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HomeMy WebLinkAboutDRB17-0112_Title report_1491258600.pdf Stewart Title of Vail, Inc. 97 Main Street, Suite W-201 Edwards, CO 81632 (970) 926-0230 (970) 926-0235 FAX Date: January 30,2006 Order Number: 6037504 Buyer: ! Trenton J. Staley Seller: James M.English.and Gayle L.English Property Address: 1475 Lions Ridge Loop W, Vail, CO 81657 Tax Schedule Number: I R006374 LISTING BROKER: ! SELLER: Slifer Smith&Frampton James M. English Attn: John Hayes 1184 Pintail.Circle Bridge Street Boulder,Colorado 80303 230 Bridge St. Phone: (303)442-8989 Vail, Colorado 81657 Phone: (970)476-2421 Fax: (970)476-2658 SELLING BR II'� BROKER: BUYER/BORROWER: Coldwell Banker Timberline Trenton J. Staley Attn: Peter Papangelis crostaley@aol.com 286 Bridge Str. ***SEND EXCEPTIONS*** Vail,Colorado 81657 Phone: (970)476-2113 Fax: (970)476-3084 ***SEND EXCEPTIONS*** LENDER: TBD WHEN MAKING ESCROW INQUIRIES,PLEASE CONTACT: Mike Moss at 970-926-0230 WHEN MAKING TITLE INQUIRIES,PLEASE CONTACT: Melanie Lang at (970) 926-0230 REFERENCE OUR ORDER NO.: 6037504 We Apprecia`e Your Business And Look Forward to Serving You in the Future. 1 American Land Title Association Commitment-- 1982 TITLE INSURANCE COMMITMENT BY stewart ►title guaranty company Order Number: 6037504 We agree to issue policyoyou accordingto the terms of the Commitment. When we show the policy amount and � your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date,our obligation under this Commitment will end. Also,our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligationgunder this commitment is limited bythe following: g The Provisions iii Schedule A. The Requirements in Schedule B-I. The Exceptions iti Schedule B-II. The Conditions on Page 2. This Commitment is not valid without SCHEDULE A and Sections I and II of SCHEDULE B. THIS COMMITMENT IS NOT AN ABSTRACT,EXAMINATION,REPORT OR REPRESENTATION OF FACT OR TITLE AND DOES NOS, CREATE AND SHALL NOT BE THE BASIS OF ANY CLAIM FOR NEGLIGENCE, NEGLIGENT MISREPRI SENTATION OR OTHER TORT CLAIM OR ACTION. THE SOLE LIABILITY OF COMPANY AND ITS TIT ,E INSURANCE AGENT SHALL ARISE UNDER AND BE GOVERNED BY PARAGRAPH 4 OF THE CONDITIONS.I IN WITNESS WHEREO , Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authori ed officers on the date shown in Schedule A. sw r t� t e a -- title guaranty company / ,,,,.., 4 ,x` 04 E si, ( .01,0,e 10/4 ' Zee r. 11-:co,p0,4„.S5) Chairman of the Hoard Ir,; ...*►_ '4 10/..., 1 9 0 8 O�' President 0 \ZEX A`' Countersigned: r d, / / / / I, Authorized Countersignature Stewart Title of Vail,Inc. 97 Main St.,Suite W-201 Edwards,CO 81632 Order Number: 6037504 Page 1 of 2 Commitment-235 W/O Disclosure { COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: January 13, 2006 at 8:00 a.m. Order No.: 6037504 2. Policy or Policies To Be issued: Amount of Insurance (a)A.L.T.A. Owner's (Extended) $1,020,000.00 Proposed Insured: TRENTON J. STALEY (b)A.L.T.A.LGan (Standard) $760,000.00 Proposed Insured: TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the Fee Simple estate or interest in said land is at the effective date hereof vested in: JAMES M. ENGLISH a d GAYLE G YLE L. ENGLISH 5. The land referred to in this Commitment is described as follows: West Parcel A RESUBDIVSIION OFA LOT 3, LION'S RIDGE SUBDIVISION FILING NO. 2 According to the plat recorded May 24, 1990 in Book 530 at Page 44 as Reception No. 426203. COUNTY OF EAGLE STATE OF COLORADO Purported Address: STATEMENT OF CHARGES 1475 Lions Ridge Loop W These charges are due and payable Vail, Colorado 81657 before a Policy can be issued: PREMIUMS: Owner's: $2355.00 Mortgage: 140.00 Tax Cert: 20.00 Form 110.1 50.00 STEWART TITLE GUARANTY COMPANY Commitment—Schedule A Page 1 of 1 COMMITMENT FOR TITLE INSURANCE SCHEDULE B—Section 1 REQUIREMENTS Order Number: 603750 4 II'I The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) • Ym gr O g gor(s) of the full consideration for the estate or interest!to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the Eagle County Treasurer. 4. Execution of affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. Com an . 5. Evidence satisfactory to Stewart Title Guaranty Company that the real estate transfer tax assessed by the Town of Vail has beenaid or that the transaction is exempt said e pt from said tax. 6. The Company requires for its review a satisfactoryaffidavit executed bythe owner of the land stating that therehave been no improvements on the land(includingfences or other p structures) lsiinnecedithspeudteaste,oorfOththeepr riaodrvesrusre ema.tItferths,e thsueryvme aryeavpepalesaranas eexnccreopaticohmns einnttsh,eovPeorlliacpys.,boundary Y Note: The company also requires for its review a copy of anyexistingsurveyor ILC the seller(s) • • ( ) may have in their possession. 7. Deed fromII Jamey M. English and Gayle L. English vesting fee simple title in Trenton J. Staley. NOTE: NOTATION OF THE LEGAL ADDRESS OF THE GRANTEE MUST APPEAR ON THE DEED AS PER 1976 AMENDMENT TO STATUTE ON RECORDING OF DEEDS CRS 38-35-109 (2). 8. Deed of Trust from the Borrower r Public to the Public Trustee for the use of the proposed lender to secure the loan. STEWART TITLE Order Number: 6037504 GUARANTY COMPANY Commitment—Schedule B 1 Page 1 of 1 COMMITMENT FOR TITLE INSURANCE SCHEDULE B—Section 2 EXCEPTIONS Order Number: 6037504 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claim* of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any facts, which a correct survey and itispection of the premises would disclose, and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by laws 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 value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims, reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights', claims or title to water. 7. Any and all unpaid taxes and assessments and anyunredeemed tax sales. p 8. 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. 9. Reservations or exceptions contained in U.S. Patents, or in Acts authorizing the issuance thereof, of record, reserving 1)Rights of the proprietor of a vein or lode to extract and remove his ore therefrom and 2) rights of way for ditches and canals constructed under the authority of the United States. 10. Restrictive covenants, which do not contain a forfeiture or reverter clause, as contained in instrument recorded September 20, 1972 in Book 225 at Page 443 as Reception No. 121218, and recorded September 29, 1972 in Book 225 at Page 565 as Reception No. 121341, and amended by instrument recorded January 22 1974 in Book 233 at Page 53 as Reception No. 128943 and Second Amendment to Protective Covenants, recorded July 1, 1983 in Book 362 at Page 804 as Reception No. 259131. 11. All matters as show p on the Plat of Lion's Ridge Subdivision, Filing No. 2 recorded September 20, 1972 as Reception No. 121219. 12. Agreement between Tayvel Environmental Land Company and Mountain States Telephone and STEWART TITLE Order Number: 6037504 GUARANTY COMPANY Commitment—Schedule B 2 Page 1 of 2 Telegraph Company, recorded September 27, 1973 in Book 231 at Page 291 as Reception No. 127161. • 13. Easement for gas life recorded February 28, 1990 in Book 523 at Page 806 as Reception No. 419972. 14. All matters shown on the Resubdivision Map recorded May 24, 1990 in Book 530 at Page 44 as Reception No. 426203. 15. Application forRevocable Permit recorded October 10, 1990 in Book 539 atPage 800 as Reception No. 435950. //r •. PartyWall A eeme nt and Declaration recorded May24, 1990in Book 530 at Page 45 as Reception �' � p No. 426204 and Restated Party Wall Agreement and Declaration recorded December 5, 1991 in Book 568 at Page 402 as 1eception No. 464523. / . ir _____.. -- pplication for Revocable Permit recorded July 17, 2002 as Reception No. 801745. 17, . NOTE: EXCEPTIONS 1 AND 4 ABOVEWILL BEDELETED ONTHE FINAL OWNERS POLICY, PROVIDED BOTH SELLER(S) AND PURCHASER(S) EXECUTE THE HEREIN REQUIRED AFFIDAVITS AND SAID AFFIDAVITS ARE APPROVED BY THE COMPANY. EXCEPTIONS 2 AND 3 WILL BE DELETED ON THE FINAL OWNERS POLICY PROVIDED THAT THE PRESENT OWNERS EXECUTE THE SURVEY AFFIDAVIT. EXCEPTION 5 WILL NOT APPEAR ON THE OWNERS POLICY, AND GAP PROTECTION WILL BE GRANTED PROVIDED THAT STEWART TITLE OF EAGLE COUNTY PERFORMS CLOSING DISBURSEMENTS AND RECORDING OF ALL DOCUMENTS. SEE "DISCLOSES" INCLUDED HEREWITH STEWART TITLE Order Number: 6037504 GUARANTY COMPANY Commitment—Schedule B 2 Page 2 of 2 DISCLOSURES 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 COUNT'TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; C. INFORMATION T ON REGaARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED PROM THE BOARD OF COUNTY COMMISSIONERS,THE COUNTY CLERK AND RECORDER, OR THE,COUNTY ASSESSOR NOTE: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Everytitle 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 Stewart Title of Vail, Inc. 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 g Y 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'$Liens. D. The Company mug 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. 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. Stewart Title of Vail,Inc. File Number: 6037504 Disclosures MINERAL DISCLOSURE Order No: 6037504 To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: (a) That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (b) That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. II Stewart Title of Vail,Inc. File Number:6037504 Mineral Disclosure Rev.07/2001 Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramjm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA,we are providing you with this document,which notifies you of the privacy policies and practices of Stewart Title Guaranty Company and Stewart Title of Vail,Inc.. We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information'!about your transactions we secure from our files,or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers non affiliated companies that perform services on our behalf. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Some states give you the right to access and correct nonpublic personal information. You may contact us in writing at out Hoene Office, if your state law gives you this right. Revised 6/05 CONDITIONS 1. DEFINITION (a) Mortgage means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give constructive notice of matters affecting your title—according to the state statutes where your land is located. 2. LATER DEFECTS The Exceptions in Schedule B — Section II may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B — Section I are net. We shall have no liability to you because of this amendment. 3. EXISTING OFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B,we may amend Schedule B to shown them. If we do amend Schedule B to show these defects, liens or encumbrances,����,we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION',OF LIABILITY Our only obligation is to issue to you the policy referred to in this Commitment when you have met itsRequirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: Comply with the Requirements shown in Schedule B—Section I. or Eliminate with our written consent anyExceptions shown in Schedule B—Section II. p We shall not b0 liable for more than the Policy Amount shown in Schedule A of this Commitment and our liabilityis subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms. Order Number: 6037504 Page 2 of 2 Commitment—235 W/O Disclosure II''