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HomeMy WebLinkAbout1.00 General Application Materials_Part1Elias RLDE Application-Table of Contents Section One: General Application Materials Part A -Signed Application Form -Signed Payment Agreement and Application Fees Section Two: GeneralApplication Materials Part B -Proof of Ownership (Quitclaim Deed and Commitment) -List of Neighbors and Map of and Their surrounding Properties -Narrative Describing Request for RLDE -Mineral Rights OwnershiP Section Three: Application Supporting Documents A -Pre-Application Summa rY -Vicinity Map -Open Space Plan -Codes, Covena nts, a nd Restrictions Section Four: Application Supporting Documents B -waiver Requests for Grading and Drainage Plans, lmpact Analysis, lmprovements Agreement, and Traffic Study -Preliminary Water and Supply Distribution Plan -Preliminary Wastewater Management Plan -Preliminary Engineering Section Five: Application Supporting Documents C -compliance with standards contained in Article 7, Divisions L-4 Section Six: Supplemental Materials -Soils Reports (HP Geotech and Kumar and Associates) -Pump lnstallation and Test Report -Well Construction and Test Report -Well Permit -Garfield County lndividual Sewage Disposal Permit -Mountain Springs Ranch HOA Covenants, First and Second Amendments to the Covenants -Photos of Wildlife on the Property s".tion s"ven. Appl¡cation supporting Documents D (Documents Not in the Binderì -site Plan (showing open space) prepared by True North colorado, LLC -Final Plan and Plat prepared by True North Colorado, LLC Elias RLDE Application Names and Mailing Addresses of properties within 200 feet of the subject property Tim and Jeanie Lucas PO Box 481 Glenwood Springs, CO 81601 Tim O’Sullivan 2703 S. Brown’s Lake Drive Burlington, WI 53105 Megan Chance 501 10th Street Glenwood Springs, CO 81601 Justyn McGrigor 3699 Valley View Road Glenwood Springs, CO 81601 Robert and Aimee Agnew 586 Hy Vu Drive Evergreen CO 80439 Michael Freeman and Carrie Clark 4630 Mountain Springs Road Glenwood Springs, CO 81601 Ralph David Delaney 10203 Haystack Road Glenwood Springs, CO 81601 Land Title Guarantee Company Customer Distribution PREVENT FRAUD - Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. Order Number: GTF63014555-2 Date: 03/06/2020 Property Address: 352 SADDLE RD, GLENWOOD SPRINGS, CO 81601 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS Buyer/Borrower PATRICIA JOAN ELIAS Delivered via: Delivered by Lender Loan Processor ALPINE BANK EAGLE Attention: MELISSA STEPHENS 0205 E CHAMBERS AVE PO BOX 70 EAGLE, CO 81631 (970) 328-1666 (Work) (970) 328- 7210 (Work Fax) melissastephens@alpinebank.com Delivered via: Electronic Mail Lender - New Loan ALPINE BANK GLENWOOD Attention: DEAN KINKEL PO BOX 10000 2200 GRAND AVE GLENWOOD SPRINGS, CO 81602 (970) 384-3218 (Work) (970) 945-2296 (Work Fax) deankinkel@alpinebank.com Delivered via: Electronic Mail Land Title Guarantee Company Estimate of Title Fees Order Number: GTF63014555-2 Date: 03/06/2020 Property Address: 352 SADDLE RD, GLENWOOD SPRINGS, CO 81601 Parties: PATRICIA JOAN ELIAS AND SEAN ELIAS Visit Land Title's Website at www.ltgc.com for directions to any of our offices. Estimate of Title insurance Fees "ALTA" Loan Policy 06-17-06 Bundled rate includes all applicable endorsements and one tax $900.00 certificate Endorsement 100-06 $0.00 Endorsement ALTA 8.1-06 $0.00 Endorsement ALTA 5.1-06 $0.00 Tax Certificate $0.00 Total $900.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! 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 06/28/2007 under reception no. 726829 at book 1943 page 504 Garfield county recorded 08/16/2007 under reception no. 730937 Garfield county recorded 08/15/2013 under reception no. 839353 Garfield county recorded 08/26/2013 under reception no. 839845 Garfield county recorded 03/14/2018 under reception no. 904272 Customer Ref-Loan No.: 411200103103 Property Address: 352 SADDLE RD, GLENWOOD SPRINGS, CO 81601 1. Effective Date: 02/14/2020 at 5:00 P.M. 2. Policy to be Issued and Proposed Insured: "ALTA" Loan Policy 06-17-06 Bundled rate includes all applicable $320,000.00 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:GTF63014555-2 endorsements and one tax certificate Proposed Insured: ALPINE BANK, 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: PATRICIA JOAN ELIAS AND SEAN ELIAS 5. The Land referred to in this Commitment is described as follows: A TRACT OF LAND SITUATE IN THE E1/2SE1/4 OF SECTION 19 AND SW1/4 OF SECTION 20, ALL IN TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE 6TH P.M. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF A ROAD AS BUILT AND IN PLACE, WHENCE THE SOUTHWEST CORNER OF SAID SECTION 20 BEARS S20°31'40"W 104.25 FEET; THENCE ALONG SAID CENTERLINE OF A ROAD AS BUILT AND IN PLACE THE FOLLOWING COURSES: N27°25'29"W 173.55 FEET; THENCE 39.94 FEET ALONG THE ARC OF A 188.00 FOOT RADIUS CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 12°10'23" AND SUBTENDING A CHORD BEARING N33°30'40"W 39.87 FEET; THENCE N39°35'52"W 147.79 FEET; THENCE 46.85 FEET ALONG THE ARC OF A 143.00 FOOT RADIUS CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 18°46'20" AND SUBTENDING A CHORD BEARING N30°12'42"W 46.64 FEET; THENCE N20°49'32"W 75.29 FEET; THENCE 39.93 FEET ALONG THE ARC OF A 275.00 FOOT RADIUS CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 08°19'11" AND SUBTENDING A CHORD BEARING N24°59'07"W 39.90 FEET; THENCE N29°08'43"W 202.54 FEET; THENCE 25.78 FEET ALONG THE ARC OF A 113.00 FOOT RADIUS CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 13°04'22" AND SUBTENDING A CHORD BEARING N35°40'54"W 25.73 FEET TO A POINT ON CENTERLINE OF ANOTHER ROAD AS BUILT AND IN PLACE; THENCE ALONG SAID OTHER ROAD CENTERLINE THE FOLLOWING COURSES: N05°05'14"W 22.66 FEET; THENCE 42.12 FEET ALONG THE ARC OF A 70.00 FOOT RADIUS CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 34°28'28" AND SUBTENDING A CHORD BEARING N22°19'28"W 41.48 FEET; THENCE N39°33'42"W 107.14 FEET; THENCE 73.22 FEET ALONG THE ARC OF A 205.00 FOOT RADIUS CURVE TO THE LEFT, HAVING A ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:GTF63014555-2 CENTRAL ANGLE OF 20°27'53" AND SUBTENDING A CHORD BEARING N49°47'38"W 72.83 FEET; THENCE N60°01'35"W 84.04 FEET; THENCE 391.69 FEET ALONG THE ARC OF A 575.00 FOOT RADIUS CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 39°01'47" AND SUBTENDING A CHORD BEARING OF N40°30'41"W 384.16 FEET; THENCE LEAVING SAID OTHER ROAD CENTERLINE AS BUILT AND IN PLACE ON A COURSE BEARING S71°49'18"W 513.53 FEET TO A POINT ON THE WEST LINE OF SAID E1/2SE1/4 OF SECTION 19; THENCE ALONG SAID WEST LINE OF THE E1/2SE1/4 OF SECTION 19 ON A COURSE BEARING N00°18'06"E 670.24 FEET; THENCE S89°41'54"E 152.30 FEET TO A POINT ON SAID OTHER ROAD CENTERLINE; THENCE ALONG SAID OTHER ROAD CENTERLINE THE FOLLOWING COURSES: FROM A TANGENT BEARING N48°14'25"W, NORTHEASTERLY 133.41 FEET ALONG THE ARC OF A 45.00 FOOT RADIUS CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 169°51'30" AND SUBTENDING A CHORD BEARING N36°41'20"E 89.65 FEET; THENCE S58°22'33"E 161.95 FEET; THENCE 412.03 FEET ALONG THE ARC OF A 635.00 FOOT RADIUS CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 37°10'38" AND SUBTENDING A CHORD BEARING S76°58'14"E 404.84 FEET; THENCE N84°26'27"E 133.07 FEET; THENCE 90.63 FEET ALONG THE ARC OF A 380.00 FOOT RADIUS CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 13°39'53" AND SUBTENDING A CHORD BEARING N77°36'30"E 90.41 FEET; THENCE N70°46'34"E 22.64 FEET; THENCE 144.48 FEET ALONG THE ARC OF A 285.00 FOOT RADIUS CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 29°02'49" AND SUBTENDING A CHORD BEARING N85°17'58"E 142.94 FEET; THENCE S80°10'37"E 77.02 FEET; THENCE 54.69 FEET ALONG THE ARC OF A 285.00 FOOT RADIUS CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 10°59'41" AND SUBTENDING A CHORD BEARING S85°40'27"E 54.61 FEET; THENCE N88°49'42"E 15.49 FEET; THENCE 93.34 FEET ALONG THE ARC OF A 285.00 FOOT RADIUS CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 18°45'56" AND SUBTENDING A CHORD BEARING S81°47'20"E 92.93 FEET; THENCE S72°24'22"E 197.09 FEET; THENCE 170.42 FEET ALONG THE ARC OF A 285.00 FOOT RADIUS CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 34°15'38" AND SUBTENDING A CHORD BEARING S89°32'11"E 167.89 FEET; THENCE LEAVING SAID OTHER ROAD CENTERLINE ON A COURSE BEARING S06°19'13"E 1274.98 FEET TO THE NORTHERLY BOUNDARY LINE OF THE THAT CERTAIN TRACT OF LAND CONVEYED TO HUBBARD & CO. BY DOCUMENT NO. 307001 IN BOOK 554 AT PAGE 869; THENCE S63°12'12"W 595.41 FEET ALONG THE NORTHERLY LINE OF SAID HUBBARD & CO. TRACT TO THE POINT OF BEGINNING. EXCEPTING THEREFROM: ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:GTF63014555-2 A PARCEL OF LAND SITUATE IN THE SOUTHWEST QUARTER (SW1/4) OF SECTION 20, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE 6TH P.M. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE SOUTHWEST CORNER OF SAID SECTION 20 BEARS S56°04'38"W 569.70 FEET; THENCE N06°19'13"W 1359.75 FEET TO A POINT ON THE CENTERLINE OF A ROAD AS CONSTRUCTED AND IN PLACE; THENCE ALONG SAID ROAD CENTERLINE THE FOLLOWING TWO COURSES: (1) S72°24'22"E 3.59 FEET; THENCE (2) SOUTHEASTERLY 170.42 FEET ALONG THE ARC OF A 285.00 FOOT RADIUS CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 34°15'38" AND SUBTENDING A CHORD BEARING S89°32'11"E 167.89 FEET; THENCE S06°19'13"E 1274.98 FEET; THENCE S63°12'12"W 181.46 FEET TO THE POINT OF BEGINNING. ALSO KNOWN AS LOT 16 MOUNTAIN SPRINGS RANCH COUNTY OF GARFIELD STATE OF COLORADO Copyright 2006-2022 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. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: GTF63014555-2 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company 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 MARCH 08, 2018 FROM PATRICIA JOAN ELIAS AND SEAN ELIAS TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF ALPINE BANK, A COLORADO BANKING CORPORATION TO SECURE THE SUM OF $225,000.00 RECORDED MARCH 14, 2018, UNDER RECEPTION NO. 904273. 2. DEED OF TRUST FROM PATRICIA JOAN ELIAS AND SEAN ELIAS TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF ALPINE BANK TO SECURE THE SUM OF $320,000.00. NOTE: ITEMS 1-3 OF THE PRE-PRINTED EXCEPTIONS ARE HEREBY DELETED FROM THE MORTGAGEE'S POLICY. ITEM 4 OF THE PRE-PRINTED EXCEPTIONS WILL BE DELETED UPON RECEIPT OF A SATISFACTORY LIEN AFFIDAVIT. NOTE: ALL PARTIES WILL BE REQUIRED TO SIGN THE LIEN AFFIDAVIT AT CLOSING. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: GTF63014555-2 This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that 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 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. RESERVATIONS AS CONTAINED IN PATENT OF THE UNITED STATES RECORDED APRIL 16, 1937 IN BOOK 172 AT PAGE 592 AT RECEPTION NO. 127549. 9. WARRANTY DEED RECORDED APRIL 9, 1961 IN BOOK 336 AT PAGE 14 AT RECEPTION NO. 214714, ANY AND ALL ASSIGNMENTS OF RECORD, OR OTHERWISE, THEREOF, OR INTERESTS THEREIN. 10. WARRANTY DEED RECORDED NOVEMBER 10, 1965 IN BOOK 371 AT PAGE 74 AT RECEPTION NO. 232282, AND ANY AND ALL ASSIGNMENTS OF RECORD, OR OTHERWISE, THEREOF, OR INTERESTS THEREIN. 11. TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM AGREEMENT RECORDED MARCH 01, 1971 IN BOOK 417 AT PAGE 352 AT RECEPTION NO. 249108. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: GTF63014555-2 12. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN PROTECTIVE COVENANTS FOR MOUNTAIN SPRINGS RANCH RECORDED FEBRUARY 6, 1980 IN BOOK 543 AT PAGE 438 AND AMENDED PROTECTIVE COVENANTS RECORDED JULY 28, 1980 IN BOOK 552 AT PAGE 624 AND SECOND AMENDED PROTECTIVE COVENANTS RECORDED JULY 31, 1980 IN BOOK 552 AT PAGE 959 AND THIRD AMENDED COVENANTS RECORDED JULY 2, 1981 IN BOOK 577 AT PAGE 167 AND DECLARATION OF PROTECTIVE COVENANTS INCORPORATING EXISTING PROTECTIVE COVENANTS OF MOUNTAIN SPRINGS RANCH RECORDED OCTOBER 5, 1993 IN BOOK 877 AT PAGE 653 AS RECEPTION NO. 453356 AND FOURTH AMENDED PROTECTIVE COVENANTS RECORDED JULY 23, 1999 IN BOOK 1141 AT PAGE 626 AS RECEPTION NO. 549314 AND FIFTH AMENDED PROTECTIVE COVENANTS RECORDED JANUARY 8, 2003 IN BOOK 1425 AT PAGE 427 AS RECEPTION NO. 618354 AND SIXTH AMENDED PROTECTIVE COVENANTS RECORDED NOVEMBER 11, 2004 IN BOOK 1836 AT PAGE 102 AS RECEPTION NO. 705323 AND SEVENTH AMENDED PROTECTIVE COVENANTS RECORDED FEBRUARY 21, 2008 AS RECEPTION NO. 751197 AND THE REVISED AND RESTATED PROTECTIVE COVENANTS FOR MOUNTAIN SPRINGS RANCH RECORDED JANUARY 31, 2011 AS RECEPTION NO. 798183 AND FIRST AMENDMENT THERETO RECORDED OCTOBER 26, 2017 AS RECEPTION NO. 899173. 13. MATTERS DISCLOSED IN WARRANTY DEED RECORDED OCTOBER 29, 1980, IN BOOK 558 AT PAGE 807. 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 treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 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 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 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 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. Note: Pursuant to CRS 10-1-11(4)(a)(1), Colorado notaries may remotely notarize real estate deeds and other documents using real-time audio-video communication technology. You may choose not to use remote notarization for any document. 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 as agent 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 your 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 obtain either 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 may share your Personal Information with affiliated contractors or service providers who provide services in the course of our business, but only to the extent necessary for these providers to perform their services and to provide these services to you as may be required by your transaction. 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 assess 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 STATED ABOVE OR 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. Commitment For Title Insurance Issued by Old Republic National Title Insurance Company NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED 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 COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. . COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective 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 specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS (a)“Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b)“Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, 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 insured by the Policy. (c)“Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Companypursuant to this Commitment. (e) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g)“Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h)“Title”: The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: (a)the Notice; (b)the Commitment to Issue Policy; (c)the Commitment Conditions; (d)Schedule A; (e)Schedule B, Part I—Requirements; and (f) Schedule B, Part II—Exceptions; and (g) a counter-signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a)The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: i. comply with the Schedule B, Part I—Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or iii. acquire 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 Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c)The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d)The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment 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 Transaction Identification Data, if any.