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HomeMy WebLinkAboutPEC140042_PEC140042 title report_1416866520.pdfMORTGAGOR($): LAND TITLE CLOSING AGENT: GORSUCB,L'ID.,A COLORADO CORPORATION -~ scarrDAvm GORSUCH AND R. ICA'.IBBIUNB GORSUCH • FOIDl 13139 0112014 refi.no.res.odt ABC500384Z6 {ll8208&4} --------------·------·~~-~---- 111111111111111111111111111111 llll Ill H · THIS FORM BAS JJlfPORTA.NT LEGr\L CDNSBQUENCESAND TIHl BORROWER(S) SHOULD CONSULT LEGM.AND TAK OR OTllEJl OOUNSEL BBPORB SIGNING. Escrow No.: ABC.50038426 Date: Property situate at: 26.1 GORE CREEK DR. VAIL CO 81657 BORROWER'S CLOSING INSTRUCTIONS GORSUCH. L'I'D.,A COLORADO CORPORA110N AND SCO'IT DAVID GORSUCH AND R. KATHERINE GORSUCH (the "Boaower(sj) 1. The Borrower(s) have instructed Land Title Guarantee Company ("Land Th:Je"), which hereby agrees to provide closing and settlement services for a proposed loan (the ''loan") approved by and in favor of ANB BANK (the "Lender"), in regard to the real property, more fully described in the Commitment issued under the above Escrow Number. 2. Land Title is authorized to obtain any infoimation necessary for the closing of the loan. Borrower will furnish any additional information and documents required by Land Title that will be necessary to complete this transaction. 3. Borrower(s) hereby instruct Land Title to act as scrivener for the Bortowei{s) in the preparation and/or completion of those . documents necessary to cmry out the terms and conditions of the loan, including where necessaiy a deed conveying the interest of the BolTOwer{s) to a named grantee (collectively the "Documents"), and to deliver and record. where necessary, the Documents, pursuant to these instructions and the instructions of the Lender. Bo1T0wer(s) agree to hold Land ntle harmless from any liability, damages or expenses arising out of these iDstructions. The Bmrowei{s) represent and acknowledge that a) Land Title has recommended that the Bomiwer(s) consult with legal coumel regarding the Documents; b) Land title has not advised or instructed the BoITOWer(s) regarding the creation, effect or adequacy of the Documents; c) The deed shall be completed in a fmm that is approved by the Borrower(s). 4. Land Title will receive a fee, as agreed upon by the Borrower and Land Title prior to dosing, for providing these closing and settlement services. 5. Land Title shall disburse all funds in accordance with the Settlement Statement approved by the Borro~ when and only when: a) all requirements of the Lender, as disclosed in the closing instructions prepared by the Lender and accepted by Land Title, have been completed to the satisfaction of the Lender, and Land Title has received the written approval of the Lender to disburse the funds; b) all state and federal statutory requirements and regulations have been complied with; c) all requirements of Land Title for the issuance of the Loan Policy of Title Insurance have been completed to the satisfaction of Land Title or its mderwriter; d) all funds received are either: (a) available for immediate withdrawal as a matter of right from the financial institution in which the funds have been deposited. or (b) are available for .immediate withdrawal as a consequence of an agreement of a financial institution in which the fund; are to be deposited or a financial institution upon which the funds are to be drawn ('"Good Fundsj. 6. Borrower will receive any net proceeds as indicated in the Settlement Statement executed by the Borrower by way of: _ Cashier's Check (after giving Land Title 24 hours notice of thls requirement); _ Funds Electronically transfen-ed ("Ware transfer") to an accoum specified by BoITOWer Land Title's trust account check 7. Land Title will prepare and deliver closing statements to the Bmrower and Lender prior to or at the time of closing. 8. Borrower acknowledges that the amounts shown in the closing statements are based on information provided to Land Title. Borrower agrees that in the event that either BoITOWel" or Land 11tle is notified by any party that some or more of the information is incorrect, resulting in a shortfall in payment to a named payee, BolTOwer shall immediately, after such notification, or after notification by Land Title to Boirower, tender the funds required to correct and complete the payment, and 'With the intent to obtain a release of any lien held by the payee. 9. Any amendments to, or termination of, these Closing Instructions must be in writing and signed by Borrower(s) and Land ntle. 10. If closing or disbursement does not occur on or before the date agreed to by the Borrower and/or Lender, Land ntle is authorized and agrees to return all documents, JDODies, and things of value to the depositing party, upon which Land Title will be relieved from any further duty, responsibility or liability in connection with these instructions. In addition, any promissory Fann 13551 Ol12014 cloli.inst.comm.borrower.odt ABC50038426 {18820868} note, deed of trust or othel" evidence of indebtedness signed by Bonower shall be voided by Land ntle and all originals returned to the Lender. 11. ADDmONAL PROVISIONS: GORSUCH. Lm.ACOLORADO CORPORATION SCC11TDAVID GORSUCH AND R. KADIERINE GORSUCH These Closing Instructions are approved and accepted Land Title Guarantee Company By'~ Form 13551 0112014 dos.inst.comm.bonower.odt ABC50038426 {18820868} Ill 11111111 lllHlllllllllllllllll II Ill DISCLOSURES The undersigned hereby acknowledge that they underst.and and agree to the following provisions: I..aws Rclatine tn Und•hned Fmvls All parties are hereby advised that checks issued by Land Title Guarantee· Company ("Land Titlej and not cashed by the payee are subject to laws of escheat and/or unclaimed property. Should Land Title transfer such funds to a state office, pursuant to such Jaws, Land Title shall be released from all further responsibility under this agreement and shall not be liable to any Party. FDIC I jmit Nqtjrr The insurance coverage provided by the Federal Deposit Insurance Corporation protects a depositor up to c:mnulative maximum deposit of $250,000.00 for each hlsured financial institution. OWnership is determined by the deposit records of the fimuvial IDstitutton and/or the records of the named OlStodian of any esaow accounts. Land Title and its underwriter aMUIDe no responsibility for nor will 1he undersigned hold same liable for any loss wbich arises from the fact that the amount of the above deposit may cause the aggregate amount of any individual depositor's accounts to exceed $250,000.00. F1mds JleJd by Land 'lide · Land Title sball deposit all funds received pursuant to any closing and settlement selVices separate and apart from the assets of the company, in an account designated as an escrow account or custodial account and so recognized by the depositmy institution in the name of Land Title as the Fscrow Agent (Escrow Account). Similar deposits from other customers conducting other real estate transactions are inclnded in this Fscrow Account. The majority of these funds are receiVl'd at closing and on completion of the transaction, are disbursed for the benefit of the seller, buyer or in the case of a refinance, for the benefit of the owner. Land Title will pay any and all costs associ.aled wil:h the use of the Escrow Account, but in order to he1p keep settlement costs and fees down, Land Title may arrange for the bank to provide it with a number of services at a reduced rate, or at no dJarge, or may eam interest on the Escrow Account balance. Interest earned, if any, shall be paid to Land 11t1e. In no event will any such arrangement restrict or limit in any way the disbursement of the funds you deposit in accordance with the instructions given by you and the Statement of Settlement relating to your transaction. The party for wbo8e benefit the funds are disbursed (most oftm the l!ll!ller or~ in the C88e flf. a refinance) may elect to haw a portion of. the interest eamed OD the fiduciary funds in the .Escrow Aa:ouat paid 10 that party. If the seller or owner makes this election, please (i) inform Land 'fide immediately, (h) check the box provided below OD this fonn and (ih) complete an IRS Form W-9 (which will be provided by Land Iitle). It is important to know that the fiduciary funds cannot be placed in a separate interest bearing accowtt for that party's benefit until Land Title 1s in receipt of all required forms. A non-refundable admlnistrative fee of $50.00 will be collected by Land Title as compensation for processing the documentation, set ==·of funds to the ~l Jj maint1Jining of audit and reconciliation records and coordinating the tax Authorized and accepted this day of ~. DwDl:l:OO;. GORSUCH. I.:ID.,ACOLORADO CORPORATION SCO'ITDAVJD GORSUCH AND R. KA'l'llBRINE GORSUCH Form 13370 01/2012 disclosure.fiduciaiy.odt ABCS0038426 {18820866} If the eleai.on is made to a have poltion of the interest earned on the fiduciary funds in the Escrow Accown paid to you, please check the approprlate box below. c::::::J Seller hereby elects to have Seller's fldudai.y funds invested and agrees to the administrative fee of $50.00. 0 Buyer hereby elects to have Buyer's fiduciai.y funds invested and agrees to the administrative fee of $50.00. D Dwner (Refinance) hereby eleas to have OWner's fi.dudillY funds invested and agrees to the administrative fee of $50.00 Disclosures (revised 1212011) pg.2of2 Ill I llll 111111111111111111111111111111 SEIJ.ER-OWNER FINAL AFFIDAVIT AND AGREEMENT Commitment No. ABC50038426 RE: Real propeny and improvements located at: 263 GORE CREEK DR. VAil.. CO 81657 in the County of EAGLE State of Colorado, more particularly described in the Commitment (the "Property'} SEE A'ITACBED "EXJllBIT A" The Undersigned. Owner-Seller of the Real Estate and Improvements located on the herein desaibed property, being first duly sworn on oath, for the purpose of inducing Land Title Guarantee Company to issue its ALTA Policy of Title Insurance, in coUDeCtion with the property described in said commitment, do hereby make the following representations to Land Title Guarantee Compcuw, with full lm.owledge and intent that said company shall rely thereon: 1. That those certain persons, firms and corporations, including the General Contractors, and all subcontractors hired by or under contract with the Wldersigned who have furnished services, labor or materials, according to plans and specifi.altions or otherwise, used in connection with the construction of Improvements on the real estate herein described, have been paid in full. 2 'Ibat no claims have been made to the undersigned. nor is any suit now pending on behalf of any contractoi; subcontractor, laborer or mater:ialman, nor any other suit of any kind, and that no chattel mortgage, conditional bills of sale, securlty agreements or financing statements have been made. Further, the undersigned has no lm.owledge of any liens or encumbrances, not reflected on the commitment, recorded or unrecorded affecting the subject property. 3. That there bas been no architectural service or other work of any kind, contracted for or otherwise ordered by the undel'Signed within the last 120 days, paid or unpaid, which could establish a priority for any future mechanics' lien claimant. If services or other work has been contracted for within the preceding 120 days, the undel'Signed is required to attach a description of same with the corresponding payment infonnation. 4. That all improvements coDStIUCted on the real estate herein described were completed on or before the day of dosing. 5. That all fees, assessments and charges of the homeowners asrociation having jurisdiction over the above descrlbed property. if applicable, are cmrent at thJs time. Drbere are no existing leases or tenancies affecting said property. LJbe undersigned hereby certifies that the Rent Roll attached hereto is true and comet. In light of the foregoing facts, the mulersigned, in consideration of the ~uance by Land Title Guarantee Company of a policy of Title Insurance covering said property in the manner described by the 1Uldersigned as set out above, hereby promise. covenant, and agree to hold harmless, protect and indemnify Land Title Guarantee Company, and any title insurance company that has issued an ALTA Policy of insurance pursuant to the commitment described above, from and against those liabilities, losses, damage expenses and charges. including but not limited to reasonable attorneys• fees (including attorney's fees in the enforcement of this agreement) and expenses of litigation arising out of any inaccuracies in the above representations. Owner(s) Forwarding Address: 263 E GORE CREEK.DR VAR., CO 11657 Form 13589 07/2008 comm.refi.aff.odt ABC50038426 GORSUCH. r:m. A COLORADO CORPOR.VION SCOlTDAVID GORSUCH AND R. ICATHBRINE GORSUCH {18820867} State of Colorado ) O..J,-, )ss. County of f' 11" "--) J The foregoing final affidavit and agreement was subscribed and affirmed before me on this day of ~ oU5, ~:; SCCJIT DAVID ORSUCHAS PRESIDENTIIREASURER OF GORSUCH. LID.,A COLORADO C<J0RATION AND SCOOT D~ 0 UCHAND RSUCH Fonn 13589 0712008 comm.refi.aff.odt {18820867} EXIDBITA PARCEL 1 msroruc LEGAL DESCRIPTION: LOTS C, D AND E, BLOCK 5, VAIL VILLAGE, FIRST FILING, ACCORDING 10 THE RECORDED MAP THEREOF, COUNIY OF EAGLE, STATE OF COLORADO, TOGETHER WITH A PAR!' OF TRACTB, VAIL VILLAGE, FIRST FILING, DESCRIBED AS FOLLOWS: BEGINNING PU1HE SOUI'HEAST CORNER OF LOT E, BLOCK 5, VAIL VILLAGE, FIRST FILING, THENCE NORI'H O DEGREES 09 MlNUTES 00 SECONDS WEST ALONG THE EASTERLY LINE OF LOI' BAND Lar D, SAID BLOCK 5, A DISTANCE OF 54.26FEETTO1HE SOUTHEAST CORNER OF LOT C, SAID BLOCKS. THENCE NOIUH 13 DEGREES 15 MINUl'ES 00 SECONDS WEST AND ALONG THE EASTERLY LINE OF SAID LOI' CA DISTANCE OF 23.38 FEET TO THE NORIHEAST CORNER OF SAID LOT C, 1HENCE SOUTH 82 DEGREES 23MINUTESEASTALONG1HE NOIUHERLYLINE OF SAID LOI' C EXTENDED A DISTANCE OF 11.57 FEET, THENCE SOUIH 4 DEGREES 31 MINUTES 16 SECONDS WEST A DISTANCE OF 75.72 FEET TO THE TRUE POINT OF BEGINNING, EXCEPTING 1HEREFROM: A PORTION OF Lar C, BLOCK 5, VAIL VILLAGE, FIRST FILING, A SUBDMSION IN THE 10WN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO DESCRIBED AS: BEGINNING PU1HE NORTHWEST CORNER OF SAID LOT C WIDCH IS A POINT OF TANGENT ON THE EASTERLY LINE OF BRIDGE STREET; THENCE SOUTH 82 DEGREES 23 MINUTES 00 SECONDS EAST 55.06 FEET ALONG THE NORI'HERLY LINE OF SAID LOT C; THENCE SOUTH 4 DEGREES 22 MINUfES 00 SECONDS WEST 1.08 FEET; THENCE NORI'H 85 DEGREES 38 MINUTES 00 SECONDS WEST 56.58 FEET TO A POINT ON A 92.30 RADillS CURVE WlllCH IS THE EASTERLY LINE OF BRIDGE STREET; THENCE 4.50 FEET ALONG THE ARC OF SAID CURVE TO THE RIGID' WHOSE CENfRAL ANGLE IS 2 DEGREES 47 MINUTES 34 SECONDS AND WHOSE LONG CHORD BEARS NORIH 25 DEGREES 17 MINUfES 13 SECONDS 4.50 FEET TO THE POINT OF BEGINNING. PARCEL 1 SURVEYED LEGAL DESCRIPTION: SITUATE IN THE 10WN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, BEING LOTS C, D, AND E, BLOCK 5, MAP OF VAIL VILLAGE, FIRST FILING 'IOGE'IHBR WITHAPARI' OF TRACT B, MAP OF VAIL VILLAGE, FIRST FILING, DESCRIBED AS FOLLOWS: BEGINNINGAT1HESOUTHEASTCORNEROF LOT E, BLOCK 5, MAP OF VAIL VILLAGE, FIRST FILING, THENCE NORI'H 0009'00n WEST ALONG THE EASTERLY LINE OF LOT E AND LOT D, SAID BLOCK 5, A DISTANCE OF 49.82 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE OF LOI' D NORTH 1315'00" WEST A DISTANCE OF 4.25 FEET TO THE SOurHEAST CORNER OF LOT C, SAID BLOCK 5 (LAST TWO COURSES CALLED A TOTAL OF 54.26 FEET ON SAID MAP); THENCE NORI'H 1315'00" WEST ALONG 1HE EASTERLY LINE OF SAID LOT c A DISTANCE OF 23.35 FEETro THE NORTHEAST CORNER OF SAID Lar c (SHOWN AS 23.38 FEET ON SAID MAP); TIIENCE SOUTH 8223'00n EAST ALONG 1HE NORIHERLYLINE OF SAID LOT C EXTENDED A DISTANCE OF 12.50 FEET (CALLED 11.57 FEET IN THAT CERTAIN WARRANTY DEED RECORDED JANUARY 31, 1986 IN BOOK 435 AT PAGE 715AS RECEPTION NO. 331969); THENCE SOlITH 0431'16" WEST A DISTANCE OF 75.26 FEET (CALLED 75.72 FEET IN SAID WARRANIY DEED) TO 1HE POINT OF BEGINNING. EXCEPfING THEREFROM: A PORTION OF LOT C, BLOCKS. VAIL VILLAGE, FIRSf FILING, ASUBDMSION INTHE TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO DESCRIBED AS: BEGINNING ATTHE NORI'HWEST CORNER OF SAID LOf C WIIlCH IS A POINT OF TANGENT ONnIE EASTERLY LINE OF BRIDGE STREET; THENCE soum 8223'00" EAST 55.()6 FEET ALONG THE NORTHERLY LINE OF SAID LOT C; THENCE SOUTH 0422'00" WEST 1.08 FEET; THENCE NORI'H 8538'00" WEST 56.58 FEET TO A POINT ON A 92.30 RADIUS CURVE WHJCH IS THE EASTERLY LINE OF BRIDGE STREET; THENCE 4.50 FEET ALONG THE ARC OF SAID CURVE TO Tim RIGIITWHOSE CENTRAL ANGLE IS 247'34" AND WHOSE LONG CHORD BEARS NORI'H 2517'13" EAST 4.50 FEET 10 THE POINT OF BEGINNING. PARCEL 1 SURVEYED LEGAL DESCRIPI10N PREPARED BY ROBER!' C. HUTl'ON, PLS #24312 PARCEL 2: 1HOSE CERIAIN BUILDINGS KNOWN AS THE "CLOCK TOWERn BUil.DINGS AND THE 01'HER IMPROVEMENTS, WlilCH ARE AND SHALL REMAIN REAL PROPERTY; SITUATED ON LOTS C, D AND E, BLOCK 5, VAIL VILLAGE, FIRST FILING, ACCORDING 10 THE Fonn 13589 07/2008 comm.refi.aff.odt ABC50038426 {18828867} RECORDED PLATTIIEREOF, COUNTY OF EAGLE, STATE OF COLORADO. TOGEl'HER WITH A PA.RI" OF TRACT B, VAIL VILLAGE, FIRST FILING, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOlITHEAST CORNER OF LOT E, BLOCK 5, VAil.. VILLAGE, FIRST FILING, 11IENCE NORTII 0 DEGREES 09 MINlITES 00 SECONDS WEST ALONG THE EASTERLY LINE OF Lar EAND Laro, SAID BLOCK 5, A DISTANCE OF 54.26 FEET ID THE SOUTIIEA.ST CORNER OF LOT C, SAID BLOCK 5, THENCE NOKI'H 13 DEGREES 15 MINUI'ES 00 SECONDS WEST AND ALONG 1HE EASTERLY LINE OF SAID Lar CA DISTANCE OF 23.38 FEET ID THE NORI'HEAST CORNER OF SAID LOT C, TIIENCE SOU1H 82 DEGREES 23 MINUTES EAST ALONG THE NORIHERLYLINE OF SAID Lar C EXTENDED A DISTANCE OF 11.57 FEET, THENCE SOU1H 4 DEGREES 31 MINUI'ES 16 SECONDS WEST A DISTANCE OF 75.72 FEET ID THE TRUE POINT OF BEGINNING. EXCEPI'ING TIIEREFROM: APORfION OF Lar C, BLOCK 5, VAil.. VILLAGE, FIRST FJLING, A SUBDMSION IN1HE TOWN OF VAil.., COUNfY OF EAGLE, STATE OF COLORADO DESCRIBED AS: BEGINNING AT THE NORI'HWFSl' CORNER OF SAID LOT C WJilCH IS A POINT OF TANGENT ON THE EASTERLY LINE OF BRIDGE sm.EET; TIIENCE SOUI'H 82 DEGREES 23 MINUTES 00 SECONDS EAST 55.06 FEET ALONG THE NORIHERLY LINE OF SAID LOT C; TIIENCE SOUIH 4 DEGREES 22 MINUTES 00 SECONDS WEST 1.08 FEET, THENCE NORI'H 85 DEGREES 38 MINUI'ES 00 SECONDS WEST 56.58 FEET TO A POINT ON A 92.30 RADIUS CURVE WHICH IS THE EASTERLY LINE OF BRIDGE S'JREET; THENCE 4.50 FEET ALONG TIIB ARC OF SAID CURVE TO TIIB RIGHT WHOSE CENTRAL ANGLE IS 2 DEGREES 47 MINUTES 34 SECONDS AND WHOSE LONG CHORD BEARS NOKI'H 25 DEGREES 17 MINUTES 13 SECONDS 4.50 FEET ID THE POINT OF BEGINNING, AS GRANTED IN A CONVEYANCE FROM JOHN P. MCBRIDE TO SCOTT DAVID GORSUCH AND R. KATHERINE GORSUCH DATED JANUARY 28, 1986 RECORDED JANUARY 31. 1986 IN BOOK 435.ATPAGE 415, AND AS GRANTED IN TIIAT CERI'AINW.ARRANTYDEED DATED DECEMBER 1, 1988 FROM SCOTT DAVID GORSUCH AND R. KATHERINE GORSUCH 1U GORSUCH, LTD., A COLORADO CORPORATION RECORDED JANUARY 3, 1989 IN BOOK 497 AT PAGE 828 IN THE OFFICE OF SAID COUNTY RECORDER. PARCEL 1 SURVEYED LEGAL DESCRIPTION: SITU.ATE IN THE TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO, BEING LOTS C, D, AND E, BLOCK 5, MAP OF VAIL VILLAGE, FIRST FILING TOGETIIER WTIHA PART OF TRACT B, MAP OF VAIL VILLAGE, FIRST FILING, DESCRIBED AS FOLLOWS: BEGINNING AT 1HE SOUI'HEAST CORNER OF LOT E, BLOCK 5, MAP OF VAIL VILLAGE, FIRST FILING, THENCE NOKI'H 0009'00" WEST ALONG THE EASTERLY LINE OF LOT E AND LOT D, SAID BLOCK 5, A DISTANCE OF 49.82 FEET; THENCE CONI1NUING ALONG SAID EASTERLY LINE OF LOI' D NORIH 1315'00" WEST A DISTANCE OF 4.25 FEET TO THE SOurnEAST CORNER OF LOT C, SAID BLOCK 5 (LAST TWO COURSES CALLED A IDI'AL OF 54.26 FEET ON SAID MAP); 'IHENCE NORI'H 1315'00" WEST ALONG THE EASTERLY LINE OF SAID LOI' C A DISTANCE OF 23.35FEETTO1HE NORTHEAST CORNER OF SAID LOI' C (SHOWN AS 23.38 FEET ON SAID MAP); THENCE SOUTH 8223'00" EAST ALONG THE NOKI'HERLY LINE OF SAID LOT C EXTENDED A DISTANCE OF U.50 FEET (CALLED 11.57FEETIN1HAT CEKI'AIN WARRANIY DEED RECORDED JANUARY 31, 1986 IN BOOK 435.AT PAGE 715AS RECEPTION NO. 331969); THENCE SOUTH 0431'16" WEST A DISTANCE OF 75.26 FEET (CALLED 75.72 FEET IN SAID WARRANTY DEED) 1U TIIE POINT OF BEGINNING. EXCEPI'ING TIIEREFROM: A PORfION OF LOT C, BLOCK 5, VAIL VILLAGE, FIRST FILING, A SUBDMSION IN THE IDWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO DESCRIBED AS: BEGINNING AT THE NORI'HWEST CORNER OF SAID LOT C WHICH IS A POINT OF TANGENT ON THE EASTERLY LINE OF BRIDGE STREET; THENCE SOUTH 8223'00" EAST 55.06 FEET ALONG THE NOKI'HERLY LINE OF SAID LOT C; THENCE SOUTH 0422'00" WEST 1.08 FEET; THENCE NORTII 8538'00"WEST 56.58 FEET TO A POINT ON A 92.30 RADIUS CURVE WlilCH IS THE EASTERLY LINE OF BRIDGE STREET; THENCE 4.50 FEET ALONG THE ARC OF SAID CURVE TO THE RIGHfWHOSE CENTRAL ANGLE IS 247'34" AND WHOSE LONG CHORD BEARS NOKI'H 2517'13" EAST 4.50 FEET TO THE POINI' OF BEGINNING. Fom 13589 07/2008 comm.refi.aff.odt {18828867} STATEMENT OF AUTHORITY (CRS 38-30-172) Eagle County, CO 201406700 Teak J Simonton 04/30/2014 Pgs: 1 10:03:06 AM REC: $11.00 DOC: $0.00 1. This ~cnt of Authority relates 1x> an entity named Qont'?b Ltd 2. The type of entity is a: comontion· 3. The entity is formed under the laws of the State ofQ>lora4o. 4. The mailing address for the entity is 263 East Gore Creek, Vail. Colorado 81651. S. The name and position of each person authorized to execut.e instruments conveyin& encumbering. or otherwise affecting title to real property on behalf of the entity is: s. David OorsuclL President 6. The amhority of the foregoing person(s) 1x> bind the entity is not limited. 7. This Statement of Authority amends and supersedes in all respects any prior Stat.ement of Authority executed on behalf of the entity. Executed this ;>.;\lay of April, 2014. GORSUCH, LTD., a Comdo~ By:~ ~ ~ VidOOl'SUdl, President STATE OF COLORADO ) ) ss: COUNTY OF __ e ..... a_.g_le.o.=._. ____ ) The foregoing instrument was acknowledged before me this~ day of Apnl, 2014 by S. David Gorsuch as President of Gotsueh, Ltd., a Colorado corporation. Vttness m.r hand and official seal. My commission expjres: a,. ... :>,, · 11 . · ~Bl.ACK ~ .. p EJr:;, ci:. . NOTARY PlllUC Notary Public STATE OFCQ.ORAD() . llt'Q1Us~2D134011947 · --• FEIRIMRY 11.-IJ17 {A0041936 / l } STATEMENT OF AUTHORITY (CRS 38-30-172) Eagle County, CO 201406701 Teak J Simonton 04/30/2014 Pgs: 1 10:03:06 AM REC: $11.00 DOC: $0.00 1. This Stat.emmt of Authority relates to an entity named RKG Farnily PJnastt Tmst. 2. The type of entity is a: lnHi- 3. The entity is formed under the laws of the State of Colorado. 4. The mailing address for the entity is 263 F.ast Oore Creek. Vail. ColOrado 81657. 5. The name and position of each person authorized to execute Uistruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is: S. David Gorsuch. Trustee . 6. The am:hmity of the foregoing person(s) t.o bind the entity is not limited. 7. This Statement of Authority amends and supersedes in all respects any prior Statement of Authority executed on behalf of the entity. Executed tbis_n.day of April, 2014. STATE OF COLORADO ) ) ss: COUNTYOF~E'AoCM,To4~\tL-~~--.1) The fOl'egoing instrument was acknowledged before me this ..:l:l__ day of April, 2014 by s. David Gorsuch as Trustee of RK.O Family Dynasty Trust, a COimBdo trust Witocss my hand and official seal My commission Cxpircs: ;;\-;.\..y ( J Notarf Public ~ • •t •• (A004189l/ 1 } STATEMENT OF AuTHORITY (CRS 38-30--1'72) Eagle County, CO 201406702 Teak J Simonton 04/3012014 Pgs: 1 10:03:06 AM REC: $11.00 DOC: $0.00 1. This Statement of Authority rdat.cs to an entity MJDed SDO Fmnily Dynasty Trust · 2. The type of entity is a: ~ 3. The entity is formed under the laws of the Stat.c of Colorado·· 4. The mailing address for the entity is 263 F.ast Gore Creek. Vail Colorado 81657. 5. The name and position of each perscin authorized to execute instruments conveyin& encumbering, or otherwise affecting title to real property on behalf of the entity is: Renie K. Gorsuch, Trustee 6. The authority of the foiegoing person(s) to bind the entity is nm limited. 7. This Statement of Authority amends and supersedes in all respects any prior Statement of Authority cxecut.ed on behalf of the entity. · Executed this _L:!}eay of April. 2014. STATE OF COLORADO ) SDG FAMILY DYNASTY TRUST, a Colonr\ trust By:~~\(-~ Rmie K. Gorsucl4 Trustee ) ss: COUNTY OF _Eotj=--=--~~.-.=------J) The foregoing instrument was acknowledged before me thisdrl, day of April, 2014 by Renie K. Gorsuch as Trustee of 800 Family Dynasty Trust, a Colfl'Sle'1!mt;~ Witness my hand and official seal. ·My commiss~ expires: Si)..-;)] -I) Notary Public {A0041192 / l } Eagle County, CO 201406705 Teak J Simonton 04/30/2014 Pgs: 5 10:03:06 AM REC: $6.00 DOC: $0.00 . UCC FINANCING STATEMENT FOLLOW INSTRUCTIONS A. NAME ll PHONe OF CONTACT AT FILER (DPtionlllJ B. E-MAIL CONTACT AT ALER (lip1ionall C. SEND ACKNOWLEDGMENT TO: IName and Addtessl ~Bank, Aspen I 325 Bast Main Aspc:n. Colorado 81611 L _J ntE .ABOVE &PACE 18 FOR.Fll.llll8 OFFK:E U& ONLY 1. DEBTOR'S NAME: PnNtdoi .... !!!!Dmlm..,. C1a m 1bl C--flll -donllomlt, moclly, or *-Im MV l*taf lhe Clllltor'e llllllll: If""'*" °'h-~• _ ... nol 111 In line tit. -lllof"""', blank, --0 -pcoVtda tile -Dobla:ir lnfarmdlln In ..... 10of ... -....---!Form UC:C1.MI I a. OACIANIZATION'S NAM! OR Gorsudl. LID. I b. INDIWlUAL 'S &UllNAMi Rll8T PERSONAL NAME ADDITIONAL N.wl!lllllNTW.tli SUFFIX I c. MAIUMC! ADIJl'll!llS CITY STATE IPOITALCODE alUKlllY 263 B. Gore Creek Drive Vall co 816'7 . USA 2, DEBTOR'S NAME: Prootc1un1y-llli.Dt11tor-C2a ar 2b1 c---=t.ful _do_omlt. madlfy,ar _.. ony p•tal 11111-'w•....i; If Ml' pertal._lndllllmll C111mlr'a ...,,..,._fttinlln•2b,.....,ollof"*"2bl-.-'<._.O ond~llalndlllldualDobtmlnrorrnatlaftlnhmm10alllll""mdre--1-UCIC:1MI 2L ~TION'SNAMI ...... OR 2b. 1"Dl\llDUH. '8 llUftNAMI! FNfPBUIONAL~ ADOll"IOIW. NAMl!lllNTW.lllf SUffDC 2c. MAii.DE ADDRESS CITY STATE IPOSl'AL COile CCUNTRY 3 SECURED PARTY'S NAME :.Car NAMEaf A&SIGNEEal AS&IGNOA _,__, PARl'YJ:-anly,... leeu..S Pllny-(3.1 «3111 3a. CJlllBANIZATION'S NAME 011 ANBBanlc 3b. INDIVIDUAL'S IUANANE FIRST PEAllONAL-E ADDnlOHAL NiWE!SlllNll'IAl.m SUFFIX 3c. MALINB ADDAEllS CITY &TATE IPO&TAL CODI: COUNTRY 325 P.ast Main ABpcn co 81611 ~SA 4. COLLATERAL: l1lil financing ---Ille l'dloWlr4I coll-FIXTURBS: All gooda DOW or m the ftltme affixed or attacbed lO real estate. ,_lnaTftllllolaUCCtAd,llmm 17-~ ... CIWmlllRlf ...... la--ldlt--. ~T-Mnl-T- 7.ALTIHIATIVE!ElllNATION 11...--.: ·-~ 8. OPTTOMAL Fl.ER FlliflllSlllCE DATA: F1L1N8 OfflCE CO" -UCC FINANCING STATEMENT (Form UCC1 I (R9v. 04120JI 1) llb. Cl.mJDr. I ....-----box: Nm..uc:cFi .. UCC FINANCING STATEMENT ADDENDUM FOLLOW INSTRUCTIONS 9. NAME OF FIRST DEBTOR: -• -u ar 1b on F.,._,. 8-If _,11 _ llft bl----~-dlllnorftt,,,,__ D !IL OllGAlllZATION'S NAME Gol'IUCb., LTD. OR 11b.. INDIVIDUAL"ll 8Ull'IAME l'lllS'f PlllllSCllW. NAMI! ADDrl'IONAL-EC&IANITIALIBJ rUFFIX THE AllOVE SPACE m FOR FILlllCI OfflCE USE ONLY 10. DE8TOR'S NAME:,._ 110. ot 10lll ""liJ ---iwne or-----fir In 1M lb ot Zb at the~ .....,.nr CFGrm UCC11 --tun_,., dD-amlt. modify, otmmwllla MlY lllltol 1h9Diaar's _,,. nl-tlw 1111111111,....,_ In h 10c 10.. Oll&ANIZAllON"S NAME OR 10b. N>MOUAL'S SUllNAME N>MDUAl.'B Flll&T l'INIONAL NAME INDIVIDUAL'S ADDITIONAL ~llANITIALlll IU'Fll< 10c. MAIUNG-Elll CITY IS'l'ATE ,_,,AL CODE COUNTRV n.n ADDITIONAL SECURED PARTY'S NAME .!It n ASSIGNOR SECURS> PARTY'S NAME: ._...cdrl!!l-C'11ur 11111 11• • .._TION'S NAME Oii 1111. ·-'&~ l'IAST--ADDmQIW. NAMllll/INITIALlll -IX I le. MAILINl3 A1X111188 CITY IS'l'AT'I! ,~Al.CODI! COUHT'ftY 12. ADDITIONAL Sf'ACE FOR ITEM 4 IColn.nll: __ .......... ----ia-•a!-lllng 11i.-lnl-ol•..coHUOWNliRol ___ lnl-111 10.0oo ...... o1...i- Hf Olbllll'-not-a ,_,i lnler.-J: 1be goods are or •to become fiDures on: See Attachal Bxhibit A. 17. MISCELLANEOUS: !'UNG OfllllCI! COPY -UCC FINANQNG STATEMENT ADDENDUM (Form UCC1Ad) (Rev. 04120/11) -ir;--11 -IJCC.1AD4713 tl30l2013 201406705 201406705 PAR@.I: KXHIBITA DUCRIPl'ION OJ' THE PROPERTY ($8.000.000.00 LOAN) A LEASEHOlD AS CREATFD BY THAT CERTAIN LEASE DATED JANUARY 31, 1986, BXBCUTBD BY JOHN. P. MCBRIDE. AS LANDLORD, AND SC01T DAVID OORSUCH AND R.1CA1HBR.INE OORSUQI,, AST.EN.ANT. AS REFERHNCED IN THE DOCUMBNT ENTITI..ED "MEMORANDUM OP LEASE AND GRANT OF RlGm' OF FIRST REFUSAL" RECORDED JANUARY31.1986INBOOK435 ATPAG"B 716.FOR 11IB TERM.AND UPON AND SUBJECT TO ALL nm PROVISIONS CONTAINBD IN SAID DOCUMENT, AND IN SAID LBASB, AS AMRNDED. AS TO: LOTS C,. D AND E, BU>CK S. VAD.. VILLAGE, FIRST FILING, ACCORDING TO 1HE RECORDED MAP nmREOF. COUNTY OF EAGLE. STATE OF COLORADO, TOGETHER. W1'lH A PART OF TRACT B, VAIL VILLAGB, FIRSTFil.ING, DESCRIBED AS FOLLOWS: BEGINNING AT nm SOUilIBAST CORNER OF LOTE, BLOCKS, VAIL vn.LAGE, FIRST PILING, THENCE NORm 0 DEGREES 09 MINUTES 00 SECONDS WFSr ALONG 11lE EASTBRLY LINB OP WT BAND LOT D, SAID BLOCK 5, A DISTANCE OF 54.26 PEET TO mB SOUTHEAST CORNER. OF LOT C. SAID BLOCK 5, 111ENCB NORTII 13 DEGREES lS MlNUTES 00 SECONDS WEST AND ALONG 1HE RASlERL Y LINE OF SAID LOT CA DISTANCE OF 23.31 FFEf TO mE NORTIIEAST CORNER OF SAID LOT c. nmNCB soun112 DEGREES 23 MlNln'ES EAST ALONG nm NOR.TIIERL y I.JNE OP SAID LOT C EXTBNDED A DISTANCE OP 11.57 FBET, THENCE SOtml 4 DEGREES 31MINUlES16SECONDSWF.ST ADISTANCEOF7S.72FF.ErTO'DIETR.UEPOINTOF BEGINNING, EXCEPTING THEllEFR.OM: A PORTION OF LOT C, BLOCKS, VAIL VILLAGE, FIRST FILING, A SUBDMSION IN 1HE TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLOllAOO DBSCRJBBD AS: BBGINNING AT nm NOR1HWE8T CORNER OF SAID LOT C WHICH IS A POJN'f OF TANORNT ON nm EASTERLY UNE OF BIUIXJB STREET: TIIENCE soum 82 DEGREES 23 MINUTES 00 SECONDS BAST .55.06 FEET ALONG THE NORTHERLY LINE OF SAID LOT C; lHENCB SOUIH 4 DEGRE.BS 22 MINUTES 00 SECONDS WEST 1.08 FEET; nmNCE NOR.nt 85 DEGREES 38 MJNU'l'ES 00 SECONDS WEST 5658 PEET TO A POINTON A !>2.30 RADWS CURVE WHICH IS THE EASTERLY LINE OF BRIDGE S'IRBET; THENCE 4.50 FBET ALONG THEAllC OF SAID CUR.VB TO TIIE RIOHT WHOSE CENTRAL ANGLE IS l DEGREES 47 MINU1ES J4 SECONDS AND WHOSE LONG CHORD BEARS NOR.nl 2S DEGREES 17MINU1ES 13 SECONDS 4.SO PBET TO 'IllE POJNT OF BEGJNNINO. PARCEL 1 SURVHYIID LHGAL DESCR.1P110'N: SITIJATB IN THE TOWN OF VAIL, COUNI'Y OF EAGLE, STATE OF COLORADO. BEING LOTS C, D, AND E, BLOCK 5, MAP OF VAIL VILLAGE, FIRST Fll.JNG TOGETHER. WITH A PART OF TRACT B, MAP OF V.All.. VIl.LAGB. FIRST FILING, DESCRIBED AS FOLLOWS: BEGINNING AT m:E. SOUTHEAST CORNER OF LOT E. BLOCK s. MAP OF V All. Vlll.AOE. FIRST FILING. THENCE NOR.nl 00"09'00" WEST ALONG 1llE EASTBRL Y LINE OF LOT E AND LOT D, SAID BLOCK. 5, A DISTANCE OF 49.ll FEET; 1HENCE CONTINUING ALONG SAID EASTBRLY LINE OF WT DNORTII 13°1.5'00" WEST A DISTANCE OF 4.25 FEET TO mE SOU'IHBAST CORNPR OF LOT C, SAID BLOCIC S (LAST TWO COURSES CAILED A TOTAL OP 54.26 PEET ON SAID MAP); THBNCE NORTII 13°15'009 WEST ALONO THE EASTERLY LINE OF SAID LOT CA DISTANCE OP ll.3! FEET TO THB NOR.'IHEAST CORNER OF SAID LOT C (SHOWN AS 23.38 PEET ON SAID MAP); IHENCE SOUlll 82°23'00• EAST ALONG nm NOR'IHERLY LINE OF SAID LOT C BXTENDED A DISTANCE OF 12.50 FEET (CAILBD 11.57PEETIN1HAT 201406705 CERTAINWARRAN1YDEEDRECORDEDJANUARY31, 19861NBOOK43SATPAGE 715 AS llECF.PTION NO. 331969); TimNCE SOUIH 04°3 l '16• WEST A DISTANCB OF 75.26 FF.BT (CAILBD 73.72 FRET IN SAID WARRANTY DEED) TO 1llB POINT OF BEGINNING. EXCEP'IThlG THEREFROM: A PORTION OF LOT C. BLOCKS, VAil.. Vil.LAGE, FIRST FllJNG. A SUBDMSION IN THE TOWN OF VAIL, COUNTY OFEA.GLE, STATE OF COLORADO DESCRIBED AS: BEGINNING AT THE NOR'IHWEST CORNER OF SAID LOT C WHICH IS A POINT OF TANGENT ON 'lllB EASTBRL Y LlNB OP BlUDGE STREET; 11iENCE SOU1H 12"23'00• EAST SS.06 FEET ALONG THE NORTHERLY LINE OF SAID LOT C; THENCE SOUIH 04"22'00" WEST 1.0I FBBT; THENCE NOR1H 8508'00" WEST 56.S& FEET TO A POINT ON A 9130 RADIUS CUR.VE WIDCH IS 1llE EASTERLY LINE OF BRIDGE STREET; THENCB 4.50 FFEr ALONG111E ARC OF SAID CUR.VE 10 nm RIGHT WHOSE CENTRALANGLEIS2•47'34•ANDWffOSRLONGCHORDBEAllSNORlH25°1Tl3• EAST 4.SO FBET TO 1llB POINT OF BEGINNING. PARCFL l SURVEYED I.BOAL DESCRIPTION PREPARED BY ROBERT C. HUTION. PLS#24312 PARCEl.2: THOSE CERTAIN BUlIDINGS KNOWN AS THE "CT.OCK TOWER• BUILDINGS AND mE 01HF.R JMPR.OVEMENTS, WHICH ARB AND SHALL REMAIN REAL PROPER.TY, smJA'IED ON LOTS C. D AND B, BLOCKS, VAJL vn.J..AGE, FIR.ST FllJNO, ACCORDING TO nm RECORDED MAP 'DIHREOP, COUNTY OF EAGLE, STAIB OF COLORADO. TOGB1HER. WI111APARTOFTRACTB~ VAIL VJU.AGE,FIR.STF'lUNG, DBSClUBED AS POU.OWS: BEGINNING AT THE SOUl'.HEAST CORNER.OF LOT E, BLOCKS, VAJL VILLA.GB, PIRST FILING. mBNCE NOR.1H 0 DEORBF.S 09 MINUTBS 00 SBCONDS WEST ALONG THE EASTERLY UNE OF LOTE AND LOT D, SAID BLOCK S,ADISTANCE OF S4.26 FEET TO 1HE SOtmmAST CORNER OP LOT C, SAID BLOCK 5, lHENCE NOR'JH l 3 DEOREES IS MINUTES 00 SEOONDS WP.ST .AND ALONG THE EASTERLY LINE OF SAID LOT CA DISTANCE OF 23.38 FBBT TO DIE NOR111EAST CORNER OF SAID LOT C, THENCE SOUlH 82 DEOREES23 MINUTES EAST ALONG nm NOR1HBRLYLINE OF SAID LOT C EXIENDBD ADISTANCB OF 11.57 FEET, nmNCE SOUTII 4 DEGREES 31 MINtITES 16 SECONDS WEST A DISTANCE OP 75.72 FEET TO 1llE TRUE POINT OF BEGINNING. EXCEPllNO 1HBREFR.OM: A PORTION OF LOT C. BLOCK 5. VAIL VILLAGE. FIRST FllJNG, A SUBDMSION IN TBE TOWN OF VAIL, COUNTY OF EA~ STA.TE OF COLORADO DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT C WIUaf IS A POINT Of TANGENT ON THE EASTERLY LINE OF BRIDGE STRBBT; 1HENCE soum 12 DEGREES 23 MINUTBS 00 SBCONDS EAST 55.06 FFEr ALONG THE NORlHERLY LINE OF SAID LOT C; THENCE soura 4 DEGREES 22 MINUTES 00 SECONDS WE&"T 1.08 PEET; 'DmNCE NORm BS DBGREES 38 MINUTES 00 SECONDS WF.ST 56.58 FEET TO A POINT ON A 92.30 RADIUS CURVE WHICH IS 1llE EASTERLY LINB OF BRJDGB STREET: THENCE 4.50 FEET ALONG 11IB ARC OF SAID CURVE TO 11IE RIGHT WHOSB ClJNmAL ANGLB IS 2 DEGRE.BS 47 MINUTES 34 SECONDS AND WHOSE LONG CHORD BEARS NOR.1H25 DEGREES 17 MINUTES 13 SBCONDS 4.50 FEET TO 1llE POINT OF BEGINNING, AS GRANTED IN A CONVBY ANCE FR.OM JOHN P. MCBRIDE TO SCOIT DAVID GORSUCH AND R. KATHERINE GORSUCH DATED JANUARY 28, 1986 RECORDED JANUARY 31.1986 IN BOOK 435 ATPAGB 415, AND AS G.RANIBD IN 1HAT CBR.TAIN W.ARRAN1Y DEED DAlED DBCEMBBR l, 1911 FR.OM SCO'ITDAVID GORSUCH AND R. KATHF.RINE OORSUal TO GORSUCI. LTD., A COLORADO CORPORA'l10N RECORDED JANUARY 3, 1919 IN BOOK 497 AT PAOE 1281N THE omCB OF SAID COUNTY RECORI>P.R.. PARCBL 2 SURVEYED LEGAL DESCRIPTION: SITUATE IN THE TOWN OF V~ COUNIY OF BAGl..B,. STATE OF COLORADO, BEING LOTS~ D, AND B, BLOCK 5, MAP OF V All. V1LLAGB, FIRST FR.ING TOGETHER WITII A PART OF TRACT B, MAP OF V All.. VILLAGE, FIRST FruN9, DESCRIBED AS FOLLOWS: BEGINNINO AT nm SOUI'BEAST CORNER OF LOT B, BLOCK 5, MAP OF VAR. VILLAGE. FIRST FLING, THBNCE NOR1H 00°09•oo• WEST ALONG THE E.ASTERL Y LINE OF LOT E AND LOT D .. SAID BLOCKS. A DISTANCE OF 49.82 FEET; 'THENCE CONTINUING ALONG SAID EASTERLY LINB OF LOT D NORTH 13°15'00" WEST A Dl&-'CANCB OP 4.25 FEEi' TO THE SOumBAST CORNER OF LOT C, SAID BLOCKS (LAST TWO COURSES CALLBD A TOTAL OF 54.26 FEST ON SAID MAP); 1HENCE NORTH 13°15'00" WEST ALONG TIIE BASTBRL Y LINE OF SAID LOT CA DISTANCE OF 23.35 F.EBT TO nm NORTHEAST CORNER OF SAID LOT C (SHOWN AS 23.38 FEET ON SAID MAP); TimNCE SOtrrH 82a23'0011 BAST ALONG THE NORTHERLY LINE OF SAID LOT C EXTENDID A DISTANCE OF 12.SO FEET (CALLED 11..57 FBETIN TIIAT CERTAIN WARRANTY DEFD RECORDED JANUARY 31, 1986 IN BOOK 435 AT PAGE 715 AS .RBCEP110N NO. 331969); THHNCE SOUJH 04°31'16" WBST A DISTANCE OF 75.26 FEET (CALLID 75.72 PEET IN SAID W ARR.AN1Y DEED) TO THE POINT OF BEGINNING. A PORTION OF LOT C, BLOCK s. VAIL VD.LAGE, FIRST FllJNG, A SUBDIVISION IN THB TOWN OFVAIL, COUNTY OF EAGLB, STATE OF COLORADO DESCRIBED AS: BBGINNJNG AT THE NOR1HWEST CORNER OF SAID LOT C WHICH IS A POINT OF TANGENT ON THE EASTERLY LINE OF BRIDGE STREET; m:ENCE SOUTH 82°23'00° EAST 5S.06FEET ALONG 11-IB NORnmRL Y LINE OF SAID LOT C; THENCE SOUIH 04°22'00" WEST 1.01 FEET; THENCE NORTH 8S°38'00" WEST S6.S8 FEET TO A POINT ON A 92.30 RADIUS CUR.VE WlUCH IS THE EASTERLY LINB OF BRIOOE STREET; THBNCE 4.SO FEET ALONG111E.ARC OP SAID CURVE TO THB RIGHT WHOSE CF.NTR.AL ANGLB IS 2°47'34• AND WHOSE LONG CHORD BEARS NORm 25°17't3• EAST 4.50 FEET TO THB POINT OF BEGINNJNG. 201406705