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HomeMy WebLinkAbout28141 Basingdale Blvd Title Report.pdf Matt Panfil From: Jason Fish <jason.fish@exprealty.com> Sent: Wednesday, March 21, 2018 6:39 AM To: Matt Panfil Subject: Fwd: Commitment (2841 BASING DALE BOULEVARD)(Buyer: Forenza)(Our 50049689) Matt- Please see the title commitment attached. Thanks Forwarded message From: <eaglecountyrequests@a,ltgc.com> Date: Thu, Jan 18, 2018 at 3:41 PM Subject: Commitment (2841 BASINGDALE BOULEVARD)(Buyer: Forenza)(Our 50049689) To: wilhelm@,wail-beavercreek.com,jason.fish@exprealty.com, mlevarn@ltgc.com, abenoit@ltgc.com, cpatterson@ltgc.com IP" Land Title GUARANTEE COMPANY Your Documents from Land Title • Commitment IP" Land Title Guarantee Company Customer Distribution Land Title'{S:ARh�T F.f CF H.7f;ih'S" PREVENT FRAUD - Please remember to call a member of our closing team when ini —sinc ! A7— Order Number: V50049689 Property Address: 2841 BASINGDALE BOULEVARD, VAIL, CO 81657 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance Closer's Assistant 1 Charis Patterson Allison Benoit 0090 BENCHMARK RD #205 0090 BENCHMARK RD #205 AVON, CO 81620 AVON, CO 81620 (970) 748-4784 (Work) (970) 748-4795 (Work) (877) 408-7373 (Work Fax) (877) 261-1631 (Work Fax) cpattersonitqc.com abenoitCc�Itgc.com Company License: CO44565 Company License: CO44565 Buyer/Borrower Agent for Buyer DAVID L FORENZA EXP REALTY Attention: DAVID FORENZA Attention: JASON FISH Delivered via: Electronic Mail 1061 W BEAVER CREEK E AVON, CO 81620 (443) 248-4535 (Work) jason.fish@exprealty.com Delivered via: Electronic Mz• Seller/Owner Agent for Seller MICHAEL G MOORE AND YOSHIMI S MOORE BERKSHIRE HATHAWAY I Delivered via: Electronic Mail Attention: KAREN WILHELI 511 LIONSHEAD MALL VAIL, CO 81657 (970) 476-2482 (Work) (970) 390-2480 (Home) (970) 476-6499 (Work Fax) wilhelm(c�vail-beavercreek.( Delivered via: ElectronicIF" M� Land Title Guarantee Company Estimate of Title Fees Land Ttl {S:ARM.TF.F mmrih'v —Sha I rtr Order Number: V50049689 Property Address: 2841 BASINGDALE BOULEVARD, VAIL, CO 81657 Parties: DAVID FORENZA Seller: MICHAEL G. MOORE AND YOSHIMI S. MOORE Visit Land Title's Website at www.ltgc.com for directions to any of our ofi Estimate of Title insurance Fees "ALTA" Owner's Policy 06-17-06 Reissue Rate Deletion of Standard Exception(s) 2 Tax Certificate (Tax Certificate Ordered) If Land Title Guarantee Company will be closing this transaction, the fees listed above will be Thank you for your order! Chain of Title Documents: • Eagle county recorded 03/19/2014 under reception no. 201404238 Plat Map(s): • Eagle county recorded 09/02/1971 under reception no. 117228 ALTA COMMITMENT Old Republic National Title Insurance Compan; Schedule A Property Address: 2841 BASINGDALE BOULEVARD, VAIL, CO 81657 1. Effective Date: 01/11/2018 at 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "ALTA" Owner's Policy 06-17-06 Reissue Rate Proposed Insured: DAVID FORENZA 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: MICHAEL G. MOORE AND YOSHIMI S. MOORE 5. The Land referred to in this Commitment is described as follows: LOT 3, BLOCK 8, VAIL INTERMOUNTAIN DEVELOPMENT SUBDIVISION, ACCORDING TO THE RECORDED COLORADO. Copyright 2006-2018 American Land Title Association. All rights reserved. 3 The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All otl American Land Title Association. AMERICAN h 4_9•4_74T I1 ALTA COMMITMENT Old Republic National Title Insurance Compan; Schedule B, Part I (Requirements) Order Number: V50049689 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in th or who will make a loan on the Land. The Company may then make additional Requirements or Exceptic Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or b and recorded in the Public Records. 1. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF - SATISFIED. 2. WARRANTY DEED FROM MICHAEL G. MOORE AND YOSHIMI S. MOORE TO DAVID FORENZA CONVEY' REQUIREMENTS TO DELETE THE PRE-PRINTED EXCEPTIONS IN THE OWNER'S POLICY TO BE ISSUE' SATISFACTORY FINAL AFFIDAVIT AND AGREEMENT FROM THE SELLER AND PROPOSED INSURED, E. EXCEPTIONS WILL BE DELETED. ANY ADVERSE MATTERS DISCLOSED BY THE FINAL AFFIDAVIT AND LAND TITLE GUARANTEE CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTIONS AND R THEREWITH, EXCEPTION NO. 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED. C. UPON RECEIF TAXES AND ASSESSMENTS, EXCEPTION NO. 6 OF THE STANDARD EXCEPTIONS WILL BE AMENDED 7 YEAR 2018 AND SUBSEQUENT YEARS. ALTA COMMITMENT Old Republic National Title Insurance Compan; Schedule B, Part II (Exceptions) Order Number: V50049689 4 This commitment does not republish any covenants, condition, restriction, or limitation contained in a extent that the specific covenant, conditions, restriction, or limitation violates state or federal law base gender identity, handicap, familial status, or national origin. 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascer 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 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 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the pi date hereof but prior to the date of the proposed insured acquires of record for value the estate or inte Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority th the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or no 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 issue 8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHC INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 18, 1934, I 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STA- RECORDED APRIL 18, 1934, IN BOOK 123 AT PAGE 3. 10. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLA. SUBDIVISION, BLOCK 8, RECORDED SEPTEMBER 2, 1971 UNDER RECEPTION NO. 117228. 11. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT 0 ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARIT ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL L COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT PAGE 545. 12. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN EASEMENT DEE 504312. 13. ANY LOSS OR DAMAGE DUE TO SOME PHYSICAL FEATURES WHICH MAY NOT HAVE BEEN LOCATE[ NOTE #6 AS SHOWN ON TOPOGRAPHY ISSUED BY JD MCSNOW, LLC CERTIFIED JANUARY 15, 2014, 14. THE EFFECT ON SUBJECT PROPERTY OF POWER POLE AND OVERHEAD POWER LINES AS DISCLOX CERTIFIED JANUARY 15, 2014, JOB NO. 2014002, STORE AS ESI 35031583. 5 LAND TITLE GUARANTEE COMPANY IP" DISCLOSURE STATEMENTS Land Tile' GUARANTEE tx]MFSih'Y —.4iomre .r51,157-_ Note: Pursuant to CRS 10-11-122, notice is hereby given that: The Subject real property may be located in a special taxing district. A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in whit authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of T property). The information regarding special districts and the boundaries of such districts may be obtained from the Board of Cot County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the c 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 that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recon Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all mat whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting fro! Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal do 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 a Owner's Policy to be issued) upon compliance with the following conditions: The land described in Schedule A of this commitment must be a single family residence which includes a condominiur No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land des months. The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and mater The Company must receive payment of the appropriate premium. If there has been construction, improvements or major repairs undertaken on the property to be purchased within six r to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional reqs 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 ac 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 That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surfe 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: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or infc defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or c 6 defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be re Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a clos seller in connection with this transaction. IP" JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY OF SUMMIT Land Title' LAND TITLE INSURANCE CORPORATION A CS:ARANTFE iAMN NY 190 OLD REPUBLIC NATIONAL TITLE INSURANCE Ci This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and st priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and re 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 • 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 fro 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 informatio • We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your intrusion. • Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. • We regularly assess security standards and procedures to protect against unauthorized access to Personal Ini WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THP Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. W or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we s disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when c 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 f accordance with the rules of the American Arbitration Association, and judgment upon the award ri 41 having jurisdiction thereof. Commitment For Title Insurani Issued by Old Republic National Title Insura rPX 4 NOTICE 7 IMPORTANT—READ CAREFULLY:THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES.ALL CLAIMS OR REMEDII COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE,REPORT OF THE CONDITION OF TITLE, LEGAL OPINION,OPINION OF TITLE,OR OTHER REPRE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION,ARE PROPRIETARY TO THE COMPANY,WER CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCOR COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. . COMMITMENT TO ISSUE POLICY Subject to the Notice;Schedule B, Part I—Requirements;Schedule B, Part II—Exceptions;and the Commitment Conditions,Old Republic National Title Insurancf Policy according to the terms and provisions of this Commitment.This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy c the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been r the Company's liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 1. "Knowledge"or"Known":Actual or imputed knowledge,but not constructive notice imparted by the Public Records. 2. "Land":The land described in Schedule A and affixed improvements that by law constitute real property.The term"Land"does not include any property estate,or not easement in abutting streets,roads,avenues,alleys,lanes,ways,or waterways,but this does not modify or limit the extent that a right of 3. "Mortgage":A mortgage,deed of trust,or other security instrument,including one evidenced by electronic means authorized by law. 4. "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association,issued or to be issued by the Company pursuant tc 5. "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. 6. "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Cor 7. "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating• 8. "Title":The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy,Comitment terming 3. The Company's liability and obligation is limited by and this Commitment is not valid without: 1. the Notice; 2. the Commitment to Issue Policy; 3. the Commitment Conditions; 4. Schedule A; 5. Schedule B, Part I—Requirements;and 6. Schedule B, Part II—Exceptions;and 7. a counter-signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien,encumbrance,adverse claim,c liability of the Company is limited by Commitment Condition 5.The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY 1. The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Compar amended Commitment,resulting from the Proposed Insured's good faith reliance to: i. comply with the Schedule B, Part I—Requirements; ii. eliminate,with the Company's written consent,any Schedule B,Part II—Exceptions;or iii. acquire the Title or create the Mortgage covered by this Commitment. 2. The Company shall not be liable under Commitment Condition 5(a)if the Proposed Insured requested the amendment or had Knowledge of the matter 3. The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment Proposed Insured. 4. The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Cond 5. The Company shall not be liable for the content of the Transaction Identification Data, if any. 6. In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have I 7. In any event,the Company's liability is limited by the terms and provisions of the Policy. 8 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT 1. Only a Proposed Insured identified in Schedule A,and no other person,may make a claim under this Commitment. 2. Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. 3. Until the Policy is issued,this Commitment,as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter representations,and proposals of any kind,whether written or oral,express or implied,relating to the subject matter of this Commitment. 4. The deletion or modification of any Schedule B,Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the term: 5. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. 6. When the Policy is issued,all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies.The issuing agent is not the 8. PRO-FORMA POLICY The Company may provide,at the request of a Proposed Insured,a pro-forma policy illustrating the coverage that the Company may provide.A pro-forr delivered to a Proposed Insured,nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause.All arbitrable matters when the Proposed Policy Amount is$2,000,000 or less shall be arbitrated at the option parties.A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. IN WITNESS WHEREOF,Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date show authorized signatory. Issued by: t.� � �� Land Title Guarantee Company Y` , s% 3033 East First Avenue Suite 600 ' Denver, Colorado 80206 303-321-1880 iS President r;.; ' g 1 tiIII YLi This page is only a part of a 2016 ALTA®Commitment for Title Insurance issued by Land Title Insurance Corporation.This Commitment is not valid without the Issue Policy;the Commitment Conditions;Schedule A;Schedule B, Part I—Requirements;and Schedule B, Part II—Exceptions;and a counter-signature by the agent that may be in electronic form. Copyright 2006-2016 American Land Title Association.All rights reserved. The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are pr( license from the American Land Title Association. Eagle countyrequests Land Title Guarantee Company 0090 BENCHMARK RD #205 AVON, CO 81620 9 eaglecountyrequests@ltgc.com www.ltgc.com IP" Land TitI GUARANTEE COMPANY Sisce z4 APREVENT FRAUD— Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. These images are provided for informational purposes only.They are not guaranteed as to availability or quality. Content in this email is Copyright LT Systems,L.L.C.All rights reserved. template:commitment.html 08/2016 Jason Fish 443-248-4535 Exp Realty, Inc. 10