HomeMy WebLinkAboutLINDENMEIER ESTATE - BDR240012 - SUBMITTAL DOCUMENTS - ROUND 1 - Supporting Documentation (5) American Land Title Association Commitment for Title Insurance
2021 v.01.00(07-01-2021)
WESTCOR ALTA COMMITMENT FOR TITLE INSURANCE
issued by
WESTCOR LAND TITLE INSURANCE COMPANY
NOTICE
IMPORTANT — READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION
OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO
DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE
COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO
EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED
IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE
COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER
PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I — Requirements; Schedule B, Part II — Exceptions; and the Commitment Conditions,
Westcor Land Title Insurance Company, a(n)South Carolina 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 Amount of Insurance and the name of the Proposed Insured.
If all of the Schedule B, Part I —Requirements have not been met within 180 days after the Commitment Date, this Commitment
terminates and the Company's liability and obligation end.
COMMITMENT CONDITIONS
1. DEFINITIONS
a. "Discriminatory Covenant": Any covenant, condition, restriction, or limitation that is unenforceable under applicable
law because it illegally discriminates against a class of individuals based on personal characteristics such as race,
color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally
protected class.
b. "Knowledge" or "Known": Actual knowledge or actual notice, but not constructive notice imparted by the Public
Records.
C. "Land":The land described in Item 5 of Schedule A and improvements located on that land that by State law constitute
real property.The term"Land"does not include any property beyond that described in Schedule A, nor any right,title,
interest,estate,or easement in any abutting street,road,avenue,alley,lane,right-of-way, body of water,or waterway,
but does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
d. "Mortgage":A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including
one evidenced by electronic means authorized by law.
e. "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.
f. "Proposed Amount of Insurance": Each dollar amount specified in Schedule A as the Proposed Amount of Insurance
of each Policy to be issued pursuant to this Commitment.
g. "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued
pursuant to this Commitment.
h. "Public Records": The recording or filing system established under State statutes in effect at the Commitment Date
under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a
purchaser for value without Knowledge. The term "Public Records" does not include any other recording or filing
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid
without the Notice;the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule 8, Part I—Requirements;and Schedule 8, Part
11—Exceptions;and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association.All rights reserved. �
AM HiCAN
The use of this Form(or any derivative thereof)is restricted to ALTA licensees and LAND,III r
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.
Page 1 of 7
American Land Title Association Commitment for Title Insurance
2021 v.01.00(07-01-2021)
system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing,
building, health, public safety, or national security matters.
i. "State": The state or commonwealth of the United States within whose exterior boundaries the Land is located. The
term "State" also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and
Guam.
j. "Title": The estate or interest in the Land identified in Item 3 of 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 is not 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 is not 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 is only liable 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 does not exceed the lesser of the Proposed Insured's actual expense incurred in good faith
and described in Commitment Condition 5.a. or the Proposed Amount of Insurance.
e. The Company is not liable for the content of the Transaction Identification Data, if any.
f. The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part
—Requirements have been met to the satisfaction of the Company.
g. The Company's liability is further limited by the terms and provisions of the Policy to be issued to the Proposed
Insured.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM
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 under the State law of the State where the Land is located and is restricted to
the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured
against the Company must be filed only in a State or federal court having jurisdiction.
C. 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.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid
without the Notice;the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule 8, Part I—Requirements;and Schedule 8, Part
11—Exceptions;and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association.All rights reserved. A
n,wi Hicn v
The use of this Form(or any derivative thereof)is restricted to ALTA licensees and [AND T 111 r
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.
Page 2 of 7
American Land Title Association Commitment for Title Insurance
2021 v.01.00(07-01-2021)
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 IS 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 closing, settlement, escrow, or any other purpose.
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. CLAIMS PROCEDURES
This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed
Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6.
10. CLASS ACTION
ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE
OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT
PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING
RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS
PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING.ANY POLICY
ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION.
11. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is $2,000,000 or
less may be arbitrated at the election 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.
WESTCOR LAND TITLE INSURANCE COMPANY
875 Concourse Parkway South Suite 200, Maitland, FL
32751
/1111HIII�i ,ram r
s � By: s
President
'1111�••1`'
By:
Secretary
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid
without the Notice;the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule 8, Part I—Requirements;and Schedule B, Part
11—Exceptions;and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association.All rights reserved. �
AMERICAN
The use of this Form(or any derivative thereof)is restricted to ALTA licensees and LAND TITLE
ALTA members in good standing as of the date of use.All other uses are prohibited. ASSOCIATION
Reprinted under license from the American Land Title Association.
Page 3 of 7 Xt
American Land Title Association Commitment for Title Insurance
2021 v.01.00(07-01-2021)
Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment Condition
5.e..
Issuing Agent: NuWay Title & Escrow
Issuing Office: 200 S. College Avenue, Suite 160
Fort Collins, CO 80524
Issuing Office's ALTA° Registry ID:
Loan ID Number:
Commitment Number: 44518
Issuing Office File Number: 44518
Property Address: 741 Lindenmeier Road, Fort Collins, CO 80524
Revision Number:
SCHEDULE A
1. Commitment Date: August 27, 2024 8:00 AM
2. Policy to be issued:
(a) 2021 ALTA Owner's Policy
Proposed Insured:
Proposed Amount of Insurance: $1.00
Policy Premium: $200.00
The estate or interest to be insured: fee simple
3. The estate or interest in the Land at the Commitment Date is:
fee simple
4. The Title is, at the Commitment Date, vested in:
Meredith E. Glover
5. The land is described as follows:
The land is described as set forth in Exhibit A attached hereto and made a part hereof.
NUWAY TITLE & ESCROW WESTCOR LAND TITLE INSURANCE COMPANY
200 S. College Avenue, Suite 160, Fort Collins, CO 875 Concourse Parkway South Suite 200, Maitland,
80524 FL 32751
Telephone: (970) 689-6188
Countersigned by: """"•.
�)
y
President
10
Robin Nash, License#30599 _
NuWay Title& Escrow, License#728717
By:
Secretary
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid
without the Notice;the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule 8, Part I—Requirements;and Schedule 8, Part
11—Exceptions;and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association.All rights reserved. �
AM E RI CAN
The use of this Form(or any derivative thereof)is restricted to ALTA licensees and LAND TITLE
ALTA members in good standing as of the date of use.All other uses are prohibited. ASSOCIATION
Reprinted under license from the American Land Title Association.
Page 4 of 7
American Land Title Association Commitment for Title Insurance
2021 v.01.00(07-01-2021)
SCHEDULE B, PART I—Requirements
All of the following Requirements must be met:
1. 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.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Company.
4. 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. Please be advised that our search did not disclose any open Deeds of Trust of record. If you have knowledge of an
outstanding obligation, please contact us immediately for further review prior to closing.
6. NOTE: The only conveyance(s) affecting said land recorded within 24 months of the date of this commitment is
(are) as follows:
Deed from Zachary Bekkedahl to Meredith E. Glover recorded 11/15/2022 at 202200670764 in the amount of
$206,000.00, in the Clerk and Recorder of Larimer County, State of Colorado.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid
without the Notice;the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule 8, Part I—Requirements;and Schedule B, Part
11—Exceptions;and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association.All rights reserved. A
n,wi Hicn v
The use of this Form(or any derivative thereof)is restricted to ALTA licensees and [AND T 111 r
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.
Page 5 of 7
American Land Title Association Commitment for Title Insurance
2021 v.01.00(07-01-2021)
SCHEDULE B, PART II— Exceptions
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This
Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each
Discriminatory Covenant is redacted,repudiated, removed,and not republished or recirculated.Only the remaining
provisions of the document will be excepted from coverage.
The Policy will not insure against loss or damage resulting from the terms and conditions 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 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.
2. Rights or Claims of parties in possession not shown by the public records.
3. Easements or claims of easements not shown by the public records.
4. Discrepancies, conflicts in boundary lines, encroachments, overlaps, variations or shortage in area or content,
party walls and any other matters that would be disclosed by a correct survey and/or physical inspection of the
land.
5. Any lien, or right to a lien, for services, labor or materials heretofore or hereafter furnished, imposed by law and not
shown by public records.
6. Any water or well rights, or rights or title to water or claims thereof, in, on or under the land.
7. Unpatented mining claims; reservations or exceptions in patents or in the Acts authorizing the issuance of said
patents.
8. All taxes, assessments, levies and charges which constitute liens or are due or payable including unredeemed tax
sales.
9. Taxes for the year 2024 and Subsequent Years only. Taxes not yet due or Payable.
10. Covenants, conditions and restrictions, which do not contain a forfeiture or reverter clause, as set forth in
Deed recorded February 6, 1928 in Book 568 at Page 445.
11. Reservation of a perpetual easement for pipeline, powerline and underground water and sewer purposes by
the Great Western Sugar Company contained in deed recorded February 6, 1928 in Book 568 at Page 445 .
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid
without the Notice;the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule 8, Part I—Requirements;and Schedule B, Part
11—Exceptions;and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association.All rights reserved. A
n,��i HiCn v
The use of this Form(or any derivative thereof)is restricted to ALTA licensees and LAND,I,I r
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.
Page 6 of 7
American Land Title Association Commitment for Title Insurance
2021 v.01.00(07-01-2021)
EXHIBIT "A"
The Land referred to herein below is situated in the County of Larimer, State of Colorado and is described as follows:
That portion of the Southeast quarter of Section 1, Township 7 North, Range 69 West of the 6th P.M,
described as follows: Commencing 45.5 feet North and 30 feet West and again 476.6 feet North of the
Southeast corner of said Section 1, thence West 136 feet; thence North 43 feet; thence East 136 feet; thence
South 43 feet to the place of beginning, County of Larimer, State of Colorado
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid
without the Notice;the Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule 8, Part I—Requirements;and Schedule 8, Part
11—Exceptions;and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association.All rights reserved. A
n,��i HiCn v
The use of this Form(or any derivative thereof)is restricted to ALTA licensees and [AND,M r
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.
Page 7 of 7