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Jason Byrne, HomeTrustCollective GeniusSeptember 14, 2015Tampa, Florida

Page 1 of 33 Confidential. For use by Collective Genius members only.

PAM / TC BUY to SELL SIDE TEMPLATE“Block of” Full Address: Type Info Here

Property Type: Type Info Here

Bedrooms: Type Info Here

Bathrooms: Type Info Here

Total Square Feet: Type Info Here

Addition: Type Info Here

Year Of Construction: Type Info Here

Garage: Type Info Here

Style: Type Info Here

Zoning: Type Info Here

Lot Sq Ft: Type Info Here

ARV Estimate: Type Info Here

Property “Rental” Condition: Type Info Here

Fix Estimate – Rental: Type Info Here

Fix Estimate - Flip: Type Info Here

Rent Estimate: Type Info Here

Your Buy Price: Type Info Here

Close date: Type Info Here

Comp 1: Type Info Here



Roof Condition: Type Info Here

Windows: Type Info Here

Furnace Condition: Type Info Here

Structural: Type Info Here

Mktg Narrative: Type Info Here

Showing Times/Dates: Type Info Here

Pictures: Type Info Here


PAM / TC CHECKLIST:

MOVING A FILE FROM BUY SIDE TO SELL SIDE

PREAMBLE:

1. PAM must complete this entire process the same business day the contract to buy is fully executed. Even if the contract is fully executed at 9PM. This is necessary in order to maintain our timelines.

2. Sell side has one full business day to create and approve all marketing, emails, texts.

3. We only do sell showings on Tuesday and Thursday (other days in extenuating circumstances only).

4. All showings are scheduled at 10AM. In the event that time absolutely positively cannot happen PAM must get approval from Property Coordinator (currently Hope) before fully executing the contract.

5. PAM’s are authorized to pay property occupant up to $________ per showing so long as occupants are very flexible about when showings occur and how many showings are done and are not disruptive to the folks walking through the properties.

CHECKLIST

1. <”Block of” Full Address>

a. Details: We never put the precise property address on the Internet. Simply change the last two address numbers to “0.”

i. Please follow the below format precisely, including spelling out North, South, East, West and spelling out Street, Avenue, Circle, Way, Lane, etc. This is important for search engines and mapping.

ii. Use only one comma in the address, between the address and the city. Zip code must be included.

b. Example: 1938 South Locust Street, Denver CO 80205 becomes…


i. “1900 Block of South Locust Street, Denver CO 80205”

c. Permanent accompanying text on www.HomeTrustWholesale.com: None

2. <Property Type>

a. Single family detached

b. Single family attached

c. Duplex

d. Triplex

e. 4 plex

f. Land

g. Commercial

3. <Bedrooms>

a. Details:

i. What Realist or MLS states is not relevant. Don’t use it.

ii. This is total bedroom count: Conforming & nonconforming. Upstairs & downstairs. If the room is enclosed when the door is closed – even if there is no closet but there is room for a closet – it counts as a bedroom. If a wall or closet or door can be built/installed to create a bedroom count that as a bedroom – even if the wall/closet/door is not there today. The buyer will build it…

iii. Pretend you are a landlord who wants to have as many bedrooms as possible (legal/not legal and conforming/nonconforming is not important to most landlords) in order to maximize rent. That’s our buyer, we must think like them.

iv. Think like a buyer: if a buyer can add a bedroom somehow for a few hundred dollars they will do it. That’s how they want to buy, that’s how we sell. Also count as bedroom if a closet can be added or a wall easily built or a heated porch can be converted to a bedroom.

b. Example: 2 bedrooms main level, 1 non conforming in basement = 3 bedrooms; 2 bedrooms main level, 1 non conforming in basement, and if buyer builds 1 wall in basement and adds a closet that is 1 additional basement nonconforming bedroom = 4 bedrooms.


http://www.HomeTrustWholesale.com/

c. Permanent accompanying text on www.HomeTrustWholesale.com: “Includes all existing bedrooms and bedrooms that can easily be created by adding a closet, door, etc. Some bedrooms may not have legal egress.”

4. <Bathrooms>

a. What Realist or MLS states is not relevant. Don’t use it.

b. Details: Any bathroom that has a toilet and a sink counts as 1 bathroom. If there is also a shower or tub or shower & tub it still counts as 1 bathroom. Never use ½ or ¾. It’s not relevant. If the bathroom is gutted and not usable and must be totally renovated it’s still a bathroom. If the basement has a floor drain and water in the walls and nothing else that’s not a bathroom. However note that it can be a bathroom in the notes.

c. Example: Bathroom with only sink and toilet = 1 bathroom. Bathroom with sink, toilet, and shower = 1 bathroom. Bathroom with sink, toilet, shower, and bathtub = 1 bathroom. If one house had these three bathrooms it would be a 3 bathroom house.

d. Permanent accompanying text on www.HomeTrustWholesale.com: This count includes full, ¾, and ½ baths.

5. <Total Square Feet>

a. Detail: Precision is imperative. Many homes we buy are worth $150 per square foot. Therefore a 10’ x 20’ addition, 200 square feet, can add around $30,000 to the property value.

b. Always assume there is an addition. You must play detective to find the addition. There IS an addition until you exhaust all items on this checklist. Only then can you say “no” or “suspected” addition.

c. Playing addition detective:

v. Ask the seller, look at Google Maps aerial & street view, compare footprint to other houses, look at roof peaks and find “lean to” roofed areas.

vi. When walking the property pay close attention. Look for patios and breezeways that have been enclosed. Look for exterior siding / brick that doesn’t match the rest of the house. Look for “small slope” sections of the roof, look for windows that don’t match, look for different quality of construction.

vii. When you find a suspected addition ask the seller for the facts.




viii. Finally, if you’re pretty sure it’s an addition take precise measurements with your laser measurer. $150 per sq ft…

d. Total Square Feet Computation

ix. No Addition:

1. For all counties (except Jefferson) use this number found on Realist report:

a. “Bldg Sq Ft – Total:”

i. Don't overthink this. Don’t think about finished / not finished. Don’t think about above ground / basement. Don’t think about if the garage is included. Just use that number.

ii. Put that number in <Total Square Feet>.

b. Jefferson County does not publish Bldg Sq Ft – Total. We must do the maths. These are the two lines we use:

i. “Bldg Sq Ft – Above Ground:”

ii. “Bldg Sq Ft – Basement:”

iii. Add those two numbers together. Don’t overthink it –just add the numbers together.

iv. That sum equals Bldg Sq Ft – Total.

v. Put that number in <Total Square Feet>.

x. Confirmed or Suspected Addition:

1. Compute the Bldg Sq Ft – Total using the above “No Addition” methodology.

2. Compute the approximate Addition Square Feet from your laser measurement.

3. Add these two numbers together.


4. That sum equals Bldg Sq Ft – Total.

5. Put that number in <Total Square Feet>.

e. Permanent accompanying text on www.HomeTrustWholesale.com: “Some square feet may be basement, some square feet may not be finished.”

6. <Addition>

a. Details: Here we state the facts on Yes, No, or Maybe about an addition.

b. Example:

xi. Yes – We have clear evidence there is an addition and we added our laser measurements to the public records square feet.

xii. No – There is not an addition; we used the straight public records square feet.

xiii. Maybe – We think there could be an addition however we did not add our laser measurements; we simply used straight public records square feet.

c. Permanent accompanying text on www.HomeTrustWholesale.com: “If “Yes” then estimated addition square feet have been added to public records Total Square Feet. If “No” then public records Total Square Feet was used. If “Maybe” there could be an addition however we used public records Total Square Feet.”

7. <Year Of Construction> - Realist

a. YOC

b. Details: From Realist


8. <Garage>

a. 1 Space

b. 2 Spaces

c. 3 Spaces

d. 4+ Spaces

9. <Style> - Realist or PAM Knowledge (use the best data)





a. Ranch / Raised Ranch

b. Bi-level

c. Tri/Multi-level

d. 2 or 1 ½ Story

10.<Zoning>

a. Whatever is in Realist. Do not use seller’s statements unless seller has proof.

11.<Lot Sq Ft>

a. From Realist

12.<ARV Estimate>*

a. From 3 high comps

b. As is = put on MLS at x and it goes under contract for that.

13.<Property “Rental” Condition>

a. Less than $5000 fix required for renters to move in

b. $5000 to $10,000 for fix required for renters to move in

c. > $10,000 for renters to move in

14.<Fix Estimate - Rental>

a. Details: This is a bare bones estimate to get the property ready for rental. If property is currently being lived in – by renter or owner – this number is likely $5000 to $10,000. The buyer will make their own judgment based on pictures, location, and personal visit. It’s dangerous – and dumb – to overthink how a landlord will look at fix on a property.

b. Example: Paint & carpet: $5000. Add $5000 for a kitchen. Add $3000 for a bath. I’m reluctant to ever go above $10,000 rental fix unless the roof is literally leaking. Good landlords rarely replace kitchens or baths or windows. Roofs are replaced when the leaks can’t be repaired or insurance stops coverage.


15.<Fix Estimate - Flip>

a. Details: We use our standard fix numbers here, based on our fix estimation protocols.



b. Example: None


16.<Rent Estimate>

a. “Homes like this, in this neighborhood, rent for about $_________ per month according to Zillow.”

b. “Zillow Adjusted” Rent Estimate

c. Details: We base off Zillow rent AND adjust Zillow rent when Zillow has incorrect beds and baths.

d. Example: None

e. Permanent accompanying text on www.HomeTrustWholesale.com: None

f. also would like two rent numbers: straight zillow rent for the property (make the last number a zero so folks can't walk the cat back as easily) and adjusted zillow rent. when the property is a 2/1 800 sq ft, but we know it's a 3/2 1600 sq ft (zillow typically doesn't include bsmt sq ft, but we do because buyers/renters do) then look around the nearby blocks for a few 3/2 1600 - or as close as we can get - and interpolate what the rent should be with that precise product. it only takes a couple minutes. it's also as good exercise when computing ARV or GRM. you are probalby already doing this (i think you did it on that larger Newton house we bought for $125k or so)? then when we market we can multiply by 100 to get a rational GRM>

17.<Your Buy Price>

a. Final decision of PAM and TC

b. See documentation on other files produced by JB

c. TC – Run and Upload comps. Comps should include:

a. This must occur within 4 business hours of PAM completing this checklist.

b. Best 3 fully remodeled comps (the high comps). These should be the highest plausible comps. We don’t want to be goofy, we want to stay within our 3 High Comps protocol, however we can use the highest of those comps because we never know what a wholesale buyer will think is appropriate – best to not guess.

c. Based on those three comps state what TC believes is the ARV if the property was fully fixed to create the highest and best profit.




d. JJ is final decision maker for all files on determining “Your Buy Price” (JJ to consult with JB if he is immediately available, otherwise JJ makes final decisions)

a. TC call JJ to discuss what the best ARV rent, fix (rental and flip) is for marketing. Also discuss what 3 best comps are.

b. Come to consensus.

18.<Close date>

a. Select one word from each of the following bullet points: b) and c)

i. Base b & c off of the Buy Contract

b. Early Mid Late

c. January February March April May June July August September October November December

19.<Comp 1>

a. Full Address. Bed. Bath. Total sq ft. Sold or U/C or Active. Price.

20.<Comp 2>


21.<Comp 3>


a. For all comp addresses use the 3 best comps, however if we only have 1 or 2 appropriate comps use them - don’t use a bad comp just because you want 3 comps.

b. Best 3 fully remodeled comps (the high comps). These should be the highest plausible comps. We don’t want to be goofy, we want to stay within our 3 High Comps protocol, however we can use the highest of those comps because we never know what a wholesale buyer will think is appropriate – best to not guess.

c. Based on those three comps state what TC believes is the ARV if the property was fully fixed to create the highest and best profit.

22.<Roof Condition>

a. Newer

b. Average


c. Older, No Observed Leaks

d. Leaking

23.<Windows>

a. Newer

b. Original

24.<Furnace Condition>

a. Newer

b. Average

c. Older

25.<Structural>

a. Appears to be no structural issues

b. Minor cracks observed – may or may not be an issue

c. Property has structural issues

26.<Mktg Narrative>

a. Any EXISTING material facts that are not covered in the pixs or other Podio entries?

i. This should be VERY limited. Get fab pics!

ii. Just the facts. No editorial comment. You are not buying the property. Short and tight.

b. What COULD be? What “could be” the beds, baths, sq ft, if x was done. This is describing the highest and best use. Short and tight.

c. Obvious good things as it sits

d. We never want a buyer to go to a house and say “those as****** didn’t tell me about “_____”. At the same time we never want to assume we know more about something than our buyers know, or assume they look at things the same way we do. So if there is material structural show a picture of it – but don’t dwell on it. If the windows are really bad show a pix, same with furnace, kitch, roof, baths, etc.

e. Just the facts maam


2.

27.<Showing Times/Dates>

a. This is from buy contract

b. 1st Showing: Date __________________ Time ______________________

c. 2nd Showing: Date __________________ Time ______________________

d. 3rd Showing: Date __________________ Time ______________________

e. Showing Timelines

i. If buy contract is fully executed (with 100% of this checklist completed, and I mean 100%, not 99%) on a…

1. If fully executed on a Saturday, Sunday, Monday, Tuesday or Wednesday the first showing is set for the following Tuesday at 10AM:

a. If fully executed on a:

i. Saturday the 1st showing is on Tuesday at 10AM 10 calendar days later.

ii. Wednesday the 1st showing is on Tuesday at 10AM 6 calendar days later.

b. 2nd showing will be the Thursday 10AM 2 days after the Tuesday showing

c. 3rd showing will be the Tuesday 10AM one week after the first Tuesday 10AM showing

2. If fully executed Thursday or Friday the first showing is set for the following Thursday at 10AM:

a. If fully executed on a:

i. Friday the 1st showing is on Thursday at 10AM 6 calendar days later.

b. 2nd showing will be Tuesday 10AM 5 days after the Thursday showing


c. 3rd showing will be the Thursday 10AM one week after the first Thursday 10AM showing

28.<Pictures>

a. In Order to Create The Best Picture “Folder for Marketing”: Create separate “Property Photos/Video” folder on Picasa.

e. Upload best 20 to 40+ pixs to that folder. Or more. Anything that shows the best details of the property, both the best details and poor details that we want to advise the buyer of.

f. NO pics of random junk in the interior. If there is a lot of random junk in the yard have one pic of that. Every buyer expects these houses to have stuff left behind. If it’s a MAJOR hoarder house we should talk about that. By major I mean more than one giant dumpster of crap to haul once the property is purchased.

g. Place link in Podio below existing Property Photo/Video” Link.

INTERNAL TRAINING VIDEO for this processhttps://www.dropbox.com/s/pevatzfwbhzyoza/2%29%20%20PAM_TC%20Buy%20to%20Sell%20Side%20Process%20by%20JB%206.7.15%20movavi.mp4?dl=0

_________________________________________________________________________________________________


https://www.dropbox.com/s/pevatzfwbhzyoza/2)%20%20PAM_TC%20Buy%20to%20Sell%20Side%20Process%20by%20JB%206.7.15%20movavi.mp4?dl=0

https://www.dropbox.com/s/pevatzfwbhzyoza/2)%20%20PAM_TC%20Buy%20to%20Sell%20Side%20Process%20by%20JB%206.7.15%20movavi.mp4?dl=0

PAM HIRING PROCESS AND CONTENT

SPECIAL THANKS TO SEAN TERRY, CODY SPERBER, & OTHER CG MEMBERS, and MY FRIENDS PATRICK CONDON, DERICK ELLIOTT, & TYLER TYSDAL FOR MUCH

OF THIS CONTENT & METHODOLOGY

$$$ 6-Figure Outside Sales Position with UNLIMITED Earning Potential!!!!! $$$ (metro Denver, CO)

------------------------------------------------------------Ready to Produce some Results and Earn 6-Figures?!!!! ------------------------------------------------------------Highly successful real estate investor is seeking a protégé. This super sharp Outside Sales Executive will have the ability to produce results.

We have been full time, successful real estate investors in Denver since 2001. We have an A+ Rating by the Denver Better Business Bureau.

This is no late night infomercial. Nor is it a “real estate investors wanted” bandit sign nor a TV reality show. This is a legit opportunity to make money in a REAL industry! Leads are generated for you and all calls are inbound or follow-ups on inbound calls. You will be talking to motivated homeowners who want to sell their house and all you need to do is negotiate the buying price. We pretty much do all the rest!

If you are great on the phone then this will be the best sales job you have ever had, but please note WE ONLY WANT TO WORK WITH CLOSERS!

Compensation: Possible Draw Plus Commission: $80K to $100K++

----------------------------------------Roles and Responsibilities----------------------------------------1. Manage leads in our company’s CRM. Most leads are warm and are generated for you.

2. Meet with distressed/motivated sellers that want to sell their house fast for cash.


3. Build rapport with the seller, overcome objections and get the contract signed.

4. Must be able to manage leads and follow up with prospects.

5. Must be motivated to bring in outside business.

6. Must be a team player and get along with the other staff.

----------------------------------------The Ideal Candidate----------------------------------------A professional, sharp dresser who understands success comes through hard work and tenacity. This person is teachable and always trying to improve themselves by reading books, watching videos, reading blogs, or what ever mean possible.

This candidate is a fast starter and is highly money motivated who is looking for the right opportunity to use their people skills and talents to build a lasting career.

This person doesn't whine nor make excuses, they get results and are proud of it. This candidate can follow instructions and is detail orientated.

----------------------------------------Qualifications for the Position---------------------------------------+ Do not apply for this job unless you are AWESOME on the phone. While you will be taught some high level real estate negotiation tactics we are not interested in sales rookies.

+ As far as real estate knowledge, it is a bonus, but certainly not needed. Most of the deals we do are very simple (we "flip" most of the houses we buy) so you can pick up the real estate knowledge you need pretty quickly.

+ While we are open to anyone who has what it takes to produce results and make some big money, we imagine this position is going to be filled by one of 2 types of people....

1) A sales BEAST who has tons of experience closing over the phone in whatever industry

2) An entrepreneur with a sports background who is naturally a people person, and loves working in a team environment

+ You will work between 40-50 hours per week with most of those hours being in your home office or the field, and the remainder can be done from home. Some


weekend work is required.

+ This is a Denver, CO based position. This is a W2 position. Employees are responsible for providing their own home office with computer, high speed internet, scanner, headset, transportation, etc. Proficiency on a Mac is preferred.

+ Our team is full of awesome and fun people and you will love working here!

-------------------------------Benefits of the Position-------------------------------+ Earn deal splits on profits for each deal you get under contract that closes.

+ Learn real estate investing and business from experienced entrepreneurs who have built multiple 7 figure companies.

+ You will get to work with a small and dynamic team in an environment that continually changes and challenges you.

+ Once established and closing deals you may have more flexibility in your schedule.

+ Get into real estate investing without putting any of your money in marketing or any of the typical business expenses.

+ THIS IS YOUR CHANCE TO FINALLY EARN WHAT YOU DESERVE WITH NO CEILING ON YOUR INCOME!!!

------------------------------------------What We Want and Don't Want------------------------------------------+ This is NOT a position for an introverted person, we are looking for someone who can get aggressive.

+ You MUST have experience on the phone, whether that be in sales or in real estate and be a CLOSER.

+ We need someone with the "whatever it takes" attitude who will go above and beyond when needed.

+ We want someone who is trainable and seeks out coaching.

+ We want someone who can identify an obstacle or problem – and always has a potential solution before they talk with anyone.


+ Someone looking to have their hand held constantly should probably not apply. We have a comprehensive training program – and we’ll ensure you have been thoroughly trained – however at that time we expect you to work without close supervision.

+ Working at home has advantages and pitfalls. We all know the advantages. The pitfalls can include many things – all of them taking time and focus away from work. If this will be a problem for you please don’t apply.

+ If you are not a person of high integrity who is a team player we ask that you please do not apply.

+ Must be willing to hustle and understand that your take-home earnings are based on performance.

+ Must have reliable transportation and iPhone/Android phone or iPad/Android tablet.

+ If you aren't looking for a long term position don't apply, your income will continue to grow as you do.

+ Don't apply if you have a bad attitude because you will have to pay your dues like everyone else.

+ A real estate license is not required for this position. If you are licensed, however, you must possess an Independent Broker or Employing Broker license. Associate Brokers are not eligible.

------------------------------------------------------------About HomeTrust LLC------------------------------------------------------------For every 100 homes that are sold in Denver about 5 of them do not follow the traditional “list it with a Realtor” route. The reasons for this are varied – property not inhabitable, estate property, property has not been remodeled in many years and is in poor condition, must sell fast, inherited property, tired landlord, crappy tenants, etc. The list goes on and on. These are motivated sellers with problem properties.

Several THOUSAND homes and sellers have these issues in metro Denver, and several THOUSAND homes are sold every year in metro Denver that are not listed by a Realtor. HomeTrust’s mission is simple: create value for as many of these motivated sellers as possible by buying their home and helping them move on to the next stage of their life.


Home Trust was founded in 2001 in order to buy homes from these folks who don’t want to list with a Realtor. We are not Realtors. We are real estate investors. Since then we have bought, renovated, and sold over 400 homes in metro Denver. We’re pretty good at this business.

Today we have three lines of business:1) We buy homes from motivated sellers and resell them to other investors.2) We buy homes, renovate them, and resell them to retail buyers.3) We buy homes for our rental portfolio.

-----------------------------------What You Should Do Next-----------------------------------Because there are hundreds of potential applicants for a position like this we have set up a 4 Step Interview Process to allow the cream of the crop to rise to the top. Part of our selection process will be finding someone that will step out of their comfort zone and will go the extra mile. If one of these steps are not completed than your application and resume will be discarded. So please read carefully as following detailed instructions is a requirement for the position. Each step will contain instructions for the next step.

Step #1 in the interview process will be the completing the survey by clicking the link below.

https://www.surveymonkey.com/s/XJNPB38

Step #2 in the interview process will be watching a short video about the company and the position requirements.

Step #3 in the interview process will be creating a short video on why we should hire YOU!

Step #4 in the interview process will be a combination of phone / Skype / in person interviews with the CEO.

INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED.

For more information please visit:Better Business Bureau Review:www.bbb.org/denver/business-reviews/real-estate-services/hometrust-in-englewood-co-64008443

Video Testimonials from Customers/Motivated Sellers:


www.hometrustbuys.com/testimonials

Jason Byrne's LinkedIn page:www.linkedin.com/in/JasonByrneHomeTrust

Thank you. We look forward to the next step with you.

Jason Byrne, PrincipalHomeTrust LLCwww.HomeTrustWholesale.com

INTERNAL USE ONLYIdeal Person For The Job:Organized, good with checklists, ok to work without supervision, knows when to stop and ask questions, debt free / or limited debt, non-smoker, drug free.

Outside Sales Executive: $80K to $100K++ (metro Denver, CO)

Use zip as 80211. Highlands. Very central.

PAM DESCRIPTION OF ROUNDS AND ACTIONS

STEP #0: ad on webhttp://www.hometrustwholesale.com/pamad/

STEP #1: Surveymonkey.com . link to step #2https://www.surveymonkey.com/s/XJNPB38

STEP #2: 3 minute video. Second to last page has email request for resume and screen shot of last surveymonkey. Last page has link to Step #3. http://www.hometrustwholesale.com/pam/


http://www.hometrustwholesale.com/pam/

https://www.surveymonkey.com/s/XJNPB38

http://www.hometrustwholesale.com/pamad/

http://youtu.be/YpsVsCgGyi8 (HomeTrust LLC Google account)

STEP #3: 4 minute video instructions. Instructions to email link to me.http://www.hometrustwholesale.com/pam3/

STEP #4: Kolbe – before interview. Don’t commit to interview before seeing Kolbe. if Kolbe is good fit…

Schedule interview. Include “you give presentation right when you walk in” email intro

PRINT assessment – talk with Jackie Insiger about it

In person intreview

Initial Phone / skype / in person interview

Second interview – partner, sr PAM

STEP #5: sign employment agreement

DETAIL

Step #3 detail: web contents

Now please record a 4 minute video to complete your application.

Here’s what we want:

1. Length: 4 minutes. You can easily do this on your phone or webcam.

2. Tell us why we should pick you over all the other highly qualified applicants. Sell us on you! What makes you amazing at sales? Use concrete numbers and past results.

3. Submit your video to YouTube or any other video sharing site you desire. If you


http://www.hometrustwholesale.com/pam3/

http://youtu.be/YpsVsCgGyi8

use YouTube set the video to "unlisted" (not "public" and not "private").

4. Send us a link to your video: jwb_@_hometrustinfo.com (remove "_", they are there for spam protection). Subject line “Awesome PAM video. I’ll Crush It!”

Thank you. We’ll be in touch shortly!Jason Byrne, PrincipalHomeTrust LLC

STEP #4 detail

Schedule interview. Include “you give presentation right when you walk in” email intro

“Hello Aaron,Congratulations! You are one of the few special people who have been selected for this step. Pls pick a time below. Once you have done that I will forward a PRINT survey. Please complete within 24 hours.

We currently have these interview times open.Thursday, August 27: 9AM, 10AM, Noon, 2PM, 3PMFriday August 28: 9AM, 10AM, 11AM, Noon

Please email back with your choice. Interviews will be 1 to 2 hours in duration.

This position will involve:1) Asking home sellers qualifying questions in order to determine if we have a fit, 2) If so, helping sellers understand what we do and why we are a better choice than other options,3) Overcoming objections, and4) Closing. This means putting the house under contract to buy.

ASSIGNMENTYou have excelled at sales processes similar to the above in the past. We want to see you in action. From your past, pick a product or service you have sold and run a 4 to 7 minute “initial sales meeting” where you are the sales person and I am the sales prospect. We do NOT want you to present on HomeTrust’s


business - we want you to execute the initial sales meeting on something you have done in the past - something where you are already a subject matter expert.

This “initial sales meeting” will begin our interview, and you will introduce yourself to me like i am a sales prospect, not a potential employer.

Thank you __________. We look forward to meeting you.

Jason Byrne”

Assessments:

1) www.Kolbe.com

2) PRINT surveyemailed Jackie 8.13.15 asking about assessments and interview protocol.Jackie InsingerFounder, Insinger Insights(C) 303.596.0020www.InsingerInsights.com

ADVERTISING THE POSITION

1. Advertisementa. Copy

i. Terry, Cody, Toback , HUMAN mash upii. Sell the position big time

iii. Give them some hoops to jump through

b. Distribution i. My big email listii. Skip this step - Mangham, Fisher, Pedri – who else does training and would want to place students?

iii. Indeed.com – JB done 2.9.15iv. CL – HB pending…v. Linked In

vi. Zip recruitervii. Monster


viii. Careerbuilder

ix. Virtual1. ODesk2. Elance3. CL4. Fiverr

x. David Phelps1. Craigslist, Monster, CareerBuilder etc. (for local or virtual positions) or 2. ODesk, Elance, Craigslist, Fiverr (for virtual positions).

2. HT video – don’t want people to have to write, this is a verbal communication joba. Only super driven, successfully, teachable folks - $10k + potentialb. Buy into the mission, what we do, why we do it, serve the 10% of sellers

who can/don’twant to listc. Great training – im a master – been in biz long time

_________________________________________________________________________________________________


<COMPANY NAME HERE>

PROPERTY ACQUISITION MANAGER EMPLOYMENT AGREEMENT

THIS EMPLOYMENT AGREEMENT (the “Agreement”), dated the ______ day of ____________, 2015, is by and between <COMPANY NAME HERE>, a Colorado corporation having its primary business location at _______________________________________ (“Employer”), and ______________________________, whose address is ___________________________________________ (the “Employee” or “PAM”).

RECITALS

A. Employer wishes to engage the services of Employee. Employee wishes to enter into this Agreement to provide certain support services to Employer for compensation as set forth herein.

B. Employer is a Colorado corporation in the business of finding real estate sellers who do not want to use a real estate broker to sell their properties.

D. Employer has invested resources developing unusual expertise and contacts allowing it to identify properties appropriate for its business purposes. Employee shall be exposed to and shall learn about such expertise and contacts during its term providing services to Employer. As consideration for receiving such exposure, Employee agrees not to compete with Employer under Article 5 below.

C. The parties desire to enter into this Agreement to memorialize the terms of their employment relationship.

AGREEMENT

NOW, THEREFORE, in consideration of the mutual promises and covenants of the parties as herein contained, Employer and the Employee hereby agree as follows:

1. TERMS OF EMPLOYMENT

1.1 Recitals True and Correct. The Parties agree that the above-recitals are true and correct and are incorporated herein by reference.

1.2 Term of Employment. Employee is hereby employed by and agrees to be an employee of Employer. Employee shall be an EMPLOYEE AT WILL and shall continue to serve as an employee of Employer until such employment is terminated by one of the parties, per the terms of this Agreement.

1.3 Position and Duties. Employee shall occupy the position of a Property Acquisition Manager (“PAM”). Generally, Employee shall provide services including but not limited to, working with new leads provided by Employer in order to purchase properties and put such properties under contract for sale. Such duties may, from time to time, be modified by Employer,


at Employer’s discretion. Employee shall faithfully, industriously, honestly, and to the best of Employee’s ability, experience, and talents perform all of the duties required by the express and implied terms of this Agreement to the satisfaction of Employer. Employee will perform Employee’s duties in compliance with all applicable laws.

1.4 Hours. Employee shall work during Employer’s normal business hours, and at such other times as Employer may specify including, without limitation, weekends and evenings. Employer’s normal business hours are distinct from PAM Normal Business Hours (“Business Hours”). Business Hours are Monday through Friday, 11AM to 6PM with a one hour break during that time. This is 6 working hours times 5 days per week for a total of 30 hours. During Business Hours, PAM’s are required to be in their Home Office Environment, as described in 2.1, or in front of sellers. In the event Employee is not doing the above during Business Hours, Employee must notify Employer in advance. In the event PAM stops working for any part of Business Hours (excluding the hour break) PAM is automatically deemed to be “on vacation” for the entire day. While Employee is deemed “on vacation,” phones will be rerouted accordingly and vacation lead/compensation policy shall be in effect for the duration of the vacation. Interruptions such as doctor appointments, workouts, haircuts, errands, etc. are not allowed during Business Hours. Business Hours have been structured in order to accommodate those items before or after Business Hours, as well as during the one hour break. This is a binary policy: On a given day, PAM is either strictly following the Business Hours and is deemed to be working, or PAM is not and PAM is deemed on vacation. There is no middle ground. However, in the event PAM is not able to comply with Business Hours on a particular day as described herein exceptions can be made with Employer approval ahead of time in writing.

Employer receives incoming calls from new direct mail recipients and current sellers from 8AM to 8PM Monday through Friday and on Saturday (“Other Hours”). These hours are outside of Business Hours. PAM has two options for Other Hours:

a. Answer every incoming call during Other Hours and have that be “their” lead for full commission potential. These leads are extremely expensive and they must each be answered live. In the event tracking systems determine a new direct mail call was not answered live during Other Hours, Employer and PAM shall have a meeting to discuss the reasons that such call was not answered live.

b. Forward PAM’s phone to another PAM who agrees to take the calls during Other Hours. That PAM will receive all the compensation from new leads that are answered by that PAM during Other Hours.

In short, the first PAM to talk to a new seller owns that lead. In the event no PAM wants to be accountable for answering incoming calls during certain Other Hours calls will be routed directly to Hope Byrne, an officer of Employer.

Employer anticipates, but does not guarantee, that most new incoming calls will be answered by a “Phone Pro” for 6 to 8 hours per day, Monday through Friday. For those leads Employer will use an “up” system to distribute leads at Employer’s discretion.

Employer is closed on Sundays and holidays

TBD: Vacation commission sharing policy.

In addition to Normal Business Hours, Employee shall be available to potential sellers as


Julie A. Jacobs, 09/12/15,

May want to define “up” system or just say it is an automated system.

requested by sellers or Employer. These requests can be for times before or after Normal Business Hours on weekdays, and for any time on Saturday, Sunday, and Holidays. Employee agrees to devote all of Employee’s entire scheduled workweek times, skill, labor, and attention to Employee’s duties and responsibilities as PAM during the term of this Agreement. Employee agrees not to engage in any other business or for-profit activities which are in conflict with Employee’s duties or responsibilities under the terms of this Agreement.

1.5 Vacation; Holidays. Employee shall accrue one week of vacation during the first six months of employment. Employee shall further accrue one week for months 6 through 12, and three weeks annually starting on the one-year anniversary of employment. Additional vacation requests will be considered by Employer. All vacation is unpaid. PAM’s are required to cover their desk and arrange with fellow PAM’s any commission sharing arrangements. Up to twelve months in advance Employee may submit vacation requests for holiday times and other high demand vacation times. Employer will make best attempts to meet requests. Holidays are defined as follows: New Year’s Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day (not the day after), Christmas Eve, Christmas Day.

1.6 Duration. Except as otherwise provided herein, this Agreement shall be for a period of one (1) year from the effective date written above. At the expiration of each one-year term, this Agreement may be renewed, on an annual basis, for an additional one (1) year period by mutual agreement, utilizing the then current Employment Agreement of Employer. In the event no renewal agreement is executed and Employee continues to work as an Employee for Employer with the consent of Employer, this Agreement shall be deemed to be extended, utilizing the then current Employment Agreement of Employer, and the parties agree to be bound by all of the terms, provisions, and conditions of this Agreement as if it had not expired.

1.7 Not a Guarantee of Employment. Employee is engaged to serve as an employee of Employer, subject to termination, and subject to the other terms and conditions identified in this Agreement. Any provision for payment of compensation on a regular basis is for accounting purposes only and does not mean, imply, or guarantee that Employee will be employed for any term.

1.8 All Terms to be in Writing. Employer will not be bound to any alleged promise, prediction, term or condition of employment unless it is expressly set forth as an obligation in a written contract. Any such contract must be signed by both Employer and Employee, and it must explicitly indicate that it be binding on the parties.

2. OBLIGATIONS OF EMPLOYEE.

2.1 Home Office Environment. Employee shall be responsible for providing a home office or other office space that is dedicated to Employee’s work during business hours and which provides for adequate levels of privacy for Employee – including a door that closes (the “Home Office Environment”). Employee shall be responsible for providing office equipment necessary for the provision of PAM duties and responsibilities including, but not limited to, laptop or desktop computers, high speed internet service, scanner, printer, print cartridges, land-based telephone lines, and any other office supplies. Such equipment shall be provided at Employee’s sole expense. Employee shall further be responsible for all travel and transportation related to the provision of PAM duties and responsibilities and shall be personally responsible for all expenses related to such travel and transportation. Under no circumstances shall Employer reimburse


Julie A. Jacobs, 09/12/15,

I don’t think we can enforce this and also say that all terms are to be in writing and signed by both parties (1.8 below). If the agreement auto-renews, I think it will have to be on the terms of whatever agreement was signed by both parties. We can leave this in, but be aware that it may not be enforceable.

Employee for travel or transportation expenses. In the event a PAM does not wish to travel to property that is far away PAM will assign that seller – and all commission compensation – to another PAM.

2.2 Ethics; Appearance; Attitude. Employee agrees that Employee will do everything possible and required to protect and maintain a high ethical standard in the performance Employee’s duties, responsibilities, and activities under this Agreement. Employee shall maintain Employee’s personal appearance and the appearance of Employee’s office (if any) in a clean and orderly manner. When providing PAM services dress shall, in general, be Business Casual for males and females with one “HomeTrust” or “ClearSale” logo visible on a shirt, sweater, vest, or jacket. Shorts are OK during warmer months. For males shirts shall be tucked in and a belt and socks shall be worn. Females shall dress to a similar level. White athletic shoes will not be permitted, but black athletic shoes are acceptable. Employee shall provide dependable, efficient, courteous, high quality, and professional services to the public in order to create and maintain goodwill among the public for Employer. In this regard, Employee agrees to strictly observe the most current operating procedures established by Employer. Employee acknowledges that adherence to such procedures is a material consideration for the execution of the Agreement. At all times, Employee shall maintain a proper attitude toward the public, Employer, and sales associates and independent contractors of Employer, and shall not engage in acts or activities that disrupt Employer’s business or any of Employer’s offices.

2.3 Internal Office Regulations. Employee agrees to adhere to and abide by all rules, regulations, and operating procedures of Employer, including Employer’s Home Office Guidelines. Employee shall be responsible for adhering to software reporting and updating guidelines, daily/weekly reporting, performance standards, Key Performance Indicators, and lead management.

Over many years and thousands of interactions with sellers Employer has developed very specific Best Practices. Employer will train PAM in these Best Practices and expects all Best Practices to be followed 100% of the time. Best Practices include – but are not limited to – phone scripts, intake questions, certain phraseology and delivery of questions and answers, offer prices, matrixes, checklists, phone and in person presentation formats/scripts/materials/Keynotes, precise Podio requirements, “If it’s not in Podio it didn’t happen,” performance reporting metrics, etc.

3. COMPENSATION.

3.1 Payment. Employee understands that compensation is entirely commission based, with no base salary, guarantees, or draws of any type unless specifically agreed to in writing by both parties. As compensation for Employee’s performance of Employee’s duties and responsibilities under the terms of this Agreement, Employee shall receive a commission consisting of fifteen percent (15%) of Net Wholesale Revenues (“NWR”) as defined below. In the event Employer elects to purchase a property for long term hold (including wrap & owner carry) or for Employer to renovate and then resell, PAM shall receive a flat $3000.00 commission when such property is purchased by Employer.

Employee shall be offered a draw under these terms: $2000.00 at the end of the first 30 days of employment and an additional $2000.00 at the end of the first 60 days of


employment for a total potential draw of $4000.00. These draws will be repaid in full with Employee’s first commissions. Employee must be employed at the end of each 30 day period in order to receive draw (draw is not prorated). There will be no draws after 60 days.

Employee is responsible for scheduling with Employer an in person meeting or phone call to occur on each of the first 12 Fridays of Employee’s employment. Employee will present training and sales results for that week to Employer. Employee will also present “what’s working” and “what’s not working” and ask for help on any topics necessary.

3.2 Net Wholesale Revenues (“NWR”) and Frictional Expenses. NWR is defined as the total HUD-1 proceeds paid to Employer. For assignment transactions, this is the actual assignment revenue. For double close transactions, this is the difference between the Side A and Side B contract price less any expenses which are payable by Employer (the “Frictional Expenses”). Frictional Expenses may include, but are not limited to, any closing or carrying costs paid by Employer, any items on a HUD-1 paid by Employer, or any other transaction costs paid by Employer pursuant to the Contract to Buy and Sell Real Estate. Frictional Expenses may vary among transactions and there is no range within which Frictional Expenses are guaranteed to fall. PAM will have access to all Side A and Side B settlement statements in order to verify figures.

3.3 Withholding Taxes and Deductions. Any commission paid to Employee shall be subject to reduction by reason of withholding taxes and other deductions required by law.

4. OBLIGATIONS OF EMPLOYER.

4.1 Software. Employer shall supply Employee with cloud-based Customer Relationship Management (“CRM”) software for use in association with services provided for Employer at Employer’s sole expense.

4.2 Marketing and Leads. Employer shall provide all online and offline marketing and advertising for the business. Employee shall not engage in additional marketing to buy, sell or rent properties without the express written consent of Employer. Employer shall supply Employee with leads on sellers which Employee shall use in providing services to Employer. Employee acknowledges that Employer may, at its sole subjective discretion, increase or decrease the number of leads provided to Employee without notice based on its determination of Employee’s effectiveness and close rates. Employer makes no guarantees nor representations regarding where sellers’ properties are located nor any representations about “territories” or how far away seller properties are located. All leads will be located in Colorado.

Employee shall not adjust any negotiation behavior based on Employee’s own desire to purchase a property. In the event Employee would like to purchase a property from Employer, Employee shall make that intention known to Employer after the property has been put under contract and the under contract checklist has been completed.

4.3 Mobile Telephone; Other Equipment. Employer shall provide Employee with a mobile telephone and/or other electronic device for use in association with services provided for Employer at its sole expense. At Employer’s sole discretion Employer may supply Employee with an iPad and/or other electronic device for use in association with services provided for


Employer at its sole expense. Employee shall return the mobile telephone and any other electronic devices supplied by Employer in the same condition in which it was received to Employer upon termination of this Agreement. In the event of damage by Employee, Employee shall be solely responsible for the cost of repairing any damage or replacing the mobile phone or any other electronic device supplied by Employer during the term of this Agreement.

5. NON-DISCLOSURE; NON-COMPETE; INTELLECTUAL PROPERTY

5.1 Confidentiality. Employee recognizes and acknowledges that in the course of Employee’s work for or engagement by Employer, Employee will acquire, obtain or be exposed to Confidential Information (as hereafter defined) of Employer.

(a) As used herein, Confidential Information means any and all information, materials, trade secrets, or other data disclosed or made available to Employee or known by Employee as a direct or indirect consequence of or through his or her work for or engagement by Employer, including but not limited to any such information, materials, trade secrets or data relating to the plans, business affairs, finances, policies, methods of operation, software, systems, processes, software systems, computer files, website materials, spreadsheets, algorithms, and present and future products, patents, processes or services of Employer or any affiliate of Employer, or relating to any client, customer, supplier, dealer, vendor, technology provider, software provider, cloud software provider, direct mail list provider, direct mail print provider, direct mail creative provider, autodialer, automated text provider, automated email provider, automated voice providers, automated phone number provider, marketing provider, licensor, licensee or other party transacting business or who has transacted or may transact business with Employer or any affiliate of Employer; provided, however, that Confidential Information does not include any such information, materials or data which is in the public domain other than as a result of any act, omission or fault of Employee.

(b) Without limiting the generality of the foregoing, Employee acknowledges and agrees that Confidential Information includes, but is not limited to: (i) names, addresses, contact information, financial information, and any other information regarding Employer clients, and any lists or databases containing such information (as used in this Article, “Employer clients” or “clients” includes, without limitation, the clients under all then-existing Employer listings and/or pending contracts and those of Employer’s president, within the twenty-four (24) months preceding the time at issue); (ii) information regarding offers or pending transactions under any contracts; (iii) information relating to the financial condition of Employer; (iv) information regarding Employer’s commissions or commission structures; (v) information regarding Employer’s competitive business strategies, systems and methodologies; (vi) information related to marketing, advertising, scripting protocols, intake processes; (vii) computer databases and matrices; and (viii) information relating to Employer’s website including, but not limited to, the keywords purchased by Employer to advertise the website, from whom those keywords were purchased, the purchase price of the keywords, and the profitability of the website.

5.2 Proprietary Nature of Confidential Information. Employee agrees that all Confidential Information is proprietary to and is a valuable, special, confidential, and unique asset of Employer, that Employer has taken and is taking reasonable steps to preserve the confidentiality and value of such Confidential Information, and that the provisions of this Article are reasonably necessary to protect the trade secrets of Employer. Employee further agrees that, during the term Employee’s employment with Employer and at all times thereafter, Employee shall treat and maintain all Confidential Information in strict confidence and shall not publish, disseminate, divulge or otherwise disclose any Confidential Information to third parties for any


reason or purpose whatsoever, without the prior written consent of Employer, which may be withheld in Employer’s sole and absolute discretion.

5.3 Limitation of Use of Confidential Information. Employee shall not use any Confidential Information except to the extent necessary or required during the term of Employee’s employment by Employer to perform Employee’s duties to Employer.

5.4 Return of Confidential Information and Materials Upon Termination. Upon termination of the Employee’s employment with Employer, Employee shall promptly deliver to Employer all materials, documents, records, drawings, blueprints, data, books, files, tapes, lists, reports, notes, memoranda, papers, manuals, software, equipment, devices, and other repositories containing Confidential Information or in any way relating to Employer or any affiliate of Employer which are then in Employee’s possession or control, whether prepared by Employee or by others, and including all copies thereof.

5.5 Work for Hire. All items prepared in connection with services provided by Employee, in whatever medium, and any ideas, designs, techniques, inventions, discoveries, improvements, information, creations, software, copyrightable material, and any other items discovered, prepared, or developed by Employee in connection with the provision of services for Employer (“Work Product”) shall be promptly disclosed and furnished to Employer. All right, title and interest in the Work Product shall vest in the Employer and the Work Product shall be deemed to be a work made for hire. To the extent it may not be considered a work made for hire, Employee hereby assigns to Employer all right, title and interest in the Work Product, including but not limited to all copyrights, patent rights, patents and applications. Employee shall cooperate with Employer, both during and after the term of this Agreement, to allow Employer to obtain, maintain and enforce patent, copyright, trademark, trade secret and other legal protections for the Work Product. Employee shall sign such documents and do such things necessary to obtain such protection and to vest Employer with full and exclusive title in all Work Product against infringement by others.

5.6 Non-Compete. During the term of this Agreement and for two (2) years thereafter, Employee agrees to the following covenant not to compete: Employee shall not, directly or indirectly, through any other person, firm, corporation or other entity, (a) sell, buy, market, offer to sell, offer to buy products and/or services in Colorado, or any other market in which the Employer is currently operating or any market where Employee has knowledge Employer plans to operate, similar to that being developed, offered, bought or sold by Employer on the date of the termination of Employee’s agreement with Employer for any reason; (b) solicit, induce, encourage or attempt to induce or encourage any employee or consultant of Employer to terminate his or her agreement or consulting relationship with Employer, or to breach any other obligation to Employer; (c) solicit, interfere with, disrupt, alter or attempt to disrupt or alter the relationship, contractual or otherwise, between Employer and any other person including, without limitation, any consultant, vendor, software as a service provider, internet provider, phone or marketing or lead provider/developer, software provider/developer, website provider/developer, contractor, client/customer (including parties who are selling property to Employer or purchasing property from Employer), potential client/customer (including parties who are potentially selling property to Employer or potentially purchasing property from Employer), or supplier of Employer; or (d) engage in or participate in any business conducted under any name that shall be the same as or similar to the name of Employer or any trade name used by Employer.

5.7 Enforcement. Employee acknowledges and agrees that the covenants and restrictions contained in the provisions of this Agreement are necessary to prevent irreparable


harm to Employer. Employee further acknowledges that in the event of any breach or threatened breach by Employee of this Agreement, Employer shall be entitled, if it so elects, (in addition to any other remedies it may have, including a claim for money damages caused by breaches to this Agreement) to institute and prosecute proceedings in any court of competent jurisdiction to enjoin such breach or threatened breach, to enforce specific performance of such covenant or restriction, or to obtain any other relief available to Employer for such breach or threatened breach.

5.8 Survival and Independence. The covenants and restrictions in the foregoing provisions of this Article 5 shall be construed as independent of any other agreements between the parties and shall survive the termination of this Agreement; and the existence of any claim or cause of action of Employee against Employer, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by Employer of the covenants and restrictions contained in such provisions of this Article 5.

5.9 Severability. Employee acknowledges and agrees that the geographical limitation, the scope and the time period contained in each of the foregoing covenants and restrictions of this Article 5 are reasonable; however, in the event that any court should find the geographical limitation, the scope or the time period contained in any of such covenants or restrictions to be unreasonably broad or that any covenant or restriction may not be enforced, it is the intention of the parties that the court should construe the limitation to be the maximum limitation, within the limits herein set forth, which the court finds reasonable and enforceable, and enforce the limitation to that extent.

6. TERMINATION.

6.1 Termination By Employer. Employer, with or without cause, may terminate this Agreement at any time, with or without prior notice at Employer’s sole discretion. Employer may choose to provide a thirty (30) day termination transition period (the “Transition”) by providing written notice to Employee of such Transition. During the Transition, Employee shall train any replacement employees hired by Employer. Employer shall compensate Employee for any transactions closed during the Transition. Under no circumstances shall Employee be compensated for transactions that close after termination of the Agreement.

6.2 Termination By Employee. Employee, with or without cause, may terminate this Agreement at any time by giving Employer at least thirty (30) days written notice. Upon receipt of such written notice of termination from Employee, Employer may, at Employer’s sole discretion, immediately terminate this Agreement without any obligation to Employee beyond compensation for transactions that closed prior to termination of this Agreement. Employee shall train any replacement employees hired by Employer prior to termination of this Agreement.

7. MEDIATION.

7.1 Mediation. To the maximum extent permitted by law, before a dispute or claim between the parties may be brought in litigation, the parties shall mediate any dispute that the parties cannot otherwise resolve themselves. Such requirement to mediate shall include, but not be limited to, any dispute regarding any aspect of this Agreement, or any dispute about whether a dispute between the parties should be mediated. The parties will jointly appoint an acceptable mediator and will share equally in the cost of such mediation. The parties each agree to make reasonable efforts in the mediation to resolve the dispute through a mutual agreement. The mediation, unless otherwise agreed, shall terminate in the event the entire dispute is not resolved


30 calendar days from the date written notice requesting mediation is sent by one party to the other(s). Each party shall each bear its own attorneys’ fees and costs in mediation, and each party shall equally share the mediator’s fees and expenses.

8. OTHER PROVISIONS.

8.1 Joint Effect of Agreement. Nothing in this Agreement shall be deemed to create a partnership or agency relationship between Employer and Employee.

8.2 Section Headings. Section headings and numbers have been inserted for the convenience of reference only. If there is any conflict between any such headings or number and the text of this Agreement, the text shall control.

8.3 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be considered an original, and all of which shall be considered one and the same instrument.

8.4 Waiver. Waiver by either party of (i) any term or condition of this Agreement, or (ii) of any breach of this Agreement shall not constitute a waiver of any other term or condition or breach of this Agreement.

8.5 Execution and Applicable Law. This Agreement has been executed in Colorado and shall be governed in accordance with the laws of the State of Colorado in every respect.

8.6 Notices. Any notice or communication permitted or required by this Agreement shall be made in writing and may be delivered by email, personal delivery, or mailed to the party at the address first set forth above.

8.7 Entire Agreement. This Agreement, along with any exhibits expressly referred to herein and attached hereto contains all of the terms agreed upon by the parties with respect to the subject matter of this Agreement and supersedes all other agreements, arrangements, and communications between the parties concerning such subject matter, whether oral or written.

8.8 Survival. The covenants and restrictions contained in this Agreement shall survive the termination of the Employee’s employment with Employer. The existence of any claim or cause of action of the Employee against Employer, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by Employer of the covenants and restrictions contained in the foregoing provisions of this Agreement.

8.9 Attorneys’ Fees. In the event of any dispute between the parties arising out of or in any way related to this Agreement, or in any arbitration or litigation to enforce the terms of this Agreement, the prevailing party shall be entitled, in addition to any other remedies, to recover its costs and reasonable attorneys’ fees incurred in connection with such dispute or litigation.

8.10 Modification. No change or modification of this Agreement shall be valid unless such change or modification shall be by written agreement signed by all of the parties hereto. The parties acknowledge that this is the complete and final expression of their Agreement.

8.11 Severability. The invalidity or unenforceability of any provision of this


Agreement shall not impair or affect in any manner the validity, enforceability or effect of the remainder of this Agreement.

ACKNOWLEDGEMENTS

THE EMPLOYEE ACKNOWLEDGES THAT (i) THE EMPLOYEE HAS READ AND FULLY UNDERSTANDS THIS AGREEMENT; (ii) THE EMPLOYEE HAS BEEN GIVEN THE OPPORTUNITY TO ASK QUESTIONS; (iii) THE EMPLOYEE HAS RECEIVED A COPY OF THIS AGREEMENT, THE ORIGINAL OF WHICH WILL BE RETAINED IN THE EMPLOYEE'S FILE; AND (iv) THE EMPLOYEE'S OBLIGATIONS UNDER THIS AGREEMENT SURVIVE THE TERMINATION OF THE EMPLOYEES AGREEMENT WITH EMPLOYER FOR ANY REASON.

IN WITNESS WHEREOF, Employer and the Employee have executed this Agreement as of the date first above written.

EMPLOYER: EMPLOYEE:

_____________________________________________________ Name:__________________________________

a Colorado corporationAddress:________________________________

_______________________________________

Phone Number:___________________________

Email:__________________________________

_______

By: Signature

Its:


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