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11VVUJU f G ... __ ...•,. W~an~ COUNTERPROPOSAL July 15, 2004 To that certa{n Contract to Huy and Sell Real Estate (Vacant LandlParnt and Ranch) dated July 7, 2004 (the "Contract") by and between Southwestern Investment Group, LLC, a Colorado limited liability tympany, or its assigns ("Buyer") and the Shawn E. Wiant Living Trust ("Seller"), concern{ng certain real property toasted in Weld County, Colorado, containing 15.88 acres more or less (the exact size and legal description to ba determined by survey) (the "Property"). Tha undersigned accepts the proposed contract and its attached Exhibits, subject to the following amendments: 1. Paragraph 2 (b) shall ba modified to read as follows: b. Property The property is the following legally described real estate: (fasert legal) property contains approximately 15,88 acres more m less. The senor will be transferring all of the property it owns at this location sad the legal description may be adjusted as appropriato following the completion of a formal survey of the property. The balance of the paragraph below line 2I shall not be modified hereby. 2. Paragraph 3 (a) (4) shall have the following added to the end of the paragraph: owned by seller. 3. Paragraph 4, ]rem 1 through 7 shall be adjusted to reflect a total utchase price of ~. Item 2 shall be adjusted to reflect earnest money of~ item 6 shall be adjusted to reflect cash at closing of ~ and Item 7 shall be adjusted to reflect a fotal of ~. Paragraph 4(a) shall refer to Title America rather than Stewart Title Company. 4. Paragraph 8(d) shall be modified to read as follows: d. Rieht to Cure. If Seller recoives notice of unmerchanability of title or any other unsatisfactory title condition(s) or commitment terms as provided in section Sa or b above. Seller may use reasonable effort to wrxect said items and beaz any nominal expense to correct the same prior to closing. If such unsatisfactory title condition(s) are not corrected on or before closing, this contract shall thrn terminate; provided, however,l3uyer may, by written notice received by Seller, on or before closing, waive objection to such items. 5. Paragraph 10 (a) shall spocifically include the nature end extant of any water rights which may bo owned by Seller. Paragraph 10 (a) shall also include any and all issues under Paragraphs 4(b), (e), and (d) of the Addendum attached as Exhibit B to this contract. 6. Paragraph 14 shall reflect that the Buyer shall 6e responsible for the payment of any local transfer tax, or documentary lea, which maybe due at or after closing. 7. Paragraph li (b} shall not be applicable to tills contract. 8. Paragraph 18 (b) shall be modified to read ea follows: b, Demgga: Inclusion: Services, Should any inclusions) or service(s) (including systems and tympoaents of the property e.g. heatiag, plumbing, etc.) fail or be damaged between the date of this contract and closing or posaeseion, whichever shat] ba earlier, then Seller shall ba liable for the repatr or replacement of such inclusion(s) or service(s) with a unit of similar size, age and quality, or an equivalent credit, but only to the extent that the maintenance or replacement of such inclusion(s) or service(s) or fixture(s) dots not have a useful life beyond the date of closing. If the inclusions ,service(s), or fixture(s) has a replacement or service coat in excess o and a useful life beyond the date of closing, the inclusion(s), service(s), or fixture(s) replacement or repair cost shall be prorated over the useful life and the Seller shall receive a credit for the portion of the cost which relates to the useful life which extends beyond the date of closing. 9. Paragraph (20) shat] read as follows: If Huyer is in default; Seller may elect to treat this contract as canceled, in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller.