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HomeMy WebLinkAbout20150492.tiff Esther Gesick From: Toby Taylor Sent: Tuesday, March 10, 2015 8:44 AM To: Esther Gesick Subject: FW: File 7684UTG 1020 9th Avenue, Greeley, CO 80631 Attachments: OWNERS POLICY.PDF Esther, For your file. Toby Taylor, Director Weld County Department of Buildings&Grounds Weld County Veterans Services 1105 H Street P.O. Box 758 Greeley, CO 80632 P: 970.356.4000, ext. 2023 F: 970.304.6532 ttavlor@weldgov.com r • --- t. - 4°Ir Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Unified Title Plant [mailto:UTNCPlant@unifiedtitle.com] Sent: Wednesday, March 04, 2015 4:55 PM To: Toby Taylor Subject: File 7684UTG 1020 9th Avenue, Greeley, CO 80631 Greetings Attached is the final policy for the above property Thank You Unified Title Company of Northern Colorado Cie �2O03�1 3-lL-t2.O 15 UNIFIED TITLE COMPANY OF NORTHERN COLORADO, LLC 3690 West 10th Street,2nd Floor Greeley,CO 80634 Phone: 970-356-3551 Fax: 970-356-2063 March 04, 2015 Weld County Colorado ttaylor@co.weld.co.us PROPERTY ADDRESS: 1020 9th Avenue,Greeley, CO 80631 ORDER NO: 7684UTG DEAR CUSTOMER: ENCLOSED IS YOUR POLICY OF TITLE INSURANCE. THIS POLICY CONTAINS IMPORTANT INFORMATION ABOUT THE REAL ESTATE TRANSACTION YOU HAVE JUST COMPLETED AND IS YOUR GUARANTEE OF OWNERSHIP. PLEASE READ IT CAREFULLY AND RETAIN IT WITH YOUR OTHER VALUABLE PAPERS. A COMPLETE AND PERMANENT FILE OF THE RECORDS CONCERNING YOUR TRANSACTION WILL BE MAINTAINED IN OUR OFFICE. THESE RECORDS WILL ASSURE PROMPT PROCESSING OF FUTURE TITLE ORDERS AND SAVE MUCH VALUABLE TIME SHOULD YOU WISH TO SELL OR OBTAIN A LOAN ON YOUR PROPERTY. VISIT OR CALL OUR OFFICE AND SIMPLY GIVE US YOUR PERSONAL POLICY FILE NUMBER SHOWN ABOVE. WE APPRECIATE THE OPPORTUNITY TO SERVE YOU AND WILL BE HAPPY TO ASSIST YOU IN ANY WAY WITH YOUR FUTURE TITLE SERVICE NEEDS. SINCERELY, UNIFIED TITLE COMPANY OF NORTHERN COLORADO, LLC POLICY NO. OP-63700188 WESTCOR ALTA OWNER'S POLICY (6-17-06) LAND TITLE INSURANCE COMPANY ISSUED BY WESTCOR LAND TITLE INSURANCE COMPANY OWNER'S POLICY OF TITLE INSURANCE Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, WESTCOR LAND TITLE INSURANCE COMPANY, a California corporation (the"Company") insures,as of Date of Policy and,to the extent stated in Covered Risks 9 and 10,after Date of Policy,against loss or damage,not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: L Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery,fraud,undue influence,duress,incompetency,incapacity,or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified,expired,or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law;or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term"encroachment"includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3.Unmarketable Title. COVERED RISKS Continued on next page IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of the Date of Policy shown in Schedule A, WESTCOR LAND TITLE INSURANCE COMPANY Issued By: Unified Title Company of Northern Colorado,LLC —, p A 0. By: / r V a t0�}v /1� Lai 1.44tg silent p a °Lss.Jm Attest: u«��� rruu•' Secretary 4.No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance,permit, or governmental regulation(including those relating to building and zoning)restricting,regulating,prohibiting,or relating to (a) the occupancy,use,or enjoyment of the Land; (b) the character,dimensions,or location of any improvement erected on the Land; (c) the subdivision of land;or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice, 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action,describing any part of the Land, is recorded in the Public Records,but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise,describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9.Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy,state insolvency,or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely,or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs,attorneys' fees,and expenses incurred in defense of any matter insured against by this Policy,but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the (b) not Known to the Company, not recorded in the Public coverage of this policy, and the Company will not pay loss or Records at Date of Policy, but Known to the Insured damage, costs, attorneys' fees,or expenses that arise by reason Claimant and not disclosed in writing to the Company of: by the Insured Claimant prior to the date the Insured 1. (a) Any law, ordinance, permit, or governmental regulation Claimant became an Insured under this policy; (including those relating to building and zoning) (c) resulting in no loss or damage to the Insured Claimant; restricting,regulating,prohibiting,or relating to (d) attaching or created subsequent to Date of Policy (i) the occupancy,use,or enjoyment of the Land; (however, this does not modify or limit the coverage (ii) the character, dimensions, or location of any provided under Covered Risk 9 and 10);or improvement erected on the Land; (e) resulting in loss or damage that would not have been (iii) the subdivision of land;or sustained if the Insured Claimant had paid value for the Title. (iv) environmental protection; or the effect of any violation of these laws, ordinances, or 4.Any claim,by reason of the operation of federal bankruptcy, governmental regulations. This Exclusion 1(a) state insolvency, or similar creditors' rights laws, that the does not modify or limit the coverage provided transaction vesting the Title as shown in Schedule A,is under Covered Risk 5. (a) a fraudulent conveyance or fraudulent transfer;or (b) Any governmental police power. This Exclusion 1(b) (b) a preferential transfer for any reason not stated in does not modify or limit the coverage provided under Covered Risk 9 of this policy. Covered Risk 6. 5. Any lien on the Title for real estate taxes or assessments 2. Rights of eminent domain. This Exclusion does not modify imposed by governmental authority and created or or limit the coverage provided under Covered Risk 7 or 8. attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public 3. Defects, liens, encumbrances, adverse claims, or other mat- Records that vests Title as shown in Schedule A. ters (a) created, suffered, assumed, or agreed to by the Insured Claimant; CONDITIONS 1.DEFINITION OF TERMS value and without Knowledge. With respect to Covered The following terms when used in this policy mean: Risk 5(d), "Public Records" shall also include (a)"Amount of Insurance": The amount stated in Schedule A, environmental protection liens filed in the records of the as may be increased or decreased by endorsement to this clerk of the United States District Court for the district policy, increased by Section 8(b), or decreased by where the Land is located. Sections 10 and I 1 of these Conditions. (j) "Title": The estate or interest described in Schedule A. (b) "Date of Policy": The date designated as"Date of Policy" (k) "Unmarketable Title": Title affected by an alleged or in Schedule A. apparent matter that would permit a prospective purchaser (c)"Entity": A corporation,partnership,trust, limited liability or lessee of the Title or lender on the Title to be released company,or other similar legal entity. from the obligation to purchase, lease, or lend if there is a (d) "Insured": The Insured named in Schedule contractual condition requiring the delivery of marketable A. (i)The term"Insured"also includes title. (A) successors to the Title of the Insured by operation 2. CONTINUATION OF INSURANCE of law as distinguished from purchase, including The coverage of this policy shall continue in force as of Date heirs, devisees, survivors, personal of Policy in favor of an Insured, but only so long as the representatives,or next of kin; Insured retains an estate or interest in the Land, or holds an (B) successors to an Insured by dissolution, merger, obligation secured by a purchase money Mortgage given by a consolidation, distribution,or reorganization; purchaser from the Insured, or only so long as the Insured (C) successors to an Insured by its conversion to shall have liability by reason of warranties in any transfer or another kind of Entity; conveyance of the Title. This policy shall not continue in (D) a grantee of an Insured under a deed delivered force in favor of any purchaser from the Insured of either (i) without payment of actual valuable consideration an estate or interest in the Land, or(ii) an obligation secured conveying the Title by a purchase money Mortgage given to the Insured. (I) if the stock, shares, memberships, or other equity interests of the grantee are wholly- 3. NOTICE OF CLAIM TO BE GIVEN BY owned by the named Insured, INSURED CLAIMANT (2) if the grantee wholly owns the named Insured, The Insured shall notify the Company promptly in writing (i) (3) if the grantee is wholly-owned by an affiliated in case of any litigation as set forth in Section 5(a) of these Entity of the named Insured, provided the Conditions, (ii) in case Knowledge shall come to an Insured affiliated Entity and the named Insured are hereunder of any claim of title or interest that is adverse to the both wholly-owned by the same person or Title, as insured, and that might cause loss or damage for Entity,or which the Company may be liable by virtue of this policy, or (4) if the grantee is a trustee or beneficiary of a (iii) if the Title, as insured, is rejected as Unmarketable Title. trust created by a written instrument If the Company is prejudiced by the failure of the Insured established by the Insured named in Schedule Claimant to provide prompt notice,the Company's liability to A for estate planning purposes. the Insured Claimant under the policy shall be reduced to the (ii) With regard to (A), (B), (C), and (D) reserving, extent of the prejudice. however, all rights and defenses as to any successor that the Company would have had against any 4. PROOF OF LOSS predecessor Insured. In the event the Company is unable to determine the amount (e)"Insured Claimant": An Insured claiming loss or damage. of loss or damage,the Company may, at its option,require as (f) "Knowledge" or "Known": Actual knowledge, not a condition of payment that the Insured Claimant furnish a constructive knowledge or notice that may be imputed to signed proof of loss. The proof of loss must describe the an Insured by reason of the Public Records or any other defect, lien, encumbrance, or other matter insured against by records that impart constructive notice of matters affecting this policy that constitutes the basis of loss or damage and the Title. shall state, to the extent possible, the basis of calculating the (g)"Land" The land described in Schedule A, and affixed amount of the loss or damage. improvements that by law constitute real property. The term "Land" does not include any property beyond the 5. DEFENSE AND PROSECUTION OF ACTIONS lines of the area described in Schedule A, nor any right, (a) Upon written request by the Insured, and subject to the title, interest, estate, or easement in abutting streets,roads, options contained in Section 7 of these Conditions, the avenues, alleys, lanes, ways, or waterways, but this does Company, at its own cost and without unreasonable not modify or limit the extent that a right of access to and delay, shall provide for the defense of an Insured in from the Land is insured by this policy. litigation in which any third party asserts a claim (h) "Mortgage": Mortgage, deed of trust, trust deed, or other covered by this policy adverse to the Insured. This security instrument, including one evidenced by electronic obligation is limited to only those stated causes of means authorized by law. action alleging matters insured against by this policy. (i) "Public Records": Records established under state statutes The Company shall have the right to select counsel of at Date of Policy for the purpose of imparting constructive its choice (subject to the right of the Insured to object notice of matters relating to real property to purchasers for for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for administration of the claim.Failure of the Insured Claimant and will not pay the fees of any other counsel. The to submit for examination under oath, produce any Company will not pay any fees, costs, or expenses reasonably requested information, or grant permission to incurred by the Insured in the defense of those causes of secure reasonably necessary information from third parties action that allege matters not insured against by this as required in this subsection, unless prohibited by law or governmental regulation,shall terminate any liability of the policy. Company under this policy as to that claim. (b) The Company shall have the right, in addition to the 7, OPTIONS TO PAY OR OTHERWISE SETTLE options contained in Section 7 of these Conditions,at its CLAIMS; TERMINATION OF LIABILITY own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may In case of a claim under this policy, the Company shall have be necessary or desirable to establish the Title, as the following additional options: insured, or to prevent or reduce loss or damage to the (a)To Pay or Tender Payment of the Amount of Insurance. Insured. The Company may take any appropriate action To pay or tender payment of the Amount of Insurance under under the terms of this policy, whether or not it shall be this policy together with any costs, attorneys' fees, and liable to the Insured. The exercise of these rights shall expenses incurred by the Insured Claimant that were not be an admission of liability or waiver of any authorized by the Company up to the time of payment or provision of this policy. If the Company exercises its tender of payment and that the Company is obligated to pay. rights under this subsection,it must do so diligently. Upon the exercise by the Company of this option, all liability (c) Whenever the Company brings an action or asserts a and obligations of the Company to the Insured under this defense as required or permitted by this policy, the policy, other than to make the payment required in this Company may pursue the litigation to a final subsection, shall terminate, including any liability or determination by a court of competent jurisdiction,and it obligation to defend,prosecute,or continue any litigation. expressly reserves the right, in its sole discretion, to (b) To Pay or Otherwise Settle With Parties Other Than the appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE Insured or With the Insured Claimant. (a) In all cases where this policy permits or requires the (i)To pay or otherwise settle with other parties for or in the Company to prosecute or provide for the defense of any name of an Insured Claimant any claim insured against action or proceeding and any appeals, the Insured shall under this policy. In addition, the Company will pay secure to the Company the right to so prosecute or provide any costs, attorneys' fees, and expenses incurred by the defense in the action or proceeding, including the right to Insured Claimant that were authorized by the Company use, at its option, the name of the Insured for this purpose. up to the time of payment and that the Company is Whenever requested by the Company, the Insured, at the obligated to pay; or Company's expense, shall give the Company all reasonable (ii) To pay or otherwise settle with the Insured Claimant aid (i) in securing evidence, obtaining witnesses, the loss or damage provided for under this policy, prosecuting or defending the action or proceeding, or together with any costs, attorneys' fees, and expenses effecting settlement, and(ii) in any other lawful act that in incurred by the Insured Claimant that were authorized the opinion of the Company may be necessary or desirable by the Company up to the time of payment and that the to establish the Title or any other matter as insured. If the Company is obligated to pay. Company is prejudiced by the failure of the Insured to Upon the exercise by the Company of either of the options furnish the required cooperation, the Company's provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under the policy shall terminate, obligations to the Insured under this policy for the claimed loss including any liability or obligation to defend, prosecute, or damage, other than the payments required to be made, shall or continue any litigation, with regard to the matter or terminate, including any liability or obligation to defend, matters requiring such cooperation. prosecute,or continue any litigation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any 8.DETERMINATION AND EXTENT OF LIABILITY authorized representative of the Company and to produce This policy is a contract of indemnity against actual monetary for examination, inspection, and copying, at such loss or damage sustained or incurred by the Insured Claimant reasonable times and places as may be designated by the who has suffered loss or damage by reason of matters insured authorized representative of the Company, all records, in against by this policy. whatever medium maintained, including books, ledgers, (a) The extent of liability of the Company for loss or damage checks, memoranda, correspondence, reports, e-mails, under this policy shall not exceed the lesser of disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or (t) the Amount of Insurance;or damage. Further, if requested by any authorized (ii) the difference between the value of the Title as insured representative of the Company, the Insured Claimant shall and the value of the Title subject to the risk insured grant its permission, in writing, for any authorized against by this policy. representative of the Company to examine, inspect, and (b) If the Company pursues its rights under Section 5 of these copy all of these records in the custody or control of a third Conditions and is unsuccessful in establishing the Title, as party that reasonably pertain to the loss or damage. All insured, information designated as confidential by the Insured (i) the Amount of Insurance shall be increased by 10%, Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable and judgment of the Company, it is necessary in the (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the loss of the Insured Claimant, the Company shall defer the claim was made by the Insured Claimant or as of the exercise of its right to recover until after the Insured Claimant date it is settled and paid. shall have recovered its loss. (c) In addition to the extent of liability under (a) and (b), the (b) The Company's right of subrogation includes the rights of Company will also pay those costs, attorneys' fees, and the Insured to indemnities, guaranties, other policies of expenses incurred in accordance with Sections 5 and 7 of insurance, or bonds, notwithstanding any terms or these Conditions. conditions contained in those instruments that address subrogation rights. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the 14.ARBITRATION alleged defect, lien, or encumbrance, or cures the lack of a Either the Company or the Insured may demand that the claim right of access to or from the Land, or cures the claim of or controversy shall be submitted to arbitration pursuant to the Unmarketable Title,all as insured,in a reasonably diligent Title Insurance Arbitration Rules of the American Land Title manner by any method, including litigation and the Association ("Rules"). Except as provided in the Rules, there completion of any appeals, it shall have fully performed its shall be no joinder or consolidation with claims or obligations with respect to that matter and shall not be controversies of other persons.Arbitrable matters may include, liable for any loss or damage caused to the Insured. but are not limited to, any controversy or claim between the (b) In the event of any litigation, including litigation by the Company and the Insured arising out of or relating to this Company or with the Company's consent, the Company policy, any service in connection with its issuance or the shall have no liability for loss or damage until there has breach of a policy provision, or to any other controversy or been a final determination by a court of competent claim arising out of the transaction giving rise to this policy. jurisdiction, and disposition of all appeals, adverse to the All arbitrable matters when the Amount of Insurance is Title,as insured. $2,000,000 or less shall be arbitrated at the option of either the (c) The Company shall not be liable for loss or damage to the Company or the Insured. All arbitrable matters when the Insured for liability voluntarily assumed by the Insured in Amount of Insurance is in excess of $2,000,000 shall be settling any claim or suit without the prior written consent arbitrated only when agreed to by both the Company and the of the Company. Insured. Arbitration pursuant to this policy and under the 10. REDUCTION OF INSURANCE; REDUCTION Rules shall be binding upon the parties. Judgment upon the OR TERMINATION OF LIABILITY award rendered by the Arbitrator(s) may be entered in any All payments under this policy, except payments made for court of competent jurisdiction. costs, attorneys' fees, and expenses, shall reduce the Amount 15. LIABILITY LIMITED TO THIS POLICY; of Insurance by the amount of the payment. POLICY ENTIRE CONTRACT 11.LIABILITY NONCUMULATIVE (a) This policy together with all endorsements,if any, attached The Amount of Insurance shall be reduced by any amount the to it by the Company is the entire policy and contract Company pays under any policy insuring a Mortgage to which between the Insured and the Company. In interpreting any exception is taken in Schedule B or to which the Insured has provision of this policy, this policy shall be construed as a agreed, assumed, or taken subject, or which is executed by an whole. Insured after Date of Policy and which is a charge or lien on (b) Any claim of loss or damage that arises out of the status of the Title,and the amount so paid shall be deemed a payment to the Title or by any action asserting such claim shall be the Insured under this policy. restricted to this policy. (c) Any amendment of or endorsement to this policy must be 12.PAYMENT OF LOSS in writing and authenticated by an authorized person, or When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made payment shall be made within 30 days. a part of this policy and is subject to all of its terms and 13. RIGHTS OF RECOVERY UPON PAYMENT provisions. Except as the endorsement expressly states, it OR SETTLEMENT does not (i) modify any of the terms and provisions of the (a) Whenever the Company shall have settled and paid a claim policy, (ii) modify any prior endorsement, (iii) extend the under this policy, it shall be subrogated and entitled to the Date of Policy,or(iv)increase the Amount of Insurance. rights of the Insured Claimant in the Title and all other 16.SEVERABILITY rights and remedies in respect to the claim that the Insured In the event any provision of this policy, in whole or in part, is Claimant has against any person or property, to the extent held invalid or unenforceable under applicable law, the policy of the amount of any loss, costs, attorneys' fees, and shall be deemed not to include that provision or such part held expenses paid by the Company. If requested by the to be invalid,but all other provisions shall remain in full force Company,the Insured Claimant shall execute documents to and effect. evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company 17.CHOICE OF LAW;FORUM to sue, compromise, or settle in the name of the Insured (a) Choice of Law: The Insured acknowledges the Company Claimant and to use the name of the Insured Claimant in has underwritten the risks covered by this policy and any transaction or litigation involving these rights and determined the premium charged therefor in reliance upon remedies. the law affecting interests in real property and applicable to If a payment on account of a claim does not fully cover the the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b)Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18.NOTICES,WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at: Westcor Land Title Insurance Company, Attn.: Claims, 875 Concourse Parkway South,Suite 200, Maitland,Florida 32751. OWNER'S POLICY OF TITLE INSURANCE Issued by Westcor Land Title Insurance Company SCHEDULE A Name and Address of Title Insurance Company; WESTCOR LAND TITLE INSURANCE COMPANY 2000 S.Colorado Blvd. #1-3100,Denver,Colorado 80222 File No.: 7684UTG Pol icy No.: OP-63700188 Address Reference: 1020 9th Avenue,Greeley,CO 80631 Amount of Insurance: $175,000.00 Date of Policy: February 10,2015 at the exact time of recording. 1. Name of Insured: Weld County Colorado 2. The estate or interest in the Land that is insured by this policy is: Fee Simple 3. Title is vested in: Weld County Colorado 4. The Land referred to in this policy is described as follows: The North 50 feet of Lots 9 and 10,and the West 20 feet of the North 50 feet of Lot 11,Block 77,in the City of Greeley,County of Weld,State of Colorado. Countersigned Unified Title Company of Northern Colorado, LLC By Y� va., Authorized Officer or Agent Note: This policy consists of insert pages labeled Schedule A and B.This policy is of no force and effect unless all pages are included along with any added pages incorporated by reference. ALTA Owner's Policy(6-17-06) Page I Schedule A OWNER'S POLICY OF TITLE INSURANCE Issued by Westcor Land Title Insurance Company SCHEDULE B File No.: 7684UTG Policy No.: OP-63700188 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage,and the Company will not pay costs,attorneys'fees,or expenses that arise by reason of: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements or claims of casements 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 land would disclose,and which are not shown by the public record. 4. Any lien,or right to a lien,for services,labor or material heretofore or hereafter furnished,imposed by law and not shown by the public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof. 6. Any water rights or claims or title to water,in or under the land,whether or not shown by the public records. 7. Any taxes and assessments for the year 2015,and subsequent years,a lien not yet due and payable. 8. Oil and gas lease between Naranjo Investments LLC and Mineral Resources,Inc.recorded October 15,2014 at Reception No.4054037,and any interests therein or rights thereunder. Note:This policy consists of insert pages labeled Schedule A and B.This policy is of no force and effect unless all pages are included along with any added pages incorporated by reference. ALTA Owner's Polley(6-17-06) Page 2 Schedule B Anti-Fraud Statement NOTE: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. This anti-fraud statement is affixed to and made a part of this policy. Form 110.1 Deletion of Item From Policy ENDORSEMENT File No: 7684UTG Attached to Policy No. OP-63700188 Issued by WESTCOR LAND TITLE INSURANCE COMPANY The Policy is hereby amended by deleting paragraphs 1, 2, 3 and 4 of Schedule B. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. /, Dated: February 10,2015 ,215?.."" .r .'-,_�.. By: Authorized Officer or Agent RESOLUTION RE: APPROVE PURCHASERS SETTLEMENT STATEMENT (1020 9TH AVENUE) AND AUTHORIZE CHAIR AND/OR CHAIR PRO-TEM TO SIGN ALL NECESSARY DOCUMENTS - NARANJO INVESTMENTS, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Purchasers Settlement Statement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Naranjo Investments, LLC, 1863 2nd Avenue, Greeley, Colorado 80631, for real estate, being more particularly described as follows: 1020 9th Avenue, Greeley, Colorado 80631, being further described as: Lot 9, Block 77, City of Greeley, County of Weld, State of Colorado WHEREAS, after review, the Board deems it advisable to approve said Purchasers Settlement Statement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Purchasers Settlement Statement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Naranjo Investments, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair and/or Chair Pro-Tem be, and hereby are, authorized to sign any necessary documents to complete the closing for said purchase. 2015-0492 PR0034 PURCHASERS SETTLEMENT STATEMENT (1020 9TH AVENUE) - NARANJO INVESTMENTS, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of February, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: thrif44) �L jC/so;ok. EXCUSED Barbara Kirkmeyer, Chair Weld County Clerk to the Board Mike Freeman, Pro-Tern D p y Clerk to the oard Or L Sean P Conway APPROVED AS TO FOR u ` V 147 k.}D,' ��- lw --)\ 1/42 ulie A. Cozad • � /ecniz-. -v— County Attorney c2 n ' Steve Moreno Date of signature: 2015-0492 PR0034 Unified Title Company of Northern Colorado, LLC 3690 West 10th Street,2nd Floor Greeley,CO 80634 PHONE: 970-356-3551 FAX: 970-356-2063 PURCHASERS SETTLEMENT STATEMENT CASE NO.: 7684UTG SETTLEMENT DATE: February 9,2015 DATE OF PRORATION: February 9,2015 PROPERTY ADDRESS: 1020 9th Avenue Greeley,CO 80631 SELLER: Naranjo Investments,LLC,a Colorado PURCHASER: Weld County Colorado limited liability company LEGAL DESCRIPTION: Lot 9,Block 77,Greeley City,County of Weld,State of Colorado. DESCRIPTION DEBIT CREDIT County Property Taxes 1/1/2015 thru 2/8/2015 $359.43 Contract Sales Price $175,000.00 Settlement or closing fee to Unified Title Co. of Northern Colorado(Greeley) $160.00 110.1 Deleting Excep End(C-L) to Unified Title Co.of Northern Colorado (Greeley) $200.00 Tax Certificate to Unified Title Co.of Northern Colorado(Greeley) $25.00 Recording Fees to Weld County Clerk And Recorder $16.00 State tax/stamps to eTRCO,LLC $17.50 Rent at$600 per month Febr,2015 $428.57 Sub-totals $174,989.93 $359.43 Balance Due From Purchaser $174,630.50 TOTALS $174,989.93 $174,989.93 APPROVED AND ACCEPTED Sales or use taxes on personal property not included UNIFIED TITLE COMPANY OF NORTHERN COLORADO,LLC assumes no responsibility for the adjustment of special taxes or assessments unless they are shown on the Treasurer's Certificate of Taxes Due. The condition of title to the property is to be determined by reference to the title evidence provided by Seller or by personal investigation. The above statement of settlement is approved as of the settlement date shown above and Escrow Holder is hereby authorized to disburse as Trustee funds as indicated. Purchaser V� ler Management Group Weld County Colorado Broker/A t m Vetting . Barbara Kirkmeye Chair Board of County Commissioners,Weld County,Colorado Closing Agent Unified Title Company of Northern Colorado,LLC L ® ci ISE ® (:CI.I PEALTOR•A AOfl G GR up oe.. 1130 38th Ave.,Suite B•Greeley,CO 80634 1130 38th Ave.,Suite B•Greeley,CO 80634 Greeley 970.352.5860 Ron L.Randel,CCIM Denver 303.892.1518 Greeley 970.352.5860 Cell 970.590.6222 Denver 303.892.1518 Broker AssociateVe tting, James email:ron@wheelenngt.com Fax 970.352.0117 CCIM Cell 970.381.3001 Employing Broker Fax 970.352.0117 Colorado/New Mexico Broker www.wheelermgt.com jveaing@wheelemtgJ.com www.wheelermgt.com 2015-0492 The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission.(CL8-9-12)(Mandatory 1-13) THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. CLOSING INSTRUCTIONS DATE: February 9.2015 1. PARTIES, PROPERTY. Naranjo Investments, LLC, a Colorado limited liability company, Seller, and Weld County Colorado,Buyer,engage Unified Title Company of Northern Colorado,LLC,Closing Company,who agrees to provide closing and settlement services in connection with the Closing of the transaction for the sale and purchase of the property known as No.: 1020 9th Avenue.Greeley,CO 80631 And more fully described in the Contract to Buy and Sell Real Estate datedDecember 18,2014,including any counterproposals and amendments(Contract). All terms of the Contract are incorporated herein by reference. In the event of any conflict between this Agreement and the Contract,this Agreement shall control,subject to subsequent amendments to the Contract or this Agreement. 2. TITLE COMMITMENT,EXCEPTIONS AND POLICY. Closing Company (X)Agrees that upon completion of a satisfactory title search and examination, it will furnish a Title Insurance Commitment;and it will issue a Title Insurance Policy provided that all requirements have been fulfilled. Closing Company (X)Agrees to furnish copies of Exceptions. 3. INFORMATION,PREPARATION,CLOSING,RECORDING.Closing Company is authorized to obtain any information necessary for the Closing. Closing Company agrees to prepare(excluding legal documents),deliver and record all documents required or customarily recorded,and disburse all funds pursuant to the Contract that are necessary to carry out the terms and conditions of the Contract. 4. CLOSING FEE. Closing Company will receive a fee of$190.00 for providing closing and settlement services (Closing Fee). 5. RELEASE,DISBURSEMENT. Closing Company is not authorized to release any signed documents or things of value prior to receipt and disbursement of Good Funds,except as provided in §§9, 10 and 11. ' 6. DISBURSER. Closing Company shall disburse all funds, including real estate commissions,except those funds as may be separately disclosed in writing to Buyer and Seller by Closing Company or Buyer's lender on or before closing. All parties agree that no one other than the disburser can assure that payoff of loans and other disbursements will actually be made. 7. SELLER'S NET PROCEEDS. Seller will receive the net proceeds of closing as indicated: ( )Cashier's Check,at Seller's expense ( )Funds Electronically transferred(wire transfer)to an account specified by Seller, at Seller's expense (X)Closing Company's Trust Account Check 8. CLOSING STATEMENT. Closing Company will prepare and deliver an accurate, complete and detailed closing statement to Buyer and Seller at time of Closing. 9. FAILURE OF CLOSING. If closing or disbursement does not occur on or before Closing Date set forth in the Contract,Closing Company,except as provided herein,is authorized and agrees to return all documents,monies,and things of value to the depositing party, upon which Closing Company will be relieved from any further duty, responsibility or liability in connection with these Closing Instructions. In addition, any promissory note, deed of trust or other evidence of indebtedness signed by Buyer will be voided by Closing Company, with the originals returned to Buyer and a copy to Buyer's lender. 10. RETURN OF EARNEST MONEY. Except as otherwise provided in § 11, Earnest Money Dispute, if the Earnest Money has not already been returned following receipt of a Notice to Terminate or other written notice of termination, Earnest Money Holder shall release the Eamest Money as directed by the written mutual instructions. Such release of Earnest Money shall be made within five days of Earnest Money Holder's receipt of the written mutual instructions signed by both Buyer and Seller,provided the Earnest Money check has cleared. 11. EARNEST MONEY DISPUTE. In the event of any controversy regarding the Earnest Money(notwithstanding any termination of the Contract),Earnest Money Holder shall not be required to take any action. Earnest Money Holder, at its option and sole discretion, has several options: (1) await any proceeding, (2) interplead all parties and deposit Earnest Money into a court of competent jurisdiction and shall recover court costs and reasonable attorney and legal fees, or (3) provide notice to Buyer and Seller that unless Earnest Money Holder receives a copy of the Summons and Complaint or Claim (between Buyer and Seller) containing the case number of the lawsuit(Lawsuit)within one hundred twenty days of Earnest Money Holder's notice to the parties, Earnest Money Holder shall be authorized to return the Earnest Money to Buyer. In the event Earnest Money Holder does receive a copy of the Lawsuit,and has not interpled the monies at the time of any Order,Earnest Money Holder shall disburse the Earnest Money pursuant to the Order of the Court. 12. SUBSEQUENT AMENDMENTS. Any amendments to, or termination of, these Closing Instructions must be in writing and signed by Buyer, Seller and Closing Company. 13. CHANGE IN OWNERSHIP OF WATER WELL. Within sixty days after Closing, Closing Company shall submit any required Change in Ownership form or registration of existing well form to the Division of Water Resources in the Department of Natural Resources(Division),with as much information as is available and the Division shall be responsible for obtaining the necessary well registration information directly from Buyer. Closing Company shall not be liable for delaying Closing to ensure Buyer completes any required form. 14. WITHHOLDING. The Internal Revenue Service and the Colorado Department of Revenue may require Closing Company to withhold a substantial portion of the proceeds of this sale when Seller is either of the following: (a) a foreign person, or (b) will not be a Colorado resident after Closing. Seller should inquire of Seller's tax advisor to determine if withholding applies or if an exemption exists. 15. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate Commission.):NONE 16. COUNTERPARTS. This document may be executed by each party,separately,and when each party has executed a copy,such copies taken together shall be deemed to be a full and complete contract between the parties. 17. BROKER'S COPIES. Closing Company shall provide, to each broker in this transaction, copies of all signed documents that such brokers are required to maintain pursuant to the rules of the Colorado Real Estate Commission. CLS-9-12 CLOSING INSTRUCTIONS Page 1 of 2 18.NOTICE,DELIVERY,CHOICE OF LAW. 18.1 Physical Delivery. Except as provided in § 18.2,all notices must be in writing.Any notice or document to Buyer is effective when physically received by Buyer,any individual buyer,any representative of Buyer,or Brokerage Firm of Broker working with Buyer. Any notice or document to Seller shall be effective when physically received by Seller, any individual seller, any representative of Seller, or Brokerage Firm of Broker working with the Seller. Any notice or document to Closing Company shall be effective when physically received by Closing Company, any individual of Closing Company,or any representative of Closing Company 18.2 Electronic Delivery. As an alternative to physical delivery, any signed documents and written notice may be delivered in electronic form by the following indicated methods only: . Documents with original signatures shall be provided upon request of any party. 18.3 Choice of Law. This contract and all disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in this state for property located in Colorado. Date: 02/09/2015 Buyer's Name: Buyer's Name: Weld County Colorado /A/C, &baraKirk4C &Y Board of County Commissioners,Weld County,Colorado Address: 1150 O Street Address: Greeley.CO 80631 Phone: Phone: (9701336-7204 Fax: Fax: Email Address: ttaylor@co.weld.co.us Date: 02/09/2015 Seller's Name: Seller's Name: Naranjo Investments,LLC,a Colorado limited liability company w �, By:Jerry ran ,Manag6 erman Naranj ,Manag Address: 1863 2nd Avenue Address: Greeley.CO 80631 Phone: Phone: Fax: Fax: Email Address: jerryQnaranjocivil.com Closin C ny's N e:Unified Title C mpa of Northern Colorado.LLC t. / Authori 'd Signature,Title Date: 02/09/2015 Address: 3690 West 10th Street.2nd Floor.Greeley,CO 80634 Phone No.: 970-356-3551 Fax No.: 970-356-2063 Email Address bcoonrod(lZunifiedtitle.com (TO BE COMPLETED ONLY BY BROKER AND CLOSING COMPANY) Wheeler Management Group.(Broker)(X)Working with Seller ( )Working with Buyer engages Closing Company as Broker's scrivener to complete,for a fee not to exceed$5.00 at the sole expense of Broker,the following legal documents (X) Deed (X) Bill of Sale ( ) Colorado Real Estate Commission approved Promissory Note ( ) Colorado Real Estate Commission approved Deed of Trust. Closing Company agrees to prepare, on behalf of Broker, the indicated legal documents pursuant to the terms and conditions of the Contract. The documents stated above shall be subject to Broker's review and approval and Broker acknowledges that Broker is responsible for the accuracy of the above documents. Listing Brokerage Firm's Name: Wheeler Management Group Broker's Name: n Randel Broker's Signature Date:02/09/2015 Closing C ny's Nam, nifi Ti 1 man of N tliern olorado LLC Barb C onrod,Escrow Officer Date:02/09/2015 Unified Title Company of Northern Colorado,LLC 3690 West 10th Street,2nd Floor,Greeley,CO 80634 Phone: 970-356-3551 Fax:970-356-2063 REAL ESTATE TAX,WATER,ASSESSMENT,AND HOA AGREEMENT Date: 02/09/2015 File No.: 7684UTG Property: 1020 9th Avenue,Greeley,CO 80631 I. TAXES:The basis of the tax proration is as follows: ()The previous year's taxes in the amount of (X)An estimate of taxes for the current year: O Total assessed value: O Mill Levy O Total Estimated Taxes:$3.363.94 ()Other SUCH PRORATION SHALL BE CONSIDERED A FINAL SETTLEMENT UNLESS OTHERWISE AGREED IN WRITING BY BUYER AND SELLER. IF THE PRORATION IS NOT FINAL SETTLEMENT, THE BUYER(S) AND SELLER(S) HEREBY AGREE THAT THEY ASSUME FULL RESPONSIBILITY FOR PURSUING AND EFFECTING THE ADJUSTMENT, AND Unified Title Company of Northern Colorado,LLC SHALL HAVE NO RESPONSIBILITY IN REGARD THERETO. The above figures were obtained by telephone from the County Treasurer's and/or Assessor's office. UNIFIED TITLE COMPANY OF NORTHERN COLORADO, LLC is released from any and all liability in the event the County misquoted the assessment and/or mill levy figures. Any further adjustments shall be made solely between the Buyer(s) and Seller(s), if necessary, and will not make or be responsible for this re- adjustment or any liability connection therewith. UNIFIED TITLE COMPANY OF NORTHERN COLORADO,LLC assumes no responsibility for pursuing and effectuating any readjustments and is released from any and all responsibility for said readjustments. UNIFIED TITLE COMPANY OF NORTHERN COLORADO,LLC assumes no responsibility for the adjustment of special assessments,taxes,or for the exception of said items in the conveyance, unless they are shown on the County Treasurer's Certificate of Taxes Due. Seller(s) hereby warrants that special assessments affecting subject property, including but not limited to Homeowner's Association dues or assessments,are paid in full,except as reflected on the statement of settlement. II. WATER / SEWER: The Seller (s) and Buyer(s) of the property fully understand that the Telephone Company, Gas Company, Electric Company,and the present Hazard Insurance Agency WILL NOT BE NOTIFIED BY THE ESCROW AGENT. PER VERBAL INFORMATION FROM: ()Escrow Agent has withheld from the seller's proceeds to pay the final billing for any water and/or sewer charges.Funds withheld in excess of the amount due on the final statement shall be returned to the seller.In the event the final bill exceeds the escrowed amount,any additional charges are the responsibility of the seller and/or buyer. ()Water and sewer is paid in the HOA dues. ( )Escrow Agent has not prorated for water and sewer.Any adjustments required will be made between buyer(s)and seller(s)and are not a part of the closing. III. HOMEOWNER'S/CONDOMINIUM ASSOCIATION: (X)Not Applicable ()The homeowner's or condominium association has provided verbal or written information to the Escrow Agent,and has indicated that for the current assessable period,the assessment of ()has()has not been paid: The assessment()has()has not been prorated between the buyer(s)and seller(s). If applicable,any working capital/transfer fees/statement fees have also been collected per the HOA statement and purchase contract. Buyer(s) and seller(s) have reviewed the above referenced HOA information and hereby agree that it represents a complete and accurate list of associations / sub associations for the above referenced property. Unified Title Company of Northern Colorado, LLC is hereby released of any liability with regard to any associations/sub associations not listed above. CLOSING DATE: February 9,2015 Naranjo Investments,LLC,a Colorado limited liability company Weld County Colorado Z•lt1 By:Jerr arjo Meager y:Barbara Kirkm yer,Chair Board of County Commissioners,Weld County,Colorado 6404.Herman Nara a �2�� — Seller(s)Forwarding Address: Buyer(s)Forwarding Address: Certificate Of Taxes Due Account Number R2826086 Certificate Number 103882 Parcel 096105335004 Order Number Assessed To Vendor ID 91 NARANJO INVESTMENTS LLC UNIFIED TITLE GREELEY 1863 2ND AVE 3690 W 10TH ST 2ND FLOOR GREELEY,CO 80631-5901 GREELEY,CO 80634 Legal Description &tus Address GR 5221 N50'L9-10&W20'N50'LI I BLK77 1020 9 AV GREELEY 000000000 Year Tare lutenist Fees Payments Balame Tai Charge 2014 - $3,363.94 - $0.00 $0.00 $0.00 $3,363.94 Total Tax Charge $3,363.94 Gland Tom!Dae as of 01/27/2015 $3963.94 Tax Billed at 2014 Rates for Tax Area 2689-2689 Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 15.8000000* $659.81 OFFICES-LAND $21,000 $6,090 SCHOOL DIST N6 37.8800000 $1,581.87 OFFICES- $123,000 $35,670 NORTHERN COLORADO WATER(NC 1.0000000 $41.76 IMPROVEMENTS GREELEY CITY 11.2740000 $470.80 Total $144,000 $41,760 AIMS JUNIOR COLLEGE 6.3330000 $264.47 DOWNTOWN DEVELOPMENT AUTHOR 5.0000000 $208.80 HIGH PLAINS LIBRARY 3.2670000 $136.43 Taxes Billed 2014 80.5540000 $3,363.94 *Credit Levy WARNING-THIS TAX CERTIFICATE DOES NOT WARRANT ANY TAXES OWED ON UNDERLYING ACCOUNTS OR PARENT OR CHILD ACCOUNTS. ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-SEPTEMBER 1,REAL PROPERTY- SEPTEMBER 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISIONERS, THE COUNTY CLERK,OR THE COUNTY ASSESSOR. This certificate does not include land or Improvements assessed under a separate account number,personal property taxes,transfer tax or misc.tax collected on behalf of other entities,special or local improvement district assessments or mobile homes,unless specifically mentioned. I,the undersigned,do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof,I have hereunto set my hand and seal. /J TREASURER,WELD COUNTY,John R.Lefebvre,Jr. et 1400 N.17th Avenue l( Greeley,CO 80631 Jan 27, 2015 10:32:27 AM Page 1 of 1 Aksamitowski, Beth From: Yesenia Padilla <Yesenia.Padilla@Greeleygov.com> on behalf of utility Billing <utility.Billing@Greeleygov.com> Sent: Thursday, February 05,2015 12:53 PM To: Aksamitowski, Beth Subject: RE: Final Water Greeley- 1020 9th Avenue Attachments: transfer of ownership.doc Unified Title Company 3690 W. 10th Street Greeley, Co 80634 PHONE#970-356-3551& FAX#970-356-2063 FINAL WATER REQUEST Property Address: 1020 9th Avenue Seller: Naranjo Investments Purchaser: Weld County Colorado Billing Address (If other than Property Address) Meter Reading Date: February 05,2015 Closing Date: February 9, 2015 Contact: Beth Aksamitowski (beth@unifiedtitle.com) Send Request to: utilitv.billing@greelevgov.com "If this property is a non-residential property, and was developed after 1988, it may be subject to the raw water surcharge as stated in Paragraph C, Section 14.24.100,of the Greeley Municipal Code. The raw water surcharge, if applicable,will be calculated for a calendar year and billed in the following year for any water consumption that is in excess of the annual allotment for the property." Account#:004-783668-01 Amount Due: $34.46 Billing Clerk:Yesenia 1 City of/ \% G reeleydo Great.From the Ground Up. Utility Billing Department Title Co.: Unified Title Company utility.billingl7a,greeleygov.com Contact Name: Barb Coonrod Phone: (970) 350-9260 Email: bcoonrod@unifiedtitle.com Fax: (970) 350-9736 Phone: 970-356-3551 Service Address: 1020 9`n Avenue TRANSFER OF OWNERSHIP ***Completed Document Must Be Emailed or Faxed Immediately After Closing*** Seller Information Name(s): Naranjo Investments_ Forwarding Address: l9 5 2"--° AJE Phone: (910> 590 • 95y0 Gacc.E1. Co Signature(s): t j Buyer Information i Name(s): Weld County Colorado �`o��� � Mailing (�Address: Phone: i gd g Driver's I.,' e se/I.D. Number(s): / Signature(s) 70/11..i.r,..., As a representative of the Title Company listed above, I certify that the driver's license/I.D. number(s) and identifies of the buyers have been verified by our office. We understand that services will not be transferred to r until is c pleted docent is received by the City of Greeley. Signature: C f tOW Title: Closin Agent Printed Name: Barb Coonrod Date: 6 Finance-Financial Services • 1000 10th Street, Greeley,CO 80631 • (970) 350-9731 We promise to preserve and improve the quality of life for Greeley through timely,courteous and cost-effective service. Unified Title Company of Northern Colorado, LLC Compliance Agreement PURCHASER: Weld County Colorado SELLER: Naranjo Investments,LLC,a Colorado limited liability company FILE NO: 7684UTG PROPERTY ADDRESS: 1020 9th Avenue,Greeley CO 80631 LEGAL: The North 50 feet of Lots 9 and 10, and the West 20 feet of the North 50 feet of Lot 11, Block 77, in the City of Greeley, County of Weld, State of Colorado. It is expressly agreed and understood between the undersigned parties that Unified Title Company of Northern Colorado,LLC is acting as Closing Agent in the above referenced transaction and shall in no way be liable as to the accuracy or completeness of any Payoff Statement and/or Assumption Statement that has been provided to said Company for the purposes of closing this transaction. Unified Title Company of Northern Colorado,LLC has acted in good faith in compiling the data and information as set forth on the applicable Settlement Statement(s). The undersigned agree that any additional funds due and payable after closing will be immediately paid by the responsible party(s). The undersigned further agree that in the event any of the documents required in this closing misstate or inaccurately reflect the true and correct terms and provisions thereof,and said misstatement or inaccuracy is due to a unilateral mistake on the part of Unified Title Company of Northern Colorado,LLC mutual mistake on the part of the undersigned and Unified Title Company of Northern Colorado,LLC or clerical error,then in such event the undersigned shall upon request by Unified Title Company of Northern Colorado,LLC and in order to correct such misstatement or inaccuracy, execute such new documents or initial such corrected original documents as Unified Title Company of Northern Colorado,LLC may deem necessary to remedy said inaccuracy or mistake. IN WITNESS WHEREOF,the party(s)has/have executed this Agreement this 9th day of February,2015 Buyers: Contact Phone#: Sellers: Contact Phone#: R'10 590 't6yo Email Address: Email Address: ltr@i\oi.rckK1/4.so cont.co v.,\ Weld County Colora o Naranjo Investments,LLC,a Colorado limited liability • company • y: Barbara Kir eyer,C it Board of County Commissioners,Weld County,Colorado By:Jerry dPara • ,Mana r erman aranlo, nager STATE OF: Colo ad COUNTY OF:/( The foregoing instrument was acknowledged before me thisFebruary 9,2015 by Jerry Naranjo and Herman Naranjo as Managers for Naranjo Investments,LLC,a Colorado limited liability company. Witness my hand and official seal. /� i�' �i�L� �4 �lt?YPye` My Commission E ires:if Re'' '.4(0\ i EfARl3ARA R.1 Notary Public 4 C00NR0D / i STATE OF: Color do tc :v COUNTY OF: /f/� 1*CP....L•'npv, Ul/r/VW 0 CF" The foregoing instrument was acknowledged be 1C this *nary 9,2015 by Barbara Kirkmeyer as Chair for the Board of County Commissioners for Weld County K ' ° )Sahu 1 tio. Witness my hand and official seal. BARBARA RI Q�c'CFCQI% Notary Public ORDER NUMBER:7684UTG Agents for Westcor Land Title Insurance Company AFFIDAVIT AND AGREEMENT STATE OF Colorado COUNTY OF Weld The undersigned, being the seller(s)or purchaser(s)of the real property described in Paragraph 9 hereof, and being duly sworn upon oath, depose(s)and say(s): 1. The representations; covenants and agreements contained herein are made to induce Unified Title Company of Northern Colorado,LLC and to authorize its title insurance policies to be issued covering the real property described in Paragraph 9 hereof,with full knowledge and intent that such representations, covenants and agreements be relied upon. 2. No construction or repair of improvements on or in the real property described in Paragraph 9 hereof has been commenced or contracted for which has not been fully completed and fully paid for more than four full months prior to the execution hereof,except as described in Paragraph 8. 3. No claims have been made to Affiant(s)or to any other person within the knowledge of Affiant(s)on account of work done or materials furnished to the real property described in Paragraph 9 hereof,except as described in Paragraph 8 hereof. 4. Affiant(s) know(s)of no violation of any restrictive protective covenants or governmental restrictions relating to the real property described in Paragraph 9 hereof, and Affiant(s)know(s)of no encroachment of improvements onto any adjoining real property or encroachment of improvements from any adjoining real property onto the real property described in Paragraph 9 hereof, except as described in Paragraph 8. 5. Affiant(s)know(s)of no parties in possession of or claiming possessors'rights pertaining to the real property described in Paragraph 9 hereof other than Affiant(s), except as described in Paragraph 8 hereof. 6. Affiant(s)know(s) of no outstanding sale contract conditional sale contract, security agreements,or financing statements,as to the real property described in Paragraph 9 hereof, except as described in Paragraph 8 hereof. 7. Affiant(s)covenant(s)and agree(s)to indemnify and hold harmless Unified Title Company of Northern Colorado,LLC, from any loss or damage which would not have occurred if the representations contained herein had been true and if the covenants and agreements contained herein had been fully performed. 8. All exceptions relating to Paragraphs 2,3, 4, 5,and 6 hereof are as follows: NO EXCEPTIONS 9. The real property to which this affidavit and agreement relates is located in the State of Colorado and is described as follows: The North 50 feet of Lots 9 and 10,and the West 20 feet of the North 50 feet of Lot 11, Block 77, in the City of Greeley,County of Weld, State of Colorado. Property Address: 1020 9th Avenue,Greeley,CO 80631 Naranjo Investments,LLC,a Colorado limited liability Weld County Colorado company 4aSi& hr By:Je y N ranjo, tanager Board of County Commissioners,Weld County,Colorado act B . erman aranl , anager State of Colors o 0 County of v(jf 11 The foregoin nstrument was subscrib • to before me this February 9,2015,byJerry Naranjo and Herman Naranjo as Managers for Naranjo Investment ,, , , F o limited liability company. My Commis ion a Aires: 4:3 'C Wi ph &in :'Btit Notary Public tPIN State of Colo ad£1 CCFCOL County of The foregoi instrument was subscribed and sworn to before me this February 9,2015,byBarbara Kirkmeyer as Chair for the Board of County Commissioners for Weld County Colorado. My Commiss. n expires: pt2Y PUe�i Witne m and and fficial se . E BARBARA fl.i Notary Public iCOONROD,e 'o \\$CF COQ-" BILL OF SALE KNOW BY ALL THESE PRESENT,That Naranjo Investments, LLC, a Colorado limited liability company of the County of Weld, in the State of Colorado,Seller(s),for all and in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION to him in hand paid at or before the ensealing or delivery of these presents by Weld County Colorado of the County of Weld, in the State of Colorado, Purchaser(s), the receipt of which is hereby acknowledged has bargained and sold, and by these presents does grant and convey unto the said Purchaser(s), his personal representatives, successors and assigns, the following property,goods and chattels,to wit: a.Inclusions. The Purchase Price includes the following items(Inclusions): (1) Fixtures. If attached to the Property on the date of the contract,the following items are included unless excluded under Exclusions: lighting,heating,plumbing,ventilating and air conditioning fixtures,TV antennas, inside telephone,network and coaxial(cable)wiring and connecting blocks/jacks,plants,mirrors,floor coverings, intercom systems,built-in kitchen appliances,sprinkler systems and controls,built-in vacuum systems(including accessories),garage door openers including remote controls: Other Fixtures: If any fixtures are attached to the Property after the date of this Contract,such additional fixtures are also included in the Purchase Price. (2) Personal Property. If on the Property,whether attached or not,on the date of the Contract,the following items are included unless excluded under Exclusions: storm windows,storm doors,window and porch shades,awnings,blinds,screens,window coverings,curtain rods,drapery rods,fireplace inserts,fireplace screens,fireplace grates,heating stoves,storage sheds,and all keys. If checked,the following are included:0 Water Softeners(x)Smoke/Fire Detectors(x)Carbon Monoxide Alarms (x)Security System 0 Satellite Systems(Including satellite dishes). Other Personal Property: NONE The Personal Property to be conveyed at Closing must be conveyed by Seller free and clear of all taxes(except personal property taxes for the year of Closing), liens and encumbrances except N/A. Parkin.and Storage Facilities. Elise Only �]OWNERSHIP of the following parking facilities: and Use Only u Ownership of the following storage facilities: . b. Exclusions. The following items are excluded(Exclusions): All Seller and Tenant personal property and all tenant trade fixtures. c.Water Rights,Well Rights,Water and Sewer Taps. (1) Deed Water Rights. The following legally described water rights: Any deeded water rights will be by a good and sufficient deed at closing. (2) Other Rights Relating to Water: The following rights relating to water not included in§§ 1,3,4 and 5,will be transferred to Buyer at Closing: NONE. (3) Well Rights. Seller agrees to supply required information to Buyer about the well.Buyer understands that if the well to be transferred is a"Small Capacity Well"or a"Domestic Exempt Water Well,"used for ordinary household purposes,Buyer must,prior to or at Closing,complete a Change in Ownership form for the well. If an existing well has not been registered with the Colorado Division of Water Resources in the Department of Natural Resources(Division),Buyer must complete a registration of existing well form for the well and pay the cost of registration. If no person will be providing a closing service in connection with the transaction,Buyer shall file the form with the Division within sixty days after Closing.The Well Permit#is:N/A. (4) Water Stock Certificates.The water stock certificates to be transferred at Closing are as follows: N/A (5) Water and Sewer Taps.Note: Buyer is advised to obtain,from the provider,written confirmation of the amount remaining to be paid,if any,time and other restrictions for transfer and use of the tap. (6) Conveyance.If Buyer is to receive any rights to water pursuant to §2(Other Rights Relating to Water), §3 (Well Rights),or §4(Water Stock Certificates),Seller agrees to convey such rights to Buyer by executing the applicable legal instrument at Closing. located at 1020 9th Avenue,Greeley,CO 80631 TO HAVE AND TO HOLD the same unto the Purchaser(s),his personal representatives, successors and assigns,forever. The said Seller(s)covenants and agrees with the Purchaser(s)his personal representatives,successors and assigns to WARRANT and DEFEND the sale of said property,goods and chattels,against all and every person or persons whomsoever.When used herein,the singular shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, The Seller(s)have hereunto set their hands and seals,this 9th day of February, 2015. Naranjo Investments,LLC,a Colorado limited liability company By:Jerry N anj ,Mona ern an aranjo eager State of Colorado County of ail The foregoing instrument was ackno before me this day of February,2015,by Naranjo Investments,LLC,a ::: :d: : compare { O��2Y U9 � - ( : '13A�p�RA F'; ota ublic My commission xpire7 COONRCD F �� d'. ••. %0L WARRANTY DEED THIS DEED,made this 9th day of February,2015,between Naranjo Investments,LLC,a Colorado limited liability company of the County of Weld and State of Colorado, grantor(s),and Weld County Colorado ear .t Go , ,5R whose legal address is VD a"/ ? I/ of the County of Weld and State of Colorado,grantees: WITNESS, that the grantor(s), for and in consideration of the sum of ONE HUNDRED SEVENTY FIVE AND 00/100 DOLLARS $175 000.00 the receipt and sufficiency of which is hereby ( )> p sold and conveyed,and by thesepresents doesgrant,bargain, sell, convey has granted,bargained, y g and confirm unto the grantees,their heirs and assigns forever,,all 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 North 50 feet of Lots 9 and 10,and the West 20 feet of the North 50 feet of Lot 11,Block 77, in the City of Greeley,County of Weld,State of Colorado. also known by street and number as: 1020 9th Avenue,Greeley,CO 80631 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 grantees, their heirs and assigns forever. The grantor(s), for himself,his heirs,and personal representatives,does covenant,grant,bargain and agree to and with the grantees,their heirs and assigns,that at the time of the ensealing and delivery of thesepresents,he is well seized of thepremises above conveyed,hasgood,sure,perfect,absolute Y and indefeasible estate of inheritance, in law, in fee simple,and has good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes for the current year and subsequent years, and except easements, covenants,conditions,restrictions, reservations,and rights of way of record,if any. The grantor(s)shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees,their heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above. Naranjo Investments,LLC,a Colorado limited liability company 4907,24 By: Jerriaraktjo,lt3fager : Herman aranjo, ana State of Colorado e } !mil_ } ss. County Of } The foregoing instrument was acknow d ed before me thisFebruary 9,2015,by Jerry Naranjo and Herman Naranjo as Managers for Naran' "Or LLC,a Colorado limited liability company My Commissio expires: O.• 6.!C+\ Me y han d o ial eal di .. n�j to ?BARBARA R.: �!, : CGONROD Notary Public Doc Fee:$17.50 q,SCFC0I-/ Buyers Forwarding Address Tor Recorded ilacuments-is: Borrower Address WARRANTY DEED File# 7684UTG REAL PROPERTY TRANSFER DECLARATION-(TD-1000) GENERAL INFORMATION Purpose: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. Refer to 39-14-102(4),Colorado Revised Statutes(C.R.S.). Requirements: All conveyance documents(deeds)subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor(seller)or grantee(buyer). Refer to 39-14-102(1)(a), C.R.S. Penalty for Noncompliance: Whenever a Real Property Transfer Declaration does not accompany the deed,the clerk and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration be returned within thirty days after the notice is mailed. If the completed Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice,the assessor may impose a penalty of$25.00 or.025%(.00025)of the sale price,whichever is greater. This penalty may be imposed for any subsequent year that the buyer fails to submit the declaration until the property is sold. Refer to 39-14-102(1)(b),C.R.S. Confidentiality: The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer. However, it is only available to the seller if the seller filed the declaration. Information derived from the Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law. Refer to 39-5-121.5,C.R.S and 39-I3-102(5)(c), C.R.S. 1. Address and/or legal description of the real property sold: Please do not use P.O. box numbers. 1020 9th Avenue,Greeley,CO 80631 Lot 9,Block 77,Greeley City,County of Weld,State of Colorado. 2. Type of property purchased:Dingle Family Residential JI'ownhome ❑Condominium ❑Multi-Unit Res Commercial ❑industrial DAgricultural ['Mixed Use OVacant Land ❑Other 3. Date of closing: February 9 2015 Month Day Year Date of contract if different than date of closing: December 18.2014 Month,Day,Year 4. Total Sales Price: including all real and personal property. $175,000.00 5. Was any personal property included in the transaction?Personal property would include,but is not limited to, carpeting, draperies, free standing appliances,equipment, inventory, furniture. If the personal property is not listed,th-,entire purchase price will be assumed to be for the real property as per 39-13-102,C.R.S. Elves Ali o If yes, approximate value$ Describe 6. Did the total sale price include a trade or exchange of additional real or personal property? If yes, give the appro a value of the goods or services as of the date of closing. ['Yes o If yes, approximate value$ If yes, does this transaction involve a trade under IRS Code Section 1031O/es ❑No 7. W 100% interest in the real property purchased?Mark "no" if only a partial interest is being purchased. ses DNo If no, interest purchased % 8. Is this a transaction among related parties?Indicate whether the buyer or seller are related. Related parties includepgrsons within the same family, business affiliates,or affiliated corporations. ❑Yes o 9. Check an of the following that apply to the condition of the improvements at the time of purchase. ❑Newxcellent Wiood DAverage OFair ['Poor ['Salvage. If the property is financed,please complete the following. 10. Total amount financed. $0.00 11. Type of financing: (Check all that apply) flew ❑Assumed ❑seller ❑Third Party ❑Combination; Explain 12. Terms: ❑Variable; Starting int st rate % ❑Fixed; Interest rat % ❑Length of time years balloon pay ent❑Yes [No. If yes, amount Due Date 13. Please a ain any special terms, seller concessions,or financing and any other information that would help the a ssor understand the terms of sale. For properties o er than residential (Residential is defined as: single family detached,townhomes, apartments and condominiums lease complete questions 14-16 if applicable. Otherwise, skip to#17 to complete. 14. Did the purchase pry include a franchise or license fee?❑Yes ❑No If yes, franchise or lice fee value$ 15. Did the purchase price involy n installment land contract?Oyes ❑No If yes,date of contract 16. If this was a vacant land sale,was an on- ' e inspection of the property conducted by the buyer prior to the closing? [Yes a10 Remarks: Please include any additional information con ing the sale you may feel is important. 17. Signed this 9 day of February , 2015 Enter the day, month,and year,have at least one of the parties to the transaction sign the document, and include an addrree and a daytime phone number. Please designate buyer or seller. i A�atuo�reof Clrantee a or Grantor(Seller) 18. All future correspondence(tax bills, property valu • n , etc.)re arding this property should be mailed to: Ad s mail ) Daytime Phone ity, State and Zi Code J Hello