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Home My WebLink About20193431.tiffAugust 6, 2019 Petitioner: MIDLAND EQUIPMENT FINANCE PO BOX 2149 GIG HARBOR, WA 98335-4149 CLERK TO THE BOARD PHONE (970) 400-4226 FAX (970) 336-7233 WEBSITE: www.weldgov.com 1150 O STREET P.O. BOX 758 GREELEY CO 80632 Agent (if applicable): RE: THE BOARD OF EQUALIZATION 2019, WELD COUNTY, COLORADO NOTICE OF DECISION Docket 2019-3431 Appeal 2008225151 Hearing 8/5/2019 Dear Petitioner: On the day indicated above, the Board of County Commissioners of Weld County Colorado convened and acting as the Board of Equalization, pursuant to C.R.S. §39-8-101 et seq., considered petition for appeal of the Weld County Assessor's valuation of your property described above, for the year 2019. Account # Decision The Assessment and valuation is set as follows: Actual Value as Actual Value as Set by Determined by Assessor Board P9105233 Stipulated - Approved Stipulated Value $112,975 $0 A denial of a petition, in whole or in part, by the Board of Equalization must be appealed within thirty (30) days of the date the denial is mailed to you. You must select only one of the following three (3) options for appeal: 1. Appeal to Board of Assessment Appeals: You have the right to appeal the County Board of Equalization's decision to the Colorado Board of Assessment Appeals. A hearing before that Board will be the last time you may present testimony or exhibits or other evidence, or call witnesses in support of your valuation. If the decision of the Board of Assessment Appeals is further appealed to the Court of Appeals pursuant to C.R.S. §39-8-108(2), only the record of proceedings from your hearing before the Board of Assessment Appeals and your legal brief are filed with the appellate court. All appeals to the Board of Assessment Appeals filed after August 10, 2019, MUST comply with the following provisions of C.R.S. §39-8-107(5): (5)(a)(I) On and after August 10, 2019, in addition to any other requirements under law, any petitioner appealing either a valuation of rent -producing commercial real property to the Board of Assessment Appeals pursuant to C.R.S. §39-8-108(1) or a denial of an abatement of taxes pursuant to C.R.S. §39-10-114 shall provide to the County Board of Equalization or to the Board of County Commissioners of the County in the case of an abatement, and not to the Board of Assessment Appeals, the following information, if applicable: (A) Actual annual rental income for two full years including the base year for the relevant property tax year; (B) Tenant reimbursements for two full years including the base year for the relevant property tax year; (C) Itemized expenses for two full years including the base year for the relevant property tax year; and (D) Rent roll data, including the name of any tenants, the address, unit, or suite number of the subject property, lease start and end dates, option terms, base rent, square footage leased, and vacant space for two full years including the base year for the relevant property tax year. (II) The petitioner shall provide the information required by subparagraph (I) of this paragraph (a) within ninety days after the appeal has been filed with the Board of Assessment Appeals. (b)(I) The Assessor, the County Board of Equalization, or the Board of County Commissioners of the County, as applicable, shall, upon request made by the petitioner, provide to a petitioner who has filed an appeal with the Board of Assessment Appeals not more than ninety days after receipt of the petitioner's request, the following information: (A) All of the underlying data used by the county in calculating the value of the subject property that is being appealed, including the capitalization rate for such property; and (B) The names of any commercially available and copyrighted publications used in calculating the value of the subject property. (II) The party providing the information to the petitioner pursuant to subparagraph (I) of this paragraph (b) shall redact all confidential information contained therein. (c) If a petitioner fails to provide the information required by subparagraph (I) of paragraph (a) of this subsection (5) by the deadline specified in subparagraph (II) of said paragraph (a), the County may move the Board of Assessment Appeals to compel disclosure and to issue appropriate sanctions for noncompliance with such order. The motion may be made directly by the County Attorney and shall be accompanied by a certification that the County Assessor or the County Board of Equalization has in good faith conferred or attempted to confer with such petitioner in an effort to obtain the information without action by the Board of Assessment Appeals. If an order compelling disclosure is issued under this paragraph (c) and the petitioner fails to comply with such order, the Board of Assessment Appeals may make such orders in regard to the noncompliance as are just and reasonable under the circumstances, including an order dismissing the action or the entry of a judgment by default against the petitioner. Interest due the taxpayer shall cease to accrue as of the date the order compelling disclosure is issued, and the accrual of interest shall resume as of the date the contested information has been provided by the taxpayer. Appeals to the Board of Assessment Appeals must be made on forms furnished by that Board, and must be mailed or delivered within thirty (30) days of the date the denial by the Board of Equalization is mailed to you. The address and telephone number of the Board of Assessment Appeals are: Board of Assessment Appeals 1313 Sherman Street, Room 315 Denver, Colorado 80203 Telephone Number: (303) 864-7710 Email: baa@state.co.us Fees for Appeal to the Board of Assessment Appeals: A taxpayer representing himself is not charged for the first two (2) appeals to the Board of Assessment Appeals. A taxpayer represented by an attorney or agent must pay a fee of $101.25 per appeal. OR 2. Appeal to District Court: You have the right to appeal the decision of the Board of Equalization to the District Court of the county wherein your property is located: in this case that is Weld County District Court. A hearing before The District Court will be the last time you may present testimony or exhibits or other evidence, or call witnesses in support of your valuation. If the decision of the District Court is further appealed to the Court of Appeals pursuant to C.R.S. §39-8-108(1), the rules of Colorado appellate review and C.R.S. §24-4-106(9), govern the process. OR 3. Binding Arbitration: You have the right to submit your case to binding arbitration. If you choose this option, the arbitrator's decision is final and you have no further right to appeal your current valuation. C.R.S. §39-8-108.5 governs this process. The arbitration process involves the following: a. Select an Arbitrator: You must notify the Board of Equalization that you will pursue arbitration. You and the Board of Equalization will select an arbitrator from the official list of qualified people. If you cannot agree on an arbitrator, the District Court of the county in which the property is located (i.e. Weld) will select the arbitrator. b. Arbitration Hearing Procedure: Arbitration hearings are held within sixty (60) days from the date the arbitrator is selected, and are set by the arbitrator. Both you and the Board of Equalization are entitled to participate in the hearing. The hearing is informal. The arbitrator has the authority to issue subpoenas for witnesses, books, records documents and other evidence pertaining to the value of the property. The arbitrator also has the authority to administer oaths, and determine all questions of law and fact presented to him. The arbitration hearing may be confidential and closed to the public if you and the Board of Equalization agree. The arbitrator's decision must be delivered personally or by registered mail within ten (10) days of the arbitration hearing. c. Fees and Expenses: The arbitrator's fees and expenses are agreed upon by you and the Board of Equalization. In the case of residential real property, the fess may not exceed $150.00 per case. For cases other than residential real property, the arbitrator's total fees and expenses are agreed to by you and Board of Equalization, but are paid by the parties as ordered by the arbitrator. If you have questions concerning the above information, please call me at (970) 400-4226. Very truly yours, BOARD OF EQUALIZATION Esther E. Gesick Clerk to the Board Weld County Board of Commissioners and Board of Equalization cc: Brenda Dones, Weld County Assessor COUNTY BOARD OF EQUALIZATION WELD COUNTY Single County Schedule Number P9105233 STIPULATION (As To Tax Year 2019 Actual Value) RE PETITION OF : NAME: ADDRESS: MIDLAND EQUIPMENT FINANCE PO BOX 2149 GIG HARBOR, WA 98335-4149 Petitioner (s) and the Weld County Assessor hereby enter into this Stipulation regarding the tax year 2019 valuation of the subject property, and jointly move the Board of Equalization to enter its order based on this Stipulation. Petitioner (s) and Assessor agree and stipulate as follows: 1. The property subject to this Stipulation is described as: 671 Technology Cir Windsor, CO 2. The subject property is classified as Personal property. 3. The County Assessor originally assigned the following actual value to the subject property for the tax year 2019 : Total $112,975 4. After further review and negotiation, Petitioner (s) and Weld County Assessor agree to the following tax year 2019 actual value for the subject property: Total $0 5. The valuation, as established above, shall be binding only with respect to tax year2019 . 6. Brief narrative as to why the reduction was made: Equipment was mistakenly reported. Ownership of equipment transferred to Lessee Origin Engineering LLC as of 1/1/2019. Equipment will be assessed to Origin Engineering LLC. 7. Both parties agree that: IZIThe hearing scheduled before the Board of Equalization on 08/05/2019 at 10:30 a.m be vacated. QA hearing has not yet been scheduled before the Board of Equalization. 1 a©t9- 3c 3I "5°103 DATED this 30 day of July , 2019 CT Nguyen CJ Nguyen (Jul 30, 2019) Petitioner(s) or Agent or Attorney Address: PO Box 2149 Gig Harbor, WA 98335 Telephone: 253-358-4035 Docket Number P9105233 Stip-1.Frm Lflpfm (Assistant) County Attorney for Respondent, Weld County Board of Commissioners Address: 1150 "O" Street P.O. Box 758 Greeley, CO 80632 Telephone:(970) 336-7235 County Assessor Address: 1400 N.17th Avenue Greeley, CO 80631 Telephone: (970) 400-3650 2 P9105233 MIDLAND EQUIPMENT FINANCE STIPULATION Final Audit Report 2019-07-31 Created: 2019-07-30 By: Sean McElroy (smcelroy@co.weld.co.us) Status: Signed Transaction ID: CBJCHBCAABAAuXeuyjlhFf8C-NSd7HFCnXfMTGkNUadV "P9105233 MIDLAND EQUIPMENT FINANCE STIPULATION" History t Document created by Sean McElroy (smcelroy@co.weld.co.us) 2019-07-30 - 6:19:38 PM GMT- IP address: 204.133.39.9 E Document emailed to Sean McElroy (smcelroy@co.weld.co.us) for approval 2019-07-30 - 6:19:39 PM GMT 60 Document approved by Sean McElroy (smcelroy@co.weld.co.us) Approval Date: 2019-07-30 - 6:20:34 PM GMT - Time Source: server- IP address: 204.133.39.9 C'w Document emailed to Leo Chea (Ichea@weldgov.com) for approval 2019-07-30 - 6:20:36 PM GMT t Email viewed by Leo Chea (Ichea@weldgov.com) 2019-07-30 - 6:55:22 PM GMT- IP address: 204.133.39.9 tdo Document approved by Leo Chea (Ichea@weldgov.com) Approval Date: 2019-07-30 - 7:45:56 PM GMT - Time Source: server- IP address: 204.133.39.9 E, Document emailed to Brenda Dones (bdones@co.weld.co.us) for signature 2019-07-30 - 7:45:57 PM GMT 'i Email viewed by Brenda Dones (bdones@co.weld.co.us) 2019-07-30 - 7:58:59 PM GMT- IP address: 204.133.39.9 de Document e -signed by Brenda Dones (bdones@co.weld.co.us) Signature Date: 2019-07-30 - 7:59:18 PM GMT - Time Source: server- IP address: 204.133.39.9 * Document emailed to CJ Nguyen (pptdept@orionfirst.com) for signature 2019-07-30 - 7:59:19 PM GMT Adobe Sign ,t Email viewed by CJ Nguyen (pptdept@orionfirst.com) 2019-07-30 - 10:04:49 PM GMT- IP address: 75.149.169.181 cse Document e -signed by CJ Nguyen (pptdept@orionfirst.com) Signature Date: 2019-07-30 - 10:05:27 PM GMT - Time Source: server- IP address: 75.149.169.181 '► Document emailed to Karin McDougal (weld-cboe@weldgov.com) for signature 2019-07-30 - 10:05:28 PM GMT t Email viewed by Karin McDougal (weld-cboe@weldgov.com) 2019-07-30 - 11:47:39 PM GMT- IP address: 204.133.39.9 ea Document e -signed by Karin McDougal (weld-cboe@weldgov.com) Signature Date: 2019-07-31 - 1:30:48 PM GMT - Time Source: server- IP address: 204.133.39.9 Q Signed document emailed to canaya@weldgov.com, Sean McElroy (smcelroy@co.weld.co.us), Leo Chea (Ichea@weldgov.com), CJ Nguyen (pptdept@orionfirst.com), and 2 more 2019-07-31 - 1:30:48 PM GMT Adobe Sign NOTICE OF DETERMINATION RECEIVED Brenda Dones Weld County Assesso r! . 2 9 2ffis t 1400 N 17th Ave Greeley, CO 30031 WELD U IT' ACCOUNT ()UM NO. ISSIONERS TAX YEAR TAX AREA : LEGAL DESCRIPTION/ PHYSICAL LOCATION P9105233 2019 0421 ORIGIN ENGINEERING LLC PROPERTY OWNER MIDLAND PO BOX 2149 EQUIPMENT FINANCE ; 671 TECHNOLOGY Y II GIG HARBOR, WA 98335-4149 WINDSOR , CO MIDLAND EQUIPMENT FINANCE .a. -'.,, %e, . . . ... :... t :. :. - .... :':: ASSESSORS VALUATION 1 . PROPERTY LASSI ICAT U 1 ACTUAL VALUE PRIOR TO ACTUAL VALUE AFTER REVIEW REVIEW I PERSONAL PROPERTY 112,075 112,975 I 3 TOTAL 112,975 112,976 Fkc E\VW iIt5)vt1 Date of Notice: 07/10/2019 Telephone: (970) 400-3650 Fax: (970) 304-6433 Office Hours: 8:00AM - 5:00PM The Assessor has carefully studied all available information, giving particular attention to the specifics included on your protest. The Assessor's determination of value after review is based on the following: PPOI - Your persona/ property has been valued in accordance with Colorado law, Other personal property, similar in nature, has been consistently valued using the same statutory methods. If you disagree with the Assessor's decision, you have the right to appeal to the County Board of Equalization for further consideration, § 39-6-106(1)(a), CARS. The deadline for filing personal property appeals is July 20. The Assessor establishes property values. The local taxing authorities (county, school district, city, fire protection, and other special districts) set mill levies. The mill levy requested by each taxing authority is based on a projected budget and the property tax revenue required to adequately fund the services it provides to its taxpayers. The local taxing authorities hold budget hearings in the fall, If you are concerned about mill levies, we recommend that you attend these budget hearings. Please refer to last year's tax bill or ask your Assessor for a listing of the local taxing authorities. Please refer to the reverse side of this notice for additional information. Agent Of Applicable): 2019-3431 15-DPT-AR ARL VOL 2 1-84 Rev 01-16 Aso1o3 APPEAL PROCEDURES County Board of Equalization Hearings will be held from July 25th through August 5th at 1150 0 Street. To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below, and mail, file online, or deliver a copy of both sides of this form to: Weld County Board of Equalization 1150 O Street, P.O. Box 758 Greeley, CO 80631 Telephone: (970) 356-4000 ext, 4225 Online: www.co.weld.co.us/appsl/cboe/ To preserve your appeal rights, your Petition to the County Board of Equalization must be postmarked or delivered on or before July 20 for personal property — after such date, your right to appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with proof of mailing. You will be notified of the date and time scheduled for your hearing. The County Board of Equalization must mail a written decision to you within five business days following the date of the decision. The County Board of Equalization must conclude hearings and render decisions by August 5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of Equalization and you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by September 10, § 39-2-125(1)(e), C.R.S. If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of the following: Board of Assessment A D Deals 1313 Sherman Street, Room 315 Denver, CO 80203 (303) 866-5880 www. d ola . co to rad o, q ovf ba a Binding Arbitration For a list of arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day, 4' 39-1-120(3), C.Q.S. District Court Contact the District Court in the County where the property is located. See your local telephone book for the address and telephone number. PETITION TO COUNTY BOARD OF EQUALIZATION What is your estimate of the property's value as of June 30, 2018? (Your opinion of value in terms of a specifi9.4oll9k5ount is required for real property pursuant to § 39-8-106(1.5), C.R.S.) What is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original installetc$%14t1 etc.?FtWAEcAt4sE/oC PTW 14O L D I, the uncle and on an ATTESTATION flied rr or *El of the property identified above, affirm that the statements contained herein chmentt -are true and complete. 53 "3 — 5gw.9-03 1/I5Ji1 Signature ,t-- i P4\-2€ P Email Address 1 If (Jr, crs Telephone Number 2 Attach letter of authorization signed by property owner. Date 15 -OPT -AR ARL VOL 2 1-84 Rev 01-16 Midland - Reporting Error Letter - No Equip MIDLAND EQUIPMENT FINANCE DIVISION OF MIDLAND STATES BANK PO BOX 149 GIG HARBOR, WA 98335 7/17/2019 Hello Assessor, Sincere apologies with our tax software error. RECEIVED l t‘,5 .�. •.a 2 Rir E` et. i%4 WELD C COMMISSONEF1S Midland reported equipment in error & should have never mailed out this reporting form. Customers own equipment (not Midland). Correction: Midland has no equipment to report. Attached is Midland's amended form. Details: Heartland Business Credit was the original lessor during 2018 & prior years. It was Heartland's policy to file PPT on behalf of their lessees (customers). Heartland assigned all customer contracts to Midland in 2018. Then Heartland business closed 12/31/2018. As of 1/1/2019 customers own equipment. Midland Equipment Finance is division of Midland States Bank. No equipment was transferred from Midland to the lessees (customers). This applies to customer equipment previously with Heartland & applies to any new Midland customers leased equipment. It is Midland's policy for lessee (customer) to file their own PPT on any EFA type contracts. Thank you for your help. Sincerely, O Nguyen PPT Accountant PO Box 2149, Gig Harbor, WA 98335 253-358-4035 pptdept@orionfirst.com Enclosure (attach are copies of correspondence) From: Sent: To: Cc: Subject: Attachments: PPTDept Tuesday, July 2, 2019 638 PM PPTDept; Leo Chea Stacey Dullum; Jenny Dubinsky RE: Weld County Assessor's Office Addendum -Alps Granite for Less.pdf; Addendum -Origin Engineering.pdf Hello Leo, from our phone discussion on 6/26. -as requested, if we can find more documents as proof customer is responsible for taxes -attached are x2 more documents showing customer agrees to responsibility of personal property taxes (instead of Midland) -this is regarding our protest forms & amended declaration form Thank you for your help. I' 1 .3 'is Is? .s -.. CJ NGUYEN f Personal Property Tax & Cash Accountant (253) 358-4035 (888) 705-8778 x10'08 orionfirst.com This e-mail, and any attachments, contains information that is, or may be, covered by the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521, and is confidential and proprietary in nature, if you are not the intended recipient, any disclosure, copying, or distribution of this message is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender and delete all copies. Thank you. From: PPTDept <PPTDept@orionfirst,com> Sent: Tuesday/ June 25, 2019 7:05 PM To: Leo Chea <Ichea@weldgov.com>; PPTDept <PPToept@orionfirst.com> Subject: RE: Weld County Assessor's Office Hello Leo, to help clarify: - Midland Equipment Finance is a division of Midland States Bank -both company names are same owner - attached is copy of documents we mailed out -included is customer lease agreements showing their responsible for taxes -please let me know if need any additional information or documentation Thank you for your help. ORIGIN FIRST CJ NGUYEN I Personal Property Tax & Cash Accountant (253) 358-4035 (888) 705-8778 x1008 or onfirst.corn This e-mail, and any attachments, contains information that is, or may be, covered by the Electronic Communications Privacy Act, 18 U.S.C, 2510-2521, and is confidential and proprietary in nature. If you are 1 not the intended recipient, any disclosure, copying, or distribution of this message is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender and delete all copies. Thank you. From: Leo Chea <Ichea@weldgov.com> Sent: Tuesday, June 25, 2019 8:43 AM To: PPTDept cPPTDept@orionfirst.com> Subject: Weld County Assessor's Office Good Morning O, I am reviewing the personal property protest that was submitted for accounts P9105231 and P9105233 Midland Equipment finance and need additional information. For purposes of personal property taxation, the company that has legal title to the equipment is the one that needs to report the equipment. After reviewing the attached business lease agreement for P9105231, it appears that Midland Equipment Finance is the legal title holder of the equipment. Can you provide me any additional lease documents that show otherwise? Also, can you provide me with the full business lease agreement for P9105233? Thank you, Leo Chea Weld County Assessor's Office Natural Resources & Commercial Personal Property Phone: 970 400-3663 or 720 652-4255 ext. 3663 Fax: 970 304-6433 lchea@weldgov.com Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Total Control Pan& To: pptdept@orionfirst.com Message Score: 1 From: Ichea@weldgov.com My Spam Blocking Level: Medium Block this sender Block weldgov.corn This message was delivered because the content filter score d'id not exceed your filter level. High (60): Pass Medium (75); Pass Low (90): Pass Login 2 Midland I wpreion t €kwu. :,r :=.tilt"f CC- “.1. L.is �.. s ,.r- -.c Ote ' Business Lease Agreement Lease *32014.001 SUPPLIER: NORTHWOOD INDUSTRIAL MACHINERY INC. LESSEE: Al's Granite For less Inc. dba Al's Granite 11610 Legal Commonwealth Name Dr. -. - - Legal Maine 687 Gyrfalcon Court Unit I) Address - - -- -- Louisville KY 40299 Address Windsor CO 80550 Weld e. City Stale Zip CCity-- State 21$ County _.r EQUIPMENT DESCRIPTION (THE a EQUIPMENT) -- SERIAL NO. One (1) New Northwood 138 UFC PabCenter together with an attachments and accessories MONTHLY RENT PAYMENT: $4.304.55 LEASE TERM: Advance Payment $.90 LEASE PURCHASE $1.00 Purchase OPTION Option ► 1 (Plus Sales/Use Tax) 84 Months III (includes Sales/Use Tax) (IN MONTHS) ewe 'Leasmeans # is Business Lease Agreement, the word's 'you' and'your` mean Lessee and the words NW, -us' and 'our' mean Lessor. This Leese shall not be effective until executed by the Lessee and acco'ted b an authorized re resentative of Lessor at Its ' rInci : I ' lace of business, AC TED BY LESSOR: Midland gtates Bank BY:. Name laska.. Date: 7 AT( Alin LESSEE: AI's Granite or ss Inc.dbaAl's Granite Br X Nam y Perkins Date: tin! �— Federal Tax ID-lT'TT ':President 1. LEASE CHARGES. You hereby agree to lease from us the personal property described above or on any attached schedule (the 'Equipment') for tie Monthly hly Rent Payment set forth above for the full term of this Lease. Rental Payments shall start on the date that we orally confirm with you that the Equipment has been delivered to the t aboo listed above, is fully installed and is in good operating order (the Payment Start Date"). Upon execution of this Lease, you wilt deliver to us an advance payment andior security deposit, as set fort above. To the extent permitted by lave we may charge you a fee not to exceed $750 (plus applicable salesluse tax) to cover documentation and investigation costs. You agree that no part of any advance payment is or will be deemed to be a securitydeposit and that any advance payment is not refundable. The security deposit set forth above is security for your performance of all your obligations under this Lease. We may use all or any part of the security deposit to pay any sum in default or any amount that we spend by reason of your default You agree that you am not entitled to Interest on the securfty deposit. Unless you are in default, we will return the secu sty deposit or any balance thereof to you within sixty (60) days after the expiration of the tease Term and any extension thereof. We may also charge you a partial payment for the time between the Payment Start Date and the due date for the first monthly payment You will dearer monthly payments to us on the 'Rent Payment Date' as we specify, at the address set forth above of at any other address we provide to you with proper notice. You also agree to pay us a late fee equal to the greater of $50.00 or 10% of any amount that is not paid within five days of the Rental Payment Date, but riot more than the highest legal rate. You agree that we may adjust the rent payment proportionally up or dawn if the anal cost of the Equipment exceeds or is less than the amount stated in this Lease. If you do not authorize a Draft Request for the withdrawal of your Monthly Rent Payment you also agree to pay a monthly bitting charge of $5 per month. You agree to pay $50.00 for each check or Draft Request that the bank returns for insufficient funds or any other reason. After we sign this Lease, it SHALL NOT BE CANCELABLE by you for any reason, including equipment failure, loss or damage. 2. TAXES. You assume liablirty for and shall pay when due all taxes (including sales, use and personal property taxes), licenses and registiatton fees, fines, penalties, and other adminnstratrve charges relating to this Lease or the Equipment If we pay any tax on your behalf relating to this Lease or Equipment (whethe' such payments) is made during or after the Lease Term), you agree to reimburse us in full for such paymenI s). You agree to pay us for the toss of any income tax bens caused by your actions. If an increase in the federal corporate income tax rate or a change in the 'accelerated cost recovery deduces' alloyed by the Internal Revenue Code, as wed, adversety affects our after-tax earnings or cash flows, you agree that we may increase the amounts due under this Lease to offset any such adverse effect 3. SELECTION OF EQUIPMENTIDISCLekiMER OF WARRANTIES. You acknowledge that you* riot we, selected the Equipment and the supplier of the Equipment, based on your own judgment and without reliance on any statements made by us, You acknowledge that you are leasing the Equipment `AS IS,' and WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF NON -INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE_ YOU HEREBY WAIVE ANY CLAIM (INCLUDING ANY CLAIM BASED ON STRICT OR ABSOLUTE LIABILITY iN TORT) YOU MIGHT HAVE AGAINST US FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL) OR EXPENSE CAUSED BY THE EQUIPMENT OR THIS LEASE. We are not responsible for service repairs to the Equipment. As long as you are not in default of this Lease, we hereby assign to you any warranties provided to us by the manufacherer of or service provider for the Equipment, if - You acknowledge that your sole remedy for breach of any such warranty will be against the manufacturer of or service provider for the Equipment and that you will have no well remedy our dalm agates us, nor shall such breams have any effect whatsoever on the rights and obligations of you or us hereunder. Other than this Lease, we ate not party to or bound by and WI net honor the s of any purchase carder or other agreement regarding the Equipment You agree That a Rations our remedies and liabilities contained in this Lease represent a rsasonable allocation o€ risks between you and us_ All reference to 'Equipment' pent' in the Lease sly Includeleclude both ely and individually, any and all software licenses (each, a 'license') eith respect to any computer software ("Sure) contained in the description of the Eqtifunent and/orfor otherwise intOfp0fated into any personal property constituting Equipment under the Lease. You are subject to and bound by all such Licen es. WE EXPRESSLY DISCLAIM ANY WARRANTY THAT NO PERSON HOLDS A CLAIM TO OR INTEREST IN ANY SOFTWARE OR LICENSE (NOT ARISING SOLELY FROM ANY ACT OR OMISSION BY LESSOR} MAT Will INTERFERE WITH LESSEES ENJOYMENT OF ITS LEASEHOLD INTEREST IN THE LICENSE OR SOFTWARE, 4. LOCATION AND INSPECTION. You agree to keep the Equipment at the location specified above. You may remove or glow the Equipment to be r moved from the address above only upon our prior Written wit and onty if (a) the new location s whin the continental United States; and (b) you proms UCC-1 financing statements or other docurf+entaben es we reasonably to protect Our interest in the Equipment You agree to request retocabon at least 30 days` prior to such revocation. You agree to reimburse us for any its that we cur as a result of relocation, Any charges under this Lease (e.g., rental pa'y'ments) shall not abate during the prey the E� is cut of service due to a relocabcsi that you have requested. You wiel permit us on your premises to inspect the Equipment and your business records during nom business how. 5. USE OF EQUIPMENT. Yter SS, at year expense, use, maintain and keep the Equipment in good operating order in the manner for helich was designed and intended, SOLELY FOR YOUR BUSINESS PURPOSE, in aecortlance w manufa re s room ions and hi compliance with all wire& lam, regulations and insurance requirements_ You will not make any tires or Maimsth the Eoeiprnent without our prior written consent NI adorns, attachnnartal, or repfacement made to the Equipment, unless &remise agreed bit voting by us, shag become part ol the Equipment You warrant and 'edify to us that tat Equipment witl be used by solely for business purposes at the location on the front of this tease and not for personal or household purposes. 6. LESSEE REPRESENTATt . You represent and warrant that (a) this Lease oonsttutes a legal, valid, and binding obligation, end against you in accordance with its tuns; (b) you have the ability to peaterrn ci your obligations under the Lease; (c) you will not Violate any taw, rain or COiltrattUa4 sx1435on by entering into and perfOrming your t ali ander this tease; (d) a finane.;a1 or other statements that you have furnished or made to us are true and correct in 1 naspels; a (e) no consent or approval of, gig of nobce to, registration or tang deny other action by any person or entry is required for you to pee= the tabltgattons under this Lam. Any persem signer this Lease for you warrants that he or she is duly aelhodesel and empovmed to do so. T. INSURANCE You aire =patellae Wand t the risk of loss or damage to the Equipment.. YOU agree to keep the Equipment irenie aienett all tit of loess, Inducing lability coverage and additioesi insured, in an amountat least egad th the went cost, and you MI fist us es loss payee mei give us to red of this insurance If you do not give us proof, we t be o a #o) obi other insurance acid charge you a fee for it. 8, RETURN OF EOUIPMENT, thiess yon exercise a purchase cx renewal option provided facia this Lease, upon Via, or upcogestalt to this Lease, you shall acRately, at your expense,return tire Equipment in the same term as when you received excepting only reasonable wear a S. s as we designate_ You dhoti pay ay cost and expeeses , ire and return the Event to the designated iocatica After the expiraltim of the Lane Teta rd Iteveafia urti vie actually rive claret -1-11c Initial t Pin?, Iieciet Midland Fl LEASE AGREEMENT Lease Agreement No. Dated: 827-220498-001 October 2, 2018 LESSOR: Midland States Bank 7700 Banhomme Avenue Clayton, MO 63105 Phone: 81)0.648.6517 LESSEE: Origin Engineering LW 671 Technology Circle Windsor, CO 80550 Type and State of Organization: LLC, C Federal Tax 10; 82-2330299 t;nante r -. a.. ! 01• ;'.!1 LEASE TERMS TOTAL EQUIPMENT COST $124,038.90 SECURITY DEPOSIT RENT PAYMENT AMOUNTS (S) 81 et i,800.IS EQUIPMENT DESCRIPTION 1 New Maxim Model 1530 Waterjet ADVANCE PAYMENTS Payments in Arrears EQUIPMENT LOCATION 671 Technology Circle Windsor, CO 80550 INITIAL LEASE TERM (in months) 84 COMMENCEMENT DATE 10/10/2018 Acceptance Mite: _ . Commencement Date: t W1512018 01.8 CUT-OFF DATE January 18, 2019 END OF LEASE TOWS Mandatory Purchase: $1.00 The word "Lease", "the Lease" or "this Lease" means this Lease Agreement, the words "your and "your" mean Lessee and the words "we", "us" and "our" mean Lessor. This Lease shall not be effective until executed by you and accepted by an authorized representative of ours. 1. Lease. You hereby agree to lease from us, subject to she terms and conditions herein, the personal property and equipment in the Equipment Description above or any ;t.lit,tioi ! attached hereto, alt acid/or suttt.vai t! iit_eits :s auiuna ed atud t.l aiijaction with the c -q napi nc'n 1)S it ICila,illy tear ust! Iii 01 oil IctV4I!:e.. with illy equipment, tvgcthec r with all iepl.ni'nient 1, sits, r L`JJJir'S, ddditioli;i, JCLt.,Sruris, ti ntt ,JC CCS M Ic! ii Ica a lifii Lateti tliea Calif Of al l ixed us tit (tidied thereto, whoever hatatwd anti whether now owned or hereinafter acquired, and all proceeds of the €oregoing, including„ any insurance recoveries and all general Intangibles relating to or arising therefrom, all products thereof and all cash and non -cash proceeds (including insurance proceeds) of the equipment (the "Equipment"). THIS IS A NET LEASE THAT CANNOT BE CANCELLED OR TERMINATED FOR ANY REASON AND iS AN ABSOLUTE AND UNCONDITIONAL OBLIGATION, WHICH SHALL NOT BE SUBJECT TO ANY ABATEMENT, REDUCTION SETOFF OR DEFENSE OF ANY KIND. You agree ree to make payment of all Rent Payments and other amounts due hereunder and you cannot withhold or reduce any amounts for any reason, including but not limited to the condition or performance of the Equipment. 2. t.ease__'_T, ,Iyments. You will pay all Rent Payments due hereunder to us in the Rent Payment Amount(s) above for the full Initial Lease Term of this Lease. The above Commencement Date for this Lease is determined as FnIlratvs: (i) the fifteenth f iS"} day of the month if the above Acceptance Date is on the first (r') day through the fifteenth (1 5") riaya of the r aianth; and (ii) on Hip first (1'') day of the niratith if the ahuvr' Art epI;arire Date is oaa tbr, sixteenth It i6) ibrotirh the final day of curt, month. The Arcnptanc Date' chilli the rive nil 1.quipniertt is delivered to than i:crtrrlirnE'nt location, hilly ins€allerd, rn Enod oiler;nmc order and wily acrept by you in art executed Delivery and Acceptance Cer ilicate satisl,ector'y to us. It we do not receive the executed Delivery and Acceptance Certificate by the Cut -Oil Date, then we may terminate this Lease. You authorize us to linen or correct the Commencement Date or Acceptance Date above. The first Rent Payment is due on the Commencement Date, if the Rent Payments above are stratcd to be "umde in advance", or If the payments above are stated to be "made in arrears", then the first Rent Payment shall be due on the date that is one month after the Commencement Date. All subsequent Rent Payments are due on the same day of each month thereafter, at the above address or other address provided, whether an invoice is rendered, until all amounts due under this Lease am paid in lull and all obligations satisfied. You arc responsible for all costs of shipping≥ transportation, and other charges %elating to delivery and acceptance o€ the Equipment. Upon execution of this Lease, you will pay any Advance Paynient(s)(nurertel unclrthle) imc€ we may also charge you costs incurred iii the origination of this Lease. Any Security Deposit will constitute security for performance of your obligations and shall not bear any interest. in an Event cif Default, we may Dpi* any Security Deposit to amounts due hereunder, and ii no Event of Default occurs, we will return the Security Deposit (or remaining balance) to you upon satisfaction of all tease obligations. On the Comm enceuner;i Date you will pay an interim amount of rent eth term Rrertt"), equal to tier= proilrut oi: (,0 each Item Payment Amount (it multiple Rent Iinynwnt Amami aim Wed abnvr, tlum iistnr; the Runt Payment Amount Wr the aiiajoniy of the Rent Payments), nraukipl d by, (u) 1f3t , multiplied by, (iii) the number of days front the A,rceptance bate 1-o (and excluding) the Commencement Date. If the Acceptance- Date is no the 34 or the :t5t6 of the month, then the Commencement Dale and Acceptance Dale nre the same and no Interim Rent is due. All interim Rent is calculated on a 360 -day year basis and due as stated on your invoice. 3. Late Payments: Payee eft �_ ry es and Appliration. Time is of the essence. We may choice a late fee, not to exceed the gsealcr of $50,00 or ten percent 110%), of any Rent Payment or other amount not paid within ten (10) days of when due and charge a non -sufficient lands lee of $56.00 for each check or draft request returned for insufficient funds or other similar reason(s). My late fee(s) or other fee(s) charged hereunder shall not exceed the maximum amount permitted under applicable law, and if any court, regulatory agency or other sirnif-ar authority eletetaiaines any amount{s} to beucurk , then such anoimts wife be reduced to the maximum amount permitted by law. Any excess amounts paid deemed tict)riDas Will be applied to your obligations bereuniier until hilly satisfied with any remaining excess ai oiint(s) refunded, We reserve the right to 3iir rc•tll,f#lis' Rc•-lit Pay'anl•ail Ainonrst, lint I1bi}total amount by rip 1in ()1)t} fni tea ilttes iii fool tSIi 1-Au-ai r i:.ii.; Ilia \tfliifUi, Wit hail( Mill' ill cal IO11M'rli bye yin%, 'st ` �1 PcT:;,L wnI wdI rs'i.ilr��y ;i wJi itUt'ci �1i t'ndtni nS. EA('Is I',iyil ii'scl F� 3's•sesL IS 5ti'.�� wciioat:. (in hits, incliritll1g the liii:' !!.:1111 9,1;311 pi S}Srrt�t''1� � hat, ��}) :�i�Y °: �i il�l�s �,I i''ci►.. 3 i31. F!'r L� fi r7 l l t. rT ' atitcrnet (http://www.theice.cornimaketdai a r�r�rons/1BD), for the Series/Run "USL Rates :i 100", asrate, published by tfle litlt3rc:caritir,iM�ia1��! Exchange ("ICE"), on therwt.tisite (1'itlp:�,� updated and published by ICE dully, or if no longer published, then a similar successor index selected by tis. -This l.oase i_s eslabiishul of the index rate of 3.088% (the uStivgp R fi") as. of October 1, 201& Shnuld the Swap Rate increase as of the Funding Date, you agree each Rent Payment anti the total amount due hereunder shall be adjusted to reflect such ificfeese, with such :revised Swap Rate remaining fixed thereafter. We will use ixts1 efforts to send you notice of sly Swap Rate increase, however, failure to send or to receave, such notice, shall riot be it *defense. All Rent Payment Amount(s) received by us will be applied; (1) to each Reid Payment due and D%Itstaradirij, in order of a1Zost delinquent, and for encii st Ch Rein Payment, first to any accrued but unpaid amounts due miler the implic# Lei se rate) gill then to the rent amount of euch Payment; next (ii} to any late lees owed for Dray due but unpaid Rent Paymenits); next tiff} to any Other costs owed us; and ni litany (iv) any remaining balance applied its future Rent at l aymrcni Is) -0 the carder clue. Vie- milli a djost yntir final (tent Payment fusee! zan , rec alculatir;lg t -ht; ra:maining ill:1 1nm to ploperlyr t epee% the L total amount due anti r talitielSie}9644 tJM s\d '•p, e tai s.!..9, 4. Taxes. You are I1itle for kind Will pay when the, and upon req:aest file all tax filings for all taxes, Icluclir sales. lard use tare, property taxes, license and registratirJri lees, nsst~ssnaents, perortitsi sand cli r• r antsy relating to this Lease in the Equipment, We are not liable fur any sales, aced p enoria I property or other taxes re it % to the Lease ti' the Equipment. We may pay certain lax amounts necessary to protect our interests and you will immediately ceirnt u , us_ if this itaSe is a MtindMory Pctrefiase face, we will rcf)Ci1 any sears Shaul use laws and ythi wi# rcpnrl cell person& property irilces MO provide us proof c i piiyrrnecr[(s:} art%! liltog(s). Lea ,*rAg1cerSrit_(3720:1; rnternsr in or otherwise controls you or any Gar;aranrnr- is, or ;hall 1w, (A) listed on the "Specially Designated Nationals mid Rlnri.nd Pertain Ire unaantninrd by this ()Rice of Foreign Assets Control ("OFAC'a), Department of Treasury or any similar lists maintained by agencies under statute, regulation, order or other authority, or (8) a person designated under Sections 1(h), (c) or (d) of Executive Order No, t3224 (September 21, 2001), or any related authority; and (ii) all applicable Gat Secrecy Act laws for the prevention and detection of money laundering violations. IS, MISEE1.LA IEEQIJS. -4Y a. Entire Agreement; Amendments; Counterparts; Chattel Paper; Enforceability. This Lease constitutes the the subject matter hereunder and supersedes all prior oral and written agreements. No modification or amendment of this Lease shall be binding u r c e - t ret:ing by hoth parties. This lease may be executed in one or more counterparts, each of which is an original and together constitutes one Lease. The origin e shall constitute the original chattel paper under the UCC. If any term hereunder is determined by a court, agency or other authority to be invalid or unenforceable, such finding shall not affect any remaining terms of tl it'; Lease. b. Notices; Electronic Documents. All notices hereunder must be sent by certified mail or recognized overnight delivery service, postage prepaid, return receipt requested to you at the address staled above or an alternative address provided in writing. This Lease, any signature page or counterpart thereto, signed and transmitted by facsimile machine, telecopier or other electronic means (including via transmittal of a "pdf" file) shall be deemed an original document that is valid, binding and enforceable. The signature of any person thereto shall be considered an original signature and the document transmitted has the same binding effect as an original signature on an original document. At our request, any facsimile, telecopy or other electronic docun ier it sl tall be provided with a "wet Ink" signature and/or manually transmitted in original form by the person(s) who executed the facsimile, telecopy or other electronic document. The parties hereby consent to using such electronic signature(s) and/or electronic transmission of document (s) and intend to be legally hound thereby. No party may raise use of a facsimile, telecopier or other electronic means of delivery, or the fact any signature is electronic, as a defense to enforcement of this Lease. !.. further Ac;ttrances4, USA Patriot Act. You will promptly execute and deliver any further dociirnonis and trice tut then ;ta:tinru a' we may request to fulfill the purpose cal this Lease. We Ireteby provide notice that pursuant to the USA PAiRIUF Att (title ill €al Pub. L 1U/ -b6, October, 2e 2001), we are required to obtain, verify and record information identifying you and any t;ua;ramor(s), including names, addresses and information to comply with this law. You and any Guarantors) agree to promptly provide documentation complying with obligations under anti -coney laundering laws, "know your custonwr" requirements and the Act. d. Governing Law: Jurisdiction/Venue; Marry Trial Waiver. This Lease shall be subject to, and governed by, the laws of the State of Illinois, without regard to the conflict of laws principles thereof. Each party consents to the jurisdiction of the state courts located in Effingham County in the State of Illinois or the federal courts located in the Southern District of Illinois for resolving disputes for this Lease and waives any objection it may now or hereafter have to the laying of jurisdiction and venue in such courts. EACH PARTY IRREVOCABLY WAIVES TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF Oft RELATING TO THIS LEASE OR THE TRANSAC'T'IONS CONTEMPLATED HEREBY. NO PARTY HEREUNDER SHAL1. BE LIABLE FOR SPECIAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES ARISING OUT OF THIS LEASE. . rt VI i; Midland States Ran _ 335531 Print Name: Luci Garcia J Title: Senior l= hiding S ecialist .._ _ Atat horinati Signature: X a f 'A ..ga. la r Name: Origin Engineering LLC Print Name: Matthew Chaise Title: Member Aralhorieed Signature: R PFRSONA1, GuJARANTY: N eta saga{iercign!=tl guarantor (earl] as "Guarantor•"), jointly and severally, unroauiftinoally and irrasvnrahly, Ptr:rrar-Mays the full and prompt paaymnnt and performance of le.sc "s obligariions for the above Lease Agreement and amendments (the "teasel), to which this Guaranty is attached, and any other now existing, or hereafter arising, obligation or indebtednes.s of Lessee to Lessor, its successors, assignees and affiliates (each, an "Obligation,. This Gu ranty is a legal, valid and binding obligation, enforceable in accordance with 'its terms, and remains in full force and effect until all Obligations are fully satisfied, No obligation of Guarantor can be assigned or delegated, and this Guaranty may only be modif led in writing by both parties. This Guaranty{ is al payment and performance and may tie enforced directly against Guarantor without proceeding against Lessee, guarantors or other parties, and without Lessor pursuing any other remedy. Guarantor waives any right to require Lessor to make presentment or demand for performance, or give any notice of nonperformance, protest, or dishonor. without soul notice to, of consent by, Guarantor, Lessor may for any Obligation, in its sole discretion, release obligors, guarantors or delai)1'., middy I 'rflv.. v ll +,a ivh'.ir.re raaiautaaati-n1a or exyrri'.e• any light or rrnmr'aiy+. Gum for shill, haw no trill of subtotal) inn, rr rmintat•r•raaeirtt, Ccint!dilation or indemnity with Lessee or any guarantor kr r any Obligation. EACH GUARANTOR WAIVES ALL DEFENSES TO THIS GUARANTY. This Guaranty shall be governed by the laws of the State of Illinois, without regard to the conflict of laws principles thereof, Each Guarantor consents to the jurisdiction of the stale courts located in Effinghump County in the State of Illinois or the federal courts located in the Southern District of Illinois for resolving disputes arising hereunder and waives any objection it may now or hereafter have to the laying of jurisdiction and venue in ;coda Courts. EACH GUARANTOR IRREVOCABLY WAIVES TRIAL BY JURY IN ANY LEGA1. PROCEEDING ARISING OUT OF OR RELATING TO THIS GUARANTY OR ANY OBLIGATION. The terms in 121b) anti (c) of the tease as relating to notices, electronic documents, further assurances and the USA Patriot Act shall apply to tins Guaranty and Guarantor. Guarantor shall be liable for all costs incurred by Lessor in eafurcii ig this Guaranty and this Grawaanty is binding upon each Guarantor, its heirs and repi'eserrtatives, in favor of Lessor, its assignees and affiliates. GUARANTOR Name: Matthew Chace Pr Wit Name: Matthew Choice At dhnariSeri Sittiaata¶e: X State of Colorado ` - €� y v. PERSONAL PROPERTY e•';, ' DECLARATION SCHEDULE (CONFIDENTIAL DATA) RETURN TO COUNTY ASSESSOR Weld County 19 DPT -AS Form DS 056 61-19 B.A. CODE T.A. CODE SCHEDULE/ACCT. NO. A. NAME AND MAILING ADDRESS (INDICATE ANY CHANGES OR CORRECTIONS) Midland States Bank, DBA.: Midland States Bank PO Box 2149 Gig Harbor, WA 98335 uare Foota DO NOT USE - FOR ASSESSOR ONLY RECEIVED COMPLETED LATE FILING PENALTY APPLIED ■ YES ■ NO Assessment Date Due Date January 1, 2019 April 15, 2019 ESS NAME AND PHYSICAL LOCATION OF THE RSONAL PROPERTY AS OF JANUARY 1, 2019 Midland States Bank, DBA: Midland States Bank See Attached e the Business Occupies Product or Service Provided C. BUSINESS STATUS: (Please check the appropriate boxes ONLY). O NOT CURRENT BUSINESS OWNER. If you are not the current business owner, check here and provide the name and address of the new owner: B ❑ O Date Sold: NEW BUSINESS/ORGANIZATION. You must give a complete itemized listing of all personal property. Use the first part of Section D and attach separate sheet(s) if needed. The assessor may select your business for an audit whether or not you file a declaration schedule. EXISTING BUSINESS/ORGANIZATION. Indicate any additions and/or deletions to your listing in Section D. NEW OWNER OF PREVIOUSLY EXISTING BUSINESS/ORGANIZATION. You must give a complete itemized listing of all personal property acquired in a business purchase. Include additions made prior to Jan. 1 since that purchase. AS OF JANUARY I, DID YOUR BUSINESS CEASE OPERATIONS? Yes ❑ No If yes, please complete below: ■ Personal Property Sold ■ Personal Property Stored ■ Date Sold / Stored If sold, Selling Price of Furnishings, Assets, and Equipment Only: $ If sold, Name and Contact Information of New Owner of the Personal Property: Phone Number NOTE: If sold to more than one new owner, please attach a listing of the new owners. El PROPERTY CHANGED LOCATION TO ON (DATE) D. ITEMIZED LISTING OF PERSONAL PROPERTY: FOR THE MOST ACCURATE ASSESSMENT, IT IS RECOMMENDED THAT YOU ATTACH A COMPLETE ITEMIZED ASSET LISTING WITH EACH BUSINESS PERSONAL PROPERTY DECLARATION FILING. CHECK HERE IF THERE ARE NO CHANGES FROM LAST YEARS DECLARATION SCHEDULE INFORMATION. IF SO, GO DIRECTLY TO SECTION H. COMPLETE THE FORM, SIGN IT, AND RETURN FORM TO THE ASSESSOR. NOTE: DO NOT CHECK THIS BOX IF THIS IS A NEW BUSINESS OR ORGANIZATION, If NO ADDITIONS, check here; otherwise, list all personal property acquired prior to January 1. Attach additional sheets if necessary. NOTE: Include ALL Expensed Assets with a Life of Greater Than 1 Year, Fully Depreciated Assets Still in Use, and Stored Assets that are Subject to IRS Depreciation. Do not report licensed vehicles in this section. Item ID Number Quantity Complete Description Including l Iodel or Capacity Year Acquired Check New or Used for Each Item: Your Original Installed Cost Month & Year First Placed into Service New $ /each ❑ ❑ Used New Used $ /each ❑ O New Used $ leach O ❑ New Used $ /each ❑ ❑ New /each ■ Oused:$ Eir If NO DELETIONS, check here; otherwise, list all personal property sold, traded, or discarded prior to January I. Attach separate sheet(s) if needed. Item ID Number Quantity Complete Description Including Model or Capacity Year Acquired Check New or Used for Each Item: Your Original Installed Cost New O Used $ /each O New $ /each ❑ O Used SEE PAGE TWO Midland States Bank -Weld County Assessor E. MOBILE EQUIPMENT (Not Leased, Loaned, or Rented) Check here and complete this section if there is any mobile equipment at this location. Item ID Number Description / Model or Capacity Licensed / 1 -Tabbed? Year Acquired Check New or Used for Each Item: Your Installed Cost Year in Use None ❑ I Ne r -d $ NI ' .A I - '•5 Llsed LJ F. GENERAL LEDGER (original installed costs only) -� DO NO S Sc Do not lis ' He equipment plates, rental decals, or Z -tabs. YEAR BALANCES with SMM license Furniture Machinery & Equipment Capitalized Mobile Equipment Electronic Office Equipment Computers Signs Other BALANCE JAN. 1, 2018 -BALANCE 0 0 0 0 0 0 0 JAI. 1, 2019 0 0 0 0 f 0 0 0 G. FULLY DEPRECIATED ASSETS / EXPENSED ITEMS: Attach a separate sheet including the appropriate Federal Forms denoting all fully depreciated assets and expensed items. If you have none, write "None." Description Year Acquired Cost - I Description Year Acquired Cost 1. $ 4. 2. $ _ 5 $ 3. II. LEASED, LOANED, OR RENTED PROPERTY Declare Property Owned by Others. Did you have any leased, loaned, or rented machinery, equipment, furniture, signs, vending machines, etc., at this location on January 1? ❑ Yes No If you checked capitalized attach a complete yes, list the items below, showing owner's name, address, and telephone number; property on your books and records, please check the box at the beginning of the line corresponding with listing of all leased personal property. If you checked no, go to Section 1 to complete this description; the name of form. etc. If any of the leased equipment listed is the Lessor. If additional room is needed, Owner/Lessor's i� Name, Address, Tele. No. Description Including Model/ Serial No. or Capacity New or Used? Total Cost of Lease Original Installed rs# Lease Number Term (From - To) Annual $ Rent I 11.1. Personal - Property None $ $ - . O New Used $ $ $ ❑ New ❑ Used $ $ ❑ New El H.2. Mobile Equipment Licensed eft None $ $ ❑ New ❑ Used k - — — $ $ • ❑ New a Used If included purchase or maintenance options tions are in the total annual $ rent shown above, check here and furnish details. I. IS THERE ANY RENEWABLE ENERGY PROPERTY (e.g., solar panels, wind turbines, hydroelectric property) AT THIS LOCATION? • •Yes ■ •No, IF YES, THE PROPERTY IS: ❑ Owned ■ Leased, IF OWNED, COMPLETE THE DS 058 FORM. J DECLARATION THIS RETURN IS SUBJECT TO AUDIT "l declare, under penalty of perjury in the second degree, that this schedule, together with any accompanying exhibits or statements, has been examined by me and to the hest of my knowledge, information, and belief sets forth a full and complete list of all taxable personal property owned by me, or in my possession, or under my control, located in this county, Colorado, on the assessment date of this year; that such property has been reasonably described and its value fairly represented; and that no attempt has been made to mislead the assessor as to its age, quality, quantity, or value." § 39-5-107(2), C.R.S. PROPERTY OWNER'S FEDERAL EMPLOYER IDENTIFICATION NUMBER (FEIN)/SOCIAL SECURITY NUMBER (SSN) 37-0259550 NAME OF OWNER Midland States Bank PRINT NAME OF PERSON SIGNING CJ Nguyen PHONE NUMBER 253-358-4035 E-MAIL ADDRESS pptdept@orionfirst.com FAX NUMBER SIGNATURE OF OWNER OR AGENT ‘474/ U DATE 05/17/2019 Check here if new agent. If new agent, submit a letter of authorization when filing this form. PLEASE COMPLETE, SIGN AND RETURN TO THE ASSESSOR ON OR BEFORE APRIL 15. 2919. Midland States Bank -Weld Counly Assessor MAKE A COPY FOR YOUR RECORDS. 05/17/2019 07:44:1 9P1V1 Lease # Active Property List Lessee Name Site Address I Site City Totals: State Class Description Acquisition Date Lease End Date Grand Totals: Midland States Bank Page 1 Reported Cost Assessed Value CNguyen 05/17/2019 07:44:19PM Weld County Assessor Lease # Lessee Name Site Address l Disposed Property List Declaration of Property Leased to Others Description Site City Tax Obligation of Taxpayer .0 Personal Property 40246810 402468 10 40273483 Totals: AL'S GRANITE FOR LESS, INC. 687 GYRFALCON COURT UNIT D Acquisition Date Owner Class Disposal Date ONE ( I) NEW PRISTINE HSI HYDRO, 06/30/2018 Windsor M100 AL'S GRANITE FOR LESS, INC, 687 GYRFALCON COURT UNIT D ONE ( I ) NEW NORTHWOOD 138 UPC 06/30/2018 Windsor M100 ORIGIN ENGINEERING LLC 671 TECHNOLOGY CIRCLE 1 New Maxim Model 1530 Waterjet Eqt 10/15/2018 Windsor M100 00 Grand Totals: 0* 1-11)( SoFTh)AJ2E ERRoR 12/31/2018 Page 1 Reported Cost 12/31/2018 12/31/2018 25,128.82 # of assets: # of assets: 3 3 271,551.49 124,038.90 420,719.21 420,719.21 - IMbLN D 511caup 1.1AYE Not CEA1EJ) a12MAILED 791S bEcLMA lioN Midland States Bank CNguyen 111111,11 I III •_..4' "NG•.•__ • k �.��.a ra,�� .� s1••• r'Y olio% '•f/J•.7 ••• •Ohs" it 19 'Use RP wa', • �J`B•n11R••• .•'I's•en H• • • Ii r."•i in Y amino s r owe •- •• • Aes •do•dot • • • ii ► t L. ND EQUIPMENT FINANCE PO BOX 2149 06 • HARBOR, WA 98335 4rhl��lu��p��r��hlllwllll�p��p�hddhu�r��u� WELD COUNTY BOARD OF EQUALIZATION 1150 O STREET GREELEY CO 80631-9596 iii $0.80Q US POSTAGE FIRST-CLASS FROM 98335 JUL 18 2019 S enIda RECEIVED nfl,4 J P WELD COUNTY COMMISSIONERS 9LC6PLOOOOS 90 July 30, 2019 Petitioner: MIDLAND EQUIPMENT FINANCE PO BOX 2149 GIG HARBOR, WA 98335-4149 CLERK TO THE BOARD PHONE (970) 400-4226 FAX (970) 336-7233 WEBSITE: www.weldgov.com 1150 O STREET P.O. BOX 758 GREELEY CO 80632 Agent (if applicable): RE: THE BOARD OF EQUALIZATION 2019, WELD COUNTY, COLORADO NOTIFICATION OF HEARING SCHEDULED Docket 2019-3431, AS0103 Appeal 2008225151 Hearing 8/5/2019 10:30 AM Account(s) Appealed: P9105233 Dear Petitioner(s): The Weld County Board of Equalization has set a date of August 5, 2019, at or about the hour of 10:30 AM, to hold a hearing on your valuation for assessment. This hearing will be held at the Weld County Administration Building, Assembly Room, 1150 O Street, Greeley, Colorado. You have a right to attend this hearing and present evidence in support of your petition. The Weld County Assessor or his designee will be present. The Board will make its decision on the basis of the record made at the aforementioned hearing, as well as your petition, so it would be in your interest to have a representative present. If you plan to be represented by an agent or an attorney at your hearing, prior to the hearing you shall provide, in writing to the Clerk to the Board's Office, an authorization for the agent or attorney to represent you. If you do not choose to attend this hearing, a decision will still be made by the Board by the close of business on August 5, 2019, and mailed to you within five (5) business days. Because of the volume of cases before the Board of Equalization, most cases shall be limited to 10 minutes. Also due to volume, cases cannot be rescheduled. It is imperative that you provide evidence to support your position. This may include evidence that similar homes in your area are valued less than yours or you are being assessed on improvements you do not have. Please note: The fact that your valuation has increased cannot be your sole basis of appeal. Without documented evidence as indicated above, the Board will have no choice but to deny your appeal. If you wish to discuss your value with the Assessor's Office, please call them at (970) 400-3650. If you wish to obtain the data supporting the Assessor's valuation of your property, please submit a written request to assessor@weldgov.com. Upon receipt ofyour written request, the Assessor will notify you of the estimated cost of providing such information. Payment must be made prior to the Assessor providing such information, at which time the Assessor will make the data available within three (3) working days, subject to any confidentiality requirements. Please advise me if you decide not to keep your appointment as scheduled. If you need any additional information, please call me at your convenience. Very truly yours, BOARD OF EQUALIZATION Esther E. Gesick Clerk to the Board Weld County Board of Commissioners and Board of Equalization cc: Brenda Dones, Assessor Hello