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HomeMy WebLinkAboutADM140010 ADMINISTRATIVE ACTION FORM Department of Community Development 75 South Frontage Road Vail, CO 81657 tel: 970-479-2138 fax: 970-479-2452 web: www.vailgov.com Project Name:BRIDGE STREET INVESTMENTS AMEN Application Type:CondThPl ADM Number: ADM140010 Parcel: 2101-082-6903-9 Project Description:Amended Condominium Plat to capture square Participants: OWNER BRIDGE STREET INVESTMENTS LL 10/07/2014 FELIX GUZMAN 16-1 COLONIA EL PARQUE NAVCALPAN ESTADO DE MEXICO CP53390 MEXICO 53390 APPLICANT CONTRACT ONE, INC 10/07/2014 Phone: 970-748-1138 PO BOX 8530 AVON CO 81620 License: C000003119 Project Address:287 HANSON RANCH RD VAILLocation: Legal Description: Lot: AB Block: 2 Subdivision: VAIL VILLAGE FILING 1 Comments:See conditions BOARD/STAFF ACTION Motion By: Action: STAFFAPR Second By: Vote: Date of Approval: 10/21/2014 Meeting Date: Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Planner:Warren Campbell DRB Fee Paid: $100.00 LS � E I1�jz Department of Community Development U L� 75 South Frontage Road TOWN Of YAlL Vail, CO 81657 OCT 0 i 2014 Tel: 970 -479 -2128 www.vailgov.com Development Review Coordinator Administrative Application Condominium and Townhouse Plat General Information: Condominium and townhouse plats which do not constitute "conversions" from rental as defined in Section 13 -7 -2, Definitions, Vail Town Code may be approved by the administrator, subject to review by other Town of Vail departments. Please see Section 13 -6, Condominium and Townhouse Plats, Vail Town Code for more detailed information. Vail Town Code can be found on the Town's website at www.vailgov.com. Fee: $100 Recording Fees: Please visit the Eagle County website http:// www .eaglecounty.us /Clerk/Recording /Record a Document/ for the most up -to -date recording fees and check with your planner prior to submitting the payment. A check written out to the Eagle County Clerk and Recorder is required to be submitted once the plat has been approved by the Planning and Environmental Commission and prior to the recording of the plat. Description of the Request: Amended Condominium Plat Physical Address: 278 Bridge Street Parcel Number: 2101 - 082 -69 -039 Property Owner: Bridge Street Investments LLC (Contact Eagle Co. Assessor at 970 - 328 -8640 for parcel no.) Mailing Address: 2121 N. Frontage Road West, #263, Vail, CO 81657 Phone: Owner's Primary Contact/ Owner 146present9tive: Mailing Address: ( y �� _ ��b 26 Phone: c/::" 7U— -7 q U E -Mail: 171 Fax: For Office Use Only: Cash_ CC: is / MC Last 4 CC # Auth # c�ta.0 %4 Check # Fee Paid: IUD Received From: g f�jGn �hr,Sar, Meeting Date: ADM No.: MIL{ QkO Planner: Project No: OZ 14- SS Zoning: Location of the Proposal: Land Use: Lot: Block: r2 Subdivision: 44',\ J,k\yg L- '\; CR TOWN Of VAIL" Community Development Department JOINT PROPERTY OWNER Dep WRITTEN APPROVAL LETTER The applicant must submit written joint property owner approval for applications affecting shared ownership properties such as duplex, condominium, and multi- tenant buildings. This form, or similar written correspondence, must be completed by the adjoining duplex unit owner or the authorized agent of the home owner's association in the case of a condominium or multi- tenant building. All completed forms must be submitted with the applicants completed application. I, (print name) 730 _1 `a'f 2 r \y , a joint owner, or authority of the association, of property located at Ici � -7 0 Snl dIN R%A Gk Rag � Jq0 CJ MO provide this letter as written approval of the plans dated -� I 1 l f -Jo I which have been submitted to the Town of Vail Community Development Department for the proposed improvements to be completed at the address noted above. I understand that the proposed improvements include: I understand that modifications may be made to the plans over the course of the review process to ensure compliance with the Town's applicable codes and regulations; and that it is the sole responsibility of the applicant to keep the joint property owner apprised of any changes and ensure that the changes are acceptable and appropriate. Submittal of an application results in the applicant agreeing to this statement. Sign re ___7S uAll Print Name to 0'1 2 Date PqLand Title Guarantee Company Laid -�'^ CUSTOMER DISTRIBUTION LQI d I IIIG GUAMNTEE COMPANY 1YN W. LT G C. C OM Date: 09 -11 -2013 Our Order Number: V50037076 Property Address: 278 HANSON RANCH ROAD AKA UNIT 403 BRIDGE STREET LODGE 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 LIONSHEAD CIRCLE #200 VAIL, CO 81657 Phone: 970-477-4522 Fax: 970 - 476 -4534 EMail: eaglecountyrequests@ltgc.com GORE RANGE SURVEYING PO BOX 15 AVON, CO 81620 Attn: SAM ECKER Phone: 970 - 479 -8698 Fax: 970 - 479 -0055 EMail: sam @gorerange.net Sent Via EMail Land Title Guarantee Company Date: 09 -11 -2013 [„and T& Our Order Number: V50037076 GUARANTEE COMPANY www. LT G C. for Property Address: 278 HANSON RANCH ROAD AKA UNIT 403 BRIDGE STREET LODGE VAIL, CO 81657 Buyer/Borrower: A BUYER TO BE DETERMINED Seller /Owner: BRIDGE STREET INVESTMENTS LLC, A COLORADO LIMITED LIABILITY COMPANY Need a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com for dwecnons to anv of our 54 ofnce focanons. ESTIMATE OF TITLE FEES TBD Commitment $100.00 If band Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL $100.00 Poxm COMA= 06/04 THANK YOU FOR YOUR ORDER! LAND TITLE GUARANTEE COMPANY INVOICE NO. VA -7246 Land Title GUARANTEE COMPANY WWW.LTGC.COM GORE RANGE SURVEYING PO BOX 15 AVON, CO 81620 Owner: BRIDGE STREET INVESTMENTS LLC, A COLORADO LIMITED LIABILITY COMPANY Address: 278 HANSON RANCH ROAD AKA UNIT 403 BRIDGE STREET LODGE VAIL, CO 81657 Invoice Date: September 11, 2013 Order No. V50037076 Invoice Charges TBD Commitment $100.00 - Amount Due - $100.00 Due and payable upon receipt. For Remittance please refer to Invoice No. VA -7246 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. V50037076 Schedule A Cust. Ref.: Property Address: 278 HANSON RANCH ROAD AKA UNIT 403 BRIDGE STREET LODGE VAIL, CO 81657 1. Effective Date: September 04, 2013 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "TBD" Commitment Proposed Insured: A BUYER TO BE DETERMINED $0.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: BRIDGE STREET INVESTMENTS LLC, A COLORADO LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION Copyright 2006 -2013 American Land Tide Association. All rights reserved. - AMERICAN TITLE The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. LAND ASSOCIATION All other uses are prohibited. Reprinted under license from the American Land Tide Association. TM Our Order No: V50037076 LEGAL DESCRIPTION CONDOMINIUM UNIT 403, BRIDGE STREET LODGE, ACCORDING TO THE RESTATED CONDOMINIUM DECLARATION FOR BRIDGE STREET LODGE, A CONDOMINIUM RECORDED DECEMBER 29, 1995 IN BOOK 684 AT PAGE 839 AND THE CONDOMINIUM MAP RECORDED DECEMBER 29, 1995 IN BOOK 684 AT PAGE 840, COUNTY OF EAGLE, STATE OF COLORADO. ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. V50037076 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 BRIDGE STREET INVESTMENTS LLC, A COLORADO 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 BRIDGE STREET INVESTMENTS LLC, A COLORADO 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. WARRANTY DEED FROM BRIDGE STREET INVESTMENTS LLC, A COLORADO LIMITED LIABILITY COMPANY TO A BUYER TO BE DETERMINED CONVEYING SUBJECT PROPERTY. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. V50037076 Continued: 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. V50037076 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching 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. (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 JULY 12, 1899, IN BOOK 48 AT PAGE 475 AND IN UNITED STATES PATENT RECORDED MAY 20, 1905 IN BOOK 48 AT PAGE 511 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 12, 1899, IN BOOK 48 AT PAGE 475 AND IN UNITED STATES PATENT RECORDED MAY 20, 1905 IN BOOK 48 AT PAGE 511 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 AND AS AMENDED IN INSTRUMENT RECORDED AUGUST 30, 1971 IN BOOK 221 AT PAGE 492. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. V50037076 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 11. TERMS, CONDITIONS AND PROVISIONS OF ACKNOWLEDGEMENT AND CONSENT RECORDED APRIL 27, 1995 IN BOOK 666 AT PAGE 126. 12. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED APRIL 27, 1995 IN BOOK 666 AT PAGE 127. 13. 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 DECEMBER 29, 1995, IN BOOK 684 AT PAGE 839 AND FIRST AMENDMENT THERETO RECORDED AUGUST 26, 1996 IN BOOK 703 AT PAGE 636. 14. EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS, RESERVATIONS AND NOTES AS SHOWN OR RESERVED ON THE CONDOMINIUM MAP OF BRIDGE STREET LODGE RECORDED DECEMBER 29, 1995 IN BOOK 684 AT PAGE 840. 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 taxin %district. B) A Certificate of Taxes QDue listing each taxing jurisdiction 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 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 "Ee title entity shall be responsible for all matters which appear of record prior to the timve r of y recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed ". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner s Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner s PoIlicy 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 mechanics and material -men's hens. 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 Aggreements satisfactorryy to the company, and, any additional requirements as may be necessary alter an examination ot� 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, tas, other minerals, or geothermal ener in the property; and B) That such mineral estate may inc ude the right to enter and use the properly 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. 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. 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. 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, 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. Fonn PRIV.POL.LTG.l Commitment for Title Insurance ISSUED BY First American Title Insurance Company FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation ("Company'J, 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 it the land described or referred to in Schedule A, upon payment of time premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B 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 imstxted in Schedule A by the Company. All liability and obligation under this Commitment shad cease and terminate sir (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 poky or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Conrritment shall not be valid or biding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, First Anuxican TO 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 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 merest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Comparry it writing, the Company shall be relieved from liability for any kiss or damage resulting from arty 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 amendrnent shall not relieve the Company from bWkty 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 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 Sdmedude 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 policy or policies committed for and such liability is subject to the insurN provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of time proposed Insured which are hereby incorporated by reference and are made a pan of this Cominitment 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 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 as www.alta.org CC.FA.O6 FIRST AMERICAN TITLE INSURANCE COMPANY �.iiPresident Gilmore AM E ILI CAN LAND TITLE ASSOCIATION Kemp n