HomeMy WebLinkAboutTitle Report_26.pdf IF"
PREVENT FRAUD-Please remember to call a member of our closing team
-T
Land 1itlwhen initiating a wire transfer or providing wiring instructions.
GUARANTEE COMPANY
—.Since 1967
Land Title Guarantee Company
Customer Distribution
Our Order Number: ABC50048450-4
Date: 09-12-2017
Property Address: PCL 1 GOLDEN PEAK SKI BASE & REC DST. VAIL
For Title Assistance
Scott Bennetts
5975 GREENWOOD PLAZA BLVD
GREENWOOD VILLAGE,CO 80111
303-850-4175(phone)
303-393-4842(fax)
sbennetts@ltgc.com
PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS
Seller/Owner Lender-New Loan
VAIL CORP COLORADO BUSINESS BANK
390 INTERLOCKEN CRES#1000 Attention: BETTY LECHMAN
BROOMFIELD,CO 80021 1401 LAWRENCE ST#1200
Delivered via: Electronic Mail DENVER,CO 80202
303-312-3455(work)
303-298-4231(work fax)
elechman@cobizbank.com
Delivered via: Undetermined
LAND TITLE GUARANTEE COMPANY Lender-New Loan
Attention:SARAH DORMAN COLORADO BUSINESS BANK
610 WEST LIONSHEAD CIRCLE#300 Attention:JUDITH LAJOIE
VAIL,CO 81657 1401 LAWRENCE ST#1200
970-476-2251(work) DENVER,CO 80202
970-476-4534(work fax) 720-346-0725(phone)
sdorman@Itgc.com 303-312-3418(work)
Delivered via: Electronic Mail 303-312-3477(work fax)
jlajoie@cobizbank.com
Delivered via: Undetermined
EAGLE VALLEY SURVEYING Attorney for Lender
Attention: MIKE POST SNELL&WILMER
PO BOX 1230 Attention:Curt Reimann
EDWARDS,CO 81632 1200 17TH ST#1900
970-949-1406(work) DENVER,CO 80202
970-845-9504(work fax) 303-634-2104(work)
mikepost@evsurvey.com creimann@swlaw.com
Delivered via: Electronic Mail Delivered via: Undetermined
BRAUN ASSOCIATES INC Attorney for Lender
Attention:TOM BRAUN SNELL&WILMER
225 MAIN STREET, SUITE G-2 Attention: Frances Folin
EDWARDS,CO 81632 1200 17TH ST#1900
970-926-7575(work) DENVER,CO 80202
tom@braunassociates.com 303-634-2134(work)
Delivered via: Electronic Mail ffolin@swlaw.com
Delivered via: Undetermined
EAGLE VALLEY SURVEYING Lender-New Loan
Attention:STAN HOGFELDT COLORADO BUSINESS BANK
PO BOX 1230 Attention:BETTY LECHMAN
EDWARDS,CO 81632 1401 LAWRENCE ST#1200
970-949-1406(work) DENVER,CO 80202
970-845-9504(work fax) 303-312-3455(work)
stanhogfeldt@evsurvey.com 303-298-4231(work fax)
Delivered via: Electronic Mail elechman@cobizbank.com
Delivered via: Undetermined
BuyerlBorrower
VIELE AND COMPANY CORPORATION
Attention: DAVID VIELE
2111 N FRONTAGE RD WEST#E
VAIL,CO 81657
970-476-3082(work)
970-476-3423(work fax)
david@vieleconstruction.com
Delivered via: Electronic Mail
Land stile
GUA RANTES COMPANY
Si7Ct 190
Land Title Guarantee Company
Estimate of Title Fees
Order Number: ABC50048450-4 Date: 09-12-2017
Property Address: PCL 1 GOLDEN PEAK SKI BASE & REC DST. VAIL
Buyer/Borrower: TO BE DETERMINED
Seller: THE VAIL CORPORATION,A COLORADO CORPORATION, (AS TO TRACT 1)
SKI AND SNOWBOARD CLUB VAIL,A COLORADO NONPROFIT CORPORATION WHO
ACQUIRED TITLE AS SKI CLUB VAIL,A COLORADO NONPROFIT CORPORATION, (AS TO
TRACT 2
Visit Land Title's website at www.ltgc.com for directions to any of our offices.
Estimate of Title Insurance Fees
ALTA Owners Policy 06-17-06 To Be Determined
ALTA Loan Policy 06-17-06 $10,708.00
Deletion of Standard Exception(s) (1 THROUGH 3 ONLY) $100.00
If Land Title Guarantee Company will be closing this transaction,the fees listed above will be collected at closing.
Total To Be Determined
THANK YOU FOR YOUR ORDER!
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number: ABC50048450-4
Customer Ref-Loan No.:
Property Address:
PCL 1 GOLDEN PEAK SKI BASE & REC DST. VAIL
1. Effective Date:
08-31-2017 At 05:00:00
2. Policy to be Issued and Proposed Insured:
"ALTA" Owner's Policy 06-17-06 To Be Determined
Proposed Insured:
TO BE DETERMINED
"ALTA" Loan Policy 06-17-06 $14,340,000.00
Proposed Insured:
COBIZ BANK,A COLORADO CORPORATION D/B/A
COLORADO BUSINESS BANK, ITS SUCCESSORS
AND/OR ASSIGNS
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:
THE VAIL CORPORATION,A COLORADO CORPORATION, (AS TO TRACT 1)
SKI AND SNOWBOARD CLUB VAIL, A COLORADO NONPROFIT CORPORATION WHO ACQUIRED
TITLE AS SKI CLUB VAIL,A COLORADO NONPROFIT CORPORATION, (AS TO TRACT 2
5. The Land referred to in this Commitment is described as follows:
TRACT 1:
PARCEL 1, GOLDEN PEAK SKI BASE AND RECREATION DISTRICT PARCEL, ACCORDING TO THE PLAT
RECORDED JANUARY 15, 1987 IN BOOK 455 AT PAGE 934, COUNTY OF EAGLE, STATE OF COLORADO,
EXCEPTING THEREFROM THE LAND DESCRIBED ON CONDOMINIUM MAP OF GOLDEN PEAK
CONDOMINIUMS RECORDED SEPTEMBER 17, 1997 IN BOOK 737 AT PAGE 493.
TRACT 2:
A PART OF TRACT B, VAIL VILLAGE SEVENTH FILING,A SUBDIVISION RECORDED UNDER RECEPTION
NO. 102730, FILED IN MAP CASE 2, IN DRAWER V, OF THE EAGLE COUNTY, COLORADO CLERK AND
RECORDER'S RECORDS, SAID PART OF TRACT B BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:BEGINNING ATA POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF VAIL VALLEY DRIVE,
SAID POINT ALSO BEING THE MOST NORTHWESTERLY CORNER OF LOT A, BLOCK 2, VAIL VILLAGE
SEVENTH FILING; THENCE THE FOLLOWING THREE COURSES ALONG THE SAID SOUTHERLY RIGHT
OF WAY LINE OF VAIL VALLEY DRIVE:(1) S. 66 DEGREES 20 MINUTES 56 SECONDS W A DISTANCE OF
130.00 FEET, TOA POINT OF CURVATURE,(2)AN ARC DISTANCE OF 286.19 FEET ALONG A 525.00 FOOT
RADIUS CURVE TO THE RIGHT, WITH A CENTRAL ANGLE OF 31 DEGREES 14 MINUTES 01 SECONDS
AND A CHORD THAT BEARS S 81 DEGREES 57 MINUTES 56 SECONDS W A DISTANCE OF 282.66 FEET
TO A POINT OF TANGENCY;(3) N 82 DEGREES 25 MINUTES 03 SECONDS W A DISTANCE OF 310.75
FEET TO THE TRUE POINT OF BEGINNING;THENCE S 7 DEGREES 34 MINUTES 57 SECONDS W A
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number: ABC50048450-4
Customer Ref-Loan No.:
DISTANCE OF 90.00 FEET; THENCE N 67 DEGREES 11 MINUTES 36 SECONDS W A DISTANCE OF 155.28
FEET; THENCE N 30 DEGREES 38 MINUTES 54 SECONDS E A DISTANCE OF 90.00 FEET TO A POINT ON
THE SOUTHERLY RIGHT OF WAY LINE OF VAIL VALLEY DRIVE; THENCE THE FOLLOWING TWO
COURSES ALONG THE SAID WESTERLY RIGHT OF WAY LINE OF VAIL VALLEY DRIVE:(1) S 59 DEGREES
21 MINUTES 06 SECONDS E A DISTANCE OF 50.00 FEET, TO A POINT OF CURVATURE;(2)AN ARC
DISTANCE OF 70.45 FEET ALONG A 175.00 FOOT RADIUS CURVE TO THE LEFT, WITH A CENTRAL
ANGLE OF 23 DEGREES 03 MINUTES 57 SECONDS AND A CHORD THAT BEARS S 70 DEGREES 53
MINUTES 04 SECONDS E A DISTANCE OF 69.98 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF
EAGLE, STATE OF COLORADO.
Copyright 2006-2017 American Land Title Association. All Rights ReservedMEQ
LSND TITLE
ASSOCIATION
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: ABC50048450-4
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. RELEASE OF DEED OF TRUST DATED JUNE 09, 2009 FROM KI CLUB VAIL,A COLORADO NONPROFIT
CORPORATION NOW KNOWN AS SKI AND SNOWBOARD CLUB VAIL,A COLORADO NONPROFIT
CORPORATION TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE USE OF ALPINE BANK VAIL
TO SECURE THE SUM OF$50,000.00 RECORDED JUNE 17, 2009, UNDER RECEPTION NO. 200911922.
MODIFICATION AGREEMENT AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS
RECORDED DECEMBER 30, 2014 UNDER RECEPTION NO. 201422211.
MODIFICATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED JUNE 16,
2015 UNDER RECEPTION NO. 201510906.
MODIFICATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED MAY 23,
2016 UNDER RECEPTION NO. 201607756.
MODIFICATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED MAY 23,
2016 UNDER RECEPTION NO. 201607757.
NOTE: (ABOVE DEED OF TRUST AFFECTS TRACT 2)
2. RECORD DULY EXECUTED AND ACKNOWLEDGED OF NEW PLAT.
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. PROVIDE LAND TITLE GUARANTEE COMPANY WITH A CURRENT SURVEY OF SUBJECT PROPERTY.
UPON REVIEW,ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS MAY BE NECESSARY.
LAND TITLE IS NOT RESPONSIBLE FOR ORDERING SAID SURVEY.
SAID SURVEY MUST BE CERTIFIED TO LAND TITLE GUARANTEE COMPANY AND OLD REPUBLIC
NATIONAL TITLE INSURANCE COMPANY.
4. WARRANTY DEED FROM THE VAIL CORPORATION,A COLORADO CORPORATION, (AS TO TRACT 1)
SKI AND SNOWBOARD CLUB VAIL, A COLORADO NONPROFIT CORPORATION WHO ACQUIRED TITLE
AS SKI CLUB VAIL,A COLORADO NONPROFIT CORPORATION, (AS TO TRACT 2 TO TO BE
DETERMINED CONVEYING SUBJECT PROPERTY.
5. DEED OF TRUST FROM TO BE DETERMINED TO THE PUBLIC TRUSTEE OF EAGLE COUNTY FOR THE
USE OF COBIZ BANK,A COLORADO CORPORATION D/B/A COLORADO BUSINESS BANK TO SECURE
THE SUM OF$14,340,000.00.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B-1
(Requirements)
Order Number: ABC50048450-4
The following are the requirements to be complied with:
NOTE: ITEMS 1-3 OF THE STANDARD EXCEPTIONS TO THE MORTGAGEES POLICY WILL BE DELETED
UPON RECEIPT OF AN APPROVED SURVEY. MATTERS DISCLOSED BY SAID SURVEY MAY BE ADDED
TO SCHEDULE B-2 HEREOF.
NOTE: ITEM 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE
COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S)AND RECORDS
THE DOCUMENTS IN CONNECTION THEREWITH.
NOTE: UPON PROOF OF PAYMENT OF 2016 TAXES, ITEM 6 WILL BE AMENDED TO READ:
TAXES AND ASSESSMENTS FOR THE YEAR 2017 AND SUBSEQUENT YEARS,A LIEN NOT YET DUE OR
PAYABLE.
NOTE: ITEMS 7(A)AND 7(B) OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED.
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. (AS TO TRACT 2)
Old Republic National Title Insurance Company
Schedule B-2
(Exceptions)
Order Number: ABC50048450-4
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. EXISTING LEASES AND TENANCIES, IF ANY.
9. 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 JULY 11, 1899, IN BOOK 48 AT PAGE 475 AND IN UNITED
STATES PATENT RECORDED MAY 20, 1905, IN BOOK 48 AT PAGE 511.
(AS TO TRACT 1)
10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 11, 1899, IN BOOK 48 AT PAGE
475 AND RECORDED MAY 20, 1905 IN BOOK 48 AT PAGE 511.
(AS TO TRACT 1)
11. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE
PLAT OF VAIL VILLAGE, FILING NO. 5 RECORDED NOVEMBER 12, 1965 UNDER RECEPTION NO.
102538.
(AS TO TRACT 1)
12. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE
PLAT OF VAIL VILLAGE FILING NO. 7 RECORDED DECEMBER 17, 1965 UNDER RECEPTION NO.
102780.
(AS TO TRACT 1)
13. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT
Old Republic National Title Insurance Company
Schedule B-2
(Exceptions)
Order Number: ABC50048450-4
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:
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 DECEMBER 17, 1965, IN BOOK
187 AT PAGE 515.
(AS TO TRACT 1)
14. 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 NOVEMBER 15, 1965, IN BOOK
187 AT PAGE 353,AMENDMENT THERETO RECORDED AUGUST 27, 1984 IN BOOK 393 AT PAGE 492.
(AS TO TRACT 1)
15. 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 JANUARY 15, 1987, IN BOOK 455
AT PAGE 933 AND AMENDMENT THERETO RECORDED AUGUST 2, 1988 IN BOOK 488 AT PAGE 378
AND WAIVER AND DECLARATION OF ADDITIONAL COVENANTS RECORDED AUGUST 2, 1988 IN
BOOK 488 AT PAGE 379
(AS TO TRACT 1)
16. EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS, RESERVATIONS AND NOTES ON
THE PLAT OF GOLDEN PEAK SKI BASE AND RECREATION DISTRICT PARCEL RECORDED JANUARY
15, 1987 IN BOOK 455 AT PAGE 934.
(AS TO TRACT 1)
17. ANY RIGHTS OR INTERESTS OF THIRD PARTIES WHICH EXIST OR ARE CLAIMED TO EXIST IN AND
OVER THE PRESENT AND PAST BED, BANKS OR WATERS OF MILL CREEK DIVERSION AS SHOWN
ON THE RECORDED PLAT OF GOLDEN PEAK SKI BASE AND RECREATION DISTRICT PARCEL.
(AS TO TRACT 1)
18. TERMS, CONDITIONS AND PROVISIONS OF GRANT AND CONVEYANCE OF ACCESS EASEMENT
RECORDED SEPTEMBER 17, 1997 AT RECEPTION NO. 633447.
(AS TO TRACT 1)
19. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED AUGUST 07, 2001 AT
RECEPTION NO. 764058.
(AS TO TRACT 1)
20. TERMS, CONDITIONS AND PROVISIONS OF HOLY CROSS ELECTRIC ASSOCIATION, INC.
UNDERGROUND RIGHT OF WAY EASEMENT RECORDED OCTOBER 29, 2001 AT RECEPTION NO.
770974.
(AS TO TRACT 1)
Old Republic National Title Insurance Company
Schedule B-2
(Exceptions)
Order Number: ABC50048450-4
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:
21. TERMS, CONDITIONS AND PROVISIONS OF WATER EASEMENT RECORDED SEPTEMBER 07, 2005
AT RECEPTION NO. 928665.
(AS TO TRACT 1)
22. TERMS, CONDITIONS AND PROVISIONS OF DRAINAGE MAINTENANCE EASEMENT RECORDED
DECEMBER 17, 2007 AT RECEPTION NO. 200732788.
(AS TO TRACT 1)
23. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH
AND GRANTED IN LICENSE AND ENCROACHMENT AGREEMENT RECORDED FEBRUARY 11, 2009
UNDER RECEPTION NO. 200902313.
(AS TO TRACT 1)
24. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH
AND GRANTED IN ELECTRIC UTILITY EASEMENT RECORDED MARCH 11, 2009 UNDER RECEPTION
NO. 200904388.
(AS TO TRACT 1)
25. EASEMENT GRANTED TO HOLY CROSS ENERGY,A COLORADO CORPORATION, FOR
UNDERGROUND ELECTRIC FACILITIES,AND INCIDENTAL PURPOSES, BY INSTRUMENT
RECORDED NOVEMBER 17, 2009, UNDER RECEPTION NO. 200924671.
(AS TO TRACT 1)
26. TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT,AND VAULT AGREEMENT
RECORDED SEPTEMBER 03, 2014 AT RECEPTION NO. 201414934.
(AS TO TRACT 1)
27. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH
AND GRANTED IN HOLY CROSS ENERGY UNDERGROUND RIGHT-OF-WAY EASEMENT RECORDED
SEPTEMBER 30, 2014 UNDER RECEPTION NO. 201416765.
(AS TO TRACT 1)
28. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 27, 1926, IN BOOK 93 AT PAGE
146. (AS TO TRACT 2)
29. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE
PLAT OF VAIL VILLAGES SEVENTH FILING RECORDED DECEMBER 17, 1965 UNDER RECEPTION
NO. 102780. (AS TO TRACT 2).
30. 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 DECEMBER 07, 1965, IN BOOK
187 AT PAGE 515. (AS TO TRACT 2)
IF"
JOINT NOTICE OF PRIVACY POLICY OF
LAND TITLE GUARANTEE COMPANY
Land I lL 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:
► applications or other forms we receive from you, including communications sent through TMX, our web-based
transaction management system;
► your transactions with, or from the services being performed by, us, our affiliates, or others;
► 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.
► 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.
IF" LAND TITLE GUARANTEE COMPANY
Land Titre
G4:A RANTES OOlNPANY
mee
r.96.7— 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 treasurer's 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
ALTA Commitment-2006 Rev.
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: ,,,,,, Old Republic National Title Insurance Company
Land Title Guarantee Company �� 4 TITS •� a Stock Company
3033 East First Avenue r— F
0' * lib. . 400 Second Avenue South
Suite 600 ...•‘4.• * 4 ", Minneapolis,Minnesota 55401
Denver,Colorado 80206 srp (612)371-1111
303-321-1880 =C? * cit *
' * T 11/ r Mark
�t 0r)‘: Bint
* AMERICAN
John E.Freyer,Jr . NY+, ;L * President
LAND TITLE
President ' Q70
00 ,•% ASSOCIATION
•
Ramie Yeager
Secretary
Certificate of Taxes Due
EAGLE COUNTY TREASURER
EAGLE COUNTY,CO
Account#: R010173 Cert#: 21799
Parcel#: 210312111003 Requestor: LAND TITLE-VAIL
Owner: JAMES K.ARONSTEIN TRUST- ETAL
4730 S DOWNING ST Requestor#: 50048450
ENGLEWOOD,CO 80113-5900 Email: DPEREIDA@LTGC.COM;
Amount due is vaffaVises d oc[getigalgi,Com
W
Property Address: 1360 ESTHAVEN VAIL AREA,0 y
Comments:
Legal Description: Subdivision:MILLRACE Unit:4C BK-0342 PG-0158 BK-0375 PG-0417 QCD 12-12-83 BK-0377 PG-0145 QCD 12-30-83 BK-0377 PG-0561
QCD 01-17-84 BK-0522 PG-0364 QCD 01-24-90 BK-0545 PG-0262 QCD 12-26-89 BK-0557 PG-0368 WD 06-27-91 BK-0615 PG-0719 WD
08-05-93 R200630442 EAS 11-06-06
TAX YEAR CHARGE BASE AMOUNT INTEREST FEES TOTAL DUE
2016 Ad Valorem $6,075.28 $0.00 $0.00 $6,075.28
TOTAL TAX $6,075.28 $0.00 $0.00 $6,075.28
EXEMPTION (APPLIED) $0.00
PAID $6,075.28
TOTAL LIABILITY(current and prior years): $0.00
ORIGINAL TAX BILLING FOR 2016 TAX DISTRICT SC115 Values Actual Assessed
Authority Levy Tax Residential Imp $1,338,590.00 $106,550.00
CASCADE VILLAGE METRO DIST,061 10.301 $1,097.57 Residential Land $0.00 $0.00
CO RIVER WATER CONSERVATION,076 0.253 $26.96 TOTAL $1,338,590.00 $106,550.00
COLO MTN COLLEGE(CMC),012 3.997 $425.88
EAGLE COUNTY,001 -011 8.499 $905.57
EAGLE CTY HEALTH SERVICE,096 2.755 $293.55
EAGLE RIVER WATER &SAN., 069 0.849 $90.46
MINTURN CEMETERY DISTRICT,043 0.450 $47.95
RE50J SCHOOL DIST,015-018 25.209 $2,686.02
TOWN OF VAIL,036 4.705 $501.32
TAXES FOR 2016 57.018 $6,075.28
'Credit Levy
All Tax Lien Sale amounts are subject to change due to endorsement of current taxes by the lienholder. Tax Lien Sale redemption amounts must be paid by cash or certified funds.This
certificate does not include land or improvements assessed under a separate account number,personal property taxes,oil,gas and mineral rights,transfer tax or misc.tax collected on
behalf of other entities,special or local improvement district assessments or mobile homes,unless specifically mentioned. Information regarding special taxing districts and the
boundaries of such districts may be on file or deposit with the Board of County Commissioners,the County Clerk and Recorder or the County Assessor.
I,the undersigned,do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the
records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof,I have hereunto set my hand and seal
this 8/28/2017.
TEAK SIMONTON,TREASURER
SEAL 3 rt'
4?:,:»erseBY:
Certificate of Taxes Due
EAGLE COUNTY TREASURER
EAGLE COUNTY,CO
Account#: P009224 Cert#: 21801
Parcel#: 210312111003 Requestor: LAND TITLE-VAIL
Owner: JAMES K.ARONSTEIN TRUST- ETAL
4730 S DOWNING ST Requestor#: 50048450
ENGLEWOOD,CO 80113 Email: DPEREIDA@LTGC.COM;
Amount due is vaagnatSiPaedialKem
Property Address: 1360 WESTHAVEN VAIL AREA,0
Comments:
Legal Description: DESC:HOUSEHOLD FURNISHINGS Subdivision:MILLRACE Unit:4C
TAX YEAR CHARGE BASE AMOUNT INTEREST FEES TOTAL DUE
TOTAL TAX $0.00 $0.00 $0.00 $0.00
EXEMPTION (APPLIED) $0.00
PAID $0.00
TOTAL LIABILITY(current and prior years): $0.00
ORIGINAL TAX BILLING FOR 2016 TAX DISTRICT Values Actual Assessed
Authority Levy Tax TOTAL $0.00 $0.00
TAXES FOR 2016 0 $0.00
•Credit Levy
All Tax Lien Sale amounts are subject to change due to endorsement of current taxes by the lienholder. Tax Lien Sale redemption amounts must be paid by cash or certified funds.This
certificate does not include land or improvements assessed under a separate account number,personal property taxes,oil,gas and mineral rights,transfer tax or misc.tax collected on
behalf of other entities,special or local improvement district assessments or mobile homes,unless specifically mentioned. Information regarding special taxing districts and the
boundaries of such districts may be on file or deposit with the Board of County Commissioners,the County Clerk and Recorder or the County Assessor.
I.the undersigned,do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the
records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof,I have hereunto set my hand and seal
this 8/28/2017.
TEAK SIMONTON,TREASURER
. :vim.,
SEAL .1§)•
•
wt�rer.