3634 S Jebel Cir, Aurora, CO 80013

RE/MAX Urban Properties Special Feature Cards

Please list all of the items you feel should be highlighted about your home with original details,
new upgrades or property inclusions! We will use this information to market your home!

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2801 Welton St., #200 Denver, CO 80205 Office: 303.296.2832

RE/MAX Urban Properties Does Your Home have an HOA?

As the result of Colorado Senate Bill 06-89 (C.R.S. 38-35.7-102), effective June 1, 2006, the seller of any property
served by a Homeowners Association or Condominium Association (H.O.A. or C.0.A.) is responsible for providing
certain disclosures to a prospective buyer. As the seller, you can also provide the required supporting documents. If
you have the documents as shown below, you may provide copies to the buyer at time of contract, or, you may
contact your HOA directly. As your agent, I will insure that the buyer of your property receives the proper
disclosures and supporting documents. I will order them from the Title Company at the time of contract unless you
direct me otherwise.

You are required to provide the following:

GENERAL

Association Bylaws
Operating Agreements
Declarations
Rules & Regulations
Covenants & All Common Interest Community Disclosure
Any Party Wall Agreements

MEETINGS
Minutes of the recent Annual Owners meeting
Minutes of Directors or Managers meetings held during previous 6 month period

FINANCES
Most recent Income and Expenditures Statement
Most recent Balance Sheet, Annual Budget & Reserve study

Please note: the charge for these documents will be incurred by you at time of close.

2801 Welton St., #200 Denver, CO 80205 Office: 303.296.2832

RE/MAX Urban Properties Condition~Preparing Your Home for a Successful Sale

As stated earlier. the condition of your home plays a huge role in getting it under contract and eventually sold.
Therefore, there is great benefit to making sure your home looks its best prior to putting it on the market. In addition
to sprucing up your home to make it look its best, there are also small remodelling jobs that will pay off at resale
once your home closes. I can advise you about specific improvements that will increase your home's marketability
and value prior to getting it on the market.

Addressing and repairing problems/improvements early in the marketing process places you in control eliminating
the stress of making repairs on the buyer's schedule. Having your home in move in condition also helps you avoid
delays to closing and demonstrates to buyers agents and the buyer's home inspector that your house has been very
well maintained. We want buyers to focus on how they would live in your home - not what they would have to
repair. Additionally, your house will stand out from the competition as better value and command a higher price.

I will also recommend trustworthy, professional contractors to address any repairs that are needed. To the extent
that these repairs are made will directly affect your listing price. You have the ability to command a higher asking
price, and substantiate it, when your home is in top condition.

I realize that there are many choices out there when hiring an agent to sell your home and truly appreciate the
opportunity to present you with my approach and the results I have achieved for my clients. As your agent I can
promise you several services that I provide including:
• Accurately pricing your home
• Outlining a full scale marketing plan from professional photos to a custom home web page
• Enhancing the perceived and real value of your home allowing you to command a higher asking price
• Unmatched customer service throughout the listing process
• A focus and determination to achieve your complete satisfaction

Regardless of the price of your home, when you hire me as your Realtor, both you, and your home, will be prepared
for a successful sale!

2801 Welton St., #200 Denver, CO 80205 Office: 303.296.2832

RE/MAX Urban Properties

2801 Welton St., #200 Denver, CO 80205 Office: 303.296.2832

RE/MAX Urban Properties Pricing
Your
Home

2801 Welton St., #200 Denver, CO 80205 Office: 303.296.2832

RE/MAX Urban Properties Houses sell quickly and
usually for the most
money when they are
priced properly
in the beginning.

2801 Welton St., #200 Denver, CO 80205 Office: 303.296.2832

RE/MAX Urban Properties Pricing Your Home: Paving the Way for a Successful Sale

Accurately pricing your home is the single most effective way to ensure a successful sale.
This cannot be overemphasized enough. It is the most important determining factor. No amount of
marketing can sell an overpriced home.

The consequences of making the wrong decision are painful. If you price your home too low,
you will literally give away thousands of dollars that could have been in your pocket.

Oftentimes, sellers are tempted to list their home with the agent who quotes them the
highest price.

Price it too high, and your home will sit on the market, developing the reputation of a problem
property (everyone will think that there is something wrong with it).

Failure to understand market conditions and properly price your home can cost you a
bundle or cause your home not to sell....preventing you from achieving your goal.

Please keep in mind, the agent doesn't set the price, the seller doesn't set the price - the
market will set the price, or value, for your home.

Factors that Influence Market Value Factors with Little or No Influence on Market Value

• Supply and Demand • The Price the Seller Paid for the House
• Economic Conditions • The Seller's Expected Net Proceeds
• Asking and Selling Priors of Competing Homes • The Amount Spent on Improvements
• Your Home's Condition
• Buyer's Perception of your Home

I Won't Let This Happen To You!

Utilizing the latest computer technology and my in depth knowledge of the
market, I will analyze current market conditions in combination with your personal
time requirements to identify the correct price range for your home.

You can't afford any "guesswork" in this critical step.

2801 Welton St., #200 Denver, CO 80205 Office: 303.296.2832

RE/MAX Urban Properties Benefits of Proper Pricing

FASTER SALE: The proper price gets a faster sale, which means you save on mortgage payments,
insurance, and other carrying costs.

LESS INCONVENIENCE: As you know, it takes a lot of time and energy to prepare your home for
showings. Keeping the property clean, make arrangements for children, and generally altering
your lifestyle. Proper pricing shortens market time.

INCREASED AGENT RESPONSE: When agents are excited about a property and its price, they
make a special effort to contact all their potential buyers and show the property whenever
possible.

EXPOSURE TO MORE PROSPECTS: Pricing at market value will open your home up to more
people who can afford it.

BETTER RESPONSE TO ADVERTISING: Buyer inquiry calls are more readily converted into
showing appointments when price is not a deterrent.

HIGHER OFFERS: When a property is priced right, buyers are much less likely to make a low
offer, for fear of losing out on a great deal.

MORE MONEY TO SELLERS: When a property is priced right the excitement of the market
produces a higher sales price in less time. You NET more due to the higher sales price and
lower carrying costs

2801 Welton St., #200 Denver, CO 80205 Office: 303.296.2832

RE/MAX Urban Properties Obstacles to Proper Pricing

Incompetent Agents
who will accept a listing at any price the seller puts on it.

Neighbors
who lead the seller to believe they received more for their house than they

actually did.
Inflationary Times

that cause prices to go up rapidly because of economic factors.
Recessionary Times

that cause prices to go down because of adverse economic conditions.
The Market

when drastic changes in supply and demand alter a home's worth.
Loss of Perspective

due to the seller being emotionally involved and losing their objectivity.
Need for a Certain Amount of Cash

has nothing to do with value no matter how important the reasons.

2801 Welton St., #200 Denver, CO 80205 Office: 303.296.2832

RE/MAX Urban Properties Dangers of Overpricing

Many potential buyers won't even look, thinking it is out of their range.

Those buyers who do look are shopping by comparison, and looking at your home
may convince them to make a bid on different property.

Since an appraisal is often required in financing a property, it's futile to list a proper-
ty for more than it's worth.

Properties left on the market for extended periods of time usually become "stale",
causing many to believe something is amiss.

Overpricing tends to dampen the other agents attitude, making it less likely to be
shown.

Overpricing lengthens marketing time, and invariably results in a lower selling price
than would have been otherwise obtained.

2801 Welton St., #200 Denver, CO 80205 Office: 303.296.2832

RE/MAX Urban Properties

2801 Welton St., #200 Denver, CO 80205 Office: 303.296.2832

RE/MAX Urban Properties Contracts
and

Negotiations

2801 Welton St., #200 Denver, CO 80205 Office: 303.296.2832

RE/MAX Urban Properties Contract & Negotiation

When a Buyer writes an offer on your home, you will have three
options in deciding how to respond.

1. Accept the offer-exactly as written!
2. Reject the offer-contract is dead.
3. Make a counter offer (called a "counterproposal").

As your agent, I will review the contract in detail so I can give
you my professional opinion of the strengths and weaknesses of
all the offer details. The offer is 17 pages long, so there will be
many points and contingencies to consider. Ultimately, you will
decide how to respond.

This is where having a seasoned and professional agent repre-
senting you can really show their worth! Either securing you
more than your desired price in a shorter amount of time, or
having the right counterproposal dates, deadlines or specific
language in the contract can mean the difference between
smooth sailing to the closing table versus a long emotionally
draining uphill battle!

2801 Welton St., #200 Denver, CO 80205 Office: 303.296.2832

RE/MAX Urban Properties Brief Explanation of Contracts and Documents Commonly
Seen Throughout Transaction

Exclusive Right to Sell Listing Contract: This contract is the legal relationship between you and me arising

from a contract in which you are employing me to perform certain acts on the your behalf. The Exclusive Right To
Sell is the legal document required to be signed by a Seller of real property and a licensed real estate broker/agent
before the agent/broker can begin to market your home. This document also specifies many details such as how
long I will be employed, how I will be compensated, my required duties, etc.

Definitions of Working Relationships: The Definitions of Working Relationships is the disclosure between a

Real Estate Agent and a Buyer and also describes the types of relationships that an agent can have with buyers and
sellers. I will likely be working on your behalf as a Seller`s Agent unless otherwise discussed and agreed to in
writing.

Contract to Buy and Sell Real Estate: This contract is the legal binding document between you and the

Buyer and goes through the details of the contracts including the price, terms, and rights you have as a Seller.

Closing Instructions: This document states who will be performing closing and their duties and fees. This is

typically the entity which holds your earnest money. Per the contract, the Seller choose the Title Company and
pays for your Title Insurance and Commitment.

Source of Water: This document states who provides water to the property and gives their contact information

that you may need to fill in.

Square footage: This document states simply what the square footage of the home is and which “reliable

source” the information was pulled from. We typically pull this information from Public Records or a previous ap-
praisal.

Seller Property Disclosure: This disclosure goes through all structural, mechanical, and environmental aspects

of the home. Please look over this one carefully and let us know if you have any questions. You want to fill out this
form with all information you are aware of while owning the home or information you have gained from previous
owner(s).

(If Applicable) Lead Based Paint: This states the home was built prior to January of 1978 and the Buyer will

mark whether they want to obtain a risk assessment or want to waive that right.

(If Applicable) Lead Based Paint Obligations: This states the Seller’s obligations in regards to Lead Based

Paint and properly disclosing.

Wire Fraud Disclosure: This states ways to make sure you do not become a victim of wire fraud as we get

closer to closing and possibly having proceeds wired to your bank account, etc.

2801 Welton St., #200 Denver, CO 80205 Office: 303.296.2832

1 The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission.
2 (LC50-6-16) (Mandatory 1-17)

3
4 THIS IS A BINDING CONTRACT. THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD
5 CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING.

6 Compensation charged by brokerage firms is not set by law. Such charges are established by each real estate brokerage firm.

7 DIFFERENT BROKERAGE RELATIONSHIPS ARE AVAILABLE WHICH INCLUDE BUYER AGENCY, SELLER AGENCY, OR
8 TRANSACTION-BROKERAGE.
9

10 EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT

11 SELLER AGENCY TRANSACTION-BROKERAGE

12

13 Date:

14 1. AGREEMENT. Seller and Brokerage Firm enter into this exclusive, irrevocable contract (Seller Listing Contract) and agree
15 to its provisions. Broker, on behalf of Brokerage Firm, agrees to provide brokerage services to Seller. Seller agrees to pay
16 Brokerage Firm as set forth in this Seller Listing Contract.

17 2. BROKER AND BROKERAGE FIRM.
18 2.1. Multiple-Person Firm. If this box is checked, the individual designated by Brokerage Firm to serve as the broker of
19 Seller and to perform the services for Seller required by this Seller Listing Contract is called Broker. If more than one individual is
20 so designated, then references in this Seller Listing Contract to Broker include all persons so designated, including substitute or
21 additional brokers. The brokerage relationship exists only with Broker and does not extend to the employing broker, Brokerage
22 Firm or to any other brokers employed or engaged by Brokerage Firm who are not so designated.
23 2.2. One-Person Firm. If this box is checked, Broker is a real estate brokerage firm with only one licensed natural person.
24 References in this Seller Listing Contract to Broker or Brokerage Firm mean both the licensed natural person and brokerage firm
25 who serve as the broker of Seller and perform the services for Seller required by this Seller Listing Contract.

26 3. DEFINED TERMS.
27 3.1. Seller:

28 3.2. Brokerage Firm:

29 3.3. Broker:

30 3.4. Property. The Property is the following legally described real estate in the County of , Colorado:

31 ,
Zip
32

33

34 known as No.

35 Street Address City State

36 together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto, and all interest of

37 Seller in vacated streets and alleys adjacent thereto, except as herein excluded.

38 3.5. Sale; Lease.

39 3.5.1. A Sale is the voluntary transfer or exchange of any interest in the Property or the voluntary creation of the

40 obligation to convey any interest in the Property, including a contract or lease. It also includes an agreement to transfer any

41 ownership interest in an entity which owns the Property.

42 3.5.2. If this box is checked, Seller authorizes Broker to negotiate leasing the Property. Lease of the Property or

43 Lease means any agreement between the Seller and a tenant to create a tenancy or leasehold interest in the Property.

44 3.6. Listing Period. The Listing Period of this Seller Listing Contract begins on , and

45 continues through the earlier of (1) completion of the Sale of the Property or (2) , and

46 any written extensions (Listing Period). Broker must continue to assist in the completion of any Sale or Lease for which

47 compensation is payable to Brokerage Firm under § 7 of this Seller Listing Contract.

48 3.7. Applicability of Terms. A check or similar mark in a box means that such provision is applicable. The abbreviation
49 “N/A” or the word “Deleted” means not applicable. The abbreviation “MEC” (mutual execution of this contract) means the date upon

50 which both parties have signed this Seller Listing Contract.

LC50-6-16. EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT Page 1 of 8

51 3.8. Day; Computation of Period of Days, Deadline.
52 3.8.1. Day. As used in this Seller Listing Contract, the term “day” means the entire day ending at 11:59 p.m., United
53 States Mountain Time (Standard or Daylight Savings as applicable).
54 3.8.2. Computation of Period of Days, Deadline. In computing a period of days, when the ending date is not
55 specified, the first day is excluded and the last day is included, e.g., three days after MEC. If any deadline falls on a Saturday,
56 Sunday or federal or Colorado state holiday (Holiday), such deadline Will Will Not be extended to the next day that is not
57 a Saturday, Sunday or Holiday. Should neither box be checked, the deadline will not be extended.

58 4. BROKERAGE RELATIONSHIP.
59 4.1. If the Seller Agency box at the top of page 1 is checked, Broker represents Seller as Seller’s limited agent (Seller’s
60 Agent). If the Transaction-Brokerage box at the top of page 1 is checked, Broker acts as a Transaction-Broker.
61 4.2. In-Company Transaction – Different Brokers. When Seller and buyer in a transaction are working with different
62 brokers, those brokers continue to conduct themselves consistent with the brokerage relationships they have established. Seller
63 acknowledges that Brokerage Firm is allowed to offer and pay compensation to brokers within Brokerage Firm working with a
64 buyer.
65 4.3. In-Company Transaction – One Broker. If Seller and buyer are both working with the same broker, Broker must
66 function as:
67 4.3.1. Seller’s Agent. If the Seller Agency box at the top of page 1 is checked, the parties agree the following applies:
68 4.3.1.1. Seller Agency Only. Unless the box in § 4.3.1.2 (Seller Agency Unless Brokerage Relationship
69 with Both) is checked, Broker represents Seller as Seller’s Agent and must treat the buyer as a customer. A customer is a party to
70 a transaction with whom Broker has no brokerage relationship. Broker must disclose to such customer Broker’s relationship with
71 Seller.
72 4.3.1.2. Seller Agency Unless Brokerage Relationship with Both. If this box is checked, Broker
73 represents Seller as Seller’s Agent and must treat the buyer as a customer, unless Broker currently has or enters into an agency or
74 Transaction-Brokerage relationship with the buyer, in which case Broker must act as a Transaction-Broker.
75 4.3.2. Transaction-Broker. If the Transaction-Brokerage box at the top of page 1 is checked, or in the event neither
76 box is checked, Broker must work with Seller as a Transaction-Broker. A Transaction-Broker must perform the duties described in
77 § 5 and facilitate sales transactions without being an advocate or agent for either party. If Seller and buyer are working with the
78 same broker, Broker must continue to function as a Transaction-Broker.

79 5. BROKERAGE DUTIES. Brokerage Firm, acting through Broker, as either a Transaction-Broker or a Seller’s Agent, must
80 perform the following Uniform Duties when working with Seller:
81 5.1. Broker must exercise reasonable skill and care for Seller, including, but not limited to the following:
82 5.1.1. Performing the terms of any written or oral agreement with Seller;
83 5.1.2. Presenting all offers to and from Seller in a timely manner regardless of whether the Property is subject to a
84 contract for Sale;
85 5.1.3. Disclosing to Seller adverse material facts actually known by Broker;
86 5.1.4. Advising Seller regarding the transaction and advising Seller to obtain expert advice as to material matters
87 about which Broker knows but the specifics of which are beyond the expertise of Broker;
88 5.1.5. Accounting in a timely manner for all money and property received; and
89 5.1.6. Keeping Seller fully informed regarding the transaction.
90 5.2. Broker must not disclose the following information without the informed consent of Seller:
91 5.2.1. That Seller is willing to accept less than the asking price for the Property;
92 5.2.2. What the motivating factors are for Seller to sell the Property;
93 5.2.3. That Seller will agree to financing terms other than those offered;
94 5.2.4. Any material information about Seller unless disclosure is required by law or failure to disclose such
95 information would constitute fraud or dishonest dealing; or
96 5.2.5. Any facts or suspicions regarding circumstances that could psychologically impact or stigmatize the Property.
97 5.3. Seller consents to Broker’s disclosure of Seller’s confidential information to the supervising broker or designee for the
98 purpose of proper supervision, provided such supervising broker or designee does not further disclose such information without
99 consent of Seller, or use such information to the detriment of Seller.
100 5.4. Brokerage Firm may have agreements with other sellers to market and sell their property. Broker may show alternative
101 properties not owned by Seller to other prospective buyers and list competing properties for sale.
102 5.5. Broker is not obligated to seek additional offers to purchase the Property while the Property is subject to a contract for
103 Sale.
104 5.6. Broker has no duty to conduct an independent inspection of the Property for the benefit of a buyer and has no duty to
105 independently verify the accuracy or completeness of statements made by Seller or independent inspectors. Broker has no duty to
106 conduct an independent investigation of a buyer’s financial condition or to verify the accuracy or completeness of any statement
107 made by a buyer.

LC50-6-16. EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT Page 2 of 8

108 5.7. Seller understands that Seller is not liable for Broker’s acts or omissions that have not been approved, directed, or
109 ratified by Seller.
110 5.8. When asked, Broker Will Will Not disclose to prospective buyers and cooperating brokers the existence of
111 offers on the Property and whether the offers were obtained by Broker, a broker within Brokerage Firm or by another broker.

112 6. ADDITIONAL DUTIES OF SELLER’S AGENT. If the Seller Agency box at the top of page 1 is checked, Broker is
113 Seller’s Agent, with the following additional duties:

114 6.1. Promoting the interests of Seller with the utmost good faith, loyalty and fidelity;

115 6.2. Seeking a price and terms that are set forth in this Seller Listing Contract; and

116 6.3. Counseling Seller as to any material benefits or risks of a transaction that are actually known by Broker.

117 7. COMPENSATION TO BROKERAGE FIRM; COMPENSATION TO COOPERATIVE BROKER. Seller agrees that

118 any Brokerage Firm compensation that is conditioned upon the Sale of the Property will be earned by Brokerage Firm as set forth

119 herein without any discount or allowance for any efforts made by Seller or by any other person in connection with the Sale of the

120 Property.

121 7.1. Amount. In consideration of the services to be performed by Broker, Seller agrees to pay Brokerage Firm as follows:

122 7.1.1. Sale Commission. (1) % of the gross purchase price or (2) ,

123 in U.S. dollars.

124 7.1.2. Lease Commission. If the box in § 3.5.2 is checked, Brokerage Firm will be paid a fee equal to (1) % of

125 the gross rent under the lease, or (2) , in U.S. dollars, payable

126 as follows: .

127 7.1.3. Other Compensation.

128 7.2. Cooperative Broker Compensation. Brokerage Firm offers compensation to outside brokerage firms, whose brokers

129 are acting as:

130 Buyer Agents: % of the gross sales price or , in U.S. dollars.

131 Transaction-Brokers: % of the gross sales price or , in U.S. dollars.

132 7.3. When Earned. Such commission is earned upon the occurrence of any of the following:

133 7.3.1. Any Sale of the Property within the Listing Period by Seller, by Broker or by any other person;

134 7.3.2. Broker finding a buyer who is ready, willing and able to complete the Sale or Lease as specified in this Seller

135 Listing Contract; or

136 7.3.3. Any Sale (or Lease if § 3.5.2 is checked) of the Property within calendar days after the Listing

137 Period expires (Holdover Period) (1) to anyone with whom Broker negotiated and (2) whose name was submitted, in writing, to

138 Seller by Broker during the Listing Period (Submitted Prospect). Provided, however, Seller Will Will Not owe the

139 commission to Brokerage Firm under this § 7.3.3 if a commission is earned by another licensed real estate brokerage firm acting

140 pursuant to an exclusive agreement entered into during the Holdover Period and a Sale or Lease to a Submitted Prospect is

141 consummated. If no box is checked in this § 7.3.3, then Seller does not owe the commission to Brokerage Firm.

142 7.4. When Applicable and Payable. The commission obligation applies to a Sale made during the Listing Period or any

143 extension of such original or extended term. The commission described in § 7.1.1 is payable at the time of the closing of the Sale,

144 or, if there is no closing (due to the refusal or neglect of Seller) then on the contracted date of closing, as contemplated by § 7.3.1

145 or § 7.3.3, or upon fulfillment of § 7.3.2 where the offer made by such buyer is not accepted by Seller.

146 8. LIMITATION ON THIRD-PARTY COMPENSATION. Neither Broker nor Brokerage Firm, except as set forth in § 7,
147 will accept compensation from any other person or entity in connection with the Property without the written consent of Seller.
148 Additionally, neither Broker nor Brokerage Firm is permitted to assess or receive mark-ups or other compensation for services
149 performed by any third party or affiliated business entity unless Seller signs a separate written consent for such services.

150 9. OTHER BROKERS’ ASSISTANCE, MULTIPLE LISTING SERVICES AND MARKETING. Seller has been advised

151 by Broker of the advantages and disadvantages of various marketing methods, including advertising and the use of multiple listing

152 services (MLS) and various methods of making the Property accessible by other brokerage firms (e.g., using lock boxes, by-

153 appointment-only showings, etc.) and whether some methods may limit the ability of another broker to show the Property. After

154 having been so advised, Seller has chosen the following:

155 9.1. MLS/Information Exchange.

156 9.1.1. The Property Will Will Not be submitted to one or more MLS and Will Will Not be submitted

157 to one or more property information exchanges. If submitted, Seller authorizes Broker to provide timely notice of any status

158 change to such MLS and information exchanges. Upon transfer of deed from Seller to buyer, Seller authorizes Broker to provide

159 sales information to such MLS and information exchanges.

160 9.1.2. Seller authorizes the use of electronic and all other marketing methods except: .

161 9.1.3. Seller further authorizes use of the data by MLS and property information exchanges, if any.

162 9.1.4. The Property Address Will Will Not be displayed on the Internet.

LC50-6-16. EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT Page 3 of 8

163 9.1.5. The Property Listing Will Will Not be displayed on the Internet.

164 9.2. Property Access. Access to the Property may be by:

165 Manual Lock Box Electronic Lock Box

166

167 Other instructions:

168 9.3. Broker Marketing. The following specific marketing tasks will be performed by Broker:

169

170

171

172 10. SELLER’S OBLIGATIONS TO BROKER; DISCLOSURES AND CONSENT.
173 10.1. Negotiations and Communication. Seller agrees to conduct all negotiations for the Sale of the Property only through
174 Broker, and to refer to Broker all communications received in any form from real estate brokers, prospective buyers, tenants or any
175 other source during the Listing Period of this Seller Listing Contract.
176 10.2. Advertising. Seller agrees that any advertising of the Property by Seller (e.g., Internet, print and signage) must first be
177 approved by Broker.
178 10.3. No Existing Listing Agreement. Seller represents that Seller Is Is Not currently a party to any listing
179 agreement with any other broker to sell the Property.
180 10.4. Ownership of Materials and Consent. Seller represents that all materials (including all photographs, renderings,
181 images or other creative items) supplied to Broker by or on behalf of Seller are owned by Seller, except as Seller has disclosed in
182 writing to Broker. Seller is authorized to and grants to Broker, Brokerage Firm and any MLS (that Broker submits the Property to)
183 a nonexclusive irrevocable, royalty-free license to use such material for marketing of the Property, reporting as required and the
184 publishing, display and reproduction of such material, compilation and data. This license survives the termination of this Seller
185 Listing Contract.
186 10.5. Colorado Foreclosure Protection Act. The Colorado Foreclosure Protection Act (Act) generally applies if (1) the
187 Property is residential (2) Seller resides in the Property as Seller’s principal residence (3) Buyer’s purpose in purchase of the
188 Property is not to use the Property as Buyer’s personal residence and (4) the Property is in foreclosure or Buyer has notice that any
189 loan secured by the Property is at least thirty days delinquent or in default. If all requirements 1, 2, 3 and 4 are met and the Act
190 otherwise applies, then a contract, between Buyer and Seller for the sale of the Property, that complies with the provisions of the
191 Act is required. If the transaction is a Short Sale transaction and a Short Sale Addendum is part of the Contract between Seller and
192 Buyer, the Act does not apply. It is recommended that Seller consult with an attorney.

193 11. PRICE AND TERMS. The following Price and Terms are acceptable to Seller:

194 11.1. Price. U.S. $

195 11.2. Terms. Cash Conventional FHA VA Other:

196 11.3. Loan Discount Points. , that Buyer
197 11.4. Buyer’s Closing Costs (FHA/VA). Seller must pay closing costs and fees, not to exceed $

198 is not allowed by law to pay, for tax service and .

199 11.5. Earnest Money. Minimum amount of earnest money deposit U.S. $ in the form of

200 11.6. Seller Proceeds. Seller will receive net proceeds of closing as indicated: Cashier’s Check at Seller’s expense;

201 Funds Electronically Transferred (Wire Transfer) to an account specified by Seller, at Seller’s expense; or Closing

202 Company’s Trust Account Check.

203 11.7. Advisory: Tax Withholding. The Internal Revenue Service and the Colorado Department of Revenue may require

204 closing company to withhold a substantial portion of the proceeds of this Sale when Seller either (1) is a foreign person or (2) will
205 not be a Colorado resident after closing. Seller should inquire of Seller’s tax advisor to determine if withholding applies or if an

206 exemption exists.

207 12. DEPOSITS. Brokerage Firm is authorized to accept earnest money deposits received by Broker pursuant to a proposed Sale
208 contract. Brokerage Firm is authorized to deliver the earnest money deposit to the closing agent, if any, at or before the closing of
209 the Sale contract.

210 13. INCLUSIONS AND EXCLUSIONS.

211 13.1. Inclusions. The Purchase Price includes the following items (Inclusions):

212 13.1.1. Fixtures. The following items are included if attached to the Property on the date of this Seller Listing

213 Contract, unless excluded under Exclusions (§ 13.2): lighting, heating, plumbing, ventilating, and air conditioning fixtures, TV

214 antennas, inside telephone, network and coaxial (cable) wiring and connecting blocks/jacks, plants, mirrors, floor coverings,

215 intercom systems, built-in kitchen appliances, sprinkler systems and controls, built-in vacuum systems (including accessories),

216 garage door openers including remote controls.

LC50-6-16. EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT Page 4 of 8

217 Other Fixtures:

218

219

220 If any fixtures are attached to the Property after the date of this Seller Listing Contract, such additional fixtures are also included in

221 the Purchase Price.

222 13.1.2. Personal Property. The following items are included if on the Property, whether attached or not, on the date

223 of this Seller Listing Contract, unless excluded under Exclusions (§ 13.2): storm windows, storm doors, window and porch shades,

224 awnings, blinds, screens, window coverings, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating

225 stoves, storage sheds, and all keys. If checked, the following are included: Water Softeners Smoke/Fire Detectors

226 Carbon Monoxide Alarms Security Systems Satellite Systems (including satellite dishes); and

227

228

229 The Personal Property to be conveyed at closing must be conveyed by Seller free and clear of all taxes (except personal

230 property taxes for the year of closing), liens and encumbrances, except .

231 Conveyance will be by bill of sale or other applicable legal instrument.

232 13.1.3. Trade Fixtures. The following trade fixtures are included:

233 The Trade Fixtures to be conveyed at closing must be conveyed by Seller, free and clear of all taxes (except personal property

234 taxes for the year of closing), liens and encumbrances, except .

235 Conveyance will be by bill of sale or other applicable legal instrument.

236 13.1.4. Parking and Storage Facilities. Use Only Ownership of the following parking facilities:

237 ; and Use Only Ownership of the following storage facilities: .

238 13.1.5. Water Rights. The following legally described water rights:

239

240

241 Any water rights must be conveyed by deed or other applicable legal instrument. The Well

242 Permit # is .

243 13.1.6. Growing Crops. The following growing crops:

244

245

246 13.2. Exclusions. The following are excluded (Exclusions):

247

248

249

250 14. TITLE AND ENCUMBRANCES. Seller represents to Broker that title to the Property is solely in Seller’s name. Seller
251 must deliver to Broker true copies of all relevant title materials, leases, improvement location certificates and surveys in Seller’s

252 possession and must disclose to Broker all easements, liens and other encumbrances, if any, on the Property, of which Seller has

253 knowledge. Seller authorizes the holder of any obligation secured by an encumbrance on the Property to disclose to Broker the

254 amount owing on said encumbrance and the terms thereof. In case of Sale, Seller agrees to convey, by a

255 deed, only that title Seller has in the Property. Property must be conveyed free and clear of all taxes, except the general taxes for

256 the year of closing.

257 All monetary encumbrances (such as mortgages, deeds of trust, liens, financing statements) must be paid by Seller and released

258 except as Seller and buyer may otherwise agree. Existing monetary encumbrances are as follows: .

259 The Property is subject to the following leases and tenancies: .

260 If the Property has been or will be subject to any governmental liens for special improvements installed at the time of signing

261 a Sale contract, Seller is responsible for payment of same, unless otherwise agreed.

262 15. EVIDENCE OF TITLE. Seller agrees to furnish buyer, at Seller’s expense, unless the parties agree in writing to a different
263 arrangement, a current commitment and an owner’s title insurance policy in an amount equal to the Purchase Price as specified in

264 the Sale contract, or if this box is checked, An Abstract of Title certified to a current date.

265 16. ASSOCIATION ASSESSMENTS. Seller represents that the amount of the regular owners’ association assessment is

266 currently payable at approximately $ per and that there are no unpaid regular or special assessments against

267 the Property except the current regular assessments and except . Seller agrees to promptly

268 request the owners’ association to deliver to buyer before date of closing a current statement of assessments against the Property.

269 17. POSSESSION. Possession of the Property will be delivered to buyer as follows: ,
270 subject to leases and tenancies as described in § 14.

LC50-6-16. EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT Page 5 of 8

271 18. MATERIAL DEFECTS, DISCLOSURES AND INSPECTION.
272 18.1. Broker’s Obligations. Colorado law requires a broker to disclose to any prospective buyer all adverse material facts
273 actually known by such broker including but not limited to adverse material facts pertaining to the title to the Property and the
274 physical condition of the Property, any material defects in the Property, and any environmental hazards affecting the Property which
275 are required by law to be disclosed. These types of disclosures may include such matters as structural defects, soil conditions,
276 violations of health, zoning or building laws, and nonconforming uses and zoning variances. Seller agrees that any buyer may have
277 the Property and Inclusions inspected and authorizes Broker to disclose any facts actually known by Broker about the Property.
278 18.2. Seller’s Obligations.
279 18.2.1. Seller’s Property Disclosure Form. Disclosure of known material latent (not obvious) defects is required by
280 law. Seller Agrees Does Not Agree to provide a Seller’s Property Disclosure form completed to Seller’s current, actual
281 knowledge.
282 18.2.2. Lead-Based Paint. Unless exempt, if the improvements on the Property include one or more residential
283 dwellings for which a building permit was issued prior to January 1, 1978, a completed Lead-Based Paint Disclosure (Sales) form
284 must be signed by Seller and the real estate licensees, and given to any potential buyer in a timely manner.
285 18.2.3. Carbon Monoxide Alarms. Note: If the improvements on the Property have a fuel-fired heater or appliance, a
286 fireplace, or an attached garage and one or more rooms lawfully used for sleeping purposes (Bedroom), Seller understands that
287 Colorado law requires that Seller assure the Property has an operational carbon monoxide alarm installed within fifteen feet of the
288 entrance to each Bedroom or in a location as required by the applicable building code, prior to offering the Property for sale or lease.
289 18.2.4. Condition of Property. The Property will be conveyed in the condition existing as of the date of the sales
290 contract or lease, ordinary wear and tear excepted, unless Seller, at Seller’s sole option, agrees in writing to any repairs or other
291 work to be performed by Seller.

292

293 19. RIGHT OF PARTIES TO CANCEL.
294 19.1. Right of Seller to Cancel. In the event Broker defaults under this Seller Listing Contract, Seller has the right to cancel
295 this Seller Listing Contract, including all rights of Brokerage Firm to any compensation if the Seller Agency box is checked.
296 Examples of a Broker default include, but are not limited to (1) abandonment of Seller, (2) failure to fulfill all material obligations
297 of Broker and (3) failure to fulfill all material Uniform Duties (§ 5) or, if the Seller Agency box at the top of page 1 is checked, the
298 failure to fulfill all material Additional Duties Of Seller’s Agent (§ 6). Any rights of Seller that accrued prior to cancellation will
299 survive such cancellation.
300 19.2. Right of Broker to Cancel. Brokerage Firm may cancel this Seller Listing Contract upon written notice to Seller that
301 title is not satisfactory to Brokerage Firm. Although Broker has no obligation to investigate or inspect the Property, and no duty to
302 verify statements made, Brokerage Firm has the right to cancel this Seller Listing Contract if any of the following are
303 unsatisfactory (1) the physical condition of the Property or Inclusions, (2) any proposed or existing transportation project, road,
304 street or highway, (3) any other activity, odor or noise (whether on or off the Property) and its effect or expected effect on the
305 Property or its occupants, or (4) any facts or suspicions regarding circumstances that could psychologically impact or stigmatize
306 the Property. Additionally, Brokerage Firm has the right to cancel this Seller Listing Contract if Seller or occupant of the Property
307 fails to reasonably cooperate with Broker or Seller defaults under this Seller Listing Contract. Any rights of Brokerage Firm that
308 accrued prior to cancellation will survive such cancellation.

309 20. FORFEITURE OF PAYMENTS. In the event of a forfeiture of payments made by a buyer, the sums received will be: (1)

310 100% will be paid to Seller; (2) divided between Brokerage Firm and Seller, one-half to Brokerage Firm but not to

311 exceed the Brokerage Firm compensation agreed upon herein, and the balance to Seller; (3) Other:

312 _______________________________________________________. If no box is checked in this Section, choice (1), 100 % paid

313 to Seller, applies. Any forfeiture of payment under this section will not reduce any Brokerage Firm compensation owed, earned

314 and payable under § 7.

315 21. COST OF SERVICES AND REIMBURSEMENT. Unless otherwise agreed upon in writing, Brokerage Firm must bear all
316 expenses incurred by Brokerage Firm, if any, to market the Property and to compensate cooperating brokerage firms, if any.
317 Neither Broker nor Brokerage Firm will obtain or order any other products or services unless Seller agrees in writing to pay for
318 them promptly when due (examples: surveys, radon tests, soil tests, title reports, engineering studies, property inspections). Unless
319 otherwise agreed, neither Broker nor Brokerage Firm is obligated to advance funds for Seller. Seller must reimburse Brokerage
320 Firm for payments made by Brokerage Firm for such products or services authorized by Seller.

321 22. DISCLOSURE OF SETTLEMENT COSTS. Seller acknowledges that costs, quality, and extent of service vary between
322 different settlement service providers (e.g., attorneys, lenders, inspectors and title companies).

323 23. MAINTENANCE OF THE PROPERTY. Neither Broker nor Brokerage Firm is responsible for maintenance of the
324 Property nor are they liable for damage of any kind occurring to the Property, unless such damage is caused by their negligence or
325 intentional misconduct.

LC50-6-16. EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT Page 6 of 8

326 24. NONDISCRIMINATION. The parties agree not to discriminate unlawfully against any prospective buyer because of the
327 race, creed, color, sex, sexual orientation, marital status, familial status, physical or mental disability, handicap, religion, national
328 origin or ancestry of such person.

329 25. RECOMMENDATION OF LEGAL AND TAX COUNSEL. By signing this document, Seller acknowledges that Broker
330 has advised that this document has important legal consequences and has recommended consultation with legal and tax or other
331 counsel before signing this Seller Listing Contract.

332 26. MEDIATION. If a dispute arises relating to this Seller Listing Contract, prior to or after closing, and is not resolved, the
333 parties must first proceed in good faith to submit the matter to mediation. Mediation is a process in which the parties meet with an
334 impartial person who helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. The
335 parties to the dispute must agree, in writing, before any settlement is binding. The parties will jointly appoint an acceptable
336 mediator and will share equally in the cost of such mediation. The mediation, unless otherwise agreed, will terminate in the event
337 the entire dispute is not resolved within 30 calendar days of the date written notice requesting mediation is delivered by one party
338 to the other at the other party’s last known address.

339 27. ATTORNEY FEES. In the event of any arbitration or litigation relating to this Seller Listing Contract, the arbitrator or court
340 must award to the prevailing party all reasonable costs and expenses, including attorney and legal fees.

341 28. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate
342 Commission.)
343
344
345

346 29. ATTACHMENTS. The following are a part of this Seller Listing Contract:
347
348

349 30. NO OTHER PARTY OR INTENDED BENEFICIARIES. Nothing in this Seller Listing Contract is deemed to inure to the
350 benefit of any person other than Seller, Broker and Brokerage Firm.

351 31. NOTICE, DELIVERY AND CHOICE OF LAW.
352 31.1. Physical Delivery. All notices must be in writing, except as provided in § 31.2. Any document, including a signed
353 document or notice, delivered to the other party to this Seller Listing Contract, is effective upon physical receipt. Delivery to Seller
354 is effective when physically received by Seller, any signator on behalf of Seller, any named individual of Seller or representative
355 of Seller.
356 31.2. Electronic Delivery. As an alternative to physical delivery, any document, including a signed document or written
357 notice, may be delivered in electronic form only by the following indicated methods: Facsimile Email Internet. If no
358 box is checked, this § 31.2 is not applicable and § 31.1 governs notice and delivery. Documents with original signatures will be
359 provided upon request of any party.
360 31.3. Choice of Law. This Seller Listing Contract and all disputes arising hereunder are governed by and construed in
361 accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in this state
362 for property located in Colorado.

363 32. MODIFICATION OF THIS SELLER LISTING CONTRACT. No subsequent modification of any of the terms of this
364 Seller Listing Contract is valid, binding upon the parties, or enforceable unless made in writing and signed by the parties.

365 33. COUNTERPARTS. This Seller Listing Contract may be executed by each of the parties, separately, and when so executed
366 by all the parties, such copies taken together are deemed to be a full and complete contract between the parties.

367 34. ENTIRE AGREEMENT. This agreement constitutes the entire contract between the parties, and any prior agreements,
368 whether oral or written, have been merged and integrated into this Seller Listing Contract.

369 35. COPY OF CONTRACT. Seller acknowledges receipt of a copy of this Seller Listing Contract signed by Broker, including
370 all attachments.

371 Brokerage Firm authorizes Broker to execute this Seller Listing Contract on behalf of Brokerage Firm.

LC50-6-16. EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT Page 7 of 8

Seller’s Name: Broker’s Name: Date
Seller’s Signature
Address: Date Broker’s Signature
Phone No.: Address:
Fax No.:
Electronic Address: Phone No.:
Fax No.:
372 Electronic Address:

Brokerage
Firm’s Name:
Address:

Phone No.:
Fax No.:
Electronic Address:

LC50-6-16. EXCLUSIVE RIGHT-TO-SELL LISTING CONTRACT Page 8 of 8

The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission.
(DD25 5-09) (Mandatory 7-09)

DIFFERENT BROKERAGE RELATIONSHIPS ARE AVAILABLE WHICH INCLUDE SELLER AGENCY,
BUYER AGENCY OR TRANSACTION-BROKERAGE.

DEFINITIONS OF WORKING RELATIONSHIPS

For purposes of this document, seller also means “landlord” (which includes sublandlord) and buyer also means “tenant”
(which includes subtenant).

Seller’s Agent: A seller’s agent (or listing agent) works solely on behalf of the seller to promote the interests of the seller
with the utmost good faith, loyalty and fidelity. The agent negotiates on behalf of and acts as an advocate for the seller.
The seller’s agent must disclose to potential buyers all adverse material facts actually known by the seller’s agent about the
property. A separate written listing agreement is required which sets forth the duties and obligations of the broker and the
seller.

Buyer’s Agent: A buyer’s agent works solely on behalf of the buyer to promote the interests of the buyer with the utmost
good faith, loyalty and fidelity. The agent negotiates on behalf of and acts as an advocate for the buyer. The buyer’s agent must
disclose to potential sellers all adverse material facts actually known by the buyer’s agent including the buyer’s financial
ability to perform the terms of the transaction and, if a residential property, whether the buyer intends to occupy the property.
A separate written buyer agency agreement is required which sets forth the duties and obligations of the broker and the buyer.

Transaction-Broker: A transaction-broker assists the buyer or seller or both throughout a real estate transaction by
performing terms of any written or oral agreement, fully informing the parties, presenting all offers and assisting the parties
with any contracts, including the closing of the transaction without being an agent or advocate for any of the parties. A
transaction-broker must use reasonable skill and care in the performance of any oral or written agreement, and must make the
same disclosures as agents about all adverse material facts actually known by the transaction-broker concerning a property or a
buyer’s financial ability to perform the terms of a transaction and, if a residential property, whether the buyer intends to occupy
the property. No written agreement is required.

Customer: A customer is a party to a real estate transaction with whom the broker has no brokerage relationship because
such party has not engaged or employed the broker, either as the party’s agent or as the party’s transaction-broker.

THIS IS NOT A CONTRACT.

I acknowledge receipt of this document on _________________________ .

Signature Signature

On __________________________, Broker provided ____________________________________ with this document via
____________________________ and retained a copy for Broker’s records.
Brokerage Firm’s Name:

Broker

DD25-5-09. DEFINITIONS OF WORKING RELATIONSHIPS

1 The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission.
2 (CBS1-6-18) (Mandatory 1-19)
3
4 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR
5 OTHER COUNSEL BEFORE SIGNING.
6

7 CONTRACT TO BUY AND SELL REAL ESTATE
8 (RESIDENTIAL)

9
10 Date:

11 AGREEMENT

12 1. AGREEMENT. Buyer agrees to buy and Seller agrees to sell the Property described below on the terms and conditions set
13 forth in this contract (Contract).

14 2. PARTIES AND PROPERTY.

15 2.1. Buyer. (Buyer) will take title

16 to the Property described below as Joint Tenants Tenants In Common Other .

17 2.2. No Assignability. This Contract IS NOT assignable by Buyer unless otherwise specified in Additional Provisions.

18 2.3. Seller. (Seller) is the current
, Colorado:
19 owner of the Property described below.
,
20 2.4. Property. The Property is the following legally described real estate in the County of Zip

21

22

23

24

25

26 known as No.

27 Street Address City State

28 together with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant thereto and all interest of

29 Seller in vacated streets and alleys adjacent thereto, except as herein excluded (Property).

30 2.5. Inclusions. The Purchase Price includes the following items (Inclusions):
31 2.5.1. Inclusions – Attached. If attached to the Property on the date of this Contract, the following items are

32 included unless excluded under Exclusions: lighting, heating, plumbing, ventilating and air conditioning units, TV antennas, inside

33 telephone, network and coaxial (cable) wiring and connecting blocks/jacks, plants, mirrors, floor coverings, intercom systems,

34 built-in kitchen appliances, sprinkler systems and controls, built-in vacuum systems (including accessories) and garage door

35 openers (including _______ remote controls). If checked, the following are owned by the Seller and included (leased items should

36 be listed under Due Diligence Documents): None Solar Panels Water Softeners Security Systems Satellite

37 Systems (including satellite dishes). If any additional items are attached to the Property after the date of this Contract, such

38 additional items are also included in the Purchase Price.
39 2.5.2. Inclusions – Not Attached. If on the Property, whether attached or not, on the date of this Contract, the

40 following items are included unless excluded under Exclusions: storm windows, storm doors, window and porch shades, awnings,

41 blinds, screens, window coverings and treatments, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates,

42 heating stoves, storage sheds, carbon monoxide alarms, smoke/fire detectors and all keys.
43 2.5.3. Personal Property – Conveyance. Any personal property must be conveyed at Closing by Seller free and

44 clear of all taxes (except personal property taxes for the year of Closing), liens and encumbrances, except .

45 Conveyance of all personal property will be by bill of sale or other applicable legal instrument.

46 2.5.4. Other Inclusions. The following items, whether fixtures or personal property, are also included in the

47 Purchase Price:

48

49

50

51

52 If the box is checked, Buyer and Seller have concurrently entered into a separate agreement for additional

53 personal property outside of this Contract.

CBS1-6-18. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 1 of 18

54 2.5.5. Parking and Storage Facilities. The use or ownership of the following parking facilities:

55 ; and the use or ownership of the following storage facilities: .

56 Note to Buyer: If exact rights to the parking and storage facilities is a concern to Buyer, Buyer should investigate.

57 2.6. Exclusions. The following items are excluded (Exclusions):

58

59

60

61 2.7. Water Rights/Well Rights.

62 2.7.1. Deeded Water Rights. The following legally described water rights:

63

64

65

66 Any deeded water rights will be conveyed by a good and sufficient deed at Closing.

67 2.7.2. Other Rights Relating to Water. The following rights relating to water not included in §§ 2.7.1, 2.7.3 and

68 2.7.4, will be transferred to Buyer at Closing:

69

70

71

72 2.7.3. Well Rights. Seller agrees to supply required information to Buyer about the well. Buyer understands that
73 if the well to be transferred is a “Small Capacity Well” or a “Domestic Exempt Water Well” used for ordinary household purposes,

74 Buyer must, prior to or at Closing, complete a Change in Ownership form for the well. If an existing well has not been registered

75 with the Colorado Division of Water Resources in the Department of Natural Resources (Division), Buyer must complete a

76 registration of existing well form for the well and pay the cost of registration. If no person will be providing a closing service in

77 connection with the transaction, Buyer must file the form with the Division within sixty days after Closing. The Well Permit # is

78 .

79 2.7.4. Water Stock Certificates. The water stock certificates to be transferred at Closing are as follows:

80

81

82

83 2.7.5. Conveyance. If Buyer is to receive any rights to water pursuant to § 2.7.2 (Other Rights Relating to Water),

84 § 2.7.3 (Well Rights), or § 2.7.4 (Water Stock Certificates), Seller agrees to convey such rights to Buyer by executing the

85 applicable legal instrument at Closing.

86 3. DATES, DEADLINES AND APPLICABILITY.
87 3.1. Dates and Deadlines.

Item No. Reference Event Date or Deadline
1 § 4.3 Alternative Earnest Money Deadline

2 § 8.1, § 8.4 Title
3 § 8.2, § 8.4 Record Title Deadline
4 § 8.3 Record Title Objection Deadline
5 § 8.3 Off-Record Title Deadline
6 § 8.5 Off-Record Title Objection Deadline
7 § 8.6 Title Resolution Deadline
Right of First Refusal Deadline
8 § 7.2
9 § 7.4 Owners’ Association
Association Documents Deadline
10 § 10.1 Association Documents Termination Deadline
11 § 10.10
Seller’s Disclosures
12 § 5.1 Seller’s Property Disclosure Deadline
13 § 5.2 Lead-Based Paint Disclosure Deadline
14 § 5.3
15 § 5.3 Loan and Credit
16 § 5.4 New Loan Application Deadline
17 § 5.4 New Loan Termination Deadline
Buyer’s Credit Information Deadline
Disapproval of Buyer’s Credit Information Deadline
Existing Loan Deadline
Existing Loan Termination Deadline

CBS1-6-18. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 2 of 18

18 § 5.4 Loan Transfer Approval Deadline

19 § 4.7 Seller or Private Financing Deadline

Appraisal

20 § 6.2 Appraisal Deadline

21 § 6.2 Appraisal Objection Deadline

22 § 6.2 Appraisal Resolution Deadline

Survey

23 § 9.1 New ILC or New Survey Deadline

24 § 9.3 New ILC or New Survey Objection Deadline

25 § 9.3 New ILC or New Survey Resolution Deadline

Inspection and Due Diligence

26 § 10.3 Inspection Objection Deadline

27 § 10.3 Inspection Termination Deadline

28 § 10.3 Inspection Resolution Deadline

29 § 10.5 Property Insurance Termination Deadline

30 § 10.6 Due Diligence Documents Delivery Deadline

31 § 10.6 Due Diligence Documents Objection Deadline

32 § 10.6 Due Diligence Documents Resolution Deadline

33 § 10.7 Conditional Sale Deadline

34 § 10.10 Lead-Based Paint Termination Deadline

Closing and Possession

35 § 12.3 Closing Date

36 § 17 Possession Date

37 § 17 Possession Time

38 § 28 Acceptance Deadline Date

39 § 28 Acceptance Deadline Time

88 Note: If FHA or VA loan boxes are checked in § 4.5.3 (Loan Limitations), the Appraisal deadlines DO NOT apply to FHA
89 insured or VA guaranteed loans.

90 3.2. Applicability of Terms. Any box checked in this Contract means the corresponding provision applies. If any
91 deadline blank in § 3.1 (Dates and Deadlines) is left blank or completed with the abbreviation “N/A”, or the word “Deleted,” such
92 deadline is not applicable and the corresponding provision containing the deadline is deleted. If no box is checked in a provision
93 that contains a selection of “None”, such provision means that “None” applies.

94 The abbreviation “MEC” (mutual execution of this Contract) means the date upon which both parties have signed this Contract.

95 4. PURCHASE PRICE AND TERMS.
96 4.1. Price and Terms. The Purchase Price set forth below is payable in U.S. Dollars by Buyer as follows:

Item No. Reference Item Amount Amount
1 § 4.1 Purchase Price $
2 § 4.3 Earnest Money $
3 § 4.5 New Loan $ $
4 § 4.6 Assumption Balance $
5 § 4.7 Private Financing $
6 § 4.7 Seller Financing $
7
8 § 4.4 Cash at Closing $
9 TOTAL $
10

97 4.2. Seller Concession. At Closing, Seller will credit to Buyer $______________ (Seller Concession). The Seller
98 Concession may be used for any Buyer fee, cost, charge or expenditure to the extent the amount is allowed by the Buyer’s lender

99 and is included in the Closing Statement or Closing Disclosure at Closing. Examples of allowable items to be paid for by the
100 Seller Concession include, but are not limited to: Buyer’s closing costs, loan discount points, loan origination fees, prepaid items

101 and any other fee, cost, charge, expense or expenditure. Seller Concession is in addition to any sum Seller has agreed to pay or

102 credit Buyer elsewhere in this Contract.

CBS1-6-18. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 3 of 18

103 4.3. Earnest Money. The Earnest Money set forth in this Section, in the form of a ______________________, will be

104 payable to and held by ________________________________________ (Earnest Money Holder), in its trust account, on behalf of

105 both Seller and Buyer. The Earnest Money deposit must be tendered, by Buyer, with this Contract unless the parties mutually

106 agree to an Alternative Earnest Money Deadline for its payment. The parties authorize delivery of the Earnest Money deposit to

107 the company conducting the Closing (Closing Company), if any, at or before Closing. In the event Earnest Money Holder has

108 agreed to have interest on Earnest Money deposits transferred to a fund established for the purpose of providing affordable housing

109 to Colorado residents, Seller and Buyer acknowledge and agree that any interest accruing on the Earnest Money deposited with the

110 Earnest Money Holder in this transaction will be transferred to such fund.

111 4.3.1. Alternative Earnest Money Deadline. The deadline for delivering the Earnest Money, if other than at the

112 time of tender of this Contract, is as set forth as the Alternative Earnest Money Deadline.

113 4.3.2. Return of Earnest Money. If Buyer has a Right to Terminate and timely terminates, Buyer is entitled to

114 the return of Earnest Money as provided in this Contract. If this Contract is terminated as set forth in § 25 and, except as provided

115 in § 24 (Earnest Money Dispute), if the Earnest Money has not already been returned following receipt of a Notice to Terminate,

116 Seller agrees to execute and return to Buyer or Broker working with Buyer, written mutual instructions (e.g., Earnest Money
117 Release form), within three days of Seller’s receipt of such form.

118 4.4. Form of Funds; Time of Payment; Available Funds.

119 4.4.1. Good Funds. All amounts payable by the parties at Closing, including any loan proceeds, Cash at Closing

120 and closing costs, must be in funds that comply with all applicable Colorado laws, including electronic transfer funds, certified
121 check, savings and loan teller’s check and cashier’s check (Good Funds).

122 4.4.2. Time of Payment; Available Funds. All funds, including the Purchase Price to be paid by Buyer, must be

123 paid before or at Closing or as otherwise agreed in writing between the parties to allow disbursement by Closing Company at

124 Closing OR SUCH NONPAYING PARTY WILL BE IN DEFAULT. Buyer represents that Buyer, as of the date of this

125 Contract, Does Does Not have funds that are immediately verifiable and available in an amount not less than the amount

126 stated as Cash at Closing in § 4.1.

127 4.5. New Loan.

128 4.5.1. Buyer to Pay Loan Costs. Buyer, except as otherwise permitted in § 4.2 (Seller Concession), if applicable,
129 must timely pay Buyer’s loan costs, loan discount points, prepaid items and loan origination fees as required by lender.

130 4.5.2. Buyer May Select Financing. Buyer may pay in cash or select financing appropriate and acceptable to

131 Buyer, including a different loan than initially sought, except as restricted in § 4.5.3 (Loan Limitations) or § 30 (Additional

132 Provisions).

133 4.5.3. Loan Limitations. Buyer may purchase the Property using any of the following types of loans:

134 Conventional FHA VA Bond Other .

135 4.5.4. Loan Estimate – Monthly Payment and Loan Costs. Buyer is advised to review the terms, conditions and

136 costs of Buyer’s New Loan carefully. If Buyer is applying for a residential loan, the lender generally must provide Buyer with a

137 Loan Estimate within three days after Buyer completes a loan application. Buyer also should obtain an estimate of the amount of
138 Buyer’s monthly mortgage payment.

139 4.6. Assumption. Buyer agrees to assume and pay an existing loan in the approximate amount of the Assumption

140 Balance set forth in § 4.1 (Price and Terms), presently payable at $______________ per ________________ including principal

141 and interest presently at the rate of ________% per annum and also including escrow for the following as indicated: Real

142 Estate Taxes Property Insurance Premium Mortgage Insurance Premium and .

143 Buyer agrees to pay a loan transfer fee not to exceed $_____________. At the time of assumption, the new interest rate will

144 not exceed ________% per annum and the new payment will not exceed $_____________ per ________________ principal and

145 interest, plus escrow, if any. If the actual principal balance of the existing loan at Closing is less than the Assumption Balance,

146 which causes the amount of cash required from Buyer at Closing to be increased by more than $_____________, or if any other

147 terms or provisions of the loan change, Buyer has the Right to Terminate under § 25.1 on or before Closing Date.

148 Seller Will Will Not be released from liability on said loan. If applicable, compliance with the requirements for

149 release from liability will be evidenced by delivery on or before Loan Transfer Approval Deadline at Closing of an

150 appropriate letter of commitment from lender. Any cost payable for release of liability will be paid by in an amount

151 not to exceed $_____________.

152 4.7. Seller or Private Financing.

153 WARNING: Unless the transaction is exempt, federal and state laws impose licensing, other requirements and restrictions on

154 sellers and private financiers. Contract provisions on financing and financing documents, unless exempt, should be prepared by a

155 licensed Colorado attorney or licensed mortgage loan originator. Brokers should not prepare or advise the parties on the specifics

156 of financing, including whether or not a party is exempt from the law.

157 4.7.1. Seller Financing. If Buyer is to pay all or any portion of the Purchase Price with Seller financing,

158 Buyer Seller will deliver the proposed Seller financing documents to the other party on or before _________ days before

159 Seller or Private Financing Deadline.

160 4.7.1.1. Seller May Terminate. If Seller is to provide Seller financing, this Contract is conditional upon

161 Seller determining whether such financing is satisfactory to the Seller, including its payments, interest rate, terms, conditions, cost

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162 and compliance with the law. Seller has the Right to Terminate under § 25.1, on or before Seller or Private Financing Deadline,
163 if such Seller financing is not satisfactory to Seller, in Seller’s sole subjective discretion.
164 4.7.2. Buyer May Terminate. If Buyer is to pay all or any portion of the Purchase Price with Seller or private
165 financing, this Contract is conditional upon Buyer determining whether such financing is satisfactory to Buyer, including its
166 availability, payments, interest rate, terms, conditions and cost. Buyer has the Right to Terminate under § 25.1, on or before Seller
167 or Private Financing Deadline, if such Seller or private financing is not satisfactory to Buyer, in Buyer’s sole subjective
168 discretion.

169 TRANSACTION PROVISIONS

170 5. FINANCING CONDITIONS AND OBLIGATIONS.
171 5.1. New Loan Application. If Buyer is to pay all or part of the Purchase Price by obtaining one or more new loans
172 (New Loan), or if an existing loan is not to be released at Closing, Buyer, if required by such lender, must make an application
173 verifiable by such lender, on or before New Loan Application Deadline and exercise reasonable efforts to obtain such loan or
174 approval.
175 5.2. New Loan Review. If Buyer is to pay all or part of the Purchase Price with a New Loan, this Contract is conditional
176 upon Buyer determining, in Buyer’s sole subjective discretion, whether the New Loan is satisfactory to Buyer, including its
177 availability, payments, interest rate, terms, conditions and cost. This condition is for the sole benefit of Buyer. Buyer has the Right
178 to Terminate under § 25.1, on or before New Loan Termination Deadline, if the New Loan is not satisfactory to Buyer, in Buyer’s
179 sole subjective discretion. Buyer does not have a Right to Terminate based on the New Loan if the objection is based on the Appraised
180 Value (defined below) or the Lender Requirements (defined below). IF SELLER IS NOT IN DEFAULT AND DOES NOT
181 TIMELY RECEIVE BUYER’S WRITTEN NOTICE TO TERMINATE, BUYER’S EARNEST MONEY WILL BE
182 NONREFUNDABLE, except as otherwise provided in this Contract (e.g., Appraisal, Title, Survey).
183 5.3. Credit Information. If an existing loan is not to be released at Closing, this Contract is conditional (for the sole
184 benefit of Seller) upon Seller’s approval of Buyer’s financial ability and creditworthiness, which approval will be in Seller’s sole
185 subjective discretion. Accordingly: (1) Buyer must supply to Seller by Buyer’s Credit Information Deadline, at Buyer’s
186 expense, information and documents (including a current credit report) concerning Buyer’s financial, employment and credit
187 condition; (2) Buyer consents that Seller may verify Buyer’s financial ability and creditworthiness; and (3) any such information
188 and documents received by Seller must be held by Seller in confidence and not released to others except to protect Seller’s interest
189 in this transaction. If the Cash at Closing is less than as set forth in § 4.1 of this Contract, Seller has the Right to Terminate under
190 § 25.1, on or before Closing. If Seller disapproves of Buyer’s financial ability or creditworthiness, in Seller’s sole subjective
191 discretion, Seller has the Right to Terminate under § 25.1, on or before Disapproval of Buyer’s Credit Information Deadline.
192 5.4. Existing Loan Review. If an existing loan is not to be released at Closing, Seller must deliver copies of the loan
193 documents (including note, deed of trust and any modifications) to Buyer by Existing Loan Deadline. For the sole benefit of
194 Buyer, this Contract is conditional upon Buyer’s review and approval of the provisions of such loan documents. Buyer has the
195 Right to Terminate under § 25.1, on or before Existing Loan Termination Deadline, based on any unsatisfactory provision of
196 such loan documents, in Buyer’s sole subjective discretion. If the lender’s approval of a transfer of the Property is required, this
197 Contract is conditional upon Buyer obtaining such approval without change in the terms of such loan, except as set forth in § 4.6.
198 If lender’s approval is not obtained by Loan Transfer Approval Deadline, this Contract will terminate on such deadline. Seller
199 has the Right to Terminate under § 25.1, on or before Closing, in Seller’s sole subjective discretion, if Seller is to be released from
200 liability under such existing loan and Buyer does not obtain such compliance as set forth in § 4.6.

201 6. APPRAISAL PROVISIONS.
202 6.1. Appraisal Definition. An “Appraisal” is an opinion of value prepared by a licensed or certified appraiser, engaged
203 on behalf of Buyer or Buyer’s lender, to determine the Property’s market value (Appraised Value). The Appraisal may also set
204 forth certain lender requirements, replacements, removals or repairs necessary on or to the Property as a condition for the Property
205 to be valued at the Appraised Value.
206 6.2. Appraisal Condition. The applicable appraisal provision set forth below applies to the respective loan type set forth
207 in § 4.5.3, or if a cash transaction (i.e. no financing), § 6.2.1 applies.
208 6.2.1. Conventional/Other. Buyer has the right to obtain an Appraisal. If the Appraised Value is less than the
209 Purchase Price, or if the Appraisal is not received by Buyer on or before Appraisal Deadline Buyer may, on or before Appraisal
210 Objection Deadline:
211 6.2.1.1. Notice to Terminate. Notify Seller in writing, pursuant to § 25.1, that this Contract is terminated;
212 or
213 6.2.1.2. Appraisal Objection. Deliver to Seller a written objection accompanied by either a copy of the
214 Appraisal or written notice from lender that confirms the Appraised Value is less than the Purchase Price (Lender Verification).
215 6.2.1.3. Appraisal Resolution. If an Appraisal Objection is received by Seller, on or before Appraisal
216 Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Appraisal Resolution

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217 Deadline, this Contract will terminate on the Appraisal Resolution Deadline, unless Seller receives Buyer’s written withdrawal
218 of the Appraisal Objection before such termination, i.e., on or before expiration of Appraisal Resolution Deadline.
219 6.2.2. FHA. It is expressly agreed that, notwithstanding any other provisions of this Contract, the purchaser
220 (Buyer) shall not be obligated to complete the purchase of the Property described herein or to incur any penalty by forfeiture of
221 Earnest Money deposits or otherwise unless the purchaser (Buyer) has been given, in accordance with HUD/FHA or VA
222 requirements, a written statement issued by the Federal Housing Commissioner, Department of Veterans Affairs, or a Direct
223 Endorsement lender, setting forth the appraised value of the Property of not less than $______________. The purchaser (Buyer)
224 shall have the privilege and option of proceeding with the consummation of this Contract without regard to the amount of the
225 appraised valuation. The appraised valuation is arrived at to determine the maximum mortgage the Department of Housing and
226 Urban Development will insure. HUD does not warrant the value nor the condition of the Property. The purchaser (Buyer) should
227 satisfy himself/herself that the price and condition of the Property are acceptable.
228 6.2.3. VA. It is expressly agreed that, notwithstanding any other provisions of this Contract, the purchaser (Buyer)
229 shall not incur any penalty by forfeiture of Earnest Money or otherwise or be obligated to complete the purchase of the Property
230 described herein, if the Contract Purchase Price or cost exceeds the reasonable value of the Property established by the Department
231 of Veterans Affairs. The purchaser (Buyer) shall, however, have the privilege and option of proceeding with the consummation of
232 this Contract without regard to the amount of the reasonable value established by the Department of Veterans Affairs.
233 6.3. Lender Property Requirements. If the lender imposes any written requirements, replacements, removals or repairs,
234 including any specified in the Appraisal (Lender Requirements) to be made to the Property (e.g., roof repair, repainting), beyond
235 those matters already agreed to by Seller in this Contract, this Contract terminates on the earlier of three days following Seller’s
236 receipt of the Lender Requirements, or Closing, unless prior to termination: (1) the parties enter into a written agreement to
237 satisfy the Lender Requirements; (2) the Lender Requirements have been completed; or (3) the satisfaction of the Lender
238 Requirements is waived in writing by Buyer.
239 6.4. Cost of Appraisal. Cost of the Appraisal to be obtained after the date of this Contract must be timely paid by
240 Buyer Seller. The cost of the Appraisal may include any and all fees paid to the appraiser, appraisal management
241 company, lender’s agent or all three.

242 7. OWNERS’ ASSOCIATION. This Section is applicable if the Property is located within a Common Interest Community
243 and subject to the declaration (Association).
244 7.1. Common Interest Community Disclosure. THE PROPERTY IS LOCATED WITHIN A COMMON
245 INTEREST COMMUNITY AND IS SUBJECT TO THE DECLARATION FOR THE COMMUNITY. THE OWNER OF
246 THE PROPERTY WILL BE REQUIRED TO BE A MEMBER OF THE OWNERS’ ASSOCIATION FOR THE
247 COMMUNITY AND WILL BE SUBJECT TO THE BYLAWS AND RULES AND REGULATIONS OF THE
248 ASSOCIATION. THE DECLARATION, BYLAWS AND RULES AND REGULATIONS WILL IMPOSE FINANCIAL
249 OBLIGATIONS UPON THE OWNER OF THE PROPERTY, INCLUDING AN OBLIGATION TO PAY
250 ASSESSMENTS OF THE ASSOCIATION. IF THE OWNER DOES NOT PAY THESE ASSESSMENTS, THE
251 ASSOCIATION COULD PLACE A LIEN ON THE PROPERTY AND POSSIBLY SELL IT TO PAY THE DEBT. THE
252 DECLARATION, BYLAWS AND RULES AND REGULATIONS OF THE COMMUNITY MAY PROHIBIT THE
253 OWNER FROM MAKING CHANGES TO THE PROPERTY WITHOUT AN ARCHITECTURAL REVIEW BY THE
254 ASSOCIATION (OR A COMMITTEE OF THE ASSOCIATION) AND THE APPROVAL OF THE ASSOCIATION.
255 PURCHASERS OF PROPERTY WITHIN THE COMMON INTEREST COMMUNITY SHOULD INVESTIGATE THE
256 FINANCIAL OBLIGATIONS OF MEMBERS OF THE ASSOCIATION. PURCHASERS SHOULD CAREFULLY
257 READ THE DECLARATION FOR THE COMMUNITY AND THE BYLAWS AND RULES AND REGULATIONS OF
258 THE ASSOCIATION.
259 7.2. Association Documents to Buyer. Seller is obligated to provide to Buyer the Association Documents (defined
260 below), at Seller’s expense, on or before Association Documents Deadline. Seller authorizes the Association to provide the
261 Association Documents to Buyer, at Seller’s expense. Seller’s obligation to provide the Association Documents is fulfilled upon
262 Buyer’s receipt of the Association Documents, regardless of who provides such documents.
263 7.3. Association Documents. Association documents (Association Documents) consist of the following:
264 7.3.1. All Association declarations, articles of incorporation, bylaws, articles of organization, operating
265 agreements, rules and regulations, party wall agreements and the Association’s responsible governance policies adopted under
266 § 38-33.3-209.5, C.R.S.;
267 7.3.2. Minutes of: (1) the annual owners’ or members’ meeting and (2) any executive boards’ or managers’
268 meetings; such minutes include those provided under the most current annual disclosure required under § 38-33.3-209.4, C.R.S.
269 (Annual Disclosure) and minutes of meetings, if any, subsequent to the minutes disclosed in the Annual Disclosure. If none of the
270 preceding minutes exist, then the most recent minutes, if any (§§ 7.3.1 and 7.3.2, collectively, Governing Documents); and
271 7.3.3. List of all Association insurance policies as provided in the Association’s last Annual Disclosure, including,
272 but not limited to, property, general liability, association director and officer professional liability and fidelity policies. The list
273 must include the company names, policy limits, policy deductibles, additional named insureds and expiration dates of the policies
274 listed (Association Insurance Documents);

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275 7.3.4. A list by unit type of the Association’s assessments, including both regular and special assessments as
276 disclosed in the Association’s last Annual Disclosure;
277 7.3.5. The Association’s most recent financial documents which consist of: (1) the Association’s operating budget
278 for the current fiscal year, (2) the Association’s most recent annual financial statements, including any amounts held in reserve for
279 the fiscal year immediately preceding the Association’s last Annual Disclosure, (3) the results of the Association’s most recent

280 available financial audit or review, (4) list of the fees and charges (regardless of name of title of such fees or charges) that the
281 Association’s community association manager or Association will charge in connection with the Closing including, but not limited
282 to, any fee incident to the issuance of the Association’s statement of assessments (Status Letter), any rush or update fee charged for

283 the Status Letter, any record change fee or ownership record transfer fees (Record Change Fee), fees to access documents, (5) list

284 of all assessments required to be paid in advance, reserves or working capital due at Closing and (6) reserve study, if any (§§ 7.3.4

285 and 7.3.5, collectively, Financial Documents);
286 7.3.6. Any written notice from the Association to Seller of a “construction defect action” under § 38-33.3-303.5,

287 C.R.S. within the past six months and the result of whether the Association approved or disapproved such action (Construction
288 Defect Documents). Nothing in this Section limits the Seller’s obligation to disclose adverse material facts as required under §

289 10.2 (Disclosure of Adverse Material Facts; Subsequent Disclosure; Present Condition) including any problems or defects in the

290 common elements or limited common elements of the Association property.
291 7.4. Conditional on Buyer’s Review. Buyer has the right to review the Association Documents. Buyer has the Right to

292 Terminate under § 25.1, on or before Association Documents Termination Deadline, based on any unsatisfactory provision in
293 any of the Association Documents, in Buyer’s sole subjective discretion. Should Buyer receive the Association Documents after
294 Association Documents Deadline, Buyer, at Buyer’s option, has the Right to Terminate under § 25.1 by Buyer’s Notice to
295 Terminate received by Seller on or before ten days after Buyer’s receipt of the Association Documents. If Buyer does not receive
296 the Association Documents, or if Buyer’s Notice to Terminate would otherwise be required to be received by Seller after Closing
297 Date, Buyer’s Notice to Terminate must be received by Seller on or before Closing. If Seller does not receive Buyer’s Notice to

298 Terminate within such time, Buyer accepts the provisions of the Association Documents as satisfactory and Buyer waives any

299 Right to Terminate under this provision, notwithstanding the provisions of § 8.6 (Right of First Refusal or Contract Approval).

300 8. TITLE INSURANCE, RECORD TITLE AND OFF-RECORD TITLE.

301 8.1. Evidence of Record Title.
302 8.1.1. Seller Selects Title Insurance Company. If this box is checked, Seller will select the title insurance
303 company to furnish the owner’s title insurance policy at Seller’s expense. On or before Record Title Deadline, Seller must furnish
304 to Buyer, a current commitment for an owner’s title insurance policy (Title Commitment), in an amount equal to the Purchase

305 Price, or if this box is checked, an Abstract of Title certified to a current date. Seller will cause the title insurance policy to be

306 issued and delivered to Buyer as soon as practicable at or after Closing.

307 8.1.2. Buyer Selects Title Insurance Company. If this box is checked, Buyer will select the title insurance
308 company to furnish the owner’s title insurance policy at Buyer’s expense. On or before Record Title Deadline, Buyer must furnish to
309 Seller, a current commitment for owner’s title insurance policy (Title Commitment), in an amount equal to the Purchase Price.

310 If neither box in § 8.1.1 or § 8.1.2 is checked, § 8.1.1 applies.
311 8.1.3. Owner’s Extended Coverage (OEC). The Title Commitment Will Will Not contain Owner’s

312 Extended Coverage (OEC). If the Title Commitment is to contain OEC, it will commit to delete or insure over the standard
313 exceptions which relate to: (1) parties in possession, (2) unrecorded easements, (3) survey matters, (4) unrecorded mechanics’

314 liens, (5) gap period (period between the effective date and time of commitment to the date and time the deed is recorded) and (6)

315 unpaid taxes, assessments and unredeemed tax sales prior to the year of Closing. Any additional premium expense to obtain OEC

316 will be paid by Buyer Seller One-Half by Buyer and One-Half by Seller Other__________________________.

317 Regardless of whether the Contract requires OEC, the Title Insurance Commitment may not provide OEC or delete or insure over

318 any or all of the standard exceptions for OEC. The Title Insurance Company may require a New Survey or New ILC, defined

319 below, among other requirements for OEC. If the Title Insurance Commitment is not satisfactory to Buyer, Buyer has a right to

320 object under § 8.5 (Right to Object to Title, Resolution).

321 8.1.4. Title Documents. Title Documents consist of the following: (1) copies of any plats, declarations,

322 covenants, conditions and restrictions burdening the Property and (2) copies of any other documents (or, if illegible, summaries of

323 such documents) listed in the schedule of exceptions (Exceptions) in the Title Commitment furnished to Buyer (collectively, Title

324 Documents).

325 8.1.5. Copies of Title Documents. Buyer must receive, on or before Record Title Deadline, copies of all Title

326 Documents. This requirement pertains only to documents as shown of record in the office of the clerk and recorder in the county

327 where the Property is located. The cost of furnishing copies of the documents required in this Section will be at the expense of the
328 party or parties obligated to pay for the owner’s title insurance policy.

329 8.1.6. Existing Abstracts of Title. Seller must deliver to Buyer copies of any abstracts of title covering all or any
330 portion of the Property (Abstract of Title) in Seller’s possession on or before Record Title Deadline.

331 8.2. Record Title. Buyer has the right to review and object to the Abstract of Title or Title Commitment and any of the

332 Title Documents as set forth in § 8.5 (Right to Object to Title, Resolution) on or before Record Title Objection Deadline.

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333 Buyer’s objection may be based on any unsatisfactory form or content of Title Commitment or Abstract of Title, notwithstanding
334 § 13, or any other unsatisfactory title condition, in Buyer’s sole subjective discretion. If the Abstract of Title, Title Commitment or

335 Title Documents are not received by Buyer on or before the Record Title Deadline, or if there is an endorsement to the Title

336 Commitment that adds a new Exception to title, a copy of the new Exception to title and the modified Title Commitment will be

337 delivered to Buyer. Buyer has until the earlier of Closing or ten days after receipt of such documents by Buyer to review and object

338 to: (1) any required Title Document not timely received by Buyer, (2) any change to the Abstract of Title, Title Commitment or
339 Title Documents, or (3) any endorsement to the Title Commitment. If Seller receives Buyer’s Notice to Terminate or Notice of

340 Title Objection, pursuant to this § 8.2 (Record Title), any title objection by Buyer is governed by the provisions set forth in § 8.5
341 (Right to Object to Title, Resolution). If Seller has fulfilled all Seller’s obligations, if any, to deliver to Buyer all documents
342 required by § 8.1 (Evidence of Record Title) and Seller does not receive Buyer’s Notice to Terminate or Notice of Title Objection

343 by the applicable deadline specified above, Buyer accepts the condition of title as disclosed by the Abstract of Title, Title

344 Commitment and Title Documents as satisfactory.

345 8.3. Off-Record Title. Seller must deliver to Buyer, on or before Off-Record Title Deadline, true copies of all existing
346 surveys in Seller’s possession pertaining to the Property and must disclose to Buyer all easements, liens (including, without

347 limitation, governmental improvements approved, but not yet installed) or other title matters (including, without limitation, rights

348 of first refusal and options) not shown by public records, of which Seller has actual knowledge (Off-Record Matters). This Section

349 excludes any New ILC or New Survey governed under § 9 (New ILC, New Survey). Buyer has the right to inspect the Property

350 to investigate if any third party has any right in the Property not shown by public records (e.g., unrecorded easement, boundary
351 line discrepancy or water rights). Buyer’s Notice to Terminate or Notice of Title Objection of any unsatisfactory condition

352 (whether disclosed by Seller or revealed by such inspection, notwithstanding § 8.2 (Record Title) and § 13 (Transfer of Title)), in
353 Buyer’s sole subjective discretion, must be received by Seller on or before Off-Record Title Objection Deadline. If an Off-

354 Record Matter is received by Buyer after the Off-Record Title Deadline, Buyer has until the earlier of Closing or ten days after
355 receipt by Buyer to review and object to such Off-Record Matter. If Seller receives Buyer’s Notice to Terminate or Notice of Title

356 Objection pursuant to this § 8.3 (Off-Record Title), any title objection by Buyer is governed by the provisions set forth in § 8.5
357 (Right to Object to Title, Resolution). If Seller does not receive Buyer’s Notice to Terminate or Notice of Title Objection by the

358 applicable deadline specified above, Buyer accepts title subject to such Off-Record Matters and rights, if any, of third parties not

359 shown by public records of which Buyer has actual knowledge.

360 8.4. Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION

361 INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE

362 PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK

363 FOR INCREASED MILL LEVIES AND TAX TO SUPPORT THE SERVICING OF SUCH DEBT WHERE

364 CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH

365 INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYERS SHOULD INVESTIGATE THE

366 SPECIAL TAXING DISTRICTS IN WHICH THE PROPERTY IS LOCATED BY CONTACTING THE COUNTY

367 TREASURER, BY REVIEWING THE CERTIFICATE OF TAXES DUE FOR THE PROPERTY AND BY OBTAINING

368 FURTHER INFORMATION FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND

369 RECORDER, OR THE COUNTY ASSESSOR.
370 A tax certificate from the respective county treasurer listing any special taxing districts that effect the Property (Tax

371 Certificate) must be delivered to Buyer on or before Record Title Deadline. If the Property is located within a special taxing
372 district and such inclusion is unsatisfactory to Buyer, in Buyer’s sole subjective discretion, Buyer may object, on or before Record

373 Title Objection Deadline. If the Tax Certificate shows that the Property is included in a special taxing district and is received by

374 Buyer after the Record Title Deadline, Buyer has until the earlier of Closing or ten days after receipt by Buyer to review and
375 object to the Property’s inclusion in a special taxing district as unsatisfactory to Buyer.
376 8.5. Right to Object to Title, Resolution. Buyer’s right to object, in Buyer’s sole subjective discretion, to any title

377 matters includes those matters set forth in § 8.2 (Record Title), § 8.3 (Off-Record Title), § 8.4 (Special Taxing District) and § 13

378 (Transfer of Title). If Buyer objects to any title matter, on or before the applicable deadline, Buyer has the following options:
379 8.5.1. Title Objection, Resolution. If Seller receives Buyer’s written notice objecting to any title matter (Notice

380 of Title Objection) on or before the applicable deadline and if Buyer and Seller have not agreed to a written settlement thereof on

381 or before Title Resolution Deadline, this Contract will terminate on the expiration of Title Resolution Deadline, unless Seller
382 receives Buyer’s written withdrawal of Buyer’s Notice of Title Objection (i.e., Buyer’s written notice to waive objection to such

383 items and waives the Right to Terminate for that reason), on or before expiration of Title Resolution Deadline. If either the

384 Record Title Deadline or the Off-Record Title Deadline, or both, are extended pursuant to § 8.2 (Record Title), § 8.3 (Off-Record

385 Title) or § 8.4 (Special Taxing Districts), the Title Resolution Deadline also will be automatically extended to the earlier of
386 Closing or fifteen days after Buyer’s receipt of the applicable documents; or

387 8.5.2. Title Objection, Right to Terminate. Buyer may exercise the Right to Terminate under § 25.1, on or
388 before the applicable deadline, based on any title matter unsatisfactory to Buyer, in Buyer’s sole subjective discretion.

389 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

390 this Contract, Seller must promptly submit this Contract according to the terms and conditions of such right. If the holder of the

391 right of first refusal exercises such right or the holder of a right to approve disapproves this Contract, this Contract will terminate.

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392 If the right of first refusal is waived explicitly or expires, or the Contract is approved, this Contract will remain in full force and
393 effect. Seller must promptly notify Buyer in writing of the foregoing. If expiration or waiver of the right of first refusal or approval
394 of this Contract has not occurred on or before Right of First Refusal Deadline, this Contract will then terminate.
395 8.7. Title Advisory. The Title Documents affect the title, ownership and use of the Property and should be reviewed
396 carefully. Additionally, other matters not reflected in the Title Documents may affect the title, ownership and use of the Property,
397 including, without limitation, boundary lines and encroachments, set-back requirements, area, zoning, building code violations,
398 unrecorded easements and claims of easements, leases and other unrecorded agreements, water on or under the Property and
399 various laws and governmental regulations concerning land use, development and environmental matters.
400 8.7.1. OIL, GAS, WATER AND MINERAL DISCLOSURE. THE SURFACE ESTATE OF THE
401 PROPERTY MAY BE OWNED SEPARATELY FROM THE UNDERLYING MINERAL ESTATE AND TRANSFER
402 OF THE SURFACE ESTATE MAY NOT NECESSARILY INCLUDE TRANSFER OF THE MINERAL ESTATE OR
403 WATER RIGHTS. THIRD PARTIES MAY OWN OR LEASE INTERESTS IN OIL, GAS, OTHER MINERALS,
404 GEOTHERMAL ENERGY OR WATER ON OR UNDER THE SURFACE OF THE PROPERTY, WHICH INTERESTS
405 MAY GIVE THEM RIGHTS TO ENTER AND USE THE SURFACE OF THE PROPERTY TO ACCESS THE
406 MINERAL ESTATE, OIL, GAS OR WATER.
407 8.7.2. SURFACE USE AGREEMENT. THE USE OF THE SURFACE ESTATE OF THE PROPERTY TO
408 ACCESS THE OIL, GAS OR MINERALS MAY BE GOVERNED BY A SURFACE USE AGREEMENT, A
409 MEMORANDUM OR OTHER NOTICE OF WHICH MAY BE RECORDED WITH THE COUNTY CLERK AND
410 RECORDER.
411 8.7.3. OIL AND GAS ACTIVITY. OIL AND GAS ACTIVITY THAT MAY OCCUR ON OR ADJACENT
412 TO THE PROPERTY MAY INCLUDE, BUT IS NOT LIMITED TO, SURVEYING, DRILLING, WELL COMPLETION
413 OPERATIONS, STORAGE, OIL AND GAS, OR PRODUCTION FACILITIES, PRODUCING WELLS, REWORKING
414 OF CURRENT WELLS AND GAS GATHERING AND PROCESSING FACILITIES.
415 8.7.4. ADDITIONAL INFORMATION. BUYER IS ENCOURAGED TO SEEK ADDITIONAL
416 INFORMATION REGARDING OIL AND GAS ACTIVITY ON OR ADJACENT TO THE PROPERTY, INCLUDING
417 DRILLING PERMIT APPLICATIONS. THIS INFORMATION MAY BE AVAILABLE FROM THE COLORADO OIL
418 AND GAS CONSERVATION COMMISSION.
419 8.7.5. Title Insurance Exclusions. Matters set forth in this Section and others, may be excepted, excluded from,
420 or not covered by the owner’s title insurance policy.
421 8.8. Consult an Attorney. Buyer is advised to timely consult legal counsel with respect to all such matters as there are
422 strict time limits provided in this Contract (e.g., Record Title Objection Deadline and Off-Record Title Objection Deadline).

423 9. NEW ILC, NEW SURVEY.
424 9.1. New ILC or New Survey. If the box is checked, a: 1) New Improvement Location Certificate (New ILC); or,
425 2) New Survey in the form of ___________________________________________; is required and the following will apply:
426 9.1.1. Ordering of New ILC or New Survey. Seller Buyer will order the New ILC or New Survey. The
427 New ILC or New Survey may also be a previous ILC or survey that is in the above-required form, certified and updated as of a
428 date after the date of this Contract.
429 9.1.2. Payment for New ILC or New Survey. The cost of the New ILC or New Survey will be paid, on or before
430 Closing, by: Seller Buyer or:

431

432
433 9.1.3. Delivery of New ILC or New Survey. Buyer, Seller, the issuer of the Title Commitment (or the provider
434 of the opinion of title if an Abstract of Title) and _____________________ will receive a New ILC or New Survey on or before
435 New ILC or New Survey Deadline.
436 9.1.4. Certification of New ILC or New Survey. The New ILC or New Survey will be certified by the surveyor
437 to all those who are to receive the New ILC or New Survey.
438 9.2. Buyer’s Right to Waive or Change New ILC or New Survey Selection. Buyer may select a New ILC or New
439 Survey different than initially specified in this Contract if there is no additional cost to Seller or change to the New ILC or New
440 Survey Objection Deadline. Buyer may, in Buyer’s sole subjective discretion, waive a New ILC or New Survey if done prior to
441 Seller incurring any cost for the same.
442 9.3. New ILC or New Survey Objection. Buyer has the right to review and object to the New ILC or New Survey. If
443 the New ILC or New Survey is not timely received by Buyer or is unsatisfactory to Buyer, in Buyer’s sole subjective discretion,
444 Buyer may, on or before New ILC or New Survey Objection Deadline, notwithstanding § 8.3 or § 13:
445 9.3.1. Notice to Terminate. Notify Seller in writing, pursuant to § 25.1, that this Contract is terminated; or
446 9.3.2. New ILC or New Survey Objection. Deliver to Seller a written description of any matter that was to be
447 shown or is shown in the New ILC or New Survey that is unsatisfactory and that Buyer requires Seller to correct.
448 9.3.3. New ILC or New Survey Resolution. If a New ILC or New Survey Objection is received by Seller, on
449 or before New ILC or New Survey Objection Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof

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450 on or before New ILC or New Survey Resolution Deadline, this Contract will terminate on expiration of the New ILC or New
451 Survey Resolution Deadline, unless Seller receives Buyer’s written withdrawal of the New ILC or New Survey Objection before
452 such termination, i.e., on or before expiration of New ILC or New Survey Resolution Deadline.

453 DISCLOSURE, INSPECTION AND DUE DILIGENCE

454 10. PROPERTY DISCLOSURE, INSPECTION, INDEMNITY, INSURABILITY, DUE DILIGENCE AND SOURCE
455 OF WATER.
456 10.1. Seller’s Property Disclosure. On or before Seller’s Property Disclosure Deadline, Seller agrees to deliver to
457 Buyer the most current version of the applicable Colorado Real Estate Commission’s Seller’s Property Disclosure form completed
458 by Seller to Seller’s actual knowledge and current as of the date of this Contract.
459 10.2. Disclosure of Adverse Material Facts; Subsequent Disclosure; Present Condition. Seller must disclose to Buyer
460 any adverse material facts actually known by Seller as of the date of this Contract. Seller agrees that disclosure of adverse material
461 facts will be in writing. In the event Seller discovers an adverse material fact after the date of this Contract, Seller must timely
462 disclose such adverse fact to Buyer. Buyer has the Right to Terminate based on the Seller’s new disclosure on the earlier of
463 Closing or five days after Buyer’s receipt of the new disclosure. Except as otherwise provided in this Contract, Buyer
464 acknowledges that Seller is conveying the Property to Buyer in an “As Is” condition, “Where Is” and “With All Faults.”
465 10.3. Inspection. Unless otherwise provided in this Contract, Buyer, acting in good faith, has the right to have inspections
466 (by one or more third parties, personally or both) of the Property and Inclusions (Inspection), at Buyer’s expense. If (1) the
467 physical condition of the Property, including, but not limited to, the roof, walls, structural integrity of the Property, the electrical,
468 plumbing, HVAC and other mechanical systems of the Property, (2) the physical condition of the Inclusions, (3) service to the
469 Property (including utilities and communication services), systems and components of the Property (e.g., heating and plumbing),
470 (4) any proposed or existing transportation project, road, street or highway, or (5) any other activity, odor or noise (whether on or
471 off the Property) and its effect or expected effect on the Property or its occupants is unsatisfactory, in Buyer’s sole subjective
472 discretion, Buyer may:
473 10.3.1. Inspection Objection. On or before the Inspection Objection Deadline, deliver to Seller a written
474 description of any unsatisfactory condition that Buyer requires Seller to correct; or
475 10.3.2. Terminate. On or before the Inspection Termination Deadline, notify Seller in writing, pursuant to §
476 25.1, that this Contract is terminated due to any unsatisfactory condition. Inspection Termination Deadline will be on the
477 earlier of Inspection Resolution Deadline or the date specified in § 3.1 for Inspection Termination Deadline.
478 10.3.3. Inspection Resolution. If an Inspection Objection is received by Seller, on or before Inspection Objection
479 Deadline and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Inspection Resolution Deadline,
480 this Contract will terminate on Inspection Resolution Deadline unless Seller receives Buyer’s written withdrawal of the
481 Inspection Objection before such termination, i.e., on or before expiration of Inspection Resolution Deadline.
482 10.4. Damage, Liens and Indemnity. Buyer, except as otherwise provided in this Contract or other written agreement
483 between the parties, is responsible for payment for all inspections, tests, surveys, engineering reports, or other reports performed at
484 Buyer’s request (Work) and must pay for any damage that occurs to the Property and Inclusions as a result of such Work. Buyer
485 must not permit claims or liens of any kind against the Property for Work performed on the Property. Buyer agrees to indemnify,
486 protect and hold Seller harmless from and against any liability, damage, cost or expense incurred by Seller and caused by any such
487 Work, claim, or lien. This indemnity includes Seller’s right to recover all costs and expenses incurred by Seller to defend against
488 any such liability, damage, cost or expense, or to enforce this Section, including Seller’s reasonable attorney fees, legal fees and
489 expenses. The provisions of this Section survive the termination of this Contract. This § 10.4 does not apply to items performed
490 pursuant to an Inspection Resolution.
491 10.5. Insurability. Buyer has the right to review and object to the availability, terms and conditions of and premium for
492 property insurance (Property Insurance). Buyer has the Right to Terminate under § 25.1, on or before Property Insurance
493 Termination Deadline, based on any unsatisfactory provision of the Property Insurance, in Buyer’s sole subjective discretion.
494 10.6. Due Diligence.
495 10.6.1. Due Diligence Documents. If the respective box is checked, Seller agrees to deliver copies of the following
496 documents and information pertaining to the Property (Due Diligence Documents) to Buyer on or before Due Diligence
497 Documents Delivery Deadline:
498 10.6.1.1. All current leases, including any amendments or other occupancy agreements, pertaining to the
499 Property. Those leases or other occupancy agreements pertaining to the Property that survive Closing are as follows (Leases):

500

501
502 10.6.1.2. Other documents and information:

503

504

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505 10.6.2. Due Diligence Documents Review and Objection. Buyer has the right to review and object to Due
506 Diligence Documents. If the Due Diligence Documents are not supplied to Buyer or are unsatisfactory, in Buyer’s sole subjective
507 discretion, Buyer may, on or before Due Diligence Documents Objection Deadline:
508 10.6.2.1. Notice to Terminate. Notify Seller in writing, pursuant to § 25.1, that this Contract is
509 terminated; or
510 10.6.2.2. Due Diligence Documents Objection. Deliver to Seller a written description of any
511 unsatisfactory Due Diligence Documents that Buyer requires Seller to correct.
512 10.6.2.3. Due Diligence Documents Resolution. If a Due Diligence Documents Objection is received by
513 Seller, on or before Due Diligence Documents Objection Deadline and if Buyer and Seller have not agreed in writing to a
514 settlement thereof on or before Due Diligence Documents Resolution Deadline, this Contract will terminate on Due Diligence
515 Documents Resolution Deadline unless Seller receives Buyer’s written withdrawal of the Due Diligence Documents Objection
516 before such termination, i.e., on or before expiration of Due Diligence Documents Resolution Deadline.
517 10.7. Conditional Upon Sale of Property. This Contract is conditional upon the sale and closing of that certain property
518 owned by Buyer and commonly known as ___________________________________________. Buyer has the Right to Terminate
519 under § 25.1 effective upon Seller’s receipt of Buyer’s Notice to Terminate on or before Conditional Sale Deadline if such
520 property is not sold and closed by such deadline. This Section is for the sole benefit of Buyer. If Seller does not receive Buyer’s
521 Notice to Terminate on or before Conditional Sale Deadline, Buyer waives any Right to Terminate under this provision.
522 10.8. Source of Potable Water (Residential Land and Residential Improvements Only). Buyer Does Does Not
523 acknowledge receipt of a copy of Seller’s Property Disclosure or Source of Water Addendum disclosing the source of potable water
524 for the Property. There is No Well. Buyer Does Does Not acknowledge receipt of a copy of the current well permit.
525 Note to Buyer: SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE GROUND
526 WATER. YOU MAY WISH TO CONTACT YOUR PROVIDER (OR INVESTIGATE THE DESCRIBED SOURCE) TO
527 DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER’S WATER SUPPLIES.
528 10.9. Existing Leases; Modification of Existing Leases; New Leases. [Intentionally Deleted]
529 10.10. Lead-Based Paint.
530 10.10.1. Lead-Based Paint Disclosure. Unless exempt, if the Property includes one or more residential dwellings
531 constructed or a building permit was issued prior to January 1, 1978, for the benefit of Buyer, Seller and all required real estate
532 licensees must sign and deliver to Buyer a completed Lead-Based Paint Disclosure (Sales) form on or before the Lead-Based
533 Paint Disclosure Deadline. If Buyer does not timely receive the Lead-Based Paint Disclosure, Buyer may waive the failure to
534 timely receive the Lead-Based Paint Disclosure, or Buyer may exercise Buyer’s Right to Terminate under § 25.1 by Seller’s
535 receipt of Buyer’s Notice to Terminate on or before the expiration of the Lead-Based Paint Termination Deadline.
536 10.10.2. Lead-Based Paint Assessment. If Buyer elects to conduct or obtain a risk assessment or inspection of
537 the Property for the presence of Lead-Based Paint or Lead-Based Paint hazards, Buyer has a Right to Terminate under § 25.1 by
538 Seller’s receipt of Buyer’s Notice to Terminate on or before the expiration of the Lead-Based Paint Termination Deadline. If
539 Buyer’s Notice to Terminate would otherwise be required to be received by Seller after Closing Date, Buyer’s Notice to
540 Terminate must be received by Seller on or before Closing. Buyer may elect to waive Buyer’s right to conduct or obtain a risk
541 assessment or inspection of the Property for the presence of Lead-Based Paint or Lead-Based Paint hazards. If Seller does not
542 receive Buyer’s Notice to Terminate within such time, Buyer accepts the condition of the Property relative to any Lead-Based
543 Paint as satisfactory and Buyer waives any Right to Terminate under this provision.
544 10.11. Carbon Monoxide Alarms. Note: If the improvements on the Property have a fuel-fired heater or appliance, a
545 fireplace, or an attached garage and include one or more rooms lawfully used for sleeping purposes (Bedroom), the parties
546 acknowledge that Colorado law requires that Seller assure the Property has an operational carbon monoxide alarm installed within
547 fifteen feet of the entrance to each Bedroom or in a location as required by the applicable building code.
548 10.12. Methamphetamine Disclosure. If Seller knows that methamphetamine was ever manufactured, processed, cooked,
549 disposed of, used or stored at the Property, Seller is required to disclose such fact. No disclosure is required if the Property was
550 remediated in accordance with state standards and other requirements are fulfilled pursuant to § 25-18.5-102, C.R.S., Buyer further
551 acknowledges that Buyer has the right to engage a certified hygienist or industrial hygienist to test whether the Property has ever
552 been used as a methamphetamine laboratory. Buyer has the Right to Terminate under § 25.1, upon Seller’s receipt of Buyer’s
553 written Notice to Terminate, notwithstanding any other provision of this Contract, based on Buyer’s test results that indicate the
554 Property has been contaminated with methamphetamine, but has not been remediated to meet the standards established by rules of
555 the State Board of Health promulgated pursuant to § 25-18.5-102, C.R.S. Buyer must promptly give written notice to Seller of the
556 results of the test.

557 11. TENANT ESTOPPEL STATEMENTS. [Intentionally Deleted]

558 CLOSING PROVISIONS

559 12. CLOSING DOCUMENTS, INSTRUCTIONS AND CLOSING.

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560 12.1. Closing Documents and Closing Information. Seller and Buyer will cooperate with the Closing Company to

561 enable the Closing Company to prepare and deliver documents required for Closing to Buyer and Seller and their designees. If
562 Buyer is obtaining a loan to purchase the Property, Buyer acknowledges Buyer’s lender is required to provide the Closing
563 Company, in a timely manner, all required loan documents and financial information concerning Buyer’s loan. Buyer and Seller

564 will furnish any additional information and documents required by Closing Company that will be necessary to complete this

565 transaction. Buyer and Seller will sign and complete all customary or reasonably-required documents at or before Closing.
566 12.2. Closing Instructions. Colorado Real Estate Commission’s Closing Instructions Are Are Not executed with

567 this Contract.

568 12.3. Closing. Delivery of deed from Seller to Buyer will be at closing (Closing). Closing will be on the date specified as

569 the Closing Date or by mutual agreement at an earlier date. The hour and place of Closing will be as designated by

570 ________________________________________.

571 12.4. Disclosure of Settlement Costs. Buyer and Seller acknowledge that costs, quality and extent of service vary

572 between different settlement service providers (e.g., attorneys, lenders, inspectors and title companies).

573 13. TRANSFER OF TITLE. Subject to Buyer’s compliance with the terms and provisions of this Contract, including the tender

574 of any payment due at Closing, Seller, provided another deed is not selected, must execute and deliver a good and sufficient

575 special warranty deed to Buyer, at Closing. However, if the box is checked, the parties agree to use the corresponding deed

576 instead: deed.
577 general warranty deed bargain and sale deed quit claim deed personal representative’s deed

578 13.1. Special Warranty Deed and General Warranty Deed Exceptions. If title will be conveyed using a special

579 warranty deed or a general warranty deed, title will be conveyed subject to:

580 13.1.1. General taxes for the year of Closing,

581 13.1.2. Distribution utility easements (including cable TV),

582 13.1.3. Those specifically described rights of third parties not shown by the public records of which Buyer has

583 actual knowledge and which were accepted by Buyer in accordance with § 8.3 (Off-Record Title) and § 9 (New ILC or New

584 Survey),

585 13.1.4. Inclusion of the Property within any special taxing district,
586 13.1.5. Any special assessment if the improvements were not installed as of the date of Buyer’s signature hereon,

587 whether assessed prior to or after Closing and

588 13.1.6. Other .

589 13.2. Special Warranty Deed. In addition to the requirements of § 13.1, if title will be conveyed by a special warranty

590 deed, Seller will warrant title against all persons claiming by, through or under Seller subject to those specific recorded exceptions,
591 if any, created during Seller’s ownership of the Property and described by reference to recorded documents shown as Exceptions in

592 the Title Documents that are accepted by Buyer in accordance with § 8.2 (Record Title) and described in the deed by reference to

593 the specific recording information for each recorded document.

594 13.3. General Warranty Deed. In addition to the requirements of § 13.1, if title will be conveyed by a general warranty

595 deed, Seller will warrant the title subject to those specific recorded exceptions described by reference to recorded documents

596 shown as Exceptions in the Title Documents that are accepted by Buyer in accordance with § 8.2 (Record Title) and described in

597 the deed by reference to the specific recording information for each recorded document.

598 14. PAYMENT OF LIENS AND ENCUMBRANCES. Unless agreed to by Buyer in writing, any amounts owed on any liens

599 or encumbrances securing a monetary sum, including, but not limited to, any governmental liens for special improvements
600 installed as of the date of Buyer’s signature hereon, whether assessed or not and previous years’ taxes, will be paid at or before

601 Closing by Seller from the proceeds of this transaction or from any other source.

602 15. CLOSING COSTS, CLOSING FEE, ASSOCIATION FEES AND TAXES.
603 15.1. Closing Costs. Buyer and Seller must pay, in Good Funds, their respective closing costs and all other items required
604 to be paid at Closing, except as otherwise provided herein.
605 15.2. Closing Services Fee. The fee for real estate closing services must be paid at Closing by Buyer Seller
606 One-Half by Buyer and One-Half by Seller Other _______________________________________.
607 15.3. Status Letter and Record Change Fees. At least fourteen days prior to Closing Date, Seller agrees to promptly
608 request the Association to deliver to Buyer a current Status Letter. Any fees incident to the issuance of Association’s Status Letter
609 must be paid by None Buyer Seller One-Half by Buyer and One-Half by Seller. Any Record Change Fee must
610 be paid by None Buyer Seller One-Half by Buyer and One-Half by Seller.
611 15.4. Local Transfer Tax. The Local Transfer Tax of ________% of the Purchase Price must be paid at Closing by
612 None Buyer Seller One-Half by Buyer and One-Half by Seller.
613 15.5. Private Transfer Fee. Private transfer fees and other fees due to a transfer of the Property, payable at Closing, such
614 as community association fees, developer fees and foundation fees, must be paid at Closing by None Buyer Seller

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615 One-Half by Buyer and One-Half by Seller. The Private Transfer fee, whether one or more, is for the following

616 association(s): in the total amount of % of the Purchase Price or $________________.

617 15.6. Water Transfer Fees. The Water Transfer Fees can change. The fees, as of the date of this Contract, do not exceed

618 $____________ for:

619 Water Stock/Certificates Water District

620 Augmentation Membership Small Domestic Water Company

621 and must be paid at Closing by None Buyer Seller One-Half by Buyer and One-Half by Seller.

622 15.7. Sales and Use Tax. Any sales and use tax that may accrue because of this transaction must be paid when due by

623 None Buyer Seller One-Half by Buyer and One-Half by Seller.

624 15.8. FIRPTA and Colorado Withholding.
625 15.8.1. FIRPTA. The Internal Revenue Service (IRS) may require a substantial portion of the Seller’s proceeds be

626 withheld after Closing when Seller is a foreign person. If required withholding does not occur, the Buyer could be held liable for
627 the amount of the Seller’s tax, interest and penalties. If the box in this Section is checked, Seller represents that Seller IS a

628 foreign person for purposes of U.S. income taxation. If the box in this Section is not checked, Seller represents that Seller is not a

629 foreign person for purposes of U.S. income taxation. Seller agrees to cooperate with Buyer and Closing Company to provide any
630 reasonably requested documents to verify Seller’s foreign person status. If withholding is required, Seller authorizes Closing
631 Company to withhold such amount from Seller’s proceeds. Seller should inquire with Seller’s tax advisor to determine if

632 withholding applies or if an exemption exists.
633 15.8.2. Colorado Withholding. The Colorado Department of Revenue may require a portion of the Seller’s

634 proceeds be withheld after Closing when Seller will not be a Colorado resident after Closing, if not otherwise exempt. Seller
635 agrees to cooperate with Buyer and Closing Company to provide any reasonably requested documents to verify Seller’s status. If
636 withholding is required, Seller authorizes Closing Company to withhold such amount from Seller’s proceeds. Seller should
637 inquire with Seller’s tax advisor to determine if withholding applies or if an exemption exists.

638 16. PRORATIONS AND ASSOCIATION ASSESSMENTS. The following will be prorated to the Closing Date, except as

639 otherwise provided:

640 16.1. Taxes. Personal property taxes, if any, special taxing district assessments, if any, and general real estate taxes for the

641 year of Closing, based on Taxes for the Calendar Year Immediately Preceding Closing Most Recent Mill Levy and

642 Most Recent Assessed Valuation, adjusted by any applicable qualifying seniors property tax exemption, qualifying disabled

643 veteran exemption or Other .

644 16.2. Rents. Rents based on Rents Actually Received Accrued. At Closing, Seller will transfer or credit to

645 Buyer the security deposits for all Leases assigned, or any remainder after lawful deductions and notify all tenants in writing of
646 such transfer and of the transferee’s name and address. Seller must assign to Buyer all Leases in effect at Closing and Buyer must
647 assume Seller’s obligations under such Leases.

648 16.3. Association Assessments. Current regular Association assessments and dues (Association Assessments) paid in

649 advance will be credited to Seller at Closing. Cash reserves held out of the regular Association Assessments for deferred

650 maintenance by the Association will not be credited to Seller except as may be otherwise provided by the Governing Documents.

651 Buyer acknowledges that Buyer may be obligated to pay the Association, at Closing, an amount for reserves or working capital.

652 Any special assessment assessed prior to Closing Date by the Association will be the obligation of Buyer Seller. Except
653 however, any special assessment by the Association for improvements that have been installed as of the date of Buyer’s signature

654 hereon, whether assessed prior to or after Closing, will be the obligation of Seller. Seller represents there are no unpaid regular or

655 special assessments against the Property except the current regular assessments and ______________________________.

656 Association Assessments are subject to change as provided in the Governing Documents.

657 16.4. Other Prorations. Water and sewer charges, propane, interest on continuing loan and _______________________.

658 16.5. Final Settlement. Unless otherwise agreed in writing, these prorations are final.

659 17. POSSESSION. Possession of the Property will be delivered to Buyer on Possession Date at Possession Time, subject to
660 the Leases as set forth in § 10.6.1.1.
661 If Seller, after Closing, fails to deliver possession as specified, Seller will be subject to eviction and will be additionally liable
662 to Buyer for payment of $______________ per day (or any part of a day notwithstanding § 18.1) from Possession Date and
663 Possession Time until possession is delivered.
664 Buyer represents that Buyer will occupy the Property as Buyer’s principal residence unless the following box is checked,
665 then Buyer Does Not represent that Buyer will occupy the Property as Buyer’s principal residence.

666 If the box is checked, Buyer and Seller agree to execute a Post-Closing Occupancy Agreement.

667 GENERAL PROVISIONS

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668 18. DAY; COMPUTATION OF PERIOD OF DAYS, DEADLINE.
669 18.1. Day. As used in this Contract, the term “day” means the entire day ending at 11:59 p.m., United States Mountain
670 Time (Standard or Daylight Savings, as applicable).
671 18.2. Computation of Period of Days, Deadline. In computing a period of days (e.g., three days after MEC), when the
672 ending date is not specified, the first day is excluded and the last day is included. If any deadline falls on a Saturday, Sunday or
673 federal or Colorado state holiday (Holiday), such deadline Will Will Not be extended to the next day that is not a
674 Saturday, Sunday or Holiday. Should neither box be checked, the deadline will not be extended.

675 19. CAUSES OF LOSS, INSURANCE; DAMAGE TO INCLUSIONS AND SERVICES; CONDEMNATION; AND
676 WALK-THROUGH. Except as otherwise provided in this Contract, the Property, Inclusions or both will be delivered in the
677 condition existing as of the date of this Contract, ordinary wear and tear excepted.
678 19.1. Causes of Loss, Insurance. In the event the Property or Inclusions are damaged by fire, other perils or causes of
679 loss prior to Closing (Property Damage) in an amount of not more than ten percent of the total Purchase Price and if the repair of
680 the damage will be paid by insurance (other than the deductible to be paid by Seller), then Seller, upon receipt of the insurance
681 proceeds, will use Seller’s reasonable efforts to repair the Property before Closing Date. Buyer has the Right to Terminate under
682 § 25.1, on or before Closing Date, if the Property is not repaired before Closing Date, or if the damage exceeds such sum. Should
683 Buyer elect to carry out this Contract despite such Property Damage, Buyer is entitled to a credit at Closing for all insurance
684 proceeds that were received by Seller (but not the Association, if any) resulting from damage to the Property and Inclusions, plus
685 the amount of any deductible provided for in the insurance policy. This credit may not exceed the Purchase Price. In the event
686 Seller has not received the insurance proceeds prior to Closing, the parties may agree to extend the Closing Date to have the
687 Property repaired prior to Closing or, at the option of Buyer, (1) Seller must assign to Buyer the right to the proceeds at Closing, if
688 acceptable to Seller’s insurance company and Buyer’s lender; or (2) the parties may enter into a written agreement prepared by the
689 parties or their attorney requiring the Seller to escrow at Closing from Seller’s sale proceeds the amount Seller has received and
690 will receive due to such damage, not exceeding the total Purchase Price, plus the amount of any deductible that applies to the
691 insurance claim.
692 19.2. Damage, Inclusions and Services. Should any Inclusion or service (including utilities and communication
693 services), system, component or fixture of the Property (collectively Service) (e.g., heating or plumbing), fail or be damaged
694 between the date of this Contract and Closing or possession, whichever is earlier, then Seller is liable for the repair or replacement
695 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
696 maintenance or replacement of such Inclusion or Service is not the responsibility of the Association, if any, less any insurance
697 proceeds received by Buyer covering such repair or replacement. If the failed or damaged Inclusion or Service is not repaired or
698 replaced on or before Closing or possession, whichever is earlier, Buyer has the Right to Terminate under § 25.1, on or before
699 Closing Date, or, at the option of Buyer, Buyer is entitled to a credit at Closing for the repair or replacement of such Inclusion or
700 Service. Such credit must not exceed the Purchase Price. If Buyer receives such a credit, Seller’s right for any claim against the
701 Association, if any, will survive Closing.
702 19.3. Condemnation. In the event Seller receives actual notice prior to Closing that a pending condemnation action may
703 result in a taking of all or part of the Property or Inclusions, Seller must promptly notify Buyer, in writing, of such condemnation
704 action. Buyer has the Right to Terminate under § 25.1, on or before Closing Date, based on such condemnation action, in Buyer’s
705 sole subjective discretion. Should Buyer elect to consummate this Contract despite such diminution of value to the Property and
706 Inclusions, Buyer is entitled to a credit at Closing for all condemnation proceeds awarded to Seller for the diminution in the value
707 of the Property or Inclusions but such credit will not include relocation benefits or expenses, or exceed the Purchase Price.
708 19.4. Walk-Through and Verification of Condition. Buyer, upon reasonable notice, has the right to walk through the
709 Property prior to Closing to verify that the physical condition of the Property and Inclusions complies with this Contract.
710 19.5. Home Warranty. Seller and Buyer are aware of the existence of pre-owned home warranty programs that may be
711 purchased and may cover the repair or replacement of such Inclusions.

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

715 21. TIME OF ESSENCE, DEFAULT AND REMEDIES. Time is of the essence for all dates and deadlines in this Contract.
716 This means that all dates and deadlines are strict and absolute. If any payment due, including Earnest Money, is not paid, honored
717 or tendered when due, or if any obligation is not performed timely as provided in this Contract or waived, the non-defaulting
718 party has the following remedies:
719 21.1. If Buyer is in Default:
720 21.1.1. Specific Performance. Seller may elect to cancel this Contract and all Earnest Money (whether or not paid
721 by Buyer) will be paid to Seller and retained by Seller. It is agreed that the Earnest Money is not a penalty and the Parties agree the
722 amount is fair and reasonable. Seller may recover such additional damages as may be proper. Alternatively, Seller may elect to
723 treat this Contract as being in full force and effect and Seller has the right to specific performance or damages, or both.

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724 21.1.2. Liquidated Damages, Applicable. This § 21.1.2 applies unless the box in § 21.1.1. is checked. Seller
725 may cancel this Contract. All Earnest Money (whether or not paid by Buyer) will be paid to Seller and retained by Seller. It is
726 agreed that the Earnest Money specified in § 4.1 is LIQUIDATED DAMAGES and not a penalty, which amount the parties agree
727 is fair and reasonable and (except as provided in §§ 10.4, 22, 23 and 24), said payment of Earnest Money is SELLER’S ONLY
728 REMEDY for Buyer’s failure to perform the obligations of this Contract. Seller expressly waives the remedies of specific
729 performance and additional damages.
730 21.2. If Seller is in Default: Buyer may elect to treat this Contract as canceled, in which case all Earnest Money received
731 hereunder will be returned to Buyer and Buyer may recover such damages as may be proper. Alternatively, Buyer may elect to
732 treat this Contract as being in full force and effect and Buyer has the right to specific performance or damages, or both.

733 22. LEGAL FEES, COST AND EXPENSES. Anything to the contrary herein notwithstanding, in the event of any arbitration
734 or litigation relating to this Contract, prior to or after Closing Date, the arbitrator or court must award to the prevailing party all
735 reasonable costs and expenses, including attorney fees, legal fees and expenses.

736 23. MEDIATION. If a dispute arises relating to this Contract (whether prior to or after Closing) and is not resolved, the parties
737 must first proceed, in good faith, to mediation. Mediation is a process in which the parties meet with an impartial person who helps
738 to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. Before any mediated settlement is
739 binding, the parties to the dispute must agree to the settlement, in writing. The parties will jointly appoint an acceptable mediator
740 and will share equally in the cost of such mediation. The obligation to mediate, unless otherwise agreed, will terminate if the entire
741 dispute is not resolved within thirty days of the date written notice requesting mediation is delivered by one party to the other at
742 that party’s last known address (physical or electronic as provided in § 27). Nothing in this Section prohibits either party from
743 filing a lawsuit and recording a lis pendens affecting the Property, before or after the date of written notice requesting mediation.
744 This Section will not alter any date in this Contract, unless otherwise agreed.

745 24. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder must release the Earnest
746 Money following receipt of written mutual instructions, signed by both Buyer and Seller. In the event of any controversy regarding
747 the Earnest Money, Earnest Money Holder is not required to release the Earnest Money. Earnest Money Holder, in its sole
748 subjective discretion, has several options: (1) wait for any proceeding between Buyer and Seller; (2) interplead all parties and
749 deposit Earnest Money into a court of competent jurisdiction (Earnest Money Holder is entitled to recover court costs and
750 reasonable attorney and legal fees incurred with such action); or (3) provide notice to Buyer and Seller that unless Earnest Money
751 Holder receives a copy of the Summons and Complaint or Claim (between Buyer and Seller) containing the case number of the
752 lawsuit (Lawsuit) within one hundred twenty days of Earnest Money Holder’s notice to the parties, Earnest Money Holder is
753 authorized to return the Earnest Money to Buyer. In the event Earnest Money Holder does receive a copy of the Lawsuit and has
754 not interpled the monies at the time of any Order, Earnest Money Holder must disburse the Earnest Money pursuant to the Order
755 of the Court. The parties reaffirm the obligation of § 23 (Mediation). This Section will survive cancellation or termination of this
756 Contract.

757 25. TERMINATION.
758 25.1. Right to Terminate. If a party has a right to terminate, as provided in this Contract (Right to Terminate), the
759 termination is effective upon the other party’s receipt of a written notice to terminate (Notice to Terminate), provided such written
760 notice was received on or before the applicable deadline specified in this Contract. If the Notice to Terminate is not received on or
761 before the specified deadline, the party with the Right to Terminate accepts the specified matter, document or condition as
762 satisfactory and waives the Right to Terminate under such provision.
763 25.2. Effect of Termination. In the event this Contract is terminated, all Earnest Money received hereunder will be
764 returned to Buyer and the parties are relieved of all obligations hereunder, subject to §§ 10.4, 22, 23 and 24.

765 26. ENTIRE AGREEMENT, MODIFICATION, SURVIVAL; SUCCESSORS. This Contract, its exhibits and specified
766 addenda, constitute the entire agreement between the parties relating to the subject hereof and any prior agreements pertaining
767 thereto, whether oral or written, have been merged and integrated into this Contract. No subsequent modification of any of the
768 terms of this Contract is valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. Any right
769 or obligation in this Contract that, by its terms, exists or is intended to be performed after termination or Closing survives the
770 same. Any successor to a party receives the predecessor’s benefits and obligations of this Contract.

771 27. NOTICE, DELIVERY AND CHOICE OF LAW.
772 27.1. Physical Delivery and Notice. Any document, or notice to Buyer or Seller must be in writing, except as provided in
773 § 27.2 and is effective when physically received by such party, any individual named in this Contract to receive documents or
774 notices for such party, Broker, or Brokerage Firm of Broker working with such party (except any notice or delivery after Closing
775 must be received by the party, not Broker or Brokerage Firm).

CBS1-6-18. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 15 of 18

776 27.2. Electronic Notice. As an alternative to physical delivery, any notice, may be delivered in electronic form to Buyer
777 or Seller, any individual named in this Contract to receive documents or notices for such party, Broker or Brokerage Firm of
778 Broker working with such party (except any notice or delivery after Closing must be received by the party, not Broker or
779 Brokerage Firm) at the electronic address of the recipient by facsimile, email or ______________________________________.
780 27.3. Electronic Delivery. Electronic Delivery of documents and notice may be delivered by: (1) email at the email
781 address of the recipient, (2) a link or access to a website or server provided the recipient receives the information necessary to
782 access the documents, or (3) facsimile at the facsimile number (Fax No.) of the recipient.
783 27.4. Choice of Law. This Contract and all disputes arising hereunder are governed by and construed in accordance with
784 the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado for real property
785 located in Colorado.

786 28. NOTICE OF ACCEPTANCE, COUNTERPARTS. This proposal will expire unless accepted in writing, by Buyer and
787 Seller, as evidenced by their signatures below and the offering party receives notice of such acceptance pursuant to § 27 on or
788 before Acceptance Deadline Date and Acceptance Deadline Time. If accepted, this document will become a contract between
789 Seller and Buyer. A copy of this Contract may be executed by each party, separately and when each party has executed a copy
790 thereof, such copies taken together are deemed to be a full and complete contract between the parties.

791 29. GOOD FAITH. Buyer and Seller acknowledge that each party has an obligation to act in good faith including, but not
792 limited to, exercising the rights and obligations set forth in the provisions of Financing Conditions and Obligations; Title
793 Insurance, Record Title and Off-Record Title; New ILC, New Survey; and Property Disclosure, Inspection, Indemnity,
794 Insurability, Due Diligence, and Source of Water.

795 ADDITIONAL PROVISIONS AND ATTACHMENTS

796 30. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate
797 Commission.)
798
799
800
801
802
803

804 31. OTHER DOCUMENTS.
805 31.1. The following documents are a part of this Contract:
806 31.1.1. Post-Closing Occupancy Agreement. If the Post-Closing Occupancy Agreement box is checked in § 17 the
807 Post-Closing Occupancy Agreement is a part of this Contract.
808
809
810
811 31.2. The following documents have been provided but are not a part of this Contract:
812
813
814

815 SIGNATURES
Buyer’s Name:
816
Buyer’s Name:

Buyer’s Signature Date Buyer’s Signature Date

Address: Address: Page 16 of 18

Phone No.: Phone No.:
Fax No.: Fax No.:

CBS1-6-18. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL)

Email Address: Email Address:

817 [NOTE: If this offer is being countered or rejected, do not sign this document.

Seller’s Name: Seller’s Name:

Seller’s Signature Date Seller’s Signature Date

Address: Address:

Phone No.: Phone No.:
Fax No.: Fax No.:
Email Address: Email Address:
818
END OF CONTRACT TO BUY AND SELL REAL ESTATE
819

32. BROKER’S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE.
(To be completed by Broker working with Buyer)

Broker Does Does Not acknowledge receipt of Earnest Money deposit. Broker agrees that if Brokerage Firm is the Earnest
Money Holder and, except as provided in § 24, if the Earnest Money has not already been returned following receipt of a Notice to
Terminate or other written notice of termination, Earnest Money Holder will release the Earnest Money as directed by the written
mutual instructions. Such release of Earnest Money will be made within five days of Earnest Money Holder’s receipt of the
executed written mutual instructions, provided the Earnest Money check has cleared.

Although Broker is not a party to the Contract, Broker agrees to cooperate, upon request, with any mediation requested under § 23.

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

Customer. Broker has no brokerage relationship with Buyer. See § 33 for Broker’s brokerage relationship with Seller.

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

Brokerage Firm’s Name:
Brokerage Firm’s License #:
Broker’s Name:
Broker’s License #:

Broker’s Signature Date

Address:

Phone No.:
Fax No.:
Email Address:

33. BROKER’S ACKNOWLEDGMENTS AND COMPENSATION DISCLOSURE.
(To be completed by Broker working with Seller)

Broker Does Does Not acknowledge receipt of Earnest Money deposit. Broker agrees that if Brokerage Firm is the Earnest

CBS1-6-18. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 17 of 18

Money Holder and, except as provided in § 24, if the Earnest Money has not already been returned following receipt of a Notice to

Terminate or other written notice of termination, Earnest Money Holder will release the Earnest Money as directed by the written
mutual instructions. Such release of Earnest Money will be made within five days of Earnest Money Holder’s receipt of the

executed written mutual instructions, provided the Earnest Money check has cleared.

Although Broker is not a party to the Contract, Broker agrees to cooperate, upon request, with any mediation requested under § 23.

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

Customer. Broker has no brokerage relationship with Seller. See § 32 for Broker’s brokerage relationship with Buyer.

Brokerage Firm’s compensation or commission is to be paid by Seller Buyer Other .

Brokerage Firm’s Name:
Brokerage Firm’s License #:
Broker’s Name:
Broker’s License #:

Broker’s Signature Date

Address:

Phone No.:
Fax No.:
Email Address:
820

CBS1-6-18. CONTRACT TO BUY AND SELL REAL ESTATE (RESIDENTIAL) Page 18 of 18

1 The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission.
2 (PCO70-6-16) (Mandatory 1-17)

3
4 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR
5 OTHER COUNSEL BEFORE SIGNING.

6

7 POST-CLOSING OCCUPANCY AGREEMENT

8 (Seller Rent-Back Agreement)

9
10 Note: This form is to be used only for short-term residential occupancy for a term not to exceed 60 days. A residential lease
11 must be used for a term longer than 60 days.

12 1. This Post-Closing Occupancy Agreement (Agreement) is entered into between (Seller),

13 and (Buyer), relating to the occupancy of the following legally described real estate in the

14 County of , Colorado:

15 CO (Property).
16 City State Zip
17

known as No.
Street Address

18 2. Buyer and Seller entered into that certain Contract to Buy and Sell Real Estate dated __________________, and any
19 amendments (Contract). All terms of the Contract are incorporated herein by reference. In the event of any conflict between
20 this Agreement and the Contract, this Agreement controls, subject to subsequent amendments to the Contract or this
21 Agreement. This Agreement is conditional upon Closing. If Closing does not occur this Agreement is terminated.

22 3. Seller may retain possession of the Property from date of Closing to ________ days after Closing, not to exceed 60 days
23 (Term). Provided however, upon 5 days written notice to Buyer, the Term will automatically adjust to the last day of Seller’s
24 possession of the Property if Seller vacates the Property early. Notice must be provided to the address, fax number or email
25 address of the recipient as specified below or as otherwise specified, in writing, by the recipient. Seller agrees to use the
26 Property for Seller’s personal residence only. Seller’s rights and obligations may not be transferred or assigned in whole or in
27 part, voluntarily or involuntarily. The rights and remedies of the parties under this Agreement will survive the Term.

28 4. During the Term, Seller, at Seller’s sole expense, will keep the improvements and any personal property on the Property
29 and owned by Buyer in the same condition and repair, normal wear and tear excepted, as of Closing, except as set forth in § 5.
30 Unless the services are provided by a third-party, e.g., homeowner’s association, Seller will maintain the Property as Seller
31 previously maintained the Property to include, but not limited to, landscaping, remove snow, water and mow the lawn. Seller
32 will provide timely notice to Buyer of any improvement requiring maintenance or repair.

33 5. If necessary, Buyer will, at Buyer’s sole expense, maintain, repair and replace the heating and cooling systems including
34 ventilation and ducts, plumbing, electrical wiring, roof and structural components of the Property, and all appliances in the
35 Property owned by Buyer, and the lawn sprinkler system, if any. Seller is responsible for any misuse, waste, neglect or damage
36 to the Property or personal property on the Property caused by Seller or Seller’s family or visitors after Closing.

37 6. Upon not less than 24 hours prior notice to Seller, Buyer will have access to the Property at all reasonable times and
38 Buyer, or Buyer’s designee, may enter the Property without interference or disturbing Seller’s possession of the Property.
39 However, in the event of an emergency Buyer may enter the Property without notice to Seller.

40 7. Buyer has the right, but not the obligation, to restore the Property and any items of personal property owned by Buyer to
41 the same condition of repair and cleanliness as existed at the date of this Agreement, or Closing, whichever is later, excluding
42 normal wear and tear, and, in such event, Seller will pay Buyer, in addition to the Rent, the costs of such repair or replacement.
43 Additionally, Buyer may apply Seller’s security deposit towards the cost of any such repair or replacement in accordance with
44 Colorado law.

45 8. Rent is at the rate of $____________ per day for the Term of the occupancy, payable in advance at Closing and delivery
46 of deed. Should Seller vacate before the end of the Term, the unearned rent Will Will Not be refunded to Seller.

PCO70-6-16. POST-CLOSING OCCUPANCY AGREEMENT Page 1 of 3

47 9. During the Term, Seller agrees to abide by all federal, state and local laws as well as any applicable Owner’s Association
48 rules and regulations. Seller agrees that Seller will not store or use any hazardous materials on the Property other than those
49 materials customarily used or stored for a residential home and only so as not to adversely affect coverage or cost of hazard
50 insurance on the Property.

51 10. Should Seller not timely surrender possession of the Property to Buyer, Seller will be subject to eviction and additionally
52 liable to Buyer for payment of $____________ per day from and after the Term, until possession is delivered to Buyer.

53 11. Water and sewer charges incurred for use during the Term will be paid by Seller Buyer.

54 12. Electric and gas service incurred for use during the Term will be paid by Seller Buyer. Arrangements for the final
55 reading and payments for said utilities and services may be made by either party. Any other utility or service used by Seller
56 during the Term will be paid for by Seller.

57 13. Seller Will Will Not maintain and pay the cost of (1) a Seller’s “Renters Policy” covering Seller’s personal
58 property on the Property and (2) Will Will Not maintain and pay the cost of adequate liability insurance in favor of
59 both Seller and Buyer and supply to Buyer evidence of such insurance at or before Closing. During the Term, Seller agrees to
60 indemnify and hold Buyer harmless from all injury, loss, claim or damage to any person or property caused by Seller during
61 the Term that is not paid by Seller’s insurance.

62 14. Buyer agrees to maintain and pay the cost of Homeowner’s Property Insurance Policy (which may be endorsed as a non-
63 owner occupant/Buyer) from Closing.

64 15. Seller agrees that a security deposit in the amount of $______________ will be paid to and held by Buyer
65 ________________ from Closing. The security deposit must be held and disbursed within 30 days after the Term in
66 accordance with Colorado law.

67 16. Anything to the contrary herein notwithstanding, in the event of any arbitration or litigation relating to this Agreement,
68 prior to or after the Term, the arbitrator or court must award to the prevailing party all reasonable costs and expenses, including
69 attorney fees, legal fees and expenses.

70 17. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real

71 Estate Commission.)

72

73

74

75 Buyer’s Name:
Buyer’s Name:

Buyer’s Signature Date Buyer’s Signature Date

Address: Address:

Phone No.: Phone No.:
Fax No.: Fax No.:
Email Address: Email Address:

Seller’s Name: Seller’s Name:

Seller’s Signature Date Seller’s Signature Date
Address: Address:
Phone No.: Phone No.: Page 2 of 3

PCO70-6-16. POST-CLOSING OCCUPANCY AGREEMENT

Fax No.: Fax No.:
Email Address: Email Address:
76

PCO70-6-16. POST-CLOSING OCCUPANCY AGREEMENT Page 3 of 3

1 The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission.
2 (CL8-5-19) (Mandatory 7-19)

3
4 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR
5 OTHER COUNSEL BEFORE SIGNING.
6

7 CLOSING INSTRUCTIONS

8

9 Date:

10

11 1. PARTIES, PROPERTY. , (Seller),

12 and ,

13 (Buyer), engage , (Closing

14 Company), who agrees to provide closing and settlement services in connection with the Closing of the transaction for the sale and

15 purchase of the Property

16 known as No. ,
17 Street Address
City State Zip

18 and more fully described in the Contract to Buy and Sell Real Estate, dated , including any

19 counterproposals and amendments (Contract). The Buyer’s lender may enter into separate closing instructions with the Closing

20 Company regarding the closing of the Buyer’s loan. All terms of the Contract are incorporated herein by reference. In the event of

21 any conflict between this Agreement and the Contract, this Agreement controls, subject to subsequent amendments to the Contract

22 or this Agreement.

23 2. TITLE COMMITMENT, EXCEPTIONS AND POLICY. Closing Company Agrees Does Not agree that: upon
24 completion of a satisfactory title search and examination, it will furnish a Title Insurance Commitment; and it will issue a Title
25 Insurance Policy provided that all requirements have been fulfilled. Closing Company Agrees Does Not agree to furnish
26 copies of Exceptions.

27 3. INFORMATION, CLOSING, RECORDING. Closing Company is authorized to obtain any information necessary for
28 the Closing. Closing Company agrees to, deliver and record all documents required or customarily recorded, and disburse all funds
29 pursuant to the Contract that are necessary to carry out the terms and conditions of the Contract.

30 4. PREPARATION OF DOCUMENTS. The Closing Company will prepare the necessary documents to carry out the terms
31 and conditions of the Contract to include:

32 4.1. Deed. If the deed required in the Contract is a special warranty deed, general warranty deed, bargain and sale deed
33 (excluding a personal representative’s or trustee’s deed) or a quit claim deed, the deed will be prepared in accordance with the
34 Contract by the Closing Company. However, if the Contract requires a different form of deed (e.g.: personal representative’s deed
35 or trustee’s deed) or requires that the special warranty deed or general warranty deed list exceptions other than the “statutory
36 exceptions” as defined in §38-30-113(5)(a), C.R.S., then the Buyer or Seller must provide the deed or written instructions for

37 preparation of the deed to the Closing Company for Closing. For any Buyer or Seller provided deed or written instructions for
38 preparation of the deed that requires a list of exceptions other than the “statutory exceptions”, the Buyer and Seller will hold the

39 Closing Company harmless for any causes of action arising out of the use of such deed. The parties acknowledge that the real

40 estate broker working with either the Buyer or the Seller is not responsible for reviewing or approving any deed not prepared by

41 the real estate broker.

42 4.2. Bill of Sale. If the transaction includes the sale of personal property (i.e. within the Contract or a Personal Property
43 Agreement) from the Seller to the Buyer, Seller and Buyer authorize Closing Company to prepare the bill of sale conveying the
44 personal property from the Seller to the Buyer as their scrivener. The Buyer and Seller understand that the bill of sale is a legal
45 document and it is recommended that it be reviewed and approved by their respective attorneys.

46 4.3. Closing Statement. Closing Company will prepare and deliver accurate, complete and detailed closing statements
47 to Buyer, Seller and the real estate brokers working with Buyer and Seller. Closing Statements will be prepared in accordance with
48 the Contract and written instructions from the Buyer, Seller, lender or real estate brokers so long as such written instructions are
49 not contrary to the Contract. If the written instructions are contrary to the Contract, the Buyer and Seller must execute an
50 Agreement to Amend/Extend Contract.

51 5. CLOSING FEE. Closing Company will receive a fee of $ for providing closing and
52 settlement services (Closing Fee).

No. CL8-5-19. CLOSING INSTRUCTIONS Page 1 of 3

53 6. RELEASE, DISBURSEMENT. Closing Company is not authorized to release any signed documents or things of value
54 prior to receipt and disbursement of Good Funds, except as provided in §§10, 11 and 12.

55 7. DISBURSER. Closing Company must disburse all funds, including real estate commissions, except those funds as may be
56 separately disclosed in writing to Buyer and Seller by Closing Company or Buyer’s lender on or before Closing. All parties agree
57 that no one other than the disburser can assure that payoff of loans and other disbursements will actually be made.

58 8. SELLER’S NET PROCEEDS. Seller will receive the net proceeds of Closing as indicated: Cashier’s Check, at Seller’s
59 expense Funds Electronically Transferred (wire transfer) to an account specified by Seller, at Seller’s expense Closing
60 Company’s trust account check.

61 9. WIRE AND OTHER FRAUDS. Wire and other frauds occur in real estate transactions. Anytime Buyer or Seller is
62 supplying confidential information, such as social security numbers, bank account numbers, transferring or receiving funds, Buyer
63 and Seller should provide the information in person or in another secure manner.

64 10. FAILURE OF CLOSING. If Closing or disbursement does not occur on or before Closing Date set forth in the Contract,
65 Closing Company, except as provided herein, is authorized and agrees to return all documents, monies and things of value to the
66 depositing party, upon which Closing Company will be relieved from any further duty, responsibility or liability in connection
67 with these Closing Instructions. In addition, any promissory note, deed of trust or other evidence of indebtedness signed by Buyer
68 will be voided by Closing Company, with the originals returned to Buyer and a copy to Buyer’s lender.

69 11. RETURN OF EARNEST MONEY. Except as otherwise provided in §12 (Earnest Money Dispute), if the Earnest Money
70 is being held by Closing Company and has not already been returned following receipt of a Notice to Terminate or other written
71 notice of termination, Closing Company must release the Earnest Money as directed by written mutual instructions from the Buyer
72 and the Seller. Such release of Earnest Money must be made within five days of Closing Company’s receipt of the written mutual
73 instructions signed by both Buyer and Seller, provided the Earnest Money check has cleared.

74 12. EARNEST MONEY DISPUTE. In the event of any controversy regarding the Earnest Money (notwithstanding any
75 termination of the Contract), provided Closing Company is holding the Earnest Money, Closing Company is not required to take
76 any action. Closing Company, at its option and sole subjective discretion, may: (1) await any proceeding, (2) interplead all parties
77 and deposit Earnest Money into a court of competent jurisdiction and recover court costs and reasonable attorney and legal fees, or
78 (3) provide notice to Buyer and Seller that unless Closing Company receives a copy of a Summons and Complaint or Claim
79 (between Buyer and Seller) containing the case number of the lawsuit (Lawsuit) within one hundred twenty days of Closing
80 Company’s notice to the parties, Closing Company is authorized to return the Earnest Money to Buyer. In the event Closing
81 Company does receive a copy of the Lawsuit, and has not interpled the monies at the time of any Order, Closing Company must
82 disburse the Earnest Money pursuant to the Order of the Court.

83 13. SUBSEQUENT AMENDMENTS. Any amendments to, or termination of, these Closing Instructions must be in writing
84 and signed by Buyer, Seller and Closing Company.

85 14. CHANGE IN OWNERSHIP OF WATER WELL. Within sixty days after Closing, Closing Company will submit any
86 required Change in Ownership form or registration of existing well form to the Division of Water Resources in the Department of
87 Natural Resources (Division), with as much information as is available. Closing Company is not liable for delaying Closing to
88 ensure Buyer completes any required form.

89 15. FIRPTA AND COLORADO WITHOLDING.

90 15.1. FIRPTA. Seller agrees to cooperate with Buyer and Closing Company to provide any reasonably requested
91 documents to determine Seller’s foreign person status. If withholding is required, Seller authorizes Closing Company to withhold
92 any required amount from Seller’s proceeds and remit it to the Internal Revenue Service.

93 15.2. Colorado Withholding. Seller agrees to cooperate with Closing Company to provide any reasonably requested
94 documents to determine Seller’s status. If withholding is required under Colorado law, Seller authorizes Closing Company to
95 withhold any required amount from Seller’s proceeds and remit it to the Colorado Department of Revenue.

96 16. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate
97 Commission.)
98
99
100

101 17. COUNTERPARTS. This document may be executed by each party, separately, and when each party has executed a copy,
102 such copies taken together are deemed to be a full and complete contract between the parties.

103 18. BROKER’S COPIES. Closing Company must provide, to each real estate broker in this transaction, copies of all signed
104 documents that such real estate brokers are required to maintain pursuant to the rules of the Colorado Real Estate Commission.

No. CL8-5-19. CLOSING INSTRUCTIONS Page 2 of 3

105 Closing Company is authorized by both Buyer and Seller to deliver their respective Closing Statement to one or both real estate
106 brokers involved in the transaction.

107 19. NOTICE, DELIVERY AND CHOICE OF LAW.

108 19.1. Physical Delivery and Notice. Any document, or notice to another party must be in writing, except as provided in
109 §19.2 and is effective when physically received by such party.

110 19.2. Electronic Notice. As an alternative to physical delivery, any notice, may be delivered in electronic form to another
111 party at the electronic address of the recipient by facsimile, email or ______________________________________.

112 19.3. Electronic Delivery. Electronic Delivery of documents and notice may be delivered by: (1) email at the email
113 address of the recipient, (2) a link or access to a website or server, provided the recipient receives the information necessary to
114 access the documents or (3) facsimile at the facsimile number (Fax No.) of the recipient.

115 19.4. Choice of Law. These Closing Instructions and all disputes arising hereunder are governed by and construed in
116 accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado
117 for real property located in Colorado.

Buyer’s Name: Buyer’s Name:

Buyer’s Signature Date Buyer’s Signature Date
Address: Address:

Phone No.: Phone No.:
Fax No.: Fax No.:
Email Address: Email Address:

Seller’s Name: Seller’s Name:

Seller’s Signature Date Seller’s Signature Date
Address:
Address:
Phone No.:
Fax No.: Phone No.:
Email Address: Fax No.:
Email Address:
Closing Company’s Name:

Authorized Signature Title Date

Address:

Phone No.:
Fax No.:
Email Address:

No. CL8-5-19. CLOSING INSTRUCTIONS Page 3 of 3

1 The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission.
2 (SWA35-8-10) (Mandatory 1-11)

3
4 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR
5 OTHER COUNSEL BEFORE SIGNING.
6

7 SOURCE OF WATER ADDENDUM
8 TO CONTRACT TO BUY AND SELL REAL ESTATE

9

10 Date:

11

12 1. ADDENDUM TO CONTRACT TO BUY AND SELL REAL ESTATE. This Source of Water Addendum (Addendum)

13 is made a part of that Contract to Buy and Sell Real Estate between Seller and Buyer dated (Contract),

14 for the purchase and sale of the Property

15

16 known as No. .

17 Street Address City State Zip

18

19 2. SOURCE OF POTABLE WATER. Seller discloses the following information for the source of potable water for the

20 Property:

21

22 [Select and complete 1, 2 or 3 as applicable.]

23 2.1. The Property’s source of water is a Well. Well Permit #:
24 If a well is the source of water for the Property, a copy of the current Well Permit
25 Is Is Not attached.

26
27 2.2. The Water Provider for the Property can be contacted at:

28 Name:

29 Address:

30 Web Site:

31 Phone No.:

32
33 2.3. There is neither a Well nor a Water Provider for the Property. The source of water for the Property is [describe
34 source]:

35

36

37

38
39 NOTE TO BUYER: SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON NONRENEWABLE
40 GROUND WATER. YOU MAY WISH TO CONTACT YOUR PROVIDER (OR INVESTIGATE THE DESCRIBED
41 SOURCE) TO DETERMINE THE LONG-TERM SUFFICIENCY OF THE PROVIDER’S WATER SUPPLIES.
42

Buyer Date Buyer Date

Seller Date Seller Date
43

SWA35-8-10. SOURCE OF WATER ADDENDUM TO CONTRACT TO BUY AND SELL REAL ESTATE

The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission.
(SF94-5-18) (Mandatory 1-19)

SQUARE FOOTAGE DISCLOSURE
(Residential)

This disclosure is made to Buyer and Seller pursuant to the requirements of the Colorado Real Estate
Commission and applies to improved residential real estate. Check applicable boxes below.

Property Address:

1. Licensee Measurement

Listing Licensee Has Has Not measured the square footage of the residence according to the following
standard, methodology or manner:

Standard/Methodology/Manner Date Measured Square Footage
Exterior measurement
FHA
ANSI
Local standard
Other

2. Other Source of Measurement

Listing Licensee Is Is Not providing information on square footage of the residence from another
source(s) as indicated below:

Source of Square Footage Information Date Square Footage
Prior appraisal (Date of document)

Building plans (Date of document)
Assessor’s office (Date obtained)

Other

Measurement may not be exact and is for the purpose of marketing ONLY. Measurement is not for loan, valuation
or other purposes. If exact square footage is a concern, the property should be independently measured.

Buyer and Seller are advised to verify this information. Any independent measurement or investigation should be
completed by Buyer on or before any applicable deadline in the contract.

Date: Broker
Date:
The undersigned acknowledge receipt of this disclosure.
Date:

Seller Seller
Date: Date:

Buyer Buyer

No. SF94-5-18. SQUARE FOOTAGE DISCLOSURE (Residential) Page 1 of 1

The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission.
(SPD19-6-17) (Mandatory 1-18)

THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER
COUNSEL BEFORE SIGNING.

SELLER’S PROPERTY DISCLOSURE
(RESIDENTIAL)

THIS DISCLOSURE SHOULD BE COMPLETED BY SELLER, NOT BY BROKER.

Seller states that the information contained in this Disclosure is correct to Seller’s CURRENT ACTUAL KNOWLEDGE as of this
Date. Any changes must be disclosed by Seller to Buyer promptly after discovery. Seller's failure to disclose a known material
defect may result in legal liability. If Seller has knowledge of an adverse material fact affecting the Property or occupants, it must be
disclosed whether there is a specific item on this Disclosure or not. If the Property is part of a Common Interest Community, this
Disclosure is limited to the Property or unit itself, except as stated in Section O. Broker may deliver a copy of this Disclosure to
prospective buyers.

Note: The Contract to Buy and Sell Real Estate, not this Disclosure, determines whether an item is included or excluded; if there is
an inconsistency between this Disclosure and the Contract, the Contract controls.

Date:

Property Address:

Seller:

Year Built:

I. IMPROVEMENTS

A. STRUCTURAL CONDITIONS Yes Comments
Comments
If you know of any of the following problems EVER
EXISTING check the “Yes” column:

1 Structural problems

2 Moisture and/or water problems

3 Damage due to termites, other insects, birds, animals or
rodents

4 Damage due to hail, wind, fire, flood or other casualty

5 Cracks, heaving or settling problems

6 Exterior wall or window problems

7 Exterior Artificial Stucco (EIFS)

8

9

B. ROOF If you know of any of the following problems

EVER EXISTING check the “Yes” column: Yes

1 Roof leak

2 Damage to roof

3 Skylight problems

4 Gutter or downspout problems

5 Other roof problems

6

7

SPD19-6-17. SELLER’S PROPERTY DISCLOSURE (RESIDENTIAL) Page 1 of 8