HomeMy WebLinkAbout20230457.tiffPIT(
Heritage
Title Company
Date:
File No.:
Buyer(s)/Borrower(s):
Property:
Assessor Parcel No.:
October 4, 2022
459-HS0808887-002
Wayne Morrow and Brenda Hart
15607 Caroline Ave, Fort Lupton, CO 80621-4301
R0140389, 1309-27-1-14-009 and Map 1413
627 E Bridge St
Brighton, CO 80601
Phone: 720-728-7209 / Fax: 303-628-1647
PLEASE TAKE NOTE OF THE FOLLOWING REVISED TERMS CONTAINED HEREIN:
WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. FOR WIRING
INSTRUCTIONS, PLEASE CONTACT YOUR ESCROW OFFICE AS NOTED ON THE TRANSMITTAL PAGE
OF THIS COMMITMENT.
To: Wayne Morrow and Brenda Hart
END OF TRANSMITTAL
Title Transmittal Printed: 10.04.22 @ 03:53 PM by V
COD1101.doc/ / Updated: 12.31.21
Page 1 CO-CW-FFAH-01610.110026-HS0808887
CLTA CHAIN OF TITLE GUARANTEE
Guarantee Number:
Issued By:
re) COMMOnwealthTM
LAND TITLE INSURANCE COMPANY
HS0808887
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND
STIPULATIONS OF THIS GUARANTEE,
COMMONWEALTH LAND TITLE INSURANCE COMPANY
a corporation, herein called the Company
GUARANTEES
the Assured named in Schedule A of this Guarantee against actual monetary loss or damage not exceeding the liability
amount stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in
Schedule A.
Heritage Title Company - Brighton
627 E Bridge St
Brighton, CO 80601
Countersigned By:
/144.7
Terry N. Williams
Authorized Officer or Agent
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Commonwealth Land Title Insurance
Company
By:
Michael J. Nolan, President
Attest:
Marjorie Nemzura, Secretary
CLTA Chain of Title (06/06/1992) Printed: 10.04.22 @ 03:53 PM
Page 2 CO-CW-FFAH-01610.110026-SPS-0-22-HS0808887
NOTICE CONCERNING FRAUDULENT INSURANCE ACTS
(This Notice is Permanently Affixed Hereto)
It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company
for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines,
denial of insurance, and civil damages. Any insurance company or agent of an insurance company who
knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the
purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award
payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the department
of regulatory agencies.
C. R. S. A. § 10-1-128 (6)(a).
Anti -Fraud Claim Statement Printed: 10.04.22 @ 03:53 PM
Page 3 CO-CW-FFAH-01610.110026-SPS-0-22-HS0808887
COMMONWEALTH LAND TITLE INSURANCE
COMPANY
GUARANTEE NO. HS0808887
ISSUING OFFICE:
Heritage Title Company - Brighton
627 E Bridge St
Brighton, CO 80601
Main Phone: 720-728-7209
SCHEDULE A
Liability
Fee
Title Officer
$170.00
$170.00
Leanna Boland
1. Name of Assured: Wayne Morrow and Brenda Hart
2. Date of Guarantee: September 28, 2022 at 12:00 AM
The assurances referred to on the face page are:
That, according to those public records which, under the recording laws, impart constructive notice of matters relating
to the interest, if any, which was conveyed to
Wayne Morrow and Brenda Hart
pursuant to a Warranty Deed recorded August 24, 2012 at Reception No. 3868522
in and to the land described as follows:
Lot 5, Block 22, Aristocrat Ranchettes, Inc. subdivision, County of Weld, State of Colorado.
Only the following deeds appear in such records subsequent to May 17, 1961:
1. Book 1584 Page 610 Reception No. 1355463
2. Reception No. 2148197
3. Reception No. 2160496
4. Reception No. 2182045
5. Reception No. 2372237
6. Reception No. 2791936
7. Reception No. 3458311
8. Reception No. 3468836
9. Reception No. 3868522
CLTA Chain of Title (06/06/1992) Printed: 10.04.22 @ 03:53 PM
Page 4 CO-CW-FFAH-01610.110026-SPS-0-22-HS0808887
COMMONWEALTH LAND TITLE INSURANCE
COMPANY GUARANTEE NO. HS0808887
SCHEDULE A
(continued)
This Guarantee does not cover:
1. Taxes, assessments, and matters related thereto.
END OF SCHEDULE A
CLTA Chain of Title (06/06/1992) Printed: 10.04.22 @ 03:53 PM
Page 5 CO-CW-FFAH-01610.110026-SPS-0-22-HS0808887
COMMONWEALTH LAND TITLE INSURANCE
COMPANY GUARANTEE NO. HS0808887
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
1. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage
by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records.
(b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or (2) Proceedings by a public agency
which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by
the records of the taxing authority or by the public records.
(c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or
title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records.
2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or
damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly
described in the description set forth in Schedule (A) of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which
such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein,
unless such property, rights or easements are expressly and specifically set forth in said description.
(b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered,
assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or
potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided.
(c) The identity of any party shown or referred to in Schedule A.
(d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee.
GUARANTEE CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS
The following terms when used in the Guarantee mean:
(a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company.
(b) "land": the land described or referred to in Schedule A and improvements affixed thereto which by law constitute real property. The term
"land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or
easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways.
(c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument.
(d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters
relating to real property to purchasers for value and without knowledge.
(e) "date": the effective date.
2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED CLAIMANT
An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest
which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable
by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the
matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of
any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice.
3. NO DUTY TO DEFEND OR PROSECUTE
The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of
any allegation in such action or proceeding.
4. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS; DUTY OF ASSURED CLAIMANT TO COOPERATE
Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above:
(a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as
limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated
herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any
appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or
waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently.
(b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice
(subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the
fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of
action which allege matters not covered by this Guarantee.
(c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company
may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to
appeal from an adverse judgment or order.
(d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall
secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit
the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the
Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses,
prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to
the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured
to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate.
CLTA Chain of Title (06/06/1992) Printed: 10.04.22 @ 03:53 PM
Page 6 CO-CW-FFAH-01610.110026-SPS-0-22-HS0808887
COMMONWEALTH LAND TITLE INSURANCE
COMPANY GUARANTEE NO. HS0808887
(continued)
5. PROOF OF LOSS OR DAMAGE
In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of
loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain
the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the
basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is
prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the
Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized
representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be
designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether
bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized
representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine,
inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably
pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall
not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the
Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably
necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate
any liability of the Company under this Guarantee to the Assured for that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY
In case of a claim under this Guarantee, the Company shall have the following additional options:
(a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness.
The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to
the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of
a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said
lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which
were authorized by the Company up to the time of purchase.
Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In
the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner
of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the
purchase price.
Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee
for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to
continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee
shall be surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant.
To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee,
together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the
time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee
for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to
continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4.
7. DETERMINATION AND EXTENT OF LIABILITY
This Guarantee is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered
loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the
Exclusions From Coverage of This Guarantee.
The liability of the Company under this Guarantee to the Assured shall not exceed the least of:
(a) the amount of liability stated in Schedule A or in Part 2;
(b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of
these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured
against by this Guarantee occurs, together with interest thereon; or
(c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to
any defect, lien or encumbrance assured against by this Guarantee.
8. LIMITATION OF LIABILITY
(a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this
Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully
performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby.
(b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until
there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as
stated herein.
(c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or
suit without the prior written consent of the Company.
9. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY
All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the
amount of liability pro tanto.
CLTA Chain of Title (06/06/1992) Printed: 10.04.22 @ 03:53 PM
Page 7 CO-CW-FFAH-01610.110026-SPS-0-22-HS0808887
COMMONWEALTH LAND TITLE INSURANCE
COMPANY GUARANTEE NO. HS0808887
(continued)
10. PAYMENT OF LOSS
(a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or
destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or
damage shall be payable within thirty (30) days thereafter.
11. SUBROGATION UPON PAYMENT OR SETTLEMENT
Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by
any act of the Assured claimant.
The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property
in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and
remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue,
compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or
remedies.
If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the
Assured after the Assured shall have recovered its principal, interest, and costs of collection.
12. ARBITRATION
Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules
of the American Land Title Association.
Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to
this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All
arbitrable matters when the Amount of Liability is One Million And No/100 Dollars ($1,000,000) or less shall be arbitrated at the option of either the
Company or the Assured. All arbitrable matters when the amount of liability is in excess of One Million And No/100 Dollars ($1,000,000) shall be
arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties.
The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a
prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
13. LIABILITY LIMITED TO THIS GUARANTEE; GUARANTEE ENTIRE CONTRACT
(a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the
Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either
the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company.
14. NOTICES, WHERE SENT
All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this
Guarantee and shall be addressed to the Company at:
Commonwealth Land Title Insurance Company
P.O. Box 45023
Jacksonville, FL 32232-5023
Attn: Claims Administration
END OF CONDITIONS AND STIPULATIONS
CLTA Chain of Title (06/06/1992) Printed: 10.04.22 @ 03:53 PM
Page 8 CO-CW-FFAH-01610.110026-SPS-0-22-HS0808887
3868522 08/24/2012 11:17 AM
Total Pages: 1 Rec Fee: $11.00 Doc Fee: $15.50
Steve Moreno - Clerk and Recorder, Weld County, CO
WARRANTY DEED
THIS DEED,Made this 24th d=ay of August, 2012, between
Byron R. Lockwood and Rose Ann Lockwood
Grantor, of the City of Fort Lupton County of Weld and State of Colorado and,
Wayne Morrow and Brenda Hart ; �;s 'i
Grantee, whose legal address is 15607 'forme Avenue
Fort Lupton, CO 80621
of the City of Fort Lupton County of Feld and State of Colorado, grantee:
R.ccordcr`s Stamp
WITNESS, that the grantor, for and in consideration of the sum of ONE HUNDRED FIFTY FIVE
THOUSAND , (5155,000.00) DOLLARS,
the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents
does grant, bargain, sell, convey and confinrt, unto the grantees, their heirs and assigns forever, not in tenancy in common but in
joint tenancy, all the real property. together with improvements, if any, situate, lying and being in the City of Fort Lupton County
of Weld and State of Colorado described as follows:
Lot
Block 2
Aristocrat Ra nche€tes, Inc. Subdivision,
County of Weld,
State of Colorado
Parcel 1D: 1309271 14009
also known by street and number as: 15607 Caroline Avenue, Fart Lupton, CO 80621
TOGETHER with all and singular the hereditament, and appurtenances thereto belonging, or in anywise appertaining and
the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest,
claim. and demand whatsoever of the Grantor, either hi law or equity, of, in and to the above bargained premises, with the
hereditiiments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances,unto the Grantee,
his heirs and assigns forever. And the Grantor, for himself, his heirs, and personal representatives, does covenant, grant,
bargain, and agree to and with the grantee, his heirs and assigns, that at the time of en.sealing and delivery of'these presents, he is
well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee
simple and has good right, full power and lawful authority to grant, bargain, sell and convey the smite in manner and for tun its
aforesaid, and the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments,
enc:umbranc: and restrictions of whatever kind or nature whatsoever, except for general taxes for the cuE're.nt year, a lien but
not yet due or payable, easements, or disti _ ibution utility easements, and matters not shown by the public records but which the
Grantee has actual knowlsxfge, and the inclusion of the property within any special taxing district, and except for those matters
identified in American Title Services Company's most current commitment to insure on Schedule B-2 "Exceptions From
€overage" and identified by cortEEnin rent number BF-2012070230RSA.
The Grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable
possession of the Grantee. his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part
thereof. 'The singular number shall include the plural, the plural the singular, and the use of any gender shall he applicable to all
genders,
IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above.
7.
Byron R. kw x
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Rose Amite Lockwood
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