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HomeMy WebLinkAboutDRB130441 APPLICATION Project Name:FRAZIER/NELSON ADDITION DRB Number: DRB130441 Project Description: ADDITION OF GRADE LEVEL WALK-IN CLOSET UNDER EXISTING MAIN LEVEL EXTERIOR DECK. REPLACE EXISTING RANDOM FLAGSTONE PATH WITH STAMPED CONCRETE SIDEWALK. REPLACE WOOD SHAKE ROOF WITH CLASS A SIMULATED SHAKE (MANDERA 900, MOUNTAINWOOD). Participants: OWNER HUMMINGBIRD CO 09/19/2013 C/O JUNE FRAZIER PO BOX 2077 VAIL CO 81658 APPLICANT HUMMINGBIRD CO 09/19/2013 C/O JUNE FRAZIER PO BOX 2077 VAIL CO 81658 ARCHITECT PEEL/LANGENWALTER ARCHITECTS 09/19/2013 Phone: 970-476-4506 P.O. BOX 1202 VAIL CO 81658 License: C000001401 Project Address:3826 LUPINE DR VAIL Location: AKA 3826 BRIDGE ROAD Legal Description:Lot: 9 Block: Subdivision: BIGHORN SUB 2ND ADDITION Parcel Number:2101-111-0102-3 Comments:SEE CONDITIONS BOARD/STAFF ACTION Motion By: Action: STAFFAPP Second By: Vote: Date of Approval: 12/06/2013 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 0 (PLAN): DRB approval does not constitute a permit for building. Please consult with Town of Vail Building personnel prior to construction activities. Cond: 201 (PLAN): DRB approval shall not become valid for 20 days following the date of approval, pursuant to the Vail Town Code, Chapter 12-3-3: APPEALS. Cond: 202 (PLAN): Approval of this project shall lapse and become void one (1) year following the date of final approval, unless a building permit is issued and construction is commenced and is diligently pursued toward completion. Cond: CON0013509 A FUTURE DRB APPLICATION MUST ADDRESS THE TERMS OF THE ONE-TIME EXCLUSION FORM ASSOCIATED WITH THIS DRB APPLICATION. Planner:Joe Batcheller DRB Fee Paid: $300.00 f Department of Community Development 75 South Frontage Road Vail,CO 81657 TOWN OF VA I `` Tel:970-479-2128 www.vailgov.com Development Review Coordinator Application for Design Review Additions - Residential or Commercial General Information: This application is required for ail proposals involving the addition of any floor area, including net floor area and/or gross residential floor area (GRFA). This also includes proposals for `residential 250 additions' and `interior conversions'. Applicable Vail Town Code sections can be found at www.vailgov.com under Vail Information — Town Code Online. All projects requiring design review must receive approval prior to submitting a building permit application. An application for Design Review cannot be accepted until all required information is received by the Community Development Department, as outlined in the submittal requirements. The project may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission. Design review approval expires one year from the date of approval, unless a building permit is issued and construction commences. Fee: $300 Single Family Duplex Multi-Family Commercial Descop n of the Request: e (rte Addition of sq ft of GRFA(Residential)or sq ft of net floor area(Commercial/Office) Physical Address: e Parcei Number: 5:11 (Contac Eagle Co Aps s r -32 0 for parcel no.) Property Owner: N co Mailing Address: R31 G _ Phone: .^' Owner's Signature: Primary Contact/O er Representative: Pzkv-�A n- rired Mall'ng Address: 1 202, Phone 7�'47(a-+IiD� E-Mail: W I liff Fax: Lei -1 4 b igwn <5i4td W' 1' urv% 2 Ajeii+lm - For Office Use Only: Cash_ CC: Visa/MC Last 4 CC# Exp. Date: Auth# Check# l0oa Fee Paid: A60.0Q Received From: Meeting Date: 10-j6 -1a) DRB No.: 4 Planner: Project No: LR'S 1 —O5q Q Zoning: Land Use: Location of the Proposal Lot: Block: Subdivision: 1 02n1 S L.R,Dt2 I S 1 at% IT PROPOSED MATERIALS Building Materials T e of Material Color rpce af i6r4w,' Roof h1 told, ► iG� J' i V X 1 Siding rA-t*X+ 4 � Other Wall Materials Fascia Soffits f]L4 won f., 40 boff Windows Window Trim Doors Door Trim Hand or Deck Rails Flues Flashing r �� Chimneys Trash Enclosures Greenhouses Retaining Walls Exterior Lighting Other 107c) rt � n Yj# Jf ' d 40 �5 X yy _* F r t .. BRICKFORM STANDARD COLOR SELECTION GUIDE BRICKFORM Color Hardener BRICKFORM Antique Release BRICKFORM Cem-Coat BRICKFORM FreestylePRO BRICKFORM Overlay Liquid Colorant 320 Golden Sandstone 1080 Adobe Buff 1070 ndy Bu 325 Sandstone 350 Desert Tan 1030 Ash White 250 Oyster White 1090 Sun Buff 1010 Smokey Beige 300 Nutmeg 625 Dover Blue 615 Stone Gray 600 Ught Gray 200 Medium Gray 100 Dark Gray 815 French Gray 1040 Weathered Sage 1045 Shadow Slate 825 Slate Green 650 Smokey Blue Offices and Warehouses Nationally and Internationally BRICKFORM Color Hardener,BRICKFORM Antique ReleaseAgent,BRICKFORM Cem-Coat,and BRICKFORM FreestylePRO are available in 40 standard colors. *BRICKFORM Overy Liquid Colorant not available in Smokey Blue. Inquiries: 800-483-9628 ►Custom Colors and Color Matching Services Available Web: www.brickform.com ►Standard Colors Not Shown:(All Products)900-Black, 1000-White -':4+ i i' ..x. E t JY•F�<, M F � oft y f; J1YFy 07- -:4-W.� 4 � Y� AL �v i� .� r a -.r VIP- '} + F . Land Title Guarantee Company CUSTOMER DISTRIBUTION Land We CLURA6TEE COIdPANY .-LT 0C.C 0. Date: 08-13-2013 Our Order Number: V50036894 Property Address: 3826 LUPINE DRIVE VAIL, CO 81657 Ifyou have any inqulrles or require further assistance,please contact one of the numbers below: For Title Assistance: Vail Title Dept. 610 WEST LIONSHEAD CIRCLE#200 VAIL,CO 81657 Phone-970-477-4522 Fax: 970-476-4534 EMail: eaglecountyrequests @ltgc.com i HTRSCH&WESTHEIMER 1415 LOUISIANA 36TH FLOOR HOUSTON,TX 77002 Attn: LEE HERMAN Phone: 713-220-9143 i Fax: 713-223-9319 ElMail:]hernian@hirscbwest.com j Sent Via EMall Land Title Guarantee Company Date: 08-13-2013 Land Tile Our Order Number: V50036894 QIAAANTEE COMPANY Hx w.vrcc.CO. Property Address: 3826 LUPINE DRIVE VAIL, CO 81657 Buyer/Borrower: A BUYER TO BE DETERMINED ! Seller/Owner: HUMMINGBIRD COMPANY,A COLORADO SOLE PROPRIETORSHIP i Need a map or directions for your upcoming closing?Check out Land Title's web site at www.Itgc.com ? for directions to any of our 54 office locations. { ESTIMATE OF TITLE FEES TBD Commitment $100.00 i If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL $100.00 P.—c00.7Acr 06/04 THANK YOU FOR YOUR ORDER! LAND TITLE GUARANTEE COMPANY INVOICE NO. VA-7168 Land r� GUARANTEE COMPANY NVN.LTGC.CDY 1 HIRSCH &WESTHEIMER 1415 LOUISIANA 36TH FLOOR HOUSTON,TX 77002 Owner: HUNIMINGB]RD COMPANY,A COLORADO SOLE PROPRIETORSHIP i Address: 3826 LUPINE DRIVE VAIL, CO 81657 Invoice Date: August 13, 2013 Order No. V50036894 i 1 Invoice Charges TBD Commitment $100.00 i -Amount Due- $100.00 Due and payable upon receipt. For Remittance please refer to Invoice No. VA-7168 i Please make checks payable to: Land Title Guarantee Company 5975 Greenwood Plaza Blvd. Suite 125 Greenwood Village, CO 80111-4701 First American Title Insurance Company ALTA COMMITMENT Our Order No. V50036894 Schedule A Cust. Ref.: Property Address: 3826 LUPINE DRIVE VAIL, CO 81657 1. Effective Date: August 02, 2013 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "TBD" Commitment $0.00 Proposed Insured: A BUYER TO BE DETERMINED I s i I i i I 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: i i A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: HUMMINGBIRD COMPANY, A COLORADO SOLE PROPRIETORSHIP 5. The Land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION Copyright 2006-2013 American Land Title Association.All rights reserved. AMERICAN The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. LAND Talc AssoCiAnon j All other uses are prohibited.Reprinted under license from the American Land Title Association. Our Order No: V50036894 LEGAL DESCRIPTION LOT 9,AMENDED FINAL PLAT, BIGHORN SUBDIVISION SECOND ADDITION, A RESUBDIVISION OF LOTS 8 AND 9,ACCORDING TO THE PLAT RECORDED NOVEMBER 14, 2007 UNDER RECEPTION NO. 200730251, COUNTY OF EAGLE, STATE OF COLORADO. i I i i I i i r 1 ALTA COMMITMENT Schedule B-Section 1 (Requirements) Our Order No. V50036894 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: Item (c)Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements,if any disclosed below: 1. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED. I 2. RELEASE OF MECHANIC'S LIEN AS EVIDENCED BY STATEMENT OF EAGLE VALLEY CONSTR IN THE AMOUNT OF$505.00 RECORDED JANUARY 09, 2013, UNDER RECEPTION NO. 201300628. i 3. RELEASE OF DEED OF TRUST DATED DECEMBER 05, 2003 FROM JUNE FRAZIER TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF FIRST WESTERN MORTGAGE j SERVICES,INC. TO SECURE TI[E SUM OF$150,000.00 RECORDED DECEMBER 11, 2003, UNDER RECEPTION NO. 861542. j 3 I 4. RELEASE OF DEED OF TRUST DATED JANUARY 26, 2010 FROM JUNE E. FRAZIER DBA HUMMINGBIRD COMPANY, A COLORADO SOLE PROPRIETORSHIP TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF U.S. BANK NATIONAL ASSOCIATION ND TO SECURE THE SUM OF$400,000.00 RECORDED MARCIi 29, 2010, UNDER RECEPTION NO. 201005874. MODIFICATION AGREEMENT IN CONNECTION WITIi SAID DEED OF TRUST WAS RECORDED FEBRUARY 15, 2011 UNDER RECEPTION NO. 201103014. NOTE:THE ABOVE DEED OF TRUST SECURES A LINE OF CREDIT. 5. RELEASE OF DEED OF TRUST DATED FEBRUARY 03, 2010 FROM JUNE E. FRAZIER DBA HUMMINGBIRD COMPANY, A COLORADO SOLE PROPRIETORSHIP TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF JAMES A. NELSON RECORDED APRIL 02, 2010, UNDER RECEPTION NO. 201006237. ALTA COMMITMENT Schedule B-Section 1 (Requirements) Our Order No. V50036894 Continued: i MODIFICATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED FEBRUARY 15, 2011 UNDER RECEPTION NO. 201103015 AND RECORDED FEBRUARY 7, 2012 UNDER RECEPTION NO. 201202570. 6. WARRANTY DEED FROM HUMMINGBIRD COMPANY, A COLORADO SOLE PROPRIETORSHIP TO A BUYER TO BE DETERMINED CONVEYING SUBJECT PROPERTY. NOTE:ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. i i I, i ALTA COMMITMENT Schedule B-Section 2 (Exceptions) Our Order No. V50036894 The policy or policies to be issued trill 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 Iien, 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 ;E for value the estate or interest or mortgage thereon covered by this Commitment. s 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under(a), (b), or (c) are shown by the Public Records. t C t 8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE E THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES E AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 28, 1900, IN BOOK 48 AT PAGE 477. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 28, 1900, IN BOOK 48 AT PAGE 477. 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 DECEMBER 20, 1962, IN BOOK 174 AT PAGE 403 AND AS AMENDED IN INSTRUMENT RECORDED SEPTEMBER 19, 1963, IN BOOK 175 AT PAGE 257. 11. A TEN PERCENT NON-PARTICIPATING ROYALTY IN AND TO THE PROCEEDS DERIVED FROM ALTA COMMITMENT Schedule B -Section 2 (Exceptions) Our Order No. V50036894 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 i THE SALE OF MINERALS, ETC., PRODUCED AND MINED FROM SAID PREMISES, ALL AS SET FORTH AND RESERVED IN INSTRUMENT RECORDED IN BOOK 166 AT PAGE 407. 12, EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS, RESERVATIONS AND NOTES AS SHOWN OR RESERVED ON THE PLAT OF BIGHORN SUBDIVISION, SECOND ADDITION RECORDED JULY 22, 1963 UNDER RECEPTION NO. 97704. 13. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF AMENDED FINAL PLAT, BIGHORN SUBDMSION SECOND ADDITION, A ' RESUBDIVISION OF LOTS 8 AND 9 RECORDED NOVEMBER 14, 2007 UNDER RECEPTION NO. 200730251. i I i i i i I 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 taxinghdistrict. B A Certificate of Taxes ue listing each taxinglurisdiction s all be obtained from the County Treasurer or 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 Cominissioners, 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 re uirement 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 Regulation 3-5-1, Section 7L 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 recordin 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 M al documents from the transaction, exception number 5 will not appear on the Owners Title icy 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 Pollicy 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. i- 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 mayor 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 formation 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 i as may be necessary alter an examination oT the aforesaid information by the Company. i 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: i This notice applies to owner's policy commitments containing a mineral severance instniment exception, or exceptions, in Schedule B, Section 2. } A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise s: conveyed fro m the sw face 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. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for die purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment,fines, denial or insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete,or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attemptin to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to die Colorado division of insurance within the department of regulatory agencies. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. DISQIW=- 02/2011 First American Title Insurance Company PRIVACY POLICY We are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information- particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us.Therefore, together with our parent company, the First American -Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; •Information about your transactions with us, our affiliated companies, or others; and •Information we receive from a consumer reporting agency. s Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested to us; or (2) as permitted by law. We may, however,store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer ' analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real ! estate services, such as appraisal companies, home warranty companies, and escrow companies. 1 Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have Joint marketing agreements. Fortner Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled respnsibly and in accordance with this Privacy Policy and First American's Fair Information values. We currently maintain physical, electronic, and procedural safeguards that comply with referral regulations to guard your nonpublic personal information. WEBSITE Information on the calculation of premiums and other title related charges are listed at First American's website: www.firstam.com NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, INC., A COLORADO CORPORATION AND MERIDIAN LAND TITLE, L.L.C., A COLORADO LIMITED LIABLITY COMPANY, DB/A LAND TITLE GUARANTEE COMPANY-GRAND JUNCTION This Statement is provided to you as a customer of Land Tide Guarantee Company, a Colorado corporation and Meridian Land Title, LLC, dlb/a Land Tide Guarantee Company-Grand Junction. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: * applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; * your transactions with, or from the services being performed by, us, our affiliates, or others; r * a consumer reporting agency, if such information is provided to us in connection with your transaction; and * the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: * We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. * We maintain physical, electronic and procedural safeguards that comply with federal standards to i protect your Personal Information from unauthorized access or intrusion. !r * Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary I action. ' * We regularly assess security standards and procedures to protect against unauthorized access to Personal ! Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws,there are some situations in which Personal Information may be !: disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so,for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities.We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. i Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Form PP—r .POL.LM._ Commitment for Title Insurance ISSUED BY First American Title Insurance Company FIRST AMERICAN TITLE INSURANCE COMPANY,a California corporation('Comparry'),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 names in Schedule A.as owner or mortgage 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 Schedules A and 8 and to the Conditions of this Commitment. This 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 six(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 die policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF,First American 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. CONDITIONS 1.The term mortgage,when used herein,shall include deed of trust,trust deed,or alter 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 pr*criced 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 9 of this Commitment accordingly,but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3.Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of the Insured in the form of policy or i policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith(4 to comply with the requirements hereof,or i to eliminate exceptions shown in Schedule E.or(r)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 poky or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations 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 i Cemmitmeut except as expressly modified herein. 4.This Commitment is a contract to issued 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 We 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. j 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 as www.alta.org FIRST AMERICAN TITLE INSURANCE COMPANY Issued by: LAND TITLE GUARANTEE COMPANY 3033 EAST FIRST AVENUE SUITE 600 � PO BOX 5440 (80217) — DENVER, CO 80217 Dennis J.Gilmore President r ` AMERICAN LAND TITLE ASSOCIATION A oized Officir or Agent Timmth Kemp CC.FA.05 Secretry