HomeMy WebLinkAboutDRB150229_Title report_1433976420.pdfCustomer Distribution
Our Order Number: V50038618-2
Date: 06-11-2014
Property Address: 421 BEAVER DAM CIRCLE #A AKA LOT 3A BLK 4 VAIL VILLAGE FLG 3, VAIL, CO 81657
For Closing Assistance
Erika Frahm
0090 BENCHMARK RD #205
PO BOX 3480
AVON, CO 81620
970-748-4799 (phone)
877-408-7367 (fax)
efrahm@ltgc.com
For Title Assistance
VAIL TITLE DEPT.
610 WEST LIONSHEAD CIRCLE #200
VAIL, CO 81657
970-477-4522 (phone)
970-476-4534 (fax)
eaglecountyrequests@ltgc.com
Buyer/Borrower
BEAVER DAM HOLDINGS, LLC
Attention: JIM WEAR
Delivered via: Electronic Mail
Seller/Owner
ROBERT K. DE VEER, JR.
Delivered via: Electronic Mail
Agent for Seller
SLIFER SMITH & FRAMPTON-BRIDGE STREET
Attention: KATHLEEN ECK
230 BRIDGE ST
VAIL, CO 81657
970-479-5766 (work)
970-476-2658 (work fax)
keck@slifer.net
Delivered via: Electronic Mail
Agent for Buyer
SONNENALP REAL ESTATE
Attention: TYRA RUDRUD
242 E MEADOW DR #D
VAIL, CO 81657
970-477-5300 (work)
970-477-5301 (work fax)
tyra@srevail.com
Delivered via: Electronic Mail
Other
SLIFER SMITH & FRAMPTON-AVON
Attention: JANNA CARVILL
0090 BENCHMARK RD #105
AVON, CO 81620
970-845-2012 (work)
866-743-1589 (work fax)
jcarvill@slifer.net
Delivered via: Electronic Mail
Lender
BLUE SKY MORTGAGE
Attention: JIMMY BRENNER
PO BOX 1040, 100 W BEAVER CREEK BLVD #121
VAIL, CO 81620
970-476-0602 (work)
970-949-1192 (work fax)
jimmy@blue-sky-mortgage.com, title@blue-sky-mortgage.com
Delivered via: Electronic Mail
Closer
LAND TITLE GUARANTEE COMPANY
Attention: Erika Frahm
0090 BENCHMARK RD #205, PO BOX 3480
AVON,CO 81620
970-748-4799 (work)
877-408-7367 (work fax)
efrahm@ltgc.com
Land Title Guarantee Company
Estimate of Title Fees
Order Number:V50038618-2 Date: 06-11-2014
Property Address:421 BEAVER DAM CIRCLE #A AKA LOT 3A BLK 4 VAIL VILLAGE FLG 3, VAIL, CO 81657
Buyer/Borrower:BEAVER DAM HOLDINGS, LLC, A COLORADO LIMITED LIABILITY COMPANY
Seller:ROBERT K. DE VEER, JR. AND THE MARY LOUISE DE VEER REVOCABLE TRUST DATED
APRIL 4, 2001 AS THEIR INTERESTS MAY APPEAR
Wire Instructions
Bank:
Address:
Phone:
Credit:
ABA No:
Account:
Attention:
FIRSTBANK OF COLORADO
10403 W COLFAX AVENUE
LAKEWOOD, CO 80215
303-237-5000
LAND TITLE GUARANTEE COMPANY
107005047
2160521825
Erika Frahm
Please note: We do not accept ACH electronic transfers.
Visit Land Title's website at www.ltgc.com for directions to any of our offices.
Estimate of Title Insurance Fees
ALTA Owners Policy 06-17-06
Deletion of Exceptions 1-3
Deletion of General Exception 4
ALTA Loan Policy 06-17-06
Endorsement ALTA 8.1-06
Endorsement 103.1-06
Endorsement ALTA 9-06
Endorsement ALTA 5.1-06
Deletion of Exceptions 1-3
Deletion of General Exception 4
Tax Certificate R045214
Tax Certificate P025711
$7,115.00
$60.00
$15.00
$150.00
$50.00
$50.00
$447.00
$407.00
$10.00
$15.00
$25.00
$25.00
If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing.
Total $8,369.00
THANK YOU FOR YOUR ORDER!
ALTA COMMITMENT
First American Title Insurance Company
Schedule A
Order Number: V50038618-2
Customer Ref-Loan No.:
Property Address:
421 BEAVER DAM CIRCLE #A AKA LOT 3A BLK 4 VAIL VILLAGE FLG 3, VAIL, CO 81657
1. Effective Date:
06-02-2014 at 17:00:00
2. Policy to be Issued and Proposed Insured:
"ALTA" Owner's Policy 06-17-06 $3,900,000.00
Proposed Insured:
BEAVER DAM HOLDINGS, LLC, A COLORADO
LIMITED LIABILITY COMPANY
"ALTA" Loan Policy 06-17-06 $2,000,000.00
Proposed Insured:
BLUE SKY MORTGAGE, LLC, ITS SUCCESSORS
AND/OR ASSIGNS AS THEIR INTERESTS MAY
APPEAR
3. The estate or interest in the land described or referred to in this Commitment and covered
herein is:
A FEE SIMPLE
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
ROBERT K. DE VEER, JR. AND THE MARY LOUISE DE VEER REVOCABLE TRUST DATED APRIL 4,
2001 AS THEIR INTERESTS MAY APPEAR
5. The Land referred to in this Commitment is described as follows:
LOT 3A, BLOCK 4, VAIL VILLAGE - THIRD FILING, A RESUBDIVISION OF LOT 3, BLOCK 4, ACCORDING TO
THE PLAT RECORDED FEBRUARY 7, 1997 IN BOOK 718 AT PAGE 144, COUNTY OF EAGLE, STATE OF
COLORADO.
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.
ALTA COMMITMENT
First American Title Insurance Company
Schedule B Section 1
(Requirements)
Order Number: V50038618-2
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the
estate or interest to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly
filed for record, to-wit:
Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject
premises which are due and payable.
Item (d) Additional requirements, if any disclosed below:
1.EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF
THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED.
2.PROVIDE LAND TITLE GUARANTEE COMPANY WITH A CURRENT IMPROVEMENT LOCATION
CERTIFICATE OF SUBJECT PROPERTY. THIS REQUIREMENT IS NECESSARY TO DELETE STANDARD
EXCEPTIONS 1 THROUGH 3. UPON REVIEW, ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS
MAY BE NECESSARY.
NOTE: ANY MATTERS DISCLOSED BY SAID IMPROVEMENT LOCATION CERTIFICATE WILL BE
REFLECTED ON SAID POLICY(S) TO BE ISSUED HEREUNDER.
NOTE: LAND TITLE IS NOT RESPONSIBLE FOR ORDERING SAID IMPROVEMENT LOCATION
CERTIFICATE.
3.FURNISH TO LAND TITLE GUARANTEE COMPANY THE RELEVANT PAGES OF THE FULLY EXECUTED
OPERATING AGREEMENT FOR BEAVER DAM HOLDINGS, LLC, A COLORADO LIMITED LIABILITY
COMPANY THAT DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL
WITH INTERESTS IN REAL PROPERTY ON BEHALF OF SAID ENTITY.
NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION.
4.DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF
BEAVER DAM HOLDINGS, LLC, A COLORADO LIMITED LIABILITY COMPANY AS A LIMITED LIABILITY
COMPANY. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS
CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE
PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR
OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE
COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS.
NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER.
5.FURNISH TO LAND TITLE GUARANTEE COMPANY THE RELEVANT PAGES OF THE FULLY EXECUTED
TRUST AGREEMENT FOR THE MARY LOUISE DE VEER REVOCABLE TRUST DATED APRIL 4, 2001
THAT DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH
INTERESTS IN REAL PROPERTY ON BEHALF OF SAID ENTITY.
NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION.
ALTA COMMITMENT
First American Title Insurance Company
Schedule B Section 1
(Requirements)
Order Number: V50038618-2
The following are the requirements to be complied with:
6.WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR
THE MARY LOUISE DE VEER REVOCABLE TRUST DATED APRIL 4, 2001 RECORDED MAY 14, 2012 AT
RECEPTION NO. 201209608 IS CURRENT.
NOTE: SAID INSTRUMENT DISCLOSES WILLIAM P. WOODBRIDGE AS THE TRUSTEE AUTHORIZED TO
EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL
PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE, A CURRENT
STATEMENT OF AUTHORITY MUST BE RECORDED.
7.RELEASE OF DEED OF TRUST DATED MAY 06, 2003 FROM ROBERT KIPP DE VEER JR. AND MARY
LOUISE DE VEER TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF CLARION
MORTGAGE CAPITAL, INC. TO SECURE THE SUM OF $201,500.00 RECORDED MAY 15, 2003, UNDER
RECEPTION NO. 833381.
8.WARRANTY DEED FROM ROBERT K. DE VEER, JR. AND THE MARY LOUISE DE VEER REVOCABLE
TRUST DATED APRIL 4, 2001 AS THEIR INTERESTS MAY APPEAR TO BEAVER DAM HOLDINGS, LLC, A
COLORADO LIMITED LIABILITY COMPANY CONVEYING SUBJECT PROPERTY.
9.DEED OF TRUST FROM BEAVER DAM HOLDINGS, LLC, A COLORADO LIMITED LIABILITY COMPANY
TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF BLUE SKY MORTGAGE, LLC TO
SECURE THE SUM OF $2,000,000.00.
THE FOLLOWING DELETIONS/MODIFICATIONS ARE FOR THE OWNER'S POLICY AND MORTGAGEE'S
POLICY.
NOTE: ITEMS 1-3 OF THE GENERAL EXCEPTIONS WILL BE DELETED UPON RECEIPT OF AN
APPROVED SURVEY. MATTERS DISCLOSED BY SAID SURVEY MAY BE ADDED TO SCHEDULE B-2
HEREOF.
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 ROBERT K. DE VEER, JR.
AND THE MARY LOUISE DE VEER REVOCABLE TRUST DATED APRIL 4, 2001 AS THEIR INTERESTS
MAY APPEAR.
FIRST AMERICAN TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING
FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF BEAVER DAM HOLDINGS, LLC, A
COLORADO LIMITED LIABILITY COMPANY.
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 OF THE GENERAL EXCEPTIONS WILL BE
AMENDED TO READ:
TAXES AND ASSESSMENTS FOR THE YEAR 2014 AND SUBSEQUENT YEARS.
ALTA COMMITMENT
First American Title Insurance Company
Schedule B Section 1
(Requirements)
Order Number: V50038618-2
The following are the requirements to be complied with:
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.
First American Title Insurance Company
Schedule B Section 2
(Exceptions)
Order Number: V50038618-2
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the
satisfaction of the Company:
1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the
Land.
2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title
that would be disclosed by an accurate and complete land survey of the Land and not shown by the
Public Records.
4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed
by law and not shown by the Public Records.
5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date of the
proposed insured acquires of record for value the estate or interest or mortgage thereon covered
by this Commitment.
6.Any and all unpaid taxes, assessments and unredeemed tax sales.
7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under
(a), (b), or (c) are shown by the Public Records.
8.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.
9.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.
10.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 MARCH 25, 1963, IN BOOK 174
AT PAGE 575.
11.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE
PLAT OF VAIL VILLAGE THIRD FILING RECORDED MARCH 25, 1963 UNDER RECEPTION NO. 97200.
12.TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED OCTOBER 10,
1966 IN BOOK 200 AT PAGE 225.
13.TERMS, CONDITIONS AND PROVISIONS OF ROAD EASEMENT AGREEMENT RECORDED JUNE 17,
1996 IN BOOK 697 AT PAGE 491.
14.EASEMENTS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE
First American Title Insurance Company
Schedule B Section 2
(Exceptions)
Order Number: V50038618-2
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:
RESUBDIVISION PLAT RECORDED FEBRUARY 07, 1997 IN BOOK 718 AT PAGE 144.
15.TERMS, CONDITIONS AND PROVISIONS OF PARTYWALL AGREEMENT 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 FEBRUARY 07, 1997 IN BOOK 718 AT PAGE 145.
LAND TITLE GUARANTEE COMPANY
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 Regulations 3-5-1, Paragraph C of Article VII 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
of 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.
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 non affiliated party.
Therefore, we will not release your information to non affiliated 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 responsibly 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
commitment.privacy.pol.fa
JOINT NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY,
LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION,
LAND TITLE INSURANCE CORPORATION AND
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title,
LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal
and state privacy laws. Information 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 access 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.
Commitment for Title Insurance
ISSUED BY
First American Title Insurance Company
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 named in Schedule A, as owner or mortgagee of the estate
or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements;
all subject to the provisions of Schedules A and B and to the Conditions of this Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been
inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate six (6) months after the Effective Date or when the policy or policies
committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory.
IN WITNESS WHEREOF, 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 acquires actual knowledge of any defect, lien, encumbrance, adverse claim or the matter affecting the
estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose
such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of
reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose
such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien encumbrance, adverse
claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not
relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3.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 the Conditions and Stipulations and the
Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated
by reference and are made a part of this Commitment except as expressly modified herein.
4.This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title.
Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of
the title to the estate or interest or the status of The mortgage thereon covered by this Commitment must be based on and are subject to
the provisions of this Commitment.
5.The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be
arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the
arbitration rules at www.alta.org
Issued by:
Land Title Guarantee Company
3033 East First Avenue
Suite 600
Denver, Colorado 80206
303-850-4165
First American Title Insurance Company
Authorized Officer or Agent
Customer Distribution
Our Order Number: VTF50038832-2
Date: 06-26-2014
Property Address: 421 BEAVER DAM CIRCLE # B AKA LOT 3B, BLOCK 4, VAIL VILLAGE FILING 3, VAIL, CO
81657
For Closing Assistance
Lynn Martin
0090 BENCHMARK RD #205
PO BOX 3480
AVON, CO 81620
970-748-4781 (phone)
877-375-5028 (fax)
lynnmartin@ltgc.com
For Title Assistance
VAIL TITLE "VTF" UNIT
610 WEST LIONSHEAD CIRCLE #200
VAIL, CO 81657
970-477-4522 (phone)
970-476-4534 (fax)
eaglecountyrequests@ltgc.com
Mortgage Broker
BLUE SKY MORTGAGE
Attention: DANIELLE STOLTZ
PO BOX 1040, 100 W BEAVER CREEK BLVD #121
VAIL, CO 81620
970-476-0602 (work)
970-949-1192 (work fax)
title@blue-sky-mortgage.com
Delivered via: Electronic Mail
Closer
LAND TITLE GUARANTEE COMPANY
Attention: Lynn Martin
0090 BENCHMARK RD #205, PO BOX 3480
AVON,CO 81620
970-748-4781 (work)
877-375-5028 (work fax)
lynnmartin@ltgc.com
Land Title Guarantee Company
Estimate of Title Fees
Order Number:VTF50038832-2 Date: 06-26-2014
Property Address:421 BEAVER DAM CIRCLE # B AKA LOT 3B, BLOCK 4, VAIL VILLAGE FILING 3, VAIL, CO
81657
Buyer/Borrower:STEVEN SCHWARTZREICH AND ELAINE SCHWARTZREICH
Wire Instructions
Bank:
Address:
Phone:
Credit:
ABA No:
Account:
Attention:
FIRSTBANK OF COLORADO
10403 W COLFAX AVENUE
LAKEWOOD, CO 80215
303-237-5000
LAND TITLE GUARANTEE COMPANY
107005047
2160521825
Lynn Martin
Please note: We do not accept ACH electronic transfers.
Visit Land Title's website at www.ltgc.com for directions to any of our offices.
Estimate of Title Insurance Fees
ALTA Loan Policy 06-17-06 (Refi Flat Rate)
Endorsement ALTA 8.1-06
Endorsement 100.29-06
Endorsement ALTA 5-06 (115.2-06)
Endorsement 100-06
Endorsement ALTA 6-06
Tax Certificate
$4,082.00
$0.00
$0.00
$0.00
$0.00
$0.00
$21.00
If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing.
Total $4,103.00
THANK YOU FOR YOUR ORDER!
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number: VTF50038832-2
Customer Ref-Loan No.: 10112354
Property Address:
421 BEAVER DAM CIRCLE # B AKA LOT 3B, BLOCK 4, VAIL VILLAGE FILING 3, VAIL, CO 81657
1. Effective Date:
06-18-2014 at 17:00:00
2. Policy to be Issued and Proposed Insured:
"ALTA" Loan Policy 06-17-06 $3,000,000.00
Proposed Insured:
BLUE SKY MORTGAGE, ITS SUCCESSORS AND/
OR ASSIGNS
3. The estate or interest in the land described or referred to in this Commitment and covered
herein is:
A FEE SIMPLE
4. Title to the estate or interest covered herein is at the effective date hereof vested in:
STEVEN SCHWARTZREICH AND ELAINE SCHWARTZREICH
5. The Land referred to in this Commitment is described as follows:
LOT 3B, BLOCK 4, VAIL VILLAGE - THIRD FILING, A RESUBDIVISION OF LOT 3, BLOCK 4, ACCORDING TO
THE PLAT RECORDED FEBRUARY 7, 1997 IN BOOK 718 AT PAGE 144, COUNTY OF EAGLE, STATE OF
COLORADO.
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.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B-1
(Requirements)
Order Number: VTF50038832-2
The following are the requirements to be complied with:
Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or
interest to be insured.
Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for
record, to-wit:
1.PROVIDE LAND TITLE GUARANTEE COMPANY WITH A CURRENT IMPROVEMENT LOCATION
CERTIFICATE OF SUBJECT PROPERTY. THIS REQUIREMENT IS NECESSARY TO DELETE STANDARD
EXCEPTIONS 1 THROUGH 3. UPON REVIEW, ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS
MAY BE NECESSARY.
NOTE: ANY MATTERS DISCLOSED BY SAID IMPROVEMENT LOCATION CERTIFICATE WILL BE
REFLECTED ON SAID POLICY(S) TO BE ISSUED HEREUNDER.
NOTE: LAND TITLE IS NOT RESPONSIBLE FOR ORDERING SAID IMPROVEMENT LOCATION
CERTIFICATE.
2.RELEASE OF DEED OF TRUST DATED FEBRUARY 03, 2012 FROM STEVEN SCHWARTZREICH AND
ELAINE SCHWARTZREICH TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF BANK OF
AMERICA, N.A. TO SECURE THE SUM OF $1,500,000.00 RECORDED FEBRUARY 14, 2012, UNDER
RECEPTION NO. 201203017.
3.DEED OF TRUST FROM STEVEN SCHWARTZREICH AND ELAINE SCHWARTZREICH TO THE PUBLIC
TRUSTEE OF EAGLE COUNTY FOR THE USE OF BLUE SKY MORTGAGE TO SECURE THE SUM OF
$3,000,000.00.
NOTE: ITEMS 1 THROUGH 3 OF THE STANDARD EXCEPTIONS WILL BE DELETED FROM AND FORM
100 WILL BE ATTACHED TO THE MORTGAGEE'S POLICY WHEN ISSUED UPON RECEIPT OF A
SATISFACTORY IMPROVEMENT LOCATION CERTIFICATE. EXCEPTION MAY BE MADE TO ANY
ADVERSE MATTERS DISCLOSED BY THE IMPROVEMENT LOCATION CERTIFICATE.
ITEM 4 OF THE STANDARD EXCEPTIONS WILL BE DELETED UPON RECEIPT OF A SATISFACTORY
LIEN AFFIDAVIT.
NOTE: ALL PARTIES WILL BE REQUIRED TO SIGN THE LIEN AFFIDAVIT AT CLOSING.
(ITEM INTENTIONALLY DELETED)
Old Republic National Title Insurance Company
Schedule B-2
(Exceptions)
Order Number: VTF50038832-2
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the
satisfaction of the Company:
1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the
Land.
2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title
that would be disclosed by an accurate and complete land survey of the Land and not shown by the
Public Records.
4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed
by law and not shown by the Public Records.
5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date of the
proposed insured acquires of record for value the estate or interest or mortgage thereon covered by
this Commitment.
6.(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.
7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under
(a), (b), or (c) are shown by the Public Records.
8.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.
9.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.
10.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 MARCH 25, 1963, IN BOOK 174
AT PAGE 575.
11.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE
PLAT OF VAIL VILLAGE THIRD FILING RECORDED MARCH 25, 1963 UNDER RECEPTION NO. 97200.
12.TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED OCTOBER 10,
1966 IN BOOK 200 AT PAGE 225.
13.TERMS, CONDITIONS AND PROVISIONS OF ROAD EASEMENT AGREEMENT RECORDED JUNE 17,
Old Republic National Title Insurance Company
Schedule B-2
(Exceptions)
Order Number: VTF50038832-2
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:
1996 IN BOOK 697 AT PAGE 491.
14.EASEMENTS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE
RESUBDIVISION PLAT RECORDED FEBRUARY 07, 1997 IN BOOK 718 AT PAGE 144.
15.TERMS, CONDITIONS AND PROVISIONS OF PARTYWALL AGREEMENT 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 FEBRUARY 07, 1997 IN BOOK 718 AT PAGE 145.
16.TERMS, CONDITIONS AND PROVISIONS OF APPLICATION FOR REVOCABLE PERMIT RECORDED
JANUARY 05, 2001 AT RECEPTION NO. 747524.
JOINT NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY,
LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION,
LAND TITLE INSURANCE CORPORATION AND
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title,
LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal
and state privacy laws. Information 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 access 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.
LAND TITLE GUARANTEE COMPANY
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 Regulations 3-5-1, Paragraph C of Article VII 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
of 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.
Commitment to Insure
ALTA Commitment - 2006 Rev.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota 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.
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 months after the Effective Date or when the policy or
policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company.
CONDITIONS AND STIPULATIONS
1.The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument.2.If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or 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
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
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 the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies
committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as
expressly modified herein.
4.This commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action
or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or
interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment.
5.The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at
the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at
www.alta.org.
STANDARD EXCEPTIONS
In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the
following:
1.Rights or claims of parties in possession not shown by the Public Records.
2.Easements, or claims of easements, not shown by the Public Records.
3.Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would
disclose and which are not shown by the Public Records.
4.Any lien, or right to a lien, for services, labor or material theretofore 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 value the estate or interest or mortgage thereon covered by this
Commitment.
IN WITNESS WHEREOF, Old Republic National 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 to be valid when countersigned by a validating officer or other authorized signatory.
Old Republic National Title Insurance Companya Stock Company
400 Second Avenue South
Minneapolis, Minnesota 55401
(612)371-1111
Authorized Officer or Agent
Issued by:
Land Title Guarantee Company
3033 East First Avenue
Suite 600
Denver, Colorado 80206
303-850-4165