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HomeMy WebLinkAbout09 Title CommitmentALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: stewart r+ s L�ewa Ir title guaranty company Authorized Countersignature Matt Morris President and CEO Stewart Title - Glenwood Springs - Main 1620 Grand Avenue Glenwood Springs, CO 81601 (970) 945-5434 Denise C . rraux Secretary Copyright 2006-2009 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. File No. 941686 004 -UN ALTA Commitment (6/17/06) AMERICAN I &VI, 11111 .4«1.,1 14110N CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and 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< http://www.alta.orgh. All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Copyright 2006-2009 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. File No. 941686 004 -UN ALTA Commitment (6/17/06) :VMI Rl[.. AN IA tid* f0111 COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No.: 941686 1. Effective Date: December 18, 2014, at 8:00 A.M. 2. Policy or Policies to be issued: (a) A.L.T.A. Owner's Policy Proposed Insured: Tbd Buyer (b) A.L.T.A. Loan Policy Proposed Insured: Amount of Insurance 2006 (Extended) T.B.D. 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the said estate or interest in said land is at the effective date hereof vested in: Carbondale Investments, LLC, a Texas limited liability company 5. The land referred to in this Commitment is described as follows: See Attached Legal Description Purported Address: TBD Highway 82 Glenwood Springs, CO 81601 STATEMENT OF CHARGES These charges are due and payable before a policy can be issued TBD/Search Rate Search Fee: $300.00 Copyright 2006-2009 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. File No. 941686 CO STG ALTA Commitment Sch A STO Page 1 of 5 STEWART TITLE GUARANTY COMPANY SCHEDULE A LEGAL DESCRIPTION Parcel A (South Parcel): A tract of land situated in the east half of Section 12, Township 7 South, Range 89 West, and in the west half of Section 7 and in the north half of Section 18, Township 7 South, Range 88 West of the 6th Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: Beginning at a point on the westerly right of way line of Colorado State Highway 82, whence a 2 1/2" Brass Cap, found in place and correctly marked as the southeast corner of said Section 7, bears S 78°49'20" E a distance of 2150.14 feet; thence, along said right of way line S 09°35°09 E a distance of 401.79 feet; thence, S 09°35°09 E a distance of 1545.87 feet; thence, 626.05 feet along the arc of a curve to the left having a radius of 1482.50 feet, a central angle of 24°11'44" and subtending a chord bearing of S 21°41'02" E a distance of 621.41 feet; thence, S 33°46°54 E a distance of 387.28 feet; thence, 294.32 feet along the arc of a curve to the right, having a radius of 2815.00 feet, a central angle of 5°59'26" and subtending a chord bearing of S 30°47°11 E a distance of 294.19 feet; thence, departing said right of way line N 89°53°16 W a distance of 218.07 feet; thence, N 40°23°30 W a distance of 69.38 feet; thence, S 87°28°29 W a distance of 36.35 feet; thence, S 83°52°12 W a distance of 10.80 feet; thence, N 58°27°19 W a distance of 41.45 feet; thence, N 29°51°31 W a distance of 8.28 feet; thence, N 24°16°24 W a distance of 25.22 feet; thence, N 69°00°53 W a distance of 9.87 feet; thence, S 87°31°44 W a distance of 22.60 feet; thence, N 57°25°01 W a distance of 17.28 feet; thence, N 50°09°49 W a distance of 26.07 feet; thence, N 46°21°12 W a distance of 9.99 feet; thence, N 44°28°05 W a distance of 21.45 feet; thence, N 55°50°08 W a distance of 49.05 feet; thence, N 56°25°40 W a distance of 49.94 feet; thence, N 68°12°23 W a distance of 36.45 feet; thence, N 46°54°04 W a distance of 55.18 feet; thence, N 68°49°21 W a distance of 25.14 feet; thence, N 47°41°50 W a distance of 78.78 feet; thence, N 30°26°40 W a distance of 24.58 feet; thence, N 25°47°01 W a distance of 30.08 feet; thence, N 18°11°39 W a distance of 34.61 feet; thence, N 30°58°21 W a distance of 29.32 feet; thence, N 21°59°14 W a distance of 27.50 feet; thence, N 30°16°07 W a distance of 22.97 feet; thence, N 25°41°38 W a distance of 169.44 feet; thence, N 41°17°39 E a distance of 82.61 feet; thence, N 38°34°52 E a distance of 15.89 feet; thence, N 34°26°44 W a distance of 262.40 feet; thence, N 57°58°09 W a distance of 102.47 feet; thence, N 53°43°31 W a distance of 105.38 feet; thence, N 55°58°11 W a distance of 126.13 feet; thence, N 56°14°57 W a distance of 118.42 feet; thence, N 49°16°04 W a distance of 136.33 feet; Copyright 2006-2009 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. File No. 941686 CO STG ALTA Commitment Sch A STO Page 2 of 5 STEWART TITLE GUARANTY COMPANY thence, N 44°30°51 W a distance of 150.05 feet; thence, N 32°49°55 W a distance of 102.14 feet; thence, N 37°44°19 W a distance of 552.12 feet; thence, N 18°10°02 W a distance of 47.26 feet; thence, N 27°58°19 W a distance of 109.20 feet; thence, N 35°01°36 W a distance of 71.09 feet; thence, N 41°32047 W a distance of 152.23 feet; thence, N 40°22°24 W a distance of 339.82 feet; thence, N 64°20°53 W a distance of 34.06 feet; thence, N 45°00°36 W a distance of 52.42 feet; thence, N 44°53°41 W a distance of 154.66 feet; thence, N 32°35°48 W a distance of 86.59 feet; thence, N 57°01°32 W a distance of 44.89 feet; thence, N 30°33°12 W a distance of 85.72 feet; thence, N 37°39°02 W a distance of 79.09 feet; thence, N 37°32°30 W a distance of 63.32 feet; thence, N 20°02°15 W a distance of 33.98 feet; thence, N 39°52°25 W a distance of 42.02 feet; thence, N 25°36°04 W a distance of 107.17 feet; thence, N 30°34°08 W a distance of 164.72 feet; thence, N 11°39°01 W a distance of 107.90 feet; thence, N 24°56°06 E a distance of 163.60 feet; thence, N 63°39°33 E a distance of 177.81 feet; thence, N 83°14°43 E a distance of 393.54 feet; thence, N 07°15°26 W a distance of 21.79 feet; thence, N 80°51°11 E a distance of 50.00 feet; thence, N 89°15°06 E a distance of 65.56 feet; thence, N 57°50°04 E a distance of 50.12 feet; thence, S 84°51°15 E a distance of 33.08 feet; thence, S 81°39°50 E a distance of 89.61 feet; thence, N 56°07°00 E a distance of 26.86 feet; thence, N 07°38°31 E a distance of 27.93 feet; thence, N 37°41°57 W a distance of 28.06 feet; thence, N 50°00°15 E a distance of 22.23 feet; thence, N 82°02°30 E a distance of 36.49 feet; thence, S 63°34°38 E a distance of 54.05 feet; thence, S 45°59°58 E a distance of 20.95 feet; thence, S 14°44°20 E a distance of 29.18 feet; thence, S 11°11°17 W a distance of 26.42 feet; thence, S 14°58°41 E a distance of 30.14 feet; thence, S 43°42°10 E a distance of 69.77 feet; thence, S 31°36°59 E a distance of 56.76 feet; thence, S 49°38°46 E a distance of 40.12 feet; thence, S 45°30°55 E a distance of 40.88 feet; thence, S 60°16°38 E a distance of 43.39 feet; thence, S 73°16°24 E a distance of 67.60 feet; thence, S 53°05°15 E a distance of 15.86 feet; thence, S 63°37°30 E a distance of 52.31 feet; thence, S 83°28°21 E a distance of 46.95 feet; thence, N 86°20°27 E a distance of 61.04 feet; thence, N 31°59°09 E a distance of 47.07 feet; thence, N 06°58°38 E a distance of 32.16 feet; thence, N 72°08°07 E a distance of 7.98 feet; thence, S 24°51°03 E a distance of 72.35 feet; thence, S 41°52°47 E a distance of 50.71 feet; thence, S 54°44°21 E a distance of 38.31 feet; Copyright 2006-2009 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. File No. 941686 CO STG ALTA Commitment Sch A STO Page 3 of 5 STEWART TITLE GUARANTY COMPANY thence, S 83°39°39 E a distance of 87.15 feet; thence, S 57°11°12 E a distance of 77.06 feet; thence, S 41°51°16 E a distance of 88.65 feet; thence, S 57°39°13 E a distance of 65.60 feet; thence, S 49°55°38 E a distance of 74.96 feet; thence, S 61°04°52 E a distance of 43.44 feet; thence, S 71°46°03 E a distance of 55.45 feet to the point of beginning. Together with Parcel B (North Parcel): A tract of land situated in the east half of Section 12, Township 7 South, Range 89 West, and in the west half of Section 7, Township 7 South, Range 88 West of the 6th Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: Beginning Garfield County Surveyor's 2 1/2" Brass, found in place, and correctly marked as the southeast corner of said Section 7, thence S 49°22'15" E a distance of 5479.54 feet to the true point of beginning; thence, S 89°43°30" E a distance of 1005.44 feet to a point on the westerly line of the Roaring Fork Transit Authority Transportation Corridor Easement; thence, along the westerly line of said Easement S 19°38°52" E a distance of 2644.53 feet; thence, 494.34 feet along the arc of a curve to the right, having a radius of 2815.00 feet, a central angle of 10°03°42 and subtending a chord bearing of S 14°37°01" E a distance of 493.70 feet; thence, S 09°35'09" E a distance of 120.78 feet; thence, departing the westerly line of said Easement N 65°36'14" W a distance of 60.45 feet; thence, N 49°54'10" W a distance of 64.72 feet; thence, N 49°54'10" W a distance of 86.97 feet; thence, N 48°11'10" W a distance of 54.30 feet; thence, N 56°47'27" W a distance of 123.97 feet; thence, N 83°47'24" W a distance of 93.00 feet; thence, N 29°35'31" W a distance of 119.58 feet; thence, N 78°00'43" W a distance of 33.84 feet; thence, S 79°41'48" W a distance of 37.80 feet; thence, S 22°57'52" W a distance of 56.05 feet; thence, S 59°31'57" W a distance of 45.48 feet; thence, N 82°32'35" W a distance of 28.23 feet; thence, N 59°07'03" W a distance of 95.71 feet; thence, N 71 °20'44" W a distance of 85.73 feet; thence, N 36°43'10" W a distance of 93.22 feet; thence, N 25°39'22" W a distance of 181.92 feet; thence, N 65°10'24" W a distance of 98.43 feet; thence, S 85°02'33" W a distance of 52.20 feet; thence, S 56°33'52" W a distance of 39.34 feet; thence, S 20°49'33" W a distance of 42.96 feet; thence, S 37°27'43" E a distance of 21.60 feet; thence, N 77°02'57" W a distance of 89.66 feet; thence, S 70°24'18" W a distance of 70.95 feet; thence, N 88°59'39" W a distance of 55.55 feet; thence, S 84°28'58" W a distance of 49.93 feet; thence, N 14°22'48" E a distance of 68.20 feet; thence, N 05°11'46" W a distance of 77.59 feet; thence, N 18°20'05" E a distance of 10.82 feet; thence, N 22°53'40" E a distance of 44.14 feet; thence, N 10°34'58" E a distance of 35.11 feet; thence, N 08°59'51" E a distance of 47.16 feet; thence, N 03°48'08" E a distance of 36.48 feet; thence, N 04°40'52" E a distance of 71.03 feet; thence, N 07°37'51" E a distance of 54.66 feet. Copyright 2006-2009 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. File No. 941686 CO STG ALTA Commitment Sch A STO Page 4 of 5 STEWART TITLE GUARANTY COMPANY thence, N 29°28'14" W a distance of 63.68 feet; thence, N 32°00'44" W a distance of 61.05 feet; thence, N 26°17'29" W a distance of 55.52 feet; thence, N 38°14'36" W a distance of 44.36 feet; thence, N 53°11'32" W a distance of 37.73 feet; thence, N 59°54'48" W a distance of 54.16 feet; thence, N 87°51'35" W a distance of 36.97 feet; thence, N 57°33'47" W a distance of 65.70 feet; thence, N 81°56'22" W a distance of 85.02 feet; thence, N 04°11'29" W a distance of 158.65 feet; thence, N 35°50'41" W a distance of 41.30 feet; thence, N 54°46'03" W a distance of 24.70 feet; thence, N 28°51'45" W a distance of 209.99 feet; thence, N 11°58'37" W a distance of 33.82 feet; thence, N 41°03'46" E a distance of 78.19 feet; thence, N 06°29'01" W a distance of 117.20 feet; thence, N 20°05'27" W a distance of 94.24 feet; thence, N 11°32'03" W a distance of 63.83 feet; thence, N 07°57'46" W a distance of 141.45 feet; thence, N 09°56'14" E a distance of 50.76 feet; thence, N 19°17'44" W a distance of 91.04 feet; thence, N 44°41'59" W a distance of 134.55 feet; thence, N 19°23'49" W a distance of 74.18 feet; thence, N 19°33'06" W a distance of 43.27 feet; thence, N 21°30'01" W a distance of 72.23 feet; thence, N 00°16'30" E a distance of 217.77 feet; thence, N 00°16'30" E a distance of 312.94 feet to the point of beginning. Together with. Parcel C: A tract of land situated in the southwest quarter of Section 7, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: Beginning at a point on the westerly right of way line of Colorado State Highway 82, whence a 2 1/2" Brass Cap, found in place and properly marked as the southeast corner of said Section 7, bears S 78°01'43" E a distance of 2054.18 feet; thence, along said westerly right of way line N 09°35'10" W a distance of 188.14 thence, 282.60 feet along the arc of a curve to the left having a radius of 2915.00 feet, a central angle of 5°33'17" and subtending a chord bearing of N 12°21'49" W a distance of 282.49 feet; thence, departing said right of way line S 90°00'00" E a distance of 49.74 feet; thence, S 06°01'00" E a distance of 202.70 feet; thence, S 04°34'58" E a distance of 260.70 feet to the point of beginning. County of Garfield, State of Colorado. Copyright 2006-2009 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. File No. 941686 CO STG ALTA Commitment Sch A STO Page 5 of 5 STEWART TITLE GUARANTY COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I File No.: 941686 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. NOTE: This product is for informational purpose only. It is not a title insurance product and does not provide any form of coverage. This product is not a guarantee or assurance and does not warrant, or otherwise insure any condition, fact or circumstance. This product does not obligate this Company to issue any policies of title insurance for any subsequent transaction based on the information provided or involving the described herein. This Company's sole liability for any error(s) relating to this product is limited to the amount this was paid for this product. 5. Deed of Trust from the Borrower to the Public Trustee for the use of the proposed lender to secure the loan. NOTE: The vesting deed is shown as follows: Special Warranty Deed (Correction) recorded June 22, 2011 as Reception No. 804201. Copyright 2006-2009 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. File No. 941686 CO STG ALTA Commitment Sch B I Page 1 of 1 STEWART TITLE GUARANTY COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II File No.: 941686 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. The effect of inclusion in any general or specific water conservancy, fire protection, soil conservation or other district or homeowners association or inclusion in any water service or street improvement area. 10. Reservations or exceptions contained in United States Patents, Acts authorizing the issuance thereof, recorded November 17, 1893 in Book 12 at Page 255 as Reception No. 16539, recorded June 24, 1893 in Book 12 at Page 235 as Reception No. 16010, recorded December 4, 1894 in Book 12 at Page 339 as Reception No. 11720, recorded January 15, 1896 in Book 12 at Page 394 as Reception No. 19002 and recorded January 24, 1906 in Book 56 at Page 534 as Reception No. 31514; reserving 1) Rights of the proprietor of a vein or lode to extract and remove his ore therefrom and 2) rights of way for ditches and canals constructed by the authority of the United States. 11. Right of way granted unto the Mountain States Telephone and Telegraph Company as set forth in instruments recorded July 31, 1931 in Book 164 at Page 153 as Reception No. 110551 and in Book 164 at Page 154 as Reception No. 110552. 12. Easement Grant unto The Thompson Glen Ditch Company as set forth in instrument recorded January 26, 2011 as Reception No. 798016; and Quit Claim Deed unto Carbondale Investments, LLC, a Texas limited liability company recorded January 26, 2011 as Reception No. 798018. 13. Oil, Gas and other minerals reservations as set forth in instrument recorded December 17, 1964 in Book 362 at Page 445 as Reception No. 228037. 14. Agreement recorded August 19, 1994 in Book 912 at Page 970 as Reception No. 467450. Copyright 2006-2009 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. File No. 941686 CO STG ALTA Commitment Sch B II STO Page 1 of 2 STEWART TITLE GUARANTY COMPANY h'-!wiA \N i'.I, IIYI' COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II 15. Easements and Rights of Way as set forth in License Grant recorded August 2, 1999 in Book 1142 at Page 979 as Reception No. 549752 and Amendment recorded November 15, 2000 in Book 1217 at Page 601 as Reception No. 572246. 16. Oil and Gas reservations as set forth in instrument recorded June 12, 1951 in Book 258 at Page 594 as Reception No. 176326. 17. Easements and Rights of Way as set forth in Easement Grant recorded August 2, 1999 in Book 1142 at Page 963 as Reception No. 549751; and Amended to Easement recorded November 15, 2000 in Book 1217 at Page 588 as Reception No. 572244. 18. Easements and Rights of Way as set forth in License Grant recorded August 2, 1999 in Book 1142 at Page 993 as Reception No. 549753 and Amendment recorded November 15, 2000 in Book 1217 at Page 596 as Reception No. 572247 . 19. Easements and Rights of Way as set forth in Grant of Easement, Open Space Easement recorded August 2, 1999 in Book 1143 at Page 1 as Reception No. 549754; and Amendment to Grant of Easement, Open Space Easement recorded November 15, 2000 in Book 1217 at Page 593 as Reception No. 572245. 20. Grant of Irrevocable License and Fiber Optic and Communications Protection Agreement as set forth in instrument recorded December 15, 1999 in Book 1164 at Page 818 as Reception No. 556678. 21. Grant of Conservation Easement as set forth in instrument recorded February 7, 2000 in Book 1171 at Page 929 as Reception No. 559036; and matters shown on Overall Conservation Easement Plat recorded December 24, 2008 as Reception No. 760571 22. Easement Agreement as set forth in instrument recorded November 15, 2000 in Book 1217 at Page 610 as Reception No. 572249. 23. Ditch Relocation, Operation and Maintenance Agreement as set forth in instrument recorded October 3, 2001 in Book 1292 at Page 61 as Reception No. 589535; and First Supplement and Amendment to Ditch Relocation, Operation and Maintenance Agreement recorded January 26, 2011 as Reception No. 798017. 24. Board of County Commissioners of Garfield County, Resolution No. 2008-112 as set forth in instrument recorded October 7, 2008 as Reception No. 756914. 25. Grant of Easement Agreement as set forth in instrument recorded December 22, 2009 as Reception No. 760451. 26. Map of Overall Conservation Easement recorded December 24, 2008 as Reception No. 760571. 27. Resolution No. 11-85 recorded December 22, 2011 as Reception No. 812356. 28. Resolution No. 11-84 recorded December 22, 2011 as Reception No. 812357. 29. Roaring Fork Water and Sanitation District, Pro -Inclusion Agreement recorded July 25, 2012 as Reception No. 821791. 30. Memorandum of Understanding regarding the Intersection of State Highway 82 at the Junction of County Road 110 and County Road 113, recorded October 2, 2012 as Reception No. 824971. Copyright 2006-2009 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. File No. 941686 CO STG ALTA Commitment Sch B II STO Page 2 of 2 STEWART TITLE GUARANTY COMPANY 4roo i.1,1 DISCLOSURES File No.: 941686 Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; B. A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; C. INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title - Glenwood Springs - Main conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: 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: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. File No.: 941686 CO Commitment Disclosure WHAT SHARING Contact 1980 STG Privacy Notice Stewart Title Companies DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. a Reasons we can share your personal information. Do we share Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. Yes No For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and non-financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company Yes No For our affiliates' everyday business purposes— information about your creditworthiness. No We don't share For our affiliates to market to you — For your convenience, Stewart has developed a means for you to opt out from its affiliates marketing even though such mechanism is not legally required. Yes Yes, send your first and last name, the email address used in your transaction, your Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non -affiliates to market to you. Non -affiliates are companies not related by common ownership or control. They can be financial and non-financial companies. No We don't share We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] PRACTICES How often do the Stewart Title Companies notify me about their practices? We must notify you about our sharing practices when you request a transaction. How do the Stewart Title Companies protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my personal information? We collect your personal information, for example, when you • request insurance -related services ■ provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No.: 941686 Page 1 Revised 11-19-2013