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HomeMy WebLinkAbout20232365.tiff- - Heritage Title Company Making liHn.artinne [',mail j Commonwealth' 4888 Pearl East Circle, Suite 300E Boulder, CO 80301 DATE: October 25, 2022 FILE NUMBER: 598-H0673754-043-KM9, Amendment No. 1 PROPERTY ADDRESS: 10286 County Road 15, Longmont, CO 80504-9446 BUYER/BORROWER: Purchaser with contractual rights under a purchase agreement with the vested owner identified at Item 4 below OWNER(S): Steve Maas YOUR REFERENCE NUMBER: ASSESSOR PARCEL NUMBER: R5377286 PLEASE TAKE NOTE OF THE FOLLOWING REVISED TERMS CONTAINED HEREIN: Updated effective date 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: Heritage Title Company, Inc. 4888 Pearl East Circle Suite 300E Boulder, CO 80301 ATTN: PHONE: FAX: E-MAIL: Kim Mittan (303) 443-3333 (303) 628-1668 kmittan@heritagetco.com TO: Re/Max Alliance 512 4th Ave Suite 101 Longmont, CO 80501 TO: Heritage Title Company 4909 Pearl East Circle #100 Boulder, CO 80301 ATTN: PHONE: FAX: E-MAIL: ATTN: PHONE: FAX: E-MAIL: Tom Pringle (303) 651-3939 (303) 651-3909 tom@tompringle.com Tricia Taylor (720) 406-8220 (303) 628-1668 ttaylor@heritagetco.com Kim Mittan (303) 443-3333 (303) 628-1668 kmittan@heritagetco.com TO: Boulder Escrow 4888 Pearl East Circle Suite 300E Boulder, CO 80301 ATTN: PHONE: FAX: E-MAIL: END OF TRANSMITTAL Commonwealth Land Title Insurance Company COMMITMENT FOR TITLE INSURANCE Issued by Commonwealth Land Title Insurance Company NOTICE IMPORTANT —READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRA CONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I —Requirements; Schedule B, Part II —Exceptions; and the Commitment Conditions, Commonwealth Land Title Insurance Company, a Florida Corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I —Requirements have not been met within 6 Months after the Commitment Date, this Commitment terminates and the Company's liability and obligation end. Countersigned Commonwealth Land Title Insurance Company By: r 4441 Terry N. Williams Authorized Signature By: .Mich .e_ 3 J. No]. Prc,,dcnr, Marion-, Nurnzura Secretary This page is only a part of a 2016 ALTA° Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 — Requirements; and Schedule B, Part I1 —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. 81C165C Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AML RICAN LAND TITLE A`SOC1,I1).N Order No. H0673754-043-KM9-DMT COMMITMENT CONDITIONS 1. DEFINITIONS (a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records. (b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law. (d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. (f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (h) "Title": The estate or interest described in Schedule A. 2. If all of the Schedule B, Part I —Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company's liability and obligation end. 3. The Company's liability and obligation is limited by and this Commitment is not valid without: (a) the Notice; (b) the Commitment to Issue Policy; (c) the Commitment Conditions; (d) Schedule A; (e) Schedule B, Part I —Requirements; (f) Schedule B, Part II —Exceptions; and (g) a counter -signature by the Company or its issuing agent that may be in electronic form. 4. COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY (a) The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: (i) comply with the Schedule B, Part I —Requirements; (ii) eliminate, with the Company's written consent, any Schedule B, Part II —Exceptions; or (iii) acquire the Title or create the Mortgage covered by this Commitment. This page is only a part of a 2016 ALTA° Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 — Requirements; and Schedule B, Part I1 —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. 81C165C Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AML RICAN LAND TITLE A`SOC1,I1,.N Order No. H0673754-043-KM9-DMT (b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (d) The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (e) The Company shall not be liable for the content of the Transaction Identification Data, if any. (f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I —Requirements have been met to the satisfaction of the Company. (g) In any event, the Company's liability is limited by the terms and provisions of the Policy. 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. (b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment. (c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (d) The deletion or modification of any Schedule B, Part II —Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. (f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for the purpose of providing closing or settlement services. 8. PRO -FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the Company may provide. A pro -forma policy neither reflects the status of Title at the time that the pro -forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at <http://www.alta.org/arbitration>. This page is only a part of a 2016 ALTA° Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 — Requirements; and Schedule B, Part I1 —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. 81C165C Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. P� AML RICAN LAND TITLE A`SOC1,I1,.N Order No. H0673754-043-KM9-DMT Transaction Identification Issuing Agent: Issuing Office: Loan ID Number: Issuing Office File Number: Property Address: Revision Number: Data for reference only: Heritage Title Company, Inc. 8055 E Tufts Ave, Suite 300, Denver, CO 80237 598-H0673754-043-KM9, Amendment No. 1 10286 County Road 15, Longmont, CO 80504-9446 Amendment No. 1, Amendment Date: October 25, 2022 SCHEDULE A AMERICAN LAND TITLE ASSOCIATION COMMITMENT 1. Commitment Date: October 19, 2022 2. Policy to be issued: (a) ALTA Owners Policy 6-17-06 Proposed Insured: Purchaser with contractual rights under a purchase agreement with the vested owner identified at Item 4 below Proposed Policy Amount: $10,000.00 (b) ALTA Loan Policy 6-17-06 Proposed Insured: Lender or designee with contractual rights under a loan agreement with the borrower identified as the Proposed Owner Proposed Policy Amount: $10,000.00 (c) None Proposed Insured: Proposed Policy Amount: $0.00 3. The estate or interest in the Land described or referred to in this Commitment is: FEE SIMPLE 4. The Title is, at the Commitment Date, vested in: Steve Maas 5. The Land is described as follows: See Exhibit A attached hereto and made a part hereof. PREMIUMS: TBD This page is only a part of a 2016 ALTA° Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 — Requirements; and Schedule B, Part I1 —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. 81C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AML RICAN LAND TITLE A`SOC1,I1,.N Order No. H0673754-043-KM9-DMT EXHIBIT A LEGAL DESCRIPTION Lot 11, Enchanted Hills, a Subdivision in the County of Weld, State of Colorado. This page is only a part of a 2016 ALTA° Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 — Requirements; and Schedule B, Part I1 —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. 81C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. P� AML RICAN LAND TITLE A`SOC1,I1,.N Order No. H0673754-043-KM9-DMT SCHEDULE B PART I - REQUIREMENTS All of the following Requirements must be met: a. b. c. d. e. Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured. Pay us the premiums, fees and charges for the policy. Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent. Evidence that any and all assessments for common expenses, if any, have been paid. The Company will require that an Affidavit and Indemnity Agreement be completed by the party(s) named below before the issuance of any policy of title insurance. Party(s): Steve Maas The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit. f. Deed sufficient to convey the fee simple estate or interest the Proposed Insured Purchaser. g. Deed of Trust sufficient to encumber the estate or interest the benefit of the Proposed Insured Lender. h. Furnish for recordation a full release of deed of trust: Amount: Trustor/Grantor: Trustee: Loan No.: Beneficiary: Recording Date: Recording No: $230,000.00 Steve Maas Public Trustee of Weld County Unknown Navy Federal Credit Union December 18, 2019 4551382 in the Land described or referred to herein, to in the Land described or referred to herein for For each policy to be issued as identified in Schedule A, Item 2; the Company shall not be liable under this commitment until it receives a designation for a Proposed Insured, acceptable to the Company. As provided in Commitment Condition 4, the Company may amend this commitment to add, among other things, additional exceptions or requirements after the designation of the Proposed Insured. Click to view Tax Info Note: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. NOTE: Bundled Loan Premium Rate includes: Loan Policy Premium, Included Loan Endorsement Charges and Tax Certificate Charge. (Contact your Escrow Officer for the Tax Certificate) This page is only a part of a 2016 ALTA° Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 — Requirements; and Schedule B, Part I1 —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. 81C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. P� AML RICAN LAND TITLE A`SOC1,I1,.N Order No. H0673754-043-KM9-DMT SCHEDULE B PART I — Requirements (Continued) NOTE: Exception(s) number(ed) 1-4 will not appear on the Owner's/ Lenders Policy. Exception number 5 will be removed from the policy provided the company conducts the closing. 24 MONTH CHAIN OF TITLE, FOR INFORMATIONAL PURPOSES ONLY: The following vesting deeds relating to the subject property have been recorded in the Clerk and Recorder's office of the County in which the property is located: There are no conveyances affecting said land recorded within 24 months of the date of this report END OF REQUIREMENTS This page is only a part of a 2016 ALTA° Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 — Requirements; and Schedule B, Part I1 —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. 81C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. P� AML RICAN LAND TITLE A`SOC1,I1,.N Order No. H0673754-043-KM9-DMT SCHEDULE B PART II - EXCEPTIONS THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN. The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: 1. Any facts, rights, interests or claims that are not shown by the Public Records but which could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachments, encumbrances, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by 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 the value the estate or interest or mortgage thereon covered by this Commitment. NOTE: Upon satisfaction of all requirements herein, the above exception will not be reflected on any proposed title policy identified in Schedule A. 6. Water rights, claims of title to water, whether or not these matters are shown by the Public Records. 7. All taxes and assessments, now or heretofore assessed, due or payable. NOTE: This tax exception will be amended at policy upon satisfaction and evidence of payment of taxes. 8. The right of proprietor of a vein or lode to extract or remove his ore should the same be found to penetrate or intersect the premises thereby granted as reserved in United States patent recorded January 16, 1885 in Book 57 at Page 352; and any and all assignments thereof or interest therein. 9. Right of Way for lateral ditch as owned and used by Felix Mitchell, as reserved in deed recorded June 16, 1902 in Book 200 at Page 1. 10. Rights of way for The Sullivan Ditch, also known as The Coal Ridge Lateral Ditch, and the Laramie Seepage and Drainage Ditches as excepted in Deed recorded January 4, 1967 in Book 577 at Reception No. 1498697. This page is only a part of a 2016 ALTA° Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 — Requirements; and Schedule B, Part I1 —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. 81C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AML RICAN LAND TITLE A`SOC1,I1,.N Order No. H0673754-043-KM9-DMT SCHEDULE B PART II — Exceptions (Continued) 11. Mineral Deed to Philip S. McCoy and Lily T. McCoy recorded May 8, 1968 in Book 594 at Reception No. 1516167 granting an undivided 6 1/4% royalty interest in and to all of the oil, gas and other minerals in and under and that may be produced. 12. Any assessment or lien of the Frederick Area Fire Protection District, as disclosed by the instrument recorded May 1, 1985 in Book 1067 at Reception No. 2008001. 13. An Oil and Gas Lease, from Philip S. McCoy and Lily T. McCoy as Lessor(s) to T. S. Pace as Lessee(s) dated February 10, 1970, recorded on March 31, 1970 in Book 623 at Reception No. 1544604, and any and all assignments thereof or interests therein. Note: Affidavits of Extension by Basin Exploration, Inc. recorded October 16, 1992 in Book 1355 at Reception No. 2307275 and by Kerr-McGee Rocky Mountain Corporation recorded April 14, 2003 at Reception No. 3051975 and November 21, 2005 at Reception No. 3341771. 14. An Oil and Gas Lease, from I. C. Arwood and Pauline Arwood as Lessor(s) to Tom Vessels as Lessee(s), recorded on April 1, 1971 in Book 643 at Reception No. 1564937, and any and all assignments thereof or interests therein. Note: Affidavit of Extension by EnCana Energy Resources Inc. recorded June 3, 2002 at Reception No. 2957508. 15. An Oil and Gas Lease, from Philip S. McCoy and Lily T. McCoy as Lessor(s) to T. M. S. Company as Lessee(s) dated January 19, 1970, recorded on July 31, 1970 in Book 630 at Reception No. 1552236, and any and all assignments thereof or interests therein. Note: Affidavit of Extension by Machii-Ross Petroleum Co. recorded March 13, 1974 in Book 710 at Reception No. 1631855. 16. An Oil and Gas Lease, from LeRoy Yount and Prudence Yount as Lessor(s) to T. M. S. Company as Lessee(s) dated January 23, 1970, recorded on July 31, 1970 in Book 630 at Reception No. 1552244, and any and all assignments thereof or interests therein. Note: Affidavit of Extension by Machii-Ross Petroleum Co. recorded March 13, 1974 in Book 710 at Reception No. 1631854. 17. Terms, conditions, provisions, agreements and obligations contained in the Ordinance as set forth below: Recording Date: August 30, 2018 Recording No: 4427300 18. Terms, conditions, provisions, agreements and obligations contained in the Notice as set forth below: Recording Date: Recording No.: June 25, 2019 4500187-2019 19. Terms, conditions, provisions, agreements and obligations contained in the Pooling as set forth below: Recording Date: September 9, 2019 Recording No.: 4521622-2019 20. Terms, conditions, provisions, agreements and obligations contained in the Pooling as set forth below: This page is only a part of a 2016 ALTA° Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 — Requirements; and Schedule B, Part I1 —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. 81C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. P� AML RICAN LAND TITLE A`SOC1,I1,.N Order No. H0673754-043-KM9-DMT SCHEDULE B PART II — Exceptions (Continued) Recording Date: Recording No.: 21. Terms, conditions, Recording Date: Recording No.: 22. Terms, conditions, Recording Date: Recording No.: September 9, 2019 4521623-2019 provisions, agreements and obligations contained in the Notice as set forth below: October 8, 2019 4530439-2019 provisions, agreements and obligations contained in the Pooling as set forth below: December 17, 2019 4551063-2019 23. Terms, conditions, provisions, agreements and obligations contained in the Pooling as set forth below: Recording Date: Recording No.: 24. Terms, conditions, Recording Date: Recording No.: 25. Terms, conditions, Recording Date: Recording No.: 26. Terms, conditions, Recording Date: Recording No.: December 16, 2020 4661752-2020 provisions, agreements and obligations contained in the Pooling as set forth below: April 2, 2021 4700668-2021 provisions, agreements and obligations contained in the Pooling as set forth below: April 2, 2021 4700669-2021 provisions, agreements and obligations contained in the Pooling as set forth below: April 2, 2021 4700670-2021. 27. Terms, conditions, restrictions, provisions, notes and easements but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on the Plat(s) of said subdivision set forth below: Recording Date: August 15, 1968 Recording No: Plat Book 993. This page is only a part of a 2016 ALTA° Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 — Requirements; and Schedule B, Part I1 —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. 81C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. P� AML RICAN LAND TITLE A`SOC1,I1,.N Order No. H0673754-043-KM9-DMT SCHEDULE B PART II — Exceptions (Continued) NOTE FOR BUNDLED LOAN POLICY: Unless stated contrary herein, the Company will incorporate and provide the following ALTA/Colorado endorsement(s) (including the versions of ALTA 06 endorsements) on the ALTA Short Form Residential Loan Policy or ALTA Loan Policy, together with or included in said loan policy is a tax status letter, commitment vesting and all-inclusive rate. Endorsement ALTA 9 or 9.3/Form 100 Restrictions Endorsement ALTA 8.1 Environmental Protection Lien Endorsement ALTA 4.1/Form 115.3 Condominium or ALTA 5.1/Form 115.4 Planned Unit Development Endorsement ALTA 4/Form 115.1 Condominium or ALTA 5/Form 115.2 Planned Unit Development Endorsement ALTA 22/Form 116 Location Endorsement ALTA 28-06/Form 103.1 Damage to or Forced Removal of Improvements Endorsement Form 100.29 or Form 100.30 Mineral Rights Endorsement ALTA 14.3/ALTA 14.3-06 Future Advance —Reverse Mortgage with Construction Lien Coverage/ Form 111.11 Revolving Line of Credit (Lender) And any "one" of the following optional endorsements: Endorsement Form 111.9 FNMA Balloon Endorsement ALTA 6/Form 110.7 Variable Endorsement Form 110.9 Adjustable Endorsement ALTA 6.2/Form 110.8 Negative Amortization END OF EXCEPTIONS This page is only a part of a 2016 ALTA° Commitment for Title Insurance issued by Commonwealth Land Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part 1 — Requirements; and Schedule B, Part I1 —Exceptions; and a counter -signature by the Company or its issuing agent that may be in electronic form. 81C165 Commitment for Title Insurance (Adopted 6-17-06 Revised 08-01-2016) Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. P� AML RICAN LAND TITLE A`SOC1,I1,.N 10/25/2022 8:15 AM Commitment No.: 598-H0673754-043-KM9, Amendment No. 1 AFFIDAVIT AND INDEMNITY AGREEMENT TO Heritage Title Company, Inc. a Colorado Corporation and Commonwealth Land Title Insurance Company, a Florida Corporation. 1. This is written evidence to you that there are no unpaid bills, and to the extent there may be unpaid bills, that the undersigned undertakes and agrees to cause the same to be paid such that there shall be no mechanics or materialmen's liens affecting the property for materials or labor furnished for construction and erection, repairs or improvements contracted by or on behalf of the undersigned on property: legally described as: See Attached Affidavit and Indemnity Agreement Legal Description Property Address: 10286 County Road 15, Longmont, CO 80504-9446 2. We further represent that to the actual knowledge and belief of the undersigned there are no public improvements affecting the property prior to the date of closing that would give rise to a special property tax assessment against the property after the date of closing. 3. We further represent that to the actual knowledge and belief of the undersigned there are no pending proceedings or unsatisfied judgments of record, in any Court, State, or Federal, nor any tax liens filed or taxes assessed against us which may result in liens, and that if there are judgments, bankruptcies, probate proceedings, state or federal tax liens of record against parties with same or similar names, that they are not against us. 4. We further represent that there are no unrecorded contracts, leases, easements, or other agreements or interests relating to said premises of which we have knowledge. 5. We further represent that to the actual knowledge and belief of the undersigned we are in sole possession of the real property described herein other than leasehold estates reflected as recorded items under the subject commitment for title insurance. 6. We further represent that there are no unpaid charges and assessments that could result in a lien in favor of any association of homeowners which are provided for in any document referred to in Schedule B of Commitment referenced above. 7. We further understand that any payoff figures shown on the settlement statement have been supplied to Heritage Title Company, Inc. as settlement agent by the seller's/borrower's lender and are subject to confirmation upon tender of the payoff to the lender. If the payoff figures are inaccurate, we hereby agree to immediately pay any shortage(s) that may exist. If applicable as disclosed or referred to on Schedule A of Commitment referenced above. The undersigned affiant(s) know the matters herein stated are true and indemnifies Heritage Title Company, Inc., a Colorado Corporation and Commonwealth Land Title Insurance Company, a Florida Corporation against loss, costs, damages and expenses of every kind incurred by it by reason of its reliance on the statements made herein. This agreement is executed with and forms a part of the sale and/or financing of the above described premises, and is given in addition to the conveyance and/or financing of the premises in consideration for the conveyance and/or financing, and forms a complete agreement by itself for any action thereon. SELLER: SELLER: Steve Maas SELLER: SELLER: State of Colorado }ss: County of Weld The foregoing instrument was acknowledged, subscribed, and sworn to before me on by Steve Maas. (SEAL) Notary Public My Commission Expires: 10/25/2022 8:15 AM Commitment No.: 598-H0673754-043-KM9, Amendment No. 1 ATTACHED AFFIDAVIT AND INDEMNITY AGREEMENT LEGAL DESCRIPTION Lot 11, Enchanted Hills, a Subdivision in the County of Weld, State of Colorado. Order No. H0673754-043-KM9-DMT DISCLOSURE STATEMENT • Pursuant to Section 38-35-125 of Colorado Revised Statutes and Colorado Division of Insurance Regulation 8-1-2 (Section 5), if the parties to the subject transaction request us to provide escrow -settlement and disbursement services to facilitate the closing of the transaction, then all funds submitted for disbursement must be available for immediate withdrawal. • Colorado Division of Insurance Regulation 8-1-2, Section 5, Paragraph H, requires that "Every title insurance company shall be responsible to the proposed insured(s) subject to the terms and conditions of the title insurance commitment, other than the effective date of the title insurance commitment, for all matters which appear of record prior to the time of recording whenever the title insurance company, or its agent, conducts the closing and settlement service that is in conjunction with its issuance of an owners policy of title insurance and is responsible for the recording and filing of legal documents resulting from the transaction which was closed". Provided that Heritage Title Company, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception No. 5 in Schedule B-2 will not appear in the Owner's Title Policy and Lender's Title Policy when issued. • Colorado Division of Insurance Regulation 8-1-2, Paragraph M of Section 5, requires that prospective insured(s) of a single family residence be notified in writing that the standard exception from coverage for unfiled Mechanics or Materialmans Liens may or may not be deleted upon the satisfaction of the requirement(s) pertinent to the transaction. These requirements will be addressed upon receipt of a written request to provide said coverage, or if the Purchase and Sale Agreement/Contract is provided to the Company then the necessary requirements will be reflected on the commitment. • Colorado Division of Insurance Regulation 8-1-3, Paragraph C. 11.f. of Section 5 - requires a title insurance company to make the following notice to the consumer: "A closing protection letter is available to be issued to lenders, buyers and sellers." • If the sales price of the subject property exceeds $100,000.00 the seller shall be required to comply with the Disclosure of Withholding Provisions of C.R.S. 39-22-604.5 (Nonresident Withholding). • Section 39-14-102 of Colorado Revised Statutes requires that a Real Property Transfer Declaration accompany any conveyance document presented for recordation in the State of Colorado. Said Declaration shall be completed and signed by either the grantor or grantee. • Recording statutes contained in Section 30-10-406(3)(a) of the Colorado Revised Statutes require 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 of an inch. The clerk and recorder may refuse to record or file a document that does not conform to requirements of this paragraph. • Section 38-35-109 (2) of the Colorado Revised Statutes, requires that a notation of the purchasers legal address, (not necessarily the same as the property address) be included on the face of the deed to be recorded. • Regulations of County Clerk and Recorder's offices require that all documents submitted for recording must contain a return address on the front page of every document being recorded. • Pursuant to Section 10-11-122 of the Colorado Revised Statutes, the Company is required to disclose the following information: o The subject property may be located in a special taxing district. o A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. o 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 Section 10-11-123 of the Colorado Revised Statutes, when it is determined that a mineral estate has been severed from the surface estate, the Company is required to disclose the following information: 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 that such mineral estate may include the right to enter and use the property without the surface owner's permission. Order No. H0673754-043-KM9-DMT Note: Notwithstanding anything to the contrary in this Commitment, if the policy to be issued is other than an ALTA Owner's Policy (6/17/06), the policy may not contain an arbitration clause, or the terms of the arbitration clause may be different from those set forth in this Commitment. If the policy does contain an arbitration clause, and the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. '1'IRE SAFE. Inquire before you wire! Wire Fraud Alert This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. • NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. • ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. • USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. • USE MULTI -FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire -fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation: Internet Crime Complaint Center: http://www.fbigov http://www.ic3.gov Wire Fraud Alert Original Effective Date: 5/11/2017 Current Version Date: 5/11/2017 Page 1 WIRE0016 (DSI Rev. 12/07/17) TM and © Fidelity National Financial, Inc. and/or an affiliate. All rights reserved FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Effective August 1, 2021 Fidelity National Financial, Inc. and its majority -owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary's website and this Privacy Notice does not apply. Collection of Personal Information FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address); • demographic information (e.g., date of birth, gender, marital status); • identity information (e.g. Social Security Number, driver's license, passport, or other government ID number); • financial account information (e.g. loan or bank account information); and • other personal information necessary to provide products or services to you. We may collect Personal Information about you from: • information we receive from you or your agent; • information about your transactions with FNF, our affiliates, or others; and • information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. Collection of Browsing Information FNF automatically collects the following types of Browsing Information when you access an FNF website, online service, or application (each an "FNF Website") from your Internet browser, computer, and/or device: • Internet Protocol (IP) address and operating system; • browser version, language, and type; • domain name system requests; and • browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser. Links to Other Sites. FNF Websites may contain links to unaffiliated third -party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for three main purposes: • To provide products and services to you or in connection with a transaction involving you. • To improve our products and services. • To communicate with you about our, our affiliates', and others' products and services, jointly or independently. When Information Is Disclosed We may disclose your Personal Information and Browsing Information in the following circumstances: • to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; FNF Privacy Statement (Eff. August 1, 2021) Copyright © 2021. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 07/29/21) Page 1 Order No. H0673754-043-KM9-DMT • to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; • to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or • in the good -faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We may share your Personal Information with affiliates (other companies owned by FNF) to directly market to you. Please see "Choices with Your Information" to learn how to restrict that sharing. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. Security of Your Information We maintain physical, electronic, and procedural safeguards to protect your Personal Information. Choices With Your Information If you do not want FNF to share your information among our affiliates to directly market to you, you may send an "opt out" request as directed at the end of this Privacy Notice. We do not share your Personal Information with nonaffiliates for their use to direct market to you without your consent. Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the "California Privacy" link on our website (https://fnf.com/pages/californiaprivacy.aspx) or call (888) 413-1748. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 714-2710 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures. Information From Children The FNF Websites are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. International Users FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice. FNF Website Services for Mortgage Loans Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or as required by law or in the good -faith belief that such disclosure is necessary: to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public. FNF Privacy Statement (Eff. August 1, 2021) Copyright © 2021. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 07/29/21) Page 2 Order No. H0673754-043-KM9-DMT Your Consent To This Privacy Notice; Notice Changes By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The Privacy Notice's effective date will show the last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice. Accessing and Correcting Information; Contact Us If you have questions, would like to correct your Personal Information, or want to opt -out of information sharing for affiliate marketing, visit FNF's Opt Out Page or contact us by phone at (888) 714-2710 or by mail to: Fidelity National Financial, Inc. 601 Riverside Avenue, Jacksonville, Florida 32204 Attn: Chief Privacy Officer FNF Privacy Statement (Eff. August 1, 2021) Copyright © 2021. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 07/29/21) Page 3 Order No. H0673754-043-KM9-DMT 1111111111111111111111 11111 III 11111111 III IIIII IIII IIII 2734686 11/24/1999 01:43P A Suki Tsukamoto 1 of 1 R 5.00 D 0.00 Weld County CO [C� g(O QUIT CLAIM DEED THIS DEED, Made this /1j clay of between (./7,3/ /r.9;%s of the County of l/C/� and State of C (%!�/� �(/ , grantor(s), and f.57`. U e //Ti9/9 whose legal address is /2 2 g-6 (c) 2-0 of the County of (?) e (2 and State of (2)ICJ aci6 , grantee(s): WITNESSETH, That the grantor(s), for and in consideration of the sum of 5 7 --1/&/%/ Y` Oa /OG T///51 DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, and QUIT CLAIMED, and by these presents does remise, release, sell, and QUIT CLAIM unto the grantee(s), his heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the grantor(s) has in and to the real property, together with improvements, if any, situate, lying and being in the County of Z,O 7/(r , and State of Colorado, described as follows: 7z //, (/ /mod // //c 6.17`7a •/ 0 Co %),-' (-; c~/"6/ also known by street and number as TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest, and claim whatsoever, of the grantor(s), either in law or equity, to the only proper use, benefit and behoof of the grantee(s), his heirs and assigns forever. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor(s) has executed this deed on the date set forth above. STATE OF COUNTY OF Tlr�r'�*oikig instrument was acknowledged before me this >7ac ha&S i-113.&103 QUIT CLAIM DEED (4rcLM) ss. FIRST AMERICAN day of rf?'u`t Wl ttt,r- Witness my ban and offic)jal seal. Notary Public On by TITLE Hello