HomeMy WebLinkAboutSupporting Documentation - 09/19/2025LAND TITLE GUARANTEE COMPANY
Date: September 19, 2025
Subject: Attached Title Policy/Guarantee
Enclosed please find your product relating to the property located at 914 SOUTH COLLEGE AVENUE AND 917 AND
927 REMINGTON STREET, Fort Collins, CO 80524.
If you have any inquiries or require further assistance, please contact Land Title Customer Care Team at (970) 305-
8298 or customercare@ltgc.com
Chain of Title Documents:
Larimer county recorded 10/31/2024 under reception no.
46481
Plat Map(s):
Larimer county recorded 01/22/1890 under reception no.
32874
Property Information Binder
CONDITIONS AND STIPULATIONS
1. Definition of Terms
The following terms when used in this Binder mean:
2. Exclusions from Coverage of this Binder
The company assumes no liability including cost of defense by reason of the following:
3. Prosecution of Actions
1. The Company shall have the right at its own costs to institute and prosecute any action or proceeding
or do any other act which in its opinion may be necessary or desirable to establish or confirm the
matters herein assured; and the Company may take any appropriate action under the terms of this
Binder, whether or not it shall be liable thereunder and shall not thereby concede liability or waive any
provision hereof.
2. In all cases where the Company does not institute and prosecute any action or proceeding, the
Assured shall permit the Company to use, at its option, the name of the Assured for this purpose.
Whenever requested by the Company, the Assured shall give the Company all reasonable aid in
prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense
so incurred.
4. Notice of Loss - Limitation of Action
A statement in writing of any loss or damage for which it is claimed the Company is liable under this Binder
shall be furnished to the Company within sixty days after such loss or damage shall have been determined,
and no right of action shall accrue to the Assured under this Binder until thirty days after such statement shall
have been furnished, and no recovery shall be had by the Assured under this Binder unless action shall be
commenced thereon with two years after expiration of the thirty day period. Failure to furnish the statement
of loss or damage or to commence the action within the time herinbefore specified, shall be conclusive bar
against maintenance by the Assured of any action under this Binder.
5. Option to Pay, Settle or Compromise Claims
"Land": The land described, specifically or by reference, in this Binder and improvements affixed
thereto which by law constitute real property;
(a)
"Public Records"; those records which impart constructive notice of matters relating to said land;(b)
"Date": the effective date;(c )
"the Assured": the party or parties named as the Assured in this Binder, or in a supplemental writing
executed by the Company;
(d)
"the Company" means Old Republic National Title Insurance Company, a Minnesota stock company.(e)
Taxes or assessments which are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; taxes and assessments not yet
due or payable and special assessments not yet certified to the Treasurer's office.
(a)
Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance
thereof; water rights, claims or title to water.
(b)
Title to any property beyond the lines of the Land, or title to streets, roads, avenues, lanes, ways or
waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any
other structure or improvement; or any rights or easements therein unless such property, rights or
easements are expressly and specifically set forth in said description.
(c )
Mechanic's lien(s), judgment(s) or other lien(s).(d)
Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered or agreed to by
the Assured;(b) not known to the Company, not recorded in the Public Records as of the Date, but
known to the Assured as ofthe Date; or (c) attaching or creating subsequent to the Date.
(e)
The Company shall have the option to pay, settle or compromise for or in the name of the Assured any claim
which could result in loss to the Assured within the coverage of this Binder, or to pay the full amount of this
Binder. Such payment or tender of payment of the full amount of the Binder shall terminate all liability of the
Company hereunder.
6. Limitation of Liability - Payment of Loss
7. Subrogation Upon Payment or Settlement
Whenever the Company shall have settled a claim under this Binder, all right of subrogation shall vest in the
Company unaffected by any act of the Assured, and it shall be subrogated to and be entitled to all rights and
remedies which the Assured would have had against any person or property in respect to the claim had this
Binder not been issued. If the payment does not cover the loss of the Assured, the Company shall be
subrogated to the rights and remedies in the proportion which the payment bears to the amount of said loss.
The Assured, if requested by the Company, shall transfer to the Company all rights and remedies against any
person or property necessary in order to perfect the right of subrogation, and shall permit the Company to use
the name of the Assured in any transaction or litigation involving the rights or remedies.
8. Binder Entire Contract
Any action or actions or rights of action that the Assured may have or may bring against the Company arising
out of the subject matter hereof must be based on the provisions of this Binder. No provision or condition of
this Binder can be waived or changed except by a writing endorsed or attached hereto signed by the President,
a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company.
9. Notices. Where Sent
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 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-
1111.
10. Arbitration
Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the
Title Insurance Arbitration Rules of the American Arbitration Association.
ANTI-FRAUD STATEMENT: Pursuant to CRS 10-1-128(6)(a), it is unlawful to knowingly provide false,
incomplete or misleading facts or information to an insurance company for the purpose of defrauding or
attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil
damages. Any insurance company or agent of an insurance company who knowingly provides false,
incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or
attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance
proceeds shall be reported to the Colorado division of insurance within the department of regulatory agencies.
The liability of the Company under this Binder shall be limited to the amount of actual loss sustained by
the Assured because of reliance upon the assurances herein set forth, but in no event shall the liability
exceed the amount of the liability stated on the face page hereof.
(a)
The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for
the Assured, and all costs and attorneys' fees in litigation carried on by the Assured with the written
authorization of the Company.
(b)
No claim for loss or damages shall arise or be maintainable under this Binder (1) if the Company after
having received notice of any alleged defect, lien or encumbrance not shown as an Exception or
excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of
such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without
written consent of the Company.
(c )
All payments under this Binder, except for attorney's fees as provided for in paragraph 6(b) thereof,
shall reduce the amount of the liability hereunder pro tanto, and no payment shall be made without
producing this Binder or an acceptable copy thereof for endorsement of the payment unless the Binder
be lost or destroyed, in which case proof of the loss or destruction shall be furnished to the satisfaction
of the Company.
(d)
When liability has been definitely fixed in accordance with the conditions of this Binder, the loss or
damage shall be payable within thirty days thereafter.
(e)
This anti-fraud statement is affixed and made a part of this policy.
Issued by:
Land Title Guarantee Company
3033 East First Avenue Suite 600
Denver, Colorado 80206
303-321-1880
Craig B. Rants, Senior Vice President
Liability:$50,000.00
Fee:$540.00
Subject to the exclusions from coverage, the limits of liability and other provisions of the Conditions and
Stipulations hereto annexed and made a part of this Binder,
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY a Corporation, herein called the Company,
GUARANTEES
TRIBE DEVELOPMENT COMPANY
Herein called the Assured, against loss, not exceeding the liability amount stated above, which the assured
shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that,
according to the public records as of
September 16, 2025 at 5:00 P.M.
1. Title to said estate or interest at the date hereof is vested in:
BUXTONHOTEL, LLC, A COLORADO LIMITED LIABILITY COMPANY
2. The estate or interest in the land hereinafter described or referred to covered by this Binder :
FEE SIMPLE
3. The Land referred to in this Binder is described as follows:
THE WEST 1/2 OF BLOCK 129, CITY OF FORT COLLINS, LARIMER COUNTY, COLORADO, EXCEPT THE
NORTH 76.5 FEET THEREOF;
AND
THE EAST 1/2 OF BLOCK 129, CITY OF FORT COLLINS, LARIMER COUNTY, COLORADO, EXCEPT THE EAST
85 FEET OF LOTS 13 AND 14, AND ALSO EXCEPT THE NORTH 5.44 FEET OF LOT 21 AND EXCEPT ALL OF
LOTS 22, 23, AND 24;
TOGETHER WITH THAT PORTION OF THE VACATED ALLEY ADJACENT THERETO AS VACATED BY
ORDINANCE NO. 19, RECORDED MAY 25, 1972 IN BOOK 1504 AT PAGE 935.
(BEING A PORTION OF LOT 4, ALL OF LOTS 5-12, AND A PORTION OF LOTS 13 AND 14 AND ALL OF LOTS
15-20 AND A PORTION OF LOT 21, BLOCK 129).
4. The following documents affect the land:
1.ANY EXISTING LEASES OR TENANCIES.
Old Republic National Title Insurance Company
PROPERTY INFORMATION BINDER
Order Number: FCIF25219132 Policy No.: PIB25219132.29210826
2.RIGHT OF WAY EASEMENT AS GRANTED TO CITY OF FORT COLLINS IN INSTRUMENT RECORDED MAY
25, 1972, IN BOOK 1504 AT PAGE 935.
3.TERMS, CONDITIONS AND PROVISIONS OF EASEMENT AGREEMENT RECORDED APRIL 19, 2021 UNDER
RECEPTION NO. 20210039355. AMENDMENTS TO EASEMENT AGREEMENT RECORDED JUNE 1, 2021 AT
RECEPTION NO. 20210053725 AND JULY 2, 2024 AT RECEPTION NO. 20240027009.
4.DEED OF TRUST DATED OCTOBER 31, 2024, FROM BUXTONHOTEL, LLC, A COLORADO LIMITED
LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF LARIMER COUNTY, COLORADO FOR THE USE OF
ALPINE BANK TO SECURE THE SUM OF $7,500,000.00 RECORDED OCTOBER 31, 2024, UNDER
RECEPTION NO. 20240046482.
SAID DEED OF TRUST WAS FURTHER SECURED IN ASSIGNMENT OF RENTS RECORDED OCTOBER 31,
2024, UNDER RECEPTION NO. 20240046483.
5.ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE
MATTERS SHOWN ON ALTA/NSPS LAND TITLE SURVEY CERTIFIED JANUARY 24, 2024 PREPARED BY
MAJESTIC SURVEYING, JOB #2023410ALTA, INCLUDING BUT NOT LIMITED TO:
A. ENCROACHMENT OF WALL AND BOX IN NORTHWEST CORNER
B. SIGNS, BRICK PLANTER, PARKING SPACES, FENCED AREA, LANDSCAPING ARE OUTSIDE THE
PROPERTY LINES
C. ENCROACHMENT OF BUILDING, FENCING, LANDSCAPING ONTO REMINGTON STREET
D. SURVEYOR'S NOTES
E. FENCES, FIRE PITS, BENCHES OUTSIDE OF PROPERTY LINES, INSIDE EASEMENT FOR PARKING,
INGRESS AND EGRESS
F. SHED ON UTILITY EASEMENT
G. OVERHEAD UTILITY LINES ARE OUTSIDE OF EASEMENT
H. FENCES DO NOT COINCIDE WITH THE PROPERTY LINES
SAID DOCUMENT STORED AS IMAGE 64956646 AND RECORDED APRIL 5, 2024 AT RECEPTION NO.
20240013142
NOTE: ADDITIONAL UPDATES TO THE EFFECTIVE DATE OF THE BINDER MAY BE REQUESTED BY THE
PROPOSED INSURED. ONE UPDATE IS INCLUDED WITH THIS BINDER AT NO ADDITIONAL COST. ANY
ADDITIONAL UPDATES WILL BE ISSUED AT THE COST OF $135 PER UPDATE. FOR EACH UPDATE
PROVIDED, A REVISED BINDER WILL BE ISSUED SHOWING A NEW EFFECTIVE DATE AND ANY
MATTERS RECORDED SINCE THE EFFECTIVE DATE OF THE PREVIOUS BINDER.
THIS PRODUCT WILL ONLY BE UPDATED FOR 24 MONTHS FOLLOWING THE EFFECTIVE DATE OF THE
ORIGINAL BINDER.
NOTE: THIS BINDER DOES NOT REFLECT THE STATUS OF TITLE TO WATER RIGHTS OR
REPRESENTATION OF SAID RIGHTS, RECORDED OR NOT.
NOTE: THIS BINDER IS NOT A REPORT OR REPRESENTATION AS TO MINERAL INTERESTS, AND
SHOULD NOT BE USED, OR RELIED UPON, IN CONNECTION WITH THE NOTICE REQUIREMENTS THAT
ARE SET FORTH IN CRS 24-65.5-103.
Old Republic National Title Insurance Company
PROPERTY INFORMATION BINDER
Order Number: FCIF25219132 Policy No.: PIB25219132.29210826