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Home My WebLink About20170110CERTIFICATE OF CONVEYANCES STATE OF COLORADO COUNTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SERVICES Land Title Order No.: Regional Transportation District The Land Title Guarantee Company TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. Legal Description: The South Half of the Northwest Quarter of Section 20, Township 1 North, Range 66 West of the 6th P.M., Except a parcel of land conveyed in Deed recorded in Book 1088 at Page 10, and Except Right of Way for the line of railroad of the Union Pacific Railroad Company over the Westerly portion of the land, as evidenced by Affidavit recorded October 25, 1977 in Book 812 at Reception No. 1734043 And The Southwest Quarter of the Northeast Quarter and the Northwest Quarter of the Southeast Quarter of Section 20, Township 1 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado, Except a parcel of land conveyed by Agreement recorded in Book 208 at Page 105 CONVEYANCES (if none appear, so state): Reception No. 1422516, Book 498 Reception No. 1422517, Book 498 Reception No. 1578899, Book 657 Reception No. 2166770, Book 1220 Reception No. 3137286 Reception No. 3137287 Reception No. 3507571 Reception No. 3507572 Reception No. 3560381 Reception No. 3560385 This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title, nor an opinion of Title, nor a guarantee Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 15th day of July, 2016 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPANY B Heidi Crue, Title Examiner 498 R poemedet..J.tl..°._pod>.trr er DEC 2 — 1953 ... 1.422516 ..............._.......... B.eE eo ...,..... ..........,.. `_.....-.,............. .SEDAtuG St,00,de . This DIED, lfada Ma 2?nd day of November ono enema nine h®dlvd and sixty-three, In the sae ae oar reed ammoH. H. Powara and also known Harry H. Powers, also known as of the Rs Harry Horace Powers County end State of Colored., of the fine part, and George O'Day Co. *,coronas= ermined nod sxlitier under and by VOW, of the laws of the slap of Colorado , of the wend part: a flthwrN �;P r t n said Part Tan ffrd no/100 y of the area part for and In coraaN.ratlop off the rem of to tN said part y of the first peel in bend Reid by t6. saidDOLLARS. bobby aidtwe.d and aektof the ed,ge had party tof Os eseand part, the MAO whereof la (wit, bargulo, asll, .eery end confirm. auto the o d p saki end caee, Itoel, and by thee. premix n de es mr. all the following deteribed lot or t>arlu ad' the semi g eeonreen mod aaalttu furore., of Weld Weal ofoiaad, altaets, bring and being hi the County and Slate et Colorado, to -wit: Southwest Quarter (SWI) of the Northeast Quarter (SW# NE4) Section 20, Township 1, North Range 86 West and the Northwest Quarter (NW;) of the Southeast Quarter (MO of Section 20, Township I, Range 66 West of the 6th P.M. excepting that parcel of land conveyed by instrument recorded in Book 208 at Page 105, Weld County Records. TOGETHER with all and singuier the hereditament. and appurtenance thereaetn belonging, or in anywise .ppertalnlar, and the reveniea and reunions, remainder sad remainder', rents, leans. and profits thereof; add ail N the gnaw, right, Nifi, Interest, claim and tinned whatsoever of the :Laid pert y of the fiat Other part, her in law or may, of, in cod to the above hargalned promises. with Ma hereditap,rate and appurtenances. I TO HAVE AND TO HOLD the acid promisee above barpdned and de,eribed, with the aPPuFenanees. unto the sold piny of tic 'enrol part, ite aurce. ern end assigns forever. And the said part y of the Ant part, for htrn self hisheira, executor', and administrator*, do es command, grant, bargain and agree to and with.. the geld party of the around port, in ■urceaaro and melees, that at the time of the en.ealles end delivery of these presents, he is amt] solved of the promisee above eenveyed, as of Indefeasible eaten of inheritance, in law, In fen simple, and he good, sure, perfect. absolute autho i add grant, bergata, sell and convey the some in manner end form a. afor,,.Id, and that dthll Power came grad free f and elect from ell former and other grants, Pertains, Wes, Ilene, taxes, aleenm.,t. end Encumbrancer, of whatever kind or nature ■uevar, itxcef+t the 19f) LPnrirrl "Pxes 'ad the above bargained premie . in the evict and peaceable possession of the slid party of the emend part, its ancesson end aulgna, against ell and Every person or persona lawfully claiming or to claim the wbolo or say pert thereof, thy mold port y of the ant part shall and will WARRANT AND FOREVER DEFEND. IN WITSFES WHEREOF, The said party of the first pert ha a hereunto set his ' hand a��:��/.,.,� the dy n nod year Bret above written. dxnetct6w3ed end Delivered in the Presence of I . ' LseALl ..... STATE OF COLORADO - Couaty a . l' :Y r? , t:,' is& The feeereing 'astrologist was acknowledged before ma thi ✓.A. •- day of /..' ' 11 63, by Harry H. ?Dwarf', also known as H. H. Powers and atop known as WITNESS my hood and official esaL Harry Horace Pow ara . lit soamlaloa .aptra. f,�..._iiimi«R�.-. • Ida. oar. wanaaayt MOM stn �.s.. . eeGr.•n sr r4.� latm. fa Yorti tau Mimi. Don... 1 • SKID, Inc. SKL13207 WE 1422516-1963.001 498 Recorded at..........J...Q �•o'7aek..Y. ......M.E c.,.�'2„...--..OJ t ry aebrp'tion Ne—.-1.4 r 1 F-,_....... *MR SPOMFR TIM DUO, fdade tilt /err* ono thousand alas hundred and dixty - re �y of November to the Powers, Set Newcomer year `f �` Lord 'Betty tarRl alt eta HasIaf� oM* Frank Gordon powers, Donate of the covntref 7Os epees es and end state o��.slifa rtia eorM et tt�� y ''^ of the tint part, end g t5 ba Co. fiitttRS=te * empenetion organised and alleiing ender and by virta. of the fees of the Slated Colorado , of the ascend mite 1M1'f'HHBBSt'8�71ta�t the laid part lea ether Ten and no/100 id _ of the Stet poet' for a+d in etmeidenHon of the cam E. to the said part of the &et pert" conformed + and acknowledged, yen hand Paid hj the aakt Wrap of air "wad WI. e.. m Meodi do II smut, [wgarm sally soh and mdl granted, bargained, geld and coma odr and by thwo it muel a do t'4 run, onto the mild party of the earned dfart, He anrothapA and eat forever, all the Mewls" described lot or parcel of land, situate. Wag sad being In fke of Weld and State of Celorad,, _ County South One -hall (Si) of the Northwest to-wit: Quarter (NW e), Section 20, Township L, North Range 66 West of the 6th P.H. , excepting that parcel of land conveyed by Deed recorded in Book 1088 at Page 10, Weld County Records. TOGETHER with all and steamier the hsreditsmenio and apPerleannces there -unto befongintt, or in tnyriae '`I. l I'. hrinee sod the sovereign and reversion., remainder end remdedere, rata. levees and Prate thsraeft and di shk title, interest, elate and dement whotaolver of the said part lea of the fiat part, sillier in law ."Pie }tiT, eft in and to the above bargained praxises, with the hereditament, and appuelerunrn. ivy NAVEAND TO HOLD the add premises above bmrgalnsd .red dceuribod, with the appurtenances, unto dm et le; eamond Part, Its aucreecra and querns forever. And the said part ice of the Prat part. for OHM •,""ioNEB bon, eserutore, and admielrtreturs, do covenant, grant, bargain and agree to rind with " thu acid livti of the eeeand part. Hs nucceesura and assigns, that at the time of the rnaeating and delivery of theme P.kidnkie ' they are welt noised of the premiere shave mare -lad, amts of Inheritance, in law, in fee simple,Yad, ht of Rood, sure, perfect, awl evadute and grant, bargain, sell and conspl and he ye good red that righh foal same are free al dear from Dii m 'Cy the IBM In retentive add form as afgreaeid, and the acme are and clear tram nil former and caber gnnte. bargain., salsa, lien., Farm, aa.esementa and Inrumbranees of whatever kind or, nature solver, and the above bargained prelatic+ he the quiet and Dateable oaetui moeeeoara sad use P on of the odd gamy of the second part, its Igne, against all and every parson er penetw lawfully claiming or to side the while or ay pat thereof, the said tot tee of the Sret part shall and will WARRANT AND FOREVER DEFEND. D!f•i�,y wg g I+HBsbriofr, The said parties of the Prat part ha ye hereunto eat their hand S and iea a/ the der Red year first above writtra. bt;esd;;Sadad Ord Delivered in the Presence of �kL'Ir �l✓r liar ] .^.. iet:AL) 1 .c✓ • //x y av - �y� )SEAL) - I ,i.Y, / '-ter ....--sass. <-£�fL 19/41.4.14.1•?' SEAL) STATE -OP COLORADO County of W the feoegcteg instrument we. .cknowidged before me tk4 2P ,by WryNEag my hand and Medal seat. My ona.,Inagedell mires . NIL IML. RYCtlel! #" le tmaeeua r�y na , �a is -`: - eta pry jFpiaa a.er..ra'. tetW�`aty cis n N 4 sRLD, Inc. LG SKI,13207 WE 1422517-1963.001 f 498 Sea,cs a. CrlA, CoimtyofLas Angeld} On Tam lath day 01 Y. otan Van T't Ifs Nnvrmhar 1422517 .0_ r r Wane ow, a Notary onal d Pow In and and said Gordon Powapereanalig appeared ra WWI to pa11. la bt the person —EL whose acct_ are sobeoribed to the sneak instrument, and acknowledged to was that —1 J�X maned the earns. Its Winless Weimoar, l hop.-hariimto set ray hand and *zed my official awl the dap and gear 4Jy :.'rfiw. es i,ec.a -r44Au4y.u, n•1 Heleni _ ACItI+owL ieiTRIT-r3afyL•,Wolrens ►oils ra/ STATe or Caeaoaau, County . v. ru .i .;.I;N 0,3 :B6a 11t Name FaMe cad ter rid Cmug sod &Cw. 1e6�'bnglf 1111 o Notary Public in and for and Cates and Stile, paearapy appeared �rrY ,w4'ce brF.2 4KP 4Vb (4ssifrtlatman to aua, to be the pet on r whose name.C.L. gybed to the Wale loarnment and acknowledged to me the -_2 het! accented the came. In Wmaas alum,. 1 hare hereunto +et my hand and aid my officialese,' the day and year In this ceii}ieate Pat above. ACIlf+O YLItoillAgtT-paryan—Walrarma alley aea Sean of CALSolaaia, ar, County'a{tr�t, Rotary ad few rid Carat' mid itcew n..,. f I. �� ,r+ ,,..R ray Purr IIDr/�1ft1 A MIKA wale *S a Notary Public in and for acid County and State, personally appeared- i07%/7l.arir-- 2 dedt,_arp7e o J� f.C�HY k7naWa tD pie. to be the penaa— whose ttaae... .yv *ascribed to the within lndnaaent, and acknowledged to me that _he✓ emended the way. let Wrruw Wroaor. Sham hamaso set my - and draped 0111 day and year to . :: �asT tucFir ie . hotow fficial ., el SA NM Cowen:: .•i gate J1y, lOtS ea+arCRLADaraNTbaaYaL�WWm1N Farr via *me Cmity cad ssdi. lliencLZsecaS6..nslrattVW SKLD, Inc. LG sKI,13207 WE 1422517-1963,002 SKLD, Inc. LG SKL13207 WE 1578899-1971.001 . „ to,/in Aso AI Ate, 1~6, ,:ea..N oEi; T�ixbi'xoi+ ,yl .s�en dri.'w{i Ai 4d/di sixth iv,/ July 4821,66770 R B 1220 REC 02166770 01/03/89 12:38 $6.00 R 11• 1495 MARY ANN IIPEUERSTEIN CLERK & RECORDER WELD QUIT CLAIM DEED Triple G Livestock Company, a Colorado corporation whose address is 515 Kimbark Street, Longmont County of Bout der , and State of Colorado less than $500.00 , for the consideration of Dollars, in hand paid, 1/002 CO. CO hereby sells) and quit claim(s)to JMP Cattle Company, as to an and Grant Brothers, as to an undivided 15% interest whose address ls 515 Kimbark Street, Longmont County of property, in the undivided 85% interest,. Boulder , and State of Colorado , the following real County of Weld , and State of Colorado, to wit; ', l See attached Exhibit A also known se street and number with all its appurtenances Signed this STATE OF CO day of December ,18 88 Triple aa, County of Boulder The foregoing Instrument was acknowledged before me this 1118B, by Douglas Grant My ray explrex 1/31/90 LORADO, 000mmorw WITNESS my hand and 0(4;00et. � C �`' CPA t o, -..% Man, Roo, 2.85. qua CI.snn oeed'italatmtlie &rigid P4bu,hIns. SC! W se Art.. [.kewad. Co *CM /—I>v, isSeaoo ivestock•Company t4 day of December SKLD, Inc. LG SKL13207 WE 2166770-1989.001 I2•w }I B 1220 REC 02166770 01/03/89 12:38 $6.00 2/002 F 1496 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHurr. A is -3 LEGAL DESCRIPTION The :south Half of the Northwest Quarter (Sieltri) of 6ectioa Twenty (Z0), Township One (l) North, :wage 61xty-six (66) West of the !With P,M.r Weld County, Goio• redo, exccpt.e parcel of land described as follows! Bsglartilo.g at the Northwest corner, of the 84NW4 of Section 20, Township 1 North, Range 66 West of the Sixth P,M., Weld County, Colorado; theoco South 300 fest: thence past 492 tent to the west One of the right-of-way of the tUaioe Pacific Railroad Co3 pany& thence North along asid right. of•W4y 300 feet to the North line of the SINW* of said Section 20; thence West 49Z feet to the point of beglanlnsg. The Southwest Q,.arter of the Northeast Quarter (SWiNEI) and the Northwest Qu&r» to of the Southeast Quarter (NW,SEi) of Sections Twenty (20), Tewaship One (l) North, Range Sixtybsix (46) West of gm Sixth P.M., Weld County, Colorado. SKLD, Inc. LG SKL13207 NE 2166770-1989.002 I111111 11111 1111111111111111111111111111 i11lI Ill! 1!!1 3137296 12/19/2003 03:60F Weld County, CO 1 of 2 R 11,00 D 128.45 Steve Moreno Clerk & Aecoftler zsgi SPECIAL WARRANTY DEED THIS DEED, Made this 16th day et December , 2003 , between Jiff Cattle Company and Grant Brothers, LLP of the County of Weld rod Stared Colorado ganta(e),and Martin Marietta Hateriale, Inc„ a North Caroline Corporation 0E-112S.4b u r J8 /,9'}0 whose legal address is 2710 Wycliff Road, Raleigh, NC 27607-3033 of lac County of Wake ad State of North carolinegrantee{e): WPTNEBSE'rf, 'dual the graomm(s), for and in consideration of the tumor ONE MILLION TWO HUNDRED EIGHTY FOUR THOUSAND FIVE HUNDRED FIFTY EIGHT AND 76/100 -DOL ARS,($1,284,558.75 ), the receipt and each: nay of which is heathy acknowledged, has goaded, bargained, said and conveyed, and by thew presents doer grant, bargain, sell, er avey and meftna, unto the grantee(s), hit hers and assigns forever, alines real properly together with improvemme, if any, aimde, lying and icing in the county of Weld , and State of Colorado, deecdbed at foLlowr see Exhibit -A` attached hereto and incorporated herein. also known by street and n®nheras 2602 Weld county Road 27, Ft. Lupton, Co 80621 TOGETHER with all and sdtlgelar the haroEtannmta read appratmaeca thereunto belonging, or la anywise appertaining, sad the reversion and reversions, mmaindrr end remainders, rote, issues and profile thereof and all the agitate, right, title, ingot, claim and deirand whatsoever of the gtentor(e), either is law or equity, of, in and to the above bargained pomace, with the he editamenta sad apptnnmenoea. TO HAVE AND TO HOLD the acid premises above bargained and dcletlbed, with the appmtmsanea. (note the grantee(s). Lit heirs sod assigns forever. The grantor(:), for himself, his heirs and peracati reprrstnlatives or aatcceasors, des covenant red agree that he Mail and will WARRANT AND FOREVER DEFEND the shove -bargained pianism in the Oct awl peaceable poraeation of the grantee(s), his brim and assigns, against all and everyperaoa or persons claiming the whole or any part thereof, by, 8eaugb Pe wader the grantor(e). The singular sun= shall include the plwal, the plural the singular, and the use awry gaoler shall be appliwhk to all genders. IN WITNESS WHEREOF, the grentom(e) bee erealed thin deed ate the date set forth above. JMF BY Cattle Company Marvin Pepper, Managing General a meter By: iL lei C -M el — �t aliace H. Grant, Attorney In Fact STATE OF COLORADO c4UWIY of &&AS (re Grant Brothers, LLP By: Wallace H. Grant, General Partner The f regakg mstrumeal war acknowledged before me the 15th day of December 2003, by Wallace H. Grant ae Attorney in Fact for Marvin Pepper, Managing General Partner of ME Cattle Company. and Wallace H. Grant, General Partner of Grant Brothers, T.T.A'. ,,i+arwur, e,,, My Commission expires acv w T''• III OT? 'it, OP A' • �`' SKID, Inc. LC SKL13207 WE 3137286-2003.001 ter. a rroaact1Ae3 1 111111 11111 H1111111111111 1111111111 111I111I 1111 1111 3137285 12/19/2003 03:60P Weld County, Co 2 of 2 R 11.00 D 128.46 Steve Moreno Clerk & Recorder EXHIBIT A The South Halt of the Northwest Quarter of Section 20, Township I North, Range 66 West of lire 6th P.M., EXCEPT a parcel of land conveyed in Deed recorded in Book 108E at page 10, more particularly described as follows: Beginning at the Northwest corner of the South Half of the Northwest Quarter of Section 20; thence South 300 feet; thence East 492 feet to the West line of the right-of-way of the Union Pacific Railroad Company; thence North along said right-of-way 300 feet to the North line of the South Half of the Northwest Quarter of said Section 20; thence West 492 feel to the point of beginning. AND EXCEPT Right of way for the line of ntitroad of the Union Pacific Railroad Company over the Westerly portion of the land, as evidenced by Affidavit recorded October 25, 1977 in Book 812 at Reception No. 1734043 which is claimed under Act of Congress 1862, The Southwest Quarter of the Northeast Quarter and the Northwest Quarter of the Southeast Quarter of Section 20, Township 1 North, Range 66 West of the 6th P.M., EXCEPT a parcel of land conveyed by Agreement recorded in Book 208 at page 105 County of Weld Slate of -Colorado TOGETHER WITH all minerals of whatsoever kind or character, including, but without being limited to oil and gas and constituents thereof, in, wider, and upon or that might be produced therefrom, BUT RESERVING la the grantors, their successors and assigns all royalties from oil end gas production, which Graotora now own under all oil and gas leases, whether or not of record, including the following: Oil and Gas Lease recorded April 4, 1975 under Reception No. 1657484 in Book 735 and any and all assignments thereof, or interests therein. SKLD, Inc. LG SKL13207 WE 3137285-2003.002 11111111111111 11111111 111111 11111 IIII IIII 31372B7 1211912003 03:60? Weld Counly, CO 287 i of 2 R 11.00 0 0.00 Steve Moreno Clerk & Recorder QUIT CLAIM DEED THISDEED, Idea Mir 16th day of December , 2003, betwerm JMF Cattle Comany and Grant Brothers, LLP of thc County of Weld noStu or Colorado granta{s).eed Martin Marietta Materials, Inv., a North Carolina Corporation I ICI IS149SA03 whose legal addressia 2710 Wycliff Road, Raleigh, NC 27607-3033 of the County of Wake and Stale of North Carolina, gatlee(e): WTINESSITTIL That the gnanIo, s). RC and in cansidaaa*e of the awn of TEN AND NO/ 100 DOLLARS, E$10.00 ), the receipt and sufficiency of which is hereby eekaowledged, Inc ranked, released. sold, and QUIT CLAIMED, and try these prsernte doer remise, release. cell. end QUIT CLAIM unto the giantes(s), his heirs, meccatois and assigns, forever, all die right, title. interest, claim and demand which the analogs) has in and to the seal propeny, together with improvements, if any, situate, lying and being in the County of Weld , and Slaw of Colette, described el follow; See Description attached hereto end made a part hereof. And Including: All water and water rights, well and well rights and well equipment on the property, if any. also known byehatend number as 2602 Weld County Road 27, Pt. Lupton, CO 80631 TO HAVE AND TO HOLD the sane, together with all and singular the appatonanca and µivileges thereunto belonging. or in unwise thereinto appeltainiag, and sal the Web% right, title. interest, and claim whatsoever, of the grentos(e), either in taw or equity, to the only proper use, benefit and helmet of the ratee(a), Melting end assigns forever. The ainaular nwrOr shall Melnik the plural, the plant the imgular, and the use of any gender dial be applicable to all ganders. IN WITNESS WHEREOF, the grantm(s) has executed this deed ne dno doe set lath above. ',IMF Cattle Company By: Marvin Pepper, Managing General Partror Or B,r,.-A--43A.°3-01/4.1th F Bye ellace H. Grant, Attorney in Fact STAIR OF COLORADO COUNTY OF E)t '164 lace H. Grant, eneral Partner The Foregoing instrument was adcwwtcdgcd before me this 15th day of December 2003 , by Wallace H. Grant as Attorney in Fact for Marvin Pepper, Managing General_ Partner of � Cattle Company and Wallace) H. Grant, General Pa'rtnar..of';' Grant Brothers, LLP -' �t� :•,,• My tkxmmnioo wires: Wimp hand and ofSciei g ^ r a' 11--22-of "�( 1 ,ate •n 7 • Notary Public " J' N ` • tmv CLAIM area Bt.a UOta.6t nynt° ' SKLD, Inc. LG SKL13207 WE 3137267-2003.001 I IIIIII lull 11111111111111111 II 111111111111111 IIII IIII 3137287 12/19121383 03:50P Weld Courtly, CD 2 of 2 11 11.00 D 0.60 Steve Moreno Morita Recorder EXHIBIT A The South Half of the Northwest Quarter of Section 20, Township I North, Range 66 West of the Gill P.M., EXCEPT a parcel of land conveyed in Deal recorded in Book 10a8 at page 10, more pairicutarty described as follows: Beginning at the Northwest corner of the South Half of the Northwest Quarter of Section 20; thence South 300 feet; thence East 492 feet to the West line of the right-of-way of the Union Pacific Railroad Company; thence North along said right-of-way 300 feet to the North line of Ilse South Half of the Northwest Quarter of said Section 20; thence West 492 feet to the point of beginning. AND EXCEPT Right of way for the line of railroad of the Union Pacific Railroad Company over the Westerly portion of the land, as evidenced by Affidavit recorded October 25, 1977 in Book 812 at Reception No. 1734043 which is claimed under Act of Congress 1862, The Southwest Quarter of the Northeast Quarter and the Northwest Quarter of the Southeast Quarter of Section 20, Township f North, Range 66 West of the 6th P.M., EXCEPT a parcel of land conveyed by Agreement recorded in Book 208 at page 105 County of Weld Stale of Colorado TOGETHER WITH all minerals of whatsoever kind or character, including, but without being limited to oil and gas and constituents thereof, in, under, and upon or that might be produced therefrom, BUT RESERVING to the grantors, their successors andassigns all royalties from oil and gas production, which Grantors now own under all oil and gas leases, whether or nut of record, including the following: Oil and Gas Lease recorded April 4, 1975 under Reception No. 1657484 in Book 735 and any and all assignments thereof, or interests therein. SKLD, Inc, LO sKL13207 NE 3137287-2003.002 °Recorded in Weld County, CO Doc Id: 3507571 09/28/2007 02:46 P Receipt#: 7324466 Page: 1 of 5 Total Fee: $26.00 Steve Moreno, Clerk and Recorder RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Union Pacific Railroad Company Attn: Assistant Vice President -Real Estate 1400 Douglas Street, MS 1690 Omaha, Nebraska 68179-1690 SPACE ABOVE FOR RECORDER'S USE ONLY SPECIAL ��WARRANTY DEED THIS DEED, made this -25rday of . 'h "s4.- 2007, between MARTIN MARIETTA MATERIALS, INC., a North Carolina corporation, whose legal address is P.O. Box 30013, Raleigh, NC 27622-0013 ("Grantor"), and UNION PACIFIC RAILROAD COMPANY a Delaware corporation, whose legal address is 1400 Douglas Street, MS 1690, Omaha, Nebraska 68179-1690 ("Grantee"). WITNESSFTH, that the Grantor, for and in consideration of the sum of TEN AND NO/100 (SI0.00) DOLLARS and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt thereof is hereby acknowledged, has granted, bargained, sold, and conveyed, and by these presents does grant, bargain, sell, convey, and confirm, to the Grantee, and Grantee's successors and assigns forever, the following described lands and improvements, if any (the "Property"), situate, lying and being in Weld County, and State of Colorado, described as follows: See Exhibit "A" attached hereto and incorporated herein. Also known by street and number as 2602 Weld County Road 27, Ft. Lupton, Colorado 80621 SUBJECT TO the matters listed in Exhibit "B" attached hereto and incorporated herein: The Grantor hereby warrants the title to the Property, and will defend the same against the lawful claims of all persons claiming by, through or under the Grantor. STEWARI 711,E vet$ SKLD, Inc. LG 3KL13207 WE 3507571-2007.001 eRecorded in Weld County, CO Doc Id: 3507571 09/28/2007 02:46 P Receipt#: 7324466 Page: 2 of 5 Total Fee: $26.00 Steve Moreno, Clerk and Recorder IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the day and year first above written. MARTIN MARIETTA MATERIALS, INC., a North Carolina corporation 2710 Wycliff Road F.O. Box 30013 Raleigh, N 27607-3033 (27622-0013) By: Name: c 4x , y ,t,... Title: • , h , f STATE OF NORTH CAROLINA ) ) ss: COUNTY OF WAKE The foregoing instrument was acknowledged before me this S I tday of .,1� , 2007 by C . 4i�.:.�� ,.•:� �' , as Fir: ,,c.i,.nl C ti,I f• CF ,-,.. 43O of MARTIN MARIETTA MATERIALS, INC., a North Carolina corporation, duly authorized, as his free act and deed, and as the free act and deed of said corporation. WITNESS my hand and official seal in the State and County last aforesaid this 1 r. day of S , 2007. • My Commission expires: Af-4- SKLD, Inc, LG SKL13207 WE 3507571-2007.002 ailA rig Notary]'ublic-State of North Carolina &1'-A? 114-11111W") Name of Notary (please print) Commission No. M93 053 6/ 3� eRecorded in Weld County, CO Doc Id: 3507571 09/28/2007 02:46 P Receipt#: 7324466 Page: 3 of 5 Total Fee: $26.00 Steve Moreno, Clerk and Recorder EXHIBIT A LEGAL DESCRIPTION OF PROPERTY The South Half of the Northwest Quarter of Section 20, Township 1 North, Range 66 West of the 6`h P.M., EXCEPT a parcel of land conveyed in Deed recorded in Book 1088 at page 10, AND EXCEPT Right of way for the line of railroad of the Union Pacific Railroad Company over the Westerly portion of the land, as evidenced by Affidavit recorded October 25, 1977 in Book 812 at Reception No. 1734043. The Southwest Quarter of the Northeast Quarter and the Northwest Quarter of the Southeast Quarter of Section 20, Township 1 North, Range 66 West of the 61'' P.M., EXCEPT a parcel of land conveyed by Agreement recorded in Book 208 at page 105. County of Weld State of Colorado TOGETHER WITH all minerals of whatsoever kind or character, including, but without being limited to oil and gas and constituents thereof, in, under, and upon or that might be produced therefrom, but EXCEPT AND SUBJECT TO the reservation by JMF Cattle Company and Grant Brothers, LLP, their successors and assigns of all royalties from oil and gas production, which said JMF Cattle Company and Grant Brothers, LLP, their successors and assigns, own under all oil and gas leases, whether or not of record, including the following: Oil and Gas Lease dated March 6, 1975 and recorded April 4, 1975 under Reception No. 1657484 in Book 735 and any and all assignments thereof, or interests therein, which reservation is in Special Warranty Deed dated December 16, 2003 and recorded on December 19, 2003 with the Weld County, Colorado, Clerk and Recorder, Instrument No. 3137286. map, Inc. LG SKL13207 WE 3507571-2007.003 eRecorded in Weld County, CO Doc Id: 3507571 09/28/2007 02:46 P Receipt#: 7324466 Page: 4 of 5 Total Fee: $26.00 Steve Moreno, Clerk and Recorder EXHIBIT B PERMITTED EXCEPTIONS 1. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 2, Any and all unpaid taxes and assessments not yet due and payable. 3. Right of Way for county roads 30 feet wide on either side of section and township lines, as established by the Board of County Commissioners of Weld County, recorded October 14, 1889 in Book 86 at Page 273. 4. A Condition contained in the United States Patens recorded January 20, 1879 in Book 20. at Page 223 and page 234, Weld County Records which states as follows: "Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and right to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of Courts, and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as provided by Law." 5. An easement for a canal and incidental purposes as granted to Fulton Irrigation Ditch Company by an instrument recorded December 6, 1972 in Book 681 at Reception No. 1603090 upon the terms and conditions therein set forth. 6. Oil and gas lease recorded April 4, 1975 in Book 735 at Reception No. 1657484, and any and all assignments thereof, or interests therein. 7. An easement for pipe line and incidental purposes as granted to Panhandle Eastern Pipe Line Company by an instrument recorded December 2, 1975 in Book 754 at Page 1675869 upon the terms and conditions therein set forth. 8. An easement for pipe line and incidental purposes as granted to Panhandle Eastern Pipe Line Company by an instrument recorded January 12, 1976 in Book 757 at Page 1678646 upon the terms and conditions therein set forth. SKLD, Inc. LG SK113207 WE 3507571-2007.004 eRecorded in Weld County, CO Doc Id: 3507571 09/28/2007 02:46 P Receipt#: 7324466 Page: 5 of 5 Total Fee: $26.00 Steve Moreno, Clerk and Recorder 9. Terms, conditions, provisions, and stipulations as contained in Corrective Dry -Up Covenant recorded September 19, 1991 in Book 1311 at Reception No. 2263635. 10. Any loss or damage arising from the fact that the fence lines as shown on ALTA/ACSM Land Title Survey by Stantec Consulting Inc. Job No. 1871 07455- 09, Dated July 3, 2007 do not coincide with the exact property lines, 11, Any and all rights any usage of the gravel roads, overhead power lines, ponds and ditch on or near the East property lien and incidental purposes and disclosed by ALTA/ASCM by Stantec Consulting Inc., Job No. 1871 07455-09, dated July 3, 2007. NOTE: The following notices pursuant to CRS 9-1.5-103 concemign underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities with in subject property: Panhandle Eastern Pipe Line Company, recorded June 26. 1986 in Book 1 117 under Reception No. 2058722. Union Rural Electric Association, Inc. (United Power, Inc.) recorded January 24, 1991 in Book 1288 under Reception No. 2239296. SKLD, Inc. LC SRL13207 WE 3507571-2007.005 eRecorded in Weld County, CO Doc Id: 3507572 09/28/2007 02:46 P Receipt#: 7324467 Page: 1 of 3 Total Fee: $16.00 Steve Moreno, Clerk and Recorder RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Union Pacific Railroad Company Attn: Assistant Vice President -Real Estate 1400 Douglas Street, MS 1690 Omaha, Nebraska 68179-1690 SPACE ABOVE FOR RECORDER'S USE ONLY QUIT CLAIM DEED THIS DEED, made this c �s S day of . ,�,� r„ -; 2007, between MARTIN MARIETTA MATERIALS, INC., a North Carolina corporation, whose legal address is P.O. Box 30013, Raleigh, NC 27622-0013 ("Grantor"), and UNION PACIFIC RAILROAD COMPANY a Delaware corporation, whose legal address is 1400 Douglas Street, MS 1690, Omaha, Nebraska 681 79-1 690 ("Grantee"). WITNESSETH, that the Grantor, for and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has remised, released, sold, and QUIT CLAIMED, and by these presents does remise, release, sell, and QUIT CLAIM, to the Grantee, and Grantee's successors and assigns forever, all the right. title, interest, claim, and demand which the Grantor has in or appurtenant to the following described lands (the "Property") situate, lying and being in Weld County, and State of Colorado, described as follows: See EXHIBIT "A" attached hereto and incorporated herein. Also known by street and number as 2602 Weld County Road 27, Ft. Lupton, Colorado 80621. And also all the right, title, interest, claim, and demand which the Grantor has in and to all water and water rights, well and well rights, in or appurtenant to the Property, and including all well equipment on the Property, if any. STEW6ART TITLE SKLD, Inc. LG. SKL13207 WE 3507572-2007.001 eRecorded in Weld County, CO Doc Id: 3507572 09/28/2007 02:46 P Receipt#: 7324467 Page: 2 of 3 Total Fee: $16.00 Steve Moreno, Clerk and Recorder IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the day and year first above written. MARTIN MARIETTA MATERIALS, INC., a North Carolina corporation 2710 Wycliff Road P.O. Box 30013 Raleigh, NC 07-3033 (27622-0013) By: Name: I� Title: c-=sCI,iof UP ...i, c.6t15-;, STATE OF NORTH CAROLINA ) ss: COUNTY OF WAKE The foregoing instrument was acknowledgeg before me this •l1 lay of 1.1 , 2 07 by C, 4.-)L t rck is , as Vui r. I, f- ,::irpt) 6(66-r MARTIN MARIETTA MATERIALS, iNC., a North Carolina corporation, duly authorized, as his free act and deed, and as the free act and deed of said corporation. WITNESS my hand and official seal in the State and County last aforesaid this 5) h day of 5 <.51 , 2007. My Commission expires: -(x,cez,c)c•-_, Notar' /,Public -State of North Carolina Name of Notary (please print) Commission No. /9,3 05,34J5Y *01-607 SKID, Inc. LG SKL13207 WE 3507572-2007.002 eRecorded in Weld County, CO Doc Id: 3507572. 09/28/2007 02:46 P Receipt#: 7324467 Page: 3 of 3 Total Fee: $16.00 Steve Moreno, Clerk and Recorder EXHIBIT A LEGAL DESCRIPTION OF PROPERTY The South Half of the Northwest Quarter of Section 20, Township i North, Range 66 West of the 6th P.M., EXCEPT a parcel of land conveyed in Deed recorded in Book 1088 at page 10, AND EXCEPT Right of way for the line of railroad of the Union Pacific Railroad Company over the Westerly portion of the land, as evidenced by Affidavit recorded October 25. 1977 in Book 812 at Reception No. 1734043. The Southwest Quarter of the Northeast Quarter and the Northwest Quarter of the Southeast Quarter of Section 20, Township 1 North, Range 66 West of the 6th P.M. County of Weld State of Colorado TOGETHER WITH all minerals of whatsoever kind or character, including, but without being limited to oil and gas and constituents thereof, in, under, and upon or that might be produced therefrom, but EXCEPT AND SUBJECT TO the reservation by JMF Cattle Company and Grant Brothers, LLP, their successors and assigns of all royalties from oil and gas production, which said JMF Cattle Company and Grant Brothers, LLP, their successors and assigns, own under all oil and gas leases, whether or not of record, including the following: Oil and Gas Lease dated March 6, 1975 and recorded April 4, 1975 under Reception No. 1657484 in Book 735 and any and all assignments thereof, or interests therein, which reservation is in Special Warranty Deed dated December 16, 2003 and recorded on December 19, 2003 with the Weld County, Colorado, Clerk and Recorder, Instrument No. 3137286. SKLD, Inc. LG SK113207 WE 3507572-2007.003 eRecorded in Weld County, CO Doc Id: 3560381 06/13/2008 11:46 A Receipt#: 7363250 Page: 1 of 5 Total Fee: $26.00 Steve Moreno, Clerk and Recorder RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO; Regional Transportation District Attn: Manager, Real Property 1600 Brake Street Denver, Colorado 80202 SPACE ABOVE FOR RECORDERS USE ONLY SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, Made this )c day of aqi.,k 2008. UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (''1Grantor"), whose legal address is 1400 Douglas Street, Omaha, Nebraska 68179, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration paid to the undersigned by the Grantee herein named, the receipt and sufficiency of which are hereby acknowledged and confessed, HAS GRANTED, SOLD, AND CONVEYED, and by these presents DOES HEREBY GRANT, SELL, AND CONVEY unto REGIONAL TRANSPORTATION DISTRICT, a political subdivision of the State of Colorado ("Grantee"), whose legal address is 1600 Blake Street, Denver, Colorado 80202 all of that certain real estate and improvements, if any, thereon (collectively, the "Property") lying and being situated in Weld County, State of Colorado, more particularly described as follows: See Exhibit A attached hereto and hereby made a part hereof. Also known by street and number as 2602 Weld County Road 27, Ft. Lupton, Colorado 80621. SUBJECT TO the matters listed in Exhibit B attached hereto and hereby made a part hereof. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in any wise belonging unto the said Grantee, its successors and assigns forever, and Grantor does hereby bind itself, its successors and assigns, to warrant and forever defend all and singular the Property unto Grantee and its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof, by, through or under it, but not otherwise, subject, however, as aforesaid. SKLD, Inc. SK1,13209 WE 3560381-2008.001 eRecorded in Weld County, CO Doc Id: 3560381 06/13/2008 11:46 A Receipt#: 7363250 Page: 2 of 5 Total Fee: $26.00 Steve Moreno, Clerk and Recorder IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the day and year first above written. UNION PACIFIC RAILROAD COMPANY, Attest: a Delaware corporation Assistant Secretary By: _ Title: (Seal) 5+sta As Vice President -- Real Estate ACKNOWLEDGEMENT STATE OF NEBRASKA ) ) ss. COUNTY OF DOUGLAS ) On liGot , 2008, before me, a Notary Public in and for said County and State, perso4tally appeared TONY K. LOVE and Barbara Holler Assistant Vice President — Real Estate and Assistant Secretary, respectively, of UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. 0 GENERAL ? 0TAdY - Rate Nebraska PAUL G. FARRELL !Ay 0crrm, f 7. Dec. 20, 20119 (SEAL) Denver TD SW Deed Man. Mtrieill pOptrsy 012808 lie 2 SKLD, Inc. SKL13209 WE 3560381-2008.002 eRecorded in Weld County, CO Doc Id: 3560381 06/13/2008 11:46 A Receipt#: 7363250 Page: 3 of 5 Total Fee: $26.00 Steve Moreno, Clerk and Recorder EXHIBIT A LEGAL DESCRIPTION OF PROPERTY The South Half of the Northwest Quarter of Section 20, Township 1 North, Range 66 West of the 6th P.M., EXCEPT a parcel of land conveyed in Deed recorded in Book 1088 at page 10, AND EXCEPT Right of way for the line of railroad of the Union Pacific Railroad Company over the Westerly portion of the land, as evidenced by Affidavit recorded October 25, 1977 in Book 812 at Reception No. 1734043. The Southwest Quarter of the Northeast Quarter and the Northwest Quarter of the Southeast Quarter of Section 20, Township I North, Range 66 West of the 6th P.M., EXCEPT a parcel of land conveyed by Agreement recorded in Book 208 at page 105. County of Weld State of Colorado TOGETHER WITH all minerals of whatsoever kind or character, including, but without being limited to oil and gas and constituents thereof, in, under, and upon or that might be produced therefrom, but EXCEPT AND SUBJECT TO the reservation by JMF Cattle Company and Grant Brothers, LLP, their successors and assigns of all royalties from oil and gas production, which said JMF Cattle Company and Grant Brothers, LLP, their successors and assigns, own under all oil and gas leases, whether or not of record, including the following: Oil and Gas Lease dated March 6, 1975 and recorded April 4, 1975 under Reception No. 1657484 in Book 735 and any and all assignments thereof, or interests therein, which reservation is in Special Warranty Deed dated December 16, 2003 and recorded on December 19, 2003 with the Weld County, Colorado, Clerk and Recorder, Instrument No. 3137286. Dcn.er RTD SW Deed Marvin Markup propeny 0420E SKLD, Inc. SI4,13209 WE 3560381-2008.003 1 eRecorded in Weld County, CO Doc id: 3560381 06/13/2008 11:46 A Receipt#: 7363250 Page: 4 of 5 Total Fee: $26.00 Steve Moreno, Clerk and Recorder EXHIBIT B 1. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 2. Any and all unpaid taxes and assessments not yet due and payable. 3. Right of Way for county roads 30 feet wide on either side of section and township lines, as established by the Board of County Commissioners of Weld County, recorded October 14, 1889 in Book 86 at Page 273. 4. A Condition contained in the United States Patent recorded January 20, 1879 in Book 20, at Page 223 and page 234, Weld County Records which states as follows: "Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and right to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of Courts, and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as provided by Law." 5. An easement for a canal and incidental purposes as granted to Fulton Irrigation Ditch Company by an instrument recorded December 6, 1972 in Book 681 at Reception No. 1603090 upon the terms and conditions therein set forth. 6. Oil and gas lease recorded April 4, 1975 in Book 735 at Reception No. 1657484, and any and all assignments thereof, or interests therein. 7. An easement for pipe line and incidental purposes as granted to Panhandle Eastern Pipe Line Company by an instrument recorded December 2, 1975 in Book 754 at Page 1675869 upon the terms and conditions therein set forth. 8. An easement for pipe line and incidental purposes as granted to Panhandle Eastern Pipe Line Company by an instrument recorded January 12, 1976 in Book 757 at Page 1678646 upon the terms and conditions therein set forth. 9. Terms, conditions, provisions, and stipulations as contained in Corrective Dry -Up Covenant recorded September 19, 1991 in Book 1 311 at Reception No. 2263635. 10. Any loss or damage arising from the fact that the fence lines as shown on ALTA/ACSM Land Title Survey by Stantec Consulting Inc. Job No, 1871 07455-09, Dated July 3, 2007 do not coincide with the exact property lines. Denver RID SW Dad Morin MuierL prop , y 042808 1 SKID, Inc. SKL13209 WE 3560381-2008.004 eRecorded in Weld County, CO Doc Id: 3560381 06/13/2008 11:46 A Receipt#: 7363250 Page: 5 of 5 Total Fee: $26.00 Steve Moreno, Clerk and Recorder 11. Any and all rights any usage of the gravel roads, overhead power lines, ponds and ditch on or near the East property lien and incidental purposes and disclosed by ALTA/ASCM by Stantec Consulting Inc., Job No. 1871 07455-09, dated July 3, 2007. NOTE: The following notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within subject property: Panhandle Eastern Pipe Line Company, recorded June 26, 1986 in Book 1117 under Reception No. 2058722. Union Rural Electric Association, Inc. (United Power, Inc.) recorded January 24, 1991 in Book 1288 under Reception No. 2239296. Denver STD SW Dc, Martin Marietta pnaperty 042806 SKLD, Inc. SK113209 WE 3560361-2006.005 2 eRecorded in Weld County, CO Doc Id: 3560385 06/13/2008 11:49 A Receipt#: 7363254 Page: 1 of 3 Total Fee: $16.00 Steve Moreno, Clerk and Recorder RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Regional Transportation District Attn: Manager, Real Property 1600 Blake Street Denver, Colorado 80202 SPACE ABOVE FOR RECORDER'S USE ONLY QUITCLAIM DEED THIS DEED, made this 3c day of 1 AA , 2008, between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, whose legal address is 1400 Douglas Street, Omaha, Nebraska 68179 ("Grantor"), and REGIONAL TRANSPORTATION DISTRICT, a political subdivision of the State of Colorado, whose legal address is 1600 Blake Street, Denver, Colorado 80202 ("Grantee"). WITNESSETH, that Grantor, for and in consideration of the sum of Ten and No/100'x' Dollars (510.00) and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has remised, released, sold, and QUITCLAIMED, and by these presents does remise, release, sell, and QUITCLAIM to the Grantee, and Grantee's successors and assigns forever, all the right, title, interest, claim, and demand which the Grantor has in or appurtenant to the following described lands (the "Property") situate, lying and being in Weld County, State of Colorado, described as follows: See EXHIBIT "A" attached hereto and incorporated herein. Also known by street and number as 2602 Weld County Road 27, Ft. Lupton, Colorado 80621. And also all the right, title, interest, claim, and demand which Grantor has in and to all water and water rights, well and well rights, in or appurtenant to the Property, and including ail well equipment on the Property, if any. IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal the day and year first above written. Attest: Assistant Secretary (Seal) SKLD, Inc. SKL13209 WE 3560385-2008.001 UNION PACIFIC RAILROAD COMPANY, a Delaware corporation By: Title: eRecorded in Weld County, CO Doc Id: 3560385 06/13/2008 11:49 A Receipt#: 7363254 Page: 2 of 3 Total Fee: $16.00 Steve Moreno, Clerk and Recorder ACKNOWLEDGEMENT STATE OF NEBRASKA ) ss. COUNTY OF DOUGLAS ) On 1.,A0-4.4 1O6 , 2008, before me, a Notary Public in and for said County and State, personally appeared TONY K LOVE and Barbara Holder , Assistant ►l ce President —heal Estate and Assistant Secretary, respectively, of UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. A GENEPAL NM —MY- Tale of NPxeska :4PAUL G. FARP,ELL irl,'.71:473, Myr Cons:', txv. Du. 20,1009 (SEAL) ICollahorarioracial . Pmciice Area'Jleal EosteUi.amentAParehaaa A SettAequantorsTtexr RIO.QC Dead.Manin Monett• ProptrtY_6x SKID, Inc. SKL13209 WE 3560385-2008.002 2 eRecorded in Weld County, CO Doc Id: 3560385 06/13/2008 1 1 :49 A Receipt#: 7363254 Page: 3 of 3 Total Fee: $16.00 Steve Moreno, Clerk and Recorder EXHIBIT A LEGAL DESCRIPTION OF PROPERTY The South Half of the Northwest Quarter of Section 20, Township 1 North, Range 66 West of the 6th P.M., EXCEPT a parcel of land conveyed in Deed recorded in Book 1088 at page 10, AND EXCEPT Right of way for the line of railroad of the Union Pacific Railroad Company over the Westerly portion of the land, as evidenced by Affidavit recorded October 25, 1977 in Book 812 at Reception No. 1734043. The Southwest Quarter of the Northeast Quarter and the Northwest Quarter of the Southeast Quarter of Section 20, Township 1 North, Range 66 West of the 6th P.M., EXCEPT a parcel of land conveyed by Agreement recorded in Book 208 at page 105. County of Weld State of Colorado TOGETHER WITH all minerals of whatsoever kind or character, including, but without being limited to oil and gas and constituents thereof, in, under, and upon or that might be produced therefrom, but EXCEPT AND SUBJECT TO the reservation by JMF Cattle Company and Grant Brothers, LLP, their successors and assigns of all royalties from oil and gas production, which said JMF Cattle Company and Grant Brothers, LLP, their successors and assigns, own under all oil and gas leases, whether or not of record, including the following: Oil and Gas Lease dated March 6, 1975 and recorded April 4, 1975 under Reception No. 1657484 in Book 735 and any and all assignments thereof, or interests therein, which reservation is in Special Warranty Deed dated December 16, 2003 and recorded on December 19, 2003 with the Weld County, Colorado, Clerk and Recorder, Instrument No. 3137286. G ,Callaborsronll.egal - Practice ArealRcal EanlciAgreemedrstPsrchase & 5'.Actr isitiOnSIDenrer ran QC Deed Mania Mariena property dos SKLD, Inc. SKL13209 WE 3560385-2008.003 3 CERTIFICATE OF CONVEYANCES STATE OF COLORADO COUNTY OF WELD WELD COUNTY DEPARTMENT OF PLANNING SERVICES Land Title Order No.: Regional Transportation The Land Title Guarantee Company TITLE INSURANCE orABSTRACT COMPANY hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. Legal Description: That Portion of the North Half of the Southwest Quarter of Section 20, Township 1 North, Range 66 West of the 6th P.M., lying East of the Union Pacific Railroad Right of Way, County of Weld, State of Colorado. CONVEYANCES (if none appear, so state): Reception No. 1542326, Book 620 Reception No. 2087082, Book 1145 Reception No. 2087083, Book 1145 Reception No. 2972471 Reception No. 2972472 Reception No. 2972473 Reception No. 3525286 Reception No. 3560384 This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title, nor an opinion of Title, nor a guarantee Title, and the liability of Land Title Guarantee COMPANY, is hereby limited to the fee paid for this Certificate. It Witness Whereof, Land Title Guarantee COMPANY, has caused this certificate to be signed by its proper officer this 15th day of July, 2016 at 5:00 o'clock P.M. LAND TITLE GUARANTEE COMPANY B Heidi Crue, Title Examiner • • i Maumee *Ell lampilm Nohow Tamtt_tiret ea d gpsnsbr Ifibidnmw TAW del Ord phi %mist sad fifty olds , hmfwan GS hole Case of Wald , atl Man of Colorado, i ate law eat sad t a O▪ e r▪ e — - - -mew eve D006Ya.4 EOM tad !ANAEMIC OUTkWEE- — w asyst sr the Crusty*, ' NOM • Gad Sated Cataeda of Mt mead mitt s�1 1'IIrJfC3!<TR. 77as uM aeN IGNy • d NS NA put. dr sad 6 neidrstke d the sea of tin Ten Dollars end other good and tialttn a oonsideretioss- F KIM Ca t► dm gala per¢ d li. Aga tart h Mod pig b Oa cm ass d tit aseaM part. Ow swilpt shame b a hurray salami sag orkim ,dds4 M. puma, iatptaM, Nth PM to.*w4 lad b show pgrw b b pure, +rim aril, ICBM aaa wa4aa sloe she PM Mrs lee d the nand put their bath. W YAM p friar. YI Wa febeha daubed kg es gored of MEd. start% 4hgr aM Mire L tlw CAArrty GI Wit O lad awe eI Gtlsrep% The Marti: Half (y}) of the South Neet Wester (WO of Section Twenty (20j� in Towaahip Ono North, of Range 66 Beat of 6th P.N., Weld County, Colorado, together with Siltf..finr Aaron of thm Dapital Stook of the Fulton Irrigating Mob °mow, , Reooud BMriga. Also part ot loot •H+ Park addition South, In Fort laptrWaldCouttya , , dasorib ed as follows'Beginning at a point 61 feet South of the Borth Neat Corner of said Flosk.o}F, thence running South 75 feet! times deaf 110 feet to the Brat lino of avid ffiooll thedee North 75 feet; thanes Want 110 feet to the point of tmgineing. (The consideration for this plod is less than ¢100.00) TOOITUU with s1 ass 'twilit w iamAmn4 and ppvau.ote ketoses lieee4C wig W- ale appsruh,Q, ofd W rsfusya sad nmaedNr. emaaider sag raa@eda,. Path Mgao had imam Good; W en lir amok rkh6 RUN. Mani :Lla sad 4tsral wb.wwtr as da Nag pasty ad* dot port ash. le W ar Math dR In mg to tha sieve 1Mrptirsd peaked Slat sba 6endYfinew sad ypahNasee, TO BAVI AND TO ROLD W veld prrnlaw them huarlaed sad nkterlbed, adta mgeriteutpte. ,age tw mid pales d rho trend par; their Lan sod wide fuse.. AM flip teid party of the Mg ear; 'la. hor halm imam WA meshy. do Is sawrat, /seat. IWO.% sad VRtt Is sad via No mid parries ci do Nosed dart their trh. mg odds; tae at du dono d do ar sal* sad *Way el there ctusuu mho is wed plod d wp,Ndtt shore oomrgy. u d seat, easy gesso Mt anti% mad ladalartbi ants d labor tree, to Paw, 4 he Nina%, sad bur dad right. ha peer sad het swam* to pear. harp* salt Gad twin OS same I Emma Gad Iwm akpNid, sad that the roan Nos bes sad den Las sD term. Gad Kim aeMMMS Nadu, uMi Rem fma suallinsals sad irmabramw ed whitlow hlal Cr tame mNMai eat me sa..m pare II, is she pan let pmambl pwsresku at w NH *des .4 mks .speed teal. bit" aid swl}mt MOW W ad new Ranee GS puma hwlrgr Glinilasi or to dales oho whoa, ea eve put Owe* IIe eW pray Mad drat put Matt sad w@ WARRANT ANA FOREVER DEFEND. AI WITND39 WHEREOF. Tba add poly at W gut tars has lem.atc, Per her laud Gad sal the torah year Art mien WAWA. Bari,. SwLd sod Daring to tht Prasaoa d l Baum 211 44" t • I8AAL1 IS ZAP t- r'UAL) aQrrtif e L RACV,j�r� The ..Cass dpird• !«aaiw ri 1. ve er6014 R i' • t w C-4 p LldiII,,,d0IkWSol. °hli.cmmirr a bra Hirsh 19. 1963 eetr.oJ.' WARRANTY DIND—WcVry Pilate?, Pawky, wad. • ia.in as.nt was ackacwhdpat before sea thl '191-0,7 01 ism. by_ _IdR l.. Heuae 42kshozeez7 • SICLD, Inc. LG SKL13207 WE 1542326-1970.001 AR2D67062 B 1145 REC 02087082 02/03/87 15:40 $3.00 1/001 F 0041 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO DISTRICT COURT, COUNTY OF WELD STATE OF COLORADO Case No. 86 -PR -38 ORDER AUTHORIZING DISTRIBUTION AND TRANSFER OF REAL ESTATE IN THE MATTER OF THE ESTATE OF ROBERT DOUGLAS HAUSE, aka ROBERT D. HAUSE, Deceased. NOW ON THIS DAY, the above matter coming on for hearing on the verified petition of the personal representative, Ruth V. Hause, for an Order authorizing distribution and transfer of certain real estate in the Estate of Robert Douglas Hause, aka Robert D. Hause, deceased: The Court, being fully advised, FINDS: That the distribution and transfer of the hereinafter described asset in this estate may be made at this time; and That Ruth V. Hause is the personal representative in said estate. IT IS ORDERED that the personal representative distribute and transfer the following described real estate to RUTH V..:HAUSE per the Last Will and Testament of Robert Douglas Hause, deceased: An undivided one-half interest in: The North Half of the Southwest Quarter (N;5W1/4) of Sec- tion Twenty (20), Township One (1) North, Range Sixty-six (66) West of the Sixth Principal Meridian, Weld County, Colorado, together with sixty-five (65) shares of -the capital stock of the Fulton Irrigating Ditch Company, Second Series; ALSO part of Lot "H", Park Addition South, in Fort Lupton, Weld County, Colorado, described as follows: Be- ginning at a point 61 feet South of the Northwest Corner of said Block "H"; thence running South 75 feet; thence East 110 feet to the East line of said block; thence North 75 feet; thence West 110 feet to the point of beginning. DATED: AMw2- / I j' 46 BY CerIJfle to pets:.ftiit !rut and conroe6 copy of thevaprr'o! .' niv.custodY- Dated: • •'GyCA 17�0� 8y SKIM, Inc, su,13207 WE 2087082-1987.001 Judge AR2087O 3 H 1145 REC 02087083 02/03/87 15:40 $3.00 1/U01 F 0042 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO DEED OF DISTRIBUTION by PERSONAL REPRESENTATIVE (Testate Estate) THIS DEED is made by Ruth V. Hause as Personal tate of Robert Douglas Hause, aka Robert D. Hause, D RUTH V. HAUSE, Grantee, whose address is P. 0. Box 1 80643. WHEREAS, the above -named decedent in his lifetim Last Will and Testament dated October 10, 1984, which to formal probate on February 27, 1986, by the Distri County of Weld and State of Colorado, Probate No. 86 - WHEREAS, Grantor was duly appointed Personal Re tate on February 27, 1986, and is now qualified and a epresentative of the Es - ceased, Grantor, to 5, Keeeesburg, Colorado WHEREAS, the Grantee is determined to be the pers rribution of the hereinafter -described real property, ized and directed to distribute the same to Grantee by November 19, 1986. NOW, THEREFORE, pursuant to the powers conferred 12, Sections 711 and 907 of the Colorado Probate Code, veys, assigns, transfers and releases to Grantee the f in Weld County, Colorado: made and executed his Will was duly admitted t Court in and for the R-38; resentative of said es-- ting in said capacity; an entitled to dis- and Grantor is author - Court Order dated +pon Grantor by Article Grantor sells, con- 'llowing real property An undivided one-half interest in: The North Half of the Southwest quarter (N SW') of Section Twenty (20), Township One (1) North, nge Sixty-six (66) West of the Sixth Principal Meridian, Weld County, Colorado, together with sixty -fire (65) shares of the capital stock of The Fulton Irrigating Ditch Company, Second Series; II with all appurtenances. Wherever used herein, the singular shall include the plural. EXECUTED: December 15 , 1986. Ruth V. Hause as personal repre- sentative of the Estate of Robert Douglas Hause, aka Robert D. Hausa, Deceased. STATE OF COLORADO) ) as. COUNTY OF WELD ) The foregoing instrument was acknowledged before me tihis 15th. day of December , 1986, by Ruth V. Hawse as personal representative of the Estate of Robert Douglas Hause, aka Robert D. Hause, Deceased. 1 Wituess My Hand and Official Seal. ";.M";.Mz p9mmission expires: May 4, 1987 ' I'll 8 n SKID, Inc. SKL13207 WE 2087083-1987.001 111111111111 I111I11111111I11f RERLIII,!1111 1111247247107124!20020:48A, 4! 1 of 1 R 5.00 D 0.00 3 A, "Said" Tsukamoto QUIT CLAIM DEED THIS DEED is a conveyance from the individuals named below as GRANTORS to the individual or entity named below as GRANTEE of whatever interest the GRANTORS may have in the real property described below. The GRANTORS hereby sell and quit claim to the GRANTEE the real property described below with all its appurtenances. The Specific Terms of This Deed are: Grantors: Lawrence Gray Hause and Ruth V. Haase, do Lawrence Gray Haute, 2003 Balsam Drive, Boulder, CO 80304 Grantee: Asphalt Specialties, Co., ine., a Colorado corporation, 7321 East 88th Avenue, Henderson, CO 80640 Property Description: The East 16 feet of the N 1128W 114 of Section 20, Township 1 North, Range 66 West of the 6th P.M., excepting therefrom the Union Pacific Railroad right of way; Together with all water and ditch rights appurtenant thereto Property Address: Consideration: One and no/100 Dollars Reservations -Restrictions: Reserving however. unto Grantors for themselves , their successors, personal representatives, heirs and assigns, all oil, gas and other minerals of whatever kind or character, lying in, on, under and that may be produced from the above described property, together with rights of ingress, egress and access to explore for, remove, mine and develop the same al all times; Executed by the Grantors on( IX L y 2002. Lawrence Gray House STATE OF COLORADO ) } SS COUNTY OF WELD The foregoing instrument was acknowledged before me this,„? ' -0-',-- day of 2002, by Lawrence Gray Haute and Ruth V. Haute. WITNESS my hand and official seal. My commission expires; t .tZ- Ruth V. Hause Notary Public mAi 1 k I AD M 4Di clukloimawdA. SKID, Inc. LG STCL13207 WE 2972471-2002.001 - I 11111 1111111 III! 111111111111111 III 11111 IIII 2972472 07/29/2002 10:48A Weld County, CO 1 of 2 R 10.00 0 101.26 J.A. "Saki" Tsukamota P4 GENERAL WARRANTY DEED THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the "property") from the individual(s), corporation(s), partnership(s) or other entities named below as GRANTORS to the individual(s) or entity(ies) named below as GRANTEE, The GRANTORS hereby sell and convey the property to the GRANTEE and the GRANTORS warrant the title to the property, except for (I) the lien of the general property taxes for the year of this deed, which the GRANTEE will pay (2) any easements and rights -of -way shown of record (3) any patent reservations and exceptions (4) any outstanding mineral interests shown of record (5) any protective covenants and restrictions shown of record, and (6) any additional matters shown below under "Additional Warranty Exceptions". The Specific Terms of This Deed are: Grantors: Lawrence Gray Hause and Ruth V. Hause, c/o Lawrence Gray Hause, 2003 Balsam Drive, Boulder, CO 80304 Grantee: Asphalt Specialties, Co., Inc., a Colorado corporation, 7321 East 88th Avenue, Henderson, CO 80640 Property Description: The N1 /2SW 1/4 of Section 20, Township 1 North, Range 66 West of the Gth P.M., County of Weld, State of Colorado, excepting therefrom the Union Pacific Railroad right of way, and excepting therefrom the East 16 feet thereof, Together with all water and ditch rights appurtenant to said property including, but not limited to any domestic, stock and irrigation wells and Sixty-five (65) shares of the capital stock of The Fulton Irrigation Ditch Company, also known as The Fulton Irrigating Ditch Company, Second Series, and one adjudicated irrigation well known as Hause Well No. 20138 adjudicated in Case No. W-138 in the Water Court In and For Water Division 1, State of Colorado, and one domestic well under permit number 78501 and one stock well under permit number 78502. Property Address: Consideration: One Million, Twelve Thousand Five Hundred and no/100 Dollars (51,012,500.W) Reservations -Restrictions: Reserving however, unto Grantors for themselves, their successors, personal representatives, heirs and assigns, all oil, gas and other minerals of whatever kind or character, lying in, on, under and that may be produced from the above described property, together with rights of ingress, egress and access to explore for, remove, mine and develop the same at all times; Additional Warranty Exceptions: General taxes and assessments for 2002 payable in 2003; easements, reservations, mineral reservations, conditions, agreements, limitations, exceptions, oil, gas and mineral leases, leases, farm leases, restrictions, covenants and rights of way, all of record or as may exist by use on the premises, shortage in area, conflicts in boundary lines and all other matters that would be disclosed by an accurate survey including, but not limited to, encroachments and boundary discrepancies; subject to all governmental laws, rules and regulations; and subject to inclusions within any special or general districts and the benefits, liens and burdens arising therefrom and subject to those matters listed as exceptions listed on the Title Commitment and set forth in Exhibit "A" attached hereto and incorporated by reference. Executed by the Grantors on L Li 2002. 'Lawrence Gray Hause Ruth V. Hause STATE OF COLORADO ) SS COUNTY OF WELD ) The foregoing instrument was acknowledged before me this Z4lrr"‘day of / , 2002, by Lawrence Gray Hause and Ruth V. Hause. WITNESS my hand and official seal. My commission expires: \a t 1 t.oc L �� Notary Public IN1RIt I,ROMMMIwo nmydadjdw SKID, Inc. LG SKL132n7 WE 2972472-2OD2.O01 1111111111111 11111 III 2972472 0712912002 10,48A Weld County, CO 2 of 2 R 10.09 D 101.25 J.A. "Suld" Trutamoto EXHIBIT "A" 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. 6. Rights of way, whether in fee or easement only, for county roads 30 feet wide on each side of section and township lines as established by Order of the Board of County Commissioners for Weld County, recorded October 14. 1889 in Book 86 at Page 273. 7. Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U.S. Patent recorded March 12, 1924 in Book 677 at Page 86. 8, Oil and gas lease between Robert Douglas Hause and Ruth V. Hause, H & W, Laurance Gray Hause and Ruth B. Hause, H & W and H.L. Willett dated August 24, 1978, recorded September 8, 1978 in Book 844 as Reception No. 1766056, and any interests therein or rights thereunder. Note: Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-d2-106, by H. L. Willett, recorded February 11, 1980 in Book 895, as Reception No. 1816675. 9. Matters of Improvement Survey Plat recorded January 24. 2001 as Reception No. 2821173. 10. Lack of a right of access from land to any open public road, service, or highway. 11. Terms, agreements, provisions, conditions and obligations as contained in Resolution recorded August 10, 2001 as Reception No. 2873926. 12. All matters contained in Schedule B of Title Commitment from Transnation Title Insurance Company Order No. 8051498 C-5 dated June 19, 2002 at 7:00 a.m. NOTE: The following notices pursuant to CRS 9-1,5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the subject property. (a) Mountain Bell Telephone Company. recorded October 1, 1981 in Book 949 as Reception No. 1870705. (b) Colorado Interstate Gas Company, recorded August 31, 1964 in Book 1041 as Reception No. 1979784. (c) Associated Natural Gas, Inc., recorded April 10, 1989 in Book 1229 as Reception No. 2175917. (d) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874984. (e) Western Slope Gas Company recorded March 9, 1983 in Book 990 as Reception No. 1919757. (1) Panhandle Eastern Pipe Line Company, recorded June 26, 1986 in Book 1 1 17 as Reception No. 2058722. (g) United Power recorded January 24, 1991 in Book 1288 as Reception No. 2239296. toH l I Itanootool wamnlydeed jdw SKLD, Inc. LG SKI,13207 WE 2972472-2002.002 473 1111111111111111111 IIIII 811111111 ii111 III ii 111III lilt 2972473 07129!20D2 10,4$A Wald County, CD 1 DI 1 R 6.00 D 0.90 J.A, " Suki" Tiukamolo QUIT CLAIM DEED THIS DEED, Made this 24th day of July, 2002 between Asphalt Specialties, Co., Inc., a Colorado corporation of the County of Adams and state o₹ Colorado, grantor, end Hunt Brothers Properties, Inc., a Colorado corporation whose legal address is 7321 East 88th Avenue, Henderson, CO 80640 of the County of Adams and State of Colorado, grantees: WITNs98 TH, That the grantor(s) for and in consideration of the sun of ONE AND 00/100, ($1.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUIT CLAXMED, and by these printouts do remise, release, sell and QUIT CLAIM unto the grantee(.), its heirs, successors and assign. forever, all right, title, interest, claim and demand which the grantor(.) have in and to the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: The N1/2SW1/4 of Section 20, Township I North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. EXCEPTING THiEREPROM the Union Pacific Railroad right of way. also known by street and number as 2292 Weld County Road 27, Fort Lupton, Colorado 80021 TO HAVE AND TO BOLD the same, together with all and singular appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor(.), either in law or equity, to the only proper use, benefit and behoof of the grantee(.), its heirs and assigns forever. IN WITNESS WHEREOF, The grantor (e) have executed this deed on the date set forth skew*. STATE or COLORADO, Asphalt Specialties, Co., Inc., a BY-•-�--- Daniel W. Hunt, President } } e0. The foregoing instrument was acknowledged before County of Weld } ma this .24th day of July, 2002, by Asphalt Specialties, Co., Inc., a Colorado corporation Witness my hand and official seal. My commission expires 10-17-2002 NOTARY PUBLIC No.933. Rev, 3-85 SKLD, Ina. LG SKL13207 WE 2972473-2002.001 eRecorded in Weld County, CO Doc Id: 3525286 12/21/2007 01:52 P Receipt#: 7336691 Page: 1 of 4 Total Fee: $304.95 Steve Moreno, Clerk and Recorder RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Union Pacific Railroad Company Atm: Assistant Vice President -Real Estate 1400 Douglas Street, MS 1690 Omaha, Nebraska 68179-1690 SPACE ABOVE FOR RECORDERS USE ONLY SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, Made this day of December, 2007. HUNT BROTHERS PROPERTIES, INC., a Colorado corporation, whose address is 10100 Dallas Street, Henderson, Colorado 80640, Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, grants, bargains, sells, conveys and confines unto UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, whose legal address is 1400 Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179, Grantee, its successors and assigns, the real property in Weld County, State of Colorado, more particularly described in Exhibit A attached hereto and hereby made a part hereof (the "Property"), together with all its appurtenances and improvements thereon. TO HAVE AND TO HOLD the Property with appurtenances unto the Grantee, its successors and assigns forever. And the Grantor, for the Grantor and the Grantor's successors and assigns, does covenant, grant, bargain, and agree to and with the Grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, the Grantor is well seized of the Property, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and authority to grant, bargain, sell and convey the same in manner and form as aCoresaid, 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 whatsoever, subject, however, to the matters listed on Exhibit B attached hereto and hereby made a part hereof ("Permitted Exceptions"). The Grantor shall and will WARRANT AND FOREVER DEFEND the above - bargained Property in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons lawfully claiming under the Grantor the whole or any part thereof, subject to the Permitted Exceptions. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. t L ! I • SKID, Inc. SKL13207 WE 3525286-2007.001 eRecorded in Weld County, CO Doc Id: 3525286 12/21/2007 01:52 P Receipt#: 7336691 Page: 2 of 4 Total Fee: $304.95 Steve Moreno, Clerk and Recorder IN WITNESS WHEREOF, the Grantor has executed this Deed on the date set forth above. HUNT BROTHERS PROPERTIES, INC. Attest: a Colorado corporation By: SeGrelary Title: Tr, (Seal) STATE OF COLORADO ) ) ss_ COUNTY OI+ The foregoing Special Warranty Deed was acknowledged before me this J(i 1` day of December, 2007, by .1.) a h red v,_j- , why is the e i d 6..1- of Hunt Brothers Properties, Inc., a Colorado corporation, Witness my hand and official seal. My Commission expires: 2 Gudlmo.M.aiu.[yl. Mora' AIH...iAiL4;pl[KE.2crwris.YLfUwct'3o4cAPl4,65.00,A(I.C,IVr.I , bn5,rvnL4,K SKID, Inc. SKL13207 WE 3525286-2007.002 eRecorded in Weld County, CO Doc Id: 3525286 12/21/2007 01:52 P Receipt#: 7336691 Page: 3 of 4 Total Fee: $304.95 Steve Moreno, Clerk and Recorder Exhibit A LEGAL DESCRIPTION File Number: 20060621 That portion of the N I.'2 SW] /4 of Section 20, Township i North, Range 66 West of the 6111 P.M., lying East of the Union Pacific Railroad right of way, County of Weld, State of Colorado File Number- 2006r162 Sle wart Title of CnIuradu Survey Affidavit - Will, Surwyrl i .C - Seller Q;'kIWad) Page 3 of 3 SIuD, Inc. SKI,13207 WE 3525286-2007.003 eRecorded in Weld County, CO Doc id: 3525286 12/21/2007 01:52 P Receipt#: 7336691 Page: 4 of 4 Total Fee: $304.95 Steve Moreno, Clerk and Recorder EXHIBIT B PERMITTED EXCEPTIONS 1. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 2. Taxes for the year 2007 not yet due or payable and subsequent years. 3. Right of Way for county roads 30 feet wide on either side of section and township lines, as established by the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. 4. A Condition contained in the United States Patent recorded March 12, 1924 in Book 677, at Page 86, Weld County Records, which states as follows: "Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and right to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of Courts, and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as provided by Law." 5. Oil and gas lease recorded September 8, 1978 in Book 844 at Reception No. 1766056, and any and all assignments thereof, or interests therein. 6. Oil and gas lease recorded November 13, 1979 in Book 887 at Reception No. 1809094, and any and all assignments thereof, or interests therein; Assignment of Overriding Royalty Interest recorded January 30, 1980 at Reception No. 1815701. 7. Matters shown on Improvement Survey Plat recorded January 24, 2001 at Reception No. 2821I73. 8. Terms, conditions, provisions and stipulations as contained in Resolution recorded August 10, 2001 at Reception No. 2873926. 9. Oil, gas and other minerals as reserved in insuament recorded July 29, 2002 at Reception No. 2972471 and 2972472, and any and all assignments thereof or interests therein, 10. Oil, gas and other minerals as reserved in instrument recorded September 16, 2004 at Reception No. 3219309, and any and all assignments thereof or interests therein. 11. Oil, gas and other mineral interests as granted by instrument recorded July 2, 2004 at Reception No. 3195554, and any and all assignments thereof or interests therein. 12. Terms, conditions, provisions and stipulations as contained in Restrictive Dry -Up Covenant; Grant of Easement; Warranty of First Right of Dry -Up Credit and Agreement to Assist recorded January 13, 2005 at Reception No. 3252692. 13, Dirt Irrigation Dttehes as shown on ALT:VACSN1 Land Title Survey by Stantec Consulting Inc. dated July 27, 2007, G.'Collabormo6lts21.PIagK!1HealRealr,[YeVgren"e, LSWVIi1WeA SikW:qunil.uiu'linryh,wMIKA tewhoa.SN' peca.lcy SKLD, Inc. SKL132o7 NTH 3525286-2007.004 1 eRecorded in Weld County, CO Doc Id: 3560384 06/13/2008 1 1:48 A Receipt#: 7363253 Page: 1 of 5 Total Fee: $26.00 Steve Moreno, Clerk and Recorder RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Regional Transportation District Attn: Manager, Real Property 1600 Blake Street Denver, Colorado 80202 SPACE ABOVE FOR RECORDER'S USE ONLY SPECIAL WARRANTY DEED That UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, whose address is 1400 Douglas Street, Omaha, Nebraska 68179, Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration paid to the undersigned by the Grantee herein named, the receipt and sufficiency of which are hereby acknowledged and confessed, HAS GRANTED, SOLD, AND CONVEYED, and by these presents DOES HEREBY GRANT, SELL, AND CONVEY unto REGIONAL TRANSPORTATION DISTRICT, a political subdivision of the State of Colorado, whose address is 1600 Blake Street, Denver, Colorado 80202, Grantee, all of that certain real estate (the "Property") lying and being situated in Weld County, State of Colorado, as more particularly described in Exhibit A attached hereto and hereby made a part hereof, together with all rights, privileges, easements and appurtenances thereto, and all improvements thereon. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in any wise belonging unto the said Grantee, its successors and assigns forever, and Grantor does hereby bind itself, its successors and assigns, to warrant and forever defend all and singular the Property unto Grantee and its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof, by, through or under it, but not otherwise, subject, however, to the matters listed on Exhibit B attached hereto and hereby made a part hereof ("Permitted Exceptions"). IN WITNESS WHEREOF, the Grantor has caused this Deed to be duly executed this ?.O day of pmt , 2008. Attest: Assistant Secretary (Seal) SKLD, Inc. SKL13209 WE 3560364-2006.001 UNION PACIFIC RAILROAD COMPANY, a Delaware corporation By: _ Title: a ce P esi - ea tate eRecorded in Weld County, CO Doc Id: 3560384 06/13/2008 11:48 A Receipt#: 7363253 Page: 2 of 5 Total Fee: $26.00 Steve Moreno, Clerk and Recorder ACKNOWLEDGEMENT STATE OF NEBRASKA ) ) ss. COUNTY OF DOUGLAS ) On a, , 2008, before me, ar8isiOyLBAlic in and for said County and State, perianally appeared and Barbara Holder Assistant Vice President — Real Estate and Assistant Secretary, respectively, of UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. }+� GENERAL NOTARY - State of Nebraska PAUL G. FARRELL My Corm. Exp. Dec. 2d, Z009 (SEAL) Denver RTD SW Deed. Hum Runs propuny (1;ROR SKLD, Inc. SKL13209 WE 3560384-2008.002 2 eRecorded in Weld County, CO Doc Id: 3560384 06/13/2008 11:48 A Receipt#: 7363253 Page: 3 of 5 Total Fee: $26.00 Steve Moreno, Clerk and Recorder EXHIBIT A LEGAL DESCRIPTION OF PROPERTY THAT PORTION OF THE NORTH HALF (NI/2) OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION 20, TOWNSHIP I NORTH, RANGE 66 WEST OF THE 6Tx P.M., LYING EAST OF THE UNION PACIFIC RAILROAD RIGHT OF WAY, COUNTY OF WELD, STATE OF COLORADO. Denver RTD sw PeedHur, eras properly w:aue SKLD, Inc. SKL13208 WE 3560384-2008.003 1 eRecorded in Weld County, CO Doc Id: 3560384 06/13/2008 11:48 A Receipt#: 7363253 Page: 4 of 5 Total Fee: $26.00 Steve Moreno, Clerk and Recorder EXHIBIT B PERMITTED EXCEPTIONS 1. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof, water rights, claims or title to water. 2. Taxes not yet due or payable and subsequent years. 3. Right of Way for county roads 30 feet wide on either side of section and township lines, as established by the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. 4. A Condition contained in the United States Patent recorded March 12, 1924 in Book 677, at Page 86, Weld County Records, which states as follows: "Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and right to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of Courts, and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as provided by Law." 5. Oil and gas lease recorded September 8, 1978 in Book 844 at Reception No. (766056, and any and all assignments thereof, or interests therein. 6. Oil and gas lease recorded November 13, 1979 in Book 887 at Reception No. 1809094, and any and all assignments thereof, or interests therein; Assignment of Overriding Royalty Interest recorded January 30, 1980 at Reception No. 1815701. 7. Matters shown on Improvement Survey Plat recorded January 24, 2001 at Reception No. 2821173. 8. Terms, conditions, provisions and stipulations as contained in Resolution recorded August 10, 2001 at Reception No. 2873926. 9. Oil, gas and other minerals as reserved in instrument recorded July 29, 2002 at Reception No. 2972471 and 2972472, and any and all assignments thereof or interests therein. 10. Oil, gas and other minerals as reserved in instrument recorded September 16, 2004 at Reception No. 3219309, and any and all assignments thereof or interests therein. 11. Oil, gas and other mineral interests as granted by instrument recorded July 2, 2004 at Reception No. 3195554, and any and all assignments thereof or interests therein. Denver RTD SW Deed Hunt RNS psixny 042808 SKID, Inc. SKL13209 WE 3560384-2008.004 1 eRecorded in Weld County, CO Doc Id: 3560384 06/13/2008 11:48 A Receipt#: 7363253 Page: 5 of 5 Total Fee: $26.00 Steve Moreno, Clerk and Recorder 12. Terms, conditions, provisions and stipulations as contained in Restrictive Dry -Up Covenant; Grant of Easement; Warranty of First Right of Dry -Up Credit and Agreement to Assist recorded January 13, 2005 at Reception No, 3252692. 13. Dirt Irrigation Ditches as shown on ALTA/ACSM Land Title Survey by Stantec Consulting Inc. dated July 27, 2007. Dower RID SW Deed Bum Bros popery 0428D8 SKID, Inc. SKL13209 WE 3560384-2008.005 2 4239191 09/23/2016 01:26 PM Total Pages: 5 Rec Fee: $31.00 Doc Fee: $410.00 Carly Koppes - Clerk and Recorder, Weld County, CO SPECIAL WARRANTY DEED THIS DEED, Made this ZnCiday of September, 2016 between Regional Transportation District, a political subdivision of the State of Colorado of the County of Weld and State of COLORADO, grantor(s), and Brannan Sand and Gravel Company, LLC, a Colorado limited liability company whose legal address is 2500 E Brannan Way Denver, CO 80634 of the County of Weld, State of Colorado, grantee(s): WITNESS, That the grantor(s), for and in consideration of the sum of Four Million One Hundred Thousand Dollars and No/100's ($4,100,000.00), 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(s), his heirs 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: See Exhibit A attached hereto and made a part hereof. Doc Fee S 410.00 also known by street and number as 2542 WCR 27 plus additional land , Fort Lupton, CO 80621 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee(s), his heirs, and assigns forever. The grantor(s), for himself, his heirs and personal representatives or successors, does covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee(s), his heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor(s). " And except the items set forth on Exhibit B attached hereto and by this reference made a part hereof.' The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor(s) has executed this deed on the date set forth above. SELLER: Regional T nsportation District, a political subdivision of the State, o llorado by: David A. Genova as: GM & CEO STATE OF COLORADO COUNTY OF Oe, The foregoing instrument was acknowledged David A. se/ova,. Approved as to Legal Form for RTD: by: } ss: Lori Graham Associate General Counsel before me this O1O2 day of September, 2016 by for Regional Transportation Distri CHRISTINE ARAGON Notary Public State of Colorado Notary ID 20154022600 M Commission Ex Tres Jun 9, 2019 Witness my hand and offci My Commission expires: as C eller& I Irarraler + eh al subdivision of the State of Colorado seal. °I,00)q SPWDTC1 Special Warranty Deed Tenants in Common File No. F0536528 4239191 09/23/2016 01:26 PM Page 2 of 5 Exhibit A PARCEL ONE: THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M., EXCEPT A PARCEL OF LAND CONVEYED IN DEED RECORDED IN BOOK 1088 AT PAGE 10, AND EXCEPT RIGHT OF WAY FOR THE LINE OF RAILROAD OF THE UNION PACIFIC RAILROAD COMPANY OVER THE WESTERLY PORTION OF THE LAND, AS EVIDENCED BY AFFIDAVIT RECORDED OCTOBER 25, 1977 IN BOOK 812 AT RECEPTION NO. 1734043, COUNTY OF WELD, STATE OF COLORADO. PARCEL TWO: THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6'H P.M., EXCEPT A PARCEL OF LAND CONVEYED BY AGREEMENT RECORDED IN BOOK 208 AT PAGE 105, COUNTY OF WELD, STATE OF COLORADO. PARCEL THREE: THAT PORTION OF THE NORTH HALF (N1/2) OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION 20, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH PM, LYING EAST OF THE UNION PACIFIC RAILROAD RIGHT OF WAY, COUNTY OF WELD, STATE OF COLORADO. 4239191 09/23/2016 01:26 PM Page 3 of 5 Exhibit B 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for the value the estate or interest or mortgage thereon covered by this Commitment. 2. Taxes for the current year a lien not yet due and payable. 3. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 4. Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees. 5. Right of Way for county roads 30 feet wide on either side of section and township lines, as established by the Board of County Commissioners of Weld County, recorded October 14, 1889 in Book 86 at Page 273. 6. A Condition contained in the United States Patent recorded January 20, 1879 in Book 20, at Page 223 and Page 234, Weld County Records which states as follows: "Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and right to ditches and reservoirs used in connection with such water rights, as maybe recognized and acknowledged by the local customs, laws and decisions of Courts, and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as provided by Law." 7. An easement for a canal and incidental purposes as granted to Fulton Irrigation Ditch Company by an instrument recorded December 6, 1972 in Book 681 at Reception No. 1603090 upon the terms and conditions therein set forth. 8, Oil and gas lease recorded April 4, 1975 in Book 735 at Reception No, 1657484, and any and all assignments thereof, or interests therein. 9. An easement for pipe line and incidental purposes as granted to Panhandle Eastern Pipe Line Company by an instrument recorded December 2, 1975 in Book 754 at Reception No. 1675869 upon the terms and conditions therein set forth. 10. An easement for pipe line and incidental purposes as granted to Panhandle Eastern Pipe Line Company by an instrument recorded January 12, 1976 in Book 757 at Reception No. 1678646 upon the terms and conditions therein set forth. 11. Terms, conditions, provisions, and stipulations as contained in Corrective Dry -Up Covenant recorded September 19, 1991 in Book 1311 at Reception No, 2263635. 12. NOTE: The following notices pursuant to CRS 9-1.5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within subject property: Panhandle Eastern Pipe Line Company, recorded June 26, 1986 in Book 1117 under Reception No. 2058722. Union Rural Electric Association, Inc. (United Power, Inc.) recorded January 24, 1991 in Book 1288 under Reception No. 2239296. 13. A Condition contained in the United States Patent recorded March 12, 1924 in Book 677, at Page 86, Weld County Records, which states as follows: "Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and right to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of Courts, and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as provided by Law." 4 4239191 09/23/2016 01:26 PM Page 4 of 5 14. Oil and gas lease recorded September 8, 1978 in Book 844 at Reception No. 1766056, and any and all assignments thereof, or interests therein. 15. Oil and gas lease recorded November 13, 1979 in Book 887 at Reception No. 1809094, and any and all assignments thereof, or interests therein; Assignment of Overriding Royalty Interest recorded January 30, 1980 at Reception No, 1815701. 16, Matters shown on Improvement Survey Nat recorded January 24, 2001 at Reception No. 2821173. 17. Terms, conditions, provisions and stipulations as contained in Resolution recorded August 10, 2001 at Reception No. 2873926. 18. Oil, gas and other minerals as reserved in instrument recorded July 29, 2002 at Reception No. 2972471 and 2972472, and any and all assignments thereof or interests therein. 19. Reservation of minerals as evidenced in deeds recorded December 19, 2003 at Reception No. 3137286 and recorded June 13, 2008 at Reception No. 3560381. 20. Oil, gas and other minerals as reserved in instrument recorded September 16, 2004 at Reception No. 3219309, and any and all assignments thereof or interests therein. 21. Oil, gas and other mineral interests as granted by instrument recorded July 2, 2004 at Reception No. 3195554, and any and all assignments thereof or interests therein. 22. Terms, conditions, provisions and stipulations as contained in Restrictive Dry -Up Covenant; Grant of Easement; Warranty of First Right of Dry -Up Credit and Agreement to Assist recorded January 13, 2005 at Reception No. 3252692. 23. Terms, conditions, provisions, agreements and obligations contained in the Request for Notification recorded December 21, 2007 at Reception No. 3525268. 24. Terms, conditions, provisions, agreements and obligations contained in the Order for Class D Water Allotment recorded March 31, 2008 at Reception No. 3544528. 25. All items as disclosed on Land Title Survey recorded May 8, 2008 at Reception No. 3552663. 26. All items as disclosed on Land Title Survey recorded May 8, 2008 at Reception No. 3552664. 27, Terms, conditions, provisions, agreements and obligations contained in the Petition for Class D Non - Irrigation Water Allotment Contract recorded November 3, 2008 at Reception No. 3587852. 28. Terms, conditions, provisions, agreements and obligations contained in the Request for Notification of Pending Surface Development recorded February 17, 2009 at Reception No. 3605782. 29. Any tax, lien, fee, or assessment by reason of inclusion of the Land in the Groundwater Management Subdistrict of the Central Colorado Water Conservancy, as evidenced by instrument(s) recorded January 5, 2011 at Reception No. 3743024. 30. Mineral Deeds conveying mineral interests of any kind, including any interests in any unit or pooled area, recorded November 19, 2012 at Reception Nos. 3889440, 3889441 and 3889442 and any and all assignments thereof or interests therein. 31 Quit Claim Mineral Deed conveying mineral interests of any kind, including any interests in any unit or pooled area, recorded January 24, 2013 at Reception No. 3905282 and any and all assignments thereof or interests therein 32. Easement Deed by Court Order in Settlement of Landowner Action recorded March 15, 2013 at Reception No. 3917346 and recorded July 11, 2013 at Reception No. 3946861. 33. Terms, conditions, provisions, agreements and obligations contained in the Resolution No. 2014R008 recorded February 20, 2014 at Reception No. 3997165. 4239191 09/23/2016 01:26 PM Page 5 of 5 34. Mineral Deed conveying mineral interests of any kind, including any interests in any unit or pooled area, recorded July 30, 2014 at Reception No. 4034454 and any and all assignments thereof or interests therein. 35. Any rights, interests, or claims which may exist or arise by reason of the following matters disclosed by survey, Job No.: 205303193 Dated: January 4, 2016 Prepared by: Stantec Matters shown: a.) Fence lines do not coincide with property lines. b.) Gravel road lying outside property lines. c.) Right of way for conc. headgate structure. d.) Right of way for concrete drainage structure. e.) Right of way for dirt ditches. f.) Right of way for overhead utility lines. g.) Right of way for cone. headwall. h.) Right of way for gas signs. i.) Railroad right of way. j.) Right of way for gas marker. 4239192 09/23/2016 01:26 PM Total Pages: 2 Rec Fee: $16.00 Carly Koppes - Clerk and Recorder, Weld County, CO When recorded return to: Alex Schatz Brannan Sand and Gravel Company 2500 Brannan Way Denver, Colorado 80229 Consideration less than $500, no doc. fee QUITCLAIM DEED (Minerals) The Regional Transportation District, a political subdivision of the State of Colorado ("Grantor"), whose address is 1560 Broadway, Suite 650, Denver, CO 80202, for and in consideration of the sum of Ten and no/100 Dollars ($10.00) and other good and valuable consideration, hereby sells, quitclaims, and assigns to Brannan Sand and Gravel Company, LLC, a Colorado limited liability company ("Grantee"), whose address is 2500 Brannan Way, Denver, Colorado 80229, any and all of Grantor's right, title, and interest in and to the entire mineral estate of the property more particularly described in Exhibit A attached hereto ("Property") including, without limitation, all oil and gas and oil and gas rights, and minerals and mineral rights on, under or associated with the Property; subject, however, to all currently existing leases, assignments, profits, surface use agreements and other transactions involving the mineral estate. Signed this 1.,1„ day of September, 2016. Regional Transportation District a political su . division of the State of Colorado Approved as to legal form: By: David A. Genova. General Manager/CEO STATE OF COLORADO ) ) ss. COUNTY OF ,[)t / � ) Lori L. Graham Associate General Counsel Acknowledged before me on th lay of September, 2016 b ,CX1✓IQ't`{. i►enOVcc..as Cct- CEO of the Regional Transportation District, a political subdivision of the State of Colorado. WITNESS MY HAND AND OFFICIAL SEAL. My Commission expires: _ A lop CHRISTINE ARAGON Notary Public State of Colorado Notary ID 20154022600 My Cor.►mission Ex ires Jura 9, 2019 1 4239192 09/23/2016 01:26 PM Page 2 of 2 EXHIBIT A Legal Description of the Property The following three (3) parcels in the County of Weld, State of Colorado: PARCEL ONE: THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M., EXCEPT A PARCEL OF LAND CONVEYED IN DEED RECORDED IN BOOK 1088 AT PAGE 10, AND EXCEPT RIGHT OF WAY FOR THE LINE OF RAILROAD OF THE UNION PACIFIC RAILROAD COMPANY OVER THE WESTERLY PORTION OF THE LAND, AS EVIDENCED BY AFFIDAVIT RECORDED OCTOBER 25, 1977 IN BOOK 812 AT RECEPTION NO. 1734043, COUNTY OF WELD, STATE OF COLORADO. PARCEL TWO: THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M., EXCEPT A PARCEL OF LAND CONVEYED BY AGREEMENT RECORDED IN BOOK 208 AT PAGE 105, COUNTY OF WELD, STATE OF COLORADO. PARCEL THREE: THAT PORTION OF THE NORTH HALF (N1/2) OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION 20, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M., LYING EAST OF THE UNION PACIFIC RAILROAD RIGHT OF WAY, COUNTY OF WELD, STATE OF COLORADO. 2 4239193 09/23/2016 01:26 PM Total Pages: 3 Rec Fee: $21.00 Carly Koppes - Clerk and Recorder, Weld County, CO When recorded return to: Alex Schatz Brannan Sand and Gravel Company 2500 Brannan Way Denver, Colorado 60229 Consideration less than $500, no doe. fee QUITCLAIM DEED (Water and Water Rights) The Regional Transportation District, a political subdivision of the State of Colorado ("Grantor"), whose address is 1560 Broadway, Suite 650, Denver, CO 80202, for and in consideration of the sum of Ten and no/100 Dollars ($10.00) and other good and valuable consideration, hereby sells, quitclaims, and assigns to Brannan Sand and Gravel Company, LLC, a Colorado limited liability company ("Grantee"), whose address is 2500 Brannan Way, Denver, Colorado 80229, any and all of Grantor's right, title, and interest in all surface water and water rights appurtenant to the property more particularly described in Exhibit A attached hereto ("Property"); all tributary, non -tributary, and not non -tributary ground water and ground water rights underlying and/or appurtenant to the Property, and the right to extract and/or use said water and to freely assign or convey such rights; including, without limitation, the water and water rights associated with Well Permit Nos. 19047 -FR, and 6173-F; and Well Nos. 1 -Unregistered, 2-6173-F, and 3 -Unregistered, decreed in Case No. W-6340; together with all rights to any wells on the Property and the right to extract and/or use water from said wells and to freely assign or convey such right. Signed this2 . day of September, 2016. Regional Transportation District a political subdivision of the State of Colorado By: David A. Genova, General Manager/CEO STATE OF COLORADO ) ss. COUNTY OF fi.P./21)-01_, Acknowledged before me on thday of September, 2016 b wd I�. �y,Pr)akR as en) 4 ( a of the Regional Transportation District, a political subdivision of the State of Colorado. WITNESS MY HAND AND OFFICIAL SEAL. My Commission expires: �.�1 -I, AGON Notary PuDI r, State of Colorado Notary ID 20154022600 MM Commission Expires Jun 9, 2' D,9 Notary Public 1 4239193 09/23/2016 01:26 PM Page 2 of 3 APPROVED AS TO LEGAL FORM By: t --L4 _ Cj.12-/( Lori L. Graham Date Associate General Counsel 4239193 09/23/2016 01:26 PM Page 3 of 3 EXHIBIT A Legal Description of the Property The following three (3) parcels in the County of Weld, State of Colorado: PARCEL ONE: THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M., EXCEPT A PARCEL OF LAND CONVEYED IN DEED RECORDED IN BOOK 1088 AT PAGE 10, AND EXCEPT RIGHT OF WAY FOR THE LINE OF RAILROAD OF THE UNION PACIFIC RAILROAD COMPANY OVER THE WESTERLY PORTION OF THE LAND, AS EVIDENCED BY AFFIDAVIT RECORDED OCTOBER 25, 1977 IN BOOK 812 AT RECEPTION NO. 1734043, COUNTY OF WELD, STATE OF COLORADO. PARCEL TWO: THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M., EXCEPT A PARCEL OF LAND CONVEYED BY AGREEMENT RECORDED IN BOOK 208 AT PAGE 105, COUNTY OF WELD, STATE OF COLORADO. PARCEL THREE: THAT PORTION OF THE NORTH HALF (N1/2) OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION 20, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M., LYING EAST OF THE UNION PACIFIC RAILROAD RIGHT OF WAY, COUNTY OF WELD, STATE OF COLORADO. 3 1 2 3 4 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR 5 OTHER COUNSEL BEFORE. SIGNING. 6 7 AGREEMENT TO AMEND/EXTEND CONTRACT 8 Date: 17 August 2016 In 11 1. This agreement amends the contract dated 12-8-2016, as amended (Contract), between Regional Traespottation District 12 (Seller), and Brannan Sand and Gravel Company. 13 (Buyer), relating to the sale and purchase of the following legally described real estate in the County of Weld 14 Colorado: Parcel 1: AU that tract of land described en Exhibit A of the Special Warranty Dead recorded Juno 13, 2008 at Rec. No. 3560364; 15 Parcel 2: The South half of the Northwest quarter of Section 26. Township 1 North, Range es West, of the 6th P.M., LESS AND EXCEPT the portion described In the Warranty Deed recorded December 20, 1941, in Book 109$ at Page 10; 16 Parcel 3: The Southwest quarter of the Northeast quarter end the Northwest quarter of the Southeast quarter of Sedtion 20, Tuwnshlp 1 North, Range 66 West, of the 6th P.M. 17 18 known as No. 2542 Weld County Road 27 Fort Lupton CD 80621 (Property). 19 Street Address 20 21 NOTE: If the table is omitted, or if any item 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 2. § 3. DATES AND DEADLINES. [Note: This table may be omitted if inapplicable.] The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (AE41-6-15) (Mandatory 1-16) City State Zip Item No. Reference Event Date or Deadline No Change Deleted I § 4.3 Alternative Earnest Money Deadline x _ Title 2 § 8.1 Record Title Deadline x 3 § 8.2 Record Title Objection Deadline x 4 § 8.3 Off -Record Title Deadline x 5 § 8.3 Off -Record Title Objection Deadline x 6 § 8.4 Title Resolution Deadline x 7 § 8.6 Right of First Refusal Deadline x Owners' Association 8 § 7.3 Association Documents Deadline x 9 § 7.4 Association Documents Objection Deadline x Seller's Property Disclosure 10 § 10.1 Seller's Property Disclosure Deadline x Loan and Credit 11 § 5.1 Loan Application Deadline x 12 § 5.2 Loan Objection Deadline x 13 § 5.3 Buyer's Credit Information Deadline x 14 § 5.3 Disapproval of Buyer's Credit Information Deadline x 15 § 5.4 Existing Loan Documents Deadline x 16 § 5.4 Existing Loan Documents Objection Deadline x 17 § 5.4 Loan Transfer Approval Deadline x 18 § 4.7 Seller or Private Financing Deadline x Appraisal 19 § 6.2 Appraisal Deadline x 20 § 6.2 Appraisal Objection Deadline x 21 § 6.2 Appraisal Resolution Deadline x Survey 22 § 9.1 New ILC or New Survey Deadline x AE41-6-15. AGREEMENT TO AMEND/EXTEND CONTRACT Page 1 of 2 26 27 3. Other dates or deadlines set forth in the Contract are changed as follows: 28 Unless modified to a date sooner by mutual agreement of the Parties, and effective upon Buyer's deposit of $10,000 additional earnest money 29 applicable to purchase price, the Closing Date shall be September 22, 2016; provided that, for each day after August 22, 2016, until this 30 amendment has been mutually executed, the Buyer may extend the Closing Date by one additional day. 31 4. Additional amendments: 32 The Buyer is authorized to apply for Use by Special Review (USR) zoning from Weld County to cover sand and gravel recovery and 33 associated activities. This authorization is suspended if the Contract is terminated prior to closing_ 34 35 All other terms 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 26 August 2016 51)0p.m. 40 Item No. Reference Event Date or Deadline No Change Deleted 23 § 9.3 New ILC or New Survey Objection Deadline x 24 § 9.4 New ILC or New Survey Resolution Deadline x Inspection and Due Diligence 25 § 10.3 Inspection Objection Deadline x 26 § 10.3 Inspection Resolution Deadline x 27 § 10.5 Property Insurance Objection Deadline x 28 § 10.6 Due Diligence Documents Delivery Deadline x 29 § 10.6 Due Diligence Documents Objection. Deadline x 30 § 10.6 Due Diligence Documents Resolution Deadline x 31 § 10.6 Environmental Inspection Objection Deadline CBS2, 3, 4 x 32 § 10.6 ADA Evaluation Objection Deadline CBS213, 4 x 33 § 10.7 Conditional Sale Deadline x 34 § 11.1 Tenant Estoppel Statements Deadline CBS2, 3, 4 x 35 § 11.2 Tenant Estoppel Statements Objection Deadline CBS2, 3, 4 x Closing and Possession 36 § 123 Closing Date See ¶ 3 below. 37 § 17 Possession Date Closing Data. 38 § 17 Possession Time 5:00 p.m., MDT 41 42 Buyer's Name: 1_ Buyer's Sigriatnre Seller's Name: e Seller's Signature Date 43 Approved as to legal form Lori L. Graham Associate General Counsel Buyer's Name: Date Time Buyer's Signature Date Seller's Name: Seller's Signature Date AE41-6-15. AGREEMENT TO AMEND/EXTEND CONTRACT Page 2 st' 2 Exhibit N — Source of Legal Right to Enter The applicant is under contract to purchase the subject property from the current owner and expects to complete this transaction prior to establishing commercial mining activities. Pursuant to the Contract between the current owner and the applicant, the owner has agreed to cooperate with efforts to resolve regulatory issues and provide access to the property. The Contract is attached for reference; see Additional Provisions at Section 30 (A, E, and L). Exhibit 0 — Owners of Record of Affected Land (Surface Area) and Owners of Substance to be Mined At the time this application is being submitted, the Regional Transportation District (RTD) is the owner of record of all affected land. Pending completion of the contract between RTD and the applicant (see Exhibit N for details), the property will be owned by Brannan Sand and Gravel Company, L.L.C. The owner of the surface estate is the sole owner of all sand, gravel, and other construction materials to be recovered. The access road, between the entry point on Weld County Road 8 and the parcel boundary approximately %-mile to the south is being acquired from Villano Family Investments, LLC. No construction materials will be recovered from this property, though the affected area will encompass the access road unless and until it is dedicated to use as a public right-of-way. 12 13 14 15 16 2. 17 18 19 20 21 22 23 24 25 26 Parcel 1: All that tract of land described on Exhibit A of the Special Warranty Deed recorded June 13, 27 2008 at Reception No. 3560384. 28 29 Parcel 2; The South half of the Northwest quarter of Section 20, Township 1 North, Range 66 West of the 30 6th P.M., LESS AND EXCEPT the portion described in (his Warranty Deed recorded December 31 20, 1941 In Book 1088 at Page 10. 32 33 Parcel 3: The Southwest quarter of the Northeast quarter and the Northwest quarter of the Southeast 34 quarter of Section 20, Township i North, Range 06 West of the 6th P.M, 35 36 known as No, 2542 WCR 27 plus additional land Fort Lupton CO 80621, Street Address City State Zip 37 together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto, 38 and ail interest of Seller in vacated streets and alleys adjacent thereto, except as herein excluded (Property), 39 2.5. Inclusions, The Purchase Price includes the following items (inclusions): 40 All on property at time of Mutual Execution of Contract (MEC) 41 2,5.1, Fixtures, All fixtures attached to the property on the date of this Contract. 42 Other Flxturesl Ail on property at time of MEC 43 If any fixtures are attached to the Property after the date of this Contract, such additional fixtures are 44 included in the Purchase Price. 45 2.5,2. Personal Property. If on the Property, whether attached or not, on the date of this Contract, the 46 following items are included: All on property at time of MEC 47 Other Personal Property: All on property at time of MEC 1 2 3 4 5 Peter G. Gunderson Senior Broker Associate The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission, (CBS4.8-13) (Mandatory 1.14) THIS FORM ItAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT L£CAL AND TAX OR OTHER 6 COUNSEL BEFORE SIGNING. 7 CONTRACT '10 BUY AND SELL REAL ESTATE 9 (LAN J) 10 11 Date: 12-8-2915 (gi Property with No Residences) (O Property with Residences -Residential Addendum Attached) �t.�. i..c i, -'J t1 ... `i.l "-r :� t� SI e ` �.11 r r•ir'•. r;•4 ..i._ _ ; ��ya� . u e , v t -...v. .n . ,�'i Y{f 4;j s ..•�7 n'.; ry, f•}� 44 a; ,. ��-:��?`� ' �•�. � _ 'Y•�tl r' Z r- :>p��-'��. C}�'!:a' �.�,.y,5,'-,��`: `-'�}A Ei'rr: - T YF l°a" :4 '..'r�'.+: �d- �I.n• -. ;,i: ,t7:�rt{.�_, a:t�.t.J•?�� .. -S 3' ;-3 r f� t ,si E �S.:�;'�.. - r", - .:�. i,..ij.f�l.tifiS:<._.i_i�,y;�.t..7x••.':::�:+.�:� �. ,�.,t. tz}:rr«i 1. AGREEMENT, Buyer, identified in § 2.1, agrees to buy, end Seller, identified in § 2.3, agrees to sell, the Property described below on the terms and conditions set forth in this contract (Contract). PARTIES AND PROPERTY. 2.1. Buyer. Buyer, Brennan Sand and Gravel Company, LLC and/or assigns , will take title to the Property described below as [Motet Tenants (]Tenants In Contnton ZOther TBD, 2,2. Assignability and Inurement. This Contract Is O1s Not assignable by Buyer without Seller's prior written consent, Except as so restricted, this Contract inures to the benefit of and is binding upon the heirs, personal representatives, successors and assigns of the parties. 2.3. Seller. Seller, Regianal TransnQlon District (RTD), is the current owner of the Property described below. 2.4. Property, The Property is the fallowing legally described real tattle in the County of Weld, Colorado: Three contiguous parcels assembled for sale by the seller, consisting of: www.etCa,nratl.torn CoPy'r'ight 20142014 .IfzcQ I"tr;AC'l Cos4.s•;J Cowart to Buy and Sell Reel Palate VAN]) 12/08115 n12:44 PM Papa I 01'14 48 The Personal Property to be conveyed at Closing must be conveyed by Seller free and clear of all taxes 49 (except personal property taxes for the year of Closing), liens and encumbrances, except J1One. 50 Conveyance will be by bill of sale or other applicable legal instrument. 51 2.5.3. Trade Fixtures, With respect to trade fixtures, Seller and Buyer agree as follows: 52 The Trade Fixtures to he conveyed at Closing will be convoyed by Seller free and clear of' all taxes 53 (except personal property taxes for the year of Closing), liens and encumbrances, except JWA. 54 Conveyance will be by bill of sale or other applicable legal•instrument. 55 2.6 Exclusions. The following items are excluded (Exclusions): None 56 2.7. Water Rights, Well Rights, Water and Sewer Taps. 57 2.7.1 Deeded Water Rights. The following legally described water rights. Any owned by Seller 58 Any deeded water rights will be conveyed by a good and sufficient Qyilelaim deed at Closing. 59 2,7,2. 00ther Rights Relating to Water. The following rights relating to water not included in §§ 2.7.1, 60 2.7.3, 2.7.4 and 2.7.5, will be transferred to Buyer at Closing: Ali owned by Seller 61 2,7.3. OWell Rights. If any water well is to be transferred to Buyer, Seller agrees to supply required 62 information about such well to Buyer. Buyer understands that if the well to be transferred is a "Small 63 Capacity Well" or a "Domestic Exempt Water Well" used for ordinary household purposes, Buyer must, 64 prior to or at Closing, complete a Change in Ownership form for the well, If an existing well has not been 65 registered with the Colorado Division of Water Resources in the Department of Natural Resources 66 (Division), Buyer must complete a registration of existing well form for the well and pay the cost of 67 registration. If no person will be providing a closing service In connection with the transaction, Buyer 68 shall file the form with the Division within sixty days after Closing. The Well Permit If is Seller Io 69 provide permits for all wells and aucirnentalion t tj infer atlon from ntr lorad al r 70 Conservancy District 7i 2,7,4. ®Water Stock Certificates: The water stock certificates to be transferred at Closing are as follows: any 72 owned by Seller 73 2,7.5, Water Tap and Sewer Taps, Note: Buyer is advised to obtain, from the provider, written 74 confirmation of the amount remaining to be paid, if any, time and other restrictions for transfer and 75 use of the taps. 76 2.7.6. Conveyance, if Buyer is to receive any rights to water pursuant to § 2.7.2 (Other Rights Relating la 77 Water), § 2.7.3 (Well Rights), or § 2.7.4 (Water Stock Certificates), Seller agrees to convey such rights to 78 Buyer by executing the applicable legal instrument at Closing. 79 2,8, Crowing Crops. With respect to growing crops, Seller and Buyer agree as follows: g? E 3. DATES AND DEADLINES. � A 1 ' art' § 4.3 i `" � p�-.� � Alternative Earnest Money Deadline 1 rte- MEC plus 5 days (See Additional ' Pro�lsions) ` ` � r X11''' sin .I.., '. _4. l 14 ' Tiati I.2 -[§.8.I 8.2 , , Y� 8 3 . _..L. ...,' K,3 � . •.- RecorciTitle Deadline,. .... .....• . .;._M. C.pitrs 7 days. • _.. I 3 ��-�_ Record Title Objection Deadline 1 ... .•...... � MEC plus 4S days r. `1....._.....�r .Off Record Title,Deadilpe [. i+AEC plus ? daye...._--.. [., 5......._......� 6 "---11-87,f-----1 pff-Renard Title Objection I]andline . . .------......._.•-__,..._..l_---....�.w...._..... _..-•_-.�,L,M•EC plus 45 days. • Title Resolution Deadline iI MSC plus 60 days 7 . :I,. "x8.6. :1 of Pint R ctitsal Deadline (I N/A - .. _.., .,. ..._._4 ,R`4ight Wi!r_ ..'�r 7. 'I�•. �E`'Y' � .•i ff71t,• �.. rinf la76,t�a+Q.�jF�Tii .INIfit. Al..' x�,{it. J�ti. 4 r�,b�{MION1 = Y 41�Y �� ., C3 i!' ►f.'7. �� S�� .+4��Y,iD'h��,7ti41PiS"1t�1�'laf+'f�:ri�:95iKF.Y.1:F�5�1L'�.� I. 8...- I § 7.3 Assoelatlon Docurnenfs N . • . ' 9 , .ii 7.4 :[7 r;tf.;1� ,f l,f. > :a -O �1[ Associstiori Documents Objection Deadline _ .. NfA -••_• . _ -... _ ... .. -• �.. ..R_f, _ •�,T't+l its` f�Sl a4 sti'�t31i_[�#� ,. Tr N• r 1 •oa � r v 5 v A� i .3L13g � �• ), . , 1J' �� 99 `; }}�1 ��uu] c��! r, ,[ i.o IPATI ' CVJAMON1 Seller's Property_DIsclosuraDeadlina I MEP ills 7 da s . ARAM 7dMI e 1 St ". I li a, , SAMIM' Krl' - g.i'tt l f 11 ;l1.5.1 . '1 Loan Application Deadline 'I (See Additional P(ovisions) ' 12 5.2 Loan Ob cation Deadline �[ ��. �... .r ... ._-_,• .1... •._.. ....... ........... f _tSee Rddltfonal pravlsions) ... . _ 113----1, $ 5.3 . _ _ �r Buyor's Credit information Deadline ,.. .,_,,. ;[ (See Additional Provisions}•, . • 114 • § 5.3 . : Disap ny.0,of l3,uy_q`s Credit itti'ormation_Pe.f.1 hie . , (W a Addiiiot3ai_Pr4vlsions)_ Pegs2 el 19 82 83 84 85 19 19 90 91 1 ,�'+-.:, Ct'h9t'+Ffi�1' IG'�`•.4'k "A F 1>k•A ... �:, . 'I'_��1�.�P .�i:.., .::9 a�'� �S:�+ A '4 .r ,5 �'i7 �•' .y�1ie 1 c . 1 2' 1 � i r e d r � ;e t.,f _ CC ��•s� • tsi�'',ti 4tta:i�7r�� •1. :�:ky.t+ i3.�,E � ��E��I�;i'' `":i.kg.s:��,: � ;� r&�=.'vr .a�.K�slrti� ,., [ 15 ;1 § 5.4 [ Exlsling Loan Documents Deadline [ N/A 1 16 -[ 'Mr - * 5.4 ;I , Existing Loan Documents Objection Deadline .I ,N/A ............................. 55.1.. p[- . iozrpTrand;'erApprovalDeadline-._.._ _._ 1 . uT r frelfa [ § 4.? [ vane;jFuranoiin�g Dpeadlioe NJA• .. .. .-�„�a. ---,?.�- • 1�y; ,+Sncllc1Yr}a�r TPr q �I R ;f l K.6,,htr YltitgraraieF'�l,"Ce`�I�' PY.C�i1` fr F .�i -�"f ��jr 1 yy v 'i, , a mil �� f.��!��RVcf�� ,taes�a 'Pf�s�t!4�4},ia'[Tll ��;�{>'rkai�n Z1�i 1..19 f § 6,2........:I... ... APprnisal.Deadtlna ......,I N/A i 20 I. T 6,2 `I-. Al?praisatOkleeh©n Deadline ., _ , 4$ee Adtiilional Provlsfons)_, . 1�;gn� �(°, �{�"�� `,'� .,'°Y�{,�j I n�' �"uMr�!.7�',�7I�i -� �-tyriPi:. �'y}, s":yT��{2 t'4� a t�Fat•' p��-,; r el,�+,��S� 4,i�' '} �� • j, .�.{r IL3:5�'�aWl,rl r:}:s�'�z } �` 10,(WA , Yri}�f`�t�i+` �.0A. L'F'.arIIitit4 gl•?n1A React igiF7kniiigif li [ 21 ;1 r22 . § 9.1 ; I Current S..rvey Deadline [. MEC plus 60 days _ F§ 9.2. _ , . , r� .. Cirtent Survey Olieatlou leadline :1 WA . .............._-....1.WA, _•_,.............__ I.24...- I.* ,3 .,I._ _. Cu,rentSurvey.ResnlntiotlPeadlina iiiMINWAVIMMil - 24 : . .__ .._ -. § 10.2 Objection Inspection Deadline • p ......... ........ . __ ....... MEC plus 55 days (See Addition?' Pravislo 125 :[ 1 26 ii 10.3 -I ln:ipection R•esulution Deadlfno .[ MEC plus 60 days F1.0.5 I Properly Insurance Objection Deadline I MEC..plus 60 days _ _ [ 27 _ •[.n0.6. ", .:[ Due Diligence Documents 1]elivery eadline . 'I MEC plus 7, days _, 28 1 § 10.6 }[ Due Diligence Documents Objection Deadline , ;I MEC plus 25.days 29 , 5 10,6 .[ Due Diligence Documents Resolution Deadline —i1i p s 0 a ss 1 30 I §10.6 . [ .. B.nvironmenla! lnspcct1on.Objeclion PWI.I.ne [. MEC.plus 6U days, ., ., 4 - . [ 31......• l0.G [r----.. A Evatuatiotl Ob ection Dandiina N/A . ;I 32 I §l0.7 . [ Conditional Snlc Deadline I N1A 1 33 '[-§11,I.. .. :I— TenantEstappef Statements N/A .. [-.-4. [ -r-:r- r ��r1 1.>:i*r�-JT.r1E 35 §11.2 F i'1 fl,lr`rr� . �t. .o 1 -,il 1 F 1.i 1. Tenant EstoppolnStatements Objection Deadline '.1 N/A ng r_i e� C^ [Il;�lf } {�y�y.F�" Di �}, ARM. , r)�. ,;,�}.e,; �5 rl 7��1 t�� is rit �[e��N `fi SS1 Tvr �i. e Su. ?! '-� ifJh fcT'+ir4��l� S"txl�.Rn . 7S�1F4A�.7�1�.,i1411ai1 § 12.3 Closing Date _....._ _..__..__ - [36 :I § 11 PossessienData !I -Closing ' ......................... [ 37 'r 17 ' I- Possession Time II Clasin • .� ,.. . . "_ 38 . ;[ 139 , x.28 Acceptance 1(]' adline Date ••§ 28.. _ . ,[,Acceptartee.psedllueTitne. 14,30 MRMr 'II... I-: -_........:1. _...f ... . [NIA ..i s ......... I • ..._ ....... _._...._....._.... _ .. rl R . __..... 3.1. Applicability of Terms. Any box checked In lids Contract means the corresponding provision applies. Any box, blank or line in this Contract leis blank or completed with the abbreviation "N(A", or the word "Deleted" means such provision including any deadline, is not applicable and the corresponding provision of this Contract to which reference is made is deleted, Tho abbreviation "MEC" (mutual execution of this Contract) means the date upon which' both parties have signed this Contract, 4. PURCHASE PRICE AND TERMS. 4.1, Price and Terms, The Purchase Price set forth below Is be payable in U, S. Dollars by Buyer as followst r s:• �.: y�_x 731 -if TN,14 ! 4.1 Purohuse Price .1'I 2 tI 4.3 I[ EagiestMoneY . I .3 .. ' 4 .s . ,1 Nast/ l cap ,........ _. . _ ...... 14 :I § 4.6 .[ Assumption Balance ' L�,-..•_•, .• X2,87O,000._ [.. $.. rap 3of19 93 94 .95 96 91 98 99 100 101 102 103 104 105 106 107 108 [09 110 III 112 113 114 115 116 117 118 119 120 I21 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 [41 I 5 1 *4.7 Private Financing v,5, q'!it f'ie7.:�t5#�i':aalt; f.. .. $ 1 [6 # 4.7. Setter Financhtg . . 7 , *Additional Earnest ' Money. See Additional Provisions ' $ S !:��. r,[10 9 F4.4 Cash at Closing rilY"I �yti1"; =�i�;d.•_.'.nf;!'';?i9 i `al 1 TOTAL .ii 4,2, Seller Concession. Seiler, at Closing, will credit, as directed by Buyer, an amount of $None to assist with any or all of the following: Buyer's closing costs, loan discount points, loan origination fees, prepaid items (including any amounts that Seller agrees to pay because Buyer is not allowed to pay due to FHA, CI-1FA, VA, etc,), and any other fee, cost, charge, expense or expenditure related to Buyer's New Loan or other allowable Seller concession (collectively, Seller Concession). Seller Concession is in addition to any sum Seller has agreed to pay or credit Buyer elsewhere In this Contract. Seller Concession will be reduced to the extent it exceeds the aggregate of what is allowed by Buyer's lender as set forth in the Closing Statement, Closing Disclosure or HUD -I, at Closing. 4.3. Earnest Money. The Earnest Money set forth in this section, in the form of comoanv checii, will be payable to and held by Fidelity National Me (Earnest Money Holder), in its trust account, on behalf of both Seller and - Buyer. The Earnest Money deposit must be tendered, by Buyer, with this Contract unless the parties mutually agree to an Alternative Earnest Money Deadline (§ 3) for its payment. The parties authorize delivery of the Earnest Money deposit to the company conducting the Closing (Closing Company), if any, at or before Closing. In the event Earnest Money Holder has agreed to have interest on Earnest Money dopoeits transferred to a fond established for the purpose of providing affordable housing to Colorado residents, Seller and Buyer acknowledge and agree that any interest accruing on the Earnest Money deposited with the Earnest Money Holder in this transaction will he transferred to such fund. 4.3.1. Alternative Earned Money Deadline. The deadline for delivering the Earnest Money, if other than at the time of tender of this Contract, is as set forth as the Alternntivc Earnest Money Deadline (§ 3). 4,3.2. Return of Earnest Money. If Buyer has a Right to Terminate and timely terminates, Buyer Is entitled to the rearm of Earnest Money as provided in this Contract. If this Contract is terminated as set forth is § 25 and, except as provided in § 24, if the Earnest Money has not already been returned following receipt of a Notice to Terminate, Seller agrees to execute a ►d m to 8u e r Bro cocr �vorin with Buyer, written mutual instructions, (e.g. Earnest Money Release-forn ,)A�t flhin' t 'days`o`1`S'Aer's receipt of such form. 4.4, Forst of Funds; Time of Payment; Available Funds, 4.4.1. Good Funds. All amounts payable by the parties at Closing, including any loan proceeds, Cash at Closing and closing costs, must be in funds that comply with all applicable Colorado laws, including electronic transfer funds, certified check, savings and loan teller's check and cashier's check (Good Funds), 4.4.2, Time of Payment; Available Funds, All funds, including the Purchase Price to be paid by Buyer, must be paid before or at Closing or as otherwise agreed in writing between the parties to allow disbuiscrnent by Closing Company at Closing OR SUCH NONPAYING PARTY WILL BE IN DEFAULT, Buyer represents that Buyer, as of the date of this Contract, ®Does ODoes Not have hinds that are immediately verifiable and available in an amount not less than the amount stated as Cash at Closing in 4,1, 4.5. New Loan. 4.5.1. Buyer to Pay Loan Costs, Buyer, except as provided in § 4.2, if applicable, must timely pay Buyer's loan costs, loan discount points, prepaid Items and loan origination fees, as required by lender. 4.5,2. Buyer May Select Financing, Buyer may pay in cash or select financing appropriate and acceptable to Buyer, including a different loan then initially sought, except as restricted In § 4.5.3 or § 30 (Additional Provisions). 4.5.3. Loan Lintita lions, Buyer may purchase the Property using any of the following types of loan: ®ConventIonal EjOthste,ee ,. 'de 4,5,4, Good Faith Estimate — Monthly Payment and Loan Costs, Buyer is advised to review the leans, conditions and costs of Buyer's New Loan carefully, If Buyer is applyinglbr a residential loan, the lender generally must provide Buyer with a goad faith estimate of Buyer's closing costs within three days after Buyer completes a heart application. Buyer also should obtain an estimate of the amount of Buyer's monthly mortgage payment. Page 4 of 19 ,j 142 4,6. Assumption, Buyer agrees to assume and pay an oxioting-lean--in-the-epprexitnate-amount of tho Aosumplion. 143 I3slaaes set forth-in-§-41411-preeently payable at $ NfA per ka including principal -end interest prosent]} of the rata 144 e€N/Arib-per-manna, and also including escro+v-€or the following ns indicated. DRcel Lt,t.te TAxxa •{3-- 145 Properly Insurance Premium ❑Mortgage Insurance Premium and ❑ NIA. M6 ituyer-agrees•to-pay-a-lean-transfer foe not to exceed SN/A. At tiro time of aswmptien; the -nevi interest into will - 147 not exceed NiA% per annum and the new pajmat-will-net exceed $N/A par i[+KA, pry l48 escrow, If any.- If the actual principal bntanoo of tho ox1eting loan at Closing is leas then -the -Assumption Rehouse, 149 which -ea -uses the -amount of each required -from Buyer -at Closing to bo increased by ntera-dire ti,e.. 3444 .. 150 has the Right -to Terminate under § 25.1, --on or before Closing -Date (§ 3), based on the_betel-emaunt=ef oetuel• 151 principal balance. 152 Scllcr e‘viii own' Not bo-roloused from liability —en —said loan, If applicable, compliance with the 153 regi}irenieota-ter-release front liability will bo'ev(detteed by delivery []on et before Loan Transfer Approval, 154 Deadline (§3) Q at Closing of apt appropriate loiter oceonimitrrtont-from-(ender. Any cost payable for relenoa of.. 155bein-an-ei recut-nGHo exceed SN/A. 156 4.7. l eller-er Private Financing, WARNING' Unless the trnitoaotion is exempt, federal and orate Iwo -impose 157 4liooncing, other requirontenla and-resiF(6tlone-en-tellers and privote,fingreeiener—Gerraruot proviciens on financing. 158 rr+ firranaing docunienic,•utileso exemptrahculd he prepared by a licensed Colorado attorney or licensed mortgage. 159 ' loan originator: Brelters should net prepare -or advise the parties on the specifies of financing, f neluding whether or 160 not a party is exempt from the low. 161 4.7,17 Seller-Ploartcingr-1f Buyer la to pay all or any portion of the PurehacePriee with.SellOF financing (§ 4,1)i (62 [,JBuycr OSclicr will deliver the proposed Seller financing -documents -10 the other party on or bofora 163 NIA days before Sella, or Privnte }Inane -Mg Deadline ( 3•j. 164 .4.7,1.1. Seller May Terminate, If Seller i.i ioprevr'do Seller financing (§ -4,1), th'., a 165 conditional upon So!lcr determining whether such Emceeing—is-tat:ivfactoiy to the Seller, 166 inoluding Ito payments, interest rah., terms, conditk,ts, cost and tut„ illance with the law.- Seller 167 has the Might to Terminate under § 25.1, on or before Seller or Private Financing Deadline (§ 168 3); if -such Seiler financing ht-not-eatisfaetory to the Seller, in Seller's pole eabjeothre-4isefeten. 169 7 2 flnyei May Terminate, 11 -Buyer is 10 -pay Mt or any portion-$€-4he. urehoso Pried with Seller or private 170 firteasing (4 4.1), this Contraot is •comditiena1— cpen—Buyer--determining-whether such financing is 171 satisfactory to the Buyer, including its availability, payments, interest rata;-tarms,-eondltians and cost. 172 Du -yet -4m the Right to Terminate under § 25,1, on or before Seller ar Private-Firtnnelag Deadline (§ 3)t INif such Seller or private financing is not satisfactory to Buyer, in Buyer's solo subjective discretion, 175 176 4r —FINANCING CONDITIONS AND OBLIGATIONS:: 177 .r1, Lem, Attplktttio,t, if 13uya, is to pay all of part of the Purchase-Price-by-obte rteWew 178 d.ote), or if en existing loan is not to be released at Closing Buyer; if -required by such lender, must tnalco un• 179 .application verifiable by such lender, on or before Least Application Deadline (§ 3) and exerolce reasonable - 180 efforts to oblate -coati -loan approval. 181 6.2. L.rertt Objection. If Buyer-is-to-ptc5rel{-orpar-of-the-i'utelut 's-Cataract-iseenditienoi 182 •upon Buyer dolormining, lu Buyer's sole subjective discretion, whether the Newel Loan is satisfactory to Buyer; 183 'including its availability, payments, interest rate, tenns, conditions, and cost of such Now Loan, This condition is' 184 for lire sole benellt of Buyer, Bayer has rho Right to Tc„ninntc. nailer § 25, , 185 Deadline a 3), if tlta New Loan is not satisfactory lc Duyei, in Buyer's sole subjeotivo discretion. IF SELLER 186 '1S NOT Di DEFAULT AND DOES NOT f1MELY RECEIVE BUYER'S WRITTEN NOTICE• TO 187 TERMINATE, BUYER'S EARNEST MONEY WILL BB NONRCPUNDABLE, cxeept—as-'-etirerwise✓ 188 provided in this-Gentraot (e.g., Appraisal, Title, Survoy)t, 189 6, 3. C—rrdit 1riforutatlon: If an existietgloati is not to be released -at Closing, this Contract is conditional (for the solo 190 benefit of Seller) upon Seller's approval of Buyer's financial ability and creditworthiness, which approval will be. 191 at Seller's solo subjective • discretion, Accordingly; (1) Buyer must supply to Seller by Buyer's -Credit 192 •Information Deadline (§ 3), at Buyer's expense, inf ashen --and doeumente (including a entrant orodit report). 193 oenoorning Buyer's frnaaoioi, employment and credit condition; (2) Buyer consents that Solks itiay .etify Buyer's' 194 icia.t-ate€lity and creditworthiness; end (3) any sub Information and documents roocivod by Seller must be held - 195 bySofter M eonfidancc,-and-not rc.tcased to -others except to protect-6clfer's-interest-4n-this 196 'at Ct.,ti,,g is -less --than as act forth In § 4.1 of this Contract, Seller hes-theRight-to-Terminate under; 25.1, on or. 197 before Closing, If ;l„11L, diaflt ,rorc s of Buyer's financial ability or ercditworthtn , ' ,ubjeoliver 198 •disorettenr-Sellor has tiro Might to Terminate ctrtdet § 25;1, on or before Disapproval -of -Buyer's Credit - 199 .In-ermoflen Deadline (§ 2). 20D 6,4, Existing Loan Rot" If a. ,,,tialingloan is net to be rcicasetl-at-t;losing, Splice must -deliver copies of the loan 201 ntenti-(including-note, deed -of trust,-attd any -modifications) to Buyer by Existing Loan Documents' x. i?' �l� 2, jiq. y a� 1ii.}Y%y t:�1 �,ri .yi�. �:'V �.4rF A're6 A ' zt-1-?..:f.'..:::r.RI +/+A•L•.Yest1:�3. IT,R.:T' u,.YA :, ff.-i.�t..`.:•'•-_..,,...e.:..._..,.-`}?Flli;t�:``iii?.a.`��`.� r,a;�{ipp=�c�"#fi'.^�'yn':;tY;•tri.�ti-:•s��.1 Pepe S of 19 ( 202 Dead] c. (§ 3). I'oc the -sole benefit of Buyer, this Contract is conditional upon Dryer's review and apprevohef 203 tho provisions of such loan doa' menis. Buyer has the Right to Terminate under § 25.1, .on or before Etsiatttig 204 Coati Documents Objeetiort-)eadllue (§ 3), booed on any unsatisfactory prea4oion of such lean deoumonta, in 205 Buyer'n-sale.eraljeetivo discretion. If the leader's approval of a transfer of the Property is required, this Contract it 206 .e nditionnl-upott Bayer's obtaining such approval without change in the terms of slid loan, -except as act forth, in 207 '4,6. lflender's approval is not obtained by Loan -Transfer Approval Deadline (g 3), this Contract will terminate 208 en such deadline. Seller -has -the Right to Terminate -under § 25,1, on or before Closing, in Settor'u note uubjeativa. 209 discretion, if Salley is to be• released from liability under -such existing loan and Buyer does not obtain aus 210 aomplionee as set forth in §.4,6s 2 II 6. APPRAISAL PROVISIONS. 212 6,1. Lender Property Requirements. If the lender imposes any requirements or repairs (Requirements) to be made to 213 the Property (e.g., roof repair, repainting), beyond those matters already agreed to by Seiler In this Contract, Salter 214 has the Right to Terminate under § 25, 1, (notwithstanding § 10 of this Contract), on or before three days following 215 Seller's receipt of the Requirements, based art aey uttsndsfactory Requirements, in Seller's sole subjective 216 discretion, Seller's Right to Terminate In this § 6.1 does not apply if, on or before any termination by Seller 217 pursuant to this § 6.1: (1) the parties enter into a written agreement regarding the Requirements; or (2) the 218 Requirements have been completed; or (3) the Satisfaction of the Requirements is waived in writing by Buyer. 219 6,2 Appraisal Condition. The applicable Appraisal provision set forth below applies to the respective loan type set 220 forth in § 4.5.3, or if a cash transaction (i.e. no financing), § 6.2.1 applies. 221 6.2.1. Conventlonal/Other. Buyer has the sole option and election to terminate this Contract if the Property's 222 valuation, determined by an appraiser engaged on behalf of NIA, is less than the Purchase Price. The 223 appraisal must be received by Buyer or Buyer's lender on or before Appraisal Deadline (§ 3), Buyer 224 has the Right to Terminate under § 25,1, on or before Appraisal Objection Deadline (§ 3), if the 225 Property's valuation is loss than the Purchase Price and Seller's receipt of either a copy of such appraisal 226 or written notice from lender that confirms the Property's valuation is less than the Purchase Price. This 227 § 6.2,1 is for the sole benefit of Buyer, 228 63, Cost of Appraisal, Cost of any appraisal to be obtained after the date of this (contract must be timely paid by 0 229 Buyer ❑Seller. Tho cost of the appraisal may include any and all fees paid to the appraiser, appraisal 230 management company, lender's agent or all three. . 231 4.- OWNERS' ASS D CIATION; -This-Sertie 232 Community and suhjeet4o-auch-deelaratlon, 233 '71 O*dere- Association Documents. Owners' Association Documents (Aoseeiatlen--l)eeenteatff)-eeiisiat of the 234 'fellovtvngi 235 H.I.I. MI Owners' Assoefatiort--deolarations,-artielcs of incorporation, byl , 236 operating agreontmnts,-Pales and regulations, party wrll agrccmentst 237 g.1.2. Minutes of mast recent-annual-owitarsLateethigi 238 4.1,3, Minutes of any direolers-'-er-managersameetings-dttrirtg-tire-si3c.rraenth-period immediately preceding the 239 tlato of this Contreet, If none of the preceding minutes exist, then tiro moat recent mimitearif any (g` 240 7.1.1, 7.1.2 and 7;L3, oulleclively,-©oventing Dee monto); and 241 x71:4. e—post-reeem-kirtoneiat-dooumente which consist--eft-(1)--annual and meat recant--balanve.s3iRer1-(4) 242 annual and most recent Ineeme aud.eupeudituros stateilnentr(3)-annual budget, (7) reserve studyrand (5 243 notice of unpaid ossessmentorif any (colleetivoly, Financial Dacuments)a 244 '7,2, vmmorr-interest-Corrum pity Distiosurti—T-14E—KIOPERIFV---1S--1700--)Ati-T-319411.10-4 ' 245 INTEREST COMMUNITY AND IS SUBJECT TO THE DECIrAItATI 246 ;ME OWNER OF THE PROPERTY WILL DE REQUIRED TO DE A MEMBER OP THE OWNERS' 24? r49SOEEATION FOR THE COMMUNITY AND WILL DE SUBJECT TO THE BYLAWS AND RULES 248 AN]) REGULATIONS OF TIIE ASSOCIATION. THE DECLARATION, BYLAWS, AND RULES AND 249 REOUL-ATIONS WILL IMPOSE FE4ANCIALOBLIGATI 250 PROPERTItrvINCLUDING AN OBLIGATION TO PAY ASSESSMENTS OF -THE -A . ii 251 g'IIE OWNER DOES NOT PAY -THESE ASSESSMENTS, THE ASSOCIATi 252 ON THE PROPERTY Mil) POSSIBLY SELL IT TO I'Mi THE DEBT, THE DECLARATION; 253 'BYLAWS, AND RULES AND REEULATION 254 FROM MAKING CHANGES TO THE PROPERTY WITHOUT AN ARCHITECTURAL UEVIDW B14 255 THE ASSOCIATION (OR A COMMITTEE OF TIIE; ASSOCIATION) AND THE APPROVAL OF TIM 256 ASSOCIATION, PUROITABBR8 OF PROPERTY WITHIN TIIE CO 257 -SHOULD INVESTIGATE THE FINANCIAL OBLIGATIONS OF MEMBERS OF THE ASSOCIATION% 258 PURCHASERS SHOULD CAREFULLY MA)) TIM DECLARATION FO" TUECI AM MIIU [T ll. I ND 259 TIM DYLA11'S AND RULES AND REGULATIONS OP THE ASSOCIATIONt 260 r -3 Aasatiation Doeurnstits to Dnyet'a Pep cf 19 261 %31 -J3tiii..r to Provide Assorlatlon Documents, Soilef-will cnuao tho Aeeeela4lon Documents-to-bo- 262 , , 'atr- a iftenfs Heoellhte (§ 3). 263 9,3,2. Hier Autitoripes Association, Seller nuthorieea the Aoeoeiatiotrto provide-the-Acanoiatien 264 Doetuuents to Buyer, at Seller'o oxponoe. 265 7,,9,3. 6,.tler'a Obligation. -Baleen obligation to provide tho Asnuoiution DOOLilaal#84B-6111444ad-opeR-Diopo.24. 266 receipt of the Association Doeuments, regardless of who provides stwh docurnentst 267 Nate; If neither box in this § 7,3 la checked, the provision a of § 7,3.1 Jhalt apply; 268 9.4. Conditionrd-nn-B. J, es Review. Buyer has the right to rct low the A;asoei #roe.tlte-Aright 269 ( Tt.minntc-nnelo, § 25.1, on or before Asaoeleii 270 oneetiofaetery provision in any of the Aosooittien Dooamonts, in Buyer's solo aubjcntive discretion. Should Buyer 271 receive the Association Documents after Association Doeunsents Deadline (N 3), Buyer, at Buyer'o option, hoe 272 tho Right to Terminate under § 25.1 by Buyer's) Hoke to-Totminato received-by.Se1tenaye after 273 Buyer's receipt of the Association Doeunients. If Buyer does not receive the Asaoeiatien Documents, or if Buyer's. 274 21.,tiv, to Terminate would otherwise be required to be received by Seller agar efosl , 275 to Terminate must be received by Seller on or before Closing. If Seller does not receive Buyer's Notiee-to 276 Terminate width' Breit time, Buyer accepts tin, provisions of the Association Documents-asBaiisfaetory,,�nri43uyer 277 wnivas Any Nght to Tel Initiate under -1h proviaiosr-,notwithstanding-tlicprovisions of §C 8.6 (Right of First Refused 278 en Cent3eet Approvals 279 8. TITLE INSURANCE, RECORD TITLE ANI) OFF -RECORD TITLE. 280 8.1, Evidence of Record Title. 281 8.1.1. ®Seller Selects Title Insurance Company. If this box is checked, Seller will select the tide insurance 232 company to fltrnish the owner's title insurance policy at Seller's expense. On or before Record Title 283 Deadline (§ 3), Seller must furnish to Buyer, a current commitment for en owner's title insurance policy 284 (Title Commitment), in an amount equal to the Purchase Price, or if this box is checked, Q art Abstract 285 of Title certified to a current date. Seiler will cause the title insurance policy to be issued and delivered to 286 Buyer as soon as practicable at or after Closing. 287 8.1.2, (]Buyer Selects Title Insurance Company. If this box is checked, Buyer will select the title insurance 288 company to furnish the owner's title Insurance policy at Buyer's expense. On or before Record Title 289 Deadline (§ 3), Buyer Must furnish to Seller, a current commitment for owner's title insurance policy 290 (Title Commitment), €n art amount equal to the Purchase Price. 291 If neither box in § 8.1.1 or § 8.1.2 is checked, § 8, 1.1 applies. 292 8.1.3. Owner's Extended Coverage (OEC). The Title Commitment ®Will ❑Wild Not commit to delete or 293 insure over the standard exceptions which relate to; (I) parties in possession, (2) unrecorded easements, 294 (3) survey matters, (4) unrecorded mechanics' liens, (5) gap period (effective date of commitment to date 295 deed is recorded), and (6) unpaid Loxes, assessments and unredeemed lax sales prior to the year of Closing 296 (OEC). If the title insurance company agrees to provide an endorsement for OEC, any additional 247 premium expense to obtain an endorsement for OEC will be paid by IZ13uyer I:Seller Done -Half 298 by Buyer cud One -Half by Seller ❑Other MA. 299 Note: The title insurance company may not agree to delete or insure over any or all of' the standard 300 exceptions. 301 8.1.4. Title Documents. Title Documents consist of the following: (1) copies of any plats, declarations, 302 covenants, conditions and restrictions burdening the Property, and (2) copies of any other documents {ors 303 if illegible, eunnnarieo-of snob documents) listed in the schedule of exceptions (Exceptions) in the Title' 304 Commitment furnished to Buyer (collectively, Title Documents). 305 8.1.5, Copies of Title Documents. Buyer must receive, on or before Record Title Deadline (§ 3), copies of all 306 Title Documents. This requirement pertains only to documents as shown of record in the office of the 307 clerk and recorder in the county where the Property is located. The cost of furnishing copies of the 308 documents required In this Section will be at the expense of the party or parties obligated to pay for the 309 owner's title insurance policy. 310 8.1.6. Existing Abstracts of Title. Seller must deliver to Buyer copies of any abstracts of title covering all or 311 any portion of the Property (Abstract of Title) in Seller's possession on or before Record Title Deadline 312 (§ 3). 313 8,2, Record Title, Buyer has the right to review and object to the Abstract of Title or Title Commitment and any of the 314 Title Documents as set forth in § 8.4 (Right to Object to Title, Resolution) on or before Record Title Objection 315 Dendiine (§ 3). Buyer's objection may be based on any unsatisfactory form or content of Title Commitment or 316 Abstract of Title, notwithstanding § 13, or any other unsatisfactory title condition, in Buyer's sole subjective 317 discretion. If the Abstract of Tide, Title Commitment or Title Documents are not received by Buyer on or before 318 the Record Title Deadline (§ 3), or if there is an endorsement to the Title Commitment that adds a new Exception 319 to title, a copy of die new Exception to title and the modified Title Commitment will be delivered to Buyer. Buyer 320 has until the earlier of Closing or ten days alter receipt of such documents by Buyer to review and object tot (1) face 7 of 14 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 34) 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 ii 370 371 372 373 374 375 376 377 378 379 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 Coramitrnent. 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,I (Evidence of Record Title) and Seller dots not rcccive Buyer's Notice to Terminate or Notice of Title Objection by die applicable deadline specified above, Buyer accepts the condition of title as disclosed by the Abstract of Title, Title Commitment and Title Documents ns satisfactory. 8.3. Off -Record Title, Seller must deliver to Buyer, on or before Off -Record Title Deadline (§ 3), true copies of all existing surveys in Seller's possession pertaining to the Property and must disclose to Buyer all casements, liens (including, without limitation, governmental improvements approved, but not yet installed) or other title matter's (including, without limitation, rights of first refusal and options) not shown by public records, of which Seiler 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 tine 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 solo subjective discretion, must be received by Seller on or before Off -Record Title Objection Deadline (§ 3). If an Off -Record Matter is received by Buyer after the Off -Record Title Deadline (§ 3), 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 Tcnninatc or Notice of Title Objection pursuant to this § 8.3 (Off -Record Title), any title objection by Buyer and this Contract are governed by the provisions set forth in § 8.4 (Right to Object to Title, 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 whioh Buyer hos actual knowledge. 8.4. !tight to Object to Title, Resolution. Buyer's right to object to any title mailers 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 (§ 3), this Contract will terminate on the expiration of Title Resolution headline (§ 3), unless Salter 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 %vaives the Right to Temunate for that reason), on or before expiration of Title Resolution Deadline (§ 3). 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 the applicable documents by Buyer, pursuant to § 8.2 (Record Title) or * 8.3 (Oft Record Title), the Title Resolution Deadline also will be automatically extended he 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 enrolee 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 TI-IAT 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 TIIE SPECIAL TAXING DISTRICTS IN WHICH TIlE PROPERTY IS LOCATED BY CONTACTING THE COUNTY TREASURER, BY REVIEWING 'FEE CERTiFICA'I'E OF TAXES DUE FOR THE PROPERTY, AND 1W 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 (§§' 3), based on any unsatisfactory effect of the Property being located within a special taxing district, in Buyer's sole subjective discret€on. 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 night. If the holder of the right of first reftnsal exercises such right or the holder of a right to approve disapproves this Contract, this Contract will terminate. If the right of first refits& Is waived explicitly or expires, or the Contract is approved, this Contract will remain in full farce and effect, Seller must promptly notify Buyer in writing of the Page & of 19 380 foregoing. If expiration or waiver of the right of first refusal or approval of this Contract has not occurred on or 381 before Right of First Refusal Deadline (§ 3), this Contract will then terminate. 382 8.7, Title Advisory. The Title Documents affect the tine, ownership and use of the Property and should be reviewed 383 carefully. Additionally, other mailers not reflected in the Title Documents may affect the title, ownership and use 384 of the Property, inelud€ng, without limitation, boundary lines and encroaelunents, set -back requirements, area, 385 zoning, building code violations, unrecorded easements and claims of easements, leases and other unrecorded 386 agreements, water on or under the Property, and various laws and governmental regulations concerning land use, 387 development and envlrotuuental matters. The surface estate may be owned separately from the underlying 388 mineral estate, and transfer of the surface estate does not necessarily include transfer of the mineral rights 389 or water rights. Third parties may hold interests In ell, gas, other minerals, geothermal energy or water on 390 or under the Proper ty, which Interests may give them rights to enter and use the Property. Such matters, and 391 others, may be excluded from or not covered by the owner's title insurance polity. Buyer is advised to timely 392 consult legal counsel with respect to all such matters as there are striot time limits provided in this Contract [e.g., 393 Record Title Objection Deadline (§ 3) and Off -Record Title Objection Deadline (§ 3)]. 394 9. CURRENT SURVEY REVIEW, 395 9.1. Current Survey Conditions, If the box in § 9.1.1 or § 9.1,2 is checked, Buyer, the issuer of the Title Commitment 396 or the provider of the opinion of'lide If an Abstract of Title, and Filill Foster and Cotrteeny will receive an 397 Improvement Location Certificate, Improvement Survey Plat or other form of survey set forth in § 9,1.2 398 (collectively, Current Survey), on or before Current Survey Deadline (§ 3). The Current Survey will be certified 399 by the surveyor to alt those who are to receive the Current Survey. 400 9.1,1. DImprevement Location Certificate. If die box in this § 9.1,1 is ohcoked, OSeller ❑Buyer will 401 order or provide, and pay, on or before Closing, the cost of an Improvement Location Certificate. 402 9.1.2. gOlher Survey. If the box in this § 9.1.2 is checked, a Current Survey, other than an Improvement 403 Location Certificate, will be an ❑In►provcmcnt Survey Plat or arL3D, The parties agree that payment 404 of the cost of the Currant Survey and obligation to order or provide the Current Survey are as follows; 405 Seller to provide any existing surveys In Seller possession. Buyer will pay for and re -certify 406 existing survey or Buyer will order and pay for a new survey of their choice which will be 407 Certified to the Buyer, Seller and Title Company for closing on this properly. 408 9.2. Current Survey Objection, Buyer has the right to review and obJeot to the Current Survey. If the Current Survey 409 is not timely received by Buyer or is unsatisfactory to Buyer, in Buyer's sole subjective discretion, Buyer may, on 410 or before Current Survey Objection Deadline (§ 3), notwithstanding § 8,3 or § l3; 411 9,2,1, Notice to Terminate, Notify Seller in writing that this Contract is terminated; or 412 9.2.2. Current Survey Objection, Deliver to Seller a written description of any matter that Was to ho shown or 413 is shown in rho Current Survey that is unsatisfactory and that Buyer requires Seller to correct, 414 9.3. Current Survey Resolution, If a Current Survey Objection is received by Seller, on or before Current Survey 415 Objection Deadline (§ 3),.and if Buyer and Seller have not agreed in writing to a settlement thereof on or before 416 Current Survey Resolution Deadline (§ 3), this Contract will terminate on the Current Survey Resolution 417 Deadline (§ 3), unless Seller receives Buyer's written withdrawal of the Current Survey Objection before such 310 termination, i.e., on or before expiration of Current Survey Resolution Deadline (§ 3). 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 _.,i`r �H xi i l h' }f_•a�1 '1, (^' '_iii t,ti`' g jl 1 �.",y'�� y+� 1:M .L� fcv�iiyi1.�`�','� f 10. PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY, DUE DILIGENCE, BUYER DISCLOSURE AND SOURCE OF WATER. 10.1. Seller's Property Disclosure. On or before Seller's Property Disclosure Deadline (§ 3), 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 acme) knowledge, current as of the date of this Contract. 10.2. Inspection Objection. Unless otherwise provided in lids Contract, Buyer acknowledges that Seller is conveying the Property to Buyer in an "as is" condition, "where is" and "with all faults" Colorado law requires that Seller disclose to Buyer, any latent defects actually known by Seller. Disclosure of latent defects must be in writing. Buyer, acting in good faith, has the right to have inspections (by one or mere 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, I{VAC and other mechanical systems of the Property, (2) the physical condition of tire Inclusions, (3) service to the Property (including utilities and communication services), systems and components of the Property, (e.g, heating nod 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 (§ 3). 10.2.1. Notice to Terminate, Notify Seller in writing that this Contract Is terminated; or Pap 9 of 19 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 10.2,2. Inspection Objection. Deliver to Seller a written description of any unsatisfactory physical condition that Buyer requires Seller to correct. 10,3, Irrspeeklon Resolution. if an inspection Objection Is received by Seller, on or before Inspection Objection Deadline (§ 3), and if Buyer and Seller have net agreed in writing to a settlement thereof art or before inspection Resolution Deadline (§ 3), this Contract will terminate on Inspection Resolution Deadline (§ 3) unless Seller receives Buyer's written withdrawal of the Inspection Objection before suoh termination, i.e,, on or before expiration of Inspection Resolution Deadline (§ 3), 10.4. Damage, Liens and Iirdemitity. Buyer, except as otherwise provided in this Contract or other written agreentent 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 pemut claims or liens of any kind against the Property for Work perfonned 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 expenses, The provisions of this section survive the termination of this Contract, This § 10.4 does not apply to items perfonned 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 (§ 3), based on any unsatisfactory provision of the Property Insurance, hit Buyer's sole subjective discretion. 10.6. Due Diligence. 10.6.1. Due Diligence Documents, If lie qqggc ►,,yye l 'x i h iced, Seller agrees to deliver copies of the following dooun►onts and ioformatioi pCaatging io tae r�ty (Due Diligence Documents) to Buyer on or before Due Diligence Documents Delivery Deadline (§ 3): 10.6,1.1, gAi1 contracts relating to the operation, maintenance and management of the Property; Itt6,1.3, [Msbuutt c,unrs'-plans to the Property and the-tenant--inrpro ementor inoluding architcetoral, electrical, incohzfrtioni, and- structural-ayeterna, engineering report°, nod ',continent Certificates of Oecupnnoy, to the ex -ant -raw -cued , 10.6.1A. EA list of ad 1,►clesions to ba conveyed to Buyail DOperatiirg-statements-€er Iho post yearol 40x6.16. DA reel roll accurate and correct to the date of this Contract, 10.6.1.7. ®A]1 current leases, including uny amendments or other occtipanoy agreements, pertaining to the Property. Those leases or other occupancy agreements pertaining to the Property that survive Closing aro as follows (Leases): Any in place 10.6.1,0. DA sclr.dulc, of 'lily tvaartt ImprovementworkSeller is obligated -le complete but hart net yet been emulated and-eepittrl-irnprovcnunt work tither scheduled of in process on lite date of this Contrast, 10.6.1.9. DAll-insurancc politics pertaining to tit nhne whioh have been; made for the peat yenta; 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. fgAny and all existing documentation and -reports regarding Phase I and 11 environmental reports, letters, test results, advisories, and similar documents respective to the existence or nonexistence or 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 arc in Seller's possession or known to Seller; I0.6:1,12. DAny Americana with Dlsrrb!/lttey Act o,yorts, studies or surveys coneemhtg-the-eampiienee of the Proper ty with said Aett 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 sueh erinits,.liccnse or use authorizations, if any; and 10.6,1.14. 040ther documents and information: Any in Sellers pog esslon 10.6.2, Due Diligence Documents Review and Objection, Buyer has the right to review nod 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 Duo Diligence Documents Objection Deadline (§ 3): 10,6.2.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated; or Page 10 or is 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 10.6.2,2, Due Diligence Document Objection.' Deliver to Seller a written description of any unsatisfactory Due Diligence Documents that Buyer requires Seller to correct. 10.6.3. Due Diligence Documents Resolution, If a Due Diligence Documents Objection is received by Seller, on or before Due Diligence Documents Objection Deadline (§ 3), and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Due Diligence Documents Resolution Deadline (§ 3), this Contract will terminate on Due Diligence Documents Resolution Deadline (**' 3) 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 (§ 3), 10.6.4. Zonilig. Buyer has the Right to Terminate under § 25.1, on or before Due Diligence Documents Objection Deadline (§ 3), 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, 10,6,5. Due Diligence -- Environmental, ADA. Buyer has the right to obtain environmental ins cetions of the Props lnohtding Phase 1 and Phase [l Environmental Site Assessments, as a plicablo. �j Seller Buyer order or provide ® Phase I Environmental Site Assessment, [ Phase I3 Environmental Site Assessment (compliant with ASTM Et527-05 standard practices for Environmental Site Assessments) and/or O j\i//N, at the expense of Oseller Ol3uyer (Environmental Inspection). In addition, Buyer, at Buyer's expense, may also conduct an evaluation whether the Property complies with the Americans. with Disabilities rlct (ADA Evaluation). All such inspections and evaluations must be conducted at such times as arc mutually agreeable to minimize the interruption of Seller's and any Seller's tenants' business uses of the Property, if any. If Buyet's Phase 1--Env'-onnlental Silo Assessment recommends a Phase [I Environmental Site t4sacsn,ncnt, t1,c E . ic0110401i a pcetfst,t eJ, etlivra D�.,.lilr.y ( 3j wi41-4, t;tiendcd by 1 ye '(E.tv,nit .I Envi,unu,cnial l„ spectIon Objection Deadline) and if such Extended Environmental-rnspeotiotr 'Objut.tiun Deadline -extend* beyond thu CiosingDnt.(i3), the -lasing -Date (§ 1), will be extended a like period of tinge. In such event, 9Seiler }Bssyer-ntuet--pay--the-coat for ouch Phase I - Euvsrun'ntental Site Assessment Notwithstanding Buyer's right to obtain additional environmental inspections of the Property in this § 10,6,5, Buyer has the Right to Terminate under § 25.1, on or before Environmental Inspection Objection Deadline (§ 3), or if applicable the Extended Environmental inspection Objection Deadline, based on any unsatisfactory results of Environmental inspection, in Buyer's sole subjective discretion. Buyer has the Right to Terminate tinder § 25.1, on or before ADA Evaluation Objection Deadline (§ 3), based on any unsatisfactory ADA Evaluation, in Buyer's sole subjective discretion. 10.7 vrrditiumul TJpun sine of Properly. This Contract is conditional upon the sale and atvsind of --that c4.tuin property owned by Buyer *rid-cottmtotdy known as j`1(i\.. Buyo., hes-lire Right to Terminate unfit:; § 25.1 effective ttpen—Seller's rccei,rt of Buyer's Notice to Terminate on or before Conditional Safe Deadline (§ 3) if such property is- not sold and closed by such deadline. This § 10.7 is for the sole bcncfit of Buyer. If Seller -does not' teceivv Dyyerka Notice to Terminate on or before Conditional Sale Deadline (§ 3), Buyer waives -any night to eemtit,ato-under this provision. 10.8. Source of Potable lVater(Rtsidential Land and Residential Improcc'rncrrta Only). Dnyor ❑D,.es EjDoes Not avlut0»ic4u rc..ci1lt of u cvyy of Snips l'io crty Disclo.,u,c tr, isomer-of-Water-Atidendu.l, dia,.losl,.g the hearer-eri'petahhe water for the Prom ty. BuyerDoes Oboes Not acknowledge receipt of a copy of the current -welt permit, O There is No Well* Note -to Duyc, . SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUND WATER. YOU MAY WISIT TO GONTAGT 3.'Q DESCRIBED -SOURCE) TO DETERMINE T1I13 LONG .TERM SUFFICIENCY OF T[UE PROVIDER'S WATER SUFFLIE.9. 10.9. Existing [,eases; Modification of Existing Lenses; New Leases. Seller stales that none of the ]Rases to be assigned to the Buyer at the time of Closing contain any rent concessions, rent reductions or rent abatements except as disclosed in the Lease or other writing received by Buyer. Seller wilt not amend, alter, modify, extend or cancel any of the Leases nor will Seller enter into any stew leases affecting the Property without the prior written consent of Buyer, which consent will not be unreasonably withheld or delayed, 41,1. Tenant Estoppel -Statements Conditions. Buyer 499 has the right -to review and—eWeot-to'-any Pete fttaternet,ts. Sealer mast obtain -rind deliver to Buyer on or before Tenant Estoppel Statements Deadline, (g 3), etatemeatls in a form endsubstanee reasonably neceptable to Buyes, floor each occupant cd tcoant at the Property •E-steppol Statement) attached to rr copy of the Lease otatingt 11.1.1. The commencement date of the Lease and scheduled termination date of the Lease; 11.1.2. Thatsail • _.___ __ _.. �.,, -_._ -. `� i-omHhat the.r have been no subsequent modifications or sutandtnent4 41,1.3. The ratiount ofany advance rentals paid, rent tonecesions Liven, and deposits paid to Seller? Pogo t t or t 9 568 569 12. CLOSING DOCUMENTS, INSTRUCTIONS AND CLOSING. 570 12.1. Closing Documents and Closing Information. Seller and Buyer will cooperate with the Closing Company to 571 enable the Closing Company to prepare and deliver documents required for Closing to Buyer and Seiler and their 572 designees. If 13uyer is obtaining a new loan to purchase the Property, Buyer acknowledges Buyer's lender is 573 required to provide the Closing Company in a timely manner all required loan documents and financial information 574 concerning Buyer's new loan, Buyer and Seller will furnish any additional information and documents required by 57S Closing Company that will be necessary to complete this transaction. Buyer and Seller will sign and complete all 576 customary or reasonably required documents et or before Closing. 577 12.2. Closing Instructions, Colorado Real Estate Commission's Closing instructions ❑Are Are Not executed with 578 this Contract. 579 12,3, Closing, Delivery of deed From Seller to Buyer will be at closing (Closing). Closing will be on the dale specified as 580 the Closing Date (§ 3) or by mutual agreement at an earlier date, The hour and place of Closing will be as 581 designated by Mutual agreement between Buyer and $eljer and the Closing data in (3. Dates and 582 Deadlines, item No. 35'Reference 12,3)'may also be modified or extended to a later dale In accordance 583 with thn additional OrovisiollS 4f this Contract.. 584 12,4. Disclosure of Settlement Costs, Buyer and Seller acknowledge that costs, quality, and extent of service vary 585 between different settlement service providers (e.g., attorneys, lenders, inspectors and tide companies). 586 13. T'RANSF1rR OF TITLE. Subject to tender of payment at Closing as required herein and compliance by Buyer with the 587 other terms and provisions hereof, Seller must execute and deliver a good and sufficient Special Werranh deed to Buyer, 588 at Closing, conveying the Property free and clear of all texas except the general taxes for the year of Closing. Except as 589 provided herein, title will be conveyed free and clear of all liens, including any governmental liens for special 590 improvements installed as of the date of Buyer's signature hereon, whether assessed or not. Title will be conveyed subject 591 to: 592 13,1. Those specific Exceptions described by reference to recorded documents as reflected in the Title Documents 593 accepted by Buyer in accordance with Record Title (§ 8.2), 594 13,2, Distribution utility easements (including cable TV), 595 13,3, Those specifically described rights of third parties not shown by the public records of whleit Buyer has actual 596 knowledge and which were accepted by Buyer in accordance welt Off Record Title (§ 8.3) end Current Survey 597 Review (§ 9), 598 13.4. Inclusion of the Property with€many special taxing district, 599 13.5, Any special assessment if the improvements were not installed as of the date of Buyer's signature hereon, whether 600 assessed prior to or after Closing, and 601 13,6. Other None 602 14, PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid will be paid at or before Closing from the 603 proceeds of this transaction or from any other source, 604 15. CLOSING COSTS, CLOSING TEE, ASSOCIATION FEES AND TAXES, 605 15.1, Closing Costs. Buyer and Seller must pay, in Good Funds, their respective closing costs end all other items 606 required to be paid at Closing, except as otherwise provided heroin, 607 15.2. Closing Services Fee. The fee for real estate closin services must be paid at Closing by ❑nityer Duller 608 ®One -Half by Buyer and One -Half by Seller Other 609 15.3, Status Letter and Record Change Pees, Any fees Incident to the issuance of Association's statement of 610 assessments (Status Lotter) must bo paid by ❑Buyer ❑Seater ❑One Half by Buyer and One -Half by 611 Seller Nona. Any record change fees assessed by the Association lnoludiug, but not limited to, ownorshi 612 record transfer fees, regardless of name or title of such fee (Assoointion's Record Change Fee) meet be paid by I 613 Buyer ]Seller ❑One -Half by Buyer and One -Half by Seller ®Notre, 614 15.4. Local Transfer Tax. One Local Transfer Tax of WO of the Purchase Price must be paid at Closing by ❑ 615 Buyer ❑Seller 00nc-Half by Buyer and One -Half by Seller EINone. 616 1$.5. Pt etude Ttxuafer Pee. PI lime. iraiifc, &cs and other fees due ton transfer of the Property, payable at Closing, 617 each -as c%, iiunity assovie1imu fees, developer fees and fomrda6c,, fees, must be paid at -Closing by 'Dewey 559 +11.1.1, The amount of monthly (or other applicable periled) rental paid to Colter; 560 11,1,5, That there is uo default under the terms of said Leese by landlord or oeoupant; and. 561 117176. That the Lease se, ,r4rielr the tsteepei is auoebod is -a taro, oorroot and oomplote-oopy of the Lease. 562 demising the promi.oea it downbeat 563 11.2. Tenant Estoppel Melo- nettle Objection, Buyer has the Right.to Terminate under § 25.1, on or before Totten! 564 Estoppel Statements Objection Deadline (§ 3), lensed on any unsetisfeetery Estop , 565 subjective diaereilon, or if Seiler -€bile to deliver t e Estoppel Slatotnenta eon or before Tenant Estoppel. gg9Statements Deadline (§ 3). Duye, also has theuailetetal right to waive artytt f$f r 1 ;'r�, °' R -W eatI . ,, r6.: 1 J04(OlB '' i tOMOl , dar - g i ni rage 120f 19 618 {E}3vthr—Retie 1-latf-by13uyat y 3rltcr Qbfco►k,, ft.., whether -ors -e 619 ttwro, is for the fkJ i _ 620 15.6. Water Transfer Fees, The Water Transfers Fees can elutnge. The fees, as of the date of this Contract, do not 621 exceed $$00,00 for: 622 ❑Water Stock/Certificates 0Water District 623 NAugmentation Membership ❑Sinall Domestic Water Company 0 NIA and must be paid at Closing by 624 Olluycr OSeller 0One-1IalfbyBuyer and One -Half bySeller ❑gone. 625 15,7, Sales and Use Tax, An sales and use tax that may accrue because of this transaction must be paid when duo by 626 OI3uyer OSeller LIOne-Aalf by Buyer and One -Half by Seiler EINone, 627 16. PRORATIONS, The following will be prorated to the Closing Date (§ 3), except as otherwise provided: 628 16.1. Taxes. Personal property taxes if any, special taxing district assessments, if any, and general real estate taxes for 629 the year of Closing, based on LITaxes for the Calendar Year Immediately Preceding Closing ElMost 630 Recent Mill Levy and Most Recent Assessed Valuation, adjusted by any applicable qualifying seniors property 631 tax exemption, qualifyin disabled veteran exemption orDOtlrer , 632. n, ., _ _, _ , + - fly Received i ' � � t�f4, vc viva to 633 .Buyer the security dcpoarts•--for- alifLeases assigned, -or-arty remainder after lawful -deductions, and notify all. 634 •tenants i„ writing -a as«.h herisfo and -of the transferee's uattte and address. Seller must assign -to -Buyer -ell 635 C..scs in effect nt Closing -end Buyer must asst ' 636 16,3. Association Assessments. eui milt regular Association assessment* and duos (Association A33es3ntenis) paid in, 637 advance will be credited to Seller at Closing, Cesh-r aervee-held-cut of the regular Auseolation Aesessnionta-for 638 'deferred maintenance, by the Assoeiniiott will not 1:o credited to Seller except as may be otherwise provided by the 639 Governing -Documents. Buyer acldtowiedges-dart Buy%,„roy bo obligated to pay tiro Aaeoeintion, at Closing, art 640 ftrrtouht for reserve's or worldng-onpilal, Any epooial assesoment mowed prior to Closing Date -(I 3) by thi 641 r4ssoci tiers -will -be -the obligaliorcof DEuyer OSeller, Exeep �t 642 ' 643 644 645 646 647 648 649 650 651 652 653 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 Asavtriniiuu ful i pfler to or-anen-Glesing; ahail will be the obligation of Seller. Sellowreprononts that-theeoai or e-erarreatly-payable at nppronimatoiy $PI/A per N/A and that there are no unpaid regular or special asacsatuents against the Property oxeept ilto-current-regular-assessrnettla-erteli A, Stroh-assessments-crc-sal e t to cltnt,8e provided in the Governing Documents, Seller agrees to prernplly- request the Assoeinlion to deliver toBtlyer before Closing -Dante (§ 3) n current Statue L.etterr 16.4. Other Prorations, Water and sewer charges; propane, interest on continuing loon, and other Items. 16.5. Final Settlement. Unless otherwise agreed in writing, these prorations are final, 17, POSSESSION. Possession of the Property will be delivered to Buyer on Possession Date (§ 3) at Possession Time (§ 3), subject to the Leases as set forth in§ 10.6.1,7. 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 $2O0 per day (or any part of a day notwithstanding §18.1) from Possession Date (§ 3) and Possession Time (§ 3) until possession is delivered. 18. DAY; COMPUTATION OF PERIOD OF DAYS, DEADLINE, 18.1. Day. As used In this Contract, the term "day" means the entire day ending et 11:59 p.m., United States Mountain Time (Standard or Daylight Savings as applicable). 18.2, Computation of Period of Days, Deadline, In computing a period of days, when the ending date is not speeifed, 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 federal or Colorado state holiday (Holiday), such deadline >I Will ❑1Vill Not be extended to [he next day that is not a Saturday, Sunday or Holiday, Should neither box be checked, the deadline will not be extended. 19. CAUSES OF LOSS, INSURANCE; DAMAGE TO INCLUSIONS AND SERVICES; CONDEMNATION; AND WALK -TI ROUGH, Except as otherwise provided in this Contract, the Property, Inclusions or both will be delivered in the condition existing as of the date of this Contract, ordinary wear and tear excepted. 19.1. Causes of Loss, Insurance, In the cvoot the Property or Inclusions are damaged by fire, ether perils or causes of loss prior to Closing in an amount of not more than ten percent of the total Purchase Price (Property Damage), Seller is obligated to repair the same before Closing Date (§ 3), Buyer has the Right to Terminate wider § 25.1, on or before Closing Date (§ 3), if the Property Damage is not repaired before Closing Date (§ 3) or if the damage exceeds such sum, Should Buyer elect to carry out this Contract despite such Property Damage, Buyer is entitled to a credit at Closing for all the insurance proceeds that were received by Seller (but not the Association, if any) resulting from such damage to the Property and Inclusions, plus the amount of any deductible provided for in such insurance policy. Such credit must not exceed the Purchase Price. In the event Seller has not received such insurance proceeds prior to Closing, the parties may agree to extend the Closing Date (§ 3) or, at the option Pogoort9 677 of Buyer, Seller must assign such proceede at Closing, plus credit Buyer the amount of any deductible provided 67R for in such insurance policy, but not to exceed the total Purchase Price. 679 19,2, Damage, Inclusions and Services. Should any inclusion or service (including utilities and communication 680 services), system, component or fixture of the Property (collectively Service), e.g„ heating or plumbing, fail or be 681 damaged between the data of this Contract and Closing or possession, whichever Is earlier, then Seller is liable for 682 the repair or replacement of such Inclusion or Service with a unit of similar size, age and qtiality, or an egblvalent 683 credit, but only to the extent that the maintenance or replacement of such Inclusion or Service is not thb 684 responsibility of the Association, if any, Less any insurance proceeds received by Buyer covering such repair or 685 replacement. If the failed or damaged inclusion or Service is not repaired or replaced on or before Closing or 686 possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before Closing Date (§ 3), 687 or, at the option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such Inclusion or 688 Service, Such credit must not exceed the Purchase Price, If Buyer receives such a credit, Setter's right for any 689 claim against the Association, if any, will survive Closing. Seller and Buyer are aware of the existence of pre - 690 owned home warranty programs that may be purchased and may cover the repair or replacement of such 691 Inclusions. 692 19,3 Condemnation. in the event Seller receives actual notice prior to Closing that a pending condemnation action 693 may result In a taking of all or part of the Property or Inclusions, Seller must promptly notify Buyer, in writing, of 694 such condemnation action, Buyer has the Right to Terminate under § 25.1, on or before Closing Date (§ 3), based 695 on such condemnation action, in Buyer's sole subjective discretion. Should Buyer elect to consummate this 696 Contract despite such diminution of value to the Property and inclusions, Buyer is entitled to a credit at Closing. 697 for alt condemnation proceeds awarded to Seiler for the diminution in the value of the Property or Inclusions but 698 such credit will not include relocation benefits or expenses, or exceed the Purchase Price. 699 19,4, Walk -Through and Verification of Condition. Buyer, upon reasonable notice, has the right to walk through the 700 Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this 701 Contract, 702 19.5. Risk of Loss — Growing Crops. The risk of loss for damage to growing crops by fire or other casualty will be 703 bore by the party entitled to the growing crops as provided in § 2.8 and such party is entitled to sea insurance 704 proceeds or benefits for the growing crops. 705 20. RECOMMENDATION OE LEGAL AND TAX COUNSEL. By signing this Contract, Buyer and Seller acknowledge 706 that the respective broker has advised that this Contract has Important legal consequences and has recommended the 707 cxarnination of title and consultation with legal and tax or other counsel before signing this Contract. 708 21. TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of the essence hereof. If nary note or check received as 709 Earnest Money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any 714 obligation hereunder is not performed or waived as herein provided, the nondefaulting party has the following remedies: 711 L1.1. If Buyer Is in Default: 712 21.1.1. ❑Specific Performance. Seller may elect to treat this Contract as canceled, in which case ell Earnest 713 Money (whether or not paid by Buyer) will be paid to Seller and retained by Seller; and Seller may 714 recover such damages as may be proper; or Seller may elect to treat this Contract as being in full force 715 and effect and Seller MIS the right to specific performance or damages, or both, 716 21.1.2. Liquidated Damages, Applicable. This § 21.1,2, applies unless the box in ti 21.1,1, js checked, All 717 Earnest Money (whether or not paid by Buyer) will be paid to Seller, and retained by Seller, Both parties 7I8 will thereafter be released from ail obligations hereunder. It is agreed that the Earnest Money specified in 719 § 4.1 is LIQUIDATED DAMAGES, and not a penalty, which amount the parties agree is fair and 720 reasonable and (except as provided in § §10.4, 22, 23 and 24), said payment of Earnest Money is 721 SELLER'S ONLY REMEDY for Buyer's failure to perform the obligations of this Contract. Seller 722 expressly waives the remedies of specific performance and additional damages, 723 21.2. If Seller is In Default: Buyer may elect to treat this Contract as canceled, in which ease all Earnest Money 724 received hereunder will be returned and Buyer may recover such derengea m may be proper, or Buyer may elect ;, 725 to treat this Contract as being in full force and effect and Buyer has the right to specific performance or damagea, 726 or -both. 727 22, LEGAL FEES, COST AND EXPENSES, Anything to the contrary herein notwithstanding, in the event of any 728 arbitration or litigation relating to this Contract, prior to or after Closing Date (§ 3), the arbitrator or court must award to 729 the prevailing party all reasonable costs and expenses, including attorney fees, legal fees and expenses. 730 43, MEDIATION, if a dispute arises tclnting to this Contract, prior to or after Ciosingramt-is-ne , 731 'first proceed in good faith to submit the matter to inediatIon. Mediation is a proeesa.Inivbleh the parties meet with an 732 4mpartiel--persorr-who helps to resolve the dispute i;rforreaily and confidenti{lily. Mediators eannoHi+ipena—binding 733 xtooisiona. Tire parties to the dispute moat agree, in wriline, Lefaro any settlement in binding. The partioo will jointly 734 int—err cvvptable-n lidtor-and will ahem equally in the ..e31 of such -mediation,. The „,cdi , 735 ng,ced, edli-terntusete in the event -the entire. dispel Is area rts„lrcd ,4itit;tt Fisirtp-►ieya of the dete'vrittcrrnetlee-r questitrg Pair 14 or 19 736 mediation is delivered by one putty to tile' other at the porlyra lest home nddre e, This ac.e 737 this Cuntrect, unless etberwlso awed. 738 24. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Folder must release the Earnest 739 Money following receipt of written mutual Instructions, signed by both Buyer and Seller. In the even $ Y Persy 740 Atew regarding the Earnest Money, Earnest Money Holder Is not required to release the Earnest Money t°o er, in its sole 741 subjective discretion, has several options; (I) wail for any proceeding between Buyer and Seller, (2) interplead all parties 742 and deposit Earnest Money into a court of competent jurisdiction (Earnest Money Holder is entitled to recover court costs 743 and reasonable attorney and legal fees incurred in such action); or (3) provide notice to Buyer and Seller that unless Earnest 744 Money holder receives a copy of the Summons and Complaint or Claim (between Buyer and Seller) containing the case 745 number of the lawsuit (Lawsuit) within one hundred twenty days of Earnest Money Holder's notice to the parties, Earnest 746 Money Holder is authorized to return the Earnest Money to Buyer. In the event Earnest Money Holder does receive a copy 747 of the Lawsuit, arid has not Intel -pled the monies at the lime of any Order, Earnest Money Holder must disburse the Earnest 748 Money pursuant to the Order of the Court. The parties reaffirm the obligation of Mediation (§ 23). This Section will 749 survive cancellation or termination of this Contract. 750 25. TERMINATION. 751 25.1. Right to Terminate. If a party has a right to ternnate, as provided in this Contract (Right to Terminate), the 752 termination is effective upon the other party's receipt of a written notice to terminate (Notice to Terminate), provided 753 such written notice was received on or before the applicable deadline specified in this Contract, If the Notice to 754 Terminate is not received on or before the specified deadline, the party with the Right to Terminate accepts the 755 specified matter, document or condition as satisfactory and waives the Right to Terminate under such provision. 756 25.2. Effect of Termination. In the event this Contract is terminated, ell Earnest Money received In.iettedee will b. 757 'et+n.iod and the parties are relieved of all obligations hereunder, subject to §§ 10.4, 22,,2.3'and 24. 158 26, ENTIRE ACREEMENT, MODIFICATION, SURVIVAL, This Contract, its exhibits and specified addenda, constitute 759 the entire agreement between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether 760 oral or \written, have been merged and Integrated Into this Contract. No subsequent modification of any of the terms of this 761 Contract is valid, binding upon the parties, or enforceable unless made in writing and signed by the parties, Any right or 762 obligation in this Contract that, by its terms, exists or is intended to be performed after termination or Closing survives the 763 sanme, 764 27. NOTICE, DELIVERY, AND CHOICE OF LAW. 765 27.1. Physical Delivery. All notices must be in writing, except as provided in § 27.2. Any document, including a 766 aigued document or notice, From or on behalf of the Seller, and delivered to Buyer is effective when physically 767 received by Buyer, any signatory on behalf of Buyer, any named individual of Buyer, any representative of Buyer, 768 or Brokerage Firm of Broker working with Buyer (oecept for delivery, after Closing, of the notice requesting 769 'mediation deeeribod in § 23 and except as provided in § 27.2). Any document, including a signed document or 770 notice, front or on behalf of Buyer, and delivered to Seller is effective when physically received by Seller, any 771 signatory on behalf of Seller, any named individual of Seller, any representative of Seller, or Brokerage Pint of 772 Broker working with Seller (ortoept for delivery, after Closingrof the notice requesting mediation deseribed In § 23 773 and except as provided-Itt § 27.2), 774 27.2. EleetronIc Delivery. As an alternative to physical delivery, any document, including a signed document or 775 written notice, in be delivered in eleotronic form only by the following indicated methods: 776 ®Facsindle Email EiIattcrnet, If no box is checked, this § 27.2 is not applicable and § 27,1 governs 777 notice end delivery. Documents with original signatures will be provided upon request of any party. 778 27,3. Choice of Law. This Contract and ell disputes arising hereunder are governed by and construed in accordance 779 with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in 780 Colorado for property located in Colorado, 781 28. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal will expire unless accepted in writing, by Buyer and 782 Seller, as evidenced by their signatures below, and the offering party receives notice of such acceplauce pursuant to § 27 on 783 or before Acceptance Deadline Date (§3) and Acceptance Deadline Time (§ 3). If accepted, this document will become a 784 contract between Seller and Buyer. A copy of this Contract may be executed by each party, separately, and when each 785 party has executed a copy thereof, such copies taken together are deemed to be a full and complete contract between the 786 parties, 787 29. COOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith including, but not 788 limited to, exercising the rights and obligations set forth in the provisions of Financlttg Conditions and Obllgatiens (§ 5), 789 Title insurance, Record Title and OII=Reeord Title (§ 8), Current Survey Review (§ 9) and property Disclosure, 334 Inspection, Indemnity, Insurability, Due Diligence, Buyer Disclosure and Source of Water (§ 10), 792 793 30, ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate CommirSton,) 795 ' gH.�",J �vr,�ar. c PJ} 7if ii''u� •� .,.,F,...�.rSiY7"tip •Y,� ygay r �s,,. p r..rcl• ..�,a:rs,_ rr,,a� " t fry ,J;c pi�•!�e`•4' I: s �i L''rG'.a �.'{eJ;C..n rs lt$1'r ,.. lt.- ,-,f- •. e.t.a., .� ..- �-.l, .. J,. _ ertk .•. ♦5'cir{`:i(iaa.��-sm.%.•N F.;SI.-,a ,t'egt IS of l9 796 A. Buyer's obligations tinder this Contract are specifically conditioned upon: (i) Buyer's satisfaelion, in its sole and 797 absolute discretion, with the boundaries and physical condition of the Property and ]nelnsions; and (ii) Buyer's 798 determination, in its sole and absolute discretion, that the Property may be used for Buyer's intended purposes on terms and 799 conditions acceptable to Buyer that are likely to be imposed by the relevant governmental authorities. If these conditions 800 are not satisfied on or before the end of the Doe Diligence Period, Buyer may, at its option, terminate this Contract in which 801 case the provisions of "Section 25 -- Termination" shall apply, 802 803 B. Buyer's intent in forming this Contract is to complete an expedited due diligence period within 60 days of Seller's 804 acceptance of the Contract. All terms of the Contract shall he construed to effectuate this intent. The Contract 805 contemplates that any extension beyond the initial Closing date of &IBC plus 70 days, is to provide time for Buyer or Seller 806 to complete activities necessary for Closing. Unless specifically described in these Additional Provisions, if the Contract is 807 extended Buyer does not anticipate any cause or opportunity to terminate after the Initial due diligence period. 1'or the 808 purposes of these Additional Provisions, the Due Diligence Period expires at MEC plus 60 days. 809 810 C. To the extent owned by the seller, all surface water end water rights appurtenant to the Property, all tributary, non - 811 tributary, and not non -tributary ground water and ground water rights underlying and/or appurtenant to the Property, and 812 the right to extract and/or use said water and to freely assign or convey such rights; together with all rights to any wells on 813 the Property and the right to extract and/or use water from said and to freely assign or convey such right; all of the above to 814 he conveyed to Buyer at Closing by special warranty deed or other applicable legal instrument at no additional cos4cxccpt 815 ns provided herein. 816 817 D. To die extent owned by the seller, the entire mineral estate of the Property including, if any, without limitation, all oil 818 and gas and oil end gas rights, and minerals and mineral rights on, under or associated with the Property; all of which shall 819 be conveyed to Buyer at Closing by quit claim deed or other applicable legal instrument at no additional cost, subject to all 820 currently existing lenses, assignments, profits, surface use agreements and other transactions involving the mineral estate, 821 822 B, Seller shall cooperate with and assist Buyer in Buyer's due diligence including, without limitation, providing 823 reasonable access to the Property for Inspections, providing copies of documents reasonably requested by Buyer, and 824 providing access to Seller's consultants. Buyer specifically antioipates due diligence work to clarify and rationalize land 825 use planning and zoning issues, including an intergovernmental agreement between the cities of Ft. Lupton and Brighton 826 thin may require local legislative action to enable future use of the subject property. Seller shall cooperate with the Buyer 827 in obtaining reasonable access to ell areas of the site, including access to portions of the site east of the Union Pacific 828 Railroad. Seller shall cooperate in Buyer`s attempt to negotiate with the railroad for a new crossing and with neighboring 829 land owners and nutnicipal jurisdictions as may be required, provided such cooperation is at no or nominal cost to Seller. 830 Buyer will require all third -party contractors or other invitees under its direction and control (e.g., to perform studies during 831 the Due Diligence Period) to execute a Right -of -Entry License or equivalent agreement in a form and with indemnifleniion 832 and other terms acceptable to Seller; Seller will not unreasonably deny such agreement. 833 834 F. Buyer intends to finance a portion of the purchase using a loan obtained from nn institution with which the Buyer has 835 an existing relationship, The Price and Terms outlined in § 4,1 represent Buyer's current best estimate of such financing, 836 but Buyer reserves the right to adjust the loan amount; provided such adjustment may not directly or indirectly delay or 837 interfere with the ability of Buyer and Seller to proceed with a timely Closing. Buyer shall determine final loan terms by 838 the end of the Duo Diligence Period, reserving until that time a right to terminate pursuant to § 25, 1. After the expiration of 839 the Due Diligence Period, the Buyer may not and shall net terminate the Contract on the basis of loan terms or conditions. 840 841 G. Seller represents to Buyer that, to its knowledge: (a) the Property has not been and is not currently under investigation 842 for violation of any federal, state, or local laws or regulations; and (b) there is no suit, action or arbitration, or legal, 843 administrative, or other proceeding or governmental investigation, formal or Informal, including bat not limited to eminent 844 domain, condemnation, assessment district or zoning change proceeding, pending or threatened, or any judgment, 845 moratorium or other government policy or practice which affects the Property, or which adversely affects Seller's ability to 846 perform hereunder. Any changes to this representation shall be disclosed to Buyer at or before Closing. 847 848 H, Ho regulatory agency has informed Seller that there are any violations or threatened violations of Environmental Laws 849 with respect to the Property. For the purposes of this Contract, Environmental Laws shalt mean the Comprehensive 850 Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. § 9601 el. seq., the Toxic 851 Substance Control Act, 15 U,S,C. § 2601 el, seq.; the Hazardous Materials Transportation Act, 49 U.S.C. § 1802; the 852 Resource Conservation and Recovery Act, 42 U.S.C, § 9601 c1, seq.; the Clean Water Act, 33 U.S,C. § 1251 et. seq.; the 853 Safe Drinking Water Act, 42 U.S.C, § 300(f) et. seq.; the Clean Air Act, 42 U.S.C, § 7401 et. seq.; and any permits, 854 licenses, approvals, plans, Hales, regulations or ordinances adopted, or other criteria and guidelines promulgated pursuant to Page I6of19 855 the preceding laws or other similar federal, state or local laws, regulations, rules or ordinances in effect relating to 856 environmental matters. Any changes to this representation shall be disclosed to Buyer at or before Closing, 857 858 1. Each party agrees, without expense to that party, to cooperate with the other party for purposes of effecting and 859 structuring, In conjunction with the safe of the property, a like -kind exchange of real property, whether a simultaneous or 860 deferred exchange, pursuant to Section 1031 of the Internal Revenue Code of 1986, as amended, and the regulations 861 promulgated thereunder, provided that such cooperation does not affect or extend any date for Closing to the detriment of 862 any party, or obligate arty party to take title to any exchanged parcel, or relieve any party from any of its obligations under 863 this Contract. 864 865 . J. All terms and conditions of this Contract shall survive Closing and shall not merge into the deeds to be delivered al 866 Closing. 867 868 K. The parties and their respective counsel have reviewed, revised, and approved this Contract. Accordingly, the rule of 869 eonsttuetion that any ambiguities are to be resolved against the drafting petty shall not be employed in the interpretation of 870 this Contract or any amendments or exhibits hereto. 871 872 L. Buyer has already conducted limited field evaluation of the site, and agrees to continue to he bound by the terms of the 873 Right of Entry License (dated 8' September 2015) that allowed such prior access. During the 60 day due - 874 diligence/Inspection Objection period, Buyer has the right and approval of Seller to enter the property and conduct 875 necessary borings, tests and evaluations Including access and i:i1?RR requirements. Buyer agrees to indemnify and hold 876 harmless and provide liability insurance during the Due-Diligence/Inspection Objection Period naming Seller as additional 877 insured. This provision shell survive termination of the contract or closing, whichever -occurs. Access by other persons, 878 including Buyer's consultants, is governed by Additional Provision 30(E). 879 880 M. Buyer may nt any time during the Due-Diligence/Inspection Objection Period of 60 days, at its sole discretion 881 terminate this contract and ail earnest money deposit held by B.TD (Seller) shall be returned to Buyer and each party shall 882 be relieved of any further obligations, 883 384 N. Within 5 days prior to the expiration of the Due Diligence Period and thereafter within 5 days prior to the expiration of 885 each incremental 30 -day extension hereunder, Buyer may extend the contract for up to (4) 30 day consecutive periods by 886 depositing to seller additional earnest money under the following schedule, 887 888 Day 61 to day 90 a., 889 Day 91 to day 120 890 Day 121 to day 150 891 Day 151 to day 180 892 893 Notwithstanding Section 4.3.2, offer the expiration of the Due Diligence Period, nil monies deposited by Buyer are non - 894 refundable to Buyer but applicable to purchase price et closing. Closing will occur within 30 days after the expiration of 895 any 30 -day extension. 896 897 O. Buyer shell have the right to review and approve the Title Company Selected by the Seller pursuant to Section 7 of this 898 Contract, which approval shall not be unreasonably withheld. 899 9Qi 902 31, ATTACHMENTS, 903 31.1. The following attachments are a part of this Contract: N/A. 904 31,2. The following disclosure forms are attached but nre not a part of this Contract: NIA. 905 906 907 Buyer's Nar X Buyer's Signature ' Date Address: 2600 E Brann Way Buyer's Signature Address: Date Pep t7of t4 Denver, CO 80634 Phone No.: Fax No.: Electrortie Address: 303-534.1231 303-634-1236 frnarvol@brannanl.com Phone No,: Fax No.: Electronic Address: 908 [NOTE: If this offer is being countered or rejected, do not sign this document. Refer to § 32J 909 910 915 916 918 919 Broker [Woes Eboes Not acknowledge receipt of Earnest Money deposit and, while not a party to the Contract, 920 agrees to cooperate upon request with any mediation concluded under `J 23. Broker agrees that if Brokerage Finn is the 921 Earnest Money 3 -!older end, except as provided in § 24, if the Earnest Money has not already bean returned following 922 receipt of a Notice to Terminate or other written notice of termination, Earnest Money Holder will release the Earnest 923 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. 926 Broker is working with Buyer as a ®Buyer's Agent ❑Seller's Agent ❑Transaction -Broker in this transaction, DThis is a Change of Status. 929 Brokerage Firm's compensation or commission is to be paid by DLlstIng Brokerage Firm 13fiuyer ❑Other NIA, Brokerage Firm's Name: Phifl Foster and Company Broker's Name: Peter G, Gunderson 932 Seller's Name: X Roglonal Tronsporallon District Seller's Name: Seller's Signature fr Address: Phone No.: F'aX No.: Electronic Address: 1660 Broadway Suite 650 Denver, CO 80202 303.290,6000 (2 - phIl,Ildvo@rtd•donver.com Seller's Signature Address: Phone No.: Fax No,: Electronic Address; Date 32, ROVED S TO'i3 l 7�irisQ rI Gountct�d , [jRcjeq ej d,. AgFRflV�B 'AS 'TO L��AL 1.''� Lori L. Graham, Associate General Counsel Initials only of party (Buyer or Seller) who countered or rejected offer 33. BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE, (To be completed by Broker working with Buyer) 9Y8 933 X 934 935 936 34, BROKER'S ACKNOWLEDGEMENTS AND COMPENSATION DISCLOSURE. (To be completed by Broker working with Seller) Broker's Signature ;...g.., Z )5' Date Address: 8811 E. Hampden Ave Phone No.: Frax No.: Electronic Address: iarry.corinoll@earthlink,net Suite 104, Denver CO 80231 303 229-4665 303 399.0930 93� 939 Broker ❑Does ®floes Not acknowledge receipt of Earnest Money deposh and, while not a party to the Contract, 940 agrees to cooperate upon request with any mediallou concluded under § 23. Broker agrees that if Brokerage Firm is the 1'eyo t8 er19 941 Earnest Money Holder and, except as provided in § 24, if the Earnest Money has not already been returned following 942 receipt of a Notice to Terminate or other written notice of termination, Earnest Money Holder will release the Earnest 943 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 cheek has cleared. 946 Broker is working with Seller as a ❑Selter's Agent ®Buyer's Agent ❑Transaction -Broker in this transaction. 31g This is a Change of Status, Brokerage Firm's compensation or commission Is to be paid by :Netter ®Buyer ❑Other NIA Brokerage Firm's Name; Phltl Foster and Company Broker's Name: Peter G. Gunderson 951 952 x Broker's Signature .Date Address: 8811 E. Hampden Ave Phone No.: Fax No,: Electronic Address: Suite 104 Denver, CO 80231 303 399-9422 303 399-0930 larry,cornoll n,earthiink.net Page 19a114 Hello