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AGREEMENT <br /> Date: July 31, 2014 <br /> RE: 1200 Ash Avenue <br /> Greeley, CO 80631 <br /> Buyer(or Assigns) and Seller herby agree to the following terms regarding the sale of the <br /> approximately 25.942 acres described in a Lamp Rynearson & Associates ALTA/ALSM Survey dated July <br /> 1, 2014. <br /> A Seller's northern 50' river water access easement as shown on Exhibit "C" attached will be surveyed <br /> and legally described by the Seller no later than 30 days after closing date. At time of Seller's and Buyer's <br /> agreement of that survey and legal description,the water access easement will be recorded by the <br /> Seller at the expense of the Seller. At the time the survey and legal description are available for the 50' <br /> river easement, the parties shall enter into a formal easement agreement using the said survey and legal <br /> description, which formal easement agreement ,upon full execution thereof, shall be recorded in Weld <br /> County Clerk and Recorder's office. <br /> A joint Seller/Buyer southern 30'joint use road easement access as shown on Exhibit "B" <br /> attached will be surveyed and legally described by the Seller not later than 30 days after the closing <br /> date. At the time the survey and legal description are available for the 30' road easement, the parties <br /> shall enter into a formal easement agreement using the said survey and legal description, which formal <br /> easement agreement ,upon full execution thereof and at a time agreed to by the parties, shall be <br /> recorded in Weld County Clerk and Recorder's office. <br /> At the time of Seller's and Buyer's agreement of the survey and legal description,the joint road <br /> use easement will be filed against the parcel OR an agreement approved by Buyer, or assigns, and Seller <br /> to not record the legal description until a later date to be agreed upon by the parties.This future filing <br /> will be made if and when a future revision of the exact placement of said joint use road easement is <br /> agreed upon by the parties. <br /> The language regarding the above easements in the "CONTRACT TO BUY AND SELL REAL ESTATE <br /> (LAND)" dated May 5, 2014 and the "AGREEMENTS TO AMEND/EXTEND CONTRACTS" shall survive <br /> closing and be honored by the Seller,or assigns. <br /> The parties agree that if either party fails or refuses to go forward with implementing the terms <br /> of this Agreement then the other party may enforce this agreement by specific performance or bring an <br /> action for damages, or both, and the prevailing party shall be entitled to recover reasonable attorneys <br /> fees and costs of any enforcement or damages action. <br /> AGREED: Buyer, or Assigns AGREED: Seller <br /> John D. Wheeler Date Garrett Varra Date <br /> Great Northern Properties, LLLP Varra Companies, Inc <br /> Assigns Date <br />