HomeMy WebLinkAbout20141870.tiff HitHeritage 5586 West 19th Street,#1000,
Title Company Greeley,CO 80634
MakingTmuulan,re.,on.i Phone: (970)330-4522
Fax: (866)828-0844
•Commonwealth
DATE: November 25,2013
FILE NUMBER: 459-H0388959-820-GRO
PROPERTY ADDRESS: 2672 Grace Way,Mead,CO 80542
BUYER/BORROWER: To Be Determined
OWNER(S): Jacqueline A.Ebert and Mark A.Eherl
YOUR REFERENCE NUMBER:
ASSESSOR PARCEL NUMBER: R8114999/120721002009
PLEASE TAKE NOTE OF THE FOLLOWING REVISED TERMS CONTAINED HEREIN:
None.
WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS,SEE WIRING
INSTRUCTIONS INCLUDED HEREIN.
TO: Heritage Title Company,Inc. ATTN: Lynn Vance
5586 West 19th Street,#1000 PHONE: (970)330-4522
FAX: (970)330-4522
Greeley,CO 80634 E-MAIL: Ivance@heritagetco.com
TO: For Sale By Owner ATTN: Jackie Eberl
2672 Grace Way PHONE: (720)255-4472
Mead,CO 80542 FAX: (000)000-0000
E-MAIL: markjak@aol.com
TO: Greeley Title Plant-Title Only ATTN: Greeley Title Only
5586 West 19th Street,#1000 PHONE: (970)330-4522
Greeley,CO 80634 FAX: (866)828-0844
E-MAIL: titlevault@heritagetco.com
END OF TRANSMITTAL
HitHeritage
Title Company
Making lnmaoumn I'c.mml
(�Commonwealth'
Date: November 25,2013
Property Address: 2672 Grace Way,Mead,CO 80542
We would like to thank you for choosing Heritage Title Company,Inc. for your title insurance needs.
For all of your title and commitment needs,your Title Examiner is: Lynn Vance. Please feel free to contact her
at: (970)330-4522, e-mail: Ivance(a heritagetco.com, 5586 West 19th Street,Suite#1000 Greeley,CO 80634.
WIRING INSTRUCTIONS
Bank: Wells Fargo Bank West,NA
Bank Address: 550 California St., 10th Floor
San Francisco,CA 94104
Account Name: Heritage Title Company, Inc.
Account Number: 8861647025
ABA Number: 121000248
Reference: 459-H0388959-820-GRO
Property Address: 2672 Grace Way
Mead,CO 80542
"ACH"OR"EFT"TRANSFERS CANNOT BE ACCEPTED. Please contact your closer if you have any questions.
Visit our website www.heritagetco.com for a demonstration of our Online Transaction Management Service,
TitleVault. This amazing program allows you to manage your transactions 24/7! Contact your Business
Development Representative for a login and password.
Sincerely,
Heritage Title Company, Inc.
11/25/2013 2:10:54 PM Commitment No.: 459-H0388959-820-GRO
Commonwealth Land Title Insurance Company
COMMITMENT
SCHEDULE A
Commitment No: 459-H0388959-820-GRO
1. Effective Date: November 18,2013 at 7:00 A.M.
2. Policy or policies to be issued:
Proposed Insured Policy Amount
(a)ALTA Owners Policy 6-17-06 $0.00
To Be Determined
(b)None $0.00
3. The estate or interest in the land described or referred to in this Commitment is:
A Fee Simple
4. Title to the estate or interest in the land is at the Effective Date vested in:
Jacqueline A. Eberl and Mark A. Eberl
5. The land referred to in this Commitment is described as follows:
See Attached Legal Description
(for informational purposes only) 2672 Grace Way, Mead,CO 80542
PREMIUMS:
TBD Title Commitment: $200.00
Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and
ALTA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American ;'•'II.4
Land Title Association "g
11/25/2013 2:10:54 PM Commitment No.: 459-H0388959-820-CRO
Attached Legal Description
Lot 9,EDEN'S RESERVE, County of Weld,State of Colorado.
Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and
ALTA members in good standing as of the date of use.All other uses are prohibited.Reprinted under license from the American ,
Land Title Association.
11/25/2013 2:51:11 PM Commitment No: 459-H0388959-820-GRO
SCHEDULE B—Section 1
Requirements
The following requirements must be met:
a. Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured.
b. Pay us the premiums, fees and charges for the policy.
c. Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent.
d. The Company will require that an Affidavit and Indemnity Agreement be completed by the party(s)
named below before the issuance of any policy of title insurance.
Party(s): Jacqueline A. Eberl and Mark A. Eberl
The Company reserves the right to add additional items or make further requirements after review of the
requested Affidavit.
e. Deed sufficient to convey the fee simple estate or interest in the Land described or referred to herein, to
the Proposed Insured Purchaser.
f. Furnish for recordation a full release of deed of trust:
Amount: $553,000.00
Trustor/Grantor: Mark A. Eberl and Jacqueline A. Eberl
Trustee: Public Trustee of Weld County
Beneficiary: United Capital Mortgage Corporation
Loan No. 20007091
Recording Date: July 29,2003
Recording No: 3088813.
g. This commitment is subject to such further exceptions and/or requirements as may appear necessary when
the name of the proposed insured has been disclosed.
Note: Exception number 5 will be removed from the policy provided the company conducts the closing.
END OF REQUIREMENTS
Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and mm
,,.,.
ALTA members in good standing as of the date of use.All other uses are prohibited Reprinted under license from the American io
Land Title Association. p,
11/25/2013 2:51:11 PM Commitment No: 459-H0388959-820-GRO
SCHEDULE B-Section 2
Exceptions
Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction:
I. Any facts,rights, interests or claims that are not shown by the Public Records but which could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
2. Easements, liens or encumbrances,or claims thereof,not shown by the Public Records.
3. Any encroachments,encumbrances,violation, variation,or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land and not shown by Public
Records.
4. Any lien or right to a lien,for services, labor or material heretofore or hereafter furnished,imposed by
law and not shown by the Public Records.
5. Defects, liens,encumbrances,adverse claims or other matters, if any,created,first appearing in the Public
Records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured
acquires of record for the value the estate or interest or mortgage thereon covered by this Commitment.
6. (a) Unpatented mining claims;(b)reservations or exceptions in patents or in Acts authorizing the issuance
thereof,(c)water rights,claims of title to water,whether or not the matters excepted under(a),(b),or(c)
are shown by the Public Records.
7. (a)Taxes or assessments that are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; (b)proceedings by a public agency
that may result in taxes or assessments,or notices of such proceedings,whether or not shown by the
records of such agency or by the Public Records.
8. All taxes and assessments,now or heretofore assessed, due or payable.
9. Any existing leases or tenancies,and any and all parties claiming by,through or under said lessees.
10. Right of Way and rights incidental thereto for County Roads 30 feet on either side of Section and
Township lines as established by the Board of County Commissioners for Weld County, as set forth in a
document:
Recording Date: October 14, 1889
Recording No: Book 86 at Page 273.
11. Water rights, claims or title to water, and mineral rights,whether or not disclosed by the public records.
12. Easement(s)for the purpose(s)shown below and rights incidental thereto,as granted in a document:
Granted to: The Mountain States Telephone and Telegraph Co.
Purpose: Telephone and telegraph lines
Recording Date: November 8, 1930
Recording No: Book 902 at Page 329.
Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and ,.
ALTA members in good standing as of the date of use All other uses are prohibited Reprinted under license from the American
Land Title Association
11/25/2013 2:51:11 PM Commitment No: 459-H0388959-820-GRO
13. An Oil and Gas Lease, from Patricia S. Ackard as Lessor(s)to Amoco Production Company as Lessee(s)
dated March 17, 1977,recorded on May 4, 1977 in Book 796 at Reception Number 1718099,and any and
all assignments thereof or interests therein.
14. An Oil and Gas Lease, from Patricia S. Ackard as Lessor(s)to Buddy Baker as Lessee(s) dated February
25, 1980, recorded on May 9, 1980 in Book 902 at Reception Number 1824448, and any and all
assignments thereof or interests therein.
15. Easement(s)for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: Panhandle Eastern Pipe Line Company
Purpose: Pipe lines
Recording Date: May 14, 1982
Recording No: 1891620.
16. An easement for pipe line and incidental purposes granted to Panhandle Eastern Pipe Line Company by
the instrument recorded February 28, 1983 in Book 990 at Reception Number 1918737.
17. All matters disclosed by Land Survey Plat recorded June 15, 1994 at Reception Number 2393364.
18. All matters shown on the P.U.D. Zoning Change map recorded August 5, 1999 at Reception Number
2711744.
19. Terms, conditions, provisions, agreements and obligations specified under the Road Maintenance and
Improvements Agreement by and between County of Weld, State of Colorado and Mark and Jackie Eberl
recorded on September 30, 1999 at Reception Number 2723648.
20. Terms, conditions, provisions, agreements and obligations specified under the Improvement Agreement
by and between County of Weld, State of Colorado and Mark and Jackie Eberl recorded on September 30,
1999 at Reception Number 2723649.
21. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not
limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status,
disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender
expression, medical condition or genetic information, as set forth in applicable state or federal laws,
except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the
document
Recording Date: September 27, 1999
Recording No: 2722939.
22. Any taxes or assessments by reason of the inclusion of the Land in the Little Thompson Water District as
disclosed by Order of Inclusion recorded April 7,2009 at Reception Number 3615010.
Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and
ALTA members in good standing as of the date of use All other uses are prohibited.Reprinted under license from the American
Land Title Association.
,A
11/25/20132:51:11 PM CommihncntNo: 459-H0388959-820-GRO
23. Covenants,conditions and restrictions but omitting any covenants or restrictions, if any, including but not
limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status,
disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender
expression, medical condition or genetic information, as set forth in applicable state or federal laws,
except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the
document
Recording Date: August 18,2009
Recording No: 3643399.
Ratification of, and First Amendment to, the Declaration of Covenants, Conditions, and Restrictions for
Eden's Reserve, a Planned Community as set forth below purports to remove Lot 9 from the lands to
governed by the Declaration
Recording Date: March 27,2012
Recording No: 3834831.
24. An oil and gas lease for the term therein provided with certain covenants, conditions and provisions,
together with easements, if any, as set forth therein, and any and all assignments thereof or interests
therein.
Recording Date: February 7,2012
Recording No: 3823404.
25. Terms, conditions, provisions, agreements and obligations contained in the Water Use Agreement and
Easement as set forth below:
Recording Date: March 27,2012
Recording No.: 3834848.
26. Terms,conditions, provisions,agreements and obligations contained in the Road Maintenance Agreement
as set forth below:
Recording Date: March 27,2012
Recording No.: 3834850.
27. Any assessments or liens based upon assessments imposed by any recorded declaration of covenants,
conditions or restrictions or imposed by law for the benefit of a homeowners association or a common
interest ownership association.
NOTE: Item(s) above refer to recorded evidence that a mineral estate has been severed, leased, or
otherwise conveyed from the surface estate.
END OF EXCEPTIONS
Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and
ALTA members in good standing as of the date of use All other uses are prohibited.Reprinted under license from the American
Land Title Association.
11/25/2013 2:51:11 PM Commitment No: 459-H0388959-820-GRO
AFFIDAVIT AND INDEMNITY AGREEMENT
TO Heritage Title Company,Inc.a Colorado Corporation and Commonwealth Land Title Insurance Company,a Nebraska Corporation.
This is written evidence to you that there are no unpaid bills, and to the extent there may be unpaid hills, that the undersigned
undertakes and agrees to cause the same to be paid such that there shall be no mechanics or materialmen's liens affecting the property
for materials or labor furnished for construction and erection,repairs or improvements contracted by or on behalf of the undersigned
on property:
legally described as:
See Attached Affidavit and Indemnity Agreement Legal Description
Property Address: 2672 Grace Way,Mead,CO 80542
2. We further represent that to the actual knowledge and belief of the undersigned there are no public improvements affecting the
property prior to the date of closing that would give rise to a special property tax assessment against the property after the date of
closing.
3. We further represent that to the actual knowledge and belief of the undersigned there are no pending proceedings or unsatisfied
judgments of record,in any Court,State,or Federal,nor any tax liens fled or taxes assessed against us which may result in liens,and
that if there are judgments,bankruptcies, probate proceedings,state or federal tax liens of record against parties with same or similar
names,that they are not against us.
4. We further represent that there are no unrecorded contracts, leases, easements, or other agreements or interests relating to said
premises of which we have knowledge.
5. We further represent that to the actual knowledge and belief of the undersigned we are in sole possession of the real property
described herein other than leasehold estates reflected as recorded items under the subject commitment for title insurance.
6. We further represent that there are no unpaid charges and assessments that could result in a lien in favor of any association of
homeowners which are provided for in any document referred to in Schedule B of Commitment referenced above.
7. We further understand that any payoff figures shown on the settlement statement have been supplied to Heritage Title Company, Inc.
as settlement agent by the seller's/borrower's lender and are subject to confirmation upon tender of the payoff to the lender. If the
payoff figures are inaccurate,we hereby agree to immediately pay any shortage(s)that may exist.If applicable as disclosed or referred
to on Schedule A of Commitment referenced above.
The undersigned affiant(s) know the matters herein stated are true and indemnifies heritage Title Company, Inc., a Colorado
Corporation and Commonwealth Land Title Insurance Company,a Nebraska Corporation against loss,costs,damages and expenses or
every kind incurred by it by reason of its reliance on the statements made herein.
This agreement is executed with and forms a part of the sale and/or financing of the above described premises,and is given in addition
to the conveyance and/or financing of the premises in consideration for the conveyance and/or financing, and fonns a complete
agreement by itself for any action thereon.
SELLER: SELLER:
Jacqueline A.Eberl Mark A.Eberl
State of Colorado }ss:
County of Weld
The foregoing instrument was acknowledged,subscribed,and sworn to before me on by Jacqueline A.Ebert and
Mark A.Ebert.
(SEAL) Notary Public
My Commission Expires:
11/25/2013 2:51:11 PM Commitment No_ 459-H0388959-820-GRO
ATTACHED AFFIDAVIT AND INDEMNITY AGREEMENT
LEGAL DESCRIPTION
IAA 9,EDEN'S RESERVE,County of Weld,State of Colorado.
11/25/2013 2:51:11 PM Commitment No: 459-H0388959-820-GRO
gic it hrm
LAND TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
Issued by
Heritage Title Company, Inc.
AS AGENT FOR
Commonwealth Land Title Insurance Company
Commonwealth Land Title Insurance Company,a Nebraska corporation("Company"),for a valuable
consideration,commits to issue its policy or policies of title insurance,as identified in Schedule A,in favor of the
Proposed Insured named in Schedule A,as owner or mortgagee of the estate or interest in the land described or
referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all
subject to the provisions of Schedule A and B and to the Conditions of this Commitment.
The Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy
or policies committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate 6 months after the Effective Date or
when the policy or policies committed for shall issue,whichever first occurs,provided that the failure to issue the
policy or policies is not fault of the Company.
The Company will provide a sample of the policy form upon request.
IN WITNESS WHEREOF,Commonwealth Land Title Insurance Company has caused its corporate name and
seal to be affixed by its duly authorized officers on the date shown in Schedule A.
Vlfdt•ti
Attest: SEAL'e By:
Secretary Y t;
nto,� President
Copyright American Land Title Association.All rights reserved. The use of this Form is restricted to ALTA licensees and
ALTA members in good standing as of the date of use All other uses are prohibited Reprinted under license from the American
Land Title Association °
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