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Home My WebLink About20143074.tiff CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD The UNIFIED TITLE COMPANY OF NORTHERN COLORADO hereby certifies that it has made a careful search of its records, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION.Lot A of Recorded Exemption No. 0808-30-1 RE-5078 recorded May 19, 2011 at Reception No. 3769656, being a part of the East Half of the Northwest Quarter and the West Half of the Northeast Quarter of Section 30, Township 6 North, Range 66 West of the 61h P.M., County of Weld, State of Colorado. CONVEYANCES (if none appear, so state) 1, Deed recorded May 6, 1964 in Book 514 at Reception No. 1435546. 2. Quit Claim Deed recorded December 14, 1978 in Book 854 at Reception No. 1775858. 3. Quit Claim Deed recorded July 21, 1983 in Book 1002 at Reception No. 1934315. 4. Quit Claim Deed recorded January 2, 2003 at Reception No. 3020319. 5. Personal Representative's Deed recorded January 2, 2003 at Reception No. 3020320. 6. Personal Representative's Deed recorded January 2, 2003 at Reception No. 3020322. 7. Personal Representative's Deed recorded April 15, 2004 at Reception No. 3170670. 8. Warranty Deed recorded April 15, 2004 at Reception No. 3170671. 9. Recorded Exemption map recorded May 19, 2011 at Reception No. 3769656. 10. Warranty Deed recorded January 17, 2014 at Reception No. 3990745. The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado, This certificate is not to be constructed as an Abstract of Title nor an opinion of Title, nor a guarantee Title and the liability of UNIFIED TITLE COMPANY OF NORTHERN COLORADO, is hereby limited to the fee paid for this Certificate. In Witness whereof, UNIFIED TITLE COMPANY OF NORTHERN COLORADO, has caused this certificate to be signed by its proper officer this 30th day of May, 2014 at 5:00 P.M. Company: UNIFIED TITLE COMPANY OF NO HERN COLORADO B t, 41 Ra dy W. Miller Authorized Signature • • � HS rot 514 a«,,,., . E4r/ MAY 6- 1564 Rocw i4:1554 Sett..,,Rewde. @IOW ALL MEN BY THESE PRESENTS, That .1— / RO%ENA VON TROTIIA of the County of Weld and State of Colorado, for theconsideration of other valuable consideration and Ten Dollars, in hand paid, hereby sells and conveys to ALFRED L. HARRINGTON AND NOW4A E. HARRINGTON, husband and wife, of Greeley, Weld County, Cokrado, as joint tenants and not as • tenants in comaon, as to an undivided one-half interest, and to EDWARD M. HARRINGTON AND ARWILDA B. HARRINGTON, husband and wife, of Greeley, Weld County, Colorado, as joint tenants and not as tenants in common, as to an undivided one-half interest, .the following described real property, situate in the County of Weld and State of Colorado, to-wit: All that part of the E 1/2 of the NW 1/4 and the W 1/2 of the NP. 1/4 of Section 30, Township 6 North, of Range 66 West of the 6th P.M., lying and being North of the right cf way of the Colorado and Southern Railway Company as said right of way now exists across said lend; also all that pert of the E 1/2 of the NW 1/4 and the W 1/2 of the NE 1/4 of Section 30, in Township 6 North of „ 4tr, , %; Range 66 West of the 6th P.M. lying south of the right of way and "beet dump" l of the Colorado and Southern Rdlroad,excepting: Beginning at the southeast ; corner of the SW 1/4 of the NE 1/4 of said section; thence running West 230 '', " feet; thence North to the right of way of the Colorado end Southern Railroad; “----m) thence southeasterly along said right of way to the east line of said SW 1/4 of ,IvillamiTIA1 the NE 1/4; thence south to the place of beginning; also excepting: Beginning at a " - point on the north line of the County Road distant 230 feet south 87' West from a point on the East boundary line of the SW 1/4 of the NE 1/4, 30 feet north of the southeast corner thereof; thence south 87' West along the North line of said County Road 362 feat; thence North 9' West 3R0 feet to the south boundary line of tho right of way of said Railroad Company; thence South 7S' 6' East along said line of right of way 419 feet; thence South 2' East 167 feet to the point of beginning; together with 3,43 acres more or less, from the Great Western Sugar • Company and rote particularly described as: That certain parcel of land lying I,u,ar nurxn,(• and being in the SW 1/4 of the NI! 1/4 of Section 30, Township 6 North, Range • ::n:45.7);" 5 West of the 6th P,M., described es follows; Beginning at a point on the North line of the County pond, which point !a 30 feat North and South 87' 00' West tS �S 245,2 feet from the Southeast corner of the SW 1/4 of the NE 1/4 of said Section; „ 7 thence along sand North line of said County Road South 87' 00' West 1051.8 feet . to a point; thence North ISO feet to a point; thence North 87' 00' East 681.3 • 1,�.,,, , feet to a point; thence North 9' 00' West 29.7 feet to a point; thence South �,�0 . ,�',Iy 77' 01' East 384.4 foot to a point; thence South 74 feet to point of beginning, cm containing in all 3.43 acres, more or less. ,e"rxm.,m_ And further, togetherdth a tract of land conveyed by Weld County Reorganized ' �JAr..,. School nistrict RE Pour, and more particularly described as: "A parcel of land In the W 1/2 of the NC 1/4 of Section 30, Township 6 North, Rang 66 West of ,1_ i' the 6th P.M., in Weld County, Colorado, described as follows: Beginning 30 feet West of the east line and 1676.5 feet south of the northeast corner of said W 1/2 \ a, `� AA. of the NO 1/4, thenco North 88' 10' West 209.7 feet, thence South I' 51' East 199.8• c`l' 1'i, feet, [hence South 86' 17' East 203.8 feet, thence North 205.1 foot to place of .X:,e1V l beginning, containing .96 acres, together with brick school building thereon and s[;4 Is; fences around same, hut this conveyance shall not include frame house, 2 car garage, and 2 WPA type toilets which have been sold off of said land." OM UNMAN UNMAN Together with 13 shores of the capital stock of The Whitney Irrigation Company, ;r with all its appurtenances, and warrant the title to the same, subject to �` the 1964 taxes payable in 1965. :;r1 m. 3111: dIS N • __ r1A:‘;.$4,4� ,rY+� •o- jt Wr a1`iir +.y r,{t 'cl P1,1 P4?nt,�?V, 1 `‘1\4P' rely'! %in �v��t1 R' + rcte," n' ff / %1 )t 1�1� j��v.�r�,ry yR�. C �.�r�(21�'rF •1 iF in�1 'cr ��Y.IU W\It7 eiN + 1iA .�i i onn.,1' 9 ky'D i� , �1 t i`t f, i1j - +'d''>f .. r A�' Tf('t�Aµ ;I �' r4�".$4:k Al u 111�1 1 %1�` 1� NA'y`' Ny u7a , .. _...S.....L • +i .:� . , c.1., ._2 ..""oFVSP';)I ><t 10? �'L ir 11=!dot 514 1435546 S ' � 1 IT IS NERDY DECLARED THAT THE ABOVE DESCRIBED PROPERTY IS CONVEYED IN JOINT TENMICY AS FOLLOWS: UNTO ALFRED L. HARRINGItti MD NORMA E. HARRINGRN as to an undivided one-half interest UNTO EDWARD H. HARRINGTON AND ARNI'LDA E. HARRINGTON u to en =divided one-half interest Signed and delivered this 29th day of April,1964. • ✓ ./�'�; ✓� la.rv?u )loxena Yo11 Troths .. STATE or COLORADO ) as. COUNTY OP WELD ) • The foregoing instrument was acknowledged before me this 29th dayof April, 1964, by Roans von TYotha. Witness q hand and off}dial seal. My commission expires - .110 Ar -...vim • wary bite or olArty .2. iv .i•. ,'f, v.r�'J.. ,n `\ t J n 1 c •• J J ' I . /I ''',14/e."' ' ry s r r_ rlr ' T r'•,•1•1,!-:',:t:It,4 Jr 14 Y r i 1 rS • ' Ifs q rl r r�'4 / ail/ 'ra+d- ?fat , t J IZtz hyr3 rt ". LC,'fl / :V .::• , Et Sc'fir pan 't' 1 ...yr.J'-8 rr,,,f.,4, ,I (� 11J,c rrl "I 1, . /9 Rrmrd.d t 5'- **clack P M. DEC 14 1978 • x854 Rvcavtn_N -1x7:,&+9_ —_7 II N —NCTON u ry c�59s41d. J_ ALFRED Ti, HARRINGTON AND ORMA E. H RINGTON ` — %---'— I II whose inkiness is 2126 14th Street, Greeley, CO 50631 Countyof Weld ,end State of _ 1 II Colorado °`r a forthe o olds tlnn of i other voluabld consideration and I ,.;, Tan —Dollarn,In hand paid, !I !.j (n ,1 hereby milks)and milt clnlm(n)to II ` I ALFRED L. 'HARRINGTON AND NORMA E. HARRINGTON Sa. whose address is 2126 14th St reel kf. ' I Greeley, CO 80671 rj, County of Weld ,and State ofColorado ,the following real =:, in I property,Dl the County of Weld ,and Stuteafcolorodo,to wit: I rig .f THE DESCRIPTION OF THE PROPERTY HEREBY CONVEYED IS ATTACHED i pjk,' HERETO AND MADE A PART HEREOF BY REFERENCE. -, I, I t'• • • !1•1 Inl i ll also known as street and number I! i if: Qi. with all Its uppurtenmwux Ply II i'ii'; Signed this 29th day of November on 78 ' !-7 OMiA'E-117,RA V �� '2I�Il STATE OF COLORADO, County of Weld Ills. The foregoing Instrument was acknowledged bolero mu this 29th • day of November .to 78 ,by ALFRED L. IIARRINOTON AND NORMA E. HARRINGTON, My eommlaalon aspires Csti-le,..I,/ft Witness my hand and official seal r. NomPtill, lr ; • tlLaaa. WIrRAIYDaaD-M,aMs-ruMne NNId1y4.,IrrbaMwawy LLn.o,rJ.,6.a144u,-1611 -.I, Yakcs:0`,•r(rnGt+Yj+LMct6 xs+;kf`IyrrH.is ¢isnWa t1'01 .,₹x•44,444`C{q(8^,re!f(toy0:4411t4., .ntTir'htlth)N'YrM1s 1.14vu!tTrrvrtilr,$, s ••r .:'.''''';•-2.:',:Ins...' t i f i7, f F`alCt i�a;t J lc. • ht ti �BySI34t. 7x'c . cif o S.".: aL t i5 4.4. J 1) ye) v iJ i sM NYI s1): i ^i L �,4 e 1 / `ss 'Ew ";:;4 NYC vA4p.{15s. �,'ytia.pli; ,/,Sot. 10C4h i-1 i- lyY;yaa fJ ' ' Iv Pie,-7S Jut d �'^ l2r Lt1v ! < .JJ /;7 0 • e rI,C dlyl a7 s - 1 is r , / FGtJM zi 'e . . '1 S II , t''T 1 - �,,IPv r/F�P 7'rC i 'y,n Y:/I, 1 5%1 r vt A Y''1: ktd 3' ` i /t•, 44 fit ' hit`s[J ayl1r, .1/41 i r.�, J sl l f 1' ' C/ 2,H,f iq. 1,'Weot s,,1�� Kly j5NkiVrij° r1 aJ4'�' 494 t�1e61v .i i 11 .:j? t f y,I. (Atf1t,Y�tt frtJ 5 .4ik' b11,'4 . .'t'( ;T io S >,{� .f.�,x ltt``-� T tf r n r�. ,+3 x a r r t tl f 11'x.' n O'f a l�'� , v 1!J 7 n i .�S 1Jp Y 4 r {S f i h f y Iv tt 1A Q}4en / v r 4n l), t.1 a, 1 , ",S s '-u.{a t i��..k hJlSWAN' . F .+? `O i Inr••k a rl'.f if lS�fc. '.1 sc' 1 M.t?y'..'k,ci7rn6 rt6 4w t . t 1' ) s� 4r.1{q /`I P+4�hj�.tia 'Ilc,cnl :C . .... - ,'�.6 ),. _ t .,......t �C�4At t. e.4rsiYfG�''..�( ,}/'�J, :Air 854 1775850 f';1' rANTO, UNDIVIDED ONE-HALF INTEREST IN AND 1:s, 71 !AIL: • ' '.II that port of the I. 1/2 of the Na 1/4 and the N 1/2 of the NE 1/4 of 1;;j'! "�'. .mien 3n, Township 6 Y � ai:l ,.,it, p ooh, of Calu do NW of the 6th e.31.,Company and sold �``TT Ir or the now t of way of th0 I:olornd; nod Southern Rnllwny Company es sold ",'•f,r `•� ,Ir ILL of way calm across sold lend; vino all that port of the f, 1/2 of:he NV 1/4 and the N 1/2 of the sr. 1/6 of Section 30, in Township 6 North of �'. '::else is Nest of the 6th P.N., 1vIn0 south of the right of way and "beet 'dump" of the ['Morelloand Southern Roll road,escepti ng; Aatlnning of the southeast .9-!: ..rtwr or the Sot 1/4 of the St 1/4 of said section; thence running Matt 230 �. rat; thence North to the right o/ aA�` ��(;� r. f way of the the en and Southern d I/Ii !:4A n . :.outhenrtcrly along sold right of on); to the east line of said SW IN of {�:he :Ill 1/4; thneac south to the place of beginning, also et ng: ' Nest ng at a '1 fJ :..slut no the north line of the County goad distant 230 fret south aT from }a'�� d...dui on the I.non boundary lino of the 5H 1/d of the NF 1/4, 30 feat north !d• the southeast corner thereof; thence south sr Nest n lent the North line of sold t�F`+ 1.4 .my ,:.,,,1 .W: /cot; thence North 9' Nest Jun foot to the south it,Iol on line of Rill rn,• eight ..r woo ..f y n hl Railroad Company; thence 50001 75' 6' East alone sold �t,tr'777 lawn of ril•hs way 619 feet; thence South Fast 167 foot to the point of Ki rnlnnllp•; thresher with 3,63 acres men or less, fro. the Grant Heston Sugar Will. •., ...Neatly and nary part lminrly dosrr/ to es; That certain parcel of lend lying . fl ,J soul heino In eh• Si 1/d of the Ne I/6I or Section 3u, Township 6 North, Ranee via':;F •w ...en of the 4th P.M., desert poi as Is 311 Beginning at n point on the North Luc of the Couury Rood, which point 70 feet North and South 87' 00' Nmt:6;.2 fret free the Southeast corner of the SW 1/4 of the Ng 1/4 of amid Section; •u t'lencr along snld North line of said County Rohl South g7' 00' Hest IPSI,S feet %r'^t., t;point; thence North ISO feet to a point; thenco North a7' 00' hoot 681.3 ;e! ' 'u cot Ina point thence North 9' On' Rest 29.7 foot to n point; thenco South 1 '1 'II' Imit 3154,4 feet to a point; thence South 74 fret to point of beginning. ry •l'^, ,u.U.iniol; In all 3.63 acres, none or Itss. §t'trl And further, w,te lherbith a tract of lend conveyed by Weld County N.ortnai ted 5 f�.�J, ..heel pr..i riot ;IL Dour, and port particularly described ass "A portal of land ` i.. lit. is 1/_ of the :rut 1/4 of Section 30, Township 6 North, Range 66 Nest of t'IN - 5 he mi. P,y., in held County, Colorado, described as follows: Siphoning 30 feat Nest won . the moot line and 1676,5 feet south of the northeast corner of said N 1/2 :.1.0.4 O .. the fl. 1/.I, thence North aa' h0' Nest 209.7 feet, thence South 1' SI' fart 197.3 7n'i• 1"c,, tbcoa• South AO 17' fast 201.0 feel, thence North IRS.I feet to piney of T'. ..::inn w;:, containing .96 acres, together with brick school building thereon and ',+:;" t.ners nn.mN sane, hot this conveyance shill not include frame house, 2 car •.mule, amt 3 618 Ipe toilets which have hoc, sold off of sold land." '�'4!' l,1:e'tl cr with 13 shares of the capital stock of The hb l tney Irrigation Coapnny. 4.;,.. I iu . LEGAL IT PROPERTY SITUATED NOVEMBER 29, 1978 NAMING ALFRED L.COLORADO ATTACHED • TO AND MADE A PART OP DEED DATEDi9. HARRINGTON AND NORMA E. HARRINGTON AS GRANTORS AND ALFRED L. HARRINGTON. lt+' Alm.NORMA E. HARRINGTON AS GRANTEES r'u;o-. Ii> s,1 r; 1.4• tj Y'AtAf"h.'_"1 i •3,31.61l ml ``a." J L G II Ti N `7"I ;1 Ss� H.t'f '' , 1 r } •'4.14�t�f li) o, 315tbl• ''4� . I�kJI Pet 31r J,. 1 ,11' ` v J 1317. . . ` •.n , + 3 G 4,kV4Ir.�i'''. '�ytWbl I ,Y,01 Il l.:f tl 411; T y ` 1 . I V �I s4 t Ii/e tjth {,A1151°u Js ts\tivlll` /t n ;e lA ,lyn 1A �1� 4AVii If � YI)1 ) fit .ell ' i; rill Y t h,7i1'' l\ II 1.1. ,Y 1 + ` " ' a '{ /1 IY,IJr }, Ir ,r, i7 .r f a 1 :0 >,I t r1,Y11 1 I,S t` .. fS1(2, e lao;i B 1002 REC 01934315 07/21/83 10:34 56.00 1/002 F 1514 MARY ANN FEUERSTEIN CLERK N RECORDER WELD CD, CO AR1934315 RECORDER'S STAMP THIS DEED. Made this A/5 yy de of ✓T '- ALFRED L HARRINGTON and NO A E. HARRINGTON, between an undivided 1/4 interest as tenants in comnon, and EDWARD M. HARRINGTON and ARWILDA B. HAR- RINGTON an undivided 1s interest as Joint tepanls, of the dounty of Weld endstate of Colorado,of the first part,and HARRINGTON BROTHERS REAL ESTATE PARTNERSHIP, LTD., whoselegeladdreeela 2126 — 14th Street, Greeley, Colorado 80631 of the County of Weld and state of Colorado,of the second pert, • WITNESSETH,That the said part i es.f the first part,for and in consideration of the sum of ten DOLLARS, to the said part I SSof the first pert In hand paid by the said party of the second part,the receipt whereof Is hereby confessed and acknowledged,he VQ.emleed,released,mold,conveyed and QUIT CLAIMED,and by these presents do remise,release,sell,convoy and QUITCLAIM unto tha.aid party of the second port, its heirs, successors and asoigna,forever,all the right,title,Interest,claim and demand which the sold part.'esof the first part ,yd have in and to the following described lot or parcel of land situate,lying end being In the County A' of Weld and State of Colorado,to wit: THE DESCRIPTION OF THE PROPERTY HEREBY CONVEYED IS ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE AS IF FULLY SET FORTH HEREIN. also known as street and number TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging or In anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever,of the said pardes of the first part,either in law or equity,to the only proper use,benefit and behoof of the said party of the second part, its heirs end aesignt forever. their IN WITNESS WHEREOF,The said parties atilt,first parthaVe hereunto set � h d5 and seals the day and year first abovewritten. ls/ Gbh �LI Signed,Sealed and Delivered In the Presence of ./J Is //..b/�lJJ•s„_�s. ��a . • [SEALI ISI//pzelwoNei/V SEAL] I SIf Vlli..4"f,.)49..44„,:is24SEALI STATE OF COLORADO, }es. County of The foregoinginstrument was acknowledged before me this day of Ig83,by ALFRED L. HARRINGTON, NORMA E. HARRINGTON, EDWARD M. HARRINGTON, and ARWILDA B. HARRINGTON My commission expires /a./L- ,1983/.Witness my hand and official seal.ci;0°, 4-10,1"% .fines SC ?:Li" QIARY '., Molnrrabllc i -" 1 s I Gxdn. CO 80631 41'• p�p�\ti Address of NatatyP yob]lc o No.033.QUITCLAIM DEED.Bmdf,,d I',NMM1Iec,,!n1'.YI N6.IatrvwW.CO maJ—Lw11:J1#YW—6-al Cpl • B 1002 REC 01934315 07/21/83 10:34 E6.00 2/002 F 1515 MARY ANN FEUERSTEIN CLERK A RECORDER WELD CO, CD All that part of the E 1/2 of the NW 1/4 and the N 1/2 of the NE 1/4 of Section 30, Township 6 North, of Range 66 West of the 6th P.H., lying and being North of the right of way of the Colorado and Southern Railway Company as said right of way now exists across said land; also all that part of the E 1/2 of the NN 1/4 and the N 1/2 of the NE 1/4 of Section 3D, in Township 6 North of Range 66 West of the 6th P.M., lying south of the right of way and "beet dump" of the Colorado and Southern Railroad,excepting: Beginning at the southeast corner of the SW 1/4 of the NE 1/4 of said section; thence running West 230 feet; thence North to the right of way of the Colorado and Southern Railroad; thence southeasterly along said right of way to the east line of said SW 1/4 of the NE 1/4; thence south to the place of beginning; also excepting: Beginning at a point on the north line of the County Road distant 230 feet south 87' West from a point on the East boundary line of the SW 1/4 of the NE 1/4, 30 feet north of the southeast turner thereof; thence south 87' Nest along the North li a of said County Road 362 feet; thence North 9' Nest 300 feet to the south bounds line of the right of way of said Railroad Company; thence South 7S' 6' East aloe said line of right of way 419 feet; thence South 2' East 167 feet to the point of beginning; together with 3.43 acres more or less, from the Great Western Sugar Company and more particularly described as: That certain parcel of land lying and being in the SW 1/4 of the NE 1/4 of Section 30, Township 6 North, Range 66 West of the 6th P.H., described as follows: Beginning at a point on the North line of the County Road, which point is 30 feet North and South 87' 00' West 245.2 feet from the Southeast corner of the SW 1/4 of the NE 1/4 of said Section; thence along said North line of said County Road South 87' 00' West 1051.8 feet to a point; thence North 150 feet to a point; thence North 87' 00' East 681.3 feet to a point; thence North 9' 00'' West 29,7 feet to a point; thence South 77' 01' East 384.4 feet to a point; thence South 74 feet to point of beginning, • containing in all 3.43 acres, more or less. And further, together a tract of land conveyed by Weld County Reorganized School District RE Four, and more particularly described as: "A parcel of land in the W 1/2 of the NE 1/4 of Section 30, Township 6 North, Range 66 Nest of the 6th P.M., in Weld County, Colorado, described as follows: Beginning 30 feet West of the east line and 1676.5 feet south of the northeast corner of said W 1/2 of the NE 1/4, thonce North 88' 10' West 209.7 feet, thence South 1' 51' East 199.8 feet, thonce South 86' 17' East 203.8 feet, thence North 205.1 feet to place of beginning, containing .96 acres, together with brick school building thereon and fences around some, but this conveyance shall not include frame house, 2 car garage, and 2 WPA type toilets which have been sold off of said land." Together with 13 shares of the capital stock of The Whitney Irrigation company. ' Excepting therefrom all oil, gas, and other mineral rights, including geothermal resources, in which the parties of the first part currently hold title. LEGAL DESCRIPTION OF PROPERTY SITUATED IN WELD COUNTY, COLORADO, ATTACHED TO AND MADE A PART OF DEED DATED Q„ ./ 1983, ALFRED L. HARRING- TON, NORMA E. HARRINGTON, EDWARD N. HAffRINGTON, and�ARWILDA B. HARRINGTON, GRANTORS AND HARRINGTON BROTHERS REAL ESTATE PARTNERSHIP, LTD., GRANTEE. 2_ •Rec Rec 1111111'IIII 11111 Ill111111111IIIIIIII Ill 1111 II! !!trI I look Page Recorder 3j 2020319 01/0212003 04.18P Weld County,CO 1 01 2 R 11..00 0 0.00 Steve Moreno Clerk 6 Quit Claim Deed THIS DEED is a conveyance from the Individuals,corporelon(s)or other entity named below ea GRANTOR to the individuals named below as GRANTEE of whatever Interest the GRANTOR may have hi the real property described below. The GRANTOR hereby sells end quit claims to the GRANTEE the real property described below with all Its appurtenances. The sped&c terms of this deed are: Grantor: Harrington Brothers Real Estate Partnership,Ltd. Grantee:Arwilda Harrington,1825 44"Avenue Court,Greeley,CO 80634,as to an undivided 50%Interest; Robed M.Waldo,as Personal Representative of the Estate of Alfred L,Harrington,Deceased,as to an undivided 26%Interest;and Robert M.Waldo es Personal Representative of the Estate of Norma E.Harrington,Deceased,as to an undivided 25%Interest Form of Co-Ownership: As tenants in common, Property Description; See Exhibit"A"attached hereto and Incorporated herein by reference as though fully sat forth. Property Address: Reservations-Restrictions: Executed by the Grantor on C7A e _IC)sv ,2002. HARRINGTON BROTHERS REAL ESTATE PARTNERSHIP,LTD, a Colorado� Limited Partnership ✓ / hi ds Arwlide Harrington.on authorized signet° STATE OF COLORADO ) )ss. COUNTY OF WELD ) Subscribed, sworn to and acknowledged before me this sp'day yC,SY...._.) .2002, by Arwlida Harrington.a aubsgEReesignator for Herrington Brothers Real Estate Partnership,Ltd. .`� ...... . r1 ••. PUBLIC; NotaryP c \�+�Or COtpP?' 1111111liii1 I I I I I I III UMPIRE M 3020319 81TIT03 04:18P Weld CoT CO 2 W 2 R 11.00 0 0.00 Sleue Moreno CIarN a Recorder All that part of the E 1/2 of the NW 1/4 and the W 1/2 of the NE 1/4 of Section 30, Township 6 North, of Range 66 West of the 6th P.M„ lying and being North of the right of way of the Colorado and Southern Railway Company as said right of way existed on July 23, 1983, also all that part of the E 1/2 of the NW 1/4 and the W 1/2 of the NE 1/4 of Section' 30, in Township b North of Range 66 West of the 6th P.N.., lying south of the right of way and "beet duro"of the Colorado and Southern Railroad,excepting: Beginning at the southeast corner of the SW 1/4 of the NE '1/4 of said section; thence running :Vest 230 feet; thence North to the right of way of the Colorado and Southern Railroad; thence southeasterly along said right of way to the east line of said SW 1/4 of the NE 1/4; thence south to the place of beginning; also excepting: Beginning at a : point on the north line of the County Road distant 230 feet south 87° West from a point on the East boundary line of the SW 1/4 of the NE 1/4, 30 feet north of the southeastcomer thereof; thence south 87' West along the North line of said County Road 362 feet; thence North 9' West 300 feet to the south boundary line of the right of way of said Railroad Company; thence South 75' 6' East along' said line of right of way 419 feet; thence South 2° East 167 feet to the point of beginning; together with 3.43 acres more or less, from the Great Western Suter Company and acre particularly described as: That certain parcel of land lying and being in the SW 1/4 of the NE 1/4 of Sectioh 30, Township 6 North, Range 66 West of the 6th P.M., described as follows: Beginning at a point on the North line of the County Road, which point is 30 feet North and South 87° 00' West 245.2 feet from the Southeast corner of the SW 1/4 of the NE 1/4 of said Section; thence along said North line of said County Road South 87' 00' West 1051.8 feet to a point; thence North 150 feet to a point; thence North 87' 00' East 681.3 feet to a point; thence North 9' 00" West 29.7 feet to a point; thence South .77° 01' East 384.4 feet to a point; thence South 74 feet to point of beginning, containing in all 3.43 acres, more or less. And further, togetherwith a tract of land conveyed by Weld County Reorganized School District RE Four, and more particularly described as: "A parcel of land in the W 1/2 of the NE 1/4 of Section 30, Township 6 North, Range 66 West of the 6th P.N., in Weld County, Colorado, described as follows; Beginning 30 fee: hest of the east line and 1676.5 feet south of the northeast corner of said N 1/2 of the NE 1/4, thence North 88' 10' hest 209.7 feet, thence South 1' 51' East 199.8 feet, thence South 86' 17' East 203,8 feet, thence North 205.1 feet to place of beginning, containing .96 acres, together with brick school building thereon and fences around same, but this conveyance shall not include frame house, 2 car garage, and 2 NPA type toilets which have been sold off of said land." Together with 13 shares of the capital stock of The Whitney Irrigation Company. • EXHIBIT "A" 1 330 111111111111111111 I I 1111111 I t 1111111 1 I I 11111111111111 3020320 01102/2003 04:18P Weld County,CO 1 al 3 R 16.00 D 0.00 Steve Moreno Clerk&Recorder PERSONAL REPRESENTATIVE'S DEED (Distribution) THIS DEED is made by ROBERT M. WALDO, as PERSONAL REPRESENTATIVE OF THE ESTATE OF ALFRED L. HARRINGTON aka A. L. HARRINGTON, DECEASED, Grantor, to: Diane H. Leinweber whose legal address is 2455 Cherry Avenue, Greeley, CO 80631 and Belinda L. Harrington as Personal Representative of the Estate of Douglas C. Harrington, Deceased, whose legal address is 1528 San Juan Circle, Evans, CO 80620, of the County of Weld, State of Colorado, Grantee. WHEREAS, the decedent died on the date of May 6, 2001, and the Grantor was duly appointed Personal Representative of said Estate by the District Court In and for the County of Weld, and State of Colorado, Probate No. 01 PR 204, on the date of June 22, 2001, and is now qualified and acting in said capacity. NOW THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby convey, assign, transfer and release unto Grantee as the person entitled to distribution, the following described real property situate in the County of Weld, State of Colorado: Parcel 1. AN UNDIVIDED 1/4 INTEREST IN AND TO ALL THAT PART OF THEE 1/2 OF THE NW 1/4 AND THE W 1/2 OF THE NE 1/4 OF SECTION 30, TOWNSHIP 6 NORTH, OF RANGE 66 WEST OF THE 6T"P.M., LYING AND BEING NORTH OF THE RIGHT OF WAY OF THE COLORADO AND SOUTHERN RAILWAY COMPANY AS SAID RIGHT OF WAY NOW EXISTS ACROSS SAID LAND; TOGETHER WITH LOT B OF RECORDED EXEMPTION NO. 0805-30-1-RE1588 ACCORDING TO THE MAP RECORDED APRIL 11, 1994 IN BOOK 1436 AS RECEPTION NO. 2382933 OF THE WELD COUNTY RECORDS, BEING A PART OF LOT 1 OF SUBDIVISION EXEMPTION NO. 435 ACCORDING TO THE PLAT RECORDED JUNE 2, 1992 IN BOOK 1338 AS RECEPTION NO. 2290137 OF THE WELD COUNTY RECORDS, BEING A PORTION OF THE NORTH HALF OF SECTION 30, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6T" P.M., WELD COUNTY, COLORADO, assessor's schedule or parcel number: 080530000036 THE MINERALS TO ALL OF SAID PROPERTY HAVING BEEN RESERVED IN THEIR ENTIRETY BY PREVIOUS CONVEYANCES; TOGETHER WITH AN UNDIVIDED ONE-HALF INTEREST IN TWELVE (12) SHARES OF THE CAPITAL STOCK OF THE WHITNEY IRRIGATION COMPANY HELD IN THE NAMES OF ALFRED L. HARRINGTON AND NORMA E. HARRINGTON AS JOINT TENANTS. Parcel 2. AN UNDIVIDED 1/4TH INTEREST IN AND TO ALL OIL, GAS, AND OTHER MINERALS, INCLUDING GEOTHERMAL RESOURCES, IN AND UNDER AND THAT MAY BE PRODUCED FROM THE FOLLOWING DESCRIBED LANDS SITUATED IN WELD COUNTY, COLORADO: ALL THAT PART OF THEE 1/2 OF THE NW 1/4 AND THE W 1/2 OF THE NE 1/4 OF SECTION 30,TOWNSHIP 6 NORTH, OF RANGE 66 WEST OF THE 6T" P.M., LYING AND BEING NORTH OF THE RIGHT OF WAY OF THE COLORADO AND SOUTHERN RAILWAY COMPANY AS SAID RIGHT OF 11111111111111111111 E 1111111111111111111119 III 1111 2 al 311 16.06 D o003 • Slue Moreno Clark 8 Recorder WAY NOW EXISTS ACROSS SAID LAND;ALSO ALL THAT PART OF THE E 1/2 OF THE NW 1/4 AND THE W 1/2 OF THE NE 1/4 OF SECTION 30, IN TOWNSHIP 6 NORTH OF RANGE 66 WEST OF THE 6T" P.M., LYING SOUTH OF THE RIGHT OF WAY AND "BEET DUMP"OF THE COLORADO AND SOUTHERN RAILROAD, EXCEPTING: BEGINNING AT THE SOUTHEAST CORNER OF THE SW 1/4 OF THE NE 1/4 OF SAID SECTION; THENCE RUNNING WEST 230 FEET;THENCE NORTH TO THE RIGHT OF WAY OF THE COLORADO AND SOUTHERN RAILROAD; THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY TO THE EAST LINE OF SAID SW 1/4 OF THE NE 1/4; THENCE SOUTH TO THE PLACE OF BEGINNING; ALSO EXCEPTING: BEGINNING AT A POINT ON THE NORTH LINE OF THE COUNTY ROAD DISTANT 230 FEET SOUTH 87° WEST FROM A POINT ON THE EAST BOUNDARY LINE OF THE SW 1/4 OF THE NE 1/4, 30 FEET NORTH OF THE SOUTHEAST CORNER THEREOF;THENCE SOUTH 87°WEST ALONG THE NORTH LINE OF SAID COUNTY ROAD 362 FEET; THENCE NORTH 9° WEST 300 FEET TO THE SOUTH BOUNDARY LINE OF THE RIGHT OF WAY OF SAID RAILROAD COMPANY; THENCE SOUTH 75° 6' EAST ALONG SAID LINE OF RIGHT OF WAY 419 FEET; THENCE SOUTH 2° EAST 167 FEET TO THE POINT OF BEGINNING; TOGETHER WITH 3.43 ACRES MORE OR LESS, FROM THE GREAT WESTERN SUGAR COMPANY AND MORE PARTICULARLY DESCRIBED AS:THAT CERTAIN PARCEL OF LAND LYING AND BEING IN THE SW 1/4 OF THE NE 1/4 OF SECTION 30, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE COUNTY ROAD, WHICH POINT IS 30 FEET NORTH AND SOUTH 87° 00' WEST 245.2 FEET FROM THE SOUTHEAST CORNER OF THE SW 1/4 OF THE NE 1/4 OFSAID SECTION;THENCE ALONG SAID NORTH LINE OF SAID COUNTY ROAD SOUTH 87° 00' WEST 1051.8 FEET TO A POINT;THENCE NORTH 150 FEET TO A POINT; THENCE NORTH 87° 00' EAST 681.3 FEET TO A POINT;THENCE NORTH 8°00' WEST 29.7 FEET TO A POINT;THENCE SOUTH 77° 01' EAST 384.4 FEET TO A POINT; THENCE SOUTH 74 FEET TO A POINT OF BEGINNING, CONTAINING IN ALL 3.43 ACRES, MORE OR LESS. AND FURTHER, TOGETHER WITH A TRACT OF LAND CONVEYED BY WELD COUNTY REORGANIZED SCHOOL DISTRICT RE FOUR, AND MORE PARTICULARLY DESCRIBED AS: "A PARCEL OF LAND IN THE W 1/2 OF THE NE 1/4 OF SECTION 30, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6T"P.M., IN WELD COUNTY,COLORADO, DESCRIBED AS FOLLOWS: BEGINNING 30 FEET WEST OF THE EAST LINE AND 1676.5 FEET SOUTH OF THE NORTHEAST CORNER OF SAID W 1/2 OF THE NE 1/4,THENCE NORTH 88° 10' WEST 209.7 FEET,THENCE SOUTH 1° 51' EAST 199.8 FEET, THENCE SOUTH 86° 17' EAST 203.8 FEET,THENCE NORTH 205.1 FEET TO A PLACE OF BEGINNING, CONTAINING .96 ACRES" Parcel 3. AN UNDIVIDED 9.245% INTEREST IN AND TO ALL OF THE OIL, GAS, AND OTHER MINERALS IN AND UNDER, AND THAT MAY BE PRODUCED FROM THE NORTH HALF OF THE SOUTHWEST QUARTER (N1/2SW1/4) OF SECTION FIFTEEN (151, TOWNSHIP FIVE (5) NORTH, RANGE SIXTY-FIVE (65) WEST OF THE 6T" P.M., WELD COUNTY, COLORADO AS CONVEYED UNDER MINERAL DEED FROM A. L. HARRINGTON, TRUSTEE, ALSO KNOWN AS ALFRED L. HARRINGTON, TRUSTEE, AND ALFRED L. HARRINGTON, INDIVIDUALLY, TO A. L. HARRINGTON, NORMA HARRINGTON, ETAL. DATED NOVEMBER 25, 1997, AND RECORDED DECEMBER 2, 1997, AT BOOK 1636, UNDER RECEPTION NO. 2581977 OF THE WELD COUNTY RECORDS With all appurtenances. 1111111111111111111 III 111111��II11111��11111 l��IIII 9020320 01/02/2003 04:16P Weld County,CO 3 of 3 fl 16.00 D 0.00 Steve Moreno Clerk&Recorder As used herein, the singular includes the plural and the plural the singular. Executed: December 3O, 2OO2. Ro Personal Repres alive of the Estate of Alfred L. Harrington, aka A. L. Harrington, Deceased. STATE OF COLORADO I as. COUNTY OF WELD The foregoing instrument was acknowledged before me this 3Oth day of December, 2OO2, by ROBERT M. WALDO as PERSONAL REPRESENTATIVE OF THE ESTATE OF ALFRED L. HARRINGTON, aka A.L. HARRINGTON, DECEASED. Witness my hand and official seal, • My commission expires: September 13, 2006, • Notary Publi Address: 23 4 17th Street, Suite B Greeley, CO 8O634 Distribution Deed-No Colo. Doc, Fee Robert M. Waldo, 2314 17th Street. Suite B, Greeley. CO 8O634 Nerve ud AM„uel Person Gy„p W my C.e,.e e9',"".1.C C 5,1 No.47.Rev.9.01. PERSONAL REPRESENTATIVE'S DEED IDleldbulbnl s; 11101113MEIIII EMI R 1IN)lllHillRI'll! 3020322 01/02/2003 04:18P Weld County,CO 1 of 3 R 16.00 0 0.00 Steve Moreno Clerk&Recorder PERSONAL REPRESENTATIVE'S DEED (Distribution) THIS DEED is made by ROBERT M. WALDO, as PERSONAL REPRESENTATIVE OF THE ESTATE OF NORMA E. HARRINGTON, DECEASED, Grantor, to: Diane H. Leinweber whose legal address is 2455 Cherry Avenue, Greeley, CO 80631 and Belinda L. Harrington as Personal Representative of the Estate of Douglas C. Harrington, Deceased, whose legal address is 1528 San Juan Circle, Evans, CO 80620, of the County of Weld, State of Colorado, Grantee. WHEREAS, the decedent died on the date of June 3, 2001, and the Grantor was duly appointed Personal Representative of said Estate by the District Court in and for the County of Weld, and State of Colorado, Probate No. 01 PR 205, on the date of June 22, 2001, and Is now qualified and acting In said capacity. NOW THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code, Grantor does hereby convey, assign, transfer and release unto Grantee as the person entitled to distribution, the following described real property situate in the County of Weld, State of Colorado: Parcel 1. AN UNDIVIDED 1/4 INTEREST IN AND TO ALL THAT PART OF THE El/2 OF THE NW 1/4 AND THE W 1/2 OF THE NE 1/4 OF SECTION 30, TOWNSHIP 6 NORTH, OF RANGE 66 WEST OF THE 6T"P.M., LYING AND BEING NORTH OF THE RIGHT OF WAY OF THE COLORADO AND SOUTHERN RAILWAY COMPANY AS SAID RIGHT OF WAY NOW EXISTS ACROSS SAID LAND; TOGETHER WITH LOT B OF RECORDED EXEMPTION NO. O8O5.3O-1-RE1588 ACCORDING TO THE MAP RECORDED APRIL 11, 1994 IN BOOK 1436 AS RECEPTION NO.2382933 OF THE WELD COUNTY RECORDS, BEING A PART OF LOT 1 OF SUBDIVISION EXEMPTION NO. 435 ACCORDING TO THE PLAT RECORDED JUNE 2, 1992 IN BOOK 1338 AS RECEPTION NO. 2290137 OF THE WELD COUNTY RECORDS, BEING A PORTION OF THE NORTH HALF OF SECTION 30, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6T" P.M., WELD COUNTY, COLORADO, assessor's schedule or parcel number: 080530000036 THE MINERALS TO ALL OF SAID PROPERTY HAVING BEEN RESERVED IN THEIR ENTIRETY BY PREVIOUS CONVEYANCES; TOGETHER WITH AN UNDIVIDED ONE-HALF INTEREST IN TWELVE(12) SHARES OF THE CAPITAL STOCK OF THE WHITNEY IRRIGATION COMPANY HELD IN THE NAMES OF ALFRED L. HARRINGTON AND NORMA E, HARRINGTON AS JOINT TENANTS. Parcel 2. AN UNDIVIDED 1/4TH INTEREST IN AND TO ALL OIL, GAS, AND OTHER MINERALS, INCLUDING GEOTHERMAL RESOURCES, IN AND UNDER AND THAT MAY BE PRODUCED FROM THE FOLLOWING DESCRIBED LANDS SITUATED IN WELD COUNTY, COLORADO: ALL THAT PART OF THEE 1/2 OF THE NW 1/4 AND THE W 1/2 OF THE NE 1/4 OF SECTION 30,TOWNSHIP 6 NORTH, OF RANGE 66 WEST OF THE 6T" P.M., LYING AND BEING NORTH OF THE RIGHT OF WAY OF THE COLORADO AND SOUTHERN RAILWAY COMPANY AS SAID RIGHT OF WAY NOW EXISTS ACROSS SAID LAND;ALSO ALL THAT PART OF THE i lulu11011021200311 ii iiuii iiu iiiiui iii uiu iiii uii 2 of 3 R 16.00 D 0.00 Sieve More CIerF 8 Recorder E 112 OF THE NW 1/4 AND THE W 1/2 OF THE NE 1/4 OF SECTION 30, IN TOWNSHIP 6 NORTH OF RANGE 66 WEST OF THE 6TH P.M., LYING SOUTH OF THE RIGHT OF WAY AND "BEET DUMP" OF THE COLORADO AND SOUTHERN RAILROAD, EXCEPTING: BEGINNING AT THE SOUTHEAST CORNER OF THE SW 1/4 OF THE NE 1/4 OF SAID SECTION; THENCE RUNNING WEST 230 FEET; THENCE NORTH TO THE RIGHT OF WAY OF THE COLORADO AND SOUTHERN RAILROAD; THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY TO THE EAST LINE OF SAID SW 1/4 OF THE NE 1/4; THENCE SOUTH TO THE PLACE OF BEGINNING; ALSO EXCEPTING: BEGINNING AT A POINT ON THE NORTH LINE OF THE COUNTY ROAD DISTANT 230 FEET SOUTH 87° WEST FROM A POINT ON THE EAST BOUNDARY LINE OF THE SW 1/4 OF THE NE 1/4, 30 FEET NORTH OF THE SOUTHEAST CORNER THEREOF;THENCE SOUTH 87° WEST ALONG THE NORTH LINE OF SAID COUNTY ROAD 362 FEET;THENCE NORTH 9° WEST 300 FEET TO THE SOUTH BOUNDARY LINE OF THE RIGHT OF WAY OF SAID RAILROAD COMPANY; THENCE SOUTH 75° 6' EAST ALONG SAID LINE OF RIGHT OF WAY 419 FEET; THENCE SOUTH 2° EAST 167 FEET TO THE POINT OF BEGINNING; TOGETHER WITH 3.43 ACRES MORE OR LESS, FROM THE GREAT WESTERN SUGAR COMPANY AND MORE PARTICULARLY DESCRIBED AS: THAT CERTAIN PARCEL OF LAND LYING AND BEING IN THE SW 1/4 OF THE NE 114 OF SECTION 30, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE COUNTY ROAD, WHICH POINT IS 30 FEET NORTH AND SOUTH 87° 00' WEST 245.2 FEET FROM THE SOUTHEAST CORNER OF THE SW 1/4 OF THE NE 1/4 OF SAID SECTION;THENCE ALONG SAID NORTH LINE OF SAID COUNTY ROAD SOUTH 87°00'WEST 1051.8 FEET TO A POINT;THENCE NORTH 150 FEET TO A POINT; THENCE NORTH 87° 00' EAST 681.3 FEET TO A POINT;THENCE NORTH 8°00'WEST 29,7 FEET TO A POINT;THENCE SOUTH 77° 01' EAST 384.4 FEET TO A POINT; THENCE SOUTH 74 FEET TO A POINT OF BEGINNING, CONTAINING IN ALL 3.43 ACRES, MORE OR LESS. AND FURTHER, TOGETHER WITH A TRACT OF LAND CONVEYED BY WELD COUNTY REORGANIZED SCHOOL DISTRICT RE FOUR, AND MORE PARTICULARLY DESCRIBED AS: "A PARCEL OF LAND IN THE W 1/2 OF THE NE 1/4 OF SECTION 30, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., IN WELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS: BEGINNING 30 FEET WEST OF THE EAST LINE AND 1676,5 FEET SOUTH OF THE NORTHEAST CORNER OF SAID W 1/2 OF THE NE 1/4,THENCE NORTH 88° 10'WEST 209.7 FEET,THENCE SOUTH 1° 51' EAST 199.8 FEET,THENCE SOUTH 86° 17' EAST 203.8 FEET,THENCE NORTH 205.1 FEET TO A PLACE OF BEGINNING, CONTAINING .96 ACRES" Parcel 3. AN UNDIVIDED 10.00% INTEREST IN AND TO ALL OF THE OIL, GAS, AND OTHER MINERALS IN AND UNDER, AND THAT MAY BE PRODUCED FROM THE NORTH HALF OF THE SOUTHWEST QUARTER IN1/2SW1/4) OF SECTION FIFTEEN (15), TOWNSHIP FIVE (El NORTH, RANGE SIXTY-FIVE 165) WEST OF THE 6TH P.M., WELD COUNTY, COLORADO AS CONVEYED UNDER MINERAL DEED FROM A. L. HARRINGTON, TRUSTEE, ALSO KNOWN AS ALFRED L. HARRINGTON, TRUSTEE, AND NORMA E. HARRINGTON, INDIVIDUALLY, TO A. L. HARRINGTON, NORMA HARRINGTON, ETAL. DATED NOVEMBER 25, 1997, AND RECORDED DECEMBER 2, 1997, AT BOOK 1636, UNDER RECEPTION NO. 2581977 OF THE WELD COUNTY RECORDS With all appurtenances. I !JI!Utll!WL" .00 0 0.00 Steve Moreno Clerk 8 Recorder As used herein, the singular includes the plural and the plural the singular. Executed: December 30, 2002. obe sonal Rep se ative of the Estate of Norma E. Harrington, Deceased. STATE OF COLORADO 1 ss. COUNTY OF WELD 1 The foregoing instrument was acknowledged before me this 30th day of December, 2002, by ROBERT M. WALDO as PERSONAL REPRESENTATIVE OF THE ESTATE OF NORMA E. HARRINGTON, DECEASED. •,,,. ,��:;o •y:••. Witness my hand end official seal. $ 0.. S.., c/}'I 3 no„, `•.•P: a My commission expires: September 13, 2006. Z �y b' 9dIa,.11, . Notary Publi Address: 2314 17'h Street, Suite B Greeley, CO 80634 Distribution Deed-No Colo. Doc. Fee Robert M. Waldo, 2314 17th Street, Suite B, Greeley. CO 80634 N+wtlAYiwe1P✓xnGlWp WMyCueudLnaouvlp,bnl 3egf-0o1S,CAA.1 No.47.Rev.9.01. PERSONAL REPRESENTATIVE'S DEED IDlelrbueonl 1111111111111111111111111111111111111111111111111111111 3170870 04116/2004 10:48A Weld County,CO 10 1 of 1 R 0.00 D 0.00 Steve Moreno Clerk&Recorder PERSONAL REPRESENTATIYE=S DEED (Sale) THIS DEED is made by Belinda L.Harrington,as Personal Representative of the Estate of Douglas C.Harrington,deceased,Grantor,to Gerald Firestien and Melvin Max Ellis,Grantee,whose legal address is 12600 Weld County Road 66,Greeley,of the County of Weld,State of Colorado 80631. WHEREAS,the decedent died on the date of July 31,2002 and Grantor was duly appointed Personal Representative of said Estate by the District Court in and for the County of Weld,State of Colorado,Probate No.02 PR 291,on the date of August 27,2002,and is now qualified and acting in said capacity. NOW, THEREFORE, pursuant to the powers conferred upon Grantor by the Colorado Probate Code,Grantor does hereby sell and convey unto Grantee(in joint tenancy),without warranty of title and without warranty as to the condition of the property,for and in consideration of One Hundred Dollars($100.00)the following described real property situate in the County of Weld,State of Colorado: All that part of the E'4 of the NW% and the WA of the NEY of Section 30, Township 6 North, Range 66 West of the 6'^ P.M., County of Weld, State of Colorado,lying and being North of the right of way of the Colorado and Southern Railway Company as said right of way existed on July 23,1983. also known by street and number as: 12600 Weld County Road 66,Greeley,CO 80631 assessor's schedule or parcel number: With all appurtenances,subject to general taxes and assessments for 2004,payable in 2005, easements,reservations,agreements,exceptions,covenants,conditions,limitations,and tights of way all of record or as may exist by use on the premises in addition to all exceptions contained in the title commitment, and subject to all governmental laws,rules,and regulations,and subject to all matters that would be disclosed by an inspection of the land or by making inquiry of persons in possession thereof,and subject to matters that would be disclosed by an accurate survey,including, but not limited to,discrepancies,conflicts in boundary lines,shortage in area,encroachments,and other such matters which are not shown of public record. As used herein,,the singular includes the plural and the plural the singular. Executed:Sin/o c i �'/J Belinda L.Harrington,Personal Re pr ,of the " Estate of Douglas C.Harrington,Deceased ..c.e. ao, 4.. STATE OF COLORADO ) )ss. COUNTY OF WELD The foregoing instrument was acknowledged before me this 174k day of Marc__ 2004,by Belinda L.Harrington, as Personal Representative of the Estate of Douglas C.Harrington, Deceased. Witness my hand and official seal. My Corn s'.::y fir';.i 513/107 /447.'""1".N4ll $ i OAVIN N. ' M Nll l]`ff01 t3 i,JVJl &RDE /oS Notary Public rl \ tl ✓ •__..•••• ..- TNG 8°7zg4T t'IfOF • • 1111111111H 111111111111111111111111111114111111111 1 Xof 2 1 RC 110200+80.00�Steve Mo Weldreno Clerk a Recorder 6� WARRANTY DEED THIS DEED, Made this 17th day of March, 2004 between Arwilda Harrington and Diane H. Leinweber of the County of Weld and State of Colorado, grantor, and Gerald Firestien and Melvin Max Ellis whose legal address is of the County of Weld and State of Colorado, grantees: WITNESSETH That the grantor for and in consideration of the sum of TEN AND 00/100, ($10.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee, his heirs and assigns forever, all the real ,.0 property, together with improvements, if any, situate,lying and being in the County FV of Weld and State of Colorado, described as follows: T) SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF also known by street and number as , , Colorado TOGETHER with all and singular the hereditaments and appurtenances thereto 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, either in law or equity, of in and to the above bargained premises, with the hereditament° and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances. unto the grantee, his heirs and assigns forever. And the grantor, for himself, hie heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the promisee above conveyed, haa good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, manta, encumbrances and restrictions of whatever kind or nature soever, except general taxes for 2004 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; The grantor shall and will WARRANT AND FOREVER DEPEND the above-bargained premises in the quiet and peaceable possession of the grantee, his hairs and assigns, against all and every person or parsons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. • Are Ida Warring •n ti 1 Stone H. Leinwebe STATE OF COLORADO 1 ) es. The foregoing instrument was acknowledged before County of Weld ) me this 17th day of March, 2004 by Arwilda Harrington and Diane H. Leinweber Witness my hand and official seal. My commission expires Amu. s'' 15, 200] • ttl- 3Pget. M&tct� 3fr 2007 .+O1 • �.--_ T3 OawRVIN NOTARY PUBLIC gfIGE 1 1295 Main SC. No. 932A. Rev. 7-84 � ..4..4,T' Windsor, COLORADO 80550 gjeil eon°ea • TNG 807z960 • 111111111111111111111111 1111111111111011111111111111 3170871 04/16/2004 10:48A Weld County.CO 2 0l 2 R11.00 086.00 Steve Moreno Clerk&Recorder "EXHIBIT A" LEGAL DESCRIPTION All that part of the E1/2 of the NW1/4 and the WS/2 of the NB1/4 of Section 30, Township 6 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado, lying and being North of the right of way of the Colorado and Southern Railway Company as said right of way existed on July 23, 1983. 19925 1/1 .I #;1 _ _ r rill -. sf qv qe r 1 —u-6.c.�e r.: , 133 ij i: i t ,„.„, . 4,,,:,,,,,, y ti g �i i �. II:co IF! .? F cffit ' �� ',-., €# td ggE t,� , .. y/ o�." °!_• h $h , 5ge .i O 0 ,�v ttl tsrl It, r 9 t / ' Ra��`,V, .1 111: i e {t ` �t c . '�`°111 Nss1I r1 1 6i a 3 i'+ 5 i-1CC 9 :,i. } 1b �ae itr ' EP t I I _- {o € Ici 1E i §:.. ; , t ¶ i;•;;.#'-,o ! Iit- _ ' i1 i1I`i 1 sity Hit a ' i! 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J Ili II 4 , if : /t t sir (s14i lt4 4 01 I">t °i lq{ 1 101 A''it t 1• al 1i11 i51 ,,;,I �� s I 9 Ill}.!?1 =�' I ' 'l i ;lI i1il lit l I: ;I #• ;? 111 , ' +% ... 1 l ij 1111 k b,1 e t „1, K.,..� — —-—'L 41I :ii 2i rii _{ I,i t ,,l l! k; ... —... . .; rt if Ili dl j •l 1111 I. Qa ( iti. Y \\ 5 i1 I Q 11ii .. am <x ; ilii Nu- Sb )1=1 8:) i l�t1 m g ,�1{!, Egli! 111 3990745 01/17/201401:14PM Total Pages: 1 Rec Fee:$11.00 Doc Fee:$12.50 Steve Moreno-Clerk and Recorder,Weld County,CO WARRANTY DEED 'TELLS DEED,made this 14th day of January,2014,between Gerald Firer lien,Melvin Max Ems of the County of Weld and State of Colorado, grnntor(a),and Melvin Max Ells and Jilt A.Ells W110,50 legal address is 1616 Falraeres Drive,Greeley,CO 80631 of the Comity of Weld ad State of6bloredo,grenleos: WITNESS,that the grantor(s), for and In consideration of the sum of ONE HUNDRED TWENTY FIVE THOUSAND AND 00/lUU DOLLARS (5125,OO0.0U), lire receipt and sufficiency of which is hereby acknowledged,has granted,bargained,.sold and conveyed,and by those presents does grant,bargain,sell,convoy and confirm unto the'suttees,their heirs and assigns forever,Joint Tenants,all the real property,together with Improvements,If any,situate,lying and being In the County of Weld mid State of Colorado,described as follows: Lot A of Recorded Exemption No,No,0808-30-1 RE-5078 recorded May 19,2011 at Reception No.3769656,being a part of the East Halt of the Northwest Quarter and the West Half of the Northeast Quarter of Section 30,Township 6 North,Range 66 West of the 6th P.M„County of Weld,State of Colorado. Sellers Acserwe as Tenants In common,All OIl,Cas and other Minerals, also known by street and number as: Vudant Laud,Creaky,CO 80631 TOGETHER with all and singular the horedlamenu and appurtenances Ihcrcnntn belonging,or In anywise appertaining,end the reversion and mverslotts,remainder and remainders,rents,Issues and profits thereof,and all the estate,right,tine,Interest,claim aid demand whatsoever of the grantor(s),either in law or equity,of In and to the above bargained premises,with the herodltmnenu and appurtenances; TO HAVE AND TO 11OLD the said premises above bargained turd described,with the appudenmmet unto the grantees,their(rein and assigns forever. The grantor(,),for biumeif,Ws belts,and personal representatives,does covenant,grant,bargain and agree to and with the grantees,their halts and assigns,that at the Unne of the mutating and delivery of tinese presents,he Is welt wind of the premises above conveyed,has goad,sure,perfect,ubeoluto and indefeasible crate of loherituneo,In law,In fee simple,and hoe good right,Poll ponce min lawful authority to grunt,bargain,sell and convey the name In manner and form is aforesaid,and that the lame are free and clear from all former nod other grunts,bargains,sales,liens,taxes,assessnente,encumbrances and restrictions of Westover hind or nature rooter,except general taxes for the current year and subsequent years,and except easements, covenants,conditions,restrictions,reservations,end rights of way of record,If any. The gmnwr(s)shall and will WARRANT AND FOREVER DEPEND the above-argabwd premises In the quiet and peaceable possession or die grantees,their heirs mtd assigns,against all and every person or pennon IawtWly claiming the whole or any part thereof. The singular number shall include the plural,the plural the singular,and the use of guy go ndor shall be applicable to all ganders. IN WITNESS WHEREOF,the grantor has executed this deed on rho date set forth above, Oorald Firesdcm 9.1fiti melvhi Mar CHERI N` NEON /CO State or'Calnradn sa, For..... Carr or /f�ri�� The furogoingrLuuwaent VMS acknowledged before methis January 14,2014,by Gerald Fired en,Melvin Mae Ellis My Commission expires: Witness t 99nd and official ant. N!'ry — (�' Notary Public Doc Pea:S12.50 mews PawaNlaa Merest for Recorded douaeua Is, Burrower A,ldro, Page 1 of 16 1 s detlite l s. Agri-Enterprises, Inc. 4 0 n„.8.1„r..an Les Gelvin s Ph: 970-221-2607 Fax: 970-221-2077 6 7 e printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission. B WC8S4-8-13)(Mandatory 1-14) 9 10 11 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL 112 3 AND TAX OR OTHER COUNSEL BEFORE SIGNING. 14 1s CONTRACT TO BUY AND SELL REAL ESTATE 16 (LAND) 18 (CRI Property with No Residences) 19 (❑Property with Residences-Residential Addendum Attached) 20 21 22 Date:3/13/2014 23 24 AGREEMENT 25 26 27 1. AGREEMENT.Buyer, identified in§2.1,agrees to buy, and Seller, identified in§2.3, agrees to sell,the • 28 Property described below on the terms and conditions set forth in this contract(Contract). 29 30 31 2. PARTIES AND PROPERTY. 32 33 2.1.Buyer.Buyer,Scoff D. McBride and Shan/McBride ,will take title to the Property described 34 below as 3s ® Joint Tenants O Tenants In Common O Other n/a. 36 37 2.2.Assignability and Inurement.This Contract-Nils O Is Not assignable by Buyer without Seller's 38 prior written consent Except as so restricted,this Contract inures to the benefit of and is binding upon the heirs, 39 personal representatives;successors and assigns of the parties. 40 Aleluin Max E//iS 41 2.3.Seller.Seller, , is the current owner of the Property described below. Sti I;t A. E//r:5 42 2.4.Property.The Property is the following legally described real estate in the County of Weld,Colorado: 4433 PT E2NW4W2NE4 30 6 66 Lot A REC Exempt RE-6078 45 known as No. TBD Co Rd 27 Greeley CO 80631, 46 together with the interests, easements, rights, benefits,improvements and attached fixtures appurtenant thereto, 47 48 and all interest of Seller in vacated streets and alleys adjacent thereto,except as herein excluded(Property). 49 2.5.Inclusions. The Purchase Price includes the following items(Inclusions): so 2.5.1. Fixtures.All fixtures attached to the Property on the date of this Contract 51 Other Fixtures:n/a 52 53 If any fixtures are attached to the Property after the date of this Contract,such additional fixtures are also included 54 in the Purchase Price. 55 2.5.2. Personal Property.If on the Property,whether attached or not,on the date of this Contract, 56 the following items are included:n/a 57 Other Personal rol Property: 59 n/a 60 — The Personal Property to be conveyed at Closing must be conveyed by Seller free and clear of all 62 (except taxes( pt personal property taxes for the year of Closing), liens and encumbrances,except n/a.Conveyance 63 will be by bill of sale or other applicable legal instrument 64 2.5.3. Trade Fixtures:With respect to trade fixtures, Seller and Buyer agree as follows: 65 66 —/a 67 The Trade Fixtures to be conveyed at closing will be conveyed by Seller free and clear of all taxes 68 (except personal property taxes for the year of Closing), liens and encumbrances, except n/a.Conveyance will be 69 by bill of sale or other applicable legal instrument. 70 71 2.6. Exclusions.The following items are excluded(Exclusions):n/a 72 74 2.7. Water Rights,Well Rights,Water and Sewer Taps. 75 ❑ 2.7.1. Deeded Water Rights.The following legally described water rights: 76 77 n/a https://www.ctmecontracts.com/eContracts/m_econ/Contracts/Listing_Contracts/PRlNC_S... 3/14/2014 Page 2 of 16 78 Any deeded water rights will be conveyed by a good and sufficient n/a deed at Closing. 79 so ❑ 2.7.2. Other Rights Relating to Water.The following rights relating to water not included in§§ 81 2.7.1,2.7.3,2.7.4 and 27.5,will be transferred to Buyer at Closing:n/a 82 O 2.7.3. Well Rights. Selleragrees to sup ply required information to Buyer about the well. Buyer e4 understands that if the well to be transferred is a'Small Capacity Weir or a'Domestic Exempt Water Well'used 85 for ordinary household purposes, Buyer must, prior to or at Closing,complete a Change in Ownership form for the 08 well. If an existing well has not been registered with the Colorado Division of Water Resources in the Department e7 of Natural Resources(Division), Buyer must complete a registration of existing well form for the well and pay the 88 89 cost of registration. If no person will be providing a closing service in connection with the transaction, Buyer must 90 file the form with the Division within sixty days after Closing.The Well Permit#is n/a. 92 —"—O-.— -- —3 �:7 WaterStoctCertificates:The water stock csrtificateslo t1€trar ferred atClssTng are as --" 93 follows:n/a 94 2.7.5. Water and Sewer Taps.Note:Buyer is advised to obtain,from the provider,written 95 confirmation of the amount remaining to be paid,if any,time and other restrictions for transfer and use of 96 the taps 98 2.7.6.Conveyance. If Buyer is to receive any rights to water pursuant to§27.2(Other Rights 99 Relating to Water), §27.3(Well Rights),or§2.7.4(Water Stock Certificates),Seller agrees to convey such rights 100 to Buyer by executing the applicable legal instrument at Closing. 101 2.8. Growing Crops.With respect to growing crops, Seller and Buyer agree as follows: 102 n/a 103 _ 104 105 3. DATES AND DEADLINES. 106 107 108 Item No. Reference Event Date or Deadline 109 110 1 §4.3 Alternative Earnest Money Deadline 3 days>MEC in Title 112 2 §8.1 Record Title Deadline 10 days >MEC , 113 114 3 §8.2 Record Title Objection Deadline 60 days>MEC 115 4 §8.3 Off-Record Title Deadline 10 days>MEC 116 5 §8.3 Off-Record Title Objection Deadline 60 days>MEC 117 116 6 §8.4 Title Resolution Deadline 70 days>MEC 119 7 §8.6 Right of First Refusal Deadline n/a 120 121 Owners'Association 122 8 §7.3 Association Documents Deadline n/a 123 124 9 §7.4 Association Documents Objection Deadline n/a 125 Seller's Property Disclosure 127 10 I §10.1 Seller's Property Disclosure Deadline 10 days>MEC I 128 Loan and Credit iso 11 §5.1 Loan Application Deadline 15 days>MEG 131 12 §5.2 Loan Objection Deadline 65 days>MEC 132 13 §5.3 Buyer's Credit Information Deadline n/a 134 14 §5.3 Disapproval of Buyer's Credit Information Deadline n/a 135 15 §5.4 Existing Loan Documents Deadline n/a 136 16 §5.4 Existing Loan Documents Objection Deadline n/a 137 138 17 §5.4 Loan Transfer Approval Deadline n/a 139 18 §4.7 Seller or Private Financing Deadline n/a 140 141 Appraisalsal 142 19 §6.2 Appraisal Deadline 60 days >MEC 143 20 §6.2 Appraisal Objection Deadline 90 days>MEC 144 145 Survey 146 21 §9.1 Current Survey Deadline 75 days>MEC 148 22 §9.2 Current Survey Objection Deadline 80 days >MEC 149 23 §9.2 ' Current Survey Resolution Deadline 90 days >MEC 151 Inspection and Due Dil 151 l� Diligence 152 24 §10.2 Inspection Objection Deadline 90 days>MEC I 153 25 §10.3 Inspection Resolution Deadline 95 days>MEC 154 https://www.ctmecontracts.com/eContracts/m_econ/Contracts/Listing_Contracts/PRINT_S... 3/13/2014 Page 3 of 16 155 26 §10.5 Property Insurance Objection Deadline 60 days >MEC 156 27 §10.6 Due Diligence Documents Delivery Deadline 30 days >MEC 157 ise 28 §10.6 Due Diligence Documents Objection Deadline 45 days>MEC , 159 29 §10.6 Due Diligence Documents Resolution Deadline 90 days >MEC 160 161 30 §10.6 Environmental Inspection Objection Deadline n/a 162 31 §10.6 ADA Evaluation Objection Deadline n/a 163 32 §10.7 Conditional Sale Deadline 164 165 33 §11.1 Tenant Estoppel Statements Deadline n/a - 166 34 §11.2 Tenant Estoppel Statements Objection Deadline 167 Closing and Possession 168 169 170 35 §12.3 Closing Date On or before 10 days >County approval 2n72 36 §17 Possession Date Ste of closing 173 37 §17 Possession Time time of closing 174 175 38 §28 Acceptance Deadline Date 3/14/2014 Friday 176 39 §28 Acceptance Deadline Time 3 pin 177 40 n/a 1/a n/a 179 41 n/a 7/a n/a 179 _ 180 181 3.1. Applicability of Terms.Any box checked in this Contract means the corresponding provision 182 183 applies.My box, blank or line in this Contract left blank or completed with the abbreviatioon'WA', or the word 184 °Deleted'means such provision, including any deadline, is not applicable and the corresponding provision of this 18s Contract to which reference is made is deleted. 186 187 The abbreviation'MEC'(mutual execution of this Contract)means the date upon which both parties have signed 188 189 this Contract 190 191 4. PURCHASE PRICE AND TERMS. 192 193 4.1.Price and Terms.The Purchase Price set forth below is payable in U.S. Dollars by Buyer as follows: 194 195 Item No. Reference Item Amount Amount 196 197 1 § 4.1 Purchase Price $160,000.00 198 2 § 4.3 Earnest Money $3,000.00 199 . 200 3 § 4.5 New Loan $100,000.00 201 4 § 4.6 Assumption Balance 2oz pti 203 5 § 4.7 Private Financing 204 205 6 § 4.7 Seller Financing 206 7 n/a IS 207 208 8 n/a n/a 209 9 § 4.4 Cash at Closing $57,000.00 210 10 TOTAL $160,000.00 $160,000.00 211 212 213 4.2. Seiler Concession.Seller, at Closing r�,will credit, as directed by Buyer,an amount of$n/a to 215 assist with any or all of the following: Buyer's dosing costs,(Seller Concession).Seller Concession is in aeon to 216 any sum Seller has agreed to pay or credit Buyer elsewhere in this Contract Seller Concession will be reduced to 217 the extent It exceeds the aggregate of what Is allowed by Buyer's lender as set forth in the Closing Statement, 218 Closing Disclosure or HUD-1, at Closing. 220 4.3. Earnest Money.The Earnest Money set forth in this section,in the form of Good Funds,will 220 221 be payable to and held by Unified Title Company(Earnest Money Holder),in its trust account, on behalf of both 222 Seller and Buyer.The Earnest Money deposit must be tendered,by Buyer,with this Contract unless the parties 223 mutually agree to an Alternative Earnest Money Deadline(5 3)for its payment The parties authorize delivery of 225 the Earnest Money deposit to the company conducting the Closing(Closing Company),if any,at or before Closing. 226 In the event Earnest Money Holder has agreed to have interest on Earnest Money deposits transferred to a fund 227 established for the purpose of providing affordable housing to Colorado residents, Seller and Buyer acknowledge 228 and agree that any interest accruing on the Earnest Money deposited with the Earnest Money Holder in this 229 230 transaction will be transferred to such fund. 230 231 4.3.1. Alternative Earnest Money Deadline.The deadline for delivering the Earnest Money, if https://www.ctmecontracts.com/eContracts/m_econ/Contracts/Listing_Conlracts/PRINT_S... 3/13/2014 Page 4 of 16 232 other than at the time of tender of this Contract, is as set forth as the Alternative Earnest Money Deadline(§3). 233 4.3.2. Return of Earnest Money.If Buyer has a Right to Terminate and timely terminates, 235 235 Buyer Money as provided is entitled to the return of Earnest in this Contract If this Contract is terminated as set 236 forth In§25 and, except as provided in§24, if the Earnest Money has not already been returned following receipt 237 of a Notice to Terminate,Seller agrees to execute and return to Buyer or Broker working with Buyer,written mutual 238 instructions(e.g., Earnest Money Release form),within three days of Seller's receipt of such form. 239 4.4. Form of Funds;Time of Payment Available Funds. 241 4.4.1. Good Funds.All amounts payable by the parties at Closing, including any loan 242 proceeds, Cash at Closing and dosing costs, must be in funds that comply with all applicable Colorado laws, 243 including electronic transfer funds, certified check,savings and loan teller's check and cashier's check(Good 244 Funds). 246_ 44.2. —Wile of Payment;Available Funds.All funds,includin the Purchase Price to be paid 246 Y t 9 247 by Buyer, must be paid before or at Closing or as otherwise agreed In wilting between the parties to allow 248 disbursement by Closing Company at Closing OR SUCH NONPAYING PARTY WILL BE IN DEFAULT.Buyer 249 250 represents that Buyer, as of the date of this Contract, O Does®Does Not have funds that are immediately 251 verifiable and available in an amount not less than the amount stated as Cash at Closing in § 4.1. 252 4.5. New Loan. 253 4.5.1. Buyer to Pay Loan Costs.Buyer,except as provided in § 4.2, if applicable, must timely 254 255 pay Buyer's loan costs, loan discount points,prepaid items and loan origination tees, as required by lender. 256 4.5.2. Buyer May Select Financing.Buyer may pay in cash or select financing appropriate and 257 acceptable to Buyer, including a different loan than initially sought except as restricted in § 4.5.3 or§ 30 258 (Addmonal Provisions). 259 260 4.5.3. Loan Limitations.Buyer may purchase the Property using any of the following types of 261 loans:0 Conventional ®Other Any type loan at the Buyer's sole discretion. 262 4.6. Assumption. (Omitted as inapplicable) 263 Pb PPI ) 264 265 4.7. Seller or Private Financing. (Omitted as inapplicable) 266 267 268 TRANSACTION 269 270 PROVISIONS 271 272 5. FINANCING CONDITIONS AND OBLIGATIONS. 273 274 5.1. Loan Application. If Buyer is to pay all or part of the Purchase Price by obtaining one or more new 275 loans(New Loan), or if an existing loan is not to be released at Closing, Buyer, if required by such lender, must 276 make an application verifiable by such lender,on or before Loan Application Deadline(§3)and exercise 277 reasonable efforts to obtain such loan or approval. 278 5.2. Loan Objection.If Buyer is to pay all or part of the Purchase Price with a New Loan,this Contract is 280 conditional upon Buyer determining,po y in Buyers sole subjective discretion,whether the New Loan is satisfactory to 281 Buyer, including its availability,payments, interest rate,terms, conditions, and cost of such New Loan.This 282 condition is for the sole benefit of Buyer. Buyer has the Right to Terminate under§25.1,on or before Loan 283 Objection Deadline(§3), if the New Loan is not satisfactory to Buyer,in Buyer's sole subjective discretion. IF 284 285 SELLER IS NOT IN DEFAULT AND DOES NOT TIMELY RECEIVE BUYER'S WRITTEN NOTICE TO 286 TERMINATE,BUYER'S EARNEST MONEY WILL BE NONREFUNDABLE,except as otherwise provided in this 267 Contract(e.g.,Appraisal, Title, Survey). 288 5.3. Credit Information and Buyer's New Senior Loan.(Omitted as inapplicable) 289 290 291 5.4. Existing Loan Review.(Omitted as Inapplicable) 292 293 294 6. APPRAISAL PROVISIONS. 295 6.1.Lender Property Requirements. If the lender imposes any requirements or repairs(Requirements)to 296 be made to the Property(e.g., roof repair, repainting), beyond those matters already agreed to by Seller in this 297 Contract, Seller has the Right to Terminate under 25.1, (notwithstanding 298 g § ( rg§10 of this Contract),on or before three 299 days following Sellers receipt of the Requirements, based on any unsatisfactory Requirements,in Seller's sole 300 subjective discretion. Sellers Right to Terminate in this§6.1 does not apply if,on or before any termination by 301 Seller pursuant to this§6.1: (1)the parties enter into a written agreement regarding the Requirements; or(2)the 302 Requirements have been completed;or(3)the satisfaction of the Requirements is waived In writing by Buyer. 303 6.2. Appraisal Condition.The applicableAppraisalprovision set forth below applies to the respective 3oa PP PP PPI Pe 305 loan type set forth In§4.5.3, or if a cash transaction,(i.e. no financing),§6.2.1 applies. 306 6.2.1. Conventional/Other.Buyer has the sole option and election to terminate this Contract if 307 the Property's valuation, determined by an appraiser engaged on behalf of Buyer is less than the Purchase Price. 308 https://www.cttnecontracts.com/eContracts/m_econ/Coniracts/Listing_Contracts/PRINT_S... 3/13/2014 . 1 Page 5 of 16 309 The appraisal must be received by Buyer or Buyers lender on or before Appraisal Deadline(§3). Buyer has the 710 Right to Terminate under§25.1, on or before Appraisal Objection Deadline(§3), if the Property's valuation is 311 less than the Purchase Price and Seller's receipt of either a copy of such 312 appraisal or written notice from lender 313 that confirms the Property's valuation is less than the Purchase Price.This§6.2.1 is for the sole benefit of Buyer. 314 6.3. Cost of Appraisal.Cost of any appraisal to be obtained after the date of this Contract must be 315 316 timely paid by buyer ❑Seller. The cost of the appraisal may include any and all fees paid to the appraiser, 317 appraisal management company, tenders agent or all three. 318 319 7, OWNERS'ASSOCIATIONS.This Section is applicable if the Property is located within a Common 320 Interest Community and subject to such declaration. 321 __—322_- ______7.1. Owners'Association Documents.Owners'Association Documents(AssociationD.ocuments)323 consist of the following: 324 7.1.1. All Owners'Association declarations,articles of incorporation, bylaws, articles of 325 organization, operating agreements, rules and regulations, party wall agreements; 327 7.1.2. Minutes of most recent annual owners'meeting; 328 7.1.3. Minutes of any directors'or managers' meetings during the six-month period immediately 329 preceding the date of this Contract. If none of the preceding minutes exist,then the most recent minutes, if any(§§ 330 7.1.1, 7.1.2 and 7.1.3, collectively, Governing Documents); and 331 332 7.1.4. The most recent financial documents which consist of. (1)annual and most recent 333 balance sheet, (2)annual and most recent income and expenditures statement,(3)annual budget,(4)reserve 334 study,and(5)notice of unpaid assessments, if any(collectively,Financial Documents). 335 7.2. Common Interest Community Disclosure.THE PROPERTY IS LOCATED WITHIN A 336 COMMON INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR SUCH COMMUNITY. 337 338 THE OWNER OF THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNERS' 339 ASSOCIATION FOR THE COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND 340 REGULATIONS OF THE ASSOCIATION.THE DECLARATION,BYLAWS,AND RULES AND REGULATIONS 341 WILL IMPOSE FINANCIAL OBLIGATIONS UPON THE OWNER OF THE PROPERTY,INCLUDING AN 342 343 OBLIGATION TO PAY ASSESSMENTS OF THE ASSOCIATION.IF THE OWNER DOES NOT PAY THESE 344 ASSESSMENTS,THE ASSOCIATION COULD PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT 345 TO PAY THE DEBT.THE DECLARATION,BYLAWS,AND RULES AND REGULATIONS OF THE COMMUNITY 346 MAY PROHIBIT THE OWNER FROM MAKING CHANGES TO THE PROPERTY WITHOUT AN Sae ARCHITECTURAL REVIEW BY THE ASSOCIATION(OR A COMMITTEE OF THE ASSOCIATION)AND THE 349 APPROVAL OF THE ASSOCIATION.PURCHASERS OF PROPERTY WITHIN THE COMMON INTEREST 350 COMMUNITY SHOULD INVESTIGATE THE FINANCIAL OBLIGATIONS OF MEMBERS OF THE 3351 51 ASSOCIATION.PURCHASERS SHOULD CAREFULLY READ THE DECLARATION FOR THE COMMUNITY 353 AND THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. 354 7.3. Association Documents to Buyer. 355 ❑ 7.3.1. Seller to Provide Association Documents. Seller will cause the Association Documents to 356 be provided to Buyer, at Seller's expense, on or before Association Documents Deadline(§3). 357 358 ❑ 7.3.2.Seller Authorizes Association.Seller authorizes the Association to provide the Association 359 Documents to Buyer,at Seller's expense. 360 7.3.3.Seller's Obligation.Seller's obligation to provide the Association Documents is fulfilled upon 361 362 Buyer's receipt of the Association Documents, regardless of who provides such documents. 363 Note: If neither box in this§7.3 is checked,the provisions of§7.3.1 apply. 364 7.4. Conditional on Buyer's Review.Buyer has the tight to review the Association Documents. Buyer 365 has the Right to Terminate under§25.1,on or before Association Documents Objection Deadline(§3), based 366 367 on any unsatisfactory provision in any of the Association Documents, in Buyers sole subjective discretion.Should 368 Buyer receive the Association Documents after Association Documents Deadline(§3),Buyer, at Buyer's option, 369 has the Right to Terminate under§25.1 by Buyers Notice to Terminate received by Seller on or before ten days 370 after Buyer's receipt of the Association Documents. If Buyer does not receive the Association Documents, or if 371 Buyers Notice to Terminate would otherwise be required to be received by Seller after Closing Date(§3), Buyer's 372 373 Notice to Terminate must be received by Seller on or before Closing. If Seller does not receive Buyers Notice to 374 Terminate within such time, Buyer accepts the provisions of the Association Documents as satisfactory, and Buyer 375 waives any Right to Terminate under this provision, notwithstanding the provisions of§8.6. (Right of First Refusal 376 or Contract Approval). 377 378 379 8. TITLE INSURANCE, RECORD TITLE AND OFF-RECORD TITLE. 380 381 8.1. Evidence of Record Title. 382 ® 8.1.1. Seller Selects Title insurance Company. If this box is checked, Seller will 383 select the title insurance company to furnish the owners title insurance policy at Seller's expense.On or before 384 Record Title Deadline 3 Seller must furnish to Buyer,a current commitment for owners title insurance policy (§ ), y po y https://www.ctmecontracts.com/eContracts/m_econ/Contracts/ListingContracts/PRINT_S... 3/13/2014 Page 6 of 16 386 (Title Commitment), in an amount equal to the Purchase Price,or if this box is checked, ❑an Abstract of Title 387 certified to a current date. Seller will cause the title insurance policy to be issued and delivered to Buyer as soon 388 389 as practicable at or after Closing. 390 ❑ 8.1.2. Buyer Selects Title Insurance Company. If this box is checked, Buyer will select the title 391 insurance company to furnish the owners title insurance policy at Buyer's expense.On or before Record Title 392 393 Deadline(§3), Buyer must furnish to Seller, a current commitment for owners title insurance policy(Title 394 Commitment), in an amount equal to the Purchase Price. 395 If neither box in§&1.1 or§8.1.2 is checked,§8.1.1 applies. 396 8.13. Owner's Extended Coverage The Title Commitment0Will ❑Will Not commit to 397 (OEC). 398 delete or insure over the standard exceptions which relate to:(1)parties in possession, (2)unrecorded easements, 399 _(3)survey matters,(4)unrecorded mechanics'liens,-(5)-gap period(effective date of-commitment-toclate deed-is- -- 400 recorded), and(6)unpaid taxes, assessments and unredeemed tax sales prior to the year of Closing(OEC). If the 401 title insurance company agrees to provide an endorsement for OEC,any additional premium expense to obtain an 402 403 endorsement for OEC will be paid by❑Buyer ®Seller O One-Half by Buyer and One-Half by Seller O 404 Other n/a. 405 Note:Title insurance company may not agree to delete or insure over any or all of the standard exceptions. 407 8.1A. Title Documents.Title Documents consist of the following: (1)copies of any plats, 408 declarations,covenants, conditions and restrictions burdening the Property, and(2)copies of any other documents 409 (or, if illegible, summaries of such documents) listed in the schedule of exceptions(Exceptions)in the Title 410 Commitment furnished to Buyer(collectively,The Documents). 4iz8.1.5. Copies of Title Documents.Buyer must receive,on or before Record Title Deadline(5 413 3). copies of all Title Documents.This requirement pertains only to documents as shown of record in the office of 414 the clerk and recorder in the county where the Property is located.The cost of fumishing copies of the documents 413 required in this Section will be at the expense of the party or parties obligated to pay for the owners title insurance 416 417 P°llcy. 418 8.1.6. Existing Abstracts of Title.Seller must deliver to Buyer copies of any abstracts of title 419 covering all or any portion of the Property(Abstract of Title)in Seller's possession on or before Record Title 420 Deadline(§3). 421 82 Record Title.Buyer has the right to review and object to the Abstract of Title or Title Commitment 423 and any of the Title Documents, as set forth in§8.4(Right to Object to Title, Resolution)on or before Record Title 424 Objection Deadline(§3).Buyer's objection may be based on any unsatisfactory form or content of Title 425 Commitment or Abstract of Title, notwithstanding§ 13, or any other unsatisfactory title condition, in Buyers sole 426 subjective discretion. If the Abstract of Title, Title Commitment or Title Documents are not received by Buyer, on or ate before the Record Title Deadline(§3),or if there is an endorsement to the Title Commitment that adds a new 429 Exception to title,a copy of the new Exception to title and the modified Title Commitment will be delivered to 430 Buyer. Buyer has until the earlier of Closing or ten days after receipt of such documents by Buyer to review and 131 object to: (1)any required Title Document not timely received by Buyer,(2)any change to the Abstract of Title, a32 Title Commitment or Title Documents, or(3)any endorsement to the Title Commitment If Seller receives Buyers 433 Notice to Terminate or Notice of Title Objection, pursuant to this 8.2(Record Title any a34 bl § ). title objection by Buyer is 435 governed by the provisions set forth in§8.4(Right to Object to Title,Resolution). If Seller has fulfilled all Seller's 436 obligations, if any,to deliver to Buyer all documents required by§8.1 (Evidence of Record Title)arid Seller does 437 not receive Buyers Notice to Terminate or Notice of Title Objection by the applicable deadline specified above, 438 439 -Buyer accepts the condition of title as disclosed by the Abstract of Title,Title Commitment and Title Documents as 44o satisfactory. 441 8.3. Off—Record Title.Seller must deliver to Buyer,on or before Off-Record Title Deadline(§3),true 442 copies of all existing surveys in Seller's possession pertaining to the Property and must disclose to Buyer all 441 easements, liens(including,without limitation,governmental improvements approved, yet installed) 444 ( n9. Pr but not or 445 other title matters(including, without limitation, rights of first refusal and options)not shown by public records, of 446 which Seller has actual knowledge(Off-Record Matters). Buyer has the right to inspect the Property to investigate 447 if any third party has any right in the Property not shown by public records(e.g.,unrecorded easement, boundary 448 line discrepancy or water rights). Buyers Notice to Terminate or Notice of Title Objection of any unsatisfactory 450 condition(whether disclosed by Seller or revealed by such inspection,notwithstanding§8.2 and§13), in Buyer's 451 sole subjective discretion, must be received by Seller on or before Off-Record Title Objection Deadline(53). If 452 an Off-Record Matter is received by Buyer after the Off-Record Title Deadline(§3), Buyer has until the earlier of 453 Closing or ten days after receipt by Buyer to review and object to such Off-Record Matter. If Seller receives aso Buyer's Notice to Terminate or Notice of Title Objection 45s Y bl pursuant to the§8.3(Off-Record Title), any title objection 456 by Buyer and this Contract are govemed by the provisions set forth in§8.4(Right to Object to Title, Resolution). If 457 Seller does not receive Buyers Notice to Terminate or Notice of Title Objection by the applicable deadline 458 specified above, Buyer accepts title subject to such rights, if any,of third parties of which Buyer has actual 460 460 knowledg e. 461 8.4. Right to Object to Title,Resolution.Buyer's right to object to any title matters includes, but is not 462 limited to those matters set forth in§§8.2(Record Title),8.3(Off-Record Title)and 13(Transfer of Title), in https://www.ctmecontracts.com/eContracts/m_econ/Contracts/Listing_Contracts/PRINT_S... 3/13/2014 Page 7 of 16 463 Buyer's sole subjective discretion. If Buyer objects to any title matter, on or before the applicable deadline, Buyer 464 has the following options: 465 466 8.4.1. Title Objection,Resolution. If Seller receives Buyers written notice objecting to any title 467 matter(Notice of Title Objection)on or before the applicable deadline, and if Buyer and Seller have not agreed to a 468 written settlement thereof on or before Title Resolution Deadline(§3),this Contract will terminate on the 469 expiration of Title Resolution Deadline(§3), unless Seller receives Buyer's written withdrawal of Buyer's Notice 470 of Title Objection i.e., Buyers written notice to waive objection to such items and waives the Right to Terminate 471 472 for that reason), on or before expiration of Title Resolution Deadline(§3). If either the Record Title Deadline or 473 the Off-Record Title Deadline, or both, are extended to the earlier of Closing or ten days after receipt of the 474 applicable documents by Buyer, pursuant to§8.2(Record Title)or§8.3(Off-Record Title),the Title Resolution 475 Deadline also will be automatically extended to the earlier of Closing or fifteen days after Buyers receipt of the 476 _..- 477 applicable documents;or 478 8.4.2. Title Objection,Right to Terminate.Buyer may exercise the Right to Terminate under§ 479 25.1, on or before the applicable deadline, based on any unsatisfactory title matter, in Buyer's sole subjective 480 discretion. 482 8.5. Special Taxing Districts.SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL 483 OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON 484 THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE 485 PLACED AT RISK FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT 486 WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE 487 488 SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES.BUYERS SHOULD INVESTIGATE 489 THE SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE 490 COUNTY TREASURER,BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY,AND BY 491 OBTAINING FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS,THE COUNTY 492 493 CLERK AND RECORDER, OR THE COUNTY ASSESSOR. 494 Buyer has the Right to Terminate under§25.1,on or before Off-Record Title Objection Deadline(§3), based 495 on any unsatisfactory effect of the Property being located within a special taxing district, in Buyer's sole subjective 496 discretion. 498 8.8. Right of First Refusal or Contract Approval. If there is a right of first refusal on the Property or a 495 right to approve this Contract, Seller must promptly submit this Contract according to the terms and conditions of 500 such right. If the holder of the right of first refusal exercises such right or the holder of a right to approve 501 disapproves this Contract,this Contract will terminate. If the right of first refusal is waived explicitly or expires,or 502 the Contract is approved,this Contract will remain in full force and effect Seller must promptly notify Buyer in 503 504 writing of the foregoing. If expiration or waiver of the right of first refusal or approval of this Contract has not sos occurred on or before Right of First Refusal Deadline(§3),this Contract will then terminate. 506 8.T. Title Advisory.The Title Documents affect the title,ownership and use of the Property and should sot be reviewed carefully.Additionally, other matters not reflected in the Title Documents may affect the title, 508 509 ownership and use of the Property, including,without limitation, boundary lines and encroachments,set-back 510 requirements, area,zoning, building code violations, unrecorded easements and claims of easements, leases and 511 other unrecorded agreements,water on or under the Property, and various laws and governmental regulations 512 concerning land use,development and environmental matters. The surface estate may be owned separately 513 514 from the underlying mineral estate,and transfer of the surface estate does not necessarily include transfer 515 of the mineral rights or water rights.Third parties may hold interests in oil,gas,other minerals, 516 geothermal energy or water on or under the Property,which interests may give them rights to enter and 517 use the Property.Such matters,and others, may be excluded from or not covered by the owners title insurance 518 policy. Buyer is advised to timely consult legal counsel with respect to all such matters as there are strict time limits 5i9 provided in this Contract a Record Title Objection Deadline 3)and Off-Record Title Objection[ �9� 1� � (§ Deadline 521 (§3)]. 522 523 9. CURRENT SURVEY REVIEW. 524 525 9.1. Current Survey Conditions.If the box in§9.1.1 or§9.1.2 is checked,Buyer,the issuer of the Title 526 Commitment or the provider of the opinion of title if an Abstract of Title,and n/a will receive Improvement Location 527 Certificate, Improvement Survey Plat or other form of survey set forth in§9.l1(kollectively, Current Survey), on 528 or before Current Survey Deadline(§3) The Current Survey will be certified by the surveyor to all those who are 530 to receive the Current Survey. Y• 531 D 9.1.1.Improvement Location Certificate. If the box in this§9.1.1 is checked, DSeller DBuyer will 532 order or provide,and pay, on or before Closing,the cost of an Improvement Location Certificate. 533 534 ❑ 9.1.2.Other Survey.lithe box in this§9.1.2 is checked, a Current Survey,other than an Improvement 535 Location Certificate,will be an❑Improvement Survey Plat or®as required by Title Insurance.The parties 536 agree that payment of the cost of the Current Survey and obligation to order or provide the Current Survey as 537 536 follows:Buyer shall order and pay for survey as required by Title Insurance Company. 539 9.2. Current Survey Objection.Buyer has the right to review and object to the Current Survey. If the https://www.ctmecontracts.com/eContracts/m_econ/Contracts/Listing_Contracts/PRINT_S... 3/13/2014 Page 8 of 16 540 Current Survey is not timely received by Buyer or is unsatisfactory to Buyer, in Buyer's sole subjective discretion, 541 Buyer may, on or before Current Survey Objection Deadline(§3), notwithstanding§8.3 or§13: 543 543 9.21. Notice to Terminate.Notify Seller in writing that this Contract is terminated;or 544 9.2.2.Current Survey Objection. Deliver to Seller a written description of any matter that was to be 545 shown or is shown in the Current Survey that is unsatisfactory and that Buyer requires Seller to correct. 546 93. Current Survey Resolution. If a Current Survey Objection is received by Seller, on or before Current 547 Survey Objection Deadline(§3),and if Buyer and Seller have not agreed in writing to a settlement thereof on or 548 549 before Current Survey Resolution Deadline(§3),this Contract will terminate on the Current Survey sso Resolution Deadline(§3), unless Seller receives Buyer's written withdrawal of the Current Survey Objection 551 before such termination, i.e.,on or before expiration of Current Survey Resolution Deadline(§3). 552 553 554 DISCLOSURE, INSPECTION AND DUE DILIGENCE 555 556 557 10. PROPERTY DISCLOSURE,INSPECTION,INDEMNITY, INSURABILITY,DUE DILIGENCE AND sse SOURCE OF WATER. 559 10.1. Seller's Properly Disclosure.On or before Seller's Property Disclosure Deadline(§3), Seller 560 agrees to deliver to Buyer the most current version of the applicable Colorado Real Estate Commission's Seller's 562 Property Disclosure form completed by Seller to Seller's actual knowledge,P current as of the date of this Contract 563 10.2. Inspection Objection. Unless otherwise provided in this Contract Buyer acknowledges that Seller 564 is conveying the Property to Buyer in an'as is"condition,'where is'and"wth all faults.'Colorado law requires that 565 Seller disclosure to Buyer any latent defects actually known by Seller.Disclosure of latent defects must be in 566 writing. Buyer, acting in good faith, has the right to have inspections(by one or more third parties, personally or 567 568 both)of the Property and Inclusions(Inspection),at Buyer's expense. If(1)the physical condition of the Property, 569 including, but not limited to,the roof,walls,structural integrity of the Property,the electrical, plumbing, HVAC and 570 other mechanical systems of the Property, (2)the physical condition of the Inclusions, (3)service to the Property • 571 (including utilities and communication services),systems and components of the Property(e.g.,heating and 572 573 plumbing),(4)any proposed or existing transportation project, road,street or highway, or(5)any other activity, s74 odor or noise(whether on or off the Property)and its effect or expected effect on the Property or its occupants is 575 unsatisfactory, In Buyer's sole subjective discretion, Buyer may, on or before Inspection Objection Deadline(§ 576 3): 578 10.2.1. Notice to Terminate.Notify Seller in writing that this Contract is terminated; or 579 10.2.2. Inspection Objection.Deliver to Seller a written description of any unsatisfactory physical seo condition that Buyer requires Seller to correct 581 10.3. Inspection Resolution. If an Inspection Objection is received by Seller,on or before inspection see Objection Deadline(§3)and if Buyer and Seller have not agreed in writing to a settlement thereof on or before 583 584 Inspection Resolution Deadline(§3),this Contract will terminate on Inspection Resolution Deadline(§3) 585 unless Seller receives Buyer's written withdrawal of the Inspection Objection before such termination,i.e., on or 586 before expiration of Inspection Resolution Deadline(§3)_ 587 10.4. Damage,Liens and Indemnity. Buyer,except as otherwise provided in this Contract or other 589 writtenagreement between the rties, is responsible forpayment for all inspections,tests, surveys,Pa engineering 590 reports, or other reports performed at Buyer's request(Work)and must pay for any damage that occurs to the 591 Property and Inclusions as a result of such Work.Buyer must not permit claims or liens of any kind against the 592 Property for Work performed on the Property. Buyer agrees to indemnify, protect and hold Seller harmless from 593 andagainst liabil' damage,any rty, cost or expense incurred by Seller and caused by any such Work,claim, or lien. 595 This indemnity includes Seller's right to recover all costs and expenses incurred by Seller to defend against any 596 such liability,damage, cost or expense, or to enforce this section,including Sellers reasonable attorney fees, legal 7 fees and expenses.The provisions of this section survive the termination of this Contract This§ 10.4 does not 59 599 apply to items performed pursuant to an Inspection Resolution. 600 10.5. Insurability.Buyer has the right to review and object to the availability,terms and conditions of and 601 premium for property insurance(Property Insurance).Buyer has the Right to Terminate under§25.1, on or before 602 Property Insurance Objection Deadline(§3), based on any unsatisfactory provision of the Property Insurance, 603 boa in Buyer's sole subjective discretion. 605 10.6. Due Diligence. 606 10.6.1. Due Diligence Documents. If the respective box is checked, Seller agrees to deliver 607 copies of the following documents and information pertaining to the Property(Due Diligence Documents)to Buyer hoe on or before Due Diligence Documents Delivery Deadline(§3): 609 610 ® 10.6.1.1. All contracts relating to the operation, maintenance and management of the 611 Property; 612 ® 10.6.1.2. Property tax bilis for the last 1 years; 613 614 ❑ 10.6.1.3. As-built construction plans to the Property and the tenant improvements, 615 including architectural,electrical, mechanical, and structural systems, engineering reports, and permanent 616 Certificates of Occupancy,to the extent now available; https://www.ctmecontracts.com/eContracts/m_econ/Contracts/Listing_Contracts/PRINT_S... 3/13/2014 Page 9 of 16 617 ❑ 10.6.1.4. A list of all Inclusions to be conveyed to Buyer; 619 ❑ 10.6.1.5. Operating statements for the 619 Pe 9 past years; 620 ❑ 10.6.1.6. A rent roll accurate and correct to the date of this Contract fizz ® 10.6.1.7. All current leases, including any amendments or other occupancy agreements, 623 pertaining to the Property. Those leases or other occupancy agreements pertaining to the Property that survive 624 Closing are as follows(Leases):n/a 625 O 10.6.1.8. A schedule of any tenant improvement work Seller is obligated to complete but 626 627 has not yet been completed and capital improvement work either scheduled or in process on the date of this 628 Contract 629 ❑ 10.6.1.9. All insurancepolicies pertaining to the 630 Property and copies of any claims which 631 have been made for the past n/a years; 632 ® 10.6.1.10. Soils reports, Surveys and engineering reports or data pertaining to the 633 Property(if not delivered earlier under§8.3); 633 635 ® 10.6.1.11. My and all existing documentation and reports regarding Phase I and II 636 environmental reports, letters,test results, advisories, and similar documents respective to the existence or 637 637 nonexistence of asbestos, PCB transformers, or other toxic hazardous or contaminated substances,and/or p 638 underground storage tanks and/or radon gas. If no reports are in Seller's mes.ecion or known to Seller, Seller 640 warrants that no such reports are in Seller's possession or known to Seller, 641 ❑ 10.6.1.12. My Americans with Disabilities Act reports,studies or surveys concerning the 642 compliance of the Property with said Act; 643 644 ® 10.6.1.13. All permits, licenses and other building or use authorizations issued by any 645 governmental authority with jurisdiction over the Property and written notice of any violation of any such permits, 646 licenses or use authorizations, it any; and 647 ❑ 648 10.6.1.14. Other documents and information: 649 11/8 650 - 10.6.2. Due Diligence Documents Review and Objection.Buyer has the right to review and 651 object to Due Diligence Documents. If the Due Diligence Documents are not supplied to Buyer or are 652 653 unsatisfactory in Buyer's sole subjective discretion, Buyer, may, on or before Due Diligence Documents 654 Objection Deadline(§3): 655 10.6.2.1. Notice to Terminate.Notify Seller in writing that this Contract is terminated; or 656 10.62.2. Due Diligence Documents Objection. Deliver to Seller a written description of 657 any unsatisfactory Due Diligence Documents that Buyer 658 g y requires Seller to correct. 659 10.6.3. Due Diligence Documents Resolution. If a Due Diligence Documents Objection is 660 received by Seller, on or before Due Diligence Documents Objection Deadline(§3), and if Buyer and Seiler 661 have not agreed in writing to a settlement thereof on or before Due Diligence Documents Resolution Deadline 662 663 (§3),this Contract will terminate on Due Diligence Documents Resolution Deadline(§3)unless Seller receives 664 Buyer's written withdrawal of the Due Diligences Document Objection before such termination, i.e., on or before 665 expiration of Due Diligence Documents Resolution Deadline(§3). 666 10.6.4. Zoning. Buyer has the Right to Terminate under§25.1,on or before Due Diligence 667 Documents Objection Deadline(§3), based on any unsatisfactory zoning and any use Ica uxions imposed by 669 any governmental agency withjurisdiction over the Property, in Buyers sole subjective discretion. 670 10.6.5. Due Diligence—Environmental,ADA.Buyer has the right to obtain environmental 671 inspections of the Property including Phase I and Phase II Environmental Site Asaeswnents,as applicable. O 672 673 Seller ':'s:uyer will order or provide O Phase I Environmental Site Assessment, O Phase II Environmental 674 Site Assessment(compliant with ASTM E1527-05 standard practices for Environmental Site Assessments) 675 and/or®at Buyer's sole discretion,at the expense of OSeller®Buyer (Environmental Inspection). In 677 addition, Buyer, at Buyers expense, may also conduct an evaluation whether the Property Y uY Pe complies with the 678 Americans with Disabilities Ad(ADA Evaluation). All such inspections and evaluations must be conducted at such 679 times as are mutually agreeable to minimize the interruption of Seller's and any Sellers tenants'business uses of 680 the Property, if any. 682 If Buyers Phase I Environmental Site Assessment recommends a Phase II Environmental Site 683 Assessment,the Environmental Inspection Objection Deadline(§3)will be extended by days(Extended 684 Environmental Inspection Objection Deadline)and if such Extended Environmental Inspection Objection Deadline 685 extends beyond the Closing Date(§3),the Closing Date(§3)will be extended a like period of time. In such 686 687 event, OSeller❑Buyer must pay the cost for such Phase II Environmental Site Assessment. 688 Notwithstanding Buyer's right to obtain additional environmental inspections of the Property in this§ 689 10.6.5, Buyer has the Right to Terminate under§25.1,on or before Environmental Inspection Objection 690 Deadline(§3), or if applicable the Extended Environmental Inspection Objection Deadline, based on any 691 unsatisfactory results of Environmental Inspection, in Buyers sole subjective pact uY discretion. 693 Buyer has the Right to Terminate under§25.1,on or before ADA Evaluation Objection Deadline(§3), https://www.ctinecontracts.com/eContracts/m_econ/Contracts/ListingSontracts/PRINT_S... 3/13/2014 Page 10 of 16 694 based on any unsatisfactory ADA Evaluation, in Buyers sole subjective discretion. 695 10.7. Conditional Upon Sale of Property.This Contract is conditional upon the sale and closing of 697 that certain property owned by Buyer and commonly known as n/a. Buyer has the Right to Terminate under§25.1 698 effective upon Sellers receipt of Buyers Notice to Terminate on or before Conditional Sale Deadline(§3)if such 699 property is not sold and closed by such deadline. This§10.7 is for the sole benefit of Buyer. If Seller does not 700 receive Buyers Notice to Terminate on or before Conditional Sale Deadline(§3), Buyer waives any Right to 701 Terminate under this provision. 702 703 10.8. Source of Potable Water(Residential Land and Residential Improvements Only).Buyer O 704 Does ®Does Not acknowledge receipt of a copy of Sellers Property Disclosure or Source of 705 706 Water Addendum disclosing the source of potable water for the Property.Buyer['Does ®Does Not —7oz —admowtedge-receipt-of a copy of the current well permit. There is-No Well: 708 Note to Buyer:SOME WATER PROVIDERS RELY,TO VARYING DEGREES,ON NONRENEWABLE 710 GROUND WATER.YOU MAY WISH TO CONTACT YOUR PROVIDER(OR INVESTIGATE THE DESCRIBED 711 SOURCE)TO DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER'S WATER SUPPUES. 712 10.9. Existing Leases; Modification of Existing Leases;New Leases.Seller states that none of the 713 Leases to be assigned to the Buyer at the time of Closing contain any rent concessions, rent reductions or rent 715 715 abatements except as discloseother wr �received� y d in the Lease or iti Buyer. Seller will not amend, after, 716 modify, extend or cancel any of the Leases nor will Seller enter into any new teases affecting the Property without 717 the prior written consent of Buyer,which consent will not be unreasonably withheld or delayed. 718 720 11. TENANT ESTOPPEL STATEMENTS. 721 11.1. Tenant Estoppel Statements Conditions.Buyer has the right to review and object to any 722 Estoppel Statements. Seller must obtain and deliver to Buyer on or before Tenant Estoppel Statements 723 Deadline(§3),statements in a form and substance reasonably acceptable to Buyer,from each occupant or tenant 724 at the Property(Estoppel Statement)attached to a copy of the Lease stating: 726 726 11.1.1. The commencement date of the Lease and scheduled termination date of the Lease; 727 11.1.2. That said Lease is in full force and effect and that there have been no subsequent 728 modifications or amendments; 729 11.1.3. The amount of any advance rentals paid, rent concessions given, and deposits paid to 731 Seller, 732 11.1.4. The amount of monthly(or other applicable period)rental paid to Seller, 733 11.1.5. That there is no default under the terms of said Lease by landlord or occupant and 734 11.1.6. That the Lease to which the Estoppel is attached is a true,correct and complete copy of 735 the Lease demising the premises it describes. 736 737 11.2. Tenant Estoppel Statements Objection.Buyer has the Right to Terminate under§25.1,on or 738 before Tenant Estoppel Statements Objection Deadline(§3),based on any unsatisfactory Estoppel Statement, 739 in Buyers sole subjective discretion, or if Seller fails to deliver the Estoppel Statements on or before Tenant 740 741 Estoppel Statements Deadline(§3).Buyer also has the unilateral right to waive any unsatisfactory Estoppel 742 Statement 743 744 CLOSING PROVISIONS 745 746 747 748 12. CLOSING DOCUMENTS,INSTRUCTIONS AND CLOSING. 749 12.1.Closing Documents and Closing Information.Seller and Buyer will cooperate with the Closing 750 Company to enable the Closing Company to prepare and deliver documents required for Closing to Buyer and 751 Seller and their designees. If Buyer is obtaining a new loan to purchase the Property, Buyer acknowledges Buyers 752 lender is required to provide the Closing Company,in a timely manner,all required loan documents and financial 754 information concerning Buyers new loan. Buyer and Seller will furnish any additional information and documents 755 required by Closing Company that will be necessary to complete this transaction. Buyer and Seller will sign and 756 complete all customary or reasonably required documents at or before Closing. 757 12.2.Closing Instructions.Colorado Real Estate Commission's Closing Instructions❑Are �re Not 758 759 executed With this Contract. 760 12.3.Closing.Delivery of deed from Seller to Buyer will be at closing(Closing).Closing will be on the date 761 specified as the Closing Date(§3)or by mutual agreement at an earlier date-The hour and place of Closing will 762 763 be as designated by closing company. 764 12.4.Disclosure of Settlement Costs.Buyer and Seller acknowledge that costs,quality, and extent of 765 service vary between different settlement service providers(e.g., attorneys, lenders, inspectors and title 766 companies). 767 768 769 13. TRANSFER OF TITLE.Subject to tender of payment at Closing as required herein and compliance by 770 Buyer with the other terms and provisions hereof. Seller must execute and deliver a good and sufficient general https://www.ctmecontracts.com/eContracts/m_econ/Contracts/Listing_Contracts/PRINT_S... 3/13/2014 Page 11 of 16 771 warranty deed to Buyer, at Closing, conveying the Property free and dear of all taxes except the general taxes 772 for the year of Closing. Except as provided herein,title will be conveyed free and dear of all liens, including any 774 governmental liens for special improvements installed as of the date of Buyer's signature hereon,whether 775 assessed or not Title will be conveyed subject to: 776 13.1. Those specific Exceptions described by reference to recorded documents as reflected in the Title 777 Documents accepted by Buyer in accordance with Record Title(§8.2), 779 132. Distribution utility easements(including cable TV), 780 13.3. Those specifically described rights of third parties not shown by the public records of which 781 Buyer has actual knowledge and which were accepted y g by Buyer in accordance with Of(-Record Title 783 (§ 8.3)and Current Survey Review(§ 9), 784 _ 13:4. -Indusionof the Property within anyspecial taxing district, 786 13.5. Any y special assessment if the improvements were not installed as of the date of Buyer's signature 7e7 hereon, whether assessed prior to or after Closing, and 788 13.6. Other n/a. 789 790 791 14. PAYMENT OF ENCUMBRANCES.Any encumbrance required to be paid will be paid at or before 792 Closing from the proceeds of this transaction or from any other source. 793 794 795 15. CLOSING COSTS,CLOSING FEE,ASSOCIATION FEES AND TAXES. 798 15.1. Closing Costs. Buyer and Seller must 797 pay, in Good Funds,their respective dosing costs and 798 all other items required to be paid at Closing,except as otherwise provided herein. 799 15.2. Closi^t Services Fee. The fee for real estate closing services must be paid at Closing by 801 O Buyer O Seller aOne-Halt by Buyer and One-Half by Seller sot ❑Other n/a. 803 15.3. Status Letter and Record Change Fees. My fees incident to the issuance of Association's 804 805 statement of assessments(Status Letter)must be paid by❑Buyer ❑Seller ❑One-Half by Buyer and One- 806 Half by Seller DNone. My record change fee assessed by the Association including, but not limited to, 808 ownership record transfer fees, regardless of name or title of such fee(Association's Record Change Fee)must be 809 paid by O Buyer O Seller ❑One-Half by Buyer and One-Half by Seller ❑None. e 10 15.4. Local Transfer Tax. O The Local Transfer Tax of n/a %of the Purchase Price 811 812 must be paid at Closing by O Buyer O Seller ❑One-Half by Buyer and One-Half by Seller. ❑None. 813 15.5. Private Transfer Fee. Private transfer fees and other fees due to a transfer of the Property, 814 payable at Closing,such as community association fees,developer fees and foundation fees, must be paid at 816 Closing by❑Buyer❑Seller 00ne-Half by Buyer and One-Half by Seller❑None. The Private Transfer fee, 817 whether one or more, is for the following association(s):n/a in the total amount of%of the Purchase Price or$ . 818 15.6. Water Transfer Fees. The Water Transfer Fees can change.The fees, as of the date of this 820 Contract, do not exceed$n/a for. 821 O Water Stock/ ertiftcates O Water District 822 O Augmentation Membership O Small Domestic Water Company❑n/a and must be paid at Closing by O 823 824 Buyer O Seller ❑One-Half by Buyer and One-Halt by Seller O None. 825 15.7. Sales and Use Tax. My sales and use tax that may accrue because of this transaction 827 must be paid when due by O Buyer O Seller O One-Half by Buyer and One-Half by Seller O None. 828 829 16. PRORATIONS.The following will be prorated to the Closing Date(§3),except as otherwise provided: 830 831 16.1. Taxes.Personal property taxes, if any,special taxing district assessments, if any, and general 832 real estate taxes for the year of Closing, based on O Taxes for the Calendar Year Immediately Preceding 834 Closing ®Most Recent Mill Levy and Most Recent Assessed Valuation, or O Other n/a. 835 16.2. Rents. Rents based on O Rents Actually Received ❑Accrued.At Closing, Seller will 836 transfer or credit to Buyer the security deposits for all Leases assigned,or any remainder after lawful deductions, 838 and notify all tenants in writing of such transfer and of the transferee's name and address. Seller must assign to 839 Buyer all Leases in effect at Closing and Buyer must assume Seller's obligations under such Leases. 840 16.3. Association Assessments.Current regular Association assessments and dues(Association 841 Assessments)paid in advance will be credited to Seller at Closing. Cash reserves held out of the regular 842 Association Assessments for deferred maintenance by the Association will not be credited to Seller except as may 844 be otherwiseprovided by the Governing Documents. Buyer acknowledges ng uy that Buyer may be obligated to pay the 845 Association,at Closing, an amount for reserves or working capital.My special sissecsment assessed prior to 846 Closing Date(§3)by the Association will be the obligation of❑Buyer ❑Seller. Except however,any special 847 https://www.ctmecontracts_com/eContracts/m_econ/Contracts/Listing_Contracts/PRINI'_S... 3/13/2014 Page 12 of 16 848 assessment by the Association for improvements that have been installed as of the date of Buyer's signature 849 hereon,whether assessed prior to or after Closing,will be the obligation of Seller. Seller represents that the 851 Association Assessments are currently payable at approximately$n/aper n/a and that there are no unpaid 851 PPn Y P 852 regular or special assessments against the Property except the current regular assessments and n/a. Such 853 assessments are subject to change as provided in the Governing Documents. Seller agrees to promptly request 854 the Association to deliver to Buyer before Closing Date(§3)a current Status Letter. ass 856 16.4. Other Prorations.Water and sewer charges, propane, interest on continuing loan, and n/a. 857 16.5. Final Settlement Unless otherwise agreed in writing,these proration are final. 858 e6o 17. POSSESSION.Possession of the Property will be delivered to Buyer on Possession Date(§3)at 861. Possession Time(§.3), subject to the Leases as set forth in§_10.6.1.7. 862 n/a 863 - If Seller, after Closing,fails to deliver possession as specified,Seller will be subject to eviction and will be 864 865 additionally liable to Buyer for payment of$n/a per day(or any part of a day notwithstanding§ 18.1)from ass Possession Date(§3)and Possession Time(§3) until possession is delivered. 867 868 869 GENERAL PROVISIONS 870 871 18. DAY;COMPUTATION OF PERIOD OF DAYS,DEADLINE. 873 18.1. Day.As used in this Contract,the term'day'means the entire day ending at 11:59 p.m., United 874 States Mountain Time(Standard or Daylight Savings as applicable). 875 18.2.Computation of Period of Days,Deadline. In computing a period of days,when the ending date is 876 not specified,the first day is excluded and the last day is included(e.g.,three days after MEC). If any deadline falls 877 878 on a Saturday, Sunday or federal or Colorado state holiday(Holiday),such deadline®Will O Will Not be 879 extended to the next day that is not a Saturday, Sunday or Holiday.Should neither box be checked,the deadline 888 will not be extended. 888 883 19. CAUSES OF LOSS,INSURANCE; DAMAGE TO INCLUSIONS AND SERVICES;CONDEMNATION; 884 AND WALK—THROUGH.Except as otherwise provided in this Contract,the Property, Inclusions or both will be 885 delivered in the condition existing as of the date of this Contract,ordinary wear and tear excepted. 886 19.1. Causes of Loss,Insurance.In the event the Property or Inclusions are damaged by fire,other 887 perils or causes of loss prior to Closing in an amount of not more than ten percent of the total Purchase Price 889 (Property Damage), Seller is obligated to repair the same before Closing Date(§3). Buyer has the Right to 890 Terminate under§25.1, on or before Closing Date(§3), if the Property Damage is not repaired before Closing 891 Date(§3)or if the damage exceeds such sum. Should Buyer elect to carry out this Contract despite such Property 892 893 Damage, Buyer is entitled to a credit at Closing for all insurance proceeds that were received by Seller(but not the 894 Association, if any)resulting from such damage to the Property and Inclusions, plus the amount of any deductible 895 provided for in such insurance policy. Such credit must not exceed the Purchase Price. In the event Seller has not 896 received such insurance proceeds prior to Closing,the parties may agree to extend the Closing Date(§3)or, at 897 the option Buyer, assign 898 ptio of Seller must such proceeds at Closing, plus credit Buyer the amount of any deductible 899 provided for in such insurance policy, but not to exceed the total Purchase Price. 900 19.2. Damage,Inclusions and Services.Should any Inclusion or service(including utilities and 901 communication services),system,component or fixture of the Property(collectively Service),e.g., heating or 902 plumbing,fail or be damaged between the date of this Contract and Closing or possession,whichever Is earlier, 904 then Seller is liable for the repair or replacement of such Inclusion or Service with a unit of similar size, age and 905 quality, or an equivalent credit, but only to the extent that the maintenance or replacement of such Inclusion or 906 Service is not the responsibility of the Association, if any, less any insurance proceeds received by Buyer covering 907 such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or replaced on or before 909 Closing or possession,whichever is earlier, Buyer has the Right to Terminate under§25.1,on or before Closing 910 Date(§3), or, at the option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such 911 Inclusion or Service. Such credit must not exceed the Purchase Price. If Buyer receives such a credit, Seller's right 912 for any claim against the Association, if any,will survive Closing. Seller and Buyer are aware of the existence of 913 fa pre—owned home warranty programs that may be purchased and may cover the repair or replacement of such 915 Inclusions. 916 19.3. Condemnation. In the event Seller receives actual notice prior to Closing that a pending 917 condemnation action may result in a taking of all or part of the Property or Inclusions, Seller must promptly notify 918 Buyer, in writing,of such condemnation action. Buyer has the Right to Terminate under§25.1,on or before 910 Closing Date 3), based on such condemnation action, in Buyers sole subjective(§ uy discretion.Should Buyer elect 921 to consummate this Contract despite such diminution of value to the Property and Inclusions, Buyer is entitled to a 922 credit at Closing for all condemnation proceeds awarded to Seller for the diminution in the value of the Property or 9z4Inclusions but such credit will not include relocation benefits or expenses,or exceed the Purchase Price. https://www.ctmecontracts.com/eContracts/m_econ/Contracts/Listing_Contracts/PR NT_S... 3/13/2014 Page 13 of 16 925 19.4. Walk—Through and Verification of Condition.Buyer, upon reasonable notice, has the right to 926 walk through the Property prior to Closing to verify that the physical condition of the Property and Inclusions 927 complies with this Contract. 928 P 929 19.5. Risk of Loss—Growing Crops.The risk of loss for damage to growing crops by fire or other 930 casualty will be borne by the party entitled to the growing crops as provided in§28 and such party is entitled to 931 such insurance proceeds or benefits for the growing crops. 932 933 934 20. RECOMMENDATION OF LEGAL AND TAX COUNSEL.By signing this Contract, Buyer and Seller 935 acknowledge that the respective broker has advised that this Contract has important legal consequences and has 936 recommended the examination of title and consultation with legal and tax or other counsel before signing this 937 Contract. 938 939 940 21. TIME OF ESSENCE,DEFAULT AND REMEDIES.Time is of the essence hereof. If any note or check 941 received as Earnest Money hereunder or any other payment due hereunder is not paid, honored or tendered when 942 due, or if any obligation hereunder is not performed or waived as herein provided,the nondefautting party has the 943 following remedies: 944 945 21.1. If Buyer Is in Default 946 O 21.1.1. Specific Performance.Seller may elect to treat this Contract as canceled, in which case 947 all Earnest Money(whether or not paid by Buyer)will!be paid to Seller and retained by Seller,and Seller may 948 may such damages as 949 g be proper, or Seller may elect to treat this Contract as being in full force and effect 950 and Seller has the right to specific performance or damages, or both. 951 21.1.2. Liquidated Damages,Applicable.This§21.12 applies unless the box in§21.1.1. Is 952 checked.All Earnest Money(whether or not paid by Buyer) uy )will be paid to Seller,and retained by Seller. Both yc4 parties will thereafter be released from all obligations hereunder.it is agreed that the Earnest Money specified in§ 955 4.1 is LIQUIDATED DAMAGES, and not a penalty, which amount the parties agree is fair and reasonable and 956 (except as provided in§§ 10.4,22,23 and 24),said payment of Earnest Money is SELLER'S ONLY REMEDY for 957 Buyer's failure to perform the obligations of this Contract. Seller expressly waives the remedies of specific 958 959 performance and additional damages. 960 21.2. If Seller is In Default Buyer may elect to treat this Contract as canceled,in which case all Earnest 961 Money received hereunder willl be returned and Buyer may recover such damages as may be proper,or Buyer 962 may elect to treat this Contract as being in full force and effect and Buyer has the right to specific performance or 963 damages, or both. 964 965 966 22. LEGAL FEES,COST AND EXPENSES.Anything to the contrary herein notwithstanding, in the event of 967 any arbitration or litigation relating to this Contract, prior to or after Closing Date(§3),the arbitrator or court must 968 award to the prevailing party all reasonable costs and expenses, including attorney fees, legal fees and expenses. 969 970 971 23. MEDIATION. If a dispute arises relating to this Contract, prior to or after Closing, and is not resolved,the 972 parties must first proceed in good faith to submit the matter to mediation. Mediation is a process in which the 973 parties meet with an impartial person who helps to resolve the dispute informally and confidentially. Mediators 974 cannot impose binding decisions. The parties to the dispute must agree, in writing, before any settlement is 976 binding.The parties will jointly appoint an acceptable mediator and will share equally in the cost of such mediation. 977 The mediation, unless otherwise agreed,will terminate in the event the entire dispute is not resolved within thirty 978 days of the date written notice requesting mediation is delivered by one party to the other at the party's last known 979 address.This section will not alter any date in this Contract, unless otherwise agreed. 960 981 982 24. EARNEST MONEY DISPUTE.Except as otherwise provided herein, Earnest Money Holder must release 983 the Earnest Money following receipt of written mutual instructions, signed by both Buyer and Seller. In the event of 984 any controversy regarding the Earnest Money, Earnest Money Holder is not required to release the Earnest 985 Money.Earnest Money Holder, in its sole subjective discretion, has several options: (1)wait for any bl P proceeding 987 between Buyer and Seller, (2)interplead all parties and deposit Earnest Money into a court of competent 988 jurisdiction,(Earnest Money Holder is entitled to recover court costs and reasonable attorney and legal fees 989 incurred with such action);or(3)provide notice to Buyer and Seller that unless Earnest Money Holder receives a 990 copy of the Summons and Complaint or Claim(between Buyer and Seller)containing the case number of the 991 992 lawsuit(Lawsuit)within one hundred twenty days of Earnest Money Holders notice to the parties, Earnest Money 993 Holder is authorized to return the Earnest Money to Buyer. In the event Earnest Money Holder does receive a copy 994 of the Lawsuit,and has not interpled the monies at the time of any Order, Earnest Money Holder must disburse the 995 996 Earnest Money pursuant to the Order of the Court.The parties reaffirm the obligation of Mediation(§23).This 997 Section will survive cancellation or termination of this Contract. 998 999 25. TERMINATION. woo 25.1.Right to Terminate. If a party has a right to terminate, as provided in this Contract(Right to 1001 hops://www.ctmecontracts.coal/eContracts/m_econ/Contracts/Li sting_Contracts/PRINT_S... 3/13/2014 Page 14 of 16 1002 Terminate),the termination is effective upon the other party's receipt of a written notice to terminate(Notice to 1003 Terminate), provided such written notice was received on or before the applicable deadline specified in this 1004 Contract. If the Notice to Terminate is not received on or before the s party g loos specified deadline,the with the Right to 1006 Terminate accepts the specified matter, document or condition as satisfactory and waives the Right to Terminate 1007 under such provision. 1008 25.2.Effect of Termination. In the event this Contract is terminated,all Earnest Money received 1009 hereunder will be returned and the parties are relieved of all obligations hereunder,subject to§§ 10.4,22,23 and ion 24. 1012 1013 26. ENTIRE AGREEMENT, MODIFICATION,SURVIVAL.This Contract, its exhibits and specified addenda, 1014 1015 constitute the entire agreement between the parties relating to the subject hereof, and any prior agreements 1016 Pertaining thereto, whether oral or written, have been merged and integrated into this Contract No subsequent 1017 modification of any of the terms of this Contract is valid, binding upon the parties, or enforceable unless made in 1018 writing and signed by the parties.Any right or obligation in this Contract that, by its terms, exists or is intended to tors be performed after termination or Closing survives the same. 1020 1021 1022 27. NOTICE,DELIVERY,AND CHOICE OF LAW. 1023 27.1. Physical Delivery.All notices must be in writing, except as provided in§27.2. Any document, 1024 including a signed document or notice, from or on behalf of Seller,and delivered to Buyer is effective when lots physically received by Buyer, any signatory on behalf of Buyer, any named individual of Buyer,any representative 1027 of Buyer,or Brokerage Firm of Broker working with Buyer(except for delive ry,Y m8 y after Closing,of the notice 1028 requesting mediation described in§23 and except as provided in§27.2).Any document,including a signed 1029 document or notice, from or on behalf of Buyer, and delivered to Seller is effective when physically received by 3030 Seller, any signatory on behalf of Seller, any named individual of Seller,any representative of Seller, or Brokerage 1032 Firm of Broker working with Seller(except for delivery,after Closing, of the notice requesting mediation described 1032 ry, eq rig 1033 in§23 and except as provided in§27.2.). 1034 27.2.Electronic Delivery.As an alternative to physical delivery, any document, including a signed 1035 document or written notice, may be delivered in electronic form only by the following indicated methods: 1036 1037 ®Facsimile ®E-mail 0 Internet If no box is checked,this§27.2 is not applicable and§27.1 governs 1038 notice and delivery. Documents with original signatures will be provided upon request of any party. 1039 27.3.Choice of Law.This Contract and all disputes arising hereunder are governed by and corat,ued in 1040 1041 accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a 1042 contract in Colorado for property located in Colorado. 1043 1044 28. NOTICE OF ACCEPTANCE,COUNTERPARTS.This proposal will expire unless accepted in writing, by 1045 Buyer and Seller,as evidenced by their signatures below, and the offering party receives notice of such 1046 acceptance pursuant to§27 on or before Acceptance Deadline Date 3)and Acceptance(§ Deadline Time(§ 104e 3). If accepted,this document will become a contract between Seller and Buyer. A copy of this Contract may be 1049 executed by each party,separately, and when each party has executed a copy thereof, such copies taken together loco are deemed to be a full and complete contract between the parties. 1051 1053 29 GOOD FAITH.Buyer and Seller acknowledge that each 1053 Y party has an obligation to act in good faith, including 1054 but not limited to exercising the rights and obligations set forth in the provisions of Financing Conditions and 1055 Obligations(§5),Title Insurance,Record Title and Off—Record Title(§8), Current Survey Review(§9)and 1056 Property Disclosure,Inspection,Indemnity, Insurability,Due Diligence and Source of Water(§ 10). 1057 1058 1059 ADDITIONAL PROVISIONS AND ATTACHMENTS 1060 1061 1062 30. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado 1063 Real Estate Commission.) 1065 1)Buyers at their sole expense shall have the right to conduct any test,study, or Inspection 1066 deemed necessary by the Buyer to satisfy themselves that the Property will meet Buyer's specific 1067 goals and expectations.In the event Buyer is not satisfied with the results of such studies, Buyer 1068 may terminate this contract by giving written notice to Seller on or before 90 days after MEC 1079 objection deadline and in such event neither 1070 (inspection j ), partyshall be further liable to the other 1071 except that the earnest money shall be returned to the Buyer. If written notice of any unsatisfactory 1072 condition has not been received by the Seller or Broker by 90 days after MEC(inspection objection 1074 deadline)then all inspections shall be deemed satisfactory. 1075 1076 2)Seller shall reserve all oil,gas and mineral rights,owned by Seller,If any,on subject Properly. 1077 1078 https://www.ctmecontracts.com/eContracts/m_econ/Contracts/Li sting_Contracts/PRINT_S... 3/13/2014 • Page 15 of 16 1079 3) This contract is contingent upon Buyer successfully obtaining a Use by Special Review from 1080 Weld County on the property. 1081 subject P Party Seller shall cooperate with Buyer to successfully obtain 1082 such Use by Special Review on or before 90 days after MEC.If not; this contract may at Buyers 1083 sole discretion terminate and be considered null and void,and all earnest money shall be returned 1084 to the Buyer. 1085 1086 1087 4)Buyer and Seller acknowledge and agree that this contract is expressly contingent upon the 1089 governmental approval of the Buyer's intended use of this Property. Buyer and Seller acknowledge 1090 and agree that events can happen that are beyond the control of either party to this contract that 1091 could delay this approval process.Buyer hereby agrees to act diligently and in good faith to try to 1092 ._preventsuch-delay:Seller hereby-agrees to-allow-an-extension of up to 60 days to this contractif,- 1093 1094 despite Buyers good faith efforts,such delay occurs. 1095 31. ATTACHMENTS. 1096 31.1.The following attachments are a part of this Contract 1097 n/a 1098 1099 1100 31.2.The following disclosure forms are attached but are not a part of this Contract 1101 n/a 1102 1103 1104 SIGNATURES 1105 1106 1107 1108 a)y)�, /�/y ��// /+'�� 11101 sue a AGf flak/ snit 1110 �/�qg lllz Date: 3/13/2014 (d�J�f 1113 Buyer.Scott D. McBride 1114 1115 1116 1117 1118 1119 1120 p p A i4 est Vir 1122 1123 Date: 3/13/2014 1124 Buyer Shani McBride 1125 y 1126 1127 1128 1129 [NOTE: If this offer Is being countered or rejected,do not sign this document.Reiter to §32] 1130 1131 1132 Seller. Date: 1133 1134 1135 1136 1137 32. COUNTER;REJECTION.This offer is O Countered O Rejected. 0 (dear selection) 1138 Initials only of party(Buyer or Seller)who countered or rejected offer 1139 1140 FEND OF CONTRACT TO BUY AND SELL REAL ESTATE 1141 1142 1143 1144 33. BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. 1146 (To be completed by Broker working with Buyer) 1147 1148 Broker O Does ❑ Does Not acknowledge receipt of Earnest Money 1149 �g P deposit and,while not a party to the 1150 Contract, agrees to cooperate upon request with any mediation concluded under§23.Broker agrees that if 1151 Brokerage Firm is the Earnest Money Holder and,except as provided in§24, if the Earnest Money has not 1152 already been returned following receipt of a Notice to Terminate or other written notice of termination, Earnest 1153 Money Holder will release the Earnest Money as directed by the written mutual instructions. Such release of 1154 1155 https://www.ctalecontracts.corn/eContracts/m_econ/Contracts/Li sting_Contracts/PRINf S... 3/13/2014 Page 15 of 16 1096 n/e 1097 1098 1099 SIGNATURE$ 1100 1101 11021103 _,,{y� �yjq �r 1105 ea t/ j/� o5 4eaf 1104 1106 Date: 3/13/2014 1107 1107 B"yer.Scot tD.McBride 1109 1110 1111 1112 1113 1114 1115 ELI /1t� 1116 !/`�! 1117 4411 1118 Date: 3/13/2014 1119 Buyer Shan/McBride 1120 1121 1122 1123 1124 MOTE:N this offer is being countered or rejected,do not sign this document Refer to 6321 1125 L� 1127 SawDate: 3- /4,PG// 1128 1129 x 3-14 dC 1130 1131 1132 32. LATER;REJECTION.This offer is e Countered C Rejected. • (dear selection) 1133 In - only of party(Buyer or Seaert who countered or rejected offer 1134 1135 END OF CONTRACT TO BUY AND SELL.REAL ESTATE' 1136 1137 1138 i ao 33. BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE 1141 (To be completed by Brokerwoddng with Buyer) 1142 1144 Broker O Does O Does Not acknowledge receipt of Earnest Money deposit and,while not a party to the 1145 Contract agrees to cooperate upon request with any medadon concluded under§23.Balker agrees that if 1146 Brokerage Firm is the Earnest Money Holder and,except as provided to§24,if the Earnest Money has not 1147 already been returned following receipt of a Notice to Terminate or other written notice of terrrdnafion,Earnest 1147 Money Holder will release the Earnest Money as cfneded by the written mutual instructions.Such release of 11501150 Earnest Money will be made within five days of Earnest Money Holder's receipt of the executed mitten mutual 1151 instructions,provided the Earnest Money check has cleared. 1152 115 • 3 1154 Broker is working with Buyer as a O Buyer's Agent O Bailer's Agent O Transaction-Broker in this 1155 transaction.O This is a Change of Status. 1156 1157 1158 Brokerage Firm's compensation or commission Is to be paid by O Listing Brokerage Finn 1159 O Buyer O Other n/a. 1160 1161 1162 Brokerage Firm's Name: Agri-Enterprises,Inc. 1163 1164 1165 /� 1166 1167 i��Il '�rl Lr C444+ 1168 Date: 3/13/2014 1169 1170 Broker's Name:Les Gelvin 1171 Address:420 S.Howes St,Ste 103 Fort Coiiins,CO 80521 1172 Ph:970-221-2607 Fax:970.221-2077 Email:/es@agrienterprfses.com https://www.cimecontracts.com/eContracis/m_econ/Contracts/Listing_Contracts/PRINT S... 3/13/2014 Page 16 of 16 1156 Earnest Money will be made within five days of Earnest Money Holder's receipt of the executed written mutual 1157 instructions,provided the Earnest Money check has cleared. 1158 1159 1160 Broker is working with Buyer as a O Buyer's Agent O Seller's Agent ❑ Transaction-Broker in this 1161 transaction. O This is a Change of Status. 1162 1163 1164 Brokerage Firm's compensation or commission is to be paid by O Listing Brokerage Firm 1165 1166 ❑Buyer O Other n/a. 1167 1168 1169 Brokerage Firm's Name: Agri-Enterprises,Inc. 1170 1171 1172 e / 1173 iTr°ti�y� ew�.Y`_�-7_s 1174 1175 Date: 3/13/2014 1176 Broker's Name:Les Gelvin 1177 Address:420 S. Howes St;Ste 103 Fort Collins, CO 80521 11713 1179 Ph:970-221-2607 Fax:970-221-2077 Email:les@agrienterprises.com 1180 1181 1182 1183 34. BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. 1184 (To be completed by Broker working with Seller) 1185 1186 1187 Broker O Does Does Not 0(n/a) acknowledge receipt of Earnest Money deposit and,while not a party to 1188 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 the Seller as a%Seller's Agent O Buyer's Agent O Transaction-Broker O(n/a) in this transaction. O This is a Change of Status. Brokerage Firm's compensation or commission is to be paid by X Seller O Buyer O Other n/a save Brokerage Firm f ame ( �1ltlecb,v,:et e• i / Broker rt.ti Date:, Address:n/a n/a, n/a nla /�7/? Jf/a.SSRee (itee%✓, Co coe Ph:'n/a Fax:raja- Email: 0f 70-38/- 8.V/ 2 • I- 77o-3 -378° le.er'A0 kff ' 'eQ•d0v✓r C6548-13. CONTRACT TO BUY AND SELL REAL ESTATE(LAND) CTM eContrarts-®2014 C174 Software Corp. https://www.ctmecontracts.com/eContracts/m_econ/Contracts/Listing_Contracts/PRINT_S... 3/14/2014 Property Teelmica 1719 9th St. Greeley,CO 80631 Phone: (970)352.2998 Fax:(970)352-3780 The primed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission. (SPD19-1011)(Mandatory 1-12) THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. SELLER'S PROPERTY DISCLOSURE (ALL TYPES OF PROPERTIES) THIS DISCLOSURE SHOULD BE COMPLETED BY SELLER,NOT BY BROKER. Seller states that the information conrain d in this Disclosure is correct to Seller's CURRENT ACTUAL KNOWLEDGE as of this Date.Any changes will be disclosed by Seller to Buyer promptly after discovery.Seller hereby receipts for a copy of this Disclosure.If the Property is part of a Common Interest Community,this Disclosure is limited to the Property or Unit itself, except as stated in Section L.Broker may deliver a copy of this Disclosure to prospective buyers. Note:If an item is not present at the Property or if an item Is not te be induded in the sale,mark the"N/A"column.The Contract le Buy and Sell Real Estate,not this Disclosure form,determines whether an item is included or excluded;if there is an inconsistency between this form and the Contract,the Contract controls. Date: M3 a, .20/K Property Address: CR 27 South of CR 66 Greeley Colorado 80631 Seller.Melvin Max Ellis and Julia A Ellis -AVa y,, 74 d �' y.2,.�ty�tJiL' �1 �E•f` h'. • t •,7:' S -5iz3 -2,,, ,'., •f' • •cifik.M gat i.v. - rli .� � tli n + �..,.ntimr t. .a. ,R • A. STRUCTURAL CONDITIONS Do any of the follow- Do Not lag conditions now exist or have they ever existed: Yes No Know N/A Comments 1 Smrcmml problems 2 Moisture and/or water problems 3 Damage due to termites,other insects,birds,animals or rodents 4 Damage due to hail,wind,are or Rood 5 Cracks,heaving or sealing problems 6 Exterior wall or window problems 7 Exterior Artificial Stucco(EIFS) 8 Any additions or alterations made 9 Building code,city or county violations IL ROOF Do Not Do any of the following conditions now exist Yes No Know N/A Comments 1 Roof problems _ 2 Roof material: Age iE �e;%>. r.., }T� Roof material. Age t';s-• X? ';+rikt t'+ 3 Roof leak Past 4 Roof leak:Present 5 Damage to roof:Past 6 Damage to roof:Present _ 7 Roof under wanaary Until Transferable 8 Roof work done while under current roof warranty 9 Skylight problems 10 Gutter or downspout problems SPD1A10.11 SELLER'S PROPERTY DISCLOSURE(ALL TYPES OF PROPERTIES) IA4/2074 k03 Page 1 of S Buyer initials Seller initials � VI IN WORKING CONDITION C. APPLIANCES Do Not Age TI Ave the following now in working condition: Yes No Know Known N/A Comments 1 Built-in vacuum system&accessories 2 Clothes dryer 3 Clothes washer 4 Dishwasher 5 Disposal 6 Freezer 7 Gas grill 8 Hood 9 Microwave oven 10 Oven 11. Range 12 Refrigerator 13 T.V.antenna: O Owned O Leased 14 Satellite system or ASS dish LJ Owned O Leased 15 Trash compactor IIN WORKING CONDITION I D. ELECTRICAL&TELECOMMUNICATIONS Do Not Age If Are the following now in working condition: Yes No Know Known N/A Comments 1 Security system: ❑Owned O Leased 2 Smokcllirc dcicatus: O Battery O Hardwire 3 Carbon Monoxide Alarm: O Battery O Hatdwim 4 Tight fixtures 5 Switches&outlets 6 Aluminum wiring(110) 7 Electrical:Phase Voltage Amps 8 Telecommunications(T1,fiber,cable,satellite) 9 Inside telephone wiring&blocks/jacks 10 Abandoned communicadon cables: O Yes ❑No 11 Ceiling fans 12 Garage door opener 13 Garage door commits)# 14 lntercom/doothel 15 In-wall speakers 16 220 volt service 17 Landscape lighting SPDIS-1x11 SELLER'S PROPERTY DISCLOSURE(ALL TYPES OF PROPERTIES) 1/14/2014 8:03 Page 2 of 8 Buyer initials Seller initials /AR ✓1/ IN WORKING CONDITION E. MECHANICAL DoNot Age If Comments Are die following now in working condition: Yet No Know Known N/A pittitlljell 1 IAir conditioning: I" I 1. ;:"N.. Sii,JYt • iTA Evaporative cooler Window units Central Computer room 2 Attic/Whole house fan -- - - - - 3 Vent fans 4 Humidifier _ 5 Air purifier 6- -Sauna • 7 Hot tub or spa 8 Steam room/shower 9 Pool 10 Heating system:Type Fuel TYPe Fuel 11 Water heater Number of Fuel type Capacity 12 Fireplace:Type Fuel 13 Fireplace insert 14 Stove:Type Fuel 15 When was urcplacc/wond stove,chimney/nue last cleaned:Date _ 0 Do Not Know 16 Fuel tanks: ❑Owned 0 Leased 17 Radiant heating system: ❑Interior ❑Exterior Hose type 18 Overhead door 19 Entry gate system 20 a-vans/escalators 21 Lift/hoist/come IN WORKING COPW ON I R WATER,SEWER&OTHER UTILITIES Do Not Age If Are the following now in working condition: Yes No Know Known N/A Comments 1 Water filter system: ❑ Owned ❑Leased 2 Water softener ❑ Owned 0 Leased 3 I Sewageproblems: ❑ Yes ❑No 0 Do&Skim/ e to Ita'_, „,jt"�' �att i 4 Lift station(sewage ejector pump) - 5 Drainage,storm sewers,retention ponds 6 Grey water storage/use 7 Plumbing problems: 0 Yes 0 NoDo not xti.+�.*',� "�` `' ` L �` Wo0know �%r r..Iitic,? Fast•' .'t t`.-? i 8 Sump pump 9 Underground sprinkler system — - 10 Fire sprinkler system 11 Polytaerylenepipe: ❑ Yes ❑No 0 Do not Imow - „- 7' 12 Galvanized pipe: 0 Yes 0 No ❑Do not know ,, jxe — . HBackflow prevention device: ❑Domestic ❑ adon Irrigation ❑Fire❑Sewage — —� Lrigauon pump Well pump SPDl910-11 SELLER'S PROPERTY DISCLOSURE(ALL TYPES OF PROPERTIES) 1/14/2014 8:03 Page 3 of 8 Buyer initials Seller initials O " v IN WORKING CONDITION 1 Do Not G. OTHER DISCLOSURES-IMPROVEMENTS Yes No Know N/A Comments I Included fixtures and equipment now in working '�{ — condition �Jl\ I /e. y i le i �t"`v`r1f N i s.A: ti'' v..__.ICikt RAfL .,,��V. i,,Y```5'S"ct`•� i .,. a.J`j•_ tt :�r7: �+e raiW+ ielgl i .r.l..v _ vU....:.a . _t:��v..0.1.,.._?.\.,a�.. `£�... _tis .t�i7 }5 _3,.v�_..{y�t . , �..L6�.L.: A�..i.ss_.L...St[ IL USE,ZONING&LEGAL ISSUES Do Not Do any of the following conditions now eras: Yes"' No Know N/A Comments 1 I Current use of the Pm f?._r.i' '�`' I I PAY r'•> cs. 2 Zoning violation,variance,conditional use,violation of an �( enforceable PIA)or nonconforming use _ ✓� 3 Notice or threat of condemnation proceedings 4 Notice of any adverse conditions from any governmental or quasi-governmental agency that have not been resolved 5 Violation of restrictive covenants or owners'association rules or regulations 6 Any building or improvements constructed within the past one year from this Date without approval by the Association or the designated approving body 7 Notice of zoning action related to the Property 8 Notice of ADA complaint or report 9 Other legal action L ACCESS,PARKING,DRAINAGE&SIGNAGE Do Not Do any of the following conditions now eras Yes No Know N/A Comments I Any access problems 2 Roads,driveways,trails or paths through the Property used by others 3 Public highway or county road bordering the Property -)S •Are. He �Y 4 Any proposed or esluing transportation project that affects d JPRtt� t 4ef- f C'� or is expected too affect the Property +'z' ra$$r'nf -f kq (t ya,>!y tiadn;A6 olsaC er 5 Encroachments,boundary disputes or unrecorded cements ! 1 6 Shared or common areas with adjoining properties 7 Cross-parking agreement,covenants,easements x it o4 8 Requirements for curb,gravel/paving,landscaping {taets..-zt' rLs a is-"fit 9 Flooding or drainage problems:Past err., n f air -4..Lib tin,e+-{.Mc 10 Flooding or drainage problems:Present IIIt ref4ro4-Kea .�.Iin• LI Signs: O Owned ❑Leased `��_ 12 Signs:Government or private restriction problems SPDl?1011 SELLER'S PROPERTY DISCLOSURE(ALL TYPES OF PROPERTIES) 1/1420148:03 Page 4 of 8 Buyer initials Seller initials r-/r J. WATER&SEWER SUPPLY Do Not Do any of the following conditions now eldst: Yes No Know N/A Comments 1 Water Rights: Type QL 2 Water tap fees paid in full . 3 Sewer tap fees paid in full s�m rd�r:. — _- 4 Subject to augmentation plan i-s,. 3>w;,t'�f:-4+i :a 5 Well required to be metered ro.railpc �,ait—w"` 6 Type of water supply: ❑Public 0 Community❑Well 0 Shared Well O Cistern 0 None If the Property is served by a Well,a copy of the Well Permit 0 Is 0 Is Not attached_Well Permit#: 0 Drilling Records ❑Ate ❑ Are not attached.Shared Well Agreement ❑ Yes 0 No The Water Provider for the Property can be contacted ac Name: Address: -Web Site: • Phone No.: 0 mete is neither a Well nor a Water Provider for the Property.The source of potable water for the Property is(describe source): SOME WATER PROVIDERS RELY,TO VARYING DEGREES,ON NONRENEWABLE GROUND WATER,YOU MAY WISH TO CONTACT YOUR PROVIDER(OR INVESTIGATE THE DESCRIBED SOURCE)TO DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER'S WATER SUPPLIES. 7 Type of sanitary sewer service: 0 Public ❑Community ❑ Septic System 0 None ❑Other If the Property is served by an on-site septic system,supply to buyera copy of the permit Type of septic system: 0 Tank ❑Leach ❑Lagoon K. ENVIRONMENTAL CONDITIONS Do any of the following conditions now Sat Do Not , or have they ever eskie& Yes No Know N/A Comments I Hazardous materials on the Property,such as radioactive, toxic,or binhazanlous materials,asbestos,pesticides, herbicides,wastewater sludge,radon,methane,mill tailings, solvents or petroleum products 4 2 Underground storage tanks 3 Aboveground storage tanks 4 Underground transmission lines S Animals kept in the residence 6 Property used as,situated on,or adjoining a dump,land fill, nr municipal solid waste land fill 7 Monitoring wells or test equipment 8 Sliding,settling,upheaval,movement or instability of earth or expansive soil on the Property 9 Mine shafts,tunnels or abandoned wells on the Property Y1 10 Within governmentally designated geological hazard or nc sensitive area 11 Within governmentally designated flood plain or wetland area 12 Goveanmenmhy designated noxious weeds(within last 3 _years only)If yes,see Section O. Y1 13 Dead,diseased or infested trees or sMrbs (� 14 Environmental assessments,studies or=porn done involving the physical condition of the Property 15Property used for any mining,graveling,or other natural n,t resource extraction operations such as oil and gas wells 16 Endangered species on the Property 17 Archaeological features,fossils,or artifacts on the Property it4 --18 Interior of improvements of Property tobacco smoke-free 19 Other environmental problems Q(' SPDI}10.11 SELLER'S PROPERTY DISCLOSURE(ALL TYPES OF PROPERTIES) 1/1420148:0035 Q, Page 5 of S Buyer initials Seller Initials Ts�0/ 4c r L. COMMON INTEREST COMMUNITY- ASSOCIATION PROPERTY Do Not Do any of the following conditions now mist: Yes Nor Know N/A Comments 1 Property is part of an owners association 2 Special assessments or increases in regular assessments approved by the owners'association but not yet implemented 3 Has the Association made demand or commenced a lawsuit against a builder or contractor alleging defective construction of improvements of the Association Property (common area or property owned or controlled by the Association but outside the Seller's Property or Unit). M. OTHER DLSCLOSURES-GENERAL Do Not Do any of the following-conditions-now exist: Yes No Know N/A 1 Any pan of the Property leased to others(written or oral) 2 Written reports of any building,site,roofing,soils or r[ engineering investigations or studies of the Property (I` 3 Any property insurance claim submitted(whether paid or not) 4 Structural,architectural and engineering plans and/or specticalionns for any existing impnrvtm isits 5 Property was previously used as a methamphetaminc t f' laboratory and not remediated to stare standards J� 6 Governmental special improvements approved,but not yet f7( installed,that may become a lien against the Property Y�` t�e �-;ix oA _tan x s - 9. sN 4wt' �y"- r✓- c. 'k� nawX:.'�t&�'c•.+'r`,=OSs��'r,.v'`�y'k�;,��.Y.��4'r?9:.•�� fi+6Y`'�,.Y;...YI,II►:��3`*N` �`.G$alw"'�$� _• °:•.i':: µ. r3 N. CROPS,LIVESTOCK&LEASES Do Not Do any of the following conditions now exist: Yes No Know N/A Comments I Crops being grown on the Property ?( 2 Seller owns all mops pe 3 Livestock on the Property VS 4 Any land leased from others: ❑ State ❑BLM ❑Federal 0 Private 0 Other O. NOXIOUS WEEDS Do any of the following conditions now exist: The Colorado Noxious Weed Management Act(35-55-101-119 CILS.)enables County and City eovemmmls to implement noxious weeds management programs to reclaim infested as and protect weed-free lad.For a directory of comity weed supervisors call 303-329-4173 or see www.colorado.gov/ag/weeds. Do Not Have any of the following occurred to the Property? Yes No Know N/A Comments 1 Have any noxious weeds on the Property been identified? Q(t 2 Have there been any weal enforcement actions on the ,l Property? 3 Has a noxious weed management plan for the Property been entered into? 4 Have noxious weed management actions been f� implemented? 5 Have herbicides been applied? x SPD19.10•11 SELLER'S PROPERTY DISCLOSURE(ALL TYPES OF PROPERTIES) 1/142014 9:03 Paged of 8 Buyer initials Seller initials G 1i — r'N �• P. OTHER DISCLOSURES-LA ND Do Not Do any of the following conditions now exist: Yes No Know N/A Comments 1 Any pan of the Property enrolled in any governmental programs such as Conservation Reserve Program(CRP),Wetlands Reserve Program(WRP),etc. 2 Conservation easement Seller and Buyer understand that the real estate brokers do not warrant or guarantee the above information on the Property.Property inspection services may be purchased and am advisable.This form is not intended as a substitute loran inspection of the Property. ADVISORY TO SELLER: Failure to disclose a known material defect may result in legal liability. The information contained in this Disclosure has been furnished by Seller,who certifies to the truth thereof based on Seller's CURRENT ACTUAL KNOWLEDGE. (1-/t fift- 3- fit-/V Seller Melvin Max sites Date Seller lie A 2111. Date ADVISORY TO BUYER: 1. Even though Seller has answered the above questions to Seller's currant actual knowledge,Buyer should thoroughly inspect the Property and obtain expert assistance to accurately and fully evaluate the Property to confirm the gates of the following matters: a, the physical condition of the Property; b. the presence of mold or other biological hazards; c. the presence of rodents,insects and vermin including termites; d. the legal use of the Property and legal acs to the Property; e. the availability and source of waver,sewer and utilities; f. the environmental and geological condition of the Property; g. the presence of noxious weeds;and h. any other matters that may affect Buyer's use and ownership of the Property that are important to Buyer as Buyer decides whether to purchase the Property. 2. Sella states that the information is correct to"Seller's current actual knowledge"as of the dare of this form The term"current actual knowledge"is intended to limit Seller's disclosure only to fact actually known by the Seller and dons not include"constructive knowledge"or'common knowledge"or what Seller"should have known"about the Property.The Seller has no duty to inspect the Property when this Disclosure is filled in and signed. 3. Valuable information may be obtained Dom various locaUstate/federal agencies,and other experts may assist Buyer by perforating more specific evaluations and inspections of the Property. 4. Boundaries,location and ownership of fences,driveways,hedges,and similar features of the Property may become the subjects of a dispute between a property owner and a neighbor.A survey may be used to determine the likelihood of such matters. 5. Whether any item is included or excluded is determined by the contract between Buyer and Seller and not this Seller's Property Disclosure. 6. Buyer acknowledges that Seller does not warrant that the Property is fit for Buyer's intended purposes or use of the Property. Buyer acknowledges that Seller's indication that an item is"working"is not to be construed as a warranty of its continued operability or as a representation or warranty that such item is fit for Buyer's intended purposes. 7. Buyer hereby receipts for a copy of this Disclosure. SPD19.1P11 SELLER'S PROPERTY DISCLOSURE(ALL TYPES OFPROPERTIES) 1/14/20144&033 Page 7 of 8 Buyer initials Seller Initials 4/ Buyer Date Buyer SPD1?1611 SELLER'S PROPERTY DISCLOSURE(ALL TYPES OF PROPERTIES) (/142014 SA3 Page ft of S iater Buyer initials Seller initials ! Property Technics 1719 9th St. Greeley,CO 80631 Phone: (970)352-2998 Fax:(970)352-3780 1 I The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission, 2 I (CL8-9.12)(Mandatory 1-13) 3 4 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX 5 OR OTHER COUNSEL BEFORE SIGNING. 6 7 CLOSING INSTRUCTIONS 8 9 Date: January 14, 20I4 10 11 I. PARTIES,PROPERTY. 54 Melvin/ Max Ellis and Julie A Ellis,Seller,and 12 SPrr 4,b Me St.rle a, S.4047 41P.Rede. ,Buyer, 13 engage Unified Title Conany,Closing Company,who agrees to provide 14 closing and settlement services in connection with the Closing of the transaction for the sale and purchase of the Property 15 known as No. CR 27 South of CR 66 Greeley Colorado 80631 16 Street Address City State Zip 17 and more fully described in the Contract to Buy and Sell Real Estate,dated 1)icRCIi /...SL f o2O/y ,including any 18 counterproposals and amendments(Contract).All rants of the Contract are incorporated herein by reference.In the event of any 19 conflict between this Agreement and the Contract,this Agreement shall control,subject to subsequent amendments to the Contract 20 or this Agreement. 21 2. TITLE COMMITMENT,EXCEPTIONS AND POLICY. Closing Company ®Agrees ❑ Does Not agree that: 22 upon completion of a satisfactory title search and examination,it will furnish a Title Insurance Commitment;and it will issue a 23 Title Insurance Policy provided that all requirements have been fulfilled.(losing Company ❑x Agrees ❑ Does Not agree to 24 furnish copies of Exceptions. 25 3. INFORMATION,PREPARATION.CLOSING,RECORDING. Closing Company is authorized to obtain any 26 information necessary for the Closing.Closing Company agrees to prepare(excluding legal documents),deliver and record all 27 documents required or customarily recorded,and disburse all funds and pursuant to the Contract that are necessary to carry out the 28 terms and conditions of the Contract 29 4. CLOSING FEE. Closing Company will receive a fee of$350.00 for providing closing and 30 settlement services(Closing Fee). 31 5. RELEASE,DISBURSEMENT. Closing Company is not authorized to release any signed documents or things of value 32 prior to receipt and disbursement of Good Funds,except as provided in§§9,10 and 11. 33 6. DISBURSER. Closing Company shall disburse all funds,including real estate commissions,except those funds as may be 34 separately disclosed in writing to Buyer and Seller by Closing Company or Buyer's lender on or before Closing. All parties agree 35 that no one other than the disburser can assure that payoff of loans and other disbursements will actually be made. 36 7. SELLER'S NET PROCEEDS. Seller will receive the net proceeds of Closing as indicated: O Cashier's Check at 37 Seller's expense © Funds Electronically Transferred(wire transfer)to an account specified by Seller,at Seller's expense 38 O Closing Company's trust account check. 39 8. CLOSING STATEMENT. Closing Company will prepare and deliver an accurate,complete and detailed closing 40 statement to Buyer and Seller at time of Closing. 41 9. FAILURE OF CLOSING. If Closing or disbursement does not occur on or before Closing Date set forth in the Contract, 42 Closing Company,except as provided herein,is authorized and agrees to return all documents,monies,and things of value to the 43 depositing party,upon which Closing Company will be relieved from any further duty,responsibility or liability in connection 44 with these Closing Instructions.In addition,any promissory note,deed of trust or other evidence of indebtedness signed by Buyer 45 will be voided by Closing Company,with the originals returned to Buyer and a copy to Buyer's lender. 46 10. RETURN OF EARNEST MONEY. Except as otherwise provided in§ 11,Earnest Money Dispute,if the Earnest Money 47 has not already been returned following receipt of a Notice to Terminate or other written notice of termination,Earnest Money CL8-9-12.CLOSING INSTRUCTIONS 1/14/2014 8:02 Pape 1 of 4 48 Holder shall release the Earnest Money as directed by the written mutual instructions. Such release of Earnest Money shall be 49 made within five days of Earnest Money Holder's receipt of the written mutual instructions signed by both Buyer and Seller, 50 provided the Earnest Money check has cleared. 51 11. EARNEST MONEY DISPUTE. In the event of any controversy regarding the Earnest Money(notwithstanding any 52 termination of the Contract),Earnest Money Holder shall not he required to take any action.Earnest Money Holder,at its option 53 and sole subjective discretion,has several options: (1)await any proceeding,(2)interplead all parties and deposit Earnest Money 54 into a court of competent jurisdiction and shall recover court costs and reasonable attorney and legal fees,or(3)provide notice to 55 Buyer and Seller that unless Earnest Money Holder receives a copy of the Summons and Complaint or Claim(between Buyer and 56 Seller)containing the case number of the lawsuit(Lawsuit)within one hundred twenty days of Earnest Money Holder's notice to 57 the parties,Earnest Money Holder shall be authorized to return the Earnest Money to Buyer In the event Earnest Money Holder 58 does receive acopy of the Lawsuit,and has not interpled the monies at the time of any Order,Eamest Money.Holder shall disburse 59 the Earnest Money pursuant to the Order of the Court. 60 12. SUBSEQUENT AMENDMENTS. Any amendments to,or termination of,these Closing Instructions must be in writing 61 and signed by Buyer,Seller and Closing Company. 62 13. CHANGE IN OWNERSHIP OF WATER WELL. Within sixty days after Closing,Closing Company shall submit any 63 required Change in Ownership form or registration of existing well form to the Division of Water Resources in the Department of 64 Natural Resources(Division).with as much information as is available,and the Division shall be responsible for obtaining the 65 necessary well registration information directly from Buyer.Closing Company shall not be liable for delaying Closing to ensure 66 Buyer completes any required form. 67 14. WITHHOLDING. The Internal Revenue Service and the Colorado Department of Revenue may require Closing Company 68 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 69 not be a Colorado resident after Closing.Seller should inquire of Seller's tax advisor to determine if withholding applies or if an 70 exemption exists. 71 15. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate 72 Commission.) 73 74 75 76 16. COUNTERPARTS. This document may be executed by each party,separately,and when each party has executed a copy, 77 such copies taken together shall be deemed to be a full and complete contract between the parties. 78 17. BROKER'S COPIES. Closing Company shall provide,to each broker in this transaction,copies of all signed documents 79 that such brokers are required to maintain pursuant to the rules of the Colorado Real Estate Commission. 80 18. NOTICE,DELIVERY,CHOICE OF LAW. 81 18.1. Physical Delivery. Except as provided in§ 18.2,all notices must be in writing.Any notice or document to Buyer 82 is effective when physically received by Buyer,any individual buyer,any representative of Buyer,or Brokerage Firm of Broker 83 working with Buyer. Any notice or document to Seller shall be effective when physically received by Seller,any individual seller, 84 any representative of Seller,or Brokerage Firm of Broker working with Seller.Any notice or document to Closing Company shall 85 be effective when physically received by Closing Company,any individual of Closing Company,or any representative of Closing 86 Company. 87 18.2. Electronic Delivery. As an alternative to physical delivery,any signed documents and written notice may be 88 delivered in electronic form by the following indicated methods only: © Facsimile Q Email Internet ❑ No Electronic 89 Delivery.Documents with original signatures shall be provided upon request of any party. 90 18.3. Choice of Law. This Contract and all disputes arising hereunder shall be governed by and construed in accordance 91 with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in this state for property 92 located in Colorado. CL8-9-12.CLOSING INSTRUCTIONS 1/142014 8:02 Page 2 of 4 Buyer's Name Buyer's Signature Dare Address: Phone No.: Fax No.: Electronic Address: Buyer's Name Buyer's Signature Date Address: Phone No.: Fax No.: Electronic Address: Seller's Name: Melvin Max Ellis wfr,r3-/4/f Seller's Signature: Date Address: 1626 Entractes Greeley, CO 80631 Phone No.: Fax No.: Electronic Address: Seller's Name: Julie A Ellis �M Seller' amre: Dare Addres . 1616 Fairacree Greeley, CO 80631 Phone No.: Fax No.: Electronic Address: 93 94 CLS-9-12.CLOSING INSTRUCTIONS 1114/2014 8:02 Page 3 of 4 Closing Company's Name: Unified Title Company Authorized Signature Title Date Address: 3690 W. 10th Street, 2nd Floor Greeley, CO 80634 Phone No: 970-356-3551 Fax.No.: 970-356-2063_ Electronic Address: 95 96 97 (TO BE COMPLETED ONLY BY BROKER AND CLOSING COMPANY) 98 99 Dale Souther (Broker), © Working with Seller O Worldly with Buyer 100 engages posing Company as Broker's scrivener to complete,for a fee not to exceed$5.00 at the sole expense of 101 Broker,the following legal documents: ❑R Deed O Bill of Sale O Colorado Real Estate Commission approved Promissory 102 Note ® Colorado Real Estate Commission approved Deed of Trust.Closing Company agrees to prepare,on behalf of Broker, 103 the indicated legal documents pursuant to the terms and conditions of the Contract. 104 105 The documents stated above shall be subject to Broker's review and approval and Broker acknowledges that Broker is responsible 106 for the accuracy of the above documents. 107 108 Brokerage Finn's Name: Property Technics, Inc Broker's Name: Dale Souther �C��1e /yi,%1 Bmk tgnature: �[�rLc1�� DatL� Closing Company's Name: Unified Title Company Authorized Signature Tide Date 109 CLS-9-12.CLOSING INSTRUCTIONS 1/14/2014 8:07 Page 4 of 4 Property Technica 1719 9th St. Greeley, CO 80631 Phone:(970)352.2998 Fax: (970)352-3780 1 I The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission. 2 { (SWA35-8-10)(Mandatory t-11) 3 4 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR 5 OTHER COUNSEL BEFORE SIGNING. 6 7 SOURCE OF WATER ADDENDUM 8 TO CONTRACT TO BUY AND SELL REAL ESTATE- 9 10 Date: January I4, 2014 11 12 1. ADDENDUM TO CONTRACT TO BUY AND SELL REAL ESTATE. This Source of Water Addendum(Addendum) 13 is made a part of that Contract to Buy and Sell Real Estate between Seller and Buyer dated Myth!3j ..?0,1 (Contract), 14 for the purchase and sale of the Property 15 16 known as No. CR 27 South of CR 66 Greeley Colorado 80631 17 Street Address City State Zip 18 19 2. SOURCE OF POTABLE WATER Seller discloses the following information for the source of potable water for the 20 Property: 21 22 ISeltct and complete 1,2 or 3 as applicable.] 23 O 2.1. The Property's source of water is a Well.Well Permit 4$: 24 If a well is the source of water for the Property,a copy of the current Well Permit 25 ❑ la ❑ h Not attached. 26 27 ® 2.2 The Water Provider for the Property can be contacted at 28 Name: North Weld County Water District 29 Address: 32825 CR 39, Lucrene, CO 80646 30 Web Site: snore.nvcwd.org 31 Phone No.: 970-356-3020 32 33 O 23. There is neither a Well nor a Water Provider for the Property.The source of water for the Property is[describe 34 source]: 35 / l lfee is do c(7a-fe.R acfua/l�/ 0'O �/�e fee k'ly 36 37 38 39 NOTE TO BUYER:SOME WATER PROVIDERS RELY,TO VARYING DEGREES,ON NONRENEWABLE E 40 GROUND WATER YOU MAY WISH TO CONTACT YOUR PROVIDER(OR INVESTIGATE THE DESCRIBED 41 SOURCE)TO DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER'S WATER SUPPLIES. 42 Buyer Dale Buyer Date S WA3S-8.10.SOURCE OF WATER ADDENDUM TO CONTRACT TO BUY AND SELL REAL ESTATE 1/1412614&S0S Page 1 of 2 11446 ht 3- '4/-iy Seller Melvin Max Ellis 6Due _207 Stile ie A Ellie Date 43 SWAM9.10.SOURCE OF WATER ADDENDUM TO CONTRACT TO BUY AND SELL REAL ESTATE imam&s Page 2 of 2 Hello