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HomeMy WebLinkAboutUpdatedTitleCommitment_50022408.1-1-MiscCUSTOMER DISTRIBUTION Date:Our Order Number: Property Address: If you have any inquiries or require further assistance, please contact one of the numbers below: 01-13-2010 VC50022408.1 1280 N. FRONTAGE ROAD W. AKA LOT 1-5, BLK C, LIONS RIDGE FILING 1 VAIL, CO 81657 For Title Assistance: Vail Title Dept. Karen Biggs 108 S FRONTAGE RD W #203 VAIL, CO 81657 Phone: 970-476-2251 Fax: 970-476-4732 EMail: kbiggs@ltgc.com TOWN OF VAIL HOUSING DIVISION 75 S. FRONTAGE RD. VAIL, CO 81657 Attn: NINA TIMM Phone: 970-479-2144 Fax: 970-479-2452 Copies: 1 EMail: ntimm@vailgov.com,mmire@vailgov.com Linked Commitment Delivery Land Title Guarantee Company Date: Our Order Number: Buyer/Borrower: Seller/Owner: Property Address: Need a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com for directions to any of our 54 office locations. THANK YOU FOR YOUR ORDER! ESTIMATE OF TITLE FEES If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL Form CONTACT 06/04 01-13-2010 VC50022408.1 TO BE DETERMINED TIMBER RIDGE AFFORDABLE HOUSING CORPORATION, A COLORADO NON-PROFIT CORPORATION 1280 N. FRONTAGE ROAD W. AKA LOT 1-5, BLK C, LIONS RIDGE FILING 1 VAIL, CO 81657 TBD Commitment $250.00 $250.00 Land Title Guarantee Company LAND TITLE GUARANTEE COMPANY INVOICE - CHARGES - When referring to this order, please reference our Order No. Please make checks payable to: Land Title Guarantee Company 5975 Greenwood Plaza Blvd. Suite 125 Greenwood Village, CO 80111-4701 Owner: Property Address: Your Reference No.: --Total-- VC50022408.1 TBD Commitment $250.00 $250.00 TIMBER RIDGE AFFORDABLE HOUSING CORPORATION, A COLORADO NON-PROFIT CORPORATION 1280 N. FRONTAGE ROAD W. AKA LOT 1-5, BLK C, LIONS RIDGE FILING 1 VAIL, CO 81657 January 13, 2010 Schedule A Our Order No. Cust. Ref.: 1. Effective Date: 2. Policy to be Issued, and Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: 4. Title to the estate or interest covered herein is at the effective date hereof vested in: 5. The Land referred to in this Commitment is described as follows: Property Address: VC50022408.1 A L T A C O M M I T M E N T 1280 N. FRONTAGE ROAD W. AKA LOT 1-5, BLK C, LIONS RIDGE FILING 1 VAIL, CO 81657 December 31, 2009 at 5:00 P.M. "TBD" Commitment Proposed Insured: TO BE DETERMINED A Fee Simple TIMBER RIDGE AFFORDABLE HOUSING CORPORATION, A COLORADO NON-PROFIT CORPORATION SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION Chicago Title Insurance Company LEGAL DESCRIPTION Our Order No:VC50022408.1 LOTS 1, 2, 3, 4, AND 5, BLOCK C, LION'S RIDGE SUBDIVISION, ACCORDING TO THE PLAT RECORDED JUNE 8, 1973 IN BOOK 229 AT PAGE 458, COUNTY OF EAGLE, STATE OF COLORADO. AND ALL RIGHTS, TITLE, AND INTEREST TO AN EASEMENT IN THE FOLLOWING DESCRIBED PROPERTY: THAT PROPERTY DESCRIBED IN AN ENCROACHMENT EASEMENT AGREEMENT FILED FOR RECORD JANUARY 30, 1980 IN BOOK 298 AT PAGE 22, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PART OF LOT 6, BLOCK C, LION'S RIDGE SUBDIVISION, ACCORDING TO THE PLAT RECORDED JUNE 8, 1973 IN BOOK 229 AT PAGE 458, COUNTY OF EAGLE, STATE OF COLORADO, SAID PART BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT 6 WHENCE THE SOUTHWEST CORNER OF SAID LOT 6 BEARS S 37 DEGREES 09 MINUTES 31 SECONDS E 40.54 FEET; THENCE N 37 DEGREES 09 MINUTES 31 SECONDS W ON SAID WESTERLY LINE 103.01 FEET; THENCE DEPARTING SAID WESTERLY LINE N 41 DEGREES 23 MINUTES 21 SECONDS E 7.25 FEET; THENCE S 48 DEGREES 36 MINUTES 39 SECONDS E 53.16 FEET; THENCE S 41 DEGREES 23 MINUTES 21 SECONDS W 4.90 FEET; THENCE S 48 DEGREES 36 MINUTES 39 SECONDS E 47.80 FEET; THENCE S 41 DEGREES 23 MINUTES 21 SECONDS W 22.80 FEET TO THE POINT OF BEGINNING, COUNTY OF EAGLE, STATE OF COLORADO. The following are the requirements to be complied with: (Requirements)Our Order No. A L T A C O M M I T M E N T Schedule B - Section 1 VC50022408.1 Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: THIS COMMITMENT IS FOR INFORMATION ONLY. WHEN ADDITIONAL INFORMATION IS OBTAINED ABOUT THE PROJECT, THE COMPANY RESERVES THE RIGHT TO MAKE FUTHER REQUIREMENTS AND/OR REVISIONS HERETO. The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: (Exceptions)Our Order No. A L T A C O M M I T M E N T Schedule B - Section 2 VC50022408.1 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching to the subsequent effective date hereof but prior to the date the proposed Insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency tha may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 16, 1909, IN BOOK 48 AT PAGE 542 AND IN UNITED STATES PATENT RECORDED DECEMBER 29, 1920, IN BOOK 93 AT PAGE 42. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 16, 1909, IN BOOK 48, AT PAGE 542 AND RECORDED DECEMBER 29, 1920, IN BOOK 93 AT PAGE 42. EASEMENTS, RESERVATIONS, AND RESTRICTIONS AS SHOWN OR RESERVED ON THE RECORDED PLATS OF A RESUBDIVISION OF LION'S RIDGE SUBDIVISION BLOCK C. EASEMENT AGREEMENT AS CONTAINED IN INSTRUMENT RECORDED JULY 19, 1972 IN BOOK 224 AT PAGE 824. The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: (Exceptions)Our Order No. A L T A C O M M I T M E N T Schedule B - Section 2 VC50022408.1 12. 13. 14. 15. 16. 17. 18. 19. 20. TERMS, CONDITIONS AND PROVISIONS OF UNDERGROUND RIGHT OF WAY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. RECORDED SEPTEMBER 12, 1979 IN BOOK 290 AT PAGE 952. TERMS, CONDITIONS AND PROVISIONS OF ENCROACHMENT EASEMENT AGREEMENT RECORDED JANUARY 30, 1980 IN BOOK 298 AT PAGE 22. TERMS, CONDITIONS AND PROVISIONS OF UNDERGROUND RIGHT OF WAY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. RECORDED OCTOBER 15, 1980 IN BOOK 311 AT PAGE 210. TERMS, CONDITIONS AND PROVISIONS OF QUIT CLAIM RECORDED DECEMBER 22, 1988 IN BOOK 497 AT PAGE 279. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT FOR BUS SHELTER RECORDED MAY 15, 2002 AT RECEPTION NO. 795694. TERMS, CONDITIONS AND PROVISIONS OF MASTER DEED RESTRICTION RECORDED JULY 17, 2003 AT RECEPTION NO. 840811. TERMS, CONDITIONS AND PROVISIONS OF TIMBER RIDGE AFFORDABLE HOUSING PROJECT - PROJECT AGREEMENT RECORDED SEPTEMBER 04, 2003 AT RECEPTION NO. 846636. TERMS, CONDITIONS AND PROVISIONS OF ABSTRACT OF LEASE RECORDED NOVEMBER 21, 2003 AT RECEPTION NO. 858980. DEED OF TRUST DATED JULY 17, 2003 FROM TIMBER RIDGE AFFORDABLE HOUSING CORPORATION, A COLORADO NON-PROFIT CORPORATION TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF U.S. BANK NATIONAL ASSOCIATION TO SECURE THE SUM OF $19,207,431.51, AND ANY OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED JULY 17, 2003, UNDER RECEPTION NO. 840810. LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Form DISCLOSURE 09/01/02