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Home My WebLink About20020825.tiff . e•"'.. "."'N Pile l UO89876A01 ,-1 Security Title Guaranty Co. - 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. TABLE OF CONTENTS Page AGREEMENT TO ISSUE POLICY 1 SCHEDULE A 1. Commitment Date 2 2. Policies to be Issued, Amounts and Proposed Insureds 2 3. Interest in the Land and Owner 2 4. Description of the Land 2 SCHEDULE B-1 -- Requirements 3 SCHEDULE B-2-- Exceptions 4 CONDITIONS 1-A YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. If you have any questions about the Commitment, please contact the issuing office. VIPASTJT 2002-0825 Filet UO89876A0I Form No.1343(CO-87) ALTA Plain Language Commitment COMMITMENT FOR TITLE INSURANCE ISSUED BY SECURITY TITLE GUARANTY CO. agent for FIRST AMERICAN TITLE INSURANCE COMPANY AGREEMENT TO ISSUE POLICY FIRST AMERICAN TITLE INSURANCE COMPANY, referred to in this Commitment as the Company,through its agent,Security Title Guaranty 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 this Commitment have not been met within six months after the Commitment date, our obligation under this Commitment will end. Also our obligation under this Commit- ment 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 Conditions on page 1-A. This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B. First American Title Insurance Company T1 E IN so BY (7/44PRESIDENT Q • UoaPog4 • m E z m • n • v : N SEPTEMBER 24, , a in b� • 1888 • BY ing4 ,L ��> i SECRETARY 4 Ce IFORN\px! BY f 1 �� COUNTERSIGNED ^ Fled UO89s76A01 • 'SECURITY TITLE GUARAN FY CO. 3690 W 10th Street,2nd Floor•Greeley,CO 80634•Phone:(970)356-3200•FAX: (970)356-4912 COMMITMENT SCHEDULE A Commitment No: U089876A01-2 1. Commitment Date: December 21, 2001 at 8: 00 A.M. 2. Policy or Policies to be issued: Policy Amount (a) Owners Policy - Proposed Insured: $ 1,441, 920. 00 KB Home Colorado, Inc. (b) Loan Policy - Proposed Insured: $ 1,251,297.45 Parkwood Properties LLC and Bromley 132, LLC as their interests may appear 3. Fee Simple interest in the land described in this Commitment is owned, at the Commitment Date by: Parkwood Properties, LLC and Bromley 132, LLC, as their interests may appear 4. The land referred to in this Commitment is described as follows: �-. Lots 17 through 28, and 37 through 81, Block 1; Lots 1 through 8, Block 3;. Lots 1 through 16, Block 8; Lots 1 through 16, Block 9; Lots 1 through 16, Block 10; Lots 1 through 15, Block 11, and Lots 1 through 23, Block 13, inclusive, according to the plat for Idaho Creek Subdivision recorded on November 16, 2001 at Reception No. 2901397 in the records of the Clerk and Recorder of Weld County, Colorado, County of Weld, State of Colorado. (for informational purposes only) Vacant Land PREMIUM: Owner's Policy $ 1,479.00 Mortgage Policy $ 70. 00 Tax Certificate $ 40.00 01/16/02 08: 18:15 jh RM1133 urcocn 01/16/02 08:18: 16 jh RM1133 �•• n File# UOE9876A01 NOTICE TO PROSPECTIVE OWNERS (A STATEMENT MADE AS REQUIRED BY COLORADO i-. 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 customer 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 a 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 „..02nermission. You may be able to obtain title insurance coverage regarding any such ferenced mineral estate severance and its effect upon your ownership. Ask your title company representative for assistance with this issue. 01/16/02 08: 18: 18 jh RM1133 Fuca UO89876po1 • Form No. 1344-B1 (00-88) ALTA Plain Language Commitment SCHEDULE B - Section 1 Order No. UO89876A01-2 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 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. NOTE: IF THE SALES PRICE OF THE SUBJECT PROPERTY EXCEEDS $100, 000.00 THE SELLER BALL BE REQUIRED TO COMPLY WITH THE DISCLOSURE OR WITHHOLDING PROVISIONS OF C.R.S. -22-604.5 (NONRESIDENT WITHHOLDING) . n 01/16/02 08: 18:19 jh RM1133 ^ �� File# UO69876A01 • Form No. 1344-B2 (CO-88) ALTA Plain Language Commitment SCHEDULE B - Section 2 Order No. UO89876A01-2 Exceptions Any policy we issue mill 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 furnished, imposed by law and not shown by the public records. � 6. Any and all unpaid taxes, assessments and unredeemed tax sales. Mr An undivided one-half interest in all oil, gas and other minerals as reserved by J.P. Camenisch and Mary M. Camenisch in Deed recorded July 3, 1972 in Book 671 at Reception No. 1592875, and any and all assignments thereof or interests therein. 8. An undivided one-half interest in all oil, gas and other minerals as reserved by J.P. Camenisch and Mary M. Camenisch in Deed recorded July 3, 1972 in Book 671 at Reception No. 1592877, and any and all assignments thereof or interests therein. 9. An easement for a pipe line and incidental purposes granted to Panhandle Eastern Pipe Line Company by the instrument recorded December 17, 1975 in Book 755 at Reception No. 1676951. 10. An easement for a water pipeline and incidental purposes granted to Left Hand Water District by the instrument recorded December 21, 1994 in Book 1472 at Reception No. 2419820. 11. An easement for a water pipeline and incidental purposes granted to Left Hand Water District by the instrument recorded July 18, 1995 in Book 1502 at Reception No. 2447098. 12. Terms, conditions, provisions, agreements and obligations specified under the Road Maintenance and Improvement Agreement by and between County of Weld, State of Colorado and Western Dairymen Cooperative Inc. recorded January 15, r 1998 at Reception No. 2589476. --Continued 01/16/02 08:18:20 jh RM1133 ^ "°"'N File U089876A01 Form No. 1344-B2 (CO-88) . ' ALTA Plain Language Commitment Schedule B - Section 2 continued Order No. UO89876A01-2 13 . Terms, conditions, provisions, agreements and obligations specified under the Agreement by and between Rural Ditch Company and Clay Carlson recorded July 12, 1999 at Reception No. 2706140. 14. An easement or right of way for the Rural Ditch as shown on Zone District Map recorded December 1, 1999 at Reception No. 2735734. 15. Any rights, interest or easements in favor of the United States, the State of Colorado or the Public, which exists or are claimed to exist in and over the present and past bed, banks or waters of Idaho Creek, as shown on Zone District Map recorded December 1, 1999 at Reception No. 2735734. 16. An Oil and Gas Lease, from J. P. Camenisch and Mary M. Camenisch as Lessor(s) to Pan American Petroleum Corporation as Lessee(s) dated December 31, 1970, recorded February 16, 1971 in book 640 at Reception No. 1562238, and any and all assignments thereof or interests therein. ✓19. An Oil and Gas Lease, from David E. Camenisch and Gloria F. Camensich as Lessor(s) to Amoco Production Company as Lessee(s) dated July 8, 1972, • recorded August 16, 1972 in Book 674 at Reception No. 1595713, and any and all �•-. - assignments thereof or interests therein. 18. An easement for sanitary sewer lines and incidental purposes granted'to St. Vrain Sanitation District by the instrument recorded March 29, 2001 at Reception No. 2836240. 19. Terms, conditions, provisions, agreements and obligations specified under the Improvements Agreement by and between The County of Weld, State of Colorado and KB Home of Colorado, Inc. recorded October 29, 2001 at Reception No. 2855662 . 20. Reservation of the full remaining interest in and to all oil, gas and other minerals by Parkwood Partners and Bromley 132, LLC in Warranty Deed to be recorded. NOTE: Upon receipt and approval of a relinquishment of all surface rights by the seller herein Form 100.31 will be issed with the Final Policy. 21. Terms, conditions, provisions, agreements and obligations specified under the Revised Water Tap Purchase Agreement by and between Left Hand Water District and Parkwood Properties, LLC and Bromley 132, LLC recorded October 1, 2001 at Reception No. 28861829. CONTINUED r 01/16/02 08:18:22 jh RM1133 �^ i••• File M UO89876A01 Form No. 1344-B2 (CO-88) ALTA Plain Language Commitment Schedule B - Section 2 continued Order No. UO89876A01-2 22. Terms, conditions, provisions, agreements and obligations specified under the Revised Subdivision Service Agreement by and between Left Hand Water District and Parkwood Properties, LLC and Bromley 132 LLC recorded October 1, 2001 at Reception No. 2888130. 23. Terms, conditions, provisions, agreements and obligations specified under the Revised Line Reimbursement Agreement by and between Left Hand Water District and Parkwood Properties, LLC and Bromley 132, LLC recorded October 1, 2001 at Reception No. 2888131. 24. Terms, conditions, provisions, agreements and obligations specified under the Surface Use Agreement and Easement by and between Kee-McGee Rocky Mountain Corporation and Bromley 132, LLC, and Parkwood Properties, LLC, et ao recorded October 22, 2001 at Reception No. 2893758. 25. The following items as set forth on the plat of Idaho Creek Subdivision, to-wit: a. General Notes. .-. b. Easements for drainage, utilities, access and incidental purposes. c. Encroachment of Lots 6 and 7, Block 1, and Lots 7 and 8, Block 6, into 250 foot oil well setback. 26. Terms, conditions, provisions, agreements and obligations specified under the Assignment by and between Parkwood Properties, LLC, Bromley 132, L.L.C. and KB Home Colorado Inc. and Left Hand Water District recorded December 7, 2001 at Reception No. 2907128. 27. Covenants, conditions, restrictions, reservations and lien rights, which do not include a forfeiture or reverter clause, set forth in the Declaration, recorded December 7, 2001 at Reception No. 2907131. 28. Terms, conditions, provisions, agreements and obligations specified under the Memorandum of Agreement by and between Parkwood Properties, LLC and Bromley 132, L.L.C. and KB Home Colorado Inc. recorded December 7, 2001 at Reception No. 2907132. Upon completion of requirements(s) number(ed) 1 of Schedule B-Section 1, item(s) number(ed) 27 will be deleted from Schedule B-Section 2 Exceptions. /"V i'\ File* UO89876A01 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 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 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 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. 200-200-1 Hello