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Home My WebLink About20142888.tiff `geoid! 3461522 03/12/2007 04:45P Weld County, CO 111111111111 IIIII 1111111 IIII IIIII 111111111 111111 IIII _Recorder iCepn 1 of 1 R 6.00 D 0.00 Steve Moreno Clerk 8 Recorder —" SPECIAL WARRANTY DEED THIS DEED, Made this 3rd day of January, 2006, between GODDARD INVEST AIEN'FS LIT' of the County of WELD and State of Colorado,grantor(s),and GODD ARD I,NVES r91E,N'I'S TLC whose legal address is P. O. MIX 67, uRIGIITON, ("O 006171-0067 of the County of WEED and State of Colorado,grantor(s): WITNESSETH,That the grantor(s).for and in consideration of the sum of CONSIDERATION CNDEIt FIVE lit NDRED 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 granteeis), his-her heirs and assigns forever, all the real property, together with improvements, if any,situate,lying and being in the County of WELD,State of Colorado,described as follows: LOT R OF RECORDED EXEMPTION NO.I311-08-4-1284488,RECORDED JA sr CARY 12,1007 AT RECEPTION NO.3447768.BEING A PORTION OF'I'HE SOU I IIF:AS'r()TARTER(1U SECTION 8,TOWNSHIP 2 NOR'fll.RANGF'.67 WEST or TILE 6TH PAL. COI N OF M ETD, ST ATE OF COLORADO. TOGETHER Wrl'll ONE('EN'TIR:AL WELD([UNIT WATER DISTRICT WATERTAI'AND 2 UNITS OF NORTHERN COLOR,A11O WA IER CON'SERA AA'A DISTRICT. also known as street and number as: TOGETHER with all and singular the hercilitantents and appurtenances thereunto helulteIng. or 10 anywise appena uung,and the reversion and reversions.remainder and renuindets. rents. 1551105.and profits the rcol.and all the estate.tight.title interest,claim and demand whatsoc s-el of the granto rU).other in law or equity,ti.tit and 111 the above bargained premises.wAli the hereditameuts and appuitc Dances TO HAVE AND TO HOLD die said premises above bargained and described with the arpmtenanset unto iho grantee(s), his he heirs, and assigns forever The grantor(s). for himself herself. his.Inn bens. and petsonal representatives or successors,does covenant and agree that 'hrslie90es shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee(s). hi,tic heirs and assigns, against alt and every person or persons claiming the whole or any part thereof, by, through or under the grantor(s). IN WITNESS WHEREOF,The grantor(s)has executed this deed on the date set forth above. GODD ARIL A Al EN s 1 A / :__ l XN Ill 1 .1.COI) ). RD.MANAGER DIANE M.coon.MID.NI ANA(Tit STATE OF COLORADO, Ss. County ofA 1±t)Rdams The foregoing instrument was acknowledged before this (a day of Feb YU ,2007 by ANT 11ON1'J.GOI111ARD AND DIANE 51.GODI)ARD AS MANAGERS FOR GODDARII INA FIST\IEN'IS I LC UF4; Witness my hand and official Seal. • '�r:. n '•.. My commission expires: (4 a eZDt D w. t N otary ro ELY_.. No.16.Rev}95.SPECIAL WARRANTY DEED .,,,ecivr,�'Si`h Vein0 tier endel I uI in..n (. L J y 1 W.oi 0 ,:; o U, O .i v. I - o• U � -,1' l-7 o 3. a S S U '1 1.. 4 ^ \ : `M1 u Imo{- S s • i ^ t= 7. HI .-r \E 1 i 0 F o ! , 1 '1 o �aory 7 a - - �'_ z� H ^ 0 f' o w Q. J Z .. 7 � y fir' 1 - - 1 9 \ +r ! -. ♦ . W v t O :-....) U S] M F: W G • i:. riLANDPROFESSiONALS,LLC PO Box 3 103 Blue Heron O.,Mead,Colorado 80542 Phone:303.772.1164 Fax:303.772.1286 cell 970.381.6307 email;inarkt'landpros.uet I I The primed portions of this form,except differentiated additions.have bees approved by the Colando Real Estate Commission. 2 I (CBS4.9-12)(Mandatory 1-131 3 4 THIS FORM HAS IMPORTANT LEGAL.CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR 5 OTHER COUNSEL BEFORE SIGNING. 6 7 CONTRACT TO BUY AND SELL REAL ESTATE R (LAND) 9 1.0 Property with No Residences) 10 t❑ Properly with Residences-Residential Addendum Attached) II 12 13 Date: ar r , i L. ?r I , 14 AGREEMENT 15 I. AGREEMENT. Buyer,identified in S 2.1,agrees to buy,and Seller,identified in 5 2.3,agrees to sell,the Property I6 described below on the tears and conditions set forth in this contract(Contract). 17 2. PARTIES AND PROPERTY. IR 2.1. Buyer. Buyer.Wet c. Supply LLc and/or ass..gn(s),will take title to the Property 19 described below as 0 Joint Tenants U Tenants In Common El Otber NM. 21) 2.2. Assignability and Inurement. This Contract II Shall O Shall Not be assignable by Buyer without Seller's prior 21 written consent.Except us so restricted,this Contract shall inure in the benefit of and be binding upon the heirs,personal 22 representatives,successes and assigns of the penies. 23 2.3. Seller. Seller, oddard Investmenta t.LC.is the current owner of the 24 Property described below. 25 2.4. Property. The Property is the following legally described real estate in the County of Wei ri,Colorado: 26 Lot R of RECX12-0025 being a part of Lot B of RE-44PS being part N2 SE4 of Section 6 7'7N R1'k of the 8th r N. Weld County C() as pc: the eurvey plat recorded at recepti;. No +1190521 on 11.21:2012 27 28 29 30 known as No. vacant land Firestone Colorado 80504 Street Add City Stale Tip ' ttss 31 32 together with the interests.easements,rights,benefits,improvements and attached fixtures appurtenant thereto,and all interest of 33 Seller in vacated streets and alleys adjacent thereto,except as herein excluded(Property). 34 25. Inclusions.The Purchase Price includes the following items(Inclusions): 35 2.5.1. Fixtures. All fixtures attached to the Property on the date of this Contract. . 36 Other Fixtures: N'A 37 xg 39 If any fixtures are attached to the Property after the date of this Contract,such additional fixtures are also included in the Purchase 40 Price. 41 2.51. Personal Property. If on the Property,whether attached or not,on the date of this Contract.the following 42 items are included: 43 N/A 44 0154.9-11 CONTRACT T(1MIT AN4/SELL REAL ESTATE(I.ANDI IRSI20139:03 Alz•Bae� la is Barer IdiSs `a Seller Walsh 45 Other Personal Property: W 46 47 4R The Personal Property to be conveyed at Closing shall be conveyed by Seller free and clear of all taxes(except 49 personal property taxes for the year of Closing),hens and encumbrances,except N'A. 50 Conveyance shall be by bill of sale or other applicable legal instrument. SI 2.5.3. Trade Fixtures. With respect to trade fixtures.Seiler and Buyer agree as follows: 52 v 53 54 The Trade Fixtures to b:conveyed at Closing shall be conveyed by Seller free and clear of all taxes(except personal 55 property taxes for the year of Closing),liens and encumbrances.except N..,Pi.Conveyance 56 shall be by hill of sale or other applicable legal instrument. 57 2.5.4. Wafer Rights,Water and Sewer Taps. sR 2.5.4.1. Deeded Water Rights. The following legally described water rights: 59 all l , 'ril'ai writ' ,trta I:nt'a. e rarer(a; ,I rte, t,: 3( ronne:•f r nu 9411S.T I t -.nc:n::)rTl I:!Itort iipure1 :. al .. shat:-e New :cei fr_d e L;idol: _ana:;nt tort un;r.e a wa Lei Sr :c l lott_a i . rho F.tr,parfI' bt' Chit first earn Cr-fit:adci Wr;rel rbnser road P;stc. •r INi wci) '1t anste.r f Oct at ', i:esu,o so Le: .arid tic Vitt shall aqua 1 pap tot any and ail ttmistel 'cacti required by the il:ten L'ornostir silo N.VL'U at cJaf ro Furthermcr.• 1•uti, ratttex shah cooeetate wilt, each 61 Any water rights shall be conveyed by pet intr'1. ::onipany or Hater distracts t'oquiremeur!: Deed ❑ Other applicable legal instrument 62 U 25.4.2. Well Rights. If any water well is to be transferred to Buyer.Seller agrees to supply required 63 information about such well to Buyer.Buyer understands that if the well to be transferred is a Small Capacity Well or a Domestic 64 Exempt Water Well used for ordinary household purposes,Buyer shall,prior to or at Closing,complete a Change in Ownership 65 form for the well. If an existing well has nm been registered with the Colorado Division of Water Resources in the Department of 66 Natural Resources(Division).Buyer shall complete a registration of existing well form for the well and pay the cost of 67 registration. If no person will be providing a closing service in connection with the transaction,Buyer shall file the form with the 62 Division within sixty days after Closing.The Well Permit#is N/A. 69 2.5.43. [) Water Stock Certificates: 70 See atcve descr.rbed water rights Seller shall provide to Bayer on or before 71 the not Rernrd Title rrea•11 ire -pries of all water stor4 rertifirafes or rIce,:lien r a t i nn et water rights ownership :or water tights described above 72 25,4.4. ❑ Water Thp ❑ Sewer Tap 73 Note:Buyer is advised to obtain,from the provider,written continuation of the amount retraining to be paid,if any,time 74 and other restrictions for transfer and use of the tap. 75 2.5.45. Other Rights: 76 N:A 7) 7R 255. Growing Crops. With respect to growing crops,Seller and Buyer agree as Follows: Ca34aIL CCN RALTTO aUY ArSDSELL REAP.ESTATE(LAND) 4(1Si?0L19A3 /�,��\/�,,.,—' //q�tj[��- Papa of IN Bove friWds f /C Se&rtatWa / ' V ' '7a''J I 79 )'i:. "i( 1c. L:t`. _i _l:r_ . !l:l� =rill `.J.:' :`:1.f •' j.'.r rl!If C:i 1$'1'l: :l I.1! :::I•._• : „ ..cc!co f. . .cat a' _ rnwara; L.:r cr.c ct 'a!,. . Iiear a Aar l_.. I. ,.e- . r L_i ;lc.: ea I;a[ r r _, 1:/'1 1 .. !cs1:.a biz vr• .:fro i t )LL v . t11c .:eat r..... < er -r -sc n nar.,;:c. e `: ':. rr '...•r:: . .:,.,n.: k. ._. r L.a .. -'u.: nl. •.:1 ... : -r . .. .: „i >. - . rimco II nlL:lh.;r '.y. ._r.__ . n_ i,. p, l r .•. f.ry.:. c.. l ..J -l'c ri I:c.:.-I ttt. n•'! :;..: Yu•.n'{ 'c....c. r' .��s:Irrr2r; :n ra:�I I...'•.: tit. 81 24. Exclusions.The following items arc excluded(Exclusions, 82 'i .r R3 N4 3. DATES AND DEADLINES. Item Nu. I Reference I Event I Date or Deadline —1 f t §4.3 Alternative Earnest Money Deadline .v - ------ Title and Assodatlon ---- 2 _ §7.1 Record Title Deadline it, .isys alter ME'i' 3 §7.5 Exceptions Request Deadline .l• days alter Mi t 4 §8.1 Record Title Objection Deadline 7; dnt's .a r r F r Mk(' 5 §8.2 Off-Record Tale Deadline 11, d:,}•- .,r,..r nl;zr- 6 §8.2 Off-Record Tale Objection Deadline — 7f drys at r r- Met 7 §8.3 Title Resolution Deadline — .•. d.�y.= .,Ft:r ,.rr•r --- 8 §7.6 Association Documents Deadline --- 9 4 7.6 Association Documents Objection Deadline - A' 'A ----- -- 10 §8.5 Right of First Refusal Deadline Seller's Property Disclosure 11 § 10.1 Sellers Property Disclosure Deadline 7 days after N.:<: Loan and Credit 12 §5.1 Loan Application Deadline Ni A I3 §52 Loan Objection Deadline N/A 14 _ §5.3 Buyer's Credit Information Deadline N/A 15 §5.3 Disapproval of Buyer's Credit Information Deadline N/A 16 §5.4 Existing Loan Documents Deadline 70 days after NEC 17 §5.4 _ Existing Loan Documents Ob''ection Deadline 75 days after Nei 18 §5.4 Loan Tian erf Approval Deadline N/A Appraisal — -- — — --- 19 16.2 Appraisal Deadline N/A 20 46.2 Appraisal Objection Deadline N/A Survey —_— _ 21 §9.1 Current Survey Deadline „5 days after MEC 22 §92 Current Survey Objection Deadline 75 days after NEC — Inspectlon and Due Diligence • 23 * 102 Inspection Objection Deadline 75 days after NEC 24 4103 Inspection Resolution Deadline 75 days after MEC 25 410.5 Property Insurance Objection Deadline 75 days after NEC 26 410.6 Due Diligence Documents Delivery Deadline 20 days aftet nn:C 27 4 10.7 Due Diligence Documents Objection Deadline 75 daysaftea NEC 28 410.8 Environmental Inspection Objection Deadline - 75 days after NEC 29 4 10.8 ADA Evaluation Objection Deadline N/A --- 30 §11.1 Tenant Estoppel Statements Deadline 10 days after MEC 31 § 11.2 Tenant Estoppel Statements Objection Deadline 75 days after NRC C584.9.12;CONTRACTTO 59 AND SELL REAL ESTATEILANIII M75?L139:n3 > Rae3 W19 auger lr�rWf '�/7�• Seller heat (i// I _ I Closing and Pose�ion -- — ---- 32 912.3 Closing Date ( 33 § 17 _ Possession Dare 11-1,1 §17 Possession Time LI 35 9 28 ---Acceptance Deadline Date - � 36 _§26 Acceptance Deadline time __. 85 Note: Applicability of'ikrms. 86 Any box.blank or line in this Contract left blank or completed with the abbreviation"N/A",or the word"Deleted"means such 87 provision in Dales and Deadlines(§3),including any deadline,is not applicable and the corresponding provision of this Contract SR to which reference is made is deleted 89 The abbreviation"MEC"Imutual execution of this Contract)means the date upon which both parties have signed this Contract. 90 4. PURCHASE PRICE AND TERMS. 91 4.1. Price and Terms. The Purchase Price set forth below shall be payable in U.S.Dollars by Buyer as follows; Item No. Reference Item Amount Amount --__ I 1 §4.1 Purchase Prig S igalt 1 2 §4.2 Earnest Monty _. .__ ..__ $ 3 §4.5 New Loan $ N 4 §4.6 Assumption Balance 9 4.7 Seller or Private Financing 6 n/'.. ' 8 §4.3 Cash at Closing $ srassr t 9 TOTAL S - $ �5 92 4.2. Seller Concession.Seller,at Closing,shall credit,as directed by Buyer,an amount of$N,A to assist 93 with any or all of the following: Buyer's closing costs(Seller Concession).Seller Concession is in addition to any sum Setter has 94 agreed to pay or credit Buyer elsewhere in this Contact Seller Concession shall be reduced to the extent it exceeds the aggregate 95 of what is allowed by Buyer's lender as set forth in the Closing Statement,Closing Disclosure or HUD-I,at Closing. 96 4.3. Earnest Money. The Earnest Money set forth in this section,in the roan of Check, 97 shall he payable to and held by Fa del r ty National Ta tie Company 98 (Earnest Money Holder),in its trust account,on behalf of Nab Seller and Buyer.The Earnest Money deposit shill be 99 tendered,by Buyer,with this Contract unless the parties mutually agree to an Alternative Earnest Money Deadline(9 3)Cur its 00 payment.The parties authorize delivery of the Earnest Money deposit to the company conducting the Closing(Closing Company), 01 if any,at or before Closing.In the event Earnest Money Holder has agreed to have interest on Earnest Money deposits transferred 02 to a fund established for the purpose of providing affordable housing to Colorado residents,Seller and Buyer acimowledge and 03 agree that any interest accruing on the Earnest Money deposited with the Earnest Money Holder in this transaction shall be 04 transferred to such fund. 05 43.1. Alternnlve Earnest Money Deadline.The deadline for delivering the Earnest Money,if other than at die 06 time of tender of this Contract is as eel forth as the Alternative Earnest Money Deadline 19 31. 07 4,3.2. Return of Earnest Money, If Buyer has a Right to Terminate and timely terminates,Buyer shall be US entitled to the return of Earnest Money as provided in this Contract.If this Contract is terminated as set forth in§25 and,except as 09 provided in 9 24.if the Earnest Money has not already been returned following resvipt of a Notice to Terninale,Seller agrees to 10 execute and return to Buyer or Broker waiting with Buyer,written mutual instructions,i.e.,Earnest Money Release form,within I I three days of Seller's receipt of such form. 12 4,4. Form of Fonds;lime of Payment;Fonds Available 13 4.4.1. Good Funds. All amounts payable by the parties at Closing,including any loan proceeds,Cash at Closing 14 and closing casts,shall be in funds that comply with all applicable Colorado laws,including electronic transfer funds,certified 1S check.savings and loan teller's check and cashier's cheek(Good Funds). 16 4.4.2. Available Funds. All funds required to he paid at Closing or as otherwise agreed in writing between the Ct%9.11 CONTRACT TO BUJ AND SELL REAL ESTATE(LAND) 4/25/2013903 �.—. pale 4 aria Buyer loldats Sells Wilds 117 parties shall be timely paid to allow disbursement by Closing Company al Closing OR SUCH PARTY SHALL BE IN DEFAULT. 18 Buyer represents that Buyer.as of the date of this Contra, U Does U Does Not have funds that arc immediately verifiable and 119 available in an amount not less than the amount stated as Cash at Closing in§4.1. 120 4.5. New Loan. /IMTTTED AS TNAPPLICABLE. 132 4.6. Assumption. OMITTED AS INAPPLICABLE. 145 4.7. Seller or Private Financing. Buyer agrees to execute a promissory note payable to +od Jn;.d l r m!>c r = ! c< 146 as Joint Tenants Tenants in Common El Other LI(- 4,,;•r ncrau,:-.on the note form as indicated: 147 IJ (Default Rate)NT081.I(FU6 U Other .N .n secured by a 's r 14R (I sl.2nd.etc.)deed of trust encumbering the Property,using the form as indicated: 14'1 (J Due on Transfer-Strict ITD72-8-10) U Due on Transfer-Creditworthy ITD73-8-10) U Assurable-Not Due on 150 Transfer 1TD74-8-101 ❑Other IS o!. 151 The promissory note shall be amortized on Me basis of not nI te. r,., d:,: = U Years C^-}' Months.payable at S!!n,:• P3runer;r 21 nu,. co;: r moor OS ate r:, Cu::<,no Aars 152 per r. rm.n, ,•: n,i : nn., r..:e„r n, =r a,: -I n.51 n,: sa rrs including principal and interest at the nnc of • k,per annum.Payments shall commence 153 yes't .., toII chic 6 monr l!r n,t0+ cite rna :ia: 2 and shall be due Onlhe „rte :..I.::,ent us tc,r .n!::. r n,.,r,r!:r. !:r rer cr.:aana d„« day of each succeeding sto. raymer,l :.; n,lr .'h;^ r mr•n::IF are e: )• :+: dr!! . if not sooner paid,the balance of 54 principal and accrued interest shall be due and payable •,,,, ,:,v,n,:,. r, .!1 1 nr 4. :ere, -,Os,n.-, after Closing, 55 Payments 0 Shall E] Shall Not be increased by N A of estimated annual real estate taxes,and 0 Shall RI Shall 56 Not be increased by it A of estimated annual property insurance premium.The loan shall also contain the following 57 terms:(I)if any payment is not received within i e days after its due data a late charge of la 0%of such payment 58 shall be due:42)interest on lender disbursements under the deed of trust shall be I P O%per annum;(3)default inlet-cm rate 59 shall be It, d%per annum;(4)Buyer may prepay without a penalty except nc pr epavment pond Ice: 6(1 and(5)Buyer l,i Shall U Shall Not execute and deliver,at Closing.a Security Agreement and UCC- Financing Statement 61 granting the holder of the promissory note a .sr (1 si,2nd,etc.)lien on the personal property included in this sale. 62 Buyer 0 Shall XJ Shall Not provide a mongagec's title insurance policy,at Buyer's expense. 63 TRANSACTION PROVISIONS 64 5. FINANCING CONDITIONS AND OBLIGATIONS. 65 5.1. Loan Application.If Buyer is to pay all or pan of the Purchase Price by obtaining one or more new loans(New 66 Loan),cc if an existing loon is not to be released at Closing,Buyer,if required by such lender,shall make an application verifiable 67 by such lender,on or before Loan Application Deadline(§3)and exercise reasonable efforts to obtain such loan or approval. 66 5,2, Loan Objection, If Buyer is to pay all or part of the Purchase Price with a New Loan,this Contract Is conditional 69 upon Buyer determining,in Buyer's sole subjective discretion,whether the New Loan is satisfactory to Buyer,including its 70 availability,payments,interest tate,terms,conditions and cost of such New Loan.This condition is for the sole benefit of Buyer. 71 Buyer has the Right to Terminate under§25.1,on or before Loan Objection Deadline(§3).if the New Loan is not satisfactory to 72 Buyer,in Buyer's sok subjective discretion.IF SELLER DOES NOT TIMELY RECEIVE WRITTEN NOTICE TO 73 TERMINATE,BUYER'S EARNEST MONEY SHALL BE NONREFUNDABLE,except as otherwise provided in this 74 Contract(e.g.,Appraisal,Title,Survey). 75 5.3, Credit Informadon and Buyer's New Senior Loan. B Buyer is to pay all or part of the Purchase Price by 76 executing a promissory note in favor of Seller,or if an existing loan is not to he released at Closing,this Contract is conditional 77 (for the sole benefit of Seller)upon Seller's approval of Buyer's financial ability and creditworthiness,which approval shall be at 78 Seller's sole subjective discretion. In such case:(I)Buyer shall supply to Seller by Buyer's Credit Information Deadline(I 3), 79 at Buyer's expense,information and documents(including a current credit report)concerning Buyers financial,employment and SU credit condition and Buyer's New Senior Loan,defined below,if any;(2)Buyer consents that Seller may verify Buyer's financial 8I ability and creditworthiness;(3)any such information and documents received by Seller shall be held by Seller in confidence,and 82 not released m others except to protect Seller's interest in this transaction;and(4)in the event Buyer is to execute a promissory 83 note secured by a deed of trust in favor of Seller,this Contract is conditional(for the sole benefit of Seller)upon Seller's approval 84 of the terms and conditions of any New Loan to be obtained by Buyer if the deed of trust to Seller is to be subordinate to Buyer's 85 New Loan(Buyer's New Senior Loan). If the Cash at Closing is less than as set forth in§4.1 of this Contract or Buyer's New 86 Senior Loan changes from that approved by Seller,Seller has the Right to Terminate under§25.),at or before Closing.If Seller R7 disapproves of Buyer's financial ability,creditworthiness or Buyer's New Senior than,in Seller's sole subjective discretion.Seiler CBSC9-It CONTRACT TO fIIY AND SEW.REAL ESTATE(LANDI 4125/2013 9-.03 Pane 5 of IS 7 Buyer Initial, JJ A- Seiler iota& 11(8 has she Right to Terminate under§25.1,on or before Disapproval of Buyer's Credit Information Deadline(§3). Igo 5.4. Existing Loan Review. If an existing loan is not to be released at Closing.Seller shall deliver copies of lie loan 190 documents(including note.deed of trust,and any modifications)to Buyer by Existing Loan Documents Deadline(§3).For the 191 sole benefit of Buyer.this Contract is conditional upon Buyer's review and approval of the provisions of such loan documents. 192 Buyer has the Right to Terminate under§25.1,on or before Existing Loan Documents Objection Deadline(I 3),based on any 193 unsatisfactory provision of such loan documents,in Buyer's sole subjective discretion.lithe lender's approval of a transfer of the 194 Property is required this Contract is conditional upon Buyer's obtaining such approval without change in the terms of such loan, 195 except as set forth in§4.6. If lender's approval is not obtained by Loan Transfer Approval Deadline(i 3).this Contract shall 196 terminate on such deadline.Seller has the Right t0 Terminate under§25.1,on or before Closing,in Seller's sole subjective 197 discretion.if Seller is to he released from liability under such existing loan and Buyer does not obtain such compliance as set foils 198 in§4.6. 199 6. APPRAISAL PROVISIONS. 2(X) 6.1. Lender Property Requirements. If the lender imposes any requirements or repairs(Requirements)to be made to 201 the Property(e.g.,roof repair,repainting),beyond those matters already agreed to by Seller in this Contact,Seller has the Right to 202 Terminate under*25.1,(notwithstanding*10 of this Contract),on or before three days following Seller's receipt of the 203 Requirements,based on any unsatisfactory Requirements,in Seller's sole subjective discretion.Seller's Right to Terminate in this 204 §6.1 shall not apply if,on or before any termination by Seller pursuant to this§6.1: (I)the panes enter into a written agreement 205 regarding the Requirements;or(2)the Requirements have been completed;or(3)the satisfaction of the Requirements is waived in 206 writing by Buyer. 207 6.2. Appraisal Condition. The applicable Appraisal provision set forth below shall apply to the respective loan type set 208 forth in§4.5.3,or if a cash transaction,i.c.no financing,§6.2.1 shall apply, 209 6.2.1. ConventionalOther. Buyer has the sole option and election to terminate this Contract if the Properly's 210 valuation,determined by an appraiser engaged on behalf of N.r. 211 is less than the Purchase Price.The appraisal shall be received by Buyer or Buyer's lender on or before Appraisal Deadline(I 31. 212 Buyer has the Right to Terminate under§25.1,on or before Appraisal Objection Deadline(§3).if the Property's valuation is 213 less than the Purchase Price and Seller's receipt of either a copy of such appraisal or written notice from lender that confirms the 214 Property's valuation is less than the Purchase Price.This§6.2.1 is for the sole benefit of Buyer. 215 6.3. Cost of Appraisal.Cost of any appraisal to be obtained after the date of this Contract shall be timely paid by 216 U Buyer ❑Seater.The out of the appraisal may include any and all fees paid to the appraiser,appraisal management company, 217 lender's agent or all three. 218 7. EVIDENCE OF TITLE AND ASSOCIATION DOCUMENTS. 219 7,1. G Seller Selects Title insurance Company, If this box is checked,Seller shall select the title insurance company 220 to furnish the owner's title insurance policy al Seller's expense. On or before Record Title Deadline(4 31,Seller shall furnish to 221 Buyer.a current commitment for owner's the insurance policy(Title Commitmenq,in an amount equal In the Purchase Price.or 222 if this box is checked, O an Abstract of title certified to a current date.Seller shall cause the title insurance policy to be issued 223 and delivered to Buyer as soon as practicable at or after Closing. 224 7.2. ❑ Buyer Selects Title Insurance Company. If this box is checked,Buyer shall select the title insurance company 225 to furnish the owners'title insurance policy at Buyer's expense.On or before Record Title Deadline(5 3),Buyer shall furnish to 226 Seller,a current commitment for owner's title insurance policy(Title Commitment),in an amount equal to the Purchase Price. 227 If neither box in*7.1 or*7.2 is checked.17.1 applies. 228 73, Owner's Extended Coverage(OW).The Title Commitment Vl Shall ❑ Shall Not commit to delete or Insure 229 over the standard exceptions which relate to:(1)panes in possession.(2)unrecorded easements.(3)survey matters,(4) 230 unrecorded mechanics'liens.(5)gap period(effective dale of oomrnitnaent to date deed is recorded),and(61 unpaid taxes, 231 assessments and unredeemed tax sales prior to the year of Closing(OEC). 232 Note:The title insurance company may not agree to delete or insure over any or all of the standard exceptions. 233 73.1. Premium for OEC. If the title insurance company agrees to provide an endorsement for OEC,any 234 additional premium expense to obtain an endorsement for OEC shall be paid by 0 Buyer 0 Seller 0 One-Half by Buyer and 235 One-Half by Seller ❑ Other Al/A. 236 7.4. Buyer's Right to Review Title Commitment and Title Documents. Buyer has the right to review the Title 237 Commitment.its provisions and Title Documents(defined in§7.5),and if not satisfactory to Buyer,Buyer may exercise Buyer's 238 rights pursuant to§R.I. 239 7.5. Copes of Exceptions. Unless the box in§7.2 is checked(Buyer Selects Title Insurance Company)on or before 240 Record Title Deadline(§3),Seller,al Seller's expense,shall furnish to Buyer and IANDPRO,(I)copies of 241 any plats,declarations,covenants,conditions and restrictions burdening the Property,and(2)if a Ede Commitment is required to 242 be furnished,and if this box is checked 0 Copies of any Other Documents(or,if illegible.summaries of such documents)listed CES0.9.12 CONTRACT TO BUY AND SELL REAL ESTATE(LAND1 4/25O(1B%03 Page s of is Buyer Wilt --1 J' Senn Conies !43 in the schedule of exceptions(Exceptions).Even if the box is not checked,Seller shall have the obligation to furnish these 244 documents pursuant to this section if requested by Buyer any time on or before Exceptions Request Deadline(§3),This 245 requirement shall pertain only so documents as shown of record in the office of the clerk and recorder In the county where the 246 Property is located.The Abstract or Title Commitment.together with any copies or summaries of such documents furnished 247 pursuant to this section,constitute the title documents(collectively,Tide Documents). 248 75.1. Existing Abstracts of Title. Seller shall deliver to Buyer copies of any abstract%of title covering all or ally 249 portion of the Property(Abstract)in Seller's possession on or before Record Tine Deadline(5 3). 250 7.6. Homeowners'Association Documents. Homeowners'Association Documents(Association Documental consist of 251 the following: 252 7.6.1. All Homeowners'Association declarations,bylaws.operating agreements.rules and regulations,party wall 253 agreements: 254 7.6.2. Minutes of most recent annual owners'mectiog; 255 7.6.3. Minutes of any directors'or managers'meetings during the six-month period immediately preceding the 256 date of this Contract. If none of the preceding minutes exist.then the most recent minutes,if any: (66 7.6.1.7.6 2 and 7.6.3. 257 collectively.Governing Documents). 258 7,6.4. The most recent financial documents which consist of:(I i annual and most recent balance sheet,(2)annual 259 and most recent income and expenditures statement,(3)annual budget,and(4)reserve study,if any(collectively,Financial 260 Documents). 261 7.65. Common Interest Community Disclosure. THE PROPERTY IS LOCATED WITHIN A COMMON 262 INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR SUCH COMMUNITY.THE OWNER 263 OF THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNER'S ASSOCIATION FOR THE 264 COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE 265 ASSOCIATION.THE DECLARATION,BYLAWS,AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL 266 OBLIGATIONS UPON THE OWNER OF THE PROPERTY,INCLUDING AN OBLIGATION TO PAY 267 ASSESSMENTS OF THE ASSOCIATION,IF THE OWNER DOES NW'PAY THESE ASSESSMENTS,THE 268 ASSOCIATION COULD PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT.THE 269 DECLARATION,BYLAWS,AND RULES AND REGULATIONS OF THE COMMUNITY MAY PROHIBIT THE 270 OWNER FROM MAKING CHANGES TO THE PROPERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE 271 ASSOCIATION I OR A COMMITTEE OF THE ASSOCIATION)AND THE APPROVAL OF THE ASSOCIATION. 272 PURCHASERS OF PROPERTY WITHIN THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE THE 273 FINANCIAL OBLIGATIONS OF MEMBERS OF THE ASSOCIATION.PURCHASERS SHOULD CAREFULLY 274 READ THE DECLARATION FOR THE COMMUNITY AND THE BYLAWS AND RULES AND REGULATIONS OF 275 THE ASSOCIATION. 276 7.6.6. Association Documents to Buyer. 277 ❑ 7.6,6.1. Seller to Provide Association Document& Seller shall cause the Association Documents to be 278 provided to Buyer,at Sellers expense,on or before Association Documents Deadline(§3). 279 U 7.6.6.2. Seller Authorizes Association. Seller authorizes the Association to provide the Association 280 Documents to Buyer,at Seller's expense. 281 7.6.6.3. Seller's Obligation. Seller's obligation to provide the Association Documents shall be fulfilled 282 upon Buyer's receipt of the Association Documents,regardless of who provides such documents. 283 Note: If neither box in this§7.6.6 is checked,the provisions of§7.6.6.1 shall apply. 284 7.6.7. Conditional on Buyer's Review.Buyer has the right to review the Association Documents.Boyer has the 285 Right to Terminate under§25.1,on or before Association Documents Objection Deadline(5 3),based on any unsatisfactory 286 provision in any of the Association Documents,in Buyer's sole subjective discretion. Should Buyer receive the Association 287 Documents after Association Documents Deadline(§3),Buyer,at Buyer's option,has the Right to Terminate under§25.1 by 288 Buyer's Notice to Terminate received by Seller on or before ten days after Buyer's receipt of the Association Documents.If Buyer 289 does not receive the Association Documents,or if Buyer's Notice to Terminate would otherwise be required to be received by 290 Seller after Closing Date(5 3),Buyer's Notice to Terminate shall be received by Seiler on or before Qosiag(5 123).if Seller 291 does not receive Buyer's Notice to Terminate within such time,Buyer accepts the provisions of the Association Documents as 292 satisfactory,and Buyer waives any Right to Terminate under this provision,notwithstanding the provisions of§8.5. 293 294 S. RECORD TITLE AND OFF-RECORD TITLE, 295 8.1. Record Title. Buyer has the right to review and object to any of the Title Documents(Right to Object to Title, 296 Resolution)as set forth in§8.3.Buyer's objection may be based on any unsatisfactory form or content of Title Commitment, 297 notwithstanding§ 13,or any other unsatisfactory title condition,in Buyer's sole subjective discretion.If Buyer objects to any of 298 the Title Documents,Buyer shall cause Seller to receive Buyer's Notice to Terminate or Notice of Tide Objection on or before 299 Record Title Objection Deadline(5 3).If Tide Documents arc not received by Buyer,on or before the Record Title Deadline CBS49-12 CONTRACT TOBBU�'AND SELL REAL ESTATE(LAND) 42512013403 //�]7- a ran 7 of IS Stye,-iddeb.i '32�` Setter Initials j(�~[V/ 300 t§3),or if there is an endorsement to the Title Commitment That adds a new Exception to title,a copy of the new Exception to tide MI and the modified Tide Commitment shall be delivered to Buyer.Buyer shall cause Seller to receive Buyer's Notice to Terminate 302 or Notice of Title Objection on or before ten days after receipt by Buyer of the following documents:(I)any required Title 303 Document not timely received by Buyer,(2)any change to the Title Documents,or(3)endorsement to the Title Commitment. It 304 Seller receives Buyer's Notice to Terminate or Notice of Title Objection,pursuant to this§8.1 (Record Title),any title objection 305 by Buyer and this Contract shall be governed by the provisions set forth in§83(Right to Object to Title,Resolution).If Seller 306 does not receive Buyer's Notice to Terminate or Notice of Title Objection by the applicable deadline specified aboyc.Buyer 307 accepts the condition of title as disclosed by the Title Documents as satisfactory. 308 8.2. Off-Record Title.Seller shall deliver to Buyer,on or before Off-Record Title Deadline(I 3).true copies of all 309 existing surveys in Seller's possession pertaining to the Property and shall disclose to Buyer all easements.liens(including. 311) without limitation,governmental improvements approved.but out yet installed)or other title matters(including,without 311 limitation,rights of first refusal and options)not shown by public records.of which Seller has actual knowledge(Off-Record 312 Matters). Buyer has the right to inspect the Property to investigate if any third party has any right in the Property not shown by 313 public records(such as an unrecorded easement,unrecorded lease,boundary line discrepancy or water rights). Buyer's Notice to 314 Terminate or Notice of Title Objection of any unsatisfactory condition(whether disclosed by Seller or revealed by such inspection, 315 notwithstanding§ 13),in Buyer's sole subjective discretion,shall be received by Seller on or before Off-Record Title Objection 316 Deadline(§3).If Seller receives Buyer's Notice to Terminate or Notice of Tate Objection pursuant to this§8.2(Off-Record 317 Title),any title objection by Buyer and this Contract shall be governed by the provisions set forth in§8.3(Right to Object to Title, 318 Resolution). If Seller does not receive Buyer's Notice to Terminate or Notice of Tide Objection on or before Off-Record Tide 319 Objection Deadline(§3),Buyer accepts title subject to such rights,if any,of third parties of which Buyer has actual knowledge. 320 Unless disclosed in writing,Seller represents and warrants that there are no Off-Record Matters. 321 8.3. Right to Object to THI€,Resolution. Buyer's Right to Object to Title shall include,but not be limited to those 322 matters set forth in§§8.1 (Record Title).8.2(Off-Record Title)and 13(Transfer of Title),in Buyer's sole subjective discretion 323 (collectively,Right to Object to Title).If Buyer objects to any title matter,on or before the applicable deadline,Buyer has the 324 option to either(i)object to the condition of title,or(2)terminate this Contrael. 325 8.3.1. Title Resolution. If Seller receives Buyer's Notice of Tale Objection,as provided in§8.1 (Record Tntlel or 326 §8.2(Off-Retool Title),on or before the applicable deadline,and if Buyer and Seller have not agreed to a written settlement 327 thereof on or before Title Resolution Deadline(§3),this Convect shall terminate on the expiration of Title Resolution Deadline 328 (§3),unless Seller receives Buyer's written withdrawal of Buyer's Notice of Title Objection(i.e.,Buyer's written notice to waive 329 objection to such items and waives the Right to Terminate for that reason),on or before expiration of Title Resolution Deadline 330 (§31. 331 83,2. Right to Terminate—Title Objection.Buyer has the Right to Terminate under§25.1,on or before the 332 applicable deadline,based on any unsatisfactory title matter,in Buyer's sole subjective discretion. 333 SA. Special Tag Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION 334 INDEBTEDNESS THAT IS PAW BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE 335 PROPERTY WITHIN SUCK DISTRICTS.PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK 336 FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE 337 CIRCUMSTANCES ARISE RESULTING IN TICE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH 338 INDEBTEDNESS WITTIOUT SUCH AN INCREASE IN MILL LEVIES.BUYERS SHOULD INVESTIGATE THE 339 SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE COUNTY 340 TREASURER,BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY,AND BY OBTAINING 34! FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS,THE COUNTY CLERK AND 342 RECORDER.OR THE COUNTY ASSESSOR. 343 Buyer has the Right to Terminate under§25.1,on or before Off-Record Title Objection Deadline(§3),based on any 344 unsatisfactory effect of the Property being located within a special taxing district-in Buyer's sole subjective discretion. 345 8.5. Right of First Retinal or Contract Approval if there Is a right of first refusal on the Property,or a right to 346 approve this Contract,Seller shall promptly submit this Contract according to the terms and conditions of such right.If the holder 347 of the right of first refusal exercises such right or the holder of a right to approve disapproves this Contract.this Contract shall 348 terminate.If the right of first refusal is waived explicitly or expires.or the Contract is approved,this Contract shall remain in full 349 force and effect.Seller shall promptly notify Buyer in writing of the foregoing.If expiration or waiver of the right of fins refusal 350 or Contract approval has not occurred on or before the Right of First Refused Deadline(§3),this Contract shall then terminate. 351 - 8,6. Title Advisory. The Title Documents affect the title,ownership and use of the Property and should be reviewed 352 carefully.Additionally,other matters not reflected in the Title Documents rosy affect the title,ownership and use of the Property, 353 including,without limitation.boundary lines and encroachments,area,zoning,unrecorded easements and claims of easements, 354 leases and other unrecorded agreements.and various laws and governmental regulations concerning land use,development and 355 environmental matters.The surface estate may be owned separately from the underlying Stunt estate,and transfer of the 356 surface estate does not necessarily include transfer of the mineral rights or water rights Third patties may bold interests in (BS4a-I2.cOM'RALTTO Bt 'AND SELL REAL ESTATE 1t.AN0) 4252013 GD) T 1�₹Y ge Sot IN Bu Initials-/tials 4� �-Bum Sin tahtak / \/ 357 oil.gas,other minerals.geothermal energy or water on or under the Property,which interests may give them rights to 358 enter and use the Property.Such matters may be excluded from or not covered by the title insurance policy.Buyer is advised to 359 timely consult legal counsel with respect to all such matters as there are strict time limits provided in this Contract leg.,Record 360 Title Objection Deadline(k 31 and Off-Record Title Objection Deadline(§3)1. 361 9. CURRENT SURVEY REVIEW. 362 9.1. Current Survey Conditions. If the box in§9.1.1 or§9.1.2 is checked,Buyer,the issuer of the Title Commitment .363 or the provider of the opinion of title if an Abstract.and >: .. shall receive a Current Survey,i.e., 364 Improvement Location Certificate,Improvement Survey Pisa or other form of survey set forth in§9.1.2(collectively,Curent 365 Survey).on or before Current Survey Deadline(§3).The Current Survey shall be certified by the surveyor to all those who ore 366 to receive the Current Survey. 367 U 4.11. Improvement Location Certificate. lithe box in this§9.1.1 ix checked, kJ Seller 0 Buyer shall order 368 or provide,and pay.on or before Closing,the cost of an Improvement Location Certificate. 369 Li 9.11. Other Survey. If the box in this§9.1.2 is checked,a Current Survey,ether than an Improvement location 370 Certificate,shall be an ❑ Improvement Survey Plat 0 Al'PA Inlrr.,,emer s:, E•c• t !i' . The parties agree that pay- ment of the cost of 371 the Curren)Survey and obligation to order or provide the Current Survey shall be as follows: 372 9uvu 7 ;t t:u,-c: , cxf r•.__ :-i::;1 I hi, '_ wuibf,. for ctdrrtinc ':Jaw.ir.t :nu ,nu are: A_Jr.. . t r.. . ..,17, ,, fiat dux.Inn -felt roue cfi.1 sae: }yea+;;:p .uu slralI L'1. V-114( Sells: :at+ r:r} Sella a!. sht! credit , _ :1 :ore Frrtye, •rxp?a... rte, re n.. . . r- .nI el ,._r ci..si no lr Burt).. .n e.. m : Soils.: al. nr,r ,,; :esr..cor. r: roc it axperse ^ward tl:E' A!..V u:•'t, _,•Ile. _s e . . + . ..,�r ..'.rr -. _w_stiuJ 6m::dar.e ifn• � . ..-p -e , , _7 373 374 375 9.2. Current Survey Objection. Buyer has the right to review and object to the Current Survey.Buyer has the Right to 376 Terminate under§25.1,on or before the Current Survey Objection Deadline(§3),if the Current Survey is not timely received 377 by Buyer or based on any unsatisfactory matter with the Current Survey,notwithstanding§8.2 or§ 13. 378 DISCLOSURE,INSPECTION AND DUE DILIGENCE 379 10. PROPERTY DISCLOSURE,INSPECTION,INDEMNITY,INSURABILITY DUE DILIGENCE AND SOURCE 380 OF WATER. 381 10.1. Seller's Property Disclosure. On or before Seller's Property Disclosure Deadline(§3),Seller agrees to deliver to 382 Buyer the most current version of the applicable Colorado Real Estate Commission's Seller's Property Disclosure form completed 383 by Seller to Seller's actual knowledge,current as of the date of this Contract. 384 10.2. Inspection Objection. Unless otherwise provided in this Contract.Buyer acknowledges that Seller is conveying the 385 Property to Buyer in an"as is"condition,"where is"and"with all faults".Seller shall disclose to Buyer,in writing,any latent 386 defects actually known by Seller.Buyer,acting in good faith,has the right to have inspections(by one or more third parties, 387 personally or both)of the Property and Inclusions(Inspection),at Buyer's expense.WO)the physical condition of the Property, 388 including,but not limited to,the roof,walls,structural integrity of the Property,the electrical,plumbing,IVAC and other 389 mechanical systems of the Property,(2)the physical condition of the Inclusions,(3)service to the Property(including utilities and 390 communication services),systems and components of the Property.e.g.heating and plumbing,(4)any proposed or existing 391 transportation project,road,street or highway,or(S)any other activity,odor or noise(whether on or off the Property)and its effect 392 or expected effect on the Property or its occupants is unsatisfactory,in Buyer's sole subjective discretion,Buyer shall,on or before 393 Inspection Objection Deadline(§3): 394 10.2.3. Notice to Terminate. Notify Seller in writing that this Contract is terminated;or 395 10.2.2. Inspection Objection. Deliver to Seller a written description of any unsatisfactory physical condition that 396 Buyer requires Seller to owrrect. 397 Buyer has the Right to Terminate under§25.1,on or before Inspection Objection Deadline(§3),if the Property or 398 Inclusions are unsatisfactory.in Buyer's sole subjective discretion. 399 10.3, Inspection Resolution.If an Inspection Objection is received by Seller,on or before Inspection Objection 400 Deadline(§3).and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Inspection Resolution 401 Deadline(§3),this Contract shall terminate on Inspection Resolution Deadline(§3).unless Seller receives Buyer's written (1344-9-12.CONTRACT TO BLIP AND ).REAL} TATS(LAM)) 42V2013903 Pate 9 aria Royer totadr y .v A-- SellertdWb I 402 withdrawal of the Inspection Objection before such termination.i.e.,on or before expiration el Inspection Resolution Deadline 403 (§3). 404 10.4. Damage,Liens and Indemnity. Buyer,except as otherwise provided in this Contract or other written agreement 405 between the parties,is responsible for payment for all inspections,tests,surveys,engineering reports,or other reports performed at 406 Buyer's request(Work)and shall pay for any damage that occurs to the Property and inclusions as a result of such Work, Buyer 407 shall not permit claims or liens of any kind against the Property for Work performed on the Property at Buyer's request.Buyer 408 agrees to indemnify,protect and hold Seller harmless fmm and against any liability,damage,cost or expense incurred by Seller 409 and caused by any such Work,claim,or lien.This indemnity includes Seller's right to recover all costs and expenses incurred by 41(1 Seller to defend against any such liability,damage,cost or expense.or to enforce this section,including Seller's reasonable 41 I attorney fees,legal fees and expenses.The provisions of this section shall survive the termination of this Contract.This h 10.4 412 does not apply to items performed pursuant to an Inspection Resolution. 413 10.5. insurability. Buyer has the right to review and object to the availability,terms and conditions of and premium for 414 property insurance(Property Insurance). Buyer has the Right to Terminate under§ 25.1, on or before Property Insurance 415 Objection Deadline(§3).based on arty unsatisfactory provision of the Property Insurance,in Buyer's sole subjective discretion. 416 10.6. Due Diligence Documents. Seller agrees to deliver copies of the following documents and information pertaining to 417 the Property(Due Diligence Documents)to Buyer on or before Due Diligence Documents Delivery Deadline(§3): 418 10.6.1. All contracts relating to the operation.maintenance and management of the Property; 419 10.6.2, Propeny tax bills for the lust n . years: 420 10.6.3. As-built ix-instruction plans to the Property and the tenant improvements,including archimmural,electrical, 421 mechanical.and structural systems;engineering reports:and permanent Certificates of Occupancy,to the extent now available; 422 10.64. A list of all Inclusions to be conveyed to Buyer; 423 10.6.5. Operating statements for the past N/A years; 424 10.6.6. A rent roll accurate and correct to the date of this Contract: 425 10.6.7. All current leases,including any amendments or other occupancy agreements,pertaining to the Property 426 (Leases; 427 10.6.8. A schedule of any tenant improvement work Seller is obligated to complete but has not yet completed and 428 capital improvement work either scheduled or in process on the date of this Contract; 429 10.6,9. All insurance policies pertaining to the Property and copies of any claims which have been made for the past 43(1 N 'A years'. 431 10.6.10. Soils reports,Surveys and engineering reports or data pertaining to the Property(if not delivered earlier 432 under§8.2): 433 10.6.11. Any and all existing documentation and reports regarding Phase I and II environmental reports.letters,test 434 results,advisories,and similar documents respective to theexistence or nonexistence of asbestos,PCB transformers.or other toxic 435 hazanlous or contaminated substances,and/or underground storage tanks and/or radon gas.If no reports are in Seller's possession 436 or known to Seller.Seller warrants that no such reports are in Seller's possession or known to Seller; 437 10.6.12. Any Americans with Diaabifirlet Ad reports,studies or surveys concerning the compliance of the Property 438 with said Act; 439 10.6.13. Ali permits.licenses and other building or use authorizations issued by any governmental authority with 4-40 jurisdiction over the Property and wrinen police of any violation of any such permits,licenses or use authorizations,if any,and 441 10.6.14. Other Documents: N/A. 442 10.7. Due Diligence Documents Conditions. Buyer has the right to review and object to Due Diligence Documents, 443 zoning and any use restrictions imposed by any governmental agency with jurisdiction over the Property(Zoning),in Buyer's sole 444 subjective discretion.and has the right to object if Seller fails to deliver to Buyer all Due Diligence Documents.Buyer shall also 445 have the unilateral right to waive any condition herein. 446 10.7.1. Due Diligence Documents Objection. Buyer has the Right to Terminate under§25.1,on or before Due 447 Diligence Documents Objection Deadline in 3),based on any unsatisfactory matter with the Due Diligence Documents in 448 Buyer's sole subjective discretion. If all Due Diligence Documents under§10.6 ate not received by Buyer on or before Due 449 Diligence Documents Delivery Deadline(§3),then Buyer has the Right to Terminate under§25,1 on or before the earlier of ten 450 days after Due Diligence Dnctunents Objection Deadline(6 3)or Closing. 45) 10.7.2, Zoning. Buyer has the Right to Terminate under§25.1,on or before Due Diligence Documents Objection 452 Deadline(§3),based on any unsatisfactory zoning,in Buyer's sole subjective discretion. 453 10.73. Source of Potable Water(Residential Laud and Reddestiai improvements Only). Buyer O Does 454 Lj Does Not acknowledge receipt of a copy of Seller's Property Disclosure or Source of Water Addendum disclosing the source 455 of potable water for theProperty,Buyer El Does © Does Not acknowledge receipt of a copy of the current well permit. ©There 456 is No Well. 457 Note to Buyer:SOME WATER PROVIDERS RELY,10 VARYING DECREES,ON NONRENEWABLE GROUND CB849.12.CONTRACT TO ow AND SELL REAL ESTATE(LAND) M3f20t39:03 /� rJ' /1/�10418 Bays lriWb J G'i /"- Sm /erb:06h 1/7\ I 458 WATER.YOU MAY WISH TO CONTACT YOUR PROVIDER(OR INVESTIGATE THE DESCRIBED SOURCE)TO 459 DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER'S WATER SUPPLIES. 460 10.8. Due Diligence—Environmental,ADA. Buyer has the right to obtain environmental inspections of the Property 461 including Phase i and Phase II Environmental Site Assessments,as applicable. Q Seller 0 Buyer shall order or pmviue 462 0 Phase I Environmental Site Assessment, (7 Phase H Environmental Site Assessment(compliant with ASTM£1527-05 463 standard practices for Environmental Site Assessments)and/or G '1v: „ ?yt',.: ^Xi pt ::e anti et : r .!ant ' -awl:.: .-i Rnr eenn,cnl ii nsiit _ :nl Eli ye: . :h:t•or ceceseaz.% e<•c' the:r due 3:1_aas:c,. ,al the expense of [)Seller 464 0 Buyer(Environmental Inspection).In addition,Buyer may also conduct an evaluation whether the Property complies with the 465 Americans with Disabilities Act(ADA Evaluation), All such inspections and evaluations shall be conducted at such times as are 466 minutely agreeable to minimise the interruption of Seller's and any Seller's tenants'business uses of the Property,if any. 467 If Buyer's Phase I Environmental Site Assessment recommends a Phase II Environmental Site Assessment.the 468 Environmental Inspection Objection Deadline(§3)shall be extended by N A days(Extended Environmental Inspection 469 Objection Deadline)and if such Extended Environmental Inspection Objection Deadline extends beyond the Closing Date(§3), 470 the Closing Date(§3)shall be extended a like period of time. 471 Buyer has the Right to Terminate under§25.1,on or before Environmental Inspection Objection Deadline(§3),tr if 472 applicable the Extended Environmental Inspection Objection Deadline,based on any unsatisfactory, results of Environmental 473 Inspection,in Buyer's sole subjective discretion. 474 Buyer has the Right to Terminate under§25.1,on or before ADA Evaluation Objection Deadline(§3),based on any 475 unsatisfactory ADA Evaluation,in Buyer's sole subjective discretion. 476 10.9. Existing Leases;Modification of Existing Leases;New Lenses.Seller states that none of the Le ces to be assignee 477 to the Buyer at the time of Closing contain any rent concessions.rent reductions or rent abatements except as disclosed in the 478 Lease or other writing received by Buyer.Seller shall not amend,alter,modify,extend or cancel any of the Leases nor shall Seller 479 enter into any new leases affecting the Property without the prior written consent of Buyer,which consent shall nol be 480 unreasonably withheld or delayed. 481 11. TENANT ESTOPPEL STATEMENTS. 482 11.1, 'Mont Estoppel Statements Conditions. Buyer has the right to review and object to any Estoppel Statements. 483 Seller shall obtain and deliver to Buyer on or before Tenant Estoppel Statements Deadline(§3),statements in a form and 484 substance reasonably acceptable to Buyer,from each occupant or tenant at the Property(Estoppel Statement)attached to a copy of 485 such occupant's or tenant's lease and any amendments(Lease)stating: 486 11.1.1. The commencement date of the Lease and scheduled termination date of the Lease: 487 11.1.2. That said Lease is in full force and effect and that there have been no subsequent modifications or 488 amendments: 489 11.1-3. The amount of any advance rentals paid,rent concessions given,and deposits paid to Seller: 490 11.1A. The amount of monthly for other applicable period)rental paid to Seller: 491 11.1.5. That there is no default under the terms of said Lease by landlord or occupant;and 492 11.1.6. That the Lease to which the Estoppel is attached is a true,correct and complete copy of the Lease demising 493 the premises it describes. 494 11.2, Tenant Estoppel Statements Objection. Buyer has the Right to Terminate under§25.1,on or before 7Nnant 495 Estoppel Statements Objection Deadline(§3).based on any unsatisfactory Estoppel Statement,in Buyer's sole subjective 496 discretion or if Seller fails to deliver the Estoppel Statements on or before Tenant Estoppel Statements Deadline(§3).Buyer 497 shall also have the unilateral right to waive any unsatisfactory Estoppel Statement. 498 CLOSING PROVISIONS 499 12. CLOSING DOCUMENTS,INSTRUCTIONS AND CLOSING. 500 12.1. Closing Documents and Closing Informadon. Seller and Buyer shall cooperate with the Closing Company to 501 enable the Closing Company to prepare and deliver documents required for Closing to Buyer and Seller and their designees.If 502 Buyer is obtaining a new loan to purchase the Property,Buyer acknowledges Buyer's lender shall be required to provide the 503 Closing Company,in a timely manner.all required loan documents and financial information concerning Buyer's new loan.Buyer 504 and Seller will furnish any additional information and dacwnents required by Closing Company that will be necessary to complete 505 this transaction.Buyer and Seller shall sign and complete all customary or reasonably required documents at or before Closing. 506 12.2. Closing Instructions.. Colorado Real Estate Commission's Closing Instructions 0 Are 0 Are Not executed with 507 this Contract. 508 123, Closing. Delivery of deed from Seller to Buyer shall be at closing(Closing).Closing shall be on the date specified CB54-942.co TIUCTTO BUY AND SELL REAL ESTATE tLANDi 4/25D013 9:03 ///�• /) pee 11 of IS Buyer Labials •. at �; SrarrlatttYr /de /1`C(",-/t_G✓,'// - 509 as the Closing Date II 3)or by mutual agreement at an earlier date. The hour and place of Closing shall be as designated by 310 (:.(inc. Hrowc:. . 511 12.4. Disclosure of Settlement Coats. Buyer and Seller acknowledge that costs,quality,and extent of service vary 512 between different settlement service providers(e.g..attorneys,lenders,inspectors and title companies). 513 I3. TRANSFER OF TITLE. Subject to tender of payment at Closing as required herein and compliance by Buyer with the 514 other terms and provisions hereof,Seller shall execute and deliver a good and sufficient spy,-!.s 1 Warrant 3 deed 515 to Buyer.at Closing,conveying the Property free and clear of all taxes except the general taxes for the year of Closing.Except as 516 provided herein,title shall be conveyed free and clear of all liens,including any governmental liens for special improvements 517 installed as of the date of Buyers signature hereon,whether assessed or not.Title shall be conveyed subject to: 518 13.1. Those specific Exceptions described by reference to recorded documents as reflected in the Title Documents 519 accepted by Buyer in accordance with Record Title(4 8.11. 520 13.2. Distribution utility easements(including cable TV), 521 13.3. Those apecifitrlly described rights of thini panics not shown by the public records of which Buyer has actual 522 knowledge and which were accepted by Buyer in accordance with Off-Record Title(ti 8.2)and Current Survey Resiew(g 9). 523 13.4. Inclusion of the Property within any special taxing district.and 524 13.5. Other u a, 525 14. PAYMENT OF ENCUMBRANCES. Arty encumbrance required to be paid shall be paid at or before Closing from the 526 proceeds of this transaction or from any other source. 527 15, CLOSING COSTS,CLOSING FEE,ASSOCIATION PEES AND TAXES. 528 15.1. Closing Costs. Buyer and Seller shall pay,in Good Funds.their respective closing costs and all other items required 529 to be paid at Closing,except as othenvise provided herein. 530 15.2. Closing Services Fee. The fee for real estate closing services shall be paid at Closing by O Buyer O Seller 531 IJ One-Half by Buyer and One-Half by Seller LI Other N/A, 532 153. Status Letter and Record Change Fees. Any fees incident to the issuance of Association's statement of 533 assessments(Status Letter)shall be paid by L7 Buyer ❑ Seller ❑One-Half by Buyer and One-Halt by Seller O None 534 Any record change fee assessed by the Association including.but not limited to.ownership record transfer fees,regendless of name 535 or title of such fee(Association's Record Change Fee)shall be paid by ❑ Buyer ❑Seller ❑ One-Halt by Buyer and One- 536 Half by Seller O None. 537 15.4. Local Transfer Tax. ❑ The Local 7Yansfer But of N/A %of the Purchase Price shall be paid at Closing by 538 ❑ Buyer ❑Seller O One-Half by Buyer and One-Haltby Seller O None. 539 153. Private 7lansfer Fee. Private transfer fees and other fees due ton transfer of the Property,payable at Closing,such 540 as community association fees,developer fees and foundation fees,shall be paid at Closing by O Buyer O Seller ❑One-Half 541 by Buyer and One-Halt by Seller ❑ None.'lire Private Transfer fee,whether one or more,is for the following association(s): 542 N/A in the total amount of N/A %of the Purchase Price or S N/A. 543 15.6. Water Manske Fees. The Water Transfer Fees can change.The fees.as of the date of this Contract,do not exceed: 544 $ ran as per Water District and or Ditch Cemnanv Bever and Seller shall split all transrez fees for Q Water Stock/Certificates CI Water District 545 $ N/A for ❑ Augmentation Membershi ❑ Small Domestic Water Company L i N/A and shall be 546 paid at Closing by ❑ Buyer ❑Seller IA One-Half by Buyer and One-Half by Seller ❑ None. 547 15.7. Sales and Lieu Tax. Any sales and use tax that may accrue because of this transaction shall be paid when due by 548 O Buyer ❑Seller ❑One-Hatt by Buyer and One-Half by Seller O None. 549 16. PROBATIONS. The following shall be prorated to Closing Date(g 3),except as otherwise provided: 550 16.1. 'loxes. Personal property taxes,if any,special taxing district assessments,if any,and general real estate taxes for the 551 year of Closing,based on ❑Taxes for the Calendar Year Immediately Preceding Closing Most Recent Mill Levy and 552 Most Recent Assessed Valuation.or O Other N/A. 553 16.2. Rents. Rents based on ❑ Rents Actually Received O Accrued.At Closing,Seller shall transferorcreltil to 554 Buyer the security deposits for all Leases assigned.or any remainder after lawful deductions,and notify all tenants in writing of 555 such transfer and of the transferee's name and address.Seller shall assipi to Buyer all Leases in effect at Closing and Buyer shall 556 assume Seller's obligations under such Leases. 557 16.3. Association Assessments. Current regular Association assessments and dues(Association Assessments)paid in 558 advance shall be credited to Seller at Closing.Cash reserves held out of the regular Association Assessments for deferred 559 maintenance by the Association shall out be credited to Seller except as may be otherwise provided by the Governing Documents. 560 Buyer acknowledges that Buyer may be obligated to pay the Association,at Closing,an amount for reserves or working capital. 561 Any special assessment assessed prior to Closing Date(¢3)by the Association shall be the obligation of O Buyer ❑ Seller. C3S4s-12.CONTRACT TO BIN ANDSBLL REAL ESTATEMANI) WR5l2O139:03 Pop 11of IS Buyer laidab — Seller to dais :24 0. Except however,any special assessment by the Association for improvements that have been installed as of the date of Buyer's 563 signature hereon,whether assessed prior to or after Closing,shall be the obligation of Seller. Seller represents that the Association 564 Assessments are currently payable at$N.A per N::a and that there me no unpaid regular or special 565 assessments against the Property except the current regular assessments and N'A,Such 566 assessments am subject to change as provided in the Governing Documents.Seller agrees in promptly request the Association to 567 deliver to Buyer before Closing Date(4 31a current Status Letter. 568 16.4. Other Promotions. Water and sewer charges,propane.interest on continuing loan.and N A 569 16.5. Final Settlement. Unless otherwise agreed in writing,these prorations shall be final 570 I7. POSSESSION. Possession of the Pmpeny shall be delivered to Buyer on Possession Date(§3)at Possession Time(1 3), .571 subject to the following Leases or tenancies: s) Fan Leave Li Any and all tii i apes ,:a= i., Any Otra 4111 AS shown cr r , ._ ! FEr ..i.. ..•v P.ro 1'.f ie Ccvlrurment 572 573 574 If Seller,atlr Closing,tails to deliver possession as specified,Seller shall be subject to eviction and shall be additionally 575 liable to Buyer for payment of S cc per day(or any pan of a day notwithstanding§I8.I1 from Possession Date 576 (4 31 and Possession lime(5 31 until possession is delivered. 577 GENERAL PROVISIONS 578 18. DAY;COMPUTATION OF PERIOD OF DAYS,DEADLINE. 579 18.1. Day. As used in this Contract.the term"day"shall mean the entire day ending al 11:59 p.m.,United Slates 580 Mountain Time(Standard or Daylight Savings as applicable). 581 182. Computation of Period of Days,Deadline In computing a period of days,when the ending date is not specified. 582 the lirst day is excluded and the last day is included,c.g..three days after MEC.If any deadline falls on a Saturday,Sunday or 583 federal or Colorndo state holiday(Holiday).such deadline [I Shall U Shall Not be extended to the next day that is not a 584 Sawrduy,Sunday ur Holiday. Should neither box be checked,the deadline shall not be extended. 585 19. CAUSES OF LOSS,INSURANCE;DAMAGE TO INCLUSIONS AND SERVICES;CONDEMNATION;AND 586 WALK-THROUGH.Except as otherwise provided in this Contract,the Property,Inclusions or both shall be delivered in the 587 condition existing as of the date of this Contract,ordinary wear and tear excepted. 588 19.1. Causes of Loss,Insurance. In the event the Property cc Inclusions are damaged by the,other perils or causes of 589 loss prior to Closing in an amount of not more than ten percent of the total Purchase Price(Property Damage),Seller is obligated 590 to repair the same before Closing Date(1 3).Buyer has the Right to Terminate under f 25.1,on or before Closing Date(§3),1f 591 the Property Damage is not repaired before Dosing Date(§3)or if the damage exceeds such sum.Should Buyer elect to catty out 592 this Contract despite such Property Damage,Buyer shall be entitled to a credit at Closing for all insurance proceeds that were 593 received by Seller(bud not the Association,if any)resulting from such damage to the novelty and Inclusions,plus the amount of 594 any deductible provided for in such insurance policy.Such credit shall not exceed the Purchase Price.In the event Seller has not 595 received such insurance proceeds prior to Closing,the parties may agree to extend the Closing Date(1 3)or,at the option of 596 Buyer,Seller shall assign such proceeds at Closing,plus credit Buyer the amount of any deductible provided for in such insurance 597 policy,but not to exceed the total Purchase Price. 598 19,2. Damage,Inclusions and Services. Should any Inclusion or service(including utilities and communication 599 services),system,component or fixture of the Property(collectively Service),e.g.,heating or plumbing.fail or be damaged 600 between the date of this Contract and Closing or possession,whichever shall be earlier,then Seller shall be liable for the repair or 601 replacement of such Inclusion or Service with a unit of similar size,age and quality,or an equivalent credit,but only to the extent 602 that the maintenance or replacement of such Inclusion or Service is not the responsibility of the Association,irony.less any 603 insurance proceeds received by Buyer coveting such repair or mglacement.If the failed or damaged Inclusion or Setvice is not 604 repaired or replaced on or before Closing or possession,whichever shall be earlier,Buyer has the Right to Terminate under 125.1, 605 00 or before Closing Date(§3),or,at the option of Buyer,Buyer shank entitled to a credit at Closing for the repair or 606 replacement of such Inclusion or Service.Such credit shall not exceed the Purchase Price.If Buyer receives such a credit,Seller's 607 right for any claim against the Association,if any,shall survive Closing.Seller and Buyer are aware of the existence of pre-owned 608 home warranty programs that may be purchased and may cover the repair or replacement of such Inclusions. 609 19.3. Condemnation. In the event Seller receives actual notice prior to Closing that a pending condemnation action may 610 result in a taking of all or part of the Property or Inclusions,Seller shall promptly notify Buyer,in writing,of such condemnation 611 action.Buyer has the Right to Terminate under 1 25.1,on or before Closing Date(1 3),based on such condemnation action,in 612 Buyer's sole subjective discretion.Should Buyer elect to consummate this Contract despite such diminution of value to the (9150.9-12.CONTRACT TO IllOy AND SELL REAL ESTATE(LAND) 4/252013%03 s r Pena 13.118 Bina tallish Ca [;�' -- Sdhr Width / I h 13 Property and Inclusions.Buyer shall be entitled to a credit at Closing for nil condemnation proceeds awarded to Seller for the 14 diminution in the value of the Property or Inclusions but such credit shall not include relocation benefits or expenses.or exceed the 615 Purchase Price. olio 19.4. Walk-Through and Verification of Condition. Buyer,upon reasonable notice,has the right to walk through the 617 Property prior to Closing ti verify that the physical condition of the Property and Inclusions complies with this Contract. 018 19.5 Risk of lass-Growing Crops. The risk of loss for damage to growing crops by fire or other casualty shall be 619 borne by the party entitled to the growing crops as provided in 6 2.5.5 and such party shall be entitled In such insurance proceeds 620 or benefits for the growing crops. 621 20. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this Contract,Buyer and Seller acknowledge 622 that the respective broker has advised that this Contract has important legal consequences and has recommended the examination 623 of title and consultation with legal and lax or other counsel before signing this Contract. 024 21. TIME OF ESSENCE,DEFAULT AND REMEDIES. Time is of the essence hereof.It any note or check received as 625 Earnest Money hereunder or any other payment due hereunder is not paid,honored or tendered when due,or if any obligation h26 hereunder is not performed or waived as herein provided.the nondefaulting party has the following remedies; 627 21.1. If Buyer Is in Default: h28 I J 21.1.1. Specific Performance. Seller may elect to treat this Contract as canceled,in which case all Earnest Money 629 (whether or not paid by Buycrl shall be paid to Seiler and retained by Seller;and Seller may recover such damages as may be 030 proper;or Seller may elect to treat this Contract as being in full force and effect and Seller has the right to specific performance ur 631 damages,or both. 632 21.13. Liquidated Damages,Applicable. 11rts I 21,12 shall apply onkss the box In 121,Li.Is checked.All 633 Eanicat Money(whether or not paid by Buyer)shall he paid to Seller,and retained by Seller.Both parties shall thereafter be 634 released from all ubligatiurrs hereunder. It is agreed that the Earnest Money specified in*4.1 is LIQUIDATED DAMAGES.and 635 not a penalty,which amount the parties agree is fair and reasonable and(except as provided in pp 10.4,22,23 and 24).said 636 payment of Earnest Money shall be SELLER'S ONLY REMEDY for Buyer's failure to perform the obligations of this Contract. 637 Seller expressly waives the remedies of specific perfomrance and additional damages. 638 21.2. If Seller Is in Default: Buyer may elect to treat this Contract as canceled,in which case all Earnest Money received 639 hereunder shall be returned and Buyer may recover such damages as may be proper,or Buyer may elect to treat this Contract as 640 being in full force and effect and Buyer has the right to specific performance or damages,or both. 641 22. LEGAL FEES,COST AND EXPENSES, Anything to the contrary herein notwithstanding,in the event of any arbivauon 642 or litigation relating to this Contract,prior to or after Closing Dale(p 31,the arbitrator or even shall award to the prevailing party 643 all reasonable costs and expenses,including attorney fees.legal fees and expenses. 041 23. MEDIATION. If n dispute arises relating to this Contract,prior to or after Closing,and is not resolved,the parties shall lint 645 proceed in good kith to submit the matter to mediation.Mediation is a process in which the parties meet with an impartial person 646 who helps to resolve the dispute informally and confidentially.Mediators cannot impose binding decisions,The parties to the 647 dispute must agree,in writing,before any settlement is binding.The parties will jointly appoint an acceptable mediator nod will 648 share equally in the cost of such mediation.The mediation,unless otherwise agreed,shall terminate in the event the entire dispute 649 is not resolved within thiny days of the date written notice requesting mediation is delivered by one party to the other at the party's 650 last known address.This section shall not alter any date in this Contract,unless otherwise agreed. 65) 24, EARNEST MONEY DISPUTE. £xcepl as otherwise provided herein,Earnest Money Holder shall release the Earnest 652 Money as directed by written mutual instructions,signed by both Buyer and Seller.In the event of any controversy regarding the 653 Earnest Money(notwithstanding any termination of this Contract),Earnest Money Holder shall not be required to lake any action, 654 Earnest Money Holder,at its sole subjective discretion,has several options:(1)await any proceeding,(2)inteaplead all parties and 655 deposit Earnest Money into a court of competent jurisdiction and shall recover court costs and reasonable attorney and legal fees, 656 or(3)provide notice to Buyer and Seller that unless Earnest Money Holder receives a copy or the Summons and Complaint or 657 Claim{between Buyer and Seller)containing the case numberof the lawsuit(Lawsuit)within one hundred twenty days of Earnest 658 Money Holder's notice to the panics,Earnest Money Holder shall be authorized to return the Earnest Money to Buyer.In the event 659 Earnest Money Holder does receive a copy of the lawsuit,and has not interpled the monies at the time dX any Order.Earnest 660 Money Holder shall disburse the Earnest Money pursuant to the Order of the Court.The parties reaffirm the obligation of 661 Mediation(p 23). 662 a TERMINATION. 663 25.1. Right to Terminate. If a party has a right to terminate,as provided in this Contract(Right to Terminate),the GM termination shall be effective upon the other party's receipt of a written notice to terminate(Notice to Temninate),provided such CBS4-912 CONTRACT70 WY AND SELL REAL ESTATE(LAM 4252013903J Pge 14 at IS Rarer Wade • f /C StiaWle / I (/l I 665 written notice was received on or before the applicable deadline specified in this Contract.If the Notice to Temtinate is na 666 received on or before the specified deadline,the party with the Right to Terminate shall have accepted the specified matter 1167 document or condition ns satisfactory and waived the Right to terminate tinder such provision. 668 25.2. Effect of lamination. In the event this Contract is terminated.all Earnest Money received hereunder shall be 669 returned and the parties shall be relieved of all obligations hereunder.subject to§§ 10.4,22.23 and 24. 670 26. ENTIRE AGREEMENT,MODIFICATION,SURVIVAL. This Contract,its exhibits and specified addenda.constitute 67 the entire agreement between the parties relating to the subject hereof,and any prior agreements pertaining thereto.whether oral or 672 written,have been merged and integrated into this Contract. No subsequent modification of any of the terms of this Contract shall 673 he valid,binding upon the patties.or enforceable unless made in writing and signed by the parties. Any right or obligation in this 674 Contract that,by Its terms,exists or is intended to be performed after termination or Closing shall survive the sane. 675 27. NOTICE,DELIVERY,AND CHOICE OF LAN. 676 27.1. Physical Delivery. All notices must be in writing,except us provided in§27.2.Any document,including a signed 677 document or notice.from or on behalf of Seller,and delivered to Buyer shall be effective when physically received by Buyer,any 678 signatory on behalf of Buyer,any named individual of Buyer,any representative of Buyer.or Brokerage Firm of Broker working 679 with Buyer(except for delivery,after Closing,of the notice requesting mediation described in§23)and except as provided in 680 §27.2.Any document.including a signed document or notice,from or on behalf of Buyer,and delivered to Seller shall be Mil effective when physically received by Seller,any signatory on behalf of Seller;any named individual of Seller,any representative 682 of Seller.or Brokerage Firm of Broker working with Seller(except for delivery,after Closing,of the notice requesting mediation 683 described in§23)and except as provided in§27.2. 684 272, Electronic Delivery. As an alternative to physical delivery,any document,including any signed document or 685 written notice,may be delivered in electronic form only by the following indicated methods: E )Facsimile Ll Entail 686 O Internet U No Electronic Delivery. If the box"No Electronic Delivery"is checked,this§27.2 shall not be applicable and 687 4 27.1 shall govern notice and delivery.Documents with original signatures shall be provided upon request of any party. 688 27.3. Choice of Law. This Contract and all disputes arising hereunder shall be governed by and construed in accordance 689 with the laws of the Slate of Colorado that would be applicable to Colorado residents who sign a contract in Colorado for property 69(1 located in Colorado. 697 28. NOTICE OF ACCEPTANCE,COUNTERPARTS. This proposal shall expire unless accepted in writing,by Buyer and 692 Seller.as evidenced by their signatures below,and the offering party receives notice of such acceptance pursuant to§27 an or 693 before Acceptance Deadline Data(§3)and Acceptance Deadline Time(§3).If accepted,this document shall become a contract 694 between Seller end Buyer.A copy of this Contract may be executed by each party,separately,and when each party has executed 695 a copy thereof,such copies taken together shell be deemed to he a full and complete contract between the parties. 696 29. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith including but not 697 limited to exercising the rights and obligations sex forth in the provisions of Financing Conditions and Obhigatiom(§5).Record 698 Title and OR-Record Title(4 8),Current Survey Review l§9)and Property Disclosure,Inspection,Indemnify,insurability, 699 Due Diligence and Source of Water ft, IC). 700 ADDITIONAL PROVISIONS AND ATTACHMENTS 701 30. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate 702 Commission.) 703 al Earnest Money Total Earnest Money shall be $10 000 00 end shall be deposited and held for escrow with Fidelity National Title Company with address of 2020 Terry St . Suite 100, Longmont CO 90501. office phone of (303) 485-0076 Earnest Money shall be deposited within five (51 business days of MEC Aftei the Inspection Objection Deadline hate Earnest Money shall be non refundable to Buyer unless Seller is in default. b) .Seller acknowledges that broker C.ANDPROFESSIONALS LW is working as a Seller s Agent and working with Buyer as a customer LANDPROFESSI0NALS LLC is the only broker involved with this transaction r) 1031 Exchange Buyer and Seller agree to cooperate with each other in order to effect a like kind exchange of properties in accordance with the provi 51005 C5544-12.CONTRACT TO BUY AND SELL REAL ESTATE(LAND1 42WWN113L0S knot IS Buyer -^>/ � SaarldWla � Saar lnfaals -r : I� r ,, i:.I.r - ... :- : ,: -y iJ:tl• ply- : , ,. I.y nri. . Fsolp...:�_ '::1... 1 '. _ V :\.' ,., r.e :I _ �'1. • 1 eG-ii".':: I [ t:-:C ':: IE 'I CI -e..• ' i ...:i! tioy, I Ilic,L•'t! : ., , . ') erenr brye: err CC WI- •t l :eli I e CI' ':r11er !:a VII y-o: . r.,.. ,.yet t': . .:egnna vt:h 'ho run chas,i :ogee rl : r o. I,.'; I. r-h.: r, -r 't : _ 1 • 'r r .:: !_a.idinr_. UI_r, Ghr rant ,...... I.-It I i t.e::,n1,- _ti T - :I i otfo_: it t1:l t,ns - ..-.,. sh.: l llul:'t .u.1 . - _. ; r�, : r'y t. o r1: -.rer:o.: .:eyu3 r.,u ._r:v .1!a, i rritn:rr;:- al I . I.2 . • n.I :r :ian:,'..C ! ,'::.): tr: teq;:1 red the,: DL'yet nha! : ,yra c',al -,,;d t,lb,. .'f att Ton tel'cre -rmrnencenen: o. rat'!, 1. it: el NArh n.. !: :not.1 Y:Jy' .14..IS the- It 1,3t //,1:3:14 L11e __alLJ F'r ..r.. INC di,I a• !::L 'nut zs I,' r r',: floc.: f f ::t i ;:.:ded th' .'uyer agrees r:: I.: 'el !:.xin.s rip. toot:de..' o,:: hs,:ge.' .,I:' i err property , ..t uo now e:condo.: tuts-ewer.!). .r doc sic , ..r sub ,.r_�n,r - ,r,: Lost r 1.:'t L:r : sisal I^,c -I,al a'.,r' ,n,: "'15 700 31. A'1"1'ACHMEN'la 707 31.1. The Following attachments are a part of this Contract 70S a) St't 9} 709 710 711 31.2. The followine disclosure forma are attached bet are col a part of this Contract: 112 ii) Closing lust:.uctaons C) Broker Disclosure CO buyer d1 Source of Water Addendum 713 714 115 SIGNATURES 716 Buyer's Name: Watez np).!y :.LC' Ana/or ass3 Cn(s) V d1 -/3 Buyer's Signature I' r-y I• nave ',tanager Date ..utlrp+: Yu in bela ieunty Road 1'' Fort suet or, CC 85)621 Phone Nu.: 103 * . 4 nNdn Fax No.: Electronic Address: r crnmF-(mat e:supp)y l l c com CBSFY-12.CONIRACrTO PUY AND SELL REAL ESTATE f1AND) 4125(21139:0? Amy—. 16 of IS Boys WALL,) di1L Saner Leilials /L%r/ �j(� 717 [NOTE:If this offer is being countered or rejected,do not sign this documenL Refer top 321 Seller's Name. _ Sellers atu • • - • , Dare Adore:, Phone No • - Fax No. Electronic Address: dreI • Seller's Signature „i ., r r:,:,_,.,_ , Date lddress: Phone No.. Fax Nu.: Electronic Address: - -, 1l, 719 32. COUNTER;REJECTION. This oiler is O Countered O Rejected. 7?0 Initials only of party(Buyer or Seller)who countered or rejected offer 721 END OF CONTRACT TO BUY AND SELL REAL ESTATE 33.BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. (To be completed by Broker working with Buyer) Broker O Does I] Does Not acknowledge receipt of E,niest Money deposit and,while not a party to the Contract,agrees to cooperate upon request with any mediation concluded under§23.Broker agrees that if Brokerage Firm is the Earnest Money Holder and,except as provided in p 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 shall release the Earnest Money as directed by the written mutual instructions.Such release of Earnest Money shall be made within five days of Earnest Money Holder's teaelpl of the executed written mutual instructions,provided the Earnest Money cheek has cleared. Broker is working with Buyer as a ❑ Buyer's Agent El Seller's Agent O 7Faasaction-Broker in this transauion. ❑ This is a Change of Status. Brokerage Firm's compensation or commission is to be paid by ❑Lis4Rg Brokerage Firm ❑ Buyer ❑Other a A. Brokerage Firm's Name: n .... Broker's Name: Broker's Signature: Date CBS/-f-1t CONTRACT TO BUY AND SELL REAL ESTATE(LA DI 412520130:03 /J /�F pip of 11 Boyer loldala 8/A- Seger hitlau/rte/y( F rk¢-f/JJ/. Adore. .. Phone No. c Fax No. Electronic Address: 34.BROKER'S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. rib be completed by Broker working with Seller) Broker ❑ Deere 0 Does Not acknowledge receipt of Earnest Money deposit and,while not a party to the Contract.agrees to cooperate upon request with any mediation concluded under k 23.Broker agrees that if Brokerage Finn is the Earnest Money Holder and,except as provided in f 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 shall release the Earnest Money as directed by the written mutual instructions-Such release d barest Money shah be made within live days of Earnest Money Holder's receipt of the executed written mutual instructions,provided the Earnest Money check has cleared. Broker is working with Seller as a 0 Seller's Agent ❑ Bayer's Agent D'Ikunsadion-Broker in this transaction. ❑ This is a Change of Status, Brokerage Finn's compensation or commission is to be paid by 0 Seller ❑Buyer ❑Other'Other fq a Brokerage Finn's Name. Brokers Name: '+' :' obis if/ 15 Broker's Si tort: are Address: rr:tic 9eecr: M,• Cr 80s.._ Phone No.: ?7u t8 E3ft" Fax No.: :30:N 772-12F6 Electronic Address: max k.<Landnros net 722 C661-9.12.CONTRACT TOO BUY AND SELL REAL ESTATE ILANDI NtSl20179fli ` tier IA Bu)aagsi .-.i�W/ ✓� Seller Wish Hello