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Home My WebLink About1.11 DeedsLand Title Guarantee Company Customer Distribution PREVENT FRAUD - Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. Order Number:BAR64003897 Date: 01/18/2021 Property Address:325, 382, 433, 444, 500, 501, 542, 575, 598, 639 WHITECLOUD RD & 64 AND 118 LEVITT LN, CARBONDALE, CO 81623 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance Closing Processor For Title Assistance Tanya Germany 200 BASALT CENTER CIRCLE BASALT, CO 81621 PO BOX 3440 (970) 927-0405 (Work) (877) 346-4115 (Work Fax) tgermany@ltgc.com Contact License: CO523905 Company License: CO44565 Ashley Duda 200 BASALT CENTER CIRCLE BASALT, CO 81621 PO BOX 3440 (970) 927-0405 (Work) (877) 346-4115 (Work Fax) aduda@ltgc.com Company License: CO44565 Land Title Roaring Fork Valley Title Team 200 BASALT CENTER CIRCLE BASALT, CO 81621 PO BOX 3440 (970) 927-0405 (Work) (970) 925-0610 (Work Fax) valleyresponse@ltgc.com Seller/Owner ASCENDIGO PROPERTY HOLDINGS Delivered via: Delivered by Realtor Agent for Seller ASPEN SNOWMASS SOTHEBY'S INTERNATIONAL REALTY Attention: KATHLEEN GRANGE PO BOX 5000 50 SNOWMASS VILLAGE MALL SNOWMASS VILLAGE, CO 81615 (970) 923-2006 (Work) (970) 923-2550 (Work Fax) kmgrange@gmail.com Delivered via: Electronic Mail Land Title Guarantee Company Estimate of Title Fees Order Number:BAR64003897 Date: 01/18/2021 Property Address:325, 382, 433, 444, 500, 501, 542, 575, 598, 639 WHITECLOUD RD & 64 AND 118 LEVITT LN, CARBONDALE, CO 81623 Parties:A BUYER TO BE DETERMINED ASCENDIGO PROPERTY HOLDINGS, A COLORADO NONPROFIT CORPORATION Visit Land Title's Website at www.ltgc.com for directions to any of our offices. Estimate of Title insurance Fees "TBD" Commitment $217.00 Total $217.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the effect of these documents on your property. Chain of Title Documents: Garfield county recorded 10/01/2020 under reception no. 942983 Garfield county recorded 10/01/2020 under reception no. 942984 Garfield county recorded 10/01/2020 under reception no. 942985 Garfield county recorded 10/01/2020 under reception no. 942986 Garfield county recorded 10/01/2020 under reception no. 942987 Plat Map(s): Garfield county recorded 10/20/2000 under reception no. 571155 Property Address: 325, 382, 433, 444, 500, 501, 542, 575, 598, 639 WHITECLOUD RD & 64 AND 118 LEVITT LN, CARBONDALE, CO 81623 1.Effective Date: 01/07/2021 at 5:00 P.M. 2.Policy to be Issued and Proposed Insured: "TBD" Commitment Proposed Insured: A BUYER TO BE DETERMINED $0.00 3.The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE IN PARCELS A, C, AND D AND AN EASEMENT INTEREST IN PARCEL B 4.Title to the estate or interest covered herein is at the effective date hereof vested in: ASCENDIGO PROPERTY HOLDINGS, A COLORADO NONPROFIT CORPORATION 5.The Land referred to in this Commitment is described as follows: PARCEL A: LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, AND 13 WHITECLOUD RIDGE SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 20, 2000 AS RECEPTION NO. 571155 COUNTY OF GARFIELD STATE OF COLORADO PARCEL B: PERPETUAL, NON-EXCLUSIVE EASEMENTS GRANTED BY THE FOLLOWING DOCUMENTS RECORDED AS FOLLOWS: 1. QUIT CLAIM DEED RECORDED OCTOBER 2, 1995 IN BOOK 954 AT PAGE 709 AS RECEPTION NO. 483820; 2. QUIT CLAIM DEED RECORDED OCTOBER 2, 1995 IN BOOK 954 AT PAGE 710 AS RECEPTION NO. 483821. 3. WARRANTY DEED RECORDED JANUARY 19, 1989 IN BOOK 747 AT PAGE 619 AS RECEPTION NO. 398432. 4. DEED OF EASEMENT RECORDED SEPTEMBER 1, 2005 IN BOOK 1722 AT PAGE 642 AND CORRECTION DEED OF EASEMENT RECORDED SEPTEMBER 1, 2005 IN BOOK 1722 AT PAGE 646. 5. DEED OF EASEMENT RECORDED DECEMBER 26, 1995 IN BOOK 962 AT PAGE 257 AS RECEPTION NO. 486912, AS SUPPLEMENTED BY SUPPLEMENTAL GRANT OF EASEMENT RECORDED DECEMBER 31, 2008 UNDER RECEPTION NO. 760925. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:BAR64003897 PARCEL C A PARCEL OF LAND SITUATED IN THE SW1/4 OF SECTION 28, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 89 DEGREES 40'17" E ALONG THE SOUTHERLY BOUNDARY OF SAID SECTION 28 A DISTANCE OF 1371.75 FEET TO THE WEST SIXTEENTH CORNER OF SAID SECTION 28 AND SECTION 33, A 2-1/2" ALUMINUM CAP L.S. #22580 IN PLACE, THE POINT OF BEGINNING; THENCE N 03 DEGREES 23'54" E ALONG THE WESTERLY BOUNDARY OF THE SE1/4SW1/4 OF SECTION 28 A DISTANCE OF 731.88 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF LEVITT LANE; THENCE LEAVING SAID WESTERLY BOUNDARY AND THE SOUTHERLY BOUNDARY OF LEVITT LANE ALONG SOUTHERLY BOUNDARY OF AN ACCESS AND UTILITY EASEMENT ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 560.00 FEET AND A CENTRAL ANGLE OF 02 DEGREES 08'23", A DISTANCE OF 20.91 FEET (CHORD BEARS N 63 DEGREES 18'58" E A DISTANCE OF 20.91 FEET); THENCE CONTINUING ALONG SAID SOUTHERLY BOUNDARY N 62 DEGREES 14'46" E DISTANCE OF 17.93 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY BOUNDARY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 330.00 FEET AND A CENTRAL ANGLE OF 12 DEGREES 43'20", A DISTANCE OF 73.27 FEET (CHORD BEARS N55 DEGREES 53'06" E 73.12 FEET); THENCE CONTINUING ALONG SAID SOUTHERLY BOUNDARY N 49 DEGREES 31'26" E A DISTANCE OF 97.08 FEET; THENCE LEAVING SAID SOUTHERLY BOUNDARY S 40 DEGREES 28'34" E A DISTANCE OF 69.78 FEET; THENCE S 00 DEGREES 06'30" E A DISTANCE OF 76.47 FEET; THENCE S 49 DEGREES 45'04" W A DISTANCE OF 99.80 FEET; THENCE S 00 DEGREES 00'00" E A DISTANCE OF 83.42 FEET; THENCE S 41 DEGREES 24'02" E 642.79 FEET; THENCE S 00 DEGREES 00'00" E A DISTANCE OF 59.07 FEET; THENCE S 89 DEGREES 39'09" W A DISTANCE OF 425.10 FEET; THENCE S 00 DEGREES 00'00" E A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID SECTION 28; THENCE S 89 DEGREES 39'09" W A DISTANCE OF 181.60 FEET TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO PARCEL D: A PARCEL OF LAND SITUATED IN THE SW1/4 AND THE W1/2SE1/4 OF SECTION 28, TOWNSHIP 7 SOUTH, RANGE 87 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 28, A GARFIELD COUNTY SURVEYOR BRASS CAP IN PLACE; THENCE N 63 DEGREES 50'49" E A DISTANCE OF 1573.54 FEET TO A POINT ON THE WESTERLY BOUNDARY OF THE SE1/4SW1/4 OF SAID SECTION 28; THENCE N 03 DEGREES 23'54" E ALONG SAID WESTERLY BOUNDARY A DISTANCE OF 44.97 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF LEVITT LANE, THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY BOUNDARY N 03 DEGREES 23'54" E A DISTANCE OF 69.65 FEET TO A POINT ON THE ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:BAR64003897 NORTHERLY BOUNDARY OF SAID LEVITT LANE; THENCE LEAVING SAID WESTERLY BOUNDARY S 62 DEGREES 14'46" W ALONG SAID NORTHERLY BOUNDARY A DISTANCE OF 15.12 FEET; THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 500.00 FEET AND A CENTRAL ANGLE OF 17 DEGREES 43'43", A DISTANCE OF 154.71 FEET (CHORD BEARS S 71 DEGREES 06'37" W A DISTANCE OF 154.09 FEET); THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY S 79 DEGREES 58'28" W A DISTANCE OF 155.83 FEET; THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 170.00 FEET AND A CENTRAL ANGLE OF 68 DEGREES 26'41", A DISTANCE OF 203.08 FEET (CHORD BEARS N 65 DEGREES 48'11" W A DISTANCE OF 191.22 FEET); THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY N 31 DEGREES 34'50" W A DISTANCE OF 76.82 FEET; THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 400.00 FEET AND A CENTRAL ANGLE OF 05 DEGREES 08'52", A DISTANCE OF 35.94 (CHORD BEARS N 34 DEGREES 09'16" W A DISTANCE OF 35.93 FEET); THENCE CONTINUING ALONG SAID NORTHERLY BOUNDARY N 36 DEGREES 43'42" W A DISTANCE OF 100.68 FEET TO A POINT ON THE EASTERLY BOUNDARY OF WHITECLOUD ROAD; THENCE LEAVING SAID NORTHERLY BOUNDARY ALONG THE EASTERLY BOUNDARY OF WHITECLOUD ROAD ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 280.00 FEET AND A CENTRAL ANGLE OF 17 DEGREES 47'49" A DISTANCE OF 86.97 FEET (CHORD BEARS N 38 DEGREES 13'21" E A DISTANCE OF 86.62 FEET); THENCE CONTINUING ALONG SAID EASTERLY BOUNDARY N 29 DEGREES 19'26" E A DISTANCE OF 99.23 FEET; THENCE CONTINUING ALONG SAID EASTERLY BOUNDARY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 220.00 FEET AND A CENTRAL ANGLE OF 52 DEGREES 15'54" A DISTANCE OF 200.68 FEET (CHORD BEARS N 55 DEGREES 27'23" E 193.80 FEET); THENCE CONTINUING ALONG SAID EASTERLY BOUNDARY N 81 DEGREES 35'20" E A DISTANCE OF 281.45 FEET; THENCE CONTINUING ALONG SAID EASTERLY BOUNDARY ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 120.00 FEET AND A CENTRAL ANGLE OF 77 DEGREES 47'32" A DISTANCE OF 162.93 FEET (CHORD BEARS N 42 DEGREES 41'34" E A DISTANCE OF 150.70 FEET); THENCE CONTINUING ALONG SAID EASTERLY BOUNDARY N 03 DEGREES 23'54" E A DISTANCE OF 105.57 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY S 89 DEGREES 45'54" E A DISTANCE OF 603.84 FEET; THENCE N 69 DEGREES 11'09" E A DISTANCE OF 876.78 FEET TO A POINT ON THE CENTERLINE OF HARMONY LANE; THENCE THE FOLLOWING THIRTEEN (13) COURSES ALONG SAID CENTERLINE: 1. S 00 DEGREES 34'25" W A DISTANCE OF 226.26 FEET 2. S 02 DEGREES 28'40" E A DISTANCE OF 91.04 FEET 3. S 06 DEGREES 19'45" E A DISTANCE OF 119.31 FEET 4. N 89 DEGREES 44'08' W A DISTANCE OF 5.95 FEET 5. S 01 DEGREES 14'48" E A DISTANCE OF 280.78 FEET 6. S 02 DEGREES 01'27" W A DISTANCE OF 115.18 FEET 7. S 00 DEGREES 39'06" W A DISTANCE OF 148.53 FEET 8. S 01 DEGREES 44'55" E A DISTANCE OF 133.99 FEET 9. S 04 DEGREES 29'01" E A DISTANCE OF 106.53 FEET 10. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1475.00 FEET AND A CENTRAL ANGLE OF 03 DEGREES 53'15" A DISTANCE OF 100.08 FEET (CHORD BEARS S 06 DEGREES 25'38" E A DISTANCE OF 100.06 FEET) 11. S 08 DEGREES 22'15" E A DISTANCE OF 67.98 FEET 12. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 126.84 FEET AND A CENTRAL ANGLE OF 43 DEGREES 01'03", A DISTANCE OF 95.23 FEET (CHORD BEARS S 13 DEGREES 08'18" W A DISTANCE OF 93.01 FEET) 13. S 38 DEGREES 11'47" W A DISTANCE OF 18.82 FEET THENCE LEAVING SAID CENTERLINE S 89 DEGREES 43'12" W A DISTANCE OF 30.74 FEET; THENCE N 01 DEGREES 52'30" E A DISTANCE OF 329.19 FEET; THENCE N 89 DEGREES 58'25" W A DISTANCE OF ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:BAR64003897 Copyright 2006-2021 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 110.00 FEET TO A POINT ON THE EASTERLY BOUNDARY OF THE GLEN SUBDIVISION EXEMPTION; THENCE N 02 DEGREES 06'23" E ALONG SAID EASTERLY BOUNDARY A DISTANCE OF 49.20 FEET TO THE NORTHEAST CORNER OF SAID SUBDIVISION EXEMPTION; THENCE S 89 DEGREES 56'49" W ALONG THE NORTHERLY BOUNDARY OF SAID SUBDIVISION EXEMPTION A DISTANCE OF 677.27 FEET TO THE NORTHWEST CORNER OF SAID SUBDIVISION EXEMPTION; THENCE S 02 DEGREES 39'45" W ALONG THE WESTERLY BOUNDARY OF SAID SUBDIVISION EXEMPTION A DISTANCE OF 682.91 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID SECTION 28; THENCE S 89 DEGREES 39'09" W ALONG SAID SOUTHERLY BOUNDARY A DISTANCE OF 503.16 FEET; THENCE LEAVING SAID SOUTHERLY BOUNDARY N 00 DEGREES 00'00" W A DISTANCE OF 30.00 FEET; THENCE N 89 DEGREES 39'09" E A DISTANCE OF 425.10 FEET; THENCE N 00 DEGREES 00'00" W A DISTANCE OF 59.07 FEET; THENCE N 41 DEGREES 24'02' W A DISTANCE OF 642.79 FEET; THENCE N 00 DEGREES 00'00" W A DISTANCE OF 83.42 FEET; THENCE N 49 DEGREES 45'04" E A DISTANCE OF 99.80 FEET; THENCE N 00 DEGREES 06'30" W A DISTANCE OF 76.47 FEET; THENCE N 40 DEGREES 28'34" W A DISTANCE OF 69.78 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF AN ACCESS AND UTILITY EASEMENT; THENCE S 49 DEGREES 31'26" W ALONG SAID SOUTHERLY BOUNDARY A DISTANCE OF 97.08 FEET; THENCE CONTINUING ALONG SAID BOUNDARY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 330.00 FEET AND A CENTRAL ANGLE OF 12 DEGREES 43'20", A DISTANCE OF 73.27 FEET (CHORD BEARS S 55 DEGREES 53'06" W A DISTANCE OF 73.12 FEET); THENCE CONTINUING ALONG SAID BOUNDARY S 62 DEGREES 14'46" W A DISTANCE OF 17.93 FEET; THENCE CONTINUING ALONG SAID BOUNDARY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 560.00 FEET AND A CENTRAL ANGLE OF 02 DEGREES 08'23", A DISTANCE OF 20.91 FEET (CHORD BEARS S 63 DEGREES 18'58" W A DISTANCE OF 20.91 FEET) TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:BAR64003897 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: BAR64003897 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 1.EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE BASALT WATER CONSERVANCY DISTRICT TRANSFER FEE HAVE BEEN SATISFIED. 2.PROVIDE LAND TITLE GUARANTEE COMPANY WITH A CURRENT IMPROVEMENT SURVEY PLAT OF SUBJECT PROPERTY. THIS REQUIREMENT IS NECESSARY TO DELETE 1-4. UPON REVIEW, ADDITIONAL REQUIREMENTS AND/OR EXCEPTIONS MAY BE NECESSARY. NOTE: ANY MATTERS DISCLOSED BY SAID IMPROVEMENT SURVEY PLAT WILL BE REFLECTED ON SAID POLICY(S) TO BE ISSUED HEREUNDER. NOTE: LAND TITLE IS NOT RESPONSIBLE FOR ORDERING SAID IMPROVEMENT SURVEY PLAT. 3.CERTIFIED COPY OF RESOLUTION OF THE GOVERNING BOARD OF THE ASCENDIGO PROPERTY HOLDINGS, A COLORADO NONPROFIT CORPORATION (AUTHORIZING THE SALE OF THE SUBJECT PROPERTY AND THE EXECUTION OF NECESSARY DOCUMENTS) AND RECITING THAT THE BOARD HAS BEEN DULY AUTHORIZED IN THE PREMISES BY THE CORPORATION. SAID RESOLUTION MUST BE PROPERLY CERTIFIED BY AN OFFICER OF THE CORPORATION. SAID RESOLUTION MUST BE SUBMITTED TO AND APPROVED BY LAND TITLE GUARANTEE COMPANY BUT NEED NOT BE RECORDED. 4.DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF ASCENDIGO PROPERTY HOLDINGS, A COLORADO NONPROFIT CORPORATION. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30- 172, CRS. NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. 5.GOOD AND SUFFICIENT DEED FROM ASCENDIGO PROPERTY HOLDINGS, A COLORADO NONPROFIT CORPORATION TO A BUYER TO BE DETERMINED CONVEYING SUBJECT PROPERTY. NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN, IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL REAL ESTATE AND ANY AMENDMENTS THERETO. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MARCH 28, 1917, IN BOOK 92 AT PAGE 363 AND RECORDED JULY 31, 1979 IN BOOK 532 AT PAGE 204 9.RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 31, 1979, IN BOOK 532 AT PAGE 204. 10.ALL MINERALS AS RESERVED IN INSTRUMENT RECORDED JUNE 23, 1972 IN BOOK 432 AT PAGE 227 AND IN INSTRUMENT RECORDED JUNE 30, 1970 IN BOOK 411 AT PAGE 264 AND APRIL 21, 1994 IN BOOK 899 AT PAGE 707 AND APRIL 21, 1994 IN BOOK 899 AT PAGE 709 AND APRIL 21, 1994 IN BOOK 899 AT PAGE 713 AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 11.EASEMENTS AND RIGHTS OF WAY AS GRANTED IN INSTRUMENT RECORDED JUNE 23, 1972 IN BOOK 432 AT PAGE 227. 12.EASEMENTS AND RIGHTS OF WAY AS RESERVED IN INSTRUMENT RECORDED APRIL 24, 1975 IN BOOK 429 AT PAGE 570. 13.ALL MINERALS AS RESERVED IN INSTRUMENT RECORDED APRIL 24, 1975 IN BOOK 429 AT PAGE 570. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: BAR64003897 14.EASEMENTS AND RIGHTS OF WAY FOR ROAD AS CONTAINED IN INSTRUMENT RECORDED JANUARY 19, 1989 IN BOOK 747 AT PAGE 619. 15.EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN INSTRUMENTS RECORDED JULY 26, 1988 IN BOOK 738 AT PAGES 381, 383, 384 AND 385. 16.EASEMENTS AND RIGHTS OF WAY FOR ROADWAY ACCESS AND UTILITIES RECORDED FEBRUARY 27, 1992 IN BOOK 824 AT PAGE 642. 17.EASEMENTS AND RIGHTS OF WAY AS RESERVED IN INSTRUMENT RECORDED FEBRUARY 24, 1993 IN BOOK 855 AT PAGE 386. 18.TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 96-45 RECORDED JULY 17, 1996 IN BOOK 985 AT PAGE 520. 19.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED JANUARY 18, 1996 IN BOOK 964 AT PAGE 385. 20.TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS, EASEMENTS AND RIGHTS OF WAY AS GRANTED IN INSTRUMENTS RECORDED DECEMBER 26, 1995 IN BOOK 962 AT PAGE 257 AND AT PAGE 280 AND AS MODIFIED BY SUPPLEMENTEL EASEMENT RECORDED DECEMBER 31, 2008 UNDER RECEPTION NO. 760925. 21.TERMS, CONDITIONS AND PROVISIONS OF NOTICE RECORDED DECEMBER 18, 1998 IN BOOK 1105 AT PAGE 81. 22.TERMS, CONDITIONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENT AS CONTAINED IN INSTRUMENT RECORDED OCTOBER 20, 2000, IN BOOK 1213 AT PAGE 482. 23.RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED OCTOBER 20, 2000, IN BOOK 1213 AT PAGE 496 AND ASSIGNMENT OF DECLARANT RIGHTS RECORDED AUGUST 30, 2019 AS RECEPTION NO. 924911 AND ASSIGNMENT OF DECLARANT RIGHTS RECORDED OCTOBER 1, 2020 AS RECEPTION NO. 942990. 24.TERMS, CONDITIONS AND PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN EASEMENT RECORDED OCTOBER 20, 2000 IN BOOK 1213 AT PAGE 550. 25.TERMS, CONDITIONS AND PROVISIONS OF WATER SYSTEM OPERATING AGREEMENT RECORDED OCTOBER 20, 2000 IN BOOK 1213 AT PAGE 563. 26.EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SHOWN ON THE PLAT RECORDED OCTOBER 20, 2000 UNDER RECEPTION NO. 571155. 27.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED JULY 10, 2001 IN BOOK 1267 AT PAGE 742. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: BAR64003897 28.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED SEPTEMBER 05, 2001 IN BOOK 1283 AT PAGE 355. 29.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MAY 08, 2002 IN BOOK 1353 AT PAGE 150. 30.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN TRENCH, CONDUIT AND VAULT AGREEMENT RECORDED MAY 20, 2002 IN BOOK 1356 AT PAGE 1. 31.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN TRENCH, CONDUIT AND VAULT AGREEMENT RECORDED MAY 20, 2002 AS RECEPTION NO. 603695. 32.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED SEPTEMBER 10, 2002 IN BOOK 1385 AT PAGE 294. 33.TERMS, CONDITIONS AND PROVISIONS OF DEED OF EASEMENT RECORDED SEPTEMBER 01, 2005 IN BOOK 1722 AT PAGE 642 AND RECORDED SEPTEMBER 1, 2005 IN BOOK 1722 AT PAGE 646. 34.TERMS, CONDITIONS AND PROVISIONS OF GRANT OF RECIPROCAL EASEMENTS RECORDED JANUARY 18, 2007 IN BOOK 1885 AT PAGE 699. (ABOVE ITEMS AFFECT PARCEL A AND PARCEL B) 35.RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED NOVEMBER 22, 1907, IN BOOK 73 AT PAGE 3 AND RECORDED JULY 31, 1979 IN BOOK 532 AT PAGE 204 36.RESERVATION OF ALL MINERALS OF WHATSOEVER KIND OR DESCRIPTION IN, UNDER AND THAT MAY BE PRODUCED FROM SAID LAND AS RESERVED IN INSTRUMENT RECORDED JUNE 30, 1970 IN BOOK 411 AT PAGE 264, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 37.EASEMENTS AND RIGHTS OF WAY FOR ROAD AND UTILITY PURPOSES AS DESCRIBED IN INSTRUMENT RECORDED JULY 26, 1988 IN BOOK 738 AT PAGE 383. 38.RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED DECEMBER 16, 1993, IN BOOK 886 AT PAGE 361. 39.EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS AS SHOWN ON THE BARNES EXEMPTION PLAT RECORDED FEBRUARY 7, 1996 AS RECEPTION NO. 488736. 40.TERMS, CONDITIONS AND PROVISIONS OF EASEMENT RECORDED DECEMBER 26, 1995 IN BOOK 962 AT PAGE 265. 41.TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF AGREEMENT RECORDED JANUARY 18, 1996 IN BOOK 964 AT PAGE 385. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: BAR64003897 42.RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED FEBRUARY 07, 1996, IN BOOK 966 AT PAGE 543. 43.TERMS, CONDITIONS AND PROVISIONS OF ARTICLES OF INCORPORATION OF PINION GROVE HOMEOWNER'S ASSOCIATION RECORDED FEBRUARY 07, 1996 IN BOOK 966 AT PAGE 543. 44.TERMS, CONDITIONS AND PROVISIONS OF GARFIELD COUNTY RESOLUTION NO. 96-08 RECORDED FEBRUARY 09, 1996 IN BOOK 966 AT PAGE 689. 45.EASEMENTS AND RIGHTS OF WAY AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED AUGUST 22, 1996 IN BOOK 989 AT PAGE 767. (ABOVE ITEMS AFFECT PARCEL B) 46.RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MARCH 28, 1917, IN BOOK 92 AT PAGE 363. 47.TERMS, CONDITIONS AND PROVISIONS OF DEED RECORDED JULY 26, 1966 IN BOOK 377 AT PAGE 555. 48.TERMS, CONDITIONS AND PROVISIONS OF UTILITY EASEMENT RECORDED JULY 15, 1968 IN BOOK 395 AT PAGE 444. 49.EASEMENTS AND RIGHTS OF WAY FOR ROADWAY ACCESS AND UTILITIES RECORDED FEBRUARY 27, 1992 IN BOOK 824 AT PAGE 642. 50.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT AND GRANT OF EASEMENT RECORDED MARCH 21, 1995 IN BOOK 934 AT PAGE 888. 51.TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF WATER ALLOTMENT CONTRACT RECORDED DECEMBER 26, 1996 IN BOOK 1004 AT PAGE 561. 52.TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF AGREEMENT REGARDING HARMONY LANE RECORDED FEBRUARY 9, 1998 IN BOOK 1052 AT PAGE 885 AND RECORDED DECEMBER 28, 1998 IN BOOK 1106 AT PAGE 230. 53.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT FOR MAINTENANCE OF ROAD AND WELL PIPELINES RECORDED JANUARY 26, 1999 IN BOOK 1111 AT PAGE 336. 54.RIGHTS AND INTEREST PURSUANT TO THE "ACCESS EASEMENT (EASEMENT FOR USE & BENEFIT OF ADJACENT PARCEL TO THE WEST)" AS SHOWN ON THE PLAT OF GLEN SUBDIVISION EXEMPTION RECORDED NOVEMBER 4, 1997 AS RECEPTION NO. 515947. 55.TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY LINE ADJUSTMENT AFFIDAVIT RECORDED DECEMBER 31, 2008 AT RECEPTION NO. 760921. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: BAR64003897 56.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF LEVITT 1993 THOMAS LEVITT FAMILY TRUST RECORDED DECEMBER 31, 2008 AT RECEPTION NO. 760922. (ABOVE ITEMS AFFECT PARCELS B AND C)) 57.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MARCH 28, 1917, IN BOOK 92 AT PAGE 363 AND RECORDED JULY 31, 1979 IN BOOK 532 AT PAGE 204 58.RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 31, 1979, IN BOOK 532 AT PAGE 204. 59.ALL MINERALS AS RESERVED IN INSTRUMENT RECORDED JUNE 23, 1972 IN BOOK 432 AT PAGE 227 AND IN INSTRUMENT RECORDED JUNE 30, 1970 IN BOOK 411 AT PAGE 264 AND APRIL 21, 1994 IN BOOK 899 AT PAGE 707 AND APRIL 21, 1994 IN BOOK 899 AT PAGE 709 AND APRIL 21, 1994 IN BOOK 899 AT PAGE 713 AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 60.EASEMENTS AND RIGHTS OF WAY FOR ROAD AS CONTAINED IN INSTRUMENT RECORDED JANUARY 19, 1989 IN BOOK 747 AT PAGE 619. 61.TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED MARCH 21, 1995 IN BOOK 934 AT PAGE 888. 62.EASEMENTS AND RIGHTS OF WAY AS RESERVED IN INSTRUMENT RECORDED FEBRUARY 24, 1993 IN BOOK 855 AT PAGE 386 63.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED JANUARY 18, 1996 IN BOOK 964 AT PAGE 385. 64.TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS, EASEMENTS AND RIGHTS OF WAY AS GRANTED IN INSTRUMENTS RECORDED DECEMBER 26, 1995 IN BOOK 962 AT PAGE 257 AND AT PAGE 280. 65.TERMS, CONDITIONS AND PROVISIONS OF NOTICE RECORDED DECEMBER 18, 1998 IN BOOK 1105 AT PAGE 81. 66.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MAY 20, 2002 IN BOOK 1356 AT PAGE 7. 67.TERMS, CONDITIONS AND PROVISIONS OF DEED OF EASEMENT RECORDED SEPTEMBER 01, 2005 IN BOOK 1722 AT PAGE 642 AND RECORDED SEPTEMBER 1, 2005 IN BOOK 1722 AT PAGE 646. 68.TERMS, CONDITIONS AND PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN GRANT OF RECIPROCAL EASEMENTS RECORDED JANUARY 18, 2007 IN BOOK 1885 AT PAGE 699. 69.EASEMENTS, RIGHTS OF WAY AND ALL MATTERS SHOWN ON THE AMENDED LOT ADJUSTMENT MAP RECORDED JANUARY 19, 2007 UNDER RECEPTION NO. 715597. (ABOVE ITEMS AFFECT PARCEL B) ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: BAR64003897 70.RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MARCH 28, 1917, IN BOOK 92 AT PAGE 363 AND RECORDED JULY 31, 1979 IN BOOK 532 AT PAGE 204 71.RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 31, 1979, IN BOOK 532 AT PAGE 204. 72.EASEMENTS AND RIGHTS OF WAY FOR ROAD AS CONTAINED IN INSTRUMENT RECORDED JANUARY 19, 1989 IN BOOK 747 AT PAGE 619. 73.EASEMENTS, RIGHTS OF WAY AND ALL MATTERS SHOWN ON THE LOT BOUNDARY ADJUSTMENT MAP RECORDED FEBRUARY 23, 1990 AS RECEPTION NO. 410137. 74.EASEMENTS AND RIGHTS OF WAY FOR ROADWAY ACCESS AND UTILITIES RECORDED FEBRUARY 27, 1992 IN BOOK 824 AT PAGE 642. 75.EASEMENTS AND RIGHTS OF WAY AS RESERVED IN INSTRUMENT RECORDED FEBRUARY 24, 1993 IN BOOK 855 AT PAGE 386 76.TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED MARCH 21, 1995 IN BOOK 934 AT PAGE 888. 77.EASEMENT AND RIGHT OF WAY FOR ROADWAY AND UNDERGROUND UTILITY PURPOSES AS SET FORTH IN DEED RECORDED OCTOBER 2, 1995 IN BOOK 954 AT PAGE 709 AND 710. 78.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED JANUARY 18, 1996 IN BOOK 964 AT PAGE 385. 79.EASEMENT AND RIGHT OF WAY FOR ROADWAY AND UTILITY PURPOSES AS SET FORTH IN DEED RECORDED DECEMBER 26, 1995 IN BOOK 962 AT PAGE 240. 80.TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS, EASEMENTS AND RIGHTS OF WAY AS GRANTED IN INSTRUMENTS RECORDED DECEMBER 26, 1995 IN BOOK 962 AT PAGE 257 AND AT PAGE 280. 81.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN BOUNDARY LINE ADJUSTMENT AFFIDAVITS RECORDED DECEMBER 26, 1995 IN BOOK 962 AT PAGE 243 AND RECORDED DECEMBER 26, 1995 IN BOOK 962 AT PAGE 269 AND RECORDED DECEMBER 23, 1996 IN BOOK 1004 AT PAGE 122 AND RECORDED DECEMBER 26, 1996 IN BOOK 1004 AT PAGE 510. 82.TERMS, CONDITIONS AND PROVISIONS OF MEMORANDUM OF AGREEMENT REGARDING HARMONY LANE RECORDED FEBRUARY 9, 1998 IN BOOK 1052 AT PAGE 885 AND RECORDED DECEMBER 28, 1998 IN BOOK 1106 AT PAGE 230. 83.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN EASEMENT DEED RECORDED FEBRUARY 9, 1998 IN BOOK 1052 AT PAGE 896. 84.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN DITCH AGREEMENT AND CONVEYANCE OF DITCH EASEMENT RECORDED FEBRUARY 10, 1998 IN BOOK 1053 AT PAGE 43. 85.TERMS, CONDITIONS AND PROVISIONS OF NOTICE RECORDED DECEMBER 18, 1998 IN BOOK 1105 AT PAGE 81. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: BAR64003897 86.TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED MAY 20, 2002 IN BOOK 1356 AT PAGE 7. 87.TERMS, CONDITIONS AND PROVISIONS OF DEED OF EASEMENT RECORDED SEPTEMBER 01, 2005 IN BOOK 1722 AT PAGE 642 AND RECORDED SEPTEMBER 1, 2005 IN BOOK 1722 AT PAGE 646. 88.EASEMENTS, RIGHTS OF WAY AND ALL MATTERS SHOWN ON THE LOT BOUNDARY ADJUSTMENT MAP RECORDED DECEMBER 21, 2006 AS RECEPTION NO. 713703 AND THE AMENDED LOT BOUNDARY ADJUSTMENT MAP RECORDED JANUARY 19, 2007 UNDER RECEPTION NO. 715597. 89.ANY PRESCRIPTIVE RIGHTS TO DITCHES AND ROADS AS CONSTRUCTED AND IN PLACE AS SHOWN ON IMPROVEMENT SURVEY PLAT CERTIFIED JUNE 23, 2019 PREPARED BY TRUE NORTH COLORADO, JOB NO. 2019-191 OUR ESI 37191396. 90.TERMS, CONDITIONS AND PROVISIONS, EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN GRANT OF RECIPROCAL EASEMENTS RECORDED JANUARY 18, 2007 IN BOOK 1885 AT PAGE 699. 91.TERMS, CONDITIONS AND PROVISIONS OF BOUNDARY LINE ADJUSTMENT AFFIDAVIT RECORDED DECEMBER 31, 2008 AT RECEPTION NO. 760921. 92.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF LEVITT 1993 THOMAS LEVITT FAMILY TRUST RECORDED DECEMBER 31, 2008 AS RECEPTION NO. 760922. 93.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS SET FORTH IN SUPPLEMENTAL GRANT OF EASEMENT RECORDED DECEMBER 31, 2008 AS RECEPTION NO. 760925. 94.ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING FACTS SHOWN ON IMPROVEMENT SURVEY PLAT CERTIFIED JUNE 23, 2019 PREPARED BY TRUE NORTH COLORADO, JOB NO. 2019-191 OUR ESI 37191396: DIRT RANCH ROADS AND TWO TRACK RANCH ROADS (THE ABOVE ITEMS AFFECT PARCEL D) 95.CLAIMS OF RIGHT, TITLE AND/OR INTEREST IN THE PROPERTY BETWEEN THE BOUNDARY LINE AND THE FENCE AS DEPICTED ON THE IMPROVEMENT SURVEY PLAT PREPARED BY TRUE NORTH COLORADO, JOB NO. 2019-191 WHETHER SAID CLAIMS ARISE BY ABANDONMENT, ADVERSE POSSESSION OR OTHER MEANS. SAID DOCUMENT STORE AS OUR ESI 37191396 (THE ABOVE ITEM AFFECTS PARCEL C AND D) 96.CLAIMS OF RIGHT, TITLE AND/OR INTEREST IN THE PROPERTY BETWEEN THE BOUNDARY LINES AND THE FENCE AS DEPICTED ON THE IMPROVEMENT SURVEY PLAT PREPARED BY TRUE NORTH COLORADO, JOB NO. 2019-191 WHETHER SAID CLAIMS ARISE BY ABANDONMENT, ADVERSE POSSESSION OR OTHER MEANS. SAID DOCUMENT STORE AS OUR ESI 37191396 (THE ABOVE ITEM AFFECTS LOTS 3, 4, 5, 6, 7, 8, 9 AND 10 OF PARCEL A) 97.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF CONTRACT FROM BASALT WATER CONSERVANCY DISTRICT RECORDED AUGUST 30, 2019 AS RECEPTION NO. 924912. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: BAR64003897 (ITEM 97 AFFECT PARCEL A, C & D) ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: BAR64003897 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. The Subject real property may be located in a special taxing district.(A) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (B) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. (C) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (A) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. (B) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. (C) The Company must receive payment of the appropriate premium.(D) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. (E) Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (A) That such mineral estate may include the right to enter and use the property without the surface owner's permission. (B) JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to your non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and The public records maintained by governmental entities that we obtain either directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We may share your Personal Information with affiliated contractors or service providers who provide services in the course of our business, but only to the extent necessary for these providers to perform their services and to provide these services to you as may be required by your transaction. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT STATED ABOVE OR PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Commitment For Title Insurance Issued by Old Republic National Title Insurance Corporation NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. . COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY 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. “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (b) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c) “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. (d) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (f) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (g) “Title”: The estate or interest described in Schedule A.(h) the Notice;(a) the Commitment to Issue Policy;(b) the Commitment Conditions;(c) Schedule A;(d) Schedule B, Part I—Requirements; and(e) Schedule B, Part II—Exceptions; and(f) a counter-signature by the Company or its issuing agent that may be in electronic form.(g) 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: (a) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (b) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (c) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (d) The Company shall not be liable for the content of the Transaction Identification Data, if any.(e) 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT 7. IF THIS COMMITMENT HAS BEEN 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 the purpose of providing closing or settlement services. 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. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option 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. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Senior Vice President This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Land Title Insurance Corporation. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; 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 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. In no event shall the Company be 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. (f) In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b) Until the Policy is issued, 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. (c) 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. (d) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e) 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.(f)