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Home My WebLink AboutTitle Commitment 11.13.2015 03.42.09 PM.pdf Stewart Title Company- Edwards 97 Main St., In the Riverwalk at Edwards, #W-201, P.O. Box 503 Edwards, CO 81632 View your transaction progress 24/7 via Stewart Online Ask us about your login today! Date: November 13, 2015 File Number: 01330-69889-C3 Property: 1956 West Gore Creek Drive, Vail, CO 81657 Please direct all Closing inquiries to: Cindy Denney Phone: (970)766-0232 Fax: (970)926-0235 Email Address: cdenney@stewart.com SELLER: BUYER: David L. Irwin Brian T. Sinclair and Hollie J. Sinclair Delivery Method: email Delivery Method: email LISTING AGENT: SELLING AGENT: Slifer Smith Frampton Real Estate Kentwood Real Estate DTC 531 E. Lionshead Cir, Suite 11 5690 DTC Blvd, Suite 600W Vail, CO 81657 Englewood, CO 80111 Contact: Debbie Irwin Contact: Phyllis Sinclair Email Address: dirwin@slifer.net Email Address Phyllis@kentwood.com Delivery Method: email Delivery Method: email LENDER: Englewood Mortgage Company 8400 E Crescent Parkway, Suite 350 Greenwood Village, CO 80111 (720) 689-5586 - Direct (720) 862-2037 - Fax NMLS# 384107 Co MB 100008420 WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. PLEASE FEEL FREE TO CONTACT THE ESCROW OFFICE AS NOTED ON THIS PAGE. We Appreciate Your Business and Look Forward to Serving You in the Future. American Land Title Association ALTA Commitment Form Adopted 06-17-06 ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. stewart Authorzed Countersignature title guaranty company Matt Morris ,,,, President and CEO n SLE G(/"' + TF X PS 0`�° ‘14/ - Denise C.rraux Secretary Copyright 2006-2009 American Land Title Association. All rights reserved. 9 AMERICAN The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. LAND TITLE All other uses are prohibited. Reprinted under license from the American Land Title Association. ASSOCIATION File No.01330-69889 ALTA Commitment Form 06-17-06 Page 1 of 2 American Land Title Association ALTA Commitment Form Adopted 06-17-06 CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or(b)to eliminate exceptions shown in Schedule B, or(c)to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at<http://www.alta.org/>. STEWART TITLE GUARANTY COMPANY All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Copyright 2006-2009 American Land Title Association. All rights reserved. 9 AMERICAN The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. LAND TITLE All other uses are prohibited. Reprinted under license from the American Land Title Association. ASSOCIATION File No.01330-69889 ALTA Commitment Form 06-17-06 Page 2 of 2 COMMITMENT FOR TITLE INSURANCE SCHEDULE A Version Date: 11/13/2015 at 5:42PM File No.: 01330-69889-C3 1. Effective Date: October 12, 2015 at 8:00AM 2. Policy or Policies To Be Issued: Amount of Insurance (a) ALTA Owner's (2006 Extended) $1,205,000.00 Proposed Insured: Brian T. Sinclair and Hollie J. Sinclair (b) ALTA Loan (2012 Short Form Residential) $960,000.00 Proposed Insured: EMC Holdings, its successors and/or assigns 3. The estate or interest in the land described or referred to in this Commitment is: FEE SIMPLE 4. Title to the said estate or interest in the land is at the Effective Date vested in: David L. Irwin 5. The land referred to in this Commitment is described as follows: See Exhibit"A"Attached Hereto Purported Address: STATEMENT OF CHARGES 1956 West Gore Creek Drive These charges are due and payable Vail, CO 81657 before a policy can be issued: Developer Rate 2006 Owner's Policy: $1354.00 Owner's Extended $65.00 Coverage: $150.00 2012 Loan Policy: $25.00 Tax Certificate: $50.00 CO Form 100: $50.00 ALTA Form 8.1-06 $35.00 STG Prior Deeds End.:: • Copyright 2006-2009 American Land Title Association. All rights reserved. g AMERICAN The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. LAND TITLE All other uses are prohibited. Reprinted under license from the American Land Title Association. ASSOCIATION File No.:01330-69889 stewart ALTA Commitment 06-17-06 title guaranty company Page 1 of 5 COMMITMENT FOR TITLE INSURANCE SCHEDULE A EXHIBIT "A" LEGAL DESCRIPTION Lot 45, VAIL VILLAGE WEST, FILING NO. 2 COUNTY OF EAGLE, STATE OF COLORADO. Copyright 2006-2009 American Land Title Association. All rights reserved. g AMERICAN The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. LAND TITLE All other uses are prohibited. Reprinted under license from the American Land Title Association. ASSOCIATION File No.:01330-69889 stewart ALTA Commitment 06-17-06 title guaranty company Page 2 of 5 COMMITMENT FOR TITLE INSURANCE SCHEDULE B Part I File No.: 01330-69889 The following requirements must be met: 1. Payment to or for the account of the grantor(s) or mortgagor(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. 3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment. 5. Execution of an acceptable survey affidavit certifying that there have been no new improvements constructed or major structural changes made on the subject property. NOTE: If improvements have been made on, or in connection with, the subject property, please notify the Company's escrow officer within 10 days of receipt of this title commitment. 6. Evidence satisfactory to Stewart Title Guaranty Company that the real estate transfer tax assessed by the Town of Vail has been paid or that the transaction is exempt from said tax. 7. Deed from vested owner(s)vesting fee simple title in the purchaser(s). 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 to the Public Trustee for the use of the proposed lender to secure the loan. NOTE: The vesting deed is shown as follows: Warranty Deed recorded January 10, 1979, in Book 280 at Page 647 as Reception No. 177056.\\\\Please be advised that our search did not disclose any open Deed of Trust of record. If you should have knowledge of any outstanding obligations, please contact the Title Department immediately for further review Prior to closing. Copyright 2006-2009 American Land Title Association. All rights reserved. g AMERICAN The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. LAND TITLE All other uses are prohibited. Reprinted under license from the American Land Title Association. ASSOCIATION File No.:01330-69889 stewart ALTA Commitment 06-17-06 title guaranty company Page 3 of 5 COMMITMENT FOR TITLE INSURANCE SCHEDULE B Part II File No.: 01330-69889 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. 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. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. 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. 10. Reservations or exceptions contained in U.S. Patents, or in Acts authorizing the issuance thereof, recorded June 15, 1918 in Book 93 at Page 15 and recorded October 4, 1918 in Book 93 at Page 301 , 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. 11. Protective Covenants recorded July 7, 1965 in Book 190 at Page 561 as Reception No. 101702 and the Addendum No. 1 to Protective Covenants, recorded February 16, 1970 in Book 217 at Page 75 as Reception No. 112632 . 12. All matters shown on the Plat recorded as Reception No. 101699 . 13. Order and Decree creating district recorded November 2, 1970 as Reception No. 114615 . NOTE: Exceptions 1 and 4 may be deleted from the policies, provided the seller and buyer execute the Company's affidavits, as required herein, and the Company approves such deletions. If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), and the Company has not reviewed and approved lien waivers and indemnitor financials, Standard Exception 4 (mechanic lien exception)will not be deleted and no mechanic lien coverage will be furnished. Exceptions 2 and 3 may be deleted from the policies, provided the Company receives and approves the survey or survey affidavit if required Copyright 2006-2009 American Land Title Association. All rights reserved. g AMERICAN The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. LAND TITLE All other uses are prohibited. Reprinted under license from the American Land Title Association. ASSOCIATION File No.:01330-69889 stewart ALTA Commitment 06-17-06 title guaranty company Page 4 of 5 COMMITMENT FOR TITLE INSURANCE SCHEDULE B Part II herein. Exception 5 will not appear on the policies, provided the Company, or its authorized agent, conducts the closing of the proposed transaction and is responsible for the recordation of the documents. Copyright 2006-2009 American Land Title Association. All rights reserved. g AMERICAN The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. LAND TITLE All other uses are prohibited. Reprinted under license from the American Land Title Association. ASSOCIATION File No.:01330-69889 stewart ALTA Commitment 06-17-06 title guaranty company Page 5 of 5 DISCLOSURES File No.: 01330-69889 Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT, B. A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; C. INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title of Colorado conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. 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. 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. STG Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act(GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below,we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal Do we share Can you limit this sharing? information. For our everyday business purposes—to process your transactions and maintain your account.This may include running the business and managing customer accounts, such as processing transactions, mailing, Yes No and auditing services, and responding to court orders and legal investigations. For our marketing purposes—to offer our products and services Yes No to you. For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes—information about your transactions and experiences.Affiliates are companies related by common ownership or control. They can be financial and non-financial Yes No companies. Our affiliates may include companies with a Stewart name; financial companies,such as Stewart Title Company For our affiliates' everyday business purposes— information about No We don't share your creditworthiness. For our affiliates to market to you–For your convenience,Stewart has Yes, send your first and last name, developed a means for you to opt out from its affiliates marketing even the email address used in your though such mechanism is not legally required. transaction, your Stewart file Yes number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non-affiliates to market to you.Non-affiliates are companies not related by common ownership or control.They can be financial and non- No We don't share financial companies. We may disclose your personal information to our affiliates or to non-affiliates as permitted by law. If you request a transaction with a non-affiliate, such as a third party insurance company,we will disclose your personal information to that non-affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTICES How often do the Stewart Title companies notify me We must notify you about our sharing practices when you request a transaction. about their practices? How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use,we use personal information? security measures that comply with federal law.These measures include computer, file,and building safeguards. How do the Stewart Title Companies collect my We collect your personal information,for example,when you personal information? • request insurance-related services • provide such information to us We also collect your personal information from others,such as the real estate agent or lender involved in your transaction,credit reporting agencies,affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing(e.g.,opt out)in certain instances,we do not share your personal information in those instances. Contact us: If you have any questions about this privacy notice,please contact us at:Stewart Title Guaranty Company, 1980 Post Oak Blvd.,Privacy Officer,Houston,Texas 77056 File No.: Revised 11-19-2013