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The total area of €and to be purchased and sold by this Agreement is 40 acres, more or less, together <br />with the interests, easements, rights, benefits, improvements and attached fixtures appurtenant <br />thereto, and all interest of Seller in, except as herein excluded. <br />(Attached hereto as Exhibit 1 is Pueblo County Assessor Map with Parcels identified by parcel number). <br />Inclusions <br />The Purchase Price includes the following items (Inclusions): all improvements of any kind, except that <br />Seller shall retain his personal property, furnishings and appliances i kqbich Seiler shall remove at the end <br />of his tenancy . <br />Purchase Price . <br />The purchase price shall be { :}'total for the <br />two described parcels. Said Purchase price shall be paid, on fulfillment of the expressed condition <br />precedent, at closing and as set forth below: <br />1. On acceptance and execution of this Agreement, Purchaser shall pay Seller $300 as a <br />non-refundable earnest money deposit. If Seller elects to treat this transaction as an IRC §1031 <br />exchange the parties shall cooperate to establish an escrow account with a local title company. If <br />Purchaser elects to treat this as a 1031 exchange, all payments by Purchaser shat€ be made payable to <br />the escrow account. <br />2. The balance shall be paid Seller, or at its direction, to the aforementioned escrow <br />account, within thirty (30) days after final approval by the Pueblo County Board of County <br />Commissioners (BOCC) Purchaser's request for issuance of a Spec€al Use Permit (SUP) for its property <br />located east of 44"' Lane, Pueblo County, CO. Said approval must occur within thirty-six (36) months <br />after execution of this agreement, or this agreement shall terminate. <br />3. In any event Purchaser shall have the right to terminate this Agreement on giving Seller <br />thirty (30) days written notice of its intent to terminate at any time prior to the Pueblo Board of County <br />Commissioners taking final action on Purchaser's request for issuance of a Special Use Permit within the <br />aforementioned thirty-six (36) month period, in its sole discretion. <br />4. Payment shall be in cash (good funds). The costs of closing shall be paid by Purchaser, <br />including the cost of the closing agent. Purchaser sha€1 pay the premium cost for title insurance, as more <br />fully described herein. <br />Water Rights, WeII Rights, Water and Sewer Tans <br />Purchaser shall acquire and Seller shall convey by this Agreement any and all water rights, if any so exist, <br />which run with the land. Seller shall not reserve or limit by this Agreement water rights, if any, which run <br />with and are a part of the property subject to this Agreement. Water rights, if any, shall be conveyed to <br />Purchaser by Quit Claim Deed at time of closing. <br />