LandTitle F30031722-8 Title Insurance Services Instructions
- September 22, 2024
- LandTitle
Table of Contents
F30031722-8 Title Insurance Services
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Product Information
Specifications:
- Order Number: F30031722-8
- Date: 06/04/2024
- Property Address: 2300 MOUNT WERNER CIRCLE, STEAMBOAT SPRINGS,
CO 80487
Product Usage Instructions
Closing Assistance:
Contact Kendra Rigoni for closing assistance:
-
Address: 255 ANGLERS DRIVE, SUITE B STEAMBOAT SPRINGS, CO
80477 -
Phone: 970-761-7077 (Work)
-
Fax: 877-375-5031 (Work Fax)
-
Email: krigoni@ltgc.com
Title Assistance:
Contact Land Title Builder Team for title assistance:
-
Address: 5975 GREENWOOD PLAZA BLVD GREENWOOD VILLAGE, CO
80111 -
Phone: 303-850-4134 (Work)
-
Fax: 303-850-4188 (Work Fax)
-
Email: builder@ltgc.com
Seller/Owner Information:
Contact information for STEAMBOAT AMBLE DEVELOPMENT, LLC:
- Address: 1550 WEWATTA ST #540 DENVER, CO 80202
- Phone: 303-607-7622 (Work)
- Fax: 303-825-7758 (Work Fax)
- Email: rstone@ewpartners.com
FAQs (Frequently Asked Questions)
Q: What should I do if I need to change the wiring
instructions?
A: To prevent fraud, always call a member of the closing team
for wire transfer instructions or to initiate a wire transfer. Note
that our wiring instructions will never change.
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Customer Distribution
Prevent fraud – Please call a member of our closing team for wire transfer
instructions or to initiate a wire transfer. Note that our wiring instructions
will never change.
Order Number: F30031722-8
Date: 06/04/2024
Property Address: 2300 MOUNT WERNER CIRCLE, STEAMBOAT SPRINGS, CO 80487
For Closing Assistance
Kendra Rigoni 255 ANGLERS DRIVE, SUITE B STEAMBOAT SPRINGS, CO 80477 PO BOX
776309 970-761-7077 (Work)
877-375-5031 (Work Fax)
krigoni@ltgc.com Contact License: CO511773 Company License: CO44565
For Title Assistance
Land Title Builder Team 5975 GREENWOOD PLAZA BLVD GREENWOOD VILLAGE, CO 80111
303-850-4134 (Work)
303-850-4188 (Work Fax)
builder@ltgc.com
Seller/Owner STEAMBOAT AMBLE DEVELOPMENT, LLC, A DELAWARE LIMITED LIABILITY COMPANY Attention: RYAN STONE 1550 WEWATTA ST #540 DENVER, CO 80202 303-607-7622 (Work) 303-825-7758 (Work Fax) rstone@ewpartners.com Delivered via: Electronic Mail
Attorney for Seller WEAR TRAVERS PERKINS LLC Attention: ASHLEY GARTON 97 MAIN ST #E202 EDWARDS, CO 81632 970-476-7646 (Work) agarton@wtpvail.com Delivered via: Electronic Mail
Agent for Seller SLIFER SMITH & FRAMPTON Attention: JOSEPH CASHEN AND MICHAEL
O’DONNELL PO DRAWER 2820 BACHELOR GULCH AVON, CO 81620
970-846-2532 (Cell)
970-845-2300 (Work)
970-845-2310 (Work Fax)
jcashen@slifer.net modonnell@slifer.net Delivered via: Electronic Mail
Attorney for Seller WEAR TRAVERS PERKINS LLC Attention: RICHARD D. TRAVERS 97
MAIN ST #E202 EDWARDS, CO 81632
970-790-1602 (Work)
rtravers@wtpvail.com Delivered via: Electronic Mail
LTGC Account Representative LAND TITLE GUARANTEE COMPANY Attention: ABBY KOCHEVAR 5975 GREENWOOD PLAZA BLVD GREENWOOD VILLAGE, CO 80111 720-441-7379 (Cell) akochevar@ltgc.com Delivered via: Electronic Mail
Estimate of Title Fees
Order Number: F30031722-8
Date: 06/04/2024
Property Address: 2300 MOUNT WERNER CIRCLE, STEAMBOAT SPRINGS, CO 80487
Seller(s): STEAMBOAT AMBLE DEVELOPMENT, LLC, A DELAWARE LIMITED LIABILITY COMPANY
Buyer(s): A BUYER TO BE DETERMINED
Thank you for putting your trust in Land Title. Below is the estimate of title fees for the transaction. The final fees will be collected at closing. Visit ltgc.com to learn more about Land Title.
“TBD” Commitment
Estimate of Title Insurance Fees TOTAL
$275.00 $275.00
Note: The documents linked in this commitment should be reviewed carefully.
These documents, such as covenants conditions and restrictions, may affect the
title, ownership and use of the property. You may wish to engage legal
assistance in order to fully understand and be aware of the implications of
the documents on your property.
Chain of Title Documents: Routt county recorded 05/17/2024 under reception no.
853127 Routt county recorded 06/29/2022 under reception no. 838748 Routt
county recorded 06/29/2022 under reception no. 838747 Routt county recorded
09/28/1998 under reception no. 499718 at book 750 page 1630
Plat Map(s): Routt county recorded 05/17/2024 under reception no. 853121
ALTA COMMITMENT Old Republic National Title Insurance Company
Schedule A
Order Number: F30031722-8
Property Address: 2300 MOUNT WERNER CIRCLE, STEAMBOAT SPRINGS, CO 80487
1. Effective Date: 05/17/2024 at 5:00 P.M.
2. Policy to be Issued and Proposed Insured: “TBD” Commitment Proposed
Insured: A BUYER TO BE DETERMINED
3. The estate or interest in the land described or referred to in this
Commitment and covered herein is: A FEE SIMPLE AS TO PARCEL A; AN EASEMENT
INTEREST AS TO PARCEL B
4. Title to the estate or interest covered herein is at the effective date
hereof vested in: STEAMBOAT AMBLE DEVELOPMENT, LLC, A DELAWARE LIMITED
LIABILITY COMPANY
5. The Land referred to in this Commitment is described as follows:
$0.00
LOT 1, FINAL PLAT FOR THE FIFTH SUPPLEMENT TO THE CONDOMINIUM MAP AND PLAT OF
THE STEAMBOAT GRAND RESORT HOTEL CONDOMINIUM,, ACCORDING TO THE RECORDED PLAT
THEREOF RECORDED MAY 17, 2024 UNDER RECEPTION NO. 853121, COUNTY OF ROUTT,
STATE OF COLORADO.
PARCEL B:
NON-EXCLUSIVE EASEMENTS FOR PEDESTRIAN AND VEHICULAR ACCESS, AND FOR TESTING,
INSPECTION, CONSTRUCTION, INSTALLATION, OPERATION AND MAINTENANCE OF
IMPROVEMENTS, AS SET FORTH AND GRANTED IN EASEMENT AGREEMENT RECORDED DECEMBER
31, 2008 UNDER RECEPTION NO. 681998, AND IN ACCESS, MAINTENANCE, COST-SHARING
AND CONSTRUCTION EASEMENT AGREEMENT RECORDED MAY 17, 2024 UNDER RECEPTION NO.
853119.
TO BE KNOW AS:
CONDOMINIUM UNIT , THE AMBLE, ACCORDING TO THE FINAL PLAT AND CONDOMINIUM
MAP FOR THE AMBLE RECORDED ____, AT RECEPTION NO.
AND AS DESCRIBED IN THE CONDOMINIUM DECLARATION FOR THE AMBLE, RECORDED
, AT RECEPTION NO. __ COUNTY OF ROUTT, STATE OF
COLORADO.
Copyright 2006-2024 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.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: F30031722-8
All of the following Requirements must be met:
This proposed Insured must notify the Company in writing of the name of any
party not referred to in this Commitment who will obtain an interest in the
Land or who will make a loan on the Land. The Company may then make additional
Requirements or Exceptions.
Pay the agreed amount for the estate or interest to be insured.
Pay the premiums, fees, and charges for the Policy to the Company.
Documents satisfactory to the Company that convey the Title or create the
Mortgage to be insured, or both, must be properly authorized, executed,
delivered, and recorded in the Public Records.
1. (THIS ITEM WAS INTENTIONALLY DELETED)
2. RECORDATION OF THE CONDOMINIUM MAP FOR THE AMBLE.
NOTE: A COPY OF SAID MAP MUST BE SUBMITTED TO LAND TITLE GUARANTEE COMPANY
PRIOR TO RECORDATION. UPON RECEIPT AND REVIEW FURTHER REQUIREMENTS AND/OR
EXCEPTIONS MAY BE NECESSARY.
3. RECORDATION OF THE CONDOMINIUM DECLARATION FOR THE AMBLE
NOTE: A COPY OF SAID DECLARATION MUST BE SUBMITTED TO LAND TITLE GUARANTEE
COMPANY PRIOR TO RECORDATION. UPON RECEIPT AND REVIEW FURTHER REQUIREMENTS
AND/OR EXCEPTIONS MAY BE NECESSARY..
4. (THIS ITEM WAS INTENTIONALLY DELETED)
5. PARTIAL RELEASE OF DEED OF TRUST DATED MAY 16, 2024 FROM STEAMBOAT RESORT
DEVELOPMENT COMPANY TO THE PUBLIC TRUSTEE OF ROUTT COUNTY FOR THE USE OF
STEAMBOAT AMBLE DEVELOPMENT, LLC TO SECURE THE SUM OF $2,202,331.00, AND ANY
OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED MAY 17, 2024, UNDER
RECEPTION NO. 853130.
6. PARTIAL RELEASE OF DEED OF TRUST DATED MAY 16, 2024 FROM STEAMBOAT SKE &
RESORT CORPORATION TO THE PUBLIC TRUSTEE OF ROUTT COUNTY FOR THE USE OF
STEAMBOAT AMBLE DEVELOPMENT, LLC TO SECURE THE SUM OF $295,573.00, AND ANY
OTHER AMOUNTS PAYABLE UNDER THE TERMS THEREOF, RECORDED MAY 17, 2024, UNDER
RECEPTION NO. 853131.
7. PARTIAL RELEASE OF DEED OF TRUST DATED __ FROM STEAMBOAT AMBLE
DEVELOPMENT, LLC, A DELAWARE LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE
OF ROUTT COUNTY FOR THE USE OF FIRSTBANK, A COLORADO STATE BANKING CORPORATION
TO SECURE THE SUM OF $72,359,000.00 RECORDED __, UNDER RECEPTION NO.
__.
8. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND
PROVISIONS OF THE STEAMBOAT SPRINGS TRANSFER FEE HAVE BEEN SATISFIED.
9. (THIS ITEM WAS INTENTIONALLY DELETED)
10. (THIS ITEM WAS INTENTIONALLY DELETED)
11. (THIS ITEM WAS INTENTIONALLY DELETED)
12. WARRANTY DEED FROM STEAMBOAT AMBLE DEVELOPMENT, LLC, A DELAWARE LIMITED
LIABILITY COMPANY TO A BUYER TO BE DETERMINED CONVEYING SUBJECT PROPERTY.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: F30031722-8
All of the following Requirements must be met:
NOTE: THE STATEMENT OF AUTHORITY FOR STEAMBOAT AMBLE DEVELOPMENT, LLC, A
DELAWARE LIMITED LIABILITY COMPANY RECORDED MAY 17, 2024 AS RECEPTION NO.
853126 DISCLOSES STEAMBOAT AMBLE MANAGEMENT, LLC, A COLORADO LIMITED LIABILITY
COMPANY AS THE MANAGER OF STEAMBOAT AMBLE DEVELOPMENT, LLC, A DELAWARE LIMITED
LIABILITY COMPANY AND THE FOLLOWING OFFICERS ARE AUTHORIZED TO SIGN ON BEHALF
OF SAID MANAGER:
HARRY H. FRAMPTON III AS PRESIDENT; CHRISTOPHER E. FRAMPTON AS VICE PRESIDENT;
JAY LAMBIOTTE AS VICE PRESIDENT AND SECRETARY; AND RYAN STONE AS VICE
PRESIDENT ANY OF WHOM ARE AUTHORIZED TO EXECUTE LEGAL INSTRUMENTS ON BEHALF OF
SAID ENTITY.
NOTE: ALL PARTIES WILL BE REQUIRED TO SIGN A FINAL AFFIDAVIT AND AGREEMENT AT
CLOSING.
NOTE: ADDITIONAL REQUIREMENTS OR EXCEPTIONS MAY BE NECESSARY WHEN THE BUYERS
NAMES ARE ADDED TO THIS COMMITMENT. COVERAGES AND/OR CHARGES REFLECTED HEREIN,
IF ANY, ARE SUBJECT TO CHANGE UPON RECEIPT OF THE CONTRACT TO BUY AND SELL
REAL ESTATE AND ANY AMENDMENTS THERETO.
Order Number: F30031722-8
ALTA COMMITMENT Old Republic National Title Insurance Company
Schedule B, Part II (Exceptions)
This commitment does not republish any covenants, condition, restriction, or
limitation contained in any document referred to in this commitment to the
extent that the specific covenant, conditions, restriction, or limitation
violates state or federal law based on race, color, religion, sex, sexual
orientation, gender identity, handicap, familial status, or national origin.
1. Any facts, rights, interests, or claims thereof, not shown by the Public
Records but that 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 encroachment, encumbrance, 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 the 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 of the proposed insured acquires
of record for value the estate or interest or mortgage thereon covered by this
Commitment.
6. (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.
7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or
in Acts authorizing the issuance thereof; (c) water rights, claims or title to
water.
8. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE
AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED
OCTOBER 5, 1907 IN BOOK 49 AT PAGE 65.
9. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET
FORTH AND GRANTED IN RIGHT OF WAY RECORDED DECEMBER 28, 1981 IN BOOK 553 AT
PAGE 672.
10. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET
FORTH AND GRANTED IN RIGHT OF WAY RECORDED JULY 12, 1983 IN BOOK 586 AT PAGE
343.
11. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE PLAT OF THE KNOLL RECORDED SEPTEMBER 03, 1998 UNDER RECEPTION NO. 498312.
12. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET
FORTH AND GRANTED IN DEDICATION OF EASEMENT RECORDED SEPTEMBER 20, 2000 UNDER
RECEPTION NO. 533314.
13. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN
IRREVOCABLE LICENSE AGREEMENT AND DEED RESTRICTION (STEAMBOAT GRAND HOTEL
CLOCKTOWER PARKING) RECORDED SEPTEMBER 20, 2000 UNDER RECEPTION NO. 533315.
ASSIGNMENT AND ASSUMPTION OF IRREVOCABLE LICENSE AGREEMENT RECORDED MARCH 7,
2007 UNDER RECEPTION NO. 653144.
Order Number: F30031722-8
ALTA COMMITMENT Old Republic National Title Insurance Company
Schedule B, Part II (Exceptions)
14. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER
CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE,
COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS,
DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET
FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID
COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN
INSTRUMENT RECORDED SEPTEMBER 20, 2000, UNDER RECEPTION NO. 533316.
15. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET
FORTH AND GRANTED IN EASEMENT AGREEMENT (AERIAL TRAMWAY) RECORDED APRIL 29,
2004 UNDER RECEPTION NO. 600980 AND QUITCLAIM DEED OF EASEMENT RECORDED
NOVEMBER 6, 2006 UNDER RECEPTION NO. 647560, AND ASSIGNMENT AND ASSUMPTION OF
EASEMENT AGREEMENT RECORDED MARCH 7, 2007 UNDER RECEPTION NO. 653143, AND
FIRST AMENDMENT TO EASEMENT AGREEMENT RECORDED JULY 25, 2007 UNDER RECEPTION
NO. 661066, AND AFFIDAVIT RECORDED DECEMBER 11, 2008 UNDER RECEPTION NO.
681117, AND ASSIGNMENT AND ASSUMPTION OF EASEMENT AGREEMENT RECORDED DECEMBER
31, 2012 UNDER RECEPTION NO. 733101 AND 733102, AND SECOND AMENDMENT TO
EASEMENT AGREEMENT RECORDED NOVEMBER 17, 2016 UNDER RECEPTION NO. 774486
16. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN
ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT PERMIT RECORDED MARCH 07, 2007 UNDER
RECEPTION NO. 653147.
17. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET
FORTH AND GRANTED IN GRANT OF TRAMWAY EASEMENT RECORDED DECEMBER 31, 2008
UNDER RECEPTION NO. 681999.
18. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET
FORTH AND GRANTED IN EASEMENT AGREEMENT (ACCESS TO DEVELOPMENT PROPERTY)
RECORDED DECEMBER 31, 2008 UNDER RECEPTION NO. 681998..
19. TERMS, CONDITIONS AND PROVISIONS OF MILL LEVY CAP AGREEMENT RECORDED
MARCH 27, 2024 UNDER RECEPTION NO. 852016.
20. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE PLAT OF FINAL PLAT FOR THE FIFTH SUPPLEMENT TO THE CONDOMINIUM MAP AND
PLAT OF THE STEAMBOAT GRAND RESORT HOTEL CONDOMINIUM RECORDED MAY 17, 2024
UNDER RECEPTION NO. 853121.
21. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN
IMPROVEMENTS AGREEMENT RECORDED MAY 17, 2024 UNDER RECEPTION NO. 853129
22. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET
FORTH AND GRANTED IN SIDEWALK MAINTENANCE AGREEMENT RECORDED MAY 17, 2024
UNDER RECEPTION NO. 853124
23. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET
FORTH AND GRANTED IN ACCESS, MAINTENANCE, COST-SHARING AND CONSTRUCTION
EASEMENT AGREEMENT RECORDED MAY 17, 2024 UNDER RECEPTION NO. 853119
24. (THIS ITEM WAS INTENTIONALLY DELETED)
25. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN
RECIPROCAL DEVELOPMENT COVENANT RECORDED MAY 17, 2024 UNDER RECEPTION NO.
853128
Order Number: F30031722-8
ALTA COMMITMENT Old Republic National Title Insurance Company
Schedule B, Part II (Exceptions)
26. COVENANTS AND RESTRICTIONS AS SET FORTH IN SPECIAL WARRANTY DEED RECORDED
MAY 17, 2024 UNDER RECEPTION NO. 853127
27. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN
AGREEMENT REGARDING FUTURE SIDEWALK MAINTENANCE RECORDED MAY 17, 2024 UNDER
RECEPTION NO. 853134
28. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER
CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE,
COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS,
DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET
FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID
COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN
INSTRUMENT RECORDED , 202 UNDER RECEPTION NO.
_.
29. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE CONDOMINIUM MAP OF THE AMBER RECORDED __ UNDER RECEPTION NO. __.
30. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON
OF THE FOLLOWING FACTS SHOWN ON ALTA/NSPS LAND TITLE SURVEY CERTIFIED DECEMBER
02, 2022 PREPARED BY LANDMARK CONSULTANTS, INC., JOB #2471-001:
A. FENCE LINES ARE NOT COINCIDENT WITH PROPERTY LINES.
B. ADJOINERS POND, SIDEWALKS, ROCK WALLS AND CONCRETE WALL EXTEND ONTO SUBJECT
PROPERTY.
SAID SURVEY STORED AS OUR ESI 41062711
Land Title Guarantee Company
Disclosure Statements
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
(A) The Subject real property may be located in a special taxing district. (B)
A certificate of taxes due listing each taxing jurisdiction will be obtained
from the county treasurer of the county in
which the real property is located or that county treasurer’s authorized agent
unless the proposed insured provides written instructions to the contrary.
(for an Owner’s Policy of Title Insurance pertaining to a sale of residential
real property). (C) The information regarding special districts and the
boundaries of such districts may be obtained from the Board of County
Commissioners, the County Clerk and Recorder, or the County Assessor.
Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents
received for recording or filing in the clerk and recorder’s office shall
contain a top margin of at least one inch and a left, right and bottom margin
of at least one half of an inch. The clerk and recorder may refuse to record
or file any document that does not conform, except that, the requirement for
the top margin shall not apply to documents using forms on which space is
provided for recording or filing information at the top margin of the
document.
Note: Colorado Division of Insurance Regulations 8-1-2 requires that “Every
title entity shall be responsible for all matters which appear of record prior
to the time of recording whenever the title entity conducts the closing and is
responsible for recording or filing of legal documents resulting from the
transaction which was closed”. Provided that Land Title Guarantee Company
conducts the closing of the insured transaction and is responsible for
recording the legal documents from the transaction, exception number 5 will
not appear on the Owner’s Title Policy and the Lenders Policy when issued.
Note: Affirmative mechanic’s lien protection for the Owner may be available
(typically by deletion of Exception no. 4 of Schedule B, Section 2 of the
Commitment from the Owner’s Policy to be issued) upon compliance with the
following conditions:
(A) The land described in Schedule A of this commitment must be a single
family residence which includes a condominium or townhouse unit.
(B) No labor or materials have been furnished by mechanics or material-men for
purposes of construction on the land described in Schedule A of this
Commitment within the past 6 months.
(C) The Company must receive an appropriate affidavit indemnifying the Company
against un-filed mechanic’s and material-men’s liens.
(D) The Company must receive payment of the appropriate premium. (E) If there
has been construction, improvements or major repairs undertaken on the
property to be purchased within
six months prior to the Date of Commitment, the requirements to obtain
coverage for unrecorded liens will include: disclosure of certain construction
information; financial information as to the seller, the builder and or the
contractor; payment of the appropriate premium fully executed Indemnity
Agreements satisfactory to the company, and, any additional requirements as
may be necessary after an examination of the aforesaid information by the
Company.
No coverage will be given under any circumstances for labor or material for
which the insured has contracted for or agreed to pay.
Note: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner’s policy commitments disclosing that a mineral
estate has been severed from the surface estate, in Schedule B-2.
(A) That there is recorded evidence that a mineral estate has been severed,
leased, or otherwise conveyed from the surface estate and that there is
substantial likelihood that a third party holds some or all interest in oil,
gas, other minerals, or geothermal energy in the property; and
(B) That such mineral estate may include the right to enter and use the
property without the surface owner’s permission.
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.
Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is
hereby given of the availability of a closing protection letter for the
lender, purchaser, lessee or seller in connection with this transaction.
Note: Pursuant to CRS 24-21-514.5, Colorado notaries may remotely notarize
real estate deeds and other documents using real-time audio-video
communication technology. You may choose not to use remote notarization for
any document.
Joint Notice of Privacy Policy of Land Title Guarantee Company Land Title
Insurance Corporation and Old Republic National Title Insurancy Company
This Statement is provided to you as a customer of Land Title Guarantee
Company as agent for Land Title Insurance Corporation and Old Republic
National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations
and the requirements of federal and state privacy laws. Information security
is one of our highest priorities. We recognize that maintaining your trust and
confidence is the bedrock of our business. We maintain and regularly review
internal and external safeguards against unauthorized access to your non-
public personal information (“Personal Information”).
In the course of our business, we may collect Personal Information about you
from:
applications or other forms we receive from you, including communications sent
through TMX, our web-based transaction management system; your transactions
with, or from the services being performed by us, our affiliates, or others; a
consumer reporting agency, if such information is provided to us in connection
with your transaction;
and The public records maintained by governmental entities that we obtain
either directly from those entities, or from our affiliates and non-
affiliates.
Our policies regarding the protection of the confidentiality and security of
your Personal Information are as follows:
We restrict access to all Personal Information about you to those employees
who need to know that information in order to provide products and services to
you. We may share your Personal Information with affiliated contractors or
service providers who provide services in the course of our business, but only
to the extent necessary for these providers to perform their services and to
provide these services to you as may be required by your transaction. We
maintain physical, electronic and procedural safeguards that comply with
federal standards to protect your Personal Information from unauthorized
access or intrusion. Employees who violate our strict policies and procedures
regarding privacy are subject to disciplinary action. We regularly assess
security standards and procedures to protect against unauthorized access to
Personal Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY
PURPOSE THAT IS NOT STATED ABOVE OR PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which
Personal Information may be disclosed. We may disclose your Personal
Information when you direct or give us permission; when we are required by law
to do so, for example, if we are served a subpoena; or when we suspect
fraudulent or criminal activities. We also may disclose your Personal
Information when otherwise permitted by applicable privacy laws such as, for
example, when disclosure is needed to enforce our rights arising out of any
agreement, transaction or relationship with you.
Our policy regarding dispute resolution is as follows: Any controversy or
claim arising out of or relating to our privacy policy, or the breach thereof,
shall be settled by arbitration in accordance with the rules of the American
Arbitration
Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Commitment For Title Insurance
Issued by Old Republic National Title Insurance Company
NOTICE
IMPORTANT–READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE
TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY
INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN
CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE,
LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF
TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE
TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY,
WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO
EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A
PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND
PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION
INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. .
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I–Requirements; Schedule B, Part
II–Exceptions; and the Commitment Conditions, Old Republic National Title
Insurance Company, a Minnesota corporation (the “Company”), commits to issue
the Policy according to the terms and provisions of this Commitment. This
Commitment is effective as of the Commitment Date shown in Schedule A for each
Policy described in Schedule A, only when the Company has entered in Schedule
A both the specified dollar amount as the Proposed Policy Amount and the name
of the Proposed Insured. If all of the Schedule B, Part I–Requirements have
not been met within 6 months after the Commitment Date, this Commitment
terminates and the Company’s liability and obligation end.
COMMITMENT CONDITIONS
1. DEFINITIONS (a)”Knowledge” or “Known”: Actual or imputed knowledge, but
not constructive notice imparted by the Public Records. (b)”Land”: The land
described in Schedule A and affixed improvements that by law constitute real
property. The term “Land” does not include any property beyond the lines of
the area described in Schedule A, nor any right, title, interest, estate, or
easement in abutting streets, roads, avenues, alleys, lanes, ways, or
waterways, but this does not modify or limit the extent that a right of access
to and from the Land is to be insured by the Policy. (c) “Mortgage”: A
mortgage, deed of trust, or other security instrument, including one evidenced
by electronic means authorized by law. (d) “Policy”: Each contract of title
insurance, in a form adopted by the American Land Title Association, issued or
to be issued by the Company pursuant to this Commitment. (e) “Proposed
Insured”: Each person identified in Schedule A as the Proposed Insured of each
Policy to be issued pursuant to this Commitment. (f) “Proposed Policy Amount”:
Each dollar amount specified in Schedule A as the Proposed Policy Amount of
each Policy to be issued pursuant to this Commitment. (g)”Public Records”:
Records established under state statutes at the Commitment Date for the
purpose of imparting constructive notice of matters relating to real property
to purchasers for value and without Knowledge. (h)”Title”: The estate or
interest described in Schedule A.
2. If all of the Schedule B, Part I–Requirements have not been met within the
time period specified in the Commitment to Issue Policy, Commitment terminates
and the Company’s liability and obligation end.
3. The Company’s liability and obligation is limited by and this Commitment
is not valid without: (a)the Notice; (b)the Commitment to Issue Policy; (c)
the Commitment Conditions; (d)Schedule A; (e)Schedule B, Part I–Requirements;
and (f) Schedule B, Part II–Exceptions; and (g)a counter-signature by the
Company or its issuing agent that may be in electronic form.
4. COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this
Commitment to add a defect, lien, encumbrance, adverse claim, or other matter
recorded in the Public Records prior to the Commitment Date, any liability of
the Company is limited by Commitment Condition 5. The Company shall not be
liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY
(a)The Company’s liability under Commitment Condition 4 is limited to the
Proposed Insured’s actual expense incurred in the interval between the
Company’s delivery to the Proposed Insured of the Commitment and the delivery
of the amended Commitment, resulting from the Proposed Insured’s good faith
reliance to: i. comply with the Schedule B, Part I–Requirements; ii.
eliminate, with the Company’s written consent, any Schedule B, Part
II–Exceptions; or iii. acquire the Title or create the Mortgage covered by
this Commitment.
(b)The Company shall not be liable under Commitment Condition 5(a) if the
Proposed Insured requested the amendment or had Knowledge of the matter and
did not notify the Company about it in writing.
(c) The Company will only have liability under Commitment Condition 4 if the
Proposed Insured would not have incurred the expense had the Commitment
included the added matter when the Commitment was first delivered to the
Proposed Insured.
(d)The Company’s liability shall not exceed the lesser of the Proposed
Insured’s actual expense incurred in good faith and described in Commitment
Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(e)The Company shall not be liable for the content of the Transaction
Identification Data, if any. (f) In no event shall the Company be obligated to
issue the Policy referred to in this Commitment unless all of the Schedule B,
Part I–Requirements
have been met to the satisfaction of the Company. (g)In any event, the
Company’s liability is limited by the terms and provisions of the Policy.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT (a)Only a
Proposed Insured identified in Schedule A, and no other person, may make a
claim under this Commitment. (b)Any claim must be based in contract and must
be restricted solely to the terms and provisions of this Commitment. (c) Until
the Policy is issued, this Commitment, as last revised, is the exclusive and
entire agreement between the parties with respect to the subject matter of
this Commitment and supersedes all prior commitment negotiations,
representations, and proposals of any kind, whether written or oral, express
or implied, relating to the subject matter of this Commitment.
(d)The deletion or modification of any Schedule B, Part II–Exception does not
constitute an agreement or obligation to provide coverage beyond the terms and
provisions of this Commitment or the Policy.
(e)Any amendment or endorsement to this Commitment must be in writing and
authenticated by a person authorized by the Company. (f) When the Policy is
issued, all liability and obligation under this Commitment will end and the
Company’s only liability will be under the Policy.
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of
issuing title insurance commitments and policies. The issuing agent is not the
Company’s agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma
policy illustrating the coverage that the Company may provide. A pro-forma
policy neither reflects the status of Title at the time that the pro-forma
policy is delivered to a Proposed Insured, nor is it a commitment to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the
Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option
of either the Company or the Proposed Insured as the exclusive remedy of the
parties. A Proposed Insured may review a copy of the arbitration rules at
http://www.alta.org/arbitration.
IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate
name and seal to be affixed by its duly authorized officers on the date shown
in Schedule A to be valid when countersigned by a validating officer or other
authorized signatory.
Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600
Denver, Colorado 80206 303-321-1880
Craig B. Rants, Senior Vice President
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued
by Old Republic National Title Insurance Company. This Commitment is not valid
without the Notice; the Commitment to Issue Policy; the Commitment Conditions;
Schedule A; Schedule B, Part I–Requirements; and Schedule B, Part II
–Exceptions; and a counter-signature by the Company or its issuing agent that
may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) 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.
References
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