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HomeMy WebLinkAbout4 C3 928855-Re-Linked Title CommitmentStewart title View your transaction progress 24/7 via SureClose. Ask us about your login today! Glenwood Springs Division 1620 Grand Avenue Glenwood Springs, Colorado 81601 Phone: 970-945-5434 Fax: 1-800-886-2330 Date: July 11, 2013 Order Number: 928855-C3 Buyer: TBD Seller: Exxon Mobil Corporation Property TBD, Parachute, CO 81635 Please direct all Closing inquiries to: Please direct all Title inquiries to: Title Only Search Susan Sarver Phone: 970-945-5434 or 866-932-6098 Email Address: susan.sarver@stewart.com SELLER: BUYERIBORROWER: Exxon Mobil Corporation P.O. Box 53 Houston, Texas 77001 TBD LISTING BROKER: SELLING BROKER: NONE NONE Phone: Phone: ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by stewart .title guaranty company Stewart Title Guaranty Company, a Texas 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 Schedules A and B and to the Conditions of this Commitment. This 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 six 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 the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned: �Y G Authorized Countersignature Stewart Title Glenwood Springs Division 1620 Grand Avenue Glenwood Springs, Colorado 81601 Phone: 970-945-5434 Fax: 1-800-886-2330 stewart title guaranty company -h oz(-) Senior Chairman of the Board Chairman of the Board President Order Number: 928855- ALTA Commitment (6/17/06) Title Officer: COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: April 19, 2013, at 8:00 a.m. 2. Policy or Policies To Be Issued: (a) A.L.T.A. Owner's Proposed Insured: To Be Determined (b) A.L.T.A. Loan (Standard) Order Number: 928855-C3 Title Officer: Amount of Insurance: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in: Exxon Mobil Parcel ID 2407-061-00-139 5. The land referred to in this Commitment is described as follows: See Attached Legal Description Purported Address: TBD Parachute, Colorado 81635 Statement of Charges: hese charges are due and payable before a olicy can be issued: earch Fee: Update Fee: $125.00 $ TBD SCHEDULE A LEGAL DESCRIPTION Township 6 South, Range 95 West of the 6th P.M. Section 31: SE1/4SE1/4 Section 32: S1/2 EXCEPTING that portion described in Quit Claim Deed recorded in Book 895 at Page 979. Township 7 South, Range 95 West of the 6th P.M. Section 5: Lots 2 and 3, all that part of the NW1/4 Section 6: Lots 1, 2 and 3; S1/2N1/2; NW1/42SE1/4; that part of the SW1/4 EXCEPTING that portion described in Bargain and Sale Deed recorded September 13, 1984 in Book 656 at Page 720. Section 7: Lots 2 and 3, lying NW1y of I-70 Township 7 South Range 96 West of the 6th P.M. The E1/2E1/2NE1/4NE1/4 lying NE1y of I-70 EXCEPTING that portion described in Quit Claim Deed recorded January 12, 1983 in Book 616 at Page 774. County of Garfield, State of Colorado COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 1 REQUIREMENTS Order Number: 928855-C3 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. This is a Search Report — No requirements are necessary COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 2 EXCEPTIONS Order Number: 928855-C3 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, 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 value the estate or interest or mortgage thereon covered by this commitment. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 10. Reservations or exceptions contained in U.S. Patents, or in Acts authorizing the issuance thereof, reserving 1) Rights of the proprietor of a vein or lode to extract and remove his ore therefrom and 2) rights of way for ditches and canals constructed under the authority of the United States: Recorded: Book/Page Reception January 24, 1894 12/275 16834 January 24, 1894 12/278 16837 January 24, 1894 12/280 16839 January 24, 1894 12/281 16840 January 24, 1894 12/282 16841 May 12, 1894 12/322 17284 August 10, 1911 71/489 42430 December3, 1980561/154 309935 11. Road Viewers Report, recorded July 7, 1886 in Road Record Book 74 as Reception No. 2836 12. Right of Way for Grand Valley Ditch. 13. Easement and Right of Way for Daisey Ditch Lateral, recorded April 17, 1894 in Book 35 at Page 200 as Reception No. 17171. 14. Quit Claim Deed, Wilcox Canal, recorded January 4, 1911 in book 62 at Page 505 as Reception No. 41034. 15. Easement and Right of Way for Wilcox Canal, recorded January 1, 1911 in Book 62 at page 514 as Reception No. 41164. 16. Deed Wilcox Canal, recorded February 5, 1916 in Book 94 at Page 488 as Reception No. 53430. 17. Right of Way for electrical transmission lines as described in that certain Rule and Judgment, recorded July 21, 1930 in Book 161 at Page 488 as Reception No. 107672. 18. Right of Way Deed, recorded November 5, 1953 in Book 273 at Page 400 as Reception No. 183962. 19. Easement recorded November 5, 1953 in Book 273 at Page 413 as Reception No. 183967. 20. Rights and reservations disclosed in Warranty Deed recorded August 16, 1965, in Book 368 at Page 569 as Reception No.231211 , and any, and all assignments of record, or otherwise, thereof, or interests therein. 21. Map of 2nd Amendment the Dow Pumping Plant and Pipeline, recorded June 7, 1966 as Reception No. 234920. 22. Map East Elk -Roan Plateau Pipe Line, recorded December 7, 1966 as Reception No. 240913. 23. Agreement recorded June 23, 1969 in Book 402 at Page 460 as Reception No. 243675. 24. Public Service Company of Colorado Easement, recorded September 3, 1970 in Book 413 at Page 17 as Reception No. 247342. 25. Agreement Mountain States Telephone and Telegraph Company, recorded September 28, 1976 in Book 489 at Page 812 as Reception No. 275081. 26. Matters disclosed on Quit Claim Deed, recorded November 19, 1979 in Book 539 at Page 687 as Reception No. 299555. 27. Easement, recorded January 17, 1980 in Book 542 at Page 402 as Reception No. 300950. 28. Mining Permit, recorded February 26, 1981ss_ss in Book 566 at Page 281 as Reception No. 312327. 29. Permanent Easement to Department of Highways, recorded May 14, 1981 in Book 571 at Page 464 as Reception No. 314790. 30. Permanent Easement to Department of Highways, recorded May 14, 1981 in Book 571 at Page 468 as Reception No. 314791. 31. Deed of Access Rights, recorded May 14, 1981 in Book 571 at Page 470 as Reception No. 314792. 32. Deed of Access Rights, recorded May 14, 1981 in Book 571 at Page 472 as Reception No. 314793. 33. Ordinance No. 205, recorded January 12, 1983 in Book 616 at Page 776 as Reception No. 335963. 34. Easement and Release, recorded January 12, 1983 in Book 616 at Page 784 as Reception No. 335964. 35. Service Plan for the Organization of the Parachute/Battlement Mesa Park and Recreation District recorded January 20, 1983 in Book 617 at Page 266 as Reception No. 336199 and recorded December 23, 1983 in Book 640 at Page 961 as Reception No. 348440. Insofar as to how it may affect subject property. 36. Utility Lien Easement, recorded March 22, 1983, in Book 622 at Page 591 as Reception No. 339434, First Amendment recorded March 26, 2001 in book 1239 at Page 702 as Reception No. 578068. 37. Matters disclosed on the Exxon Company U.S.A. Mahaffey Ranch Properties, recorded July 27, 1983 as Reception No. 344211. 38. Memorandum and Agreement, recorded August 22, 1983 in Book 633 at Page 461 as Reception No. 344923. 39. Resolution No. 84-137 recorded August 4, 1984 in Book 653 at Page 842 as Reception No. 354414. 40. Resolution No. 85-63 recorded May 1, 1985 in Book 667 at Page 940 as Reception No. 361371. 41. Resolution 87-118 recorded November 17, 1987 in Book 724 at Page 540 as Reception No. 387494. 42. Pipeline Right -of -Way Agreement, recorded March 14, 1988 in Book 730 at Page 287 as Reception No. 390287. 43. Easement, recorded July 31, 1989 in Book 759 at Page 679 as Reception No. 404109. 44. Easement, recorded December 12, 1989 in Book 768 at Page 755 as Reception No. 408173. 45. Lease Agreement, recorded December 18, 1989 in Book 769 at Page 181 as Reception No. 408370. 46. Matters disclosed in Special Warranty Deed, recorded January 19, 1990 in Book 771 at Page 426 as Reception No. 409284. 47. Resolution no. 90-021 recorded February 22, 1990 in Book 773 at Page 183 as Reception No. 410090. 48. Agreement, recorded May 7, 1990 in Book 778 at Page 521 as Reception No. 412314. 49. Pipeline Easement, recorded August 22, 1990 in Book 787 at Page 552 as Reception No. 416427. 50. Communitization Agreement, recorded October 12, 1990 in Book 790 at Page 610 as Reception No. 417845. 51. Affidavit of Production, recorded June 19, 1991 in Book 806 at Page 423 as Reception No. 424522. 52. Communitization Agreement, recorded February 20, 1992 in book 824 at Page 05 as Reception no. 431805. 53. Railroad Access Agreement, recorded June 12, 1992 in Book 833 at Page 988 as Reception No. 435721. 54. Affidavit of Production, recorded April 14, 1993 in Book 859 at Page 574 as Reception No. 446341. 55. Communitization Agreement, recorded July 19, 1993 in Book 869 at Page 74 as Reception No. 450015. 56. Telecommunications Right -of -Way Agreement, recorded June 2, 1994 in Book 904 at Page 480 as Reception No. 464024. 57. Right -of -Way for Surface Access, recorded August 25, 1994 in Book 913 at Page 804 as Reception No. 467719. 58. Communitization Agreement, recorded January 13, 1993 in Book 918 at Page 489 as Reception No. 469442. 59. Natural Gas Pipeline Contract and Grant of Easement, recorded December 28, 1994 in Book 926 at Page 744 as Reception No. 472637. 60. Matters disclosed on the K.O.A. Addition Plat, recorded June 16, 1995 as Reception No. 479473. 61. Natural Gas Pipeline Contract and Grant of Easement, recorded September 21 1995 in Book 953 at Page 613 as Reception No. 483359. 62. Memorandum of Gas Gathering Agreement, recorded July 26, 1996 in Book 986 at Page 830 as Reception No. 496352. 63. Pipeline Easement, recorded November 4, 1996 in Book 998 at Page 509 as Reception No. 500636. 64. Pipeline Right -of -Way Grant, recorded February 10, 1997 in Book 1008 at Page 829 as Reception No. 504429. 65. Easement, recorded July 24, 1997 in Book 1027 at Page 429 as Reception No. 511419. 66. Easement, recorded August 7, 1997 in Book 1029 at Page 273 as Reception No. 512060. 67. Easement, recorded September 26, 1997 in Book 1035 at Page 173 as Reception No. 514214 and the Correction of Description of Easement, recorded November 7, 2007 as Reception No. 736888. 68. Rail Spur Agreement, recorded July 6, 1999 in Book 1138 at Page 824 as Reception No. 548388, Assignment and Assumption Agreement, recorded July 2, 2004 in Book 1602 at Page 371 as Reception No. 655353. 69. Easement, recorded July 10, 2001 in Book 1267 at Page 763 as Reception No. 584122. 70. Amendment to Pipeline Easement, recorded December 12, 2001 in Book 1310 at Page 686 as Reception No. 593430. 71. Notice of As -Built Drawing, recorded January 30, 2002 in Book 1325 at Pages 495-497 as Reception No. 596648 and 596649. 72. Affidavit of Production, recorded March 10, 2003 in Book 1444 at Page 788 as Reception No. 622601. 73. Easement Agreement, recorded March 10, 2003 in Book 1444 at Page 799 as Reception No. 622606. 74. Easement, recorded September 12, 2003 in Book 1518 at Page 321 as Reception No. 636484. 75. Surface Use Agreement, recorded December 15, 2003 in Book 1546 at Page 742 as Reception No. 643002, Amendment recorded February 6, 2004 in Book 1559 at Page 731 as Reception No. 646199, Second Amendment recorded March 18, 2005 in Book 1871 at Page 468 as Reception No. 670534, Third Amendment recorded December 14, 2005 in Book 1754 at Page 428 as Reception No. 688246, Fourth Amendment of Surface Use Agreement, recorded January 3, 2007 in Book 1879 at Page 899 as Reception No. 714443. 76. Surface Use Agreement, recorded January 20, 2004 in Book 1555 at Page 767 as Reception No. 645001, Amendment recorded September 10, 2004 in Book 1621 at Page 885 as Reception No. 659631, Second Amendment recorded July 31, 2006 in Book 1826 at Page 231 as Reception No. 703194, Third Amendment of Surface Use Agreement, recorded January 16, 2009 as Reception No. 761654. 77. Surface Use Agreement, recorded November 29, 2004 in Book 1642 at Page 772 as Reception No. 664069, Amendment recorded July 31, 2006 in Book 1826 at Page 227 as Reception No. 703193, Second Amendment recorded October 10, 2006 in Book 1851 at Page 540 as Reception No. 708634. 78. Oil and Gas Lease recorded August 25, 2004 in Book 1617 at Page 44 as Reception No. 658694, and any and all assignments of record, or otherwise, thereof, or interests therein, and other Oil and Gas Leases of record, and any and all assignments of record, or otherwise, thereof, or interests therein. 79. Resolution No. 2005-25 recorded February 16, 2005 in Book 1663 at Page 200 as Reception No. 668723. 80. Special Use Permit, recorded February 16, 2005 in Book 1663 at Page 206 as Reception No. 668724. 81. Communitization Agreement, recorded February 18, 2005 in Book 1663 at Page 932 as Reception No. 668920. 82. Oil and Gas Lease, recorded November 10, 2005 in Book 1744 at Page 702 as Reception No. 686249, and any and all assignments of record, or otherwise, thereof, or interests therein, and other Oil and Gas Leases of record, and any and all assignments of record, or otherwise, thereof, or interests therein. 83. Public Service Company of Colorado Easement, recorded February 3, 2006 in Book 1769 at Page 991 as Reception No. 691801. 84. Public Service Company of Colorado Easement, recorded April 13, 2006 in Book 1789 at Page 765 as Reception No. 696025. 85. Affidavit of Production, recorded August 1, 2006 in Book 1827 at Page 663 as Reception No. 703442. 86. Memorandum of Gas Gathering Agreement, recorded September 25, 2006 in Book 1845 at Page 623 as Reception No. 707595. 87. Memorandum of Gas Gathering Agreement, recorded January 25, 2007 in Book 1988 at Page 524 as Reception No. 715970, First Amended recorded July 29, 2008 as Reception No. 753222. 88. Compressor Station/Plant Site Lease and Agreement, recorded March 15, 2007 in Book 1902 at Page 732 as Reception No. 719007. 89. Public Service Company of Colorado Easement, recorded April 25, 2007 in Book 1918 at Page 734 as Reception No. 721935. 90. Easement and Right -of -Way Agreement, recorded May 15, 2007 in Book 1926 at Page 205 as Reception No. 723241. 91. Affidavit of Production, recorded July 18, 2007 in Book 1951 at Page 581 as Reception No. 728276. 92. ►Easement and Right -of -Way Agreement, recorded January 16, 2008 as Reception no. 741219. 93. Easement and Right -of -Way Agreement, recorded March 19, 2008 as Reception No. 744849. 94. Public Service Company of Colorado Easement, recorded April 10, 2008 as Reception No. 746290. 95. Memorandum of Communitization Agreement, recorded December 1, 2008 as Reception No. 759413. 96. Public Service Company of Colorado Easement, recorded December 9, 2008 as Reception No. 759878. 97. Easement and Right -of -Way Agreement, recorded January 8, 2009 as Reception No. 761225. 98. Easement and Right -of -Way Agreement, recorded July 16, 2009 as Reception No. 771518. 99. Public Service Company of Colorado Easement, recorded July 16, 2009 as Reception No. 771530. 100. Notice and Memorandum of Oil and Gas Lease, recorded September 16, 2009 as Reception No. 775146, and any and all assignments of record, or otherwise, thereof, or interests therein, and other Oil and Gas Leases of record, and any and all assignments of record, or otherwise, thereof, or interests therein. 101. Public Service Company of Colorado Easement, recorded July 22, 2010 as Reception No. 788885. 102. Model Form Recording Supplement to Operating Agreement and Financial Statement, recorded August 13, 2010 as Reception No. 789982. 103. Memorandum of Surface Use Agreement, recorded August 20, 2010 as Reception No. 790390. 104. ►Right -of -Way Agreement, recorded April 8, 2011 as Reception No. 801160, First Amendment, recorded February 27, 2012 as Reception No. 815005. 105. ►Notice of Lis Pendens, recorded August 2, 2011 as Reception No. 806031. NOTE: This product is for informational purpose only. It is not a title insurance product and does not provide any form of coverage. This product is not a guarantee or assurance and does not warrant, or otherwise insure any condition, fact or circumstance. This product does not obligate this Company to issue any policies of title insurance for any subsequent transaction based on the information provided or involving the described herein. This Company's sole liability for any error(s) relating to this product is limited to the amount this was paid for this product. DISCLOSURES Order Number: 928855-C3 Note: Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. The subject real property may be located in a special taxing district; B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent; C. 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. Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to C.R.S. 10-11-123, notice is hereby given: A. 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 B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. STG Privacy Notice 1 (Rev 01/26/09) Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. swecan share ya Yes No For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and nonfinancial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company Yes No For our affiliates' everyday business purposes— information about your creditworthiness. No We don't share For our affiliates to market to you Yes No For non -affiliates to market to you. Non -affiliates are companies not related by common ownership or control. They can be financial and nonfinancial companies. No We don't share We may disclose vour personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] harns.,plactices How often do the Stewart Title Companies notify me about their practices? We must notify you about our sharing practices when you request a transaction. How do the Stewart Title Companies protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal and state law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my personal information? We collect your personal information, for example, when you • request insurance -related services • provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. 1 If you have any quest ons about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 Stewart Title DISCLOSURE The title company, Stewart Title in its capacity as escrow agent, has been authorized to receive funds and disburse them when all funds received are either: (a) available for immediate withdrawal as a matter of right from the financial institution in which the funds are deposited, or (b) are available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn. The title company is disclosing to you that the financial institution may provide the title company with computer accounting or auditing services, or other bank services, either directly or through a separate entity which may or may not be affiliated with the title company. This separate entity may charge the financial institution reasonable and proper compensation for these services and retain any profits there from. The title company may also receive benefits from the financial institution in the form of advantageous interest rates on loans, sometimes referred to as preferred rate loan programs, relating to loans the title company has with the financial institution. The title company shall not be liable for any interest or other charges on the earnest money and shall be under no duty to invest or reinvest funds held by it at any time. In the event that the parties to this transaction have agreed to have interest on earnest money deposit transferred to a fund established for the purpose of providing affordable housing to Colorado residents, then the earnest money shall remain in an account designated for such purpose, and the interest money shall be delivered to the title company at closing. 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 and Stipulations. 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 policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations 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 www.alta.org. stewart title guaranty company All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252.