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Home My WebLink About20152328.tiff 1861/ CLERK TO THE BOARD PHONE (970) 336-7215, EXT 4226 FAX (970) 352-0242 WEBSITE: www.co.weld.co.us 1150 O STREET _ COUNTY P.O. BOX 758 GREELEY CO 80632 September 1, 2015 BARBERIO MARY ANN 1619 STREAMSIDE DR FORT COLLINS, CO 80525-9489 RE: THE BOARD OF EQUALIZATION 2015, WELD COUNTY COLORADO APPROVAL OF STIPULATION BETWEEN PETITIONER AND ASSESSOR ACCOUNT NO.: R8088799 Dear Petitioner: On July 30, 2015, the Board of County Commissioners of Weld County Colorado convened and acting as the Board of Equalization, pursuant to C.R.S. Section 39-8-101 et seq., considered your request to approve and adopt a valuation of your property arrived at by a Stipulation between you and the Weld County Assessor, for the year 2015. The Board of Equalization found that the evidence presented at the hearing supported the stipulated value placed upon the above-described property as set forth below. Such evidence indicated the value was reasonable, equitable, and derived according to the methodologies, percentages, figures and formulas dictated by law. ACTUAL VALUE AS STIPULATED VALUE DETERMINED BY ASSESSOR APPROVED BY BOARD $225,000.00 $125,000.00 The above `Stipulated Value' is the value which will be used in the calculation of your property taxes for 2015. This value is not appealable. If you have questions concerning the above information, please call me at (970) 336-7215, Ext. 4226. Very truly yours, Esther E. Gesick, Clerk to the Board Weld County Board of County Commissioners Cc: Christopher Woodruff, Weld County Assessor 2015-2328 AS0091 COUNTY BOARD OF EQUALIZATION WELD COUNTY Single County Schedule Number R8088799 STIPULATION (As To Tax Year 2015_Actual Value) RE PETITION OF : RECEIVED NAME: MARY ANN BARBERIO JUL 2 4 2015 ADDRESS: 1619 STREAMSIDE DR FORT COLLINS, CO 80525 COMMDSg COUNTY Petitioner(s) and the Weld County Assessor hereby enter into this Stipulation regarding the tax year 2015 valuation of the subject property, and jointly move the Board of Equalization to enter its order based on this Stipulation. Petitioner(s) and Assessor agree and stipulate as follows: 1. The property subject to this Stipulation is described as: LOT 13 HILLTOP ESTATES SUB 2. The subject property is classified as Vacant Land 3. The County Assessor originally assigned the following actual value to the subject property for the tax year 2015: Total $225,000.00 4. After further review and negotiation, Petitioner(s) and Weld County Assessor agree to the following tax year 2015 actual value for the subject property: Total $125,000.00 5. The valuation, as established above, shall be binding only with respect to tax year 2015. 6. Brief narrative as to why the reduction was made: Reduced due to a review of sales comparisons 7. Both parties agree that: ®A hearing has not yet been scheduled before the Board of Equalization. 2015-2328 R8088799 66: 747 ,4S OOP 1 /(e DATED this 22nd day of July, 2015. . j *;S art(s gen or Attorneoul one for Y (Assistant) tY Y Respondent, Weld County Board of Commissioners Address: Address: /' /9 yre.Q,,y s,c/e O,- 1150 "O" Street (/i4_r P.O.e-o Box 758 / rd s z s-- Greeley, CO 80632 Telephone: 97O. d/R. YYS Teleph\one:,(970) 336-7235 .'. ��/( % 7 County Assessor / Address: 1400 N.17th Avenue Greeley, CO 80631 Telephone: (970) 353-3845 ext. 3697 Docket Number Stip-1.Frm R8088799 2 CLERK TO THE BOARD 1861 / PHONE (970) 336-7215, EXT 4226 FAX (970) 352-0242 WEBSITE: www.co.weld.co.us rrEUad ":1‘.1) 1150 O STREET 11134N P.O. BOX 758 GREELEY CO 80632 LINTY July 22, 2015 BARBERIO MARY ANN 1619 STREAMSIDE DR FORT COLLINS, CO 805259489 Account No.: R8088799 Dear Petitioner(s): The Weld County Board of Equalization has set a date of July 29, 2015, at or about the hour of 2:20 PM, to hold a hearing on your valuation for assessment. This hearing will be held at the Weld County Administration Building, Assembly Room, 1150 0 Street, Greeley, Colorado. You have a right to attend this hearing and present evidence in support of your petition. The Weld County Assessor or his designee will be present. The Board will make its decision on the basis of the record made at the aforementioned hearing, as well as your petition, so it would be in your interest to have a representative present. If you plan to be represented by an agent or an attorney at your hearing, prior to the hearing you shall provide, in writing to the Clerk to the Board's Office, an authorization for the agent or attorney to represent you. If you do not choose to attend this hearing, a decision will still be made by the Board by the close of business on August 5, 2015, and mailed to you on or before August 12, 2015. Because of the volume of cases before the Board of Equalization, most cases shall be limited to 10 minutes. Also due to volume, cases cannot be rescheduled. It is imperative that you provide evidence to support your position. This may include evidence that similar homes in your area are valued less than yours or you are being assessed on improvements you do not have. Please note: The fact that your valuation has increased cannot be your sole basis of appeal. Without documented evidence as indicated above, the Board will have no choice but to deny your appeal. If you wish to obtain the data supporting the Assessor's valuation of your property, please submit a written request directly to the Assessor's Office by fax (970) 304-6433, or if you have questions, call (970) 353-3845. Upon receipt of your written request, the Assessor will notify you of the estimated cost of providing such information. Payment must be made prior to the Assessor providing such information, at which time the Assessor will make the data available within three (3) working days, subject to any confidentiality requirements. AS0091 BARBERIO MARY ANN - R8088799 Page 2 Please advise me if you decide not to keep your appointment as scheduled. If you need any additional information, please call me at your convenience. Very truly yours, BOARD OF EQUALIZATION d etA v :4 Esther E. Gesick Clerk to the Board Weld County Board of County Commissioners cc: Christopher Woodruff, Assessor AS0091 • NOTICE OF DETERMINATION RECEIVED Christopher M. Woodruff JUL ) 6 2r5 Date of Notice: 6/30/2015 Weld County Assessor Telephone: (970) 353-3845 1400 N 17th Ave WELD COUNTY Fax: (970) 304-6433 Greeley, CO 80631 COMMISSIONERS Office Hours: 8:00AM- 5:00PM ACCOUNT NO. TAX YEAR TAX AREA LEGAL DESCRIPTION(PHYSICAL LOCATION R8088799 2015 0452 WIN HTE L13 HILLTOP ESTATES cc BARBERIO MARY ANN 1371 BARN OWL CT 1619 STREAMSIDE DR WINDSOR,CO 000000000 o FORT COLLINS,CO 80525-9489 cc u, a. O a. a. ASSESSOR'S VALUATION PROPERTY CLASSIFICATION ACTUAL VALUE PRIOR TO ACTUAL VALUE AFTER REVIEW REVIEW VACANT LAND 225,000 225,000 TOTAL $225,000 $225,000 The Assessor has carefully studied all available information, giving particular attention to the specifics included on your protest. The Assessor's determination of value after review is based on the following: LNO3 -A review of the market value of land in your neighborhood indicates your land valuation is correct. If you disagree with the Assessor's decision, you have the right to appeal to the County Board of Equalization for further consideration, § 39-8-106(1)(a), C.R.S. The deadline for filing real property appeals is July 15. The Assessor establishes property values. The local taxing authorities (county, school district, city, fire protection, and other special districts) set mill levies. The mill levy requested by each taxing authority is based on a projected budget and the property tax revenue required to adequately fund the services it provides to its taxpayers. The local taxing authorities hold budget hearings in the fall. If you are concerned about mill levies, we recommend that you attend these budget hearings. Please refer to last year's tax bill or ask your Assessor for a listing of the local taxing authorities. Please refer to the reverse side of this notice for additional information. Agent (If Applicable): DA .7/n 6000-0199 PSG ► APPEAL'PROCEt7UI S County Board of Equalization Hearings will be held from July 29 through August 5 at 1150 O Street. To appeal the Assessor's decision, complete the Petition to the County Board of Equalization shown below, and mail or deliver a copy of both sides of this form to: Weld County Board of Equalization 1150 O Street, P.O. Box 758 Greeley, CO 80631 Telephone: (970) 356-4000 ext, 4225 To preserve your appeal rights, your Petition to the County Board of Equalization must be postmarked or delivered on or before July 15 for real property — after such date, your right to appeal is lost. You may be required to prove that you filed a timely appeal; therefore, we recommend that all correspondence be mailed with proof of mailing. You will be notified of the date and time scheduled for your hearing. The County Board of Equalization must mail a written decision to you within five business days following the date of the decision. The County Board of Equalization must conclude hearings and render decisions by August 5, § 39-8-107(2), C.R.S. If you do not receive a decision from the County Board of Equalization and you wish to continue your appeal, you must file an appeal with the Board of Assessment Appeals by September 10, § 39-2-125(1)(e), C.R.S. If you are dissatisfied with the County Board of Equalization's decision and you wish to continue your appeal, you must appeal within 30 days of the date of the County Board's written decision to ONE of the following: Board of Assessment Appeals District Court 1313 Sherman Street, Room 315 Contact the District Court in the County Denver, CO 80203 where the property is located. See your (303) 866-5880 local telephone book for the address and www.dola.colorado.gov/baa telephone number. Binding Arbitration For a list of arbitrators, contact the County Commissioners at the address listed for the County Board of Equalization. If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day, § 39-1-120(3), C.R.S. PETITION TO COUNTY BOARD OF EQUALIZATION What is your estimate of the property's value as of June 30, 2014? (Your opinion of value in terms of a specific dollar amount is required for real property pursuant to § 39-8-106(1.5), C.R.S.) $ /ro Oo What is the basis for your estimate of value or your reason for requesting a review? (Please attach additional sheets as necessary and any supporting documentation, i.e., comparable sales, rent roll, original installed cost, apor isal, etc.) �Tfc, Qf7rr' cs' 4/el.'s C-2./ Ye s o l 7 '>., .-( • 71O cS'e l4. (s5e c5-QA' C2)-7/-cet«?r- > Ai". £' c-,rf,. ATTESTATION o - 7 CSI /-c egi e/, I, the undersigned owner or agent' of the property identified above, affirm that the statements contained herein and on any attachments hereto are true and complete. Si natu / Telephone Number Date / ean. b 0\146 ce c �t -/fc.c '�ri.�t c c,l`. -°/1 EmailVAddress ' Attach letter of authorization signed by property owner. 15-DPT-AR PR 207-08/13 R8088799 8429694 /( e 4m yy�.. ,�� g�.� 1 111•••Illlll _ i , • .. 0 .. /O..._-.,,,,-/-;‘..-c"-,5-f— V.e e,---- (,e ci'afe d 76.-c---"" - • E 4 lk 1 V }' #; !. eI, Og •t N Y 4 t. 9 t - - eap.: 1 fit � 'r wr.. ' _ It - ( ,. t k h r fi r k�ie�Fy { ra .?"--7' f.� • • 1371 Barnowl Real estate listing history July 13, 2015 Date Listing price Number of Offers April 2015 $135,000 0 March 2014 $155,000 0 October 2013 $145,000 0 July 2013 $156,000 0 2010-2013 $120-$150,000 0 (Owner Listed) Alliance Real Estate Services dba M* RE/MAX Alliance-Downtown � 125 South Howes Suite 120 �5 Fort Collins, CO 80521 L123, ti? Phone: (970)482-1781 Fax: (970)482-1720 1 The printed portions of this form,except differentiated additions have been approved by the Colorado Real Estate Commission. 2 (LC50-8 13)(Mandatory 1 14) 3 4 THIS IS A BINDING CONTRACT.THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD 5 CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. 6 Compensation charged by brokerage firms is not set by law.Such charges are established by each real estate brokerage firm. 7 DIFFERENT BROKERAGE RELATIONSHIPS ARE AVAILABLE WHICH INCLUDE BUYER AGENCY,SELLER AGENCY OR 8 TRANSACTION-BROKERAGE. 9 to EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT t ® SELLER AGENCY TRANSACTION-BROKERAGE 12 13 Date: April 20, 2015 14 1. AGREEMENT. Seller and Brokerage Firm enter into this exclusive,irrevocable contract(Seller Listing Contract)and agree 15 to its provisions. Broker,on behalf of Brokerage Firm,agrees to provide brokerage services to Seller. Seller agrees to pay 16 Brokerage Firm as set forth in this Seller Listing Contract 17 2. BROKER AND BROKERAGE FIRM. 18 ® 2.1. Multiple-Person Finn. If this box is checked,the individual designated by Brokerage Firm to serve as the broker of 19 Seller and to perform the services for Seller required by this Seller Listing Contract is called Broker. If more than one individual is 20 so designated,then references in this Seller Listing Contract to Broker include all persons so designated,including substitute or 21 additional brokers. The brokerage relationship exists only with Broker and does not extend to the employing broker,Brokerage 22 Firm or to any other brokers employed or engaged by Brokerage Firm who are not so designated. 23 2.2. One-Person Firm. If this box is checked,Broker is a real estate brokerage firm with only one licensed natural person. 24 References in this Seller Listing Contract to Broker or Brokerage Firm mean both the licensed natural person and brokerage firm 25 who serve as the broker of Seller and perform the services for Seller required by this Seller Listing Contract. 26 3. DEFINED TERMS. 27 3.1. Seller: Mary Ann Barbaric 28 3.2. Brokerage Finn: RE/MAX Alliance-FTC Deatn 29 33. Broker: Rick Berry 30 3.4. Property. The Property is the following legally described real estate in the County of Weld,Colorado: 31 WIN HTE L13 HILLTOP ESTATES 32 33 34 known as No. I371 Barn Owl Ct Windsor CO 80550 , 35 Street Address City State Zip 36 together with the interests,easements,rights,benefits,improvements and attached fixtures appurtenant thereto,and all interest of 37 Seller in vacated streets and alleys adjacent thereto,except as herein excluded. 38 3.5. Sale;Lease. 39 35.1. A Sale is the voluntary transfer or exchange of any interest in the Property or the voluntary creation of the 40 obligation to convey any interest in the Property,including a contract or lease. It also includes an agreement to transfer any 41 ownership interest in an entity which owns the Property. LC50-8-13.EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT 4/20/2015 8:59 Page 1 of 8 Seller initials 151 by Broker of the advantages and disadvantages of various marketing methods,including advertising and the use of multiple listing 152 services(MLS)and various methods of making the Property accessible by other brokerage firms(e.g.,using lock boxes,by- 153 appointment-only showings,etc.)and whether some methods may limit the ability of another broker to show the Property. After 154 having been so advised,Seller has chosen the following: 155 9.1. MLS/Information Exchange. 156 9.1.1. The Property El Will 7, Will Not be submitted to one or more MLS and IN Will , Will Not be submitted 157 to one or more property information exchanges.If submitted,Seller authorizes Broker to provide timely notice of any status 158 change to such MLS and information exchanges. Upon transfer of deed from Seller to buyer,Seller authorizes Broker to provide 159 sales information to such MLS and information exchanges. 160 9.1.2. Seller authorizes the use of electronic and all other marketing methods except: 161 9.13. Seller further authorizes use of the data by MIS and property information exchanges,if any. 162 9.1.4. The Property Address 0 Will �' Will Not be displayed on the Internet. 163 9.1.5. The Property Listing © Wilt '._.2 Will Not be displayed on the Internet. 164 9.2. Property Access. Access to the Property may be by: 165 Manual Lock Box Electronic Lock Box 166 167 Other instructions: 168 93. Broker Marketing. The following specific marketing tasks will be performed by Broker. 169 Broker shall enter the property on MLS(IRES) that Broker is a member.Broker shall promote/pitch/advertise property at various local and regional real estate meetings and functions. Property shall be placed on other Internet exchanges including; RENAX.com,homesincolorado.com. A REMAX "yard sign" shall be placed on the property. Broker also will contact area builders and developers via mail,phone calls,electronic contact or other methods with information/brochures about the property. 170 171 172 10. SELLER'S OBLIGATIONS TO BROKER;DISCLOSURES AND CONSENT. 173 10.1. Negotiations and Communication. Seller agrees to conduct all negotiations for the Sale of the Property only through 174 Broker,and to refer to Broker all communications received in any form from real estate brokers,prospective buyers,tenants or any 175 other source during the Listing Period of this Seller Listing Contract. 176 10.2. Advertising. Seller agrees that any advertising of the Property by Seller(e.g.,Internet,print and signage)must first be 177 approved by Broker. 178 103. No Existing Listing Agreement. Seller represents that Seller Is El Is Not currently a party to any listing 179 agreement with any other broker to sell the Property. 180 10.4. Ownership of Materials and Consent. Seller represents that all materials(including all photographs,renderings, 181 images or other creative items)supplied to Broker by or on behalf of Seller are owned by Seller,except as Seller has disclosed in 182 writing to Broker. Seller is authorized to and grants to Broker.Brokerage Firm and any MIS(that Broker submits the Property to) 183 a nonexclusive,irrevocable,royalty-free license to use such material for marketing of the Property,reporting as required and the 184 publishing,display and reproduction of such material,compilation and data.This license survives the termination of this Seller 185 Listing Contract. 186 10.5. Colorado Foreclosure Protection Act. The Colorado Foreclosure Protection Act(Act)generally applies if(1)the 187 Property is residential(2)Seller resides in the Property as Seller's principal residence(3)Buyer's purpose in purchase of the 188 Property is not to use the Property as Buyer's personal residence and(4)the Property is in foreclosure or Buyer has notice that any 189 loan secured by the Property is at least thirty days delinquent or in default. If all requirements 1,2,3 and 4 are met and the Act 190 otherwise applies,then a contract,between Buyer and Seller for the sale of the Property,that complies with the provisions of the 191 Act is required. If the transaction is a Short Sale transaction and a Short Sale Addendum is part of the Contract between Seller and 192 Buyer,the Act does not apply. It is recommended that Seller consult with an attorney. 193 11. PRICE AND TERMS. The following Price and Terms are acceptable to Seller: 19a 11.1. Price. U.S.$ 3.457P,09,O 195 11.2, Terms, El Cash Q Conventional FHA VA Other: 196 113. Loan Discount Points. N/A 197 11.4. Buyer's Closing Costs(FHA/VA).Seller must pay closing costs and fees,not to exceed$ ,that Buyer 198 is not allowed by law to pay,for tax service and N/A. 199 11.5. Earnest Money. Minimum amount of earnest money deposit U.S.$ 2,500.00 in the form of Check LCSO-8-13.EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT 4/202015 8:59 Page 4 of 8 Seller initials • Alliance Real Estate Services dba 641, RE/MAX Alliance-Downtown 125 South Howes Suite 120 ALLIANCE Fort Collins,CO 80521 Phone: (970)482-1781 Fax: (970)482-1720 I The printed portions of this form,except differentiated additions have been approved by the Colorado Real Estate Commission 2 (AE42 8 10)(Mandatory 1 1 l) 3 4 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THF.PARTIES SHOULD CONSULT LEGAL AND TAX 5 OR OTHER COUNSEL BEFORE SIGNING. 6 7 AGREEMENT TO AMEND/EXTEND 8 CONTRACT WITH BROKER 9 10 Date: March 6, 2014 11 12 This Agreement to Amend/Extend amends the following contract which is checked- 13 ;X Seller Listing Contract or. 14 Exclusive Right-to-Lease Contract, 15 dated relating to the sale or lease of the real estate in the County of Weld.Colorado, 16 (Legal Description): 17 WIN ATE L13 HILLTOP ESTATES 18 19 20 known as 1371 Barn Owl Ct Windsor CO 80550 (Property). 21 Street Address City State Zip 22 Exclusive Right-to-Buy Contract or. 23 Exclusive Tenant Contract. 24 dated ,between Brokerage Firm named below and the undersigned Buyer or Seller 25 26 If this Agreement is used with a lease or rental transaction,the word"Seller"shall mean"Landlord",and the word"Buyer"shall 27 mean"Tenant". 28 29 This Agreement wilt control in the event of any conflict with the contract to which it amend:. 30 31 Buyer or Seller and Brokerage Firm agree to amend the aforesaid contract as follows: 32 1. The date ending the Listing Period or Duration of Agency/Duration of Relationship is extended to December 30, 2014. 33 2. If this Agreement amends the Listing Contract or Exclusive Right-to-Lease Contract,the price or rental rate is changed to 34 $155,000.00. 35 3. Additional amendments: 36 38 39 All other terms and conditions of said contract shall remain the same. 40 41 Buyer Date Buyer Date AE42-8-10 CONTRACT TO AMENJ)IEXTENP CONTRACT WITH BROKER 8/29/2014 8.46 Page 1 or 2 µ Seller Date 06—. 9"-/r //1ry Seller r Barberio Date Brokerage Firm's Name: RE/MAX Alliance-FTC Detn ...._}.--' Z.;/< -L57- '' ( -- 2-6?- '7 Warrt ick Berry Date 42 AE424-10 CONTRACT TO AMEND/EXTEND CONTRACT WITH BROKER 8129/2014 R 46 Page 2 of 2 "c Roo t ate Services 0 RE/MAX - Downtown, 125 Sovqh Howes Suqe /2,0 .. gkgr Fort. Collins.. CO 80521 1 (97O)41824781 Faexi (970)482-17M 'The.p7inif.y2, s„r.t ex cop!,o� his __a:3itte.e,.i.sted acid itio s,t,.,.;hcen t ed by 2 e Colorado Rea;Elate Commission. t H.s.,0 )}&\ HAS IMPORTANT LEGAL CONSEQUENCES AND ,tt__PARTIES SHOULD Uk.:D _r7NSTiu LEI .. ANY"TAX .-. OR.OTHER R.couN Ei, ? -.t� L SIGNING.'' iT (('�� '�`'�. ,. .. AGREEMENT 9: TO ENL)/E 1 `�EN.i5 CONTRACT '� BROKER?, WITH BRO1`£z� , 1 Date: Cc'"",(atf`r,.'- 2013 it 1 'This Agreement to j nlend!Extend amends the following contract which is checked: I 20 Seiler Listing Contract"or; ti,.xclusive Right-to-Lease Cto r n ` 1 .,�,..�� the ,mot or .� 16 _L gal Description): 17 WIN RTE L13 HILLTOP ESTATES 19 tt 20 known as 1377 Earn C l Cti 7 1 f3,k�5�' CO a � u , -._..A Street Address City State Zip 2.2 Li Exclusive Right-to-Buy Contract act or; 23 (.'usn.e ,se aa,, c 25 2f? ,. Isis Agreement is used with a lease or rental transaction,the.`,word."Seiler shall mean "Landlord",and the;cord"Buyer"shall 27 mean 'Tenant''. 9 This Agreoment ,1 control Bile event of any conflict iwith .1>,. ,. .,treat iwhich I amends. 130 _i. Buyer or Seller and Brokerage`"rm agree t. amend:he aforesaid contract as follows: 3'1 d he date-ending;the Listing.Piaricd _. nitration of Ageacyllituration of Relati unstop is extended to December 27, 2013. 33 it. A this Agreement amends the Listing Contract or Exclusive Right-lo-Lease Contract,the price or rental rate is changed to 35 ± rtdli inai amenrisneri¢mac 313 39 :All other terms and conditions of said contract shall remain the same. 40 41 A E4 it-O CON't'R.4: , 1O AMEND/EXTEND OOT_ 7 rr 0/ t;i 2: CONTRACT WITH BROKER t.7'��t/��). .. J6 Pgg" of Buyer Date / Seller John J Barberio Date �(,..C Seller Mary A Barberio Date Brokerage Firm's Name: RE/MAX Alliance—FTC Dwtn Bro-er Rick Berry Date 42 AE42-8-10 CONTRACT TO AMEND/EXTEND CONTRACT WITH BROKER 10/4/2013 12:56 Page 2 of 2 Alliance Real Estate Services dba a RE/MAX Alliance -Downtown 125 South Howes Suite 120 x`31 k t,i Fort Collins, CO 80521 Phone: (970)482-1781 Fax: (970)482-1720 ( The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission. 2 (LC50-9-12)(Mandatory 1-13) 3 4 THIS IS A BINDING CONTRACT.THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD 5 CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. 6 Compensation charged by real estate brokerage firms is not set by law.Such charges are established by each real estate brokerage firm. 7 DIFFERENT BROKERAGE RELATIONSHIPS ARE AVAILABLE WHICH INCLUDE BUYER AGENCY,SELLER AGENCY OR 8 TRANSACTION-BROKERAGE. 9 10 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT 11 O SELLER AGENCY El TRANSACTION-BROKERAGE 12 13 Date: July 25, 2013 14 1. AGREEMENT. Seller and Brokerage Firm enter into this exclusive,irrevocable contract(Seller Listing Contract)as of the 15 date set forth above. Broker,on behalf of Brokerage Firm,shall provide brokerage services to Seller. Seller agrees to pay 16 Brokerage Firm as set forth in this Seller Listing Contract. 17 2. BROKER AND BROKERAGE FIRM. 18 ❑ 2.1. Multiple-Person Firm. If this box is checked,the individual designated by Brokerage Firm to serve as the broker of 19 Seller and to perform the services for Seller required by this Seller Listing Contract is called Broker. If more than one individual is 20 so designated,then references in this Seller Listing Contract to Broker shall include all persons so designated,including substitute 21 or additional brokers.The brokerage relationship exists only with Broker and does not extend to the employing broker,Brokerage 22 Firm or to any other brokers employed or en a engaged by Br okerage e Firm who are notso designated.g g g 23 El 2.2. One-Person Firm. If this box is checked,Broker is a real estate brokerage firm with only one lic ensed tcensed natural person. 24 References in this Seller Listing Contract to Broker or Brokerage Firm mean both the licensed natural person and brokerage firm 25 who shall serve as the broker of Seller and perform the services for Seller required by this Seller Listing Contract. 26 3. DEFINED TERMS. 27 3.1. Seller: John J Barberio and Mary A Barberio 28 3.2. Brokerage Firm: RE/MAX Alliance-FTC Dwtn 29 3.3. Broker: Rick Berry 30 3.4. Property. The Property is the following legally described real estate in the County of Weld,Colorado: 31 WIN HTE L13 HILLTOP ESTATES 32 33 34 known as No. 1371 Barn Owl Ct Windsor CO 80550 35 Str et Add ss City State Zip 36 together with the interests,easements,rights,benefits,improvements and attached fixtures appurtenant thereto,and all interest of 37 Seller in vacated streets and alleys adjacent thereto,except as herein excluded. 38 3.5. Sale. 39 3.5.1. A Sale is the voluntary transfer or exchange of any interest in the Property or the voluntary creation of the 40 obligation to convey any interest in the Property,including a contract or lease. It also includes an agreement to transfer any 41 ownership interest in an entity which owns the Property. LC50-9-12.EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT 7/25/2013 14:17 Page 1 of 8 152 9. OTHER BROKERS'ASSISTANCE,MULTIPLE LISTING SERVICES AND MARKETING. Seller has been advised 153 by Broker of the advantages and disadvantages of various marketing methods,including advertising and the use of multiple listing 154 services(MLS)and various methods of making the Property accessible by other brokerage firms(e.g.,using lock boxes,by- 155 appointment-only showings,etc.),and whether some methods may limit the ability of another broker to show the Property. After 156 having been so advised,Seller has chosen the following(check all that apply): 157 9.1. MLS/Information Exchange. 158 9.1.1. The Property: ❑x Shall ❑ Shall Not be submitted to one or more MLS and lI Shall ❑ Shall Not be 159 submitted to one or more property information exchanges. If submitted,Seller authorizes Broker to provide timely notice of any 160 status change to such MLS and information exchanges. Upon transfer of deed from Seller to buyer,Seller authorizes Broker to 161 provide sales information to such MLS and information exchanges. 162 9.1.2. Seller authorizes the use of electronic and all other marketing methods except: 163 9.1.3. Seller further authorizes use of the data by MLS and property information exchanges,if any. 164 9.1.4. The Property Address El Shall ❑ Shall Not be displayed on the Internet. 165 9.1.5. The Property Listing 0 Shall ❑ Shall Not be displayed on the Internet. 166 9.2. Property Access. Access to the Property may be by: 167 ❑ Mechanical Lock Box ❑ Electronic Lock Box 168 ❑ 169 Other instructions: 170 9.3. Broker Marketing. The following specific marketing tasks shall be performed by Broker: 171 Broker shall enter property on the ILLS (IRES) that broker is a member. Broker shall promote/pitch/advertise property at local and regional real estate meetings and functions. Property shall be placed on Internet exchanges including ; Remax,homesinColorado,Craigslist, Trulia. A REMAX yard sign shall be placed on the property. 172 173 174 10. SELLER'S OBLIGATIONS TO BROKER;DISCLOSURES AND CONSENT. 175 10.1. Negotiations and Communication. Seller agrees to conduct all negotiations for the Sale of the Property only through 176 Broker,and to refer to Broker all communications received in any form from real estate brokers,prospective buyers,tenants or any 177 other source during the Listing Period of this Seller Listing Contract. 178 10.2. Advertising. Seller agrees that any advertising of the Property by Seller(e.g.,Internet,print and signage)shall first be 179 approved by Broker. 180 10.3. No Existing Listing Agreement. Seller represents that Seller ❑ Is ❑X Is Not currently a party to any listing 181 agreement with any other broker to sell the Property. 182 10.4. Ownership of Materials and Consent. Seller represents that all materials(including all photographs,renderings, 183 images or other creative items)supplied to Broker by or on behalf of Seller are owned by Seller,except as Seller has disclosed in 184 writing to Broker. Seller is authorized to and grants to Broker,Brokerage Firm and any MLS(that Broker submits the Property to) 185 a nonexclusive,irrevocable,royalty-free license to use such material for marketing of the Property,reporting as required and the 186 publishing,display and reproduction of such material,compilation and data.This license shall survive the termination of this 187 Seller Listing Contract. 188 10.5. Colorado Foreclosure Protection Act. The Colorado Foreclosure Protection Act(Act)generally applies if(1)the 189 Property is residential(2)Seller resides in the Property as Seller's principal residence(3)Buyer's purpose in purchase of the 190 Property is not to use the Property as Buyer's personal residence and(4)the Property is in foreclosure or Buyer has notice that any 191 loan secured by the Property is at least thirty days delinquent or in default. If all requirements 1,2,3 and 4 are met and the Act 192 otherwise applies,then a contract,between Buyer and Seller for the sale of the Property,that complies with the provisions of the 193 Act is required. If the transaction is a Short Sale transaction and a Short Sale Addendum is part of the Contract between Seller and 194 Buyer,the Act does not apply. It is recommended that Seller consult with an attorney. 195 11. PRICE AND TERMS. The following Price and Terms are acceptable to Seller: 196 11.1. Price. U.S.$ 156,000 197 11.2. Terms. 0 Cash L} Conventional ❑ FHA ❑ VA ❑ Other: 198 113. Loan Discount Points. 199 11.4. Buyer's Closing Costs(FHA/VA).Seller shall pay closing costs and fees,not to exceed$ N/A,that Buyer 200 is not allowed by law to pay,for tax service and 201 11.5. Earnest Money. Minimum amount of earnest money deposit U.S.$ 2,500.00 in the form of check 202 11.6, Seller Proceeds. Seller will receive net proceeds of closing as indicated: ❑ Cashier's Check at Seller's expense; LC50-9-12.EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT 7/25/2013 14:17 Page 4 of 8 f IN, O V W N F F J hZ Cr) a t ham] 1 V aVho '� rn ammo- EA- o vi O Q • O 7 0 ;f _ r� qt,, I=• \t .. N. QQ o I J a a 'NX): \N ‘)\' ....... els \\.; ED ;_ milmlimilmou ci CI 14 �' a ti)OINEMIIIIIIIIMINIIIIK ,j.. v Ln o CI gZ) rs- Hello