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u6OOK a k0 Weld COuntY, Colorado Tut
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IIILL-N-PARK, INC. o. -
• i a corporation duly organised and existing under and by virtue of
Stale Documentary Fee I -
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. the laws of the State of Colorado OCT 31 • - a
D,w.
whose address la P 0 BOX 929
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• County of WELD
and Stale of •
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• COLORADO , for the con.)derafion of TEN AND NO/100--- dollars, •- •
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0'- in hand paid•hereby sell(s) and convey(s) to 3 E R , A. PARTNERSHIP ca
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whose address is P 0 BOX 632 •County of o v
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f; WELD ,and State of COLORADO ,the following real property la the $ . c
r+ County of WELD ,and State of Colorado,to-wit: M _
r' LOT 'B`, HILL-i7-PT RK FIRST FILING, County of Veld, v a}
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State of Colorado, as per map recorded April 20, 1966,
'a Book ten (10) of maps, Page 128. 4 c
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with all its appurtenances,and warrant(e) the title to the suns,subjectto the lien of
general property taxes due in 1980 and payable in 1981. Subject to -
any exceptions, conditions, restrictions and reservations of record
Signed this 30th day,or October •1980 .
/ , ' 111 Ji—fls N,.. NC.
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•
• .- . p / John L. Shupe seneterr. y Lu vall _ . .
>e i0 STATE OF COLORADO, Ch.
• • County of..._WELD
^
The foreedng instrutnent was acknowledged before me this 30th du of October
•
a80,b7,. Roy Lundva1l ea the President and
I \\ .L l_ John L. Shupe es Secretary of �.
`4 o n rn `~'; •••'��IyQfj:"D�RE,INC. commission
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2004-2498
•
WELD COUNTY TITLE COMPANY
1221 8th Avenue
Greeley, CO 80631
MIKE THOMAS
1317 15TH AVENUE
GREELEY, CO 80631
Order No . LX69428
August 01, 2003
RE: TBD/J E R PARTNERSHIP TBD
In connection with the above matter, we are enclosing herewith the
following:
Title Insurance Commitment
Certificate of Taxes Due
Exceptions
Covenants
Plat
We are pleased to have the opportunity to be of service .
If you have any questions or changes, please contact our title
department at 970-356-3232 .
cc:] J E R PARTNERSHIP
COMMITMENT FOR T. .LE INSURANCE
Issued by Lawyers Title Insurance Corporation
LandAmerica Lawyers Title Insurance Corporation is a member of the LandAmerica family of title insurance undenvrders.
Lawyers Title
LAWYERS TITLE INSURANCE CORPORATION, a Virginia corporation, herein called the Company,for 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 six (6) months after the effective date hereof or when the policy or policies committed for
shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This
Commitment shall not be valid or binding until countersigned by an authorized officer or agent.
IN WITNESS WHEREOF, LAWYERS TITLE INSURANCE CORPORATION has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers, the Commitment to become valid when countersigned by an authorized officer or
agent of the Company.
LAWYERS TITLE INSURANCE CORPORATION
lll
.-
r"` Attest: di L✓NG� S E A L :i By: ?f_a/L1-t- V
Secretary 4i`.. 1925 ;.f President
rl'` 9''MM'''''
Conditions and Stipulations
1. 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 under taking 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 and 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.
es, 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.
ALTA Commitment- 1966
Cover Page
Form 1004-268 ORIGINAL
rit
COMMITMENT FOR
TITLE INSURANCE
American Land Title Association(1966)
Issued by
Lawyers Title
Insurance Corporation
Lawyers Title Insurance Corporation
is a member of the LandAmerica family of title insurance
underwriters.
LandAmerica
Lawyers Title
LandAmerica Financial Group,Inc.
101 Gateway Centre Parkway
Richmond,Virginia 23235-5153
Form B 1004-268 telephone,toll free: 800 446-7086
www.landam.com
�'.' its ��. S rft
WELD COUNTY TITLE COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Commitment No. : LX69428
1 . Effective Date : July 17, 2003 @ 7 : 00 A.M.
2 . Policy or policies to be issued: Amount Premium
A. ALTA Owner' s Policy $TBD $350 . 00
Proposed Insured:
TO BE DETERMINED
B. ALTA Loan Policy $ $
Proposed Insured:
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:
J E R, A PARTNERSHIP
4 . The land referred to in this commitment is described as follows :
Lot B, Hill-N-Park, Weld County, Colorado.
WELD COUNTY TITLE COMPANY
By Kathy Olson
Authorized Signature
Issued: August 01, 2003
KAO/KAW
•
WELD COUNTY TITLE COMPANY
Commitment No. : LX69428
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. Deed from J E R, A PARTNERSHIP to TO BE DETERMINED.
NOTE : Certificate of Limited Partnership, relating to J E R,
recorded November 21, 1977 in Book 814 as Reception No .
1736452 , discloses the following General Partners :
John L. Shupe, Elmer E. Lundvall, and Roy Lundvall
Page 2
•
WELD COUNTY TITLE COMPANY
Commitment No. : LX69428
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) 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.
Page 3
•
WELD COUNTY TITLE COMPANY
Commitment No. : LX69428 SCHEDULE B - Continued
EXCEPTIONS
7 . Except right of way for Walters and Rogers Seepage and Waste Water
Ditches and the Erickson Seepage and Waste Water Ditch, insofar as
the same may affect the above described property.
8 . Undivided 1/2 grantors interest in all oil, gas and other mineral
rights, as reserved by Lester and Walter Axel in the Deed to
Anthony and Jessie Aranci recorded April 6 , 1955 in Book 1415 at
Page 606, and any interest therein or rights thereunder.
Page 4
NOTICE
Colorado Division of Insurance Regulations 3-5-1,Paragraph C of Articles that "Every
title entity shall be responsible for all matters which appearof record prior to-the time of
recording whenever the title entity conducts the closing and is responsible for recording
or filing of legal documents resulting from the transaction which was closed." Provided - -
-that Weld County Title Company conducts the closing of the insured transaction and is
responsible for recording the legal documents from the transaction, Item (a), under
Schedule B, Section 2 will not appear on the Owner's Title Policy and the Lender's
Policy when issued.
Owner's Extended Coverage
The Plain Language Owner's Policy (O.E.C.) is available on one-to-four family residence
properties only,which includes residential condominium units. The policy provides
owner's policy extended coverage, as well as other coverages, which include:
-- Survey Coverage: Including loss from forced removal of existing structure, other than
boundary wall or fence.
NOTE: Adverse matters shown on survey will be excepted from coverage.
-- Mechanic's Lien Protection: (Property must qualify)
-- Insurance against actual loss because the insured cannot use the land for single-family
residence on the basis that such a use violates a restriction or an existing zoning law.
Upon receipt of the applicable premium, "Extended Coverage" will be afforded
the Proposed Owner in the form of: Deletion of exceptions 1-4 under Schedule B,
Section 2; and Issuance of ALTA 1987 Plain Language Policy, upon receipt of the
following items satisfactory to the Company:
1) Final Affidavit and Agreement indemnifying the Company against unfiled
Mechanic's and Materialmen's Liens;
2) Receipt and approval of an Improvement Location Certificate.
Notice of Potential Mineral Severance
If Schedule B of your commitment for an owner's title policy reflects an exception for
mineral interests or leases, pursuant to CRS 10-11-123 (HB 01-1088), this is to-advise: — -
(a) That there is recorded evidence that a mineral estate has been severed, leased
or otherwise conveyed from the surface estate and that 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; and
(b) That such mineral estate may include the right to enter and use property with
out the surface owner's permission.
•
•
NOTICE
Affirmative mechanic's lien protection for the Owner may be available (typically by
deletion of Exception No. 4 of Schedule B, Section-2 of the Commitment from the
Owner's Policy to be issued) upon compliance with the following conditions:
A. The land described in Schedule A of this commitment must be single family
residence which includes a condominium or townhouse unit;
B. No labor or materials have been furnished by mechanics or matieralmen for
purposes of construction on the land described in Schedule A of the Commitment
within the past 6 months;
C. The Company must receive an appropriate affidavit indemnifying the Company
against unified mechanic's and materialmen's liens;
D. The Company must receive payment of the appropriate premium;
E. If there has been construction, improvements or major repairs undertaken on the
property to be purchased within 6 months prior to the Date of the Commitment,
the requirements to obtain coverage for unrecorded liens will include: disclosure
of certain construction information; financial information as to the seller, the
builder and/or the contractor; payment of the appropriate premium; fully executed
Indemnity Agreements satisfactory to the Company and.any additional
requirements as may be necessary after an examination of the aforesaid
information by the Company.
LandAmerica
PRIVACY POLICY NOTICE
Dear Lawyers Title Customer,
The Financial Services Modernization Act, known as the Gramm-Leach-Bliley Act,
requires us to explain to our customers the ways in which we collect and use
customer information.
The statement attached to or on the reverse side of this letter is the privacy policy
of the LandAmerica family of companies. The three largest members of the family
— Commonwealth Land Title Insurance Company, Lawyers Title Insurance
Corporation, and Transnation Title Insurance Company — may issue policies and
handle real estate closings in virtually every part of the country. Some companies
in the family provide other real estate services, and some operate more locally.
You may review a list of LandAmerica companies on our web site
(http://www.landam.com). You may also visit our web site for an explanation of our
privacy practices relating to electronic communication.
Our concern with the protection of your information has been a part of our business
since 1876, when the company that is now Commonwealth Land Title Insurance
Company issued its first policy. We will continue to protect the privacy, accuracy,
and security of customer information given to us.
No response to this notice is required, but if you have questions, please write to us:
LandAmerica Privacy
P.O. Box 27567
Richmond, VA 23261-7567.
LandAmerica Insurance Companies: Commonwealth Land Title Insurance Company, Commonwealth Land Title Insurance
Company of New Jersey, Industrial Valley Title Insurance Company, Land Title Insurance Company. Lawyers Title
Insurance Corporation, Title Insurance Company of America, Transnation Title Insurance Company, Transnation Title
Insurance Company of New York
LandAmerica Title Agents (wholly-owned): American Title Company of Dallas and Fort Worth, Austin Title Company,
ATACO, Inc., Albuquerque Title Company, Atlantic Title &Abstract Company, Capitol City Title Services, Inc., Commercial
Settlements, Inc., Commonwealth Land Title Company; Commonwealth Land Title Company of Austin, Dallas, Fort Worth,
Houston, Puget Sound, and Washington; Congress Abstract Corp., Gulf Atlantic, Lawyers Title Company; Lawyers Title of
Arizona, El Paso, Nevada, and San Antonio; New Mexico Title Co., Partners Title Company, Pikes Peak Title Services,
Property Title Ins. Co., Rainier Title Company, Texas OneStop, Texas Title Company, Title Transfer Service, Inc.,
Transnation Title&Escrow,Wilson Title Company
LandAmerica Title Agents (partially owned): Bankers Alliance Title Agency, Biltmore Abstract, CFS Title Insurance Agency,
Charleston Title Agency, Charter Title Company of Fort Bend, Chatham Settlement, E. Title Agency, First Growth-
Commonwealth Title Agency, First Title & Escrow, Inc., Four Star Title Agency, HL Title Agency, Jones & Tatom Title &
Trust, Land Canada LTD., Land Title Associates, Lawyers Title Galveston, Lion Abstract, Longworth Insured, M/I Title
Agency, M and M Title Services, National Land Transfer(NJ and PA), NIA/ Lawyers Title Agency, RE/Affirm Title Agency,
Residential Abstract, Residential Title, Sibcy Cline Title Agency, Title Affiliates of Central Florida, Naples, Clearwater,
Graham, Indian River, Orlando, Polk County, Tampa Bay, and West Central Florida; TransOhio Residential Title Agency,
TRI Title Agency,TRI-County Title Agency-Michigan,Tri-State Title Agency, University Title Services,
Inspections, Appraisals, Mortgage Servicing, and Ancillary Services: lnspectech, Inc., LandAmerica OneStop, Inc.,
LandAmerica Account Servicing, Inc., LandAmerica Default Service Co., REalitics,TransAccount Services, Inc.
•
LANDAMERICA PRIVACY POLICY
What kinds of information we collect. Most of LandAmerica's business is title
insurance, but there are companies in our family that provide other real estate services
to consumers. We collect information about you, (for instance, your name, address,
telephone number), and information about your transaction, including the identity of the
real property that you are buying or financing. We obtain a copy of any deeds, notes, or
mortgages that are involved in the transaction. We may get this information from you
or from the lender, attorney, or real estate broker that you have chosen. Our title
insurance companies then obtain information from the public records about the
property so that we can prepare a title insurance policy. When we provide closing,
escrow, or settlement services, mortgage lending, or mortgage loan servicing, we may
get your social security number, and we may receive additional information from third
parties including appraisals, credit reports, land surveys, escrow account balances,
and sometimes bank account numbers to facilitate the transaction. If you are
concerned about the information we have collected, please write to us.
How we use this information. The company giving or specifically adopting this notice
does not share your information with marketers outside its own family. There's no
need to tell us to keep your information to ourselves because we share your
information only to provide the service requested by you or your lender, or in other
ways permitted by law. The privacy laws permit some sharing without your approval.
We may share internally and with nonaffiliated third parties in order to carry out and
service your transaction, to protect against fraud or unauthorized transactions, for
institutional risk control, and to provide information to government and law enforcement
agencies. Companies within a family may share certain information among themselves
in order to identify and market their own products that they think may be useful to you.
Credit information about you is shared only to facilitate your transaction or for some
other purpose permitted by law.
How we protect your information. We restrict access to nonpublic personal
information about you to those employees who need the information to provide
products or services to you. We maintain physical, electronic, and procedural
safeguards that comply with law to guard your nonpublic personal information. We
reinforce the company's privacy policy with our employees.
Agents that may be covered by this policy. Often, your transaction goes through a
title insurance agent. Agents that are part of the LandAmerica family are covered by
this policy. Agents that are not part of the LandAmerica family may specifically,
in writing, adopt our policy statement.
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