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Larimer County, CO
<br />ADDENDUM
<br />THIS ADDENDUM (the "Addendum ") is attached to and made a part hereof by this reference to a deed
<br />(the "Deed ") from OAKWOOD HOMES LLC, a Colorado limited liability company (the "Grantor "), and CALEB
<br />D. LIESVELD (collectively, the "Grantee "), and affect and encumbers the real property (the "Property") more
<br />particularly described in the Deed.
<br />1. Conditions to Conveyance. The conveyance of the Property from the Grantor to the Grantee is
<br />made subject to the conditions (collectively, the "Conditions ") set forth in this Addendum. By its acceptance of this
<br />Deed and the conveyance of the Property, the Grantee, for itself and its successors and assigns (collectively, the
<br />"Grantee "), accepts the Conditions of the conveyance and agrees to be bound by them. The Conditions to the
<br />conveyance of the Property are as follows:
<br />a. Disputes after Conveyance of Property. After the conveyance of the Property to the
<br />Grantee, all disputes that in any way relate to the Property (including disputes involving bodily injury and personal
<br />injury) shall be (i) resolved by arbitration as provided in paragraph Lb hereinbelow and (ii) subject to the limitation
<br />that in no event will (A) the Grantor be liable to the Grantee for consequential damages, exemplary damages, or
<br />punitive damages for a default by the Grantor in the performance of its obligations pursuant to any agreement or
<br />contract (the "Sales Agreement ") pursuant to which the Property was conveyed to the Grantee or any other
<br />agreement or contract between the Grantor and the Grantee or for any breach by Grantor of any duty of care,
<br />whether expressly stated herein or imposed by law or otherwise, or for any other claims that the Grantee may have
<br />against the Grantor and (B) the Grantee be liable to the Grantor for consequential damages, exemplary damages, or
<br />punitive damages for a default by the Grantee in the performance of its obligations pursuant to the Sales Agreement
<br />or any other agreement or contract between the Grantor or the Grantee or for any breach by Grantee of any duty of
<br />care, whether expressly stated herein or imposed by law or otherwise, or for any other claims that the Grantor may
<br />have against the Grantee.
<br />b. Arbitration. Any dispute between the Grantor and the Grantee regarding the Property
<br />shall be arbitrated as follows:
<br />i. Arbitration Sole Remedy. After conveyance of the Property to the Grantee,
<br />binding arbitration is the sole and exclusive remedy and method for resolving ALL claims, demands, disputes,
<br />controversies or differences between the Grantee and the Grantor which in any way relate to or arise out of any
<br />agreement or contract between them, the construction of the Property, or the sale of the Property, including, but not
<br />limited to, (A) events, representations, or omissions which predate the conveyance of the Property from the Grantor
<br />to the Grantee, (B) the negotiation or execution of the Sales Agreement pursuant to which the Property was
<br />conveyed to the Grantee, (C) any dispute concerning performance or nonperformance of the Sales Agreement or any
<br />other agreement or contract between the Grantor and the Grantee, (D) any dispute concerning drainage, mold, radon,
<br />or soils relating to the Property, (E) any dispute concerning any waiver or disclaimer of any warranty, or (F) any
<br />bodily injury, personal injury, property damage, or loss relating to any alleged defect in construction of the
<br />Residence.
<br />ii. Disputes Subject to Arbitration under the LIMITED WARRANTY. Any
<br />dispute between the Grantor and the Grantee that is subject to binding arbitration under the LIMITED WARRANTY
<br />shall be decided by binding arbitration as provided in the binding arbitration procedure set forth in the LIMITED
<br />WARRANTY. The demand for arbitration under the LIMITED WARRANTY shall be made in the manner and
<br />within the time provided in the LIMITED WARRANTY.
<br />iii. Disputes Not Subject to Arbitration under Home Builder's Limited Warranty.
<br />With respect to any dispute between the Grantee and the Grantor which, for any reason (including, without
<br />limitation, any determination that a specific dispute or issue is not subject to arbitration under the LIMITED
<br />WARRANTY or any determination that any term or provision of the LIMITED WARRANTY is unenforceable), is
<br />not subject to arbitration under the LIMITED WARRANTY, such dispute shall be decided by binding arbitration in
<br />accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then in effect.
<br />The demand for arbitration of any such dispute shall be filed in writing with the other party and with the American
<br />Arbitration Association. In no event shall such demand be filed after the date when institution of legal or equitable
<br />proceedings based on such demand would be barred by the applicable statute of limitations.
<br />iv. Manner of Arbitration. The Grantor and the Grantee agree that the arbitration
<br />provisions set forth in the Sales Agreement and in the LIMITED WARRANTY shall be governed by the United
<br />States Arbitration Act (9 U.S.C. §§ 1 -16).
<br />C. Surrounding Development With respect to the development of the area surrounding the
<br />subdivision in which the Property is located, the Grantor and the Grantee acknowledge and agree as follows:
<br />i. Future Development. The Grantee understands that the Grantor presently plans
<br />to develop only those residences that have already been released for sale and construction and has no obligation with
<br />respect to future development, plans, and zoning of the real property in the area of the Property. The Grantee
<br />acknowledges that amenities for the area and proposed residential, commercial, and other developments
<br />(collectively, "Future Development ") in the area surrounding the Property that may have been illustrated in the sales
<br />office of the Grantor or in materials prepared by the Grantor were based upon the Grantor's belief as of the Date of
<br />this Agreement about how such Future Development will occur.
<br />Town & Country Title Services LLC 16594
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