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HomeMy WebLinkAbout20213382.tiffUnified Title Company of Northern Colorado, LLC 1275 58th Avenue, Unit C Greeley, CO 80634 PHONE: 970-356-3551 FAX: 970-356-2063 PURCHASERS SETTLEMENT STATEMENT CASE NO.: 22423UTG SETTLEMENT DATE: July 26, 2021 DATE OF PRORATION: July 26, 2021 PROPERTY ADDRESS: 41150 Tegan Avenue, Ault, CO 80610 SELLER: Cliff E. Simpson PURCHASER: County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners LEGAL DESCRIPTION. Lot 3, Highland Industrial Park 3rd, County of Weld, State of Colorado. DESCRIPTION DEBIT Deposit County Property Taxes 1/1/2021 thru 7/25/2021 Sale Price of Property Closing fee to Unified Title Co. of Northern Colorado (Greeley) E recording/processing fee to eTRCO, LLC Title - Tax Certificate to Unified Title Co. of Northern Colorado (Greeley) Title - 110.1-OEC De1.Except End (Own) to Unified Title Co. of Northern Colorado (Greeley) Recording Fee (Deed) to Weld County Clerk And Recorder Transfer Tax to Weld County Clerk And Recorder Real Estate Commission - Listing to Waypoint Real Estate Real Estate Commission - Selling to Wheeler Properties, Inc Sub -totals Due From Purchaser TOTALS $283,248.90 $160.00 $30.00 $25.00 $65.00 $18.00 $28.32 $3,540.61 $3,540.61 $290,656.44 $290,656.44 CREDIT $15,000.00 $2,377.80 $17,377.80 $273,278.64 $290,656.44 APPROVED AND ACCEPTED Sales or use taxes on personal property not included UNIFIED TITLE COMPANY OF NORTHERN COLORADO, LLC assumes no responsibility for the adjustment of special taxes or assessments unless they are shown on the Treasurers Certificate of Taxes Due. The condition of title to the property is to be determined by reference to the title evidence provided by Seller or by personal investigation. The above statement of settlement is approved as of the settlement date shown above and Escrow Holder is hereby authorized to disburse as Trustee funds as indicated. Purchaser County of Weld, a body corporate and politic of the State of Colorado, }ty and through its Board of County Commissioners Broker/Agent by: Steve Moreno, Chair Closing Agent Commtulreatunx) /O1- /3-024724 Wheeler Properties, Inc Ron Randel Cheri Kern, Northern Col d Title Company of o, LLC 2021-3382 PRoo37 The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (CLS-5-19) (Mandatory 7-19) THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. CLOSING INSTRUCTIONS FILE NO: 22423UTG CLOSING DATE: 07/26/21 1. PARTIES, PROPERTY. Cliff E. Simpson (SELLER) and County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners (BUYER) engage Unified Title Company of Northern Colorado, LLC (CLOSING COMPANY), who agrees to provide closing and settlement services in connection with the closing of the transaction for the sale and purchase of the Property known as No. 41150 Tegan Avenue Ault, CO 80610 and more fully described in the Contract to Buy and Sell Real Estate, dated May 28, 2021 including any counterproposals and amendments (Contract). The Buyer's lender may enter into separate closing instructions with the Closing Company regarding the closing of the Buyer's loan. All terms of the Contract are incorporated herein by reference. In the event of any conflict between this Agreement and the Contract, the Agreement controls, subject to subsequent amendments to the contract or this Agreement 2. TITLE COMMITMENT, EXCEPTIONS AND POLICY. Closing Company (X) Agrees ( ) Does Not agree that; upon completion of a satisfactory title search and examination, it will furnish a Title Insurance Commitment; and it will issue a Title Insurance Policy provided that all requirements have been fulfilled. Closing Company (X) Agrees ( ) Does Not agree to furnish copies of Exceptions. 3. INFORMATION, CLOSING, RECORDING. Closing Company is authorized to obtain any information necessary for the Closing. Closing company agrees to deliver and record all documents required or customarily recorded, and disburse all funds pursuant to the Contract that are necessary to carry out the terms and conditions of the Contract. 4. PREPARATION OF DOCUMENTS. The Closing Company will prepare the necessary documents to carry out the terms and conditions of the Contract to include: 4.1 Deed. If the deed required in the Contract is a special warranty deed, general warranty deed, bargain and sale deed (excluding a personal representative's or trustee's deed) or a quit claim deed, the deed will be prepared in accordance with the Contract by the Closing Company. However, if the Contract requires a different form of deed (e.g.: personal representative's deed or trustee's deed) or requires that the special warranty deed or general warranty deed list exceptions other than the "statutory exceptions" as defined in §38-30-113(5)(a), C.R.S., then the Buyer or Seller must provide the deed or written instructions for preparation of the deed to the Closing Company for Closing. For any Buyer or Seller provided deed or written instructions for preparation of the deed that requires a list of exceptions other than the "statutory exceptions", the Buyer and Seller will hold the Closing Company harm less for any causes of action arising out of the use of such deed. The parties acknowledge that the real estate broker working with either the Buyer or the Seller is not responsible for reviewing or approving any deed not prepared by the real estate broker. 4.2 Bill of Sale. If the transaction includes the sale of personal property (i.e. within the Contract or a Personal Property Agreement) from the Seller to the Buyer, Seller and Buyer authorize Closing Company to prepare the bill of sale conveying the personal property from the Seller to the Buyer as their scrivener. The Buyer and Seller understand that the bill of sale is a legal document and it is recommended that it be reviewed and approved by their respective attorneys. 4.3 Closing Statement. Closing Company will prepare and deliver accurate, complete and detailed closing statements to Buyer, Seller and the real estate brokers working with Buyer and Seller. Closing Statements will be prepared in accordance with the Contract and written instructions from the Buyer, Seller, lender or real estate brokers so long as such written instructions are not contrary to the Contract. if the written instructions are contrary to the Contract, the Buyer and Seller must execute an Agreement to Amend/Extend Contract. 5. CLOSING FEE. Closing Company will receive a fee of $320.00 for providing closing and settlement services (Closing Fee). No CL8-5-19 Closing Instructions Page 1 of 4 6. RELEASE, DISBURSEMENT. Closing company is not authorized to release any signed documents or things of value prior to receipt and disbursement of Good Funds, except as provided in §§ 10, I I and 12. 7. DISBURSER. Closing Company must disburse all funds, including real estate commissions, except those funds as may be separately disclosed in writing to Buyer and Seller by Closing Company or Buyer's lender on or before Closing. All parties agree that no one other than the disburser can assure that payoff of loans and other disbursements will actually be made. 8. SELLER'S NET PROCEEDS. Seller will receive the net proceeds of Closing as indicated: ( ) Cashier's Check, at Seller's expense ( ) Funds Electronically Transferred (wire transfer) to an account specified by Seller, at Seller's expense ( ) Closing Company's Trust Account Check 9. WIRE AND OTHER FRAUDS. Wire and other frauds occur in real estate transactions. Anytime Buyer or Seller is supplying confidential information, such as social security numbers, bank account numbers, transferring or receiving funds, Buyer and Seller should provide the information in person or in another secure manner. 10. FAILURE OF CLOSING. If Closing or disbursement does not occur on or before Closing Date set forth in the Contract, Closing Company, except as provided herein, is authorized and agrees to return all documents, monies, and things of value to the depositing party, upon which Closing Company will be relieved from any further duty, responsibility or liability in connection with these Closing Instructions. In addition, any promissory note, deed of trust or other evidence of indebtedness signed by Buyer will be voided by Closing Company, with the originals returned to Buyer and a copy to Buyer's lender. 11. RETURN OF EARNEST MONEY. Except as otherwise provided in § 12, (Earnest Money Dispute) if the Earnest Money is being held by Closing Company and has not already been returned following receipt of a Notice to Terminate or other written notice of termination, Closing Company must release the Earnest Money as directed by written mutual instructions from the Buyer and the Seller. Such release of Earnest Money must be made within five days of Closing Company's receipt of the written mutual instructions signed by both Buyer and Seller, provided the Earnest Money check has cleared. 12. EARNEST MONEY DISPUTE. In the event of any controversy regarding the Earnest Money (notwithstanding any termination of the Contract), provided Closing Company is holding the Earnest Money, Closing Company is not required to take any action. Closing Company, at its option and sole subjective discretion, may: (I) await any proceeding, (2) interplead all parties and deposit Earnest Money into a court of competent jurisdiction and recover court costs and reasonable attorney and legal fees, or (3) provide notice to Buyer and Seller that unless Closing Company receives a copy of a Summons and Complaint or Claim (between Buyer and Seller) containing the case number of the lawsuit (Lawsuit) within one hundred twenty days of Closing Company's notice to the parties, Closing Company is authorized to return the Earnest Money to Buyer. In the event Closing Company does receive a copy of the Lawsuit, and has not interpled the monies at the time of any Order, Closing Company must disburse the Earnest Money pursuant to the Order of the Court. 13. SUBSEQUENT AMENDMENTS. Any amendments to, or termination of, these Closing Instructions must be in writing and signed by Buyer, Seller and Closing Company. 14. CHANGE IN OWNERSHIP OF WATER WELL. Within sixty days after Closing, Closing Company will submit any required Change in Ownership form or registration of existing well form to the Division of Water Resources in the Department of Natural Resources (Division), with as much information as is available. Closing Company is not liable for delaying Closing to ensure Buyer completes any required form. 15. FIRPTA AND COLORADO WITHHOLDING. 15.1 FIRPTA. Seller agrees to cooperate with Buyer and Closing Company to provide any reasonably requested documents to determine Seller's foreign person status. If withholding is required, Seller authorizes Closing Company to withhold any required amount from Seller's proceeds and remit it to the Internal Revenue Service. 15.2Colorado Withholding. Seller agrees to cooperate with Closing Company to provide any reasonably requested documents to determine Seller's status. if withholding is required under Colorado law, Seller authorizes Closing Company to withhold any required amount from Seller's proceeds and remit it to the Colorado Department of Revenue. No CL8-5-19 Closing Instructions Page 2 of 4 16. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate Commission.): NONE 17. COUNTERPARTS. This document may be executed by each party, separately, and when each party has executed a copy, such copies taken together are deemed to be a full and complete contract between the parties. 18. BROKER'S COPIES. Closing Company must provide, to each real estate broker in this transaction, copies of all signed documents that such real estate brokers are required to maintain pursuant to the rules of the Colorado Real Estate Commission. Closing Company is authorized by both Buyer and Seller to deliver their respective Closing Statement to one or both real estate brokers involved in the transaction. 19. NOTICE, DELIVERY, AND CHOICE OF LAW. 19.1 Physical Delivery and Notice. Any documents, or notice to another party must be in writing, except as provided in § 19.2 and is effective when physically received by such party. 19.2Electronic Notice. As an alternative to physical delivery, any notice, may be delivered in electronic form to another party at the electronic address of the recipient by facsimile, email or 19.3 Electronic Delivery. Electronic Delivery of documents and notice may be delivered by: (1) email at the email address of the recipient, (2) a link or access to a website or server, provided the recipient receives the information necessary to access the documents or (3) facsimile at the facsimile number (Fax No.) of the recipient. 19.4Choice of Law. These Closing Instructions and all disputes arising hereunder are governed by and construed in accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado for real property located in Colorado. Date: 07/26/2021 Buyers Name: County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissio s O —V by: .r1� Steve Moreno, Chair Address: 1150 O Street Greeley, CO 80631 Phone: Fax No.: Email: ttaylorAwcldgov.com; bbarker(alwcldgov.com Date: 07/26/2021 Seller's Name: Cliff E. Simpson Cliff im Address: No CL8-5-I 9 Closing Instructions Page 3 of 4 Phone: Fax No.: Email: clif@chexcavation.com Closing Company'** te: Unified Title Compan of ctiorthern Colorado, LLC Authorized Signa re de Address: 1275 58th Avenue, Unit C, Greeley, CO 80634 Phone No.: 970-356-3551 Fax No.: 970-356-2063 Email Address Team Kerntstewart.com No CL8-5-19 Closing Instructions Date: 07/26/2021 Page 4 of 4 Unified Title Company of Northern Colorado, LLC 1275 58th Avenue, Unit C, Greeley, CO 80634 Phone: 970-356-3551 Fax: 970-356-2063 REAL ESTATE TAX, WATER, ASSESSMENT, AND HOA AGREEMENT Date: 07/26/2021 Property: 41150 Tcgan Avenue, Ault, CO 80610 I. TAXES: The basis of the tax proration is as follows: ( ) The previous year's taxes in the amount of (X) An estimate of taxes for the current year: (2021) Total assessed value: 65690.00 (2020) Mill Levy 64.136 (2021) Total Estimated Taxes: 54,213.10 File No.: 22423UTG () Other SUCH PRORATION SHALL BE CONSIDERED A FINAL SETTLEMENT UNLESS OTHERWISE AGREED IN WRITING BY BUYER AND SELLER. IF THE PRORATION IS NOT FINAL SETTLEMENT, THE BUYER(S) AND SELLER(S) HEREBY AGREE THAT THEY ASSUME FULL RESPONSIBILITY FOR PURSUING AND EFFECTING THE ADJUSTMENT, AND Unified Title Company of Northern Colorado, LLC SHALL HAVE NO RESPONSIBILITY IN REGARD THERETO. The above figures were obtained by telephone from the County Treasurer's and/or Assessor's office. UNIFIED TITLE COMPANY OF NORTHERN COLORADO, LLC is released from any and all liability in the event the County misquoted the assessment and/or mill levy figures. Any further adjustments shall be made solely between the Buyer(s) and Seller(s), if necessary, and will not make or be responsible for this re -adjustment or any liability connection therewith. UNIFIED TITLE COMPANY OF NORTHERN COLORADO, LLC assumes no responsibility for pursuing and effectuating any readjustments and is released from any and all responsibility for said readjustments. UNIFIED TITLE COMPANY OF NORTHERN COLORADO, LLC assumes no responsibility for the adjustment of special assessments, taxes, or for the exception of said items in the conveyance, unless they are shown on the County Treasurer's Certificate of Taxes Due. Seller(s) hereby warrants that special assessments affecting subject property, including but not limited to Homeowner's Association dues or assessments, are paid in full, except as reflected on the statement of settlement. II. WATER / SEWER: The Seller (a) and Buyer(s) of the property fully understand that the Telephone Company, Gas Company, Electric Company, and the present Hazard Insurance Agency WILL NOT BE NOTIFIED BY THE ESCROW AGENT. PER VERBAL INFORMATION FROM: n/a no water on property ( ) Escrow Agent has withheld from the seller's proceeds to pay the final billing for any water and/or sewer charges. Funds withheld in excess of the amount due on the final statement shall be returned to the seller. In the event the final bill exceeds the escrowed amount, any additional charges are the responsibility of the seller and/or buyer. ( ) Water and sewer is paid in the HOA dues. ( ) Escrow Agent has not prorated for water and sewer. Any adjustments required will be made between buyer(s) and seller(s) and are not a part of the closing. Ill. HOMEOWNER'S/CONDOMINIUM ASSOCIATION: (X) Not Applicable () The homeowner's or condominium association has provided verbal or written information to the Escrow Agent, and has indicated that for the current assessable period, the assessment of () has ( ) has not been paid. The assessment( ) has ( ) has not been prorated between the buyer(s) and seller(s). If applicable, any working capital / transfer fees / statement fees have also been collected per the FIOA statement and purchase contract. Buyer(s) and seller(s) have reviewed the above referenced HOA information and hereby agree that it represents a complete and accurate list of associations / sub associations for the above referenced property. Unified Title Company of Northern Colorado, LLC is hereby released of any liability with regard to any associations / sub associations not listed above. CLOSING DATE: July 26, 2021 Seller(s) Forwarding Address: County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners by: �/ M-1-9 -232--)""a-- Steve Moreno, Chair Buyer(s) Forwarding Address: Unified Title Company of Northern Colorado, LLC Compliance Agreement Purchaser: County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners Seller: Cliff E. Simpson File No: 22423UTG Property Address: 41150 Tegan Avenue, Ault CO 80610 Legal: Lot 3, Highland Industrial Park Third Subdivision Final Plat, Town of Ault, County of Weld, State of Colorado. It is expressly agreed and understood between the undersigned parties that Unified Title Company of Northern Colorado, LLC is acting as Closing Agent in the above referenced transaction and shall in no way be liable as to the accuracy or completeness of any Payoff Statement and/or Assumption Statement that has been provided to said Company for the purposes of closing this transaction. Unified Title Company of Northern Colorado, LLC has acted in good faith in compiling the data and information as set forth on the applicable Settlement Statement(s). The undersigned agree that any additional funds due and payable after closing will be immediately paid by the responsible party (s). The undersigned further agree that in the event any of the documents required in this closing misstate or inaccurately reflect the true and correct terms and provisions thereof, and said misstatement or inaccuracy is due to a unilateral mistake on the part of Unified Title Company of Northern Colorado, LLC mutual mistake on the part of the undersigned and Unified Title Company of Northern Colorado, LLC or clerical error, then in such event the undersigned shall upon request by Unified Title Company of Northern Colorado, LLC and in order to correct such misstatement or inaccuracy, execute such new documents or initial such corrected original documents as Unified Title Company of Northern Colorado, LLC may deem necessary to remedy said inaccuracy or mistake. The undersigned further agrees that, in addition to any other filed fees, for any checks re -issued 6 months after the original issue date or on any amounts escheated to the State, the Title Company will assess a $25 check handling fee. This fee will be assessed at the time of escheat or re -issue of the funds. as applicable. IN WITNESS WHEREOF, the party (s) has/have executed this Agreement this 26th day of July, 2021 Buyers: Contact Phone #: Sellers: Contact Phone #: Email Address: County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners by: Steve Moreno, Chair Email Address: State of Colorado County of Weld The foregoing instrument was subscribed and sworn to before me this July 26, 2021, bySteve Moreno, Chair of County of Weld, a body coprate and politic of the State of Colorado, by band through its Board of County Commssioners. My Commission expires: Witness my hand and official seal. Notary Public State of Colorado County of Weld The foregoing instrument was subscribed and sworn to before me this July 26, 2021, byCliff E. Simpson. My Commission expires: Witness my hand and official seal. Notary Public RETURN RECORDED DOCUMENT TO: County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners 41150 Tegan Avenue, Ault, CO 80610 SPECIAL WARRANTY DEED Document Fee: $28.32 THIS SPECIAL WARRANTY DEED, dated 26th day of July, 2021, is made between Cliff E. Simpson ("Grantor"), of the County of Weld and the State of Colorado. AND County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners ("Grantee"), of the County of Weld and the State of Colorado., whose legal address is 1150 0 Street Greeley co 80631. WITNESS, that the Grantor(s), for and in consideration of TWO HUNDRED EIGHTY THREE THOUSAND TWO HUNDRED FORTY EIGHT AND 90/100 DOLLARS (5283,248.90) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, and convey unto the Grantee, and the heirs, successors and assigns of the Grantee forever, all the real property, together with fixtures and improvements located thereon, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: Lot 3, Highland Industrial Park Third Subdivision Final Plat, Town of Ault, County of Weld, State of Colorado. Mineral rights owned by third party ALSO KNOWN AS: 41150 Tegan Avenue, Ault, CO 80610 TOGETHER WITH, all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above -bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, and the heirs, successors and assigns of the Grantee forever. The Grantor, for the Grantor and the heirs, successors and assigns of the Grantor, warrants title to the same against all persons claiming by, through or under the Grantor, subject to the Statutory Exceptions EXECUTED AND DELIVERED by Grantor on the date first set forth above. tff .. i State of : Colorado County Of Weld The foregoing instrument was subscribed, sworn to, and acknowledged before me thisJuly 26, 2021, by Cliff E. Simpson My Commission expire CHERYL KERN NOTARY PIJSUC Wit STAI'L ' 1I_ORADO NOTARY 13J'_i ."f:' f 8852 MYC0MMISSI0N P/ P.UGUST 25, 2023 and and official seal. l� Notary Public **If tenancy is unspecified, the legal presumption shall be tenants in common (C.R.S. 38-31-101) Special Warranty Deed 22423UTG State of Colorado County of Weld BILL OF SALE KNOW BY ALL THESE PRESENT, That Cliff E. Simpson of the County of Weld, in the State of Colorado, Seller(s), for all and in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION to him in hand paid at or before the ensealing or delivery of these presents by County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners of the County of Weld, in the State of Colorado, Purchaser(s), the receipt of which is hereby acknowledged has bargained and sold, and by these presents does grant and convey unto the said Purchaser(s), his personal representatives, successors and assigns, the following property, goods and chattels, to wit: a. Inclusions. The Purchase Price includes the following items (Inclusions): (1) Inclusions - Attached. If attached to the Property on the date of this Contract, the following items areincluded unless excluded under Exclusions: lighting, heating, plumbing, ventilating and air conditioning units, TV antennas, inside telephone, network and coaxial (cable) wiring and connecting blocks/jacks, plants, mirrors, floor coverings, intercom systems, built-in kitchen appliances, sprinkler systems and controls, built-in vacuum systems (including accessories), garage door openers (including remote controls: If checked, the following are owned by the Seller and included (leased items should be listed under Due Diligence Documents): []None 17 Solar Panels ❑ Water Softeners ❑ Security systems El Satellite Systems (including satellite dishes). If any additional items are attached to the Property after the date of the contract, such as additional items are also included in the Purchase Price. (2) Inclusions— Not Attached. If on the Property, whether attached or not, on the date of this Contract, the following items are included unless excluded under Exclusions: storm windows, storm doors, window and porch shades, awnings,blinds, screens, window coverings and treatments, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves, storage sheds, carbon monoxide alarms, smoke/fire detectors and all keys. (3) Personal Property - Conveyance. Any personal property must be conveyed at Closing by Seller free and clear of all taxes (except personal property taxes for the year of Closing), liens and encumbrances, exceptN/A. Conveyance of all personal property will be by bill of sale or other applicable legal instrument. (4) Other Inclusions. The following items, whether fixtures or personal property, are also included in the Purchase Price All existing appurtenances now in property (5) Parking and Storage Facilities. The use or ownership of the following parking facilities: and the use or ownership of the following storage facilities: b. Exclusions. The following items are excluded (Exclusions): Mineral rights owned by a third parry c. Water Rights, Well Rights, Water and Sewer Taps. (1) Deed Water Rights. The following legally described water rights: Any deeded water rights will be by a good and sufficient deed at closing. (2) Other Rights Relating to Water: The following rights relating to water not included in§§ 2.7.1, 2.7.3, 2.7.4 and 2.7.5, will be transferred to Buyer at Closing: NONE. (3) Well Rights. Seller agrees to supply required information to Buyer about the well. Buyer understands that if the well to be transferred is a "Small Capacity Well" or a "Domestic Exempt Water Well," used for ordinary household purposes, Buyer must, prior to or at Closing, complete a Change in Ownership form for the well. If an existing well has not been registered with the Colorado Division of Water Resources in the Department of Natural Resources (Division), Buyer must complete a registration of existing well form for the well and pay the cost of registration. If no person will be providing a closing service in connection with the transaction, Buyer shall file the form with the Division within sixty days after Closing. The Well Permit # is: N/A. (4) Water Stock Certificates. The water stock certificates to be transferred at Closing are as follows: N/A (5) Conveyance. If Buyer is to receive any rights to water pursuant to § 2.7.2 (Other Rights Relating to Water), § 2.7.3 (Well Rights), or § 2.7.4 (Water Stock Certificates), Seller agrees to convey such rights to Buyer by executing the applicable legal instrument at Closing. located at 41150 Tegan Avenue, Ault, CO 80610 TO HAVE AND TO HOLD the same unto the Purchaser(s), his personal representatives, successors and assigns, forever. The said Seller(s) covenants and agrees with the Purchaser(s) his personal representatives, successors and assigns to WARRANT and DEFEND the sale of said property, goods and chattels, against all and every person or persons whomsoever. When used herein, the singular shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, The Seller(s) have hereunto set their hands and seals, this 26th day of July, 2021. The foregoing instrument was acknowledged before me this 26th day of July, 2021, by Cliff E. Simpson. Witness my hand and seal. My commission expires: No NOTARY PUBIC STATE OF COLORADO CRY ID19,9540AA B520 2023 l/' C0Mi, SSO1�1 E: PIKES WCIUST. �5 TD -1000 Confidential Document This form provides essential market information to the county assessor to ensure accurate, fair and uniform assessments for all property. This document is not recorded, is kept confidential, and is not available for public inspection. This declaration must be completed and signed by either the grantor (seller) or grantee (buyer). Questions 1, 2, 3, and 4 may be completed (prefilled) by a third party, such as a title company or closing agent, familiar with details of the transaction. The signatory should confirm accuracy before signing. This form is required when conveyance documents are presented for recording. If this form is not completed and submitted, the county assessor may send notice. If the completed and signed form is not returned to the assessor within 30 days of notice, the assessor may impose a penalty of $25.00 or 0.025% (0.00025) of the sale price, whichever is greater. Additional information as to the purpose, requirements, and level of confidentiality regarding this form are outlined in Colorado Revised Statutes, sections 39-14-102, 39-5-121.5, and 39-13-102. I. Physical Address and/or legal description of the real property sold: Please do not use P.O. Box numbers. 41150 Tegan Avenue, Ault, CO 80610 Lot 3, Highland Industrial Park Third Subdivision Final Plat, Town of Ault, County of Weld, State of Colorado. 2. T pe of property ttrchased:: [ Single Family Residential ❑ Townhome ❑Condominium ❑ Multi -Unit Residential [Y Commercial g] Industrial ❑ Agricultural ❑Mixed Use El Vacant Land ❑ Other 3. 4. July 26, 2021 Date of Closing $283,248.90 May 28, 2021 Date of Contract Total Sales Price (Include all real and personal Contracted Price (if different from final sale property) price) 5. List any personal property included in the transaction that materially impacts the total sale price. Personal property may include, but is not limited to: machinery or equipment, vehicles, exceptional appliances, electronic devices, furniture, or anything that would not typically transfer with the real property (attach additional pages if necessary). Description Approximate Value Personal Property Total: $ If no personal property is listed, the entire purchase price will be assumed to be for the real property. 6. Did the total sale price include a trade or exchange of additional real or personal property? ❑/3No ❑ Yes If Yes, approximate value of the goods or services as of the date of closing: $ If Yes, does this transaction involve a trade under IRS Code Section 1031? ❑No ❑ Yes 7. Was 100% interest in the real property purchased? 0 N j2]Yes Mark "No" if only a partial interest is being purchased. If No, interest purchased % 8. Is this a transaction between related parties or acquaintances? This includes persons connected by blood or marriage, or business affiliates, or those acquainted prior to the transaction. E[1No ❑ Yes 9. Please mark type of sale: ❑ Builder (new construction) W Public (MLS or Broker Representation) ❑ Private (For Sale By Owner) ❑ Other (describe) 10. Mark any of the following that apply to the condition of the improvements at the time of purchase. ENew ❑ Excellent ❑ Good ❑ Average ❑ Fair ❑ Poor ❑ Salvage 11. Type of financing: (mark all that apply) Pi None (all cash or cash equivalent) ❑ New/Mortgage Lender (government -backed or conventional bank loan) ❑New/Private Third Party (nonconventional lender, e.g., relative, friend, or acquaintance) Seller (buyer obtained a mortgage directly from the seller) ❑Assumed (buyer assumed an existing mortgage) ❑Combination or Other: Please explain 12. Total amount financed: $ 13. Terms: ❑ Variable, Starting interest rate % E Fixed; Interest rate Length of time years Balloon payment? ENO ❑Yes (If Yes) Amount: $ Due Date 14. Mark any that apply: ❑ Seller assisted down payments E Seller concessions ❑ Special tens or financing If marked, please specify terms: 15. Was an independent appraisal obtained in conjunction with this transaction? ❑No ❑ Yes For properties OTHER THAN Residential (Residential is defined as: single family detached, townhomes, apartments and condominiums), please complete questions 16-18, if applicable. 16. Did the purchase price include a franchise or license fee? ❑No ❑Yes If yes, franchise or license fee value $ 17. Did the purchase price involve an installment land contract? ❑No ❑Yes If yes, date of contract 18. If this is vacant land, was an on -site inspection conducted by the buyer prior to the closing? ❑No ❑ Yes Please include any additional information concerning the transaction and price paid that you feel is important: - "-- / r`a't- '_'" 7-2 a- 2 / Signature ofGrantee(Buyer) Date mm/dd/yyyy Printed name of Grantee Signature of Grantor(Seller) Date: mm/ddiyyyy Printed name of Grantor Buyer Mailing Address: Future correspondence (tax bills, property valuations, etc.) regarding this property should be mailed to: Address (mailing) City State Zip Cade Daytime Phone Email address Contact information is kept confidential, for County Assessor and Treasurer use only, to contact buyer with questions regarding this form, property valuation, or property tax information. ORDER NUMBER: 22423UTG Agents for Stewart Title Guaranty Company AFFIDAVIT AND AGREEMENT STATE OF Colorado COUNTY OF Weld The undersigned, being the seller(s) or purchaser(s) of the real property described in Paragraph 9 hereof, and being duly sworn upon oath, depose(s) and say(s): 1. The representations, covenants and agreements contained herein are made to induce Unified Title Company of Northern Colorado, LLC and to authorize its title insurance policies to be issued covering the real property described in Paragraph 9 hereof, with full knowledge and intent that such representations, covenants and agreements be relied upon. 2. No construction or repair of improvements on or in the real property described in Paragraph 9 hereof has been commenced or contracted for which has not been fully completed and fully paid for more than four full months prior to the execution hereof, except as described in Paragraph 8. 3. No claims have been made to Affiant(s) or to any other person within the knowledge of Affiant(s) on account of work done or materials furnished to the real property described in Paragraph 9 hereof, except as described in Paragraph 8 hereof. 4. Affiant (s) know(s) of no violation of any restrictive protective covenants or governmental restrictions relating to the real property described in Paragraph 9 hereof, and Affiant(s) know(s) of no encroachment of improvements onto any adjoining real property or encroachment of improvements from any adjoining real property onto the real property described in Paragraph 9 hereof, except as described in Paragraph 8. 5. Affiant(s) know(s) of no parties in possession of or claiming possessors' rights pertaining to the real property described in Paragraph 9 hereof other than Affiant(s), except as described in Paragraph 8 hereof. 6. Affiant(s) know(s) of no outstanding sale contract conditional sale contract, security agreements, or financing statements, as to the real property described in Paragraph 9 hereof, except as described in Paragraph 8 hereof. 7. Affiant(s) covenant(s) and agree(s) to indemnify and hold harmless Unified Title Company of Northern Colorado, LLC, from any loss or damage which would not have occurred if the representations contained herein had been true and if the covenants and agreements contained herein had been fully performed. 8. All exceptions relating to Paragraphs 2, 3, 4, 5, and 6 hereof are as follows: NO EXCEPTIONS 9. The real property to which this affidavit and agreement relates is located in the State of Colorado and is described as follows: Lot 3, Highland Industrial Park Third Subdivision Final Plat, Town of Ault, County of Weld, State of Colorado. Property Address: 41150 Tegan Avenue, Ault, CO 80610 County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners by: Steve Moreno, Chair State of Colorado County of Weld The foregoing instrument was subscribed and sworn to before me this July 26, 204 bySteve Moreno, Chair of County of Weld, a body coprate and politic of the State of Colorado, by band through its Board ' ' my Commssioners. My Commission expires:-,..itncss'mm .r-nd a . official seal. z-f NOTARY PUBL.."' -.T.,,-,7:. i . COL CCj A ;t i3Of:'\R ID (X951811852 'IVCOi.r.` EXPIRES , OUS 25.2023 State of Colorado l:-..-*-�--- -^..^ -£ LL"- `",,,K County of Weld The foregoing instrument was subscribed and sworn to before me this July 26, 2021, byCliff E. Simpson. My Commission expires: Witness my an.-'nd official seal. tic ,FAD .) 7v Notary Public Notary Public Unified Title Company of Northern Colorado, LLC 1275 58th Avenue, Unit C Greeley, CO 80634 PHONE: 970-356-3551 FAX: 970-356-2063 SELLERS SETTLEMENT STATEMENT CASE NO.: 22423UTG SETTLEMENT DATE: July 26, 2021 DATE OF PRORATION: July 26, 2021 PROPERTY ADDRESS: 41150 Tegan Avenue, Ault, CO 80610 SELLER: Cliff E. Simpson PURCHASER: County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners LEGAL DESCRIPTION: Lot 3, Highland Industrial Park 3rd, County of Weld, State of Colorado. DESCRIPTION Sale Price of Property Closing fee to Unified Title Co. of Northern Colorado (Greeley) Title - Owner's Title Insurance to Unified Title Co. of Northern Colorado (Greeley) County Property Taxes 1/1/2021 thru 7/25/2021 Sub -totals Due To Seller TOTALS DEBIT CREDIT $160.00 $1,097.00 $2,377.80 $3,634.80 $279,614.10 $283,248.90 $283,248.90 $283,248.90 $283,248.90 APPROVED AND ACCEPTED Sales or use taxes on personal property not included. UNIFIED TITLE COMPANY OF NORTHERN COLORADO, LLC assumes no responsibility for the adjustment of special taxes or assessments unless they are shown on the Treasurer's Certificate of Taxes Due. The condition of title to the property is to be determined by reference to the title evidence provided by Seller or by personal investigation. The above statement of settlement is approved as of the settlement date shown above and Unified Title Company of Northern Colorado, LLC is hereby authorized to disburse funds as indicated herein. Seller Broker/Agent: Waypoint Rea Esta Brian Sil n�t /I Closing Agent: Che em, Unified Title Company of Northern Colorado, LLC STG Gap Indemnity Agreement Gap Indemnity Agreement File / Commitment / Preliminary Report No.: 22423UTG Premises Address / Location: 41150 Tegan Avenue, Ault, CO 80610 WHEREAS, Stewart Title Guaranty Company ("Stewart") has been asked to issue its policy(ies) of title insurance or "marked up" commitment(s) to proposed insured(s) covering the Premises referenced above (the "Premises") prior to recording the deed, mortgage, deed of tmst and/or other instruments required to be recorded (collectively, the "Closing Documents") without taking exception in such policy(ies) or commitment(s) to matters which may arise between the last Effective Date of the commitment / preliminary report referenced above and the date and time of recording of the Closing Documents (the "Gap Period"), which matters may be an encumbrance on or affect title to the Premises. NOW, THEREFORE, in consideration of Stewart issuing its policy(ies) of title insurance or "marked up" commitment(s) as of the date of recording of the Closing Documents without taking exception to matters which may arise during the Gap Period, the undersigned agrees to: (1) promptly remove, release, bond or otherwise dispose of, to the satisfaction of Stewart, in its sole discretion, all liens, encumbrances or other objectionable matters filed or recorded against the Premises during the Gap Period, and (2) indemnify, defend and hold Stewart harmless against all claims, costs, losses, liabilities, damages and expenses, including without limitation, attorney's fees and expenses, arising out of or relating to all such matters and the failure to promptly remove, release, bond or otherwise dispose of them, to the satisfaction of Stewart, in its sole discretion. The foregoing instrument was executed, subscribed and sworn to before me this 27h day of July, 2021 byCliff E. Simpson. My Commission Expires: Notar Publi CHERYL NOTARY PUBLIC STATE OF COLORADO NOTARY ID 10054011852 COld0,IISS ON EXPIRES AUGUST 25, 2023) Page 1 of 1 1 2 3 4 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND 5 TAX OR OTHER COUNSEL BEFORE SIGNING. 6 The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (NTC43-6-I6) (Mandatory 1-17) 7 8 9 INSPECTION OBJECTION NOTICE Date: June 28, 2021 10 11 This Inspection Objection Notice relates to the contract dated June 7, 2021 , between Cliff E. Simpson 12 (Seller) and Weld County, Colorado (Buyer) relating to the sale and purchase of the Property known as: 13 41150 Tegan Avenue, Ault, CO 80610 (Contract). 14 Terms used herein shall have the same meaning as in the Contract. 15 16 1. BUYER'S INSPECTION OBJECTION NOTICE. 17 18 1.1. Buyer gives notice to Seller that that the Property or Inclusions are unsatisfactory. 19 Remove Large Tank and Pile of Dirt 20 1.2. Description of what is unsatisfactory that Buyer requires Seller to correct: 21 22 The large tank and pile of dirt on the NE corner of Lot 3 needs to be removed. 23 24 If more space is required, attached are additional pages. 25 26 27 28 29 30 31 32 33 34 35 If Buyer and Seller have not agreed in writing to a settlement of the above matters on or before the Inspection Resolution 36 Deadline, the Contract will terminate unless Seller receives written notice from Buyer withdrawing this Inspection Objection 37 Notice on or before expiration of the Inspection Resolution Deadline. 38 An i► NOTE: Resolution of inspection or other items agreed to by the parties may alter the terms of the Contract and require disclosure by Buyer to Buyer's lender. Buyer is encouraged to consult Buyer's lender prior to entering into a final resolution on inspection as well as other matters as the resolution may (1) have a detrimental impact on the Buyer's ability to get the loan; (2) cause delays in the lender's processing and funding of the loan by Closing; and (3) require further inspections and repairs. Communication with the lender should be in writing. 39 40 1.3. Inspection Report ❑ Is ❑✓ Is Not attached. Buyer Date Buyer Date 41 42 2. BUYER'S WITHDRAWAL OF INSPECTION OBJECTION NOTICE. 43 44 Buyer withdraws this Inspection Objection Notice and elects to proceed with the Contract. 45 46 47 Buyer Date Buyer Date NTC43-6-16. INSPECTION OBJECTION NOTICE Page 1 of 1 1 2 3 4 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR 5 OTHER COUNSEL BEFORE SIGNING. 6 The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (NTC43R-6-16) (Mandatory 1-17) 7 INSPECTION RESOLUTION 8 9 10 " 12 1. This Inspection Resolution amends the contract dated June 7, 2021 , between Cliff E. Simpson 13 (Seller) and Weld County, Colorado (Buyer) relating to the sale and purchase of the Property known as: 14 41150 Tegan Ave, Ault, CO 80610 (Contract). 15 Terms used in this document have the same meaning as in the Contract. 16 17 2. RESOLUTION OF UNSATISFACTORY PHYSICAL CONDITION. Pursuant to the Inspection Resolution provision 18 in the Contract, Buyer and Seller agree that Seller, on or before Tuesday, July 20, 2021 , will do the following to resolve 19 Buyer's Inspection Objection Notice: 20 21 The large tank and pile of dirt on the NE corner of Lot 3 will be removed by Seller. 22 23 24 25 26 27 28 29 30 31 32 33 34 (Amendment To Contract To Buy And Sell Real Estate) Date: July 1, 2021 35 3. SELLER'S COST. Pursuant to the Damage, Liens and Indemnity provision in the Contract, correcting or resolving the 36 unsatisfactory physical condition set forth in this document, will be paid by Seller. 37 4. SURVIVAL. If any agreed upon correction requires action after Closing, the obligations agreed upon survive Closing. 38 39 40 41 42 Note: This document amends the Contract. Buyer must provide a copy of this Inspection Resolution to Buyer's Lender. Date Buyer Seller Buyer Date Date Seller Date NTC43R-6-16. INSPECTION RESOLUTION Page I of I Hello