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Home My WebLink About20173022.tiffWHEN RECORDED RETURN TO: County of Weld, a body corporate and politic of the State of Colorado 1150 O Street Greeley, CO 80631 File Number: 13833-2927108 WARRANTY DEED First American THIS DEED, Made this Third day of October, 2017, between R.T. Pagano and M.C. Pagano, LLC a limited liability company duly organized and existing under and by virtue of the laws of the State of Colorado, grantor, and County of Weld, a body corporate and politic of the State of Colorado whose legal address is 1150 0 Street, Greeley, CO 80631 of the County of Weld and State of Colorado, grantee: WITNESSETH, That the grantor, for and in consideration of the sum of ONE HUNDRED NINETY THOUSAND AND NO/100 DOLLARS ($190,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs, successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as follows: The East 20 feet of the North 100 feet of Lot 3, Block 76, City of Greeley, County of Weld, State of Colorado. also known by street and number as: 906-908 10th Street, Greeley, CO 80631 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and remainders, rents, issues and profits thereof; and all the estate, right, 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 said grantee, his heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, and except general taxes for the current year and subsequent years, and except easements, covenants, reservations, restrictions, and right of way, if any, of record. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. ainmuniCa€214.0 (e-9-#241-7 cc •2,c,cT-T(SCG) CG1CO.O) ptCTCSc) 10/3/17 Doc Fee: $19.00 -1-3o�a PROO35 IN WITNESS WHEREOF, The grantor has caused its corporate name to be hereunto subscribed by its Manager, and its corporate seal to be hereunto affixed, attested by its Manager, the day and year first above written. R.T. Pagano and M.C. Pagano, LLC, a Colorado limited liability company State of Colorado )ss County of Weld The foregoing instrument was acknowledged to before me this Third day of October, 2017 by Ralph T. Pagano and Mary C. Pagano, the Managers of R.T. Pagano and M.C. Pagano, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: EDWAJRoD DEHERRERA tary Public State of Colorado Notary ID # 20054000675 My Commission Ex•ires 01-08.2021 First American Title insurance Company 200 East 7th Street, Suite 120 •Loveland, CO 80537 Office Phone: (970)278-3100 Office Fax: Buyer's Final Settlement Statement Property Address: 906-908 10th Street , Greeley, CO 80631 Buyer: County of Weld Address: 1150 O Street , Greeley, CO 80631 Seller: R.T. Pagano and M.C. Pagano, LLC Address: File No: 13833-2927108 Officer: Edward De Herrera/ED Settlement Date: 10/03/2017 Disbursement Date: 10/03/2017 Print Date: 10/03/2017, 1:50 PM Charge Description Buyer Charge Buyer Credit Consideration: Total Consideration 190,000.00 Deposits in Escrow: Receipt No. 1383322 on 08/25/2017 by Weld County Colorado 40,000.00 Receipt No. 13833132 on 10/03/2017 by County of Weld 174,922.04 Adjustments: Buyer Paid Owner's Extended Coverage 85.00 Prorations: 2017 Property Taxes 01/01/17 to 10/03/17 @$3,014.18/yr 2,270.96 Title/Escrow Charges to: Property Tax Certificate - Escrow Work Fee to First American Title insurance Company 25.00 Escrow/Closing Fee to First American Title insurance Company 150.00 Record Warranty Deed -First to Weld County Clerk and Recorder 18.00 State Doc Fee to Weld County Clerk and Recorder 19.00 Disbursements Paid: Survey to Thomas Land Surveying, LLC 360.00 Cash ( From) (X To) Buyer 26,536.00 Totals 217,193.00 217,193.00 Buyer(s): County of Weld, a body corporate and politic of the State of Colorado 1/Lv .-u-I,'c /1- Cc' 2.tic/ as 6111-�r First American Title insurance Company EdwardeHeera James-'d�tfin� C_Lje (el l ct� �N YLi SS(C j�c1!cr'i� of Wheeler Mana;; ment Group Page 1 of 1 O U W U a a J Q W E O W 5 J M a nUD U = O 2 d) _ v z Is 0- : O (O CHECK AMOUNT: ETTLEMENT DATE: 10/3/2017 DATE: 10/3/2017 .T. Pagano and M.C. Pagano, LLC w w V) BUYER: County of Weld M O O U) 0 U d a) C) a) a) L W 0)c7 0 M 0)) J Property Address: re C Date 10/3/2017 FILE NO. 13833-2927108 $******26,$36.00 J a O > C 0 W LU I- 0 LL 0. F O O First Amcrkaii File: 13833-2927108 County of Weld First American Title insurance Company 200 East 7th Street, Suite 120, Loveland, CO 80537 Phone - (970)278-3100 Fax - Cyber Fraud Warning to Buyers Cyber-crimes involving email breaches and wire fraud are present in the real estate industry. ** Our Wire Instructions Do Not Change. ** First American Trust, FSB is the bank First American Title insurance Company uses to receive domestic wires*. If you receive wiring instructions to send funds to a bank other than First American Trust, FSB, you should consider it suspect and call our office at an independently verified phone number. Do not inquire with the sender. *Contact your escrow officer if sending funds from outside of the United States. Please see: Protect Your Money from Wire Fraud Schemes When Buying a Home: https://www.youtube.com/watch?v=ek4TwC9owwY issued by the American Land Title Association WHEN RECORDED RETURN TO: Name: Address: R.T. Pagano and M.C. Pagano, LLC, a Colorado limited liability company 150 � S - • STATEMENT OF AUTHORITY 1. This Statement of Authority relates to an entity named R.T. Pagano and M.C. Pagano, 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 limited liability company 3. The mailing address for the entity is: `7 b `i5' �n �1 ( �v- -t 1 ( E-0 (y S q 4. The entity is formed under the laws of the State of Colorado 5. The name of the person(s) or entity(ies) authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity is: Ralph T. Pagano and Mary C. Pagano as Managers 6. The authority of the foregoing person(s) to bind the entity ® is not limited OR ❑ is limited as follows: 7. Other matters concerning the manner in which the entity deals with interests in real property: R.T. Pagano and M.C. Pagano, LLC, a Colorado limited liability company By: By: / Ralph T. Pagano, Manager Mary C. Pagano, Manager By: STATE OF Colorado COUNTY OF Larimer The foregoing instrument was acknowledged before me this 3rd day of October, 2017, by Ralph T. Pagano and Mary C. Pagano as Managers for R.T. Pagano and M.C. Pagano, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: EDWARD DEHERRERA Notary Public State of Colorado Notary ID # 20054000675 My Commission Expires 01-08-2021 Exhibit "A" Legal Description Exhibit A, in its entirety, documents the legal description of the land referenced in the document. The legal description may extend to multiple pages. The land referred to in this document is situated in the State of Colorado, County of Weld, and is described as follows: The East 20 feet of the North 100 feet of Lot 3, Block 76, City of Greeley, County of Weld, State of Colorado. Fit American Buyer: County of Weld Buyer Address: 1150 O Street,Greeley, CO 80631 First American Title insurance Company 200 East 7th Street, Suite 120 Loveland, CO 80537 (970)278-3102 File No. 13833-2927108 SETTLEMENT AGENT'S STATEMENT OF RECEIPT OF SELLER'S CERTIFICATE OF NON -FOREIGN STATUS Property Address: 906-908 10th Street, Greeley, CO 80631 Settlement/Escrow No. 13833-2927108 I, Edward De Herrera, hereby certify to County of Weld (buyer) that: a. I am the Settlement Agent in the above referenced transaction ('Transaction"); b. I am an employee of First American Title insurance Company which is a "Qualified Substitute" under Internal Revenue Code (IRC) Section 1445(f)(6); and c. Pursuant to IRC Section 1445(b)(9), that each of the following seller or sellers, who are all of the sellers in the Transaction, has provided to me a completed copy of the Seller's Certificate of Non - Foreign Status pursuant to IRC Section 1445(b)(2): R.T. Pagano and M.C. Pagano, LLC (Sellers) Executed under penalty of perjury at Loveland, CO on this Third day of October, 2017. (Settlement Agent's Signa ure) Note: Section 1445 of the Internal Revenue Code (IRC) provides that a transferee (buyer) of a U.S. real property interest must withhold tax if the transferor (seller) is a foreign person. Pursuant to IRC Section 1445(b)(2) no withholding is required if the transferor (seller) furnishes to the transferee (buyer) a non -foreign affidavit stating, under penalty of perjury, the transferor's United States taxpayer identification number and that the transferor is not a foreign person. Section 1445(b)(9) was added to the Internal Revenue Code (IRC) on July 30, 2008 in order to provide an alternative procedure for furnishing Non -Foreign Affidavits. The alternative procedure allows a seller to furnish the Non -Foreign Affidavit to a "qualified substitute instead of the buyer so long as the qualified substitute furnishes a statement to the buyer stating, under penalty of perjury, that the qualified substitute is in possession of the Non -Foreign Affidavit. A qualified substitute is defined as the person (including any attorney or title company) responsible for closing the transaction, other than the seller's agent, and the buyer's agent. (See IRC § 1445(f)(6)). First American First American Title insurance Company 200 East 7th Street, Suite 120 Loveland, CO 80537 Phn - (970)278-3100 Fax - LovelandEDocs@firstam.com 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: October 03, 2017 1. PARTIES, PROPERTY. R.T. Pagano and M.C. Pagano, LLC, Seller, and County of Weld, Buyer, engage FIRST AMERICAN TITLE, 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. 906-908 10th Street Street Address Greeley CO City State 80631 Zip and more fully described in the Contract to Buy and Sell Real Estate, dated August 21, 2017, including any counterproposals and amendments (Contract). Ail 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 [] Does Not agree that: upon completion of a satisfactory title search and examination, it will furnish a Title Insurance Commitment; and it will issue a Title Insurance Policy provided that all requirements have been fulfilled. Closing Company [X] Agrees [] Does Not agree to furnish copies of Exceptions. 3. INFORMATION, 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 of $300.00 for providing closing and settlement services (Closing Fee). 5. RELEASE, DISBURSEMENT. Closing Company is not authorized to release any signed documents or things of value prior to receipt and disbursement of Good Funds, except as provided in §§ 9, 10 and 11. 6. DISBURSER. Closing Company shall disburse all funds, including real estate commissions, except those funds as may be separately disclosed in writing to Buyer and Seller by Closing Company or Buyer's lender on or before Closing. All parties agree that no one other than the disburser can assure that payoff of loans and other disbursements will actually be made. 7. SELLER'S NET PROCEEDS. Seller will receive the net proceeds of Closing as indicated: [] Cashier's Check, at Seller's expense {x] Funds Electronically Transferred (wire transfer) to an account specified by Seller, at Seller's expense [] Closing Company's trust account check. 8. CLOSING STATEMENT. Closing Company will prepare and deliver an accurate, complete and detailed closing statement to Buyer and Seller at time of Closing. 9. FAILURE OF CLOSING. If closing or disbursement does not occur on or before Closing Date set forth in the Contract, Closing Company, except as provided herein, is authorized and agrees to return all documents, monies, and things of value to the depositing party, upon which Closing Company will be relieved from any further duty, responsibility or liability in connection with these Closing instructions. In addition, any promissory note, deed of trust or other evidence of indebtedness signed by Buyer will be voided by Closing Company, with the originals returned to Buyer and copy to Buyer's lender. 10. RETURN OF EARNEST MONEY. Except as otherwise provided in § 11, Earnest Money Dispute, if the Earnest440nelf$ es not already been returned 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 Earnest 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 subjective 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 be 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.) 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. 18. NOTICE, DELIVERY AND 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 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: [x] Facsimile [x] E-mail [x] Internet [] No Electronic Delivery. Documents with original signatures shall be provided upon request of any party. Buyer's Signature Address: Phone No.: Fax No.: Electronic Address: 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. -- ' Bu ers Name: T.I + C2,-( as ��+ for �_� Buyer's Name: , Buyer's `Cc,l�c� ,- Y 7; the County of Weld (1.4f /O/6 Date Buyer's Signature Date 1150 O Street Greeley, CO 80631 Address: Phone No.: Fax No.: Electronic Address: Buyer's Name: Buyer's Name: Buyer's Signature Address: Phone No.: Fax No.: Electronic Address: Date Seller's Name: Ralph T. Pagano as Manager Buyer's Signature Address: Phone No.: Fax No.: Electronic Address: Date Seller's Name: Mary C. Pagano as Manager Zvi% 7 i C'. ez4ete, %D/o3 j 27>!'7 Seller's S�nature 7/ Dbte Seller's ignature / ate Address: Phone No.: Fax No.: Electronic Address: Seller's Name: Seller's Signature Address: Phone No.: Fax No.: Electronic Address: Date Address: Phone No.: Fax No.: Electronic Address: Seller's Name: Seller's Signature Address: Phone No.: Fax No.: Electronic Address: Date Closing Company's Name: First American( Title Insurance Company Escrow Officer October 3, 2017 Authorized Signature Title Date Address: 200 East 7th Street, Suite 120, Loveland, CO 80537 Phone No.: Fax No.: Electronic Address: (970)278-3100 (TO BE COMPLETED ONLY BY BROKER AND CLOSING COMPANY) RE/MAX Alliance (Broker) x Working with Seller Working with Buyer engages Closing Company as Broker's scrivener to com [ lete, for a fee not to exceed $5.00 at the sole expense of Broker, the following legal documents: X Deed 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. Brokerage Firm's Name: Broker's Name: RE/MAX Alliance Mary Jo Broc Broker's Signature Closing Company's Name: First AmericTitle insurance Company Dat /6/)//7 Escrow Officer October 3, 2017 Authorized Signature Title Date erican First American Title insurance Company 200 East 7th Street, Suite 120 Loveland, CO 80537 Phn - (970)278-3100 Fax - LovelandEDocs@firstam.com CONTINUATION OF CLOSING INSTRUCTIONS TO: First American Title Insurance Company FILE NO: 13833-2927108 RE: 906-908 10th Street, Greeley, CO 80631 DATE: October 03, 2017 (TO BE COMPLETED ONLY BY BROKER AND CLOSING COMPANY) The undersigned Listing Broker hereby engages the Closing Company as Broker's Scrivener to complete, for a fee not to exceed $5.00 at the sole expense of the Listing Broker, the following legal documents: X Deed XBill of Sale Promissory Note (Colorado Real Estate Commission approved form) 7 Deed of Trust (Colorado Real Estate Commission approved form) The documents stated above shall be subject to Broker's review and approval and Broker acknowledge that Broker is responsible for the accuracy of the above documents. Closing Company shall pay Real Estate Commissions at disbursement as follows: RE/MAX Alliance Wheeler Management Group APPROVED AND ACCEPTED Broker(s): RE/MAX Allianc BY: $5,700.00 $5,700.00 Wheeler Management Group Date Date Closing Company: First American Title Insurance Company Escrow Officer: Edward De Herrera Closing & Settlement Services General Provisions The parties understand and acknowledge: 1. SPECIAL DISCLOSURES: A. DEPOSIT OF FUNDS & DISBURSEMENTS Unless directed in writing to establish a separate, interest -bearing account together with all necessary taxpayer reporting information, all funds shall be deposited in general accounts in a federally insured financial institution including those affiliated with Closing Company ("depositories"). All disbursements shall be made by Closing Company's check or by wire transfer unless otherwise instructed in writing. Colorado good funds law (C.R.S. 38-35-125) mandates that Closing Company may not disburse funds until the funds have been received and are either: Available for immediate withdrawal as a matter of right from the financial institution in which the funds have been deposited; or available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn. B. DISCLOSURE OF POSSIBLE BENEFITS TO CLOSING COMPANY As a result of closing company maintaining its general escrow accounts with the depositories, closing company may receive certain financial benefits such as an array of bank services, accommodations, loans or other business transactions from the depositories ("collateral benefits"). All collateral benefits shall accrue to the sole benefit of closing company and closing company shall have no obligation to account to the parties to this escrow for the value of any such collateral benefits. C. MISCELLANEOUS FEES Closing Company may incur certain additional costs on behalf of the parties for services performed, or fees charged, by third parties. The fees charged by Closing Company for services including, but not limited to, wire transfers, overnight delivery/courier services, recording fees, notary fees, etc. may be calculated in accordance with 24 Code of Federal Regulations Section 3500.8 which allows the use of an average charge for a settlement service of no more than the average amount paid for a settlement service as more fully outlined in the Regulations referred to above. D. METHOD TO DELIVER PAYOFF TO LENDERS/LIEN HOLDERS To minimize the amount of interest due on any existing loan or lien, Closing Company will deliver the payoff funds to the lender/lien holder in an expeditious manner as demanded by the lender/lien holder using (a) personal delivery, (b) wire transfer, or (c) overnight delivery service, unless otherwise directed in writing by the affected party. 2. PRORATIONS & ADJUSTMENTS The term "close of escrow" means the date on which all documents are mutually signed; the deed(s) are executed and delivered; and good funds have been received by the Closing Company. All proration's and/or adjustments shall be made to the close of escrow based on the number of actual days, unless otherwise instructed in writing. 3. INFORMATION FROM AFFILIATED COMPANIES Closing Company may provide the parties' information to and from its affiliates in connection with the offering of products and services from these affiliates. 4. RECORDATION OF DOCUMENTS Closing Company is authorized to record documents delivered through Closing Company which are necessary or proper for the issuance of the requested title insurance policy(ies). Buyer or Seller will provide a completed TD 1000. If Buyer or Seller fails to provide the TD 1000, Closing Company shall close this transaction and be released from any liability in connection with same. Buyer acknowledges that noncompliance may be subject to a penalty of $25 or .025% of the sale price, whichever is greater. Further the 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. 5. PERSONAL PROPERTY TAXES No examination, UCC search, insurance as to personal property and/or the payment of personal property taxes is required unless otherwise instructed in writing. 6. REAL PROPERTY TAXES Real property taxes are prorated based on instructions from the real estate contract utilizing information from the county assessor or county treasurer. Such proration shall be a final settlement unless otherwise agreed to in writing by buyer and seller. If the proration is not a final settlement, adjustments due either party based on the actual new tax bill issued after close of escrow will be made by the parties outside of escrow and Closing Company is released of any liability in connection with such adjustments. Colorado taxes are paid in arrears and can be paid on a semi-annual or annual basis. If paid on a semi-annual basis, the first installment of real property taxes is due the last day of February (delinquent March 15`) and the second installment is due June 15"' (delinquent June 16th). If paid on an annual basis, the payment of real property taxes is due April 30th (delinquent May 1st). Tax bills are sent from the County. If a tax bill is not received from the County at least 30 days prior to the due date, buyer should contact the County Treasurer directly and request one. Closing Company is not responsible for same. 7. PAYOFF DEMANDS: Closing Company will not be responsible or liable for the accuracy or completeness of any payoff demand statement that has been provided to the Closing Company for the purpose of closing this transaction. The Closing Company has acted in good faith in compiling the data and information contained in the various payoff demand statement(s). In the event transactions have occurred on your account(s) (i.e. escrow disbursement; insufficient funds; line of credit advance; HOA dues or any other creditor for which a payoff demand is requested) after the payoff demand statement is received and the escrow has closed, the party for whom the payoff is being made will, upon request of the Closing Company, immediately remit to the Closing Company any additional funds required to complete the payoff(s). 8. TERMINATION OF TRANSACTION (a) Any party desiring to terminate this transaction shall deliver written notice of termination to Closing Company. If closing does not occur, Closing Company, except as provided herein, is authorized and agrees to return all documents, monies, and things of value to the depositing party and Closing Company will be relieved from any further duty, responsibility or liability in connection with these instruments. In addition, any promissory note, deed of trust, or other evidence of indebtedness signed by Buyer, shall be voided by Closing Company, with the original(s) destroyed. 9. CONFLICTING INSTRUCTIONS & DISPUTES If any conflicting demands are made on the Closing Company conceming this transaction, Closing Company, at its sole discretion, may hold any monies, documents and things of value received from any party except Buyer's lender. Closing Company shall retain such items until (1) receipt of mutual written instructions from Buyer and Seller; or (2) until a civil action between Buyer and Seller shall have been finally concluded in a Court of competent jurisdiction; or (3) in the alternative, Closing Company may, in its sole discretion, commence a civil action to interplead, or interplead in any existing civil action, any documents, monies or other things of value received by the Closing Company, requiring the parties to litigate their claims/rights. If such an action is filed, the parties jointly and severally agree (a) to pay Closing Company's cancellation charges, costs and reasonable attorneys' fees, and (b) that Closing Company is fully released and discharged from all further obligations regarding the transaction. If an action is brought involving this transaction and/or Closing Company, the party(ies) involved in the action agree to indemnify and hold the Closing Company harmless against liabilities, damages and costs incurred by Closing Company (including reasonable attorneys' fees and costs) except to the extent that such liabilities, damages and costs were caused by the negligence or willful misconduct of Closing Company. ©2009 First American Title Insurance Company Page 1 of 2 Pages (1/22109) Form 1610 -CO 10. USURY Closing Company is not to be concerned with usury as to any loans or encumbrances in this escrow and is hereby released of any responsibility and/or liability therefore. 11. AMENDMENTS TO THE TRANSACTION Any amendment changing the terms of the transaction must be in writing, executed by all parties and delivered to the Closing Company prior to the closing. Closing Company may, at its sole option, elect to accept and act upon oral instructions from the parties, as long as such oral instructions are confirmed in writing as soon as practicable. 12. INSURANCE POLICIES In all matters relating to insurance, Closing Company may assume that each policy is in force and that the necessary premium has been paid. Closing Company is not responsible for obtaining fire, hazard or liability insurance. 13. COPIES OF DOCUMENTS; AUTHORIZATION TO RELEASE Closing Company is authorized to rely upon copies of documents, which include facsimile, electronic, NCR, or photocopies as if they were an originally executed document. If requested by Closing Company, the originals of such documents shall be delivered to Closing Company. Closing Company may withhold documents and/or funds due to the party until such originals are delivered. Documents to be recorded MUST contain original signatures. Closing Company may furnish copies of any and all documents to the lender(s), real estate broker(s), attorney(s) and/or accountant(s) involved in this transaction upon their request. Delivery of documents by Closing Company to a real estate broker or agent who is so designated in the purchase agreement shall be deemed delivery to the principal. 14. EXECUTION IN COUNTERPART The closing documents may be executed in one or more counterparts, each of which shall be deemed an original, and all of which taken together shall constitute the same instruction. 15. TAX REPORTING, WITHHOLDING & DISCLOSURE The parties are advised to seek independent advice concerning the tax consequences of this transaction, including but not limited to, their withholding, reporting and disclosure obligations. Closing Company does not provide tax or legal advice and the parties agree to hold Closing Company harmless from any loss or damage that the parties may incur as a result of their failure to comply with federal and/or state tax laws. WITHHOLDING OBLIGATIONS ARE THE EXCLUSIVE OBLIGATIONS OF THE PARTIES. CLOSING COMPANY IS NOT RESPONSIBLE TO PERFORM THESE OBLIGATIONS UNLESS CLOSING COMPANY AGREES IN WRITING. Closing & Settlement Services General Provisions B. STATE WITHHOLDING & REPORTING With certain exceptions, all sales of Colorado real property in excess of $100,000 made by nonresidents of Colorado will be subject to a withholding tax in anticipation of the Colorado income tax that will be due on the gain from the sale. A transferor who is an individual, estate or trust will be subject to the withholding tax if either the federal Form 1099-S to be filed with the Internal Revenue Service to report the transaction or the authorization for the disbursement of the funds resulting from the transaction shows a non -Colorado address for the transferor. A corporate transferor will be subject to the withholding tax if immediately after the transfer of the title to the Colorado real property interest, it has no permanent place of business in Colorado. The withholding shall be made by the title insurance company, or its authorized agent that provides closing and settlement services as defined by 10-11-102 (3.5), C.R.S. The amount to be withheld shall be the lesser of (a) two percent of the selling price of the property interest or, (b) the net proceeds that would otherwise be due to the transferor as shown on the settlement statement. Normally Colorado tax will be due on any transaction upon which gain will be recognized for federal income tax purposes. Gain will normally be recognized for federal income tax purposes any time the selling price of the property exceeds the total of the taxpayer's adjusted basis in the property plus the expenses incurred in the sale of the property. The taxpayer's adjusted basis of the property will normally be the taxpayer's total investment in the property minus any depreciation thereon he has previously claimed for federal income tax purposes. Contact Colorado Department of Revenue: For additional information regarding this withholding, contact the Department of Revenue at (303) 238-7378, or visit the Department's website for information on DR 1083 and DR 1079 at http://www.coloradomovics/Satellite/Revenue/REVX/1176842266433 C. FEDERAL WITHHOLDING & REPORTING Certain federal reporting and withholding requirements exist for real estate transactions where the seller (transferor) is a non-resident alien, a non -domestic corporation, partnership, or limited liability company; or a domestic corporation, partnership or limited liability company controlled by non-residents; or non-resident corporations, partnerships or limited liability companies. D. TAXPAYER IDENTIFICATION DISCLOSURE Federal and state laws require that certain forms include a party's TIN and that such forms or copies of the forms be provided to the other party and to the applicable governmental authorities. Parties to a real estate transaction involving seller -provided financing are required to furnish, disclose, and include the other party's TIN in their tax returns. Closing Company is authorized to release a party's TINs and copies of statutory forms to the other party and to the applicable governmental authorities in the foregoing circumstances. The parties agree to hold Closing Company harmless against any fees, costs, or judgments incurred and/or awarded because of the release of their TIN as authorized herein. A. TAXPAYER IDENTIFICATION NUMBER REPORTING Federal law requires Closing Company to report seller's social security number or tax identification number (both numbers are hereafter referred to as the "TIN"), forwarding address, and the gross sales price to the Internal Revenue Service ("IRS"). To comply with the USA PATRIOT Act, certain taxpayer identification information (including, but not limited to, the TIN) may be required by Closing Company from certain persons or entities involved (directly or indirectly) in the transaction prior to closing. Escrow cannot be closed nor any documents recorded until the information is provided and certified as to its accuracy to Closing Company. The parties agree to promptly obtain and provide such information as requested by Closing Company. ©2009 First American Title Insurance Company Page 2 of 2 Pages (1/22/09) T/ /1/1C/e Form 1610 -CO First American First American Title insurance Company 200 East 7th Street, Suite 120 Loveland, CO 80537 Phn - (970)278-3100 Fax - Loveland EDocs@firstam.com TAX, WATER, SEWER & HOA AGREEMENT TO: FIRST AMERICAN TITLE INSURANCE COMPANY FILE NO: 13833-2927108 Date: October 03, 2017 Property Address: 906-908 10th Street, Greeley, CO 80631 The undersigned Seller and/or Buyer, under penalty of perjury, hereby indemnify and hold First American Title Insurance Company harmless from any loss or claim that may arise from their reliance on the information provided herein as to the following: REAL ESTATE TAX AGREEMENT The undersigned Buyer and Seller instruct the Closing Company that the general taxes for the year of closing for the above referenced property have been prorated based on the following: [] Taxes for the calendar year immediately preceding closing in the amount of $ [X] Most recent Mill Levy and assessment [] Seller further warrants that the property IS NOT subject to pending tax protest and/or appeal. It is further agreed that the above adjustment(s) shall be: [X] [] [] Considered a final settlement Re -adjusted between the Buyer(s) and Seller(s) when the tax statement is available from the County Treasurer Re -adjusted between Buyer(s) and Seller(s) as to any changes in the unimproved land assessment or mill levy In the event Closing Company has been unable to verify payment of prior years taxes, Closing Company will hold an amount sufficient to pay the taxes and all associated fees until verification of payment can be made; at which time the funds held will be applied toward payment and any excess refunded or if no payment is required refunded in full. Closing Company assumes no responsibility for the adjustment of special taxes or assessments or for the exception of these items in the conveyance. Seller(s) further warrant that special assessments, if any, affecting the subject property, including but not limited to Homeowners Association(s) dues or assessments are paid in full, except as reflected on the statements of settlement. Initials: I i° l\ft)p/ Initials:��' WATER & SEWER AGREEMENT Seller and Buyer acknowledge and agree that the water and sewer account(s) are: [x] Metered: Closing Company has ordered a final reading and is instructed to withhold from the Seller's proceeds $ 31.67 pending receipt of a final water/sewer statement. Funds withheld in excess of the amount due on the final statement shall be returned to the Seller. [] If funds held are insufficient to pay the final water/sewer statement in full, then Closing Company shall make a partial payment with the funds held; will mail to Seller and Buyer a copy of the check and final statement. Parties acknowledge and understand that Closing Company shall have no further responsibility and/or liability in connection with the remainder amount due. [] Closing Company has prorated the storm drainage assessment for the billing period from through in the amount of $ is: [] PAID [] DUE. [] Water and sewer is paid through the HOA dues. [] Closing Company has not adjusted for water and sewer. Adjustment required will be made between the Buyer(s) and Seller(s) and are not a part of this closing. [] Property is well and septic; no adjustment or proration is required. A change of ownership form for the well will be submitted to the Division of Water Resources within 30 days of closing. HOMEOWNERS ASSOCIATION INDEMNITY Sellers have provided to Closing Company all necessary information as to any Homeowner Associations affecting the subject property and the Closing Company has ordered the necessary status statements to bring all payments current as of the closing date. Seller represents that there are no unpaid charges and/or assessments that could result in a lien in favor of any homeowners association. If after closing the Closing Company becomes aware of a Homeowner Association that was not disclosed to the Closing Company by the Seller, Seller will be responsible for payment of any charges not collected at closing. If there are additional transfer and/or status fees, either Buyer or Seller will be responsible for payment pursuant to the terms of the real estate contact. SELLER: R.T. Pagano and M.C. Pagano, LLC, a Colorado limited liability company By: ico- ✓`� l/tii�r� Ralph T. Pagans Manager By: BUYER: County of Weld, a body corporate and politic of the State of Colorado By. (t,L c l £( Tc�l, t'_ 4 Co as Ciut. r LCACo( L-('TC,L2tq-) tX' 07'- C -en '4 "7 r7'l.c First American ican First American Title insurance Company 200 East 7th Street, Suite 120, Loveland, CO 80537 Phone (970)278-3100 - Fax File No. 13833-2927108 BILL OF SALE KNOW ALL MEN BY THESE PRESENTS, that R.T. Pagano and M.C. Pagano, LLC of the City of Greeley County of Weld, in the State of Colorado, for all and in consideration of TEN DOLLARS AND NO/100 ($10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION to Seller(s) in hand paid at or before the ensealing ordelivery of these presents by County of Weld, a body corporate and politic of the State of Colorado, Buyer(s), of the County of Weld, State of Colorado, the receipt whereof is hereby acknowledged has bargained and sold, and by these presents do grant and convey unto the said Buyer(s), his personal representative, successors and/or assigns, the following property, goods and chattels, to wit: Located at: 906-908 10th Street, Greeley, CO 80631 Inclusions. The Purchase Price includes the following items (Inclusions): Inclusions - Attached. If attached to the Property on the date of this Contract, the following items are included unless excluded under Exclusions: lighting, heating, plumbing, ventilating and air conditioning units, TV antennas, inside telephone, network and coaxial (cable) wiring and connecting blocks/jacks, plants, mirrors, floor coverings, intercom systems, built-in kitchen appliances, sprinkler systems and controls, built-in vacuum systems (including accessories), garage door openers (including NONE remote controls). If checked, the following are owned by the Seller and included (leased items should be listed under Due Diligence Documents): [ ] None [ ] Solar Panels [ ] Water Softeners [ ] Security Systems [ ] Satellite Systems (including satellite dishes). If any additional items are attached to the Property after the date of this Contract, such additional items are also included in the Purchase Price. Inclusions - Not Attached. If on the Property, whether attached or not, on the date of this Contract, the following items are included unless excluded under Exclusions: storm windows, storm doors, window and porch shades, awnings, blinds, screens, window coverings and treatments, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves, storage sheds, carbon monoxide alarms, smoke/fire detectors and all keys. Personal Property - Conveyance. Any personal property must be conveyed at Closing by Seller free and clear of all taxes (except personal property taxes for the year of Closing), liens and encumbrances, except Conveyance of all personal property will be by bill of sale or other applicable legal instrument. Other Inclusions. The following items, whether fixtures or personal property, are also included in the Purchase Price: STOVE AND REFRIGERATOR IN THE BASEMENT Parking and Storage Facilities. [ ] Use Only [X ] Ownership of the following parking facilities:ANY ON PREMISIS; and [ ] Use Only [X ] Ownership of the following storage facilities:ANY ON PREMISES. Exclusions. The following items are excluded (Exclusions): OWNER'S PERSONAL PROPERTY TO HAVE AND TO HOLD the same unto the Purchaser(s), their executors, administrators, successors or assigns, covenant and agree to and with the Purchaser(s), their executors, administrators, successors or assigns, to WARRANT and DEFEND the sale of said property, goods and chattels, hereby made unto the Purchaser(s), their executors, administrators, successors or assigns against all and every person or persons whomsoever. IN WITNESS WHEREOF, The seller(s) have hereunto set their hand(s) and seal(s), this Third day of October, 2017. R.T. Pagano and M.C. Pagano, LLC, a Colorado limited liability company By: a r� Ralph . Paga as Manager By: alt M State of County of Weld aga oanag r Colorado )ss The foregoing instrument was acknowledged to before me this Third day of October, 2017 by Ralph T. Pagano and Mary C. Pagano as Managers for R.T. Pagano and M.C. Pagano, LLC. Witness my hand and official seal. My commission expires: EDWARD D pHbRRERA State #f Colorado a000675 Notary ID MY Expif First American First American Title insurance Company 200 East 7th Street, Suite 120 Loveland, CO 80537 Phn - (970)278-3100 Fax - AFFIDAVIT AND INDEMNITY AGREEMENT RE: File No. 13833- 2927108 1. This is written evidence to you that there are no unpaid bills for materials or labor furnished for construction and erection, repairs or improvements contracted by or on behalf of the undersigned and, to the extent that there may be such unpaid bills, that the undersigned undertakes and agrees to cause the same to be paid such that there shall be no mechanic's or materialmen's liens affecting the property located at 906-908 10th Street, Greeley, CO 80631 and legally described as: The East 20 feet of the North 100 feet of Lot 3, Block 76, City of Greeley, County of Weld, State of Colorado. 2. We further represent that there are no public improvements affecting the property prior to the date of closing that would give rise to a special property tax assessment against the property after the date of closing. 3. We further represent that there are no pending proceedings or unsatisfied judgments of record, in any Court, State, or Federal, nor any tax liens filed against us. That if there are any judgments, bankruptcies, probate proceedings, state or federal tax liens of record against parties with same or similar names, they are not against us. 4. We further represent that there are no unrecorded contracts, leases, easements, or other agreements or interests relating to said premises of which we have knowledge. 5. We further represent that we are in sole possession of the real property described herein. 6. We further represent that there are no unpaid charges and assessments that could result in a lien in favor of any association of homeowners which are provided for in any document referred to in Schedule B of Commitment referenced above. The undersigned affiant(s) know the matters herein stated are true and indemnifies First American Title Insurance Company against loss, costs, damages and expenses of every kind incurred by it by reason of its reliance on the statements made herein. This agreement is executed with and forms a part of the sale and/or financing of the above described premises, and is given in addition to the conveyance and/or financing of the premises in consideration for the conveyance and/or financing and forms a complete agreement by itself for any action thereon. R.T. Pagano and M.C. Pagano, LLC, a Colorado limited liability company By: rz("41- Ralph T. Pag o as Manager By: Mary C ;Pagano as M nager State of County of Weld Colorado )ss The foregoing instrument was acknowledged to before me this Third day of October, 2017 by Ralph T. Pagano and Mary C. Pagano , the Managers of R.T. Pagano and M.C. Pagano, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: Notary P • is Final Affidavit and Agreement EDWARD DEHERRERA Notary Public StatefColorado 20054000675 Notary ID # My Commission Expires 01-08-202 First American First American Title insurance Company 200 East 7th Street, Suite 120 Loveland, CO 80537 Phn - (970)278-3100 Fax - AFFIDAVIT AND INDEMNITY AGREEMENT PURCHASER RE: File No. 13833- 2927108 1. This is written evidence to you that there are no unpaid bills for materials or labor furnished for construction and erection, repairs or improvements contracted by or on behalf of the undersigned and, to the extent that there may be such unpaid bills, that the undersigned undertakes and agrees to cause the same to be paid such that there shall be no mechanic's or materialmen's liens affecting the property located at 906-908 10th Street, Greeley, CO 80631 and legally described as: The East 20 feet of the North 100 feet of Lot 3, Block 76, City of Greeley, County of Weld, State of Colorado. 2. We further represent that there are no pending proceedings or unsatisfied judgments of record, in any Court, State, or Federal, nor any tax liens filed against us. That if there are any judgments, bankruptcies, probate proceedings, state or federal tax liens of record against parties with same or similar names, they are not against us. 3. We further represent that there are no unrecorded contracts, leases, easements, or other agreements or interests relating to said premises of which we have knowledge. The undersigned affiant(s) know the matters herein stated are true and indemnifies First American Title Insurance Company against loss, costs, damages and expenses of every kind incurred by it by reason of its reliance on the statements made herein. This agreement is executed with and forms a part of the sale and/or financing of the above described premises, and is given in addition to the conveyance and/or financing of the premises in consideration for the conveyance and/or financing and forms a complete agreement by itself for any action thereon. County of Weld, a body corporate and politic of the State of Colorado By: r L/ A ce z v- as C.--VLct i r -1 'p.Cc� C4) i r -r0( r_f≥ J State of County of Weld Colorado )ss The f regoing instrument was acknowledged to before me this J (j1d • 9t tl• by , ,1, • ro 4-.S 4 , the '(��, r ��P �� /1�n...,�{ of County of Weld, a body corporate and politic of the State of Colorado. 1? -0a (.1,. Ls -C- Lc-Yy.,wr.d t ivr.r.►c,� Witness my hand and official seal. My commission expires: i EDWARD DEHERRERA Notary Public State of Colorado Notary ID # 20054000675 My Commission Expires 01-08-2021 1 Order No: 13833-2927108 Date: October 03, 2017 LIMITED POWER OF ATTORNEY - SELLER That the Undersigned hereby appoints FIRST AMERICAN TITLE INSURANCE CORPORATION to be my attorney in fact to act for me only as to the matters stated below: Address of Property: 906-908 10th Street, Greeley, CO 80631 Legal Description: The East 20 feet of the North 100 feet of Lot 3, Block 76, City of Greeley, County of Weld, State of Colorado. Date of Closing: October 03, 2017 Name of Sellers: R.T. Pagano and M.C. Pagano, LLC POWERS: In the event a clerical or typographical error is discovered on any document pertaining to this transaction, my agent is hereby authorized to correct any clerical or typographical errors and to initial, date, sign, seal and deliver on my act, any instrument which my agent determines to be necessary to effectuate the correction. Specifically, my agent may make a correction limited to the matters stated below on an original document and to authorize to rerecord that original document where appropriate. The undersigned declares that any and all corrections made by my agent shall be as valid as if they had been initiated, signed, dated and delivered by me personally. The undersigned ratifies whatsoever my said agent shall lawfully do or can cause to be done in the correction of clerical and typographical errors as limited below. LIMITATIONS: My agent is authorized to correct clerical and typographical errors as to the names of the parties to this transaction; the legal description or street address of the real property which the subject of this transaction; and the date of any document. My agent is not authorized to make any changes or corrections as to the interest rate stated on the deed of trust or promissory note; the amount of the principal indebtedness stated on the deed of trust or promissory note; or the amount of consideration stated on the deed. The Power of Attorney is made of my own free will and for the purpose of facilitating necessary corrections. The undersigned understands that signing this Power of Attorney is not mandatory. IN WITNESS WHEREOF, I have hereunto set my hand and seal this Third day of October, 2017. R.T. Pagano and M.C. Pagano, LLC, a Colorado limited liability company By: • /• Ralph T. Paga By: Y/ c Mar' C.,P�gano as, tanager State of County of Weld Colorado )ss The foregoing instrument was acknowledged to before me this Third day of October, 2017 by Ralph T. Pagano and Mary C. Pagano , the Managers of R.T. Pagano and M.C. Pagano, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: Notary Pu EDWARD DEHERRERA State of Colorado Notary ID # 20054000 7 2021 My Commission Expires Order No: 13833-2927108 Date: October 03, 2017 LIMITED POWER OF ATTORNEY - BUYER That the Undersigned hereby appoints FIRST AMERICAN TITLE INSURANCE CORPORATION to be my attorney in fact to act for me only as to the matters stated below: Address of Property: 906-908 10th Street, Greeley, CO 80631 Legal Description: The East 20 feet of the North 100 feet of Lot 3, Block 76, City of Greeley, County of Weld, State of Colorado. Date of Closing: October. 03, 2017 Name of Buyers: County of Weld POWERS: In the event a clerical or typographical error is discovered on any document pertaining to this transaction, my agent is hereby authorized to correct any clerical or typographical errors and to initial, date, sign, seal and deliver on my act, any instrument which my agent determines to be necessary to effectuate the correction. Specifically, my agent may make a correction limited to the matters stated below on an original document and to authorize to rerecord that original document where appropriate. The undersigned declares that any and all corrections made by my agent shall be as valid as if they had been initiated, signed, dated and delivered by me personally. The undersigned ratifies whatsoever my said agent shall lawfully do or can cause to be done in the correction of clerka? and typographical errors as limited below. LIMITATIONS: My agent is authorized to correct clerical and typographical errors as to the names of the parties to this transaction; the legal description or street address of the real property which the subject of this transaction; and the date of any document. My agent is not authorized to make any changes or corrections as to the interest rate stated on the deed of trust or promissory note; the amount of the principal indebtedness stated on the deed of trust or promissory note; or the amount of consideration stated on the deed. The Power of Attorney is made of my own free will and for the purpose of facilitating necessary corrections. The undersigned understands that signing this Power of Attorney is not mandatory. IN WITNESS WHEREOF, I have hereunto set my hand and seal this Third day of October, 2017. County of Weld, a body corporate and politic of the State of Colorado By / t, as a, � Gc .<1,-( Ce. � I �( d State of Colorado County of Weld )ss The foregoin instrument was acknowledged to before me this Third day of October, 2017 by 1 ` , the(' r ��'Y U 1 of County of Weld, a body corporate and politic of th State of Colorado. 'F. --a5-41 (..cnin. ,ksbrrr�a><-� Witness my hand and official seal. My commission expires: Notary Public EDWARD DEHERRERA Notary Public State of Colorado Notary ID # 20054000675 My Commission Expires 01-08-2021 WHEN RECORDED RETURN TO: County of Weld, a body corporate and politic of the State of Colorado 1150 O Street Greeley, CO 80631 File Number: 13833-2927108 WARRANTY DEED First American THIS DEED, Made this Third day of October, 2017, between R.T. Pagano and M.C. Pagano, LLC a limited liability company duly organized and existing under and by virtue of the laws of the State of Colorado, grantor, and County of Weld, a body corporate and politic of the State of Colorado whose legal address is 1150 O Street, Greeley, CO 80631 of the County of Weld and State of Colorado, grantee: WITNESSETH, That the grantor, for and in consideration of the sum of ONE HUNDRED NINETY THOUSAND AND NO/100 DOLLARS ($190,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs, successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as follows: The East 20 feet of the North 100 feet of Lot 3, Block 76, City of Greeley, County of Weld, State of Colorado. also known by street and number as: 906-908 10th Street, Greeley, CO 80631 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and remainders, rents, issues and profits thereof; and all the estate, right, 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 said grantee, his heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, and except general taxes for the current year and subsequent years, and except easements, covenants, reservations, restrictions, and right of way, if any, of record. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. Doc Fee: $19.00 IN WITNESS WHEREOF, The grantor has caused its corporate name to be hereunto subscribed by its Manager, and its corporate seal to be hereunto affixed, attested by its Manager, the day and year first above written. R.T. Pagano and M.C. Pagano, LLC, a Colorado limited liability company By: Ralph T. PagarI Manager Matt' Clpagano a� lytanager State of Colorado County of Weld )ss The foregoing instrument was acknowledged to before me this Third day of October, 2017 by Ralph T. Pagano and Mary C. Pagano, the Managers of R.T. Pagano and M.C. Pagano, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: EDWARD DHERRERA Notary State of Colorado Notary ID # 20054000675 My Commission Expires 01-08-2021 REAL PROPERTY TRANSFER DECLARATION (TD -1000) ORDER NO: 13833-2927108 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 Statutes (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 the declaration be returned within thirty days after the notice is mailed. If the completed 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 sale 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. Refer to 39-5-121.5, C.R.S. and 39-13-102(5)(c), C.R.S. 1. Address and/or legal description for the real property sold: Please do not use P.O. Box numbers. 906-908 10th Street, Greeley, CO 80631 2. Type of property purchased: x Single Family Residential Townhome Condominium MultiUnit Res Commercial Industrial Agricultural Mixed Use Vacant Land Other 3. Date of Closing: 10 03 2017 Year Month Day Date of Contract if different than date of closing: 08 21 2017 Month Day Year 4. Total Sale Price: Including all real and personal property. $ 190,000.0O 5. Was any personal property included in the transaction? Personal property would include, but is not limited to, carpeting, draperies, 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 x No If Yes, 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 x No If Yes, Value $ If Yes, does this transaction involve a trade under IRS Code Section 1031? Yes x No 7. Was 100% interest in the real property purchased? Mark "no" if only partial interest is being purchased. Yes No If no, interest purchased ok x 8. Is this transaction among related parties? Indicate whether buyer and seller are related. Related parties include persons within the same family, business affiliates, or affiliated corporations. Yes x No 9. Check any of the following that apply to the condition of the improvements at the time of purchase. New Excellent Good Average If the property is financed, please complete the following: 10. Total amount financed: $ 0.00 oor Salvage 11.\Type of financing: (Check all that apply): New Assumed ler Third Party Combination Explain: 12. erms: Variable; Starting Interest Rate xed; Interest Rate Length • Time Balloon Payment? Yes No If Yes, amount $ due date years 13. Mark any that apply: Seller assisted down payments, Seller concessions, Special terms or financing. If marked, please specify: For properties other than residential (Residential is defined as: single family detached, townhomes, apartments, and condominiums) please complete questions 14-16 if applicable. Otherwise skip to #17 to complete. 14. Did the purchase price include a franchise or license fee? Yes -C 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 onsite 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 Third day of October, 2017 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. Please designate buyer or seller. Signature of Grantee (Buyer) F Grantor (Seller) 18. All future correspondence (tax bills, property valuations, etc.) regarding this property should be mailed to: 1150 O Street Address(mailing) Daytime phone Greeley, CO 80631 City, State and Zip Code From: Sent: To: Subject: Attachments: Follow Up Flag: Flag Status: Categories: utility Billing <utility.Billing@Greeleygov.com> Monday, September 11, 2017 2:10 PM Brown hill, Pamela RE: 906-908 10th street Utility Request transfer of ownership.doc Follow up Flagged Utility First American Title 2950 E Harmony Road Ste 399 Fort Collins, CO 80528 Ph: 970-658-4685; F: 866-222-8290 FINAL WATER REQUEST Property Address: 906-908 10th Street Seller: R.T. Pagano and M. C. Pagano, LLC Purchaser: County of Weld Billing Address: (for new owner if different from property address) Meter Reading Date: 9/11/17 (2 business days prior to closing) Closing Date: 9/13/17 Contact: Escrow team — FortCollinsEscrow@firstam.com Send Request to: utilitv.billing@greelevgov.com DO NOT SEND SCANNED DOCUMENTS OR PDF FILES Questions? Please call: (970)350-9721 r a agraph C, w r c £or 1'I24 billed in is n fxce3�ss of hr annual alit, st ns: for the PLEASE NOTIFY SELLERS IF THEY HAVE ENROLLED IN E -BILL EXPRESS TO CANCEL ANY RECURRING PAYMENTS AND UN -ENROLL Account #: 004-763551-01 Amount Due: $31.67 Billing Clerk: FLORINDA Phone #: 970-350-9721 Please remit payments to: City of Greeley, 1000 10t'' St., Greeley, CO 80631 f Yrt vitiN Street From: Brownhill, Pamela [mailto:pbrownhill@firstam.com] Sent: Wednesday, September 06, 2017 12:34 PM To: utility Billing<utility.Billing@Greeleygov.com> Cc: Brownhill, Pamela <pbrownhillPfirstam.com> Subject: 906-908 10th street Utility Request Hello, Please see the attached utility request for closing on 9/13/17. Thank you. IRE FRAUD IS THE RISE Accepting wire and disbursement instructions by email is dangerous, especially changes to those instructions. Verify by calling the originator of the email using previously known contact information prior to sending funds. Pam Brownhill Escrow Assistant First American First American Title Insurance Company 2950 E. Harmony Rd Ste 399 Ft, Collins, CO 80528 Please enter at South East door by Kaiser Main:970-658-4685 Fax: 866-222-8290 Email: pbrownhillnafirstam.com "Forbes Top 100 Most Trustworthy Companies" "Top 20 Happiest Companies in U.S." " or '. £ Une ba r. i rp3.ta.T3 r: 4e` r e. `sf't C is c1i n o t<n t w> rrnation prior :o TRANSFER 3 S F Ey Cu FAMES TO WORK FOR ****************************************************************************** ************ This message may contain confidential or proprietary information intended only for the use of the addressee(s) named above or may contain information that is legally privileged. If you are not the intended addressee, or the person responsible for delivering it to the intended addressee, you are hereby notified that reading, disseminating, distributing or copying this message is strictly prohibited. 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Thank you.— ****************************************************************************** ************ FAFLD City of / ----***%"%.\\ Colorado rcelcv Utility Billing Department utility.billing@),greeleygov.com Phone: (970) 350-9729 Fax: (970) 350-9736 Title Co.: E , �-U Contact Name: -fit Email: Gv%�o�i Phone: pild.l l" -i ---7 °n -t> •jE • ' toi) Service Address:610 , -'1 D to • Account #: "). he information c43.1ec-, TRANSFER OF OWNERSHIP s' o (1;3-e : e (Le, phone s !aR) YS a ad em« ii a31(3re s.$) w ody Seller Information Printed Name(s): —t c,,ca,r, n WA • jai i LLCM Forwarding Address: Phone: Signature(s): Buyer Information Printed Name(s): Driver's License/ �'� .r 16leI.D. Number(s): /4 ALT, (-4-co L Mailing Address: C -C) C !� / Signature Phone: Email: ***FORM NOT VALID WITHOUT CLOSERS SIGNATURE * * * As a representative of the Title Company listed above, I certify that the driver's license/ I.D. number(s) and identity of the buyer(s) have been verified by our office. We understand that completed document must be emailed immediately after closing, and that services will not be transferred to buyer until this completed do ent is eceived by the City of Greeley. Signatu Title: -->e„trx, Printed Name: h,,A- tom- Date: - ✓' %/j I, Payment amount only accepted for amount indicated on Final, please send correct final amount or check will be returned. Payment must be received by City of Greeley within 30 days of closing to avoid a past due balance and shut off of utility service 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. Thomas Land Surveying, LLC P.O. Box 337004 Greeley, CO 80633 970-304-0984 Bill To Julie Cozad Chairman Weld County 1 150 O Street Greeley CO 80631 Invoice Date Invoice # 9/11/2017 3667 P.O. No. Terms Project Net 30 1709.009 Item Qty Description Rate Amount FIELD CREW PLS 2 1 FIELD CREW - $135 PER HOUR - 906 & 908 10TH STREET PLS - $90 PER HOUR 135.00 90.00 270.00 90.00 Thank you for your business! Total $360.00 Payments/Credits $0.00 Balance Due 5360.00 LEGAL DESCRIPTION NOTE: AN IMPROVEMENT SURVEY PLAT IS RECOMMENDED TO DEPICT MORE PRECISELY THE LOCATION OF THE IMPROVEMENTS SHOWN HEREON. BUILDING IS CONTIGUOUS WITH PROPERTY LINE =CONCRETE NOTE: NO MONUMENTATION WAS FOUND IN THE BLOCK. HORIZONTAL CONTROL WAS ESTABLISED BASED UPON THE EXISTING RIGHT-OF-WAY OF 10TH STREET AND HISTORIC ACCEPTED LINES OF OCCUPATION. w w" UO <Z 25 Q CO 10TH STREET '00" W 100.00' z CONCRETE WALK N 90°00'00". E 20:00'. S 90'00'00" W 20.00' (PROVIDED BY CUSTOMER) 906-908 10TH STREET THE EAST 20 FEET OF THE NORTH 100 FEET OF LOT 3, BLOCK 76, CITY OF GREELEY, COUNTY OF WELD, STATE OF COLORADO BUILDING IS CONTIGUOUS WITH PROPERTY LINE 20 0 1 INCH = 20 FEET 20 IMPROVEMENT LOCATION CERTIFICATE I HEREBY CERTIFY THAT THIS IMPROVEMENT LOCATION CERTIFICATE WAS PREPARED FOR FIRST AMERICAN TITLE. IT IS NOT A LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT, AND IT IS NOT TO BE RELIED UPON FOR THE ESTABLISHMENT OF FENCE, BUILDING, OR OTHER FUTURE IMPROVEMENT LINES. THIS CERTIFICATE IS VALID ONLY FOR USE BY FIRST AMERICAN TITLE AND DESCRIBES THE PARCELS APPEARANCE ON SEPTEMBER 6, 2017. I FURTHER CERTIFY THAT THE IMPROVEMENTS ON THE ABOVE DESCRIBED PARCEL, ON THIS DATE, SEPTEMBER 6, 2017 EXCEPT UTILITY CONNECTIONS, ARE ENTIRELY WITHIN THE BOUNDARIES OF THE PARCEL, EXCEPT AS SHOWN, THAT THERE ARE NO ENCROACHMENTS UPON THE DESCRIBED PREMISES BY IMPROVEMENTS ON ANY ADJOINING PREMISES, EXCEPT AS INDICATED, AND THAT THERE IS NO APPARENT EVIDENCE OR SIGN OF ANY EASEMENT CROSSING OR BURDENING ANY PART OF SAID PARCEL, EXCEPT AS NOTED. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS IMPROVEMENT LOCATION CERTIFICATE WITHIN THREE YEARS AFTER YOU DISCOVER SUCH DEFECT. IN NO EVENT, MAY ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS LOCATION CERTIFICATE BE COMMENCED MORE THAN TEN YEARS AFTER THE DATE OF THE CERTIFICATE SHOWN HEREON. - ill/cc/ 7 DATE ROBERT D. THOMAS P.L.S. 38353 COLORADO LAND SURVEYOR ON BEHALF OF THOMAS LAND SURVEYING, LLC PREPARED BY: THOMAS LAND SURVEYING, LLC 2619 WEST 11TH STREET ROAD, SUITE 24 GREELEY, COLORADO 80634 (970)304-0984 co".. LICF�S T O o� DyO11/. 0 °:"///' 38353 : a b '?:'‘<<‘ •.r/7 (2 17: hrONAL LP �aarrrrxr� 1709.009 WHEELER MGT 906 908 10TH ST ILC 10/3/2017 Property Report Weld County PROPERTY PORTAL Account Information Property Information (970) 400-3650 Technical Support (970) 400-4357 Account: R2825386 October 3, 2017 Account Parcel Space Account Type Tax Year Buildings Actual Value Assessed Value R2825386 096105334008 Commercial 2017 1 131,600 38,160 Legal GR 5190 E20' OF N100' L3 BLK76 Subdivision Block Lot Land Economic Area GREELEY CITY 76 3 COMM N -S 5 -11 ST E 11 AV Property Address Property City I Zip Section Township Range 906 10TH ST GREELEY ! 05 05 65 1 Owner(s) Account Owner Name Address R2825386 R2825386 PAGANO R T MC PAGANO LLC 1507 45TH AVE GREELEY, CO 806343106 Document History https://propertyreport.co.weld.co. us/?account=82825386 1/5 10/3/2017 Property Report Reception Rec Date Type Grantor Grantee Doc Fee Sale Date Sale Price 24738 SUB SUBDIVISION GREELEY 0.00 0 2823569 02-05-2001 WD GREELEY COLUMBUS CLUB ASSN PAGANO RALPH T & MARY C 10.00 01-31-2001 100,000 3819895 01-24-2012 QCN PAGANO RALPH T R T PAGANO LLC 0.00 12-14-2011 0 Building Information Building 1 Accou ntNo 1 Building ID Occupancy R2825386 1 Retail Store ID Type NBHD Occupancy % Complete Bedrooms Baths Rooms 1 Commercial 6913 Retail Store 100 0 0 0 ID Exterior Roof Cover Interior HVAC Perimeter Units Unit Type Make Package 228 0 Unit ID Square Condo Ft SF Total Basement SF Finished Basement SF Garage SF Carport SF Balcony SF Porch SF 1,880 0 ID Built As Square Ft Year Built Stories Length Width 1.00 Retail Store 1,880 1954 1 0 0 Additional Details for Building 1 https://propertyreport.co.weld.co.us/?account=R2825386 2/5 10/3/2017 Property Report ID Detail Type Description Units 1 Basement Display 1,880 Valuation Information Type Code Description Actual Value Assessed Value Acres Land SqFt Improvement 2212 MERCHANDISING -123,600 IMPROVEMENT MERCHANDISING -LAND 8,000 35,840 2,320 0.000 0.046 0 2,000 Land 2112 Totals - - 131,600 38,160 0.046 2,000 Tax Authorities Tax Area District ID District Name Current Mill Levy 2689 0700 AIMS JUNIOR COLLEGE 6.308 2689 0802 DOWNTOWN DEVELOPMENT AUTHORITY 5.000 2689 0411 GREELEY CITY 11.274 2689 1050 HIGH PLAINS LIBRARY 3.271 2689 0301 NORTHERN COLORADO WATER (NCW) 1.000 2689 0206 SCHOOL DIST #6-GREELEY 36.335 2689 0100 WELD COUNTY 15.800 Total - - 78.988 Photo https://propertyreport.co.weld.00.us/?account=R2825386 3/5 10/3/2017 Property Report Sketch https://propertyrepori.co.weld.co.us/?account=R2825386 4/5 10/3/2017 Property Report Land 2000.0 SF First Floor 1880.0 sq. ft. Finished 1880.0 sq. ft. YOC 1960 WH 12' Class C Sketch'by Apex 1V Mndows^! 20.0' 100.0'. 94.0' 20.0' 10 Street Building 1 Page 1 Copyright © 2017 Weld County, Colorado. All rights reserved. Privacy Policy & Disclaimer I Accessibility Information https://propertyreport.co.weld.co.us/?account=R2825386 5/5 Certificate Of Taxes Due Account Number R2825386 Parcel 096105334008 Assessed To PAGANO R T 1507 45TH AVE GREELEY, CO 80634-3106 Certificate Number 154086 Order Number FAWE_2927108 Vendor ID 5 DATA TRACE 6834 S UNIVERSITY BLVD #502 CENTENNIAL, CO 80122-1515 Legal Description GR 5190 E20' OF N100' L3 BLK76 Situs Address 906 10TH ST GREELEY Year Tax Charge 2016 Total Tax Charge Tax Interest $2,583.70 $0.00 Fees Payments $0.00 ($2,583.70) Balance $0.00 $0.00 Grand Total Due as of 08/23/2017 $0.00 Tax Billed at 2016 Rates for Tax Area 2689 - 2689 Authority WELD COUNTY SCHOOL DIST #6 NORTHERN COLORADO WATER (NC GREELEY CITY AIMS JUNIOR COLLEGE DOWNTOWN DEVELOPMENT AUTHOR HIGH PLAINS LIBRARY Taxes Billed 2016 * Credit Levy Mill Levy 15.8000000* 36.3350000 1.0000000 11.2740000 6.3080000 5.0000000 3.2710000 Amount Values $516.83 MERCHANDISING -LAND $1,188.52 MERCHANDISING - $32.71 IMPROVEMENT $368.77 Total $206.33 $163.55 $106.99 78.9880000 $2,583.70 Actual $7,000 $105,800 Assessed $2,030 $30,680 $112,800 $32,710 WARNING - THIS TAX CERTIFICATE DOES NOT WARRANT ANY TAXES OWED ON UNDERLYING ACCOUNTS OR PARENT OR CHILD 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 AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - SEPTEMBER 1, REAL PROPERTY - SEPTEMBER 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. 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 parcels 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 Greeley, CO 80631 Aug 23, 2017 8:08:23 AM Page 1 of 1 ;FA lf;P RFiit1IC ALLIANCE WIRE FRAUD DISCLOSURE Criminals/hackers are targeting email accounts of various parties involved in real estate transactions. Parties that are targeted include, but are not limited to, lawyers, title company representatives; mortgage brokers/loan officers and real estate agents. In addition to other concerns, the most prominent concern is fraudulent use of wiring instructions used to divert funds to the criminal's bank account. These emails often look like legitimate emails from a proper party to the transaction. Broker strongly recommends that you, your lawyers and all others working on the transaction refrain from placing any financial and sensitive personal information in emails and email attachments. When it is necessary to provide this information (e.o. social security numbers, bank account numbers, credit card numbers, wiring instructions, ABA routing numbers, SWIFT or Bank Identifier Codes, etc.), it is strongly recommended that whenever possible you use a secure means of transmittal such as providing the information in person, over the telephone or through a secure mail or delivery service. Before you wire any funds or provide sensitive information to any party involved with the transaction (including but not limited to your lawyer, title company representative, mortgage broker/loan officer or real estate agent) personally call them to confirm the legitimacy of the communication requesting the information. The call should be placed to a number that you obtain from a reliable source (e.g. the transaction documents or business website). You should not utilize the number provided in the email in order to be certain that you are contacting a legitimate party to the transaction. r Se er a nature Dat- /7 /73/7 Seller Signature 7/ Date Printed N -me Printed Name X17 �7zcrl /Ch 3/7 yer Signature j Date Buyer Signature Date Printed Name Printed Name This document has not been approved by the Colorado Real Estate Commission. It has been approved by legal counsel for RE/MAX Alliance. Use of this document without the express written permission of RE/MAX Alliance is prohibited. AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE Seller DATE 8/15/2017 FROM: Alliance Real Estate Services LLC, dba RE/MAX Alliance TO: RT Pagano and MC Pagano, LLC and Buyer PROPERTY: 906 10th Street, Greeley, CO 80631 This is to give you notice that the Ownership of Alliance Real Estate Services LLC, dba RE/MAX Alliance has a business relationship with those Providers described in this Notice. Because of this relationship, this referral may provide the Owner of Alliance Real Estate Services LLC dba RE/MAX Alliance a financial or other benefit. Set forth below are the names of the Service Providers and is the estimated charge or range of charges for the services listed. You are NOT required to use the listed providers as a condition of: • The settlement of your loan on or for the purchase of your property or any refinance of that property. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES. The rates quoted by these Companies may not be the lowest available and are subject to change. Actual charges may vary according to the particular circumstances underlying the transaction including; the property value; coverage and limits; other requested items and services; unusual market conditions; and other similar features. For a free, no obligation quote, please contact the Company directly. SERVICE PROVIDERS • Home Mortgage Alliance, LLC: is an affiliate of Stearns Lending, Inc. Alliance Real Estate Services LLC, dba RE/MAX Alliance and Stearns Lending, Inc. each have approximately 50% ownership in Home Mortgage Alliance. Home Mortgage Alliance, LLC provides a full range of residential mortgage loan products and services. The HUD -1 Description/Line Designations are as follows: • Loan Origination Fee (801): 1% - 2.5% of the actual loan amount obtained. • Alliance Insurance Services: The Ownership of Alliance Real Estate Services LLC, dba RE/MAX Alliance has a 55% interest in this entity. It provides Homeowners Insurance and other insurance products including Life, Auto, Flood, and Health. HUD -1 Description/Line Description: Insurance premiums and escrow. Rates will depend on location of the property and the actual coverage requested by the insured. • Other Services: In addition, the Ownership of Alliance Real Estate Services LLC, dba RE/MAX Alliance may market additional services or products of independent providers not having affiliated business arrangements, in which the Ownership of Alliance Real Estate Services LLC, dba RE/MAX Alliance may receive a financial or other benefit in connection with such products and services. Said financial or other benefit will be disclosed with each individual situation should it occur. ACKNOWLEDGEMENT: I/we have read this disclosure form, and understand that the Ownership of Alliance Real Estate Services LLC, dba RE/MAX Alliance is referring me/us to purchase the above -described services and may receive a financial or other benefit as the result of this referral. 3'/ J 7)17 Date Sell Seller/Buyer Name 774, Seller/Buyer Nam'e! -I (7/ / // Date Date Date Seller/Buyer Name ACKNOWLEDGEMENT: I/we have received the Affiliated Business Arrangement Disclosure Statement from the real estate broker and understand that the Ownership of Alliance Real Estate Services LLC, dba RE/MAX Alliance may receive a financial or other be efit as a result of the referral of the service listed li"i this atement. 1 /�' �� / 3 /// )..---- Seller/BuyerNaphe Z Date e rBu er Na e Date //,:(14/ /0/1/7 Date er Name Seller/Buyer Name Date BROKER PRESENTATION ACKNOWLEDGEMENT: As attested by the Broker's signature below, on (date), Broker provided the Seller and/or Buyer with a copy of this Affiliated Business Disclosure Statement. ❑ SELLER has declined to sign the Affiliated Business Disclosure. ❑ BUYER has declined to sign the Affiliated Business Disclosure. Broker Date:7/28/2017 This is to give notice that Mary Jo Brockshus, Broker Associate; RE/MAX Alliance is a member in her husbands company Tri City Inspection Agency, LLC. Because of this relationship she may receive a financial or other benefit. /0 3/) Date Buyer Date Buyer Date Seller Date Seller 7 7 Date zt//7 z M� RFiMh4C® ALLIANCE Alliance Real Estate Services, LLC d/b/a RE/MAX Alliance 1275 58th Ave., Suite A Greeley, CO 80634 Phone: (970) 330-5000 Fax: (970) 330-5100 The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (SPD19-10-11) (Mandatory 1-12) THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. SELLER'S PROPERTY DISCLOSURE (ALL TYPES OF PROPERTIES) THIS DISCLOSURE SHOULD BE COMPLETED BY SELLER, NOT BY BROKER. Seller states that the information contained in this Disclosure is correct to Seller's CURRENT ACTUAL KNOWLEDGE as of this Date. Any changes will be disclosed by Seller to Buyer promptly after discovery. Seller hereby receipts for a copy of this Disclosure. If the Property is part of a Common Interest Community, this Disclosure is limited to the Property or Unit itself, except as stated in Section L. Broker may deliver a copy of this Disclosure to prospective buyers. Note: If an item is not present at the Property or if an item is not to be included in the sale, mark the "N/A" column. The Contract to Buy and Sell Real Estate, not this Disclosure form, determines whether an item is included or excluded; if there is an inconsistency between this form and the Contract, the Contract controls. Date: -7/X020 7 Property Address: 90G' y(J /(7.%-1-- / /'{ e Seller: RT Pagano and MC Pagano, LLC k Ai , . i S"S L °fig Lea s box 'Cc , ecked ,there are I . + c es. s I, tiro me ts�on 1 e Qper ono corn G > "`Y : ,,,4•4,i. iNk.t : h.,1.00--.4, ... "�s5F` - 'et ec ons A [e If A. =:.�+P;29,41 STRUCTURAL CONDITIONS Do any of the follow- ing conditions now exist or have they ever existed: Yes No Do Not Know N/A Comments 1 Structural problems 2 Moisture and/or water problems 3 Damage due to termites, other insects, birds, animals or rodents V 4 Damage due to hail, wind, fire or flood V/ 5 Cracks, heaving or settling problems V 6 Exterior wall or window problems V 7 Exterior Artificial Stucco (EIFS) ;/ 8 Any additions or alterations made 9 Building code, city or county violations V B. ROOF Do any of the following conditions now exist: Yes No Do Not Know N/A Comments 1 Roof problems t✓ 2 Roof material: Age 2 yii• ', 3 �x A } Roof material: Age mil 3 Roof leak: Past 4 Roof leak: Present 1/ 5 Damage to roof: Past / 6 Damage to roof: Present 7 Roof under warranty until L.oQ Transferable 8 Roof work done while under current roof warranty ✓ 9 Skylight problems V 10 Gutter or downspout problems SPD19-10-11 SELLER', PROPERTY DISCLOSURE (ALL TYPES OF PROPERTIES) 7/28/2017 8:26 frid Buyer initials Seller initials Page 1 of 8 IN WORKING CONDITION I C. APPLIANCES Are the following now in working condition: Yes No Do Not Know Age If Known N/A Comments 1 Built-in vacuum system & accessories ✓ 2 Clothes dryer ✓ 3 Clothes washer 4 Dishwasher ✓ 5 Disposal ✓ 6 Freezer ;/ 7 Gas grill ✓ 8 Hood ✓ 9 Microwave oven V 10 Oven ✓ 11 Range V 12 Refrigerator ✓ 13 V T.V. antenna: ■ Owned ■ Leased 14 Satellite system or DSS dish Li Owned V • Leased 15 Trash compactor V IN WORKING CONDITION D. ELECTRICAL & TELECOMMUNICATIONS Are the following now in working condition: Yes No Do Not Know Age If Known N/A Comments 1 Security system: ■ Owned ■ Leased 2 Smoke/fire detectors: ■ Battery ■ Hardwire V 3 Carbon Monoxide Alarm: ■ Battery ■ Hardwire V 4 Light fixtures V 5 Switches & outlets V 6 Aluminum wiring (110) V 7 Electrical: Phase Voltage Amps 8 Telecommunications (T1, fiber, cable, satellite) V 9 Inside telephone wiring & blocks/jacks ✓ 10 Abandoned communication cables: ■ Yes ■ No 11 Ceiling fans V 12 Garage door opener V 13 Garage door control(s) # V' 14 Intercom/doorbell 15 In -wall speakers VI 16 220 volt service 17 Landscape lighting V SPD19-10-11 SELLERS PROPERTY DISCLOSURE (ALL TYPES OF PROPERTIES) 7/28/2017 8:26 Buyer initials AP1e---7 Seller initials frt Page 2 of 8 IN WORKING CONDITION I E. MECHANICAL Are the following now in working condition: Yes No Do Not Know Age If Known N/A Comments 1 Air conditioning: I� I :_ , .I II Y _ f . Evaporative cooler Window units V Central ✓ Computer room J 2 Attic/Whole house fan •✓ 3 Vent fans ✓ 4 Humidifier 5 Air purifier i 6 Sauna 7 Hot tub or spa V 8 Steam room/shower 9 Pool J 10 Heating system: Type O& ? pr i 2 Fuel 6--R5 Type Fuel 11 Water heater: Number of I Fuel type C,,5 Capacity 12 Fireplace: Type ✓ Fuel 13 Fireplace insert V. 14 Stove: Type / ✓ Fuel 15 When was fireplace/wood stove, chimney/flue last cleaned: Date • Do Not Know 16 Fuel tanks: • Owned ■ Leased V 17 Radiant heating system: • Interior ■ Exterior V Hose type 18 Overhead door ,/ 19 Entry gate system V 20 Elevator/escalators t/ 21 Lift/hoist/crane ✓ IN WORKING CONDITION I E WATER, SEWER & OTHER UTILITIES Are the following now in working condition: Yes No Do Not Know Age If Known N/A Comments 1 Water filter system: • Owned ■ Leased 2 Water softener: ■ Owned • Leased V 3 I �r I ,I ._ Sewage problems: ■ Yes ■ No ■ Do not know 4 Lift station (sewage ejector pump) m i✓ 5 Drainage, storm sewers, retention ponds V 6 Grey water storage/use ✓ 7 I Plumbing problems: ■ Yes I No ■ Do not know I _. 8 Sump pump ✓ 9 Underground sprinkler system V 10 Fire sprinkler system ✓ 11 Polybutylene pipe: ■ Yes ■ No 21 Do not know 12 Galvanized pipe: ■ Yes ■ No © Do not know 13 Backflow prevention device: ■ Domestic ■ Irrigation ■ Fire ■ Sewage 14 Irrigation pump 15 Well pump i SPD19-10-11 SELLER' PROPERTY DISCLOSURE (ALL TYPES OF PROPERTIES) 7/28/2017 8:26 ,,,,,,\.c.....7, Buyer initials Seller initials 1� 1� Page 3 of 8 IN WORKING CONDITION G. OTHER DISCLOSURES -IMPROVEMENTS Yes No Do Not Know N/A Comments I Included fixturimnd equipment now in working condition _L H. USE, ZONING & LEGAL ISSUES Do any of the following conditions now exist: Yes No Do Not Know N/A Comments I Current use of the Property 1- 2 Zoning violation, variance, conditional use, violation of an enforceable PUD or non -conforming use ✓ 3 Notice or threat of condemnation proceedings ✓ 4 Notice of any adverse conditions from any governmental or quasi -governmental agency that have not been resolved ✓ 5 Violation of restrictive covenants or owners' association rules or regulations t✓ 6 Any building or improvements constructed within the past one year from this Date without approval by the Association or the designated approving body 7 Notice of zoning action related to the Property 8 Notice of ADA complaint or report y 9 Other legal action I. ACCESS, PARKING, DRAINAGE & SIGNAGE Do any of the following conditions now exist: Yes Do Not No Know N/A Comments I 2 Any access problems Roads, driveways, trails or paths through the Property used by others ✓ 3 Public highway or county road bordering the Property I 4 Any proposed or existing transportation project that affects or is expected to affect the Property V 5 Encroachments, boundary disputes or unrecorded easements V 6 Shared or common areas with adjoining properties ,! 7 Cross -parking agreement, covenants, easements 4/ 8 Requirements for curb, gravel/paving, landscaping ✓ 9 Flooding or drainage problems: Past if 10 Flooding or drainage problems: Present if I I Signs: 0 Owned 0 Leased J/ 12 Signs: Government or private restriction problems SPDI9-10-11 SELLERS PROPERTY DISCLOSURE (ALL TYPES OF PROPERTIES) 7/28/2017 8:26 Page 4of8 Buyer Initials Seller initials IN WORKING CONDITION G. r OTHER DISCLOSURES -IMPROVEMENTS Yes No Do Not Know N/A Comments I Included fixtures and equipment now in working condition — -__. __� -y — _ :11ENBRAZ i H. USE, ZONING & LEGAL ISSUES Do any of the following conditions now exist: Yes No Do Not Know N/A _ Comments 1 Current use of the Property ,1 t 1 2 Zoning violation, variance, conditional use, violation of an enforceable PUD or non•conforming use ✓ 3 Notice or threat of condemnation proceedings ✓ 4 Notice of any adverse conditions from any governmental or quasi -governmental agency that have not been resolved ✓ 5 Violation of restrictive covenants or owners' association rules or regulations ✓ - 6 Any building or improvements constructed within the past one year from this Date without approval by the Association or the designated approving body ✓ 7 Notice of zoning action related to the Property V 8 Notice of ADA complaint or report 9 Other legal action V I. ACCESS, PARKING, DRAINAGE & SIGNAGE Do any of the following conditions now exist: Yes [Do Not No Know N/A Comments I 2 Any access problems Roads, driveways, trails or paths through the Property used by others ✓ 3 Public highway or county road bordering the Property I 4 Any proposed or existing transportation project that affects or is expected to affect the Property V 5 Encroachments, boundary disputes or unrecorded easements t/ 6 Shared or common areas with adjoining properties ✓ 7 Cross -parking agreement, covenants, easements r'.‘7* 8 Requirements for curb, gravel/paving, landscaping ✓ 9 Flooding or drainage problems: Past ✓ 10 Flooding or drainage problems: Present ✓ 11 Signs: ❑ Owned O Leased J 12 Signs: Government or private restriction problems ✓ SPDI9.10.1! SELLES PROPERTY DISCLOSURE (ALL TYPES OF PROPERTIES) 7/28/2017 8:26 Page 4 of 8 f Buyer it n[tlals Seller initials IN WORKING CONDITION G. OTHER DISCLOSURES -IMPROVEMENTS Yes No Do Not Know N/A Comments 1 Included fixtures and equipment now in working condition H. USE, ZONING & LEGAL ISSUES Do any of the following conditions now exist: Yes No Do Not Know N/A Comments i Current use of the Property s: ` — 2 Zoning violation, variance, conditional use, violation of an enforceable PUD or non -conforming use 3 Notice or threat of condemnation proceedings / 4 Notice of any adverse conditions from any governmental or quasi -governmental agency that have not been resolved ✓ 5 Violation of restrictive covenants or owners' association rules or regulations V 6 Any building or improvements constructed within the past one year from this Date without approval by the Association or the designated approving body 7 Notice of zoning action related to the Property 8 Notice of ADA complaint or report 9 Other legal action V I. ACCESS, PARKING, DRAINAGE & SIGNAGE Do any of the following conditions now exist: Yes No Do Not Know N/A Comments 1 • Any access problems 2 Roads, driveways, trails or paths through the Property used by others I 3 Public highway or county road bordering the Property ,/ 4 Any proposed or existing transportation project that affects or is expected to affect the Property V 5 Encroachments, boundary disputes or unrecorded easements V 6 Shared or common areas with adjoining properties J 7 Cross -parking agreement, covenants, easements V 8 Requirements for curb, gravel/paving, landscaping I 9 Flooding or drainage problems: Past I 10 Flooding or drainage problems: Present I 11 V Signs: ❑ Owned • Leased 12 Signs: Government or private restriction problems J SPD19-10-11 SELLE#t'S PROPERTY DISCLOSURE (ALL TYPES OF PROPERTIES) 7/28/2017 8:26 Page 4 of 8 Buyer initials iY 7 Seller initials 717N° J. WATER & SEWER SUPPLY Do any of the following conditions now exist: Yes No Do Not Know N/A Comments 1 Water Rights: Type Water tap fees paid in full Sewer tan fees paid in full 2 3 v! 4 Subject to augmentation plan ✓ -k'a 5 Well required to be metered '✓ 6 Shared None Permit #: Type of water supply: il Public ■ Community • Well ■ Well • Cistern • If the Property is served by a Well, a copy of the Well Permit ■ Is ■ Is Not attached. Well • Drilling Records • Are ■ Are not attached. Shared Well Agreement Address: Phone The ON DESCRIBED • Yes ■ No The Water Provider for the Property can be contacted at: Name: Web Site: No.: • There is neither a Well nor a Water Provider for the Property. source of potable water for the Property is [describe source]: NONRENEWABLE GROUND WATER. YOU MAY WISH SOURCE) TO DETERMINE THE LONG-TERM SOME WATER PROVIDERS RELY, TO VARYING DEGREES, TO CONTACT YOUR PROVIDER (OR INVESTIGATE THE SUFFICIENCY OF THE PROVIDER'S WATER SUPPLIES. 7 Septic System a copy of Other Type of sanitary sewer service: lI Public ■ Community • ■ None • If the Property is served by an on -site septic system, supply to buyer the permit. Type of septic system: ■ Tank ■ Leach • Lagoon K. ENVIRONMENTAL CONDITIONS Do any of the following conditions now exist or have they ever existed: Yes No Do Not Know N/A Comments 1 Hazardous materials on the Property, such as radioactive, toxic, or biohazardous materials, asbestos, pesticides, herbicides, wastewater sludge, radon, methane, mill tailings, solvents or petroleum products ✓ 2 Underground storage tanks v' 3 Aboveground storage tanks V 4 Underground transmission lines 5 Animals kept in the residence V 6 Property used as, situated on, or adjoining a dump, land fill, or municipal solid waste land fill >/ 7 Monitoring wells or test equipment V 8 Sliding, settling, upheaval, movement or instability of earth or expansive soil on the Property ✓ 9 Mine shafts, tunnels or abandoned wells on the Property V 10 Within governmentally designated geological hazard or sensitive area 11 Within governmentally designated flood plain or wetland area V 12 Governmentally designated noxious weeds (within last 3 years only) If yes, see Section O. 13 Dead, diseased or infested trees or shrubs V 14 Environmental assessments, studies or reports done involving the physical condition of the Property I 15 Property used for any mining, graveling, or other natural resource extraction operations such as oil and gas wells 16 Endangered species on the Property -1 17 Archaeological features, fossils, or artifacts on the Property e/ 18 Interior of improvements of Property tobacco smoke -free ;/ 19 Other environmental problems ,/ SPD19-10-11 SELLER'S PROPERTY DISCLOSURE (ALL TYPES OF PROPERTIES) 7/28/2017 8:26 Page 5 of 8 Buyer initials `trC Seller initials L. COMMON INTEREST COMMUNll _ - ASSOCIATION PROPERTY Do any of the following conditions now exist: Yes No Do Not Know N/A Comments 1 Property is part of an owners' association 2 Special assessments or increases in regular assessments approved by the owners' association but not yet implemented t/ 3 Has the Association made demand or commenced a lawsuit against a builder or contractor alleging defective construction of improvements of the Association Property (common area or property owned or controlled by the Association but outside the Seller's Property or Unit). M. OTHER DISCLOSURES —GENERAL Do any of the following conditions now exist: Yes No Do Not Know N/A Comments 1 Any part of the Property leased to others (written or oral) I 2 Written reports of any building, site, roofing, soils or engineering investigations or studies of the Property / ,/ 3 Any property insurance claim submitted (whether paid or not) tJ 4 Structural, architectural and engineering plans and/or specfications for any existing improvements ✓ 5 Property was previously used as a methamphetamine laboratory and not remediated to state standards / ✓ 6 Governmental special improvements approved, but not yet installed, that may become a lien against the Property ✓ / N. CROPS, LIVESTOCK & LEASES Do any of the following conditions now exist: Yes No Do Not Know N/A Comments 1 Crops being grown on the Property ✓ 2 Seller owns all crops -I 3 Livestock on the Property t/ 4 Any land leased from others: • State • BLM ✓ • Federal ■ Private • Other O. NOXIOUS WEEDS Do any of the following conditions now exist: The Colorado Noxious Weed Management Act (35-5.5-101-119 C.R.S.) enables County and City governments to implement noxious weeds management programs to reclaim infested acres and protect weed -free land. For a directory of county weed supervisors call 303-329-4173 or see www.colorado.gov/ag/weeds. Have any of the following occurred to the Property? Yes No Do Not Know N/A Comments 1 Have any noxious weeds on the Property been identified? t/ 2 Have there been any weed enforcement actions on the Property? 1.7 3 Has a noxious weed management plan for the Property been entered into? 4 Have noxious weed management actions been implemented? V 5 Have herbicides been applied? i 1 SPD19-10-11 SELLER'S PROPERTY DISCLOSURE (ALL TYPES OF PROPERTIES) 7/28/2017 8:26 Page 6 of 8 Buyer initials Seller initials /v /`"` P. OTHER DISCLOSURES —LAND Do any of the following conditions now exist: Yes No Do Not Know N/A Comments 1 Any part of the Property enrolled in any governmental programs such as Conservation Reserve Program (CRP), Wetlands Reserve Program (Vs/RP), etc. 2 Conservation easement I Seller and Buyer understand that the real estate brokers do not warrant or guarantee the above information on the Property. Property inspection services may be purchased and are advisable. This form is not intended as a substitute for an inspection of the Property. ADVISORY TO SELLER: Failure to disclose a known material defect may result in legal liability. The information contained in this Disclosure has been furnished by Seller, who certifies to the truth thereof based on Seller's CURRENT ACTUAL KNOWLEDGE. ADVISORY TO BUYER: 1. Even though Seller has answered the above questions to Seller's current actual knowledge, Buyer should thoroughly inspect the Property and obtain expert assistance to accurately and fully evaluate the Property to confirm the status of the following matters: a. the physical condition of the Property; b. the presence of mold or other biological hazards; c. the presence of rodents, insects and vermin including termites; d. the legal use of the Property and legal access to the Property; e. the availability and source of water, sewer and utilities; f. the environmental and geological condition of the Property; g. the presence of noxious weeds; and h. any other matters that may affect Buyer's use and ownership of the Property that are important to Buyer as Buyer decides whether to purchase the Property. 2. Seller states that the information is correct to "Seller's current actual knowledge" as of the date of this form. The term "current actual knowledge" is intended to limit Seller's disclosure only to facts actually known by the Seller and does not include "constructive knowledge" or"common knowledge" or what Seller "should have known" about the Property. The Seller has no duty to inspect the Property when this Disclosure is filled in and signed. 3. Valuable information may be obtained from various local/state/federal agencies, and other experts may assist Buyer by performing more specific evaluations and inspections of the Property. 4. Boundaries, location and ownership of fences, driveways, hedges, and similar features of the Property may become the subjects of a dispute between a property owner and a neighbor. A survey may be used to determine the likelihood of such matters. 5. Whether any item is included or excluded is determined by the contract between Buyer and Seller and not this Seller's Property Disclosure. 6. Buyer acknowledges that Seller does not warrant that the Property is fit for Buyer's intended purposes or use of the Property. Buyer acknowledges that Seller's indication that an item is "working" is not to be construed as a warranty of its continued operability or as a representation or warranty that such item is fit for Buyer's intended purposes. 7. Buyer hereby receipts for a copy of this Disclosure. • SPD19-10-11 SELL I R'S PROPERTY DISCLOSURE (ALL TYPES OF PROPERTIES) 7/28/2017 8:26 Page 7 of 8 Buyer initia Seller initials 7• Buyer Date SPD19-10-11 SELLER'S OPERTY DISCLOSURE (ALL TYPES OF PROPERTIES) 7/28/2017 8:26 /f/( /I Buyer initials Seller initials ( G Page 8 of 8 RESOLUTION RE: APPROVE COUNTERPROPOSAL FOR CONTRACT TO BUY AND SELL REAL ESTATE (906-908 10TH STREET) FROM RT PAGANO, LLC, AND AUTHORIZE CHAIR AND/OR CHAIR PRO-TEM TO SIGN ALL NECESSARY DOCUMENTS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Counterproposal for the Contract to Buy and Sell Real Estate (906-908 10th Street) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and RT Pagano, LLC, 1507 45th Avenue, Greeley, CO 80634, for real estate, being more particularly described as follows: 906-908 10th Street, Greeley, Colorado 80631, being further described as GGR 5190 E20' of N100' L3, Blk 76, City of Greeley, Weld County, Colorado, and WHEREAS, after review, the Board deems it advisable to approve the Counterproposal for the Real Estate Contract, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Counterproposal for the Contract to Buy and Sell Real Estate (906- 908 10th Street) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and RT Pagano, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair and/or Chair Pro -Tern be, and hereby are, authorized to sign any necessary documents to complete the closing for said purchase. Lc- &,CTT%&) co -cat t) (7►CTCBG) 9/aCc/1"7 2017-3022 PR0035 COUNTERPROPOSAL / CONTRACT TO BUY AND SELL (906-908 10TH STREET) - RT PAGANO, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of August, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST:defrAwv &, ` p;ok, Weld County Clerk to the Board BY: • puty Clerk to the Board APP e v di AS T County Attorney Date of signature: q (�' 117 Julie AT d, Chair `934)S Steve Moreno, -Tem Sean P. Conway arbara Kirkmeyer ) 2017-3022 PR0035 1 ��c WMtiC ALLIANCE Alliance Real Estate Services, LW d/ to RE/MAX Alliance 1275 58th Ave., Suite A Greeley, CO 80634 Phone: (970) 330-5000 Fax: (970) 3305100 The primed portions of this form, except differentiated additions, have been approved by the Calorad© Real Estate Commnissien. 2 (CP40.6-15) (Mandatory 1-16) 3 4 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR 5 OTHER COUNSEL BEFORE SIGNING. 6 7 8 9 10 l 1 I. This Counterproposal supersedes and replaces any previous counterproposal. This Counterproposal amends the proposed 12 contract dated August 14, 2017 (Contract), between RT Pagano and NC Pagano, LLC 13 (Seller), and Weld County Colorado (Buyer), relating to the sale and purchase 14 of the following legally described real estate in the County of Weld, Colorado: 15 GGR 5190 £20' of N100' L3 91k 76 16 17 18 known as No. 906 -909 10th Street Greeley CO 80631 (Property). 19 Street Address City State Zip 20 21 2. § 3. DATES AND DEADLINES. No Change COUNTERPROPOSAL Date: August 17, 2017 26 3. § 4, PURCHASE PRICE AND TERMS. No Change 28 29 4. ATTACHMENTS. The following are a part of this Counterproposal: 30 31 32 33 Note: The following disclosure forms ace attached but are not a pan of this Counterproposal. 34 Affiliated Business RE/MAX Alliance Affiliated Business TriCity Inspection Agency 35 36 37 5. OTHER CHANGES. 38 Section 2.3 Seller. RT Pagano and MC Pagano, tic Section 3 Dates and Deadlines. Closing Date October 3, 2017 Section 10.6.14 Incl usi ons . Stove and Refrigerator in the Basement Section 10.6.4 Due Diligence -Environmental. Buyer will pay the cost of for Phase Ii 39 40 41 6. ACCEPTANCE DEADLINE. This Counterproposal expires unless accepted in writing by Seller and Buyer as evidenced 42 by their signatures below and the offering party to this document receives notice of such acceptance on or before 43 August 22, 2017 12:00 44 Date Time 45 46 If accepted, the Contract, as amended by this Counterproposal, will become a contract between Seller and Buyer, All other terms 47 and conditions of the Contract remain the same. 48 CP40-6-i5. COUNTER itOPOSAL 8/17/2017 11:07 Page 1 or 2 Buyer initials Seller initials erkif �tlCP 2017-3022 Buyer's Name: Weld County Colorado Buyer's Signatur Address: Phone No.: Fax No.: Email Address: ulie Coza Seller's Name: RT Pagano and MC Pagano, LW Seller's Signature: iph 'i'. ' no Address: Phone No.: Fax No.: Email Address: c Date Date Seller's Signature: Ma C ' no Address: Phone No.: Fax No.: Email Address: Date 49 Note: When this Counterproposal form is used, the Contract is not to be signed by the party initiating this Counterproposal. 50 Brokers must complete and sign the Broker's Acknowledgements and Compensation Disclosure portion of the Contract. 51 CP40.6-l5. COUNT ROPOSAL 811712017 11:07 Page 2 of 2 Buyer Initials Seller Initials l L(Ahe printed portions of this form, except diflc cntiatcd additions, have beets approved by tlx: Coimacdn Real Estate Constniscion. -- Wheeler Management Group 1130 38th Avenue, Suite B Greeley, CO 80634 Phone: (970) 352-5860 Fax; (970) 352-0117 www.wheelentigt.com 2 E41-6-15) (ivf anciutory 1-16) 3 4 TillS FORM IlAS IMPORTANT LEGAT, CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAi. AND TAX OR 5 OTHER COUNSEL BEEORE SIGNING. OK 6 7 S AGREEMENT TO AMEND/EXTEND CONTRACT 9 Date: August 15, 2017 10 11 1. This agreement amends the contract dated August I4, 2017 (Contract), between 12 AT Pagano LAC (Seller). and Weld County Colorado 13 (Buyer). relating to the sale and purchase of the following legally described real estate in the County of Weld. 14 Colorado: IS GR 5190 L20' OF N100' L3 B1{IC76; Approximately 1,880 SF Building located on i6 approximately 2,000 SF of land - 17 18 known as No. 906-908 10th Street Greeley CO _80631 (Property). 19 Street Address City State Zip 20 21 NOTE: If tlw table is omitted, or if any henna is left blank or is marked In the "No Change" column, it means no change to 22 the corresponding provision of the Contract. If any Item is marked in the "Deleted" column, it means that the 23 corresponding provision of the Contract to which reference is made is deleted. 24 25 ? § 3. DATES AND DEADLINES. [Note: This table may be omitted if inapplicable., OMITTED AS INAPPLICABLE. 26 ?7 3, Other dates or deadlines set forth in the Contract are changed us follows: 28 3.1) The acceptance date for the contract shall he extended to Thursday, 29 August 17th at 4: 00pm . 30 31 4. Additional amendments: 32 No Change 33 34 35 All outer tenns and conditions of the Contract remain the same. 36 37 38 This proposal expires unless accepted in writing by Seller and Buyer as evidenced by their signatures below and the offering party 39 to this document receives notice of such acceptance on or before August 17, 2017 4:00 pm AZT 40 4f 42 Buyer's Name: Julie Cozad Buyer's Signature Date Date Time AFftt-6-is. AGRECIrl'ITOAMEND/EXTEND CONTRACT Nil 5120178 15 Royer tnilfak Sclkr inklak Per t or 2 Seller's Name: RT Pagano LLC Seller's Signature — r' Date 43 A EM -15. AGREEMENT TO AMEND/EXTEND CONTRACT 8115/2017 8! 15 Page 2 or 2 Buyer initials- Seller initials.., Rare Wheeler Management Group HEELER 1130 38th Avenue, Suite B MANAGEMENF Greeley, CO 80634 INC. Phone: (970) 352-5860 Fax: (970) 352-0117 www.wheelermgt.com 1 2 3 4 5 6 7 8 9 10 11 12 13 The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (CBS3-6-15) (Mandatory 1-16) THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEI. BEFORE SIGNING. CONTRACT TO BUY AND SELL, REAL ESTATE (COMMERCIAL) ( D Property with No Residences) ( ■ Property with Residences -Residential Addendum Attached) i AGREEMENT J Date: August 14, 2017 14 1. AGREEMENT. Buyer agrees to buy and Seller agrees to sell, the Property described below on the terms and conditions set 15 forth in this contract (Contract). 16 2, PARTIES AND PROPERTY. 17 2.1. Buyer. Buyer, Weld County Colorado, 18 will take title to the Property described below as Joint Tenants ❑ Tenants In Common (Xi Other N/A 19 2.2. No Assignability. This Contract Is Not assignable by Buyer unless otherwise specified in Additional Provisions. 20 21 2.3. Seller. Seller, RT Pagano .L.LC, is 22 the current owner of the Property described below. 23 2.4. Property. The Property is the following legally described real estate in the County of Weld, Colorado: • 24 GR 5190 E20' OF N100` L3 BL1C76; Approximately 2,880 SF Building located on approximately 2,000 SF of land. i 25 26 27 28 906-908 10th Street 29 known as NO Street Address Greeley City CO 80 631 State Zip 30 31 together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto, and all interest of 32 Seller in vacated streets and alleys adjacent thereto, except as herein excluded (Property). 33 34 23. Inclusions. The Purchase Price includes the following items (Inclusions): 35 2.5.1. Inclusions - Attached. If attached to the Property on the date of this Contract, the following items are 36 included unless excluded under Exclusions: lighting, heating, plumbing, ventilating and air conditioning units, TV antennas, inside 37 telephone, network and coaxial (cable) wiring and connecting blocks/jacks, plants, mirrors, floor coverings, intercom systems, 38 built-in kitchen appliances, sprinkler systems and controls, built-in vacuum systems (including accessories), garage door openers 39 (including n/a remote controls). If checked, the following are owned by the Seller and included (leased items should be listed ( g 40 under Due Diligence Documents): None 0 Solar Panels Water Softeners ❑ Security Systems I Satellite Systems 41 (including satellite dishes). If any additional items are attached to the Property after the date of this Contract, such additional items 42 are also included in the Purchase Price. 43 2.5.2. Inclusions - Not Attached. If on the Property, whether attached or not, on the date of this Contract, the 44 following items are included unless excluded under Exclusions: storm windows, storm doors, window and porch shades, awnings, ■ U CBS3-6-15. CONTRAC ' TO BUY AND SELL REAL ESTATE (COMMERCIAL) 8/14/2017 13:50 Page 1 of 18 Buyer initials Seller initials 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 blinds, screens, window coverings and treatments, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves, storage sheds, carbon monoxide alarms, smoke/fire detectors and all keys. 23.3. Personal Property - Conveyance. Any personal property must be conveyed at Closing by Seller free and clear of all taxes (except personal property taxes for the year of Closing), liens and encumbrances, except N/A. Conveyance of all personal property will be by bill of sale or other applicable legal instrument. 2.5.4. Other Inclusions. The following items, whether fixtures or personal property, are also included in the Purchase Price: N/A 2.5.5. Parking and Storage Facilities. ■ Use Only EN Ownership of the following parking facilities: Any on premises; and ■ Use Only ® Ownership of the following storage facilities: Any on premises 2.6. Exclusions. The following items are excluded (Exclusions): Owner's personal property bosons n/a 2.7. Water Rights, Well Rights, Water and Sewer Taps. 2.7.1. Deeded Water Rights. The following legally described water rights: Any deeded water rights will be conveyed by a good and sufficient N/A deed at Closing. 2.7.2. Other Rights Relating to Water. The following rights relating to water not included in §§2.7.1, 2.7.3, 2.7.4 and 2.7.5, will be transferred to Buyer at Closing: N/A Q 2.7.3. Well Rights. Seller agrees to supply required information to Buyer about the well. Buyer understands that if the well to be transferred is a "Small Capacity Well" or a "Domestic Exempt Water Well", used for ordinary household purposes, Buyer must, prior to or at Closing, complete a Change in Ownership form for the well. If an existing well has not been registered with the Colorado Division of Water Resources in the Department of Natural Resources (Division), Buyer must complete a registration of existing well form for the well and pay the cost of registration. If no person will be providing a closing service in connection with the transaction, Buyer must file the form with the Division within sixty days after Closing. The Well Permit # is N/A . 2.7.4. Water Stock Certificates. The water stock certificates to be transferred at Closing are as follows: ■ N/A 2.7.5. Conveyance. If Buyer is to receive any rights to water pursuant to § 2.7.2 (Other Rights Relating to Water), § 2.7.3 (Well Rights), or § 2.7.4 (Water Stock Certificates), Seller agrees to convey such rights to Buyer by executing the applicable legal instrument at Closing. 85 3. DATES AND DEADLINES. Item No. Reference Event Date or Deadline I § 4.3 3 days after MEC Alternative Earnest Money Deadline Title § § 8.1 Record Title Deadline 5 days after MEC 3 § 8.2 Record Title Objection Deadline 15 days after NEC 4 § 83 Off -Record Title Deadline .5 days after MEC is 5 8.3 Off -Record Title Objection Deadline 15 days after MEC CBS3-6-15. CONTRACTO BUY AND SELL REAL ESTATE (COMMERCIAL) 8/1412017 13:50 Page 2 of 18 Buyer initials Seller initials 6 § 8.4 Title Resolution Deadline 20 days after MEC 7 § 8.6 Right of First Refusal Deadline N/A _ Owners' Association 8 § 7.3 Association Documents Deadline N/A 9 , § 7.4 Association Documents Objection Deadline N/A Seller's Property Disclosure 10 § 10.1 Seller's Property Disclosure Deadline 5 days after MEC Loan and Credit, 11 § 5.1 Loan Application Deadline`' N/A 5.2 Loan Objection Deadline N/A 13 • 5.3 Buyer's Credit Information Deadline 5 days after MSC 4 - 5.3 Disapproval of Buyer's Credit Information Deadline Y 0 days after NEC 15 • 5.4 Existing Loan Documents Deadline N/A Existing Loan Documents Objection Deadline N/A 17 • 5.4 Loan Transfer Approval Deadline N/A 18 • 4.7Seller or Private Financing Deadline �i/A Appraisal • = 6.2 Appraisal Deadline n/a # - 6.2 Appraisal Objection Deadline n/a 21 § 6.2 A A. •raisal Resolution Deadline n/a Survey '.1 15 days afterr 23 • •.3 20 days after $ . New ILC ar New Survey Resolution Deadline25 days after Inspection and Due Diligence # Inspection Objection Deadline -15 days after MEC 26 • # inspection Resolution Deadline days after MEC 10.5 Property Insurance abjection Deadline N/A 10.6 Due Diligence Documents Delivery Deadline 1 !I days alter NEC + 10.6 Due Diligence Documents Objection Deadline 15 days after NEC § # 10.6 Due Diligence Documents Resolution deadline 20 days after MEC § 10.6 Environmental Inspection Objection Deadline 14 stays after MEC 10.6 ADA Evaluation Objection Deadline N/A 33 § 10.7 Conditional Sale Deadline N/A • § 11.1 Tenant E.soppel Statements Deadline N/A 35 § 11.2 Tenant estoppel Statements abjection Deadline N/A Closing and Possession .. Y 36 § 12.3 30 days a.fter MEC or ooner 3 37 § 17 Possession DateNiA 38 § 17 Possession Time N/A ' § 28 Acceptance Deadline Date August 15, 2017 40 § 28 Acceptance Deadline Time w 4:00 pin _ Due Diligence Inspection Period 15 days after NEC §30 N/A N/A N/A 86 31. Applicability of Terms. Any box checked in this Contract means the corresponding provision applies. Any box, 87 blank or line in this Contract left blank or completed with the abbreviation "N/A", or the word "Deleted" means such provision, 88 including any deadline, is not applicable and the corresponding provision of this Contract to which reference is made is deleted. If 89 no box is checked in a provision that contains a selection of "None", such provision means that "None" applies. 90 The abbreviation "MEC" (mutual execution of this Contract) means the date upon which both parties have signed this Contact. 91 92 4. PURCHASE PRICE AND TERMS. CBS3-6-15. CONTRACT TOOIUY AND SELL REAL ESTATE (COMMERCIAL) 8/14/2017 13:50 Page 3 of 18 Buyer initials Seller initials 93 4.1. Price and Terms. The Purchase Price set forth below is payable in U.S. Dollars by Buyer as follows: Item No. Reference Item Amount 1 Amount ► 1 § 4.1 Purchase Price $ 190, 000. 00 : 2 § 4.3 Earnest Money $ 40, 000.00 3 § 4.5 New Loan $ N/A 4 § 4.6 Assumption Balance $ N/A 5 § 4.7 Private Financing N/A 6 § 4.7 Seller Financing $ N/A 7 N/A N/A N/A _ N/A 8 N/A N/A N/A N/A 9 § 4.4 Cash at Closing $ 150, 000.00 10 TOTAL $ 190, 000.00 $ 190, 000.00 94 4.2. Seller Concession. At Closing, Seller will credit to Buyer $ N/A (Seller Concession). The Seller 95 Concession may be used for any Buyer fee, cost, charge or expenditure to the extent the amount is allowed by the Buyer's lender 96 and is included in the Closing Statement or Closing Disclosure, at Closing. Examples of allowable items to be paid for by the 97 Seller Concession include, but are not limited to: Buyer's closing costs, loan discount points, loan origination fees, prepaid items 98 and any other fee, cost, charge, expense or expenditure. Seller Concession is in addition to any sum Seller has agreed to pay or 99 credit Buyer elsewhere in this Contract. 100 4.3. Earnest Money. The Earnest Money set forth in this section, in the form of a Buyers Business Check , will be 101 payable to and held by First American Title (Earnest Money Holder), in its trust account, on behalf of 102 both Seller and Buyer. The Earnest Money deposit must be tendered, by Buyer, with this Contract unless the parties mutually 103 agree to an Alternative Earnest Money Deadline for its payment. The parties authorize delivery of the Earnest Money deposit to 104 the company conducting the Closing (Closing Company), if any, at or before Closing. In the event Earnest Money Holder has 105 agreed to have interest on Earnest Money deposits transferred to a fund established for the purpose of providing affordable housing 106 to Colorado residents, Seller and Buyer acknowledge and agree that any interest accruing on the Earnest Money deposited with the 107 Earnest Money Holder in this transaction will be transferred to such fund_ 108 43.1. Alternative Earnest Money Deadline. The deadline for delivering the Earnest Money, if other than at the 109 time of tender of this Contract, is as set forth as the Alternative Earnest Money Deadline. 110 43.2. Return of Earnest Money. If Buyer has a Right to Terminate and timely terminates, Buyer is entitled to 111 the return of Earnest Money as provided in this Contract. If this Contract is terminated as set forth in § 25 and, except as provided 112 in § 24, if the Earnest Money has not already been returned following receipt of a Notice to Terminate, Seller agrees to execute 113 and return to Buyer or Broker working with Buyer, written mutual instructions (e.g., Earnest Money Release form), within three 114 days of Seller's receipt of such form. 115 4.4. Form of Funds; Time of Payment; Available Funds. 116 4.4.1. Good Funds. All amounts payable by the parties at Closing, including any loan proceeds, Cash at Closing 117 and closing costs, must be in funds that comply with all applicable Colorado laws, including electronic transfer funds, certified 118 check, savings and loan teller's check and cashier's check (Good Funds). 119 4.4.2. Time of Payment; Available Funds. All funds, including the Purchase Price to be paid by Buyer, must be 120 paid before or at Closing or as otherwise agreed in writing between the parties to allow disbursement by Closing Company at 121 Closing OR SUCH NONPAYING PARTY WILL BE IN DEFAULT. Buyer represents that Buyer, as of the date of this 122 Contract, © Does ❑ Does Not have funds that are immediately verifiable and available in an amount not less than the amount 123 stated as Cash at Closing in § 4.1. 124 4.5. New Loan. OMITTED AS INAPPLICABLE. 131 4.6. Assumption. OMITTED AS INAPPLI CABLE . 144 4.7. Seller or Private Financing. OMITTED AS INAPPLICABLE. 161 r TRANSACTION PROVISIONS I 162 5. FINANCING CONDITIONS AND OBLIGATIONS. 163 5.1. Loan Application. If Buyer is to pay all or part of the Purchase Price by obtaining one or more new loans (New 164 Loan), or if an existing loan is not to be released at Closing, Buyer, if required by such lender, must make an application verifiable CBS3-6-15. CONTRACT TCIIBUY AND SELL REAL ESTATE (COMMERCIAL) 8/14/201.7 13:50 Page 4 of 18 Buyer initials Seller initials 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 by such lender, on or before Loan Application Deadline and exercise reasonable efforts to obtain such loan or approval. 5.2. Loan Objection. If Buyer is to pay all or part of the Purchase Price with a New Loan, this Contract is conditional upon Buyer determining, in Buyer's sole subjective discretion, whether the New Loan is satisfactory to Buyer, including its availability, payments, interest rate, terms, conditions, and cost of such New Loan. This condition is for the sole benefit of Buyer. Buyer has the Right to Terminate under § 25.1, on or before Loan Objection Deadline, if the New Loan is not satisfactory to Buyer, in Buyer's sole subjective discretion. W SELLER IS NOT IN DEFAULT AND DOES NOT TIMELY RECEIVE BUYER'S WRITTEN NOTICE TO TERMINATE, BUYER'S EARNEST MONEY WILL BE NONREFUNDABLE, except as otherwise provided in this Contract (e.g., Appraisal, Title, Survey). 5,3. Credit Information. If an existing loan is not to be released at Closing, this Contract is conditional (for the sole benefit of Seller) upon Seller's approval of Buyer's financial ability and creditworthiness, which approval will be at Seller's sole subjective discretion. Accordingly: (1) Buyer must supply to Seller by Buyer's Credit Information Deadline, at Buyer's expense, information and documents (including a current credit report) concerning Buyer's financial, employment and credit condition; (2) Buyer consents that Seller may verify Buyer's financial ability and creditworthiness; and (3) any such information and documents received by Seller must be held by Seller in confidence, and not released to others except to protect Seller's interest in this transaction. If the Cash at Closing is less than as set forth in § 4.1 of this Contract, Seller has the Right to Terminate under § 25.1, on or before Closing. If Seller disapproves of Buyer's financial ability or creditworthiness, in Seller's sole subjective discretion, Seller has the Right to Terminate under § 25.1, on or before Disapproval of Buyer's Credit Information Deadline. 5.4. Existing Loan Review. If an existing loan is not to be released at Closing, Seller must deliver copies of the loan documents (including note, deed of trust, and any modifications) to Buyer by Existing Loan Documents Deadline. For the sole benefit of Buyer, this Contract is conditional upon Buyer's review and approval of the provisions of such loan documents. Buyer has the Right to Terminate under § 25.1, on or before Existing Loan Documents Objection Deadline, based on any unsatisfactory provision of such loan documents, in Buyer's sole subjective discretion. If the lender's approval of a transfer of the Property is required, this Contract is conditional upon Buyer's obtaining such approval without change in the terms of such loan, except as set forth in § 4.6. If lender's approval is not obtained by Loan Transfer Approval Deadline, this Contract will terminate on such deadline. Seller has the Right to Terminate under § 25.1, on or before Closing, in Seller's sole subjective discretion, if Seller is to be released from liability under such existing loan and Buyer does not obtain such compliance as set forth in § 4.6. 6. APPRAISAL PROVISIONS. 6.1. Appraisal Definition. An "Appraisal" is an opinion of value prepared by a licensed or certified appraiser, engaged on behalf of Buyer or Buyer's lender, to determine the Property's market value (Appraised Value). The Appraisal may also set forth certain lender requirements, replacements, removals or repairs necessary on or to the Property as a condition for the Property to be valued at the Appraised Value. 6.2. Appraisal Condition. The applicable appraisal provision set forth below applies to the respective loan type set forth in § 4.5.3, or if a cash transaction (i.e. no financing), § 6.2.1 applies. 6.2.1. Conventional/Other. Buyer has the right to obtain an Appraisal. If the Appraised Value is less than the Purchase Price, or if the Appraisal is not received by Buyer on or before Appraisal Deadline Buyer may, on or before Appraisal Objection Deadline, notwithstanding § 8.3 or § 13: 6.2.1.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated; or 6.2.1.2. Appraisal Objection. Deliver to Seller a written objection accompanied by either a copy of the Appraisal or written notice from lender that confirms the Appraisal Value is less than the Purchase Price. 6.2.1.3. Appraisal Resolution. If an Appraisal Objection is received by Seller, on or before Appraisal Objection Deadline, and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Appraisal Resolution Deadline (§ 3), this Contract will terminate on the Appraisal Resolution Deadline, unless Seller receives Buyer's written withdrawal of the Appraisal Objection before such termination, i.e., on or before expiration of Appraisal Resolution Deadline. 6.3. Lender Property Requirements. If the lender imposes any requirements, replacements, removals or repairs, including any specified in the Appraisal (Lender Requirements) to be made to the Property (e.g., roof repair, repainting), beyond those matters already agreed to by Seller in this Contract, Seller has the Right to Terminate under § 25.1, (notwithstanding § 10 of this Contract), on or before three days following Seller's receipt of the Lender Requirements, in Seller's sole subjective discretion. Seller's Right to Terminate in this § 6.3 does not apply if, on or before any termination by Seller pursuant to this § 6.3: (1) the parties enter into a written agreement regarding the Lender requirements; or (2) the Lender Requirements have been completed; or (3) the satisfaction of the Lender Requirements is waived in writing by Buyer. 6.4. Cost of Appraisal. Cost of the Appraisal to be obtained after the date of this Contract must be timely paid by Buyer ❑ Seller. The cost of the Appraisal may include any or all fees paid to the appraiser, appraisal management company, lender's agent or all three. CBS3-6-15. CONTRACT T Buyer initials UI'' AND SELL REAL ESTATE (COMMERCIAL) 8/14/2017 13:50 Page 5 of 1$ Seller initials ■ 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 7. OWNERS' ASSOCIATION. This Section is applicable if the Property is located within a Common Interest Community and subject to such declaration. 7.1. Common Interest Community Disclosure. THE PROPERTY IS LOCATED WITHIN A COMMON INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR THE COMMUNITY. THE OWNER OF THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNERS' ASSOCIATION FOR THE COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. THE DECLARATION, BYLAWS, AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL OBLIGATIONS UPON THE OWNER OF THE PROPERTY, INCLUDING AN OBLIGATION TO PAY ASSESSMENTS OF THE ASSOCIATION. IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, THE ASSOCIATION COULD PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT. THE DECLARATION, BYLAWS, AND RULES AND REGULATIONS OF THE COMMUNITY MAY PROHIBIT THE OWNER FROM MAKING CHANGES TO THE PROPERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE ASSOCIATION (OR A COMMITTEE OF THE ASSOCIATION) AND THE APPROVAL OF THE ASSOCIATION. PURCHASERS OF PROPERTY WITHIN THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE THE FINANCIAL OBLIGATIONS OF MEMBERS OF THE ASSOCIATION. PURCHASERS SHOULD CAREFULLY READ THE DECLARATION FOR THE COMMUNITY AND THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. 7.2. Owners' Association Documents. Owners' Association Documents (Association Documents) consist of the following: 7.2.1. All Owners' Association declarations, articles of incorporation, bylaws, articles of organization, operating agreements, rules and regulations, party wall agreements; 7.2.2. Minutes of most recent annual owners' meeting; 7.2.3. Minutes of any directors' or managers' meetings during the six-month period immediately preceding the date of this Contract. If none of the preceding minutes exist, then the most recent minutes, if any (§§ 7.2.1, 7.2.2 and 7.2.3, collectively, Governing Documents); and 7.2.4. The most recent financial documents which consist of: (1) annual and most recent balance sheet, (2) annual and most recent income and expenditures statement, (3) annual budget, (4) reserve study, and (5) notice of unpaid assessments, if any (collectively, Financial Documents). 7.3. Association Documents to Buyer. 7.3.1. Seller to Provide Association Documents. Seller is obligated to provide to Buyer the Association Documents, at Seller's expense, on or before Association Documents Deadline. Seller authorizes the Association to provide the Association Documents to Buyer, at Seller's expense. Seller's obligation to provide the Association Documents is fulfilled upon Buyer's receipt of the Association Documents, regardless of who provides such documents. 7.4. Conditional on Buyer's Review. Buyer has the right to review the Association Documents. Buyer has the Right to Terminate under § 25.1, on or before Association Documents Objection Deadline, based on any unsatisfactory provision in any of the Association Documents, in Buyer's sole subjective discretion. Should Buyer receive the Association Documents after Association Documents Deadline, Buyer, at Buyer's option, has the Right to Terminate under § 25.1 by Buyer's Notice to Terminate received by Seller on or before ten days after Buyer's receipt of the Association Documents. If Buyer does not receive the Association Documents, or if Buyer's Notice to Terminate would otherwise be required to be received by Seller after Closing Date, Buyer's Notice to Terminate must be received by Seller on or before Closing. If Seller does not receive Buyer's Notice to Terminate within such time, Buyer accepts the provisions of the Association Documents as satisfactory, and Buyer waives any Right to Terminate under this provision, notwithstanding the provisions of § 8.6 (Right of First Refusal or Contract Approval). 263 8. TITLE INSURANCE, RECORD TITLE AND OFF -RECORD TITLE. 264 8.1. Evidence of Record Title. 265 8.1.1. Seller Selects Tide Insurance Company. If this box is checked, Seller will select the title insurance 266 company to furnish the owner's title insurance policy at Seller's expense. On or before Record Title Deadline, Seller must furnish 267 to Buyer, a current commitment for owner's title insurance policy (Title Commitment), in an amount equal to the Purchase 268 Price, or if this box is checked, Q an Abstract of Title certified to a current date. Seller will cause the title insurance policy to be 269 issued and delivered to Buyer as soon as practicable at or after Closing. 270 8.1.2. Buyer Selects Title Insurance Company. If this box is checked, Buyer will select the title insurance 271 company to furnish the owner's title insurance policy at Buyer's expense. On or before Record Title Deadline, Buyer must 272 furnish to Seller, a current commitment for owner's title insurance policy (Tide Commitment), in an amount equal to the Purchase 273 Price. 274 If neither box in § 8.1.1 or § 8.1.2 is checked, § 8.1.1 applies. a 275 8.11.3. Owner's Extended Coverage (OEC). The Tide Commitment ! Will I _ I Will Not contain Owner's CBS3-6.I5. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) 8114/2017 13:50 Buyer initials Page 6 of 18 Seller initials 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 Extended Coverage (OEC). If the Title Commitment is to contain OEC, it will commit to delete or insure over the standard exceptions which relate to: (1) parties in possession, (2) unrecorded easements, (3) survey matters, (4) unrecorded mechanics' liens, (5) gap period (period between the effective date and time of commitment to the date and time the deed is recorded), and (6) unpaid taxes, assessments and unredeemed tax sales prior to the year of Closing. Any additional premium expense to obtain OEC will be paid by Buyer • Seller CI One -Half by Buyer and One -Half by Seller I1 Other N/A . Regardless of whether the Contract requires OEC, the Title Insurance Company may not provide OEC or delete or insure over any or all of the standard exceptions for OEC. The Title insurance Company may require a New Survey or New !LC, defined below, among other requirements for OEC. If the Title Insurance Commitment is not satisfactory to Buyer, Buyer has a right to object under § 8.4 (Right to Object to Title, Resolution). 8.1.4. Title Documents. Title Documents consist of the following: (l) copies of any plats, declarations, covenants, conditions and restrictions burdening the Property, and (2) copies of any other documents (or, if illegible, summaries of such documents) listed in the schedule of exceptions (Exceptions) in the Title Commitment furnished to Buyer (collectively, Title Documents). 8.1.5. Copies of Title Documents. Buyer must receive, on or before Record Title Deadline, copies of all Title Documents. This requirement pertains only to documents as shown of record in the office of the clerk and recorder in the county where the Property is located. The cost of furnishing copies of the documents required in this Section will be at the expense of the party or parties obligated to pay for the owner's title insurance policy. 8.1.6. Existing Abstracts of Title. Seller must deliver to Buyer copies of any abstracts of title covering all or any portion of the Property (Abstract of Title) in Seller's possession on or before Record Title Deadline. 8.2. Record Title. Buyer has the right to review and object to the Abstract of Title or Title Commitment and any of the Tide Documents as set forth in § 8.4 (Right to Object to Tide, Resolution) on or before Record Title Objection Deadline. Buyer's objection may be based on any unsatisfactory form or content of Tide Commitment or Abstract of Title, notwithstanding § 13, or any other unsatisfactory title condition, in Buyer's sole subjective discretion. If the Abstract of Tide, Title Commitment or Tide Documents are not received by Buyer on or before the Record Title Deadline, or if there is an endorsement to the Title Commitment that adds a new Exception to title, a copy of the new Exception to title and the modified Title Commitment will be delivered to Buyer. Buyer has until the earlier of Closing or ten days after receipt of such documents by Buyer to review and object to: (1) any required Title Document not timely received by Buyer, (2) any change to the Abstract of Title, Title Commitment or Title Documents, or (3) any endorsement to the 'Title Commitment. If Seller receives Buyer's Notice to Terminate or Notice of Title Objection, pursuant to this § 8.2 (Record Title), any title objection by Buyer is governed by the provisions set forth in § 8.4 (Right to Object to Title, Resolution). If Seller has fulfilled all Seller's obligations, if any, to deliver to Buyer all documents required by § 8.1 (Evidence of Record Title) and Seller does not receive Buyer's Notice to Terminate or Notice of Tide Objection by the applicable deadline specified above, Buyer accepts the condition of title as disclosed by the Abstract of Tide, Tide Commitment and Title Documents as satisfactory. 8.3. Off -Record Title. Seller must deliver to Buyer, on or before Off -Record Title Deadline, true copies of all existing surveys in Seller's possession pertaining to the Property and must disclose to Buyer all easements, liens (including, without limitation, governmental improvements approved, but not yet installed) or other title matters (including, without limitation, rights of first refusal and options) not shown by public records, of which Seller has actual knowledge (Off -Record Matters). Buyer has the right to inspect the Property to investigate if any third party has any right in the Property not shown by public records (e.g., unrecorded easement, boundary line discrepancy or water rights). Buyer's Notice to Terminate or Notice of Title Objection of any unsatisfactory condition (whether disclosed by Seller or revealed by such inspection, notwithstanding § 8.2 and § 13), in Buyer's sole subjective discretion, must be received by Seller on or before Off -Record Title Objection Deadline. If an Off -Record Matter is received by Buyer after the Off -Record Title Deadline, Buyer has until the earlier of Closing or ten days after receipt by Buyer to review and object to such Off -Record Matter. If Seller receives Buyer's Notice to Terminate or Notice of Title Objection pursuant to this § 8.3 (Off -Record Tide), any title objection by Buyer and this Contract are governed by the provisions set forth in § 8,4 (Right to Object to Tide, Resolution). If Seller does not receive Buyer's Notice to Terminate or Notice of Title Objection by the applicable deadline specified above, Buyer accepts title subject to such rights, if any, of third parties of which Buyer has actual knowledge. 8.4. Right to Object to Title, Resolution. Buyer's right to object to any title matters includes, but is not limited to those matters set forth in §§ 8.2 (Record Title), 8.3 (Off -Record Title) and 13 (Transfer of Title), in Buyer's sole subjective discretion. If Buyer objects to any title matter, on or before the applicable deadline, Buyer has the following options: 8.4.1. Title Objection, Resolution. If Seller receives Buyer's written notice objecting to any title matter (Notice of Title Objection), on or before the applicable deadline, and if Buyer and Seller have not agreed to a written settlement thereof on or before Title Resolution Deadline, this Contract will terminate on the expiration of Title Resolution Deadline, unless Seller receives Buyer's written withdrawal of Buyer's Notice of Title Objection (i.e., Buyer's written notice to waive objection to such items and waives the Right to Terminate for that reason), on or before expiration of Title Resolution Deadline. If either the Record Title Deadline or the Off -Record Title Deadline, or both, are extended to the earlier of Closing or ten days after receipt of Ixl CBS3-6-15. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) 8/14/2017 13:50 Buyer initials Seller initials Page 7 of 18 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 35l 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 the applicable documents by Buyer, pursuant to § 8.2 (Record Title) or § 8.3 (Off -Record Title), the Title Resolution Deadline also will be automatically extended to the earlier of Closing or fifteen days after Buyer's receipt of the applicable documents; or 8.4.2. Title Objection, Right to Terminate. Buyer may exercise the Right to Terminate under § 25.1, on or before the applicable deadline, based on any unsatisfactory title matter, in Buyer's sole subjective discretion. 8.5. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT' SUCH AN INCREASE IN MILL LEVIES. BUYERS SHOULD INVESTIGATE'1'HE SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE COUNTY TREASURER, BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY, AND BY OBTAINING FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR Buyer has the Right to Terminate under § 25.1, on or before Off -Record Title Objection Deadline, based on any unsatisfactory effect of the Property being located within a special taxing district, in Buyer's sole subjective discretion. 8.6. Right of First Refusal or Contract Approval. If there is a right of first refusal on the Property, or a right to approve this Contract, Seller must promptly submit this Contract according to the terms and conditions of such right. If the holder of the right of first refusal exercises such right or the holder of a right to approve disapproves this Contract, this Contract will terminate. If the right of rust refusal is waived explicitly or expires, or the Contract is approved, this Contract will remain in full force and effect. Seller must promptly notify Buyer in writing of the foregoing. If expiration or waiver of the right of first refusal or approval of this Contract has not occurred on or before Right of First Refusal Deadline, this Contract will then terminate. 8.7. Title Advisory. The Title Documents affect the title, ownership and use of the Property and should be reviewed carefully. Additionally, other matters not reflected in the Title Documents may affect the title, ownership and use of the Property, including, without limitation, boundary lines and encroachments, set -back requirements, area, zoning, building code violations, unrecorded easements and claims of easements, leases and other unrecorded agreements, water on or under the Property, and various laws and governmental regulations concerning land use, development and environmental matters. 8.7.1. OIL, GAS, WATER AND MINERAL DISCLOSURE. THE SURFACE ESTATE OF THE PROPERTY MAY BE OWNED SEPARATELY FROM THE UNDERLYING MINERAL ESTATE, AND TRANSFER OF THE SURFACE ESTATE MAY NOT NECESSARILY INCLUDE TRANSFER OF THE MINERAL ESTATE OR WATER RIGHTS. THIRD PARTIES MAY OWN OR LEASE INTERESTS IN OIL, GAS, OTHER MINERALS, GEOTHERMAL ENERGY OR WATER ON OR UNDER THE SURFACE OF THE PROPERTY, WHICH INTERESTS MAY GIVE THEM RIGHTS TO ENTER AND USE THE SURFACE OF THE PROPERTY TO ACCESS THE MINERAL ESTATE, OIL, GAS OR WATER. 8.7.2. SURFACE USE AGREEMENT. THE USE OF THE SURFACE ESTATE OF THE PROPERTY TO ACCESS THE OIL, GAS OR MINERALS MAY BE GOVERNED BY A SURFACE USE AGREEMENT, A MEMORANDUM OR OTHER NOTICE OF WHICH MAY BE RECORDED WITH THE COUNTY CLERK AND RECORDER. 8.7.3. OIL AND GAS ACTIVITY. OIL AND GAS ACTIVITY THAT MAY OCCUR ON OR ADJACENT TO THE PROPERTY MAY INCLUDE, BUT IS NOT LIMITED TO, SURVEYING, DRILLING, WELL COMPLETION OPERATIONS, STORAGE, OIL AM) GAS, OR PRODUCTION FACILITIES, PRODUCING WELLS, REWORKING OF CURRENT WELLS, AND GAS GATHERING ANI) PROCESSING FACILITIES. 8.7.4. ADDITIONAL INFORMATION. BUYER IS ENCOURAGED TO SEEK ADDITIONAL INFORMATION REGARDING OIL AND GAS ACTIVITY ON OR ADJACENT TO THE PROPERTY, INCLUDING DRILLING PERMIT APPLICATIONS. THIS INFORMATION MAY BE AVAILABLE FROM THE COLORADO OIL AND GAS CONSERVATION COMMISSION. 8.7.5. Title Insurance Exclusions. Matters set forth in this Section, and others, may be excepted, excluded from, or not covered by the owner's tide insurance policy. 8.8. Consult an Attorney. Buyer is advised to timely consult legal counsel with respect to all such matters as there are strict time limits provided in this Contract (e.g., Record Title Objection Deadline and Off -Record Title Objection Deadline). 382 9. NEW MC, NEW SURVEY. 383 9.1. New ILC or New Survey. If the box is checked, a New Improvement Location Certificate (New ILC) 384 1i New Survey in the form of N/A is required and the following will apply: 385 9.1.1. Ordering of New ILC or New Survey. Seller Buyer will order the New ILC or New Survey. The 386 New ILC or New Survey may also be a previous ILC or survey that is in the above -required form, certified and updated as of a 387 date after the date of this Contract. tx1 ■ IMEIMMIMIE CBS3-6-15. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) 8/14/2017 13:50 Buyer initials Seller initials Page 8 of 18 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 9.1.2. Payment for New ILC or New Survey. The cost of the New ILC or New Survey will be paid, on or before Closing, by: Seller E1 Buyer or: At Closing 9.13. Delivery of New ILC or New Survey. Buyer, Seller, the issuer of the Title Commitment (or the provider of the opinion of title if an Abstract of Title), and Buyer's attorney will receive a New ILC or New Survey on or before New ILC or New Survey Deadline. 9.1.4. Certification of New EC or New Survey. The New ILC or New Survey will be certified by the surveyor to all those who are to receive the New ILC or New Survey. 9.2. Buyer's Right to Waive or Change New ILC or New Survey Selection. Buyer may select a New ILC or New Survey different than initially specified in this Contract if there is no additional cost to Seller or change to the New ILC or New Survey Objection Deadline. Buyer may, in Buyer's sole subjective discretion, waive a New ILC or New Survey if done prior to Seller incurring any cost for the same. 9.3. New ILC or New Survey Objection. Buyer has the right to review and object to the New ILC or New Survey. If the New ILC or New Survey is not timely received by Buyer or is unsatisfactory to Buyer, in Buyer's sole subjective discretion, Buyer may, on or before New .ILC or New Survey Objection Deadline, notwithstanding § 8.3 or § 13: 93.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated; or 93.2. New ILC or New Survey Objection. Deliver to Seller a written description of any matter that was to be shown or is shown in the New ILC or New Survey that is unsatisfactory and that Buyer requires Seller to correct. 933. New ILC or New Survey Resolution. If a New ILC or New Survey Objection is received by Seller, on or before New ILC or New Survey Objection Deadline, and if a Buyer and Seller have not agreed in writing to a settlement thereof on or before New ILC or New Survey Resolution Deadline, this Contract will terminate on expiration of the New ILC or New Survey Resolution Deadline, unless Seller receives Buyer's written withdrawal of the New ILC or New Survey Objection before such termination, i.e., on or before expiration of New ILC or New Survey Resolution Deadline. I DISCLOSURE, INSPECTION AND DUE DILIGENCE 10. PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY AND DUE DILIGENCE. 10.1. Seller's Property Disclosure. On or before Seller's Property Disclosure Deadline, Seller agrees to deliver to Buyer the most current version of the applicable Colorado Real Estate Commission's Seller's Property Disclosure form completed by Seller to Seller's actual knowledge, current as of the date of this Contract. 10.2. Disclosure of Latent Defects; Present Condition. Seller must disclose to Buyer any latent defects actually known by Seller. Seller agrees that disclosure of latent defects will be in writing. Except as otherwise provided in this Contract, Buyer acknowledges that Seller is conveying the Property to Buyer in an "As Is" condition, "Where Is" and "With All Faults." 10.3. Inspection. Unless otherwise provided in this Contract, Buyer, acting in good faith, has the right to have inspections (by one or more third parties, personally or both) of the Property and Inclusions (Inspection), at Buyer's expense. If (1) the physical condition of the Property, including, but not limited to, the roof, walls, structural integrity of the Property, the electrical, plumbing, HVAC and other mechanical systems of the Property, (2) the physical condition of the Inclusions, (3) service to the Property (including utilities and communication services), systems and components of the Property (e.g. heating and plumbing), (4) any proposed or existing transportation project, road, street or highway, or (5) any other activity, odor or noise (whether on or off the Property) and its effect or expected effect on the Property or its occupants is unsatisfactory, in Buyer's sole subjective discretion, Buyer may, on or before Inspection Objection Deadline: 103.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated; or 10.3.2. Inspection Objection. Deliver to Seller a written description of any unsatisfactory physical condition that Buyer requires Seller to correct. 1033. Inspection Resolution. If an Inspection Objection is received by Seller, on or before Inspection Objection Deadline, and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Inspection Resolution Deadline, this Contract will terminate on Inspection Resolution Deadline unless Seller receives Buyer's written withdrawal of the Inspection Objection before such termination, i.e., on or before expiration of Inspection Resolution Deadline. 10.4. Damage, Liens and Indemnity. Buyer, except as otherwise provided in this Contract or other written agreement between the parties, is responsible for payment for all inspections, tests, surveys, engineering reports, or other reports performed at Buyer's request (Work) and must pay for any damage that occurs to the Property and Inclusions as a result of such Work. Buyer must not permit claims or liens of any kind against the Property for Work performed on the Property. Buyer agrees to indemnify, protect and hold Seller harmless from and against any liability, damage, cost or expense incurred by Seller and caused by any such Work, claim, or lien. This indemnity includes Seller's right to recover all costs and expenses incurred by Seller to defend against any such liability, damage, cost or expense, or to enforce this section, including Seller's reasonable attorney fees, legal fees and CBS3-6-15. CONTRA TO BUY AND SELL REAL ESTATE (COMMERCIAL) 8/14/2017 13:50 Page 9 of 18 Buyer initials Seller initials _ 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 expenses. The provisions of this section survive the termination of this Contract. This § 10.4 does not apply to items performed pursuant to an Inspection Resolution. 10.5. Insurability. Buyer has the right to review and object to the availability, terms and conditions of and premium for property insurance (Property Insurance). Buyer has the Right to Terminate under § 25.1, on or before Property Insurance Objection Deadline, based on any unsatisfactory provision of the Property Insurance, in Buyer's sole subjective discretion. 10.6. Due Diligence. 10.6.1. Due Diligence Documents. If the respective box is checked, Seller agrees to deliver copies of the following documents and information pertaining to the Property (Due Diligence Documents) to Buyer on or before Due Diligence Documents Delivery Deadline: Q 10.6.1.1. All contracts relating to the operation, maintenance and management of the Property; �J 10.6.1.2. Property tax bills for the last NSA years; 10.6.1.3. As -built construction plans to the Property and the tenant improvements, including architectural, electrical, mechanical, and structural systems, engineering reports, and permanent Certificates of Occupancy, to the extent now available; 10.6.1.4. A list of all Inclusions to be conveyed to Buyer; 10.6.1.5. Operating statements for the past N/A years; 10.6.1.6. A rent roll accurate and correct to the date of this Contract; 10.6.1.7. All current leases, including any amendments or other occupancy agreements, pertaining to the Property. Those leases or other occupancy agreements pertaining to the Property that survive Closing are as follows (Leases): ■ El ■ I N/A [� 10.6.1.8. A schedule of any tenant improvement work Seller is obligated to complete but has not yet been completed and capital improvement work either scheduled or in process on the date of this Contract; 10.6.1.9. All insurance policies pertaining to the Property and copies of any claims which have been made for the past 2 years; 10.6.1.10. Soils reports, surveys and engineering reports or data pertaining to the Property (if not delivered earlier under § 8.3); 10.6.1.11. E3 ■ ■ Any and all existing documentation and reports regarding Phase I and II environmental reports, letters, test results, advisories, and similar documents respective to the existence or nonexistence of asbestos, PCB transformers, or other toxic, hazardous or contaminated substances, and/or underground storage tanks and/or radon gas. If no reports are in Seller's possession or known to Seller, Seller warrants that no such reports are in Seller's possession or known to Seller; CI 10.6.1.12. Any Americans with Disabilities Act reports, studies or surveys concerning the compliance of the Property with said Act; 10.6.1.13. All permits, licenses and other building or use authorizations issued by any governmental authority with jurisdiction over the Property and written notice of any violation of any such permits, licenses or use authorizations, if any; and ■ 10.6.1.14. Other documents and information: Any pertinent documents to the property in Seller's possession. 10.6.2. Due Diligence Documents Review and Objection. Buyer has the right to review and object to Due Diligence Documents. If the Due Diligence Documents are not supplied to Buyer or are unsatisfactory in Buyer's sole subjective discretion, Buyer may, on or before Due Diligence Documents Objection Deadline: 10.6.2.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated; or 10.6.2.2. Due Diligence Documents Objection. Deliver to Seller a written description of any unsatisfactory Due Diligence Documents that Buyer requires Seller to correct. 10.6.2.3. Due Diligence Documents Resolution. If a Due Diligence Documents Objection is received by Seller, on or before Due Diligence Documents Objection Deadline, and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Due Diligence Documents Resolution Deadline, this Contract will terminate on Due Diligence Documents Resolution Deadline unless Seller receives Buyer's written withdrawal of the Due Diligence Documents Objection before such termination, i.e., on or before expiration of Due Diligence Documents Resolution Deadline. 10.6.3. Zoning. Buyer has the Right to Terminate under § 25.1, on or before Due Diligence Documents Objection Deadline, based on any unsatisfactory zoning and any use restrictions imposed by any governmental agency with jurisdiction over the Property, in Buyer's sole subjective discretion. 10.6.4. Due Diligence -- Environmental, ADA. Buyer has the right to obtain environmental inspections of the CBS3.6.15. CONTRA TO BUY AND SELL REAL ESTATE (COMMERCIAL) 8/14/2017 13:50 Page 10 of 18 Bayer initials Seller initials XI 499 Property including Phase I and Phase II Environmental Site Assessments, as applicable. ❑ Seller Buyer will order or provide 500 Phase I Environmental Site Assessment, Phase II Environmental Site Assessment (compliant with most current version of the 501 applicable ASTM El 527 standard practices for Environmental Site Assessments) and/or N/A, at the expense 502 of Seller Buyer (Environmental Inspection). In addition, Buyer, at Buyer's expense, may also conduct an evaluation 503 whether the Property complies with the Americans with Disabilities Act (ADA Evaluation). All such inspections and evaluations 504 must be conducted at such times as are mutually agreeable to minimize the interruption of Seller's and any Seller's tenants' 505 business uses of the Property, if any. 506 If Buyer's Phase I Environmental Site Assessment recommends a Phase II Environmental Site Assessment, the 507 Environmental Inspection Objection Deadline will be extended by 14 days (Extended Environmental Inspection Objection 508 Deadline) and if such Extended Environmental Inspection Objection Deadline extends beyond the Closing Date, the Closing Date 509 will be extended a like period of time. In such event, Seller Buyer must pay the cost for such Phase B Environmental Site 510 Assessment. 511 Notwithstanding Buyer's right to obtain additional environmental inspections of the Property in this § 10.6.5, Buyer has the 512 Right to Terminate under § 25.1, on or before Environmental Inspection Objection Deadline, or if applicable, the Extended 513 Environmental Inspection Objection Deadline, based on any unsatisfactory results of Environmental Inspection, in Buyer's sole 514 subjective discretion. 515 Buyer has the Right to Terminate under § 25.1, on or before ADA Evaluation Objection Deadline, based on any 516 unsatisfactory ADA Evaluation, in Buyer's sole subjective discretion. 517 10.7. Conditional Upon Sale of Property. This Contract is conditional upon the sale and closing of that certain property 518 owned by Buyer and commonly known as N/A . Buyer has the Right to Terminate 519 under § 25.1 effective upon Seller's receipt of Buyer's Notice to Terminate on or before Conditional Sale Deadline if such 520 property is not sold and closed by such deadline. This § 10.7 is for the sole benefit of Buyer. If Seller does not receive Buyer's 521 Notice to Terminate on or before Conditional Sale Deadline, Buyer waives any Right to Terminate under this provision. 522 10.8. Existing Leases; Modification of Existing Leases; New Leases. Seller states that none of the Leases to be assigned 523 to the Buyer at the time of Closing contain any rent concessions, rent reductions or rent abatements except as disclosed in the 524 Lease or other writing received by Buyer. Seller will not amend, alter, modify, extend or cancel any of the Leases nor will Seller 525 enter into any new leases affecting the Property without the prior written consent of Buyer, which consent will not be unreasonably 526 withheld or delayed. 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 ■ P1 lxi ■ 11. TENANT ESTOPPEL STATEMENTS. 11.1. Tenant Estoppel Statements Conditions. Buyer has the right to review and object to any Estoppel Statements. Seller must obtain and deliver to Buyer on or before Tenant Estoppel Statements Deadline, statements in a form and substance reasonably acceptable to Buyer, from each occupant or tenant at the Property (Estoppel Statement) attached to a copy of the Lease stating: 11.1.1. 11.1.2. amendments; 11.1.3. 11.1.4. 11.1.5. 11.1.6. The commencement date of the Lease and scheduled termination date of the Lease; That said Lease is in full force and effect and that there have been no subsequent modifications or The amount of any advance rentals paid, rent concessions given, and deposits paid to Seller; The amount of monthly (or other applicable period) rental paid to Seller; That there is no default under the terms of said Lease by landlord or occupant; and That the Lease to which the Estoppel is attached is a true, correct and complete copy of the Lease demising the premises it describes. 11.2. Tenant Estoppel Statements Objection. Buyer has the Right to Terminate under § 25.1, on or before Tenant Estoppel Statements Objection Deadline, based on any unsatisfactory Estoppel Statement, in Buyer's sole subjective discretion, or if Seller fails to deliver the Estoppel Statements on or before Tenant Estoppel Statements Deadline. Buyer also has the unilateral right to waive any unsatisfactory Estoppel Statement. CLOSING PROVISIONS I 546 12. CLOSING DOCUMENTS, INSTRUCTIONS AND CLOSING. 547 12.1. Closing Documents and Closing Information. Seller and Buyer will cooperate with the Closing Company to 548 enable the Closing Company to prepare and deliver documents required for Closing to Buyer and Seller and their designees. I€ 549 Buyer is obtaining a new loan to purchase the Property, Buyer acknowledges Buyer's lender is required to provide the Closing 550 Company, in a timely manner, all required loan documents and financial information concerning Buyer's new loan. Buyer and 551 Seller will furnish any additional information and documents required by Closing Company that will be necessary to complete this 552 transaction. Buyer and Seller will sign and complete all customary or reasonably required documents at or before Closing. CBS3-6-15. CONTRACT 'O BUY AND SELL REAL ESTATE (COMMERCIAL) 8/14/2017 13:50 Page 11 of 18 Buyer initials Seller initials 553 12.2. Closing Instructions. Colorado Real Estate Commission's Closing Instructions Ei Are 554 this Contract. 555 12.3. Closing. Delivery of deed from Seller to Buyer will be at closing (Closing). Closing will be on the date specified as 556 the Closing Date or by mutual agreement at an earlier date. The hour and place of Closing will be as designated by 557 Mutual agreement of Buyer/Seller/Title Company. 558 12.4. Disclosure of Settlement Costs. Buyer and Seller acknowledge that costs, quality, and extent of service vary 559 between different settlement service providers (e.g., attorneys, lenders, inspectors and title companies). 560 13. TRANSFER OF TITLE. Subject to tender of payment at Closing as required herein and compliance by Buyer with the 561 other terms and provisions hereof, Seller must execute and deliver a good and sufficient General Warranty deed 562 to Buyer, at Closing, conveying the Property free and clear of all taxes except the general taxes for the year of Closing. Except as 563 provided herein, title will be conveyed free and clear of all liens, including any governmental liens for special improvements 564 installed as of the date of Buyer's signature hereon, whether assessed or not. Title will be conveyed subject to: 565 13.1. Those specific Exceptions described by reference to recorded documents as reflected in the Title Documents 566 accepted by Buyer in accordance with Record Title, 567 13.2. Distribution utility easements (including cable TV), 568 13.3. Those specifically described rights of third parties not shown by the public records of which Buyer has actual 569 knowledge and which were accepted by Buyer in accordance with Off -Record Title and New ILC or New Survey, 570 13.4. Inclusion of the Property within any special taxing district, and 571 13.5. Any special assessment if the improvements were not installed as of the date of Buyer's signature hereon, whether 572 assessed prior to or after Closing, and 573 13.6. Other None other. Are Not executed with 574 14. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid will be paid at or before Closing from the 575 proceeds of this transaction or from any other source. 576 15. CLOSING COSTS, CLOSING FEE, ASSOCIATION FEES AND TAXES. 577 15.1. Closing Costs. Buyer and Seller must pay, in Good Funds, their respective closing costs and all other items required 578 to be paid at Closing, except as otherwise provided herein. 579 15.2. Closing Services Fee. The fee for real estate closing services must be paid at Closing by Seller 580 One -Half by Buyer and One -Half by Seller Other N/A . 581 15.3. Status Letter and Record Change Fees. Any fees incident to the issuance of Association's statement of 582 assessments (Status Letter) must be paid by None Q Buyer ❑ Seller One -Half by Buyer and One -Half by Seller. 583 Any record change fee assessed by the Association including, but not limited to, ownership record transfer fees regardless of name 584 or title of such fee (Association's Record Change Fee) must be paid by Q None Buyer O Seller D One -Half by Buyer 585 and One -Half by Seller. 586 15.4. Local Transfer Tax. ii The Local Transfer Tax of N/A % of the Purchase Price must be paid at Closing by 587 None Buyer Seller O One -Half by Buyer and One -Half by Seller. 588 15.5. Private Transfer Fee. Private transfer fees and other fees due to a transfer of the Property, payable at Closing, such 589 as community association fees, developer fees and foundation fees, must be paid at Closing by None Buyer Seller 590 O One -Half by Buyer and One -Half by Seller. The Private Transfer fee, whether one or more, is for the following association(s): 591 None in the total amount of N/A % of the Purchase Price or $ N/A . 592 15.6. Water Transfer Fees. The Water Transfer Fees can change. The fees, as of the date of this Contract, do not exceed 593 $ N/A for: 594 Water Stock/Certificates Water District 595 Augmentation Membership ❑ Small Domestic Water Company Q N/A 596 and must be paid at Closing by None Buyer Seller One -Half by Buyer and One -Half by Seller. 597 15.7. Sales and Use Tax. Any sales and use tax that may accrue because of this transaction must be paid when due by 598 None O Buyer Seller One -Half by Buyer and One -Half by Seller . E2 ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ M ■ ■ ■ ■ ■ ■ ■ Buyer I ■ ■ 599 16. PRORATIONS. The following will be prorated to Closing Date, except as otherwise provided: 600 16.1. Taxes. Personal property taxes, if any, special taxing district assessments, if any, and general real estate taxes for the 601 year of Closing, based on Taxes for the Calendar Year Immediately Preceding Closing n Most Recent Mill Levy and 602 Most Recent Assessed Valuation, adjusted by any applicable qualifying seniors property tax exemption, qualifying disabled 603 veteran exemption or Other NIA. 604 16.2. Rents. Rents based on Rents Actually Received LI Accrued. At Closing, Seller will transfer or credit to 605 Buyer the security deposits for all Leases assigned, or any remainder after lawful deductions, and notify all tenants in writing of r ■ ■ CBS3-6-I5. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) 8/14/2017 13:50 Page 12 of 1$ Buyer Initials Seller initials ■ 606 such transfer and of the transferee's name and address. Seller must assign to Buyer all Leases in effect at Closing and Buyer must 607 assume Seller's obligations under such Leases. 608 16.3. Association Assessments. Current regular Association assessments and dues (Association Assessments) paid in 609 advance will be credited to Seller at Closing. Cash reserves held out of the regular Association Assessments for deferred 610 maintenance by the Association will not be credited to Seller except as may be otherwise provided by the Governing Documents. 611 Buyer acknowledges that Buyer may be obligated to pay the Association, at Closing, an amount for reserves or working capital. 612 Any special assessment assessed prior to Closing Date by the Association will be the obligation of Buyer • Seller. Except 613 however, any special assessment by the Association for improvements that have been installed as of the date of Buyer's signature 614 hereon, whether assessed prior to or after Closing, will be the obligation of Seller. Seller represents that the Association 615 Assessments are currently payable at approximately $ N/A per N/A and that there are no unpaid regular 616 or special assessments against the Property except the current regular assessments and N/A. Such 617 assessments are subject to change as provided in the Governing Documents. Seller agrees to promptly request the Association to 618 deliver to Buyer before Closing Date a current Status Letter. 619 16.4. Other Prorations. Water and sewer charges, propane, interest on continuing loan, and Any prorations i on.s normal to the sale of commercial property in the City of Greeley. 620 16.5. Final Settlement. Unless otherwise agreed in writing, these pmrations are final. 621 17. POSSESSION. Possession of the Property will be delivered to Buyer on Possession Date at Possession Time, subject to 622 the Leases as set forth in § 10.6.1.7. 623 624 625 626 627 ■ If Seller, after Closing, fails to deliver possession as specified, Seller will be subject to eviction and will be additionally liable to Buyer for payment of $ 50.00 per day (or any part of a day notwithstanding § 18.1) from Possession Date and Possession Time until possession is delivered. I GENERAL PROVISIONS 628 18. DAY; COMPUTATION OF PERIOD OF DAYS, DEADLINE. 629 18.1. Day. As used in this Contract, the term "day" means the entire day ending at 11:59 p.m., United States Mountain 630 Time (Standard or Daylight Savings as applicable). 631 18.2. Computation of Period of Days, Deadline. In computing a period of days, when the ending date is not specified, 632 the first day is excluded and the last day is included (e.g., three days after MEC). If any deadline falls on a Saturday, Sunday or 633 federal or Colorado state holiday (Holiday), such deadline Ni Will ■ Will Not be extended to the next day that is not a 634 Saturday, Sunday or Holiday. Should neither box be checked, the deadline will not be extended. 635 19. CAUSES OF LOSS, INSURANCE; DAMAGE TO INCLUSIONS AND SERVICES; CONDEMNATION; AND 636 WALK-THROUGH. Except as otherwise provided in this Contract, the Property, Inclusions or both will be delivered in the 637 condition existing as of the date of this Contract, ordinary wear and tear excepted. 638 19.1. Causes of Loss, Insurance. In the event the Property or Inclusions are damaged by fire, other perils or causes of 639 loss prior to Closing in an amount of not more than ten percent of the total Purchase Price (Property Damage), and if the repair of 640 the damage will be paid by insurance (other than the deductible to be paid by Seller), then Seller, upon receipt of the insurance 641 proceeds, will use Seller's reasonable efforts to repair the Property before Closing Date. Buyer has the Right to Terminate under 642 § 25.1, on or before Closing Date if the Property is not repaired before Closing Date or if the damage exceeds such sum. Should 643 Buyer elect to carry out this Contract despite such Property Damage, Buyer is entitled to a credit at Closing for all insurance 644 proceeds that were received by Seller (but not the Association, if any) resulting from damage to the Property and Inclusions, plus 645 the amount of any deductible provided for in the insurance policy. This credit may not exceed the Purchase Price. In the event 646 Seller has not received the insurance proceeds prior to Closing, the parties may agree to extend the Closing Date to have the 647 Property repaired prior to Closing or, at the option of Buyer, (1) Seller must assign to Buyer the right to the proceeds at Closing, if 648 acceptable to Seller's insurance company and Buyer's lender; or (2) the parties may enter into a written agreement prepared by the 649 parties or their attorney requiring the Seller to escrow at Closing from Seller's sale proceeds the amount Seller has received and 650 will receive due to such damage, not exceeding the total Purchase Price, plus the amount of any deductible that applies to the 651 insurance claim. 652 19.2. Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication 653 services), system, component or fixture of the Property (collectively Service) (e.g., heating or plumbing), fail or be damaged 654 between the date of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement 655 of such Inclusion or Service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the 656 maintenance or replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance 657 proceeds received by Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or 658 replaced on or before Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before CBS3-6-15. CONTRACT ) BUY AND SELL REAL ESTATE (COMMERCIAL) 8/14/2017 13:50 Page 13 of 18 Buyer initials Seller initials 659 660 661 662 663 664 665 666 667 668 669 670 Closing Date, or, at the option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement Service. Such credit must not exceed the Purchase Price. If Buyer receives such a � P nt of such Inclusion or Y credit, Seller's right for any claim against the Association, if any, will survive Closing. Seller and Buyer are aware of the existence of pre -owned home may be purchased and may cover the repair or replacement of such Inclusions. warranty programs that 19.3. Condemnation. In the event Seller receives actual notice prior to Closing that apending condemnation result in a taking of all or part of the Property or Inclusions, Seller must promptly notify • action may action. Buyer has the Right to Terminate under 25.1, on P P y Buyer' in writing, of such condemnation §or before Closing Date, based on such condemnation action, in Buyer's sole subjective discretion. Should Buyer elect to consummate this Contract despite such diminution of value Inclusions, Buyer is entitled to a credit at Closing for all condemnation proceeds r to the Property and awarded to Seller for the diminution in the value of the Property or Inclusions but such credit will not include relocation benefits or expenses, or exceed 19.4. Walk -Through and Verification of Condition. Buyer, P the Purchase Price. upon reasonable notice, has the right to walk through the Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with nth this Contract. 671 20. RECOI♦MVIENDATIoN OF LEGAL AND TAX COUNSEL. By signing this Contract, Buyer 672 that the respective broker has advised that this Contract has important legal g g and Seller acknowledge po consequences and has recommended the examination 673 of title and consultation with legal and tax or other counsel before signing this Contract. 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 21. TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of the essence for all dates and This means that all dates and deadlines are strict and absolute. If a deadl'nes in this Contract. any payment eat due, including Earnest Money, is not paid, honored or tendered when due, or if any obligation is not performed timely as provided in this Contract or waive the party has the following remedies: non -defaulting 21.1. If Buyer is in Default: Q 21..1.1. Specific Performance. Seller may elect to cancel this Contract . by Buyer) will be paid to Seller and retained by Seller. It is agreed and all Earnest Money (whether or not paid that the Earnest Money is not a penalty, and the Parties agree the amount is fair and reasonable. Seller may recover such additional damages as may be proper. Alternatively, to treat this Contract as being in full force and effect and Seller has the right to • lively, Seller may elect g specific performance or damages, or both. 21.1.1 Liquidated Damages, Applicable. This § 21.1.2 applies unless the box in § 21.1.1. is checked. may cancel this Contract. All Earnest Money (whether or not paid by Buyer) will Seller Y ) be paid to Seller, and retained by Seller. It is agreed that the Earnest Money specified in § 4.1 is LIQUIDATED DAMAGES, and not a penalty, which ' is fair and reasonable and (except pe tY, amount the parties agree as provided in §§ 10.4, 22, 23 and 24), said payment of Earnest Money is SELLER'S ONLY REMEDY for Buyer's failure to perform the obligations of this Contract. Seller expressly waives the remedies performance and additional damages. medtes of specific 21.2. If Seller is in Default: Buyer may elect to treat this Contract as canceled, in which case all ana es as hereunder will be returned and Buyer may recover such damages Y proper. roar. Alternatively,Earnest Money received Contract as being in full force and effect and Buyer has Buyer may elect to treat this y the right to specific performance or damages, or both. 692 22. LEGAL FEES, COST AND EXPENSES. Anything to the contrary herein notwithstanding, 693 or litigation relating to this Contract,prior to or after in the event of any arbitration Closing Date, the arbitrator or court must award to the prevailing party 694 all reasonable costs and expenses, including attorney fees, legal fees and expenses. 695 23. MEDIATION. If a dispute arises relating to this Contract, (whether prior to or after Closing) g) and is not resolved, the parties 696 must first proceed, in good faith, to mediation. Mediation is a process in which the parties meet with an 697 to resolve the dispute informally and confidentially. Mediators cannot im o�►e bindinimpartial person who helps 698 binding, the parties to the dispute must agree to the settlement,pg decisions. Before any mediated settlement is g in writing. The parties will jointly appoint an acceptable mediator 699 and will share equally in the cost of such mediation. The obligation to mediate, unless otherwise 700 dispute is not resolved within thirty days of the date written notice requestingues agreed, will terminate if the entire 701 that party's last known address ( or electronic as tying mediation is delivered by one party to the other at physical provided in § 27). Nothing in this Section prohibits either party from 702 filing a lawsuit and recording a lis pendens affecting the Property, before or after the date of written 703 This section will not alter any date in this Contract, unless otherwise agreed. notice requesting mediation. 704 24. EARNEST MONEY DISPUTE Except as otherwise provided herein, Earnest Money 705 Money following receipt of written mutual instructions, signed by both Holder must release the Earnest g Buyer and Seller. In the event of any controversy regarding 706 the Earnest Money, Earnest Money Holder is not required to release the Earnest Money. 707 subjective discretion, has several options: (1) wait for any proceeding y Earnest Money Holder, in its sole p g between Buyer and Seller; (2) interplead all parties and 708 deposit Earnest Money into a court of competent jurisdiction, (Earnest Money Holder is 709 reasonable attorney and legal fees incurred with such action • or entitled to recover court costs and )� (3) provide notice to Buyer and Seller that unless Earnest Money 710 Holder receives a copy of the Summons and Complaint or Claim (between Buyer and Seller) ' 711 lawsuittwenty Y containing the case number of the (Lawsuit) within one hundred days of Earnest Money Holder's notice to the parties, Earnest Money oney Holder is CBS346-15. CONTRACT TO BUY AN!) SELL REAL ESTATE (COMMERCIAL) 8/14/2017 13:50 Page 14 ©f 18 Buyer initials Seller initials 712 authorized to return the Earnest Money to Buyer. In the event Earnest Money Holder does receive a copy of the Lawsuit, and has 713 not interpled the monies at the time of any Order, Earnest Money Holder must disburse the Earnest Money pursuant to the Order 714 of the Court. The parties reaffirm the obligation of Mediation. This Section will survive cancellation or termination of this 715 Contract. 716 25. TERMLNATION. 717 25.1. Right to Terminate. If a party has a right to terminate, as provided in this Contract (Right to Terminate), the 718 termination is effective upon the other party's receipt of a written notice to terminate (Notice to Terminate), provided such written 719 notice was received on or before the applicable deadline specified in this Contract. If the Notice to Terminate is not received on or 720 before the specified deadline, the party with the Right to Terminate accepts the specified matter, document or condition as 721 satisfactory and waives the Right to Terminate under such provision. 722 25.2. Effect of Termination. In the event this Contract is terminated, all Earnest Money received hereunder will be 723 returned and the parties are relieved of all obligations hereunder, subject to §§ 10.4, 22, 23 and 24. 724 26. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL; SUCCESSORS. This Contract, its exhibits and specified 725 addenda, constitute the entire agreement between the parties relating to the subject hereof, and any prior agreements pertaining 726 thereto, whether oral or written, have been merged and integrated into this Contract. No subsequent modification of any of the 727 terms of this Contract is valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. Any right 728 or obligation in this Contract that., by its terms, exists or is intended to be performed after termination or Closing survives the 729 same. Any successor to a Party receives the predecessor's benefits and obligations of this Contract. 730 27. NOTICE, DELIVERY, AND CHOICE OF LAW. 731 27.1. Physical Delivery and Notice. Any document, or notice to Buyer or Seller must be in writing, except as provided in 732 § 27.2, and is effective when physically received by such party, any individual named in this Contract to receive documents or 733 notices for such party, the Broker, or Brokerage Firm of Broker working with such party (except any notice or delivery after 734 Closing must be received by the party, not Broker or Brokerage Finn). 735 27.2. Electronic Notice. As an alternative to physical delivery, any notice, may be delivered in electronic form to Buyer 736 or Seller, any individual named in this Contract to receive documents or notices for such party, the Broker or Brokerage Firm of 737 Broker working with such party (except any notice or delivery after Closing must be received by the party; not Broker or 738 Brokerage Firm) at the electronic address of the recipient by facsimile, email or N/A. 739 273. Electronic Delivery. Electronic Delivery of documents and notice may be delivered by: (I) email at the email 740 address of the recipient, (2) a link or access to a website or server provided the recipient receives the information necessary to 741 access the documents, or (3) facsimile at the Fax No. of the recipient. 742 27.4. Choice of Law. This Contract and all disputes arising hereunder are governed by and construed in accordance with 743 the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado for real property 744 located in Colorado. 745 28. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal will expire unless accepted in writing, by Buyer and 746 Seller, as evidenced by their signatures below, and the offering party receives notice of such acceptance pursuant to § 27 on or 747 before Acceptance Deadline Date and Acceptance Deadline Tune. If accepted, this document will become a contract between 748 Seller and Buyer. A copy of this Contract may be executed by each party, separately, and when each party has executed a copy 749 thereof, such copies taken together are deemed to be a full and complete contract between the parties. 750 29. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith including, but not 751 limited to, exercising the rights and obligations set forth in the provisions of Financing Conditions and Obligations, Title 752 Insurance, Record'title and Off -Record Title, New ILC, New Survey and Property Disclosure, Inspection, Indemnity, 753 Insurability and Due Diligence. 754 755 ADDITIONAL PROVISIONS AND ATTACHMENTS 1 756 30. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate 757 Commission.) 758 30.1) DUE DILIGENCE PERIOD: Buyer has 15 days from Mutual Execution of Contract (MEC) to fully inspect the property, title, unrecorded property facts, easements, egress/ingress, environmental, zoning for intended use, existing survey/plats, IVAC, utilities/wells/sump pumps/septic tanks and any other item Buyer deems necessary, in Buyer's sole opinion, to accept property "as -is, where -is". Should asmie CBS3-6-15. CONTRACT T BUY AND SELL REAL ESTATE (COMMERCIAL) 8/1412017 13:50 Page 15 of 18 a - Buyer initials Seller initials Buyer, in Buyer's sole opinion, determine any finding unsatisfactory, Buyer may rescind the purchase agreement and immediately have the Earnest Mooney refunded. 759 760 761 762 763 764 765 31. AiIACHIvIENTS. 766 31.1. The following attachments are a part of this Contract: 767 N/A 768 769 770 771 772 31.2. The following disclosure forms art attached but are not a part of this Contract 773 N/A 774 775 776 777 � - SIGNATURES 1 778 Buyer's Name: Weld County Colorado Buy t Steti ture Julia Cozad Date Address: 1150 0 St set Phone No.: Fax No.: Email Address: Greeley, Co 80631 N/A N/A Nei 779 [NOTE: If this offer is being countered or rejected, do not sign this document. Refer to 132J Seller's Name: RT Pagano 44C Seller's Signature Address: Phone No.: Fax No.: Email Address: 780 781 32. COUNTER; REJECTION. This offer i Countered Q Rejected. Date ) • -W ...461.44.4. . OR w. r • - CBS3.b.15. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) W141201713:50 Page 16 ern Buyer 'ankh Seller Initials Buyer, in Buyer's sole opinion, determine any finding unsatisfactory, Buyer may rescind the purchase agreement and immediately have the Earnest Money refunded. 759 760 761 762 763 764 765 31. ATTACHMENTS. 766 31.1. The following attachments are a part of this Contract: 767 N/A 768 769 770 771 772 31.2. The following disclosure forms are attached but are not a part of this Contract: 773 N/A 774 775 776 777 778 Phone No.: Fax No.: Email Address: SIGNATURES Buyer's Name: Weld County Colorado attire Julie Cozad Address: 1150 O Street Greeley, CO 80631 N/A N/A N/A Date 779 [NOTE: If this offer is being countered or rejected, do not sign this document. Refer to * 3211 Seller's Name: RT Pagano LLW Seller's Signature Address: Phone No.: Fax No.: Email Address: 780 781 32. COUNTER; REJECTION. This offer is ■ Countered El Rejected. Date MEM _ CBS3-6-15. CONTRACT TO BUY AND SELL REAL ESTATE (COMMERCIAL) 8/14/2017 13:50 Page 16 of 18 Buyer initials Seller initials 782 Initials only of party (Buyer or Seller) who countered or rejected otter 783 END OF CONTRACT TO BUY AND SELL REAL ESTATE 33. BROKER'S ACKNOWLEDGMENI S AND COMPENSATION D1SCLOSURL. (lb be completed by Broker working with Buyer) Broker U Does Does Not acknowledge receipt of Earnest Money deposit and, while not a party to the Contract, agrees to cooperate upon request with any mediation concluded under § 23. Broker agrees that if Brokerage Firm is the Earnest Money Holder and, except as provided in I} 24, if the Earnest Money has not already been returned following receipt of a Notice to Terminate or other written notice of termination, Earnest Money Holder will release the Earnest Money as directed by the written mutual instructions. Such release of Earnest Money will be made within five days of Earnest Money Holder's receipt of the executed written mutual instructions, provided the Earnest Money check has cleared. Broker is working with Buyer as a Buyer's Agent ❑ Seller's Agent 0 Ilianactionaroker in this transaction. 0 This is a Change of Status. Brokerage Firm's compensation or commission is to be paid by Q Listing Brokerage Firm CI Buyer II Other N/A . Brokerage Firm's Name: Wheeler management Group Rroktr's Name: James Vetting Address: Phone No.: Fax No.: Email Address: Fritifo{i7 roker s Signature: Date 2.7t.1 $i':t Arent:er: Suite B Greeley, CO 80634 (970) 352-5860 (970)332-0117 N/A 34. BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. (To be completed by Broker working with Seller) Broker U Does ?2't -, Not acknowledge receipt of Earnest Money deposit and, while not a party to the Contact, agrees to cooperate upon - nest with any mediation concluded under 123. Broker agrees that if Brokerage Finn is the Earnest Money Holder and, except as provided in f 24, if the Earnest Money has not already been returned following receipt of a Notice to Terminate or other written notice of termination, Earnest Money Holder will release the Earnest Money as directed by the written mutual instructions. Such release of Earnest Money will be made within five days of Earnest Monny Holder's receipt of the executed written mutual instructions, provided the Earnest Money check has cleared. ., • Broker is working with Seller as a teller's Agent ❑ Buyer's Agent ruction -Broker in this transaction. ❑ This is a Change of Status. Brokerage Firm's compensation or commission is to be paid by Seller El Buyer 0 Other IVAA . Brokerage Firm's Name: N/a Broker's Name: 11/A Broker's Signature. Date C8.S34-I5. CONTRA G" )TO BUY AND SFJ.t. REAL F.STA►TE (CGMMERCIAL) 8/14/2017 13:50 Page 17 at 18 Buyer initials Seiler Initials Hello