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HomeMy WebLinkAbout2.0 Supplemental ApplicationTITLE COMPANY of the rockies 1620 Grand Avenue Bldg Main Floor 1 Glenwood Springs, CO 81601 Phone: 970-945-1169 Fax: 844-269-2759 www.titlecorockies.com Commitment Ordered By: Inquiries should be directed to: Nevada Hunter Title Company of the Rockies 1620 Grand Avenue Bldg Main Floor 1 Glenwood Springs, CO 81601 Phone: 970-945-1169 Fax: 844-269-2759 email: NHunter@titlecorockies.com Commitment Number: Buyer's Name(s): Seller's Name(s): 0602628 - C3 George T. Pucak and Carol J. Pucak BAR W, LLC, a Colorado limited liability company Property: 480 Stagecoach Lane, Carbondale, CO 81601 Subdivision: ROARING FK RNC PH 5 AMD L11&12 Lot: 12, 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 "Sellef' 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): $300.00 $0.00 $25.00 $75.00 TOTAL CHARGES: $400.00 Service Beyond Expectation in Colorado for: Eagle, Garfield, Grand, Pitkin and Summit Counties. (Limited Coverage: Jackson, Lake, Park and Routt Counties) Locations In: Avon/Beaver Creek, Basalt, Breckenridge, Grand Lake and Winter Park (Closing Services available in Aspen and Glenwood Springs). WESTCOR LAND TITLE INSURANCE COMPANY ALTA Commitment For Title Insurance (Adopted 06-17-06) (Revised 08-01-2016) COMMITMENT FOR TITLE INSURANCE ISSUED BY WESTCOR LAND 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, 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 Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I -Requirements have not been met within six (6) months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed and by these presents to be signed in facsimile under authority of its by-laws, effective as of the date of Commitment shown in Schedule A. Issued By: TITLE COMPANY of the rockies The Title Company of the Rockies 1620 Grand Avenue Bldg Main, Floor 1 Glenwood Springs, CO 81601 Phone: 970-945-1169 WESTCOR LAND TITLE INSURANCE COMPANY By: . 9,,2- Attest: Aizcvw 6 PatAKAA CM -2 (ALTA Commitment for Title Insurance (6-17-06) (WLTIC Edition (9/26/07) CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledgeto the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitmentaccordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< http://www. alta.orgh. Westcor Land Title Insurance Company Joint Notice of Privacy Policy of Westcor Land Title Insurance Company and The Title Company of the Rockies Westcor Land Title Insurance Company ("WLTIC") and The Title Company of the Rockies value their customers and are committed to protecting the privacy of personal information. In keeping with that philosophy, we each have developed a Privacy Policy, set out below, that will endure the continued protection of your nonpublic personal information and inform you about the measures WLTIC and The Title Company of the Rockies take to safeguard that information. This notice is issued jointly as a means of paperwork reduction and is not intended to create a joint privacy policy. Each company's privacy policy is separately instituted, executed, and maintained. Who is Covered We provide our Privacy Policy to each customer when they purchase a WLTIC title insurance policy. Generally, this means that the Privacy Policy is provided to the customer at the closing of the real estate transaction. Information Collected In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic personal information directly from the customer, from customer -related transactions, or from third parties such as our title insurance agent, lenders, appraisers, surveyors and other similar entities. Access to Information Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform their jobs. These employees include, but are not limited to, those in departments such as closing, legal, underwriting, claims and administration and accounting. Information Sharing Generally, neither WLTIC nor The Title Company of the Rockies shares nonpublic personal information that it collects with anyone other than those individuals necessary needed to complete the real estate settlement services and issue its title insurance policy as requested by the consumer. WLTIC or The Title Company of the Rockies may share nonpublic personal information as permitted by law with entities with whom WLTIC or The Title Company of the Rockies has a joint marketing agreement. Entities with whom WLTIC or The Title Company of the Rockies have a joint marketing agreement have agreed to protect the privacy of our customer's nonpublic personal information by utilizing similar precautions and security measures as WLTIC and The Title Company of the Rockies use to protect this information and to use the information for lawful purposes. WLTIC or The Title Company of the Rockies , however, may share information as required by law in response to a subpoena, to a government regulatory agency or to prevent fraud. Information Security WLTIC and The Title Company of the Rockies, at all times, strive to maintain the confidentiality and integrity of the personal information in its possession and has instituted measures to guard against its unauthorized access. We maintain physical, electronic and procedural safeguards in compliance with federal standards to protect that information. The WLTIC Privacy Policy can be found on WLTIC's website at www.wltic.com COMMITMENT FOR TITLE INSURANCE Issued by NI TITLE COMPANY of the rcckies as agent for Westcor Land Title Insurance Company SCHEDULE A Reference: Commitment Number: 0602628 - C3 1. Effective Date: June 24, 2020, 7:00 am 2. Policy (or Policies) to be issued: ALTA Owner's Policy (6-17-06) Issue Date: July 06, 2020 Policy Amount: $125,000.00 Premium: $400.00 Proposed Insured: George T. Pucak and Carol J. Pucak 3. The estate or interest in the land described or referred to in this Commitment is Fee Simple. 4. The Title is, at the Commitment Date, vested in: BAR W, LLC, a Colorado limited liability company 5. The land referred to in this Commitment is described as follows: FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE For Informational Purposes Only - APN: R011707 By: Countersigned The Title Company of the Rockies Susan Sarver This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitmentto Issue Policy; the CommitmentConditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions. Copyright 2006-2016 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 for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule A MLAP!,renw Lk511F MAIMS 1016141 Page 1 Commitment No: 0602628 - C3 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 12, AMENDED PLAT OF LOTS 11 AND 12, ROARING FORK RANCH PHASE V (Residential Parcel No. V), ccording to the Plat recorded April 20, 1988 at Reception No. 391345. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitmentto Issue Policy; the CommitmentConditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions. Copyright 2006-2016 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 for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule A MLAP!,renw Lk511F MAIMS 1016141 Page 2 Commitment No: 0602628 - C3 COMMITMENT FOR TITLE INSURANCE Issued by Westcor Land Title Insurance Company SCHEDULE B, PART I Requirements The following are the requirements to be complied 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. 5. Evidence satisfactory to the Company or its duly authorized agent that all dues and/or assessments levied by the Homeowners Association have been paid through the date of closing. NOTE: Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. 6. Resolution or Statement of Authority by Bar W, LLC, a Colorado limited liability company, authorizing the transaction, executed by the managers or members set forth in the Operating Agreement. NOTE: Review Operating Agreement for authority of party(ies) to act on behalf of said limited liability company and complete the transaction contemplated herein. NOTE: Statement of Authority for Bar W, LLC, a Colorado limited liability company, recorded September 4, 2019 at Reception No. 925045, discloses that the names and addresses of the This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitmentto Issue Policy; the CommitmentConditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions. Copyright 2006-2016 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 for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part I MLAP!,renw Lk511F MAIMS 1016141 Page 3 Commitment No: 0602628 - C3 manager(s) or member(s) authorized to act on behalf of the limited liability company are as follows: Don Cadden, Pamela Cook and Don Wylie, Manages - 47130 South Highway 18, Alpine, TX 79830. 7. Deed from BAR W, LLC, a Colorado limited liability company to George T. Pucak and Carol J. Pucak. 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 Owner's Policy, when issued, will not contain Exceptions No. 1, 2, 3 and 4 provided that: (A) The enclosed form, of indemnity agreement or final affidavit and agreement is properly executed and acknowledged by the party(ies) indicated and returned to the Company or its duly authorized agent, and (B) The applicable scheduled charges in the amount of $75.00, are paid to the Company or its duly authorized agent. 24 -month Chain of Title: The only conveyance(s) affecting said land recorded within the 24 months preceding the date of this commitment is (are) as follows: WARRANTY DEED recorded October 7, 2019 at Reception No. 926486. TRUSTEE'S DEED recorded January 8, 2018 at Reception No. 902024. NOTE: If no conveyances were found in that 24 month period, the last recorded conveyance is reported. If the subject land is a lot in a subdivision plat less than 24 months old, only the conveyances subsequent to the plat are reported. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitmentto Issue Policy; the CommitmentConditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions. Copyright 2006-2016 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 for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part I - continued AM k RFCAN Page 4 Commitment No: 0602628 - C3 SCHEDULE B, PART II Exceptions THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. Any loss or damage, including attorney fees, by reason of the matters shown below: 1. Any facts, right, interests, or claims which are not shown by the Public Records but which could be ascertained by an inspection of said Land or by making inquiry of persons in possession thereof. 2. Easements or claims of easements, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. 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. Reservations and exceptions contained in U.S. Patents, or in Acts authorizing issuance thereof, recorded April 25, 1904 in Book 56 at Page 496 at Reception No. 29353, 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. 8. Intentionally Deleted. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitmentto Issue Policy; the CommitmentConditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions. Copyright 2006-2016 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 for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part II MLAP!,renw Lk511F MAIMS 1016141 Page 5 Commitment No: 0602628 - C3 9. Intentionally Deleted. 10. Easements and right of way for sewer system and water system as granted to Ranch at Roaring Fork Homeowners Association, Inc. by deed recorded July 12, 1973 in Book 447 at Page 140 at Reception No. 259141. 11. All matters as shown on the Final Plat of Roaring Fork Ranch, Phase III, recorded July 12, 1973 at Reception No. 259145. 12. Easements for utilities, power lines, ditches and water and sewer, lakes, ponds and ditches as reserved and shown on the Condominium Map recorded October 23, 1973 at Reception No. 260426. 13. All matters as shown on the Plat of Ranch at Raring Fork Phase V, Final Plat (Residential Parcel V) recorded July 7, 1976 at Reception No. 273384, Amended Plat of Lots 11 & 12, recorded April 20, 1988 at Reception No. 391345. 14. Restrictive Covenants, which do not contain a forfeiture or reverter clause, but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons, as contained in Declaration of Establishment of Covenants, Conditions, Limitations Restrictions recorded October 23, 1973 in Book 451 at Page 48, Amendment recorded October 26, 1977, in Book 502 at Page 82 and as amended in instrument recorded June 08, 1980, in Book 551 at Page 429, Second Amendment recorded August 7, 1985 in Book 673 at Page 586, Amendment to the Second Amendment recorded December 18, 2001 in Book 1312 at Page 868, Amendment to the Amendment recorded December 18, 2001 in Book 1312 at Page 877, First Amendment to the Second Amended Declaration recorded January 9, 2013, at Reception No. 829676, and any and all Amendments and Supplements thereof. 15. Supplementary Declaration of Establishment of Covenants, Conditions, Limitations Restrictions, Reservations, Liens and Charges for Ranch at Roaring Fork Residential Parcel No. V, recorded July 7, 1976 in Book 486 at Page 497 at Reception No. 273385, Supplementary Declaration of Annexation of Property in Phase V Ranch at Roaring Fork, Intentionally Deleted, and any and all Amendments and Supplements thereof. 16. Agreement for Water and Sewer Easement and Approval for Selection of Color for Improvements, recorded October 27, 1995 in Book 957 at Page 131 at Reception No. 484804, Easement Relocation recorded October 12, 2000 in Book 1212 at Page 266 at Reception No. 570740, Sewer Connection main Agreement recorded October 4, 1999 in Book 1153 at Page 666 at Reception No. 553171. This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitmentto Issue Policy; the CommitmentConditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions. Copyright 2006-2016 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 for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule B - Part II - continued Page 6 Commitment No: 0602628 - C3 This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Westcor Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitmentto Issue Policy; the CommitmentConditions; Schedule A; Schedule 8, Part I -Requirements; and Schedule 8, Part II -Exceptions. Copyright 2006-2016 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 for Title Insurance (8-1-2016) Technical Correction 4-2-2018 Schedule 8 - Part II - continued Page 7 Commitment No: 0602628 - C3 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: 1. The Land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. 2. No labor or materials may have been furnished by mechanics or materialmen for purpose of construction on the Land described in Schedule A of this Commitment within the past 13 months. 3. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and materialmen's liens. 4. Any deviation from conditions A though C above is subject to such additional requirements or Information as the Company may deem necessary, or, at its option, the Company may refuse to delete the exception. 5. Payment of the premium for said coverage. Note 3: The following disclosures are hereby made pursuant to §10-11-122, C.R.S.: (i) The subject real property may be located in a special taxing district; (ii) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent; and (iii) Information regarding special districts and the boundaries of such districts may be obtained from 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 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. " Page 8 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: 1. The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a fiduciary capacity. 2. The title entity shall use any funds designated as "earnest money" for the consummation of the 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: (a) Release the earnest money funds as directed by written instructions signed by both the buyer and seller; or (b) If acceptable written instructions are not received, uncontested funds shall be held by the title entity for 180 days from the scheduled date of closing, after which the title entity shall return said funds to the payor. 3. In the event of any controversy regarding the funds held by the title entity (notwithstanding any 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: (a) Await any proceeding; or (b) Interplead all parties and deposit such funds into a court of competent jurisdiction, and recover court costs and reasonable attorney and legal fees; or (c) Deliver written notice to the buyer and seller that unless the title entity receives a copy of a 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: 0602628 - C3 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 Clerk and 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 County Treasurer 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 shall disburse funds as a part of such services until those funds have been received and are available for immediate 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 from the 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 must comply 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 A W A 4 • U 0 0 ME Z O s V N U V y p N 2 0 7-4H a) d' O • • pa U _,U O L.° -,0• 4-I �0 0 Ng a w ›, W� -d �o ti p ELO 0 El Wo•• Q ow W of W -`' Qc m WA m.-0 N„ rv)-1 V::5 Carol J. Pucak * * cid 0 a) G( 0 * azt * O q .b g N V) d ) 03-4 CI C4 CU 0 0 CU 44 z O4-1 Sat CU [� 0 ,b O Sy C7.E 1/2 interest CT: z., 0 U IZ1 o 0) O 9 `t 0 d .0 00 —4 N O4:a.)•' • ti Ranch at Roaring Fork Phase 5 Amended lots 11 & 12 TOGETHER with all its appurtenances. 74 Q . ! 2 a. C.--) ryry 0 t CO V o 0 AW a O }U 00W 03›,� fW0 �.E � N � <W � 0 cc c' I" 3 When recorded return to: O G) c a) E N 0 J 1i5 e-1 L 0 4- 0 L CU CT) \ ^ c N nC.N N ID V avo a rt0 • f0 E 8 L O O 1A LL C CO CO CU • cc �i 1Y ( CD O C\�� c 0 0 - J co ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT. MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. W E 0 10 20' 30' 40' SCALE: 1"=20' Loi fO PUCAK FINAL PLAT AMENDMENT LOTS 11 & 12, ROARING FORK RANCH PHASE V STAGECOACH \\ LANE SINGLE -STORY FRAME HOUSE GARFIELD COUNTY, COLORADO LOT /2 „c. 19606 SF #/— LOT 11 18354 SF t/— CURVE DELTA ANGLE C I 34°23'22" C 2 34°22'32” LINE L I BEARING N 60° I5' 15"W RADIUS 40.00' 40.00' m N 90°00.00"W LOT LINE TO BE VACATED S 90° 00' 00"W EASEMENT w z 0 w D 0 w D 0_ v r- 0 0 0 Li 10.0' M 0 ARC TANGENT CHORD CHORD BEARING 24.01' 12.38' 23.65' N 85°04'24"E 24.00' 12.37' 23.64' N 50°41'14"E DISTANCE 15.00' 54.67' 70.00' LEGEND AND NOTES • FOUND REBAR & CAP MARKED PE & LS 5933 0 FOUND REBAR & CAP MARKED PLS 14111 THIS SURVEY DOES NOT REPRESENT A TITLE SEARCH BY LINES IN SPACE OR SYDNEY LINCICOME TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. ALL INFORMATION SHOWN HEREON REGARDING EASEMENTS AND OTHER ENCUMBRANCES OF RECORD WAS OBTAINED FROM. AND SUBJECT TO A TITLE INSURANCE COMMITMENT PROVIDED BY TITLE COMPANY OF THE ROCKIES. ORDER NO. 0602628-C3. DATED 06/24/2020 CERTIFICATE OF DEDICATION AND OWNERSHIP THE UNDERSIGNED. CAROL J. PUCAK & GEORGE T. PUCAK. BEING SOLE OWNERS IN FEE SIMPLE OF ALL THAT REAL PROPERTY SITUATED IN GARFIELD COUNTY. DESCRIBED AS FOLLOWS: LOTS 11 AND 12. AMENDED PLAT OF LOTS 11 AND 12. ROARING FORK RANCH PHASE V (RESIDENTIAL PACEL NO. V). GARFIELD COUNTY. COLORADO. RECORDED APRIL 20. 1988 AT RECEPTION NO. 391345. HAVE CAUSED THE DESCRIBED REAL PROPERTY TO BE SURVEYED. LAID OUT. PLATTED AND SUBDIVIDED INTO LOTS AND BLOCKS AS SHOWN ON THIS FINAL PLAT UNDER THE NAME AND STYLE OF "PUCAK FINAL PLAT AMENDMENT" AND DO HEREBY DEDICATE AND SET APART ALL OF THE STREETS AND ROADS AS SHOWN ON THE ACCOMPANYING PLAT TO THE USE OF THE PUBLIC FOREVER. AND HEREBY DEDICATE TO THE PUBLIC UTILITIES THOSE PORTIONS OF SAID REAL PROPERTY WHICH ARE LABELED AS UTILITY EASEMENTS ON THE ACCOMPANYING PLAT AS PERPETUAL EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF UTILITIES. IRRIGATION AND DRAINAGE FACILITIES INCLUDING. BUT NOT LIMITED TO. ELECTRIC LINES. GAS LINES AND TELEPHONE LINES. TOGETHER WITH THE RIGHT TO TRIM INTERFERING TREES AND BRUSH. WITH PERPETUAL RIGHT OF INGRESS AND EGRESS FOR INSTALLATION AND MAINTENANCE OF SUCH LINES. SUCH EASEMENT AND RIGHTS SHALL BE UTILIZED IN A REASONABLE AND PRUDENT MANNER. ALL EXPENSE FOR STREET PAVING OR IMPROVEMENTS SHALL BE FURNISHED BY THE SELLERS OR PURCHASER. NOT BY THE COUNTY OF GARFIELD. EXECUTED THIS DAY OF A.D.. 20_ OWNER: CAROL J. PUCAK ADDRESS: 0478 STAGECOACH LANE CARBONDALE. CO. 81623 STATE OF COLORADO ) )SS. COUNTY OF GARFIELD) OWNER: GEORGE T. PUCAK ADDRESS: 0478 STAGECOACH LANE CARBONDALE. CO. 81623 THE FOREGOING CERTIFICATE OF DEDICATION AND OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS DAY OF A.D.. 20_ BY CAROL J. PUCAK AND GEORGE T. PUCAK. MY COMMISSION EXPIRES: WITNESS MY HAND AND SEAL VICINITY MAP SCALE: 1"= 2000' VICINITY MAP TO BE AFFIXED AT TIME OF RECORDING SEC.31, T.7 S., R.87 W., 6th P.M. ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT. MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE CERTIFICATION SHOWN HEREON. THE PURPOSE OF THIS PLAT AMENDMENT IS TO ELIMINATE THE LOT LINE CREATED BY THE AMENDED PLAT OF LOTS II & 12. RECORDED APRIL 20. 1988 AT RECEPTION NO. 391345 AND RESTORE LOTS 11 & 12 TO THEIR ORIGINAL CONFIGURATION AS SHOWN ON THE PLAT OF RANCH AT ROARING FORK PHASE V. FINAL PLAT (RESIDENTIAL PARCEL V) RECORDED JULT 7. 1976 AT RECEPTION NO. 273384. ALL RECORDED EASEMENTS ARE SHOWN ON THIS PLAT. • COUNTY COMMISSIONER'S CERTIFICATE: Based upon the review and recommendation of Garfield County Director of CommunityDevelopment. the Board of County Commissioners of Garfield County. olorado. hereby approves this Amended Final Plat this day of A.D.. 20 for filing with the Clerk and Recorder of Garfield County and for conveyance to the County of the public dedications shown hereon. subject to the provisions that approval in no way obligates Garfield County for the financing or construction of improvements on lands. public roads. highways or easements dedicated to the public. except as specifically agreed to by the Board of County Commissioners by subsequent resolution. This approval shall in no way obligate Garfield County for the construction. repair or maintenance of public roads. highways or any other public dedications shown hereon. Chairman. Board of County Commissioners Garfield County Colorado Witness my hand and seal of the County of Garfield. Attest: County Clerk COUNTY SURVEYOR'S CERTIFICATE Approved for content and form only and not the accuracy of surveys. calculations or drafting pursuant to C.R.S. 38-51-101 and 102 et seq. DATED this day of A.D.. 20 By Garfield County Surveyor TITLE CERTIFICATE 1 an attorney licensed to practice law in the State of Colorado. or agent authorized by a title Insurance company. do hereby certify that I have examined the Title to all lands shown upon this Plat and that Title to such land is vested in free and clear of all liens and encumbrances (including mortgages. deeds of trust. judgments. easements. contracts and agreements of record affecting the real property in this Plat). except for a United States Department of Treasury. Internal Revenue Service. Certificate of Federal Tax Lien recorded September 6. 2011 and recorded at Reception No. 807744. such line being amended by a Certificate of Release of Federal Tax Lien recored April 8. 2019 at Reception No. 918973. DATED this day of A.D.. 20 Attorney CERTIFICATE OF TAXES PAID I. the undersigned. do hereby certify that the entire amount of taxes and assessments due and payable as of upon all parcels of real estate described on this Plat are paid in full. DATED this day of A.D.. 20 Treasurer of Garfield County SURVEYOR'S CERTIFICATE I. Sydney Lincicome. do hereby certify that I am a Professional Land Surveyor licensed under the laws of the State of Colorado. that this Plat is a true. correct and complete Plat of the Pucak Final Plat Amendment as laid out. platted. dedicated and shown hereon. that such Plat was made from an accurate survey of said property by me. or under my supervision. and correctly shows the location and dimensions of the lots. easements and streets of said Amended Final Plat as the same are staked upon the ground in compliance with applicable regulations governing the subdivision of land. In witness whereof. I have set my hand and seal this day of A.D.. 20 Sydney Lincicome Lines in Spave 67 Glenwood Avenue Carbondale. Co. 81623c P.L.S. 14111 CLERK AND RECORDER'S CERTIFICATE This Plat was filed for record in the Office of the Clerk and Recorder of Garfield County. Colorado. at o'clock. M. on this day of A.D.. 20 and is duly recorded as Reception No. Clerk and Recorder BY: Deputy PUCAK • PUCAK FINAL PLAT AMENDMENT LOTS 11 & 12. ROARING FORK RANCH PHASE V. GARFIELD COUNTY. CO. BY. LINES IN SPACE SYDNEY LINCICOME (L. S. /4 / / / ) 67 GLENWOOD AVE CARBONDALE. CO. 970-963-3852 DATE: 09/23/2020 SCALE: l" = 20' JOB NO.: 20-05 C:IGeneral CADD 81Gxdlpucak.gxd -- 09/29/2020 -- 11:06 AM -- Scale 1 : 240.000 Prepared for: II TITLE COMPANY of the rockies 1620 Grand Avenue Bldg Main, Floor 1 Glenwood Springs, CO 81601 Phone: 970-945-1169 Fax: www.titlecorockies.com OWNERSHIP & ENCUMBRANCE REPORT Carol Pucak Real Estate Attn: Carol Pucak 0478 Stagecoach Lane Carbondale, CO 81623 Date: October 1, 2020 Order: 0602905 - OE Ref: PROPERTY IDENTIFICATION AND OWNERSHIP Legal Description: Lot 11, AMENDED PLAT OF LOTS 11 AND 12, ROARING FORK RANCH PHASE V (Residential Parcel No. V), ccording to the Plat recorded April 20, 1988 at Reception No. 391345. Property Address: 478 Stagecoach Lane, Carbondale, CO 81623 Schedule/Parcel #: R011707 Owner's Name(s): George T. Pucak and Carol J. Pucak County: Garfield, Colorado TITLE ABSTRACT No Liens of Record Found. FOR INFORMATIONAL PURPOSES ONLY: QUIT CLAIM DEED recorded November 13, 2018 as Reception No. 914039. SCRIVENER'S ERROR AFFIDAVIT recorded September 12, 2016 as Reception No. 882223. QUIT CLAIM DEED recorded January 21, 2005 as Reception No. 667384. Nothing Further of Record Note: This report covers Garfield County, Colorado Real Estate Records Through September 24, 2020. Disclaimer: This report reflects the results of a search of the county records posted to the above described real estate only, and does not necessarily reflect involuntary liens or other matters which might be disclosed by a search on the individual owner's or other names shown hereinabove. The Title Company of the Rockies makes no warranty regarding the accuracy of the information herein provided, and further, shall not be liable for any loss incurred by reason of the information reported in this report. THE DOCUMENTS INCLUDED WITH THIS REPORT ARE THE BEST COPIES AVAILABLE Se ViCe Beyond Expectation in Colorado for: Eagle, Garfield, Grand, Pitkin and Summit Counties. (Limited Coverage: Jackson, Lake, Park and Routt Counties) Locations In: Avon/Beaver Creek, Basalt, Breckenridge, Grand Lake and Winter Park. (Closing Services available in Aspen and Glenwood Springs).