HomeMy WebLinkAbout1.00 General Application Materials
May 26, 2023
Garfield County Community Development`
Attn: Philip Berry
108 8th Street, Ste. 401
Glenwood Springs, CO
Re: Grand Hogback Subdivision Exemption Amendment No.1
Dear Philip:
As discussed at our Pre-Application Conference December 12, 2022, Mr. Albert Harris is the owner of Lot
1 and the only user of common well (Permit #258397) for Parcels 1-3, Grand Hogback Subdivision Exemption.
The first well is located ten feet off of Parcel 1 on the 40.458- acre Lot 12-A. It is not performing and it is desired
to utilize a second well (Permit #258397). The second well lies outside of the new Parcel 1A and the Amended
Lot 12-A. Ownership of the two wells has been updated and recorded under R.N. 985044 and the existing
Common Well Covenants have been revised and recorded under R.N. 985045, An easement will be obtained by
separate document and is shown on plat.
A Boundary Line Adjustment (BLA) Affidavit and Exhibits have been prepared and approved. Because
they affect lots in a subdivision, the plat amendment is required. Upon recording of the Plat Amendment, the
County Assessor will file the BLA Affidavit.
Per Section 5-305 of the Garfield Land Use and Development Code the plat amendment 1) does not
increase the number of lots, 2) does not result in a major relocation of a road or add any new roads and 3) there
are no corrections for technical errors such as surveying or drafting errors.
Access, setbacks to existing buildings, existing drainage patterns or flows, utility services, the On-Site
Wastewater Treatment System and any other applicable Subdivision and Article 7 topics are NOT affected by
this plat amendment. No nonconforming conditions exist on Parcel 1.
Because they are not affected by the BLA, we are seeking a waiver for the Additional Submissions under
Section 5-305:
A. Roads, Trails, Walkways and Bikeways
No changes are proposed to the originally permitted driveway and it will
continue to be utilized.
C. Sewage Collection and Water Supply and Distribution System
No changes are proposed to the originally permitted ISDS and it will continue to
be utilized. Second well permit is enclosed as well as the revised Common Well
Covenants and Domestic Water and Well easement.
E. Groundwater Drainage
No changes are proposed to the current drainage patterns and will continue to
be utilized.
H. Preliminary cost estimates for improvements
There are no public improvements planned.
111 E. 3rd Street
Floor 1, Suite 101
Rifle, CO 81650
Phone: 970-625-5426 Fax: 844-269-2759
COMMITMENT TRANSMITTAL
Commitment Ordered By:
Michael Carr
Leverich and Carr Real Estate
555 E. Durant, Ste 5A
Aspen, CO 81611
Phone: 970-925-5400 Fax:
email: mikecarr@aspenreinfo.com
Inquiries should be directed to:
Kari Arneson
Title Company of the Rockies
111 E. 3rd Street
Floor 1, Suite 101
Rifle, CO 81650
Phone: 970-625-5426 Fax: 844-269-2759
email: KArneson@titlecorockies.com
Commitment Number:1206192-C
Buyer's Name(s):Purchaser with contractual rights under a purchaser agreement with the vested owner
identified at item 4 below
Seller's Name(s):Larkspur Land & Cattle Trust UTD 1/07/20
Property:TBD, Slit, CO 81652
24-5-92, Garfield, CO
COPIES / MAILING LIST
Purchaser with contractual rights under a purchaser agreement
with the vested owner identified at item 4 below
Larkspur Land & Cattle Trust UTD 1/07/20
Michael Carr
Leverich and Carr Real Estate
555 E. Durant, Ste 5A
Aspen, CO 81611
Phone: 970-925-5400
email: mikecarr@aspenreinfo.com
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.
Title Company of the Rockies maintains branch operations in Eagle, Garfield, Grand, Lake, Moffat (dba Northwest Title Company), Pitkin, Routt, and Summit Counties along with Front
Range coverage. Closing services are available for all Mountain Communities, throughout the State of Colorado, and on a nationwide basis. Experience the
Experience, www.titlecorockies.com
Page 1 of 1 October 1, 2023
12:59 PM
111 E. 3rd Street
Floor 1, Suite 101
Rifle, CO 81650
Phone: 970-625-5426 Fax: 844-269-2759
www.titlecorockies.com
Commitment Ordered By:
Michael Carr
Leverich and Carr Real Estate
555 E. Durant, Ste 5A
Aspen, CO 81611
Phone: 970-925-5400 Fax:
email: mikecarr@aspenreinfo.com
Inquiries should be directed to:
Kari Arneson
Title Company of the Rockies
111 E. 3rd Street
Floor 1, Suite 101
Rifle, CO 81650
Phone: 970-625-5426 Fax: 844-269-2759
email: KArneson@titlecorockies.com
Commitment Number:1206192-C
Buyer's Name(s):Purchaser with contractual rights under a purchaser agreement with the vested owner identified
at item 4 below
Seller's Name(s):Larkspur Land & Cattle Trust UTD 1/07/20
Property:TBD, Slit, CO 81652
24-5-92, Garfield, CO
TITLE CHARGES
These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums
for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges
related thereto.
If applicable, the designation of “Buyer” and “Seller” shown below may be based on traditional settlement practices in Garfield County,
Colorado, and/or certain terms of any contract, or other information provided with the Application for Title Insurance.
Owner’s Policy Premium:
Loan Policy Premium:
Additional Lender Charge(s):
Additional Other Charge(s):
Tax Certificate:
Total Endorsement Charge(s):
TBD Charge(s):
TOTAL CHARGES:
$0.00
$0.00
$250.00
$250.00
Title Company of the Rockies maintains branch operations in Eagle, Garfield, Grand, Lake, Moffat (dba Northwest Title Company), Pitkin, Routt, and Summit Counties along with Front Range
coverage. Closing services are available for all Mountain Communities, throughout the State of Colorado, and on a nationwide basis. Experience the Experience, www.titlecorockies.com
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
COMMITMENT FOR TITLE INSURANCE
Issued by
as agent for
Westcor Land Title Insurance Company
SCHEDULE A
Reference:Commitment Number: 1206192-C
1.Effective Date: September 19, 2023, 7:00
am
Issue Date: October 01, 2023
2.Policy (or Policies) to be issued:
ALTA® 2021 Owner's Policy Policy Amount:Amount to be Determined
Premium:Amount to be Determined
Proposed Insured:Purchaser with contractual rights under a purchaser agreement with the vested
owner identified at item 4 below
3.The estate or interest in the Land at the Commitment Date is Fee Simple .
4.The Title is, at the Commitment Date, vested in:
Larkspur Land & Cattle Trust UTD 1/07/08
5.The Land is described as follows:
FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE
For Informational Purposes Only - APN: R082676 / 212724400388
Countersigned
Title Company of the Rockies, LLC
By:
Mike Mulligan
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 1206192-C
SCHEDULE A (continued)
LEGAL DESCRIPTION
The Land referred to herein is located in the County of Garfield, State of Colorado, and described as follows:
Parcel 12-A,
GRAND HOGBACK SUBDIVISION EXEMPTION, according to the Plat thereof filed August 15,
2008 as Reception No. 754141, as amended by Exemption Correction Plat recorded March 31, 2010
as Reception No. 784078.
For each policy to be issued as identified in Schedule A, Item 2, the Company shall not be
liable under this commitment until it receives a specific designation of a Proposed Insured,
and has revised this commitment identifying that Proposed Insured by name. As provided in
Commitment Condition 4, the Company may amend this commitment to add, among other
things, additional exceptions or requirements after the designation of the Proposed Insured.
This page is only a part of a 2021 ALTA ® Commitment for Title Insurance issued by Westcor Land Title
Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy;
Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this 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 prohibited.
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 1206192-C
COMMITMENT FOR TITLE INSURANCE
Issued by
Westcor Land Title Insurance Company
SCHEDULE B, PART I
Requirements
The following are the requirements to be compiled with prior to the issuance of said policy or policies.
Any other instrument recorded subsequent to the effective date hereof may appear as an exception under
Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the
office of the clerk and recorded of the county in which said property is located.
All of the following Requirements must be met:
1.The 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.
2.Pay the agreed amount for the estate or interest to be insured.
3.Pay the premiums, fees, and charges for the Policy to the Company.
4.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.
Evidence satisfactory to the Company or its duly authorized agent that all dues and/or5.
assessments levied by the Homeowners Association have been paid through the date of closing.
Statement of Authority for Larkspur Land & Cattle Trust UTD 1/07/20, a ___ trust, evidencing6.
the existence of said trust and the authority of one or more trustees to act on behalf of said trust
and otherwise complying with C.R.S. 38-30-108.5, et. seq.
NOTE: Review Trust Agreement for authority of party(ies) to act on behalf of said trust and
complete the transaction contemplated herein.
NOTE: Please be advised that our search did not disclose any open Deeds of Trust of
This page is only a part of a 2021 ALTA ® Commitment for Title Insurance issued by Westcor Land Title
Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy;
Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this 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 prohibited.
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 1206192-C
record. If you should have knowledge of any outstanding obligation, please contact the Title
Department immediately for further review prior to closing.
Deed from Larkspur Land & Cattle Trust UTD 1/07/08 to Purchaser with contractual rights under7.
a purchaser agreement with the vested owner identified at item 4 below.
NOTE: Duly executed real property transfer declaration, executed by either the Grantor or
Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No.
1288-CRA 39-14-102.
THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF
THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR GARFIELD
COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR
DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES,
AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY,
AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO
THE COMPANY.
NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND
UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL
BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR
NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES
UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND
SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF
INSURANCE.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title
Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy;
Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this 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 prohibited.
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 1206192-C
SCHEDULE B, PART II
Exceptions
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable
by law. This Commitment and the Policy treat any Discriminatory Covenant in a document
referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed,
and not republished or recirculated. Only the remaining provisions of the document will be
excepted from coverage.
The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or
easement identified in Schedule A, and will include the following Exceptions unless cleared to the
satisfaction of the Company:
Any facts, right, interests, or claims which are not shown by the Public Records but which could1.
be ascertained by an inspection of said Land or by making inquiry of persons in possession
thereof.
Easements or claims of easements, not shown by the Public Records.2.
Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the3.
Title that would be disclosed by an accurate and complete land survey of the Land.
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.
Reservations and exceptions contained in U.S. Patents, or in Acts authorizing issuance thereof,7.
recorded June 15, 1890 in Book 12 at Page 59 as Reception No. 10498, and Patent recorded April
03, 1891 in Book 12 at Page 73 as Reception No. 12425, and Patent recorded April 06, 1891 in
Book 12 at Page 74 as Reception No. 12432, and Patent recorded February 23, 1893 in Book 12
at Page 213 as Reception No. 15319, and Patent recorded February 23, 1893 in Book 12 at Page
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title
Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy;
Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this 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 prohibited.
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 1206192-C
15 as Reception No. 15321, and Patent recorded March 12, 1894 in Book 12 at Page 305 as
Reception No.16985, reserving 1) Rights of the proprietor of a vein or lode to extract and remove
his ore therefrom and 2) Rights of way for ditches and canals constructed under the authority of
the United States.
Rights and reservations disclosed in Warranty Deed recorded June 29, 1945 in Book 213 at page8.
435 as Reception No. 154434, and any, and all assignments of recorded, or otherwise, thereof, or
interests therein.
Terms, agreements, provisions, conditions and obligations as contained in Memorandum of Lease9.
recorded May 24, 1984 in Book 627 at Page 873 as Reception No. 342355.
Terms, agreements, provisions, conditions and obligations as contained in Resolution No. 93-06010.
recorded July 13, 1993 in Book 868 at Page 486 as Reception No. 449784, Modification recorded
May 18, 1994 in Book 902 at Page 801 as Reception No. 463311.
Easements granted to US West Communications, Inc. recorded January 13, 1995 in Book 928 at Page 657
as Reception No. 473305 and Book 928 at Page 659 as Reception No. 473306.
Terms, agreements, provisions, conditions and obligations as contained in Consent for Right of11.
Entry for Reclamation Activities, recorded January 31, 1995 in Book 930 at Page 172 as
Reception No. 473908.
Public Service Company of Colorado Easement, recorded March 29, 2005 in Book 1674 at Page12.
96 as Reception No. 671153.
Public Service Company of Colorado Easement, recorded March 29, 2005 in Book 1674 at Page13.
99 as Reception No. 671154.
Public Service Company of Colorado Easement, recorded March 29, 2005 in Book 1674 at Page14.
102 as Reception No. 671155.
Oil and Gas Lease, by and between CB Minerals Company, LLC and Vessels Coal Gas, Inc.,15.
recorded October 16, 2006, in Book 1853 at Page 154 as Reception No. 708993, and any and all
assignments of record, thereof, or interests therein.
Easements, rights of way and all other matters shown on the Grand Hogback Subdivision16.
Exemption, recorded August 15, 2008 as Reception No. 754141, Correction Plat recorded March
31, 2010 as Reception No. 784078.
Terms, agreements, provisions, conditions and obligations as contained in Agreement to17.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title
Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy;
Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this 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 prohibited.
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 1206192-C
Exchange Real Properties and Establish Access Easement, recorded December 12, 2008 as
Reception No. 760082, and re-recorded January 8, 2020 as Reception No. 930415.
Terms, agreements, provisions, conditions and obligations as contained in Affidavit RE:18.
Boundary Line Adjustment, recorded December 12, 2008 as Reception No. 760083.
Matters disclosed in Warranty Deed by and between Grand Hogback, LLC and Farmers Irrigation19.
Company, recorded December 12, 2008 as Reception No. 760084.
Matters disclosed in Bargain and Sale Deed by and between Grand Hogback, LLC and Farmers20.
Irrigation Company, recorded December 12, 2008 as Reception No. 760086.
Terms, agreements, provisions, conditions and obligations as contained in Common Well21.
Covenants, recorded October 07, 2009 as Reception No. 776074.
A permanent non-exclusive access easement as described in Bargain and Sale Deed, recorded October 09,
2009 as Reception No. 776215, Reception No. 776216 and Reception No. 776217.
Perpetual non-exclusive easements as described in Special Warranty Deed recorded May 18,22.
2011 as Reception No. 802740.
Easement and right of way for utility lines purposes, as granted to Public Service Company of23.
Colorado, by instrument recorded May 18, 2017 at Reception No. 892505, said easement being
more particularly described therein.
Public Service Company of Colorado Easement, recorded October 24, 2017 as Reception No.24.
899049.
Terms, agreements, provisions, conditions and obligations as contained in Agreement by and25.
between Silt Water Conservancy District, Farmers Irrigation Company, Larkspur Land & Cattle
Trust UTE 1/7/08 and Tatnall L. Hillman Revocable Trust, recorded January 10, 2020 as
Reception No. 930488.
Terms, agreements, provisions, conditions and obligations as contained in Quitclaim Deed26.
recorded January 10, 2020 as Reception No. 930492
Rights and reservations described in Special Warranty Deed by and between Farmers Irrigation27.
Company and Tatnall L. Hillman Revocable Trust, recorded January 10, 2020 as Reception No.
930493.
Terms, agreements, provisions, conditions and obligations as contained in Boundary Line28.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title
Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy;
Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this 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 prohibited.
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 1206192-C
Adjustment between Farmers Irrigation Company and Tatnall L. Hillman Revocable Trust,
recorded February 19, 2020 as Reception No. 931874.
Terms, agreements, provisions, conditions and obligations as contained in Boundary Line29.
Adjustment recorded March 10, 2020 at Reception No. 932840.
Easements, rights of way and all other matters as shown on the Plat of Boundary Line30.
Adjustment, filed March 10, 2020 at Reception No. 932841.
Terms, agreements, provisions, conditions and obligations as contained in Water Well Ownership31.
Conveyance recorded April 14, 2023 as Reception No. 985044.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title
Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy;
Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this 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 prohibited.
Commitment No: 1206192-C
DISCLOSURE STATEMENTS
Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, 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.” (Gap Protection)
Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's
Policy to be issued hereunder upon compliance with the following conditions:
The Land described in Schedule A of this commitment must be a single-family residence, which1.
includes a condominium or townhouse unit.
No labor or materials may have been furnished by mechanics or materialmen for purpose of2.
construction on the Land described in Schedule A of this Commitment within the past 13
months.
The Company must receive an appropriate affidavit indemnifying the Company against unfiled3.
mechanic's and materialmen's liens.
Any deviation from conditions A though C above is subject to such additional requirements or4.
Information as the Company may deem necessary, or, at its option, the Company may refuse to
delete the exception.
Payment of the premium for said coverage.5.
Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.:
The subject real property may be located in a special taxing district;(i)
A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County(ii)
Treasurer or the County Treasurer's authorized agent; and
Information regarding special districts and the boundaries of such districts may be obtained from(iii)
the County Commissioners, the County Clerk and Recorder, or the County Assessor.
Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to
comply with the disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident
withholding).
Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given:
(a)If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed
from the surface estate then 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 6: Effective September 1, 1997, C.R.S. §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 inch the clerk and recorder may refuse to record or file
any document that does not conform.
Note 7: Our Privacy Policy:
We will not reveal nonpublic personal customer information to any external non-affiliated organization
unless we have been authorized by the customer, or are required by law.
Note 8: Records:
Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and
Page 9
Commitment No: 1206192-C
records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes
for a period of not less than seven (7) years, except as otherwise permitted by law.
Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that “A title entity shall not earn
interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest
is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest
earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure
must be clear and conspicuous, and may be made at any time up to and including closing.”
Be advised that the closing agent will or could charge an Administrative Fee for processing such an
additional services request and any resulting payee will also be subjected to a W-9 or other required tax
documentation for such purpose(s).
Be further advised that, for many transactions, the imposed Administrative Fee associated with such an
additional service may exceed any such interest earned.
Therefore, you may have the right to some of the interest earned over and above the Administrative Fee,
if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned).
Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that “Until a title entity
receives written instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title
entity, it shall comply with the following:
The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them1.
in a fiduciary capacity.
The title entity shall use any funds designated as “earnest money ” for the consummation of the2.
transaction as evidenced by the contract to buy and sell real estate applicable to said transaction,
except as otherwise provided in this section. If the transaction does not close, the title entity
shall:
Release the earnest money funds as directed by written instructions signed by both the buyer(a)
and seller; or
If acceptable written instructions are not received, uncontested funds shall be held by the title(b)
entity for 180 days from the scheduled date of closing, after which the title entity shall return
said funds to the payor.
In the event of any controversy regarding the funds held by the title entity (notwithstanding any3.
termination of the contract), the title entity shall not be required to take any action unless and
until such controversy is resolved. At its option and discretion, the title entity may:
Await any proceeding; or(a)
Interplead all parties and deposit such funds into a court of competent jurisdiction, and(b)
recover court costs and reasonable attorney and legal fees; or
Deliver written notice to the buyer and seller that unless the title entity receives a copy of a(c)
summons and complaint or claim (between buyer and seller), containing the case number of
the lawsuit or lawsuits, within 120 days of the title entity's written notice delivered to the
parties, title entity shall return the funds to the depositing party.”
Page 10
Commitment No: 1206192-C
Title Company of the Rockies
Disclosures
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 Clerkand Recorder will refuse to record or file any document that does not conform to the requirements of this
section. Pursuant to C.R.S. 30-10-406(3)(a).
The company will not issue its policy or policies of title insurance contemplated by this commitment
until it has been provided a Certificate of Taxes due or other equivalent documentation from the CountyTreasurer or the County Treasurer's authorized agent: or until the Proposed Insured has notified or
instructed the company in writing to the contrary. Pursuant to C.R.S. 10-11-122.
No person or entity that provides closing and settlement services for a real estate transaction shalldisburse funds as a part of such services until those funds have been received and are available forimmediate withdrawals as a matter of right. Pursuant to C.R.S. 38-35-125(2).
The Company hereby notifies the proposed buyer in the current transaction that there may be recorded
evidence that the mineral estate, or portion thereof, has been severed, leased, or otherwise conveyed fromthe surface estate. If so, there is a substantial likelihood that a third party holds some or all interest in the
oil, gas, other minerals, or geothermal energy in the subject property. Such mineral estate may include
the right to enter and use the property without the surface owner's permission. Pursuant to C.R.S.
10-11-123.
If this transaction includes a sale of property and the sales price exceeds $100,000.00, the seller mustcomply with the disclosure/withholding requirements of said section. (Nonresident withholding)Pursuant to C.R.S. 39-22-604.5.
Notice is hereby given that: The subject property may be located in a special taxing district. A Certificate
of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County
Treasurer's authorized agent. 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. Pursuant to C.R.S. 10-11-122.
Notice is hereby given that: Pursuant to Colorado Division of Insurance Regulation 8-1-2;
"Gap Protection" -When this Company conducts the closing and is responsible for recording or filing
the legal documents resulting from the transaction, the Company shall be responsible for all matters
which appear on the record prior to such time or recording or filing; and
"Mechanic's Lien Protection" - If you are the buyer of a single family residence, you may request
mechanic's lien coverage to be issued on your policy of Insurance. If the property being purchased
has not been the subject of construction, improvements or repairs in the last six months prior to the
date of this commitment, the requirements will be payment of the appropriate premium and the
completion of an Affidavit and Indemnity by the seller. If the property being purchased was
constructed, improved or repaired within six months prior to the date of this commitment the
requirements may involve disclosure of certain financial information, payment of premiums, and
indemnity, among others. The general requirements stated above are subject to revision and approval
by the Company. Pursuant to C.R.S. 10-11-122.
Notice is hereby given that an ALTA Closing Protection Letter is available, upon request, to certain
parties to the transaction as noted in the title commitment. Pursuant to Colorado Division of Insurance
Regulation 8-1.
Nothing herein contained will be deemed to obligate the Company to provide any of the coverages
referred to herein unless the above conditions are fully satisfied.
Page 11
ALTA COMMITMENT FOR TITLE INSURANCE
issued by
WESTCOR LAND TITLE INSURANCE COMPANY
(ALTA Adopted 07-01-2021)
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, Westcor Land Title Insurance Company, a South Carolina 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 Amount of Insurance 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.
Issued By:
Title Company of the Rockies, LLC
111 E. 3rd Street
Floor 1, Suite 101
Rifle, CO 81650
Phone: 970-625-5426
WESTCOR LAND TITLE INSURANCE
COMPANY
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this 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 prohibited.
Reprinted under license from the American Land Title Association.
COMMITMENT CONDITIONS
DEFINITIONS1.
a.“Discriminatory Covenant ”: Any covenant, condition, restriction, or limitation that is unenforceable under
applicable law because it illegally discriminates against a class of individuals based on personal
characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status,
disability, national origin, or other legally protected class.
b.“Knowledge” or “Known”: Actual knowledge or actual notice, but not constructive notice imparted by the
Public Records.
c.“Land”: The land described in Item 5 of Schedule A and improvements located on that land that by State
law constitute real property. The term “Land” does not include any property beyond that described in
Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane,
right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to
and from the Land is to be insured by the Policy.
d.“Mortgage”: A mortgage, deed of trust, trust deed, security deed, or other real property security instrument,
including one evidenced by electronic means authorized by law.
e.“Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued
or to be issued by the Company pursuant to this Commitment.
f.“Proposed Amount of Insurance ”: Each dollar amount specified in Schedule A as the Proposed Amount of
Insurance of each Policy to be issued pursuant to this Commitment.
g.“Proposed Insured ”: Each person identified in Schedule A as the Proposed Insured of each Policy to be
issued pursuant to this Commitment.
h.“Public Records”: The recording or filing system established under State statutes in effect at the
Commitment Date under which a document must be recorded or filed to impart constructive notice of
matters relating to the Title to a purchaser for value without Knowledge. The term “Public Records ” does
not include any other recording or filing system, including any pertaining to environmental remediation or
protection, planning, permitting, zoning, licensing, building, health, public safety, or national security
matters.
i.“State”: The state or commonwealth of the United States within whose exterior boundaries the Land is
located. The term “State” also includes the District of Columbia, the Commonwealth of Puerto Rico, the
U.S. Virgin Islands, and Guam.
j.“Title”: The estate or interest in the Land identified in Item 3 of 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, this 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 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
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance
Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B,
Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent
that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this 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 prohibited.
Date, any liability of the Company is limited by Commitment Condition 5. The Company is not 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 is not 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 is only liable 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 does not exceed the lesser of the Proposed Insured ’s actual expense incurred in
good faith and described in Commitment Condition 5.a. or the Proposed Amount of Insurance.
e.The Company is not liable for the content of the Transaction Identification Data, if any.
f.The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule
B, Part I—Requirements have been met to the satisfaction of the Company.
g.The Company ’s liability is further limited by the terms and provisions of the Policy to be issued to the
Proposed Insured.
6.LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW
AND CHOICE OF FORUM
a.Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this
Commitment.
b.Any claim must be based in contract under the State law of the State where the Land is located and is
restricted to the terms and provisions of this Commitment. Any litigation or other proceeding brought by the
Proposed Insured against the Company must be filed only in a State or federal court having jurisdiction.
c.This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to
the subject matter of this Commitment and supersedes all prior commitment negotiations, representations,
and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this
Commitment.
d.The deletion or modification of any Schedule B, Part II —Exception does not constitute an agreement or
obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy.
e.Any amendment or endorsement to this Commitment must be in writing and authenticated by a person
authorized by the Company.
f.When the Policy is issued, all liability and obligation under this Commitment will end and the Company ’s
only liability will be under the Policy.
7.IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and
policies. The issuing agent is not the Company ’s agent for closing, settlement, escrow, or any other purpose.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance
Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B,
Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent
that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this 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 prohibited.
8.PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that
the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma
policy is delivered to a Proposed Insured, nor is it a commitment to insure.
9.CLAIMS PROCEDURES
This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the
Proposed Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment
Conditions 5 and 6.
10.CLASS ACTION
ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING
ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY
BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF
OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT
IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR
PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED
PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION.
11.ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is
$2,000,000 or less may be arbitrated at the election of either the Company or the Proposed Insured as the
exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at
http://www.alta.org/arbitration .
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance
Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B,
Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent
that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this 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 prohibited.
Anti-Fraud Statement
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.
This anti-fraud statement is affixed to and made a part of this policy.
111 E. 3rd Street
Floor 1, Suite 101
Rifle, CO 81650
Phone: 970-625-5426 Fax: 844-269-2759
COMMITMENT TRANSMITTAL
Commitment Ordered By:
Seller
Inquiries should be directed to:
Kari Arneson
Title Company of the Rockies
111 E. 3rd Street
Floor 1, Suite 101
Rifle, CO 81650
Phone: 970-625-5426 Fax: 844-269-2759
email: KArneson@titlecorockies.com
Commitment Number:1206198-C
Buyer's Name(s):Purchaser with contractual rights under a purchaser agreement with the vested owner
identified at item 4 below
Seller's Name(s):Albert Harris and Christine Harris
Property:3211 County Road 237, Rifle, CO 81650
Lot 1, Grand Hogback Sub-Div Exemption, Garfield County, Colorado
COPIES / MAILING LIST
Purchaser with contractual rights under a purchaser agreement
with the vested owner identified at item 4 below
Albert Harris and Christine Harris
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.
Title Company of the Rockies maintains branch operations in Eagle, Garfield, Grand, Lake, Moffat (dba Northwest Title Company), Pitkin, Routt, and Summit Counties along with Front
Range coverage. Closing services are available for all Mountain Communities, throughout the State of Colorado, and on a nationwide basis. Experience the
Experience, www.titlecorockies.com
Page 1 of 1 October 10, 2023
5:27 PM
111 E. 3rd Street
Floor 1, Suite 101
Rifle, CO 81650
Phone: 970-625-5426 Fax: 844-269-2759
www.titlecorockies.com
Commitment Ordered By:
Seller
Inquiries should be directed to:
Kari Arneson
Title Company of the Rockies
111 E. 3rd Street
Floor 1, Suite 101
Rifle, CO 81650
Phone: 970-625-5426 Fax: 844-269-2759
email: KArneson@titlecorockies.com
Commitment Number:1206198-C
Buyer's Name(s):Purchaser with contractual rights under a purchaser agreement with the vested owner identified
at item 4 below
Seller's Name(s):Albert Harris and Christine Harris
Property:3211 County Road 237, Rifle, CO 81650
Lot 1, Grand Hogback Sub-Div Exemption, Garfield County, Colorado
TITLE CHARGES
These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums
for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges
related thereto.
If applicable, the designation of “Buyer” and “Seller” shown below may be based on traditional settlement practices in Garfield County,
Colorado, and/or certain terms of any contract, or other information provided with the Application for Title Insurance.
Owner’s Policy Premium:
Loan Policy Premium:
Additional Lender Charge(s):
Additional Other Charge(s):
Tax Certificate:
Total Endorsement Charge(s):
TBD Charge(s):
TOTAL CHARGES:
$25.00
$250.00
$275.00
Title Company of the Rockies maintains branch operations in Eagle, Garfield, Grand, Lake, Moffat (dba Northwest Title Company), Pitkin, Routt, and Summit Counties along with Front Range
coverage. Closing services are available for all Mountain Communities, throughout the State of Colorado, and on a nationwide basis. Experience the Experience, www.titlecorockies.com
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
COMMITMENT FOR TITLE INSURANCE
Issued by
as agent for
Westcor Land Title Insurance Company
SCHEDULE A
Reference:Commitment Number: 1206198-C
1.Effective Date: September 29, 2023, 7:00
am
Issue Date: October 10, 2023
2.Policy (or Policies) to be issued:
ALTA® 2021 Owner's Policy Policy Amount:Amount to be Determined
Premium:Amount to be Determined
Proposed Insured:Purchaser with contractual rights under a purchaser agreement with the vested
owner identified at item 4 below
3.The estate or interest in the Land at the Commitment Date is Fee Simple .
4.The Title is, at the Commitment Date, vested in:
Albert Harris and Christine Harris
5.The Land is described as follows:
FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE
For Informational Purposes Only - APN: R082593 / 212724101001
Countersigned
Title Company of the Rockies, LLC
By:
Mike Mulligan
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 1206198-C
SCHEDULE A (continued)
LEGAL DESCRIPTION
The Land referred to herein is located in the County of Garfield, State of Colorado, and described as follows:
Lot 1,
GRAND HOGBACK SUBDIVISION EXEMPTION, according to the Plat thereof filed March 31, 2010
at Reception No. 784078.
For each policy to be issued as identified in Schedule A, Item 2, the Company shall not be
liable under this commitment until it receives a specific designation of a Proposed Insured,
and has revised this commitment identifying that Proposed Insured by name. As provided in
Commitment Condition 4, the Company may amend this commitment to add, among other
things, additional exceptions or requirements after the designation of the Proposed Insured.
This page is only a part of a 2021 ALTA ® Commitment for Title Insurance issued by Westcor Land Title
Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy;
Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this 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 prohibited.
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 1206198-C
COMMITMENT FOR TITLE INSURANCE
Issued by
Westcor Land Title Insurance Company
SCHEDULE B, PART I
Requirements
The following are the requirements to be compiled with prior to the issuance of said policy or policies.
Any other instrument recorded subsequent to the effective date hereof may appear as an exception under
Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the
office of the clerk and recorded of the county in which said property is located.
All of the following Requirements must be met:
1.The 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.
2.Pay the agreed amount for the estate or interest to be insured.
3.Pay the premiums, fees, and charges for the Policy to the Company.
4.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.
Evidence satisfactory to the Company or its duly authorized agent that all dues and/or5.
assessments levied by the Homeowners Association have been paid through the date of closing.
Release by the Public Trustee of Garfield County of the Deed of Trust from Albert Harris and6.
Christine Harris for the use of Mortgage Electronic Registration Systems, Inc., acting solely as
nominee for Academy Mortgage Corporation, to secure $305,807.00, dated February 1, 2021,
and recorded February 09, 2021 as Reception No. 949980.
Release by the Public Trustee of Garfield County of the Deed of Trust from Albert Harris and7.
Christine Harris for the use of Alpine Bank, to secure $50,000.00, dated October 6, 2022, and
recorded October 13, 2022 as Reception No. 980280.
This page is only a part of a 2021 ALTA ® Commitment for Title Insurance issued by Westcor Land Title
Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy;
Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this 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 prohibited.
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 1206198-C
NOTE: The above Deed of Trust secures a revolving line of credit, as such it must be released in
its entirety and the account closed.
Deed from Albert Harris and Christine Harris to Purchaser with contractual rights under a8.
purchaser agreement with the vested owner identified at item 4 below.
NOTE: Duly executed real property transfer declaration, executed by either the Grantor or
Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No.
1288-CRA 39-14-102.
THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF
THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR GARFIELD
COUNTY, COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR
DISSIMILAR INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES,
AND TO MAKE SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY,
AFTER THE IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO
THE COMPANY.
NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND
UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL
BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR
NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES
UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND
SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF
INSURANCE.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title
Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy;
Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this 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 prohibited.
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 1206198-C
SCHEDULE B, PART II
Exceptions
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable
by law. This Commitment and the Policy treat any Discriminatory Covenant in a document
referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed,
and not republished or recirculated. Only the remaining provisions of the document will be
excepted from coverage.
The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or
easement identified in Schedule A, and will include the following Exceptions unless cleared to the
satisfaction of the Company:
Any facts, right, interests, or claims which are not shown by the Public Records but which could1.
be ascertained by an inspection of said Land or by making inquiry of persons in possession
thereof.
Easements or claims of easements, not shown by the Public Records.2.
Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the3.
Title that would be disclosed by an accurate and complete land survey of the Land.
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.
Right or the proprietor of a vein or lode to extract and remove his ore therefrom, should the same7.
be found to penetrate or intersect the premises hereby granted, as reserved in United States
Patents recorded June 15, 1890 in Book 12 at Page 59; April 03, 1891 in Book 12 at Page 73;
April 06, 1891 in Book 12 at Page 74; February 23, 1893 in Book 12 at Page 213; February 23,
1893 in Book 12 at Page 215; and March 12, 1894 in Book 12 at Page 305.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title
Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy;
Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this 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 prohibited.
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 1206198-C
Right of way for ditches or canals constructed by the authority of the United States, as reserved in8.
United States Patents recorded June 15, 1890 in Book 12 at Page 59; April 03, 1891 in Book 12
at Page 73; April 03, 1891 in Book 12 at Page 74; February 23, 1893 in Book 12 at Page 213;
February 23, 1893 in Book 12 at Page 215; and March 12, 1894 in Book 12 at Page 305.
Rights and reservations disclosed in Warranty Deed recorded June 29, 1945 in Book 213 at Page9.
435, and any, and all assignments of record, or otherwise, thereof, or interests therein.
Terms, agreements, provisions, conditions and obligations as contained in Memorandum of Lease10.
recorded May 24, 1984 in Book 627 at Page 873
Terms, agreements, provisions, conditions and obligations as contained in Resolution No. 93-06011.
recorded July 13, 1993 in Book 868 at Page 486, Modification recorded May 18, 1994 as
reception No. 463311.
Easement granted to US West Communications, Inc. recorded January 13, 1995 as Reception No.12.
473305.
Terms, agreements, provisions, conditions and obligations as contained in Consent for Right of13.
Entry for Reclamation Activities, recorded January 31, 1995 as Reception No. 473908.
Terms, agreements, provisions, conditions and obligations as contained in Notice of Lease14.
recorded August 6, 2001 as Reception No. 585717.
Easements and rights of way for utility lines and related appurtenances, as granted to Public15.
Service Company of Colorado, by instruments recorded March 29, 2005 as Reception No.
671153, Reception No. 671154, and Reception No. 671155, and May 18, 2017 as Reception No.
892503, said easements being more particularly described therein.
Oil and Gas Lease recorded October 16, 2006 as Reception No. 708993, and any and all16.
assignments of record, or otherwise, thereof, or interests therein, and other Oil and Gas Leases of
record, and any and all assignments of record, or otherwise, thereof, or interests therein.
Easements, rights of way and all other matters as shown on the Plat of Grand Hogback17.
Subdivision Exemption recorded August 15, 2008 as Reception No. 754141.
Terms, agreements, provisions, conditions and obligations as contained in Agreement to18.
Exchange Real Properties and Establish Access Easement, recorded December 12, 2008 as
Reception No. 760082.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title
Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy;
Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this 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 prohibited.
American Land Title Association Commitment for Title Insurance
2021 v.01.00 (07-01-2021)
Commitment No: 1206198-C
Terms, agreements, provisions, conditions and obligations as contained in Affidavit RE:19.
Boundary Line Adjustment recorded December 12, 2008 as Reception No. 760083.
Terms, agreements, provisions, conditions and obligations as contained in Warranty Deed20.
recorded December 12, 2008 as Reception No. 760084.
Terms, agreements, provisions, conditions and obligations as contained in Bargain and Sale Deed21.
recorded December 12, 2008 as Reception No. 760086.
Terms, agreements, provisions, conditions and obligations as contained in Common Well22.
Covenants recorded October 07, 2009 at Reception No. 776074.
NOTE: Water Well Ownership Conveyance recorded April 14, 2023 as Reception No. 985044.
Terms, agreements, provisions, conditions and obligations as contained in Warranty Deed23.
recorded October 16, 2009 at Reception No. 776476.
Easements, rights of way and all other matters as shown on the Plat of Grand Hogback24.
Subdivision Exemption Correction Plat, filed March 31, 2010 at Reception No. 784078.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title
Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy;
Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this 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 prohibited.
Commitment No: 1206198-C
DISCLOSURE STATEMENTS
Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, 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.” (Gap Protection)
Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's
Policy to be issued hereunder upon compliance with the following conditions:
The Land described in Schedule A of this commitment must be a single-family residence, which1.
includes a condominium or townhouse unit.
No labor or materials may have been furnished by mechanics or materialmen for purpose of2.
construction on the Land described in Schedule A of this Commitment within the past 13
months.
The Company must receive an appropriate affidavit indemnifying the Company against unfiled3.
mechanic's and materialmen's liens.
Any deviation from conditions A though C above is subject to such additional requirements or4.
Information as the Company may deem necessary, or, at its option, the Company may refuse to
delete the exception.
Payment of the premium for said coverage.5.
Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.:
The subject real property may be located in a special taxing district;(i)
A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County(ii)
Treasurer or the County Treasurer's authorized agent; and
Information regarding special districts and the boundaries of such districts may be obtained from(iii)
the County Commissioners, the County Clerk and Recorder, or the County Assessor.
Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to
comply with the disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident
withholding).
Note 5: Pursuant to C.R.S. §10-11-123 Notice is hereby given:
(a)If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed
from the surface estate then 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 6: Effective September 1, 1997, C.R.S. §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 inch the clerk and recorder may refuse to record or file
any document that does not conform.
Note 7: Our Privacy Policy:
We will not reveal nonpublic personal customer information to any external non-affiliated organization
unless we have been authorized by the customer, or are required by law.
Note 8: Records:
Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and
Page 8
Commitment No: 1206198-C
records sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes
for a period of not less than seven (7) years, except as otherwise permitted by law.
Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that “A title entity shall not earn
interest on fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest
is or has been earned. Said disclosure must offer the opportunity to receive payment of any interest
earned on such funds beyond any administrative fees as may be on file with the division. Said disclosure
must be clear and conspicuous, and may be made at any time up to and including closing.”
Be advised that the closing agent will or could charge an Administrative Fee for processing such an
additional services request and any resulting payee will also be subjected to a W-9 or other required tax
documentation for such purpose(s).
Be further advised that, for many transactions, the imposed Administrative Fee associated with such an
additional service may exceed any such interest earned.
Therefore, you may have the right to some of the interest earned over and above the Administrative Fee,
if applicable (e.g., any money over any administrative fees involved in figuring the amounts earned).
Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that “Until a title entity
receives written instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title
entity, it shall comply with the following:
The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them1.
in a fiduciary capacity.
The title entity shall use any funds designated as “earnest money ” for the consummation of the2.
transaction as evidenced by the contract to buy and sell real estate applicable to said transaction,
except as otherwise provided in this section. If the transaction does not close, the title entity
shall:
Release the earnest money funds as directed by written instructions signed by both the buyer(a)
and seller; or
If acceptable written instructions are not received, uncontested funds shall be held by the title(b)
entity for 180 days from the scheduled date of closing, after which the title entity shall return
said funds to the payor.
In the event of any controversy regarding the funds held by the title entity (notwithstanding any3.
termination of the contract), the title entity shall not be required to take any action unless and
until such controversy is resolved. At its option and discretion, the title entity may:
Await any proceeding; or(a)
Interplead all parties and deposit such funds into a court of competent jurisdiction, and(b)
recover court costs and reasonable attorney and legal fees; or
Deliver written notice to the buyer and seller that unless the title entity receives a copy of a(c)
summons and complaint or claim (between buyer and seller), containing the case number of
the lawsuit or lawsuits, within 120 days of the title entity's written notice delivered to the
parties, title entity shall return the funds to the depositing party.”
Page 9
Commitment No: 1206198-C
Title Company of the Rockies
Disclosures
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 Clerkand Recorder will refuse to record or file any document that does not conform to the requirements of this
section. Pursuant to C.R.S. 30-10-406(3)(a).
The company will not issue its policy or policies of title insurance contemplated by this commitment
until it has been provided a Certificate of Taxes due or other equivalent documentation from the CountyTreasurer or the County Treasurer's authorized agent: or until the Proposed Insured has notified or
instructed the company in writing to the contrary. Pursuant to C.R.S. 10-11-122.
No person or entity that provides closing and settlement services for a real estate transaction shalldisburse funds as a part of such services until those funds have been received and are available forimmediate withdrawals as a matter of right. Pursuant to C.R.S. 38-35-125(2).
The Company hereby notifies the proposed buyer in the current transaction that there may be recorded
evidence that the mineral estate, or portion thereof, has been severed, leased, or otherwise conveyed fromthe surface estate. If so, there is a substantial likelihood that a third party holds some or all interest in the
oil, gas, other minerals, or geothermal energy in the subject property. Such mineral estate may include
the right to enter and use the property without the surface owner's permission. Pursuant to C.R.S.
10-11-123.
If this transaction includes a sale of property and the sales price exceeds $100,000.00, the seller mustcomply with the disclosure/withholding requirements of said section. (Nonresident withholding)Pursuant to C.R.S. 39-22-604.5.
Notice is hereby given that: The subject property may be located in a special taxing district. A Certificate
of Taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County
Treasurer's authorized agent. 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. Pursuant to C.R.S. 10-11-122.
Notice is hereby given that: Pursuant to Colorado Division of Insurance Regulation 8-1-2;
"Gap Protection" -When this Company conducts the closing and is responsible for recording or filing
the legal documents resulting from the transaction, the Company shall be responsible for all matters
which appear on the record prior to such time or recording or filing; and
"Mechanic's Lien Protection" - If you are the buyer of a single family residence, you may request
mechanic's lien coverage to be issued on your policy of Insurance. If the property being purchased
has not been the subject of construction, improvements or repairs in the last six months prior to the
date of this commitment, the requirements will be payment of the appropriate premium and the
completion of an Affidavit and Indemnity by the seller. If the property being purchased was
constructed, improved or repaired within six months prior to the date of this commitment the
requirements may involve disclosure of certain financial information, payment of premiums, and
indemnity, among others. The general requirements stated above are subject to revision and approval
by the Company. Pursuant to C.R.S. 10-11-122.
Notice is hereby given that an ALTA Closing Protection Letter is available, upon request, to certain
parties to the transaction as noted in the title commitment. Pursuant to Colorado Division of Insurance
Regulation 8-1.
Nothing herein contained will be deemed to obligate the Company to provide any of the coverages
referred to herein unless the above conditions are fully satisfied.
Page 10
ALTA COMMITMENT FOR TITLE INSURANCE
issued by
WESTCOR LAND TITLE INSURANCE COMPANY
(ALTA Adopted 07-01-2021)
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, Westcor Land Title Insurance Company, a South Carolina 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 Amount of Insurance 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.
Issued By:
Title Company of the Rockies, LLC
111 E. 3rd Street
Floor 1, Suite 101
Rifle, CO 81650
Phone: 970-625-5426
WESTCOR LAND TITLE INSURANCE
COMPANY
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B, Part I-Requirements; and Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this 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 prohibited.
Reprinted under license from the American Land Title Association.
COMMITMENT CONDITIONS
DEFINITIONS1.
a.“Discriminatory Covenant ”: Any covenant, condition, restriction, or limitation that is unenforceable under
applicable law because it illegally discriminates against a class of individuals based on personal
characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status,
disability, national origin, or other legally protected class.
b.“Knowledge” or “Known”: Actual knowledge or actual notice, but not constructive notice imparted by the
Public Records.
c.“Land”: The land described in Item 5 of Schedule A and improvements located on that land that by State
law constitute real property. The term “Land” does not include any property beyond that described in
Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane,
right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to
and from the Land is to be insured by the Policy.
d.“Mortgage”: A mortgage, deed of trust, trust deed, security deed, or other real property security instrument,
including one evidenced by electronic means authorized by law.
e.“Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued
or to be issued by the Company pursuant to this Commitment.
f.“Proposed Amount of Insurance ”: Each dollar amount specified in Schedule A as the Proposed Amount of
Insurance of each Policy to be issued pursuant to this Commitment.
g.“Proposed Insured ”: Each person identified in Schedule A as the Proposed Insured of each Policy to be
issued pursuant to this Commitment.
h.“Public Records”: The recording or filing system established under State statutes in effect at the
Commitment Date under which a document must be recorded or filed to impart constructive notice of
matters relating to the Title to a purchaser for value without Knowledge. The term “Public Records ” does
not include any other recording or filing system, including any pertaining to environmental remediation or
protection, planning, permitting, zoning, licensing, building, health, public safety, or national security
matters.
i.“State”: The state or commonwealth of the United States within whose exterior boundaries the Land is
located. The term “State” also includes the District of Columbia, the Commonwealth of Puerto Rico, the
U.S. Virgin Islands, and Guam.
j.“Title”: The estate or interest in the Land identified in Item 3 of 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, this 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 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
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance
Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B,
Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent
that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this 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 prohibited.
Date, any liability of the Company is limited by Commitment Condition 5. The Company is not 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 is not 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 is only liable 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 does not exceed the lesser of the Proposed Insured ’s actual expense incurred in
good faith and described in Commitment Condition 5.a. or the Proposed Amount of Insurance.
e.The Company is not liable for the content of the Transaction Identification Data, if any.
f.The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule
B, Part I—Requirements have been met to the satisfaction of the Company.
g.The Company ’s liability is further limited by the terms and provisions of the Policy to be issued to the
Proposed Insured.
6.LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW
AND CHOICE OF FORUM
a.Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this
Commitment.
b.Any claim must be based in contract under the State law of the State where the Land is located and is
restricted to the terms and provisions of this Commitment. Any litigation or other proceeding brought by the
Proposed Insured against the Company must be filed only in a State or federal court having jurisdiction.
c.This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to
the subject matter of this Commitment and supersedes all prior commitment negotiations, representations,
and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this
Commitment.
d.The deletion or modification of any Schedule B, Part II —Exception does not constitute an agreement or
obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy.
e.Any amendment or endorsement to this Commitment must be in writing and authenticated by a person
authorized by the Company.
f.When the Policy is issued, all liability and obligation under this Commitment will end and the Company ’s
only liability will be under the Policy.
7.IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and
policies. The issuing agent is not the Company ’s agent for closing, settlement, escrow, or any other purpose.
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance
Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B,
Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent
that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this 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 prohibited.
8.PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that
the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma
policy is delivered to a Proposed Insured, nor is it a commitment to insure.
9.CLAIMS PROCEDURES
This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the
Proposed Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment
Conditions 5 and 6.
10.CLASS ACTION
ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING
ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY
BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF
OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT
IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR
PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED
PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION.
11.ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is
$2,000,000 or less may be arbitrated at the election of either the Company or the Proposed Insured as the
exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at
http://www.alta.org/arbitration .
This page is only a part of a 2021 ALTA Commitment for Title Insurance issued by Westcor Land Title Insurance
Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; Schedule A; Schedule B,
Part I-Requirements; and Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent
that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this 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 prohibited.
Anti-Fraud Statement
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.
This anti-fraud statement is affixed to and made a part of this policy.