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HomeMy WebLinkAbout870503.tiff AR21O3575 DEPARTMENT OF PLANNING SERVICES SUBDIVISION EXEMPTION ADMINISTRATIVE REVIEW aw or Applicant: David and Barbara Craver Case #SE-313 m O1 o.' Legal Description: Part of the SW} NE} of Section 36, T1N, R67W of the 6th xf P.M. , Weld County, Colorado. �y n FC Criteria Checklist > oN Meets Criteria Z o Yes No NA CO1 X I . The proposal is consistent with the policies a of the Weld County Comprehensive Plan. H m to Hr X 2. The boundary change or temporary use location zt" which would be allowed on the subject property n w ti by granting the request will be compatible with the surrounding land uses. x F, rn X 3. In those instances when used pursuant to °" p Section 9-3 B. (2) of the Weld County Subdivision W u' Regulations, the request is the best alternative to n dispose of existing improvements in conjunction a with the companion Recorded Exemption. d o APPROVED o t� a Subdivision Exemption is approved in accordance with information submitted in the application and the policies of the County. The Department of Planning Services has deternened through its review that the standards of n oo Section 9-3 E. of the Weld 'County Subdivision Regulations have been met. ON) The Subdivision Exemption was requested for financial purposes only. Under Weld County Subdivision Regulations, the property is still considered as one parcel. No additional "building sites are granted with this Subdivision Exemption. \By � Date June 9, 1987 ur 8705=33 LEGAL DESCRIPTION LOT A m ro o u 0 A part of the Southwest one-quarter of the Northeast one-quarter of Section o 36, Township 1 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado, described as follows: M K Beginning at the Northwest corner of the Southwest one-quarter of the > Northeast one-quarter of said Section 36; z o zo 1-71 w thence South 00°00'00" West on an assumed bearing along the West line M of the Southwest one-quarter of the Northeast one-quarter of said t u Section 36 a distance of 694.00 feet; o Thence North 88°48'52" East a distance of 167.00 feet; '-3 rn Thence North 07°40'45" West a distance of 328.29 feet; H Thence North 00°34'41" West a distance of 82.55 feet; z v+ Thence North 12°32'04" East a distance of 289.08 feet to the North n co ti line of the South one-half of the Northeast one-quarter of said Section 36; F, Thence North 89°51' 15" West along said North line a distance of 185.00 feet to the Point of Beginning. ° A 7y w Contains: 2.319 Acres, more or less. n t7 t+i u d o tic O n O N O n o O N 870503 DEPART.ENT OF PLANNING SERVICES s ' PHONE(303)356-4000 EXT.4400 915 10th STREET r GREELEY,COLORADO 80631 ro 114 • r its COLORADO June 4, 1987 Mr. Randy Clendennen 636 Weld County Road 23-1/2 - - Brighton, CO 80601 Re:: David L. and Barbara J. Craver Dear Mr. Clendennen: Your subdivision exemption application is complete and in order and will be processed by our office on or before June 30, 1987. If it is determined that the application meets the approval criteria of Section 9-3 E. of the Weld County Subdivision Regulations, you will be notified that the subdivision exemption is approved. If the staff determines that the application does not meet the approval criteria, you will be notified and asked to _appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date at least a week prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the subdivision exemption. If you have any questions concerning this matter, please feel free to call . me. Respectfully, Bri J. Bingl Current Planner BJB:rjg ,7naz6I ln—'`V-97 ADMINISTRATIVE REVIEW FLOW SHEET CASE 11 JE S'S APPLICANT: vA./'o Ati 15" A <-/.s1vCY4. REQUEST: �uaoi.//s is Fort r# ,c7e4q osE o` FAciL/rib's-/6 f3ETY 7.4.9 //-/C7 LEGAL: /ter Jwy,-iE'/ 36 - /- c LOCATION: Zie.coyc, /4-..r-ex-e- 44:‘,0345 aA Lass ic/szn/ of TLS Cr' of /�' RiGHTOF� .sr aF &dal 23/z Date By Application received 6-f- e2,7 Application complete C_ '-e re Letter to applicant drafted C-s-e7 I Referrals listed N� File assembled Letter to applicant mailed Referrals mailed I Chaindexed I DPS recommendation drafted c _ s!_ a x• Administrative Review decision: ,4si..ovzr — History card completed . r COMMISSIONERS' HEARING DATE: Date By Air photo and maps prepared Field check by DPS staff CC Action: CC resolution received History card completed Recorded on maps and/or filed /(--/ Q 4"en . of fmbe—re ' 06 .Ar/oKHGY- SUBDIVISION EXEMPTION BEFORE / / NE COR.--)\ MW COR.SWV4 NEI/4 / / SEC. 36 SEC.3I,7IN,R�7W .— — _Road 2 3/4 1 ' North Lin, w I ' _ _ — 589°51'15��Ef^ --....c2636.59 SVt.NEI/4 � �� 0 - - - - 834.64 1.4'-s 4{4.{S I NE COR. 1519.70 SWI/4,NE1/4 NE COR. SE 1/4,NE 1/4 Y II I I I ' NIIN n NI IM 7 Eut Lino 4 R co NL W N vI I en 00 I .r I a W 8 3 Contains: 27.448 Ac.± • W .63 � m 0 O 8 wI, o u o N ° z o 0 v rn I m v x I 3 a , 4--West Lino a SW1/44 NE 1/4 p. Ov 4.t• South Una 14'0 825.77 17.{'747 {SI/2,NfV4 1{IS_{3 Rr SW COR SWI/4 14 h �' X N 89°52110�‘4„ 2639.40 NE1/4, EC.36 SE LOA,3E1/4 SEC.3{ TIN,R{7W NE/4.CON I (CENT&RI IEI4 OR. N -- -SECTION CORNER W O O E r-PROPERTY PIN OO 3---1--EXISTING FENCE S SCALE : Ill =300' LEGAL DESCRIPTION: A part of the Southwest one-quarter of the Northeast one-quarter of Section 36, Township 1 North, Range 67 West of the 6th Prin- cipal Meridian, Weld County, Colorado, described as follows: Beginning at the Northeast corner of said Section 36; thence SOO°02 ' 08"W on an assumed bearing along the East line of the North- east one-quarter of said Section 36 a distance of 2635.75 feet to the East one-quarter corner of said Section 36; thence N89°52' 10"W along the South line of said Northeast one-quarter a distance of 1813.63 feet to the True Point of Beginning; thence continuing N89° 52' 10"W along said South line a distance of 825.77 feet to the Southwest corner of the Southwest one-quarter of the Northeast one- quarter of said Section 36; thence N00°00'00"E along the West line of said Southwest one-quarter of the Northeast one-quarter a dis- tance of 1318.58 feet to the Northwest corner of the Southwest one- quarter of, the Northeast one-quarter of said Section 36; thence S89°51 ' 15"E along the North line of the South one-half of the North- east one-quarter a distance of 834.64 feet to a point, said point being 484.65 feet West of the Northeast corner of the Southwest one- quarter of the Northeast one-quarter; thence S00°23'08"W a distance of 1318.37 feet to the True Point of Beginning. Contains: 27.448 Acres more or less. • FILE Na 36-IN7-04 I . • SUBDIVISION EXEMPTION AFTER II NE COR NWCOR.SWI/4 NEI/4 " SEC. 36 `SEC.366/TIN,R�7W _Rood 2 3/4 _ I I ' 834.64 —389°5115"Er-2638.59 SV2,NE1/4 —mallorth Lino n I 0 165.00 T.P.O.B. 149.64 1.4' 't. 494..65 1111.50 LOT B NE COR. NE COR. „ SWI/I,NEI/1 SEI/I,NEI/4 N12°3204 E Y 289.09 I . 8 NOO°34'41"W 4. I fi 02.55 01CO in •_ LOT A in m Contoin5:2.319 Ac.i ts in 0 M ,n E""1 Lin" E in N N07°40'45"W NE I/4 N 328.29 NI t EC W I m w ✓ O o 167.00 3 O 0 p N80°4852"E N c. 0 0 0 M !n O CJ 0 0 0 a LOT B 8 I N co n Contains: 25.129 Ac.± Ii. Y r + —West NE1/4 i n South Om We 825.77 17.1'-, 1SI/2,NEV4 �O 1.13_6! la i K N Y N 89°52'IO'W- 2639.40 SW C ' k /4 NEI/4,SEC.3C.39 SE CSEC./4 SEC.36 TIN,R67W NEI/4,SEC.36 KENT ERI IEI/4 COR.1 O O + -SECTION CORNER . 0- -PROPERTY PIN W E SCALE:I"=300 OO _A_,_ EXISTING FENCE • S - LEGAL/DESCRIPTION LOT A: n A part of the Southwest one-quarter of the Northeast one-quarter of Sectio 36, Township 1 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado, described as follows: Beginning at the Northwest corner of the Southwest one-quarter of the North- east one-quarter of said Section 36; thence S00°00'00"W on an assumed bearing along the West line of the Southwest one-quarter of the Northeast one-quarter of said Section 36 a di4s'tance of 694.00 feet; thence N88°48'52"E a distance of 167.00 feet; thence N07°40'45"W a distance of 328.29 feet; thence N00°34' 41"W a distance of 82.55 feet; thence N12°32'04"E a distance of 289.08 feet to the North line of the South one-half of the Northeast one-quarter of said Section 36; thence N89°51'15"W along said North line a distance of feet to the Point of Beginning. Contains: 2.319 Acres more or less. _ LEGAL DESC IPTION-L-OT-B - A part of the Southwest one-quarter of the Northeast one-quarter of Section 36, Township 1 North, Range 67 West of the 6th Principal Meridian, Weld County, Colorado, described as follows: Beginning at the Northwest corner of the Southwest one-quarter of the North- east one-quarter of said Section 36; thence S89°51 '15"E on an assumed bearing along the North line of the South one-half of the Northeast one-quarter of said Section 36 a distance of 185.00 feet to the True Point of Beginning; thence continuing 589°51 .15"E along said North line a distance of 649.64 feet; thence SOO°23'08"W a distance of 1318.37 feet to a point on the South line of the South one-half of the Northeast one-quarter of said Section 36; thence N89°52'10"W along said South line a distance of 825.77 feet to the Southwest corner of the Southwest one-quarter of the Northeast one-quarter of said Section 36; thence NOO°00'00"E along the West line of the Southwest pne-quarter of the Northeast one-quarter of said Section 36 a distance of 624.58 feet; thence N88°48'52"E a distance of 167.00 feet; thence N07°40'45"W ' a distance of 328.29 feet; thence N00°34'41"W a distance of 82.55 feet; thence N12°32'04"E a distance of 289.08 feet to the True Point of Beginning. Contains: 25.129 Acres more or less. • •,i�• • • APPLICATION FOR SUBDIVISION EXEMPTION PHONE: 356-4000 Ext. 4400 Department of Planning Services, 915 lOth .Street, Greeley, Colorado 80631 FOR PLANNING DEPARTMENT USE ONLY: • CASE NO. APPL. FEE ‘0114A2 5 4d ZONING DISTRICT RECEIPT NO. /(5- // DATE APPL. CHECKED BY TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures) : I (we) , the undersigned hereby request that the following described property be exempted from the definition of the terms "subdivision" or "subdivided land" in accordance with Section 9-3 of the Weld County Subdivision Regulations by the Weld County Board of County Commissioners. 5.w Not Qogc}t.,- e General legal description of total involved parcel(s) M,C, -g04,4k, ' Section 3 (to R (o' W Has this property been divided from or h divided from it any other, property since August 30, 1972? Yes No FEE OWNERS OF I cD PROPERTY: Name: DiSed L c- BAA-J04-4,_ .' G4a t1� Address: &S ( Cw'eJ/e_ 3>2 Arvcl a2aao 42ç , 9v}1ot Name: Address: Phone Name: Address: Phone Total acreage of the total property involved: 2 7. yc/' Existing land use of the total property involved: 9- -7- Existing land use of the • adjacent properties: North: 0 _ South: e y . East: � West: elf I hereby depose and state under the penalties of perjury 't at all statements, proposals, and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. STATE OF COLORADO ) COUNTY OF WELD ) G✓ Sign u e: • Owner or Au orized Agent g. Subscribed and= sworn to before me this. l — l day of Q,.. __, , 19%1 . • - ' ' No16kary Public My Commission Expires Feb. 13, 1989 My Commission expires: • • -41.5 /l¢% 4- 7-at /a Sobci Li .� .e� Ei'en,r/4, Seri- 1444i e_ .S AS Id I 4i3& 122 kir, ,I U ._c)•nlc1/4.4lCI_ On) �l•dQ/Qi' Joe— . I • • ^^ Transamerica 1! Transamerica Title Insurance a Company Title Services • r Randy Clendennen 636 WCR #231 Brighton, CO 80601 December 2 , 1986 L J We are pleased to have the opportunity to be of service. Enclosed is Commitment No. 8023532 s • COMMITMENT FOR TITLE INSURANCE ISSUED BY Transamerica Title Insurance Company AMOUNT PREMIUM I-Household Bank OWNER $ 1795 E. Bridge MORTGAGE $ TBD $ TBD Brighton, CO 80601 ADDITIONAL CHARGES $ * Attn: Pat Whitfield COST OF TAX CERTIFICATE $ SURVEY COSTS $ *Form 100 $20 . 00. TOTALS $ Your Reference CC's To: 8023532 c TA Brighton Otheol County No. 3010842 Randy Clendennen Sheet 1 of_4_ 636 WCR #23; Brighton, CO 80601 COMMITMENT TO INSURE Transamerica Title Insurance Company, a California corporation, herein called the Company,for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the conditions and stipula- tions attached. Deanna Miller/dp Margaret A. Stephenson Customer Contact: By Phone: 659-8270 AUTHORIZED SIGNATURE The effective date of this commitment is November 26 19 86 at 7 : 00 M. At which time fee title was vested in: DAVID L. CRAVER and BARBARA J. CRAVER, in joint tenancy SCHEDULE A 1. Policies to be issued: (A) Owners': (B) Mortgagee's: HOUSEHOLD BANK fsb, a Federal Savings Bank, and/or assigns Form No.C-14$1 Rev.7-1-81 e • • 8023532 Sheet 3 of 4 • SCHEDULE A—Continued 2. Covering the Land in the State of Colorado, County of Weld Described as: A tract of land located in the SW; of NEQ of Section 36 Township 1 North, Range 67 West of the 6th P.M. , more particularly described as follows : BEGINNING at the Northeast corner of said Section 36 and proceeding on an assumed bearing of due South of which all other bearings described herein are relative thereto along the East line of said Section 36 , 2636 . 6,0 feet to the East quarter corner of said Section 36 ; thence S88°37 ' 40"W along the South line of the NEa of said Section 36 , 1813. 63 feet to the TRUE POINT OF BEGINNING: thence from the TRUE POINT OF BEGINNING S88°37 '40"W along the South line of the NEa of said Section 36 , 837 . 37 feet to the center of said Section 36 ; thence N00°16 ' 20"E along the West line of the NEa of said Section 36 , 1354 . 65 feet; thence N89°25 ' 20"E along the North line of the SW; of NEa of said Section 36 , 837. 12 feet; thence S00°16 ' 20"W 1343 . 05 feet to the TRUE POINT OF BEGINNING. Form No.C-142.2 8023532 Sheet 3 of 5 SCHEDULE A—Continued REQUIREMENTS 3. 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 clerk and recorder of the county in which said property is located. A. Release by the Public Trustee of: Deed of Trust from DAVID L. CRAVER and BARBARA J. CRAVER to the Public Trustee of the County of Weld for the use of UNITED BANK OF BRIGHTON to secure $212 ,500 . 00 dated September 6, 1985 recorded September 12, 1985 in Book 1084 as Reception No. 02024571 Assignment of Leases and Rents recorded September 12 , 1985 in Book 1084 as Reception No. 02024572 , given in connection with the above Deed of Trust. B. Termination Statement for Financing Statement from DAVID L. CRAVER and BARBARA J. CRAVER, debtors to UNITED BANK OF BRIGHTON, secured party, filed January 23, 1985 as Filing No. U0198624 , recorded January 23 , 1985 in Book 1056 as Reception No. 1996197 , giving a notice of a security interest pursuant to the Uniform Commercial Code. C. Legal description of the property to be conveyed must be delivered to and approved by Transamerica Title Insurance Company. D. Deed from DAVID L. CRAVER and BARBARA J. CRAVER to RANDY L. CLENDENNEN and JANIS L. CLENDENNEN E. Deed of Trust from DAVID L . CRAVER and BARBARA J. CRAVER to the Public Trustee of the County of Arapahoe for the use of HOUSEHOLD BANK fsb, a Federal Savings Bank to secure AMOUNT TO BE DETERMINED Form No.C-142.3 • • 8023532 Sheet 4 of 4 SCHEDULE B THE POLICY OR POLICIES TO BE ISSUED HEREUNDER WILL NOT INSURE AGAINST: 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, im- posed by law and not shown by the public records. 5. 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. 6 . The Huett Seepage Ditch and laterals and any and all rights of way therefore, insofar as same may affect the subject property. 7 . Right of way over the North 30 feet of the subject property as con- veyed to William T. Spencer, by virtue of Warranty Deed dated January 28 , 1965 , recorded February 1 , 1965 in Book 533 as Reception No. 1455323 . 8 . Lack of a right of access from the land to any open public road, street or highway. NOTE: This exception is necessary because it does not appear from the instruments in the office of Clerk and Recorder of the County in which the subject property is situate that any right of access exists to an open public roadway. NOTE: The following notices pursuant to CRS 9-1. 5-103 concerning under- ground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of under- ground facilities within the subject property. (a) Mountain Bell Telephone Company, recorded October 1 , 1981, in Book 949 , as Reception No. 1870705 . (b) Associated Natural Gas, Inc. , recorded July 20 , 1984 , in Book 1037 , as Reception No. 1974810 . (c) Colorado Interstate Gas Company, recorded August 31, 1984 , in Book 1041, as Reception No. 1979784 . (d) Panhandle Eastern Pipe Line Company, recorded June 26 , 1986 in Book 1117 as Reception No. 2058722 . (e) Public Service Company of Colorado, recorded November 9 , 1981 , in Book 952 , as Reception No. 1874084 . (f) Western Slope Gas Company, recorded March 9 , 1983 in Book 990, as Reception No. 1919757 . Form No.C-142.4 Rev.4-18-75 • • ATTACHED TO AND FORMING PART OF COMMITMENT NO. 8023532 C Sheet 1 of 1 ENDORSEMENT NO. 1 The exceptions designated on the Commitment as numbers 1, 2, 3 and 4 will be deleted from the Mortgage Policy to be issued by Endorsement Form 110. 1; Endorsement Form 110. 1 is a No Charge Endorsement; The Mortgage Policy to be issued, will contain Land Title Association of Colorado Endorsement Form 100; subject to the following: 1. Receipt and approval by Transamerica Title Insurance Company of an Improvement Location Certificate or Survey properly certified by a licensed surveyor. If the property to be insured is a Condominium this requirement. is not necessary. 2. Addition to the Policy for matters disclosed by the surveyor. 3. Receipt by Transamerica Title Insurance Company of the attached Indemnity Agreement, properly signed by all parties to this transaction, for the deletion of Excep- tion number 4 . (Mechanics Lien Protection) 4. The charge for Endorsement Form 100 is $20. 00. In all other respects said commitment shall remain the same. TRANSAMERICA TITLE INSURANCE COMPANY By Margaret A. Stephenson Authorized Signature Dated: • • • MECHANIC'S LIEN AGREEMENT OF INDEMNIFICATION This Agreement of Indemnification is made by— The undersigned (hereinafter referred to as"Indemnitor(s)") for the benefit and protection of Transamerica Title Insurance Company (hereinafter referred to as"The Company"); WHEREAS,The Company is being requested to issue its policy(ies) of title insurance insuring an interest in or title to the real property in the County of WeId__ _State of Colorado , described in No`$0235_3____—issued by The Company on the ._2_6th___ day of_N.OYember ,1986 or which is described as: Per Schedule A of said Carmitrnent and WHEREAS,certain works of improvement have been, or will be,commenced on the above-mentioned land;and WHEREAS,The Company is unwilling to issue said policy(ies)without an exception(s) as to the liens of mechanics which affect or may affect the title hereto; and WHEREAS, the Indemnitor recognizes that The Company, in the normal course of its business, would not issue its policy(ies) insuring over mechanic's liens unless the Indemnitor indemnifies The Company as hereafter agreed. NOW, THEREFORE, THE INDEMNITOR AGREES that in consideration of the issuance of a policy(ies) of title insurance without showing therein any exception for mechanics' liens, will hold harmless, protect and indemnify The Company from and against any and all liabilities, losses, damages, expenses and charges, including but not limited to attorneys'fees and expenses of litigation, which may be sustained or incurred by The Company under, or arising directly or indirectly out of the issuance of any policy(ies)covering said land issued in manner so desired by Indemnitor; or under, or arising directly or indirectly out of the issuance of any policy(ies) of title insurance covering said land or any portion thereof, which The Company or its agents may at any time thereafter issue; and resulting directly or indirectly from any of the mechanics'liens indemnified against, or from any claim,action, proceeding,judgment,order or process arising from or based upon or growing out of any of said mechanics'liens or the omission to show any of the same in any policy of title insurance or title report. AND THE INDEMNITOR FURTHER AGREES that Indemnitor will diligently provide for the defense of any action based upon any mechanics'liens,counsel to be selected and/or approved by The Company at its sole discretion,and will promptly do all things necessary or appropriate to cause the title to said land to be cleared of the effect of said mechanics'liens and any other matters based thereon or arising directly or indirectly therefrom, and of any cloud on title created by or growing out of any of the foregoing; all of which shall be done at the sole expense of Indemnitor. If Indemnitor shall fail so to do then The Company may do the same, and may pay, compromise or settle any such mechanics' liens or any claim or demand based thereon if The Company deems such actions necessary for the pro- tection of any of its insureds under any policy or of itself; and Indemnitor shall promptly reimburse The Company for any payment, expense or expenditure made or incurred in so doing. If The Company holds any funds or security for the obligations of Indemnitor hereunder. it shall not be obligated to resort to such funds or security before enforcing the obligations of Indemnitor, but may enforce such obligations by any lawful means in the same manner and to the same extent as if no such funds or security were held. AND THE INDEMNITOR FURTHER AGREES that for the purpose of carrying out the provisions of the last mentioned paragraph, Indemnitor does hereby name,constitute and appoint The Company its attorney-in-fact to do all things necessary and convenient. • • • AND THE INDEMNITOR FURTHER AGREES that in the event that any judgment shall be or shall have been rendered or any process shall be or shall have been issued,based upon mechanics' liens or any other matters growing out of any of the same, under which a sale could be held affecting or purporting to affect said land or any portion thereof, Indemnitor promises and agrees that it will satisfy the same and cause the same to be satisfied and discharged of record prior to the occurrence of any such sale. AND THE INDEMNITOR FURTHER AGREES that nothing herein shall be construed as an obligation on the part of The Company to issue any policy(ies)of title insurance nor an obligation on the part of The Company to obtain the issuance thereof, but in the event The Company does issue any policy(ies)in the manner contemplated,the under- signed Indemnitor gives the assurance and makes the agreements herein set forth, for the benefit of The Company AND THE INDEMNITOR FURTHER AGREES that for the purpose of carrying out the provisions of this Agreement, the Indemnitor hereby pays The Company the sum of nlc dollars($ —0— _)and The Company,in its sole discretion,may use any portion or portions or all of said funds for such purposes.At such time as all obligation of Indemnitor hereunder has been fully performed and the title to said real property is free of the effect of the mechanics'liens and free of the effect of any matters growing out of or based upon those mechanics'liens and The Company has no present or contingent liability arising out of said mechanics'liens,The Company will repay to Indemnitor all funds remaining unused by The Company. AND THE INDEMNITOR FURTHER AGREES that The Company is hereby granted the right,at any time or from time to time, to examine the books, accounts and records of Indemnitor, pertaining to any works of improvement upon the land, and Indemnitor will, upon request, promptly furnish The Company with copies of all receipted bills or other evidence of payment or set-off for works of improvement upon the land and such other and further assurances and/or security as may be reasonably requested by The Company for its protection from liability. AND THE INDEMNITOR FURTHER AGREES that The Company is hereby granted the right to rely upon this Agreement in issuing policies to title insurance with respect to the land, whether or not Indemnitor is the person ordering the same, regardless of any change in ownership, title or interest in the land or the works of improvement thereon,or of any change of Indemnitor's interest therein. Said right shall extend to subsequent policies issued with respect to the land. However, Indemnitor may terminate said right at any time by giving a notice of termination in writing, describing the land, signed by Indemnitor and delivered to The Company.The notice given under this para- graph shall be effective within a reasonable time after receipt by The Company. AND THE INDEMN ITOR FURTHER AGREES that wherever the term policy(ies)is used in this Agreement, it also shall include any document issued to its customer such as binders,commitments,title reports. guarantees,letter reports. AND THE INDEMNITOR FURTHER AGREES that,if suit shall be brought to enforce this Agreement, Indemnitor will pay the attorneys'fees of The Company AND THE INDEMNITOR FURTHER AGREES that all of the obligations of Indemnitor hereunder shall be several as well as joint. All of the provisions of this Agreement shall inure to the benefit of and bind the parties hereto and their legal representatives and successors in interest. IN WITNESS WHEREOF the Indemnitors have executed this Mechanics' Lien Agreement of Indemnification this _ day of , 19 (Indemnitor) DAVID L. CRAVER - (Indemnitor) BARBARA J. CRAVER • Form No.421 New 3-84 • • Transamerica Title Insurance Company Arapaho-Douglas Lorimer 2000 West Littleton Boulevard 151 West Mountain Avenue Littleton,Colorado 80120 Fort Collins.Colorado 80521 (303)795-4000 (303)493-6464 Denver,Adams - Mesa 1800 Lawrence Street 531 Rood Avenue Denver.Colorado 80202 Grand Junction,Colorado 81501 (303)291-4800 (303)234-8234 • Boulder PItkin 1317 Spruce Street 601 East Hopkins Street Boulder.Colorado 80302 Aspen.Colorado 81611 (303)443-7180 (303)925-1766 • Eagle Pueblo 0020 Eagle Road 827 North Main Street Eagle-Vail,Colorado 81658 Pueblo,Colorado 81003 (303)949-5613 (303)543-0451 El Paso Routt-Jackson 418 South Weber Street 507 Lincoln Street.Box 773568 Colorado Springs,Colorado 80903 Steamboat Springs,Colorado 60477 (303)634-3731 (303)879-1811 • Jefferson Weld 1675 Carr Street 918 Tenth Sheet Lakewood,Colorado 80215 Greeley,Colorado 80631 1303)231-2800 (303(352-2283 Transamerica Title Services CONDITIONS AND STIPULATIONS Please read carefully 1. This is a Commitment to issue one or more policies of title insurance in our Standard Form when the requirements set forth in the Commitment have been satisfied.The policy is available and should be examined before this Commitment is used if there is any question about coverage. 2. Only the policies shown are committed to. If there are any changes in the transaction, order an amendment from us. 3. The date on this Commitment is important.Nothing after that date has been considered by us. 4. This Commitment is good for 6 months only.Extensions should be ordered from us if they are needed. Hello