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HomeMy WebLinkAboutDRB17-0078_Title Report_1489502760.pdf American Land Title Association ALTA Settlement Statement-Borrower/Buyer Adopted 05-01-2015 File Number: 01330-87571 Stewart Title Print Date&Time: 11/15/2016 11:33 AM 97 Main Street,Ste W-201 Escrow Officer: Trudy Matarese Edwards,CO 81632 Settlement Location: 97 Main Street,Ste W-201 Edwards,CO 81632 Property Address: Lots 1&2, Block 6, Bighorn Subdivision 3rd Addition, Eagle County,Colorado 4367 and 4387 Columbine Drive Vail, Colorado 81657 Buyer: 4387 Columbine Drive, LLC,a Colorado Limited Liability Company-P.O. Box 250, Eden, UT 84310 Seller: Napoli Family Holdings, LLC,a Colorado limited liability company-2598 S. Utica Street, Denver, CO 80219 Lender: Settlement Date: 11/17/2016 Disbursement Date: 11/17/2016 Additional dates per state requirements: 11/17/2016 . !»4 -a �l"W V:'''g i d r 'c, s*aw'n't5' �x` �;:n.:T �a iS '�t+, }�r1�G�S" ,�`', �'`" . ,x-,,NFAs r `� r.�,z, ,i�. , s.)wrz�o,. ,z, ,���a«ar ,.r .. „Y� f. .._ � ,1k� �. ,�, zr�� .rr�� � ��"',,;�,N • Descriptions Borrower/Buyer Financial Sales Price of Property $606,000.00 Deposit $27,500.00 Prorations/Adjustments County Taxes 1/1/2016 to 11/17/2016(LOT 1) $5,191.75 Title Charges& Escrow/Settlement Charges Title-Delivery Fee to Stewart Title $50.00 Title-Services Fee to Stewart Title $175.00 Title-Tax Certificate to Stewart Title $25.00 Government Recording and Transfer Charges Additional Recording to Stewart Title $16.00 Recording Fees Deed:$32.00 Mortgage:to Stewart Title $32.00 Tax Stamp for County Deed to Stewart Title $60.60 Miscellaneous 1%Transfer Tax Split 50/50 to Town of Vail $3,030.00 Subtotals $609,388.60 $32,691.75 Due From Borrower $576,696.85 Totals $609,388.60 $609,388.60 Copyright 2015 American Land Title Association. File#01330-87571 All rights reserved. Page 1 of 2 Printed on November 15,2016 at 11:33 AM Acknowledgement We/I have carefully reviewed the ALTA Settlement Statement and find it to be a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction and further certify that I have received a copy of the ALTA Settlement Statement. We/I authorize Stewart Title to cause the funds to be disbursed in accordance with this statement. I have carefully reviewed the Settlement Statement and to the best of my knowledge and belief,it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction.I further certify that I have received a copy of Settlement Statement The Settlement Agent does not warrant or represent the accuracy of information provided by any party, including information concerning POC items and information supplied by the lender in this transaction appearing on this Settlement Statement pertaining to"Comparison of Loan Estimate,Closing Disclosure and Settlement Statement Charges"and"Loan Terms",and the parties hold harmless the Settlement Agent as to any inaccuracies in such matters.The parties have read the above sentences, recognize that the recitations herein are material,agree to same,and recognize Title Company is relying on the same. 4387 COLUMB L Ri ,LLC,A COLORADO LIMITED LIABILITY COMPANY z�• 6ery.Urdai g Member LIV SOTHEBY'S INTERNATIONAL REALTY UV Sotheby's International Realty Broker Authorization '` �`� —: \\ \`1\2„,--,--j'0, 7 Escrow Officer Date File#01330-87571 Copyright 2015 American Land Title Association. All rights reserved. Page 2 of 2 Printed on November 09,2016 at 1.25 PM The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate Commission. (CL8-9-12)(Mandatory 1-13) THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. CLOSING INSTRUCTIONS Date: November 17, 2016 1. PARTIES, PROPERTY. Napoli Family Holdings, LLC, a Colorado limited liability company (Seller), and 4387 Columbine Drive, LLC, a Colorado Limited Liability Company (Buyer), engage Stewart Title - Edwards, Closing Company, who agrees to provide closing and settlement services in connection with the Closing of the transaction for the sale and purchase of the Property known as No. 4367 Columbine Drive, Vail, CO 81657 and more fully described in the Contract to Buy and Sell Real Estate, dated September 04, 2016, including any counterproposals and amendments (Contract). All terms of the Contract are incorporated herein by reference. In the event of any conflict between this Agreement and the Contract, this Agreement shall control, subject to subsequent amendments to the Contract or this Agreement. 2. TITLE COMMITMENT, EXCEPTIONS AND POLICY. Closing Company Q Agrees 0 Does Not agree that: upon completion of a satisfactory title search and examination, it will furnish a Title Insurance Commitment; and it will issue a Title Insurance Policy provided that all requirements have been fulfilled. Closing Company Q Agrees 0 Does Not agree to furnish copies of Exceptions. 3. INFORMATION, PREPARATION. CLOSING, RECORDING. Closing Company is authorized to obtain any information necessary for the Closing. Closing Company agrees to prepare (excluding legal documents), deliver and record all documents required or customarily recorded, and disburse all funds pursuant to the Contract that are necessary to carry out the terms and conditions of the Contract 4. CLOSING FEE. Closing Company will receive a fee of $350.00 for providing closing and settlement services (Closing Fee). 5. RELEASE, DISBURSEMENT. Closing Company is not authorized to release any signed documents or things of value prior to receipt and disbursement of Good Funds, except as provided in§§ 9, 10 and 11. 6. DISBURSER. Closing Company shall disburse all funds, including real estate commissions, except those funds as may be separately disclosed in writing to Buyer and Seller by Closing Company or Buyer's lender on or before Closing. All parties agree that no one other than the disburser can assure that payoff of loans and other disbursements will actually be made. 7. SELLER'S NET PROC EDS. Seller will receive the net proceeds of Closing as indicated. ❑ Cashier's Check, at Seller's expense Funds Electronically Transferred (wire transfer) to an account specified by Seller, at Seller's expense 0 losing Company's trust account check. 8. CLOSING STATEMENT. Closing Company will prepare and deliver an accurate, complete and detailed closing statement to Buyer and Seller at time of Closing. 9. FAILURE OF CLOSING. If Closing or disbursement does not occur on or before Closing Date set forth in the Contract, Closing Company, except as provided herein, is authorized and agrees to return all documents, monies, and things of value to the depositing party, upon which Closing Company will be relieved from any further duty, responsibility or liability in connection with these Closing Instructions. In addition, any promissory note, deed of trust or other evidence of indebtedness signed by Buyer will be voided by Closing Company, with the originals returned to Buyer and a copy to Buyer's lender. 10. RETURN OF EARNEST MONEY. Except as otherwise provided in § 11, Earnest Money Dispute, if the Earnest Money has not already been returned following receipt of a Notice to Terminate or other written notice of termination, Eamest Money Holder shall release the Earnest Money as directed by the written mutual instructions. Such release of Earnest Money shall be made within five days of Earnest Money Holder's receipt of the written mutual instructions signed by both the Buyer and Seller, provided the Earnest Money check has cleared. 11. EARNEST MONEY DISPUTE. In the event of any controversy regarding the Earnest Money (notwithstanding any termination of the Contract), Earnest Money Holder shall not be required to take any action. Earnest Money Holder, at its option and sole subjective discretion, has several options: (1) await any proceeding, (2) interplead all parties and deposit Earnest Money into a court of competent jurisdiction and shall recover court costs and reasonable attorney and legal fees, or (3) provide notice to Buyer and Seller that unless Earnest Money Holder receives a copy of the Summons and Complaint or Claim (between Buyer and Seller) containing the case number of the lawsuit (Lawsuit) within one hundred twenty days of Earnest Money Holder's notice to the parties, Earnest Money Holder shall be authorized to return the Earnest Money to Buyer. In the event Earnest Money Holder does receive a copy of the Lawsuit, and has not interpled the monies at the time of any Order, Earnest Money Holder shall disburse the Earnest Money pursuant to the Order of the Court. 12. SUBSEQUENT AMENDMENTS. Any amendments to, or termination of, these Closing Instructions must be in writing and signed by Buyer, Seller and Closing Company. File No.: 01330-87571 CO Closing Instructions 2012 Page 1 of 3 13. CHANGE IN OWNERSHIP OF WATER WELL. Within sixty days after Closing, Closing Company shall submit any required Change in Ownership form or registration of existing well form to the Division of Water Resources in the Department of Natural Resources (Division), with as much information as is available, and the Division shall be responsible for obtaining the necessary well registration information directly from Buyer. Closing company shall not be liable for delaying Closing to ensure Buyer completes any required form. 14. WITHHOLDING. The Internal Revenue Service and the Colorado Department of Revenue may require Closing Company to withhold a substantial portion of the proceeds of this sale when Seller is either of the following: (a) is a foreign person or(b)will not be a Colorado resident after Closing. Seller should inquire of Seller's tax advisor to determine if withholding applies or if an exemption exists. 15. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate Commission) 16. COUNTERPARTS. This document may be executed by each party, separately, and when each party has executed a copy, such copies taken together shall be deemed to be a full and complete contract between the parties. 17. BROKER'S COPIES. Closing Company shall provide, to each broker in this transaction, copies of all signed documents that such brokers are required to maintain pursuant to the rules of the Colorado Real Estate Commission. 18. NOTICE, DELIVERY, CHOICE OF LAW. 18.1 Physical Delivery. Except as provided in § 18.2, all notices must be in writing. Any notice or document to Buyer is effective when physically received by Buyer, any individual buyer, any representative of Buyer, or Brokerage Firm of Broker working with the Buyer. Any notice or document to Seller shall be effective when physically received by Seller, any individual Seller, any representative of Seller, or Brokerage Firm of Broker working with Seller. Any notice or document to Closing Company shall be effective when physically received by Closing Company, any individual of Closing Company, or any representative of Closing Company. 18.2 Electronic Delivery. As an alternative to physical delivery, any signed documents and written notice may be delivered in electronic form by the following indicated methods only: 0 Facsimile 0 Email 0 Internet 0 No Electronic Delivery. Documents with original signatures shall be provided upon request of any party. 18.3 Choice of Law. This contract and all disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in this state for property located in Colorado. Buyer(s) Signature 4387 COLUMBINE DRIVE, LLC,A COLORADO LIMITED LIABILITY COMPANY Gary Urdang Member Seller(s) Signature NAPOLI FAMILY HOLDINGS, LLC,A COLORADO LIMITED LIABILITY COMPANY 6 Matt ew L. Napo i Member Date: November 17, 2016 Closing Company's Name: Stewart Title- Edwards Authorized Signature Title Date Address: 97 Main Street, Ste W-201 Edwards, CO 81632 Phone No.: (970) 926-0230 Fax No.: (970) 926-0235 Electronic Address: File No.: 01330-87571 CO Closing Instructions 2012 Page 2 of 3 (TO BE COMPLETED ONLY BY BROKER AND CLOSING COMPANY) Engel&Volkers Vail (Broker) Q Working with Seller 0 Working with Buyer engages Closing Company as Broker's scrivener to complete, for a fee not to exceed$5.00 at the sole expense of Broker, the following legal documents: Q Deed 0 Bill of Sale 0 Colorado Real Estate Commission approved Promissory Note 0 Colorado Real Estate Commission approved Deed of Trust. Closing Company agrees to prepare, on behalf of Broker, the indicated legal documents pursuant to the terms and conditions of the Contract. The documents stated above shall be subject to Broker's review and approval and Broker acknowledges that Broker is responsible for the accuracy of the above documents. Brokerage Firm's Name: Engel &Volkers Vail Broker's Name: Teri Lester Broker's Signature Date Closing Company's Name: Stewart Title-Edwards Authorized Signature Title Date File No: 01330-87571 Co Closing Instructions 2012 Page 3 of 3 REAL ESTATE TAX, UTILITY AND HOMEOWNERS ASSOCIATION AGREEMENT REAL ESTATE TAXES It is hereby understood and agreed between the Buyer(s)and Seller(s)of property known as: Lots 1&2,Block 6,Bighorn Subdivision 3rd Addition,Eagle County,Colorado 4387 Columbine Drive Vail,Colorado 81657 That the taxes for the current year have been adjusted as of this date on the basis of the following: Estimate of current year: Lot 1: 2015 Mill Levy of 45.5210 X the 2016 Assessment of$65,020.00 =total tax estimate of$2,959.78,adjusted by any applicable qualifying seniors property tax exemption,or qualifying disabled veteran exemption. Lot 2: 2015 Mill Levy of 45.5210 X 2016 Assessment of$65,020.00=total tax estimate of$2,959.78,adjusted by any applicable qualifying seniors property tax exemption,or qualifying disabled veteran exemption. This is to be considered a final settlement at dosing. SPECIAL ASSESSMENTS None of Record Actual taxes may change by reason of reassessment by the County Assessor. By executing this agreement, the undersigned indemnify and hold harmless Stewart Title and Stewart Title Guaranty Company from any liability for reporting errors by local,county or state agency about special assessments that are not of record with the county treasurers office. Neither Stewart Title nor Stewart Title Guaranty Company shall have any responsibility for future adjustments of special assessments. Rather, the undersigned shall assume responsibility for pursuing and effectuating the adjustments. UTILITY AGREEMENT Utilities for the above address were settled in the following manner: Vacant Land—No utilities. Purchaser and seller agree to contact all utility departments within 24 business hours from date of closing regardless of options selected above. Upon receipt of the final water and/or sewer billing,Stewart Title-Edwards will make any necessary proration and pay the amounts due per the billing received, balance of the escrowed funds,if any,will then be disbursed to the seller. If there was not enough monies escrowed at the time of closing to pay said water and/or sewer billings,the seller shall be obligated to make up the difference,upon demand,Stewart Title-Edwards will not pay or be responsible for the additional charges or any delinquencies. HOMEOWNERS ASSOCIATION DUES 0 Homeowners association dues are prorated to closing date on the basis of information received from the association and/or seller. is Seller warrants that there are no association dues assessed against subject property. This agreement executed on November 17,2016 SELLER(S): NAPOLI FAMILY HOLDINGS,LLC,A COLORADO LIMITED LIABILITY COMPANY Matthew L Napoli Member BUYER(S): 4387 COLUMBINE DR A COLORADO LIMITED LIABILITY COMPA Gary Urdang Member File No.:01330-87571 Real Estate Tax Agreement Residential Sell Buy STCO Page 1 of 2 REAL ESTATE TAX, UTILITY AND HOMEOWNERS ASSOCIATION AGREEMENT REAL ESTATE TAXES It is hereby understood and agreed between the Buyer(s) and Seller(s) of property known as: Lots 1 & 2, Block 6, Bighorn Subdivision 3rd Addition, Eagle County, Colorado 4367 and 4387 Columbine Drive Vail, Colorado 81657 That the taxes for the current year have been adjusted as of this date on the basis of the following: Estimate of current year: Lot 1: 2015 Mill Levy of 45.5210 X the 2016 Assessment of $65,020.00 = total tax estimate of$2,959.78, adjusted by any applicable qualifying seniors property tax exemption, or qualifying disabled veteran exemption. Lot 2: 2015 Mill Levy of 45.5210 X 2016 Assessment of $65,020.00 = total tax estimate of$2,959.78, adjusted by any applicable qualifying seniors property tax exemption, or qualifying disabled veteran exemption. This is to be considered a final settlement at closing. SPECIAL ASSESSMENTS None of Record Actual taxes may change by reason of reassessment by the County Assessor. By executing this agreement, the undersigned indemnify and hold harmless Stewart Title and Stewart Title Guaranty Company from any liability for reporting errors by local, county or state agency about special assessments that are not of record with the county treasurers office. Neither Stewart Title nor Stewart Title Guaranty Company shall have any responsibility for future adjustments of special assessments. Rather, the undersigned shall assume responsibility for pursuing and effectuating the adjustments. UTILITY AGREEMENT Utilities for the above address were settled in the following manner: Vacant Land— No utilities. Purchaser and seller agree to contact all utility departments within 24 business hours from date of closing regardless of options selected above. Upon receipt of the final water and/or sewer billing, Stewart Title - Edwards will make any necessary prorations and pay the amounts due per the billing received, balance of the escrowed funds, if any, will then be disbursed to the seller. If there was not enough monies escrowed at the time of closing to pay said water and/or sewer billings, the seller shall be obligated to make up the difference, upon demand, Stewart Title - Edwards will not pay or be responsible for the additional charges or any delinquencies. HOMEOWNERS ASSOCIATION DUES 0 Homeowners association dues are prorated to closing date on the basis of information received from the association and/or seller. Q Seller warrants that there are no association dues assessed against subject property. This agreement executed on November 17, 2016 SELLER(S): NAPOLI FAMILY HOLDINGS, LLC,A COLORADO LIMITED LIABILITY COMPANY It Matthew . Napoli Member BUYER(S): 4387 COLUMBINE DRIVE, LLC,A COLORADO LIMITED LIABILITY COMPANY Gary Urdang Member File No.:01330-87571 Real Estate Tax Agreement Residential Sell Buy STCO Page 1 oft COMPLIANCE AGREEMENT AND PRIVACY RELEASE Date: November 17,2016 Property: 4387 Columbine Drive,Vail,CO 81657 File No.: 01330-87571 It is expressly agreed and understood between the undersigned parties Stewart Title is acting as Closing agent in the above referenced transaction and shall in no way be liable as to the accuracy or completeness of any Payoff Statement and/or Assumption Statement that has been provided to said company for the purposes of closing this transaction. Stewart Title has acted in good faith in compiling the date and information as set forth on the applicable Settlement Statement(s).The undersigned agree that any additional funds due and payable after closing will be immediately paid by the responsible party/parties. The undersigned further that in the event any of the documents required in this closing misstate or inaccurately reflect the true and correct terms and provisions thereof,and said misstatement or inaccuracy is due to unilateral mistake on the part of Stewart T Ttle,or mutual mistake on the part of the undersigned and Stewart Title,or clerical error,then in such event, the undersigned shall upon request by Stewart Title and in order to correct such misstatement or inaccuracy, execute such new documents or initial such corrected original documents as Stewart Title may deem necessary to remedy said inaccuracy or mistake. The undersigned Buyer(s) and Seller(s) hereby authorize(s) Stewart Title to release copies of the following documents: Promissory Note Deed of Trust x Real Estate Documents To: _x Listing Agent x_Selling Agent Mortgage Broker The undersigned Buyer(s)and/or Seller(s)hereby declines)to authorize Stewart Title to release copies of the above referenced documents to the Mortgage Broker Upon execution Stewart Title will provide you with a copy this document for your records and will also maintain a copy of this document in electronic format to be provided upon your request. SELLER(S): NAPOLI FAMILY HOLDINGS,LLC,A COLORADO LIMITED LIABILITY COMPANY Matthew L Napoli Member BUYER(S): 4387 COLUMBINE D LLC,A COLORADO LIMITED LIABILITY COMP Gary Urdang Member Fie No.:01330-S7571 Compliance and Privacy Release CFPB BP STCO Page 1 of COMPLIANCE AGREEMENT AND PRIVACY RELEASE Date: November 17, 2016 Property: 4367 Columbine Drive,Vail, CO 81657 File No.: 01330-87571 It is expressly agreed and understood between the undersigned parties Stewart Title is acting as Closing agent in the above referenced transaction and shall in no way be liable as to the accuracy or completeness of any Payoff Statement and/or Assumption Statement that has been provided to said company for the purposes of closing this transaction. Stewart Title has acted in good faith in compiling the date and information as set forth on the applicable Settlement Statement(s). The undersigned agree that any additional funds due and payable after closing will be immediately paid by the responsible party/parties. The undersigned further that in the event any of the documents required in this closing misstate or inaccurately reflect the true and correct terms and provisions thereof, and said misstatement or inaccuracy is due to unilateral mistake on the part of Stewart Title, or mutual mistake on the part of the undersigned and Stewart Title, or clerical error, then in such event, the undersigned shall upon request by Stewart Title and in order to correct such misstatement or inaccuracy, execute such new documents or initial such corrected original documents as Stewart Title may deem necessary to remedy said inaccuracy or mistake. The undersigned Buyer(s) and Seller(s) hereby authorize(s) Stewart Title to release copies of the following documents: Promissory Note Deed of Trust _x_Real Estate Documents To: _x_ Listing Agent _x_Selling Agent Mortgage Broker The undersigned Buyer(s) and /or Seller (s) hereby decline(s) to authorize Stewart Title to release copies of the above referenced documents to the Mortgage Broker. Upon execution Stewart Title will provide you with a copy this document for your records and will also maintain a copy of this document in electronic format to be provided upon your request. SELLER(S): NAPOLI FAMILY HOLDINGS, LLC,A COLORADO LIMITED LIABILITY COMPANY /L_ ,i/ L , . ' . ..-- LA atthew L. Napoli Member BUYER(S): 4387 COLUMBINE DRIVE, LLC,A COLORADO LIMITED LIABILITY COMPANY Gary Urdang Member File No.:01330-87571 Compliance and Privacy Release CFPB BP STCO Page 1 of 1 FINAL LIEN AFFIDAVIT AND AGREEMENT Date: November 17,2016 Property: Real property and improvements located in the County of Eagle, State of Colorado, and more particularly described as follows: Lots 1&2,Block 6,Bighorn Subdivision 3rd Addition,Eagle County,Colorado 4387 Columbine Drive Vail,Colorado 81657 File No.: 01330-87571 PURCHASER'S AFFIDAVIT: The undersigned, Purchaser(s)of the herein described property,to induce Stewart Title Guaranty Company to issue its ALTA LOAN or ALTA OWNERS Policies of Title Insurance,without including therein an exception as to mechanics'liens or other statutory liens,in connection with the property described in said commitment,or any rights thereto,where no notice of such liens or rights appear of record,do hereby make the following representations to Stewart Title Guaranty Company with full knowledge and intent that said company shall rely thereon: 1. That the improvements on the real estate herein described have been fully completed and have been accepted by the undersigned as completed and as satisfactory. 2. The full purchase price has been paid by said purchaser(s)to said Owner/Seller. 3. The said premises(were)(will be)occupied by said purchaser(s)on or about 4. That the undersigned are not aware of any bills for services, labor or materials used in connection with the construction of the improvements located on said property which have not been paid. 5. That the undersigned have not caused any materials to be furnished or work to be done on the improvements located on said property or said property itself,which could give rise to any mechanics'or other statutory liens,claims and/or liens for such material or work, have not executed any security agreements or financing statements for materials,appliances, fixtures or furnishings,placed upon the property herein described or installed in the improvements located on said property. 6. In light of the foregoing facts,the undersigned,in connection of the issuance by Stewart Title Guaranty Company of a policy of Title Insurance covering said property in the manner described by the undersigned as set out above, hereby promise, covenant and agree to hold harmless, protect and indemnify Stewart Title Guaranty Company, the Mortgagee and their successors in interest from and against those liabilities, losses,damage,expenses and charges, including but not limited to attomey's fees and expenses of litigation by reason of any mechanics'or other statutory liens claims and/or liens for services, labor or materials used in connectionwith the construction of improvements located on said property insofar as they pertain to Paragraphs 1 to 5 above. 4387 COLUMBIN ' E,LLC,A COLORADO LIMITED LIABILITY C•'" 'A K Ghry Urdang Member State of � � 4k County of \J. . Arteic The foregoing instrument was subscribed and sworn to before me this i1.2 day of November, 2016 by 4387 Columbine Drive,LLC,a Colorado Limited Liability Company. Wi my hand an o cial seal. NOTARY PUBLIC (C��C�> MONICA DUARTE Notary Public . Otte � B41 My commission expires: �t(� 2.1161 Lot a COMMISSION E FIRES C �� MAY29,2017 STATE OF UTAH File No.:01330-87571 CO Final Lien Affidavit and Agreement Page 1 of 1 SURVEY AFFIDAVIT AND INDEMNITY Date: November 17, 2016 Property: Lots 1 &2, Block 6, Bighorn Subdivision 3rd Addition, Eagle County, Colorado 4367 and 4387 Columbine Drive Vail, Colorado 81657 File No.: 01330-87571 BEFORE ME, this undersigned authority, on this day personally appeared Napoli Family Holdings, LLC, a Colorado limited liability company, (Affiant(s)), personally known by me to be the person(s) whose names are subscribed hereto, who being by me first duly sworn, on their oaths stated the following to be true and correct: 1. I/We are the owners of the following described property: Lots 1 and 2 Block 6, BIGHORN SUBDIVISION THIRD ADDITION AMENDED PLAT COUNTY OF EAGLE, STATE OF COLORADO. 2. There have been no improvements added to the land or construction on the land since the date I/we acquired the property. 3. The land is known as: 4367 Columbine Drive, Vail, CO 81657 (address). 4. We are not aware, and have not been told, that improvements by our neighbors encroach over any building or setback lines, easements or property lines. 5. We are not aware, and have not been told, improvements made by the undersigned encroach over any building or setback lines, easements or property lines. 6. Since the date the Affiants acquired the land, or since the date of existing survey, if any, provided by Affiants to Stewart Title, there have been no: a. Improvements added such as new structures, fences, storage sheds, additional rooms, garages, swimming pools, decks, concrete or air conditioning units. b. Changes in the location of boundary fences or boundary walls. c. Construction projects on immediately adjoining property(ies) which construction occurred near the boundary of the land; or d. Conveyances, replatting, easement grants, or easement dedications by the Affiants. 7. The undersigned agree to indemnify Stewart Title Company and/or Stewart Title Guaranty Company for any loss, cost or expense relating to, or arising from, any inaccuracy or omission as to the above statements and representations. NAPOLI FAMILY HOLDINGS, LLC,A COLORADO LIMITED LIABILITY COMPANY IAe i ,.,,._/ _ .. a- atthew L. Napo i Member State of Colorado a3 County of /,�I iL The foregoinginstrument was subscribed and sworn to before me this /�!% ay of November, 2016 by Matthew L. Napoli as Member of Napoli Family Holdings, LLC, a Colorado limite. liability company. --- W4.( ham, and official seal. .. ,730 Notary :*c _ t 955 y21,2017 My c.,• expires:65/2_I // lr '''.si;.r4cA'iri'rTCA'r:it:Y'IFjtiof3.LL----------oICri i 0 NOTA N" :y20014fF1wy MYC.'y-"4i a�IOW;111 �'IAl/21,2037 File No.:01330-87571 w ._.._� Survey Affidavit and Indemnity Seller STCO ^~` Page 1 of 1 INDEMNITY AND AFFIDAVIT AS TO DEBTS, LIENS, AND POSSESSION File Number: 01330-87571 Real Property and improvements located in the County of Eagle,State of Colorado,and more particularly described as follows: Lots 1 &2,Block 6,Bighorn Subdivision 3rd Addition, Eagle County,Colorado 4367 and 4387 Columbine Drive Vail,Colorado 81657 Before me,the undersigned authority on this day personally appeared Napoli Family Holdings, LLC,a Colorado limited liability company Seller(s)* personally known to me to be the person(s) whose name is subscribed hereto and upon his/her oath deposes and says that no proceedings in bankruptcy or receivership have been instituted by or against him/her and that the marital status of Affiant has not changed since the day of acquisition of said property and represents to the purchaser and/or Lender in this transaction that there are: 1. No unpaid debts for lighting and plumbing fixtures,water heaters,floor furnaces, heaters, air conditioners, built-in fireplace screens, installed outdoor cooling equipment, swimming pool equipment, built-in cleaning equipment, built-in kitchen equipment, satellite dish, radio or television antennae, garage door openers, carpeting, rugs, lawn sprinkling systems, venetian blinds, curtains and rods, window shades, draperies and rods, valances,screens, shutters, awnings, mirrors, ceiling fans, attic fans, mail boxes, security and fire alarm detection equipment,water softener, electric appliances,fences,street paving,or any personal property or fixtures that are located on the subject property described above,and that no such items have been purchased on time payment contracts, and there are no security interests on such property secured by financing statement, security agreement or otherwise except the following: Creditor N Approximate Amount (If NONE,write"NONE"on blank line) 2. No loans, unpaid judgments, or liens(including Federal or State Liens or Judgment Liens) and no unpaid governmental or association taxes, charges or assessments of any kind on such property except the following: Creditor ,\ ` Approximate Amount (If NONE,write"NONE"on blank line) 3. All labor and material used in the construction of improvements on the above described property have been paid for and there are now no unpaid labor or material claims against the improvements or the property upon which same are situated, and I hereby declare that all sums of money due for the construction of improvements have been fully paid and satisfied,except the following: N N C.2 (If NONE,write"NONE"on blank line) 4. No leases,contracts to sell the land,or payj (�s jn pgssession other than Affiant except as follows: 'v i(Iff 0L write"NONE"on blank line) *5. To be filled in if a sale-*The Seller (is) (is not) (Check applicable) a foreign person, foreign corporation, foreign partnership, foreign trust,foreign estate or other foreign entity(as defined in the Internal Revenue Code and Income Tax Regulations) Seller's address(office address,if seller is an entity; home address if seller is an individual)is: 2598 S.Utica Street,Denver,CO 80219 This Affidavit may be disclosed to the Internal Revenue Service and is furnished to Buyer to inform Buyer that withholding of tax is not required under Section 1445 of the Internal Revenue Code. If any deed of trust recorded against my property secures an open line of credit or a revolving line of credit, I/we affirm that I/we have not drawn additional funds from the line of credit since the date of the Payoff Statement from my/our lender to Stewart Title- Edwards. I/we further agree and affirm that I/we will not make any further draws on the line of credit after the date of this affidavit. I/we further affirm that I/we have not taken out any loans against our property other than those shown on the above referenced commitment number. Indemnity: I agree to pay on demand to the purchasers and/or lender and/or title companies (including Stewart Title Guaranty Company) in this transaction,their successors and assigns, all amounts secured by any and all liens, claims or rights not show above,together with all costs, loss and attorney's fees that said parties may incur in connection with such unmentioned liens, provided said liens, claims, or rights either currently apply to such property, or a part thereof, or are subsequently established against said property and are created by me, known by me, or have an inception or attachment date prior to the closing of this transaction and recording of the deed and deed of trust. I realize that the Purchaser and/or Lender and Title Companies in this transaction are relying on the representations contained herein in purchasing same or lending money thereon and issuing title policies and would not purchase same or lend money or issue a title policy thereon unless said representations were made. If Seller or Borrower is an entity, I have authority to sign on its behalf. NAPOLI FAMILY HOLDINGS,LLC,A COLORADO LIMITED LIABILITY COMPANY /L .s re?" I .. .. 'N�F3E3R— atthew L.Napoli Member State of Colorado County of 0(1VICGS IMA— The foregoing instrument was subscribed and sworn to before me this I��day of November,2016 by Matthew L.Napoli as Member of Napoli Family Holdings, LLC,a Colorado limited liability company. d O€ N Wi IC and official seal. �•tfi, TA iV PUBLIC [STATE or: :oLor-%,q°,0 °�' TlAr`s".' ' 1 r r ^rr Notary •S.! ;')Ni f�iAY21.2At7 /7 , f y � My commis '•n exp es: OS z l J M� P �'' E:+;w.i��';'> NOTE TO BUYER: Buyer must retain until end of fifth taxable year of transfer and must file with the Internal Revenue Service if required by regulation or otherwise. NOTE: To be filled in personally by Seller in his/her own handwriting. File No.: 01330-87571 Affidavit of Debts and Liens Seller STCO Page 1 of 1 STATEMENT OF AUTHORITY (38-30-172,C.R.S.) 1. This Statement of Authority relates to an entity named 4387 Columbine Drive, LLC,a Colorado Limited Liability Company And is executed on behalf of the entity pursuant to the provisions of Section 38-30-172 C.R.S. 2. The type of entity is a LIMITED LIABILITY COMPANY 3. The mailing address for the entity is: P.O_ BOX 250 EDEN, UT 84310 4. The entity is formed under the laws of COLORADO 5. The name of the person(s)authorized to execute instruments conveying,encumbering,or otherwise affecting title to real property on behalf of the entity is: GARY URDANG 6. The authority of the foregoing person(s)to bind the entity is 0 Not limited OR 0 Limited as follows: 7. Other matters conceming the manner in which the entity deals with interest in real property: Dated this day of NO\„t,tit,==-i , 701 r;- 4387 CO 4 .INE DRIVE, LLC CO �''-0• LIMIT -�_- "OMPANY BY: 6 GARY URDANG, MEMBER State of �f f County of t, e ykre.{ The foregoing instrument was acknowledged before me this 3� day of NOVEMBER , 201 6 by GARY URDANG as the MEMBER of 4387 COLUMBINE DRIVE. z.T,C, A rnr,fPAnn r,TMT'RD T,TARTLTTY COMPAvv - Wit - y hand and C. l seams NOTARY PUBLIC Mt i as N/ "� MONICA DUARTE - Afrin,-1_ Notary P�i ssi l 3 ,711-11 1.9)7 665E4# 1Vty commission expires: � ''W COMMISSION EXPIRES 4 MAY 29,2017 STATE OF UTAH Statement of Authority Buyer Full STCO Page 1 of 1 REAL PROPERTY TRANSFER DECLARATION -(TD-1000) GENERAL INFORMATION Purpose: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. Refer to 39-14-102(4), Colorado Revised Statutes(C.R.S.). Requirements: All conveyance documents (deeds)subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor(seller)or grantee(buyer). Refer to 39-14-102(1)(a),C.R.S. Penalty for Noncompliance: Whenever a Real Property Transfer Declaration does not accompany the deed,the clerk and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration be returned within thirty days after the notice is mailed. If the completed Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice, the assessor may impose a penalty of$25.00 or.025%(.00025)of the sale price,whichever is greater. This penalty may be imposed for any subsequent year that the buyer fails to submit the declaration until the property is sold. Refer to 39-14-102(1)(b),C.R.S. Confidentiality: The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer. However, it is only available to the seller if the seller filed the declaration. Information derived from the Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law. Refer to 39-5-121.5,C.R.S.and 39-13-102(5)(c),C.R.S. 1. Address and/or legal description of the real property sold: Please do not use P.O.box numbers_ Lots 1&2,Block 6,Bighorn Subdivision 3rd Addition,Eagle County,Colorado 4387 Columbine Drive Vail,Colorado 81657 2. Type of property purchased: _Single Family Residential _Townhome _Condominium —Other _Multi-Unit Res _Commercial Industrial Agricultural _Mixed Use w Vacant Land 3. Date of closing: November 17,2016 Date of contract if different than closing: September 04,2016 4. Total sale price: Including all real and personal property. $606,000.00 5. Was any personal property included in the transaction? Personal property would include,but is not limited to, carpeting,draperies,free standing appliances,equipment,inventory,furniture. If the personal property is not listed, the entire purchase price will be assumed to be for the real property as per 39-13-102,C.R.S. —Yes •K No If yes,approximate value$ Describe 6. Did the total sale price include a trade or exchange of additional real or personal property? If yes,give the approximate value of the goods or services as of the date of closing. Yes X No If yes,value$ If yes,does this transaction involve a trade under IRS Code Section 1031? Yes _No 7. Was 100%interest in the real property purchased? Mark"no"if only a partial interest is being purchased. X Yes No If no,interested purchased 8. Is this a transaction among related parties?Indicate whether the buyer or seller are related.Related parties include pe>s, r4s<ithin the same family,business affiliates,or affiliated corporations. Yes No 9. Check any of the following that apply to the condition of the improvements at the time of purchase. New Excellent Good _Average _Fair _Poor _Salvage Vacant land. If the property is financed,please complete the following. 10. Total amount financed. 11. Type of financing: (check all that apply) New Assumed Seller _Third Party Combination;Explain File No.:01330-87571 Page 1 of 2 Real Property Transfer Declaration TD 1000 STCO 12. Terms: Variable;Starting interest rate _ Fixed;Starting interest rate _ Length of time years Balloon payment _Yes _No. If yes,amount Due date 13. Please explain any special terms,seller concessions,or financing and any other information that would help the assessor understand the terms of sale. For properties other than residential(Residential is defined as: single family detached,townhomes,apartments and condominiums)please complete questions 14-16 if applicable. Otherwise,skip to#17 to complete. 14. Did the purchase price include a franchise or license fee? Yes No If yes,franchise or license fee value$ 15. Did the purchase price involve an installment land contract? Yes No If yes,date of contract • 16. If this was a vacant land sale,was an on-site inspection of the property conducted by the buyer prior to the closing? _Yes _No Remarks: Please include any additional information concerning the sale you may feel is important. 17. Signed this 17th day of November , 2016 Enter the day,month,and year,have at least one of the parties to the transaction sign the document,and include an address and a daytime phone number. Please designate buyer or seller. Buyer(s): 4387 COLUMBI>'' s= �,LLC,A COLORADO LIMITED LIABILITY x Gary Urdang Member 18. All future correspondence(tax bills,property valuations,etc.)regarding this property should be mailed to: P how 976) 6.s-6- a577 --� Address( C� U ' �� � `/Y/0�� /, Daytime Phone C 0 City,State and Zip Cod's File No.:01330-87577 Real Property Transfer Declaration TD 1000 STCO Page 2 of 2 • WARRANTY DEED State Doc Fee: $30.30 Recording Fee: $16.00 THIS DEED is dated the 17th day of November, 2016, and is made between Napoli Family Holdings, LLC, a Colorado limited liability company (whether one, or more than one),the"Grantor"of the County of Denver and State of Colorado and 4387 Columbine Drive, LLC, a Colorado Limited Liability Company (whether one, or more than one), the"Grantee",whose legal address is P.O. Box 250, Eden, UT 84310 of the County of Weber and State of Utah. WITNESS,that the Grantor, for and in consideration of the sum of Three Hundred Three Thousand Dollars and No Cents ( $303,000.00 ), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, located in the County of Eagle and State of Colorado described as follows: Lot 1 Block 6, BIGHORN SUBDIVISION THIRD ADDITION AMENDED PLAT COUNTY OF EAGLE, STATE OF COLORADO. also known by street address as: 4387 Columbine Drive, Vail, CO 81657 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantees, and the Grantees'heirs and assigns forever. The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, and the Grantee's heirs and assigns:that at the time of the ensealing and delivery of these presents,the Grantor is well seized of the premises above described; has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, and in fee simple; and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid; and that the same are free and clear from all former and other grants,bargains, sales, liens, taxes, assessments,encumbrances and restrictions of whatever kind or nature soever, except and subject to: See Exhibit"A" attached hereto and made a part hereof And the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, in the quiet and peaceable possession of the Grantees, and the heirs and assigns of the Grantees, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF,the Grantor has executed this deed on the date set forth above. NAPOLI FAMILY HOLDINGS, LLC,A COLORADO LIMITED LIABILITY COMPANY /714/704-6. • AketAZR.. atthew L. Napoli Member State of Colorado County of 0/4,60 r fA 1. The foregoing instrument was acknowledged before me this I� day of November, 2016 by Matthew L. Napoli as Member of Napoli Family Holdings, LLC, a Colorado limited liabi company. Wi es,. �r- d and off seal. otary Public S / Z11_fi 001 M61 U E, $ My tco mmissio n exjrs `SION EXPIRESMAY21,2011 I,TOSBreiS tip IeiEb U.4LiC 4 ,,ATE, t.i COLORADO id wrS .77200 411,,`a 5 s id;.. ,[ e'e r.......b,L. `S.€g v y�3 ...a^ ._—0 . Stewart Title File Number: 01330-87571 Page 1 932A WARRANTY DEED STCO EXHIBIT "A" DEED EXCEPTIONS Taxes and assessments for the year 2016, not yet due and payable. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. Reservations or exceptions in Patents, or in Acts authorizing the issuance thereof, including the reservation of a right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded November 22, 1939 in Book 123 at Page 625. Ten percent non-participating royalty in and to proceeds derived from the sale of minerals, of whatsoever kind and nature, produced and mined from the said premises, as reserved to Gust Kiahtipes and Eva J. Kiahtipes by instrument recorded November 2, 1962 in Book 166 at Page 407, and any and all assignments, thereof or interest therein and conveyance recorded September 19, 1966 in Book 200 at Page 143 as Reception No_ 104689_ Easement for construction and maintenance of gas distribution system in roads of Bighorn Subdivision as disclosed by document recorded August 11, 1965 in Book 190 at Page 405 as Reception No. 101914. All matters as shown on the Plat of Bighorn Subdivision,Third Addition,Amended Plat recorded as Reception No. 98059_ Declaration of Protective Covenants for Bighorn Subdivision Third Addition recorded June 12, 1963 in Book 175 at Page 135 as Reception No_ 97549 and Amendment to Declaration of Protective Covenants for Bighorn Subdivision Third Addition Amended Plat recorded April 23, 1965 in Book 187 at Page 195 as Reception No. 101301. Stewart Title File Number: 01330-87571 Page 2 932A WARRANTY DEED STCO WARRANTY DEED State Doc Fee: $30.30 Recording Fee: $16.00 THIS DEED is dated the 17th day of November, 2016, and is made between Napoli Family Holdings, LLC, a Colorado limited liability company (whether one, or more than one),the"Grantor"of the County of Denver and State of Colorado and 4387 Columbine Drive, LLC, a Colorado Limited Liability Company (whether one, or more than one),the "Grantee",whose legal address is P.O. Box 250, Eden, UT 84310 of the County of Weber and State of Utah. WITNESS,that the Grantor,for and in consideration of the sum of Three Hundred Three Thousand Dollars and No Cents ( $303,000.00 ), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, located in the County of Eagle and State of Colorado described as follows: Lot 2 Block 6, BIGHORN SUBDIVISION THIRD ADDITION AMENDED PLAT • COUNTY OF EAGLE, STATE OF COLORADO. also known by street address as: 4367 Columbine Drive, Vail, CO 81657 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantees, and the Grantees'heirs and assigns forever. The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, and the Grantee's heirs and assigns:that at the time of the ensealing and delivery of these presents,the Grantor is well seized of the premises above described; has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, and in fee simple; and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid; and that the same are free and clear from all former and other grants,bargains, sales, liens, taxes, assessments,encumbrances and restrictions of whatever kind or nature soever, except and subject to: See Exhibit"A" attached hereto and made a part hereof And the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, in the quiet and peaceable possession of the Grantees, and the heirs and assigns of the Grantees, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF,the Grantor has executed this deed on the date set forth above. NAPOLI FAMILY HOLDINGS, LLC,A COLORADO LIMITED LIABILITY COMPANY attheW`L. Napoli Member State of Colorado County of D cc-s The foregoing instrument was acknowledged before me this 1 day of November, 2016 by Matthew L. Napoli as Member of Napoli Family Holdings, LLC, a Colorado limited liabili company. Wit - t hand ar d official seal. Z;OLORaAII Notary Public6 7 C431 My commiss en h §A 4c 955 expires: 05112_1 �JY u G uwinSSA, i,EXPRES,MAY 21,201 Stewart Title File Number: 01330-87571 Page 1 932A WARRANTY DEED STC() EXHIBIT "A" DEED EXCEPTIONS Taxes and assessments for the year 2016, not yet due and payable. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. Reservations or exceptions in Patents, or in Acts authorizing the issuance thereof, including the reservation of a right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded November 22, 1939 in Book 123 at Page 625. Ten percent non-participating royalty in and to proceeds derived from the sale of minerals, of whatsoever kind and nature, produced and mined from the said premises, as reserved to Gust Kiahtipes and Eva J. Kiahtipes by instrument recorded November 2, 1962 in Book 166 at Page 407 , and any and all assignments, thereof or interest therein and conveyance recorded September 19, 1966 in Book 200 at Page 143 as Reception No. 104689. Easement for construction and maintenance of gas distribution system in roads of Bighorn Subdivision as disclosed by document recorded August 11, 1965 in Book 190 at Page 405 as Reception No. 101914. All matters as shown on the Plat of Bighorn Subdivision, Third Addition,Amended Plat recorded as Reception No. 98059. Declaration of Protective Covenants for Bighorn Subdivision Third Addition recorded June 12, 1963 in Book 175 at Page 135 as Reception No. 97549 and Amendment to Declaration of Protective Covenants for Bighorn Subdivision Third Addition Amended Plat recorded April 23, 1965 in Book 187 at Page 195 as Reception No. 101301. Stewart Title File Number: 01330-87571 Page 2 932A WARRANTY DEED STCO