Loading...
HomeMy WebLinkAboutTHE QUARRY BY WATERMARK - FDP210016 - SUBMITTAL DOCUMENTS - ROUND 3 - SUPPLEMENTAL INFORMATIONLand Title Guarantee Company Customer Distribution PREVENT FRAUD - Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. Order Number:ABC25178582-5 Date: 09/27/2021 Property Address:CORNER OF W STUART STREET & S SHIELDS STREET, FORT COLLINS, CO PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance Closer's Assistant For Title Assistance Derek Greenhouse 3033 EAST FIRST AVENUE, SUITE 600 DENVER, CO 80206 (303) 331-6239 (Work) (303) 393-4783 (Work Fax) dgreenhouse@ltgc.com Company License: CO44565 Valerie Fertig 3033 EAST FIRST AVENUE, SUITE 600 DENVER, CO 80206 (303) 331-6217 (Work) (303) 393-4739 (Work Fax) vfertig@ltgc.com Contact License: CO#651779 Company License: CO44565 Scott Bennetts 5975 GREENWOOD PLAZA BLVD GREENWOOD VILLAGE, CO 80111 (303) 850-4175 (Work) sbennetts@ltgc.com THOMPSON THRIFT DEVELOPMENT INC DBA WATERMARK RESIDENTIAL Attention: JOSH PURVIS 111 MONUMENT CIRCLE, SUITE 1600 INDIANAPOLIS, IN 46204 (317) 454-8021 (Work) (317) 454-8026 (Work Fax) jpurvis@watermark-residential.com Delivered via: Electronic Mail CUSHMAN & WAKEFIELD Attention: TRAVIS ACKERMAN 772 WHALERS WAY #200 FORT COLLINS, CO 80525 (970) 776-3900 (Work) (970) 267-7730 (Work Fax) travis.ackerman@cushwake.com Delivered via: Electronic Mail THOMPSON THRIFT DEVELOPMENT INC Attention: TAMI ROBERTSON 901 WABASH AVE SUITE 300 TERRE HAUTE, IN 47807 (812) 239-8841 (Cell) (812) 242-1163 (Work) (812) 242-1194 (Work Fax) trobertson@thompsonthrift.com Delivered via: Electronic Mail CUSHMAN & WAKEFIELD Attention: KYLIE PAZZAGLINI Kylie.Pazzaglini@cushwake.com Delivered via: Electronic Mail THOMPSON THRIFT DEVELOPMENT INC Attention: RHYAN WINKLER 901 WABASH AVE SUITE 300 TERRE HAUTE, IN 47807 (317) 454-8020 (Work) rwinkler@thompsonthrift.com Delivered via: Electronic Mail C3 REAL ESTATE SOLUTIONS Attention: KYLE LUNDY 2720 COUNCIL TREE AVE #178 Fort Collins, CO 80525 klundy@c3-re.com Delivered via: Electronic Mail JONES & KELLER PC Attention: KERRI P ASSELL 1999 BROADWAY #3150 DENVER, CO 80202 (303) 956-6516 (Cell) (303) 785-1613 (Work) (303) 573-8133 (Work Fax) kassell@joneskeller.com Delivered via: Electronic Mail C3 REAL ESTATE SOLUTIONS Attention: KAREN BUEGEL 2720 COUNCIL TREE AVE. #178 Fort Collins, CO 80525 (970) 225-5155 (Work) kbuegel@c3-re.com Delivered via: Electronic Mail JONES & KELLER PC Attention: KATHY BALDWIN kbaldwin@joneskeller.com Delivered via: Electronic Mail THOMPSON THRIFT DEVELOPMENT INC Attention: TIMOTHY FEARS 901 WABASH AVE #300 TERRE HAUTE, IN 47807 (812) 242-1166 (Work) (812) 242-1194 (Work Fax) tfears@thompsonthrift.com Delivered via: Electronic Mail WATERMARK RESIDENTIAL Attention: MIKE MARGASON mmargason@watermarkapartments.com Delivered via: Electronic Mail BLUE OCEAN ENTERPRISES INC Attention: JESSICA J K FOSDICK 401 W MOUNTAIN AVE FORT COLLINS, CO 80521 jessica.fosdick@blueocean-inc.com Delivered via: Electronic Mail WATERMARK RESIDENTIAL Attention: PATRICK SMITH psmith@watermarkapartments.com Delivered via: Electronic Mail LAND TITLE GUARANTEE COMPANY Attention: MINDY HUMPHREY 3033 EAST FIRST AVENUE SUITE 600 DENVER, CO 80206 (303) 618-6569 (Cell) (303) 331-6274 (Work) (303) 393-4912 (Work Fax) mhumphrey@ltgc.com Delivered via: Electronic Mail WATERMARK RESIDENTIAL Attention: JESSICA TUTTLE jtuttle@watermarkapartments.com Delivered via: Electronic Mail LAND TITLE GUARANTEE COMPANY Attention: LUKE DAVIDSON 3033 EAST FIRST AVENUE SUITE 600 DENVER, CO 80206 (303) 321-1880 (Work) (303) 393-4912 (Work Fax) ldavidson@ltgc.com Delivered via: Electronic Mail NORTH SPRING CREEK PROPERTIES LLC Attention: BRENT KEELE 401 W MOUNTAIN AVE FORT COLLINS, CO 80521 (970) 494-5806 (Work) brent.keele@blueocean-inc.com Delivered via: Electronic Mail Land Title Guarantee Company Estimate of Title Fees Order Number:ABC25178582-5 Date: 09/27/2021 Property Address:CORNER OF W STUART STREET & S SHIELDS STREET, FORT COLLINS, CO Parties:THOMPSON THRIFT DEVELOPMENT INC., AN INDIANA CORPORATION, D/B/A WATERMARK RESIDENTIAL NORTH SPRING CREEK PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY Visit Land Title's Website at www.ltgc.com for directions to any of our offices. Estimate of Title insurance Fees "ALTA" Owner's Policy 06-17-06 $28,896.00 Deletion of Standard Exception(s)$100.00 Endorsement ALTA 3.2-06 $5,000.00 Endorsement ALTA 9.8-06 $2,000.00 Endorsement ALTA 17-06 $100.00 Endorsement ALTA 17.2-06 $100.00 Endorsement ALTA 18.1-06 $100.00 Endorsement ALTA 19-06 $1,500.00 Endorsement ALTA 25-06 $1,500.00 Endorsement ALTA 26-06 $1,500.00 Endorsement ALTA 28.3-06 $2,000.00 Endorsement Arbitration Deletion-06 $100.00 Endorsement ALTA 39-06 $0.00 Endorsement 8.2 - 06 $100.00 "ALTA" Loan Policy 06-17-06 Purchase Loan Rate $250.00 Tax Certificate ,7 PARCELS, (will be ordered prior to closing)$182.00 Recordings (TERMINATION OF TRAIL AND UTILITY EASEMENT)$28.00 Total $43,456.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the effect of these documents on your property. Chain of Title Documents: Larimer county recorded 06/01/2011 under reception no. 20110031854 Plat Map(s): Larimer county recorded 07/28/1987 under reception no. 43454 Copyright 2006-2021 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. Property Address: CORNER OF W STUART STREET & S SHIELDS STREET, FORT COLLINS, CO 1.Effective Date: 09/22/2021 at 5:00 P.M. 2.Policy to be Issued and Proposed Insured: "ALTA" Owner's Policy 06-17-06 Proposed Insured: THOMPSON THRIFT DEVELOPMENT INC., AN INDIANA CORPORATION, D/B/A WATERMARK RESIDENTIAL $58,335,876.00 "ALTA" Loan Policy 06-17-06 Purchase Loan Rate Proposed Insured: A LENDER TO BE DETERMINED $58,335,876.00 3.The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4.Title to the estate or interest covered herein is at the effective date hereof vested in: NORTH SPRING CREEK PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY 5.The Land referred to in this Commitment is described as follows: LOTS 1, 2, 3, 4, AND 5, INCLUSIVE, TRACTS A AND B, PULSE P.U.D. FILING ONE, BEING A REPLAT OF "WIND TRAIL CONDOMINIUMS" LOCATED IN THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., TO THE CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, EXCEPTING THEREFROM THOSE PORTIONS OF TRACTS A AND B CONVEYED TO THE CITY OF FORT COLLINS, COLORADO, A MUNICIPAL CORPORATION IN DEED OF DEDICATION FOR RIGHT OF WAY RECORDED MARCH 5, 2020 UNDER RECEPTION NO. 20200015505. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:ABC25178582-5 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: ABC25178582-5 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 1.RELEASE OF DEED OF TRUST DATED MAY 31, 2011 FROM NORTH SPRING CREEK PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF LARIMER COUNTY FOR THE USE OF HARRY GIOTIS AND LITSA GIOTIS TO SECURE THE SUM OF $2,916,000.00 RECORDED JUNE 01, 2011, UNDER RECEPTION NO. 20110031855. 2.A FULL COPY OF THE FULLY EXECUTED OPERATING AGREEMENT AND ANY AND ALL AMENDMENTS THERETO FOR NORTH SPRING CREEK PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY. SAID AGREEMENT MUST DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID ENTITY. NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION. 3.WRITTEN CONFIRMATION THAT THE INFORMATION CONTAINED IN STATEMENT OF AUTHORITY FOR NORTH SPRING CREEK PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY RECORDED JUNE 01, 2011 AT RECEPTION NO. 20110031853 IS CURRENT. NOTE: SAID INSTRUMENT DISCLOSES CURTIS R. RICHARDSON 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. 4.PROVIDE LAND TITLE GUARANTEE COMPANY WITH THE FINAL, EXECUTED COPY OF ALTA/NSPS LAND TITLE SURVEY DATED JANUARY 24, 2020, PREPARED BY KING SURVEYORS, JOB NO. 20190806. LAND TITLE GUARANTEE COMPANY IS IN RECEIPT OF A DRAFT COPY OF SAID SURVEY. SAID SURVEY MUST BE CERTIFIED TO LAND TITLE GUARANTEE COMPANY AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY. 5.SPECIAL WARRANTY DEED FROM NORTH SPRING CREEK PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY TO THOMPSON THRIFT DEVELOPMENT INC., AN INDIANA CORPORATION, D/B/A WATERMARK RESIDENTIAL CONVEYING SUBJECT PROPERTY. 6.DEED OF TRUST FROM THOMPSON THRIFT DEVELOPMENT INC., AN INDIANA CORPORATION, D/B/A WATERMARK RESIDENTIAL TO THE PUBLIC TRUSTEE OF LARIMER COUNTY FOR THE USE OF A LENDER TO BE DETERMINED TO SECURE THE SUM OF $58,335,876.00. 7.PROVIDE LAND TITLE GUARANTEE COMPANY WITH THE FINAL, APPROVED DEVELOPMENT PLANS FOR SUBJECT PROPERTY. NOTE: THIS REQUIREMENT IS NECESSARY TO ATTACH ENDORSEMENTS ALTA 3.2, ALTA 9.8-06 AND ALTA 28.3-06 TO THE OWNERS POLICY TO BE ISSUED. 8.A CURRENT ZONING LETTER FOR SAID LAND ISSUED BY THE APPROPRIATE GOVERNMENT AGENCY SETTING FORTH THE ZONING CLASSIFICATION, ALLOWED USES, PARKING REQUIREMENTS AND ANY KNOWN VIOLATIONS. NOTE: THIS REQUIREMENT IS NECESSARY TO ATTACH ENDORSEMENT ALTA 3.2-06 TO THE OWNERS POLICY TO BE ISSUED. ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS MAY BE MADE UPON THE REVIEW OF SAID LETTER. 9.PROVIDE LAND TITLE GUARANTEE COMPANY WITH COPIES OF THE UTILITY PROVIDERS' SERVICE LETTERS. NOTE: THIS REQUIREMENT IS NECESSARY TO ATTACH ENDORSEMENT ALTA 17.2-06 TO THE OWNERS POLICY TO BE ISSUED. NOTE: ITEMS 1-3 OF THE STANDARD EXCEPTIONS TO THE OWNERS POLICY WILL BE DELETED UPON RECEIPT OF A FINAL, EXECUTED SURVEY. NOTE: UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE STANDARD EXCEPTIONS TO THE OWNERS POLICY WILL BE AMENDED AS FOLLOWS: ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MATERIAL FURNISHED AT THE SPECIFIC, DIRECT REQUEST, AND WITH THE ACTUAL KNOWLEDGE OF NORTH SPRING CREEK PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE SPECIFIC, DIRECT REQUEST, AND WITH THE ACTUAL KNOWLEDGE OF THOMPSON THRIFT DEVELOPMENT INC., AN INDIANA CORPORATION, D/B/A WATERMARK RESIDENTIAL. NOTE: ITEM 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. NOTE: UPON PROOF OF PAYMENT OF 2020 TAXES, ITEM 6 WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2021 AND SUBSEQUENT YEARS, A LIEN NOT YET DUE OR PAYABLE. NOTE: ITEMS 7(A) AND 7(B) OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED. NOTE: ITEM 8 UNDER SCHEDULE B-2 WILL BE DELETED UPON PROOF FROM THE OWNER STATING THERE ARE NO LEASES OR TENANTS ON SUBJECT PROPERTY. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: ABC25178582-5 All of the following Requirements must be met: This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by 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 of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6.(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. 7.(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. 8.EXISTING LEASES AND TENANCIES, IF ANY. 9.THE RIGHTS OF THE UNITED STATES, THE STATE OF COLORADO AND THE PUBLIC IN AND TO THE USAGE AND THE UNINTERRUPTED FLOW, EXISTING AT LAW, OF THE WATERS WITHIN SPRING CREEK 10.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN WARRANTY DEED EASEMENT RECORDED MAY 05, 1983 IN BOOK 2218 AT PAGE 697. 11.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN DECLARATION OF EASEMENT RECORDED JULY 11, 1985 UNDER RECEPTION NO. 85033615. 12.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF PULSE P.U.D. FILING ONE RECORDED JULY 28, 1987 UNDER RECEPTION NO. 87043454. SURVEYOR'S AFFIDAVIT OF CORRECTION RECORDED OCTOBER 14, 1987 UNDER RECEPTION NO. 87059260. 13.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN SITE AND LANDSCAPE COVENANTS RECORDED JULY 28, 1987 UNDER RECEPTION NO. 87043456. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABC25178582-5 14.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN DEED OF EASEMENT RECORDED MAY 11, 1990 UNDER RECEPTION NO. 90019873. 15.ORDINANCE NO. 177, 2017, AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS, RECORDED JANUARY 17, 2018 UNDER RECEPTION NO. 20180003334. 16.(THIS ITEM WAS INTENTIONALLY DELETED) 17.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN DEED OF DEDICATION OF EASEMENT RECORDED MARCH 05, 2020 UNDER RECEPTION NO. 20200015503. (AFFECTS TRACT B) 18.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN DEED OF DEDICATION OF EASEMENT RECORDED MARCH 05, 2020 UNDER RECEPTION NO. 20200015504. (AFFECTS TRACT B) 19.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN DEED OF DEDICATION OF EASEMENT RECORDED MARCH 05, 2020 UNDER RECEPTION NO. 20200015508. (AFFECTS TRACTS A AND B) 20.ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING FACTS SHOWN ON ALTA/NSPS LAND TITLE SURVEY DATED JANUARY 24, 2020 AND LAST REVISED _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, 2021, PREPARED BY KING SURVEYORS, JOB #20190806: A. FENCE LINES ARE NOT COINCIDENT WITH PROPERTY LINES. B. SIDEWALK CROSSING PORTIONS OF SUBJECT PROPERTY WITHOUT THE BENEFIT OF A RECORDED EASEMENT. C. BUS STOP SIGN, BUS STOP SHELTER AND BICYCLE RACK SITUATED ON SUBJECT PROPERTY WITHOUT THE BENEFIT OF A RECORDED EASEMENT. NOTE: THE FOLLOWING CLAUSE WILL BE ATTACHED TO THE OWNERS POLICY WHEN ISSUED: SUBJECT TO THE CONDITIONS OF THE POLICY, PENDING SUCH TIME AS THE IMPROVEMENTS CONTEMPLATED UPON INSURED PREMISES SHALL BE COMMENCED, LIABILITY UNDER THIS POLICY IS LIMITED TO THE PURCHASE PRICE FOR THE LAND; BUT AS AND WHEN THE ERECTION OF SUCH IMPROVEMENTS SHALL BE COMMENCED, LIABILITY HEREUNDER SHALL INCREASE, AS THE IMPROVEMENTS PROGRESS, IN THE AMOUNT OF THE COST THEREOF, UP TO THE FACE AMOUNT OF THIS POLICY. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABC25178582-5 NOTE: THE FOLLOWING CLAUSE WILL BE ATTACHED TO THE MORTGAGEES POLICY WHEN ISSUED: SUBJECT TO THE CONDITIONS OF THE POLICY, PENDING DISBURSEMENT OF THE FULL PROCEEDS OF THE LOAN SECURED BY THE DEED OF TRUST SET FORTH UNDER SCHEDULE A HEREOF, THIS POLICY INSURES ONLY TO THE EXTENT OF THE AMOUNT ACTUALLY DISBURSED, BUT INCREASES AS EACH DISBURSEMENT IS MADE IN GOOD FAITH AND WITHOUT KNOWLEDGE OF ANY DEFECTS IN, OR OBJECTION TO, THE TITLE, UP TO THE FACE AMOUNT OF THE POLICY. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABC25178582-5 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: 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 Regulations 8-1-2 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: No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. The Subject real property may be located in a special taxing district.(A) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (B) 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. (C) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (A) 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. (B) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. (C) The Company must receive payment of the appropriate premium.(D) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of 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. (E) Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. 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 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. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. Note: Pursuant to CRS 10-1-11(4)(a)(1), Colorado notaries may remotely notarize real estate deeds and other documents using real-time audio-video communication technology. You may choose not to use remote notarization for any document. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (A) That such mineral estate may include the right to enter and use the property without the surface owner's permission. (B) JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY 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 as agent 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 your 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 obtain either 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 may share your Personal Information with affiliated contractors or service providers who provide services in the course of our business, but only to the extent necessary for these providers to perform their services and to provide these services to you as may be required by your transaction. 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 STATED ABOVE OR 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. Commitment For Title Insurance Issued by Old Republic National Title Insurance Company NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. . COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY i. comply with the Schedule B, Part I—Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (b) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (d) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (f) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (g) “Title”: The estate or interest described in Schedule A.(h) the Notice;(a) the Commitment to Issue Policy;(b) the Commitment Conditions;(c) Schedule A;(d) Schedule B, Part I—Requirements; and(e) Schedule B, Part II—Exceptions; and(f) a counter-signature by the Company or its issuing agent that may be in electronic form.(g) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (a) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (b) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (c) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (d) The Company shall not be liable for the content of the Transaction Identification Data, if any.(e) 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Craig B. Rants, Senior Vice President This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Land Title Insurance Corporation. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (f) In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (c) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (d) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f)