HomeMy WebLinkAbout20150285.tiff Esther Gesick
From: Robert J. Frick
Sent: Friday, January 16, 2015 9:10 AM
To: Esther Gesick; Jennifer Fuller
Cc: Toby Taylor
Subject: FW: File 7394UTGj12 10th Street, Greeley, CO 80631
Attachments: OWNERS POLICY.PDF; ATT00001.htm
Please file accordingly.
Thanks.
Bob
Robert J. Frick, Esq.
Weld County Attorney
P.O. Box 758
1150"O" Street
Greeley, CO 80632
(970)356-4000
.i u. N..
•
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From: Bruce Barker
Sent: Friday, January 16, 2015 7:23 AM
To: Robert J. Frick; Don Warden
Subject: Fwd: File 7394UTG 912 10th Street, Greeley, CO 80631
From Unified Title.
Sent from my iPhone
Begin forwarded message:
From: Unified Title Plant<UTNCPlant@unifiedtitle.com>
Date:January 16, 2015 at 7:03:38 AM MST
To: Bruce Barker<bbarker@co.weld.co.us>
Subject: File 7394UTG 912 10th Street,Greeley,CO 80631
Greetings
Attached is the final policy for the above property
1 2015-0285
ea 1_,7(_02&75
UmMa�ht
Thank You
Unified Title Company of Northern Colorado
2
UNIFIED TITLE COMPANY OF NORTHERN COLORADO, LLC
3690 West 10th Street,2nd Floor
Greeley,CO 80634
Phone: 970-356-3551 Fax: 970-356-2063
January 15,2015
County of Weld, a body corporate and politic of the State of Colorado
Bruce Barker,Weld County Attorney
bbarker@co.weld.us
PROPERTY ADDRESS: 912 10th Street,Greeley,CO 80631
ORDER NO: 7394UTG
DEAR CUSTOMER:
ENCLOSED IS YOUR POLICY OF TITLE INSURANCE. THIS POLICY CONTAINS IMPORTANT
INFORMATION ABOUT THE REAL ESTATE TRANSACTION YOU HAVE JUST COMPLETED
AND IS YOUR GUARANTEE OF OWNERSHIP. PLEASE READ IT CAREFULLY AND RETAIN IT
WITH YOUR OTHER VALUABLE PAPERS.
A COMPLETE AND PERMANENT FILE OF THE RECORDS CONCERNING YOUR TRANSACTION
WILL BE MAINTAINED IN OUR OFFICE. THESE RECORDS WILL ASSURE PROMPT
PROCESSING OF FUTURE TITLE ORDERS AND SAVE MUCH VALUABLE TIME SHOULD YOU
WISH TO SELL OR OBTAIN A LOAN ON YOUR PROPERTY. VISIT OR CALL OUR OFFICE AND
SIMPLY GIVE US YOUR PERSONAL POLICY FILE NUMBER SHOWN ABOVE.
WE APPRECIATE THE OPPORTUNITY TO SERVE YOU AND WILL BE HAPPY TO ASSIST YOU
IN ANY WAY WITH YOUR FUTURE TITLE SERVICE NEEDS.
SINCERELY,
UNIFIED TITLE COMPANY OF NORTHERN COLORADO, LLC
POLICY NO. OP-63700140
iiWESTCOR ALTA OWNER'S POLICY (6-17-06)
LAND TITLE INSURANCE COMPANY iiL
ISSUED BY
WESTCOR LAND TITLE INSURANCE COMPANY
OWNER'S POLICY OF TITLE INSURANCE
Any notice of claim and any other notice or statement in writing required to be given to the Company
under this Policy must be given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B, AND THE CONDITIONS, WESTCOR LAND TITLE INSURANCE COMPANY, a California corporation
(the"Company")insures,as of Date of Policy and,to the extent stated in Covered Risks 9 and 10,after Date of Policy,against
loss or damage,not exceeding the Amount of insurance,sustained or incurred by the Insured by reason of:
I.Title being vested other than as stated in Schedule A.
2.Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss
from
(a) A defect in the Title caused by
(i) forgery,fraud,undue influence,duress, incompetency, incapacity,or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or
delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified,expired,or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those
acts by electronic means authorized by law;or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but
unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land.The term"encroachment"includes encroachments of
existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing
improvements located on adjoining land.
3. Unmarketable Title.
COVERED RISKS Continued on next page
IN WITNESS WHEREOF, WESTCOR LAND TITLE INSURANCE COMPANY has caused this policy to be signed and
sealed as of the Date of Policy shown in Schedule A,
WESTCOR LAND TITLE INSURANCE COMPANY
Issued By: Unified Title Company of Northern Colorado, LLC
.� By: l./V Qtp.,,, ,, QA/I
" marsh ' Attest Gresidlirt
1/ SeCrdary
4.No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and
zoning)restricting,regulating,prohibiting,or relating to
(a) the occupancy,use,or enjoyment of the Land;
(b) the character,dimensions,or location of any improvement erected on the Land;
(c) the subdivision of land;or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce,
but only to the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the
enforcement action,describing any part of the Land, is recorded in the Public Records,but only to the extent of the enforcement
referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public
Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
9.Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all
or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A
because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or
similar creditors' rights laws;or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal
bankruptcy,state insolvency,or similar creditors' rights laws by reason of the failure of its recording in the Public Records
(i) to be timely,or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10.Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks I through 9 that has been created or
attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed
or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs,attorneys' fees,and expenses incurred in defense of any matter insured against by this Policy,but
only to the extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the (b)not Known to the Company, not recorded in the Public
coverage of this policy, and the Company will not pay loss or Records at Date of Policy, but Known to the Insured
damage, costs,attorneys' fees,or expenses that arise by reason Claimant and not disclosed in writing to the Company
of: by the Insured Claimant prior to the date the Insured
1. (a) Any law, ordinance, permit, or governmental regulation Claimant became an Insured under this policy;
(including those relating to building and zoning) (c) resulting in no loss or damage to the Insured Claimant;
restricting,regulating,prohibiting,or relating to (d) attaching or created subsequent to Date of Policy
(i) the occupancy,use,or enjoyment of the Land; (however, this does not modify or limit the coverage
(H) the character, dimensions, or location of any provided under Covered Risk 9 and 10);or
improvement erected on the Land; (e) resulting in loss or damage that would not have been
(Hi) the subdivision of land;or sustained if the Insured Claimant had paid value for
(iv) environmental protection; or the effect of any the Title.
violation of these laws, ordinances, or 4.Any claim, by reason of the operation of federal bankruptcy,
governmental regulations. This Exclusion 1(a) state insolvency, or similar creditors' rights laws, that the
does not modify or limit the coverage provided transaction vesting the Title as shown in Schedule A,is
under Covered Risk 5. (a) a fraudulent conveyance or fraudulent transfer; or
(b) Any governmental police power. This Exclusion 1(b) (b) a preferential transfer for any reason not stated in
does not modify or limit the coverage provided under Covered Risk 9 of this policy.
Covered Risk 6. 5. Any lien on the Title for real estate taxes or assessments
2. Rights of eminent domain. This Exclusion does not modify imposed by governmental authority and created or
or limit the coverage provided under Covered Risk 7 or 8. attaching between Date of Policy and the date of recording
3. Defects, liens, encumbrances, adverse claims, or other mat- of the deed or other instrument of transfer in the Public
ters Records that vests Title as shown in Schedule A.
(a) created, suffered, assumed, or agreed to by the Insured
Claimant;
CONDITIONS
1. DEFINITION OF TERMS value and without Knowledge. With respect to Covered
The following terms when used in this policy mean: Risk 5(d), "Public Records" shall also include
(a) "Amount of Insurance": The amount stated in Schedule A, environmental protection liens filed in the records of the
as may be increased or decreased by endorsement to this clerk of the United States District Court for the district
policy, increased by Section 8(b), or decreased by where the Land is located.
Sections 10 and I I of these Conditions. (1) "Title":The estate or interest described in Schedule A.
(b)"Date of Policy": The date designated as"Date of Policy" (k) "Unmarketable Title": Title affected by an alleged or
in Schedule A. apparent matter that would permit a prospective purchaser
(c)"Entity": A corporation, partnership, trust, limited liability or lessee of the Title or lender on the Title to be released
company,or other similar legal entity. from the obligation to purchase, lease,or lend if there is a
(d) "Insured": The Insured named in Schedule contractual condition requiring the delivery of marketable
A.(i)The term"Insured"also includes title.
(A) successors to the Title of the Insured by operation
of law as distinguished from purchase, including 2. CONTINUATION OF INSURANCE
heirs, devisees, survivors, personal The coverage of this policy shall continue in force as of Date
representatives,or next of kin; of Policy in favor of an Insured, but only so long as the
(B) successors to an Insured by dissolution, merger, Insured retains an estate or interest in the Land, or holds an
consolidation,distribution,or reorganization; obligation secured by a purchase money Mortgage given by a
(C) successors to an Insured by its conversion to purchaser from the Insured, or only so long as the Insured
another kind of Entity; shall have liability by reason of warranties in any transfer or
(D) a grantee of an Insured under a deed delivered conveyance of the Title. This policy shall not continue in
without payment of actual valuable consideration force in favor of any purchaser from the Insured of either(i)
conveying the Title an estate or interest in the Land, or (ii) an obligation secured
(I) if the stock, shares, memberships, or other by a purchase money Mortgage given to the Insured.
equity interests of the grantee are wholly- 3. NOTICE OF CLAIM TO BE GIVEN BY
owned by the named Insured, INSURED CLAIMANT
(2) if the grantee wholly owns the named Insured, The Insured shall notify the Company promptly in writing (i)
(3) if the grantee is wholly-owned by an affiliated in case of any litigation as set forth in Section 5(a) of these
Entity of the named Insured, provided the Conditions, (ii) in case Knowledge shall come to an Insured
affiliated Entity and the named Insured are hereunder of any claim of title or interest that is adverse to the
both wholly-owned by the same person or Title, as insured, and that might cause loss or damage for
Entity,or
(4) if the grantee is a trustee or beneficiary of a which the Company may be liable by virtue of this policy, or
trust created by a written instrument (iii) if the Title,as insured, is rejected as Unmarketable Title.
established by the Insured named in Schedule If the Company is prejudiced by the failure of the Insured
A for estate planning purposes. Claimant to provide prompt notice, the Company's liability to
(ii) With regard to (A), (B), (C), and (D) reserving, the Insured Claimant under the policy shall be reduced to the
however, all rights and defenses as to any successor extent of the prejudice.
that the Company would have had against any 4. PROOF OF LOSS
predecessor Insured. In the event the Company is unable to determine the amount
(e)"Insured Claimant": An Insured claiming loss or damage. of loss or damage,the Company may, at its option, require as
(f) "Knowledge" or "Known": Actual knowledge, not a condition of payment that the Insured Claimant furnish a
constructive knowledge or notice that may be imputed to signed proof of loss. The proof of loss must describe the
an Insured by reason of the Public Records or any other defect, lien, encumbrance, or other matter insured against by
records that impart constructive notice of matters affecting this policy that constitutes the basis of loss or damage and
the Title. shall state, to the extent possible, the basis of calculating the
(g)"Land" The land described in Schedule A, and affixed amount of the loss or damage.
improvements that by law constitute real property. The
term "Land" does not include any property beyond the 5. DEFENSE AND PROSECUTION OF ACTIONS
lines of the area described in Schedule A, nor any right, (a) Upon written request by the Insured, and subject to the
title, interest,estate,or easement in abutting streets,roads, options contained in Section 7 of these Conditions, the
avenues, alleys, lanes, ways, or waterways, but this does Company, at its own cost and without unreasonable
not modify or limit the extent that a right of access to and delay, shall provide for the defense of an Insured in
from the Land is insured by this policy. litigation in which any third party asserts a claim
(h) "Mortgage": Mortgage, deed of trust, trust deed, or other covered by this policy adverse to the Insured. This
security instrument, including one evidenced by electronic obligation is limited to only those stated causes of
means authorized by law. action alleging matters insured against by this policy.
(i) "Public Records": Records established under state statutes The Company shall have the right to select counsel of
at Date of Policy for the purpose of imparting constructive its choice (subject to the right of the Insured to object
notice of matters relating to real property to purchasers for for reasonable cause) to represent the Insured as to li
those stated causes of action. It shall not be liable for administration of the claim. Failure of the Insured Claimant
and will not pay the fees of any other counsel. The to submit for examination under oath, produce any
Company will not pay any fees, costs, or expenses reasonably requested information, or grant permission to
incurred by the Insured in the defense of those causes of secure reasonably necessary information from third parties
action that allege matters not insured against by this as required in this subsection, unless prohibited by law or
policy. governmental regulation,shall terminate any liability of the
Company under this policy as to that claim.
(b) The Company shall have the right, in addition to the
7. OPTIONS TO PAY OR OTHERWISE SETTLE
options contained in Section 7 of these Conditions,at its CLAIMS;TERMINATION OF LIABILITY
own cost, to institute and prosecute any action or
proceeding or to do any other act that in its opinion may In case of a claim under this policy, the Company shall have
be necessary or desirable to establish the Title, as the following additional options:
insured, or to prevent or reduce loss or damage to the (a)To Pay or Tender Payment of the Amount of Insurance.
Insured. The Company may take any appropriate action To pay or tender payment of the Amount of Insurance under
under the terms of this policy,whether or not it shall be this policy together with any costs, attorneys' fees, and
liable to the Insured. The exercise of these rights shall expenses incurred by the Insured Claimant that were
not be an admission of liability or waiver of any authorized by the Company up to the time of payment or
provision of this policy. If the Company exercises its tender of payment and that the Company is obligated to pay.
rights under this subsection,it must do so diligently.
Upon the exercise by the Company of this option, all liability
(c) Whenever the Company brings an action or asserts a and obligations of the Company to the Insured under this
defense as required or permitted by this policy, the policy, other than to make the payment required in this
Company may pursue the litigation to a final subsection, shall terminate, including any liability or
determination by a court of competent jurisdiction,and it obligation to defend,prosecute,or continue any litigation.
expressly reserves the right, in its sole discretion, to
appeal any adverse judgment or order. (b) To Pay or Otherwise Settle With Parties Other Than the
6. DUTY OF INSURED CLAIMANT TO COOPERATE Insured or With the Insured Claimant.
(a) In all cases where this policy permits or requires the (i)To pay or otherwise settle with other parties for or in the
Company to prosecute or provide for the defense of any name of an Insured Claimant any claim insured against
action or proceeding and any appeals, the Insured shall under this policy. In addition, the Company will pay
secure to the Company the right to so prosecute or provide any costs, attorneys' fees,and expenses incurred by the
defense in the action or proceeding, including the right to Insured Claimant that were authorized by the Company
use, at its option,the name of the Insured for this purpose. up to the time of payment and that the Company is
Whenever requested by the Company, the Insured, at the obligated to pay;or
Company's expense,shall give the Company all reasonable (ii) To pay or otherwise settle with the Insured Claimant
aid (i) in securing evidence, obtaining witnesses, the loss or damage provided for under this policy,
prosecuting or defending the action or proceeding, or together with any costs, attorneys' fees, and expenses
effecting settlement, and (ii) in any other lawful act that in incurred by the Insured Claimant that were authorized
the opinion of the Company may be necessary or desirable by the Company up to the time of payment and that the
to establish the Title or any other matter as insured. If the Company is obligated to pay.
Company is prejudiced by the failure of the Insured to Upon the exercise by the Company of either of the options
furnish the required cooperation, the Company's provided for in subsections (b)(i) or (ii), the Company's
obligations to the Insured under the policy shall terminate, obligations to the Insured under this policy for the claimed loss
including any liability or obligation to defend, prosecute, or damage,other than the payments required to be made, shall
or continue any litigation, with regard to the matter or terminate, including any liability or obligation to defend,
matters requiring such cooperation. prosecute,or continue any litigation.
(b) The Company may reasonably require the Insured
Claimant to submit to examination under oath by any 8.DETERMINATION AND EXTENT OF LIABILITY
authorized representative of the Company and to produce This policy is a contract of indemnity against actual monetary
for examination, inspection, and copying, at such loss or damage sustained or incurred by the Insured Claimant
reasonable times and places as may be designated by the who has suffered loss or damage by reason of matters insured
authorized representative of the Company, all records, in against by this policy.
whatever medium maintained, including books, ledgers, (a) The extent of liability of the Company for loss or damage
checks, memoranda, correspondence, reports, e-mails, under this policy shall not exceed the lesser of
disks, tapes, and videos whether bearing a date before or
after Date of Policy, that reasonably pertain to the loss or (i) the Amount of Insurance;or
damage. Further, if requested by any authorized (ii) the difference between the value of the Title as insured
representative of the Company, the Insured Claimant shall and the value of the Title subject to the risk insured
grant its permission, in writing, for any authorized against by this policy.
representative of the Company to examine, inspect, and (b) If the Company pursues its rights under Section 5 of these
copy all of these records in the custody or control of a third Conditions and is unsuccessful in establishing the Title, as
party that reasonably pertain to the loss or damage. All insured,
information designated as confidential by the Insured
Claimant provided to the Company pursuant to this Section (i) the Amount of Insurance shall be increased by 10%,
shall not be disclosed to others unless, in the reasonable and
judgment of the Company, it is necessary in the (ii) the Insured Claimant shall have the right to have the
loss or damage determined either as of the date the loss of the Insured Claimant, the Company shall defer the
claim was made by the Insured Claimant or as of the exercise of its right to recover until after the Insured Claimant
date it is settled and paid. shall have recovered its loss.
(c) In addition to the extent of liability under (a) and (b), the (b)The Company's right of subrogation includes the rights of
Company will also pay those costs, attorneys' fees, and the Insured to indemnities, guaranties, other policies of
expenses incurred in accordance with Sections 5 and 7 of insurance, or bonds, notwithstanding any terms or
these Conditions. conditions contained in those instruments that address
9. LIMITATION OF LIABILITY subrogation rights.
(a) If the Company establishes the Title, or removes the 14.ARBITRATION
alleged defect, lien, or encumbrance, or cures the lack of a Either the Company or the Insured may demand that the claim
right of access to or from the Land, or cures the claim of or controversy shall be submitted to arbitration pursuant to the
Unmarketable Title,all as insured, in a reasonably diligent Title Insurance Arbitration Rules of the American Land Title
manner by any method, including litigation and the Association ("Rules"). Except as provided in the Rules, there
completion of any appeals, it shall have fully performed its shall be no joinder or consolidation with claims or
obligations with respect to that matter and shall not be controversies of other persons.Arbitrable matters may include,
liable for any loss or damage caused to the Insured. but are not limited to, any controversy or claim between the
(b) In the event of any litigation, including litigation by the Company and the Insured arising out of or relating to this
Company or with the Company's consent, the Company policy, any service in connection with its issuance or the
shall have no liability for loss or damage until there has breach of a policy provision, or to any other controversy or
been a final determination by a court of competent claim arising out of the transaction giving rise to this policy.
jurisdiction, and disposition of all appeals, adverse to the All arbitrable matters when the Amount of Insurance is
Title,as insured. $2,000,000 or less shall be arbitrated at the option of either the
(c) The Company shall not be liable for loss or damage to the Company or the Insured. All arbitrable matters when the
Insured for liability voluntarily assumed by the Insured in Amount of Insurance is in excess of $2,000,000 shall be
settling any claim or suit without the prior written consent arbitrated only when agreed to by both the Company and the
of the Company. Insured. Arbitration pursuant to this policy and under the
10. REDUCTION OF INSURANCE; REDUCTION Rules shall be binding upon the parties. Judgment upon the
OR TERMINATION OF LIABILITY award rendered by the Arbitrator(s) may be entered in any
All payments under this policy, except payments made for court of competent jurisdiction.
costs, attorneys' fees, and expenses, shall reduce the Amount 15. LIABILITY LIMITED TO THIS POLICY;
of Insurance by the amount of the payment. POLICY ENTIRE CONTRACT
II. LIABILITY NONCUMULATIVE (a) This policy together with all endorsements,if any,attached
The Amount of Insurance shall be reduced by any amount the to it by the Company is the entire policy and contract
Company pays under any policy insuring a Mortgage to which between the Insured and the Company. In interpreting any
exception is taken in Schedule B or to which the Insured has provision of this policy,this policy shall be construed as a
agreed, assumed, or taken subject, or which is executed by an whole.
Insured after Date of Policy and which is a charge or lien on (b) Any claim of loss or damage that arises out of the status of
the Title,and the amount so paid shall be deemed a payment to the Title or by any action asserting such claim shall be
the Insured under this policy. restricted to this policy.
12. PAYMENT OF LOSS (c) Any amendment of or endorsement to this policy must be
When liability and the extent of loss or damage have been in writing and authenticated by an authorized person, or
definitely fixed in accordance with these Conditions, the expressly incorporated by Schedule A of this policy.
payment shall be made within 30 days. (d) Each endorsement to this policy issued at any time is made
a part of this policy and is subject to all of its terms and
13. RIGHTS OF RECOVERY UPON PAYMENT provisions. Except as the endorsement expressly states, it
OR SETTLEMENT does not (i) modify any of the terms and provisions of the
(a) Whenever the Company shall have settled and paid a claim policy, (ii) modify any prior endorsement, (iii) extend the
under this policy, it shall be subrogated and entitled to the Date of Policy,or(iv)increase the Amount of Insurance.
rights of the Insured Claimant in the Title and all other 16.SEVERABILITY
rights and remedies in respect to the claim that the Insured
Claimant has against any person or property, to the extent In the event any provision of this policy, in whole or in part, is
of the amount of any loss, costs, attorneys' fees, and held invalid or unenforceable under applicable law, the policy
expenses paid by the Company. If requested by the shall be deemed not to include that provision or such part held
Company,the Insured Claimant shall execute documents to to be invalid, but all other provisions shall remain in full force
evidence the transfer to the Company of these rights and and effect.
remedies. The Insured Claimant shall permit the Company 17.CHOICE OF LAW; FORUM
to sue, compromise, or settle in the name of the Insured (a) Choice of Law: The Insured acknowledges the Company
Claimant and to use the name of the Insured Claimant in has underwritten the risks covered by this policy and
any transaction or litigation involving these rights and determined the premium charged therefor in reliance upon
remedies. the law affecting interests in real property and applicable to
If a payment on account of a claim does not fully cover the the interpretation, rights, remedies, or enforcement of
policies of title insurance of the jurisdiction where the
Land is located.
Therefore, the court or an arbitrator shall apply the law of
the jurisdiction where the Land is located to determine the
validity of claims against the Title that are adverse to the
Insured and to interpret and enforce the terms of this
policy. In neither case shall the court or arbitrator apply its
conflicts of law principles to determine the applicable law.
(b)Choice of Forum: Any litigation or other proceeding
brought by the Insured against the Company must be filed
only in a state or federal court within the United States of
America or its territories having appropriate jurisdiction.
18. NOTICES,WHERE SENT
Any notice of claim and any other notice or statement in
writing required to be given to the Company under this policy
must be given to the Company at: Westcor Land Title
Insurance Company, Attn.: Claims, 875 Concourse Parkway
South, Suite 200, Maitland,Florida 32751.
OWNER'S POLICY OF TITLE INSURANCE
Issued by
Westcor Land Title Insurance Company
SCHEDULE A
Name and Address of Title Insurance Company:
WESTCOR LAND TITLE INSURANCE COMPANY
2000 S.Colorado Blvd.
#1-3100,Denver,Colorado 80222
File No.: 7394UTG Policy No.: OP-63700140
Address Reference: 912 10th Street,Greeley,CO 80631
Amount of Insurance: $250,000.00
Date of Policy: December 17,2014 at the exact time of recording.
I. Name of Insured:
County of Weld,a body corporate and politic of the State of Colorado
2. The estate or interest in the Land that is insured by this policy is:
Fee Simple
3. Title is vested in:
County of Weld,a body corporate and politic of the State of Colorado
4. The Land referred to in this policy is described as follows:
That part of the North 100 feet of Lot 4,lying West of the East 20 feet,Block 76,City of Greeley,County of Weld,
State of Colorado.
Countersigned
Unified Title Company of Northern Colorado,
LLC
By: t.YLc-rL„Cs,..,
Authorized Officer or Agent
Note:This policy consists of insert pages labeled Schedule A and B.This policy is of no force and effect unless all pages are included
along with any added pages incorporated by reference.
ALTA Owner's Policy(6-17-06)
Page
Schedule A
OWNER'S POLICY OF TITLE INSURANCE
Issued by
Westcor Land Title Insurance Company
SCHEDULE B
File No.: 7394UTC Policy No.: OP-63700140
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage,and the Company will not pay costs,attorneys'fees,or expenses that arise by
reason of:
Rights or claims of parties in possession not shown by the public records.
2. Easements or claims of easements not shown by the public records.
3. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,and any facts which a correct survey and
inspection of the land would disclose,and which are not shown by the public record.
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. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof.
6. Any water rights or claims or title to water, in or under the land,whether or not shown by the public records.
7. Taxes and assessments for the year 2014,and subsequent years,a lien not yet due and payable.
8. Terms,conditions,provisions and obligations contained in the Party Wall Agreement recorded July 20, 1955 in Book
1361 at Page 156 at Reception No. 1158929.
9. Terms,conditions,provisions and obligations of Agreement,recorded January 23, 1986 at Reception No.2040306.
10. Any assessment or lien of District No.464 as disclosed by Ordinance No.34,2005 recorded May 24,2005 at Reception
No.3288780.
11. Any assessment or lien of Ordinance No.01,2009 recorded January 19,2009 at Reception No.3600153.
12. Oil and gas lease between Jorgensen Motycka Lewis PC and Mineral Resources,Inc.recorded November 10,2010 at
Reception No.3731883,and any interests therein or rights thereunder.
13. Any and all unrecorded leases or tenancies and any and all parties claiming by,through,or under such leases or
tenancies.
Note:This policy consists of insert pages labeled Schedule A and B.This policy is of no force and effect unless all pages are included
along with any added pages incorporated by reference.
ALTA Owner's Policy(6-17-06)
Schedule B Page 2
Anti-Fraud Statement
NOTE: Pursuant to CRS 10-1-128(6)(a), 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.
This anti-fraud statement is affixed to and made a part of this policy.
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