown by the Title Documents or abstract shall be signed by or on behalf of Purchaser and given to Seller or Listing Company on or before •5 calendar days after Purchasers receipt of Title Documents or abstract•or within five(5)calendar days after receipt by Purchaser of any Title Document(s)or endorsement(s)adding new Exception(s)to the title commitment together with a copy of the Title Document adding new Exception(s)to title.If Seller or Listing Company does not receive Purchaser's notice by the date(s) specified above,Purchaser shall be deemed to have accepted the condition of title as disclosed by the Title Documents as satisfactory. ----------.-- _. (b)Matters Not Shown by the Public Records. Seller shall deliver to Purchaser,on or before the date set forth in section 7,true copies of all 'lease(s)and survey(s)in Seller's possession pertaining to the Property and shall disclose to Purchaser all easements,liens or other title matters not shown by the public records of which Seller has actual knowledge.Purchaser shall have the right to inspect the Property rodetermine if any third parly(s)has any right in the Property not drown by the public recol'da(such as no unrecorded easement,nnreconled lease,or boundary line discrepancy).Written notice of any nitwisfnclory esndlllon(s)discluxed by Senator revealed by such Inspection shall be signed by or un behalf ofPurchaseraml given to Selleror Listing Company on or before April 24 s ,Iq 91 ,H Seller or Listing Company does not receive Purchaser's notice by said dale,Purchaser shall be deemed to have accepted title subject to such rights,if any,of third parties of which Purchaser has actual knowledge. (c)Right to Cure. If Seller or Listing Company receives notice of unmerchantability of title or any other unsatisfactory title condition(s)as pnwided in subsection(a)or(b)above,Seller shall use remittable effort to correct said unsatisfactory title condition(s)prior to the dale of closing.If Seller fails to correct said unsatisfactory title conduion(s)on oSS before the date of closing,this contract shall then terminate,subject to section 17;provided,however, Purchaser may,by written notice received by Selkor Listing Company on or before closing,waive objection to said unsatisfactory title condaion(s). 9. DATE OF CLOSING. The date(deltas shall be April 19 91 ,or by mutual agreement at an earlier date. The hour and place of closing shall be as designated by WEBER _REALTY. INC. 10. TRANSFER OF TITLE. Subject to killer or payment on closing as required herein and compliance by Purchaser with the other terms and • provisions hereof,Seller shall execute and deliveaa,good and sufficient general warranty deed to Purchaser, on closing,conveying the Property free and clearo(ail taxes except the general taxes for the year of closing,and except None ;free and clear of all liens for special improvements installed as of the date sp O of Purchaser's signature hereon,whether assessed°,not;except distribution utility easements,including cable TV;except those matters reflected by the O Title Documents accepted by Purchaser in accordance with subsection B(a);except those rights,if any,of third parties in the Properly not shown by the O\ ` public records in accordance with subsection 8(b);and subject to building and zoning regulations. eF O II. PAYMENT OF ENCUMBRANCES. •Arty encumbrance required to be paid shall be paid at or beforethe time of settlement from the proceeds C3 of this transaction or from any other source. q 12. CLOSING COSTS,DOCUMENTS AND SERVICES. Purchaser and Seller shall pay their respective closing costs at closing,except as O W otherwise provided herein.Purchaser and Seller shall sign and complete all customary or required documents at or before closing.Fees for real estate O 3 closing and settlement services shall not exceed S' 75.00 and shall be paid at closing by t0 be paid by seller & c I+ } to be paid by purchaser • a.(al 13. PRORATIONS. General taxes for the year of closing,based on the most recent levy and the most recent assessment,rents,water and sewer 2 charges,owner's association dues,and interest on continuing loan(s),if any,and none O ra C) shall be prorated to date of closing. Any sales,use and transfer tax that may accrue because of this transaction shall be paid by N/A nA 14.POSSESSION. Possession of the Property shads be delivered to Purchaser as follows: date of closing ., s r-t ti y. asubject to the following lease(s)or tenancy(s): None of U V Z. N H a Ew-I • O a If Seller, after closing, fails to deliver possession on the date herein specified,Seller shall be subject to eviction and shall be additionally liable to aPurchaser for payment of S 50.00 per day from the date of agreed possession until possession is delivered. h fi7 15. CONDITION OF AND DAMAGE TO PROPERTY. The Property and Inclusions shall be conveyed in their present condition,ordinary 0 far wear and tear excepted. 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 percent of the total purchase price,Seller shag be obligated to repair the same before the date of closing.In the event such damage is not repaired N within said time or if the damages exceed such sum,this contract may be terminated at the option of Purchaser.Should Purchaser elect to carry out this N rte contract despite such damage, Purchaser shall be entitled to credit for all the insurance proceeds resulting from such damage to the Properly and O Inclusions,not exceeding,however,the total purchase price.Should any Inclusion(s)or service(s)fail or be damaged between the date of this contract fj ) and the date of closing or the date of possession,whichever shall be earlier,then Seller shall be liable for the repair or replacement of such Inclusion(s) or service(s) with a unit of similar size, age and quality, or an equivalent credit, less any insurance proceeds received by Purchaser covering such fL repair or replacement.The risk of loss for anydam:Iwo growing crops,byfire orother casualty,shall be borne by the party entitled to the growing crops, if any,as provided in section 2 and such party shall be entitled to such insurance proceeds or benefits for the growing crops,if any. s0 N os N 16. TIME OF ESSENCE/REMEDIES. Titne is of the essence hereof. If any note or check received as earnest money hereunder or any other N O payment clue hereunder is not paid,honored or!erased when due,or if any other obligation hereunder is not performed or waived as herein provided, '~ N there shall be the following remedies: to (a) IF PURCHASER IS IN DEFAULT: - J IF THE BOX IN SUBSECTION(I)IS CHECKED,SELLER'S REMEDIES SHALL BE AS SET FORTH IN SUBSECTION(I) [SPECIFIC PERFORMANCE). 10 SAID BOX IS NOT CHECKED, SELLER'S REMEDIES SHALL BE AS SET FORTH IN SUBSECTION(2)[LIQUIDATED DAMAGES). jn(1)Specific Performance. • Seller may elect to treat this contract as cancelled,in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller,and Seller may recover such damages as may be proper,or Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to specific performance or damages,or both. - (2)Liquidated Damages, • All payments and things of value received hereunder shall be forfeited by Purchaser and retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder.It is agreed that such payments and things of value are LIQUIDATED DAMAGES and(except as provided in subsection(c))are SELLER'S SOLE AND ONLY REMEDY for Purchaser's failure to perform the obligations of this contract.Seller expressly waives the remedies of specific petulance and additional damages. - (b) IF SELLER IS IN DEFAULT: • Purchaser mayelect to treat this contract's cancelled,in which case all payments and things of W0E-received hereunder shall be returned and Purchaser may recover such damages as hay be proper,or Purchaser may elect to treat this contract as being in full force and effect and Purchaser shall have the right to specific performance or damages,or both. (c)COSTS AND EXI'ENSES. Anything to the contrary herein notwithstanding,in the event of any litigation or arbitration arising out of this contract,the court shall award to the prevailing party all reasonable costs nd expense,including attorney fees. 17. EARNEST MONEY DISPUTE. Notwithstanding any termination of this contract. Purchaser and Seller agree that, in the event of any conotwersy regarding the earnest money and things of value held by broker or closing agent,unless mutual written instructions are received by the holder of the earnest money and things of value,broker or closing agent shall not be required to take any action but may await any proceeding,or st brokers or • closing agent's option and sole discretion,may Interplaad all parties and deposit any moneys or things of value irons°a court of competent jurisdiction and shall recover court costa and reasonable attorney feet. I r _ • • IS INSPEC'T'ION. Purchaser or any designee,shall have the right to have inspection(s)of 0m physical condition of the Property and Inclusions, \' , at Purchaser's expense. If written notice of any unsatisfactory condition, singd by Purchaser, is not received by Seller or Listing Company on or before April 18, 99 ,the physical 11 be deemed to be satisfactory to Purchaser. If written notice of any unsatisfactory condition,signed by Purchuxert IS given n of the P Seller rty and Inclusions ler or Listing as set forth above in this section, and if.Purchaser and Seller have not reached a written agreement in settlement thereof on or before IDSvs before closin , 19 91 pay for any damage which occurs to the Property and Inclusions eas a result of such inspectionls contrct shall then e subject to section 17.Purchaser is responsible and shall I9. AGENCYDISCLOSURE. nmlWingbroker, WEBER REALTY, INC., Glenn K. Billings, agent • and its sales agents(Listing Company)represent Seller The Listing Company owes duties of trust, loyally and confidence to Seller only. While the Listing Company has a duty to treat Purchaser honestly, the Listing Company is Seller's agent end is acting on behalf of Seller and of Purchaser. pto 0 BY SIGNING BELOW, PURCHASER ACKNOWLEDGES PRIOR TIMELY NOTICE BY LISTING OR SELLING COMPANY THAT LISTING U COMPANY 1S SELLER'S AGENT. �O The seningbroker, WEBER REALTY, INC. , Glenn K. Billings, agent U _ and its sales agents(Selling Company)represent: (IF THE BOX IN SUBSECTION(b)IS CHECKED,SELLING COMPANY Ca REPRESENTS PURCHASER ONLY, AS SET FORTH IN SUBSECTION(b). IF.THE BOX IN SUBSECTION (b) IS NOT a CHECKED,SELLING COMPANY REPRESENTS SELLER ONLY,AS SET FORTH IN SUBSECTION(a).] O 3 (a)Seller. The Selling Company owes duties of trust,loyalty and confidence to Seller only.While the Selling Company has a duly to treat Purchaser honestly, the Selling Company is Seller-'s agent and is acting on behalf of Seller and not Purchaser. BY SIGNING BELOW,PURCHASER ACKNOWLEDGES W LEDGES PRIOR TIMELY NOTICE BY SELLING COMPANY THAT SELLING COMPANY IS SELLER'S AGENT. h Cal ox is checked:The ing O Company Purchaser. s a duty to treat Seller honestly,he Selling lCompanys aanycing on behalf of Purchaswes duties of trust, er and o and f Sellerce r.SELLER AND LISTING COMPANY U ACKNOWLEDGE PRIOR TIMELY NOTICE BY SELLING COMPANY THAT IT IS PURCHASER'S AGENT. W to C.a 20.ADDITIONAL PROVISIONS: in A. Vacant land, with all existing street improvements and all utilities available. ri • aB. See attached plat map showing in color lots 13 and 14. ON U C. Purchasers and Sellers are aware that there are customary closing costs to be ax N W assessed at closing in addition to the purchase price and/or selling price. gel' E O2 43 • to 0 to W O W 0 aZ N 2 N y' O W >4 g t0 en • o+ n N O c.4 N W w "---— 21. RECOMMENDATION OF LEGAL COUNSEL. By signing his document,Purchaser and Seller acknowledge that he Selling Company I or the Listing Company has recommended that Purchaser and Seller obtain the advice of their own legal counsel regarding on o e and examination title this contract. 1 22. TERMINATION. In he event this contract is terminated, all payments and things of value received hereunder shall be returned and the I parties shall be relieved of all obligations hereunder,subject to section 17. 23.NOTICE OF ACCEPTANCE/COUNTERPARTS. If this proposal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before April 18, 19 91 this document shall become a contract between Seller and Purchaser. A copy of this document may be executed by each party,separately,and when each party has executed a copy thereof,such copies taken together shall be J deemed to be. ul to d c plete contract betty` ` COUNTY, ' �� • { OUNTY, COLORADO Purchase . . Y Board Dale Purchaxr Dale • Purchasers Address 5 10th Street, Greeley, Colorado 80631 ITO BE COMPLETED BY SELLER AND LISTING COMPANY] 24.ACCEPTANCE/COMMISSION. Seller accepts the above proposal this day of Seller shall pay to the Listing Company a commission of '19'—' %of the gross purchase price or . as agreed upon between Seller and Listing Company for services in this transaction.In he event of forfeiture of payments and things of value received hereunder,such payments and things of value shall be divided between Listing Company and Seller,one-half hereof to Listing Company,but of to exceed the commission,and the balance to Seller. on,and the balance to Seller. Seller n D. Mil ikin -��i,.�9, kclit i,... .o..m�QO� vi/5t. �° setter at ern A. Milli n 1f Sellers Address 1226 49th Avenue, Greeley, CO 80634 The undersigned Selling Company acknowledges receipt of he earnest money deposit specified in section 3 and both Selling Company and Listing Company confirm the respective agency disclosure set forth in section 19. Q. Selling Company WEBER REALTY, INC. By: Address 3835 W. 10th St. , Greele , CO 80634aaaaarct .cc- /Y,�r(t j�' /.5//O/ �. y Glenn K. Bi tinge die Listing Company WEBER REALTY, INC. By: /f e� i' Address 3835 W.10th St. , Greeley, CO 806345„aaturet � !c�GGu Glenn K. Billing y� Dp/ 91.®320 �, 1H1S 1: 44 VC �y�r, ., 070I 100C r •. , °Ow _ l _ — _ porn, v{p •,•J,n^•r4 1 ' r'. F . $—— ._d •-- - L••rI{•i�Yf1n�i�'-I ''1;. 1-[i�wwirq\i`i,. ' 6SD Lo 6 + lu 1S ` • �xa a a . .. -r c tiwl • a .. III. ' ro / o � , �' • *V. . 't.• . 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A i't rt • I , -o.. ,ao 'v I •lb 30- 1. orr , Q4..aI .. - 9: .�a. .•. .. cm • D .� � � 09348526 r� i9-7! svl,, ! kr3 Q° ,2 TICOR TITLE CLE° , INSURANCE To iIE. 1:1°.:-.3 Policy of The Insurance SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, TICOR TITLE INSURANCE COMPANY (a Stock Company);a Califomia corporation, basin called the Company, insures,as of Date of Policy shown in Schedule A,against loss or damage, not exceeding the aateunt of insurance stated in Schedule A, and costs, attomeys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Lack of a right of access to and from the land; or 4. Unmarketability of such title; This policy shall not be valid or binding until countersigned below by a validating signatory of the Company. TICOR TITLE INSURANCE COMPANY 1\e \pPlgitulltUgegyA PG °\,��R�Y.4e By President Attest Secretary Cioun f//SSfi�ned: '-f"rrge4u,aus� Varidating Signatory 1P/a4/q I 7018SCU090.5111 91 erican Lend Title Association Owner's Policy Form 84970(Amended l0-17-701 CAT.NO.NN01150 PR0co q v32-O Schedule of Exclusions from Coverage The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvment now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears In the public records at Date of Policy. 3. Defects,(lens,encumbrances,adverse claims,or other matters(a)created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed In wrking by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder;(c)resulting in no loss or damage to the insured claimant;(d)attaching or created subsequent to Date of Policy;or(e)resulting In loss or damage which would not have been sustained it the insured claimant had paid value for the estate or interest insured by this policy. Conditions and Stipulations 1. Definition of Terms litigation consisting of actions or proceedings com- The following terms when used in this policy mean: menced against such insured, or a defense interposed (a) "insured": the insured named in Schedule A, and, against an insured in an action to enforce a contract for a subject to any rights or defenses the Company may have sale of the estate or interest in said land,to the extent that had against the named insured,those who succeed to the such litigation is founded upon an alleged defect, lien, interest of such insured by operation of law as distin- encumbrance, or other matter insured against by this guished from purchase including,but not limited to,heirs, policy. distributees, devisees, survivors, personal representa- (b) The insured shall notify the Company promptly in tives, next of kin, or corporate or fiduciary successors. writing (i) in case any action or proceeding is begun or (b) "insured claimant": an insured claiming loss or defense is interposed as set forth in(a)above,(ii)in case damage hereunder. knowledge shall come to an insured hereunder of any (c) "knowledge actual knowledge, not constructive claim of title or interest which is adverse to the title to the knowledge or notice which may be imputed to an insured estate or interest,as insured,and which might cause loss by reason of any public records. or damage for which the Company may be liable by virtue (d) "land the land described, specifically or by refer- of this policy, or (iii) if title to the estate or interest, as ence in Schedule A and improvements affixed thereto insured, is rejected as unmarketable. If such prompt which by law constitute real property;provided, however, notice shall not be given to the Company,then as to such the term"land"does not include any property beyond the insured all liability of the Company shall cease and termi- lines of the area specifically described or referred to in nate in regard to the matter or matters for which such Schedule A, nor any right, title, interest, estate or ease- prompt notice is required;provided, however,that failure ment in abutting streets, roads, avenues, alleys, lanes, to notify shall in no case prejudice the rights of any such ways or waterways, but nothing herein shall modify or insured under this policy unless the Company shall be limit the extent to which a right of access to and from the prejudiced by such failure and then only to the extent of land is insured by this policy. such prejudice. (e) "mortgage": mortgage, deed of trust, trust deed, or (c) The Company shall have the right at its own cost to other security instrument. institute and without undue delay prosecute any action or (f) "public records": those records which by law impart proceeding or to do any other act which in its opinion may constructive notice of matters relating to said land. be necessary or desirable to establish the title to the 2. Continuation of Insurance After Conveyance of estate or interest as insured, and the Company may take Title any appropriate action under the terms of this policy, whether or not it shall be liable thereunder, and shall not The coverage of this policy shall continue in force as of Date of Policy in favor of an insured so long as such thereby concede liability or waive any provision of this insured retains an estate or interest in the land, or holds policy. an indebtedness secured by a purchase money (d) Whenever the Company shall have brought any ac- mortgage givens a purchaser from such insured,or so tion or interprosed a defense as required or permitted by long as such insured shall have liability by reason of the provisions this policy, the Company may pursue covenants of warranty made by such insured in any trans- any such litigattion to final determination by a court of fer or conveyance of such estate or interest; provided, competent jurisdiction and expressly rese• rves the right, in its sole discretion, to appeal from any adverse judg- however,this policy shall not continue in force in favor of any purchaser from such insured of either said estate or mentor order. (e) In all cases where this policy permits or requires the interest or the indebtedness secured by a purchase money mortgage given to such insured. Company to prosecute or provide for the defense of any action or proceeding,the insured hereunder shall secure 3. Defense and Prosecution of Actions— Notice of to the Company the right to so prosecute or provide Claim to be Given by an Insured Claimant defense in such action or proceeding, and all appeals (a) The Company, at its own cost and without undue therein, and permit the Company to use,at its option,the delay, shall provide for the defense of an insured in all name of such insured for such purpose. Whenever re- (Conditions and Stipulations Continued and Concluded on Last Page of this Policy) . OWNER POLICY N0. 09-348526 SCHEDULE A Amount of Insurance: Date of Policy: RE: Our Order No. : $49,081.00 MAY 1, 1991 TK21916 7:00 A. M. 1. Name of Insured: COUNTY OF WELD, A BODY CORPORATE AND POLITIC OF THE STATE OF COLORADO 2. The estate or interest in the land described herein and which is covered by this policy is: FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in the insured. 4. The land described herein is encumbered by the mortgages or trust deeds, if any, shown in Schedule B hereof. 5. The land referred to in this policy is described as follows: LOTS 13 AND 14, BLOCK 9, PLATTE VALLEY SUBDIVISION FIRST FILING, AN ADDITION TO THE CITY OF EVANS, WELD COUNTY, COLORADO. This Policy valid only if Schedule B is attached. agent ID #3043 - 1 - 916323 - � OWNER POLICY NO. 09-348526 SCHEDULE B This policy does not insure against loss or damage by reason of the following exceptions: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Taxes and assessments which are a lien or due and payable; and any tax, special assessments, charges or lien imposed for water or sewer service, or for any other special taxing district, any unredeemed tax sales. 6. Taxes and assessments now a lien or payable, including any unredeemed tax sales. 7. Easement for ingress and egress as defined herein across the Westerly 20 feet of said lots as described in instrument recorded MAY 3, 1983 in BOOK 995 as RECEPTION N0. 1925583. See copy attached hereto. 8. Easement for UTILITY purposes as shown on plat of subdivision, said easement being over the WESTERLY 15 feet of subject property. (LOTS 13 AND 14) 9. Easement for UTILITY purposes as shown on plat of subdivision, said easement being over the NORTHERLY 10 feet of subject property. (LOT 13) 10. Reservation of an undivided one-half interest in and to all oil, gas and other minerals in, upon or underlying said premises together with the right of ingress, regress and egress for the purpose of drilling or prospecting for the same as contained in instrument from VERNON A. HARSH AND VICTORIA DOROTHY HARSH, recorded DECEMBER 22, 1955 in BOOK 1438 at PAGE 98 and any interests therein, assignments or conveyances thereof. 11. Reservation of an undivided one-fourth interest in and to all oil, gas, minerals and mineral rights as contained in instrument from JOE BOWEN AND MEREDITH JEAN BOWEN recorded JULY 26, 1977 in BOOK 804 as RECEPTION NO. 1725557, and any interests therein, assignments, or conveyances thereof. 12. Reservation of an undivided one-fourth interest in and to all oil, gas, minerals and mineral rights as contained in instrument from THE FIRST NATIONAL BANK OF GREELEY AS EXECUTOR OF THE ESTATE OF A.J. GOLD, ALSO KNOWN AS ABE J. GOLD, DECEASED recorded JULY 26, 1977 in BOOK 804 as RECEPTION NO. 1725559, and any interests therein, assignments, or conveyances thereof. ��/ Countersigned by i�/f!/lzro ;L A aSse.'..L.� as Authorized Signatory - 2 - 910:320 (Conditions and Stipulations Contlnurand Concluded from Reverse Side of Pol'-v Face) • quested by the Company, such insured shall give the mortgage shown or referred to in Schedule B hereof Company all reasonable aid in any such action or pro- which Is a lien on the estate or interest covered by this ceeding, in effecting settlement; securing evidence, ob- policy, or (b) a mortgage hereafter executed by, an in- taining witnesses, or prosecuting or defending such ac- sured which is a charge or lien on the estate or interest tion or proceeding, and the Company shall reimburse described or referred to in Schedule A and the amount such insured for any expense so incurred. so paid shall be deemed a payment under this policy. 4. Notice of Loss— Limitation of Action The Company shall have the option to apply to the pay- In addition:to the notices required under paragraph 3 (b) ment of any such mortgages any amount that othervise of these Conditions and Stipulations,a statement in writ- would be payable hereunder to the insured owner of the ing of any loss or damage for which it is claimed the estate or interest covered by this policy and the amount Company is liable under this policy shall be furnished to so paid shall be deemed a payment under this policy to the Company within 90 days after such loss or damage said insured owner. shall have been determined and no right of action shall 10. Apportionment accrue to an insured claimant until 30 days after such If the land described in Schedule A consists of two or statement shall have been furnished. Failure to furnish more parcels which are not used as a single site, and a such statement of loss or damage shall terminate any loss is established affecting one or more of said parcels liability of the Company under this policy as to such loss but not all,the loss shall be computed and settled on a pro or damage. rata basis as if the amount of insurance under this policy 5. Options to Pay or Otherwise Settle Claims was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any im- The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim provements made subsequent to Date of Policy,unless a insured against or to terminate all liability and obligations liability or value has otherwise been agreed upon as to of the Company hereunder by paying or tendering pay- each such parcel by the Company and the insured at the ment of the amount of insurance under this policy time of the issuance of this policy and shown by an together with any costs, attomeys' fees and expenses express statement herein or by an endorsement attached incurred up to the time of such payment or tender of hereto. payment, by the insured claimant and authorized by the 11. Subrogation upon Payment or Settlement Company. Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Com- 8. Determination and Payment of Loss pany unaffected by any act of the insured claimant. The a) The liability of the Company under this policy shall in no case exceed the least of: Company shall be subrogated to and be entitled to all i the actual loss of the insured claimant; or rights and remedies which such insured claimant would (.) have had against any person or property in respect to (ii) the amount of insurance stated in Schedule A. such claim had this policy not been issued, and if re- (b) The Company will pay,in addition to any loss insured quested by the Company, such insured claimant shall against by this policy, all costs imposed upon an insured transfer to the Company all rights and remedies against in litigation carried on by the Company for such insured, any person or property necessary in order to perfect such and all costs, attorneys' fees and expenses in litigation right of subrogation and shall permit the Company to use caned on by such insured with the written authorization the name of such insured claimant in any transaction or of the Company. litigation involving such rights or remedies.If the payment (c) When liability has been definitely fixed in accordance does not cover the loss Of such insured claimant, the with the conditions of this policy,the loss or damage shall Company shall be subrogatod to such;rights and rem- be payable within 30 days thereafter. edies in the proportion which said payment bears to the 7. Limitation of Liability amount of said loss. If loss should result from any act of No claim shall arise or be maintainable under this policy such insured claimant, such act shall not void this policy, (a) if the Company, after having received notice of an but the Company, in that event; shall tae required to pay alleged defect, lien or encumbrance insured against only that part of any losses insured against hereunder hereunder, by litigation or otherwise, removes such de- which shall exceed the amount, if any, lost to the Com- fect, lien or encumbrance or establishes the title, as in- pany by reason of the impairment of the right of subroga- sured, within a reasonable time after receipt of such tion. notice; 12. Liability Limited to this Policy (b) in the event of litigation until there has been a final This instrument together with all endorsements and other determination by a court of competent jurisdiction, and instruments, if any, attached hereto by the Company is disposition of all appeals therefrom, adverse to the title, the entire policy and contract between the insured and as insured, as provided in paragraph 3 hereof; or the Company. Any claim of loss or damage, whether or (c) for liability voluntarily assumed by an insured in set- not based on negligence, and which arises out of the fling any claim or suit without prior wntten consent of the status of the title to the estate or interest covered hereby Company. or any action asserting such claim, shall be restricted to 8. Reduction of Liability the provisions and conditions and stipulations of this pol- All payments under this policy, except payments made icy. No amendment of or endorsement to this policy can for costs, attomeys'fees and expenses,shall reduce the be made except by writing endorsed hereon or attached amount of the insurance pro tanto. No payment shall be hereto signed by either the President, a Vice President, made without producing this policy for endorsement of the Secretary, an Assistant Secretary, or validating offi- such payment unless the policy be lost or destroyed, in cer or authorized signatory of the Company. which case proof of such loss or destruction shall be 13. Notices, Where Sent furnished to the satisfaction of the Company. All notices required to be given the Company and any 9. Liability Noncumulative statement in writing required to be furnished the Com- It is expressly understood that the amount of insurance pany shall include the number of this policy and shall be under this policy shall be reduced by any amount the addressed to its Principal Office, Claims Department, Company may pay under any policy insuring either(a) a 6300 Wilshire Boulevard, P.O. Box 92792, Los Angeles, California 90009. 0 "I ' 4 . i 4 } , f s • ii*:II s14 , :} C ' x4 y 'xi Y ' i .s4.,, r „ � ' �y x 114. - } 4 ,777722:1'771777714,77,2t,44,;: *44 14'5 • , 4 .t4. 4; t , 'f' R }!r x'w 4.kf, t'1 I , .. t ! Y I 1i ;27\ s 4 4 ! �� t „ "f 774 ,4, Y}4 . 4 `t . 1; ,I4 i � 4 6„ 144, i , fa\, a �, f ..4 4= ; w! 1 5 ` 1 4 i t ;‘•:*,*4 ik y 'I i:.-si';..!;,,; ;i irsy ; t+ ' is , y � ' 1LSv? s x y ` '.i 1 4 44 r , ,L�i+�5�yt4� 4,;;;; :; 4 i f k i +'t 4 t b=4'3 4 4 3 k'�nll t :r"*I,': 14 3 , i , x , 1 � i { t { I , „ 4T.. t . . { . .. f 4 , ( '-d i I wi '. w t• ! 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