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LOAN PREQUALIFICATION

Levi Sattler
MORTGAGE CONSULTANT—PARTNER
PHONE 970.407.8288 CELL 970.556.0757 FAX 970.407.8488
EXCEL FINANCIAL GROUP, LLC
123 N COLLEGE AVE., SUITE 230
FORT COLLINS CO 80524 LEVI_SATTLER@EXCELFG.COM WWW.EXCELFG.COM FINANCIAL GROUP LLC
innovative mortgage solutions
July 26th, 2009

To: Ryan Jenkins

Re: Prequalification of Holly and Nick Mannan

Based on the income and asset information provided by Holly and Nick Mannan, as well as a credit report obtained
through Excel Financial Group, LLC I have prequalified them for a mortgage to purchase a home for $160,000. Mr.
and Mrs Mannan are very strong borrowers that qualify under a number of loan programs.

Our current turn time for an automated approval with conditions is 48-72 hours from the receipt of a mutually ac-
cepted contract. Our current turn time for a full loan commitment is 4-6 days from the receipt of satisfactory title
work and acceptable appraisal.

Please let me know if you have any questions, concerns, or require additional information.

Thank You,

Levi Sattler

Excel Borrower Commitments Excel Realtor Commitments


To help you select the best loan program currently available that matches your To be aware of and track all important contract dates.
unique situation by providing professional , timely advice and expert loan analysis.
To provide you with regular updates and verifications that contract dates have been
To protect your personal information and right to privacy. We will never disclose met.
any financial or personal information to any person not directly related to the place-
ment of your loan without your written permission. To give your buyer’s mortgage absolute priority and care, insuring timely process-
ing and closing.
To never quote teaser rates or bait and switch loan programs. All rates and fees we
quote are current rates that we can lock in at the time they are quoted. To work with you buyer in a professional manner throughout the loan process, and
to reinforce your integrity and professionalism.
To obtain quotes on your unique loan scenario with the nations largest and most
competitive mortgage investors as well as aggressive niche and regional investors To obtaining a HUD two business days before closing and reviewing settlement
to insure you are getting the best rate and fee combination currently available. statements and loan details with your buyer before closing.

To provide you with a good faith estimate based off of the most current and accu- To verify wires are sent our with ample time to ensure your borrowers loan funds at
rate information we have to date. closing.

To notify you immediately if any problems or issues arise during the processing of
the transaction.

Processing Department Contact Information:


Excel Financial Group LLC uses a Processing Department to assist us in ensuring the timely flow of documentation and information between the loan offi-
cer, borrower, realtor, and lender. Once a contract is accepted, the Processing Department will ensure the coordination of all title work, appraisal docu-
mentation, loan conditions, closing scheduling, etc. Please fax or email all contracts, insurance information, loan conditions, etc. to my Processor below.
Attn: Bryan Emmett Ph. 970.407.8288, Fax 970.407.8488, Email bryan_emmett@excelfg.com
DocuSign Envelope ID: EB2BBF43-17AE-4AFA-963F-97AFBC680C74

Grey Rock Realty


1091 Shadow Ridge Rd
Laporte, CO 80535
Phone: (970) 689-0824 Fax: (970) 472-0447

The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate
Commission. (CBS1-5-09) (Mandatory 7-09)

1
2 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR
3 OTHER COUNSEL BEFORE SIGNING.
4
5 CONTRACT TO BUY AND SELL REAL ESTATE
6
Date: July 26, 2009
7
8 1. AGREEMENT. Buyer agrees to buy, and Seller agrees to sell, the Property defined below on the terms and
9 conditions set forth in this contract (Contract).
10 2. DEFINED TERMS.
11 2.1. Buyer. Buyer, Robert N Mannan and Holly H Mannan, will take
12 title to the real property described below as X Joint Tenants Tenants In Common
13 Other N/A.
14 2.2. Property. The Property is the following legally described real estate in the County of Larimer ,
15 Colorado:
16 Lot 3, Block 10 Fairview West 6th Filing, Ftc(roo83895)Vivian Lee Sweetman, Case No.
07-10810 SBB
17
1232 Constitution Ave Fort Collins CO 80521
known as No.
Street Address City State Zip
20
21 together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto, and all interest
22 of Seller in vacated streets and alleys adjacent thereto, except as herein excluded.
23 2.3. Dates and Deadlines.
24
Item No. Reference Event Date or Deadline
1 § 4.2.1 Alternative Earnest Money Deadline N/A
2 § 5.1 Loan Application Deadline N/A
3 § 5.2 Loan Conditions Deadline August 21, 2009
4 § 5.3 Buyer’s Credit Information Deadline N/A
5 § 5.3 Disapproval of Buyer’s Credit Information Deadline N/A
6 § 5.4 Existing Loan Documents Deadline N/A
7 § 5.4 Existing Loan Documents Objection Deadline N/A
8 § 5.4 Loan Transfer Approval Deadline N/A
9 § 6.2.2 Appraisal Deadline August 10, 2009
10 § 6.2.2 Appraisal Objection Deadline August 12, 2009
11 § 7.1 Title Deadline August 7, 2009
12 § 7.2 Document Request Deadline August 7, 2009
13 § 7.3 Survey Deadline N/A
14 § 7.4.4.1 CIC Documents Deadline N/A
15 § 7.4.5 CIC Documents Objection Deadline N/A
16 § 8.1 Title Objection Deadline N/A
17 § 8.2 Off-Record Matters Deadline August 10, 2009
18 § 8.2 Off-Record Matters Objection Deadline August 13, 2009
19 § 8.3.2 Survey Objection Deadline N/A
20 § 8.6 Right of First Refusal Deadline N/A
21 § 10.1 Seller’s Property Disclosure Deadline seller disclosure
provided

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22 § 10.2 Inspection Objection Deadline August 3, 2009


23 § 10.3 Inspection Resolution Deadline August 5, 2009
24 § 10.5 Property Insurance Objection Deadline August 14, 2009
25 § 12 Closing Date August 26, 2009
26 § 17 Possession Date delivery of deed
27 § 17 Possession Time delivery of deed
28 § 32 Acceptance Deadline Date July 31, 2009
29 § 32 Acceptance Deadline Time 5pm
N/A N/A N/A
N/A N/A N/A

25
26 2.4. Applicability of Terms. A check or similar mark in a box means that such provision is applicable. The
27 abbreviation “N/A” or the word “Deleted” means not applicable and when inserted on any line in Dates and Deadlines
28 (§ 2.3), means that the corresponding provision of the Contract to which reference is made is deleted. The abbreviation
29 “MEC” (mutual execution of this Contract) means the date upon which both parties have signed this Contract.
30 2.5. Day; Computation of Period of Days, Deadline.
31 2.5.1 Day. As used in this Contract, the term “day” shall mean the entire day ending at 11:59 p.m., United States
32 Mountain Time (Standard or Daylight Savings as applicable).
33 2.5.2 Computation of Period of Days, Deadline. In computing a period of days, when the ending date is not
34 specified, the first day is excluded and the last day is included, e.g. three days after MEC. If any deadline falls on
35 a Saturday, Sunday or federal or Colorado state holiday (Holiday), such deadline Shall X Shall Not be extended to the
36 next day that is not a Saturday, Sunday or Holiday. Should neither box be checked, the deadline shall not be extended.

37 3. INCLUSIONS AND EXCLUSIONS.


38 3.1. Inclusions. The Purchase Price includes the following items (Inclusions):
39 3.1.1. Fixtures. If attached to the Property on the date of this Contract, lighting, heating, plumbing, ventilating,
40 and air conditioning fixtures, TV antennas, inside telephone, network and coaxial (cable) wiring and connecting blocks/jacks,
41 plants, mirrors, floor coverings, intercom systems, built-in kitchen appliances, sprinkler systems and controls, built-in vacuum
42 systems (including accessories) ,garage door openers including N/A remote controls; and
43 Electric range/oven, Clothes Washer, Clothes Dryer
44 3.1.2. Personal Property. The following are included if on the Property whether attached or not on the date
45 of this Contract: storm windows, storm doors, window and porch shades, awnings, blinds, screens, window coverings, curtain
46 rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves, storage sheds, and all keys. If checked,
47 the following are included: Water Softeners X Smoke/Fire Detectors Security Systems Satellite
48 Systems (including satellite dishes).
49 3.1.3. Other Inclusions.
50 N/A
51 The Personal Property to be conveyed at Closing shall be conveyed by Seller free and clear of all taxes (except
52 personal property taxes for the year of Closing), liens and encumbrances, except N/A.
53 Conveyance shall be by bill of sale or other applicable legal instrument.
54 3.1.4. Trade Fixtures. With respect to trade fixtures, Seller and Buyer agree as follows:
55 N/A
56
57 The Trade Fixtures to be conveyed at Closing shall be conveyed by Seller free and clear of all taxes (except personal
58 property taxes for the year of Closing), liens and encumbrances, except N/A.
59 Conveyance shall be by bill of sale or other applicable legal instrument.
60 3.1.5. Parking and Storage Facilities. Use Only Ownership of the following parking facilities:
61 N/A; and Use Only Ownership of the following storage facilities:
62 N/A.
63 3.1.6. Water Rights, Water Interests, Water and Sewer Taps. The following legally described water rights:
64 N/A
65
66 Any water rights shall be conveyed by N/A Deed Other applicable legal instrument.
67 3.1.6.1. If any water well is to be transferred to Buyer, Seller agrees to supply required information
68 about such well to Buyer. Buyer understands that if the well to be transferred is a Small Capacity Well or a Domestic Exempt
69 Water Well used for ordinary household purposes, Buyer shall, prior to or at Closing, complete a Change in Ownership

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70 form for the well. If an existing well has not been registered with the Colorado Division of Water Resources in the
71 Department of Natural Resources (Division), Buyer shall complete a registration of existing well form for the well and pay
72 the cost of registration. If no person will be providing a closing service in connection with the transaction, Buyer shall
73 file the form with the Division within sixty days after Closing.
74 The Well Permit # is N/A .
75 3.1.6.2. Water Stock Certificates:
76 N/A
77
78 3.1.6.3. Water Tap Sewer Tap
79 N/A
80 Note: Buyer is advised to obtain, from the provider, written confirmation of the amount remaining to be paid, if any,
81 time and other restrictions for transfer and use of the tap.
82
83 3.1.7. Growing Crops. With respect to growing crops, Seller and Buyer agree as follows:
84 N/A
85
86 3.2. Exclusions. The following items are excluded: N/A.

87 4. PURCHASE PRICE AND TERMS.


88 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


1 § 4.1 Purchase Price $ 160,000
2 § 4.2 Earnest Money $ 2,000
3 § 4.5 New Loan 147,000
4 § 4.6 Assumption Balance N/A
5 § 4.7 Seller or Private Financing N/A
6 N/A N/A N/A N/A
7 N/A N/A N/A N/A
8 § 4.3 Cash at Closing 11,000
9 TOTAL $ 160,000 $ 160,000

89
90 4.2. Earnest Money. The Earnest Money set forth in this section, in the form of Check ,
91 is part payment of the Purchase Price and shall be payable to and held by Remax Advanced, Inc.
92 (Earnest Money Holder), in its trust account, on behalf of both Seller and Buyer. The Earnest Money deposit shall be
93 tendered with this Contract unless the parties mutually agree to an Alternative Earnest Money Deadline (§ 2.3) for
94 its payment. If Earnest Money Holder is other than the Brokerage Firm identified in § 34 or § 35 below, Closing Instructions
95 signed by Buyer, Seller and Earnest Money Holder must be obtained on or before delivery of Earnest Money to Earnest Money
96 Holder. The parties authorize delivery of the Earnest Money deposit to the company conducting the Closing (Closing Company),
97 if any, at or before Closing. In the event Earnest Money Holder has agreed to have interest on Earnest Money deposits transferred
98 to a fund established for the purpose of providing affordable housing to Colorado residents, Seller and Buyer acknowledge
99 and agree that any interest accruing on the Earnest Money deposited with the Earnest Money Holder in this transaction shall be
100 transferred to such fund.
101 4.2.1. Alternative Earnest Money Deadline. The deadline for delivering the Earnest Money, if other
102 than at the time of tender of the Contract is as set forth as the Alternative Earnest Money Deadline (§ 2.3).
103 4.3. Form of Funds; Time of Payment; Funds Available. All amounts payable by the parties at Closing, including any
104 loan proceeds, Cash at Closing and closing costs, shall be in funds that comply with all applicable Colorado laws, including
105 electronic transfer funds, certified check, savings and loan teller’s check and cashier’s check (Good Funds). All funds required to
106 be paid at Closing shall be timely paid to allow disbursement by Closing Company at Closing OR SUCH PARTY
107 SHALL BE IN DEFAULT. Buyer represents that Buyer, as of the date of this Contract, X Does Does Not have funds
108 that are immediately verifiable and available in an amount not less than the amount stated as Cash at Closing in § 4.1.
109 4.4. Seller Concession. Seller, at Closing, shall pay or credit, as directed by Buyer, a total amount of
110 $ none to assist with Buyer’s closing costs, loan discount points, loan origination fees, prepaid items (including
111 any amounts that Seller agrees to pay because Buyer is not allowed to pay due to FHA, CHFA, VA, etc.) and any other fee,
112 cost, charge, expense or expenditure related to Buyer’s New Loan or other allowable Seller concession (collectively, Seller
113 Concession). The Seller Concession is in addition to any sum Seller has agreed to pay or credit Buyer elsewhere in this

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114 Contract. If the amount of Seller Concession exceeds the aggregate of what is allowed, Seller shall not pay or be charged
115 such excess amount.
116 4.5. New Loan.
117 4.5.1. Buyer to Pay Loan Costs. Buyer, except as provided in § 4.4, if applicable, shall timely pay Buyer’s
118 loan costs, loan discount points, prepaid items and loan origination fees, as required by lender.
119 4.5.2. Buyer May Select Financing. Buyer may select financing appropriate and acceptable to Buyer, including
120 a different loan than initially sought, except as restricted in § 4.5.3 or § 26, Additional Provisions.
121 4.5.3. Loan Limitations. Buyer may purchase the Property using any of the following types of loan:
122 X Conventional FHA VA Bond Other N/A .
123 4.5.4. Good Faith Estimate – Monthly Payment and Loan Costs. Buyer is advised to review the terms,
124 conditions and costs of Buyer’s New Loan carefully. If Buyer is applying for a residential loan, the lender generally must
125 provide Buyer with a good faith estimate of Buyer’s closing costs within three days after Buyer completes a loan application.
126 Buyer should also obtain an estimate of the amount of Buyer’s monthly mortgage payment. If the New Loan is unsatisfactory
127 to Buyer, then Buyer may terminate this Contract pursuant to § 5.2 no later than Loan Conditions Deadline (§ 2.3).
128 4.6. Assumption. OMITTED AS INAPPLICABLE.

137 4.7. Seller or Private Financing. OMITTED AS INAPPLICABLE.

150 5. FINANCING CONDITIONS AND OBLIGATIONS.


151 5.1. Loan Application. If Buyer is to pay all or part of the Purchase Price by obtaining one or more new loans
152 (New Loan), or if an existing loan is not to be released at Closing, Buyer, if required by such lender, shall make a verifiable
153 application by Loan Application Deadline (§ 2.3).
154 5.2. Loan Conditions. If Buyer is to pay all or part of the Purchase Price with a New Loan, this Contract is
155 conditional upon Buyer determining, in Buyer’s subjective discretion, whether the New Loan is satisfactory to Buyer, including its
156 availability, payments, interest rate, terms, conditions and cost of such New Loan. This condition is for the benefit of Buyer. If
157 such New Loan is not satisfactory to Buyer, Seller must receive written notice to terminate from Buyer, no later than Loan
158 Conditions Deadline (§ 2.3), at which time this Contract shall terminate. IF SELLER DOES NOT TIMELY RECEIVE
159 WRITTEN NOTICE TO TERMINATE, THIS CONDITION SHALL BE DEEMED WAIVED, AND BUYER’S EARNEST
160 MONEY SHALL BE NONREFUNDABLE, EXCEPT AS OTHERWISE PROVIDED IN THIS CONTRACT
161 (e.g., Appraisal, Title, Survey).
162 5.3. Credit Information and Buyer’s New Senior Loan. If Buyer is to pay all or part of the Purchase Price by
163 executing a promissory note in favor of Seller, or if an existing loan is not to be released at Closing, this Contract is conditional
164 (for the benefit of Seller) upon Seller’s approval of Buyer’s financial ability and creditworthiness, which approval shall be at
165 Seller’s subjective discretion. In such case: (1) Buyer shall supply to Seller by Buyer’s Credit Information Deadline
166 (§ 2.3), at Buyer’s expense, information and documents (including a current credit report) concerning Buyer’s financial,
167 employment and credit condition and Buyer’s New Senior Loan, defined below, if any; (2) Buyer consents that Seller may
168 verify Buyer’s financial ability and creditworthiness; (3) any such information and documents received by Seller shall be held
169 by Seller in confidence, and not released to others except to protect Seller’s interest in this transaction; (4) in the event Buyer
170 is to execute a promissory note secured by a deed of trust in favor of Seller, this Contract is conditional (for the benefit
171 of Seller) upon Seller’s approval of the terms and conditions of any New Loan to be obtained by Buyer if the deed of trust to
172 Seller is to be subordinate to Buyer’s New Loan (Buyer’s New Senior Loan). Additionally, Seller shall have the right to
173 terminate, at or before Closing, if the Cash at Closing is less than as set forth in § 4.1 of this Contract or Buyer’s New
174 Senior Loan changes from that approved by Seller; and (5) if Seller does not deliver written notice to Buyer of Seller’s disapproval
175 of Buyer’s financial ability and creditworthiness or of Buyer’s New Senior Loan by Disapproval of Buyer’s Credit
176 Information Deadline (§ 2.3), then Seller waives the conditions set forth in this section as to Buyer’s New Senior Loan
177 as supplied to Seller. If Seller delivers written notice of disapproval to Buyer on or before said date, this Contract
178 shall terminate.
179 5.4. Existing Loan Review. If an existing loan is not to be released at Closing, Seller shall deliver copies of the loan
180 documents (including note, deed of trust, and any modifications) to Buyer by Existing Loan Documents Deadline (§ 2.3). For
181 the benefit of Buyer, this Contract is conditional upon Buyer’s review and approval of the provisions of such loan documents.
182 If written notice of objection to such loan documents, signed by Buyer, is not received by Seller by Existing Loan Documents
183 Objection Deadline (§ 2.3), Buyer accepts the terms and conditions of the documents. If the lender’s approval of a transfer of
184 the Property is required, this Contract is conditional upon Buyer’s obtaining such approval without change in the terms of such
185 loan, except as set forth in § 4.6. If lender’s approval is not obtained by Loan Transfer Approval Deadline (§ 2.3), this
186 Contract shall terminate on such deadline. If Seller is to be released from liability under such existing loan and Buyer does
187 not obtain such compliance as set forth in § 4.6, this Contract may be terminated at Seller’s option.

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188 6. APPRAISAL PROVISIONS.


189 6.1. Property Approval. If the lender imposes any requirements or repairs (Requirements) to be made to the Property
190 (e.g., roof repair, repainting), beyond those matters already agreed to by Seller in this Contract, Seller may terminate this
191 Contract (notwithstanding § 10 of this Contract) by written notice to Buyer on or before three days following Seller’s
192 receipt of the Requirements. Seller’s right to terminate in this § 6.1 shall not apply if on or before any termination by
193 Seller pursuant to this § 6.1: (1) the parties enter into a written agreement regarding the Requirements; or (2) the Requirements
194 are completed by Seller; or (3) the satisfaction of the Requirements is waived in writing by Buyer.
195 6.2. Appraisal Condition.
196 6.2.1. Not Applicable. This § 6.2 shall not apply.
197 X 6.2.2. Conventional/Other. Buyer shall have the sole option and election to terminate this Contract if the
198 Purchase Price exceeds the Property’s valuation determined by an appraiser engaged by buyer .
199 The appraisal shall be received by Buyer or Buyer’s lender on or before Appraisal Deadline (§ 2.3). This Contract shall
200 terminate by Buyer delivering to Seller written notice of termination and either a copy of such appraisal or written notice
201 from lender that confirms the Property’s valuation is less than the Purchase Price, received by Seller on or before Appraisal
202 Objection Deadline (§ 2.3). If Seller does not receive such written notice of termination on or before Appraisal Objection
203 Deadline (§ 2.3), Buyer waives any right to terminate under this section.
204 6.2.3. FHA. It is expressly agreed that, notwithstanding any other provisions of this Contract, the Purchaser
205 (Buyer) shall not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfeiture
206 of Earnest Money deposits or otherwise unless the Purchaser (Buyer) has been given in accordance with HUD/FHA or VA
207 requirements a written statement issued by the Federal Housing Commissioner, Department of Veterans Affairs, or a Direct
208 Endorsement lender, setting forth the appraised value of the Property of not less than $ N/A . The Purchaser
209 (Buyer) shall have the privilege and option of proceeding with the consummation of the Contract without regard to the amount
210 of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department of
211 Housing and Urban Development will insure. HUD does not warrant the value nor the condition of the Property. The
212 Purchaser (Buyer) should satisfy himself/herself that the price and condition of the Property are acceptable.
213 6.2.4. VA. It is expressly agreed that, notwithstanding any other provisions of this Contract, the purchaser
214 (Buyer) shall not incur any penalty by forfeiture of Earnest Money or otherwise or be obligated to complete the purchase of the
215 Property described herein, if the Contract Purchase Price or cost exceeds the reasonable value of the Property established by
216 the Department of Veterans Affairs. The purchaser (Buyer) shall, however, have the privilege and option of proceeding with
217 the consummation of this Contract without regard to the amount of the reasonable value established by the Department of
218 Veterans Affairs.
219 6.3. Cost of Appraisal. Cost of any appraisal to be obtained after the date of this Contract shall be timely paid by
220 X Buyer Seller.

221 7. EVIDENCE OF TITLE, SURVEY AND CIC DOCUMENTS.


222 7.1. Evidence of Title. On or before Title Deadline (§ 2.3), Seller shall cause to be furnished to Buyer, at Seller’s
223 expense, a current commitment for owner’s title insurance policy (Title Commitment) in an amount equal to the Purchase
224 Price, or if this box is checked, An Abstract of title certified to a current date. If title insurance is furnished, Seller
225 shall also deliver to Buyer copies of any abstracts of title covering all or any portion of the Property (Abstract) in Seller’s
226 possession. At Seller’s expense, Seller shall cause the title insurance policy to be issued and delivered to Buyer as
227 soon as practicable at or after Closing. The title insurance commitment X Shall Shall Not commit to delete or
228 insure over the standard exceptions which relate to: (1) parties in possession, (2) unrecorded easements, (3) survey matters,
229 (4) any unrecorded mechanics’ liens, (5) gap period (effective date of commitment to date deed is recorded), and (6) unpaid
230 taxes, assessments and unredeemed tax sales prior to the year of Closing. Any additional premium expense to obtain this additional
231 coverage shall be paid by Buyer X Seller.
232 Note: The title insurance company may not agree to delete or insure over any or all of the standard exceptions. Buyer shall
233 have the right to review the Title Commitment. If the Title Commitment or its provisions are not satisfactory to Buyer, Buyer
234 may exercise Buyer’s rights pursuant to § 8.1.
235 7.2. Copies of Exceptions. On or before Title Deadline (§ 2.3), Seller, at Seller’s expense, shall furnish to Buyer
236 and N/A , (1) copies of any plats, declarations, covenants, conditions and restrictions burdening the
237 Property, and (2) if a Title Commitment is required to be furnished, and if this box is checked X Copies of any
238 Other Documents (or, if illegible, summaries of such documents) listed in the schedule of exceptions (Exceptions).
239 Even if the box is not checked, Seller shall have the obligation to furnish these documents pursuant to this section if
240 requested by Buyer any time on or before Document Request Deadline (§ 2.3). This requirement shall pertain only to
241 documents as shown of record in the office of the clerk and recorder in the county where the Property is located. The
242 abstract or Title Commitment, together with any copies or summaries of such documents furnished pursuant to this section,
243 constitute the title documents (Title Documents).

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244 7.3. Survey. On or before Survey Deadline (§ 2.3), Seller X Buyer shall order or provide, and cause Buyer (and
245 the issuer of the Title Commitment or the provider of the opinion of title if an abstract) to receive, a current Improvement
246 Survey Plat X Improvement Location Certificate ILC if required by Title Company (the description
checked is known as
247 Survey). An amount not to exceed $ N/A for Survey shall be paid by Buyer Seller. If the cost exceeds
248 this amount, Buyer Seller shall pay the excess on or before Closing. Buyer shall not be obligated to pay the excess
249 unless Buyer is informed of the cost and delivers to Seller, before Survey is ordered, Buyer’s written agreement to pay
250 the required amount to be paid by Buyer.
251 7.4. Common Interest Community Documents. The term CIC Documents consists of all owners’ associations
252 (Association) declarations, bylaws, operating agreements, rules and regulations, party wall agreements, minutes of most recent
253 annual owners’ meeting and minutes of any directors’ or managers’ meetings during the six-month period immediately preceding
254 the date of this Contract, if any (Governing Documents), most recent financial documents consisting of (1) annual balance
255 sheet, (2) annual income and expenditures statement, and (3) annual budget (Financial Documents), if any (collectively
256 CIC Documents).
257 X 7.4.1. Not Applicable. This § 7.4 shall not apply.
258 7.4.2. Common Interest Community Disclosure. THE PROPERTY IS LOCATED WITHIN A COMMON
259 INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR SUCH COMMUNITY. THE OWNER OF
260 THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNER’S ASSOCIATION FOR THE COMMUNITY
261 AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. THE
262 DECLARATION, BYLAWS, AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL OBLIGATIONS UPON
263 THE OWNER OF THE PROPERTY, INCLUDING AN OBLIGATION TO PAY ASSESSMENTS OF THE ASSOCIATION.
264 IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, THE ASSOCIATION COULD PLACE A LIEN ON THE
265 PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT. THE DECLARATION, BYLAWS, AND RULES AND
266 REGULATIONS OF THE COMMUNITY MAY PROHIBIT THE OWNER FROM MAKING CHANGES TO THE
267 PROPERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE ASSOCIATION (OR A COMMITTEE OF
268 THE ASSOCIATION) AND THE APPROVAL OF THE ASSOCIATION. PURCHASERS OF PROPERTY WITHIN
269 THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE THE FINANCIAL OBLIGATIONS OF
270 MEMBERS OF THE ASSOCIATION. PURCHASERS SHOULD CAREFULLY READ THE DECLARATION FOR THE
271 COMMUNITY AND THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION.
272 7.4.3. Not Conditional on Review. Buyer acknowledges that Buyer has received a copy of the CIC Documents.
273 Buyer has reviewed them, agrees to accept the benefits, obligations and restrictions that they impose upon the Property
274 and its owners and waives any right to terminate this Contract due to such documents, notwithstanding the provisions of § 8.5.
275 7.4.4. CIC Documents to Buyer.
276 7.4.4.1. Seller to Provide CIC Documents. Seller shall cause the CIC Documents to be provided to Buyer,
277 at Seller’s expense, on or before CIC Documents Deadline (§ 2.3).
278 7.4.4.2. Seller Authorizes Association. Seller authorizes the Association to provide the CIC Documents to
279 Buyer, at Seller’s expense.
280 7.4.4.3. Seller’s Obligation. Seller’s obligation to provide the CIC Documents shall be fulfilled upon Buyer’s
281 receipt of the CIC Documents, regardless of who provides such documents.
282 7.4.5. Conditional on Buyer’s Review. If the box in either § 7.4.4.1 or § 7.4.4.2 is checked, the provisions of this
283 § 7.4.5 shall apply. Written notice of any unsatisfactory provision in any of the CIC Documents, in Buyer’s subjective
284 discretion, signed by Buyer, or on behalf of Buyer, and delivered to Seller on or before CIC Documents Objection Deadline
285 (§ 2.3), shall terminate this Contract.
286 Should Buyer receive the CIC Documents after CIC Documents Deadline (§ 2.3), Buyer shall have the right, at
287 Buyer’s option, to terminate this Contract by written notice delivered to Seller on or before ten days after Buyer’s
288 receipt of the CIC Documents. If Buyer does not receive the CIC Documents, or if such written notice to terminate would
289 otherwise be required to be delivered after Closing Date (§ 2.3), Buyer’s written notice to terminate shall be received by
290 Seller on or before three days prior to Closing Date (§ 2.3). If Seller does not receive written notice from Buyer within
291 such time, Buyer accepts the provisions of the CIC Documents, and Buyer’s right to terminate this Contract pursuant
292 to this section is waived, notwithstanding the provisions of § 8.5.
293 NOTE: If no box in this § 7.4 is checked, the provisions of § 7.4.4.1 shall apply.

294 8. TITLE AND SURVEY REVIEW.


295 8.1. Title Review. Buyer shall have the right to inspect the Title Documents. Buyer shall provide written notice of
296 unmerchantability of title, unsatisfactory form or content of Title Commitment, or, notwithstanding § 13, of any other unsatisfactory
297 title condition shown by the Title Documents (Notice of Title Objection). Such notice shall be signed by or on behalf of Buyer and
298 delivered to Seller on or before Title Objection Deadline (§ 2.3), provided such Title Documents are received by Buyer in

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299 a timely manner. If there is an endorsement to the Title Commitment that adds a new Exception to title, a copy of the new
300 Exception to title and the modified Title Commitment shall be delivered to Buyer. Provided however, Buyer shall have five
301 days to deliver the Notice of Title Objection after receipt by Buyer of the following documents: (1) any required Title Document
302 not timely received by Buyer, (2) any change to the Title Documents, or (3) endorsement to the Title Commitment. If Seller does
303 not receive Buyer’s Notice of Title Objection by the applicable deadline specified above, Buyer accepts the condition of title as
304 disclosed by the Title Documents as satisfactory.
305 8.2. Matters Not Shown by the Public Records. Seller shall deliver to Buyer, on or before Off-Record Matters
306 Deadline (§ 2.3) true copies of all leases and surveys in Seller’s possession pertaining to the Property and shall disclose to Buyer
307 all easements, liens (including, without limitation, governmental improvements approved, but not yet installed) or other title
308 matters (including, without limitation, rights of first refusal and options) not shown by the public records of which Seller
309 has actual knowledge. Buyer shall have the right to inspect the Property to investigate if any third party has any right in
310 the Property not shown by the public records (such as an unrecorded easement, unrecorded lease, boundary line discrepancy
311 or water rights). Written notice of any unsatisfactory condition disclosed by Seller or revealed by such inspection,
312 notwithstanding § 13, shall be signed by or on behalf of Buyer and delivered to Seller on or before Off-Record Matters
313 Objection Deadline (§ 2.3). If Seller does not receive Buyer’s notice by said deadline, Buyer accepts title subject to
314 such rights, if any, of third parties of which Buyer has actual knowledge.
315 8.3. Survey Review.
316 X 8.3.1. Not Applicable. This § 8.3 shall not apply.
317 8.3.2. Conditional on Survey. If the box in this § 8.3.2 is checked, Buyer shall have the right to inspect the
318 Survey. If written notice by or on behalf of Buyer of any unsatisfactory condition shown by Survey, notwithstanding § 8.2
319 or § 13, is received by Seller on or before Survey Objection Deadline (§ 2.3) then such objection shall be deemed an
320 unsatisfactory title condition. If Seller does not receive Buyer’s notice by Survey Objection Deadline (§ 2.3), Buyer accepts
321 the Survey as satisfactory.
322 8.4. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION
323 INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE
324 PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR
325 INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES
326 ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS
327 WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYERS SHOULD INVESTIGATE THE SPECIAL TAXING
328 DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE COUNTY TREASURER, BY
329 REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY, AND BY OBTAINING FURTHER
330 INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER,
331 OR THE COUNTY ASSESSOR.
332 In the event the Property is located within a special taxing district and Buyer desires to terminate this Contract as a
333 result, if written notice, by or on behalf of Buyer, is received by Seller on or before Off-Record Matters Objection Deadline
334 (§ 2.3), this Contract shall terminate. If Seller does not receive Buyer’s notice by such deadline, Buyer accepts the effect of
335 the Property’s inclusion in such special taxing district and waives the right to terminate for that reason.
336 8.5. Right to Object, Cure. Buyer’s right to object shall include, but not be limited to, those matters set forth in §§ 8
337 and 13. If Seller receives notice of unmerchantability of title or any other unsatisfactory title condition or commitment terms
338 as provided in §§ 8.1, 8.2, and 8.3, Seller shall use reasonable efforts to correct said items and bear any nominal expense
339 to correct the same prior to Closing. If such unsatisfactory title condition is not corrected to Buyer’s satisfaction on or before
340 Closing, this Contract shall terminate; provided, however, Buyer may, by written notice received by Seller on or before
341 Closing, waive objection to such items.
342 8.6. Right of First Refusal or Contract Approval. If there is a right of first refusal on the Property, or a right to
343 approve this Contract, Seller shall promptly submit this Contract according to the terms and conditions of such right.
344 If the holder of the right of first refusal exercises such right or the holder of a right to approve disapproves this Contract,
345 this Contract shall terminate. If the right of first refusal is waived explicitly or expires, or the Contract is approved, this
346 Contract shall remain in full force and effect. Seller shall promptly notify Buyer of the foregoing. If expiration or waiver of
347 the right of first refusal or Contract approval has not occurred on or before the Right of First Refusal Deadline (§ 2.3),
348 this Contract shall terminate.
349 8.7. Title Advisory. The Title Documents affect the title, ownership and use of the Property and should be reviewed
350 carefully. Additionally, other matters not reflected in the Title Documents may affect the title, ownership and use of the
351 Property, including without limitation, boundary lines and encroachments, area, zoning, unrecorded easements and claims of
352 easements, leases and other unrecorded agreements, and various laws and governmental regulations concerning land use,
353 development and environmental matters. The surface estate may be owned separately from the underlying mineral
354 estate, and transfer of the surface estate does not necessarily include transfer of the mineral rights or water rights.
355 Third parties may hold interests in oil, gas, other minerals, geothermal energy or water on or under the Property,

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356 which interests may give them rights to enter and use the Property. Such matters may be excluded from or not covered
357 by the title insurance policy. Buyer is advised to timely consult legal counsel with respect to all such matters as there are
358 strict time limits provided in this Contract [e.g., Title Objection Deadline (§ 2.3) and Off-Record Matters Objection
359 Deadline (§ 2.3)].

360 9. LEAD-BASED PAINT. Unless exempt, if the improvements on the Property include one or more residential dwellings
361 for which a building permit was issued prior to January 1, 1978, this Contract shall be void unless (1) a completed Lead-Based
362 Paint Disclosure (Sales) form is signed by Seller, the required real estate licensees and Buyer, and (2) Seller receives the
363 completed and fully executed form prior to the time when the Contract is signed by all parties. Buyer acknowledges timely
364 receipt of a completed Lead-Based Paint Disclosure (Sales) form signed by Seller and the real estate licensees.

365 10. PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY, BUYER DISCLOSURE AND
366 SOURCE OF WATER.
367 10.1. Seller’s Property Disclosure Deadline. On or before Seller’s Property Disclosure Deadline (§ 2.3), Seller agrees
368 to deliver to Buyer the most current version of the applicable Colorado Real Estate Commission’s Seller’s Property Disclosure
369 form completed by Seller to the best of Seller’s actual knowledge, current as of the date of this Contract.
370 10.2. Inspection Objection Deadline. Buyer shall have the right to have inspections of the physical condition of both the
371 Property and Inclusions, at Buyer’s expense. If (1) the physical condition of the Property, (2) the physical condition of the
372 Inclusions, (3) any proposed or existing transportation project, road, street or highway, or (4) any other activity, odor or noise
373 (whether on or off the Property) and its effect or expected effect on the Property or its occupants is unsatisfactory in Buyer’s
374 subjective discretion, Buyer shall, on or before Inspection Objection Deadline (§ 2.3):
375 10.2.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated, or
376 10.2.2 Notice to Correct. Deliver to Seller a written description of any unsatisfactory physical condition
377 which Buyer requires Seller to correct.
378 If written notice is not received by Seller on or before Inspection Objection Deadline (§ 2.3), the physical condition of
379 the Property and Inclusions shall be deemed to be satisfactory to Buyer.
380 10.3. Inspection Resolution Deadline. If a Notice to Correct is received by Seller and if Buyer and Seller have
381 not agreed in writing to a settlement thereof on or before Inspection Resolution Deadline (§ 2.3), this Contract shall terminate
382 one day following Inspection Resolution Deadline (§ 2.3), unless before such termination Seller receives Buyer’s
383 written withdrawal of the Notice to Correct.
384 10.4. Damage, Liens and Indemnity. Buyer, except as otherwise provided in this Contract, is responsible for
385 payment for all inspections, tests, surveys, engineering reports, or any other work performed at Buyer’s request (Work) and
386 shall pay for any damage that occurs to the Property and Inclusions as a result of such Work. Buyer shall not permit claims
387 or liens of any kind against the Property for Work performed on the Property at Buyer’s request. Buyer agrees to indemnify,
388 protect and hold Seller harmless from and against any liability, damage, cost or expense incurred by Seller and caused by any
389 such Work, claim, or lien. This indemnity includes Seller’s right to recover all costs and expenses incurred by Seller to defend
390 against any such liability, damage, cost or expense, or to enforce this section, including Seller’s reasonable attorney and
391 legal fees. The provisions of this section shall survive the termination of this Contract.
392 10.5. Insurability. This Contract is conditional upon Buyer’s satisfaction, in Buyer’s subjective discretion, with the
393 availability, terms and conditions of and premium for property insurance. This Contract shall terminate upon Seller’s receipt,
394 on or before Property Insurance Objection Deadline (§ 2.3), of Buyer’s written notice that such insurance was not satisfactory
395 to Buyer. If said notice is not timely received, Buyer shall have waived any right to terminate under this provision.
396 10.6. Buyer Disclosure. Buyer represents that Buyer Does X Does Not need to sell and close a property to complete
397 this transaction.
398 Note: Any property sale contingency should appear in Additional Provisions (§ 26).
399 10.7. Source of Potable Water (Residential Land and Residential Improvements Only). Buyer X Does Does
400 Not acknowledge receipt of a copy of Seller’s Property Disclosure or Source of Water Addendum disclosing the source
401 of potable water for the Property. Buyer Does Does Not acknowledge receipt of a copy of the current well permit.
402 X There is No Well.
403 Note to Buyer: SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUND
404 WATER. YOU MAY WISH TO CONTACT YOUR PROVIDER (OR INVESTIGATE THE DESCRIBED SOURCE) TO
405 DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER’S WATER SUPPLIES.
406 10.8. Carbon Monoxide Alarms. Note: If the improvements on the Property has a fuel-fired heater or appliance, a
407 fireplace, or an attached garage and include one or more rooms lawfully used for sleeping purposes (Bedroom), the parties
408 acknowledge that Colorado law requires that Seller assure the Property has an operational carbon monoxide alarm installed within
409 fifteen feet of the entrance to each Bedroom or in a location as required by the applicable building code.

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410 11. METHAMPHETAMINE DISCLOSURE (Residential Property Only). If the Property is residential, and Seller
411 knows that methamphetamine was ever manufactured, processed, cooked, disposed of, used or stored at the Property,
412 Seller is required to disclose such fact. No disclosure is required if the Property was remediated in accordance with state
413 standards and other requirements are fulfilled pursuant to § 25-18.5-102, C.R.S. Buyer further acknowledges that Buyer has the
414 right to engage a certified hygienist or industrial hygienist to test whether the Property has ever been used as a methamphetamine
415 laboratory. If Buyer’s test results indicate that the Property has been contaminated with methamphetamine, but has not been
416 remediated to meet the standards established by rules of the State Board of Health promulgated pursuant to § 25-18.5-102, C.R.S.,
417 Buyer shall promptly give written notice to Seller of the results of the test, and Buyer may terminate this Contract,
418 notwithstanding any other provision of this Contract.

419 12. CLOSING. Delivery of deed from Seller to Buyer shall be at closing (Closing). Closing shall be on the date specified
420 as the Closing Date (§ 2.3) or by mutual agreement at an earlier date. The hour and place of Closing shall be as designated by
421 mutual agreement .

422 13. TRANSFER OF TITLE. Subject to tender or payment at Closing as required herein and compliance by Buyer
423 with the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient General Warranty
424 deed to Buyer, at Closing, conveying the Property free and clear of all taxes except the general taxes for the year of
425 Closing. Except as provided herein, title shall be conveyed free and clear of all liens, including any governmental liens
426 for special improvements installed as of the date of Buyer’s signature hereon, whether assessed or not. Title shall be
427 conveyed subject to:
428 13.1. those specific Exceptions described by reference to recorded documents as reflected in the Title Documents
429 accepted by Buyer in accordance with Title Review (§ 8.1),
430 13.2. distribution utility easements (including cable TV),
431 13.3. those specifically described rights of third parties not shown by the public records of which Buyer has actual
432 knowledge and which were accepted by Buyer in accordance with Matters Not Shown by the Public Records (§ 8.2) and
433 Survey Review (§ 8.3),
434 13.4. inclusion of the Property within any special taxing district, and
435 13.5. other N/A .

436 14. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before Closing from
437 the proceeds of this transaction or from any other source.

438 15. CLOSING COSTS, DOCUMENTS AND SERVICES.


439 15.1. Good Funds. Buyer and Seller shall pay, in Good Funds, their respective closing costs and all other items required
440 to be paid at Closing, except as otherwise provided herein.
441 15.2. Closing Information and Documents. Buyer and Seller will furnish any additional information and documents
442 required by Closing Company that will be necessary to complete this transaction. Buyer and Seller shall sign and
443 complete all customary or reasonably required documents at or before Closing.
444 15.3. Closing Services Fee. The fee for real estate closing services shall be paid at Closing by Buyer Seller
445 X One-Half by Buyer and One-Half by Seller Other N/A .
446 15.4. Closing Instructions. Buyer and Seller agree to execute the Colorado Real Estate Commission’s Closing
447 Instructions. Such Closing Instructions X Are Are Not executed with this Contract. Upon execution, Seller X Buyer
448 shall deliver such Closing Instructions to the Closing Company.
449 15.5. Status Letter and Transfer Fees. Any fees incident to the issuance of Association’s statement of assessments
450 (Status Letter) shall be paid by Buyer Seller One-Half by Buyer and One-Half by Seller. Any transfer fees
451 assessed by the Association (Association’s Transfer Fee) shall be paid by Buyer Seller One-Half by Buyer
452 and One-Half by Seller.
453 15.6. Local Transfer Tax. The Local Transfer Tax of N/A % of the Purchase Price shall be paid at Closing by
454 Buyer Seller One-Half by Buyer and One-Half by Seller.
455 15.7. Sales and Use Tax. Any sales and use tax that may accrue because of this transaction shall be paid when due by
456 Buyer Seller One-Half by Buyer and One-Half by Seller.

457 16. PRORATIONS. The following shall be prorated to Closing Date (§ 2.3), except as otherwise provided:
458 16.1. Taxes. Personal property taxes, if any, and general real estate taxes for the year of Closing, based on Taxes
459 for the Calendar Year Immediately Preceding Closing X Most Recent Mill Levy and Most Recent Assessed
460 Valuation, adjusted by any applicable qualifying seniors property tax exemption, or Other N/A.
461 16.2. Rents. Rents based on Rents Actually Received Accrued. At Closing, Seller shall transfer or credit
462 to Buyer the security deposits for all leases assigned, or any remainder after lawful deductions, and notify all tenants

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463 in writing of such transfer and of the transferee’s name and address. Seller shall assign to Buyer all leases in effect at Closing
464 and Buyer shall assume such leases.
465 16.3. Association Assessments. Current regular Association assessments and dues (Association Assessments) paid
466 in advance shall be credited to Seller at Closing. Cash reserves held out of the regular Association Assessments for deferred
467 maintenance by the Association shall not be credited to Seller except as may be otherwise provided by the Governing
468 Documents. Any special assessment by the Association for improvements that have been installed as of the date of Buyer’s
469 signature hereon shall be the obligation of Seller. Any other special assessment assessed prior to Closing Date (§ 2.3) by the
470 Association shall be the obligation of Buyer Seller. Seller represents that the Association Assessments are currently
471 payable at $ N/A per N/A and that there are no unpaid regular or special assessments against the
472 Property except the current regular assessments and N/A.
473 Such assessments are subject to change as provided in the Governing Documents. Seller agrees to promptly request the
474 Association to deliver to Buyer before Closing Date (§ 2.3) a current Status Letter.
475 16.4. Other Prorations. Water and sewer charges, interest on continuing loan, and N/A.
476 16.5. Final Settlement. Unless otherwise agreed in writing, these prorations shall be final.

477 17. POSSESSION. Possession of the Property shall be delivered to Buyer on Possession Date at Possession Time (§ 2.3),
478 subject to the following leases or tenancies: N/A
480
481 If Seller, after Closing, fails to deliver possession as specified, Seller shall be subject to eviction and shall be additionally
482 liable to Buyer for payment of $ N/A per day (or any part of a day notwithstanding § 2.5.1) from Possession Date
483 and Possession Time (§ 2.3) until possession is delivered.
484 Buyer X Does Does Not represent that Buyer will occupy the Property as Buyer’s principal residence.

485 18. ASSIGNABILITY AND INUREMENT. This Contract Shall X Shall Not be assignable by Buyer without
486 Seller’s prior written consent. Except as so restricted, this Contract shall inure to the benefit of and be binding upon the heirs,
487 personal representatives, successors and assigns of the parties.

488 19. CAUSES OF LOSS, INSURANCE; CONDITION OF, DAMAGE TO PROPERTY AND INCLUSIONS AND
489 WALK-THROUGH. Except as otherwise provided in this Contract, the Property, Inclusions or both shall be delivered in the
490 condition existing as of the date of this Contract, ordinary wear and tear excepted.
491 19.1. Causes of Loss, Insurance. In the event the Property or Inclusions are damaged by fire, other perils or
492 causes of loss prior to Closing in an amount of not more than ten percent of the total Purchase Price, Seller shall be obligated to
493 repair the same before Closing Date (§ 2.3). In the event such damage is not repaired within said time or if the damage exceeds
494 such sum, this Contract may be terminated at the option of Buyer by delivering to Seller written notice of termination on
495 or before Closing. Should Buyer elect to carry out this Contract despite such damage, Buyer shall be entitled to a credit at
496 Closing for all insurance proceeds that were received by Seller (but not the Association, if any) resulting from such damage
497 to the Property and Inclusions, plus the amount of any deductible provided for in such insurance policy. Such credit shall
498 not exceed the Purchase Price. In the event Seller has not received such insurance proceeds prior to Closing, then Seller shall
499 assign such proceeds at Closing, plus credit Buyer the amount of any deductible provided for in such insurance policy, but
500 not to exceed the total Purchase Price.
501 19.2. Damage, Inclusions and Services. Should any Inclusion or service (including systems and components of the
502 Property, e.g. heating, plumbing) fail or be damaged between the date of this Contract and Closing or possession,
503 whichever shall be earlier, then Seller shall be liable for the repair or replacement of such Inclusion or service with a unit of
504 similar size, age and quality, or an equivalent credit, but only to the extent that the maintenance or replacement of such
505 Inclusion, service or fixture is not the responsibility of the Association, if any, less any insurance proceeds received by Buyer
506 covering such repair or replacement. Seller and Buyer are aware of the existence of pre-owned home warranty programs that
507 may be purchased and may cover the repair or replacement of such Inclusions. The risk of loss for damage to growing crops by
508 fire or other casualty shall be borne by the party entitled to the growing crops as provided in § 3.1.7 and such party shall be
509 entitled to such insurance proceeds or benefits for the growing crops.
510 19.3. Walk-Through and Verification of Condition. Buyer, upon reasonable notice, shall have the right to walk through
511 the Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this Contract.

512 20. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document, Buyer and Seller
513 acknowledge that the respective broker has advised that this document has important legal consequences and has recommended
514 the examination of title and consultation with legal and tax or other counsel before signing this Contract.

515 21. TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of the essence hereof. If any note or check received

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516 as Earnest Money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any
517 obligation hereunder is not performed or waived as herein provided, there shall be the following remedies:
518 21.1. If Buyer is in Default:
519 21.1.1. Specific Performance. Seller may elect to treat this Contract as canceled, in which case all Earnest Money
520 (whether or not paid by Buyer) shall be forfeited by Buyer, paid to Seller and retained by Seller; and Seller may recover
521 such damages as may be proper; or Seller may elect to treat this Contract as being in full force and effect and Seller shall
522 have the right to specific performance or damages, or both.
523 X 21.1.2. Liquidated Damages. All Earnest Money (whether or not paid by Buyer) shall be forfeited by Buyer, paid
524 to Seller, and retained by Seller. Both parties shall thereafter be released from all obligations hereunder. It is agreed that the
525 Earnest Money specified in § 4.1 is LIQUIDATED DAMAGES, and not a penalty, which amount the parties agree is fair and
526 reasonable and (except as provided in §§ 10.4, 19, 22, 23 and 24), said forfeiture shall be SELLER’S SOLE AND ONLY
527 REMEDY for Buyer’s failure to perform the obligations of this Contract. Seller expressly waives the remedies of specific
528 performance and additional damages.
529 21.2. If Seller is in Default: Buyer may elect to treat this Contract as canceled, in which case all Earnest Money received
530 hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect to treat this Contract
531 as being in full force and effect and Buyer shall have the right to specific performance or damages, or both.

532 22. LEGAL FEES, COST AND EXPENSES. In the event of any arbitration or litigation relating to this Contract, prior
533 to or after Closing Date (§ 2.3), the arbitrator or court shall award to the prevailing party all reasonable costs and expenses,
534 including attorney and legal fees.

535 23. MEDIATION. If a dispute arises relating to this Contract, prior to or after Closing, and is not resolved, the parties
536 shall first proceed in good faith to submit the matter to mediation. Mediation is a process in which the parties meet with an
537 impartial person who helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions.
538 The parties to the dispute must agree, in writing, before any settlement is binding. The parties will jointly appoint an acceptable
539 mediator and will share equally in the cost of such mediation. The mediation, unless otherwise agreed, shall terminate in
540 the event the entire dispute is not resolved within thirty days of the date written notice requesting mediation is
541 delivered by one party to the other at the party’s last known address. This section shall not alter any date in this Contract,
542 unless otherwise agreed.

543 24. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder shall release the Earnest
544 Money as directed by written mutual instructions, signed by both Buyer and Seller. In the event of any controversy regarding
545 the Earnest Money (notwithstanding any termination of this Contract), Earnest Money Holder shall not be required to take any
546 action. Earnest Money Holder, at its option and sole discretion, may (1) await any proceeding, (2) interplead all parties and
547 deposit Earnest Money into a court of competent jurisdiction and shall recover court costs and reasonable attorney and legal
548 fees, or (3) provide notice to Buyer and Seller that unless Earnest Money Holder receives a copy of the Summons and
549 Complaint or Claim (between Buyer and Seller) containing the case number of the lawsuit (Lawsuit) within one hundred twenty
550 days of Earnest Money Holder’s notice to the parties, Earnest Money Holder shall be authorized to return the Earnest Money
551 to Buyer. In the event Earnest Money Holder does receive a copy of the Lawsuit, and has not interpled the monies at the
552 time of any Order, Earnest Money Holder shall disburse the Earnest Money pursuant to the Order of the Court. The parties
553 reaffirm the obligation of Mediation (§ 23). The provisions of this § 24 apply only if the Earnest Money Holder is one
554 of the Brokerage Firms named in § 34 or § 35.

555 25. TERMINATION. In the event this Contract is terminated, all Earnest Money received hereunder shall be returned
556 and the parties shall be relieved of all obligations hereunder, subject to §§ 10.4, 23 and 24.

557 26. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real
558 Estate Commission.)
559 Attachment: "Exhibit A"
569
570 27. ATTACHMENTS. The following are a part of this Contract:
571 Exhibit A
572 Note: The following disclosure forms are attached but are not a part of this Contract:
573 N/A
574
575 28. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith, including but
576 not limited to exercising the rights and obligations set forth in the provisions of Financing Conditions and Obligations
577 (§ 5) and Property Disclosure, Inspection, Indemnity, Insurability, Buyer Disclosure and Source of Water (§ 10).

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578 29. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL. This Contract, its exhibits and specified addenda, constitute
579 the entire agreement between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral
580 or written, have been merged and integrated into this Contract. No subsequent modification of any of the terms of this Contract
581 shall be valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. Any obligation in this
582 Contract that, by its terms, is intended to be performed after termination or Closing shall survive the same.

583 30. COLORADO FORECLOSURE PROTECTION ACT. If the Colorado Foreclosure Protection Act (Act) applies, then a
584 different contract that complies with the provisions of the Act is required, and this Contract shall be void and of no effect. The
585 Act generally requires that (1) the Property is residential, (2) any loan secured by the Property is at least thirty days delinquent
586 or in default, (3) Buyer does not reside in the Property for at least one year and (4) Buyer is subject to the Act. Buyer
587 Will Will not occupy the Property as Buyer’s personal residence for at least one year. The parties are further advised to
588 consult with their own attorney.

589 31. NOTICE, DELIVERY, AND CHOICE OF LAW.


590 31.1. Physical Delivery. All notices must be in writing, except as provided in § 31.2. Any document, including a
591 signed document or notice, delivered to Buyer shall be effective when physically received by Buyer, any signator on behalf
592 of Buyer, any named individual of buyer, any representative of Buyer, or Brokerage Firm of Broker working with Buyer (except
593 for delivery, after Closing, of the notice requesting mediation described in § 23) and except as provided in § 31.2 below.
594 Any document, including a signed document or notice, delivered to Seller shall be effective when physically received by Seller,
595 any signator on behalf of Seller, any named individual of Seller, any representative of Seller, or Brokerage Firm of Broker
596 working with Seller (except for delivery, after Closing, of the notice requesting mediation described in § 23) and except as provided
597 in § 31.2 below.
598 31.2. Electronic Delivery. As an alternative to physical delivery, any document, including any signed document
599 or written notice may be delivered in electronic form only by the following indicated methods: X Facsimile X Email
600 X Internet No Electronic Delivery. Documents with original signatures shall be provided upon request of any party.
601 31.3. Choice of Law. This Contract and all disputes arising hereunder shall be governed by and construed in accordance
602 with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado for
603 property located in Colorado.

604 32. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal shall expire unless accepted in writing, by Buyer
605 and Seller, as evidenced by their signatures below, and the offering party receives notice of such acceptance pursuant to § 31
606 on or before Acceptance Deadline Date (§ 2.3) and Acceptance Deadline Time (§ 2.3). If accepted, this document shall
607 become a contract between Seller and Buyer. A copy of this document may be executed by each party, separately, and when
608 each party has executed a copy thereof, such copies taken together shall be deemed to be a full and complete contract between
609 the parties.
610
611
Date:
Buyer’s Name: Robert N Mannan
Buyer’s Signature
Address: N/A
N/A
Phone No.: N/A Fax No.: N/A
Email Address: N/A

Date:
Buyer’s Name: Holly H Mannan
Buyer’s Signature
Address: N/A
N/A
Phone No.: N/A Fax No.: N/A
Email Address: N/A

612 [NOTE: If this offer is being countered or rejected, do not sign this document. Refer to § 33]

CBS1-5-09. CONTRACT TO BUY AND SELL REAL ESTATE 7/26/2009 17:14 Page 12 of 14
Buyer initials Seller initials
DocuSign Envelope ID: EB2BBF43-17AE-4AFA-963F-97AFBC680C74

Date:
Seller’s Name:
Seller’s Signature
Address:

Phone No.: Fax No.:


Email Address:

Date:
Seller’s Name:
Seller’s Signature
Address:

Phone No.: Fax No.:


Email Address:

613
614 33. COUNTER; REJECTION. This offer is Countered Rejected.
615 Initials only of party (Buyer or Seller) who countered or rejected offer
616
END OF CONTRACT TO BUY AND SELL REAL ESTATE

34. BROKER’S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE.


(To be completed by Broker working with Buyer)

Broker X Does Does Not acknowledge receipt of Earnest Money deposit specified in § 4.1 and, while not a party to the
Contract, agrees to cooperate upon request with any mediation conducted under § 23. Broker agrees that if Earnest Money Holder is
other than the Brokerage Firm identified in § 34 or § 35, Closing Instructions signed by Buyer, Seller, and Earnest Money Holder
must be obtained on or before delivery of Earnest Money to Earnest Money Holder.

Broker is working with Buyer as a X Buyer’s Agent Seller’s Agent Transaction-Broker in this transaction.
This is a Change of Status.

Brokerage Firm’s compensation or commission is to be paid by X Listing Brokerage Firm Buyer


Other N/A .

Date:
Brokerage Firm’s Name: Grey Rock Realty
Broker’s Name: Ryan Jenkins

Broker’s Signature
Address: 1091 Shadow Ridge Rd
Laporte, CO 80535
Phone No.: (970) 689-0824
Fax No.: (970) 472-0447
Email Address: N/A

35. BROKER’S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE.


(To be completed by Broker working with Seller)

Broker Does Does Not acknowledge receipt of Earnest Money deposit specified in § 4.1 and, while not a party to the
Contract, agrees to cooperate upon request with any mediation conducted under § 23. Broker agrees that if Earnest Money Holder

CBS1-5-09. CONTRACT TO BUY AND SELL REAL ESTATE 7/26/2009 17:14 Page 13 of 14
Buyer initials Seller initials
DocuSign Envelope ID: EB2BBF43-17AE-4AFA-963F-97AFBC680C74

is other than the Brokerage Firm identified in § 34 or § 35, Closing Instructions signed by Buyer, Seller, and Earnest Money Holder
must be obtained on or before delivery of Earnest Money to Earnest Money Holder.

Broker is working with the Seller as a Seller’s Agent Buyer’s Agent Transaction-Broker in this transaction.
This is a Change of Status.

Brokerage Firm’s compensation or commission is to be paid by Seller Buyer Other N/A

Date:
Brokerage Firm’s Name: RE/MAX Advanced Inc.
Broker’s Name: Scott Sutherland

Broker’s Signature
Address: 1018 Centre Ave
Fort Collins, CO 80526
Phone No.: (970) 221-5995
Fax No.: (970) 221-5999
Email Address: Title@ftcollinshomes.com

CBS1-5-09. CONTRACT TO BUY AND SELL REAL ESTATE 7/26/2009 17:14 Page 14 of 14
Buyer initials Seller initials
DocuSign Envelope ID: EB2BBF43-17AE-4AFA-963F-97AFBC680C74

EXHIBIT "A" TO CONTRACT TO BUY AND SELL


SPECIAL PROVISIONS

1. Bankruptcy Court Approval.

This Contract is subject to, and shall not become effective until approved by
written Order of the United States Bankruptcy Court for the District of Colorado upon such
notice as may be required. Trustee shall apply to the Bankruptcy Court for an Order
approving this Contract. The sale of the estate's interest in the Property to a purchaser,
closing and payment of any real estate broker fees by the bankruptcy estate is subject to
Bankruptcy Court approval.

2. Sale As Is. Where Is. No Representations of Any Kind by Trustee.

A. Seller is the Trustee for the bankruptcy estate of Vivian Lee Sweetman, Case
No. 07-10810 SBB, United States Bankruptcy Court for the District of
Colorado. Trustee has not acquired the Property for purposes of maintaining
the same, but rather for the sole purpose of liquidating the same under the
Bankruptcy Code.

B. Due to the unique nature of the bankruptcy proceeding, Trustee has not
personally used the Property and is unaware of the true condition of the
Property.

C. Trustee is unable to make, shall not be required to make and shall not be
deemed to have made, any representation or warranty whatsoever as to the
physical condition of the Property or as to the operative or proposed
governmental laws and regulations, zoning, environmental and land use laws
and regulations to which the Property may be subject.

D. The Purchase of the Property must be solely on the basis of Buyer's own
review and investigation of the physical condition of the Property, and the
applicability and effect of any laws and regulations to which the Property.
Although Trustee may reasonably cooperate with Buyer's inspection of the
Property and review of any documents affecting the Property, Trustee cannot
and shall not assume the risk that adverse matters may not have been disclosed
to Buyer by Buyer's investigation.
DocuSign Envelope ID: EB2BBF43-17AE-4AFA-963F-97AFBC680C74

E. As a standard matter of practice involving properties conveyed from


bankruptcy estates through court appointed administrators, Trustee's limited
knowledge of the Property as the Trustee of a bankruptcy estate does not
permit Trustee to sell the Property other than in its present "AS IS" condition,
subject to all faults. Accordingly, the Property being sold under the terms of
this Agreement is sold "AS IS WHERE IS, AND WITH ALL FAULTS
WITH NO REPRESENTATIONS MADE BY SELLER."

3. Transfer of Title.

Conveyance of the bankruptcy estate's interest in the Property shall be by


Trustee's Deed.

4. Closin~.

Closing shall occur on or before ,2009, or within ten (10) days


following entry of a court order authorizing the sale ofthe estate's interest in the Property,
whichever is later.

2
DocuSign Envelope ID: EB2BBF43-17AE-4AFA-963F-97AFBC680C74

REjMAX Advanced, Inc.


1018 Centre Avenue Fort Collins, CO 80526
Terry Anderson,CRS,GRI,MRE,ABR,TRC, Eco Broker,ePro,SRES
and Scott Sutherland
Your Home Team Advantage
Ph: 970- 221- 5995 Fax: 970- 224- 4458
he printed portions of this form, except dlfrefentlated additions, have been approved by the Colorado
eal Estate Commission CL8-9-081 (Mandator \-09
3
4 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD.
5 CONSU!.T LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING
6
7 CLOSING INSTRUCTIONS
8
9 Date: __ -=-7:..:18::.;/2:..:0~O~9
10
1. PARTIES, PROF'ERTY. Daniel A. Hepner, Trustee for the Bankruptcy Estate of Vivian
Lee Sweetman, Case No. 07-10810 SBB, Seller, and
___ '7-_....,...-:::,,-- ,Buyer,
Security Title Guaranty
engage Company . Closing Company, who
12 agrees to provide closing and selUement servlces in connection with the Closing of the transaction for
13 the sale and purchase of the Property
14 known as: 1232 Constitution Avenue Fort Collins CO 80521-4414
!5 and more rully described In the Contract to Buy and Sell Real Estate, dated ,Including
16 any counterproposals and amendments (Contract).
17
18 2. INFORMATION, PREPARATION, Closing Company Is authorized to obtain any Iniormation
19 necessary for the Closing. Closing Company agrees to prepare, deliver, and record those documents
20 (excluding legal documents) that ere necessary to carry out the terms and condilions of the Contract.
21
22 3. CLOSING FEE. Closing Company will receive a fee not to exceed $ =2.:;.O~O _
23 for providing these closing and settlement services.
24
25 4, RELEASE, DISBURSEMENT. Closing Company Is not authorized to release any signed
documents
26 or things of value prior to receipt and disbursement of Good Funds, except as provided in § § 8 and 9.
27
28 5, DISBURSER. Closing Company shall disburse all funds, including real estate commissions,
29 except those funds as may be separately disclosed in writing to Buyer and Seller by Closing
30 Company or 8uyer's lender on or before Closing. All parties agree that no one other than Ihe
31 disburser can assure that payoff of loans and other disbursements will actually be made.
32
33 6. SELLER'S NET PROCEEDS. Seller will receive the net proceeds of ClOSingas Indicated:
34 ~ Cashier's Check. at Seller's expense 0 Funds ElectronIcally Transferred (wire transfer)
35 to an account speclfleo by Seller, at Seller'S expense 0 Closing Company's trust account check.
36
37 7. CLOSING STATEMENT. Closing Company will prepare and deliver an accurate, complete and
38 detailed closing statement to Buyer and Seller at time of Closing.
39
40 8. FAILURE OF CLOSING. If Closing or disbursement does not occur on or before Closing Date
4! sot forth ln the contract, Closing Company, except as provided herein, is authorized and agrees to
4'2 return all documents, monies, and things of value to the depositing party, upon which Closing
43 Company will be relieved from any further duty, responsibility or liability in connection with Ihese
44 Closing Instructions. In addition, any promissory note, dead of trust or other evidence of Indebtedness
45 signed by Buyer shall be voided by ClOSIngCompany, with lhe originals returned to Buyer and a copy
46 to Buyer's lender.
47
9. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder
48
shall release the Earnest Money as directed by written mutua! instructions, signed by both Buyer
49
and Seller. In the event of any controversy regarding the Earnest Money (nclwithstanding any
50
CL8·9·08. CLOSIl\G INSTRUCTIONS Page i of 4

13uyer(s) Initials _ Seller(s) Initials -/-~ro(l..!L----------


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DocuSign Envelope ID: EB2BBF43-17AE-4AFA-963F-97AFBC680C74

51 termination of the Contract), Earnest Mcney Ho'der shall not be required to take any action. Earnest
52 Money Holder, at its option and sole discretion, may (1) await any proceeding, (2) interplead all
53 parties and deposit Earnest Money into a court of competent Jurisdictlon and shall recover court costs
S4 and reasonable attorney and legal fees, or (3) provide notice to Buyer and Seller that unless Earnest
5S Money Holder receives a copy of the Summons and Complaint or Claim (between Buyer and Seller)
56 containing tho cese number of the lawsuit (Lawsuit) withln one hundred twenly days of Earnest Money
57 Holder's notice to the parties, Earnest Money Holder shaH be authorized to relurn the Earnest Money
58 to Buyer. In the event Earnest Money Holder doss receive a copy of the Lawsuit, and has not Interpled
59 the monies at the time of any Order, Earnest Money Holder shaD disburse the Earnest Money
50 pursuant to the Order of the Court.
61
62 10. SUBSEQUENT AMENDMENTS. Any amendments to. or terrnlnation of. these Closing
63 Instructions must be In writing and signed by Buyer, Seller and Closing Company.
64
6S 11. CHANGE IN OWNERSHIP OF WATER WELL. Within sixty days after Closing. Closing Company
66 shall submit any required Change In Ownership form or registration of existing well form to the DIvision
67 of Water Resources In the Department of Natural Resources (Division). wIth as much Information as Is
68 available, and the Division Shall be responsible for obtaining the necessary well registration Information
69 direcUy from Buyer. Closing Company shall not be liable for delaying Closing to ensure Buyer
70 completes any required form.
71
72 12. WITHHOLDING. The Internal Revenue Service and the Colorado Department of Revenue
n may require Closing Company to withhold a substantial portion of the proceeds of this sale when
74 Seller eIther (a) is a foreign person or (b) will nol be a Colorado resident after Closing. Seller should
75 inquire of Seller's tax advisor to determine if withholdtng applies or if an exemption exists.
76
77 13. ADDITIONAL PROVISIONS. (The following additlonaf provisions have not been approved by he
78 Colorado Real Estate Commission.)
79 No Other
60
81 14. COUNTERPARTS. ThIs document may be executed by each party, separately, and when
82 each party has executed a copy, such copies taken together shall be deemed to be a full and
83 complete contract between the parties.
84
85 15. BROKER'S COPIES. Closing Company shall provide, to each broker In this transaction, copies
S6 of all signed documents that such brokers are required to maintain pursuant to the rules of the
87 Colorado Real Estate Commission.
ss
16. NOnCE, DEL.IVeRY AND CHOICE OF l.AW.
89 16.1. Physical Delivery. Except as provided in § 16.2, all notices must be in writlng.
90 Any notice or document to Buyer shall be effe·clive when physically received by Buyer, any Individual
91 buyer. any representative of Buyer, or Brokerage Firm of Broker working with Buyer. Any notice or
sz document to Seller shall be effectlvo when physically received by Seiler, any indIvidual seller, any
93 representative of Seller, or Brokerage Firm of Broker workIng with Seller. Any notice or document to
94 Closing Company shaU be effective when physically received by Closing Company, any indMdual of
95 Closing Company, or any represenlative of Clos,'ng Company.
96 16.2. Electronic Delivery. As an alternative 10 physical delivery, any signed document and
97 wrilten notice may be delivered In electronic form by the following indicated methods onfy:
98 ~ Facs1mlle ~ E-mail 0 Internet 0 No Electronic Delivery .. Documents with original
99 signatures shall be provided upon request of any party.
100 16.3. Choice of Law. This contract and all disputes arising hereunder shall be governed
101 by and construed in accordance with the laws of the State of Colorado that would be applicable to
102 Colorado resldents who sign a contract fn this state for property located in Colorado.
103
104
105 Buyer: Date: _
106
107 Addross:
106 Address:

CLS-9-0B. CLOSING INSTRUCTIONS Page 2 of4

Buycr(s) Initials _ Seller(s) Initials _~_--'W~ _


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DocuSign Envelope ID: EB2BBF43-17AE-4AFA-963F-97AFBC680C74

109 Phone No.:


110 Fax No.:
111 Email Address:
112
113 Buyer: Date: ~.~ _
U4
115 Address:
!16 Address:
117 Phone No.:
118 Fax No.:
li9 Emall Address:

.20 .

121 seller:/ ~4--~1 p.~ Data: ;p./y11{1Z4I1


127 Danlal A. Hapn~stee for the Bankruptcy Estate of vtvten Lee Sweetman,
- - Case No. 07·10810 SBa,
_23 Address: 9101 Harlan Street #260
12~ Address: Westminster, CO 80031
125 Phone No.: 303-444-5141
126 Fax No.:
127 Email Address:clilepner@epitrustee.com
128
129 Seller: Date: _
130
1:H Address:
132 Address:
133 Phone No.:
154 Fax No.:
135 Emoii Address:
136
l37
138 Closing Company: Security rrue Guaranty Company
139
140 By: TIUe: _ Date: _
Authortzec Signature
141 Address: 2609 E, Harmony Rd. #150
142 City: Fort Collins, CO 80528,
143 Phone No.: 970-267·8980
144 Fax No.: 970-267-8987
1'15 Emall Address:
146

~::--------~(_TO--B-E_C-O-M-P-b-E-T-E-D-O-N-L-y-B-y--B-R-O-K_E_R_A_N_D_C_L_O_S_I_N_G_C_O_M_P_A_N_Y~t
_

Terry
149 Anderson,CRS,GRI,MRE.ABR,TRC,
Eco i3roker,ePro,SRES and Scott
Sutherland (Broker) 181 Working with Seller 0 Working with Buyer
!50 engages Closing Company as Broker's scrivener 10 complete, for a iee not 10 exceed $ .::.;5.:..;:0.:;0 _

151 at the sole expense of Broker. the following legal documents:


152
153 ~ Deed ~ Bill of Sale 0 Colorado Real estate Commlsston approved Promissory
154 Note 0 Colorado Reat Estate Commission approved Dead of Trust. Closing Company agrees
i5S to prepare, on behalf of Broker, the Indicated legal documents pursuant to the terms and conditions
15"6 of the Contract.
157
156 The documents stated above shall be subject to Broker's review and approval and Broker

CL8-9-0B. CLOSING INSTRUCTIONS Page 3 of4

Buycr(s) Initials _ Se][er(s) Initials _~--l~L:.jI' ~ _

CTMeComraCis.com - 02009 CTM Software Corp.


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159 acknowledgesthat Broker is responsible for the accuracy of Ihe above documents.
160

!6t BrokerageBrokerFirm's Name: REiMAX Advanced, inc.


.62
Your Home Team Advantage
163
16<1

165 BrOker:4~Ltf'~A-~JZ
Date: 71812009
166
167 Closing Company: Security Title Guaranty Company
168
159 By Tltle: ~ Date: _
Authorized Signature
170
----------------------------------------------------
171 CLS-9-08. CLOSING INSTRUCTIONS
enl e Contr acrs - @200" CH1 sorrwore Corp.

CLS-9·0a. CLOSrKG INSTRUCTIONS Page 4 of4

Buyerfs) Initials _ SelJer(s) Initials _/~ __ I)1v- _


CTMeC'onlrJcl,.com ·C2009 CTM Software Corp.
DocuSign Envelope ID: EB2BBF43-17AE-4AFA-963F-97AFBC680C74

RE/MAX Advanced, Inc.


1018 Centre Avenue
Fort Collins, CO 80526
Terry Anderson,CRS,GRI,MRE,ABR,TRC, Eco Broker,ePro,SRES and
Scott Sutherland
Your Home Team Advantage
Ph: 970-221-5995 Fax: 970-224-4458
he printed pcrttons of this form, except differentiated additions, have been approved by the Colorado Real
Estate Commission. (LP 45-5-04)

l..ead-8ased Paint Disclosure (Sales)


Altachment to Contract to Buy and Sell Real Estate (or the Property known as:
1232 Constitution Avenue Fort CoWns CO 80521-4414

WARNING! LEAD FROM FAINT, DUST, AND SOIL CAN BE DANGEROUS IF NOT MANAGED PROPERLY

Penalties for failure to comply with Federal Lead-Based Paint DIsclosure Laws include treble (3
times) damages, attorney fees, costs, and a penalty up to $10,000 (plus adjustment for Inflation) for
each violation.
Dlsc!osure of Information on Lead-Based Paint andlor Lead-Based Paint Hazards.

Lead Warning Statement


Every purchaser of any interest In resldenUal real property on which a resIdential dwelling was built prior to
1978 Is notified that such property may present exposure to lead from lead-based paint that may place young
children at rIsk of developing lead polsonlnq. Lead poisoning in young children may produce permanent
neuroloqlcal damage, Including leamlng disabilities, reduced intelligence quotient, behavioral problems, and
Impaired memory. Lead poisoning also poses a particular risk to pregnant women. The Seller of any interest in
residential real property is required to provide the buyer with any tnformatlon on lead-based paint hazards from
risk assessments or inspections in the Seller's possession and notify the buyer of any known lead-based paint
hazards. A risk assessment or inspection tor possible lead-based paint hazards is recommended prior to
purchase.

Seller's Disclosure 10 Buyer and Real Estate Llcensee(s) and Acknowledgment


(a) Seller acknowledges that Seiter has been Informed of Seller's obligations. Seller Is aware that
Seller must retain a copy of Ihls disclosure for not less than three years from the completion date
of the sale.
(b) Presence of lead-based paint and/or lead-based paint hazards (check one box below):
!81 Seller has no knowledge of any lead·based paint and/or lead-based paint hazards present In
the housing.
o Seller has knowledge of lead-based pain. and/or lead-based paint hazards present in the
housing (exptain):

(c) Records and reports available to Sellor (check one box below):
!81 Selier has no reports or records pertaining to lead-based paint and/or lead-based paint hazards
In Ihe housing.
o Seller has provided Buyer with all available records and reports pertaining 10 lead-based paint
and/or lead-based paint hazards In the housing (list documents below):

Buyer's Acknowledgment
(d) Buyer has read the lead Warning staternent above and understands its contents.
(e) Buyer has received copies of allinformalion, including any records and reports listed by Seller above.
(f) Buyer has received the pamphlet "Protect Your Family From Lead in Your Horns".
(g) Buyer acknowledges fedetallaw requires that before a buyer Is obligated under any contract to buy
and sell reat estate. Seller shalt permit Buyer a 10·day period (untess !he parties mutually agree, In
writing, upon a different period of lime) to conduct a risk assessment or Inspection for the presence
of lead-based paint andlor lead-based paint hazards.
(h) Buyer, after having reviewed the contents of this form, and any records and reports listed by SeHer,
has elected to (check one box below):
o Obtain a risk assessment or an Inspection of the Property for the presence of lead-based paint
LP45-5-04. Lead-Based Paint Disclosure (Sales) Page J of2

Buycr(s) Initials _ Seller(s) Initials _~_I)1Y~ _


CTMeConlmcts.com - 'C2oo9 eTM Software Corp.
DocuSign Envelope ID: EB2BBF43-17AE-4AFA-963F-97AFBC680C74

and/or lead-based paint hazards, within the time limit and under the terms of Section 10 of the
Contract 10 Buy and Setl Real Estate: or
o Waive the opportunity to conduct a risk assessment or inspection for the presence of lead-based
paint and/or lead-based pain! hazards.

Real estate Licensee's Acknowledgment


Eaoh real estate licensee signing below acknowledges receipl of the above Seller's Disclosure, has informed
Sellar of Seller's obligations and is aware of licensee's responsibility to ensure compliance.

Cerimcatlem of Accuracy
I certify that the statements I have made are accurate to ihe best of my knowledge.

Buyer:~~ Date: _

Buyer: Oats: _

seller:/ ~ (,. I~f O-t;t;; ..... .. Date: :n.rX'I{( UJi1


Daniel A. Hepner, Trustee for the Bankruptcy Estate of Vivian Lee Sweetman, Case No.
07·10810 SBB,

Sener: ~ Dale: _

Listing ll!rol<eraga Firm's Name: RE/MAX Advanced, Inc.

Your Heme Team Advantage

Real Estate Licensee (LIstIng)

Date: 71812009

Real Estate Licensee (Selling):


Selling Broker: ~ Date: _~ _

I.P 4!HH'4 LEADPA1NT MSe DISCLOSURE (SALES)


CHI eCanlrJcts - ©2009 en, 50rll'lMO Corp.

L1'45-5-04. Lead-Based Paint Disclosure (Sales) 'page 2 of2

Buyer(s) InhiaIs, _ SeLler(s) Initials 4l/'-----"IfV/'--- _


CTMeContracls.com - ©20G9 CTM Software Corp.
DocuSign Envelope ID: EB2BBF43-17AE-4AFA-963F-97AFBC680C74

OCCUPANCY LIMITS DISCLOSURE STATEMENT FOR PROPERTY SALE

The City of Fort Collins Code requires that any person selling or leasing a home, apartment or other
dwelling unit must Inform the buyer or renter about the maximum number of people who, by law, are al-
lowed 10 occupy that home. All parties must sign where indicated below.

Until January 1, 2007, the maximum permissible occupancy of this dwelling unit is:

1. any number of persons relaled by blood, marriage, adoption, guardianshIp or duly authorized cus-
todial relallonship; or

2. any unrelated group of persons consisting of not more than 3 persons or not more than 2 unrelated
adults and their related Children, if any.

Arter January 1, 2007, the maximum permIssible occupancy of this dwelling unit is:

1. one (1) family (related by blood, marriage, adoption) and not more than ono (i) additional person; or

2. two (2) adults and their dependents, if any, and not more than one (1) additional person.

Date: 7-{ "1- t.2 ~ Property Address: p ~2 €ONSZf7o Z 41M2 . Ave-


/ s=re. f'C?S.:L /
Seller Name(s): LD:~,4tV~IB~(I.--£~+t;;:.:e.£J.<.<;(w.O-!.."'-r1_Q~,ec.::v,-",S-=1:C7!£",,-,-~ _
/'

Seller Signalure(s): ~ C. '~( ~

Buyer Name(s): _

Buyer Signature(s): ~ . Phone: _

Address (II different than property address): _

I It Is tecommended tllal you file thIs form wl/h your closing documents.
If requestec by the City during an Invosllgation, you are required 10 provldo this fully oxccuted disclosure statementlo the City pur-
suant to City Coda SecUon 5-264. Failure to retain the statement is a civil Infraction punishable by a fine or not more than S1000, in
addltlon 10 any costs, fees or surcharges assessed by a court or referee.

'.
DocuSign Envelope ID: EB2BBF43-17AE-4AFA-963F-97AFBC680C74

;~~~IIC RE/MAX Advanced, Inc.


1018 Centre Avenue Fort Collins, CO 80526
YOUR 1ll:n-TGAM Terry Andersoo,CRS,GRi,t>1RE,ABR,TRC, Eco Broker,ePro,SRES and Scott
AOYA.!;7ACil
Sutherland
Your Home Team Advantage
Ph: 970-221-5995 Fax: 970-224-4458

THIS FORM HAS IMPORTANT LEGAL cONSEQUENCES IIND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER
COUNSEL BEFORE SIGNING.
SELLER'S PROPERTY OISCLOSURE
(RESIDENTIAL)
THIS DISCLOSURE SHOULD BE COMPLETED BY SELLER, NOT BY BROKER.
Seller states tllat the Information contained In zhts Disclosure Is correct to the best of 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 Properly or Unit Itself, except as stated In SecUon 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 to be Included In the sale, mark the
"NfA" column. The Contract to Buy and Sell Real Estate, not this Disclosure form, determines whether an
Item Is Included or excluded; If there Is an Inconsistency between thl.s form and the Contract, the Contract
controls.

Date: 71812009
Property Address: 1232 Constitution
Avenue Fori CoJllns CO 80521-4414
Seller: Daniel A. Hepner, Trustee for the Bankruptcy Estate of Vivian Lee Sweetman,
Case No 07-10810 SBB 1

I. IMPROVEMENTS
A. STRUCTURAL CONDITIONS
Do any 01 the lollowlng conditions now axial or havo Do Not
tllBY over existed, Yes No Know NJA COMMENTS
1 St"lJt:tutal proal am. )(

2 Mo,slura andlor water problems tr(


Damugo duo to Isrmllos, other insoct s, birds, anlmals or
3
rodsnts
.\"
4 Ds,1'Iagodue to hall. wind.nee or 0000 . )(

5 Cracks. heaw,ll 0' seWing problems It


6 Exterior wall or vrindow problems
7 lOxieriorArtificial stueeo (EIFS)
a Anyaddlllons or alterations made
9 Building eodsfcHy or county vlolatlons

I
Do Not
B. ROOF Yes No Know NiA COMMENTS
1 Rooi problems X
Roof metetial Age
2
Roof material AQa ,(
:J Roof lea~: Past X
4 Roof leak: Present V
5 Damaqo 10root: Past
6 Damage to roof: Presenl
7 Roof under warf3nly unlil Tra;,sierab!e v-
a Reel work daM while under current IO'Jf \Vallanty V
9 SkVliaht prOblems
10 Gutter or downspout problems

IN WORKING CONDITION
DoNat Age If
C. APPliANCES Yos No Know Known NJA COMMENTS
1 Bulll-in vacuum system 8. accesscrt ss
2 Clothes dryer
3 C:olhes washer ,
4 Dishwasher
5 Dls~osal
G Frnozor
7 Gas.grlll

SPD29·5·09. SELLBR'S PROPERTY DISCLOSURE (Resldcntiat) Page J of5

Buyerts) Initials _ Sellcr(s) Initials _/_--:fJ1r:"--.:c-- _


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8 Hood I
9 MIClcwave oven I
10 Ovan
11 Range
12 Refrlgeralor
13 T.V. antenna DOl'lned OLeased Xl
14 Satellite system or DSS dish Downed oLeascd )0
15 T (ash compactor ~

IN WORKING COllOITION
00 Not Ago If
D. ELEC'TRICAL 8. TELecOMMUNICATIONS Yes No Know Known NlA COMMENTS
1 Security system: DOwned DLoasod Xl
2 Smoke/fire detectors: DBellery [JHatdv.iro kI
3 Carbon Monoxld!l Alarm Battary DHardwire ~
4 Light fixtures
5 SWitches & outlets
6 Aluminum wlrin~ (110)
7 Electricai: Ames I
a Tctecommunlcatlons (T1. Ooar. cable, satelilia
S Inside teloonone wiring & blocksljacKs --
10 Cci!llig fans
11 Garage door opener
12 Garage door control(s):J
13 inlercom/doorbell
14 In·wall .peaKers
16 220 volt servtce J
16 Landscape liahUnn ~

IN WORKIliG CONDITION
Do Not Ago If
E. MECHANICAL Yes No Know I{nown NlA COMMENTS
1 Nr coodillonlng: 'tl
EvaporAtive cooter
Window units
C~I"\((al
2 AltleJwhoie hOLlSe1an ~
3 Vent fans
4 Humidifier )I
B Alr purlnef 10
6 Saun~
1 Hot ~Jb or spa '")I
B Steam room/shower l(I
9 Pool ~
Heating syslem:
10 TYPe
Type
Fuel
Fuel
Xl
WeIO( heatsr; Numbar 01
11
Capaclt'{ Xi
Fuel type
12 Fitaplaco: TyPe Fuol .,.
13 Rroplace insert )0
;4 Slave: Typa Fuel N I
When was liraplacatwood stove, ctlimneylnuQ
15
esi cleaned: Dale: DDC net know
)1
15 Fuallanks: DOwned DLeased '(

17 Redlanl nea\lng system Dtn!erior o"xterlor


Hose TVpe X
18 Overhead door Y --
19 colcv cato sy;;!em ~ ~
20 Ellevalor X

IN WORKING CONOITION
Do Not Ago If
F. WAiER. SEWER & OTHER UTILITIES Yes No Know Known NJA COMMENTS
1 Water filter system DOwned o\..eased 7i
I
a Water softener OOwnod Dleased "fJ
3 Sawage prablemg [Jy6S. 01'10 UDo not know )j

SPD29-5-09. SELLER'S PROPERTY D1SCLOSURE (Residential) Page 2 of 5

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4 un S.lation (sewaQO ejector pump) I


5 Drainage. storm sewers, lolen~on pones ~
6 Groy water storage/usa )0
7 Plumblno nrobrems DVM UN" 000 1'101 MOW I
8 Sumo pump
9 IJnoerQroundsprinkler svstom
10 FIre sprlnlller system
11 ?olybulylena pipe OYe.s ONO DDo not Kno'II ~
12 GalWlnlzed pipe UY(;$ U"!o 000 tI<ll know Xi
Sacl<1law prsv&nUon cevtee
13
OOomestic Dlrrlgallon OFlr" OSllWagO XJ
14 Irrlaallon Dump K\
16 Well pump 1(}

Do Net
G. OTHER PISCLOSURES:-IMPROVEMENTS Yes No Know NlA COMMENTS
1 Included flX1llres and equipment In working cone/ilion )\J I
2 !
3 I
4 I

II. GENERAL
00 Not
H. USE. ZONING & lEGAL ISSUES Yes No Know NlA COMMENTS

1
Zoning violation, vartance, conditione!
PUD or non-«lnformlno uso
U66, ontcrcoabte
.(J
2 Norice or threat ql condoznnauon procsedlogs y!
or any adverse conditions from any governmenlal
No!lce
3 or quasl-govarnmenla! agency thot have not bean
rosolv~d Xi
VlolaUon 01 roWletive covenants or 0"'09'6' assoclafion
4
Mas or ragu!atlons )/
Any building or Improvements constructed within tho pas I
5 one ya~r from Ihls Oa\o wlthout approval by the
Assoc1allQrl or the deslgnatod apRfOving body
Xl
6 Nalicoof z<mlng action rOlated \0 tha ProPattl' .EJ
7 DtM, legal action 'i'

00 Not
I. ACCESS, PARKING. DRAiNAGE. s SlqNAGE Yes No Know NlA COMMENTS
1 Any. access problems XJ
Roads. driveways, (!alls Of paths IIwough the Property usee
2
by others
)0
3 Public hlohway or county road borderinc the Properly }Q
4- Any prQP<r.~Q or a.x/sUng tmnsportatlon proJoct thai sffccis )Il
or Is exD~t.d to affect the Pro~ertv

e
Encroaehme,.,ts, boundary dlspules or unrecorded
casements
Shared or common aress with ed/o!nlng prcportles
I )0
..a
7 ReQuirements lor curb, gravol/pavlng. landsCilplng 111
8 Flooding or orainaga probloms: Past .>.
9 Flooding or dralnaqo problems: Prasunl .,.,

J. Do No!
WA. TER s SEWeR SUP?L Y Yes No Know NfA COMMENTS
1 Weier Rights Type o
2 Water lap fGG.Spaid Inlull
3 Sewer lap fees paid In fUll
4 Sublecl to augmentation plan
5 Well r<iqulf&d to be mol<ll&O
6 Typo of wale' supply: .!;&public Dcommunlly DWell USh.red Well OClslom UNor.a
If tho Property Is served by a WolI, a Ci:Jpy of the Well Permit Ols 01. 1401altached. Wol! Porm!l #:
o D~lIll1g Records DAro DArt) Ht>l attached. Shared Vloll Agroemonl
1M Wator Pro~ldor ror the Property can bo contacted at:
DYes ONot

Name: Address:

SPD29·$·09. SELLER'S PROPERTY DJSCLOSURE (Residential) Page S of 5

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Web Silo! Phone No.:

o There I. neilhor 0 Woll nor a Water ProVider for Ihe P(operty. The source of potab's water for Iha Property:s [describe source]:

:sOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRiONEWAsLE GROUNt} WATER. YOU MAY WISH TO CONTACT
YOUR PROVIDER (OR INVESTIGAlE iHE DESCRIBED SOURCE] TO DETERMINE THE LONG·TERM SUFFICIENCY OF THE
PROVIDER'S
WATER SUPPUES.

Typo of sanilary sower service: . \f.!Ub!lC Deommunity [JSeplle System DNone OOUlor 0
1 If Ihe Proporly Is served by an on·slto septic syslem, supply 10 buyer a copy of the permit
Type .or soplic t'{Slom! DTank OLeach OLagoon

.
K. ENVIRONMENTAL CONDITIONS
Do any or the following candlllons now .xls! of have thoy Do Not
lever eXlstod! Yes No Know NJA COMMENTS
Hazardous malerlals on tho Proporty, SUcll as rsotoacuve,
oXIc, or blohazardous materlnls, asbestos, pesticides,
1
~arblcldOS, wastewator G!udoe. radon, methene, m'fi )(
tllIiMS, $olvonl$ or patroloum products
2 Ur.dargrouM SI01MO tanks l(
::I Aboveglound slolono t/lnks 't'
4 Underground transmiSSion lines '\'
5 Pats kopl on Ihe Prooerty It
Property used as. slluatod on. or edioining a dump. land nil
6
or municipal ~olld waste laod fill
J(
7 Monilorlng welle or tesl oqulpmanl I ~
Sliding, settl!no, upheaval. movement or Instability of earth
a or expanslvo solts 01 tho Plooertv '(
9 Mine shnfls, tunnels Or ebandonad wotls on Lhe Property I ~
10
Within govornmentally
sSnllitlvQ area
Wllhin governmentally
doalgnalod

Cleslgnalacf
noological

nece
hazard

plain 01 wetland
Or
« I
11 (
area
12 DG~d, diseased ot!nfoslod Irees Or shrubs
'"
<
Environmental assessments. studies or reports done
13
Invo:vlng the physical candillon 01 the Property
Property used for any mlnll1u, gravollng, Of other natural
14 -\".
resource extraction operatlcnc $UCll as 011and ga~ we:Js
15 Inlerior of lmorovemeots of Property tobacco smoxe-rree X
16 Othor onvlronmental problems >(

COMMON INTEREST COMMUNITY ASSOCIAnON Do Not


b. PROPERTY Yes No Know NlA COMMENTS
1 Propoli)' 15 purt of a~ ownors' a •• oclaUon y
Special aasessmonts or increases In regular aascssmerus
:< I3pproved bv OWriOIS' 0,30010Uon bUI nol yet tmolemenled K
Has Iho Assor.:lalion made demond or commenced a lawsutt
galnlt a bulldar or contractor alloglng cerecuve
3 consWcUon 01 Improvemonls of tho Assoctauon Prcperty
'common araa or property owned or controlfod
~soelallon
by the
but oulslde tho 5.110(. Praporl;-j or Unil) . <
~
.
00 No!
M. OTHER DISCLOSURES:- GENERAL Y06 No Know NlA COMMENTS
1 A! .•'! part of the Pr.oporty leased 10 otlle'" (writton Of oml) x
2
Wn11en ropcns of any building, silo, roefl,,!!, sells or
OOQlneerina InvesUQ.llons or stedtos of the Property
.(
3
MY proporty insurenco
noli
claim submitted (whother
.
pllid 01
1{
4
SlnJclurel, erchltocturtll
specJr.'COUons for any cxlsllng
Property was previously
and engineering

usee! 6S
Improvemenl.
plans and/or

a methamphalamina
<
6
aboralerv and nOI remodlalod to SIO\O standards ~
6
Covernment spoclnllmprovomants app-oved, but nol yal .(
nstalled, Ihot may become a lien 8galns! tho Property

scuer and Buyer understand that the real estate brokers do not warrant or guarantee the above Information an the
Property. Property Inspection services may be purchased and are advisable. This form Is not Intended as a substitute
Ior an Inspection or the Property.

ADVISORY TO SELl.ER:

Failure to dlsctose a known material defect may result In legal liability,

SPD29-S·09. SELLER'S PROPERTY DISCLOSURE (Re.idential) Page 4 of 5

Buyer(s) Initials . . _ Se!ler(s) Initials ..::../_W--=. _


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The InformatIon contained In this Disclosure has been furnished by Seller. Who certtncs to \I1e truth thereof based on
Seller's CURReNT ACTUAL KNOWLEDGE,

.,,,,,/ lS..,.;t ~~, n.,;& Data: :r"y i«,lliIfI


Danll!1/A. Hepne , Trustee for the Bankruptcy Estate of VivIan Lee SWMtman, Case No, 07-
10810 SBB,

SeUar: Da(6: _

ADVISORY TO Buven,

1. Even thougl1 Sellcr has answered the above questlons to the best of seuer's current actual knowledge, Buyer
Should thoroughly inspect the i'rof1erty and obtain expert e sslstance to accuretetv and fully evaluate the Proporty to
conllrm the status of the folloWIng matters:

a. the physical condition


of the Property;
the presence of mold or other biological hazards;
b,
c.
tne presence of rodents, Insects and vermin Including termites;
the legai use of tile Property and legal access to the Property;
d.
e. the availability !lnd source of water, sewer, and utilities;
f. the envlronmentat and geological condition of the Property;
g. the presence of noxious weeds; and
h. any other matters that mal' affect Buyer's use and ownership of the Property that are Important to Buyer as
Buyer decides whether to purchase the Property

2, Seller states that the Information Is correct to the best of'S(!l1er's current ectuet knowledge" as of the date of this
form. The term 'current actunl \(nowledge" Is intended to limIt Seller's dtsclosur e only to (acts actually known by the
5eller and does not Include "constructive knowledge' or "common knowledge" or what Seller "should have known" about
the Property, The seller has 110 duly to Inspect the Prcperty when this Disclosure Is filled In and signed,

3. Valuable Inrormatlon may be obtained from various local/state/federal agendas, and other experts may assist
Buyer by performing more speclftc evaluations and Inspections of the Property.

4. Boundaries, location ano 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 problems.

5, Whether any item Is Included or exctuced Is determined by the contract between Buyer and Seilar 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 M Item is 'worklng" is not to be construed as a warranty of
us continued operablilty or as a representation or warranty that such item Is fit for Buyer's Intended purposes.

7. Buy~r horeby receipts for a copy ofthls Disclosure.

Buyer: Date: ~

Buyer: ~~ ~ Date: _

SPD29·5~09 SELLER'S PROPER.iY DISCLOSURE (RESIDENTIAL)


en, cContracts . 192009 cru Software Corp.

SPD29·5·09. SELLER'S PROPERTY DlSCLOSURE (Residential) Page 5 of 5

Buyor(s) Initials _ SeJier(s) Initials __w


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RE/MAX Advanced, Inc.


1018 Centre Avenue Fort Collins, CO 80526
Terry Anderson,CRS,GRI,MRE,ABR, TRC, Eco Broker,ePro,SRES and
Scott Sutherland
YOUi Home Team Advantage
Ph: 970-221'5995 Fax: 970-224-4458
he prlnt.ed portions of tills form, except differentiated additions, have been approved by the Coiorado Real
estate Commission. SF 91-5--04]
SQUARE FOOTAGE DISCLOSURE
Thls disclosure is made to Buyer and Seller pursuant to (he requirements of Colorado Real Estate Commission
and applies to improved residential real estate.
Property Address: 1232 Constitution Avenue Fori Colllns CO 80521-4414
1. Licensee Measurement
Ustlng Licensee 0 Has 183 Has Not measured the square footage of the residence according to
the fo!lowlng standard, methodology or manner:
StandardlMal!:JoclologylManner Dale Measured Souare Footage
o Exterior measurement
o FHA
DANSI
o Local standard
DOlher
2. Other Source of Measurement:
USlIng Licensee ~ 1& 0 Is Not providing Information on square footage of tile residence from another
source(s) as Indicated below:
Source or Square F()':ltaoe Information Dale Square Footage
o Prior appraisal (Date of document)

o Building plans (Date of oocurncnt)


CSI Assessor'S office (nate of document) 0710812009 2156
o Other
Measurement is for the purpose of markoting. may not be exact and is !.lQl.ror loan, valuation or other purpose,
If exact aquare footage Is a concern, the property should be Independently measured,
Buyer and Seller are advtssd to verify tills Information. Any independent measurement or Investigation should
be completed on or before the Inspection Objection Deadline of the contract.

LlsUng ~~11~...e
LIcensee: Date: 71812009
Terry Anderson, CRS,GR/,MRE,A BR, TRC, £co Broker,ePro,SR£S and Scott Sutherland
The undersigned ackno ••.
"ledge receipt of tilis dlsclosure.

Seller: lilm.J r;. ~ ~ _ Dale: _


"'(WII'j ~'t
Daniel A. Hapner, Trustee for the Bankruptcy Estate of VIvIan Lee Sweetman, Case No.
07-10810 see,
Seller: Date: _

Buyer: Date: _

Buyer: Date: _

Sf 94-5-04 SQUARE FOOTAGE DISCLOSURE CHI eCont(dcts - ©200B cnl Software Corn.
SF 94·5-04. SQUARE FOOTAGE DISCLOSURE Page I of I

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RE/MAX Advanced, Inc.


1018 Centre Avenue Fort Collins, CO 80526
Terry Anderson,CR5 GRI,tvJREtABR,TRCf Eco Broker,eProfSRES and
I

Scott Sutherland
Your Home Team Advantage
Ph: 970-221-5995 Fax: 970-224-4458
he printed portions of this rorm, except differentiated additIons, have been approved by the Colorado Real
"state Commlss!on (5WA35-8-071 (Mandatory 1-08)
2
3 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT
4 LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING.
5
SOURCE OF WATER ADDENDUM
6
TO CONTRACT TO BUY AND SELL REAL ESTATE
7
8 Date: 71812009
9
to 1. AOOENDUM TO CONTRACT TO BUY AND SEt.L REAL ESTATE. This Source of Water
11 Addendum (Addendum) is made a part of that Contract to Buy and Sell Real Estate between Seller
~2 and Buyer dated (Contract). for the purchase and sale of the Property known as No.
13 1232 Constitution Avenue Fort Collins CO 80521-4414
14
15 2. SOURC~ OF POTABLE WATER. Seller otscrcses the following information for the source of
re potable water for the Properly:
17
18 [Select and complete 1. 2 or 3 as applicable.]
19
20 0 2.1 The Property's source of water Is a Well.
21 If a well Is the source of water for the Property. a copy of the current WeJl Permit
22 ols Dls Not attached.
23
24 0 2.2 The Water Provider for Ihe Property canbe contacted at:
2S Name: Fort Collins Water
330 S. Col/ege Ave. Fort Coffins, CO
26
Address: .=,8.;:.0:::;52=-4-'-- _
27 Web Site: WW\v,fcgov.orglutllllles
26 Phone No.: 970·212-2900
29
30 0 2.3 There is neither a Well nor a Water Provider for the Property. The source of water
31 for the Property is [describe source]:
32 Not Applicable
33
34 NOTE TO BUYER: SOME WATER PROVIDERS RELY, TO VARYING DEGREES ON
35 NONRENEWABLE GROUND WATER. YOU MAY WISH TO CONTACT YOUR PROVIDER (OR
36 INVESTIGATE THE DESCRIBED SOURCE) TO DETERMINE THE LONG-TERM SUFFICIENCY OF
37 THE PROVIDER'S WATER SUPPLIES.
38
39
40 serrer;/~t. ~ Dale: M (4{ ( 2£tr
DanIel A. He er, Trustee for tile Bankruptcy Estate of Vivian Lee Sweetman, Case No.
41 07-10810 SBB,
42

43 Seller: Date:
~4
45

46 Buyer: Date:
47

48
49 Buyer: Date:
50

SWA35-8-07. SOURCE OF WATER ADDENDUM TO CONTRACT TO BUY AND SELL REAL


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