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HomeMy WebLinkAbout981580.tiff Prepared by Jay Powers, Broker Ass ate page 2 1 (d) Assumption. by Buy 's assuming and agreeing to pay an existing loan in this approximate amount,presently payable atvvv��� per m th principal, interest presently at %per annum,and including escrO for the following as indicated: O real estate xes, O property insurance premium, O mortgage,insurance premium , and **NONE OTHER ** , Buyer agrees to pay a loan transfer fee not to teed .At the time of assumption,the new interest rate shall not exceed %per annum and the ne monthly payment shall not exceed principal and interest,plus escrow,if any. Seller ❑ shall O shall not O not applicable be released from liability on said loan. If applicable, compliance with the requirements for releasegrom liability shall be evidenced by delivery a losing of an appropriate letter from lender. Cost payable for release of liability shall be paid y **NOT APPLICABLE*. in an amount not to exceed N/A (e) Seller or Private Third -Party Financing. by Buyer executing a promissory note payable to: on the note form as indicated: (Check one box only) ❑ (UCCC - No Default Rate) NTD82-3-95 ❑ NTD81-1 -83 o Other... secured by a(1st,2nd,etc) deed of tr t encumbering the Property, using a form as indicated: (Check one box only.) ❑ Strict Due-on-sale (TD72-7-96) Other... ❑ Creditworthy (TD73-7-96) ❑Assumable-Not due on sale (TD74- -96) The promissory note shall be amortize n the basis of N/A years, payable at per month including principal and interest at the rr a of %per annum. \ Payments shall commence and shall be due on the day of each succeeding month • If not ss'bgnner paid,the balance of principal and accrued inrest shall be due and payable \ after closing. Payments O SHALL ❑ SHALL NOT be increased by 1/12 of estimated annual real estate taxes, and ❑ SH L o SHALL NOT be increased by 1/12 of estimated annual property insurance premiurh The loans a l/also contain thefollowing terms asindicated: If any payment is notreceived within _ calendar days after it ue date,a late charge f %of such monthly payment shall be due. Interest on lender disbursements under the deed o' trust s I be %per annum. Default interest rate shall be %per annum. By er may prepay without a penalty except . . 4. FINANCING CONDITIONS AND OBLIGATIONS. (a) Loan Application(s). If Buyer is to pay all or part of the purchase price as set forth in Section 3 by obtaining a new loan or if an existing loan is not to be released at closing, Buyer, if required by such lender,shall make written application within 5 calendar days from acceptance of this contract. Buyer shall cooperate with Seller and lender to obtain loan approval,diligently and timely pursue same in good faith,execute all documents and furnish all information and documents required by the lender, and,subject to Section 3,timely pay the costs of obtaining such loan or lender consent. (b) Loan Approval. If Buyer is to pay all or part of the purchase price by obtaining a new loan as specified in Section 3,this contract is conditional upon lender's approval of the new loan on or before Friday, January 23, 1998 . If not so approved by said date,this contract shall terminate. (c)=Existing Loan Review. If an existing loan is not to be released at closing, Seller shall provide copies of the loan documents (including not deed of trust, modifications)to Buyer within 5 _ calendar days from acceptance of this contract.This confractls conditional upon is review and approval of the provisions of such loan documents. Buyer consents to the provisions 9f loan documents if no written 'ection is received by Seller from Buyer within 5 calendar days from Buyer's receipt- of such documents. If the le is approval of a transfer of the Property is required,this contract is conditional upon"Buyers obtaining such approval without change in the to of such loan,except as set forth in Section 3. If lender's approval isyt-obtained on or before ,this contract shall be terminated on such date�Seller is to be released from liability under such existing loan and Buyer does not obtain h compliance as set forth in Section 3,this con feet may be terminated at Seller's option. (d) Assumption Balance. If Buyer is to pa I or part of the purchese'price by assuming an existing loan and if the actual principal balance of the existing loan at the date of closing is les an the antjntin Section 3 and the amount of cash required from Buyer at closing is increased by more than ,then r-may terminate this contract effective upon receipt by Seller of Buyer's written notice of termination. (e) CREDIT INFORMATION. If Buyer's-to pay all or part of the purc ca price by executing a promissory note in favor of Seller or if an existing loan is not to be released aylosing,this contract is conditional upon SEI is approval of Buyer's financial ability and creditworthiness,which approval shall be at S, lets sole and absolute discretion. In such case:( uyer shall supply to Seller on or before ,at Buyer's expense, information and documents cerning Buyer's financial, employment and credit condition;;) uyer consents that Seller may verify Buyer's financial ability and credit hiness; (3)any such information and documents received by Seller shall be held by Seller in confidence and not released to others exce o protect Seller's interest in this transacti9p 4)if Seller does not provide written notice of Seller's disapproval to Buyer on or before ,then Seller waives this condition. If Seller does provide written notice o ' approval to Buyer on or b fore said date, this contract shall terminate. The printed portions of this form,except the(italicized/DIFFERENTIATED)insertions,have been approved by the Colorado Real Estate Commission(CBS 3-7-96) Buyer's initials:_ _ Seller's initials: 0351 9800813080046 Re/Max Classic 14:05:55 01/08/98 $$$-PRO"' V4.0 01993-1996 pas,lnc.1-900-795-]759 981580 Prepared by Jay Powers, Broker As late page 3 5.APPRAISAL PROVISION. (Check only one box) This Section 5 SHALL X SHALL NOT apply. If this Section 5 applies,as indicated above,Buyer shall have the sole option and election to terminate this contract if the purchase price exceeds the Property's valuation determined by an appraiser engaged by NOT APPLICABLE . The contract shall terminate by the Buyer causing the Seller to receive written notice of termination and a copy of such appraisal or written notice from lender which confirms the Property's valuation is less than the purchase price,on or before NOT APPLICABLE _ (Appraisal Deadline). If Seller does not receive such written notice of termination on or before the appraisal deadline,Buyer waives any right to terminate under this section. 6. COST OF APPRAISAL. Cost of any appraisal to be obtained after the date of this contract shall be timely paid by • 7. NOT ASSIGNABLE. This contract shall not be assignable by Buyer without Seller's prior written consent. Except as so restricted, this contract shall inure to the benefit of and be binding upon the heirs,personal representatives,successors and assigns of the parties. 8. EVIDENCE OF TITLE. Seller shall furnish to Buyer, 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 1/18/98 (Title Deadline). If a title insurance commitment is furnished, Buyer may require of Seller that copies of instruments(or abstracts of instruments)listed in the schedule of exceptions(Exceptions)in the title insurance commitment also be furnished to Buyer at Seller's expense. This requirement shall pertain only to instruments shown of record in the office 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 8,constitute the title documents(Title Documents). Buyer, or Buyer's designee, must request Seller,in writing,to furnish copies or abstracts of instruments listed in the schedule of exceptions no later than 5 calendar days after Title Deadline. If Seller furnishes a title insurance commitment, Seller will pay the premium at closing and have the title insurance policy delivered to Buyer as soon as practicable after closing. 9. TITLE. (a) TITLE REVIEW. Buyer shall have the right to inspect the Title Documents or abstract.Written notice by Buyer 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 Buyer and given to Seller on or before 5 calendar days after Title Deadline,or within five(5)calendar days after receipt by Buyer of any Title Document(s)or endorsement(s)adding new Exception(s)to the title commitment together with a copy of the Title Document adding new Exception(s)to title. If Seller does not receive Buyer's notice by the date(s)specified above, Buyer accepts the condition of title as disclosed by the Title Documents as satisfactory. (b) MATTERS NOT SHOWN BY THE PUBLIC RECORDS. Seller shall deliver to Buyer,on or before the Title Deadline set forth in Section 8,true copies of all lease(s)and survey(s)in Seller's possession pertaining to the Property and shall disclose to Buyer all easements, liens or other title matters not shown by the public records of which Seller has actual knowledge. Buyer shall have the right to inspect the Property to determine if any third party(s)has any right in the Property not shown by the public records(such as an unrecorded easement, unrecorded lease, or boundary line discrepancy).Written notice of any unsatisfactory condition(s)disclosed by Seller or revealed by such inspection shall be signed by or on behalf of Buyer and given to Seller on or before 7/23/98If , Seller does not receive Buyer's notice by said date, Buyer accepts title subject to such rights,if any, of third parties of which Buyer has actual knowledge. (c) SPECIAL TAXING DISTRICTS. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYER SHOULD INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION INDEBTEDNESS OF SUCH DISTRICTS, EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH INDEBTEDNESS, AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES. In the event the Property is located within a special taxing district and Buyer desires to terminate this contract as a result, if written notice is given to Seller on or before the date set forth in subsection 9(b),this contract shall then terminate. If Seller does not receive Buyer's notice by the date specified above, Buyer accepts the effect of the Property's inclusion in such special taxing district(s) and waives the right to so terminate. (d) RIGHT TO CURE. If Seller receives notice of unmerchantability of title or any other unsatisfactory title condition(s)as provided in subsection(a)or(b)above, Seller shall use reasonable effort to correct said unsatisfactory title condition(s)prior to the date of closing. If Seller fails to correct said unsatisfactory title condition(s)on or before the date of closing,this contract shall then terminate; provided, however, Buyer may,by written notice received by Seller,on or before closing,waive objection to said unsatisfactory title condition(s). 10. INSPECTION. Seller agrees to provide Buyer on or before 1/14/98 with a Seller's Property Disclosure form completed by Seller to the best of Seller's current actual knowledge. Buyer or any designee, shall have the right to have inspection(s)of the physical condition of the Property and Inclusions, at Buyer's expense. If written notice of any unsatisfactory condition,signed by or on behalf of Buyer,is not received by Seller on or before 1/16/98 (Objection Deadline),the physical condition of the Property and Inclusions shall be deemed to be satisfactory to Buyer. If such notice is received by Seller as set forth above, and if Buyer and Seller have not agreed, in writing,to a settlement thereof on or before 1/19/98 (Resolution Deadline), this contract shall terminate three calendar days following the Resolution Deadline; unless,within the three calendar days,Seller receives written notice from Buyer waiving objection to any unsatisfactory condition. Buyer is responsible for and shall pay for any damage which occurs to the Property and Inclusions as a result of such inspection. 11. DATE OF CLOSING. The date of closing shall be Friday,January 30, 1998 ,or by mutual agreement at an earlier date.The hour and place of closing shall be as designated by LISTING AGENT 12.TRANSFER OF TITLE. Subject to tender or payment at closing as required herein and compliance by Buyer with the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient GENERAL WARRANTY _ _ deed to Buyer, on closing,conveying the Property free and clear of all taxes except the general taxes for the year of closing,and except **NONE OTHER ** Title shall be conveyed free and clear of all liens for special improvements installed as of the date of Buyer's signature hereon,whether assessed or not;except(i)distribution utility easements(including cable TV), (ii)those matters reflected by the Title Documents accepted by Buyer in accordance with subsection 9(a), (iii)those rights, if any,of third parties in the Property not shown by the public records in accordance with subsection 9(b),(iv)inclusion of the Property within any special taxing district,and(v)subject to building and zoning regulations. The printed portions of this form,except the(italicized/DIFFERENTIATED)insertions,have been approved by the Colorado Real Estate Commission(CBS 3-7-96) Buyer's initials:_ _ Seller's initials:_ 0351 9800813080046 Re/Max Classic 14:05:55 01/08/98 $13-Pn0^' V4.p ®1993-1996 0es,lnc.1-eon-]95-]]59 9F1.S80 Prepared by Jay Powers, Broker Asr 'ate page 4 13. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before closing from the proceeds of this transaction or from any other source. 14.CLOSING COSTS, DOCUMENTS AND SERVICES. Buyer and Seller shall pay,in Good Funds,their respective closing costs and all other items required to be paid at closing,except as otherwise provided herein. Buyer and Seller shall sign and complete all customary or required documents at or before closing. Fees for real estate closing services shall not exceed $150.00 and shall be paid at closing by BUYER AND SELLER, ONE HALF EACH. --"- ._The local transfer tax of Any %of the purchase price shall be paid at closing by SELLER Any sales and use tax that may accrue because of this transaction shall be paid when due by Seller 15. PRORATIONS. General taxes for the year of closing,based on the taxes for the calendar year immediately preceding closing, rents,water and sewer charges,owner's association dues, and interest on continuing loan(s), if any,and --NONE OTHER-- shall be prorated to date of closing. 16. POSSESSION. Possession of the Property shall be delivered to Buyer as follows: Upon Delivery of Deed subject to the following lease(s)or tenancy(s): --NONE-- 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 Buyer for payment of $100.00 per day from the date of agreed possession until possession is delivered. 17.CONDITION OF AND DAMAGE TO PROPERTY. Except as otherwise provided in this contract,the Property and Inclusions shall be delivered in the condition existing as of the date of this contract,ordinary 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 shall be obligated to repair the same before the date of closing. In the event such damage is not repaired within said time or if the damages exceed such sum,this contract may be terminated at the option of Buyer.Should Buyer elect to carry out this contract despite such damage, Buyer shall be entitled to credit for all the insurance proceeds resulting from such damage to the Property and 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 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 Buyer covering • such repair or replacement. The risk of loss for any damage to growing crops, by fire or other 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. 18. TIME OF ESSENCE/REMEDIES. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due hereunder is not paid, honored or tendered when due,or if any other obligation hereunder is not performed or waived as herein provided,there shall be the following remedies: (a) IF BUYER IS IN DEFAULT. [Check one box only] (1) SPECIFIC PERFORMANCE. --I 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. XXJ (2) LIQUIDATED DAMAGES. All payments and things of value received hereunder shall be forfeited by Buyer and retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES and (except as provided in subsection(c))are SELLER'S SOLE AND ONLY REMEDY for Buyer's failure to perform the obligations of this contract. Seller expressly waives the remedies of specific performance and additional damages. (b) IF SELLER IS IN DEFAULT. Buyer may elect to treat this contract as cancelled,in which case all payments and things of value received hereunder shall be returned and Buyer may recover such damages as may be proper,or Buyer may elect to treat this contract as being in full force and effect and Buyer shall have the right to specific performance or damages,or both. (c) COSTS AND EXPENSES. Anything to the contrary herein notwithstanding. in the event of any arbitration or litigation arising out of this contract.the arbitrator or court shall award to the prevailing party all reasonable costs and expenses, including attorney fees. 19. EARNEST MONEY DISPUTE. Notwithstanding any termination of this contract. Buyer and Seller agree that, in the event of any controversy regarding the earnest money and things of value held by broker or closing 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 at broker's or closing agent's option and sole discretion,may interplead all parties and deposit any moneys or things of value into a court of competent jurisdiction and shall recover court costs and reasonable attorney fees. 20.ALTERNATIVE DISPUTE RESOLUTION: MEDIATION. If a dispute arises relating to this contract, and is not resolved, the parties and broker(s)involved in such dispute(Disputants)shall first proceed in good faith to submit the matter to mediation. The Disputants will jointly appoint an acceptable mediator and will share equally in the cost of such mediation. In the event the entire dispute is not resolved within thirty(30)calendar days from the date written notice requesting mediation is sent by one Disputant to the other(s), the mediation, unless otherwise agreed,shall terminate. This section shall not alter any date in this contract, unless otherwise agreed. 21. ADDITIONAL PROVISIONS: (The language of these additional provisions has not been approved by the Colorado Real Estate Commission). This Contrcat Is Expressly Contingent Upon The County Approving A Special Use. The printed portions of this form,except the(italicized/DIFFERENTIATED)insertions,have been approved by the Colorado Real Estate Commission(c0S 3-7-96) Buyer's initials: _ Seller's initials:_ _ 0351 9800813080046 Re/Max Classic 14:05:55 01/08/98 55$-PRO" V4.o ®1993-1996 Oes,lnc.1-800495-7759 9!"1 580 Prepared by Jay Powers, Broker Ass ate page 5 22. RECOMMENDATION OF LEGAL COUNSEL. By signing this document, Buyer and Seller acknowledge that the Selling Company or the Listing Company has advised that this document has important legal consequences and has recommended the examination of title and consultation with legal and tax or other counsel before signing this contract. 23. TERMINATION. In the event this contract is terminated, all payments and things of value received hereunder shall be returned and the parties shall be relieved of all obligations hereunder,subject to Section 19. 24.SELLING COMPANY BROKER RELATIONSHIP. The selling broker, Re/Max Classic • and it's salespersons have been engaged as - ---_ Selling Company has previously disclosed in writing to the Buyer that different relationships are available which include buyer agency,seller agency, subagency,or transaction-broker. 25. NOTICE TO BUYER. Any notice to Buyer shall be effective when received by Buyer,or, if this box is checked when received by Selling Company. 26. NOTICE TO SELLER. Any notice to Seller shall be effective when received by Seller or Listing Company. 27. MODIFICATION OF THIS CONTRACT. No subsequent modification of any of the terms of this contract shall be valid,binding upon the parties,or enforceable unless made in writing and signed by the parties. 28. ENTIRE AGREEMENT. This contract constitutes the entire contract between the parties relating to the subject hereof,and any prior agreements pertaining thereto,whether oral or written, have been merged and integrated into this contract. 29. NOTICE OF ACCEPTANCE: COUNTERPARTS. This proposal shall expire unless accepted in writing, by Buyer and Seller,as evidenced by their signatures below,and the offering party receives notice of such acceptance on or before (Acceptance Deadline). If accepted,this document shall become a contract between Seller and Buyer. A copy of this document may be executed by each party,separately, and when each party has executed a copy thereof,such copies taken together shall be deemed to be a full and complete contract between the parties. BUYER(S): Date of signature , 19 Buyer: Darren Weidenhamer Date of signature . 19 Buyer: Buyer's Address: Ph: SELLER(S): Date of signature , 19 Seller: Date of signature , 19 Seller: Seller's Address: Ph: The undersigned Broker(s)acknowledges receipt of the earnest money deposit specified in Section 3,and Selling Company confirms its Broker Relationship as set forth in Section 24. Selling Company Listing Company Re/Max Classic 7400 E. Orchard Road, Suite 2900 Green o d VIII,ge;Colorado 80111-9812 (3 3) 41.4900 (30) 741-0859 (Fax) — - - C/ By: (Signature) - " c7 �l�_tGc� gy --__ ---_ JaSI Powers, Broker Associate (Signature) Note: Closing Instructions should be signed at the time this contract is signed. The printed portions of this form,except the(italicized/DIFFERENTIATED)insertions,have been approved by the Colorado Real Estate Commission(CBS 3-7-96) 0351 9800813080046 Re/Max Classic 14:05:55 01/08/98 US-PRO"' V4.0 ®1993-1996 Oes,lnc.1-600-795-7759 cool 580 RE/MAX CLASSIC ADDENDUM "A" TO PURCHASE CONTRACT This Addendum shall be part of the contract dated 1/8/98 for the purchase of the property at SEE ATTACHED EXHIBIT A I, II II n legally described as TODD BEAN between as Sellers, DARREN WEIDENHAMER and as Buyers, • • Unless otherwise specifically set forth in the contract, buyers affirms that they are acquiring the property based on their own observations, investigations and inspections and that they are not relying upon the Seller, RE/MAX Classic, or its agents for any information regarding, but not limited to, the following: the conditions such as methane or radon gas, radioactive or toxic materials, asbestos, urea-formaldehyde infestation by pests; zoning or covenant violations or restrictions; flood plain designations; income potential; appreciation in value or marketability; the status of any taxing districts; services, fixtures, appliances and other appurtenances being conveyed with the property. • 2. The Seller shall maintain the subject property in substantially the same condition it was in as of the date of the contract until the date specified for possession, and will grant the buyer the right to view the property by appointment prior to closing. All debris, trash and unattached items shall be removed from the house, garage and yard prior to the date for possession. • 3. RE/MAX Classic and its-agents do not warrant the accuracy of the information provided on size of lot, square footage of the improvements, or zoning. Buyer should verify this information to their own satisfaction by the inspection date shown in paragraph 10 of the contract. RE/MAX Classic and its agents recommend that the Buyer obtain an improvement location certificate or survey. 4. Buyer and Seller acknowledge that they are aware that Homeowner Warranty Insurance programs are available for said property and may be purchased by either party. 5. Broker shall have no responsibility for payment or collection of notes or checks provided in connection with this real estate transaction. 6. If performance is delayed by the lender, the dates set forth in paragraph 4B and I I shall be once extended _ 0 business days, unless the lender states in writing that their performance was delayed by actions or non-action of the buyer. 7. Except6or fees specifically identified elsewhere in the contract the Seller will pay no more than $ in other costs associated with the Buyer obtaining Buyer's loan. • 8. For the purposes of this contract, all parties agree that FAX signatures will be deemed original signatures, except that original signatures will be required to affect a closing. 9. Buyer and Seller acknowledge that any recommendations concerning referrals to service and vendors including, without limitations, lending institutions, loan brokers, title insurers, escrow companies, inspectors, pest control operators, contractors, repair men and the like, are based on the following disclosures: a) many companies operate in the particular field; b) costs and quality of product or service may vary; c) any referral or recommendation is based on Broker's past experience, and future performance cannot be guaranteed; d) Buyer and Seller are free to select services or vendors other than those referred or recommended by Broker, and e) Buyer and Seller agree to indemnify and hold harmless Broker from claims, disputes or actions relating to the choice of companies or vendors providing products or services as described as above. 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I ' I I i I I 11 I 0.1/12/96 13.44 FAX 130Job9:501d K LAMAS tKI �3L tA IT 132136583016 JRN 12 '98 01 41PM 166E BRIDGE ST BRIGHTON, CO 80601 Phono: (303) 659-1216, Fax: (303) 659-3016 MIS FORM ATS IMPORTANT LEGAL COMBEQUINCZS AND THE PARTIES SDOIIID CONSULT LEGAL AND TAX OR OTI®t COUNSEL MORE SIGNING COUNTERPROPOSAL January 12 .19 it— RE:Proposed contract to buy and Fell the following described zeal eattdo m the Cowry of YIELD Cobrado,to tins SEE ADDENDUM 'A" known as No. VACANT LAND j(ETNF,9B1TPC go n/a Street Addjeea City State Zip dared ,Tuna 27 ,19 32- between KELLY T. WALKER. Seller,and DARREN WEIDENHAMER RUM The tmdenitFed accepts the proposed oom7s4 eubjoct to the foWywift .meadtnma: 1. SALES PRICE SHALL HE INCREASED TO 860,000.00. ALL LOAN AMOUNTS SHALL BE ADJUSTED ACCORDINGLY. 2. SEPTIC PERMIT HAS EXPIRED, HOWEVER, SELLER SHALL TRANSFER ANY AND ALL INFORMATION PERTAINING TO SUCH SYSTEM TO BUYER AT CLOSING. AD other tams and wog:ions shall remain the rime. This oototmpropo.d .bell aspire robes accepted in ralitg, by Buyer and Salle, as nidrae by their aigsurts below. sad the ofitriog parry to this doumees receives mice of ouch aooepuree oa m berme ,Dann a ry 13 ,19 a...If accepted,the proposed eomraa. as=aided hereby,shall broom a eootraa between Sella sad Royer. SELLER 1\ — " '� Q-� DATE ( KELLY T. WALKER 11623 LOGAN STREET, NORTHGLENN, CO 80233 Home #: 303-252-0481 Hue.#: 303-820-7438 BUYER DATE DARREN WEIDENHAMER N.B. When this counterproposal term is tend the proposed contract is sat to be ogiS by the Party isitiati.g thin colotospropoul This ex a m propnasl mire be aeaaely attached to said proposed contract. The panted por as or this terra.except pa galvd)Ed armlets )addiu m have been appmwd by the CNFtads Reel ISM Comlbaba. No.CP4F14&COUNTERPROPOSAL RsIFASTO Fame,Bar 4700,Ftiaeo,GO 90443. fano 5.5.ORwSFASTW,1290;RegOOGOCOU2347ti Comahtad by-Sartdy Jdom,BmYar Aaseerea.LAMBERT REALTY otnzaa to:3S:37 EXHIBIT dl 1 9 9!1580 01/12/95 13:44 FAX 13036591n16 LAMBERT 13836593016 4703 L.AMlSCKI KCAL 1 T JAN 12 '98 01:41PM 165 E BRIDGE ST BRIGHTON, CO 80601 Phone: (303) 669-1216, Fax: (303) 6694016 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. CLOSING INSTRUCTIONS January 12 19 .9..t-. • 1' KELLY T. WALKER (Sala)mad DARREN WEIDENHAMER (Bayer) =gage $ECRRTTY — ROTFNTON. CO (Clang any),woo sores to provide clueing and sedan .evicas in connexion with the daag of to followaag ascribed real sane in the Camay of WELD ,Cdado,merit SEE ADDENDUM "A" also known as: Stem Addis VACANT LAND CO A/a City Sate Zip 2. Ching Company is authorised to Sal iafatmeiaa and arm to papa, chain, ddi nr ad mead W Boatman, atdudmg preperatiee of legal datmns massy to Amy am de lams and auditions of the Casavact to Buy and Sell Reel Es Enid January OB. 1998 with any m atapapm®ls and smmds= atoufidd (Canna} 3. CLos CarmTway will evsian a fie ml b aued S 110-Go t$ providing thaw claming and atilcone anion in Is the cease of 1 /2 ROOAt.t,Y — AUVF.R t_ SELLER Closing Cmpmy a suthaiad to arrive buds ad to diebume rrhm all funds reodvd are Stir avulable for iamadisu withdrawal as a mans of right from the rnmdei mrdmdoo in which the famde twit loos deposited or ere available fx immediate withdrawal as a cro:aquae of en car®se of s theta! 'samba in which the bends as to be deposited or a financial msdmdon upon which the Benda am to he drawn "Gad Pane. S. Clog Company is not authorized to tee any d0aro:ote a the of value prior to receipt sad disbursement of Geed Foods,asp a provided in Sections 10 and 11- 6. Closing Coayeay shall disburse all foods including teal afire mm-owdme, swept than Rua as may be sepuaWy diclm.d in whirrs to Buyer ad San by Closing Company a Buyds leder ca or Way doling.AD pone agree that m one an than the dishes an issue that payoff of]neon ad otter disiwsutmts will aaually ht made. '7. Seller will receive the ce[ponds of dosing as hand: ❑ cashier's ohcck at ailda apace. O foods electronically Inmbud(wit transfer) men account specified by the Seller, et Salida espreae a ® Closing Cora enrs vas yam aback. IL Buyer lad Sala will banish any additional infhrmatim and dams= sgnutd by Closing Company which will be feces cry to complaa thin tranaatim 9. Cbnhig Conway will pare and deliver en Minte, Complete and detailed doing sat to Buyer end Sake.t time of dating, 10. If clan ng des amt moan. Claim Cave my, asp as provided berate is aurhaised and Amoy to retua all dogma mmiaa and thimp of value to IS dopeniuhtg patty and Ching Company will be Mined dun any Aida duty,tesposibility or Baulky Is anspia with those msmuafooa In edditiaa mry pmmimy note, reed of tram, or other evtdo ee of imddttadao signed by Buyer, shall be voided by Closing Camay, with the origiod(s) rammed to soya ad a car to Buyer's laidtr. 11. If ay asking demands are made an the Cluing Casey, at W ale diuretic. Closing Cargrmy may gold any monies,Oxus% end'Mop of value reaivcd ft® any pity av:ept Barses lender. Clorog Compaq abaft saris such isms amal (1)receipt of=ma wrist iomrnedce em Buyer and Sale,a(2)ttevl a civil action betwam Buyer and Sella dell ban pbeen rndved in a Cast of co paint jurisdiction a(3)m g the•lai-a^^ Clsuag a Conuany may,in in one dieama . sezin x a civil anion to i'r ,et,imerplad m ay edtime Wei arun any doameta,soon=or(eh=things of value stashed by Clonal Cavpaay. Such deposit with the Coen dun Sieve Clewing Campy of all Bmdar liability ad aapoodbility and Clang Cowpony shell be mtidd to all oat cams and swsmable avareya'fees Than loins insbuetinm any be only amendoi a terminated by writ= iaanwtiess signed by Buyer, Sera and Closing Company. 13. The banal Revenue Service and the Cadent Deputizes of Reams may regain Closing Company to withhold a adsandal pram of the pima of this ale wha Seller a lio(a) is taiga pace a (b)well not be a Colorado meat after closing. Seller desk Spire of Sara's sex advisor to . uosw if wathkldiog sopa or if an wmotia adds 14. Sal III949Ctia D/a l3. Tlacie Ching lmwaita may be wo ad by each Bu.t, Seller am Closing Caupeay itadividualy sod when gods Buyer,seller ad Clamg Complexly has ®and a copy of aha Chat lmmua kes,such acpa lots Wan shall be deemed to by a Bill and campeu ommaa Sweet Sc pities APPROVE) AND ACCEIT D 1 �^ (��j SELLER CLQQ4et LkJ r Q(l 1J1� DATE ( I c�- 11623 LOGAN STREET, NORTHGLENN, CO 80233 Home #: 303-252-0481 Bus.#: 303-820-7438 The printed portioned/the lost have been apprmsad er the Colorado Reel Estate camnsslen(C14446). Gt.544g. CLOSING wsTRucnota ReseFASTOfomu,Bmt4T00,Foam,CO 80449. Venice 5.5.CR®IF/STW.1990:Reg*CCOCOL223475 Completed by-Sandy Jad son.BrderMsadae.LAMBERT REALTY s .1 d 2 Duals) 01112.101110A2:48 � 91580 13i73b553N1b .�'- . . _ JAN 12 '98 01:41PM BUYER DATE DARREN WEIDENHAMER claaiag C'- q SECURITY TITLE BY: Tile Data TO BE COMPLETED ONLY BY BROKER MD CLOSING COMPANY. J.AMRF,RT RYAT,TY Btokr unpin Closing Cay r Bmka's Scrivener to aomPMs, Ir a n not w mined S S.00 at[6e auk of Bt kg t t.ds following octuno a 1 r Deed ® BSI of Salo ❑ Colorado Rol Eaate Cann Agaowd Praoaaary Note and IN Colorado Rd Eon,Co®• Del af Trost The dacu®b waled Ono shell be®hjea to Broken aeviaa wed appal sad Banker admoMedges that Broker R for the many of 0m above danaomta Closing Camay tall pay reef onto awassinana as disbuaamma an follows Campoy. JAMRERT REAT,TY paid by onus. • n/a %r gain compact. RF.MAX CLAtSIC p by CRT.T. 2� .a,% Other rt/a % By: By Broker ' Company Data Date • is I TIN brined Pardon al tltle Mtn have lawn apprand by the Colorado Real Son Garttmbdon(CLBAJ6). CLB 9A8. GL07t94G INSTRUCTIONS RaaSFAMTO Fana,Bat 4700,Friaa t CO 60443, Version 5.5,ORaadFAST®,1998;Rego CCOCOL223475 Complain by-Sandy noisson:BrokrAaaodaha LAMBERT REALTY Para at 3 9117 295 70:42249 Soller(a) __ , 9s'"1 S80 Prepared by Jay Powers, Broker Asr late page 1 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. Compensation charged by real estate brokers is not set by law. Such charges are established by each real estate broker. DIFFERENT BROKERAGE RELATIONSHIPS ARE AVAILABLE WHICH INCLUDE BUYER AGENCY, SELLER AGENCY, SUBAGENCY OR TRANSACTION-BROKER. jvi. RF�� I ■h G EXCLUSIVE RIGHT-TO-BUY Classic CONTRACT (BUYER AGENCY) rrvole, Greenwood Village, CO • (303) 741 -4900 -__ GREENWOOD VILLLAGE ,Colorado, Rf ton& Thursday, January 8, 1998 Darren Weidenhamer Name(s)of Buyer(s) ("Buyer")appoints RE/MAX CLASSIC GREENWOOD VILLAGE,COLORADO (Broker)as Buyer's exclusive agent for the purpose of representing Buyer to acgnihkiNs2tn real property as indicated in Section 3("Property')and under the terms specified herein. 1. Effect Of Exclusive Buyer Agency Contract. Broker is the limited agent of Buyer and will represent only Buyer. By engaging Broker as Buyer's exclusive agent, Buyer agrees to conduct all negotiations for Property through Broker and to refer to Broker all inquiries received from real estate brokers,salespersons,prospective sellers, or any other source during the time this contract is in effect. Buyer agrees that any compensation to Broker which is conditioned upon the acquisition by Buyer of interests in real property,whether by lease or purchase,(collectively"Purchase"),will be earned by Broker whenever such interests are acquired by Buyer directly or indirectly,without any discount or allowance for any efforts made by Buyer or any other person in connection with the acquisition of such interests by Buyer. • 2. Purchase. "Purchase of the Property"or"Purchase"means the voluntary acquisition of any interest in the Property or the voluntary creation of the right to acquire any interest in the Property(including a contract or lease). 3. Property. The Property shall substantially meet the following requirements or be otherwise acceptable to Buyer: Acreage Acceptable Fro Motorcross Track 4. Duration of Agency. Broker's authority as Buyer's exclusive agent shall begin Thursday, January 8, 1998 , and shall continue until the earlier of Wednesday,April 8, 1998 , or completion of the acquisition of the Property. 5. Broker's Services. Broker will exercise reasonable skill and care for Buyer,and make reasonable efforts to locate property. (a) Broker will promote the interests of Buyer with the utmost good faith, loyalty and fidelity, including, but not limited to: (1) seeking a price and terms which are acceptable to Buyer,except that Broker shall not be obligated to seek other properties while Buyer is a party to a contract to purchase Property; (2) procuring acceptance of any offer to purchase property and to assist in the completion of the transaction; (3) presenting all offers to and from Buyer in a timely manner, regardless of whether Buyer is already a party to a contract to purchase Property; (4) disclosing to Buyer adverse material facts actually known to Broker; (5) counseling Buyer as to any material benefits or risks of the transaction which are actually known to Broker; (6) advising Buyer to obtain expert advice as to material matters about which Broker knows but the specifics of which are beyond the expertise of Broker; (7) accounting in a timely manner for all money and property received,and (8) informing Buyer that Buyer may be vicariously liable for the acts of Broker when Broker is acting within the scope of the agency relationship. (b) Broker shall not disclose to the seller or any other third party,without the informed consent of Buyer: (1) that Buyer is willing to pay more than the purchase price for Property; (2) what Buyer's motivating factor(s)are; (3) that Buyer will agree to financing terms other than those offered; (4) any material information about Buyer unless disclosure is required by law or failure to disclose such information would constitute fraud or dishonest dealing;and (5) any facts or suspicions regarding circumstances which would psychologically impact or stigmatize Property. (c) Broker shall disclose to any prospective seller all adverse material facts actually known by Broker, including but not limited to adverse material facts concerning Buyer's financial ability to perform the terms of the transaction and whether Buyer intends to occupy Property as a principal residence. (d) Broker shall make submissions to Buyer describing and identifying properties appearing to substantially meet the criteria set forth in Section 3. 6. Costs of Services or Products Obtained from Outside Sources. Broker will not obtain or order products or services from outside sources unless Buyer has agreed to pay for them promptly when due. (Examples:surveys, soil tests, radon tests, title reports, property inspections.) 7. Compensation to Broker. In consideration of the services to be performed by Broker, Buyer shall pay Broker as follows: [Instruction: If any of the forms of compensation set forth in subsections(b),(c),or(d)will pat be used,write"N/A"in the blank(s)of such subsection(s).] (a) Success Fee. Broker shall be paid a fee equal to the greater of N/A or 3 %of the purchase price. The success fee is conditioned upon the Purchase of the Property or the acquisition by Buyer of property not in compliance with the requirements specified in Section 3 but within the purview of this contract.This fee is payable upon closing of the transaction(s),subject to the provisions of Section 8. This fee shall apply to Property contracted for during the original term of this contract or any extension(s)and shall also apply to Property contracted for within 120 days after this contract expires or is terminated (Holdover Period)if the Property was shown or specifically presented in writing to Buyer by Broker during the original term or any extension(s)of the term of this contract; provided, however,that Buyer shall owe no commission to Broker under this subsection if a commission is earned by another licensed real estate broker acting pursuant to an exclusive right-to-buy contract or an exclusive agency listing contract entered into during the Holdover Period. The printed portions of this form,except the(italicized/DIFFERENTIATED)insertions,have been approved by the Colorado Real Estate Commission(BC17-9-95) Re/Max Classic Buyer's initials: _ 0351 9800812310044 12:51:55 D1/O$/9$ $$$.ppOm V4.0 ®1993-1996 Oes,Inc 1-800-795-7759 (7..-.1 580 Prepared by Jay Powers, Broker As!: late page 2 section 7 continued. Buyer is obligated to pay Broker's fee. However, Broker is authorized and instructed to request payment of Brokers fee in any of the following indicated methods: X BY LISTING BROKER. X BY SELLER FROM THE TRANSACTION. OTHER: "NOT APPLICABLE** (b) Hourly Fee. Buyer shall pay to Broker at the rate of $0.00 per hour for time spent by Broker pursuant to this contract,to be paid to Broker when billed to Buyer. (c) Retainer Fee. Buyer shall pay Broker a nonrefundable retainer fee of $0.00 due and payable upon signing of this contract. This amount X SHALL SHALL NOT be credited against fees payable to Broker in this Section 7. (d) Other: **NOT APPLICABLE** 8. Failure to Close. If a Seller fails to close with no fault on the part of Buyer,the success fee provided in Section 7(a)shall be waived. If Buyer is at fault,such success fee will not be waived, but will be due and payable immediately. Broker shall not be obligated to advance funds for Buyer. 9. Disclosure of Broker's Role. At the earliest reasonable opportunity,Broker shall inform any prospective sellers or their brokers with whom Broker negotiates pursuant to this contract that Broker is acting on behalf of a Buyer-principal. 10. Disclosure of Buyer's Identity. Broker Kt does does not have Buyer's permission to disclose Buyer's identity to third parties without prior written consent of Buyer. 11. Dual Agency/Transaction-Broker. If a written Dual Agency or Transaction-Broker Addendum is signed by Buyer, Broker may show Buyer properties listed by Broker. 12. Other Buyers. Broker may show properties in which Buyer is interested to other prospective buyers without breaching any duty or obligation to Buyer. 13.Assignment by Buyer. No assignment of Buyers rights or obligations under this contract and no assignment of rights or obligations in property obtained for Buyer under this contract shall operate to defeat any of Broker's rights. 14. Nondiscrimination. The parties agree not to discriminate unlawfully against any prospective seller because of the race, creed, color,sex, marital status, national origin,familial status,physical or mental handicap,religion or ancestry of such person. 15. Recommendation of Legal Counsel. By signing this document, Buyer acknowledges that Broker has advised that this document has important legal consequences and has recommended consultation with legal and tax or other counsel, before signing this contract. 16. Alternative Dispute Resolution: Mediation. If a dispute arises relating to this contract, and is not resolved, the parties and broker(s)involved in such dispute(Disputants)shall first proceed in good faith to submit the matter to mediation. The Disputants will jointly appoint an acceptable mediator and will share equally in the cost of such mediation. In the event the entire dispute is not resolved within thirty(30)calendar days from the date written notice requesting mediation is sent by one Disputant to the other(s), the mediation, unless otherwise agreed,shall terminate. This section shall not alter any date in this contract, unless otherwise agreed. 17.Attorney Fees. In case of arbitration or litigation between Buyer and Broker in their respective capacities,the parties agree that costs and reasonable attorney fees shall be awarded to the prevailing party. 18. Additional Provisions: (The language of these additional provisions has not been approved by the Colorado Real Estate Commission). **NONE OTHER ** 19. Modification of this Contract. No subsequent modification of any of the terms of this contract shall be valid, binding upon the parties, or enforceable unless in writing and signed by the parties. 20. Entire Agreement. This contract constitutes the entire agreement between the parties and any prior agreements,whether oral or written, have been merged and integrated into this contract. 21. Counterparts. If more than one person is named as a Buyer herein,this contract may be executed by each Buyer, individually, and when so executed, such copies taken together shall be deemed to be a full and complete contract between the parties. 22. Copy of Contract. Buyer acknowledges receipt of a copy of this contract signed by Broker. Accepted: Date of signature , 19 . Buyer: Date of signature , 19 Buyer: Darren Weidenhamer Buyer's Address: Ph: Accepted: RefMa�1c Classic 7400 E. Orchard Road, Suite 2900 By: l ` • �y�//. « Greenwood Village, Colorado 80111-9812 J Powers, Broker Associate (303) 741-4900 (303) 741-0859 (Fax) The printed portions of this form,except the(italicized/DIFFERENTIATED)insertions,have been approved by the Colorado Real Estate Commission(BC17-9-95) 0351 9800812310044 Re/Max Classic 12:51:55 01/08/98 $$$-PRO'" 4 0 ®1993-1996 Oe5,tnc.1-800-795-7759 9t t580 " a ,Q w V 0 d V IN .7 C u in u ° a a bc0 o ci +� u u C' .5, vvtiubyuut ° C • V al 0 a V U --4 4 u n L .p 11 ' C "Cl a 0 'u b I/ y O.V v N u f a 0Z O D t. la T1 v ..[NI 'n hi pal h .-1-1 ~LI ~ b Fri N n � 1 .-1 ... �•�� q a v O, a h n u 3 v p 0 fzi 04 r1 1.1 p bp S • Y 7 D 4 C Ai 0 [Anvil. . r 0 a) nYi C O (u+ D n P q r .Q b_ a • o F. a .. o L a g4ON oV r el p4 C+ S1 D. r Ili 4 0. y u u ►. v D ,, .ari anu ; L � u kfl C 144 ti A • I .3 -4:1 7w I.I O U C . y ,Q � tl � u m a !. N v u t ''•1 In 0 41 LAX a. W ✓n H � � 1b ►. g . : r to c-. .� -1 u off u x a s V a v a � u �4 Q 0 I.I I+ R Cr q tS] r w • a ovt a - ., aI4- A.- + u 1 � � � " /p t 45 .O 4 D I I kO n • C R M H NI N .L•• O u .-f I-4 .J 0 Ti p N 0 ,C u eC N V TI17 p SLi 14 4 u u C N g V I3 X N {Li toi y "1 v. u O 1+ aO A. 10 **i 77 yV t • .9 mg %) q 0 >4 1'• •n CI vC7 u &I ra ft( Ira 1.0 I u �,ON b 'i r U •i r • • rw u .op°it-lair-4 00000 o in 41 O u [.I V. U C 5 $ O r u . A e•1 O 4 a {m� up N O O Ir1 ► W W u y O 1.W W assn u t V✓1 v� 0 a3 � a II O 0 ' u r 7 W . n O O N A .i C�I Id O r r' .' co cv "4IY . I'1 u a u pp4 R u HncR711 l,40w0bl y 6 `"�Ra'1.580 E C /CJ,//.</Vc// Prepared by Jay Powers, Broker As: ate ---rs .3✓,qLL 247E—iii. ,70 S'E page 1 T H S RAMR EA SS SI MH T E LJG O AND I TH OPI OU EL BEFORE SIGNING. CONSL DETAX SO R RF/Ai OTHER CO . ..\\1(+l Classic VACANT LAND / Greenwood Village, CO FARM AND RANCH ^ CONTRACT TO BUY AND SELL (303) 741 -4900 REAL ESTATE Realtor® 1. PARTIES AND PROPERTY. _Thursday, January 8 1998 Darren Weidenhamer buyer(s)[Buyer], (as joint tenants/ 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: known as No. TBD TBD COLORADO TBD _ Street Address City State Zip 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(collectively the Property). 2. INCLUSIONS I EXCLUSIONS. The purchase price includes the following items(a)if attached to the Property on the date of this contract: lighting, heating,plumbing,ventilating, and air conditioning fixtures,TV antennas,water softeners,smoke/fire/burglar alarms, security devices, inside telephone wiring and connecting blocks/jacks,plants, mirrors,floor coverings, intercom systems, built-in kitchen appliances, sprinkler systems and controls, built-in vacuum systems(including accessories),and garage door openers including 0 remote controls; (b)if on the Property whether attached or not on the date of this contract:storm windows, storm doors,window and porch shades, awnings, blinds, screens, curtain rods,drapery rods,fireplace inserts,fireplace screens, fireplace grates, heating stoves,storage sheds, all keys and (c) --NONE OTHER-- (d)Water Rights. Purchase price to include the following water rights: Well Permit#203153 (e)Growing Crops. With respect to the growing crops Seller and Buyer agree as follows: If Applicable Buyer Will Harvest The above-described included items(Inclusions)are to be conveyed to Buyer by Seller by bill of sale, Sewage Disposal Permit deed or other applicable legal instrument(s)at the closing, free and clear of all taxes,liens and encumbrances,except as provided in Section 12. The following attached fixtures are excluded from this sale: --N0NE-- 3. PURCHASE PRICE AND TERMS. The purchase price shall be $58,900.00 ,payable in U.S. dollars by Buyer as follows: (Complete the applicable terms below.) (a) Earnest Money. $2,000.00 in the form of PROMISSORY NOTE , as earnest money deposit and part payment of the purchase price,payable to and held by Lambert Realty broker, in its trust account on behalf of both Seller and Buyer. Broker is authorized to deliver the earnest money deposit to the closing agent, if any,at or before closing. The balance of $56,900.00 (purchase price less earnest money)shall be paid as follows: (b) Cash at Closing. $27,450.00 , plus closing costs,to be paid by Buyer at closing in funds which comply with all applicable Colorado laws,which include cash,electronic transfer funds,certified check,savings and loan teller's check and cashier's check(Good Funds). 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 Good Funds at closing or paid as follows: NOT APPLICABLE (c) Nftw Loan. TYPE: CONVENTIONAL FIXED 27,450.00 by Buyer obtaining a new loan. This loan will be secured by a(1st,2nd,etc.) FIRST deed of trust. The loan shall be amortized over a period of TBD years at approximately per month including principal and interest not to exceed %per annum,plus, if required by Buyer's lender, a monthly deposit of 1/12 of the estimated annual real estate taxes, property insurance premium,and mortgage insurance premium. If the loan is an adjustable interest rate or graduated payment loan,the monthly payments and interest rate initially shall not exceed the figures set forth above. Loan discount points, if any, shall be paid to lender at closing and shall not exceed 0.0000 %of the total loan amount. Notwithstanding the loan's interest rate,the first 0.0000 loan discount points shall be paid by NOT APPLICABLE • and the balance, if any,shall be paid by NOT APPLICABLE Buyer shall timely pay a loan origination fee not to exceed _1.0000 %of the loan amount and Buyer's loan costs. The printed portions of this form,except the(italicized/DIFFERENTIATED)insertions,have been approved by the Colorado Real Estate Commission(CBS 3-7-96) Re/Max Classic Buyers initials:_ _ Seller's initials:_ _ 0351 9800813080046 14.05:55 01/08/98 us-hears V4.0 ®1993-1996 pes,lnc.1-800-795-7759 9"l.580 Hello