HomeMy WebLinkAbout20210658.tiffHT( Heritage
Title Company
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TITLE DEPARTMENT —DELIVERY TRANSMITTAL
7251 West 20th Street, Building L, Suite 100
Greeley, CO 80634
(970) 330-4522 Fax: (866) 828-0844
DATE: December 21, 2020
FILE NUMBER: H0628631
GUARANTEE NUMBER: CO-FFAH-IMP-81COG6-1-20-H0628631
PROPERTY ADDRESS: 16410 Caster Avenue, Fort Lupton, CO 80621-4412
TO: Zachary Frank
16410 Caster Ave.
Fort Lupton, CO 8062'1
Q if checked, supporting documentation enclosed
ATTN: Zachary Frank
PHONE: (720) 366-1058
MOBILE: (000) 000-0000
FAX: (000) 000-0000
E-MAIL: zflogo@gmail.com
DELIVERY: Email
NO. OF COPIES: 1
END OF TRANSMITTAL
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND
STIPULATIONS OF THIS GUARANTEE.
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Guarantee No.: CO-FFAH-IMP-81COG6-1-20-H0628631
Commonwealth Land Title Insurance Company
a Florida corporation, herein called the Company
GUARANTEES
Zachary James Frank and Brandi Renae McCleary
The Assured named in Schedule A against actual monetary loss or damage not exceeding the liability stated in Schedule A,
which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A.
Commonwealth Land Title Insurance Company
Countersigned:
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81 COG6 Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6/6!92)
Order No.: H0628631-820-GRO GuaranteeNo.: CO-FFAH-IMP-81COG6-1-20-H0628631
Order No.: H0628631-820-GRO
Liability: 5175.00
1. Name of Assured:
SCHEDULE A
CHAIN OF TITLE GUARANTEE
Guarantee No.: CO-FFAH-IMP-81COG6-1-20-H0628631
Fee: $175.00
Zachary James Frank and Brandi Renae McCleary
2. Effective Date of Guarantee:
December 14, 2020 at 6:00 PM
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 acquired by
Zachary James Frank and Brandi Renae McCleary
pursuant to a General Warranty Deed recorded October 2, 2020 at Reception No. 4636323 in and to the land described as
follows:
See Exhibit A attached hereto and made a part hereof.
Only the following deeds appear in such records subsequent to May 22, 1972:
Reception No. 1590005 Book 668
Reception No. 1609102 Book 687
Reception No. 1650459 Book 728
Reception No. 1822542 Book 901
Reception No. 1932284 Book 1001
Reception No. 3168577
Reception No. 3553961
Reception No. 3977583
Reception No. 4362315
Reception No. 4636323
This Guarantee does not cover:
1. Taxes, assessments, and matters related thereto.
2. Instruments, proceedings, or other matters which do not specifically describe said land.
81 COG6
Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6/6!92)
Order No.: H0628631-820-GRO GuaranteeNo.: CO-FFAH-IMP-81COG6-1-20-H0628631
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO IN THIS GUARANTEE IS DESCRIBED AS FOLLOWS:
Lot 3, Block 76, Aristocrat Ranchettes Filing No. 3,
County of Weld, State of Colorado.
81 COG6 Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6/6!92)
Order No.: H0628631-820-GRO GuaranteeNo.: CO-FFAH-IMP-81COG6-1-20-H0628631
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).
81 COG6 Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6/6!92)
Order No. H0628631-820-GRO Guarantee No. CO-FFAH-IMP-81 COG6-1-20-H0628631
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
1. Except to the extent that specific assurances are provide in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the
fol lowing:
(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 natters 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 natters 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, assume or
agree to by one or more of the Assures; (2) which result in no loss to the Assured; or (3) which do not result in the validity or potential invalidity of any
judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided.
The identity of any party shown or referred to in Schedule A.
The validity, legal effect or priority of any matter shown or referred to in this Guarantee.
(c)
(d)
GUARANTEE CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS.
The following terms when use 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 shown in Schedule A.
2. NOTICE OF CLAIM TO 13E GIVEN 13Y ASSURED CLAIMANT.
An Assured shall notify the Company promptly in writing in case
knowledge shall come to an Assure 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 natter or matters for
which prompt notice is require; 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
Assure 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 Civarantee, 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 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.
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 prejudice 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 authorize 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 authorize 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
designate as confidential by the Assure 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 Assure 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.
81 COG6
Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6/6!92)
Order No.: H0628631-820-GRO
GuaranteeNo.: CO-FFAH-IMP-81 COG6-1 -20-H0628631
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 lass 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 ter
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 lass or
damage by reason of reliance upon the assurances set tbrth 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 or 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 an
defect, lien or encumbrance assured against by this Guarantee.
R. 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.
10. PAYMENT OF LOSS.
(a) No payment shall be made without producing this Guarantee ter
endorsement of the payment unless the Guarantee has been last 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 Assure 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 full 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 Arbitration Association. Arbitrable natters 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 of the breach of a Guarantee provision or other
obligation. All arbitrable matters when the Amount of Liability is 51,000,000
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 51,000,000
shall be arbitrable 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 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
Claims Department
Post Office 13o 45023
Jacksonville, FL 32232-5023
81 COG6
Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6/6!92)
4636323 10/02/2020 08:04 AM
Total Pages: 1 Rec Fee: $13.00 Doc Fee: $45.50
Carly Koppes - Clerk and Recorder, Weld County, CO
Doc Fee: $45.50
GENERAL WARRANTY DEED
This Deed, made September 29, 2020
Between Eric E. Emmett and Shaney K. Emmett of the County Weld, State of Colorado, grantor(s) and Zachary
James Frank and Brandi Renae McCleary, as Joint Tenants whose legal address is 16410 Casler Avenue, Fort
Lupton, CO 80621-4412 County of Weld, and State of Colorado, grantee,
WITNESS, That the grantor, for and in the consideration of the sum of FOUR HUNDRED FIFTY-FIVE THOUSAND
DOLLARS AND NOM DO'S ($455,000.00 ) 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 confirm, unto the
grantee, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and
being in the County of Weld, State of Colorado described as follows:
Lot 3, Block 76, Aristocrat Ranchettes Filing No. 3,
County of Weld, State of Colorado.
also known by street and number as 16410 Casler Avenue, Fort Lupton, CO 80621-4412
TOGETHER with all and singular hereditaments and appurtenances, thereunto 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 in law or equity, of, in and to the above
bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO HOLD 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 the ensealing 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 same in manner and form as aforesaid, and that the same are free and clear from all
former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind
of nature so ever, except for taxes for the current year, a lien but not yet due and payable, subject to statutory
exceptions as defined in CRS 38-30-113, revised.
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 be applicable to all genders.
IN WITNESS WHEREOF, the grantor has executed this on the date set forth above.
SELLERS:
a
—
ric E. Emmett
STATE OF COLORADO
COUNTY OF BOULDER
Shaney K. Emmett
) ss:
The foregoing instrument was acknowledged, subscribed and sworn to before me September 29, 2020 by Eric E.
Emmett and Shaney K. Emmett.
Witness my hand and official seal.
LESLEY L DRAPER
NOTARY PUBLIC
STATE OF COLORADO
NOTARY 10 1054015062
M Commissmn Ex•Ires October 11, 2023
Notary Public Lesley L. Draper
My Commission expires: 10/11/2023
HTC
Warranty Deed - General Last Saved: 9/28/2020 4:12 PM by LDR
WD (DSI Rev. 08/06/20) Page 1 Escrow No.: H0616031-043-LDR
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