HomeMy WebLinkAboutDRB16-0468 Title Commitment.pdf IF"
Customer Distribution
LandTitle` Our Order Number: ABN50044945
UNIME
—SiPICE 1967` Date: 09-20-2016
Property Address: 100 E MEADOW DR.AKA UNITS 7A, 8, 21 AND 22 VAIL VILLAGE PLAZA, VAIL, CO 81657
For Closing Assistance For Title Assistance
Kathryn Kuchler BILL BRENDEMUHL
0090 BENCHMARK RD#205 5975 GREENWOOD PLAZA BLVD
PO BOX 3480 GREENWOOD VILLAGE,CO 80111
AVON, CO 81620 303-850-4195(phone)
970-748-4782(phone) 303-393-4842(fax)
866-358-6634(fax) bbrendemuhl@ltgc.com
kkuchler@ltgc.com
Company License:C044565
Contact License:CO281402
PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS
Buyer/Borrower Attorney for Seller
100 EAST MEADOW DRIVE, LLC LARSEN&LYNCH LLC
Delivered via: Delivered by Realtor Attention: DIANE LARSEN
175 MAIN STREET
UNIT C-104
EDWARDS,CO 81632
970-926-9100(work)
970-926-9101(work fax)
dlarsen@larsenlynch.com
Delivered via: Electronic Mail
Seller/Owner Attorney for Buyer
AJW PROPERTIES II, LLC,A COLORADO LIMITED LIABILITY SOLARIS REAL ESTATE LLC
COMPANY Attention: RYAN SMITH
2910 BOOTH CREEK DR 141 E MEADOW DR#211
VAIL,CO 81657 VAIL,CO 81657
axel@axelsltd.com 303-888-0969(phone)
Delivered via: Electronic Mail 970-476-1271(work)
970-479-6666(work fax)
ryan@solarisvail.com
Delivered via: Electronic Mail
Agent for Buyer
SOLARIS PROPERTY OWNER LLC
Attention: DAN WALLACE
141 E MEADOW DR#211
VAIL,CO 81657
970-479-6000(work)
970-479-6666(work fax)
dan@solarisvail.com
Delivered via: Electronic Mail
Land stile
GUA RANTES COMPANY
Si7Ct 190
Land Title Guarantee Company
Estimate of Title Fees
Order Number: ABN50044945 Date: 09-20-2016
Property Address: 100 E MEADOW DR.AKA UNITS 7A, 8, 21 AND 22 VAIL VILLAGE PLAZA, VAIL, CO 81657
Buyer/Borrower: 100 EAST MEADOW DRIVE, LLC
Seller: AJW PROPERTIES II 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
ALTA Owners Policy 06-17-06 $2,592.00
Deletion of General Exceptions 1-4 $75.00
Tax Certificate $26.00
If Land Title Guarantee Company will be closing this transaction,the fees listed above will be collected at closing.
Total $2,693.00
THANK YOU FOR YOUR ORDER!
ALTA COMMITMENT
First American Title Insurance Company
Schedule A
Order Number: ABN50044945
Customer Ref-Loan No.:
Property Address:
100 E MEADOW DR.AKA UNITS 7A, 8, 21 AND 22 VAIL VILLAGE PLAZA, VAIL, CO 81657
1. Effective Date:
08-10-2016 At 5:00 P.M.
2. Policy to be Issued and Proposed Insured:
"ALTA" Owner's Policy 06-17-06 $2,500,000.00
Proposed Insured:
100 EAST MEADOW DRIVE, LLC
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:
AJW PROPERTIES II LLC,A COLORADO LIMITED LIABILITY COMPANY
5. The Land referred to in this Commitment is described as follows:
CONDOMINIUM UNITS 7A, 8, 21 AND 22, VAIL VILLAGE PLAZA CONDOMINIUMS,ACCORDING TO THE
AMENDED CONDOMINIUM MAP THEREOF RECORDED OCTOBER 3, 1985 IN BOOK 426 AT PAGE 609,
AND THE SECOND AMENDMENT TO AMENDED CONDOMINIUM MAP FOR VAIL VILLAGE PLAZA
CONDOMINIUMS RECORDED MARCH 29, 1990 IN BOOK 525 AT PAGE 641 AND FOURTH AMENDED
CONDOMINIUM MAP FOR VAIL VILLAGE PLAZA RECORDED DECEMBER 19, 2008 UNDER RECEPTION
NO. 200826813,AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED
NOVEMBER 19, 1984 IN BOOK 400 AT PAGE 202, THE FIRST AMENDMENT THERETO RECORDED
DECEMBER 27, 1989 IN BOOK 520 AT PAGE 306, THE SECOND AMENDMENT THERETO RECORDED
MARCH 29, 1990 IN BOOK 525 AT PAGE 640,AND THIRD AMENDMENT THERETO RECORDED JANUARY
15, 1991 IN BOOK 545 AT PAGE 696,AND FOURTH AMENDMENT AMENDMENT RECORDED DECEMBER
19, 2008 UNDER RECEPTION NO. 200826814, COUNTY OF EAGLE, STATE OF COLORADO.
Copyright 2006-2016 American Land Title Association. All Rights ReservedME-
LAND TITLE
ASSOC.ION
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date
of use. All other uses are prohibited.Reprinted under license from the American Land Title Association.
ALTA COMMITMENT
First American Title Insurance Company
Schedule B Section 1
(Requirements)
Order Number: ABN50044945
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the
estate or interest to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly
filed for record, to-wit:
Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject
premises which are due and payable.
Item (d)Additional requirements, if any disclosed below:
1. CERTIFICATE OF GOOD STANDING OF 100 EAST MEADOW DRIVE, LLC, ISSUED BY THE SECRETARY
OF STATE OF COLORADO.
NOTE: SAID 100 EAST MEADOW DRIVE, LLC IS CURRENTLY NOT LISTED IN SAID SECRETARY OF
STATE RECORDS.
2. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF
100 EAST MEADOW DRIVE, LLC 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.
3. A FULL COPY OF THE FULLY EXECUTED OPERATING AGREEMENT AND ANY AND ALL AMENDMENTS
THERETO FOR 100 EAST MEADOW DRIVE, LLC MUST BE FURNISHED TO LAND TITLE GUARANTEE
COMPANY. SAID AGREEMENT MUST 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.
4. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF
THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED.
5. SATISFACTORY EVIDENCE THAT ALL CONDOMINIUM ASSESSMENT LIENS AND CHARGES IMPOSED
UPON THE SUBJECT PROPERTY BY THE COVENANTS, CONDITIONS AND RESTRICTIONS
REFERENCED HEREIN UNDER SCHEDULE B-2 ARE PAID CURRENT.
6. WARRANTY DEED FROM AJW PROPERTIES II LLC,A COLORADO LIMITED LIABILITY COMPANY TO
100 EAST MEADOW DRIVE, LLC CONVEYING SUBJECT PROPERTY.
NOTE: OPERATING AGREEMENT AND STATEMENT OF AUTHORITY FOR AJW PROPERTIES II, LLC,A
COLORADO LIMITED LIABILITY COMPANY RECORDED MAY 11, 2015 UNDER RECEPTION NO.
201508263 DISCLOSES AXEL WILHELMSEN AS THE MANAGER WHO MUST EXECUTE DOCUMENTS
ON BEHALF OF SAID ENTITY.
ALTA COMMITMENT
First American Title Insurance Company
Schedule B Section 1
(Requirements)
Order Number: ABN50044945
The following are the requirements to be complied with:
NOTE: ITEMS 1-3 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED.
NOTE: ITEM 4 OF THE STANDARD EXCEPTIONS WILL BE DELETED UPON RECEIPT OF A NOTARIZED
FINAL LIEN AFFIDAVIT.
NOTE: ITEM 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE
COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S)AND RECORDS
THE DOCUMENTS IN CONNECTION THEREWITH.
NOTE: UPON PROOF OF PAYMENT OF 2015 TAXES, ITEM 6 WILL BE AMENDED TO READ:
TAXES AND ASSESSMENTS FOR THE YEAR 2015,AND SUBSEQUENT YEARS, NOT YET DUE OR
PAYABLE.
First American Title Insurance Company
Schedule B Section 2
(Exceptions)
Order Number: ABN50044945
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the
satisfaction of the Company:
1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the
Land.
2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title
that would be disclosed by an accurate and complete land survey of the Land and not shown by the
Public Records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed
by law and not shown by the Public Records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date of the
proposed insured acquires of record for value the estate or interest or mortgage thereon covered by
this Commitment.
6. Any and all unpaid taxes, assessments and unredeemed tax sales.
7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
8. EXISTING LEASES AND TENANCIES, IF ANY.
9. RIGHT OF PROPRIETOR OFA 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 JULY 12, 1899, IN BOOK 48 AT PAGE 475.
10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 12, 1899, IN BOOK 48 AT PAGE
475.
11. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT
OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION,
SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP,
NATIONAL ORIGIN,ANCESTRY, OR SOURCE OF INCOME,AS SET FORTH IN APPLICABLE STATE OR
FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED
BY APPLICABLE LAW,AS CONTAINED IN INSTRUMENT RECORDED AUGUST 10, 1962, IN BOOK 174
AT PAGE 179.
12. RECIPROCAL EASEMENT AGREEMENT BETWEEN VAIL VILLAGE INN,A COLORADO CORPORATION,
JAMM LTD., A COLORADO LIMITED PARTNERSHIP AND VAIL VILLAGE INN ASSOCIATES,A
COLORADO GENERAL PARTNERSHIP RECORDED JANUARY 3, 1983 IN BOOK 351 AT PAGE 324.
13. UTILITY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT
RECORDED JANUARY 21, 1983, IN BOOK 352 AT PAGE 396.
14. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED SEPTEMBER 9, 1983 IN BOOK
367 AT PAGE 833.
First American Title Insurance Company
Schedule B Section 2
(Exceptions)
Order Number: ABN50044945
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:
15. TERMS, PROVISIONS AND CONDITIONS OF DECLARATION CONCERNING PARKING RECORDED
JULY 10, 1984 IN BOOK 388 AT PAGE 856.
16. UTILITY EASEMENT 20 FEET IN WIDTH ALONG THE WEST LOT LINE OF LOT 0, BLOCK 5-D, VAIL
VILLAGE FIRST FILING,AS SHOWN ON THE CONDOMINIUM MAP FOR VAIL VILLAGE PLAZA
CONDOMINIUMS RECORDED OCTOBER 3, 1985 IN BOOK 426 AT PAGE 609.
17. ENCROACHMENT OF PATIO AND ROOF OVERHANG ONTO EAST MEADOW DRIVE AS SHOWN AND
DESCRIBED ON THE CONDOMINIUM MAP FOR VAIL VILLAGE PLAZA CONDOMINIUMS.
NOTE: TOWN OF VAIL PERMIT TO ERECT OR MAINTAIN A STRUCTURE ON A PUBLIC RIGHT OF WAY
RECORDED JULY 26, 1984 IN BOOK 390 AT PAGE 746.
18. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE
CONDOMINIUM MAPS OF VAIL VILLAGE PLAZA CONDOMINIUMS RECORDED NOVEMBER 19, 1984
ON BOOK 400 AT PAGE 203 AND AMENDED MAP RECORDED OCTOBER 3, 1985 IN BOOK 426 AT
PAGE 609 AND FIRST AMENDMENT RECORDED DECEMBER 27, 1989 UNDER RECEPTION NO.
416476 AND SECOND AMENDMENT RECORDED MARCH 29, 1990 UNDER RECEPTION NO. 421805
AND THIRD AMENDMENT RECORDED AUGUST 3, 2005 UNDER RECEPTION NO. 924822 AND
FOURTH AMENDMENT RECORDED DECEMBER 19, 2008 UNDER RECEPTION NO. 200826813 AND
FIFTH AMENDMENT RECORDED DECEMBER 28, 2010 UNDER RECEPTION NO. 201026270.
SIXTH AMENDMENT TO THE CONDOMINIUM MAP RECORDED DECEMBER 5, 2014 UNDER
RECEPTION NO. 201421063.
NOTE: NOTICE OF COVENANT VIOLATION, UNAUTHORIZED RECORDATION IN CONNECTION WITH
THE SAID CONDOMINIUM MAP RECORDED MARCH 12, 2015 UNDER RECEPTION NO. 201504326.
19. THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS AND RESTRICTIONS, WHICH
ARE A BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A,AS CONTAINED IN
INSTRUMENT RECORDED NOVEMBER 19, 1984, IN BOOK 400 AT PAGE 202, RATIFICATION
THERETO RECORDED MARCH 8, 1990 IN BOOK 524 AT PAGE 113; FIRST AMENDMENT TO
CONDOMINIUM DECLARATION RECORDED DECEMBER 27, 1989 IN BOOK 520 AT PAGE 306;
SECOND AMENDMENT TO CONDOMINIUM DECLARATION RECORDED MARCH 29, 1990 IN BOOK
525 AT PAGE 640; THIRD AMENDMENT TO CONDOMINIUM DECLARATION RECORDED JANUARY 15,
1991 IN BOOK 545 AT PAGE 696; FOURTH AMENDMENT RECORDED AUGUST 3, 2005 UNDER
RECEPTION NO. 924820; FIFTH AMENDMENT RECORDED DECEMBER 19, 2008 UNDER RECEPTION
NO. 200826183; SIXTH AMENDMENT TO CONDOMINIUM DECLARATION RECORDED DECEMBER 28,
2010 UNDER RECEPTION NO. 201026270,AND SEVENTH AMENDMENT RECORDED DECEMBER 09,
2015 UNDER RECEPTION NO. 201522961.
ASSIGNMENT OF DECLARANT RIGHTS RECORDED JANUARY 20, 2010 UNDER RECEPTION NO.
201001124.
20. EASEMENT BETWEEN VAIL VILLAGE INN, INC.,A COLORADO CORPORATION,AND F & L VAIL
VILLAGE INN PARTNERSHIP,A COLORADO GENERAL PARTNERSHIP RECORDED JULY 10, 1984 IN
BOOK 388 AT PAGE 861.
NOTE: DECLARATION OF PARTIAL VACATION OF EASEMENT WAS RECORDED JULY 25, 1985 IN
BOOK 420 AT PAGE 741.
First American Title Insurance Company
Schedule B Section 2
(Exceptions)
Order Number: ABN50044945
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:
21. EASEMENT BETWEEN VILLAGE INN PLAZA CONDOMINIUM ASSOCIATION, A COLORADO NON-
PROFIT CORPORATION, VAIL VILLAGE INN, INC.,A COLORADO CORPORATION,AND F& L VAIL
VILLAGE PARTNERSHIP,A COLORADO GENERAL PARTNERSHIP RECORDED JULY 10, 1984 IN
BOOK 388 AT PAGE 862.
22. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT REGARDING CONDOMINIUM MAP AND
DECLARATION RECORDED AUGUST 03, 2005 AT RECEPTION NO. 924824.
23. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF EASEMENT RECORDED AUGUST 22,
2005 AT RECEPTION NO. 926866.
24. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT FOR COVENANTS RECORDED AUGUST
22, 2005 AT RECEPTION NO. 926872.
25. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH
AND GRANTED IN AGREEMENT AND GRANT OF TEMPORARY EASEMENT REGARDING
STREETSCAPE UTILITY AND SNOWMELT IMPROVEMENTS RECORDED OCTOBER 23, 2006 UNDER
RECEPTION NO. 200628984.
26. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN
ENCROACHMENT AGREEMENT RECORDED APRIL 27, 2007 UNDER RECEPTION NO. 200710768.
27. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH
AND GRANTED IN ENCROACHMENT AGREEMENT FOR UTILITIES EASEMENT AT VAIL PLAZA
RECORDED APRIL 27, 2007 UNDER RECEPTION NO. 200710770.
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.
If• ie First American Title""
Privacy Information
We are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future,we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information
-particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore,together with our subsidiaries we
have adopted this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source,such as
information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First
American calls these guidelines its Fair Information Values.
Types of Information
Depending upon which of our services you are utilizing,the types of nonpublic personal information that we may collect include:
• Information we receive from you on applications,forms and in other communications to us,whether in writing,in person,by telephone or any other means;
• Information about your transactions with us,our affiliated companies,or others,and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any non affiliated party. Therefore,we will not release your information to non affiliated parties
except:(1)as necessary for us to provide the product or service you have requested to us;or(2)as permitted by law.We may,however,store such information indefinitely,including the period after
which any customer relationship has ceased. Such information may be used for any internal purpose,such as quality control efforts or customer analysis. We may also provide all of the types of
nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers,such as title insurers,property and casualty
insurers,and trust and investment advisory companies,or companies involved in real estate services,such as appraisal companies,home warranty companies,and escrow companies.Furthermore,we
may also provide all the information we collect,as described above,to companies that perform marketing services on our behalf,on behalf of our affiliated companies,or to other financial institutions
with whom we or our affiliated companies have joint marketing agreements.
Former Customers
Even if you are no longer our customer,our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and
entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and in accordance with this Privacy Policy and First American's Fair Information values. We currently maintain physical,electronic,and procedural safeguards that comply with
referral regulations to guard your nonpublic personal information.
Information Obtained Through Our Web Site
First American Financial Corporation is sensitive to privacy issues on the Internet.We believe it is important you know how we treat the information about you we receive on the Internet.In general,you
can visit First American or its affiliates'Web sites o the World Wide Web without telling us how you are or revealing any information about yourself.Our Web servers collect the domain names,not the e-
mail addresses,of visitors.This information is aggregated to measure the number of visits,average time spent on the side,pages viewed and similar information.First American uses this information to
measure the use of our side and to develop ideas to improve the content of our site.There are times,however,when we may need information from you,such as your name and email address.When
information is needed,we will use our best efforts to let you know at the time of collection how we will use the person information.Usually,the personal information we collect is used only by us to
respond to your inquiry,process and order or allow you to access specific account/profile information.If you choose to share any personal information with us,we sill only use it in accordance with the
policies outlined above.
Business Relationships
First American Financial Corporation's site and its affiliates'sites may contain links to other Web sites.While we try to link only to sites that share our high standards and respect for privacy,we are not
responsible for the content or the privacy practices employed by other sites.
Cookies
Some of First American's Web sites may make use of"cookie"technology to measure site activity and to customize information to your personal tastes.A cookie is an element of data that a Web site can
send to your browser,which may then store the cookie on your hard drive.FirstAm.com uses stored cookies.The goal of this technology is to better serve you when visiting our site,save you time when
you are here and to provide you with a more meaningful and productive Web site experience.
Fair Information Values
Fairness We consider consumer expectations about their privacy in all our businesses.We only offer products and services that assure a favorable balance between consumer benefits and consumer
privacy.
Public Record We believe that an open public record creates significant value for society,enhances consumer choice and creates consumer opportunity.We actively support an open public record and
emphasize its importance and contribution to our economy.
Use We believe we should behave responsibly when we use information about a consumer in our business.We will obey the laws governing he collection,use and dissemination of data.
Accuracy We will take reasonable steps to help assure the accuracy of the data we collect,use and disseminate.Where possible,we will take reasonable steps to correct inaccurate information.When,
as with the public record,we cannot correct inaccurate information,we will take all reasonable steps to assist consumers in indentifying the source of the erroneous data so that the consumer can
secure the required corrections.
Education We endeavor to educate the uses of our products and services,our employees and others in our industry about the importance of consumer privacy.We will instruct our employees on our
fair information values and on the responsible collection and use of data.We will encourage others in our industry to collect and use information in a responsible manner.
Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain.
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.
• "�`''°, Commitment for Title Insurance
FirstArnerican TtIe"" ISSUED BY
First American Title Insurance Company
FIRST AMERICAN 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 Schedules A and B and to
the Conditions of this Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule
A by the Company.
All liability and obligation under this Commitment shall cease and terminate six(6)months after the Effective Date or when the policy or policies committed for shall issue,
whichever first occurs,provided that the failure to issue the policy or policies is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory.
IN WITNESS WHEREOF,First American Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown
in Schedule A.
CONDITIONS
1. The term mortgage,when used herein,shall include deed of trust,trust deed,or other security instrument.
2. If the proposed Insured has or acquires actual knowledge of any defect,lien,encumbrance,adverse claim or the matter affecting the estate or interest or
mortgage thereon covered by this Commitment other than those shown in Schedule B hereof,and shall fail to disclose such knowledge to the Company in
writing,the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced
by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company,or if the Company otherwise acquires
actual knowledge of any such defect,lien encumbrance,adverse claim or other matter,the Company at its option may amend Schedule B of this Commitment
accordingly,but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and
Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of the Insured in
the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith(a)to comply with the requirements
hereof,or(b)to eliminate exceptions shown in Schedule B,or(c)to acquire or create the estate or interest or mortgage thereon covered by this Commitment.
In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring
provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed
Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein.
4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or
actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or
the status of The mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment.
5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is$2,000,000 or less shall be arbitrated at the
option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.org
Issued by: First American Title Insurance Company
Land Title Guarantee Company
3033 East First Avenue
Suite 600
Denver,Colorado 80206 303-321-1880 2)24,----t.:(77/14.2)71.4,
7 Dennis J.Gilmore AMERICAN
LAND TITLE
ASSOCIATION
John E.Freyer
President
Authorized Officer or Agent Jeffreys. Robinson
Secretary