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HomeMy WebLinkAboutDRB150483_Title Report_1444672320.pdfP.O. Box 1980, 50 Chambers Ave. Suite I Eagle, CO 81631 Phone: (970) 328-5211 Fax: (866) 828-9541 DATE: August 26, 2015 FILE NUMBER: 454-H0444571-610-ETO PROPERTY ADDRESS: Lion's Ridge Loop, North Frontage Road, Vail, CO 81657 BUYER/BORROWER: To Be Determined OWNER(S): Simba Run Condominium Association, a Colorado non-profit corporation YOUR REFERENCE NUMBER: ASSESSOR PARCEL NUMBER: 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:Simba Run Condominium Association, a Colorado non-profit corporation 1100 N. Frontage Road Vail, CO 81657 ATTN:Kim Newbury, General Manager PHONE:(800) 746-2278 FAX: E-MAIL:kim@simbarun.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 08/26/2015 2:01 PM Commitment No.: 454-H0444571-610-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-H0444571-610-ETO 1.Effective Date:August 21, 2015 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: The common elements are owned by 94 unit owners, according to their undivided interests of Simba Run Condominium Association, a Colorado non-profit corporation, according to the Real Estate records of the County of Eagle as of the effective date herein referenced, as to Parcel A The common elements are owned by 94 unit owners, according to their undivided interests of Simba Run Condominium Association, a Colorado non-profit corporation, according to the Real Estate records of the County of Eagle as of the effective date herein referenced, as to Parcel B 5.The land referred to in this Commitment is described as follows: See Attached Legal Description (for informational purposes only) Lion's Ridge Loop, North Frontage Road, Vail, CO 81657 PREMIUMS: Owners Coverage: $100.00 - TBD 08/26/2015 2:01 PM Commitment No.: 454-H0444571-610-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. Attached Legal Description Parcel A: a portion of: The General Common Elements, Simba Run Condominium, according to the Condominium Map for Simba Run Condominium recorded January 18, 1983 in Book 352 at Page 155 at Reception No. 248492 and the First Supplemental Map recorded October 25, 1983 in Book 371 at Page 527 at Reception No. 267845, and according to the Condominium Declaration for Simba Run recorded January 18, 1983 in Book 352 at Page 154 at Reception No. 248491 and Supplement to the Condominium Declaration for Simba Run recorded November 7, 1983 in Book 372 at Page 460 at Reception No. 268777, County of Eagle, State of Colorado Parcel B: a portion of: The General Common Elements, Simba Run Condominium, according to the Condominium Map for Simba Run Condominium recorded January 18, 1983 in Book 352 at Page 155 at Reception No. 248492 and the First Supplemental Map recorded October 25, 1983 in Book 371 at Page 527 at Reception No. 267845, and according to the Condominium Declaration for Simba Run recorded January 18, 1983 in Book 352 at Page 154 at Reception No. 248491 and Supplement to the Condominium Declaration for Simba Run recorded November 7, 1983 in Book 372 at Page 460 at Reception No. 268777, County of Eagle, State of Colorado 08/26/2015 2:01 PM Commitment No.: 454-H0444571-610-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. 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):Simba Run Condominium Association, a Colorado non-profit corporation 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.Easement Deed sufficient to convey the fee simple estate or interest in the Land described or referred to herein, to the Proposed Insured Purchaser. The Deed as executed by the Simba Run Condominium Association, a Colorado non-profit corporation shall have : An affirmation from the board and signed by all the board members that the deed is in compliance with all provisions of Condominium Declaration for Simba Run Condominium Association and with all provisions of the Colorado Common Interest Ownership Act a/k/a CCIOA There shall be attached; the notarized signatures of at minimum 75% of all unit Owners affirming and consenting pursuant to the provisions of the Declaration as to the sale of the subject property. There shall be attached consents by at minimum 75% of all First Mortgagees affirming and consenting pursuant to the provisions of the Declaration as to the sale of the subject property. An opinion letter from an attorney licensed to practice law in the State of Colorado indicating that all the prerequisite requirements of the said Declaration and of CCIOA for conveyance of a portion of a Common Element have been satisfied. Or 08/26/2015 2:01 PM Commitment No.: 454-H0444571-610-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. h.Final Order and Decree from the court of jurisdiction , pursuant to a Condemnation action in compliance with all provisions of Condominium Declaration for Simba Run Condominium Association and with all provisions of the Colorado Common Interest Ownership Act a/k/a CCIOA . END OF REQUIREMENTS 08/26/2015 2:01 PM Commitment No.: 454-H0444571-610-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. 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.Water rights, claims of title to water, whether or not these matters are shown by the Public Records. 7.All taxes and assessments, now or heretofore assessed, due or payable. NOTE: This tax exception will be amended at policy upon satisfaction and evidence of payment of taxes. 8.Reservations contained in the Patent From:The United States of America Recording Date:August 16, 1909 Recording No:Book 48 at Page 542 and December 29, 1920 in Book 93 at Page 42 Which among other things recites as follows: A right of way thereon for ditches or canals constructed by the authority of the United States of America. 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 hereby granted as provided by law. 08/26/2015 2:01 PM Commitment No.: 454-H0444571-610-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. 9.Covenants, conditions and restrictions 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, source of income, gender, gender identity, gender expression, medical condition or genetic information, 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 in the document Recording Date:July 25, 1969 Recording No:Book 215 at Page 649 and as amended in instrument recorded December 2, 1970 in Book 219 at Page 235 and as amended in instrument recorded June 8, 1973 in Book 229 at Page 457. 10.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:June 8, 1973 Recording No:Book 229 at Page 458 11.Terms, conditions, provisions, agreements and obligations contained in the Easement Agreement as set forth below: Recording Date:July 19, 1972 Recording No.:Book 224 at Page 824 12.Terms, conditions, provisions, agreements and obligations contained in the Encroachment Easement Agreement as set forth below: Recording Date:January 30, 1980 Recording No.:Book 298 at Page 22 13.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:November 12, 1980 Recording No:Book 312 at Page 763 08/26/2015 2:01 PM Commitment No.: 454-H0444571-610-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. 14.Covenants, conditions and restrictions 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, source of income, gender, gender identity, gender expression, medical condition or genetic information, 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 in the document Recording Date:January 18, 1983 Recording No:Book 352 at Page 154 and as supplemented in instrument recorded November 7, 1983 in Book 372 at Page 460. 15.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 Condominium Maps as set forth below: Recording Date:January 18, 1983 Recording No:Book 352 at Page 155 and Supplemental Map recorded October 25, 1983 in Book 371 at Page 527. 16.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:Holy Cross Electric Association, Inc. Purpose:Underground Right of Way Easement Recording Date:October 16, 1981 Recording No:Book 330 at Page 655 17.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:Holy Cross Electric Association, Inc. Purpose:Underground Right of Way Easement Recording Date:October 16, 1981 Recording No:Book 330 at Page 657 18.Terms, conditions, provisions, agreements and obligations contained in the Grant of Easement and Maintenance Agreement as set forth below: Recording Date:February 7, 1983 Recording No.:Book 353 at Page 212 and re-recorded February 22, 1983 in Book 353 at Page 941 19.Terms, conditions, provisions, agreements and obligations contained in the Declaration Vacating an Easement Granting and Creating a perpetual exclusive easement, a non-exclusive easement, and a temporary construction easement as set forth below: Recording Date:December 27, 1990 Recording No.:Book 544 at Page 676 08/26/2015 2:01 PM Commitment No.: 454-H0444571-610-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. 20.Terms, conditions, provisions, agreements and obligations contained in the Cable Television Easement and Maintenance Agreement as set forth below: Recording Date:May 31, 1994 Recording No.:Book 641 at Page 515 21.Those liens including but not limited to Deeds-of-trust, Mortgages, Assessment liens and any and all other voluntary or involuntary liens, judgments or other encumbrances attaching to the Common elements resulting from the common elements being owned by 94 Unit Owners, according to their undivided interests of Simba Run Condominiums END OF EXCEPTIONS 08/26/2015 2:01 PM Commitment No.: 454-H0444571-610-ETO AFFIDAVIT AND INDEMNITY AGREEMENT TO Heritage Title Company, Inc. a Colorado Corporation and Commonwealth Land Title Insurance Company, a Nebraska Corporation. 1.This is written evidence to you that there are no unpaid bills, and to the extent there may be unpaid bills, that the undersigned undertakes and agrees to cause the same to be paid such that there shall be no mechanics or materialmen’s liens affecting the property for materials or labor furnished for construction and erection, repairs or improvements contracted by or on behalf of the undersigned on property: legally described as: See Attached Affidavit and Indemnity Agreement Legal Description Property Address: Lion's Ridge Loop, North Frontage Road, Vail, CO 81657 2.We further represent that to the actual knowledge and belief of the undersigned there are no public improvements affecting the property prior to the date of closing that would give rise to a special property tax assessment against the property after the date of closing. 3.We further represent that to the actual knowledge and belief of the undersigned there are no pending proceedings or unsatisfied judgments of record, in any Court, State, or Federal, nor any tax liens filed or taxes assessed against us which may result in liens, and that if there are judgments, bankruptcies, probate proceedings, state or federal tax liens of record against parties with same or similar names, that they are not against us. 4.We further represent that there are no unrecorded contracts, leases, easements, or other agreements or interests relating to said premises of which we have knowledge. 5.We further represent that to the actual knowledge and belief of the undersigned we are in sole possession of the real property described herein other than leasehold estates reflected as recorded items under the subject commitment for title insurance. 6.We further represent that there are no unpaid charges and assessments that could result in a lien in favor of any association of homeowners which are provided for in any document referred to in Schedule B of Commitment referenced above. 7.We further understand that any payoff figures shown on the settlement statement have been supplied to Heritage Title Company, Inc. as settlement agent by the seller's/borrower's lender and are subject to confirmation upon tender of the payoff to the lender. If the payoff figures are inaccurate, we hereby agree to immediately pay any shortage(s) that may exist. If applicable as disclosed or referred to on Schedule A of Commitment referenced above. The undersigned affiant(s) know the matters herein stated are true and indemnifies Heritage Title Company, Inc., a Colorado Corporation and Commonwealth Land Title Insurance Company, a Nebraska Corporation against loss, costs, damages and expenses of every kind incurred by it by reason of its reliance on the statements made herein. This agreement is executed with and forms a part of the sale and/or financing of the above described premises, and is given in addition to the conveyance and/or financing of the premises in consideration for the conveyance and/or financing, and forms a complete agreement by itself for any action thereon. SELLER: Simba Run Condominium Association, a Colorado non- profit corporation SELLER: SELLER: SELLER: State of Colorado County of Eagle ss: The foregoing instrument was acknowledged, subscribed, and sworn to before me on by Simba Run Condominium Association, a Colorado non-profit corporation. (SEAL)Notary Public My Commission Expires: 08/26/2015 2:01 PM Commitment No.: 454-H0444571-610-ETO ATTACHED AFFIDAVIT AND INDEMNITY AGREEMENT LEGAL DESCRIPTION Parcel A: a portion of: The General Common Elements, Simba Run Condominium, according to the Condominium Map for Simba Run Condominium recorded January 18, 1983 in Book 352 at Page 155 at Reception No. 248492 and the First Supplemental Map recorded October 25, 1983 in Book 371 at Page 527 at Reception No. 267845, and according to the Condominium Declaration for Simba Run recorded January 18, 1983 in Book 352 at Page 154 at Reception No. 248491 and Supplement to the Condominium Declaration for Simba Run recorded November 7, 1983 in Book 372 at Page 460 at Reception No. 268777, County of Eagle, State of Colorado Parcel B: a portion of: The General Common Elements, Simba Run Condominium, according to the Condominium Map for Simba Run Condominium recorded January 18, 1983 in Book 352 at Page 155 at Reception No. 248492 and the First Supplemental Map recorded October 25, 1983 in Book 371 at Page 527 at Reception No. 267845, and according to the Condominium Declaration for Simba Run recorded January 18, 1983 in Book 352 at Page 154 at Reception No. 248491 and Supplement to the Condominium Declaration for Simba Run recorded November 7, 1983 in Book 372 at Page 460 at Reception No. 268777, County of Eagle, State of Colorado 08/26/2015 2:01 PM Commitment No.: 454-H0444571-610-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. 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 08/26/2015 2:01 PM Commitment No.: 454-H0444571-610-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. . 08/26/2015 2:01 PM Commitment No.: 454-H0444571-610-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 7, 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. Colorado Division of Insurance Regulation 3-5-1, Paragraph L of Section 7, requires that prospective insured(s) of a single family residence be notified in writing that the standard exception from coverage for unfiled Mechanics or Materialmans Liens may or may not be deleted upon the satisfaction of the requirement(s) pertinent to the transaction. These requirements will be addressed upon receipt of a written request to provide said coverage, or if the Purchase and Sale Agreement/Contract is provided to the Company then the necessary requirements will be reflected on the commitment. 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 08/26/2015 2:01 PM Commitment No.: 454-H0444571-610-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. 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. 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You can choose whether or not to accept cookies by changing the settings of your Internet browser, but some functionality of the Website may be impaired or not function as intended. See the Third Party Opt Out section below. Web Beacons. Some of our web pages and electronic communications may contain images, which may or may not be visible to you, known as Web Beacons (sometimes referred to as “clear gifs”). Web Beacons collect only limited information that includes a cookie number; time and date of a page view; and a description of the page on which the Web Beacon resides. We may also carry Web Beacons placed by third party advertisers. These Web Beacons do not carry any Personal Information and are only used to track usage of the Website and activities associated with the Website. See the Third Party Opt Out section below. Unique Identifier. We may assign you a unique internal identifier to help keep track of your future visits. We may use this information to gather aggregate demographic information about our visitors, and we may use it to personalize the information you see on the Website and some of the electronic communications you receive from us. We keep this information for our internal use, and this information is not shared with others. Third Party Opt Out. Although we do not presently, in the future we may allow third-party companies to serve advertisements and/or collect certain anonymous information when you visit the Website. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to the Website in order to provide advertisements about products and services likely to be of greater interest to you. These companies typically use a cookie or third party Web Beacon to collect this information, as further described above. Through these technologies, the third party may have access to and use non-personalized information about your online usage activity. You can opt-out of certain online behavioral services through any one of the ways described below. After you opt-out, you may continue to receive advertisements, but those advertisements will no longer be as relevant to you. You can opt-out via the Network Advertising Initiative industry opt-out at http://www.networkadvertising.org/. You can opt-out via the Consumer Choice Page at http://www.aboutads.info. For those in the U.K., you can opt-out via the IAB UK's industry opt-out at http://www.youronlinechoices.com. You can configure your web browser (Chrome, Firefox, Internet Explorer, Safari, etc.) to delete and/or control the use of cookies. More information can be found in the Help system of your browser. Note: If you opt-out as described above, you should not delete your cookies. If you delete your cookies, you will need to opt-out again. Use of Personal Information Information collected by FNF is used for three main purposes: To provide products and services to you or one or more third party service providers (collectively, “Third Parties”) who are obtaining services on your behalf or in connection with a transaction involving you. To improve our products and services that we perform for you or for Third Parties. To communicate with you and to inform you about FNF’s, FNF’s affiliates and third parties’ products and services. When Information Is Disclosed By FNF 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: Privacy Notice Effective: May 1, 2015 To agents, brokers, representatives, 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 who provide services or perform marketing services or other functions on our behalf; To law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders; 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. In addition to the other times when we might disclose information about you, we might also disclose information when required by law or in the good-faith belief that such disclosure is necessary to: (1) comply with a legal process or applicable laws; (2) enforce this Privacy Notice; (3) respond to claims that any materials, documents, images, graphics, logos, designs, audio, video and any other information provided by you violates the rights of third parties; or (4) protect the rights, property or personal safety of FNF, its users or the public. We maintain reasonable safeguards to keep the Personal Information that is disclosed to us secure. We provide Personal Information and non- Personal Information to our subsidiaries, affiliated companies, and other businesses or persons for the purposes of processing such information on our behalf and promoting the services of our trusted business partners, some or all of which may store your information on servers outside of the United States. We require that these parties agree to process such information in compliance with our Privacy Notice or in a similar, industry-standard manner, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures. The use of your information by one of our trusted business partners may be subject to that party’s own Privacy Notice. 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. We also reserve the right to disclose Personal Information and/or non- Personal Information to take precautions against liability, investigate and defend against any third-party claims or allegations, assist government enforcement agencies, protect the security or integrity of the Website, and protect the rights, property, or personal safety of FNF, our users or others. We reserve the right to transfer your Personal Information, as well as any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets. We also cannot make any representations regarding the use or transfer of your Personal Information or other information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors, and you expressly agree and consent to the use and/or transfer of your Personal Information or other information in connection with a sale or transfer of some or all of our assets in any of the above described proceedings. Furthermore, we cannot and will not be responsible for any breach of security by any third parties or for any actions of any third parties that receive any of the information that is disclosed to us. Information From Children We do not collect Personal Information from any person that we know to be under the age of thirteen (13). Specifically, the Website is not intended or designed to attract children under the age of thirteen (13). You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Privacy Notice, and to abide by and comply with this Privacy Notice. In any case, you affirm that you are over the age of 13, as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN. Parents should be aware that FNF’s Privacy Notice will govern our use of Personal Information, but also that information that is voluntarily given by children – or others – in email exchanges, bulletin boards or the like may be used by other parties to generate unsolicited communications. FNF encourages all parents to instruct their children in the safe and responsible use of their Personal Information while using the Internet. Privacy Outside the Website The Website may contain various links to other websites, including links to various third party service providers. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. Other than under agreements with certain reputable organizations and companies, and except for third party service providers whose services either we use or you voluntarily elect to utilize, we do not share any of the Personal Information that you provide to us with any of the websites to which the Website links, although we may share aggregate, non-Personal Information with those other third parties. Please check with those websites in order to determine their privacy policies and your rights under them. European Union Users If you are a citizen of the European Union, please note that we may transfer your Personal Information outside the European Union for use for any of the purposes described in this Privacy Notice. By providing FNF with your Personal Information, you consent to both our collection and such transfer of your Personal Information in accordance with this Privacy Notice. Choices With Your Personal Information Whether you submit Personal Information to FNF is entirely up to you. You may decide not to submit Personal Information, in which case FNF may not be able to provide certain services or products to you. You may choose to prevent FNF from disclosing or using your Personal Information under certain circumstances (“opt out”). You may opt out of any disclosure or use of your Personal Information for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization by notifying us by one of the methods at the end of this Privacy Notice. Furthermore, even where your Personal Information is to be disclosed and used in accordance with the stated purposes in this Privacy Notice, you may elect to opt out of such disclosure to and use by a third party that is not acting as an agent of FNF. As described above, there are some uses from which you cannot opt-out. Please note that opting out of the disclosure and use of your Personal Information as a prospective employee may prevent you from being hired as an employee by FNF to the extent that provision of your Personal Information is required to apply for an open position. If FNF collects Personal Information from you, such information will not be disclosed or used by FNF for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization unless you affirmatively consent to such disclosure and use. You may opt out of online behavioral advertising by following the instructions set forth above under the above section “Additional Ways That Information Is Collected Through the Website,” subsection “Third Party Opt Out.” Access and Correction To access your Personal Information in the possession of FNF and correct inaccuracies of that information in our records, please contact us in the manner specified at the end of this Privacy Notice. We ask Privacy Notice Effective: May 1, 2015 individuals to identify themselves and the information requested to be accessed and amended before processing such requests, and we may decline to process requests in limited circumstances as permitted by applicable privacy legislation. Your California Privacy Rights Under California’s “Shine the Light” law, California residents who provide certain personally identifiable information in connection with obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2015 will receive information regarding 2014 sharing activities). To obtain this information on behalf of FNF, please send an email message to privacy@fnf.com with “Request for California Privacy Information” in the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response. Additionally, because we may collect your Personal Information from time to time, California’s Online Privacy Protection Act requires us to disclose how we respond to “do not track” requests and other similar mechanisms. Currently, our policy is that we do not recognize “do not track” requests from Internet browsers and similar devices. FNF Compliance with California Online Privacy Protection Act For some websites which FNF or one of its companies owns, such as the Customer CareNet (“CCN”), FNF is acting as a third party service provider to a mortgage loan servicer. In those instances, we may collect certain information on behalf of that mortgage loan servicer for fulfilling a service to that mortgage loan servicer. For example, you may access CCN to complete a transaction with your mortgage loan servicer. During this transaction, the information which we may collect on behalf of the mortgage loan servicer is as follows: First and Last Name Property Address User Name Password Loan Number Social Security Number - masked upon entry Email Address Three Security Questions and Answers IP Address The information you submit is then transferred to your mortgage loan servicer by way of CCN. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through this website. For example, if you believe that your payment or user information is incorrect, you must contact your mortgage loan servicer. CCN does not share consumer information with third parties, other than those with which the mortgage loan servicer has contracted to interface with the CCN application. All sections of the FNF Privacy Notice apply to your interaction with CCN, except for the sections titled Choices with Your Personal Information and Access and Correction. If you have questions regarding the choices you have with regard to your personal information or how to access or correct your personal information, you should contact your mortgage loan servicer. No Representations or Warranties By providing this Privacy Notice, Fidelity National Financial, Inc. does not make any representations or warranties whatsoever concerning any products or services provided to you by its majority-owned subsidiaries. In addition, you also expressly agree that your use of the Website is at your own risk. Any services provided to you by Fidelity National Financial, Inc. and/or the Website are provided “as is” and “as available” for your use, without representations or warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. Fidelity National Financial, Inc. makes no representations or warranties that any services provided to you by it or the Website, or any services offered in connection with the Website are or will remain uninterrupted or error-free, that defects will be corrected, or that the web pages on or accessed through the Website, or the servers used in connection with the Website, are or will remain free from any viruses, worms, time bombs, drop dead devices, Trojan horses or other harmful components. Any liability of Fidelity National Financial, Inc. and your exclusive remedy with respect to the use of any product or service provided by Fidelity National Financial, Inc. including on or accessed through the Website, will be the re-performance of such service found to be inadequate. Your Consent To This Privacy Notice By submitting Personal Information to FNF, you consent to the collection and use of information by us as specified above or as we otherwise see fit, in compliance with this Privacy Notice, unless you inform us otherwise by means of the procedure identified below. If we decide to change this Privacy Notice, we will make an effort to post those changes on the Website. Each time we collect information from you following any amendment of this Privacy Notice will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you may submit in any manner that we may choose without notice or compensation to you. If you have additional questions or comments, please let us know by sending your comments or requests to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer (888) 934-3354 privacy@fnf.com Copyright © 2015. Fidelity National Financial, Inc. All Rights Reserved. EFFECTIVE AS OF: MAY 1, 2015