HomeMy WebLinkAbout20130048.tiff3850014 06/04/2012 09:04 AM
Total Pages: 4 Rec Fee: $26.00 Doc Fee: $95.00
Steve Moreno - Clerk and Recorder, Weld County, CO
WARRANTY DEED
THIS DEED, dated this 31st day of May, 2012, between TRIMAC TRANSPORTATION CENTRAL INC.,
A SOUTH DAKOTA CORPORATION, WHO ACQUIRED Trll.E AS UNIVERSAL TRANSPORT, T, INC.,f
SOUTH DAKOTA CORPORATION of the County of State
Texas, grantor, and MOUNTAIN VIEW FIRE PROTECTION DIS CT, A SPECIAL DISTRICT AND
POLITICAL SUBDIVISION OF THE STATE OF COLORADO whose legal address is 9119 E. County
Line Road, Longmont, CO 80521, of the County of Weld and State of Colorado, grantees: •
WITNESS, that the grantor, for and In consideration of the sum of NINE HUNDRED FIFTY THOUSAND
AND 00/100 DOLLARS (5950,000.00), the receipt and sufficiency of which is hereby acknowledged,
has granted, bargained, sold and conveyed, and by these presents runs grant, bargain, sell, convey
and confirm unto the grantee, his heirs and assigns forever, all the real property, together, with
improvements, if any, situate, lying and being in the County of We'd and State of Colorado, described
as follows:
Baldridge P.U.D., Fit Filing, according to the Plat thereof recorded July 17, 1991 at Reception
No.2256522,
County of Weld,
State of Colorado.
also known by street and number as: 1990 119th Highway, Longmont, CO 83501
assessor's schedule or parcel number. 1313-08-0-00-035
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in
anywise appertaining, the reversion and reversions, remainder and remainders, letb, Issues and profits
thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law
or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOW the said premises above bargained and described, with the appurtenances,
unto the grantee, his heirs and assigns forever. The grantor, for himself, his heirs and personal
representatves, does covenant, grant bargain, and agree to and with the grantee, his heirs and
assigns, that at the time of the ensealing and delivery of these presents, it is well seed of the premises
above conveyed, has good, sure, perfect absolute and indefeasible estate of inheritance, in law, in fee
simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in
manner and form as aforesaid, and that the same are free and clear from all former and other grants,
bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature
whatsoever, except
general taxes for the current year and subsequent years and subject to those items shown on Exhibit "A"
attached hereto and incorporated herein by reference.
The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the
quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or
persons lawfully claiming the whole or any part thereof.
The singular number shall include the plural, the plural the singular, andte use of any gender shall be
applicable to all genders.
IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above.
TrunacTransportation Central Inc., a South
Dakota corporation, who acquired title as
Universal Transport Inc., a South Dakota
corpo on
BY: < Craig Bourgeois, Vice President
r. eos
OFile No- 1480366
WARRANTY DEED (For Photographic Record)
3850014 06/04/2012 09:04 AM
Page 2 of 4
WARRANTY DEED
(Continued)
Ree✓zcuc,�A �d
STETE OF �^'t
GOWN OF
d % 7
atattlize
I,
at
&'zUC, Id (OU Z$ a Notary Public of the Geanty and State -first ab9 a written, do
hereby certify the foregoing instruh�l(ent was acknowledged 'before me this '3O ay of May,
2012, by Craig Bourgeois, as Vice President of Trimac Transportation Central Inc, a South Dakota
corporation, who acquired title as Universal Transport, Inc, a South Dakota corporcon.
`1\0.3 G ,9ISE ss my hand and official
^1 : , • -,—`Not ' Public U v u
-- ca i P(ecesu t"e ea *1-14,2_�rezA 4 t
• • My Core:mission Expires:
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!)... hjaFle;3i�;�iress of person Creatirg NervNQeatxl Legal Description 63fr35-t065,CRS)
AUBREY GUILD YOUNG
Barrister & Solicitor
'•,r, t` „AT>=r Recording Return to:
He No. 149038e
WARRANTY O® (For Photographic ReconO
3850014 06/04/2012 09:04 AM
Page 3 of 4
Exhibit "A"
•
"All Mineral Lands" as reserved in United States Patent recorded Apn124, 18753n the General Land Office
Patent Volume 5 at Page 247 and recorded in the Weld County records January 9, 2008 at Reception No.
3528188, and any and all assignments thereof or interest therein.
Right of Way and rights incidental thereto for County Roads 30 feet on either side of Section and
Township lines as established by the Board of County Commissioners for Weld County, as set forth in a
document
Recording Date: October 14, 1869
Recording No: Book 86, page 273
Fasement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document
Granted to: the Department of Highways
Purpose: waste ditch
Recording Date: March 25, 1970
Recording No: 1544311 -
Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document
Granted to: Union Rural DectricAssociation, Inc.
Purpose: electrical facilities
Recording Date: May 4, 1970
Recording No: 1546073
Each and every right or rights of access to and from any portion of the right-of-way for Colorado State
Highway 119 as conveyed and restricted by Deed ,exa.rded February 28. 1972 at Reception No. 1584447.
Reservation of one-half of all oil and/or gas royalties as made by CP Richardson, Leo F. Knago and Betty
Jo Secor in Deed recorded January 14, 1981 at Reception No. 1846898, and any and all supplements and
amendments thereto.
The erf,,i of the Use by Special Review for the Baidridge Property recorded December27, 1983 at
Reception No. 1951085:
An oil and gas lease for the term therein provided with certain covenants, conditions and provisions,
together Wth easements, if any, as set forth therein, and any and all assignments thereof or inti3l.et
therein.
Recording Dap: June 18, 1984
Recording No: 1970874
Terms, conditions, provisions, agreements, easements and obligations contained in the Notice of General
Description of Area Served by Panhandle Eastern Pipe Line Company Gonceming Underground Facilities
as set forth below
Recording Date: June 26, 1986
Recording No_ 2058722
Any tax, lien, fee, cr assessment by reason of inclusion of the Land in the St Vrain Sanitation District as
evidenced by instrument(i) recorded April 15, 1987 at2095906.
•
Easement(s) for the purpose(s) shown below and lights incidental thereto, as granted in a document
Granted to: United Power
Purpose: electric facilities
Record -mg Date: May 11, 1990
Recording No: 2213479
Terms, conditions, provisions, agreements, easements and obligations contained in the Notice
Concerning Underground Facilities of United Power, Inc. as set forth below:
Recording Date: January24, 1991
Recording No.: 2239295 _. __
3850014 06/04/2012 09:04 AM
Page 4 of 4
Exhibit "A"
Terms, conditions, provisions, agreements and obligations contained in the Request for Notification of
Pending Surface Development as set forth below
Recording Date: August 6, 2007
Recording No.: 3495293
Tents, conditions, provisions, agreements and obligations contained in the Request for Notification of
- Surface Development as set forth below.
Recording Date: October 15, 2007
Recording No.: 3511023
Recitals as shown on the Plat of Baldridge P.U.D., First Filing
Recording Date: July 17, 1991
Recording No: 2256522
Apparent encroachment of improvements upon platted utility easement along the westerly, easterly, '
and southerly boundaries of the subject property, and any loss, consequence, or damage due to the fact
that recorded easements, as set forth herein, are not shown upon said Site Plan Review, and the fact that
improvements to the land may encroach upon the same.
Chicago Title Insurance Company
1875 Lawrence Street, Suite 1300
Denver, CO 80202
Phone: (303)291-9999 Fax: (303)291-9997
FILE NO: 1490366
PROPERTY ADDRESS: 1990 119th Highway, Longmont, CO 80501
BUYER \ BORROWER: Mountain View Fire Protection District, a special district and political subdivision of the State of Colorado
SELLER: Trimac Transportation Central Inc., a South Dakota corporation, who acquired title as Universal Transport, Inc., a South
Dakota corporation
PLEASE REVIEW THE ENCLOSED MATERIAL COMPLETELY AND TAKE NOTE OF THE FOLLOWING TERMS CONTAINED THEREIN:
Schedule A:
Schedule B -Section I:
Schedule B -Section II:
WIRING INSTRUCTIONS:
Bank Name: Comerica Bank
Account Name: Chicago Title of Colorado, Inc.
Account Number: 1891966242
ABA Number: 121137522
File Number: 1490366
Branch: 58
Closer: Teresa Hot:
Title Officer: Jessica Broderick
Teresa Hott can be reached at (303)291-9999 (PH), (303)291-9997 (FAX) or via email at teresa.hott@ctt.com.
Jessica Broderick can be reached at (303) 291-9935 (PH), (303) 291-9997 (FAX) or via email at jessica.broderick@ctt.com.
Thank you for choosing Chicago Title Insurance Company
To: CBRE Brokerage
8390 E. Crescent Pkwy #300
Greenwood Village, CO 80111
To: Sears Real Estate
2021 Clubhouse Drive, STE 100
Greeley, CO 80634
To: CBRE Brokerage
8390 E. Crescent Pkwy #300
Greenwood Village, CO 80111
To: Trimac Transportation Central
To: Mountain View Fire Protection District, a special
district and political subdivision of the State of Colorado
Attn: Tyler Carner
Phone: (720)528.6397
Fax: (720)528-6333
E-mail: tyler.carner@cbre.com
Attn: John Kadavy
Phone: (970)330-7700
Fax: (970)330.4766
E-mail: johnk@searsrealestate.com
Attn: Dustyn Connelley
Phone: (720)528-6397
Fax: (750)528-6333
E-mail: dustyn.connelley@cbre.com
Attn: Travis O'Banion
Phone:
Fax:
E-mail: tobanion@trimac.com
Phone:
Phone: (303)772-0710
Phone:
E-mail: mlawley@mvfpd.org
To: Trimac Transportation Central Inc., a South Dakota Phone:
corporation, who acquired title as Universal Transport, Phone: (281)985-0000
Inc., a South Dakota corporation Phone:
E-mail: cbourgeois@trimac.com
FDCO0340.rdw
End of Transmittal
Transmit:al Letter- Commercial
C.
CHICAGO TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
correct purchaser name; update
Commitment Number 1490366
1. Effective date: May 15, 2012 at 7:30 AM
2. Policy or Policies to be issued:
(A) Owner's Policy ( ALTA Owner's Policy (6-17-06) )
Proposed Insured:
Mountain View Fire Protection District, a special district and
political subdivision of the State of Colorado
(B) Loan Policy ( ALTA Loan Policy (6-17-06) )
Proposed Insured:
Tax Certificate
Delete 1-4 (Commercial) owner's
Policy Amount
$ 950,000.00
;4.7:111:
;A TOTAL
3. The estate or interest in the land described or referred to in this Commitment is:
fee simple
4. Title to the fee simple estate or interest in the land is at the Effective Date vested in:
Trimac Transportation Central Inc., a South Dakota corporation, who acquired title as Universal Transport,
Inc., a South Dakota corporation
5. The land referred to in this Commitment is described as follows:
Baldridge P.U.D., First Filing, according to the Plat thereof recorded July 17, 1991 at Reception No.
2256522,
County of Weld,
State of Colorado.
Issued at: DENVER, COLORADO
ALTA Commitment - 2006 (Schedule A)
Premium
$ 1.126.00
$ 10.00
$ 60.00
$ 1,196.00
CHICAGO TITLE INSURANCE COMPANY
CHICAGO TITLE INSURANCE COMPANY
SCHEDULE B - SECTION I
REQUIREMENTS
Commitment Number: 1490366
A. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or
interest to be insured.
B. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for
record in the office of the clerk and recorder of the county in which said property is located.
Note: Any documents being executed in conjunction with this transaction must be signed in the presence
of an authorized Company employee, an authorized employee of an agent, an authorized employee of
the insured lender, or by using Bancsery or other approved third -party service. If the above requirement
cannot be met, please call the Company at the number provided in this report.
C. Recordation of a Statement of Authority and Resolution, of governing board of Mountain View Fire
Protection District, a special district and political subdivision of the State of Colorado authorizing the
execution of necessary documents and stating who•is authorized to sign said documents.
Note: A Statement of Authority for Mountain View Fire Protection District, a special district and political
subdivision of the State of Colorado recorded August 23, 2010 at Reception Number 3713179 recites
Mark Lawley, First Chief, as person authorized to to execute instruments on behalf of said entity.
D. Recordation of a Statement of Authority and Resolution of governing board of Trimac Transportation
Central Inc., a South Dakota corporation authorizing the execution of necessary documents and stating
who is authorized to sign said documents. Said Resolution must be properly certified by an Officer of the
corporation with Corporate Seal affixed.
Note: A Statement of Authority for Trimac Transportation Central Inc., a South Dakota corporation
recorded March 1, 2011 at Reception Number 3753284 recites Craig Bourgeois, Vice President, as
person authorized to execute instruments on behalf of said entity.
E. Execution of the Company's Affidavit of No New Improvements as to Site Plan Review, prepared by
Nelson Engineers, Project No. 022, dated March 1991.
(matters are as set forth herein)
F. Execution of the Company's Lien Affidavit by the Seller(s) and Purchaser(s). In the event that the Lien
Affidavit discloses the existence of new constructiarion.the property within the past thirteen months, or
plans for the commencement of new construction; additional requirements may be made, or Standard
Exception No. 4 will not be deleted from the.final.policy(ies) to be issued hereunder.
G. Deed sufficient to convey the fee simple estate or interest in the land described or referred to herein, to
the proposed insured, Schedule A, Item 5A.
H. Note: Upon completion of the requirements, and payment of the premiums, Standard Exceptions 1
through 6 will not appear on the Policy(s) to be issued.
Issued at: DENVER, COLORADO CHICAGO TITLE INSURANCE COMPANY
ALTA Commitment- 2006 (Schedule B-1)
CHICAGO TITLE INSURANCE COMPANY
SCHEDULE B - SECTION I
REQUIREMENTS
(Continued)
Commitment Number: 1490366
Note: Upon verification of payment of all prior years taxes, Exception No. 7 will be amended to read as
follows: Taxes and assessments for the year 2012 and subsequent years, a lien, but not yet due or
payable.
END OF SCHEDULE B - SECTION I
CHICAGO TITLE INSURANCE COMPANY
SCHEDULE B - SECTION II
EXCEPTIONS
Commitment Number: 1490366
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or
expenses) that arise by reason of:
PART ONE
1. Any facts: rights, interests, or claims that are 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 to the subsequent effective date hereof but prior to the date the proposed Insured
acquires of record for value the estate or interest or mortgage thereon covered by this Commitment.
6. (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, whether or not the matters excepted under (a), (b) or (c)
are shown by the Public Record.
7. (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.
8. Water rights, claims or title to water, whether or not -disclosed by the public records.
9. "All Mineral Lands" as reserved in United States Patent recorded April 24, 1875 in the General Land Office
Patent Volume 5 at Page 247 and recorded in the Weld County records January 9, 2008 at Reception No.
3528188, and any and all assignments thereof or interest therein.
10. Right of Way and rights incidental thereto for County Roads 30 feet on either side of Section and
Township lines as established by the Board of County Commissioners for Weld County, as set forth in a
document:
Recording Date: October 14, 1889
Recording No: Book 86, page 273
11. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: the Department of Highways
Purpose: waste ditch
Recording Date: March 25, 1970
Recording No: 1544311
Issued at: DENVER, COLORADO
ALTA Commitment - 2006 (Schedule B-2)
''i"' I `CHICAGO TITLE INSURANCE COMPANY
CHICAGO TITLE INSURANCE COMPANY
SCHEDULE S - SECTION II
EXCEPTIONS
(Continued)
Commitment Number: 1490366
12. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document
Granted to: Union Rural Electric Association, Inc.
Purpose: electrical facilities
Recording Date: May 4, 1970
Recording No: 1546573
13. Each and every right or rights of access to and:from, any'portion of the right -Of -way for Colorado State
Highway 119 as conveyed and restricted by Deed recorded February 28, 1972 at Reception No. 1584447.
14. Reservation of one-half of all oil and/or gas royalties as made by C.P Richardson, Leo F. Knago and Betty
Jo Secor in Deed recorded January 14, 1981 at Reception No. 1846898, and any and all supplements and
amendments thereto.
15. The effect of the Use by Special Review for the Baldridge Property recorded December 27, 1983 at
Reception No. 1951085.
16. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions,
together with easements, if any, as set forth therein, and any and all assignments thereof or interests
therein.
Recording Date: June 18, 1984
Recording No: 1970874
17. Terms, conditions, provisions, agreements, easements and obligations contained in the Notice of General
Description of Area Served by Panhandle Eastern Pipe Line Company Concerning Underground Facilities
as set forth below:
Recording Date: June 26, 1986
Recording No.: 2058722
18. Any tax, lien, fee, or assessment by reasonaotiractusign.,of the Land in the St Vrain Sanitation District, as
evidenced by instrument(s) recorded April 15,:c1987,a0095908.
19. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: United Power
Purpose: electric facilities
Recording Date: May 11, 1990
Recording No: 2213479
20. Terms, conditions, provisions, agreements, easements and obligations contained in the Notice
Concerning Underground Facilities of United Power, Inc. as set forth below:
Recording Date: January 24, 1991
Recording No.: 2239296
Issued at: DENVER, COLORADO CHICAGO TITLE INSURANCE COMPANY
ALTA Commitment - 2306 (Schedule 8-2)
CHICAGO TITLE INSURANCE COMPANY
SCHEDULE B - SECTION II
EXCEPTIONS
(Continued)
Commitment Number: 1490366
21. Terms, conditions, provisions, agreements and obligations contained in the Request for Notification of
Pending Surface Development as set forth below:
Recording Date: August 6, 2007
Recording No.: 3495293
22. Terms, conditions, provisions, agreements and obligations contained in the Request for Notification of
Surface Development as set forth below:
Recording Date: October 15, 2007
Recording No.: 3511023
23. Recitals as shown on the Plat of Baldridge P.U.D., First Filing
Recording Date: July 17, 1991
Recording No: 2256522
Reference is hereby made to said document for full particulars.
24. Any existing leases or tenancies, and any and allparties claiming by, through or under said lessees.
25. Any rights, interest, or claims which may exist or arise by reason of the following facts shown on Site Plan
Review, prepared by Nelson Engineers, Project No. 022, dated March 1999, to wit:
A. Apparent encroachment of improvements upon platted utility easement along the westerly, easterly,
and southerly boundaries of the subject property, and any loss, consequence, or damage due to the fact
that recorded easements, as set forth herein, are not shown upon said Site Plan Review, and the fact that
improvements to the land may encroach upon the same.
B. Such state of facts occurring subsequent said Site Plan Review that would be disclosed by a current
and accurate survey.
Issued at: DENVER, COLORADO
ALTA Commitment - 2006 (Schedule .B-2)
END OF SCHEDULE B - SECTION II
CHICAGO TITLE INSURANCE COMPANY
CHICAGO TITLE INSURANCE COMPANY
Title No.: 1490366
LEGAL DESCRIPTION
EXHIBIT A"
THE LAND REFERRED TO HEREIN BELOW IS SITUATED`IN THE COUNTY OF WELD, STATE OF
COLORADO: AND IS DESCRIBED AS FOLLOWS:
Baldridge P.U.D., First Filing, according to the Plat thereof recorded July 17, 1991 at Reception No. 2256522,
County of Weld,
State of Colorado.
Eti:kl6.1 '.A.
Issued at: DENVER, COLORADO CHICAGO TITLE INSURANCE COMPANY
ALTA Commitment - 2006
American Land Title Association
ALTA Commitment Form
COMMITMENT FOR TITLE INSURANCE
Issued By
CHICAGO TITLE INSURANCE COMPANY
ALTA Commitment Form
Adopted 6.17-06
Chicago Title Insurance Company, a Nebraska corporation ("Company"), for a valuable consideration, commits to issue
its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A.
as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A. upon payment of the
premiums and charges and compliance with the Requirements: all subject to the provisions of Schedules A and B and to
the Conditions of this Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or
policies committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate 6 months after the Effective Date or wnen
the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or
policies is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory
IN WITNESS WHEREOF, CHICAGO TITLE INSURANCE COMPANY has caused its corporate name and seal to be
affixed by its duly authorized officers on the date shown in Schedule A.
Chicago Title Insurance Company
BY
Countersigned:
I
Copyright ArnerlcanLano Title Asso0o001:. All HUMS reserved. Tbaroc i' lens FvrT is ,vi[^Reo le -L I - e:e• si i:..
9000standlnli Os or the Cale or Ure. 4:I other uses ore prohi:'loo P.eorintso uncer lrcenserten, the-Mencee Lo"'c't• s:--�}_:�'•
American Land Title Association
ALTA Commitment Form
Adopted 6.17-06
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 tnose shown :n
Schedule B hereof, and shall fail to disclose such knowledge to 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 Commitment accordingly, but such
amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these
Conditions.
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 the Exclusions
from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereoy
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 cf 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 :he exclusive remedy
of the parties. You may review a copy of the arbitration rules at <http://www.alta.org/>.
Corr/NOM American LanaiIlle Association. AU rgras reser yea. rna use C. Ines Fsrm. is rani 'c1 c Sc -L14 Par.ss i:: ....if. -:
O'.rCC scan Clno .a5 01 me Cale of OUP. An atlr4t usre ore Lrr.nlnlicce Floonnt^G u,lCC: !:cor.5C Donn noL:
File Nc' 58-1479585
CHICAGO TITLE INSURANCE COMPANY DISCLOSURE STATEMENT
• Pursuant to Section 38-35-125 of Colorado Revised Statutes and Colorado Division of Insurance
Regulation 3-5-1 (Section 7), if the parties to the subject transaction request us to provide
escrow -settlement and disbursement services to facilitate the closing of the transaction, then all funds
submitted for disbursement must be available for immediate withdrawal.
• Colorado Division of Insurance Regulation 3-5-1, Paragraph G of Section 7, requires that "every title
insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of
the title insurance commitment, other than the effective date of the title insurance commitment. for all
matters which appear of record prior to the time of recording whenever the title insurance company, or its
agent, conducts the closing and settlement service that is in conjunction with its issuance of an owners
policy of title insurance and is responsible for the recording and filing of legal documents resulting from the
transaction which was closed." Provided that CHICAGO TITLE INSURANCE COMPANY conducts the
closing of the insured transaction and is responsible for recording the legal documents from the
transaction, exception No. 5 in Schedule B-2 will not appear in the Owner's Title Policy and Lender's Title
Policy when issued.
• If the sales price of the subject property exceeds S100.000.00 the seller shall be required to comply with
the Disclosure of Withholding Provisions of C.R.S. 39-22-604.5 (Non•esident Withholding)
• Section 39-14-102 of Colorado Revised Statutes requires that a Real Property Transfer Declaration
accompany any conveyance document presented for recordation in the State of Colorado. Said
Declaration shall be completed and signed by either the grartor cr grantee
• Recording statutes contained in Section 30-10-406(3)(a) of the Colorado Revised Statutes require that all
documents received for recording or filing in the clerk and recorder's office shall contain a top margin of al
lease 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 a document that does not conform to requirements of this paragraph
• Section 38-35-109 (2) of the Colorado Revised Statutes, 1973. requires that a notification of the
purchasers legal address, (not necessarily the same as the property address) be included on the face of
the deed to be recorded.
• Regulations of County Clerk and Recorder's offices require that all documents submitted for recording
must contain a return address on the front page of every document being recorded.
• Pursuant to Section 10-11-122 of the Colorado Revised Statutes, 1987 the Company is required to
disclose the following information:
• The subject property may be located in a spebiai taxing district.
o A Certificate of Taxes Due listing each taxingjuri;diction shall be obtained from the County
Treasurer or the County Treasurer's authorized agent.
o 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 Section 10-11-123 of the Colorado Revised Statutes. when it is determined that a mineral
estate has been severed from the surface estate, the Company is required to disclose the following
information: that there is recorded evidence that a mineral estate has been severed, leaseo. or otherwise
conveyed from the surface estate and that 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 that such mineral estate
may include the right to enter and use the property without the surface owner's permission.
• Note: Notwithstanding anything to the contrary in this Commitment, if the policy to be issued is other than
an ALTA Owners Policy (6/17/06), the policy may not contain an arbitration clause. or the terms of the
arbitration clause may be different from those set forth in this Comrritmert. if the policy does contain an
arbitration clause, and the Amount of Insurance is less than the amount, if any, set forth in the arbitration
clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the
exclusive remedy of the parties.
Disclosure Statement FDCO0305 rdw
Effective Date: 5/1/2008
Fidelity National Financial, Inc.
Privacy Statement
Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of
your non-public personal information (`Personal Information") and protecting your Personal
Information is one of our top priorities. This Privacy Statement explains FNF's privacy practices,
including how we use the Personal Information we receive from you and from other specified
sources, and to whom it may be disclosed. FNF follows the privacy practices described in this
Privacy Statement and, depending on the business performed, FNF companies may share
information as described herein.
Personal Information Collected
We may collect Personal Information about you from the following sources:
• Information we receive from you on applications or other forms, such as your name, address,
social security number, tax identification number, asset information, and income information;
• Information we receive from you through our Internet websites, such as your name, address,
email address, Internet Protocol address, the website links you used to get to our websites, and
your activity while using or reviewing our websites;
• Information about your transactions with or services performed by us, our affiliates, or others,
such as information concerning your policy, premiums, payment history, information about
your home or other real property, information from lenders and other third parties involved in
such transaction, account balances, and credit card information; and
• Information we receive from consumer or other reporting agencies and publicly recorded
documents.
Disclosure of Personal Information
We may provide your Personal Information (excluding information we receive from consumer or
other credit reporting agencies) to various individuals and companies, as permitted by law, without
obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures.
Disclosures may include, without limitation, the following:
• To insurance agents, brokers, representatives, support organizations, or others to provide you
with services you have requested, and to enable us to detect or prevent criminal activity, fraud,
material misrepresentation, or nondisclosure in connection with an insurance transaction;
• To third -party contractors or service providers for the purpose of determining your eligibility
for an insurance benefit or payment and/or providing you with services you have requested;
• To an insurance regulatory authority, or a law enforcement or other governmental authority, in
a civil action, in connection with a subpoena or a governmental investigation;
• To companies that perform marketing ,services on our behalf or to other financial institutions
with which we have joint marketing.agrecments:and/or
• To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an
interest in title whose claim or interest must be. determined, settled, paid or released prior to a
title or escrow closing.
We may also disclose your Personal Information to others when we believe, in good faith, that such
disclosure is reasonably necessary to comply with the law or to protect the safety of our customers,
employees, or property and/or to comply with a judicial proceeding, court order or legal process.
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Effective Date: 5/1/2008
Disclosure to Affiliated Companies — We. are permitted by law to share your name, address and
facts about your transaction with other F F -companies, such as insurance companies, agents, and
other real estate service providers to provide you with services you have requested, for marketing
or product development research, or to- market products or services to you. We do not, however,
disclose information we collect from consumer or credit reporting agencies with our affiliates cr
others without your consent, in conformity with applicable law, unless such disclosure is otherwise
permitted by law.
Disclosure to Nonaffiliated Third Parties — We do not disclose Personal Information about our
customers or former customers to nonaffiliated third parties, except as outlined herein or as
otherwise permitted by law.
Confidentiality and Security of Personal Information
We restrict access to Personal Information about you to those employees who need to know that
information to provide products or services to you. We maintain physical, electronic, arid
procedural safeguards that comply with federal regulations to guard Personal Information.
Access to Personal Information/
Requests for Correction, Amendment, or Deletion of Personal Information
As required by applicable law, we will afford you the right to access your Personal Information,
under certain circumstances to find out to whom your Personal information has been disclosed, and
request correction or deletion of your Personal Information. However, FNF's current policy is to
maintain customers' Personal Information for no Iess than your state's required record retention
requirements for the purpose of handlingfuture coverage claims.
For your protection, all requests made under /nit section must be in writing and must include your
notarized signature to establish you? identity. '-Where permitted by law, we may charge a
reasonable fee to cover the costs incurred in responding to such requests. Please send requests to:
Chief Privacy Officer
Fidelity National Financial, Inc.
601 Riverside Avenue
Jacksonville, FL 32204
Changes to this Privacy Statement
This Privacy Statement may be amended from time to time consistent with applicable privacy laws.
When we amend this Privacy Statement, we will post a notice of such changes on our website. The
effective date of this Privacy Statement, as stated above, indicates the last time this Privacy
Statement was revised or materially changed.
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