HomeMy WebLinkAboutDRB080386TOM _
x';7@4 UNITY DEVELOPMENT
Des gin review Board
ACTION FORD
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657'
tel: 970.479.2139 fax: 970.479.2452
web: www.vailgov.com
Project Name: VAIL MORTGAGE TRUST
Project Description:
DECK ADDITION
Participants:
OWNER VAIL MORTGAGE TRUST 08/25/2008
12222 MERIT DR 1660
DALLAS
TX 75251
APPLICANT GPSL ARCHITECTS 08/25/2008
SCOTT LINDALL
1000 S FRONTAGE RD W SUITE 102
VAIL
CO 81657
Project Address: 1191 HORNSILVER CR VAIL
Legal Description: Lot: 3 Block: 2 Subdivision: VAIL VALLEY
Parcel Number: 2101 - 092 - 0200 -2
Comments: SEE CONDITIONS
DRB Number: DRB080386
Location:
BOARD /STAFF ACTION
Motion By: DUBOIS Action: APPROVED
Second By: GILLETTE
Vote: 4 -0 -0 Date of Approval: 09/22/2008
Conditions:
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and /or the appropriate review committee(s).
Cond: 0
(PLAN): DRB approval does not constitute a permit for building. Please consult with
Town of Vail Building personnel prior to construction activities.
Cond: 201
(PLAN): DRB approval shall not become valid for 20 days following the date of
approval, pursuant to the Vail Town Code, Chapter 12 -3 -3: APPEALS.
Cond:202
(PLAN): Approval of this project shall lapse and become void one (1) year following
the date of final approval, unless a building permit is issued and construction is
commenced and is diligently pursued toward completion.
Cond: CON0010332
1. The applicant shall replace any trees that are damaged or killed by construction
within one year with a minimum of the same quantity of trees that are equal or
greater in height to the original trees.
Planner: RACHEL FRIEDE DRB Fee Paid: $20.00
Rug 21 2008 1:52PM RCIG
972 - 687 -0626 P.1
Oenerll
This app
Feet;.
D�sa;iptipn `q
A"46' d
Application for Design Review
Minor Exterior Alteration'
Is : 'required For all proposals involving minor changes to buildings and sips im
w(ndoinr additions, landscap {ng; fenies, retaining walls; etc; ..Appikable Vail Town Code sections can be
:at :valloo4:com under Vail rnformatiori `-= To!"m ;Code. On =line. ,All. prtijecls; requiring design review
proval 'p "rlor to submitting a bq. ng, permit application An;'appiicatiori for Design Review cannot be
I`bquired inlb?mafbn is. received bvlh� .Community Development Department,,as`outUried in tFie submittal
memo ietiy approval expires one year fron th ate. of , i, unless a Building perms is issued and
Mulct= FaitiilyjCoriimereial
91416 IA . III . POP*
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AUG -22 -2008 12:41 CHASE PVT BANK HOUSTON 713 2160398 P.01
D i pn
American Land Title Association
LOAN POLICY i
(06- 17 -06) AUG 2 5 2006
TITLE INSURANCE CO PANY
CHICAGO �1� ANY NOTICE OF CLAIM AND ANY OTHER NOTICE OR STATEMENT IN V1R111NG REQUIRED TO BE GIVEN TO THE COMPANY UNDER Th13 POLIC MUST �BDl�lp 14 O6WYL& I I s
AT THE ADDRESS S"N IN SECTION 17 Of THE CONDITIONS.
COVERED RISXS
SUBJECT 10 THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE 8 AND THE CONOIT10N8, CHICAGO TITLE INSURANCE
COMPANY, a Missouri wrparatron kk'CDWP"") trewek as of Cat of Pofcy and. to the extort stated it Covered Risks 17.14 and 14, after Date of Poky. against loss
or damage not excedng time Arneunt Of lnsurarm sostaised or incurred by the Insured by reason of
T. Title bang ranted other than as stated io SdoWn A.
2. Any detect n or inn or w= bruace on the title This nvomud Frak kftdes but is not Gaited to insurance against foss tam
W A dobct in the Tide ceased by
rd forgery, fraud, endue inflaerwt; dwess, iueOn19810M. iaapadtY. w b"Oesonatim
M failure of my paw or Entity to have oulhe&W s transfer or cmvtlarce
OM a documamit affecting Tmtle net prepaly Created. esesuted, samessed SOK ocknowtedged, notarized w ddirered:
rnl lab" to Warm those acts aesasary to aeau a docuasett by dectrook roans autlariaW by law:
fv) a doc a a nt executed under a faWSA expired. w othemiss invalid power of ertarW.
tell a dotierent not properly tied, reorder, or Wend in the Polak RWOrds wdudag IWWO to peterm those acts by datronk cacaos outbomed by lawn w
tai 1 defectfwjudlieid or administrative proca ft
ibl The far, of red estate tans or aueasmente i vexed on the Tdb by a govemnrsrta( outherity due or payable. but aapeid.
W Any oncrowltmeat. encudbraom malodor, verbGoe, or adverse cir umo ace affecting O*TWe that would be disclosed by an actmate and ampbte bed suvrw of the
Land. The lwm'w uaaObmr Wilda: ere11000h"0111 Of esistkq WVOvenelts located on the land onto adpW q tad. lad aneroach rents auto the Land of existing
imprem matsloatedasadpiinglad.
a Mu urkot"Title.
4. NO right of moos to and km the Laird rohibiting, w mbt to
S. Tba vbbtfwt w eforcmnatl of any law, w&MM pewit, w jul"centah regulative Gndudig those relating to balding and xontiO0 restricting, ra{�� 11 rail
(a)Onocwp wy.usewenjoymadoftheLad:
1b) the dnaacta. d'imarsons, or location of any iquoienrrt erected our drc Land:
(c) the subdivision of lark or
(d) Mkoorrostal protection
it a notice, describing am wn of the Land, is recorded in the Public Records setting forth the violation or lateotien In eafarce, but only to the extent of the violation w
eetommeat referred to in flat notice.
S. An enlowement action based on the exaase of a goarramartal poke power not sawed by Covered Risk 5 if a notice of the enfotwnad actiom dentitiiq any fan Of the
Land, is recorded in the Pobfc Records but only to the extol Of the enfan.emw retuned to in that notice.
7. The exercise of the debts of anted domain if a rota of the aercisL dexMing any pat of the Lad, is recorded in the Pabk Hazards.
& Arty takfag by a govamrtetntol body that 1135 ocramod and is bildae on the rights of a purchaser for ealn without Knowledge.
9. The invalidity or unenforceabiity of the Tim of the Insured Mortpoe upon the Tnffe. Tltis Covered Rtk includes but is net Wad to iosurarwl against bu from any of the
foloaruq knoring the fen of the insured Mwtgopa
I&) forgery, fraud, undue inRwwa. duress, kwoa00110q, k=ill eitf, Of W110m1e110M
(Irl failure of nay person of Er" to horn aeon" a transfer or coffm ilm
(d the kxmrsd Mortgage of being pogedy crated, o minted, viftessal. 30111111. WADgwkdged, mudded. or delivered:
(dl failure to peform than acts necessary to create a doaamd by elatrolie now aolhwited by law,
fd a doamerd executed under a W44 expied, or Otheevrisl invalid power of attorney:
of a document rot properly filed, recorded, or k nW in the PAk Records nclodiq loiur0 to perform those sets by dectrsnie mm aetferu0d by law err
(p) a defective judicial at administrative proaefvty
10. Ybe lack o1 pdofdy of the im of the bisrrad It or" beano the TWO ova miry other fan or erwurobr nce.
1 T. The lack of pdedW of the im of the bassi Motgage soon the Tide
W as security for each and awry advance of fm weds of the loan seared by the tan xed Mwtgepe ova airy subtery five for series, blew. or material coking
from constvacliar of se bpeownwt or vwvk 1 1 ad to the land who the iwprovearsit or wok is eater
fi sodrsctod for or commenced our or before Date of PaLl: or
W contracted 1w, commenced. orcwdvjed after Bali Of Poky D the contraction Is Timced, in whole or in pat, by pmad= of the ban secured by the
Insured Mortgage slat the insured hot advanced a is otdigvud our Date of Poky 10 aureate: and
IN over the Ikn of arty "Nummu for street to provm+mts wrier mrstnwtion or- ;I, d of ovto of Poky.
12. The imraldity Or onenforce"ty of any aslo ent of the Insured MotgpR povded the u»g•rmeat is shovra in Schodu o A. at the Were of the assiprartemt sheave in
Sclmeduk A to vest &w to the Insured Almigage W the named Insured assignee free and clear of $1 fen
CHICAGO TITLE INSURANCE COMPANY
Lssixd throogb the Office of:
LAND TITLE GUARANTEE COMPANY
IOS S FRONTAGE RO W IM
VAIL CO 91657
97047 6-2251
Authorized Signature SEAL /J
* * *
AL.CM.Oa (ALTA M1746) Corer Pores 1616
AUG -22 -2008 12:41 CHASE PVT BANK HOUSTON 713 216 0390 P.02
13. Tire if"Wy, %aWdareeablity, leck of priodty, or arddena of lbe lien of the kmW Mestgage taperer lire Ttk
(a) reso" from the awWaaa In wholeerin pert, a from a wan Order Wdng a. allanati.e remedy. of any transfer of ss of any part of rb tithe to or eras Interest In the
Land oaurring priel m Nye iwnsulioa autirr8 the loaf the k wW Mortgage bew that prior transfer cotntihded a iradndant or preferentrel transfer under faderal
bar"ptcy. sate irnolwacy, or *du aedton' rights laws: OF
lb) batrouso the Insured Mortgage constituta a proldmiW bulsfw ander fadxal baakr*cy, sate insolvency, or similar aedhlas' rights laws by reason of the failure or
its retarding In the fUbk Raords
lil to be tardy ar
(a to krw nett of its @Ada tea to a phrchaae for Value of to a judgment or lien C"IOr.
14. Ain defect In or fen or ancambrmce an the ft Or oft matter ircirded is Covered Fab 1 through 13 that bas been created err attached 0 has been filed err raided is ilea
Polak Records ubsequent to Date of Poky and prior to the reeerdino of the Insured longue in ale fUbk Recerds.
The Company wit also pay *0 costs, attomeys' fee, and expmsa incurmd is defuse of any matte bored against by this Poky, hot only to the extent Weed in the Conditions.
EXCLUSIONS FROM COVERAGE
The following maters are expressiy excluded from dye CoVerage of tkis polity, and the Company will net pay less or damage, costs. atlemays' f am or expanse that
urin by sosson of:
1. (af Any law. OnI ance, pewit, OF governmental regulation krcludill tlau mb ft to buAdag and mr W nstried% regubt4 probibitirrg or rda&g to
of the amooncy. use, Of eryoymenl of the lend:
(Q the character, danensions. or bastion of any intpravaanl owed an the hound:
{w) the sulufmidon of land; of
oar) emrimnhntal prolediorc
or tae effect of awry *blbn of these laws, otdrarmeea, or g"Umrwhtal regmladaa. This EKlosion 1(al does amt modify or Grit the average provided under
Covered smirk S.
M Any gmermwW poke pohra. lfis Eubsion )6) does not modify or serif the coverage provided ender Covered Ifsk S.
2. ffiphta of err, domain.11is Exclaim doer not Frailly of foil the con" provided order Covered Rids 7 or fL
3. fkt acts, fats, errcombroo a, adrase claim. OF odwr matter;
(II created, tittered, aswanad, at agreed to by the bored Claimant
tit not Kneen to the Corrpny. net recorded it the Pubic ftaords at Date of Policy. bat Krwwn to the bored allirrwrrt and not dadesed in writing to the
Company by the bsund Clai ent puler to the data the Insured Colleen t became a Insured seder mils poky:
(c) rosulhng in 20 lass Of 60=9010 the bored Cbehnat;
Id) attaching or created went to Date of tbky (homm, this does mot rowel f or limit the cnerne provided under Covand Risk 11,13 or 14x of
(el retiddmg in hose of damage that axvuW net here been sustained R the Insured 0akaant had paid vale lot the leaned bMRpepe.
4. Unenfmrcr»bilty of the line of the Insured Mortgage bwaue of On inability or fadme of an bored to comply wAM applicable daing-bansin0I haws of the sate wheys the
Und is siowted.
5. Invalidity or unmforcubnsrty it whole or In pad of the ran Of the bored MOngage that asses art of the transaction erWmced by the Insured Mortgage am! is based open
On" OF any consumer credit proteaiom a tMilk4won aag law.
8. Any claim, by rearm of the operation of federal baskraptey, state b ohraacy. at aimder ctednurs' ripens lam that ale tnoseedon crating the ides of the hared
Mortgage, is
(a) a l"adndest M1.81 am of fraudulent transfer, or
(b) a ptetddnial tenser for eery most not stated in Covered flak 13le) of this pricy.
7. Any fah on the Tide far and 01111 taxes of usmwats bmpard by govamaemal aothaity and created OF attaching ktween Date of Policy and the d its of acordaho of
the Insured Mortgage im the We flocords_ This Excdusicia de as not modify or limit the ce Tinge provided under Covered Risk 1 ilbL
CONDITIONS
DEFINITION OF TERMS
The lellewip terms who uned IF this policy mom
W `Amoom at bhsummill The amount stud in Sft&k A. as may be k ased or de reosed by ndersa aril to tbb poky, boossd by Setae 81b) or
decreased by Section 10 of these Cmd6ons
b) *Da of Poky`. The dam designated as Mate of Pricy' in Schedvde A.
fo "Entity° A cerpoatcon, partaadip, tram fund ld ft eompmy. or order similar legal amity.
N lndebtdawss': The ebligation eandd by tlw frntirrd Mortgage including one evidenced by dectronie anon unhorired by law. and it that obligation is
The payment of a debt. the Indebtedness is the sum of
fed the mom of the principal disbursed a of 00 of Policy.
(1) the amount of the pmdpal disbursed tiuliseqtent a Date of Poky:
pi) the constmdon ban odeanras made subsopent to Doe of Policy for tea perpese ef financing In whole or it port the coWroesiat of an iapraraant to
the lad err rulated to tea land that the insure was and carh6wed to be obfpetd to advance at Date of Policy ad at the date of the advancer
firs intact on the loan:
(vt the prepayment premiums, exit fees, and other slrsbt fee of penahin allowed by law.
(v8 the expense of foreclosure and any other costs of mfeeewor
(w} the ~a adven ced to assure compliance with Tows or to protect the lien or the privity of the then of the Insured Mortgage befall the se"Wtion
of the estate or interest in the Tats=
tQ the amtots to pay apes ad insuraam and
Oil the renou" amoahts expended to prerat deterioration of i purnments, but the Indebtedness is rodaad by the total of all payments and by any
arr"t fOtgirat by M, , I I
(eh "Insemd`. The Insured named in Schedule A.
A1_Cl4jW2 Cove Pap 2 of 6
AU6-22 -2008 12:41 CHRSE PUT BANK HOUSTON 713 216 0398 P.03
W The term'hnmd' also i ckndes
fW the owner of tiro indebtedness and eadn eipmesta in ew et%bip el the Miebtedans whether the omits err successor owns the hrdebtedness
for its awn asceunt of as a trestee of other fiduciary. acq" a successes who is an Chip under the provisoes of SNOW h zcl of
mm Conditions:
16) the persona Entity who lies "conW of the'uatlemble retard,' if the Wilitedness is evidenced by a "lmosfa ft record.' as those lams ere
Wood by applicable "to* transactions law:
(C) successors to an hwneed by dsminUnL molpa, consaidation, distribution, or reoryanirafion:
(D) successors to w Insured by its cmvmdm to satlw kind Of Entry:
EI a grema of an Insured under a deed h1weW without paydw of acted vaktrfde consideration caweft the Title
(1I it the stock shares, momborshipa, or other equity interests of the Mantes ore whdly awned by the awned Insured,
13 R the grantee wlpb owns the exing; W N44 of
(3iit the grantee is wholly-owned by an aftSated Entity of the owned ksuree provided the affiliated Entity and the arnd krswd are
bath wholly-owned by the son person or Entity:
IF) it" poverrwnm apeacy or istouaeatafity that is a inswrer or gimmotor under an insurance contract or p iMly iewrirq a puaraateeirp the
Indebtedness weaned by the hsteed Morgage, ex, any pat of it, whether named as an Manned ornoC
W Vlwh repaid to (At, (BL ICL A end IE) m wft bowner sl Nhis and defenses es to any successor that the Csgmy wOWd hove had against
sry feedeauor Insured, gayest the successor acquired the hdebledness as a pardresa forval a without Knowledge of the Merged defect, 1500,
er+arnbreaco, or ashes mates Woretl apaist by this policy.
ff) " Issued D*mnt % An lamed claiming lets err dame .
(It -k=W Mertgepe" The Merlitefe daaibed is parepnapb 4 M Schedule A.
(h1'Knowledpe' or'Knwn' Act ai knwwlydpb not amlroc s i nowledpe or notice that may be initiated to an Instant! by teams of the POW Raaahl OF say
mbar records OnkW corstrued+e Notice of motareaffectiap if* TWO.
(d 1nd`. The hand described in Schedohe A. add alfsad inproneumts hat by law wnatihga cal property. The tarn "Land' dens at nclede any p lime y beyond
the Ides W the are described In Schadule A, nor say right. tick bluest, lest, ettalo, or easw" in abuttbq streeu, reads, ayapa, AM trees, ways,
or waterways but this does net oed'dy err fat the v em tfet a right el meog to red from the land is We ad by his pow.
$'Morlpalla :1111"ape, deed of vusL rose dad or ether security itstro n id, kckdn one evidenced by deetiordc mans eethodzed bylaw.
f1d 7ahk RacsrWl Records established understate statutes as Baia of Policy ter the purpose of in*arsinp aestrenfw wOCcc of mettm rdatiap b red property
to puretasen for wrlw ad waboot Knowldge. TRth respect to Covered Frisk 5(d), "Public Renrde'shell also +chide envkoamental pratlectiM pens
Rind it the records of the dark of The UmYd Stain 7rsWd Court for the Sacrist where the Lwd is located.
O'Tdle': The estate s interest desapred in Schedule A.
1m1'Ursaraaable Title: Title effected by an afepd a apparent mutts that world pomdi a pOSpectivs purchaser or Iona of the Title or leader on the Tito a a
prespeetin purchmer of the krnrrd Mstgape to be relensd Iromthe obkpation to purchase lease or tread it there ls s eenuxtwl wridilbn requitop tea defwertt
of marketable title.
Z CONTINUATION OF INSURANCE
The awerses of skis policy shelf continua in farce as of Date of Paky is favor at in Instead after ntapsitioa of rho Title by in Insured or after eomreyaaca by an Insured.
but Only an long as tie hinted regain an acute or i hang in the lard, or holds w obfplian wand by a perdue Taney Mortgage given by a purchased from the
btnitd, or ntdy so IM es the issued std brreiab3ty by waswe of waneades in any xnsfor a eameyane of the Thin This policy shall not conlit0e im fop in
favor of say pardader from the Insured of briar lib as estate or interest in the tand or W an obligation sKwW by a puicbese nosy Mogape plied to the insured.
3. NOTICE OF CLAIM TO BE GIVER BY INSURED CLAIMANT
The Insured shall notify rib Company promptly, in standees If it Cam of any Nplian a set to* In Satin 51al of these COOOO es, 0 is use Knowledge shall wee to
an Inmrel N any claim of title a interest that is adreree to the Tale err the least the bush Itlontgape, is instead. ad that nand arse bas a damage for which the
Campaay may be liable by virtue of this Fkv. a 0 if the Tittle or the par of the Insured Modpape. as inchedp is rc del as Ihnreirketable Title. if the Corapasy is
prdrydieed by the fapere of the lashed Claimant to provide pronto notice. the Comp oy's lability to the Weaned Clanrm ands the popsy sbee be reduced to the
extent of the prejudim
4, PROOF OF LOSS
in the want the con"" is on" to detemioe live aim ant of lass a da nap. the Camps" nay. at its COOK require as a condition of psymed that the Iswrail
gannet farnisln a dyeod proof of toss Tiro comet of loss apse deserbe tha ddect, pea esttatbaee, a orbs matter nsnwed apahst ley this policy that toasilstes the
hash of toss a da ope sad shall stets, to the extent possible. the We of cdodatnp de amount of the Ins of damge.
5. DEFENSE AND PROSECUTION OF ACTIONS
(al 1ped written mWw by the Inward, web subject to the Clothing; coettand'w Section 7 of these Conditions, the Co"woy. at its Owes pat and witbotd
orueasonabb defer, shat provide fa the defense of w bread in ti0petiea iw whidr any thkd party esseres a than covered by this potty edeass io the
Insured. That ab15pafkm is pndted is only rim stated ceuaes of action alleging natters insured apaist by this poker. The Confer y shall have the tight to
selod counsd at its deice bu*a to the sight of the Insured to object for maswable co sd to mpusat the Insured as to these stated tourer of action.
11 shat not he iahle for and will not pay the ties of wy other coasd The Cumm will not pay any Ism costs, of expenses incurred by the Issued in the
defense of time tomes of action that shoe wttem not inured epairm by this poky.
W The Company shelf have the A*, in sdddion to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute arty actin or
proceeding a to do rosy Other act that in its opnton way be necessary or desireAla to establish the Trek x rho ten of the instead Mongolia. as insured a
to prevent at milm lass or damge to the Ingninei The Company dry take any appropriate ectiom wrier the tams of this policy. whether or not is ship be liable
to the kissed. The undo of these rights shelf not be an admission of lath ft or waiver of coq provision of rice poky. if the Company eserdses its rights
under this subsection, it art to do diigently.
(cl Whi never the Cowpony bilop an action or asserts a defense as mooked o pemitid by this policy, the Conpny may pursue the migattoe to a tinal
deteminatia by a wwt of competwt jurisdiction. ash it expressly tames the right, in its sole disaedo0. to appal any edserse ludgmdn or order.
ALCH1.00 Cover Pape 3 of 5
AUG -22 -2008 12:41 CHASE PUT BANK HOUSTON 713 216 0398 P.04
b. DUTY OF INSURED CLAIMANT TO COOPERATE
W In so eases wbote flat polity pemits a mow the Company to pro me at provide for die defense of any action or procealiq and any appeals, the Insured
shat secure to the Compay *a rW to so prosecute a provide defavin in the attic w premi q, k dufq the dpht to use, at is option, the same of the
Insured for this purpose. Wheirm requested by of Company, the Insured. at The CompanyY expense, shat p)m the Company d reasaw" aid Q rt
sawing ovilence, obtaimbmp witmua preuculing a dehndeq the action or prec adaq, or affeetinl 111do ant, end fall bin any otter lawful act that in the
opinion of the Company may be nKc=ry or desirable to estefrish Me rtdlt the lien of the in" MW4W or eery other letter as iitweL If the Company is
prejrtfeed by the failure of the Instued to furnish the aspired cooperation, the Company's shipations to the k mad under tin party shall torn eate. hocbrdinl
any Wry or oblpation to defend, prosecute. OF Contime Say ideation, wdh retard to the mattx a carters te9*4 sucle cooperation.
bI The Company may reasrublI mqW a the Ywed Cloinwt to submit to acarmnlstioo sedan oath by any subedited representative of the Corapaay and to
produce for exin inatioa, hmspectmn, and spying, at such romoo to times ad places as my be des*Wld by the authorized represfJmtstire of Ike Compay .
al records, lie whatever sign mdst*4 wda ft booth ledgers, chocks. memoranda, mutrrespondemm mpots, rmft ticks. tapes Snd triderrs whether
boarirp a data before or Sher Wool Poky. that masonaby pert& to the Mss a danoge. further. D regoestd by airy authorized repm adative of the
Company, the Mead C *nW Sbd grant its paeftSkM be wd ft far any aMNWMd npesmtatiw of the Company to Maim inspect and copy al of
these mords in the custody at control of a third patty that umsona ly pertain to the loss or danrpo. Al intonation de*oted as Confidential by Its kovmd
Claimant provided to the Company lament to dtie Seetiam slat not be disclosed to others unless, in the reasonable judgment of de Company, it is accessary in
the adtanatratisn of the titian. Felure of the Irtwmd 0mima it to submit for eaemination Oder oath, produce soy reasonably requested information. or Irmo
damn WM is Sane masmabh sms;cesW114111 OR from thud PKCM as MOW ttu Subsettien, odds pmhaltil d h law or govemmsmW mpubtioa,
sbd terminate say bbity of tie Canpaay Order this poicy n to that dabs
7. OPTIONS TO PAT OR OTHERWISE SETTLE CLAIMS. TERMINATION OF LIABILITY
In case of a China ads this policy. Ike Coopcny shad have the following StlO&W optient
W To Pay or Tamar Peyomd of the Amount of hsora ft or to Podtase the bdelitdem
tai To pay Sr tads payment of the Ammtmt of katrmxeunder this poky topether with am Costs, attemeW fem and apartsed incurred by the
Insured Claimant that were enWwW by the Company, up to the time of payment or leader of payment and that the Company, is obbled to pay; or
W To proms Iho Indebtedness for the amount of 1M bsdabledness on the data of puichim togtahar with soy costs, tltoff eW fees, and apeoses
incurred by the broad Clammy that were eutho&W by the Coapaty rap to the time of padase Said that He Company is obloted to pay.
Wban the Corneae► puicfrux the loddbtedoem pre lased slid trawler. assipa, and Convey to the Ceapmy, the Indebtedness and the knoted
Mongepo, together with tin collateral axurrityy.
Upon the emcedm by the Carrpaay of either of tha options providd lea In subsecdoms WQ a GL d bbkl and cbipetens of the Cormpony to the Insured
under this potty. aft ten to mobs the payment repird in thaso snbatima slat lemieste& itrebdiag a" laity or obiption to deferd. prosets M of
eontine any 61011160.
(b) To Pay or Ihberwae Settle M6th Parties Other TMo de leswed m With thin based Vament
li to pay or stlowist settle with other parties form in the namea of an boned 12ai ant any Clam irporoi apsiost under this policy. b addition, the
Company will pay any cost% ettoneys' fem and expenses kinvivd by the ksured Claimant that were moll ' 'zed by the Company mmp to the time of
payment and that the Company is obipatd to par, a
W to pay or otherwise setae wkb the btsurd Claimant the loss or damapa /resided for under this policy. together with any Cast, atlerneys' fns, and
Sepeases inward by de Inured Cbbrant that were Suthorized by the Company rapt 1M fire of payment and that like Cnnpany is obioatd to pay.
Upon tM eserese of the Company of ddta of do options provided for in sabsecrioes blii or lid, the ConpoWs obfipations to the btsurd under tbs
poky far the defined lass a charge other Moo thin payments mpmd to be wade slid tmrinsta. WAiding any IaWy or obliptsm t defend, prosecute. or
coatime any itgation.
S. DETERMINATION AND EXTENT OF LIABILITY
This potty is a Contract of indwaity agaim scowl monetary Inns a darage sastsimed a worm by rte Issued CMi ant who has setferd loss or dw qe by
rasom of inters insured opaimt by this policy.
Who anamt of iabity, of de Comperry for loss o damp mad& tbis policy shat oot lxCeed the kart of
Id the Amount of Insurance,
(a the h*bte d2m
W the difference betwese the value of the Tithe ae insured and the vabe of the Tide subject to de rat b s wed spaiost by this polity. or
IN) if a pammnent agency or imlaamentality is on binned (2awsnl, the ansult d pail in the ecqu6itioo of the Tide or the k wed Monpape in satisfaction of
Its Insurance Commit: or ou reoty.
(W If the Company pursue it debts ender Section 5 of thoe Coodkions end is us fail in estabfshb f tee title or the lien of the hswed mortgalc as wwreQ
0 the Amount of Insurance shall be increased by 10% and
fin. the Insured Claimnt AS Bove the right to here the less or damps determined either as of the date the Claim was made by the hswd C2aimartt
or Ss of the date it is settled and paid.
W In the event the Insured has aequirad the Title in tha manner descried in Sectioa 2 of these Conditions Or has conveyed the TIk than the extent of
Wilily of the Company ofd coofm as set forth in Satan $41 of these Coadit e"L
Win eddtion to t e extent of iolift ender biL bL and (ct the Cenrpaay tali arise goy those costs attoneys' lac cad expenses irerrrred w accordarnce vritb
Sections 5 and 7 of these Cendrtiomt
9. LIMITATION OF LIABILITY
AI If 1M Company Sstabisiet the Tine a rerrevcs the Cooped dafeet, ten, a enaurduana, a area tM loch eta dIM of access tow from tM Land, or cures the CNbn of
Uvivoinab(e Titre or establishes the lien of the Insured Moripp, all as imaaQ. in a reasonably ditent manner by my mahA ktiodinl Mpati n and the aompMbm
of any appeals. It steal have tuly pertmned Its obiptiom witb mpct to that matte Sid shal not be liable for any loss or do" caused to the tamed.
b) In the awnt of any itipatim, wdudmo Upatiom by the Company or with the Corday': cement, the Company shag have no Osbiityr for toss or damepo Coil therm
has been a final detsrmtatian by a court of tmrpettnt judsoetion. and dispaitiam of all sppeals, adverse to the To a to the tart of the Insured Mortgage, ss insured
tell The Company shat not be liable for loss or demon to the Insured for Willy vobmtanly awned by the Insured in Settling any claim or suit without the prior written
consaa of the Company.
ALCI4.00A Cover Pago 4 of 5
AUG -22 -2008 12:41 CHASE PVT BANK HOUSTON 713 216 0398 P.05
10. REDUCTION OF INSURANCE, REDUCTION OR TERMINATION OF LIABILITY
(a) AN paym!nts under this policy, except payments made for costs, attomeys' Iees, and expenses, the reduce the Amount of hnerence by the amount of the paymem.
However, eery payments mode prior to the ocgeWwo of Title as provided 'w Section 2 of these Conditions shell not reduce the Amount o I Insurance afforded
under this policy except to the extent that the payments reduce the Indebtedtuss.
lb) The voluntary satisfaction or release of the Insured 111109W shelf terminate all liability of the Company except as provided in Set* 2 of these Conditions.
11. PAYMENT OF LOSS
When liability sad the amen of loss or dompe love been di t hely road in accordance with t hest Co#d'ift% the payment shalt be made wkW 30 doys.
12. RIGHTS OF RECOVERY UPON PAYMENT 09 SETTLEMENT
(a)The Company's flight to Recover
Whmevcr the Company sblf have settled and paid a claim under this polo y. it slel to suingred end added to the rights of the bored Claimant in the Title or' , i P,
Mortgap and d other 4* sod roadies is respect to the clan slat the louvred M mmtat has igabst my perm Of popery. to the extern of the amount of my lass. costs,
attonays' few and expenses paid by the Coop". If requested by the Company. the Insured Cloineat shell execute dotxarems to eWdeon the uonNer to the Company of
these doff and ronedia. The boned Clamant shelf pan* the Company to sue, compromise. or mettle is On name of the hoped Clainem and to on the am of the bored
Clamnamt in my trasactnm a 1*00 involving these rights ad remedies
It a payment a account of a eddo does not My carer the loss of die Insured Claimant, the Company shall defer the exercise of its dO to receive ami after the insured
Claimant shag hove received its loss.
lhl The lesonfs Rights and L'eaitetlens
() The ovow of the bdebtednest may release or substitute the pessmal liability of any debtor of gumnoW emend or otherwise notify the tams of payment. rciessel a
portion of the Title bow the tin of On hsaed Mwppa9e, or release may cdaind seotlrity fw the bedobtednas,14 does not offer the enforceability or priority of the
lien at des hwrtad Mortgage.
rxi 1f the l - accrues a right povided In I& but has Knowledge of arty alai n edserse to the Tide a the ion of the hawed Mortgage insured egahot by this peicT.
the Company sing eta regrired to pay only that portal my losses ensued agiaal by this policy dot shot excel the omewq, if any, lost to the Company by reason of the impahment
by the Instead Claimant of the Coagay's 0* of subnfletion.
Ic) The Cmparq's Iva Appiest Ill ihswd abfgas
The Cm""*$ right of smrbtwd m includes the Iamred's dihU apaiest nm4mmill ohigoss iscli ft the debts all the Insured to indemnities. goaranoes,
other paiCies of insurance, or bonds, notvdtbstandin my terns or caedaimo coat" it doe iesannems the address subrogation rights.
The Company's right of subroptioon shall not be #raided by aaguoitim of the Insured *ngaga by an Miles lorew an obipor described in Section IM 91 of dose Conditiensl
who acquires the Insisted Mongippa as a result of an Indemnity. gg#tantee. mho policy of insuamn. of bond. and the obipor will apt be an Insured under dins poky.
13. ARBITRATION
Emir the Company or the Insured may demand that the claim a cootrorosy slid k submitted to arbittation perwat to the Titla boauance AlWation Rules of the
Americo Land Title Association PRWn'1. Except as provided in the Rules. lien slid be no joinder or consolidation with doicn or controversies at other pwsons.
Arbitrable matters may include. bon are not in ited to any oamumsy or cheira between the Convoy and tM Insured arising ant of or rdatng to this polar. any
service in connection with its is, - F a or the breach of a policy provision, on to any othat costwo sy of claim arsig out of the usasacties givbq rise to this policy. AN
arbitrable neuters when the Amonmt of Insurance is 1L000.000 or less shy be arbitrated at the option Of either tk Company or the bored. AN arbitrable matters
when the Amount of Instance is in access of 4L00Q000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and
wider the Riles slap be bhafing upon the parties. Judgment upon the rsadered by the Arbitratods) may be entered in any court of Competent jorim5ttion.
14. LIABILITY LIMITED TO THIS POLICY: POLICY ENTIRE CONTRACT
W That poky together with all w&rseon% It any. attached to it by the Company is the entire poky and contract between the bored and the Company. b
interpreting any pmoaitia of this peiey. tins potty shit be ewatmd a: a #dale.
(b) Any claim of less w damape that aces got of the status of the Tale Or lien of the b mad Mongolia or by any action essertleg such claim shelf he restricted to this policy.
W Any aweadmaat of or endorsement to the poky #rat be in wiiliiq and aahmtiead by m adhoraed pa son, at expressly kcorporatad by $"We A of this poky.
(p W edasaromt to this policy issued at my limo is aide a pert of this potty rod is subject to all of its tamp and provisions. Eagtt as the adorsena►t
axes= steles, if dentist Greedily any of the IoeK and previslons of the p oky. q moldy my pia adooemmt este'red the oats at Posey. a fivl
increase de Amowt of Immure.
15. SEVERABILITY
In the event any provision of this twiny, in whole or is pan, is hheld imvaid of alednable ado applicable law, de poky shelf be creamed not to include that
provisim or such part held to be nvaid, but d older provisions shag mob in 1d torn end effect.
16. CHOICE OF LAW, FORUM
(a) Choice of low: The lewd acknowledges the Cowpamy has undenmittem de risks coved by slims poicy and determined tIe prteiuw che9d Iheeefor b
"lism ON the law effecting ntaols it real pro" and appkable to the intopmetatsn. 69ML remedies. a mfomeements of poWm at title nswanew of the
jurisdiction where the Lod is ]mated.
Therefore, the court or an anhdr#ta shall apply the bw of the jwisilklim where the Land is lecated to determae the validity of claim allow the Title or the hen
of the Inured Mortgage that ere adverse to the btsareil ad to interpret and enforce the terms of the pity. In neither case shag the cart an abibator apply
its conflicts at haw pnupels to determine the applic" low.
grl Choice of Forum: Any itigatimr or allies proeeodng brought by the Isared against the Corhgaay nest be filed rimy Is a stele or federal coot within Ile
United States of Anoka or its loritoria having appropriate jurisdiction.
11. NOTICES, WHERE SENT
Any notice of clean and any other notice or statement in wtkiag regoimed to be given to the Cenrvamv under ohs poky Must be giver to the Compsay aP
Chicago Tills Imurarrea Company, Altoc Claims oeportmunt, P.O. Box 415021 Jadrsonk Flodde 72232.5023.
AL.CI11.06.5 Cover Page 5 of 5
AUG -22 -2008 12:41 CHASE PVT BANK HOUSTON
Form
Chicago Policy No. 72307- 30006954
Our Order No. VTF50022506
Schedule A
Property Address: 1191 HORNSiLV ER CIRCLE VAIL CO 81657
1. Policy Date: May 15, 2008 at 5:00 P.M.
2. Name of Insured:
JPMORGAN CHASE BANK, N.A., ITS SUCCESSORS AND /OR ASSIGNS
713 216 0398 P.06
LTG Policy No. CTEJ50022506 i
Amount $940,000.00
3. The estate or interest in the Land described or referred to in this Schedule and which is covered by this policy is:
A FEE SIMPLE
4. Title to the estate or interest covered by this policy at the date hereof is vested in:
VAIL MORTGAGE TRUST
S. The mortgage, herein referred to as the insured mortgage, and the assignments thereof, if any are
described as follows:
DEED OF TRUST DATED APRIL 24, 2008, FROM VAIL MORTGAGE TRUST TO THE
PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF JPMORGAN CHASE BANK, N.A.
TO SECURE THE SUM OF 5940,000.00 RECORDED MAY 15, 2008, UNDER RECEPTION
NO. 200910173.
6. The Land referred to in this policy is described as follows:
LOT 3, BLOCK 2, VAIL VALLEY -FIRST FILING, ACCORDING TO THE RECORDED PLAT
THEREOF, COUNTY OF EAGLE, STATE OF COLORADO.
This Policy Valid only if Schedule B is attached.
Land Title Guarantee Company
Representing Chicago Title Insurance Company
AUG -22 -2008 12:41 CHASE PUT BANK HOUSTON 713 216 8398 P.O?
Form AL /CHI
Chicago Policy No. 72307- 30006954
Our Order No. VTF50022506
Schedule B - I
LTG Policy No. CTEJ50022506 f
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)
which arise by reason of:
General Exceptions:
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 of that may 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. (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.
6. ANY AND ALL TAXES AND ASSESSMENTS.
7. 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 JUNE 29, 1903, IN BOOK 48 AT
PAGE 495.
8. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNTIED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JUNE 29, 1903,
IN BOOK 48 AT PAGE 495.
9. 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 INSTRUMEti"f RECORDED APRIL 13, 1970, IN.BOOK 217 AT PAGE 406.
10. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE PLAT OF VAIL VALLEY, FIRST FILING RECORDED MAY 12, 1970 IN BOOK 217 AT
PAGE °609.
AUG -22 -2008 12:42 CHASE PVT BANK HOUSTON 713 216 0398 P.08
Form AL /CHI
Chicago Policy No. 72307- 30006954
Our Order No. VTF50022506
Schedule B - I
LTG Policy No. CTEJ50022506 I
11. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF EASEMENT RECORDED
OCTOBER 07, 1994 IN BOOK 651 AT PAGE 956.
12. TERMS, CONDITIONS AND PROVISIONS OF TYPE 11 EMPLOYEE HOUSING UNIT
RESTRICTIVE COVENANT RECORDED JULY 22, 1998 AT RECEPTION NO. 663557.
13. DEED OF TRUST DATED MARCH 12.2002, FROM VAIL MORTGAGE TRUST TO THE PUBLIC
TRUSTEE OF COUNTY FOR THE USE OF JPMORGAN CHASE BANK TO SECURE THE SUM OF
$3,300,000.00 RECORDED MARCH 15, 2002, UNDER RECEPTION NO. 789109.
LAND TITLE IS IN RECEIPT OF A SATISFACTORY IMPROVEMENT LOCATION
CERTIFICATE PREPARED BY LELAND LECHNER DATED SEPTEMBER 2I, 1998.
AUG -22 -2008 12:42 CHASE PUT BANK HOUSTON 713 216 0398 P.09
Form AL /CHI
Chicago Policy No. 72307 - 30006954
Our Order No. VTF5002M
Schedule B - II
I LTG Policy No. CTEI50022506
In addition to the matters set forth in Part I of this Schedule, the title to the estate or interest in the land
described or referred to in Schedule A is subject to the following matters, if any be shown, but the Company insures
that the lien or charge of the insured mortgage upon said estate or interest is prior to such matters.
NONE
1
PUG -22 -2008 12:42 CHASE PUT BANK HOUSTON 713 216 0398 P.10
Land Title Guarantee Company _
MMORSENMT 116 - 06
Case V7750022506
Policy CTNiSO022506
Loan # 3010015153 -7254
The Company assures the Insured that at the date of this policy there is (are)
SINGLE FAMILY RESIDENCE
known as 1191 HORNSILVER CIRCLE, VAIL CO 81657
and that the FINAL ROCS
shows the correct location and dimensions of said Iand according to those records
which under the recording laws impart constructive notice as to said land.
This endorsement is issued as part of the policy. Except as it expressly states,
it does not (i) modify any of the terms and provisions of the policy, (ii) modify
Fny prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount
cf Xrsurance. To the extent a provision of the policy or a previous endorsement is
Inconsistent with an express provision of this endorsement, this endorsement controls.
Ctherwise, this endorsement is subject to all of the terms and provisions of the
Folicy and of any prior endorsements.
Representing Chicago Title Insurance Company
TOTAL P.10
STAFF APPROVAL McStJTqf'C- P-eSllbt:'fJC6
DEFC),(- NO 0 IT 10 KA
6cps I Te C-Ts
IL LI�
STAFF APPROVAL
DATE: -- q [2z
STAFF,---
STAFF APPROVAL
DESIGN REVIEW
STAFF APPROVAL
S ^'F. R
************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
TOWN OF VAIL, COLORADO Statement
Statement Number: R080001472 Amount: $20.00 08/25/200801:27 PM
Payment Method: Check Init: JLE
Notation: 7582 GPSL
ARCHITECTS
-----------------------------------------------------------------------------
Permit No: DRB080386 Type: DRB -Minor Alt,SFR /DUP
Parcel No: 2101 - 092 - 0200 -2
Site Address: 1191 HORNSILVER CR VAIL
Location:
Total Fees: $20.00
This Payment: $20.00 Total ALL Pmts: $20.00
Balance: $0.00
ACCOUNT ITEM LIST:
Account Code Description Current Pmts
-------------- - - - - -- ------------------------ - - - - -- ------ - - - - --
DR 00100003112200 DESIGN REVIEW FEES 20.00