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HomeMy WebLinkAbout1.03 Proof of OwnershipIF" Land Atte U —SiPICE 1967— Customer Distribution Property Address: 62 HORSESHOE LANE, CARBONDALE, CO 81623 Our Order Number: BAR64001449-2 Date: 07-11-2017 For Closing Assistance Tanya Germany 200 BASALT CENTER CIRCLE PO BOX 3440 BASALT, CO 81621 970-927-0405 (phone) 877-346-4115 (fax) tgermany@Itgc.com Company License: C044565 Contact License: C0523905 Closer's Assistant ANN MASON 200 BASALT CENTER CIRCLE PO BOX 3440 BASALT, CO 81621 970-927-0405 (phone) 877-346-4115 (fax) amason@ltgc.com For Title Assistance KIM SHULTZ 200 BASALT CENTER CIRCLE PO BOX 3440 BASALT, CO 81621 970-927-0405 (phone) 970-927-0610 (fax) valleyresponse@Itgc.com PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS Buyer/Borrower JUSTIN ADIS AND TARAADIS 1175 CINNABAR DR. Castle Rock, CO 80108 taraadiscontractmanager@gmail.com Delivered via: Delivered by Realtor Seller/Owner ERIC WILLSKY Delivered via: Electronic Mail Agent for Seller WOODBRIDGE REALTY OF CO LLC Attention: LAURA GEE 9929 HIGHWAY 82 CARBONDALE, CO 81623 970-948-8568 (phone) 970-510-6088 (work) Igee@woodbridgerealtyco.com Delivered via: Undetermined Agent for Buyer COLDWELL BANKER RESIDENTIAL BROKERAGE Attention: TARAADIS 6501 E BELLEVIEW AVE #500 ENGLEWOOD, CO 80111 720-334-4366 (phone) 303-409-1300 (work) 303-409-6113 (work fax) contractmanager7@gmail.com Delivered via: Electronic Mail Land Title GUA RANTES COMPANY Seta 190 Land Title Guarantee Company Estimate of Title Fees Order Number: BAR64001449-2 Date: 07-11-2017 Property Address: 62 HORSESHOE LANE, CARBONDALE, CO 81623 Buyer/Borrower: JUSTIN B. ADIS AND TARA M. ADIS Seller: ERIC WILLSKY Visit Land Title's website at www.ltgc.com for directions to any of our offices. Estimate of Title Insurance Fees ALTA Owners Policy 06-17-06 Deletion of Standard Exception(s) Tax Certificate $720.00 $65.00 $26.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Total $811.00 THANK YOU FOR YOUR ORDER! ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Property Address: 62 HORSESHOE LANE, CARBONDALE, CO 81623 1. Effective Date: 06-21-2017 At 05:00:00 2. Policy to be Issued and Proposed Insured: "ALTA" Owner's Policy 06-17-06 Proposed Insured: JUSTIN B. ADIS AND TARA M. ADIS $155,000.00 Order Number: BAR64001449-2 Customer Ref -Loan No.: 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: ERIC WILLSKY 5. The Land referred to in this Commitment is described as follows: LOT H22 ASPEN GLEN, FILING NO. 7 ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 23, 1999 AS RECEPTION NO. 552596 AND AMENDED PLAT OF LOT H22, ASPEN GLEN, FILING NO. 7, RECORDED FEBRUARY 23, 2007 AS RECEPTION NO. 717880. COUNTY OF GARFIELD STATE OF COLORADO Copyright 2006-2017 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: BAR64001449-2 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: 1. WARRANTY DEED FROM ERIC WILLSKY TO JUSTIN B. ADIS AND TARA M. ADIS CONVEYING SUBJECT PROPERTY. REQUIREMENTS TO DELETE THE PRE-PRINTED EXCEPTIONS IN THE OWNER'S POLICY TO BE ISSUED A. UPON RECEIPT BY THE COMPANY OFA SATISFACTORY FINAL AFFIDAVIT AND AGREEMENT FROM THE SELLER AND PROPOSED INSURED, EXCEPTIONS 1 THROUGH 4 OF THE STANDARD EXCEPTIONS WILL BE DELETED. ANY ADVERSE MATTERS DISCLOSED BY THE FINAL AFFIDAVIT AND AGREEMENT WILL BE ADDED AS EXCEPTIONS. B. IF LAND TITLE GUARANTEE CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTIONS AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH, EXCEPTION NO. 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED. C. UPON RECEIPT OF PROOF OF PAYMENT OF ALL PRIOR YEARS' TAXES AND ASSESSMENTS, EXCEPTION NO. 6 OF THE STANDARD EXCEPTIONS WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2017 AND SUBSEQUENT YEARS. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: BAR64001449-2 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 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 MATTERS, 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. C. RESOLUTION NO. 94-008 RECORDED FEBRUARY 2, 1994 IN BOOK 891 AT PAGE 620. D. RESOLUTION NO. 94-089 RECORDED AUGUST 9, 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. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: BAR64001449-2 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: G. RESOLUTION NO. 96-06 RECORDED FEBRUARY 9, 1996 IN BOOK 966 AT PAGE 682. H. RESOLUTION NO. 96-07 RECORDED FEBRUARY 9, 1996 IN BOOK 966 AT PAGE 686. I. RESOLUTION NO. 96-26 RECORDED MAY 9, 1996 IN BOOK 977 AT PAGE 399. 11. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS CONTAINED IN AGREEMENTS RECORDED JUNE 29, 1993 IN BOOK 835 AT PAGE 364. 12. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS, EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN AGREEMENTS BY AND BETWEEN UNION OIL COMPANY OF CALIFORNIA, ASPEN GLEN GOLF PARTNERS, LTD., AND THE ASPEN GLEN SANITATION DISTRICT RECORDED AUGUST 19, 1994 IN BOOK 912 AT PAGE 970 AND RECORDED AUGUST 19, 1994 IN BOOK 912 AT PAGE 973. 13. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, 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 10, 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 1, 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 AND 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 PAGE 740, FOURTEENTH SUPPLEMENTAL DECLARATION RECORDED MAY 8, 2003 IN BOOK 1467 AT PAGE 910, FIFTEENTH SUPPLEMENTAL DECLARATION RECORDED 12, 21, 2004 IN BOOK 1649 AT PAGE 891. 14. 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 IN BOOK 1151 AT PAGE 866. 15. EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED APRIL 6, 1995 IN BOOK 936 AT PAGE 458. 16. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS, RESTRICTIONS, EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN IN DECLARATION OF GOLF FACILITIES DEVELOPMENT, CONSTRUCTION AND OPERATIONAL EASEMENT RECORDED APRIL 6, 1995 IN BOOK 936 AT PAGE 314. 17. TERMS, CONDITIONS AND PROVISIONS OF WARRANTY DEED AND GRANT OF EASEMENT RECORDED DECEMBER 31, 1996 IN BOOK 1005 AT PAGE 228. 18. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SHOWN ON THE PLAT OF ASPEN GLEN, FILING NO. 1 RECORDED APRIL 6, 1995 AS RECEPTION NO. 476330 AND PLAT OF ASPEN GLEN, FILING NO. 7 RECORDED SEPTEMBER 23, 1999, AS RECEPTION NO. 552596, AND CORRECTION Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: BAR64001449-2 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: PLAT RECORDED MARCH 13, 2007 UNDER RECEPTION NO. 718915, AND AMENDED PLAT RECORDED FEBRUARY 23, 2007 URN 717880. 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, UNDER RECEPTION NO. 719512. 20. TERMS, CONDITIONS AND PROVISIONS OF AMENDED BYLAWS RECORDED MARCH 23, 2007 AT RECEPTION NO. 719513. JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY 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. Land Titre GUA RANTES COMPANY Simee r.96,7— LAND y6j LAND TITLE GUARANTEE COMPANY 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 treasurers 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 8-1-2 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. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. Commitment to Insure ALTA Commitment - 2006 Rev. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota 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 Schedule 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 such policy or policies is not the fault of the Company. 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 y I -,- John E. Freyer, Jr President 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 ILTG?<N[/E;I LAND TITLE GUARANTEE COMPANY 200 BASALT CENTER CIRCLE PO BOX 3440 ,,„� BASALT, CO 81621 Land Tide Phone: 970-927-0405 GUARANTEE COMPANY W W W.LTGC.COM Date: June 30, 2017 Re: Order No. 64001449 Property Address: 62 HORSESHOE LANE CARBONDALE CO 81623 Dear JUSTIN B. ADIS AND TARA NI. ADIS, Thank you for closing your recent transaction with Land Title Guarantee Company. We appreciate your trust in allowing us to handle your closing. Enclosed, please find a refund check for surplus recording fees collected at your closing. It is an industry practice to collect a pre-set amount at closing to ensure all documents are properly recorded with the Clerk and Recorder's office. We then refund the recording overage to the correct parties in the transaction. As a Colorado -owned and operated title company for over 50 years with offices throughout the state, Land Title welcomes the opportunity to assist with any future real estate needs. We also want to remind you that if you sell or refinance this property, you may be entitled to a discount on future title premiums. It was our pleasure to work with you. Please feel free to contact us with questions or if we can be of further assistance. Very truly yours, Tanya Germany Licensed Closing Agent Land Title Guarantee Company Ph: 970-927-0405 Form 13615 04/2014 refund. letter.buyer.odt BAR64001449 {28469198) Pig Land Title GUARANTEE COMPANY WWW.LTGC.COM LAND TITLE GUARANTEE COMPANY 200 BASALT CENTER CIRCLE PO BOX 3440 BASALT, CO 81621 Phone: 970-927-0405 Fax: 877-346-4115 I 1 1111 111 III I 1 1111111 111 111 STATEMENT OF SETTLEMENT "PURCHASERS" PROPERTY ADDRESS: 62 HORSESHOE LANE CARBONDALE CO 81623 SELLER(S): ERIC WILLSKY BUYER(S): JUSTIN B. ADIS AND TARA M. ADIS SISIILEMENT DATE: June 30, 2017 DATE OF PRORATION: June 30, 2017 HEM DESCRIPTION Sales Price Earnest Money Land Title Guarantee Company Tax Certificate LAND TITLE GUARANTEE COMPANY Endorsement Deletion of Standard Excps Record Warranty Deed Documentary Fee Current Taxes R005456 01/01/17 to 06/30/17 @ $11.2723/day Real Estate Closing Fee LAND TITLE GUARANTEE COMPANY Prepaid Owner's Association Dues 06-30 to 01-01 @ 4.2356 ASPEN GLEN HOMEOWNERS ASSOC. **** SubTotals **** Due From Buyer/Borrower Totals Debit 155,000.00 26.00 32.50 28.00 15.50 175.00 753.59 156,060.59 156,060.59 The above figures do not include sales or use taxes on property Credit 7,750.00 2,029.01 9,779.01 146,281.58 156,060.59 APPROVED AND ACCEPTED PURCHASER(S): JUSTIN B. ADIS TARA M. ADIS Form 13342 10/2013 ltgl.no.ach.odt REAL ESTATE BROKER: COLDWELL BANKER RESIDENTIAL BROKERAGE LAND TITLE CLOSING AGENT: TANYA GERMANY BAR64001449 {28403583} b94191 Ob/30/201 ( 10:05:45 AM Nage 1 of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $13.00 Doc Fee: $15.50 eRecorded I 111111 1 IIIIII 1111111 ibud Warranty Deed (Pursuant to 38-30-113 C.RS.) State Documentary Fee Date: Jlme 30, 2017 S 15.50 THIS DEED, made on June 30, 2017 by ERIC WILLSKY Grantor(s), of the County of GARFIELD and State of COLORADO for the consideration of ($155,000.00) ""'1 One Hundred Fifty Five Thousand and 00/100 *** dollars in hand paid, hereby sells and conveys to JUSTIN B. ADLS AND TARA M. ADIS Grantee(s), as Joint Tenants, whose street address is 1175 CINNABAR DRIVE Castle Rock, CO 80108, County of DOUGLAS, and State of COLORADO, the following real property in the County of Garfield, and State of Colorado, to wit: LOT 1122 ASPEN GLEN, FILING NO. 7 ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 23, 1999 AS RECEPTION NO. 552596 AND AMENDED PLAT OF LOT 1E22, ASPEN GLEN, FILING NO. 7, RECORDED FEBRUARY Z3, 2007 AS RECEPTION NO. 717880. COUNTY OF GARFIELD STATE OF COLORADO also known by street and number as: 62 HORSESHOE LANE CARBONDALE CO 81623 with all its appurtenances and warrants the title to the same, subject to general taxes for the year 2017 and those specific Exceptions described by reference to recorded documents as reflected in the title Documents accepted by Granwe(s) in accordance with Record Title Matters (Section 8.2) of the Contract w Buy and Sell Real Estate relating to the above described real property; distribution utility easements, (including cable IV); those specifically described rights of third parties not shown by tate public records of which Grantee(s) has actual knowledge and which were accepted by Grantee(s) in accordance with Off -Record Tide Matters (Section 8.3) and Current Survey Review (Section 9) of the Contract to Buy and Sell Real Estate relating to the above described real property; inclusions of the Property 'i any special tax district; and ther NONE C WILLSKY State of COLORADO County of PITKIN )ss- ) The foregoing instrument was acknowledged before me on this day of June 28, 2017 by ERIC WILLSKY No4ary Public My commission expires 1/(267202•C KIMBERLY J. PARHAM NOTARY PUBLIC STATE OF COLORADO NOTARY tD 2012 22396 MY COMMISSION EXPIRES APRIL 26, 2020 When Recorded Return m: JUSTIN B. ADIS AND TARA M ADIS 1175 CINNABAR DRIVE Castle Reck, CO 80108 Form 13084 01/2011 wd.odt Warranty Deed ()oint Teaartt) BAR64001449 {28403563} rig Land Tide Gann/01U CCogrn• 111 1111 IIIII II iuuu Warranty Deed (Pursuant to 38-30-113 C.RS.) State Documentary Fee Date: June 30, 2017 $ 15.50 THIS DEED, made on June 30, 2017 by ERIC WILLSKY Grantor(s), of the County of GARFIELD and State of COLORADO for the consideration of ($155,000.00) *** One Hundred Fifty Five Thousand and 00/100 *** dollars in hand paid, hereby sells and conveys to JUSTIN B. ADIS AND TARA M. ADIS Grantee(s), as Joint Tenants, whose street address is 1175 CINNABAR DRIVE Castle Rock, CO 80108, County of DOUGLAS, and State of COLORADO, the following real property in the County of Garfield, and State of Colorado, to wit: LOT H22 ASPEN GLEN, FILING NO. 7 ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 23, 1999 AS RECEPTION NO. 552596 AND AMENDED PLAT OF LOT H22, ASPEN GLEN, FILING NO. 7, RECORDED FEBRUARY 23, 2007 AS RECEPTION NO. 717880. COUNTY OF GARFIELD STATE OF COLORADO also known by street and number as: 62 HORSESHOE LANE CARBONDALE CO 81623 with all its appurtenances and warrants the title to the same, subject to general taxes for the year 2017 and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Grantee(s) in accordance with Record Title Matters (Section 8.2) of the Contract to Buy and Sell Real Estate relating to the above described real property; distribution utility easements, (including cable TV); those specifically described rights of third parties not shown by the public records of which Grantee(s) has actual knowledge and which were accepted by Grantee(s) in accordance with Off -Record Title Matters (Section 8.3) and Current Survey Review (Section 9) of the Contract to Buy and Sell Real Estate relating to the above described real property; inclusions of the Property wi • : any special tax district; and ether NONE C WILLSKY State of COLORADO ) ss. County of PITKIN The foregoing instrument was acknowledged before me on this day of June 28, 2017 by ERIC WILLSKY i 4 N. ary Public 1111 My commission expires W06(262(0 KIMBERLY J. PARHAMi --I NOTARY PUBLIC STATE OF COLORADO NOTARY ID 201240223.' lMY COMMISSION EXPIRES APRIL 26, 2020 When Recorded Return to: JUSTIN B. ADIS AND TARA M. ADIS 1175 CINNABAR DRIVE Castle Rock, CO 80108 Form 13084 01/2011 wd.odt Warranty Deed (Joint Tenant) BAR64001449 {28403563} Land Title CUAXANTEE CONVANY 894191 06/30/201/ 10:05:45 AM Page 1 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $13.00 Doc Fee: $15.50 eRecorded 111 1111111111111111111111111111111 REAL PROPERTY TRANSFER DECLARATION - (TD -1000) GENERAL INFORMATION Purpose: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. Refer to 39-14-102(4), Colorado Revised Statutes (C.R.S.). Requirements: All conveyance doctrtents (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor (seller) or grantee (buyer). Refer to 39-14-102(1)(a), C R.S. Penalty for Noncompliance Whenever a Real Property Transfer Declaration does it accompany the deed, the clerk and recorder notifies the county assessor who will seal a notice to the buyer requesting that the declaration be returned within thirty days after the notice is mailed. If the completed Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice, the assessor may impose a penalty of $25.00 or .025% (.00025) of the sale price, whichever is greater. This penalty may be imposed for any subsequent year that the buyer fails to submit the declaration until the property is sold. Refer to 39-14-102(1)(b), C.R.S. Confidentiality: The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer. However, it is only available to the seller if the seller filed the declaration. Information derived from the Real Property Transfer Declaration is available to any taxpayer or any agent of sucb taxpayer subject to confidentiality requirements as provided by law. Refer to 39-5-121.5, C.R.S. and 39-13-102(5xc), C.R.S. 1. Address and/or legal description of the real property sold: Please do not use P.O. Box numbers 62 HORSESHOE LANE CARBONDALE CO 81623 2. 'ape of Property purchased: Single Family Residential Townhome I Commercial Industrial n Agricultural Mixed Use X 3. Date of Closing: June 30, 2017 Condominium Multi -Unit Res vacant Land [lather Date of Contract if different than date of dosing: May 15, 2017 4. Total sale price: Including all real and personal property. 5155,000.00 5. Was any personal property included in the transaction? Personal property would include, but not limited to, carpeting, draperies, free standing appliances, equipment, inventory, furniture. If the personal property is not listed, the entire purchase price will be assumed to be for the real property as per 39-13-102, C.R.S. Yes X No If yes, approximate value $ Describe: 6. Did the total sale price include a trade or exchange of additional real or personal property? If yes, give the approximate value of the goods or services as of the date of closing. Yes X No If yes, value $ If yes, does this transaction involve a trade under IRS Code Section 1031? Yes X No 7. Was 100% interest in the real property purchased? Mark "no" if only a partial interest is being purchased. [ XE Yes n No If no, interest purchased: % 8. Is this a transaction among related parties? Indicate whether the buyer or seller are related. Related parties include persons within the same fam�il business affiliates, or affiliated corporations. n Yes X I No 9. Check any of the following that ply to the condition of the improvements at the time of purchase: New [ Excellent IIGood Average Fairf I Poor Salvage If the property is financed, please complete the following: 10. Total amount financed: NIA 11. Type of financing: (Check all that apply) New f I Assumed Seller C', Third Party I ; Combination; Explain Form 13199 09/2015 (6/2005) rpt.odt BA1264801449 {28403560} pg 1 of 2 1111111111111111111111111111111 REAL PROPERTY TRANSFER DECLARATION - (TD -1000) GENERAL INFORMATION Transfer Declaration provides essential infatitColoradoRunty assessor to help R S;sure fair and uniform Purpose: The Real Property tax purposes. Refer to 39-14-102(4), assessments for all property for property Berk and recorder for t to the documentary fee submitted to the countyeted and signed byrecorder the r Requirements: must: All conveyance documentsbaReal (deeds)psTransferr Declaration. This declaration must be comp recordation be accompanied bR feeto 39-14-102(1)(a), C.R.S. grantor (seller) or grantee (buyer).p the deed, the clerk and recorder Penalty for Noncompliance: Whenever a Real Property Transfer Declaration does not accompany notifies the county assessor who will send a notice to the buyer requesting that the declaration be returned within thlrty days after the notice is mailed•malt maybe imposed for any subsequent completed Real Property Transfer Declaration is not returned to ever county apse sor p on y e 3days of notice, the assessor may If the C.R.S. impose a penalty of $25.00 or .025% (.00025) of the sale price, is sold. Refer to 39-14-102(1)(b), year that the buyer fails to submit the declaration until the property Property Transfer r. iConfidentiality: The assessor ist required to make the Real d the declaration. tion. Informatio derived fromfor the Real Propeor the e nsfer However,ratiit is onlyvai availableoany the aseller if the seller subject to confidentiality requirements as provided by law. Refer Declaration is available to taxpayer or C.R.S. agent of such taxpayer to 39-5-121.5, C.R.S. and 39-13-102(5)(), 1. Address and/or legal description of the real property sold: Please do not use P.O. Sox numbers 62 HORSESHOE LANE CARBONDALE CO 81623 purchased: Sin le Family Residential ❑ Townhome Condominium Multi -Unit Res 2. T e of Property fOther H Commercial [� Industrial H Agricultural Mixed Use Vacant Land 3. Date of Closing: June 30, 2017 Date of Contract if different than date of closing: Ma 15, 2017 4. Total sale price: Including all real and personal property. $155,000.00 e, but not ted to, eries, 5 Was any personal plianc s, equipment, inventory,sd in efurniture. If the perso? Personal nal property sroperty dnot listed, the entire purchase price�gwill be assumed freestanding appliances, to be for the real property as per 39-13-102, C.R.S. Yes 1 X 1 No If yes, approximate value $ Describe: 6. Did the total sale price include a trade or exchange of additional real or personal property? If yes, give the approximate value of the Hor services as of the date of closing. H Yes X No If yes, value $ If yes, does this transaction involve a trade under IRS Code Section 1031? Yes X No 7. Was 100% interest in the real property purchased? Mark "no" if only a partial interest is being purchased. Yes No If no, interest purchased: X 8. Is this a transaction among related parties? Indicate whether the buyer or seller are related. Related parties include persons within the same famiilY business affiliates, or affiliated corporations. Yes IXINo 9. Check any of the following that a ply to the condition of the improvements at the time of purchase: New 1 1 Excellent H Good Average Fair Poor Salvage If the property is financed, please complete the following: 10. Total amount financed: N/A 11. T e of financing: (Check all that apply) New 'Assumed I (Seller Form 13199 09/2015 (6/2005) rpt.odt Third Party n Combination; Explain BAR64001449 {28403560} pg 1 oft 12. Terms: Variable; Starting interest rate % Fixed; Interest rate Length of time years Balloon Payment 1 Yes 13. Mark any that apply: If marked, please specify: No If yes, amount Due Date Seller assisted down payment, Seller concessions, Special terms or financing. For properties other than residential (Residential is defined as: single family detached, townhomes, apartments, and condominiums) please complete questions 14-16 if applicable. Otherwise, skip to #17 to complete. 14. Did the purchase price include a franchise or license fee? If yes, franchise or license fee value? Yes No 15. Did the purchase price involve an installment land contract? i Yes If yes, date of contract: No 16. If this was a vacant land sale, was an on-site inspection of the property conducted by the buyer prior to the closing? Yes I No Remarks: Please include any additional information concerning the sale you may feel is important. 17. Signed on this day of June 30, 2017 Have at least one of the parties to the transaction sign the document, and include an address and a daytime phone number. Signature of G antee (Buyer) X or Grantor (Seller) JUSTIN B. ADIS T M. ADIS 18. All future correspondence (tax bills, property valuations, etc.) regarding this property should be mailed to: JUSTIN B. ADIS AND TARA M. ADIS 1175 CINNABAR DRIVE Castle Rock, CO 80108 Phone: Email: Form 13199 09/2015 (6/2005) rpt.odt BAR64001449 {28403560} pg 2 of 2 Land Title' GUAMHI'EE COMPANY Customer Distribution Property Address: 62 HORSESHOE LANE, CARBONDALE, CO 81623 Our Order Number: BAR64001449-2 Date: 07-11-2017 For Closing Assistance Tanya Germany 200 BASALT CENTER CIRCLE PO BOX 3440 BASALT, CO 81621 970-927-0405 (phone) 877-346-4115 (fax) tgermany@Itgc.com Company License: C044565 Contact License: C0523905 Closer's Assistant ANN MASON 200 BASALT CENTER CIRCLE PO BOX 3440 BASALT, CO 81621 970-927-0405 (phone) 877-346-4115 (fax) amason@ltgc.com For Title Assistance KIM SHULTZ 200 BASALT CENTER CIRCLE PO BOX 3440 BASALT, CO 81621 970-927-0405 (phone) 970-927-0610 (fax) valleyresponse@ltgc.com PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS BuyerlBorrower .JUSTIN ADIS AND TARAADIS 1175 CINNABAR DR. Castle Rock, CO 110108 taraadiscontractmanager@gmall.com Delivered via: Delivered by Realtor Seller/Owner ERIC WILLSKY Delivered via: Electronic Mail Agent for Seller WOODBRIDGE REALTY OF CO LLC Attention: LAURA GEE 9929 HIGHWAY 82 CARBONDALE, CO 81623 970-948-8568 (phone) 970-510-6088 (work) Igee@woodbridgerealtyco.com Delivered via: Undetermined Agent for Buyer COLDWELL BANKER RESIDENTIAL BROKERAGE Attention: TARA ADIS 6501 E BELLEVIEW AVE #500 ENGLEWOOD, CO 80111 720-334-4366 (phone) 303-409-1300 (work) 303-409-6113 (work fax) contractmanager7@gmail.com Delivered via: Electronic Mail Land title GUARANTEE COMPANY --Since 19 67 �-- Land Title Guarantee Company Estimate of Title Fees Order Number: BAR64001449-2 Date: 07-11-2017 Property Address: 62 HORSESHOE LANE, CARBONDALE, CO 81623 Buyer/Borrower: JUSTIN B. ADIS AND TARA M. ADIS Seller: ERIC WILLSKY Visit Land Title's website at www.ltgc.com for directions to any of our offices. Estimate of Title Insurance Fees ALTA Owners Policy 06-17-06 Deletion of Standard Exception(s) $65.00 Tax Certificate $26.00 $720.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Total $811.00 THANK YOU FOR YOUR ORDER! ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Property Address: 62 HORSESHOE LANE, CARBONDALE, CO 81623 1. Effective Date: 06-21-2017 At 05:00:00 2. Policy to be Issued and Proposed Insured: "ALTA" Owner's Policy 06-17-06 Proposed Insured: JUSTIN B. ADIS AND TARA M. ADIS $155,000.00 Order Number: BAR64001449-2 Customer Ref -Loan No.: 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: ERIC WILLSKY 5. The Land referred to in this Commitment is described as follows: LOT H22 ASPEN GLEN, FILING NO. 7 ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 23, 1999 AS RECEPTION NO. 552596 AND AMENDED PLAT OF LOT H22, ASPEN GLEN, FILING NO. 7, RECORDED FEBRUARY 23, 2007 AS RECEPTION NO. 717880. COUNTY OF GARFIELD STATE OF COLORADO Copyright 2006-2017 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 1A.ED illti .4MCf�iMlt ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B-1 (Requirements) Order Number: BAR64001449-2 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: 1. WARRANTY DEED FROM ERIC WILLSKY TO JUSTIN B. ADIS AND TARA M. ADIS CONVEYING SUBJECT PROPERTY. REQUIREMENTS TO DELETE THE PRE-PRINTED EXCEPTIONS IN THE OWNER'S POLICY TO BE ISSUED A. UPON RECEIPT BY THE COMPANY OFA SATISFACTORY FINAL AFFIDAVIT AND AGREEMENT FROM THE SELLER AND PROPOSED INSURED, EXCEPTIONS 1 THROUGH 4 OF THE STANDARD EXCEPTIONS WILL BE DELETED. ANY ADVERSE MATTERS DISCLOSED BY THE FINAL AFFIDAVIT AND AGREEMENT WILL BE ADDED AS EXCEPTIONS. B. IF LAND TITLE GUARANTEE CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTIONS AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH, EXCEPTION NO. 5 OF THE STANDARD EXCEPTIONS WILL BE DELETED. C. UPON RECEIPT OF PROOF OF PAYMENT OF ALL PRIOR YEARS' TAXES AND ASSESSMENTS, EXCEPTION NO. 6 OF THE STANDARD EXCEPTIONS WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2017 AND SUBSEQUENT YEARS. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: BAR64001449-2 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 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 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 MATTERS, 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. C. RESOLUTION NO. 94-008 RECORDED FEBRUARY 2, 1994 IN BOOK 891 AT PAGE 620. D. RESOLUTION NO. 94-089 RECORDED AUGUST 9, 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. Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: BAR64001449-2 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: G. RESOLUTION NO. 96-06 RECORDED FEBRUARY 9, 1996 IN BOOK 966 AT PAGE 682. H. RESOLUTION NO. 96-07 RECORDED FEBRUARY 9, 1996 IN BOOK 966 AT PAGE 686. I. RESOLUTION NO. 96-26 RECORDED MAY 9, 1996 IN BOOK 977 AT PAGE 399. 11. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS CONTAINED IN AGREEMENTS RECORDED JUNE 29, 1993 IN BOOK 835 AT PAGE 364. 12. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS, EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN AGREEMENTS BY AND BETWEEN UNION OIL COMPANY OF CALIFORNIA, ASPEN GLEN GOLF PARTNERS, LTD., AND THE ASPEN GLEN SANITATION DISTRICT RECORDED AUGUST 19, 1994 IN BOOK 912 AT PAGE 970 AND RECORDED AUGUST 19, 1994 IN BOOK 912 AT PAGE 973. 13. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, 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 10, 1998 IN BOOK 1053 AT PAGE 8, FOURTH SUPPLEMENTAL DECLARATION RECORDED FEBRUARY 10, 1998 IN BOOK 1053 AT PAGE a0, FIFTH SUPPLEMENTAL DECLARATION RECORDED MAY 1, 1998 IN BOOK 1065 AT PAGE 800, SIXTH SUPPLEMENTAL DECLARATION RECORDED MAY 22, 1998 IN BOOK 1069 AT PAGE , 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 AND 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 PAGE 740, FOURTEENTH SUPPLEMENTAL DECLARATION RECORDED MAY 8, 2003 IN BOOK 1467 AT PAGE 910, FIFTEENTH SUPPLEMENTAL DECLARATION RECORDED 12, 21, 2004 IN BOOK 1649 AT PAGE 891. 14. 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 IN BOOK 1151 AT PAGE 866. 15. EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED APRIL 6, 1995 IN BOOK 936 AT PAGE 458. 16. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS, RESTRICTIONS, EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN IN DECLARATION OF GOLF FACILITIES DEVELOPMENT, CONSTRUCTION AND OPERATIONAL EASEMENT RECORDED APRIL 6, 1995 IN BOOK 936 AT PAGE 314. 17. TERMS, CONDITIONS AND PROVISIONS OF WARRANTY DEED AND GRANT OF EASEMENT RECORDED DECEMBER 31, 1996 IN BOOK 1005 AT PAGE 228. 18. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SHOWN ON THE PLAT OF ASPEN GLEN, FILING NO. 1 RECORDED APRIL 6, 1995 AS RECEPTION NO. 476330 AND PLAT OF ASPEN GLEN, FILING NO. 7 RECORDED SEPTEMBER 23, 1999, AS RECEPTION NO. 552596, AND CORRECTION Old Republic National Title Insurance Company Schedule B-2 (Exceptions) Order Number: BAR64001449-2 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: PLAT RECORDED MARCH 13, 2007 UNDER RECEPTION NO. 718915, AND AMENDED PLAT RECORDED FEBRUARY 23, 2007 URN 717880. 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, UNDER RECEPTION NO. 719512. 20. TERMS, CONDITIONS AND PROVISIONS OF AMENDED BYLAWS RECORDED MARCH 23, 2007 AT RECEPTION NO. 719513. Land Tile +1.04 !, R,111" 4!11W.4'4Y �.7vm,Ry�+, JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY 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. Land Title LAND TITLE GUARANTEE COMPANY GUARANTEE COMPANY _ Sihedr967.-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 3040-406 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 farms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 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 !eget 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 hmen 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. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. Commitment to Insure ALTA Commitment - 2006 Rev. * OLD RFPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (Company) for a valuable consideration. commits to issue its policy re 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 Schedule 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 terminale six months after rhe Effective Date or when the policy or polices committed for shall issue, whichever first occurs. provided that the failure to issue such policy or policies is not the fault of the Company. 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 detect. 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 ar (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 (hereon 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.al(a.ol'g. 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 "- N--"- \-- l ^^, John E.Freyer,Jr President Old Republic National Title Insurance Company a Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 (612)371-1111 � Mark Bilbrey President Ronde Yeager Secretary AMERICAN LAND TITLE ASSOCIATION