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Home My WebLink About1.01 Supplemental Application MaterialsTONY HARRAH 743 RIO SACO ROAD SILT, CO 81652 July 31, 2015 Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Admin Review - Sierra Pinyon Amended Final Plat - Lots 8 and 9 (File No. FPAA-8370) Dear Mr. Pesnichak; In response to your letter dated July 24, 2015, I had Jim Kalmon of Eclipse Surveying, Inc. search the Garfield County public records for mineral ownership. He could not find any information about the mineral owners of record as stated in plat note 4 of the Sierra Pinyon Subdivision Rec. #492861. He did find in Book 596, Page 995 that the BLM leased the oil and gas under the subject lands to Atlantic Richfield Co. in April, 1972, lease # C-15976. He made a phone call to the BLM and found that Devon Energy Production CO LP is the current owner of lease # C-15976. He also found a Mineral Quit Claim Deed, Rec. #735496 dated 10-1-07 between Walter Sapp and Walter W. Sapp Trust for the minerals to the subject lands. Horvath's address has been updated. The Harrah property is the only property with a lien and this should show up in the Ownership and Encumbrances report from the title company. A copy of the Ownership and Encumbrances report will be delivered to your office once I receive it. Please review the following attachments. Sincerely, Tony Harrah (970) 876-5924 HM & fax (970) 989-5468 cel t harrah45@hotmail.com PROPERTY OWNERS WITHIN 200' OF SUBJECT PARCELS PARCEL # 217922207014 217922201016 217922207007 217915307006 217915307005 217915307004 217915307010 217922207011 217922207013 OWNER: RAY, TIMOTHY L HYATT, BOYD D & BARBARA A SCOTT, SAMUEL D & JANINE T SEDILLO, FRANK J AND KAREN A FAMILY TRUST. PACE, EDWIN L & JOYCE M HORVATH, LAMONTE L & ERICA 1. MCCI:FFRY, ANDRF.W D WILBURN, GARY & ROSEMARY LUND, GLEN R & DEBORAH K ADDRESS: 152 HARMONY WAY, SILT, 81652 2165 331 COUNTY RD, SILT, 81652 76 RIO SECO RD, SILT, 81652 113 RIO SECO RD, SILT, 81652 150 RIO BRAVO RD, SILT, 81652 P.O. BOX 386, SILT, 81652 37R RIO SECO RD, SILT, 81652 492 RIO SECO RD, SILT, 81652 304 HARMONY WAY, SILT, 81652 MINERAL OWNERS OF RECORD UNITED STATES OF AMERICA - BUREAU OF LAND MANAGEMENT 2300 RIVER FRONTAGE ROAD SILT, CO 81652 WALTER W. SAPP TRUST 559 TRAILWOOD CIRCLE WINDSOR, CO 80550 DEVON ENERGY PRODUCTION CO LP - LESSEE 20 N. BROADWAY #1500 OKLAHOMA CITY, OK 73102 O .. u Form 4-1175 (December 1960) Facsimile Reproduction Cheyenne Litho Inc. 3619 Evens Ave. ' Cheyenne, Wyo. MILDRED ALSDORF, • WIZEN REeOi+9EU RETIM T'J' ATLANTIC P. Cff ;C"_'a �9t'tPAtt+ UNITED STATES DAItA3, Ti:7.tii 7322i DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEIOIENT ASSIGNMENT AFFECTING RECORD TITLE TO OIL AND GAS LEASE Geo /- /nom EOK 596 PDCE99 Serial Number C-15976 "BriJ�'I r. Effective Date of Base Lease May 1, 1972 to: The undersigned, as owner of record title in the above -designated oil and gas lease, does hereby transfer and assign ATLANTIC RICHFIELD COMPANY, A Pennsylvania Corporation (Name) P. O. Box 2819 - Dailas, Texas 75221 (Address) without warranty of title, the record title interest in and to such lease as specified below: either express or Implied c 1. Lands affected by this assignment: Garfield County, Colorado Township 6 South, Ran a 92 West, 6th P.M. Township 7 South, Range 92 West, 6th P.M. o Section 15: S*SW Section 3: Lot 2 Section 22: NE*, *NW*, SEkliWk, NE*SW$, Section 5: SE*SEk SWISWW, NsSE3 Section 8: NE#NE* Section 23: SWINE*, W}NWW, SE*NW* w Section 25 WOW* tY Section' 20 `: NE*NWt~ Srct i on.' t27': WWNWW, NE*SE* Containing 969.19 acres, more or less if the Assignee, its successors or assigns, should, at any time, desire to relinquish said oil and gas .ieate as to all, or any portion, of the above described lands, Assignee, its successors or assigns, shall tender to Assignor only, notice of such intention to surrender (1) at least sixty. (60) days prior to the time for the payment of the next annual rental under the terms of said lease`or any extension or renewal thereof or (2) at least sixty (60) days prior to the expiration of said lease, In the event the same may be extended or renewed. In such event, the Assignor shall accept such reassignment within thirty (30) days from the time the same is tendered, failing In which, the Assignee, its suc cessors or assigns, shall be free to surrender or relinquish, said lease as to such lands. In the event the reassignment is accepted by the Assignor as herein provided, the Assignor shall save, hold and protect the Assignee, its suc- cessors or assigns, harmless from all rentals and liability of whatsoever character subsequently ac.ruing under said lease on account of the lan's covered by said reassignment. In theeve t as gInee sh id permit said lmrr ease or a y renewa extens en,= change, or alteraton thereon tofc 2. Interest of assignor in above-described lands 100% 3. Extent of interest conveyed to assignee 100% 4. Overriding royalty or production payments reserved herein to assignor (Stale percentage only) (See item 4 of Instructions) Two Percent (2%) of One Hundred Percent (100%) 5. Overriding royalties or production payments previous!.; reserved (State percentage only) None The undersigned agrees that the obligation to pay any overriding royalties or payments out of production of oil created herein, which, when added to overriding royalties or payments out of production previously created and to the royalty payable to the United States, aggregate in excess of 1711 percent, shall be suspended when the average production of oil per well per day averaged on the monthly basis is 15 barrels or less. It is hereby certified that the statements made herein are true, complete, and correct to the best of the undersigned's knowledge and belief. Executed this 26th day of April , 19 72 . (Assignor's signature) Run Date: 07/30/2015 DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT CASE RECORDATION (MASS) Serial Register Page Run Time: 04:25 PM Page 1 of 8 01 02-25-1920; 041 STAT0437; 30USC 181 ETSEQ Case Type 311211: O&G LSE SIMO PUBLIC LAND Commodity 459: OIL & GAS Case Disposition: AUTHORIZED Name & Address Total Acres 880.000 Serial Number COC--- - 015976 Serial Number: COC--- - 015976 Int Rel % Interest DEVON ENERGY PRODUCTION CO LP Mer Twp Rng Sec STyp 06 00605 09201A 015 ALIQ 06 0060S 0920H 022 ALIQ 06 0060S 0920N 022 ALIQ 06 00605 0920 \A 023 ALIQ 06 0060S 0920N 025 ALIQ 06 00605 0920VA 026 ALIQ 06 00605 0920N 027 ALIQ 20 N BROADWAY #1500 SNr Suff Subdivision S2SW; 1 NE,N2NW,SENW,NESW,SWSW; 2 N2SE; SWNE,W2NW,SENW; SWSW; NENW; W2NW,NESE; Relinquished/Withdrawn Lands 06 00705 0920W 708 06 00705 0920W 703 06 00705 0920W 705 Act Date FF FF FF Code Action NENE;COC73313 2;COC60196 SESE;C0059961 OKLAHOMA CITY OK 731028260 LESSEE Serial Number: COC ----015976 District/Field Office County GARFIELD GARFIELD GARFIELD GARFIELD GARFIELD GARFIELD GARFIELD COLORADO RIVER VALLEY FO COLORADO RIVER VALLEY FO COLORADO RIVER VALLEY FO COLORADO RIVER VALLEY FO COLORADO RIVER VALLEY FO COLORADO RIVER VALLEY FO COLORADO RIVER VALLEY FO Serial Number: COC--- - 015976 COLORADO RIVER VALLEY FO COLORADO RIVER VALLEY FO COLORADO RIVER VALLEY FO GARFIELD GARFIELD GARFIELD Serial Number: COC--- - 015976 Action Remark Pending Office 100.000000000 Mgmt Agency BUREAU OF LAND MGMT BUREAU OF LAND MGMT BUREAU OF LAND MGMT BUREAU OF LAND MGMT BUREAU OF LAND MGMT BUREAU OF LAND MGMT BUREAU OF LAND MGMT BUREAU OF LAND MGMT BUREAU OF LAND MGMT BUREAU OF LAND MGMT 03/01/1972 03/27/1972 03/31/1972 04/15/1972 05/01/1972 05/01/1972 05/01/1972 06/14/1972 06/16/1972 04/01/1982 04/01/1982 05/01/1982 08/17/1982 08/17/1982 11/17/1982 06/08/1983 06/08/1983 06/08/1983 05/22/1985 03/09/1987 03/09/1987 03/30/1987 04/06/1987 04/06/1987 06/29/1987 07/20/1992 387 CASE ESTABLISHED 888 DRAWING HELD 111 RENTAL RECEIVED 237 LEASE ISSUED 496 FUND CODE 530 RLTY RATE - 12 1/2% 868 EFFECTIVE DATE 140 ASGN FILED 139 ASGN APPROVED 246 LEASE COMMITTED TO CA 246 LEASE COMMITTED TO CA 235 EXTENDED 651 HELD BY PROD - ALLOCATED 660 MEMO OF 1ST PROD-ALLOC 660 MEMO OF 1ST PROD-ALLOC 899 TRF OF ORR FILED 899 TRF OF ORR FILED 899 TRF OF ORR FILED 102 NOTICE SENT -PROD STATUS 140 ASGN FILED 932 TRF OPER RGTS FILED 932 TRF OPER RGTS FILED 933 TRF OPER RGTS APPROVED 933 TRF OPER RGTS APPROVED 139 ASGN APPROVED 932 TRF OPER RGTS FILED PARCEL 970; $485.00; 05;145003 1) ; 1)EFF 07/01/72; COC35841;CR140 COC37453;CR228 THRU 04/30/84;CA VER, 09/23/08, CSO COC37453; COC35841; 01; 02; 03; EFF 08/17/82; 2); 01; 02; 01 EFF 04/01/87; 02 EFF 04/01/87; EFF 04/01/87; 03; /A/ /B/ DRLG NO WARRANTY IS MADE BY BLM FOR USE OF THE DATA FOR PURPOSES NOT INTENDED BY BLM 1111 r I MI.14! 11a1,147,10 riirlA11iM 11 ii 1 Reception*: 735498 10/19/2007 00.49:11 AN Jean Alberico 1 of 3 Rec Fee.916.00 Doc Fee:0.00 GARFIELD COUNTY CO MINERAL QUIT CLAIM DEED KNOW ALL MEN BY THESE PRESENTS, That Walter Sapp, also known as Walter W. Sapp, Grantor, of 559 Trailwood Circle, Windsor, Colorado 80550-5950, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration received from the Grantee, the Walter W. Sapp Trust, dated June 7, 2007, of 559 Trailwood Circle, Windsor, Colorado 80550-5950, hereinafter called Grantee, does grant, convey, quit claim and assign unto Grantee all right, title and interest of Grantor in and to the oil, gas and other minerals, including overriding royalty interests and in under and which may be produced from the following -described lands situated in Garfield County, Colorado, and described on the attached Exhibit "A" and all of Grantors interest in the producing wells also listed on Exhibit "A". TO HAVE AND TO HOLD the above-described property, together with all and singular, the rights, appurtenances thereto in anywise belonging unto the said Grantee herein, their heirs, personal representatives, successors and assigns forever. EXECUTED this Va. day of j 1Deg" , 2007. STATE OF COLORADO COUNTY OF WELD The forthgoing instrument was acknowledged before me on this ,T day of , 2007, by Walter Sapp, aka Walter W. Sapp, a single man. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal the day and year last above written. My Commission Expires 3/Q1/It' Notary Public Address: 3 1111 tlt1111AtY,p'IIS.N0,U4G1,4,tiPi 4141itlWit ION 11111 Reesptlon#: 735496 10/19/2007 09;49 11 RM Jean plberico 2 of 3 Reo Fes $16 00 Doc Fee 0.00 GARFIELD COUNTY CO Exhibit "A" Page 1 EXHIBIT "A" Attached to and made a part of that certain Mineral Quit Claim Deed by and between Walter Sapp, also known as Walter W. Sapp, Grantor and the Walter W. Sapp Trust, dated June 7, 2007, Grantee, covering the following lands in Garfield County, Colorado. TOWNSHIP 6 SOUTH, RANGE 92 WEST, 6th P.M. Section 15: SY2SW1/4 Section 22: NE'/4, N1/2NW1/4, SE1/4NW1/4, NE'/SW1/4, N%2SE1/4, SW`/SW% Section 23: SW'/4NE'h, NW'/4NW'/a, S'VNW'h Section 25: SW1/4SW'/4 Section 26: All Section 27: All Section 28: SE'/4 Section 34: All Section 35: NW'/4NW1/4, SE'/4NE1/4, NW'hNE%, NW' , N'/2SW'h, E'/2SE1/4 Section 36: All WELLS: Legg 2-26-692, All Sec 26-T6S-92W Ferguson 44B-27-692, All Sec 27-T6S-92W Ferguson 44D-27-692, All Sec 27-T6S-92W Ferguson 34B-27-692, All Sec 27-T6S-92W Ferguson 34D-27-692, All Sec 27-T6S-92W Stranahan 21B-27-692, All Sec 27-T6S-92W Stranahan 21D-27-692, All Sec 27-T6S-92W Stranahan 31A-27-692, All Sec 27-T6S-92W Stranahan 31C-27-692, All Sec 27-T6S-92W Stranahan 41A-27-692, All Sec 27-T6S-92W Stranahan 41C-27-692, All Sec 27-T6S-92W Platzer 33B-27-692, All Sec 27-T6S-92W Platzer 33D-27-692, All Sec 27-T6S-92W Platzer 43B-27-692, All Sec 27-T6S-92W Platzer 43D-27-692, All Sec 27-T6S-92W Louthan 31D-34-692, NE'/4 Sec 34-T6S-92W 1111 IA IIVA MICH11U411111 111,0 111.1i 11111 II Reception#: 735496 10119/2007 08.49,11 RN Jean Alberioo 3 of 3 Rao Fae:$18.00 Doc Fee:0. 00 GARFIELD COUNTY CO Exhibit "A" Page 2 Louthan 41D-34-692, NE'/4NE' Sec 34-T6S-92W Louthan 41B-34-692, NE' Sec 34-T6S-92W Louthan 31B-34-692, NE'/4 Sec 34-T6S-92W Stone 42B-34-692, NE% Sec 34-T6S-92W Stone 42D-34-692, NE'/4 Sec 34-T6S-92W Stone 32D-34-692, SW'/4NE'% Sec 34-T6S-92W Stone 32B-34-692, SW'hNE'h Sec 34-T6S-92W Miller 14A-36-692, SW1/4SW'/4 Sec 36-T6S-92W Miller 14B-36-692, SW'/4SW% Sec 36-T6S-92W Miller 14C-36-692, SW'/4SW% Sec 36-T6S-92W Miller 14D-36-692, SW'%SW'h Sec 36-T6S-92W COMMITMENT TRANSMITTAL Commitment Ordered By: Jim Kalmon Eclipse Surveying Phone: 970-618-4123 Inquiries should be directed to: Mary Scheurich Title Company of the Rockies 1620 Grand Avenue Bldg Main Floor 1 Glenwood Springs, CO 81601 Phone: 970-945-1169 Fax: 844-269-2759 Commitment Number: Buyer's Name(s): Seller's Name(s): Property: 0600150-C TBD Tony Lee Harrah 743 Rio Seco Road, Silt, CO 81652 Lot 9, Sierra Pinyon, Garfield County, Colorado TBD COPIES / MAILING LIST Tony Lee Harrah 284 Rio Seco Road Silt, CO 81652 TITLE CHARGES These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges related thereto. If applicable, the designation of "Buyer" and "Seller" shown below may be based on traditional settlement practices in Garfield County, Colorado, and/or certain terms of any contract, or other information provided with the Application for Title Insurance. Owner's Policy Premium: Loan Policy Premium: Additional Lender Charge(s): Additional Other Charge(s): Tax Certificate: Total Endorsement Charge(s): TBD Charge(s): TOTAL CHARGES $300.00 COMMITMENT for TITLE INSURANCE Reference: Commitment Ordered By: Jim Kalmon Eclipse Surveying Phone: 970-618-4123 Fax: email: jkalmon@sopris.net issued by �, TITLE COMPANY �) of the rockies as agent for STEWART TITLE GUARANTY COMPANY Commitment Number: 0600150-C Inquiries should be directed to: Mary Scheurich Title Company of the Rockies 1620 Grand Avenue Bldg Main Floor 1 Glenwood Springs, CO 81601 Phone: 970-945-1169 Fax: 844-269-2759 email: MScheurich@titlecorockies.com Reference Property Address: 743 Rio Seco Road, Silt, CO 81652 SCHEDULE A 1. Effective Date: August 03, 2015, 7:00 am Issue Date: August 13, 2015 2. Policy (or Policies) to be issued: ALTA Owner's Policy (6-17-06) Policy Amount: Premium: Proposed Insured: 3. The estate or interest in the Land described or referred to in this Commitment is: Fee Simple and Title to said estate or interest is at the Effective Date vested in: Tony Lee Harrah 4. The Land referred to in this Commitment is located in the County of Garfield, State of Colorado, and is described as follows: Lot 9, SIERRA PINYON SUBDIVISION, according to the Amended Plat recorded November 27, 1996 as Reception No. 502866. County of Garfield, State of Colorado Commitment No. 0600150-C Schedule B -I Requirements COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION I REQUIREMENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: For Informational Purposes Only -Title Insurance Policies will not be issued under this commitment. Alta Commitment - 2006 Schedule B -I Requirements Commitment No. 0600150-C Schedule B -II Exceptions COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION II EXCEPTIONS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. Any loss or damage, including attorney fees, by reason of the matters shown below: 1. Any facts, right, interests, or claims which are not shown by the Public Records but which could be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. 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. 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 of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that 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; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (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. 8. Water rights, claims or title to water. 9. Any and all unpaid taxes and assessments and any unredeemed tax sales. 10. 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. 11. 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 reserved in United States Patent recorded August 11, 1939 in Book 194 at Page 579 as Reception No. 136734 12. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patents recorded April 26, 1917 in Book 92 at Page 366 as Reception No. 57112 and recorded August 11, 1939 in Book 194 at Page 579 as Reception No. 136734 13. Matters disclosed in Deed recorded April 17, 1953 in Book 268 at Page 474 as Reception No. 182289 and any and all assignments of record, or otherwise, thereof, or interests therein. Alta Commitment - 2006 Schedule B -II Exceptions Commitment No. 0600150-C Schedule B -II Exceptions (continued) 14. Matters disclosed in Deed recorded March 21, 1959 in Book 316 at Page 99 as Reception No. 204734 and any and all assignments of record, or otherwise, thereof, or interests therein. 15. Matters disclosed on the Plat of Sierra Vista Ranch recorded March 24, 1980 as Reception No. 302518 and the Plat of Sierra Vista Ranch Amendment Number 1 recorded August 25, 1983 as Reception No. 345061. 16. Quit Claim Deed recorded December 28, 1984 in Book 661 at Page 965 as Reception No. 358277 17. Deed recorded December 24, 1984 in Book 661 at Page 871 as Reception No. 358222. 18. Matters disclosed in Warranty Deed recorded May 2, 1984 in Book 649 at Page 99 as Reception No. 351954 and any and all assignments of record, or otherwise, thereof, or interests therein. 19. Holy Cross Electric Association Right of Way Easement recorded November 10, 1994 in Book 921 at Page 958 as Reception No. 470791. 20. Matters disclosed on the Plat of Sierra Pinyon Subdivision recorded May 13, 1996 as Reception No. 492861 and the Amended Plat of Sierra Pinyon Subdivision, Lots 9 through 12 recorded December 27, 1996 as Reception No. 502866 21. Matters disclosed in Quit Claim Deed recorded May 13, 1996 in Book 977 at Page 807 as Reception No. 492863 and any and all assignments of record, or otherwise, thereof, or interests therein. 22. Matters disclosed in Quit Claim Deed recorded January 6, 1997 in Book 1005 at Page 720 as Reception No. 503159 and any and all assignments of record, or otherwise, thereof, or interests therein, and Correction Quit Claim Deed recorded April 9, 1997 in Book 1014 at Page 916 as Reception No. 506781 and any and all assignments of record, or otherwise, thereof, or interests therein. 23. Bylaws of Sierra Pinyon Homeowners Association recorded January 6, 1997 in Book 1005 at Page 710 as Reception No. 503158 24. Holy Cross Electric Association, Inc. Right -of -Way Easement recorded Febniary 4, 1997 in Book 1008 at Page 377 as Reception No. 504227 25. Amended and Restated Declaration of Covenants, Conditions, Restrictions and Easements for Sierra Pinyon Subdivision recorded July 17, 1997 in Book 1026 at Page 431 as Reception No. 511089. 26. Deed of Trust dated September 8, 2003 executed by Tony Lee Harrah to the Public Trustee of Garfield County for the use of Washington Mutual Bank, FA to secure $232,000.00 recorded September 15, 2003 as Reception No. 636521. Alta Commitment - 2006 Schedule B -II Exceptions (continued) Commitment No. 0600150-C Disclosure Statements DISCLOSURE STATEMENTS Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, 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." (Gap Protection) Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder upon compliance with the following conditions: A. The Land described in Schedule A of thiscommitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials may have been furnished by mechanics or materialmen for purpose of construction on the Land described in Schedule A of this Commitment within the past 13 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unified mechanic's and materialmen's liens. D. Any deviation from conditions A though C above is subject to such additional requirements or Information as the Company may deem necessary, or, at its option, the Company may refuse to delete the exception. E. Payment of the premium for said coverage. Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.: (i) The subject real property may be located in a special taxing district; (ii) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent; and (iii) Information regarding special districts and the boundaries of such districts may be obtained from the County Commissioners, the County Clerk and Recorder, or the County Assessor. Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident withholding). Note 5: Pursuant to C.R.S. § 10-11-123 Notice is hereby given: (a) If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate then 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. Note 6: Effective September 1, 1997, C.R.S. §30-10-406 requires 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 inch the clerk and recorder may refuse to record or file any document that does not conform. Note 7: Our Privacy Policy: We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. Note 8: Records: Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not less than seven (7) years, except as otherwise permitted by law. Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that Disclosure Statements "A title entity shall not earn interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be made at any time up to and including closing." Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for such purpose(s). Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that "Until a title entity receives written instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with the following: 1. The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a fiduciary capacity. 2. The title entity shall use any funds designated as "earnest money" for the consummation of the transaction as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise provided in this section. If the transaction does not close, the title entity shall: a. Release the earnest money funds as directed by written instructions signed by both the buyer and seller; or b. If acceptable written instructions are not received, uncontested funds shall be held by the title entity for 180 days from the scheduled date of closing, after which the title entity shall return said funds to the payor. 3. In the event of any controversy regarding the funds held by the title entity (notwithstanding any termination of the contract), the title entity shall not be required to take any action unless and until such controversy is resolved. At its option and discretion, the title entity may: a. Await any proceeding; or b. Interplead all parties and deposit such funds into a court of competent jurisdiction, and recover court costs and reasonable attorney and legal fees; or c. Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons and complaint or claim (between buyer and seller), containing the case number of the lawsuit or lawsuits, within 120 days of the title entity's written notice delivered to the parties, title entity shall return the funds to the depositing party." COMMITMENT TRANSMITTAL Commitment Ordered By: Jim Kalmon Eclipse Surveying Phone: 970-618-4123 Inquiries should be directed to: Mary Scheurich Title Company of the Rockies 1620 Grand Avenue Bldg Main Floor 1 Glenwood Springs, CO 81601 Phone: 970-945-1169 Fax: 844-269-2759 Commitment Number: Buyer's Name(s): Seller's Name(s): Property: 0600151 TBD Deborah J. Failing TBD Rio Seco Road, Silt, CO 81652 Lot 8, Sierra Pinyon, Garfield County, Colorado TBD COPIES / MAILING LIST Deborah J. Failing PO BOX 432 Glenwood Springs, CO 81601 TITLE CHARGES These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges related thereto. If applicable, the designation of "Buyer" and "Seller" shown below may be based on traditional settlement practices in Garfield County, Colorado, and/or certain terms of any contract, or other information provided with the Application for Title Insurance. Owner's Policy Premium: Loan Policy Premium: Additional Lender Charge(s): Additional Other Charge(s): Tax Certificate: Total Endorsement Charge(s): TBD Charge(s): TOTAL CHARGES $300.00 COMMITMENT for TITLE INSURANCE Reference: Commitment Ordered By: Jim Kalmon Eclipse Surveying Phone: 970-618-4123 Fax: email: jkalmon@sopris.net issued by 11111 ITcar !TLE COMPANY the rookies as agent for STEWART TITLE GUARANTY COMPANY Commitment Number: 0600151 Inquiries should be directed to: Mary Scheurich Title Company of the Rockies 1620 Grand Avenue Bldg Main Floor 1 Glenwood Springs, CO 81601 Phone: 970-945-1169 Fax: 844-269-2759 email: MScheurich@titlecorockies.com Reference Property Address: TBD Rio Seco Road, Silt, CO 81652 SCHEDULE A 1. Effective Date: August 03, 2015, 7:00 am 2. Policy (or Policies) to be issued: ALTA Owner's Policy (6-17-06) Policy Amount: Premium: Proposed Insured: 3. The estate or interest in the Land described or referred to in this Commitment is: Fee Simple and Title to said estate or interest is at the Effective Date vested in: Deborah J. Failing 4. The Land referred to in this Commitment is located in the County of Garfield, State of Colorado, and is described as follows: Issue Date: August 13, 2015 Lot 8, SIERRA PINYON SUBDIVISION, according to the Plat recorded May 13, 1996 as Reception No. 492861. County of Garfield, State of Colorado Commitment No. 0600151 Schedule B -I Requirements COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION I REQUIREMENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: For Informational Purposes Only -Title Insurance Policies will not be issue under this commitment Alta Commitment - 2006 Schedule B -I Requirements Commitment No. 0600151 Schedule B -II Exceptions COMMITMENT FOR TITLE INSURANCE SCHEDULE B - SECTION II EXCEPTIONS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. Any loss or damage, including attorney fees, by reason of the matters shown below: 1. Any facts, right, interests, or claims which are not shown by the Public Records but which could be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. 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. 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 of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that 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; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (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. 8. Water rights, claims or title to water. 9. Any and all unpaid taxes and assessments and any unredeemed tax sales. 10. 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. 11. 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 reserved in United States Patent recorded August 11, 1939 in Book 194 at Page 579 as Reception No. 136734. 12. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patents recorded April 26, 1917 in Book 92 at Page 366 as Reception No. 57112 and recorded August 11, 1939 in Book 194 at Page 579 as Reception No. 136734. 13. Matters disclosed in Deed recorded April 17, 1953 in Book 268 at Page 474 as Reception No. 182289 and any and all assignments of record, or otherwise, thereof, or interests therein. Alta Commitment - 2006 Schedule B -II Exceptions Commitment No. 0600151 Schedule B -II Exceptions (continued) 14. Matters disclosed in Deed recorded March 21, 1959 in Book 316 at Page 99 as Reception No. 204734 and any and all assignments of record, or otherwise, thereof, or interests therein. 15. Matters disclosed on the Plat of Sierra Vista Ranch recorded March 24, 1980 as Reception No. 302518 and the Plat of Sierra Vista Ranch Amendment Number 1 recorded August 25, 1983 as Reception No. 345061. 16. Quit Claim Deed recorded December 28, 1984 in Book 661 at Page 965 as Reception No. 358277 17. Deed recorded December 24, 1984 in Book 661 at Page 871 as Reception No. 358222. 18. Matters disclosed in Warranty Deed recorded May 2, 1984 in Book 649 at Page 99 as Reception No. 351954 and any and all assignments of record, or otherwise, thereof, or interests therein. 19. Holy Cross Electric Association Right of Way Easement recorded November 10, 1994 in Book 921 at Page 958 as Reception No. 470791. 20. Matters disclosed on the Plat of Sierra Pinyon Subdivision recorded May 13, 1996 as Reception No. 492861 and the Amended Plat of Sierra Pinyon Subdivision, Lots 9 through 12 recorded December 27, 1996 as Reception No. 502866. 21. Matters disclosed in Quit Claim Deed recorded May 13, 1996 in Book 977 at Page 807 as Reception No. 492863 and any and all assignments of record, or otherwise, thereof, or interests therein. 22. Matters disclosed in Quit Claim Deed recorded January 6, 1997 in Book 1005 at Page 720 as Reception No. 503159 and any and all assignments of record, or otherwise, thereof, or interests therein, and Correction Quit Claim Deed recorded April 9, 1997 in Book 1014 at Page 916 as Reception No. 506781 and any and all assignments of record, or otherwise, thereof, or interests therein. 23. Bylaws of Sierra Pinyon Homeowners Association recorded January 6, 1997 in Book 1005 at Page 710 as Reception No. 503158. 24. Holy Cross Electric Association, Inc. Right -of -Way Easement recorded February 4, 1997 in Book 1008 at Page 377 as Reception No. 504227. 25. Amended and Restated Declaration of Covenants, Conditions, Restrictions and Easements for Sierra Pinyon Subdivision recorded July 17, 1997 in Book 1026 at Page 431 as Reception No. 511089. Alta Commitment - 2006 Schedule B -II Exceptions (continued) Commitment No. 0600151 Disclosure Statements DISCLOSURE STATEMENTS Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, 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." (Gap Protection) Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's Policy to be issued hereunder 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 may have been furnished by mechanics or materialmen for purpose of construction on the Land described in Schedule A of this Commitment within the past 13 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and materialmen's liens. D. Any deviation from conditions A though C above is subject to such additional requirements or Information as the Company may deem necessary, or, at its option, the Company may refuse to delete the exception. E. Payment of the premium for said coverage. Note 3: The following disclosures are hereby made pursuant to § 10-11-122, C.R.S.: (i) The subject real property may be located in a special taxing district; (ii) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent; and (iii) Information regarding special districts and the boundaries of such districts may be obtained from the County Commissioners, the County Clerk and Recorder, or the County Assessor. Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident withholding). Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given: (a) If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate then 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. Note 6: Effective September 1, 1997, C.R.S. §30-10-406 requires 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 inch the clerk and recorder may refuse to record or file any document that does not conform. Note 7: Our Privacy Policy: We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. Note 8: Records: Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not less than seven (7) years, except as otherwise permitted by law. Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that Disclosure Statements "A title entity shall not earn interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be made at any time up to and including closing." Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for such purpose(s). Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional service may exceed any such interest earned. Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned). Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that "Until a title entity receives written instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with the following: 1. The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a fiduciary capacity. 2. The title entity shall use any funds designated as "earnest money" for the consummation of the transaction as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise provided in this section. If the transaction does not close, the title entity shall: a. Release the earnest money funds as directed by written instructions signed by both the buyer and seller; or b. If acceptable written instructions are not received, uncontested funds shall be held by the title entity for 180 days from the scheduled date of closing, after which the title entity shall return said funds to the payor. 3. In the event of any controversy regarding the funds held by the title entity (notwithstanding any termination of the contract), the title entity shall not be required to take any action unless and until such controversy is resolved. At its option and discretion, the title entity may: a. Await any proceeding; or b. Interplead all parties and deposit such funds into a court of competent jurisdiction, and recover court costs and reasonable attorney and legal fees; or c. Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons and complaint or claim (between buyer and seller), containing the case number of the lawsuit or lawsuits, within 120 days of the title entity's written notice delivered to the parties, title entity shall return the funds to the depositing party." GLENWOOD SPRINGS 113 9TH ST GLENWOOD SPRINGS CO 816019998 08/18/2015 (800)275-8777 11:05 AM Product Sale Final Description Qty Price First -Class 1 $0.49 Mail Letter (Domestic) (SILT, CO 81652) (Weight:0 Lb 0.70 Oz) (Expected Delivery Day) (Thursday 08/20/2015) Certified 1 $3.45 (®®USPS Certified Mail #) (70151730000219191461) First -Class 1 $0.49 Mail Letter (Domestic) (SILT, CO 81652) (Weight:0 Lb 0.70 Oz) (Expected Delivery Day) (Thursday 08/20/2015) Certified 1 $3.45 (®®USPS Certified Mail #) (70151730000219191478) First -Class 1 $0.49 Mail Letter (Domestic) (SILT, CO 81652) (Weight:0 Lb 0.70 Oz) (Expected Delivery Day) (Thursday 08/20/2015) Certified 1 $3.45 (®®USPS Certified Mail #) (70151730000219191485) First -Class 1 $0.49 Mail Letter (Domestic) (SILT, CO 81652) (Weight:0 Lb 0.70 Oz) (Expected Delivery Day) (Thursday 08/20/2015) Certified 1 $3.45 (®®USPS Certified Mail #) (70151730000219191492) First -Class 1 $0.49 Mail Letter (Domestic) (SILT, CO 81652) (Weight:0 Lb 0.70 Oz) (Expected Delivery Day) (Thursday 08/20/2015) Certified 1 $3.45 (®®USPS Certified Mail #) (70151730000219191508) First -Class 1 $0.49 Mail Letter (Domestic) (SILT, CO 81652) (Weight:0 Lb 0.70 Oz) (Expected Delivery Day) (Thursday 08/20/2015) Certified 1 $3.45 (®®USPS Certified Mail #) (70151730000219191515) First -Class 1 $0.49 Mail Letter (Domestic) (SILT, CO 81652) (Weight:0 Lb 0.70 Oz) (Expected Delivery Day) (Thursday 08/20/2015) Certified 1 $3.45 ((#®USPS Certified Mail #) (70151730000219191522) First -Class 1 $0.49 Mail Letter (Domestic) (SILT, CO 81652) (Weight:0 Lb 0.70 Oz) (Expected Delivery Day) (Th+ircrhu (1R/7tl/')f1F1 ((USPS Certified Mail #) (70151730000219191539) First -Class 1 $0.49 Mail Letter (Domestic) (SILT, CO 81652) (Weight:0 Lb 0.70 Oz) (Expected Delivery Day) (Thursday 08/20/2015) Certified 1 $3.45 (NUSPS Certified Mail #) (70151730000219191546) First -Class 1 $0.49 Mail Letter (Domestic) (SILT, CO 81652) (Weight:0 Lb 0.80 Oz) (Expected Delivery Day) (Thursday 08/20/2015) Certified 1 $3.45 (®®USPS Certified Mail #) (70151730000219191553) Return 1 $2.80 Receipt (!#CUSPS Return Receipt #) (9590952106150271350895) First -Class 1 $0.49 Mail Letter (Domestic) (WINDSOR, CO 80550) (Weight:0 Lb 0.80 Oz) (Expected Delivery Day) (Thursday 08/20/2015) Certified 1 $3.45 (r'r'USPS Certified Mail #) (70151730000219191560) Return 1 $2.80 Receipt (lf1USPS Return Receipt #) (9590952106150271350901) Total $48.94 Credit Card Remitd $48.94 (Card Name:VISA) (Account #:XXXXXXXXXXXX6113) (Approval #:727685) (Transaction #:306) For tracking or inquiries go to USPS.com or call 1-800-222-1811. Order stamps at usps.com/shop or call 1-800-Stamp24. Go to usps.com/clicknship to print shipping labels with postage. For other information call 1 -800 -ASK -USPS. Get your mail when and where you want it with a secure Post Office Box. Sign up for a box online at usps.com/poboxes. *WICW*X*W c**X*WrcrcW**W**rcW**XX*xrcrc*W:e*WW All sales final on stamps and postage Refunds for guaranteed services only Thank you for your business HELP US SERVE YOU BETTER Go to: https://postalexperience.com/Pos TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE YOUR OPINION COUNTS Bill #: 840-58000412-1-58926-2 Clerk: 16