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Home My WebLink About981783.tiff RESOLUTION RE: APPROVE VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Vacant Land/Farm and Ranch Contract to Buy and Sell Real Estate between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Windon and Betsy Davis, 2730 Buena Vista Drive, Greeley, Colorado 80631, with terms and conditions being as stated in said contract, and WHEREAS, after review, the Board deems it advisable to approve said contract, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Vacant Land/Farm and Ranch Contract to Buy and Sell Real Estate between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Windon and Betsy Davis be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of September, A.D., 1998. BOARD OF COUNTY COMMISSIONERS WE COUNTY, COLORADO ATTEST: /amyl Constai ce L. Harb rt, Chair Weld County Clerk to the ,* •1 A/2,(( _ W. H. bster, P o-Tern BY: Deputy Clerk to t* d A eorge E. BaxterL/D >�VE, . TO OR .%S'_I�, Dale K. Hall oun y A or ey EXCUSED Barbara J. Kirkmeyer 981783 Cc: dig PR0015 /66 VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE , 1998 1. PARTIES AND PROPERTY: Windon H. Davis and Betsy Davis also known as Betsy L Davis whose address is 2730 Buena Vista Drive, Greeley, Colorado 80631, hereinafter referred to as "Sellers," and the County of Weld, a political subdivision of the State of Colorado,by and through the Board of County Commissioners of the County of Weld, whose address is 915 10th Street, Greeley, Colorado 80631,hereinafter referred to as "Buyers", the real estate described in or shown on the attached Exhibit "A," located in the County of Weld, State of Colorado, together with all interest of Seller in vacated streets and alleys adjacent thereto, all easements and other appurtenances thereto, all improvements thereon and all attached fixtures thereon, except as herein excluded (collectively described herein as "the Property"). 2. PURCHASE PRICE AND TERMS: The purchase price shall be $701,500.00, which is based upon the site having 142 acres, payable in U.S. dollars by Buyer as follows: (a) Earnest Money: The mutual promises and covenants of the parties set forth in this Contract is the necessary consideration that makes this Contract binding on the parties hereto. (b) Cash at Closing: $701,500.00, plus closing costs, to be paid by Buyer at closing in funds which comply with all applicable Colorado laws, which include cash, electronic transfer funds, certified check, savings and loan teller's check, and cashier's check (Good Funds). 3. NOT ASSIGNABLE: This Contract shall not be assignable by Buyer without Seller's prior written consent. Except as so restricted, this Contract shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties. 4. EVIDENCE OF TITLE: On or before October 26th, 1998 (the "Title Deadline"), Seller shall furnish to Buyer, at Seller's expense, a current commitment for an owner's title insurance policy from a title insurance company selected by Buyer (the "Title Company") in an amount equal to the purchase price (the "Title Commitment") together with copies of all instruments or documents listed in the title Commitment as exceptions to the title ("Exceptions"). It shall be a condition precedent to Buyer's obligation to consummate and close the transaction contemplated by this Contract that the Title Company be unconditionally and irrevocably committed, upon the closing, to issue the title insurance policy described in the Title Commitment, subject only to those Exceptions that have been approved(or deemed approved)by Buyer pursuant to Paragraph 5., below. In the event the Title Company is not so unconditionally and irrevocably committed to issue such policy upon the closing,then Buyer shall not be obligated to close the transaction and may terminate this Buyer(s) Sellers) Page 1 of 8 f 111111111111111111111111 Nil III 1111111 III 1111111111111 2648960 10/26/1998 01:16P Weld County CO 1 of 10 R 0.00 D 0.00 JA Sukl Tsukemoto car 77. 3 Contract upon the written notice to Seller given within 5 business days after the title Deadline. Seller shall pay the cost of the premium for a standard owner's policy of title insurance issued pursuant to the Title Commitment, including the cost of any endorsements required by Buyer in order to satisfy any of Buyer's obligations to title given pursuant to Paragraph 5. If Buyer desires extended coverage title insurance or any additional endorsements to its title insurance policy, Buyer shall be responsible for any additional premium charged by the Title Company for such extended coverage or additional endorsements. 5. TITLE: (a) Title Review: Buyer shall have the right to inspect the Title Documents. Written notice by Buyer of unmerchantability of title or of any other unsatisfactory title condition shown by the Title Documents shall be signed by or on behalf of Buyer and given to Seller on or before five(5) calendar days after Title Deadline and receipt of all instruments and documents listed as Exceptions, or within five (5) calendar days after receipt by Buyer of any new Title Documents not shown on the Title Commitment or endorsement(s)adding new Exception(s) to the title commitment together with a copy of the Title Document adding new Exception(s) to title. If Seller does not receive Buyer's notice by the date(s) specified above,Buyer accepts the condition of title as disclosed by the Title Documents as satisfactory. (b) Matters Not Shown by the Public Records: Seller shall deliver to Buyer, on or before the Title Deadline set forth in Section 4., true copies of all lease(s) and survey(s) in Seller's possession pertaining to the Property and shall disclose to Buyer all easements, liens or other title matters not shown by the public records of which Seller has actual knowledge. Buyer, or any designee, shall have the right to inspect the Property to determine if any third party(s) has any right in the Property not shown by the public records (such as an unrecorded easements, unrecorded leases, or boundary line discrepancies). Written notice of any unsatisfactory condition(s) disclosed by Seller or revealed by such inspection shall be signed by or on behalf of Buyer and given to Seller no later than five (5)calendar days after the Title Deadline. After such date required for notification and until closing, (I) Seller shall immediately disclose to Buyer the existence of any easements, liens, or other title matters not previously disclosed to Buyer and of which Seller becomes aware, and (ii) Buyer shall have an ongoing right to inspect the Property to determine the existence of any potential or actual third-party rights in or claims to the Property which may arise after such date. In the event Seller notifies Buyer of any new condition pursuant to subparagraph (I) above, which condition is unsatisfactory to Buyer as determined in Buyer's sole and absolute discretion, or Buyer discovers any unsatisfactory condition as determined in Buyer's sole and absolute discretion not reasonably discoverable in Buyer's prior inspection or inspections of the Property,Buyer shall notify Seller of such unsatisfactory condition within five (5) business days after the date of Buyer's receipt of Seller's notice or Buyer's inspection, as the case may be. If Seller does not receive Buyer's notice by said date,Buyer accepts title subject to such rights, if any, of third parties of which Buyer has actual knowledge. Buyer(s)I' Seller(s) Page2of8 11111 11111 111111 111111 1111 I I 11111111 III 11111 1111 111 2648960 10/26/1998 01:16P Weld County CO / 7F3 2 of 10 R 0.00 D 0.00 JA Sukl Tsukamoto (c) Special Taxing Districts: SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS.PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYER SHOULD INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION INDEBTEDNESS OF SUCH DISTRICTS, EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH INDEBTEDNESS, AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES In the event the Property is located within a special taxing district and Buyer desires to terminate this Contract as a result, if written notice is given to Seller on or before the date set forth in Section 5.(b), this Contract shall then terminate. If Seller does not receive Buyer's notice by the date specified above, Buyer accepts the effect of the Property's inclusion in such special taxing district(s) and waives the right to so terminate. (d) Right to Cure: If Seller receives notice of unmerchantability of title or any other unsatisfactory title condition(s) as provided in Subsection (a) or (b) above, Seller shall use reasonable effort to correct said unsatisfactory title condition(s) prior to the date of closing. If Seller fails to correct said unsatisfactory title condition(s) on or before the date of closing, this Contract shall then terminate;provided,however, Buyer may,by written notice received by Seller, on or before closing, waive objection to said unsatisfactory title condition(s). 6. DATE OF CLOSING: The date of closing shall be November 12, 1998 or by mutual agreement at an earlier date. The hour and place of closing shall be designated by Seller and Buyer. 7. TRANSFER OF TITLE: Subject to tender or payment at closing as required herein and compliance by Buyer with the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient warranty deed to Buyer, on the Closing Date, conveying the Property free and clear of all taxes except the general taxes for the year of closing. Title shall be conveyed free and clear of all liens for special improvements installed as of the date of Buyer's signature hereon, whether assessed or not; except (I) distribution utility easements (including cable TV), (ii)those matters reflected by the Title Documents accepted by Buyer in accordance with Section 9(a), (iii) those rights, if any, of third parties in the Property not shown by the public records in accordance with Section 5.(b), (iv) inclusion of Buyer(s)1A7 Seller(s) ___ Page3of8 _ / 1111111 HIRED III 1111111 III 11111 M IIII 2648960 10/26/1998 01:16P Weld County CO y 6/ 7Y3 3 of 10 R 0.00 D 0.00 JR Sukl Teukamoto the Property within any special taxing district, (v)subject to building and zoning regulations. 8. PAYMENT OF ENCUMBRANCES: Any encumbrance required to be paid shall be paid at or before closing from the proceeds of this action or from any other source. 9. CLOSING COSTS, DOCUMENTS AND SERVICES: Buyer and Seller shall pay, in Good Funds, their respective closing costs and all other items required to be paid at closing, except as otherwise provided herein. Buyer and Seller shall sign and complete all customary or required documents at or before closing. Fees for real estate closing services shall not exceed $175.00 and shall be paid at closing by $87.50 by Buyer and $87.50 by Seller. 10. PRORATIONS: General taxes for the year of closing, based on the taxes for the calendar year immediately preceding closing, rents, water and sewer charges, owner's association dues, and interest on continuing loan(s), if any. No other costs shall be prorated to the Closing Date. 11. POSSESSION: Buyer shall be entitled to possession of the property upon closing. If Seller fails to deliver possession on the date herein specified, Seller shall be subject to eviction and shall be additionally liable to the Buyer for payment of$100 per day from the date of agreed possession until possession is delivered 12. CONDITION AND DAMAGE TO PROPERTY: Except as otherwise provided in this Contract, the Property shall be delivered in the condition existing as of the date of this Contract,ordinary wear and tear excepted. In the event the Property shall be damaged by fire or other casualty prior to time of closing, in an amount of not more than ten percent of the total purchase price, Seller shall be obligated to repair the same before the date of closing. In the event such damage is not repaired within said time or if the damages exceed such sum, this Contract may be terminated at the option of Buyer. Should Buyer elect to carry out this Contract despite such damage,Buyer shall be entitled to credit for all the insurance proceeds resulting from such damage to the Property,not exceeding,however, the total purchase price. Should any service(s) fail or be damaged between the date of this Contract and the date of closing or the date of possession,whichever shall be earlier,then Seller shall be liable for the repair or replacement of such service(s) with a unit of similar size, age and quality, or an equivalent credit, less any insurance proceeds received by Buyer covering such repair or replacement. 13. TIME OF ESSENCE/REMEDIES: Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed or waived as herein provided, there shall be the following remedies: Buyer(s) � Seller(s)_� Page4of8 11111111111111111111111111111 HIM III 111111I11IIII 2648960 10/26/1998 01:16P Weld County CO 4 of 10 R 0.00 D 0.00 JR Suitt Tsukemoto CIS' / 7g3 (a) IF BUYER IS IN DEFAULT: Seller may elect to treat this Contract as canceled, in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller, and Seller may recover such damages as may be proper, or Seller may elect to treat this Contract as being in full force and effect and Seller shall have the right to specific performance or damages, or both. (b) IF SELLER IS IN DEFAULT: Buyer may elect to treat this Contract as canceled, in which case all payments and things of value received hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect to treat this Contract as being in full force and effect and Buyer shall have the right to specific performance or damages, or both. (c) COSTS AND EXPENSES: Anything to the contrary herein notwithstanding, in the event of any arbitration or litigation arising out of this Contract the arbitrator or court shall award to the prevailing party all reasonable costs and expenses, including attorney fees. 14. EARNEST MONEY DISPUTE: Notwithstanding any termination of this Contract,Buyer and Seller agree that, in the event of any controversy regarding the earnest money and things of value held by broker or closing agent,unless mutual written instructions are received by the holder of the earnest money and things of value, broker or closing agent shall not be required to take any action but may await any proceeding, or at broker's or closing agent's option and sole discretion, may interplead all parties and deposit any moneys or things of value into a court of competent jurisdiction and shall recover court costs and reasonable attorney fees. 15. ALTERNATIVE DISPUTE RESOLUTION: MEDIATION: If a dispute arises relating to this Contract, and is not resolved, the parties and broker(s) involved in such dispute ("Disputants") shall first proceed in good faith to submit the matter to mediation. The Disputants will jointly appoint an acceptable mediator and will share equally in the cost of such mediation. In the event the entire dispute is not resolved within thirty (30) calendar days from the date written notice requesting mediation is sent by one Disputant to the other(s), the mediation, unless otherwise agreed, shall terminate. This Section shall not alter any date in this Contract unless otherwise agreed. 16. ADDITIONAL PROVISIONS: a. Seller shall, within thirty (30) days after the signing of this Contract, at its sole cost and expense, obtain a current monumented or pinned Survey Plat of the Property ("Survey"), including a legal description of the Property, prepared by a land surveyor licensed in the State of Colorado. A copy of the Survey shall be provided to the Buyer upon its completion, and the legal description of the Buyer(s) t/ Seller(s)�K Page5of8 1 IMO 11111 111111 Bun III 1111111 III 111111111 IIII 2848960 10/28/1998 01:16P Weld County CO 5 of 10 R 0.00 D 0.00 JA Sukl Tsukamoto 91' 78 3 Property shall become a part of this Contract (Exhibit"A"). b. It shall be the responsibility of the Buyer, at Buyer's expense, to secure the necessary zoning approval mining and water approvals for the operation and use of the Property as a gravel pit. Seller shall fully cooperate and assist the Buyer in completing the necessary approvals, including, but not limited to, allowing the use by Buyer of engineering materials previously prepared at Sellers direction. c. Any new oil and gas wells which would be placed south of the Greeley Ditch No. 3 portion of the Seller's remaining property would be accepted for location by Buyer on the purchased property, as long as the location does not interfere with the Buyer's mining operation. d. The buyer will provide recreational access to the Poudre River in the reclamation plan for the property. However, during the active mining operation phase, the access will only be provided if it can be done in a safe manner, and in a way that does not interfere with the mining operations. e. The Buyer, as an adjacent property owner, would not oppose annexation and residential zoning of the Seller's remaining property to the south. f. The rights to the sand, gravel and aggregate are intended to be transferred by this Agreement. The rights to all other minerals are not intended to be transferred. g. The attached Closing Instructions are hereby made part of this Contract. h. Facsimile signatures hereafter shall be considered legal and binding with regard to this Contract, including any written notices, addenda, and amendments to this Contract i. Seller's obligations under this Subsection 17 (b) and Buyer's obligations under subsection 17(c) and (d) shall be continuing and shall survive the closing and the conveyance of the Property, notwithstanding any provision in the deed to the contrary. 17. RECOMMENDATION OF LEGAL COUNSEL: By signing this document Buyer and Seller acknowledge that the Selling Company or the Listing Company has advised that this document has important legal consequences and has recommended the examination of title and consultation with legal and tax or other counsel before signing this Contract. 18. TERMINATION: In the event this Contract terminated, all payments and things of Buyer(s)1 Seller(s)�� Page6of8 ff�Yd 11111111111111111111111111111 III 1111111 III 11111 1111 1111 2648960 10/26/1998 01:16P Wald County CO 6 of 10 R 0.00 D 0.00 JR Suit! Tsukamoto /113 value received hereunder shall be returned and the parties shall be relieved of all obligations hereunder, subject to Section 15. 19. NOTICE TO BUYER: Any notice to Buyer shall be effective when received by Buyer. 20. NOTICE TO SELLER: Any notice to Seller shall be effective when received by Seller or by Listing Company. 21. MODIFICATION OF THIS CONTRACT: No subsequent modification of any of the terms of this Contract shall be valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. 22. ENTIRE AGREEMENT: This Contract constitutes the entire Contract between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or written, have been merged and integrated into this Contract. 23. NOTICE OF ACCEPTANCE: COUNTERPARTS: This proposal shall expire unless accepted in writing, by Buyer and Seller, as evidenced by their signatures below, and the offering party receives notice of such acceptance on or before September 28, 1998 ("Acceptance Deadline"). If accepted, this document shall become a Contract between Seller and Buyer. A copy of this document may be executed by each party, separately, and when each party has executed a copy thereof, such copies taken together shall be deemed to be a full and complete Contract between the parties. WELD COUNTY BUYER DATE: q/.23/9V /� BY: gzei me trez,„�i Constance L Harbert, Chairman, Weld County Board of County Commissioners SELLER DATE: 9I i/q ( BY: //J. BY: ,a2 Note: Closing Instructions are attached and should be signed at the time this Contract is signed. ewo x�.ouw.o Buyer(syi Y Seller(s)% Page 7 of 8 �j I111111 VIII 11111111111111111 III 1111111 III VIII 1111 IIII 78of910 R 0?001D 0.00 JRPSukldTsukamoloD 98/783 Exhibit "A" (preliminary version to be replaced by surveyed description) That portion of a parcel of land in the East Half of Section 33, Township 6 North, Range 66 West which parcel is more particularly described in Exhibit "B" which portion lies north of the Greeley#3 Ditch and south of the centerline of the main channel of the Cache la Poudre River as it currently exists consisting of 142 acres more or less together with all rights to the sand, gravel and aggregate appurtenant thereto. Buyer(s)__ Seller(s) Page 8 of 8 �j 1 11111 1111111111111111 1111 III 1111111111 1111111111111 2648960 10/26/1998 01:16P Weld County CO 8 of 10 R 0.00 D 0.00 JA Sukl Tsukamoto 98/.78 5 EXHIBIT "B" PROPERTY DESCRIPTION A parcel of land being part of the East Half(E1/2) of Section Thirty-three (33), Township Six North (T.6N.), Range Sixty-six West (R.66W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: BEGINNING at the Section Corner common to Sections 33/34-T.6N.-R.66W. and Sections 3/4- T.5N.-R.66W. as monumented by a found #6 rebar with aluminum cap stamped POWERS ELEVATION INC LS 23501 with the Quarter Corner common to Sections 33/34-T.6N.-R.66W. as monumented by a found #4 rebar which I removed and replaced with a set 30" of#6 rebar with a 3 1/4" Diam. aluminum cap stamped as per BLM instructions and JONES LS 22098 to bear North 00°06'03" East, as determined a Solar Observation on a reference line near the Point of Beginning and tied to this survey by traverse,a distance of 2691.25 feet with all other bearings contained herein relative thereto; #1: THENCE South 89°28'43" West along the South line of said E1/2 a distance of 30.00 feet to the point of intersection with the Westerly Right-Of-Way line of Weld County Road (WCR) #31, also being 59th Avenue. Said point being the TRUE POINT OF BEGINNING: #2: THENCE continuing South 89°28'43" West along said South line a distance of 1587.10 feet to the Southeast Corner (SE Cor) of that parcel of land as described in the document recorded August 26, 1969 in Book 614 as Reception Number 1535903 of the records of the Weld County Clerk and Recorder (WCCR). From said point the Quarter Corner common to Section 33-T.6N.-R.66W. and Section 4-T.5N.-R.66W. bears South 89°28'43" West a distance of 1025.00 feet; #3: THENCE North 37°31'54" West along the Northeasterly line of the aforesaid parcel of land a distance of 1677.99 feet to the Northwest Corner(NW Cor) of the aforesaid parcel of land. Said point being on the West line of said E1/2 from which point the Quarter Corner common to Section 33-T.6N.-R.66W. and Section 4-T.5N.-R.66W. bears South 00°06'59" West a distance of 1340.00 feet; #4: THENCE North 00°06'59" East along said West line a distance of 1340.18 feet to the Center Quarter Corner for Section 33-T.6N.-R.66W.; #5: THENCE continuing North 00°06'59" East along the West line of said E1/2 a distance of 949.70 feet to the Southwest Corner (SW Cor) of that parcel of land as described in the document recorded November 17, 1928 in Book 861 on Page 245 of the records of the WCCR. From said point the Center-North Sixteenth Corner for Section 33-T.6N.- R.66W. bears North 00°06'59" East a distance of 395.00 feet (Rec. North 02°50' East a distance of 395.00 feet); THENCE along the Southerly line of the aforesaid parcel of land by the following Six (6) courses and distances: #6: South 86°22'46" East a distance of 372.00 feet(Rec.North 85°30' West, 372 feet); #7: South 62°36'46" East a distance of 325.00 feet (Rec. North 61°44" West, 325 feet); #8: South 81°32'46" East a distance of 160.00 feet (Rec.North 80°40' West, 160 feet); 1111111 I'lll OBI HI EN III BIB III 11111 IIII IIII 2648960 10/26/1998 01:16P Weld County CO 9 of 10 R 0.00 D 0.00 JR Suitt Taukamoto 9 / 7Y 3 #9: North 68°22'14" East a distance of 208.00 feet (Rec. South 69°15" West, 206 feet); #10: North 42°07'14" East a distance of 112.00 feet (Rec. South 43°00' West, 112 feet); #11: North 27°37'14" East a distance of 280.00 feet (Rec. South 28°30' West, 280 feet); #12: North 51°42'14" East (Rec. South 52°35' West) a distance of 133.63 feet to a point on the East line of the Southwest Quarter of the Northeast Quarter (SW1/4 NE1/4) of said Section 33; #13: THENCE North 00°07'08" East along said East line a distance of 128.05 feet to the Northeast Sixteenth Corner for said Section 33; #14: THENCE North 88°49'14" East along the North line of the Southeast Quarter of the Northeast Quarter(SE1/4 NE1/4) a distance of 1290.99 feet to the point of intersection with the Westerly ROW line of the aforesaid WCR#31, also being 59th Avenue; THENCE along said Westerly ROW line by the following Two (2) courses and distances: #15: South 00°07'18" West a distance of 1363.28 feet; #16: South 00°06'03" West a distance of 2691.58 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 212.649 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 described parcel of land. 1111111111111111111111111111111111111111lllill111'lll 10 of 10 R 0.00 D 0.00 JA Sukl Tsukamoio Y/ 7?3 111111 HMSO 111111 11111IIIIIIII 2849512 10/27/1998 04:26P Weld County CO 1 of 4 R 21.00 D 0.00 JA Sukl Tsukamoto WARRANTY DEED THIS DEED, Made this 21st day of October, 1998 between Windon H. Davis and Betsy Davis also known as Betsy L. Davis of the County of Weld and State of Colorado, grantor, and County of Weld, a body politic and corporate of the State of Colorado whose legal address is 915 10th Street, Greeley, Colorado 80631 of the County of Weld and State of Colorado, grantees: WITNESSETH That the grantor for and in consideration of the sum of SEVEN HUNDRED ONE THOUSAND FIVE HUNDRED AND 00/100, ($701,500.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate,lying and being in the County of Weld and State of Colorado, described as follows: N° SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF 04/also known by street and number as vacant, Greeley, Colorado 80631 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 grantor, 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, his heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes for 1998 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on/ the date set forth above. L(--. Gu dean // • /L.. Windon H. Davis ^sy � / L Betsy Dave also known as Betsy L. Davis STATE OF COLORADO } ss. The foregoing insstr'"ument was acknowledged before County of Weld } me this 21st day of October, 1998 by Windon H. Davis and Betsy Davis also known as Betsy L. Davis Witness my hand and official seal. _ My commission expires August 9, 1999 e OO byQ , L7; y c 0 U NOTARY PUBLIC %•�:, ,, *r Q 1113 Tenth Avenue No. 932 % .fev. 71.84/ 49 . Greeley, Colorado 80631 41 .,eI 01N M.w aoo "EXHIBIT A" LEGAL DESCRIPTION A parcel of land being part of the E1/2 of Section 33 , Township 6 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado and being more particularly described as follows: Beginning at the East Quarter corner of said Section 33 and assuming the East line of the SE1/4 of said Section 33 as bearing South 00 degrees 06 minutes 03 seconds West, as determined by GPS observation, a distance of 2691.25 feet with all other bearings contained herein relative thereto; thence South 00 degrees 06 minutes 03 seconds West along said East line a distance of 1285.58 feet; thence North 65 degrees 36 minutes 33 seconds West a distance of 198 .82 feet; thence North 83 degrees 48 minutes 20 seconds West a distance of 63 .87 feet; thence South 73 degrees 18 minutes 50 seconds West a distance of 110.57 feet; thence South 68 degrees 29 minutes 41 seconds West a distance of 168 . 01 feet; thence South 84 degrees 32 minutes 09 seconds West a distance of 48 .92 feet; thence South 74 degrees 31 minutes 55 seconds West a distance of 208.77 feet; row— iEE o p thence South 85 degrees 36 minutes 23 seconds West a distance of 58.54 -^3=-- feet to the North line of the SE1/4 of the SE1/4 of said Section 33 ; a ram.thence South 89 degrees 21 minutes 31 seconds West along the North line �..� of said SE1/4SE1/4 a distance of 125.87 feet to the Northwest corner of m_ the parcel of land as recorded in Book 87 at Page 119 of the records of m c� the Weld County Clerk and Recorder (WCCR) ; a thence along the Northwesterly and Westerly line of the aforesaid parcel m m C of land by the following 6 courses and distances: thence South 46 degrees 25 minutes 35 seconds West a distance of 85. 07 _ feet; m thence South 21 degrees 24 minutes 29 seconds West a distance of 130. 91 N v� feet; thence South 34 degrees 43 minutes 52 seconds West a distance of 99.83 _4°-a• feet; o thence South 50 degrees 44 minutes 52 seconds West a distance of 28. 54 ITSEEE feet; thence South 64 degrees 12 minutes 59 seconds West a distance of 132 . 69 0 feet; thence South 34 degrees 21 minutes 14 seconds West a distance of 129.28 ilia feet to the West line of said SE1/4SE1/4; — thence South 00 degrees 06 minutes 31 seconds West along said West line a distance of 31.88 feet; thence South 47 degrees 02 minutes 14 seconds West a distance of 81.43 feet; thence South 81 degrees 09 minutes 48 seconds West a distance of 105.54 feet; thence North 89 degrees 03 minutes 07 seconds West a distance of 98 . 91 feet; thence South 82 degrees 31 minutes 43 seconds West a distance of 81.73 feet; thence South 79 degrees 50 minutes 56 seconds West a distance of 55. 39 feet; thence North 79 degrees 26 minutes 57 seconds West a distance of 151.29 feet; thence South 88 degrees 43 minutes 45 seconds West a distance of 93 .89 feet; thence North 86 degrees 13 minutes 45 seconds West a distance of 109.82 feet; thence North 57 degrees 59 minutes 06 seconds West a distance of 35.88 feet; thence North 43 degrees 52 minutes 48 seconds West a distance of 43 . 07 feet; thence North 27 degrees 36 minutes 46 seconds West a distance of 168. 18 feet; thence North 35 degrees 14 minutes 45 seconds West a distance of 48 . 61 feet; thence North 49 degrees 48 minutes 52 seconds West a distance of 84 . 62 feet; thence North 52 degrees 53 minutes 31 seconds West a distance of 59. 95 feet; thence North 51 degrees 49 minutes 36 seconds West a distance of 127. 58 feet; thence North 41 degrees 14 minutes 47 seconds West a distance of 70. 71 feet; thence North 49 degrees 26 minutes 50 seconds West a distance of 38. 60 feet; thence North 75 degrees 53 minutes 29 seconds West a distance of 118.00 feet to the West line of said SE1/4; thence North 00 degrees 06 minutes 59 seconds East along said West line (au— a distance of 1340. 18 feet to the Center Quarter Corner; o W� thence continuing North 00 degrees 06 minutes 59 seconds East along the w= West line of the SW1/4 of the NE1/4 of said Section 33 a distance of rommo 949.70 feet to the Southwest corner of that parcel of land as recorded rum-— November 17, 1929 in Book 861 at Page 245 of the records of the WCCR; w� thence along the Southerly line of the aforesaid parcel of land by the mz! following 7 courses and distances: 0 oa thence South 86 degrees 22 minutes 46 seconds East a distance of 372 . 00 am— feet; m ai thence South 62 degrees 36 minutes 46 seconds East a distance of 325. 00 y•. feet; PJ nab— thence South 81 degrees 32 minutes 46 seconds East a distance of 160. 00 c£— Peet; r.:!.m :hence North 68 degrees 22 minutes 14 seconds East a distance of 208 . 00 Peet; " 'IEEE : cohence North 42 degrees 07 minutes 14 seconds East a distance of 112 . 00 7r • 7 — �.c� :hence North 27 degrees 37 minutes 14 seconds East a distance of 280. 00 O g eet; _ :hence North 51 degrees 42 minutes 14 seconds East a distance of 133 . 63 _ `eet to the East line of said SW1/4NE1/4 : mom :hence South 00 degrees 07 minutes 08 seconds West along said East line i distance of 22 . 15 feet; .:.hence North 45 degrees 41 minutes 18 seconds East a distance of 23 . 67 feet; thence North 63 degrees 50 minutes 04 seconds East a distance of 160. 13 feet; thence North 89 degrees 27 minutes 09 seconds East a distance of 111.78 feet; thence South 69 degrees 10 minutes 57 seconds East a distance of 100.49 feet; thence South 82 degrees 35 minutes 30 seconds East a distance of 137. 65 feet; thence South 68 degrees 11 minutes 03 seconds East a distance of 165.91 feet; thence South 28 degrees 52 minutes 32 seconds East a distance of 43 . 94 feet; thence South 00 degrees 01 minutes 09 seconds West a distance of 64 . 33 feet; thence South 13 degrees 38 minutes 37 seconds West a distance of 324 .59 feet; thence South 19 degrees 34 minutes 19 seconds West a distance of 161. 03 feet; thence South 50 degrees 43 minutes 54 seconds West a distance of 131.36 feet; thence South 13 degrees 02 minutes 26 seconds West a distance of 216.42 feet; thence South 03 degrees 58 minutes 35 seconds West a distance of 72 . 67 feet; thence South 53 degrees 47 minutes 20 seconds East a distance of 186. 22 feet; thence South 48 degrees 59 minutes 56 seconds East a distance of 99.79 feet; thence South 70 degrees 38 minutes 59 seconds East a distance of 83 . 64 feet; thence North 76 degrees 48 minutes 39 seconds East a distance of 63 . 20 feet; thence North 37 degrees 38 minutes 04 seconds East a distance of 75. 14 feet; thence North 43 degrees 25 minutes 09 seconds East a distance of 135. 70 feet; thence North 27 degrees 34 minutes 07 seconds East a distance of 164.81 feet; thence North 39 degrees 43 minutes 50 seconds East a distance of 35. 09 feet; thence North 43 degrees 58 minutes 58 seconds East a distance of 170. 63 feet; thence North 63 degrees 44 minutes 07 seconds East a distance of 63 .90 feet; thence South 54 degrees 56 minutes 20 seconds East a distance of 51.90 feet to the Westerly line of that parcel of land as recorded October 29, 1996 in Book 1574 as Reception No. 2517822 of the records of the WCCR; thence along the Westerly, Southerly, and Easterly line of the aforesaid parcel of land by the following 6 courses and distances: thence South 00 degrees 05 minutes 31 seconds West a distance of 324 .98 feet; thence South 07 degrees 30 minutes 06 seconds East a distance of 413 . 30 feet; thence South 00 degrees 05 minutes 51 seconds West a distance of 254 .59 feet; thence North 89 degrees 37 minutes 26 seconds East a distance of 20. 12 feet to the Westerly right-of-way line of Weld County Road No. 31, also being the Westerly right-of-way line of 59th Avenue; thence along said Westerly right-of-way lines by the following 2 courses and distances; thence North 00 degrees 06 minutes 03 seconds East a distance of 502 .42 feet; thence North 00 degrees 07 minutes 18 seconds East a distance of 433 . 60 feet; thence South 63 degrees 37 minutes 04 seconds East a distance of 33 .45 feet to the East line of the SE1/4 of the NE1/4 of said Section 33; thence South 00 degrees 07 minutes 18 seconds West along the East line of said SE1/4NE1/4 a distance of 418 . 79 feet to the Point of Beginning. EXCEPTING THEREFROM a parcel of land conveyed to Union Colony of Colorado by deed recorded in Book 87 at Page 119. ALSO EXCEPTING THEREFROM a parcel of land conveyed to City of Greeley by deed recorded October 29, 1996 in Book 1574 as Reception No. 2517822 . ALSO EXCEPTING THEREFROM a parcel of land conveyed by deed recorded in Book 163 at Page 486. Name and address of person creating newly created legal description (38-35-106. 5, C.R. S. ) King Surveyors, Inc. 9299 Eastman Park Drive Windsor, CO 80550 1111111MAID 111111 IMAM III 11111 II11 2649512 10/27/1998 04:26P Weld County CO 4 of 4 R 21.00 D 0.00 JR Sukl Teukamoto REAL PROPERTY TRANSFER DECLARATION (TD-1000) GENERAL INFORMATION Purpose: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. Refer to 39-14-102(4) , Colorado Revised Statutes (C.R.S.) . Requirements: All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor (seller) or grantee (buyer) . Refer to 39-14-102(1) (a) , C.R.S. Penalty for Noncompliance: Whenever a Real Property Transfer Declaration does not accompany the deed, the clerk and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration be returned within thirty days after the notice is mailed. If the Real Property Transfer Declaration is not returned to the county assessor within the thirty days of notice, the assessor may impose a penalty of $25.00 or .025% (.00025) of the sale price, whichever is greater. This penalty may be imposed for any subsequent year that the buyer fails to submit the declaration until the property is sold. Refer to 39-14-102(1) (b) , C.R.S. Confidentiality: The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer. However, it is only available to the seller if the seller filed the declaration. Information derived from the Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law. Refer to 39-5-121 .5, C.R.S. and 39-13-102(5) (c) , C.R.S. 1 . Address and/or legal description of the real property sold: Please do not use P.O. box numbers. vacant, Greeley, Colorado 80631 SEE ATTACHED LEGAL 2. Type of property purchased: Single Family Residential Townhome Condominium _Multi-Unit Res - Commercial Industrial Agricultural Mixed Use LVacant Land - Other 3. Date of Closing: October 21, 1998 4. Total sale price: Including all real and personal property. $ •tousoo_oo 5. Was any personal property included in the transaction? Personal property would include, but is not limited to, carpeting, drapes, free standing appliances, equipment, inventory, furniture. If the personal property is not listed, the entire purchase price will be assumed to be for the real property as per 39-13-102, C.R.S. Yes )_(__No If yes, approximate value $_ Describe 6. Did the total sale price include a trade or exchange of additional real or personal property? If yes, give the approximate value of the goods or services as of the date of closing. Yes No If yes, value $ IT yes,-does this transaction involve a trade under IRS Code Section 1031? Yes K_No 7. Was 100% interest in the real property purchased? Mark "no" if only a partial interest is being purchased. &Yes No If no, interest purchased _ %. 8. Is this a transaction among related parties? Indicate whether the buyer or seller are related. Related parties include persons within the same family, business affiliates, or affiliated corporations. _Yes x No .//753 9. Check any of the fol; ing that apply to the conditioi f the improvements at the time of purchase. New Excellent Good Average _Fair _Poor Salvage. If the property is financed, please complete the following. 10. Total amount financed. $ 11. Type of financing: (Check all at apply) New Assumed Seller hird Party Combination; ExpTiin 12. Terms: Variable; Starti interest rate _ Fixed; Interest ate % tingth of time years Balloon paym t _ es _ o. If yes, am nt Due date 13. Please explain any special terms, seller concessions, or financing and any other information that would help the assessor understand the terms of sale. For properties other than residential (Residential is defined as: single family detached, townhomes, apartments and condominiums) please complete questions 14-16 if applicable. Otherwise skip to #17 to complete. 14. Did the purchase price include a franchise or license fee? _Yes licNo If yes, franchise or license fee value $_ 15. Did the purchase price involve an installment land contract? _Yes (No If yes, date of contract 16. If this was a vacant land sale, was an on-site inspection of the property conducted by the buyer prior to the closing? tYes _No Remarks: Please include any additional information concerning the sale you may feel is important. 17. Signed this day of , 19 Enter the day, month and year, have at least one of the parties to the transaction sign the document, and include an address and a daytime phone number. Please designate buyer or seller. Signature of Grantee (Buyer)_ or Grantor (Seller)_ (_r) Address (mailing) DIY/file Phone City, State and Zip Code 9S> 783 REAL ESTATE WATER AND SEWER AGREEMENT Escrow No. : 8044790 It is hereby understood and agreed between the purchaser(s) and seller(s) of property known as: vacant, Greeley, Colorado 80631, that as of the date of closing the water Per verbal information from Buyers and Sellers ACCOUNT IS: None BASED ON THE ABOVE INFORMATION: Escrow Agent HAS NOT ADJUSTED FOR WATER AND SEWER, ADJUSTMENT AS REQUIRED, WILL BE MADE BETWEEN PARTIES AND ARE NOT A PART OF THIS ESCROW. IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PURCHASERS AND SELLERS THAT THIS IS A FINAL SETTLEMENT AND HEREBY RELIEVE ESCROW AGENT OF ALL FURTHER LIABILITY AND RESPONSIBILITY. This Agreement executed this 21st day of October, 1998 APPROVED AND ACCEPTED: Purchaser(s) Seller(s) County of Weld, a body politic and - i �r corporat of the State of Colorado Windo/npHH. Davis/// Zcy� es` Betsy la s also known as Betsy L. Davis C ns ance . arbert, Chiirm "'krt cz J qP 253 . . . .. ........ . REAL ESTATE TAX AGREEMENT Escrow No. : 8044790 It is hereby understood and agreed between the purchaser(s) and seller(s) of property known as: vacant Greeley, Colorado 80631 that taxes for the current year have been adjusted as of this date as follows: BASIS FOR PRORATION Taxes have been prorated on the basis of the previous year's taxes in the amount of $850.50. AGREEMENT FOR READJUSTMENT The above tax proration is considered to be final settlement. ASSESSMENTS It is further understood and agreed between the purchasers and the sellers that: Special improvements now in are paid in full . OTHER THAN TAX INFORMATION DISCLOSED ON THE CERTIFICATE OF TAXES DUE, THE INFORMATION ABOVE WAS OBTAINED BY TELEPHONE FROM THE COUNTY ASSESSOR'S/TREASURER'S OFFICE AND/OR APPROPRIATE CITY AUTHORITY. WE ACKNOWLEDGE THAT TRANSNATION TITLE INSURANCE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY READJUSTMENT OF TAXES AFTER CLOSING. WE HEREBY RELEASE TRANSNATION TITLE INSURANCE COMPANY FROM ANY AND ALL LIABILITY FOR THE ACCURACY OF THE VERBAL OR WRITTEN INFORMATION RECEIVED. APPROVED AND ACCEPTED: Purchaser(s) Seller(s) /Th County of Weld, a body politic and 1!i%u /V Ocr corporate of the State of Colorado rindon H. Davis g C „4K‘ l Betsy Davi a so known as Betsy L. Davis C nstance L. Harbert, Chairman This agreement executed this 21st day of October, 1998. ESCROW NO. : 8044790 Q8' 733 TRANSNATION TITLE INSURANCE COMPANY 1113 Tenth Avenue Greeley, CO 80631 (970) 352-2283 Escrow Officer: Kelly L. Belden Title No. : 8044790 Escrow Officer Date : October 21, 1998 BUYER'S CLOSING STATEMENT Buyer(s): County of Weld, a body politic and Seller(s): Windon H. Davis corporate of the State of Colorado Betsy Davis also known as Betsy L. Davis Property: vacant Greeley, Colorado 80631 Part of SE 1/4 8 S 1/2 NE 1/4 Section 33-6-66 (Call for Accurate Legal-King Surveyors) DEBIT CREDIT Contract Sales Price $701,500.00 PRORATIONS COUNTY TAXES 01/01/98 to 10/21/98 682.73 LENDER CHARGES: RESERVES TITLE CHARGES REAL ESTATE CLOSING FEE 87.50 TAX CERTIFICATES 30.00 RECORDING FEES, TRANSFER TAXES Warranty Deed 26.00 DOCUMENTARY FEE 70.15 ADDITIONAL CHARGES SUB TOTAL 701,713.65 682.73 RECEIPT DUE FROM BUYER 701,030.92 $701,713.65 4701,713.65 The above figures do not include sales or use taxes on personal property. THE ABOVE DEDUCTIONS, ADJUSTMENTS, DISBURSEMENTS ARE HEREBY AUTHORIZED AND APPROVED. County of Weld, a body politic and Broker corporate of the State of Colorado BY (/)(//f�1 �dn/ Ae,, n l By: / [.t/,o-fjvir , LLti ^�' Transnation Title Insurance Company Constance L. Harbert, Chairman/ /_„ I C� / By: Kelly L. Belden 9Si 783 TRANSNATION TITLE`INSURANCE CONPAJY Reliance Group Holdings Compa CLOSING INSTRUCTIONS THIS IS A LEGAL INSTRUMENT, IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. To: TRANSNATION TITLE RE: vacant INSURANCE COMPANY Greeley, Colorado 80631 1. Windon H. Davis and Betsy Davis also known as Betsy L. Davis (SELLER) and County of Weld, a body politic and corporate of the State of Colorado (PURCHASER) engage TRANSNATION TITLE INSURANCE CO. (CLOSING AGENT), who agrees to provide closing and settlement services in connection with the closing of the following described real estate in the County of Weld and State of Colorado, to wit: Part of SE 1/4 8 S 1/2 NE 1/4 Section 33-6-66 (Call for Accurate Legal-King Surveyors) also known as: vacant, Greeley, Colorado 80631 2. Closing Agent is authorized to obtain information and agrees to prepare, obtain deliver and record all documents, excluding preparation of legal documents, necessary to carry out the terms and conditions of the contract to buy and sell real estate, dated September 24, 1998, with ALL amendments and counterproposals attached (Contract), and made part of this document. 3. Legal documents will be prepared by Closing Agent at the expense of Buyer and Seller. 4. Closing Agent will receive a fee not to exceed $175.00 for providing these closing and settlement services to be the expense of equally between the parties. 5. Closing Agent is authorized to receive funds and to disburse funds when all funds received are either:available for immediate withdrawal as a matter of right from the financial institution in which the funds have been deposited or are available for immediate withdrawal as a consequence of an agreement of financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn("Good Funds"). 6. Closing Agent is not authorized to release any documents or things of value prior to receipt and disbursement of Good Funds, except as provided in paragraphs 12 and 13. 7. Closing Agent shall disburse all funds in closing except those funds as may be separately disclosed in writing to Purchaser and Seller by Closing Agent or Agent or Purchaser's lender on or before closing. 8. Seller will receive the net proceeds of closing as indicated: C 3 Closing Agent's Trust Account Check, Cx] Cashier's Check at Seller's expense, C ] Funds electronically transferred (wire transfer) to an account specified by the Seller, at Seller's expense. 9. Purchaser and Seller will furnish any additional information and documents required by Closing Agent which will be necessary to complete this transaction, and Purchaser and Seller further agrees to sign and complete all and customary required documents at closing to fulfill the Contract. 10. Closing Agent will prepare and deliver an accurate, complete and detailed closing statement to Purchaser and Seller at time of closing. 11. If requested by Closing Agent, earnest money deposit will be delivered to Closing Agent in sufficient time before closing to disburse Good Funds. 12. The Closing Agent is to comply with the instructions of the Purchaser's Lender regarding the payment of all real property taxes and special assessments, despite any provision in these printed Closing Instructions or the Sale and Purchase Agreement to the contrary. The parties agree to, and do hereby, hold Closing Agent and the title insurance company harmless regarding said real property taxes and special assessments paid or to be paid by others. 13. If closing does not occur, Closing Agent, except as provided herein, is authorized and agrees to return all documents, monies, and things of value to the depositing party and Closing Agent will be relieved from any further duty, responsibility or liability in connection with these instructions. In addition, any promissory note, deed of trust, or other evidence of indebtedness signed by Purchaser, shall be voided by Closing Agent, with the original(s) returned to Purchaser and copy to Purchaser's lender. 14. If any conflicting demands are made on the Closing Agent, at its sole discretion Closing Agent may hold any monies, documents, and things of value received from any party except Purchaser's lender, Closing Agent shall retain such items until (1) receipt of mutual written instruction from Purchaser and Seller; or (2) until a civil action between Purchaser and Seller shall have been finally concluded in a Court of competent jurisdiction; or (3) in the alternative, Closing Agent may, in its sole discretion, commence a civil action to interplead, or interplead in any existing civil action, any documents, monies or other things of value received by Closing Agent. Such deposit with the Court shall relieve Closing Agent of all further liability and responsibility and Closing Agent shall be entitled to all court costs and reasonable attorneys' fees. 15. These closing instructions may only be amended or terminated by written instructions signed by Purchaser, Seller and Closing Agent. 16. Special Instructions: APPROVED AND ACCEPTED Sellers) Purchaser(s) Closing Agent 1121-14-j-44 7✓ w,�tJ County of Weld, a body politic and By: Kelly L. Belden 10/21/98 Windon H. Davis corporat f the State of Colorado Betsy Davis so known as Betsy L. Davis Y i Co tance L. Harbert, Chairman 98'1 7g REAL ESTATE TAX AGREEMENT Escrow No. : 8044790 It is hereby understood and agreed between the purchaser(s) and seller(s) of property known as: vacant Greeley, Colorado 80631 that taxes for the current year have been adjusted as of this date as follows: BASIS FOR PRORATION Taxes have been prorated on the basis of the previous year's taxes in the amount of $850.50. AGREEMENT FOR READJUSTMENT The above tax proration is considered to be final settlement. ASSESSMENTS It is further understood and agreed between the purchasers and the sellers that: Special improvements now in are paid in full . OTHER THAN TAX INFORMATION DISCLOSED ON THE CERTIFICATE OF TAXES DUE, THE INFORMATION ABOVE WAS OBTAINED BY TELEPHONE FROM THE COUNTY ASSESSOR'S/TREASURER'S OFFICE AND/OR APPROPRIATE CITY AUTHORITY. WE ACKNOWLEDGE THAT TRANSNATION TITLE INSURANCE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY READJUSTMENT OF TAXES AFTER CLOSING. WE HEREBY RELEASE TRANSNATION TITLE INSURANCE COMPANY FROM ANY AND ALL LIABILITY FOR THE ACCURACY OF THE VERBAL OR WRITTEN INFORMATION RECEIVED. APPROVED AND ACCEPTED: Purchaser(s) Seller(s) County of Weld, a body politic and 4 y/ Ocr corporate of the State of Colorado Windon H. Davis 4U2*v r l/ 4J .. Betsy Daviasnownas Betsy L. Davis stance L. Harbert, Chairman This agreement executed this 21st day of October, 1998. ESCROW NO. : 8044790 Q8' 753 TRANSNATION TITLE INSURANCE COMPANY 1113 Tenth Avenue Greeley, CO 80631 (970) 352-2283 Escrow Officer: Kelly L. Belden Title No. : 8044790 Escrow Officer Date : October 21, 1998 BUYER'S CLOSING STATEMENT Buyer(s): County of Weld, a body politic and Seller(s): Windon H. Davis corporate of the State of Colorado Betsy Davis also known as Betsy L. Davis Property: vacant Greeley, Colorado 80631 Part of SE 1/4 8 S 1/2 NE 1/4 Section 33-6-66 (Call for Accurate Legal-King Surveyors) DEBIT CREDIT Contract Sales Price $701,500.00 PRORATIONS COUNTY TAXES 01/01/98 to 10/21/98 682.73 LENDER CHARGES: RESERVES TITLE CHARGES REAL ESTATE CLOSING FEE 87.50 TAX CERTIFICATES 30.00 RECORDING FEES, TRANSFER TAXES Warranty Deed 26.00 DOCUMENTARY FEE 70.15 ADDITIONAL CHARGES SUB TOTAL 701,713.65 682.73 RECEIPT DUE FROM BUYER 701,030.92 $701,713.65 4701,713.65 The above figures do not include sales or use taxes on personal property. THE ABOVE DEDUCTIONS, ADJUSTMENTS, DISBURSEMENTS ARE HEREBY AUTHORIZED AND APPROVED. County of Weld, a body politic and Broker corporate of the State of Colorado /�) mod^/ / By: BYy/ / 4 t/,�/w 1 Lf*�/'C�'�^ Transnation Title Insurance Company Constance L. Harbert, Chairman/ /., y (' ) By: Kelly L. Belden 9S, 783 TRANSNATION TITLE INSURANCE COMPANY A Reliance Group Holdings Company CLOSING INSTRUCTIONS THIS IS A LEGAL INSTRUMENT, IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. To: TRANSNATION TITLE RE: vacant INSURANCE COMPANY Greeley, Colorado 80631 1. Windon H. Davis and Betsy Davis also known as Betsy L. Davis (SELLER) and County of Weld, a body politic and corporate of the State of Colorado (PURCHASER) engage TRANSNATION TITLE INSURANCE CO. (CLOSING AGENT), who agrees to provide closing and settlement services in connection with the closing of the following described real estate in the County of Weld and State of Colorado, to wit: Part of SE 1/4 8 S 1/2 NE 1/4 Section 33-6-66 (Call for Accurate Legal-King Surveyors) also known as: vacant, Greeley, Colorado 80631 2. Closing Agent is authorized to obtain information and agrees to prepare, obtain deliver and record all documents, excluding preparation of legal documents, necessary to carry out the terms and conditions of the contract to buy and sell real estate, dated September 24, 1998, with ALL amendments and counterproposals attached (Contract), and made part of this document. 3. Legal documents will be prepared by Closing Agent at the expense of Buyer and Seller. 4. Closing Agent will receive a fee not to exceed $175.00 for providing these closing and settlement services to be the expense of equally between the parties. 5. Closing Agent is authorized to receive funds and to disburse funds when all funds received are either:available for immediate withdrawal as a matter of right from the financial institution in which the funds have been deposited or are available for immediate withdrawal as a consequence of an agreement of financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn("Good Funds"). 6. Closing Agent is not authorized to release any documents or things of value prior to receipt and disbursement of Good Funds, except as provided in paragraphs 12 and 13. 7. Closing Agent shall disburse all funds in closing except those funds as may be separately disclosed in writing to Purchaser and Seller by Closing Agent or Agent or Purchaser's lender on or before closing. 8. Seller will receive the net proceeds of closing as indicated: I ) Closing Agent's Trust Account Check, Ix) Cashier's Check at Seller's expense, l ) Funds electronically transferred (wire transfer) to an account specified by the Seller, at Seller's expense. 9. Purchaser and Seller will furnish any additional information and documents required by Closing Agent which will be necessary to complete this transaction, and Purchaser and Seller further agrees to sign and complete all and customary required documents at closing to fulfill the Contract. 10. Closing Agent will prepare and deliver an accurate, complete and detailed closing statement to Purchaser and Seller at time of closing. 11. If requested by Closing Agent, earnest money deposit will be delivered to Closing Agent in sufficient time before closing to disburse Good Funds. 12. The Closing Agent is to comply with the instructions of the Purchaser's Lender regarding the payment of all real property taxes and special assessments, despite any provision in these printed Closing Instructions or the Sale and Purchase Agreement to the contrary. The parties agree to, and do hereby, hold Closing Agent and the title insurance company harmless regarding said real property taxes and special assessments paid or to be paid by others. 13. If closing does not occur, Closing Agent, except as provided herein, is authorized and agrees to return all documents, monies, and things of value to the depositing party and Closing Agent will be relieved from any further duty, responsibility or liability in connection with these instructions. In addition, any promissory note, deed of trust, or other evidence of indebtedness signed by Purchaser, shall be voided by Closing Agent, with the original(s) returned to Purchaser and copy to Purchaser's lender. 14. If any conflicting demands are made on the Closing Agent, at its sole discretion Closing Agent may hold any monies, documents, and things of value received from any party except Purchaser's lender, Closing Agent shall retain such items until (1) receipt of mutual written instruction from Purchaser and Seller; or (2) until a civil action between Purchaser and Seller shall have been finally concluded in a Court of competent jurisdiction; or (3) in the alternative, Closing Agent may, in its sole discretion, commence a civil action to interplead, or interplead in any existing civil action, any documents, monies or other things of value received by Closing Agent. Such deposit with the Court shall relieve Closing Agent of all further liability and responsibility and Closing Agent shall be entitled to all court costs and reasonable attorneys' fees. 15. These closing instructions may only be amended or terminated by written instructions signed by Purchaser, Seller and Closing Agent. 16. Special Instructions: APPROVED AND ACCEPTED Sellers) Purchaser(s) Closing Agent ///.,U-l-4 A° 7y ' 79�,tto County of Weld, a body politic and By: Kelly L. Belden 10/21/98 Windon H. Davis lf corporat f the State of Colorado C(4/(-4799 _T107- v r tt5 Y Co Lance L. Harbert, Chairman oi 9y) 7Y-3 Hello