The URL can be used to link to this page

Browse Search

Home My WebLink About951739.tiff„Aetlie, AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE THIS AGREEMENT is made and entered into this 94 day of May, 1995 by and between SCX, Limited Liability Company, whose address is 905 10th Avenue, Greeley, Colorado 80631, hereinafter referred to as "SCX"; the Highland Day Care Center, Inc., whose address is 215 South First Avenue, Ault, Colorado 80610, hereinafter referred to as "HDCC"; and A. Bruce Johnson & Associates, Ltd., whose address is 800 8th Avenue, Greeley, Colorado 80631, hereinafter referred to as "Intermediary." WITNESSETH: WHEREAS, HDCC operates a day care center in Ault, Colorado, which is in need of a new, expanded facility, and WHEREAS, SCX owns property known as Tract A, Block 1, Ault West, a P.U.D. of a portion of the Southeast Quarter of Section 11, Township 7 North, Range 66 West of the 6th P.M., Town of Ault, Colorado, according to the plat recorded at Book 865, Reception Number 1786675 in the Office of the Weld County Clerk and Recorder, hereinafter referred to as "Tract A," and WHEREAS, SCX has no current need for the west half of Tract A, and WHEREAS, HDCC wishes to purchase the west half of Tract A, with the north portion of said west half Tract A to be used for the new facility and being described in the attached Exhibit "A" and being hereinafter referred to as "Parcel 1", and with the south portion of said west half of Tract A being described in the attached Exhibit "B" and being hereinafter referred to as "Parcel 2", and WHEREAS, in order to effectuate the sale and purchase of Parcels 1 and 2, the consideration must first be paid and the Parcels must be transferred to Intermediary, who shall then pay the consideration over to SCX and transfer ownership of the Parcels to HDCC, and WHEREAS, the parties hereto desire to enter into this Agreement for the purpose of defining the agreement and understanding of the parties with respect to the sale of the properties to HDCC. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. SALE OF PROPERTY TO HDCC: adhlittf- n8/ jp7/ HDCC shall pay the sum of $60,000 to Intermediary. SCX shall transfer ownership of Parcel 1 and Parcel 2 to Intermediary by special warranty deed. Intermediary shall then pay over the 68,000)r, SCX and transfer ownership of Parcel 1 and Parcel 2 < -rlte &E. * o C"' C Page 1 of 4 Pages 2438393 B-1492 P-188 05/15/95 04:42P PG 1 OF 6 Weld County CO Clerk & Recorder 5517 REC DOC 0.00 Fraosy to HDCC by special warranty deed. The parties agree that the $60,000 is sufficient consideration for the purchase of said Parcels. 2. NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties, their officers, or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care that did not previously exist with respect to any person not a party to this Agreement. 3. ENTIRE AGREEMENT/MODIFICATION This Agreement contains the entire agreement between the parties hereto and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal, or other alteration of or to this Agreement shall be deemed valid or of any force or effect whatsoever unless mutually agreed upon in writing by the undersigned parties. 4. DATE OF CLOSING AND PAYMENT OF TAXES: The date of closing for the transfer of Parcel 1 and Parcel 2 shall be agreed upon by the parties. Each Parcel shall be conveyed free and clear of all taxes, liens and encumbrances (except applicable building and zoning regulations) and any special improvements, except the general property taxes for the year 1995, which shall be apportioned to the date of the conveyance. Possession of the Parcels shall be delivered to the grantees upon the date of the conveyances, and said Parcels shall not be subject to any leases or tenancies. 6. MISCELLANEOUS: a. All of the promises and covenants stated herein shall be in full force and. effect, notwithstanding the conveyances of the Parcels outlined above. b. SCX represents and warrants that as of the day hereof and as of the date of the conveyances, neither the execution of this Agreement nor the consummation of this transaction constitutes, or will result in, any breach of any of the terms, conditions, or provisions, or constitute a default under any indenture, charter, bylaw, mortgage, loan agreement, lien, lease, license, judgement, decree, order, instrument, or other verbal or written agreement to which SCX is a party of or which the tracts to be conveyed are subject to, except as may be provided herein. Page 2 of 4 Pages 2438393 B-1492 P-188 05/15/95 04:42P PG 2 OF 6 Hi c. SCX shall arrange for Weld County, Colorado, to obtain and pay for title insurance covering Parcels 1 and 2 which shall show good and sufficient title vested in HDCC after the conveyances detailed herein. d. Replat of Tract "A": Tract A shall be replatted such that it is divided into four parts. The first part shall be designated "Parcel 1" and shall comprise approximately three -fifths of the area of the west half of Tract A. Parcel 1 shall be used by HDCC for its new facility. The second part shall be the remainder of the west half of Tract A, comprising approximately two -fifths of said west half, and shall be designated as "Parcel 2." The east half of said Tract A shall be divided equally, with the north half of said east half being designated as "Parcel 3." The south half of said east half shall be designated "Parcel 4." Said replat shall be performed by a surveyor or engineer on behalf of SCX and HDCC, whose services shall be paid for by HDCC by and through a separate agreement with Weld County, Colorado. DATED this 171- day of May, 1995. SCX, Limited Liability Company je` RogetSchultz, Manager ad Member SUBSCRIBED AND SWORN to before me this 4%'( day of WITNESS my hand and official seal. My commission expires: /7c Notary Public SCX, Limited Liability Company �4ly ,3197..? J :p Steven H. Caldwell, Member SUBSCRIBED AND SWORN to before me this 4'M day of /1%iry 199.5 WITNESS my hand and official seal. My commission expires: p//tq` Notary Public Page 3 of 4 Pages 2438393 B-1492 P-188 05/15/95 04:42P PG 3 OF 6 Ii 1 HIGHLAND DAY CARE CENTER, INC. BY: Shelly Mill•. Secretary SUBSCRIBED AND SWORN to before me this ( c day of Mik , 19 ti.; - WITNESS my hand and official seal. My • fission expir s DIANE IC DECKMAM 9\ a. //c te of c0 ? 1996 Notary Public A. BRUCE JOHNSON & ASSOCIATES, LTD., Intermediary BY: A. Bruce Johns SUBSCRIBED AND SWORN to before me this 'A day of WITNESS my hand and official seal. My commission expires: z13- Notary Public Page 4 of 4 Pages 2438393 AB -1492 P-188 05/15/95 04:42P PG 4 OF 6 fr fratietat- ,19,S- Parcel 1 LEGAL DESCRIPTION A part of Tract "A" Block One of Ault West subdivision a P.D.D. portion of the Southeast Quarter (SE1\4) of Section 11, Township 7 North, 12ange 66 West of the 6th P.M., Town of Ault, County of Weld, State of Colorado and being more particularly described as follows: Commencing at the Southeast Corner of said Section 11 and considering the South line of Southeast Quarter to bear North 89' 14' 40" West to the South Quarter (S1\4) Corner of said Section 11, with all other bearings contained herein relative thereto; thence North 89° 14' 40" West, along said South line a distance of 601.40 feet (previously _recorded as N 88° 58' 26" West, 600.96 feet); thence North 02° 00' 00" West, a distance of 35.42 feet, (previously recorded as 43.06 feet) to a point on the North Right -of -Way line of Colorado State Highway No. 14, also being the Southeast Corner of Tract "A" Block One of Ault West P.U.D. thence North 89° 03' 32" West, along said North Right -of -Way line, also being the South line of Tract "A" a distance of 216.89 feet; thence leaving said Right -of -Way line North 00° 52' 00" West, a distance of 134.52 feet, to the True Point of Beginning; thence South 88° 18' 44" West, a distance of 229.69 feet, to a point on the East Right -of -Way line of Birch Avenue; thence along said line North 01° 41' 16" West, also being the West line of Tract "A" a distance of 219.05 feet, to the Northwest corner of said Tract "A"; thence leaving the East Right -of -Way line, North 89° 03' -57" East, a distance of 232.81 feet, (previously recorded as North 89° 08' 00" East) along the North line of Tract "A"; thence leaving said North line, South 00` 52' 00" East, a distance of 216.01 to the True Point of Beginning. Said Tract of land contains 1.155 acres, more or less, and is subject to any Rights -of -Way or other easements as granted or reserved by instruments of record or as now existing on said tract of land. Legal Description Prepared by: Grant M. Waldo KLH.Engineering, Inc. 822 7th Street, Suite 5 Greeley, Colorado 80631 May 2, 1995 2438393 B-1492 P-188 05/15/95 04:42P PG 5 OF 6 EXHIBIT "A" I Parcel 2 LEGAL DESCRIPTION A part of Tract "A" Block one of Ault West subdivision a P.U.D. portion c,f the Southeast Quarter (SE1\4) of Section 11, Township 7 North, Range b-6 West of the 6th P.M., Town of Ault, County of Weld, State of Colorado and being more particularly described as follows: Commencing at the Southeast Corner uS said Section 11 and considering the South line of Southeast Quarter to bear North B9° 1-4' 40" West to the South Quarter (S1\4) Corner o₹ said Section 11, with all other bearings contained herein relative thereto; thence North S9° 1-4' 40" West, along said South line a distance of -601.4_0 feet (previously recorded as N 88' 58' 26" West, 600.96 feet); thence North 02' 00' 00" West, a distance of 35.-42 feet, (previously recorded as 43.06 feet) to a point on the North Right -of -Way line of Colorado State Highway No. 14, -also being the Southeast Corner of Tract "A" Block One of Ault West P.U.D.; thence along said North Rightn₹-Way line North 89' 03' 32" West, a distance of 216.89 feet, also being the South line of Tract "A" to the True Point of Beginning; thence continuing along said South line North 89° 03' 32" West, a distance of 1199.35 ₹eet; thence along a curve to the right having a radius of 30.00 feet, a central angle of 87° 22' 16" an arc distance of 45.75 feet, the long chord of which bears North 45° 22' 24" Nest, a distance of 41.44 feet, to the East Right -of -Way line of Birch Avenue; thence along said line North 01° 41' 1-6" West, also being the West line of Tract "A" a distance of 915.39 feet; thence leaving the East Right -of —Way line, North 88° 18' 44" East, a distance of 2219.69 feet; thence South 00` 52' 00" East, a distance of 134.82 feet, to the True Point of Beginning. Said Tract of land contains 0.6'75 acres, more or less, and is subject to any Rights -of -Way or other casements as granted or reserved by instruments of record or as now existing on said tract of 1 -and. Legal Description Prepared by: Grant M. Waldo KLH Engineering, Inc. 822 7th Street, Suite 5 Greeley, Colorado 80631 May 2, 19395 2438393 B-1492 P-188 05/13/95 04:42P PG 6 OF 6 EXHIBIT "B" SPECIAL WARRANTY DEED THIS DFED is made this 4 day of j,C , 1995 between SCX, Limited Liability Company, a Colorado Limited Liability Company, whose addres(is-905Tfenth Avenue, Greeley, Colorado, County of Weld, and State of Colorado, Grantors, -and A. Bruce Johnson & Associates, Ltd., whose legal address is 800 8th Avenue, Greeley, Colorado, County of Weld, and State of Colorado, Grantees. WITNESSETH, that thegrantors,-forand in consideration of the sum of Sixty Thousand Dollars ($60,000), the -receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, -bargain, sell, convey and confirm, unto the grantees, their heirs and assigns forever, all the -real -property, together with improvements, if any, _situate, lying and -being in the County of Weld, State of Colorado, described as -follows: All that real property described in the attached Exhibits A and B, TOGETHE-R with all and singular the hereditamentsand appurtenances thereto belonging, or in anywise appertaining, and -the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, -right, title, interest, claim and demand whatsoever of the grantors, either in law or equity of, in and to the above bargained premises, with the hereditaments and appurtenances; TO -HAVE AND TO HOLD the said premises above bargainedand described with the appurtenances, unto the Grantees, their heirs and assigns forever. The Grantors, for themselves, their heirs and personal representatives or successors, do covenant and agree -that their heirs and assigns, against alLand every_person or persons claiming the whole or any part thereof, by, through or under the Grantors. IN WITNESS WHEREOF, the Grantors have executed this deed on theilate set forth above. SCX, LIMITED LIABILITY COMPANY, A Colorado Limited Liability Company BY: STATE OF CDLORADO ) ) ss. COUNTY OF WELD Roger /. Schultz, Managerand M€ i er The foregoing instrument was acknowledged before me this day of Ary , 1993by Roger L. Schultz, Manager and Member, SCX, Limited Liability Company, A Colorado Limited LiabilityCompany. Witness my hand and official seal. My Commission expires /4't.-t.li //, 197/. Name_and Address of Person Creating Newly Created Legal Description (§ 38-35-I 06.5,LRS.) Grant M.Waldo KLHEngineering, Inc. 822 7th Street Greeley, Colorado 80631 M.\W PPILES\DEEDS\S W DHDCGGIB 2438394 13-1492 P-189 05/15/95 D4:=3P PG 1 OF 3 Weld County CO Clerk & Recorder REC DOC 0.00 Parcel 1 LEGAL DESCRIPTION A part of Tract "A" Block One of Ault West subdivision a P.U.D. portion of the Southeast Quarter (SE1\4) of Section 11, Township 7 North, Range 66 West of the 6th P.M., Town of Ault, County of Weld, State of Colorado and being more particularly described as follows: Commencing at the Southeast Corner of said Section 11 and -considering the South line of Southeast Quarter to bear North 89° 14' 40" West to the South Quarter (S1\4) Corner of said Section 11, with all other bearings contained herein relative thereto; thence North 89° 14' 40" West, along said South line a distance of 501.4_0 feet (-previously recorded as N 88° 58' 26" West, 600.96 feet); thence North 02° 00' 00" West, a distance of 35.42 feet, (Previously recorded as 43.06 feet) to a. point on the North Right -of -Way line of Colorado State Highway No. 14, also being the Southeast Corner of Tract "A" Block One of Ault West B.U.D. thence North 89° 03' 32" West, along said North Right -of -Way line, also being the South line of Tract "A" a distance of 216.89 feet; thence leaving said Right -of -Way line North 00° 52' 00" West, a distance of 134.52 feet, to the True Point of Beginning; thence South -88° 18' 44" West, a distance of 229.-69 feet, to a point on the East Right -of -Way line of Birch Avenue; thence along said line North 01° 41' 16" West, also being the West line of Tract "A" a distance of 21:9._05 feet, to the Northwest corner of said TrPrt "A"; thence leaving the East Ttight-of-Way line, North 89° 03' 57" East, a distance of 232.81 feet, (previously recorded as North 89° 08' 00" East) along the North line of Tract "A"; thence leaving said North line, South 00' 52' 00" East, a distance of 21-6.01 to the True Point of Beginning. Said Tract of land contains 1.155 acres, more or less, and is subject to any Rights -of -Way or other easements as granted or reserved by instruments of record or as now -existing on said tract of land. Legal Description Prepared by: Grant M. Waldo KLH Engineering, Inc. 822 7th Street, Suite 5 Greeley, Colorado 80631 May 2, 1995 2438394 B-1492 P-189 05/15/95 04:43P PG 2 OF 3 EXHIBIT "A" 111 Parcel 2 LEGAL DESCRIPTION A part of Tract "A" Block One of Ault West subdivision a P.U.D. portion of the Southeast Quarter (SE1\4) of Section 11, Township 7 North, Range 66 West of the 6th P.M., Town of Ault, County of Weld, State of Colorado and being more particularly described as follows: Commencing at the Southeast Corner of said Section 11 and considering the South line of Southeast Quarter to bear North 89° 14' 40" West to the South Quarter (S1\4) Corner of said Section 11, with all other bearings contained herein relative thereto; thence North 89° 14' 40" West, along said South line a distance of 601.40 feet (previously recorded as N 88° 58' 26" West, 600.96 feet); thence North 02° 00' 00" West, a distance of 35.42 feet, (previously recorded as 43.06 feet) to a point on the North Right -of -Way line of Colorado State Highway No. 14, also being the Southeast Corner of Tract "A" Block One of Ault West P.U.D.; thence along said North Right -of -Way line North 89° 03' 32" West, a distance of 216.89 feet, also being the South line of Tract "A" to the True Point of Beginning; thence continuing along said South line North 89° 03' 32" West, a distance of 199.35 feet; thence along a curve to the right having a radius of 3-0.00 feet, a central angle of 87 22' 16" an arc distance of 45.75 feet, the long chord of which bears North 45° 22' 24" West, a distance of 41.44 feet, to the East Right -of -Way line of Birch Avenue; thence along said line North 01° 41' 16" West, also being the West line of 'tract "A" a distance of 95.39 feet; thence leaving the East Right -of -Way line, North 88° 18' 44" East, a distance of 229.69 feet; thence South 00° 52' 00" East, a distance of 134.52 feet, to the True point of Beginning. Said Tract of land contains 0.675 acres, more or less, and is subject to any Rights -of -Way or other easements as granted or reserved by instruments of record or as now existing on said tract of land. Legal Description Prepared by: Grant M. Waldo KLH Engineering, Inc. 822 7th Street, Suite 5 Greeley, Colorado 80631 May 2, 1995 2438394 B-1492 P-189 05/15/95 04:43P PG 3 OF 3 EXHIBIT "B" 3ctS SPECIAL WARRANTY DEED THIS DEED is made this '< it day of Add V , 1995 between A. Bruce Johnson & Associates, Ltd., whose address is 800 8th Avenue, Greeley, 'Colorado, County of Weld, and State of Colorado, Grantors, and Highland Day Care Center, Inc., a Colorado Non -Profit Corporation, whose legal address is 215 South First Avenue, Ault, Colorado, County of Weld, and State of Colorado, Grantee. WITNESSETH, that the Grantors, for and in consideration of the sum of Sixty Thousand Dollars ($60,000), the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the Grantee, its heirs and assigns forever, all -the real property, together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as fol lows: All that real property described in the attached Exhibits A and B. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the Grantors, either in law or equity of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its heirs and assigns forever. The Grantors, for themselves, their heirsand personal representatives or successors, do covenant and agree that their heirs and assigns,against all and every person or persons claiming the whole orany part thereof, by, through or under the Grantors. IN WITNESS WHEREOF, the Grantors have -executed this deed on the date set forth above. - v r r; A. BRUCE JOHNSON & ASSOCIATES, LTD. c - r1 BY: STATE OF COLORADO ) ) ss. COUNTY OF WELD A. Bruce Johnson, Presiden� t The foregoing instrument was acknowledged before me this day of /177 , 1975 —,-by A. Bruce Johnson, President, A. Bruce Johnson & Associates,l,td. 7 Witness my hand and official seal. My Commission expires A/4Lra4 /7 , Name and Address of Person Creating Newly Created Legal Description (¢ 38-35-106.5, C.R.S.) Grant M.Waldo KLH Engineering, Inc. 822 7th Street Greeley, Colorado 80631 M \WPFILESDEEDS\S WDFIDCC GIB 2438395 B-1492 P -19O 05/15/95 04:43P PG 1 OF 3 Weld County CO Clerk & Recorder REC DOC 0.00 Parcel 1 LEGAL DESCRIPTION A part of Tract "A" Block One of Ault West subdivision a P.U.D. portion of the Southeast Quarter (SE1\4) of Section ii, Township 7 North, Range 66 West of the 6th P.M., Town of Ault, County of Weld, State of Colorado and being more particularly described as follows: Commencing at the Southeast Corner of said Section 11 and considering the South line of Southeast Quarter to bear North 89° 14' 40" West to the South Quarter (S1\4) Corner of said Section 11, with all other bearings contained herein relative thereto; thence North 89° 14' 40" West, along said South line a distance of 601.40 feet (previously recorded as N 88° 58' 26" West, 600.96 feet); thence North 02° 00' 00" West, a distance of 35.42 feet, (previously recorded as 43.06 feet) to a. point on the North Right -of -Way line of Colorado State Highway No. 111, also being the Southeast Corner of Tract "A" Block One of Ault West P.U.D. thence North 89° 03' 32" West, along said North Right -of -Way line, also being the South line of Tract "A" a distance of 216.89 feet; thence leaving said Right -of -Way line North 00° 52' 00" West, a distance of 134.52 feet, to the True Point of Beginning; thence South 88° 18' 44" West, a distance of 229.69 feet, to a point on the East Right -of -Way line of Birch Avenue; thence along said line North 01° 41' 16" West, also being the West line of Tract "A" a distance of 219.05 feet, to the Northwest corner of said Tract "A"; thence leaving the East Right —of -Way line, North 89° 03' 57" East, a distance of 232.81 feet, (previously recorded as North 89° 08' OD" East) along the North line of Tract "A"; thence leaving said North line, South 00' 52' 00" East, a distance of 216.01 to the True Point of Beginning. Said Tract of land contains 1.155 acres, more or less, and is subject to any Rights -of -Way or other easements as granted or reserved by instruments of record or as now existing on said tract of land. Legal Description Prepared by: Scooty- Grant M. Waldo KLH Engineering, Inc. 822 7th Street, Suite 5 Greeley, Colorado 80631 May 2, 1995 2438395 B-1492 P-190 05/15/95 04:43P PG 2 OF 3 EXHIBIT "A" 11111 Parcel 2 LEGAL DESCRIPTION A part of Tract "A" Block One of Ault West subdivision a P.U.D. portion of the Southeast Quarter (SE1\4) of Section 11, Township 7 North, Range 66 West of the 6th P.M., Town of Ault, County of Weld, State of Colorado and being more particularly described as follows: Commencing at the Southeast Corner of said Section 11 and considering the South line of Southeast Quarter to bear North 89' 14' 40" West to the South Quarter (S1\4) Corner of said Section 11, with all other bearings contained herein relative thereto; thence North 89' 14' 40" West, along said South line a distance of 601.40 feet (previously recorded as N 88° 58' 26" West, 600.96 feet); thence North 02' 00' 00" West, a distance of 35.42 feet, (previously recorded as 43.06 feet) to a point on the North Right -of -Way line of Colorado State Highway No. 14, also being the Southeast Corner of Tract "A" Block One of Ault West P.U.D.; thence along said North Right -of -Way line North 89' 03' 32" West, a distance of 216.-89 feet, also being the South line of Tract "A" to the True Point of Beginning; thence continuing along said South line North 89° 03' 32" West, a distance of 199.35 feet; thence along a curve to the right having a radius of 30.00 feet, a central angle of 87' 22' l6" an arc di -stance of 45.75 feet, the long chord of which bears North 45° 22' 24" West, a distance of 41.44 feet, to the East Right -of -Way line of Birch Avenue; thence along said line North 01° 41' 16" West, also being the West line -of Tract "A" a distance of 95.39 feet; thence leaving the East Right -of -Way line, North 88' 18' 44" East, a distance of 229.69 feet; thence South 00` 52' 00" East, a distance of 134.52 feet, to the True Point of Beginning. Said Tract of land contains 0.675 acres, more or less, and is subject to any Rights -of -Way or other easements as granted or reserved by instruments of record or as now existing on said tract of land. Legal Description Prepared by: Grant M. Waldo KLH Engineering, Inc. 822 7th Street, Suite 5 Greeley, Colorado 80631 May 2, 1995 2438395 B-1492 P-190 05/15/95 04:43P PG 3 OF 3 EXHIBIT "B" III AR2438396 AGREEMENT FOR DONATION OF REAL ESTATE THIS AGREEMENTis made and entered into this Wit day of May, 1995 by and between SCX, Limited Liability Company, whose address is 905 10th Avenue, Greeley, Colorado 80631, hereinafter referred to as "SCX"; Highland Day Care Center, Inc., whose address is 215 South First Avenue, Ault, Colorado 80610, hereinafter referred to as "HDCC"; and the Greeley -Weld Economic Development Action Partnership, as administrator of the Greeley Weld Enterprise Zone, whose address is 822 Seventh Street, Greeley, Colorado 80631, hereinafter referred to as "EDAP." WITNESSETH: WHEREAS, HDCC operates a day care center in Ault, Colorado, and WHEREAS, EDAP administers the Greeley/Weld Enterprise Zone and the Highland Day Care Center Fundraising project is an approved enterprise zone contribution project as described in the attached Exhibit "C", and WHEREAS, approved in -kind contributions made to an enterprise zone contribution project are eligible for a state income tax credit equal to 25 per cent of the value of the contribution, and WHEREAS, SCX owns property known as Tract A, Block 1, Ault West, a P.U.D. of a portion of the Southeast Quarter of Section 11, Township 7 North, Range 66 West of the 6th P.M., Town of Ault, Colorado, according to the plat recorded at Book 865, Reception Number 1786675 in the Office of the Weld County Clerk and Recorder, hereinafter referred to as "Tract A," and WHEREAS, SCX has no current need for the east half of Tract A and desires to donate portions of the same to EDAP for the benefit of HDCC, and WHEREAS, SCX desires to donate the north half of the east half to EDAP for the benefit of HDCC on August 5, 1995, with said property being described in the attached Exhibit "A" and being referred to hereinafter as "Parcel 3", and WHEREAS, SCX desires to donate the north half of the east half to EDAP for the benefit of HDCC on January 5, 1996, with said property being described in the attached Exhibit "B" and being referred to hereinafter as "Parcel 4",and WHEREAS, Weld County government has established the value of Parcel 3 to be $30,000 and the value of Parcel 4 to be $30,000, and WHEREAS, SCX desires for said donations to provide tax credits for SCX to the extent of 25% of the value of said donations, and Page 1 of 5 Pages 2438396 B-1492 P-191 05/15/95 04:43P PG 1 OF 12 REC DOC Weld County CO Clerk & Recorder 0.00 WHEREAS, to accomplish said tax credits, the donations must first be made to EDAP as EZ administrator, with EDAP then transferring ownership of the Parcels to HDCC after the donations are made on August 5, 1995 and January 5, 1996, respectively, and WHEREAS, the parties hereto desire to enter into -this Agreement for the purpose of defining the agreement and understanding of the parties with respect to the donation of the properties -to EDAP for the benefit of HDCC. NOW, THEREFQRE, in consideration of the mutual promises and Covenants contained herein, the parties hereto agree as follows: 1. DONATION OF PROPERTY TO EDAP FOR THE BENEFIT OF HDCC: SCX agree to donate Parcel 3 and Parcel 4 to EDAP for the benefit of HDCC. Parcel 3 shall be donated to EDAP for the benefit of HDCC on August 5, 1995. Parcel 4 shall be donated to EDAP for the benefit of HDCC on January 5, 1996. Both donations shall take -place by SCX conveying the tracts by special warranty deed to EDAP and then EDAP transferring the tracts by special warranty deed to HDCC. EDAP represents that said donations by way of property transfers from SCX to EDAP and then to HDCC shall entitle SCX to tax credits in the amount 25% of $30,000 for Parcel 3 and 25% of $30,000_for Parcel 4. The tax credits shall be issued in accordance with the terms and conditions of the letter from EDAP to Don Warden, dated April 24, 1-995, a copy of which is attached hereto as Exhibit "C". 2. NO WAIVER OF IMMUNITY: No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties, their officers, or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care that did not previously exist with respect -to any person not a party to this Agreement. 3. ENTIRE AGREEMENT/MODIFICATION: This Agreement contains the entire agreement between the parties hereto and supersedes any other agreements concerning the subject matter of this transaction, whether oral or written. No modification, amendment, novation, renewal, or other alteration of or to this Agreement shall be deemed valid or of any force or effect whatsoever unless mutually agreed upon in writing by the undersigned parties. Page 2 of 5 Pages 2438396 B-1492 P-191 05/15/95 C4:43P PG 2 OF 12 4. PAYMENT OF TAXES: Each of the Parcels shall be conveyed free and clear of all taxes, liens and encumbrances (except applicable building and zoning regulations) and any special improvements, except the general property taxes for the year 1995, which shall be apportioned to the date of the conveyance. Possession of the Parcels shall be delivered to the grantees upon the date of the conveyances, and said Parcels shall not be subject to any leases or tenancies. 7. MISCELLANEOUS: a. All of the promises and covenants stated herein shall be in full force and effect, notwithstanding the conveyances of the Parcels outlined above. b. SCX represent and warrant that as of the day hereof and as of the date of the conveyances, neither the execution of this Agreement nor the consummation of this transaction constitutes, or will result in, any breach of any of the terms, conditions, or provisions, or constitute a default under any indenture, charter, bylaw, mortgage, loan agreement, lien, lease, license, judgement, decree, order, instrument, or other verbal or written agreement to which the SCX are a party of or which the tracts to be:onveyed are subject to, except as may be provided herein. c. SCX shall arrange for Weld County, Colorado, to obtain and pay for title insurance covering Parcels 3 and 4 which shall show good and sufficient title vested in HDCC after the conveyances detailed herein. d. Replat of Tract "A": Tract A shall be replatted such that it is divided into four parts. The first part shall be designated "Parcel 1" and shall comprise approximately three -fifths of the area of the west half of Tract A. Parcel 1 shall be used by HDCC for its new facility. The second part shall be the remainder of the west half of Tract A, comprising approximately two -fifths of said west half, and shall be designated as "Parcel 2." The east half of said Tract A shall be divided equally, with the north half of said east half being designated as "Parcel 3." The south half of said east half shall be designated "Parcel 4." Said replat shall be performed by a surveyor or engineer on behalf of SCX and HDCC, whose services shall be paid for by HDCC by and through a separate agreement with Weld County, Colorado. Page 3 of 5 Pages 2438396 B-1492 P-191 05/15/95 04:43P PG 3 OF 12 111 DATED this day of May, 1995. SCX, Limited Liability Company /?i Roger L. hultz, Manager and ber SUBSCRIBED AND SWORN to before me this W%1 day of /14 ,19%T WITNESS my hand and official seal. / Notary Public My commission expires: WO SCX, Li ited Liability Company Steven H. Caldwell, Member SUBSCRIBED AND SWORN to before me this ICA day of //4e/ ,1995 WITNESS my hand and official seal. otary Public My commission expires: 3/94f Page 4 of 5 Pages ^.306 P-492 P-191 05/15/95 04:43P PG 4 OF 12 II. • -- HIGHLAND DAY CARE CENTER, INC. BY: nba _ Shelly Mil} r, Secretary SUBSCRIBED AND SWORN to before me this y % ,�i,, — da of %( 19 9.37 WITNESS my h. e ficial seal. /i —�..(�.-rCti_' `A �� {'-L.-1il.u'..-rte ,. My My Comm Expires Oct. 7, 1996 Notary Public EDAP BY: /lag, William Argo, Prersddent SUBSCRIBED AND SWORN to before me this Y- day of �/ .a , , 19 "{ . WITNESS my hand and official seal. My Comm. Expires Oct. 7, 1998 l k it sLL , A Notary Public Page 5 of 5 Pages 243° B-1492 P-191 05/15/95 04:43P PG 5 OF 12 ).1) 9l. ' Parcel 3 LEGAL DESCRIPTION A part of Tract "A" Block One of Ault West subdivision a P.U.D. portion of the Southeast Quarter (SE1\4) of Section 11, Township 7 North, Range 66 West of the 6th P.M., Town of Ault, County of Weld, State of Colorado and being more particularly described as follows: Commencing at the Southeast Corner of said Section 11 and considering the South line of Southeast Quarter to bear North 89' 14' 40" West to the South Quarter (S1\4) Corner of said Section 11, with all other bearings contained herein relative thereto; thence North 89` 14' 40" West, along said South line a distance of 601.40 feet (previously recorded as N 88' 58' 26" West, 600.96 feet); thence North 02' 00' 00" West, a distance of 35.42 feet, (previously recorded as 43.06 feet) to a point on the North Right -of -Way line of Colorado State Highway No. 14, also being the Southeast Corner of Tract "A" Block One of Ault West P.U.D. thence North 02' 00' 00" West, along the East line of said Tract "A" a distance of 178.89 feet to the True Point of Beginning; thence leaving said East line South 88' 00' 00" West, a distance of 213.28 feet; thence North 00` 52' 00" West, a distance of 182.74 feet, to a point on the North line of Tract "A"; thence North 89 03' 57" East, a distance of 209.70 feet, (previously recorded as North 89' 08' 00" East) along the North line of Tract "A", to the Northeast Corner of Tract "A", also being a point on the East Line of Ault West P.U.D.; thence along said East line South 02` 00' 00" East, along the East line of Tract "A" a distance of 178.80 feet, to the True Point of Beginning. Said Tract of land contains 0.878 acres, more or less, and is subject to any Rights -of -Way or other easements as granted or reserved by instruments of record or as now existing on said tract of land. Legal Description Prepared by: S4Cv,21 / ..7,�"CI G" Grant M. Waldo KLH Engineering, Inc. 822 7th Street, Suite 5 Greeley, Colorado 80631 May 2, 1995 2438396 B-1492 P-191 05/15/95 04:43P PG 6 OF 12 EXHIBIT "A" Parcel 4 LEGAL DESCRIPTION A part of Tract "A" Block One of Ault West subdivision a P.U.D. portion of the Southeast Quarter (SE1\4) of Section 11, Township 7 North, Range 66 West of the 6th P.M., Town of Ault, County of Weld, State of Colorado and being more particularly -described as follows: Commencing at the Southeast Corner of said Section 11 and considering the South line of Southeast Quarter to bear North 89° 14' 40" West to the South Quarter (S1\4) Corner of said Section 11, with all other bearings contained herein relative thereto; thence North 89° 14' 40" West, along said South line a distance of 601.40 feet (previously recorded as N 88° 58' 26" West, 600.96 feet); thence North 02° 00' 00" West, a distance of 35.42 feet, (previously recorded as 43.06 feet) to a point on the North Right -of -Way line of Colorado State Highway No. 14, also being the Southeast Corner of Tract "A" Block One of Ault West P.U.D. and the True Point of Beginning; thence North 89° 03' 32" West, along said North Right -of -Way line, also being the South line of Tract "A" a distance of 216.89 feet; thence leaving said line North 00° 52' 00" West, a distance of 167.79 feet; thence North 88° 00' 00" East, a distance of 213.28 feet, to a point on the East line of Tract "A", also being a point on the East Line of Ault West P.U.D.; thence along said East line, South 02° 00' 00" East, a distance of 178.89 feet, to the True Point of Beginning. Said Tract of land contains 0.856 acres, more or less, and is subject to any Rights -of -Way or other easements as granted or reserved by instruments of record or as now existing on said tract of land. Legal Description Prepared by: Grant M. Waldo KLH Engineering, Inc. 822 7th Street, Suite 5 Greeley, Colorado 80631 May 2, 1995 2438396 B-1492 P-191 05/15/95 04:43P PG 7 OF 12 EXHIBIT "B" MAY -03-1995 13223 EDAP P.02 April 24, 1995 Mr. Don Warden Finance Director Weld County 915 10th Street Greeley, CO 80632 Regarding: Highland Day Care Center Dear Don, Please let this letter serve as official notification that the Highland Day Care Center Fundraising project was approved by the Greeley/Weld Economic Development Action Partnership (EDAP) Board of Directors, as a Greeley/Weld Urban Enterprise Zone Approved Contribution Project on April 19, 1995. This approval is subject to acceptance of minimal administrative guidelines as directed by the EDAP Board and outlined later is this letter. As part of the county -wide economic development plan, any taxpayer who makes a monetary or approved in -kind contribution to the enterprise zone for the purpose of funding the construction of the new Highland Day Care Center and specific child care related services of Highland Day Care Center may claim a state income tax credit. A general project description follows: The Highland Day Care Center project is a private -sector fundraising campaign in support of the construction of a new child care faclity and related operations of the Highland Day Care Center (HDCC) located in Ault. HDCC is a 501 (e) (3) non-profit, state licensed day rare center providing fee for service and subsidized day care to people living in the rural and small towns of northern Weld County. They have been operating out of the Ault middle school, but due to overcrowding, must vacate in 1995. Weld County Government is sponsoring this project and have received a $250,000 CDBG grant to assist in building a new facility, which is estimated to cost $500,000. 2438396 B-1492 P-191 05/15/95 04:43P PG 8 OF 12 MAY 3 '95 13:18 PAGE.002 EXHIBIT "C" MAY -03-1995 13:23 EDAP P.03 Mr. Don Warden April 24, 1995 Page 2 The EDAP Boardof Directors approved the HDCCproject because the following state and local requirements were met: 1. State Eligible Purpose: The HDCC project meets the Child Care purpose identified by the Colorado Department of Revenue, which states that contributions given for the pp of promoting child care within an enterprise zone qualify for t2iee crredit. Contributions may be for a variety of child care related purposes, including the establishment of a child care facility in the enterprise zone. 2. g,Z Location: The new HDCC facility will be located on Birch Street between First Street (State Highway 14) and Second Street in Ault, which is in the Ault portion of the EZ 3. Local Funding Partner: Weld County is a key funding partner to EDAP, meeting EDAP funding criteria. 4. rtant_Economic Development Element: Labor availability has become a critical factor in the ongoing viability/growth of Weld employers. It's also a huge factor in the counties ability to attract new high -quality employers. If we can't show existing and prospective new employers that a growing, productive, cost-effective labor force exists, we won't be the location of choke. A key element directly affecting labor availability and quality is adequate, cost-effective child care. When a persons child care needs are met, a happy, more stable, productive employee is the result. Employee tardiness, absenteeism, and work disruptions are reduced and individuals are encourage to enter the labor force. 5. Direct Service Provision The Colorado Department of Revenue does require that approved projects be carried out by the zone administrator, or a sub -grantee such as a local governmental entity, or an approved not -for-profit organization. HDCC, a 501 (c) (3) non-profit, statelicensed day care operator, is responsible for the development of the new day care facility and on -going operations. As already mentioned, administrative guidelines conditional with this project are outlined below: A. All cash and approved in -kind contributions must be made directly to the Greeley/Weld Urban Enterprise Zone in order for the contributor to be eligible to receive a state income tax credit (see below and attached summary sheet explaining the tax credit in more detail and procedures that need to be followed). 2438396 B-1492 P-191 05/15/95 04:43P PG 9 OF 12 MAY 3 '95 13:19 PAGE.003 MAY -03-1995 13:24 EDRP P.04 Mr. Don Warden April 24, 1995 Page 3 B. Minimum contribution value accepted is $100.00. C. In -kind contributions are accepted on a case -by -case basis. The proposed in -kind contribution to HDCC of 1.75 acresof land was approved by the EDAP Board of Directors on April 19, 1995. This approval is contingent upon Weld County providing a letter documenting the value of the land being contributed, the method used in establishing the value of the land, and qualifications in _doing so. Minimal dosing costs due when the title is transfered to us -and theniransfered to HDCC will be the responsibility of Weld County and/or HDCC. We will hold title on the propertyas Greeley/Weld Economic Develpment Action Partnership. D. A 5% administrative fee (up to $3,000per calendar -year) will be deducted each month from the received contributions prior to disbursing funds to HDCC. Disbursements will _occur once per month. In the case of approved in -kind contributions, the adminstrative fee will be applied to the value of the contribution and is due from -the HDCC and/or Weld County. E. In order to fulfill -state requirements, we must receive atria report explaining the results achieved. For multi -year projects, reports are due April first of each year. This documentation is important and required. If not received the project could lose its approved status anri would no longer be eligible for- state tax credits. Please don't hesitate giving me call if there is anything you want to further discuss, and thank you for your patience in working through the process. Good luck with the Center! Warm Regards, Cathy L. Schulte Sr. Vice President & EZ Administrator Enclosures 2438396 B-1492 P-191 05/15/95 04:43P PG 10 OF 12 MAY 3 '95 13:19 PAGE.004 MAY -03-1995 13:24 EDAP P.05 STATE INCOME TAX CREDIT FOR PRIVATE CONTRIBUTIONS TO APPROVED PROJECTS of the GREELEY/WELD URBAN ENTERPRISE ZONE Contribution Procedures Any_taxpayer who makes a monetary contribution to the Greeley/Weld Urban Enterprise Zone in financial support of the $ighland Pay Care renter gundraisingProject may claim a _credit against their state income tax liability. The Lighland Day ['pre renter is en approved element of theeconomic development plan'of the Greeley/Weld Urban Enterprise Zone end the project has met all state/local guidelines. Greeley/Weld Economic Development Action Partnership (EDAP)is the administrator of the Greeley/WeldUJrban Enterprise Zone. rash rontributions: The state income tax -credit is 50% of the value of the cash contributiowup to-a:rtaximum credit of $100,000 per project per year. Approved in --Gird contributions: Contributions are approved on a case -by - case basis. The -state income tax credit is 25% of the documentated value of the approved in -kind contribution, up to a maximum credit of $100,000 per project per year. For any given year, theamount of the credit is limited to the taxpayer's state income tax liability. Any excess credit mayte carried forward for a period of up to five years. Contribution Procedures -0 • no 1. Contributors -must make their contribution directly to the Greeley/Weld Urban Enterprise Zone, P.O. Box 5, Greeley, CO 80632. 2. In order for EDAP to credit your contribution to the approriate account, please indicate on your check that the contribution isfor the benefit of Highland Day Care Centers 3. To verify acontribution, the contributor willxeceive state taxform-1i DR 75 (1289 - see enclosed sample). The contributor must complete the taxpayer section oft form and attach it to their Colorado income tax return. 4. Once per month, EDAP will forward collected contributions to the Highland Day Care Center for project implementation. 5. We encourage contributors to contact theirpersonal tax advisor regarding the possibility of also earning a federal business deduction or charitable contribution credit Please note that the Greeley/Weld Economic Development Action Partnership (EDAP) is the administrator of the Greeley/Weld Urbantuterprise-Zone. EDAP is a 501 (c) (6) corporation, and is collecting contributions for the benefit and exclusive use of the Highland Day Care Center, 3501 (c) (3) non-profit charitable organization. 2438396 B-1-492 P-191 05/15/95 94:43P PG 11 OF 12 MAY 3 '95 13:20 PA-GE.005 MAY -03-1995 13:25 EDAP TAXPAYER SWIM WASSON co oar OP SWIMS 1373 emrMAN IT nevr:N can Certification of Qualified Enterprise Zone Contribution P.06 This In millet Ma ali6q ofyour etwprteS caw admYiainOor conteuion To deka the lit mxin Zane aodMWMEr aonttwon met - Complete the section despised as you to oos lets _Submit Its tam to the enlsrpSs zone adlnlIstatr to whom you contributed. Embus a astaddrenad aternped mwelnp. • Attach a copy of Mr CERTIFIED term b your Colorado {nonmetal' form. WNER, OR AUTHORIZED COMRANY OFFICIAL axpnae Zone — See Revers GREELEYIWELD ENTERPRISE ZONE Te payeriCanpery Name Terphane Number ( 1 Address (Set oily, 29) \ 1 J / For tax ysv+lai g , , 1g _ 7 Cash coneibutan to yoe MW%5 daNlmele by taxpayer epNNod tows during In pooled tedralsd � . : 2. Daaaipton of and yaN•eabi f. YF oncIOW indicated Mach additions Siesta N mammy. ITEM 1 Saw siniWebl byJmpaywkcrnpwy apaoired chow during tat ported ui VALUE rTIY p) (f ) Totals/sue of kHdnd contributors. $ S. Lae to each contribution has-bsen/will be put B. specific Child Care facility development. Contributions will_SoeciBca tv fund the -cost of canstructtrar a new MOM, to house Highland Daycare -Center. HighlandDay Care-G�enterre_HDIs a 5O1(0)(3) non-prott, state licensed da -care to PCeC)) center iving into rural andamall towns of northern lGreeleylw Wet -Dowdy. ourity. Tovidinghe rev aclfity is -located to theauliportIon ofihee ldDtban Enterprise Zoneend is an approved element tit le ureerewWeldlrnan Enterpnee oneaeveropment pianoecauee_ot meimpactliunty. CERTIFICATION BY ZONE ADMINISTRATOR 1, the -duly aufhorizedadmWafnhu o/the-dssipnatedEntwprisa.Zone. hereby cwtify to the Colaradolapartme t ornawnusihe reda(ut of and the value and used the cadrOudaw herehrdesighated kgnatursaf Zone Administrator Data FOR -MORE INFORMATION-ABOl1TEN ERPRISE ZONES CONTACT THE AGENCIES LISTED BELOW: Colorado Deportment of Revenue, Impoye SeMO N Division, 1375 Shaman stets. Roan 204. Delve. CO 30281,-PhOnk 909'3941208 or 1400432-20U (blktee CM Colorado). Colorado Deperb0 at of local -Affairs, 1313 Sheman Street Room -510, Derner. CO ted03, Phone: 303-4662205 Alan, see Deprtnet cf Rm enaa Tyr Publican for bbrmadon an-deBMdons of bona. For nevuetane on calculating 3m Colorado ERSrpiaa Zone Tax CreIe,3ea term 112CR. MAY 3 '95 13:21 2438396 B-1492 P-191 05/15/95 04:43P PG 12 OF 12 TOTAL P.06 PAGE .006 -TAX PRORATION AGREEMENT It is hereby understood and -agreed between the Buyer(s) and Seller(s) of property known as: West 1/2 of Tract "A". Block 1. Ault West. A subdivision of theTown of Ault, that the taxes for the current yearbavebeen adjusted_as of this date on a basis of: ❑ The most recent assessmentand mill levy. Assessment for Land Improvements Mill Levy 1995. The figures -above were obtained by telephone from the County Assessor's Office. We hereby release RIDER & WOULF, -P.C. and its agents from any and $ll liability in the event the County Assessor misquoted the assessments and/or mill levy figures. Any further adjustments shall be made solely between the Buyer(s)-and Sellers(s). ❑ Estimate for taxes at $ ® Actual taxes for 1994 and shall be: one --ha halt c t?9 o ih/9-7 77, dotard Winc /y e n 5 //er ifr 13v70-ccs ireni Hey) /qqr7e7nr s E A final settlement. ❑ Re -adjusted between theBuyer(s) and Seller(s) as soon as the taxes have been assessed by the County Treasurer. Any further adjustments shall be made solely between Buyer(s) and Sellers(s). It is further understood and agreed -between the-Buyer(s) and Sellers(s) that: ❑ All special improvements and assessments by an governmental taxing authority for improvements now in, are paid in fullers of , which is the date of the Buyer(s) execution of the Agreement for Purchase. ❑ Special improvements now in and being paid in annual installments are to be assumed by the -Buyer(s). The information above was obtainedby telephone from the CountyTreasurer's Office. We hereby release RIDER & WOULF, P.C. and its agents from any anthill liability in the event that the County Treasurer misquoted the special assessments. Any further adjustments shall be made solely between the Buyer(s) and Seller(s). HIGHLAND DAY CARE CENTER, INC. land I t e(_re4.ti rV SCX, LIMITED LIABILITY COMPANY This agreement made and executed this 4(th day of May, 1995. Sellers' Forwarding Address: 905 10th Avenue Greeley, Colorado 80631 ‘C7/UL 2438397 B-1492 P-192 05/15/95 04:44P PG 1 OF 1 REC DOC Weld County CO Clerk & Recorder 0.00 AR243l543 2437543 B-1491 P-289 05/09/95 03:24P PG 1 OF 1 Weld County CO Clerk &"Recorder REC D0C 5.00 REQUEST FOR RELEASE OF DEED OF TRUST AND RELEASE May 3. 1995 Roger L. Schulz and Steven H. Caldwell Bank One, Colorado, N.A. fka Bank One. Greeley. N A. July 10. 1-994 August 4. 1994 Weld 2401030 Reception No. 1453 Book No. Film No. 1707 TO THE PUBLIC TRUSTEE OF Page No. Date Grantor (Borrower) Original Beneficiary (Lender) Date of Deed of Trust Recording Date of Deed of Trust County of -Recording Reception and/or Film Nos. of Recorded Deed of Trust Book and Page of Deed of Trust Weld County (The-Publicjrustee to which the above Deed of Trust conveys the said property.) Please execute this release, as the indebtedness secured by theDeed of Trust has been fully erly paid the purpose of the Deed of Trust has-been fully satisfied. *Cr 47— �� lance Sam L. Leeper, Executive Vice President Current Owner and Holder of the indebtedness Secured by Deed of host (Lender) - 7 Bank Onet,E0'4rado;;N:A. fka Bank One, Greeley, N.A. )J.',..esd Title ofnt or Officer of Current Owner and Holder State of Colorado, County of Signature The foregoing request for release was�T cknowledged before me on / 445' (date) by )1 Jy/A,SvLZil ,i11 i r rIFA MlcWI I% I'`' '' 7-7',1 Date Commission Expires RELEASE OF DEED OF TRUST ,5. Signature • <2 , K Witness My Hand $neQ `eal otary Public WHEREAS, the above referenced Grantor(s),-by Deed of Trust, conveyed certain real property described in said Deed of Trust to the Public Trustee of the County referenced above, in theState of Colorado, to be held in trust to secure the payment of the indebtedness referred to therein; and WHEREAS, the indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose of the Deed of Trust has been fully satisifed as set forth in the written request of the current owner and holder of the said indebtedness. NOW THEREFORE, in consideration of the premises and the payment of the statutory sum, receipt of which is hereby acknowl- edged, I, as the Public Trustee in the County first referenced above, do hereby remise, release and quitclaim unto the present owner or owners of said real property,and unto the heirs, successors and assigns of such owner or owners forever,all the right, title and interest which I have under and by virtue of the aforesaid Deed of Trust in the real estate described therein, to have and to hold the same, with all the privileges and appurtenances thereunto belonging forever;and further I do hereby fully and absolutely release, cancel and forever discharge saidDeed of Trust. h AY U 8 1995 State of Colorado, County of War Thcgojpg tgst g It was acknowledged before me on RR1I uU UU 77 (date) by DONNAL: SCHMIDT as the County, Colorado. APRIL 4, 1999 Date Commission Expires 91 applicable, insert title of agent or officer and name of current owner and holder. Public Trustee of KEVIN J. STARKS Public Trustee by /( ect/L.1L.{`. Deputy Public Trustee Witness My Ha i )- and Seal. i% \\y Notary Public Original Note and Deed of Trust Returned to: Received by No. 904. Rev. 6-92. (REQUEST FOR) (RELEASE) OF DEED OF TRUST (11 WHEN RECORDED RETURN TO: Bradford Publishing, 1743 Wazee St., Denver, CO 80202 - (303) 292-2500 - 6-93 STATEMENT OF SETTLEMENT SELLER'S ® PURCHASER'S ❑ PROPERTY ADDRESS: SELLER: A. Bruce Johnson & Associates, Ltd. SETTLEMENT DATE: 5/%9S — PURCHASER: Highland Day Care Center, Inc. DATE OF PRORATION: LEGAL DESCRIPTION: The real property describe in the attached Exhibits "A" and "B". Debit Credit 60,000 L Selling Price 2. Deposit, paid to 3. Trust Deed, payable to 4. Trust Dee, payable to 5. Trust Deed, payoff to 6. Interest on Loan Assumed 7. Title Ins.. Premium 8. Abstracting: Before Sale 9. After Sale 10. Title Exam. by: 11. Recording: Warranty Deed 12. Trust Deed 13. Release 14. Other 15. Documentary Fee 16. Certificate of Taxes Due 17. Taxes for Preceding Year(s) 18. Taxes for Current Year 19. Tax Reserve 20. Special Taxes 21. Personal Property Taxes 22. Hazard Ins. Prem. Assumed -- Policy No. $ Yr. Term Expires Premium $ Days Unused at 23. Premium for New Insurance 24. Hazard Ins. Reserve 25. FHA Mortgage Ins. Assumed 26. FHA Mortgage Ins. Reserve 27. Loan Service Fee (Buyer) 28. Loan Discount Fee (Seller) 29. Interest on New Loan 30. Survey and/or Credit Report 31. Appraisal Fee 32. Water and/or Sewer 33. Rents 34. Security Deposits 35. Loan Transfer Fee 36. Loan Payment Due 37. Broker's Fee Sub -totals Balance due from Buyer TOTALS Co. 0 per day The above figures do not include sales or use taxes on personal property. APPROVED and ACCEPTED Seller A. Bruce Johnson & Associates. Ltd. Seller yJLt--"/ �r 60,000 60,000 60,000 60,000 Parcel 1 LEGAL DESCRIPTION A part of Tract "A" Block One of Ault West subdivision a P.U.D. portion of the Southeast Quarter (SE1\4) of Section 11, Township 7 North, Range 66 West of the 6th P.M., Town of Ault, County of Weld, State of Colorado and being more particularly described as follows: Commencing at the Southeast Corner of said Section 11 and considering the South line of Southeast Quarter to bear North 89 14' 40" West to the South Quarter (S1\4) Corner of said Section 11, with all other bearings contained herein relative thereto; thence North 89° 14' 40" West, along said South line a distance of 601.40 feet (previously recorded as N 88° 58' 26" West, 600.96 feet); thence North 02° 00' 00" West, a distance of 35.42 feet, (previously recorded as 43.06 feet) to a.point on the North Right -of -Way line of Colorado State Highway No. 14, also being the Southeast Corner of Tract "A" Block One of Ault West P.U.D. thence North 89' 03' 32" West, along said North Right -of -Way line, also being the South line of Tract "A" a distance of 216.89 feet; thence leaving said Right -of -Way line North 00' 52' 00" West, a distance of 134.52 feet, to the True Point of Beginning; thence South 88' 18' 44" West, a distance of 229.69 feet, to a point on the East Right -of -Way line of Birch Avenue; thence along said line North 01° 41' 16" West, also being the West line of Tract "A" a distance of 219.05 feet, to the Northwest corner of said Tract "A"; thence leaving the East Right -of -Way line, North 89° 03' 57" East, a distance of 232.81 feet, (previously recorded as North 89' 08' 00" East) along the North line of Tract "A"; thence leaving said North line, South 00' 52' 00" East, a distance of 216.01 to the True Point of Beginning. Said Tract of land contains 1.155 acres, more or less, and is subject to any Rights -of -Way or other easements as granted or reserved by instruments of record or as now existing on said tract of land. Legal Description Prepared by: litarny- Grant M. Waldo KLH Engineering, Inc. 822 7th Street, Suite 5 Greeley, Colorado 80631 May 2, 1995 EXHIBIT "A" Parcel 2 LEGAL DESCRIPTION A part of Tract "A" Block One of Ault West subdivision a P.U.D. portion of the Southeast Quarter (SE1\4) of Section 11, Township 7 North, Range 66 West of the 6th P.M., Town of Ault, County of Weld, State of Colorado and being more particularly described as follows: Commencing at the Southeast Corner of said Section 11 and considering the South line of Southeast Quarter to bear North 89° 14' 40" West to the South Quarter (S1\4) Corner of said Section 11, with all other bearings contained herein relative thereto; thence North 89° 14' 40" West, along said South line a distance of 601.40 feet (previously recorded as N 88° 58' 26" West, 600.96 feet); thence North 02° 00' 00" West, a distance of 35.42 feet, (previously recorded as 43.06 feet) to a point on the North Right -of -Way line of Colorado State Highway No. 14, also being the Southeast Corner of Tract "A" Block One of Ault West P.U.D.; thence along said North Right -of -Way line North 89° 03' 32" West, a distance of 216.89 feet, also being the South line of Tract "A" to the True Point of Beginning; thence continuing along said South line North 89° 03' 32" West, a distance of 199.35 feet; thence along a curve to the right having a radius of 30.00 feet, a central angle of 87 ° 22' 16" an arc distance of 45.75 feet, the long chord of which bears North 45° 22' 24" West, a distance of 41.44 feet, to the East Right -of -Way line of Birch Avenue; thence along said line North 01° 41' 16" West, also being the West line of Tract "A" a distance of 95.39 feet; thence leaving the East Right -of -Way line, North 88° 18' 44" East, a distance of 229.69 feet; thence South 00° 52' 00" East, a distance of 134.52 feet, to the True Point of Beginning. Said Tract of land contains 0.675 acres, more or less, and is subject to any Rights -of -Way or other easements as granted or reserved by instruments of record or as now existing on said tract of land. Legal Description Prepared by: Grant M. Waldo KLH Engineering, Inc. 822 7th Street, Suite 5 Greeley, Colorado 8-0631 May 2, 1995 EXHIBIT "B" STATEMENT OF SETTLEMENT SELLER'S PURCHASER'S PROPERTY ADDRESS: SELLER: A. Bruce Johnson & Associates, Ltd. PURCHASER: Highland Day Care Center, Inc. SETTLEMENT DATE: DATE OF PRORATION: LEGAL DESCRIPTION: The real property describe in the attached Exhibits "A" and "B". 1. Selling Price 2. Deposit, paid to 3. Trust Deed, payable to 4. Trust Dee, payable to 5. Trust Deed, payoff to 6. Interest on Loan Assumed 7. Title Ins. Premium 8. Abstracting: Before Sale 9. After Sale 10. Title Exam. by: 11. Recording: Warranty Deed 12. Trust Deed 13. Release 14. Other 15. Documentary Fee 16. Certificate of Taxes Due 17. Taxes for Preceding Year(s) 18. Taxes for Current Year 19. Tax Reserve 20. Special Taxes 21. Personal Property Taxes 22. Hazard Ins. Prem. Assumed -- Policy No. $ Yr. Term Expires Premium $ Days Unused at 23. Premium for New Insurance 24. Hazard Ins. Reserve 25. FHA Mortgage Ins. Assumed 26. FHA Mortgage Ins. Reserve 27. Loan Service Fee (Buyer) 28. Loan Discount Fee (Seller) 29. Interest on New Loan 30. Survey and/or Credit Report 31. Appraisal Fee 32. Water and/or Sewer 33. Rents 34. Security Deposits 35. Loan Transfer Fee 36. Loan Payment Due 37. Broker's Fee Sub -totals Balance due to Seller TOTALS Co. 0 per day The above figures do not include sales or use taxes on personal property. APPROVED and ACCEPTED Purchaser Highland Day Care Center, Inc. Purchaser k. t `t, 1 ..Seeferiw y Debit Credit 60,000 60,000 60,000 60,000 60,000 Parcel 1 LEGAL DESCRIPTION A part of Tract "A" Block One of Ault West subdivision a P.U.D. portion of the Southeast Quarter (SE1\4) of Section 11, Township 7 North, Range 66 West of the 6th P.M., Town of Ault, County of Weld, State of Colorado and being more particularly described as follows: Commencing at the Southeast Corner of said Section 11 and considering the South line of Southeast Quarter to bear North 89° 14' 40" West to the South Quarter (S1\4) Corner of said Section 11, with all other bearings contained herein relative thereto; thence North 89° 14' 40" West, along said South line a distance of 601.40 feet (previously recorded as N 88° 58' 26" West, 600.96 feet); thence North 02' 00' 00" West, a distance of 35.42 feet, (previously recorded as 43.06 feet) to a.point on the North Right -of -Way line of Colorado State Highway No. 14, also being the Southeast Corner of Tract "A" Block One of Ault West P.U.D. thence North 89' 03' 32" West, along said North Right -of -Way line, also being the South line of Tract "A" a distance of 216.89 feet; thence leaving said Right -of -Way line North 00° 52' 00" West, a distance of 134.52 feet, to the True Point of Beginning; thence South 88° 18' 44" West, a distance of 229.69 feet, to a point on the East Right -of -Way line of Birch Avenue; thence along said line North 01° 41' 16" West, also being the West line of Tract "A" a distance of 219.05 feet, to the Northwest corner of said Tract "A"; thence leaving the East Right -of -Way line, North 89° 03' 57" East, a distance of 232.81 feet, (previously recorded as North 89' 08' 00" East) along the North line of Tract "A"; thence leaving said North line, South 00' 52' 00" East, a distance of 216.01 to the True Point of Beginning. Said Tract of land contains 1.155 acres, more or less, and is subject to any Rights -of -Way or other easements as granted or reserved by instruments of record or as now existing on said tract of land. Legal Description Prepared by: Grant M. Waldo KLH Engineering, Inc. 822 7th Street, Suite 5 Greeley, Colorado 80631 May 2, 1995 EXHIBIT "A" Parcel 2 LEGAL DESCRIPTION A part of Tract "A" Block One of Ault West subdivision a P.U.D. portion of the Southeast Quarter (SE1\4) of section 11, Township 7 North, Range 66 West of the 6th P.M., Town of Ault, County of Weld, State of Colorado and being more particularly described as follows: Commencing at the Southeast Corner of said Section 11 and considering the South line of Southeast Quarter to bear North 89 14' 40" West to the South Quarter (S1\4) Corner of said Section 11, with all other bearings contained herein relative thereto; thence North 89` 14' 40" West, along said South line a distance of 601.40 feet (previously recorded as N 88° 58' 26" West, 600.96 feet); thence North 02° 00' 00" West, a distance of 35.42 feet, (previously recorded as 43.06 feet) to a point on the North Right -of -Way line of Colorado State Highway No. 14, also being the Southeast Corner of Tract "A" Block One of Ault West P.U.D.; thence along said North Right -of -Way line North 89° 03' 32" West, a distance of 216.89 feet, also being the South line of Tract "A" to the True Point of aeginning; thence continuing along said South line North 89° 03' 32" West, a distance of 199.35 feet; thence along a curve to the right having a radius of 30.00 feet, a central angle of 87 22' 16" an arc distance of 45.75 feet, the long chord of which bears North 45° 22' 24" West, a distance of 41.44 feet, to the East Right -of -Way line of Birch Avenue; thence along said line North 01° 41' 16" West, also being the West line of Tract "A" a distance of 95.39 feet; thence leaving the East Right -of -Way line, North 88° 18' 44" East, a distance of 229.69 feet; thence South 00° 52' 00" East, a distance of 134.52 feet, to the True Point of Beginning. Said Tract of land contains 0.675 acres, more or less, and is subject to any Rights -of -Way or other easements as granted or reserved by instruments of record or as now existing on said tract of land. Legal Description Prepared by: Grant M. Waldo KLH Engineering, Inc. 822 7th Street, Suite 5 Greeley, Colorado 80631 May 2, 1995 EXHIBIT "B" All conveyance documents subject to the documentary fee submitted to the county clerk and recorder for recordation mud be accompanied by a real psu,..,.ty transfer declaration. Rpm completion, the declaration must be signed by the grantor (teller) or grantee (buyer). Refer to 39-14-102(1)(a), C.R.S. REAL PROPERTY TRANS} ER DECLARATION 1. Address or legal description of real property: West V2 of Tract "A' , Block 1, Ault West, A subdivision of the Town of Ault, County of Weld, State of Colorado. 2. Is this a transaction among related parties? Yes O No El 3. Total sale price: $ 60.000.00 4. What was the cash downpayment? $ None 5. Did total sale price include a trade or exchange? Yes O No IN 6. Did the buyer receive any personal property in the transaction? Yes O No If yes, the approximate value: $ 7. Were mineral rights included in the sale? Yes ❑ No IN 8. Were water rights included in the sale? Yes O No El 9. If applicable, you may include goodwill for a going business. Approximate value of _goodwill? $ N/A 10. Was less than 100% interest in the real property conveyed? Yes ❑ No 11. Date of closing: May 1995 Month Year 12. Was the loan new ❑ or assumed O? 13. What was the interest rate on the loan? N/A 14. What was the term of the loan? N/A 15. Were any points paid? Yes ❑ No ❑ If yes, how many? 16. Signed this day of May , 1995 ❑ Grantor El Grantee HI HLA P DAY ARE ENTER aGrantor ❑ Grantee A. BRUCE JOHNSON & ASSOCIATES, LTD. Secretary Hello