HomeMy WebLinkAboutDRB140275_2722 cortina lane Title Report_1405359960.pdfP.O. Box 1980, 50 Chambers Ave. Suite I
Eagle, CO 81631
Phone: (970) 328-5211
Fax: (866) 828-9541
DATE: June 10, 2014
FILE NUMBER: 454-H0394816-610-ETO
PROPERTY ADDRESS: 2698 Cortina Ln., Vail, CO 81657
BUYER/BORROWER: To Be Determined
OWNER(S): Benno Scheidegger
YOUR REFERENCE NUMBER:
ASSESSOR PARCEL NUMBER: 210314203010 R013910
PLEASE TAKE NOTE OF THE FOLLOWING REVISED TERMS CONTAINED HEREIN:
None.
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.
P.O. Box 1980
50 Chambers Ave. Suite I
Eagle, CO 81631
ATTN:Eagle Title Only
PHONE:(970) 328-5211
FAX:(866) 828-9541
E-MAIL:titlevaulteagle@heritagetco.com
TO:Archibeque Land Consulting, Ltd.
105 Capitol St.
Suite 5 /P.O. Box 3893
Eagle, CO 81631
ATTN:Matt
PHONE:(970) 328-6020
FAX:(970) 328-6021
E-MAIL:matt@prolandsurvey.com
TO:Eagle Title Plant - Title Only
P.O. Box 1980
50 Chambers Ave. Suite I
Eagle, CO 81631
ATTN:Eagle Title Only
PHONE:(970) 328-5211
FAX:(866) 828-9541
E-MAIL:titlevaulteagle@heritagetco.com
END OF TRANSMITTAL
06/10/2014 8:49:01 AM Commitment No.: 454-H0394816-610-ETO
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and
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.
Commonwealth Land Title Insurance Company
COMMITMENT
SCHEDULE A
Commitment No:454-H0394816-610-ETO
1.Effective Date:February 21, 2014 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 $0.00
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:
Benno Scheidegger
5.The land referred to in this Commitment is described as follows:
See Attached Legal Description
(for informational purposes only) 2698 Cortina Ln., Vail, CO 81657
PREMIUMS:
Owners Coverage: $100.00 - TBD
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Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and
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.
Attached Legal Description
Lot 11, Block B, Vail Ridge, according to the plat recorded February 18, 1966 at Reception No. 103252,
County of Eagle, State of Colorado
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Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and
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.
SCHEDULE B – Section 1
Requirements
The following requirements must be met:
a.Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured.
b.Pay us the premiums, fees and charges for the policy.
c.Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent.
d.Evidence that any and all assessments for common expenses, if any, have been paid.
e.The Company will require that an Affidavit and Indemnity Agreement be completed by the party(s)
named below before the issuance of any policy of title insurance.
Party(s):Benno Scheidegger
The Company reserves the right to add additional items or make further requirements after review of the
requested Affidavit.
f.The Company reserves the right to add additional exceptions and/or make further requirements
once the identity of the Purchaser is disclosed.
g.Deed sufficient to convey the fee simple estate or interest in the Land described or referred to herein, to
the Proposed Insured Purchaser.
h.Furnish for recordation a partial release of deed of trust:
Amount:$100,000.00
Trustor/Grantor:Benno M. Scheidegger and Kristin N. Scheidegger
Trustee:Public Trustee of Eagle County
Beneficiary:Citbank, Federal Savings Bank
Loan No.Unknown
Recording Date:August 22, 2005
Recording No:Reception No. 926976
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
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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 Records but which 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 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.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance
thereof, (c) water rights, claims of title to water, whether or not the matters excepted under (a), (b), or (c)
are shown by the Public Records.
7.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency
that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the
records of such agency or by the Public Records.
8.All taxes and assessments, now or heretofore assessed, due or payable.
9.Reservations and exceptions in patents and in acts authorizing their issuance as the same may affect the
subject property and specifically, 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 as set forth in United States
Patent recorded August 11, 1900 in Book 48 at Page 236; and any and all assignments thereof or interest
therein.
10.Covenants, conditions and restrictions, which do not include a forfeiture or reverter clause, set forth in the
instrument recorded March 9, 1966 in Book 192 at Page 235. Amendment of said covenants, conditions
and restrictions by an instrument recorded April 12, 1968 in Book 212 at Page 678. Provisions regarding
race, color, creed, and national origin, if any, are deleted.
11.Terms, conditions, restrictions, provisions, notes and easements 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 on the Plat(s) of said subdivision set forth below:
Recording Date:February 18, 1966
Recording No:Reception No. 103252
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12.Conveyance of 10 (ten) percent non-participating royalty in the sale of any and all minerals, as set forth in
instrument recorded September 30, 1962 in Book 166 at Page 407 and Conveyance recorded September
19, 1966 in Book 200 at Page 143.
13.Terms, conditions, provisions, agreements and obligations contained in the Holy Cross Electric
Association, Inc., Underground Right of Way Easement as set forth below:
Recording Date:July 6, 1983
Recording No.:Book 363 at Page 218
END OF EXCEPTIONS
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Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and
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.
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.
Attest:
Secretary
By:
President
06/10/2014 8:49:37 AM Commitment No.: 454-H0394816-610-ETO
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and
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.
CONDITIONS
1.The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2.If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim
or other matter affecting the estate or 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 or 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
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
http://www.alta.org.
.
06/10/2014 8:49:37 AM Commitment No.: 454-H0394816-610-ETO
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and
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.
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
title 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, or 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 38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the purchasers legal
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 10-11-122 of the Colorado Revised Statutes, 1987 the Company is required to disclose
the following information:
o The subject property may be located in a special taxing district.
o A Certificate of Taxes 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 districts 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 (6/17/06), 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.
06/10/2014 8:49:37 AM
Commitment No.: 454-H0394816-610-ETO
Privacy Statement
Effective Date 5/1/2008
Fidelity National Financial, Inc.
Privacy Statement
Fidelity National Financial, Inc. and its subsidiaries (“FNF”) respect the privacy and security of your non-public
personal information (“Personal Information”) and protecting your Personal Information is one of our top priorities.
This Privacy Statement explains FNF’s privacy practices, including how we use the Personal Information we receive
from you and from other specified sources, and to whom it may be disclosed. FNF follows the privacy practices
described in this Privacy Statement and, depending on the business performed, FNF companies may share information
as described herein.
Personal Information Collected
We may collect Personal Information about you from the following sources:
Information we receive from you on applications or other forms, such as your name, address, social security
number, tax identification number, asset information, and income information;
Information we receive from you through our Internet websites, such as your name, address, email address, Internet
Protocol address, the website links you used to get to our websites, and your activity while using or reviewing our
websites;
Information about your transactions with or services performed by us, our affiliates, or others, such as information
concerning your policy, premiums, payment history, information about your home or other real property,
information from lenders and other third parties involved in such transaction, account balances, and credit card
information; and
Information we receive from consumer or other reporting agencies and publicly recorded documents.
Disclosure of Personal Information
We may provide your Personal Information (excluding information we receive from consumer or other credit reporting
agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such
laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following:
To insurance agents, brokers, representatives, support organizations, or others to provide you with services you
have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or
nondisclosure in connection with an insurance transaction;
To third-party contractors or service providers for the purpose of determining your eligibility for an insurance
benefit or payment and/or providing you with services you have requested;
To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil action, in
connection with a subpoena or a governmental investigation;
To companies that perform marketing services on our behalf or to other financial institutions with which we have
joint marketing agreements and/or
To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose
claim or interest must be determined, settled, paid or released prior to a title or escrow closing.
We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is
reasonably necessary to comply with the law or to protect the safety of our customers, employees, or property and/or to
comply with a judicial proceeding, court order or legal process.
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Commitment No.: 454-H0394816-610-ETO
Privacy Statement
Fidelity National Financial, Inc.
Privacy Statement (Continued)
Disclosure to Affiliated Companies – We are permitted by law to share your name, address and facts about your
transaction with other FNF companies, such as insurance companies, agents, and other real estate service providers to
provide you with services you have requested, for marketing or product development research, or to market products or
services to you. We do not, however, disclose information we collect from consumer or credit reporting agencies with
our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise
permitted by law.
Disclosure to Nonaffiliated Third Parties – We do not disclose Personal Information about our customers or former
customers to nonaffiliated third parties, except as outlined herein or as otherwise permitted by law.
Confidentiality and Security of Personal Information
We restrict access to Personal Information about you to those employees who need to know that information to provide
products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal
regulations to guard Personal Information.
Access to Personal Information/
Requests for Correction, Amendment, or Deletion of Personal Information
As required by applicable law, we will afford you the right to access your Personal Information, under certain
circumstances to find out to whom your Personal Information has been disclosed, and request correction or deletion of
your Personal Information. However, FNF’s current policy is to maintain customers’ Personal Information for no less
than your state’s required record retention requirements for the purpose of handling future coverage claims.
For your protection, all requests made under this section must be in writing and must include your notarized signature
to establish your identity. Where permitted by law, we may charge a reasonable fee to cover the costs incurred in
responding to such requests. Please send requests to:
Chief Privacy Officer
Fidelity National Financial, Inc.
601 Riverside Avenue
Jacksonville, FL 32204
Changes to this Privacy Statement
This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend
this Privacy Statement, we will post a notice of such changes on our website. The effective date of this Privacy
Statement, as stated above, indicates the last time this Privacy Statement was revised or materially changed.
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