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• III IIIIIIIIIIIIIIII •999 moray 1emleN aa ol Y <br /> I401SIA10 NOIIVWV103d ONV103NIYJ <br /> Vblb, LF: Nnr <br /> SPECIFIC PERFOR?L1NCE CONTRACT <br /> a3n13038 <br /> Parties: The par[ien to this agreement are Nottingham Sand and <br /> Gravel Company, a Colorado corporation (Purchaser) and The Brush Creek & Eagle <br /> River Company, a Colorado limited partnership (Seller) . <br /> Subject: The real property which is the subject of this agreement <br /> (Property) is that property located in the County of Eagle, State of Colorado, <br /> containing 52 acres, more or less, and described by Exhibit A attached hereto <br /> and by this reference made a part hereof. <br /> Recitals: <br /> A. Purchaser is aware that legal title to the Property is held by <br /> Eagle Ranch Company, a Colorado limited partnership. Seller's interest in the <br /> Property is an equitable interest under an assignment of Contract for Deed to <br /> Land. Said assignment, as well as the Contract for Deed, together with <br /> amendments thereto, are on file in the Clerk and Recorder's office of Eagle <br /> County, Colorado. <br /> B. Purchaser desires to purchase and Seller desires to sell the <br /> Property. <br /> NOW, THEREFORE, in consideration of and subject to the mutual <br /> commitments, terms and conditions of this agreement, the parties agree as <br /> follows: <br /> 1. Agreement to Buy and Sell. Seller agrees to sell and Purchaser <br /> agrees to purchase the Property. <br /> 2. Purchase Price and Terms of Payment. Purchaser agrees to pay to <br /> Seller a purchase price of $70,000 for the Property. The purchase price is <br /> payable in cash or certified funds. The purchase price shall be paid by <br /> paying to Seller at the time this contract is executed an earnest money deposit <br /> in the total sum of $7,000, and a final payment of $63,000 at the time of <br /> closing. <br /> 3. Possession. Upon the execution of this contract by the parties <br /> and upon tender of sum due under paragraph 2 above to the Seller, the <br /> Purchaser shall have immediate and exclusive possession of the Property, <br /> subject to the right of the Seller to reenter for breach of this contract. <br /> -- _±ax_ <br />