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Date: March 19, 2013
File Number: 01330-22430
Buyer: To Be Determined
Seller: Dp Investment Group LLC
Property: 5305 S County Road 9, Fort Collins, CO 80528
Please direct all Title inquiries to:
Bonnie Stotz
Phone: (970) 226-4399
Email Address: bonnie.stotz@stewart.com
We Appreciate Your Business and Look Forward to Serving You in the Future.
ALTA Commitment (6/17/06)
ALTA Commitment Form
COMMITMENT FOR TITLE INSURANCE
Issued by
STEWART TITLE GUARANTY COMPANY
STEWART TITLE GUARANTY COMPANY, a Texas Corporation (“Company”), for a valuable consideration, commits to issue
its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as
owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums
and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions
of this Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies
committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the
policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not
the fault of the Company.
The Company will provide a sample of the policy form upon request.
This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly
authorized officers on the date shown in Schedule A.
Countersigned by:
Stewart Title
97 Main Street, Suite W201
Edwards, CO 81632
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 01330-22430
004-UN ALTA Commitment (6/17/06)
CONDITIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other
matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved
from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced
by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if
the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other
matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall
not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties
included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in
reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions
shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this
Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies
committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage
of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by
reference and are made a part of this Commitment except as expressly modified herein.
4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of
the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against
the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered
by this Commitment must be based on and are subject to the provisions of this Commitment.
5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is
$2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties. You may review a copy of the arbitration rules at< http://www.alta.org/>.
All notices required to be given the Company and any statement in writing required to be furnished the Company shall be
addressed to it at P.O. Box 2029, Houston, Texas 77252.
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 01330-22430
004-UN ALTA Commitment (6/17/06)
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
File No.: 01330-22430
1. Effective Date: March 12, 2013 at 8:00 A.M.
2. Policy or Policies to be issued: Amount of Insurance
(a) A.L.T.A. Owner's Policy
Proposed Insured:
To Be Determined
(b) A.L.T.A. Loan Policy
Proposed Insured:
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
4. Title to the said estate or interest in said land is at the effective date hereof vested in:
DP Investment Group, LLC, a Colorado limited liability company
Vesting Deed recorded November 23, 2009 as Reception No. 20090078070.
5. The land referred to in this Commitment is described as follows:
See Attached Legal Description
Purported Address:
5305 S County Road 9
Fort Collins, CO 80528
STATEMENT OF CHARGES
These charges are due and payable
before a policy can be issued
Informational Commitment: $450.00
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 01330-22430
CO STG ALTA Commitment Sch A STO
Page 1 of 2 STEWART TITLE
GUARANTY COMPANY
SCHEDULE A
LEGAL DESCRIPTION
Considering the East line of the SE1/4 of Section 5, Township 6 North, Range 68 West of the 6th P.M. as bearing North
and with all bearings herein relative thereto:
Beginning at a point, which bears North 711.03 feet from the Southeast corner of said section;
Thence North 707.17 feet;
Thence N88°30'W 259.00 feet;
Thence South 669.52 feet;
Thence S86°24'20"E 27.42 feet;
Thence S79°33'E 235.45 feet to the point of beginning.
County of Larimer, State of Colorado.
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 01330-22430
CO STG ALTA Commitment Sch A STO
Page 2 of 2 STEWART TITLE
GUARANTY COMPANY
File No.: 01330-22430
The following are the requirements to be complied with:
1.
2.
Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or
interest to be insured.
Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for
record.
3. NONE
NOTE: This product is for informational purposes only. It is not a title insurance product and does not provide any
form of coverage. This product is not a guarantee or assurance and does not warrant, or otherwise insure any
condition, fact or circumstance. This product does not obligate this Company to issue any policies of title
insurance for any subsequent transaction based on the information provided or involving the property described
herein. This Company's sole liability for any error(s) relating to this product is limited to the amount that was paid
for this product.
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
PART I
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 01330-22430
CO STG ALTA Commitment Sch B I
Page 1 of 1 STEWART TITLE
GUARANTY COMPANY
File No.: 01330-22430
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same
are disposed of to the satisfaction of the Company:
1.
2.
3.
4.
5.
6.
7.
Rights or claims of parties in possession, not shown by the public records.
Easements, or claims of easements, not shown by the public records.
Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that
would be disclosed by an accurate and complete land survey of the Land and not shown by the public
records.
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.
Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the Effective Date but prior to the date the proposed Insured
acquires for value of record the estate or interest or mortgage thereon covered by this Commitment.
(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and
that may be produced from the Land, together with all rights, privileges, and immunities relating thereto,
whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in
Schedule B.
Water rights, claims or title to water.
8.
9.
10.
11.
Any and all unpaid taxes and assessments and any unredeemed tax sales.
Notice recorded January 20, 1994 at Reception No. 94006699 and re- recorded February 14, 1994 as Reception
No. 94014183.
Notice of Continuation of Reimbursement Agreement recorded March 1, 2011 as Reception No. 20110013450.
Deed of Dedication for Drainage Easement recorded July 24, 2000 as Reception No. 2000049498.
Deed of Dedication for County Road No. 9 Right-of-Way recorded July 24, 2000 as Reception No. 2000049499.
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
PART II
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 01330-22430
CO STG ALTA Commitment Sch B II STO
Page 1 of 1 STEWART TITLE
GUARANTY COMPANY
DISCLOSURES
File No.: 01330-22430
Pursuant to C.R.S. 10-11-122, notice is hereby given that:
A.
B.
C.
THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT;
A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE
COUNTY TREASURER OR THE COUNTY TREASURER’S AUTHORIZED AGENT;
INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE
OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR
THE COUNTY ASSESSOR
Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) requires that “Every title entity shall be
responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the
closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed.”
Provided that Stewart Title conducts the closing of the insured transaction and is responsible for recording the legal
documents from the transaction, exception number 5 will not appear on the Owner’s Title Policy and the Lender’s Title
Policy when issued.
Note: Affirmative Mechanic’s Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of
Schedule B, Section 2 of the Commitment from the Owner’s Policy to be issued) upon compliance with the following
conditions:
A.
B.
C.
D.
E.
The land described in Schedule A of this commitment must be a single-family residence, which includes a
condominium or townhouse unit.
No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land
described in Schedule A of this Commitment within the past 6 months.
The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic’s and
Materialmen’s Liens.
The Company must receive payment of the appropriate premium.
If there has been construction, improvements or major repairs undertaken on the property to be purchased, within
six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will
include: disclosure of certain construction information; financial information as to the seller, the builder and/or the
contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the
company; and, any additional requirements as may be necessary after an examination of the aforesaid information
by the Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure:
a.
b.
That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the
surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and
That such mineral estate may include the right to enter and use the property without the surface owner’s
permission.
NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN
INCLUDES AN EXCEPTION FOR SEVERED MINERALS.
NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE
COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED.
File No.: 01330-22430
CO Commitment Disclosure
STG Privacy Notice 1 (Rev 01/26/09) Stewart Title Companies
WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION?
Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable
state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice
carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title
Guaranty Company and its affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA).
The types of personal information we collect and share depend on the product or service that you have sought through us. This
information can include social security numbers and driver's license number.
All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday
business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share
customers' personal information; the reasons that we choose to share; and whether you can limit this sharing.
Reasons we can share your personal information Do we share? Can you limit this sharing?
For our everyday business purposes— to process your transactions and
maintain your account. This may include running the business and managing
customer accounts, such as processing transactions, mailing, and auditing services,
and responding to court orders and legal investigations.
Yes No
For our marketing purposes— to offer our products and services to you. Yes No
For joint marketing with other financial companies No We don't share
For our affiliates' everyday business purposes— information about your
transactions and experiences. Affiliates are companies related by common
ownership or control. They can be financial and non-financial companies. Our
affiliates may include companies with a Stewart name; financial companies,
such as Stewart Title Company
Yes No
For our affiliates' everyday business purposes— information about your
creditworthiness.
No We don't share
For our affiliates to market to you Yes No
For non-affiliates to market to you. Non-affiliates are companies not related by
common ownership or control. They can be financial and non-financial companies.
No We don't share
We may disclose your personal information to our affiliates or to non-affiliates as permitted by law. If you request a transaction with a
non-affiliate, such as a third party insurance company, we will disclose your personal information to that non-affiliate. [We do not
control their subsequent use of information, and suggest you refer to their privacy notices.]
_____________________________________________________________________________________________________________________________________________________________
Sharing practices
How often do the Stewart Title Companies
notify me about their practices?
We must notify you about our sharing practices when you request a transaction.
How do the Stewart Title Companies
protect my personal information?
To protect your personal information from unauthorized access and use, we use
security measures that comply with federal and state law. These measures
include computer, file, and building safeguards.
How do the Stewart Title Companies
collect my personal information?
We collect your personal information, for example, when you
request insurance-related services
provide such information to us
We also collect your personal information from others, such as the real estate
agent or lender involved in your transaction, credit reporting agencies, affiliates
or other companies.
What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in
certain instances, we do not share your personal information in those instances.
Contact Us If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty
Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056
File No.: 01330-22430 Page 1 of 1