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Home My WebLink AboutPEC130008 PEC130009 Title Report.pdfCUSTOMER DISTRIBUTION Date:Our Order Number: Property Address: If you have any inquiries or require further assistance, please contact one of the numbers below: 02-08-2013 VC50034889.1 225 WALL STREET VAIL, CO 81657 For Title Assistance: Vail Title Dept. Karen Biggs 610 WEST LIONSHEAD CIRCLE #200 VAIL, CO 81657 Phone: 970-476-2251 Fax: 970-476-4534 EMail: kbiggs@ltgc.com SOLARIS PROPERTY OWNER LLC 141 E MEADOW DR # 211 VAIL CO 81657 Attn: SOLARIS PROPERTY OWNER LLC Phone: 970-479-7131 Fax: 970-479-7511 EMail: mike.murray@solarisvail.com Sent Via EMail Land Title Guarantee Company Date: Our Order Number: Buyer/Borrower: Seller/Owner: Property Address: Need a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com for directions to any of our 54 office locations. THANK YOU FOR YOUR ORDER! ESTIMATE OF TITLE FEES If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL Form CONTACT 06/04 02-08-2013 VC50034889.1 WALL STREET OFFICE, LLC, A COLORADO LIMITED LIABILITY COMPANY AND WALL STREET RETAIL, LLC, A COLORADO LIMITED LIABILITY COMPANY 225 WALL STREET VAIL, CO 81657 ALTA Owners Policy 06-17-06 TBD $0.00 Land Title Guarantee Company Schedule A Our Order No. Cust. Ref.: 1. Effective Date: 2. Policy to be Issued, and Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: 4. Title to the estate or interest covered herein is at the effective date hereof vested in: 5. The Land referred to in this Commitment is described as follows: Property Address: VC50034889.1 A L T A C O M M I T M E N T 225 WALL STREET VAIL, CO 81657 January 18, 2013 at 5:00 P.M. "ALTA" Owner's Policy 06-17-06 Proposed Insured: WALL STREET OFFICE, LLC, A COLORADO LIMITED LIABILITY COMPANY AND WALL STREET RETAIL, LLC, A COLORADO LIMITED LIABILITY COMPANY $0.00 A Fee Simple SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION First American Title Insurance Company LEGAL DESCRIPTION Our Order No:VC50034889.1 CONDOMINIUM UNIT NOS. 200, 204, 210, 220, 225 AND 230, LAZIER-ARCADE CONDOMINIUM BUILDING, ACCORDING TO THE MAP OF LAZIER ARCADE CONDOMINIUMS - FIRST AMENDMENT RECORDED AUGUST 25, 2009 AT RECEPTION NO. 200918656 AND AS DEFINED IN THE CONDOMINIUM DECLARATION RECORDED JANUARY 25, 1968 AT RECEPTION NO. 107451, AND THE AMENDED CONDOMINIUM DECLARATION RECORDED AUGUST 25, 2009 AT RECEPTION NO. 200918655, COUNTY OF EAGLE, STATE OF COLORADO. AND CONDOMINIUM UNIT NO. 102, LAZIER-ARCADE CONDOMINIUM BUILDING, ACCORDING TO THE MAP OF LAZIER ARCADE CONDOMINIUMS - FIRST AMENDMENT RECORDED AUGUST 25, 2009 AT RECEPTION NO. 200918656, AND ACCORDING TO THE MAP OF LAZIER ARCADE CONDOMINIUMS - SECOND AMENDMENT RECORDED MARCH 1, 2012 AT RECEPTION NO. 201204098 AND AS DEFINED IN THE CONDOMINIUM DECLARATION RECORDED JANUARY 25, 1968 AT RECEPTION NO. 107451, AND THE AMENDED CONDOMINIUM DECLARATION RECORDED AUGUST 25, 2009 AT RECEPTION NO. 200918655, AND SECOND AMENDED CONDOMINIUM DECLARATION RECORDED MARCH 1, 2012 AT RECEPTION NO. 201204099, COUNTY OF EAGLE, STATE OF COLORADO. CONDOMINIUM UNIT NO. 104, LAZIER-ARCADE CONDOMINIUM BUILDING, ACCORDING TO THE MAP OF LAZIER ARCADE CONDOMINIUMS - FIRST AMENDMENT RECORDED AUGUST 25, 2009 AT RECEPTION NO. 200918656 AND AS DEFINED IN THE CONDOMINIUM DECLARATION RECORDED JANUARY 25, 1968 AT RECEPTION NO. 107451, AND THE AMENDED CONDOMINIUM DECLARATION RECORDED AUGUST 25, 2009 AT RECEPTION NO. 200918655, COUNTY OF EAGLE, STATE OF COLORADO. The following are the requirements to be complied with: (Requirements)Our Order No. A L T A C O M M I T M E N T Schedule B - Section 1 VC50034889.1 Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: (Exceptions)Our Order No. A L T A C O M M I T M E N T Schedule B - Section 2 VC50034889.1 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. Any and all unpaid taxes, assessments and unredeemed tax sales. (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. EXISTING LEASES AND TENANCIES. 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 JULY 11, 1899, IN BOOK 48 AT PAGE 475. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 11, 1899, IN BOOK 48 AT PAGE 475. 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. The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: (Exceptions)Our Order No. A L T A C O M M I T M E N T Schedule B - Section 2 VC50034889.1 12. 13. 14. 15. 16. EASEMENTS, ENCROACHMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED CONDOMINIUM MAP OF LAZIER-ARCADE CONDOMINIUM BUILDING RECORDED JANUARY 25, 1968 IN BOOK 212 AT PAGE 94 AND AMENDMENT THERETO RECORDED AUGUST 25, 2009 AT RECEPTION NO. 200918656, AMENDMENT RECORDED MARCH 1, 2012 UNDER RECEPTION NO. 201204098. 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 JANUARY 25, 1968, UNDER RECEPTION NO. 107451 AND AMENDMENT THERETO RECORDED AUGUST 25, 2009 AT RECEPTION NO. 200918655, AMENDMENT RECORDED MARCH 1, 2012 UNDER RECEPTION NO. 201204099. NOTE: SAID DECLARATION CONTAINS A RIGHT OF FIRST REFUSAL PROVISION DESCRIBED IN ARTICLE 36 OF SAID DECLARATION. TERMS, CONDITIONS AND PROVISIONS OF BROADBAND EASEMENT AND RIGHT OF ENTRY AGREEMENT RECORDED APRIL 29, 1997 IN BOOK 725 AT PAGE 500. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN AGREEMENT AND GRANT OF TEMPORARY EASEMENT REGARDING STREETSCAPE UITLITY AND SNOWMELT IMPROVEMENTS RECORDED JULY 26, 2005 UNDER RECEPTION NO. 923880, AND AS SHOWN ON THE CONDOMINIUM MAP OF LAZIER ARCADE CONDOMINIUMS - FIRST AMENDMENT PREPARED BY EAGLE VALLEY SURVEYING, INC. RECORDED AUGUST 25, 2009 AT RECEPTION NO. 200918656. (AFFECTS COMMON AREA ONLY) DEED OF TRUST DATED DECEMBER 21, 2012, FROM ONE WILLOW BRIDGE COMMERCIAL, LLC, WALL STREET OFFICE, LLC, LODGE SHOP UNIT #164, LLC, ONE VAIL PLACE COMMERCIAL, LLC AND VVIP COMMERCIAL, LLC TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF CANTOR COMMERCIAL REAL ESTATE LENDING, L.P., A DELAWARE LIMITED PARTNERSHIP TO SECURE THE SUM OF 1199000000 RECORDED DECEMBER 27, 2012 AT RECEPTION NO. 201226118. The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: (Exceptions)Our Order No. A L T A C O M M I T M E N T Schedule B - Section 2 VC50034889.1 17. SAID DEED OF TRUST WAS FURTHER SECURED BY ASSIGNMENT OF LEASES, RENTS AND PROFITS RECORDED DECEMBER 27, 2012, UNDER RECEPTION NO. 201226119. (AFFECTS UNITS 200, 204, 210, 220, 225 AND 230) FINANCING STATEMENT WITH CANTOR COMMERCIAL REAL ESTATE LENDING, L.P., A DELAWARE LIMITED PARTNERSHIP, THE SECURED PARTY, RECORDED DECEMBER 27, 2012, UNDER RECEPTION NO. 201226121.