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Home My WebLink AboutPEC160006 Title Report �i/v 1 N ��V� Customer Distribution L��,��, Our Order Number: ABC50042612-3 .:.14G.+0.'1tF 6.�k�f Sc:Y �—4,�,�<�,;r_-,.— Date: 01-08-2016 Property Address: 450 E LIONSHEAD CIR#X,VAIL, CO 81657 For Closing Assistance Closer's Assistant For Title Assistance Colin Snody Whitney Lewis SCOTT BENNETTS 3033 E 1STAVE#600 3033 E 1STAVE#600 5975 GREENWOOD PLAZA BLVD DENVER,CO 80206 DENVER,CO 80206 GREENWOOD VILLAGE,CO 80111 303-331-6234(phone) 303-331-6249(phone) 303-850-4175(phone) 303-393-3806(fax) 303-393-4912(fax) 303-393-4842(fax) csnody@Itgc.com wlewis@Itgc.com sbennetts@Itgc.com Company License:C044565 THE VAIL CENTRE,A COLORADO NON-PROFIT CORPORATION REYNOLDS KALAMAYA&VOBORIL LLC Attention:ROSS IVERSON Attention:DAN REYNOLDS P.O.BOX 100 82 E BEAVER CREEK BLVD#206 VAIL,CO 81658 PO BOX 1663 970-680-3525(work) AVON,CO 81620 ross@vailcentre.org 970-331-5321(work) Delivered via:Electronic Mail dan@rkvlaw.com Delivered via:Electronic Mail HIGH POINT INVESTORS LLC C/O FIRST NATIONAL BANK OF NAI MOUNTAIN COMMERCIAL DENVER Attention: ERICH SCHMIDT Attention:ANDREA HAGEMAN 245 CHAPEL PLACE#C200 1726 HOVER STREET AVON,CO 81620 LONGMONT,CO 80501 970-476-4185(work) 303-962-8079(work) erich@naimountain.com ahageman@firstnationaldenver.com Delivered via:Electronic Mail Delivered via:Elec[ronic Mail NAI MOUNTAIN COMMERCIAL BROWNSTEIN HYATT FARBER&SCHRECK PC Attention:MIKE PEARSON Attention:CAITLIN QUANDER 245 CHAPEL PLACE#C200 410 17TH ST 22ND FL AVON,CO 81620 DENVER,CO 80202 970-476-4185(work) 253-380-5311(phone) mike@naimountain.com 303-223-1100(work) Delivered via:Undetermined 303-223-1111(work fax) cquander@bhfs.com Delivered via:Electronic Mail BERKSHIRE HATHAWAY HOME SERVICES COLORADO LAND TITLE GUARANTEE COMPANY PROPERTIES Attention:SHERRI GOLDSTEIN Attention:C ONIE BOLDUC 3033 E 1STAVE#600 511 LIONSHEAD MALL DENVER,CO 80206 VAIL,CO 81657 303-519-6587(work) 970-476-2482(work) 303-322-7603(work fax) 970-476-6499(work fax) sgoldstein@Itgc.com onie@bhhsvail.net Delivered via:Linked Commitment Delivery Delivered via:Undetermined BROWNSTEIN HYATT FARBER&SCHRECK PC BROWNSTEIN HYATT FARBER&SCHRECK PC Attention:JENNIFER EITELJORG Attention:MARGARET CAWTHRA 410 17TH ST 22ND FL 410 17TH ST 22ND FL DENVER,CO 80202 DENVER,CO 80202 303-223-1100(work) 303-223-1100(work) 303-223-1111(work fax) 303-223-1111(work fax) jeiteljorg@bhfs.com mcawthra@bhfs.com Delivered via:Electronic Mail Delivered via:Electronic Mail I . ��1��i�� . ,az�.�,�:< ,..,,: . � _��,,,. _ Wire Instructions "Per Colorado Good Funds Statute, Land Title cannot accept funds in the form of a personal check or an ACH payment" Bank: FIRSTBANK OF COLORADO Address: 10403 W COLFAX AVENUE LAKEWOOD, CO 80215 P hone: 303-237-5000 Credit: LAND TITLE GUARANTEE COMPANY ABA No: 107005047 Account: 2160521825 Attention: Colin Snody Reference ABC50042612-3 *If any of the above information is missing,the wire will be returned to sender. i i i � _ �t��T�t�� °�,�a.hkr->�.�t,vr,r�rs.ti� ,+!,"?fFtd J�4"., .. Land Title Guarantee Company Estimate of Title Fees Order Number: ABC50042612-3 Date: 01-08-2016 Property Address: 450 E LIONSHEAD CIR#X, VAIL, CO 81657 Buyer/Borrower: VAIL CENTRE,A COLORADO NON-PROFIT CORPORATION Seller: HIGH POINT INVESTORS, LLC,A COLORADO LIMITED LIABILITY COMPANY Visit Land Title's website at www.ltgc.com for directions to any of our offices. Estimate of Title Insurance Fees ALTA Owners Policy 06-17-06 (Builder Rate) $3,675.00 Deletion of Exce�tions 1-3 60.00 Deletion of General Exception 4 25.00 Tax Certificate(will be ordered prior to closing) R040415 $21.00 If Land Title Guarantee Company will be closing this transaction,the fees listed above will be collected at closing. Total $3.781.00 THANK YOU FOR YOUR ORDER! ALTA COMMITMENT First American Title Insurance Company Schedule A Order Number: ABC50042612-3 Customer Ref-Loan No.: Property Address: 450 E LIONSHEAD CIR#X,VAIL, CO 81657 1. Effective Date: 12-22-2015 At 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "ALTA" Owner's Policy 06-17-06 $3,900,000.00 Proposed Insured: VAIL CENTRE,A COLORADO NON-PROFIT CORPORATION 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: HIGH POINT INVESTORS, LLC,A COLORADO LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: CONDOMINIUM UNIT X, TREETOPS PLAZA&GARAGE CONDOMINIUMS,ACCORDING TO THE CONDOMINIUM MAP RECORDED APRIL 23, 1993 IN BOOK 607 AT PAGE 205,AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED APRIL 23, 1993, IN BOOK 607 AT PAGE 204, COUNTY OF EAGLE, STATE OF COLORADO. Copyright 2006-2016 American Land Title Association. All Rights Reserved � i MERICAN The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date At�� of use. All other uses are prohibited.Reprinted under license from the American Land Title Association. ALTA COMMITMENT First American Title Insurance Company Schedule B Section 1 (Requirements) Order Number: ABC50042612-3 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. (ITEM INTENTIONALLY DELETED) 3. A FULL COPY OF THE FULLY EXECUTED OPERATING AGREEMENTAND ANY AND ALLAMENDMENTS THERETO FOR HIGH POINT INVESTORS, LLC,A COLORADO LIMITED LIABILITY COMPANY MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY. SAID AGREEMENT MUST DISCLOSE WHO MAY CONVEY,ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID ENTITY. NOTE:ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION. 4. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF HIGH POINT INVESTORS, 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. 5. CERTIFIED COPY OF RESOLUTION OF THE GOVERNING BOARD OF THE VAIL CENTRE,A COLORADO NON-PROFIT CORPORATION AUTHORIZING THE ACQUISITION OF SUBJECT PROPERTY AND EXECUTION OF NECESSARY DOCUMENTS,AND RECITING THAT THE BOARD HAS BEEN DULY AUTHORIZED IN THE PREMISES. SAID RESOLUTION MUST BE PROPERLY CERTIFIED BYAN OFFICER OF THE CORPORATION WITH THE CORPORATE SEALAFFIXED. SAID RESOLUTION MUST BE SUBMITTED TO AND APPROVED BY LAND TITLE GUARANTEE COMPANY BUT NEED NOT BE RECORDED. 6. WARRANTY DEED FROM HIGH POINT INVESTORS, LLC,A COLORADO LIMITED LIABILITY COMPANY TO VAIL CENTRE,A COLORADO NON-PROFIT CORPORATION CONVEYING SUBJECT PROPERTY. NOTE: ITEMS 1-3 OF THE GENERAL EXCEPTIONS ARE HEREBY DELETED. UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ALTA COMMITMENT First American Title Insurance Company Schedule B Section 1 (Requirements) Order Number: ABC50042612-3 The following are the requirements to be complied with: ITEM NO. 4 OF THE GENERAL EXCEPTIONS WILL BE AMENDED AS FOLLOWS: ITEM NO. 4 OF THE GENERAL EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF HIGH POINT INVESTORS. LLC A COLORADO LIMITED LIABILITY COMPANY. FIRST AMERICAN TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF VAIL CENTRE A COLORADO NON- PROFIT CORPORATION. NOTE: ITEM 5 OF THE GENERAL EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S)AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. NOTE' UPON PROOF OF PAYMENT OF 2015 TAXES. ITEM 6 WILL BEAMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2016 AND SUBSEQUENT YEARS. NOTE' ITEMS 7�A1 AND 7(� OF THE GENERAL EXCEPTIONS ARE HEREBY DELETED. NOTE: ITEM 8 UNDER SCHEDULE B-2 WILL BE DELETED UPON PROOF FROM THE OWNER STATING THERE ARE NO LEASES OR TENANTS ON SUBJECT PROPERTY. First American Title Insurance Company Schedule B Section 2 (Exceptions) Order Number: ABC50042612-3 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 of 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. 8. EXISTING LEASES AND TENANCIES, IF ANY. 9. 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 93AT PAGE 98. 10. 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 PAG E 98. 11. 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 MAY 18, 1970, IN BOOK 217 AT PAGE 675,AND AMENDMENT THERETO RECORDED JULY 30, 1970 IN BOOK 218 AT PAGE 334,AND AMENDMENT THERETO RECORDED OCTOBER 15, 1970 IN BOOK 218AT PAGE 899. 12. EASEMENTS, BUILDING SET-BACKS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF VAIL/LIONSHEAD, FIRST FILING RECORDED MAY 10, 1970 UNDER RECEPTION NO. 113260. 13. THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS AND RESTRICTIONS, 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 First American Title Insurance Company Schedule B Section 2 (Exceptions) Order Number: ABC50042612-3 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: FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BYAPPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED NOVEMBER 8, 1971 IN BOOK 222 AT PAGE 190,AND THE FIRST SUPPLEMENT TO SAID DECLARATION RECORDED SEPTEMBER 7, 1972 IN BOOK 225 AT PAGE 339,AND RESOLUTION OF THE TREETOPS CONDOMINIUM ASSOCIATION RECORDED JUNE 25, 1984 IN BOOK 387 AT PAGE 925,AND AMENDMENT RECORDED NOVEMBER 30, 1984 IN BOOK 401 AT PAGE 194,AND RESOLUTION RECORDED JULY 17, 1991 IN BOOK 557 AT PAGE 980. NOTE: SECRETARY'S CERTIFICATE RECORDED JUNE 25, 1984 IN BOOK 387 AT PAGE 926. NOTE:AFFIDAVIT OF THE PRESIDENT OF THE TREETOPS CONDOMINIUM ASSOCIATION RECORDED JUNE 25, 1984 IN BOOK 387 AT PAGE 927. 14. UNDERGROUND RIGHT OF WAY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC., INC. IN INSTRUMENT RECORDED AUGUST 8, 1984 IN BOOK 391 AT PAGE 838. (AFFECTS COMMON AREA) 15. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED DECEMBER 17, 1984 IN BOOK 402 AT PAGE 212. 16. 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, IFANY, 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 APRIL 23, 1993, IN BOOK 607 AT PAGE 204AND AMENDMENT THERETO RECORDED JANUARY 21, 2005 UNDER RECEPTION NO. 904108. 17. fITEM INTENTIONALLY DELETEDI 18. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN GRANT OF EASEMENT RECORDED AUGUST 11, 2010 UNDER RECEPTION NO. 201015734. �I I LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY-GRAND JUNCTION �� T��' ., ti�_,•.;,,. . ,�.,��,� DISCLOSURE STATEMENTS „_�,.• ._ :6; —.. 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 will be obtained from the counry treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary.(for an Owner's Policy of Title Insurance pertaining to a sale of residential real property) 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 Regulations 3-5-1, Paragraph G of Article VII requires that"Every title entiry 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 Owner's Title Policy and the Lenders Policy when issued. Note:Affirmative mechanic's lien protection for the Owner may be available(rypically by deletion of Exception no.4 of Schedule B-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 major 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 Indemniry 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 disclosing that a mineral estate has been severed from the surtace estate, in Schedule B-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 of insurance, and civil damages.Any insurance company or agent of an insurance company who knowingly provides talse, 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. � f�irst Arr�ericac�Title`� �,��;.„t� Privacy Information We are Committed[o 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 unders[and 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[o know how we will utilize the personal information you provide to us.Therefore,[ogether with our subsidiaries 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 ob[ained from a public record or from another person or entiry. First American has also adopted broader guidelines that govern our use of personal information regardless of i[s source. Firs[ American calls[hese guidelines its Fair Information Values. Types of Information Depending upon which of our services you are utilizing,[he rypes 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 transactlons with us,our affiliated companies,or o[hers,and • Information we receive fiom a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and no[for the benefit of any non affilia[ed party.Therefore,we will not release your information to non aifiliated parties except:(1)as necessary for us ro provide the product or service you have reques[ed to us;or(2)as permitted by law.We may,however,srore such information indefinitely,induding[he period after which any customer relationship has ceased. Such information may be used for any intemal purpose,such as quality control efforts or customer analysis. We may also provide all of[he types of nonpublic personal informa[ion listed above ro 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[he information we collect,as described above,to companies that perform marketing services on our behalt,on behalf of our affiliated companies,or to o[her financial institulions with whom we or our affiliated companies have join[marketing agreements. Former Customers Even if you are no longer our customer,our Privacy Policy will continue to apply to you. Confidentialiry and Security We will use our bes[efforts to ensure[hat no unauthorized parties have access to any of your information. We res[rict access to nonpublic personal infamation a6out you to those individuals and entities who need to know Ihat information to provide products or services ro you. We will use our best efforts to Irain and oversee our employees and agents to ensure[hat your information will be handled responsi6ly and in accordance with this Privacy Policy and Firs[American's Fair Informa[ion values. We currently main[ain physical,elec[ronic,and procedural safeguards Ihat comply with referral regulations to guard your nonpublic personal informa[ion. Information Obtained Through Our Web Site � FirstAmerican Financial CorporaDOn is sensitive to privacy issues on[he Internet We believe it is important you know how we treat the information abou[you we receive on the Internet.In general,you can visit First American or its affilia[es'Web sites o the World Wide Web without telling us how you are or revealing any information about yourself.Our Web servers collect the domain names,not the e- mail addresses,of visitors.This information is aggrega[ed ro measure the number of visits,average[ime spent on the side,pages viewed and similar information.First American uses[his information to measure the use of our side and to develop ideas to improve the content of our site.There are[imes,however,when we may need information from you,such as your name and email address.When informa[ion is needed,we will use our best eiforts to le[you know at the time of collection how we will use the person intormation.Usually,the personal information we collect is used only by us ro respond[o your inquiry,process and order or allow you to access specific accounUprofile information.If you choose to share any personal informa[ion with us,we sill only use it in accordance with the policies outlined above. Business Relationships First American Financial Corporalion's site and its affiliates'sites may contain links[o other Weh sites.While we Vy to link only ro sites[hat share our high standards and respect for piivacy,we are not responsible for the con[ent or the privacy practices employed by other si[es. Cookies Some of First American's Web sites may make use of"cookie"technology[o measure site ac[ivity and to customize information to your personal tastes.A cookie is an element of data that a Web site can Send to yoUl 6rowsef,Which may then store the cookie on your hazd drive.FirstAm.com uses s[ored cookies.The goal of this technology is to 6etter serve you when visiting our site,save you time when you are here and to provide you with a more meaningful and productive We6 site experience. Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses.We only oHer products and services that assure a favorable balance between consumer benefits and consumer privacy. Pu61ic Record We believe tha[an open public record creates significant value for sociery,enhances consumer choice and creates consumer opportuniry.We actively support an open public record and emphasize its importance and contribution to our economy. Use We believe we should behave responsibly when we use informaUOn about a consumer in our business.We will obey[he laws governing he collection,use and dissemination ot data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect,use and dissemina[e.Where possi6le,we will take reasonable steps to correct inaccurate information.When, as with the public record,we cannot correct inaccurate information,we will take all reasonable steps to assist consumers in indentitying Ihe source of[he erroneous data so that the consumer can secure the required correcbons. Education We endeavor to educate Ihe uses of our products and services,our employees and o[hers in our industry about the importance of consumer privacy.We will instruc[our employees on our fair information values and on the responsible collection and use of data.We will encourage others in our industry to collect and use information in a responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, L�'�"I�� T�� LAND TITLE GUARANTEE COMPANY-GRAND JUNCTION, °'°~';```:'"'```"`' LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY ��''"' '"��` LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information securiry 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 confidentialiry and securiry 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 access securiry 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. � + ' Commitment for Title Insurance �� `��f�� ISSUED BY �>,. .«r First American Title Insurance Company FIRST AMERICAN TITLE INSURANCE COMPANY,a Nebraska corporation("Company"),for a valuable consideration,commits to issue i[s 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 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 inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six(6)months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs,provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF,FirstAmerican Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. CONDITIONS 1. The term mortgage,when used herein,shall include deed of trust,trust deed,or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect,lien,encumbrance,adverse claim or the matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof,and shall fail to disclose such knowledge to the Company in writing,the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company,or if the Company otherwise acquires actual knowledge of any such defect,lien encumbrance,adverse claim or other matter,the Company at its option may amend Schedule B of this Commitment accordingly,but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liabiliry 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 Schedule B,or(c)to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed[he amoun[stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of The mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is$2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.al[a.org Issued by: First American Title Insurance Company Land Title Guarantee Company 3033 East FirstAvenue Suite 600 f/' Denver,Colorado 80206 �G�"�O`^' 303-321-1880 �'^"' �` / � 7 '7 Dennis J Gflmore AMER]CAN T / LAND TITLE � �4�L� /�� 1��/ �� ASSOCIA'iION John E.Freyer � i�'L4�ft�ts'"J��i , President Authorized Officer or Agent Jeffrey 5.FiL�bir,sc�n: ,� Sacretary