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<br />REAL ESTATE CASH SALE AGREEMENT <br />This Real Estate Cash Sale Agreement ("Agreement") is executed <br />this day of 199_ by and between TOM H. CONNOLLY, <br />CHAPTER 7 TRUSTEE FOR THE ESTATE OF JAMES D. BRALEY, SR., <br />Case No.: 95-12008 RJB, with an office at 1121 Broadway, #202, <br />Boulder, Colorado 80302 ("Seller"), and <br />("Buyer") whose address is <br />For good and valuable consideration, the receipt and <br />sufficiency of which is hereby acknowledged, Buyer and Seller <br />hereby agree as follows: <br />1. Sale of Property. Seller agrees to sell and Buyer agrees <br />to purchase on the terms hereinafter stated (a) all of the real <br />property and improvements thereon and all mineral rights with <br />respect thereto owned by James D. Braley, Sr., the Debtor <br />("Debtor"), situated in the County of Douglas, State of Colorado, <br />more fully described on Exhibit A attached hereto and incorporated <br />herein by this reference ("Real Property") and (b) all water <br />rights, if any, owned by Debtor ("Water Rights") (The Real Property <br />and the Water Rights are collectively, the "Property"). <br />2. Purchase Price. Subject to the increases set forth in <br />Paragraph 4 below and the adjustments and prorations in Paragraph <br />5 below the total purchase price to be paid for the Property is <br />Dollars <br />($ ) ("Purchase Price"). On the date hereof, Buyer <br />shall deposit a check in the amount of <br />Dollars ($ ) with RE/MAX Professionals, Inc., <br />9500 West Bowles Avenue, Littleton, Colorado 80123 ("RE/MAX") with <br />instructions to place such amounts in its trust account ("Earnest <br />Money"). On the Closing Date (as hereinafter defined), RE/MAX will <br />deliver to Seller the Earnest Money in cash (via wire transfer of <br />immediately available funds), bank cashier's check or certified <br />check and Buyer will pay to Seller the balance of the Purchase <br />Price in cash (via wire transfer of immediately available funds), <br />bank cashier's check or certified check. <br />3. Sale Free and Clear of Liens. Except as provided by this <br />Agreement and an Order of the U.S. Bankruptcy Court, the sale of <br />the Property shall be free and clear of all liens, encumbrances, <br />claims, and other interests in the Property, with said liens, <br />encumbrances, claims and interests attaching to the proceeds of <br />sale, and payable as provided by Order of the U. S. Bankruptcy <br />Court. <br />4. Non-Exclusive Contract. Competitive Bids; Overbid <br />Protection of Buyer. The sale of the Real Property pursuant to <br />this Agreement is subject to competitive bids. Competing bids may <br />-1- <br />