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HomeMy WebLinkAboutADM120015 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 Project Name:Vail Townhouses Amended Plat Application Type:CondThPl ADM Number: ADM120015 Parcel: 2101-082-3001-5 Project Description:Amended Condominium Plat Participants: OWNER CREEKVIEW PROPERTY LLC 12/11/2012 PO BOX 5450 AVON CO 81620 APPLICANT CREEKVIEW PROPERTY LLC 12/11/2012 Phone: 970-476-0906 REPRESENTED BY DALE BUGBY PO BOX 5450 AVON CO 81620 Project Address:303 GORE CREEK DR VAILLocation: VAIL ROWHOUSE UNIT 6A & 6B Legal Description: Lot: Block: Subdivision: Comments: BOARD/STAFF ACTION Motion By: Action: STAFFAPR Second By: Vote: Date of Approval: 12/26/2012 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). Planner:Bill Gibson DRB Fee Paid: $100.00 TOWN OF VAIL ` � � � � V � D p�� 10 �012 TOWN OF VAIL Department of Community Development 75 South Frontage Road Vail, CO 81657 Tel: 970�79-2128 www.vailgov.com Development Review Coordinator Administrative Application Condominium and Townhouse Plat General Information: Condominium and townhouse plats which do not constitute "conversions" from rental as defined in Section 13-7-2, Definitions, Vail Town Code may be approved by the administrator, subject to review by other Town of Vail departments. Please see Section 13-6, Condominium and Townhouse Plats, Vail Town Code for more detailed information. Vail Town Code can be found on the Town's website at www.vailaov.com. Fee: $100 Recording Fees: Please visit the Eagle County website htta://www.eaalecountv.us/clerk/qublicRecords.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: Amended Condominium Plat Physical Address: 303 Gore Creek Drive Parcel Number: 2101-082-30-018 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Property Owner: Creekview Property, LLC Mailing Address: PO Box 5450, Avon, CO 81620 Owner's Signature: Primary Contact/ Owner Dale Mailing Address: 635 N. Fontage Road W., #1 Vail, CO 81657 Phone: (970) 476-0906 E-Mail: dbugby@vailresortrentals.com Fax: (9�0) 476-5026 G For Office Use Only: Cash_ CC: Visa / MC Last 4 CC # Auth # Check #��T Fee Paid: �c�J � Received From: � l Wv��b�-e ��'�.� � Meeting Date: ADM No.: Z C�l Planner: Project No: � — ` Zoning: Location of the Proposal: Lot: Land Use: Block: Subdivision: Icic . ,4 � � �d 11U� cvuuecr►� oow,un ewx.arcc.tsr Date: 06-02-2011 Land Titie Guarantee Company CUSTOMER DISTRIBUTION Our Order Number: V50028580-5 Property Address: 303 GORE CREEK DRIVE AKA UNIT 6A VAIL TOWNHOUSB VAIL, CO 81657 Ifyou have any inqufrr'es or reqrrire further assistance, please conlact one of the numbers belois�: For Clos[np Assistance; Kathryn i(uchler 0090 BENCHMARTC RD #205 PO BOX 348D AVON, CO 8162d Phone: 970-798•478Z Fa�c: 866-338-6834 EMail: kkuchler@ltgc.com Clostr's Assistant: Aiiison Benoil Phone: 870-748-4795 Faz: 877-26B-4173 EMaIl: abenoit@Itgc.rnm SLIFER, SMITH & FRAMPTON - iIOIQSHEAD `Tt��D�C' 531 E LIONSHEAD CIR#�il VAtI., CO 81657 Ann: EUSTAQUIO CORT[NA Phone: 970.479-0245 Fax: 970-479-59I1 Copies: 1 EMail: ecortlnaC�slifcr.net Linked Comnutmenl Delivery GELA LARREA-GALLARDO Phone: 525552011911 ET►iaii: erojas@gamsa.wro.mx Linked Commitmenl Delivery MARGARET E. HANLON. PC''I'MX* 225 WALL STREET SiJ1TE 20l vAU., co sis37 AHn: triEG HANL03@ Phone: 970-47&9066 Fax: 570-476-8984 Copies: 1 EA�lail: meh@itanlonvail.com Linked Commtlmcat Delivery 06.03.11 For Title Assistance• Vail Title Dcpt. 610 WFST LIONSHEAD CIRCLE #200 VAIL, CO 81657 Phone: 970-476-2251 Fax: 970-476-4534 EMatt: eaglecountyre�uests@itgc.com MARGRETI'A B. 8 CHRISTOPHER L. PARKS P.O. BOX 1284 VAIL, CO 8165B Pbone: 970-390-8395 EMail: clpvalllCmsn.com Linked Commitmenl Dellvery LAIVD TITLE GUARAIVTEE COMPANY 0090 BENCHMAitK RD #205 PO BOX 39$0 AVO1V, CO 81620 Attn: Kathrya Kuchler Pbone: 97ff-798•9782 Faa: 866-358-6634 Copies: ! EI�4ail: kkuchler@ligc.com GARFJELD & HECHT, P.C. *TMX' PO $OX 5450 AVON, CO B1620 Attn: KURSTEN CANADA Phone: 970-999-1566 Rax: 970-999-1810 Copies: 1 Elvfail: kcanada@garfleldhecht.com Linked Commiimenl Deiivery �{, Land Tltle QIARAKfEE COl11NTIT awx.�rcc.cor Date: 06-02-2011 Land Title Guarantee Company CUSTOMER DISTRIBUTION Our Order Number: V50028580-5 Property Address: 303 GORE CREEK DItIVE AKA UNIT 6A VATL TOWNHOUSE VAIL, CQ 81657 SLiFER SMITH & FRAMPTON-AVON 'TMX• 0090 BE�'CHMARK RD i105 AVOIS, CO 81620 AlM: JAN ZOHNSON Phone: 970-8d5-2030 Fax: 866-582-0313 Coptes: 1 El�iall: jjoluuonC�slifer.net Linked Commitment Deiivery 07.07.10 �.ivTU.o �e/xooa� Land Tide Guarantee Company Date: 06-02-2011 �d � Our Order Number: V5002858d-5 f�1Ll{AHTEE GON�ANY rwr_iroc.cor ' Property Address: 303 GO1tE CREEK DRNE AKA U1VIT 6A VAIL TOWNHOUSE VAiL, CO 81657 BuyerBorrower: CREEKVI�W PROPERTY, LI.C, A C4LORAUO LIMITED LIABILITY COMPANY Seller/Owner: MARGRETTA B. PARKS AND CHRISTOPHER L. PARKS Wire Information: Bank: FIRS7'BANK OF COLORADO 10403 W COLFAX A VENUE LAKEWDOD, CO 80215 Phone: 303-237-5000 Cred11.� LAND TITLE GUAR91V7'Efi COMPANY ABA No.: 107005047 Accaunt: 2160521825 AttenBon: Xatlrryn Xuchler #�k�k�k+k#*R��k*#####�kt#�kt*t###�R�R�F�ki##�k�ktt*�k#*4#+k#7�**##�F�k####t####�ki�#t+k Note: Ouce an original commitment has been issued, any subsequent modiRcations �vill be emphasized by underllning. ss*.**�*�z:*���s��*:**.*:*�*��*«:*�*s*ss��.*****::*x�*��***,:**�:�:* Need_a map or dfrecttons for your upcoming ciosing? Check out Land Title's web site at www.ltgc.com rem cam,a os/a T}iANIC YQU FOR YOUR OItDER! First American Title Insurance Company ALTA COMMITMENT Our Order No. V50028580-5 Schedule A Cusi. Ref.: Property Address: 303 GORE CREEK DRIVE AKA UNIT 6A VAIL TOWNHOUSE VAIL, CO 81857 1. Effective Date: Ma,y 24. 201I at 5:00 P.M. 2. Pojicy to be Issaed, and Proposed Insured: "ALTA" Otvner's Policy 06-17-0& Proposed Insured: CREEKViEW PROPERTY, LLC, A COLORADO LIMITED LIA$IL[TY COMPANY 53,125,000.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fce Simple 4. TiBe to the estate or interest covered i�erein is at the effective date hereaf vested in: MARGRETTA B. PARKS AND CHRISTOPHER L. PARKS 5. The Land refcrred to in thIs Commitment is dtscribed as follows: CONDOMINIUM UNIT 6A, VAIL TOWNHOUSBS CONDOMINIUM, ACCORDING TO THE AMENDED AND RESTATED CONDOMINIUM MAP RECORDED MAY 18, 2005, UNDER RECEPTION N0. 915810, AND ACCORDING TO THE SECOND AMENDED AND RESTATED CONDOMINIUM MAP RECORDED ,jANUARY 10, 2007, UNDER RECEPTiON NO. 200700856, AND ACCORDING TO THE THIRD AMENDED AND RESTATED CONDOM[NIUM MAP REC012DED NOVEMBER 16, 2009, UNDER RECEPTION N0. 2009245I5, AND ACCORDING TO THE AMENDED AND RESTATED CONDOMINIUM DECLARATION RECORDBD MAY 16, 2005, UNbER RECEPTION NO. 915809, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT Scl�edule B - Section 1 (Requirements) Our Order No. V500Z8580-5 The fallowing are the requ(remenis to be complled wiW: Item (a} Payment ta or for the account af the graators or morigagors of the ful( consfderafion for the estate or interest to be insured. Item {b) Proper insWment(s) creating U�e estate or interest to be lnsured must be executed and duly filed for record, to-wk: Item {c) Payment of all taxes, charges or assessments levied and assessed against the subject ptemises tivhtch are due and payable. Item {d) Additional requiremenls, if any disclosed bela�v: 1. BVIDENCE SATISFACTORY TO THB COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF TI-IE TOWN OF VAIL TRAIVSFER TAX HAVE BEEN SATISFIED. 2. CERTIFICATE OF RIGHT UF FIRST REFUSAL IN COMPLIANCE WITH THE TERMS, CONDITIONS AND PRQVISIONS OF CONDOMINIUM DECLARATION. 3. �ITEM INTENTIONALLY DELE'1'ED) 4. RELEASE OF DEED OF TRUST DATED .NLY 20, 2004 FROM MARGRE'ITA B. PARKS TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR CHEVY CHASE BANK TO SECURE THS SUM OF S1,210,000.00 RECORDED JULY 27, 2004, UNDER RECEPTION N0. 885619. 5. RELEA3E BX THE UNITED STATES INTEItNAL REVENUE SERVICE OF FEDERAL TAX LIEN AGAINST CHRIST�PHER L. PARKS IN THE AMOUNT OF S10,538.23 RECORDED MARCH 22, 2410, UNDER RECEPTION NO. 201005338. 6. RELEASE OF DEED OF TRUS'T DATED AUGUST 29, 2011 FROM MARGRETTA B. PARKS AND CHRiSTOPHER L. PARKS TO THE PUBLIC TRUSTEE OF EAGI.E CQUNTY FOR THE USE OF WHITEFORD FAMIT.Y 2000 TRUST '�0 SECURE THE SUM OF 5442,800.00 RECORDED APRIL 29, 2011, UNDER RBCEPTION N0. 201107872. 7. WARRANTY DEED FROM MARGRETTA B. PARKS AND CHRISTOPHER L. PARKS TO CREEKVIEW PROPERTY, LLC, A COLOItADO LIMITSD LIABILITY GOMPANY CONVEXING SUBjECT PROPERTY. ALTA COMMITMENT Schedule B - Sectlon 1 (Requirements) Our Orcier No. V50028580-5 CanHnued: NOTE• THE OPEItATING AGREEMENT FOR CREEKV�EW PROPERTY LLC, A COLORADO LIMITED LIABILITY COMPANY DISCLOSES GELA LARREA GA�.LARDO AS THE MEMBERtS) OR 1viANAGERiS) THAT MUST EXECUTE LEGAL INSTRUMENTS ON BEHALF OF SAID ETITITY. THE FOLLOWING DELETIONS/MODIFICATIONS ARE FOR THB OWNER'S POLICY. NOTE: ITEMS 1-3 OF THE GENERAL EXCEPTIONS ARE HEREBY AELETED. UPON THE APPROVAL 0� THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 9 ON THE LOAN POLICY WILL BE DELETED. UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FI1�iAL LIEN AFFIDAVIT, ITEM N0. 4 OF THE GENERAL EXCEPTIONS ON THE OWNER'S POLICY WILL BE AMENDED AS FOLLOWS: ITEM NO. 4 OF THE GEI�ERAL EXGEPTiONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL RURt�ISHEA AT THE REQUEST OF MARGRETTA B. PARKS A.ND CHRISTOPHER L. PARKS. FIRST AMERICAN TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF CREEKVIEW PROPERTY, LLC, A COLORADO LIMITED LIABiLITY COMPANY. NOTE: ITEM 5 OF THE GENERAL EXCEPTIONS WILL BE DBLETED I� LAND TITLE GUARANTEE COMPAt�TY CONDUCTS THE CLOSING OF THE CONTEMPLATED'FRAiVSACTION(Sj AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. NOTE: UPON PIt00F OF PAYMENT OF ALL'TAXES, ITEM 6 WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2010 AND SUBSEQUENT YEARS. NOTE: ADDITIONAL REQUIREMBNTS OR EXCEPTIONS MAY $E NECESSARY WHEN THE BUYERS NAMES ARB ADDED TO THIS COMMTTMENT. COVERAGES AND/OR CHARGES REFLECTED HEREiN, ]E ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAI. FSTATE AND ANY AMENDMENTS THERETO. NQTE: THIS COMMTTMENT IS SUBJECT TO UI�DERWltITER APPROVAL. ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS MAY BE NECESSARY IIV ORDER FOR UNDERWRITER TO ISSUB SAID APPROVAL. ALTA COMMITMENT Schettule B - Sec�ion 2 (Exceptions} Our Order No. V5U028580-5 The policy or poitctes to be issued will contain exceptians #o the following unless the same are disposed of to the sattsfactton of the Company: 1. Any facts, dghts, Interests, or ctaims d�ereof, not sho�vn by the Public Reeords but that could be ascertained by an inspection ofthe Land orthaE may be asserted by personsin possessian of tlie Land. 2. Easemenls, llens or encumbrances, or claims thereof, not shotvn by the Public Itecords. 3. Any encraachment, encumbrance, violaflon, varlation, or adverse circamstance at%cting the Titie that would 6e disclosed by an accurate and complete land survey of the Land and not sho�vn by the Pub�ic Records. 4. Any lien, or right to a lten, for services, labor or material heretofore or hereafter furnished, imposed by law and not sho�vn by the Public Recards. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, f3rst appearIng io the publlc records or attacl�ing subsequent ta the effective date Lereof but prior to the date the proposed inswed acquires of record for value the estaEe ar interesi or mortgage thereon covered by this Cammitmertt. 6. Any and all unpaid taxes, assessments and unredecmed tax sales. 7. (a) Unpatented mining claims; (b) reservaUons or exceptions in patents or in Acts authorizing the issuante thereof; (c} tivater rigf►ts, claims ar tide to water, �vhether or not the matiers excepted under (a), (b), or (c) are sho�vn by the Public Records. 8. RIGHT OF THE PBOPRIETOR OF A VEIN OR LODE TO EXTR4CT AND REMQVE HIS ORE THEREFRQM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHOitITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED Ji�LY 12, 1899 IN BOOK 48 AT PAGE 475. 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 ORTENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEP7' TQ THE EXTENT THAT SA1D COVENANT OR ItESTRICTION IS PERMITTEU BY APPLICABLE I.AW, AS CQNTAINED IN INSTRUMENT RECORDED AUGUST 10, I962 IN BOOK 174 AT PAGE 179. 10. EASEMENTS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED PLAT OF A RESUBDIVISION OF BLOCK 5 AND A PART OF GORE CREEK DRIVE, VAiL VILLAGE FIRST FiLIIVG. 11. RESTRICTIVE COVENANTS, WHICH D� NOT CONTAIN A FORFEITURE QR REVERTER CLAUSE, BUT OMITTTNG ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON ALTA COMMITMENT Schedule B - Section Z {Exceptions) Our Order No. V50028580-5 The gollcy or polfcfes to be issued wW contain exceptlons to the following ualess the same are dtsposed of to the safisfaction of the Company: RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARiTAL STATUS, DISABILITX, HANDICAP, NATtONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IiV APPLICABLE STATE OR FEDERAL LAWS, EXCBPT TO THE EXTENT THAT SAID COVENANT OR ItESTRICTION IS PERMITTED BY APPL[CABLE LAW, AS CONTAINED iN INSTRUMENT RECOT2DED MAY 16, 2005, UNDER RECBPTION N�. 9I58a9, AND AS AMENDED IN INSTRUMEI3T RECORDED JANUARY 10, 2007, UNDER RECEPTION NU. 200700855. i2. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RBSERVATIONS AND N4TES ON THE AMENDED AND RESTATED MAP OF VAiL TOWNHOUSES RECORDED MAY 16, 2005, UNDER RECEPTION NO. 915810, AND ON THE SECOND AMEIVDED AND RESTATED CONDOMINIUM PLAT RECORDED jANUARY 10, 2007, AT RECEPTION N0. 2007856. 13. TERMS, CONDITIONS AND PROVISIONS OF PARTY WALL AGREEMENT RECORDEb JANUARY 23, 1964 IN BODK 175 AT PAGE 373. 14. TERMS, CONDITIONS AND PROVISIONS OF AFF[DAVIT AND LETTER AGREEMENT ItECORDED NOVBMBER 08, 2006 AT RECEPTION NO. 20U630740. 15. TERMS, CONDITIONS AND PROVISIONS OF AMBNDMENT AND SUPPLEMENTAL CONDOMINIUM DECLARATION FOR VAIL TOWNHOUSES CONDOMINIUMS I2ECORDED JANUARY 10, 2007 AT RECEPTION N0. 200700855. I6. EASEMEIVTS, COiVDITIONS, COVENANTS. RESTRICTIONS, RESERVATIONS AND NOTES ON THE PI.HT OF THTRD AMENDED AND RESTATED CONDOMINIUM PLAT OF VAIL TOWNHOUSE CpNDOMINIUMS RECORDED NOVEMBER 16, 2009, UNDER RECEPTIQN IVO. 200924515. LAND T1TLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, noUce is hereby given that: A) The subject real roperty may be iacated in a special taxing district. B} A Cerlif3cate of �aa�es IIue 1�sUng each taxIng Jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special distrlcts and the boundazies of such districts may be obtained from the Board of County Commissioners, the County Clerk and ltecorder, or �he County Assessor. Note: Effective September 1 1997, CRS 30-10-406 requires thaf all documents received far recording or tillng in the clerk and recorder's o�'f3ce shall contain a top margin of at least one 9nch and a left, right and bottom margln of at least one hatf of an inch. The clerk and recarder may refuse to re�ord or file any document fhat does not conform, except that, the reqairement for the top margin shall not apply to documents using forms on which space is provi�ed for recording or filing informaflon at the !op margFn of the docnment. Nole: Colorado Division af Insurance RegulaUons 3-5-1, Paragraph C of Article VIIre quires that "Every title entlty shatl be responsible for all matfers t��hich appear of record prior to the flme oi recording �vhenever the titie enEity conducts t6e closing artd is responsible for recording or tlling of legal documeats resulting from the transaction wh7ch was closed". Provided thaE Land Tide Guarantee Company conducts the closing of the insured iransaction and is responsible for recordin� U�e le�a1 documents from the transacUon, exception number 5�vit[ not appear an the O�vner s Title Po�icy and the Lenders Poiicy �vhen issued. Note: Af%rmative mechanic's lien protection for the O�vner may be avaiSable (ty�ically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the O�vner s Poticy to be issued) upon compliance with the follo�vin condiflons: A) The land descrlbed in Scheduie A of th�s commitment must be a single family residence which incIudes a condominfum or townhouse unit. B) IVo Labor or materiais have been furnished by mechanics or material-men for purp�ses of construcflon on U�e land described in Schedale A of this Commitrnent tvithin the pasf 6 months. C) The Corn�any must receive an appropriate afFidavtt indemnifying the Company againsE un-ftfed mechanic s and material-men's iiens. D The Company must rece[ve payment of tlie appropriate premium. E� If tl�ere has been constructlon, 3mprovements or major repairs undertaken on the property to be purchased wlthin six months prlor to tl�e Date of the Commitment, the requtrements to obtain covera e for unrecorded liens �c�ill include: disclosure of certain consiructlon information; flnancial �nformation as to the setler, the builder and or the contractor• payment of the appropriate premium fully exec�ted IndemnIty Agreements satIsfactory to tfie company, and, any addidonal requirements as may be necessary aTier an examinatlon of the aforesa3d fnformation by the Company. No coverage �vlll be gtven under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursaanf to CRS 10-11-123, notice is hereby given: This notice applies lo owner's policy commitments containing a minera! severance instrument exce tion or exceptions, in Schedule B, Section 2. A) �at t�iere is recorded evidence that a mineral estate has been severed, leased, or othenvise conveyed from the surface eslate and that there is a substandal }lkel3hood that a thic�d party holds some or all lnterest in otl, as, other minerals, or geothermal ener�,y in the property; and B) That such mineral estate may inc�ude the right to enter and use the proper-fy �vithout t�ie surface otvner's permission. Note: Pursuant fo CRS i0-1-12$(6)(a) It is unlawful to knowing1y provide false, incomplete, or misleacling facts or 3nformation to an insurance con�pany i�or the purpose of defrauding or attempUng to defraud ttie company. Penalties may include impr�sonment, flnes, informaUan to an insurance company for the purpose of defrauding or incompleie, or mislead[ng facts or information to a poUcyholder or claimant for the purpose of defrauding or anempting attemptIng to defrauci the policyholder or ciaimant with regard to a settlemwnt or award payable from insurance proceeds shall be reported to the Colorado division of insurance wiUtin ihe department of regu3atory agencies. Noth[n herein contained �vIll be deemed to obligate the com� pany to provide any of the covarages referre� to herein anless the above condiEions are fuliy satis�ed. DI5�,05URE 02/2011 First American Title Insurance Company PRIVACY POLICY We are Committed to Safeguarding Customer InformaUon In order lo better serve your needs notv and in lhe future, tive may ask you to provide us �vith certaln information. We understand that you may be concerned about �vhat �ve �v3ll do �vith snch infarmallon - parflcularly any personal ar flnancIaI information. We agree that you have a right to icnow ho�v we �vili utilize the personal information you provide to us. Therefore, together with our parent company, the First American Corporation, �ve have adopted this Privacy Policy to govern U�e use and handling of your personal inforniation. Applicability Thfs Privacy Policy governs our use of the informalion �vhich yoa provlde ta us. IE does noE goverie the manner in which we may use fnformation �ve have ohtained from any other source, such as information obtained from a public record or from another person or endty. F[rst AmerIcan has also adopted broader guldelines that govern our use of personal informalion regardless of its source. First American calls these gaideHnes its Fair informaUoa Values, a eopy of which can be found on our tvebsile at �vtvw.firstam.com. , Types of InformaHon Depending upon which oCour services you are utilizing, the types of nonpublic personal information lhat we may collect include: * Information �ve receive from you on applications, forms and in other communications to us, �vhether in writing, In person, by telephone or any other means; * Information abaat your transactions wlth us, our af%liated compantes, or others; and * InformatIon we recetve from a consumer reporting agency. Use of Informatioa _ We request information from you for our o�m legitimate business purposes and noi for the benet3f of any nonaftiliated party. Therefore, tve �t+ill not release your informatlon to nonaff3lIated parties except: {1) as necessary for us to provide the produci or servtce you have requested to us; or (2) as permitted by law. We may, however, store such informaiion indefinitely, includtng the period after �vhich any customer relationship has ceased. Such information may be used for any internal purpase, such as quallty controi efforls or customer anaiysis. We may also provide all of the types of nonpublic personal irtformation ltsted above to one or more oF our affiliateti companies. Such affiliated companies include tlnancial service providers, sucl� as fltle insurers, property and casaalty insurers, and trust and investment advisory companies, or campanies invoived ln real estate services, such as appratsal companies, ho[ne warranty companies, artd escrow eompanies. Furthermore, �ve may afso provide aU the information tve coitect, as described above, ta companies that perform marketing serv[ces on our behalf, on behalf of our affil'sated companies, or to other Manciai institutions �vith whom �ve or our afi`�liated companies have joint markedng agreemenis. Former Customers Even if yoa are na Ionger our customer, our Privacy Policy �vill continue to aQply to you. ConBdentiaiity and Security We �vill ttse our best efforts to ensure fhat no anauEhorized partfes have access to any of your information. We restrici access to nonpubllc personal inforenatian about you to those individuals and entifles who need to kno�v that lnformation to provide products or services to you. We �vitl use our best efforis to train and oversee our emptoyees and agents to ensare that your fnformaUon wllI be handled respnsibly and in accordance wiEh lhis Pdvacy PolIcy and First American's Fair Information values. We currently maintain physical, electronic, and procedural safeguards tl�at comply w�ilh referral regulations to guard your nonpublic personal information. WEB5ITE Information on Ihe calculatton of premiums and other title related charges are listed at First American's website: ►v�vw.firstam.com NOTICE OF PRIVACY POLICY OF LAND T1TLE GUARANTEE COMFANY, INC., A COLORADO CORPORATION AND MEItIDIAN LAND TITLE, L.L.C., A COLORADp LIMITED LIABLITY COMPANY, D/B/A LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION This Statement is provided to you as a customer of Land TitSe Gaarantee Company, a Colorado corporation and Merldian Iand Tide, LLC, d/b/a Land Title Guarantee Comparty - Grand Junctian. We want you to knotv that tve recognize and respect your prlvacy expectations arid the requirements of federal and state prlvacy la�vs. Inforn�ation security Is one of our highest prlarities. We recognize that malntaining your trust and confidence is the bedrock of our business. We maintain and regularly revie�v internal and external safeguards agaInst unauthodzed access to non-public personal inforrnation ("Personal Information"). In the course of aur business, we may col[ect Personat Information about you from: ' applicat[oRS or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; * yaur transacti�ns with, or from the services be[ng performed by, us, aur affiliates, or olhers; * a consumer reporiing agency, if such fn%rmation is provided to us in connecUon with your transaction; and * the public records maintained by governmentat entities that �ve either obtain directly from those entIfles, or from our a[iiliates and non-afiillates. Our pollcies regarding the protection of !he contiden8ality and security of your Personai Informat3on are as falto�ti�s: '� We restrlct access to all Personal Information about you to those employees who need to kno�v thaf informadon In order to provide products and services to you. '` We maintain physical, electronic and procedural safeguards that compiy tivlth Federal standards to protect your Personal Informari�n from unauthor3zed access or inirosion. � Employees who vlolate our strict policies and procedures regarding privacy are suDject to discipllnary acHon. '� We regularly access security standards and procedures to protect against unauthorized access to Personal Information, wF nn NnT ntsrT nsR aNV �ERSpNAL INFORMATION ABOUT YOU WITH ANYONE FOR ANy PURPOSE THAT IS NOT PERMtTTED BY LA4V. Consistent w9th applicable privacy }a�vs, there are some situations in which PersonaI InformaEion may be disclosed. We may disclose your Personal Information �vhen you direct or give as permission; when tve are required by law to do so, for exarnp[e, If tve are served a subpoena; or svhen we suspect fraadulent or criminal activities. We also may disclose yoar Personal Informatian tvhen othenvise pecrnItted by appl3cable privacy laws such as, for example, when dlsclosure 1s needed Io enforce our rights arising out of any agreement, transaction or relationship �vith you. Our pollcy regardtng dispute resolution is as foliows. Any controversy or claim arising out of or relating to our pa�a�y pou�y, or tl�e breach Ehereof, shall be settied by arbitration in accordance tvith the rules of the Amedcan Arbitration Association, and judgment upon !he a�vard rendered by the arbitrator{s) may be entered irt any court having jurisdiction thereof. Ebrn� PRIV.POL.iTG.l