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HomeMy WebLinkAbout1.04 Title Commitment,,_,,,..---·----·---. - . . . tJT\enwood $pr1'n.ss1 ~o KEEP IN FILE Commltment~agel Commitment Number: NCS-529173-CO _,,. DATE: June 07, 2012 -FILE NUMBER: NCS-529173-CO First American Title Insurance Company • NCS 1125 17th Street, Suite 750 Denver, Colorado 80202 Phone: (303)876·1112 Fax:(877)235·9185 MARKUP -PROPE~TY ADDRESS: 44761 & 44881 Highway 6 & 24, Glenwood Springs, CO OWNER/BUYER: /New Creation Church of Glenwood YOUR REFERENCE NUMBERl -ASSESSOR PARCEL NUMBERS: 212335200098 and 212335100099 PLEASE REVIEW THE ENCLOSED MATERIAL COMPLETELY AND TAKE NOTE OF THE FOLLOWING TERMS CONTAINED THEREIN: Transmittal: Revision No.: #1 Schedule A: New Effective Date and amend to reflect Endorsement only Schedule B • Section 1 Requil"!lments: Schedule B • Section 2 Exceptions: Should you have any questions regarding these materials, please contact First American Title Insurance Company National Commercial Services at the above phone number. We sincerely thank you fur your business. TO: TO: To: First American Title Insurance Company National Commercial Services 1125 17th Street, Suite 750 Denver, Colorado 80202 First American Title Insurance Company National Commercial Services · 1125 17th Street, Suite 750 Denver, co 80202 ECCU 955 West Imperial Highway, P.O. Box2400 Brea, CA 92822·2400 TITLE OFFICER: PHONE: FAX: E•MAIL: DELIVERY: ESCROW OFFICER: PHONE: FAX: E·MAIL: DELIVERY: ATTN: PHONE: MOBILE: FAX: (303)876·1112 (877)235·9185 E·MAIL Mej Ellsworth/Jail Jackson (303)876·1126/876·1137 (877)235-9185 mellsworth@firstam.com/jajackson@firstarr E-MAIL Lola castruita (714)671-5700 E·MAIL: lola.castruita@eccu.org DELIVERY: E·MAIL First American Title Insurance Company To: ALTA Commitment (6-17-0, ECCU ATTN: 955 West Imperial Highway P.O. Box PHONE: 2400 Brea, CA 92822·2400 MOBILE: FAX: E·MAIL: DELIVERY: • Commitment Page 2 Commitment Number: NCS-529173-CO Wesley Weingart Wesley.Weingart@eccu.org E·MAIL Arst: American Title Insurance Company ALTA Commitment (6·17·0' • Commitment Page 3 Commitment Number; NCS-529173-CO ALTA commitment Form COMMITMENT FOR IDLE INSURANCE Issued by First American Title Insurance Company First American Title Insurance Company, a callfomia corporation ("Company"), for a valuable consideration, commits to issue Its policy or policies of title insurance, as Identified in Sd1edule A, in favor of the Proposed Insured named In Sd1edule 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 d1arges and compllance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This 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 II ability and obligation under this Commitment shall cease and terminate six ( 6) months after the Effective Date or when the pollcy or pollcies committed for shall Issue, whichever first occurs, provided that the failure to Issue the pollcy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, First American lltle Insurance Company has caused its corporate name and seal to be affixed by Its duly authorized officers on the date shown in Schedule A. First American Title Insurance Company Dennis J. Gilmore President Timothy Kemp Se<:retary First American lltfe Insurance Company ALTA Commitment (6-17-0, • Commitment Page 4 Commitment Ntilnber: NCS-529173-CO ./ 1. COMMITMENT FOR TITLE INSURANCE FORM SCHEDULE A Effective Date: June 1, 2012 at 5:00 p.m. a. ALTA Owner's Policy (06-17-06) $None Proposed Insured: None b. ALTA Endorsement to Loan Policy (06-17-06) CW8628220 $1,217, 177 .oo Proposed Insured: Evangelical Christian Credit Union 2. The estate or Interest in the Land described or referred to in this Commitment is: 4. Fee Simple Tllle to the estate or Interest in the land is at the Effective Date vested in: New Creation Church of Glenwood, a Colorado nonprofit corporation The Land referred to in this Commitment is described as follows: See Exhibit "A" attached hereto and made a part hereof For informational purposes only: 44761 & 44881 Highway 6 & 24, Glenwood Springs, Colorado First American Tltle Insurance Company I ALTA Commitment (6-17-0, EXHIBIT A Commitment No.:· NCS-529173-CO • commitment Page 5 Commitment Number: NCS-529173-CO The land referred to In Schedule A Is situated In the County of Garfield, State of Colorado and is described as follows: Parcel 1: A tract of land situate In Section 35, Township 5 South, Range 90 West. of the 6th Principal Meridian, more particularly described as follows: Beginning at a point on the South right of way line of a County Road whence the Northeast. comer of said Section 35 bears North 42°23'02" East. 2~00.44 feet; thence South 01°30'32" West 509.61 feet to the North right of way line of U.S. Highway No. 6 & 24; thence along said right of way line the following 3 courses: 1) 327.13 feet along the arc of a 915.00 foot radius non-tangent curve to the right having a central angle of 20°29'03" and subtending a chord bearing North 75°35'22" West, 325.39 feet; thence 2) North 65°20'33" West, 532.00 feet; thence 3) North 24°39' 10" East 9.39 feet to the South right of way line of a County Road; Thence along said South right of way line the following 10 courses: 1) North 70°08'00" East 50.14 feet; thence 2) North 19°52'00" West 10.00 feet; thence 3) North 71°33'09" East 130.60 feet; thence 4) South 16°03'00" East 10.00 feet; thence 5) North 73°57'00" East 112.00 feet; thence 6) North 67°53'00" East 158.25 feet; thence 7) North 76°48'00" East 139.63; thence 8) North 75°55'00" East 40.86 feet; thence 9) North 74°40'00" East 96.31 feet; thence 10) South 81°06'00" East 116.45 feet to the Point of Beginning, County of Garfield, State of Colorado. Parcel 2: (Dairy Place) A tract of land situate in Section 35, Township 5 South, Range 90 West of the Sixth Principal Meridian, being more particularly described as follows: Beginning at a point on the North right of way line of Interstate 70 as described In Book 437 at Page 3 of . the records of the Clerk and Recorder of Garfield county, whence the Northeast corner of said Section 35 bears N. 08°553'38" E. 1886.26 feet: thence along said North right of way the following seven courses: 1) s. 42°59'00" W. 123.89 feet; thence 2) s. 43°08'30" W. 130.50 feet; thence. 3) s. 45°22'30" W. 295.00 feet; thence 4) S. 52°33'00" W. 289.50 feet; thence 5) s. 61°30'30;, w. 160.80 feet; thence 6) 392 feet along the arc of a 1085.90 foot radius curve to the right, having a central angle of 20°41'00" and subtending a chord bearing S. 75°49'30" w. 389.88 feet; thence 7) s. 73°38'30" W. 92.20 feet to the North right of way line of U.S. Highway No. 6 & 24 as described In Book 159 at Page 337; Thence along said right of way line S. 86°16'27" W. 330.40 feet; thence 126.07 feet along the arc of a Arst American Title Insurance Company .. ALTA Commitment (6-17-0, • Commitment Page 6 Commitment Number: NCS-529173-CO 915.00 foot radius curve to the right having a central angle of 07°53'40" and subtending a chord bearing N. 89°46'43" W. 125.97 feet; thence leaving said right of way N. 01°30'32" E. 509.61 feet to the South right of way line.of a County Road described In Book 100 at Page 246, Book 100 at Page 271, and Book 93 at Page 262; thence along the South right of way line as described in said documents the following 11 courses: 1) S. 81°06'00" E. 38.18 feet; thence 2) s. 82°02'00" E. 186.73 feet; thence 3) s. 77°02'00" E. 272.12 feet; thence 4) s. 75°08'00" E. 249.48 feet; thence 5) S. 89°19'00" E. 95.29 feet; thence 6) N. 78°17'00" E. 215.40 feet; thence 7) N. 62°04'00" E. 183.68 feet; thence 8) N. 61°32'00" E. 162.65 feet; thence 9) N. 56°29'00" E. 127.05 feet; thence 10) N. 44°13'00" E. 157.51 feet; thence 11) N. 61°30'00" E. 82.02 feet to the Point of Beginning, AKA Parcel B of Williams Trust Exemption Plat recorded October 1, 1987 as Reception Number 386362, County of Garfield, State of Colorado. For informational purposes only: APN(s) 212335200098 and 212335100099 --·---- Am. American lltle Insurance Company .. AL TA Commitment (6-17-0, • Commitment Page 7 Commitment Number: NCS-529173-CO COMMITMENT FOR TITLE INSURANCE FORM SCHEDULE B SECTION ONE REQUIREMENTS The following requirements must be met: OK 1• ok 2. OK 3· oK 4 · OK 5• ok 6. Pay the agreed amounts for the Interest In the land and/or the mortgage to be Insured. Pay us the premiums, fees and charges for the policy. Payment of all taxes and assessments now due and payable. Recordatlon of a Modification of the Deed of Trust from New Creation Church of Glenwood, a Colorado nonprofit corporation to the Public Trustee of Garfield County for the use of Ev;mgelical Christian Credit Union to secure an Indebtedness In the principal sum of $1,525,000.00, and any other amounts and/or obligations secured thereby, dated October 9, 2006 and recorded October 16, 2006 at Reception No. 709051. NOTE: Assignment of Rents in connection therewith recorded October 16, 2006 at Reception No. 709052. NOTE: Modification of Deed of Trust in connection therewith recorded March 7, 2008 at Reception No. 744140. Receipt by the Company of a Corporate ResolUtion executed by the officers of New Creation Church of Glenwood, a Colorado nonprofit corporation, authorizing the transaction herein contemplated and setting forth the names and authority of those authorized to sign for the corporation. Receipt by the Company of a satisfactory Final Affidavit and Indemnity, executed by New Creation Church of Glenwood, a Colorado nonprofit corporation. Arst American Tltfe Insurance Company oK oK ALTA Commitment (6-17-0, • Commitment Page 8 Commitment Number: NCS-529173-CO COMMITMENT FOR TITLE INSURANCE FORM SCHEDULE B SECTION TWO EXCEPTIONS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 5. 6. x Any facts, rights, Interests or claims which are not shown by the Public Records, but which could be ascertained by an inspection of the Land or by making inquiry of persons in possession thereof. Easements, or claims of easements, not shown by the Public Records. Discrepancies, conftlcts 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 records. Any lien, or light to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown In the Public Records. NOTE: This Commitment only reflects documents that have been recorded since the effective date of October 16, 2006 shown on Policy No. CW8628220 The effect of inclusions In any general or specific water conservancy, fire protection, soil conservation or other distlict or Inclusion In any water service or street Improvement area. Water rights, claims or title to water, whether or not shown by the public records. Existing leases and tenancies. NOTE: Upon receipt of the owner's Affidavit, this exception may be deleted. Release of Deed of Trust recorded september 16, 2008 releasing Deed of Trust that was recorded February 7, 2003 at Reception No. 620338 releasing Exception No. 33 of the policy Arst American Title Insurance ~mpany '. ALTA Commitment (6-17-0, ALTA 11 to Policy No. CW8628220 Tax Certification EXHIBITS statement of Charges $620.00 $ • Commitment Page 9 Commitment Number: NCS-529173-CO Arst American Title Insurance Company ALTA Commitment (6-17:0, CONDffiONS • Commitment Page 10 Commitment Number: NCS-529173-CO 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security Instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or Interest or mortgage thereon covered by this Commitment. other than tho5e shown in Schedule B hereof, and shall rail to disclose such knowledge to the Company In writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or If the Company othetwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve.the Company from liability previously Incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties Included under the definition of Insured in the form of policy or policies committed for and only for actual loss Incurred In reliance hereon In undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability Is subject to the Insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby Incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to Issue one or more title Insurance policies and Is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. s. The policy to be Issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or le5S shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org/. Arst Amertcan Title Insurance Company, ALTA Commitment (&-17·0' ••. ~:!. ~·. ··""... I '•¥? first.Americap ~ Prlvacylnfi>tmation We Are Committed W Saf$QU$rdlng Cultomec Itlformadon • Commitment Page 11 Commitment Number: NCS-529173-CO In Ol"der to better S!!!Ve YOUr needs now and In tfle futvre, we may ask you ta provide. us With cettitn tifonnaUon, we 11116efstand tllat yru may be caicaned aboot what we wm do with sudi bfOOnatlOO • parttculaliy any personal a-ll'naoctat !nformatkln. We agree that you have a right to know how w~ wrn uWtze the persona! lnfom'lat!oo yoo provide to us. ~ tnoetflel' with oor $1Jbsldlaties we have adopll!!d this Prtvacy Polley to govern the use amt handling Qfyoor persooal flfotnlaHoo. Appllcabllltv This PdWcy Policy go\'etn!i our use of the klformatloo that you provide to us, It does not oovem the manner Jn which we may use lnl'ormatloo we have obtained m.m all}' ether-source, wch as Information obtained fran a publk n:<XlfU or mm aoother person or entity, Arst Amerbn has also adopted tlfoader guldeilnes that govern our used personal lfltoonatton regardless a Its sooroa. Rm: ~n taffs these gulclellnes Its Fa!r lnroonatlon Values. Types of lltformation Depeldlng upoo which of our SefVltcs you ere utlllli'lg, the types of nonpubllc pe®nal lnfmnation that we may eollect: hdude: • 1nfomlatl0n we rece!Ve. fltm you oo eppllcatfoM, fOrms and In other coominkatlOOs tQ us, whetiler tl wrttmg, !n persoi1, by telephone or any odlel" means; • Jnfurmatb\ about your transactklns With us, our affil<lted wnpai'lles, or c(hers; and • lnformat!Orl we recetve fra1l a consumer~ aqency, UaeOftntonnatlon · We request i'Jformation from 'fOU for our OWl1 Jeglttmate buSloeS$ pmposes ood not fur the ba'leflt of any nonaffllfated party, Therefore, we \'di oot: release your lnfoonatlon to nonafflllated parties e:cept: (1) as necessary for us tn provide the product or service vou have requesred Qf us; or (2) as permitted by law. we may, however, wre such lnformatloo l~ltely, 11\dudlng tha perb1 alter" Which any customer reJatkmshlp has ceased. Such klbmatlon may be usat b any lrrtoola! purpose, SUdl u quallty o:ioW etfotts or custaner analysis. We may al$0 prcl'flde a!4 oftbe types i:I nonpublic personal lnfixmat!on listed abo\le to one or moro of our afflllat:ed companies. Such affi!latl:d <001pooles lnduda t!nandal sertk.e: ptovlders, sudl as title Insurers, property and casualty Insurers, and trust and lnVesbneot advlso!y companies, or rompanles Involved tn real estate seMC5, sueh as appraisal compank!S1 hOme wammty mmpanles and escrow companies. Fu~, wa may also provide all the lnfutmatlon we collect, as deso1lEd atme, to ampanles that perform mai*ettng servlo!s: on our behalf, on behalf of our affl!lated COOlp<l.n~ or tn other flnandal lnstltutiOlls With whan we or oor afflllared companies have jOlnt l'MOO!ting agreements. - f!otmer customers EVM lfyoo are no loooeroor rustocner, oor Ptlvacy Polley ri' amtlnue to appljl ro you, COnftdenttaHty and Security We wll! use our best efforts to e:tsure that no unauthortted parties have acce.ss to any of YolJt klfonnation. We restrict act2SS to noopubk persooal lnformatktn about yoo to those Individuals and entitles who need to know that Information tn pll)vlde products or seivlres ta you. We wm use oor best efforts to t:ralo and oversee oor mlploy!!eS and agents to oosure that yoor Information w!U be handled respons!bly and In accordance with this ?rt.racy Policy and Rrst Amerlcall's Fair Tnf'ormat!on Values. We currently rna!ntaln ph)'Sk:al, dectroolc, and procedural safeguards that canp!y with federal ffi!)ulat!oos to.guard your nonpublic personal lnfolmation. tnl'onnatkm Obtained Throuoti-Our Web Sfte First Ameri;an Fmancial C«poratlOo Is sensitive to privacy Issues on lf1e Iotemet. We ~leie It Is import3nt YoU koo.v hem Mi: treat the kl~ about you we receive oo the Int.emet. Jn oeneral, you can visit F1rst American or Its a!Tlllates' Web Sites Oil' the Wond Wide Web without ~!llQ us wtto you are or reveallng any lnformatloo about youn;:«r. oor Web ~ers a:ilect the doma!ll mmes, not the e-ma!I addresses, ot v!sltm. ll!IS lnfOITilat!OO 1$ aggregawd tn meawre the n1Jmber d vrsns, average ttne spent on the SIU!i pages Viewed and similar lnformatX>n. Ar.st Amertcan USl5 this Jnfotmatiai to rMasure the used O\lr stte and tn develop Ideas to mprove the. oontel'lt r:t our Site. 111«Ei all';I times, however, when we may need Information from you, such as your Mme and email address. When '1fonnation rs needed, we wm use our be::lt. etforts to kt yoo know at the timed o:.ilection how we wlll use the personal lnfunl'llltlofl, Usualty, the pooooal lnfotmatlon we collect 1$ use:i Oflf'/ by IJS to respond to your Inquiry, Pl'ClreSS an on1et ot allow you to ao:ess specific occuimttprollle lnfllmiatk>n, If you choose to share any persoo;il lnformauon with us, we WU! onty use It Jn acootdance wlll the polk:les outlried aboYe- Bull116SS Relationships · F1rSt:Amerlcan Flnandal COrporalion's site and Its affiliates' sites mav rontl!n l!Rks to ether Web sites. While we try tn Unit only to sites that Share oot hi';lh standards and respect for privacy, we are not responsible. fa the content Cl( the ~ ~ employed by tther sites. c-Sane of Fll"5t Alnerican's Web sib5 may m<lke use d "cookie" technology to measure sAe ac:tMtY and to OJstomite: k'lfumlation tu yoor pe;sonal tastes. A Cl>OMe .Is an eleTl(lOt of data that a Web site tan seOO to)'Ol.lf browser, whidi may tha1 store. the cookie on YoUt hard drt.oe. ~uses stored f'.'.ldles. The goal of this technology Is tD better serve yoo, when '11$11.fnO oot site, save yoo tme vdJen you are here ilJXf to provide you ~ 11 more meanflQful and productive Wfb Site~ Fair. Infatmadon Vafues Fairness We cooslder o::ruumet" expediJ!bls abolrt tl1eK prnacy In all our b~ We onty offer produc:tz and SEfVlces that assure a favcrabl4 balance Wween consumer beoetlts and oonsumer ,...,, .. Pul>lk: Reoord We believe that an open pub!lc record creates SIQ'nlfleant value fur .sodeJ:-1, enhances consume.r-d1Qlce. and crei;ite:S Q)ll$Umtr opportunity. Weacttvel)I support an open pub&: record and emphasizl! ltS tnportanre and aintributlal to our ecoriomy. use We believe we 5bould behave Te$Poflslbly when we use-lnl'orrmlUon about a~ In our business. We Will rbe( the Jaws goveml!lg the rollectlan, use and dts:sanlnatlon fJ data. Aa:\lfM:Y We wU! take reasooable ~ to help llSSUfe: the i!OOJracy of the data we colle.ct, use and disseminate. Where pass!ble, we wM take reasonable steps to corru:t fll!ICClJrate lo!'ormatklt1. When, as with the publle record, we cannot oonect Jnaa:uiclte lnforrnatkm, we Wiii ti*e all rta$0ilable steps to assist coo~ In Identifying the $0Urte Of the erroneous dalil so that the oonSUJl'll!f can secure the requfied cotmC1:1on.s, , - Education we endeavor to l!d~ the users of our products aoo services, oor Bllployees and others In our lndusby about the Importance of consumer privacy. we w!ll !nstr\lct our em~ ot1 our falr kifoonatlan values and on the responsl>le colled:loo and use of data. We w!M enoouraoe ottie-s ti OUI lndusQy to rollect: and LISI! lnformatbn In a responsible manner. Security We will mafntakl appropiiata fadlltles aod $YSle'ns to prmct against unatJthortl.Ed access to arict mnuptlon of the data we ITT<Mta!n. Fonn SO-PRIVACY (8/1/09) Page 1of1 Privacy Irifonnatfon (2001-2010 First American Anandal Cotporatlon) Arst: American Title lnsurance COmpany