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HomeMy WebLinkAbout20083057.tiff WARRANTY DEED • THIS DEED, made on08/12/04 between Dyecrest Dairy Limited Liability Company, a Colorado Limited Liability Company who took title as Dyecrest Dairy, LLC, a Colorado Limited Liability Company of the County of Larimer and State of Colorado grantor, and Robert L. Buderu9 whose legal address le 2932 East Vine Drive Fort Collins, CO 90524 of the County of Larimer and State of Colorado , q xe WITN6s9ETH, that the grantor, for and consideration of the eam of Four hundred thirty nine thousand four hundred fifty dollars and no cents COLLAR the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold a conveyed, and by these presents does grant, bargain, sell, convey and conform u o ti grantee, hie heirs and assigns forever, all the real property, together with improvements, any, situate, lying and being in the County of Weld and State of Colorado described as follow LOt B Of Recorded Exemption NO. 0705-05-3-RE-3684, being a portion of the 5 1/2 of Section 5, Township 7 North, Range 67 West of the 6th P.M., as per the map recorded February 18, 2004 at Reception No. 3154844, County of Weld, State of Colorado. as known by street and numbers as: TBD TOGETHER with all and singular the hereditamente and appurtenances thereto belonging, in anywise appertaining and the reversion and reversions, remainder and remainders, rent, issues and profits thereof, and all the estate, right, title, m oerest, and dome] whatsoever of the grantor, either in law or equity, of, in and to the above bargain, premises, with the hereditamente and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, wyth CI appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for farce]. his heirs, and personal representatives does covenant, grant, bargain, and agree to and w the grantee, his heirs and assigns, that at the time of the ennealing and delivery of the, s pr he is well seized of the premises above conveyed, sure,had good, s perfect, olu' and indefeasible estate of inheritance, in law, in fee simple and has good right, full pow, and lawful authority to grant, bargain, sell and convey the same in mannerand form aforesaid, and that the same e free and clear from all former and other grants, bargain, _ sales liens, taxes, assessments, encumbrances and restrictions of whatever kind• or au soever, except for general taxes and assessments for the year 2004 and nano subsequent years; and subject CO easements, covenants, reservations, restrictions and rights of way of record. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in tl quiet and peaceable possession of the grantee, his heirs and assigns, against all an eve: person or persona lawfully claiming the whole of any part thereof . The singular number ea include the plural, the plural the singular, and the use of any gender shall be applicable all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. a V Op Dyecrest Dairy Limited 14ebility Company ���� pH 9.Colorado Limited Liability CompanyraHe tO p i tQv12- " ��' Dyecrest Dairy, LLC, a Colorado Limited Liability Company STATE OF Colorado } as. County of Larimer The foregoing instrument was acknowledged before me this 12 day of August 2004 by Terence Manager sn Dyecre ,t Dairy,,+1�LL``C/olO ra Li SCQd L;aC icy Cam kapAN_ Witness hand and offi 1 seal. My COMM3.elelian expires 11/ 4-0? O Notary Public s?:r, e. � Beth Ann Allbrooks 2a. 4 F o s dNs-r aasn aa TITLE chasm COLO awdIFor n,c Record) PPCD' • 2008-3057 NORTH AMERICAN TITLE COMPANY 712 Whalers Way, Bldg. A, Suite 100 • Fort Collins, CO 80525 Phone : (970) 282-8800 Fax: (970) 282-4453 Beth Ann Allbrooks , YOUR CLOSER, CAN BE REACHED AT 970 -282-8800 Susan L. May , YOUR TITLE OFFICER, CAN BE REACHED AT (970) 484-6803 OUR FILE NO: FSS 236586 C-4 ISSUEDATE: 03/11/04 PROPERTY ADDRESS: TED REFERENCE ft: Dyecrest/Buderu DELIVER TO: Prudential Prime Properties Hasler, Fonfara & Maxwell 3665 SFK Parkway, Bldg. 1, Suite 100 125 S . Howes, 6th Floor Fort Collins, CO 80525 Fort Co1'._ns, CO Tom Smc.th T_m Hasler 970-226-5511 (970) 493-5070 973-226-3723 (970( 493-9703 Dyecrest Dairy, LLC • 1137 N. County Line Road Fort Collins, CO 80528 Robert L. Buderus Prudential Prime Properties 2932 East Vine Drive 3665 SFK Parkway, Bldg . 1, Suite 1'0 Fort Collins, CO 80524 Fort Collins, CO 80525 Closing Coordinator North American Title Company 7_2 Whalers Way, Bldg. A, Suite 102 Fort Collins, CO 80525 Beth Allbrooks (970) 282-8800 (970) 282-4453 THANK YOU FOR GIVING US THE OPPORTUNITY TO SERVE YOU • ■■NORTH AMERICA AINTITLE ■■COMPANI Like Clockwork— Lit NORTI1 NO AMERICAN 'TITLE ■■OMPANY • Like Cbockwcrk• THIS C0IYGYIITWENT this BEEN UPDATED AS L\DIC4TED BELOW. SCHEDULE A Endors .menu added: Endorsemems deleted: Len! Description amended Lender added/amended Lender Clause amended Loan Amount Premium .Proposed :nsured 3uver) Sales ?rice Second :ender added/amended • Vested ow"e• SCHEDULE B -SECTION 1 Requirements added: Requirements deleted: SCHEDULE B -SECTION? Exceptions added: Exceptions deleted: OTHER • T1; ,700SL%G .VOR:,Y�.LIERJCJ.b" 7,TLc A% , r.ctIll Language Commitment • COMMITMENT FOR TITLE INSURANCE ISSUED BY NORTH AMERICAN TITLE COMPANY OF COLORADO NORTH AMERICAN TITLE COMPANY 712 WHALERS WAY, SLOG A, SUITE 1CC FORT COLLINS. COLORADO 80525 (970) 282-8800 FAX 970)282--1453 AGREEMENT TO ISSUE POLICY NORTH AME,PICAN _.T' E NSURANCC CC.MPANY_ reierrec to in :his C.:mmitment as '"e Comoany, througn .ts agent. centmec zcdve. telerrec :a in 'his ,Agreement as :he Agent. ag:ees to issue a Policy :0 you accorDing to the terms or this .Commitment. •Nhen we snow Me colic/amount and your name as the procosed Insurec In 3cnecwe A. :his Commitment becomes effective as at he Commitment Cate snown in Scneouie A. If the Recuirements snown in this Commitment nave not aeen met Nithin six months after the • Commitment Cate. our obligation under his Commitment will end.Also, our obligation under this Commitment will end when the Policy is :ssued and then our aoiigation to you will be uncer the Policy. Cur obligation under this Commitment :s limited by he following: The Provisions In Schedule A. The Recuirements in Schedule 3-1. The Exceptions in Schedule 3-2. The Conditions on the other side of this page 1. This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B. NORTH AMERICAN TITLE INSURANCE COMPANY BY ` SE-E-Air . "age CONDITIONS 1. DEFINITIONS • (a) "Mortgage"means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section 2 may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section 1 are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B - Section 1 or eliminate with our written consent any Exceptions shown in Schedule B - Section 2. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and cur liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT • Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms. NORTH f TERICAN TITLE I.NSURAN& . COMPANY COMMITMENT FOR TITLE INSURANCE • SCHEDULE A I. EFFECTIVE DATE.: 07/x1/04 .-IT7:30 .4.,N. FILE NO. PEE 236586 C-4 2. POLICY OR POLICIES TO BE ISSUED: PREMIUM (A) ALTA Owner' s AMOUNT.: $ 439, 450 . 00 5 563 . 00 PROPOSED INSURED: Robert L. Buderus PREMIUM (B) ALTA LOAN POLICY AMOUNT: $ $ PROPOSED INSURED: PREMIUM M (C) ALTA LOAN POLICY AMOUNT: $ S PROPOSED INSURED: PREMIUM !PAS CALCULATED A TA Builder Rate ADDITIONAL CHARGES: • Tax Statement Fee TOT-IL: S 583 . 03 3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS COMMITMENTAND COVERED HEREIN IS FEE SIMPLE AND TITLE THERETO IS AT THE EFFECTIVEDATE HEREOF VESTED IN: Dyecrest Dairy, LLC, a Colorado Limited Liability Company 4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS: Lot B of Recorded Exemption No. 0705-05-3-RE-3684 , being a portion of the S 1/2 of Section 5, Township 7 North, Range 67 West of the 6th P.M. , as per the map recorded February 23, 2004 at Reception No. 3154344 , County of Weld, State of Colorado. ISSUED B1: FOR INFORMATIONAL PURPOSES: NORTH AMERICAN TITLE COMPANY OFCOLORADO TED BY: Susan L. May O*°' • ISSUED DATE: 03/1 1/04 sm:ma COMMITMENT File No. FEB 236536 c-4 SCHEDULE B - SECTION I • REQUIREMENTS The following are requirements to be complied with prior to the issuance of said policy or policies: A. Payment to or for the account of the grantors or mortgagors of 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 unless otherwise noted, all documents must be recorded in the office of the clerk and recorder of the county in which said property is located. C. Partial Release of Deed of Trust from Dyecrest Dairy, LLC to the Public __ --ee of Weld County for the benefit cf Bank of Colorado to secure an indebtedness in the principal sum of $700, 000. 00, and any other amounts and/or obligations secured thereby, recorded May 3, 2004 at Reception No. 3170'010. D. Partial Release of Deed of Trust from Dyecrest Dairy, LLC to the Public Trustee of Weld County for the benefit of Bank of Colorado to secure an indebtedness in the principal sum of $2, 000, 000.00, and any other amounts and/or obligations secured thereby, recorded May 3 , 2004 a: R__ _ -__n No . 3176012. E. Partial Release of the Deed of Trust from Dyecrest Dairy, LLC a Colorado Limited Liability Company to the Public Trustee of Weld County for the • benefit of Bank of Colorado to secure an indebtedness in the orincioal sum of 52, 100, 000 . 00, and any other amounts and/or obligations secured thereby, dated .April 22, 2004 and recorded April 28, 2004 at Reception No. 20040039495 (Larimer County) and May 21, 2004 at Reception No. 3182355 )Weld County) . F. Partial Release of the Deed of Trust from Dyecrest Dairy, LLC and a Colorado Limited Liability Company to the Public Trustee of Weld County fof the benefit of Bank of Colorado to secure an indebtedness in the principal sum of $700, 000 . 00, and any other amounts and/or obligations secured thereby, dated April 22, 2004 and recorded May 3, 2004 at Reception No . 3176010 (Weld County) and May 21, 2004 at Reception No. 20040048858 (Larimer County) . G. Partial Release of the Deed of Trust from Dyecrest Dairy, LLC a Colorado Limited Liability Company to the Public Trustee of Larimer County for the benefit of Bank of Colorado to secure an indebtedness in the principal sum of $2, 000, 000 . 00, and any other amounts and/or obligations secured thereby, dated and recorded May 21, 2004 at Reception No. 20040048860 (Lar' mer County) . (continued) • SCHEDULE E - SECTION 1 Requirements (ccnt' d) File FES 236586 C-4 • H. Warranty Deed sufficient to convey the fee simple estate or interest in the land described or referred to herein, to the Proposed Insured. I . Payment of all taxes and assessments now due and payable. A tax certificate has been ordered. C. Evidence satisfactory to North American Title Company of Colorado that all assessments for common expenses due under the Declaration of Covenants are paid through the date of closing (if applicable) . K. Execution of the Company' s lien affidavit by the Owners) . In the event the -__. affidavit discloses the existence of new construction on the property within the past 6 months or plans for the commencement of new construction, additional requirements may be made. • • COM,YIITMENT File No. ESs 236586 • SCHEDULE B - SECTION 1 Notes NOTE: PURSUANT TO C.R.S. 30-10-406(3)(a) 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 REQUIREMENTS OF THIS PARAGRAPH. NOTE: IF THIS TRANSACTION INCLUDES A SALE OF THE PROPERTY AND THE SALES PRICE EXCEEDS $100,000.00. THE SELLER MUST COMPLY WITH THE DISCLOSURE/WITHHOLDING PROVISIONS OF C.R.S. 39-22-604.5 (NONRESIDENT WITHHOLDING). NOTE: PURSUANT TO SENATE BILL 91-14 (C.R.S. 10-11-1222), 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. NOTE: PURSUANT TO SENATE SILL 91-14 (C.R.S. 10-I1-122) NOTICE IS HEREBY GIVEN THAT: (A) THE SUBJECT PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; (B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED \GENT; (C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FRONT THE BOARD OF COUNTY CO:NIMISSIONERS,THE COUNTY CLERK AND RECORDER. OR THE COUNTY ASSESSOR. NOTE: PURSUANT TO C.R.S. 38-35-125(2) 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 WITHDRAWAL AS A MATTER OF RIGHT... NOTE: PURSUANT TO C.R.S. 10-11-123 NOTICE IS HEREBY GIVEN: (A) THAT THERE IS RECORDED EVIDENCE THAT A MINERAL ESTATE HAS BEEN SEVERED, LEASED, OR OTHERWISE CONVEYED FROM THE SURFACE ESTATE AND THAT THERE IS 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. A copy of the attached Privacy Policy Notice is to be provided to all parties involved i❑ this transaction. • UNORTH AMERICAN TITLE • ■COMPANY FOR YOUR CONVENIENCE, NORTH AMERICAN TITLE'S WIRING INSTRUCTIONS ARE AS FOLLOWS: Wire To: WELLS FARGO BANK WEST, N.A. FORT COLLINS P.O. BOX 5247 DENVER, COLORADO ABA# : 102 000 076 Credit To: NORTH AMERICAN TITLE COMPANY OF COLORADO, FORT COLLINS Account # : 1015385956 Please Reference : COMMITMENT NUMBER BORROWER' S NAME PROPERTY ADDRESS • • COMMITMENT File No. FE 236586 C-4 SCHEDULE B - SECTION 2 • EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: I. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose, and which are 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 the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by the Commitment. 6. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. • 7. Water rights, claims or title to water, whether or not shown by the public records. 8 . Intentionally deleted. 9 . Eights of Way for county roads 30 feet on either side of section and township lines, as established by the Board of County Commissioners for Weld County, recorded October 14, 1889, in Book 86 at Page 273 . (continued) • Schedule B - Section 2 Commitment (NA) SCHEDULE B, PART 2 - Ext .tions (cont' d) File No. F5S .36586 C-4 • 10 Reserving to said Union Pacific Railroad Company, its successors and assigns, (1) all oil, coal and other minerals, within or underlying said lands; (2) the exclusive right co prospect in and upon said land, for oil, coal and other mineral_ therein or which may be supposed to be therein and to mine for and remove from saic land, all oil, coal, and other minerals therein or which may be supposed to be therein and co mine for and remove from said land, all oil, coal, and other minera' which may be found thereon by anyone; (3) the right of ingress and regress upon said land to prospect for mine and remove any and all such oil, coal and other minerals, and the right to use so much of said land as may be convenient or necess for the right of way to and from such prospect places or mines, and for the convenient and proper operation of such prospect places, mines, and for roads, and approaches thereto or for removal therefrom of oil and coal, mineral, machinery cr other material; (4) the right of said Union Pacific Railroad Company to maintain and operate its railroad in its present form of construction, and to make any chanc in the form of construction, or method of operation of said railroad all as resery in Deed recorded November 3 , 1906, in Book 233 at Page 58 . 11 . Intentionally deleted. 12 . Intentionally deleted. 13 . Intentionally Deleted. • 14 . Terms, conditions, provisions, agreements, and obligations specified under the Resolution recorded January 14 , 1992 at Reception No. 2275146 . • 15 . Intentionally deleted. 16 . All easements and notes on the recorded plat of Recorded Exemption No. 0705-05-3-RE-3684 . NOTE: Upon verification of payment of all prior years taxes, Exception No. 6 will be amended to read as follows : Taxes and assessments for the year 2004 and subsequent years, a lien, not yet due payable. • NOTICE TO PROSPECTIVE BUYERS OF SINGLE FAMILY RESIDENCES • (PURSUANT TO INSURANCE REGULATION 3-5-1) A. "GAP" PROTECTION When North American Title Company of Colorado, (hereinafter referred to as "Company"), is responsible for recording or tiling the legal documents creating the estate or interest to be insured in a single family residence and for disbursing funds necessary to complete the transaction, the Company shall be responsible for any deeds, mortgages, lis-pendens, liens or other title encumbrances which first appear in the public records subsequent to the Effective Date of the Commitment but prior to the Effective Date of the Policy, provided the following conditions are satisfied prior to the Company's disbursement of the funds I. Properly executed documents creating the estate or interest are in the possession of the Company. 2. A fully executed Affidavit and Indemnity form signed by the seller and satisfactory to the Company is in the possession of the Company. No coverage will be afforded against deeds, mortgages, lis pendens, liens or other title encumbrances actually known to the proposed insured prior to or at the time of recordation of the documents. Public Records as used herein means those records established under state statutes for the purpose of imparting constructive notice of deeds, mortgages, lis-pendens, liens or other title encumbrances to purchasers for value and without knowledge. B. MECHANICS' LIEN PROTECTION If you are a buyer of a single family residence, you may request coverage against loss because of unrecorded claims 0 asserted by construction, labor or material suppliers against your home. If no construction, improvements or major repairs have been undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will be payment of the appropriate premium and the execution by the seller of an Affidavit and Indemnity form satisfactory to the Company. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor: payment of the appropriate premium; fully executed Indemnity Agreements satisfactory to the Company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which you have contracted or agreed to pay. 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. 0 Privacy Policy Notice • (as of July I. 2001) We at the North American Title family of companies take your privacy very seriously. We do not share your private information with anyone except as necessary to complete your real property. title insurance and escrow transaction. OUR PRIVACY POLICIES AND PRACTICES 1. Information we collect and sources from which we collect it: We collect nonpublic personal information about you from the following sources: *Information we receive from you on applications or other forms. *Information about your transactions with us, our affiliates or others. *Information from non-affiliated third parties relating to your transaction. "Nonpublic personal information" is nonpublic information about you that we obtain in connection with providing a product or service to you. 2. What information we disclose and to whom we disclose it: We do not disclose any nonpublic personal information about you to either our affiliates or non-affiliates without your express consent. except as permitted or required by law. We may disclose the nonpublic personal information we collect_ as described above. to persons or companies that perform services on our behalf regarding your transaction. "Our affiliates" are companies with which we share common ownership and which offer real property. title insurance. or escrow services. • 3. Our security procedures: We restrict access to your nonpublic personal information and only allow disclosures to persons and companies as permitted or required by law to assist in providing products or services to you. We maintain physical, electronic, and procedural safeguards to protect your nonpublic personal information. I. Your right to access your personal information: You have the right to review your persona! information that we record about you. If you wish to review that information, please contact your local North American office and give us a reasonable time to make that information available to you. If you believe any information is incorrect, notify us, and if we agree, we will correct it. If we disagree, we will advise you in writing why we disagree. 5. Customer acknowledgement: Your receipt of a copy of the preliminary report, commitment. your policy of insurance, or escrow documents accompanied by this Notice will constitute your acknowledgement of receipt of this Privacy Policy Notice. Hello