HomeMy WebLinkAboutTitle Report_18.pdf 41111 TITLE COMPANY
of the rockies
18 W.Bawer Creels Blvd#221,P.O.Box 980
Avon,CO 81620-0980
Phone:(970)949-9497 Fax(970)949-9486
www.tit l ecorodci eacom
COMMITMENT TRANSMITTAL
Commitment Ordered By: Inquiries should be directed to:
Brad Foster
Foster Construction Title Company of the Rockies
1153 Squaw Creek Road 10 W.Beaver Creek Blvd#221,P.O.Box 980
PO Box 1952 Avon,CO 81620-0980
Edwards,CO 81632 Phone:(970)949-9497 Fax:(970)949-9486
Phone: 970-926-3202 Fax: email:
email:bfoster@fosterltd.com
Commitment Number: 0818169-C
Buyer's Name(s): To Be Determined
Seller's Name(s): Polly B.Lestikow and Mark S.Lestikow
Property: 5020 Main Gore Place#M4,Vail,CO 81657
Unit M-4,Gore Creek Meadows Condominiums,Eagle County,Colorado
COPIES/MAILING LIST
To Be Determined Polly B.Lestikow and Mark S.Lestikow
14009 East Fair Place
Centennial, CO 80111
Brad Foster
Foster Construction
1153 Squaw Creek Road
PO Box 1952
Edwards,CO 81632
Phone:970-926-3202
email: bfoster@fosterltd.com
Service Beyond Expectation in Colorado for:Eagle,Garfield,Grand,Pitkin and Summit Counties.(Limited Coverage:Jackson,Lake,Park and Routt Counties)
Locations I n:Avon/Beaver Creek,Basalt,Breckenridge,Granby,and Winter Park.(Closing Services available in Aspen and Glenwood Springs).
41111 TITLE COMPANY
of the rockies
10 .Beaver Creek Blvd#221,P.O.Box 980
Avon,CO 81620-0980
Phone:(970)949-9497 Fax:(970)949-9486
www.titlecorockies.com
Commitment Ordered By: Inquiries should be directed to:
Brad Foster
Foster Construction Title Company of the Rockies
1153 Squaw Creek Road 10 W.Beaver Creek Blvd#221,P.O.Box 980
PO Box 1952 Avon,CO 81620-0980
Edwards,CO 81632 Phone: (970)949-9497 Fax: (970)949-9486
Phone: 970-926-3202 Fax: email:
email:bfoster@fosterltd.com
Commitment Number: 0818169-C
Buyer's Name(s): To Be Determined
Seller's Name(s): Polly B.Lestikow and Mark S.Lestikow
Property: 5020 Main Gore Place#M4,Vail,CO 81657
Unit M-4,Gore Creek Meadows Condominiums,Eagle County,Colorado
TITLE CHARGES
These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance,and includes premiums
for the proposed coverage amount(s)and endorsement(s)referred to therein,and may also include additional work and/or third party charges
related thereto.
If applicable,the designation of"Buyer"and"Seller"shown below maybe based on traditional settlement practices in Eagle County,Colorado,
and/or certain terms of any contract,or other information provided with the Application for Title Insurance.
Owner's Policy Premium: $150.00
Loan Policy Premium:
Additional Lender Charge(s):
Additional Other Charge(s):
Tax Certificate:
Total Endorsement Charge(s):
TBD Charge(s):
TOTAL CHARGES: TBD$150.00
Service Beyond Expectation in Colorado for:Eagle,Garfield,Grand,Pitkin and Summit Counties.(Limited Coverage:Jackson,Lake,Park and Routt Counties)
Locations I n:Avon/Beaver Creek,Basalt,Breckenridge,Granby,and Winter Park(Closing Services available in Aspen and Glenwood Springs).
ALTA Commitment Form(6-17-06)
COMMITMENT FOR TITLE INSURANCE
WESTCOR4 ISSUED BY
Land Title Insurance Company WESTCOR LAND
TITLE INSURANCE COMPANY
Westcor Land Title Insurance Company, a California corporation ("Company"), for a valuable
consideration, commits to issue its policy or policies of title insurance, as identified in
Schedule A, in favor of the Proposed Insured named in Schedule A , as owner or mortgagee of
the estate or interest in the land described or referred to in Schedule A, upon payment of the
premiums and charges and compliance with the Requirements; all subject to the provisions of
Schedules A and B and to the Conditions of this Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the
amount of the policy or policies committed for have been inserted in Schedule A by the
Company.
All liability and obligation under this Commitment shall cease and terminate six (6)months
after the Effective Date or when the policy or policies committed for shall issue,whichever
first occurs, provided that the failure to issue the policy or policies is not the fault of the
Company.
The Company will provide a sample of the policy form upon request.
IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused
its corporate name and seal to be hereunto affixed and by these presents to be signed in
facsimile under authority of its by-laws, effective as of the date of Commitment shown in
Schedule A.
Issued By:
'llll TITLE COMPANY WESTCOR TITLE INSURANCE COMPANY
of the rockies HOME OFFICE
201 N.New York Avenue,Suite 200
The Title Company of the Rockies Winter Park,Florida 32789
10 W Beaver Creek Blvd.,Suite 221,PO Box 980 Telephone:(407)629-5842
Avon,CO 81620-0980 ,p,� 11 : llet; ' 1 1.
Phone:(970)949-9497 •
A11!!1:_ tat-teitat
CM-2(ALTA Commitment for Title Insurance(6-17-06) (WLTIC Edition(9/26/07)
COMMITMENT for TITLE INSURANCE
issued by
rIillIITITLE COMPANY
of the rockies
as agent for
WESTCOR LAND TITLE INSURANCE COMPANY
Reference: Commitment Number: 0818169-C
Commitment Ordered By: Inquiries should be directed to:
Brad Foster
Foster Construction Title Company of the Rockies
1153 Squaw Creek Road 10 W.Beaver Creek Blvd#221,P.O.Box 980
PO Box 1952 Avon,CO 81620-0980
Edwards,CO 81632 Phone: (970)949-9497 Fax: (970)949-9486
Phone: 970-926-3202 Fax: email:
email:bfoster@fosterltd.corn
Reference Property Address:
5020 Main Gore Place#M4,Vail,CO 81657
SCHEDULE A
1. Effective Date: September 30,2016,7:00 am Issue Date: October 10,2016
2. Policy(or Policies)to be issued:
ALTA Owner's Policy(6-17-06) Policy Amount: Amount to be Determined
Premium: Amount to be Determined
Proposed Insured: To Be Determined
3. The estate or interest in the Land described or referred to in this Commitment is:
Fee Simple
and Title to said estate or interest is at the Effective Date vested in:
Polly B.Lestikow and Mark S.Lestikow
4. The Land referred to in this Commitment is located in the County of Eagle, State of Colorado,and
is described as follows:
Lot M-4,Gore Creek Meadows Townhomes,according to the Plat recorded April 17,1986 in
Book 439 at Page 986,
County of Eagle,State of Colorado
Alta Commitment-2006 Schedule A
Commitment No.0818169-C Schedule B-I Requirements
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B-SECTION I
REQUIREMENTS
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:
1. Evidence satisfactory to the Company or its duly authorized agent that all dues and/or assessments
levied by the Homeowners Association have been paid through the date of closing.
2. The name(s)of the proposed insured(buyer)for the owner's policy must be furnished and this
commitment is subject to such further requirements and/or exceptions as may then be deemed
necessary.
3. The Company reserves the right to conduct an additional search of the records in the office of the
Clerk and Recorder for Eagle County, Colorado,for judgment liens,tax liens or other similar or
dissimilar involuntary matters affecting the grantee or grantees,and to make such additional
requirements as it deems necessary,after the identity of the grantee or grantees has been disclosed to
the company.
Note: This commitment is issued upon the express agreement and understanding that the
applicable premiums,charges and fees shall be paid by the applicant if the applicant and/or its
designee or nominee closes the transaction contemplated by or otherwise relies upon the
commitment,all in accordance with the rules and schedules of rates on file with the Colorado
Department of Insurance.
4. Deed from Polly B.Lestikow and Mark S.Lestikow to To Be Determined.
NOTE: Duly executed real property transfer declaration, executed by either the Grantor or
Grantee,to accompany the Deed mentioned above,pursuant to Article 14 of House Bill No. 1288-
CRA 39-14-102.
24-month Chain of Title: The only conveyance(s)affecting said land recorded within the 24
months preceding the date of this commitment is(are)as follows:
Warranty Deed recorded September 19,2013 at Reception No.201319131.
NOTE: If no conveyances were found in that 24 month period,the last recorded
conveyance is reported.If the subject land is a lot in a subdivision plat less than 24 months
old,only the conveyances subsequent to the plat are reported.
Alta Commitment-2006 Schedule B-I Requirements
Commitment No.0818169-C Schedule B-II Exceptions
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B-SECTION II
EXCEPTIONS
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless
the same are disposed of to the satisfaction of the Company.
Any loss or damage,including attorney fees,by reason of the matters shown below:
1. Any facts,rights,interests,or claims which are not shown by the Public Records but which could be
ascertained by an inspection of said Land or by making inquiry of persons in possession thereof.
2. Easements or claims of easements,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.
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. 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 reserved in United States Patent
recorded September 13, 1902 in Book 48 at Page 491 and November 17, 1902 in Book 48 at Page
492.
8. Right of way for ditches or canals constructed by the authority of the United States,as reserved in
United States Patent recorded September 13, 1902 in Book 48 at Page 491 and November 17, 1902
in Book 48 at Page 492.
9. Easement and right of way for Right of Way purposes,as granted by to Holy Cross Electric
Association,Inc.,by instrument recorded August 28, 1975 in Book 241 at Page 512 and January 6,
1981 in Book 315 at Page 941,said easement being more particularly described therein.
10. Covenants,conditions,and restrictions contained in the Declaration of Covenants,Conditions and
Restrictions for Vail East Townhomes recorded December 17, 1981 in Book 333 at Page 618 and
Supplement recorded April 17, 1986 in Book 439 at Page 987 and Amendment thereto recorded
April 3,2009 at Reception No.200906078.
11. Covenants,conditions,restrictions,notes;easements,reservations and rights of ways as shown on
the Plat of Gore Creek Meadows Townhomes recorded April 17, 1986 in Book 439 at Page 986.
12. Any question,dispute or adverse claims to any loss or gain of land as a result of any change in the
Alta Commitment-2006 Schedule B-II Exceptions
Commitment No.0818169-C Schedule B-II Exceptions(continued)
riverbed location by other than natural causes,or alteration through accretion,reliction,erosion or
evulsion of the center thread,bank,channel or flow of the waters in the Gore Creek lying within the
subject land;and any question as to the location of such center thread,bank,bed or channel as a
legal description monument or marker for the purposes of describing or locating subject lands.
NOTE: There are no documents in the land records in the office of the Clerk and
Recorder for Eagle County,Colorado accurately locating past or present locations of the
center thread,bank,bed or channel of the above river or indicating any alterations of the
same as from time to time may have occurred.
Alta Commitment-2006 Schedule B-II Exceptions(continued)
DISCLOSURE STATEMENTS
Note 1: Colorado Division of Insurance Note 5:Pursuant to C.R.S.§10-11-123 Notice Note 10:Pursuant to Regulation 3-5-1 Section
Regulations 3-5-1,Paragraph C of Article VII, is hereby given: 9(G)notice is hereby given that
requires that (a)If there is recorded evidence that a mineral "Until a title entity receives written
"Every Title entity shall be responsible for estate has been severed,leased or otherwise instructions pertaining to the holding of
all matters which appear of record prior to the conveyed from the surface estate then there fiduciary funds,in a form agreeable to the title
time of recording whenever the Title entity is a substantial likelihood that a third party entity,it shall comply with the following:
conducts the closing and is responsible for holds some or all interest in oil,gas,other 1. The title entity shall deposit funds into an
recording or filing of legal documents minerals, or geothermal energy in the escrow, trust, or other fiduciary account
resulting from the transaction which was property,and and hold them in a fiduciary capacity.
closed."(Gap Protection) (b) That such mineral estate may include the 2. The title entity shall use any funds
right to enter and use the property without designated as "earnest money" for the
the surface owner's permission. consummation of the transaction as
Note 2: Exception No. 4 of Schedule B, evidenced by the contract to buy and sell
Section 2 of this Commitment may be deleted Note 6: Effective September 1, 1997, C.R.S. real estate applicable to said transaction,
from the Owner's Policy to be issued §30-10-406 requires that all documents except as otherwise provided in this
hereunder upon compliance with the following received for recording or filing in the clerk section. If the transaction does not close,
conditions: and recorder's office shall contain a top the title entity shall:
A. The Land described in Schedule A of this margin of at least one inch and a left,right and a. Release the earnest money funds as
commitment must be a single-family bottom margin of at least one-half inch the directed by written instructions signed
residence, which includes a condominium clerk and recorder may refuse to record or file by both the buyer and seller;or
or townhouse unit. any document that does not conform. b.If acceptable written instructions are not
B. No labor or materials may have been received,uncontested funds shall be held
furnished by mechanics or materialmen for Note 7:Our Privacy Policy: by the title entity for 180 days from the
purpose of construction on the Land We will not reveal nonpublic personal scheduled date of closing, after which
described in Schedule A of this customer information to any external non- the title entity shall return said funds to
Commitment within the past 13 months. affiliated organization unless we have been the payor.
C. The Company must receive an appropriate authorized by the customer,or are required by 3. In the event of any controversy regarding
affidavit indemnifying the Company law. the funds held by the title entity
against unified mechanic's and (notwithstanding any termination of the
materialmen's liens. Note 8:Records: contract), the title entity shall not be
D.Any deviation from conditions A though C Regulation 3-5-1 Section 7 (N)provides that required to take any action unless and until
above is subject to such additional each title entity shall maintain adequate such controversy is resolved. At its option
requirements or Information as the documentation and records sufficient to show and discretion,the title entity may:
Company may deem necessary, or, at its compliance with this regulation and Title 10 a.Await any proceeding;or
option, the Company may refuse to delete of the Colorado Revised Statutes for a period b. Interplead all parties and deposit such
the exception. of not less than seven (7) years, except as funds into a court of competent
E.Payment of the premium for said coverage. otherwise permitted by law. jurisdiction,and recover court costs and
reasonable attorney and legal fees;or
Note 9: Pursuant Regulation 3-5-1 Section 9 c. Deliver written notice to the buyer and
Note 3: The following disclosures are hereby (F)notice is hereby given that seller that unless the title entity receives
made pursuant to§10-11-122,C.R.S.: "A title entity shall not earn interest on a copy of a summons and complaint or
(i)The subject real property may be located in fiduciary funds unless disclosure is made to all claim (between buyer and seller),
a special taxing district; necessary parties to a transaction that interest containing the case number of the
(ii) A certificate of taxes due listing each is or has been earned. Said disclosure must lawsuit or lawsuits, within 120 days of
taxing jurisdiction shall be obtained from offer the opportunity to receive payment of the title entity's written notice delivered
the County Treasurer or the County any interest earned on such funds beyond any to the parties,title entity shall return the
Treasurer's authorized agent;and administrative fees as may be on file with the funds to the depositing party."
(iii)Information regarding special districts and division. Said disclosure must be clear and
the boundaries of such districts may be conspicuous,and may be made at any time up
obtained from the County Commissioners, to and including closing."
the County Clerk and Recorder, or the Be advised that the closing agent will or
County Assessor. could charge an Administrative Fee for
processing such an additional services request
Note 4: If the sales price of the subject and any resulting payee will also be subjected
property exceeds$100,000.00,the seller shall to a W-9 or other required tax documentation
be required to comply with the disclosure or for such purpose(s).
withholding provisions of C.R.S. §39-22- Be further advised that, for many
604.5(Non-resident withholding). transactions, the imposed Administrative Fee
associated with such an additional service may
exceed any such interest earned.
Therefore,you may have the right to some
of the interest earned over and above the
Administrative Fee, if applicable (e.g., any
money over any administrative fees involved
in figuring the amounts earned).
Disclosure Statements
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 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 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< http://www.alta.org/>.
Westcor Land Title Insurance Company
Joint Notice of Privacy Policy
of
Westcor Land Title Insurance Company
and
The Title Company of the Rockies
Westcor Land Title Insurance Company ("WLTIC") and The Title Company of the Rockies value their customers and are
committed to protecting the privacy of personal information. In keeping with that philosophy,we each have developed a Privacy
Policy,set out below,that will endure the continued protection of your nonpublic personal information and inform you about the
measures WLTIC and The Title Company of the Rockies take to safeguard that information. This notice is issued jointly as a
means of paperwork reduction and is not intended to create a joint privacy policy. Each company's privacy policy is separately
instituted,executed,and maintained.
Who is Covered
We provide our Privacy Policy to each customer when they purchase a WLTIC title insurance policy. Generally,this means that
the Privacy Policy is provided to the customer at the closing of the real estate transaction.
Information Collected
In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic personal
information directly from the customer,from customer-related transactions,or from third parties such as our title insurance agent,
lenders,appraisers,surveyors and other similar entities.
Access to Information
Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform their
jobs. These employees include,but are not limited to,those in departments such as closing, legal,underwriting, claims and
administration and accounting.
Information Sharing
Generally,neither WLTIC nor The Title Company of the Rockies shares nonpublic personal information that it collects with
anyone other than those individuals necessary needed to complete the real estate settlement services and issue its title insurance
policy as requested by the consumer. WLTIC or The Title Company of the Rockies may share nonpublic personal information
as permitted by law with entities with whom WLTIC or The Title Company of the Rockies has a joint marketing agreement.
Entities with whom WLTIC or The Title Company of the Rockies have a joint marketing agreement have agreed to protect the
privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as WLTIC and
The Title Company of the Rockies use to protect this information and to use the information for lawful purposes. WLTIC or
The Title Company of the Rockies,however, may share information as required by law in response to a subpoena, to a
government regulatory agency or to prevent fraud.
Information Security
WLTIC and The Title Company of the Rockies,at all times, strive to maintain the confidentiality and integrity of the personal
information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical,
electronic and procedural safeguards in compliance with federal standards to protect that information.
The WLTIC Privacy Policy can be found on WLTIC's website at www.wltic.com