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HomeMy WebLinkAboutPEC080074 withdrawn P Special Development District (SD i � Application for Review by the I _ ►` Planning and Environmental Commis: in NOV 2 4 2008 OF VAIL Department of Community Development l 75 South Frontage Road,Vail,Colorado 81657 tel: 970.479.2128 fax: 970.479.2452 TOWN OF VAIL web: www.vailgov.com General Information: All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a building permit application. Please refer to the submittal requirements for the particular approval that is requested. An application for Planning and Environmental Commission review cannot be accepted until all required information is received by the Community Development Department. The project may also need to be reviewed by the Town Council and/or the Design Review Board. Type of Application and Fee: ❑ Rezoning $1300 ❑ Conditional Use Permit $650 ❑ Major Subdivision $1500 ❑ .Floodplain Modification $400 ❑ Minor Subdivision $650 ❑ Minor Exterior Alteration $650 ❑ Exemption Plat $650 ❑ Major Exterior Alteration $800 k' ❑ Minor Amendment to an SDD $1000 ❑ Development Plan $1500 �C New Special Development District $6000 ❑ Amendment to a Development Plan $250 ❑ Major Amendment to an SDD $6000 ❑ Zoning Code Amendment $1300 ❑ Major Amendment to an SDD $1250 ❑ Variance $500 (no exterior modifications) ❑ Sign Variance $200 Description of the Request: _ t r Location of the Proposal: Lot:. - It Block: S Subdivision: vv f-'R-Sr • Physical Address: 3023 6012Z Up '1L--b 2 t J Parcel No.: 2-10/0s L;t 003 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Zoning: 4-'k - b) tT`1 ww • I L-`1 Name(s)of Owner(s): Gt{P-tS-n,1'tl - V �. Di 1 ) Mailing Address: Phone• Owner(s)Signature(s): • Name of Applicant: Ii t"RIB R4-4-t TtZTS a L t o 4 4 hCO Mailing Address: � w- c-►R-• S-I-E A. Phone: 414•gig o E-mail Address: kyI Ckhu-e-6b• Fax 4 -3.2-br ',la..4 a k-ht,Lr-lab.c For Office, s,e Only; Fee Paid: UVY Ch ck No.:alp-3.5 By: \ _H P_AO Meeting Date: 6212'�06 PEC No.: f.*it � Planner: Project No.: j(�jfLs ` 1 n F:\cdev\FORMS\Permits\Planning\PEC\SDD.doc Page 1 of 7 1/4/06 TOWN OF VAIL, COLORADO Statement ******************************************************************************************** Statement Number: R080002256 Amount: $6, 000.00 11/24/200804:21 PM Payment Method: Check Init: JLE Notation: 2635 KH WEBB ARCHITECTS Permit No: PEC080074 Type: PEC - New SDD Parcel No: 2101-082-3100-3 Site Address: 303 GORE CREEK DR VAIL Location: Total Fees: $6, 000.00 This Payment: $6, 000.00 Total ALL Pmts: $6,000.00 Balance: $0.00 ******************************************************************************************** ACCOUNT ITEM LIST: Account Code Description Current Pmts PV 00100003112500 PEC APPLICATION FEES 6,000.00 Land Title Guarantee Companpp CUSTOMER DISTRIBUTION NOV 2 4 2008 Land Title ECMuvi rig GUARANTEE COMPANY TOWN OF VAIL Date: 10-21-2008 Our Order Number: V50023896 Property Address: *` UNIT 1, OGLESBY/STOREY CONDOMINIUM VAIL, CO 81657 is If you have any inquiries or require further assistance,please contact one of the numbers below: For Title Assistance: Vail Title Dept. 108 S FRONTAGE RD W#203 VAIL,CO 81657 Phone:970-476-2251 Fax: 970-476-4732 SHERMAN&HOWARD LLC*TMX* 1000 S FRONTAGE RD#200 VAIL,CO 81657 Attn: SHARMAN GREEN Phone: 970-790-1601 Fax: 970-476-7118 Copies: 1 EMail:sgreen @shermanhoward.com Linked Commitment Delivery 4i Affe' all JOINT PROPERTY OWNER TOWN h WRITTEN APPROVAL LETTER I, (print name)\It�1 4L a,5a Ak3r.A ,a joint owner of property located at _ r provide this letter as written approval of the plans dated 1 1. 21",(') Q I which have been submitted to the Town of Vail Community Development Department for the proposed improvements to be completed at the address noted above. I understand that the proposed improvements include: Oil `0 N n`P-- S P 2 3 e 'a.( Dev Dv e�r b1 A 1 rQ vvec --(Ana-(am '!�'(tv<<v1 79I4 �,,r u �a,,� l 13") - 9j....) (Sig)r ( ate) Additionally, please check the statement below which is most applicable to you: t`f- I understand that minor modifications may be made to the plans over the course of the review process to ensure compliance with the Town's applicable codes and regulations. 7ialhere) f7 I request that all modifications,minor or otherwise, which are made to the plans over the course of the review process, be brought to my attention by the applicant for additional approval before undergoing further review by the Town. ilialhere) j o ia!prop e r!y o r vn e r!e!!e r re vrse d 10/1 r f/1006Isr JOINT PROPERTY OWNER • • • • EOl V OF V ' , WRITTEN APPROVAL LETTER • C '� i I,(print name)4__y/t t'knc.t,1 `i ll� 'C ,a joint owner of property located at U24 pr,,,A,tariel.,„ 4 7 •~14 I(.X-S (ho f_.. C(P e• pr provide this letter as written approval of the plans dated 11. ,(9°5 . which have been submitted to the Town of Vail Community Development Department for the proposed improvements to be completed at the address noted above, I understand that the proposed Improvements Include: r)e- P P (3txc ( Deve )etc T� c_ E CD e 4 ce(woi • , ,Ikfx (Sig c) _..._. ., coat • Additionally,please check the statement below which is most applicable to you 0 I understand that minor modifications maybe made to the plans over the course of the review process to ensure compliance with the Town's applicable codes and regulations (lair•a/f'r?) 0 I request that all modifications,minor or otherwise, which am made to the plans over the course of the review process,be brought to my attention by the applicant for additional approval before undergoing further review by the Town. (/nU/a/he,) iimiapnpr4youwerkwernrw nd/1.!//S/70068r T /T 'HUVd NI 9E :60 600Z'OT 'EO tedin .111 JOINT PROPERTY OWNER TOWNOFEE WRITTEN APPROVAL LETTER I, (print name) VV15 'J I VI , a joint owner of property located at ,1 =Lox 1 _ ^ lam AP O IP provide this letter as written approval of the plans dated 11. 2.4-.O Q . which have been submitted to the Town of Vail Community Development Department for the proposed improvements to be completed at the address noted above. I understand that the proposed improvements include: (lkre 0N o`e- P P (3pQt Deoelv utkcx ip&-hcic` s) r ' !�. t.► W AL Alb . (0 ' •, A, (W(( '. 1 (Signatur-' (Date) Additionally, please check the statement below which is most applicable to you: O I understand that minor modifications may be made to the plans over the course of the review process to ensure compliance with the Towns applicable codes and regulations. /inilialhere) • O I request that all modifications, minor or otherwise, which are made to the plans over the course of the review process, be brought to my attention by the applicant for additional approval before undergoing further review by the Town. (inilialhere) .otie propero,owNerle tterrevr.red10/18/1006Er 4t JtIV Ai JOINT PROPERTY OWNER OF AIL WRITTEN APPROVAL LETTER II I, (print name) aVL 1-V-tYSk— ,a joint owner of property located at provide this letter as written approval of the plans dated ( I. 2 .t Q which have been submitted to the Town of Vail Community Development Department for the proposed improvements to be completed at the address noted above. I understand that the proposed improvements include: 0_kiek0 tit CP- P P Fe_c_zt DeoelDeutkcix. hth) 70IA,MO kr-e-OfeArCiA.`AC' t-')Of C>Nre..- \t"7e5;le., tka5 f • (Signature) (Date) CVWS t Additionally, please check the statement below which is most applicable to you: O I understand that minor modifications may be made to the plans over the course of the review process to ensure compliance with the Town's applicable codes and regulations. (Ihialhere) O I request that all modifications,minor or otherwise, which are made to the plans over the course of the review process,be brought to my attention by the applicant for additional approval before undergoing further review by the Town. Wild here) jawillpropero,owner!etterrevired/0/M/2006Br • blia.......,002 Al JOINT PROPERTY OWNER MI OP ' WRITTEN APPROVAL LETTER I, (print name) ieti'A joint owner of property located at -, IPA s J7 till• O � � _- A provide this letter as written approval of the plans dated 1 I• q.-+ /f)O •( • • which have been submitted to the Town of Vail Community Development Department for the - proposed improvements to be completed at the address noted above. I understand that the proposed improvements include: afe_ --i .`o 0 r5 S P P ' 7& o( ` e.oe1Pvt t V) < t rJ - 1 # LA 6�AL A_ 0. '_ WI • . (W ii11 l O,r� e5;Z� CDr .p �\4g j QP °--, . .3. A _ ?_7,_...,_./..,14 ----/-- - 1 (Signature) k(Date) r Additionally,please check the statement below which is most applicable to you . O I understand that minor modifications may be made to the plans over the course of the review process to ensure compliance with the Towns applicable codes and regulations. (lnilralhere) 0 Irequest that all modifications,minor or otherwise, which are made to the plans over the course of the review process,be brought to my attention by the applicant for additional approval before undergoing further review by the Town. A) ilia/here) joie v srtyowner/eaenmlyd!lY!ea006& z 'd BB66- T66 t+TC Jr Ja4eme ptJg dg et.6 :0T 60 62 Uef VAeaite-, Tr JOINT PROPERTY OWNER TORIOP WRITTEN APPROVAL LETTER I, (print name) 1� IVY , a joint owner of property located at ► 4 i- A111 Apo provide this letter as written approval of the plans dated 1 1. 2' .0 Q which have been submitted to the Town of Vail Community Development Department for the proposed improvements to be completed at the address noted above. I understand that the proposed improvements include: n P P (3 I Deo uttic .( 1 � .. r ' !: i t .1_!-. © V - . • *� (Wl 7 01 �c��c` 5a�a�r� l AIJA I°2/2 i� atuce) ( ate) Additionally, please check the statement below which is most applicable to you: I understand that minor modifications may be made to the plans over the course of the revi process to ensure compliance with the Town's applicable codes and regulations. Ofiti here) O I request that all modifications, minor or otherwise, which are made to the plans over the course of the review process,be brought to my attention by the applicant for additional approval before undergoing further review by the Town. /Initial here) j o i n t e r op e rty o w n e r letter r e v r,r e d./0/1 d/2 0 0 6 Er • ' A JOINT PROPERTY OWNER TOWNOAIL 4' WRITTEN APPROVAL LETTER t�I,(print name) i, -- ' t t t 5 V;1(14.1 yvl, , a joint owner of property located at L41_ '+ - • Amp a - - Ilk provide this letter as written approval of the plans dated ( l.. ",O 2 which have been submitted to the Town of Vail Community Development Department for the proposed improvements to be completed at the address noted above. I understand that the proposed improvements include: 0Ate-=t`t.`C)to n''e- S PP (3(. ol mo Deoei utitcc.�n, I t 1 '.. too di_lk 1., l!: 0 V__ A 0 • (04 i 7 lit `tA "ow- i t, > �e,ve... ` ` 'tAl tt ' i / __ljzo__4oa_q____. (Signature) (Date) Additionally, please check the statement below which is most applicable to you: o I understand that minor modifications may be made to the plans over the course of the review process to ensure compliance with the Towns applicable codes and regulations. /brit/a/he e) I request that all modifications, minor or otherwise, which are made to the plans over the course of the review process,be brought to my attention by the applicant for additional approval before undergoing further review by the Town, YL._ /Jiritialhere) j a w p r o p e rry a u w e r l e ite r re w s e d l 0/l8/2006 6r Pj" Land Title Guarantee Company Date: 10-21-2008 Land Title GUARANTEE COMPANY Our Order Number: V50023896 Property Address: UNIT 1, OGLESBY/STOREY CONDOMINIUM VAIL, CO 81657 Buyer/Borrower: JACK BINION AND PHYLLIS BINION Seller/Owner: JACK BINION AND PHYLLIS BINION 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. ESTIMATE OF TITLE FEES TBD Commitment $250.00 �r. If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL $250.00 Tom CONTACT 06/04 THANK YOU FOR YOUR ORDER! rig LAND TITLE GUARANTEE COMPANY INVOICE GUARANTEE COMPANY Owner: JACK BINION AND PHYLLIS BINION Property Address: UNIT 1, OGLESBY/STOREY CONDOMINIUM VAIL, CO 81657 Your Reference No.: When referring to this order, please reference our Order No V50023896 -CHARGES - TBD Commitment $250.00 } --Total-- $250.00 Please make checks payable to Land Title Guarantee Company P.O. Box 5440 Denver, CO 80217 Chicago Title Insurance Company ALTA COMMITMENT Our Order No. V50023896 Schedule A Cust. Ref.: Property Address: UNIT 1, OGLESBY/STOREY CONDOMINIUM VAIL, CO 81657 1. Effective Date: October 08, 2008 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "TBD" Commitment $0.00 Proposed Insured: JACK BINION AND PHYLLIS BINION 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: JACK BINION AND PHYLLIS BINION 5. The Land referred to in this Commitment is described as follows: CONDOMINIUM UNIT 1, OGLESBY/STOREY CONDOMINIUMS ACCORDING TO THE FIRST AMENDMENT TO THE CONDOMINIUM MAP THEREOF RECORDED MAY 10, 2002 RECEPTION NO 795251 AND ft' AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED MARCH 11, 1988 IN BOOK 480 AT PAGE 312, COUNTY OF EAGLE, STATE OF COLORADO. }` fI ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. V50023896 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: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. i,. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50023896 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 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. 6. (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. 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 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 SEPTEMBER 04, 1923, IN BOOK 93 AT PAGE 98. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 04, 1923, IN BOOK 93 AT PAGE 98. 10. 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 AUGUST 10, 1962, IN BOOK 174 AT PAGE 179. ALTA COMMITMENT Schedule B- Section 2 (Exceptions) Our Order No. V50023896 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 VAIL VILLAGE FIRST FILING. 12. EASEMENT AND RIGHT OF WAY FOR SANITARY SEWER, WATER, PLUMBING, TELEPHONE, GAS AND ELECTRICAL LINE PURPOSES AS SET FORTH IN EASEMENTS RECORDED IN BOOK 185 AT PAGE 391 AND IN BOOK 185 AT PAGE 397. 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 OCTOBER 03, 1963 IN BOOK 175 AT PAGE 277 AND RECORDED IN BOOK 185 AT PAGE 403. 14. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RESUBDIVISION PLAT OF BLOCK 5 AND A PART OF GORE CREEK DRIVE, VAIL VILLAGE, FIRST FILING RECORDED JANUARY 9, 1963 AT RECEPTION NO. 96927. 15. THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS AND RESTRICTIONS, WHICH ARE A BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A, 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 MARCH 11, 1988, IN BOOK 480 AT PAGE 312. 16. EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS, RESERVATIONS AND NOTES ON THE FIRST AMENDMENT TO THE CONDOMINIUM MAP FOR OGLESBY/STOREY RECORDED MAY 10, 2002 RECEPTION NO. 795251. NOTE: THE POLICY OF TITLE INSURANCE WILL INCLUDE AN ARBITRATION PROVISION. THE COMPANY OR THE INSURED MAY DEMAND ARBITRATION. ARBITRABLE MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, ANY CONTROVERSY OR CLAIM BETWEEN THE COMPANY AND THE INSURED ARISING OUT OF OR RELATING TO THIS POLICY, ANY SERVICE OF THE COMPANY IN CONNECTION WITH ITS ISSUANCE OR THE BREACH OF A POLICY PROVISION OR OTHER OBLIGATION. PLEASE ASK YOUR ESCROW OR TITLE ALTA COMMITMENT Schedule B- Section 2 (Exceptions) Our Order No. V50023896 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: i OFFICER FOR A SAMPLE COPY OF THE POLICY TO BE ISSUED IF YOU WISH TO REVIEW THE ARBITRATION PROVISIONS AND ANY OTHER PROVISIONS PERTAINING TO YOUR TITLE INSURANCE COVERAGE. Land Title Guarantee Company ' ^wPr"Me CUSTOMER DISTRIBUTION Land Me GUARANTEE COMPANY Date: 10-21-2008 Our Order Number: V50023897 Property Address: UNIT 2, OGLESBY/STOREY CONDOMINIUM VAIL, CO 81657 If you have any inquiries or require further assistance,please contact one of the numbers below: For Title Assistance: Vail Title Dept. 108 S FRONTAGE RD W#203 VAIL,CO 81657 Phone:970-476-2251 Fax: 970-476-4732 SHERMAN&HOWARD LLC*TMX* 1000 S FRONTAGE RD#200 VAIL,CO 81657 Attn: SHARMAN GREEN Phone: 970-790-1601 Fax: 970-476-7118 Copies: 1 EMail:sgreen @shermanhoward.com Linked Commitment Delivery • Land Title Guarantee Company Date: 10-21-2008 Our Order Number: V50023897 GUARANTEE COMPANY Property Address: UNIT 2, OGLESBY/STOREY CONDOMINIUM VAIL, CO 81657 Buyer/Borrower: JACK BINION AND PHYLLIS BINION Seller/Owner: JACK BINION AND PHYLLIS BINION 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. ESTIMATE OF TITLE FEES TBD Commitment $250.00 j1 If Land Title Guarantee Campany will be closing this transaction, above fees will be collected at that time. TOTAL $250.00 row CONTACT 06/04 THANK YOU FOR YOUR ORDER! 11,14 LAND TITLE GUARANTEE COMPANY INVOICE land Tide GUARANTEE COMPANY Owner: JACK BINION AND PHYLLIS BINION Property Address: UNIT 2, OGLESBY/STOREY CONDOMINIUM VAIL, CO 81657 Your Reference No.: When referring to this order, please reference our Order No. V50023897 - CHARGES - TBD Commitment $250.00 --Total-- $250.00 Please make checks payable to: Land Title Guarantee Company P.O. Box 5440 Denver, CO 80217 Planning and Environmental Commisson ACTION FORM t Department of Community Development TOEOF M a 75 South Frontage Road, Vail, Colorado 81657 ((ff �F tel: 970.479.2139 fax: 970.479.2452 COMMUNITY WWLOKENT web: www.vaiigov.com Project Name: PEC Number: PEC080074 Project Description: NEW SPECIAL DEVELOPMENT DISTRICT Participants: OWNER CHRISTOPHER B. GALVIN REVOCA 11/24/2008 33 INDIAN HILL RD WINNETKA IL 60093 APPLICANT K.H. WEBB ARCHITECTS PC 11/24/2008 Phone: 970-477-2990 710 WEST LIONSHEAD CIR, UNIT A VAIL CO 81657 License: C000001627 ARCHITECT K.H. WEBB ARCHITECTS PC 11/24/2008 Phone: 970-477-2990 710 WEST LIONSHEAD CIR, UNIT A VAIL CO 81657 License: C000001627 Project Address: 303 GORE CREEK DR VAIL Location: Legal Description: Lot: Block: Subdivision: Parcel Number: 2101-082-3001-5 2101-082-3001-6 2101-082-3001-9 2101-082-3100-3 2101-082-3101-1 2101-082-3101-2 Comments: BOARD/STAFF ACTION Motion By Action: WITHDRWN Second By Vote: Date of Approval: 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 PEC Fee Paid: $6,000.00 Chicago Title Insurance Company ALTA COMMITMENT Our Order No. V50023897 Schedule A Cust. Ref.: Property Address: UNIT 2, OGLESBY/STOREY CONDOMINIUM VAIL, CO 81657 1. Effective Date: October 08, 2008 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "TBD" Commitment $0.00 t` Proposed Insured: JACK BINION AND PHYLLIS BINION 9r 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Tide to the estate or interest covered herein is at the effective date hereof vested in: JACK BINION AND PHYLLIS BINION 5. The Land referred to in this Commitment is described as follows: CONDOMINIUM UNIT 2, OGLESBY/STOREY CONDOMINIUMS ACCORDING TO THE FIRST AMENDMENT TO THE CONDOMINIUM MAP THEREOF RECORDED MAY 10, 2002 RECEPTION NO. 795251 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED MARCH 11, 1988 IN BOOK 480 AT PAGE 312, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT Schedule B-Section 1 (Requirements) Our Order No. V50023897 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: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. • ALTA COMMITMENT Schedule B- Section 2 (Exceptions) Our Order No. V50023897 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 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. 6. (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. 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 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 SEPTEMBER 04, 1923, IN BOOK 93 AT PAGE 98. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE x' UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 04, 1923, IN BOOK 93 AT PAGE 98. 10. 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 AUGUST 10, 1962, IN BOOK 174 AT PAGE 179. ALTA COMMITMENT Schedule B- Section 2 (Exceptions) Our Order No. V50023897 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 VAIL VILLAGE FIRST FILING. 12. EASEMENT AND RIGHT OF WAY FOR SANITARY SEWER, WATER, PLUMBING, TELEPHONE, GAS AND ELECTRICAL LINE PURPOSES AS SET FORTH IN EASEMENTS RECORDED IN BOOK 185 AT PAGE 391 AND IN BOOK 185 AT PAGE 397. 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 OCTOBER 03, 1963 IN BOOK 175 AT PAGE 277 AND RECORDED IN BOOK 185 AT PAGE 403. 14. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RESUBDIVISION PLAT OF BLOCK 5 AND A PART OF GORE CREEK DRIVE, VAIL VILLAGE, FIRST FILING RECORDED JANUARY 9, 1963 AT RECEPTION NO. 96927. 15. THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS AND RESTRICTIONS, WHICH ARE A BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A, 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 MARCH 11, 1988, IN BOOK 480 AT PAGE 312. 16. EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS, RESERVATIONS AND NOTES ON THE FIRST AMENDMENT TO THE CONDOMINIUM MAP FOR OGLESBY/STOREY RECORDED MAY 10, 2002 RECEPTION NO. 795251. NOTE: THE POLICY OF TITLE INSURANCE WILL INCLUDE AN ARBITRATION PROVISION. THE COMPANY OR THE INSURED MAY DEMAND ARBITRATION. ARBITRABLE MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, ANY CONTROVERSY OR CLAIM BETWEEN THE COMPANY AND THE INSURED ARISING OUT OF OR RELATING TO THIS POLICY, ANY SERVICE OF THE COMPANY IN CONNECTION WITH ITS ISSUANCE OR THE BREACH OF A POLICY PROVISION OR OTHER OBLIGATION. PLEASE ASK YOUR ESCROW OR TITLE ALTA COMMITMENT Schedule B- Section 2 (Exceptions) Our Order No. V50023897 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: OFFICER FOR A SAMPLE COPY OF THE POLICY TO BE ISSUED IF YOU WISH TO REVIEW THE ARBITRATION PROVISIONS AND ANY OTHER PROVISIONS PERTAINING TO YOUR TITLE INSURANCE COVERAGE. Land Title Guarantee Company CUSTOMER DISTRIBUTION Land Title GUARANTEE COMPANY Date: 10-21-2008 Our Order Number: V50023889 Property Address: LOT 7, BLOCK 5, VAIL VILLAGE FILING 1, AKA VAIL ROWHOUSE UNIT 7 VAIL, CO 81657 If you have any inquiries or require further assistance,please contact one of the numbers below: For Title Assistance: Vail Title Dept. 108 S FRONTAGE RD W#203 VAIL,CO 81657 Phone:970-476-2251 Fax: 970-476-4732 SHERMAN&HOWARD LLC*TMX* 1000 S FRONTAGE RD#200 VAIL,CO 81657 Attn: SHARMAN GREEN Phone: 970-790-1601 Fax: 970-476-7118 Copies: 1 EMail:sgreen @shermanhoward.com Linked Commitment Delivery Land Title Guarantee Company Laid-�i� Date: 10-21-2008 L a N c,�i ,, Our Order Number: V50023889 Property Address: LOT 7, BLOCK 5, VAIL VILLAGE FILING 1, AKA VAIL ROWHOUSE UNIT 7 VAIL, CO 81657 Buyer/Borrower: JOEL APPEL AND LISA APPEL Seller/Owner: JOEL APPEL AND LISA APPEL 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. ESTIMATE OF TITLE FEES TBD Commitment $250.00 If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL $250.00 Form CONTACT 06/04 THANK YOU FOR YOUR ORDER! LAND TITLE GUARANTEE COMPANY INVOICE Land Title GUARANTEE COMPANY Owner: JOEL APPEL AND LISA APPEL Property Address: LOT 7, BLOCK 5, VAIL VILLAGE FILING 1, AKA VAIL ROWHOUSE UNIT 7 VAIL, CO 81657 Your Reference No.: When referring to this order, please reference our Order No. V50023889 -CHARGES- TBD Commitment $250.00 --Total-- $250.00 Please make checks payable to: Land Title Guarantee Company P.O. Box 5440 Denver, CO 80217 Chicago Title Insurance Company ALTA COMMITMENT Our Order No. V50023889 Schedule A Cust. Ref.: Property Address: LOT 7, BLOCK 5, VAIL VILLAGE FILING 1, AKA VAIL ROWHOUSE UNIT 7 VAIL, CO 81657 1. Effective Date: October 08, 2008 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "TBD" Commitment $0.00 Proposed Insured: JOEL APPEL AND LISA APPEL 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: JOEL APPEL AND LISA APPEL 5. The Land referred to in this Commitment is described as follows: LOT 7, RESUBDIVISION OF BLOCK 5, AND A PART OF GORE CREEK DRIVE, VAIL VILLAGE, FIRST FILING, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT Schedule B- Section 1 (Requirements) Our Order No. V50023889 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: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50023889 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 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. 6. (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. 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 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 SEPTEMBER 04, 1923, IN BOOK 93 AT PAGE 98. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 04, 1923, IN BOOK 93 AT PAGE 98. 10. 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 AUGUST 10, 1962, IN BOOK 174 AT PAGE 179. ALTA COMMITMENT Schedule B- Section 2 (Exceptions) Our Order No. V50023889 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 VAIL VILLAGE FIRST FILING. 12. TERMS, CONDITIONS AND PROVISIONS OF PARTY WALL AGREEMENT RECORDED JANUARY 29, 1964 IN BOOK 175 AT PAGE 373 AND RECORDED NOVEMBER 8, 1963 IN BOOK 178 AT PAGE 182. 13. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RESUBDIVISION PLAT OF BLOCK 5 AND A PART OF GORE CREEK DRIVE, VAIL VILLAGE, FIRST FILING RECORDED JANUARY 9, 1963 AT RECEPTION NO. 96927. 14. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT DEED AND AGREEMENT RECORDED APRIL 23, 2004 AT RECEPTION NO. 874904. 15. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT DEED AND AGREEMENT RECORDED JANUARY 08, 2007 AT RECEPTION NO. 200700493. 16. TERMS, CONDITIONS AND PROVISIONS OF AFFIDAVIT RECORDED NOVEMBER 08, 2006 AT RECEPTION NO. 200630740. 17. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING FACTS SHOWN ON IMPROVEMENT LOCATION CERTIFICATE DATED OCTOBER 31, 2006 PREPARED BY INTER-MOUNTAIN ENGINEERING,JOB#06-0130S. 1) WOOD AND ROCK RETAINING WALLS NOT WITHIN SUBJECT PROPERTY. 2) WOOD AND ROCK RETAINING WALLS ONTO UTILITY EASEMENT. 3) METAL SPIRAL STAIRS NOT WITHIN SUBJECT PROPERTY.4) WOOD FENCE NOT WITHIN SUBJECT PROPERTY. 18. CLAIMS OF RIGHT, TITLE AND/OR INTEREST IN THE PROPERTY BETWEEN THE WESTERLY BOUNDARY LINE AND THE FENCE (AS DEPICTED ON THE SURVEY PREPARED BY INTER-MOUNTAIN ENGINEERING,JOB#06-0130S WHETHER SAID CLAIMS ARISE BY ABANDONMENT, ADVERSE POSSESSION OR OTHER MEANS. NOTE: THE POLICY OF TITLE INSURANCE WILL INCLUDE AN ARBITRATION PROVISION. THE COMPANY OR THE INSURED MAY DEMAND ARBITRATION. ARBITRABLE MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, ANY CONTROVERSY OR CLAIM BETWEEN THE COMPANY AND THE INSURED ARISING OUT OF OR RELATING TO THIS POLICY, ANY ALTA COMMITMENT Schedule B- Section 2 (Exceptions) Our Order No. V50023889 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: SERVICE OF THE COMPANY IN CONNECTION WITH ITS ISSUANCE OR THE BREACH OF A POLICY PROVISION OR OTHER OBLIGATION. PLEASE ASK YOUR ESCROW OR TITLE OFFICER FOR A SAMPLE COPY OF THE POLICY TO BE ISSUED IF YOU WISH TO REVIEW THE ARBITRATION PROVISIONS AND ANY OTHER PROVISIONS PERTAINING TO YOUR TITLE INSURANCE COVERAGE. rig Land Title Guarantee Company CUSTOMER DISTRIBUTION Land Title GUARANTEE COMPANY Date: 10-21-2008 Our Order Number: V50023890 Property Address: LOT 8, BLOCK 5, VAIL VILLAGE FILING 1, AKA VAIL ROWHOUSE UNIT 8 VAIL, CO 81657 If you have any inquiries or require further assistance,please contact one of the numbers below: For Title Assistance: Vail Title Dept. 108 S FRONTAGE RD W#203 VAIL,CO 81657 Phone:970-476-2251 Fax: 970-476-4732 SHERMAN&HOWARD LLC*TMX* 1000 S FRONTAGE RD#200 VAIL,CO 81657 Attn: SHARMAN GREEN Phone: 970-790-1601 Fax: 970-476-7118 Copies: 1 EMail:sgreen @shermanhoward.com Linked Commitment Delivery • Land Title Guarantee Company Date: 10-21-2008 I:UMANTCL COMPANY Our Order Number: V50023890 Property Address: LOT 8, BLOCK 5, VAIL VILLAGE FILING 1, AKA VAIL ROWHOUSE UNIT 8 VAIL, CO 81657 Buyer/Borrower: ERICKSON S. SHIRLEY Seller/Owner: ERICKSON S. SHIRLEY 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. ESTIMATE OF TITLE FEES TBD Commitment $250.00 If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL $250.00 rom CONTACT 06/04 THANK YOU FOR YOUR ORDER! LAND TITLE GUARANTEE COMPANY Land INVOICE GUARANTEE COMPANY Owner: ERICKSON S. SHIRLEY Property Address: LOT 8, BLOCK 5, VAIL VILLAGE FILING 1, AKA VAIL ROWHOUSE UNIT 8 VAIL, CO 81657 Your Reference No.: When referring to this order, please reference our Order No V50023890 - CHARGES - TBD Commitment $250.00 • --Total-- $250.00 Please make checks payable to: Land Title Guarantee Company P.O. Box 5440 Denver, CO 80217 Chicago Title Insurance Company ALTA COMMITMENT Our Order No. V50023890 Schedule A Cust. Ref.: Property Address: LOT 8, BLOCK 5, VAIL VILLAGE FILING 1, AKA VAIL ROWHOUSE UNIT 8 VAIL, CO 81657 1. Effective Date: October 08, 2008 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "TBD" Commitment $0.00 Proposed Insured: ERICKSON S. SHIRLEY 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: ERICKSON S. SHIRLEY 5. The Land referred to in this Commitment is described as follows: LOT 8, RESUBDIVISION OF BLOCK 5, AND A PART OF GORE CREEK DRIVE, VAIL VILLAGE, FIRST FILING, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT Schedule B-Section 1 (Requirements) Our Order No. V50023890 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: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. ALTA COMMITMENT Schedule B-Section 2 (Exceptions) Our Order No. V50023890 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 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. 6. (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. 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 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 SEPTEMBER 04, 1923, IN BOOK 93 AT PAGE 98. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 04, 1923, IN BOOK 93 AT PAGE 98. 10. 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 AUGUST 10, 1962, IN BOOK 174 AT PAGE 179. ALTA COMMITMENT Schedule B-Section 2 (Exceptions) Our Order No. V50023890 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 VAIL VILLAGE FIRST FILING. 12. 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 RECORDED NOVEMBER 8, 1963 IN BOOK 178 AT PAGE 182 AND RECORDED NOVEMBER 20, 1963 IN BOOK 178 AT PAGE 189. 13. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RESUBDIVISION PLAT OF BLOCK 5 AND A PART OF GORE CREEK DRIVE, VAIL VILLAGE, FIRST FILING RECORDED JANUARY 9, 1963 AT RECEPTION NO. 96927. 14. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT DEED AND AGREEMENT RECORDED APRIL 23, 2004 AT RECEPTION NO. 874904. 15. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT DEED AND AGREEMENT RECORDED JANUARY 08, 2007 AT RECEPTION NO 200700493. 16. TERMS, CONDITIONS AND PROVISIONS OF APPLICATION FOR REVOCABLE PERMIT RECORDED DECEMBER 12, 2005 AT RECEPTION NO. 939849. LAND TITLE GUARANTEE COMPANY IS IN RECEIPT OF AN IMPROVEMENT LOCATION CERTIFICATE PREPARED JUNE 29, 2001 BY EAGLE VALLEY SURVEYING, INC.,JOB #834. NOTE: THE POLICY OF TITLE INSURANCE WILL INCLUDE AN ARBITRATION PROVISION. THE COMPANY OR THE INSURED MAY DEMAND ARBITRATION. ARBITRABLE MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO ANY CONTROVERSY OR CLAIM BETWEEN THE COMPANY AND THE INSURED ARISING OUT OF OR RELATING TO THIS POLICY, ANY SERVICE OF THE COMPANY IN CONNECTION WITH ITS ISSUANCE OR THE BREACH OF A POLICY PROVISION OR OTHER OBLIGATION. PLEASE ASK YOUR ESCROW OR TITLE OFFICER FOR A SAMPLE COPY OF THE POLICY TO BE ISSUED IF YOU WISH TO REVIEW THE ARBITRATION PROVISIONS AND ANY OTHER PROVISIONS PERTAINING TO YOUR TITLE INSURANCE COVERAGE. { 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 Land Title Guarantee Company IP" P Y CUSTOMER DISTRIBUTION Lad Title GUARANTEE COMPANY Date: 10-21-2008 Our Order Number: V50023891 Property Address: LOT 9, BLOCK 5, VAIL VILLAGE FILING 1, AKA VAIL ROWHOUSE UNIT 9 VAIL, CO 81657 If you have any inquiries or require further assistance,please contact one of the numbers below: For Title Assistance: Vail Title Dept. 108 S FRONTAGE RD W#203 VAIL,CO 81657 Phone:970-476-2251 Fax: 970-476-4732 • SHERMAN&HOWARD LLC*TMX* 1000 S FRONTAGE RD#200 VAIL,CO 81657 Attn: SHARMAN GREEN Phone: 970-790-1601 Fax: 970-476-7118 Copies: 1 EMail:sgreen @shermanhoward.com Linked Commitment Delivery Land Tide Guarantee Company ,, �IP"- � Date: 10-21-2008 La,,N c.I i OMPANY ,, Our Order Number: V50023891 Property Address: LOT 9, BLOCK 5, VAIL VILLAGE FILING 1, AKA VAIL ROWHOUSE UNIT 9 VAIL, CO 81657 Buyer/Borrower: CHRISTOPHER B. GALVIN, AS TRUSTEE (OR THE SUCCESSOR TRUSTEE) OF THE CHRISTOPHER B. GALVIN REVOCABLE TRUST DATED AUGUST 26, 1971 AS AMENDED AND RESTATED Seller/Owner: CHRISTOPHER B. GALVIN, AS TRUSTEE (OR THE SUCCESSOR TRUSTEE) OF THE CHRISTOPHER B. GALVIN REVOCABLE TRUST DATED AUGUST 26, 1971 AS AMENDED AND RESTATED 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. ESTIMATE OF TITLE FEES TBD Commitment $250.00 If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time 3i TOTAL $250.00 Form CONTACT 06/04 THANK YOU FOR YOUR ORDER! pig LAND TITLE GUARANTEE COMPANY Laid Title INVOICE GUARANTEE COMPANY Owner: CHRISTOPHER B. GALVIN, AS TRUSTEE (OR THE SUCCESSOR TRUSTEE) OF THE CHRISTOPHER B. GALVIN REVOCABLE TRUST DATED AUGUST 26, 1971 AS Property Address: LOT 9, BLOCK 5, VAIL VILLAGE FILING 1, AKA VAIL ROWHOUSE UNIT 9 VAIL, CO 81657 Your Reference No.: When referring to this order, please reference our Order No V50023891 -CHARGES- TBD Commitment $250.00 --Total-- $250.00 • Please make checks payable to: Land Title Guarantee Company P.O. Box 5440 Denver, CO 80217 Chicago Title Insurance Company ALTA COMMITMENT Our Order No. V50023891 Schedule A Cust. Ref.: Property Address: LOT 9, BLOCK 5, VAIL VILLAGE FILING 1, AKA VAIL ROWHOUSE UNIT 9 VAIL, CO 81657 1. Effective Date: October 08, 2008 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "TBD" Commitment $0.00 Proposed Insured: CHRISTOPHER B. GALVIN, AS TRUSTEE (OR THE SUCCESSOR TRUSTEE) OF THE CHRISTOPHER B. GALVIN REVOCABLE TRUST DATED AUGUST 26, 1971 AS AMENDED AND RESTATED 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: CHRISTOPHER B. GALVIN, AS TRUSTEE (OR THE SUCCESSOR TRUSTEE) OF THE CHRISTOPHER B. GALVIN REVOCABLE TRUST DATED AUGUST 26, 1971 AS AMENDED AND RESTATED 5. The Land referred to in this Commitment is described as follows: LOT 9, RESUBDIVISION OF BLOCK 5, AND A PART OF GORE CREEK DRIVE, VAIL VILLAGE, FIRST FILING, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT Schedule B-Section 1 (Requirements) Our Order No. V50023891 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: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. ALTA COMMITMENT Schedule B-Section 2 (Exceptions) Our Order No. V50023891 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 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. 6. (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. 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 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 SEPTEMBER 04, 1923, IN BOOK 93 AT PAGE 98. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 04, 1923, IN BOOK 93 AT PAGE 98. 10. 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 AUGUST 10, 1962, IN BOOK 174 AT PAGE 179. 3` ALTA COMMITMENT Schedule B-Section 2 (Exceptions) Our Order No. V50023891 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 VAIL VILLAGE FIRST FILING. 12. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RESUBDIVISION PLAT OF BLOCK 5 AND A PART OF GORE CREEK DRIVE, VAIL VILLAGE, FIRST FILING RECORDED JANUARY 9, 1963 AT RECEPTION NO. 96927. 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 NOVEMBER 20, 1963 IN BOOK 178 AT PAGE 189. NOTE: LAND TITLE IS IN RECEIPT OF A SATISFACTORY IMPROVEMENT LOCATION CERTIFICATE PREPARED BY LELAND LECHNER, DATED OCTOBER 17, 2000. NOTE: THE POLICY OF TITLE INSURANCE WILL INCLUDE AN ARBITRATION PROVISION. THE COMPANY OR THE INSURED MAY DEMAND ARBITRATION. ARBITRABLE MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, ANY CONTROVERSY OR CLAIM BETWEEN THE COMPANY AND THE INSURED ARISING OUT OF OR RELATING TO THIS POLICY, ANY SERVICE OF THE COMPANY IN CONNECTION WITH ITS ISSUANCE OR THE BREACH OF A POLICY PROVISION OR OTHER OBLIGATION. PLEASE ASK YOUR ESCROW OR TITLE OFFICER FOR A SAMPLE COPY OF THE POLICY TO BE ISSUED IF YOU WISH TO REVIEW THE ARBITRATION PROVISIONS AND ANY OTHER PROVISIONS PERTAINING TO YOUR TITLE INSURANCE COVERAGE. 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 Land Title Guarantee Company Land^�a�� CUSTOMER DISTRIBUTION La d Title (GUARANTEE COMPANY Date: 10-21-2008 Our Order Number: V50023892 Property Address: LOT 10, BLOCK 5, VAIL VILLAGE FILING 1, AKA ROWHOUSE TEN AT VAIL UNITS 10A AND 10B VAIL, CO 81657 Ifyou have any inquiries or require further assistance,please contact one of the numbers below: fi For Title Assistance: Vail Title Dept. 108 S FRONTAGE RD W#203 VAIL,CO 81657 Phone:970-476-2251 Fax: 970-476-4732 SHERMAN&HOWARD LLC*TMX* 1000 S FRONTAGE RD#200 VAIL,CO 81657 Attn: SHARMAN GREEN Phone: 970-790-1601 Fax: 970-476-7118 Copies: 1 EMail:sgreen @shermanhoward.com Linked Commitment Delivery Land Title Guarantee Company ,,,,�Title Our 10-21-2008 GUARANTEE T, Our Order Number: V50023892 Property Address: LOT 10, BLOCK 5, VAIL VILLAGE FILING 1, AKA ROWHOUSE TEN AT VAIL UNITS 10A AND 10B VAIL, CO 81657 Buyer/Borrower: SUN UP TRUST Seller/Owner: SUN UP TRUST 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. ESTIMATE OF TITLE FEES TBD Commitment $250.00 If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL $250.00 Form CONTACT 06/04 THANK YOU FOR YOUR ORDER! 1/1" LAND TITLE GUARANTEE COMPANY INVOICE Land Title GUARANTEE COMPANY Owner: SUN UP TRUST Property Address: LOT 10, BLOCK 5, VAIL VILLAGE FILING 1, AKA ROWHOUSE TEN AT VAIL UNITS 10A AND 10B VAIL, CO 81657 Your Reference No.: When referring to this order, please reference our Order No V50023892 -CHARGES- TBD Commitment $250.00 --Total-- $250.00 Please make checks payable to: Land Title Guarantee Company P.O. Box 5440 Denver, CO 80217 Chicago Title Insurance Company ALTA COMMITMENT Our Order No. V50023892 Schedule A Cust. Ref.: Property Address: LOT 10, BLOCK 5, VAIL VILLAGE FILING 1, AKA ROWHOUSE TEN AT VAIL UNITS 10A AND 10B VAIL, CO 81657 1. Effective Date: October 08, 2008 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "TBD" Commitment $0.00 Proposed Insured: SUN UP TRUST 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 SUN UP TRUST 5. The Land referred to in this Commitment is described as follows: CONDOMINIUM UNITS 10A AND 10B, ROWHOUSE TEN AT VAIL, ACCORDING TO THE CONDOMINIUM MAP RECORDED SEPTEMBER 26, 1966 AS RECEPTION NUMBER 104716 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED SEPTEMBER 26, 1966 AS RECEPTION NUMBER 104715, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT Schedule B-Section 1 (Requirements) Our Order No. V50023892 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: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. ALTA COMMITMENT Schedule B-Section 2 (Exceptions) Our Order No. V50023892 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 Tide 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 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. 6. (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. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or tide to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 8. 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 SEPTEMBER 04, 1923, IN BOOK 93 AT PAGE 98. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 04, 1923, IN BOOK 93 AT PAGE 98. 10. 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 AUGUST 10, 1962, IN BOOK 174 AT PAGE 179. ALTA COMMITMENT Schedule B-Section 2 (Exceptions) Our Order No. V50023892 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 VAIL VILLAGE FIRST FILING. 12. 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 MARCH 09, 1966 IN BOOK 192 AT PAGE 223. 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 MARCH 09, 1966 IN BOOK 192 AT PAGE 227. 14. THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS, AND RESTRICTIONS, WHICH ARE A BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A, 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 SEPTEMBER 26, 1966, UNDER RECEPTION NO. 104715. 15. EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS, RESERVATIONS AND NOTES ON THE CONDOMINIUM MAP RECORDED SEPTEMBER 26, 1966 AS RECEPTION NO. 104716. 16. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENTS RECORDED MAY 06, 1991 IN BOOK 553 AT PAGE 309 AND AT PAGE 310. NOTE: THE POLICY OF TITLE INSURANCE WILL INCLUDE AN ARBITRATION PROVISION. THE COMPANY OR THE INSURED MAY DEMAND ARBITRATION. ARBITRABLE MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, ANY CONTROVERSY OR CLAIM BETWEEN THE COMPANY AND THE INSURED ARISING OUT OF OR RELATING TO THIS POLICY, ANY ALTA COMMITMENT Schedule B-Section 2 (Exceptions) Our Order No. V50023892 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: SERVICE OF THE COMPANY IN CONNECTION WITH ITS ISSUANCE OR THE BREACH OF A POLICY PROVISION OR OTHER OBLIGATION. PLEASE ASK YOUR ESCROW OR TITLE OFFICER FOR A SAMPLE COPY OF THE POLICY TO BE ISSUED IF YOU WISH TO REVIEW THE ARBITRATION PROVISIONS AND ANY OTHER PROVISIONS PERTAINING TO YOUR TITLE INSURANCE COVERAGE. hf Land Title Guarantee Company Land CUSTOMER DISTRIBUTION L a K 1 I IIIG GUARANTEE COMPANY Date: 10-21-2008 Our Order Number: V50023893 Property Address: LOT 11A, BLOCK 5, VAIL VILLAGE FILING 1, AKA VAIL ROWHOUSE UNIT 11A VAIL, CO 81657 If you have any inquiries or require further assistance,please contact one of the numbers below: For Title Assistance: Vail Title Dept. 108 S FRONTAGE RD W#203 VAIL,CO 81657 Phone:970-476-2251 Fax: 970-476-4732 SHERMAN&HOWARD LLC*TMX* 1000 S FRONTAGE RD#200 VAIL,CO 81657 Attn: SHARMAN GREEN Phone: 970-790-1601 Fax: 970-476-7118 Copies: 1 EMail:sgreen @shermanhoward.com Linked Commitment Delivery • • PP" Land Title Guarantee Company � ,,��,,,,,,�� a'A Date: 10-21-2008 6;uN Our Order Number: V50023893 Property Address: LOT 11A, BLOCK 5, VAIL VILLAGE FILING 1, AKA VAIL ROWHOUSE UNIT 11A VAIL, CO 81657 Buyer/Borrower: ANN L. ROLLEY Seller/Owner: ANN L. ROLLEY 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. ESTIMATE OF TITLE FEES TBD Commitment $250.00 If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL $250.00 roa CONTACT 06/04 THANK YOU FOR YOUR ORDER! LAND TITLE GUARANTEE COMPANY INVOICE Land title GUARANTEE COMPANY Owner: ANN L. ROLLEY Property Address: LOT 11A, BLOCK 5, VAIL VILLAGE FILING 1, AKA VAIL ROWHOUSE UNIT 11A VAIL, CO 81657 Your Reference No.: When referring to this order, please reference our Order No. V50023893 -CHARGES - TBD Commitment $250.00 --Total-- $250.00 Please make checks payable to: Land Title Guarantee Company P.O. Box 5440 Denver, CO 80217 Chicago Title Insurance Company ALTA COMMITMENT Our Order No. V50023893 Schedule A Cust. Ref.: Property Address: LOT 11A, BLOCK 5, VAIL VILLAGE FILING 1, AKA VAIL ROWHOUSE UNIT 11A VAIL, CO 81657 1. Effective Date: October 08, 2008 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "TBD" Commitment $0.00 Proposed Insured: ANN L. ROLLEY 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: ANN L. ROLLEY 5. The Land referred to in this Commitment is described as follows: CONDOMINIUM UNIT A, THE TOWNHOUSE, ON LOT ELEVEN, A RESUBDIVISION OF BLOCK 5 AND PART OF GORE CREEK DRIVE, VAIL VILLAGE, FIRST FILING, ACCORDING TO THE CONDOMINIUM MAP RECORDED MAY 15, 1980, IN BOOK 302 AT PAGE 835, AND ACCORDING TO THE CONDOMINIUM DECLARATION THEREOF RECORDED MAY 15, 1980 IN BOOK 302 AT PAGE 834, AND AMENDMENT THERETO RECORDED SEPTEMBER 8, 1983 IN BOOK 367 AT PAGE 745, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT Schedule B- Section 1 (Requirements) Our Order No. V50023893 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: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. 7` ALTA COMMITMENT Schedule B- Section 2 (Exceptions) Our Order No. V50023893 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 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. 6. (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. 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 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 SEPTEMBER 04, 1923, IN BOOK 93 AT PAGE 98. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 04, 1923, IN BOOK 93 AT PAGE 98. 10. 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 AUGUST 10, 1962, IN BOOK 174 AT PAGE 179. { ALTA COMMITMENT Schedule B- Section 2 (Exceptions) Our Order No. V50023893 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 VAIL VILLAGE FIRST FILING. 12. UTILITY EASEMENT FOR SANITARY SEWER, WATER, PLUMBING, TELEPHONE, GAS AND ELECTRICAL LINES GRANTED IN INSTRUMENT RECORDED FEBRUARY 19, 1965 IN BOOK 185 AT PAGE 391 AND RECORDED FEBRUARY 19, 1965 IN BOOK 185 AT PAGE 397. 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 MARCH 09, 1966 IN BOOK 192 AT PAGE 223. 14. 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 FEBRUARY 19, 1965 IN BOOK 185 AT PAGE 409. 15. THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS,AND RESTRICTIONS, WHICH ARE A BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A, 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 MAY 15, 1980, IN BOOK 302 AT PAGE 834 AND AS AMENDED IN INSTRUMENT RECORDED SEPTEMBER 08, 1983, IN BOOK 367 AT PAGE 745. 16. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT RECORDED MAY 15, 1980 IN BOOK 302 AT PAGE 835. 17. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED SEPTEMBER 08, 1983 IN BOOK 367 AT PAGE 748. 3" ALTA COMMITMENT Schedule B- Section 2 (Exceptions) Our Order No. V50023893 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: 18. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MAY 06, 1991 IN BOOK 553 AT PAGE 309 AND AT PAGE 310. NOTE: THE POLICY OF TITLE INSURANCE WILL INCLUDE AN ARBITRATION PROVISION. THE COMPANY OR THE INSURED MAY DEMAND ARBITRATION. ARBITRABLE MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, ANY CONTROVERSY OR CLAIM BETWEEN THE COMPANY AND THE INSURED ARISING OUT OF OR RELATING TO THIS POLICY, ANY SERVICE OF THE COMPANY IN CONNECTION WITH ITS ISSUANCE OR THE BREACH OF A POLICY PROVISION OR OTHER OBLIGATION. PLEASE ASK YOUR ESCROW OR TITLE OFFICER FOR A SAMPLE COPY OF THE POLICY TO BE ISSUED IF YOU WISH TO REVIEW THE ARBITRATION PROVISIONS AND ANY OTHER PROVISIONS PERTAINING TO YOUR TITLE INSURANCE COVERAGE. WWI Land Title Guarantee Company CUSTOMER DISTRIBUTION Laid Title GUARANTEE COMPANY Date: 10-21-2008 Our Order Number: V50023894 Property Address: LOT 11B, BLOCK 5, VAIL VILLAGE FILING 1, AKA THE TOWNHOUSE ON LOT 11 UNIT 11B VAIL, CO 81657 If you have any inquiries or require further assistance,please contact one of the numbers below: For Title Assistance: Vail Title Dept. 108 S FRONTAGE RD W#203 VAIL,CO 81657 Phone:970-476-2251 Fax: 970-476-4732 SHERMAN&HOWARD LLC*TMX* 1000 S FRONTAGE RD#200 VAIL,CO 81657 Attn: SHARMAN GREEN Phone: 970-790-1601 Fax: 970-476-7118 Copies: 1 EMail:sgreen @shermanhoward.com Linked Commitment Delivery 1,4‘ Land Tide Guarantee Company Date: 10-21-2008 GUARANTEE cloMlr Our Order Number: V50023894 Property Address: LOT 11B, BLOCK 5, VAIL VILLAGE FILING 1, AKA THE TOWNHOUSE ON LOT 11 UNIT 11B VAIL, CO 81657 Buyer/Borrower: B.A. BRIDGEWATER,JR. AND BARBARA P. BRIDGEWATER Seller/Owner: B.A. BRIDGEWATER,JR. AND BARBARA P. BRIDGEWATER • 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. ESTIMATE OF TITLE FEES TBD Commitment $250.00 If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time TOTAL $250.00 Form CONTACT 06/04 THANK YOU FOR YOUR ORDER! Pr" LAND TITLE GUARANTEE COMPANY INVOICE GUARANTEE Owner: B.A. BRIDGEWATER,JR. AND BARBARA P. BRIDGEWATER Property Address: LOT 11B, BLOCK 5, VAIL VILLAGE FILING 1, AKA THE TOWNHOUSE ON LOT 11 UNIT 11B VAIL, CO 81657 Your Reference No.: When referring to this order, please reference our Order No. V50023894 - CHARGES- TBD Commitment $250.00 --Total-- $250.00 Please make checks payable to: Land Title Guarantee Company P.O. Box 5440 Denver, CO 80217 Chicago Title Insurance Company ALTA COMMITMENT Our Order No. V50023894 Schedule A Cust. Ref.: Property Address: LOT 11B, BLOCK 5, VAIL VILLAGE FILING 1, AKA THE TOWNHOUSE ON LOT 11 UNIT 11B VAIL, CO 81657 1. Effective Date: October 08, 2008 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "TBD" Commitment $0.00 Proposed Insured: B.A. BRIDGEWATER,JR. AND BARBARA P. BRIDGEWATER 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 B.A. BRIDGEWATER,JR. AND BARBARA P. BRIDGEWATER 5. The Land referred to in this Commitment is described as follows: CONDOMINIUM UNIT B, THE TOWNHOUSE, ON LOT ELEVEN, A RESUBDIVISION OF BLOCK 5 AND PART OF GORE CREEK DRIVE, VAIL VILLAGE, FIRST FILING, ACCORDING TO THE CONDOMINIUM MAP RECORDED MAY 15, 1980, IN BOOK 302 AT PAGE 835, AND ACCORDING TO THE CONDOMINIUM DECLARATION THEREOF RECORDED MAY 15, 1980 IN BOOK 302 AT PAGE 834, AND AMENDMENT THERETO RECORDED SEPTEMBER 8, 1983 IN BOOK 367 AT PAGE 745, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT Schedule B-Section 1 (Requirements) Our Order No. V50023894 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. fi Item (d) Additional requirements, if any disclosed below: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50023894 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 Tide 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 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. 6. (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. 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 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 SEPTEMBER 04, 1923, IN BOOK 93 AT PAGE 98. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 04, 1923, IN BOOK 93 AT PAGE 98. 10. 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 AUGUST 10, 1962, IN BOOK 174 AT PAGE 179. ALTA COMMITMENT Schedule B- Section 2 (Exceptions) Our Order No. V50023894 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 VAIL VILLAGE FIRST FILING. 12. UTILITY EASEMENT FOR SANITARY SEWER, WATER, PLUMBING, TELEPHONE, GAS AND ELECTRICAL LINES GRANTED IN INSTRUMENT RECORDED FEBRUARY 19, 1965 IN BOOK 185 AT PAGE 391 AND RECORDED FEBRUARY 19, 1965 IN BOOK 185 AT PAGE 397. 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 MARCH 09, 1966 IN BOOK 192 AT PAGE 223. 14. 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 FEBRUARY 19, 1965 IN BOOK 185 AT PAGE 409. 15. THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS, AND RESTRICTIONS, WHICH ARE A BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A, 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 MAY 15, 1980, IN BOOK 302 AT PAGE 834 AND AS AMENDED IN INSTRUMENT RECORDED SEPTEMBER 08, 1983, IN BOOK 367 AT PAGE 745. 16. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT RECORDED MAY 15, 1980 IN BOOK 302 AT PAGE 835. 17. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED SEPTEMBER 08, 1983 IN BOOK 367 AT PAGE 748. ALTA COMMITMENT Schedule B- Section 2 (Exceptions) Our Order No. V50023894 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the :Com an P Y 18. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MAY 06, 1991 IN BOOK 553 AT PAGE 309 AND AT PAGE 310. NOTE: THE POLICY OF TITLE INSURANCE WILL INCLUDE AN ARBITRATION PROVISION. THE COMPANY OR THE INSURED MAY DEMAND ARBITRATION. ARBITRABLE MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, ANY CONTROVERSY OR CLAIM BETWEEN THE COMPANY AND THE INSURED ARISING OUT OF OR RELATING TO THIS POLICY, ANY SERVICE OF THE COMPANY IN CONNECTION WITH ITS ISSUANCE OR THE BREACH OF A POLICY PROVISION OR OTHER OBLIGATION. PLEASE ASK YOUR ESCROW OR TITLE OFFICER FOR A SAMPLE COPY OF THE POLICY TO BE ISSUED IF YOU WISH TO REVIEW THE ARBITRATION PROVISIONS AND ANY OTHER PROVISIONS PERTAINING TO YOUR TITLE INSURANCE COVERAGE. F'- Land Title Guarantee Company CUSTOMER DISTRIBUTION Land The GUARANTEE COMPANY Date: 10-21-2008 Our Order Number: V50023895 Property Address: LOT 12, BLOCK 5, VAIL VILLAGE FILING 1, AKA VAIL ROWHOUSE UNIT 12 VAIL, CO 81657 If you have any inquiries or require further assistance,please contact one of the numbers below: For Title Assistance: Vail Title Dept. 108 S FRONTAGE RD W#203 VAIL, CO 81657 Phone:970-476-2251 Fax: 970-476-4732 SHERMAN&HOWARD LLC*TMX* 1000 S FRONTAGE RD#200 VAIL,CO 81657 Attn: SHARMAN GREEN Phone: 970-790-1601 Fax: 970-476-7118 Copies: 1 EMail:sgreen @shermanhoward.com Linked Commitment Delivery Land Title Guarantee Company ,,,,�- �,, Date: 10-21-2008 GUARANTEE COMPANY�it Our Order Number: V50023895 Property Address: LOT 12, BLOCK 5, VAIL VILLAGE FILING 1, AKA VAIL ROWHOUSE UNIT 12 VAIL, CO 81657 Buyer/Borrower: FREESTYLE I RESIDENCE TRUST AS TO AN UNDIVIDED 25%INTEREST AND FREESTYLE II RESIDENCE TRUST AS TO AN UNDIVIDED 25%INTEREST AND MICHAEL P. GALVIN AS TO AN Seller/Owner: FREESTYLE I RESIDENCE TRUST AS TO AN UNDIVIDED 25%INTEREST AND FREESTYLE II RESIDENCE TRUST AS TO AN UNDIVIDED 25%INTEREST AND MICHAEL P. GALVIN AS TO AN UNDIVIDED 50%INTEREST 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. ESTIMATE OF TITLE FEES TBD Commitment $250.00 If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. r,1 TOTAL $250.00 :o� CONTACT 06/04 THANK YOU FOR YOUR ORDER! PIPIq LAND TITLE GUARANTEE COMPANY INVOICE and The GUARANTEE COMPANY Owner: FREESTYLE I RESIDENCE TRUST AS TO AN UNDIVIDED 25%INTEREST AND FREESTYLE II RESIDENCE TRUST AS TO AN UNDIVIDED 25%INTEREST AND Property Address: LOT 12, BLOCK 5, VAIL VILLAGE FILING 1, AKA VAIL ROWHOUSE UNIT 12 VAIL, CO 81657 Your Reference No.: When referring to this order, please reference our Order No V50023895 - CHARGES- TBD Commitment $250.00 --Total-- $250.00 Please make checks payable to Land Title Guarantee Company P.O. Box 5440 Denver, CO 80217 Chicago Title Insurance Company ALTA COMMITMENT 1 Our Order No V50023895 Schedule A Cust. Ref.: Property Address: LOT 12, BLOCK 5, VAIL VILLAGE FILING 1, AKA VAIL ROWHOUSE UNIT 12 VAIL, CO 81657 1. Effective Date: October 08, 2008 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "TBD" Commitment $0.00 Proposed Insured: FREESTYLE I RESIDENCE TRUST AS TO AN UNDIVIDED 25%INTEREST AND FREESTYLE II RESIDENCE TRUST AS TO AN UNDIVIDED 25%INTEREST AND MICHAEL P. GALVIN AS TO AN UNDIVIDED 50%INTEREST 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 FREESTYLE I RESIDENCE TRUST AS TO AN UNDIVIDED 25%INTEREST AND FREESTYLE II RESIDENCE TRUST AS TO AN UNDIVIDED 25%INTEREST AND MICHAEL P. GALVIN AS TO AN UNDIVIDED 50%INTEREST 5. The Land referred to in this Commitment is described as follows: LOT 12, RESUBDIVISION OF BLOCK 5, AND A PART OF GORE CREEK DRIVE, VAIL VILLAGE, FIRST FILING, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. V50023895 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: THIS COMMITMENT IS FOR INFORMATION ONLY AND NO POLICY WILL BE ISSUED PURSUANT HERETO. ALTA COMMITMENT Schedule B- Section 2 (Exceptions) Our Order No V50023895 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,ests 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 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. 6. (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. 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 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 SEPTEMBER 04, 1923, IN BOOK 93 AT PAGE 98. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED SEPTEMBER 04, 1923, IN BOOK 93 AT PAGE 98. 10. 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 AUGUST 10, 1962, IN BOOK 174 AT PAGE 179. ALTA COMMITMENT Schedule B- Section 2 (Exceptions) Our Order No V50023895 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 VAIL VILLAGE FIRST FILING. 12. 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 FEBRUARY 19, 1965 IN BOOK 185 AT PAGE 409. 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 FEBRUARY 19, 1965 IN BOOK 185 AT PAGE 403. 14. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RESUBDIVISION PLAT OF BLOCK 5 AND A PART OF GORE CREEK DRIVE, VAIL VILLAGE, FIRST FILING RECORDED JANUARY 9, 1963 AT RECEPTION NO 96927. 15. EASEMENT AND RIGHT OF WAY FOR SANITARY SEWER, WATER, PLUMBING, TELEPHONE, GAS AND ELECTRICAL LINE PURPOSES AS SET FORTH IN EASEMENTS RECORDED IN BOOK 185 AT PAGE 391 AND IN BOOK 185 AT PAGE 397. NOTE: THE POLICY OF TITLE INSURANCE WILL INCLUDE AN ARBITRATION PROVISION. THE COMPANY OR THE INSURED MAY DEMAND ARBITRATION. ARBITRABLE MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, ANY CONTROVERSY OR CLAIM BETWEEN THE COMPANY AND THE INSURED ARISING OUT OF OR RELATING TO THIS POLICY, ANY SERVICE OF THE COMPANY IN CONNECTION WITH ITS ISSUANCE OR THE BREACH OF A POLICY PROVISION OR OTHER OBLIGATION. PLEASE ASK YOUR ESCROW OR TITLE OFFICER FOR A SAMPLE COPY OF THE POLICY TO BE ISSUED IF YOU WISH TO REVIEW THE ARBITRATION PROVISIONS AND ANY OTHER PROVISIONS PERTAINING TO YOUR TITLE INSURANCE COVERAGE. 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. I 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. Fonn DISCLOSURE 09/01/02