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Home My WebLink AboutPENNY FLATS 2ND - BDR190009 - SUBMITTAL DOCUMENTS - ROUND 1 - SUPPLEMENTAL INFORMATIONCUSTOMER DISTRIBUTION Date: Our Order Number: Property Address: If you have any inquiries or require further assistance, please contact one of the numbers below: 08-21-2018 FCC25114019.1-2 209 CHERRY ST # 7 FORT COLLINS, CO 80521 For Title Assistance: Larimer/Weld County Title Team Liana Gifford 772 WHALERS WAY #100 FORT COLLINS, CO 80525 Phone: 970-282-3649 Fax: 970-282-3652 EMail: customercare@ltgc.com CHRISLAND REAL ESTATE COMPANIES 3665 JOHN F KENNEDY PARKWAY BLDG 2 #202 FORT COLLINS, CO 80525 Attn: RYAN SCHAEFER Phone: 970-663-3150 Fax: 970-663-3291 Copies: 1 EMail: ryans@chrislandcompanies.com Sent Via EMail CHRISLAND REAL ESTATE COMPANIES 3665 JOHN F. KENNEDY PARKWAY BUILDING 2, SUITE 202 FORT COLLINS, CO 80525 Attn: MEGAN BAUMHOVER Phone: 970-663-3150 Fax: 970-663-3291 Copies: 1 EMail: meganb@chrislandcompanies.com Sent Via EMail Land Title Guarantee Company Date: Our Order Number: Buyer/Borrower: Seller/Owner: Property Address: Need a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com for directions to any of our 54 office locations. THANK YOU FOR YOUR ORDER! ESTIMATE OF TITLE INSURANCE FEES If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL Form CONTACT 06/04 08-21-2018 FCC25114019.1-2 CHERRY AND MASON INVESTMENTS, LLC, A COLORADO LIMITED LIABILITY COMPANY CHERRY AND MASON INVESTMENTS, LLC, A COLORADO LIMITED LIABILITY COMPANY 209 CHERRY ST # 7 FORT COLLINS, CO 80521 ALTA Owners Policy 06-17-06 Endorsement 107.12-06 (Owner) Deletion of Standard Exception(s) EXCEPTIONS 1-3 (Owner) $0.00 $226.00 $0.00 $226.00 Land Title Guarantee Company ****************************************************************** Note: Once an original commitment has been issued, any subsequent modifications will be emphasized by underlining. ****************************************************************** Schedule A Our Order No. Cust. Ref.: 1. Effective Date: 2. Policy to be Issued, and Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: 4. Title to the estate or interest covered herein is at the effective date hereof vested in: 5. The Land referred to in this Commitment is described as follows: Property Address: ______________________________________________________________________________________________ Copyright 2006-2014 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. FCC25114019.1-2 A L T A C O M M I T M E N T 209 CHERRY ST # 7 FORT COLLINS, CO 80521 August 10, 2018 at 5:00 P.M. "ALTA" Owner's Policy 06-17-06 Proposed Insured: CHERRY AND MASON INVESTMENTS, LLC, A COLORADO LIMITED LIABILITY COMPANY $892,347.00 A Fee Simple CHERRY AND MASON INVESTMENTS, LLC, A COLORADO LIMITED LIABILITY COMPANY LOT 2, PENNY FLATS SUBDIVISION, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO Old Republic National Title Insurance Company The following are the requirements to be complied with: (Requirements) Our Order No. A L T A C O M M I T M E N T Schedule B-1 FCC25114019.1-2 1. 2. 3. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: PAYMENT OF PREMIUM FOR ENDORSEMENT 107.12. WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR CHERRY AND MASON INVESTMENTS, LLC RECORDED FEBRUARY 24, 2017 AT RECEPTION NO. 20170012615 IS CURRENT. NOTE: SAID INSTRUMENT DISCLOSES CHRISLAND INVESTMENTS III, LLC, A COLORADO LIMITED LIABILITY COMPANY AS THE MANAGER AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF SAID ENTITY. IF THIS INFORMATION IS NOT ACCURATE, A CURRENT STATEMENT OF AUTHORITY MUST BE RECORDED. LAND TITLE GUARANTEE COMPANY HAS RECEIVED AN IMPROVEMENT LOCATION CERTIFICATE/SURVEY FOR THE SUBJECT PROPERTY PREPARED BY NORTHERN ENGINEEERING, JOB NO. 1095-001, DATED SEPTEMBER 01, 2015, THAT IS ACCEPTABLE TO THE COMPANY. *** IN ADDITION, A SURVEY AFFIDAVIT, EXECUTED BY CHERRY AND MASON INVESTMENTS, LLC, A COLORADO LIMITED LIABILITY COMPANY, IS NECESSARY INDICATING THAT THERE HAVE BEEN NO NEW IMPROVEMENTS, EASEMENTS OR BOUNDARY CHANGES SINCE THE DATE OF SAID IMPROVEMENT LOCATION CERTIFICATE/SURVEY AND THAT THE IMPROVEMENTS SHOWN ON SAID IMPROVEMENT LOCATION CERTIFICATE/SURVEY HAVE NOT BEEN ALTERED SINCE THE DATE OF SAID IMPROVEMENT LOCATION CERTIFICATE/SURVEY. *** The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: (Exceptions) Our Order No. A L T A C O M M I T M E N T Schedule B-2 FCC25114019.1-2 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. Easements, liens or encumbrances, or claims thereof, 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 hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. (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. TAXES AND ASSESSMENTS. EXISTING LEASES AND TENANCIES, IF ANY, NOT SHOWN BY PUBLIC RECORDS. TERMS, CONDITIONS AND PROVISIONS OF ORDINANCES RECORDED AUGUST 17, 1983 IN BOOK 2233 AT PAGE 473 AND 479 AND 483, JANUARY 2, 2001 AT RECEPTION NO. 2001000166 AND MAY 20, 2004 AT RECEPTION NO. 20040048265 AND MARCH 29, 2010 AT RECEPTION NO. 20100017039 TERMS, CONDITIONS AND PROVISIONS OF ORDINANCE RECORDED OCTOBER 06, 2005 AT RECEPTION NO. 20050085091. EASEMENTS FOR PEDESTRIAN ACCESS, DRAINAGE AND UTILITY PURPOSES, AND EASEMENTS FOR EMERGENCY ACCESS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT RECORDED JANUARY 30, 2007 AT RECEPTION NO. 2007007427 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: (Exceptions) Our Order No. A L T A C O M M I T M E N T Schedule B-2 FCC25114019.1-2 13. 14. 15. 16. 17. TERMS, CONDITIONS AND PROVISIONS OF SECOND AMENDED AND RESTATED FACADE AGREEMENT RECORDED MAY 24, 2013 AT RECEPTION NO. 20130039423 AND 20130039585. TERMS, CONDITIONS AND PROVISIONS OF OPTION AGREEMENT RECORDED FEBRUARY 24, 2006 AT RECEPTION NO. 2006015508 AND AMENDMENT RECORDED FEBRUARY 12, 2007 AT RECEPTION NO. 20070010697 AND AMENDMENT RECORDED MAY 30, 2008 AT RECEPTION NO. 20080034350 AND AMENDMENT RECORDED NOVEMBER 12, 2008 AT RECEPTION NO. 20080070268 AND AMENDMENT RECORDED OCTOBER 25, 2010 AT RECEPTION NO. 20100065053. FIFTH ADDENDUM RECORDED JULY 17, 2015 AT RECEPTION NO. 20150046376. ACKNOWLEDGMENT AND CONSENT RECORDED JULY 17, 2015 AT RECEPTION NO. 20150046377. AGREEMENT AND ASSIGNMENT RECORDED JULY 28, 2015 AT RECEPTION NO. 20150048931. SIXTH ADDENDUM TO OPTION AGREEMENT RECORDED AUGUST 5, 2016 AT RECEPTION NO. 20160051456. TERMS, CONDITIONS AND PROVISIONS OF DEVELOPMENT AGREEMENT RECORDED OCTOBER 06, 2010 AT RECEPTION NO. 20100060703. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF COVENANTS AND RIGHT OF FIRST REFUSAL RECORDED FEBRUARY 24, 2017 AT RECEPTION NO. 20170012617. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING FACTS SHOWN ON ALTA/ACSM LAND TITLE SURVEY CERTIFIED MAY 19, 2016 PREPARED BY NORTHERN ENGINEERING, JOB #1095-001, RECORDED FEBRUARY 23, 2017 AT RECEPTION NO. 20170012289: A. ELECTRIC LINE AND TRANSFORMER WITHOUT AN EASEMENT B. GAS LINE OUTSIDE OF EASEMENT C. ABANDONED STORM INLET GRATE D. ALL UNDERGROUND UTILITIES MAY NOT HAVE BEEN LOCATED LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulation 3-5-1, Section 7L requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial or 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. 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. DISCLOSURE 02/2011 JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: * applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; * your transactions with, or from the services being performed by, us, our affiliates, or others; * a consumer reporting agency, if such information is provided to us in connection with your transaction; and * the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: * We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. * We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. * Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. * We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Form PRIV.POL.ORT WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Commitment to Insure ALTA Commitment - 2006 Rev. CC.ORT.06 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the requirements; all subject to the provisions of Schedule A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at www.alta.org. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 1. Rights or claims of parties in possession not shown by the Public Records. 2. Easements, or claims of easements, not shown by the Public Records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 (612) 371-1111 _______________________________________ Authorized Signature Mark Bilbrey President Rande Yeager Secretary