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HomeMy WebLinkAboutADM130005 South Unit Title Report.pdf i 3-ooa� HTCHeritage P.O.Box 1980,50 Chambers Ave.Suite I Title Company Eagle,CO 81631 Phone: (970)328-5211 Communwealth' Fax: (866)828-9541 DATE: February 27,2013 FILE NUMBER: 454-HO364895-610-ETO PROPERTY ADDRESS: 4939 Meadow Dr.#S,Vail,CO 81657 BUYER/BORROWER: To Be Determined OWNER(S): Mark D.Dean and Susan L.Dean YOUR REFERENCE NUMBER: ASSESSOR PARCEL NUMBER: 210113102044 R041594 PLEASE TAKE NOTE OF THE FOLLOWING REVISED TERMS CONTAINED HEREIN: None. WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS,SEE WIRING INSTRUCTIONS INCLUDED HEREIN. TO: Heritage Title Company,Inc. ATTN: Eagle Title Only P.O.Box 1980 PHONE: (970)328-5211 50 Chambers Ave.Suite I FAX: (866)828-9541 Eagle,CO 81631 E-MAIL: titlevaulteagle @ heritagetco.com TO: Intermountain Engineering,Ltd. ATTN: Sean Fletcher 40801 Highway 6,Suite 203 PHONE: (970)949-5072 P.O.Box 9078 FAX: (970)949-9339 Avon,CO 81620 E-MAIL: sfletcher @inter-mtn.net TO: Eagle Title Plant-Title Only ATTN: Eagle Title Only P.O.Box 1980 PHONE: (970)328-5211 50 Chambers Ave.Suite I FAX: (866)828-9541 Eagle,CO 81631 E-MAIL: titlevaulteagle @heritagetco.com END OF TRANSMITTAL Heritage HTCTitle Company (�Commoftwith- Date: February 27,2013 Property Address: 4939 Meadow Dr. #S,Vail,CO 81657 We would like to thank you for choosing Heritage Title Company, Inc. for your title insurance needs. For all of your closing needs, including Tax Certificate, Settlement Statement, HUD and/or Insured Closing Letters,your Escrow Officer is: Eagle Title Only, Phone: (970)328-5211 Fax: (866)828-9541 Email: titlevaulteagle @heritagetco.com Location of Closing: P.O. Box 1980 50 Chambers Ave. Suite I Eagle,CO 81631 WIRING INSTRUCTIONS Bank: Wells Fargo Bank West,NA Bank Address: 550 California St., 10th Floor San Francisco,CA 94104 Account Name: Heritage Title Company, Inc. Account Number: 8861647025 ABA Number: 121000248 Reference: 454-HO364895-610-ETO Property Address: 4939 Meadow Dr. #S Vail,CO 81657 Visit our website www.herita-etco.com for a demonstration of our Online Transaction Management Service, TitleVault. This amazing program allows you to manage your transactions 24/7! Contact your Business Development Representative for a login and password. Sincerely, Heritage Title Company, Inc. 02/27/2013 11:59:26 AM Commitment No.: 454-HO364895-610-ETO Commonwealth Land Title Insurance Company COMMITMENT SCHEDULE A Commitment No: 454-HO364895-610-ETO 1. Effective Date: February 19,2013 at 7:00 A.M. 2. Policy or policies to be issued: Proposed Insured Policy Amount (a)ALTA Owners Policy 6-17-06 $0.00 To Be Determined (b) None $0.00 3. The estate or interest in the land described or referred to in this Commitment is: A Fee Simple 4. Title to the estate or interest in the land is at the Effective Date vested in: Mark D. Dean and Susan L. Dean �. The land referred to in this Commitment is described as follows: See Attached Legal Description (for informational purposes only) 4939 Meadow Dr. #S, Vail, CO 81657 PREMIUMS: Owners Coverage: $100.00-TBD Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and 1.IF NI(:AN ALTA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American LAND TITLE Land Title Association. 02/27/2013 11:59:26 AM Commitment No.: 454-HO364895-610-ETO Attached Legal Description Lot 125, Final Plat,a resubdivision of Lot 12,Block 5, Bighorn Subdivision Fifth Addition,according to the plat recorded August 11, 1994 in Book 647 at Page 506 as Reception No. 543548, and according to the Declaration of Covenants,Conditions and Reservations and Party Wall Agreement for Parcel A and Parcel B, Lot 12, Block 5, Bighorn Fifth Addition,recorded August 11, 1994 in Book 647 at Page 507 as Reception No. 543549, County of Eagle, State of Colorado Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and � AMERICAN ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American tAM1._rIrI-F Land Title Association. s 02/27/2013 11:59:26 AM Commitment No.: 454-HO364895-610-ETO SCHEDULE B—Section 1 Requirements The following requirements must be met: a. Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured. b. Pay us the premiums,fees and charges for the policy. C. Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent. d. Evidence that any and all assessments for common expenses, if any,have been paid. e. The Company will require that an Affidavit and Indemnity Agreement be completed by the party(s) named below before the issuance of any policy of title insurance. Party(s): Mark D. Dean and Susan L. Dean The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit. f. The Company reserves the right to add additional exceptions and/or make further requirements once the identity of the Purchaser is disclosed. g. Deed sufficient to convey the fee simple estate or interest in the Land described or referred to herein, to the Proposed Insured Purchaser. h. Deed of Trust sufficient to encumber the estate or interest in the Land described or referred to herein for the benefit of the Proposed Insured Lender. i. Furnish for recordation a full release of deed of trust: S a-k /lx� Amount: $100,000.00 t 0,LO2 Trustor/Grantor: Mark D. Dean and Susan L. Dean y�y LD Trustee: Public Trustee of Eagle County Beneficiary: Bank of America,N.A. �R Loan No. 7104382853 Recording Date: February 19,2013 Recording No: Reception No.201303 1 0 1 The mortgage set forth above is purported to be a "Credit Line" mortgage. It is a requirement that the Mortgagor of said mortgage provide written authorization to close said credit line account to the Lender when the mortgage is being paid off through the Company or other Settlement/Escrow Agent or provide a satisfactory subordination of this mortgage to the proposed mortgage to be recorded at closing. j. Satisfactory evidence must be furnished from the secretary or other duly qualified officer of the Association showing that all assessments and fees, including special assessments or payments due to others,such as master associations,are paid in full through the date of closing. Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and M Ile ARICAN ALTA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American LAN11_TITIE Land Title Association. 02/27/2013 11:59:26 AM Commitment No. 454-HO364895-610-ETO k. Compliance with the provisions of Section 39-14-102, Colorado Revised Statutes, requiring completion and filing of a Real Property Transfer Declaration. I. Evidence satisfactory to the Company of Compliance with an ordinance enacting a real estate transfer tax within the Town of Vail together with all amendments thereto. 24 MONTH CHAIN OF TITLE,FOR INFORMATIONAL PURPOSES ONLY: The following vesting deeds relating to the subject property have been recorded in the Clerk and Recorder's office of the County in which the property is located: There are no conveyances affecting said land recorded within 24 months of the date of this report. END OF REQUIREMENTS Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American r Land Title Association. 02/27/2013 11:59:26 AM Commitment No.: 454-H0364895-610-ETO SCHEDULE B—Section 2 Exceptions Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: I. Any facts, rights, interests or claims that are not shown by the Public Records but which 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 encroachments,encumbrances,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 Public Records. 4. Any lien or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances,adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for the value the estate or interest or mortgage thereon covered by this Commitment. 6. (a)Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance thereof,(c)water rights,claims of title to water,whether or not the matters excepted under(a),(b),or(c) are shown by the Public Records. 7. (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 that 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. 8. All taxes and assessments,now or heretofore assessed,due or payable. 9. Reservations contained in the Patent From: The United States of America Recording Date: September 13, 1902 Recording No: Book 48 at Page 491 Which among other things recites as follows: The right of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises hereby granted as provided by law. 02/27/2013 11:59:26 AM Commitment No.: 454-HO364895-610-ETO 10. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: November 25, 1966 Recording No: Book 175 at Page 11. Terms, conditions, restrictions, provisions, notes and easements but omitting any covenants or restrictions, if any, including but not limited to those 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 set forth on the Plat(s)of said subdivision set forth below: Recording Date: November 25, 1966 Recording No: Reception No. 105002 12. Terms, conditions, provisions, agreements and obligations contained in the Decree of Inclusion in the Bighorn Fire Protection District as set forth below: Recording Date: December 9, 1971 Recording No.: Reception No. 118234 13. Terms, conditions, provisions, agreements and obligations contained in the Decree of Inclusion in the Gore Valley Water District as set forth below: Recording Date: Recording No.: Reception No. 190835 NOTE: Item No. 13 appears to have the incorrect recording information. The company is attempting to obtain the correct copy. 14. Terms, conditions, restrictions, provisions, notes and easements but omitting any covenants or restrictions, if any, including but not limited to those 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 set forth on the Plat(s)of said subdivision set forth below: Recording Date: August 11, 1994 Recording No: Reception No. 543548 15. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: August 11, 1994 Recording No: Reception No. 543549 02/27/2013 1 1:59:26 AM Commitment No.: 454-HO364895-610-ETO END OF EXCEPTIONS 02/27/2013 1 1:59:26 AM Commitment No.: 454-HO364895-610-ETO re Commonwealth T M LAND TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE Issued by Heritage Title Company, Inc. AS AGENT FOR Commonwealth Land Title Insurance Company Commonwealth Land Title Insurance Company,a Nebraska corporation("Company"), for a valuable consideration,commits to issue its policy or policies of title insurance,as identified in Schedule A, in favor of the Proposed Insured named in Schedule A,as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. The Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate 6 months after the Effective Date or when the policy or policies committed for shall issue,whichever first occurs, provided that the failure to issue the policy or policies is not fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF,Commonwealth Land Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Ti......^,.. Attest: /�Z— oSEALs= By: Secretary >gg •., '11#1 Sx� President Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and M, ALTA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land Title Association. """ 02/27/2013 11:59:26 AM Commitment No.: 454-HO364895-610-ETO CONDITIONS 1. The term mortgage, when used herein,shall include deed of trust,trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien,encumbrance,adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed insured shall disclose such knowledge to the Company,or if the Company otherwise acquires actual knowledge of any such defect, lien,encumbrance,adverse claim or other matter,the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith(a)to comply with the requirements hereof,or(b)to eliminate exceptions shown in Schedule B,or(c)to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policies or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is$2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org. Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and >, ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land Title Association. "" " 02/27/2013 11:59:26 AM Commitment No.: 454-HO364895-610-ETO DISCLOSURE STATEMENT • Pursuant to Section 38-35-125 of Colorado Revised Statutes and Colorado Division of Insurance Regulation 3-5-1 (Section 7), if the parties to the subject transaction request us to provide escrow-settlement and disbursement services to facilitate the closing of the transaction,then all funds submitted for disbursement must be available for immediate withdrawal. • Colorado Division of Insurance Regulation 3-5-1, Paragraph G of Section VII,requires that "Every title insurance company shall be responsible to the proposed insured(s)subject to the terms and conditions of the title insurance commitment,other than the effective date of the title insurance commitment,for all matters which appear of record prior to the time of recording whenever the title insurance company,or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owners policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed". Provided that Heritage Title Company, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction,exception No. 5 in Schedule B-2 will not appear in the Owner's Title Policy and Lender's Title Policy when issued. • If the sales price of the subject property exceeds$100,000.00 the seller shall be required to comply with the Disclosure of Withholding Provisions of C.R.S.39-22-604.5 (Nonresident Withholding). • Section 39-14-102 of Colorado Revised Statutes requires that a Real Property Transfer Declaration accompany any conveyance document presented for recordation in the State of Colorado. Said Declaration shall be completed and signed by either the grantor or grantee. • Recording statutes contained in Section 30-10-406(3)(a)ofthe Colorado Revised Statutes require 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 a document that does not conform to requirements of this paragraph. • Section 38-35-109(2)of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal address,(not necessarily the same as the property address)be included on the face of the deed to be recorded. • Regulations of County Clerk and Recorder's offices require that all documents submitted for recording must contain a return address on the front page of every document being recorded. • Pursuant to Section 10-11-122 ofthe Colorado Revised Statutes, 1987 the Company is required to disclose the following information: o The subject property may be located in a special taxing district. o A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. o 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. • Pursuant to Section 10-11-123 ofthe Colorado Revised Statutes,when it is determined that a mineral estate has been severed from the surface estate,the Company is required to disclose the following information: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 that such mineral estate may include the right to enter and use the property without the surface owner's permission. • Note:Notwithstanding anything to the contrary in this Commitment, if the policy to be issued is other than an ALTA Owner's Policy(6/17/06),the policy may not contain an arbitration clause,or the terms ofthe arbitration clause may be different from those set forth in this Commitment. If the policy does contain an arbitration clause, and the Amount of Insurance is less than the amount, if any,set forth in the arbitration clause,all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy ofthe parties. Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and � AM FNII.-ALTA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land Title Association. 02/27/2013 11:59:26 AM Commitment No.: 454-HO364895-610-ETO Effective Date 5/1/2008 Fidelity National Financial, Inc. Privacy Statement Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your non-public personal information ("Personal Information") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNF's privacy practices, including how we use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. FNF follows the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share information as described herein. Personal Information Collected We may collect Personal Information about you from the following sources: • Information we receive from you on applications or other forms, such as your name, address, social security number,tax identification number,asset information,and income information; • Information we receive from you through our Internet websites,such as your name,address,email address, Internet Protocol address, the website links you used to get to our websites, and your activity while using or reviewing our websites; • Information about your transactions with or services performed by us,our affiliates, or others, such as information concerning your policy, premiums, payment history, information about your home or other real property, information from lenders and other third parties involved in such transaction, account balances, and credit card information;and • Information we receive from consumer or other reporting agencies and publicly recorded documents. Disclosure of Personal Information We may provide your Personal Information(excluding information we receive from consumer or other credit reporting agencies)to various individuals and companies,as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include,without limitation,the following: • To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; • To third-party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and/or providing you with services you have requested; • To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil action, in connection with a subpoena or a governmental investigation; • To companies that perform marketing services on our behalf or to other financial institutions with which we have joint marketing agreements and/or • To lenders, lien holders,judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined,settled,paid or released prior to a title or escrow closing. We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is reasonably necessary to comply with the law or to protect the safety of our customers,employees,or property and/or to comply with a judicial proceeding,court order or legal process. Page 1 of 2 Privacy Statement 02/27/2013 11:59:26 AM Commitment No.: 454-HO364895-610-ETO Fidelity National Financial, Inc. Privacy Statement(Continued) Disclosure to Affiliated Companies — We are permitted by law to share your name, address and facts about your transaction with other FNF companies, such as insurance companies, agents, and other real estate service providers to provide you with services you have requested,for marketing or product development research,or to market products or services to you. We do not,however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law. Disclosure to Nonaffiliated Third Parties — We do not disclose Personal Information about our customers or former customers to nonaffiliated third parties,except as outlined herein or as otherwise permitted by law. Confidentiality and Security of Personal Information We restrict access to Personal Information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard Personal Information. Access to Personal Information/ Requests for Correction,Amendment,or Deletion of Personal Information As required by applicable law, we will afford you the right to access your Personal Information, under certain circumstances to find out to whom your Personal Information has been disclosed, and request correction or deletion of your Personal Information. However, FNF's current policy is to maintain customers' Personal Information for no less than your state's required record retention requirements for the purpose of handling future coverage claims. For your protection, all requests made under this section must be in writing and must include your notarized signature to establish your identity. Where permitted by law, we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to: Chief Privacy Officer Fidelity National Financial,Inc. 601 Riverside Avenue Jacksonville,FL 32204 Changes to this Privacy Statement This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement,we will post a notice of such changes on our website.The effective date of this Privacy Statement,as stated above, indicates the last time this Privacy Statement was revised or materially changed. Page 2 of 2 Privacy Statement