HomeMy WebLinkAboutADM17-0010_title commitment_1497033420.pdf Customer Distribution
LandTitle` Our Order Number: V50047487-2
UNIME
—SiPICE 19457` Date: 06-06-2017
Property Address: 4193 SPRUCE WAY, VAIL, CO 81657
For Title Assistance
VAIL TITLE DEPARTMENT
610 WEST LIONSHEAD CIRCLE#300
VAIL,CO 81657
970-477-4500(phone)
970-476-4534(fax)
eaglecountyrequests@ltgc.com
PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS
Attorney for Seller PHILLIP ASHTON-HIRST
THE HULBERT LAW OFFICE, LLC ashtonhirstconstruction@gmail.com
Attention:TRACIE HULBERT Delivered via: Electronic Mail
PO BOX 7278
1760 AIRPORT RD. UNIT C
BRECKENRIDGE,CO 80424
970-453-2360(work)
tracie@hulbertlaw.com
Delivered via: Electronic Mail
GRAND TRAVERSE CONSULTING LLC ASHTON HIRST ARCHITECTURE
Attention:JOHN FEE Attention:CATHERINE ASHTON HIRST
5187 BLACK GORE DR UNIT 2 PO BOX 1601
VAIL,CO 81657 FRISCO,CO 80443
970-471-5737(work) 970-389-1468(work)
johnmfee@gmail.com catherine@ashtonhirstarchitecture.com
Delivered via: Electronic Mail Delivered via: Electronic Mail
LAND TITLE GUARANTEE COMPANY
Attention:SARAH DORMAN
610 WEST LIONSHEAD CIRCLE#300
VAIL,CO 81657
970-476-2251(work)
970-476-4534(work fax)
sdorman@ltgc.com
Delivered via: Electronic Mail
Land stile
GUA RANTES COMPANY
Seta 190
Land Title Guarantee Company
Estimate of Title Fees
Order Number: V50047487-2 Date: 06-06-2017
Property Address: 4193 SPRUCE WAY, VAIL, CO 81657
Buyer/Borrower: A BUYER TO BE DETERMINED
Seller: BOLIN SPRUCE WAY, LLC,A COLORADO LIMITED LIABILITY COMPANY
Visit Land Title's website at www.ltgc.com for directions to any of our offices.
Estimate of Title Insurance Fees
TBD Commitment $216.00
If Land Title Guarantee Company will be closing this transaction,the fees listed above will be collected at closing.
Total $216.00
THANK YOU FOR YOUR ORDER!
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number: V50047487-2
Customer Ref-Loan No.:
Property Address:
4193 SPRUCE WAY, VAIL, CO 81657
1. Effective Date:
06-01-2017 At 05:00:00
2. Policy to be Issued and Proposed Insured:
"TBD" Commitment $0.00
Proposed Insured:
A BUYER TO BE DETERMINED
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:
BOLIN SPRUCE WAY, LLC,A COLORADO LIMITED LIABILITY COMPANY
5. The Land referred to in this Commitment is described as follows:
***************************************************************
NOTE: THE FOLLOWING LEGAL DESCRIPTION IS PRELIMINARY AND IS SUBJECT TO CHANGE UPON
COMPLIANCE WITH THE REQUIREMENTS UNDER SCHEDULE B-1, HEREIN.
***************************************************************
LOT 12, BLOCK 9, BIGHORN SUBDIVISION THIRD ADDITION AMENDED PLAT,ACCORDING TO THE PLAT
RECORDED OCTOBER 4, 1963 AT RECEPTION NO. 98059, COUNTY OF EAGLE, STATE OF COLORADO.
Copyright 2006-2017 American Land Title Association. All Rights ReservedLAND IIILE
ASSOCIATION
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: V50047487-2
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. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF
THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED.
2. RECORD DULY EXECUTED AND ACKNOWLEDGED PLAT OF A RESUBDIVISION OF LOT 12, BLOCK 9,
BIGHORN SUBDIVISION, THIRD ADDITION AMENDED PLAT.
NOTE:A COPY OF SAID PLAT MUST BE SUBMITTED TO LAND TITLE GUARANTEE COMPANY PRIOR
TO RECORDATION. UPON RECEIPT AND REVIEW FURTHER REQUIREMENTS AND/OR EXCEPTIONS
MAY BE NECESSARY.
3. RECORDATION OF THE PARTY WALL AGREEMENT FOR A RESUBDIVISION OF LOT 12, BLOCK 9,
BIGHORN SUBDIVISION, THIRD ADDITION AMENDED PLAT.
4. FURNISH TO LAND TITLE GUARANTEE COMPANY THOSE SECTIONS OF THE FULLY EXECUTED
PARTNERSHIP AGREEMENT FOR RL BOLIN PROPERTIES, LTD.,ATEXAS LIMITED PARTNERSHIP
THAT DISCLOSE WHO MAY CONVEY,ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH
INTERESTS IN REAL PROPERTY FOR SAID ENTITY.
NOTE:ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION.
5. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF
RL BOLIN PROPERTIES, LTD.,A TEXAS LIMITED PARTNERSHIP AS A LIMITED PARTNERSHIP. 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.
6. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF
BOLIN SPRUCE WAY, 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.
7. WARRANTY DEED FROM BOLIN SPRUCE WAY, LLC,A COLORADO LIMITED LIABILITY COMPANY TO A
BUYER TO BE DETERMINED CONVEYING SUBJECT PROPERTY.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B-1
(Requirements)
Order Number: V50047487-2
The following are the requirements to be complied with:
NOTE:ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS
NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF
ANY,ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE
AND ANY AMENDMENTS THERETO.
Old Republic National Title Insurance Company
Schedule B-2
(Exceptions)
Order Number: V50047487-2
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.
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 NOVEMBER 17, 1902, IN BOOK 48 AT PAGE 492.
9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 17, 1902, IN BOOK 48,
AT PAGE 492 AND RECORDED NOVEMBER 22, 1939, IN BOOK 123 AT PAGE 625.
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 JULY 12, 1963, IN BOOK 175 AT
PAGE 135 AND AS AMENDED IN INSTRUMENT RECORDED APRIL 23, 1965, IN BOOK 187 AT PAGE
195.
11. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE
PLAT OF BIGHORN SUBDIVISION, THIRD ADDITION RECORDED OCTOBER 4, 1963, UNDER
RECEPTION NO. 98059.
12. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES
ON THE PLAT OF A RESUBDIVISION OF LOT,12, BLOCK 9, BIGHORN SUBDIVISION,
THIRD ADDITION AMENDED PLAT RECORDED
Old Republic National Title Insurance Company
Schedule B-2
(Exceptions)
Order Number: V50047487-2
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:
13. TERMS, CONDITIONS,AND PROVISIONS OF PARTY WALL 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
IF"
JOINT NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY,
Land I lL 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 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.
VIII LAND TITLE GUARANTEE COMPANY
LAND TITLE GUARANTEE COMPANY-GRAND JUNCTION
Land Title
ti. • : • ,L,: •., 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 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-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 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 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.
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.
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.
Issued by: ,,,,,, Old Republic National Title Insurance Company
Land Title Guarantee Company �� 4 TITS •� a Stock Company
3033 East First Avenue r— F
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Suite 600 ...•‘4.• * 4 ", Minneapolis,Minnesota 55401
Denver,Colorado 80206 srp (612)371-1111
303-321-1880 =C? * cit *
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John E.Freyer,Jr . NY+, ;L * President
LAND TITLE
President ' Q70
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Ramie Yeager
Secretary