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HomeMy WebLinkAbout20022137.tiff ENDORSEMENT Attached to and forming a part of Commitment No . 8052444 C-2 Issued by TRANSNATION TITLE INSURANCE COMPANY Schedule A, Item 1 , Effective date is hereby changed from February 28, 2002 at 7 : 00 A.M. to April 19, 2002 at 7 : 00 A.M. In all other respects, said commitment shall remain the same . Dated: May 01 , 2002 TRANSNATION TITLE INSURANCE COMPANY : Wanda L. Calhoon Authorized Signature SELLER: Jensen, Guy D. —IUYER/BORROWER: To Be Determined _'ROPERTY ADDRESS : Vacant Land SLS/klk 2002-2137 TRANSNATION TITLE INSURANCE COMPANY 1113 Tenth Avenue Greeley, CO 80631 The Bell 5 Land C any 1928 9th Street Greeley, CO 80631 Attn: Kirk Goble Order No. 8052444 C-2 March 07, 2002 RE : To Be Determined/Jensen, Guy D. Vacant Land This revised commitment reflects changes to the following items : Effective Date We are pleased to have the opportunity to be of service . If you have any questions or changes, please contact Melinda Baessler at 970-352-2283 cc : Transnation Title Insurance Company Attn: Melinda/Escrow Manager TRANSNATION TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A Commitment No. : 8052444 C-2 1 . Effective Date : February 28, 2002 at 7 : 00 A.M. 2 . Policy or policies to be issued: Amount Premium A. ALTA Owner' s Policy $TBD $TBD Proposed Insured: To Be Determined B. ALTA Loan Policy $TBD $TBD Proposed Insured: To Be Determined Exam Fee $350 . 00 3 . The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto at the effective date hereof vested in: Guy D. Jensen 4 . The land referred to in this commitment is described as follows : Lot B of Recorded Exemption No. 1311-35-1-RE2303 , recorded April 19, 1999 as Reception No. 2687971, being a part of the E1/2NE1/4 of Section 35, Township 2 North, Range 67 West of the 6th P.M. , County of Weld, State of Colorado. TRANSNATION TITLE INSURANCE COMPANY By Wanda L. Calhoon Authorized Signature Issued: March 07, 2002 WLC/TLF/jd TRANSNATION TITLE INSURANCE COMPANY .ommitment No. : 8052444 C-2 SCHEDULE A - Continued REQUIREMENTS The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule B of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of the clerk and recorder of the county in which said property is located. NOTE: PURSUANT TO SENATE BILL 91-14 (CRS 10-11-122) 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: 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: 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 INCH. THE CLERK AND RECORDER MAY REFUSE TO RECORD OR FILE ANY DOCUMENT THAT DOES NOT CONFORM. A. Release by the Public Trustee of : Deed of Trust from Guy D. Jensen to the Public Trustee of the County of Weld for the use of United Air Lines Employees' Credit Union to secure $185, 600 . 00 dated May 1, 2000 recorded May 9, 2000 as Reception No. 2766851 . B. Deed from Guy D. Jensen to grantee (s) to be determined. NOTE: This commitment is subject to such other and further requirements as may be necessary when the name or names of the grantee are disclosed to the Company. C. Deed of Trust from borrower (s) to be determined to the Public Trustee of the County of Weld for the use of lender to be determined to secure amount to be determined. Page 2 TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8052444 C-2 SCHEDULE B 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: 1 . 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 theretofore 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 this Commitment . Note: The above exception will not appear on policies where closing and settlement has been performed by the company. 6 . a. 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 . b. Any and all unredeemed tax sales, if any. Note :Upon receipt of a Certificate of Taxes Due evidencing that there are no existing open tax sales, the above exception 6b will not appear on the policy to be issued hereunder. Note: PURSUANT TO CRS 10-11-122 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 MAY BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; (C)SUCH DISTRICTS REGARDING MAY BE OBTAINEDCIAL F OMDTHERB0TS ARD AND THE BOUNDARIES OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. Page 3 TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8052444 C-2 SCHEDULE B - Continued EXCEPTIONS 7 . Rights of way, whether in fee or easement only, for county roads 30 feet wide on each 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 . Terms, agreements, provisions, conditions and obligations as contained in Agreement by and between Joseph Vogl, James F. Jackson and George H. Burge recorded July 7, 1909 in Book 298 at Page 308 . 9 . Reservations by the Union Pacific Railroad Company of (1) all oil, coal and other minerals underlying subject property, (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 October 18, 1909 in Book 233 at Page 251, and any interests therein or rights thereunder. 10 . Right to maintain and operate its railroad in its present form of construction and to make any change in the form of construction or method of operation of said railroad, as reserved by Union Pacific Railroad Co. in the deed recorded October 18, 1909 in Book 233 at Page 251 . 11 . Access road as a means of ingress and egress to and from the adjoining Lot A of Recorded Exemption 1311-35-1-RE40, recorded April 12, 1973 in Book 689 as Reception No. 1611058, the present access road located on and across Lot B, leading from Weld County Road 14 1/2 , across said Lot A and Lot B, as reserved by Fort Lupton State Bank in the deed to Robert L. McPeek and Harleen McPeek, recorded June 15, 1984 in Book 1033 as Reception No. 1970588 . 12 . Easement for the purpose of a spill ditch from Sand Hill Reservoir to the Little Dry Creek as contained in the Deed from Donald H. Bates and Ruth Ann Bates to Ernest M. Delk and Nancy L. Delk, recorded May 31, 1972 in Book 669 as Reception No. 1590647, As more particularly described in said instrument . 13 . Right of way, whether in fee or easement only, for pipe line and appurtenances, as granted to Colorado Interstate Corporation by instrument, recorded December 11, 1972 in Book 681 as Reception No. 1603319, affecting the following described property: As more particularly described in said instrument . Page 4 TRANSNATION TITLE INSURANCE COMPANY Commitment No. : 8052444 C-2 SCHEDULE B - Continued EXCEPTIONS 14 . Right of way, whether in fee or easement only, for a pipe line, as granted to Panhandle Eastern Pipe Line Company, a Delaware corporation, consisting of Ernest M. Delk and Joe J. Satterfield by instrument, recorded January 31, 1975 in Book 731 as Reception No. 1653175, affecting the following described property: As more particularly described in said instrument . 15 . Right of way, whether in fee or easement only, for Panhandle Eastern Pipe Line Company, as granted to The Green Meadow Turf Company of Colorado, a General Partnership, consisting of Ernest M. Delk and Joe J. Satterfield by instrument, recorded April 14 , 1975 in Book 736 as Reception No. 1658015, affecting the following described property: As more particularly described in said instrument . 16 . Right of way, whether in fee or easement only, for a pipe line and appurtenances, as granted to Panhandle Eastern Pipe Line Company by Green Meadow Turf Company, a Colorado corp. , recorded Octboer 16, 1980 in Book 917 as Reception No. 1839039, affecting the following described property: As more particularly described in said instrument . 17 . Slate Ditch, Future Right of Way reserved for Weld County Road 23 and Notes, as shown on Recorded Exemption No. 1311-35-1-RE2303 recorded April 19, 1999 as Reception No. 2687971 . Page 5 TRANSNATION TITLE INSURANCE COMPANY 2ommitment No. : 8052444 C-2 SCHEDULE B - Continued EXCEPTIONS NOTE: The following notices pursuant to CRS 9-1 . 5-103 concerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the property. (a) Mountain Bell Telephone Company, recorded October 1 , 1981 in Book 949 as Reception No. 1870705 . (b) Panhandle Eastern Pipe Line Company, recorded June 26, 1986 in Book 1117 as Reception No. 2058722 . (c) United Power, Inc. , formerly Union Rural Electric Association, Inc. , recorded January 24, 1991 in Book 1288 as Reception No. 02239296 . (d) Public Service Company of Colorado, recorded November 9, 1981 in Book 952 as Reception No. 1874084 . (e) Associated Natural Gas, Inc. , recorded April 10, 1989 in Book 1229 as Reception No. 2175917 . (f) Colorado Interstate Gas Company, recorded August 31, 1984 in Book 1041 as Reception No. 1979784 . Page 6 ISSUED BY TRANSNATION TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE Transnation TRANSNATION TITLE INSURANCE COMPANY, an Arizona corporation, herein called the Company, for a valuable consideration,hereby 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 covered hereby in the land described or referred to in Schedule A,upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. 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 hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate 120 days after the effective date hereof or when the policy or policies committed for shall be issued,whichever first occurs,provided that the failure to issue such policy or policies is not the fault of the company. IN WITNESS WHEREOF,TRANSNATION TITLE INSURANCE COMPANY has caused its Corporate Name and Seal to be hereunto affixed;this instrument,including Commitment,Conditions and Stipulations attached,to become valid when coun- tersigned by an Authorized Officer or Agent of the Company. TRANSNATION TITLE INSURANCE COMPANY jr.1/4\1lE I NSI/,p4yff `� Attest: ()Awed G / 4 :':: ti � By.Secretary President 'Ap �`IZ�� Conditions and Stipulations I. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect,lien,encumbrance,adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof,and shall fail to disclose such 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 and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a)to comply with the requirements hereof, or(b)to eliminate exceptions shown in Schedule B,or(c)to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions,the Conditions and Stipulations,and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. 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. PA 3 American Land Title Association Commitment-1966 Cover Page Form 1004-248 ORIGINAL Hello