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HomeMy WebLinkAboutADM17-0005 Title Report Lot 3A.pdf Customer Distribution Landlitier Our Order Number:V50046872-3 GUARANTEE COMPANY &MP.r515,7- Date: 03-09-2017 Property Address: 2458A GARMISCH DRIVE TO BE KNOWN AS LOT 3A,VAIL, CO 81657 For Title Assistance VAIL TITLE DEPARTMENT 610 WEST LIONSHEAD CIRCLE#300 VAIL,CO 81657 970-477-4500(phone) 970-476-4534(fax) eaglecountyrequests@Itgc.com PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS SellerlOwner EAGLE VALLEY SURVEYING RAYMOND SCOTT LIVINGSTONE Attention:MIKE POST Delivered via:Electronic Mail PO BOX 1230 EDWARDS,CO 81632 970-949-1406(work) 970-845-9504(work fax) mikepost@evsurvey.com Delivered via:Electronic Mail LAND TITLE GUARANTEE COMPANY BLUE HILLS LLC Attention:SARAH DORMAN Attention:SHAWN WEYRAUCH 610 WEST LIONSHEAD CIRCLE#300 Delivered via:Electronic Mail VAIL,CO 81657 970-476-2251(work) 970-476-4534(work fax) sdorman@ltgc.com Delivered via:Electronic Mail .__..... ..........................._........ .,gyp nR Landlitle GOWN-TEE COMPANY Land Title Guarantee Company Estimate of Title Fees Order Number: V50046872-3 Date: 03-09-2017 Property Address: 2458A GARMISCH DRIVE TO BE KNOWN AS LOT 3A VAIL, CO 81657 Buyer/Borrower: A BUYER TO BE DETERMINED Seller: RAYMOND SCOTT LIVINGSTONE Visit Land Title's website at www.ltgc.com for directions to any of our offices. ,� � � �� Estimate,of Tetle Insurance Fees r TBD Commitment $216.00 If Land Title Guarantee Company will be closing this transaction,the fees listed above will be collected at closing. Total $216.00 THANK YOU FOR YOUR ORDER! ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: V50046872-3 Customer Ref-Loan No.: Property Address: 2458A GARMISCH DRIVE TO BE KNOWN AS LOT 3A VAIL, CO 81657 1. Effective Date: 03-02-2017 At 05:00:00 2. Policy to be Issued and Proposed Insured: "TBD"Commitment $0.00 Proposed Insured: A BUYER TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: RAYMOND SCOTT LIVINGSTONE 5. The Land referred to in this Commitment is described as follows: *************k*****************************************AAA AA AAk NOTE: THE FOLLOWING LEGAL DESCRIPTION IS PRELIMINARY AND IS SUBJECT TO CHANGE UPON COMPLIANCE WITH THE REQUIREMENTS UNDER SCHEDULE B-1, HEREIN. ******************************************k*******A AA AA AAAA A A A* A PART OF LOT 3, BLOCK G, VAIL DAS SCHONE, FILING NO. 2, EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 3;THENCE N 33°29'40" E 39.12 FEET TO THE TRUE POINT OF BEGINNING;THENCE N 00°07'27" E 30.00 FEET;THENCE S 89°52'33" E 43.00 FEET; THENCE S 0°07'27"W 30.00 FEET;THENCE N 89°52'33"W 43.00 FEET TO THE TRUE POINT OF BEGINNING, AND A PART OF LOT 3, BLOCK G,VAIL DAS SCHONE, FILING NO. 2, EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 3;THENCE N 33°29'40" E 39.12 FEET TO THE TRUE POINT OF BEGINNING;THENCE N 00°07'27" E 24.20 FEET;THENCE N 89°52'33"W 13.80 FEET;THENCE S 00°07'27"W 24.20 FEET;THENCE S 89°52'33" E 13.80 FEET TO THE POINT OF BEGINNING. TOGETHER WITH AN UNDIVIDED 1/2 INTEREST IN THE FOLOWING: 1 A PART OF LOT 3, BLOCK G, VAIL DAS SCHONE- FILING NO. 2, EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: V50046872-3 Customer Ref-Loan No.: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 3;THENCE N 03°46'00" E AND ALONG THE WEST LINE OF SAID LOT 3, 106.00 FEET TO THE NORTHWEST CORNER THEREOF;THENCE S 78°51'04" E AND ALONG THE NORTH LINE OF SAID LOT 3, 110.26 FEET TO THE NORTHEAST CORNER THEREOF; THENCE S 07°35'00"W AND ALONG THE EAST LINE OF SAID LOT 3, 86.00 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE N 89°33'30"W AND ALONG THE SOUTH LINE OF SAID LOT 3, 103.78 FEET TO THE SOUTHWEST CORNER THEREOF, EXCEPTING THE FOLLOWING THREE PARCELS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 3,THENCE N 33°29'40"E 39.12 FEET TO THE TRUE POINT OF BEGINNING;THENCE S 00°07'27"W 30.00 FEET;THENCE S 89°52'33" E 43.00 FEET; THENCE N 00° 07'27" E 60.00 FEET;THENCE N 89°52'33"W 43.00 FEET;THENCE S 00°07'27"W 30.00 FEET TO THE POINT OF BEGINNING; A PART OF LOT 3, BLOCK G,VAIL DAS SCHONE, FILING NO. 2, EAGLE COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 3;THENCE N 33°29'40" E 39.12 FEET TO THE TRUE POINT OF BEGINNING;THENCE S 00°07'27"W 23.90 FEET;THENCE N 89°52'33"W 13.80 FEET;THENCE N 00°07'27" E 23.90 FEET; THENCE S 89°52'33" E 13.80 FEET TO THE POINT OF BEGINNING; A PART OF LOT 3, BLOCK G,VAIL DAS SCHONE, FILING NO. 2 COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 3;THENCE N 33°29'40" E 39.12 FEET TO THE TRUE POINT OF BEGINNING;THENCE N 00°07'27"E 24.20 FEET;THENCE N 89°52'33"W 13.80 FEET;THENCE S 00°0727"W 24.20 FEET;THENCE S 89°52'33"E 13.80 FEET TO THE POINT OF BEGINNING. COUNTY OF EAGLE, STATE OF COLORADO. Copyright 2006-2017 American Land Title Association. All Rights Reserved AMERICAN LAND MIL usD<uv°H The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited.Reprinted under license from the American Land Title Association. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: V50046872-3 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s)creating the estate or interest to be insured must be executed and duly filed for record,to-wit: 1. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED. 2. RECORD DULY EXECUTED AND ACKNOWLEDGED PLAT OF A RESUBDIVISION OF LOT 3, BLOCK G, VAIL DAS SCHONE, FILING NO. 2. NOTE:A COPY OF SAID PLAT MUST BE SUBMITTED TO LAND TITLE GUARANTEE COMPANY PRIOR TO RECORDATION. UPON RECEIPT AND REVIEW FURTHER REQUIREMENTS AND/OR EXCEPTIONS MAY BE NECESSARY. 3. RECORDATION OF AN AMENDED &FULLY RESTATED PARTY WALL AGREEMENT OR AN AMENDMENT TO THE CURRENT PARTY WALL AGREEMENT FOR A RESUBDIVISION OF LOT 3, BLOCK G,VAIL DAS SCHONE FILING NO. 2. NOTE: PLEASE SEE EXCEPTION NO. 13 FOR THE CURRENT RECORDED PARTY WALL AGREEMENT AND FIRST AMENDMENT. 4. WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR RAYMOND SCOTT LIVINGSTONE RECORDED NOVEMBER 05, 2014 AT RECEPTION NO. 201419077 IS CURRENT. NOTE: SAID INSTRUMENT DISCLOSES SHAWN D.WEYRAUCH AS THE MANAGER AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE,A CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED. 5. QUIT CLAIM DEED FROM RAYMOND SCOTT LIVINGSTONE TO BLUE HILLS LLC,A COLORADO LIMITED LIABILITY COMPANY CONVEYING ANY AND ALL INTEREST IN AND TO LOT 3B.NOTE: SAID LOT 3B TO BE FURTHER DESCRIBED IN THE NEW RESUBDIVISION PLAT AND AMENDED PARTY WALL AGREEMENT WHICH WILL BE RECORDED AS PER REQUIREMENTS#2&#3 ABOVE. 6. QUIT CLAIM DEED FROM BLUE HILLS LLC,A COLORADO LIMITED LIABILITY COMPANY TO RAYMOND SCOTT LIVINGSTONE CONVEYING ANY AND ALL INTEREST IN AND TO LOT 3A.NOTE: SAID LOT 3A TO BE FURTHER DESCRIBED IN THE NEW RESUBDIVISION PLAT AND AMENDED PARTY WALL AGREEMENT WHICH WILL BE RECORDED AS PER REQUIREMENTS#2 &#3 ABOVE. 7. WARRANTY DEED FROM RAYMOND SCOTT LIVINGSTONE TO A BUYER TO BE DETERMINED CONVEYING SUBJECT PROPERTY. NOTE:ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY,ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. • r Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: V50046872-3 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that 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 encroachment, encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien,for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances,adverse claims or other matters, if any,created,first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a)Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b)proceedings by a public agency that may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the Public Records. 7. (a)Unpatented mining claims; (b)reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c)water rights, claims or title to water. 8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 11, 1900, IN BOOK 48 AT PAGE 236. 9. RESERVATION OF AN UNDIVIDED 1/2 INTEREST IN AND TO THE OIL, GAS AND MINERAL RIGHTS TO THE ABOVE DESCRIBED LAND AS SET FORTH IN WARRANTY DEED RECORDED DECEMBER 30, 1959 IN BOOK 165 AT PAGE 133. 10. A PERPETUAL EASEMENT FOR THE CONSTRUCTION MAINTENANCE REMOVAL AND REPLACEMENT OF GAS LINES ALONG ALL DEDICATED ROADS IN VAIL DAS SCHONE FILING NO. 2 AS DESCRIBED IN INSTRUMENT RECORDED SEPTEMBER 6, 1968 IN BOOK 213 AT PAGE 344. 11. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF VAIL DAS SCHONE FILING NO. 2 RECORDED JUNE 25, 1969 UNDER RECEPTION NO. 110984. 12. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN,ANCESTRY, OR SOURCE OF INCOME,AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED OCTOBER 10, 1969, IN BOOK 216 AT PAGE 153 AND AS AMENDED IN INSTRUMENT RECORDED OCTOBER 28, 1969, IN BOOK 216 AT PAGE 284 AND AS AMENDED IN INSTRUMENT RECORDED FEBRUARY 16, 1970 IN BOOK 217 AT V Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: V50046872-3 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: PAGE 77. 13. TERMS, CONDITIONS AND PROVISIONS OF PARTYWALL AGREEMENT RECORDED SEPTEMBER 21, 1976 UNDER RECEPTION NO. 145147 AND PARTYWALLAGREEMENT RECORDED FEBRUARY 22, 1978 UNDER RECEPTION NO. 163543. 14. TERMS, CONDITIONS AND PROVISIONS OF RESERVATION AND EXCEPTION AS CONTAINED IN DEED RECORDED DECEMBER 12, 1985 IN BOOK 432 AT PAGE 133. 15. THE EFFECT OF NOTICE, RECORDED OCTOBER 28, 2015, UNDER RECEPTION NO. 201520517. I 1 • JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY-GRAND JUNCTION, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC,as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information("Personal Information"). In the course of our business,we may collect Personal Information about you from: O. applications or other forms we receive from you, including communications sent through TMX,our web-based transaction management system; I► your transactions with, or from the services being performed by,us,our affiliates,or others; 1. a consumer reporting agency,if such information is provided to us in connection with your transaction; and ▪ the public records maintained by governmental entities that we either obtain directly from those entities,or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide,products and services to you. • We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. 1. We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws,there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission;when we are required by law to do so,for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as,for example,when disclosure is needed to enforce our rights arising out of any agreement,transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof,shall be settled by arbitration in accordance with the rules of the American Arbitration Association,and judgment upon the award rendered by the arbitrator(s)may be entered in any court having jurisdiction thereof. .. ipm LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY-GRAND JUNCTION Land Title k k, nrf tsva ,AN.Y. DISCLOSURE STATEMENTS Note:Pursuant to CRS 10-11-122,notice is hereby given that: A) The Subject real property may be located in a special taxing district. B) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurers authorized agent unless the proposed insured provides written instructions to the contrary.(for an Owner's Policy of Title Insurance pertaining to a sale of residential real property) C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners,the County Clerk and Recorder,or the County Assessor. Note:Effective September 1,1997,CRS 30-10-406 requires 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 any document that does not conform,except that,the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note:Colorado Division of Insurance Regulations 8-1-2 requires that"Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed".Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction,exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note:Affirmative mechanic's lien protection for the Owner may be available(typically by deletion of Exception no.4 of Schedule B-2 of the Commitment from the Owner's Policy to be issued)upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction,improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment,the requirements to obtain coverage for unrecorded liens will include:disclosure of certain construction information;financial information as to the seller,the builder and or the contractor;payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company,and,any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note:Pursuant to CRS 10-11-123,notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate,in Schedule B-2. A) That there is recorded evidence that a mineral estate has been severed,leased,or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil,gas,other minerals,or geothermal energy in the property;and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note:Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false,incomplete,or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company.Penalties may include imprisonment,fines,denial of insurance,and civil damages.Any insurance company or agent of an insurance company who knowingly provides false,incomplete,or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note:Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender,purchaser,lessee or seller in connection with this transaction. * Commitment to Insure _ut41( ALTA Commitment-2006 Rev. 91?./ OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY,a Minnesota 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. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue,whichever first occurs,provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 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 acquires 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 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 and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith(a)to comply with the requirements hereof or(b)to eliminate exceptions shown in Schedule B,or(c)to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations 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 www.alta.org. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to,this Commitment is also subject to the following: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Easements,or claims of easements,not shown by the Public Records. 3. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records. 4. Any lien,or right to a lien,for services,labor or material theretofore 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 value the estate or interest or mortgage thereon covered by this Commitment. IN WITNESS WHEREOF,Old Republic 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 to be valid when countersigned by a validating officer or other authorized signatory. Issued by: )))))e Old Republic National Title Insurance Company Land Title Guarantee Company ,•••P•-TIr�F • a Stock Company 3033 East First Avenue /� � 400 Second Avenue South Suite 600 �� * * �I tPG . Minneapolis,Minnesota 55401 Denver,Colorado 80206 =2Q (612)371-1111 303-321-1880 * ny . Mark Bilbrey President �. ►� y * O AMERICAN John E.Freyer,Jr . Via, yC * ., ► LANDTITLE President ''r,1770 _ )�d ,� ASSOCIATION 444111444 Ronde Yeager Secretary