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Home My WebLink About1.07 Title Committment - Robert LawtonCOMMITMENT for TITLE INSURANCE issued by ~ '!;~1~t,COMPANY as agent for WESrCOR LAND TITLE INSURANCE COMPANY Reference: Commitment Number: 1200165 Commitment Ordered By: Inquiries should be directed to: Kari Arneson Other Title Company of the Rockies 111 E. 3rd Street Floor 1, Suite 101 Rifle, co 81650 Phone: 970-625-5426 Fax: 844-269-2759 email: KArneson@titlecoroclcics.com Reference Property Address: 501 Mel Ray Rd, Glenwood Spriap, CO 81601 SCHEDULE A 1. Effective Date: September 15, 2015, 7:00 am Issue Date: September 23, 2015 2. Policy (or Policies) to be issued: ALTA Owner's Policy (6-17-06) Policy Amount: Premium : Proposed Insured: To Be Determined 3. The estate or interest in the Land dcscn"bcd or referred to in this Commitment is: Fee Simple and Title to said estate or interest is at the Effective Dale vested in : Robert E . Lawton 4. The Land referred to in this Commitment is localed in the County of Garfield, State of Colorado, and is described as follows : Lot17, Block9 WESTERN HILLS SUBDIVISION, acconlini to the Plat recorded December 23, 1958 as Resepdoa No. 203826. Cou.nty of Garfield, State of Colorado Commitment No. 1200165 COMMITMENT FOR Tm.E INSURANCE SCHEDULE B -SECllON I REQUIREMENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: Schedule B-1 Requirements Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estateorinteresttobeinsure~ Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit 1. For Informational Purposes Only, no Title Policy will be issued hereunder. Alta Commitmmt-2006 CODUPitznentl'io. 1200165 COMMITMENT l'OR TITLE INSURANCE SCHEDULE B • SECl'ION II ExCEPTIONS Schedule B·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 satisfiiction of the Company. Any loss or dam&&e, including attorney fees, by reason of the mattm shown below: I. 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 e.ffecting the Title that would be disclosed by an accumc 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 attachin& subsequent to the effective date hereo( 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 taxin& 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) Unpatcnted mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) Minerals of whatsoever kind, subsurfilce 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 saJes. 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 June 18, 1892, in Book 12 at Page 172 as Reception No. 14164. 12. Easement and right of way for road purposes, as granted by Silas W. Nott to Board of County Commissioners by instrument recorded June 5, 1893, in Book 32 at Page 469 as Reception No. lliQl. 13.Ditcb Agreement recorded December 29, 1914, in Book 94 at Page 335 as Reception No. 50792. Alta Comnrltmmt-2006 CommitmcntNo. 1200165 Schedule B-D Exceptioos (cootinucd) 14.Ditch Esementrccorded February 3, 1940, in Book 195 at Page 414 as RecCJ)tionNo . 138460. IS .Any and all ditches and ditch righb. 16.Rcstrictions, which do not contain a forfeiture or reverter clause, as contained in instnunent recorded December 23, 1958, at Reception No· 203827, as amended by instrument recorded April 18, 1960, in Book 325 at Page 294 as Reception No. 209143. 17. Water Service Agreement recorded at Reception No. 202896. 18.Road EascmellU described in Deeds recorded August 19, 1976, in Book 487 at Page 923 as Rcceotion No. 274059 and recorded March 28, 19n, in Book 494 at Page 779 as Reception No. Wlil. 19.Easements, rights of way and all other matters as shown on the Plat ofWestern HiUs Subdivision recorded December 23, 1958 as Reg;ption No. 203826. 20.Dced ofTrust from Robert E. Lawton to the Public Trustee of Garfield County for the use of Bank of Colorado to secure $10,000.00 dated January 24, 2006, recorded January 31, 2006 as Reception No. ~. Alta Commi1111mt -2006 Commitment No. 120016S Disclosure Stuemcots DISCLOSURE STATEMENTS Note 1: Colorado Division oflnsurance Regulations 3-S·l, Paragraph C of Article VII, requires that REveey Title entity shall be rcsp<>DSJole 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 oflegal documents resulting from the transaction which was closed." (Oap 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 followini condition!: A. The Land descnoed 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 tbmished by mechanics or materialmen for purpose of construction on the Land descn"bcd in Schedule A of this Commitment within the past 13 months. C. The Company must receive an appropriate affidavit indemnifying the Company against untiled mechanic's and ma!erialmen'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 covenige. 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 taxinijurisdiction shall be obtained from the Co1mty Treasurer or the County Treasurer's authorized agent; and (iii) Information regarding special districts and the bolDldaries of such distri~ may be obtained from the County Commissioners, the Co1mty 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 withholdin& provisions of C.R.S. §39-22-604.5 (Non-resident withholding). Note S: 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 sudBce estate then there is a substantial likelihood that a third party bolds some or all interest in oil, ps, 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 confonn. 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) y~ except as otherwise permitted by law. Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby ~ven that "A title entity shall not earn interest on fiduciary funds unless discloSW"C is made to all necessmy 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 thJtt, 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 (0) 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: I. 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 thepayor. 3. In the event of any controversy rcgardin& the funds held by the title entity (notwithstanding any termination of the contract), the title entity shall not be required to take any action un1ess and until such controversy is resolved. At its option and discretion, the title entity may: a. Await any proceeding; or b. lnterplead 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. n