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HomeMy WebLinkAboutDRB17-0025_Title Report_1485454680.PDF KENSINGTON VANGU NATIONAL LAND SERVICES January 26, 2017 Re: Title Number 832557(S-CO-RP-ED) Premises 2627 Arosa Drive, Vail, CO 81657, CO 81657 County Eagle Purchaser TBD Seller/Owner Lawrence Marx, IV and Jennifer K. Marx Dear Sir/Madam: With reference to the above captioned matter, enclosed herewith please find our Certificate of Title. If you have any questions regarding same, please contact our office. We look forward to working with you on this transaction. Thank you. For Clearance/Underwriting on this file call: Eva Archibeque (970) 446-6567 Earchibeque@kvnational.com 2505 4th St.,Boulder,CO 80304 Tel 303.544.9000 255 E.Monroe,Suite 1,Fort Collins,CO 80525 Tel 720.446.5057 27 Main St.,Edwards,CO 81632 Tel 970.446.6567 www.kv-rockies.com 39 West 37th Street,3rd Floor KENSINGTQN VANGUARD New YNY 10018 Tel:212.532.8686 N 3 0018 NATIONA L L AND SERVICES www.kvnational.com COMMERCIAL DIVISION New Orders/Client Support Phone: Emai Noelia Frischeisen 646.695.9454 nfrischeisen@kvnational.com Marleny Rosa 212.532.8686 x3611 mrosa@kvnational.com Stacey Reardon 212.561.6421 sreardon@kvnational.com Rocky Mountain Staff 720.446.5400 Pho 1 Location: Bob Rulon 970.446.6567 Edwards,CO brulon@kvnational.com Executive Vice President Anna McKenzie 720.446.5057 Fort Collins.CO amckenzie@kvnational.com Clearance Officer Ardele Anderson 303.440.1021 Boulder,CO aanderson@kvnational.com Marketing Director&CREC/CLC Christy Harras 720.446.5057 Fort Collins.CO charras@kvnational.com Senior Escrow Officer Debra Ward Hasslock 720.446.5056 Boulder,CO dward-hasslock@kvnational.com Senior Escrow Officer Karen Tully 720.446.5058 Longmont.CO ktully@kvnational.com Senior Closer McLean Smith 303.544.9000 Longmont,CO msmith@kvnational.com Business Development Michael Sandoval 303.440.0826 -Boulder,CO msandoval@kvnational.com Title Officer Sheila Giberti 303.440.0134 Boulder,CO sgiberti@kvnational.com Senior Closer Thomas Moreno 720.446.5057 Fort Collins.CO tmoreno@kvnational.com Business Development Eva Archibeque 970.446.6567 Edwards,CO earchibeque@kvnational.com Escrow Officer KtEscalations: For any escalated matters please contact our Management Staff: Phone: Email: Anthony Knight Executive Vice President-Rocky 303.544.9000 aknight@kvnational.com Mountains Greg O'Connor 212.561.7433 goconnor@kvnational.com Executive Vice President Operations Stacey Reardon Vice President Production Manager 212.532.8686 ext 4041 sreardon@kvnational.com DawnMarie Callan 212.532.8686 ext 3439 dcallan@kvnational.com Funding/Post Closing Manager 2505 4th St 512 4th Ave 255 E.Monroe,Suite 1 27 Main Street,Suite 103 Boulder,Colorado 80304 Longmont,Colorado 80501 Fort Collins,Colorado 80525 Edwards,CO 81632 T 303.544.9000 T 720.446.5055 T 720.446.5057 T 970.446.6567 F 720.446.5400 F 720.446.5400 F 720.446.5400 F 720.446.5400 www.kv-rockies.com www.kv-rockies.com www.kv-rockies.com www.kv-rockies.com COMMITMENT FOR TITLE INSURANCE ISSUED BY stewart title guaranty company STEWART TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company, for a valuable consideration, hereby 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 covered hereby in the land described or referred to in Schedule a. upon payment of the premiums and charges therefore; all subject to the provisions of Schedules a and b and to the Conditions and Stipulations hereof. 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 hereof by the Company, either at the time of the issuance of this Commitment or subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof 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. Signed under the seal for the Company, but this Commitment shall not be valid or binding until it bears an authorized Countersignature. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: stewart By: title guaranty company rihsic4,0 M-rav Eiger Chairman of thepoard 41 . 4 Kensington Vanguard �roi� Company tar. � FE «+i 19 0 a a New York, NY a,,•*•_,. City,State r'kikS Attest: ,4 Preside 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 n 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 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 ability 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, the Exclusions from coverage and the Conditions and Stipulations 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. 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. stewart title guaranty company All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. DISCLOSURES Title Order Number: 832557(S-CO-RP-ED) Note: Pursuant to C.R.S. 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 shall be obtained from the county treasurer or the county Treasurer's authorized agent; C. 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: Colorado Division of Insurance Regulations 3-5-1, Subparagraph(7) (E)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 Kensington Vanguard National Land Services of CO 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 Lender's Title 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. B. No labor or materials have been furnished by mechanics or materialmen 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 unfiled mechanic's and Materialmen'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 C.R.S. 10-11-123,notice is hereby given: 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. This notice applies to owner's policy commitments containing a mineral severance instrument exception,or exceptions,in Schedule B, Section 2. Notice of Availability of a Closing Protection Letter: Pursuant to Colorado Division of Insurance Regulation 8-1-3, Section 5,Paragraph C(11)(f),a closing protection letter is available to the consumer. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. Title Order Number:832557(S-CO-RP-ED) Disclosures American Land Title Association ALTA Commitment Form Adopted 6-17-06 Stewart Title Guaranty Company Commitment Number: 832557(S-CO-RP-ED) SCHEDULE A 1. Effective Date: January 18, 2017 2. Policy or Policies to be issued: Amount (a) X Owner's Policy ( ALTA Owner's Policy ) Proposed Insured: TBD (b) Loan Policy ( ) Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment is Fee Simple. 4. Title to the Fee Simple estate or interest in the land is at the Effective Date vested in: Lawrence Marx, IV and Jennifer K. Marx, who acquired title by deed made by Lawrence Marx and Jennifer K. Marx dated April 16, 2007 and recorded April 30, 2007 at Reception No. 200711013 in the Clerk and Recorder's Office of the County of Eagle. (Link No. 200711013) 5. The land referred to in the Commitment is described as follows: SEE EXHIBIT A ATTACHED HERETO Copyright 2006-2009 American Land Title Association. All rights reserved. AMERICAN LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members ASSOCIATION in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. (832557(S-CO-RP-ED).pfd/832557(S-CO-RP-ED)/1) American Land Title Association ALTA Commitment Form Adopted 6-17-06 Stewart Title Guaranty Company Commitment Number: 832557(S-CO-RP-ED) SCHEDULE B 1. Requirements: 1. Pay the agreed amounts for the interest(s) to be insured. 2. Pay us the premiums, fees, and charges for the policy. 3. Instruments satisfactory to create the estate or interest to be insured must be properly executed, delivered, and duly filed for record: a) Deed to convey said property from: Lawrence Marx, IV and Jennifer K. Marx to TBD 4. The Company must be advised in writing of the name of any party not referred to in this Commitment who will acquire an interest in the land, or who will either obtain or make a loan or mortgage encumbering the land. The Company may then make additional requirements, or take additional exceptions to coverage on Schedule B, Section II. 5. Judgments, Liens and/or Bankruptcies run against Lawrence Marx, IV and Jennifer K. Marx: ****NONE FOUND**** 6. Satisfaction and releases of the following Deed of Trust(s): ****NONE FOUND**** 7. Open Taxes and Water: Parcel ID: 2103-142-04-027 Taxes for 2016 due and payable. (copy to follow) ****See Attached Tax Search Herein**** 8. A Standard form Seller's & Mortgagor's Affidavit of Title is to be executed at the time of closing and is to be provided to this Company. 9. Subject to a continuation search (rundown) of the title ordered no less than 24 hours prior to the closing of title. 2. 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: 1. 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 for value of record the estate or interest or mortgage thereon covered by this Commitment. 2 Rights or claims of parties in possession of the land not shown by the public record Copyright 2006-2009 American Land Title Association. All rights reserved. AMERICAN LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members ASSOCIATION in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. (832557(S-CO-RP-ED).pfd/832557(S-CO-RP-ED)/1) American Land Title Association ALTA Commitment Form Adopted 6-17-06 Commitment Number: 832557(S-CO-RP-ED) SCHEDULE B (Continued) 3. Easements, or claims of easements, not shown by the public record. 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 record. 5. Notwithstanding any provision of the policy to the contrary, the following matters are expressly excluded from coverage of the policy, and the Company will not pay loss or damage, costs, attorney's fees, or expenses that arise by reason of any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete survey of the land. 6. Subject to notes, easements and setback lines, if any, as shown on the Filed Map at: Recording Date: 11/14/86 Book 452 Page 236 (Link No. 452-236) 7. Homeowner's or other association dues, assessments or fees for which no notice of delinquency, lien, claim of lien or assessment has been filed of record in the real property records. 8. (a) Unpatented mining claims; (b) Reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. 9. Water rights, claims or title to water. 10. 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 August 11, 1900 in Book 48 at page 236. (Link No. 48-236) 11. Terms, conditions, provisions and obligations set forth in Instrument recorded March 9, 1966 in Book 192 at Page 235 under Reception No. 103360 (Link No. 103360) and Amendment recorded April 12, 1968 in Book 212 at Page 678 under Reception No. 108065. (Link No. 108065) 12. Conveyance of 10 (ten) percent non-participating royalty in the sale of any and all minerals, as set forth in Instrument recorded November 16, 1966 in Book 200 at Page 147 under Reception No. 104957. (Link No. 104957) 13. Terms, conditions, provisions and obligations set forth in Easement recorded September 6, 1968 in Book 213 at Page 344 under Reception No. 108768. (Link No. 108768) 14. Dedications, easements and covenants set forth on the Plat of Vail Ridge Subdivision,A Resubdivision Of Lot 6, Block A, Town of Vail recorded March 10, 1999 under Reception No. 689270. (Link No. 689270) 15. Terms, conditions, provisions and obligations set forth in Party Wall and Duplex Declaration recorded March 10 1999 under Reception No 689271 (I ink No 689271) Copyright 2006-2009 American Land Title Association. All rights reserved. AMERICAN LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members ASSOCIATION in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. (832557(S-CO-RP-ED).pfd/832557(S-CO-RP-ED)/1) American Land Title Association ALTA Commitment Form Adopted 6-17-06 Commitment Number: 832557(S-CO-RP-ED) SCHEDULE B (Continued) 16. NOTE: Exception(s) number(ed) 1, 2, 3 and 4 will not appear on the Owner's Policy with the purchase of OEC. Exception Number 5 will be removed from the policy provided Kensington Vanguard National Land Services of CO, LLC conducts the closing. Copyright 2006-2009 American Land Title Association. All rights reserved. AMERICAN LAND TITLE The use of this Form is restricted to ALTA licensees and ALTA members ASSOCIATION in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. (832557(S-CO-RP-ED).pfd/832557(S-CO-RP-ED)/1) Stewart Title Guaranty Company Commitment Number: 832557(S-CO-RP-ED) EXHIBIT A PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: Lot 10, Block C, Vail Ridge Subdivision, County of Eagle, State of Colorado. Parcel ID: 2103-142-04-027 ALTA Commitment Exhibit A (832557(S-CO-RP-ED).pfd/832557(S-CO-RP-ED)/1) KENSINGTON VANGUARD 39 West 37th Street New York, NY 10018 NATIONAL LAND SERVICES Tel:212.532.8686 www.kvnational.com Title: 832557(S-CO-RP-ED) Date: 1/26/2017 Name of individual or business: Lawrence Marx County: Eagle BANKRUPTCY SEARCH A Search of the records of the United States Bankruptcy Court has been made with the following results: _X_There is no record of a bankruptcy search filing for the above-mentioned individual,corporation or business.The following office(s)have been checked. The following information is on file Kensington Vanguard National Land Services of CO DOES HEREBY CERTIFY THAT THE ABOVE GOVERNMENTAL AGENCIES WERE EXAMINED. THE INFORMATION REPORTED ABOVE IS A TRUE AND ACCURATE ABSTRACT OF THE INFORMATION CONTAINED HEREIN,AND NO LIABILITY IS ASSUMED. KENSINGTON VANGUARD 39 West 37th Street New York, NY 10018 NATIONAL LAND SERVICES Tel:212.532.8686 www.kvnational.com Title: 832557(S-CO-RP-ED) Date: 1/26/2017 Name of individual or business: Jennifer Marx County: Eagle BANKRUPTCY SEARCH A Search of the records of the United States Bankruptcy Court has been made with the following results: _X_There is no record of a bankruptcy search filing for the above-mentioned individual,corporation or business.The following office(s)have been checked. The following information is on file Kensington Vanguard National Land Services of CO DOES HEREBY CERTIFY THAT THE ABOVE GOVERNMENTAL AGENCIES WERE EXAMINED. THE INFORMATION REPORTED ABOVE IS A TRUE AND ACCURATE ABSTRACT OF THE INFORMATION CONTAINED HEREIN,AND NO LIABILITY IS ASSUMED. KENSINGTON VANGU NATIONAL LAND SERVICES UNITED STATES PATRIOT ACT NAME SEARCH TITLE#: 832557(S-CO-RP-ED) Lawrence Marx THE ABOVE INDIVIDUAL OR CORPORATION NAME DOES NOT APPEAR ON THE OFFICE OF FOREIGN ASSETS CONTROL(OFAC) 1/26/2017. THE SPECIAL DESIGNATED NATIONALS (SDN)LIST IS FREQUENTLY UPDATED. THERE IS NO PREDETERMINED TIME TABLE, BUT RATHER NAMES ARE ADDED AND REMOVED AS NECESSARY AND APPROPRIATE. ALL UNITED STATES PERSONS MUST COMPLY WITH THE OFFICE OF FOREIGN ASSETS CONTROL(OFAC) REGULATIONS, INCLUDING ALL U.S. CITIZENS, PERMANENT RESIDENT ALIENS,ALL U.S. INCORPORATED ENTITIES AND THEIR FOREIGN BRANCHES REGARDLESS OF WHERE THEY ARE LOCATED. Kensington Vanguard National Land Services of CO DOES HEREBY CERTIFY THAT THE ABOVE GOVERNMENTAL AGENCIES WERE EXAMINED. THE INFORMATION REPORTED ABOVE IS A TRUE AND ACCURATE ABSTRACT OF THE INFORMATION CONTAINED HEREIN,AND NO LIABILITY IS ASSUMED. 39 West 37`h Street,3rd Floor,New York,NY 10018 Tel 212.532.8686 www.kvnational.com www.kv-dcmetro.com KENSINGTON VANGU NATIONAL LAND SERVICES UNITED STATES PATRIOT ACT NAME SEARCH TITLE#: 832557(S-CO-RP-ED) Jennifer Marx THE ABOVE INDIVIDUAL OR CORPORATION NAME DOES NOT APPEAR ON THE OFFICE OF FOREIGN ASSETS CONTROL(OFAC) 1/26/2017. THE SPECIAL DESIGNATED NATIONALS (SDN)LIST IS FREQUENTLY UPDATED. THERE IS NO PREDETERMINED TIME TABLE, BUT RATHER NAMES ARE ADDED AND REMOVED AS NECESSARY AND APPROPRIATE. ALL UNITED STATES PERSONS MUST COMPLY WITH THE OFFICE OF FOREIGN ASSETS CONTROL(OFAC) REGULATIONS, INCLUDING ALL U.S. CITIZENS, PERMANENT RESIDENT ALIENS,ALL U.S. INCORPORATED ENTITIES AND THEIR FOREIGN BRANCHES REGARDLESS OF WHERE THEY ARE LOCATED. Kensington Vanguard National Land Services of CO DOES HEREBY CERTIFY THAT THE ABOVE GOVERNMENTAL AGENCIES WERE EXAMINED. THE INFORMATION REPORTED ABOVE IS A TRUE AND ACCURATE ABSTRACT OF THE INFORMATION CONTAINED HEREIN,AND NO LIABILITY IS ASSUMED. 39 West 37`h Street,3rd Floor,New York,NY 10018 Tel 212.532.8686 www.kvnational.com www.kv-dcmetro.com OWNER'S AFFIDAVIT AND GAP UNDERTAKING COMMITMENT NO: 832557(S-CO-RP-ED) STATE OF } COUNTY OF BEFORE ME, the undersigned authority, personally appeared , (the "Affiant"), of , a (the "Owner"), who first being duly sworn, deposes and says: 1. That Affiant is duly authorized to make this affidavit on behalf of the Owner. 2. That the Owner is the titleholder of that certain real property described in the above-referenced Title Commitment, commonly known as " " and located at (the "Property"). 3. That the Owner is entitled to possession of the Property, and there is no other person or entity in possession who has any right in the Property other than those tenants in possession located on the Property and listed on the rent roll attached hereto as Exhibit"A". 4. That the Owner has not entered into any written agreement, nor is the Owner aware of anyone else entering into any written agreement with any real estate broker, nor is Owner aware of anyone who has provided licensed services that resulted in the procuring of a person or entity for the purpose of buying, selling, or otherwise conveying or acquiring any interest in the Property. 5. That all real estate taxes, special assessments, water and sewer charges and management fees, if any, are fully paid; 6. That there are no unrecorded labor, mechanics', or materialmen's liens against the Property, and no material has been furnished to or labor performed upon the Property except such that have been paid for in full. 7. That there are no unrecorded options or contracts to purchase, contracts for deed or mortgage commitments, sales agreements, participation agreements, mortgages, or unrecorded deeds, easements or rights-of-way for users or adverse interest with respect to the Property. 8. That there are no unrecorded existing tenancies, leases or other occupancies affecting the Property, except as shown in Exhibit "A" attached hereto, and that such unrecorded tenancies, leases or other occupancies, if any, contain no options to purchase the Property or rights of first refusal. 9. That there is no action or proceeding, including but not limited to bankruptcy, which is now pending against Owner in any State or Federal Court, nor is there any attachment,judgment or other encumbrance which may now constitute a lien upon the Property, nor are there any claims or pending claims against Owner which may be satisfied through a lien or attachment against the Property. 10. That the owner has received no written notice(except as may have been disclosed in the public records of the applicable jurisdiction) of an officially proposed or pending special assessment or a pending taking of any portion of the Property by any governmental body; and to the undersigned's knowledge, there has been no work done on the Property, nor notice received that work is to be done on the Property by the municipality (county, city, borough or township), or at its direction, including but not limited to the installation of water or sewer lines or of other utilities, or for improvements such as paving or repaving of streets or alleys, or the installation of curbs and sidewalks. 11. That the Owner has not made or caused to be made any structural improvements or structural additions to existing improvements on the Property since ,the date of Survey made by ,Job No. , each of which survey is an accurate and complete representation of Tracts I and II, respectively, of the Property and all improvements and number of parking spaces located thereon as of the date hereof. 12. That Owner has received any and all partnership consents and/or corporate resolutions necessary in order to authorize the conveyance and/or mortgage of the Property. Should Old Republic request a copy of the consents and/or resolutions, Owner shall furnish copies within a reasonable time period. 13. That Owner is not a foreign Person, nor is Owner a "Disregarded Transferor," but rather is a "United States person" within the meaning of Section 7701(a)(30) of the Internal Revenue Code of 1986, as amended (the "Code"), and that Owner's true and correct United States taxpayer identification number(or Social Security number) is set forth below opposite the signature of Owner. Owner is making the statements set forth herein for the purpose of releasing the Purchaser and/or Settlement Agent from any withholding obligation which might otherwise be imposed under Section 1445(a) of the Code. THIS AFFIDAVIT is made for the purpose of inducing Kensington Vanguard National Land Services of CO and Stewart Title Guaranty Company to issue a title insurance policy or other title evidence, and if acting as escrow or closing agent, then to disburse any funds held as escrow or closing agent. Affiant hereby indemnifies and agrees to save harmless Kensington Vanguard National Land Services of CO and Stewart Title Guaranty Company against any damages or expense, including attorney fees, sustained as a result of any of the foregoing matters not being true and accurate and further indemnifies Kensington Vanguard National Land Services of CO and Stewart Title Guaranty Company as to defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing on the public records or attaching subsequent to the effective date of the above-referenced Commitment but prior to the effective date of such title insurance policy or policies or other title evidence. Nothing in this Affidavit shall affect in any way title insurance coverage heretofore provided to Owner by Kensington Vanguard National Land Services of CO and Stewart Title Guaranty Company or its affiliates, or their respective predecessors-in-interest, with respect to the Property. Dated as of this day of , 20 US Taxpayer ID No. By: Title: Sworn to and subscribed before me this day of , 20 . Notary Public My Commission Expires: EAGLE COUNTY, CO 200711013 TEAK J SIMONTON KATZ,LOOK&MOISON Our, Pas: 1 03 08 27PM 04/30/2007 J� REC: 86.00 DOC: 3 Professional Corporation 1120 Lincoln Colorado`020 IIIIII Mill IIII VIII III HI I I IIII QUITI CLAIM DEED THIS DEED, made i1 !Le 0 , 2007, between LAWRENCE MARX and JENIFER K. MARX of the County of Denver, and State of Colorado, grantors, and LAWRENCE MARX, IV and JENIFER K. MARX, as tenants in common, not as joint tenants, whose legal address is 343 t) Dexter Street, Denver, Colorado 80220, of the City and County of (` Denver and State of Colorado, grantees: For and in consideration of the sum of TEN DOLLARS ($10.00) , the receipt and sufficiency of which is acknowledged, grantors remise, release, convey and QUIT CLAIM, unto the grantees, their heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the grantors have in and to the real property, together with improvements, if any, in the County of Eagle and State of Colorado, described as follows: LOT 10, BLOCK C, VAIL RIDGE SUBDIVISION, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. also known as street number 2627 AROSA DRIVE / VAIL RIDGE BLK: C LOT: 10 VAIL CO 81657 (CONVENIENCE DEED ONLY - NO DOCUMENTARY FEE REQUIRED) TO HAVE AND TO HOLD together with any and all appurtenances and privileges, and all the estate, right, title, interest and claim whatsoever, of the grantors, either in law or equity, to the only proper use and benefit of the grantees, their heirs, successors and assigns forever. The grantors have executed this deed on the date set forth above. AlLeitgrimmisimw LAWRENCE MARX J PER MARX STATE OF COLORADO ) } ss. COUNTY OF ) The foregoing instrument was acknowledged before me this /6/ day of Qom.►." , 2007 by LAWRENCE MARX and JENIFER K. MARX. Witness my hand and official seal. My commission expires: a�0'100y�>�1 o ary Publ c O ' 1 / O;•�1lg?, 611 Address: //X d 7= // i • t�• 1-2124, • 200711013 1 OF 1 PRIVACY POLICY 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,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. We have also adopted broader guidelines that govern our use of personal information regardless of its source. Types or 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 or in other communications to us,whether in writing, in person,by telephone or any other means; • Information about your transactions with us,our affiliate 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 nonaffiliated party. Therefore,we will not release your information to nonaffiliated parties except: (I) as necessary for us to provide the product or service you have requested of 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. 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 affiliate companies,or to other financial institutions with whom we or our affiliate 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 non public 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. We currently maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.