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Home My WebLink AboutADM12001341'AlL T�4fikr Project Name: Application Type: Project Description: ADMINISTRATIVE ACTION FORM Department of Community Development 75 South Frontage Road Vail, CO 81657 tel: 970 - 479 -2138 fax: 970 - 479 -2452 web: www.vailgov.com Truscheit Res. Plat DupSubPl DUPLEX SUBDIVISION PLAT ADM Number: ADM120013 Parcel: 2101 - 122 - 1900 -4 Participants: OWNER TRUSCHEIT, ROBERT E. 11/30/2012 2338 HEARTH DR 39 EVERGREEN CO 80439 CONTRACTOR SCOTT S. TURNIPSEED, AIp PO BOX 3388 EAGLE COLORADO 81631 License: 320 -A APPLICANT TRUSCHEIT, ROBERT E. 2338 HEARTH DR 39 EVERGREEN CO 80439 Project Address: 4017 LUPINE DR VAIL 11/30/2012 Phone: (970) 328-3900 11/30/2012 Legal Description: Lot: 7 Block: Subdivision: BIGHORN SUB Comments: See conditions Location: BOARD /STAFF ACTION Motion By: Action: STAFFAPR Second By: Vote: Date of Approval: 12/10/2012 Meeting Date: Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and /or the appropriate review committee(s). Cond: CON0012983 The applicant shall make the two changes to the notes as indicated on the marked /corrected plat. A copy of the marked /corrected plat was provided to the applicant. Planner: Warren Campbell DRB Fee Paid: $100.00 E Department of Community Development 75 South Frontage Road TOWN OF VAIL ` NOV g� Vail, CO 81657 Tel: 970 479 -2128 www.vailgov.com TOWN OF VAIL Development Review Coordinator Administrative Application Duplex Subdivisions General Information: The required approval for a duplex subdivision or resubdivision of an improved duplex lot and structure will require town approval through the administrator, subject to review by other Town of Vail departments. No duplex subdivision shall be approved unless the lots are, improved with at least foundations for both units existing at the time of submittal. Please see Section 13 -8, Duplex Subdivisions, Vail Town Code for more detailed information. Vail Town Code can be found on the Town's website at www.vailgov.com. Fee: $100 Recording Fees: Please visit the Eagle County website http Ilwww eacllecounty.us /clerk /oublicRecords cfm for the most up -to -date recording fees and check with your planner prior to submitting the payment. A check written out to the Eagle County Clerk and Recorder is required to be submitted once the plat has been approved by the Planning and Environmental Commission and prior to the recording of the plat. Description of the Request: Duplex Plat Physical Address: 4017 Lupine Drive Parcel Number: 2101- 122 -19 -004 (Contact Eagle Co. Assessor at 970 - 328 -8640 for parcel no.) Property Owner: Robert E. Truscheit Mailing Address: 451 Three Meadows Lane, Evergreen, CO 80439 1_ 1 Phone: 303 - 674 -3550 Owner's Signature �o D 1'lt� ,ICJ + S� n 0 W V1 as n Primary Contact/ Owner Representative: John Nilsson Mailing Address: c/o Slifer, Smith & Frampton, 531 E. Lionshead Circle, #11, Vail, CO 81657 Phone: 970-479 -0245 E -Mail: vailpro @hotmail.com Fax: For Office Use Only: Cash_ CC: Visa / MC Last 4 CC # 51 � 9 Auth # 01,00q C Check # Fee Paid: 41 DID .nf) Meeting Date: Planner: Zoning: Received From: i-A &j 1- N i i -SS U+J ADM No.: Ptorn 1 �), 0l-ns Project No: Ms I k" c' 09 Land Use: Location of the Proposal: Lot:'_ Block: Subdivision: :B I� 01- Aug - I 1 CI 0 z z 0 Land Title Guarantee Company CUSTOMER DISTRIBUTION land Tile GUARANTEE COMPANY W w W. LT C C. cox Date: 11 -14 -2012 Our Order Number: V50034240 Property Address: 4017 LUPINE DRIVE AKA LOT 7A BIGHORN SUB VAIL, CO 81657 If you have any inquiries or require further assistance, please contact one of the numbers below. For Closing Assistance: Sara Corcoran 0090 BENCHMARK RD #205 PO BOX 3480 AVON, CO 81620 Phone: 970-748-4781 Fax: 877- 408 -7373 EMail: scorcoran@ltgc.com SLIFER, SMITH & FRAMPTON - LIONSHEAD *TMX* 531 E LIONSHEAD CIR #11 VAIL, CO 81657 Attn: JOHN NILSSON Phone: 970 - 479 -0245 Fax: 970 - 479 -5911 EMail: vailpro @hotmail.com Sent Via EMail GCH LLC 451 THREE MEADOWS LN EVERGREEN CO 80439 Attn: ROBERT E TRUSCHEIT Phone: 303 - 674 -3550 Fax: 303 - 674 -0334 EMail: rtruscheit @hotmail.com Sent Via EMail LAND TITLE GUARANTEE COMPANY 0090 BENCHMARK RD #205 PO BOX 3480 AVON, CO 81620 Attn: Sara Corcoran Phone: 970 - 748 -4781 Fax: 877 -408 -7373 EMail: sorcoran@ltgc.com 01.01.15 For Title Assistance: Vail Title Dept. 610 WEST LIONSHEAD CIRCLE #200 VAIL, CO 81657 Phone: 970 -476 -2251 Fax: 970 - 476 -4534 EMail: eaglecountyrequests @ ltgc.com SLIFER, SMITH & FRAMPTON 531 E LIONSHEAD CIR #11 VAIL, CO 81657 Attn: LIZ LEEDS Phone: 970 - 479 -0245 Fax: 970 - 479 -5911 EMail: ]leeds @slifer.net Sent Via EMail LIONSHEAD *TMX* PATRICK D. DREW AND KATHRYN M. DREW 2015 STONERIDGE TERRACE AUSTIN, TX 78746 Phone: 512 - 633 -4610 EMail: pdrewg58 @gmail.com Sent Via EMail GREGORY PERKINS LLC *TMX* 710 W LIONSHEAD CIR #B VAIL, CO 81657 Attn: GREG PERKINS Phone: 970 - 306 -7554 Fax: 866 - 393 -9835 EMail: greg @gperkinslaw.com Sent Via EMail Land Title Guarantee Company CUSTOMER DISTRIBUTION [.and Tide GUARANTEE COMPANY W W. LT Ca COM Date: 11 -14 -2012 Our Order Number: V50034240 Property Address: 4017 LUPINE DRIVE AKA LOT 7A BIGHORN SUB VAIL, CO 81657 SLIFER SMITH & FRAMPTON -AVON *TMX* 0090 BENCHMARK RD #105 AVON, CO 81620 Attn: JANNA CARVILL Phone: 970 - 845 -2012 Fax: 866 - 743 -1589 EMail: jcarvill @slifer.net Sent Via EMail BRYAN CAVE HRO 1401 PEARL ST. SUITE 400 BOULDER, CO 80302 Attn: JOHN B. WOOD Phone: 303 - 444 -5955 Fax: 303 - 444 -1063 EMail: john.wood @bryancave.com Sent Via EMail DELIWRY.O (8/2003) SLIFER SMITH & FRAMPTON -AVON *TMX* 0090 BENCHMARK RD #105 AVON, CO 81620 Attn: JAN JOHNSON Phone: 970 - 845 -2030 Fax: 866 -562 -0913 EMail: Johnson @slifer.net Sent Via EMail Land Title Guarantee Company Date: 11 -14 -2012 ]. d I lk Our Order Number: V50034240 GUARANTEE COMPANY W W W. LT G C. C 0 M Property Address: 4017 LUPINE DRIVE AKA LOT 7A BIGHORN SUB VAIL, CO 81657 Buyer/Borrower: PATRICK D. DREW AND KATHRYN M. DREW Seller /Owner: ROBERT E. TRUSCHEIT Wire Information: Bank: FIRSTBANK OF COLORADO 10403 W COLFAX AVENUE LAKEWOOD, CO 80215 Phone: 303 - 237 -5000 Credit: LAND TITLE GUARANTEE COMPANY ABA No.: 107005047 Account: 2160521825 Attention: Sara Corcoran Need a map or directions foryour upcoming closing? Check out Land Title's web site at www.Itgc.com 11F1 u1lcl.l1w13 w ally Ul UU1 Ott 11 Lr 1Vl1a UU11J. ESTIMATE OF TITLE FEES ALTA Owners Policy 06 -17 -06 $5,279.00 Tax Report R012750 $25.00 If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL Form CONTACT 0e /04 THANK YOU FOR YOUR ORDER! $5,304.00 First American Title Insurance Company ALTA COMMITMENT Our Order No. V50034240 Schedule A Cust. Ref.: Property Address: 4017 LUPINE DRIVE AKA LOT 7A BIGHORN SUB VAIL, CO 81657 1. Effective Date: August 09, 2012 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 06 -17 -06 $2,733,249.00 Proposed Insured: PATRICK D. DREW AND KATHRYN M. DREW 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: ROBERT E. TRUSCHEIT 5. The Land referred to in this Commitment is described as follows: NOTE: THE FOLLOWING LEGAL DESCRIPTION IS PRELIMINARY AND IS SUBJECT TO CHANGE UPON COMPLIANCE WITH THE REQUIREMENTS UNDER SCHEDULE B -1, HEREIN. LOT 7, BIGHORN SUBDIVISION, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. V50034240 The following are the requirements to be complied with: 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: 1. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED. 2. RECORD DULY EXECUTED AND ACKNOWLEDGED PLAT OF A RESUBDIVISION OF LOT 7, BIGHORN SUBDIVISION. NOTE: A COPY OF SAID PLAT MUST BE SUBMITTED TO LAND TITLE GUARANTEE COMPANY PRIOR TO RECORDATION. UPON RECEIPT AND REVIEW FURTHER REQUIREMENTS AND /OR EXCEPTIONS MAY BE NECESSARY. 3. RECORDATION OF THE PARTY WALL AGREEMENT FOR A RESUBDIVISION OF LOT 7, BIGHORN SUBDIVISION. FURNISH TO LAND TITLE GUARANTEE COMPANY THOSE SECTIONS OF THE FULLY EXECUTED OPERATING AGREEMENT FOR GCH, LLC, A COLORADO LIMITED LIABILITY COMPANY THAT DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID ENTITY. NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF GCH LLC, A COLORADO LIMITED LIABILITY COMPANY AS A A COLORADO LIMITED LIABILITY COMPANY. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38 -30 -172, CRS. ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. V50034240 Continued: NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. RELEASE OF DEED OF TRUST FROM ROBERT E. TRUSCHEIT TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF COLORADO BUSINESS BANK TO SECURE THE SUM OF $1,450,000.00 AND NOT YET OF RECORD. 7. GOOD AND SUFFICIENT DEED FROM ROBERT E. TRUSCHEIT TO GCH LLC, A COLORADO LIMITED LIABILITY COMPANY CONVEYING SUBJECT PROPERTY. 8. WARRANTY DEED FROM GCH LLC, A COLORADO LIMITED LIABILITY COMPANY TO PATRICK D. DREW AND KATHRYN M. DREW CONVEYING SUBJECT PROPERTY. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50034240 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: 1. 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. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. 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. 4. 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. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the 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. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. (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. 8. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 22, 1939, IN BOOK 123 AT PAGE 625. 9. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED DECEMBER 20, 1962, IN BOOK 174 AT PAGE 403 AND AMENDED IN INSTRUMENT RECORDED APRIL 3, 1963 IN BOOK 175 AT PAGE 33 AND AMENDED IN INSTRUMENT RECORDED MAY 3, 1963 IN BOOK 175 AT PAGE 81. 10. TEN PERCENT NON - PARTICIPATING ROYALTY IN AND TO PROCEEDS DERIVED FROM THE SALE OF ANY MINERALS OF WHATSOEVER KIND AND NATURE, PRODUCED AND MINED FROM THE SAID PREMISES AS RESERVED TO GUST KIAHTIPES AND EVA J. KIAHTIPES BY INSTRUMENT RECORDED NOVEMBER 2, 1962 IN BOOK 166 AT PAGE 407, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50034240 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: 11. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED PLAT OF BIGHORN SUBDIVISION RECORDED DECEMBER 3, 1962 RECEPTION NO. 96766. 12. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF A RESUBDIVISION OF LOT 7, BIGHORN SUBDIVISION RECORDED 13. TERMS, CONDITIONS, AND PROVISIONS OF PARTY WALL AGREEMENT BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED 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 IIue listing each taxing jurisdictions all be obtained from the County Treasurer or the Count 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 Relations 3 -5 -1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all mat ers which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recordin or filing of legal documents resulting from the transaction which was closed ". Provided that &Z 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 Owners 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 Po icy 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 -fled mechanics 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 proper y without the surface owner's permission. Note: Pursuant to CRS 10- 1- 128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, information to an insurance company for the purpose of defrauding or incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies. 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. DISCLOSURE 02/2011 First American Title Insurance Company PRIVACY POLICY We are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, the First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: * Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested to us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled respnsibly and in accordance with this Privacy Policy and First American's Fair Information values. We currently maintain physical, electronic, and procedural safeguards that comply with referral regulations to guard your nonpublic personal information. WEBSITE Information on the calculation of premiums and other title related charges are listed at First American's website: www.firstam.com NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, INC., A COLORADO CORPORATION AND MERIDIAN LAND TITLE, L.L.C., A COLORADO LIMITED LIABLITY COMPANY, D /B /A LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION This Statement is provided to you as a customer of Land Title Guarantee Company, a Colorado corporation and Meridian Land Title, LLC, d/b /a Land Title Guarantee Company - Grand Junction. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non - public personal information ( "Personal Information "). In the course of our business, we may collect Personal Information about you from: • applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; • your transactions with, or from the services being performed by, us, our affiliates, or others; • a consumer reporting agency, if such information is provided to us in connection with your transaction; and • the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non - affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: • We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. • We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. • Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. • We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Form PRIV.POL.LTG.l