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S 1275 RISC 02225791 08/33190 16a32 05.00 1J001
P 0353 I(AAY AJOiDi 3+i3Elftlt> 81: CL81t1 i IREC0RDU MELD CO. CO
WARRANTY DEED
Grntonsl, Vernon 7. Bsiieiante and }Mary K. 8aiemonte
whose rdds:ns Ii
'County of Weld . SWe of
, far du conildoralioa of
`One Hundred Eighty Thousand ----doyleys. in hand peld, bemby ,tipsy
1,0C end conveybI) to Waste Services Corporation, a Colorado corporation
clause legal 'deem is 6037 77th Avenue. Greeley
Cooley of Weld , and State of Colorado
•i the following ICel properly in the County of Weld , end State of
Calaoado, is wit;
Lou; 3 and 4 and the 51/2 of the SW1/- of Section 7, Township 3
North, Range 66 West of the 6th T.I4.;
LKCEp7C that portion thereof conveyed •a The Depertaent of Kigheaya,
State of Colorado by Spacial Warranty Dead recorded in Book 1483,
Page 93, described s■ folLw•I
RRGINI1L3C et a paint on thr West line of said Section 7 from iibich
the Southwest corner of Section 7 bear. South a distance of 116.6
Fast;
thence 1189'32'EI a dietencs of 1,637.4 fast;
thence 888'29110"E, a distance of 521,2 feet;
thence N82'21'E, n distance of 903 feat to the East line of the
Sii1/4 at raid Section 7;
thence along the Steer Line of the SW1/4 of Section 7 S1'471Wf, a
distance of 181.5 foot to the South quarter corner of said Section
7;
thence along the South Line of Suction 7 sea•57'W. a distend* of
2,948,1 feet to the Southwest corner of Section 71
i�o thence along he West lint of said Section 7 North a distinct of
116.6feet, area or leas, to the 7D1Wt 0P BEGINNING.
with all hi uppers enanos. i.xi w#onntiII the tale w d.c tame. eub}tt'l es covsn•ete, rests iceione,
conditions, easement9 and rights -of -lriy of record, or eetiblighdd on tfta
prerliea■ and the 199O taxes payable in 1991
Statg Oommoentalr Fee
Dale a:,�?.....,...
$ �K.....�....�....
Iq
41818 WCR 25, Ault
Signed this 30th day of August ' .2L9 90 • / +
Lon1(1ntamaate
STATE OP COLORADO,
County of Wald
The forogoing in.trunent wee icknowkdged before tax this 30th
by Vernon P. Baran AVM }Money K. Baileonte,
My commission cap 4�* '' NN 1990 , Mums my heed and official foal.
L
F 4 i' eY ?.') :,
;.q.Ie
1
ascots
Jr -1P
in Center, coat"CI u�nJt 741' *� ,
N. 197-Ra,. MIS. wAR1WIrf rtaa Merl P.m!
Srde,dSWIM ,,,I7e3Whin II..AP%Cflt070a 11t01ito-ilia—Flf
SKLD CH 170.88,66.208 WE 2225791-1990.001
rise of Austen .19 90 .
1113 10th Avenue
Greeley, Colorado 80631
8 1275 A 02225792 08/31/90 16i39 &15.00 1/803
iR221 -pie ---�AMC 02225792
0354 MARY ARS lRTIEABT.EI CLBRIi & RECORDER MUD CO, CO
•r . -. —._. ... __. _ _-
WARRANTY DEED
n isi Lam Ewe ail 30th dal a Augu■t .1490
wk. Brown Grain and Livestock, Inc.
a ewppyalk. d11]y ifplllid find eYi1WWOI Led f eld by rL1ue of ihr lera or the Sur
d Colorado .rar W 'Gluts aarviiir
Corporation
a corpoolloa July opnlad and sRWnns old" and by wino of die loop of Lb, Subs ..��
er auawnwhr+ekgladbwaie 4.037 77th Avortua. Creols)r CO 80&34
wf raLtaltra, Thlu sly guar, rzwrza in wrigidnytkeddiewm or Two hundred forty—aight thousand an,A
the nottplawd tnMRetnieyr of which la hereby clmwehdarl. has pitic6. baapwed, .old wed ceemlyd, r.lW Vim Woo alneapow, hapaalw, wt
amyl and CAM IMP, WWOlwcrwa, Lie weaVen end ma $lent, Lithe wa3po ly gala with . a her, µdm. bloc milking
. rasa Cwnlr d wle Weld ire slaw el Celeriac, dopiea1d r k4owu
i�
DO Sae Exhibit "Ar",
wormswith oft nod singular the hartlrllda and app+nn.wcn Ammo bawls, win rywlle yp+M►Wa, Mat masks .d
' rmwrelow. o4wkdw uldwraledae. ra ss, lam rake nemdl 'Mal vs sari. Sec ill k, dal*R", Clair arlt4rwld a%ti WOW rem*
' ■h1w1 M We so'qui ), aR Ls mod le Ni. ebor bnrpakwd prrmira, with 11w hendlwrea rd appraisals.
TO HAVE AND TO HOLD the ant minim above brpllwd and dnrsrld, wish da apped asevaa, use lo radon. w Iuesaaar dad edam
bnwe. And Wr polar IlrkwN He ieeeelws rod mignon dab avnsnrl, goo, tarsals and sale u old wltiw prpro, kn as mum. and maim,
lhal u aw lion at Sit rralbq end Salivary of Oda pwraa. k la well Mad of IN Fotobo abort eaugwd, he gat. am, forme. Media ad
ladeknlble moss dlawless*.ItIon,inleaelmple, Val Massed rigid,l11lpausal Waal waxily waryl,lwpda,sell Ind canary tor was M
MiranLel knn iltenmld, riddle lhearreas hoes sad eke fiow all brood Walla mai. impllr. aaM, how. Iwo, arewrae, lelwltraaee
mod maklkwacl*Moot klederImmo? wow, deem reservations, covsnenta and conditions of record.
easements and rights of way of record of setabliahsd on the promisee and the
II 1990 taxis payable in 1991 which grantee shall pay
Tits yenta shill sal *III WARRANT AHDFOREVER DEFEND Iles adoreba:p4xdmanes ddradetnadpeauablepandas tins Wei,
la ulmeron rd o Alm, +nbw1 all and army forme or pennn. W fwlly fairing u le nlabn Ni. "bolo to goy pH Owed.
IN wn74 U W'uusof, The gnats has send ks cowmen non is Whams: sales Hind by In prodders, ad la carpools
null is phmep4P + l almost by ha ..rend. Ihn doy mod pat Ira show Moo,
af. 004
" '`'•+.pn r.rltt*/2 OF COLORADO,
comity al Weld
Drown Grain and Livestock
ay '1'�
na fl. Bran
} II,
-n,r �� ink reeWidb.bnmedlt dqd Amman.
ti. e Ptaidema d it 604 1. Ili ssoso
►�'a. :'' Brown Crain and Livestock, Inc.
l��Nd-
{ P y:
'"ra...,,,,iptr'
L•If In Denver, loon 'C by aid."
Ice.
•1090 .by
. a ewprndlp.
Ids. 717. NI% Ia. N1IMAMTY Din Irwpr+lm le Cs memo
rp.nw..w.a" .,J, l e,w., _ flat. an.aww_asa
SKLD CH 170.86.66.268 WE 2225792-1990.001
=RUT? "A"
• A tract of land located in the Et/2 of Section 7, Towniship 7 North,
mange 66 West of the 6th F.M., described ee folloWB:
7,BEGINNING
iet aceaofo2355afeetgWesttoflthe Northeastof said kcos:nersaid
Eaidtior►
S a on 7,tt 40 feet West of the Went
Section 'I, said POINT CF BEGINNING being
edge of the Pierce Lateral, running
thence from said POINT OF BEGINNING parallel with and 40
feet
Westerly tram the Went edge of said lateral S27'45,11,
27 45 E,
thence 512'53'E, 701.5 feet;
thence SI1'24'S, 133.9 feet;
60.5 et
thence S16`11'E, 66.5 feet;
thence S33'38'E,
the:U:e S41' 23' T1, 186.2 feet;
thence S48' 43' E, 862,feet;
feet;
thence 529'46'E,
thence S17'10 "E,
276.8 feet;
thence SL8'20'E, 462.4 feet;
thence 816'04,Er 379.3 feet;
thence 627'02'E. 545.2 ;
themes 527'40'F, 115.7 fact
thence SO4'44'W, 108.1 feet;
thence 820'15'W, 149 feat;
thence 5 3'15'W, 54i teeti
thef;0o 823'50'W, 116.6 feet;
thence S14'04'W, 142.8 feet;
thence S05'58'W, 137 feet;
thence 804.59,14, 139.2 feet:
thence SO4'17'E, 411.7 feet;
thence 626'36'W, 140.3 feet;
thence 838'36'' 83.9 feet;
thence 654'56'W, 209.1 feet;
thence 679'21'W, 361.5 feet to a point thence 1489`27'W, 773.5 feet on the West line of the
E1/2 of said section 7 a distance: of 84 feet North of the Southwest
corner of said E1/2 of paid section 7; thence NO1'47'E, 5220 feet more or less, along the {lest line of
said E1/2 of Section 7, to the Northwest cornert:ththereof;
of said
thence East 232 feet more or less, along
E1/2 of said Section 7, to the PLACE OF the
ExC.EL'1'1Nc THEREFROM a parcel of lard conveyed
oDeed n eyei'detod Athe
3Depa1tmentn
t
of Highways, State of Colefado by
Book 1474 at Page 491, described as fo11oWe, of Section 7,
A tract or portal Rangen66iWesteofltheo6thhe P.M SE1/4
more
TaatneY►t,P I North,
particularly described as follows:
BE( INNING at a point from which point the SE corner of Section
7 bears S86'42'30"E, a distance of 1,416.6 feet;
_ 1. thence S89'44'W, a distance of 261.9 feet;
2. ,790.0 along atdist'ancee arc fof 746.1 feete to t,ethefchord ofgtzisaarca
of 5re $6 0 2'feet, on the
3. egcS 2 211w, aidistancefof4234.1efeet to a point
3. thence $62' 21' 4 of Section 7;
West line of the SE1/
4. thence along the West line of the SE1/4 of Steffen 7, 0.1147'W,
a distance of 91,5 feet,
5. thence N79'21E, a dieta.sce of 161.5 feet;
6. thence S89'27' E r a distance of 713.5 feet;
I. thence N54'5$'E, a di$t,0IiC6 of 209.1 feet;
8. thence N38'3B'£, a diatar,on o£ 1.5 fast, more or leap, to the
Pr,T!1T fF BEGINNING.
B 1275 RIM 02225792 08/31/90 Y6=39 01,5.00 21003
F 0355 MARY AMR PRUER5TEIM CLERK 6 RECORDER WELD Con CO
SKLD CH 170.80.66.208 WE 2225792-1990.002
Page 2
Exhibit "Aa
B 1275 REC 02225792 06/31/90 16:39 015.00 31003
' 0356 MARY ANN f'EUERSTBIN CLERK 6 RECORDER 1ELn Cop CO
ALSO EXCEPTING by DeedErecordeM a darcel Aprt1o6,land
1957cinYnook ed 1474the
atDPaget .tat
of Highways by
499, described as follows:
A tract or parcel of land in the S1/2 of the SZ1/4 of Section 7,
Township 7 North, Range 66 West of�the
6th
.,aitreat or
pared being more particularly b6tas follows:
BEGINNING at a poi.nt from which point the SE corner of Section
7 bears Se6'42130"W► a distance of 1,416.8 feet;
1. thence N89*44'E, a d1stanoe of 107.5 feet;
2. thence S46'22'W, diof 1
distance 16feet;
116.5 feet;
3. thence S57'00'N, a distance
4. thence S89'44'W, a distance of 132.4 feet;
5. thence E54'56'6, a distance of 209,1 feet;
6. ~thence N3B`38'E, a distance of 1.5 feet, more or less, to the__
POI13'I OF BEGINNING.
ALSO all of the NW1/4 of Section 7, 'township 7 North, Range 66
West of the 6th P.M.
SKLD CH 170.88.66.208 WE 2225792-1990.003
FIDELITY NATIONAL TITLE GROUP
National Commercial Services
Colorado
Chicago' tie • Commonwealth Land IleCompam; • -idellty National (isle • Heri:ageTitle Company
950 S Cherry St, #1414
Denver, CO 80246
Phone:
DATE: September 9, 2019
FILE NUMBER:
GUARANTEE NUMBER:
PROPERTY ADDRESS:
YOUR REFERENCE NUMBER:
TO: ATTN:
PHONE: (000) 000-0000
REF NO.: MOBILE: (000) 000-0000
❑ If checked, supporting documentation enclosed FAX: (000) 000-0000
E-MAIL:
DELIVERY: Email
NO. OF COPIES: I
END OF TRANSMITTAL
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND
STIPULATIONS OF THIS GUARANTEE.
Guarantee No.:
r�
Commonwealth Land Title Insurance Company
a Florida corporation, herein called the Company
GUARANTEES
Survey Systems
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:
By:
Darren Hone
Authorized Officer or Agent
CP
EATs..s.ns
gbb�urtere�e+,�ao
ay
Randy 4udsid I
Ates1
1.1:ch4e: Gra;elre Secralar}
81 COG6 Chain 6 of Title G of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6!6!92)
Order No.: N001600 l -010-TO2-EG Guarantee No.: CO-FCTV-IMP-81 COG6-1-18-N0016001
SCHEDULE A
CHAIN OF TITLE GUARANTEE
Order No.: N0016001-010-TO2-EG Guarantee No.:
Liability: $ Fee: $
1. Name of Assured:
2. Effective Date of Guarantee:
February 1, 2018 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
See Exhibit A attached hereto and made a part hereof.
Only the following matters appear in such records subsequent thereto:
The following affect Section 7:
1. Deed recorded .
2. Deed recorded .
3. Warranty Deed recorded .
4. Special Warranty Deed recorded .
5. Deed recorded .
6. Deed recorded .
The following affect Section 18:
1. Deed recorded .
2. Deed recorded .
3. Warranty Deed recorded .
4. Special Warranty Deed recorded .
5. Deed recorded .
81 COG6 Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6!6!92)
Order No.: N0016001-010-TO2-EG Guarantee No.: CO-FCTV-IMP-81 COG6-1-18-N0016001
SCHEDULE A
(Continued)
6. Deed recorded 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.: N0016001-010-TO2-EG Guarantee No.: CO-FCTV-IMP-81 COG6-1-18-N0016001
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO 1N THIS GUARANTEE 15 DESCRIBED AS FOLLOWS:
A parcel of land in the South 'h of Section 7 and in the West t/2 of Section 18, Township 2 South, Range 69 West of the
6th Principal Meridian, County of Jefferson, State of Colorado,
County of Jefferson,
State of Colorado.
81 COG6 Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6/6!92)
Order No.: N0016001-010-TO2-EG Guarantee No.: CO-FCTV-IMP-81 COG6-1-18-N0016001
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. N001600l-010-TO2-EG Guarantee No. CO-FCTV-IMP-81COG6-1-18-N0016001
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 Assures; (2) which result in no loss to the Assure; 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.
(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 shown in Schedule A.
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 Assure 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 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
Assure 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 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 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.
81COG6
Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6!6!92)
Order No.: N0016001-010-TO2-EG
Guarantee No.: CO-FCTV-IMP-81 COG6-1-18-N0016001
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 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 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 Assure claimant.
The Company shall be subrogatod 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 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 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 S1,000,000
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 Box 45023
Jacksonville, FL 32232-5023
81COG6
Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6!6!92)
FIDELITY NATIONAL TITLE GROUP
National Commercial Services
Colorado
Chicago Title • Commonwealth Land Title Company - Fidelity National Title • Heritagelitle Company
950 S Cherry St, #1414
Denver, CO 80246
Phone:
DATE: November 21, 2018
FILE NUMBER: N0020071-010-TO2-PD
GUARANTEE NUMBER: CO-FCTV-IMP-72COG6-1-18-N0020071
PROPERTY ADDRESS: Section 7 Township 7 North Range 66 West, Greeley, CO
YOUR REFERENCE NUMBER:
TO: Waste Management
40,000 CR 25
North Weld Landfill
Ault, CO 80610
REF NO.:
❑ If checked, supporting documentation enclosed
ATTN: Bill Hedberg
PHONE: (970) 545-5009
MOBILE: (000) 000-0000
FAX: (000) 000-0000
E-MAIL: bhedberg@wm.com
DELIVERY: Email
NO. OF COPIES: I
END OF TRANSMITTAL
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND
STIPULATIONS OF THIS GUARANTEE.
Guarantee No.: CO-FCTV-IMP-72COG6-1-18-N0020071
Chicago Title Insurance Company
a Florida corporation, herein called the Company
GUARANTEES
Waste Management
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.
Chicago Title Insurance Company
Countersigned:
By:
Darren Hone
Authorized Signature
ay
I
Aar.d, Qmf. Paes,deni
h!iesl
tr1:Chd?: gild'; elle
72COG6 Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6!6!92)
Order No.: N0020071-010-TO2-PD Guarantee No.: CO-FCTV-IMP-72COG6-1-18-N0020071
NOTICE CONCERNING FRAUDULENT INSURANCE ACTS
(This Notice is Permanently Affixed Hereto)
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).
72COG6 Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6/6!92)
Order No.: N0020071-010-TO2-PD Guarantee No.: CO-FCTV-IMP-72COG6-1-18-N0020071
Order No.: N0020071-010-TO2-PD
Liability: $210.00
1. Name of Assured:
Waste Management
2. Effective Date of Guarantee:
November 13, 2018 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
Waste Management Disposal Services of Colorado, Inc., a Colorado corporation, formerly known as Waste
Services Corporation, a Colorado corporation
pursuant to a Warranty Deed recorded October 29, 1917 in Book 485 at Page 490 (as to Parcel One) and a Deed recorded
October 5, 1949 in Book 1255 at Page 1 (as to Parcel Two) in and to the land described as follows:
See Exhibit A attached hereto and made a part hereof.
Only the following matters appear in such records subsequent to:
The following affect Parcel One:
1. Warranty Deed recorded July 19, 1927 in Book 827 at Page 272.
2. Deed recorded October 6, 1943 in Book 1118 at Page 367.
3. Deed recorded December 18, 1947 in Book 1217 at Page 126.
4. Executor's Deed Under Power recorded November 14, 1966 at Reception No. 1497008.
5. Deed recorded November 15, 1966 at Reception No. 1497040.
6. Warranty Deed recorded August 31, 1990 at Reception No. 2225791.
SCHEDULE A
CHAIN OF TITLE GUARANTEE
Guarantee No.: CO-FCTV-IMP-72COG6-1-18-N0020071
Fee: $210.00
The following affect Parcel Two:
1. Deed recorded July 21, 1953 in Book 1361 at Page 176.
2. Deed recorded July 21, 1953 in Book 1361 at Page 177.
3. Deed recorded July 21, 1953 in Book 1361 at Page 178.
4. Deed recorded July 21, 1953 in Book 1361 at Page 179.
72COG6 Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6!6!92)
Order No.: N002007l-010-TO2-PD Guarantee No.: CO-FCTV-IMP-72COG6-1-18-N0020071
SCHEDULE A
(Continued)
5. Last Will and Testament of William A. Brown recorded September 27, 1971 at Reception No. 1575874.
6. Last Will and Testament of Alta May Brown recorded May 31, 1973 at Reception No. 1614311.
7. Deed recorded October 30, 1975 at Reception No. 1673432.
8. Deed recorded October 30, 1975 at Reception No. 1673433.
9. Deed recorded September 1, 1978 at Reception No. 1765295.
10. Warranty Deed recorded August 31, 1990 at Reception No. 2225792.
This Guarantee does not cover:
I. Taxes, assessments, and matters related thereto.
2. Instruments, proceedings, or other matters which do not specifically describe said land.
72COG6 Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6!6!92)
Order No.: N0020071-010-TO2-PD Guarantee No.: CO-FCTV-IMP-72COG6-1-18-N0020071
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO IN THIS GUARANTEE IS DESCRIBED AS FOLLOWS:
PARCEL ONE:
Lots 3 and 4 and the E % of the SW Vs of Section 7, Township 7 North, Range 66 West of the 6th P.M.;
EXCEPT that portion thereof conveyed to The Department of Highway, State of Colorado by Special Warranty Deed
recorded in Book 1483 at Page 93, described as follows:
Beginning at a point on the West line of said Section 7 from which the Southwest corner of Section 7 bears South a
distance of 116.6 feet;
Thence N89"32'E, a distance of 1,537.4 feet;
Thence S88"29'30"E, a distance of 521.2 feet;
Thence N82"21'E, a distance of 903 feet to the East line of the SW V4 of said Section 7;
Thence along the East line of the SW V4 of Section 7 S1"47'W, a distance of 181.5 feet to the South Quarter corner of
said Section 7;
Thence along the South line of Section 7 S88"57'W, a distance of 2,948.1 feet to the Southwest corner of Section 7;
Thence along the West line of said Section 7 North a distance of 116.6 feet, more or less, to the Point of Beginning.
County of Weld,
State of Colorado.
(For Informational Purposes Only: APN R0762186)
PARCEL TWO:
A tract of land located in the E % of Section 7, Township 7 North, Range 66 West of the 6th P.M., described as
follows:
Beginning at a point on the North line of said E % of said Section 7, a distance of 2359 feet West of the Northeast
corner of said Section 7, said Point of Beginning being 40 feet West of the West edge of the Pierce Lateral, running
thence from said Point of Beginning parallel with and 40 feet Westerly from the West edge of said lateral S27"45'E,
249 feet;
Thence S12"53'E, 701.5 feet;
Thence S11"24'E, 133.9 feet;
Thence S16"11'E, 80.5 feet;
Thence S33"36'E, 68.8 feet;
Thence S41"23'E, 186.2 feet;
Thence S48"43'E, 332.3 feet;
Thence S29"48'E, 86.3 feet;
Thence S17"10'E, 276.8 feet;
Thence S18"20'E, 462.0 feet;
Thence S16"04'E, 379.3 feet;
Thence S27"02'E, 505.2 feet;
Thence S27"40'E, 142.7 feet;
Thence S04"04'W, 108.7 feet;
Thence S28"15'W, 149 feet;
Thence S33"15'W, 541 feet;
Thence S23"50'W, 118.6 feet;
Thence S14"04'W, 142.8 feet;
Thence S05"58'W, 137 feet;
Thence S00"59'W, 139.2 feet;
Thence S04"17'E, 411.7 feet;
72COG6 Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6/6!92)
Order No.: N0020071-010-TO2-PD Guarantee No.: CO-FCTV-IMP-72COG6-1-1S-N0020071
EXHIBIT A
Legal Description (Continued)
Thence S26"36'W, 140.3 feet;
Thence S38"38'W, 83.9 feet;
Thence S54"56'W, 209.1 feet;
Thence N89"27'W, 713.5 feet;
Thence S79"21'W, 361.5 feet to a point on the West line of the E % of said Section 7 a distance of 84 feet North of the
Southwest corner of said E % of said Section 7;
Thence N01"47'E, 5220 feet, more or less, along the West line of said E % of Section 7, to the Northwest corner
thereof;
Thence East 232 feet, more or less, along the North line of said E % of said Section 7, to the Place of Beginning,
EXCEPTING THEREFROM a parcel of land conveyed to the Department of Highways, State of Colorado by Deed
recorded April 6, 1957 in Book 1474 at Page 497, described as follows:
A tract or parcel of land in the S % of the SE 1/4 of Section 7, Township 7 North, Range 66 West of the 6th P.M., being
more particularly described as follows:
Beginning at a point from which point the SE corner of Section 7 bears S86"42'30"E, a distance of 1,416.8 feet;
1. Thence S89"44'W, a distance of 261.9 feet;
2. Thence, along the arc of a curve to the left, having a radius of 5,790.0 feet, a distance of 746.1 feet, the
chord of this arc bears S86"02'30"W, a distance of 745.6 feet;
3. Thence S82"21'W, a distance of 234.1 feet to a point on the West line of the SE 1/4 of Section 7;
4. Thence along the West line of the SE 1/4 of Section 7, S1"47'W, a distance of 97.5 feet;
5. Thence N79"21'E, a distance of 361.5 feet;
6. Thence S89"27'E, a distance of 713.5 feet;
7. Thence N54"56'E, a distance of 209.1 feet;
8. Thence N38"38'E, a distance of 1.5 feet, more or less, to the Point of Beginning.
ALSO EXCEPTING THEREFROM a parcel of land conveyed to the Department of Highways by Deed recorded
April 6, 1957 in Book 1474 at Page 499, described as follows:
A tract or parcel of land in the S % of the SE 1/4 of Section 7, Township 7 North, Range 66 West of the 6th P.M., said
tract or parcel being more particularly described as follows:
Beginning at a point from which point the SE corner of Section 7 bears S86"42'30"W, a distance of L416.8 feet;
1. Thence N89"44'E, a distance of 107.5 feet;
2. Thence S46"22'W, a distance of 116.5 feet;
3. Thence S57"00'W, a distance of 74.9 feet;
4. Thence S89"44'W, a distance of 132.4 feet;
5. Thence N54"56'E, a distance of 209.1 feet;
6. Thence N38"38'E, a distance of 1.5 feet, more or less, to the Point of Beginning.
ALSO all of the NW '/4 of Section 7, Township 7 North, Range 66 West of the 6th P.M.,
County of Weld,
State of Colorado
(For Informational Purposes Only: APN's R0762386 and R0096991)
72COG6 Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6/6/92)
Order No. N002007 1-010-TO2-PD Guarantee No. CO-FCTV-IMP-72COG6- 1 - 18-N0020071
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
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
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 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, assume or
agreed 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 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 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 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
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 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 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 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 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.
72COG6
Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6!6!92)
Order No.: N0020071-010-TO2-PD
Guarantee No.: CO-FCTV-IMP-72COG6-1-18-N0020071
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 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 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 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 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 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:
CHICAGO TITLE INSURANCE COMPANY
Claims Department
Post Office Box 45023
Jacksonville, FL 32232-5023
72COG6
Chain of Title Guarantee
CLTA Guarantee Form No. 6 (Revised 6!6!92)
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