LOAN PREQUALIFICATION
Levi Sattler MORTGAGE CONSULTANT—PARTNER PHONE 970.407.8288
CELL 970.556.0757
EXCEL FINANCIAL GROUP, LLC 123 N COLLEGE AVE., SUITE 230 FORT COLLINS CO 80524
FAX 970.407.8488
[email protected]
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 accepted 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 Realtor Commitments
Excel Borrower Commitments To help you select the best loan program currently available that matches your unique situation by providing professional , timely advice and expert loan analysis. To protect your personal information and right to privacy. We will never disclose any financial or personal information to any person not directly related to the placement of your loan without your written permission. 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 be aware of and track all important contract dates. To provide you with regular updates and verifications that contract dates have been met. To give your buyer’s mortgage absolute priority and care, insuring timely processing and closing. 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 insure you are getting the best rate and fee combination currently available.
To obtaining a HUD two business days before closing and reviewing settlement statements and loan details with your buyer before closing.
To provide you with a good faith estimate based off of the most current and accurate information we have to date.
To verify wires are sent our with ample time to ensure your borrowers loan funds at 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 officer, borrower, realtor, and lender. Once a contract is accepted, the Processing Department will ensure the coordination of all title work, appraisal documentation, 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
[email protected]
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)
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THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING.
CONTRACT TO BUY AND SELL REAL ESTATE Date: July 26, 2009
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1. AGREEMENT. Buyer agrees to buy, and Seller agrees to sell, the Property defined below on the terms and conditions set forth in this contract (Contract). 2. DEFINED TERMS. 2.1. Buyer. Buyer, Robert N Mannan and Holly H Mannan, will take Tenants In Common title to the real property described below as X Joint Tenants Other N/A. 2.2. Property. The Property is the following legally described real estate in the County of Larimer , Colorado: Lot 3, Block 10 Fairview West 6th Filing, Ftc(roo83895)Vivian Lee Sweetman, Case No. 07-10810 SBB known as No.
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1232 Constitution Ave Street Address
Fort Collins City
CO State
80521 Zip
together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto, and all interest of Seller in vacated streets and alleys adjacent thereto, except as herein excluded. 2.3. Dates and Deadlines. Item No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
Reference § 4.2.1 § 5.1 § 5.2 § 5.3 § 5.3 § 5.4 § 5.4 § 5.4 § 6.2.2 § 6.2.2 § 7.1 § 7.2 § 7.3 § 7.4.4.1 § 7.4.5 § 8.1 § 8.2 § 8.2 § 8.3.2 § 8.6 § 10.1
Event Alternative Earnest Money Deadline Loan Application Deadline Loan Conditions Deadline Buyer’s Credit Information Deadline Disapproval of Buyer’s Credit Information Deadline Existing Loan Documents Deadline Existing Loan Documents Objection Deadline Loan Transfer Approval Deadline Appraisal Deadline Appraisal Objection Deadline Title Deadline Document Request Deadline Survey Deadline CIC Documents Deadline CIC Documents Objection Deadline Title Objection Deadline Off-Record Matters Deadline Off-Record Matters Objection Deadline Survey Objection Deadline Right of First Refusal Deadline Seller’s Property Disclosure Deadline
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Date or Deadline N/A N/A August 21, 2009 N/A N/A N/A N/A N/A August 10, 2009 August 12, 2009 August 7, 2009 August 7, 2009 N/A N/A N/A N/A August 10, 2009 August 13, 2009 N/A N/A seller disclosure provided
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§ 10.2 § 10.3 § 10.5 § 12 § 17 § 17 § 32 § 32 N/A N/A
Inspection Objection Deadline Inspection Resolution Deadline Property Insurance Objection Deadline Closing Date Possession Date Possession Time Acceptance Deadline Date Acceptance Deadline Time N/A N/A
August 3, 2009 August 5, 2009 August 14, 2009 August 26, 2009 delivery of deed delivery of deed July 31, 2009 5pm N/A N/A
2.4. Applicability of Terms. A check or similar mark in a box means that such provision is applicable. The abbreviation “N/A” or the word “Deleted” means not applicable and when inserted on any line in Dates and Deadlines (§ 2.3), means that the corresponding provision of the Contract to which reference is made is deleted. The abbreviation “MEC” (mutual execution of this Contract) means the date upon which both parties have signed this Contract. 2.5. Day; Computation of Period of Days, Deadline. 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 Mountain Time (Standard or Daylight Savings as applicable). 2.5.2 Computation of Period of Days, Deadline. In computing a period of days, when the ending date is not specified, the first day is excluded and the last day is included, e.g. three days after MEC. If any deadline falls on Shall X Shall Not be extended to the a Saturday, Sunday or federal or Colorado state holiday (Holiday), such deadline next day that is not a Saturday, Sunday or Holiday. Should neither box be checked, the deadline shall not be extended. 3.
INCLUSIONS AND EXCLUSIONS. 3.1. Inclusions. The Purchase Price includes the following items (Inclusions): 3.1.1. Fixtures. If attached to the Property on the date of this Contract, lighting, heating, plumbing, ventilating, and air conditioning fixtures, TV antennas, inside telephone, network and coaxial (cable) wiring and connecting blocks/jacks, plants, mirrors, floor coverings, intercom systems, built-in kitchen appliances, sprinkler systems and controls, built-in vacuum systems (including accessories) ,garage door openers including N/A remote controls; and Electric range/oven, Clothes Washer, Clothes Dryer 3.1.2. Personal Property. The following are included if on the Property whether attached or not on the date of this Contract: storm windows, storm doors, window and porch shades, awnings, blinds, screens, window coverings, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves, storage sheds, and all keys. If checked, the following are included: Water Softeners X Smoke/Fire Detectors Security Systems Satellite Systems (including satellite dishes). 3.1.3. Other Inclusions. N/A The Personal Property to be conveyed at Closing shall be conveyed by Seller free and clear of all taxes (except personal property taxes for the year of Closing), liens and encumbrances, except N/A. Conveyance shall be by bill of sale or other applicable legal instrument. 3.1.4. Trade Fixtures. With respect to trade fixtures, Seller and Buyer agree as follows: N/A The Trade Fixtures to be conveyed at Closing shall be conveyed by Seller free and clear of all taxes (except personal property taxes for the year of Closing), liens and encumbrances, except N/A. Conveyance shall be by bill of sale or other applicable legal instrument. 3.1.5. Parking and Storage Facilities. Use Only Ownership of the following parking facilities: Use Only Ownership of the following storage facilities: N/A; and N/A. 3.1.6. Water Rights, Water Interests, Water and Sewer Taps. The following legally described water rights: N/A Any water rights shall be conveyed by N/A Deed Other applicable legal instrument. 3.1.6.1. If any water well is to be transferred to Buyer, Seller agrees to supply required information about such well to Buyer. Buyer understands that if the well to be transferred is a Small Capacity Well or a Domestic Exempt Water Well used for ordinary household purposes, Buyer shall, prior to or at Closing, complete a Change in Ownership
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form for the well. If an existing well has not been registered with the Colorado Division of Water Resources in the Department of Natural Resources (Division), Buyer shall complete a registration of existing well form for the well and pay the cost of registration. If no person will be providing a closing service in connection with the transaction, Buyer shall file the form with the Division within sixty days after Closing. The Well Permit # is N/A . Water Stock Certificates: 3.1.6.2. N/A
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Water Tap Sewer Tap 3.1.6.3. N/A Note: Buyer is advised to obtain, from the provider, written confirmation of the amount remaining to be paid, if any, time and other restrictions for transfer and use of the tap. 3.1.7.
3.2.
Exclusions. The following items are excluded: N/A.
PURCHASE PRICE AND TERMS. 4.1. Price and Terms. The Purchase Price set forth below shall be payable in U.S. Dollars by Buyer as follows: Item No. 1 2 3 4 5 6 7 8 9
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Growing Crops. With respect to growing crops, Seller and Buyer agree as follows:
N/A
Reference § 4.1 § 4.2 § 4.5 § 4.6 § 4.7 N/A N/A § 4.3
Item Purchase Price Earnest Money New Loan Assumption Balance Seller or Private Financing N/A N/A Cash at Closing TOTAL
Amount $ 160,000
Amount $
N/A N/A $
160,000
$
2,000 147,000 N/A N/A N/A N/A 11,000 160,000
4.2. Earnest Money. The Earnest Money set forth in this section, in the form of Check , is part payment of the Purchase Price and shall be payable to and held by Remax Advanced, Inc. (Earnest Money Holder), in its trust account, on behalf of both Seller and Buyer. The Earnest Money deposit shall be tendered with this Contract unless the parties mutually agree to an Alternative Earnest Money Deadline (§ 2.3) for its payment. If Earnest Money Holder is other than the Brokerage Firm identified in § 34 or § 35 below, Closing Instructions signed by Buyer, Seller and Earnest Money Holder must be obtained on or before delivery of Earnest Money to Earnest Money Holder. The parties authorize delivery of the Earnest Money deposit to the company conducting the Closing (Closing Company), if any, at or before Closing. In the event Earnest Money Holder has agreed to have interest on Earnest Money deposits transferred to a fund established for the purpose of providing affordable housing to Colorado residents, Seller and Buyer acknowledge and agree that any interest accruing on the Earnest Money deposited with the Earnest Money Holder in this transaction shall be transferred to such fund. 4.2.1. Alternative Earnest Money Deadline. The deadline for delivering the Earnest Money, if other than at the time of tender of the Contract is as set forth as the Alternative Earnest Money Deadline (§ 2.3). 4.3. Form of Funds; Time of Payment; Funds Available. All amounts payable by the parties at Closing, including any loan proceeds, Cash at Closing and closing costs, shall be in funds that comply with all applicable Colorado laws, including electronic transfer funds, certified check, savings and loan teller’s check and cashier’s check (Good Funds). All funds required to be paid at Closing shall be timely paid to allow disbursement by Closing Company at Closing OR SUCH PARTY SHALL BE IN DEFAULT. Buyer represents that Buyer, as of the date of this Contract, X Does Does Not have funds that are immediately verifiable and available in an amount not less than the amount stated as Cash at Closing in § 4.1. 4.4. Seller Concession. Seller, at Closing, shall pay or credit, as directed by Buyer, a total amount of $ none to assist with Buyer’s closing costs, loan discount points, loan origination fees, prepaid items (including any amounts that Seller agrees to pay because Buyer is not allowed to pay due to FHA, CHFA, VA, etc.) and any other fee, cost, charge, expense or expenditure related to Buyer’s New Loan or other allowable Seller concession (collectively, Seller 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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Contract. If the amount of Seller Concession exceeds the aggregate of what is allowed, Seller shall not pay or be charged such excess amount. 4.5. New Loan. 4.5.1. Buyer to Pay Loan Costs. Buyer, except as provided in § 4.4, if applicable, shall timely pay Buyer’s loan costs, loan discount points, prepaid items and loan origination fees, as required by lender. 4.5.2. Buyer May Select Financing. Buyer may select financing appropriate and acceptable to Buyer, including a different loan than initially sought, except as restricted in § 4.5.3 or § 26, Additional Provisions. 4.5.3. Loan Limitations. Buyer may purchase the Property using any of the following types of loan: X Conventional FHA VA Bond Other N/A . 4.5.4. Good Faith Estimate – Monthly Payment and Loan Costs. Buyer is advised to review the terms, conditions and costs of Buyer’s New Loan carefully. If Buyer is applying for a residential loan, the lender generally must provide Buyer with a good faith estimate of Buyer’s closing costs within three days after Buyer completes a loan application. Buyer should also obtain an estimate of the amount of Buyer’s monthly mortgage payment. If the New Loan is unsatisfactory to Buyer, then Buyer may terminate this Contract pursuant to § 5.2 no later than Loan Conditions Deadline (§ 2.3). 4.6. Assumption. OMITTED AS INAPPLICABLE. 4.7.
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Seller or Private Financing. OMITTED AS INAPPLICABLE.
5.
FINANCING CONDITIONS AND OBLIGATIONS. 5.1. Loan Application. If Buyer is to pay all or part of the Purchase Price by obtaining one or more new loans (New Loan), or if an existing loan is not to be released at Closing, Buyer, if required by such lender, shall make a verifiable application by Loan Application Deadline (§ 2.3). 5.2. Loan Conditions. If Buyer is to pay all or part of the Purchase Price with a New Loan, this Contract is conditional upon Buyer determining, in Buyer’s subjective discretion, whether the New Loan is satisfactory to Buyer, including its availability, payments, interest rate, terms, conditions and cost of such New Loan. This condition is for the benefit of Buyer. If such New Loan is not satisfactory to Buyer, Seller must receive written notice to terminate from Buyer, no later than Loan Conditions Deadline (§ 2.3), at which time this Contract shall terminate. IF SELLER DOES NOT TIMELY RECEIVE WRITTEN NOTICE TO TERMINATE, THIS CONDITION SHALL BE DEEMED WAIVED, AND BUYER’S EARNEST MONEY SHALL BE NONREFUNDABLE, EXCEPT AS OTHERWISE PROVIDED IN THIS CONTRACT (e.g., Appraisal, Title, Survey). 5.3. Credit Information and Buyer’s New Senior Loan. If Buyer is to pay all or part of the Purchase Price by executing a promissory note in favor of Seller, or if an existing loan is not to be released at Closing, this Contract is conditional (for the benefit of Seller) upon Seller’s approval of Buyer’s financial ability and creditworthiness, which approval shall be at Seller’s subjective discretion. In such case: (1) Buyer shall supply to Seller by Buyer’s Credit Information Deadline (§ 2.3), at Buyer’s expense, information and documents (including a current credit report) concerning Buyer’s financial, employment and credit condition and Buyer’s New Senior Loan, defined below, if any; (2) Buyer consents that Seller may verify Buyer’s financial ability and creditworthiness; (3) any such information and documents received by Seller shall be held by Seller in confidence, and not released to others except to protect Seller’s interest in this transaction; (4) in the event Buyer is to execute a promissory note secured by a deed of trust in favor of Seller, this Contract is conditional (for the benefit 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 Seller is to be subordinate to Buyer’s New Loan (Buyer’s New Senior Loan). Additionally, Seller shall have the right to 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 Senior Loan changes from that approved by Seller; and (5) if Seller does not deliver written notice to Buyer of Seller’s disapproval of Buyer’s financial ability and creditworthiness or of Buyer’s New Senior Loan by Disapproval of Buyer’s Credit Information Deadline (§ 2.3), then Seller waives the conditions set forth in this section as to Buyer’s New Senior Loan as supplied to Seller. If Seller delivers written notice of disapproval to Buyer on or before said date, this Contract shall terminate. 5.4. Existing Loan Review. If an existing loan is not to be released at Closing, Seller shall deliver copies of the loan documents (including note, deed of trust, and any modifications) to Buyer by Existing Loan Documents Deadline (§ 2.3). For the benefit of Buyer, this Contract is conditional upon Buyer’s review and approval of the provisions of such loan documents. If written notice of objection to such loan documents, signed by Buyer, is not received by Seller by Existing Loan Documents Objection Deadline (§ 2.3), Buyer accepts the terms and conditions of the documents. If the lender’s approval of a transfer of the Property is required, this Contract is conditional upon Buyer’s obtaining such approval without change in the terms of such loan, except as set forth in § 4.6. If lender’s approval is not obtained by Loan Transfer Approval Deadline (§ 2.3), this Contract shall terminate on such deadline. If Seller is to be released from liability under such existing loan and Buyer does not obtain such compliance as set forth in § 4.6, this Contract may be terminated at Seller’s option.
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6.
APPRAISAL PROVISIONS. 6.1. Property Approval. If the lender imposes any requirements or repairs (Requirements) to be made to the Property (e.g., roof repair, repainting), beyond those matters already agreed to by Seller in this Contract, Seller may terminate this Contract (notwithstanding § 10 of this Contract) by written notice to Buyer on or before three days following Seller’s receipt of the Requirements. Seller’s right to terminate in this § 6.1 shall not apply if on or before any termination by Seller pursuant to this § 6.1: (1) the parties enter into a written agreement regarding the Requirements; or (2) the Requirements are completed by Seller; or (3) the satisfaction of the Requirements is waived in writing by Buyer. 6.2. Appraisal Condition. 6.2.1. Not Applicable. This § 6.2 shall not apply. X 6.2.2. Conventional/Other. Buyer shall have the sole option and election to terminate this Contract if the Purchase Price exceeds the Property’s valuation determined by an appraiser engaged by buyer . The appraisal shall be received by Buyer or Buyer’s lender on or before Appraisal Deadline (§ 2.3). This Contract shall terminate by Buyer delivering to Seller written notice of termination and either a copy of such appraisal or written notice from lender that confirms the Property’s valuation is less than the Purchase Price, received by Seller on or before Appraisal Objection Deadline (§ 2.3). If Seller does not receive such written notice of termination on or before Appraisal Objection Deadline (§ 2.3), Buyer waives any right to terminate under this section. 6.2.3. FHA. It is expressly agreed that, notwithstanding any other provisions of this Contract, the Purchaser (Buyer) shall not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfeiture of Earnest Money deposits or otherwise unless the Purchaser (Buyer) has been given in accordance with HUD/FHA or VA requirements a written statement issued by the Federal Housing Commissioner, Department of Veterans Affairs, or a Direct Endorsement lender, setting forth the appraised value of the Property of not less than $ N/A . The Purchaser (Buyer) shall have the privilege and option of proceeding with the consummation of the Contract without regard to the amount of the appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and Urban Development will insure. HUD does not warrant the value nor the condition of the Property. The Purchaser (Buyer) should satisfy himself/herself that the price and condition of the Property are acceptable. 6.2.4. VA. It is expressly agreed that, notwithstanding any other provisions of this Contract, the purchaser (Buyer) shall not incur any penalty by forfeiture of Earnest Money or otherwise or be obligated to complete the purchase of the Property described herein, if the Contract Purchase Price or cost exceeds the reasonable value of the Property established by the Department of Veterans Affairs. The purchaser (Buyer) shall, however, have the privilege and option of proceeding with the consummation of this Contract without regard to the amount of the reasonable value established by the Department of Veterans Affairs. 6.3. Cost of Appraisal. Cost of any appraisal to be obtained after the date of this Contract shall be timely paid by X Buyer Seller.
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7.
EVIDENCE OF TITLE, SURVEY AND CIC DOCUMENTS. 7.1. Evidence of Title. On or before Title Deadline (§ 2.3), Seller shall cause to be furnished to Buyer, at Seller’s expense, a current commitment for owner’s title insurance policy (Title Commitment) in an amount equal to the Purchase Price, or if this box is checked, An Abstract of title certified to a current date. If title insurance is furnished, Seller shall also deliver to Buyer copies of any abstracts of title covering all or any portion of the Property (Abstract) in Seller’s possession. At Seller’s expense, Seller shall cause the title insurance policy to be issued and delivered to Buyer as soon as practicable at or after Closing. The title insurance commitment X Shall Shall Not commit to delete or insure over the standard exceptions which relate to: (1) parties in possession, (2) unrecorded easements, (3) survey matters, (4) any unrecorded mechanics’ liens, (5) gap period (effective date of commitment to date deed is recorded), and (6) unpaid taxes, assessments and unredeemed tax sales prior to the year of Closing. Any additional premium expense to obtain this additional Buyer X Seller. coverage shall be paid by Note: The title insurance company may not agree to delete or insure over any or all of the standard exceptions. Buyer shall have the right to review the Title Commitment. If the Title Commitment or its provisions are not satisfactory to Buyer, Buyer may exercise Buyer’s rights pursuant to § 8.1. 7.2. Copies of Exceptions. On or before Title Deadline (§ 2.3), Seller, at Seller’s expense, shall furnish to Buyer and N/A , (1) copies of any plats, declarations, covenants, conditions and restrictions burdening the Property, and (2) if a Title Commitment is required to be furnished, and if this box is checked X Copies of any Other Documents (or, if illegible, summaries of such documents) listed in the schedule of exceptions (Exceptions). Even if the box is not checked, Seller shall have the obligation to furnish these documents pursuant to this section if requested by Buyer any time on or before Document Request Deadline (§ 2.3). This requirement shall pertain only to documents as shown of record in the office of the clerk and recorder in the county where the Property is located. The abstract or Title Commitment, together with any copies or summaries of such documents furnished pursuant to this section, constitute the title documents (Title Documents).
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7.3. Survey. On or before Survey Deadline (§ 2.3), Seller X Buyer shall order or provide, and cause Buyer (and Improvement the issuer of the Title Commitment or the provider of the opinion of title if an abstract) to receive, a current Survey Plat X Improvement Location Certificate ILC if required by Title Company (the description checked is known as Buyer Seller. If the cost exceeds Survey). An amount not to exceed $ N/A for Survey shall be paid by this amount, Buyer Seller shall pay the excess on or before Closing. Buyer shall not be obligated to pay the excess unless Buyer is informed of the cost and delivers to Seller, before Survey is ordered, Buyer’s written agreement to pay the required amount to be paid by Buyer. 7.4. Common Interest Community Documents. The term CIC Documents consists of all owners’ associations (Association) declarations, bylaws, operating agreements, rules and regulations, party wall agreements, minutes of most recent annual owners’ meeting and minutes of any directors’ or managers’ meetings during the six-month period immediately preceding the date of this Contract, if any (Governing Documents), most recent financial documents consisting of (1) annual balance sheet, (2) annual income and expenditures statement, and (3) annual budget (Financial Documents), if any (collectively CIC Documents). X 7.4.1. Not Applicable. This § 7.4 shall not apply. 7.4.2. Common Interest Community Disclosure. THE PROPERTY IS LOCATED WITHIN A COMMON INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR SUCH COMMUNITY. THE OWNER OF THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNER’S ASSOCIATION FOR THE COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. THE DECLARATION, BYLAWS, AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL OBLIGATIONS UPON THE OWNER OF THE PROPERTY, INCLUDING AN OBLIGATION TO PAY ASSESSMENTS OF THE ASSOCIATION. IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, THE ASSOCIATION COULD PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT. THE DECLARATION, BYLAWS, AND RULES AND REGULATIONS OF THE COMMUNITY MAY PROHIBIT THE OWNER FROM MAKING CHANGES TO THE PROPERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE ASSOCIATION (OR A COMMITTEE OF THE ASSOCIATION) AND THE APPROVAL OF THE ASSOCIATION. PURCHASERS OF PROPERTY WITHIN THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE THE FINANCIAL OBLIGATIONS OF MEMBERS OF THE ASSOCIATION. PURCHASERS SHOULD CAREFULLY READ THE DECLARATION FOR THE COMMUNITY AND THE BYLAWS AND RULES AND REGULATIONS OF THE ASSOCIATION. 7.4.3. Not Conditional on Review. Buyer acknowledges that Buyer has received a copy of the CIC Documents. Buyer has reviewed them, agrees to accept the benefits, obligations and restrictions that they impose upon the Property and its owners and waives any right to terminate this Contract due to such documents, notwithstanding the provisions of § 8.5. 7.4.4. CIC Documents to Buyer. 7.4.4.1. Seller to Provide CIC Documents. Seller shall cause the CIC Documents to be provided to Buyer, at Seller’s expense, on or before CIC Documents Deadline (§ 2.3). 7.4.4.2. Seller Authorizes Association. Seller authorizes the Association to provide the CIC Documents to Buyer, at Seller’s expense. 7.4.4.3. Seller’s Obligation. Seller’s obligation to provide the CIC Documents shall be fulfilled upon Buyer’s receipt of the CIC Documents, regardless of who provides such documents. 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 § 7.4.5 shall apply. Written notice of any unsatisfactory provision in any of the CIC Documents, in Buyer’s subjective discretion, signed by Buyer, or on behalf of Buyer, and delivered to Seller on or before CIC Documents Objection Deadline (§ 2.3), shall terminate this Contract. Should Buyer receive the CIC Documents after CIC Documents Deadline (§ 2.3), Buyer shall have the right, at Buyer’s option, to terminate this Contract by written notice delivered to Seller on or before ten days after Buyer’s receipt of the CIC Documents. If Buyer does not receive the CIC Documents, or if such written notice to terminate would otherwise be required to be delivered after Closing Date (§ 2.3), Buyer’s written notice to terminate shall be received by Seller on or before three days prior to Closing Date (§ 2.3). If Seller does not receive written notice from Buyer within such time, Buyer accepts the provisions of the CIC Documents, and Buyer’s right to terminate this Contract pursuant to this section is waived, notwithstanding the provisions of § 8.5. NOTE: If no box in this § 7.4 is checked, the provisions of § 7.4.4.1 shall apply. 8.
TITLE AND SURVEY REVIEW. 8.1. Title Review. Buyer shall have the right to inspect the Title Documents. Buyer shall provide written notice of unmerchantability of title, unsatisfactory form or content of Title Commitment, or, notwithstanding § 13, of any other unsatisfactory title condition shown by the Title Documents (Notice of Title Objection). Such notice shall be signed by or on behalf of Buyer and delivered to Seller on or before Title Objection Deadline (§ 2.3), provided such Title Documents are received by Buyer in
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a timely manner. If there is an endorsement to the Title Commitment that adds a new Exception to title, a copy of the new Exception to title and the modified Title Commitment shall be delivered to Buyer. Provided however, Buyer shall have five days to deliver the Notice of Title Objection after receipt by Buyer of the following documents: (1) any required Title Document not timely received by Buyer, (2) any change to the Title Documents, or (3) endorsement to the Title Commitment. If Seller does not receive Buyer’s Notice of Title Objection by the applicable deadline specified above, Buyer accepts the condition of title as disclosed by the Title Documents as satisfactory. 8.2. Matters Not Shown by the Public Records. Seller shall deliver to Buyer, on or before Off-Record Matters Deadline (§ 2.3) true copies of all leases and surveys in Seller’s possession pertaining to the Property and shall disclose to Buyer all easements, liens (including, without limitation, governmental improvements approved, but not yet installed) or other title matters (including, without limitation, rights of first refusal and options) not shown by the public records of which Seller has actual knowledge. Buyer shall have the right to inspect the Property to investigate if any third party has any right in the Property not shown by the public records (such as an unrecorded easement, unrecorded lease, boundary line discrepancy or water rights). Written notice of any unsatisfactory condition disclosed by Seller or revealed by such inspection, notwithstanding § 13, shall be signed by or on behalf of Buyer and delivered to Seller on or before Off-Record Matters Objection Deadline (§ 2.3). If Seller does not receive Buyer’s notice by said deadline, Buyer accepts title subject to such rights, if any, of third parties of which Buyer has actual knowledge. 8.3. Survey Review. X 8.3.1. Not Applicable. This § 8.3 shall not apply. 8.3.2. Conditional on Survey. If the box in this § 8.3.2 is checked, Buyer shall have the right to inspect the Survey. If written notice by or on behalf of Buyer of any unsatisfactory condition shown by Survey, notwithstanding § 8.2 or § 13, is received by Seller on or before Survey Objection Deadline (§ 2.3) then such objection shall be deemed an unsatisfactory title condition. If Seller does not receive Buyer’s notice by Survey Objection Deadline (§ 2.3), Buyer accepts the Survey as satisfactory. 8.4. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYERS SHOULD INVESTIGATE THE SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE COUNTY TREASURER, BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY, AND BY OBTAINING FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR.
In the event the Property is located within a special taxing district and Buyer desires to terminate this Contract as a result, if written notice, by or on behalf of Buyer, is received by Seller on or before Off-Record Matters Objection Deadline (§ 2.3), this Contract shall terminate. If Seller does not receive Buyer’s notice by such deadline, Buyer accepts the effect of the Property’s inclusion in such special taxing district and waives the right to terminate for that reason. 8.5. Right to Object, Cure. Buyer’s right to object shall include, but not be limited to, those matters set forth in §§ 8 and 13. If Seller receives notice of unmerchantability of title or any other unsatisfactory title condition or commitment terms as provided in §§ 8.1, 8.2, and 8.3, Seller shall use reasonable efforts to correct said items and bear any nominal expense to correct the same prior to Closing. If such unsatisfactory title condition is not corrected to Buyer’s satisfaction on or before Closing, this Contract shall terminate; provided, however, Buyer may, by written notice received by Seller on or before Closing, waive objection to such items. 8.6. Right of First Refusal or Contract Approval. If there is a right of first refusal on the Property, or a right to approve this Contract, Seller shall promptly submit this Contract according to the terms and conditions of such right. If the holder of the right of first refusal exercises such right or the holder of a right to approve disapproves this Contract, this Contract shall terminate. If the right of first refusal is waived explicitly or expires, or the Contract is approved, this Contract shall remain in full force and effect. Seller shall promptly notify Buyer of the foregoing. If expiration or waiver of the right of first refusal or Contract approval has not occurred on or before the Right of First Refusal Deadline (§ 2.3), this Contract shall terminate. 8.7. Title Advisory. The Title Documents affect the title, ownership and use of the Property and should be reviewed carefully. Additionally, other matters not reflected in the Title Documents may affect the title, ownership and use of the Property, including without limitation, boundary lines and encroachments, area, zoning, unrecorded easements and claims of easements, leases and other unrecorded agreements, and various laws and governmental regulations concerning land use, development and environmental matters. The surface estate may be owned separately from the underlying mineral estate, and transfer of the surface estate does not necessarily include transfer of the mineral rights or water rights. Third parties may hold interests in oil, gas, other minerals, geothermal energy or water on or under the Property,
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which interests may give them rights to enter and use the Property. Such matters may be excluded from or not covered by the title insurance policy. Buyer is advised to timely consult legal counsel with respect to all such matters as there are strict time limits provided in this Contract [e.g., Title Objection Deadline (§ 2.3) and Off-Record Matters Objection Deadline (§ 2.3)].
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9. LEAD-BASED PAINT. Unless exempt, if the improvements on the Property include one or more residential dwellings for which a building permit was issued prior to January 1, 1978, this Contract shall be void unless (1) a completed Lead-Based Paint Disclosure (Sales) form is signed by Seller, the required real estate licensees and Buyer, and (2) Seller receives the completed and fully executed form prior to the time when the Contract is signed by all parties. Buyer acknowledges timely receipt of a completed Lead-Based Paint Disclosure (Sales) form signed by Seller and the real estate licensees.
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10.
PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY, BUYER DISCLOSURE AND SOURCE OF WATER. 10.1. Seller’s Property Disclosure Deadline. On or before Seller’s Property Disclosure Deadline (§ 2.3), Seller agrees to deliver to Buyer the most current version of the applicable Colorado Real Estate Commission’s Seller’s Property Disclosure form completed by Seller to the best of Seller’s actual knowledge, current as of the date of this Contract. 10.2. Inspection Objection Deadline. Buyer shall have the right to have inspections of the physical condition of both the Property and Inclusions, at Buyer’s expense. If (1) the physical condition of the Property, (2) the physical condition of the Inclusions, (3) any proposed or existing transportation project, road, street or highway, or (4) any other activity, odor or noise (whether on or off the Property) and its effect or expected effect on the Property or its occupants is unsatisfactory in Buyer’s subjective discretion, Buyer shall, on or before Inspection Objection Deadline (§ 2.3): 10.2.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated, or 10.2.2 Notice to Correct. Deliver to Seller a written description of any unsatisfactory physical condition which Buyer requires Seller to correct. If written notice is not received by Seller on or before Inspection Objection Deadline (§ 2.3), the physical condition of the Property and Inclusions shall be deemed to be satisfactory to Buyer. 10.3. Inspection Resolution Deadline. If a Notice to Correct is received by Seller and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Inspection Resolution Deadline (§ 2.3), this Contract shall terminate one day following Inspection Resolution Deadline (§ 2.3), unless before such termination Seller receives Buyer’s written withdrawal of the Notice to Correct. 10.4. Damage, Liens and Indemnity. Buyer, except as otherwise provided in this Contract, is responsible for payment for all inspections, tests, surveys, engineering reports, or any other work performed at Buyer’s request (Work) and shall pay for any damage that occurs to the Property and Inclusions as a result of such Work. Buyer shall not permit claims or liens of any kind against the Property for Work performed on the Property at Buyer’s request. Buyer agrees to indemnify, protect and hold Seller harmless from and against any liability, damage, cost or expense incurred by Seller and caused by any such Work, claim, or lien. This indemnity includes Seller’s right to recover all costs and expenses incurred by Seller to defend against any such liability, damage, cost or expense, or to enforce this section, including Seller’s reasonable attorney and legal fees. The provisions of this section shall survive the termination of this Contract. 10.5. Insurability. This Contract is conditional upon Buyer’s satisfaction, in Buyer’s subjective discretion, with the availability, terms and conditions of and premium for property insurance. This Contract shall terminate upon Seller’s receipt, on or before Property Insurance Objection Deadline (§ 2.3), of Buyer’s written notice that such insurance was not satisfactory to Buyer. If said notice is not timely received, Buyer shall have waived any right to terminate under this provision. Does X Does Not need to sell and close a property to complete 10.6. Buyer Disclosure. Buyer represents that Buyer this transaction. Note: Any property sale contingency should appear in Additional Provisions (§ 26). 10.7. Source of Potable Water (Residential Land and Residential Improvements Only). Buyer X Does Does Not acknowledge receipt of a copy of Seller’s Property Disclosure or Source of Water Addendum disclosing the source of potable water for the Property. Buyer Does Does Not acknowledge receipt of a copy of the current well permit. X There is No Well. Note to Buyer: SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUND WATER. YOU MAY WISH TO CONTACT YOUR PROVIDER (OR INVESTIGATE THE DESCRIBED SOURCE) TO DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER’S WATER SUPPLIES. 10.8. Carbon Monoxide Alarms. Note: If the improvements on the Property has a fuel-fired heater or appliance, a fireplace, or an attached garage and include one or more rooms lawfully used for sleeping purposes (Bedroom), the parties acknowledge that Colorado law requires that Seller assure the Property has an operational carbon monoxide alarm installed within fifteen feet of the entrance to each Bedroom or in a location as required by the applicable building code.
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11. METHAMPHETAMINE DISCLOSURE (Residential Property Only). If the Property is residential, and Seller knows that methamphetamine was ever manufactured, processed, cooked, disposed of, used or stored at the Property, Seller is required to disclose such fact. No disclosure is required if the Property was remediated in accordance with state standards and other requirements are fulfilled pursuant to § 25-18.5-102, C.R.S. Buyer further acknowledges that Buyer has the right to engage a certified hygienist or industrial hygienist to test whether the Property has ever been used as a methamphetamine laboratory. If Buyer’s test results indicate that the Property has been contaminated with methamphetamine, but has not been remediated to meet the standards established by rules of the State Board of Health promulgated pursuant to § 25-18.5-102, C.R.S., Buyer shall promptly give written notice to Seller of the results of the test, and Buyer may terminate this Contract, notwithstanding any other provision of this Contract.
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12. CLOSING. Delivery of deed from Seller to Buyer shall be at closing (Closing). Closing shall be on the date specified 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 mutual agreement .
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13. TRANSFER OF TITLE. Subject to tender or payment at Closing as required herein and compliance by Buyer with the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient General Warranty deed to Buyer, at Closing, conveying the Property free and clear of all taxes except the general taxes for the year of Closing. Except as provided herein, title shall be conveyed free and clear of all liens, including any governmental liens for special improvements installed as of the date of Buyer’s signature hereon, whether assessed or not. Title shall be conveyed subject to: 13.1. those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with Title Review (§ 8.1), 13.2. distribution utility easements (including cable TV), 13.3. those specifically described rights of third parties not shown by the public records of which Buyer has actual knowledge and which were accepted by Buyer in accordance with Matters Not Shown by the Public Records (§ 8.2) and Survey Review (§ 8.3), 13.4. inclusion of the Property within any special taxing district, and 13.5. other N/A .
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14. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before Closing from the proceeds of this transaction or from any other source.
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15.
CLOSING COSTS, DOCUMENTS AND SERVICES. 15.1. Good Funds. Buyer and Seller shall pay, in Good Funds, their respective closing costs and all other items required to be paid at Closing, except as otherwise provided herein. 15.2. Closing Information and Documents. Buyer and Seller will furnish any additional information and documents required by Closing Company that will be necessary to complete this transaction. Buyer and Seller shall sign and complete all customary or reasonably required documents at or before Closing. Buyer Seller 15.3. Closing Services Fee. The fee for real estate closing services shall be paid at Closing by X One-Half by Buyer and One-Half by Seller Other N/A . 15.4. Closing Instructions. Buyer and Seller agree to execute the Colorado Real Estate Commission’s Closing Instructions. Such Closing Instructions X Are Are Not executed with this Contract. Upon execution, Seller X Buyer shall deliver such Closing Instructions to the Closing Company. 15.5. Status Letter and Transfer Fees. Any fees incident to the issuance of Association’s statement of assessments (Status Letter) shall be paid by Buyer Seller One-Half by Buyer and One-Half by Seller. Any transfer fees assessed by the Association (Association’s Transfer Fee) shall be paid by Buyer Seller One-Half by Buyer and One-Half by Seller. 15.6. Local Transfer Tax. The Local Transfer Tax of N/A % of the Purchase Price shall be paid at Closing by Buyer Seller One-Half by Buyer and One-Half by Seller. 15.7. Sales and Use Tax. Any sales and use tax that may accrue because of this transaction shall be paid when due by Buyer Seller One-Half by Buyer and One-Half by Seller.
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16.
PRORATIONS. The following shall be prorated to Closing Date (§ 2.3), except as otherwise provided: 16.1. Taxes. Personal property taxes, if any, and general real estate taxes for the year of Closing, based on Taxes for the Calendar Year Immediately Preceding Closing X Most Recent Mill Levy and Most Recent Assessed Valuation, adjusted by any applicable qualifying seniors property tax exemption, or Other N/A. 16.2. Rents. Rents based on Rents Actually Received Accrued. At Closing, Seller shall transfer or credit to Buyer the security deposits for all leases assigned, or any remainder after lawful deductions, and notify all tenants
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in writing of such transfer and of the transferee’s name and address. Seller shall assign to Buyer all leases in effect at Closing and Buyer shall assume such leases. 16.3. Association Assessments. Current regular Association assessments and dues (Association Assessments) paid in advance shall be credited to Seller at Closing. Cash reserves held out of the regular Association Assessments for deferred maintenance by the Association shall not be credited to Seller except as may be otherwise provided by the Governing Documents. Any special assessment by the Association for improvements that have been installed as of the date of Buyer’s signature hereon shall be the obligation of Seller. Any other special assessment assessed prior to Closing Date (§ 2.3) by the Buyer Seller. Seller represents that the Association Assessments are currently Association shall be the obligation of payable at $ N/A per N/A and that there are no unpaid regular or special assessments against the Property except the current regular assessments and N/A. Such assessments are subject to change as provided in the Governing Documents. Seller agrees to promptly request the Association to deliver to Buyer before Closing Date (§ 2.3) a current Status Letter. 16.4. Other Prorations. Water and sewer charges, interest on continuing loan, and N/A. 16.5. Final Settlement. Unless otherwise agreed in writing, these prorations shall be final.
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17. POSSESSION. Possession of the Property shall be delivered to Buyer on Possession Date at Possession Time (§ 2.3), subject to the following leases or tenancies: N/A If Seller, after Closing, fails to deliver possession as specified, Seller shall be subject to eviction and shall be additionally liable to Buyer for payment of $ N/A per day (or any part of a day notwithstanding § 2.5.1) from Possession Date and Possession Time (§ 2.3) until possession is delivered. Does Not represent that Buyer will occupy the Property as Buyer’s principal residence. Buyer X Does
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Shall X Shall Not be assignable by Buyer without 18. ASSIGNABILITY AND INUREMENT. This Contract Seller’s prior written consent. Except as so restricted, this Contract shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties.
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19. CAUSES OF LOSS, INSURANCE; CONDITION OF, DAMAGE TO PROPERTY AND INCLUSIONS AND WALK-THROUGH. Except as otherwise provided in this Contract, the Property, Inclusions or both shall be delivered in the condition existing as of the date of this Contract, ordinary wear and tear excepted. 19.1. Causes of Loss, Insurance. In the event the Property or Inclusions are damaged by fire, other perils or 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 repair the same before Closing Date (§ 2.3). In the event such damage is not repaired within said time or if the damage exceeds such sum, this Contract may be terminated at the option of Buyer by delivering to Seller written notice of termination on or before Closing. Should Buyer elect to carry out this Contract despite such damage, Buyer shall be entitled to a credit at Closing for all insurance proceeds that were received by Seller (but not the Association, if any) resulting from such damage to the Property and Inclusions, plus the amount of any deductible provided for in such insurance policy. Such credit shall not exceed the Purchase Price. In the event Seller has not received such insurance proceeds prior to Closing, then Seller shall assign such proceeds at Closing, plus credit Buyer the amount of any deductible provided for in such insurance policy, but not to exceed the total Purchase Price. 19.2. Damage, Inclusions and Services. Should any Inclusion or service (including systems and components of the Property, e.g. heating, plumbing) fail or be damaged between the date of this Contract and Closing or possession, whichever shall be earlier, then Seller shall be liable for the repair or replacement of such Inclusion or service with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the maintenance or replacement of such Inclusion, service or fixture is not the responsibility of the Association, if any, less any insurance proceeds received by Buyer covering such repair or replacement. Seller and Buyer are aware of the existence of pre-owned home warranty programs that may be purchased and may cover the repair or replacement of such Inclusions. The risk of loss for damage to growing crops by 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 entitled to such insurance proceeds or benefits for the growing crops. 19.3. Walk-Through and Verification of Condition. Buyer, upon reasonable notice, shall have the right to walk through the Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this Contract.
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20. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document, Buyer and Seller acknowledge that the respective broker has advised that this document has important legal consequences and has recommended the examination of title and consultation with legal and tax or other counsel before signing this Contract.
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21.
TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of the essence hereof. If any note or check received
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as Earnest Money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any obligation hereunder is not performed or waived as herein provided, there shall be the following remedies: 21.1. If Buyer is in Default: 21.1.1. Specific Performance. Seller may elect to treat this Contract as canceled, in which case all Earnest Money (whether or not paid by Buyer) shall be forfeited by Buyer, paid to Seller and retained by Seller; and Seller may recover such damages as may be proper; or Seller may elect to treat this Contract as being in full force and effect and Seller shall have the right to specific performance or damages, or both. X 21.1.2. Liquidated Damages. All Earnest Money (whether or not paid by Buyer) shall be forfeited by Buyer, paid to Seller, and retained by Seller. Both parties shall thereafter be released from all obligations hereunder. It is agreed that the Earnest Money specified in § 4.1 is LIQUIDATED DAMAGES, and not a penalty, which amount the parties agree is fair and reasonable and (except as provided in §§ 10.4, 19, 22, 23 and 24), said forfeiture shall be SELLER’S SOLE AND ONLY REMEDY for Buyer’s failure to perform the obligations of this Contract. Seller expressly waives the remedies of specific performance and additional damages. 21.2. If Seller is in Default: Buyer may elect to treat this Contract as canceled, in which case all Earnest Money received hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect to treat this Contract as being in full force and effect and Buyer shall have the right to specific performance or damages, or both.
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22. LEGAL FEES, COST AND EXPENSES. In the event of any arbitration or litigation relating to this Contract, prior to or after Closing Date (§ 2.3), the arbitrator or court shall award to the prevailing party all reasonable costs and expenses, including attorney and legal fees.
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23. MEDIATION. If a dispute arises relating to this Contract, prior to or after Closing, and is not resolved, the parties shall first proceed in good faith to submit the matter to mediation. Mediation is a process in which the parties meet with an impartial person who helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. The parties to the dispute must agree, in writing, before any settlement is binding. The parties will jointly appoint an acceptable mediator and will share equally in the cost of such mediation. The mediation, unless otherwise agreed, shall terminate in the event the entire dispute is not resolved within thirty days of the date written notice requesting mediation is delivered by one party to the other at the party’s last known address. This section shall not alter any date in this Contract, unless otherwise agreed.
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24. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder shall release the Earnest Money as directed by written mutual instructions, signed by both Buyer and Seller. In the event of any controversy regarding the Earnest Money (notwithstanding any termination of this Contract), Earnest Money Holder shall not be required to take any action. Earnest Money Holder, at its option and sole discretion, may (1) await any proceeding, (2) interplead all parties and deposit Earnest Money into a court of competent jurisdiction and shall recover court costs and reasonable attorney and legal fees, or (3) provide notice to Buyer and Seller that unless Earnest Money Holder receives a copy of the Summons and Complaint or Claim (between Buyer and Seller) containing the case number of the lawsuit (Lawsuit) within one hundred twenty days of Earnest Money Holder’s notice to the parties, Earnest Money Holder shall be authorized to return the Earnest Money to Buyer. In the event Earnest Money Holder does receive a copy of the Lawsuit, and has not interpled the monies at the time of any Order, Earnest Money Holder shall disburse the Earnest Money pursuant to the Order of the Court. The parties reaffirm the obligation of Mediation (§ 23). The provisions of this § 24 apply only if the Earnest Money Holder is one of the Brokerage Firms named in § 34 or § 35.
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25. TERMINATION. In the event this Contract is terminated, all Earnest Money received hereunder shall be returned and the parties shall be relieved of all obligations hereunder, subject to §§ 10.4, 23 and 24.
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26. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate Commission.) Attachment: "Exhibit A" 27. ATTACHMENTS. The following are a part of this Contract: Exhibit A Note: The following disclosure forms are attached but are not a part of this Contract: N/A 28. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith, including but not limited to exercising the rights and obligations set forth in the provisions of Financing Conditions and Obligations (§ 5) and Property Disclosure, Inspection, Indemnity, Insurability, Buyer Disclosure and Source of Water (§ 10).
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29. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL. This Contract, its exhibits and specified addenda, constitute the entire agreement between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or written, have been merged and integrated into this Contract. No subsequent modification of any of the terms of this Contract shall be valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. Any obligation in this Contract that, by its terms, is intended to be performed after termination or Closing shall survive the same.
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30. COLORADO FORECLOSURE PROTECTION ACT. If the Colorado Foreclosure Protection Act (Act) applies, then a different contract that complies with the provisions of the Act is required, and this Contract shall be void and of no effect. The Act generally requires that (1) the Property is residential, (2) any loan secured by the Property is at least thirty days delinquent 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 Will Will not occupy the Property as Buyer’s personal residence for at least one year. The parties are further advised to consult with their own attorney.
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31.
NOTICE, DELIVERY, AND CHOICE OF LAW. 31.1. Physical Delivery. All notices must be in writing, except as provided in § 31.2. Any document, including a signed document or notice, delivered to Buyer shall be effective when physically received by Buyer, any signator on behalf of Buyer, any named individual of buyer, any representative of Buyer, or Brokerage Firm of Broker working with Buyer (except for delivery, after Closing, of the notice requesting mediation described in § 23) and except as provided in § 31.2 below. Any document, including a signed document or notice, delivered to Seller shall be effective when physically received by Seller, any signator on behalf of Seller, any named individual of Seller, any representative of Seller, or Brokerage Firm of Broker working with Seller (except for delivery, after Closing, of the notice requesting mediation described in § 23) and except as provided in § 31.2 below. 31.2. Electronic Delivery. As an alternative to physical delivery, any document, including any signed document or written notice may be delivered in electronic form only by the following indicated methods: X Facsimile X Email X Internet No Electronic Delivery. Documents with original signatures shall be provided upon request of any party. 31.3. Choice of Law. This Contract and all disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado for property located in Colorado.
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32. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal shall expire unless accepted in writing, by Buyer and Seller, as evidenced by their signatures below, and the offering party receives notice of such acceptance pursuant to § 31 on or before Acceptance Deadline Date (§ 2.3) and Acceptance Deadline Time (§ 2.3). If accepted, this document shall become a contract between Seller and Buyer. A copy of this document may be executed by each party, separately, and when each party has executed a copy thereof, such copies taken together shall be deemed to be a full and complete contract between the parties.
Date: Buyer’s Name: Robert N Mannan Buyer’s Signature Address: N/A N/A Phone No.: N/A Email Address: N/A
Fax No.: N/A
Date: Buyer’s Name: Holly H Mannan Buyer’s Signature Address: N/A N/A Phone No.: N/A Email Address: N/A
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Fax No.: N/A
[NOTE: If this offer is being countered or rejected, do not sign this document. Refer to § 33]
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Countered Rejected. 33. COUNTER; REJECTION. This offer is Initials only of party (Buyer or Seller) who countered or rejected offer END OF CONTRACT TO BUY AND SELL REAL ESTATE
34. BROKER’S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE. (To be completed by Broker working with Buyer) Does Not acknowledge receipt of Earnest Money deposit specified in § 4.1 and, while not a party to the Broker X Does 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 This is a Change of Status.
Seller’s Agent
Transaction-Broker in this transaction.
Brokerage Firm’s compensation or commission is to be paid by X Listing Brokerage Firm Other N/A . Date: Brokerage Firm’s Name: Broker’s Name:
Address: Phone No.: Fax No.: Email Address:
Buyer
Grey Rock Realty Ryan Jenkins Broker’s Signature 1091 Shadow Ridge Rd Laporte, CO 80535 (970) 689-0824 (970) 472-0447 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 Buyer initials
7/26/2009 17:14
Page 13 of 14 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 This is a Change of Status.
Seller’s Agent
Buyer’s Agent
Brokerage Firm’s compensation or commission is to be paid by Date: Brokerage Firm’s Name: Broker’s Name:
Address: Phone No.: Fax No.: Email Address:
Buyer
Other N/A
RE/MAX Advanced Inc. Scott Sutherland Broker’s Signature 1018 Centre Ave Fort Collins, CO 80526 (970) 221-5995 (970) 221-5999
[email protected]
CBS1-5-09. CONTRACT TO BUY AND SELL REAL ESTATE Buyer initials
Seller
Transaction-Broker in this transaction.
7/26/2009 17:14
Page 14 of 14 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 eal Estate Commission CL8-9-081 (Mandator \-09
additions,
have been approved
by the Colorado
3 4
5 6
THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD. CONSU!.T LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING CLOSING INSTRUCTIONS
7 8
9
Date: __
-=-7:..:18::.;/2:..:0~O~9
10
1. PARTIES, PROF'ERTY. Daniel A. Hepner, Trustee for the Bankruptcy Lee Sweetman, Case No. 07-10810 SBB, Seller, and
___
Estate of Vivian
'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 19 20
2. INFORMATION, PREPARATION, Closing Company Is authorized to obtain any Iniormation necessary for the Closing. Closing Company agrees to prepare, deliver, and record those documents (excluding legal documents) that ere necessary to carry out the terms and condilions of the Contract.
21 22 23
3. CLOSING FEE. Closing Company will receive a fee not to exceed $ =2.:;.O~O for providing these closing and settlement services.
_
24 25
26
4, RELEASE, DISBURSEMENT. Closing Company Is not authorized to release any signed documents or things of value prior to receipt and disbursement of Good Funds, except as provided in § § 8 and 9.
27
28 29
30 31 32 33 34
35
5, DISBURSER. Closing Company shall disburse all funds, including real estate commissions, except those funds as may be separately disclosed in writing to Buyer and Seller by Closing Company or 8uyer's lender on or before Closing. All parties agree that no one other than Ihe disburser can assure that payoff of loans and other disbursements will actually be made.
6. SELLER'S NET PROCEEDS. Seller will receive the net proceeds of ClOSingas Indicated: Cashier's Check. at Seller's expense 0 Funds ElectronIcally Transferred (wire transfer) 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
8. FAILURE OF CLOSING. If Closing or disbursement does not occur on or before Closing Date 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.
40 4!
47
9. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder shall release the Earnest Money as directed by written mutua! instructions, signed by both Buyer and Seller. In the event of any controversy regarding the Earnest Money (nclwithstanding any CLOSIl\G INSTRUCTIONS Page i of 4 48
49 50
CL8·9·08.
13uyer(s) Initials
_ CTMeConrracts.com
Seller(s) Initials ·02009
-/-~ro(l..!L----------
CTM Scfrwaro Corp.
DocuSign Envelope ID: EB2BBF43-17AE-4AFA-963F-97AFBC680C74
51 52 53 S4
5S 56 57 58 59 50
termination of the Contract), Earnest Mcney Ho'der shall not be required to take any action. Earnest Money Holder, at its option and sole discretion, may (1) await any proceeding, (2) interplead all parties and deposit Earnest Money into a court of competent Jurisdictlon and shall recover court costs and reasonable attorney and legal fees, or (3) provide notice to Buyer and Seller that unless Earnest Money Holder receives a copy of the Summons and Complaint or Claim (between Buyer and Seller) containing tho cese number of the lawsuit (Lawsuit) withln one hundred twenly days of Earnest Money Holder's notice to the parties, Earnest Money Holder shaH be authorized to relurn the Earnest Money to Buyer. In the event Earnest Money Holder doss receive a copy of the Lawsuit, and has not Interpled the monies at the time of any Order, Earnest Money Holder shaD disburse the Earnest Money pursuant to the Order of the Court.
61
62 63 64 6S 66 67 68 69 70
10. SUBSEQUENT AMENDMENTS. Any amendments to. or terrnlnation of. these Closing Instructions must be In writing and signed by Buyer, Seller and Closing Company. 11. CHANGE IN OWNERSHIP OF WATER WELL. Within sixty days after Closing. Closing Company shall submit any required Change In Ownership form or registration of existing well form to the DIvision of Water Resources In the Department of Natural Resources (Division). wIth as much Information as Is available, and the Division Shall be responsible for obtaining the necessary well registration Information direcUy from Buyer. Closing Company shall not be liable for delaying Closing to ensure Buyer completes any required form.
71
72
n 74
75 76
12. WITHHOLDING. The Internal Revenue Service and the Colorado Department of Revenue may require Closing Company to withhold a substantial portion of the proceeds of this sale when Seller eIther (a) is a foreign person or (b) will nol be a Colorado resident after Closing. Seller should inquire of Seller's tax advisor to determine if withholdtng applies or if an exemption exists.
77
13. ADDITIONAL
78
Colorado
79 60 81 82
No Other
83
PROVISIONS.
(The following additlonaf
provisions
have not been approved by he
Real Estate Commission.)
14. COUNTERPARTS. ThIs document may be executed by each party, separately, and when each party has executed a copy, such copies taken together shall be deemed to be a full and complete contract between the parties.
84 85 S6 87
15. BROKER'S COPIES. Closing Company shall provide, to each broker In this transaction, copies of all signed documents that such brokers are required to maintain pursuant to the rules of the Colorado Real Estate Commission.
ss 16. NOnCE,
89 90 91
sz 93 94
95 96 97
DEL.IVeRY AND CHOICE OF l.AW. Delivery. Except as provided in § 16.2, all notices must be in writlng. Any notice or document to Buyer shall be effe·clive when physically received by Buyer, any Individual buyer. any representative of Buyer, or Brokerage Firm of Broker working with Buyer. Any notice or document to Seller shall be effectlvo when physically received by Seiler, any indIvidual seller, any representative of Seller, or Brokerage Firm of Broker workIng with Seller. Any notice or document to Closing Company shaU be effective when physically received by Closing Company, any indMdual of Closing Company, or any represenlative of Clos,'ng Company. 16.2. Electronic Delivery. As an alternative 10 physical delivery, any signed document and wrilten notice may be delivered In electronic form by the following indicated methods onfy:
16.1. Physical
~ Facs1mlle ~ E-mail 0 Internet 0 No Electronic Delivery .. Documents with original 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.
98 99
103 104 105 Buyer:
Date:
_
106
CLS-9-0B.
107
Addross:
106
Address:
CLOSING INSTRUCTIONS
Buycr(s) Initials
Page 2 of4
_
Seller(s) Initials
_~_--'W~
CTMeContnIC(S.com - 02009 CTM Software Corp.
_
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:/
p.~
~4--~1
Danlal A. Hapn~stee - - Case No. 07·10810 SBa, _23
Address:
9101 Harlan
12~
Address:
Westminster,
125
Phone No.:
303-444-5141
Data:
for the Bankruptcy Estate of
127
Street
vtvten
;p./y11{1Z4I1
Lee Sweetman,
#260
CO 80031
126 Fax No.: 127
Email Address:
[email protected]
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: Authortzec Signature
TIUe:
141 Address:
2609 E, Harmony
142 City:
Fort Collins,
143
Phone No.:
970-267·8980
144
Fax No.:
970-267-8987
1'15
Emall Address:
_
Date:
_
Rd. #150
CO 80528,
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 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 _
149
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
Buycr(s) Initials
Page 3 of4
_
Se][er(s) Initials
_~--l~L:.jI' ~
CTMeComraCis.com - 02009 CTM Software Corp.
_
DocuSign Envelope ID: EB2BBF43-17AE-4AFA-963F-97AFBC680C74
159
acknowledgesthat
Broker is responsible for the accuracy of Ihe above documents.
160
!6t .62
BrokerageBrokerFirm's
Name: REiMAX Advanced, inc.
Your Home Team Advantage
163 16<1
165
BrOker:4~Ltf'~A-~JZ
Date:
166 167 Closing Company: Security
71812009
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
Buyerfs) Initials
Page 4 of4
_ CTMeC'onlrJcl,.com
SelJer(s) Initials _/~ __ ·C2009
CTM Software Corp.
I)1v-
_
DocuSign Envelope ID: EB2BBF43-17AE-4AFA-963F-97AFBC680C74
RE/MAX Advanced, 1018 Centre Avenue
Inc.
Fort Collins, CO 80526 Terry Anderson,CRS,GRI,MRE,ABR,TRC, Eco Broker,ePro,SRES 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
Estate
Commission.
and
Real
(LP 45-5-04)
l..ead-8ased Paint Disclosure (Sales) Altachment
1232 Constitution
to Contract
to Buy and Sell Real Estate (or the Property
known as:
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
times) damages, attorney fees, costs, each violation. Dlsc!osure of Information
Federal Lead-Based Paint DIsclosure Laws include treble (3 and a penalty up to $10,000 (plus adjustment for Inflation) for
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
!81 Seller
o
paint and/or lead-based
has no knowledge
the housing. Seller has knowledge housing (exptain):
of lead-based
(c) Records and reports available
!81
paint hazards (check one box below):
of any lead·based
paint and/or lead-based
pain. and/or lead-based
paint hazards present In
paint hazards
present in the
to Sellor (check one box below):
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
and/or lead-based
Buyer's
paint hazards
In the housing (list documents
10 lead-based
paint
below):
Acknowledgment
(d) Buyer has read the lead
Warning
staternent
(e) Buyer has received copies of allinformalion,
above and understands
its contents.
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): Obtain a risk assessment or an Inspection
o
LP45-5-04.
Lead-Based Paint Disclosure (Sales)
Buycr(s) Initials
of the Property for the presence
of lead-based paint
Page J of2
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DocuSign Envelope ID: EB2BBF43-17AE-4AFA-963F-97AFBC680C74
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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 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:/
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Date:
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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:
Real Estate Licensee
71812009
(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)
Buyer(s) InhiaIs,
'page 2 of2
_ CTMeContracls.com
SeLler(s) Initials
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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 allowed 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 custodial 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
/ Seller Name(s):
.
Ave-
s=re.
f'C?S.:L /
LD:~,4tV~IB~(I.--£~+t;;:.:e.£J.<.<;(w.O-!.."'-r1_Q~,ec.::v,-",S-=1:C7!£",,-,-~
_
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C. '~(
Seller Signalure(s): ~
~
Buyer Name(s):
_
Buyer Signature(s):
~
. Phone:
Address (II different than property address):
I
It Is tecommended tllal
If requestec
_
you file thIs form wl/h your closing documents.
by the City during an Invosllgation,
suant to City Coda SecUon 5-264.
you are required 10 provldo this fully oxccuted
Failure to retain the statement
disclosure statementlo
is a civil Infraction punishable
addltlon 10 any costs, fees or surcharges assessed by a court or referee. '.
_
the City pur-
by a fine or not more than S1000, in
DocuSign Envelope ID: EB2BBF43-17AE-4AFA-963F-97AFBC680C74
;~~~IIC YOUR
1ll:n-TGAM
AOYA.!;7ACil
RE/MAX Advanced, Inc. 1018 Centre Avenue Fort Collins, CO 80526 Terry Andersoo,CRS,GRi,t>1RE,ABR,TRC, Eco Broker,ePro,SRES and Scott 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 I. IMPROVEMENTS 1
A. STRUCTURAL CONDITIONS Do any 01 the lollowlng conditions now axial or havo tllBY over existed, St"lJt:tutal proal am. Mo,slura andlor water problems Damugo duo to Isrmllos, other insoct s, birds, anlmals or rodsnts Ds,1'Iagodue to hall. wind.nee or 0000 . Cracks. heaw,ll 0' seWing problems Exterior wall or vrindow problems lOxieriorArtificial stueeo (EIFS) Anyaddlllons or alterations made Building eodsfcHy or county vlolatlons
1 2 3 4 5 6 7
a 9
Do Not Yes
No
Know
NJA
COMMENTS
NiA
COMMENTS
NJA
COMMENTS
)( tr(
.\" )(
It
I Yes
B. ROOF
No
Rooi problems Roof metetial Age 2 AQa Roof material :J Roof lea~: Past 4 Roof leak: Present 5 Damaqo 10root: Past 6 Damage to roof: Presenl Tra;,sierab!e 7 Roof under warf3nly unlil a Reel work daM while under current IO'Jf \Vallanty 9 SkVliaht prOblems 10 Gutter or downspout problems
Do Not Know
X
1
,( X V vV
IN WORKING CONDITION
C. 1 2 3 4 5 G 7
SPD29·5·09.
APPliANCES Bulll-in vacuum system 8. accesscrt ss Clothes dryer C:olhes washer Dishwasher Dls~osal Frnozor Gas.grlll
SELLBR'S PROPERTY DISCLOSURE
Buyerts) Initials
Yos
No
DoNat Know
Age If Known
,
(Resldcntiat)
_ CTMcContmcls.com
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Sellcr(s) Initials
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I I
Hood MIClcwave oven Ovan Range 12 Refrlgeralor 8 9 10 11
Xl
13
T.V. antenna DOl'lned OLeased 14 Satellite system or DSS dish Downed oLeascd
)0
~
T (ash compactor
15
IN WORKING COllOITION D.
ELEC'TRICAL 8. TELecOMMUNICATIONS
1
Security system:
2
Smoke/fire detectors: DBellery
DOwned
Yes
No
Ago If
00 Not Know
Known
NlA
COMMENTS
NlA
COMMENTS
Xl
DLoasod
kI
[JHatdv.iro
~
3
Carbon Monoxld!l Alarm Battary DHardwire 4 Light fixtures 5 SWitches & outlets 6 Aluminum wlrin~ (110) Ames 7 Electricai: 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 16 Landscape liahUnn
I --
J
~
IN WORKIliG CONDITION
E.
MECHANICAL
1
Nr coodillonlng: EvaporAtive cooter Window units
Yes
No
Do Not Know
Ago If I{nown
'tl
C~I"\((al
~
AltleJwhoie hOLlSe1an Vent fans 4 Humidifier Alr purlnef B 6 Saun~ 1 Hot ~Jb or spa B Steam room/shower Pool 9 Heating syslem: Fuel 10 TYPe Type Fuel 2 3
11
WeIO( heatsr;
Numbar
)I
10
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~
Xl
01
Xi
Capaclt'{ Fuel type Fuol 12 Fitaplaco: TyPe 13 Rroplace insert Fuel ;4 Slave: Typa When was liraplacatwood stove, ctlimneylnuQ 15 DDC net know esi cleaned: Dale:
15 Fuallanks:
17 18 19 20
DOwned
.,.
)0
N
'(
DLeased
Redlanl nea\lng system Dtn!erior Hose TVpe Overhead door colcv cato sy;;!em Ellevalor
I
)1
o"xterlor
X
Y
~
~
--
X IN WORKING CONOITION
F. WAiER. SEWER & OTHER UTILITIES
SPD29-5-09.
Yes
Water filter system DOwned
a
Water softener OOwnod
3
Sawage prablemg [Jy6S. 01'10 UDo
"fJ
Dleased
~ __
~ __
~
Ago If Known
NJA
COMMENTS
I
)j
not know
SELLER'S PROPERTY D1SCLOSURE (Residential)
Buycr(s) Initials __
Do Not Know
7i
o\..eased
1
No
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Seller(s) Initials
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©20(l9 CYM Software Corp.
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DocuSign Envelope ID: EB2BBF43-17AE-4AFA-963F-97AFBC680C74
un S.lation (sewaQO ejector pump) Drainage. storm sewers, lolen~on pones Groy water storage/usa
4 5
6
Plumblno nrobrems DVM UN" 8 Sumo pump 9 IJnoerQroundsprinkler svstom 10 FIre sprlnlller system 7
000
I
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1'101 MOW
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11 ?olybulylena pipe OYe.s ONO DDo not Kno'II 12 GalWlnlzed pipe UY(;$ U"!o 000 tI
Xi
Sacl<1law prsv&nUon cevtee
13
OOomestic
Dlrrlgallon
OFlr"
XJ
OSllWagO
14 Irrlaallon Dump 16 Well pump
K\ 1(}
G. OTHER PISCLOSURES:-IMPROVEMENTS 1 Included flX1llres and equipment In working cone/ilion 2 3 4
Yes
Do Net Know NlA
No
COMMENTS
)\J
I
! I
I
II. GENERAL 00 Not
USE.
H.
Yes
& lEGAL ISSUES Zoning violation, vartance, conditione!
1
ZONING
uso threat ql condoznnauon
U66,
No
NlA
COMMENTS
00 Not Know NlA
COMMENTS
Know
.(J
ontcrcoabte
PUD or non-«lnformlno
2
Norice or
y!
procsedlogs
or any adverse conditions from any governmenlal agency thot have not bean 3 or quasl-govarnmenla! rosolv~d VlolaUon 01 roWletive covenants or 0"'09'6' assoclafion 4 No!lce
Xi )/
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
Xl
body
.EJ
of z<mlng action rOlated \0 tha ProPattl' DtM, legal action
6 7
Nalico
I.
ACCESS, PARKING. DRAiNAGE.
'i'
s SlqNAGE
No
Yes
XJ )0
Any. access problems Roads. driveways, (!alls Of paths IIwough the Property usee 2 by others 3 Public hlohway or county road borderinc the Properly 4- Any prQP
}Q
)Il
I
casements
e
Shared or common aress with ed/o!nlng prcportles ReQuirements lor curb, gravol/pavlng. landsCilplng Flooding or orainaga probloms: Past Flooding or dralnaqo problems: Prasunl
7 8 9
)0
..a 111
.>. .,., Do No!
J. WA. TER
s SEWeR
Yes
SUP?L Y
1 Weier Rights Type 2 Water lap fGG.Spaid Inlull 3 Sewer lap fees paid In fUll 4 Sublecl to augmentation plan 5 Well r
No
Know
DWell
Dcommunlly
USh.red
If tho Property Is served by a WolI, a Ci:Jpy of the Well Permit Ols
o
SELLER'S PROPERTY DJSCLOSURE (Residential)
BUYCt(.~l) Initials
COMMENTS
_ CTMeCon!raCls.com
OClslom
Well
01. 1401altached.
D~lIll1g Records DAro DArt) Ht>l attached. Shared Vloll Agroemonl 1M Wator Pro~ldor ror the Property can bo contacted at: Address: Name:
SPD29·$·09.
NfA
o
DYes
UNor.a
Wol! Porm!l #: ONot
Page S of 5
Sellens) Initials -=-~_. - Cl009 CTM
Software
Corp.
_
DocuSign Envelope ID: EB2BBF43-17AE-4AFA-963F-97AFBC680C74
Web
o
Silo!
Phone No.:
There I. neilhor
0 Woll nor a Water
ProVider
for Ihe P(operty.
The source
of potab's
:sOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRiONEWAsLE YOUR PROVIDER (OR INVESTIGAlE iHE DESCRIBED SOURCE] TO DETERMINE PROVIDER'S WATER SUPPUES.
for Iha Property:s
[describe
source]:
GROUNt} WATER. YOU MAY WISH TO CONTACT THE LONG·TERM SUFFICIENCY OF THE
sower service: . \f.!Ub!lC Deommunity [JSeplle System DNone by an on·slto septic syslem, supply 10 buyer a copy of the permit
Typo of sanilary
1 If Ihe Proporly
water
OOUlor
0
Is served
Type .or soplic
DTank
t'{Slom!
OLeach
OLagoon .
K.
ENVIRONMENTAL
CONDITIONS
Do any or the following
now .xls!
candlllons
of
Do Not
have thoy Yes
lever eXlstod! Hazardous
malerlals
on tho Proporty,
oXIc, or blohazardous
1
materlnls,
asbestos,
Ur.dargrouM
transmiSSion
or municipal
7
Monilorlng Sliding,
a
'\'
lines
It
Ihe Prooerty
on. or edioining
used as. slluatod
Property
6
l(
't'
t/lnks
slolono
~olld waste welle
settl!no,
a dump. land nil
J( I ~ '( I ~
laod fill
or tesl oqulpmanl upheaval.
movement
of earth
or Instability
solts 01 tho Plooertv Mine shnfls, tunnels Or ebandonad
wotls on Lhe Property
Within
doalgnalod
noological
Cleslgnalacf
nece
or expanslvo
9 10
govornmentally
hazard
«
Or
sSnllitlvQ area Wllhin
11
governmentally
plain 01 wetland
Environmental
14
Invo:vlng
the physical
Property
used for
studies
<
or reports done
01 the Property
candillon
any
'"
Irees Or shrubs
assessments.
mlnll1u, gravollng,
Of other natural
-\".
resource extraction operatlcnc $UCll as 011and ga~ we:Js 15 Inlerior of lmorovemeots of Property tobacco smoxe-rree problems 16 Othor onvlronmental
X >(
Do Not
COMMON INTEREST COMMUNITY ASSOCIAnON b. PROPERTY 1 Propoli)' 15 purt of a~ ownors' a •• oclaUon Special aasessmonts
:<
I3pproved
or increases
In regular
bv OWriOIS' 0,30010Uon
bUI nol
I
(
area
12 DG~d, diseased ot!nfoslod
13
COMMENTS
)(
m'fi
SI01MO tanks
::I Aboveglound 4 Underground 5 Pats kopl on
NJA
Know
pesticides,
~arblcldOS, wastewator G!udoe. radon, methene, tllIiMS, $olvonl$ or patroloum products
2
No
SUcll as rsotoacuve,
Yes
No
Know
NlA
COMMENTS
NlA
COMMENTS
y
aascssmerus
K
yet tmolemenled
Has Iho Assor.:lalion made demond or commenced galnlt a bulldar or contractor alloglng cerecuve
a lawsutt
3 consWcUon 01 Improvemonls of tho Assoctauon Prcperty 'common araa or property owned or controlfod by the ~soelallon but oulslde tho 5.110(. Praporl;-j or Unil) .
<
~
.
00 No!
M.
OTHER
DISCLOSURES:-
Y06
GENERAL
1
A! .•'! part of the Pr.oporty leased
2
Wn11en ropcns of any building, silo, roefl,,!!, sells or OOQlneerina InvesUQ.llons or stedtos of the Property
MY proporty insurenco 3 noli SlnJclurel,
4
erchltocturtll
claim submitted
was previously
aboralerv nstalled,
Of oml)
(whother
<
a methamphalamina
~
to SIO\O standards
.(
app-oved, but nol yal a lien 8galns! tho Property
spoclnllmprovomants
Ihot may become
x
1{
plans and/or
Improvemenl.
usee! 6S
Know
.(
pllid 01
.
and nOI remodlalod
Covernment
6
(writton
and engineering
specJr.'COUons for any cxlsllng Property
6
10 otlle'"
No
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
SPD29-S·09.
material
defect may
result In legal
SELLER'S PROPERTY DISCLOSURE (Re.idential)
Buyer(s) Initials
.
.
_
CTMeContrnc!$.Oom
liability,
Page 4 of 5
Se!ler(s) Initials
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• ~2009 CTM Software Corp.
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DocuSign Envelope ID: EB2BBF43-17AE-4AFA-963F-97AFBC680C74
The InformatIon contained In this Disclosure Seller's CURReNT ACTUAL KNOWLEDGE,
.,,,,,/
lS..,.;t ~~,
has been furnished
by Seller. Who certtncs to \I1e truth thereof
n.,;&
Data:
:r"y
based on
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 Should thoroughly inspect the i'rof1erty and obtain expert e sslstance to accuretetv conllrm the status of the folloWIng matters:
a.
current actual knowledge, Buyer and fully evaluate the Proporty to
the physical condition
of the Property; the presence of mold or other biological hazards; tne presence of rodents, Insects and vermin Including termites; the legai use of tile Property and legal access to the Property; 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 Buyer decides whether to purchase the Property b, c. d.
that are Important
to Buyer
as
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, Buyer by performing more speclftc evaluations and Inspections of the Property.
and other
experts
may assist
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 likelihOOd of such problems. 5, Whether any item Is Included Seller's Property Disclosure.
or exctuced
Is determined
by the contract
between
the
Buyer and Seilar and not this
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:
Buyer:
~~
~
SPD29·5~09
SELLER'S PROPER.iY DISCLOSURE (RESIDENTIAL)
en,
. 192009
SPD29·5·09.
cContracts
cru
Software
~
Date:
_
Corp.
SELLER'S PROPERTY DlSCLOSURE (Residential)
Buyor(s) Initials
Date:
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SeJier(s) Initials
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CTMeContn1cL~.com - 02009 CTM :;oftwnre Corp.
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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 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:
Dale Measured
StandardlMal!:JoclologylManner
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 LIcensee:
~~11~...e
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.
lilm.J r;. ~
~
_
_
~'t
Dale: "'(WII'j Daniel A. Hapner, Trustee for the Bankruptcy Estate of VIvIan Lee Sweetman, Case No. 07-10810
Seller:
see,
SF 94·5-04.
Seller:
Date:
_
Buyer:
Date:
_
Buyer:
Date:
_
Sf 94-5-04 SQUARE FOOTAGE DISCLOSURE SQUARE FOOTAGE DISCLOSURE Page I of I
Buyer(s) Initials,
_
CHI eCont(dcts
Sellerts) lnitials
- ©200B
--'/'--_rrY
crMcConlrncls.~om - 02009 CTM sonware Corp.
cnl
Software
Corn.
_
DocuSign Envelope ID: EB2BBF43-17AE-4AFA-963F-97AFBC680C74
Advanced, Inc. 1018 Centre Avenue Fort Collins, CO 80526 Terry Anderson,CR5 GRI,tvJREtABR,TRCf Eco Broker,eProfSRES and Scott Sutherland Your Home Team Advantage Ph: 970-221-5995 Fax: 970-224-4458 RE/MAX
I
he printed portions of this rorm, "state Commlss!on (5WA35-8-071
except differentiated (Mandatory 1-08)
additIons,
have been approved
by the Colorado
Real
2 3
THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT
4 5
LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. SOURCE OF WATER ADDENDUM TO CONTRACT TO BUY AND SELL REAL ESTATE
6 7
Date:
8 9
to
71812009
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 13 1232 Constitution
(Contract). for the purchase and sale of the Property known as No.
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
21
The Property's source of water Is a Well. If a well Is the source of water for the Property. a copy of the current WeJl Permit
22 23 24
ols Dls Not attached.
0
2.2
2S
The Water Provider for Ihe Property canbe contacted at: Name: Fort Collins Water
27
330 S. Col/ege Ave. Fort Coffins, CO .=,8.;:.0:::;52=-4-'-_ Web Site: WW\v,fcgov.orglutllllles
26
Phone No.:
26
29 30
Address:
0
2.3
970·212-2900
There is neither a Well nor a Water Provider for the Property. The source of water for the Property is [describe source]:
31 32
Not Applicable
33 34
NOTE TO BUYER: SOME WATER PROVIDERS RELY, TO VARYING DEGREES ON 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 35
39
40
serrer;/~t.
41
DanIel A. He 07-10810 SBB,
~
Dale:
M
(4{ (
2£tr
er, Trustee for tile Bankruptcy Estate of Vivian Lee Sweetman, Case No.
42
Seller:
Date:
46 Buyer:
Date:
43
~4 45
47
48 49 Buyer:
Date:
50
SWA35-8-07. SWA35"8-07.
SOURCE OF WATER ADDENDUM TO CONTRACT TO BUY AND SELL REAL
SOURCE OF WATER ADDENDUM TO CONTRACT TO BUY AND SELL REAL ESTATE
Buyerfs) Initials ;
_
Seller(s) Initials
_v<--.:./))::~
CTMeCODtrU!5.COm - 02009 CTM Software Corp.
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DocuSign Envelope ID: EB2BBF43-17AE-4AFA-963F-97AFBC680C74
ESTATE.
SWA:'IS-8-07.
CHI eCOr\tracts' - ©2009 CHI Software Corp.
SOURCE OF WATER ADDm-mtJM" TO CONTRACT TO BUY AND SELL REAL ESTATE
Buyer(s) Tnitials.
_
Seller(s) Initials
.....:V __ liY'--
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