HomeMy WebLinkAbout971973.tiff RESOLUTION
RE: APPROVE RESIDENTIAL CONTRACT TO BUY AND SELL REAL ESTATE AND
AUTHORIZE CHAIR TO SIGN - GOWANDA GRADER SHED
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 Residential 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 Scott J. and Karen L. Wilson, 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 Residential 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 Scott J. and Karen L. Wilson 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 8th day of September, A.D., 1997.
BOARD OF COUNTY COMMISSIONERS
'w GG 7çTY COLAT, ES hr"i Al,de r,,, S xter, Chair
WY8' 9 - 0 ; - Board
v ',ii1�•' a� -
.- "Pt
I ( ��J�1dae�c.cJL�JPiry e_f_t c.<
�"(( on�stance L. Harb , Pr -Tem
Deputlt � to the Board
Dale K. Hall
APPRO S TO RM:
EXCUSED DATE OF SIGNING (AYE)
Barbara J.J. Kirkmeyerir / )
n y Attorn y /�� t6 // /.�W. H. ester
971973
PR0014
Prepared by Douglas W.Wtndsheimer page 1
Scott Realty Company THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES
`7 r .1 AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR
1212 8th Avenue OTHER COUNSEL BEFORE SIGNING.
Greeley, Colorado 80631
(970) 352-1212 (970)352-1215 (Fax) RESIDENTIAL
® CONTRACT TO BUY AND SELL
REAL ESTATE
1. PARTIES AND PROPERTY. Thursday. September 4, 1997
SCOTTJ. WILSON AND KAREN L. WILSON
buyer(s)[Buyer], (as joint tenants/ tentiorn agrees to buy,and the undersigned seller(s)[Seller],agrees to sell,on the
terms and conditions set forth in this contract,the following described real estate in the County of Weld Colorado,to wit:
21248 PART SE4SW4SW4 SECTION21 TOWNSHIP 3N RANGE67W-ABOUT.04 ACRES BEING THAT PART OF THE
SE4SW4SW4 LYING SOUTH AND EAST OF THE PRESENT UPPR RIGHT OF WAY
known as No. 8233 HIGHWAY 66 PLATTVILLE _ COLORADO 80651
Street Address City State Zip
together with all interest of Seller in vacated streets and alleys adjacent thereto,all easements and other appurtenances thereto,all improvements
thereon and all attached fixtures thereon,except as herein excluded(collectively the Property).
2. INCLUSIONS/EXCLUSIONS. The purchase price includes the following items(a)if attached to the Property on the date of this
contract:lighting, heating,plumbing,ventilating,and air conditioning fixtures,TV antennas,water softeners,smoke/fire/burglar alarms,security
devices,inside telephone wiring and connecting blocks/jacks,plants,mirrors,floor coverings,intercom systems,built-in kitchen appliances,
sprinkler systems and controls,built-in vacuum systems(including accessories),and garage door openers including ANY remote controls;
(b)if on the Property whether attached or not on the date of this contract:storm windows,storm doors,window and porch shades, awnings,
blinds,screens,curtain rods,drapery rods,fireplace inserts,fireplace screens, fireplace grates,heating stoves,storage sheds,all keys and (c)
•-NONE OTHER--
The above-described included items(Inclusions)are to be conveyed to Buyer by Seller by bill of sale at the closing,free and clear of all taxes,
liens and encumbrances,except as provided in Section 12. The following attached fixtures are excluded from this sale:
--NONE--
3. PURCHASE PRICE AND TERMS. The purchase price shall be
$70,000.00 ,payable in U.S. dollars by Buyer as follows:(Complete the applicable terms below.)
(a) Earnest Money.
$600.00 in the form of PERSONAL CHECK ,as earnest money deposit and
part payment of the purchase price,payable to and held by SCOTT REALTY CO.
,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 $69,600.00 (purchase price less earnest money)shall be paid as follows:
(b) Cash at Closing.
$3 000.00 ,plus closing costs,to be paid by Buyer at closing in funds which comply with all applicable Colorado laws,which
include cash,electronic transfer funds,certified check,savings and loan teller's check and cashier's check(Good Funds).Subject to the
provisions of Section 4,if the existing loan balance at the time of closing shall be different from the loan balance in Section 3,the adjustment shall
be made in Good Funds at closing or paid as follows:
NOT APPLICABLE
(c) New Loan.
$66,5500.00 by Buyer obtaining a new loan. The loan shall be of the following type:(Check applicable boxes)
I X CONVENTIONAL X FIXED INTEREST RATE
FHA ADJUSTABLE INTEREST RATE
VA GRADUATED PAYMENT
OTHER
This loan will be secured by a(1st,2nd,etc.) FIRST deed of trust.
The loan may be increased to add the cost of mortgage insurance,VA funding fee and other items for a total loan amount not in excess of
$66,500.00 ,which shall be amortized over a period of 30 years at approximately $487.96 per month _
including principal and interest not to exceed 8.0000 %per annum, plus,if required by Buyer's lender,a monthly _ deposit
of 1/12 of the estimated annual real estate taxes,property insurance premium,and mortgage insurance premium. If the loan is an adjustable
interest rate or graduated payment loan,the monthly payments and interest rate initially shall not exceed the figures set forth above.
Loan discount points,if any,shall be paid to lender at closing and shall not exceed 0.0000 %of the total loan amount.
Notwithstanding the loan's interest rate,the first N/A loan discount points
shall be paid by NOT APPLICABLE
and the balance,if any,shall be paid by BUYER _.
Buyer shall timely pay a loan origination fee not to exceed 1.0000 %of the loan amount and Buyer's loan costs.
(d) Assumption. - Not Applicable
The printed portions of this form,except the(lalicized2NFFERENTIA TED)insertions,haveav been
naappoved by the Colorado al EstafPCommission(CBS 1-7-96)
Buyers initialer/re' Seller's initials- 04039724317050008
Scott Realty Company 10:27:46 09 4/97 s s-PROT V4.0 C 1993-1996 Qes,lnc.1-800-795-7759
971973
Prepared by Douglas W. VUlndsheimer page 2
(e) Seller or Private Third -Party Financing.- Not Applicable
4. FINANCING CONDITIONS AND OBLIGATIONS.
(a)Loan Application(s). If Buyer is to pay all or part of the purchase price as set forth in Section 3 by obtaining a new loan
or if an existing loan is not to be released at closing,Buyer,if required by such lender,shall make written application within
3 calendar days from acceptance of this contract.Buyer shall cooperate with Seller and lender to obtain loan approval,diligently and
timely pursue same in good faith,execute all documents and furnish all information and documents required by the lender,and,subject to
Section 3,timely pay the costs of obtaining such loan or lender consent.
(b) Loan Approval. If Buyer is to pay all or part of the purchase price by obtaining a new loan as specified in Section 3,this
contract is conditional upon lender's approval of the new loan on or before Tuesday, September 23, 1997
If not so approved by said date,this contract shall terminate.
(c) FHA/VA Provisions.
�o r tia o itesP� er dt c r e e nn c r hatppr nb of t�sit en ect he nhe de su ro oth;reef lblse ltehcteccm e u
Purchaser(Buyer)has been given in accordance with HUD/FHA or VA requirements a written statement by the Federal Housing Commissioner,
fet an Ainitt io1 1$iiD L r m&1t1 nit s info t a�protioivalje tit Pr elfyo n with f
f �{ (j 1 1e ur air( uyyff�r)fall a th(pr le ar(d o�itlod of�iro a ng h{co u m Ion f tie cintricti
y�thQut g t h gmgun(,o e isebi luatjpn.7h pgrai�yd lyati is prr d at to le ri tie rpawplu ;Te e g
a rt f u n n r n e o e im In re iT$1,.17fe-s otf$•„-r nte I n.,17$th c dl'tTdnl�FthrjP /jhe uta er
(Buyer)should satisfy imself erself t at a price an condition of the Property are acceptab e.
g(4 V . B path p'chime ppefalt®bt>ajning a®ew Algugf o ed o It ys a e tit er/7 4 �r1y h y
ro sI s t c r u s II of cu an ait/db rf u of ar es o e r e s be bli at to o I t
purchase o the roperty descrl ed erein, the contract purchase price or co excee s t e reasonable value of t e ro ert este lis ed the
t d t ttj in(btr on�urr ihep e abrhepriv�eg arl�oyio f�oc dipg yith e pon m at n Q(th c r hcgR )
eg d tit a u of he ea n le I e ab h b it ra m Ist tl f r f f f
(d) Existing Loan Review.- Not Applicable
(e) Assumption Balance.- Not Applicable
(f) Credit Information.- Not Applicable
6.APPRAISAL PROVISION. This Section 5 shall not apply if Buyer is to obtain a new FHA or VA loan.
(Check only one box) This Section 5 n SHALL P I SHALL NOT apply.
If this Section 5 applies,as indicated above,Buyer shall have the sole option and election to terminate this contract if the
purchase price exceeds the Property's valuation determined by an appraiser engaged by
BUYER . The contract shall terminate by the Buyer causing the Seller
to receive written notice of termination and a copy of such appraisal or written notice from lender which confirms the Property's
valuation is less than the purchase price,on or before MONDAY, SEPTEMBER 22, 1997 (Appraisal Deadline).
If Seller does not receive such written notice of termination on or before the appraisal deadline,Buyer waives any right to
terminate under this section.
6. COST OF APPRAISAL. Cost of any appraisal to be obtained after the date of this contract shall be timely paid by
BUYER
7. NOT ASSIGNABLE. This contract shall not be assignable by Buyer without Seller's prior written consent. Except as so restricted,
this contract shall inure to the benefit of and be binding upon the heirs,personal representatives,successors and assigns of the parties.
8. EVIDENCE OF TITLE. Seller shall furnish to Buyer, at Seller's expense, ells.,,. a current commitment for owner's title
insurance policy in an amount equal to the purchase price "Jr..t a.,l,„h....rn•sLstratt.,f tdt4.ra..i:5a.,(t., on or before
_. Tuesday, September 96. 1997 (Title Deadline). . .. .-
Buyer may require of Seller that copies of instruments(or abstracts of instruments)listed in the schedule of exceptions(Exceptions)in the
title insurance commitment also be furnished to Buyer at Seller's expense. This requirement shall pertain only to instruments shown of record
in the office of the clerk and recorder of the designated county or counties.The title insurance commitment,together with any copies or abstracts
of instruments furnished pursuant to this Section 8,constitute the title documents(Title Documents). Borft-orlaarametteargnetrmatet
h. LL.g,to F,,;.,F,co,, n a h,t,a.:Lre.,t,h.,ms,d..i;s i tit, kW Creel 5 _ tale1St-my&
erfterq:tI e• - -- - - - - --°—,e1R- Seller will pay the premium at closing and have the title insurance
policy delivered to Buyer as soon as practicable after closing.
9.TITLE.
(a) TITLE REVIEW. Buyer shall have the right to inspect the Title Documents or abstract.Written notice by Buyer of
unmerchantability of title or of any other unsatisfactory title condition shown by the Title Documents or abstract shall be signed by or on
behalf of Buyer and given to Seller on or before 7 calendar days after Title Deadline,or within five(5)calendar days after
receipt by Buyer of any Title Document(s)or endorsement(s)adding new Exception(s)to the title commitment together with a copy of the Title
Document adding new Exception(s)to title. If Seller does not receive Buyer's notice by the date(s)specified above,Buyer accepts the
condition of title as disclosed by the Title Documents as satisfactory.
(b)MATTERS NOT SHOWN BY THE PUBLIC RECORDS. Seller shall deliver to Buyer,on or before the Title
Deadline set forth in Section 8,true copies of all lease(s)and survey(s)in Seller's possession pertaining to the Property and shall disclose to
Buyer all easements,liens or other title matters not shown by the public records of which Seller has actual knowledge.Buyer shall have the right
to inspect the Property to determine if any third party(s)has any right in the Property not shown by the public records(such as an unrecorded
easement,unrecorded lease,or boundary line discrepancy).Written notice of any unsatisfactory condition(s)disclosed by Seller or revealed
by such inspection shall be signed by or on behalf of Buyer and given to Seller on or before Thursday, September 18, 1997
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.
The printed portions of this form,except the(itaticized/DIFFERENTIATED)insertions,have been approved by the Colorado R I Estat ommission(CBS 1-7-96)
Buyer's initial ►(//� Seller's initials: a /S 0403972431705003S
Scott Realty Company 10:27:46 09/04/97 SE -PRO^' V4.o 0 1993-1990 Qes,lnc.1.800-795-7759
971973
Prepared by Douglas W.Windsheimer page 3
(c) SPECIAL TAXING DISTRICTS.
SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT
IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN
SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR
INCREASED MILL LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SUCH
DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO
DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYER SHOULD
INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION
INDEBTEDNESS OF SUCH DISTRICTS, EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH
INDEBTEDNESS,AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES.
In the event the Property is located within a special taxing district and Buyer desires to terminate this contract as a result,if written notice
is given to Seller on or before the date set forth in subsection 9(b),this contract shall then terminate. If Seller does not receive Buyer's
notice by the date specified above,Buyer accepts the effect of the Propertys inclusion in such special taxing district(s) and waives
the right to so terminate.
(d) RIGHT TO CURE. If Seller receives notice of unmerchantability of title or any other unsatisfactory title condition(s)as provided
in subsection(a)or(b)above,Seller shall use reasonable effort to correct said unsatisfactory title condition(s)prior to the date of closing.
If Seller fails to correct said unsatisfactory title condition(s)on or before the date of closing,this contract shall then terminate; provided,
however,Buyer may,by written notice received by Seller,on or before closing,waive objection to said unsatisfactory title condition(s).
10. INSPECTION. Seller agrees to provide Buyer on or before Thursday, September 11, 1997
with a Seller's Property Disclosure form completed by Seller to the best of Seller's current actual knowledge. Buyer or any designee,
shall have the right to have inspection(s)of the physical condition of the Property and Inclusions,at Buyer's expense. If written notice
of any unsatisfactory condition,signed by or on behalf of Buyer,is not received by Seller on or before
Thursday, September 18, 1997 (Objection Deadline),the physical condition of the Property and Inclusions
shall be deemed to be satisfactory to Buyer. If such notice is received by Seller as set forth above,and if Buyer and Seller have not agreed,
in writing,to a settlement thereof on or before Tuesday, September 23, 1907 (Resolution Deadline),
this contract shall terminate three calendar days following the Resolution Deadline; unless,within the three calendar days,Seller receives
written notice from Buyer waiving objection to any unsatisfactory condition. Buyer is responsible for and shall pay for any damage
which occurs to the Property and Inclusions as a result of such inspection.
11. DATE OF CLOSING. The date of closing shall be Friday, September 28, 1997 ,or by mutual
agreement at an earlier date.The hour and place of closing shall be as designated by
SCOTT REALTY CO,
12. TRANSFER OF TITLE. Subject to tender or payment at closing as required herein and compliance by Buyer with the other
terms and provisions hereof,Seller shall execute and deliver a good and sufficient SPECIAL WARRANTY deed
to Buyer, on closing,conveying the Property free and clear of all taxes except the general taxes for the year of closing,and except
**NONE OTHER**
Title shall be conveyed free and clear of all liens for special improvements installed as of the date of Buyer's signature hereon,whether assessed
or not;except(i)distribution utility easements(including cable TV),(ii)those matters reflected by the Title Documents accepted by Buyer in
accordance with subsection 9(a), (iii)those rights,if any,of third parties in the Property not shown by the public records in accordance with
subsection 9(b),(iv)inclusion of the Property within any special taxing district,and(v)subject to building and zoning regulations.
13. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before closing from the
proceeds of this transaction or from any other source.
14. CLOSING COSTS, DOCUMENTS AND SERVICES. Buyer and Seller shall pay,in Good Funds,their respective
closing costs and all other items required to be paid at closing,except as otherwise provided herein. Buyer and Seller shall sign and complete
all customary or required documents at or before closing. Fees for real estate closing services shall not exceed $150.00
and shall be paid at closing by BUYER AND SELLER, ONE HALF EACH.
The local transfer tax of 0 %of the purchase price shall be paid at closing by
**NOT APPLICABLE**
Any sales and use tax that may accrue because of this transaction shall be paid when due by
**NOT APPLICABLE*
15. PRORATIONS. General taxes for the year of closing,based on the taxes for the calendar year immediately preceding closing,
rents,water and sewer charges,homeowner's association dues,and interest on continuing loan(s),if any,and
-NONE OTHER-- shall be prorated to date of closing.
FHA or private mortgage insurance premium ❑shall 0 shall not be apportioned to date of closing.Any such amount shall be
apportioned as follows: **NOT APPLICABLE**
16. POSSESSION. Possession of the Property shall be delivered to Buyer as follows:
DELIVERY OF DEED
subject to the following lease(s)or tenancy(s): --NONE--
If Seller,after closing,fails to deliver possession on the date herein specified,Seller shall be subject to eviction and shall be additionally liable to
Buyer for payment of $0•00 per day from the date of agreed possession until possession is delivered.
Buyer ®does 0 does not represent that Buyer will occupy the Property as Buyer's principal residence.
17. CONDITION OF AND DAMAGE TO PROPERTY. Except as otherwise provided in this contract,the Property and
Inclusions shall be delivered in the condition existing as of the date of this contract,ordinary wear and tear excepted. In the event the Property
shall be damaged by fire or other casualty prior to time of closing,in an amount of not more than ten percent of the total purchase price,Seller
shall be obligated to repair the same before the date of closing.In the event such damage is not repaired within said time or if the damages
exceed such sum,this contract may be terminated at the option of Buyer.Should Buyer elect to carry out this contract despite such damage,
Buyer shall be entitled to credit for all the insurance proceeds resulting from such damage to the Property and Inclusions,not exceeding,
however,the total purchase price.Should any Inclusion(s)or service(s)fail or be damaged between the date of this contract and the date
of closing or the date of possession,whichever shall be earlier,then Seller shall be liable for the repair or replacement of such Inclusion(s)
or servtce(s)with a unit of similar size,age and quality,or an equivalent credit,less any insurance proceeds received by Buyer covering
such repair or replacement.
The printed portions of this form,except the(italicized/DIFFERENTIATED)insertions,have been approved by the Colorado Re Estatee_9ommission(CBS 1-7-96)
Q�u Buyer's initials /, Seller's initials: c�/3 04039724317C60308
Scott Realty Company 10:27:46 09/04/97 ss so" v4.o C 1993-1996 Qes,lnc.1-600-795-7759
971973
Prepared by Douglas W. Windsheimer page 4
18.TIME OF ESSENCE/REMEDIES.
Time is of the essence hereof.If any note or check received as earnest money hereunder or any other payment due hereunder
is not paid,honored or tendered when due,or if any other obligation hereunder is not performed or waived as herein provided,there shall be
the following remedies:
(a) IF BUYER IS IN DEFAULT.
[Check one box only]
)(X (1) SPECIFIC PERFORMANCE.
Seller may elect to treat this contract as cancelled,in which case all payments and things of value received hereunder shall be forfeited
and retained on behalf of Seller,and Seller may recover such damages as may be proper,or Seller may elect to treat this contract as being
in full force and effect and Seller shall have the right to specific performance or damages,or both.
(2) LIQUIDATED DAMAGES.
All payments and things of value received hereunder shall be forfeited by Buyer and retained on behalf of Seller and both parties shall
thereafter be released from all obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES and
(except as provided in subsection(c))are SELLER'S SOLE AND ONLY REMEDY for Buyers failure to perform the obligations of this
contract.Seller expressly waives the remedies of specific performance and additional damages.
(b) IF SELLER IS IN DEFAULT.
Buyer may elect to treat this contract as cancelled,in which case all payments and things of value received hereunder shall be
returned and Buyer may recover such damages as may be proper,or Buyer may elect to treat this contract as being in full force
and effect and Buyer shall have the right to specific performance or damages,or both.
(c) COSTS AND EXPENSES.
Anything to the contrary herein notwithstanding.in the event of any arbitration or litigation arising out of this contract.the arbitrator or court
shall award to the prevailing party all reasonable costs and expenses,including attorney fees.
19. EARNEST MONEY DISPUTE. Notwithstanding any termination of this contract.Buyer and Seller agree that,in the event
of any controversy regarding the earnest money and things of value held by broker or closing agent,unless mutual written instructions are
received by the holder of the earnest money and things of value,broker or closing agent shall not be required to take any action but may await
any proceeding,or at brokers or closing agents option and sole discretion,may interplead all parties and deposit any moneys or things of value
into a court of competent jurisdiction and shall recover court costs and reasonable attorney fees.
20.ALTERNATIVE DISPUTE RESOLUTION: MEDIATION. If a dispute arises relating to this contract,and is not resolved,
the parties and broker(s)involved in such dispute(Disputants)shall first proceed in good faith to submit the matter to mediation. The
Disputants will jointly appoint an acceptable mediator and will share equally in the cost of such mediation. In the event the entire dispute
is not resolved within thirty(30)calendar days from the date written notice requesting mediation is sent by one Disputant to the other(s),
the mediation,unless otherwise agreed,shall terminate. This section shall not alter any date in this contract,unless otherwise agreed.
21. ADDITIONAL PROVISIONS:
(The language of these additional provisions has not been approved by the Colorado Real Estate Commission).
**NONE OTHER**
22. RECOMMENDATION OF LEGAL COUNSEL. By signing this document,Buyer and Seller acknowledge that the
Selling Company or the Listing Company has advised that this document has important legal consequences and has recommended the
examination of title and consultation with legal and tax or other counsel before signing this contract.
23.TERMINATION. In the event this contract is terminated,all payments and things of value received hereunder shall be returned
and the parties shall be relieved of all obligations hereunder,subject to Section 19.
24.SELLING COMPANY BROKER RELATIONSHIP.
The selling broker, Scott Realty Company _,
and it's salespersons have been engaged as TRANSACTION-BROKER •
Selling Company has previously disclosed in writing to the Buyer that different relationships are available which include buyer agency,seller
agency,subagency,or transaction-broker.
25. NOTICE TO BUYER. Any notice to Buyer shall be effective when received by Buyer,or,
if this box is checked when received by Selling Company.
26. NOTICE TO SELLER. Any notice to Seller shall be effective when received by Seller or Listing Company.
27. MODIFICATION OF THIS CONTRACT. No subsequent modification of any of the terms of this contract shall be
valid,binding upon the parties,or enforceable unless made in writing and signed by the parties.
28. ENTIRE AGREEMENT. This contract constitutes the entire contract between the parties relating to the subject hereof,and any
prior agreements pertaining thereto,whether oral or written,have been merged and integrated into this contract.
The printed portions of this form,except the(italicized/DIFFERENTIATED)insertions,have been approved by the Colorado R I tat2pommission(CBS 1-7-96)
Buyers initials/ ✓ I!It,) Seller's initials: NIT_ 0403 9724317050MS
Scott Realty Company 10:27:46 09/04/97 s -PRO. v4.0 ®1993-1996 Qes,lnc.1-800-795-7759
971973
Prepared by Douglas W. Windsheimer page 5
29. NOTICE OF ACCEPTANCE: COUNTERPARTS. This proposal shall expire unless accepted in writing,by Buyer and
Seller,as evidenced by their signatures below,and the offering party receives notice of such acceptance on or before
5:00 PM ON Monday, September 8, 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 parties.
BUYER(S): (j /� G
/J3,,6�L % Date of signature / 7 ,19 ( 7
Buyer: //0T—� h.SSON
`' �,v(.(r1-1 L. L1 '1 Date of signature ql4 IE q jr.
Buyer KAREN:.. 'eVILSON
Buyers Address: F.O.BOX 414, HUDSON, COLORADO, 80642 Ph: (303)538-4480
SELL
- _- IGC� Date of signature k ,19 i 7
S. er. EL :OUNT='
Date of signature ,19
Seller:
Seller's Address: COURT HOUSE. GREELEY. COLORADO. 80631 _ Ph:p70)358-1.000
The undersigned Broker(s)acknowledges receipt of the earnest money deposit specified in Section 3,and Selling Company confirms its Broker
Relationship as set forth in Section 24.
Selling Company Listing Company
Scott Realty Company SCOTT REALTY CO.
1212 8th Avenue -__ 12128TH AVENUE
Greeley, Colorado 80631 GREELEY,COLORADO 80531
(970 2-1 2 (970)352-1215(Fax) 970 352-1212
By: (Signature) 7..ei/Ll, ¢t y — By �LrZ .
ouglas W. Windsheimer (Signature) DOUGLAS W. WINDSHEIMER
Note: Closing Instructions should be signed at the time this contract is signed.
The printed portions of this form,except the(italic iaedJDlFFERENTlA TED)insertions,have been approved by the Colorado Real Estate Commission(C6S 1-7-96)
Scott Realty Company 10:27:46 09/04/97 0403s724317Q0008
$$$-PRO^' V4.0 01993-1996 pes,lnc.1-800-795-7759
971973
Prepared by Douglas W. Windsheimer page 1
THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT
LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING.
Scott Realty Company
1212 8th Avenue CLOSING INSTRUCTIONS
Greeley, Colorado 80631
(970) 352-1212 (970) 352-1215 (Fax)
Ct
Realtor* o.rc..u.r.
Thensday, September 4, 1997
1.
WELD COUNTY
(SELLER)
and
SCOTT J. WILSON AND KAREN L. WILSON
(BUYER)
engage TRANSNATPON TITLE CO. - ---- (Closing Company),
who agrees to provide closing and settlement services in connection with the closing of the following described real estate in the County of
Weld ,Colorado,to wit:
21248 PART"SE4SW4SW4 SEC'TION21 'TOWNSHIP3N RANGE67-ABOUT.04 ACRES BEING THAT PART OF THE
SE4S W4SW4 LYING SOUTH AND EAST OF THE PRESENT UPPR RIGHT OF WAY
also known as: _.---,--.._-_ 8233 HIGHWAY 66 PLATTEVILLE COLORADO 80651
(Street Address City State Zip)
2. Closing Company 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
Wednesday, September 3, 1997 ,with any counterproposals and amendments attached(Contract).
3. Closing Company will receive a fee not to exceed -Mao() for providing these closing and settlement
services to be the expense of BUYER AND SELLER, ONE HALF EACH.
4. Closing Company is authorized to receive funds and to disburse 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 a financial institution in which the funds are to be deposited or a financial institution upon which the funds are
to be drawn["Good Funds"].
5. Closing Company is not authorized to release any documents or things of value prior to receipt and disbursement of Good Funds,
except as provided in Sections 10 and 11.
6. Closing Company shall disburse all funds,including real estate commissions,except those funds as may be separately disclosed
in writing to Buyer and Seller by Closing Company or Buyer's lender on or before closing. All parties agree that no one other than the
disburser can assure that payoff of loans and other disbursements will actually be made.
7. Seller will receive the net proceeds of closing as indicated:
cashier's check at seller's expense.
funds electronically transferred[wire transfer]to an account specified by the Seller,at Seller's expense;or
X Closing Companys trust account check.
8. Buyer and Seller will furnish any additional information and documents required by Closing Company which will be necessary to
complete this transaction.
9. Closing Company will prepare and deliver an accurate,complete and detailed closing statement to Buyer and Seller at time of closing.
10. If closing does not occur,Closing Company,except as provided herein,is authorized and agrees to return all documents,monies,
and things of value to the depositing party and Closing Company 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 Buyer,shall be voided
by Closing Company,with the original(s)returned to Buyer and a copy to Buyers lender.
11. If any conflicting demands are made on the Closing Company,at its sole discretion,Closing Company may hold any monies,
documents,and things of value received from any party except Buyer's lender. Closing Company shall retain such items until(1)receipt of
mutual written instruction from Buyer and Seller;or(2)until a civil action between Buyer and Seller shall have been resolved In a Court
of competent jurisdiction;or(3)in the alternative,Closing Company may in its sole discretion,commence civil action to interplead,or,
interplead in any existing civil action,any documents,monjes or other things of value received by Closing Company. Such deposit with
the Court shall relieve Closing Company of all further liability and responsibility and Closing Company shall be entitled to all court
costs and reasonable attorneys fees.
12. These closing instructions may only be amended or terminated by written instructions signed by Buyer,Seller and Closing Company.
13. The Internal Revenue Service and the Colorado Department of Revenue may require Closing Company to withold a substantial
portion of the proceeds of this sale when Seller either(a)is a foreign person or(b)will not be a Colorado resident after closing.
Seller should inquire of Sellers tax advisor to determine if witholding applies or if an exemption exists.
The printed portions of this form,except the(ifalietred/DIFFERENTIATED)insertions,have been approved by the Colorado Real Estate Commission(C18-9-95)
Company 04C3 9723415340007
Scott Realty P y 10:32:09 09/04/97 sss-PRO"' V4.0 0 1993-10900es,Inc.1-800-705-7759
9719'11 .'
Prepared by Douglas W. Windsheimer page 2
14. Special Instructions:
15. These Closing Instructions may be executed by each Buyer,Seller and Closing Company individually and when each Buyer,
Seller and Closing Company has executed a copy of these Closing Instructions,such copies taken together shall be deemed to be
a full and complete contract between the parties.
VN
APPROVE C ( ACCEPTED
j/
C . /y% Date of signature /'� ,197 7
Salle'. WELD C:UNTY Soc:a:Security Number:
Date of signature . 19
Seller: Social Security Number:
.---2G —
Dais of signature / , 19 21
Buyer 'COT' LSn:s Social Se.urdy Number: 521 ?-8tU7 q /
t--c t.(/,[1 L- Date of signature Al .19 q y
Boyer. KAREN L.W'ILSON Social Security Number: 52423.4548 --
Closing Company: TRANSNAT!ON TITLE CO.
By: -- — Date
•
The printed portions of this form,except the(italicized/DIFFERENTIATED)insertions,have been approved by the Colorado Real Estate Commission(CL8-9-95)
0403 9723415340007
Scott Realty Company 10:32:09 09/04/97
E55-PRO^' V4.0 01983-1988 Qas,lnc.1-800.795-7759
971973
Prepared by Douglas W. Windsheimer page 3
TO BE COMPLETED ONLY BY BROKER AND CLOSING COMPANY.
SCOTT REALTY CO. __--_—
Broker engages Closing Company as Broker's Scrivener to complete,for a fee not to exceed
$6.00 at the sole expense of Broker,the following legal documents:
X Deed
X Bill of Sale
Colorado Real Estate Commission Approved Promissory Note and
Colorado Real Estate Commission Approved Deed of Trust
The documents stated above shall be subject to Broker's review and approval and Broker acknowledges that Broker is responsible
for the accuracy of the above documents.
Closing Company shall pay real estate commissions at disbursement as follows:
Listing Company, Oi TREALTYCO.
paid by SELLER ... . _3.6.------
Selling Company, _SCOTTT REALTY CO. _
paid by SELLER 3.6
Other
By: � .�a1 Gam
Broker
Closing Company: TRANSNATION TITLE CO__
By: ._ --_.._—_._ ______ Date
The printed portions of this form,except the(ifalicizcd.'DIFFERENTIATED)insertions,have been approved by the Colorado Real Estate Commission(CL8-9-95)
04039723415340007
Scott Realty Company 10:32:09 09/04/97
sss-PRO"' V4.e 01993-1998 Oes,lnc.1-000a95-7759
971973
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