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Home My WebLink About20143448.tiff Statement of Settlement for.. Buyer(s)/Borrower(s) NORTH AMERICAN TITLE COMPANY OF COLORADO 1711 61st Ave., Suite 100, Greeley, CO 80634 Phone: (970)304-9012 Fax: (970)304-9022 Settlement Date: January 5, 2015 Order no.: 33700-14-07173 Escrow officer: Tiffany Brazelton Property Address: 1024 9th Avenue, Greeley, CO 80631 Buyer: Weld County Colorado Seller: Hertzke Family Lmtd Partnership II LLLP Borrower Debit Credit Financial Consideration Contract sales price 380,000.00 Deposit or earnest money 15,000.00 Prorations/Adjustments County taxes 94.75 01/01/15-01/05/15 Escrow Charges Settlement or closing fee to North American Title Company of Colorado 200.00 Title Charges Tax Certificate to North American Title Company of Colorado 25.00 Recording Processing/Etransmission to North American Title Company of Colorado 20.00 Colorado Form 110.1-06 incl. Survey to North American Title Company of Colorado 60.00 Recording Charges Government recording charges to NAT fbo County Clerk & Recorder 27.00 Transfer taxes to NAT fbo County Clerk & Recorder 38.00 Subtotals 380,370.00 15,094.75 Balance Due FROM Borrower 365,275.25 TOTALS 380,370.00 380,370.00 *Paid outside of closing by borrower(B), seller(S) Approved and Accepted I/WE HEREBY ACKNOWLEDGE RECEIPT OF THIS STATEMENT PURCHASER(S)/ BORROWER(S): c.\\,: s..„1/4., Weld C my Colorado � J � / wv e-_ BY: r K it ( Ur 6 .`�t By: North Ame i an Title Company of rbara KirkmeyerChair, Board of Weld County Comissioners Colorado Broker: Wheeler Management Group By: Ron Randel don 0-9014.- a0Ia_3tiLIg /-Aa-arms PQCC35/ Printed on 01/05/15 at 7.59:58AM by NAT\Ipearson 33700-14-07173/53 Page 1 of 1 RR NORTH NIIIIAMERICAN The printed portions of this form,except differentiated di:TITLE additions have been approved by the Colorado Real Estate COMPANY Commission(CL8-9-12)(Mandatory 1-13) Like Clockwork® THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. CLOSING INSTRUCTIONS File No.: 33700-14-07173 Date: January 5, 2015 1. PARTIES, PROPERTY. Hertzke Family Lmtd Partnership IILLLP (Seller) and Weld County Colorado (Buyer) engage North American Title Company of Colorado (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: 1024 9th Avenue, Greeley, CO 80631 and more fully described in the Contract to Buy and Sell Real Estate, dated October 29, 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 ❑O Agrees ❑ Does Not Agree that: upon completion of a satisfactory title search and examination, it will furnish a Title Insurance Commitment; and it will issue a Title Insurance Policy provided that all requirements have been fulfilled. Closing Company ❑X Agrees 0 Does Not Agree to furnish copies of Exceptions. 3. INFORMATION, PREPARATION. CLOSING, RECORDING. Closing Company is authorized to obtain any information necessary for the Closing. Closing Company agrees to prepare (excluding legal documents), deliver, and record all documents required or customarily recorded, and disburse all funds pursuant to the contract that are necessary to carry out the terms and conditions of the Contract. 4. CLOSING FEE. Closing Company will receive a fee of$260.00 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: 0 Cashier's Check, at Seller's expense, 0 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, shall 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 earnest Money as directed by the written mutual instructions. Such release of Earnest Money shall be made within five days of Earnest Money Holder's receipt of the written mutual instructions signed by both Buyer and Seller, provided the Earnest Money check has cleared. 11. EARNEST MONEY DISPUTE. In the event of any controversy regarding the Earnest Money (notwithstanding any termination of the Contract), Earnest Money Holder shall not be required to take any action. Earnest Money Holder, at its option and sole subjective discretion, has several options: (1) await any proceeding, (2) interplead all parties and deposit Earnest Money into a court of competent jurisdiction and shall recover court costs and reasonable attorney and legal fees, or(3) provide notice to Buyer and Seller that unless Earnest Money Holder received 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 National 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) is 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.) N/A 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. Closing Instructions(Effective January 2013) 33700-14-07173 17. BROKER'S COPIES. Closing Company shall provide, to each broker in this transaction, copies of all signed documents that such brokers are required to maintain pursuant to the rules of the Colorado Real Estate Commission. 18. NOTICE, DELIVERY, CHOICE OF LAW. 18.1. Physical Delivery. Except as provided in § 18.2, all notices must be in writing. Any notice or document to Buyer is effective when physically received by Buyer, any individual buyer, any representative of Buyer, or Brokerage Firm of Broker working with Buyer. Any notice or document to Seller shall be effective when physically received by Seller, any individual seller, any representative of Seller, or Brokerage Firm of Broker working with Seller. Any notice or document to Closing Company shall be effective when physically received by Closing Company, any individual of Closing Company, or any representative of Closing Company. 18.2. Electronic Delivery. As an alternative to physical delivery, any signed documents and written notice may be delivered in electronic form by the following indicated methods only: ❑X Facsimile O E-mail ❑X Internet 0 No Electronic Delivery. 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: Date: Buyer's Name: Seller's Name: Weld younty Colorado / Hertzke Family Lmtd Partnership II LLLP by The Lawrence H. Hertzke Living Trust dated October 30, 2002, General Partner BY: 2Ct. LEr. Larbara Kirkmey , Chair Board of Weld County Comissioners BY: Rick D. Hertzke, co-Tr ee Address: 1024 9th Avenue 2 V-- Greeley, CO 80631 Sherryl K.J rell, co-T2k_&Zt_JL_cCee Phone No.: Fax No.: Address: Electronic Address: Phone No.: Fax No.: Electronic Address: Date: January 5,2015 Closing Company: North A rican Tit om any of Colorado B Escrow Officer Authorized Si.natur Title Address: vJ 1711 61st Ave., Suite 100, Greeley, CO 80634 Phone No.: (970)304-9012 Fax No.: (970)304-9022 Electronic Address: TBrazelton@nat.com (TO BE COMPLETED ONLY BY BROKER AND CLOSING COMPANY) Dale Souther 0 Working with Seller 0 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: 0 Deed ❑x Bill of Sale 0 Colorado Real Estate Commission Approved Promissory Note 0 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. Date: January 5,2015 Brokerage's Firm Name: Property Technica Broker's Name: Dale Souther —11Li Broker's Signature Date: January 5, 2015 Closing Company: North American Title company of Colorado nnq � B : UL Escrow Officer Authorize I ig iature Title Closing Instructions(Effective January 2013) 33700-14-07173 CL-8.9-12 CLOSING INSTRUCTIONS S21COOEA.2834 Rev.2/7/2013 A NORTH AMERICAN TITLE ®COMPANY Like Clockwork® COMPLIANCE AGREEMENT AND LIMITED POWER OF ATTORNEY DATE: January 5, 2015 FILE NO.: 33700-14-07173 RE: PROPERTY ADDRESS: 1024 9th Avenue, Greeley, CO 80631 It is expressly agreed and understood between the undersigned parties that North American Title Company of Colorado 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 purpose of closing this transaction. North American Title Company of Colorado has acted in good faith in compiling the data and information as set forth on the applicable Settlement Statement(s). The undersigned acknowledge and agree that in spite of North American Title Company of Colorado's good faith efforts, information provided to North American Title Company of Colorado regarding mortgage payoffs, taxes, utilities, HOA assessments and other charges is sometimes inaccurate or incomplete and the undersigned agree that any shortages resulting from such inaccurate or incomplete information will immediately be paid by the responsible party. 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 North American Title Company of Colorado, a mutual mistake on the part of the undersigned and North American Title Company of Colorado, or clerical error, then in such event the undersigned shall upon request by North American Title Company of Colorado and in order to correct such misstatement or inaccuracy, execute such new documents or initial such corrected original documents as North American Title Company of Colorado may deem necessary to remedy said inaccuracy or mistake. The undersigned further agree that in the event, through no fault of North American Title Company of Colorado, the payoff does not reach the payoff lender by the date through which interest has been collected, or by the first of the month for FHA loans, due to either late funding by the new lender or an overnight courier weather delay, the undersigned will immediately upon request, reimburse North American Title Company of Colorado the additional interest required to pay the loan in full. We hereby indemnify and hold harmless North American Title Company of Colorado and its agents from any loss or damage resulting from insufficient interest being collected for the payoff of the existing loan. The undersigned does hereby appoint North American Title Company of Colorado to be my attorney in fact, to act for me only as to the matters below: To correct and/or execute or initial all typographical or clerical errors discovered in any or all of the closing documentation required to be executed by the undersigned at settlement. THIS LIMITED POWER OF ATTORNEY MAY NOT BE USED TO INCREASE THE INTEREST RATE THE UNDERSIGNED IS PAYING, INCREASE THE TERMS OF THE UNDERSIGNED'S LOAN, INCREASE THE UNDERSIGNED'S OUTSTANDING PRINCIPAL BALANCE OR INCREASE THE UNDERSIGNED'S MONTHLY PRINCIPAL AND INTEREST PAYMENTS. Any of these specific changes must be executed directly by the undersigned. This Power of Attorney is made of my own free will for the purposes of facilitating necessary corrections. This Power of Attorney shall continue to be effective even though I become disabled, incapacitated, or incompetent. Hertzke Family Lmtd Partnership II LLLP by The Weld ounty Colora o Lawrence H. Hertzke Living Trust dated October 30, /j, 2002, General Partner B / tC4, , + 0_�vti arbara Kirkme r, Chair Board of Weld County Comissioners BY: pf 1„.0 V $? 7J s D. Hertzke, co-T tee AAL k.K. rrell, co-ik-,NA--e- Sherrylstee 1711 61st Ave., Suite 100 Greeley, CO 80634 Phone (970)304-9012 Fax(970)304-9022 Agreement(Compliance) 33700-14-07173 State of Colorado County of Weld On January 5, 2015 before me, the undersigned a Notary Public in and for said County and State, personally appeared Barbara Kirkmeyer, Chair, Board of Weld County Comissioners of Weld County Colorado personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of whic the person s acted, executed the instrument. WITNESS m ,and'\and o icial eal. Signature: ( c �«.,,_ Lajune Pearson 9 NOTARY PUBLIC Notary yblic STATE OF COLORADO �(I Notary ID 19974014914 My Commission exp es: My Commission Expires September 18,2017 State of Colorado County of Weld On January 5, 2015 before me, the undersigned a Notary Public in and for said County and State, personally appeared The Lawrence H. Hertzke Living Trust dated October 30, 2002, General Partner, by, Co-Trustees Rick D. Hertzke and Sherryl K. JQrrell of Hertzke Family Lmtd Partnership II LLLP personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their sign ure(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,executed th in trument. WITNESS my a d nd offici I sea Signature: -- N-,L„._, Mors,— Lajune Pearson Notary P is NOTARY PUBLIC STATE OF COLORADO My Commission expires: Notary ID 19974014914 My Commission Expires September 18,2017 1711 61st Ave., Suite 100 Greeley, CO 80634 Phone(970)304-9012 Fax(970)304-9022 Agreement(Compliance) 33700-14-07173 l RR NORTH WIIIAMERICAN TITLE ®COMPANY Like Clockwork® SELLER'S FINAL AFFIDAVIT File No.: 33700-14-07173 Seller: Hertzke Family Lmtd Partnership II LLLP 1. This is written evidence to you that there are no unpaid bills, and to the extent there may be unpaid bills, the undersigned Affiant(s) ("Affiant(s)") undertake and agree to cause the same to be paid such that there shall be no mechanics or materialmen's liens affecting the Property for materials or labor furnished for construction, repairs or improvements on the Property located at and legally described as: 1024 9th Avenue, Greeley, CO 80631 The South 140 feet of Lots 9 and 10, and the West 20 feet of the South 140 feet of Lot 11, Block 77, City of Greeley, County of Weld, State of Colorado. 2. Affiant(s)further represent that to the best of our knowledge there are no public improvements affecting the Property prior to the date of closing that would give rise to a special property tax assessment against the Property after the date of closing. 3. Affiant(s)further represent that there are no pending proceedings or unsatisfied judgments of record, in any court, state or federal, nor any tax liens filed against us, and that if there are judgments, bankruptcies, probate proceedings, state or federal tax liens of record against parties with same or similar names, they are not against us. 4. Affiant(s)further represent that we are the owner(s)of the Property. 5. Affiant(s)further represent that we have not leased, permitted or granted to any other person or entity, either verbally or in writing, any right to use, possess, occupy or inhabit the Property or any part thereof for any purpose, and no other person has or claims any present right to use or possess the Property, except as set forth in the Commitment. 6. Affiant(s) further represent that we know of no claims, rights, interests, easements, rights of way, liens, agreements, options, contracts or other matters affecting the Property whether verbal,written, unrecorded, or appearing in the public records,except as set forth in the Commitment. 7. Affiant(s)further represent that there are no security agreements, financing statements, retention of title agreements or any other interests affecting any fixtures, equipment or other improvements on the Property, except as set forth in the Commitment. 8. Affiant(s)further represent that we have not, nor do we intend to carry back a mortgage or deed of trust against the Property. If for any reason we do carry back a mortgage or deed of trust against the Property, we agree to execute a subordination agreement upon request from North American Title Company of Colorado. Affiant(s) agree to promptly satisfy or otherwise remove from the property at Affiant(s)' expense any lien or encumbrance that occurs in violation of the representations in items 1 through 8 above upon receipt of notice that any such lien or encumbrance exists. Furthermore, Affiant(s) indemnify and hold harmless North American Title Company of Colorado and North American Title Insurance Company(or other underwriter issuing the policy or policies contemplated in this Affidavit)against loss, costs, damages and expenses of every kind incurred by it or them by reason of its or their reliance on the statements made herein in issuing any policy or policies of title insurance with respect to the property described herein. This agreement is executed with and forms a part of the sale and/or financing of the above described premises, and is given in addition to the conveyance and/or financing agreements,and forms a complete agreement by itself for any action thereon. Hertzke Family Lmtd Partnership II LLLP by The Lawrence H. Hertzke Living Trust dated October 30, 2002, General Partner fr 10914- Ri k D. He�e>_ co-T4stee k. Sherryl K. rell, co rustee 1711 61st Ave., Suite 100 Greeley, CO 80634 Phone (970)304-9012 Fax(970)304-9022 Affidavit(Seller's Final) 33700-14-07173 State of Colorado County of Weld On January 5, 2015 before me, the undersigned a Notary Public in and for said County and State, personally appeared The Lawrence H. Hertzke Living Trust dated October 30, 2002, General Partner, by, Co-Trustees Rick D. Hertzke and Sherryl K. Jarrell of Hertzke Family Lmtd Partnership II LLLP personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed th same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument t erson(s), or h entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my h ,ad official eal. Signature: CC+'�(l — --- Notary Pu ic My Commission expires: Lajune Pearson NOTARY PUBLIC STATE OF COLORADO Notary ID 19974014914 My Commission Expires September 18,2017 1711 61st Ave., Suite 100 Greeley, CO 80634 Phone (970)304-9012 Fax(970)304-9022 Affidavit(Seller's Final) 33700-14-07173 ®NORTH AMERICAN TITLE IIIIII COMPANY Like Clockwork® BUYER'S FINAL AFFIDAVIT File No.: 33700-14-07173 Owner: Weld County Colorado 1. This is written evidence to you that there are no unpaid bills created by us, and to the extent there may be unpaid bills created by us, the undersigned Affiant(s) ("Affiant(s)") undertake and agree to cause the same to be paid such that there shall be no mechanics or materialmen's liens affecting the Property for materials or labor furnished for construction, repairs or improvements on the Property located at and legally described as: 1024 9th Avenue, Greeley, CO 80631 The South 140 feet of Lots 9 and 10, and the West 20 feet of the South 140 feet of Lot 11, Block 77, City of Greeley, County of Weld, State of Colorado. 2. Affiant(s)further represent that there are no pending proceedings or unsatisfied judgments of record, in any court, state or federal, nor any tax liens filed against us, and that if there are judgments, bankruptcies, probate proceedings, state or federal tax liens of record against parties with same or similar names, they are not against us. 3. Affiant(s)further represent that we have not leased, permitted or granted to any other person or entity, either verbally or in writing, any right to use, possess, occupy or inhabit the Property or any part thereof for any purpose, and we know of no other person who has or claims any present right to use or possess the Property, except as set forth in the Commitment. 4. Affiant(s)further represent that we have not placed any security agreements, financing statements, retention of title agreements or any other interests affecting any fixtures, equipment or other improvements on the Property. Affiant(s) agree to promptly satisfy or otherwise remove from the property at Affiant(s)' expense any lien or encumbrance that occurs in violation of the representations in items 1 through 4 above upon receipt of notice that any such lien or encumbrance exists. Furthermore, the undersigned Affiant(s) indemnify and hold harmless North American Title Company of Colorado and North American Title Insurance Company (or other underwriter issuing the policy or policies contemplated in this Affidavit) against loss, costs, damages and expenses of every kind incurred by it or them by reason of its or their reliance on the statements made herein in issuing any policy or policies of title insurance with respect to the property described herein. This agreement is executed with and forms a part of the sale and/or financing of the above described premises, and is given in addition to the conveyance and/or financing agreements,and forms a complete agreement by itself for any action thereon. Weld County/Colorado g'a-rrbara Kirkmeyer, hair Board of Weld County Comissioners State of Colorado County of Weld On January 5, 2015 before me, the undersigned a Notary Public in and for said County and State, personally appeared Barbara Kirkmeyer, Chair, Board of Weld County Comissioners of Weld County Colorado personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) o he instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the ins ument. WITNESS my h and officia seal. Lajune Pearson Signature: 1-w--_ NOTARY PUBLIC Notary Publ' STATE OF COLORADO Notary ID 19974014914 My Commission expires: My Commission Expires September 18,2017 1711 61st Ave., Suite 100 Greeley, CO 80634 Phone (970)304-9012 Fax(970)304-9022 Affidavit(Buyer's Final) 33700-14-07173 O NORTH AMERICAN elITITLE ®COMPANY Like Clockwork® REAL ESTATE TAX/ASSESSMENT AGREEMENT Date: January 5, 2015 File No.: 33700-14-07173 Address: 1024 9th Avenue, Greeley, CO 80631 It is hereby understood and agreed between the Buyer(s) and Seller(s) that taxes for the current year for the property have been prorated based on a total tax estimate of: $8,645.81 The basis of this tax estimate is as follows: O Most recent assessment and most recent mill levy. The Parcel/Schedule Number is: 096105335005 O 2013 Land assessment: $16,310.00 E 2013 Improvement Assessments: $89,360.00 0 2013 Combined Assessments: $105,670.00 0 2013 Mill Levy: 81.819 The above figures were obtained by telephone, website or other reliable source from the County Assessor's office and North American Title Company of Colorado assumes no responsibility or any liability in the event the County Assessor misrepresents the assessments and/or mill levy figures. Any adjustment shall be made between the Buyer(s) and Seller(s) if necessary. ❑ Estimate for taxes of$ ❑ Taxes for the Calendar Year Immediately Preceding Closing. ❑ Based on ❑ NO ADJUSTMENT It is further agreed that the above adjustment shall be considered: 0 A final Settlement between Buyer(s) and Seller(s) ❑ Readjusted between Buyer(s)and Seller(s)when the tax statement is available. ❑ Readjusted between Buyer(s) and Seller(s) as to any changes in the assessment or mill levy. If a readjustment is necessary, North American Title Company of Colorado will not make or be responsible for this readjustment. Current Tax Status and/or Tax Payments at Closing: ❑ Property taxes for the current year are paid in full. O Property taxes for the current year are due, but not yet certified. The Seller(s) are being charged $10,807.26 As soon as the amount due is certified by the County, the payment will be made and balance refunded to the Seller(s). ❑ Property taxes for the current year are showing due in the amount of , but the existing mortgage lender has remitted a payment in the amount of . The Seller(s) has been charged the full amount of the property taxes, once the partial payment is posted, the remaining balance will be paid and the overage refunded to the Seller(s). In the event the payment is not posted by the business day prior to the due date, the entire amount will be remitted to the County. ❑ Property taxes for the current year have been partially paid, in the amount of , the remaining amount of has been collected from the Seller(s) and will be remitted to the county. North American Title Company of Colorado assumes no responsibility or any liability 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 Homeowners Association dues or assessments, are paid in full except as reflected on the statement of settlement. This Agreement made and executed on January 5, 2015. Hertzke Family Lmtd Partnership II LLLP by The Lawrence Weld Cpunty Colored , H. Hertzke Living Trust dated October 30, 2002, General Partner BY( tUL -[o� ,Barbara Kirkmey , Chair T �( 11/ 27 Board of Weld County Comissioners BY:Or X� I kD. Hertzzke, co- stee Sherry K. 9errell, c -Trustee Agreement(Tax Assessment) 33700-14-07173 ■NORTH MIIIIAMERICAN TITLE ■COMPANY Like Clockwork® UTILITY ESCROW AGREEMENT RE: NORTH AMERICAN TITLE COMPANY OF COLORADO FILE NO.: 33700-14-07173 BUYER: Weld County Colorado SELLER: Hertzke Family Lmtd Partnership II LLLP PROPERTY ADDRESS: 1024 9th Avenue, Greeley, CO 80631 THE SELLER AND/OR BUYER OF THE PROPERTY HAVE DEPOSITED THE SUM OF $2,500.00 FOR THE PAYMENT OF WATER/SEWER BILLS RELATING TO THE PROPERTY. ❑x NORTH AMERICAN TITLE COMPANY OF COLORADO has ordered a final and/or current water/sewer billing from City of Greeley The reading was ordered as of January 5, 2015 ❑ Other: Seller represents and warrants that all utility for the property are correctly identified above and that approximately $2,500.00 is the outstanding balance payable for all water and sewer services to the property. NORTH AMERICAN TITLE COMPANY OF COLORADO assumes no liability in the event any amounts due to a utility provider are misquoted by such utility provider or not disclosed to NORTH AMERICAN TITLE COMPANY OF COLORADO by the SELLER. Upon receipt of water and sewer billings, NORTH AMERICAN TITLE COMPANY OF COLORADO is authorized and directed to make any and all necessary prorations and pay the amounts due per the billing received. The balance of the escrowed funds will be disbursed to and mailed to: Hertzke Family Lmtd Partnership II IT IS THE SELLER(S) RESPONSIBILITY to call the utility company for a final reading and to give them Seller's forwarding address for the final bill. It is also the Seller's responsibility to notify the phone company and Seller's present Insurance Agent. IT IS THE BUYER(S) RESPONSIBILITY to call the utility company giving them the personal information they may require for their records, and the telephone company to put service into Buyer's name(s) and correct mailing address, if different than the property just purchased. In the event that insufficient funds were held for payment in full of the water, sewer and other utility bills, SELLER is responsible for any amounts over and above what is escrowed. NORTH AMERICAN TITLE COMPANY OF COLORADO shall mail SELLER a copy of the final billing. NORTH AMERICAN TITLE COMPANY OF COLORADO shall have no liability for the payment of the utility bills in the event insufficient funds were held for payment of the same. THIS AGREEMENT MADE AND EXECUTED ON: January 5, 2015 Hertzke Family Lmtd Partnership II LLLP by The Weld ounty Colorado Lawrence H. Hertzke Living Trust dated October 30, 2002, General Partner B X4.2 "tic Barbara Kirkmeye , Chair / Board of Weld County Comissioners BY(?1— Rick D. Hertzke, co rustee BUYER'S FORWARDING ADDRESS: Sherryrell, 1024 9th Avenue c -Trustee Greeley, CO 80631 SELLER'S FORWARDING ADDRESS: PHONE NO.: EMAIL: PHONE NO.: EMAIL: Agreement(Utility Escrow) 33700-14-07173 REAL PROPERTY TRANSFER DECLARATION (TD-1000) GENERAL INFORMATION FILE NO.: 33700-14-07173 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 Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice, the assessor may impose a penalty of $25.00 or.025% (.00025)of the sale price, whichever is greater. This penalty may be imposed for any subsequent year that the buyer fails to submit the declaration until the property is sold. Refer to 39-14-102(1)(b), C.R.S. CONFIDENTIALITY: The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer. However, it is only available to the seller if the seller filed the declaration. Information derived from the Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law. Refer to 39-5-121.5,C.R.S.and 39-13-102(5)(c),C.R.S. 1. Address and/or legal description for the real property sold: Please do not use P.O. box numbers. 1024 9th Avenue Greeley, CO 80631 2. Type of property purchased: ❑ Single Family Residential ❑ Townhouse ❑ Condominium ❑ Multi-Unit Res. El Commercial ❑ Industrial ❑ Agricultural 0 Mixed Use 0 Vacant Land 0 Other: 3. Date of Closing: January 5, 2015 Date of contract if different than date of closing: October 29,2014 Month Day Year Month Day Year 4. Total sale price: Including all real and personal property. $380,000.00 5. Was any personal property included in the transaction? Personal property would include, but is not limited to,carpeting,drapes,free standing appliances, equipment, inventory,furniture. If the personal property is not listed,the entire purchase price will be assumed to be for the real property as per 39-13-102, C.R.S. Yes 0 No ❑. If yes,approximate value$ . Describe: 6. Did the total sale price include a trade or exchange of additional real or personal property? If yes, give the approximate value of the goods or services as of the date of closing. ❑ Yes ❑X No. If yes, approximate value . If yes, does this transaction involve a trade under IRS Code Section 1031? 0 Yes ❑x No. 7. Was 100%interest in the real property purchased? Mark"no"if only a partial interest is being purchased. ❑X Yes 0 No If no,interest purchased %. 8. Is this a transaction among related parties? Indicate whether the buyer or seller are related. Related parties include persons within the same family,business affiliate, or affiliated corporations. ❑ Yes ❑x No 9. Check any of the following that apply to the condition of the improvements at the time of purchase. ❑ New ❑ Excellent ❑ Good ❑ Average IS Fair 0 Poor ❑ Salvage If the property is financed, please complete the following. 10. Total amount financed$0.00 11. Type of Financing: (Check all that apply) ❑ New ❑ Assumed 0 Seller ❑ Third Party ❑ Combination; Explain 12. Terms: ❑ Variable; %. 0 Fixed; .% Length of time 30 years. Balloon Payment ❑ Yes El No. If yes, amount$ . Due date: . 13. Mark any that apply: 0 Seller assisted down payments, ❑ Seller Concessions, 0 Special terms or financing. If marked, please specify: For properties OTHER than residential (Residential is defined as: single family detached,townhomes,apartments and condominiums) please complete question 14-16 if applicable. Otherwise,skip to#17 to complete. 14. Did the purchase price include a franchise or license fee? ❑ Yes El No If yes,franchise or license fee value$ 15. Did the purchase price involve an installment land contract? 0 Yes 0 No If yes,date of contract 16. If this was a vacant land sale,was an on-site inspection of the property conducted by the buyer prior to the closing? ❑ Yes 0 No Remarks: Please include any additional information concerning the sale you may feel is important. 17. Signed this 5th day of January,2015 Enter the day, month and year, have at least one of the parties to the transaction sign the document, and include and address and a day time phone number. ail PI se designate buy r r seller,- , p,/,, Ln(L4,/1 �.7LJC11U1�/t3'-� ,Signature of Grantee Buyer) El 6r Grantor(Seller) 0 18. All future correspondence(tax bills, property valuations, etc.)regarding this property should be mailed to: ire Po • F3c.1c 7S8 Address(mailing) Daytime Phone (, Greeley, CO 80631 )7v-3r y_ 6,53/ City, State and Zip Code II-fill' T b.j T&y/or Transfer Declaration 33700-14-07173 Weld County Colorado 1024 9th Avenue Greeley, CO 80631 WARRANTY DEED THIS DEED, Made on January 5, 2015 between Hertzke Family Lmtd Partnership II LLLP of the County of Weld and State of Colorado, grantor(s), and Weld County Colorado whose legal address is P.O. Box 758,Greeley, CO 80631 of the County of Weld and State of Colorado, grantee(s): WITNESS, That the grantor(s), for and in consideration of the sum of Three Hundred Eighty Thousand And No/100 DOLLARS ($380,000.00), the receipt and sufficiency of which are hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the grantee(s),their heirs and assigns forever, all the real property, together with improvements, if any,situate, lying and being in the County of Weld, State of Colorado,described as follows: The South 140 feet of Lots 9 and 10, and the West 20 feet of the South 140 feet of Lot 11, Block 77,City of Greeley, County of Weld, State of Colorado. as known by street and numbers:1024 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 grantee(s), their heirs and assigns forever. And the grantor(s), for themselves, their heirs, and personal representatives, do covenant, grant, bargain, and agree to and with the grantee(s), their heirs and assigns, that at the time of the ensealing and delivery of the presents, they are well seized of the premises above conveyed, had good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple and have good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except for: for general taxes and assessments for the year 2015 and subsequent years; and subject to easements, covenants, reservations, restrictions and rights of way of record. The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee(s), their heirs and assigns, against all and every person or persons lawfully claiming the whole of any part thereof. Wherever used herein, the plural references shall be construed to be singular references and singular references shall be construed to be plural references where the context requires and all references of gender and person shall be construed to refer to the grantor or grantors identified herein regardless of the context. IN WITNESS WHEREOF, the grantor(s)have executed this deed on the date set forth above. Hertzke Family Lmtd Partnership II LLLP by The Lawrence H. Hertzke Living Trust dated October 30, 2002, General Partner /P/ BY: Je Rick D. Hertzke, co-Trus Sherry) K. J rrell, co- ustee 33700-14-07173 State of Colorado County of Weld On January 5, 2015 before me, the undersigned a Notary Public in and for said County and State, personally appeared The Lawrence H. Hertzke Living Trust dated October 30, 2002, General Partner, by, Co-Trustees Rick D. Hertzke and Sherryl K. Jarrell of Hertzke Family Lmtd Partnership II LLLP personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instr meant the person(s), or the entity upon behalf of which the person(s) acted, executed the instru eitt\ ::: mt:\ y hand G Notary Public Lajune Pearson My Commission expires: NOTARY PUBLIC STATE OF COLORADO Notary ID 19974014914 My Commission Expires September 18,2017 33700-14-07173 BILL OF SALE File No.: 33700-14-07173 KNOW ALL MEN BY THESE PRESENTS,THAT Hertzke Family Lmtd Partnership II LLLP of the County of Weld and State of Colorado, parties of the first part, in consideration of Ten Dollars and other good and valuable consideration to their hands paid, at or before the ensealing or delivery of these presents by Weld County Colorado of the County of Weld and State of Colorado parties of the second part, the receipt whereof is hereby acknowledged, have bargained and sold, and by these presents do hereby grant and convey unto the said parties of the second part, their executors, administrators and assigns any of the following items currently stated in the contract: The purchase price includes the following items(Inclusions): a. FIXTURES: If attached to the Property on the date of this contract, 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 n/A remote controls; and All mineral rights, if any,to be INCLUDED in the sale b. OTHER INCLUSIONS: If on the Property whether attached or not on the date of this contract: 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. Check applicable box(es) if included: El Water Softeners, x❑ Smoke/Fire Detectors, El Security System(s), ❑ Satellite System (including satellite dishes and accessories), ❑D Carbon Monoxide Detector; and N/A EXCLUSIONS. The following attached fixtures are excluded from this sale: All tenant's personal property Located at: 1024 9th Avenue, Greeley, CO 80631 To have and to hold the same unto the said parties of the second part, their executors administrators and assigns forever. And the said parties of the first part do(es), for themselves, their heirs, executors, administrators covenant and agree to and with the said parties of the second part, their executors, administrators and assigns, to warrant and defend the sale of said property, goods and chattels, hereby made unto the said parties of the second part, their executors, administrators and assigns, against all and every person or persons whomsoever. 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 said parties of the first part have hereunto set their hands and seal on January 5,2015. Signed, Sealed, and Delivered in the Presence of: Hertzke Family ,Lmtd Partnership II LLLP by The Lawrence H. Hertzke Living Trust dated October 30, 2002, General Partner BYck D. tzke, co- �S tee Rick D. Hertzke, co- tee Sherryl K.J rrell, co- ustee State of Colorado County of Weld On January 5, 2015 before me, the undersigned a Notary Public in and for said County and State, personally appeared The Lawrence H. Hertzke Living Trust dated October 30, 2002, General Partner, by, Co-Trustees Rick D. Hertzke and Sherryl K. Jerrell of Hertzke Family Lmtd Partnership II LLLP personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) actedc executed the i strument. WITNESS my a and official seal. \ Lajune Pearson Signature: ' vv R1... NOTARY PUBLIC Notary Pub STATE OF COLORADO Notary ID 19974014914 My Commission expires. My Commission Expires September 18,2017 Bill of Sale(2009 Contract) 33700-14-07173 ■NORTH AMERICAN TITLE ■COMPANY Like Clockwork® IMPORTANT NUMBERS AND INFORMATION IF YOU HAVE JUST PURCHASED YOUR NEW HOME XCEL ENERGY: www.xcelenergy.com (800)895-4999 ATMOS ENERGY: www.atmosenerqy.com (888)286-6700 POURDE VALLEY REA: www.pvrea.com (970)226-1234 UNITED POWER: www.unitedpower.com (800)468-8809 Town of Eaton (Water and Sewer): (970)454-3338 East Larimer County Water District: www.elcowater.orq (970)493-2044 City of Evans: www.cityofevans.orq (970)212-2900 Town of Estes Park: (970)586-5331 City of Ft. Collins (Water and Sewer): www.ci.fort-collins.co.us (970)212-2900 Ft. Collins/Loveland Water Dist/So Ft. Collins Sanitation District(Water and Sewer): (970)226-3104 City of Greeley(Water and Sewer): www.greeleygov.com (970)350-9720 Town of Johnstown (Water and Sewer): www.townofjohnstown.com (970)587-4664 City of Longmont: www.ci.longmont.co.us (303)651-8664 City of Loveland (Water and Sewer): www.ci.loveland.co.us (970)962-2111 Town of Milliken: www.town.milliken.co.us (970)587-4331 West Fort Collins (Water Only): (970)484-4881 Town of Windsor(Water and Sewer): www.ci.windsor.co.us (970)686-7476 AT&T: www.att.com (800)222-0300 MCI-World ComNerizon: www.mci.com (800)950-5555 McLeod USA: www.mcleodusa.com: (800)909-3012 Nunn Telephone Co.: www.nunntel.com (970)897-2300 Sprint: www.sprint.com (800)877-7746 Qwest: www.gwest.com (800)244-1111 COMCAST: www.comcast.com (888)824-4010 Direct TV: www.directv.com (888)238-7177 Dish Network: www.dishnetwork.com (800)233-DISH (3474) Daily Times: www.timescall.com (303)684-5358 Greeley Tribune: www.greeleytrib.com (970)352-0211 Loveland Daily Reporter-Herald: www.reporterherald.com (970)635-3660 The Coloradoan: www.coloradoan.com (970)439-6397 HOA management company(if applicable): Phone No.: HOA management company(if applicable): Phone No.: Your North American Title Company of Colorado File No. is: 33700-14-07173 Your North American Title Company of Colorado Closer is: Tiffany Brazelton Thank you for closing with North American Title Company of Colorado 1711 61st Ave., Suite 100 Greeley, CO 80634 Phone (970)304-9012 Fax(970)304-9022 Purchasing Numbers(Northern) 33700-14-07173 Lajune Pearson From: utility Billing <utility.Billing@Greeleygov.com> Sent: Wednesday, December 31, 2014 2:32 PM To: Morgan A. Caron Subject: RE: 1024 9th Avenue Attachments: transfer of ownership.doc Please complete the entire attached form and return ASAP following closing to complete the transfer. Buyer will not have account access until this is received. North American Title Company Morgan Caron 970-304-9012 macaron@nat.com Property Address: 1024 9th Avenue Seller: Hertzke Family Lmtd Partnership II LLP Purchaser: Weld County Colorado Billing Address: Property Meter Reading date: 1/2/15 Closing date: 1/5/14 Contact: Morgan Caron Send request to: utility.billing@greeleygov.com DO NOT SEND SCANNED DOCUMENTS Questions? Please call: (970)350-9720 or(970)350-9721 "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#: 004-753998-01 Amount Due: $111.29 Billing Clerk: Leona Phone#: 970-350-9260 1 Please remit payments to: City of Greeley, 1000 10th St.,Greeley,CO 80631 Leona Utility Billing Clerk 1000 10th St Greeley, Co 80631 970-350-9260 From: Morgan A. Caron fmailto:macaron@nat.com] Sent: Monday, December 29, 2014 2:01 PM To: utility Billing Subject: 1024 9th Avenue "No matter what people tell you,words and ideas can change the world." — Robin Williams. Our Offices Will Be CLOSED during the holiday season on 1/1/15 and 1/2/15. Thank you Morgan A. Caron Escrow Assistant/Northern Colorado Processor macaron@nat.com a Main: 970-304-9012 Fax: 970-304-9022 alNORTH North American Title Company AMERICAN TITLE 1711 61st Avenue,Suite 100 a IA COMPANY Greeley, CO 80634 LiX4 C7:xryyvpsk' http://www.nat.com $k Y� frQ9 lett t` ' ' CZ.1y. f 2 City of V� G rccicyado Great.From the Ground Up. Utility Billing Department Title Co.: NORTH AMERICAN TITLE CO utilitv.billincncreeleygov.com Contact Name: Tiffany Brazelton_ Phone: (970) 350-9260 Email: tbrazelton(a)nat.com Fax: (970) 350-9736 Phone: 970.304.9012 Service Address: 1024 9`" Avenue TRANSFER OF OWNERSHIP ***Completed Document Must Be Emailed or Faxed Immediately After Closing*** Seller Information Name(s): Hertzke Family Ltd Partnership, LLLP Forwarding Address: Phone: Signature(s): Buyer Information Name(s): Weld County Colorado Mailing Address: Phone: Driver's License/I.D. Number(s): / Signature(s): As a representative of the Title Company listed above, I certify that the driver's license/ I.D. number(s) and identities of the buyers have been verified by our office. We understand that services will not be transferred to buyer until this completed document is received by the City of Greeley. Signature: Title: Escrow Manager Printed Name: Tiffany Brazelton Date: 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. Certificate Of Taxes Due Account Number 82826186 Certificate Number 100764 Parcel 096105335005 Order Number Assessed To Vendor ID 8 HERTZKE FAMILY LMTD PARTNERSHIP II LLLP NORTH AMERICAN TITLE C/O LAWRENCE HERTZKE 1711 61ST AVENUE SUITE 100 4250 W 16TH ST UNIT 44 GREELEY,CO 80634 GREELEY,CO 80634-3351 Legal Description Situs Address GR 5223 SI4OFT L9-10&W2OFT OF SI4OFT LI IBLK77 1024 9 AV GREELEY 000000000 Year Tax Interest Fees Payments Balance Tax Charge 2013 $8,645.81 $172.92 $5.00 ($8.823.73) $0.00 Total Tax Charge $0.00 Grand Total Due as of 11/10/2014 $0.00 Tax Billed at 2013 Rates for Tax Area 2689-2689 Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 16.8040000* $1,775.67 MULTI-UNITS(4-8)-LAND $3,528 $280 SCHOOL DIST#6 38.1750000 $4,033.95 MULTI-UNITS(4-8)- $19,329 $1,540 NORTHERN COLORADO WATER(NC 1.0000000 $105.67 IMPRVMTS GREELEY CITY 11.2740000 $1,191.32 OFFICES-LAND $55,272 $16,030 AIMS JUNIOR COLLEGE 6.3020000 $665.94 OFFICES- $302,819 $87,820 IMPROVEMENTS DOWNTOWN DEVELOPMENT AUTHOR 5.0000000 $528.35 HIGH PLAINS LIBRARY 3.2640000 $344.91 Total $380,948 $105,670 Taxes Billed 2013 81.8190000 $8,645.81 *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. ,/ 64 1400 N. 17th Avenue l/j Greeley,CO 80631 Nov 10, 2014 12:27:53 PM Page 1 of 1 Property Profile - Print Page 1 of 3 Property Profile for Account#R2826186 November 9,2014 Account Information Account Parcel Space Account Type Tax Year Tax Area Buildings Actual Value Assessed Value R2826186 096105335005 Commercial 2014 2689 1 380,948 105,670 Legal GR 5223 S140FT L9-10&W2OFT OF 514DFT L11BLK77 Subdivision Block Lot Land Economic Area GREELEY CITY 77 9 COMM N-S 5-11 ST E 11 AV Property Address Property City Zip Section Township Range 1024 9 AV GREELEY 000000000 05 05 65 Owner Information Owner(s) Address Line 1 Address Line 2 City ST Zip HERTZKE FAMILY LMTD C/O LAWRENCE HERTZKE 427 PELICAN COVE WINDSOR CO 805503351 PARTNERSHIP II LLLP Document History Information Reception Rec Date Type Grantor Sale P YP Grantee Sale Price Date 3709443 08/03/2010 OCN TRINITY OFFICE PLAZA LLC HERTZKE FAMILY LIMITED 06/0712010 0 PARTNERSHIP II LLLP Building Information Building 1 ID Type NBHD Occupancy Built As Bedrooms Baths Rooms 1 Commercial 6907 Office Building Office Building 0 0 0 ID Square Ft Condo SF Total Basement Finished Garage SF Carport SF Balcony SF Porch SF SF Bsmt SF 1 9,414 0 0 6,174 0 0 0 0 ID Year Built %Complete Stories Perimeter Units Unit Type 1 1934 100 2 394 0 ID Length Width Make 1Tttp://propertyprofil e.co.weld.co.us/index.html?versi on=2&account=R2826186 11/9/2014 Property Profile - Print Page 2 of 3 I ID Exterior Roof Cover Interior HVAC 1 Warm and Cool Air Zone ID Detail Type Detail Description Units 1 Add On Corn Canopies Wood Average 72 1 Add On Asphalt 5,510 1 Add On Corn Canopies Steel Average 608 1 Basement Finished 6,174 Valuation Information TType Code Description Actual Value Assessed yp P Acres Land SqFt Value Land 1120 MULTI-UNITS(4-8)-LAND 3,528 280 0.020 1,008 Improvement 1220 MULTI-UNITS(4-8)-IMPRVMTS 19,329 1,540 0.000 0 Land 2120 OFFICES-LAND 55,272 16,030 0.360 15,792 Improvement 2220 OFFICES-IMPROVEMENTS 302,819 87,820 0.000 0 380,948 105,670 0.380 16,800 Tax Information Tax District District Name Current Mill Levy Tax Year Area ID 2689 0100 WELD COUNTY 16.804 2014 2689 0206 SCHOOL DIST#6-GREELEY 38.175 2014 2689 0301 NORTHERN COLORADO WATER(NCW) 1.000 2014 2689 0411 GREELEY CITY 11.274 2014 2689 0700 AIMS JUNIOR COLLEGE 6.302 2014 2689 0802 DOWNTOWN DEVELOPMENT AUTHORITY 5.000 2014 2689 1050 HIGH PLAINS LIBRARY 3.264 2014 81.819 Property Photo http://propertyprofile.co.weld.co.us/index.html?version=2&account=R2826186 11/9/2014 Weld County Republican Party 831 11th St No Deposit Herb Weishaupt 1024 9th Ave Suite F No Deposit Abdijadir Jama 1024 9th Ave Suites 5,6,11,12 & 14 $350 Deposit Anabnoor Gudle 1024 9th Ave Suite 4 $425 Deposit Asli Mohamed Ahmed 1024 9th Ave Suite 2 $175 Deposit Maryan Ali Barre 1024 9th Ave Suite 7 $175 Deposit 1024 9th Ave Suite A $100 Deposit Linda T Baum 1024 9th Ave Suite 206 $150 Deposit Fret-Insurance Agency,Inc 827 11th St. Suite B No Deposit Abdirashid Elmi 1024 9th Ave Suite 13 $175 Deposit Ibriahim Hassan 1024 9th Ave Suite 8 $175 Deposit Keeysee, LLC 1024 9th Ave Suite 1 $250 Deposit L.A. Law, P.C. 827 11th St Suite A $500 Deposit Mediation Services 1024 9th Ave Suite 202 No Deposit Abdirizak Mohamed 1024 9th Ave Suite 9 $300 Deposit Mohamud A. Mahoamed 1024 9th Ave Suite 3 $175 Deposit Authentic Home Care 1024 9th Ave Suite 10 No Deposit Yours Truly Design 1024 9th Ave Suite 204 No Deposit Michael Ngoyl 1024 9th Ave Main Floor Conference Rm $150 Deposit Deposit Total $3,100.00 Wheeler Management Group 1130 38th Avenue,Suite B I gRAV3IF Greeley,CO 80634 Phone:(970)352-5860 Fax:(970)352-0117 www.wheelcrmgt.com 1 The printed portions of this form.except differentiated additions,have been approved by the Colorado Rea!Estate Commission. 2 (AE41-8-13)(Mandatory 1-14) 3 4 THLS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR 5 OTHER COUNSEL BEFORE SIGNING.OK 6 7 AGREEMENT TO AMEND/EXTEND CONTRACT 8 9 Date: December 16, 2014 10 11 1. This agreement amends the contract dated October 29, 2014 (Contract),between 12 Hertzke Family Limited Partnership(Seller),and Weld County Colorado 13 (Buyer),relating to the sale and purchase of the following legally described real estate in the County of Weld, 14 Colorado: 15 GR .5223 S140FT £9-10 & W20F$' of S240FT £11 Blk77—approximately 16,.5.53 SF 16 Building and approximately .38 Acre lot. - 17 18 known as No. 1024 9th Ave Greeley CD 80631 _(Property). 19 Street Address City Suite Zip 20 21 NOTE:If the table is omitted,or if any item is left blank or is marked in the"No Change"column,it menus no change to 22 the corresponding provision of the Contract.natty item is marked in the"Deleted"column,it means that the 23 corresponding provision of the Contract to which reference is made is deleted. 24 25 2. §3. DATES AND DEADLINES.[Note:This table may be omitted if inapplicable.] OMITTED AS INAPPLICABLE. 26 27 3. Other dates or deadlines set forth in the Contract are changed as follows: 28 No Change 29 30 31 4. Additional amendments: 32 A) Seller's name shall be corrected to Hertzke Fardly Limited Partnership II LLLP. B) The Buyer has received the contractual ALTA survey and approves said survey. In addition, Buyer also does not object to any inspection items or environmental inspection items. C) The Buyer also accepts all Due Diligence Documents provided by the Seller and has no objections. D) The Buyer also agrees to delete items 11.1 and 11.2 in the contract. (tenant estoppel statements) B) Therefore, Seller agrees to notify by certified mail all of the current Tenants on Dec 19th that they are to vacate the premises on or before February 4, 2015. This notice would inform the tenants of the upcoming sale of the building and the date of cl os_ri .-,r Toncery 5, 2015. F) The :6(91 2,-,;.4- •a1sc. :acs-eev to sand a second notice by certified mail on the closing AE41.a-13.AGREEMENT TO AMEND/EXTEND CONTItACr 1211612014 16:44 Page 1 012 (, a J CC:B cF► '2/30 2014-3�fys l2- 222-''/ 7(t;o034 date confirming that the closing occurred and that the 30-day clock has started and that the tenants will need to vacate on or before February 4, 2015. 33 34 35 All other terms and conditions of the Contract remain the same. 36 37 38 This proposal expires unless accepted in writing by Seller and Buyer as evidenced by their signatures below and the offering party 39 to this document receives notice of such acceptance on or before December 17, 2014 5:00pm DT 40 Date Time 41 42 Buyer's Name: Weld County Colorado 4-t r— /a- 12- 201 LI Buyer's Signature Date Seller's Name: Lawrence Hertake — �n ��. /7747 ,Y Seller's Signature Date 43 AE41-H-t3.AGREEMENT TO AMEND/EXTEND CONTRACT 12/16/2014 16:44 Puge 2 of 2 RESOLUTION RE: APPROVE CONTRACT TO BUY AND SELL REAL ESTATE (1024 9TH AVENUE) FROM HERTZKE FAMILY LIMITED PARTNERSHIP AND AUTHORIZE CHAIR AND/OR CHAIR PRO-TEM TO SIGN ALL NECESSARY DOCUMENTS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Contract to Buy and Sell Real Estate (Commercial) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Hertzke Family Limited Partnership, 427 Pelican Cove, Windsor, Colorado 80550, for real estate, being more particularly described as follows: 1024 9th Avenue, Greeley, Colorado 80631, being further described as GR 5223 S140FT L9-10 and W20FT of S140FT L11 Blk 77 - approximately 16,553 SF Building and approximately .38 Acre lot, City of Greeley, Weld County, Colorado, and WHEREAS, after review, the Board deems it advisable to approve the Real Estate Contract, a copy of which is attached hereto and incorporated herein by reference, and authorize the Chair to sign all necessary documents to complete the closing for said purchase. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Contract to Buy and Sell Real Estate (Commercial) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Hertzke Family Limited Partnership, 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. 2014-3448 CG: il3Ca ��li3 PR0034 CONTRACT TO BUY AND SELL /COUNTERPROPOSAL (1024 9TH AVENUE) - HERTZKE FAMILY LIMITED PARTNERSHIP PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of November, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: EXCUSED j„ ,d , ,;ok Dou las Rademacher, it Clerk Weld County Clerk to the Board / 4� rbara Kirkmeyer, Pro em B . ty Clerk of the / � . �� C _ e=. Conway WA AP D ORM% r F \` Mike Freema ounty Attorney Wi iam F. Garcia II Date of signature: to 2014-3448 PR0034 1861 CLERK TO THE BOARD PHONE: (970) 336-7215, EXT.4225 FAX:X: (9(970) 352-0242 !` Z 1150 O STREET P.O. BOX 758 GREELEY, COLORADO 80632 COUNTY STATE OF COLORADO ) ss COUNTY OF WELD ) I, Esther E. Gesick, Clerk to the Board of County Commissioners, in and for the County of Weld, State of Colorado, do hereby certify that the attached copy of Resolution #2014-3448, dated November 5, 2014, is a duplicate of the original Resolution on file in the Weld County Clerk to the Board's office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County at Greeley, Colorado, this 6th day of November, 2014. ,I IE1L<3� e AI e y) . E? J .p, , j CLERK TO THE BOARD ,� I Iasi I( :,P: Wheeler Management Group 1130 38th Avenue,Suite B Greeley, CO 80634 Phone: (970)352-5860 Fax: (970)352-0117 www.wheelermgt.com The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission. 2 (CBS3-8-13)(Mandatory 1-14) 3 4 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR 5 OTHER COUNSEL BEFORE SIGNING. 6 7 CONTRACT TO BUY AND SELL REAL ESTATE 8 (COMMERCIAL) 9 (® Property with No Residences) 10 (❑ Property with Residences—Residential Addendum Attached) II 12 Date: October 29, 2014 13 AGREEMENT 14 1. AGREEMENT. Buyer,identified in§2.1,agrees to buy,and Seller,identified in§2.3;agrees to sell,the Property IS described below on the terms and conditions set forth in this contract(Contract). 16 2. PARTIES AND PROPERTY. 17 2.1. Buyer. Buyer,Weld County Colorado,will take title to the Property l8 described below as ❑ Joint Tenants O Tenants In Common © Other N/A. 19 2.2. Assignability and Inurement. This Contract © Is O Is Not assignable by Buyer without Seller's prior written 20 consent.Except as so restricted,this Contract inures to the benefit of and is binding upon the heirs,personal representatives, 21 successors and assigns of the parties. 22 2.3. Seller. Seller,Hertzke Family Limited Partnership,is the current owner of the 23 Property described below, 24 2.4. Property. The Property is the following legally described real estate in the County of Weld,Colorado: 25 GR 5223 8I40FT L9-10 & W20FT o£ S140FT L11 B1k77-approximately 16,553 SF Building and approximately .38 Acre lot. 26 27 28 29 known as No. 1024 9th Ave Greeley CO 80631 Street Address City State Zip 30 31 together with the interests,easements,rights,benefits,improvements and attached fixtures appurtenant thereto,and all interest of 32 Seller in vacated streets and alleys adjacent thereto,except as herein excluded(Property). 33 2.5. Inclusions. The Purchase Price includes the following items(Inclusions): 34 2.5.1. Fixtures. If attached to the Property on the date of this Contract,the following items are included unless 35 excluded under Exclusions(§2.6); lighting,heating,plumbing,ventilating and air conditioning fixtures,inside telephone,network 36 and coaxial(cable)wiring and connecting blocks/jacks,floor coverings,intercom systems,sprinkler systems and controls,garage 37 door openers including N/A remote controls. 38 Other Fixtures:All Mineral Rights, if any, to be included in the sale. 39 40 41 If any fixtures are attached to the Property after the date of this Contract,such additional fixtures are also included in the Purchase 42 Price. 43 2.5.2. Personal Property. If on the Property,whether attached or not,on the date of this Contract,the following 44 items are included unless excluded under Exclusions(§2.6): storm windows,storm doors,window and porch shades,awnings, 45 blinds,screens,window coverings,curtain rods,drapery rods,heating stoves,storage sheds and all keys. If checked,the following CI153.8-13.CONTRA TO BUY AND SELL REAL ESTATE(COMMERCIAL) Ill/29/2014 13:533 Inge 1 of 17 Buyer initials Seller initials 2014-3448 46 are included: ❑ Water Softeners El Smoke/Fire Detectors DI Carbon Monoxide Alarms 0Security Systems 47 U Satellite Systems(including satellite dishes). 48 Other Personal Property:N/A 49 50 51 The Personal Property to be conveyed at Closing must be conveyed by Seller free and clear of all taxes(except 52 personal property taxes for the year of Closing),liens and encumbrances,except N/A. 53 Conveyance will be by bill of sale or other applicable legal instrument. 54 2.5.3. Trade Fixtures. With respect to trade fixtures,Seller and Buyer agree as follows: 55 All Tenant Trade Fixtures to be excluded. 56 57 The Trade Fixtures to be conveyed at Closing will be conveyed by Seller free and clear of all taxes(except personal 58 property taxes for the year of Closing),liens and encumbrances,except N/A.Conveyance 59 will be by bill of sale or other applicable legal instrument. 60 2.5.4. Parking and Storage Facilities. ElUse Only 0 Ownership of the following parking facilities: 61 All on premises;and ❑ Use Only ® Ownership of the following storage facilities:All on premises. 62 2.6. Exclusions. The following items are excluded(Exclusions): 63 Owner's and Tenant's personal property. 64 2.7. Water Rights,Well Rights,Water and Sewer Taps. 65 O 2.7.1. Deeded Water Rights. The following legally described water rights: 66 N/A 67 _ 68 Any deeded water rights will be conveyed by a good and sufficient N/A deed at Closing. - 69 O 2.7.2. Other Rights Relating to Water. The following rights relating to water not included in §§2.7.1,2,7.3, 70 2.7.4 and 2.7.5,will be transferred to Buyer at Closing: 71 N/A 72 73 O 2.7.3. Well Rights. Seller agrees to supply required information to Buyer about the well.Buyer understands that 74 if the well to be transferred is a"Small Capacity Well or a"Domestic Exempt Water Well"used for ordinary household purposes, 75 Buyer must,prior to or at Closing,complete a Change in Ownership form for the well. If an existing well has not been registered 76 with the Colorado Division of Water Resources in the Department of Natural Resources(Division),Buyer must complete a 77 registration of existing well form for the well and pay the cost of registration.If no person will be providing a closing service in 78 connection with the transaction,Buyer must file the form with the Division within sixty days alter Closing.The Well Permit it is 79 N/A. 80 O 2.7.4. Water Stock Certificates. The water stock certificates to be transferred at Closing are as follows: 81 N/A 82 83 2.7.5. Water and Sewer Taps. Note:Buyer is advised to obtain,from the provider,written confirmation of 84 the amount remaining to be paid,if any,time and other restrictions for transfer and use of the taps. 85 86 2.7.6. Conveyance. If Buyer is to receive any rights to water pursuant to§23.2(Other Rights Relating to Water), 87 §2.7.3(Well Rights),or§2.7.4(Water Stock Certificates),Seller agrees to convey such rights to Buyer by executing the 88 applicable legal instrument at Closing. 89 3. DATES AND DEADLINES. Item No. Reference Event Date or Deadline I §4.3 Alternative Earnest Money Deadline 5 days after MEC Title 2 § 8.1 Record Title Deadline 10 days after MEC 3 §8.2 Record Title Objection Deadline 45 days after MEC 4 § 8.3 Off-Record Title Deadline 10 days after MEC 5 § 8.3 Off-Record Title Objection Deadline 45 days after MEC I CRS3-8.13.CONTRA 'TO BUY AND SELL REAL ESTATE(COMMERCIAL) 10/29/2014 13:53 Page 2 or 17 Buyer Initials Seller Initials-1W" • 6 §8.4 Title Resolution Deadline 50 days after MEC 7 §8.6 Right of First Refusal Deadline N/A Owners'Association 8 §7.3 Association Documents Deadline N/A 9 §7.4 Association Documents Objection Deadline N/A Seller's Property Disclosure I 10 § 10.1 Seller's Property Disclosure Deadline 10 days after MEC Loan and Credit 11 §5.1 Loan Application Deadline N/A 12 §5.2 Loan Objection Deadline N/A 13 §5.3 Buyer's Credit Information Deadline N/A 14 §5.3 Disapproval of Buyer's Credit Information Deadline N/A 15 §5.4 Existing Loan Documents Deadline N/A 16 §5.4 Existing Loan Documents Objection Deadline N/A 17 §5.4 Loan Transfer Approval Deadline N/A 18 §4.7 Seller or Private Financing Deadline N/A Appraisal 19 §6.2 Appraisal Deadline 45 days after MEC 20 §6.2 Appraisal Objection Deadline 50 days after MEC .. . Survey . .. .. . . _ 21 §9.1 Current Survey Deadline 45 days after MEC 22 §9.2 Current Survey Objection Deadline 50 days after MEC 23 §9.3 Current Survey Resolution Deadline 55 clays after MEC Inspection and Due Diligence 24 § 10.2 Inspection Objection Deadline 45 days after MEC 25 § 10.3 Inspection Resolution Deadline 55 days after MEC 26 § 10.5 Property Insurance Objection Deadline N/A 27 § 10.6 Due Diligence Documents Delivery Deadline 10 days after MEC 28 § 10.6 Due Diligence Documents Objection Deadline 45 days after MEC 29 § 10.6 Due Diligence Documents Resolution Deadline 50 days after MEC 30 § 10.6 Environmental Inspection Objection Deadline 45 days after MEC 31 § 10.6 ADA Evaluation Objection Deadline 45 days after MEC 32 § 10.7 Conditional Sale Deadline N/A 33 § 11.1 Tenant Estoppel Statements Deadline 45 days after MEC 34 § 11.2 Tenant Estoppel Statements Objection Deadline 50 days after MEC Closing and Possession 35 § 12.3 Closing Date 60 days after MEC 36 § 17 Possession Dale Day of Closing 37 § 17 Possession Time Time of Closing 38 §28 Acceptance Deadline Dote November 4, 2014 39 §28 Acceptance Deadline Time 5:00 pm MDT § 30 Due Diligence Period 45 days after MEC (A) § 30 Mineral Rights to Buyer At Closing (C) 90 3.1. Applicability of Terms. Any box checked in this Contract means the corresponding provision applies. Any box, 91 blank or line in this Contract left blank or completed with the abbreviation"N/A",or the word"Deleted"means such provision, 92 including any deadline,is not applicable and the corresponding provision of this Contract to which reference is made is deleted. 93 The abbreviation"MEC"(mutual execution of this Contract)means the date upon which both parties have signed this Contract. 94 4. PURCHASE PRICE AND TERMS. CIt53•NL13.CONTRACT TO BUY AND SELL REAL ESTATE(COMMERCIAL) 10/2920N 133:55(33 Page 3 or 17 Buyer Initials Seller initials —J ' h 95 4.1. Price and Terms. The Purchase Price set forth below is payable in U.S.Dollars by Buyer as follows: Item No. Reference Item pL�H%/I- Amount Amount 1 §4.I Purchase Price $f;p .ro $2 §4.3 Earnest Money _ - ' $ 15,000.00 3 §45 New Loan Iyi' ` ' .-----.- $ N/A 4 §4.6 Assumption Balance ! " $ N/A 5 §4.7 Private Financing $ N/A 6 §4.7 Seller Financing _ is "-- - $ N/A 7 N/A N/A N/A N/A B N/A N/A N/A N/A 9 §4.4 Cash at Closing 1=;!__, $ 315,000.00 )3 65•°°°- 10 TOTAL $ S m390,00°-0° 3 90,cat?-ov j 96 4.2. Seller Concession. Seller,at Closing,will credit,as directed by Buyer,an amount of$N/A to assist 97 with any or all of the following:Buyer's closing costs(Seller Concession).Seller Concession is in addition to any sum Seller has `, 261 98 agreed to pay or credit Buyer elsewhere in this Contract.Seller Concession will be reduced to the extent it exceeds the aggregate 99 of what is allowed by Buyer's lender as set forth in the Closing Statement at Closing. 100 4.3. Earnest Money. The Earnest Money set forth in this section,in the form of Buyers Business Check,will be payable ICI to and held by North American Title Co(Earnest Money Holder),in its trust account,on behalf of both Seller and Buyer. The Earnest - 102 Money deposit must be tendered,by Buyer,with this Contract unless the parties mutually agree to an Alternative Earnest Money 103 Deadline(§3)for its payment.The parties authorize delivery of the Earnest Money deposit to the company conducting the 104 Closing(Closing Company),if any,at or before Closing.In the event Earnest Money Holder has agreed to have interest on Earnest 105 Money deposits transferred to a fund established For the purpose of providing affordable housing to Colorado residents,Seller and 106 Buyer acknowledge and agree that any interest accruing on the Earnest Money deposited with the EarnestMoney Holder in this 107 transaction will be transferred to such fund. 108 4.3.1. Alternative Earnest Money Deadline The deadline far delivering the Earnest Money,if other than at the 109 time of tender of this Contract,is as set forth as the Alternative Earnest Money Deadline(§3). 110 4.3.2. Return of Earnest Money. If Buyer has a Right to Terminate and timely terminates,Buyer is entitled to Ill the return of Earnest Money as provided in this Contract.If this Contract is terminated as set forth in§25 and,except as provided 112 in§24,if the Earnest Money has not already been returned following receipt of a Notice to Terminate,Seller agrees to execute 113 and return to Buyer or Broker working with Buyer,written mutual instructions(e.g.,Earnest Money Release form),within three 114 days of Seller's receipt of such form. 115 4.4. Form of[finds;Time of Payment;Available Funds. 116 4.4.1. Good Funds.All amounts payable by the parties at Closing,including any loan proceeds,Cash at Closing 1 I7 and closing costs,must be in funds that comply with all applicable Colorado laws,including electronic transfer funds,certified 118 check,savings and loan teller's check and cashier's check(Good Funds). 119 4.4.2. Time of Payment;Available Funds. All funds,including the Purchase Price to be paid by Buyer,must be 120 paid before or at Closing or as otherwise agreed in writing between the parties to allow disbursement by Closing Company at 121 Closing OR SUCH NONPAYING PARTY WILL BE IN DEFAULT.Buyer represents that Buyer,as of the date of this 122 Contract, O Does O Does Not have funds that are immediately verifiable and available in an amount not less than the amount 123 staled as Cash at Closing in§4.1. 124 4.5. New Loan. OMITTED AS INAPPLICABLE. 131 4.6. Assumption. OMITTED AS INAPPLICABLE. 144 4.7. Seller or Private Financing. OMITTED AS INAPPLICABLE. 162 TRANSACTION PROVISIONS 163 5. FINANCING CONDITIONS AND OBLIGATIONS. 164 5.1. Loan Application. If Buyer is to pay all or part of the Purchase Price by obtaining one or more new loans(New 165 Loan),or if an existing loan is not to be released at Closing,Buyer,if required by such lender,must make on application verifiable 166 by such lender,on or before Loan Application Deadline(§3)and exercise reasonable efforts to obtain such loan or approval. ' 7C:71-1/4/Cu53A-13.00NN'rnAACT TO BUY AND SELL REAL ESTATE(COMMERCIAL) torono1,l 13:53 PPop.;orl7 Buyer Initials �r'' Seller Initials 167 5.2. Loan Objection. If Buyer is to pay all or part of the Purchase Price with a New Loan,this Contract is conditional 168 upon Buyer determining,in Buyer's sole subjective discretion,whether the New Loan is satisfactory to Buyer,including its 169 availability,payments,interest rate,terms,conditions,and cost of such New Loan.This condition is for the sole benefit of Buyer. 170 Buyer has the Right to Terminate under§25.1,on or before Loan Objection Deadline(§3),if the New Loan is not satisfactory to 171 Buyer,in Buyer's sole subjective discretion. IF SELLER IS NOT IN DEFAULT AND DOES NOT TIMELY RECEIVE 172 BUYER'S WRITTEN NOTICE TO TERMINATE,BUYER'S EARNEST MONEY WILL BE NONREFUNDABLE,except 173 as otherwise provided in this Contract(e.g.,Appraisal,Title,Survey). 174 5.3. Credit Information. If an existing loan is not to be released at Closing,this Contract is conditional(for the sole 175 benefit of Seller)upon Seller's approval of Buyer's financial ability and creditworthiness,which approval will he at Seller's sole 176 subjective discretion. Accordingly: (I)Buyer must supply to Seller by Buyer's Credit Information Deadline(§3),at Buyer's 177 expense,information and documents(including a current credit report)concerning Buyer's financial,employment and credit 178 condition; (2)Buyer consents that Seller may verify Buyer's financial ability and creditworthiness;and(3)any such information 179 and documents received by Seller must he held by Seller in confidence,and not released to others except to protect Seller's interest 180 in this transaction. If the Cash at Closing is less than as set forth in§4.1 of this Contract,Seller has the Right to Terminate under 18 I §25.1,on or before Closing.If Seller disapproves of Buyer's financial ability or creditworthiness,in Seller's sole subjective 182 discretion,Seller hos the Right to Terminate under§25.1,on or before Disapproval of Buyer's Credit Information Deadline 183 (§3). 184 5.4. Existing Loan Review. If an existing loan is not to be released at Closing,Seller must deliver copies of the loan 185 documents(including note,deed of trust,and any modifications)to Buyer by Existing Loan Documents Deadline(§3).For the 186 sole benefit of Buyer,this Contract is conditional upon Buyer's review and approval of the provisions of such loan documents. 187 Buyer has the Right to Terminate under§25.1,on or before Existing Loan Documents Objection Deadline(§3),based on any 188 unsatisfactory provision of such loan documents,in Buyer's sole subjective discretion.If the lender's approval of a transfer of the 189 Property is required,this Contract is conditional upon Buyer's obtaining such approval without change in the terms of such loan, 190 except as set forth in§4.6.If lender's approval is not obtained by Loan Transfer Approval Deadline(§3),this Contract will 191 terminate on such deadline. Seller has the Right to Terminate under§25.1,on or before Closing,in Seller's sole subjective 192 discretion,if Seller is to be released from liability under such existing loan and Buyer does not obtain such compliance as set forth 193 in§4,6. 194 6. APPRAISAL PROVISIONS. 195 6.1. Lender Property Requirements. If the lender imposes any requirements or repairs(Requirements)to be made to 196 the Property(e.g.,roof repair,repainting),beyond those matters already agreed to by Seller in this Contract,Seller has the Right to 197 Terminate under§25.1,(notwithstanding§ 10 of this Contract),on or before three days following Seller's receipt of the 198 Requirements,based on any unsatisfactory Requirements,in Seller's sole subjective discretion. Seller's Right to Terminate in this 199 §6.1 does not apply if,on or before any termination by Seller pursuant to this§6.1: (I)the pasties enter into a written agreement 200 regarding the Requirements;or(2)the Requirements have been completed;or(3)the satisfaction of the Requirements is waived in 201 writing by Buyer. 202 6.2, Appraisal Condition. The applicable Appraisal provision set forth below applies to the respective loan type set 203 forth in§4,5.3,or if a cash transaction(i.e.no financing),§6.2.1 applies. 204 6.2.1. Conventional/Other. Buyer has the sole option and election to terminate this Contract if the Property's 205 valuation, determined by an appraiser engaged on behalf of Buyer and Bruce Barker, Buyer's Attorney, is less than the Purchase Price. 206 The appraisal must be received by Buyer or Buyer's lender on or before Appraisal Deadline(§3).Buyer has the Right to 207 Terminate under§25.1,on or before Appraisal Objection Deadline(§3),if the Property's valuation is less than the Purchase 20S Price and Seller's receipt of either a copy of such appraisal or written notice from lender that confirms the Property's valuation is 209 less than the Purchase Price. This§6.2.1 is for the sole benefit of Buyer. 210 6.3. Cost of Appraisal. Cost of any appraisal to be obtained after the date of this Contract must be timely paid by 211 0 Buyer 0 Seller.The cost of the appraisal may include any or all fees paid to the appraiser,appraisal management company, 212 lender's agent or all three. 213 7. OWNERS'ASSOCIATION.This Section is applicable if the Property is located within a Common Interest 214 Community and subject to such declaration. 215 7.1. Owners'Association Documents. Owners' Association Documents(Association Documents)consist of the 216 following: 217 7.1.1. All Owners' Association declarations,articles of incorporation,bylaws,articles of organization,operating 218 agreements,rules and regulations,party wall agreements; 219 7.1.2. Minutes of most recent annual owners' meeting; 220 7.1.3. Minutes of any directors'or managers' meetings during the six-month period immediately preceding the 221 date of this Contract. If none of the preceding minutes exist,then the most recent minutes,if any (§§7.1.1, 7.1.2 and 7.1.3, CBS3-9-13.CONTRACT TO BUY AND SELL REAL ESTATE(COMMERCIAL) 10/292014 13:53 /[/ I'uge 5 of 17 a Buyer Initials Seller Initials /'" �' 222 collectively,Governing Documents);and 223 7.1.4. The most recent financial documents which consist of: (I)annual and most recent balance sheet,(2)annual 224 and most recent income and expenditures statement,(3)annual budget,(4)reserve study,and(5)notice of unpaid assessments,if 225 any(collectively,Financial Documents). 226 7.2. Common Interest Community Disclosure. THE PROPERTY IS LOCATED WITHIN A COMMON 227 INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR SUCH COMMUNITY.THE OWNER 228 O1?THE PROPERTY WILL BE REQUIRED TO BE A MEMBER O1?THE OWNERS'ASSOCIATION FOR THE 229 COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE 230 ASSOCIATION.THE DECLARATION,BYLAWS,AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL 231 OBLIGATIONS UPON THE OWNER OF THE PROPERTY,INCLUDING AN OBLIGATION TO PAY 232 ASSESSMENTS OF THE ASSOCIATION.IF THE OWNER DOES NOT PAY THESE ASSESSMENTS,THE 233 ASSOCIATION COULD PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT.THE 234 DECLARATION,BYLAWS,AND RULES AND REGULATIONS OF THE COMMUNITY MAY PROHIBIT THE 235 OWNER FROM MAKING CHANGES TO THE PROPERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE 236 ASSOCIATION(OR A COMMITTEE OF THE ASSOCIATION)AND THE APPROVAL OF THE ASSOCIATION. 237 PURCHASERS OF PROPERTY WITHIN THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE THE 238 FINANCIAL OBLIGATIONS OF MEMBERS OF THE ASSOCIATION.PURCHASERS SHOULD CAREFULLY 239 READ THE DECLARATION FOR THE COMMUNITY AND THE BYLAWS AND RULES AND REGULATIONS OF 240 THE ASSOCIATION. 241 7.3. Association Documents to Buyer. 242 ❑ 7.3.1. Seller to Provide Association Documents. Seller will cause the Association Documents to be provided to 243 Buyer,at Seller's expense,on or before Association Documents Deadline(§3). 244 ❑ 7.3.2. Seller Authorizes Association. Seller authorizes the Association to provide the Association Documents to 245 Buyer,at Seller's expense. 246 7.33. Seller's Obligation. Seller's obligation to provide the Association Documents is fulfilled upon Buyer's 247 receipt of the Association Documents,regardless of who provides such documents. 248 Note:If neither box in this§7.3 is checked,tale provisions of§7.3.1 apply. 249 7.4. Conditional on Buyer's Review. Buyer has the right to review the Association Documents.Buyer has the Right to 250 Terminate under§25.1,on or before Association Documents Objection Deadline(§3),based an any unsatisfactory provision in 251 any of the Association Documents,in Buyer's sole subjective discretion.Should Buyer receive the Association Documents after 252 Association Documents Deadline(§3),Buyer,at Buyer's option,has the Right to Terminate under§25,1 by Buyer's Notice to 253 Terminate received by Seller on or before ten days after Buyer's receipt of the Association Documents.If Buyer does not receive 254 the Association Documents,or if Buyer's Notice to Terminate would otherwise be required to be received by Seller after Closing 255 Date(§3),Buyer's Notice to Terminate must be received by Seller on or before Closing.If Seller does not receive Buyer's Notice 256 to Terminate within such time,Buyer accepts the provisions of the Association Documents as satisfactory,and Buyer waives any 257 Right to Terminate under this provision,notwithstanding the provisions of§ 8.6(Right of First Refusal or Contract Approval). 258 259 8. TITLE INSURANCE,RECORD TITLE AND OFF-RECORD TITLE. 260 8.1. Evidence of Record Title. 261 0 8.1.1. Seller Selects Title Insurance Company. If this box is checked,Seller will select the title insurance 262 company to furnish the owner's title insurance policy at Seller's expense. On or before Record Title Deadline(§3),Seller must 263 furnish to Buyer,a current commitment for owner's title insurance policy(Tide Commitment),in an amount equal to the 264 Purchase Price,or if this box is checked, ❑ an Abstract of Tide certified to a current date.Seller will cause the title insurance 265 policy to be issued and delivered to Buyer us soon as practicable at or after Closing. 266 ❑ 8.1.2. Buyer Selects Title Insurance Company.If this box is checked,Buyer will select the title insurance 267 company to furnish the owner's title insurance policy at Buyer's expense.On or before Record Title Deadline(§3),Buyer must 268 furnish to Seller,a current commitment for owner's title insurance policy(Title Commitment),in an amount equal to the Purchase 269 Price. 270 If neither box in § 8.1.1 or§8.1.2 is checked, § 8.1.1 applies. 271 8.1.3. Owner's Extended Coverage(OEC), The Title Commitment ® Will ❑ Will Not commit to delete or 272 insure over the standard exceptions which relate to: (I)parties in possession,(2)unrecorded easements,(3)survey matters,(4) 273 unrecorded mechanics'liens,(5)gap period(effective date of commitment to date deed is recorded),and(6)unpaid taxes, 274 assessments and unredeemed tax sales prior to the year of Closing(OEC).If the title insurance company agrees to provide an 275 endorsement for OEC,any additional premium expense to obtain an endorsement for OEC will be paid by X❑Buyer ❑ Seller 276 ❑ One-Half by Buyer and One-Half by Seller ❑ Other N/A. 277 Note: The title insurance company may not agree to delete or insure over any or all of the standard exceptions. CBS3.8-13,CONTRA 011t1Y AND SELL REAL ESTATE(COMMERCIAL) 10/29/2014 13:53 I'uge 6 of 17 I Buyer Initials Seller Inlllnls 278 8.1.4. Title Documents. Title Documents consist of the following: (1)copies of any plats,declarations, 279 covenants,conditions and restrictions burdening the Property,and(2)copies of any other documents(or,if illegible,summaries of 280 such documents)listed in the schedule of exceptions(Exceptions)in the Title Commitment furnished to Buyer(collectively,Title 281 Documents). 282 8.1.5. Copies of Title Documents. Buyer must receive,on or before Record Title Deadline(§3)copies of all 283 Title Documents.This requirement pertains only to documents as shown of record in the office of the clerk and recorder in the 284 county where the Property is located.The cost of furnishing copies of the documents required in this Section will be at the expense 285 of the party or parties obligated to pay for the owner's title insurance policy. 286 8.1.6. Existing Abstracts of Title. Seller must deliver to Buyer copies of any abstracts of title covering all or any 287 portion of the Property(Abstract of Title)in Seller's possession on or before Record Title Deadline(§3). 288 8.2. Record Title. Buyer has the right to review and object to the Abstract of Title or Title Commitment and any of the 289 Title Documents as set forth in§8.4(Right to Object to Title,Resolution)on or before Record Title Objection Deadline(§3). 290 Buyer's objection may be based on any unsatisfactory form or content of Title Commitment or Abstract of Title,notwithstanding§ 291 13,or any other unsatisfactory title condition,in Buyer's sole subjective discretion.If the Abstract of Title,Title Commitment or 292 Title Documents are not received by Buyer on or before the Record Title Deadline(§3),or if there is an endorsement to the Title 293 Commitment that adds a new Exception to title,a copy of the new Exception to title and the modified Title Commitment will be 294 delivered to Buyer.Buyer has until the earlier of Closing or ten days after receipt of such documents by Buyer to review and object 295 to: (I)any required Title Document not timely received by Buyer,(2)any change to the Abstract of Title,Title Commitment or 296 Title Documents,or(3)any endorsement to the Title Commitment.If Seller receives Buyer's Notice to Terminate or Notice of 297 Title Objection,pursuant to this§8,2(Record Title),any title objection by Buyer is governed by the provisions set forth in§8.4 298 (Right to Object to Title,Resolution).IF Seller has fulfilled all Seller's obligations,if any,to deliver to Buyer all documents 299 required by§8.1 (Evidence of Record Title)and Seller does not receive Buyer's Notice to Terminate or Notice of Title Objection 300 by the applicable deadline specified above,Buyer accepts the condition of title as disclosed by the Abstract of Title,Title 301 Commitment and Title Documents as satisfactory. 302 8.3. Off-Record Title. Seller must deliver to Buyer,on or before Off-Record Title Deadline(§3),true copies of all 303 existing surveys in Seller's possession pertaining to the Property and must disclose to Buyer all easements,liens(including, 304 without limitation,governmental improvements approved,but not yet installed)or other tide matters(including,without 305 limitation,rights of first refusal and options)not shown by public records,of which Seller has actual knowledge(Off-Record 306 Matters). Buyer has the right to inspect the Property to investigate if any third party has any right in the Property not shown by 307 public records(e.g.,unrecorded easement,boundary line discrepancy or water rights).Buyer's Notice to Terminate or Notice of 308 Title Objection of any unsatisfactory condition(whether disclosed by Seller or revealed by such inspection,notwithstanding§8.2 309 and§ 13),in Buyer's sole subjective discretion,must be received by Seller on or before Off-Record Title Objection Deadline 310 (§3). If an Off-Record Matter is received by Buyer after the Off-Record Title Deadline(§3),Buyer has until the earlier of 311 Closing or ten days after receipt by Buyer to review and object to such Off-Record Matter. If Seller receives Buyer's Notice to 312 Terminate or Notice of Title Objection pursuant to this§ 8.3(Off-Record Title),any title objection by Buyer and this Contract arc 313 governed by the provisions set forth in§8.4(Right to Object to Title,Resolution).If Seller does not receive Buyer's Notice to 314 Terminate or Notice of Title Objection by the applicable deadline specified above,Buyer accepts title subject to such rights,if any, 315 of third parties of which Buyer has actual knowledge. 316 8.4. Right to Object to Title,Resolution. Buyer's right to object to any title matters includes,but is not limited to those 317 matters set forth in§§8.2(Record Title),8.3(Off-Record Title)and 13(Transfer of Title),in Buyer's sole subjective discretion.If 318 Buyer objects to any title matter,on or before the applicable deadline,Buyer has the following options: 319 8.4.1. Title Objection,Resolution. If Seller receives Buyer's written notice objecting to any title matter(Notice 320 of Title Objection),on or before the applicable deadline,and if Buyer and Seller have not agreed to a written settlement thereof on 321 or before Title Resolution Deadline(§3),this Contract will terminate on the expiration of Title Resolution Deadline(§3), 322 unless Seller receives Buyer's written withdrawal of Buyer's Notice of Title Objection(i.e.,Buyer's written notice to waive 323 objection to such items and waives the Right to Terminate for that reason),on or before expiration of Title Resolution Deadline 324 (§3), If either the Record Title Deadline or the Off-Record Title Deadline,or both,are extended to the earlier of Closing or ten 325 days after receipt of the applicable documents by Buyer,pursuant to§ 8,2(Record Title)or§8.3(Off-Record Title),the Title 326 Resolution Deadline also will be automatically extended to the earlier of Closing or fifteen days after Buyer's receipt of the 327 applicable documents;or 328 8.4.2. Title Objection,Right to Terminate. Buyer may exercise the Right to Terminate under§25.1,on or 329 before the applicable deadline,based on any unsatisfactory title matter,in Buyer's sole subjective discretion. 330 8.5. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION 33I INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE 332 PROPERTY WITHIN SUCH DISTRICTS.PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK 333 FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE 334 CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH Casa-8-13.CONTRA BUY AND SELL REAL ESTATE(COMMERCIAL) 10/29/201413:53 - Page 7 ar17 errs 4 Buyer lnitluls Y Scllar initials 335 INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES.BUYERS SHOULD INVESTIGATE THE 336 SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE COUNTY 337 TREASURER,BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY,AND BY OBTAINING 338 FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS,THE COUNTY CLERK AND 339 RECORDER,OR THE COUNTY ASSESSOR. 340 Buyer has the Right to Terminate under§25.1,on or before Off-Record Title Objection Deadline(§3),based on any 341 unsatisfactory effect of the Property being located within a special taxing district,in Buyer's sole subjective discretion. 342 8.6. Right of First Refusal or Contract Approval. If them is a right of first refusal on the Property,or a right to approve 343 this Contract,Seller must promptly submit this Contract according to the terms and conditions of such right.If the holder of the 344 right of first refusal exercises such right or the holder of a right to approve disapproves this Contract,this Contract will terminate. 345 If the right of first refusal is waived explicitly or expires,or the Contract is approved,this Contract will remain in full force and 346 effect. Seller must promptly notify Buyer in writing of the foregoing.If expiration or waiver of the right of first refusal or approval 347 of this Contract has not occurred on or before Right of First Refusal Deadline(§3),this Contract will then terminate. 348 8.7. Title Advisory. The Title Documents affect the title,ownership and use of the Property and should be reviewed 349 carefully. Additionally,other matters not reflected in the Title Documents may affect the title,ownership and use of the Property, 350 including,without limitation,boundary lines and encroachments,set-back requirements,area,zoning,building code violations, 351 unrecorded easements and claims of easements,leases and other unrecorded agreements,water on or under the Property,and 352 various laws and governmental regulations concerning land use,development and environmental matters.The surface estate may 353 be owned separately from the underlying mineral estate,and transfer of the surface estate does not necessarily include 354 transfer of the mineral rights or water rights.Third parties may hold interests in oil,gas,other minerals,geothermal 355 energy or water on or under the Property,which interests may give them rights to enter and use the Property.Such matters, 356 and others,may be excluded from or not covered by the owner's title insurance policy. Buyer is advised to timely consult legal 357 counsel with respect to all such matters as there are strict time limits provided in this Contract[e.g.,Record Title Objection 358 Deadline(§3)and Off-Record Title Objection Deadline(§3)). 359 9. CURRENT SURVEY REVIEW. 360 9.1. Current Survey Conditions. If the box in§9.1.1 or§9.1.2 is checked,Buyer,the issuer of the Title Commitment 361 or the provider of the opinion of title if an Abstract of Title, and Buyer's Attorney, Bruce Barker will receive an Improvement Location 362 Certificate,Improvement Survey Plat or other form of survey set forth in§ 9.1.2(collectively,Current Survey),on or before 363 Current Survey Deadline(§3).The Current Survey will be certified by the surveyor to all those who are to receive the Current 364 Survey. 365 O 9.1.1. Improvement Location Certificate, If the box in this 9.1.1 is checked, ❑ Seller 0 Buyer will order or P § Y 366 provide,and pay,on or before Closing,the cost of an Improvement Location Certificate. 367 O 9.1.2. Other Survey. If the box in this §9.1.2 is checked,a Current Survey,other than an Improvement Location 368 Certificate,will be an O Improvement Survey Plat © Survey acceptable to delete Title Survey Exception . The parties agree that payment of the cost of I 369 the Current Survey and obligation to order or provide the Current Survey are as follows: 370 Buyer selects and pays for survey if needed for deletion of survey exception by Title Company. 371 372 373 9.2. Current Survey Objection. Buyer has the right to review and object to the Current Survey. If the Current Survey is 374 not timely received by Buyer or is unsatisfactory to Buyer,in Buyer's sole subjective discretion,Buyer may,on or before Current 375 Survey Objection Deadline(§3),notwithstanding§8.3 or§ 13: 376 9.2.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated;or 377 9.2.2. Current Survey Objection. Deliver to Seller a written description of any matter that was to be shown or is 378 shown in the Current Survey that is unsatisfactory and that Buyer requires Seller to correct. 379 9.3. Current Survey Resolution. If a Current Survey Objection is received by Seller,on or before Current Survey 380 Objection Deadline(§3),and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Current Survey 381 Resolution Deadline(§3),this Contract will terminate on the Current Survey Resolution Deadline(§3),unless Seller receives I 382 Buyer's written withdrawal of the Current Survey Objection before such termination,i.e.,on or before expiration of Current 383 Survey Resolution Deadline(§3). 384 385 DISCLOSURE,INSPECTION AND DUE DILIGENCE CBS3-8.13.CONTRA�I'To BUY AND SELL REAL ESTATE(COMMERCIAL) 10/292014 13:53 7 Page 8 or 17 rY /A/ Buyer initials i Seller Initials �4.( 386 10. PROPERTY DISCLOSURE,INSPECTION,INDEMNITY,INSURABILITY AND DUE DILIGENCE. 387 10.1. Seller's Property Disclosure. On or before Seller's Property Disclosure Deadline(§3),Seller agrees to deliver to 388 Buyer the most current version of the applicable Colorado Real Estate Commission's Seller's Property Disclosure form completed 389 by Seller to Seller's actual knowledge,current as of the date of this Contract. 390 10.2. Inspection Objection. Unless otherwise provided in this Contract,Buyer acknowledges that Seller is conveying the 391 Property to Buyer in an"as is"condition,"where is"and"with all faults". Colorado law requires that Seller disclose to Buyer any 392 latent defects actually known by Seller. Disclosure of latent defects must be in writing. Buyer,acting in good faith,has the right to 393 have inspections(by one or more third parties,personally or both)of the Property and Inclusions(Inspection),at Buyer's expense. 394 If(1)the physical condition of the Property,including,but not limited to,the roof,walls,structural integrity or the Property,the 395 electrical,plumbing,HVAC and other mechanical systems of the Property,(2)the physical condition of the Inclusions,(3)service 396 to the Property(including utilities and communication services),systems and components of the Property(e.g. healing and 397 plumbing),(4)any proposed or existing transportation project,mad,street or highway,or(5)any other activity,odor or noise 398 (whether on or off the Property)and its effect or expected effect on the Property or its occupants is unsatisfactory,in Buyer's sole 399 subjective discretion,Buyer may,on or before Inspection Objection Deadline(§3): 400 10.2.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated;or 401 10.2.2, Inspection Objection. Deliver to Seller a written description of any unsatisfactory physical condition that 402 Buyer requires Seller to correct, 403 103. Inspection Resolution. If an Inspection Objection is received by Seller,on or before Inspection Objection 404 Deadline(§3),and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Inspection Resolution 405 Deadline(§3),this Contract will terminate on Inspection Resolution Deadline(§3),unless Seller receives Buyer's written 406 withdrawal of the Inspection Objection before such termination,i.e.,on or before expiration of Inspection Resolution Deadline 407 (§3). - 408 10.4. Damage,Liens and Indemnity. Buyer,except as otherwise provided in this Contract or other written agreement 409 between the parties,is responsible for payment for all inspections,tests,surveys,engineering reports,or other reports performed at 410 Buyer's request(Work)and must pay for any damage that occurs to the Property and Inclusions as a result of such Work.Buyer 411 must not permit claims or liens of any kind against the Property for Work performed on the Property.Buyer agrees to indemnify, 412 protect and hold Seller harmless from and against any liability,damage,cost or expense incurred by Seller and caused by any such 413 Work,claim,or lien.This indemnity includes Seller's right to recover all costs and expenses incurred by Seller to defend against 414 any such liability,damage,cost or expense,or to enforce this section,including Seller's reasonable attorney fees,legal fees and 415 expenses.The provisions of this section survive the termination of this Controct. This§ 10.4 does not apply to items performed 416 pursuant to an Inspection Resolution. 417 10.5. Insurability. Buyer has the right to review and object to the availability,terms and conditions of and premium for 418 property insurance (Property Insurance). Buyer has the Right to Terminate under§ 25.1, on or before Property Insurance 419 Objection Deadline(§3),based on any unsatisfactory provision of the Property Insurance,in Buyer's sole subjective discretion. 420 10.6. Due Diligence. 421 10.6.1. Due Diligence Documents. If the respective box is checked,Seller agrees to deliver copies of the following 422 documents and information pertaining to the Property(Due Diligence Documents)to Buyer on or before Due Diligence 423 Documents Delivery Deadline(§3): 424 IN 10.6.1.1. All contracts relating to the operation,maintenance and management of the Property; 425 d 10.6.1.2. Property tax bills for the last 1 years; 426 ® 10.61.3. As-built construction plans to the Property and the tenant improvements,including architectural, 427 electrical,mechanical,and structural systems,engineering reports,and permanent Certificates of Occupancy,to the extent now 428 available; 429 R❑ 10.6.1.4. A list of all Inclusions to be conveyed to Buyer; 430 © 10.6.1.5. Operating statements for the past 1 years; 431 X❑ 10.6.1.6. A rent roll accurate and correct to the date of this Contract; 432 ❑% 10.6.1.7. All current leases,including any amendments or other occupancy agreements,pertaining to the 433 Property. Those leases or other occupancy agreements pertaining to the Property that survive Closing are as follows(Leases): 434 Any leases on the property in Seller's possession. 435 436 437 © 10.6.1.8. A schedule of any tenant improvement work Seller is obligated to complete but has not yet been 438 completed and capital improvement work either scheduled or in process on the date of this Contract; 439 C3 10.6.1.9. All insurance policies pertaining to the Property and copies of any claims which have been made 440 for the past 2 years; 441 X❑ 10.6.1.10. Soils reports,Surveys and engineering reports or data pertaining to the Property(if not delivered 442 earlier under§ 8.3); CBS3.5-13.CONTRACT TO BUY AND SELL REAL ESTATE(COMMERCIAL) 10/292014 13;53 Page 9 of 17 Buyer init1nt Y Scllcr initials 443 ❑X 10.6.1.11. Any and all existing documentation and reports regarding Phase I and II environmental reports, 444 letters,test results,advisories,and similar documents respective to the existence or nonexistence of asbestos,PCB transformers,or 44.5 other toxic hazardous or contaminated substances,and/or underground storage tanks and/or radon gas.If no reports are in Seller's 446 possession or known to Seller,Seller warrants that no such reports are in Seller's possession or known to Seller; 447 0 10.6.1.12. Any Americans with Disabilities Act reports,studies or surveys concerning the compliance of 448 the Property with said Act; 449 © 10.6.1.13. All permits,licenses and other building or use authorizations issued by any governmental 450 authority with jurisdiction over the Property and written notice of any violation of any such permits,licenses or use authorizations, 451 if any;and 452 10.6.1.14. Other documents and information: 453 Any pertinent documents in Seller's possession. 454 455 10.6.2. Due Diligence Documents Review and Objection. Buyer has the right to review and object to Due 456 Diligence Documents.If the Due Diligence Documents are not supplied to Buyer or are unsatisfactory in Buyer's sole subjective 457 discretion,Buyer may,on or before Due Diligence Documents Objection Deadline(§3): 458 10.6.2.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated;or 459 10.6.2.2. Due Diligence Documents Objection. Deliver to Seller a written description of any 460 unsatisfactory Due Diligence Documents that Buyer requires Seller to correct. 461 10.63. Due Diligence Documents Resolution. If a Due Diligence Documents Objection is received by Seller,on 462 or before Due Diligence Documents Objection Deadline(§3),and if Buyer and Seller have not agreed in writing to a settlement 463 thereof on or before Due Diligence Documents Resolution Deadline(§3)this Contract will terminate on Due Diligence 464 Documents Resolution Deadline(§3)unless Seller receives Buyer's written withdrawal of the Due Diligence Documents 465 Objection before such termination,i.e.,on or before expiration of Due Diligence Documents Resolution Deadline(§3). 466 10.6.4. Zoning. Buyer has the Right to Terminate under§25.1,on or before Due Diligence Documents Objection 467 Deadline(§3),based on any unsatisfactory zoning and any use restrictions imposed by any governmental agency with jurisfction 468 over the Property,in Buyer's sole subjective discretion. 469 10.6.5. Due Diligence—Environmental,ADA. Buyer has tire right to obtain environmental inspections of the 470 Property including Phase I and Phase II Environmental Site Assessments,as applicable. ❑ Seller El Buyer will order or provide 471 © Phase I Environmental Site Assessment, O Phase II Environmental Site Assessment(compliant with ASTM El 527-05 472 standard practices for Environmental Site Assessments)and/or X❑ Any environmental studies deemed necessary by Buyer.,at the expense of El Seller El 473 Buyer(Environmental Inspection).In addition,Buyer,at Buyer's expense,may also conduct an evaluation whether the Property 474 complies with the Amer/cn is with Disabilities Act(ADA Evaluation). All such inspections and evaluations must be conducted at 475 such times as are mutually agreeable to minimize the interruption of Seller's and any Seller's tenants' business uses of the 476 Property,if any. 477 If Buyer's Phase 1 Environmental Site Assessment recommends a Phase II Environmental Site Assessment,the 478 Environmental Inspection Objection Deadline(§3)will be extended by 30 days(Extended Environmental Inspection 479 Objection Deadline)and if such Extended Environmental Inspection Objection Deadline extends beyond the Closing Date(§3), 480 the Closing Date(§3)will be extended a like period of time.In such event, ❑ Seller Cl Buyer must pay the cost for such Phase 481 II Environmental Site Assessment. 482 Notwithstanding Buyer's right to obtain additional environmental inspections of the Property in this§ 10.6.5,Buyer has the 483 Right to Terminate under§25.1,on or before Environmental Inspection Objection Deadline(§3),or if applicable the Extended 484 Environmental Inspection Objection Deadline,based on any unsatisfactory results of Environmental Inspection,in Buyer's sole 485 subjective discretion. 486 Buyer has the Right to Terminate under§ 25.1,on or before ADA Evaluation Objection Deadline(§3),based on any 487 unsatisfactory ADA Evaluation,in Buyer's sole subjective discretion. 488 10.7. Conditional Upon Sale of Property. This Contract is conditional upon the sale and closing of that certain property 489 owned by Buyer and commonly known as N/A.Buyer has the Right to Terminate under§25.1 490 effective upon Seller's receipt of Buyer's Notice to Terminate on or before Conditional Sale Deadline(§3)if such property is not 491 sold and closed by such deadline. This§ 10.7 is for the sole benefit of Buyer. If Seller does not receive Buyer's Notice to 492 Terminate on or before Conditional Sale Deadline(§3),Buyer waives any Right to Terminate under this provision. 493 10.8. Existing Leases;Modification of Existing Leases;New Leases. Seller states that none of the Leases to be assigned 494 to the Buyer at the time of Closing contain any rent concessions,rent reductions or rent abatements except as disclosed in the 495 Lease or other writing received by Buyer. Seller will not amend,alter,modify,extend or cancel any of the Leases nor will Seller 496 enter into any new leases affecting the Property without the prior written consent of Buyer,which consent will not be unreasonably 497 withheld or delayed. Cn53-a-13.CONTR O BUY AND SELL REAL ES PATE(COMMERCIAL) 10/29/2014 13:53 !n,[[/ Page 10 or 17 Buyer Infants Seller truants ' v` 498 11. TENANT ESTOPPEL STATEMENTS. 499 11.1. Tenant Estoppel Statements Conditions. Buyer has the right to review and object to any Estoppel Statements. 500 Seller must obtain and deliver to Buyer on or before Tenant Estoppel Statements Deadline(§3),statements in a form and 501 substance reasonably acceptable to Buyer,from each occupant or tenant at the Property(Estoppel Statement)attached to a copy of 502 the Lease stating: 503 11.1.1. The commencement date of the Lease and scheduled termination date of the Lease; 504 11.1.2. Thal said Lease is in full force and effect and that there have been no subsequent modifications or 505 amendments; 506 11.13. The amount of any advance rentals paid,rent concessions given,and deposits paid to Seller, 507 11.1.4. The amount of monthly(or other applicable period)rental paid to Seller; 508 11.1.5. That there is no default under the terms of said Lease by landlord or occupant;and 509 11.1.6. That the Lease to which the Estoppel is attached is a true,correct and complete copy of the Lease demising 510 the premises it describes. .511 11.2. Tenant Estoppel Statements Objection. Buyer has the Right to Terminate under§25.1,on or before Tenant 512 Estoppel Statements Objection Deadline(§3),based on any unsatisfactory Estoppel Statement,in Buyer's sole subjective 513 discretion,or if Seller fails to deliver the Estoppel Statements on or before Tenant Estoppel Statements Deadline(§3).Buyer 514 also has the unilateral right to waive any unsatisfactory Estoppel Statement. 515 516 CLOSING PROVISIONS 517 12. CLOSING DOCUMENTS,INSTRUCTIONS AND CLOSING. 518 12.1. Closing Documents and Closing Information. Seller and Buyer will cooperate with the Closing Company to 5l9 enable the Closing Company to prepare and deliver documents required for Closing to Buyer and Seller and their designees.If 520 Buyer is obtaining a new loan to purchase the Property,Buyer acknowledges Buyer's lender is required to provide the Closing 521 Company,in a timely manner,all required loan documents and financial information concerning Buyer's new loan.Buyer and 522 Seller will furnish any additional information and documents required by Closing Company that will be necessary to complete this 523 transaction.Buyer and Seller will sign and complete all customary or reasonably required documents at or before Closing. 524 12.2. Closing Instructions. Colorado Real Estate Commission's Closing Instructions D Are ® Are Not executed with 525 this Contract 526 12.3. Closing. Delivery of deed from Seller to Buyer will be at closing(Closing).Closing will be on the date specified as 527 the Closing Date(§3)or by mutual agreement at an earlier date. The hour and place of Closing will be as designated by 528 Mutual agreement of Buyer, Seller, and Title Company. 529 12.4. Disclosure of Settlement Costs. Buyer and Seller acknowledge that costs,quality,and extent of service vary 530 between different settlement service providers(e.g.,attorneys,lenders,inspectors and title companies). 531 13. TRANSFER OF TITLE. Subject to tender of payment at Closing as required herein and compliance by Buyer with the 532 other terms and provisions hereof,Seller must execute and deliver a good and sufficient General Warranty deed 533 to Buyer,at Closing,conveying the Property Free and clear of all taxes except the general taxes for the year of Closing. Except as 534 provided herein,title will be conveyed free and clear of all liens,including any governmental liens for special improvements 535 installed as of the date of Buyer's signature hereon,whether assessed or not. Title will be conveyed subject to: 536 13.1. Those specific Exceptions described by reference to recorded documents as reflected in the Title Documents 537 accepted by Buyer in accordance with Record Title(§ 8.2), 538 13.2. Distribution utility easements(including cable TV), 539 13.3. Those specifically described rights of third parties not shown by the public records of which Buyer has actual 540 knowledge and winch were accepted by Buyer in accordance with Off-Record Title(§8.3)and Current Survey Review(§9), 541 13.4. Inclusion of the Property within any special taxing district,and 542 U.S. Other None. 543 14. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid will be paid at or before Closing From the 544 proceeds of this transaction or from any other source. 545 15. CLOSING COSTS,CLOSING FEE,ASSOCIATION FEES AND TAXES. 546 15.1. Closing Costs. Buyer and Seller must pay,in Good Funds, their respective closing costs and all other items required 547 to be paid at Closing,except us otherwise provided herein. 548 15.2. Closing Services Fee. The fee for real estate closing services must be paid at Closing by ❑ Buyer ❑ Seller 549 ❑X One-Half by Buyer and One-Half by Seller ❑ Other N/A. 550 15.3. Status Letter and Record Change Fees. Any fees incident to the issuance of Association's statement of C053-8-13.CONTR T TO BUY AND SELL REAL ESTATE(COMMERCIAL) 1029201-013:53 ) Page it or 17 Buyer Initials Seller inIlials 551 assessments(Status Letter)must be paid by O Buyer O Seller ❑ One-Half by Buyer and One-Half by Seller ❑ None. 552 Any record change fee assessed by the Association including,but not limited to,ownership record transfer fees regardless of name 553 or title of such fee(Association's Record Change Fee)must be paid by ❑ Buyer ❑ Seller ❑ One-Half by Buyer and One- 554 Half by Seller O None. 555 15.4. Local Transfer Tax. ❑ The Local Transfer Tax of N/A %of the Purchase Price must be paid at Closing by 556 O Buyer ❑ Seller ❑ One-Half by Buyer and One-Half by Seller O None. 557 15.5. Private Transfer Fee. Private transfer fees and other fees due to a transfer of the Property,payable at Closing,such 558 as community association fees,developer fees and foundation fees,must be paid at Closing by O Buyer O Seller ❑ One- 559 Half by Buyer and One-Half by Seller ❑ None.The Private Transfer fee, whether one or more,is for the following 560 association(s):N/A in the total amount of N/A %of the Purchase 561 Price or$ N/A. 562 15.6. Water Transfer Fees. The Water Transfer Fees can change.The fees,as of the date of this Contract,do not exceed 563 $ N/A for: 564 ❑ Water Stock/Certificates ❑ Water District 565 ❑ Augmentation Membership O Small Domestic Water Company O N/A 566 and must be paid at Closing by O Buyer O Seller ❑ One-Half by Buyer and One-Half by Seller ❑ None. 567 15.7. Sales and Use Tax. Any sales and use tax that may accrue because of this transaction must be paid when due by O 568 Buyer O Seller O One-Half by Buyer and One-Half by Seller O None. 569 16. PROBATIONS. The following will be prorated to Closing Dale(§3),except as otherwise provided: 570 16.1. Taxes. Personal property taxes,if any,special taxing district assessments,if any,and general real estate taxes for the 571 year of Closing,based on ❑ Taxes for the Calendar Year Immediately Preceding Closing ❑7t Most Recent Mill Levy and 572 Most Recent Assessed Valuation,or ❑ Other N/A. 573 16.2. Rents. Rents based on ❑ Rents Actually Received O Accrued. At Closing,Seller will transfer or credit to 574 Buyer the security deposits for all Leases assigned,or any remainder after lawful deductions,and notify all tenants in writing of 575 such transfer and of the transferee's name and address. Seller must assign to Buyer all Leases in effect at Closing and Buyer must 576 assume Seller's obligations under such Leases. 577 16.3. Association Assessments. Current regular Association assessments and dues(Association Assessments)paid in 578 advance will be credited to Seller at Closing. Cash reserves held out of the regular Association Assessments for deferred 579 maintenance by the Association will not be credited to Seller except as may be otherwise provided by the Governing Documents. 580 Buyer acknowledges that Buyer may be obligated to pay the Association,at Closing,an amount for reserves or working capital. 581 Any special assessment assessed prior to Closing Date(§3)by the Association will be the obligation of ❑ Buyer O Seller. 582 Except however,any special assessment by the Association for improvements that have been installed as of the date of Buyer's 583 signature hereon,whether assessed prior to or after Closing,will be the obligation of Seller. Seller represents that the Association 584 Assessments are currently payable at approximately$N/A per N/A and that there are no unpaid regular 585 or special assessments against the Property except the current regular assessments and N/A.Such 586 assessments are subject to change as provided in the Governing Documents. Seller agrees to promptly request the Association to 587 deliver to Buyer before Closing Date(§3)a current Status Letter. 588 16.4. Other Proratlons. Water and sewer charges,propane,interest on continuing loan,and Any prorations normal to the sale of an office building in the City of Greeley. 589 16.5. Final Settlement. Unless otherwise agreed in writing,these prorations are final. 590 17. POSSESSION. Possession of the Property will be delivered to Buyer on Possession Date(§3)at Possession Time(§3), 591 subject to the Leases as set forth in § 10.6.1.7. 592 593 If Seller,after Closing,fails to deliver possession as specified,Seller will be subject to eviction and will be additionally liable 594 to Buyer for payment of$100.00 per day(or any part of a day notwithstanding§ 18.1) from Possession Date(§3)and 595 Possession Time(§3)until possession is delivered. 596 597 GENERAL PROVISIONS 1 598 18. DAY;COMPUTATION OF PERIOD OF DAYS,DEADLINE. 599 18.1. Day. As used in this Contract,the term"day"means the entire day ending at 11:59 p.m.,United States Mountain 600 Time(Standard or Daylight Savings as applicable). 601 18.2. Computation of Period of Days,Deadline. In computing a period of days,when the ending date is not specified, 602 the first day is excluded and the last day is included(e.g.,three days after MEC).If any deadline fulls on a Saturday,Sunday or CBS3-8-13.CONTRACT TO BUY AND SELL REAL ESTATE(COMMERCIAL) 10129/2014 13:53 ') de, Page 12 of 17 Buyer lnlllul Seller Initials 603 federal or Colorado state holiday(Holiday),such deadline at Will ❑ Will Nat be extended to the next day that is not a 604 Saturday,Sunday or Holiday. Should neither box be checked,the deadline will not be extended. 605 19. CAUSES OF LOSS,INSURANCE;DAMAGE TO INCLUSIONS AND SERVICES;CONDEMNATION;AND 606 WALK-THROUGH.Except as otherwise provided in this Contract,the Property,Inclusions or both will be delivered in the 607 condition existing as of the dale of this Contract,ordinary wear and tear excepted. 608 19.1. Causes of Loss,Insurance. In the event the Property or Inclusions are damaged by fire,other perils or causes of 609 loss prior to Closing in an amount of not more than ten percent of the total Purchase Price(Property Damage),Seller is obligated 610 to repair the same before Closing Date(§3).Buyer has the Right to Terminate under§25.1,on or before Closing Date(§3), if 611 the Property Damage is not repaired before Closing Date(§3)or if the damage exceeds such sum.Should Buyer elect to carry out 612 this Contract despite such Property Damage,Buyer is entitled to a credit at Closing for all insurance proceeds that were received 613 by Seller(but not the Association,if any)resulting From such damage to the Property and Inclusions,plus the amount of any 614 deductible provided for in such insurance policy.Such credit must not exceed the Purchase Price. In the event Seller has not 615 received such insurance proceeds prior to Closing,the parties may agree to extend the Closing Date(§3)or,at the option of 616 Buyer,Seller must assign such proceeds at Closing,plus credit Buyer the amount of any deductible provided for in such insurance 617 policy,but not to exceed the total Purchase Price. 618 19.2. Damage,Inclusions and Services. Should any Inclusion or service(including utilities and communication 619 services),system,component or fixture of the Property(collectively Service),e.g.,heating or plumbing,fail or be damaged 620 between the date of this Contract and Closing or possession,whichever is earlier,then Seller is liable for the repair or replacement 621 of such Inclusion or Service with a unit of similar size,age and quality,or an equivalent credit,but only to the extent that the 622 maintenance or replacement of such Inclusion or Service is not the responsibility of the Association,if any, less any insurance 623 proceeds received by Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or 624 replaced on or before Closing or possession,whichever is earlier,Buyer has the Right to Terminate under§25.1,on or before 625 Closing Date(§3),or,at the option of Buyer,Buyer is entitled to a credit at Closing for the repair or replacement of such 626 Inclusion or Service. Such credit must not exceed the Purchase Price. If Buyer receives such a credit,Seller's right for any claim 627 against the Association,if any,will survive Closing. Seller and Buyer are aware of the existence of pre-owned home warranty 628 programs that may be purchased and may cover the repair or replacement of such Inclusions. 629 19.3. Condemnation. In the event Seller receives actual notice prior to Closing that a pending condemnation action may 630 result in a taking of all or part of the Property or Inclusions,Seller must promptly notify Buyer,in writing,of such condemnation 631 action.Buyer has the Right to Terminate under§25,1,on or before Closing Date(§3),based on such condemnation action,in 632 Buyer's sole subjective discretion.Should Buyer elect to consummate this Contract despite such diminution of value to the 633 Property and Inclusions,Buyer is entitled to a credit at Closing for all condemnation proceeds awarded to Seller for the diminution 634 in the value of the Property or Inclusions but such credit will not include relocation benefits or expenses,or exceed the Purchase 635 Price. 636 19.4. Walk-Through and Verification of Condition. Buyer,upon reasonable notice,has the right to walk through the 637 Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this Contract. 638 20. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this Contract,Buyer and Seller acknowledge 639 that the respective broker has advised that this Contract has important legal consequences and has recommended the examination 640 of title and consultation with legal and tax or other counsel before signing this Contract. 641 21. TIME OF ESSENCE,DEFAULT AND REMEDIES. Time is of the essence hereof. If any note or check received as 642 Earnest Money hereunder or any other payment due hereunder is not paid,honored or tendered when due,or if any obligation 643 hereunder is not performed or waived as herein provided,the nondefaulting party has the following remedies: 644 21.1. If Buyer is in Default: 645 ❑ 21.1.1. Specific Performance. Seller may elect to treat this Contract as canceled,in which case all Earnest Money 646 (whether or not paid by Buyer)will be paid to Seller and retained by Seller;and Seller may recover such damages as may be 647 proper;or Seller may elect to treat this Contract as being in full force and effect and Seller has the right to specific performance or 648 damages,or both. 649 21.1.2. Liquidated Damages,Applicable. This§21.1.2 applies unless the box in§21.1.1. is checked. All 650 Earnest Money(whether or not paid by Buyer)will be paid to Seller,and retained by Seller. Both parties will thereafter be released 651 from all obligations hereunder. It is agreed that the Earnest Money specified in§4.1 is LIQUIDATED DAMAGES,and not a 652 penalty,which amount the parties agree is fair and reasonable and(except as provided in§§ 10.4,22,23 and 24),said payment of 653 Earnest Money is SELLER'S ONLY REMEDY for Buyer's failure to perform the obligations of this Contract. Seller expressly 654 waives the remedies of specific performance and additional damages. 655 21.2. If Seller is in Default: Buyer may elect to treat this Contract as canceled,in which case all Earnest Money received C053-8-13.CONTRACT TO BUY AND SELL REAL ESTATE(COMMERCIAL) W/2912014 13:53 Page 13 of 17 Buyer hdliols Jv A Seller Initials 656 hereunder will be returned and Buyer may recover such damages as may be proper,or Buyer may elect to treat this Contract as 657 being in full force and effect and Buyer has the right to specific performance or damages,or both. 658 22. LEGAL FEES,COST AND EXPENSES. Anything to the contrary herein notwithstanding,in the event of any arbitration 659 or litigation relating to this Contract,prior to or after Closing Date(§3),the arbitrator or court must award to the prevailing party 660 all reasonable costs and expenses,including attorney fees,legal fees and expenses. 661 23. MEDIATION. If a dispute arises relating to this Contract,prior to or after Closing,and is not resolved,the parties must first 662 proceed in good faith to submit the matter to mediation. Mediation is a process in which the parties meet with an impartial person 663 who helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions.The parties to the 664 dispute must agree,in writing,before any settlement is binding.The parties will jointly appoint an acceptable mediator and will 665 share equally in the cost of such mediation.The mediation,unless otherwise agreed,will terminate in the event the entire dispute is 666 not resolved within thirty days of the date written notice requesting mediation is delivered by one party to the other at the party's 667 last known address.This section will not alter any date in this Contract,unless otherwise agreed. 668 24. EARNEST MONEY DISPUTE. Except as otherwise provided herein,Earnest Money Holder must release the Earnest 669 Money following receipt of written mutual instructions,signed by both Buyer and Seller. In the event of any controversy regarding 670 the Earnest Money,Earnest Money Holder is not required to release the Earnest Money. Earnest Money Holder,in its sole 671 subjective discretion,has several options: (1)wait for any proceeding between Buyer and Seller;(2)interplead all parties and 672 deposit Earnest Money into a court of competent jurisdiction,(Earnest Money Holder is entitled to recover court costs and 673 reasonable attorney and legal fees incurred with such action);or(3)provide notice to Buyer and Seller that unless Earnest Money 674 Holder receives a copy of the Summons and Complaint or Claim(between Buyer and Seller)containing the case number of the 675 lawsuit(Lawsuit)within one hundred twenty days of Earnest Money Holder's notice to the parties,Earnest Money Holder is 676 authorized to return the Earnest Money to Buyer. In the event Earnest Money Holder does receive a copy of the Lawsuit,and has 677 not interpled the monies at the time of any Order,Earnest Money Holder must disburse the Earnest Money pursuant to the Order 678 of the Court.The parties reaffirm the obligation of Mediation(§23).This Section will survive cancellation or termination of this 679 Contract. 680 25. TERMINATION. 681 25.1. Right to Terminate. If a party has a right to terminate,as provided in this Contract(Right to Terminate),the 682 termination is effective upon the other party's receipt of a written notice to terminate(Notice to Terminate),provided such written 683 notice was received on or before the applicable deadline specified in this Contract.If the Notice to Terminate is not received on or 684 before the specified deadline,the party with the Right to Terminate accepts the specified matter,document or condition as 685 satisfactory and waives the Right to Terminate under such provision. 686 25.2. Effect of Termination. In the event this Contract is terminated,all Earnest Money received hereunder will be 687 returned and the parties are relieved of all obligations hereunder,subject to§§ 10.4,22,23 and 24. 688 26. ENTIRE AGREEMENT,MODIFICATION,SURVIVAL. This Contract,its exhibits and specified addenda,constitute 689 the entire agreement between the parties relating to the subject hereof,and any prior agreements pertaining thereto,whether oral or 690 written,have been merged and integrated into this Contract.No subsequent modification of any of the terms of this Contract is 691 valid,binding upon the parties,or enforceable unless made in writing and signed by the parties. Any right or obligation in this 692 Contract that,by its terms,exists or is intended to be performed after termination or Closing survives the same. 693 27. NOTICE,DELIVERY,AND CHOICE OF LAW. 694 27.1. Physical Delivery. All notices must be in writing,except as provided in§27.2, Any document, including a signed 695 document or notice,from or on behalf of Seller,and delivered to Buyer is effective when physically received by Buyer,any 696 signatory on behalf of Buyer,any named individual of Buyer,any representative of Buyer,or Brokerage Firm of Broker working 697 with Buyer(except for delivery,after Closing,of the notice requesting mediation described in§23 and except as provided in 698 §27.2). Any document,including a signed document or notice,from or on behalf of Buyer,and delivered to Seller is effective 699 when physically received by Seller,any signatory on behalf of Seller,any named individual of Seller,any representative of Seller, 700 or Brokerage Finn of Broker working with Seller(except for delivery,after Closing,of the notice requesting mediation described 701 in§23 and except as provided in§27.2). 702 27.2. Electronic Delivery. As an alternative to physical delivery,any document,including a signed document or written 703 notice may be delivered in electronic form only by the following indicated methods: O Facsimile I Email 704 0 Internet.IF no box is checked,this§27.2 is not applicable and§27.1 governs notice and delivery. Documents with original 705 signatures will be provided upon request of any party. 706 27.3. Choice of Law. This Contract and alt disputes arising hereunder are governed by and construed in accordance with C➢53.9.13.CONTRACT O BUY AND SELL REAL ESTATE(COMMERCIAL) 10/29(2014 13:53 Pug:14 of 17 (foyer WINE' Seller Initinls )' 707 the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado for property 708 located in Colorado. 709 28. NOTICE OF ACCEPTANCE,COUNTERPARTS. This proposal will expire unless accepted in writing,by Buyer and 710 Seller,as evidenced by their signatures below,and the offering party receives notice of such acceptance pursuant to§27 on or 711 before Acceptance Deadline Date(§3)and Acceptance Deadline Time(§3).If accepted,this document will become a contract 712 between Seller and Buyer. A copy of this Contract may be executed by each party,separately,and when each party has executed a 713 copy thereof,such copies taken together are deemed to be a full and complete contract between the parties. 714 29. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith including,but not 715 limited to,exercising the rights and obligations set forth in the provisions of Financing Conditions and Obligations(§5),Title 716 Insurance,Record Title and Off-Record Title(§8),Current Survey Review(§9)and Property Disclosure,Inspection, 717 Indemnity,Insurability and Due Diligence(§ 10). 718 719 ADDITIONAL PROVISIONS AND ATTACHMENTS 720 30. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate 721 Commission.) 722 A) This contract is contingent upon the approval of the Weld County Commissioners. B) DUE DILIGENCE PERIOD: Buyer has 45 days from Mutual Execution of Contract (NEC) to fully inspect the property, title, unrecorded property facts, easements, egress/ingress, environmental, zoning for intended use, existing survey/plats, RVAC, utilities/wells/sump pumps/septic tanks and any other item Buyer deems necessary, in Buyer's sole opinion, to accept property "as-is, where-is". Should Buyer, in Buyer's sole opinion, determine any finding unsatisfactory, Buyer may rescind the purchase agreement and Immediately have the Earnest Money refunded. C) All mineral 6 mining rights, if any shall be transferred to Buyer at closing and be noted in deed. 723 724 725 31. ATTACHMENTS. 726 31.1. -The following attachments are a part of this Contract 727 N/A 728 729 730 731 31.2. The following disclosure forms are attached but are not a part of this Contract: 732 N/A 733 734 735 SIGNATURES Buyer's Name: Weld County Colorado �dydr's�Si?nata D (ROA-A�o-rJlU iy.jo�� CBS3-843.CONTRA TO BUY AND SELL REAL ESTATE(COMMERCIAL) 10/29)2014 13:53 // Page IS of 17 Dwyer lnlll rs saner Initials 7)/�'�ills // Address: 1150 0 Street Greeley, CO 80631 Phone No.: N/A Fax No.: N/A Electronic Address: N/A 736 [NOTE:If this offer is being countered or rejected,do not sign this document.Refer to§321 Seller's Name: Hertzke Family Limited Partnership 1/3/(V Sel is Signature Lawrence 8ertzke Date Address: 427 Pelican Cove Windsor, CO 80550 Phone No,: Fax No.: Electronic Address: - 737 32. COUNTER;REJECTION. This offer is ❑ Countered 0 Rejected. 738 Initials only of party(Buyer or Seller)who countered or rejected offer 739 END OF CONTRACT TO BUY AND SELL REAL ESTATE 33.BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. (To be completed by Broker working with Buyer) Broker 0 Does 0 Does Not acknowledge receipt of Earnest Money deposit and,while not a party to the Contract,agrees to cooperate upon request with any mediation concluded under§23.Broker agrees that if Brokerage Firm is the Earnest Money Holder and,except as provided in§24,if the Earnest Money has not already been returned following receipt of a Notice to Terminate or other written notice of termination,Earnest Money Holder will release the Earnest Money as directed by the written mutual instructions. Such release of Earnest Money will be made within five days of Earnest Money Holder's receipt of the executed written mutual instructions,provided the Earnest Money check has cleared. Broker is working with Buyer as a 0 Buyer's Agent 0 Seller's Agent 0 Transaction-Broker in this transaction. 0 This is a Change of Status. Brokerage Firm's compensation or commission is to be paid by 0 Listing Brokerage Firm 0 Buyer ❑ Other N/A. Brokerage Firm's Name: Wheeler Management Group Broker's Name: Ron Randel, CCIM/Jim Vetting, CCIM Broker's Signature: Date C11S3-s-13,CONTRACT'1'O UU1'AND SELL REAL ESTATE(COMMERCIAL) Ia/29/20W 13153^�� Page it or 17 Buyer initials r /�/jJj Seller initials�j.,YL Address: 1130 38th Avenue, Suite B Greeley, CO 80634 Phone No.: (970)352-5860 • Fax No.: (970)352-0117 Electronic Address: N/A 34.BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. (To be completed by Broker working with Seller) Broker 0 Does ❑Does Not acknowledge receipt of Earnest Money deposit and,while not a party to the Contract,agrees to cooperate upon request with any mediation concluded under§23.Broker agrees that if Brokerage Firm is the Earnest Money Holder and,except as provided in§24,if the Earnest Money has not already been returned following receipt of a Notice to Terminate or other written notice of termination,Earnest Money Holder will release the Earnest Money as directed by the written mutual Instructions.Such release of Earnest Money will he made within five days of Earnest Money Holder's receipt of the executed written mutual instructions,provided the Earnest Money check has cleared. Broker is working with Seller as a ❑ Seller's Agent ❑ Buyer's Agent 0 Transaction-Broker in this transaction. ❑ This is a Change of Status. Brokerage Finn's compensation or commission is to be paid by ❑ Seller ❑ Buyer ❑ Other N/A. Brokerage Firm's Name: Property Technica Broker's Name: Da South Ir Broker's Signature: Date Address: 1719 9th St. Greeley, CO 80631 Phone No.: (970)352-2998 Fax No.: (970)352-3780 Electronic Address: ateve@propertytechinca.com 740 CBS3-8-13.CONTRACT TO BUY AND SELL.REAL ESTATE(COMMERCIAL) I 0t29/2014 13:53 Page 17 or 17 �� Buyer Initials Seller initials Wheeler Management Group R 1130 38th Avenue,Suite B GEMENT Greeley,CO 80634 GROUP,INC Phone: (970)352-5860 Fax: (970)352-0117 www.wheelermgt.com 1 I The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission. 2 I (AE41-8-13)(Mandatory 1-14) 3 4 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR 5 OTHER COUNSEL BEFORE SIGNING.OK 6 7 AGREEMENT TO AMEND/EXTEND CONTRACT 8 9 Date: December 3, 2014 10 11 1. This agreement amends the contract dated October 29, 2014 (Contract),between 12 Hertzke Family Limited Partnership(Seller),and Weld County Colorado 13 (Buyer),relating to the sale and purchase of the following legally described real estate in the County of Weld, 14 Colorado: 15 GR 5223 S140FT L9-10 & W2OFT of S140FT L11 Blk77-approximately 16,553 SF 16 Building and approximately .38 Acre lot. 17 18 known as No. 1024 9th Ave Greeley CO 8063I (Property). 19 Street Address City State Zip 20 21 NOTE: if the table is omitted,or if any item is left blank or is marked in the"No Change"column,it means no change to 22 the corresponding provision of the Contract. If any item is marked in the"Deleted"column,it means that the 23 corresponding provision of the Contract to which reference is made is deleted. 24 25 2. §3. DATES AND DEADLINES.[Note:This table may be omitted if inapplicable.] OMI TTED AS INAPPLICABLE. 26 27 3. Other dates or deadlines set forth in the Contract are changed as follows: 28 No Change 29 30 31 4. Additional amendments: 32 A) Seller's name shall be corrected to Hertzke Family Limited Partnership II LLLP. B) Seller agrees to first notify the current Tenants on or about Dec 18th (after the Buyer has received the Due Diligence Documents and approved of them) . This notice would inform the tenants of the impending sale of the building; the date of closing; and that they will need to vacate 30-days after the closing. The Seller also agrees to send a second notice on the closing date confirming that the closing occurred and that the 30-day clock has started and that the tenants will need to vacate on date xx/xx/2015 (the specific date 30 days from closing will be inserted) . 33 34 35 All other terms and conditions of the Contract remain the same. 36 37 AE41.8-13.A(:Rf:r NNE O AMEND/EXTEND CONTRACT 121312(1'.1 13:20 Page I of 2 Buyer initials Srller initials 38 This proposal expires unless accepted in writing by Seller and Buyer as evidenced by their signatures below and the offering party 39 to this document receives notice of such acceptance on or before December 10, 2014 5:00pm MDT 40 41 Date Time 42 Buyer's Name: Weld County Colorado gtorLlprlQ� /ilffry Buyer's Signature Date Seller's Name: Lawrence Hert zke Seller's Signature 43 Date AE41-8-13.ACRIENIGNT TO AMEND/EXTEND CONTRACT 12/3/211i4 13.20 (,�"�.., Page 2 oft Buyer initials 11 �7 Seller initials Hello