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Title Report 1.pdf
Fidelity National Title Insurance Company COMMITMENT SCHEDULE A Commitment No: 508-F0515696-017-017 1. Effective Date: April 30,2015 at 7:00 A.M. 2. Policy or policies to be issued: Proposed Insured Policy Amount (a)ALTA Owners Policy 6-17-06 $0.00 To be determined (b)None $0.00 3. The estate or interest in the land described or referred to in this Commitment is: A Fee Simple and easement 4. Title to the estate or interest in the land is at the Effective Date vested in: L-O Westhaven,Inc., a Colorado corporation, as to Unit 4 in Parcel 3; and L-O Vail Holding,Inc., a Delaware corporation as to the remainder 5. The land referred to in this Commitment is described as follows: See Attached Legal Description (for informational purposes only) Vail Cascade, Vail, CO PREMIUMS: Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AML- TIT members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land "° `F ASiOCIATION Title Association. 05/07/2015 2:20 PM Commitment No: 508-F0515696-017-017 Attached Legal Description PARCEL 1: TERRACE SITE That part of the SW '/4 NE 1/4, Section 12, Township 5 South,Range 81 West of the 6th Principal Meridian, County of Eagle, State of Colorado, described as follows: Beginning at a point whence an iron pin with plastic cap marking the center of said Section 12 bears S 48 degrees 22 minutes 37 seconds W, 1095.58 feet; Thence N 37 degrees 09 minutes 31 seconds @ 16.78 feet; Thence N 52 degrees 50 minutes 29 seconds E 15.00 feet; Thence N 37 degrees 09 minutes 31 seconds W 80.00 feet; Thence N 52 degrees 50 minutes 29 seconds E 238.66 feet; Thence S 40 degrees 17 minutes 04 seconds E 187.05 feet; Thence S 28 degrees 28 minutes 36 seconds W 208.48 feet; Thence S 05 degrees 26 minutes 55 seconds E 104.50 feet; Thence S 49 degrees 26 minutes 36 seconds W 19.05 feet; Thence N 37 degrees 09 minutes 31 seconds W 220.02 feet; Thence S 52 degrees 50 minutes 29 seconds W 21.30 feet; Thence N 37 degrees 09 minutes 31 seconds W 46.00 feet; Thence N 52 degrees 50 minutes 29 seconds E 21.30 feet to the Point of Beginning. TOGETHER WITH Access Easement created in Document recorded June 23, 1987, in Book 464 at Page 890 and Access Easement recorded November 2, 1984, in Book 398 at Page 829 and TOGETHER WITH Access Easement as set forth in Declaration and Grant of Easement recorded August 6, 1985, in Book 421 at Page 651 (commonly known as Westhaven Drive) and TOGETHER WITH Declaration of Reciprocal Easements recorded June 23, 1987, in Book 464 at Page 884 and Page 885 TOGETHER WITH Declaration of Reciprocal Easements for Cascade Hotel Complex recorded June 23, 1987, in Book 464 at Page 890. PARCEL 2: PLAZA SITE That part of the SW 1/4 NE 1/4, Section 12, Township 5 South, Range 81 West of the Principal Meridian, County of Eagle, State of Colorado, described as follows: Beginning at the most Northerly corner of Condominium Map of Colorado Mountain Condominiums, according to the Map thereof recorded in Book 387 at Page 620 in the office of the Eagle County, Colorado, Clerk and Recorder, whence an iron pin with plastic cap marking the center of said Section 12 bears S 34 degrees 50 minutes 58 seconds W 964.27 feet; Thence N 56 degrees 48 minutes 45 seconds E 106.67 feet; Thence 79.97 feet along the arc of a curve to the left having a radius of 1121.72 feet, a central angle of 04 degrees 05 minutes 04 seconds, and a chord that bears N 54 degrees 46 minutes 13 seconds E 79.95 feet; Thence N 52 degrees 43 minutes 41 seconds E 28.82 feet; Thence S 37 degrees 09 minutes 31 seconds E 105.76 feet; Thence S 52 degrees 50 minutes 29 seconds W 25.00 feet; Thence S 37 degrees 09 minutes 31 seconds E 80.00 feet; Thence S 52 degrees 50 minutes 29 seconds W 15.00 feet; Thence S 37 degrees 09 minutes 31 seconds E 16.78 feet; Thence S 52 degrees 50 minutes 29 seconds W 21.30 feet; Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land L ND TISSOATTLE Title Association. TM 05/07/2015 2:20 PM Commitment No: 508-F0515696-017-017 Thence S 37 degrees 09 minutes 31 seconds E 9.60 feet; Thence S 52 degrees 50 minutes 29 seconds W 80.00 feet; Thence N 37 degrees 09 minutes 31 seconds W 9.60 feet; Thence S 52 degrees 50 minutes 29 seconds W 48.70 feet; Thence N 37 degrees 09 minutes 31 seconds W 45.34 feet; Thence S 52 degrees 50 minutes 29 seconds W 56.96 feet to the Northeasterly line of said Condominium Map of Colorado Mountain Condominiums; Thence the following three courses along said Northeasterly line: 1. N 37 degrees 09 minutes 31 seconds W 55.00 feet; 2. N 07 degrees 50 minutes 29 seconds E 45.00 feet; 3. N 37 degrees 09 minutes 31 seconds W 80.40 feet to the Point of Beginning. TOGETHER WITH Access Easement as set forth in Declaration and Grant of Easement recorded August 6, 1985, in Book 421 at Page 651 (Westhaven Drive) and TOGETHER WITH Declaration of Reciprocal Easements recorded June 23, 1987, in Book 464 at Page 884 and Page 885, and TOGETHER WITH Declaration of Reciprocal Easements for Cascade Hotel Complex recorded June 23, 1987, in Book 464 at Page 890. PARCEL 3: Condominium Units 1, 2 and 4, Cascade Club Condominiums, according to the Condominium Declaration for Cascade Club Condominiums recorded June 23, 1987, in Book 464 at Page 886 and as described in Condominium Map for Cascade Club Condominiums, recorded June 23, 1987, in Book 464 at Page 887, County of Eagle, State of Colorado. TOGETHER WITH an Access Easement as set forth in Declaration and Grant of Easement recorded August 6, 1985, in Book 421 at Page 651 (Westhaven Drive) and TOGETHER WITH Easements as set forth in Declaration of Reciprocal Easements recorded June 23, 1987, in Book 464 at Page 884 and Page 885, and TOGETHER WITH Declaration of Reciprocal Easements for Cascade Hotel Complex recorded June 2, 1987, in Book 464 at Page 890. PARCEL 4: HOTEL That part of the Southwest quarter Northeast quarter Section 12, Township 5 South, Range 81 West of the 6th Principal Meridian,County of Eagle, State of Colorado, described as follows: Beginning at a point on the Southerly boundary of the parcel of land shown on the Condominium Map for Colorado Mountain Condominiums recorded in Book 387 at Page 620 in the office of the Eagle County, Colorado, Clerk and Recorder; whence the most Southerly corner of said parcel bears South 52 degrees 50 minutes 29 seconds West 14.16 feet distant; Thence the following nine courses along the Southerly boundary of said parcel: 1. North 52 degrees 50 minutes 29 seconds East 49.16 feet; 2. North 37 degrees 12 minutes 45 seconds West 12.34 feet; 3. North 52 degrees 47 minutes 15 seconds East, 1.00 feet; 4. North 37 degrees 12 minutes 45 seconds West 1.30 feet; 5. North 52 degrees 47 minutes 15 seconds East 42.60 feet; 6. North 37 degrees 12 minutes 45 seconds West 8.70 feet; 7. North 52 degrees 47 minutes 15 seconds East 15.00 feet; 8. South 37 degrees 12 minutes 45 seconds East 22.40 feet; Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land L ND TISSOATTLE Title Association. TM 05/07/2015 2:20 PM Commitment No: 508-F0515696-017-017 9. North 52 degrees 50 minutes 29 seconds East 35.28 feet; Thence departing said Southerly boundary North 52 degrees 50 minutes 29 seconds East 56.96 feet; Thence South 37 degrees 09 minutes 31 seconds East 45.34 feet; Thence North 52 degrees 50 minutes 29 seconds East 48.70 feet; Thence South 37 degrees 09 minutes 31 seconds East 9.60 feet; Thence North 52 degrees 50 minutes 29 seconds East 80.00 feet; Thence South 37 degrees 09 minutes 31 seconds East 36.40 feet; Thence North 52 degrees 50 minutes 29 seconds East 21.30 feet; Thence South 37 degrees 09 minutes 31 seconds East 220.02 feet to Gore Creek; thence the following four courses along Gore Creek: 1. South 49 degrees 26 minutes 36 seconds West 76.45 feet; 2. South 22 degrees 31 minutes 36 seconds West 124.47 feet; 3. South 53 degrees 37 minutes 36 seconds West 119.34 feet; 4. South 65 degrees 31 minutes 36 seconds West 14.58 feet; Thence departing Gore Creek North 32 degrees 59 minutes 30 seconds West 141.47 feet; Thence North 57 degrees 25 minutes 30 seconds West 124.02 feet; Thence North 37 degrees 09 minutes 31 seconds West 116.45 feet to the Point of Beginning. TOGETHER WITH an Access Easement as set forth in Declaration and Grant of Easement recorded August 6, 1985, in Book 421 at Page 651 (Westhaven Drive) and Access Easement recorded November 2, 1984, in Book 398 at Page 829 and TOGETHER WITH Declaration of Reciprocal Easements recorded June 23, 1987, in Book 464 at Page 884 and Page 885 and TOGETHER WITH Declaration of Reciprocal Easements for Cascade Hotel Complex recorded June 23, 1987, in Book 464 at Page 890 and Easements described therein. PARCEL 5: Condominium Unit D-001, Colorado Mountain Condominiums, according to the Condominium Map recorded June 15, 1984, in Book 387 at Page 620, and as defined and described in the Condominium Declaration for Colorado Mountain Condominiums recorded June 15, 1984, in Book 387 at Page 619, County of Eagle, State of Colorado. TOGETHER WITH an Access Easement as set forth in Declaration and Grant of Easement recorded August 6, 1985, in Book 421 at Page 651 (Westhaven Drive) and TOGETHER WITH Declaration of Reciprocal Easement recorded June 23, 1987 in Book 464 at Page 884 and Page 885 and TOGETHER WITH Declaration of Reciprocal Easements for Cascade Hotel Complex recorded June 23, 1987, in Book 464 at Page 890. Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land L ND TISSOATTLE Title Association. TM 05/07/2015 2:20 PM Commitment No: 508-F0515696-017-017 SCHEDULE B—Section 1 Requirements The following requirements must be met: a. Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured. b. Pay us the premiums, fees and charges for the policy. c. Evidence that any and all assessments for common expenses,if any,have been paid. d. Recording Statutes require that all documents submitted for recording must contain a one inch margin along the top and a one-half inch margin along the sides and bottom of each page. The county clerk and recorder may reject any document that does not comply. Note: Effective August 1, 2004, most counties have indicated that they will start enforcing the above margin requirements and will reject any documents that do not comply. e. The actual value of the estate or interest to be insured must be disclosed to the Company, and subject to approval by the Company, entered as the amount of the policy to be issued. Until the amount of the policy to be issued shall be determined and entered as aforesaid, it is agreed that as between the Company, the applicant for this Commitment, and every person relying on this Commitment, the Company cannot be required to approve any such evaluation in excess of$50,000.00, and the total liability of the Company on account of this Commitment shall not exceed said amount. f. This commitment is subject to such further exceptions and/or requirements as may appear necessary when the name of the proposed insured has been disclosed. g. Furnish to the Company satisfactory evidence from Cascade Village Association, Inc. that all assessments have been paid through the date of the policy. The Colorado Secretary of State shows them in good standing with a principal office address of 710 West Lionshead Circle, Suite B,Vail, CO 81657. h. Furnish to the Company satisfactory evidence from Cascade Club Association that all assessments have been paid through the date of the policy. The Colorado Secretary of State shows them in good standing with a principal office address of 1300 Westhaven Drive,Vail, CO, 81657. i. Furnish to the Company satisfactory evidence from Colorado Mountain Condominium Association, Inc. that all assessments have been paid through the date of the policy. The Colorado Secretary of State shows them in good standing with a principal office address of 1476 Westhaven Dr.,#1,Vail, CO 81657. j. Release of that certain Negative Pledge Agreement by Bank of America, N.A., as recorded October 6, 2011 at Reception No. 201118581. Affects Unit 4 in Parcel 3. k. Release of that certain Negative Pledge Agreement by Bank of America, N.A. as recorded October 6, 2011 at Reception No. 201118582. Affects all land except Unit 4 in Parcel 3. 1. Deed sufficient to convey the fee simple estate or interest in the Land described or referred to herein from L-O Westhaven, Inc., a Colorado corporation as to Unit 4 in Parcel 3 only, and from L-O Vail Holding, Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land L ND TISSOATTLE Title Association. TM 05/07/2015 2:20 PM Commitment No: 508-F0515696-017-017 Inc., a Delaware corporation as to all the land described in Schedule A, except Unit 4 in Parcel 3, to the Proposed Insured Purchaser. NOTE: A real property transfer declaration must accompany any conveyance document presented for recordation in the State of Colorado. Said declaration shall be completed and signed by either the grantor or grantee. NOTE: A notation of the legal address of the purchasers, (not necessarily the same as the property address) must be included on the face of the deed to be recorded,pursuant to Colorado Revised Statutes. NOTE: The sale of this property is subject to the Town of Vail Transfer tax in the amount of 1% of the sales price. The closer must check with the Town of Vail on this matter to be certain that it is complied with correctly. m. Recording Statutes require that all documents submitted for recording must contain a return address on the front page of every document being recorded. n. Deed of Trust sufficient to encumber the estate or interest in the Land described or referred to herein for the benefit of the Proposed Insured Lender. o. The Company will require that an Owner's Affidavit be completed by the party(s) named below before the issuance of any policy of title insurance. Party(s): both Vested Owners The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit. P. The Company will require that a Purchaser's Affidavit be completed by the party(s) named below before the issuance of any policy of title insurance. Party(s): Proposed Insured The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit. q. The Company will require a survey of the subject Land, which is in compliance with minimum technical standards,prepared by a duly registered and licensed surveyor. If the owner of the Land the subject of this transaction is in possession of a survey, the Company will require that said survey be submitted for review and approval; otherwise, a new survey, satisfactory to the Company, must be submitted to the Company for examination. In order to prevent delays, please furnish the survey at least 10 days prior to the close of this transaction. If an existing survey is to be relied upon, an affidavit from the seller(s)/mortgagor(s)must be furnished to the Company stating that no improvements have been made on the Land the subject of this transaction or adjacent thereto subsequent to the survey presented to the Company. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land L ND TISSOATTLE Title Association. TM 05/07/2015 2:20 PM Commitment No: 508-F0515696-017-017 Note: Upon completion of the requirements to the satisfaction of the Company and payment of the premiums, Standard Exceptions 1 through 5 will not appear on the Policy(s)to be issued. r. First half of the 2014 taxes have been paid on Unit 4 of Parcel 3 and all of the taxes for 2014 have been paid in full on the balance of the property. Upon verification of payment of all taxes for prior years, the exception relating to taxes under Schedule B of the policy(ies) to be issued will be amended to read as follows: Taxes and assessments for the year 2015 and subsequent years, a lien, not yet due or payable. s. Water and sewer is a lienable item in Colorado. Your closer must ask the seller for their last water and sewer bill and then contact the municipality as named in order to request a current status and to schedule a final meter reading for the day of closing. The closer should also check to see if there are any forms required to transfer the water and sewer bills to the purchaser. END OF REQUIREMENTS Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land L ND TISSOATTLE Title Association. TM 05/07/2015 2:20 PM Commitment No: 508-F0515696-017-017 SCHEDULE B—Section 2 Exceptions Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: 1. Any facts,rights, interests or claims that are not shown by the Public Records but which could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof,not shown by the Public Records. 3. Any encroachments, encumbrances,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 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 hereof but prior to the date the proposed Insured acquires of record for the value 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)water rights, claims of title to water,whether or not the matters excepted under (a), (b), or(c) are shown by the Public Records. 7. All taxes and assessments,now or heretofore assessed, due or payable NOTE: This tax exception will be amended at policy upon satisfaction and evidence of payment of taxes. 8. Reservations contained in the Patent From: The United States of America To: Gilbert H. Travis Recording Date: August 16, 1909 Recording No: Book 48 at Page 542 Which among other things recites as follows: Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes and rights to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of the courts; and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises hereby granted, as provided by law; and the reservation from the lands hereby granted of a right of way thereon for ditches or canals constructed by the authority of the United States. 9. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Western Slope Gas Company Purpose: pipelines Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land L ND TISSOATTLE Title Association. TM 05/07/2015 2:20 PM Commitment No: 508-F0515696-017-017 Recording Date: December 20, 1968 Recording No: Book 214 at Page 361 10. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Gore Creek Associates Purpose: vehicular and pedestrian ingress and egress Recording Date: January 24, 1978 Recording No: Book 265 at Page 903 Note: Relocation of Easement recorded January 7, 1985 in Book 404 at Page 228. 11. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the Declaration Creating Covenants, Conditions,Restrictions, and Easements for Cascade Village Recording Date: July 17, 1981 Recording No: Book 326 at Page 255 12. Terms, conditions, provisions, agreements and obligations contained in the Agreement with Holy Cross Electric Association,Inc. as set forth below: Recording Date: August 26, 1982 Recording No.: Book 344 at Page 811 13. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Holy Cross Electric Association,Inc. Purpose: underground electric transmission or distribution lines Recording Date: August 30, 1982 Recording No: Book 344 at Page 923 14. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Holy Cross Electric Association,Inc. Purpose: underground electric facilities Recording Date: November 12, 1982 Recording No: Book 348 at Page 664 Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land L ND TISSOATTLE Title Association. TM 05/07/2015 2:20 PM Commitment No: 508-F0515696-017-017 15. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the Condominium Declaration for Colorado Mountain Condominiums Recording Date: June 15, 1984 Recording No: Book 387 at Page 619 16. Subject to the effect of the Condominium Map of Colorado Mountain Condominiums recorded June 15, 1984 in Book 387 at Page 620. 17. Terms, conditions, provisions, agreements and obligations contained in the Application for Revocable Permit to Erect or Maintain a concrete retaining wall on a public right of way as set forth below: Recording Date: June 15, 1984 Recording No.: Book 387 at Page 631 18. Terms, conditions, provisions, agreements and obligations contained in the Conveyance of Easement in favor of Cascade Lodge Joint Venture as set forth below: Recording Date: November 2, 1984 Recording No.: Book 398 at Page 829 19. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Western Gas Supply Company Purpose: pipelines Recording Date: January 24, 1985 Recording No: Book 405 at Page 524 20. Terms, conditions, provisions, agreements and obligations contained in the Declaration and Grant of Easement as set forth below: Recording Date: August 6, 1985 Recording No.: Book 421 at Page 651 21. Any tax, lien, fee, or assessment by reason of inclusion of the Land in the Cascade Village Metropolitan District, as evidenced by instrument(s) recorded April 7, 1986 at Book 439 at Page 349, and recorded April 17, 1970 in Book 461 at Page 122. 22. Terms, conditions, provisions, agreements and obligations contained in the Judgment and decree in favor of Oil& Gas, Inc., Vail Water and Sanitation District, and Vail Valley Consolidated Water District as set forth below: Recording Date: July 14, 1986 Recording No.: Book 445 at Page 156 Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land L ND TISSOATTLE Title Association. TM 05/07/2015 2:20 PM Commitment No: 508-F0515696-017-017 23. Terms, conditions, provisions, agreements and obligations contained in the Declaration of Reciprocal Easements as set forth below: Recording Date: June 23, 1987 Recording No.: Book 464 at Pages 884 and 885 24. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the Condominium Declaration for Cascade Club Condominiums Recording Date: June 23, 1987 Recording No: Book 464 at Page 886 25. Subject to the effect of the Condominium Map for Cascade Club Condominiums recorded June 23, 1987 in Book 464 at Page 887. 26. Terms, conditions, provisions, agreements and obligations contained in the Declaration of Reciprocal Easements for Cascade hotel Complex as set forth below: Recording Date: June 23, 1987 Recording No.: Book 464 at Page 890 27. Terms, conditions, provisions, agreements and obligations contained in the Declaration of Restrictive Covenants as set forth below: Recording Date: June 23, 1987 Recording No.: Book 464 at Page 898 28. Terms, conditions, provisions, agreements and obligations contained in the Conveyance of Public Access Easement to Cascade Village Metropolitan District as set forth below: Recording Date: June 23, 1987 Recording No.: Book 464 at Page 939 29. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Upper Eagle Valley Consolidated Sanitation District Purpose: sewer lines Recording Date: September 14, 1987 Recording No: Book 469 at Page 713 30. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Cascade Village Association, Inc. Purpose: bicycle pathway Recording Date: September 14, 1987 Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land L ND TISSOATTLE Title Association. TM 05/07/2015 2:20 PM Commitment No: 508-F0515696-017-017 Recording No: Book 469 at Page 714 and recorded September 18, 1987 in Book 470 at Page 316. 31. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Upper Eagle Valley Consolidated Sanitation District Purpose: sewer lines Recording Date: September 18, 1987 Recording No: Book 470 at Page 317 32. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Cascade Lodge Joint Venture Purpose: decorative water feature Recording Date: September 18, 1987 Recording No: Book 470 at Page 318 33. Terms, conditions, provisions, agreements and obligations contained in the Holy Cross Electric Association, Inc. Contract for Electric Service as set forth below: Recording Date: March 2, 1988 Recording No.: Book 479 at Page 741 and recorded January 27, 1989 in Book 499 at Page 354 34. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Holy Cross Electric Association,Inc. Purpose: underground electric transmission and distribution lines Recording Date: March 24, 1988 Recording No: Book 481 at Page 107 35. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Holy Cross Electric Association,Inc. Purpose: underground electric transmission or distribution lines Recording Date: May 2, 1989 Recording No: Book 505 at Page 359 36. Terms, conditions, provisions, agreements and obligations contained in the Easement for Encroachment as set forth below: Recording Date: May 7, 1992 Recording No.: Book 579 at Page 497 37. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Cascade Partners,Inc. Purpose: gas utility lines Recording Date: November 25, 1992 Recording No: Book 595 at Page 314 Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land L ND TISSOATTLE Title Association. TM 05/07/2015 2:20 PM Commitment No: 508-F0515696-017-017 38. Terms, conditions, provisions, agreements and obligations contained in the Declaration of Covenants as set forth below: Recording Date: December 8, 1994 Recording No.: Book 656 at Page 846 Note: First Amendment to the above recorded September 19,2005 at Reception No. 929901. 39. Terms, conditions, provisions, agreements and obligations contained in the Easement Agreement as set forth below: Recording Date: October 21, 1996 Recording No.: Book 709 at Page 27 40. Terms, conditions,provisions, agreements and obligations contained in the Cable Television Bulk Billing Agreement with Cablevision VI,Inc. as set forth below: Recording Date: March 12, 1999 Recording No.: Reception No. 689567 41. Terms, conditions,provisions, agreements and obligations contained in the Reciprocal Access,Utility and Drainage Easement Agreement as set forth below: Recording Date: September 19, 2005 Recording No.: Reception No. 929900 42. Terms, conditions, provisions, agreements and obligations contained in the License Agreement with the Town of Vail as set forth below: Recording Date: January 9,2006 Recording No.: Reception No. 200600612 43. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Holy Cross Energy Purpose: underground electric transmission or distribution lines Recording Date: May 16, 2006 Recording No: Reception No. 200612734 44. Terms, conditions, provisions, agreements and obligations contained in the Recreational Easement and Maintenance Agreement as set forth below: Recording Date: November 6,2006 Recording No.: Reception No. 200630440 45. Terms, conditions, provisions, agreements and obligations contained in the Recreational Easement and Maintenance Agreement with the Town of Vail as set forth below: Recording Date: November 6,2006 Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land L ND TISSOATTLE Title Association. TM 05/07/2015 2:20 PM Commitment No: 508-F0515696-017-017 Recording No.: Reception No. 200630444 46. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Holy Cross Energy Purpose: underground electric transmission or distribution lines Recording Date: March 24,2008 Recording No: Reception No. 200803274 47. Any existing leases or tenancies, and any and all parties claiming by,through or under said lessees. END OF EXCEPTIONS Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land L ND TISSOATTLE Title Association. TM 05/07/2015 2:20 PM Commitment No: 508-F0515696-017-017 N,,,,, Fidelity National Title ee Insurance Company TM COMMITMENT FOR TITLE INSURANCE Issued by Fidelity National Title Insurance Company Fidelity National Title Insurance Company, a California 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 Schedule A and B and to the Conditions of this Commitment. The 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 6 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 fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF,Fidelity National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. • 'o�in��y••. Attest: / SEAL;q By: ,0_ Secretary ;Tod xanwsKp � President Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land L ND TISSOATTLE Title Association. TM 05/07/2015 2:20 PM Commitment No: 508-F0515696-017-017 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 policies 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. Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land L ND TISSOATTLE Title Association. TM 05/07/2015 2:20 PM Commitment No: 508-F0515696-017-017 DISCLOSURE STATEMENT • Pursuant to Section 38-35-125 of Colorado Revised Statutes and Colorado Division of Insurance Regulation 3-5-1 (Section 7),if the parties to the subject transaction request us to provide escrow-settlement and disbursement services to facilitate the closing of the transaction,then all funds submitted for disbursement must be available for immediate withdrawal. • Colorado Division of Insurance Regulation 3-5-1,Paragraph G of Section 7,requires that"Every title insurance company shall be responsible to the proposed insured(s)subject to the terms and conditions of the title insurance commitment, other than the effective date of the title insurance commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company,or its agent,conducts the closing and settlement service that is in conjunction with its issuance of an owners policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed".Provided that Fidelity National Title Insurance Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction,exception No. 5 in Schedule B-2 will not appear in the Owner's Title Policy and Lender's Title Policy when issued. • If the sales price of the subject property exceeds$100,000.00 the seller shall be required to comply with the Disclosure of Withholding Provisions of C.R.S. 39-22-604.5 (Nonresident Withholding). • Section 39-14-102 of Colorado Revised Statutes requires that a Real Property Transfer Declaration accompany any conveyance document presented for recordation in the State of Colorado. Said Declaration shall be completed and signed by either the grantor or grantee. • Recording statutes contained in Section 30-10-406(3)(a)of the Colorado Revised Statutes require that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left,right,and bottom margin of at least one-half of an inch. The clerk and recorder may refuse to record or file a document that does not conform to requirements of this paragraph. • Section 38-35-109(2)of the Colorado Revised Statutes, 1973,requires that a notation of the purchasers legal address,(not necessarily the same as the property address)be included on the face of the deed to be recorded. • Regulations of County Clerk and Recorder's offices require that all documents submitted for recording must contain a return address on the front page of every document being recorded. • Pursuant to Section 10-11-122 of the Colorado Revised Statutes, 1987 the Company is required to disclose the following information: o The subject property may be located in a special taxing district. o A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. o 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. • Pursuant to Section 10-11-123 of the Colorado Revised Statutes,when it is determined that a mineral estate has been severed from the surface estate,the Company is required to disclose the following information: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 that such mineral estate may include the right to enter and use the property without the surface owner's permission. Note:Notwithstanding anything to the contrary in this Commitment, if the policy to be issued is other than an ALTA Owner's Policy(6/17/06),the policy may not contain an arbitration clause,or the terms of the arbitration clause may be different from those set forth in this Commitment. If the policy does contain an arbitration clause,and the Amount of Insurance is less than the amount,if any,set forth in the arbitration clause,all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Copyright American Land Title Association.All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA AMERICAN members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American Land L ND TISSOATTLE Title Association. TM FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary Web Beacons. Some of our web pages and electronic companies providing real estate- and loan-related services(collectively, communications may contain images,which may or may not be visible "FNF", "our" or "we") respect and are committed to protecting your to you,known as Web Beacons(sometimes referred to as"clear gifs"). privacy. This Privacy Notice lets you know how and for what purposes Web Beacons collect only limited information that includes a cookie your Personal Information (as defined herein) is being collected, number;time and date of a page view;and a description of the page on processed and used by FNF. We pledge that we will take reasonable which the Web Beacon resides.We may also carry Web Beacons placed steps to ensure that your Personal Information will only be used in ways by third party advertisers.These Web Beacons do not carry any Personal that are in compliance with this Privacy Notice. The provision of this Information and are only used to track usage of the Website and Privacy Notice to you does not create any express or implied activities associated with the Website. See the Third Party Opt Out relationship, or create any express or implied duty or other obligation, section below. between Fidelity National Financial, Inc. and you. See also No Representations or Warranties below. Unique Identifier. We may assign you a unique internal identifier to help keep track of your future visits.We may use this information to This Privacy Notice is only in effect for any generic information and gather aggregate demographic information about our visitors, and we Personal Information collected and/or owned by FNF, including may use it to personalize the information you see on the Website and collection through any FNF website and any online features, services some of the electronic communications you receive from us. We keep and/or programs offered by FNF (collectively, the "Website"). This this information for our internal use, and this information is not shared Privacy Notice is not applicable to any other web pages, mobile with others. applications, social media sites, email lists, generic information or Third Party Opt Out. Although we do not presently,in the future we Personal Information collected and/or owned by any entity other than FNF. may allow third-party companies to serve advertisements and/or collect certain anonymous information when you visit the Website. These How Information is Collected companies may use non-personally identifiable information (e.g., click The types of personal information FNF collects may include, among stream information, browser type, time and date, subject of other things (collectively, "Personal Information"): (1) contact advertisements clicked or scrolled over) during your visits to the information (e.g., name, address, phone number, email address); (2) Website in order to provide advertisements about products and services demographic information(e.g., date of birth, gender marital status); (3) likely to be of greater interest to you. These companies typically use a Internet protocol(or IP)address or device ID/UDID; (4) social security cookie or third party Web Beacon to collect this information, as further number (SSN), student ID (SIN), driver's license, passport, and other described above. Through these technologies, the third party may have government ID numbers; (5) financial account information; and (6) access to and use non-personalized information about your online usage information related to offenses or criminal convictions. activity. In the course of our business, we may collect Personal Information You can opt-out of certain online behavioral services through any one of about you from the following sources: the ways described below. After you opt-out, you may continue to • Applications or other forms we receive from you or your receive advertisements, but those advertisements will no longer be as authorized representative; relevant to you. • Information we receive from you through the Website; • You can opt-out via the Network Advertising Initiative industry • Information about your transactions with or services performed by opt-out at http://www.networkadvertising.org/. us,our affiliates,or others;and • You can opt-out via the Consumer Choice Page at • From consumer or other reporting agencies and public records maintained by governmental entities that we either obtain directly http://www.aboutads.info. • For those in the U.K., you can opt-out via the IAB UK's industry from those entities,or from our affiliates or others. opt-out at http://www.youronlinechoices.com. Additional Ways Information is Collected Through the Website • You can configure your web browser (Chrome, Firefox, Internet Browser Log Files. Our servers automatically log each visitor to Explorer,Safari,etc.)to delete and/or control the use of cookies. the Website and collect and record certain information about each visitor. This information may include IP address, browser language, More information can be found in the Help system of your browser. browser type, operating system, domain names, browsing history Note: If you opt-out as described above, you should not delete your (including time spent at a domain, time and date of your visit), cookies.If you delete your cookies,you will need to opt-out again. referring/exit web pages and URLs, and number of clicks. The domain Use of Personal Information name and IP address reveal nothing personal about the user other than Information collected by FNF is used for three main purposes: the IP address from which the user has accessed the Website. • To provide products and services to you or one or more third party Cookies. From time to time,FNF or other third parties may send a service providers (collectively, "Third Parties")who are obtaining "cookie"to your computer.A cookie is a small piece of data that is sent services on your behalf or in connection with a transaction to your Internet browser from a web server and stored on your involving you. computer's hard drive and that can be re-sent to the serving website on • To improve our products and services that we perform for you or subsequent visits.A cookie,by itself, cannot read other data from your for Third Parties. hard disk or read other cookie files already on your computer.A cookie, • To communicate with you and to inform you about FNF's, FNF's by itself, does not damage your system. We, our advertisers and other affiliates and third parties'products and services. third parties may use cookies to identify and keep track of,among other things,those areas of the Website and third party websites that you have When Information Is Disclosed By FNF visited in the past in order to enhance your next visit to the Website. We may provide your Personal Information (excluding information we You can choose whether or not to accept cookies by changing the receive from consumer or other credit reporting agencies) to various settings of your Internet browser,but some functionality of the Website individuals and companies, as permitted by law,without obtaining your may be impaired or not function as intended. See the Third Party Opt prior authorization. Such laws do not allow consumers to restrict these Out section below. disclosures.Disclosures may include,without limitation,the following: Privacy Notice Effective: May 1,2015 • To agents, brokers, representatives, or others to provide you with Privacy Notice,and to abide by and comply with this Privacy Notice.In services you have requested, and to enable us to detect or prevent any case,you affirm that you are over the age of 13,as THE WEBSITE criminal activity, fraud, material misrepresentation, or IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE nondisclosure in connection with an insurance transaction; UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL • To third-party contractors or service providers who provide GUARDIAN. services or perform marketing services or other functions on our Parents should be aware that FNF's Privacy Notice will govern our use behalf; of Personal Information, but also that information that is voluntarily • To law enforcement or other governmental authority in connection given by children— or others —in email exchanges, bulletin boards or with an investigation, or civil or criminal subpoenas or court the like may be used by other parties to generate unsolicited orders;and/or communications.FNF encourages all parents to instruct their children in • To lenders, lien holders, judgment creditors, or other parties the safe and responsible use of their Personal Information while using claiming an encumbrance or an interest in title whose claim or the Internet. interest must be determined, settled,paid or released prior to a title or escrow closing. Privacy Outside the Website The Website may contain various links to other websites,including links In addition to the other times when we might disclose information about to various third party service providers. FNF is not and cannot be you,we might also disclose information when required by law or in the responsible for the privacy practices or the content of any of those other good-faith belief that such disclosure is necessary to: (1)comply with a websites. Other than under agreements with certain reputable legal process or applicable laws; (2) enforce this Privacy Notice; (3) organizations and companies, and except for third party service respond to claims that any materials, documents, images, graphics, providers whose services either we use or you voluntarily elect to logos,designs, audio,video and any other information provided by you utilize,we do not share any of the Personal Information that you provide violates the rights of third parties; or(4)protect the rights, property or to us with any of the websites to which the Website links,although we personal safety of FNF,its users or the public. may share aggregate, non-Personal Information with those other third We maintain reasonable safeguards to keep the Personal Information parties. Please check with those websites in order to determine their that is disclosed to us secure.We provide Personal Information and non- privacy policies and your rights under them. Personal Information to our subsidiaries,affiliated companies,and other European Union Users businesses or persons for the purposes of processing such information If you are a citizen of the European Union, please note that we may on our behalf and promoting the services of our trusted business transfer your Personal Information outside the European Union for use partners, some or all of which may store your information on servers for any of the purposes described in this Privacy Notice. By providing outside of the United States. We require that these parties agree to FNF with your Personal Information,you consent to both our collection process such information in compliance with our Privacy Notice or in a and such transfer of your Personal Information in accordance with this similar,industry-standard manner,and we use reasonable efforts to limit Privacy Notice. their use of such information and to use other appropriate confidentiality and security measures.The use of your information by one of our trusted Choices With Your Personal Information business partners may be subject to that party's own Privacy Notice.We Whether you submit Personal Information to FNF is entirely up to you. do not, however, disclose information we collect from consumer or You may decide not to submit Personal Information,in which case FNF credit reporting agencies with our affiliates or others without your may not be able to provide certain services or products to you. consent, in conformity with applicable law, unless such disclosure is You may choose to prevent FNF from disclosing or using your Personal otherwise permitted by law. Information under certain circumstances("opt out").You may opt out of We also reserve the right to disclose Personal Information and/or non- any disclosure or use of your Personal Information for purposes that are Personal Information to take precautions against liability, investigate incompatible with the purpose(s)for which it was originally collected or and defend against any third-party claims or allegations, assist for which you subsequently gave authorization by notifying us by one of government enforcement agencies,protect the security or integrity of the the methods at the end of this Privacy Notice. Furthermore, even where Website,and protect the rights,property,or personal safety of FNF,our your Personal Information is to be disclosed and used in accordance users or others. with the stated purposes in this Privacy Notice,you may elect to opt out of such disclosure to and use by a third party that is not acting as an We reserve the right to transfer your Personal Information, as well as agent of FNF.As described above,there are some uses from which you any other information,in connection with the sale or other disposition of cannot opt-out. all or part of the FNF business and/or assets. We also cannot make any representations regarding the use or transfer of your Personal Please note that opting out of the disclosure and use of your Personal Information or other information that we may have in the event of our Information as a prospective employee may prevent youfrom being bankruptcy, reorganization, insolvency, receivership or an assignment hired as an employee by FNF to the extent that provision of your for the benefit of creditors, and you expressly agree and consent to the Personal Information is required to apply for an open position. use and/or transfer of your Personal Information or other information in If FNF collects Personal Information from you, such information will connection with a sale or transfer of some or all of our assets in any of not be disclosed or used by FNF for purposes that are incompatible with the above described proceedings. Furthermore, we cannot and will not the purpose(s) for which it was originally collected or for which you be responsible for any breach of security by any third parties or for any subsequently gave authorization unless you affirmatively consent to actions of any third parties that receive any of the information that is such disclosure and use. disclosed to us. Information From Children You may opt out of online behavioral advertising by following the We do not collect Personal Information from any person that we know instructions set forth above under the above section "Additional Ways to be under the age of thirteen (13). Specifically, the Website is not That Information Is Collected Through the Website,"subsection"Third intended or designed to attract children under the age of thirteen (13). Party Opt Out." You affirm that you are either more than 18 years of age, or an Access and Correction emancipated minor, or possess legal parental or guardian consent, and To access your Personal Information in the possession of FNF and are fully able and competent to enter into the terms, conditions, correct inaccuracies of that information in our records,please contact us obligations,affirmations,representations,and warranties set forth in this in the manner specified at the end of this Privacy Notice. We ask Privacy Notice Effective: May 1,2015 individuals to identify themselves and the information requested to be CCN does not share consumer information with third parties,other than accessed and amended before processing such requests, and we may those with which the mortgage loan servicer has contracted to interface decline to process requests in limited circumstances as permitted by with the CCN application. applicable privacy legislation. All sections of the FNF Privacy Notice apply to your interaction with Your California Privacy Rights CCN, except for the sections titled Choices with Your Personal Under California's "Shine the Light" law, California residents who Information and Access and Correction. If you have questions regarding provide certain personally identifiable information in connection with the choices you have with regard to your personal information or how to obtaining products or services for personal,family or household use are access or correct your personal information, you should contact your entitled to request and obtain from us once a calendar year information mortgage loan servicer. about the customer information we shared,if any,with other businesses for their own direct marketing uses. If applicable, this information No Representations or Warranties would include the categories of customer information and the names and By providing this Privacy Notice,Fidelity National Financial,Inc. does addresses of those businesses with which we shared customer not make any representations or warranties whatsoever concerning any information for the immediately prior calendar year(e.g.,requests made products or services provided to you by its majority-owned subsidiaries. in 2015 will receive information regarding 2014 sharing activities). In addition,you also expressly agree that your use of the Website is at your own risk. Any services provided to you by Fidelity National To obtain this information on behalf of FNF, please send an email Financial, Inc. and/or the Website are provided "as is" and "as message to privacy@,fnf.com with "Request for California Privacy available" for your use, without representations or warranties of any Information" in the subject line and in the body of your message. We kind, either express or implied, unless such warranties are legally will provide the requested information to you at your email address in incapable of exclusion. Fidelity National Financial, Inc. makes no response. representations or warranties that any services provided to you by it or the Website, or any services offered in connection with the Website are Please be aware that not all information sharing is covered by the"Shine or will remain uninterrupted or error-free,that defects will be corrected, the Light"requirements and only information on covered sharing will be or that the web pages on or accessed through the Website,or the servers included in our response. used in connection with the Website, are or will remain free from any Additionally, because we may collect your Personal Information from viruses,worms,time bombs, drop dead devices, Trojan horses or other time to time, California's Online Privacy Protection Act requires us to harmful components. Any liability of Fidelity National Financial, Inc. disclose how we respond to "do not track" requests and other similar and your exclusive remedy with respect to the use of any product or mechanisms. Currently, our policy is that we do not recognize "do not service provided by Fidelity National Financial, Inc. including on or track"requests from Internet browsers and similar devices. accessed through the Website, will be the re-performance of such service found to be inadequate. FNF Compliance with California Online Privacy Protection Act For some websites which FNF or one of its companies owns,such as the Your Consent To This Privacy Notice Customer CareNet ("CCN"), FNF is acting as a third party service By submitting Personal Information to FNF, you consent to the provider to a mortgage loan servicer.In those instances,we may collect collection and use of information by us as specified above or as we certain information on behalf of that mortgage loan servicer for fulfilling otherwise see fit, in compliance with this Privacy Notice, unless you a service to that mortgage loan servicer. For example, you may access inform us otherwise by means of the procedure identified below. If we CCN to complete a transaction with your mortgage loan servicer.During decide to change this Privacy Notice, we will make an effort to post this transaction, the information which we may collect on behalf of the those changes on the Website. Each time we collect information from mortgage loan servicer is as follows: you following any amendment of this Privacy Notice will signify your assent to and acceptance of its revised terms for all previously collected • First and Last Name information and information collected from you in the future. We may • Property Address use comments, information or feedback that you may submit in any • User Name manner that we may choose without notice or compensation to you. • Password • Loan Number If you have additional questions or comments, please let us know by sending your comments or requests to: • Social Security Number-masked upon entry • Email Address Fidelity National Financial,Inc. • Three Security Questions and Answers 601 Riverside Avenue • IP Address Jacksonville,Florida 32204 Attn:Chief Privacy Officer The information you submit is then transferred to your mortgage loan (888)934-3354 servicer by way of CCN. privacy@fnf.com The mortgage loan servicer is responsible for taking action or Copyright © 2015. Fidelity National Financial, Inc. All Rights making changes to any consumer information submitted through Reserved. this website. For example,if you believe that your payment or user information is incorrect, you must contact your mortgage loan EFFECTIVE AS OF:MAY 1,2015 servicer. Privacy Notice Effective: May 1,2015