HomeMy WebLinkAboutMOSAIC CONDOS - FDP200012 - SUBMITTAL DOCUMENTS - ROUND 2 - SUPPLEMENTAL INFORMATION2510 E. Harmony Road Ste 201
Fort Collins, CO 80528
DATE: January 23, 2020
FILE NUMBER: 459-H0495564-081-TMY, Amendment No. 4
PROPERTY ADDRESS: vacant land, Fort Collins, CO
BUYER/BORROWER: Purchaser with contractual rights under a purchase agreement with the vested owner identified at Item 4 below
OWNER(S): East Ridge Holding, LLC, a Colorado limited liability company
YOUR REFERENCE NUMBER: East Ridge Fourth Filing
PLEASE TAKE NOTE OF THE FOLLOWING REVISED TERMS CONTAINED HEREIN:
Updated effective date, amended legal description and Req. G, deleted Exc. 9, 10, 17, 18, 23 and 24
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, Inc.
2510 E. Harmony Road Ste 201
Fort Collins, CO 80528
ATTN: Theresa Myers
PHONE: (970) 493-3051
FAX: (866) 871-2840
E-MAIL: thmyers@heritagetco.com
TO: Hartford Homes
4801 Goodman St
Timnath, CO 80547
ATTN: Hunter Donaldson
PHONE: (970) 674-1109
FAX: (970) 674-0203
E-MAIL: hunter@hartfordco.com
TO: Fort Collins Escrow
2510 E. Harmony Road Ste 201
Fort Collins, CO 80528
ATTN: Theresa Myers
PHONE: (970) 493-3051
FAX: (866) 871-2840
E-MAIL: thmyers@heritagetco.com
END OF TRANSMITTAL
01/23/2020 11:28 AM Commitment No.: 459-H0495564-081-TMY, Amendment No. 4
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
Commonwealth Land Title Insurance Company
COMMITMENT
SCHEDULE A
Commitment No: 459-H0495564-081-TMY, Amendment No. 4
1. Effective Date: January 16, 2020 at 7:00 A.M.
2. Policy or policies to be issued:
Proposed Insured Policy Amount
(a) ALTA Owners Policy 6-17-06 $100,000.00
Purchaser with contractual rights under a purchase agreement with the vested owner
identified at Item 4 below
(b) None $0.00
$
3. The estate or interest in the land described or referred to in this Commitment is:
A Fee Simple
4. Title to the estate or interest in the land is at the Effective Date vested in:
East Ridge Holding, LLC, a Colorado limited liability company
5. The land referred to in this Commitment is described as follows:
See Attached Legal Description
(for informational purposes only) vacant land, Fort Collins, CO
PREMIUMS:
01/23/2020 11:28 AM Commitment No.: 459-H0495564-081-TMY, Amendment No. 4
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
Attached Legal Description
Tract M, EAST RIDGE THIRD FILING, recorded January 4, 2018 as Reception No. 20180000745 of the
records of the Larimer County Recorder, located in the East Half of Section 8, Township 7 North, Range 68 West
of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado.
01/23/2020 11:28 AM Commitment No.: 459-H0495564-081-TMY, Amendment No. 4
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
SCHEDULE B – Section 1
Requirements
The following requirements must be met:
a. Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured.
b. Pay us the premiums, fees and charges for the policy.
c. Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent.
d. Evidence that any and all assessments for common expenses, if any, have been paid.
e. 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): East Ridge Holding, LLC, a Colorado limited liability company
The Company reserves the right to add additional items or make further requirements after review of the
requested Affidavit.
f. Deed sufficient to convey the fee simple estate or interest in the Land described or referred to herein, to
the Proposed Insured Purchaser.
g. Furnish for recordation a partial release of deed of trust:
Amount: $1,500,000.00
Trustor/Grantor: Hartford Construction, LLC, a Colorado limited liability company
Trustee: Public Trustee of Larimer County
Beneficiary: First Advantage
Recording Date: January 2, 2020
Recording No: 20200000232.
Disburser’s Notice recorded January 2, 2020 at Reception Number 20200000233.
h. 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. The
Company may amend this commitment to add, among other things, additional exceptions or requirements
after the designation of the Proposed Insured.
NOTE: Exception number 5 will be removed from the policy provided the company conducts the closing.
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 August 2, 2016 at 20160050077
END OF REQUIREMENTS
01/23/2020 11:28 AM Commitment No.: 459-H0495564-081-TMY, Amendment No. 4
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
SCHEDULE B – Section 2
Exceptions
Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction:
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 encroachments, encumbrances, 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 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.
6. Water rights, claims of title to water, whether or not these matters are shown by the Public Records.
7. All taxes and assessments, now or heretofore assessed, due or payable.
8. Reservations contained in the Patents recorded September 22, 1875 in Book I at Page 63 which among
other things recite 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; and
the reservation from the lands hereby granted of a right of way thereon for ditches or canals constructed
by the authority of the United States.
9. Intentionally omitted.
10. Intentionally omitted.
11. Any loss or damage arising from the fact that the fence lines do not coincide with the exact property lines.
12. Terms, conditions, provisions, agreements and obligations specified under the East Ridge Annexation
Ordinance recorded May 13, 2002 at Reception No. 2002052493.
13. All matters as shown on the annexation map recorded May 13, 2002 at Reception No. 2002052494.
14. Terms, conditions, provisions, agreements and obligations specified under the contracts dated April 24-
25, 1878 by and between Z.C. Plummer, Clara McGinley and Benjamin H. Eaton as evidenced by
Assignment and Assumption of Contracts recorded December 6, 2002 at Reception No. 2002132129.
01/23/2020 11:28 AM Commitment No.: 459-H0495564-081-TMY, Amendment No. 4
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
15. Terms, conditions, provisions, agreements and obligations specified under the Agreement by and between
Tri-Trend, Inc. and E. H. Barker and Patricia R. Barker recorded December 6, 2002 at 2002132134.
16. Terms, conditions, provisions, agreements and obligations contained in the Development Agreement as
set forth below:
Recording Date: July 29, 2009
Recording No.: 20090052392.
17. Intentionally omitted.
18. Intentionally omitted.
19. Terms, conditions, provisions, agreements and obligations contained in the Agreement Concerning
Development of Sanitary Sewer as set forth below:
Recording Date: March 10, 2010
Recording No.: 20100013605.
First Amendment recorded November 18, 2016 at 20160079570.
20. Terms, conditions, provisions, agreements and obligations contained in the Development Agreement
Between the City of Fort Collins and East Ridge Holding, LLC as set forth below:
Recording Date: July 22, 2016
Recording No.: 20160047380.
Amendment recorded December 22, 2016 at 20160089389 and Amendment Agreement No. 2 recorded
May 8, 2017 at 20170029885 and Amendment Agreement No. 3 recorded December 22, 2017 at
Reception Number 20170085864 and Amendment Agreement No. 4 recorded June 10, 2019 at Reception
Number 20190031460.
21. Terms, conditions, restrictions, provisions, notes and easements as set forth on the Plat of East Ridge
Second Filing as set forth below:
Recording Date: July 22, 2016
Recording No: 20160047573
Note: Resolution No. AD17-34 of the Director of Planning, Development and Transportation Service
Unit of the City of Fort Collins Vacating Irrigation Easements on Tracts B, AA, and BB, East Ridge
Second Filing was recorded August 3, 2017 at 20170051846.
22. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not
limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status,
disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender
expression, medical condition or genetic information, as set forth in applicable state or federal laws,
except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the
document
01/23/2020 11:28 AM Commitment No.: 459-H0495564-081-TMY, Amendment No. 4
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
Recording Date: August 2, 2016
Recording No: 20160050079
Collateral Assignment of Declarant’s Rights recorded August 3, 2016 at 20160050590.
First Amendment to Master Declaration recorded August 2, 2018 at Reception Number 20180047684.
Note: The subject property is included in Exhibit C of said declaration, additional property that may be
annexed to the community during the Special Declarant Control Period. Said property has not been
annexed.
23. Intentionally omitted.
24. Intentionally omitted.
25. Terms, conditions, provisions, agreements and obligations contained in the Permanent Exclusive Water
Pipeline Easement as set forth below:
Recording Date: November 9, 2017
Recording No.: 20170075563.
26. Terms, conditions, provisions, agreements and obligations contained in the Development Agreement as
set forth below:
Recording Date: December 22, 2017
Recording No.: 20170085863.
And Amendment Agreement No. 1 recorded June 10, 2019 at Reception Number 20190031459.
27. Terms, conditions, restrictions, provisions, notes and easements as set forth on the Plat of East Ridge
Third Filing set forth below:
Recording Date: January 4, 2018
Recording No: 20180000745.
END OF EXCEPTIONS
01/23/2020 11:28 AM Commitment No.: 459-H0495564-081-TMY, Amendment No. 4
AFFIDAVIT AND INDEMNITY AGREEMENT
TO Heritage Title Company, Inc. a Colorado Corporation and Commonwealth Land Title Insurance Company, a Nebraska Corporation.
1. This is written evidence to you that there are no unpaid bills, and to the extent there may be unpaid bills, that the undersigned
undertakes and agrees to cause the same to be paid such that there shall be no mechanics or materialmen’s liens affecting the property
for materials or labor furnished for construction and erection, repairs or improvements contracted by or on behalf of the undersigned
on property:
legally described as:
See Attached Affidavit and Indemnity Agreement Legal Description
Property Address: vacant land, Fort Collins, CO
2. We further represent that to the actual knowledge and belief of the undersigned there are no public improvements affecting the
property prior to the date of closing that would give rise to a special property tax assessment against the property after the date of
closing.
3. We further represent that to the actual knowledge and belief of the undersigned there are no pending proceedings or unsatisfied
judgments of record, in any Court, State, or Federal, nor any tax liens filed or taxes assessed against us which may result in liens, and
that if there are judgments, bankruptcies, probate proceedings, state or federal tax liens of record against parties with same or similar
names, that they are not against us.
4. We further represent that there are no unrecorded contracts, leases, easements, or other agreements or interests relating to said
premises of which we have knowledge.
5. We further represent that to the actual knowledge and belief of the undersigned we are in sole possession of the real property
described herein other than leasehold estates reflected as recorded items under the subject commitment for title insurance.
6. We further represent that there are no unpaid charges and assessments that could result in a lien in favor of any association of
homeowners which are provided for in any document referred to in Schedule B of Commitment referenced above.
7. We further understand that any payoff figures shown on the settlement statement have been supplied to Heritage Title Company, Inc.
as settlement agent by the seller's/borrower's lender and are subject to confirmation upon tender of the payoff to the lender. If the
payoff figures are inaccurate, we hereby agree to immediately pay any shortage(s) that may exist. If applicable as disclosed or referred
to on Schedule A of Commitment referenced above.
The undersigned affiant(s) know the matters herein stated are true and indemnifies Heritage Title Company, Inc., a Colorado
Corporation and Commonwealth Land Title Insurance Company, a Nebraska Corporation against loss, costs, damages and expenses of
every kind incurred by it by reason of its reliance on the statements made herein.
This agreement is executed with and forms a part of the sale and/or financing of the above described premises, and is given in addition
to the conveyance and/or financing of the premises in consideration for the conveyance and/or financing, and forms a complete
agreement by itself for any action thereon.
SELLER:
East Ridge Holding, LLC, a Colorado limited liability
company
SELLER:
SELLER:
SELLER:
State of Colorado
County of Larimer
ss:
The foregoing instrument was acknowledged, subscribed, and sworn to before me on by East Ridge Holding,
LLC, a Colorado limited liability company.
(SEAL) Notary Public
My Commission Expires:
01/23/2020 11:28 AM Commitment No.: 459-H0495564-081-TMY, Amendment No. 4
ATTACHED AFFIDAVIT AND INDEMNITY AGREEMENT
LEGAL DESCRIPTION
Tract M, EAST RIDGE THIRD FILING, recorded January 4, 2018 as Reception No. 20180000745 of the records of the Larimer County
Recorder, located in the East Half of Section 8, Township 7 North, Range 68 West of the 6th P.M., City of Fort Collins, County of Larimer,
State of Colorado.
01/23/2020 11:28 AM Commitment No.: 459-H0495564-081-TMY, Amendment No. 4
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
COMMITMENT FOR TITLE INSURANCE
Issued by
Heritage Title Company, Inc.
AS AGENT FOR
Commonwealth Land Title Insurance Company
Commonwealth Land Title Insurance Company, a Nebraska corporation (“Company”), for a valuable
consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the
Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or
referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all
subject to the provisions of Schedule A and B and to the Conditions of this Commitment.
The Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy
or policies committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate 6 months after the Effective Date or
when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the
policy or policies is not fault of the Company.
The Company will provide a sample of the policy form upon request.
IN WITNESS WHEREOF, Commonwealth Land Title Insurance Company has caused its corporate name and
seal to be affixed by its duly authorized officers on the date shown in Schedule A.
Countersigned:
By:
Terry N. Williams
Authorized Signature
01/23/2020 11:28 AM Commitment No.: 459-H0495564-081-TMY, Amendment No. 4
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
CONDITIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim
or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than
those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing,
the Company shall be relieved from liability for any loss or damage resulting from any act of reliance
hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed
insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual
knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its
option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the
Company from liability previously incurred pursuant to paragraph 3 of these Conditions.
3. Liability of the Company under this Commitment shall be only to the named proposed insured and such
parties included under the definition of Insured in the form of policy or policies committed for and only
for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the
requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the
estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability
exceed the amount stated in Schedule A for the policies or policies committed for and such liability is
subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy
or policies committed for in favor of the proposed Insured which are hereby incorporated by reference
and are made a part of this Commitment except as expressly modified herein.
4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title
or a report of the condition of title. Any action or actions or rights of action that the proposed Insured
may have or may bring against the Company arising out of the status of the title to the estate or interest or
the status of the mortgage thereon covered by this Commitment must be based on and are subject to the
provisions of this Commitment.
5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of
Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as
the exclusive remedy of the parties. You may review a copy of the arbitration rules at
http://www.alta.org.
.
01/23/2020 11:28 AM Commitment No.: 459-H0495564-081-TMY, Amendment No. 4
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
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, Inc. 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:
o The subject property may be located in a special taxing district.
o A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the
County Treasurer's authorized agent.
o 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.
01/23/2020 11:28 AM Commitment No.: 459-H0495564-081-TMY, Amendment No. 4
Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA
members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land
Title Association.
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.
FIDELITY NATIONAL FINANCIAL, INC.
PRIVACY NOTICE
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.
Types of Information Collected
We may collect two types of information from you: Personal Information and Browsing Information.
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.
Browsing Information. FNF may automatically collect 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 mobile 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
How Personal Information is Collected
We may collect Personal Information about you from:
information we receive from you on applications or other forms;
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.
How Browsing Information is Collected
If you visit or use an FNF Website, Browsing Information may be collected during your visit. 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 other websites. FNF is not responsible for the privacy practices or the content of any of
those other websites. We advise you to read the privacy policy of every website you visit.
Use of Personal Information
FNF uses Personal Information for three main purposes:
01/23/2020 11:28 AM Commitment No.: 459-H0495564-081-TMY, Amendment No. 4
Privacy Notice
Effective: January 6, 2015
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 third parties’ products and services, jointly or independently.
When Information Is Disclosed
We may make disclosures of 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.
The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose
your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your
Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law.
We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other
disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment
for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use
and/or transfer of the foregoing information in connection with any of the above described proceedings.
Please see “Choices With Your Information” to learn the disclosures you can restrict.
Security of Your Information
We maintain physical, electronic, and procedural safeguards to guard your Personal Information. We limit access to nonpublic personal information
about you to employees who need to know that information to do their job. When we provide Personal Information to others as discussed in this
Privacy Notice, we expect that they process such information in compliance with our Privacy Notice and in compliance with applicable privacy laws.
Choices With Your Information
If you do not want FNF to share your information with our affiliates to directly market to you, you may send an “opt out” request by email, phone, or
physical mail as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market
to you.
Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or
Browsing Information, FNF may not be able to provide certain services or products to you.
For California Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted
by California law.
For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 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 and 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 share 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.
Information From Children
The FNF Websites are meant for adults and are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal
Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian.
International Users
FNF’s headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or
Browsing Information to us, please note that we may transfer that information outside of your country of residence for any of the purposes described
01/23/2020 11:28 AM Commitment No.: 459-H0495564-081-TMY, Amendment No. 4
Privacy Notice
Effective: January 6, 2015
in this Privacy Notice. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and
use of such information in accordance with this Privacy Notice.
FNF Website Services for Mortgage Loans
Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of
mortgage loan servicers (the “Service Websites”). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer
or lender’s privacy notice. 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 (1) as required or
authorized by contract with the mortgage loan servicer or lender, or (2) 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 revised Privacy Notice, showing the new revision date, will be posted
on the FNF Website. Each time you provide information to us following any amendment of this Privacy Notice, your provision of information to us
will signify your assent to and acceptance of the terms of the revised Privacy Notice for all previously collected information and information
collected from you in the future. We may use comments, information or feedback that you submit to us in any manner that we may choose without
notice or compensation to you.
Accessing and Correcting Information; Contact Us
If you have questions, would like to access or correct your Personal Information, or want to opt-out of information sharing for affiliate marketing,
send your requests via email to privacy@fnf.com, by phone to (888) 934-3354, or by mail to:
Fidelity National Financial, Inc.
601 Riverside Avenue
Jacksonville, Florida 32204
Attn: Chief Privacy Officer