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Home My WebLink About1.0 Application905289 O4l1Ol2O18 f 0:1 0:33 AM Page 1 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $18.00 Doc Fee: $0.00 eRecorded Qutt Glatm Deed (P¡rBUent lo sÞ3{Þ1 1ü c.R8.) Tt ls DEED, msde oî t||¡ch zs, zûtS by SCOTT V. FEIZER A8 fO A 50?g ttrDlYlDEiD llfIERESt tl{D ROBEñI ilEL BAHRIE A3TOA50r uü¡MDEiD ltftËFEET Gr¡nlü(t) oilhecounlyol oABFIELDa¡rd Stlbol GololrdolorÙFæfflderdm., * T¡n Dohn ¡ld Ot|.' Good ld VdrrDlr Gqrddñtbn É ddeË in hálü p¡ä, her€by åtllË afit çilda¡ms þ SGOTT V. FEl:ZEn Granbe(s), I lnûì,ldual wl,roer stËot adüoe€ b P.û EOX ?58q Ornüä{ GA *Ell Gounry of lroilTEnEf' E& d Golor¡¡lo, fra lolo¡iru rad pçartr h thc comÙ ql Gsfield and $tao of colofado, lo wlts utf Gl ASPEII OLESI FILIÌ|G TG 'AOæFDII{ß TO THE AIE]IDED PLA.Í HEOOBDED DECEIIBER IO, ITS AS EEICEPT¡O{ IT'' 5æI¡& OOUNTYOFOÀRãE]D sfalEoF ooLoR loo alsokrurnbysbtrtandrumber6ilnLEolÚsLÆlEcAHBo]lDll.E'Goal6EÐ wilh al fr¡ Sæof ) l¡s Cd¡nlyd 5í.v Theforegoing lrÉrunþnlwaÉ adüþwledged búre me m üÊf4 of *eet¿- LotS bv ROAEHÍ ilEIL BANNE á^*.- Nortåry My Gcnmlsrlon e:çlies ã¿¿¡ Na{E>(//43- ìlllhsn r€cûrded retum to: sooTf V. FEfiZEE P.O. BOITE88, c,rBrEL GA989l1 6901¿656 (sñ6761 DocFæ Dñumanltry @¡ztlrãll8 FormSt olækrgrùeds/qcd-ttH il r illlllllllll lllillll lll lll 905289 0411012018 10:10:33 AM Page 2 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $18.00 Doc Fee: $0.00 eRecorded SIGNATU FE PAGE ATTACTTIIENT EX}II EIT ADDRESS LEOI{¡S GARBOÌ{DAL=, CO 81tãl V. FEÎZEF State of Golo¡¡do County ol GARFIËLÞ The foregolng lnsùumsnt was admowledged bsbre rne on thls day ol Apdl 9th, 2Ol0 Y. FETZEB ) lss l Public My Comrnission expires I 'zl F Landïtle Land Title Guarantee Company Gustomer Distribution ctutÀsr-t ffiMßY /r\ ¿(,..:-,lt PREVENT FflAUD - Please remember to call a member of our closing team when initiating a wire transter or providing wiring instructions.-.!¿ut tç62- Date: 04/09/2018Order Number: GW6301265&3 Property Address: 102 LEONIS LANE, CARBONDALE, CO 81623 PLEASE CONTACT YOUH CLOSER OF CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Glosing Assistance Becky Blanchard 901 GRAND AVENUE #202 GLENWOOD SPRINGS, CO 81601 (e70)sa5-2610 (Work) (800) 31 8-8206 (Work Fax) bblanchard(ôltgc.com Contact License: CO30323 Company License: CO44565 Gloser's Assistant Karin Batchelder 901 GRAND AVENUE #202 GLENWOOD SPRINGS, CO 81601 (970) 945-2610 (Work) (800) 318-8206 (Work Fax) kbatchelder@ltgc.com Company License: CO44565 For Title Assistance Garfield County Title Team 901 GRAND AVENUE #202 GLENWOOD SPRINGS, CO 81601 (970) 945-2610 (Work) (970) 945-4784 (Work Fax) olenwoodresoonse@ltoc.com Buyer/Borrower SCOTT V. FETZER Delivered via: Electronic Mail Lender - New Loan GLEN WEINBERG Attention: GLEN WEINBERG G LEN@FAIRVIEWLEN DING.COM LISA@WEINBERGASSOC.COM Delivered via: Electronic Mail Lender - New Loan WEINBERG SERVICING, LLC Attention: GLEN WEINBERG 148 HAMMOND DR SANDY SPRINGS, GA 30328 (404) 436-2636 (Work) (404) 634-1270 (Work) glen@fairviewlending.com lisa@weinbergassoc.com Delivered via: Electronic Mail ED TIMMINS Attention:ED TIMMINS ET@TIMMINSLAW.COM TH@TIMMINSLAW.COM Delivered via: Electronic Mail F l^andïtld Land Title Guarantee Company Estimate of Title Fees C{qTÀME! ruNT -,Îìtt ry(q- Order Number: Property Address Parties: GW63012656-3 Date: 04/09/2018 102 LEONIS LANE, CARBONDALE, CO 81623 SCOTT V. FETZ ER AS TO A 50% UNDIVIDED INTEREST AND ROBERT NEIL BARRIE AS TO A 50% UNDIVIDED INTEREST Visit Land Title's Website at for d¡rections to of our offices. Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the effect of these documents on your property Chain of Title Documents: Garfield county recorded 04/09/2012 under reception no. 817051 Garfield county recorded (M/09/2012 under reception no. 817050 Plat Map(s): Garfield county recorded 12l10/1996 under reception no. 502169 Estimate of Title insurance Fees "ALTA" Loan Policy 06-17-06 Bundled rate includes all applicable endorsements and one tax certificate Endorsement ALTA 9-06 Endorsement 100.30-06 Deletion of Standard Exceotionls) Tax Certificate $0.00 $0.00 $0.00 $o'oo Total $1.150.00 s1.150.00 lf Land Title Guarantee Gompany will be closing this transaction, the fees listed above will be collected at closing Thank you for your order! ALTA COMMITMENT Old Republic National Title lnsurance Company Schedule A Order Number: GW63012656-3 Customer Ref-Loan No.: 11667 Property Address: 102 LEONIS LANE, CARBONDALE, CO 8-I623 1. Effective Date: 0312712018 at 5:00 P.M. 2. Policy to be lssued and Proposed lnsured: "ALTA" Loan Policy 06-17-06 Bundled rate includes all applicable $575,000.00 endorsements and one tax certificate Proposed lnsured: WEINBERG SERVICING, LLC, ITS SUCCESSORS AND/OR ASSIGNS 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: SCOTT V. FETZER AS TO A 50% UNDIVIDED INTEREST AND ROBERT NEIL BARRIE AS TO A 50% UNDIVIDED INTEREST 5. The Land referred to in this Commitment is described as follows: LOT G1 ASPEN GLEN FILING NO. 1 ACCORDING TO THE AMENDED PLAT RECORDED DECEMBER 10, 1996 AS RECEPTION NO. 502169. COUNTY OF GARFIELD STATE OF COLORADO Copyright 2006-2018 American Land Title Association. All rights reserved. r AMIRTCAN LAND TITI,E 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. ASSOCTATIONffi ALTA COMMITMENT Old Republlc Natlonal Tltle lnsurance Company Schedule B, Part I (Requirements) Order Number: GW6301 2656-3 All of the lollowing Requirements must be met: This proposed lnsured must notify the Company in writing of the name of any parly not referred to in this Gommitment who will obtain an interest in the Land or who will make a loan on the Land. The Gompany may then make additional Requirements or Except¡ons, Pay the agreed amounl for lhe estate or ¡nterest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Gompany that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 1. RELEASE OF DEED OF TRUST DATED NOVEMBER 30, 2015 FROM SCOTT V. FETZER AS TO A 50% UNDIVIDED INTEREST AND ROBERT NEIL BARRIE AS TO A 50% UNDIVIDED INTEREST TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF ALPINE BANK TO SECURE THE SUM OF $5O,OOO.OO RECORDED JANUARY 14,2016, UNDER RECEPTION NO.872508, MODIFICATION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED APRIL 13, 2017 UNDER RECEPTION NO.891258. 2. GOOD AND SUFFICIENT DEED FROM SCOTT V. FETZER AS TO A 50% UNDIVIDED INTEREST AND ROBERT NEIL BARRIE AS TO A 50% UNDIVIDED INTEREST TO SCOTT V. FETZER CONVEYING SUBJECT PROPERTY. 3. DEED OF TRUST FROM SCOTT V. FETZER TO THE PUBLIC TRUSTEE OF GARFIELD COUNry FOR THE USE OF WEINBERG SERVICING, LLC TO SECURE THE SUM OF $575,OOO.OO. NOTE: ITEMS 1-3 OF THE STANDARD EXGEPTIONS ARE HEREBY DELETED FROM THE MORTGAGEE'S POLICY. ITEM 4 OF THE STANDARD EXCEPTIONS WILL BE DELETED UPON RECEIPT OF A SATISFACTORY LIEN AFFIDAVIT. ALTA 9 WILL BE ATTACHED TO THE MORTGAGEE'S POLICY WHEN ISSUED. NOTE: ALL PARTIES WILL BE REQUIRED TO SIGN THE LIEN AFFIDAVIT AT CLOSING. ALTA COMMITMENT Old Republic NationalT¡tle lnsurance Company Schedule B, Part ll (Exceptions) Order Number: GW6301 2656-3 This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent lhat the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 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 lo 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 ¡nterest or mortgage thereon covered by this Gommitment. 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 APRIL 11, 1892, IN BOOK 12 AT PAGE 133. 9. AN UNDIVIDED ONE.FOURTH INTEREST IN AND ÏO ALL OIL, GAS, HYDROCARBONS AND MINERALS OF EVERY KIND AND NATURE AS RESERVED BY GAESAR J. CHUC IN WARRANTY DEED RECORDED DECEMBER 26, 1958 IN BOOK 3.14 AT PAGE 160, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 10. TERMS, CONDITIONS, PROVISIONS AND RESTRICTIONS AS CONTAINED IN EASEMENTS RECORDED FEBRUARY 10, 1995 IN BOOK 931 AT PAGE 354, IN BOOK 931 AT PAGE 374, IN BOOK 931 AT PAGE 393, IN BOOK 931 AT PAGE 412 AND IN BOOK 931 AT PAGE 432. 11. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS CONTAINED IN AGREEMENTS RECORDED APRIL 12, 1992 IN BOOK827 AT PAGE 636 AND RECORDED JUNE 29, 1993 IN BOOK 835 AT PAGE 364. ALTA COMMITMENT Old Republic NationalTitle lnsurance Company Schedule B, Part ll (Exceptions) Order Number: GW6301 2656-3 12. TERMS AND CONDITIONS OF RESOLUTIONS BY THE BOARD OF COUNry 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 AND AMENDED IN RESOLUTION NO. 97-38 RECORDED APRIL 16, 1997 IN BOOK 1015 AT PAGE 617, B. RESOLUTION NO. 93-121 RECORDED DECEMBER 28, 1993 IN BOOK 887 AT PAGE 824. C. RESOLUTION NO. 94-OO8 RECORDED FEBRUARY 2,1994IN BOOK 891 AT PAGE 620. D. RESOLUTION NO. 94-089 RECORDED AUGUST 9, 1994 IN BOOK 911 AT PAGE 791. E. RESOLUTION NO. 94-.I39 RECORDED DECEMBER .I3, 1994 IN BOOK 925 AT PAGE 345. F. RESOLUTION NO. 95-OO4 RECORDED JANUARY 17, .I995 IN BOOK 929 AT PAGE 64. 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 BOOK977 AT PAGE 399. J. RESOLUTION 98-88 RECORDED OCTOBER 13, 1998 IN BOOK 1092 AT PAGE 757. 13. 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, 1994IN BOOK 9.I2 AT PAGE 970 AND RECORDED AUGUST 19, 1994 IN BOOK 912 AT PAGE 973. 14. 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. 15. TERMS, CONDITIONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENT AS CONTAINED IN INSTRUMENT RECORDED APRIL 06, 1995, IN BOOK 936 AT PAGE 444. 16. EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SET FORTH ON THE PLAT OF ASPEN GI-EN PLANNED UNIT DEVELOPMENT RECORDED APRIL 6, 1995 UNDER RECEPTION NO.476330. 17. EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENT RECORDED APRIL 6, 1995 IN BOOK 936 AT PAGE 458. 18. TERMS, CONDITIONS AND PROVISIONS OF TRENCH, CONDUIT AND VAULT AGREEMENT RECORDED DECEMBER 01, 1995 IN BOOK 959 AT PAGE 968. 19. EASEMENT AND RIGHT OF WAY AS GRANTED TO ROCKY MOUNTAIN NATURAL GAS COMPANY IN INSTRUMENT RECORDED APRIL 30, 1996 IN BOOK 976 AT PAGE 13. ALTA COMMITMENT Old Republic NationalTitle Insurance Gompany Schedule B, Part ll (Exceptions) Order Number: GW6301 2656-3 20. RESTRIGTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUÏ OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ASPEN GLEN RECORDED APRIL 06, 1995, IN BOOK 936 AT PAGE 350, FIRST SUPPLEMENTAL DECLARATION RECORDED JULY 15, 1997 IN BOOK 1026 AT PAGE 161, SECOND SUPPLEMENTAL DECLARATION RECORDED NOVEMBER 26,1997 IN BOOK 1043 AT PAGE 850, THIRD SUPPLEMENTAL DECLARATION RECORDED FEBRUARY.lO, 1998IN BOOK 1053 AT PAGE8, FOURTH SUPPLEMENTAL DECLARATION RECORDED FEBRUARY 10, 'I998IN BOOK 1053 AT PAGE 30, FIFTH SUPPLEMENTAL DEGLARATION RECORDED MAY 1, 1998 IN BOOK 1065 AT PAGE 8OO, SIXTH SUPPLEMENTAL DECLARATION RECORDED MAY 22,1998 IN BOOK 1069 AT PAGE 58, SEVENTH SUPPLEMENTAL DECLARATION RECORDED AUGUST 24, '1998IN BOOK 1084 AT PAGE 943, EIGHÏH SUPPLEMENTAL DECLARATION RECORDED OCTOBER 26, 1998 IN BOOK 1094 AT PAGE 517, NINTH SUPPLEMENTAL DECLARATION RECORDED AUGUST 17, 1999 IN BOOK 1145 AT PAGE 680, TENTH SUPPLEMENTAL DECLARATION RECORDED NOVEMBER 19, 1999 IN BOOK 116-I AT PAGE 293, ELEVENTH SUPPLEMENTAL DECLARATION RECORDED SEPTEMBER 23, 1999 IN BOOK 1 151 AT PAGE 877, AND TWELFTH SUPPLEMENTAL DECLARATION RECORDED DECEMBER '14, 1999 IN BOOK 1164 AT PAGE 755, THIRTEENTH SUPPLEMENTAL DECLARATION RECORDED JULY 17, 2OOO IN BOOK 1197 AT PAGE 740, FOURTEENTH SUPPLEMENTAL DECLARATION RECORDED MAY 8, 2OO3 IN BOOK 1467 AT PAGE 910, AND FIFTEENTH SUPPLEMENTAL DECLARATION RECORDED DECEMBER2l,2OO4IN BOOK .1649 AT PAGE 891 AND AMENDED DECLARATION RECORDED MARCH 23,2007 AS RECEPTION NO. 7't9512. 21. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF ASPEN GLEN FILING 1, AMENDED LOT GI RECORDED DECEMBER 10, 1996 AT RECEPTION NO. 502169. 22. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF AMENDED BYLAWS RECORDED MARCH 23, 2007 AS RECEPTION NO. 719513. F Landïtle LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS 6{{[^[t t]' rtr6il6¡¡v .-,\i6ç ¡9(7- Note: Pursuant to CRS 10-11-122, notice is hereby g¡ven 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 lnsurance 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 lnsurance 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, 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 un¡t. (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 appropr¡ate affidavit indemnifying the Gompany aga¡nst un-filed mechanic's and material-men's liens. (D) The Gompany must receive payment of the appropriate premium. (E) lf there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of 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 lndemnity 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-'l 1-1 23, 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 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(6Xa), lt 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 lnsurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of lnsurance 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. F 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 Land ïiledt!{[^stt fnMnÁËv .-.\i¡¿¿ ¡yft -. This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title lnsurance Corporation and Old Republic National Title lnsurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. lnformation 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 lnformation"). ln the course of our business, we may collect Personal lnformation 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 aff iliates and non-aff iliates. Our policies regarding the protection of the confidentiality and security of your Personal lnformation are as follows We restrict access to all Personal lnformation 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 lnformation from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly assess secur¡ty standards and procedures to protect against unauthorized access to Personal lnformation. 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 lnformation may be disclosed. We may disclose your Personal lnformation 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 lnformation 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. a a +#+* * + ** Gommitment For Title lnsurance lssued by Old Republic NationalTitle lnsurance Corporation NOTICE IMPORTANT-READ CAREFULLY: THIS COMI\i|ITMENT lS AN OFFER TO ISSUE ONE OR l\rORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COI\,IMITMENT OF THE POLICY MUST BE BASED SOLELY IN CONTRACT. * + +* {- THIS COMMITIVENT IS NOT AN ABSTRACT OF TITLE, REPOBT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER BEPRESENTATION OF THE STATUS OF TITLE. THE PROGEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORIVED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COIVPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. . COMMITMENT TO ISSIJE POLICY Subject to the Not¡ce; Schedule B, Part l-Requirements;Schedule B, Part l[-Exceplions; and the Commitment Conditions, Old Republic NationalTitle lnsurance Company, a Minnesota corporation (the "Gompany"), commits to issue the Policy according to the lerms and provisions of this Commitment. This Commitment is effeclive as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specilied dollar amount as the Proposed Policy Amount and the name of the Proposed lnsured. lf all ot the Schedule B, Part l-Requirements have not been met within 6 months after the Commitment Date, this Commitment term¡nates and the Company's l¡abil¡ty and obligat¡on end. COMMITMENT CONDITIONS 1, DEFINITIONS (a)"Knowledge" or "Known": Actual or ¡mputed knowledge, but not conslructive not¡ce imparted by the Public Records. (b)"Land": The land described in Schedule A and aff¡xed impÍovemenls that by law constitute real property. The term "Land" does not include any property beyond the l¡nes of the area described in Schedule A, nor any r¡ght, title, interest, eslate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be ¡nsured by the Pol¡cy. (c)"Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronìc means authorized by law. (d) "Policy": Each conlract of lille ¡nsurance, in a form adopted by the American Land Title Associat¡on, ¡ssued or to be issued by the Company pursuant to this Comm¡tmenl. (e) "Proposed lnsured": Each person identified in Schedule A as the Proposed lnsured of each Policy lo be issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Pôl¡cy Amounl of each Policy to be issued pursuant to this Commitment. (g)"Public Records": Records establìshed under state statutes at the Commitment Date for the purpose of imparting constructive nolice of matters relating to real property to purchasers for value and without Knowledge. (h)"Title": The estate or interest described ¡n Schedule A, 2. lf all of the Schedule B, Part l-Requirements have nol been met within lhe time period specified in the Commitment to lssue Policy, Com¡tment terminates and the Cômpany's liability and obligat¡on end. 3. The Company's liability and obligation is limited by and this Commitment ¡s not valid w¡thout: (a)the Notice; (b)the Commitment to lssue Policy; (c)the Commitment Conditions ; (d)Schedule A; (e)Schedule B, Part l-Requirements; and (f) Schedule B, Part ll-Exceptions; and (g)a counter-signature by the Company or its issuing agent that may be in electron¡c form. 4. COMPANY'S RIGHT TO AMEND The Company may amend th¡s Commitment at any time, lf the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or olher matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condit¡on 5. The Company shall not be liable for any other amendment lo this Commitment. 5. LIMIÎATIONS OF LIABILITY (a)The Company's l¡ability under Commitment Condition 4 is limited to the Proposed lnsured's actualexpense incurred in the interval between the Company's del¡very to the Proposed lnsured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed lnsured's good faith reliance to: i. comply with the Schedule B, Part l-Requirements; i¡. el¡mìnate, wilh the Company's written consenl, any Schedule B, Part ll-Exceptions;or iii. acqu¡re the Title or create the Mortgage covered by this Commitment. (b)The Company shall not be liable under Commitment Condition 5(a) if the Proposed lnsured requested the amendment or had Knowledge of the malter and d¡d not notify the Company about it in writing. (c)The Company willonly have liability under Commitment Condition 4 if the Proposed lnsured would not have incurred the expense had the Commitment included the added matter when lhe Commitment was f¡rst del¡vered to the Proposed lnsured. (d)The Company's liability shall not exceed lhe lesser of the Proposed lnsured's actua¡ expense incurred in good failh and described in Commilment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e)The Company shall not be liable for the content of the Transâct¡on ldent¡lication Data, ¡f any. (f) ln no event shallthe Company be obligated to issue the Policy referred to in this Çommitment unless allof the Schedule B, Part l--Requiremenls have been met to the sat¡sfact¡on of the Company. (g)ln any event, the Company's liability is limited by the lerms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE EASED ON THIS COMMITMENT (a)Only a Proposed lnsured identified in Schedule A, and no othcr pcr6on, may mal<c a claim undcr this Commitmcnt- (b)Any cla¡m must be based in contract and musl be restricted solely to the lerms and provisions of lhis Commitment. (c)Until the Pôlicy is issued, this Commitment, as last rcviscd, is thc cxclueivc and cnt¡rc agrocmont bctwoon tho partics with rcspcct to thc cubjoot matter of this Commitment and supersedes allprior commìlment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to lhe subject matter of this Commitment. (d)The deletion or modification of any Schedule B, Part ll--Exception does not constilute an agreement or obligat¡on to provide coverage beyond the lerms and provisions of this Commitment or lhe Policy. (e)Any amendment or endorsement to this Commitment must be ¡n writing and authentlcated by a person authoÍized by the Company. (f) When the Policy ¡s issued, all liability and obligation under this Commitment willend and the Company's only liability willbe under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is lhe Company's agent only for the limited purpose of issuing t¡tle insurance comm¡tments and policies. Ihe ¡ssuing agent ¡s not the Company's agent for the purpose of providing closing or setllement serv¡ces. 8. PBO.FORMA POLICY The Company may provide, at lhe request of a Proposed lnsured, a pro{orma policy i¡lustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at thê time that the pro-lorma policy is delivered to a Proposed lnsured, nor ¡s ¡t a commitment to insure. S. AFBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Polìcy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed lnsured as the exclusive remedy of the parties. A Proposed lnsured may review a copy of the arbitration rules al http://www.alta.org/arbitration. lN WITNESS WHEREOF, Land Title lnsurance Corporation has caused its corporate name and sealto be aff¡xed by ¡ts duly authorized off¡cers on the dale shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. lssued by: Land Title Guarantee Gompany 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321 - 1 880 ffi A-rør', Old Republic National Title lnsurance Company, a Stock Company 400 Second Avenue South M inneapolis, Minnesota 55401 (612)371-1111 -t President Mark Bilbrey, President Rande Yeager, Secretary This page is only a part ol a 2016 ALTA@ Commitmenl for T¡tle lnsurance ¡ssued by Land Title lnsurance Corporation. This Commitmsnt is not valid without the Notice;lhe Commitmenl to lssue Policy; lhe Commitment Conditions; Schedule A; Schedule B, Part l-Requirements; and Schedule B, Part ll-Except¡ons;and a counter-signature by the Company or its issuing agent that may be in eleclronic form. Copyright 2006-20 1 6 American Land Tille Association. All rights reserved. The use of th¡s Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohib¡ted. Reprinted under license from the American Land Title Assoc¡ation. ¡ SeârchI Bufferr DrawI Layers) MeãgureLongitude: -107.252197, Latitude: 39r''34390Point Longitude: -107.25020ó, Lrt¡tude: 39.43415899,) BasemapMineral Rights:LeonisP&NevaMChuc9663 Highway 82Carbondale, CO 81623/ASPEN GLEN GOLFMAI.IAGEMENT COMPANYPO BOX 790830SAN ANTONIO, TX 78279Zoning Planned UnitDevelopment (PUD)Aspen Glen: 3/4 ac. ResidentialASPEN GLEN GOLFPO BOX 21307HILTON HEADsc 299252flt3lüIü2,*SUPPLEM ENTAL I N FORMATIONASPEN GLEN FILING NO. 1LOT G1, GARFIELD COUNTYitZoning: Pl.nncd Un¡t orcl opm.nt{PUO}23rñrototo.c[.ûcâlePt¡rsbl Addrcs 1o2 LEo Nrs LNCARBONDALESló23Meilln¡Address POBOXTTSACÁRMELBYTHESEA.cA 93921OrrnÜ FETZER. SCûTT VR830173Aßfrß0,7582Ot7 MlllLglty79-69æ1570 LINDA VISTA DR.SAN MARCOS, CA 92078¿¡æzcøç+<¡Garfield CountyIir,'9øGarfreld County Colorado Land Explorerg,@@oe rePtN 2393æ20óæ1- ç.t,: | " ü.i ., Garfield County Assessor Data Site Tips for using this data siie 9112118,2r01 PM Garfield County Assessor Data Site Jim Yellico, 109 8th Street, Suite 207, Clenwood Springs, CO, 81601 (P) 970.945.9134 I (F) 970.945.3953 | jyellico@garfield-counly.com Address Owner Name Legal Description Account Number Parcel Number R830173 Additional Search Options Mo n t h lv_SaleEiep_øls. One account was returned Search Resuits Account Parcel Owner Name R830173 239320206001 FETZER, SCOTT V Property Address 102 LEONIS LN, CARBONDALE Ac.trunt !nformaticn Print Property Report Tax lnfo GIS Map Account: Parcel: Owner Name: Owner Address: R8301 73 239320206001 FETZER, SCOTT V ATTN: PO BOX 7588, CARMEL BY THE SEA, CA, 93921 102 LEONIS LN, CARBONDALE Section:20Township: 7 Range:88 subdivision: ASPEN GLEN FLc 1 Lot: c-1 .758AcREs 083 ASPEN CLEN FLC 1 Property Address: tegal: Area: Subdlvision: 5aies informafion Date 03127 /2012 a4l L4 12000 06/04/ 1997 08/01/ 1996 Deed Type SWD WD WD WD Doc Number I 1 7050 562 159 Crantor U S BANK_TRUSTEE CORI, PHILIP T Crantee FETZER, SCOTT V KANTER , ELVIN Amount s723OA 83 7,000 240,000 200,000 û, http://garf iêld.inf oenvoy.com/Page 1 of 4 CopyCopy Mail - Fwd: ASPEN GLEN FINAL PUD FILING I SH... htþs://mail.google.com/maillul0/?ui:2&ik:5640bac306&jsver:C.. ¿æ- Hpr E[Pl-Gopy Gopy <glenwood@copycopy.b¡z> Fwd: ASPEN GLEN FINAL PUD FlLlNc 1 SHT 2 MINERAL OWNER 1 message Scott Fetzer <fetzerco@g mai l.com> To : g lenwood@copycopy. biz Wed, Sep 12,2018 at 2:30 PM Sent from my iPhone Begin fonruarded message: From: TAB <tiffanyberry0O1 @gmail.com> Date: September 12,2018 at2:19:40 PM MDT To: Scott Fetzer <fetzerco@gmail.com> Subject: ASPEN GLEN FINAL PUD FILING 1 SHT 2 MINERAL OWNER Scott, Attached is the exhibit for how I found the mineral owners. The mineral owners for all of Aspen Glen Final PUD Filing 1 are listed on sheet 2 of the plat recorded with the Garfield County Clerk and Recorders Office. The exhibit is a portion of sheet 2lhat specifically list the mineral rights owners. g Aspen Glen Filing 1 Sht2 Mineral Rights Owners.pdf - 129K Tiffany 1of 1 9/1212018,2:34Pill4 Exhibit'A' A Portion of Sheet 2 ASPEN GLEN FNALPUD, FILNG I, GARFILD COI.]NY, CO ¡Fl trl ¡s¡rut tt P. Cüüt ud l*w J. eûrß¡ffit ¡Jg¡¡try eålt*rÈ|* & çræ,, ,./a N*n, tr.ard h l/lf,E',Û N tt,v¡*tt n/t*# nlh* lttdm r&. WWÙYçfr, üútìH tñt ı/T/E ù, M Xt7 d a92 lito- tIffi¡ t cl m ìEIA rtr/4 ld +44ã'.Q,lt,n üü ,rq Uvlú tü f) rlr,l l, frro 6iüt cl Un ffirJ For* fu úttt , ñd ,r, t h -úr &, rünùþ t thdâ, ,rmË ü m ol h tl tiå¡þ¡, l¡trhr nn ü¡|tlr { *î ¿ eh* (ãmd) frffi*lnrrd I¡ ånç* fid mrlht Utqfrt ¡t åd.tr Ak þb 12 d t].ffit æ LoÐ t dtr **r * ¿clîæ r'åG m:tlreÍæfiitærtltn #rifrf t fr æ*t t rrr'uttrr n h # ff 't" åF ,/& nm h frí rryrrtl VrzlËt h M frÛ d ry æ* âlffi ,n rn t at t cltt I ffi tC, lbl¡Jt ?mr æs n ] æ ]t Ðtrytnrrt gll Hrtùca m,süæßrry-ñllÈtrî. tıaffiúrxrÍftlrrÐllnl¡- N tnçurd h N tmr# glrnn h M t{n d FW rlt. ÉTtffit Iú t üü *.*cfüt tt, lorlirfp" î 5ait* fhqp ü mllttnffiådar&dlffi* üffi.ffüt C ttnt/r,a N uar*tç¡ ülrd¡r¡tt ç ürr rnffi rlrlrîþl þ tlt ¡n¡fc*¡lol ffit¡* ttuir.t* mrd h &tlttl tr¡,utü h &t¡lr #, dw tür, tut#t, tuç ü m ú nn N¡ m*l ,n¡tul Glenn Hartmann From: Sent: To: Subject: Attachments: Scott Fetzer <fetzerco@gmail.com > Thursday, October 25,20L8 4:35 PM Glenn Haftmann Re: Aspen Glen Lot G-1- Completeness Letter Letter to Garfield CountY .Pdf To who, it may concern. All work that was done on the Minerals Rights were done at the County Assessors Office. Scott Fetzer 102 Leonis Lane Carbondale, Colorado 81623 Office 970 510 5288 On Oct 11,2018, at 10:39 AM, Glenn Hartmann <ghartmann@garfield-county.com> wrote: Hi Scott: Attached is the completeness letter which outlines additional information needed to process your application. The topics are all pretty straightforward, so hopefully they are easy to address. A copy 1