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HomeMy WebLinkAboutADM17-0011_2860 Lot A TITLE COMMITMENT_1496934840.pdf H-c Heritage 1650 38th Street,Suite 100E Title Company Boulder,CO 80301 M.Lingl-mi riom Personal Phone: (303)443-3333 Fax: (303)628-1668 fik Commonwealth' DATE: May 23,2017 FILE NUMBER: 598-H0504952-043-KM9 PROPERTY ADDRESS: 2860 Basingdale Boulevard,Vail,CO 81657-3880 BUYER/BORROWER: D.E.I.,A Colorado Limited Liability Partnership OWNER(S): YOUR REFERENCE NUMBER: ASSESSOR PARCEL NUMBER: R004555 PLEASE TAKE NOTE OF THE FOLLOWING REVISED TERMS CONTAINED HEREIN: None. WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. FOR WIRING INSTRUCTIONS,PLEASE CONTACT YOUR ESCROW OFFICE AS NOTED ON THE TRANSMITTAL PAGE OF THIS COMMITMENT. TO: Heritage Title Company,Inc. ATTN: Kim Mittan 1650 38th Street PHONE: (303)443-3333 Suite 100E FAX: (303)628-1668 Boulder,CO 80301 E-MAIL: kmittan@heritagetco.com TO: Gore Range Surveying LLC ATTN: PHONE: FAX: E-MAIL: sam@Gorerange.net TO: Boulder Escrow ATTN: Kim Mittan 1650 38th Street PHONE: (303)443-3333 Suite 100E FAX: (303)628-1668 Boulder,CO 80301 E-MAIL: kmittan@heritagetco.com END OF TRANSMITTAL 05/23/2017 12:43 AM Commitment No.: 598-H0504952-043-KM9 Commonwealth Land Title Insurance Company COMMITMENT SCHEDULE A Commitment No: 598-H0504952-043-KM9 1. Effective Date: May 12,2017 at 7:00 A.M. 2. Policy or policies to be issued: Proposed Insured Policy Amount (a)ALTA Loan Policy 6-17-06 $TBD 3. The estate or interest in the land described or referred to in this Commitment is: A Fee Simple 4. Title to the estate or interest in the land is at the Effective Date vested in: D.E.I.,A Colorado Limited Liability Partnership 5. The land referred to in this Commitment is described as follows: See Attached Legal Description (for informational purposes only) 2860 Basingdale Boulevard, Vail, CO 81657-3880 PREMIUMS: Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and AMERICAN 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 Land Title Association. 05/23/2017 12:43 AM Commitment No.: 598-H0504952-043-KM9 Attached Legal Description Lot A,A Resubdivision of Lots 2 &3,Block 9 Vail intermountain development Subdivision, according to the Plat recorded December 8, 1980 in Book 314 at Page 387, County of Eagle, State of Colorado. Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and AMERICAN 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 Land Title Association. 05/23/2017 12:43 AM Commitment No.: 598-H0504952-043-KM9 SCHEDULE B—Section 1 Requirements The following requirements must be met: a. Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured. b. Pay us the premiums, fees and charges for the policy. c. The Company will require that an Affidavit and Indemnity Agreement be completed by the party(s) named below before the issuance of any policy of title insurance. Party(s): D.E.L,A Colorado Limited Liability Partnership The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit. d. Deed of Trust sufficient to encumber the estate or interest in the Land described or referred to herein for the benefit of the Proposed Insured Lender. e. Furnish for recordation a full release of deed of trust: Amount: $1,450,000.00 Trustor/Grantor: D.E.I.,LLP., a Colorado Limited Liability Partnership Trustee: Public Trustee of Eagle County Loan No.: Unknown Beneficiary: Wells Fargo Bank,N.A. Recording Date: December 11, 2006 Recording No: 200633661 The Deed of Trust set forth above is purported to be a"Credit Line" Deed of Trust. It is a requirement that the Trustor/Grantor of said Deed of Trust provide written authorization to close said credit line account to the Lender when the Deed of Trust is being paid off through the Company or other Settlement/Escrow Agent. An agreement to modify the terms and provisions of said deed of trust as therein provided Executed by: Wells Fargo Bank,N.A. Recording Date: January 13,2012 Recording No: 201200904 An agreement to modify the terms and provisions of said deed of trust as therein provided Executed by: Wells Fargo Bank,N.A. Recording Date: June 8, 2015 Recording No: 201510209 Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and AMERICAN 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 Land Title Association. 05/23/2017 12:43 AM Commitment No.: 598-H0504952-043-KM9 Assignment of Rents and Leases: Recording Date: January 13,2012 Recording No: 201200905 f. NOTE: Statement of Authority for D.E.I.,LLP recorded May 16,2017 at 201708943 discloses the following person(s) authorized to sign on behalf of the entity,pursuant to Colorado Revised Statutes: Donald D. Gury as partner and Ellen C. Gury as Partner Click to view Tax Info NOTE: Bundled Loan Premium Rate includes: Loan Policy Premium, Included Loan Endorsement Charges and Tax Certificate Charge. (Contact your Escrow Officer for the Tax Certificate) NOTE: Exception(s) number(ed) 1-4 will not appear on the Loan Policy. Exception number 5 will be removed from the policy provided the company conducts the closing. 24 MONTH CHAIN OF TITLE,FOR INFORMATIONAL PURPOSES ONLY: The following vesting deeds relating to the subject property have been recorded in the Clerk and Recorder's office of the County in which the property is located: There are no conveyances affecting said land recorded within 24 months of the date of this report. END OF REQUIREMENTS Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and AMERICAN 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 Land Title Association. 05/23/2017 12:43 AM Commitment No.: 598-H0504952-043-KM9 SCHEDULE B—Section 2 Exceptions Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: 1. Any facts,rights, interests or claims that are not shown by the Public Records but which 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 encroachments, encumbrances,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 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 the proposed Insured acquires of record for the value the estate or interest or mortgage thereon covered by this Commitment. 6. Water rights, claims of title to water,whether or not these matters are shown by the Public Records. 7. All taxes and assessments,now or heretofore assessed, due or payable. NOTE: This tax exception will be amended at policy upon satisfaction and evidence of payment of taxes. 8. Covenants, conditions and restrictions and other instruments recorded in the Public Records purporting to impose a transfer fee or a conveyance fee payable upon the transfer of an interest in real property or payable for the right to make or accept such a transfer, and any and all fees, liens, or charges, whether recorded or unrecorded, if any, currently due and payable or that will become due and payable, and any other rights deriving therefrom,that are assessed pursuant thereto. 9. All existing roads, highways, ditches, utilities, reservoirs, canals, pipelines, power, telephone, or water lines,railroads,aircraft overflight paths and rights of way and easements thereof. 10. All restrictions, covenants, declarations, conditions, leases, agreements and mineral reservations of record, and any and all modifications thereof if any. Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and AMERICAN 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 Land Title Association. 05/23/2017 12:43 AM Commitment No.: 598-H0504952-043-KM9 NOTE FOR BUNDLED LOAN POLICY: Unless stated contrary herein, the Company will incorporate and provide the following ALTA/Colorado endorsement(s) (including the versions of ALTA 06 endorsements)on the ALTA Short Form Residential Loan Policy or ALTA Loan Policy,together with or included in said loan policy is a tax status letter, commitment vesting and all-inclusive rate. Endorsement ALTA 9 or 9.3/Form 100 Restrictions Endorsement ALTA 8.1 Environmental Protection Lien Endorsement ALTA 4.1/Form 115.3 Condominium or ALTA 5.1/Form 115.4 Planned Unit Development Endorsement ALTA 4/Form 115.1 Condominium or ALTA 5/Form 115.2 Planned Unit Development Endorsement ALTA 22/Form 116 Location Endorsement ALTA 28-06/Form 103.1 Damage to or Forced Removal of Improvements Endorsement Form 100.29 or Form 100.30 Mineral Rights Endorsement ALTA 14.3/ALTA 14.3-06 Future Advance—Reverse Mortgage with Construction Lien Coverage/Form 111.11 Revolving Line of Credit(Lender) And any"one' of the following optional endorsements: Endorsement Form 111.9 FNMA Balloon Endorsement ALTA 6/Form 110.7 Variable Endorsement Form 110.9 Adjustable Endorsement ALTA 6.2/Form 110.8 Negative Amortization END OF EXCEPTIONS Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and AMERICAN 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 Land Title Association. 05/23/2017 12:43 AM Commitment No.: 598-H0504952-043-KM9 AFFIDAVIT AND INDEMNITY AGREEMENT TO Heritage Title Company,Inc.a Colorado Corporation and Commonwealth Land Title Insurance Company,a Nebraska Corporation. 1. This is written evidence to you that there are no unpaid bills, and to the extent there may be unpaid bills, that the undersigned undertakes and agrees to cause the same to be paid such that there shall be no mechanics or materialmen's liens affecting the property for materials or labor furnished for construction and erection,repairs or improvements contracted by or on behalf of the undersigned on property: legally described as: See Attached Affidavit and Indemnity Agreement Legal Description Property Address: 2860 Basingdale Boulevard,Vail,CO 81657-3880 2. We further represent that to the actual knowledge and belief of the undersigned there are no public improvements affecting the property prior to the date of closing that would give rise to a special property tax assessment against the property after the date of closing. 3. We further represent that to the actual knowledge and belief of the undersigned there are no pending proceedings or unsatisfied judgments of record,in any Court,State,or Federal,nor any tax liens filed or taxes assessed against us which may result in liens,and that if there are judgments,bankruptcies,probate proceedings, state or federal tax liens of record against parties with same or similar names,that they are not against us. 4. We further represent that there are no unrecorded contracts, leases, easements, or other agreements or interests relating to said premises of which we have knowledge. 5. We further represent that to the actual knowledge and belief of the undersigned we are in sole possession of the real property described herein other than leasehold estates reflected as recorded items under the subject commitment for title insurance. 6. We further represent that there are no unpaid charges and assessments that could result in a lien in favor of any association of homeowners which are provided for in any document referred to in Schedule B of Commitment referenced above. 7. We further understand that any payoff figures shown on the settlement statement have been supplied to Heritage Title Company,Inc. as settlement agent by the seller's/borrower's lender and are subject to confirmation upon tender of the payoff to the lender. If the payoff figures are inaccurate,we hereby agree to immediately pay any shortage(s)that may exist.If applicable as disclosed or referred to on Schedule A of Commitment referenced above. The undersigned affiant(s) know the matters herein stated are true and indemnifies Heritage Title Company, Inc., a Colorado Corporation and Commonwealth Land Title Insurance Company,a Nebraska Corporation against loss,costs,damages and expenses of every kind incurred by it by reason of its reliance on the statements made herein. This agreement is executed with and forms a part of the sale and/or financing of the above described premises,and is given in addition to the conveyance and/or financing of the premises in consideration for the conveyance and/or financing, and forms a complete agreement by itself for any action thereon. BORROWER: BORROWER: D.E.I.,A Colorado Limited Liability Partnership BORROWER: BORROWER: State of Colorado }ss: County of Eagle The foregoing instrument was acknowledged,subscribed,and sworn to before me on by D.E.I.,A Colorado Limited Liability Partnership. (SEAL) Notary Public My Commission Expires: 05/23/2017 12:43 AM Commitment No.: 598-H0504952-043-KM9 ATTACHED AFFIDAVIT AND INDEMNITY AGREEMENT LEGAL DESCRIPTION Lot A,A Resubdivision of Lots 2&3,Block 9 Vail intermountain development Subdivision,according to the Plat recorded December 8, 1980 in Book 314 at Page 387, County of Eagle,State of Colorado. 05/23/2017 12:43 AM Commitment No.: 598-H0504952-043-KM9 CommonwealthTM LAND TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE Issued by Heritage Title Company, Inc. AS AGENT FOR Commonwealth Land Title Insurance Company Commonwealth Land 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 Schedule A and B and to the Conditions of this Commitment. The 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 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 fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, Commonwealth Land 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. 4551:4Z--, 41411 Attest: `a SEAL 4 By: ,. .- Secretary '��'•. = NEee�s�A President Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and AMERICAN 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 Land Title Association. 05/23/2017 12:43 AM Commitment No.: 598-H0504952-043-KM9 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. 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 policies or policies committed for and such liability is subject to the insuring provisions and Conditions 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. Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and AMERICAN 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 Land Title Association. 05/23/2017 12:43 AM Commitment No.: 598-H0504952-043-KM9 DISCLOSURE STATEMENT • Pursuant to Section 38-35-125 of Colorado Revised Statutes and Colorado Division of Insurance Regulation 8-1-2 (Section 5), if the parties to the subject transaction request us to provide escrow-settlement and disbursement services to facilitate the closing of the transaction, then all funds submitted for disbursement must be available for immediate withdrawal. • Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph H, requires that "Every title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title insurance commitment, other than the effective date of the title insurance commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owners policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed". Provided that Heritage Title Company, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception No. 5 in Schedule B-2 will not appear in the Owner's Title Policy and Lender's Title Policy when issued. • Colorado Division of Insurance Regulation 8-1-2,Paragraph M of Section 5,requires that prospective insured(s)of a single family residence be notified in writing that the standard exception from coverage for unfiled Mechanics or Materialmans Liens may or may not be deleted upon the satisfaction of the requirement(s) pertinent to the transaction. These requirements will be addressed upon receipt of a written request to provide said coverage, or if the Purchase and Sale Agreement/Contract is provided to the Company then the necessary requirements will be reflected on the commitment. • Colorado Division of Insurance Regulation 8-1-3, Paragraph C. 11.f. of Section 5 - requires a title insurance company to make the following notice to the consumer: "A closing protection letter is available to be issued to lenders,buyers and sellers." • If the sales price of the subject property exceeds $100,000.00 the seller shall be required to comply with the Disclosure of Withholding Provisions of C.R.S. 39-22-604.5 (Nonresident Withholding). • Section 39-14-102 of Colorado Revised Statutes requires that a Real Property Transfer Declaration accompany any conveyance document presented for recordation in the State of Colorado. Said Declaration shall be completed and signed by either the grantor or grantee. • Recording statutes contained in Section 30-10-406(3)(a) of the Colorado Revised Statutes require 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 a document that does not conform to requirements of this paragraph. • Section 38-35-109 (2) of the Colorado Revised Statutes, requires that a notation of the purchasers legal address, (not necessarily the same as the property address)be included on the face of the deed to be recorded. • Regulations of County Clerk and Recorder's offices require that all documents submitted for recording must contain a return address on the front page of every document being recorded. • Pursuant to Section 10-11-122 of the Colorado Revised Statutes,the Company is required to disclose the following information: o The subject property may be located in a special taxing district. o A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. o 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. • Pursuant to Section 10-11-123 of the Colorado Revised Statutes, when it is determined that a mineral estate has been severed from the surface estate, the Company is required to disclose the following information: 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 that such mineral estate may include the right to enter and use the property without the surface owner's permission. Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and AME- 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 Land Title Association. 05/23/2017 12:43 AM Commitment No.: 598-H0504952-043-KM9 Note: Notwithstanding anything to the contrary in this Commitment, if the policy to be issued is other than an ALTA Owner's Policy (6/17/06), the policy may not contain an arbitration clause, or the terms of the arbitration clause may be different from those set forth in this Commitment. If the policy does contain an arbitration clause, and the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and AME- 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 Land Title Association. FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE At Fidelity National Financial,Inc.,we respect and believe it is important to protect the privacy of consumers and our customers.This Privacy Notice explains how we collect,use,and protect any information that we collect from you,when and to whom we disclose such information,and the choices you have about the use of that information.A summary of the Privacy Notice is below,and we encourage you to review the entirety of the Privacy Notice following this summary.You can opt-out of certain disclosures by following our opt-out procedure set forth at the end of this Privacy Notice. 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Your Consent To This Privacy Notice.By submitting information to us Access and Correction;Contact Us.If you desire to contact us or by using our website,you are accepting and agreeing to the terms of regarding this notice or your information,please contact us at this Privacy Notice. privacy@fnf.com or as directed at the end of this Privacy Notice. FNF Privacy Statement(Eff.5/1/2015)Last Updated March 1,2017 Copyright©2017.Fidelity National Financial,Inc.All Rights Reserved MISCO219(DSI Rev.3/2/17) Page 1 Order No.H0504952-043-KM9-DMT FIDELITY NATIONAL FINANCIAL,INC. PRIVACY NOTICE Fidelity National Financial,Inc.and its majority-owned subsidiary companies providing title insurance,real estate-and loan-related services (collectively,"FNF","our"or"we")respect and are committed to protecting your privacy.We will take reasonable steps to ensure that your Personal Information and Browsing Information will only be used in compliance with this Privacy Notice and applicable laws.This Privacy Notice is only in effect for Personal Information and Browsing Information collected and/or owned by or on behalf of FNF,including Personal Information and Browsing Information collected through any FNF website,online service or application(collectively,the"Website"). Types of Information Collected We may collect two types of information from you:Personal Information and Browsing Information. Personal Information. FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • social security number(SSN), driver's license, passport, and other government ID numbers; • financial account information; and • other personal information needed from you to provide title insurance,real estate-and loan-related services to you. Browsing Information. FNF may collect the following categories of Browsing Information: • Internet Protocol (or IP)address or device ID/UDID, protocol and sequence information; • browser language and type; • domain name system requests; • browsing history, such as time spent at a domain,time and date of your visit and number of clicks; • http headers, application client and server banners; and • operating system and fingerprinting data. 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We reserve the right to transfer your Personal Information,Browsing Information,and any other information,in connection with the sale or other disposition of all or part of the FNF business and/or assets,or in the event of our bankruptcy,reorganization,insolvency,receivership or an assignment for the benefit of creditors.You expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings.We cannot and will not be responsible for any breach of security by a third party or for any actions of any third party that receives any of the information that is disclosed to us. Choices With Your Information Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. The uses of your Personal Information and/or Browsing Information that, by law,you cannot limit, include: • for our everyday business purposes—to process your transactions, maintain your account(s),to respond to law • enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court • orders, or report to credit bureaus; • for our own marketing purposes; • for joint marketing with financial companies; and • for our affiliates'everyday business purposes—information about your transactions and experiences. You may choose to prevent FNF from disclosing or using your Personal Information and/or Browsing Information under the following circumstances("opt-out"): • for our affiliates'everyday business purposes—information about your creditworthiness; and • for our affiliates to market to you. To the extent permitted above,you may opt-out of disclosure or use of your Personal Information and Browsing Information by notifying us by one of the methods at the end of this Privacy Notice.We do not share your personal information with non-affiliates for their direct marketing purposes. For California Residents:We will not share your Personal Information and Browsing Information with nonaffiliated third parties,except as permitted by California law.Currently,our policy is that we do not recognize"do not track"requests from Internet browsers and similar devices. For Nevada Residents:You may be placed on our internal Do Not Call List by calling(888)934-3354 or by contacting us via the information set forth at the end of this Privacy Notice.Nevada law requires that we also provide you with the following contact information:Bureau of Consumer Protection,Office of the Nevada Attorney General,555 E.Washington St.,Suite 3900,Las Vegas,NV 89101;Phone number:(702)486-3132; email:BCPINFO@ag.state.nv.us. For Oregon Residents:We will not share your Personal Information and Browsing Information with nonaffiliated third parties for marketing purposes,except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents:We will not share your Personal Information and Browsing Information with nonaffiliated third parties,except as permitted by Vermont law,such as to process your transactions or to maintain your account.In addition,we will not share information about your creditworthiness with our affiliates except with your authorization.For joint marketing in Vermont,we will only disclose your name,contact information and information about your transactions. Information From Children The Website is meant for adults and is not intended or designed to attract children under the age of thirteen(13).We do not collect Personal Information from any person that we know to be under the age of thirteen(13)without permission from a parent or guardian.By using the Website, you affirm that you are over the age of 13 and will abide by the terms of this Privacy Notice. Privacy Outside the Website The Website may contain links to other websites.FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. International Users FNF's headquarters is located within the United States.If you reside outside the United States or are a citizen of the European Union,please note that we may transfer your Personal Information and/or Browsing Information outside of your country of residence or the European Union for any of the purposes described in this Privacy Notice.By providing FNF with your Personal Information and/or Browsing Information,you consent to our collection and transfer of such information in accordance with this Privacy Notice. The California Online Privacy Protection Act FNF Privacy Statement(Eff.5/1/2015)Last Updated March 1,2017 Copyright©2017.Fidelity National Financial,Inc.All Rights Reserved MISCO219(DSI Rev.3/2/17) Page 3 Order No.H0504952-043-KM9-DMT For some FNF websites, such as the Customer CareNet ("CCN"), FNF is acting as a third party service provider to a mortgage loan servicer. In those instances, we may collect certain information on behalf of that mortgage loan servicer via the website. The information which we may collect on behalf of the mortgage loan servicer is as follows: • first and last name; • property address; • user name and password; • loan number; • social security number-masked upon entry; • email address; • three security questions and answers;and • IP address. The information you submit through the website is then transferred to your mortgage loan servicer by way of CCN.The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through this website.For example,if you believe that your payment or user information is incorrect,you must contact your mortgage loan servicer. CCN does not share consumer information with third parties,other than(1)those with which the mortgage loan servicer has contracted to interface with the CCN application,or(2)law enforcement or other governmental authority in connection with an investigation,or civil or criminal subpoenas or court orders. All sections of this Privacy Notice apply to your interaction with CCN, except for the sections titled "Choices with Your Information"and"Access and Correction."If you have questions regarding the choices you have with regard to your personal information or how to access or correct your personal information,you should contact your mortgage loan servicer. Your Consent To This Privacy Notice By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information by us in compliance with this Privacy Notice.Amendments to the Privacy Notice will be posted on the Website.Each time you provide information to us,or we receive information about you,following any amendment of this Privacy Notice will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you submit to us in any manner that we may choose without notice or compensation to you. Accessing and Correcting Information; Contact Us If you have questions,would like to access or correct your Personal Information,or want to opt-out of information sharing with our affiliates for their marketing purposes,please send your requests to privacy@fnf.com or by mail or phone to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer (888)934-3354 FNF Privacy Statement(Eff.5/1/2015)Last Updated March 1,2017 Copyright©2017.Fidelity National Financial,Inc.All Rights Reserved MISCO219(DSI Rev.3/2/17) Page 4 Order No.H0504952-043-KM9-DMT