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UNION PARK - PDP230005 - SUBMITTAL DOCUMENTS - ROUND 1 - LEGAL DOCUMENTS
7251 W 20th St, Bldg L Suite 100 Greeley, CO 80634 Phone: 970-330-4522 / Fax: 866-828-0844 Title Transmittal Printed: 01.20.23 @ 01:55 PM by V COD1101.doc / Updated: 05.04.22 Page 1 CO-CW -FFAH-01610.114145-HS0813288 Date:January 20, 2023 File No.:459-HS0813288-414 Buyer(s)/Borrower(s):Contracted Purchaser or Designee Owner(s):JAR plus 3 LLC, a Colorado limited liability company, LRR Investments, LLC, a Colorado limited liability company, Ziegler Ent, LLC, a Colorado limited liability company, Ziegler 1924B, LLC, a Colorado limited liability company and David L. Young Trust Property:4105, 4109 and TBD Ziegler Rd,Fort Collins, CO 80525 Assessor Parcel No.:8732000002,8732400008,8732400009 and 8732400010 PLEASE TAKE NOTE OF THE FOLLOWING REVISED TERMS CONTAINED HEREIN: WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. FOR WIRING INSTRUCTIONS, PLEASE CONTACT YOUR ESCROW OFFICE AS NOTED ON THE TRANSMITTAL PAGE OF THIS COMMITMENT. To:Heritage Title Company - Greeley 7251 W 20th St Bldg L Suite 100 Greeley, CO 80634 Attn:Antoinette Alirez Phone:970-324-2058 Fax:303-628-1693 Email:aalirez@heritagetco.com To:Landmark Homes 6341 Fairgrounds Ave Suite 100 Windsor, CO 80550 Attn:Chris Beabout Phone:970-460-0567 Fax:970-460-0562 Email:cbeabout@mylandmarkhomes.net END OF TRANSMITTAL This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 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. ALTA Commitment for Title Insurance (08/01/2016)Printed: 01.20.23 @ 01:55 PM Page 2 CO-CW -FFAH-01610.114145-SPS-1-23-HS0813288 ALTA COMMITMENT FOR TITLE INSURANCE Commitment Number: Issued By: HS0813288 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, Commonwealth Land Title Insurance Company, a Florida 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 one hundred eighty (180) days after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. Commonwealth Land Title Insurance Company By: Countersigned By: Terry N. Williams Authorized Officer or Agent Michael J. Nolan, President Attest: Marjorie Nemzura, Secretary This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 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. ALTA Commitment for Title Insurance (08/01/2016)Printed: 01.20.23 @ 01:55 PM Page 3 CO-CW -FFAH-01610.114145-SPS-1-23-HS0813288 COMMONWEALTH LAND TITLE INSURANCE COMPANY COMMITMENT NO.HS0813288 Transaction Identification Data for reference only: ISSUING OFFICE:FOR SETTLEMENT INQUIRIES, CONTACT: Title Officer: Lynn Vance Heritage Title Company - Greeley 7251 W 20th St, Bldg L Suite 100 Greeley, CO 80634 Phone: 970-324-2052 Fax: 866-828-0844 Main Phone: 970-330-4522 Email: LVance@heritagetco.com Escrow Officer: Antoinette Alirez Heritage Title Company - Greeley 7251 W 20th St, Bldg L Suite 100 Greeley, CO 80634 Phone: 970-324-2058 Main Phone: (970)330-4522 Email: aalirez@heritagetco.com Order Number:459-HS0813288-414 Property Address:4105, 4109 and TBD Ziegler Rd,Fort Collins, CO 80525 SCHEDULE A 1. Commitment Date: January 11, 2023 at 08:00 AM 2. Policy to be issued: (a)ALTA Owners Policy 6-17-06 Proposed Insured:Contracted Purchaser or Designee Proposed Policy Amount:$100,000.00 3. The estate or interest in the Land described or referred to in this Commitment is: Fee Simple 4. The Title is, at the Commitment Date, vested in: JAR plus 3 LLC, a Colorado limited liability company and LRR Investments, LLC, a Colorado limited liability company, as to Parcel A and Ziegler Ent, LLC, a Colorado limited liability company, as to Parcel B and Ziegler 1924B, LLC, a Colorado limited liability company, as to Parcel C and David L. Young Trust, as to Parcel D 5. The Land is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF PREMIUMS: Owner's Policy Premium $445.00 END OF SCHEDULE A EXHIBIT "A" Legal Description This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 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. ALTA Commitment for Title Insurance (08/01/2016)Printed: 01.20.23 @ 01:55 PM Page 4 CO-CW -FFAH-01610.114145-SPS-1-23-HS0813288 Parcel A: A tract of land, being part of that parcel as described in the Special Warranty Deed recorded November 6, 2008 as Reception No. 20080069574 of the Records of the Larimer County Clerk and Recorder, situate in the Southeast Quarter (SE1/4) of Section Thirty-two (32), Township Six North (T.6N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), City of Fort Collins, County of Larimer, State of Colorado and being more particularly described as follows: COMMENCING at the East Quarter corner of said Section 32 and assuming the East line of said SE1/4 as bearing South 00°06’00” East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2649.60 feet, monumented by a #6 rebar with a 2.5” aluminum cap stamped LS 17497 at both ends and with all other bearings contained herein relative thereto; THENCE South 00°06’00” East along said East line of said SE1/4 a distance of 807.52 feet; THENCE South 89°54’01” West a distance of 52.59 feet to the West Right of Way (ROW) line of Ziegler Road South line of said Reception No.20080069574 and to the POINT OF BEGINNING; THENCE South 89°54’29” West a distance of 1745.47 feet to the East line of Corbett Drive; THENCE North 00°16’50” East along said East line a distance of 252.13 feet; THENCE North 62°24’29” East a distance of 428.53 feet; THENCE North 89°54’29” East a distance of 356.66 feet; THENCE South 00°06’00” East a distance of 162.00 feet; THENCE North 89°54’29” East a distance of 456.73 feet; THENCE South 62°35’31” East a distance of 194.91 feet; THENCE North 89°54’29” East a distance of 377.40 feet to the West ROW line of Ziegler Road; THENCE South 00°06’00” East along said West ROW line a distance of 198.00 feet to the POINT OF BEGINNING Parcel B: A tract of land, being part of that parcel as described in the Special Warranty Deed as recorded July 12, 2016 at Reception No.20160044475 and the Special Warranty Deed recorded November 6, 2008 as Reception No.20080069574 of the Records of the Larimer County Clerk and Recorder, situate in the Southeast Quarter (SE1/4) of Section Thirty-two (32), Township Seven North (T.7N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), City of Fort Collins, County of Larimer, State of Colorado and being more particularly described as follows: COMMENCING at the East Quarter corner of said Section 32 and assuming the East line of said SE1/4 as bearing South 00°06’00” East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2649.60 feet, monumented by a #6 rebar with a 2.5” aluminum cap stamped LS 17497 at both ends and with all other bearings contained herein relative thereto; THENCE North 89°38’48” West along the North line of said SE1/4 a distance of 430.00 feet to the POINT OF BEGINNING; THENCE South 00°06’01” East a distance of 612.86 feet; THENCE North 62°35’31” West a distance of 194.91 feet; THENCE South 89°54’29” West a distance of 456.73 feet; THENCE North 00°06’00” West a distance of 162.00 feet; THENCE South 89°54’29” West a distance of 356.66 feet; THENCE South 62°24’29” West a distance of 428.53 feet to the East line of Corbett Drive; EXHIBIT "A" Legal Description This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 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. ALTA Commitment for Title Insurance (08/01/2016)Printed: 01.20.23 @ 01:55 PM Page 5 CO-CW -FFAH-01610.114145-SPS-1-23-HS0813288 THENCE North 00°16’50” East along said East line and an extension thereof a distance of 569.34 feet to the North line of said SE1/4; THENCE South 89°38’48” East along said North line a distance of 1362.65 feet to the POINT OF BEGINNING Parcel C: A tract of land, being part of that parcel as described in the Special Warranty Deed as recorded July 12, 2016 at Reception No.20160044475 and the Special Warranty Deed recorded November 6, 2008 as Reception No.20080069574 of the Records of the Larimer County Clerk and Recorder, situate in the Southeast Quarter (SE1/4) of Section Thirty-two (32), Township Six North (T.6N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), City of Fort Collins, County of Larimer, State of Colorado and being more particularly described as follows: COMMENCING at the East Quarter corner of said Section 32 and assuming the East line of said SE1/4 as bearing South 00°06’00” East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2649.60 feet, monumented by a #6 rebar with a 2.5” aluminum cap stamped LS 17497 at both ends and with all other bearings contained herein relative thereto; THENCE North 89°38’48” West along the North line of said SE1/4 a distance of 30.00 feet to the West Right of Way (ROW) line of Ziegler Road and to the POINT OF BEGINNING; THENCE South 00°06’00” East a distance of 175.00 feet to the North line of that parcel as described in Bargain & Sale Deed as recorded January 31, 2019 as Reception No.20190005693 of the LCCR; Thence along the North, West and South lines of aforesaid parcel the following three courses: THENCE North 89°38’48” West a distance of 365.00 feet; THENCE South 00°06’01” East a distance of 175.00 feet; THENCE South 89°38’48” East a distance of 342.41 feet to the West ROW line of Ziegler Road; THENCE South 00°06’00” East a distance of 259.93 feet; THENCE South 89°54’29” West a distance of 377.40 feet; THENCE North 00°06’01” West a distance of 612.86 feet to the North line of said SE1/4; THENCE South 89°38’48” East along said North line a distance of 400.00 feet to the POINT OF BEGINNING. Parcel D: A tract of land situate in the Southeast % of Section 32, Township 7 INorth, Range 68 West of the 6th P.M., Larimer County, Colorado, which considering the South line of said Southeast % as bearing S 89°22'30" E and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point on the West line of County Road No. 9 which bears N 89°17'18" W 30.00 feet and again S 00°15'10" W 175.00 feet from the East 1/4 corner of said Section 32 and run thence S 00°15'10" W 175.00 feet along the West line of County Road No. 9; thence N 89°17'18" W 365.00 feet parallel to the North line of the said Southeast 1/4; thence N 00°15'10" E 175.00 feet parallel to the East line of the said Southeast !4; thence S 89°17'18" E 365.00 feet parallel to the North line of the said Southeast 1/4 to the point of beginning, COUNTY OF LARIMER, STATE OF COLORADO EXCEPTING THEREFROM any portion contained in the Deed of Dedication recorded January 29, 2008 at Reception No. 2008005820 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 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. ALTA Commitment for Title Insurance (08/01/2016)Printed: 01.20.23 @ 01:55 PM Page 6 CO-CW -FFAH-01610.114145-SPS-1-23-HS0813288 COMMONWEALTH LAND TITLE INSURANCE COMPANY COMMITMENT NO.HS0813288 SCHEDULE B, PART I REQUIREMENTS All of the following Requirements must be met: 1.Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured. 2.Pay the premiums, fees, and charges for the Policy. 3.Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent. 4.The Company will require that an Affidavit and Indemnity Agreement be completed by the party(s) named below before the issuance of any policy of title insurance. Party(s): The parties shown on Schedule A hereof The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit. 5.Copy of Operating Agreement and recordation of Statement of Authority for Ziegler 1924B, LLC, a Colorado limited liability company pursuant to Colorado Revised Statutes evidencing the existence of the entity and authority of the person(s) authorized to execute and deliver instruments affecting title to real property on behalf of the entity and containing other information required by Colorado Revised Statutes. The Company reserves the right to add additional requirements after review of the requested documentation. 6.Copy of Operating Agreement and recordation of Statement of Authority for JAR plus 3, LLC, a Colorado limited liability company pursuant to Colorado Revised Statutes evidencing the existence of the entity and authority of the person(s) authorized to execute and deliver instruments affecting title to real property on behalf of the entity and containing other information required by Colorado Revised Statutes. The Company reserves the right to add additional requirements after review of the requested documentation. 7.Copy of Operating Agreement and recordation of Statement of Authority for LRR Investments, LLC, a Colorado limited liability company pursuant to Colorado Revised Statutes evidencing the existence of the entity and authority of the person(s) authorized to execute and deliver instruments affecting title to real property on behalf of the entity and containing other information required by Colorado Revised Statutes. The Company reserves the right to add additional requirements after review of the requested documentation. 8.Recordation of Statement of Authority for David L. Young Trust pursuant to Colorado Revised Statutes evidencing the existence of the entity and authority of the person(s) authorized to execute and deliver instruments affecting title to real property on behalf of the entity and containing other information required by Colorado Revised Statutes. 9.Deed sufficient to convey the fee simple estate or interest in the Land described or referred to herein, to the Proposed Insured Purchaser. COMMONWEALTH LAND TITLE INSURANCE COMPANY COMMITMENT NO.HS0813288 SCHEDULE B, PART I REQUIREMENTS (continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 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. ALTA Commitment for Title Insurance (08/01/2016)Printed: 01.20.23 @ 01:55 PM Page 7 CO-CW -FFAH-01610.114145-SPS-1-23-HS0813288 NOTE: Statement of Authority for Ziegler Ent, LLC, a Colorado limited liability company recorded December 6, 2022 at Reception No.20220071039 discloses the following person(s) authorized to sign on behalf of the entity, pursuant to Colorado Revised Statutes: Jason Sherrill, Manager 10.Furnish for recordation a full release of deed of trust: Amount: $2,000,000.00 Dated: November 29, 2022 Trustor/Grantor: Ziegler Ent, LLC, a Colorado limited liability company Trustee: Public Trustee of Larimer County Beneficiary: FirstBank Loan No.: 9775263 Recording Date: December 6, 2022 Recording No.:20220071040 Affects: Parcel B 11.Furnish for recordation a full release of deed of trust: Amount: $235,000.00 Dated: January 23, 2008 Trustor/Grantor: David L. Young Trustee: Public Trustee of Larimer County Beneficiary: Countrywide Bank, FSB Loan No.: Unknown Recording Date: January 29, 2008 Recording No.:20080005822 Affects: Parcel D 12.Furnish for recordation a full release of deed of trust: Amount: $31,080.00 Dated: April 25, 2008 Trustor/Grantor: David L. Young Trustee: U.S. Bank Trust Company, National Association Beneficiary: U.S. Bank National Association Loan No.: Unknown Recording Date: May 23, 2008 Recording No.:20080032750 Affects: Parcel D The Deed of Trust set forth above is purported to be a “Credit Line” Deed of Trust. It is a requirement that the Trustor/Grantor of said Deed of Trust provide written authorization to close said credit line account to the Lender when the Deed of Trust is being paid off through the Company or other Settlement/Escrow Agent or provide a satisfactory subordination of this Deed of Trust to the proposed Deed of Trust to be recorded at closing. COMMONWEALTH LAND TITLE INSURANCE COMPANY COMMITMENT NO.HS0813288 SCHEDULE B, PART I REQUIREMENTS (continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 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. ALTA Commitment for Title Insurance (08/01/2016)Printed: 01.20.23 @ 01:55 PM Page 8 CO-CW -FFAH-01610.114145-SPS-1-23-HS0813288 13.For each policy to be issued as identified in Schedule A, Item 2; the Company shall not be liable under this commitment until it receives a designation for a Proposed Insured, acceptable to the Company. As provided in Commitment Condition 4, the Company may amend this commitment to add, among other things, additional exceptions or requirements after the designation of the Proposed Insured. 14.Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. (As to Parcels A and C) Note: Exception number 5 will be removed from the Owner's and Lender's Policy provided the Company conducts the closing. NOTE: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. 24 MONTH CHAIN OF TITLE, FOR INFORMATIONAL PURPOSES ONLY: The following vesting deeds relating to the subject property have been recorded in the Clerk and Recorder’s office of the County in which the property is located: Special Warranty Deed recorded December 22, 2021 at Reception No.20210115407 (Parcel A) Special Warranty Deed recorded December 6, 2022 at Reception No.20220071038 (Parcel B) Special Warranty Deed recorded December 22, 2021 at Reception No.20210115377 (Parcel C) Bargain and Sale Deed recorded February 4, 2019 at Reception No.20190005693 . (Parcel D) END OF SCHEDULE B, PART I This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 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. ALTA Commitment for Title Insurance (08/01/2016)Printed: 01.20.23 @ 01:55 PM Page 9 CO-CW -FFAH-01610.114145-SPS-1-23-HS0813288 COMMONWEALTH LAND TITLE INSURANCE COMPANY COMMITMENT NO.HS0813288 SCHEDULE B, PART II EXCEPTIONS 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.Any facts, rights, interests or claims that are not shown by the Public Records but which 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 the proposed Insured acquires of record for the value the estate or interest or mortgage thereon covered by this Commitment. NOTE: Upon satisfaction of all requirements herein, the above exception will not be reflected on any proposed title policy identified in Schedule A. 6.Water rights, claims or title to water, whether or not disclosed by the Public Records. 7.All taxes and assessments, now or heretofore assessed, due or payable. NOTE: This tax exception will be amended at policy upon satisfaction and evidence of payment of taxes. 8.Reservations contained in the Patent From: The United States of America Recording Date: April 9, 1885 Recording No:Book 32 at Page 54 Which among other things recites as follows: Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes and rights to ditches and reservoirs used in connection with such water rights, as may be recognized and acknowledged by the local customs, laws and decisions of the courts; and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises hereby granted, as provided by law. COMMONWEALTH LAND TITLE INSURANCE COMPANY COMMITMENT NO.HS0813288 SCHEDULE B, PART II EXCEPTIONS (continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 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. ALTA Commitment for Title Insurance (08/01/2016)Printed: 01.20.23 @ 01:55 PM Page 10 CO-CW -FFAH-01610.114145-SPS-1-23-HS0813288 9.Terms, conditions, provisions, agreements and obligations contained in the Easement Agreement as set forth below: Recording Date: December 19, 1985 Recording No:85064362 10.Terms, conditions, provisions, agreements and obligations contained in Ordinance No. 52, 1994 as set forth below: Recording Date: April 10, 1994 Recording No:94037078 and as shown on the map of Spring Creek Farms Fourth Annexation recorded April 29, 1994 at Reception No. 94037077 . 11.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Purpose: Water lines, sewer lines, county roads, and irrigation Recording Date: February 17, 1995 Recording No:95009649 12.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Public Service Company of Colorado Purpose: Utility lines, fixtures and devices Recording Date: December 11, 1996 Recording No:96088267 13.Terms, conditions, provisions, agreements and obligations contained in Ordinance No. 157, 1997 as set forth below: Recording Date: November 21, 1997 Recording No:97077601 and as shown on the map of Miller-Fox Annexation recorded November 21, 1997 at Reception No.97077602 14.Terms, conditions, provisions, agreements and obligations contained in the Overall Development Plan as set forth below: Recording Date: January 10, 1998 Recording No:98005706 COMMONWEALTH LAND TITLE INSURANCE COMPANY COMMITMENT NO.HS0813288 SCHEDULE B, PART II EXCEPTIONS (continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 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. ALTA Commitment for Title Insurance (08/01/2016)Printed: 01.20.23 @ 01:55 PM Page 11 CO-CW -FFAH-01610.114145-SPS-1-23-HS0813288 15.Terms, conditions, provisions, agreements and obligations contained in the Site Plan, Landscape Plans, Building Elevations, and Site & Landscape Covenants as set forth below: Recording Date: January 10, 1998 Recording No:98005707 16.The effect of the inclusion of the Land within the boundaries of the Municipal Subdistrict, Northern Colorado Water Conservancy District as disclosed by Order recorded September 14, 1998 at Reception No.98079113 17.Terms, conditions, provisions, agreements and obligations contained in the Easement Agreement as set forth below: Recording Date: December 4, 1998 Recording No:98106572 18.Terms, conditions, provisions, agreements and obligations contained in the Berm Easement Agreement as set forth below: Recording Date: March 2, 2007 Recording No:20070016185 19.Terms, conditions, provisions, agreements and obligations contained in the Water Easement Agreement as set forth below: Recording Date: March 2, 2007 Recording No:20070016186 20.Terms, conditions, provisions, agreements and obligations contained in the Berm Easement Agreement as set forth below: Recording Date: November 6, 2008 Recording No:20080069577 21.Terms, conditions, provisions, agreements and obligations contained in the Drainage Line Easement Agreement as set forth below: Recording Date: May 10, 2016 Recording No:20160030994 22.Terms, conditions, provisions, agreements and obligations contained in the Deed of Dedication as set forth below: Recording Date: May 26, 2016 Recording No:20160033136 COMMONWEALTH LAND TITLE INSURANCE COMPANY COMMITMENT NO.HS0813288 SCHEDULE B, PART II EXCEPTIONS (continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 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. ALTA Commitment for Title Insurance (08/01/2016)Printed: 01.20.23 @ 01:55 PM Page 12 CO-CW -FFAH-01610.114145-SPS-1-23-HS0813288 23.Undivided all of grantor's interest in all oil, gas and other mineral rights reserved in the instrument set forth below, and any and all assignments thereof or interests therein: Reserved by: Fort Collins Land I, LLC et al Recording Date: December 10, 2021 Recording No.:20210115374 24.Terms, conditions, provisions, agreements and obligations contained in the Post-Closing Option Agreement disclosed by Memorandum of Post-Closing Option Agreement as set forth below: Recording Date: December 10, 2021 Recording No:20210115375 25.Undivided all of grantor's interest in all oil, gas and other mineral rights reserved in the instrument set forth below, and any and all assignments thereof or interests therein: Reserved by: Fort Collins Land I, LLC et al Recording Date: December 22, 2021 Recording No.:20210115377 26.Terms, conditions, provisions, agreements and obligations contained in the Post-Closing Option Agreement disclosed by Memorandum of Post-Closing Option Agreement as set forth below: Recording Date: December 22, 2021 Recording No:20210115378 27.Undivided all of grantor's interest in all oil, gas and other mineral rights reserved in the instrument set forth below, and any and all assignments thereof or interests therein: Reserved by: Fort Collins Land I, LLC and Fort Collins Land II, LLC Recording Date: December 22, 2021 Recording No.:20210115407 28.Terms, conditions, provisions, agreements and obligations contained in the Post-Closing Option Agreement disclosed by Memorandum of Post-Closing Option Agreement as set forth below: Recording Date: December 22, 2021 Recording No:20210115409 29.All matters shown on the ALTA/NSPS Land Title Survey recorded April 6, 2022 at Reception No.20220022122 30.Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Purpose: Waterline Recording Date: March 31, 1995 Recording No:95018082 COMMONWEALTH LAND TITLE INSURANCE COMPANY COMMITMENT NO.HS0813288 SCHEDULE B, PART II EXCEPTIONS (continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 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. ALTA Commitment for Title Insurance (08/01/2016)Printed: 01.20.23 @ 01:55 PM Page 13 CO-CW -FFAH-01610.114145-SPS-1-23-HS0813288 31.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: the City of Fort Collins, Colorado, a Municipal Corporation Purpose: Slope and drainage Recording Date: January 29, 2008 Recording No:20080005821 END OF SCHEDULE B, PART II This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 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. ALTA Commitment for Title Insurance (08/01/2016)Printed: 01.20.23 @ 01:55 PM Page 14 CO-CW -FFAH-01610.114145-SPS-1-23-HS0813288 COMMONWEALTH LAND TITLE INSURANCE COMPANY COMMITMENT NO.HS0813288 COMMITMENT CONDITIONS 1. DEFINITIONS (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: (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 counter-signature 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 (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: (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. (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 (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. COMMONWEALTH LAND TITLE INSURANCE COMPANY COMMITMENT NO.HS0813288 (continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 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. ALTA Commitment for Title Insurance (08/01/2016)Printed: 01.20.23 @ 01:55 PM Page 15 CO-CW -FFAH-01610.114145-SPS-1-23-HS0813288 (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 Two Million And No/100 Dollars ($2,000,000.00) 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. END OF CONDITIONS This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 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. ALTA Commitment for Title Insurance (08/01/2016)Printed: 01.20.23 @ 01:55 PM Page 16 CO-CW -FFAH-01610.114145-SPS-1-23-HS0813288 DISCLOSURE STATEMENT Pursuant to Section 38-35-125 of Colorado Revised Statutes and Colorado Division of Insurance Regulation 8-1-2 (Section 5), if the parties to the subject transaction request us to provide escrow-settlement and disbursement services to facilitate the closing of the transaction, then all funds submitted for disbursement must be available for immediate withdrawal. Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph H, requires that "Every title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title insurance commitment, other than the effective date of the title insurance commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owners policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed". Provided that Heritage Title Company - Greeley conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception No. 5 in Schedule B-2 will not appear in the Owner's Title Policy and Lender's Title Policy when issued. Colorado Division of Insurance Regulation 8-1-2, Paragraph M of Section 5, requires that prospective insured(s) of a single family residence be notified in writing that the standard exception from coverage for unfiled Mechanics or Materialmans Liens may or may not be deleted upon the satisfaction of the requirement(s) pertinent to the transaction. These requirements will be addressed upon receipt of a written request to provide said coverage, or if the Purchase and Sale Agreement/Contract is provided to the Company then the necessary requirements will be reflected on the commitment. Colorado Division of Insurance Regulation 8-1-3, Paragraph C. 11.f. of Section 5 - requires a title insurance company to make the following notice to the consumer: “A closing protection letter is available to be issued to lenders, buyers and sellers.” 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 (Nonresident Withholding). Section 39-14-102 of Colorado Revised Statutes requires that a Real Property Transfer Declaration accompany any conveyance document presented for recordation in the State of Colorado. Said Declaration shall be completed and signed by either the grantor or grantee. Recording statutes contained in Section 30-10-406(3)(a) of the Colorado Revised Statutes require 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 a document that does not conform to requirements of this paragraph. Section 38-35-109 (2) of the Colorado Revised Statutes, requires that a notation of the purchasers legal address, (not necessarily the same as the property address) be included on the face of the deed to be recorded. Regulations of County Clerk and Recorder's offices require that all documents submitted for recording must contain a return address on the front page of every document being recorded. Pursuant to Section 10-11-122 of the Colorado Revised Statutes, the Company is required to disclose the following information: The subject property may be located in a special taxing district. DISCLOSURE STATEMENT (continued) This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 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. ALTA Commitment for Title Insurance (08/01/2016)Printed: 01.20.23 @ 01:55 PM Page 17 CO-CW -FFAH-01610.114145-SPS-1-23-HS0813288 A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. Information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder or the County Assessor. Pursuant to Section 10-11-123 of the Colorado Revised Statutes, when it is determined that a mineral estate has been severed from the surface estate, the Company is required to disclose the following information: 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: Notwithstanding anything to the contrary in this Commitment, if the policy to be issued is other than an ALTA Owner's Policy (6/17/06), the policy may not contain an arbitration clause, or the terms of the arbitration clause may be different from those set forth in this Commitment. If the policy does contain an arbitration clause, and the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Wire Fraud Alert Page 18 Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 HS0813288AA - WIRE0016 (DSI Rev. 12/07/17) TM and © Fidelity National Financial, Inc. and/or an affiliate. All rights reserved WIRE FRAUD ALERT This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire-fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation:Internet Crime Complaint Center: http://www.fbi.gov http://www.ic3.gov Privacy Statement Printed: 01.20.23 @ 01:55 PM by V COD1274.doc Page 19 CO-CW -FFAH-01610.114145-HS0813288 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Effective August 1, 2021 Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary's website and this Privacy Notice does not apply. Collection of Personal Information FNF may collect the following categories of Personal Information: contact information (e.g., name, address, phone number, email address); demographic information (e.g., date of birth, gender, marital status); identity information (e.g. Social Security Number, driver's license, passport, or other government ID number); financial account information (e.g. loan or bank account information); and other personal information necessary to provide products or services to you. We may collect Personal Information about you from: information we receive from you or your agent; information about your transactions with FNF, our affiliates, or others; and information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. Collection of Browsing Information FNF automatically collects the following types of Browsing Information when you access an FNF website, online service, or application (each an "FNF Website") from your Internet browser, computer, and/or device: Internet Protocol (IP) address and operating system; browser version, language, and type; domain name system requests; and browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser. Links to Other Sites. FNF Websites may contain links to unaffiliated third-party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit. Privacy Statement Printed: 01.20.23 @ 01:55 PM by V COD1274.doc Page 20 CO-CW-FFAH-01610.114145-HS0813288 Use of Personal Information FNF uses Personal Information for three main purposes: To provide products and services to you or in connection with a transaction involving you. To improve our products and services. To communicate with you about our, our affiliates', and others' products and services, jointly or independently. When Information Is Disclosed We may disclose your Personal Information and Browsing Information in the following circumstances: to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. 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For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the "California Privacy" link on our website (https://fnf.com/pages/californiaprivacy.aspx) or call (888) 413-1748. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888)714-2710 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Privacy Statement Printed: 01.20.23 @ 01:55 PM by V COD1274.doc Page 21 CO-CW-FFAH-01610.114145-HS0813288 Information From Children The FNF Websites are not intended or designed to attract persons under the age of eighteen (18). 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The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or as required by law or in the good-faith belief that such disclosure is necessary: to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. Your Consent To This Privacy Notice; Notice Changes By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The Privacy Notice's effective date will show the last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice. Accessing and Correcting Information; Contact Us If you have questions, would like to correct your Personal Information, or want to opt-out of information sharing for affiliate marketing, visit FNF's Opt Out Page or contact us by phone at (888) 714-2710 or by mail to: Fidelity National Financial, Inc. 601 Riverside Avenue, Jacksonville, Florida 32204 Attn: Chief Privacy Officer