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HomeMy WebLinkAboutCORE SPACES AT TRILBY & COLLEGE - PDP220009 - SUBMITTAL DOCUMENTS - ROUND 1 - SUPPLEMENTAL INFORMATION (5)ALTA COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY 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, STEWART TITLE GUARANTY COMPANY, a Texas 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 six months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. Countersigned by: Stewart Title Guaranty Company 10 South Riverside Plaza, Suite 1450 Chicago , IL 60606 (800) 261-9800 Agent ID: 06J050 This page is only a part of a 2016 ALTA® Commitment for Title Insurance. 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 countersignature 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. File No. 21000031595 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 1 of 3 COMMITMENT CONDITIONS 1.DEFINITIONS x (a) “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) “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. (c)“Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) “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. (e) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f)“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. (g) “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. (h) “Title”: The estate or interest described in Schedule A. 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, this 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: x(a) the Notice; (b) the Commitment to Issue Policy; (c)the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I - Requirements; (f)Schedule B, Part II - Exceptions; and (g) a countersignature by the Company or its issuing agent that may be in electronic form. 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 x(a) 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: x(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. (b) 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. (c)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. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. 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 countersignature 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. File No. 21000031595 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 2 of 3 x(d) 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. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f)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. (g) In any event, the Company’s liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT x(a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c)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. (d) 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. (e)Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f)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. 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>. STEWART TITLE GUARANTY COMPANY 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 77252-2029. This page is only a part of a 2016 ALTA® Commitment for Title Insurance. 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 countersignature 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. File No. 21000031595 ALTA Commitment For Title Insurance 8-1-16 (4-2-18) Page 3 of 3 Transaction Identification Data for reference only: Issuing Agent:Stewart Title Guaranty Company Issuing Office:10 South Riverside Plaza, Suite 1450, Chicago , IL 60606 Issuing Office's ALTA® Registry ID:1027978 Loan ID Number:N/A Commitment Number:21000031595 Issuing Office File Number:21000031595 Property Address:6301 South College Avenue, Fort Collins, CO 80525 Revision Number:6 1. Commitment Date: May 23, 2022 at 5:30 P.M. 2. Policy to be issued:Proposed Policy Amount (a) ALTA Owner's Policy Extended TBD Proposed Insured:Core PBSFR Acquisition Vehicle, LLC (b) ALTA Loan Policy Extended TBD Proposed Insured:To Be Determined 3. The estate or interest in the Land described or referred to in this Commitment is: Fee Simple as to Parcel I, Easement as to Parcel II 4. The Title is, at the Commitment Date, vested in: College & Trilby LLC, a Colorado limited liability company 5. The Land is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF STEWART TITLE GUARANTY COMPANY STATEMENT OF CHARGES These charges are due and payable before a policy can be issued See Attached Statement of Charges ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. 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 countersignature 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. File No. 21000031595 CO ALTA Commitment For Title Insurance Schedule 8-1-16 (4-2-18) Page 1 of 3 EXHIBIT "A" SCHEDULE A LEGAL DESCRIPTION PARCEL I: A tract of land situate in the E 1/2 of Section 11, Township 6 North, Range 69 West of the 6th P.M., County of Larimer, State of Colorado, which considering the East line of the said SE 1/4 as bearing S 00°04' E and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point on the South line of the said SE 1/4 which bears S 89°03'47" W, 420.00 feet from the SE corner of said Section 11 and run thence S 89°03'47" W, 539.40 feet along the said South line; Thence N 01°30'15" W, 2644.47 feet to a point on the South line of Skyway Drive; Thence S 88°47’46" E, 982.97 feet along the said South line to a point on the West Right of Way line of US Highway No. 287; Thence S 00°05'20" W, 2107.05 feet along the said West Right of Way line; Thence S 89°03’47" W, 371.38 feet parallel to the South line of the said SE 1/4; Thence S 00°04' E, 501.00 feet parallel to the East line of the said SE 1/4 to the point of beginning. EXCEPT Right of Way for Trilby Road as the same is established and/or used. ALSO, EXCEPT those parcels described in deeds recorded January 15, 2004 at Reception No. 20040004681 and recorded January 15, 2004 at Reception No. 20040004682 and recorded September 14, 2004 at Reception No. 20040090382 and recorded January 12, 2006 at Reception No. 20060002802. PARCEL II: Beneficial Cross Access Easement Agreement recorded March 7, 2022 at Reception No. 20220015185. County of Larimer, State of Colorado. ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. 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 countersignature 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. File No. 21000031595 CO ALTA Commitment For Title Insurance Schedule 8-1-16 (4-2-18) Page 2 of 3 STATEMENT OF CHARGES Larimer Commercial Rate TBD Commitment Fee 2006 ALTA Owner's Policy: Owner's Extended Coverage: ALTA 9.9-06: ALTA 18-06: ALTA 25-06: ALTA 39-06: 2006 ALTA Loan Policy: Lender's Extended Coverage: ALTA 39-06: Tax Certificate: (Sch. # 9611400003): $500.00 TBD $65.00 TBD $170.00 TBD N/C $175.00 N/C N/C $30.00 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE A ISSUED BY STEWART TITLE GUARANTY COMPANY This page is only a part of a 2016 ALTA® Commitment for Title Insurance. 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 countersignature 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. File No. 21000031595 CO ALTA Commitment For Title Insurance Schedule 8-1-16 (4-2-18) Page 3 of 3 File No.: 21000031595- Revision No. 6 All of the following Requirements must be met: 1. 2. 3. 4. The 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. 5. 6. 7. 8. 9. 10. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record: a. Warranty Deed from College & Trilby LLC, a Colorado limited liability company, vesting fee simple title in Core PBSFR Acquisition Vehicle, LLC. NOTE: A Real Property Transfer Declaration (TD-1000)is required with each transfer in the State of Colorado. NOTE: Deed must include a notation as to the legal address of the grantee. NOTE: Statement of Authority for College & Trilby LLC, a Colorado limited liability company recorded September 23, 2021 at Reception No. 20210088840, discloses the following persons as those authorized to transact business on behalf of said entity. UDCM College & Trilby LLC, a Colorado limited liability company, as Manager If there have been any amendments or changes to the management of the entity, written documentation reflecting the changes and a new Statement of Authority will be required. b. Deed of Trust from Core PBSFR Acquisition Vehicle, LLC, to the Public Trustee, for the benefit of Proposed Lender. Receipt by the Company of Commercial Lien Affidavit, executed by College & Trilby LLC, a Colorado limited liability company. NOTE: If the property is currently under construction or new improvements have been made, this commitment is subject to additional requirements. NOTE: Affiant must affirm that no lease contains any option to purchase, right of first offer, or right of first refusal. Receipt by the Company of Commercial Lien Affidavit, executed by Core PBSFR Acquisition Vehicle, LLC. NOTE: If the property is currently under construction or new improvements have been made, this commitment is subject to additional requirements. Receipt by the Company of Survey Affidavit, executed by College & Trilby LLC, a Colorado limited liability company. Payment of taxes and assessments now due and payable. Payment, transfer and final reading for water, sewer and storm water charges, currently assessed against the ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I ISSUED BY STEWART TITLE GUARANTY COMPANY Requirements This page is only a part of a 2016 ALTA® Commitment for Title Insurance. 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 countersignature 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. File No. 21000031595 ALTA Commitment For Title Insurance Schedule 8-1-16 (4-2-18) Page 1 of 2 11. 12. 13. 14. subject property. NOTE: The subject property may lie within an area where local Ordinances/Municipal Codes allow unpaid water/ sewer charges to become a lien on the real property. NOTE: Please contact seller for municipalities and account numbers. Approval to issue this policy must be obtained from authorized Underwriting Personnel of Stewart Title Guaranty Company. This commitment and any policies to be issued are subject to additional limitations, requirements or exceptions made by Stewart Title Guaranty Company. Receipt by the Company relating to Core PBSFR Acquisition Vehicle, LLC, the Company requires for its review the following: a.) Copy of the fully executed Operating Agreement of the limited liability company and any amendments thereof, b.) Execution and recordation of Statement of Authority pursuant to the provisions of Section 38-30-172 C.R.S. NOTE: The company reserves the right to make additional requirements upon its review of this document. Receipt by the Company relating to UDCM College & Trilby LLC, a Colorado limited liability company, as Manager of College & Trilby LLC, a Colorado limited liability company, the Company requires for its review the following: a.) Copy of the fully executed Operating Agreement of the limited liability company and any amendments thereof, b.) Execution and recordation of Statement of Authority pursuant to the provisions of Section 38-30-172 C.R.S. NOTE: The company reserves the right to make additional requirements upon its review of this document Recordation of Release by the Public Trustee of the Deed of Trust from College & Trilby LLC, a Colorado limited liability company, for the benefit of FirstBank, to secure $1,400,000.00, recorded September 23, 2021, at Reception No. 20210088842. NOTE: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the Disclosure of Withholding Provisions of C.R.S. § 39-22-604.5, by completing Colorado DR 1083 (Nonresident Withholding). NOTE: Please be advised that our search did not disclose any open Deed of Trust of record. If you should have knowledge of any outstanding obligations, please contact the Title Department immediately for further review prior to closing. NOTE: Please be advised that our search did not disclose any activity related to the cultivation, manufacture, distribution and/or sale of marijuana. If you should have knowledge of any of these activities, please contact the Title Department immediately for further review by senior underwriting prior to closing. ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I ISSUED BY STEWART TITLE GUARANTY COMPANY Requirements This page is only a part of a 2016 ALTA® Commitment for Title Insurance. 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 countersignature 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. File No. 21000031595 ALTA Commitment For Title Insurance Schedule 8-1-16 (4-2-18) Page 2 of 2 File No.: 21000031595- Revision No. 6 THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared 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. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I - Requirements are met. (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. a. Taxes for the year 2022, and subsequent years; special assessments or charges not certified to the County Treasurer. (NOTE: This will appear on the Owner’s Policy, upon proof of payment.) b. Taxes for the year 2022, a lien, but not yet due or payable. (NOTE: This will appear on the Loan Policy, upon proof of payment.) Reservations made by Union Pacific Railway Co, in deed recorded March 1, 1890 in Book 69 at Page 231. NOTE: Request for Notification recorded May 20, 2002 at Reception No. 2002055115. NOTE: The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed. Undivided 1/2 interest in and to all oil, gas and other minerals as reserved in deed recorded March 10, 1954, in Book 968 at Page 102, and any and all assignments thereof or interests therein. ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY Exceptions This page is only a part of a 2016 ALTA® Commitment for Title Insurance. 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 countersignature 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. File No. 21000031595 CO ALTA Commitment For Title Insurance Schedule 8-1-16 (4-2-18) COM Page 1 of 3 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. NOTE: The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed. Right of Way Easement granted to Poudre Valley Rural Electric Association, Inc. recorded April 5, 1974, in Book 1595 at Page 814. Right of way easement granted to Poudre Valley Rural Electric Association, Inc. recorded August 27, 1980, in Book 2065 at Page 347. Right of way easement granted to Poudre Valley Rural Electric Association, Inc. recorded August 27, 1980, in Book 2065 at Page 352. [Intentionally deleted.] Terms, conditions and provisions of Add on Agreement recorded January 18, 1982 in Book 2150 at Page 1192. Terms, conditions, provisions, burdens, obligations and easements as set forth and granted in Ditch Crossing Easement recorded November 17, 1983, in Book 2246 at Page 732. Terms, conditions, provisions, burdens, obligations and easements as set forth and granted in Grant of Easement and Right of Way recorded November 18, 1983 in Book 2246 at Page 1038. Terms, conditions and provisions of Deed of Easement recorded January 19, 1996 at Reception No. 96004313. 20’ Sanitary Sewer Easement granted by Front Range Limited Partnership to the South Fort Collins Sanitation District pursuant to an Easement and Right of Way Agreement dated April 7, 1995 as recorded January 19, 1996 at Reception No. 96004315, as depicted on the Survey. 20’ Sanitary Sewer Easement granted by Front Range Limited Partnership to the South Fort Collins Sanitation District pursuant to an Easement and Right of Way Agreement dated April 7, 1995 as recorded January 19, 1996 at Reception No. 96004316, as depicted on the Survey. Drainage Easement granted by Front Range Limited Partnership to the South Fort Collins Sanitation District pursuant to a Deed of Dedication for Easement dated December 4, 2003 as recorded February 3, 2004, at Reception No. 20040010524, as depicted on the Survey. 15’ Utility Easement granted to Poudre Valley Rural Electric Association, Inc. recorded May 10, 2004, at Reception No. 20040044322, as depicted on the Survey. 20’ Utility Easement granted to Poudre Valley Rural Electric Association, Inc. recorded May 10, 2004, at Reception No. 20040044324, as depicted on the Survey. Slope Easement granted to City of Fort Collins pursuant to a Deed of Dedication for Easement dated December 4, 2003 and recorded February 3, 2004, at Reception No. 2004-0010525, as depicted on the Survey. Slope Easement granted to City of Fort Collins pursuant to a Deed of Dedication for Easement dated December 4, 2003 and recorded February 3, 2004, at Reception No. 20040010526, as depicted on the Survey. ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY Exceptions This page is only a part of a 2016 ALTA® Commitment for Title Insurance. 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 countersignature 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. File No. 21000031595 CO ALTA Commitment For Title Insurance Schedule 8-1-16 (4-2-18) COM Page 2 of 3 25. 26. 27. 28. 29. 30. 31. 32. Ordinance No. 137, 2006 Annexing Property recorded October 31, 2006 at Reception No. 2006-0082146. Findings and Decree recorded September 30, 2010 at Reception No. 20100058874. Easement and Right of Way Agreement recorded July 2, 2018 at Reception No. 20180040079. NOTE: Quit Claim Deed from the North Laudon Ditch and Reservoir Company to Tribly Holdings Group abandoning the former easement and Right of Way recorded February 15, 2019, at Reception No. 20190007786. Terms, conditions and provisions of Agreement recorded July 2, 2018 at Reception No. 20180040080. NOTE: Quit Claim Deed from the North Laudon Ditch and Reservoir Company to Tribly Holdings Group abandoning the former easement and Right of Way recorded February 15, 2019, at Reception No. 20190007786. The following matters disclosed by ALTA/NSPS Land Title Survey, dated June 11, 2021, and revised September 17, 2021, prepared by JR Engineering LLC, under Job No. 39793.00, to wit: a) Rights of others in and to that portion of land between the fence line and the property line. b) Fence lines, as now located, do not coincide with boundary lines of subject property. [Intentionally deleted.] c) Apparent easement for overhead utilities. d) Overhead and Utility Lines without a recorded easement. [Intentionally deleted.] e) Overhead lines and poles not in an easement as shown. Existing leases and tenancies. NOTE: Upon receipt by the Company of the Commercial Lien Affidavit, this exception may be modified or deleted. 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 are shown by the Public Records or listed in Schedule B. Terms, conditions and provisions of Cross Access Easement Agreement recorded March 7, 2022 at Reception No. 20220015185. NOTE: Exceptions 1 and 4 may be deleted from the policies, provided the seller and buyer execute the Company’s affidavits, as required herein, and the Company approves such deletions. Exceptions 2 and 3 may be deleted from the policies, provided the Company receives and approves the survey or survey affidavit required herein. Exception 5 will not appear on the policies, provided the Company, or its authorized agent, conducts the closing of the proposed transaction and is responsible for the recordation of the documents. ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY Exceptions This page is only a part of a 2016 ALTA® Commitment for Title Insurance. 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 countersignature 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. File No. 21000031595 CO ALTA Commitment For Title Insurance Schedule 8-1-16 (4-2-18) COM Page 3 of 3 Martha Chaparro Stewart Title Guaranty Company - Commercial Services 10 South Riverside Plaza, Suite 1450 Chicago, IL 60606 (312) 849-4247 Phone (312) 849-4410 Fax martha.reyna@stewart.com MINERAL DISCLOSURE 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 APPLIED ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. File Number: 21000031595 CO Disclosures Comrcl Page 1 of 1 STG Privacy Notice 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 title 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 — For your convenience, Stewart has developed a means for you to opt out from its affiliates marketing even though such mechanism is not legally required. Yes Yes, send your first and last name, the email address used in your transaction, your Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. 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 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 ß ß 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, 1360 Post Oak Blvd., Ste. 100, Privacy Officer, Houston, Texas 77056 File No.: 21000031595 Page 1 Revised 01-01-2020 Effective Date: January 1, 2020 Privacy Notice for California Residents Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), Stewart Information Services Corporation and its subsidiary companies (collectively, “Stewart”) are providing this Privacy Notice for California Residents (“CCPA Notice”). This CCPA Notice supplements the information contained in Stewart’s existing privacy notice and applies solely to all visitors, users and others who reside in the State of California or are considered California Residents (“consumers” or “you”). Terms used but not defined shall have the meaning ascribed to them in the CCPA. Information Stewart Collects Stewart collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device. Most of the information that Stewart collects in the course of its regular business is already protected pursuant to the Gramm-Leach-Bliley Act (GLBA). Additionally, much of this information comes from government records or other information already in the public domain. Personal information under the CCPA does not include: ü ü ü Publicly available information from government records. Deidentified or aggregated consumer information. Certain personal information protected by other sector-specific federal or California laws, including but not limited to the Fair Credit Reporting Act (FCRA), GLBA and California Financial Information Privacy Act (FIPA). Specifically, Stewart has collected the following categories of personal information from consumers within the last twelve (12) months: Category Examples Collected? A. Identifiers.A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers. YES B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. YES C. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). YES D. Commercial information.Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.YES E. Biometric information.Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. YES F. Internet or other similar network activity.Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. YES G. Geolocation data.Physical location or movements.YES H. Sensory data.Audio, electronic, visual, thermal, olfactory, or similar information.YES I. Professional or employment-related information. Current or past job history or performance evaluations.YES J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. YES K. Inferences drawn from other personal information. Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. YES File No.: 21000031595 Page 2 Revised 01-01-2020 Stewart obtains the categories of personal information listed above from the following categories of sources: ü ü ü Directly and indirectly from customers, their designees or their agents (For example, realtors, lenders, attorneys, etc.) Directly and indirectly from activity on Stewart’s website or other applications. From third-parties that interact with Stewart in connection with the services we provide. Use of Personal Information Stewart may use or disclose the personal information we collect for one or more of the following purposes: ü ü ü ü ü ü ü ü ü ü ü ü ü ü To fulfill or meet the reason for which the information is provided. To provide, support, personalize, and develop our website, products, and services. To create, maintain, customize, and secure your account with Stewart. To process your requests, purchases, transactions, and payments and prevent transactional fraud. To prevent and/or process claims. To assist third party vendors/service providers who complete transactions or perform services on Stewart’s behalf. As necessary or appropriate to protect the rights, property or safety of Stewart, our customers or others. To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses. To personalize your website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our website, third-party sites, and via email or text message (with your consent, where required by law). To help maintain the safety, security, and integrity of our website, products and services, databases and other technology assets, and business. To respond to law enforcement or regulator requests as required by applicable law, court order, or governmental regulations. Auditing for compliance with federal and state laws, rules and regulations. Performing services including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services or other similar services. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred. Stewart will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice. Disclosure of Personal Information to Affiliated Companies and Nonaffiliated Third Parties Stewart does not sell your personal information to nonaffiliated third parties. Stewart may share your information with those you have designated as your agent in the course of your transaction (for example, a realtor or a lender). Stewart may disclose your personal information to a third party for a business purpose. Typically, when we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. We share your personal information with the following categories of third parties: ü ü ü ü ü Service providers and vendors (For example, search companies, mobile notaries, and companies providing credit/debit card processing, billing, shipping, repair, customer service, auditing, marketing, etc.) Affiliated Companies Litigation parties and attorneys, as required by law. Financial rating organizations, rating bureaus and trade associations. Federal and State Regulators, law enforcement and other government entities In the preceding twelve (12) months, Stewart has disclosed the following categories of personal information for a business purpose: Category A: Identifiers Category B: California Customer Records personal information categories Category C: Protected classification characteristics under California or federal law Category D: Commercial Information Category E: Biometric Information Category F: Internet or other similar network activity Category G: Geolocation data Category H: Sensory data Category I: Professional or employment-related information Category J: Non-public education information Category K: Inferences Consumer Rights and Choices The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights. File No.: 21000031595 Page 3 Revised 01-01-2020 Access to Specific Information and Data Portability Rights You have the right to request that Stewart disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, Stewart will disclose to you: ü ü ü ü ü ü The categories of personal information Stewart collected about you. The categories of sources for the personal information Stewart collected about you. Stewart’s business or commercial purpose for collecting that personal information. The categories of third parties with whom Stewart shares that personal information. The specific pieces of personal information Stewart collected about you (also called a data portability request). If Stewart disclosed your personal data for a business purpose, a listing identifying the personal information categories that each category of recipient obtained. Deletion Request Rights You have the right to request that Stewart delete any of your personal information we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, Stewart will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. Stewart may deny your deletion request if retaining the information is necessary for us or our service providers to: 1.Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you 2.Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities. 3.Debug products to identify and repair errors that impair existing intended functionality. 4.Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law. 5.Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.). 6.Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent. 7.Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us. 8.Comply with a legal obligation. 9.Make other internal and lawful uses of that information that are compatible with the context in which you provided it. Exercising Access, Data Portability, and Deletion Rights To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us either: ü Calling us Toll Free at 1-866-571-9270 ü Emailing us at Privacyrequest@stewart.com ü Visiting http://stewart.com/ccpa Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please contact Stewart through one of the methods mentioned above. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must: ü ü Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. Stewart cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with Stewart. Response Timing and Format We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to an additional 45 days), we will inform you of the reason and extension period in writing. A written response will be delivered by mail or electronically, at your option. File No.: 21000031595 Page 4 Revised 01-01-2020 Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. Stewart does not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. Non-Discrimination Stewart will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not: ü ü ü ü Deny you goods or services. Charge you a different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties. Provide you a different level or quality of goods or services. Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services. Changes to Our Privacy Notice Stewart reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on Stewart’s website and update the notice’s effective date. Your continued use of Stewart’s website following the posting of changes constitutes your acceptance of such changes. Contact Information If you have questions or comments about this notice, the ways in which Stewart collects and uses your information described here, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at: Phone:Toll Free at 1-866-571-9270 Website:http://stewart.com/ccpa Email:Privacyrequest@stewart.com Postal Address:Stewart Information Services Corporation Attn: Mary Thomas, Deputy Chief Compliance Officer 1360 Post Oak Blvd., Ste. 100, MC #14-1 Houston, TX 77056 File No.: 21000031595 Page 5 Revised 01-01-2020