HomeMy WebLinkAbout20052741 JUN-23-2005 THU 01 :44 PM LAh. IERICA RESEARCH CEN FAX NO. 97-'52 0642 P. 02
TRANSNATION TITLE INSURANCE COMPANY
5801 W. 11th Street #201
Greeley, CO 80634
Gary Harkless
33439 Weld County Road 37
Eaton, CO 80615
Attn: Gary Harkless
Order No. 8058689
June 16, 2005
RE: TED Weld County Road 37
In connection with the above matter, we are enclosing herewith the
following:
Owners Policy
We are pleased to have the opportunity to be of service.
2005-2741
.JUN-23-2005 THU 01 :44 PM LAt 1ERICA RESEARCH CEN FAX NO. 97(`°52 0642 P. 03
ISSURfiv
TRAAMSNst1CN TITLE INSURANCE COMPANY OWNER'S POLICY OF TITLE INSURANCE
Transnation
A LAnnAt.bucA COMPAm'
SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND
THE CONDITIONS AND STIPULATIONS,TRANSNATION TITLE INSURANCE COMPANY,an Arizona corporation,herein called the
Company,insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in
Schedule A,sustained or incurred by the insured by reason of;
1. Talc to the estate or interest described in Schedule A being vested other than as stated therein:
2. Any defect in or lien or encumbrance on the title:
1. Unmarkctability of the title;
4. Lack of a tight of access to and from the land.
The Company will also pay the costs,attorneys' fees anti expenses incurred in defense of the title,as insured,bur only to the extent provided
in the Conditions and Stipulations.
IN WITNESS WHEREOF,TRANSNATION TITLE INSURANCE COMPANY has caused its corporate name and seal to he hereunto
affixed by its duly authorized officers,the Policy to become valid when countersigned by an authorized officer or agent of the Company.
TRANSNATION TITLE INSURANCE COMPANY
sees.limbs
solleatitts
Attest: ! u4,4„.‘4. ✓ ffR le ltet �_ By: G(
Secretary
gtRa* * President
EXCLUSIONS FROM COVERAGE
The following miners are.expressly excluded from the coverage of This policy and the Company will not pay loss or damage.costs,attorneys'
fen or=perigee which arise by reason oft
I. (a)Any law,ordinance or governmental regulation(including but not limited to building and coning laws,ordinances,or regulations)rest riming.
regulating,prohibiting or relating to(i)the occupancy,ust,or enjoyment of the land;(ii)the character,dimensions or location of any improve.
main now or hereafter erected on the land;(iii)a separation in ownership or a chance in the dimensions or area of the land or any parcel of
which the land is or was a par;or(iv l environmental protection,or the affect of any viola ton of these lawn,ordinances ur governmental regula-
Lions,except to the extent that a notice of tin,enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or
•
alleged violation affecting the land has been recorded in the nubile records at Date of Policy.
(h)Any governmental police power not excluded by(a)above,except to the extent that a titmice of the exercise thereof or a notice of a defect.
lien or encumbrance resulting learn a violation or alleged violation affecting the land hos been recorded in the public records at Date of Policy.
2. Rights of eminmt domain unless notice of the exercise thereof has been recorded In the public records at Date of Polley. but not excluding
from coverage any caking which has occurred prior to Pate of Policy which would be binding an the rights of a puchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a)created. suffered,assumed or agreed to by the insured dalmant;
(b)not known to the Company, not recorded in the public records at Date of Policy, hut known to the insured claimant and not disclosed
In writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
IC)resulting in no lass or damage to the insured claimant;
(d)attaching or created subsequent to Date of Policy; or
(e)resulting in loss or damage which would nor have been sustained if the insured claimant had paid value for the estate or interest insured
by this policy.
4, Ally claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by raison of the operation
of federal bankraptcy, state insolvency, or similar creditors' rights laws, that is based on:
(a)the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer: or
(b)the transaction creating the estate or Interest insured by this policy being deemed a preferential transfer except where the preferential transfer
results from the failure:
(i) so timely record the instrument of tnutufer;or
(ii)of such recordation to impart notice to a purchaser for value or a Judgment or lien creditor.
NM i PAY Valid only if Schedules A and B and Cover are,attached
ALTA Owner's Policy(10/17/92)
Face Page
Form 1190-SSA t1Plf»lHAL
JUN-23-2005 THU 01 :44 PM LA. MERICA RESEARCH CEN FAX NO. 9"-152 0642 P. 04
1.DEFINIi1ON OF TERMS. hi Whenever the Company shall have brought an action or interposed a
defense as required ar pertained by the provisions of dUs policy. the
fie following dorms when used in this policy mean; Company may pursue any Iitigadon to final determination by a churl of
competent jurisdiction and expressly reserves the right.in its sole discretion.
la) "insured": the•insured named in Schedule A. and, subject to any to appeal from any adverse judgment ar order,
ea-- rights or defenses the Company would have had against the named insured.
thaw who succeed in the Interest of the named insured by operation of law fit) In all cases where this policy permits or requires the Company to
as distinguished from purchase including. hut not limited to. heirs. prosecute or provide for the defense of any action or proceeding_ the
distributees, devisees. survivors. personal represenmlives, next of kin. or insured shall secant to the Company the right to so prosecute or provide
corporate or fiduciary successors. defense in the action cm proceeding, and all appeals therein, and permit the
Company to use. at its option.. the.name of the insured for this purpose.
la) "insured claimant":an insured claiming loss or damage.
(cl "knowld ar "known": actual knowled not constructive expense. shallreq give
by tm an all reasonabley. the insured, al the Companyctior
Ptic ur proceed, cur the Cadence, all obtaining w aid s U, in ose scion or
knowledge m noutx which may be imputed to an insured by reason of the proceeding. securing evidence, witnesses, prosecuting or
public records as defined in this policy or any other records which impart defending the action or proceeding. or effecting settlement, and (ii) in any
constructive notice of minters affecting the land. other lawful act which in the opinion of the Company may he necessary or
(dl "land": the land described or referred to in Schedule A. and desirable to establish the title to the estate or interest as insured. If the
improvements affixed thereto which by law constitute real property. The Company is prejudiced by the failure of the insured to furnish the required
term "land" does not include any properly beyond the lines of the area cooperation. the Company's obligations to the insured under tic policy
described or referred to in Schedule A.nor any right , title, interest. estate shall terminate_including any liability or obligation to defend,prneecutc.'Sr
or easement in abutting streets. roads, avenues, alleys, banes, ways or continue any litigation,with regard to the matter or matters requiring such
waterways, but nothing herein shall modify or limit the extent In which a cooperanon,
right of maws to and from the land is insured by this policy. E. PROOF OF LOSS OR DAMAGE.
(e) "mortgage mongage. deed of trust. trust deed, or other security In addition to and utter the notices required under Section 3 of these
instrument. Conditions and Stipulations have been provided the Company, a proof of
(I) "public records": records established under state sec wtce at Date of lots or damage signed and swum to by the insured claimant shall he
urn rished to the Company within 90 days after the insured claimant shall
Policy for the purpose of imparting constructive notice of matters relating p
to real property to purchasers for value and without knowledge. With ascertain the facts giving rise to the loss or damage, The proof of loss or
public damage shall describe the defect in. or lien or encumbrance on the title,or
respect to Section I(a) (iv) of the Exclusions From Coverage,
records" shall also include environmental protection liens filed in the other matter insured against by this policy which constitutes the basis of
records of the clerk of the United Stales district court for the district in loss or damage and shall state, to the extent possible, the basis of
which the land is located. calculating the amount of the lots or damage. If the Company is prejudiced
Ig) "unmarkeutbitit of the title an alleged or apparent matter affecting by the failure g, Cof insured ny' claimant to t provide he the required proof of loss
Y Pca or damage,the ding uny's obligations o g insured n the policy shall
the title to the land. not excluded or excepted from coverage. which would iamtin;ue. including tiny liability or obligation to defend, prosecute. or
entitle a purchaser of the estate or interesl deribed in Schedule A to be continue any litigation, with regard in the moiler or matters requiring such
released from the obligation to purchase by virtue of a contractual proof of loss or damupp
condition requiring the delivery of marketable tole. In addition, the insured claimant may reasonably he required to submit
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE to examination under oath by any authorized representative of the
OF TITLE. Company and shall produce for examination, inspection and aipyine. at
such reasonable times and places as may be designated by any authorized
The coverage of thls policy shall continue in force as of Date of Policy in representative of the Company, all records, hooks. lateen. cheeks•
favor of an insured only so long as dw insured retains an estate or interest correspondence and memoranda. whether hearing a date before or alter
in the land, or holds an indebiednos secured by a purchase money Date of Policy, which reasonably pertain to the loss or damage. Further,if
mortgage given by a purchaser from the insured. or only so long as the requested by any authorised representative of the Compitny , Inc insured
a— insured shall have liability by reason al-covenants of warranty made by the claimant snail grant its permission, in writing, for any author-pod
insured in any transfer or conveyance of the estate or interest. This policy representanvo of the Company to examine , inspect and copy all records,
shall not continue in force in favor Of any purchnstr from the insured of books. ledgers. checks, correspondence and memoranda in the custody or
either Ii)an estate or interest in the land,or Oil an indebtedness secured by control of a third party. which reasonably pertain to the less. nr damage,
a purchase mmtey mortgage given to the insured. All informutinn designated as confidential by the insured claimant provided
to the Company pursuant to this Section shall not he disclosed to others
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. unless, in the rcasonahle puigement of the Company, it is memory in the
The inxurtat shall notify the Company promptly in writing!il to cum of 'administration ill'the claim, Failure of the insured claimant to suhnut for
anyhensr as set forth Section pan tpiowpt y in w ease ng CII in
c shall examination under oath. produce other reasonably requested infurinaunn
litigationor grant permission to secure reasonably necessary information from third
conic to an insured hereunder of any claim of title or interest which is parties as required in this paragraph ahull terminate any liability of the
adverse to the title to the made or inherent, as insured, and which might Company under this policy as to that Clain
cause loan tar damage fur which the Company may be liable by virtue of
this policy.or(iiil if title to the estate or tnierest.:s insured, is rejected as 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
unmarketable. If prompt notice shall not he given in the Company, then as TERMINATION OF LIABILITY.
to the insured till liability of the Company shall terminate with regard to
the metier or mullets for which prompt notice is required: provided. In cane of a chitin under this policy. the Company shall have the following
however, duo failure to notify the Cumpenv shall in no case prejudice the additirmaloptiuns:
rights of any, insured under this policy unless the Company shall he ta)To Pay or Tender Payment of lhr Amount of Insurance.
prejudiced by the failure and then only to the extent of the prejudice. To pay tar tender payment of the amount of insurance under this policy together
4.DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF with any costs,ntmmevs'fee.and expenses incurred by the insured claimant,which
INSURED CLAIMANT TO COOPERATE. were authorised by the Company.up to the time of payment or tender of payment
and which the Company is obtieated to pay.
(a) Upon written request by the insured and subject to the options Upon die exercise by the Comfnmy of this option,MI liability and obligations in
contained in Section 6 of these Conditions and Stipulations, the Company. the insured under this policy, other than to make the payment required, shall
at its own cost and without unreasonable delay. shall provide for the terminate.including any liability or obligation in defend.pnsecure,dr continue
defense of an Insured in litigation in which any third pally asserts it claim any litigation.and the policy shall be surrendered n the Company for=neonates*.
adverse to the title or interest as insured. but only as to thaw stated causes
of action alleging a defect, lien or encumbrance- or other matter insured (h)To Pay or Otherwise Settle With Pnrtio,Other than the Insured or
w insr by this policy. The Company shall have the right to select counsel With the Insured Claimant.
of its choice (subject to she right of the insured to object for reasenahte fit to pay or otherwise settle with other ponies fur or in eise name
cause) to represent the insured as to (hose stated causes of action and shall of an insured claimant any claim inetred against under this policy. together
not be liable far and will not pay the fees of any other counsel. The with any costs, attorneys' fees and.expense: incurred by the insured
Company will not pay any fees. costs or expenses incurred by the insured claimant which were authorised by the Company up to time of payment
in the defense of those causes of action which allege matters not Insured and which the Company is obligated to pay; or
against by this policy. td) to pay or otherwise settle with the insured claimant the loss or
damage provided for under this policy, together with any costs. attorneys'
fb}The Company shall have the right. al its own cost, Id Institute and fees and cxpensts incurred by the insured claimant which were authorsed
prosecute any action or proceeding or In do any other act which in its by the Company up to the lime of payment and which the Company is
opinion may he necessary or desirable to establish the title to the estate or obligated to pay.
interest.as insured, or to prevent or reduce loss or damage In the insured. Upon the exercise by the Company of either of the options provided for
The Company may lake any appropriate action under the terms of this in paragraphs(b)(i)or iii),the Company's ohllgations to the insured under
policy, whether or not it shall he liable hereunder, and shall not thereby this policy for the claimed loss or damage, other than the payments
concede liability or waive any provision of this policy. If the Company required to be made,shall terminate, including any liability or obligation to
shall exercise its rights under this paragraph, it shall do su diligently defend,prosecute or continue any litigation.
Conditions and Stipulations Cotsitmied Inside Cover ,
B 1190-SBA '
rnAllanl Itjn is Z-I—nn in-,;-, 21
JUN-23-2005 THU 01 :45 PM LC"IERICA RESEARCH CEN FAX NO. 970-152 0642 P. 05
TRANSNATION TITLE INSURANCE COMPANY
POLICY OF TITLE INSURANCE
SCHEDULE A
Amount of Insurance: $ 187, 900.00 Policy No. : 8058689
Date of Policy: October 8, 2002 at 7 :00 A.M.
1. Name of Insured:
Gary M. Harkless and Judy L. Harkless
2 . The estate or interest in the land described herein and which is
covered by this policy is: PEE SIMPLE
3 . The estate or interest referred to herein is at Date of Policy vested
in:
Gary M. Harkless and Judy L. Harkless
4 . The land referred to in this Policy is described as follows:
(SEE ATTACHED PAGE FOR LEGAL DESCRIPTION)
JUN-23-2005 THU 01 :45 P11 LAC1ERICA RESEARCH CEN FAX NO, P7-° 352 0642 P. 06
TRANSNATION TITLE INSURANCE COMPANY
Policy No. : 8058689
LEGAL DESCRIPTION
Lot B of Recorded Exemption No. 0805-13-4-RE2641, recorded April 5, 2000
as Reception No. 2759837, being a part of the SE1/4 of Section 13 ,
Township 6 North, Range 66 West of the 6th P.M. , County of Weld, State of
Colorado.
EXCEPTING THEREFROM parcels conveyed by deeds recorded January 13, 1889 in
Book 76 at Page 82, November 12 , 1901 in Book 183 at Page 387 and November
12 , 1947 in Book 1215 at Page 14 .
Page 2
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TRANSNATION TITLE INSURANCE COMPANY
Policy No. : 8058689
SCHEDULE B
This Policy does not insure against loss or damage by reason of the
following:
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
heretofore or hereafter furnished, imposed by law and not shown by
the public records.
5. Taxes for the year 2002 not yet due or payable.
6 . Reservations as contained in the deeds recorded May 2, 1873 in Book
8 at Pages 360 and 436 .
7 . Liquor restrictions, which contain a forfeiture or reverter clause,
which provide that intoxicating liquors shall never be
manufactured, sold or otherwise disposed of, as a beverage, in any
place of public resort in or upon the premises, or any part
thereof, as disclosed in instrument recorded January 18 , 1876 in
Book 16 at Page 8 .
8 . Terms, agreements, provisions, conditions, obligations and
easements as contained in Deed recorded January 18, 1876 in Book 16
at Page 8.
9. Right of way, whether in fee or easement only, for Childs Ditch,
granted to James G. Graham by Matthew Jackman Baxter by instrument
recorded November 9, 1901 in Book 163 at Page 28, in which the
specific location of the easement is not defined.
10 . Terms, agreements, provisions, conditions, obligations and
easements as contained in Agreement recorded November 30, 1901 in
Book 179 at Page 321.
11 . Right of way, whether in fee or easement only, for the Graham
Seepage and Drainage Canal, granted to James G. Graham by Matthew
Jackman Baxter by instrument recorded December 15, 1902 in Book 201
at Page 323 , in which the specific location of the easement is not
defined.
Page 3
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TRANSNATION TITLE INSURANCE COMPANY
Policy No. : 8058689
SCHEDULE B - continued
12 . Right of way, whether in fee or easement only, for electrical
distribution line and appurtenances, as granted to The Home Gas and
Electric Company by Jennie Anderson, recorded August 17, 1950 in
Bock 1277 at Page 368 as Reception No. 1088734 , affecting the
following described property:
As more particularly described in said instrument.
13 . Oil and gas lease between Clarence A. Anderson, Lucile R. Anderson
a/k/a Lucille R. Anderson and Luella J. Anderson and James A.
Erickson dated July 7 , 1980, recorded March 10, 1981 in Book 930 as
Reception No. 1851806, and any interests therein or rights
thereunder.
Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by Sentry Oil
Corporation, recorded November 2 , 1983 in Book 1012 as
Reception No. 1945696.
Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by Petromax Energy
Corporation, recorded November 2 , 1983 in Book 1012 as
Reception No. 1945697.
Note: Extension of the above lease as claimed by Affidavit of
Production, pursuant to CRS 38-42-106, by R A Resources,
Inc. , recorded September 19, 1984 in Book 1043 as
Reception No . 1982201.
Note: Extension of the above lease as claimed by Affidavit of
production, pursuant to CRS 38-42-106, by Sentry Oil
Corporation, recorded June 11, 1985 in Book 1072 as
Reception No. 2012963 .
14 . Right of way, whether in fee or easement only, for a pipeline or
pipelines and appurtenances, granted to Associated Natural Gas,
Inc. by L.A.D. Farm Partnership, a Colorado limited partnership and
Clarence A. Anderson and Lucile Anderson by instrument recorded
January 5, 1988 in Book 1181 as Reception No. 2126845, in which the
specific location of the easement is not defined.
15 . Right of way, whether in fee or easement only, for
telecommunications facilities, as granted to U S West
Communications, Inc . by Luella J. Anderson, Clarence A. Anderson,
Lucile Anderson, Trustee, recorded May 9, 1991 in Book 1298 as
Reception No. 2249590, affecting the following described property:
As more particularly described in said instrument .
Page 4
ta,
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TRANSNATION TITLE INSURANCE COMPANY
Policy No. : 8058689
SCREDUT,E B - continued
16. All of the oil, gas and other minerals, as reserved by Luella J.
Anderson in the deed recorded September 13, 1965 in Book 1084 as
Reception No. 2024829 which deed only conveys an undivided 1/2
interest in subject property, and any interests therein or rights
thereunder.
17 . Colorado State Highway 392 and Weld County Road 37 ; Right to Farm
Covenant, Notes, and Matters of Survey, all as shown on Recorded
Exemption No. 0805-13-4-RE2641 recorded April 5, 2000 as Reception
No. 2759837 .
18 . Deed of Trust from Gary M. Harkless and Judy L. Harkless to the
Public Trustee of the County of Weld for the use of Weld County
Bank Greeley to secure $360, 500 . 00 dated September 30, 2002,
recorded October 4, 2002 at Reception No. 2993532.
NOTE: Disbursers Notice recorded October 4, 2002 at Reception
No. 2993533, given in connection with the above Deed of
Trust.
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.
(1D) Colorado Interstate Gas Company, recorded August 31, 1984 in
Book 1041 as Reception No. 1979784 .
(c) Associated Natural Gas, Inc. , recorded April 10, 1989 in Hook
1229 as Reception No. 2175917 .
(d) Western Slope Gas Company, recorded March 9, 1983 in Book 990
as Reception No. 1919757 .
Page 5
JUN-23-2005 THU 01 :46 PM LAN'-'ERICA RESEARCH CEN FAX NO. 9711352 0642 P. 10
7. DETERMINATION,EXTENT OF tlABIUTY AND COINSURANCE• fixed(tin accordanceen y and with with the
se Condit on of es coal r damage ons the been d lossRor
This policy it a contract of indemnity against actual monetary loss or damage shall be psyable within 30 days thereafter,
damage sustained or incurred by the insured claimant who has suffered loss
or damage by reason of matters insured against by this policy and only an 13. SUBROGATION UPON PAYMENT OR SETTLEMENT-
the extent herein described (al The Company's Right of Subrogation.
(a) The liability of the Company under this policy shall not exceed the Whenever the Company shall have settled and paid a claim under this
least of; policy. all right of see rogation shall vest in the Company unaRected by
0) the Amount of Insurance stated in Schedule A; or. any act of the insured durmunt.
tit)the difference between the value of the insured estate or interact as The Company aluitl he subrotated to and be entitled to all rights and
insured and the value of the insured mate or interest subject lathe defect. remedies which the insured claimant would have had against any person or
lien or encumbrance insured against by this policy. Properly in respect to the claim had this policy not been issued. If
(b) In the event the Amount of Insurance muted in Schedule A et the requested by the Company, the insured claimant shall transfer to the
Date of Policy is less than 80 percent of the value of the insured estate or Company all rights and remedies against any person or property net-wear
y
interest or the full consideration paid for the land, whichever is less, or if in nyder to perfect' this right of subrogation. The insured claimant shun
subsequent to the Dale of Policy an improvement is erected on the land permit the Company to sue. compromise or settle in the name of the
which increases the value of the insured estate or interest by et least 20 Insured claimant and to oar the name of the insured claimant in any
percent over the Amount of Insurance stated in Schedule A, then this transaction or litigation involving these rights or remedies.
Policy is subject to the follawinic If a payment on account of a claim does not fully cover the loss of the
0) where no subsequent improvement has been made, as to ane partial insured Caiman[, the Company shall be subroganed to these rights and
loss, the Company shall only pay the less pen rata in the proportion that remedies in the proportion which the Company's rnryment hears to the
the amount of insurance at Date of Policy hears to the total value of the whole amount of the loss.
insured estate or interest at Date of Polley[or IC loss should result front any act of the insured claimant as staled
(ii)where a subsequent improvement has been made, its to any partial above. lhut act shall not void this policy. hut the Company. in that noel,
loss, the Company shall only pay the loss pro rasa in the proportion dust shall be required to pay only that part of any losses insured against by this
120 percent of the Amount of Insurance staled in Schedule A bears In the policy which shall exceed the amount. if any. lost to the Company by
sum of the Amount of Insurance stated in Schedule A and the amountreason cif theimpairment by the insured claimant of the Company's right
expended for the improvement. osubrogation.
The provisions of this paragraph shall not apply to costs,attorneys' fees (Lid The Company's Rights Against Noninsured Obligors.
and expenses for which the Company is liable under this policy, and shall The Company's right of subrogation against noninsured obligors shall
only apply to that portion of any loss which exceeds, in the aggregate, 10 exist and shall include, without limitation. the rights of the insured to
percent of the Amount of Insurance stated in Schedule A. indemnities, guatuntics, other tlicies of insurance or bonds.
(c) The Company will pay only those costs. auorncy fees and expenses notwithstanding any terms,or conditions contained in those instruments
incurred in accordance with Section 4 of these Conditions and Stipulations. which provide for subrogation rights by reason of this policy.
8. APPORTIONMENT. 14. ARBITRATION
If the land described in Schedule A consists of two or more earwig Unless prohibited by applicable law. either the Company or the insured
which are not used as a single site,and a loss is established affecting one or may demand arbitration pursuant to the Title Insurance Arbitration Rules
more of the parcels hut not all,the loss shall'be computed and settled on u of the American Arbitration Association. Arbitrable matters may include.
."•'� pro rata basis as If the amount of insurance under this policy was divided but are not limited to. any controversy or claim between the Company and
pro rats as to the value on Date of Policy of each separate parcel to the the insured arising out of ar relating to this policy. any service of the
whale,exclusive of any improvements made subsequent W Date of Policy, Company in connection with its issuance or the breach of a policy
unless a liability or value has otherwise been agreed upon as to each parcel provision or other obligation. All arbitrable mutters when the Amount of
by the Company and the insured at the Lime of the issuance of this policy provision or other obligation. All -arhitrable ittiltiers when the Amount sir
by flit Cismnany and the insured at the Lime of the issuance of this policy nstlr.tnict is 51.000,0(10 or less shall be arbitrated at the option of either the
and shown by an express statement or by an endorsement attached to the Company or the Insured. All arbitrable matters when the Amount of
policy. Insurance is in coons of 51.000,000 shall be arbitrated only when weed to
8. LIMITATION OF LIABILITY. by both the Company and the insured. Arbitration pursuant to this policy
and under the Rules in SRO on the date the demand for arbitration is
(a) If the Company establishes the title, or removes the alleged defect, made or. at the option of the insured. the Rules in effect at Date of Policy
lien or encunibritnee, or cures the Luck of a right of atone to or from the shall be binding upon the parties. The award may include attorneys' fie
land, or curio the claim of ummay same
ility of title, all as insured.•in only if the law::of the me to which the land is located permit a court in
reasonably diligent manner by any method, including litigation and the award attorneys fees to a prevailing party. Judgment upon the award
completion of any appeals therefrom, it shall have fully performed its rendered by the Arhitrator(sl may be entered in any court having
obliggaations with ramp r to that mutter and shall not be liable for any loss jurisdiction thereof.
or damage caused thereby. The low of the situs of the land shall apply en an arbitration under the
(b) In the event of any litigation. including litigation by the Company Title Insurance Arbitration Roles.
or with the Company's consent. the Company shall have no liability for a
loss or damage until there has been A copy of the Reeks may be obtained from the Company upon request.
Pula[ determination by a court of
competent jurisdiction, and disposition of all appeals therefrom, adverse to 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
the title as Insured. CONTRACT.
(c)The Company shall not be liable for toss or damage to any insured
for liability voluntarily assumed by the insured in settling any claim or suit (a)This policy together with all endorsements, il'any. attached hereto
without the prior written consent of the Company. by the Company is the entire policy and contract between the insured and
the Company. In interpreting any provision of this policy, this policy shall
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION be construed us a whole.
OF LIABILITY. (h) Any claim of lass or damage, whether or not based on negligcncc.
All payments under this policy, except payments made for coats, and which arises out of the status of the title to the estate or interest
attorneys' fees and expenses, shall reduce the amount of the insurance pro covered hereby or by any action asserting such claim. shall he restricted to
unto. this policy.
• lc) No amendment of or endorsement to this policy can be made
11. UABIUTY NONIAMAULATIVE except by a writing endorsed hereon or attached hereto signed by either the
It Is expressly understood that the amount of Insurance under this
President.
Vice
r Pei esidt, e the
Secr a ry et ,the inC Assistant Secretary. or
policy shall be reduced by any amount the Company may pay under any vr rld n s officer
mpany.
poky Instating a nsartgage W which exception Is tdcnn in Schwdule a or lb 10. SEVERABILRT
which the Insured has agreed, assumed, or taken wbjeot, or which le In the event any provision of the policy is held invalid or unenforccahlc
hereafter executed by an Insured and which Is a charge or lien tin ma under applicable law. the policy shell be deemed not to include that provt-
estate or interest described or referred to In Schedule A, and the amount sion and all other provisions shall remain in full force and effect
so paid shall be deemed a payment tinder ells popsy to the mewed owner. 17. NOTICES, WHERE SENT,
12. PAYMENT OF LASS. All notices required to he given the Company and any.statement in writing
ht)Nopoymem shall be made wit hem producing this policy for endorsement. re uired to be fltmiahed the Company shall include the number of this
of the payment artless the policy has been lost or destroyed,in which case proof and shall be uddressv:d to: Consumer Affairs Department,P.O.Stet
of loss or desvuctinn shalt be furnished to the.otrisfaction of the Company policy
NM 1 PA 10 27567.Richmond.Virginia 23261.7567.
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1 A WORD OF THANKS ..... j.I
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o r As we make your policy a part of our permanent
., records. we want la express our appredation ci )
this evidence of your taitlr in Trensnaton Title ; I
Insurance Company.
Q41 P.MP.,_a .POLITY
"- - There is no recurring
OF TITLE INSURANCE This policy provides valuable title protection and 1
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— 00--t7-9-2-) . r` we suggest you keep it in a safe place where it ' _1
O -Elbe-readltyavailable-farfuturereterence
•
If you have any questions shout the protection
Muir-0N Lein Tau Assoclnnon provided by this policy, contact the office that j i
issued your policy or you may write to: , i I .
i Consumer Affairs Department
•
Transnation
Title Insurance Company
P.O.Box 27567 i
Issues 8r Richmond,Virginia 23261-7567II
i ratisesnon'ErnstvsuavuaCouewy TOLL FREE HUMBER 1-600-446-7086
. Transnatton i i r
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p liana atom = I
101 Gnawer Centre Parhuwy.Gauway Out
i 7 O. r RG:,mand,Virginia 23235-5153
f S I I
ri
B 1190•se
JUN-23-2005 THU 01 :48 PM LCI ERICA RESEARCH CEN FAX NO. 9a 352 0642 P. 11
ENDORSEMENT
107.12
ATTACHED TO POLICY NO. 8058689 UNDER FILE NO. TNGR0000633
ISSUED BY
TRANSNATION TITLE INSURANCE COMPANY
The effective date of said policy is hereby changed from October 8, 2002 at 7:00 A.M. to
June 10, 2005 at 7:00 A.M.
The Company hereby Insures:
1. That, except as otherwise expressly provided herein, there are no liens,
encumbrances, or other matters shown by the public records, affecting said estate or
interest, other than those shown In said policy, except:
THE FOLLOWING ITEM UNDER SCHEDULE B OF SAID OWNERS POLICY IS HEREBY
AMENDED AS FOLLOWS:
5. Taxes for the year 2005 not yet due or payable.
ITEM NO. 18 UNDER SCHEDULE B OF SAID OWNERS POLICY IS HEREBY DELETED.
THE FOLLOWING ITEMS ARE HEREBY ADDED TO SCHEDULE B OF SAID OWNERS
POLICY.
• Deed of Trust from Gary M. Harkless and Judy L. Harkiass to the Public Trustee of the County of
Weld for the use of A-Plus Mortgage, LLC to secure $425,000.00, dated July 9, 2003 and
recorded July 16, 2003 at Reception No. 3084398.
• Deed of Trust from Gary M. Harkless and Judy L. Harkless to the Public Trustee of the County of
Weld for the use of Weld County Bank-Greeley to secure$50,000.00, dated December 12, 2003
and recorded December 29, 2003 at Reception No. 3139380.
NOTE:Assignment of Assignment of Leases and Rents recorded December 29,2003 at
Reception No. 3139381, given in connection with the above Deed of Trust.
NOTE: Disbursers Notice recorded December 29,2003 at Reception No. 3139382.
2. That, as shown by the public records, the title to said estate or interest is vested in
the vestees shown in Schedule A.
This endorsement is made a part of said policy and is subject to all of the terms and
provisions thereof and of any prior endorsements thereto, Except to the extent expressly
stated, it neither modifies any of the terms and provisions of the Policy and any prior
endorsements, nor does it extend the effective date of the Policy and any prior
endorsements, nor does It Increase the face amount thereof.
Dated: June 20, 2005
Transnation Title Insurance Company
.1,.,. .1 d4.-+C4 S
Authorized Signature
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