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<br />Re: The Sasaki Property Apri123, 2004 <br />3. INCLUSIONS AND EXCLUSIONS. <br />a. The Purchase Price includes the following items (inclusions): <br />Fixtures. If anached to the Property on the date of this contract, lighting, heating, plumbing ventilating, and air <br />conditioning fixtures, inside telephone wiring and connecting blocks!jacks, plants, mirrors, floor coverings, intercom systems, sprinkler <br />systems and controls, and N/A <br />(1) Other Inclusions. If on the Property whether attached or no[ on the date of this contract: storm windows, <br />storm doors, windows and porch shades, awnings, blinds, screens, window coverings, curtain rods, drapery rods, storage sheds, and all <br />keys. Check box if included: ~ Smoke/Fire Detectors, ~ Security System(s); and <br />Trade Fixtures. With respect to trade fixtures, Seller and Buyer agree as follows: <br />(3) Water Rights. The following legally described water rights: <br />See Exhibit B -Addendum, at Para p. 9 <br />(4) Glowing Crops. With respect to the growing crops Seller and Buyer agree as follows: <br />Seller to receive a112004 harvested crops <br />b. _ Instruments o£ Transfer. The Inclusions aze to be wnveyed at Closing free and clear of all taxes, liens and <br />encumbrances, except as provided in § 12. Conveyance shall be by bill of sale or other applicable legal instrument(s). Any water rights <br />shall be conveyed by special warranty deed or other applicable legal instruments(s). , <br />c. Exclusions. The following attached $xtures aze excluded from this sale: <br />None <br />4. PURCHASE PRICE AND TERMS. The Purchase Price set forth below shall be payable in U.S. Dollars by Buyer as <br />follows: <br />Item No. Reference Item Amount <br />1 4 Purchase Price <br />2 4a Earnest Mon <br />3 4b New Loan N/A <br />4 4c Assam lion $alance N/A <br />5 4d Se]]erorPrivateFinanan N!A <br />6 4e Cash at Clesin <br />7 TOTAL <br />** See Exhibit B -Addendum, at Parag. 5 for additional language regarding <br />Money Deposit(s), Additional Earnest Money Deposit(s) <br />a. Earnest Monev. The Earnest Money set forth in this Section, in the fomr of Check is part paymL4~t of~lre <br />Purchase Price and shall be paid to and held by a ~ check payable to- "(the "Title Combanv"), <br />applicable to purchase price and held in escrow subiecf to fhe terms and condifioas hereof , in ifs trust account, on behalf of both <br />Seller and Buyer. The parties authorize delivery of the Eamest Money deposit to the Closing Company, if any, at or before Closing. <br />b. New Loan. (Omitted as inapplicable.) <br />c. Assumption. (Omitted as inapp]ica6le.) <br />d. Seller orPrivate Financing. (Omitted as inapplicable) <br />e. Cash at Closing, All amounts paid by Buyer at Closing including Cash ai Closing, plus Buyer's closing costs, shall <br />be in funds which comply with all applicable Colorado laws, which include cash, electronic transfer funds, certi5ed check, savings and <br />loan teller's check and cashier's check (Good Funds). <br />5. FINANCING CONDITIONS ANA OBLIGATIONS. _ <br />a. Loan Application (Omitted as inapplicable.) -~ <br />b. Loan Commitment (Omitted as inapplicable) <br />~c. Credit Information. (Omitted as inapplicable.) <br />d. Existing Loan Review. (Omitted as inapplicable.) <br />6. APPRAISAL PRO VISIONS. <br />a. Appraisal Condition. This subsection a ~ Shall ~X Shall Not apply. <br />Buyer shall have the sole opfion and election to terminate this contract if the Purchase Price exceeds the Property's valuation determined <br />by an appraiser engaged by N/A .The contract shad terminate by Buyer giving SeI1er written notice of termination and either a copy <br />of such appraisal or written notice from lender which cor~rms the Property's valuation is less than the Purchase Price, received on or <br />before Appraisal Deadline (§2c), Buyer waives any right to terminate under this subsection <br />b. Cost of Appraisal Cost of any appraisal to be obtained after the daze of this contract shall be timely paid <br />by ~]X Bnyer ~ Seller. <br />7. EVIDENCE OF TITLE. <br />a. Evidence of Title; Survev. Oo or before Title Deadline (§2c), Seller shall cause to be famished to Buyer, at <br />Seller's ex ense, a current commitment for owner's title insurance policy in an amount equal to the Purchase Price or if this box is <br />checked, ~ An Abstract of title certified to a current date. If a title insurance commitment is furnished, it []X Shall ~ Shall <br />Not commit to delete or insure over the standard exceptions which relate [o: <br />(1} parties in possession, <br />No. CBS3-9-99 CONTRACT TO BUY AND SELL REAL ESTATE (VACAC7T LAND -FARM - RANC$) (Financing Sections Omitted) <br />~~ //// i <br />Buyer InitialsN``- Seller Iuina~~ ~ Page Z d'7 <br />~vy•~ <br />