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HomeMy WebLinkAbout20194419.tiff Unified 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.: 16869UTG SETTLEMENT DATE: April 11,2019 DATE OF PRORATION: April 11,2019 PROPERTY ADDRESS: 1250 H Street Greeley,CO 80631 SELLER: EWE Warehouse Investments XL Ltd., PURCHASER: County of Weld,a body corporate and politic a Florida limited partnership of the State of Colorado LEGAL DESCRIPTION: Lot 4,Weld County Business Park Tract C Minor,County of Weld,State of Colorado. DESCRIPTION DEBIT CREDIT Deposit $200,000.00 County Property Taxes 1/1/2019 thru 4/10/2019 $20,401.92 Sale Price of Property $4,700,000.00 Title-Owner's Title Insurance($4,573.00)to Unified Title Co. of Northern Colorado (Greeley) $4,573.00 Title-Delete Exceptl-5(Comm-O)End to Unified Title Co. of Northern Colorado (Greeley) $240.00 Closing fee to Unified Title Co. of Northern Colorado(Greeley) $150.00 E recording processing feer to eTRCO, LLC $30.00 Title-Tax Certificate to Unified Title Co. of Northern Colorado(Greeley) $25.00 Recording Fee(Deed)to Weld County Clerk And Recorder $23.00 Transfer Tax to Weld County Clerk And Recorder Sub-totals $4,705,041.00 $220,401.92 Due From Purchaser $4,484,639.08 TOTALS $4,705,041.00 $4,705,041.00 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 Escrow Holder is hereby authorized to disburse as Trustee funds as indicated. Purchaser Wheeler Management Group County of Weld, a body corporate and politic of the State of Colorado Broker/Agent by: %�•—�— Ron Randel Mike Freeman,County Commissioner / � Closing Agent / / ni ied Title Company of Northern Colorado,LLC rv1t'ntjr)i eat�ons c� Ccic E36) 2019-4419 to1O7 I to 1O3 WI PRoo3C0 STATEMENT OF AUTHORITY I. This Statement of Authority relates to an entity named EWE Warehouse Investments XL LLC and is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. 2. The type of entity is a: Corporation J ] Registered Limited Liability Partnership Nonprofit Corporation J I Registered Limited Liability Limited Partnership X Limited Liability Company I J Limited Partnership Association General Partnership J ] Government or Governmental Subdivision or Agency Limited Partnership J I Trust(Section 38-30-108.5, C.R.S.) 3. The entity is formed under the laws of the State of Florida 4. The mailing address for the entity is c/o Easton Group, 10165 NW 19'''Street, Miami, Florida 33172 5. The I X J name and J X ] position of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is: Edward W. Easton,as manager Edward J. Easton,as manager 6. The authority of the foregoing person(s)to bind the entity is IX] not limited ] J limited as follows: n/a 7. Other matters concerning the manner in which the entity deals with interests in real property: None [SIGNATURE AND ACKNOWLEDGEMENT CONTINUED ON THE NEXT PAGE] Statement of Authority Executed this day of April,2019 EWE WAREHOUSE INVESTMENTS XL LLC,a Florida limited liability co any By: Name: Edward J. Easton Title: Manager STATE OF FLORIDA }ss: COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this day of Ap ` 119, by Ed .rd J. Easton, as Manager of EWE Warehouse Investments XL LLC,a Florida limited liab' �. pany, . .e •0 the company. �o : ublic / -- Witness my hand and official seal. My Commission expires: //1-?q-2/ [SEAL] LENETTE TRIVETT o Big% e„. �f. Notary Public-State of Florida •+ •- Commission k GG 131169 ^,F* oc, My Comm.Expires Nov 29,2021 •"of F;-„ Bonded through National Notary Assn. Signature Page to Statement of Authority—EWE Warehouse Investments XL LLC STATEMENT OF AUTHORITY 1. This Statement of Authority relates to an entity named EWE Warehouse Investments XL Ltd and is executed on behalf of the entity pursuant to the provisions of Section 38-30-172, C.R.S. 2. The type of entity is a: ] Corporation ] Registered Limited Liability Partnership ]Nonprofit Corporation ] Registered Limited Liability Limited Partnership ] Limited Liability Company I ] Limited Partnership Association ] General Partnership ] ] Government or Governmental Subdivision or Agency X] Limited Partnership I I Trust(Section 38-30-108.5, C.R.S.) ] 3. The entity is formed under the laws of the State of Florida 4. The mailing address for the entity is c/o Easton Group, 10165 NW 19`}'Street, Miami, Florida 33172 5. The ] X ] name and [ X I position of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is: Edward W. Easton, as manager of EWE Warehouse Investments XL LLC, its general partner Edward J. Easton, as manager of EWE Warehouse Investments XL LLC, its general partner 6. The authority of the foregoing person (s)to bind the entity is IX] not limited I I limited as follows: n/a 7. Other matters concerning the manner in which the entity deals with interests in real property: None [SIGNATURE AND ACKNOWLEDGEMENT CONTINUED ON THE NEXT PAGE] Statement of Authority Executed this S day of April,2019 EWE WAREHOUSE INVESTMENTS XL LTD,a Florida limited partnership By: EWE Warehouse Investmei XL LLC, its General Partner By: Name: Edward J. Easton Title:Manager STATE OF FLORIDA }ss: COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this Jam• day of April, 2019 by Edward J. Easton, as Manager of EWE Warehouse Investments XL LLC, a Florida limited liability c•mpan , as General Partner of EWE Warehouse XL Ltd,a Florida limited partnership,on behalf of the partnership` ' om..ny. .lc Witness my hand and official seal. My Commission expires: //' [SEAL] .0,••keel. LENETTE TRIVE TT =, Notary Public-State of Florida .�. • ..:S Commission#GG 131169 4 "+j Po` MyComm.Expires Nov 29,y2021 ' •'•�UF F1.V•.• �ondrdthroughNationalNotaryAssn. Signature Page to Statement of Authority 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: 04/11/2019 File No.: 16869UTG Property: 1250 H Street,Greeley,CO 80631 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: (2018)Total assessed value:8991 10.00 (2018)Mill Levy 82.823 (2018)Total Estimated Taxes:$74,467.00 ()Other SUCH PRORATION SMALL 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(s) and Buyer(s) of the property filly 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:Final Bill collected and paid thru closing ()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. III. 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,die 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 HOA 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: April 11,2019 E%'E Warehouse Investme s XL Ltd,a Florida limited County of Weld,a body corporate and politic of the State partnership of Colorado by: .� by: Mike Freeman, ounty Commissioner Edward J.Easton as Manager of EWE Warehouse Investments XL LLC,its General Partner Seller(s)Forwarding Address: Buyer(s)Forwarding Address: (0160/V kIL1 tq 5 re-e\- Oc. k) 1--" 17 `2_ - Certificate Of Taxes Due Account Number 86777530 — Certificate Number 177821 Parcel 080.331 1 I 1004 Order Number Assessed.1.o Vendor ID 91 EWE WAREHOUSE INVESTMENTS XL LTD C/O EASTON&ASSOCIATES 275 58TH'D TITLE AVENUE,UNIT 10165 NW 19TH S"I. 1275 CO806 C MIAMI,FL 33172.252q GREELEY,CO 80634 Legal Description L4 WELD COUNTY BUSINESS PARK TRACT C MINOR Situs Address 1250 H ST GREELEY Year Tax Tax Charge Interest Fees Payments Balance 2018 $74,467.00 $0.00 $0.00 ($369.36)Total Tax Charge $74,097.64 Grand Total Due as of 01/16/2019 $74,097.64 $74,097.64 Tax Billed at 2018 Rates for Tax Area 0609-0609 Authority Mill Lev y Amount Values Actual Assessed WELD C(.)l-1N"fY 15.0380000* $13,520.83 OFFICES-LAND $1,045,048 $303,060 SCI IDOL DIS'I 8(i 49,9540000 $41,317.70 OFFICES- $2,055,358 $596,050 NORTHERN COLORADO WATER(NC 1.0000000 $899.11IMPROVEMENTS GREELEY CITY 11.2740000 AIMS JUNIOR COLLEGE $10,136.57 Total $3,100,406 $899,110 6.3050000 $5,668.88 !UGH PLAINS LIBRARY 3.2520000 $2,923.91 Taxes Billed 201$' 82.8230000 *Credit Levy $74,467.00 WARNING-THIS TAX CERTIFICATE DOES NOT WARRANT ANY TAXES OWED ON UNDERLYING ACCOUNTS,INCLUDING PARENT OR SIBLING ACCOUNTS. ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIER'S CHECK. POSTMARKS ARE NOT ACCEPTED ON TAX LIEN SALE REDEMPTION PAYMENTS.PAYMENTS MUST BE IN OUR OFFICE AND PROCESSED BY THE LAST BUSINESS DAY OF THE MONTH. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISIONERS, THE COUNTY CLERK,OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate account number,personal property taxes,transfer tax or misc.tax collected on behalf of other entities,special or local improvement district assessments or mobile homes,unless specifically mentioned. I,the undersigned,do hereby certify that the entire amount of taxes due upon the above described parcel of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein..In witness whereof,I have hereunto set my hand and seal. TREASURER,WELD COUNTY,John R.Lefebvre,Jr. 1400 N. 17th Avenue y Greeley,CO 80631 (970)353-3845 Ext.3290 Jan 16, 2019 8:20:15 AM Page 1 of 1 City of Colorado reeley Great.From the Ground Up. Utility Billing Department Title Co.: Unified Title utility.billing@greeleygov.com Contact Name: Cheri Kern Phone: (970) 350-9260 Email: TeamKern@unifiedtitle.com. Fax: (970) 350-9736 Phone: 970-475-0788 Service Address: 1250 H Street Greeley,CO 80631 TRANSFER OF OWNERSHIP ***Completed Document Must Be Emailed or Faxed Immediately After Closing*** Seller Information Name(s): EWE Warehouse Investments XL Ltd., a Florida limited partnership Address: ) ( pj (,L) ,G' S}- Phone: UC(Z_A. FL 3:2, i Z Signature(s): Buyer Information Name(s): County of Weld, a body corporate and politic of the State of Colorado Mailing Address: /1 U Q S.)- Phone: Live Driver's License/I.D.Number(s): / Signature(s):* As a representative of the Title Company listed above, I certify that the driver's license/I.D. number(s) and identities of the buyers have been verified by our office. We understand that services will not be transferred to buyer until this completed document is received by the City of Greeley, Signature: // 2,._ /�( L', Title: Escrow Officer Printed Name: Cheri Kern Date: — 1 1 —) Finance-Financial Services • 1000 10th Street, Greeley, CO 80631 • (970) 350-9731 We promise to preserve and improve the quality of life for Greeley through timely, courteous and cost-effective service. The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.(CL8-9-12)(Mandatory 1-13) THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. CLOSING INSTRUCTIONS DATE:April 11,2019 1. PARTIES, PROPERTY. EWE Warehouse Investments XL Ltd., a Florida limited partnership, Seller, and County of Weld, a body corporate and politic of the State of Colorado, 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.: 1250 Fl Street,Greeley,CO 80631 And more fully described in the Contract to Buy and Sell Real Estate datedJanuary 8,2019,including any counterproposals and amendments(Contract). All terms of the Contract are incorporated herein by reference. In the event of any conflict between this Agreement and the Contract,this Agreement shall control,subject to subsequent amendments to the Contract or this Agreement. 2. TITLE COMMITMENT,EXCEPTIONS AND POLICY. Closing Company (X)Agrees 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 to furnish copies of Exceptions, 3. INFORMATION,PREPARATION,CLOSING,RECORDING.Closing Company is authorized to obtain any information necessary for the Closing. Closing Company agrees to prepare(excluding legal documents),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. CLOSING FEE. Closing Company will receive a fee of5210.00 for providing closing and settlement services (Closing Fee). 5. 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§§9,10 and 11. 6. DISBURSER.Closing Company shall disburse all funds,including real estate commissions,except those funds as may be separately disclosed in writing to Buyer and Seller by Closing Company or Buyer's lender on or before closing. All parties agree that no one other than the disburser can assure that payoff of loans and other disbursements will actually be made. 7. SELLER'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 8. CLOSING STATEMENT. Closing Company will prepare and deliver an accurate, complete and detailed closing statement to Buyer and Seller at time of Closing. 9. 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. 10. RETURN OF EARNEST MONEY. Except as otherwise provided in § 11,Earnest Money Dispute, if the Earnest Money has not already been retumed following receipt of a Notice to Terminate or other written notice of termination, Earnest Money Holder shall release the Earnest Money as directed by the written mutual instructions. Such release of Earnest Money shall be made within five days of Eamest Money Holder's receipt of the written mutual instructions signed by both Buyer and Seller,provided the Earnest Money check has cleared. 11. EARNEST MONEY DISPUTE. In the event of any controversy regarding the Earnest Money(notwithstanding any termination of the Contract),Earnest Money Holder shall not be required to take any action. Earnest Money Holder,at its option and sole discretion, has several options: (1)await any proceeding, (2)interplead all parties and deposit Earnest Money into a court of competent jurisdiction and shall recover court costs and reasonable attorney and legal fees, or(3) provide notice to Buyer and Seller that unless Earnest Money Holder receives a copy of the Summons and Complaint or Claim(between Buyer and Seller)containing the case number of the lawsuit(Lawsuit)within one hundred twenty days of Earnest Money Holder's notice to the parties, Earnest Money Holder shall be authorized to return the Earnest Money to Buyer. In the event Earnest Money Holder does receive a copy of the Lawsuit,and has not interpled the monies at the time of any Order,Earnest Money Holder shall disburse the Earnest Money pursuant to the Order of the Court. 12. SUBSEQUENT AMENDMENTS. Any amendments to, or termination of,these Closing Instructions must he in writing and signed by Buyer,Seller and Closing Company. 13. CHANGE IN OWNERSHIP OF WATER WELL.Within sixty days after Closing,Closing Company shall 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 and the Division shall be responsible for obtaining the necessary well registration information directly from Buyer. Closing Company shall not be liable for delaying Closing to ensure Buyer completes any required form. 14. WITHHOLDING. The Internal Revenue Service and the Colorado Department of Revenue may require Closing Company to withhold a substantial portion of the proceeds of this sale when Seller is either of the following:(a)a foreign person,or(b)will not be a Colorado resident after Closing. Seller should inquire of Seller's tax advisor to determine if withholding applies or if an exemption exists. 15. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate Commission.):NONE 16. COUNTERPARTS. This document may be executed by each party,separately,and when each party has executed a copy,such copies taken together shall be deemed to be a full and complete contract between the parties. 17. BROKER'S COPIES. Closing Company shall provide, to each broker in this transaction, copies of all signed documents that such brokers are required to maintain pursuant to the rules of the Colorado Real Estate Commission. CL8-9-12 CLOSING INSTRUCTIONS Page I of 2 18.NOTICE,DELIVERY,CHOICE OF LAW. 18.1 Physical Delivery. Except as provided in§ 18.2,all notices must be in writing.Any notice or document to Buyer is effective when physically received by Buyer,any individual buyer,any representative of Buyer,or Brokerage Firm of Broker working with Buyer. Any notice or document to Seller shall be effective when physically received by Seller, any individual seller,any representative of Seller,or Brokerage Firm of Broker working with the Seller. Any notice or document to Closing Company shall be effective when physically received by Closing Company,any individual of Closing Company,or any representative of Closing Company. 18.2 Electronic Delivery. As an alternative to physical delivery,any signed documents and written notice may be delivered in electronic form by the following indicated methods only: . Documents with original signatures shall be provided upon request of any party. 18.3 Choice of Law. This contract and all disputes arising hereunder shall be 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 this state for property located in Colorado. Date:04/11/2019 Buyer's Name: Buyer's Name: County of Weld,a body corporate and politic of the State of Colorado by: O Mike Freeman,County Commissioner Address: Address: L Phone: Phone: Fax: Email Address: Fax: Date:04/11/2019 Seller's Name: EWE Warehouse Investments XL L Florida limited Seller's Name: partnership by: Edward J.Easton as Manager of EWE Warehouse Investments XL LLC,its General Partner Address: c/o Easton&Associates, Address: 10165 NW 19th Street Miami,FL 33172 Phone: Fax: Phone: Email Address: EJEasto (a�TheEastonGroup com•l Fax: n trivett@theeastongroup.com; t.hoffman747(r�icloud corn• Closin mpany's Name:Unified Title Company of Northern Colorado,LLC ut orized Signature,Title Date:04/11/2019 Address: 1275 58th Avenue,Unit C,Greeley,CO 80634 Phone No.: 970-356-3551 Fax No.:970-356-2063 Email Address Team Kern edtit1e com (�unifi (TO BE COMPLETED ONLY BY BROKER AND CLOSING COMPANY) CBRE.Inc.(Broker)(X)Working with Seller ( )Working with Buyer engages Closing Company as Broker's scrivener to complete,for a fee not to exceed 55.00 at the sole expense of Broker,the following legal documents:(X)Deed (X)Bill of Sale ( )Colorado Real Estate Commission approved Promissory Note ( )Colorado Real Estate Commission approved Deed of Trust. Closing Company agrees to prepare,on behalf of Broker,the indicated legal documents pursuant to the terms and conditions of the Contract.The documents stated above shall be subject to Broker's review and approval and Broker acknowledges that Broker is responsible for the accuracy of the above documents. Listing Brokerage Firm's Name: CBRE,Inc. Broker's Name: Peter/Sharon Kell /Barrett Broker's Signature Date:04/11/2019 Closin Company's Name:Unified Title Comnanv of Northern Colorado LLC • her Kern,Escrow Officer Date:04/11/2019 Unified Title Company of Northern Colorado,LLC Compliance Agreement Purchaser: County of Weld,a body corporate and politic of the State of Colorado Seller: EWE Warehouse Investments XL Ltd,a Florida limited partnership File No: 16869UTG Property Address: 1250 H Street,Greeley CO 80631 Legal: Lot 4,Weld County Business Park Tract C Minor Subdivision,City of Greeley,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 11th day of April,2019 Buyers:Contact Phone#: Sellers:Contact Phone#: , 3 Email Address: Email Address: C 'EC-C-5k 1�1 � ��E C 3 "C)f1 �% UP• �/ ✓ c dry' County of Weld,a body corporate and politic of the State of EWE Warehouse Investment L Ltd,a Florida limited Colorado partnership by: Mike Freeman,County Commissioner by: Edward J.Easton as Manager of EWE Warehouse Investments XL LLC,its General Partner State of Colorado County of Weld >s.oc>�e�<•�: — er tia l P kN PL 1t The foregoing instrument was subscribed and sworn to before me this April 1,2019,by County of WQId,a body co orattehhd ' I l, politic of the State of Colorado. \O A:iY PUBLIC My Commission expires: Witness my hand d offici sal. ST; I L (;i- COLORADO I r,P!QTF;,i 1't�!L) 1�,5%iC1132 u� cyr` t (y/ 'co /iJ.;iCPI L,, IC1LJ;iUGUST25,2019 7 1 Notary Public 4r�-e,.m:a-wY:�ar-..��ra^a-��`�s•�>W".+' State of G4radtr ih\O1r t`iD6 cXe. County of The foregoing instrument was subscribed and sworn to before me this April 11,2019,by EWE Warehouse Investments XL Ltd.,a Florida limited partnership. _ My Commission expires: Witness my hand,ed et1 cial.eal. /J -2�1—z j i r"tom........ .. LENETTETRIVETT NotaryPublic-StateofFlorida . + ; Commission ti GG 131169 d \V.A.:060,�v3' My Comm.Expires Nov 29,2021 d ".. F....".. Bonded through National Notary Assn. AA RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Cheri Kern Unified Title Company 1275 58"Avenue, Unit C Greeley, Colorado 80634 SPACE ABOVE THIS LINE FOR RECORDER'S USE WARRANTY DEED THIS DEED, Made this 5 day of April, 2019 between EWE Warehouse Investments XL Ltd, a Florida limited partnership, grantor, for and in consideration of the sum of Four Million Seven Hundred Thousand and No/100 Dollars ($4,700,000.00), in hand paid, hereby sell(s) and convey(s) to County of Weld, a body corporate and politic of the State of Colorado, grantee, the following described real property located in County of Weld, and State of Colorado, to wit: Lot 4, Weld County Business Park Tract C Minor Subdivision, City of Greeley, County of Weld, State of Colorado. Also known by street and number as: 1250 H Street, Greeley, CO 80631 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, 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, 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, its successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor, but not otherwise, subject, however, to those matters arising pursuant to those items set forth on Exhibit A, attached hereto and incorporated herein by this reference. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. [Signature and acknowledgment on the next page] GRANTOR: EWE WAREHOUSE INVESTMENTS XL LTD, a Florida limited partnership By: EWE WAREHOUSE INVESTMENTS XL LLC, a Florida limited liabilit any, its General Partner By: Name: Edward J. Easton Title: Manager Acknowledgment STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 5 day of April, 2019, by Edward J. Easton as manager of EWE Warehouse Investments XL LLC, a Florida limited liability company, the general partner of EWE Warehouse Investments XL Ltd, a Flo;da limited partnership, on behalf of the partnership and the company. C. LENETTETRIVETT a.M•�? Notary Public-State of Florida • Commission#GG 131169 (Seal) jS toy My Comm.ExplresNov19,2021 Sign re of ota. Public •.y OF tO,. Bonded through Nation.Notary Assn. Py nt, Type/Stamp Name of Notary Personally known: OR Produced Identification: Type of Identification Produced: Signature Page to Warranty Deed EXHIBIT 'A' 1. Taxes for the year 2019 and subsequent years, a lien not yet due and payable. 2. Notes, easements, rights of way and all other matters as shown on the plat of Weld County Business Park P.U.D. recorded October 12, 1988 at Reception No. 2158271. 3. Easement(s) and rights of way including its terms and conditions for telecommunications facilities and incidental purposes, as granted to U S West Communications, Inc. in instrument recorded April 22, 1991 at Reception No. 2247851. 4. All matters as shown on the map of Star Tek P.U.D., recorded December 4, 1997 at Reception No. 2582641. 5. Easement(s) and rights of way including its terms and conditions for a sanitary sewer and incidental purposes, as granted to the City of Greeley in instrument recorded October 11, 2006 at Reception No. 3426396. 6. Notes, easements, rights of way and all other matters as shown on the plat of Weld County Business Park Tract C Minor Subdivision recorded August 14, 2009 at Reception No. 3642638. 7. Easement(s) and rights of way including its terms and conditions for a drainage utility easement and incidental purposes, as granted to the City of Greeley in instrument recorded September 30, 2009 at Reception No. 3651518. 8. All of Grantor's right, title and interest in all oil, petroleum, gas coal, asphalt and all other minerals rights as granted in Mineral Deed recorded January 14, 2016 at Reception No. 4172979, and any interests therein or rights thereunder. 9. Any and all unrecorded leases or tenancies and any and all parties claiming by, through, or under such leases or tenancies. 10. All matters as shown on ALTA/NSPS Land Title Survey completed by Northern Engineering under Project No. 1805-001 and dated January 29, 2019. REAL PROPERTY TRANSFER DECLARATION - (TD-1000) GENERAL INFORMATION PURPOSE: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. Refer to 39-14-102(4), Colorado Revised Statues (C.R.S.). REQUIREMENTS: All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor(seller) or grantee (buyer), Refer to 39-14-102(1)(a), C.R.S. PENALTY FOR NONCOMPLIANCE: Whenever a Real Property Transfer Declaration does not accompany the deed, the clerk and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration be returned within thirty days after the notice is mailed. If the Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice, the assessor may impose a penalty of$25.00 or .025% (.00025) of the sales price, whichever is greater. This penalty may be imposed for any subsequent year that the buyer fails to submit the declaration until the property is sold. Refer to 39-14-102(1)(b), C.R.S. CONFIDENTIALITY: The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer. However, it is only available to the seller if the seller filed the Declaration. Information derived from the Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law. 39-5-121.5, C.R.S. and 39-13-102(5)(c), C.R.S. 1. Address and/or legal description of the real property sold: (Please do not use P.O. box numbers) 1250 H Street, Greeley, CO 80631 Lot 4, Weld County Business Park Tract C Minor, County of Weld, State of Colorado. 2. Type of property purchased: ❑Single Family Residential ❑Townhome ❑Condominium ❑Multi-Unit Res ®Commercial ❑Industrial ❑Agricultural ❑Mixed Use ❑Vacant Land ❑Other 3. Date of closing: April 10,2019 Date of contract if different than date of closing: 4. Total Sales Price: including all real and personal property. $4,700,000.00 5. Was any personal property included in the transaction? Personal property would include, but not limited to, carpeting, drapes, free standing appliances, equipment, inventory, furniture. If the personal property is not listed, the entire purchase price will be assumed to be for the real property as per 39-13-102, C.R.S. ❑Yes ❑No If yes, approximate value $ Describe 6. Did the total sale price include a trade or exchange of additional real or personal property? If yes, give the approximate value of the goods or services as of the date of closing. ❑Yes ❑No If yes, value $ If yes, does this transaction involve a trade under IRS Code Section 1031? ❑Yes ❑No 7. Was 100% interest in the real property purchased? Mark "no" if only a partial interest is being purchased ®Yes ❑No If no, Interest purchased 8. Is this a transaction among related parties? Indicate whether the buyer or seller are related. Related parties include persons within the same family, business affiliates, or affiliated corporations. ❑Yes ®No 9. Check any of the following that apply to the condition of the improvements at the time of purchase. ❑New ['Excellent ❑Good ❑Average Fair ❑Poor []Salvage Real Property Transfer Declaration—(TD-1000) 16869UTG If the property is financed, please complete the following: 10. Total amount financed: $ 11. Type of financing: (Check all that apply) ['New ❑Assumed ❑Seller ❑Third Party ❑Combination; Explain 12. Terms: ❑Variable Starting interest rate ❑Fixed; Interest rate ❑Length of time years El Balloon payment ❑Yes ❑No (If Yes)Amount: Due Date 13. Please explain any special terms, seller concessions, or financing and any other information that would help the assessor understand the terms of sale. For properties other than residential (Residential is defined as: single family detached,townhomes, apartments, and condominiums) please complete the questions 14-16 if applicable. Otherwise, skip to#17 to complete. 14. Did the purchase price include a franchise or license fee? ❑Yes ❑No If yes, franchise or license, fee value? $ 15. Did the purchase price involve an installment land contract? ❑Yes ❑No If yes, date of contract 16. If this was a vacant land sale, was an on-site inspection of the property conducted by the buyer prior to the closing? ❑Yes ❑No Remarks: Please include any additional information concerning the sale you may feel is important. 17. Signed this April 10, 2019 Enter the day, month and year. Have at least one of the parties to the transaction sign the document, and include an address and a daytime phone number. Signature of Grantee (Buyer): County of Weld, a body corporate and politic of the State of Colorado by: Mike Freeman, County Commissioner 18. All future correspondence(tax bills, property valuations, etc)regarding this property should be mailed to: Daytime Phone: BILL OF SALE FOR VALUE RECEIVED, EWE Warehouse Investments XL Ltd, a Florida limited partnership ("Assignor"), does hereby sell, transfer and assign to County of Weld, a body corporate and politic of the State of Colorado ("Assignee"), all of the personal property described on Exhibit A, attached hereto and incorporated herein by this reference ("Personal Property"), located on the real property described on Exhibit B, attached hereto and incorporated herein by this reference ("Real Property"). This Bill of Sale is made without representation, warranty or recourse by Assignor. Assignee accepts the Personal Property in its "AS IS" condition with all faults and subject to the terms, conditions, limitations and agreements set forth in the Contract to Buy and Sell Real Estate Agreement between Assignor and Assignee for the Property. No manager, member, partner, officer, director or shareholder of Assignor, nor any of their respective beneficiaries, agents, employees, heirs, successor or assigns, shall have any personal liability of any kind or nature for or by reason of any matter or thing whatsoever under, in connection with, arising out of or in any way related to this Bill of Sale. Assignee hereby waives for itself and anyone who may claim by, through or under Assignee any and all rights to sue or recover on account of any such alleged personal liability. This Bill of Sale may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. This Bill of Sale may be executed and delivered by a party by facsimile or e-mail transmission, which transmission copy shall be considered an original and shall be binding and enforceable against such party. Dated this S day of April, 2019. ASSIGNOR: EWE WAREHOUSE INVESTMENTS XL LTD, a Florida limited partnership By: EWE Warehouse Investments XL LLC, a Florida limited liability c mpany, its General Partner By: Edward J. Easton, its Manager Signature Page to Bill of Sale ASSIGNEE: County of Weld, a body corporate and politic of the State of Colorado By: ^Y .,t.a-e. Name: Title: __ EXHIBIT A Personal Property NoN� EXHIBIT B Real Property Lot 4, Weld County Business Park Tract C Minor Subdivision, City of Greeley, County of Weld, State of Colorado. Also known by street and number as: 1250 H Street, Greeley, CO 80631 EXHIBIT C Excluded Property n1CNG Hello