HomeMy WebLinkAbout962078.tiff @8/09/96 14:52 ENGBURNS 3033516424 • 7764704 N0.359 D02
SE T BY:292 OOSD __ _ 8- 9-96 3:37PM BASIN OPERATING 3703516424;# 2/ 2
�. c.•t.iu •aG.t 1 Y _••-- �.... •WV. '.,u w t
• P.8
I 0111 IJJ V I I
U4N3(t'K l i
'Ae IaeoMtanNac et Ibis flaw war Cnuelnd)
�ERIMIE011EflTY l lh r.saetadl wosaa..rlatd WOOwale by
tom aeMt lie■lain Calmte Wen.CAMS 1•a)
TIM PORN stl►aodrow� ladwL a3r1seOV/NCitANe ltO pwwtS4W e1VL0 CO1r0SJtT LEGAL warpTe.74OR elt 01SSl
CDa3Nalt eevoea laaaanna
ACflfltzterr TO AMEND/$X'ri ND
COPITILACT
—aysmatsMen)set let Comm men lulu 35 —�If .N �..�.
nr ales to Oa CerfV M _ aia! (4•660.stoles re lea qN aa0 rota of poloeL
Gpa� '0 01100104.
10915—A AT •w417114 l 1 03 bee •Obfo•
oaceno wbdlvivlen
beene.r No. .J2
Sow AdOaw e
c..y CaMaa r)
Darn and Midst hamarap need oeald worm a foWea lieu L9
aim b aid rrvl
I Ta6 dap fed eleµtt and ded..ry of Owed w Mokpo.o _ Ylaas
1 Tar Ian rot -,If �_•...
w� commonest aw TS.los wan Mary a.Mcrae et met
.Ir a ample Ma..............______..,-•
3 Ilse 0n.Mr dditeal WpaaNn,e of tropaeyia adenta0 b
a. 'r4 N.e roe •IV
a➢reoVa el err ban r aaNltrd to ....,__TAIL„....______,,,
Sle .�s�
S. I1te Ose let Isnd.r•e evaoa•to leer anntdalen a'Ora.or ewl9dnye t iJa "�•r..�
aaavPd O
4 Oewr e.tu wtivw.in I dcO*1a..t.sen,. /J! 'lr .........,•••-•N/a Madre n fvlaotra //pf
i Ada40NOOMaadbeale• •
�^
1. A apedial use permit will be tea
tally D. Swisher tad we well
for art l.).c . uerttos'pe
t L. aroo one lard iaaer toe n between
company, valley corp.. ■angeree repree long w their
recreational etepo closing.
+'oPprrnt• along with
Z. nowt will be paId
J
principal. !J ,pp mewtta •
4will rated towards
3are r413 move in etween A Ire$att sdi _
ndtnq Ae years n, uet 3Stn • ept.alerd J0tA of 199e
!ere shall g•'slat+ene rr11A lsndlerd.
1914 seals
provide
leas, opresylatt with the Above terse by wugeat
one half the cost of t at me •olealpq eraalt to be paid by Dalliers at
I. auyers will need AO denial es the ■ elm place to buy or rant, p• 1 was Perini! to iind a
An enea a.tse en0 commons et tea naa.nn*an Nmd/a Oa.asp, /� in )yeatlJ /NO.
Or: JAMIt A� ,CEcw +t4tc
..tin eui■, the. Qt/
e.n
Dec e/ sParalew _
. ,if �� enact 1 79p
ar 24,..,,,,Smarr-sue,-.t...._.„
,r P. 1s
Vida of Padua wr. i Q
----- .lr.... oe».r esde.'e Sip.nw -..----al et:: 7X.
mi nt is AnW/Betre
Nc:Misulaar PVaWrind(/bo)t.L-!na>
ah•.rv.1.t Catdwn e.wt•..Yt.hrree.ad•pnsn..CO.plb)'nti.Yr
962078
The CAM python of this le n ns Mee arneee
by On Celaoe Bet Bean Om Silica(cr e61Ae)
THIS 10M a.K IMAZTANT LEGAL WNSEQUWaSAND rim Pestles SHHOULLDCONSULT LEGAL AND TN{ot0Tn®CatNsa 5O0ar MN INC.
COUNTERPROPOSAL
July 17 l9 96
Weld
RE:Proposed contract to buy and sell the following described rev estate in the County of
Colorado,to wit
Lot A of Recorded Exemption No. 1469-05-2-RE-1727. recorded May 31,1995
in Book 1494 as Reception No. 2440324 being a part of the SW1/4 of Section
5, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State
of Colorado
5770 WCR 15 Dacono CO 80514
known as NaStem A4be fly Sea re
July 15 19 96 beta Basin Exploration Inc.
dated Seller,and Robert L. Heil and Larry D Swisher
Buyer.
The undersigned accepts the proposed contract,subject to the following amendments:
Page 1, Item 3: Purchase Price'-to be $199,000.00
Page 3, Item 12: General Warranty deed will be delivered subject to all
easements, restrictions, convenants, conditions, reservation i,
and rights of way of record.
Page 3, Item 21 (5): Seller will only mow/cut weeds within property
boundaries.
Page 3, Item 21 (E): Buyer shall either (i) obtain said "special use" permit
as required byWeld County by August 10, 1996 or—fi₹)—'
maive-tom sPe'c3.a1 Use'
Bpesalit—con!#eRency—es--stated
null and void.
Page .`•, Item 21 (F): Seller will provide buyer with a copy of the Phase I
Environmental Site Assessment prepared by National In—
spection Services dated April 8, 1995.
All other terms and conditions shall remain the same This counterproposal shall expire unless accepted in writing,by
Buyer and Seller,as evidenced by their signatures below,and she offering party to this document receives notice of such
acceptance berrbeta,
6:00 P.M. July 19 - 1996 .Ifacapted.the proposed contract,as amended
h hereby,y,shall become a contract between Seller and Buyer.
en
Stan
Dale af5eher's d®t,mrte
,19— Da¢er5dlees simony— ,19_
Scuds adepts-- ,,/
Larry . Sots er -,
sew Rd tt L Heil 9‘; Maar >��� 19 4
Roof evya's shoat= -.. .-_-_..
Buy's?'A.Ltrea
N.B.when this counterproposal form is use&the proposed contract is not to be signed by the party initiating this counter-
proposal.This counterproposal must be securely attached to the proposed contract.
Na CP4O-l-94. couMravanroset
tested ruasbise I 7 TM=a.Dane CO tram—Oa)2914rot—aH
962078
•., BAN KeR O x ®• The primed portions of this form,except(italiciced)
REALTOR (differentiated)additions,have been approved by
PREFERF.:D REALTY the('olorado Real lactate(bmmiwsion.(CRS 2-9-93)
THIS PORTS HAS IMPORTANT LEGAL CONSEQUENCES AND 111E PARTIES St IO ULD CONSULT LEGAL AND TAX
OR OTHER COUNSEL BEFORE SIGNING.
COMMERCIAL
CONTRACT TO BUY AND SELL REAL ESTATE
7 ,19 96
• 1.pAR'ITES AND PROPERTY. Robert L. Heil and Larry D. Swisher
buyers)'Buyer',(as (ilff/y(t/yl/[,:mats in tom mon) agrees to buy,and the undersigned seller(s)'Seiler},agrees to sell.on the terms and conditions set
forth in this contrail.the following described real estate in the('aunty of weld •Colorado,to wit:
19925—A PT SW4NW4 5 1 67 Beg s0D50'
Dacono subdivision
Ln,ion as No. 5770 NCR 415 Dacono Colorado 80514
Street Address (ivy Stale /Ip
together with all interest of Seller in vacated streets and alleys ialj:aenl thereto,all easements and other appose minas thereto,all improvements thereon and
all attached fixtures thereon,except as herein excluded(collectively the Pntperty)-
2.INCLUSIONS/INCLUSIONS.The purchase price includes the following items(a)if attached to the Prnpeny on the date of this contract:lighting,
heating.plumbing,ventilating,and air conditioning fixtures,4V antennas.water ra tftene rs,smoke/fire/burglar alarms,security devices,inside tekphone
a'ring and connecting blocks/jacks,plants,mirrors,fluor C setinga,intercom systems.built-in kitchen appliances,sprinkler systems and controls;
(h)don the Property whet her attached or not on the date of this contract:storm windows,storm doors,window and porch shades,awnings,blinds,screens,
curie nods,drapery ne s,all keys and(c) no home on property — see additional, provisions
'the above-described included items(inclusions)are to be conveyed to Iluyer by Seller by hill of sale at the closing,free and clear of all taxes,liens and
encumbrances,except as provided in Section 12 'lltvltllonaing attached fixtures are excluded from this s;Je- Remove all Basin
gguipment and supplies
3 PURCHASE'RICE AND TERMS.'the purchase price shall be S 180,000.00 .payable in U.S.dollarshy Buyer as follows:(Complete the
applicable terms!whey.)
(a)EARNEST MONEY.
S 5,000.00 in the form of personal check ,as earnest money deposit and part payment of the
purchase price.lstyeble its and held by Coldwell Banker Preferred Rlty,broker,in its trust account on behalf of both Seller and Buyer.
Broker is authorved to deliver the earnest money deposit in the cloning agent,if any,at or before closing.
Ire balance ol S 175,000.00 (purchase port less earnest money)shall be paid as folknvs:
(b)CAST L AT CLOSING.
9 34,000.00 .plus closing Costs,lobe paid by Buyer al closing in funds which comply with all applicable('olorado,laws,which include cash,
electronic transfer funds,certified check,savings and lean teller's check.and cashier's check((loud Funds).Subject to the provisions ns of Section 4,if the
existing loan balance at I he lime or closing shall be different from the loan balance In Seel ion 1.the adjustment shall he made in Gaol Funds at closing or
(aid as lot laws-
(c)NEW LOAN.
S 141,0 00.00 by Buyer obtaining a new Itvan:
This hair will be secured by a 1st deed of trust.
(Isl.2nd,etc)
The ham shall be unurtired war a period of 30 years at approximately 5 1134.52 per month including
principal and interest not to eSeee l 9.0 '5,per annum,plus.if required by Buyer's lender,a monthly deposit of 1/12 of the estimated annual real
estate ut.v55.property insurance premium,and mortgage insurance premium.lithe loran is en adjustable interest rate or graduated payment loan,the
'dint sly payments and interest rate initially shall nit cstecd the figures set forth ninon:.
l.t+dn discount points,11 any,shall be paid to lender al closing and shall not exceed 0 •'n it the ball loan amount.
Natwtthstanding the loan's interest rale.the first N_[A loan discount points shall to laid by N/A
and the balance,if any,shall be paid by N/A
Buyer shell timely pay a ban original kill lie not w exceed 1.0 ,S.„r the bon amount and Buyer,hart costs.
J)( ASSUMPTION
$ N/P\`l by Buyer's assuming and agreeing to pay an existing lion in this approximate amount,presently payable at T
per month principal,rtrest presently at `^;-per annum,and including escrow for the following as indicated:
❑real estate taxes, ❑pri+)+urtg nsurance premium. ❑mortgage insurance premium,and . Buyer agrees to pay
a limn transfer fee not to exceed S At the time of awsumil ion,the new interest rate shall not exceed
%per annum and
the new monthly payment shall nut exceed$ '��� principal and interest,plus escrow,if any.
Seller O shall In shall nib be released frnmlinttility nn said loan. If applicable,compliance with the requireme:nls for release from liability or
r,•instat•nw•nl of eligibility shall be evidenced by delivery at ell Ing td an appropriate letter(teem lender.('dot payable for release eel liability she II he paid by
--- in all:moot ma to exceed S
(e)SP•I-LER.OR PRIVATL'LTIIRD-PARTY I'INANCING.
• __—„_ by Buyer executing a promissory nine payable foe••��
tin the note form AS indicated- (Check one bat tuly.) -- ----�'--
❑Right•ttt-Cun:\li)N2-I I-R3 ❑No Right-to-(cure Nrl)RI-11-R1
snared by a deed ol trust t:neund,cring the Progeny.using the form as indicated:
(1st,2nd,etc) ' ((heck one his only) -`�\••
❑Strict Due.on-Sale.(.1'1)!`-2.11.11) (1717J-I1-If))
:vssunahlipXe duo on sale(•11)7't.11.55) ❑
(Rti2'PA Commercial Contract to Buy and Sell Real I Lsnur --_..----- ._� Page 1•tf4
IS(:\IcAtlister Publishing(lat(Ityb_1027 Prepared at Coldw,:1l Banker PrefertuJ•Longmont,('O.('hIS)2264,199
IIhe printed porbrns of this faro.except(ita lidded)(dii(crenmialed)additions,have been approval by the('oldrado Real Pal ale Commission(CBS2-9-95)I
l hepromissory noalnllp am rinedt n b
f years.papahlfa$ per month including principal
d inierest at i he ratef '1 l . 'nnuB.I y ens,shall continence - and shall he due on the day of each
succeeding month. II not sooner paid.the balance of Fnlneipar and-'ryed I sat shall be due vnd payahle after elasing
Payments
❑slit ❑shall a ibe'increased by I/12 of e iimnrailantutd real esuttlictiaCaisyatid
❑Mall ❑shall nor he increased lip I/l?CT'st mated annual property insurance premium.
The 1 Il L' lyMtiliffth following t dit f.limpy payment' I rettalirdasithin calendar days after its due dale.
a late harge nrrmidi monthly payment shall er . Interest on lender disbursemehlturider the deed of trust shall he rd..
lur annum. D!f elm(incrust rate shall be O.per annum.
Expo may prepay w'uhrut a pembly except
d.FINANCING CONDITIONS AND OBLIGATIONS.
(a)LOAN APPLIUIION(S) II BIf Buyer ism pay all or part ofth purchase p t forth in Section 3 by obtmnnga new loan or ii an existing
loan is t in be l .d al closing,❑ y .if required by such lendshall make written application within 5 calendar days from acceptance of
mks tvmrit. illy,shall cooper:tie with Seller and lender r,obi a'n lain pp I,diligently and line ly pursue same in good faith execute all di womers's
and furnish all inform alien and documents required by the lender,and,.subject to.Section 1,timely pay the costs of obtaining such loan or lender consent.
(b)LOAN APPROVAL.If Buyer is in pay all or part of the purchase price by training a new loan as speci lied in Section 1,,this contract is
conditional upon lender's approval of the new loan on or before „ez�ei 4.II , ' g' II 96 If not sat
app:sad by said dale,this noniron shall terminate. 1iTT�-
(c)EXISTING LOAN REVIEW. (Ida existing It9in is nor lobe ... I at closing,Saner shall ll provide I' of the loan documents(including
nine. led of irusi,modificationstioBuyer lh N/A calendar days from acceptance of this conrtmt_ibis contracts conditional upon Buyer's
resiew d approval oftM1 provisions ofsuch l documents. ll ts t the provisions ofsuch l documents if no written objection is received by
Seller from Buyer Ih N/A calendar<laysfrom Buyer's ipt of.such m t. If the lender's approval of a transfer of the Property is
required,the comraCI is cmd'Ynnal upon Buyers obiaining such anitproval widow change in the terms of such loan,except as set forth in Section 3. If
lenJ approval is mit obtained on or before N/A 19 Ihis cont t shall he
termintocd on suchd If Seller to be releasedf I`lillly untler such casting loin and11 .r does not obtain such compliance as set forth in Section 3,
his citntrath mas lc terminated at Seller's opiion.
(d)ASSUMPTION BALANCE. If Buyer to pay all or pao itI❑ purchase mice Jy as ring an existing loan and if the afloat principal balance hi the exiaing lion at the date g is le,than the t in Soli Solion 3 andd Ih t of cash required from Buyer at closing by than
more t an
S N/A then Buyer may lerminae this effui' receipt n rece th Seller of Bu lien notice of armnaron.Y
(.)LREDII INFORMATION If Buyer is ta pay allpart ofm purchase p by extolling a promissory m in favor of511 or if an exisiing
lion . noi toreleased al closing.m t t is conditional upon Seller's app ml of By financial;Italia and cleiliiworthiness,which approval shall
R t Seller's sok and absolute discretion In such ease U) Buyer shall supply t Seller on or I .f a N/A
I) . Illyer's expiwse,information d d ts concerningBuyer's 1 I,employment' J credit condition;(2)Buyer consents that Seller
may iy Buyer's financial;0914 and creditworthiness;(3)any suchf 'm' d d t-received ly Seller I ll be held by Seller in confidence.
J
I mitre'r du, cacti in I -1 Seller's inlet II I : a (4),I Seller 1, t written disapproval'iiBuyer
p notice of Seller's
N/A U ,then Seller wakes this condliian. It Seller deaprovide x{tI nnotice o(d'sapprmnl to Buyer oar or before
said date,this anticr shall urmn'n...
5. APPRAISAL PROVISION •
((heck only one tins) 'this Section 5 Q!]shall ❑shall not apply.
If this Scoitm 5 applies, d -01 abase,B Buyer_M1 ll have ihe sole opiion and cladnn t,terminate this ontract if the purchase prceesreeds the
Property's valu t ndetermined by an appraiser engaged by Buyers s Lender
InwmIractsshallt. y' h the
Buyer g the Seller treceiven notice (nominationyJ f. h e by
}PY appraisal L notice from . which l confirms Property's
saltation :Ica rt purchase I nJo be n pp96 (AppraisalDeadline). If
Seller ST s n m soh ('osl fl " 'i 'tent at thl is
deadline.Buyer any right toterminate under lh'.a section.
! COST OF APPRAISAL('usl of any appraisal lnl �obtainedahu he date n(th Room'rl snail pct timely paid by Buyer
7 NOT ASSIGNABLE Ihi Contract shall noth assignable ly Buyer lhour Killer's prior 'r n consent.lacer(as so reztrcted this contract shall inure
in the henefit of and1 binding up h heirs,peat t s andasig f th tubes
S EVIDENCE OF TITLE Seller h ll f rush to Bury at Seller's expense,(11)♦f commitment
/a'a t ' , title insurance policy in an amoumuual
time paremRe Price Pf FYFkINhG9tM6Y4V.?d/�NiAftlpfA)V6 JJNN1P NN4VhkM/JJW.rn or hallo July 25 I
U 96 (Tile Deadline). If a title commitment is f n'.h J Buyer may require of Seller that copes of instruments(or abstracts of nsruments)
listed in ilitt schedule of exceptions(Exec pt s)in the ride insurance commitment1' hf ished l Buyer at Sell ap. . . Ih. requitement.hall
pertain onlyt m shown of record in Me officef ihe clerk and recorder ofth 1 g ied countyor counties. 1h title
together the Y I 'I: Iinstrumentsfurnished l n this Section l I ra title documents( isle D ems). Buyer,lin mim Sayer's
designee, a request Seller,in writing,to furnish copies : 4. f insauments listed d Ihe scheduleof exceptions no laterthan 3
calendardays afterTitle Deadline. If Seller is1 litre inrrriranCEr m mini SJl!r will pay the premium a closing and h the tide insurance policy
delsvrtd 10 Buyer s vas praciicable afu closing
.
9 TITLE.
O TOLE REVIEW_Buye,liallhave t gi la inspect ltl Documenis f1/II1SES191 Written noticehp Byer of unmechanlabilly of nil.
iirany oil r unvilisfactory title J h by theTitle U t p0f11////l shall be signed by behalf ofnyir and given to Seller on or
before3 calendardays n III Deadline. ith' five(5)calendar daysf i1 ly Buyer f anyTIl Document(s)oreal n(s)
adding new I_. pm (s)to thetitle commitmcniIgm lhacly ofth htleDocument adding new Perept (s)ID title. If does not receive
Buyer's lie by the date(s)sp l' d above,Buyer acceptsthe lit ftitle disclosed by the'line Documents as-atisfactory.
(I)MAIfERS NOT SIIOWN BY IIIE PUBLIC RECORDS Seller shall d l 1Buyer.on or before meTitle Deadline set forth in Section IC
true copies of 111 (s)and y(%)' Seller's possession periainingt Me Property I shalldisclose Islluyer all ousenants.liens other title
t shown lty the public rds l hich Sell has actualknowledge. Buy hall have Ow rightm :p a the Property io determine if any third party(s)has
any right in ihe Properly mitsM1 lip the public J (such as adel easement.unrecordedI boundary l discrepancy).Written notice
y unsatisfacioryemd)lrn(s)disclosed by Seller or revealed lip such inspecrion shall be g d by or on behalf of Buyer rd given to Seller on or before
July 29 ,ii 96 If Seller does not receive I lvyers notice lip said date,Buyer accepts title subject to h rights,If an
of welch Buyer hn.Melted knowledge Ric t Y.of rM1lN panics
(e1 SPECIAL"AXING DISTRICT'S. SPECIAL TAXING DISIINCI'S MAY 131i SUIUP.CI'TOFl:NIRAL OBLIGA'T'ION INIMillTt,LMiSS
111,5115 PAID In'ItB VI,NUI'S I'RUDU('ID 19iO\1 r\NNUAI.TAX LEVIES ON 1111 1 AXABLE PROPERLY WITHIN SUCH DISfRICI'S
ItO1'If mill'OWNERS IN SU(II D1.4I1t1('Is MAY 11111'!An i'l)NI'RISK FOR IN('1(Ib\SI tD MILL I,!'VII iS AND IXCESSIVP.TAX BU RDI'NS
111 SCPI'a RID Ili ERVIC'ING(1150(111)11111 WI II JtI'CIIi('UNS'I'r\NCIS ARISE RESULTING IN'IlIEINABII.fIY OFSUCII A DISIItl('f la D DISC l IAItGI SU(II INDEB I I DNI SS Wf11IOLI SCcII AN INCRI'ASI!IN NIDE 1 VIII. BUYER SI IOUI D 1NVPSI IGADI111E DERL
FINANCING ANCI,NG RI WWI IN i,IIPNIS OF I I II AUII IDR1/I D GENITAL oBLIGATioN INDI Il IIIDNIISS OF suCI I DISI'RIC IS,EXISIINC MILI.I I,V II'.S OF 5t(.I1 Dlti flttCI Sl R V IC IND SUCH I INLAID I LDNPSS,AND 11111 I'O IV NIiAt,FOR AN INCREASE IN SUCH MILL LEVIES.
IES.
In 1 he eventtl Property located within a specialaxing d'. -i andBy 1 to terminate ihis contraci :a result,if written notice 'given
Ern or beau the darn set fooll in subseciionI(m) ihis contra(m shall then ierminaleIf Seller does t rei eivc Buyer's notice by the date specified
ItseBuyerae yms the effect of ihe Potreoys inclusion suet,spat al rasingJstrei(s)and waives the right to terminal,.
_..
CBS ,-95 Cumuli-alai Canton't Buy andSell Real it --- Page 2n11
1S( S4allsler Publishing(80I1)516-1027 Preparta di Colhmd Banker Pr rred.langm nm ('D-(30D)776-1.145
962079
('(he printed portions of this form,except(ilalkind)(differentiated)additions,have been approved by the Colorado Real Estate Commission((:BS2-9-9.5)(
(ill R1(if-r TO CURB. 11 Netter nevivs v notice o d ones rrhawtmtti iy of title or any other unsatisfactory title condition(s)as pnwided in subsection
(a)or(tat aiutve.Seller shall use reasonable effort to correct said unsatisfactory title amdititm(s)prior In the date of closing.If Seller faits to correct said
unsatisfactory title condition(s)on or before the date or dosing,this contract shall then terminate;pnvit4.•d,however,Buyer may,by written notice received by
, Soler nn or before closing,wane objection to said unsatisfactory title r nJititn(s).
liI.jNSPECJ'1QN. Burr or any designee,shall have the right to have inspection(s)of the physical cotalttion of the Property and Inclusions,at Buyer's
191 ass If written notice of any unsatisfactory condition,• signed 1'y neon behalf of Buyer,is not received by Seller on or before Jolly 23
(Objection Deadline),the physical condition of the Pntperly 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 July 25
I9 96 (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"(john to any unsatisfactory condition. Buyer is responsible for and shall pay for any damage which
"ours no the Property and Inclusions as result of such inspection.
II.DATE OF CLOSING.'1 he date"(chasing shall lie -Tiny 29 1h '' i�$
al an earlier date.'Ille hour and place of dining shall ire as designated by Coldwell Ban r Preferred aR9�ty'cell mutual agreement
I.1'1•RANSPUB OF'rrrLE,.subject to tender ur payment at:hosing as required herein and compliance by fluyet with the other terms and pnwisians hereof,
Seller shall execute and delivera paid and sufficient general warranty
free and clear of all fates except thegeneral taxes for thedeed to Buyer,on riming,conveying the conveyed
Property
1 year of chasing,and except none other title shall be romeyed
free and clear of all liens for special improvements installed as of the dale of Buyer's.signature hereon,whether assessed or not;except(i)distrihutim utility
easements(including cable'IV),(ii)those matters reflected by the Title Documents accepted by Buyer in ruciardance with subsection h tit those rights,if
any,ul third pit ow
parties in the Property not shown by the public moods in accordance with subsection 99(a),(iii)
district.and(v)subject to building and zoning regulations. ( )•(iv)inclusion of the Property within any special taxing
11 PAYMBNr OF ENCUMBRANCES.Any encumbrance required to he paid shall be paid at or before rising ft am the proceeds of this transaction or
From any other source.
14.CLOSING
tCO�,DOCUMENTS AND SERVICES Buyer and Seller shall lay,in Good hinds,their respective closing nets and another
requiredpaid at closing,except as otherwise provided herein. Iluyet and Seller shill sign and complete all customary or required documents
al or before closing. Ices for real estate classing services shall not exceed S 125.00 and shall be paid at closing by
Buyer and seller equally .'Ihelocaltransfer tan Nib
closing by N A . "•of the purchase price shall he paid at
any sales and use tax that may accrue bemuse of this transaction shall be paid when due by
Buyer, doc fee only �-
•
15 PRORn'1'IONS. (icneial taxes for the year of awing.base.]on the taxes for the calendar year immediately preceding rinsing,rents,water and sewer
charges,owner's asaa•iatinn dues,and interest on continuing lu•m(s),if any,and none other
be prorated to date ul closing shall
lb.POSSESSION, Possession of the Property shall be delivered to Buyer as folbows_ day Of Closing
subject to the following lease(%)or lenancy(s) —___, '
as per current lease agreement
fails to deliver ptuXssam on the date herein specified.Seller shall be subject to eviction and shall be additionally liable to Buyer for of Seller,after rousing.
S 10 0.0 0 per day from the date of agreed possession until possession is delivered. Payment of
17.CONDITION OF AND DAMAGE TO PROPERTY. I'.xotpl as otherwise provided in this contract,the Pr(pefly and Inclusions shall he delivered in the
condition existing as of the dale of this contract,ordinary wear and tear excepted.In the event the Property shall he damaged by fire or other casually prior to
lime of elining.in an amount of not more than ten percent of the total purchase price,Seller shall lie obligated to repair the same before the dale of closing. Iii
the event such damage is not repaired within said lima or if the damagre exceed such sum,this contract may he terminated at the option of Buyer.Should
Buy et.elect to carry out Ihiscontract despite such damage.Buyer shall be entitled to credit for all the insurance proceeds resulting from such damage to the
Properly and Intl uxittm,nut exceeding,however,the natal purchase price.Should any Inclusion(s)or service(s)fail or he damaged between the dale of this
cunt rest and the date of closing or the date.td possession,whk:11.ff shall he earlier.then Seller shall be liable for the repair or replacement of such
Intl usion(s)or sery er(s)with a unit of similar%i.e,age and quality,(if an equivalent credit,less any insurance proceeds received by Buyer covering sure
repair or re n•plamcm. /"..
Ili TIME OF ESSENCE/REMEDIES.lime is of the essence hereof. If any note.or check received as earnest money hereunder or any other payment due
hereunder is not pntd,honored or tendered when due,or if any other obligation hereunder is not performed tar waived as herein provided,there shall be the r
lolbrwing remedies:
(a)IF BUYER IS IN DEFAULT:
(('heck one bits only.(
O (1)SPECIFIC PERFORMANCE.Se her may steel to treat this contract as canceled,in which case all payments and things of value received
hereunder shall he forfeited and retained on behalf of Seller.and Seller may recener such damages as maybe proper,or Seller may elect to treat this coat tact
as hcing in full force and effect and Seller shall have the right("specific performance or damages,or both.
® (2)LIQUIDATED DAMAGES.All payments and things of value received hereunder shall be ftrrfcited by Buyer and retained on behalf of Seller
and both parties shall thereafter he released]nom all aldigatiuns hereunder.II is agreed that such payments and things of value are IdQUlDA7ED
DA\fA(ilSand(except as provided in subsection(e))are SEhf.IiR•SSOI Ii AN1)UNIX RI I.\dlfIlY for Buyer's failure to perform the aibliguititma,at this
contract.Seller expressly waives the remedies of spettific performance and additional damages
(h)IP SELLER 1S IN DEFAULT:
Buyer may elect to treat this contract as canceled,in which rase ail payments and things of value received hereunder shall be returned and Buyer
may recover such damages as may he proper,or Buyer may elect to treat this contract as being in full force and effect and Buyer shalt have the right to specific
pitrl'itrmance or damages,or both.
(c)COSTS AND EXPENSES Anything to the contrary herein notwithstanding,in the event of any arbitration ar litigation arising out of Ihis
contract.the arbitrator or court shall award Ica the prevailing party all reasonable rota and expenses,including attorney fees.
I9.EARNEST moNEY DISPUTE. Notwithstanding any termination of this contract,Buyer and Seller agree that,in the event of any controversy reganling
the earnest money and things of value held by hrokeror closing agent,unless mutual written instructions are received by the holster of the earnest money amt
things"Rat ue,broker or closing agent shall not he required In take any action hut may await any pncceding,oral broker's or closing agent's option and sole
discretion.may interplead all ranks and deposit any moneys air things of value into a court of competent jurisdiction and shall recover court cents and
reasonable attorney fro.
211.ALTERNATIVE(DISPUTE RESOLUTION:MBDLAT1oN. If a dispute arises relating to this contract,and is not resolved,the panics and brokers)
involved in such dispute(Disputants)shall firs)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 or such mediation.In I he event the entire dispose is not resolved within thirty(:ql)calendar days from the
dale written notice requesting medico ion is sent by one Disputant to the ather(s),the mediation,unless otherwise agreed,shall terminate.This section shalt
not alter any date in this contract,unless otherwise agreed.
21 ADUrI'IONAL PROVISIONS('she language of these adaitkrnal previsions has not been approved by the Colorado Real Elate Commisshm).
(A) THE "ADDENDUM TO CONTRACT" SHALL BE ATTACHED AND A PART OF THE
CONTRACT BETWEEN BUYERS AND SELLERS.
(B) Seller must clear all weeds
(C) Roof mounted antenna and gas tank to stay with property.
(D) Seller to remove all Basin equipment and supplies.
(El This contract is contingent upon the "Special Use" permit allowing the
following: 1. Right to operate trucking yard;
2. Right to operate RV storage.
(F) Seller to provide a current Phase i Environmental Study.
(G) Title company to provide all leases and tenancies and responsibilities
pertaining to this property.
(10 4L` t ;CO 4,4:lute It, iemeg)f Ii/./4 i)ilo pi 4 I
t'HS.?a.aS Commercial Contract(t Buy and Sell Real Estate _
IS(i\k:\Ilira•r htishi,g,(;Ng3)G-Fu2J Pm trcdm(l,l /74/OR To Pagc:laf4
CT.�� C' 7�qi✓/f Ttz }`��uII n a,r,Pn r lt•t�mt�ii((t(nn)T99a/ 3�c1�/� Cit trvL(� ,
(•I he printed fatrttlins of this form.except(italicised)(differentiae additions,hase been approved by the('tdollish.Real Estate Commission(('I1S2 rr'RS)I
21.RJ!COMMDNDAT1ON UP I.I?GAL COUNSEI-.By signing this dir•untent.Itayer and Seller acknowledge that the Selling Company or the Listing
('ompttey has advised that this dirrumcnl has important legal croserluenees and has reernnnsended the examination of title and consultatism with legal and tax
nr other counsel before signing this rant ran.
33.TERMINATION. In the event this cm,rael is terminated.all payments and things of value received hereunder shell be returned and the parties shall be
relieved of all obligations hereunder,subject to SetYkm 19
24 SCLLINO COMPANY BROKER RELATIONSHIP. lacsrllingltnrker,COLDWELL BANKER PREFERRED RLTY,and its salespersons
have been engaged as Transactional Broker .Sclling('irmpany has previously disrlined in*riling to the
naves that dine rent relationships are available which include buyer agency.mike agency,subagency,or Transaction broker,
23.NU'I'ICB TO BUYER Any notice to Iluyer shall be elte.nss•when received by Buyer.sir.if this ho s is checked [j when received by Selling Company
Br NOTICE TO SELLER.Any notice III Seller shall be effedise when received by Seller or Listing Company.
27 M017JPICA•I1 ON OF Tills CONTRACT. Nu subm•gnrnt mrali heal ion"(any of the terms irf this contract shall be valid,binding upon the parties,or .
enforceable unless made in writing and signed by the patties.
Bt.I!NIl RE AORJ!EMBNT.'Ibis neural eonst it sites the entire contract between the parties relating to the subject hereof,and any prior agreements
pertaining thereto,whether oral sir written,have been merged and integrated into this cant ran.
2v NO1 ICI!OP ACCEPTANCE:COUNTERPARTS.This pre i se al shall expire unkss accepted in writing,by Moyer and Seller,as uvidcnred by their
signatures below,and the offering piny receives notice of such acceptance on or before JLL.111 17, 6:00 pm .19 96
Acceptance Deadline). if aaeytrd,this document shall become a contract between Seller and lluyer.A copy of this document may he executed by each pan y,
separately,and when each party has executed a copy thereof.such copies taken together/Judith?deemed to be a full and complete cont sari between the parties.
Buyer Robert L. Heil ----- Ituper Larry O. swisher '! --- .
plate of Inners stgnatate ,19 Date otf Buyer's signature ly
•
Buyer's Address 2130 N. Main St. - 15B Longmont, CO 80501
Seller Seller
I late of Seller's signature • ,19 Date Of Seller's!Opal are .1'l _
Seller'sAddress
,/•
'the undersigned hmker(s)acknowledges receipt of the earnest money deposit specified in Section 3,and Selling Company
confirms its Broker Relationship as set forth in Section
Selling Company COLDWELL BANKER PREFERRED REALTY 601 S. BOWEN ST. LONGMONT, CO 80501
Name and Address
fly 19
Johnnie D. David Wit! •
-- --
l.tsttng('e.mpany English/Burns LLC 917 13th St. Greeley co 80631
Name and Address ------
,19
Scott Mahaffey Date
Note Closing Instructions should he signed at the time this contract is signed
(:I1c2 9.9.C(bmmerctal(:rnrraet to lluy and Sell heal 1 estate — Page 4 nr 4
i%(i McAlttater Publishing fluat)33fr•II127 Prrpured al(•oldwell Banker Preferred,1 tmgmoni.('(t-(1117)77b-44'15
9608
Hello