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HomeMy WebLinkAbout1.00 ApplicationKarp_ Neu_HAanlYonw Karl J. Hanlon ljjh@mountainlawfirm.com February 16, 2016 Sander N. Karp* James S. Neu Karl J. Hanlon Michael J. Sawyer James F. Fosnaught Jeffrey J. Conklin Andrew A. Mueller Fellow of the College of Labor and Employment Lawyers Hand Delivery Kathy Eastley, AICP Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Matthew L. Trinidad Patrick L. Barker Jon T. Hoistad Delphine F. Janey Of Counsel Richard 1. Zuber** Anna S. Itenberg Greg S. Russi Hollie L. Wieland "* Fellow of the American Academy of Matrimonial Lawyers Glenwood Springs Office 201 14th Street, Suite 200 P. 0. Drawer 2030 Glenwood Springs, CO 81602 Aspen Ofce * * * 323 W. Main Street, Suite 301 Aspen, CO 81611 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 www.mountainlawfirm.com ...All correspondence should be sent to the Glenwood Springs office Re: Final Plat Amendment Application Ironbridge Phase II, Filing 1, 2, 3 — Lots 251 to 254 Dear Kathy: Enclosed is an Application for a Final Plat Amendment for Phase II of the Ironbridge Subdivision, particularly related to Lots 251, 252, 253 and 254. The applicants make this request to shift the lot lines in order to accommodate existing roof overhangs. On January 17, 2014 a Pre -Application Conference was held with Kathy Eastley regarding this Plat Amendment. In the summary of the pre -application conference the following documents were requested to process the application: A. General Application Materials; 1. Cover letter explaining the request, 2. Deed to demonstrate ownership, 3. Application form and fee, 4. Agreement to Pay Form, 5. Title Commitments for each lot, 6. Letters of authorization, 7. Names and mailing addresses of properties within 200', 8. Assessor map indicating properties within 200', 9. Mineral Ownership List, Karp.Neu_HAanlonw Final Plat Amendment Application Ironbridge Phase II, Filing 1, 2, 3 — Lots 251 to 254 Page 2 B. Vicinity Map — included as part of the Draft Amended Final Plat; C. Copy of existing plat; D. Final Plan Map — presented as Existing Conditions Exhibit for Lots 251 through 254; E. Draft Amended Final Plat; F. Copy of pre -application conference form; G. Subdivision Improvements Agreement — Applicants are requesting a waiver from providing an SIA as there are no new public improvements and the plat amendment is only adjusting lot lines; H. CCRs. The complete application is also contained on the CD submitted herewith. Should you have any questions regarding the application please do not hesitate to contact either myself or Matt Langhorst at High Country Engineering. KJH:ap Enclosures cc: BH Holdings, LLC Aspen Signature Homes of Ironbridge, LLC Mr. and Mrs. Rainwater Very truly yours, KARP NEU HANLON, P.C. neon 1111 pgLrmoMl+,do !N'i�JIL"F��I��I I�Jk�'u�l� sl IN Reception#: 872181 01)08/2016 11:60:01 AM Jean Alberlco I of 2 Reo Fee:$16.00 Doc Fee:0,00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED sr THIS DEED, made this 3< day of Al t2 -c- • , 2015, between BLUE HERON PROPERTIES, LLC, a Colorado limited liability company, Grantor, and BH HOLDINGS, LLC, a Colorado limited liability company, whose legal address is 430 Ironbridge Drive, Glenwood Springs, CO 81601, Grantee, WITNESSETH, that the Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00),and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey, and confirm, unto the Grantee its heirs and assigns forever, all the real property, together with all improvements, if any, situate, lying and being in the County of Garfield, and State of Colorado, described as follows: See Exhibit A, attached hereto and incorporated herein by this reference, TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its heirs and personal representatives, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the Grantee, its heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. IN WITNESS WHEREOF, the Grantor has executed this Special Warranty Deed on the date set forth above. State of Colorado County of fad eb, BLUE HERON PROPERTIES, LLC, a Colorado limited liability company By: Blue Heron Management, LLC, Manager, By James s W. Light,, anager ) ss. The foregoing was acknowledged before me this Q318—+ day of DPc, 2015, by James W. Light, as Manager of Blue Heron Management, LLC, a Colorado limited liability company, as Manager of Blue Heron Properties, LLC, Grantor. Witness my hand and official seal. My commission expires: G ` J 9 " ((Q CHER R. VINCENT NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20124054464 MYCOMMISSIOt4 EXPIRES 08C29f2o18 ®IIIH»i1riorm lfu 11111 Reception#: 872181 01/06/2016 11:E0:01 RM Jean Rlberico 2 of 2 Rec Fee:$16.00 Doc Fee:0.00 GARFIELD COUNTY CO EXHIBIT A PARCEL A: Lots 72, 74 80, 251, 252, 255, 256, 261, 262, 263, 264, 265, 266, 270, 272, 273, 276, 277, 279, 280, 281, 282, 283, 284, 285, 294, 295 IRONBRIDGE PLANNED UNIT DEVELOPMENT PHASE II, FILINGS 1, 2 AND 3, ACCORDING TO THE PLAT RECORDED JULY 19, 2006, UNDER RECEPTION NO. 702420, COUNTY OF GARFIELD, STATE OF COLORADO. PARCEL B: PHASE III, FILING 2 OF THE IRONBRIDGE PLANNED UNIT DEVELOPMENT, AS DEPICTED ON THE FINAL PLAT THEREOF RECORDED ON SEPTEMBER 22, 2015 UNDER RECEPTION NO, 868309, WHICH PHASE III IS DEPICTED AS A PORTION OF THE FUTURE DEVELOPMENT PHASE III PARCEL ON THE AMENDED AND RESTATED FINAL PLAT OF IRONBRIDGE PLANNED UNIT DEVELOPMENT PHASE I, ACCORDING TO THE PLAT RECORDED JULY 16, 2004 UNDER RECEPTION NO. 654210. 872954 01/27/2016 03:39:08 PM Page 1 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $0.00 eRecorded Document prepared by: After recording return to: Karl Hanlon Karp Neu Hanlon PC 201 14th Street, Suite 200 Glenwood Springs, CO 81601 STATEMENT OF AUTHORITY 1. This Statement of Authority relates to an entity named BH Holdings, LLC (the "Company"), and is executed on behalf of the entity pursuant to the provisions of Section 38- 30-172, C.R.S. 2. The type of entity is a Colorado limited liability company. 3. The entity is formed under the laws of the State of Colorado. 4. The mailing address for the entity is: 430 Ironbridge Drive, Glenwood Springs, CO 81601. 5. The Manager named below is authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity. Blue Heron Management, LLC, by its Manager, John B. Young 6. The authority of the foregoing Manager to bind the entity is not limited. 7. Other matters concerning the manner in which the entity deals with interests in real property: No other matters or restrictions or limitations. Signature page follows immediately 1 of 2 872954 01/27/2016 03:39:08 PM Page 2 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $0.00 eRecorded Executed this day of \-\ , 2016. BEI HOLDINGS, LLC A COLORADO LIMITED LIABILITY COMPANY By its Manager, Blue Heron Management, LLC, a Color ad61i 't CoMpatly (1\. By: John B. Yk1n itge STATE OF COLORADO COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this '"'day , 2016, by BEE Holclintts, LLC by its Manager, Blue Heron Management, [1C, by its MaAger, John B. Young. Witness my hand and official seal, MARIANNE MCGARRY NOTARY PUBLIC STATE OF COLORADO NOTARY IC 19.994022789 MY COMMISSION EXPIRES SEPT. 92019 .; 2 of 2 •-•\ • • ,,,,,, Notary Public 869971 11/02/2015 10:29:33 AM Page 1 of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $11.00 Doc Fee: $7.50 eRecorded WARRANTY DEED THIS DEED, made this 29th day of October, 2015, between BLUE HERON PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY whose address is 430 Ironbridge Drive, Glenwood Springs, CO 81601, GRANTOR(S), and ASPEN SIGNATURE HOMES OF IRONBRIDGE, LLC, A COLORADO LIMITED LIABILITY COMPANY whose address is 1555 Palm Beach Lakes Blvd, Suite 1100, West Palm Beach, FL 33401, GRANTEE(S): WITNESS, that the grantor(s), for and in consideration of the sum of SEVENTY FIVE THOUSAND AND 00/100 DOLLARS (175,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, grantee's heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado, described as follows: Lot 253, IRONBRIDGE PLANNED UNIT DEVELOPMENT, according to the Amended Final Plat of BIock 2 of Phase II, (Except Lots 271, 274, 286,288, 290 AND 296) Block 3 of Phase 11, (Except Lots 250, 254, 258, 259, 260 and 268) recorded July 22, 2014 as Reception No. 851641. County of Garfield, State of Colorado also known by street and number as: 76 Eagle Claw Cir, Glenwood Springs, CO 81601 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appurtaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, grantees heirs and assigns forever. The grantor, for the grantor, grantor's heirs, and personal representatives, does covenant, grant, bargain and agree to and with the grantee, grantee's heirs and assigns, that at the time of the ensealing and delivery of these presents, grantor is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except general taxes for the current and subsequent years, and except easements, covenants, conditions, restrictions, reservations, and rights of way of record, if any. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantees, grantee's heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. Blue Heron Properties, LLC, a Colorado limited Iiability company By: Blue Heron Management, LLC, a Colorado limited liability company By: CLM Blue Herron, LLC, a Colorado limited liability company By: (.1", Jane's ]. Light, Manager J State of Colorado County of Garfield MARY L. SCHEURICH NOTARY PUBLIC STATE OF COLORADO NOTARY ID #19974007954 My Commission Expires May 22, 2017 The foregoing instrument was acknowledged, subscribed and sworn to before me this 29th day of October, 2015, by James W. Light, Manager of CLM Blue Heron, LLC, a Colorado limited liability comany, by its Manager Blue Heron Management, LLC, a Colorado limited Liability company, by its Manager Blue Heron Properties, LLC, a Colorado limited liability company My Commission Expires: GENERAL WARRANTY DEED - PHOTGRAPHIC RECORD Witness my Hatyl and Official Seal : hT[.E,COMPANY 0600212 856061 11/17/2014 11:12:22 AM Page 1 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $0.00 eRecorded III IAI III I IIIItII II I B II STATEMENT OF AUTHORITY 038-30-172, C.R.S.) This Statement of Authority relates to an entity' named ASPEN SIGNATURE HOMES OF IRONBRIDGE, LLC 2. The of entity is a: Corporation Nonprofit Corporation X Limited Liability Company General Partnership Limited Partnership Registered Limited Liability Partnership Registered Limited Liability Limited Partnership Limited Partnership Association Government or Governmental Subdivision or Agency Trust 3. The entity is formed under the laws of COLORADO 4, The mailing address for the entity is 1555 PALM BEACH LAKES BLVD, SUITE 1100, WEST PALM BEACH, FL 33401 5. The X name X position of each person authorized to execute jOstruments conveying, encumbering or otherwise affecting tide to real property on behalf of the entity is MANAGER 1, LLC, A FLORIDA LIMITED LIABILITY COMPANY ITS MANAGER, BY E. LLWYD ECCLESTONE, IR. AS MANAGER OR E. LLWYD ECCLESTONE, III AS AUTHORIZED SIGNATORY 6. The authority of the foregoing person(s) to bind the entity: _X_ is2 not limited is limited as follows: 7. Other matters concerning the manner in which the entity deals with interests in real property: 8. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of §38-30-172, C.R.S 3 9. This Statement of Authority amends and supersedes in all respects any and all prior dated Statements of Authority executed on behalf of the entity. Executed this / e3 day of /VD4vt'.l irtr ASPEN SIGNATURE HOMES OF IRONBRIDGE, LLC, A COLORADO LIMITED LIABILITY COMPANY BY: MANAGER 1, LLC, A FLORIDA LIMITED OMPANY, ITS GB CCLESTONE,AUTHORIZ III, BY: E. LL SIGNATORY ' This fowl should not be used unless the entity is capable of holding the to real property. The absence of any limitation shall be prima facie evidence that no such limitation exists. The statement of authority must be recorded to obtain the benefits of the statute. Form 13759 03/2005 soa.odt 63009003.1 120466644 pg 1 of 2 856061 11/17/2014 11:12:22 AM Page 2 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $0.00 eRecorded State of COLORADO ) )ss County of GARFIELD )� The foregoing instrument was acknowledged before me this /a") day of A I Ire-vit'AO ( by E. LLWYD ECCLESTON, III AS AUTHORIZED SIGNATORY FOR MANAGER 1, LLC, AFLORIDA LIMITED LIABILITY COMPANY AS MANAGER OF ASPEN SIGNATURE HOMES OF IRONBRIDGE, LLC, A COLORADO LIMITED LIABILITY COMPANY Witness my hand and official seal. My commission expires: Pohl JAN9CEL JOHNSONNOTARY PUBLIC STATE OF COLORADO NOTARY ID 19904008618 My Commission Expires April 19, 2016 Farm 13759 03/2005 soa.odt 63009403.1 {20466643} pg 2 of 2 `Y 111111M.PIPROINEANAVAIWOCiiklifiiiiiii11101 Reception#; 756292 09/24/2008 04:33:02 PM Jean Rlberico 1 of 1 Rec Fee:$6.00 Doc Fee,37.90 Gf1RFIELD COUNTY CO 11111111 III 11111111111111111111111 WARRANTY DEED THIS DEED, Made on this day of September 19, 2008 , between IRONBRIDGE ASPEN COLLECTION, LLC of the County of GARFIELD and State of COLORADO STATE DOCUMENTARY FEE Date; September 19, 2008 $ 37.90 LARRY R. RAINWATER AND KAREN L. RAINWATER, as Joint Tenants whose legal address is : 3814 N. 95TH STREET OMAHA, NE 68134 , the Grantor(s), and of the County of and State of NEBRASKA , the Grantee(s); WITNESS, That the Grantor(s), for and in consideration of the sum of ( $378,979.00 *** Three Hundred Seventy Eight Thousand Nine Hundred Seventy Nine and 00/10DOPAARS the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee(s), his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of GARFIELD and State of Colorado, described as follows: LOT 254 IRONBRIDGE PLANNED UNIT DEVELOPMENT PHASE II, FILINGS 1, 2 AND 3 ACCORDING TO THE PLAT RECORDED JULY 19, 2006, UNDER RECEPTION NO. 702420. COUNTY OF GARFIELD STATE OF COLORADO also known as street number LOT 254 IRONBRIDGE PUD PHASE II, 0100 EAGLE CLAW CIRCLE, GLENWOOD SPRINGS, CO 81601 TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and alt the estate, right title interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s), his heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in taw, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sates, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, Subject to general taxes for the year 2008 and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Orantee(a) in accordance with Section 8.1 (Title Review) of the Contract to Buy and Sell Real Estate relating to the above described property; diatribatlon utility easseento (including cable TV); those specifically described rights of third parties not ebown by the public records of which Grantee(t) has actual knowledge and which were accepted by Grantee(o) in accordance with Section 8.2 (Matters not Shown by the Public Records) and Section 8.3 (Survey Review) of the Contract to Buy and Sell Real Estate relating to the above described real property; inclusion of the Property within any special tax district; and, the benefit, and burdens of any recorded declaration and party wall agreements, if any and other NONE The Grantor(s) shall and wiLL WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set forth above. STATE OF IRONBRIDGE ASPOLLECTION, DIRIt,. 0SDA, MANAGER COLORADO ) )ss. County of GARFIELD The foregoing instrument was acknowledged before me on this day of September 29, 2008 by DIRK COSDA AS MANAGER OF IRONBRIDCE ASPEN COLLECTION, LLC My commission expires 1��/ p�� Witness my hand and offi is seal. Name and ••rejb#l➢6i Y Pu�tjr)g,Newly Escrow# GW 30031 Lull Form 84 08 3oeTE OF COLORADO 5 /20 2Wt6/00 iilORAWf�it isEBED0411(Phot1o2graphic) Created Legal Descriptio 8-35-106.5, C When Recorded Ret lrn to:LARRY R. RAINWATER AND KAREN L. RAINWATER 3814 N. 95TH STREET OMAHA, NE 65134 (6924276) .. Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION • Minor Subdivision • Preliminary Plan Amendment Major Subdivision 0 Final Plat Amendment • Sketch ■ Preliminary ■ Final • Common Interest Community Subdivision Conservation Subdivision • Public/County Road Split Exemption • Yield ■ Sketch 1 Preliminary ■ Final • Rural Land Development Exemption • Time Extension INVOLVED PARTIES Owner/Applicant Name: Please see attached Owner/Applicant List Phone: ( Mailing Address: City: E-mail. State: Zip Code: Representative (Authorization Required) Name: Karl J. Hanlon Phone: ( 970 ) 945-2261 ext 114 Mailing Address: P.O. Drawer 2030 City: Glenwood Springs State: CO zip code: 81602 E-mail: kjh@mountainlawfirm.com PROJECT NAME AND LOCATION Project Name: Ironbridge Plat Amendment, Phase II - Lots 251 to 254 Assessor's Parcel Number: see attached - Physical/Street Address: Legal Description: Ironbridge PUD Zone District: PUD Property Size (acres): Project Description Existing Use: Planned Unit Development with Golf Course REQUEST FOR WAIVERS Submission Requirements ❑ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards ❑ The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurat of my knowledge. jjjj 11; wio BH Holdings, LLC Signature of Proper .. wner - Date OFFICIAL USE ONLY File Number:____ ____ Fee Paid: $ - Proposed Use (From Use Description of Project: Minor Table 3-403): Plat Amendment to adjust lot lines on four parcels, (Lots 251.254) encompassing approximately 0.3 acres of transferal between the 4 lots. Proposed Development Area Land Use Type # of Lots # of Units ! Acreage Parking Single Family 4 Duplex Multi -Family Commercial Industrial Open Space Other Total 4 REQUEST FOR WAIVERS Submission Requirements ❑ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards ❑ The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurat of my knowledge. jjjj 11; wio BH Holdings, LLC Signature of Proper .. wner - Date OFFICIAL USE ONLY File Number:____ ____ Fee Paid: $ - Project Description Existing Use: Planned Unit Deveiapment with Goif Course Proposed Use (From Use Table 3403): Description of Project: Minor Plat Amendment to adjust tot lines on four parcels, (Lots 251-254) encompassing approximately 0.3 acres of transferal between the 4 lots. Proposed Development Area Land Use Type # of Lots J # of Units Acreage Parking Single Family 4 Duplex Multi-Family Commercial Industrial Open Space Other Total _____ __._ 4 REQUEST FOR WAIVERS Submission Requirements ■ The Applicant requesting a Waiver of Submission Requirements per Section 4--202. List: Section: Section: Section: Section: Waiver of Standards 17The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. Zi<14 3 /Signature of Property Owner Aspen Signature Homes of Ironbridge, LLC Date OFFICIAL USE ONLY File Number: - Fee Paid: $ N eb 11 16 07:05a Rainwater ■ ■■■ �. ■ Project Description Existing Use: Planned Unit Development with Golf Course 402-572-9212 p.1 Proposed Use (From Use Table 3-403): Description of Project: Minor Plat Amendment to adjust lot lines on four parcels, (Lots 251-254) encompassing approximately 0.3 acres of transferal between the 4 lots. Proposed Development Area Land Use Type # of Lots j it of Units 1 Acreage Parking Single Family 4 1 Duplex I i i I Multi -Family i l 1 LCommercial i Industrial Open Space i Other } —i Total l 4 REQUEST FOR WAIVERS Submission Requirements • The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: • Waiver of Standards En The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. � t L '``Je7-24 d /2u (o Signatufe of Property Owner Date i OFFICIAL USE ONLY 1 II I File Number: _ _ _ _ Fee Paid: $ 1 Attachment to Divisions of Land Application Form Owners/Applicants: Lots 251 and 252 Parcels 239501329251 and 239501329252 28 and 52 Eagle Claw Circle, Glenwood Springs CO 81601 BH Holdings, LLC 430 Ironbridge Drive, Glenwood Springs, CO 81601 Lot 253 Parcel 239501329253 76 Eagle Claw Circle, Glenwood Springs CO 81601 Aspen Signature Homes of Ironbridge, LLC, 1555 Palm Beach Lakes Blvd., Suite 1100, West Palm Beach, FL 33401 Lot 254 Parcel 23950132925 100 Eagle Claw Circle, Glenwood Springs CO 81601 Larry and Karen Rainwater 3814 N. 95th Street Omaha, NE 68134 Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") BH Holdings, LLC agree as follows: 1. The Applicant has submitted to the County an application for the following Project: Ironbridge Plat Amendment, Phase II - Lots 251 to 254 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person: John Young Phone: ( 970 ) 384-0630 Billing Contact Address: 430 Ironbridge Drive City: Glenwood Springs Billing Contact Email: JYoung@ironbridgeclub.com Printed Name o State: CO zip Code: 81601 horized to Sign: John Young (Signa — — c(c).(Date) FPI Land Title Customer Distribution Our Order Number: GW63010340 Date: 01-19-2016 Property Address: 28 & 52 EAGLE CLAW CIRCLE, GLENWOOD SPRINGS, CO 81601 For Title Assistance TITLE DEPARTMENT 1317 GRAND AVE #200 GLENWOOD SPRINGS, CO 81601 970-945-2610 (phone) 970-945-4784 (fax) glenwoodresponse@ltgc.com Agent for Seller KARP NEU HANLON ATTORNEYS AT LAW Attention: ANGELIQUE PETTERSON PO BOX 2030 201 14TH ST #200 GLENWOOD SPRINGS, CO 81602 970-945-2261 (work) 970-945-7336 (work fax) app@mountainlawfirm.com Delivered via: Electronic Mail ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: GW63010340 Customer Ref -Loan No.: Property Address: 28 & 52 EAGLE CLAW CIRCLE, GLENWOOD SPRINGS, CO 81601 1. Effective Date: 01-08-2016 At 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "TBD" Commitment $0.00 Proposed Insured: A BUYER TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: BH HOLDINGS, LLC, A COLORADO LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: LOTS 251 AND 252 IRONBRIDGE PLANNED UNIT DEVELOPMENT ACCORDING TO THE AMENDED FINAL PLAT OF BLOCK 2 OF PHASE 11, (EXCEPT LOTS 271, 274, 286, 288, 290 AND 296) AND BLOCK 3 OF PHASE 11, (EXCEPT LOTS 250, 254, 258, 259, 260 AND 268) RECORDED JULY 22, 2014 UNDER RECEPTION NO. 851641. COUNTY OF GARFIELD STATE OF COLORADO Copyright 2006-2016 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. AMERICAN LAND 1'tur ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: GW63010340 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: GW63010340 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. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that 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 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 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) water rights, claims or title to water. 8. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 20, 1899, IN BOOK 12 AT PAGE 509 AND RECORDED JANUARY 15, 1896 IN BOOK 12 AT PAGE 394 AND RECORDED MARCH 24, 1896 IN BOOK 12 AT PAGE 411 AND RECORDED FEBRUARY 17, 1896 IN BOOK 12 AT PAGE 408 AND RECORDED MAY 17, 1897 IN BOOK 12 AT PAGE 460. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 20, 1899, IN BOOK 12 AT PAGE 509 AND RECORDED JANUARY 15, 1896 IN BOOK 12 AT PAGE 394 AND RECORDED MARCH 24, 1896 IN BOOK 12 AT PAGE 411 AND RECORDED FEBRUARY 17, 1896 IN BOOK 12 AT PAGE 408 AND RECORDED MAY 17, 1897 IN BOOK 12 AT PAGE 460 AND RECORDED NOVEMBER 29, 1913 IN BOOK 92 AT PAGE 326. 10. RESERVATIONS AS CONTAINED IN PATENT RECORDED AND RECORDED JULY 1, 1969 IN BOOK 402 AT PAGE 587. 11. MAPS AND STATEMENTS OF THE ROBERTSON DITCH RECORDED JANUARY 2, 1884 IN BOOK 7 AT PAGE 115 AND FILED JUNE 30, 1888 AS RECEPTION NO. 7200. 12. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED JANUARY 09, 1979 IN BOOK 521 AT PAGE 468. 13. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 98-80 RECORDED SEPTEMBER 09, Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: GW63010340 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: 1998 IN BOOK 1087 AT PAGE 862. 14. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED DECEMBER 07, 1998 IN BOOK 1102 AT PAGE 643, AND AGREEMENT RECORDED OCTOBER 17, 2002 IN BOOK 1396 AT PAGE 980. 15. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 99-067 RECORDED JUNE 08, 1999 IN BOOK 1133 AT PAGE 911. 16. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 99-068 RECORDED JUNE 08, 1999 IN BOOK 1133 AT PAGE 922. 17. TERMS, CONDITIONS AND RESERVATIONS CONTAINED IN MINERAL DEED RECORDED MAY 15, 1964 IN BOOK 358 AT PAGE 63. 18. TERMS, CONDITIONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENT RECORDED SEPTEMBER 11, 2000, IN BOOK 1206 AT PAGE 629 AND AS AMENDED IN INSTRUMENT RECORDED SEPTEMBER 11, 2000, IN BOOK 1206 AT PAGE 637, AND AMENDED IN INSTRUMENT RECORDED NOVEMBER 14, 2000 IN BOOK 1217 AT PAGE 266, AND AMENDED IN INSTRUMENT RECORDED FEBRUARY 20, 2002 IN BOOK 1330 AT PAGE 418 AND AMENDED IN INSTRUMENT RECORDED MARCH 1, 2002 IN BOOK 1333 AT PAGE 855, AND AMENDED IN INSTRUMENT RECORDED JUNE 16, 2004 IN BOOK 1596 AT PAGE 871. 19. TERMS, CONDITIONS AND PROVISIONS OF PRE -INCLUSION AGREEMENT RECORDED SEPTEMBER 11, 2000 IN BOOK 1206 AT PAGE 640. 20. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED MARCH 18, 2003, IN BOOK 1447 AT PAGE 884 AND AS AMENDED IN INSTRUMENT RECORDED DECEMBER 09, 2004, IN BOOK 1646 AT PAGE 3, FIRST SUPPLEMENTAL RECORDED JULY 19, 2006 IN BOOK 1822 AT PAGE 283 AND AMENDED IN INSTRUMENT RECORDED AUGUST 3, 2007 UNDER RECEPTION NO. 729973. 21. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF GOLF FACILITIES RECORDED SEPTEMBER 11, 2000 IN BOOK 1206 AT PAGE 734. 22. TERMS, CONDITIONS AND PROVISIONS, EASEMENTS AND RIGHTS OF WAY RECORDED SEPTEMBER 11, 2000 IN BOOK 1206 AT PAGE 748. 23. TERMS, CONDITIONS AND PROVISIONS OF DEVELOPMENT AGREEMENT RECORDED SEPTEMBER 11, 2000 IN BOOK 1206 AT PAGE 780. 24. TERMS, CONDITIONS AND PROVISIONS OF ASSIGNMENT OF SUBDIVISION RIGHTS AND APPROVALS RECORDED DECEMBER 12, 2000 IN BOOK 1221 AT PAGE 745. 25. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2004-20 RECORDED FEBRUARY 11, 2004 IN BOOK 1560 AT PAGE 431, CORRECTION RESOLUTION NO. 2004-26 RECORDED MARCH 2, Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: GW63010340 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: 2004 IN BOOK 1565 AT PAGE 600. 26. EASEMENTS, RIGHTS OF WAY AND ALL MATTERS SHOWN ON THE PLAT RECORDED JUNE 16, 2004 UNDER RECEPTION NO. 654210. 27. TERMS, CONDITIONS AND PROVISIONS OF RESTRICTIVE COVENANTS ESTABLISHING COMMON AREA MAINTENANCE RECORDED FEBRUARY 28, 2005 IN BOOK 1665 AT PAGE 950. 28. EASEMENTS, RIGHTS OF WAY AND ALL MATTERS SHOWN ON THE FINAL PLAT OF PHASE 11 RECORDED JULY 19, 2006 UNDER RECEPTION NO. 702420. 29. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2006-35 RECORDED MARCH 22, 2006 IN BOOK 1782 AT PAGE 269. 30. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2006-34 RECORDED MARCH 22, 2006 IN BOOK 1782 AT PAGE 264. 31. TERMS, CONDITIONS AND PROVISIONS OF SUBDIVISION IMPROVEMENTS AGREEMENT RECORDED JULY 19, 2006 IN BOOK 1822 AT PAGE 250. 32. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED AUGUST 03, 2007 UNDER RECEPTION NO. 729974. 33. TERMS, CONDITIONS AND PROVISIONS OF ASSIGNMENT OF DECLARANT RIGHTS RECORDED AUGUST 30, 2013 AT RECEPTION NO. 840145. 34. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2014-14 RECORDED MARCH 25, 2014 AT RECEPTION NO. 847515. 35. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF THE AMENDED FINAL PLAT OF BLOCK 2 OF PHASE 11, AND BLOCK 3 OF PHASE 11 OF IRONBRIDGE PLANNED UNIT DEVELOPMENT RECORDED JULY 22, 2014 UNDER RECEPTION NO. 851641. NOTE: SPECIAL WARRANTY DEED RECORDED JANUARY 6, 2016 UNDER RECEPTION NO. 872181, HAS AN INCORRECT LEGAL DESCRIPTION FOR LOTS AFFECTED BY NEW PLAT RECORDED JULY 22, 2014 UNDER RECEPTION NO. 851641. JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information (Personal Information"). In the course of our business, we may collect Personal Information about you from: ► applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; ► your transactions with, or from the services being performed by, us, our affiliates, or others; ► a consumer reporting agency, if such information is provided to us in connection with your transaction; and ► the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non -affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: ► We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. ► We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. ► Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. ► We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. PR! Land Title :1 .:14.1 LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 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 will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property) C) The 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: Effective September 1, 1997, CRS 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 of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph G 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". Provided that Land Title Guarantee Company 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 Lenders 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-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 material -men 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 un -filed mechanic's and material -men'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 CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. 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. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. ;OxPLTIT�F41,,, Commitment to Insure * 2 * itGy 2 ., * z - 27.3 * OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable * * O consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed d� * * O . Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, ',�' 'o �O '� M." .•‘ andupon B and ato the the Conditions of thisaCommitment. and compliance with the requirements; all subject to the provisions of Schedule A 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 such policy or policies is not the fault of the Company. ALTA Commitment - 2006 Rev. CONDITIONS AND STIPULATIONS 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 acquires 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 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 the 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. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 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. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material theretofore 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. IN WITNESS WHEREOF, Old Republic National 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 to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 17 John E. Freyer President Authorized Officer or Agent Old Republic National Title Insurance Company a Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 (612)371-1111 Mark Bilbrey President Ramie Yeager Secretary AMERICAN LAND TITLE ASSOCIATION FPI Land Title Customer Distribution Our Order Number: GW63010339 Date: 01-15-2016 Property Address: 76 EAGLE CLAW CIRCLE, GLENWOOD SPRINGS, CO 81601 For Title Assistance TITLE DEPARTMENT 1317 GRAND AVE #200 GLENWOOD SPRINGS, CO 81601 970-945-2610 (phone) 970-945-4784 (fax) glenwoodresponse@ltgc.com Agent for Seller KARP NEU HANLON ATTORNEYS AT LAW Attention: ANGELIQUE PETTERSON PO BOX 2030 201 14TH ST #200 GLENWOOD SPRINGS, CO 81602 970-945-2261 (work) 970-945-7336 (work fax) app@mountainlawfirm.com Delivered via: Electronic Mail ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: GW63010339 Customer Ref -Loan No.: Property Address: 76 EAGLE CLAW CIRCLE, GLENWOOD SPRINGS, CO 81601 1. Effective Date: 01-08-2016 At 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "TBD" Commitment $0.00 Proposed Insured: A BUYER TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: ASPEN SIGNATURE HOMES OF IRONBRIDGE, LLC, A COLORADO LIMITED LIABILITY COMPANY 5. The Land referred to in this Commitment is described as follows: LOT 253 IRONBRIDGE PLANNED UNIT DEVELOPMENT ACCORDING TO THE AMENDED FINAL PLAT OF BLOCK 2 OF PHASE 11, (EXCEPT LOTS 271, 274, 286, 288, 290 AND 296) AND BLOCK 3 OF PHASE 11, (EXCEPT LOTS 250, 254, 258, 259, 260 AND 268) RECORDED JULY 22, 2014 UNDER RECEPTION NO. 851641. COUNTY OF GARFIELD STATE OF COLORADO Copyright 2006-2016 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. AMERICAN LAND 1'tur ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: GW63010339 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: GW63010339 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. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that 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 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 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) water rights, claims or title to water. 8. DEED OF TRUST DATED OCTOBER 29, 2015, FROM ASPEN SIGNATURE HOMES OF IRONBRIDGE, LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF ANB BANK TO SECURE THE SUM OF $457,400.00 RECORDED NOVEMBER 02, 2015, UNDER RECEPTION NO. 869972. DISBURSER'S NOTICE IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED NOVEMBER 02, 2015, UNDER RECEPTION NO. 869973. 9. FINANCING STATEMENT WITH, ANB BANK THE SECURED PARTY, RECORDED NOVEMBER 09, 2015 UNDER RECEPTION NO. 870247. 10. RIGHT OF PROPRIETOR OFA VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 20, 1899, IN BOOK 12 AT PAGE 509 AND RECORDED JANUARY 15, 1896 IN BOOK 12 AT PAGE 394 AND RECORDED MARCH 24, 1896 IN BOOK 12 AT PAGE 411 AND RECORDED FEBRUARY 17, 1896 IN BOOK 12 AT PAGE 408 AND RECORDED MAY 17, 1897 IN BOOK 12 AT PAGE 460. 11. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 20, 1899, IN BOOK 12 AT PAGE 509 AND RECORDED JANUARY 15, 1896 IN BOOK 12 AT PAGE 394 AND RECORDED MARCH 24, 1896 IN BOOK 12 AT PAGE 411 AND RECORDED FEBRUARY 17, 1896 IN BOOK 12 AT PAGE 408 AND RECORDED MAY 17, 1897 IN BOOK 12 AT PAGE 460 AND RECORDED NOVEMBER 29, 1913 IN BOOK 92 AT PAGE 326. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: GW63010339 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: 12. RESERVATIONS AS CONTAINED IN PATENT RECORDED AND RECORDED JULY 1, 1969 IN BOOK 402 AT PAGE 587. 13. MAPS AND STATEMENTS OF THE ROBERTSON DITCH RECORDED JANUARY 2, 1884 IN BOOK 7 AT PAGE 115 AND FILED JUNE 30, 1888 AS RECEPTION NO. 7200. 14. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED JANUARY 09, 1979 IN BOOK 521 AT PAGE 468. 15. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 98-80 RECORDED SEPTEMBER 09, 1998 IN BOOK 1087 AT PAGE 862. 16. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED DECEMBER 07, 1998 IN BOOK 1102 AT PAGE 643, AND AGREEMENT RECORDED OCTOBER 17, 2002 IN BOOK 1396 AT PAGE 980. 17. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 99-067 RECORDED JUNE 08, 1999 IN BOOK 1133 AT PAGE 911. 18. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 99-068 RECORDED JUNE 08, 1999 IN BOOK 1133 AT PAGE 922. 19. TERMS, CONDITIONS AND RESERVATIONS CONTAINED IN MINERAL DEED RECORDED MAY 15, 1964 IN BOOK 358 AT PAGE 63. 20. TERMS, CONDITIONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENT RECORDED SEPTEMBER 11, 2000, IN BOOK 1206 AT PAGE 629 AND AS AMENDED IN INSTRUMENT RECORDED SEPTEMBER 11, 2000, IN BOOK 1206 AT PAGE 637, AND AMENDED IN INSTRUMENT RECORDED NOVEMBER 14, 2000 IN BOOK 1217 AT PAGE 266, AND AMENDED IN INSTRUMENT RECORDED FEBRUARY 20, 2002 IN BOOK 1330 AT PAGE 418 AND AMENDED IN INSTRUMENT RECORDED MARCH 1, 2002 IN BOOK 1333 AT PAGE 855, AND AMENDED IN INSTRUMENT RECORDED JUNE 16, 2004 IN BOOK 1596 AT PAGE 871. 21. TERMS, CONDITIONS AND PROVISIONS OF PRE -INCLUSION AGREEMENT RECORDED SEPTEMBER 11, 2000 IN BOOK 1206 AT PAGE 640. 22. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED MARCH 18, 2003, IN BOOK 1447 AT PAGE 884 AND AS AMENDED IN INSTRUMENT RECORDED DECEMBER 09, 2004, IN BOOK 1646 AT PAGE 3, FIRST SUPPLEMENTAL RECORDED JULY 19, 2006 IN BOOK 1822 AT PAGE 283 AND AMENDED IN INSTRUMENT RECORDED AUGUST 3, 2007 UNDER RECEPTION NO. 729973. 23. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF GOLF FACILITIES RECORDED SEPTEMBER 11, 2000 IN BOOK 1206 AT PAGE 734. 24. TERMS, CONDITIONS AND PROVISIONS, EASEMENTS AND RIGHTS OF WAY RECORDED Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: GW63010339 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: SEPTEMBER 11, 2000 IN BOOK 1206 AT PAGE 748. 25. TERMS, CONDITIONS AND PROVISIONS OF DEVELOPMENT AGREEMENT RECORDED SEPTEMBER 11, 2000 IN BOOK 1206 AT PAGE 780. 26. TERMS, CONDITIONS AND PROVISIONS OF ASSIGNMENT OF SUBDIVISION RIGHTS AND APPROVALS RECORDED DECEMBER 12, 2000 IN BOOK 1221 AT PAGE 745. 27. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2004-20 RECORDED FEBRUARY 11, 2004 IN BOOK 1560 AT PAGE 431, CORRECTION RESOLUTION NO. 2004-26 RECORDED MARCH 2, 2004 IN BOOK 1565 AT PAGE 600. 28. EASEMENTS, RIGHTS OF WAY AND ALL MATTERS SHOWN ON THE PLAT RECORDED JUNE 16, 2004 UNDER RECEPTION NO. 654210. 29. TERMS, CONDITIONS AND PROVISIONS OF RESTRICTIVE COVENANTS ESTABLISHING COMMON AREA MAINTENANCE RECORDED FEBRUARY 28, 2005 IN BOOK 1665 AT PAGE 950. 30. EASEMENTS, RIGHTS OF WAY AND ALL MATTERS SHOWN ON THE FINAL PLAT OF PHASE 11 RECORDED JULY 19, 2006 UNDER RECEPTION NO. 702420. 31. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2006-35 RECORDED MARCH 22, 2006 IN BOOK 1782 AT PAGE 269. 32. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2006-34 RECORDED MARCH 22, 2006 IN BOOK 1782 AT PAGE 264. 33. TERMS, CONDITIONS AND PROVISIONS OF SUBDIVISION IMPROVEMENTS AGREEMENT RECORDED JULY 19, 2006 IN BOOK 1822 AT PAGE 250. 34. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED AUGUST 03, 2007 UNDER RECEPTION NO. 729974. 35. TERMS, CONDITIONS AND PROVISIONS OF ASSIGNMENT OF DECLARANT RIGHTS RECORDED AUGUST 30, 2013 AT RECEPTION NO. 840145. 36. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2014-14 RECORDED MARCH 25, 2014 AT RECEPTION NO. 847515. 37. TERMS, CONDITIONS AND PROVISIONS OF ACCESS EASEMENT RECORDED APRIL 10, 2014 AT RECEPTION NO. 848042, AND FIRST AMENDED EASEMENT RECORDED MARCH 25, 2015 UNDER RECEPTION NO. 860735. 38. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF THE AMENDED FINAL PLAT OF BLOCK 2 OF PHASE 11, AND BLOCK 3 OF PHASE 110F IRONBRIDGE PLANNED UNIT DEVELOPMENT RECORDED JULY 22, 2014 UNDER RECEPTION NO. 851641. JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information (Personal Information"). In the course of our business, we may collect Personal Information about you from: ► applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; ► your transactions with, or from the services being performed by, us, our affiliates, or others; ► a consumer reporting agency, if such information is provided to us in connection with your transaction; and ► the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non -affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: ► We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. ► We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. ► Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. ► We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. PR! Land Title :1 .:14.1 LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 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 will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property) C) The 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: Effective September 1, 1997, CRS 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 of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph G 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". Provided that Land Title Guarantee Company 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 Lenders 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-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 material -men 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 un -filed mechanic's and material -men'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 CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. 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. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. ;OxPLTIT�F41,,, Commitment to Insure * 2 * itGy 2 ., * z - 27.3 * OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable * * O consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed d� * * O . Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, ',�' 'o �O '� M." .•‘ andupon B and ato the the Conditions of thisaCommitment. and compliance with the requirements; all subject to the provisions of Schedule A 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 such policy or policies is not the fault of the Company. ALTA Commitment - 2006 Rev. CONDITIONS AND STIPULATIONS 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 acquires 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 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 the 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. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 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. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material theretofore 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. IN WITNESS WHEREOF, Old Republic National 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 to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 17 John E. Freyer President Authorized Officer or Agent Old Republic National Title Insurance Company a Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 (612)371-1111 Mark Bilbrey President Ramie Yeager Secretary AMERICAN LAND TITLE ASSOCIATION FPI Land Title Customer Distribution Our Order Number: GW63010338 Date: 01-19-2016 Property Address: 100 EAGLE CLAW CIRCLE, GLENWOOD SPRINGS, CO 81601 For Title Assistance TITLE DEPARTMENT 1317 GRAND AVE #200 GLENWOOD SPRINGS, CO 81601 970-945-2610 (phone) 970-945-4784 (fax) glenwoodresponse@ltgc.com Agent for Seller KARP NEU HANLON ATTORNEYS AT LAW Attention: ANGELIQUE PETTERSON PO BOX 2030 201 14TH ST #200 GLENWOOD SPRINGS, CO 81602 970-945-2261 (work) 970-945-7336 (work fax) app@mountainlawfirm.com Delivered via: Electronic Mail ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number: GW63010338 Customer Ref -Loan No.: Property Address: 100 EAGLE CLAW CIRCLE, GLENWOOD SPRINGS, CO 81601 1. Effective Date: 01-08-2016 At 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "TBD" Commitment $0.00 Proposed Insured: A BUYER TO BE DETERMINED 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: LARRY R. RAINWATER AND KAREN L. RAINWATER 5. The Land referred to in this Commitment is described as follows: LOT 254 IRONBRIDGE PLANNED UNIT DEVELOPMENT PHASE 11, FILINGS 1, 2 AND 3 ACCORDING TO THE PLAT RECORDED JULY 19, 2006, UNDER RECEPTION NO. 702420. COUNTY OF GARFIELD STATE OF COLORADO Copyright 2006-2016 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. AMERICAN LAND TITLE ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: GW63010338 The following are the requirements to be complied with: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: GW63010338 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. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that 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 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 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) water rights, claims or title to water. 8. 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, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED JANUARY 15, 1896 IN BOOK 12 AT PAGE 394, RECORDED FEBRUARY 17, 1896 IN BOOK 12 AT PAGE 408, RECORDED MARCH 24, 1896 IN BOOK 12 AT PAGE 411, RECORDED MAY 17, 1897 IN BOOK 12 AT PAGE 460, AND RECORDED MAY 20, 1899 IN BOOK 12 AT PAGE 509. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 29, 1913, IN BOOK 92 AT PAGE 326. 10. MAPS AND STATEMENTS OF THE ROBERTSON DITCH RECORDED JANUARY 02, 1884 IN BOOK 7 AT PAGE 115, AND FILED JUNE 30, 1888 AS RECEPTION NO. 7200. 11. TERMS, CONDITIONS AND RESERVATIONS CONTAINED IN MINERAL DEED RECORDED MAY 15, 1964 IN BOOK 358 AT PAGE 63. 12. RESERVATIONS AS CONTAINED IN PATENT RECORDED AND RECORDED JULY 01, 1969 IN BOOK 402 AT PAGE 587. 13. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED JANUARY 09, 1979 IN BOOK 521 AT PAGE 468. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: GW63010338 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: 14. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 98-80 RECORDED SEPTEMBER 09, 1998 IN BOOK 1087 AT PAGE 862. 15. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED DECEMBER 07, 1998 IN BOOK 1102 AT PAGE 643, AND AGREEMENT RECORDED OCTOBER 17, 2002 IN BOOK 1396 AT PAGE 980. 16. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 99-067 RECORDED JUNE 08, 1999 IN BOOK 1133 AT PAGE 911. 17. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 99-068 RECORDED JUNE 08, 1999 IN BOOK 1133 AT PAGE 922. 18. TERMS, CONDITIONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENT RECORDED SEPTEMBER 11, 2000 IN BOOK 1206 AT PAGE 629, AND AS AMENDED IN INSTRUMENT RECORDED SEPTEMBER 11, 2000 IN BOOK 1206 AT PAGE 637, AND AMENDED IN INSTRUMENT RECORDED NOVEMBER 14, 2000 IN BOOK 1217 AT PAGE 266, AND AMENDED IN INSTRUMENT RECORDED FEBRUARY 20, 2002 IN BOOK 1330 AT PAGE 418 AND AMENDED IN INSTRUMENT RECORDED MARCH 01, 2002 IN BOOK 1333 AT PAGE 855, AND AMENDED IN INSTRUMENT RECORDED JUNE 16, 2004 IN BOOK 1596 AT PAGE 871. 19. TERMS, CONDITIONS AND PROVISIONS OF PRE -INCLUSION AGREEMENT RECORDED SEPTEMBER 11, 2000 IN BOOK 1206 AT PAGE 640. 20. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN INSTRUMENT RECORDED MARCH 18, 2003 IN BOOK 1447 AT PAGE 884, AND AS AMENDED IN INSTRUMENT RECORDED DECEMBER 09, 2004 IN BOOK 1646 AT PAGE 3, AND FIRST SUPPLEMENTAL RECORDED JULY 19, 2006 IN BOOK 1822 AT PAGE 283, AND SECOND AMENDMENT RECORDED AUGUST 03, 2007, UNDER RECEPTION NO. 729973. 21. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF GOLF FACILITIES RECORDED SEPTEMBER 11, 2000 IN BOOK 1206 AT PAGE 734. 22. TERMS, CONDITIONS AND PROVISIONS, EASEMENTS AND RIGHTS OF WAY RECORDED SEPTEMBER 11, 2000 IN BOOK 1206 AT PAGE 748. 23. TERMS, CONDITIONS AND PROVISIONS OF DEVELOPMENT AGREEMENT RECORDED SEPTEMBER 11, 2000 IN BOOK 1206 AT PAGE 780. 24. TERMS, CONDITIONS AND PROVISIONS OF ASSIGNMENT OF SUBDIVISION RIGHTS AND APPROVALS RECORDED DECEMBER 12, 2000 IN BOOK 1221 AT PAGE 745. 25. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2004-20 RECORDED FEBRUARY 11, 2004 IN BOOK 1560 AT PAGE 431, AND CORRECTION RESOLUTION NO. 2004-26 RECORDED MARCH 02, 2004 IN BOOK 1565 AT PAGE 600. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: GW63010338 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: 26. TERMS, CONDITIONS AND PROVISIONS OF RESTRICTIVE COVENANTS ESTABLISHING COMMON AREA MAINTENANCE RECORDED FEBRUARY 28, 2005 IN BOOK 1665 AT PAGE 950. 27. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2006-35 RECORDED MARCH 22, 2006 IN BOOK 1782 AT PAGE 269. 28. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2006-34 RECORDED MARCH 22, 2006 IN BOOK 1782 AT PAGE 264. 29. TERMS, CONDITIONS AND PROVISIONS OF SUBDIVISION IMPROVEMENTS AGREEMENT RECORDED JULY 19, 2006 IN BOOK 1822 AT PAGE 250. 30. TERMS, CONDITIONS AND PROVISIONS OF NOTICE OF GOLF CLUB RESIDENT MEMBERSHIP RECORDED AUGUST 03, 2007 AT RECEPTION NO. 729974. 31. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF IRONBRIDGE PLANNED UNIT DEVELOPMENT, PHASE 1 AMENDED RECORDED JUNE 16, 2004, UNDER RECEPTION NO. 654210. 32. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF IRONBRIDGE PLANNED UNIT DEVELOPMENT, PHASE 11 RECORDED JULY 19, 2006, UNDER RECEPTION NO. 702420. 33. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 2008-41 RECORDED APRIL 11, 2008 AT RECEPTION NO. 746337. 34. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MAY 23, 2011 AT RECEPTION NO. 802962 AND AGREEMENT RECORDED JUNE 2, 2011 UNDER RECEPTION NO. 803411. JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company and Meridian Land Title, LLC, as agents for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to non-public personal information (Personal Information"). In the course of our business, we may collect Personal Information about you from: ► applications or other forms we receive from you, including communications sent through TMX, our web -based transaction management system; ► your transactions with, or from the services being performed by, us, our affiliates, or others; ► a consumer reporting agency, if such information is provided to us in connection with your transaction; and ► the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates and non -affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: ► We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. ► We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. ► Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. ► We regularly access security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows. Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. PR! Land Title :1 .:14.1 LAND TITLE GUARANTEE COMPANY LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 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 will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property) C) The 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: Effective September 1, 1997, CRS 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 of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph G 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". Provided that Land Title Guarantee Company 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 Lenders 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-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 material -men 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 un -filed mechanic's and material -men'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 CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. 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. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. ;OxPLTIT�F41,,, Commitment to Insure * 2 * itGy 2 ., * z - 27.3 * OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable * * O consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed d� * * O . Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, ',�' 'o �O '� M." .•‘ andupon B and ato the the Conditions of thisaCommitment. and compliance with the requirements; all subject to the provisions of Schedule A 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 such policy or policies is not the fault of the Company. ALTA Commitment - 2006 Rev. CONDITIONS AND STIPULATIONS 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 acquires 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 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 the 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. STANDARD EXCEPTIONS In addition to the matters contained in the Conditions and Stipulations and Exclusions from Coverage above referred to, this Commitment is also subject to the following: 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. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey or inspection of the Land would disclose and which are not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material theretofore 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. IN WITNESS WHEREOF, Old Republic National 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 to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 17 John E. Freyer President Authorized Officer or Agent Old Republic National Title Insurance Company a Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 (612)371-1111 Mark Bilbrey President Ramie Yeager Secretary AMERICAN LAND TITLE ASSOCIATION BH Holdings, LLC hereby authorizes Karl J. Hanlon of Karp Neu Hanlon, PC, to apply for and act on its behalf with regard to the Final Plat Amendment for Ironbridge Phase II, Lots 251-252, located in Garfield County, Colorado. BH Holdings, LLC By it Manager Blue Heron Management, LLC By: JohnOr 4P : ng, V anager Date: Hz4- Y1C. Aspen Signature Homes of Ironbridge, LLC hereby authorizes Karl J. Hanlon of Karp Neu Hanlon. PC, to apply for and act on its behalf with regard to the Final Plat Amendment for Ironbridge Phase II, Lot 253, located in Garfield County, Colorado. Aspen Signature Homes of Ironbridge, LLC a Colorado limited liability company By its Manage , Manager 1, LLC, a Florida lirni d lia.' ' 'ompziny By: Llwyd pelestone, Jr., President, Manager Date: Ya/7r:Lpy I J M eb 11 16 07:03a Rainwater 402-572-9212 p.1 ■ ■ Larry and Karen Rainwater hereby authorize Karl J. Hanlon of Karp Neu Hanlon, PC, to apply for and act on their behalf with regard to the Final Plat Amendment for Ironbridge Phase II, Lot 254, located in Garfield County, Colorado. By: Larry ainwater By: Karen Rainwater Date: 02/4D/,7ct9 Date: 2-/ f v/aa/.6 Property Owners within 200 ft. of Subject Lots Parcel No. 239501323005 BLUE HERON PROPERTIES LLC 1007 WESTBANK ROAD GLENWOOD SPRINGS, CO 81601 Parcel No. 239501323006 BLUE HERON PROPERTIES LLC 1007 WESTBANK ROAD GLENWOOD SPRINGS, CO 81601 Parcel No. 239501329250 BONTEMPO, WENDY & ANTHONY 4 EAGLE CLAW CIRCLE GLENWOOD SPRINGS, CO 0 Parcel No. 239501329251 BLUE HERON PROPERTIES LLC 1007 WESTBANK ROAD GLENWOOD SPRINGS, CO 81601 Parcel No. 239501329252 BLUE HERON PROPERTIES LLC 1007 WESTBANK ROAD GLENWOOD SPRINGS, CO 81601 Parcel No. 239501329253 ASPEN SIGNATURE HOMES OF IRONBRIDGE LLC 1555 PALM BEACH LAKES BLVD, SUITE 1100 WEST PALM BEACH, FL 33401 Parcel No. 239501329254 RAINWATER, LARRY R & KAREN L 3814 N 95TH STREET OMAHA, NE 68134 Parcel No. 239501329255 BLUE HERON PROPERTIES LLC 1007 WESTBANK ROAD GLENWOOD SPRINGS, CO 81601 Parcel No. 239501329256 BLUE HERON PROPERTIES LLC 1007 WESTBANK ROAD GLENWOOD SPRINGS, CO 81601 Parcel No. 239501329257 ASPEN SIGNATURE HOMES OF IRONBRIDGE LLC 1555 PALM BEACH LAKES BOULEVARD SUITE 1100 WEST PALM BEACH, FL 33401 Parcel No. 239501329258 BILLINGTON, JAY D & NANCY ANN 179 RIVER VISTA GLENWOOD SPRINGS, CO 81601 Parcel No. 239501329259 COURTNEY, CHARLES SCOTT 26844 WEST SHADOW CIRCLE OLATHE, KS 66061 Parcel No. 239501329260 LENDERMAN LIVING TRUST, CAROLYN L 3510 HOLLOW COURT GRAND JUNCTION, CO 81506 Parcel No. 239501329261 BLUE HERON PROPERTIES LLC 1007 WESTBANK ROAD GLENWOOD SPRINGS, CO 81601 Parcel No. 239501329262 BLUE HERON PROPERTIES LLC 1007 WESTBANK ROAD GLENWOOD SPRINGS, CO 81601 Parcel No. 239501329263 BLUE HERON PROPERTIES LLC 1007 WESTBANK ROAD GLENWOOD SPRINGS, CO 81601 Parcel No. 239501329264 BLUE HERON PROPERTIES LLC 1007 WESTBANK ROAD GLENWOOD SPRINGS, CO 81601 Parcel No. 239501329266 BLUE HERON PROPERTIES LLC 1007 WESTBANK ROAD GLENWOOD SPRINGS, CO 81601 Parcel No. 239501329267 ASPEN SIGNATURE HOMES OF IRONBRIDGE LLC 1555 PALM BEACH LAKES BOULEVARD SUITE 1100 WEST PALM BEACH, FL 33401 Parcel No. 239501329268 MACEACHEN, JASON J & MEGAN F 134 RIVER VISTA GLENWOOD SPRINGS, CO 81601 Parcel No. 239501329269 ASPEN SIGNATURE HOMES OF IRONBRIDGE LLC 1555 PALM BEACH LAKES BOULEVARD SUITE 1100 WEST PALM BEACH, FL 33401 Parcel No. 239501329270 BLUE HERON PROPERTIES LLC 1007 WESTBANK ROAD GLENWOOD SPRINGS, CO 81601 Parcel No. 239501329321 IRONBRIDGE PROPERTY OWNERS ASSOCIATION, INC 1007 WESTBANK ROAD GLENWOOD SPRINGS, CO 81601 Parcel No. 239501329322 IRONBRIDGE PROPERTY OWNERS ASSOCIATION, INC 1007 WESTBANK ROAD GLENWOOD SPRINGS, CO 81601 Parcel No. 239501329323 IRONBRIDGE PROPERTY OWNERS ASSOCIATION, INC 1007 WESTBANK ROAD GLENWOOD SPRINGS, CO 81601 Parcel No. 239501329324 IRONBRIDGE PROPERTY OWNERS ASSOCIATION, INC 1007 WESTBANK ROAD GLENWOOD SPRINGS, CO 81601 Parcel No. 239501329325 IRONBRIDGE PROPERTY OWNERS ASSOCIATION, INC 1007 WESTBANK ROAD GLENWOOD SPRINGS, CO 81601 Assessor Map of Properties within 200 feet of Subject Lots 0 Qraw an map to select features with bufFe 200 r Feet f r - � P EEI i T ��F y trA Mineral Owners within 200 ft. of Subject Lots James L. Rose P.O. Box 432 Rifle, CO 81650 David Pesnichak From: Karl J. Hanlon <kjh@mountainlawfirm.com> Sent: Thursday, March 03, 2016 12:23 PM To: David Pesnichak Cc: Kelly Cave Subject: RE: Ironbridge Amd Final Plat - Lots 251-254 David and Kelly: When preparing the 2014 application to amend the PUD plan for Ironbridge Phase 11, Filings 1, 2, and 3 (as discussed in my previous response), I obtained a title commitment for the lands embraced by Phase II of the PUD. The title commitment disclosed, as do the title commitments submitted with the present Application, that the "Terms, conditions and reservations contained in mineral deed recorded May 15, 1964 in Book 358 at Page 63" would be excepted from coverage. The referenced mineral deed granted James L. Rose title to all minerals underlying the Phase II land. Consequently, I arranged for a search of the Garfield County real estate records to determine whether James L. Rose had conveyed the mineral estate to another party. Determining that he had not, I concluded that title to the mineral estate was still vested in James L. Rose as of February, 2014. In preparing the present Application, I again searched the Garfield County real estate records to determine whether James L. Rose had conveyed the mineral estate to another party, this time since February, 2014. Determining that he had not, I concluded that title to the mineral estate was still vested in James L. Rose as of the time of application. Please note that my prior response inadvertently indicated James V. Rose is the mineral estate owner. The Application properly provided that James L. Rose is the mineral owner, and all research focused on possible grants by James L. Rose. Hopefully the foregoing clears up any questions you have. Thanks. Karp.NewHanlonP4L 'S AT LPC P Karl J. Hanlon 201 14th Street, Suite 200, P.O. Drawer 2030, Glenwood Springs, CO 81602 T: 970.945.2261 x 114/F: 970.945.7336 www.mountainlawfirm.com This transmission may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein (including any reliance thereon) is STRICTLY PROHIBITED. If you received this transmission in error, please immediately contact the sender and destroy the material in its entirety, whether in electronic or hard copy format. From: David Pesnichak [mailto:dpesnichak@garfield-county.com] Sent: Thursday, March 03, 2016 10:10 AM To: Karl J. Hanlon Cc: Kelly Cave Subject: RE: Ironbridge Amd Final Plat - Lots 251-254 Hi Karl, 1