HomeMy WebLinkAbout20240374.tiff11 AGPROfessionals
DEVELOPERS OF AGRICULTURE
Certificate of Conveyances
Weld County USR Application
Prepared for
ECO Services, LLC
First American
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
Transaction Identification Data, for which the Company assumes no liability as set forth in
Commitment Condition 5.e.:
Issuing Agent: First American Title Insurance Company
Issuing Office: 7251 20th Street, Bldg A, Greeley, CO 80634
Issuing Office's ALTA® Registry ID: 1156139
Inquiries Should Be Directed To:
Elizabeth Elston or Lori Wollaston
Phone: (970)534-3495; Email: eelston@firstam.com
Commitment Number: 5525-4097489
Issuing Office File Number: 5525-4097489
Property Address: 36679 County Road 53, Eaton, CO 80615
APN: R8952875
Revision Number:
SCHEDULE A
1. Commitment Date: August 22, 2023 at 8:00 a.m.
2. Policy to be issued:
a. ALTA® Standard Owner's Policy
Proposed Insured: ECO Services, LLC, a Wyoming limited liability company
Proposed Amount of Insurance: $1,175,000.00
The estate or interest to be insured: See Item 3 below
3. The estate or interest in the Land at the Commitment Date is:
Fee Simple interest
4.
H2S2 LLC, a Colorado limited liability company
5. The Land is described as follows:
See Exhibit A attached hereto and made a part hereof
Premiums:
Owner's Policy: $ 1,530.00 (50% Reissue Rate)
Lender's Policy: $
Tax Certificate Fee: $ 25.00
Endorsement(s): $ 85.00 (OEC Delete 1-4)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by first American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 50095700712-17-11) Page 1 of 15
:::11e14;1,
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First American
Commitment No. 5525-4097489
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
SCHEDULE B, PART I —Requirements
All of the following Requirements must be met:
1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in
this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The
Company may then make additional Requirements or Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Company.
4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured,
or both, must be properly authorized, executed, delivered, and recorded in the Public Records.
5. Payment of all taxes and assessments now due and payable as shown on a certificate of taxes due
from the County Treasurer or the County Treasurer's Authorized Agent.
6. Evidence that all assessments for common expenses, if any, have been paid.
7. Final Affidavit and Agreement executed by Owners and/or Purchasers must be provided to the
Company.
8. Statement of Authority for H2S2 LLC, a Colorado limited liability company, evidencing the existence of
the entity and authority of the person(s) authorized to execute and deliver instruments affecting title
to real property on behalf of the entity, and containing the other information required by C.R.S. 38-
30-172 and/or 38-30-108.5.
9. Statement of Authority for ECO Services, LLC, a Wyoming limited liability company, evidencing the
existence of the entity and authority of the person(s) authorized to execute and deliver instruments
affecting title to real property on behalf of the entity, and containing the other information required
by C.R.S. 38-30-172 and/or 38-30-108.5.
10. Warranty Deed sufficient to convey the fee simple estate or interest in the land described or referred
to herein, to the Proposed Insured.
11. Full release of the Deed of Trust from H2S2 LLC, a Colorado limited liability company to secure an
indebtedness in the principal sum of $400,000.00, and any other amounts and/or obligations secured
thereby, dated June 26, 2018 and recorded June 27, 2018 at Reception No.
Trustee: Public Trustee of Weld County
Beneficiary: Brian Houstoun and Alexandria Houstoun
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; die Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 50095700 (12-17-21) Page 7 or 15
First American
Commitment for Title Insurance
Colorado - 2021 v. 01.00 t07-01-2021)
NOTE: The beneficiary must present the following item prior to closing: the original signed release.
This item is subject to review and approval by the company.
12. An ALTA/NSPS Land Title Survey in form, content and certification as may form the basis for issuing
endorsement(s) OEC Delete 1-3 in connection with the Owner's policy to be issued hereunder .
NOTE: Exception may be made to any adverse matters disclosed by the ALTA/NSPS Land Title
Survey.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 50095700 (12-17-21) Page 3 of 15
First American
Commitment No. 5525-4097489
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
SCHEDULE B, PART II —Exceptions
Some historical land records contain Discriminatory Covenants that are illegal and
unenforceable by law. This Commitment and the Policy treat any Discriminatory Covenant in a
document referenced in Schedule B as if each Discriminatory Covenant is redacted,
repudiated, removed, and not republished or recirculated. Only the remaining provisions of the
document will be excepted from coverage.
The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or
easement identified in Schedule A, and will include the following Exceptions unless cleared to the
satisfaction of the Company:
1. Any facts, rights, interests or claims which are not shown by the Public Records, but which could be
ascertained by an inspection of the Land or by making inquiry of persons in possession thereof.
2. Easements, or claims of easements, not shown by the Public Records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a
correct land survey and inspection of the Land would disclose, and which are not shown by the Public
Records.
4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed
by law and not shown in the Public Records.
5. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the
Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on
which all of the Schedule B, Part I —Requirements are met.
Note: Exception number 5 will be removed from the policy provided the Company conducts the
closing and settlement service for the transaction identified in the commitment.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance
thereof.
8. Any water rights, claims of title to water, in, on or under the Land.
9. Rights of way for County Roads 30 feet on either side of Section and Township lines, as established
by the Board of County Commissioners for Weld County, Colorado, recorded October 14, 1889 in
c
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
Copyright 2021 American Land Title Association. Ail rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 50095700 f 12-17-21 Page 4 o 15
First American
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
10. An easement for irrigation ditch and incidental purpose granted to John D. Wilson in instrument
recorded August 26, 1909 in
11. The right of proprietor of a vein or lode to extract or remove his ore should the same be found to
penetrate or intersect the premises thereby granted as reserved in United States patent recorded
October 26, 1909 in _i ; and any and all assignments thereof or interests therein.
12. An Oil and Gas Lease, executed by Fred L. McCrory as Lessor(s) and by Raymond Chroney as
Lessee(s) for a primary term of 5 years, dated August 26, 1968, recorded October 4, 1968 at
Reception No. ; and any and all assignments thereof or interests therein.
NOTE: Matters affecting the present interest of the lessor or lessee are not shown herein.
13. An undivided 100% in all oil, gas and other minerals as reserved by Fred L. McCrory recorded
February 2, 1971 at Reception No. , and any and all assignments thereof or interests therein.
14. An easement for electric transmission line and incidental purposes granted to Poudre Valley Rural
Electric Association in instrument recorded August 18, 1976 at Reception No.
15. An Oil and Gas Lease, executed by Fred L. McCrory as Lessor(s) and by Sulpher River Exploration,
Inc. as Lessee(s) for a primary term of 5 years, dated May 5, 1980, recorded May 28, 1980 at
Reception No. ; and any and all assignments thereof or interests therein.
NOTE: Matters affecting the present interest of the lessor or lessee are not shown herein.
16. An easement for pipeline and incidental purposes granted to Pantera Energy Corporation in
instrument recorded February 3, 1986 at Reception No.
17. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Agreement for Water Storage and Use recorded June 29, 2001 at Reception No.
18. Easements, conditions, covenants, restrictions, reservations and notes on the Map of Recorded
Exemption No. 0711 -32 -1 -RE -2962 recorded May 21, 2001 at Reception No.
19. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Agreement for Use of Sump Pond recorded June 29, 2001 at Reception No.
20. Any portion of the land that lies within any roads including Weld County Road 53.
21. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Irrigation Water and Irrigation System Sharing Agreement recorded July 27, 2004 at
Reception No.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 50095700 (12-17-21) Page 5 of 15
so At It
First American
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
22. Easement as granted to Poudre Valley Electric Association, Inc. in instrument recorded July 27, 2005
at Reception No.
23. An Oil and Gas Lease, executed by The John D. Stephenson Family Trust, Margaret A. Stephenson,
Trustee as Lessor(s) and by Petro -Canada Resources (USA) Inc. as Lessee(s) for a primary term of
3 years, dated July 26, 2005, recorded August 5, 2005 at Reception No. ; and any and all
assignments thereof or interests therein.
NOTE: Matters affecting the present interest of the lessor or lessee are not shown herein.
24. An Oil and Gas Lease, executed by Margaret A. Stephenson as Lessor(s) and by Petro -Canada
Resources (USA) Inc. as Lessee(s) for a primary term of 3 years, dated July 26, 2005, recorded
August 5, 2005 at Reception No. ; and any and all assignments thereof or interests therein.
NOTE: Matters affecting the present interest of the lessor or lessee are not shown herein.
25. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Request for Notification recorded December 5, 2005 at Reception No.
26. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Memorandum of Surface Damage and Release Agreement recorded April 9, 2008 at
Reception No.
27. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Agreement recorded December 20, 2017 at Reception No.
28. Easements, conditions, covenants, restrictions, reservations and notes on the Map of Recorded
Exemption No. 0711-32-01 RECX17-0186 recorded February 14, 2018 at Reception No.
29. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Right -of -Way Easement - Underground recorded October 16, 2018 at Reception No.
30. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Memorandum of Dedication of Lands and Associated Natural Gas Production recorded
April 10, 2019 at Reception No.
31. Any interest in all oil, gas and other minerals conveyed to Janet C. Helbert, Joseph J. Bielinski and/or
Joan M. Bielinski, Trustees of the Bielinski Family Trust Dated July 30, 2014, Julie Ann Dewey and
John F. Wilson II by Mineral Deed, recorded September 23, 2019 at Reception No. ; together
with any rights of ingress and egress therein and any and all assignments thereof or interests
therein.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
Copyright 2021 American LandYitle Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 500 5,a6 (12-17-21)
Page 6 of 15
•0 At It 4,t
First American
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
32. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Road Maintenance Agreement according to Policy Regarding Collateral for Improvements
H@S@, LLC -USR19-0015 recorded January 7, 2020 at Reception No.
33. Easements, conditions, covenants, restrictions, reservations and notes on the Map of the Colorado
Cultivars USA, LLC Use by Special Review USR19-0015 recorded February 5, 2020 at Reception No.
34. Any existing leases or tenancies.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter signature by the Company or its issuing agent that may
be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. AU other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 5676700 (12-17-21) Page 7 of 15
First American
EXHIBIT A
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
The Land referred to herein below is situated in the County of Weld, State of Colorado, and is described
as follows:
LOT A, RECORDED EXEMPTION NO. 0711-32-01 RECX17-0186, ACCORDING TO THE MAP RECORDED
FEBRUARY 14, 2018 AT RECEPTION NUMBER 4375464, BEING A PART OF THE SOUTH HALF OF THE
NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 7 NORTH, RANGE 64 WEST OF THE 6TH P.M.,
COUNTY OF WELD, STATE OF COLORADO.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 50095700 (12-17-21) Page 8 o; 15
yf� •"try"i
First American
DISCLOSURE STATEMENT
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
Pursuant to C.R.S. 30-10-406(3)(a) all documents received for recording or filing in the Clerk and
Recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at
least one-half of an inch. The Clerk and Recorder will refuse to record or file any document that does not
conform to the requirements of this section.
NOTE: If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller
must comply with the disclosure/withholding provisions of C.R.S. 39-22-604.5 (Nonresident withholding).
NOTE: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title insurance company
shall be responsible to the proposed insured(s) subject to the terms and conditions of the title
commitment, other than the effective date of the title commitment, for all matters which appear of record
prior to the time of recording whenever the title insurance company, or its agent, conducts the closing
and settlement service that is in conjunction with its issuance of an owner's policy of title insurance and is
responsible for the recording and filing of legal documents resulting from the transaction which was
closed.
Pursuant to C.R.S. 10-11-122, the company will not issue its owner's policy or owner's policies of title
insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other
equivalent documentation from the County Treasurer or the County Treasurer's authorized agent; or until
the Proposed Insured has notified or instructed the company in writing to the contrary.
The subject property may be located in a special taxing district. A Certificate of Taxes due listing each
taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized
agent. Information regarding special districts and the boundaries of such districts may be obtained from
the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor.
C.R.S. 10-11-122 (4), Colorado Notaries may remotely notarize real estate deeds and other documents
using real-time audio -video communication technology. You may choose not to use remote notarization
for any document.
NOTE: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner's policy commitments containing a mineral severance
instrument exception, or exceptions, in Schedule B, Section 2.
A. That there is recorded evidence that a mineral estate has been severed, leased, or
otherwise conveyed from the surface estate and that there is a substantial likelihood
that a third party holds some or all interest in oil, gas, other minerals, or geothermal
energy in the property; and
B. That such mineral estate may include the right to enter and use the property without
the surface owner's permission.
NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-2, Affirmative mechanic's
lien protection for the Owner may be available (typically by deletion of Exception no. 4 of
Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon
compliance with the following conditions:
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 50O5700 (12-17-21) Page 9 of 15
First American
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
A. The land described in Schedule A of this commitment must be a single family
residence which includes a condominium or townhouse unit.
B. No labor or materials have been furnished by mechanics or material -men for
purposes of construction on the land described in Schedule A of this Commitment
within the past 6 months.
C. The Company must receive an appropriate affidavit indemnifying the Company
against un-filed mechanic's and material -men's liens.
D. The Company must receive payment of the appropriate premium.
E. If there has been construction, improvements or major repairs undertaken on the
property to be purchased within six months prior to the Date of the Commitment, the
requirements to obtain coverage for unrecorded liens will include: disclosure of
certain construction information; financial information as to the seller, the builder
and or the contractor; payment of the appropriate premium, fully executed Indemnity
Agreements satisfactory to the company, and, any additional requirements as may be
necessary after an examination of the aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the
insured has contracted for or agreed to pay.
NOTE: Pursuant to C.R.S. 38-35-125(2) no person or entity that provides closing and settlement services
for a real estate transaction shall disburse funds as a part of such services until those funds have been
received and are available for immediate withdrawal as a matter of right.
NOTE: C.R.S. 39-14-102 requires that a real property transfer declaration accompany any conveyance
document presented for recordation in the State of Colorado. Said declaration shall be completed and
signed by either the grantor or grantee.
NOTE: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false,
incomplete, or misleading facts or information to an insurance company for the purpose of
defrauding or attempting to defraud the company. Penalties may include imprisonment,
fines, denial of insurance and civil damages. Any insurance company or agent of an
insurance company who knowingly provides false, incomplete, or misleading facts or
information to a policyholder or claimant for the purpose of defrauding or attempting to
defraud the policyholder or claimant with regard to a settlement or award payable from
insurance proceeds shall be reported to the Colorado division of insurance within the
department of regulatory agencies.
Nothing herein contained will be deemed to obligate the company to provide any of the coverages
referred to herein unless the above conditions are fully satisfied.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by first American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 50095700 (12-17-21) Page 10 of 15
First American
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
ALTA COMMITMENT FOR TITLE INSURANCE
issued by
FIRST AMERICAN TITLE INSURANCE COMPANY
NOTICE
IMPORTANT -READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE
INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE
CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL
OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE
PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY
SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR
THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON,
INCLUDING A PROPOSED INSURED.
THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED
INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS
COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS
COMMITMENT TO ANY OTHER PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I —Requirements; Schedule B, Part II —Exceptions; and the
Commitment Conditions, First American Title Insurance Company, a Nebraska Corporation (the
"Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This
Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in
Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the
Proposed Amount of Insurance and the name of the Proposed Insured.
If all of the Schedule B, Part I —Requirements have not been met within six months after the
Commitment Date, this Commitment terminates and the Company's liability and obligation end.
FIRST AMERICAN TITLE INSURANCE COMPANY
BY:
-)pe Pc
Kenneth D. E}eGiorgiia, President
By:
Lisa W. Cornehi, Secretary
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter signature by the Company or its issuing agent that may
be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 50095770 (12-17-2i)
Page 1 i oF15
First American
COMMITMENT CONDITIONS
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
1. DEFINITIONS
a. "Discriminatory Covenant": Any covenant, condition, restriction, or limitation that is
unenforceable under applicable law because it illegally discriminates against a class of
individuals based on personal characteristics such as race, color, religion, sex, sexual
orientation, gender identity, familial status, disability, national origin, or other legally
protected class.
b. "Knowledge" or "Known": Actual knowledge or actual notice, but not constructive notice
imparted by the Public Records.
c. "Land": The land described in Item 5 of Schedule A and improvements located on that land
that by State law constitute real property. The term "Land" does not include any property
beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any
abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does
not modify or limit the extent that a right of access to and from the Land is to be insured by
the Policy.
d. "Mortgage": A mortgage, deed of trust, trust deed, security deed, or other real property
security instrument, including one evidenced by electronic means authorized by law.
e. "Policy": Each contract of title insurance, in a form adopted by the American Land Title
Association, issued or to be issued by the Company pursuant to this Commitment.
f. "Proposed Amount of Insurance": Each dollar amount specified in Schedule A as the Proposed
Amount of Insurance of each Policy to be issued pursuant to this Commitment.
g. "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each
Policy to be issued pursuant to this Commitment.
h. "Public Records": The recording or filing system established under State statutes in effect at
the Commitment Date under which a document must be recorded or filed to impart
constructive notice of matters relating to the Title to a purchaser for value without
Knowledge. The term "Public Records" does not include any other recording or filing system,
including any pertaining to environmental remediation or protection, planning, permitting,
zoning, licensing, building, health, public safety, or national security matters.
i. "State": The state or commonwealth of the United States within whose exterior boundaries
the Land is located. The term "State" also includes the District of Columbia, the
Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam.
j. "Title": The estate or interest in the Land identified in Item 3 of Schedule A.
2. If all of the Schedule B, Part I —Requirements have not been met within the time period specified in
the Commitment to Issue Policy, this Commitment terminates and the Company's liability and
obligation end.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Pan' II —Exceptions; and a counter signature by the Company or its issuing agent that may
be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 50095766712-17-21 )
Page 12 of 15
First American
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
3. The Company's liability and obligation is limited by and this Commitment is not valid without:
a. the Notice;
b. the Commitment to Issue Policy;
c. the Commitment Conditions;
d. Schedule A;
e. Schedule B, Part I —Requirements; and
f. Schedule B, Part II —Exceptions; and
g. a counter -signature by the Company or its issuing agent that may be in electronic form.
4. COMPANY'S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment
to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records
prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5.
The Company is not liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
a. The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's
actual expense incurred in the interval between the Company's delivery to the Proposed
Insured of the Commitment and the delivery of the amended Commitment, resulting from
the Proposed Insured's good faith reliance to:
i. comply with the Schedule B, Part I —Requirements;
ii. eliminate, with the Company's written consent, any Schedule B, Part II —Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
b. The Company is not liable under Commitment Condition 5.a. if the Proposed Insured
requested the amendment or had Knowledge of the matter and did not notify the Company
about it in writing.
c. The Company is only liable under Commitment Condition 4 if the Proposed Insured would
not have incurred the expense had the Commitment included the added matter when the
Commitment was first delivered to the Proposed Insured.
d. The Company's liability does not exceed the lesser of the Proposed Insured's actual expense
incurred in good faith and described in Commitment Condition 5.a. or the Proposed Amount
of Insurance.
e. The Company is not liable for the content of the Transaction Identification Data, if any.
f. The Company is not obligated to issue the Policy referred to in this Commitment unless all of
the Schedule B, Part I —Requirements have been met to the satisfaction of the Company.
g. The Company's liability is further limited by the terms and provisions of the Policy to be
issued to the Proposed Insured.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 50095700 (12-17-21)
Page 13 of 15
First American
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND
CHOICE OF FORUM
a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim
under this Commitment.
b. Any claim must be based in contract under the State law of the State where the Land is
located and is restricted to the terms and provisions of this Commitment. Any litigation or
other proceeding brought by the Proposed Insured against the Company must be filed
only in a State or federal court having jurisdiction.
c. This Commitment, as last revised, is the exclusive and entire agreement between the
parties with respect to the subject matter of this Commitment and supersedes all prior
commitment negotiations, representations, and proposals of any kind, whether written or
oral, express or implied, relating to the subject matter of this Commitment.
d. The deletion or modification of any Schedule B, Part II —Exception does not constitute an
agreement or obligation to provide coverage beyond the terms and provisions of this
Commitment or the Policy.
e. Any amendment or endorsement to this Commitment must be in writing and
authenticated by a person authorized by the Company.
f. When the Policy is issued, all liability and obligation under this Commitment will end and
the Company's only liability will be under the Policy.
7. IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT
The issuing agent is the Company's agent only for the limited purpose of issuing title insurance
commitments and policies. The issuing agent is not the Company's agent for closing, settlement,
escrow, or any other purpose.
8. PRO -FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating
the coverage that the Company may provide. A pro -forma policy neither reflects the status of
Title at the time that the pro -forma policy is delivered to a Proposed Insured, nor is it a
commitment to insure.
9. CLAIMS PROCEDURES
This Commitment incorporates by reference all Conditions for making a claim in the Policy to be
issued to the Proposed Insured. Commitment Condition 9 does not modify the limitations of
liability in Commitment Conditions 5 and 6.
10. CLASS ACTION
ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT,
INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS
COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR
DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS
COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS
PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE
PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS
ACTION CONDITION.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule 8,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 500957 T0 (12-17-21) Page 14 0115
,o •:�etRrr
First American
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
11. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of
Insurance is $2,000,000 or less may be arbitrated at the election of either the Company or the
Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy
of the arbitration rules at http://www.alta.org/arbitration.
This page is only a part of a 2021 ALTA Commitment for Tide Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
Copyright 2021 American Land Ti i Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 500957OO (12-17-21) Page 15 of15
First Amri an
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
Transaction Identification Data, for which the Company assumes no liability as set forth in
Commitment Condition 5.e.:
Issuing Agent: First American Title Insurance Company
Issuing Office: 7251 20th Street, Bldg A, Greeley, CO 80634
Issuing Office's ALTA® Registry ID: 1156139
Inquiries Should Be Directed To:
Elizabeth Elston or Lori Wollaston
Phone: (970)534-3495; Email: eelston@firstam.com
Commitment Number: 5525-4097489
Issuing Office File Number: 5525-4097489
Property Address: 36679 County Road 53, Eaton, CO 80615
APN: R8952875
Revision Number: 1 - amended effective date, added to requirement no. 11
SCHEDULE A
1. Commitment Date: September 26, 2023 at 8:00 a.m.
2. Policy to be issued:
a. ALTA® Standard Owner's Policy
Proposed Insured: ECO Services, LLC, a Wyoming limited liability company
Proposed Amount of Insurance: $1,175,000.00
The estate or interest to be insured: See Item 3 below
3. The estate or interest in the Land at the Commitment Date is:
Fee Simple interest
4. The Title is, at the Commitment Date, vested in:
H2S2 LLC, a Colorado limited liability company
5. The Land is described as follows:
See Exhibit A attached hereto and made a part hereof
Premiums:
Owner's Policy: $ 1,530.00 (50% Reissue Rate)
Lender's Policy: $
Tax Certificate Fee: $ 25.00
Endorsement(s): $ 85.00 (OEC Delete 1-4)
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 50095700 (12-17-21) Page 1 of 15
First Amri an
Commitment No. 5525-4097489
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
SCHEDULE B, PART I —Requirements
All of the following Requirements must be met:
1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in
this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The
Company may then make additional Requirements or Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Company.
4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured,
or both, must be properly authorized, executed, delivered, and recorded in the Public Records.
5. Payment of all taxes and assessments now due and payable as shown on a certificate of taxes due
from the County Treasurer or the County Treasurer's Authorized Agent.
6. Evidence that all assessments for common expenses, if any, have been paid.
7. Final Affidavit and Agreement executed by Owners and/or Purchasers must be provided to the
Company.
8. Statement of Authority for H2S2 LLC, a Colorado limited liability company, evidencing the existence
of the entity and authority of the person(s) authorized to execute and deliver instruments affecting
title to real property on behalf of the entity, and containing the other information required by C.R.S.
38-30-172 and/or 38-30-108.5.
9. Statement of Authority for ECO Services, LLC, a Wyoming limited liability company, evidencing the
existence of the entity and authority of the person(s) authorized to execute and deliver instruments
affecting title to real property on behalf of the entity, and containing the other information required
by C.R.S. 38-30-172 and/or 38-30-108.5.
10. Warranty Deed sufficient to convey the fee simple estate or interest in the land described or referred
to herein, to the Proposed Insured.
11. Full release of the Deed of Trust from H2S2 LLC, a Colorado limited liability company to secure an
indebtedness in the principal sum of $400,000.00, and any other amounts and/or obligations secured
thereby, dated June 26, 2018 and recorded June 27, 2018 at Reception No. 4410660.
Trustee: Public Trustee of Weld County
Beneficiary: Brian Houstoun and Alexandria Houstoun
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 50095700 (12-17-21) Page 2 of 15
First Amri an
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
NOTE: The beneficiary must present the following item prior to closing: the original signed release.
This item is subject to review and approval by the company.
NOTE: Modification of Deed of Trust recorded October 2, 2023 at Reception No. 4923575.
12. An ALTA/NSPS Land Title Survey in form, content and certification as may form the basis for issuing
endorsement(s) OEC Delete 1-3 in connection with the Owner's policy to be issued hereunder .
NOTE: Exception may be made to any adverse matters disclosed by the ALTA/NSPS Land Title
Survey.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 50095700 (12-17-21) Page 3 of 15
First Amri an
Commitment No. 5525-4097489
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
SCHEDULE B, PART II —Exceptions
Some historical land records contain Discriminatory Covenants that are illegal and
unenforceable by law. This Commitment and the Policy treat any Discriminatory Covenant in a
document referenced in Schedule B as if each Discriminatory Covenant is redacted,
repudiated, removed, and not republished or recirculated. Only the remaining provisions of the
document will be excepted from coverage.
The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or
easement identified in Schedule A, and will include the following Exceptions unless cleared to the
satisfaction of the Company:
1. Any facts, rights, interests or claims which are not shown by the Public Records, but which could be
ascertained by an inspection of the Land or by making inquiry of persons in possession thereof.
2. Easements, or claims of easements, not shown by the Public Records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a
correct land survey and inspection of the Land would disclose, and which are not shown by the Public
Records.
4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed
by law and not shown in the Public Records.
5. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the
Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on
which all of the Schedule B, Part I —Requirements are met.
Note: Exception number 5 will be removed from the policy provided the Company conducts the
closing and settlement service for the transaction identified in the commitment.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance
thereof.
8. Any water rights, claims of title to water, in, on or under the Land.
9. Rights of way for County Roads 30 feet on either side of Section and Township lines, as established
by the Board of County Commissioners for Weld County, Colorado, recorded October 14, 1889 in
Book 86 at Page 273.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 50095700 (12-17-21) Page 4 of 15
First Amri an
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
10. An easement for irrigation ditch and incidental purpose granted to John D. Wilson in instrument
recorded August 26, 1909 in Book 270 at Page 302.
11. The right of proprietor of a vein or lode to extract or remove his ore should the same be found to
penetrate or intersect the premises thereby granted as reserved in United States patent recorded
October 26, 1909 in Book 131 at Page 286; and any and all assignments thereof or interests therein.
12. An Oil and Gas Lease, executed by Fred L. McCrory as Lessor(s) and by Raymond Chroney as
Lessee(s) for a primary term of 5 years, dated August 26, 1968, recorded October 4, 1968 at
Reception No. 1521945; and any and all assignments thereof or interests therein.
NOTE: Matters affecting the present interest of the lessor or lessee are not shown herein.
13. An undivided 100% in all oil, gas and other minerals as reserved by Fred L. McCrory recorded
February 2, 1971 at Reception No. 1561552, and any and all assignments thereof or interests therein.
14. An easement for electric transmission line and incidental purposes granted to Poudre Valley Rural
Electric Association in instrument recorded August 18, 1976 at Reception No. 1696498.
15. An Oil and Gas Lease, executed by Fred L. McCrory as Lessor(s) and by Sulpher River Exploration,
Inc. as Lessee(s) for a primary term of 5 years, dated May 5, 1980, recorded May 28, 1980 at
Reception No. 1825883; and any and all assignments thereof or interests therein.
NOTE: Matters affecting the present interest of the lessor or lessee are not shown herein.
16. An easement for pipeline and incidental purposes granted to Pantera Energy Corporation in
instrument recorded February 3, 1986 at Reception No. 2041492.
17. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Agreement for Water Storage and Use recorded June 29, 2001 at Reception No.
2861703.
18. Easements, conditions, covenants, restrictions, reservations and notes on the Map of Recorded
Exemption No. 0711 -32 -1 -RE -2962 recorded May 21, 2001 at Reception No. 2850068.
19. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Agreement for Use of Sump Pond recorded June 29, 2001 at Reception No. 3261704.
20. Any portion of the land that lies within any roads including Weld County Road 53.
21. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Irrigation Water and Irrigation System Sharing Agreement recorded July 27, 2004 at
Reception No. 3202909.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 50095700 (12-17-21) Page 5 of 15
First Amri an
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
22. Easement as granted to Poudre Valley Electric Association, Inc. in instrument recorded July 27, 2005
at Reception No. 3307037.
23. An Oil and Gas Lease, executed by The John D. Stephenson Family Trust, Margaret A. Stephenson,
Trustee as Lessor(s) and by Petro -Canada Resources (USA) Inc. as Lessee(s) for a primary term of
3 years, dated July 26, 2005, recorded August 5, 2005 at Reception No. 3310501; and any and all
assignments thereof or interests therein.
NOTE: Matters affecting the present interest of the lessor or lessee are not shown herein.
24. An Oil and Gas Lease, executed by Margaret A. Stephenson as Lessor(s) and by Petro -Canada
Resources (USA) Inc. as Lessee(s) for a primary term of 3 years, dated July 26, 2005, recorded
August 5, 2005 at Reception No. 3310502; and any and all assignments thereof or interests therein.
NOTE: Matters affecting the present interest of the lessor or lessee are not shown herein.
25. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Request for Notification recorded December 5, 2005 at Reception No. 3344859.
26. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Memorandum of Surface Damage and Release Agreement recorded April 9, 2008 at
Reception No. 3546490.
27. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Agreement recorded December 20, 2017 at Reception No. 4361787.
28. Easements, conditions, covenants, restrictions, reservations and notes on the Map of Recorded
Exemption No. 0711-32-01 RECX17-0186 recorded February 14, 2018 at Reception No. 4375464.
29. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Right -of -Way Easement - Underground recorded October 16, 2018 at Reception No.
4439143.
30. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Memorandum of Dedication of Lands and Associated Natural Gas Production recorded
April 10, 2019 at Reception No. 4480048.
31. Any interest in all oil, gas and other minerals conveyed to Janet C. Helbert, Joseph J. Bielinski and/or
Joan M. Bielinski, Trustees of the Bielinski Family Trust Dated July 30, 2014, Julie Ann Dewey and
John F. Wilson II by Mineral Deed, recorded September 23, 2019 at Reception No. 4525767; together
with any rights of ingress and egress therein and any and all assignments thereof or interests
therein.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 50095700 (12-17-21) Page 6 of 15
First Amri an
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
32. Terms, agreements, provisions, conditions, obligations, easements, and restrictions, if any, as
contained in Road Maintenance Agreement according to Policy Regarding Collateral for Improvements
H@S@, LLC -USR19-0015 recorded January 7, 2020 at Reception No. 4556160.
33. Easements, conditions, covenants, restrictions, reservations and notes on the Map of the Colorado
Cultivars USA, LLC Use by Special Review USR19-0015 recorded February 5, 2020 at Reception No.
4564376.
34. Any existing leases or tenancies.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 50095700 (12-17-21) Page 7 of 15
First Amri an
EXHIBIT A
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
The Land referred to herein below is situated in the County of Weld, State of Colorado, and is described
as follows:
LOT A, RECORDED EXEMPTION NO. 0711-32-01 RECX17-0186, ACCORDING TO THE MAP RECORDED
FEBRUARY 14, 2018 AT RECEPTION NUMBER 4375464, BEING A PART OF THE SOUTH HALF OF THE
NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 7 NORTH, RANGE 64 WEST OF THE 6TH P.M.,
COUNTY OF WELD, STATE OF COLORADO.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 50095700 (12-17-21) Page 8 of 15
First Amri an
DISCLOSURE STATEMENT
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
Pursuant to C.R.S. 30-10-406(3)(a) all documents received for recording or filing in the Clerk and
Recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at
least one-half of an inch. The Clerk and Recorder will refuse to record or file any document that does not
conform to the requirements of this section.
NOTE: If this transaction includes a sale of the property and the price exceeds $100,000.00, the seller
must comply with the disclosure/withholding provisions of C.R.S. 39-22-604.5 (Nonresident withholding).
NOTE: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title insurance company
shall be responsible to the proposed insured(s) subject to the terms and conditions of the title
commitment, other than the effective date of the title commitment, for all matters which appear of record
prior to the time of recording whenever the title insurance company, or its agent, conducts the closing
and settlement service that is in conjunction with its issuance of an owner's policy of title insurance and is
responsible for the recording and filing of legal documents resulting from the transaction which was
closed.
Pursuant to C.R.S. 10-11-122, the company will not issue its owner's policy or owner's policies of title
insurance contemplated by this commitment until it has been provided a Certificate of Taxes due or other
equivalent documentation from the County Treasurer or the County Treasurer's authorized agent; or until
the Proposed Insured has notified or instructed the company in writing to the contrary.
The subject property may be located in a special taxing district. A Certificate of Taxes due listing each
taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized
agent. Information regarding special districts and the boundaries of such districts may be obtained from
the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor.
C.R.S. 10-11-122 (4), Colorado Notaries may remotely notarize real estate deeds and other documents
using real-time audio -video communication technology. You may choose not to use remote notarization
for any document.
NOTE: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner's policy commitments containing a mineral severance
instrument exception, or exceptions, in Schedule B, Section 2.
A. That there is recorded evidence that a mineral estate has been severed, leased, or
otherwise conveyed from the surface estate and that there is a substantial likelihood
that a third party holds some or all interest in oil, gas, other minerals, or geothermal
energy in the property; and
B. That such mineral estate may include the right to enter and use the property without
the surface owner's permission.
NOTE: Pursuant to Colorado Division of Insurance Regulations 8-1-2, Affirmative mechanic's
lien protection for the Owner may be available (typically by deletion of Exception no. 4 of
Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon
compliance with the following conditions:
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 50095700 (12-17-21) Page 9 of 15
First Amri an
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
A. The land described in Schedule A of this commitment must be a single family
residence which includes a condominium or townhouse unit.
B. No labor or materials have been furnished by mechanics or material -men for
purposes of construction on the land described in Schedule A of this Commitment
within the past 6 months.
C. The Company must receive an appropriate affidavit indemnifying the Company
against un-filed mechanic's and material -men's liens.
D. The Company must receive payment of the appropriate premium.
E. If there has been construction, improvements or major repairs undertaken on the
property to be purchased within six months prior to the Date of the Commitment, the
requirements to obtain coverage for unrecorded liens will include: disclosure of
certain construction information; financial information as to the seller, the builder
and or the contractor; payment of the appropriate premium, fully executed Indemnity
Agreements satisfactory to the company, and, any additional requirements as may be
necessary after an examination of the aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the
insured has contracted for or agreed to pay.
NOTE: Pursuant to C.R.S. 38-35-125(2) no person or entity that provides closing and settlement services
for a real estate transaction shall disburse funds as a part of such services until those funds have been
received and are available for immediate withdrawal as a matter of right.
NOTE: C.R.S. 39-14-102 requires that a real property transfer declaration accompany any conveyance
document presented for recordation in the State of Colorado. Said declaration shall be completed and
signed by either the grantor or grantee.
NOTE: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false,
incomplete, or misleading facts or information to an insurance company for the purpose of
defrauding or attempting to defraud the company. Penalties may include imprisonment,
fines, denial of insurance and civil damages. Any insurance company or agent of an
insurance company who knowingly provides false, incomplete, or misleading facts or
information to a policyholder or claimant for the purpose of defrauding or attempting to
defraud the policyholder or claimant with regard to a settlement or award payable from
insurance proceeds shall be reported to the Colorado division of insurance within the
department of regulatory agencies.
Nothing herein contained will be deemed to obligate the company to provide any of the coverages
referred to herein unless the above conditions are fully satisfied.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 50095700 (12-17-21) Page 10 of 15
First Amri an
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
ALTA COMMITMENT FOR TITLE INSURANCE
issued by
FIRST AMERICAN TITLE INSURANCE COMPANY
NOTICE
IMPORTANT -READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE
INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE
CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL
OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE
PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY
SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR
THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON,
INCLUDING A PROPOSED INSURED.
THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED
INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS
COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS
COMMITMENT TO ANY OTHER PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I —Requirements; Schedule B, Part II —Exceptions; and the
Commitment Conditions, First American Title Insurance Company, a Nebraska Corporation (the
"Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This
Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in
Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the
Proposed Amount of Insurance and the name of the Proposed Insured.
If all of the Schedule B, Part I —Requirements have not been met within six months after the
Commitment Date, this Commitment terminates and the Company's liability and obligation end.
FIRST AMERICAN TITLE INSURANCE COMPANY
By:
Oy2
Kenneth D. DeGiorgio, President
By:
Lisa W. Cornehl, Secretary
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 50095700 (12-17-21)
Page 11 of 15
First Amri an
COMMITMENT CONDITIONS
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
1. DEFINITIONS
a. "Discriminatory Covenant": Any covenant, condition, restriction, or limitation that is
unenforceable under applicable law because it illegally discriminates against a class of
individuals based on personal characteristics such as race, color, religion, sex, sexual
orientation, gender identity, familial status, disability, national origin, or other legally
protected class.
b. "Knowledge" or "Known": Actual knowledge or actual notice, but not constructive notice
imparted by the Public Records.
c. "Land": The land described in Item 5 of Schedule A and improvements located on that land
that by State law constitute real property. The term "Land" does not include any property
beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any
abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does
not modify or limit the extent that a right of access to and from the Land is to be insured by
the Policy.
d. "Mortgage": A mortgage, deed of trust, trust deed, security deed, or other real property
security instrument, including one evidenced by electronic means authorized by law.
e. "Policy": Each contract of title insurance, in a form adopted by the American Land Title
Association, issued or to be issued by the Company pursuant to this Commitment.
f. "Proposed Amount of Insurance": Each dollar amount specified in Schedule A as the Proposed
Amount of Insurance of each Policy to be issued pursuant to this Commitment.
g. "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each
Policy to be issued pursuant to this Commitment.
h. "Public Records": The recording or filing system established under State statutes in effect at
the Commitment Date under which a document must be recorded or filed to impart
constructive notice of matters relating to the Title to a purchaser for value without
Knowledge. The term "Public Records" does not include any other recording or filing system,
including any pertaining to environmental remediation or protection, planning, permitting,
zoning, licensing, building, health, public safety, or national security matters.
i. "State": The state or commonwealth of the United States within whose exterior boundaries
the Land is located. The term "State" also includes the District of Columbia, the
Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam.
j. "Title": The estate or interest in the Land identified in Item 3 of Schedule A.
2. If all of the Schedule B, Part I —Requirements have not been met within the time period specified in
the Commitment to Issue Policy, this Commitment terminates and the Company's liability and
obligation end.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 50095700 (12-17-21) Page 12 of 15
First Amri an
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
3. The Company's liability and obligation is limited by and this Commitment is not valid without:
a. the Notice;
b. the Commitment to Issue Policy;
c. the Commitment Conditions;
d. Schedule A;
e. Schedule B, Part I —Requirements; and
f. Schedule B, Part II —Exceptions; and
g. a counter -signature by the Company or its issuing agent that may be in electronic form.
4. COMPANY'S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment
to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records
prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5.
The Company is not liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
a. The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's
actual expense incurred in the interval between the Company's delivery to the Proposed
Insured of the Commitment and the delivery of the amended Commitment, resulting from
the Proposed Insured's good faith reliance to:
i. comply with the Schedule B, Part I —Requirements;
ii. eliminate, with the Company's written consent, any Schedule B, Part II —Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
b. The Company is not liable under Commitment Condition 5.a. if the Proposed Insured
requested the amendment or had Knowledge of the matter and did not notify the Company
about it in writing.
c. The Company is only liable under Commitment Condition 4 if the Proposed Insured would
not have incurred the expense had the Commitment included the added matter when the
Commitment was first delivered to the Proposed Insured.
d. The Company's liability does not exceed the lesser of the Proposed Insured's actual expense
incurred in good faith and described in Commitment Condition 5.a. or the Proposed Amount
of Insurance.
e. The Company is not liable for the content of the Transaction Identification Data, if any.
f. The Company is not obligated to issue the Policy referred to in this Commitment unless all of
the Schedule B, Part I —Requirements have been met to the satisfaction of the Company.
g. The Company's liability is further limited by the terms and provisions of the Policy to be
issued to the Proposed Insured.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 50095700 (12-17-21) Page 13 of 15
First Amri an
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND
CHOICE OF FORUM
a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim
under this Commitment.
b. Any claim must be based in contract under the State law of the State where the Land is
located and is restricted to the terms and provisions of this Commitment. Any litigation or
other proceeding brought by the Proposed Insured against the Company must be filed
only in a State or federal court having jurisdiction.
c. This Commitment, as last revised, is the exclusive and entire agreement between the
parties with respect to the subject matter of this Commitment and supersedes all prior
commitment negotiations, representations, and proposals of any kind, whether written or
oral, express or implied, relating to the subject matter of this Commitment.
d. The deletion or modification of any Schedule B, Part II —Exception does not constitute an
agreement or obligation to provide coverage beyond the terms and provisions of this
Commitment or the Policy.
e. Any amendment or endorsement to this Commitment must be in writing and
authenticated by a person authorized by the Company.
f. When the Policy is issued, all liability and obligation under this Commitment will end and
the Company's only liability will be under the Policy.
7. IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT
The issuing agent is the Company's agent only for the limited purpose of issuing title insurance
commitments and policies. The issuing agent is not the Company's agent for closing, settlement,
escrow, or any other purpose.
8. PRO -FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating
the coverage that the Company may provide. A pro -forma policy neither reflects the status of
Title at the time that the pro -forma policy is delivered to a Proposed Insured, nor is it a
commitment to insure.
9. CLAIMS PROCEDURES
This Commitment incorporates by reference all Conditions for making a claim in the Policy to be
issued to the Proposed Insured. Commitment Condition 9 does not modify the limitations of
liability in Commitment Conditions 5 and 6.
10. CLASS ACTION
ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT,
INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS
COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR
DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS
COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS
PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE
PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS
ACTION CONDITION.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 50095700 (12-17-21) Page 14 of 15
First Amri an
Commitment for Title Insurance
Colorado - 2021 v. 01.00 (07-01-2021)
11. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of
Insurance is $2,000,000 or less may be arbitrated at the election of either the Company or the
Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy
of the arbitration rules at http://www.alta.org/arbitration.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by First American Title Insurance Company. This
Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B,
Part I —Requirements; and Schedule B, Part II —Exceptions; and a counter -signature by the Company or its issuing agent that may
be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
ALTA members in good standing as of the date of use. All other uses are prohibited.
Reprinted under license from the American Land Title Association.
Form 50095700 (12-17-21) Page 15 of 15
O0
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4930 11/16/2023 11
Pages: 2 Rec Fe
rly Koppes - Clerk 72.
AM
8.00 Doc Fee: $11
ecorder, Weld Corltji, CO
COQ
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WHEN RECORDED P U N TO:
ECO Properties,
1298 Main StrM Unit
hndso£', CO 84 -SS,
FIIe r er; 5525-4097489
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WAR DEAD
Pits Maw:*
THIS DEED, Made th' eenth day of November V23, between sited liability company
orraraized and ex€s r der and by virtue of t rs of the State of Color rancor, and ECO Pros;
LLc, Colorad tad liability r$ an • se legal address is 3.29 3n Street, Unit A, winds
80550 of the C ty of Weld and State of ado, grantee:
WITN That the grantor, f and in consideration of t m of ONE MILLION 0 UNDRED
TWEN E THOUSAND AND 100 DOLIARS (OOH .00), the receipt and :' ciency of which is
hereb knowledgal, has granted, ` ruined, sold and convey , and by these presents do grant, bargain, sell,
concr and confirm, unto the ratee, his heirs, successors assigns forever, not €n cy in common but €n
enancy, all the real pro , together with improve. .s, if any, situate, lying. Being in the County of ADO
Id, State of Colorado, ci ed as follows:
Vic° \\,
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LOT Ar RECORDED. PTION NO.0711-3 CX17-0 .86, ACCO NG TO THE MAP RAC ED
FEBRUARY 14, 2 AT RECEPTION NUM 7.46,, BEING A P F THE SOUTH HALF E
NORTHEAST ' E SECTION 32, NSH1P 7 NORTH, ' 64 WEST OF THE
COUNTS stm COLORAD
also kno
y street and number as: ^& '9 CotInty Road 53,
TO ` HER with a€€ and singr•i
ap , using and the reversion
and demand whatsoeve
he hereditannents and
▪ TO HAVE AHD TO
hereditaments and app
minders, rents, issues
e grantor, either in leap
rtenances,
he said premises ab
said grantee, his heir assigns forever. And t
does covenant, gr argain and agree to an
ensealing and dpr of these presents, h
perfect, absolute d indefeasible estate of in
wfa�€ authcsato grant, bargain sell an
free and ci from all former and otfa
restrictiwhatever kind or natu
years, . f subject to statutory exce '.n
O e grantor shall and will ., °'RANT AND FOREVER D D the above -bargained
<Na€;eable possession of tW ntee, his heirs and assl•.g against ail and every pe
`diaim€ng the whole or athereof.
The singular nu! . shall include the plural,
applicable to all g s,
, CO 6061E
ances thereunto belong , or in anywise
profits thereof; and all th estate, right, interest,
,quity, of, in and to the e bargained premises,
arrgeined and described the appurtenances, un
antor, for himself, his h . nd person& rep•esentat
. the grantee, his heirs ions, that at the time�e
I seized of the premise e conveyed, has good,
ritance, in law, in fee simple, and has good right, fu
wey the same in manners form aforesaid, and th
ants, bargains, sales, lie ° axes, assessments, encu
ever, and except genet,. ' .es for the current year
power and
e same are
nces and
subsegient
ises an the quiet and
or persons lawfully
lural the singular, and
se of any gender sh& i�
}o : $112.50
Page 1 of 2
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Page of 2
DSO
IN WIT S WH" ;1, The grantor has ca E s corporate name to b- re,unto subscribed by its
Manager, and its c. rate seal to be hereunto ed, attested by its Man.. the day and year first
written,
H2S2 LLC, oiorado /imited !!!iabi€ity corny
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Name: Henry Strazza
Title: Manager nO
Washington
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The foregoing lrsstrurra as acknowledged m d to be e this 1r_iti day of miler, 2023 by Henry zza,
the Manager of H LC
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DO
DSO
DSO
Witness my
My cor mi
DSO
nd and official seas.
expires: 03/21/2026
O �O
HEMPHILL
VARY PUBLIC
ATE OF WASHINGTON
COMMISSION # 198113
OMMISSION EXPIRES 03/21/20288
Notary P:
notarial act involved the u_w of communication technolog
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DEVELOPERS OF AGRICULTURE
111
AGPROfessionals
Deed
Weld County USR Application
Prepared for
ECO Services, LLC
44106:° 06/27/2018 12:47
Total-ges: 1 Rec Fee: $10 Doc Fee: $56.00
C iry Koppes - Clerk and 9corder, Weld County O
�O O
After Recording Re
H2S2 LLC, a Col
36679 WCR 53.
Eaton, CO 8
Doc e j56.00
%(�
eed, made June 26, 2018
een Tyler D. Dyer, of the County Weld, State, of COLORADO, grantor
olorado Limited liability comapny, whose legaladdress is 36679 WCR 5
County of Weld, and State of COLORADO, granteets)
o Limited liability co
-9616 <$>
ECIAL WARRAN
SEED
nd H2S2 LLC, a `2
ton, CO 80615-9616 Qv
WITNESSETI4, That the grantor(s), for and in the consideration of the sum of Five Hundred Sixty
Thousand Dollars and No/100's (5560,000.00 ) 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 granteeis), his heirs and assigns forever, all the real property icgether
with improvements, if any, situate, lying and being in the County of Weld, State of COLORADO described
as follow
Lot A*.corded Exemption No 32-01 RECX17-0186,.ording to the map recd(
14, Z#18 at ((��
Reception Number 4375464 ing a part of the South I'ta of the Northeast Quarter Section 32,
wnship 7 North, Rang est of the 6th P.M.
County of Weld, State o orado
also known by st
nd number as 36679
TOG R with all and singul
anywise app ining, and the reversio
profits th of, and all the estate, rig
in law .•i{ q ity, of, in and to the a
HAVE AND TO
ppi tnances, unto the grant
and personal repres
RRANT AND FORE
possession of the gran
the whole or any pa
The singul.
shall be applicab
IN WIT
SELLER\
T D. Dyer
STATE OF OO
COLOR
ON�O COUNTY FW'
eJ The foregoin i rument was acknowle
�QV
53, Eaton, CO 80615-
< ebruary
reditaments and appu des, thereunto belon or in
nd reversions, remaind nd remainders, rents is and
title, interest, claim and and whatsoever of the gfntor, either
bargained premises, wi he hereditaments and a r nances.
D said premises abw� bargained and des 4d, with the DoQ
their heirs and assigns*rever. The grantor(s), fo@tiemselves, their
ives or successors, d
a DEFEND the above- ained premises in th
their heirs and ass i gainst all and every
of, by, through or and grantor(s).
mber shall include th al, the plural the singnd the use of any ge
all genders.
S WHEREOF, the gran yl 1' as executed this on thA .t a set forth above.
Witness
�nO
My Qmmission ex
WDSt I
hand and official seal
covenant and agree th hey shall and will
let and peaceable p
n or persons claiming (O
---774.—,;-
IL Notary-Publi
,b
I
�
0
O
e
y Tyler D. Dyer.
ESCROW NO.5' t'. 33468-084-LL9
DocuSign Envelope ID: 70A4FDF3-DD4C-467F-9C63-E7DE7E171C99
ii1 111 WAKEFIELD
772 Whalers Way, 4200, Fort Collins, CO 80525
T 970.776.3900 F 970.267.7419
www.cushmanwakefield.com
This form is approved for use by brokers in Colorado by the Colorado Real Estate Commission. A broker's use of this form must be limited to
inserting transaction -specific information within the form. The broker may also advise the parties as to effects of the form, and the broker's use of
the form must be appropriate for the transaction and the circumstances in which it is used. The broker must advise the parties that the form has
important legal consequences and that the parties should consult legal counsel before signing the form.
The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission.
CBS3-6-2L cMandaton 1-221
2
3 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR
4 OTHER COUNSEL BEFORE SIGNING.
5
6
7
8
9
10
11
12
CONTRACT TO BUY AND SELL REAL ESTATE
(COMMERCIAL)
(❑ Property with No Residences)
(® Property with Residences -Residential Addendum Attached)
AGREEMENT
Date: August 18.2023
13 1. AGREEMENT. Buyer agrees to buy and Seller agrees to sell the Property described below on the terms and conditions set
14 forth in this contract (Contract).
15 2. PARTIES AND PROPERTY.
16 2.1. Buyer. ECO Services. LLC and/or Assigns (Buyer) will take title
17 to the Property described below as ❑ Joint Tenants ❑ Tenants In Common ❑ Other
18 2.2. No Assignability. This Contract IS NOT assignable by Buyer unless otherwise specified in Additional Provisions.
19 2.3. Seller. H2S2 LLC (Seller) is the current
20 owner of the Property described below.
21 2.4. Property. The Property is the following legally described real estate in the County of Weld , Colorado
22 (insert legal description):
23
24
25 S2NE4 32-7-64 PT LOT A REC EXEMPT RECX17-0186 EXC BEG E1/4 COR S89D39'W 295.65 N89D39W 598.57 CURVE
26 TO L (R=1347) CHORD=N47D35'E 1001.30 N88D44'E 137.76 S01D27'E 377.91 S89D39'W 295.65 S01D22'E 295.25 TO
27 POB
28 (Exact legal to be taken from the title commitment)
29
30
31
known as: 36679 County Road 53 Eaton CO 80615
Street Address City State Zip
32 together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto and all interest of
33 Seller in vacated streets and alleys adjacent thereto, except as herein excluded (Property).
34 2.5. Inclusions. The Purchase Price includes the following items (Inclusions):
35 2.5.1. Inclusions Attached. If attached to the Property on the date of this Contract, the following items are included
36 unless excluded under Exclusions: lighting, heating, plumbing, ventilating and air conditioning units, TV antennas, inside telephone,
37 network and coaxial (cable) wiring and connecting blocks/jacks, plants, mirrors, floor coverings, intercom systems, built-in kitchen
38 appliances, sprinkler systems and controls, built-in vacuum systems (including accessories) and garage door openers (including
39 remote controls). If checked, the following are owned by the Seller and included : ❑ Solar Panels ❑ Water Softeners ❑
40 Security Systems ❑ Satellite Systems (including satellite dishes). Leased items should be listed under § 2.5.7. (Leased Items). If
41 any additional items are attached to the Property after the date of this Contract, such additional items are also included in the Purchase
42 Price.
43 2.5.2. Inclusions — Not Attached. If on the Property, whether attached or not, on the date of this Contract, the
44 following items are included unless excluded under Exclusions: storm windows, storm doors, window and porch shades, awnings,
CBS3-6-21. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) Page 1 of 21
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11?�ff 1 CUSHMAN &
l� ' WAKEFIELD
772 Whalers Way, 4200, Fort Collins, CO 80525
T 970.776.3900 F 970.267.7419
www.cushmanwakefield.com
45 blinds, screens, window coverings and treatments, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates,
46 heating stoves, storage sheds, carbon monoxide alarms, smoke/fire detectors and all keys.
47 2.5.3.
48 Other Inclusions. The following items, whether fixtures or personal property, are also included in the Purchase Price:
49 All building systems and equipment, including but not limited to heating, ventilation, and air conditioning (HVAC) systems, plumbing
50 systems, electrical systems, and security systems, that are currently on the property at the time of contract execution.
51
52 2.5.4. Encumbered Inclusions. Any Inclusions owned by Seller (e.g., owned solar panels) must be conveyed at
53 Closing by Seller free and clear of all taxes (except personal property and general real estate taxes for the year of Closing), liens and
54 encumbrances, except:
55
56
57 2.5.5. Personal Property Conveyance. Conveyance of all personal property will be by bill of sale or other
58 applicable legal instrument.
59 2.5.6. Parking and Storage Facilities. The use or ownership of the following parking facilities:
60 ; and the use or ownership of the following storage facilities: . Note to Buyer: If exact rights to the parking and storage
61 facilities is a concern to Buyer, Buyer should investigate.
62 2.5.7. Leased Items. The following personal property is currently leased to Seller which well be transferred to
63 Buyer at Closing (Leased Items):
64
65
66 2.5.6. Trade Fixtures. With respect to trade fixtures, Seller and Buyer agree as follows:
67
68
69 The trade fixtures to be conveyed at Closing will be conveyed by Seller free and clear of all taxes (except personal
70 property taxes for the year of Closing), liens and encumbrances, except . Conveyance will be by bill of sale or other applicable
71 legal instrument.
72 2.6. Exclusions. The following items are excluded (Exclusions):
73
74
75 2.7. Water Rights/Well Rights.
76 ® 2.7.1. Deeded Water Rights. The following legally described water rights: Any associated with the property.
77
78
79 Any deeded water rights will be conveyed by a good and sufficient deed at Closing.
80 .1 2.7.2. Other Rights Relating to Water. The following rights relating to water not included in §§ 2.7.1., 2.7.3. and
81 2.7.4., will be transferred to Buyer at Closing: Any associated with the property.
82
83
84
85 ® 2.7.3. Well Rights. Seller agrees to supply required information to Buyer about the well. Buyer understands that if
86 the well to be transferred is a "Small Capacity Well" or a "Domestic Exempt Water Well" used for ordinary household purposes,
87 Buyer must, prior to or at Closing, complete a Change in Ownership form for the well. If an existing well has not been registered
88 with the Colorado Division of Water Resources in the Department of Natural Resources (Division), Buyer must complete a
89 registration of existing well form for the well and pay the cost of registration. If no person will be providing a closing service in
90 connection with the transaction, Buyer must file the form with the Division within sixty days after Closing. The Well Permit # is
91 Any associated with the property.
92
93 ® 2.7.4. Water Stock Certificates. The water stock certificates to be transferred at Closing are as follows: ,±E
94 associated with the property:
95
96
97 2.7.5. Conveyance. If Buyer is to receive any rights to water pursuant to § 2.7.2. (Other Rights Relating to Water),
98 § 2.7.3. (Well Rights), or § 2.7.4. (Water Stock Certificates), Seller agrees to convey such rights to Buyer by executing the applicable
99 legal instrument at Closing.
100 2.7.6 Water Rights Review. Buyer ® Does ❑ Does Not have a Right to Terminate if examination of the Water
101 Rights is unsatisfactory to Buyer on or before the Water Rights Examination Deadline.
102
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&
IIIIII .L WAKEFIELD
103
104 3. DATES, DEADLINES AND APPLICABILITY.
105 3.1. Dates and Deadlines.
772 Whalers Way, #200, Fort Collins, Co 80525
T 970.776.3900 F 970.267.7419
www.cushmanwakefietd.com
Item
No.
Reference
Event
Date or Deadline
1
Time of Dal Deadline
5:00 PM MST
2
.'-3
: 4
Alternative Earnest Money Deadline
3 Days from MEC
Title
3
. 8
Record Title Deadline f and Tax Certificate l
5 Dais from MEC
4
: 8
Record Title Objection Deadline
15 Days from MEC
5
S 8
Off -Record Title Deadline
S Days from MEC
6
: 8
Off -Record Title Objection Deadline
15 Days from MEC
7
: 8
Title Resolution Deadline
20 Days from MEC
8
: 8
Third Pan.- Right to Purchase/Approve Deadline
N/A
Owners' Association
9
; 7
Association Documents Deadline
N/A
10
a 7
Association Documents Termination Deadline
N/A
Seller's Disclosures
11
: 10
Seller's Property Disclosure Deadline
15 days from MEC
12
§ 10
Lead -Based Paint Disclosure Deadline (if Residential
Addendum attached:,
NM
Loan and Credit
13
5 5
New Loan Application Deadline
N/A
14
: 5
New Loan Terms Deadline
N/A
15
: 5
New Loan Availabilir; Deadline
N/A
16
: 5
Buyer's Credit Information Deadline
N/A
17
§ 5
Disapproval of Buyer's Credit Information Deadline
NM
18
: 5
Existing Loan Deadline
N/A
19
: 5
Existing Loan Termination Deadline
N/A
20
: 5
Loan Transfer Approval Deadline
N/A
21
: 4
Seller or Private Financin:_ Deadline
N/A
Appraisal
22
: 6
Appraisal Deadline
NM
23
, 6
Appraisal Objection Deadline
NM
24
ti 6
Appraisal Resolution Deadline
NM
Survey
25
y 9
New ILC or New Survey Deadline
40 Days from MEC
26
9
New ILC or New Survey Objection Deadline
43 Daps from MEC
27
` 9
New ILC or New Survey Resolution Deadline
45 Days from MEC
Inspection and Due Diligence
28
: 2
Water Rild its Examination Deadline
45 Days from MEC
29
8
Mineral Ri4hts Examination Deadline
4S Days from MEC
30
: 10
Inspection Termination Deadline
45 Days from MEC
31
:510
Inspection Objection Deadline
43 Days from MEC
32
: 10
Inspection Resolution Deadline
45 Days from MEC
33
ti 10
Property Insurance Termination Deadline
N/A
34
; 10
Due Diligence Documents Deliver" Deadline
S Days from MEC
36
10
Due Diligence Documents Objection Deadline
45 Days from MEC
29
Due Diligence Documents Extension Deadline
45 Days from MEC
37
t 10
Due Diligence Documents Resolution Deadline
47 Days from MEC
38
: 10
Environmental Inspection Termination Deadline
45 Days from MEC
39
10
ADA Evaluation Termination Deadline
N/A
40
10
Conditional Sale Deadline
N/A
CBS3-6-21. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL)
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I!!
CUSAHMANEE&
WKFILD
772 Whalers Way, #200, Fort Collins, CO 80525
T 970.776.3900 F 970.267.7419
www.cushmanwakefield.com
41
§ 10
Lead -Based Paint Termination Deadline (if Residential
Addendum attached
45 Days from MEC
42 y
c 10
Estoppel Statements Deadline
N/A
43
r 10
Estoppel Statements Termination Deadline
N/A
44
: 10
Closing and Possession
45
: 11
Closing Date
60 days from MEC
46
: 11
Possession Date
Date of Closing
Possession Time
Time of Closing
47
12
Acceptance Deadline Date
August 22'd, 2023
48
: 17
Acceptance Deadline Time
12:00 PM
49
' 17
50
S; 27
51
> 27
106 3.2. Applicability of Terms. If any deadline blank in § 3.1. (Dates and Deadlines) is left blank or completed with "N/A",
107 or the word "Deleted." such deadline is not applicable and the corresponding provision containing the deadline is deleted. Any box
108 checked in this Contract means the corresponding provision applies. If no box is checked in a provision that contains a selection of
109 "None", such provision means that "None" applies.
110 The abbreviation "MEC" (mutual execution of this Contract) means the date upon which both parties have signed this Contract. The
111 abbreviation "N/A" as used in this contract means not applicable.
112
113 3.3. Day; Computation of Period of Days; Deadlines.
114 3.3.1. Day. As used in this Contract. the term "day" means the entire day ending at 11:59 p.m., United States
115 Mountain Time (Standard or Daylight Savings. as applicable). Except however, if a Time of Day Deadline is specified in § 3.1.
116 (Dates and Deadlines). all Objection Deadlines, Resolution Deadlines. Examination Deadlines and Termination Deadlines will end
117 on the specified deadline date at the time of day specified in the Time of Day Deadline_ United States Mountain Time. If Time of
118 Day Deadline is left blank or "N/A" the deadlines will expire at 1159 p.m., United States Mountain Time.
119 3.3.2. Computation of Period of Days. In computing a period of days (e.g., three days after MEC), when the
120 ending date is not specified. the first day is excluded and the last day is included.
121 3.3.3. Deadlines. If any deadline falls on a Saturday, Sunday or federal or Colorado state holiday (Holiday),
122 such deadline ® Will ❑ Will Not be extended to the next day that is not a Saturday, Sunday or Holiday. Should neither box be
123 checked, the deadline will not be extended.
124 4. PURCHASE PRICE AND TERMS.
125 4.1. Price and Terms. The Purchase Price set forth below is payable in U.S. Dollars by Buyer as follows:
Item No.
Reference
Item
Amount
Amount
1 _
y 4.1.
Purchase Price _
$
5
2
ti 4.3.
Earnest Money
3
4.5.
New Loan
$
4
: 4.6.
Assumption Balance
$
5
ti 4.7.
Private Financing
$
6
y 4.7.
Seller Financing
$
7
8
$ _
S
9
ti 4.4.
Cash at Closin_. _
TOTAL
$
10
126 4.2. Seller Concession. At Closing. Seller will eredit to Buyer $ (Seller Coneession). The Seller Coneession may be
127 used for any Buyer fee. Bost_ eharge or expenditure to the extent the amount is allowed by the Buyer's lender and is ineluded in the
128 Closing Statement or Closing Disclosure at Closing. Examples of allowable items to be paid for by the Seller Concession include.
129 but are not limited to: Buyer's elosing eosts. loan discount points. loan origination fees. prepaid items and any other fee. eost, eharge,
130 expense or expenditure. Seller Coneession is in addition to any sum Seller has agreed to pay or-eredit Buyer elsewhere in this
131 Contract.
132 4.3. Earnest Money. The Earnest Money set forth in this Section. in the form of a Check. will be payable to and held by
133 First American Title Compani (Earnest Money Holder), in its trust account, on behalf of both Seller and Buyer. The Earnest Money
CBS3-6-21. CONTRACT TO BUY AND SELL REAL ESTATE (COMLMERCIAL)
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lll�1 CUSHMAN &
il WAKEFIELD
772 Whalers Way, 4200, Fort Collins, CO 80525
T 970.776.3900 F 970.267.7419
www.cushmanwakefield.com
134 deposit must be tendered, by Buyer, with this Contract unless the parties mutually agree to an Alternative Earnest Money Deadline
135 for its payment. The parties authorize delivery of the Earnest Money deposit to the company conducting the Closing (Closing
136 Company), if any, at or before Closing. In the event Earnest Money Holder has agreed to have interest on Earnest Money deposits
137 transferred to a fund established for the purpose of providing affordable housing to Colorado residents, Seller and Buyer acknowledge
138 and agree that any interest accruing on the Earnest Money deposited with the Earnest Money Holder in this transaction will be
139 transferred to such fund.
140 4.3.1. Alternative Earnest Money Deadline. The deadline for delivering the Earnest Money, if other than at the
141 time of tender of this Contract, is as set forth as the Alternative Earnest Money Deadline.
142 4.3.2. Disposition of Earnest Money. If Buyer has a Right to Terminate and timely terminates, Buyer is entitled
143 to the return of Earnest Money as provided in this Contract. If this Contract is terminated as set forth in § 24 and, except as provided
144 in § 23 (Earnest Money Dispute), if the Earnest Money has not already been returned following receipt of a Notice to Terminate,
145 Seller agrees to execute and return to Buyer or Broker working with Buyer, written mutual instructions (e.g., Earnest Money Release
146 form), within three days of Seller's receipt of such form. If Seller is entitled to the Earnest Money, and, except as provided in § 23
147 (Earnest Money Dispute), if the Earnest Money has not already been paid to Seller, following receipt of an Earnest Money Release
148 form, Buyer agrees to execute and return to Seller or Broker working with Seller, written mutual instructions (e.g., Earnest Money
149 Release form), within three days of Buyer's receipt.
150 4.3.2.1. Seller Failure to Timely Return Earnest Money. If Seller fails to timely execute and return the
151 Earnest Money Release Form, or other written mutual instruction, Seller is in default and liable to Buyer as set forth in "If Buyer is
152 in Default, § 20.1 and § 21, unless Buyer is entitled to the Earnest Money due to a Seller Default.
153 4.4. Form of Funds; Time of Payment; Available Funds.
154 4.4.1. Good Funds. All amounts payable by the parties at Closing, including any loan proceeds, Cash at Closing
155 and closing costs, must be in funds that comply with all applicable Colorado laws, including electronic transfer funds, certified
156 check, savings and loan teller's check and cashier's check (Good Funds).
157 4.4.2. Time of Payment. All funds, including the Purchase Price to be paid by Buyer, must be paid before or at
158 Closing or as otherwise agreed in writing between the parties to allow disbursement by Closing Company at Closing OR SUCH
159 NONPAYING PARTY WILL BE IN DEFAULT.
160 4.4.3. Available Funds. Buyer represents that Buyer, as of the date of this Contract, ® Does ❑ Does Not have
161 funds that are immediately verifiable and available in an amount not less than the amount stated as Cash at Closing in § 4.1.
162 4.5. New Loan.
163 4.5.1. Buyer to Pay Loan Costs. Buyer, except as otherwise permitted in § 1.2. (Seller Concession), if applicable,
164 must timely pay Buyer's loan costs, loan discount points, prepaid items and loan origination fees as required by lender.
165 4.5.2. Buyer May Select Financing. Buyer may pay in cash or select financing appropriate and acceptable to
166 Buyer, including a different loan than initially sought, except as restricted in § 1.5.3. (Loan Limitations) or § 29 (Additional
167 Provisions).
168 4.5.3. Loan Limitations. Buyer may purchase the Property using any of the following types of loans:
169 ❑ Conventional O Other
170 4.6. Assumption. Buyer agrees to assume and pay an existing loan in the approximate amount of the Assumption Balance
171 set forth in § 4.1. (Price and Terms), presently payable at $ per including principal and interest presently at the rate of
172 % per annum and also including escrow for the following as indicated: ❑ Real Estate Taxes ❑ Property Insurance
173 Premium and ❑
174 Buyer agrees to pay a loan transfer fee not to exceed $ . At the time of assumption, the new interest rate will not exceed
175 % per annum and the new payment will not exceed $ per principal and interest, plus escrow, if any. If the actual
176 principal balance of the existing loan at Closing is less than the Assumption Balance, which causes the amount of cash required from
177 Buyer at Closing to be increased by more than $ , or if any other terms or provisions of the loan change, Buyer has the Right
178 to Terminate under § 24.1. on or before Closing Date.
179 Seller ❑ Will ❑ Will Not be released from liability on said loan. If applicable, compliance with the requirements for release
180 from liability will be evidenced by delivery ❑ on or before Loan Transfer Approval Deadline ❑ at Closing of an appropriate
181 letter of commitment from lender. Any cost payable for release of liability will be paid by in an amount not to exceed $
182 4.7. Seller or Private Financing.
183 WARNING: Unless the transaction is exempt, federal and state laws impose licensing, other requirements and restrictions on sellers
184 and private financiers. Contract provisions on financing and financing documents, unless exempt, should be prepared by a licensed
185 Colorado attorney or licensed mortgage loan originator. Brokers should not prepare or advise the parties on the specifics of financing,
186 including whether or not a party is exempt from the law.
187 4.7.1. Seller Financing. If Buyer is to pay all er any portion of the Purchase Price with Seller financing,
188 ❑ Buyer ❑ Seller will deliver the proposed Seller financing documents to the other party on or before days before Seller
189 or Private Financing Deadline.
190 4.7.1.1. Seller May Terminate. If Seller is to provide Seller financing, this Contract is conditional upon
191 Seller determining whether such financing is satisfactory to the Seller, including its payments, interest rate, terms, conditions, cost,
CBS3-6-21. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) Page 5 of 21
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i;1 r L WA EFI11CUSHMIELD
772 Whalers Way, 4200, Fort Collins, CO 80525
T 970.776.3900 F 970.267.7419
www.cushmanwakefield.com
192 and compliance with the law. Seller has the Right to Terminate under § 24.1., on or before Seller or Private Financing Deadline,
193 if such Seller financing is not satisfactory to Seller, in Seller's sole subjective discretion.
194 4.7.2. Buyer May Terminate. If Buyer is to pay all or any portion of the Purchase Price with Seller or private
195 financing, this Contract is conditional upon Buyer determining whether such financing is satisfactory to Buyer, including its
196 availability, payments, interest rate, terms, conditions and cest. Buyer has the Right to Terminate under § 24.1., on or before Seller
197 or Private Financing Deadline, if such Seller or private financing is not satisfactory to Buyer, in Buyer's sole subjective discretion.
198
TRANSACTION PROVISIONS
199 5. FINANCING CONDITIONS AND OBLIGATIONS.
200 5.1. New Loan Application. If Buyer is to pay all or part of the Purchase Price by obtaining one or more new loans (New
201 Loan), or if an existing loan is not to be released at Closing, Buyer, if required by such lender, must make an application verifiable
202 b3' -such-lender, on or before New Loan Application Deadline and exercise reasonable efforts to obtain such loan or approval.
203 5.2. New Loan Terms: New Loan Availability.
204 5.2.1. New Loan Terms. If Buyer is to pay all or part of the Purchase Price with a New Loan, this Contract is
205 conditional upon Buyer determining, in Buyer's sole subjective discretion, whether the proposed New Loan's payments, interest
206 rate, conditions and costs or any other loan terms (New Loan Terms) are satisfactory to Buyer. This condition is for the sole benefit
207 of Buyer. Buyer has the Right to Terminate under § 21.1., on or before New Loan Terms Deadline, if the New Loan Terms are not
208 satisfactory to Buyer, in Buyer's sole subjective discretion.
209 5.2.2. New Loan Availability. If Buyer is to pay all or part of the Purchase Price with a New Loan, this Contract is
210 conditional upon Buyer's satisfaction with the availability of the New Loan based on the lender's review and underwriting of Buyer's
211 New Loan Application (New Loan Availability). Buyer has the Right to Terminate under § 24.1., on or before the New Loan
212 if the New Loan Availability is not satisfactory to Buyer. Buyer does not have a Right to Terminate based on
213 the New Loan Availability if the termination is based on the New Loan Terms, Appraised Value (defined below), the Lender Property
214 Requirements (defined below), Insurability (§ 10.5. below) or the Conditional Upon Sale of Property (§ 10.7. below). IF SELLER
215 IS NOT IN DEFAULT AND DOES NOT TIMELY RECEIVE BUYER'S WRITTEN NOTICE TO TERMINATE, BUYER'S
216 EARNEST MONEY WILL BE NONREFUNDABLE, except as otherwise provided in this Contract (e.g., Appraisal, Title,
217 Survey).
218 5.3. Credit Information. If an existing loan is not to be released at Closing, this Contract is conditional (for the sole benefit
219 of Seller) upon Seller's approval of Buyer's financial ability and creditworthiness, which approval will be in Seller's sole subjective
220 discretion. Accordingly: (1) Buyer must supply to Seller by Buyer's Credit Information Deadlineat-Buyerls-expenseTiofefmation
221 and documents (including a current credit report) concerning Buyer's financial, employment and credit condition; (2) Buyer consents
222 that Seller may verify Buyer's financial ability and creditworthiness; and (3) any such information and documents received by Seller
223 must be held by Seller in confidence and not released to others except to protect Seller's interest in this transaction. If the Cash at
224 Closing is less than as set forth in § 4.1. of this Contract, Seller has the Right to Terminate under § 21.1., on or before Closing. If
225 Seller disapproves of Buyer's financial ability or creditworthiness, in Seller's sole subjective discretion, Seller has the Right to
226 Terminate under § 24.1., on or before Disapproval of Buyer's Credit Information Deadline.
227 5.4. Existing Loan Review. If an existing loan is not to be released at Closing, Seller must deliver copies of the loan
228 documents (including note, deed of trust and any modifications) to Buyer by Existing Loan Deadline. For the sole benefit of Buyer,
229 this Contract is conditional upon Buyer's review and approval of the provisions of such loan documents. Buyer has the Right to
230 Terminate under§24.1., en or before Existing Loan Termination Deadline, based on any unsatisfactory provision of such loan
231 documents, in Buyer's sole subjective discretion. If the lender's approval of a transfer of the Property is required, this Contract is
232 conditional upon Buyer obtaining such approval without change in the terms of such loan, except as set forth in § 4.6. If lender's
233 approval is not obtained by Loan Transfer Approval Deadline, this Contract will terminate on such deadline. Seller has the Right
234 to Terminate under § 21.1., on or before Closing, in Seller's sole subjective discretion, if Seller is to be released from liability under
235 such existing loan and Buyer does not obtain such compliance as set forth in § 4.6.
236 6. APPRAISAL PROVISIONS.
237 6.1. Appraisal Definition. An "Appraisal" is an opinion of value prepared by a licensed or certified appraiser, engaged on
238 behalf of Buyer or Buyer's lender, to determine the Property's market value (Appraised Value). The Appraisal may also set forth
239 certain lender requirements, replacements, removals or repairs necessary on or to the Property as a condition for the Property to be
240 valued at the Appraised Value.
241 6.2. Appraised Value. The applicable appraisal provision set forth below applies to the respective loan type set forth in
242 § 4.5.3., or if a cash transaction (i.e., no financing), § 6.2.1 applies.
243 6.2.1. Conventional/Other. Buyer has the right to obtain an Appraisal. If the Appraised Value is less than the
244 Purchase Price, or if the Appraisal is not received by Buyer on or before Appraisal Deadline Buyer may, -on or before Appraisal
245 Objection Deadline:
CBS3-6-21. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) Page 6 of 21
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4f+'# , CUSHMAN &
Iii L WAKEFIELD
772 Whalers Way, #200, Fort Collins, CO 80525
T 970.776.3900 F 970.267.7419
www.cushmanwakefield.com
246 6.2.1.1. Notice to Terminate. Notify Seller in writing, pursuant to § 21.1., that this Contract is terminatcd;
247 or
248 6.2.1.2. Appraisal Objection. Deliver to Seller a written objection accompanied by either a copy of the
249 Appraisal or written notice from lender that confirms the Appraised Value is less than the Purchase Price (Lender Verification).
250 6.2.1.3. Appraisal Resolution. If an Appraisal Objection is received by Seller, on or before Appraisal
251 Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Appraisal Resolution
252 Deadline, this Contract will terminate on the Appraisal Resolution Deadline, unless Seller receives Buyer's written withdrawal of
253 the Appraisal Objection before such termination, (i.e., on or before expiration of Appraisal Resolution Deadline).
254 6.3. Lender Property Requirements. If the lender imposes any written requirements, replacements, removals or repairs,
255 including any specified in the Appraisal (Lender Property Requirements) to be made to the Property (e.g., roof repair, repainting),
256 beyond those matters already agreed to by Seller in this Contract, this Contract terminates on the earlier of three days following
257 Seller's receipt of the Lender Property Requirements, or Closing, unless prior to termination: (1) the parties enter into a written
258 agreement to satisfy the Lender Property Requirements; (2) tho Londcr Property Requirements have boon completed; or (3) the
259 satisfaction of the Lender Property Requirements is waived in writing by Buyer.
260 6.4. Cost of Appraisal. Cost of the Appraisal to be obtained after the date of this Contract must be timely paid by
261 El Buyer ❑ Seller. The cost of the Appraisal may include any and all fees paid to the appraiser, appraisal management company,
262 lender's agent or all three.
263 7. OWNERS' ASSOCIATIONS. This Section is applicable if the Property is located within one or more Common Interest
264 Communities and subject to one or more declarations (Association).
265 7.1. Common Interest Community Disclosure. THE PROPERTY IS LOCATED WITHIN A COMMON
266 INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR THE COMMUNITY. THE OWNER OF
267 THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNERS' ASSOCIATION FOR THE
268 COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE
269 ASSOCIATION. THE DECLARATION, BYLAWS AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL
270 OBLIGATIONS UPON THE OWNER OF THE PROPERTY, INCLUDING AN OBLIGATION TO PAY ASSESSMENTS
271 OF THE ASSOCIATION. IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, THE ASSOCIATION COULD
272 PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT. THE DECLARATION, BYLAWS
273 AND RULES AND REGULATIONS OF THE COMMUNITY MAY PROHIBIT THE OWNER FROM MAKING
274 CHANGES TO THE PROPERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE ASSOCIATION (OR A
275 COMMITTEE OF THE ASSOCIATION) AND THE APPROVAL OF THE ASSOCIATION. PURCHASERS OF
276 PROPERTY WITHIN THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE THE FINANCIAL
277 OBLIGATIONS OF MEMBERS OF THE ASSOCIATION. PURCHASERS SHOULD CAREFULLY READ THE
278 DECLARATION FOR THE COMMUNITY AND THE BYLAWS AND RULES AND REGULATIONS OF THE
279 ASSOCIATION.
280 7.2. Association Documents to Buyer. Seller is obligated to provide to Buyer the Association Documents (defined below),
281 at Seller's expense, on or before Association Documents Deadline. Seller authorizes the Association to provide the Association
282 Documents to Buyer, at Seller's expense. Seller's obligation to provide the Association Documents is fulfilled upon Buyer's receipt
283 of the Association Documents, regardless of who provides such documents.
284 7.3. Association Documents. Association documents (Association Documents) consist of the following:
285 7.3.1. All Association declarations, articles of incorporation, bylaws, articles of organization, operating agreements,
286 rules and regulations, party wall agreements and the Association's responsible governance policies adopted under § 38-33.3-209.5,
287 C.R.S.;
288 7.3.2. Minutes of: (1) the annual owners' or members' meeting and (2) any executive boards' or managers' meetings;
289 such minutes include those provided under the most current annual disclosure required under § 38-33.3-209.4, C.R.S. (Annual
290 Disclosure) and minutes of meetings, if any, subsequent to the minutes disclosed in the Annual Disclosure. If none of the preceding
291 minutes exist, then the most recent minutes, if any (§§ 7.3.1. and 7.3.2., collectively, Governing Documents); and
292 7.3.3. List of all Association insurance policies as provided in the Association's last Annual Disclosure, including,
293 but not limited to, property, general liability, association director and officer professional liability and fidelity policies. The list must
294 include the company names, policy limits, policy deductibles, additional named insureds and expiration dates of the policies listed
295 (Association Insurance Documents);
296 7.3.4. A list by unit type of the Association's assessments, including both regular and special assessments as
297 disclosed in the Association's last Annual Disclosure;
298 7.3.5. The Association's most recent financial documents which consist of: (I) the Association's operating budget
299 for the current fiscal year, (2) the Association's most recent annual financial statements, including any amounts held in reserve for
300 the fiscal year immediately preceding the Association's last Annual Disclosure, (3) the results of the Association's most recent
301 available financial audit or review, (4) list of the fees and charges (regardless of name or title of such fees or charges) that the
302 Association's community association manager or Association will charge in connection with the Closing including, but not limited
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�III�'j�� CUSHMAN &
Wl WAKEFIELD
772 Whalers Way, #200, Fort Collins, CO 80525
T 970.776.3900 F 970.267.7419
www.cushma nwakefield.com
303 to, any fee incident to the issuance of the Association's statement of assessments (Status Letter), any rush or update fee charged for
304 the Status Letter, any record change fee or ownership record transfer fees (Record Change Fee), fees to access documents, (5) list of
305 all assessments required to be paid in advance, reserves or working capital due at Closing and (6) reserve study, if any (§§ 7.3.4. and
306 7.3.5., collectively, Financial Documents);
307 7.3.6. Any written notice from the Association to Seller of a "construction defect action" under § 38-33.3-303.5,
308 C.R.S. within the past six months and the result of whether the Association approved or disapproved such action (Construction
309 Defect Documents). Nothing in this Section limits the Seller's obligation to disclose adverse material facts as required under § 10.2.
310 (Disclosure of Adverse Material Facts; Subsequent Disclosure; Present Condition) including any problems or defects in the common
311 elements or limited common elements of the Association property.
312 7.4. Conditional on Buyer's Review. Buyer has the right to review the Association Documents. Buyer has the Right to
313 Terminate under § 24.1., on or before Association Documents Termination Deadline, based on any unsatisfactory provision in
314 any of the Association Documents, in Buyer's sole subjective discretion. Should Buyer receive the Association Documents after
315 Association Documents Deadline, Buyer, at Buyer's option, has the Right to Terminate under § 24.1. by Buyer's Notice to
316 Terminate received by Seller on or before ten days after Buyer's receipt of the Association Documents. If Buyer does not receive
317 the Association Documents, or if Buyer's Notice to Terminate would otherwise be required to be received by Seller after Closing
318 Date, Buyer's Notice to Terminate must be received by Seller on or before Closing. If Seller does not receive Buyer's Notice to
319 Terminate within such time, Buyer accepts the provisions of the Association Documents as satisfactory and Buyer waives any Right
320 to Terminate under this provision, notwithstanding the provisions of § 8.6. (Third Party Right to Purchase/Approve).
321 8. TITLE INSURANCE, RECORD TITLE AND OFF -RECORD TITLE.
322 8.1. Evidence of Record Title.
323 ❑ 8.1.1. Seller Selects Title Insurance Company. If this box is checked, Seller will select the title insurance
324 company to furnish the owner's title insurance policy at Seller's expense. On or before Record Title Deadline, Seller must furnish
325 to Buyer, a current commitment for an owner's title insurance policy (Title Commitment), in an amount equal to the Purchase Price,
326 or if this box is checked, ❑ an Abstract of Title certified to a current date. Seller will cause the title insurance policy to be issued
327 and delivered to Buyer as soon as practicable at or after Closing.
328 ® 8.1.2. Buyer Selects Title Insurance Company. If this box is checked, Buyer will select the title insurance
329 company to furnish the owner's title insurance policy at Buyer's expense. On or before Record Title Deadline, Buyer must furnish to
330 Seller, a current commitment for owner's title insurance policy (Title Commitment), in an amount equal to the Purchase Price.
331 If neither box in § 8.1.1. or § 8.1.2. is checked, § 8.1.1. applies.
332 8.1.3. Owner's Extended Coverage (OEC). The Title Commitment ® Will ❑ Will Not contain Owner's
333 Extended Coverage (OEC). If the Title Commitment is to contain OEC, it will commit to delete or insure over the standard
334 exceptions which relate to: (1) parties in possession, (2) unrecorded easements, (3) survey matters, (4) unrecorded mechanics' liens,
335 (5) gap period (period between the effective date and time of commitment to the date and time the deed is recorded) and (6) unpaid
336 taxes, assessments and unredeemed tax sales prior to the year of Closing. Any additional premium expense to obtain OEC will be
337 paid by ❑ Buyer ❑ Seller ® One -Half by Buyer and One -Half by Seller ❑ Other
338 Regardless of whether the Contract requires OEC, the Title Insurance Commitment may not provide OEC or delete or insure over
339 any or all of the standard exceptions for OEC. The Title Insurance Company may require a New Survey or New ILC, defined below,
340 among other requirements for OEC. If the Title Insurance Commitment is not satisfactory to Buyer, Buyer has a right to object under
341 § 8.7. (Right to Object to Title, Resolution).
342 8.1.4. Title Documents. Title Documents consist of the following: (1) copies of any plats, declarations, covenants,
343 conditions and restrictions burdening the Property and (2) copies of any other documents (or, if illegible, summaries of such
344 documents) listed in the schedule of exceptions (Exceptions) in the Title Commitment furnished to Buyer (collectively, Title
345 Documents).
346 8.1.5. Copies of Title Documents. Buyer must receive, on or before Record Title Deadline, copies of all Title
347 Documents. This requirement pertains only to documents as shown of record in the office of the clerk and recorder in the county
348 where the Property is located. The cost of furnishing copies of the documents required in this Section will be at the expense of the
349 party or parties obligated to pay for the owner's title insurance policy.
350 8.1.6. Existing Abstracts of Title. Seller must deliver to Buyer copies of any abstracts of title covering all or any
351 portion of the Property (Abstract of Title) in Seller's possession on or before Record Title Deadline.
352 8.2. Record Title. Buyer has the right to review and object to the Abstract of Title or Title Commitment and any of the
353 Title Documents as set forth in § 8.7. (Right to Object to Title, Resolution) on or before Record Title Objection Deadline. Buyer's
354 objection may be based on any unsatisfactory form or content of Title Commitment or Abstract of Title, notwithstanding § 13, or
355 any other unsatisfactory title condition, in Buyer's sole subjective discretion. If the Abstract of Title, Title Commitment or Title
356 Documents are not received by Buyer on or before the Record Title Deadline, or if there is an endorsement to the Title Commitment
357 that adds a new Exception to title, a copy of the new Exception to title and the modified Title Commitment will be delivered to
358 Buyer. Buyer has until the earlier of Closing or ten days after receipt of such documents by Buyer to review and object to: (1) any
359 required Title Document not timely received by Buyer, (2) any change to the Abstract of Title, Title Commitment or Title Documents,
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1lEll a WAKEFIELD
CUSHMAN &
772 Whalers Way, 8200, Fort Collins, CO 80525
T 970.776.3900 F 970.267.7419
www.cushmanwakefield.com
360 or (3) any endorsement to the Title Commitment. If Seller receives Buyer's Notice to Terminate or Notice of Title Objection,
361 pursuant to this § 8.2. (Record Title), any title objection by Buyer is governed by the provisions set forth in § 8.7. (Right to Object
362 to Title, Resolution). If Seller has fulfilled all Seller's obligations, if any, to deliver to Buyer all documents required by § 8.1.
363 (Evidence of Record Title) and Seller does not receive Buyer's Notice to Terminate or Notice of Title Objection by the applicable
364 deadline specified above, Buyer accepts the condition of title as disclosed by the Abstract of Title, Title Commitment and Title
365 Documents as satisfactory.
366 8.3. Off -Record Title. Seller must deliver to Buyer, on or before Off -Record Title Deadline, true copies of all existing
367 surveys in Seller's possession pertaining to the Property and must disclose to Buyer all easements, liens (including, without
368 limitation, governmental improvements approved, but not yet installed) or other title matters not shown by public records, of which
369 Seller has actual knowledge (Off -Record Matters). This Section excludes any New ILC or New Survey governed under § 9 (New
370 ILC, New Survey). Buyer has the right to inspect the Property to investigate if any third party has any right in the Property not shown
371 by public records (e.g., unrecorded easement, boundary line discrepancy or water rights). Buyer's Notice to Terminate or Notice of
372 Title Objection of any unsatisfactory condition (whether disclosed by Seller or revealed by such inspection, notwithstanding § 8.2.
373 (Record Title) and § 13 (Transfer of Title), in Buyer's sole subjective discretion, must be received by Seller on or before Off -Record
374 Title Objection Deadline. If an Off -Record Matter is received by Buyer after the Off -Record Title Deadline, Buyer has until the
375 earlier of Closing or ten days after receipt by Buyer to review and object to such Off -Record Matter. If Seller receives Buyer's Notice
376 to Terminate or Notice of Title Objection pursuant to this § 8.3. (Off -Record Title), any title objection by Buyer is governed by the
377 provisions set forth in § 8.7. (Right to Object to Title, Resolution). If Seller does not receive Buyer's Notice to Terminate or Notice
378 of Title Objection by the applicable deadline specified above, Buyer accepts title subject to such Off -Record Matters and rights, if
379 any, of third parties not shown by public records of which Buyer has actual knowledge.
380 8.4. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION
381 INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE
382 PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK
383 FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE
384 CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH
385 INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYERS SHOULD INVESTIGATE THE
386 SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE COUNTY
387 TREASURER, BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY AND BY OBTAINING
388 FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND
389 RECORDER, OR THE COUNTY ASSESSOR
390 8.5. Tax Certificate. A tax certificate paid for by ® Seller ❑ Buyer, for the Property listing any special taxing districts
391 that affect the Property (Tax Certificate) must be delivered to Buyer on or before Record Title Deadline. If the Property is located
392 within a special taxing district and such inclusion is unsatisfactory to Buyer, in Buyer's sole subjective discretion, Buyer may
393 terminate, on or before Record Title Objection Deadline. Should Buyer receive the Tax Certificate after Record Title Deadline,
394 Buyer, at Buyer's option, has the Right to Terminate under § 24.1. by Buyer's Notice to Terminate received by Seller on or before
395 ten days after Buyer's receipt of the Tax Certificate. If Buyer does not receive the Tax Certificate, or if Buyer's Notice to Terminate
396 would otherwise be required to be received by Seller after Closing Date, Buyer's Notice to Terminate must be received by Seller on
397 or before Closing. If Seller does not receive Buyer's Notice to Terminate within such time, Buyer accepts the provisions of the Tax
398 Certificate and the inclusion of the Property in a special taxing district, if applicable, as satisfactory and Buyer waives any Right to
399 Terminate under this provision. If Buyer's loan specified in §4.5.3, (Loan Limitations) prohibits Buyer from paying for the Tax
400 Certificate, the Tax Certificate will be paid for by Seller.
401 8.6. Third Party Right to Purchase/Approve. If any third party has a right to purchase the Property (e.g., right of first
402 refusal on the Property, right to purchase the Property under a lease or an option held by a third party to purchase the Property) or a
403 right of a third party to approve this Contract, Seller must promptly submit this Contract according to the terms and conditions of
404 such right. If the third -party holder of such right exercises its right this Contract will terminate. If the third party's right to purchase
405 is waived explicitly or expires, or the Contract is approved, this Contract will remain in full force and effect. Seller must promptly
406 notify Buyer in writing of the foregoing. If the third party right to purchase is exercised or approval of this Contract has not occurred
407 on or before Third Party Right to Purchase/Approve Deadline, this Contract will then terminate. Seller will supply to Buyer, in
408 writing, details of any Third Party Right to Purchase the Property on or before the Record Title Deadline.
409 8.7. Right to Object to Title, Resolution. Buyer has a right to object or terminate, in Buyer's sole subjective discretion,
410 based on any title matters including those matters set forth in § 8.2. (Record Title), § 8.3. (Off -Record Title), § 8.5. (Special Taxing
411 District) and § 13 (Transfer of Title). If Buyer exercises Buyer's rights to object or terminate based on any such title matter, on or
412 before the applicable deadline, Buyer has the following options:
413 8.7.1. Title Objection, Resolution. If Seller receives Buyer's written notice objecting to any title matter (Notice of
414 Title Objection) on or before the applicable deadline and if Buyer and Seller have not agreed to a written settlement thereof on or
415 before Title Resolution Deadline, this Contract will terminate on the expiration of Title Resolution Deadline, unless Seller receives
416 Buyer's written withdrawal of Buyer's Notice of Title Objection (i.e., Buyer's written notice to waive objection to such items and
417 waives the Right to Terminate for that reason), on or before expiration of Title Resolution Deadline. If either the Record Title
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11111CUSHMAN &
'lit WAKEFIELD
772 Whalers Way, 4200, Fort Collins, CO 80525
T 970.776.3900 F 970.267.7419
www.cushmanwakefield.com
418 Deadline or the Off -Record Title Deadline, or both, are extended pursuant to § 8.2. (Record Title) or § 8.3. (Off -Record Title) the
419 Title Resolution Deadline also will be automatically extended to the earlier of Closing or fifteen days after Buyer's receipt of the
420 applicable documents; or
421 8.7.2. Title Objection, Right to Terminate. Buyer may exercise the Right to Terminate under § 24.1., on or before
422 the applicable deadline, based on any title matter unsatisfactory to Buyer, in Buyer's sole subjective discretion.
423 If expiration or waiver of the right of first refusal or approval of this Contract has not occurred on or before Right of First
424 Refusal Deadline, this Contract will then terminate.
425 8.8. Title Advisory. The Title Documents affect the title, ownership and use of the Property and should be reviewed
426 carefully. Additionally, other matters not reflected in the Title Documents may affect the title, ownership and use of the Property,
427 including, without limitation, boundary lines and encroachments, set -back requirements, area, zoning, building code violations,
428 unrecorded easements and claims of easements, leases and other unrecorded agreements, water on or under the Property and various
429 laws and governmental regulations concerning land use, development and environmental matters.
430 8.8.1. OIL, GAS, WATER AND MINERAL DISCLOSURE. THE SURFACE ESTATE OF THE
431 PROPERTY MAY BE OWNED SEPARATELY FROM THE UNDERLYING MINERAL ESTATE AND TRANSFER OF
432 THE SURFACE ESTATE MAY NOT NECESSARILY INCLUDE TRANSFER OF THE MINERAL ESTATE OR WATER
433 RIGHTS. THIRD PARTIES MAY OWN OR LEASE INTERESTS IN OIL, GAS, OTHER MINERALS, GEOTHERMAL
434 ENERGY OR WATER ON OR UNDER THE SURFACE OF THE PROPERTY, WHICH INTERESTS MAY GIVE THEM
435 RIGHTS TO ENTER AND USE THE SURFACE OF THE PROPERTY TO ACCESS THE MINERAL ESTATE, OIL,
436 GAS OR WATER.
437 8.8.2. SURFACE USE AGREEMENT. THE USE OF THE SURFACE ESTATE OF THE PROPERTY TO
438 ACCESS THE OIL, GAS OR MINERALS MAY BE GOVERNED BY A SURFACE USE AGREEMENT, A
439 MEMORANDUM OR OTHER NOTICE OF WHICH MAY BE RECORDED WITH THE COUNTY CLERK AND
440 RECORDER.
441 8.8.3. OIL AND GAS ACTIVITY. OIL AND GAS ACTIVITY THAT MAY OCCUR ON OR ADJACENT
442 TO THE PROPERTY MAY INCLUDE, BUT IS NOT LIMITED TO, SURVEYING, DRILLING, WELL COMPLETION
443 OPERATIONS, STORAGE, OIL AND GAS, OR PRODUCTION FACILITIES, PRODUCING WELLS, REWORKING
444 OF CURRENT WELLS AND GAS GATHERING AND PROCESSING FACILITIES.
445 8.8.4. ADDITIONAL INFORMATION. BUYER IS ENCOURAGED TO SEEK ADDITIONAL
446 INFORMATION REGARDING OIL AND GAS ACTIVITY ON OR ADJACENT TO THE PROPERTY, INCLUDING
447 DRILLING PERMIT APPLICATIONS. THIS INFORMATION MAY BE AVAILABLE FROM THE COLORADO OIL
448 AND GAS CONSERVATION COMMISSION.
449 8.8.5. Title Insurance Exclusions. Matters set forth in this Section and others, may be excepted, excluded from, or
450 not covered by the owner's title insurance policy.
451 8.9. Mineral Rights Review. Buyer ® Does ❑ Does Not have a Right to Terminate if examination of the Mineral Rights
452 is unsatisfactory to Buyer on or before the Mineral Rights Examination Deadline
453
454 9. NEW ILC, NEW SURVEY.
455 9.1. New ILC or New Survey. If the box is checked, (1) ® New Improvement Location Certificate (New ILC); or, (2)
456 ❑ New Survey in the form of ; is required and the following will apply:
457 9.1.1. Ordering of New ILC or New Survey. ❑ Seller ❑ Buyer will order the New ILC or New Survey. The
458 New ILC or New Survey may also be a previous ILC or survey that is in the above -required form, certified and updated as of a date
459 after the date of this Contract.
460 9.1.2. Payment for New ILC or New Survey. The cost of the New ILC or New Survey will be paid, on or before
461 Closing, by: ® Seller ❑ Buyer or: To be reimbursed bi' Bul'er at Closing.
462
463
464 9.1.3. Delivery of New ILC or New Survey. Buyer, Seller, the issuer of the Title Commitment (or the provider of
465 the opinion of title if an Abstract of Title) and will receive a New ILC or New Survey on or before New ILC or New Survey
466 Deadline.
467 9.1.4. Certification of New ILC or New Survey. The New ILC or New Survey will be certified by the surveyor to
468 all those who are to receive the New ILC or New Survey.
469 9.2. Buyer's Right to Waive or Change New ILC or New Survey Selection. Buyer may select a New ILC or New
470 Survey different than initially specified in this Contract if there is no additional cost to Seller or change to the New ILC or New
471 Survey Objection Deadline. Buyer may, in Buyer's sole subjective discretion, waive a New ILC or New Survey if done prior to
472 Seller incurring any cost for the same.
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IIIIICUSHMAN &
ilL. WAKEFIELD
772 Whalers Way, #200, Fort Collins, CO 80525
T 970.776.3900 F 970.267.7419
www.cushmanwakefield.com
473 9.3. New ILC or New Survey Objection. Buyer has the right to review and object based on the New ILC or New Survey.
474 If the New ILC or New Survey is not timely received by Buyer or is unsatisfactory to Buyer, in Buyer's sole subjective discretion,
475 Buyer may, on or before New ILC or New Survey Objection Deadline, notwithstanding § 8.3. or § 13:
476 9.3.1. Notice to Terminate. Notify Seller in writing, pursuant to § 24.1, that this Contract is terminated; or
477 9.3.2. New ILC or New Survey Objection. Deliver to Seller a written description of any matter that was to be
478 shown or is shown in the New ILC or New Survey that is unsatisfactory and that Buyer requires Seller to correct.
479 9.3.3. New ILC or New Survey Resolution. If a New ILC or New Survey Objection is received by Seller, on or
480 before New ILC or New Survey Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on
481 or before New ILC or New Survey Resolution Deadline, this Contract will terminate on expiration of the New ILC or New Survey
482 Resolution Deadline, unless Seller receives Buyer's written withdrawal of the New ILC or New Survey Objection before such
483 termination (i.e., on or before expiration of New ILC or New Survey Resolution Deadline).
484
DISCLOSURE, INSPECTION AND DUE DILIGENCE
485 10. PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY AND DUE DILIGENCE.
486 10.1. Seller's Property Disclosure. On or before Seller's Property Disclosure Deadline, Seller agrees to deliver to Buyer
487 the most current version of the applicable Colorado Real Estate Commission's Seller's Property Disclosure form completed by Seller
488 to Seller's actual knowledge and current as of the date of this Contract.
489 10.2. Disclosure of Adverse Material Facts; Subsequent Disclosure; Present Condition. Seller must disclose to Buyer
490 any adverse material facts actually known by Seller as of the date of this Contract. Seller agrees that disclosure of adverse material
491 facts will be in writing. In the event Seller discovers an adverse material fact after the date of this Contract, Seller must timely
492 disclose such adverse fact to Buyer. Buyer has the Right to Terminate based on the Seller's new disclosure on the earlier of Closing
493 or five days after Buyer's receipt of the new disclosure. Except as otherwise provided in this Contract, Buyer acknowledges that
494 Seller is conveying the Property to Buyer in an "As Is" condition, "Where Is" and "With All Faults."
495 10.3. Inspection. Unless otherwise provided in this Contract, Buyer, acting in good faith, has the right to have inspections
496 (by one or more third parties, personally or both) of the Property, Leased Items, and Inclusions (Inspection), at Buyer's expense. If
497 (1) the physical condition of the Property, including, but not limited to, the roof, walls, structural integrity of the Property, the
498 electrical, plumbing, HVAC and other mechanical systems of the Property, (2) the physical condition of the Inclusions and Leased
499 Items, (3) service to the Property (including utilities and communication services), systems and components of the Property (e.g.,
500 heating and plumbing), (4) any proposed or existing transportation project, road, street or highway, or (5) any other activity, odor or
501 noise (whether on or off the Property) and its effect or expected effect on the Property or its occupants is unsatisfactory, in Buyer's
502 sole subjective discretion, Buyer may:
503 10.3.1. Inspection Termination. On or before the Inspection Termination Deadline, notify Seller in writing,
504 pursuant to § 24.1., that this Contract is terminated due to any unsatisfactory condition, provided the Buyer did not previously deliver
505 an Inspection Objection. Buyer's Right to Terminate under this provision expires upon delivery on an Inspection Objection to Seller
506 pursuant to § 10.3.2.; or
507 10.3.2 Inspection Objection. On or before the Inspection Objection Deadline, deliver to Seller a written
508 description of any unsatisfactory condition that Buyer requires Seller to correct.
509
510 10.3.3. Inspection Resolution. If an Inspection Objection is received by Seller, on or before Inspection Objection
511 Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Inspection Resolution Deadline,
512 this Contract will terminate on Inspection Resolution Deadline unless Seller receives Buyer's written withdrawal of the Inspection
513 Objection before such termination (i.e., on or before expiration of Inspection Resolution Deadline). Nothing in this provision
514 prohibits the Buyer and the Seller from mutually terminating this Contract before the Inspection Resolution Deadline passes by
515 executing an Earnest Money Release.
516 10.4. Damage, Liens and Indemnity. Buyer, except as otherwise provided in this Contract or other written agreement
517 between the parties, is responsible for payment for all inspections, tests, surveys, engineering reports, or other reports performed at
518 Buyer's request (Work) and must pay for any damage that occurs to the Property and Inclusions as a result of such Work. Buyer
519 must not permit claims or liens of any kind against the Property for Work performed on the Property. Buyer agrees to indemnify,
520 protect and hold Seller harmless from and against any liability, damage, cost or expense incurred by Seller and caused by any such
521 Work, claim, or lien. This indemnity includes Seller's right to recover all costs and expenses incurred by Seller to defend against
522 any such liability, damage, cost or expense, or to enforce this Section, including Seller's reasonable attorney fees, legal fees and
523 expenses. The provisions of this Section survive the termination of this Contract. This § 10.4. does not apply to items performed
524 pursuant to an Inspection Resolution.
525 10.5. Insurability. Buyer has the Right to Terminate under § 24.1., on or before Property Insurance Termination
526 Deadline, based on any unsatisfactory provision of the availability, terms and conditions and premium for property insurance
527 (Property Insurance) on the Property, in Buyer's sole subjective discretion.
528 10.6. Due Diligence.
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I�iWY WAKEFIELD
111
772 Whalers Way, 4200, Fort Collins, CO 80525
T 970.776.3900 F 970.267.7419
www.cushmanwakefield.com
529 10.6.1. Due Diligence Documents. Seller agrees to deliver copies of the following documents and information
530 pertaining to the Property and Leased Items (Due Diligence Documents) to Buyer on or before Due Diligence Documents Delivery
531 Deadline:
532 ® 10.6.1.1. Occupancy Agreements. All current leases, including any amendments or other occupancy
533 agreements, pertaining to the Property. Those leases or other occupancy agreements pertaining to the Property that survive Closing
534 are as follows (Leases):
535
536
537 10.6.1.2. Leased Items Documents. If any lease of personal property (§ 2.5.7., Leased Items) will be
538 transferred to Buyer and Closing, Seller agrees to deliver copies of the leases and information pertaining to the personal property to
539 Buyer on or before Due Diligence Documents Delivery Deadline. Buyer ❑ Will ❑ Will Not assume the Seller's obligations
540 under such leases for the Leased Items (§ 2.5.7., Leased Items).
541
542 10.6.1.3. Encumbered Inclusions Documents. If any inclusions owned by Seller are encumbered pursuant
543 to § 2.5.4. (Encumbered Inclusions) above, Seller agrees to deliver copies of the evidence of debt, security and any other documents
544 creating the encumbrance to Buyer on or before Due Diligence Documents Delivery Deadline. Buyer ❑ Will ® Will Not assume
545 the debt on the Encumbered Inclusions (§ 2.5.4., Encumbered Inclusions).
546
547 10.6.1.4. Other Documents. If the respective box is checked, Seller agrees to additionally deliver copies
548 of the following:
549 ® 10.6.1.4.1. All contracts relating to the operation, maintenance and management of the Property;
550 ® 10.6.1.4.2. Property tax bills for the last S years;
551 ® 10.6.1.4.3. As -built construction plans to the Property and the tenant improvements, including
552 architectural, electrical, mechanical and structural systems; engineering reports; and permanent Certificates of Occupancy, to the
553 extent now available;
554 ® 10.6.1.4.4. A list of all Inclusions to be conveyed to Buyer;
555 ® 10.6.1.4.5. Operating statements for the past two years;
556 ® 10.6.1.4.6. A rent roll accurate and correct to the date of this Contract;
557
558
559 ® 10.6.1.4.7. A schedule of any tenant improvement work Seller is obligated to complete but has
560 not yet completed and capital improvement work either scheduled or in process on the date of this Contract;
561 ® 10.6.1.4.8. All insurance policies pertaining to the Property and copies of any claims which have
562 been made for the past years;
563 ® 10.6.1.4.9. Soils reports, surveys and engineering reports or data pertaining to the Property (if not
564 delivered earlier under § 8.3.);
565 ® 10.6.1.4.10. Any and all existing documentation and reports regarding Phase I and II
566 environmental reports, letters, test results, advisories and similar documents respective to the existence or nonexistence of asbestos,
567 PCB transformers, or other toxic, hazardous or contaminated substances and/or underground storage tanks and/or radon gas. If no
568 reports are in Seller's possession or known to Seller, Seller warrants that no such reports are in Seller's possession or known to
569 Seller;
570 ® 10.6.1.4.11. Any Americans with Disabilities Act reports, studies or surveys concerning the
571 compliance of the Property with said Act;
572 ® 10.6.1.4.12. All permits, licenses and other building or use authorizations issued by any
573 governmental authority with jurisdiction over the Property and written notice of any violation of any such permits, licenses or use
574 authorizations, if any; and
575 ® 10.6.1.4.13. Other: An and all survej•s of the nronerry ; A list of vendors. maintenance,
576 and service contracts
577
578
579 10.6.2. Due Diligence Documents Review and Objection. Buyer has the right to review and object based on the Due
580 Diligence Documents. If the Due Diligence Documents are not supplied to Buyer or are unsatisfactory, in Buyer's sole subjective
581 discretion, Buyer may, on or before Due Diligence Documents Objection Deadline:
582 10.6.2.1. Notice to Terminate. Notify Seller in writing, pursuant to § 24.1., that this Contract is terminated;
583 or
584 10.6.2.2. Due Diligence Documents Objection. Deliver to Seller a written description of any
585 unsatisfactory Due Diligence Documents that Buyer requires Seller to correct.
CBS3-6-21. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) Page 12 of 21
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111111
CUSHMAN &
i WAKEFIELD
772 Whalers Way, #200, Fort Collins, CO 80525
T 970.776.3900 F 970.267.7419
www.cushmanwakefield.com
586 10.6.2.3. Due Diligence Documents Resolution. If a Due Diligence Documents Objection is received by
587 Seller, on or before Due Diligence Documents Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement
588 thereof on or before Due Diligence Documents Resolution Deadline, this Contract will terminate on Due Diligence Documents
589 Resolution Deadline unless Seller receives Buyer's written withdrawal of the Due Diligence Documents Objection before such
590 termination (i.e., on or before expiration of Due Diligence Documents Resolution Deadline).
591 10.6.3. Zoning. Buyer has the Right to Terminate under § 24.1., on or before Due Diligence Documents Objection
592 Deadline, based on any unsatisfactory zoning and any use restrictions imposed by any governmental agency with jurisdiction over
593 the Property, in Buyer's sole subjective discretion.
594 10.6.4. Due Diligence — Environmental, ADA. Buyer has the right to obtain environmental inspections of the
595 Property including Phase I and Phase II Environmental Site Assessments, as applicable. ❑ Seller ® Buyer will may order or
596 provide ® Phase I Environmental Site Assessment, ❑ Phase II Environmental Site Assessment (compliant with most current
597 version of the applicable ASTM E1527 standard practices for Environmental Site Assessments) and/or ❑ , at the expense of
598 ❑ Seller ® Buyer (Environmental Inspection). In addition, Buyer, at Buyer's expense, may also conduct an evaluation whether
599 the Property complies with the Americans with Disabilities Act (ADA Evaluation). All such inspections and evaluations must be
600 conducted at such times as are mutually agreeable to minimize the interruption of Seller's and any Seller's tenants' business uses of
601 the Property, if any.
602 IfBuyer's Phase I Environmental Site Assessment recommends a Phase II Environmental Site Assessment, the Environmental
603 Inspection Termination Deadline will be extended by thirty (30) days (Extended Environmental Inspection Objection Deadline)
604 and if such Extended Environmental Inspection Objection Deadline extends beyond the Closing Date, the Closing Date will be
605 extended a like period of time. In such event, ® Seller ❑ Buyer must pay the cost for such Phase II Environmental Site
606 Assessment.
607 Notwithstanding Buyer's right to obtain additional environmental inspections of the Property in this § 10.6.4., Buyer has the
608 Right to Terminate under § 24.1., on or before Environmental Inspection Termination Deadline, or if applicable, the Extended
609 Environmental Inspection Objection Deadline, based on any unsatisfactory results of Environmental Inspection, in Buyer's sole
610 subjective discretion.
611 Buyer has the Right to Terminate under § 24.1., on or before ADA Evaluation Termination Deadline, based on any
612 unsatisfactory ADA Evaluation, in Buyer's sole subjective discretion.
613 10.7. Conditional Upon Sale of Property. This Contract is conditional upon the sale and closing of that certain property
614 owned by Buyer and commonly known as . Buyer has the Right to Terminate under § 24.1. effective upon Seller's receipt of
615 Buyer's Notice to Terminate on or before Conditional Sale Deadline if such property is not sold and closed by such deadline. This
616 Section is for the sole benefit of Buyer. If Seller does not receive Buyer's Notice to Terminate on or before Conditional Sale
617 Deadline, Buyer waives any Right to Terminate under this provision.
618 10.8. Source of Potable Water (Residential Land and Residential Improvements Only). [Intentionally Deleted — See
619 Residential Addendum if applicable]
620 10.9. Existing Leases; Modification of Existing Leases; New Leases. Seller states that none of the Leases to be assigned
621 to the Buyer at the time of Closing contain any rent concessions, rent reductions or rent abatements except as disclosed in the Lease
622 or other writing received by Buyer. Seller will not amend, alter, modify, extend or cancel any of the Leases nor will Seller enter into
623 any new leases affecting the Property without the prior written consent of Buyer, which consent will not be unreasonably withheld
624 or delayed.
625 10.10. Lead -Based Paint. [Intentionally Deleted — See Residential Addendum if applicable]
626 10.11. Carbon Monoxide Alarms. [Intentionally Deleted — See Residential Addendum if applicable]
627 10.12. Methamphetamine Disclosure. [Intentionally Deleted — See Residential Addendum if applicable]
628 11. TENANT ESTOPPEL STATEMENTS.
629 11.1. Estoppel Statements Conditions. Buyer has the right to review and object to any Estoppel Statements. Seller must
630 request from all tenants of the Property and if received by Seller, deliver to Buyer on or before Estoppel Statements Deadline,
631 statements in a form and substance reasonably acceptable to Buyer, from each occupant or tenant at the Property (Estoppel Statement)
632 attached to a copy of the Lease stating:
633 11.1.1. The commencement date of the Lease and scheduled termination date of the Lease;
634 11.1.2. That said Lease is in full force and effect and that there have been no subsequent modifications or
635 amendments;
636 11.1.3. The amount of any advance rentals paid, rent concessions given and deposits paid to Seller;
637 11.1.4. The amount of monthly (or other applicable period) rental paid to Seller;
638 11.1.5. That there is no default under the terms of said Lease by landlord or occupant; and
639 11.1.6. That the Lease to which the Estoppel Statement is attached is a true, correct and complete copy of the Lease
640 demising the premises it describes.
CBS3-6-21. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) Page 13 of 21
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iii!i
CUSHMAN &
Lk WAKEFIELD
772 Whalers Way, #200, Fort Collins, CO 80525
T 970.776.3900 F 970.267.7419
www.cushmanwakefield.com
641 11.2. Seller Estoppel Statement. In the event Seller does not receive from all tenants of the Property a completed signed
642 Estoppel Statement, Seller agrees to complete and execute an Estoppel Statement setting forth the information and documents
643 required §11.1. above and deliver the same to Buyer on or before Estoppel Statements Deadline.
644 11.3. Estoppel Statements Termination. Buyer has the Right to Terminate under § 24.1., on or before Estoppel
645 Statements Termination Deadline, based on any unsatisfactory Estoppel Statement, in Buyer's sole subjective discretion, or if
646 Seller fails to deliver the Estoppel Statements on or before Estoppel Statements Deadline. Buyer also has the unilateral right to
647 waive any unsatisfactory Estoppel Statement.
648
CLOSING PROVISIONS
649 12. CLOSING DOCUMENTS, INSTRUCTIONS AND CLOSING.
650 12.1. Closing Documents and Closing Information. Seller and Buyer will cooperate with the Closing Company to enable
651 the Closing Company to prepare and deliver documents required for Closing to Buyer and Seller and their designees. If Buyer is
652 obtaining a loan to purchase the Property, Buyer acknowledges Buyer's lender is required to provide the Closing Company, in a
653 timely manner, all required loan documents and financial information concerning Buyer's loan. Buyer and Seller will furnish any
654 additional information and documents required by Closing Company that will be necessary to complete this transaction. Buyer and
655 Seller will sign and complete all customary or reasonably required documents at or before Closing.
656 12.2. Closing Instructions. Colorado Real Estate Commission's Closing Instructions ❑ Are ® Are Not executed with
657 this Contract.
658 12.3. Closing. Delivery of deed from Seller to Buyer will be at closing (Closing). Closing will be on the date specified as
659 the Closing Date or by mutual agreement at an earlier date. At Closing, Seller agrees to deliver a set of keys for the Property to
660 Buyer. The hour and place of Closing will be as designated by mutual areement between the parties.
661 12.4. Disclosure of Settlement Costs. Buyer and Seller acknowledge that costs, quality and extent of service vary between
662 different settlement service providers (e.g., attorneys, lenders, inspectors and title companies).
663 12.5. Assignment of Leases. Seller must assign to Buyer all Leases at Closing that will continue after Closing and Buyer
664 must assume Seller's obligations under such Leases. Further, Seller must transfer to Buyer all Lease Items and assign to Buyer such
665 leases for the Leased Items accepted by Buyer pursuant to § 2.5.7. (Leased Items).
666 13. TRANSFER OF TITLE. Subject to Buyer's compliance with the terms and provisions of this Contract, including the tender
667 of any payment due at Closing, Seller must execute and deliver the following good and sufficient deed to Buyer, at Closing.
668 ❑ special warranty deed ® general warranty deed ❑ bargain and sale deed ❑ quit claim deed ❑ personal representative's deed.
669 ❑ deed. Seller, provided another deed is not selected, must execute and deliver a good and sufficient
670 special warranty deed to Buyer at Closing.
671 Unless otherwise specified in § 29 (Additional Provisions), if title will be conveyed using a special warranty deed or a general
672 warranty deed, title will be conveyed "subject to statutory exceptions" as defined in §38-30-113(5)(a), C.R.S.
673 14. PAYMENT OF LIENS AND ENCUMBRANCES. Unless agreed to by Buyer in writing, any amounts owed on any liens
674 or encumbrances securing a monetary sum against the Property and Inclusions, including any governmental liens for special
675 improvements installed as of the date of Buyer's signature hereon, whether assessed or not, and previous years' taxes, will be paid
676 at or before Closing by Seller from the proceeds of this transaction or from any other source.
677 15. CLOSING COSTS, FEES, ASSOCIATION STATUS LETTER AND DISBURSEMENTS, TAXES AND
678 WITHHOLDING.
679 15.1. Closing Costs. Buyer and Seller must pay, in Good Funds, their respective closing costs and all other items required
680 to be paid at Closing, except as otherwise provided herein.
681 15.2. Closing Services Fee. The fee for real estate closing services must be paid at Closing by ❑ Buyer ❑ Seller
682 ® One -Half by Buyer and One -Half by Seller ❑ Other N/A.
683 15.3. Association Fees and Required Disbursements. At least fourteen days prior to Closing Date, Seller agrees to
684 promptly request that the Closing Company or the Association deliver to Buyer a current Status Letter, if applicable. Any fees
685 associated with or specified in the Status Letter will be paid as follows:
686 15.3.1. Status Letter Fee. Any fee incident to the issuance of Association's Status Letter must be paid by ❑ ❑
687 Buyer ❑ Seller ❑ One -Half by Buyer and One -Half by Seller ® N/A.
688 15.3.2. Record Change Fee. Any Record Change Fee must be paid by ❑ None ❑ Buyer ❑ Seller ® One -
689 Half by Buyer and One -Half by Seller O N/A.
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CUSHMAN &
dill.. llL WAKEFIELD
772 Whalers Way, 8200, Fort Collins, CO 80525
T 970.776.3900 F 970.267.7419
www.cushmanwakefield.com
690 15.3.3. Assessments, Reserves or Working Capital. All assessments required to be paid in advance (other than
691 Association Assessments as defined in § 16.2. (Association Assessments), reserves or working capital due at Closing must be paid
692 by ❑ Buyer ® Seller ❑ One -Half by Buyer and One -Half by Seller.
693 15.3.4. Other Fees. Any other fee listed in the Status Letter as required to be paid at Closing will be paid by ❑
694 Buyer ❑ Seller ❑ One -Half by Buyer and One -Half by Seller ® N/A.
695 15.4. Local Transfer Tax. Any Local Transfer Tax must be paid at Closing by ❑ Buyer ❑ Seller ® One -Half by
696 Buyer and One -Half by Seller ❑ N/A.
697 15.5. Sales and Use Tax. Any sales and use tax that may accrue because of this transaction must be paid when due by ❑
698 Buyer ❑ Seller ® One -Half by Buyer and One -Half by Seller ❑ N/A.
699 15.6. Private Transfer Fce. Any private transfer fees and other fees due to a transfer of the Property, payable at Closing,
700 such as community association fees, developer fees and foundation fees, must be paid at Closing by ❑ Buyer ❑ Seller
701 ❑ One Half by Buyer and One Half by Seller. ❑ N/A.
702 15.7. Water Transfer Fees. Water Transfer Fees can change. The fees, as of the date of this Contract, do not exceed $
703 for:
704 ❑ Water Stock/Certificates ❑ Water District
705 ❑ Augmentation Membership ❑ Small Domestic Water Company ❑ N/A
706 and must be paid at Closing by ❑ Buyer ❑ Seller ® One -Half by Buyer and One -Half by Seller ❑ N/A
707 15.8. Utility Transfer Fees. Utility transfer fees can change. Any fees to transfer utilities from Seller to Buyer must be paid by
708 ❑ Buyer ❑ Seller ® One -Half by Buyer and One -Half by Seller ❑ N/A.
709 15.9. FIRPTA and Colorado Withholding.
710 15.9.1. FIRPTA. The Internal Revenue Service (IRS) may require a substantial portion of the Seller's proceeds be
711 withheld after Closing when Seller is a foreign person. If required withholding does not occur, the Buyer could be held liable for the
712 amount of the Seller's tax, interest and penalties. If the box in this Section is checked, Seller represents that Seller ❑ IS a foreign
713 person for purposes of U.S. income taxation. If the box in this Section is not checked, Seller represents that Seller is not a foreign
714 person for purposes of U.S. income taxation. Seller agrees to cooperate with Buyer and Closing Company to provide any reasonably
715 requested documents to verify Seller's foreign person status. If withholding is required, Seller authorizes Closing Company to
716 withhold such amount from Seller's proceeds. Seller should inquire with Seller's tax advisor to determine if withholding applies or
717 if an exemption exists.
718 15.9.2. Colorado Withholding. The Colorado Department of Revenue may require a portion of the Seller's proceeds
719 be withheld after Closing when Seller will not be a Colorado resident after Closing, if not otherwise exempt. Seller agrees to
720 cooperate with Buyer and Closing Company to provide any reasonably requested documents to verify Seller's status. If withholding
721 is required, Seller authorizes Closing Company to withhold such amount from Seller's proceeds. Seller should inquire with Seller's
722 tax advisor to determine if withholding applies or if an exemption exists.
723 16. PROBATIONS AND ASSOCIATION ASSESSMENTS.
724 16.1. Prorations. The following will be prorated to the Closing Date, except as otherwise provided:
725 16.1.1. Taxes. Personal property taxes, if any, special taxing district assessments, if any, and general real estate taxes
726 for the year of Closing, based on ❑ Taxes for the Calendar Year Immediately Preceding Closing ® Most Recent Mill Levy
727 and Most Recent Assessed Valuation, adjusted by any applicable qualifying seniors property tax exemption, qualifying disabled
728 veteran exemption or ❑ Other .
729 16.1.2. Rents. Rents based on ® Rents Actually Received ❑ Accrued. At Closing, Seller will transfer or credit
730 to Buyer the security deposits for all Leases assigned to Buyer, or any remainder after lawful deductions, and notify all tenants in
731 writing of such transfer and of the transferee's name and address.
732 16.1.3. Other Prorations. Water and sewer charges, propane, interest on continuing loan and other similar items.
733 16.1.4. Final Settlement. Unless otherwise specified in Additional Provisions, these prorations are final.
734 16.2. Association Assessments. Current regular Association assessments and dues (Association Assessments) paid in
735 advance will be credited to Seller at Closing. Cash reserves held out of the regular Association Assessments for deferred maintenance
736 by the Association will not be credited to Seller except as may be otherwise provided by the Governing Documents. Buyer
737 acknowledges that Buyer may be obligated to pay the Association, at Closing, an amount for reserves or working capital. Any special
738 assessment assessed prior to Closing Date by the Association will be the obligation of ❑ Buyer ® Seller. Except however, any
739 special assessment by the Association for improvements that have been installed as of the date of Buyer's signature hereon, whether
740 assessed prior to or after Closing, will be the obligation of Seller Unless otherwise specified in Additional Provisions. Seller
741 represents there are no unpaid regular or special assessments against the Property except the current regular assessments and
742 Association Assessments are subject to change as provided in the Governing Documents.
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IIIIIIllWIi WAKEFIELD
772 Whalers Way, #200, Fort Collins, CO 80525
T 970.776.3900 F 970.267.7419
www.cushmanwakefield.com
743 17. POSSESSION. Possession of the Property and Inclusions will be delivered to Buyer on Possession Date at Possession Time,
744 subject to the Leases as set forth in § 10.6.1.1.
745 If Seller, after Closing occurs, fails to deliver possession as specified, Seller will be subject to eviction and will be additionally
746 liable to Buyer, notwithstanding § 20.2. (If Seller is in Default), for payment of $1,000.00 per day (or any part of a day
747 notwithstanding § 3.3., Day) from Possession Date and Possession Time until possession is delivered.
748
749
750
GENERAL PROVISIONS
751 18. CAUSES OF LOSS, INSURANCE; DAMAGE TO INCLUSIONS AND SERVICES; CONDEMNATION; AND
752 WALK-THROUGH. Except as otherwise provided in this Contract, the Property, Inclusions or both will be delivered in the
753 condition existing as of the date of this Contract, ordinary wear and tear excepted.
754 18.1. Causes of Loss, Insurance. In the event the Property or Inclusions are damaged by fire, other perils or causes of loss
755 prior to Closing (Property Damage) in an amount of not more than ten percent of the total Purchase Price and if the repair of the
756 damage will be paid by insurance (other than the deductible to be paid by Seller), then Seller, upon receipt of the insurance proceeds,
757 will use Seller's reasonable efforts to repair the Property before Closing Date. Buyer has the Right to Terminate under § 24.1., on
758 or before Closing Date, if the Property is not repaired before Closing Date, or if the damage exceeds such sum. Should Buyer elect
759 to carry out this Contract despite such Property Damage, Buyer is entitled to a credit at Closing for all insurance proceeds that were
760 received by Seller (but not the Association, if any) resulting from damage to the Property and Inclusions, plus the amount of any
761 deductible provided for in the insurance policy. This credit may not exceed the Purchase Price. In the event Seller has not received
762 the insurance proceeds prior to Closing, the parties may agree to extend the Closing Date to have the Property repaired prior to
763 Closing or, at the option of Buyer, (1) Seller must assign to Buyer the right to the proceeds at Closing, if acceptable to Seller's
764 insurance company and Buyer's lender; or (2) the parties may enter into a written agreement prepared by the parties or their attorney
765 requiring the Seller to escrow at Closing from Seller's sale proceeds the amount Seller has received and will receive due to such
766 damage, not exceeding the total Purchase Price, plus the amount of any deductible that applies to the insurance claim.
767 18.2. Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication services),
768 system, component or fixture of the Property (collectively Service) (e.g., heating or plumbing), fail or be damaged between the date
769 of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement of such Inclusion
770 or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the maintenance or
771 replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance proceeds received by
772 Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or replaced on or before
773 Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 24.1., on or before Closing Date, or, at the
774 option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such Inclusion or Service. Such credit must
775 not exceed the Purchase Price. If Buyer receives such a credit, Seller's right for any claim against the Association, if any, will survive
776 Closing.
777 18.3. Condemnation. In the event Seller receives actual notice prior to Closing that a pending condemnation action may
778 result in a taking of all or part of the Property or Inclusions, Seller must promptly notify Buyer, in writing, of such condemnation
779 action. Buyer has the Right to Terminate under § 24.1., on or before Closing Date, based on such condemnation action, in Buyer's
780 sole subjective discretion. Should Buyer elect to consummate this Contract despite such diminution of value to the Property and
781 Inclusions, Buyer is entitled to a credit at Closing for all condemnation proceeds awarded to Seller for the diminution in the value
782 of the Property or Inclusions, but such credit will not include relocation benefits or expenses or exceed the Purchase Price.
783 18.4. Walk -Through and Verification of Condition. Buyer, upon reasonable notice, has the right to walk through the
784 Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this Contract.
785 19. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this Contract, Buyer and Seller acknowledge that
786 their respective broker has advised that this Contract has important legal consequences and has recommended; (1) legal examination
787 of title; (2) consultation with legal and tax or other counsel before signing this Contract As this Contract may have important legal
788 and tax implications; (3) to consult with their own attorney if Water Rights, Mineral Rights or Leased Items are included or excluded
789 in the sale; and (4) to consult with legal counsel if there are other matters in this transaction for which legal counsel should be
790 engaged and consulted. Such consultations must be done timely as this Contract has strict time limits, including deadlines, that must
791 be complied with.
792 20. TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of the essence for all dates and deadlines in this Contract.
793 This means that all dates and deadlines are strict and absolute. If any payment due, including Earnest Money, is not paid, honored
794 or tendered when due, or if any obligation is not performed timely as provided in this Contract or waived, the non -defaulting party
795 has the following remedies:
796 20.1. If Buyer is in Default:
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lil�ll�l i WAKEFIELD
772 Whalers Way, #200, Fort Collins, CO 80525
T 970.776.3900 F 970.267.7419
www.cushmanwa kefield.com
797 ❑ 20.1.1. Specifie Performance. Seller may elect to cancel this Contract and all Earnest Money (whether or not paid
798 by Buyer) will be paid to Seller and retained by Seller. It is agreed that the Earnest Money is not a penalty, and the parties agree the
799 amount is fair and reasonable. Seller may recover such additional damages as may be proper. Alternatively, Seller may elect to treat
800 this Contract as being in full force and effect and Seller has the right to specific performance or damages, or both.
801 20.1.2. Liquidated Damages, Applicable. This § 20.1.2 applies unless the box in l 20.1.1. is checked. Seller may
802 cancel this Contract. All Earnest Money (whether or not paid by Buyer) will be paid to Seller and retained by Seller. It is agreed that
803 the Earnest Money amount specified in § 4.1. is LIQUIDATED DAMAGES and not a penalty, which amount the parties agree is
804 fair and reasonable and (except as provided in §§ 10.4. And 21), such amount is SELLER'S ONLY REMEDY for Buyer's failure
805 to perform the obligations of this Contract. Seller expressly waives the remedies of specific performance and additional damages.
806 20.2. If Seller is in Default:
807 20.2.1. Specific Performance, Damages or Both. Buyer may elect to treat this Contract as canceled, in which case
808 all Earnest Money received hereunder will be returned to Buyer and Buyer may recover such damages as may be proper.
809 Alternatively, in addition to the per diem in § 17 (Possession) for failure of Seller to timely deliver possession of the Property after
810 Closing occurs, Buyer may elect to treat this Contract as being in full force and effect and Buyer has the right to specific performance
811 or damages, or both.
812 20.2.2. Seller's Failure to Perform. In the even Seller fails to perform Seller's obligations under this Contract, to
813 include, but not limited to, failure to timely disclose Association violations known by Seller, failure to perform any replacements or
814 repairs required under this contract or failure to timely disclose any known adverse material facts, Seller remains liable for any such
815 failures to perform under this Contract after Closing. Buyer's rights to pursue the Seller for Seller's failure to perform under this
816 Contract are reserved and survive Closing.
817 21. LEGAL FEES, COST AND EXPENSES. Anything to the contrary herein notwithstanding, in the event of any arbitration
818 or litigation relating to this Contract, prior to or after Closing Date, the arbitrator or court must award to the prevailing party all
819 reasonable costs and expenses, including attorney fees, legal fees and expenses.
820 22. MEDIATION. If a dispute arises relating to this Contract (whether prior to or after Closing) and is not resolved, the parties
821 must first proceed, in good faith, to mediation. Mediation is a process in which the parties meet with an impartial person who helps
822 to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. Before any mediated settlement is
823 binding, the parties to the dispute must agree to the settlement, in writing. The parties will jointly appoint an acceptable mediator
824 and will share equally in the cost of such mediation. The obligation to mediate, unless otherwise agreed, will terminate if the entire
825 dispute is not resolved within thirty days of the date written notice requesting mediation is delivered by one party to the other at that
826 party's last known address (physical or electronic as provided in § 26). Nothing in this Section prohibits either party from filing a
827 lawsuit and recording a lis pendens affecting the Property, before or after the date of written notice requesting mediation. This
828 Section will not alter any date in this Contract, unless otherwise agreed.
829 23. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder must release the Earnest
830 Money following receipt of written mutual instructions, signed by both Buyer and Seller. In the event of any controversy regarding
831 the Earnest Money, Earnest Money Holder is not required to release the Earnest Money. Earnest Money Holder, in its sole subjective
832 discretion, has several options: (1) wait for any proceeding between Buyer and Seller; (2) interplead all parties and deposit Earnest
833 Money into a court of competent jurisdiction (Earnest Money Holder is entitled to recover court costs and reasonable attorney and
834 legal fees incurred with such action); or (3) provide notice to Buyer and Seller that unless Earnest Money Holder receives a copy of
835 the Summons and Complaint or Claim (between Buyer and Seller) containing the case number of the lawsuit (Lawsuit) within one
836 hundred twenty days of Earnest Money Holder's notice to the parties, Earnest Money Holder is authorized to return the Earnest
837 Money to Buyer. In the event Earnest Money Holder does receive a copy of the Lawsuit and has not interpled the monies at the time
838 of any Order, Earnest Money Holder must disburse the Earnest Money pursuant to the Order of the Court. The parties reaffirm the
839 obligation of § 22 (Mediation). This Section will survive cancellation or termination of this Contract.
840 24. TERMINATION.
841 24.1. Right to Terminate. If a party has a right to terminate, as provided in this Contract (Right to Terminate), the
842 termination is effective upon the other party's receipt of a written notice to terminate (Notice to Terminate), provided such written
843 notice was received on or before the applicable deadline specified in this Contract. If the Notice to Terminate is not received on or
844 before the specified deadline, the party with the Right to Terminate accepts the specified matter, document or condition as satisfactory
845 and waives the Right to Terminate under such provision.
846 24.2. Effect of Termination. In the event this Contract is terminated, and all Earnest Money received hereunder is timely
847 returned to Buyer, the parties are relieved of all obligations hereunder, subject to §§ 10.4. and 21.
848 25. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL; SUCCESSORS. This Contract, its exhibits and specified
849 addenda, constitute the entire agreement between the parties relating to the subject hereof and any prior agreements pertaining
CBS3-6-21. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) Page 17 of 21
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IIII�IjI'IY+ CUSHMANEFE&
��liL' WAKILD
772 Whalers Way, 8200, Fort Collins, CO 80525
T 970.776.3900 F 970.267.7419
www.cushmanwakefield.com
850 thereto, whether oral or written, have been merged and integrated into this Contract. No subsequent modification of any of the terms
851 of this Contract is valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. Any right or
852 obligation in this Contract that, by its terms, exists or is intended to be performed after termination or Closing survives the same.
853 Any successor to a party receives the predecessor's benefits and obligations of this Contract.
854 26. NOTICE, DELIVERY AND CHOICE OF LAW.
855 26.1. Physical Delivery and Notice. Any document or notice to Buyer or Seller must be in writing, except as provided in
856 § 26.2. and is effective when physically received by such party, any individual named in this Contract to receive documents or
857 notices for such party, Broker, or Brokerage Firm of Broker working with such party (except any notice or delivery after Closing
858 must be received by the party, not Broker or Brokerage Firm).
859 26.2. Electronic Notice. As an alternative to physical delivery, any notice, may be delivered in electronic form to Buyer or
860 Seller, any individual named in this Contract to receive documents or notices for such party, Broker or Brokerage Firm of Broker
861 working with such party (except any notice or delivery after Closing, cancellation or Termination must be received by the party, not
862 Broker or Brokerage Firm) at the electronic address of the recipient by facsimile, email or N/A.
863 26.3. Electronic Delivery. Electronic Delivery of documents and notice may be delivered by: (1) email at the email address
864 of the recipient, (2) a link or access to a website or server provided the recipient receives the information necessary to access the
865 documents, or (3) facsimile at the facsimile number (Fax No.) of the recipient.
866 26.4. Choice of Law. This Contract and all disputes arising hereunder are governed by and construed in accordance with
867 the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado for real property
868 located in Colorado.
869 27. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal will expire unless accepted in writing, by Buyer and
870 Seller, as evidenced by their signatures below and the offering party receives notice of such acceptance pursuant to § 26 on or before
871 Acceptance Deadline Date and Acceptance Deadline Time. If accepted, this document will become a contract between Seller and
872 Buyer. A copy of this Contract may be executed by each party, separately and when each party has executed a copy thereof, such
873 copies taken together are deemed to be a full and complete contract between the parties.
874 28. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith including, but not limited
875 to, exercising the rights and obligations set forth in the provisions of Financing Conditions and Obligations; Title Insurance,
876 Record Title and Off -Record Title; New ILC, New Survey; and Property Disclosure, Inspection, Indemnity, Insurability and
877 Due Diligence.
878
ADDITIONAL PROVISIONS AND ATTACHMENTS
879 29. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate
880 Commission.)
881
882 29.1 Contingence• Extension. Buyer shall have the right to extend the Due Diligence deadline set forth in Section 10.6.2 of
883 this Contract for one (1) 90 -calendar -day period ("Extension Period") provided Buyer notifies Seller in writing of Buyer's
884 intent to exercise the first Extension Period. Should Buyer exercise the right to the extend the Due Diligence deadline,
885 closing shall be extended concurrently.
886
887 29.2 Assignment. Buyer shall have the right to assign to another party or to any business entity without Seller's prior written
888 approval; and, in the event of such assignment, the assignee shall be substituted in all respects instead of and to the
889 exclusion of Buyer. This Contract shall inure to the benefit of and be binding upon the heirs, personal representatives,
890 successors and assigns of the parties.
891 30. OTHER DOCUMENTS.
892 30.1. Documents Part of Contract. The following documents are a part of this Contract:
893
894
895
896 30.2. Documents Not Part of Contract. The following documents have been provided but are not a part of this
897 Contract:
898
899
900
CBS3-6-21. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) Page 18 of 21
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901
902
II�IICUSHMAN &
t WAKEFIELD
SIGNATURES
Buyer's Name: ECO Services, LLC and/or AssiMns
By: Eric Greene
DocuSigned by:
COGS
75C4�gnaiiuure'aoaFe...
Buyer s i
Address:
Phone No.:
Fax No.:
Email Address:
8/21/2023
Date
Buyer's Name:
By:
772 Whalers Way, #200, Fort Collins, CO 80525
T 970.776.3900 F 970.267.7419
www.cushmanwakefield.com
Buyer's Signature Date
1298 Main Street, Unit A Address:
Windsor, CO 80550
970-231-2141
egreene140 irgmail.com
Phone No.:
Fax No.:
Email Address:
903 [NOTE: If this offer is being countered or rejected, do not sign this document.]
904
905
906
Seller's Name: H2S2 LLC _
By: Saul Levy
Seller's Signature
Address:
Phone No.:
Fax No.:
Email Address:
2022 Jasmine Street
Date
Denver, CO 80207
Seller's Name:
By:
Seller's Signature
Address:
Phone No.:
Fax No.:
Email Address:
Date
END OF CONTRACT TO BUY AND SELL REAL ESTATE
CBS3-6-21. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) Page 19 of 21
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907
CUSHMAN &
„IL, La WAKEFIELD
772 Whalers Way, #200, Fort Collins, CO 80525
T 970.776.3900 F 970.267.7419
www.cushmanwa kefield.com
BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE.
A. Broker Working With Buyer
Broker ❑ Does ® Does Not acknowledge receipt of Earnest Money deposit. Broker agrees that if Brokerage Firm is the Earnest
Money Holder and, except as provided in § 23, if the Earnest Money has not already been returned following receipt of a Notice to
Terminate or other written notice of termination, Earnest Money Holder will release the Earnest Money as directed by the written
mutual instructions. Such release of Earnest Money will be made within five days of Earnest Money Holder's receipt of the executed
written mutual instructions, provided the Earnest Money check has cleared.
Broker is working with Buyer as a ® Buyer's Agent ❑ Transaction -Broker in this transaction.
❑ Customer. Broker has no brokerage relationship with Buyer. See § B for Broker's brokerage relationship with Seller.
Brokerage Firm's compensation or commission is to be paid by ® Listing Brokerage Firm ❑ Buyer ❑ Other
This Broker's Acknowledgements and Compensations Disclosure is for disclosure purposes only and does NOT create any claim
for compensation. Any compensation agreement between the brokerage firms must be entered into separately and apart from this
provision.
Brokerage Firm's Name: _ Cushman & Wakefield U.S.. Inc.
Brokerage Firm's License #: EC100046966
Broker's Name: A.J. Goldsmith
Broker's License #: Docusignea by:
[j. alsmitt4, 8/18/2023
— 1 D0A1 E5FD1 FA4D3...
Brokers signature Date
Broker's Name: Tiler Murray
Broker's License #:
Broker's Name:
Broker's License #:
Address:
Phone No.:
Fax No.:
Email Address:
Broker's Signature
Date
Broker's Signature Date
772 Whalers Was, Suite 200
Fort Collins, CO 80525
970.776.3900
970.267.7419
CBS3-6-21. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) Page 20 of 21
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908
}}i CUSHMAN
WAKEFIELD
772 Whalers Way, 4200, Fort Collins, CO 80525
T 970.776.3900 F 970.267.7419
www.cushmanwakefield.com
B. Broker Working with Seller
Broker ❑ Does El Does Not acknowledge receipt of Earnest Money deposit. Broker agrees that if Brokerage Firm is the Earnest
Money Holder and, except as provided in § 23, if the Earnest Money has not already been returned following receipt of a Notice to
Terminate or other written notice of termination, Earnest Money Holder will release the Earnest Money as directed by the written
mutual instructions. Such release of Earnest Money will be made within five days of Earnest Money Holder's receipt of the executed
written mutual instructions, provided the Earnest Money check has cleared.
Broker is working with Seller as a El Seller's Agent El Transaction -Broker in this transaction.
❑ Customer. Broker has no brokerage relationship with Seller. See § A for Broker's brokerage relationship with Buyer.
Brokerage Firm's compensation or commission is to be paid by ❑ Seller El Buyer El Other
This Broker's Acknowledgements and Compensation Disclosure is for disclosure purposes only and does NOT create any claim for
compensation. Any compensation agreement between the brokerage firms must be entered into separately and apart from this
provision.
Brokerage Firm's Name: Cushman & Wakefield U.S., Inc.
Brokerage Firm's License #: EC1 00046966
Broker's Name:
Broker's License #:
Broker's Name:
Broker's License #:
Broker's Name:
Broker's License #:
Address:
Phone No.:
Fax No.:
Email Address:
Broker's Signature Date
Broker's Signature Date
Broker's Signature Date
772 Whalers Wati, Suite 200
Fort Collins, CO 80525
970.776.3900
970.776.7419
CBS3-6-21. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) Page 21 of 21
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