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Home My WebLink AboutDRB130548 APPLICATION, TITLE REPORT.pdf Department of Community Development 75 South Frontage Road TOWN OF ��` Vail, CO 81657 Tel: 970-479-2128 www.vailgov.com Development Review Coordinator Application for Design Review Minor Exterior Alteration General Information: This application is required for all proposals involving minor changes to buildings and site improvements, such as roofing, painting, window additions, landscaping, fences, retaining walls, etc. 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: $250 for Multi-Family/Commercial $20 for Single Family/Duplex Single Family Duplex Multi-Family L Commercial Description of the Request: Addition of windows into the north east area of the home Physical Address: 146 Forest Road Parcel Number: 2101-071-15-032 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Property Owner: Hubbard Family Investors LLC Mailing Address: 101 W. Ohio St., Suite 1350 Indianapolis, IN 46204-1996 Phone: Owner's Signature: Primary Contact/Owner Representative: Dominic Mauriello, Mauriello Planning Group Mailing Address: PO Box 4777 Eagle, CO 81631 Phone: 970-376-3318 E-Mail: dominic @mpgvail.com Fax: For Office Use Only: Cash CC: Visa/ MC Last 4 CC# Exp. Date: Auth # Check# Fee Paid: Received From: Meeting Date: DRB No.: Planner: Project No: Zoning: Land Use: Location of the Proposal: Lot: Block: Subdivision: PROPOSED MATERIALS Buildinq Materials Type of Material Color Roof Siding Other Wall Materials Fascia Soffits Windows to match existing Window Trim Doors Door Trim Hand or Deck Rails Flues Flashing Chimneys Trash Enclosures Greenhouses Retaining Walls Exterior Lighting Other Property Information Property Address 146 Forest Road Parcel# 2101-071-15-032 Legal Description Lot 6, Block 7, Vail Village 1 st Development Site Area sq ft F15730 acres 3611 buildable sq ft Zone District/SDD# Hazard Zones Snow Avalanche F-High Severity F-Moderate Severity N/A Sections 12-21 & 14-7 Debris Flow F_High Flow Moderate Flow F High Avalanche FT N/A Rock fall F_High Severity Medium Severity FN/A Excessive Slopes I [_>_30% �� N/A Floodplain F_100 year floodplain Floodway Wetlands F-WA Creeks, Streams HGoreCreek Fon site F_ adjacent to site r N/A Section 12-14-17 ❑Other tributary: Fon site Fadjacent to site F N/A Project Information Project Description Addition of windows Development Standards Allowed Existing Proposed Gross Residential Floor Area Primary sq ft (maximum) Chapter 12-15 Secondary sq ft EHU sq ft TOTAL sq ft 6594 6004 6004 250 Addition Interior Conversion Credits: Setbacks (minimum) Front ft 20 20 20 Section 14-10-4 Side ft 15 18 18 Side ft Rear ft Watercourse ft Site Coverage (maximum) 3146 3361 3361 see definition Section 12-2-2 Building Height(maximum) Sloping ft see definition Section 12-2-2 Flat ft Landscaping Softscape sq ft See definition Section 14-2-1 Section 14-10-8 Hardscape sq ft TOTAL sq ft Driveway Max Curb-cuts Sections 14-3-1 & 14-3-2 Max Grade @ centerline Min Width Heated drive? r—Yes F_No Yes U__ No Snow Storage % Parking #Enclosed Spaces Sections 12-10& 14-5 #Unenclosed TOTAL Outdoor Lighting(maximum) #fixtures Section 14-10-7 Land Title Guarantee Company CUSTOMER DISTRIBUTION d Title GUARANTEE COMPANY W W W.LT G C.C OM Date: 10-07-2013 Our Order Number: V50037246 Property Address: 146 FOREST ROAD AKA LOT 6 BLK 7 VAIL VILLAGE FLG 1 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. 610 WEST L I ONSHEAD CIRCLE#200 VAIL, CO 81657 Phone: 970-477-4522 Fax: 970-476-4534 EMail: eaglecountyrequests@tgc.com MAURIELLO PLANNING GROUP, LLC PO BOX 4777 2205 EAGLE RANCH RD EAGLE, CO 81631 Attn: ALLISON KENT Phone: 970-376-3318 EMail: allison @mpgvail.com Sent Via EMail Land Title Guarantee Company Date: 10-07-2013 Land Title Our Order Number: V50037246 GUARANTEE COMPANY W W W.LT G C.C OM Property Address: 146 FOREST ROAD AKA LOT 6 BLK 7 VAIL VILLAGE FLG 1 VAIL, CO 81657 Buyer/Borrower: A BUYER TO BE DETERMINED Seller/Owner: HUBBARD FAMILY INVESTORS, LLC, AN INDIANA LIMITED LIABILITY COMPANY Need a map or directionsfor your upcoming closing?Check out Land Titldsweb siteat www.Itgc.com for directionsto any of our 54 office locations. ESTIMATE OF TITLE FEES TBD Commitment $100. 00 If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL $100. 00 Form CONTACT 06/04 THANK YOU FOR YOUR ORDER! LAND TITLE GL ARANTEE OC APAW I wa CE N O Vi-7299 d Title GUARANTEE COMPANY W W W.LT G C.C OM MAURIELLO PLANNING GROUP, LLC PO BOX 4777 EAGLE, CO 81631 Owner: HUBBARD FAMILY INVESTORS, LLC, AN INDIANA LIMITED LIABILITY COMPANY Address: 146 FOREST ROAD AKA LOT 6 BLK 7 VAIL VILLAGE FLG 1 VAIL, CO 81657 Invoice Date: October 07, 2013 Order No. V50037246 I nvoice Charges TBD Commitment $100. 00 -Amount Due- $100. 00 Due and payable upon receipt. For Remittance please refer to I nvoice No. VA-7299 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. V50037246 ScheduleA Cust. Ref.: Property Address: 146 FOREST ROAD AKA LOT 6 BLK 7 VAIL VILLAGE FLG 1 VAIL, CO 81657 1. Effective Date: September 24, 2013 at 5:00 P.M. 2. Policy to be Issued, and Proposed I nsured: "TBD" Commitment $0.00 Proposed Insured: A BUYER TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple as to Parcel 1 and an Easement as to Parcel 2 4. Title to the estate or interest covered herein is at the effective date hereof vested in: HUBBARD FAMILY INVESTORS, LLC, AN INDIANA LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment isdescribed asfollows: SEE ATTACHED PAGE(S)FOR LEGAL DESCRIPTION Copyright 2006-2013 American Land Title Association. All rights reserved. AMERICAN The useof this Form is restricted to ALTA licenseesand ALTA members in good standing asof the dateof use. LAND TITLE ASSOCIATION All other usesare prohibited. Reprinted under licensefrom the American Land Title Association. Ak Our Order No: V50037246 LEGAL DEKR Pll CN PARCELI LOT 6, BLOCK 7, VAIL VILLAGE, FIRST FILING, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. PARCEL 2 THOSE EASEMENT RIGHTS CREATED BY INSTRUMENT RECORDED JANUARY 7, 1992 IN BOOK 570 AT PAGE 202. ALTA COMMITMENT Schedule B- Section 1 (Requirements) Our Order No. V50037246 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. 2. FURNISH TO LAND TITLE GUARANTEE COMPANY THE RELEVANT PAGES OF THE FULLY EXECUTED OPERATING AGREEMENT FOR HUBBARD FAMILY INVESTORS, LLC, AN INDIANA LIMITED LIABILITY COMPANY THAT DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY ON BEHALF OF SAID ENTITY. NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION. 3. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF HUBBARD FAMILY INVESTORS, LLC, AN INDIANA LIMITED LIABILITY COMPANY AS A LIMITED LIABILITY COMPANY. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S)AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS. NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. 4. RELEASE OF DEED OF TRUST DATED NOVEMBER 29, 2004 FROM KATHRYN F. HUBBARD REVOCABLE TRUST DATED DECEMBER 4, 2003 TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF TO SECURE THE SUM OF $7,400,000.00 RECORDED DECEMBER 10, 2004, UNDER RECEPTION NO. 900108. ALTA COMMITMENT Schedule B- Section 1 (Requirements) Our Order No. V50037246 Continued: 5. WARRANTY DEED FROM HUBBARD FAMILY INVESTORS, LLC, AN INDIANA LIMITED LIABILITY COMPANY 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. ALTA COMMITMENT Schedule B- Section 2 (Exceptions) Our Order No. V50037246 Thepolicyor policiesto beissued 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 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. 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. 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. 11. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF VAIL VILLAGE FIRST FILING RECORDED AUGUST 6, 1962 UNDER RECEPTION NO. 96382. ALTA COMMITMENT Schedule B- Section 2 (Exceptions) Our Order No. V50037246 The policy or policiesto be issued will contain exceptionstothefollowing unless the same are disposed of to the satisfaction of the Company: 12. TERMS, CONDITIONS AND PROVISIONS OF ENCROACHMENT AGREEMENT RECORDED SEPTEMBER 26, 1990 IN BOOK 538 AT PAGE 714. 13. TERMS, CONDITIONS AND PROVISIONS OF ENCROACHMENT AGREEMENT RECORDED SEPTEMBER 26, 1990 IN BOOK 538 AT PAGE 715. 14. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN CONVEYANCE OF EASEMENT RECORDED JANUARY 07, 1992 IN BOOK 570 AT PAGE 202. 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 shall 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 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 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 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 Owners 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 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 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. 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 the 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 attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the 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. DISCLOSURE 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. Typesof 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. 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. 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. Former 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. WEBSI TE 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, D/B/A LAND TITLE GUARANTEE COMPANY- GRAND JUNCTION This Statement is provided to you as a customer of Land Title Guarantee Company, a Colorado corporation and Meridian Land Title, LLC, d/b/a Land Title 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; • 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 protect your Personal Information from unauthorized access or intrusion. • Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary 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. 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 PRIV.POL.LTG.1 Commi tment for Ti tI e Insurance Iss w First American Title Insurance Company RFSTA!\ 9CAN-ITLEIN3JRN\CEO?vPANY,a(>lifariaociporatian('YbrrpW'),fora valuablearsidadien,eamitstoissueitspolicycrpdiciesoftitleirsrance,as identified inSJmJ leAinfavoroftheRcImsedInsurednarres in SJiEdJeA as om-er or nutgagedtheestateorinterest in the la-ddascribadarreferred to in SchisduleA Lpon payrrat of the preriu Ts and d-Erges axi earfiianeewith the Pacluirerets;all subject tothe provisions of Sd-isd ies Acrd Bard tothe Oondtians of this 0onTritrret. This OormitnBtt shall be effectiveaiy when the idatity of the RgDosed Insured axi the arrant of the policy cr polides ocrrritted for henne been inserted in SdhecdteA lbytheGonjDanH. Alliabilitya-doldig#ionunderthis(krmitmetshalloe meaxiterrinatesx(6)nuthsafter theEffectiv eD 3t eerwhentlepolicycrpdidescorrrittedforshallissue whidever first occurs,provided that the failure to issue the pd icy or policies is not the fault of theCcnparty. The Ompary will provide a smlJeof the policy fomLpan regulest. This 0wr itnat shall rrt bevalid or lirdrg Lrtil ocxtersigned by a validating offices cr athcimd siglAc y. IN VuTNEBS VgfRE F,First Arraican Title Insurance Oan-parny has cased its oxperate narre a id seal to be affixed by its Wy authorized otfiosrs on the date d-o m in SdneJ_leA CONDITIONS 1.Thetermnrutgaega when used hsren,shall indurdedeed ot trust,tn.st deed a oth err security irshurret. 2.If the proposed Insured h escr acquired actual Igmledgeday defect,lien,anarrbraice,admsedaimu other n Ater affecting the estate or interest or ntrtgagethaecn oDA Tedby this Oxmitnetother than those shmninSdneJ.l eB hereof,axi shell fail tocisdesesuchknoMe±ptotheO parry in writing,the OoTparyshallbereie)ed frornlialility for my loss or darra ge resulting from any act of rdia-ce hereon to the adent the 0on-party isproudoedbyfailLretosodsdosesuchlgn ledge If the proposed Insured shall dsdosesudsImowledgetoth eOarrpany,aif the O parry otherwise aoclures actual lemledge d arty such defect,lien emxrba-o,-ale-se daimor other !ratter,the Owpanyat its cptionm3yarendSd neJAeBof this Camitnat accordrgly,but sLcharaxirat shall not relieve the Qn-pary from IiabilityVeAc slyinaxred pursuat to paragraph 3 of these 03-dtia>;ad aipulatiors. 3.Liability of the 0 rpa y under this Oxmitrret shall be only to the nsrred p-gxeed Insured and such parties included under the definition of the Insured in thefomof policy or policies cormitted for and only for actual lass incurred in reialoe hereon in w de taidnrg in good faith(a)to oergJy with the recp irerets hereof,or(b)to einintrte ecoelot ions slimn in SdieJ_ie B,or(c)to a*re or create the estate or interest or nnrtgagathers n owned by this Oxmitrret.In no e✓et shall such liability eceeed thearout stated in Schedule Afcr the policy or pd ides camitted for axi such I iability is saved to the insuring p DAsions ad OxlJtions axi 3ipulatio ns and the Exdusia>; frorn0aeaca of the fo mof policy or policies earrritted for in fartx of the proposed Insured which are hereby inoorpc aced by reference axi are errade a part of this ODrTmtnat exoept es ENxesey nndfied heren 4.This 03Tr itnret is a oo tract to issued ane a nuretithe insurance policies and is not an abstract of title or a report of the oordtion ot title Any action or actions or rights of anon that the proposed Insured nay have or rray bring against the Cm-pany arising auk of the status of the title to the estate or interest or the status of tht°nutgagethaarnoofredbythsO mitnatmu stbebreedonacer esLet>jecttothepimsicrsofthis0mitnat. 5.The policy to be issusd oo tains an abitration da se.Al akitrdJe RAters when the Arrourt of Irsuraroe is$2,000,000 or less shall be aldtrated at the option of ether the Oanparny or the Insured as the ecdu live renedy of the parties.Yw Iraq ratiew a oopy ot the arbitration rules re www.a taorg RFSTFUV'EROANTITLEINS N\EOai:Pw Issued by. LAND TITLE GUARANTEE COMPANY 3033 EAST FIRST AVENUE SUITE 600 PO BOX 5440 (80217) - 4- DENVER, CO 80217 Dennis J.dlnue rL Reddert ` AMERICAN LAND TITLE ASSOCIATION hnaized Cffik or Agert S97da Keep Ak MFA06