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Home My WebLink AboutADM150012 �i� �� ``�7 f_'� LJ � I_--, , � � Department of Community Development t j � 75 South Frontage Road TOWN QF VAIL" ?i I va�i, co s�ss� ;; ' D�C 1 � 2015 � Te1: 970-479-2128 �I i? www.vailgov.com "�� , ��; � �j�� °-` � 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.vailqov.com. Fee: $100 Recording Fees: Please visit the Eagle County website http://www.eaqlecountv.us/Clerk/Recordinq/Record a DocumenU 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. DeSC�lptlOn Of the RequeSt: Amended Condominium Plat Physical Address: 223�ore creek�rive Parcel Number: 2�o�-os2-�2-ooi (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) PI'Op21"ty OWtI@f: Creek side Condominium Association ,�1��I T�-(�'�� f%��`��; / �� Mailing AddYeSS: 12970 E.Cape Horn Drive,Tucson,AZ 85749 , Phone: 520-403-6930 ,. � _ � ., — _. � � , , - _ , , - Owner's Sig nature: � '�- �T;� � ,,: �- _ - �.� _; ti.)t � ! F')� _. - � Primary Contact/Owner Repr,esen�IV@: Sam Ecker Mailing Address: Po aox�5,Avon,Co 8�620 Phone: 9�0-479-8698 E-MBiI: sam@gorerange.net Fax: For Office Use Only: Cash_ CC: Visa/MC Last 4 CC# Auth# Check# Fee Paid: Received From: IVl�eting Dat__e�__-------��° - .��-�� - ADM No.: T�`�V1'11'��10�l � Planner: � ��_:�� Project No: ��.� 1 =' - � �� S K Zoning: Land Use: Location of the Proposal: Lot: � Block:.�� Subdivision:J'�l—�l\�� l,t n�(i. L Account Page 1 of 1 Account: R010206 I_ocati<rn Orvner Information Assessment fiistor� Situs Address 000223 GORE Owner Name SWITZER Actual(2015) $2,098,760 CREEK DR#1 FAMILY LP Assessed $167,060 Tax Area SC103-VAIL(TOWN) Owner Address 12970 E CAPE Tax Area: SC103 Mill Levy:47.0140 -SC103 HORN DR Type Actual Assessed Acres SQFT Units Parcel Number 2101-082-12-001 TUCSON,AZ 85749-5704 Improvements $2,098,760 $167,060 0.000 1600.000 0.000 Legal Summary Subdivision: Land 0.020 0.000 0.000 CREEKS[DE CONDO Unit: 1 BK-0233 PG-0450 W D 02-I 5-74 BK-0730 PG-0699 QCD 06-25-97 BK-0220 PG-0227 DEC 04-14-71 BK-0220 PG-0228 MAP 04-14-71 R656158 MAP OS-13-98 R807831 QCD 09-16-02 R808727 WD 09-23-02 R200707743 SWD 3-19-07 R200710740 QCD 03-19-07 Transfers Sale Price Sale Date Reception Number Book Page 0%%OT2009 2U0914365 03!2��k%2009 2009Q6132 5�0,()UU ()-�iOSi�971 I3: 0'2U P:03N:i I m ages . }>I�ot�� • SI<etrh �.. � �;,, � � r�., � �..... � �s ,�d , ,._9 ��, a � �a��. ��'� :� , �. ' � "��°� �'�"�'�=�� '��a ,�s�,„� �'�M. _ . � s , �� . , ��e a° �,.� �� .;„� �. � �.��: �`¢ ��p � �; �� $�'�0.t� E"� � " �; � �� u.s �� wrau� ..a��; <:� . „ .. C�'' � ...wu�aw��,.:. ".� �_ ... .� .,� http://property.eaglecounty.us/assessor/taxweb/account.j sp?accountNum=R010206 12/11/2015 � � ��'Cl�a� P.O.Box 1980,50 Chambers Ave.Suite 1 T'�le Company Eagie,co si63� U,k;,,��r„�x,�,�.,�,e�r�„��i Phone: (970)328-5211 �� Fax: (866)828-9541 DATE: December 10,2015 FILE NUMBER: 454-H0427160-610-ETO,Amendment No.2 PROPERTY ADDRESS: 223 Gore Creek Dc#l,Vail,CO 81657 BUYER/BORROWER: To be determined OWNER(S): YOUR REFERENCE NUMBER: ASSESSOR PARCEL NUMBER: 210108212001 R010206 PLEASE TAKE NOTE OF THE FOLLOWING REVISED TERMS CONTAINED HEREIN: Legal Description and Requirements WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. FOR WIRING INSTRUCTIONS,PLEASE CONTACT YOUR ESCROW OFFICE AS NOTED ON THE TRANSMITTAL PAGE OF THIS COMMITMENT. 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: To be determined ATTN: Peter Switzer PHONE: FAX: E-MAIL: psswit(a�aoLcom TO: Gore Range Surveying,LLC ATTN: Sam Ecker P.O. Box 15 PHONE: (970)479-8698 Avon,CO 81620 FAX: (970)479-0055 E-MAIL: sam@gorerange.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 12/10/2015 8:29 AM Commitment No.: 454-H0427160-610-ETO,Amendment No.2 Commonwealth Land Title Insurance Company COMMITMENT SCHEDULE A Commitment No: 454-H0427160-610-ETO,Amendment No. 2 1. Effective Date: November 25,2015 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 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: Parcel 1 Ajesco Limited Partnership,an Illinois limited partnership f/k/a Switzer Family Limited Partnership Parcel 2 JFM Limited Partnership I,a Kansas limited partnership; JKR Limited Partnership I,and the Vande Garde Family Trust,U/T/A dated 9/24/2010, as their interests may appear Parcel3 John Potter Parcel 4 The Todderud Family Limited Partnership, an Indiana limited partnership Pa rcel 5 Creekside Commercial Building LLC,a Colorado limited liability company Pa rcel 6 Creekside Commercial Building,LLC,a Colorado limited liability company and The Peter& Nancy Switzer Family Revocable Trust dated February 21,2005 5. The land referred to in this Commitment is described as follows: See Attached Legal Description PREMIUMS: Title research fee: $100.00 Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and � AM t RI CAN 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. �� 12/10/2015 8:29 AM Commitment No.: 454-H0427160-610-ETO,Amendment No.2 Attached Legal Description Parcel 1 Condominium Unit 1, Creekside Condominiums,according to the Condominium Map recorded April l4, 1971 in Book 220 at Page 228 as Reception No. l 15876, and the Map of Creekside Condominiums-Gasthof Gramshammer, recorded May 13, 1998 as Reception No. 656158,and as defined and described in the Condominium Declaration for Creekside Condominium, recorded April 14, 1971 in Book 220 at Page 227 as Reception No. 115875, County of Eagle, State of Colorado. Parcel2 Condominium Unit 2,Creekside Condominiums, according to the Condominium Map recorded April 14, ]971 in Book 220 at Page 228 as Reception No. ]15876, and the Map of Creekside Condominiums-Gasthof Gramshammer, recorded May 13, 1998 as Reception No. 656158, and as defined and described in the Condominium Declaration for Creekside Condominium,recorded April l4, 1971 in Book 220 at Page 227 as Reception No. 115875, County of Eagle, State of Colorado Parcel3 Condominium Unit 3, Creekside Condominiums, according to the Condominium Map recorded April 14, l97] in Book 220 at Page 228 as Reception No. 115876, and the Map of Creekside Condominiums-Gasthof Gramshammer, recorded May l3, 1998 as Reception No. 656158,and as defined and described in the Condominium Declaration far Geekside Condominium, recorded April 14, 1971 in Book 220 at Page 227 as Reception No. 115875, County of Eagle, State of Colorado Parcel 4 Condominium Unit 4,Creekside Condominiums, according to the Condominium Map recorded April 14, ]97l in Book 220 at Page 228 as Reception No. 115876, and the Map of Creekside Condominiums-Gasthof Gramshammer, recarded May 13, 1998 as Reception No. 656158, and as defined and described in the Condominium Declaration for Creekside Condominium, recorded April 14, 1971 in Book 220 at Page 227 as Reception No. 1 15875, County of Eagle, State of Colorado Pa rcel 5 Condominium Unit D,Creekside Condominiums,according to the Condominium Map recorded April 14, 1971 in Book 220 at Page 228 as Reception No. 115876, and the Map of Creekside Condominiums-Gasthof Gramshammer, recorded May 13, 1998 as Reception No. 656158, and as defined and described in the Condominium Declaration for Creekside Condominium, recorded April l4, 1971 in Book 220 at Page 227 as Reception No. I 15875, County of Eagle, State of Colorado Pa rcel 6 Condominium Units A, B,C, E,and 5, Creekside Condominiums, according to the Condominium Map recorded April l4, 1971 in Book 220 at Page 228 as Reception No. 115876,and the Map of Creekside Condominiums- Gasthof Gramshammer, recorded May 13, 1998 as Reception No. 656158,and as defined and described in the Condominium Declaration for Creekside Condominium, recarded April 14, 1971 in Book 220 at Page 227 as Reception No. 115875, 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 � nwtK��sa� ALTA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American �\^��r��!! _ �,,��o� Land Title Association. U � �� 12/]0/2015 8:29 AM Commitment No.: 454-H0427160-610-ETO,Amendment No.2 SCHEDULE B—Section 1 Requirements The following requirements must be met: a. Recordation of Statement of Authority for Ajesco Limited Partnership, an Illinois Limited Partnership pursuant to Colorado Revised Statutes evidencing the existence of the entity and authority of the person(s) authorized to execute and deliver instruments affecting title to real property on behalf of the entity and containing other information required by Colarado Revised Statutes. b. Recordation of Statement of Authority for JFM Limited Partnership I, a Kansas limited partnership pursuant to Colorado Revised Statutes evidencing the existence of the entity and authority of the person(s) authorized to execute and deliver instruments affecting tifle to real property on behalf of the entity and containing other information required by Colorado Revised Statutes. c. Recordation of Statement of Authority for JKR Limited Partnership I, a Kansas limited partnership pursuant to Colorado Revised Statutes evidencing the existence of the entity and authority of the person(s) authorized to execute and deliver instruments affecting title to real property on behalf of the entity and containing other information required by Colorado Revised Statutes. d. Recordation of Statement of Authority for The Todderud Family Limited Partnership, an Indiana limited partnership pursuant to Colorado Revised Statutes evidencing the existence of the entity and authority of the person(s) authorized to execute and deliver instruments affecting title to real property on behalf of the entity and containing other information required by Colorado Revised Statutes. e. Recordation of Statement of Authority far The Peter & Nancy Switzer Family Revocable Trust dated February 21, 2005 pursuant to Colorado Revised Statutes evidencing the existence of the entity and authority of the person(s) authorized to execute and deliver instruments affecting title to real property on behalf of the entity and containing other information required by Colorado Revised Statutes. f. Recordation of Statement of Authority for C.H.R., Inc., a Colorado corparation pursuant to Colorado Revised Statutes evidencing the existence of the entity and authority of the person(s) authorized to execute and deliver instruments affecting title to real property on behalf of the entity and containing other information required by Colorado Revised Statutes. Statement of Authority for The Vande Garde Family Trust, U/T/A 9/24/2010 recorded September 28, 2010 at Reception No. 201019107 discloses the following person(s) authorized to sign on behalf of the entity,pursuant to Colorado Revised Statutes: Larry Duane Vande Garde and Linda Kay Vande Garde,trustees Statement of Authority for Creekside Commercial Building LLC, a Colorado limited liability company recorded June 20, 20]1 at Reception No. 201 1 1 1705 discloses the following person(s) authorized to sign on behalf of the entity, pursuant to Colorado Revised Statutes: Lady Belle Partnership, L.L.L.P., an Arizona limited liability limited partnership,manager Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and A.ME� 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. �,��v 12/]0/2015 8:29 AM Commitment No.: 454-H0427160-610-ETO,Amendment No.2 Statement of Authority for Lady Belle Partnership, L.L.L.P. and Arizona limited liability limited partnership recorded April 18, 2014 at Reception No. 201406113 discloses the following person(s) authorized to sign on behalf of the entity, pursuant to Colorado Revised Statutes: C.H.R., Inc., a Colorado corporation,General Partner g. Furnish to the Company for approval and recordation the following: First Amended Condominium Map of Creekside Condominiums. First Amended Condominium Declaration of Creekside Condominiums h. Instrument(s,) duly recorded, evidencing the positive consents to the Amended Condominium Map and Declaration of the owners representing an aggregate ownership interest of seventy-five percent, or more, of the general common elements and all holders of recorded mortgage or deed of trust. p. The Company reserves the right to add additional exceptions and/or make further requirements once the identity of the Purchaser is disclosed. 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. END OF REQUIREMENTS Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and � AM k A1 c A!� ALTA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American ^-�� ,_��.,�,o�� Land Title Association. � 12/10/2015 829 AM Commitment No.: 454-H0427160-610-ETO,Amendment No.2 SCHEDULE B—Section 2 Exceptions Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: 1. Any facts,rights, interests or claims that are not shown by the Public Recards but which could be ascertained by an inspection of the Land ar 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. Water rights, claims of title to water,whether or not these matters are shown by the Public Records. 7. All taxes and assessments,now or heretofore assessed, due or payable. NOTE: This tax exception will be amended at policy upon satisfaction and evidence of payment of taxes. 8. Reservations contained in the Patent From: The United States of America Recording Date: July 12, 1899 Recording No: Book 48 at Pa�e 475 Which among other things recites as follows: A right of way thereon for ditches or canals constructed by the authority of the United States of America. Any vested and accrued water rights for mining, agricultural, manufacturing or other purposes and rights to ditches and reservoirs used in connection with such water rights as may be recognized and acknowledged by local customs, laws and decisions of courts. 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. 9. Covenants, conditions and restrictions, which do not include a forfeiture or reverter clause, 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 in the document Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and AME� ALTA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American s^_�`�� Land Title Association. AS�� 12/]0/2015 8:29 AM Commitment No.: 454-H0427160-610-ETO,Amendment No.2 Recording Date: August 10, 1962 Recording No: Book 174 at Pa�e 179 ]0. Easements, reservations and restrictions as shown on the plat recorded August 06, 1962 at Reception No. 96382. 11. Covenants, conditions and restrictions, which do not include a forfeiture or reverter clause, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexua] orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal ]aws,except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the Condominium Declaration Recording Date: April 14, 1971 Recording No: Book 220 at Page 227 12. Easements, reservations and restrictions as shown on the Condominium Map recorded April 14, 1971 in Book 220 at Pa�e 228 and Final Plat recorded May 13, 1998 at Reception No. 656158. 13. A deed of trust to secure an indebtedness in the amount shown below, Amount: $377,800.00 Trustor/Grantor: Peter S. Switzer and Nancy C. Switzer Trustee: Public Trustee of Eagle County Beneficiary: U.S. Bank,N.A. Recording Date: June O5, 2009 Recording No: Reception No. 200910955 (As to Parcel 1) 14. A deed of trust to secure an indebtedness in the amount shown below, Amount: $100,000.00 Trustor/Grantor Linda K. Vande Garde Trustee: Public Trustee of Eagle County Beneficiary: Silver Lake Bank Recording Date: June 18, 1998 Recording No: Reception No. 659907 (As to Parcel 2) 15. A deed of trust to secure an indebtedness in the amount shown below, Amount: $500,000.00 Trustor/Grantor: John Potter Trustee: Public Trustee of Eagle County Beneficiary: FirstBank Recording Date: August 14,2015 Recording No: Reception No. 201515309 (As to Parcel 3) Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and AMf� ALTA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American !^r!-��_�!v Land Title Association. 15�� 12/]0/2015 829 AM Commitment No.: 454-H0427160-610-ETO,Amendment No.2 END OF EXCEPTIONS Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and � AMkKI 14:�' 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. s� 12/10/2015 8:29 AM Commitment No.: 454-H0427160-610-ETO,Amendment No.2 AFFIDAVIT AND INDEMNITY AGREEMENT TO Heritage Title Company,Inc.a Colorado Corporation and Commonwealth Land Title Insurance Company,a Nebraska Corporation. L This is written evidence to you that there are no unpaid bills, and to the extent there may be unpaid bills, that the undersigned undertakes and agrees to cause the same to be paid such that there shall be no mechanics or materialmen's liens affecting the property for materials or labor furnished for construction and erection,repairs or improvements contracted by or on behalf of the undersigned on property: legally described as: See Attached Affidavit and Indemnity Agreement Legal Description Property Address: 223 Gore Creek Dr.#1,Vail,CO 81657 2. We further represent that to the actual knowledge and belief of the undersigned there are no public improvements affecting the properiy prior to the date of closing that would give rise to a special property tax assessment against the property after the date of closing. 3. We further represent that to the actual knowledge and belief of the undersigned there are no pending proceedings or unsatisfied judgments of record,in any Court,State,or Federal,nor any tax liens filed or taxes assessed against us which may result in liens,and that if there are judgments,bankruptcies,probate proceedings,state or federal tax liens of record against parties with same or similar names,that they are not against us. 4. We further represent that there are no unrecorded contracts, leases, easements, ar other agreements or interests relating to said premises of which we have knowledge. 5. We further represent that to the actual knowledge and belief of the undersigned we are in sole possession of the real property described herein other than leasehold estates reflected as recorded items under the subject commitment for title insurance. 6. We further represent that there are no unpaid charges and assessments that could result in a lien in favor of any association of homeowners which are provided for in any document referred to in Schedule B of Commitment referenced above. 7. We further understand that any payoff figures shown on the settlement statement have been supplied to Heritage Title Company, Inc. as settlement agent by the seller's/borrower's lender and are subject to confirmation upon tender of the payoff to the lender. If the payoff figures are inaccurate,we hereby agree to immediately pay any shortage(s)that may exist. If applicable as disclosed or referred to on Schedule A of Commitment referenced above. The undersigned affiant(s) know the matters herein stated are true and indemnities Heritage Title Company, Inc., a Colorado Corporation and Commonwealth Land Title Insurance Company,a Nebraska Corporation against loss,costs,damages and expenses of every kind incurred by it by reason of its reliance on the statements made herein. This agreement is executed with and forms a part of the sale and/or financing of the above described premises,and is given in addition to the conveyance and/or financing of the premises in consideration for the conveyance and/or financing, and forms a complete agreement by itself for any action thereon. SELLER: SELLER: SELLER: SELLER: State of Colorado }ss: County of Eagle The foregoing instrument was acknowledged,subscribed,and sworn to before me on by. (SEAL) Notary Public My Commission E�pires: 12/]0/2015 8:29 AM Commitment No.: 454-H0427160-610-ETO,Amendment No.2 ATTACHED AFFIDAVIT AND INDEMNITY AGREEMENT LEGAL DESCRIPTION Parcel 1 Condominium Unit l,Creekside Condominiums,according to the Condominium Map recarded April 14, 1971 in Book 220 at Page 228 as Reception No. 115876,and the Map of Creekside Condominiums-Gasthof Gramshammer,recorded May 13, 1998 as Reception No. 656158,and as defined and described in the Condominium Declaration for Creekside Condominium,recorded April 14,1971 in Book 220 at Page 227 as Reception No. 115875,County of Eagle,State of Colorado. Parcel 2 Condominium Unit 2,Creekside Condominiums,according to the Condominium Map recorded April 14, 1971 in Book 220 at Page 228 as Reception No. 115876,and the Map of Creekside Condominiums-Gasthof Gramshammer,recorded May 13, 1998 as Reception No. 656158,and as detined and described in the Condominium Dedaration far Creekside Condominium,recorded April 14, 1971 in Book 220 at Page 227 as Reception No. 115875,County of Eagle,State of Colorado Parcel 3 Condominium Unit 3,Creekside Condominiums,according to the Condominium Map recorded April 14, 1971 in Book 220 at Page 228 as Reception No. 115876,and the Map of Creekside Condominiums-Gasthof Gramshammer,recorded May 13, 1998 as Reception No. 656158,and as defined and described in the Condominium Declaration for Creekside Condominium,recorded April 14, 1971 in Book 220 at Page 227 as Reception No. 115875,County of Eagle,State of Colorado Parcel4 Condominium Unit 4,Creekside Condominiums,according to the Condominium Map recorded April 14, 1971 in Book 220 at Page 228 as Reception No. 115876,and the Map of Creekside Condominiums-Gasthof Gramshammer,recorded May 13, 1998 as Reception No. 656158,and as defined and described in the Condominium Declaration for Geekside Condominium,recorded April 14, 1971 in Book 220 at Page 227 as Reception No. 115875,County of Eagle,State of Colorado Parcel5 Condominium Unit D,Creekside Condominiums,according to the Condominium Map recorded April 14, 1971 in Book 220 at Page 228 as Reception No. 115876,and the Map of Creekside Condominiums-Gasthof Gramshammer,recorded May 13, 1998 as Reception No. 656158,and as defined and described in the Condominium Declaration for Creekside Condominium,recorded April 14, 1971 in Book 220 at Page 227 as Reception No. I 15875,County of Eagle,State of Colorado Parcel 6 Condominium Units A,B,C,E,and 5,Creekside Condominiums,according to the Condominium Map recorded April 14, 1971 in Book 220 at Page 228 as Reception No. 115876,and the Map of Creekside Condominiums-Gasthof Gramshammer,recorded May 13, 1998 as Reception No.656158,and as defined and described in the Condominium Declaration for Creekside Condominium,recorded April 14, 1971 in Book 220 at Page 227 as Reception No. 115875,County of Eagle,State of Colorado 12/]0/2015 829 AM Commitment No.: 454-H0427160-610-ETO,Amendment No.2 TM 0 mmonwea t 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. ..�u,T ,,..,.,.,�, j�,�,p tTtf�ysG,. _,Ja.. .:q':_ j , :,�: ;��. tS�,��-� ,(.r� �.-- Attest: ,/ �......_-_---..__ ;o:,SEAL�o_ By 4'' � :f••. ��< Secretary ;4oj••.........�:''ta°, •-,.,�ex�s��;,,a�^'` President Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and � .4ME Rl CA!�' 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. �S��v 12/]0/2015 829 AM Commitment No.: 454-H0427160-610-ETO,Amendment No.2 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 ar 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 ar 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 ar a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have ar 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 htt�://www.alta.or�. Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and � AMEAICA!� 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. �� 12/]0/2015 8:29 AM Commitment No.: 454-H0427160-610-ETO,Amendment No.2 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 ritle 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, ar 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)of the 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-]09 (2)of the Colorado Revised Statutes, 1973,requires that a notation of the purchasers lega] 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 10-1 1-122 of the Colorado Revised Statutes, 1987 the Company is required to disclose the following infarmation: o The subject property may be located in a special taxing district. o A Certificate of TaYes 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 disri-icts may be obtained from the Board of County Commissioners,the County Clerk and Recorder or the County Assessor. • Pursuant to Section 10-11-123 of the 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/l7/06),the policy may not contain an arbitration clause, or the terms of the 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 of the parties. Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and � A.Mt��c,.v ALTA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American „^�;�q��,� Land Title Association. � FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Fidelity National Financial, Inc. and its majoriry-owned subsidiary Web Beacons. Some of our web pages and electronic companies providing real estate-and loan-related services(collectively, communications may contain images, which may or may not be visible "FNF", "our" or "we") respect and are committed to protecting your to you,known as Web Beacons(sometimes referred to as"clear gifs'�). privacy. This Privacy Notice lets you know how and for what purposes Web Beacons collect only limited information that includes a cookie your Personal Information (as defined herein) is being collected, number;time and date of a page view;and a description of the page on processed and used by FNF. We pledge that we will take reasonable which the Web Beacon resides.We may also carry Web Beacons placed steps to ensure that your Personal Information will only be used in ways by third party advertisers.These Web Beacons do not carry any Personal that are in compliance with this Privacy Notice. The provision of this Information and are only used to track usage of the Website and Privacy Notice to you does not create any express or implied activities associated with the Website. See the Third Partv Opt Out relationship, or create any express or implied duty or other obligation, section below. between Fidelity National Financial, Inc. a�d you. See also No Representations or Warranties below. Unique Identifier. We may assign you a unique internal identifier to help keep track of your future visits. We may use this information to This Privacy Notice is only in effect for any generic information and gather aggregate demographic information about our visitors, and we Personal Information collected and/or owned by FNF, including may use it to personalize the information you see on the Website and collection through any FNF website and any online features, services some of the electronic communications you receive from us. We keep and/or programs offered by FNF (collectively, the "Website"). This this information for our internal use, and this information is not shared Privacy Notice is not applicable to any other web pages, mobile with others. applications, social media sites, email lists, generic information or Third Party Opt Out. Although we do not presently,in the future we Personal [nformation collected and/or owned by any entity other than FNF. may allow third-party companies to serve advertisements and/or collect certain anonymous information when you visit the Website. These How Information is Collected companies may use non-personally identifiable information (e.g., click The types of personal information FNF collects may include, among stream information, browser type, time and date, subject of other things (collectively, "Personal Information"): (1) contact advertisements clicked or scrolled over) during your visits to the information (e.g., name, address, phone number, email address); (2) Website in order to provide advertisements about products and services demographic information(e.g., date of birth, gender marital status); (3) likely to be of greater interest to you. These companies typically use a Internet protocol(or[P)address or device ID/CJDID;(4) social security cookie or third party Web Beacon to collect this information,as further number (SSN), student ID (SIN), driver's license, passport, and other described above. Through these technologies, the third party may have government ID numbers (5) financial account information; and (6) access to and use non-personalized information about your online usage information related to offenses or criminal convictions. activity. In the course of our business, we may collect Personal [nformation You can opt-out of certain online behavioral services through any one of about you from the following sources: the ways described below. Atter you opt-out, you may continue to • Applications or other forms we receive from you or your receive advertisements, but those advertisements will no longer be as authorized representative; relevant to you. • Information we receive from you through the Website; . You can opt-out via the Network Advertising Initiative industry • [nformation about your transactions with or services performed by opt-out at http:Uw�vw.nehvorkadvertisin�.ore/. us,our affiliates,or others;and You can opt-out via the Consumer Choice Page at • From consumer or other reporting agencies and public records � http://��ti��.aboutads.info. maintained by governmental entities that we either obtain directly � For those in the U.K., you can opt-out via the IAB UK's industry from those entities,or from our affiliates or others. opt-out at httn://��vw.vouronlinechoices.com. Additional Wavs Information is Collected Throu¢h the Website • You can configure your web browser (Chrome, Firefox, Internet Browser Log Files. Our servers automatically log each visitor to Explarer,Safari,etc.)to delete and/or control the use of cookies. the Website and collect and record certain information about each visitor. This information may indude IP address, browser language, More information can be found in the Help system of your browser. browser type, operating system, domain names, browsing history Note: [f you opt-out as described above, you should not delete your (including time spent at a domain, time and date of your visit), cookies.If you delete your cookies,you will need to opt-out again. referring/exit web pages and URLs, and number of clicks. The domain Use of Personal Information name and IP address reveal nothing personal about the user other than Information collected by FNF is used for three main purposes: the IP address from which the user has accessed the Website. • To provide products and services to you or one or more third party Cookies. From time to time,FNF or other third parties may send a service providers(collectively, '`Third Parties")who are obtaining "cookie"to your computer.A cookie is a small piece of data that is sent services on your behalf or in connection with a transaction to your [nternet browser from a web server and stored on your involving you. computer's hard drive and that can be re-sent to the serving website on . To improve our products and services that �ve perform for you or subsequent visits. A cookie, by itself; cannot read other data f'rom your for Third Parties. hard disk or read other cookie files already on your computer.A cookie, , To communicate with you and to inform you about FNF�s, FNF's by itself, does not damage your system. We, our advertisers and other affiliates and third parties'products and services. third parties may use cookies to identify and keep track of,among other things.those areas of the Website and third party websites that you have When Information Is Disclosed BY FNF visited in the past in order to enhance your neYt visit to the Website. We may provide your Personal Information (excluding information we You can choose whether or not to accept cookies by changing the receive from consumer or other credit reporting agencies) to various settings of your Internet browser,but some functionality of the Website individuals and companies, as permitted by law, without obtaining your may be impaired or not function as intended. See the Third Partv Opt prior authorization. Such laws do not allow consumers to restrict these Out section below. disclosures.Disclosures may include,without limitation,the following: Privacy Notice Effective: May 1,2015 • To agents, brokers, representatives, or others to provide you with Privacy Notice,and to abide by and comply with this Privacy Notice. In services you have requested, and to enable us to detect or prevent any case,you affirm that you are over the age of 13,as THE WEBSITE criminal activity, fraud, material misrepresentation, or IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE nondisclosure in connection with an insurance transaction; UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL • To third-party contractors or service providers who provide Gi1ARDIAN. services or perform marketing services or other functions on our parents should be aware that FNF's Privacy Notice will govern our use behalf; of Personal Information, but also that information that is voluntarily • To law enforcement or other governmental authority in connection g�ven by children—or others— in email exchanges, bulletin boards or with an investigation, or civil or criminal subpoenas or court the like may be used by other parties to generate unsolicited arders;and/or communications. FNF encourages all parents to instruct their children in • To lenders, lien holders, judgment creditors, or other parties the safe and responsible use of their Personal Information while using claiming an encumbrance or an interest in title whose claim or the Intemet. interest must be determined,settled,paid or released prior to a title or escrow closing. Privacv Outside the Website The Website may contain various links to other websites,including links In addition to the other times when we might disclose information about to various third party service providers. FNF is not and cannot be you,we might also disclose information when required by law or in the responsible for the privacy practices or the content of any of those other good-faith belief that such disclosure is necessary to: (1)comply with a �,vebsites. 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Personal Information to our subsidiaries,affiliated companies,and other European Union Users businesses or persons for the purposes of processing such information If you are a citizen of the European Union, please note that we may on our behalf and promoting the services of our trusted business transfer your Personal Information outside the European Union for use partners, some or all of which may store your information on servers for any of the purposes described in this Privacy Notice. By providing outside of the United States. We require that these parties agree to FNF with your Personal Information,you consent to both our collection process such information in compliance with our Privacy Notice or in a and such transfer of your Personal Information in accordance with this similar,industry-standard manner,and we use reasonable efforts to limit privacy Notice. their use of such information and to use other appropriate confidentiality and security measures.The use of your information by one of our trusted Choices With Your Personal Information business partners may be subject to that party's own Privacy Notice. We Whether you submit Personal Information to FNF is entirely up to you. do not, however, disclose information we collect from consumer or You may decide not to submit Personal Information,in which case FNF credit reporting agencies with our affiliates or others without your may not be able to provide certain services or products to you. consent, in wnformity with applicable law, unless such disclosure is you may choose to prevent FNF from disclosing or using your Personal otherwise permitted by law. Information under certain circumstances(`opt ouP').You may opt out of We also reserve the right to disclose Personal Inf'ormation and/or non- any disclosure or use of your Personal Information for purposes that are Personal Information to take precautions against liability, investigate incompatible with the purpose(s)for which it was originally collected or and defend against any third-party claims or allegations, assist for which you subsequently gave authorization by notifying us by one of government enforcement agencies,protect the security or integrity of the the methods at the end of this Privacy Notice. Furthermore,even where Website,and protect the rights,property,or personal safety of FNF,our your Personal Information is to be disclosed and used in accordance users or others. with the stated purposes in this Privacy Notice,you may elect to opt out of such disclosure to and use by a third party that is not acting as an We reserve the right to transfer your Personal Information, as well as agent of FNF.As described above,there are some uses from which you any other information,in connection with the sale or other disposition of cannot opt-out. all or part of the FNF business and/or assets. We also cannot make any representations regarding the use or transfer of your Personal Please note that opting out of the disclosure and use of your Personal [nformation or other information that we may have in the event of our Information as a prospective employee may prevent you from being bankruptcy, reorganization, insolvency, receivership or an assignment hired as an employee by FNF to the extent that provision of your for the benefit of creditors, and you expressly agree and consent to the Personal Information is required to apply for an open position. use and/or transfer of your Personal Information or other information in If FNF collects Personal Information from you, such information will connection with a sale or transfer of some or all of our assets in any of not be disclosed or used by FNF for purposes that are incompatible with the above described proceedings. Furthermore, we cannot and will not the purpose(s) for which it was originally collected or for which you be responsible for any breach of security by any third parties or for any subsequently gave authorization unless you at�irmatively consent to actions of any third parties that receive any of the information that is such disclosure and use. disdosed to us. You may opt out of online behavioral advertising by following the Information From Children instructions set forth above under the above section '`Additional Ways We do not collect Personal Information from any person that we know That Information Is Collected Through the Website,"subsection"Third to be under the age of thirteen (13). Specitically, the Website is not partyOptOut." intended or designed to attract children under the age of thirteen (13). You aftirm that you are either more than 18 years of age, or an Access and Correction emancipated minor, or possess legal parental or guardian consent, and To access your Personal [nformation in the possession of FNF and are fully able and competent to enter into the terms, conditions, correct inaccuracies of that information in our recards,please contact us obligations,affirmations,representations,and warranties set forth in this in the manner specified at the end of this Privacy Notice. We ask Privacy Notice Effective: May l,2015 individuals to identify themselves and the information requested to be CCN does not share consumer information with third parties,other than accessed and amended before processing such requests, and we may those with which the mortgage loan servicer has contracted to interface decline to process requests in limited circumstances as permitted by with the CCN application. applicable privacy legislation. All sections of the FNF Privacy Notice apply to your interaction with Your California Privacv RiPhts CCN, except for the sections titled Choices with Your Personal Under California's "Shine the LighY' law, California residents who Information and Access and Correction. If you have questions regarding provide certain personally identifiable inf'ormation in connection with the choices you have with regard to your personal information or how to obtaining products or services for personal, family or household use are access or correct your personal information, you should contact your entitled to request and obtain from us once a calendar year information mortgage loan servicer. about the customer information we shared, if any,with other businesses for their own direct marketing uses. If applicable, this information No Representations or Warranties would include the categories of customer information and the names and BY Providing this Privacy Notice, Fidelity National Financial, Inc. does addresses of those businesses with which we shared customer not make any representations or wananties whatsoever concerning any information for the immediately prior calendar year(e.g.,requests made Products or services provided to you by its majority-owned subsidiaries. in 2015 will receive information regarding 2014 sharing activities). �n addition, you also expressly agree that your use of the Website is at your own risk. Any services provided to you by Fidelity National To obtain this information on behalf of FNF, please send an email FinanciaL [nc. and/or the Website are provided "as is" and "as message to privacv��r fn£com with "Request for California Privacy available" for your use, without representations or warranties of any [nformation" in the subject line and in the body of your message. We kind, either express or implied, unless such warranties are legally will provide the requested information to you at your email address in incapable of exclusion. Fidelity National FinanciaL Inc. makes no response. representations or warranties that any services provided to you by it or the Website,or any services offered in connection with the Website are Please be aware that not all information sharing is covered by the"Shine or will remain uninterrupted or ettor-free,that defects will be corrected, the LighY"requirements and only information on covered sharing�vill be or that the web pages on or accessed through the Website,or the servers included in our response. used in connection with the Website, are or will remain free from any Additionally, because we may collect your Personal Information from viruses, worms,time bombs, drop dead devices, Trojan horses or other time to time, California's Online Privacy Protection Act requires us to harmful components. Any liability of Fidelity National Financial, Inc. disclose how we respond to "do not track" requests and other similar and your exclusive remedy with respect to the use of any product or mechanisms. Currently, our policy is that we do not recognize"do not service provided by Fidelity National Financial, Inc. including on or track''requests from[nternet browsers and similar devices. accessed through the Website, will be the re-perfbrmance of such service found to be inadequate. FNF Comoliance with California Online Privacv Protection Act For some websites which FNF or one of its companies owns,such as the 1'our Consent To This Privacv Notice Customer CareNet (`CCN'�), FNF is acting as a third party service By submitting Personal [nformation to FNF, you consent to the provider to a mortgage loan servicer.In those instances,we may collect collection and use of information by us as specified above or as we certain information on behalf of that mortgage loan servicer for fulfilling otherwise see fit, in compliance with this Privacy Notice, unless you a service to that mortgage loan servicer. Far example, you may access inform us otherwise by means of the procedure identified below. If we CCN to complete a transaction with your mortgage loan servicer.During decide to change this Privacy Notice, we will make an effort to post this transaction, the information which we may collect on behalf of the those changes on the Website. Each time we collect information from mortgage loan servicer is as follows: you following any amendment of this Privacy Notice will signif'y your assent to and acceptance of its revised terms for all previously collected • First and Last Name information and information collected from you in the future. We may • Property Address use comments, information or feedback that you may submit in any • User Name manner that we may choose without notice or compensation to you. • Password . Loan Number If you have additional questions ar comments, please let us know by • Social Security Number-masked upon entry sending your comments or requests to: . Email Address Fidelity National Financial,Inc. • Three Security Questions and Answers 601 Riverside Avenue • [P Address Jacksonville,Florida 32204 Atfi:Chief Privacy Officer The information you submit is then transferred to your mortgage loan (888)934-3354 servicer by way of CCN. privacy r fnf.com The mortgage loan servicer is responsible for taking action or Copyright OO 2015. Fidelity National Financial, Inc. All Rights making changes to any consumer information submitted through Reserved. this website. For example,if you believe that your payment or user information is incorrect, you must contact your mortgage loan EFFECTIVE AS OF:MAY 1,2015 servicer. Privacy Notice Effective: May 1,2015