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HomeMy WebLinkAboutDRB18-0189_approved documents_1532032602.pdf Design ReviewBoard(DRB) Department of Community Development 75 South Frontage Road West TOWN OF VA 1 L ACTION FORM Vail,CO 81657 Tel: 970-479-2139 www.vailgov.com Project Name: Nugent Residence 2018 Application Number: DRB18-0189 Application Type: Addition Date Applied: 05/14/2018 THE HOUSE IS BEING GREATLY IMPROVED BY THE ADDITION OFA ONE- CARGARAGE ADJACENTTO THE EXISTING GARAGES. THE UNITA HOUSE WILL SEETHEADDITION OF A BEDROOM OVERTHE NEW GARAGE Project Description: FOOTPRINT. UNITA WILL SEE INTER IORIMPROVEMENTS THROUGHOUT. UNIT B WILL GETA BETTERWINDOW/DOORCONFIGURATION FROM LIVING ROOMTO DECK.S ITE IMPROVEMENTS INCLUDE: ACCESS, PARKING, DRAINAGE, LANDSCAPE, EXTERIORLIGHTING, AND,HEATED WALK, AND HEATED DRIVEWAY. CONTACTS Contact Type: Applicant Full Name: John G Martin,Architect (John Martin) Address: John G Martin,Architect PO Box 4701 Eagle, CO 81631 Phone: 9703280592 Contact Type: Property Owner Full Name: NUGENT, DALE A. & ELIZABETH A. T. Address: Phone: None Contact Type: Property Owner Full Name: NUGENT, DALE& ELIZABETH Address: 2734 STINSON BLVD MINNEAPOLIS, MN 55418-3125 Phone: None Project Address: 742 SANDY LN B (210106315011)1742 SANDY LN A (210106315010 A) (210106315010) Job Site Location: A No Legal Description: Subdivision: VAIL POTATO PATCH FILING 2 Lot: 3 Block: Data Parcel Number: 210106315010 BOARDS/STAFF ACTION Motion By: Cope Action: Approved Second By: Campbell Vote: 3-0-0 Date: 07/18/2018 Conditions: - Approval of this project shall lapse and become void one (1) year following the date of final approval, unless a building permit is issued and construction is commenced and is diligently pursued toward completion. - Design Review Board approval shall not become valid for 20 days following the date of approval, pursuant to the Vail Town Code, Chapter 12-3-3 Appeals. - No changes to these plans maybe made without the written consent of Town of Vail staffand/orthe appropriate review committee(s). - Prior to building permit submittal, the applicant shall revise the plans to wrap the column between the garage doors on three sides with the metal panels used on the deck above. Planner: Jonathan Spence Heritage P.O.Box 1980,0050 Chambers Ave.Suite I Title Company Eagle,CO 81631 AAIN7:anxaeeinnK rersnnki Phone: (970)328-5211 Fax: (866)828-9541 ('Commonwealth' DaleA.Nugent and Elizabeth A.T.Nugent 2734 Stinson Parkway Minneapolis,MN 55418 Fil eNumber: 598-H0522750-060-TP 1 Property Address: 742 Sandy Lane,Unit A,Vail,CO 81657-5031 Pol icyNumber: CO-FFAH-IMP-81306-1-18-F10522750 Dear New Property Owner: Congratulations on your real estate purchase. Enclosed is your Policy of Titl eInsurance. This policy contains important information about your real estate transaction, and it insures you against certain risks to your ownership. Please read it and retain it with your other valuable papers. A permanent record of your recorded titl e documents is accessible through our office. These records wil 1 enabl eprompt processing of future titl eorders and save valuable time should you wish to sell or obtain a loan on your property. Visit or call our office and simply give us your personal pol icyfile number when you need assistance. In the event you sell your property or borrow money from a mortgage lender you may be entitled to a discount rate if you order your titl einsurance through this company. We appreciate the opportunity of serving you and wil lbe happy to assist you in any way in regard to your future titl eservice needs. Sincerely, Heritage Titl e Company,Inc. 81306(6/06) ALTA Owner's Pol icy(6/17/06) Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and AME- 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 Land Title Association. 40 Commonwealth Land Title Insurance Company P Y POLICY NO.: CO-FFAH-IMP-81306-1-18-H0522750 OWNER'S POLICY OF TITLE INSURANCE Issued by Commonwealth Land Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS,COMMONWEALTH LAND TITLE INSURANCE COMPANY,a Florida corporation (the"Company")insures, as of Date of Pol icy and,to the extent stated in Covered Risks 9 and 10,after Date of Pol icy,against 1 oss or damage,not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Titlebeingvestedotherthanas stated in Schedule A. 2. Any defect in or 1 ien or encumbrance on the Title.This Covered Risk includes but is not limited to insurance against 1 oss from (a) A defect in the Titlecausedby (i) forgery,fraud,undue influence,duress,incompetency, incapacity,or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed,acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by 1 aw; (v) a document executed under a falsified,expired,or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law;or (vii) a defective judicial or administrative proceeding. (b) The 1 ien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) 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.The term"encroachment" includes encroachments of existing improvements located on the Land onto adjoining 1 and,and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law,ordinance,permit, or governmental regulation (including those relating to building and zoning)restricting,regulating,prohibiting,or relating to (a) the occupancy,use,or enjoyment of the Land; (b) the character,dimensions,or location of any improvement erected on the Land; 81306(6/06) ALTA Owner's Pol icy(6/17/06) Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and AME- 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 Land Title Association. Order No.: H0522750-060-TP1 Pol icyNo.: CO-FFAH-IMP-81306-1-18-H0522750 (c) the subdivision of 1 and;or (d) environmental protection if a notice,describing any part of the Land,is recorded in the Public Records setting forth the violation or intention to enforce,but onlyto the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental pol icepower not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land,is recorded in the Publ icRecords. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Titlebeingvestedotherthanas stated Schedule A or being defective (a) as a result of the avoidance in whole or in part,or from a court order providing an alternative remedy, of a transfer of al l or any part of the titl eto or any interest in the Land occurring prior to the transaction vesting Titl eas shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency,or similar creditors'rights 1 aws;or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights lawsby reason of the failure of its recording in the Publ icRecords (i) to be timely,or (ii) to impart notice of its existence to a purchaser for valueor to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Titl eor other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Publ icRecords subsequent to Date of Pol icyand prior to the recording of the deed or other instrument of transfer in the Publ icRecords that vests Titl eas shown in Schedule A. The Company wil l al so pay the costs,attorneys' fees, and expenses incurred in defense of any matter insured against by this Pol icy, but onlyto the extent provided in the Conditions. IN WITNESS WHEREOF,COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused this pol icy to be signed and sealed by its dulyauthorized officers. Commonwealth Land Title Insurance Company Countersigned: By PAL (:SEAL ►"f Quirk.President /2" JR.T.L.f,Nt F Attest By: Authorized Officer or Agent hkchael Gravelle.Secretary 81306(6/06) ALTA Owner's Pol icy(6/17/06) Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and AME- 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 Land Title Association. Order No.: H0522750-060-TP1 Pol icyNo.: CO-FFAH-IMP-81306-1-18-H0522750 EXCLUSIONS FROM COVERA GE The following matters are expressly excluded from the coverage of this pol icy,and the Company wil lnot pay 1 oss or damage,costs,attorneys'fees,or expenses that arise by reason of: 1. (a) Any 1 aw,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting,regulating,prohibiting,or relating to (i) the occupancy,use,or enjoyment of the Land; (ii) the character,dimensions or location of any improvement erected on the Land; (iii) the subdivision of 1 and;or (iv) environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations. This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental pol icepower.This Exclusion 1(b)does not modify or 1 imitthe coverage provided under Covered Risk 6. 2. Rights of eminent domain.This Exclusion does not modify or 1 imitthe coverage provided under Covered Risk 7 or 8. 3. Defects,1iens,encumbrances,adverse claims,or other matters: (a) created,suffered,assumed,or agreed to by the Insured Claimant; (b) not Known to the Company,not recorded in the Publ icRecords at Date of Pol icy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this po1 icy; (c) resulting in no 1 ossor damage to the Insured Claimant; (d) attaching or created subsequent to Date of Pol icy(however,this does not modify or 1 imitthe coverage provided under Covered Risk 9 and 10);or (e) resulting in 1 ossor damage that woul dnot have been sustained if the Insured Claimant had paid val uefor the Title. 4. Any cl aim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights 1 aws,that the transaction vesting the Title as shown in Schedule A,is (a) a fraudulent conveyance or fraudulent transfer;or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this pol icy. 5. Any 1 ien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Publ icRecords that vests Titl eas shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS instrument established by the Insured named in purchase, 1 ease, or 1 end if there is a contractual The following terms when used in this pol icy Schedule A for estate planning purposes. condition requiring the delivery of marketable title. mean: (ii) With regard to(A),(B),(C),and(D) 2. CONTINUATION OF INSURANCE (a) "Amount of Insurance": The amount reserving,however,al 1 rights and defenses as to any The coverage of this po1 icy shall continue in stated in Schedule A, as may be increased or successor that the Company woul dhave had against force as of Date of Policy in favor of an Insured,but decreased by endorsement to this pol icy,increased by any predecessor Insured. only so 1 ong as the Insured retains an estate or Section 8(b),or decreased by Sections 10 and 11 of (e) "Insured Claimant": An Insured claiming interest in the Land,or hol dsan obligation secured by these Conditions. 1 os s or damage. a purchase money Mortgage given by a purchaser (b) "Date of Policy":The date designated as (f) "Knowledge" or "Known": Actual from the Insured,or onlyso long as the Insured shall 'Date of Pol icy"in Schedule A. knowledge,not constructive knowledge or notice that have liability by reason of warranties in any transfer (c) "Entity":A corporation,partnership,trust, may be imputed to an Insured by reason of the Public or conveyance of the Title.This pol icy shall not limited liability company, or other similar legal Records or any other records that impart constructive continue in force in favor of any purchaser from the entity. notice of matters affecting the Title. Insured of either(i)an estate or interest in the Land, (d) "Insured": The Insured named in (g) "Land": The 1 and described in Schedule or (ii) an obligation secured by a purchase money Schedule A. A,and affixed improvements that by 1 aw constitute Mortgage given to the Insured. (i) The term"Insured"al soincludes real property. The term"Land"does not include any 3. NOTICE OF CLAIM TO BE GIVEN BY (A) successors to the Title of the property beyond the 1 ines of the area described in INSURED CLA IMA NT Insured by operation of 1 aw as distinguished from Schedule A, nor any right, title,interest, estate, or The Insured shal lnotify the Company promptly purchase, including heirs, devisees, survivors, easement in abutting streets, roads,avenues, alleys, in writing(i)in case of any litigation as set forth in personal representatives,or next of kin; 1 anes,ways,or waterways,but this does not modify Section 5(a) of these Conditions, (ii) in case (B) successors to an Insured by or limit the extent that a right of access to and from Knowledge shall come to an Insured hereunder of dissolution, merger, consolidation, distribution, or the Land is insured by this pot icy. any cl aim of title or interest that is adverse to the reorganization; (h) "Mortgage":Mortgage,deed of trust,trust Titl e,as insured,and that might cause l oss or damage (C) successors to an Insured by its deed, or other security instrument, including one for which the Company may be 1 iabl eby virtue of conversion to another kind of Entity; evidenced by electronic means authorized by 1 aw. this pol icy,or(iii)if the Titl e,as insured,is rejected (D) a grantee of an Insured under a (i) "Public Records": Records established as Unmarketable Title.If the Company is prejudiced deed delivered without payment of actual valuable under state statutes at Date of Policyfor the purpose by the failure of the Insured Claimant to provide consideration conveying the Title of imparting constructive notice of matters relating to prompt notice,the Company's liability to the Insured (1) if the stock, shares, real property to purchasers for value and without Claimant under the policy shall be reduced to the memberships,or other equity interests of the grantee Knowledge. With respect to Covered Risk 5(d), extent of the prejudice. are wholly-owned by the named Insured, "Public Records" shall also include environmental 4. PROOF OF LOSS (2) if the grantee wholly protection 1 iensfiled in the records of the cl erkof the In the event the Company is unable to owns the named Insured, United States District Court for the district where the determine the amount of 1 oss or damage, the (3) if the grantee is wholly- Land is located. Company may,at its option,require as a condition of owned by an affiliated Entity of the named Insured, (j) "Titl e":The estate or interest described in payment that the Insured Claimant furnish a signed provided the affiliated Entity and the named Insured Schedule A. proof of l oss.The proof of l oss must describe the are both wholly-owned by the same person or Entity, (k) "Unmarketable Titl e":Titl eaffected by an defect, 1 ien,encumbrance, or other matter insured or alleged or apparent matter that would permit a against by this pol icythat constitutes the basis of 1 oss (4) if the grantee is a trustee prospective purchaser or lessee of the Title or lender or damage and shall state,to the extent possible,the or beneficiary of a trust created by a written on the Title to be released from the obligation to basis of calculating the amount of the 1 ossor damage. 81306(6/06) ALTA Owner's Pol icy(6/17/06) Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and AME- 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 Land Title Association. Order No.: H0522750-060-TP1 Pol icyNo.: CO-FFAH-IMP-81306-1-18-H0522750 5. DEFENSE AND PROSECUTION OF maintained, including books, ledgers, checks, by the Insured Claimant who has suffered loss or ACTIONS memoranda, correspondence, reports, e-mails,disks, damage by reason of matters insured against by this (a) Upon written request by the Insured, and tapes,and videos whether bearing a date before or pol icy. subject to the options contained in Section 7 of these after Date of Pol icy,that reasonably pertain to the (a) The extent of liability of the Company for Conditions,the Company,at its own cost and without 1 oss or damage. Further, if requested by any loss or damage under this pol icy shal lnot exceed the unreasonable del ay,shall provide for the defense of authorized representative of the Company, the lesser of an Insured in litigation in which any third party Insured Claimant shall grant its permission, in (i) the Amount of Insurance;or asserts a cl aim covered by this pol icy adverse to the writing, for any authorized representative of the (ii) the difference between the value of Insured.This obligation is limited to onl ythose stated Company to examine, inspect,and copy all of these the Title as insured and the val ueof the Title subject causes of action alleging matters insured against by records in the custody or control of a third party that to the risk insured against by this pol icy. this policy.The Company shall have the right to reasonably pertain to the loss or damage. All (b) If the Company pursues its rights under sel ectcounsel of its choice(subject to the right of the information designated as confidential by the Insured Section 5 of these Conditions and is unsuccessful in Insured to object for reasonable cause)to represent Claimant provided to the Company pursuant to this establishing the Titl e,as insured, the Insured as to those stated causes of action.It shall Section shal lnot be disclosed to others unless,in the (i) the Amount of Insurance shall be not be 1 iabl efor and wil lnot pay the fees of any other reasonable judgment of the Company,it is necessary increased by 10%,and counsel.The Company will not pay any fees, costs, in the administration of the cl aim.Failure of the (ii) the Insured Claimant shal l have the or expenses incurred by the Insured in the defense of Insured Claimant to submit for examination under right to have the 1 oss or damage determined either as those causes of action that all egematters not insured oath,produce any reasonably requested information, of the date the cl aim was made by the Insured against by this pol icy. or grant permission to secure reasonably necessary Claimant or as of the date it is settled and paid. (b) The Company shall have the right, in information from third parties as required in this (c) In addition to the extent of liability under addition to the options contained in Section 7 of these subsection,unless prohibited by 1awor governmental (a)and(b),the Company will al so pay those costs, Conditions,at its own cost,to institute and prosecute regulation, shall terminate any liability of the attorneys' fees,and expenses incurred in accordance any action or proceeding or to do any other act that in Company under this pol icyas to that cl aim. with Sections 5 and 7 of these Conditions. its opinion may be necessary or desirable to establish 7. OPTIONS TO PAY OR OTHERWISE 9. LIMITA TIONOF LIABILITY the Title,as insured, or to prevent or reduce 1 oss or SETTLE CLA IMS; TERMINATION OF (a) If the Company establishes the Title,or damage to the Insured. The Company may take any LIABILITY removes the alleged defect, 1 ien or encumbrance, or appropriate action under the terms of this pol icy, In case of a cl aim under this pol icy, the cures the 1 ack of a right of access to or from the whether or not it shal 1 be 1 iabl eto the Insured. The Company shal lhave the following additional options: Land,or cures the cl aimof Unmarketable Titl e,al l as exercise of these rights shal lnot be an admission of (a) To Pay or Tender Payment of the insured, in a reasonably diligent manner by any liability or waiver of any provision of this policy.If A mountof Insurance. method, including litigation and the completion of the Company exercises its rights under this To pay or tender payment of the Amount of any appeals, it shall have fully performed its subsection,it must do so diligently. Insurance under this pol icy together with any costs, obligations with respect to that matter and shall not (c) Whenever the Company brings an action attorneys'fees,and expenses incurred by the Insured be liable for any l oss or damage caused to the or asserts a defense as required or permitted by this Claimant that were authorized by the Company up to Insured. pol icy,the Company may pursue the litigation to a the time of payment or tender of payment and that the (b) In the event of any litigation, including final determination by a court of competent Company is obligated to pay. litigation by the Company or with the Company's jurisdiction,and it expressly reserves the right,in its Upon the exercise by the Company of this consent,the Company shal lhave no liability for 1 oss sole discretion,to appeal from any adverse judgment option,all liability and obligations of the Company to or damage until there has been a final determination or order. the Insured under this pol icy,other than to make the by a court of competent jurisdiction,and disposition 6. DUTY OF INSURED CLA IMA NT TO payment required in this subsection, shall terminate, of al1appeals,adverse to the Titl e,as insured. COOPERATE including any liability or obligation to defend, (c) The Company shallnot be 1iablefor loss (a) In all cases where this pol icy permits or prosecute,or continue any litigation. or damage to the Insured for liability voluntarily requires the Company to prosecute or provide for the (b) To Pay or Otherwise Settle With assumed by the Insured in settling any claim or suit defense of any action or proceeding and any appeals, Parties Other Than the Insured or With the without the prior written consent of the Company. the Insured shall secure to the Company the right to Insured Claimant. 10. REDUCTION OF INSURANCE; so prosecute or provide defense in the action or (i) To pay or otherwise settle with other REDUCTION OR TERMINATION OF proceeding, including the right to use,at its option, parties for or in the name of an Insured Claimant any LIABILITY the name of the Insured for this purpose.Whenever cl aim insured against under this pol icy.In addition, All payments under this pol icy, except requested by the Company, the Insured, at the the Company wil 1pay any costs,attorneys'fees,and payments made for costs, attorneys' fees, and Company's expense, shall give the Company all expenses incurred by the Insured Claimant that were expenses,shall reduce the Amount of Insurance by reasonable aid (i) in securing evidence, obtaining authorized by the Company up to the time of the amount of the payment. witnesses, prosecuting or defending the action or payment and that the Company is obligated to pay;or 11. LIA BILITYNONCUMULATIVE proceeding, or effecting settlement, and(ii) in any (ii) To pay or otherwise settle with the The Amount of Insurance shallbe reduced by other lawful act that in the opinion of the Company Insured Claimant the loss or damage provided for any amount the Company pays under any pol icy may be necessary or desirable to establish the Titl eor under this pol icy,together with any costs,attorneys' insuring a Mortgage to which exception is taken in any other matter as insured. If the Company is fees,and expenses incurred by the Insured Claimant Schedule B or to which the Insured has agreed, prejudiced by the failure of the Insured to furnish the that were authorized by the Company up to the time assumed,or taken subject,or which is executed by an required cooperation, the Company's obligations to of payment and that the Company is obligated to pay. Insured after Date of Pol icyand which is a charge or the Insured under the pol icy shall terminate, Upon the exercise by the Company of either of 1 ien on the Title,and the amount so paid shall be including any liability or obligation to defend, the options provided for in subsections(b)(i)or(ii), deemed a payment to the Insured under this pol icy. prosecute, or continue any litigation, with regard to the Company's obligations to the Insured under this 12. PAYMENTOF LOSS the matter or matters requiring such cooperation. pol icy for the claimed 1 oss or damage,other than the When liability and the extent of 1 oss or damage (b) The Company may reasonably require the payments required to be made, shall terminate, have been definitely fixed in accordance with these Insured Claimant to submit to examination under including any liability or obligation to defend, Conditions, the payment shall be made within 30 oath by any authorized representative of the prosecute,or continue any litigation. days. Company and to produce for examination,inspection, 8. DETERMINATION A ND EXTENT OF 13. RIGHTS OF RECOVERY UPON and copying,at such reasonable times and pl aces as LIABILITY PA YMENTOR SETTLEMENT may be designated by the authorized representative of This pol icy is a contract of indemnity against (a) Whenever the Company shal lhave settled the Company, all records, in whatever medium actual monetary loss or damage sustained or incurred and paid a claim under this policy, it shall be 81306(6/06) ALTA Owner's Pol icy(6/17/06) Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and AME- 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 Land Title Association. Order No.: H0522750-060-TP1 Pol icyNo.: CO-FFAH-IMP-81306-1-18-H0522750 subrogated and entitled to the rights of the Insured provision, or to any other controversy or claim 16. SEVERABILITY Claimant in the Title and all other rights and arising out of the transaction giving rise to this In the event any provision of this pol icy,in remedies in respect to the claim that the Insured policy.All arbitrable matters when the Amount of whole or in part, is held invalid or unenforceable Claimant has against any person or property, to the Insurance is$2,000,000 or less shall be arbitrated at under applicable law,the pol icy shal lbe deemed not extent of the amount of any loss,costs,attorneys' the option of either the Company or the Insured. All to include that provision or such part held to be fees,and expenses paid by the Company.If requested arbitrable matters when the Amount of Insurance is invalid, but all other provisions shal 1 remain in full by the Company,the Insured Claimant shall execute in excess of$2,000,000 shal lbe arbitrated onl ywhen force and effect. documents to evidence the transfer to the Company agreed to by both the Company and the Insured. 17. CHOICE OF LA W;FORUM of these rights and remedies. The Insured Claimant Arbitration pursuant to this policy and under the (a) Choice of Law: The Insured shall permit the Company to sue, compromise, or Rules shall be binding upon the parties. Judgment acknowledges the Company has underwritten the settle in the name of the Insured Claimant and to use upon the award rendered by the Arbitrator(s)may be risks covered by this pol icy and determined the the name of the Insured Claimant in any transaction entered in any court of competent jurisdiction. premium charged therefor in reliance upon the 1 aw or litigation involving these rights and remedies. 15. LIABILITY LIMITED TO THIS POLICY; affecting interests in real property and applicable to If a payment on account of a cl aim does not POLICY ENTIRE CONTRA CT the interpretation,rights,remedies,or enforcement of fully cover the loss of the Insured Claimant, the (a) This policy together with all policies of title insurance of the jurisdiction where Company shall defer the exercise of its right to endorsements, if any,attached to it by the Company the Land is located. recover until after the Insured Claimant shall have is the entire pol icy and contract between the Insured Therefore,the court or an arbitrator shal lappl y recovered its 1 oss. and the Company. In interpreting any provision of the law of the jurisdiction where the Land is located (b) The Company's right of subrogation this pol icy,this pol icyshal lbe construed as a whole. to determine the validity of claims against the Titl e includes the rights of the Insured to indemnities, (b) Any claim of loss or damage that arises that are adverse to the Insured and to interpret and guaranties, other policies of insurance, or bonds, out of the status of the Titl eor by any action asserting enforce the terms of this policy.In neither case shal notwithstanding any terms or conditions contained in such cl aimshal lbe restricted to this pol icy. the court or arbitrator apply its conflicts of 1 aw those instruments that address subrogation rights. (c) Any amendment of or endorsement to this principles to determine the applicable 1 aw. 14. ARBITRATION policy must be in writing and authenticated by an (b) Choice of Forum:Any litigation or other Either the Company or the Insured may demand authorized person, or expressly incorporated by proceeding brought by the Insured against the that the cl aim or controversy shall be submitted to Schedule A of this pol icy. Company must be filed only in a state or federal arbitration pursuant to the Titl elnsurance Arbitration (d) Each endorsement to this pol icy issued at court within the United States of America or its Rules of the American Land Title Association any time is made a part of this pol icyand is subject to territories having appropriate jurisdiction. ("Rules"). Except as provided in the Rules,there all of its terms and provisions. Except as the 18. NOTICES,WHERE SENT shall be no joinder or consolidation with claims or endorsement expressly states,it does not(i)modify Any notice of claim and any other notice or controversies of other persons. Arbitrable matters any of the terms and provisions of the policy,(ii) statement in writing required to be given to the may include,but are not limited to,any controversy modify any prior endorsement, (iii)extend the Date Company under this pol icy must be given to the or cl aim between the Company and the Insured of Pol icy,or(iv)increase the Amount of Insurance. Company at Commonwealth Land Title Insurance arising out of or relating to this pol icy,any service in Company,Attn:Claims Department,Post Office Box connection with its issuance or the breach of a pol icy 45023,Jacksonville,Florida 32232-5023. 81306(6/06) ALTA Owner's Pol icy(6/17/06) Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and AME- 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 Land Title Association. Order No.: H0522750-060-TP1 Pol icyNo.: CO-FFAH-IMP-81306-1-18-H0522750 NOTICE CONCERNING FRAUDULENT INSURANCE ACTS (This Notice is Permanently Affixed Hereto) 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. C.R.S.A.§ 10-1-128(6)(a). 81306A(6/06) ALTA Owner'sPolicy(6/17/06) Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and AMERICAN ALTA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American I AND TTI F Land Title Association. o`IA`IoN Order No.: H0522750-060-TP1 Pol icyNo.: CO-FFAH-IMP-81306-1-18-H0522750 Commonwealth Land Title Insurance Company SCHEDULE A Name and Address of Titl elnsurance Company: Heritage Title Company,Inc. P.O.Box 1980,0050 Chambers Ave.Suite I Eagle,CO 81631 PolicyNo.: CO-FFAH-IMP-81306-1-18-H0522750 Order No.: H0522750-060-TPI Address Reference: 742 Sandy Lane,Unit A,Vail,CO 81657-5031 Amount of Insurance: $1,200,000.00 Date of Policy: February 13,2018 at 02:25:27 PM 1. Name of Insured: Dal eA.Nugent and Elizabeth A.T.Nugent 2. The estate or interest in the Land that is insured by this pol icyis: A Fee Simpl e 3. Titl eis vested in: Dal eA.Nugent and Elizabeth A.T.Nugent 4. The Land referred to in this pol icy is described as follows: See Exhibit A attached hereto and made a part hereof. 81306A(6/06) ALTA Owner's Pol icy(6/17/06) Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and AMERICAN 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 Land Title Association. Order No.: H0522750-060-TP1 Pol icyNo.: CO-FFAH-IMP-81306-1-18-H0522750 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED A S FOLLOWS: Unit A,Lot 3,Vail/Potato Patch Second Filing Condominiums, according to the Condominium Map recorded March 4, 1980 in Book 299 at Page 597 and as defined and described in the Condominium Declaration recorded March 4, 1980 in Book 299 at Page 596, County of Eagle,State of Colorado. 81306A(6/06) ALTA Owner's Pol icy(6/17/06) Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and AMERICAN 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 Land Title Association. Order No.: H0522750-060-TP1 Pol icyNo.: CO-FFAH-IMP-81306-1-18-H0522750 SCHEDULE B EXCEPTIONS FROM COVERA GE This pol icy does not insure against loss or damage, and the Company will not pay costs,attorneys' fees, or expenses that arise by reason of: 1. Water rights, claims of titl eto water,whether or not shown by the Publ icRecords. 2. Al ltaxes and assessments for the year 2017 and subsequent years,first half paid,second half not yet delinquent. 3. Reservations including a right of way for ditches or canals constructed by the authority of the United States and right of a proprietor of a vein or 1 odeto extract and remove his ore should the same be found to penetrate or intersect the premises as reserved in United States Patent recorded May 2, 1904 in Book 48 at Page 503 and as reserved in United States Patent recorded July 13, 1939 in Book 123 at Page 617. 4. Terms,conditions,provisions, agreements and obligations contained in the Document recorded March 5, 1974 in Book 233 at Page 628 and Amendment recorded September 24, 1975 in Book 241 at Page 950. 5. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any,including but not limited to those based upon race,col or,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 document recorded March4, 1980 in Book 299 at Page 596, and any and allamendments or supplements thereto. 6. Terms,conditions,provisions, agreements and obligations contained in the Pl atof Vail/Potato Patch, Fil ingNo.2 recorded February 18, 1977 in Book 252 at Page 689. 7. Terms,conditions,restrictions,provisions, notes and easements but omitting any covenants or restrictions, if any,including but not limited to those based upon race,col or,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 l aws,except to the extent that said covenant or restriction is permitted by applicable law,as set forth on the Plat(s)of said subdivision set forth below: Recording Date: March 4, 1980 Recording No: PlatBook V Page 83 81306B(6/06) ALTA Owner's Pol icy(6/17/06) Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and AMERICAN 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 Land Title Association. Date:January 23, 2014 DALE NUGENT AND ELIZABETH NUGENT 2734 STINSON PARKWAY MINNEAPOLIS, MN 55418 Subject: Attached Title Policy V50034227 for 742 SANDY LANE AKA UNIT B LOT 3 VAIL POTATO PATCH FLG 2 VAIL CO 81657 Enclosed please find the Owner's Title Insurance Policy for your purchase of the property listed above. This title policy is the final step in your real estate transaction, and we want to take a moment to remind you of its importance. Please review all information in this document carefully and be sure to safeguard this policy along with your other legal documents. Your owner's policy insures you as long as you own the property and requires no additional premium payments. Please feel free to contact any member of our staff if you have questions or concerns regarding your policy, or you may contact the Final Policy Department directly at 970-476-2251. As a Colorado-owned and operated title company for over 45 years, with offices throughout the state,we take pride in serving our customers one transaction at a time. We sincerely appreciate your business and welcome the opportunity to assist you with any future real estate needs. Not only will Land Title be able to provide you with the title services quickly and professionally, but you may also be entitled to a discount on title premiums if you sell or refinance the property described in the enclosed policy. Thank you for giving us the opportunity to work with you on this transaction.We look forward to serving you again in the future. Sincerely, Land Title Guarantee Company LTG Policy No. TAAH50034227 Form AO/FA Land Title Guarantee Company Representing First American Title Insurance Company Our Order No. V50034227 ScheduleA Amount $1,062,500.00 Property Address: 742 SANDY LANE AKA UNIT B LOT 3 VAIL POTATO PATCH FLG 2 VAIL CO 81657 1. Policy Date: October 04, 2012 at 5:00 P.M. 2. Name of Insured: DALE NUGENT AND ELIZABETH NUGENT 3. The estate or interest in the Land described or referred to in this Schedule and which is covered by this policy is: A Fee Simple 4. Title to the estate or interest covered by this policy at the date hereof is vested in: DALE NUGENT AND ELIZABETH NUGENT 5. The land referred to in this policy is described as follows: UNIT B, LOT 3, VAIL/POTATO PATCH SECOND FILING CONDOMINIUMS ACCORDING TO THE CONDOMINIUM MAP RECORDED MARCH 4, 1980 IN BOOK 299 AT PAGE 597 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION RECORDED MARCH 4, 1980 IN BOOK 299 AT PAGE 596, COUNTY OF EAGLE, STATE OF COLORADO. This Policy valid only if Schedule B is attached. Copyright 2006-2013 American Land Title Association.All rights reserved. - AMERICAN The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. LAND TITLE ASSOCIATION All other uses are prohibited.Reprinted under license from the American Land Title Association. LTG Policy No. TAAH50034227 Form AO/FA Our Order No. V50034227 Schedule B This policy does not insure against loss or damage(and the Company will not pay costs,attorneys' fees or expenses) which arise by reason of: General Exceptions: This policy does not insure against loss or damage by reason of the following: 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 of that may asserted by persons in possession of the Land. 2. Easements,liens or encumbrances,or claims thereof,not shown by the Public Records. 3. Discrepancies,conflicts in boundary lines, shortage in area, encroachments,and any facts which a correct survey and 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 heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5 (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,whether or not the matters excepted under(a), (b), or (c)are shown by the Public Records. 6. 2012 TAXES AND ASSESSMENTS NOT YET DUE OR PAYABLE. 7. 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 MAY 02, 1904, IN BOOK 48 AT PAGE 503 AND IN UNITED STATES PATENT RECORDED JULY 15, 1939, IN BOOK 123 AT PAGE 617. 8. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 02, 1904, IN BOOK 48, AT PAGE 503 AND RECORDED JULY 15, 1939, IN BOOK 123 AT PAGE 617. 9. 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 MARCH 05, 1974, IN BOOK 233 AT PAGE 628 AND AS AMENDED IN INSTRUMENT RECORDED SEPTEMBER 24, 1975 IN BOOK 241 AT PAGE 950. LTG Policy No. TAAH50034227 Form AO/FA Our Order No. V50034227 Schedule B 10. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF VAIL/POTATO PATCH SECOND FILING FEBRUARY 18, 1977 UNDER RECEPTION NO. 148982. 11. EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS, RESERVATIONS, ENCROACHMENTS AND NOTES AS SHOWN ON THE CONDOMINIUM MAP OF LOT 3, VAIL/POTATO PATCH SECOND FILING CONDOMINIUMS RECORDED MARCH 4, 1980 UNDER RECEPTION NO. 195987. 12. THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS AND RESTRICTIONS, WHICH ARE A BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A, 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 MARCH 04, 1980, UNDER RECEPTION NO. 195986. ITEM NOS. 1 THROUGH 3 OF THE GENERAL EXCEPTIONS ARE HEREBY DELETED. ITEM NO. 4 OF THE GENERAL EXCEPTIONS IS DELETED AS TO ANY LIENS FUTURE LIENS RESULTING FROM WORK OR MATERIAL CONTRACTED FOR OR FURNISHED AT THE REQUEST OF MOLLY QUINN AVERY AND STEPHEN F. AVERY. FIRST AMERICAN TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF DALE NUGENT AND ELIZABETH NUGENT. UTILITY APPROVAL&VERIFICATION This form serves to verify that the proposed improvements will not impact any existing or proposed utility services, and also to verify service availability and location for new construction and should be used in conjunction with preparing your utility plan and scheduling installations. A site plan, including grading plan,floor plan, and elevations, shall be submitted to the following utilities for approval and verification. PLEASE ALLOW UP TO 2 WEEKS FOR APPROVAL OR COM- MENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe please contact The Town of Vail. Subject Property Address: 742 Sandy Lane #B, Vail Lot3 Block Subdivision: Potato Patch 2 Primary Contact I Owner Representative: John G Martin, Architect Phone: 970-328-0592 Plans Dated: 1-20-14 Primary Contact/Owner Representative Signature Authorized Signature Comments Date CENTURY LINK '± )S 1-h-C, 0r)Sj bi)!12/ 970.328.8288(tel) Y.., 970.328.8282(fax) - 4 of f J P - '-'a s / 1 Contacts: Barb Davis 1Pp h o' Lr2o /t /n C 1/( barb.davis(c�centurylink.com W 1zfh iS 'Pro 2CJ1 XCEL HIGH PRESSURE GAS 970.406.1784(tel) 970.468.1401 (fax) Contact: Remington Baker remington.c.baker cni xcelenergy.com HOLY CROSS ENERGY 970.947.5425(tel) 970.945.4081 (fax) Contact:Jeff Vroom jvroom( holycross.com XCEL Energy 970.262.4039(tel) 970.262.4038(fax) Contacts: Pam McGuire Pamela.mcquire(cr�xcelenergv.com EAGLE RIVER WATER&SANITATION DISTRICT 970.477.5449(tel) 970.845.7218(fax) Contact:Tug Birk tbirkerwsd.orq COMCAST CABLE 970.930.4713(tel) 303.603.1004(fax) Contact: Michael Johnson Michael loh nson(a�cable.comcast.com CDOT(Only in CDOT Right-of-way) 970.683.6284(tel) Contact: Dan Roussin Daniel.roussindot.state.co.us NOTES: 1. Utility locations must be obtained before digging. 2. A Revocable Right-of-Way Permit may be required for any improvements within a street right-of-way. Contact the Public Works Department for verification 970.479.2198. 3. It is the responsibility of the utility company and the applicant to resolve problems identified above. 4. The Primary Contact/Owner Representative is required to submit any revised drawings to the above agencies for re-approval & re-verification if the submitted plans are altered in any way after the authorized signature date. UTILITY APPROVAL&VERIFICATION This form serves to verify that the proposed improvements will not impact any existing or proposed utility services, and also to verify service availability and location for new construction and should be used in conjunction with preparing your utility plan and scheduling installations. A site plan, including grading plan, floor plan,and elevations,shall be submitted to the following utilities for approval and verification. PLEASE ALLOW UP TO 2 WEEKS FOR APPROVAL OR COM- MENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe please contact The Town of Vail. Subject Property Address: 742 Sandy Lane #B, Vail Lot3 Block Subdivision: Potato Patch 2 Primary Contact/Owner Representative: John G Martin, Architect Phone: 970-328-0592 Plans Dated: 1-20-14 Primary Contact/Owner Representative Signature Authorized Signature Comments Date CENTURY LINK 970.328.8288(tel) 970.328.8282(fax) Contacts: Barb Davis barb.davis@centurylink.com XCEL HIGH PRESSURE GAS 970.406.1784(tel) (49 970.468.1401 (fax) / Contact: Remington Baker remington.c.baker(a,xcelenerciv.com HOLY CROSS ENERGY 970.947.5425(tel) 970.945.4081 (fax) Contact:Jeff Vroom jvroom@holycross.com XCEL Energy 970.262.4039(tel) 970.262.4038(fax) Contacts: Pam McGuire pamela.mcquire(@,xcelenergv.com EAGLE RIVER WATER&SANITATION DISTRICT 970.477.5449(tel) 970.845.7218(fax) Contact:Tug Birk tbirk(@,erwsd.org . COMCAST CABLE 970.930.4713(tel) 303.603.1004(fax) Contact: Michael Johnson Michael johnsonncable.comcast.com CDOT(Only in CDOT Right-of-way) 970.683.6284(tel) Contact: Dan Roussin Daniel.roussin@dot.state.co.us NOTES: 1. Utility locations must be obtained before digging. 2. A Revocable Right-of-Way Permit may be required for any improvements within a street right-of-way. Contact the Public Works Department for verification 970.479.2198. 3. It is the responsibility of the utility company and the applicant to resolve problems identified above. 4. The Primary Contact/Owner Representative is required to submit any revised drawings to the above agencies for re-approval &re-verification if the submitted plans are altered in any way after the authorized signature date. UTILITY APPROVAL &VERIFICATION This form serves to verify that the proposed improvements will not impact any existing or proposed utility services, and also to verify service availability and location for new construction and should be used in conjunction with preparing your utility plan and scheduling installations. A site plan, including grading plan, floor plan, and elevations, shall be submitted to the following utilities for approval and verification. PLEASE ALLOW UP TO 2 WEEKS FOR APPROVAL OR COM- MENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe please contact The Town of Vail. Subject Property Address: 742 Sandy Lane #B, Vail Lot3 Block Subdivision: Potato Patch 2 Primary Contact/Owner Representative: John G Martin, Architect Phone: 970-328-0592 Plans Dated: 1-20-14 Primary Contact/Owner Representative Signature Authorized Signature Comments Date CENTURY LINK 970.328.8288(tel) 970.328.8282 (fax) Contacts: Barb Davis barb.davis@centurylink.com XCEL HIGH PRESSURE GAS 970.406.1784(tel) 970.468.1401 (fax) Contact: Remington Baker remington.c.baker@xcelenergy.com HOLY CROSS ENERGY Date: 970.947.5425(tel) ��fr 2014.01.27 970.945.4081 (fax) Contact: Jeff Vroom 08:34:31 jvroom@holycross.com 07'00' XCEL Energy 970.262.4039(tel) 970.262.4038(fax) Contacts: Pam McGuire pamela.mcquire@xcelenergy.com EAGLE RIVER WATER&SANITATION DISTRICT 970.477.5449(tel) 970.845.7218(fax) Contact:Tug Birk tbirk@erwsd.orq COMCAST CABLE 970.930.4713(tel) 303.603.1004 (fax) Contact: Michael Johnson Michael johnsoncable.comcast.com CDOT(Only in CDOT Right-of-way) 970.683.6284(tel) Contact: Dan Roussin Daniel.roussin@dot.state.co.us NOTES: 1. Utility locations must be obtained before digging. 2. A Revocable Right-of-Way Permit may be required for any improvements within a street right-of-way. Contact the Public Works Department for verification 970.479.2198. 3. It is the responsibility of the utility company and the applicant to resolve problems identified above. 4. The Primary Contact/Owner Representative is required to submit any revised drawings to the above agencies for re-approval & re-verification if the submitted plans are altered in any way after the authorized signature date. UTILITY APPROVAL&VERIFICATION This form serves to verify that the proposed improvements will not impact any existing or proposed utility services,and also to verify service availability and location for new construction and should be used in conjunction with preparing your utility plan and scheduling installations. A site plan, including grading plan,floor plan,and elevations,shall be submitted to the following utilities for approval and verification. PLEASE ALLOW UP TO 2 WEEKS FOR APPROVAL OR COM- MENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe please contact The Town of Vail. Subject Property Address: 742 Sandy Lane#B, Vail _Lot3 Block Subdivision: Potato Patch 2 Primary Contact/Owner Representative: John G Martin, Architect Phone: 970-328-0592 Plans Dated: 1-20-14 Primary Contact/Owner Representative Signature Authorized Signature Comments Date CENTURY LINK 970.328.8288(tel) 970.328.8282(fax) Contacts:Barb Davis barb.davis@centylink.com XCEL HIGH PRESSURE GAS 970.406.1784(tel) 970.468.1401 (fax) Contact:Remington Baker remington.c.baker(Jxcelenerny.com HOLY CROSS ENERGY 970.947.5425(tel) 970.945.4081 (fax) Contact:Jeff Vroom Qi/[ t d j vroomCc�h�cross.com XCEL Energy 970.262.4039(tel) ) (MPai ///0 / 970.262.4038(fax) (-Pada) -6;� -fa&= '1 Contacts:Pam McGuire pamela.mcquire a(7.xcelenergy.com �� EAGLE RIVER WATER&SANITATION DISTRICT � � tin& cid 970.477.5449(tel) 970.845.7218(fax) • [ Q �( { Contact:Tug Birk / + tbirkgerwsd.org I (mum/ue COMCAST CABLE /rn �,,r� m]' 1 970.930.4713(tel) EA-alwe. M., Contact: h(fax) i""` d toe t Contact:Michael Johnson Michael mna .c .com CDOT(Only in CDOT Right-of-way) Ctal, Q� 970.683.6284(tel) > 'i . Contact:Dan Roussin frOL, i/ A� - Daniel.roussinclot.state.co.us NOTES: 1. Utility locations must be obtained before digging. 2. A Revocable Right-of-Way Permit may be required for any improvements within a street right-of-way. Contact the Public Works Department for verification 970.479.2198. 3. It is the responsibility of the utility company and the applicant to resolve problems identified above. 4. The Primary Contact/Owner Representative is required to submit any revised drawings to the above agencies for re-approval &re-verification if the submitted plans are altered in any way after the authorized signature date. UTILITY APPROVAL&VERIFICATION This form serves to verify that the proposed improvements will not impact any existing or proposed utility services, and also to verify service availability and location for new construction and should be used in conjunction with preparing your utility plan and scheduling installations. A site plan, including grading plan,floor plan,and elevations, shall be submitted to the following utilities for approval and verification. PLEASE ALLOW UP TO 2 WEEKS FOR APPROVAL OR COM- MENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe please contact The Town of Vail. Subject Property Address: 742 Sandy Lane#B, Vail Lot3 Block Subdivision: Potato Patch 2 Primary Contact/Owner Representative: John G Martin, Architect Phone: 970-328-0592 Plans Dated: 1-20-14 Primary Contact/Owner Representative Signature Authorized Signature Comments Date CENTURY LINK 970.328.8288(tel) 970.328.8282(fax) Contacts:Barb Davis barb.davis aacenturvlink.com XCEL HIGH PRESSURE GAS 970.406.1784(tel) 970.468.1401 (fax) Contact:Remington Baker remington.c.baker(axcelenergv.com HOLY CROSS ENERGY 970.947.5425(tel) 970.945.4081 (fax) Contact:Jeff Vroom jvroom c holvcross.com XCEL Energy 970.262.4039(tel) 970.262.4038(fax) Contacts:Pam McGuire pamela.mcqu irea.xcelenergv.com EAGLE RIVER WATER&SANITATION DISTRICT MUNE 970.477.5449(tel) 970.845.7218(fax) j 1 I22I Contact:Tug Birk IIII tbirk(a.erwsd.orq COMCAST CABLE 970.930.4713(tel) 303.603.1004(fax) Contact:Michael Johnson Michael iohnsonCa�cable.comcast.com CDOT(Only in CDOT Right-of-way) 970.683.6284(tel) Contact:Dan Roussin Daniel.roussinadot.state.co.us NOTES: 1. Utility locations must be obtained before digging. 2. A Revocable Right-of-Way Permit may be required for any improvements within a street right-of-way. Contact the Public Works Department for verification 970.479.2198. 3. It is the responsibility of the utility company and the applicant to resolve problems identified above. 4. The Primary Contact/Owner Representative is required to submit any revised drawings to the above agencies for re-approval &re-verification if the submitted plans are altered in any way after the authorized signature date. UTILITY APPROVAL &VERIFICATION This form serves to verify that the proposed improvements will not impact any existing or proposed utility services, and also to verify service availability and location for new construction and should be used in conjunction with preparing your utility plan and scheduling installations. A site plan, including grading plan, floor plan, and elevations, shall be submitted to the following utilities for approval and verification. PLEASE ALLOW UP TO 2 WEEKS FOR APPROVAL OR COM- MENTS FROM THE UTILITY COMPANIES. If you are unable to obtain comments within that timeframe please contact The Town of Vail. Subject Property Address: 742 Sandy Lane #B, Vail Lot3 Block Subdivision: Potato Patch 2 Primary Contact/Owner Representative: John G Martin, Architect Phone: 970-328-0592 Plans Dated: 1-20-14 Primary Contact/Owner Representative Signature Authorized Signature Comments Date CENTURY LINK 970.328.8288(tel) 970.328.8282 (fax) Contacts: Barb Davis barb.davis@centurylink.com XCEL HIGH PRESSURE GAS 970.406.1784(tel) 970.468.1401 (fax) Contact: Remington Baker remington.c.baker@xcelenergy.com HOLY CROSS ENERGY 970.947.5425(tel) 970.945.4081 (fax) Contact: Jeff Vroom jvroom@holycross.com XCEL Energy 970.262.4039(tel) 970.262.4038(fax) Contacts: Pam McGuire pamela.mcquire@xcelenergy.com EAGLE RIVER WATER&SANITATION DISTRICT 970.477.5449(tel) 970.845.7218(fax) Contact:Tug Birk tbirk@erwsd.org COMCAST CABLE 970.930.4713(tel) NlichaeG Johnson 1-21-14 303.603.1004 (fax) Contact: Michael Johnson Michaeljohnson@cable.comcast.com CDOT(Only in CDOT Right-of-way) 970.683.6284(tel) Contact: Dan Roussin Daniel.roussin@dot.state.co.us NOTES: 1. Utility locations must be obtained before digging. 2. A Revocable Right-of-Way Permit may be required for any improvements within a street right-of-way. Contact the Public Works Department for verification 970.479.2198. 3. It is the responsibility of the utility company and the applicant to resolve problems identified above. 4. The Primary Contact/Owner Representative is required to submit any revised drawings to the above agencies for re-approval & re-verification if the submitted plans are altered in any way after the authorized signature date. John Martin From: Roussin- CDOT,Daniel <daniel.roussin@state.co.us> Sent: Tuesday,January 21, 2014 11:55AM To: John Martin Subject: Re:Vail Utility Sign-Off Sheet John- CDOT will not sign the approval and verification sheet because this doesn't have any do with the CDOT right of way. Thanks for checking with us. thanks Dan Roussin Region 3 Permit Unit Manager State of Colorado,Colorado Department of Transportation 222 South 6th Street,Room 100, Grand Junction, CO 81501 office: 970.683.6284 'fax: 970.683.6290 email:daniel.roussin@state.co.us On Tue, Jan 21, 2014 at 10:49 AM, John Martin<john@martinmanleyarchitects.com>wrote: To whom it may concern. Please accept the Town of Vail Approval& Verification sheet for signature and comments. Attached is the DRB submittal in PDF format. This is a garage addition to an old existing house on Sandy Drive in the Potato Patch neighborhood in Vail. In addition to the one-car garage addition w/roof deck is an under-garage storage space and a 3/4 bath powder room. The powder room(toilet,sink,shower)connects easily to existing plumbing and waste lines inside the house. Please sign the sheet,add comments if necessary and date. You can return the sheet to me in two ways: 1. Scan to PDF and return via email to: john@martinmanleyarchitects.com 1 Fr( Heritage P.O.Box 1980,0050 Chambers Ave.Suite I Title Company Eagle,CO 81631 renal Phone: (970)328-5211 Fax: (866)828-9541 Commonwealth DATE: January 24,2018 FILE NUMBER: 598-H0522750-060-TP1,Amendment No.2 PROPERTY ADDRESS: 742 Sandy Lane,Unit A,Vail,CO 81657-5031 BUYER/BORROWER: Dal eA.Nugent and Elizabeth A.T.Nugent OWNER(S): Betty Guffey YOUR REFERENCE NUMBER: ASSESSOR PARCEL NUMBER: 210106315010 R009457 PLEASE TAKE NOTE OF THE FOLLOWING REVISED TERMS CONTAINED HEREIN: Deleted loan information Click to view Tax Certificate WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. FOR WIRING INSTRUCTIONS,PLEASE CONTACT YOUR ESCROW OFFICE AS NOTED ON THE TRANSMITTAL PAGE OF THIS COMMITMENT. TO: Heritage Title Company,Inc. ATTN: Tracie Portice P.O.Box 1980 PHONE: (970)328-5211 0050 Chambers Ave.Suite! FAX: (866)828-9541 Eagle,CO 81631 E-MAIL: tportice@heritagetco.com TO: Dale A.Nugent ATTN: PHONE: FAX: E-MAIL: Delivered via email TO: Elizabeth A.T.Nugent ATTN: PHONE: FAX: E-MAIL: Delivered via email TO: Betty Guffey ATTN: PHONE: FAX: E-MAIL: Delivered via email TO: International Property Specialists ATTN: Betty Guffey 742 A Sandy Ln. PHONE: (970)479-0295 Vail,CO 81657 FAX: (970)476-6717 E-MAIL: betguff@gmail.com TO: Heritage Title Company ATTN: Eagle Title Department PO Box 1980 PHONE: (970)328-5211 0050 Chambers Avenue FAX: (970)328-5252 E gle,CO 81631 E-MAIL: co-htc-eagletitle@heritagetco.com TO: Eagle Escrow ATTN: Tracie Portice P.O.Box 1980 PHONE: (970)328-5211 0050 Chambers Ave.Suite I FAX: (866)828-9541 Eagle,CO 81631 E-MAIL: tportice@heritagetco.com Commitment Transmittal (Continued) END OF TRANSMITTAL 01/24/2018 9:28 AM Commitment No.: 598-H0522750-060-TP1,Amendment No.2 Commonwealth Land Title Insurance Company COMMITMENT SCHEDULE A Commitment No: 598-H0522750-060-TP1,Amendment No.2 1. Effective Date: January 19, 2018 at 7:00 A.M. 2. Policy or policies to be issued: Proposed Insured Policy Amount (a)ALTA Owners Policy 6-17-06 $1,200,000.00 DaleA.Nugent and Elizabeth A. T.Nugent (b)None 3. The estate or interest in the land described or referred to in this Commitment is: A Fee Simple 4. Title to the estate or interest in the land is at the Effective Date vested in: Betty Guffey 5. The land referred to in this Commitment is described as follows: See Attached Legal Description (for informational purposes only) 742 Sandy Lane,Unit A,Vail,CO 81657-5031 PREMIUMS: ALTA Owners Policy 6-17-06 2,790.00 Extended Coverage 65.00 Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and AMERICAN 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 Land Title Association. 01/24/20189:28 AM Commitment No.: 598-H0522750-060-TP1,Amendment No.2 Attached Legal Description Unit A,Lot 3, Vail/Potato Patch Second Fil ingCondominiums, according to the Condominium Map recorded March 4, 1980 in Book 299 at Page 597 and as defined and described in the Condominium Declaration recorded March4, 1980 in Book 299 at Page 596, County of Eagle,State of Colorado. Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and AMERICAN 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 Land Title Association. 01/24/20189:28 AM Commitment No.: 598-H0522750-060-TP1,Amendment No.2 SCHEDULE B—Section 1 Requirements The following requirements must be met: a. Pay the agreed amounts for the interest in the 1 andand/or for the mortgage to be insured. b. Pay us the premiums, fees and charges for the pol icy. c. Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent. d. Evidence that any and all assessments for common expenses,if any,have been paid. e. The Company willrequire that an Affidavit and Indemnity Agreement be completed by the party(s) named bel owbefore the issuance of any pol icy of titl einsurance. Party(s): Betty Guffey The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit. f. Deed sufficient to convey the fee simpl e estate or interest in the Land described or referred to herein, to the Proposed Insured Purchaser. g. Intentionally deleted h. Furnish for recordation a full release of deed of trust: Amount: $200,000.00 Trustor/Grantor: Betty Guffey Trustee: Publ ic Trustee of Eagl e County Beneficiary: National City Mortgage Co dba Commonwealth United Mortgage Company Recording Date: January 2,2003 Recording No: 818984 i. Furnish for recordation a full release of deed of trust: Amount: $150,000.00 Trustor/Grantor: Betty Guffey Trustee: Publ ic Trustee of Eagl e County Beneficiary: FirstBank of Vail Recording Date: January 17, 2008 Recording No: 200801177 The Deed of Trust set forth above is purported to be a"Credit Line"Deed of Trust. It is a requirement that the Trustor/Grantor of said Deed of Trust provide written authorization to close said credit line account to the Lender when the Deed of Trust is being paid off through the Company or other Settlement/Escrow Agent. j. Payment of the Town of Vail Real Estate Transfer Tax. Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and AMERICAN 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 Land Title Association. 01/24/2018 9:28 AM Commitment No.: 598-H0522750-060-TP1,Amendment No.2 Note:Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution,manufacture or sale of marijuana,the Company is not able to close or insure any transaction involving Land that is associated with these activities. END OF REQUIREMENTS Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and AMERICAN 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 Land Title Association. 01/24/20189:28 AM Commitment No.: 598-H0522750-060-TP1,Amendment No.2 SCHEDULE B—Section 2 Exceptions Any policy we issue will have the following exceptions unless they are tak encare of to our satisfaction: 1. Any facts, rights, interests or cl aimsthat are not shown by the Publ icRecords but which coul dbe ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements,liensor encumbrances, or claimsthereof,not shown by the Publ icRecords. 3. Any encroachments, encumbrances,violation,variation, or adverse circumstance affecting the Titl ethat wouldbe disclosed by an accurate and complete land survey of the Land and not shown by Public Records. 4. Any lienor right to a lien,for services, laboror material heretofore or hereafter furnished, imposed by 1 aw and not shown by the Publ icRecords. 5. Defects, liens,encumbrances, adverse claimsor 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 valuethe estate or interest or mortgage thereon covered by this Commitment. 6. Water rights, cl aimsof titl eto water,whether or not these matters are shown by the PublicRecords. 7. Al ltaxes and assessments,now or heretofore assessed, due or payable. NOTE: This tax exception wil lbe amended at pol icy upon satisfaction and evidence of payment of taxes. 8. Reservations including a right of way for ditches or canals constructed by the authority of the United States and right of a proprietor of a vein or lode to extract and remove his ore shoul dthe same be found to penetrate or intersect the premises as reserved in United States Patent recorded May 2, 1904 in Book 48 at Page 503 and as reserved in United States Patent recorded July 13, 1939 in Book 123 at Page 617. 9. Terms,conditions, provisions, agreements and obligations contained in the Document recorded March 5, 1974 in Book 233 at Page 628 and Amendment recorded September 24, 1975 in Book 241 at Page 950. 10. 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 1 aws, except to the extent that said covenant or restriction is permitted by applicable law,as set forth in the document recorded March 4, 1980 in Book 299 at Page 596,and any and al l amendments or supplements thereto. 11. Terms, conditions, provisions, agreements and obligations contained in the P1 at of Vail/Potato Patch, Fil ingNo.2 recorded February 18, 1977 in Book 252 at Page 689. Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and AMERICAN 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 Land Title Association. 01/24/20189:28 AM Commitment No.: 598-H0522750-060-TP1,Amendment No.2 12. Terms, conditions, restrictions, provisions, notes and easements 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 1 aws,except to the extent that said covenant or restriction is permitted by applicable 1 aw,as set forth on the PI at(s)of said subdivision set forth below: Recording Date: March4, 1980 Recording No: P1atBook V Page 83 END OF EXCEPTIONS Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and AMERICAN 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 Land Title Association. 01/24/20189:28 AM Commitment No.: 598-H0522750-060-TP1,Amendment No.2 AFFIDAVIT AND INDEMNITY AGREEMENT TO Heritage Title Company,Inc.a Colorado Corporation and Commonwealth Land Titl elnsurance Company,a Nebraska Corporation. 1. This is written evidence to you that there are no unpaid bill s,and to the extent there may be unpaid bill s,that the undersigned undertakes and agrees to cause the same to be paid such that there shal lbe no mechanics or materialmen's liens affecting the property for materials or 1 abor furnished for construction and erection,repairs or improvements contracted by or on behalf of the undersigned on property: legally described as: See Attached Affidavit and Indemnity Agreement Legal Description Property Address: 742 Sandy Lane,Unit A,Vail,CO 81657-5031 2. We further represent that to the actual knowledge and belief of the undersigned there are no public improvements affecting the property prior to the date of closing that would give rise to a special property tax assessment against the property after the date of closing. 3. We further represent that to the actual knowledge and belief of the undersigned there are no pending proceedings or unsatisfied judgments of record,in any Court,State,or Federal,nor any tax 1 iens filed or taxes assessed against us which may result in 1 iens,and that if there are judgments,bankruptcies,probate proceedings, state or federal tax liens of record against parties with same or similar names,that they are not against us. 4. We further represent that there are no unrecorded contracts, leases,easements, or other agreements or interests relating to said premises of which we have knowledge. 5. We further represent that to the actual knowledge and belief of the undersigned we are in sole possession of the real property described herein other than leasehold estates reflected as recorded items under the subject commitment for titl einsurance. 6. We further represent that there are no unpaid charges and assessments that could result in a lien in favor of any association of homeowners which are provided for in any document referred to in Schedule B of Commitment referenced above. 7. We further understand that any payoff figures shown on the settlement statement have been supplied to Heritage Title Company,Inc. as settlement agent by the seller's/borrower's lender and are subject to confirmation upon tender of the payoff to the lender. If the payoff figures are inaccurate,we hereby agree to immediately pay any shortage(s)that may exist.If applicable as disclosed or referred to on Schedule A of Commitment referenced above. The undersigned affiant(s) know the matters herein stated are true and indemnifies Heritage Title Company,Inc., a Colorado Corporation and Commonwealth LandTitlelnsurance Company,a Nebraska Corporation against 1oss,costs,damages and expenses of every kind incurred by it by reason of its reliance on the statements made herein. This agreement is executed with and forms a part of the sal eand/or fmancing of the above described premises,and is given in addition to the conveyance and/or financing of the premises in consideration for the conveyance and/or fmancing, and forms a complete agreement by itself for any action thereon. SELLER: SELLER: Betty Guffey SELLER: SELLER: State of Colorado }ss: County of Eagle The foregoing instrument was acknowledged,subscribed,and sworn to before me on by Betty Guffey. (SEAL) Notary Public My Commission Expires: 01/24/20189:28 AM Commitment No.: 598-H0522750-060-TP1,Amendment No.2 ATTACHED AFFIDAVIT AND INDEMNITY AGREEMENT LEGAL DESCRIPTION Unit A,Lot 3,Vail/Potato Patch Second Fil ingCondominiums,according to the Condominium Map recorded March 4, 1980 in Book 299 at Page 597 and as defined and described in the Condominium Declaration recorded March 4, 1980 in Book 299 at Page 596, County of Eagl e,State of Colorado. 01/24/20189:28 AM Commitment No.: 598-H0522750-060-TP1,Amendment No.2 CommonwealthTM LAND TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE Issued by Heritage Title Company,Inc. AS AGENT FOR Commonwealth Land Title Insurance Company Commonwealth Land Titl eInsurance Company, a Nebraska corporation("Company"), for a valuable consideration, commits to issue its policy or pol iciesof titl einsurance, as identified in Schedul eA,in favor of the Proposed Insured named in Schedule A,as owner or mortgagee of the estate or interest in the 1 anddescribed 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 shal lbe effective onlywhen the identity of the Proposed Insured and the amount of the pol icy or pol iciescommitted for have been inserted in Schedule A by the Company. Al!liability and obligation under this Commitment shal lcease and terminate 6 months after the Effective Date or when the policy or policiescommitted for shallissue,whichever first occurs,provided that the failure to issue the policy or pol iciesis not fault of the Company. The Company willprovide a sampl eof the pol icy form upon request. IN WITNESS WHEREOF,Commonwealth Land Titlelnsurance Company has caused its corporate name and seal to be affixed by its dulyauthorized officers on the date shown in Schedule A. Commonwealth Land Title Insurance Company By: Authorized Signature Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and AMERICAN 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 Land Title Association. 01/24/20189:28 AM Commitment No.: 598-H0522750-060-TP1,Amendment No.2 CONDITIONS 1. The term mortgage,when used herein, shallinclude 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 cl aim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shal lfail to disci osesuch knowledge to the Company in writing, the Company shal lbe relieved from liability for any 1 oss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disci osesuch knowledge. If the proposed insured shal ldiscl osesuch 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 shal lnot relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shal lbe onlyto the named proposed insured and such parties included under the definition of Insured in the form of pol icy or pol iciescommitted for and only for actual loss incurred in reliance hereon in undertaking in good faith(a)to complywith 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 shal lsuch liability exceed the amount stated in Schedule A for the pol iciesor pol iciescommitted for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of poi icy or pol iciescommitted 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 moretitleinsurance policiesand 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 titl eto 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 pol icyto be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is$2,000,000 or 1 ess shal lbe 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 rul esat http://www.alta.org. Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and AMERICAN 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 Land Title Association. 01/24/20189:28 AM Commitment No.: 598-H0522750-060-TP1,Amendment No.2 DISCLOSURE STATEMENT • Pursuant to Section 38-35-125 of Colorado Revised Statutes and Colorado Division of Insurance Regulation 8-1-2 (Section 5), if the parties to the subject transaction request us to provide escrow-settlement and disbursement services to facilitate the cl osingof the transaction, then all funds submitted for disbursement must be available for immediate withdrawal. • Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph H, requires that "Every title insurance company shallbe 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 Heritage Title Company, Inc. 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 Titl ePol icy and Lender's Titl ePol icywhen issued. • Colorado Division of Insurance Regulation 8-1-2,Paragraph M of Section 5, requires that prospective insured(s)of a singl efamily residence be notified in writing that the standard exception from coverage for unfiled Mechanics or Materialmans Liens may or may not be deleted upon the satisfaction of the requirement(s) pertinent to the transaction. These requirements wil l be addressed upon receipt of a written request to provide said coverage, or if the Purchase and Sale Agreement/Contract is provided to the Company then the necessary requirements will be reflected on the commitment. • Colorado Division of Insurance Regulation 8-1-3, Paragraph C. 11.f. of Section 5 - requires a title insurance company to make the following notice to the consumer: "A closing protection letter is available to be issued to lenders,buyers and sellers." • 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 shal lbe 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, requires that a notation of the purchasers 1 egal 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,the Company is required to discl osethe following information: o The subject property maybe located in a special taxing district. o A Certificate of Taxes Due listing each taxing jurisdiction shal lbe 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 Clerkand 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 discl osethe following information: that there is recorded evidence that a mineral estate has been severed, l eased,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. Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and AMERICAN 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 Land Title Association. 01/24/20189:28 AM Commitment No.: 598-H0522750-060-TP1,Amendment No.2 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 clausemay be different from those set forth in this Commitment. If the pol icy does contain an arbitration cl ause,and the Amount of Insurance is less than the amount, if any,set forth in the arbitration cl ause,allarbitrable matters shallbe 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 AMERICAN 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 Land Title Association. WIR E SAFE.N Inquire before you wire! Wire Fraud Alert This Notice is not intended to provide 1 egalor professional advice.If you have any questions,pl easeconsult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simplyrelied on the wire instructions received via email,without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known,trusted phone number prior to sending funds. In addition,the following non-exclusive self-protection strategies are recommended to minimize exposure to possibl ewire fraud. • NEVER RELY on email spurporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. • ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have call edbefore or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. • USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case,numbers, and symbols.Make your passwords greater than eight(8) characters. Also,change your password often and do NOT reuse the same password for other onl ineaccounts. • USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire-fraud scams or to report an incident,pl easerefer to the following 1 inks: Federal Bureau of Investigation: Internet Crime Complaint Center: http://www.fbigov http://www.ic3.gov Wire Fraud Alert Page 1 Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 WIRE0016(DSI Rev.12/07/17) TM and©Fidelity National Financial,Inc.and/or an affiliate.All rights reserved FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE At Fidelity National Financial,Inc.,we respect and bel ieveit is important to protect the privacy of consumers and our customers.This Privacy Notice explains how we coil ect,use,and protect any information that we colt ectfrom you,when and to whom we discl osesuch information,and the choices you have about the use of that information.A summary of the Privacy Notice is bel ow,and we encourage you to review the entirety of the Privacy Notice following this summary.You can opt-out of certain disclosures by following our opt-out procedure set forth at the end of this Privacy Notice. Types of Information Collected.You may provide us with certain How Information is Collected.We may col l ectpersonal information personal information about you,l ikeyour contact information,address from you via applications,forms,and correspondence we receive from demographic information,social security number(SSN),driver's license, you and others related to our transactions with you.When you visit our passport,other government ID numbers and/or fmancial information.We websites from your computer or mobil edevice,we automatically col 1 ect may al soreceive browsing information from your Internet browser, and store certain information available to us through your Internet computer and/or mobil edevice if you visit or use our websites or browser or computer equipment to optimize your website experience. applications. Use of Collected Information.We request and use your personal When Information Is Disclosed.We may discl oseyour information to information to provide products and services to you,to improve our our affiliates and/or nonaffiliated parties providing services for you or products and services,and to communicate with you about these us,to 1 awenforcement agencies or governmental authorities,as required products and services.We may al soshare your contact information with by law,and to parties whose interest in titl emustbe determined. our affiliates for marketing purposes. Choices With Your Information.Your decision to submit information Information From Children.We do not knowingly col 1 ectinformation to us is entirely up to you.You can opt-out of certain disclosure or use of from children who are under the age of 13,and our website is not your information or choose to not provide any personal information to intended to attract children. us. Privacy Outside the Website.We are not responsible for the privacy International Users.By providing us with your information,you practices of third parties,even if our website 1 inksto those parties' consent to its transfer,processing and storage outside of your country of websites. residence,as wel las the fact that we wil lhandle such information consistent with this Privacy Notice. The California Online Privacy Protection Act.Some FNF companies provide services to mortgage loan servicers and,in some cases,their websites col l ectinformation on behalf of mortgage 1 oanservicers.The mortgage 1 oan servicer is responsible for taking action or making changes to any consumer information submitted through thosewebsites. Your Consent To This Privacy Notice.By submitting information to us Access and Correction;Contact Us.If you desire to contact us or by using our website,you are accepting and agreeing to the terms of regarding this notice or your information,pl easecontact us at this Privacy Notice. privacy@fnf.com or as directed at the end of this Privacy Notice. FNF Privacy Statement(Eff.5/1/2015)Last Updated March 1,2017 Copyright©2017.Fidelity National Financial,Inc.Al1Rights Reserved MISCO219(DSI Rev.3/2/17) Page 1 Order No.H0522750-060-TP 1-PK FIDELITY NATIONAL FINANCIAL,INC. PRIVACY NOTICE Fidelity National Financial,Inc.and its majority-owned subsidiary companies providing titl einsurance,real estate-and loan-related services (collectively,"FNF","our"or"we")respect and are committed to protecting your privacy.We wil ltake reasonable steps to ensure that your Personal Information and Browsing Information wil lonlybe used in compliance with this Privacy Notice and applicable 1 aws.This Privacy Notice is onl yin effect for Personal Information and Browsing Information collected and/or owned by or on behalf of FNF,including Personal Information and Browsing Information collected through any FNF website,onl ineservice or application(collectively,the"Website"). Types of Information Collected We may col 1 ecttwo types of information from you:Personal Information and Browsing Information. Personal Information.FNF may col l ectthe following categories of Personal Information: • contact information(e.g.,name,address,phone number,email address); • demographic information(e.g.,date of birth,gender,marital status); • social security number(SSN),driver's license,passport,and other government ID numbers; • financial account information;and • other personal information needed from you to provide titl einsurance,real estate-and loan-related services to you. Browsing Information.FNF may col l ectthe following categories of Browsing Information: • Internet Protocol(or IP)address or device ID/UDID,protocol and sequence information; • browser language and type; • domain name system requests; • browsing history,such as time spent at a domain,time and date of your visit and number of clicks; • http headers,application cl ientand server banners;and • operating system and fingerprinting data. How Information is Collected In the course of our business,we may col l ectPersonal Information about you from the following sources: • applications or other forms we receive from you or your authorized representative; • the correspondence you and others send to us; • information we receive through the Website; • information about your transactions with,or services performed by,us,our affiliates or nonaffiliated third parties;and • information from consumer or other reporting agencies and publ icrecords maintained by governmental entities that we obtain directly from those entities,our affiliates or others. If you visit or use our Website,we may col l ectBrowsing Information from you as follows: • Browser Log Files.Our servers automatically log each visitor to the Website and col 1 ectand record certain browsing information about each visitor.The Browsing Information includes generic information and reveals nothing personal about the user. • Cookies.When you visit our Website,a"cookie"may be sent to your computer.A cookie is a smal 1piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive.When you visit a website again,the cookie allow Ate website to recognize your computer.Cookies may store user preferences and other information.You can choose whether or not to accept cookies by changing your Internet browser settings,which may impair or 1 imitsome functionality of the Website. Use of Collected Information Information collected by FNF is used for three main purposes: • To provide products and services to you or any affiliate or third party who is obtaining services on your behalf or in connection with a transaction involving you. • To improve our products and services. • To communicate with you and to inform you about our,our affiliates'and third parties'products and services,jointlyor independently. When Information Is Disclosed We may provide your Personal Information(excluding information we receive from consumer or other credit reporting agencies)and Browsing Information to various individuals and companies,as permitted by 1 aw,without obtaining your prior authorization.Such laws do not allow consumers to restrict these disclosures.Pl easesee the section"Choices With Your Personal Information"to 1 earnhow to 1 imitthe discretionary disclosure of your Personal Information and Browsing Information. Disclosures of your Personal Information may be made to the following categories of affiliates and nonaffiliated third parties: • to third parties to provide you with services you have requested, and to enableus to detect or prevent criminal activity, fraud, material misrepresentation,or nondisclosure; • to our affiliate financial service providers for their use to market their products or services to you; • to nonaffiliated third party service providers who provide or perform services on our behalf and use the disclosed information only in connection with such services; • to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to market financial products or services to you; • to law enforcement or other governmental authority in connection with an investigation,or civil or criminal subpoena or court order; • to lenders,lien holders,judgment creditors,or other parties claiming an interest in titl ewhose cl aimor interest must be determined,settled, paid,or released prior to cl osing;and • other third parties for whom you have given us written authorization to discl oseyour Personal Information. We may discl osePersonal Information and/or Browsing Information when required by 1 awor in the good-faith belief that FNF Privacy Statement(Eff.5/1/2015)Last Updated March 1,2017 Copyright©2017.Fidelity National Financial,Inc.Al1Rights Reserved MISCO219(DSI Rev.3/2/17) Page 2 Order No.H0522750-060-TP 1-PK such disclosure is necessary to: • compl ywith a 1 egalprocess or applicable 1 aws; • enforce this Privacy Notice; • investigate or respond to cl aimsthat any material,document,image,graphic,logo,design,audio,video or any other information provided by you violates the rights of a third party;or • protect the rights,property or personal safety of FNF,its users or the public. We maintain reasonable safeguards to keep your Personal Information secure.When we provide Personal Information to our affiliates or third party service providers as discussed in this Privacy Notice,we expect that these parties process such information in compliance with our Privacy Notice or in a manner that is in compliance with applicable privacy 1 aws.The use of your information by a business partner may be subject to that party's own Privacy Notice.Unl esspermitted by 1 aw,we do not discl oseinformation we col 1 ectfrom consumer or credit reporting agencies with our affiliates or others without your consent. We reserve the right to transfer your Personal Information,Browsing Information,and any other information,in connection with the sal eor other disposition of all or part of the FNF business and/or assets,or in the event of our bankruptcy,reorganization,insolvency,receivership or an assignment for the benefit of creditors.You expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings.We cannot and wil lnot be responsible for any breach of security by a third party or for any actions of any third party that receives any of the information that is disclosed to us. Choices With Your Information Whether you submit Personal Information or Browsing Information to FNF is entirely up to you.If you decide not to submit Personal Information or Browsing Information,FNF may not be abl eto provide certain services or products to you.The uses of your Personal Information and/or Browsing Information that,by 1 aw,you cannot 1 imit,include: • for our everyday business purposes—to process your transactions,maintain your account(s),to respond to 1 aw • enforcement or other governmental authority in connection with an investigation,or civil or criminal subpoenas or court • orders,or report to credit bureaus; • for our own marketing purposes; • for joint marketing with financial companies;and • for our affiliates'everyday business purposes—information about your transactions and experiences. You may choose to prevent FNF from disclosing or using your Personal Information and/or Browsing Information under the following circumstances ("opt-out"): • for our affiliates'everyday business purposes—information about your creditworthiness;and • for our affiliates to market to you. To the extent permitted above,you may opt-out of disclosure or use of your Personal Information and Browsing Information by notifying us by one of the methods at the end of this Privacy Notice.We do not share your personal information with non-affiliates for their direct marketing purposes. For California Residents:We wil lnot share your Personal Information and Browsing Information with nonaffiliated third parties,except as permitted by California 1 aw.Currently,our pol icyis that we do not recognize"do not track"requests from Internet browsers and similar devices. For Nevada Residents:You may be pl acedon our internal Do Not Cal 1List by calling(888)934-3354 or by contacting us via the information set forth at the end of this Privacy Notice.Nevada law requires that we al soprovide you with the following contact information:Bureau of Consumer Protection,Office of the Nevada Attorney General,555 E.Washington St.,Suite 3900,Las Vegas,NV 89101;Phone number:(702)486-3132; email:BCPINF0@ag.state.nv.us. For Oregon Residents:We wil lnot share your Personal Information and Browsing Information with nonaffiliated third parties for marketing purposes,except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents:We wil lnot share your Personal Information and Browsing Information with nonaffiliated third parties,except as permitted by Vermont law,such as to process your transactions or to maintain your account.In addition,we wil lnot share information about your creditworthiness with our affiliates except with your authorization.For joint marketing in Vermont,we wil 1onl ydiscl oseyour name,contact information and information about your transactions. Information From Children The Web site is meant for adults and is not intended or designed to attract children under the age of thirteen(13).We do not col 1 ectPersonal Information from any person that we know to be under the age of thirteen(13)without permission from a parent or guardian.By using the Website, you affirm that you are over the age of 13 and wil labide by the terms of this Privacy Notice. Privacy Outside the Website The Website may contain 1 inksto otherwebsites.FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. International Users FNF's headquarters is located within the United States.If you reside outside the United States or are a citizen of the European Union,pl easenote that we may transfer your Personal Information and/or Browsing Information outside of your country of residence or the European Union for any of the purposes described in this Privacy Notice.By providing FNF with your Personal Information and/or Browsing Information,you consent to our collection and transfer of such information in accordance with this Privacy Notice. The California Online Privacy Protection Act FNF Privacy Statement(Eff.5/1/2015)Last Updated March 1,2017 Copyright©2017.Fidelity National Financial,Inc.Al1Rights Reserved MISCO219(DSI Rev.3/2/17) Page 3 Order No.H0522750-060-TP 1-PK For some FNF websites,such as the Customer CareNet("CCN"),FNF is acting as a third party service provider to a mortgage loanservicer.In those instances, we may coil ectcertain information on behalf of that mortgage loan servicer via the website.The information which we may col l ecton behalf of the mortgage loan servicer is as follows: • first and 1 astname; • property address; • user name and password; • 1 oannumber; • social security number-masked upon entry; • email address; • three security questions and answers;and • IP address. The information you submit through the website is then transferred to your mortgage loan servicer by way of CCN.The mortgage loan servicer is responsible for tak ingaction or mak ingchanges to any consumer information submitted through this website.For example,if you believe that your payment or user information is incorrect,you must contact your mortgage loan servicer. CCN does not share consumer information with third parties,other than(1)those with which the mortgage loan servicer has contracted to interface with the CCN application,or(2)1 awenforcement or other governmental authority in connection with an investigation,or civil or criminal subpoenas or court orders. All sections of this Privacy Notice apply to your interaction with CCN, except for the sections titled "Choices with Your Information"and"Access and Correction."If you have questions regarding the choices you have with regard to your personal information or how to access or correct your personal information,you shoul dcontact your mortgage loanservicer. Your Consent To This Privacy Notice By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information by us in compliance with this Privacy Notice.Amendments to the Privacy Notice wil lbe posted on the Website.Each time you provide information to us,or we receive information about you,following any amendment of this Privacy Notice willsignify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you submit to us in any manner that we may choose without notice or compensation to you. Accessing and Correcting Information;Contact Us If you have questions,woul dl iketo access or correct your Personal Information,or want to opt-out of information sharing with our affiliates for their marketing purposes,pl eases end your requests to privacy@fnf.com or by mail or phone to: Fidelity National Financial,Inc. 601 Riverside Avenue Jacksonville,Florida 32204 Attn:Chief Privacy Officer (888)934-3354 FNF Privacy Statement(Eff.5/1/2015)Last Updated March 1,2017 Copyright©2017.Fidelity National Financial,Inc.Al1Rights Reserved MISCO219(DSI Rev.3/2/17) Page 4 Order No.H0522750-060-TP 1-PK