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/ Ls <br />!y i C i <br />of lien recorded March 2, 1993, in Book 893, Page 523, Randall and <br />Blake, Inc., v. Lucy Gloria Davis and Rimrock Coal Company [sic). <br />5, prnnPrrv Taxes and Assessments and Waste Water Permit. <br />All taxes and assessments, general and special, of every kind, <br />against the Property, for tax year 199d shall be pro rated as of <br />'S the date of the Closing between Landmark and Fishers. All such <br />rt ~ taxes and assessments for tax year 1992, unpaid as of the date of <br />the Closing, shall be paid by Rimrock or Waters, and all such taxes <br />and assessments for tax year 1993, unpaid as of the date of the <br />Closing, shall be paid by Landmark. All such taxes and assessments <br />for all subsequent years shall be paid by Fishers. For proration <br />~ purposes, the tax year shall be deemed the calendar year commencing <br />~-: January 1, 1994. If tax for the current year has not been <br />determined and levied prior to the proration date herein specified, <br />the tax rate for the previous year applicable to the Property shall <br />be employed, and the assessment base shall be the current <br />ssessment against the Property. In addition, at or prior to the <br />losing, Landmark shall provide Fishers with a waste water permit <br />obtained from the State of Colorado, in a form reasonably <br />satisfactory to Fishers. <br />7, Possession. Possession of the Property shall be <br />delivered to Fishers immediately following the Closing. If Rimrock <br />fails to deliver possession of the Property on the date specified <br />in the previous sentence, Rimrock shall be subject Co eviction and <br />shall be additionally liable to Fishers for payment of $100.00 per <br />day from the date of agreed possession until possession is <br />delivered. <br />8. Condition of and Damage to Property. The Property shall <br />be conveyed in its current condition and without warranties, as <br />provided in Paragraph 10 below. Fishers shall be liable for all <br />losses of, damages to and casualty to the Property as of the date <br />of the Closing. Fishers a ees and acknowledges tha as of the <br />date of this Agreement no other party sha ave anv obligation to <br />insure any por ion o t e Property, and that Fishers shal note <br />en i e any insurance procee resulting from any damage to the <br />Property, except to the extent that Fishers has obtained its own <br />insurance for the Property. <br />9. Convevance of Crusher. At or prior to the Closing, <br />Davis shall execute and deliver to Landmark a bill of sale, in the <br />form of Exhibit D attached hereto and incorporated herein by <br />reference, for the purpose of conveying to Landmark all of Davis's <br />right, title and interest in and to the Crusher. Landmark shall, <br />at its sole expense, take any further action that may be necessary <br />to complete the conveyance to Landmark of title to the Crusher. <br />10. No Warranties Whatsoever. THE PROPERTY SHALL BE CONVEYED <br />TO FISBERS AND THE CRUSHER SHAIS, BE CONVEYED TO LAN[ETARFC •AS ZS <br />'WHERE IS• AND 'WITH ALL FAULTS WITHOUT ANY REPRESENTATION 9R <br />-3- <br />