HomeMy WebLinkAbout971254.tiff I - r. -r.irt1ILsAi' If l'H(A'GR'1'Y- - - - - - - - - - - - - - - - - - - - - - - - - -
David B. Orr
Kimberly K. Orr
buyer(s) [Buyer(, (as joint tenants/ /t7ch.ii 6r/Waiol) egrets to buy, and the mdersi rued seller(s)s
6 rO Seller], agrees to sell, the terms and
conditions set forth in this contract, the following described real estate in the County of Weld , Colorado, to wit:Lot "A" of Recorded Exemption RE-1979, being part of SW4, Sec. 23, T2N, R64W of 6th
P.M. (legal description to be set forth in final recorded plat of the property)
known as No. 28017 WCR 18 Keenesburg CO 80643
Street Address City Stu le Zip
together with all interest of Seller in vacated streets and alleys adjacent thereto, all easements and other appurtenances thereto, all improvements
thereon and all attached fixtures thereon, except as herein excluded (collectively the Property).
2. INCLUSIONS/EXCLUSIONS. The purchase price includes the following items (a) if attached to the Property on the date of
this contract: lighting, heating, plumbing, ventilating, and air conditioning fixtures, TV antennas, water softeners, smoke/tire/burglar alarms,
security devices, inside telephone wiring and conneeting blocks/jacks, plants, mirrors, floor coverings, intercom systems, built-in kitchen
appliances, sprinkler systems and controls, built-in vacuum systems (including accessories), and garage door openers including n/a remote controls;
(b) if on the Property whether attached or not on the date of this contract: storm windows, storm doors, window and porch shades, awnings, blinds,
screens, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves, storage sheds, all keys and (e)
propane tanks how on premises if owned by Seller, otherwise Buyers to assume lease(s) ,
all fences, gates, pumps, motors, controls, all appliances now on the premises and
owned by Seller, one mobile home (model, year, and serial number TBD) to be conveyed
by title.
(d) Water Rights. Purchase price to include the following water rights:
All water and water rights, surface and ground water rights, including but not limited
to one domestic well registered under permit No. 1-62-001709.
(e) Growing Crops.With respect to the growing crops Seller and Buyer agree as follows:
n/a
The above-described included items (Inclusions) are to be conveyed to Buyer by Seller by bill of sale, General Warranty
dcrd or other applicable legal instrument(s) at the closing, free and clear of all taxes, liens and encumbrances, except as provided in Section 12. The
following attached fixtures are excluded from this sole:
All poultry feeders, waterers, equipment, and incubator now owned by Seller and
ocated on the premises. NOTE: Purchaser sha.11 be allowed to move and store all
aforementioned equipment on a site (indoors or out) of the Buyer's choice. Said
equipment may be stored for a period of 6 months from date of closing after which
Seller agrees to have property removed from the premises. This storage agreement
shall survive the closing hereon and may be extended by mutual agreement for an
additional 6 months.
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3. PURCHASE PRICE AND TERMS. Tim purchase price shall be $ 180. 000 , payable in U.S. dollars by Buyer as
follows. (Complete the applicable terms below.)
(a) Earnest Money.
$ 2. 000 in the form of personal check , as earnest money deposit and part payment of the purchase price,
payable to and held by J.L. Sears & Associates. Inc. ,broker,
in its trust account on behalf of both Seller and Buyer. Broker is authorized to deliver the earnest money deposit to the closing agent, if any,
at or before closing.
The balance of$ 1 78.000 (purchase price less earnest money)shall be paid as follows:
(h) Cash at Closing.
$ 178. 000 , plus closing costs, to be paid by Buyer at closing in limds which comply with all applicable Colorado laws, which
include cash, electronic transfer hinds, certified check, savings and loan teller's check, and cashier's check (Good Funds). Subject to the provisions
of Section 4, if the existing loan balance at the time of closing shall be different from the loan balance in Section 3, the adjustment shall be made
in Good Funds at closing or paid as follows:
NOTE: balance of purchase price to be in the form of a loan from a lender of Buyer's
choice and under terms and conditions acceptable to Buyer, at Buyer's sole
determination. Buyer's represent that they have made preliminary loan application and
have received initial pre-qualification pending conditions of the contract and
conditioned upon approval of a Use By Special Review from Weld County officials. If a
loan is not available by date of closing, this contract shall terminate and earnest
,rrinted portions of this form have been approved by the Colorado Real Estate Commission.(CBS3-7-96)
CesS3.7.96. VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE [FINANCING SECTIONS OMITTED]
RealFA$T®Forms,Box 4700,Frisco,CO 80443, Version 5.5,®RealFA$T®,1997;Reg#TCOCOL222423
Completed by-Kirk Goble,Broker,J.L.Sears&Associates,Inc.
03/19/97 10:33:24 Page 1 of 5
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 retlecled by the 'title Documents accepted by Buyer in
accordance with subsection 9(a), (iii) those rights, il' any, of third parties in the Property not shown by the public rewords in accordance with
subsection 9(b), (iv) inclusion of the hope rty within any special taxing district, (v) subject to building and zoning regulations.
printed portions of this form have been approved by the Colorado Real Estate Commission.(CBS3-7-96)
._53-7-96. VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE [FINANCING SECTIONS OMITTED]
RealFAST®Forms,Box 4700,Frisco,CO 80443, Version 5.5,®ReaIFA$T®,1997;Reg#TCOCOL222423
Completed by-Kirk Goble,Broker,J.L.Sears&Associates,Inc.
03/19/9710:33:24 Page 2 of 5
971254
13. PAYMENT OF ENCUMBRANCES Any encumbrance required to be paid shall be paid at or before closing from the proceeds of this
transaction or from any other source.
•
14. CLOSING COSTS,DOCUMENTS AND SERVICES. Buyer and Seller shall pay, in Good Funds, their respective closing costs and all
'filer items required to be paid at closing, except as otherwise provided herein. Buyer and Seller shall sign and complete all customary or required
'cements at or before closing. Fees for real estate closing services shall not exceed $ 1.30 and shall he paid at closing by
1/2 by Brayer. 1/2 by Seller 'Theloe:altransferlaxol' n/ae�
closin b er to of the purchase price shall be paid at
gby Ay - past doe fee of 4pprox. 510. 00 . Any sales and use tax that may accrue because of this
transaction shall be paid when due by al/a
15. PRORATIONS. General taxes for the year of closing, based on the taxes feu the calendar year immediately preceding closing, rents, water
and sewer charges, owner's association dues, and interest on continuing loan(s), if any, and
none other, except rents to be pro—rated to date of closing, and damage deposits to be
transferred to buyers.
shall be prorated to date of closing.
16. POSSESSION. Possession of the Property shall be delivered to Buyer as follows:
upon date of closing and delivery of deed.
subject to the following lease(s) or tenancy(s):
existing leases in dwellings which buyers agree to assume , subject to review and
approval of said leases by buyer by no later than May 1, 1997.
If Seller, alter closing, fitils to deliver possession on the date herein specified, Seller shall be subject to eviction and shall he additionally
liable to Buyer for payment of$ n/a per day from the dale of agreed possession until possession is delivered.
17. CONDITION OF AND DAMAGE TO PROPERTY. Except as otherwise provided in this contract, the Property and Inclusions shall be
delivered in the condition existing as of the date of this contract, ordinary wear and tear excepted. In the event the Property shall b: damaged by tire
or other casualty prior to time of closing, in an amount of not more than fen 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 lime 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 he entitled to
credit for all the insurance proceeds resulting from such damage to the Property and Inclusions, not exceeding, however, the total purchase price.
Should any Inclusion(s) or service(s) fail or be damaged between the date of this contract and the date of closing or the dale of
ossession, whichever shall be earlier, then Seller shall be liable for the repair or replacement of such Inclusion(s) or service(s) with a unit of
,nilar size, age and quality, or an equivalent credit, less any insurance proceeds received by Buyer covering such repair or replacement. The risk of
loss for any damage to growing crops, by fire or other casualty, shall be borne by the party entitled to the growing crops, if any, as provided in Section
2 and such party shall be entitled to such insurance proceeds or benefits for the growing crops, if any.
1R. 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 he the following remedies:
(a) IF BUYER IS IN DEFAULT: (Check one box only.)
®(1) Specific Performance. Seller may elect to treat this contract as cancelled, in which case all payments and things of value reccivcl
hereunder shall he 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 perlornuoree or damages, or both.
❑(2) Liquidated Damages All payments and things of value received hereunder shall be forfeited by Buyer and retained on behalf of Seller
and both parties shall thereafter be released from all obligations hereunder. It is agreed that arch payments and things of value arc LIQUIDATED
DAMAGES and (except as provided in subsection (e)) are SELLER'S SOLE AND ONLY REMEDY for Buyer's lihilure to perform the obligations
of this contract. Seller expressly waives the remedies of specific performance and additional damages.
(h) IF SELLER IS IN DEFAULT: Buyer may elect to treat this contract as cancelled, in which case all payments and things of value received
hereunder shall be returned and 13uyer may recover such damages as may be proper, or Buyer may elect to treat this contract as being in
fill force and effect and Buyer shall have the right to specific perfommuee or damages, or both.
(c) COSTS AND EXPENSES, Anything to the contrary herein notwithstanding, in the event of any arbitration or litigation arising out of this
contract, the arbitrator or court shall award to the prevailing party all reasonable costs and expenses, including attorney fees.
19. EARNEST MONEY DISPUTE. Notwithstanding any termination of this contract, Buyer and Seller agree that, in the event of any
controversy regarding the earnest money and things of value held by broker or closing agent, unless mutual written instructions are received by the holder
of the earnest money and things of value, broker or closing agent shall not be required to take any action but may await any proceeding, or at broker's
or closing agent's option and sole discretion, may interplead all parties and deposit any moneys or things of value into a court of competent
jurisdiction and shall recover court costs and reasonable attorney fees.
20. ALTERNATIVE DISPUTE RESOLUTION: MEDIATION. If a dispute arises relating to this contract, and is not resolved, the
parties and broker(s) involved in arch dispute (Disputants) shall first proceed in good faith to submit thte 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
'hilly (30) calendar days from the date written notice requaesling mediation is sent by one Disputant to the other(s), the mediation, unless otherwise
,reed, shall terminate. This section shall not alter any date in this contract,unless otherwise agreed.
21. ADDITIONAL PROVISIONS: (The language of these additional provisions has not been approved by the Colorado Real Estate Commission).
A. This contract is contingent upon approval of a Use By Special. Review from Weld
County Officials for this site for the intended purposes set forth by the buyers.
Stated intended purpose is for use as a storage facility. Said USR to be at Buyer's
sole efforts and expense, however Seller agrees to cooperate as needed to accommodate
the application process, if necessary. It is estimated that the process may take up
to 120 days. Should the USR not be approved by time of closing, this contract shall
automatically be extended an additional 30 days to accommodate same. If said USR is
not approved, this contract shall terminate and all earnest monies promptly returned
to Buyers.
orinted portions of this form have been approved by the Colorado Real Estate Commission.(CBS3-7-96)
,3.796. VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE [FINANCING SECTIONS OMITTED)
RealFAET®Forms,Box 4700,Frisco,CO 80443, Version 5.5,®RealFA$T®,1997;Reg&TCOCOL222423
Completed by-Kirk Goble,Broker,J.L.Sears&Associates,Inc.
03/19/97 10:33:24 Page 3 of 6
971251
B. Facsimile signatures shall be considered legal and binding with regard to this
contract, provided original signatures are made available at or before closing.
.:. "n/a" should be interpreted as not applicable.
D. Records indicate that the dwellings on this property were constructed prior to
1978. Buyer and Seller acknowledge that Federal law establishes requirements to
regulate disclosure of lead-based paint hazards in the sale of pre-1978 residential
property. If applicable to this contract, Buyer and Seller agrees to cooperate and
comply with the provisions of the law.
22. RECOMMENDATION OF LEGAL COUNSEL. By signing this document, Buyer and Seller acknowledge that the Selling Company
or the Listing Company has advised that this document has important legal consequences and has recommended the examination of title and consultation
with legal and tak or other counsel before signing this contract.
23. TERMINATION.hn the event this contract is terminated, all payments and things of value received hereunder shall be returned
and the parties shall be relieved of all obligations hereunder, subject to Section 19.
24. SELLING COMPANY BROKER RELATIONSHIP. The selling broker,
J.L. Sears & Associates. Inc. and its salespersons
have been engaged as transaction broker
Selling Company has previously disclosed in writing to the Buyer that different relationships arc available which include buyer agency, seller agency,
subagency, or transaction-broker.
25. NOTICE TO BUYER. Any notice to Buyer shall be effective when received by Buyer, or, if this box is checked ® when received by
Selling Company.
26. NOTICE TO SELLER. Any notice to Seller shall be effective when received by Seller or Listing Company.
27. MODIFICATION OF THIS CONTRACT. No subsequent modification of any of the terms of this contract shall be mulid, binding upon the
parties,or enforceable unless made in writing and signed by the parties.
28. ENTIRE AGREEMENT. This contract constitutes the entire contract between the parties relating to the subject hereof, and any prior
agreements pertaining thereto, whether oral or written, have been merged and integrated into this contract.
29. NOTICE OF ACCEPTANCE: COUNTERPARTS. This proposal shall expire unless accepted in writing, by Buyer and Seller, as
evidenced by their signatures below, and the oflbring party receives notice of such acceptance on or before March 20, 1997
(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 pa
BUYER G l(//)
/6.? a/7 DATE 7/ /9
?David B. Orr
580 So. Pine / P.O. Box 132, Keenesburg, CO 80643
Home $: 303-732-0812 BUYER , ,[� / at& DATE 3//J
/9/9 7
Kimberly K. Orr
580 So. Pine / P.O. Box 132, Keenesburg, CO 80643
Home I: 303-732-0812
Diamond Peak Properties, LLC
6221 N. County Road 15, Fort Collins, CO 80524
Home\- 970-48 "�7
ELLER \\ Lire �,e3 DATE 194177
By: Merrier 8�
T. Moreng
/n/rt aY14
The undersigned Broker(s) acknowledges receipt of the earnest money deposit specified in Section 3, and Selling Company confirms
its Broker Relationship as set forth in Section 24.
Selling Company:
" minted portions of this form have been approved by the Colorado Real Estate Commission.(C853-7-96)
,3-7-96. VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE [FINANCING SECTIONS OMITTED]
ReaIFAET®Forms,Box 4700,Frisco,CO 80443, Version 5.5,®RealFA$T®,1997;Reg#TCOCOL222423
Completed by-Kirk Coble,Broker,J.L.Sears&Associates,Inc.
03/19/9710:33:24 Page 4 of 5
9'7125.
J.L. Sears & Associates, Inc.
190 Denver Avenue
Fort Lupton, CO 806 1
Phone: (30 ) 857- 9 0, Fax: (303) 857-4403
13y: frOX7
Signature Kirk Goble
Date
Listing Company J.L. Sears As 'ates, Inc.
By F?Signature; _------
Date
140 Denver Ave. . Ft. Lupton. Co 80631
Address Cit
Y State Zip
Phone 103-857-2930
Fax 303-857-9403
Note: Closing Instructions should be signed at the time this contract is signed.
•
•
T tinted portions of this form have been approved by the Colorado Real Estate Commission.(CBS34-96)
C .-7418. VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE [FINANCING SECTIONS OMITTED]
ReaIFA$TO Forms,Box 4700,Frisco,CO 80443, Version 5.5,CReaIFA$Ttn,1997;Rage TCOCOL222423
Completed by-Kirk Goble,Broker,J.L.Sears&Associates,Inc.
03/19/971013:24 Page 5 of 5
371234
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