The URL can be used to link to this page

Home My WebLink About1.1 Supplemental App Info.• .. 824086 09/13/2012 12:49:49 PM Page 1 of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $11.00 Doc Fee: $7.50 eRecorded 1111 IUI 11111111111111111111111 H W ill'l'anly Deed (Purnuanr to 38-30-113 C.RS.) State Documentary Fee Date: Scp1ember 10, 2012 $7,50 THIS DEED, made on September 10, 2012 by KENNETH G, SAWER AND CAROLYN J, SAWER Gramor(s), Of the County of GARF Ill LO and Stat• of COLORADO fur the oonsiderMion of ($75, 000.00) ••• Seventy Five Thousand and 00/100 "" dollars In hand paid, liereby sells and ronveys 19. GAVJN W. BRITZ Grnntee(s), wlmse sn'eet nddi'ess is 2408 VINTAGE HILL DR. DURHAM. NC 2m2, Co\Elly of DURHAM and State of NORTH CAROLINA, the following real property In the County of Garileld, and State of Colorndo, to wit: LOTH29 ASPEN GLEN FILING NO. 7 ACCORDING TO THE PLATTIIEREOF RECORDED SEPTEMBER 23, 1999 RECEPTION NO, 552596 COUNTY OF GARFIELD STATE OF COLORADO also known by street and nmnber as: 4 SADDLEHORN COURT CARBONDALE CO 81023 with all its appurtenan~s and warrants the title to the same, subject to general taxes for the year 2012 and those specific Exceptions described !>y reference to recorded documents as reflected In the mle Documents accepted !>y Gnmr<•<1(s) Ir• accordance wirll Re<JOrd Title Matters (Section B.1) of the Contract tn Bl{}' and &JI Real Estate relati.ng to rhl! above described real property; distribution utiliO' easements, (including cable Tv,); those spe<:i~cal{y described rights of third parties not shown by the public records of which Grantee(s) has actual knowled!JI' and which were accepted by Grantee(s) in accordance with Off-RJ!cord Tiile Matters (Sectton 8.2) and current Swvey Review (Section 9) of the Gonrr<1cr to Buy and Sell Real !!state relating to the above described real prope~; tnclU>lons of the Properry within al'!)' special~rax disrr/ct; and other NONI> ~ ,,'!.fi,,,I /wYJ.··c ~E'NNB1ll G. SA ( cu.~--i~~ State of COLORADO County of GARFlELD ) ) SS, ) The foregoing iastrument \.vas acknowledged before me on this day of September 10, .. ,._ -OHNSON by KENNETH G. SAWER AND CAROLYN J, SAWER , JAl'llC\:r/plJBUC -"'arof CO\.ORADO SiAJ;i'l'I" '° 199e4006;\~. 201s hi'/ oomm1s.o10n e<pl!90 l>fll GAVIN W. BRITZ·--. 2408 VINTAGE HILL DR. DURHAM, NC 27712 Ponn 13DB4 01/2011 wd.odt Warrauty Deed (Pbotogrnpblc) GW63007218 {14924421} Land Title Guarantee Company CUSTOMER DISTRIBUTION Land Title GUARANTH COMPANY •iW W. Ll G C. CO 11 Date: 06-07-2012 Property Address: 4 SADDLEHORN COURT CARBONDALE. CO 81623 Our Order Number: GW63007218 If you have any inquiries or require further assistance, please contact one of the numbers below: For Closing Assistance: 1317 GRAND A VE #200 GLENWOOD SPRINGS, CO 81601 Phone: Fax: 800-318-8206 EMall: Jjohrumn@Jtgc.com ASPEN SNOWMASS SOTHEBY'S INTERNATIONAL REALTY 'TMX 415 E HYMAN A VE ASPEN, CO 81611 Attn: ERIK BERG Phone: 970-925-6060 Fax: 970-920-9993 EMail: bergerlkl@msn.com Sent Via EMaJI KENNETH & CAROLYN SAWER 435 OAK RUN CARBONDALE, CO 81623 Attn: KENNETH & CAROLYN SAWER Sent Via EMall LAND TITLE GUARANTEE COMPANY 1317 GRAND AVE #200 GLENWOOD SPRINGS. CO 81601 Attn: Janice L. Johnson Phone: 970-945-2610 Fax: 800-318-8206 EMall: jjohnson@ltgc.com For Title Assistance: Glenwood Springs 11 GW 11 Unit 1317 GRAND AVE #200 GLENWOOD SPRINGS, CO 81601 Phone: 970-945-2610 Fax: 970-945-4784 LINDA HUNTSMAN REAL ESTATE 35 HORSESHOE LANE CA~ONDALE, CO 81623 Attn: LINDA HUNTSMAN Phone: 720-320-7084 EMail: LH@LINDAHUNTSMAN.COM Sent Via Elvfail GAVIN BRITZ 14 SADDLEHORN COURT CARBONDALE, CO 81623 Attn: GA VIN BRITZ Sent Via EMaU ASPEN SNOWMASS SOTHEBY'S INTERNATIONAL REALn 'TM 415EHYMANAVE ASPEN. CO 81611 Phone: 970-925-6060 Fax: 970-920-9993 EMail: MELVENAOL@COMCAST.NET Sent Via Ei\.1ail ~ Land Title Guarantee Company Landlltle GU~ tANTEE COMPANY "1tW.l! G( CO>! Property Address: 4 SADDLEHORN COURT CARBONDALE, CO 81623 Buyer/Borrower: GAVIN W. BRITZ 5eller/Owner: KENNETH G. SAWER AND CAROLYN J. SAWER Wire Information: Bank: ALPINE BANK GLENWOOD SPRINGS, CO 81601 Phone: Credit: AHA No.: 102103407 Account: I 010018 384 Attention: Janice L. ]ohnSfJn Date: 06-07-2012 Our Order Number: GW63007218 Need a map or directions for your ul'coming closing? Check out Land Title's web site at www.ltgc.com for directions to any of our 54 office locations. ESTIMATE OF TITLE FEES ALTA Owners Policy 06-17-06 (Reissue Rate) Deletion of Standard Exception(s) (Owner) Tax Report $310.00 $65,00 $25.00 I£ Land Title Guarantee Colllf'a.nj' wil.l be olosing this transaction, above fees wil.l be oollected at that time. TOTAL $400,00 Yo~11 CONTl\CT OS/C4 TIIANK YOU FOR YOUR ORDER! Old Republic National TiUe Insurance Company ALTA COMMITMENT Our Order No. GW63007218 Schedule A Cust. Ref.: Property Address: 4 SADDLEHORN COURT CARBONDALE, CO 81623 I. Effective Date: May 18, 2012 at 5:00 P.M. 2. Policy to he Issued, and Proposed Insured: "ALTA" Owner's Polley 06-17-06 $75,000.00 Proposed Insured: GAVIN W. BRITZ 3. The estate or interest in the land described or referred to in this Commitment and covered hereb1 is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: KENNETH G. SAWER AND CAROLYN J. SAWER 5. The Land referred to in this Commitment is described as follows: LOT H29 ASPEN GLEN FILING NO. 7 ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 23, 1999 RECEPTION NO. 552596 COUNTY OF GARFIELD STATE OF COLORADO ALTA COMMITMENT Schedule B-1 (Requirements) Our Order No. GW630072!8 Tiie 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: I. WARRANTY DEED FROM KENNETH G. SAWER AND CAROLYN]. SAWER TO GAVIN W. BRITZ CONVEYING SUBJECT PROPERTY. NOTE: ITEMS 1-3 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED. NOTE: UPON APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE STANDARD EXCEPTIONS ON THE LOAN POLICY WILL BE DELETED. UPON THE APPROVAL OF THE COMPANY AND THE RECEIPT OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE STANDARD EXCEPTIONS ON THE OWNER'S POLICY WILL BE AMENDED AS FOLLOWS: ITEM NO. 4 OF THE STANDARD EXCEPTIONS IS DELETED AS TO ANY LIENS OR FUTURE LIENS RESULTING FROM WORK OR MA TER!AL FURNISHED AT THE REQUEST OF KENNETH G. SAWER AND CAROLYN J. SAWER. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY SHALL HAVE NO LIABILITY FOR ANY LIENS ARISING FROM WORK OR MATERIAL FURNISHED AT THE REQUEST OF GA VIN W. BRITZ. NOTE: ITEM 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTION(S) AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. NOTE: UPON PROOF OF PAYMENT OF ALL TAXES, ITEM 6 WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2012 AND SUBSEQUENT YEARS. ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. GW63007218 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to tlie 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, violalion, 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, frrst appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) 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 exceplions in patents or io Acts authorizing tl1e issuance thereof; (c) water rights, claims or litle to water. whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 8. RIGIIT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE ms ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 24, 1894, IN BOOK 12 AT PAGE 332. 9. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 24, 1894, IN BOOK 12 AT PAGE 332. 10. TERMS AND CONDITIONS OF RESOLUTIONS BY THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, CONCERNING THE ASPEN GLEN PLANNED UNIT DEVELOPMENT AND OTHER MA TIERS, AS SET FORTH AS FOLLOWS: A. RESOLUTION NO. 92-056 RECORDED JUNE 29, 1992 IN BOOK 835 AT PAGE 305. B. RESOLUTION NO. 93-121 RECORDED DECEMBER 28, 1993 IN BOOK 887 AT PAGE 824. ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. GW63007218 Tll e policy or pollcies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: C. RESOLUTION NO. 94-008 RECORDED FEBRUARY 02, 1994 IN BOOK 891 AT PAGE 620. D. RESOLUTION NO. 94-089 RECORDED AUGUST 09, 1994 IN BOOK 911 AT PAGE 791. E. RESOLUTION NO. 94-139 RECORDED DECEMBER 13. 1994 IN BOOK 925 AT PAGE 345. F. RESOLUTION NO. 95-004 RECORDED JANUARY 17, 1995 IN BOOK 929 AT PAGE 64. G. RESOLUTION NO. 96-06 RECORDED FEBRUARY 09, 1996 IN BOOK 966 AT PAGE 682. H. RESOLUTION NO. 96-07 RECORDED FEBRUARY 09, 1996 IN BOOK 966 AT PAGE 686. I. RESOLUTION NO. 96-26 RECORDED MAY 09, 1996 IN BOOK 977 AT PAGE 399. IL TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS CONTAINED IN AGREEMENTS RECORDED APRIL 12, 1992 IN BOOK 827 AT PAGE 636, AND RECORDED JUNE 29, 1993 IN BOOK 835 AT PAGE 364. 12. 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 MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ASPEN GLEN RECORDED APRIL 06, 1995 IN BOOK 936 AT PAGE 350, FIRST SUPPLEMENTAL DECLARATION RECORDED JULY 15, 1997 IN BOOK 1026 AT PAGE 161, SECOND SUPPLEMENTAL DECLARATION RECORDED NOVEMBER 26, 1997 IN BOOK 1043 AT PAGE 850, THIRD SUPPLEMENTAL DECLARATION RECORDED FEBRUARY IO, 1998 IN BOOK 1053 AT PAGE 8, FOURTH SUPPLEMENTAL DECLARATION RECORDED FEBRUARY 10, 1998 IN BOOK 1053 AT PAGE 30, FIFTH SUPPLEMENTAL DECLARATION RECORDED MAY 01, 1998 IN BOOK 1065 AT PAGE 800, SIXTH SUPPLEMENTAL DECLARATION RECORDED MAY 22, 1998 IN BOOK 1069 AT PAGE 58, SEVENTH SUPPLEMENTAL DECLARATION RECORDED AUGUST 24, 1998 IN BOOK 1084 AT PAGE 943, EIGHTH SUPPLEMENTAL DECLARATION RECORDED OCTOBER 26, 1998 IN BOOK 1094 AT PAGE 517, NINTH SUPPLEMENTAL DECLARATION RECORDED AUGUST 17, 1999 IN BOOK 1145 AT PAGE 680, TENTH SUPPLEMENTAL DECLARATION RECORDED NOVEMBER 19, 1999 IN BOOK 1161 AT PAGE 293, ELEVENTH SUPPLEMENTAL DECLARATION RECORDED SEPTEMBER 23, 1999 IN BOOK 1151 AT PAGE 877, TWELFTH SUPPLEMENTAL DECLARATION RECORDED DECEMBER 14, 1999 IN BOOK 1164 AT PAGE 755, THIRTEENTH SUPPLEMENTAL DECLARATION RECORDED JULY 17, 2000 IN BOOK 1197 AT ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. GW63007218 The policy or pollc!es to be Issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: PAGE 740, FOURTEENTH SUPPLEMENTAL DECLARATION RECORDED MAY 08, 2003 IN BOOK 1467 AT PAGE 910, AND FIFTEENTH DECLARATION RECORDED DECEMBER 21, 2004 IN BOOK 1649 AT PAGE 891. 13. TERMS, CONDITIONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENT AS CONTAINED IN INSTRUMENT RECORDED APRIL 06, 1995 IN BOOK 936 AT PAGE 444, AND RECORDED SEPTEMBER 23, 1999 JN BOOK 1151 AT PAGE 866. 14. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS, RESTRICTIONS, EASEMENTS AND RJG!ITS OF WAY AS CONTAINED IN IN DECLARATION OF GOLF FACILITIES DEVELOPMENT, CONSTRUCTION AND OPERATIONAL EASEMENT RECORDED APRIL 06, 1995 JN BOOK 936 AT PAGE 314. 15. TERMS, CONDITTONS AND PROViSIONS OF BARGAIN AND SALE DEED RECORDED MAY 25, 2006 JN BOOK 1803 AT PAGE 782. 16. TERMS, CONDITIONS AND PROVISIONS OF CORRECTION PLAT RENAMING CERTAIN STREETS WITHIN ASPEN GLEN PUD RECORDED MARCH 13, 2007 AT RECEPTION NO. 718915. 17. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF ASPEN GLEN, FILING NO. 1 RECORDED APRIL 06, 1995, UNDER RECEPTION NO. 476330. 18. EASEMENTS, CONDITIONS, COVENANTS. RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF ASPEN GLEN, FILING NO. 7 RECORDED SEPTEMBER 23, 1999, UNDER RECEPTION NO. 552596. 19. 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 23, 2007, IN BOOK 1905 AT PAGE 523. ALTA COMMITMENT Schedule B-2 (Exceptions) Our Order No. GW63007218 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: 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 23, 2007, IN BOOK 1905 AT PAGE 577. 21. ANY BOUNDARY DISCREPANCY DUE TO THE LOCATION OF FENCE LINES AND THE EFFECT OF ANY RIGHT, TITLE OR INTEREST THAT MAY BE CLAIMED DUE TO ANY SAID DISCREPANCY. LAND TITLE GUARANTEE COMPANY and 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 jj!rlsdiction Shall be obtained from the County Treasurer or the County Treasurer's authorized agent. C) The Information regardmg special districts and the bounda1ies of such districts may be obtained from the Board of County ConunlSsioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 11)997, CRS 30-10-406 requires that all documents received for recording or filing In the clerk and recorder's omce shall contain a top margil) 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 thal does not conform. except that, the requirement for the top margin shall not apply to documents using forms on wltich space is provfded for recording or filing information al the lop margm of the document. Note: Colorado Division of Insurance Rel!lllations 3-5-1, Paragraph C of Article VII req_ulres Iha! "Every tide eneity shall be responsible for all maffers which appear of record prior to the lime oI recording whenever the title entily conducts the closing and is responsible for recordin_g or filing of legal documents resulting from the transaction whlch 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 POiicy and lhe Lenders Policy when issued. Nole: Affirmative mechanic's lien Qrotection for the Owner may be available (ty~ically by deletion of Exception no. 4 of Schedule B, Section 2 of the Conunitmenl from the Owner s Policy to be issued) upon compliance with the following conditions: AJ The land desciibed In Schedule A of lhfs conunitment mnst be a single family residence which includes a condominium or townhonse unit. BJ No labor or materials have been furnished by mechanics or material-men for P.urpnses of construction on the land described in Scheditle A of this Comntitmenl within lhe past 6 months. C) The Coml'any mnst receive an appropriate affidavit Indemnifying the Company against on-filed mechanics and material-men's hens. Dl The Company mnst receive payment of the appropriate prentium. E) If there has been construction, !IDprovements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commilnlent, the requirements to obtain coverage~ for unrecorded liens will include: disclosure of certain construction Information; fmancial lnformation as lo the seller, the builder and or lhe contracto'.; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to me company. and, any additioital requirements as may be necessary after an examination of the aforesaid fuformation 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 conunitments containing a mineral severance instrument excfilltion, or exceptions, in Schedule B. Section 2. AJ That Uiere is recorded evidence thal a ntineral 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 BJ That such min~ral esta.te !"ay lncfude the right to enter and use the properly without tfie surface owner s pemussion. 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 ror the P,µrpose of defraurfmg or attempting to defiaud the company, Penalties may include imprisonmenf, fines, hiforrnation to an insurance company for the purpose of defrauding or Incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting attempting to defraud the policyholder or claimant with regard to a settlemwnt or awardfayable from insurance proceeds shall be reported to ll'te Colorado division of insurance within the department o regulatory agencies. Nothiru! herein contained will be deemed to obligate the company to provide any of the coverages referrea to herein unless the above conditions are fully satisfied. DISCLOSUPE 02/2011 JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY -GRAND JUNCTION, 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 securily ls 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 transaclion management system; * your transactions with, or from the services being performed by, us, om· 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-a!Ttliates. Our policies regarding the protection of the confidentiality and securily 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 intrnsion. * Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. • We regniarly access securily standards and procedures lo 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 tlie a.rbitrator(s) may be entered In any court having jurisdiction thereof, F:>rm PRIV .rot.ORT Commitment to Insure ALTA Commitment· 2006 Rev. OLD RIPUBLIC NATIONAi TITLE INSURANCE COMPANY,• Mlnneso18 cocporatioo, (Co~n~ for a vaklable cooslderation, commits to issue its policy or policies of title insurance, as identified Jn Schedule A, in favor of ttle Proposed Insured named in Schedule A, as owner or mortgagee of the estate or Interest in the land desClibed or referred to in Schedule A, upon payment of the premiums and charges and compliance With the requlreme11ts; an subject to the provisions of Schedule A and B am! to the Comfltions of this Comnitment. llis Commitment sh.1ll be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted ill Schedule A by tOO Company, AD liabltity am obligation under tlis commitment shaR cease and terminate six months after the Effective Oate or when the policy or policies committed for shad issue, whichever first occurs, PJOvided that the failure to issue such pciicy or policies is not the fault of the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgagti", when used herein, shaD include deed of trust, trust deed, Ill' other security Instrument. 2. If the proposed Insured has m 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 shaH rail to disclose such knowledge to Company In wJfting, the Company shall be ri!iieved from iatilit} for lJIJj l~s ot damage 1esutting fTom arry act or reliance hel'eon to the extent the Cooipany is p1ejudiced by failuteto so disclose such kmw'ledge. If the proposed Insured shal disclose such knowledge to the Compmy, or if the Company otherwise acquires acbial koowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Cammitment accordingly, OOt such amendment sha& not refieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditioos and Stipulations. 3, Liablity of the Company under this Commitment shad be only to the named proposed lnslD'ed and such parties Included Wlder the definition of Insured in the form of policy or poDcles committed for alld only for actual Joss incurred In reliance hereoo In undertaking in good faith (a) to comply with the requirements OOreof or {b) to eliminate exceptioos shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by Uis Commitment. In no evoot shall such liability exceed the amount stated in Schedule A for the policy or policies convnitted for and such tiabiity is subject to the insuring provisions and the Conditions and S~ations and the Exclusions from Coverage of the fonn or poRcy 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 eKJ)ressly modified herein. 4. This commitment is a cootract to isStJe cme 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 oc may bring against the Company arising out of the status of the title to the estate or interest or the stab.ls of the mortgage thereon covered by this Commitment must be based on and are subject to the provisivns of this Commitment 5. ltw.poticy to be ~sued cootairli an arhittatlon clal.IS(!. An arbtttab\e m.attecs when the Mioo11;t of lnsural\Ce is $2,000,000 or l~s W.11 be artiitrated at the optioo of either the Company or the klsl.Jr~ as 100 exclusive remedy of the panles. Yoo may review a copy of the arbitration rules al www.alta.org. STANDARD EXCEPTIONS In addition to the matters coolained in the COD:iitions and Stipllatioos and Exciusioos from Coverage above referred to, this Commitm~t is also subject to the foHowing: 1. Rights or claims of parties in possession mt sOOwn by the Public Records. 2. Easements, or ciai111s of easements, not shown by the Public Recll'ds. 3. Discrepancies, COflflicts in boundary lines, shortage in area, encroacflments, and any facts whlch a correct survey or inspection of the Land would disclose and which are not shown by the Pvb6c Records. 4. ArrJ lien, or right to a lien, for sel'Vlces, labor or material tllefetofore or hereafter furnished, bnposed by law and not shown by the PubUc Records. 5. Oefects, lens, eocumbrances, adverse claims or other mattl!rs, if any, creat~, first appearing in the Public Records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for value the estate or interest or mortgage thereon covered by ttis Commitment. IN WITNESS WHEREOF, Old Republic Natilmal Title Insurance Company has caused its coipaate name anti selll to be affixed by its duly authorized offteeJs an tlle date shown in Schechile A to be valid when countersigned by a vafidatirtg officei or other authorized signatory. CC.ORT.06 OlO RIPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Aveooe Soutll MinreapoRs, Minnesota 55401 (612) 371-1111 c.. :J2.J6' N§, --.1$r---ru-=:~- C34 --9 ·---.;=:::.::::=::=-=-:==-j~},!eJ~~ N83'11 UNPLATTEJJ Aspen Glen Minerals Leonis P. Chuc and Neva M. Chuc 9663 Highway 82 Carbondale, Co. 81623 1/4 interest reserved in Warranty Deed recorded 12/26/58 in Book 314 at Page 160. Subsequently conveyed by quit claim Deed recorded 6/28/89 in Book 757 at Page 540. Effects: all of the NEl/4 NW1/4, Lois 4,5,6, 7, 10, 11, 19 and 20; that of Lots 8,9 and 13 lying easterly of the Roaring Fork River; and Lois 1 and 12, all in section 20, Township 7 South, Range 88 West of the 6th Principal Meridian. The Estate of Ceasar J. Chuc (Deceased) 1/4 interest reserved in Warranty Deed recorded 9/26/61 in Book 336 at Page 570. Effects: Lois 12 and 16, Section 20; Lois 2 and 3, Section 29; all in Township 7 South, Range 88 West of the 6th Principal Meridian except Iha! parcel of land described in deed recorded in Book 255 at Page 272. Ella J. Chase 1/50 interest in deed recorded 6/12/51 in Book 258 al Page 594. Effects: Thal portion of Lois 6 and 7, Sec/ion 18, Township 7 south, Range 88 West of the 6th Principal Meridian lying southerly and westerly of the Roaring Fork River. · Wliliam Waller Gentry AKA William Gentry All reserved in deed recorded 5/8/50 in Book 250 at Page 271. Effects: Lois 2 and 5, Section 13, township 7 South, Range 88 West of the 6th Principal Meridian. United Stoles of America All uranium, thorium or other material essential lo the production of fissionable materials reserved in Patent recorded in Book 285 al Page 161. Effects: NEl/4NWl/4, and Lots 19 and 20, Section 20, township 7 South, Range 88 West of the 6th Principal Meridian. M