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HomeMy WebLinkAboutELITE INFUSED (5724 S. COLLEGE AVE.) - BASIC DEVELOPMENT REVIEW - BDR180013 - SUBMITTAL DOCUMENTS - ROUND 2 - REDLINED PLANS AND REPORTS (5)THANK YOU FOR YOUR RECENT TITLE INSURANCE ORDER Order: 40541/CRSD FHA#: ENCLOSED: Commitment Tax Certificate Plat Map Please Deliver to Customer Checked Below: Resident Realty 7791 Highland Meadows Pkwy #B Windsor, CO 80528 Attn: Brad Williamson 970-282-8585/FAX 970-797-1121 bwilliamson@residentrealty.com Diane M. Reiser 408 Wood Drive Fort Collins, CO 80521 Attn:Diane Reiser 970-420-8725 dianemreiser@gmail.com Stephen G. Thomas metal-worx@hotmail.com Gary D. Young and Jonell Young Revocable Trust 5747 NICKLAUS DR FORT COLLINS, CO 80528 CLOSING CONTACT Julie A. Dale Julie A. Dale Closing Services, LLC 1905 W. 8th Street, Suite 100 Loveland, CO 80537 Phone: (970) 672-7879 Fax: (970) 797-1771 jdale.atgf@gmail.com Property Address: 5724 South College Avenue, Fort Collins, Colorado 80525 Buyer/Borrower: Stephen G. Thomas The above is a list of clients to whom the attached documentation was delivered. If you have any questions concerning the title commitment, please contact: TITLE CONTACT - MICHELLE CAPRA DIRECT 720-590-4136 michellecapra@janewaylaw.com Office 303-706-9990 Fax 303-706-9994 Lynn M. Janeway 9800 S. Meridian Blvd., Suite 400 Englewood, Colorado 80112 Phone: 303-706-9990 Fax: (303) 706-9994 WIRE INSTRUCTIONS - Escrow Account BANK: HOME STATE BANK 2695 W. Eisenhower Blvd. Fort Collins, CO 80537 ABA: 107004776 (ROUTING #) ACCT: JULIE A. DALE CLOSING SERVICES, LLC ESCROW ACCOUNT 1378252 *** PLEASE REFERENCE THE PROPERTY ADDRESS: 5724 South College Avenue, Fort Collins, Colorado 80525 Lynn M. Janeway 9800 S. Meridian Blvd., Suite 400 Englewood, Colorado 80112 Phone: 303-706-9990 Fax: (303) 706-9994 Issued By Lynn M. Janeway ( Member's Name) 9800 S. Meridian Blvd., Suite 400, Englewood Colorado 80112 (Address) 303-706-9990 (Telephone) ALTA Commitment Form (6/17/2006) COMMITMENT FOR TITLE INSURANCE Issued by Attorneys Title Guaranty Fund, Inc. Attorneys Title Guaranty Fund, Inc., a Colorado corporation (the "Company"), for 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 the 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. IN WITNESS WHEREOF, Attorneys Title Guaranty Fund, Inc. has caused its corporate name to be affixed by its duly authorized officers on the date shown in Schedule A. ATTORNEYS TITLE GUARANTY FUND, INC. ERIC R. MORGAN PRESIDENT FOR INFORMATION OR SERVICES IN CONNECTION WITH THIS COMMITMENT, CONTACT: Lynn M. Janeway, 9800 S. Meridian Blvd., Suite 400, Englewood Colorado 80112, Phone: 303-706-9990, Fax: (303) 706-9994 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. 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 acquires actual knowledge of any defect lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to 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 and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named Proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the Proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action of 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 the 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://222.alta.org/ >. 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. American Land Title Association Commitment Attorneys Title Guaranty Fund, Inc COMMITMENT NO. File No. 40541/CRSD SCHEDULE A 1. Effective Date: 6/1/2015 at 7:45 A.M. 2. Policy or Policies to be issued: Premium A. ALTA Owner's Policy (06/17/06), Amount $781,500.00 $2,018.00 Proposed Insured: Stephen G. Thomas B. ALTA Loan Policy (06/17/06), Amount $703,350.00 $130.00 Proposed Insured: TBD Certificate of Taxes Due $25.00 Endorsements: 8.2, 100, 110.1(1-4) $376.00 Additional Charges: DOES THIS QUALIFY FOR REISSUE $0.00 Total $ 2,549.00 3. The estate or interest in the land described or referred to in this Commitment and covered herein is vested in Gary D. Young and Jonell Young Revocable Trust 4. The estate or interest in the land described or referred to in this Commitment and covered herein is Fee Simple 5. The land referred to in this Commitment is situate in the county of LARIMER, State of Colorado and is described as follows: See Schedule C attached hereto. For informational purposes only, the property address is: 5724 South College Avenue, Fort Collins, Colorado 80525 Lynn M. Janeway Authorized Officer or Agent 2643 Member Number FOR INFORMATION OR SERVICES IN CONNECTION WITH THIS COMMITMENT, CONTACT: Lynn M. Janeway, 9800 S. Meridian Blvd., Suite 400, Englewood Colorado 80112, Phone: 303-706-9990, Fax: (303) 706-9994 THIS COMMITMENT IS ISSUED SUBJECT TO THE STATEMENT OF TERMS, CONDITIONS AND STIPULATIONS ATTACHED 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. The following are the requirements to be complied with: a. Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. b. Pay us the premiums fees and charges for the policy. c. Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded. d. You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. e. Payment of all taxes, charges and assessments, levied and assessed against the subject premises which are due and payable. f. A Certification of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or an authorized agent (pursuant to Senate Bill 92-143, CRS 10-11-122). g. Receipt by the Company of the appropriate affidavit as to new construction and indemnifying the Company against any unfiled materialmen's or mechanic's liens. h. Warranty Deed must be sufficient to convey the fee simple estate or interest in the land described or referred to herein, to the proposed insured, Schedule A, item 2A. NOTE: C.R.S. §38-35-109(2) required that a notation of the purchaser's legal address, (not necessarily the same as the property address) be included on the face of the Deed to be recorded. i. Release of the Deed of Trust from Gary D. Young to the Public Trustee of LARIMER County for the benefit of Wells Fargo Bank West, N.A. to secure an indebtedness in the principal sum of $1,200,000.00, and any other amounts and/obligations secured thereby, dated November 1, 2001 and recorded on November 30, 2001 at Reception No. 2001108106. NOTE: Deed of Trust was modified in document dated November 7, 2003 and recorded on November 18, 2003 at Reception No. 20030145378. j. Release of the Deed of Trust from Gary D. Young to the Public Trustee of LARIMER County for the benefit of Wells Fargo Bank, National Association to secure an indebtedness in the principal sum of $529,300.00, and any other amounts and/obligations secured thereby, dated November 16, 2006 and recorded on December 7, 2006 at Reception No. 20060092670. NOTE: Assignment of Rents recorded December 7, 2006 at Reception No. 20060092691 k. Certificate of Satisfaction by Clerk of Combined Court, County of LARIMER, of Judgment in favor of BLTW, LLC against Steve Thomas and Bonnie Thomas in the amount of $3,770.42, plus court costs, entered on July 21, 2011 Civil Action Number 11C-006000, transcript of which was recorded on July 26, 2011 at Reception No. 20110044791. Note: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. §39-22.604.5 (non-resident withholding). Note: Effective September 1, 1997, C.R.S. §30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one-half inch. The clerk and recorder may refuse to record or file any document that does not conform. Note: All conveyances (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This Declaration must be completed and signed by the grantor (seller) or grantee (buyer). American Land Title Association Commitment Attorneys Title Guaranty Fund, Inc. COMMITMENT NO. FILE No. 40541/CRSD SCHEDULE B - Section 1 - Requirements 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. American Land Title Association Commitment Attorneys Title Guaranty Fund, Inc. COMMITMENT NO. FILE No. 40541/CRSD SCHEDULE B - Section 1 - Requirements 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. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises 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. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. NOTE: Upon compliance with underwriting requirements, exceptions numbered 1, 2, 3 and 4 will be omitted from the Final Policy to be issued hereunder. 6. Terms, agreements, provisions, conditions and obligations of a seller rent back agreement, executed by Gary D. Young and Jonell Young, as Lessee(s), for a term of 183 days as disclosed on the Post-Closing Occupany Agremeent between Gary D. Young and Jonell Young and Stephen G. Thomas dated June 3, 2015 7. Any and all notes, easements and recitals as disclosed on the plat of South 13 Subdivision recorded at Receptin No. 177889 in Book 1742 at Page 652. 8. Taxes for the year 2015 which are not yet due or payable. 9. Encroachment of asphalt parking lot into the right of way for Frontage Road E as disclosed on Larimer County GIS Mapping for parcel 9612206028 10. Rights and interests of others in the right of way for Frontage Road E as it crosses subject property as disclosed on Larimer County GIS Mapping for parcel 9612206028. 11. A 25 foot water, sewer & utility easement along the easterly (rear) lot line as disclosed on the plat of South 13 Subdivision recorded at Reception No. 177889 in Book 1742 at Page 652. 12. Terms of agreement recorded February 15, 1973 in Book 1750 at Page 0652 at reception No. 183024. 13. A six foot utilty easement along the westerly (front) lot line as disclosed on the plat of South 13 Subdivision recorded at Reception No. 177889 in Book 1742 at Page 652. The Owner's policy to be issued hereunder will contain, in addition to the items set forth in Schedule B - Section 2, the following items: (1) the mortgage, if any, required under Schedule B - Section 1, Item (c); (2) unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof, water rights, claims or title to water; (3) any and all unpaid taxes, assessments and unredeemed tax sales. Note: Colorado Division of Insurance Regulation 3-5-1, Section 7, Paragraph G requires that every title insurance company shall be 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. Note: The following disclosures are hereby made pursuant to §C.R.S. 10-11-122 i. The subject property may be located in a special taxing district American Land Title Association Commitment Attorneys Title Guaranty Fund, Inc. COMMITMENT NO. FILE No. 40541/CRSD SCHEDULE B - Section 2 - Exceptions ii. A Certificate of Taxes Due listing each tax jurisdiction shall be obtained from the county treasurer of the county treasurer's authorized agent iii. 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: If there is recorded evidence that one or more mineral estates has been severed, leased or otherwise conveyed from the surface estate of the subject property described in Schedule A of this Commitment, there is a substantial likelihood that a third party holds some or all of the ownership interest in oil, gas or other minerals or geothermal energy in the subject property. Such mineral estate may include the right to enter and use the surface of the subject property without the surface owner's permission. 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. American Land Title Association Commitment Attorneys Title Guaranty Fund, Inc. COMMITMENT NO. FILE No. 40541/CRSD SCHEDULE B - Section 2 - Exceptions Committed to Protecting Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. You have a right to know how we will utilize the personal information you provide to us. Therefore, ATGF has adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our agents, or others; and • Information we receive from a consumer-reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our agents or affiliated companies. Such affiliated companies include Attorneys Title Insurance Fund, Inc., ATGF's reinsurer and parent company. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities that need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. SCHEDULE C File #: 40541/CRSD LOT 28, SOUTH 13 SUBDIVISION, COUNTY OF LARIMER, STATE OF COLORADO.