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Home My WebLink About992754.tiff Loveland STEWART TITLE Greeley 3850 N. Grant Ave. MAIN OFFICE AND TITLE PLANT 3459 W. 20th Street Loveland, CO 80538 3665 John F. Kennedy Parkway Suite 222 (970) 669-4071 Building 2, Suite 100 Greeley, CO 80631 Fax (970) 669-4078 Fort Collins, CO 80525 (970) 356-5573 (970) 226-4399 Fax (970) 356-7058 Estes Park Title Fax (970) 282-0822 363 E. Elkhorn Ave. Escrow Fax (970) 226-4499 P.O. Box 871 Estes Park, CO 80517 (970) 586-3566 Fax(970) 586-3578 August 06, 1999 ORDER NO. 99059498 RE: VACANT LAND GELVIN/TBD LESLIE R. GELVIN AGRI ENTERPRISES, INC. 332 S. LINK LANE FORT COLLINS, CO 80524 ATTENTION: LESLIE Original In connection with the above Order No. we are transmitting the following: Title Commitment _XX_ Endorsement Policy Tax Certificate Other THANK YOU for your "Title Insurance and Escrow Closing" business! Please specify "STEWART TITLE SERVICES" in the future! If you have any questions regarding this commitment, please call EXAMINER: JAN STEPHENSON EXHIBIT '5 992754 American Land Tide Association Commitment-Modified 3/78 COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, A Texas 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 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. Signed under seal for the Company, but this Commitment shall not be valid or binding until it bears an authorized Countersignature. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. STEWART TITLE GUARANTY COMPANY • VV (!!IChairman of the Boa Countersignedi 71(//‘7,ii E, 7 Authorized Countersignature STEWART TITLE OF LARIMER COUNTY,INC. 3665 JFK PARKWAY,BLDG.2,SUITE 100 FORT COLLINS,COLORADO 80525 (970)226-4399 Agent ID#06040A _ Order No. 99059498 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 undertaking 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, the 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. 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. STEWART TITLE GUARANTY COMPANY All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252, and identify this commitment by its printed COMMITMENT ORDER NUM- BER which appears on the bottom of the front of the first page of this commitment. SCHEDULE A Order Number: 99059498 1. Effective date: May 26, 1999 at 7:45 A.M. 2. Policy or Policies to be issued: Amount of Insurance (a) A.L.T.A. Owner's 10-17-92 $ TBD Proposed Insured: (b) A.L.T.A. Loan 10-17-92 $ Proposed Insured: (c) A.L.T.A. Loan 10-17-92 $ Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is fee simple 4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in: LESLIE R. GELVIN AND JEANNE GELVIN S. The land referred to in this Commitment is described as follows: LOT A, OF RECORDED EXEMPTION NO. 0705-7-1-RE 1723, RECORDED SEPTEMBER 19, 1995, AT RECEEPTION NO. 2456213, BEING A PART OF THE NE 1/4 OF SECTION 7, TOWNSHIP 7 NORTH, RANGE 67 WEST OF THE 6TH P.M. , COUNTY OF WELD, STATE OF COLORADO. Examiner: JAN STEPHENSON Purported Address: STATEMENT OF CHARGES These charges are due and payable before a VACANT LAND Policy can be issued. WELD COUNTY, CO Owner's Premium $ 229. 00 SCHEDULE B -• Section I Order Number: 99059498 REQUIREMENTS The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. THE REQUIREMENTS FOR THIS COMMITMENT SHALL BE DETERMINED AT A LATER DATE 2. NOTE: "The COMPANY reserves the right to make any additional REQUIREMENTS AND/OR EXCEPTIONS to this commitment and any subsequent ENDORSEMENTS thereto, once the NAME(S) of the INSURED(S) and the AMOUNT(S) of LIABILITY have been DISCLOSED" SCHEDULE B Section 2 Order Number: 99059498 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 heretofore 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. 6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 7. Any and all unpaid taxes, assessments and unredeemed tax sales. 8. Right of Way for county roads 30 feet wide 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. 9. Reservation as contained in instrument from the Union Pacific Railroad Company recorded OCTOBER 18, 1887, in Book 69 at Page 506, Weld County Records, which is as follows: "EXCEPTING AND RESERVING to said Union Pacific Railroad Company, its successors and assigns: FIRST: All oil, coal and other minerals within or underlying said lands. SECOND: The exclusive right to prospect in and upon said land for oil, coal and other minerals, therein or which may be supposed to be therein, and to mine for and remove from said land all oil, coal and other minerals which may be found thereon by anyone. THIRD: The right of ingress, egress and regress upon said land to prospect for, mine and remove any and all such oil, coal or other minerals and the right to use so much of said land as may be convenient or necessary for the right of way to and from such prospect places, mines, and for the convenient and proper operation of such prospect places, mines and for roads and approaches thereto, or for removal therefrom of oil, coal, mineral, machinery or other materials. FOURTH: The right to said Union Pacific Railroad Company to maintain and operate its railroad in its present form of construction and to make any change in the form of construction or method of operation of said Railroad. " 10. An easement and right of way for ditch and incidental purposes as granted to Water Supply and Storage Company by an instrument recorded SEPTEMBER 3, 1892 in Book 76 at Page 512 upon the terms and conditions therein set forth. 11. Right of Way for ditch and incidental purposes as granted to by an instrument Continued on next page Continuation of Schedule B - Section 2 Order Number: 99059498 recorded OCTOBER 31, 1892 in Book 106 at Page 522 upon the terms and conditions therein set forth. 12. An easement and right of way as granted to The United States of America by an instrument recorded AUGUST 2, 1951 in Book 1308 at Page 222 upon the terms and conditions therein set forth. 13. An easement and right of way as reserved in instrument recorded JUNE 20, 1975 in Book 741 at Reception No 1663350, upon the terms and conditions therein set forth. 14. Oil and gas lease recorded DECEMBER 5, 1989 in Book 1250 at Reception No. 2199366, and any and all assignments thereof, or interests therein. 15. An easement for water lines and incidental purposes as granted to NORTH WELD COUNTY WATER DISTRICT by an instrument recorded APRIL 1, 1992 in Book 1330 at Reception No. 2282775 upon the terms and conditions therein set forth. 16. Terms, notes and easements as shown on the Map of Recorded Exemption No. 0705-7-1-RE 1723, Recorded September 19, 1995 IN Book 1511 at Reception No. 2456213. 17. 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 with in subject property: (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949, under Reception No. 1870705. (b) Western Slope Gas Company, recorded March 9, 1983 in Book 990 under Reception No. 191957. (c) Associated Natural Gas, Inc. , recorded October 1, 1984 in Book 1045 under Reception No. 1983584. (d) Panhandle Eastern Pipe Line Company, recorded June 26, 1986 in Book 1117 under Reception No. 2058722. (e) Wiggins Telephone Association, recorded October 14, 1992 in Book 1354 under Reception No. 2306829. 18. Improvement Assessment Lien as established by Resolution recorded Januay 14, 1992 in Book 1323 at Reception No. 2275146. 19. Deed of Trust dated FEBRUARY 9, 1999, executed by LESLIE R. GELVIN AND JEANNE GELVIN to the Public Trustee of WELD County, to secure an indebtedness of $279,000.00, in favor of FARM CREDIT BANK OF WICHITA, recorded FEBRUARY 16, 1999 at Reception No. 2673550. EXHIBIT A Pursuant to Senate Bill 91-14 (C.R.S. 10-11-122) Notice is hereby given that: (a) The subject real 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 Count 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. Pursuant to Senate Bill 92-143 (C.R.S. 10-11-122) Notice is hereby given that: A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. Hello