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HomeMy WebLinkAboutB16-0126 title report.pdf~ Land1itle <; ... si.,-..-rrr r<if.,f'\t,;v -S.iw..·,1t,tf.:-- Order Number: V50046733-5 Land Title Guarantee Company Customer Distribution Date: 04/12/2017 Property Address: 610 W LIONSHEAD CIR# 515, VAIL, CO 81657 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance Cindy Denney 0090 BENCHMARK RD #205 AVON, CO 81620 (970) 748-4783 (Work) (970) 524-9474 (Home) (877) 261-1631 (Work Fax) cdenney@ltgc.com Company License: C044565 Buyer /Borrower MONTY JAMES AND JILL JAMES Delivered via: Electronic Mail Seller/Owner ALTER VAIL VENTURES LLC Attention: MICHAEL ALTER Delivered via: Electronic Mail Agent for Buyer SLIFER SMITH & FRAMPTON Attention: DEBBIE GIBSON CURTIS ONE VAIL RD VAIL, CO 81657 (970) 748-5420 (Work) (970) 748-5421 (Work Fax) dgibson@slifer.net Delivered via: Electronic Mail Closer's Assistant Allison Benoit For Title Assistance Vail Title Department 0090 BENCHMARK RD #205 AVON, CO 81620 610 WEST LION SHEAD CIRCLE #300 VAIL, CO 81657 (970) 748-4795 (Work) (877) 268-4173 (Work Fax) abenoit@ltgc.com Company License: C044565 (970) 477-4500 (Work) eaglecountyreguests@ltgc.com Lender -New Loan BANK OF AMERICA Attention: CHRISTOPHER GEORGE (646) 556-3971 (Work) (646) 822-5713 (Work Fax) christopher.t.george@bankofamerica.com Delivered via: Electronic Mail Attorney for Seller HUTCHISON LAW FIRM LLC Attention: ANN HUTCHISON 520 COTION RANCH DR GYPSUM, CO 81637 (970) 431-7838 (Work) (970) 431-7851 (Work Fax) ann@hutchisonlawfirm.com Delivered via: Electronic Mail 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 Agent for Seller SLIFER SMITH & FRAMPTON Attention: HILLARY MCSPADDEN 230 BRIDGE ST VAIL, CO 81657 (970) 476-2421 (Work) (970) 476-2658 (Work Fax) hmcspadden@slifer.net Delivered via: Electronic Mail SLIFER SMITH & FRAMPTON-AVON Attention: NIKKI LITTLE 0090 BENCHMARK RD #105 AVON, CO 81620 (970) 748-5527 (Work) (855) 207-0347 (Work Fax) nlittle@slifer.net Delivered via: Electronic Mail ~ Land Title t"; '.\R, ... -rrr rMtr'-.\f\·~· -.1\J'n.,r,fi;-- Order Number: Property Address: Buyer/Borrower: Seller: V50046733-5 Land Title Guarantee Company Estimate of Title Fees 610 W LIONSHEAD CIR# 515, VAIL, CO 81657 MONTY JAMES AND JILL JAMES ALTER VAIL VENTURES L.L.C., A DELAWARE LIMITED LIABILITY COMPANY v· "t La d T I ' W bs" f d" ff ISi n 1tes e 1te at YiYf:N.. tgQ,QQ[!J or 1rect1ons to any o our o ices. Estimate of Title insurance Fees "ALTA" Owner's Policy 06-17-06 Deletion of Standard Exception(s) "ALTA" Loan Policy 06-17-06 Bundled Purchase Loan Rate Endorsement 100-06 Endorsement AL TA 8.1-06 Endorsement ALTA 4-06 (115.1-06) Endorsement AL TA 6-06 Endorsement 100.33-06 Deletion of Standard Exception(s) Tax Certificate Date: 04112/2017 $4,155.00 $65.00 .$.551100 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total S4,770,00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! CHAIN OF TITLE DOCUMENTS:• Eagle county recorded 10/21/2008 under reception no 200822619 PLAT MAP: • Eagle county recorded 04/15/2010 under reception no 201007086 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Customer Ref-Loan No.: Property Address: 610W LIONSHEAD CIR# 515, VAIL, CO 81657 1. Effective Date: 04/0612017 at 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "ALTA" Owner's Policy 06-17-06 Proposed Insured: MONTY JAMES AND JILL JAMES "ALTA" Loan Policy 06-17-06 Bundled Purchase Loan Rate Proposed Insured: BANK OF AMERICA, N.A., ITS SUCCESSORS AND/OR ASSIGNS AS THEIR INTERESTS MAY APPEAR Order Number: ¥50046733-5 $2,070,000.00 $1,000,000.00 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: ALTER VAIL VENTURES L.L.C., A DELAWARE LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: CONDOMINIUM UNIT 515, LANDMARK-VAIL CONDOMINIUMS, ACCORDING TO THE SECOND AMENDMENT TO THE CONDOMINIUM PLAT LANDMARK-VAIL CONDOMINIUMS RECORDED APRIL 15, 2010 AT RECEPTION NO. 201007086, AND THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ESTABLISHING A PLAN FOR CONDOMINIUM OWNERSHIP OF LANDMARK-VAIL CONDOMINIUMS, RECORDED JULY 17, 1973, IN BOOK 230 AT PAGEJ.2a, AS AMENDED AND SUPPLEMENTED INCLUDING BY THE SIXTH AMENDMENT AND SUPPLEMENT THERETO RECORDED APRIL 15, 2010 AT RECEPTION NO. 201007088 COUNTY OF EAGLE, STATE OF COLORADO. Copyright 2006-2017 American Land Title Association. All rights reserved. The use of this Form is restricted to AL TA licensees and AL TA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AMERICAN LAND HILE ASIOCIA TION Order Number: Y50046733-5 AL TA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) 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 lnstrument(s) creating the estate or interest to be insured must be executed and duly flied for record, to-wit: 1. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED. 2. (THIS ITEM WAS INTENTIONALLY DELETED) 3. WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR ALTER VAIL VENTURES L.L.C., A DELAWARE LIMITED LIABILITY COMPANY RECORDED SEPTEMBER 8, 2016 AT RECEPTION NO. 201614486 IS CURRENT. NOTE: SAID INSTRUMENT DISCLOSES AL TEA VAIL VENTURES MANAGER, INC. AS IT'S MANAGER, BY HOWARD GRILL, VICE PRESIDENT 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. 4. PARTIAL RELEASE OF DEED OF TRUST DATED SEPTEMBER 29, 2015 FROM ALTER VAIL VENTURES L.L.C., A DELAWARE LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF BYLINE BANK TO SECURE THE SUM OF $3,500,000.00 RECORDED SEPTEMBER 29, 2015, UNDER RECEPTION NO. 201518427. 5. TERMINATION OF FINANCING STATEMENT BY BYLINE BANK, THE SECURED PARTY, RECORDED OCTOBER 09, 2015, UNDER RECEPTION NO. 201519267. 6. WARRANTY DEED FROM ALTER VAIL VENTURES L.L.C., A DELAWARE LIMITED LIABILITY COMPANY TO MONTY JAMES AND JILL JAMES CONVEYING SUBJECT PROPERTY. 7. DEED OF TRUST FROM MONTY JAMES AND JILL JAMES TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF BANK OF AMERICA, N.A. TO SECURE THE SUM OF $1,000,000.00. NOTE: ITEMS 1-3 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED FROM THE MORTGAGEE'S POLICY. ITEM 4 OF THE STANDARD EXCEPTIONS WILL BE DELETED UPON RECEIPT OF A SATISFACTORY LIEN AFFIDAVIT. FORM 100 WILL BE ATTACHED TO THE MORTGAGEE'S POLICY WHEN ISSUED. NOTE: ALL PARTIES WILL BE REQUIRED TO SIGN THE LIEN AFFIDAVIT AT CLOSING. Order Number: V50046733-5 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) The following are the requirements to be complied with: REQUIREMENTS TO PROVIDE COVERAGE IN THE MORTGAGEE'S POLICY TO BE ISSUED A. IF LAND TITLE GUARANTEE CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTIONS AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH, EXCEPTION NO. 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED. B. UPON RECEIPT OF PROOF OF PAYMENT OF ALL PRIOR YEARS' TAXES AND ASSESSMENTS, EXCEPTION NO. 6 OF THE STANDARD EXCEPTIONS WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2017 AND SUBSEQUENT YEARS. REQUIREMENTS TO PROVIDE OWNER'S COVERAGE IN THE OWNER'S POLICY TO BE ISSUED A. UPON RECEIPT BY THE COMPANY OF A SATISFACTORY FINAL AFFIDAVIT AND AGREEMENT FROM THE SELLER AND PROPOSED INSURED, EXCEPTIONS 1 THROUGH 4 OF THE STANDARD EXCEPTIONS WILL BE DELETED. ANY ADVERSE MATIERS DISCLOSED BY THE FINAL AFFIDAVIT AND AGREEMENT WILL BE ADDED AS EXCEPTIONS. B. IF LAND TITLE GUARANTEE CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTIONS AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH, EXCEPTION NO. 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED. C. UPON RECEIPT OF PROOF OF PAYMENT OF ALL PRIOR YEARS' TAXES AND ASSESSMENTS, EXCEPTION NO. 6 OF THE STANDARD EXCEPTIONS WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2il1Z AND SUBSEQUENT YEARS. C. ITEM NOS. 7(A) AND 7(B) OF THE STANDARD EXCEPTIONS WILL BE DELETED FROM THE MORTGAGEES POLICY WHEN ISSUED. 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. Order Number: V50046733-5 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-2 (Exceptions} The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the sattsfaction 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. 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 MAY 24, 1904 IN BOOK 48 AT PAGE.5!13.AND RECORDED JULY 13, 1939 IN BOOK 123 AT PAGE .fill. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 24, 1904 IN BOOK 48 AT PAGE 50.3.AND RECORDED JULY 13, 1939 IN BOOK 123 AT PAGE.fill. 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 OCTOBER 15, 1971, IN BOOK 221 AT PAGE~. Order Number: ¥50046733-5 AL TA COMMITMENT Old Republic National Title Insurance Company Schedule B-2 (Exceptions} 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: 11. THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS, AND RESTRICTIONS, WHICH ARE A BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A, BUT OMITIING 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 PERMITIED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED JULY 17, 1973, IN BOOK230 AT PAGE~ANDAS AMENDED IN INSTRUMENT RECORDED SEPTEMBER 17, 1973, IN BOOK 231 AT PAGE ill AND AS AMENDED IN INSTRUMENT RECORDED FEBRUARY 08, 1974, IN BOOK 233 AT PAGE~AND AS AMENDED IN INSTRUMENT RECORDED SEPTEMBER 23, 1974 IN BOOK 236 AT PAGE 513.. AND AS AMENDED IN INSTRUMENT RECORDED SEPTEMBER 13, 2006 UNDER RECEPTION NO. 200625045 AND AS AMENDED IN INSTRUMENT RECORDED OCTOBER 21, 2008 UNDER RECEPTION NO. 200822616. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR EXPANSION PROPERTY RECORDED OCTOBER 21, 2008 UNDER RECEPTION NO. 200822618 AND AMENDMENT RECORDED APRIL 15, 2010 RECEPTION NO. 201007088. NOTE: ASSIGNMENT AND TRANSFER OF RESERVED RIGHTS RECORDED OCTOBER 21, 2008 UNDER RECEPTION NO. 200822620 12. EASEMENTS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE CONDOMINIUM MAP OF LANDMARK CONDOMINIUMS RECORDED NOVEMBER 01, 1974 IN BOOK 237 AT PAGE ill AND SUPPLEMENT RECORDED MARCH 11, 1975 IN BOOK 238 AT PAGE lll.8.AND AS AMENDED IN INSTRUMENT RECORDED OCTOBER 21, 2008 UNDER RECEPTION NO. 200822617 AND AS AMENDED IN INSTRUMENT RECORDED APRIL 15, 2010 UNDER RECEPTION NO. 201007086. 13. TERMS, CONDITIONS AND PROVISIONS OF CONVEYANCE OF EASEMENT RECORDED FEBRUARY 21, 1984 IN BOOK 378 AT PAGE filM.. 14. TERMS, CONDITIONS AND PROVISIONS OF CABLE TELEVISION EASEMENT AND MAINTENANCE AGREEMENT RECORDED JUNE 08, 1994 IN BOOK 642 AT PAGE 33.Z. 15. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT (DRAINAGE) TO THE TOWN OF VAIL RECORDED NOVEMBER 21, 2005 AT RECEPTION NO.~. 16. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT (SURFACE IMPROVEMENTS) TO THE TOWN OF VAIL RECORDED NOVEMBER 21, 2005 AT RECEPTION NO.~. 17. TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT RECORDED JULY 06, 2007 AT RECEPTION NO. 200718013. 18. TERMS, CONDITIONS AND PROVISIONS OF CONSTRUCTION LICENSE AGREEMENT RECORDED AUGUST 13, 2008 AT RECEPTION NO. 200817112. 19. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT FOR CONSTRUCTION STAGING AND ACCESS RECORDED OCTOBER 21, 2008 AT RECEPTION NO. 200822621. Order Number: V50046733-5 AL TA COMMITMENT Old Republic National Title Insurance Company Schedule B-2 (Exceptions) The policy or policies to be Issued wlll contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 20. TERMS, CONDITIONS AND PROVISIONS OF CONSENT AND AGREEMENT RECORDED OCTOBER 21, 2008 AT RECEPTION NO. 200822622. 21. TERMS, CONDITIONS AND PROVISIONS OF POOL AND DECK COVENANT RECORDED APRIL 24, 2009 AT RECEPTION NO. 200907532. 22. TERMS, CONDITIONS AND PROVISIONS OF SIDEWALK/STREETSCAPE & SNOWMELT MAINTENCE AGREEMENT RECORDED NOVEMBER 30, 2009 AT RECEPTION NO. 200925285. 23. TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED FEBRUARY 04, 2010 AT RECEPTION NO. 201002180. 24. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED AUGUST 11, 2010 AT RECEPTION NO. 201015739. 25. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED JUNE 09, 2016 AT RECEPTION NO. 201608761. 26. TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED JUNE 10, 2016 AT RECEPTION NO. 201608870. (ITEMS #25 & #26 AFFECT COMMON AREA) ~ Land Title c -1.p,,"Trr ((';Mr·\,..;~· -Sl11.:t!t?t•:--- 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 trucing district. (B) A certificate of truces due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (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 8-1-2 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. (8) 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 affidait 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 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 disclosing that a mineral estate has been severed from the surface estate, in Schedule B-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 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. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. ~ Land Title C' .\R\'•<Tf"'" fDMM,.,.,,. -Sit1u1111ti:--- JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY -GRAND JUNCTION, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY 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 assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. .. * • * .. Commitment to Insure ALT A Commitment -2006 Rev. * * OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company), fora valuable consideratk>n, commits to issue Its policy or policies of tltle insurance, as identltied 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 descrtbed 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 Band 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 liabillty and obligation under this commitment shall cease and terminate six months alter the Effective Date or when the policy or policies committed for shall issue, whichever first oocurs, provkled 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 liabillty 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. Liabillty 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 llablllty 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 tltle insurance policies and is not an abstract of tltle or a report of the condition of tltle. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company artsing out of the status of the tltle 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. Ali 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 Exciuslons 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 inspectk>n of the Land would disclose and which are not shown by the Public Records. 4. Any lien, or right to a lien, for seivices, 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, It any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prier 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, Okl Republic National Tltle 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. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 ~.e~- President AMERICAN LAND TITLE ASSOCIATION ALTA COMMITMENT FORM Adopted Copyright 2006- 2017 American Land Title Associatl>n. Al rights reserved. Old Republic National Title Insurance Company, a Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 (612)371-1111 r/J~ Mark Bilbrey, President ~- Rande Yeager, Secretary AMERICAN l.ANllllfll A\\OUATION