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ALTA Owner's Policy(6-17-06)
POLICY OF TITLE INSURANCE ISSUED BY
stewart
title guaranty company
Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at
the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS,STEWART TITLE GUARANTY COMPANY,a Texas corporation,(the"Company")insures,as of Date of Policy and,to the extent stated in
Covered Risks 9 and 10,after Date of Policy,against loss or damage,not exceeding the Amount of Insurance,sustained or incurred by the insured be reason
of:
I. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(i) forgery,fraud,undue influence,duress,incompetency,incapacity,or impersonation;
(ii) failure of any person or Entity to have authorized a transferor conveyance;
(iii) a document affecting Title not properly created,executed,witnessed,sealed,acknowledged,notarized,or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law
(v) a document executed under a falsified,expired,or otherwise invalid power of attorney
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perforin those acts by electronic means
authorized by law;or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable,but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and
complete land survey of the Land. The term"encroachment"includes encroachments of existing improvements located on the Land onto adjoining
land,and encroachments onto the Land of existing improvements located on adjoining land. •
3. Unmarketable Title.
4. No right of access to and from the Land
•
•
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation(including those relating to building and zoning)restricting,
regulating,prohibiting,or relating to
(a) the occupancy,use,or enjoyment of the Land;
(b) the character,dimensions,or location of any improvement erected on the Land;
(c) the subdivision of land;or
(d) environmental protection
if a notice,describing any part of the Land,is recorded in the Public Records setting forth the violation or intention to enforce,but only to the extent of
the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action,
describing any part of the Land,is recorded in the Public Records,but only to the extent of the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise,describing any part of the Land,is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
Countersigned:
stewart
Laadj/
title guaranty company - )l 7iret
Au homed CowlemN2lure Senior Chairman or the board
r
Stewart Title of Colorado, Inc. e4"/ X, y.< ,✓ !�- 1
3:: ►
Vail Division-Vail Branch ,, loos > Chairman of me Board
292 E.Meadow Drive
``'T f%P Sin�'�A`t•
Vail,Colorado 81657 9k/it/deka—
Phone:970-479-6010
Fax:970-479-5593 President
Agent ID: 060058
Serial No.:0-9301-746753
ALTA OWNER'S POLICY 6-17-06
If ytinformation about t o a b ed assistance to solve complaints,please call our toll free t umbo: 1-800-729-J902. If you make a claim under your policy,you rant
furnish written notice in accordance with Section 3 of the Conditions. Visa our World-Wide Web site at wwwstewaccon.
C'
COVERED RISKS(Continued)
9. Title being vested other than as stated in Schedule A or being defective (i) to be timely,or
(a) as a result of the avoidance in whole or in part, or from a court order (ii) to impart notice of its existence to a purchaser for value or to u
providing an alternative remedy.of a transfer of all or any part of the title to judgment or lien creditor.
or any interest in the Land occurring prior to the transaction vesting Title 10. Any defect in or lien or encumbrance on the Title or other matter included in
as shown in Schedule A because that prior transfer constituted a fraudulent Covered Risks I through 9 that has been created or attached or has been tiled or
or preferential transfer under federal bankruptcy, state insolvency, or recorded in the Public Records subsequent to Date of Policy and prior to the
similar creditors'rights laws;or recording of the deed or other instrument of transfer in the Public Records that
(b) because the instrument of transfer vesting Title as shown in Schedule A vests Title as shown in Schedule A.
constitutes a preferential transfer under federal bankruptcy, state 'the Company will also pay the costs,attorneys'fees,and expenses incurred in defense
insolvency, or similar creditors'rights laws by reason of the failure of its of any matter insured against by this Policy, but only to the extent provided in the
recording in the Public Records Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy,and the (b) not Known to the Company.not recorded in the Public Records at Date of
Company will not pay Toss or damage.costs,attorneys'fees.or expenses that arise by Policy.but Known to the Insured Claimant and not disclosed in writing to
reason of. the Company by the Insured Claimant prior to the date the Insured
I. (a) Any law. ordinance,permit. or governmental regulation (including those Claimant became an Insured under this policy;
relating to building and zoning)restricting,regulating,prohibiting,or relating to (c) resulting in no Ins or damage to the Insured Claimant,
(i) the occupancy,use,or enjoyment of the Lund: (d) attaching or created subsequent to Date of Policy(however, this does not
(ii) the character,dimensions.or location of any improvement erected on modify or limit the coverage provided under Covered Risk 9 and 1W;or
the Land; (e) resulting in Toss or damage that would not have been sustained if the
(iii) the subdivision of land:or Insured Claimant had paid value for the Title.
(iv) environmental protection; 4. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or
or the effect of any violation of these laws,ordinances,or governmental regulations, similar creditors'rights laws. that the transaction vesting the Title as shown in
This Exclusion 1(a) does not modify or limit the coverage provided under Covered Schedule A.is
Risk 5. (a) a fraudulent conveyance or fraudulent transfer:or
(b) Any governmental police power. This Exclusion 1(b)does not modify or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this
limit the coverage provided under Covered Risk 6. policy.
2. 2. Rights of eminent domain. This Exclusion does not modify or limit the 5. Any Tien on the Title for real estate taxes or assessments imposed by
coverage provided under Covered Risk 7 or 8. governmental authority and created or attaching between Date of Policy and the
3. Defects,liens,encumbrances,adverse claims,or other matters date of recording of the deed or other instrument of transfer in the Public Records
(a) created,suffered,assumed,or agreed to by the Insured Claimant; that vests Title as shown in Schedule A.
CONDITIONS
1, DEFINITION OF TERMS (ii) With regard to (A), (B), (C), and (D) reserving however, all
The following terms when used in this policy mean; rights and defenses as to any successor that the Company would
(a) "Amount of Insurance": The amount stated in Schedule A,as may be have had against any predecessor Insured.
increased or decreased by endorsement to this policy, increased by (e) "Insured Claimant': An Insured claiming loss or damage.
Section 8(h),or decreased by Sections 10 and II of these Conditions. (f) "Knowledge" or "Known": Actual knowledge, not constructive
(b) "Date of Policy": The date designated as"Date of Policy"in Schedule knowledge or notice that may he imputed to an Insured by reason of
A. the Public Records or any other records that impart constructive notice
(C) "Entity': A corporation,partnership,trust,limited liability company, of maters affecting the Title,
or other similar legal entity. (g) "Land": The land described in Schedule A,and affixed improvements
(d) "Insured": The Insured named in Schedule A. that by law constitute real property. The tern"Land"does not include
(i) The teen"Insured"also includes any property beyond the lines of the area described in Schedule A.nor
(A) successors to the Title of the Insured by operation of law any right, title, interest,estate,or easement in abutting streets.roads.
avenues,alleys,lanes,ways,or waterways.but this does not modify or
as distinguished from purchase,including heirs,devisees,
survivors,personal representatives.or next of kin; limit the extent that a right of access to and fromthe Land is insured
(B) successors to an Insured by dissolution, merger, by this policy.
(h) "Mortgage": Mortgage, deed of trust trust deed, or other security
consolidation,distribution,or reorganization;
(C) successors to an Insured by its conversion to another kind instrument. including one evidenced by electronic means authorized
of Entity; by law.
(D) a grantee of an Insured under a deed delivered without (i) "Public Records": Records established under state statutes at Date of
Policy for the purpose of imparting constructive notice of matters
payment of actual valuable consideration conveying the Title
(I) if the stock, shares, memberships, or other equity relating to real property to purchasers for value and without
Knowledge, With respect to Covered Risk 5(d). "Public Records"
interests of the grantee are wholly-owned by the named
Insured, shall also include environmental protection liens filed in the records of 1
(2) if the grantee wholly owns the named Insured, the clerk of the United States District Court for the district where the
(3) if the grantee is wholly-owned by an affiliated Entity Land is located.
of the named Insured, provided the affiliated Entity and (I) "Title The estate or interest described in Schedule A.
(k) "Unmarketable Title":Title affected by an alleged or apparent natter
the named Insured are both wholly-owned by the same
person or Entity,or that would permit a prospective purchaser or lessee of the Title or
(4) if the grantee is a trustee or beneficiary of a trust lender on the Title to be released from the obligation to purchase,
lease,or lend if there is a contractual condition requiring the delivery
created by a written instrument established by the Insured
named to Schedule A for estate planning purposes, of marketable title.
CONDITIONS(Continued)
2. CONTINUATION OF INSURANCE Whenever squealed by the Company,the Insured, at the Company's
The coverage of this policy shall continue in force as of Date of Policy in expense, shall give the Company all reasonable aid
(i) in coon or
favor of an Insured, but only so long as the Insured retains an estate or evidence,obtaining witnesses,prosecuting or defendinggthe action or
interest in the Land,or holds an obligation secured by a purchase money proceeding,or effecting settlement,and(ii)in any other lawful act that
Mortgage given by a purchaser from the Insured, or only so long as the in the opinion of the Company may he necessary or desirable to
Insured shall have liability by reason of warranties in any transfer or establish the Title or any other matter as insured. If the Company is
conveyance of the Title. This policy shall not continue in force in favor of prejudiced by the failure of the Insured to furnish the required
any purchaser from the Insured of either(i)an estate or interest in the Land, cooperation,the Company's obligations to the Insured under the policy
or(ii) an obligation secured by a purchase money Mortgage given to the shall terminate, including any liability or obligation to defend.
Insured.
prosecute, or continue any litigation, with regard to the matter or
'natters requiring such cooperation.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT (b) The Company may reasonably require the Insured Claimant to submit
The Insured shall notify the Company promptly in writing(i)in case of any to examination under oath by any authorized representative of the
litigation as set forth in Section 5(a) of these Conditions, (ii) in case Company and to produce for examination,inspection,and copying.at
Knowledge shall come to an Insured hereunder of any claim of title or such reasonable limes and places as may be designated by the
interest that is adverse to the Title,as insured,and that might cause loss or authorized representative of the Company, all records, in whatever
damage for which the Company may be liable by virtue of this policy,or(iii) medium maintained, including books, ledgers, checks. memoranda,
if the Title,as insured,is rejected as Unmarketable Title. If the Company is correspondence, reports, e-mails, disks, tapes, and videos whether
prejudiced by the failure of the Insured Claimant to provide prompt notice, hearing a date before or after Date of Policy,that reasonably pertain to
the Company's liability to the Insured Claimant under the policy shall be the loss or damage. Further, if requested by any authorized
reduced to the extent of the prejudice. representative of the Company, the Insured Claimant shall grant its
permission, in writing, for any authorized representative of the
4. PROOF OF LOSS Company to examine, inspect. and copy all of these records in the
In the event the Company is unable to determine the amount of loss or custody or control of a third party that reasonably pertain to the loss or
damage,the Company may,at its option,require as a condition of payment damage. All inll Irma tion designated as confidential by the Insured
that the Insured Claimant furnish a signed proof of loss. The proof of loss Claimant provided to the Company pursuant to this Section shall ooh
must describe the defect.Then,encumbrance,or other matter insured against he disclosed to others unless, in the reasonable judgment of the
by this policy that constitutes the basis of loss or damage and shall state,to Conhpany,it is necessary in the administration of the claim. Failure of
the extent possible. the basis of calculating the amount of the loss or the Insured Claimant to submit for examination under oath.produce
damage. any reasonably requested information,or grant permission to secure
reasonably necessary information from third parties as required in this
5. DEFENSE AND PROSECUTION OF ACTIONS subsection,unless prohibited by law or governmental regulation,shall
(a) Upon written request by the Insured, and subject to the options terminate any liability of the Company under this policy as to that
contained in Section 7 of these Conditions,the Company, at its own claim
cost and without unreasonable delay,shall provide for the defense of
an Insured in litigation in which any third party asserts a claim 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
covered by this policy adverse to the Insured. This obligation is TERMINATION OF LIABILITY
limited to only those stated causes of action alleging matters insured In case of a claim under this policy,the Company shall have the following
against by this policy. The Company shall have the right to select additional options_
counsel of its choice(subject to the right of the Insured to object for (a) To Pay or Tender Payment of the Amount of Insurance. To pay or
reasonable cause)to represent the Insured as to those stated causes of tender payment of the Amount of Insurance under this policy together
action. It shall not be liable for and will not pay the fees of any other with any costs,attorneys'tees,and expenses incurred by the Insured
counsel. The Company will not pay any fees, costs, or expenses Claimant that were authorized by the Company up to the time of
incurred by the Insured in the defense of those causes M action that payment or tender of payment and that the Company is obligated to
allege matters not insured against by this policy. pay. Upon the exercise by the Company of this option, all liability
(b) The Company shall have the right,in addition to the options contained and obligations of the Company to the Insured under this policy,other
in Section 7 of these Conditions, at its own cost to institute and than to make the payment required in this subsection,shall terminate,
prosecute any action or proceeding or to do any other act that in its including any liability or obligation to defend,prosecute,or continue
opinion may be necessary or desirable to establish the Title, as any litigation.
insured, or to prevent or reduce loss or damage to the Insured. The (b) To Pay or Otherwise Settle With Parties Other Than the Insured or
Company may take any appropriate action under the terms of this With the Insured Claimant
policy,whether or not it shall he liable to the Insured. The exercise of hi) To pay or otherwise settle with other parties for or in the name
(hese rights shall not be an admission of liability or waiver of any of an Insured Claimant any claim insured against under this
provision of this policy. If the Company exercises its rights under this policy. In addition, the Company will pay any costs.attorneys
subsection,it must do so diligently. tees, and expenses incurred by the Insured Claimant that were
(e) Whenever the Company brings an action or asserts a defense as authorized by the Company up to the time of payment and that
required or permitted by this policy, the Company may pursue the the Company is obligated to pay;or
litigation to a final determination by a court of competent jurisdiction, (ii) To pay or otherwise settle with the Insured Claimant the loss or
and it expressly reserves the right,in its sole discretion,to appeal any damage provided fhr under this policy,together with any costs.
adverse judgment or order. attorneys fees, and expenses incurred by the Insured Claimant I
that were authorized by the Company up to the lime of payment '
6. DUTY OF INSURED CLAIMANT TO COOPERATE and that the Company is obligated to pay.
(a) In all cases where this policy permits or requires the Company to Upon the exercise by the Company of either of the options provided
prosecute or provide for the defense of any action or proceeding and fhr in subsections (b)(i) or (ii), the Company's obligations to the
any appeals,the Insured shall secure to the Company the right to so Insured under this policy for the claimed loss or damage, other than
prosecute or provide defense in the action or proceeding,including the the payments required to be made, shall terminale, including any
right to use, at its option, the name of the Insured for this purpose. liability or obligation to defend,prosecute,or continue any litigation.
CONDITIONS(Continued)
8. DETERMINATION AND EXTENT OF LIABILITY Insured Claimant,the Company shall defer the exercise of its right to
'Ellis policy is a contract of indemnity against actual monetary loss or recover until after the Insured Claimant shall have recovered its loss.
damage sustained or incurred by the Insured Claimant who has suffered loss (b) The Company's right of subrogation includes the rights of the Insured
or damage by reason of matters insured against by this policy. to indemnities, guaranties. other policies of insurance, or bonds.
(a) The extent of liability of the Company for loss or damage under this notwithstanding any terms or conditions contained in those
policy shall not exceed the lesser of instruments that address subrogation rights.
(i) the Amount of Insurance;or
(ii) the difference between the value of the Title as insured and the 14. ARBITRATION
value of the Title subject to the risk insured against by this Either the Company or the Insured may demand that the claim or
policy. controversy shall be submitted to arbitration pursuant to the Title Insurance
(b) If the Company pursues its rights under Section 5 of these Conditions Arbitration Rules of the American Land Title Association("Rules"). Except
and is unsuccessful in establishing the Title,as insured, as provided in the Rules, there shall be no joinder or consolidation with
(i) the Amount of Insurance shall be increased by 10%,and claims or controversies of other persons. Arbitrable inners may include.
(ii) the Insured Claimant shall have the right to have the loss or but are not limited to.any controversy or claim between the Company and
damage determined either as of the date the claim was made by the Insured arising out of or relating to this policy,any service in connection
the Insured Claimant or as of the date it is settled and paid. with its issuance or the breach of a policy provision. or to any other
(c) In addition to the extent of liability under(a)and (b), the Company controversy or claim arising out of the transaction giving rise to this policy.
will also pay those costs, attorneys' fees, and expenses incurred in All arbitrable matters when the Amount of Insurance is$2,000,000 or less
accordance with Sections 5 and 7 of these Conditions. shall be arbitrated at the option of either the Company or the Insured. All
arbitrable matters when the Amount of Insurance is in excess of$2.000,000
9, LIMITATION OF LIABILITY shall be arbitrated only when agreed to by both the Company and the
(a) Ii the Company establishes the Title, or removes the alleged defect, Insured. Arbitration pursuant to this policy and under the Rules shall be
lien,or encumbrance.or cures the lack of a right of access to or from binding upon the parties. Judgment upon the award rendered by the
the Land.or cures the claim of Unmarketable Title,all as insured,in a Arbitrators)may he entered in any court of competent jurisdiction.
reasonably diligent manner by any method,including litigation and the
completion of any appeals,it shall have fully performed its obligations 15. LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE
with respect to that matter and shall not be liable for any loss or CONTRACT
damage caused to the Insured. (a) This policy together with all endorsements.if any,attached to it by the
(b) In the event of any litigation,including litigation by the Company or Company is the entire policy and contract between the Insured and the
with the Company's consent,the Company shall have no liability for Company. In interpreting any provision of this policy.this policy shall
loss or damage until there has been a final determination by a court of he construed as a whole.
Ibl Any claim of loss or damage that arises out of the status of the Title or
competent jurisdiction.and disposition of all appeals.adverse to the
Title.as insured. by any action asserting such claim shall be restricted to this policy.
(c) The Company shall not be liable for loss or damage to the Insured for ( I Any amendment of or endorsement to this policy vast be in writing
liability voluntarily assumed by the Insured in settling any claim or and authenticated by an authorized person, or expressly incorporated
suit without the prior written consent of the Company. by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is shade a pan of
10. REDUCTION OF INSURANCE;REDUCTION OR TERMINATION this policy and is subject to all of its terms and provisions. Except as
OF LIABILITY the endorsement expressly states, it does not ti) modify any of the
All payments under this policy,except payments made for costs,attorneys' terms and provisions of the policy.(ii)modify any prior endorsement,
fees,and expenses,shall reduce the Amount of Insurance by the amount of (iii) extend the Date of Policy, or (iv) increase the Amount of
the payment. Insurance.
I I. LIABILITY NONCUMULATIVE 16. SEVERABILITY
The Amount of Insurance shall he reduced by any amount the Company In the event any provision of this policy,in whole or in part,is held invalid
pays under any policy insuring a Mortgage to which exception is taken in or unenforceable under applicable law. the policy shall he deemed not to
Schedule B or to which the Insured has agreed,assumed,or taken subject,or Include that provision or such part held to be invalid,but all other provisions
which is executed by an Insured after Date of Policy and which is a charge shall remain in full force and effect.
or lien on the Title,and the amount so paid shall be deemed a payment to
the Insured under this policy. 17. CHOICE OF LAW;FORUM
(a) Choice of Law: The Insured acknowledges the Company has i
12. PAYMENT OF LOSS underwritten the risks covered by this policy and determined the
When liability and the extent of loss or damage have been definitely fixed in premium charged(herefore in reliance upon the law affecting interests
accordance with these Conditions, the payment shall be made within 30 in real properly and applicable to the interpretation,rights, remedies.
days. or enforcement of policies of title insurance of the jurisdiction where
the Land is located.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT Therefore, the court or un arbitrator shall apply the law of the
(a) Whenever the Company shall have settled and paid a claim under this jurisdiction where the Land is located to determine the validity of
policy, it shall be subrogated and entitled to the rights of the Insured claims against the Title that are adverse to the Insured and to interpret
Claimant in the Title and all other rights and remedies in respect to the and enforce the terms of this policy. In neither case shall the conn or
claim that the Insured Claimant has against any person or property,to arbitrator apply its conflict- of law principles to deterntitle the
the extent of the amount of any loss, costs, attorneys' fees, and applicable law. j
expenses paid by the Company. If requested by the Company, the (c) Choice of Forum: Any litigation or other proceeding brought by the
Insured Claimant shall execute documents to evidence the transfer to Insured against the Company must be filed only in a state or federal
the Company of these rights and remedies. The Insured Claimant court within the United States of America or its territories having
shall permit the Company to sue,compromise,or settle in the name of appropriate jurisdiction.
the Insured Claimant and to use the name of the Insured Claimant in
any transaction or litigation involving these rights and remedies. If a IS. NOTICES,WHERE.SENT
payment on account of a claim does not fully cover the loss of the Any notice of ch um and any other notice or statement wining required to be given
to the Company under this policy nhust be given to the Company at Claims
Department at P.O.Box 2029.Houston,TX 77252-2029.
ALTA OWNER'S POLICY(6/17/06)
SCHEDULE A
Name and Address of Title Insurance Company: Stewart Title Guaranty Company
P.O.Box 2029
Houston,Texas 77252-2029
Order Number: 901950 Policy Number: 0-9301-746753
Date of Policy: February 27, 2009 at 4:30 PM
for the date of recording of the insured deed,whichever is later)
Amount of Insurance: $500,000.00 Premium: $1,450.00
*Address Reference: 2883 Kinnikinnick Road Unit A-2
Vail,Colorado 81657
1. Name of Insured:
Kimberly J. Sperry
2. The estate or interest in the land that is insured by this Policy is:
Fee Simple
3. Title to the estate or interest in the land is vested in:
Kimberly J. Sperry
4. The land referred to in this policy is described as follows:
Condominium Unit 2,
Building A,
VAIL INTERMOUNTAIN SWIM AND TENNIS CLUB CONDOMINIUMS
(NOW KNOWN AS TIMBER CREEK LODGES CONDOMINIUMS) _.
According to the Condominium Map recorded February I, 1980 in Book 298 at Page 151 as Reception No. 194542
and according to the Condominium Declaration recorded February 1, 1980 in Book 298 at Page 150 as Reception
No. 194541 and the First Supplement thereto recorded June 16, 1981 in Book 324 at Page 619 as Reception No.
220984 and the First Amendment recorded January 18, 2008 as Reception No.200801243.
COUNTY OF EAGLE
STATE OF COLORADO
`FOR COMPANY REFERENCE PURPOSE ONLY,NOT AN INSURING PROVISION •
ALTA Owner's Policy—Schedule A (-Ste�Warl�
Page I of I Policy Typist:LKR company guaranty
ALTA OWNER'S POLICY(6/17/06)
SCHEDULE B
PART I
Exceptions From Coverage
Order Number: 901950 Policy Number: 0-9301-746753
This policy does not insure against loss or damage (and the Company will not pay costs,
attorney's fees or expenses) which arise by reason of:
1. Rights or claims of parties in possession, not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting
the title that would be disclosed by an accurate and complete land survey of the Land and
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 law and not shown by the public records.
5. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing
the issuance thereof.
6. Water rights, claims or title to water.
7. All taxes for 2009 and subsequent years, which are a lien not yet payable.
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, recorded September 28, 1904 in Book 123 at Page 3 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. All matters as shown on the Plat of Vail Intermountain Development Subdivision, Block
2 recorded as Reception No. 113672.
11. Protective Covenants recorded July 24, 1970 in Book 218 at Page 281 as Reception No.
113872, and instrument recorded November 17, 1970 in Book 219 at Page 120 as
Reception No. 114734, also affidavit recorded April 28, 1971 in Book 220 at Page 379 as
Reception No. 116033, and Amendment recorded April 28, 1971 in Book 220 at Page
380 as Reception No. 116034.
12. Easement granted to Upper Eagle Valley Sanitation District, by Vail Intermountain
Associates, in the instrument recorded August 7, 1970 in Book 218 at Page 417 as
Reception No. 114008. ^.,y
ALTA Owner's Policy Schedule B-I SteWa La
Page I of 2
amu nuaiamy company
ALTA OWNER'S POLICY(6/17/06)
13. Right of way for the uninterrupted flow of Gore Creek.
14. Condominium Declaration for Vail Intermountain Swim & Tennis Club Condominiums
recorded February 1, 1980 in Book 298 at Page 150 as Reception No. 194541 and the
First Supplement thereto recorded June 16, 1981 in Book 324 at Page 619 as Reception
No. 220984 and the First Amendment recorded January 18, 2008 as Reception No.
200801243.
15. All matters shown on the Condominiums Map recorded February 1, 1980 in Book 298 at
Page 151 as Reception No. 194542.
16. Grant of Easement to Vail Intermountain Water District, by T. Charles Ogilby, Trahern F.
Ogilby, and Stanleigh H. Cole, for water well and well site facilities, as recorded April
15, 1981 in Book 321 at Page 626 as Reception No. 217994.
NOTE: A description for this easement was omitted, however it appears likely to effect
subject property(common area).
17. Easement from Vail Intermountain Associates to Upper Eagle Valley Sanitation District
as described in document recorded August 7, 1980 in Book 218 at Page 417 as Reception
No. 114008.
18. Conveyance of Easement from Trahern Investments, Ltd., a Colorado corporation and
S.H. Cole Construction Company, a Colorado corporation, as declarants under the
Condominium Declaration to Trahern Investments, Ltd.,a Colorado corporation and S.H.
Cole Construction Company, a Colorado corporation a perpetual, non-exclusive easement
and right-of-way over, across and through common area, as recorded January 30, 1987 in
Book 456 at Page 749 as Reception No. 352982 and Assignment of Easement recorded
September 21, 1999 as Reception No. 709432.
19. Utility Easement granted to Public Service Company, as contained in the instrument
recorded December 13, 1993 in Book 627 at Page 365 as Reception No. 523427.
20. Statement of Election recorded March 15, 2007 as Reception No. 200706884.
21. Any and all existing leases and tenancies.
22. Deed of Trust executed by Kimberly J. Sperry to the Public Trustee of Eagle County,
dated February 25, 2009, in the principal amount of$375,000.00, payable to Clarion
Mortgage Capital.
ALTA Owner's Policy Schedule B-I Step it
Paget of 2 �" tmey aremrcomPm,y
ENDORSEMENT
ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE
SERIAL NUMBER 0-9301-746753
stewart ..
-♦title guaranty company
HEREIN CALLED THE COMPANY
Order Number: 901950 Charge: $50.00
The Policy is hereby amended by deleting Paragraph(s): 1-4, inclusive,of Schedule B,Part I.
This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements
thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior
endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount
thereof.
Signed under seal for the Company,but this endorsement is to be valid only when it bears an authorized countersignature.
Countersigned: stewart
0 )
Stith r
(y it
guaranty company .f Acy<i tem"n fe?Bo d
I
Senior Chairman of the Board
Authoncd Countersignature 14N-''
\4S' ;i,64,099
t¢: LOORq eF
3w _Y-
Stewart Title of Colorado, Inc. �.tt' +e o e .i chairman of the Board
Vail Division—Vail Branch ' MzMs�� •
292 E. Meadow Drive
Vail,Colorado 81657 ���!
President
Phone: 970-479-6010
Fax:970-479-5593
Agent ID:060058
Serial No. E-9851-10270665
Form 110.1 Deletion of Exception(s)Endorsement