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Home My WebLink About20041991.tiff TITLE DEPARTMENT - DEL ERY TRANSMITTAL FIRST AMERICAN HERITAGE TITLE CO 1000 Centre Avenue•FM Collins., CO 80526-Pb:(970)493-3051•Fax:(970)224-2177 FAIT@DATE: MAY 7, 2004ORDERNO: LB32349B04 PROP. ADDR: Vacant Land, , Colorado 80615 OWNERBUYER: To Be Determined PLEASE DELIVER TO THE CUSTOMER LISTED BELOW: 'CLOSING OFFICE - NONE REQUESTED - I I TO: First American Heritage Title Co ATTN: Deb Windsor Escrow Office 1200 West Ash Street, Unit B PHONE: (970) 686-2951 Windsor, CO 80550 FAX: (970) 686-5039 I # COPIES: 1 ROUTING METHOD: DELIVER TO: Todd Hodges Design, LLC ATTN: Anne Johnson / (970) 412-8640 I PHONE: (970) 613-8556 FAX: I # COPIES: 2 ROUTING METHOD: THE 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 TITLE CO AT THE ABOVE PHONE NUMBER. PLEASE REVIEW THE ENCLOSED MATERIAL CAREFULLY AND TAKE NOTE OF THE FOLLOWING ITEMS CONTAINED THEREIN: 'TRANSMIT File LB7^_i49B04 2004-1991 FileA L032349804 FIRST AMERICAN HERITAGE TITLE CO 1000 Centro Avenue•Fort Collins.CO 80526•Phone:(970)493-3051 •FAX:(970)224-2177 COMMITMENT SCBIDULZ A Commitment No: LB32349804 1. Commitment Date: April 28, 2004 at 7:29 A.M. 2. Policy or Policies to be issued: Policy Amount (a) Owners Policy - Proposed Insured: $ TED To Be Determined 3. Fee Simple interest in the land described in this Commitment is owned, at the Commitment Date by: Cattail Creek Group LLC, a Colorado Limited Liability Company 4. The land referred to in this Commitment is described as follows: Lot C, Amended Recorded Exemption No. 0805-09-3-AMRE2637, according to the Map recorded September 11, 2000 at Reception No. 2793115, being a part of Section 9, Township 6 North, Range 66 West of the 6th P.M. , County of Weld, State of Colorado. (for informational purposes only) Vacant Land PREMIUM: Owner's Policy $ Tax Certificate $ 25.00 05/07104 D9:24: 10 sc TF546 05/C7/04 09:24: 13 se TF546 File# LB3J<9B04 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 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 permission. You may be able to obtain title insurance coverage regarding any such references mineral estate severance and its effect upon your ownership. Ask your title company representative for assistance with this issue. 05/07/04 09:24' 15 sc TF546 Files L83334984 Form No. 1344-B1 (CO-88) ALTA Plain Language Commitment SCHEDULE B - Section 1 Order No. LB32349BC4 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. 2. This Commitment is subject to such further Exceptions and/or Requirements as may appear necessary when the name of the (Proposed Insured, Schedule A, Item 2A) has been disclosed. 3. Statement of Authority for Cattail Creek Group LLC, a Colorado Limited Liability Company, evidencing the name of the entity, the type of entity able to acquire title, the mailing address for the entity, the names (s) and position(s) of those persons able to act on behalf of said entity, including any limitations placed upon those persons. (not to be recorded) 4. Release of the Deed of Trust from Cattail Creek Group LLC, a Colorado Limited Liability Company to the Public Trustee of Weld County for the benefit of First State Bank of Fort Collins to secure an indebtedness in the principal sum of $558,750.00, and any other amounts and/or obligations secured thereby, dated May 15, 2002 and recorded May 16, 2002 at Reception No. 2951966. 5. Release of the Deed of Trust from Cattail Creek Group LLC, a Colorado Limited Liability Company to the Public Trustee of Weld County for the benefit of Unisyn Capital Corporation to secure an indebtedness in the principal sum of $131, 878.46, and any other amounts and/or obligations secured thereby, dated May 15, 2002 and recorded May 16, 2002 at Reception No. 2951967 . 6. Release of the Deed of Trust from Cattail Creek Group LLC, a Colorado Limited Liability Company to the Public Trustee of Weld County for the benefit of Unisyn Capital Corporation to secure an indebtedness in the principal sum of $174, 153 .95, and any other amounts and/or obligations secured thereby, dated --Continued 05/07/04 09:24:19 sc TF546 Feet LB32349B04 Form No. 1344-B1 (CO-88) ALTA Plain Language Commitment Schedule B - Section 1 continued Order No. LB32349B04 March 15, 2004 and recorded March 24, 2004 at Reception No. 3164533 . 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. 39-22-634.5 (NONRESIDENT WITHHOLDING) . 05/07/04 09 :24: 17 sc TF546 hlc# LB32349004 Form No. 1344-82 (CO-88) ALTA Plain Language Commitment SCHEDULE B - Section 2 Order No. LS32349B04 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 furnished, imposed by law and not shown by the public records. 6. All taxes and assessments, now or heretofore assessed, due or payable. 7. Rights 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. 8 Right of way for railway as now located on the premises 400 feet wide, being 200 feet on each side of the center of the track, as reserved by The Denver Pacific Railway and Telegraph Company in the Deed to James Duff, recorded March 26, 1885 in Book 46 at Page 408. (Affects West 1/2 of Section 9) 9 Black Hollow Seepage Ditch, and any and all rights of way therefore as evidenced by instrument filed with the Weld County Clerk and Recorder, insofar as the same may affect subject property. (Affects West 1/2 and Northwest 1/4 of the Northeast 1/4 of Section 9) 10 La Grange Seepage Ditch, also known as Feeder No. 2 to the Nauman Reservoir, and any and all rights of way therefore, as evidenced by instrument filed with the Weld County Clerk and Recorder; Statement recorded December 30, 1926 in Book 781 at Page 362; and Decree recorded October 9, 1953 in Book 1370 at Page 498, insofar as the same may affect subject property. (Affects East 1/2 of the West 1/2 of Section 9) 11 Feeder No. 1 to reservoir of Highway Valley Reservoir and Ditch Company, and any and all rights of way therefore, as evidenced by instrument filed with the Weld County Clerk and Recorder, insofar as the same may affect subject property. (Affects the East 1/2 of the Northwest 1/4, the Northeast 1/4 of the Southwest --Continued 05/C7/04 09:24:20 sc TF546 fikM L832349BU4 Form No. 1344-B2 (CO-88) ALTA Plain Language Commitment Schedule B - Section 2 continued Order No. L832349804 1/4, the Northwest 1/4 of the Northeast 1/4, and the West 1/2 of the Southeast 1/4 of Section 9) :2 . Eaton Investment Company Head Gate and Ditch, and any and all rights of way therefore, as evidenced by Decree recorded October 17, 1953 in Book 1371 at Page 523, insofar as the same may affect subject property. 13 . An undivided 1/2 interest in all oil, gas and other minerals as reserved by Etchepare & Kemp Land Co. , Inc. , in the Deed to Lake Farms, Inc. recorded February 25, 1958 in Book 1497 at Page 318, and any and all assignments thereof or interests therein. (Affects Easterly portion of Section 9) 14. An undivided 1/2 interest in all oil, gas and other minerals as reserved by The Eaton Investment Company in the Deed to Imperial Farms, Inc. recorded May 2, 1957 in Book 1476 at Page 558, and any and all assignments thereof or interests therein. 15. An Oil and Gas Lease, from Michael Guttersen, Michael R. Furbush, and Henrietta L. Guttersen, as personal representatives of the Estate of W.L. Vogel as Lessor(s) to Michael Guttersen and The First National Bank of Greeley, as co-personal representatives of the Estate of Grace L. Vogel and Black Hawk Resources Corporation as Lessee(s) dated November 30, 1981, recorded February 5, 1982 in Book 960 at Reception No. 1882203, and any and ail assignments thereof or interests therein. 16. An Oil and Gas Lease, from Guttersen & Company as Lessor(s) to Cache Exploration Inc. as Lessee(s) dated December 3, 1984, recorded December 13, 1984 in Book 1052 at Reception No. 1991945, and any and all assignments thereof or interests therein. 17. An Oil and Gas Lease, from Guttersen & Company as Lessor(s) to Cache Exploration, Inc. as Lessee(s) dated December 3, 1984, recorded December 13, 1984 in Book 1052 at Reception No. 1991946, and any and all assignments thereof or interests therein. • 18. An Oil and Gas Lease, from Guttersen & Company as Lessor(s) to Cache Exploration, Inc. as Lessee(s) dated December 3, 1984, recorded December 13, 1984 in. Book 1052 at Reception No. 1991947, and any and all assignments thereof or interests therein. 19. Reservation of Grantor of 1/2 of all oil, gas and other hydrocarbons as stated in that Deed recorded January 15, 1985 in Book 1055 at Reception No. 1995384. 20 . Terms, conditions, provisions and obligations of that Grant of Right of First Refusal and Buy-Sell Agreement recorded June 24, 1991 in Book 1302 at Reception No. 2254095. CONTINUED C5/07/04 09:24:22 sc TF546 Fie* L832349804 Form No. 1344-B2 (CO-88) ALTA Plain Language Commitment Schedule 8 - Section 2 continued Order No. LB32349B04 21. All items as shown on that Map recorded August 11, 1993 in Book 1397 at Reception No. 2345801. 22 . All items as shown on those Maps recorded March 8, 2000 at Reception No. 2754167 and September 11, 2000 at Reception No. 2793115 and March 4, 1994 at Reception No. 2376651. 23. An undivided 1/2 interest in all oil, gas and other minerals as reserved by Thomas G. Trostel and Beverly R. Trostel recorded February 24, 1995 in Book 1481 at Reception No. 2427813, and any and all assignments thereof or interests therein. 24. Terms, conditions, provisions, agreements and obligations specified under the Agreement by and between Thomas G. Trostel, Beverly R. Trostel, John A. Shepardson and Deborah L. Shepardson recorded February 24, 1995 in Book 1481 at Reception No. 2427816. 25. Reservation contained in Deed recorded January 11, 1985 in Book 1055 at Reception No. 1995040. 26. An Oil and Gas Lease, from Thomas G. Trostel and Beverly Rose Trostel as Lessor(s) to Martin Exploration as Lessee(s) dated January 21, 1993, recorded March 22, 1993 in Book 1374 at Reception No. 2325811, and any and all assignments thereof or interests therein. 27. Use by Special Review Permit Map recorded March 4, 1994 in Book 1429 at Reception No. 2376650. File# 1532349504 • FIRST AMERICAN HERITAGE TITLE 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 lend 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. rn->%UKr File L032349804 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 Ale 11032349B0t Forth No. 1343(CO-(47) ALTA Plain Language Commitment COMMITMENT FOR TITLE INSURANCE ISSUED BY FIRST AMERICAN HERITAGE TITLE COMPANY 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, 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 effec- tive 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 p�� TtE )NSG99 BY 4471_ .y — PRESIDENT .• `PP o '°A ; o Or m • n a = o o • N . SEPTEMBER 24, in /,� 1968 = BY //7� I aMt L SECRETARY c,�� EFaRH�P`! BY COUNTERSIGNED 1_63 :134/7 Report Date:05/05/2004 10:18AM WELD COUNTY TREASURER Page: 1 CERTIFICATE OF TAXES DUE CERT N: 12541 SCHEDULE NO: R8765900 ORDER NO:LB32349004 ASSESSED TO: VENDOR NO: 32 CATTAIL CREEK GROUP LLC FIRST AMERICAN HERITAGE TITLE PO BOX 68 1000 CENTRE AVENUE WINDSOR,CO 80550 FT COLLINS CO 80525 LEGAL DESCRIPTION: PT 9-6-66 LOT C AMD REC EXEMPT RE-2637(1.45R) PARCEL: 080509000055 srrus ADD: TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2003 TAX 1,777.00 17.77 0.00 0.00 1,794.77 TOTAL TAXES 1,794.77 GRAND TOTAL DUE GOOD THROUGH 05/05/2004 1,794.77 ORIGINAL TAX BILLING FOR 2003 TAX DISTRICT 0226- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 21.474 436.56 AGRICULTUR 70,100 20,330 SCHOOL DIST RE2 - 45.949 934.14 - ----- NCW WATER 1.000 20.33 TOTAL 70,100 20,330 NWC WATER 0.000 0.00 EATON FIRE 9.000 182.97 AIMS JUNIOR COL 6.322 128.53 WELD LIBRARY 3.249 66.05 WEST GREELEY CONSERVATION 0.414 8.42 -- TAXES FOR 2003 87.408 1,777.00 FEE FOR THIS CERTIFICATE 10.00 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST L TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS,THE COUNTY CLERK,OR THE COUNTY ASSESSOR. This certificate does not include land or improvements assessed under a separate account number,personal property taxa, transfer tax or mist.MX collected on behalf of other entities,special or local improvement district assessments or mobile homes,unless specifically mentioned. 1,the undersigned,do hereby certify that the entire amount of taxes due epos the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein.In witness whereof,I have hereunto set my hand and seal this 05th day of May,2004. TREASURER,WELD COUNTY,CLAUD W.HANES,BY: 6.41•644 thewP.O. Box 458 Greeley,CO 80632 (970)353-3845 ext.3290 • • . - WARRANTY DE , • 7S®DQD,Wed&15th tpd bay. , 2002, • 'bouts John A. lbapardeoa. Jr. and Deborah L. dhepesdaon • • . ofOn County of bald sbbtrd Colorado • gar,en Cattail. Crest drop LW, a Colorado • Liait0d LiabSilty Conpnay . . .ba ebod.Haul. 14255"WeldCounty Road 70, Cawley, Colorado 00631 -.pr Coaety of Wald • si Woad Cailibrado Oren M lSa. H a.do wiarribaorbidiadra.a g OR WIIJ.io= POPSY TRDOsmo a®• rte. _ _�.�. �.._ __ ___ _____�-DOLLAfl(51,040.050.00 I. aswanaa0a0hhoydMadbbay..a.44,4basad*basdr4soldad_.._,. .rdb'abapnaain- . Mn pant born,adiaravey adasae,ar r Pa%IS bear rips fetter,a in adpwp.q barrat .Yapw.aas.Y sap.slrr,pled aid beat w Y. 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Ma AMPS eadaail hdai"pad,We died age Aqaba red IS stew gnat dal be. p1nbb ra piaaa. 'vi...f00NORSOR,"perWainrid Sad en rBr sat Mdam. • • John a. Shapardaon, Jr. • • 'Deborah L. Sh•pardaca • • • Snag op COLORADO l . counter tines 'me'- geeaOsimue win adae.eatut beau."ale 15th aye Say , 2002 by Joan A. Sbeperdeen, Jr; bind Deborah 1.. Sbepardeon • MyCaaal. a errant Deceohair 10; 2005 Wasp Wsd.BaH d. olik Debra L. Covert t p amue.ITaa prtu.a.gss aa4 as...a . we.artfaBaa 7•ya arfl ..a^.. 9,C ..`�A.a •VWt-S ... I.��l. ... tans .�....1 n a Hello