HomeMy WebLinkAboutDRB140278_Title Report_1405366980.pdfCUSTOMER DISTRIBUTION
Date:Our Order Number:
Property Address:
If you have any inquiries or require further assistance, please contact one of the numbers below:
03-27-2014 V50036354-6
LOT 4 BLK 7 VAIL VILLAGE 1ST FLG VAIL, CO 81657
For Closing Assistance:
Kathryn Kuchler
0090 BENCHMARK RD #205
PO BOX 3480
AVON, CO 81620
Phone: 970-748-4782
Fax: 866-358-6634
EMail: kkuchler@ltgc.com
For Title Assistance:
Vail Title Dept.
610 WEST LIONSHEAD CIRCLE #200
VAIL, CO 81657
Phone: 970-477-4522
Fax: 970-476-4534
EMail: eaglecountyrequests@ltgc.com
COLDWELL BANKER DISTINCTIVE PROPERTIES *TMX*
286 BRIDGE ST
VAIL, CO 81657
Attn: KATHRINE COLE
Phone: 970-390-0026
Fax: 866-569-3990
Copies: 1
EMail: cole@vail.net
Linked Commitment Delivery
VERNON F. TAYLOR, JR. REVOCABLE TRUST
C/O WENDY R. ST. CHARLES
Phone: 970-790-1612
EMail: wstcharles@shermanhoward.com
Linked Commitment Delivery
LAND TITLE GUARANTEE COMPANY
0090 BENCHMARK RD #205
PO BOX 3480
AVON, CO 81620
Phone: 970-748-4782
Fax: 866-358-6634
Copies: 1
EMail: kkuchler@ltgc.com
SLIFER SMITH & FRAMPTON SOLARIS AT VAIL *TMX*
141 E MEADOW DR #206
VAIL, CO 81657
Attn: MR. RICK PIROG
Phone: 970-477-5720
Fax: 970-479-2029
EMail: rpirog@slifer.net
GARY ROSENBACH AND SUSAN ROSENBACH
C/O SARAH J. BAKER, P.C.
PO BOX 425
EDWARDS, CO 81632
Phone: 970-331-0799
Fax: 866-597-4823
Copies: 1
EMail: sbaker@sbakerpc.com
Linked Commitment Delivery
SHERMAN & HOWARD LLC *TMX*
37347 HWY 6 #210
PO BOX 5559
AVON, CO 81620
Attn: WENDY ST CHARLES
Phone: 970-790-1612
Fax: 970-476-7118
Copies: 1
EMail: wstcharles@shermanhoward.com
Linked Commitment Delivery
Land Title Guarantee Company
03.21.14
CUSTOMER DISTRIBUTION
Date:Our Order Number:
Property Address:
DELIVERY.O (8/2003)
03-27-2014 V50036354-6
LOT 4 BLK 7 VAIL VILLAGE 1ST FLG VAIL, CO 81657
SHERMAN & HOWARD *TMX*
633 17TH STREET # 3000
DENVER, CO 80202
Attn: COLLENE MURPHY
Phone: 303-299-8372
Fax: 303-298-0940
Copies: 1
EMail: cmurphy@shermanhoward.com
Linked Commitment Delivery
Land Title Guarantee Company
Date:
Our Order Number:
Buyer/Borrower:
Seller/Owner:
Property Address:
Need a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com
for directions to any of our 54 office locations.
THANK YOU FOR YOUR ORDER!
ESTIMATE OF TITLE INSURANCE FEES
If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time.
TOTAL
Form CONTACT 06/04
03-27-2014
V50036354-6
GARY ROSENBACH AND SUSAN ROSENBACH
VERNON F. TAYLOR, JR. REVOCABLE TRUST
LOT 4 BLK 7 VAIL VILLAGE 1ST FLG VAIL, CO 81657
Wire Information: (Please note: We do not accept ACH electronic transfers.)
Bank: FIRSTBANK OF COLORADO
10403 W COLFAX AVENUE
LAKEWOOD, CO 80215
Phone: 303-237-5000
Credit: LAND TITLE GUARANTEE COMPANY
ABA No.: 107005047
Account: 2160521825
Attention: Kathryn Kuchler
ALTA Owners Policy 06-17-06
Deletion of Exceptions 1-3 (Owner)
Deletion of General Exception 4 (Owner)
Tax Certificate
$12,808.00
$60.00
$15.00
$25.00
$12,908.00
Land Title Guarantee Company
******************************************************************
Note: Once an original commitment has been issued, any subsequent
modifications will be emphasized by underlining.
******************************************************************
Schedule A
Our Order No.
Cust. Ref.:
1. Effective Date:
2. Policy to be Issued, and Proposed Insured:
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
5. The Land referred to in this Commitment is described as follows:
Property Address:
______________________________________________________________________________________________
Copyright 2006-2014 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.
V50036354-6
A L T A C O M M I T M E N T
LOT 4 BLK 7 VAIL VILLAGE 1ST FLG VAIL, CO 81657
March 10, 2014 at 5:00 P.M.
"ALTA" Owner's Policy 06-17-06
Proposed Insured:
GARY ROSENBACH AND SUSAN ROSENBACH
$7,750,000.00
Fee Simple as to Parcel 1 and An Easement Interest as to Parcel 2
VERNON F. TAYLOR, JR. REVOCABLE TRUST
SEE ATTACHED PAGE(S) FOR LEGAL DESCRIPTION
First American Title Insurance Company
LEGAL DESCRIPTION
Our Order No:V50036354-6
PARCEL 1:
LOT 4, VAIL VILLAGE FIRST FILING, A RESUBDIVISION OF LOTS 4 AND 7, BLOCK 7,
ACCORDING TO THE PLAT RECORDED APRIL 13, 2007 RECEPTION NO. 200709527, COUNTY
OF EAGLE, STATE OF COLORADO.
PARCEL 2:
THOSE EASEMENT RIGHTS CREATED BY INSTRUMENT RECORDED MARCH 29, 2000 RECEPTION
NO. 725778.
The following are the requirements to be complied with:
(Requirements)Our Order No.
A L T A C O M M I T M E N T
Schedule B - Section 1
V50036354-6
1.
2.
3.
4.
5.
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:
(ITEM INTENTIONALLY DELETED)
(ITEM INTENTIONALLY DELETED)
EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND
PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED.
DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE
NAME OF VERNON F. TAYLOR, JR. REVOCABLE TRUST AS A TRUST. 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.
NOTE: THE TRUST AGREEMENT FOR VERNON F. TAYLOR, JR. REVOCABLE TRUST
DISCLOSES VERNON F. TAYLOR, JR. AND VERNON F. TAYLOR, III AS THE TRUSTEES
THAT ARE AUTHORIZED TO EXECUTE LEGAL INSTRUMENTS ON BEHALF OF SAID ENTITY.
RELEASE OF DEED OF TRUST DATED FEBRUARY 01, 2014, FROM VERNON F. TAYLOR III
TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF COLORADO BUSINESS
BANK TO SECURE THE SUM OF $8,000,000.00 RECORDED FEBRUARY 06, 2014,
RECEPTION NO. 201401939.
(Requirements)Our Order No.
Continued:
A L T A C O M M I T M E N T
Schedule B - Section 1
V50036354-6
6.SPECIAL WARRANTY DEED FROM VERNON F. TAYLOR, JR. REVOCABLE TRUST TO GARY
ROSENBACH AND SUSAN ROSENBACH CONVEYING SUBJECT PROPERTY.
THE FOLLOWING DELETIONS/MODIFICATIONS ARE FOR THE OWNER'S POLICY.
NOTE: ITEMS 1-3 ARE HEREBY DELETED.
NOTE: UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL
LIEN AFFIDAVIT, 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 VERNON
F. TAYLOR, JR. REVOCABLE TRUST.
FIRST AMERICAN INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS
ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF GARY ROSENBACH
AND SUSAN ROSENBACH.
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 ALL TAXES, ITEM 6 WILL BE AMENDED TO READ:
TAXES AND ASSESSMENTS FOR THE YEAR 2014 AND SUBSEQUENT YEARS.
NOTE: THE ISSUANCE OF THE POLICIES AND/OR ENDORSEMENTS REFERENCED IN THIS
COMMITMENT ARE SUBJECT TO THE APPROVAL OF THE UNDERWRITER OF SAID POLICIES
AND/OR ENDORSEMENTS. THIS COMMITMENT MAY BE REVISED AS REQUIRED BY THE
UNDERWRITER TO ISSUE THE POLICIES AND/OR ENDORSEMENTS REQUESTED. THIS NOTE
WILL BE DELETED UPON THE RECEIPT OF SAID APPROVAL.
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:
(Exceptions)Our Order No.
A L T A C O M M I T M E N T
Schedule B - Section 2
V50036354-6
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
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.
Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
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.
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.
Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records
or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record
for value the estate or interest or mortgage thereon covered by this Commitment.
Any and all unpaid taxes, assessments and unredeemed tax sales.
(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;
(c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by
the Public Records.
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
93 AT PAGE 98.
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 PAGE 98.
RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE,
BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE,
COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS,
DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS
SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT
SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED
IN INSTRUMENT RECORDED AUGUST 10, 1962, IN BOOK 174 AT PAGE 179.
EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE PLAT
OF VAIL VILLAGE FIRST FILING RECORDED AUGUST 6, 1962 AT RECEPTION NO.
96382.
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:
(Exceptions)Our Order No.
A L T A C O M M I T M E N T
Schedule B - Section 2
V50036354-6
12.
13.
14.
15.
16.
17.
18.
19.
NOTE: VACATION OF EASEMENT RECORDED OCTOBER 12, 2005 RECEPTION NUMBERS
933025, 933026 AND 933027
RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED DECEMBER 19,
1997, IN BOOK 746 AT PAGE 892 RECEPTION NO. 642836.
(ITEM INTENTIONALLY DELETED)
EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS, RESERVATIONS AND NOTES
ON THE PLAT OF RAETHER MINOR SUBDIVISION RECORDED DECEMBER 29, 1998 AT
RECEPTION NO. 681506.
EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS, RESERVATIONS, AND NOTES
ON THE PLAT RECORDED FEBRUARY 10, 2000 RECEPTION NO. 722440.
NOTE: QUIT CLAIM DEED RECORDED SEPTEMBER 12, 2005 RECEPTION NO. 929115
TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT AND TERMINATION OF
DECLARATION, COVENANTS AND ROAD MAINTENANCE AGREEMENT RECORDED MARCH 29,
2000 AT RECEPTION NO. 725778.
(ITEM INTENTIONALLY DELETED)
TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF FIRST REFUSAL AGREEMENT
RECORDED OCTOBER 18, 2005 AT RECEPTION NO. 933513
NOTICE RECORDED JULY 1, 2013 RECEPTION NO. 201313483
NOTICE RECORDED SEPTEMBER 5, 2013 RECEPTION NO. 201318144
NOTE SAID EXCEPTION WILL BE REMOVED UPON COMPLETION OF CLOSING.
EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE PLAT OF VAIL VILLAGE FIRST FILING, A RESUBDIVISION OF LOTS 4 AND 7,
BLOCK 7 RECORDED APRIL 13, 2007 UNDER RECEPTION NO. 200709527.
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:
(Exceptions)Our Order No.
A L T A C O M M I T M E N T
Schedule B - Section 2
V50036354-6
20.LAND TITLE IS IN RECEIPT OF A SATISFACTORY IMPROVEMENT LOCATION CERTIFICATE
ISSUED BY EAGLE VALLEY SURVEYING, INC. CERTIFIED JULY 29, 2013, JOB NO.
12034.
LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION
DISCLOSURE STATEMENTS
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
A) The subject real property may be located in a special taxing district.
B) A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County
Treasurer or the County Treasurer's authorized agent.
C) The information regarding special districts and the boundaries of such districts may be obtained from
the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor.
Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing
in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom
margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that
does not conform, except that, the requirement for the top margin shall not apply to documents using forms
on which space is provided for recording or filing information at the top margin of the document.
Note: Colorado Division of Insurance Regulation 3-5-1, Section 7L requires that "Every
title entity 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 (typically by deletion
of Exception no. 4 of Schedule B, Section 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 Indemnity 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 containing a mineral severance instrument
exception, or exceptions, in Schedule B, Section 2.
A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise
conveyed from the surface estate and that there is a substantial likelihood that a third party
holds some or all interest in oil, 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 or insurance, and civil
damages. Any insurance company or agent of an insurance company who knowingly
provides false, incomplete, or misleading facts or information to a policyholder
or claimant for the purpose of defrauding or attempting to defraud the policyholder
or claimant with regard to a settlement or award payable from insurance proceeds
shall be reported to the Colorado division of insurance within the department
of regulatory agencies.
Nothing herein contained will be deemed to obligate the company to provide any of the coverages
referred to herein unless the above conditions are fully satisfied.
DISCLOSURE 02/2011
First American Title Insurance Company
PRIVACY POLICY
We are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain
information. We understand that you may be concerned about what we will do with such information -
particularly any personal or financial information. We agree that you have a right to know how we will utilize
the personal information you provide to us. Therefore, together with our parent company, the First American
Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner
in which we may use information we have obtained from any other source, such as information obtained from a
public record or from another person or entity. First American has also adopted broader guidelines that govern
our use of personal information regardless of its source. First American calls these guidelines its Fair
Information Values, a copy of which can be found on our website at www.firstam.com.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information
that we may collect include:
* Information we receive from you on applications, forms and in other communications to us,
whether in writing, in person, by telephone or any other means;
* Information about your transactions with us, our affiliated companies, or others; and
* Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any
nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as
necessary for us to provide the product or service you have requested to us; or (2) as permitted by law. We
may, however, store such information indefinitely, including the period after which any customer relationship
has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer
analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of
our affiliated companies. Such affiliated companies include financial service providers, such as title insurers,
property and casualty insurers, and trust and investment advisory companies, or companies involved in real
estate services, such as appraisal companies, home warranty companies, and escrow companies.
Furthermore, we may also provide all the information we collect, as described above, to companies that
perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions
with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We
restrict access to nonpublic personal information about you to those individuals and entities who need to know
that information to provide products or services to you. We will use our best efforts to train and oversee our
employees and agents to ensure that your information will be handled respnsibly and in accordance with this
Privacy Policy and First American's Fair Information values. We currently maintain physical, electronic, and
procedural safeguards that comply with referral regulations to guard your nonpublic personal information.
WEBSITE
Information on the calculation of premiums and other title related charges are listed at First American's
website: www.firstam.com
NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY, INC., A COLORADO CORPORATION
AND
MERIDIAN LAND TITLE, L.L.C., A COLORADO LIMITED LIABLITY COMPANY, D/B/A
LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION
This Statement is provided to you as a customer of Land Title Guarantee Company, a Colorado corporation and
Meridian Land Title, LLC, d/b/a Land Title Guarantee Company - Grand Junction.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal
and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your
trust and confidence is the bedrock of our business. We maintain and regularly review internal and external
safeguards against unauthorized access to non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
* applications or other forms we receive from you, including communications sent through TMX, our
web-based transaction management system;
* your transactions with, or from the services being performed by, us, our affiliates, or others;
* a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
* the public records maintained by governmental entities that we either obtain directly from those entities,
or from our affiliates and non-affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as
follows:
* We restrict access to all Personal Information about you to those employees who need to know that
information in order to provide products and services to you.
* We maintain physical, electronic and procedural safeguards that comply with federal standards to
protect your Personal Information from unauthorized access or intrusion.
* Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary
action.
* We regularly assess security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR
ANY PURPOSE THAT IS NOT PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be
disclosed. We may disclose your Personal Information when you direct or give us permission; when we are
required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or
criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable
privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement,
transaction or relationship with you.
Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our
privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American
Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court
having jurisdiction thereof.
Form PRIV.POL.LTG.1
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR
ANY PURPOSE THAT IS NOT PERMITTED BY LAW.
CC.FA.06
FIRST AMERICAN TITLE INSURANCE COMPANY, a California 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 names in Schedule A, as owner or mortgage 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, First American 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 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 and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of the Insured in the form of policy or
policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions
shown in 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 policy or policies committed for and such liability is subject to the insuring provisions and 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 issued one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or
rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of
the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment.
5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either
the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules as www.alta.org
Issued by:
LAND TITLE GUARANTEE COMPANY
3033 EAST FIRST AVENUE
SUITE 600
PO BOX 5440 (80217)
DENVER, CO 80217
_____________________________________________________
Authorized Officer or Agent
Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
FIRST AMERICAN TITLE INSURANCE COMPANY
Dennis J. GilmorePresident
Timothy KempSecretary