HomeMy WebLinkAbout20062150.tiff F I\i 1 �® First American Heritage TITLE DEPARTMENT-DELIVERY TRANSMITTAL
I Title Company 1000 Centre Avenue
Fort Collins,CO 80526
Making Tnr acrid W" '1 (970)493-3051 Fax: (970)224-2177
FILE NUMBER: 817-110052551-086-NR,Amendment No.3 DATE: June 7,2006
PROPERTY ADDRESS: vacant,CO
OWNER/BUYER: Sonja Stonestreet/White Wolf,LLC
PLEASE DELIVER TO THE CUSTOMER LISTED BELOW:
TO: First American Heritage Title Company PHONE: (970)223-5160
Fort Collins East Escrow FAX: (970)223-5981
Nina Rutt E-MAIL: nrutt@fahtco.com
2032 Lowe Street#101 NO. OF COPIES: 1
Fort Collins,CO 80525 ROUTING METHOD: deliver
TO: Verkuyl Realty PHONE: (970)229-9157
Don Crego FAX: (970)226-6151
417 Starway Drive E-MAIL:
Fort Collins,CO 80524 NO.OF COPIES: 1
ROUTING METHOD: fax/mail
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TO: PHONE:
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TO: Sonja Stonestreet PHONE:
5429 E.County road 58 FAX:
Fort Collins,CO 80524 E-MAIL:
NO.OF COPIES: 1
ROUTING METHOD: mail
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FAX:
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PLEASE REVIEW THE ENCLOSED MATERIAL COMPLETELY AND TAKE NOTE OF THE FOLLOWING TERMS
CONTAINED THEREIN:
Schedule A:
Schedule BI: Amended Commitment Throughout
Schedule BII:
ABOVE IS A LIST OF CLIENTS TO WHOM THE ATTACHED MATERIALS HAVE.BEEN DELIVERED. SHOULD YOU
HAVE ANY QUESTIONS REGARDING THESE MATERIALS.PLEASE CONTACT FIRST AMERICAN HERITAGE TTTI..E
COMPANY AT THE ABOVE PHONE NUMBER. WE SINCERELY THANK YOU FOR YOUR BUSINESS.
A POLICY-ISSUING AGENT OF FIRST AMERICAN
♦ TITLE INSURANCE COMPANY
2006-2150
AmerTit Company Heritage
Title Company
Making Transactions Personal
Date: June 7, 2006
RE: Buyer/Borrower: White Wolf, LLC
Seller(s): Sonja Stonestreet
Property Address: vacant, CO
File Number: 817-110052551-086-NR,Amendment No. 3
We would like to thank you for choosing First American Heritage Title Company for your title
insurance needs.
Enclosed please find:
• COMMITMENT(s)
❑ CCR'S
❑ SUPPORTING DOCUMENTS
❑ TAX CERTIFICATE to follow from the Escrow Office
Schedule/Tax Parcel Number:
For all of your closing needs,your Escrow Officer is: Nina Rutt: Please feel free to contact your closer at:
(970) 223-5160, fax: (970) 223-5981, email: nrutt@fahtco.com, 2032 Lowe Street#101 Fort Collins,
CO 80525 .
For all of your title and commitment needs,your Title Examiner is: Scott Friedt. Please feel free to
contact your examiner at: (970) 493-3051,fax: (970) 224-2177,email: sfriedt@fahtco.com, 1000 Centre
Avenue Fort Collins, CO 80526 .
Once again,thank you for your business. We look forward to serving all of your tide needs.
Sincerely,
First American Heritage Tide Company
A POLICY-ISSUING AGENT OF FIRST AMERICAN
TITLE INSURANCE COMPANY
06/07/2006 2:12:06 PM kmb SJF File No.: 817-H0052551-086-NR,Amendment No.3
STANDARD
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
First American Heritage Title Company
AS AGENT FOR
First American Title Insurance Company
INFORMATION
The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on
which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title,
subject to the limitations shown in the Policy.
The Company will give you a sample of the Policy form,if you ask.
The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction
may affect the Commitment and the Policy.
The Commitment is subject to its Requirements,Exceptions and Conditions.
THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. YOU SHOULD
READ THE COMMITMENT VERY CAREFULLY. IF YOU HAVE ANY QUESTIONS ABOUT THE
COMMITMENT PLEASE CONTACT THE ISSUING OFFICE.
AGREEMENT TO ISSUE POLICY
First American Title Insurance Company, referred to in this commitment as the Company, through its
agent First American Heritage Title Company, referred to in this Agreement as the Agent, agrees to
issue a policy to you according to the terms of this commitment. When we show the policy amount and
your name as the proposed insured in Schedule A, this commitment becomes effective as of the
Commitment Date shown in Schedule A.
If the Requirements shown in the Commitment have not been met within six months after the Commitment
date,our obligation under this Commitment will end. Also, our obligation under this Commitment will end
when the Policy is issued and then our obligation to you will be under the Policy.
Our obligation under this Commitment is limited by the following:
The Provisions in Schedule A. The Requirements in Schedule B-1.
The Exceptions in Schedule B-2. The Disclosures and Conditions contained in this
Commitment.
This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B attached.
First American Title Insurance Company
,vitE INSG4
By CJ President ter° "';'o .
Al7�' e .c ' •
By Secretary SEPTEINBtR 24,
s ' •
„w
^� 'C4bF09.0..
By Countersigned
06/07/2006 2:12:06 PM kmb SJF File No.: 817-H0052551-086-NR,Amendment No.3
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 mailers affecting the title according
to state law where the land is located.
(c) "Land"means the land or condominium unit described in Schedule A and any improvements on the land
which are real property.
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 public records or are created or attached between the Commitment Date and the date on which
all of the Requirements 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 I 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 our 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.
DISCLOSURES
NOTICE TO PROSPECTIVE OWNERS
(A STATEMENT MADE AS REQUIRED BY COLORADO
INSURANCE REGULATION)
GAP PROTECTION
When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction, the
Company shall be responsible for all matters which appear on the record prior to such time of recording or filing.
MECHANIC'S LIEN PROTECTION
If you are a buyer of a single family residence you may request mechanic's lien coverage to be issued on your policy of insurance.
If the property being purchased has not been the subject of construction, improvements or repair in the last six months prior to the date of
this commitment, the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the
seller.
If the property being purchased was constructed, improved or repaired within six months prior to the date of this commitment, the
requirements may involve disclosure of certain financial information,payment of premiums,and indemnity,among others.
The general requirements stated above are subject to the revision and approval of the Company.
SPECIAL TAXING DISTRICT NOTICE
(A Notice Given In Conformity With Section 10-11-122 C.R.S.)
The subject land may be located in a special taxing district;a certificate of taxes due listing each taxing jurisdiction shall be obtained from
the county treasurer or the county treasurer's authorized agent; and 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.
PRIVACY PROMISE FOR CUSTOMERS
We will not reveal nonpublic personal information to any external non-affiliated organization unless we have been authorized by the
customer,or are required by law.
CONSUMER DECLARATION STATEMENT
This Commitment for Title Insurance may include a Schedule B exception reference to recorded evidence that a mineral estate has been
severed, leased,or otherwise conveyed from the surface estate. If such reference is made,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. The referenced mineral estate may include the
right to enter and use the property without the surface owner's permission.You may be able to obtain tide insurance coverage regarding any
such referenced mineral estate severance and its effect upon your ownership.Ask your title company representative for assistance with this
issue.
First American Heritage Title Company
COMMITMENT
SCHEDULE A
Commitment No: 817-H0052551-086-NR,Amendment No. 3
1. Commitment Date: June 2,2006 at 7:29 A.M.
2. Policy or policies to be issued: Policy Amount
(a) Standard Owners Policy Proposed Insured: $ 500,000.00
White Wolf, LLC,a Colorado Limited Liability Company
3. Fee Simple interest in the land described in this Commitment is owned,at the Commitment Date by:
Sonja Stonestreet
4. The land referred to in this Commitment is described as follows:
Lot A, Recorded Exemption No. 0555-31-4-RE-4258 in the SE 'A of Section 31,Township 8 North,
Range 67 West of the 6th P.M. according to the Map recorded May 25, 2006 at Reception No.
3390960,
County of Weld, State of Colorado.
(for informational purposes only) vacant„ CO
PREMIUM:
Owners Policy $1,409.00
Deletion-Items 1-5 $60.00
Tax Certificate $25.00
06/07/2006 2:12:32 PM kmb SJF
06/07/2006 2:12:06 PM kmb SJF File No.: 817-H0052551-086-NR,Amendment No.3
Form No. 1344-B1 (CO-88)
ALTA Plain Language Commitment
SCHEDULE B— Section 1
Requirements
The following requirements must be met:
a. Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured.
b. Pay us the premiums, fees and charges for the policy.
c. Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent.
d. The Affidavit and Indemnity signed and notarized.
e. The following documents satisfactory to us must be signed,delivered and recorded.:
1. Warranty 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 2a.
2. Indemnity Agreement I.
3. Statement of Authority for White Wolf, LLC, a Colorado Limited Liability Company evidencing the
name of the entity, the type of entity able to acquire title, the mailing address of the entity, the name(s)
and Position(s) of those person(s) able to act on behalf of said entity, including any limitations placed
upon those persons.
The following material, which may not necessarily be recorded, must be famished to the Company to its
satisfaction to-wit:
f. An ALTA/ACSM Land Title Survey in form, content and certification to First American Heritage Title
Co. and First American Title Insurance Co. as may form the basis deletion of Exceptions 2, 3 and 4 from
Schedule B of the owners policy to be issued.
NOTE: Exception may be made to any adverse matters disclosed by the ALTA/ACSM Land Title
Survey.
NOTE: IF THE SALES PRICE OF THE SUBJECT PROPERTY EXCEEDS $100,000.00 THE SELLER
SHALL BE REQUIRED TO COMPLY WITH THE DISCLOSURE OR WITHHOLDING PROVISIONS OF
C.R.S. 39-22-604.5 (NONRESIDENT WITHHOLDING).
06/07/2006 2:12:06 PM kmb SJF File No.: 817-H0052551-086-NR,Amendment No.3
Form No. 1344-B2(CO-88)
ALTA Plain Language Commitment
SCHEDULE B-Section 2
Exceptions
Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction:
1. Taxes and Assessments not certified to the Treasurer's Office.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be
ascertained by an inspection of the land or by making inquiry of persons in possession thereof.
3. Easements, or claims of easements,not shown by public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct
survey and inspection of the land would disclose,and which are not shown by the public records.
5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter famished, imposed by
law and not shown by the public records.
6. All taxes and assessments, now or heretofore assessed,due or payable.
7. Right of way for county road and incidental purposes 30 feet wide on either side of section and township
lines as established by Order of the Board of County Commissioners for Weld County, recorded October
14, 1889 in Book 86 at Page 273.
8. Reservations by the Union Pacific Railroad Company of(1) oil, coal and other minerals underlying the
land, (2) the exclusive right to prospect for, mine and remove oil, coal and other minerals, and (3) the
right of ingress and egress and regress to prospect for, mine and remove oil,coal and other minerals, all as
contained in Deed recorded on April 9, 1906 in Book 233 at Page 24,and any and all assignments thereof
or interests therein.
9. Right of way for Cactus Hill Ditch as evidenced by Statement filed in the Weld County Clerk &
Recorder's Office, insofar as the same may affect subject property.
10. Right-of-way easement for Electric line or system and incidental purposes as granted to Poudre Valley
Rural Electric Association, Inc., a Colorado Corporation by instrument recorded May 5, 1997 in Book
1604 as Reception No. 2546546, said right-of-way easement not being specifically defined.
11. Water rights, claims or title to water,whether or not shown by the public records.
12. All matters shown on the map of subject property recorded May 8, 2000 at Reception No. 2766550 and
the map recorded May 25, 2006 at Reception No. 3390960.
13. Terms, conditions, provisions, agreements and obligations contained in the Memorandum of Agreement
recorded on April 20, 2006 at Reception Number 3380788.
-
BARGAIN AND SALE DEED
WHITE WOLF, LLC, a Colorado limited liability company, for Ten Dollars ($10) and
other good and valuable consideration, in hand paid, hereby grants, bargains, sells and conveys
to WATERFORD HILL HOMEOWNERS ASSOCIATION, a Colorado nonprofit corporation,
whose address is 1719 E. Mulberry, Fort Collins, CO 80524, the real property, with all its
appurtenances, located in the County of Weld, State of Colorado, legally described as follows:
OUTLOTS A, B, C, D AND E, WATERFORD HILL PUD, ACCORDING TO
THE RECORDED PLAT THEREOF, COUNTY OF WELD, STATE OF
COLORADO
SIGNED this 9 day of O71/1?"' , 2006.
WHITE WOLF, LLC,
a Colorado limited liability company
By: 217/-17----________
Mary n A. Barstow, Manager
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this Q' 4" day of
/ , 2006, by Marvin A. Barstow, Manager of WHITE WOLF, LLC, a Colorado
limited liability company.
Witness my hand and official seal.
My commission expires: `a^ O 6-ak •
Notary ub c
BARGAIN AND SALE DEED
WHITE WOLF, LLC, a Colorado limited liability company, for Ten Dollars ($10) and
other good and valuable consideration, in hand paid, hereby grants, bargains, sells and conveys
to WATERFORD HILL HOMEOWNERS ASSOCIATION, a Colorado nonprofit corporation,
whose address is 1719 E. Mulberry, Fort Collins, CO 80524, a non-exclusive perpetual easement
sixty feet (60') in width over, across and upon the real property described and designated as
Tract A on the Plat of Waterford Hill PUD recorded in the office of the Clerk and Recorder of
Weld County, Colorado ("the Roads"); subject to the following exception and reservation: The
Grantor hereby expressly excepts from this conveyance and reserves to itself and its successors
and assigns forever a non-exclusive perpetual easement sixty feet (60') in width over, across and
upon the Roads to provide access to any and all of the real property legally described as Lot B,
Recorded Exemption No. 0555-31-4 RE-4258 ("Lot B"). Use of the Roads by the Grantor, its
successors and assigns, shall not be limited to present uses of Lot B but may be expanded in the
event of the subdivision of Lot B.
SIGNED this `7/ day of 37)/) Cc) 2006.
WHITE WOLF, LLC,
a Colorado limited liability company
By:
M rvin A. Barstow, Manager
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
7L�
The foregoing instrument was acknowledged before me this q day of
2006, by Marvin A. Barstow, Manager of WHITE WOLF, LLC, a Colorado
1' ited liability company.
Witness my hand and official seal.
My commission expires: /O9 'CG,O 5 .
1/29e/flick_
Not ublic
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