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HomeMy WebLinkAbout1.0 Application10-20-2016 Garfield County Community Development Department Kathy Eastley, AICP 108 81h Street, Suite 401 Glenwood Springs, Colorado 81601 This letter is to request the merging of lot E54 and E55, also know as 0504 and 0534 West Diamond A Ranch Rd. Aspen Glen PUD. There are no utilities located between the two Tots, so we request to abandon the drainage easement noted on the plans. Thank you James A Dallman Kathleen Marie Schiavi 828152 12/06/2012 02:12:21 PM Page 1 of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $1 1.00 Doc Fee: $85.60 eRecorded SPECIAL WARRANTY DEED THIS DEED, Made this ( day of A,_..10 t)c.0. 1) �) k1°7, 2012 between Nationstar Mortga e, LLC � i of the County of 1 /C t t(f S and State of C �`+ ��S grantor(s), and James Austin Dallman and Kattrfeen Marie Schiavi whose legal address is 534 Diamond A Ranch Rd., , Carbondale, CO 81623 , grantee(s): WITNESS, That the grantor(s), for and in consideration of the sum of EIGHT HUNDRED FIFTY-SIX THOUSAND DOLLARS AND NO/100'S (5856,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee(s), his heirs and assigns forever not in tenancy in common but in joint tenancy, all the real property together with improvements, if any, situate, lying and being in the County of Garfield, State of COLORADO, described as follows: Lot E56, Aspen Glen Filing No. 1, According to the Plat thereof, Recorded April 6, 1995 as Reception No, 476330, County of Garfield, State of Colorado. State Doc Fe ___L also known by street and number as 534 Diamond A Ranch Rd., Carbondale, CO 81623 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee(s), his heirs, and assigns forever. The grantor(s), for himself, his heirs and personal representatives or successors, docs covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee(s), his heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor(s). The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor(s) has executed this deed on the date set forth above. SELLER: star Mortgage (C� . ./By. As: Lr\civ\� STATE OF ;Ujr l`,_Ct(L.., COUNTY OF } ss: The! foregoing int m�{,weaclmowkd$9d before me this day of l-�"v\V)�'1 , 2012 b I Y i Ci, 14 1 �i t :-.5<< - { foLk- as j.7 i 1,� for tions r ortgage, LLC \ Witness my hand and official seal, M C mmissione pires: 31/1L ( NOTARY ( ST r q ,n SPWDJT! Flit No. 00033461 879972 07/20/2016 11:36:02 AM Page 1 of 1 Jean Alberico, Garfield County, Colorado Ree Fee: $11.00 Doc Fee: $20.00 eRecorded 111111111111 111111111 1111111111111 Warranty Deed (Pursuant to 38-30-118 C.TLS.) State Documentary tee Date: July 26, 2016 S 20.00 THIS DEED, made on .luny IB, 2016 by PEGASUS DEVELOPMENT & INVESTMENT CO., A COLORADO CORPORATION Grantor(s), of the County of ARAPAHOE and Starr of COLORADO for the conskderadon of (3200,000.00) *w Two Hundred Thoustutd and 001100 *00 dollars in hand paid, hereby sells and conveys to _TAMPS A. DALLMAN LIVING TRUST AND KATHLEEN MARIE SCHIAVI TRUST Grantee(s), whose street address is 534 DIAMOND A RANCH ROAD CARBONDALE, CO 61623, County of GARFIELD, and Stint of COLORADO, the following real property in the County of Garfield, and Stare of Colorado, to wit LOT E-55 A5FEN GLEN FILING NO. 1 ACCORDING TO TME PLAT THERE OP RECORDED APRIL 6,1995, AS RECEPTION NO. 476330. COUNTY OF GARFIELD STATE OP COLORADO also known by street and number as; 504 W DIAMOND A RANCH ROAD CARBONDALE CO 81623 with all its appurtenances and warrants tie title w the same, subject to general taxes for the year 2016 and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Grantee(s) r8 accordance with Record Title Matters (Section 8.2) of the Contract to tatty and Sell Real Estate relating to the above described real property; distribution utiiiei easements, (including cable TV); those specifically described rights a (third parties not shown by the public records of which Granites) has actual knowledge and which were accepted by Grantee(s) in accordance with Off -Record 711de Matters (Section 8.3) and Current Survey Review (Section 9) of the Contract to tatty and Sell Real Estate relating to the above described reql proper; inclusions of the Properly within any special tax district; and other NONE PEGASUS DEVELOPMENT & INVESTMENT CO. A COLORADO CORPORATION MARIUS SANGER, PRESIDENT State of COLORADO County of GARFIELD LAURIE J. CRUZ-FOrrER NOTARY PUC STATE OF COLORADO My WaalonNovo/ ID20054030403r 4.2017 The foregoing instrumern was acknowledged before me au this clay of July 18, 2016 by MARIUS SANGER, PRESIDENT FOR PEGASUS DEVELOPMENT & LNVL S'1MENE CO.. A COLORADO CORPORATION Nota Ptihl My COLnmission Expires *La 101 When Recorded Return to: .LAMES A. DALLMAN LIVING TRUST AND I[AT LEEN MAItiE SGiiIAVI TAUST 534 DIAMOND A RANCH ROAD CARBONDALE, CO 01623 Form 13084 0112011 wd.odt Wanunty Med (Photographic) GW43410922 {25658048) rti daMAY}N dd . 11 . 5799-71 07/20/2016 11:36:02 AM Page 1 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $16,00 Doc Fee: $0.00 eRecarded II 11111111! 111111111 11111 JJH 1111 STATEMENT OF AUTHORITY (38-34-172, C.R.S.) 1, This Statement of Authority relates to an end'? named KATHLEEN' MARIE SCHJAVI TRUST 2, The type of entity's a: Corporation Nonprofit Corporation Limited Liability Company General Partnership Limited Partnership x Regtatered Limited Liability partnership Registered Limited Liability limited Partnership Limited Partnership Association Government or Governmental Subdivision or Agency Trust 3. The entity is footed under the laws of COLORADO 4, The mailing address for the entity is 534 DIAMOND A RANCH RD, CARBONDALE, CO 8182 5, The X name X position of each person authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity is KATHLEEN MARIE SCHLAVI, TRUSTEE 6, "lite authority of the foregoing persons) to bind the entity: is2 not limited is limited as follows: 7. Other matters concerning the manner in which the entity deals with interests in real property: 1). This Statement of Authority is executed on behalf of the entity pursuant to the provisions of §38-30-172. S. This Statement of Authority amends and supersedes in all respects any and all prior dated Statements of Authority executed on behalf of the entity. (Signature and Notary Acknowledgment on Second Page) Tbis form should not be used unless the entity is capable of holding title to real property. ' The absence of any limitation shall be prima Facie evidence that no such limitation exists. ' The starerneni of authority utast be recorded to obtain die benefits of the stature, 1 arm 13759 03!2045 soa-odt GW63410922 f2505811140 pg 1 of 2 879971 07/20/2016 11:36:02 AM Page 2 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $0.00 eRecorded CCIl Executed this day of URJ. CRUZ -POTTER NOTARY PUBLIC STATE OF COLORADO MytarApre 10 mission �r A. 2017 State of COLORADO )ss County of GARFIELD The foregoing instrumentwas acknowledged heftily pip this _ _day of 2-b h KATHLEEN MARIE SCHIAVI AS TRr1SThi OF THE KATHLEEN MARIE SC� TRUST Y LEEN MARIE SCHIAVI, TRUSTEE Witness nay hand and official seal. Mycommission expires - WHEN RECORDED RETURN TO: KATHLEEN M scIRAVI 534 DIAMOND A RANCH RD CM ONAALt,COal623 LAURIE J. CRUZ -POTTER NOTARY PUBLIC STATE OF COLORADO NOT11RY iD 20p540364$3 IY Ocalm1eel4rt Eacfres Noutimber 4, 2017 Form 13759 031'2005 soa.odt GW93010922 {2565M461 pg2 of 2 1111 F. 61111feilkl4ii rli.10"K:lll`111PCIAf1iIiii 11111 Receptiantt: 835324 DWO5f2013 01:20-19 PM Jeah Alberlco 1 of 1 Ree Fee $11 00 Doc Fee 0 CO GARFIELD COUNTY CO STATEMENT OF AUTHORITY AS TO REAL PROPERTY (Pursuant to C.R.S. § 38-30-172) This statement of authority is made by this trust in accordance with G.R.S. § 38-30-172• for the purpose of providing evidence of the existence of the trust named herein, and for the purpose of conveying, encumbering or otherwise affecting title to real property on behalf ofsaid trust. 1. The name of the trust is THE JAMES A. DALLMAN LIVING TRUST 11, The trust is a revocable living trust formed pursuant to Colorado law. [1I. The trust's mailing address is 534 Diamond A Ranch Rd., Carbondale, CO 81623, fV. The name and position of' the person authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the trust is as follows: Name: James A. Dallman Position: Trustee Executed this 2b day of p141 , 2013 THE JAMES A. DALLMAN LIVING TRUST Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION • Minor Subdivision ❑ Preliminary Plan Amendment Major Subdivision Final Plat Amendment • Sketch ❑ Preliminary • Final 0 Common Interest Community Subdivision Conservation Subdivision ❑ Public/County Road Split Exemption ❑ Yield ■ Sketch ❑ Preliminary ❑ Final 0 Rural Land Development Exemption ❑ Time Extension ___ _ INVOLVED PARTIES Owner/Applicant-3A SLS �Wt,ti s Name: It +� Craj 1 Mailing Address(J : 51 biAL&t.ori City: C60,IU cQ E-mail:4A 4,N Dawav ✓) Ph ne: ( 611 O) —14.0 State: CO Zip Code: ea lb 1-3 44. sos•Lk. Representative (Authorization Required) Name: Phone: ( Mailing Address: City: State: E-mail: Zip Code: PROJECT NAME AND LOCATION Project Name: Assessor's Parcel Number; 2, 3 cit. 3- 2 0 3- Q - Q S! Physical/Street Address: .63i Zij/kw.O JO j j 11 Legal Description: .i.') &t P.L. 6- I_ L -`t` - s'6 Zone District: t. Property Size (acres): ?bra- L 23q 3 -- 2.03-- o) 5 o4 0) tiD A c44.1/0 G60CI- &L -}E -SS Project Description Existing Use: i Proposed Use (From Use Description of Project: Table 3-403): i , L,,, Li..) a -s- S' A - I,',.a k) -1� Proposed Development Area Land Use Type # of Lots T # of Units Acreage Parking Single Family Duplex Multi -Family Commercial Industrial Open Space Other _ Total REQUEST FOR WAIVERS Submission Requirements gi The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: 4--2.0 ApizidfaterciUM Section: Section: 4—i. (Abd Ts Section: Waiver of Standards ❑ The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. ature of Property Owner Date OFFICIAL USE ONLY File Number: - Fee Paid: $ Garfield County PAYMENT AGREEMENT FORM 1 f GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") ,411.4‘112.S. LIMA) agree as follows: 1. The Applicant has submitted to the County an application for the following Project: Lei-1�:i f t- 4C0 1:141.11.44. G-14 4/ 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. 1 hereby agree to pay all fees related to this application: 1 B illing Contact Person: T Lt � i - Au Phone: C410) iii -41 t'q B illing Contact Address: -54 0)(444.4,04)a_ City: c jo State: Ci.,9 ZIp lb?3 Billing Contact Email: . Vtre..L I Q,f,LV)11a.0 6-ifyi Z C.t3eiV► Printed Name of Person Authorized to Sign: 41)NA V21 01- 2 -- (Signature) (Date) Land Title Guarantee Con pally Date:Augurst 09, 2016 .JAMES A OALLMAN LIVING TRUST AND KATHLEEN MARIE SCHIAVI TRUST 534 DIAMOND A RANCH ROAD CARBONDALE, CO 81623 jainesadailman©gmail.com,kathy@sopris.net sopris.net Subject: Attached Title Policy OX63010922.1798813 for 504 W DIAMOND A RANCH ROAD, CARBONDALE, CO 81623 Land tteN ial:ARelt!MIX {{TtiFFAN Enclosed please find the Owner's Title Insurance Policy for your purchase of the property listed above. This title policy is the final step in your real estate transaction, and we walit to take a moment to remind you of its importance. Please review all information in this document carefully and be sure to safeguard this policy along with your other legal documents. Your owner's policy insures you as long as you own the property and requires no additional premium payments. Please feel free to contact any member of our staff if you have questions or concerns regarding your policy, or you may contact the Final Policy Department at Phone: 303-850-4158 or Email Address: finals a@ltgc.com As a Colorado -owned and operated title company for over 45 years, with offices throughout the state, we take pride in serving our customers one transaction at a time. We sincerely appreciate your business and welcome the opportunity to assist you with any future real estate needs. Not only will Land Title be able to provide you with the title services quickly and professionally, but you may also be entitled to a discount on title premiums if you sell or refinance the property described in the enclosed policy. Thank you for giving us the opportunity to work with you on this transaction. We look forward to serving you again in the future. Sincerely, Land Title Guarantee Company I f * SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE 6 itt AND I -HE CONDITIONS, OLD REPU8LIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, (the c rrpany"), insures, as of Dale of Policy and. to the extent stated in Covered Risks 9 and 10, after Dale of Policy, against loss Or damage, not exceeding Ih,i AVIO1J141 of Insurance, sustained or incurred Icy the Insured by reason of: 1. tele hereg vested other that as staled in Schedule A. 2, Any defect in or lien or enrumhrallce on the title; This covered Risk includes but is not limited to insurance against loss Iron (a) A detect In the Isle causer) by (i) forgery, fraud, undue influence. duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have aulhorit..ed a transfer or conveyance; (iii) a document aflecIing fele not pi -Wetly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform these acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power sf attorney; (vi) a document not r'roperly filed, ecorded, or indexed in the Public Records including failure 10 perfotrn those acts by electronic means aUth❑rized by law; or (vii) a defective judicial or administrative proceeding. (ll) The lien of real esintc taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid, (r.) Any encroachment, encumbrance. violation. variation, or adverse circumstance affecting the Title that would be disclosed by an accurate end creriplete land survey of the Land. The terns "encrnachment" includes encroachments of existing improvements located on the l.iind onto adjoining land. and encroachments onto the land of existing improvements located an adjoining land. e, Unmarketable Title. 4. No right of access to and from the Land. e. -r lie violation or enforcement of arty law, ordinance, permit, or grnrtnmental regulation (including diose relating to building and toning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use or enjoyment of the Lnnd; (11) the character, dimensions, or locnti0n of any improvement erected on the Land; (c) the subdivision of land; or (d) erwirarimenlal protection if a notice, describing any part o11he Land, is recorded in the Public Recaids selling forth the violation or intention to enforce, but only to the extern of the violation or enforcement referred to In that notice. 0. An erlforreITlent action based on the exerciee of a governmental police power not covered by Covered Risk 5 if a nonce 001 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 eubllc Records. H. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. e. Title being vested other than as stated in Schedrile A or nein defective (a) as a result of the avoidance in whole or in parr, or from a coup order providing an alternative remedy, of a transfer of all or any part of the Idle to or any interest in the Land occurring prior 10 the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, stale insolvency, or similar creditors' rietes laws; or (b) because the instrument of Transfer vesting Title as shown in Schedule A constitutes a preferential transfer udder federal bankruptcy, state insolvency, a similar creditors' rights laws by reason of rhe failure of its recording in the Public Records (1) to be timely, or (ii) to impart notice of its exieler ee to a purchaser for value or to a judgment or lien credilar 10, Arty defect In or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 Thar has been created or anached or has been filed or recorded in the Public Records subsequent to Dale 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, bul only to the extent provided in tee Conditions. OLD REPUBLIC NATIONAL. TITLE INSURANCE COMPANY a Stock Company issued through the Office oh 400 Second Avenue South LAND TITLE= GUARANTEE COMPANY Minneapolis, Minnesota 55A�Z s12) 371-1111 3033 E 1ST AVE #600 DENVERC080206 %,ti►rrr,, 303-850-4166 OWNER'S POLICY OFTITLE INSURANCE ANY NOTICE OF CI AIM ANC/ ANY OTHER NO110E OR sTAteMeNT IN WRITING REQUIRED TO 13E GIVEN TO 7HE COMPANY *UNI]ER [HIS POLICY MUST 13E 01 VON10 1 HE COMPANY AT 71-iE ADi7RES5 SHOWN IN SOCTLON 113 OF THE CONDITIONS. -COVERED RISKS •.. a * * •,0. 4 'I f, -(7:2'>:'�h"t'Y`: f 7 ; �? w T *[ Mark Bilbrey, President John E. Prayer. President * * * O 91 f-_ +, d�s'70 )...t1' ,,." i` ,.'• fande Yeager. Secretary 'rfirl,,,,' Copyright 200.2015 American Land Ttle Association, All rights reserved. The use of this 1❑rm is restricted to ALTA licensees and ALTA members in good standing asof the date el use. At other uses are prohiblletl. Reprinted under license from the American Land Tale Assecietiah, AMERICAN LANE) TITLE ASSOCIATION OWNER'S POLICY Adopted 6-17-06 aa.06.poliey,pgl,0rt.odt AMfr IUCAN LAND TITLE ASSOC IAT ION EXCLUSIONS FROM COVERAGE i it+. +rlrui I rlril{ers are expressly exelteled Imo! the ccvcinge 01 11111.3 rvAity,. and the Coil )pally will nut city tosser damage, tosls, attorneys+ fees, or expenses lh+tl arise by ri:lson ot'. 1 .er4.. law. ereinence, permit, 4ovontmr+oval rr+gulnlr4n (itlt:iuding Mose rer.aiirly to L ii kItnij anti zoning) fesitiraing, regulating, prohibiting or rekrting to (I) rhe tx:t:upancy, use, or enj❑yiirele ut 111e Lar el: (ii) the creme/er, dimensions, or location of tiny IIPptuveinen' erected on the lend: (Iii) the subdivision of land; or (iv) environmental protection; of the ebeta or any violation of these rows, ordinances. of governmental regulations, This Exclusion 1(0) does not muddy bt limit Ilse coverage provided underCUvefed Risk 5. Vin) Any (.10Vbmmenifil psora power. This Exclusio i 1(b) doer nut modify or limn the coverage provided wider Covered Risk B- 1 "rghts of eminent domain. This Exclusion does not modify or 4inlit the coverage provided under covered Risk 7 or B. i'.ereeer hens, encumbrances, AdVetse Claims, or other malrPI i (rr) r1Ortletl, ru11ered, assumed, or agreed to by the insured claimant; (h) not Known to the Company, not recorded in the Public Reoeels al Dile of Policy, but Known to the Insured Claimant nod not disclosed in writing le the Cowpony by the Insured Claimant prior to the date the Insured Claimant became an invited under this policy; (c:) resulting in no loss of damage to the Insured Claimant: (d) tirlaching or Created subsequent to Date of Policy (however, this does r it modify cu limit the coverage provided under Covorad Risk 9 and 10); or re) resulting in loss or dumnge that would not have Veen suslailied tl the Insured Clttim4lt had paid value rot 111e TIIIe, a 1. Any claim, by reason of the operation of federal bankruptcy, state insolvency. or similar creditors' rights laws, thfal the transaction vesting the title as shown echeduleA, i5 (n) a fraudulent conveyance of fraudulent transfer; or (h) ii f}refereatiel Irfinslef for any reason nut staled In Covered Risk 9 of this policy. Any lien 011 tate Toile for teal estate laxer or asse,Rntenls imposed by governmental authority and Created ar attaching between Date of Policy altd the date uI recording of the deed or outer instrument of transfer to the Public Records that vests ride as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS I'#le Iriltowiriq terms when used in osis policy mean: (n) "Arncunt 01 Insurrtnce`: I'h am❑ulil Meted in 5tnednleA, CIS they be Increased or drxrreased by endorsement to this policy. increased by Section efb} nr ilecieesed by Sections tt1 And 11 of these Conditions - (b) "Dade of Policy": 1 Ire date designated as "t' ale of Relicy" m Schebute A, 1r,) `Entity': A commotion, partnership, trust, limi ed Gabduy company. nr cosier similar legal entity. fit) 'Insured': rho insured named in Schedule A, (1) The term "Insured" rr(10 includes {A) successors to the T1tle of the h inured by operation of law ns distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next al kin; (L3) successors to an Insured by dissolution. merger, consolidation, dislribulien, ar rl+organizaticn; (C) successors to ail Insured by its Conversion to another kind of Entity; (h) a grantee oI an Insured under n deed delivered without payment of actual valuable consideration conveying the Title (1) II the stork, shares, memberships, or other equity interests of the grantee are whollyowned by the Warred Insured. (2) it the grantee wholly owns the named Insured, (3) it the grantee is wholiy❑wrled by anti affiliated entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beheticiaty of a trust waled by a wetter) instrument established by rhe Insured named in Schedule Afor estate planning purposes. (i1) With regard to (A), (l3), (C), and (1)) reserving. however, alt rights and defensed as to any successor that the Company would have had against any predecessor Insured, to) Insured C;Isiniant": An Insured claiming tosser damage. (f) 'Knowledge" or "Known": Actual knowledge, nol constructive knowledge or notice that may be imputed to an Insured by teason of the Public Records Or any Other records that impart constructive notice of matters affecting the Title. (g) "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 tines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenue, alleys, Innes, ways, or waterways, but this does nor modify or limit the extent that a right of access 10 and tram the Land is insured by this policy. (Ir) "Motigage"; Mortgage, deed of trust, trust deed, or other security instrument, including ono evidenced by electronic means authorized by law, (1) "i°liblic Records': Recotds established under state statutes at Date ❑t Policy for the purpose of imparting constructive notice or matters relating to real property to purchasers for value and without Knowledge, With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens bled in the records of the clerk of the United Slates District Court tut the district where the Land Is !orated. (j) ^title The estate or interest described in Schedule A. 'Unmarketable Title 'f itis affected by an alleged or apparent merle! That would permit n prospective purchaser or lessen of the Title or lender on the Title 10 be released) from the obligation to purchase, lease, or lend if there is a contractual condition tequeing the delivery of marketable title. 2. CONTINUATION DF INSURANCE The coverage of this policy shall continue in knees of Dale of Policy in fervor of an insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by e purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title, This policy shall not continue in torte to savor of any purchaser Iron the Insured of either (1) an estate or iateresl in the Land, or (ii) all obligation secured by a purchase money Mortgage given to the Insured, 3. NOTICE DF CLAIM TO BE GIVEN BY INSURED CLAIMANT the Insured shall notify the Cornpany promptly in writing (I) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Tdle, as insured, and that might rouse loss of damage for which the Company may he Fable by virtue of This policy, or (iii) if the Title, as insured, is rejected as unmarketable Tflle. 11 the Company is prejudiced by the failure of the insuted Claimant to provide prompt notice. the Company's liability to the insured Claimant under the policy shall he reduced to the extent of the prejudice_ 4. PROOF OF LOSS n the event the Company is unable to determine the amount of loss at tlsrnnge, the Company rnay, at its option, require as a condition of payment that the Insured claimant furnish a signed proof of loss. Tile proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of lass or damage and shall stale, to the extent possible, the basis of calculating the amount of the loss or damage. 5, DEFENSE AND PROSECUTION OF ACTIONS (a) Upnn written request by the Insured, and subject to the options contained In Section 7 of these Condhions, the Company, at its own cost and without unreasonable delay, shall provide far the defense of an Insured in litigation In which any third party asserts a claim covered by this policy adverse to the insured, This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel el its choice (subject la the right of the Insured to object for reasonable cause) to represent the Insured as lc those stated causes of action. It shall not be liable tot and will net pay the tees of any other counsel, The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes 01 action that allege mntters rot .!bailed again-4 by 11113 jural,'_y ,b} i he Company shalt flaw! ala rgrt. in +,a1L11C11 iU Ilia Pfl1l011s rnlrlrinetl In :,i'rel'Jo 1 uI ll n; ,> {'r„,.Jilfrii . Ia;ly Whirl 1Y1.71, 10 irnutut'. 111}H pinrr+tluli: rely action of piiitrrdil,cJ ur to CIO any dtlt,?r act Om 111 St ai1111inrr may h0 11Pcessnry or dew/stile its,n.,::llilia 11 :+'l! 1 tis, its IIe5111i'll, r+1 Eu I-rrvwrll or radur:a loss+ir damage to the ;ironed Tie C20rnpnny may take ally rtttln0iiri41e attutn trhdci the ler+n5 of this (rc,liuy, .a11ul1aor In 1.:rt it tiling► b': Ih,liie tO the Miami. Ti Er, r:ner,,154 or these rights stunt +UM be an firhnlssinn of liability or raur1-1 or any provision 01 this poi},;y,11 liar Can111dtry'ravielsi;s rights andel nus subsection, it roust I❑ Fri ctii 1l 11lly. (I_) 1AlherleVtr the Corrlparly brings an action u::asserts ri defense as required tilt p'!i m,dra l Ily LIEih policy, die C r:ini erly lnriy pursue the lililfn:ion to a final deteiminalion !ry a coon u[ con,pelenl juri5d,c+fall, troll i' ellple551y reserves the right, in its stare destiefiaa, lo app0,31 any Hdvrrse p:l1Umenl nr Muer, G. DUTY OF INSURED CLAIMANT TO COOPERATE (t;J In 011 Cases witch, 11115171$lu1v permits nt rvslaues lilt Campa►ly 10 JtrOlartlrt! 111 11100011 !11' OW- Jl+tenso cul any n4Cti.SFl 111 pr❑ceediniJ oral ntly apllertIS, Ih1' lilsurr t shall secwe I0 die Company 111e radii to su prn5ecute ur pIovittii delemse in the itcticin sir 'ncc,_, wing, including the right lo use, 01 its opliun, the name 01 tele insured for this punpuse L'lh itever ieefiia71nr1 by the COrllpul,./ 111e ',Mired. at the Cori Ipaily's crew tic . 41,411 give riie company a!I reasonable r1t11 (1) in SUMO/ lg evidpncd, ob11#u1ing witnesses, prosecutil1LJ or tleterulfllg ill, Et+'limn or preceeding, pr erleclillg settlement, and (i1) 111 any n11101 i whit 1#rl Ilva rn the opinion of the C:nnlprthy may be nneesulliy or d,:sitaltte to establish) 1111: late or any other nlarlef as insured_ 11 the company i'3 prejudiced by Elio taiInln 01 the Insured to furnish Me required cooperation, toe cunlpany's nb1i11atiurl (0 the Insured under 11 ie pati y shall Ietnitnale, including any fiabliity 01 obligation to defend, plasecnie. or continue any Litigation, wi111 regard 10 Ow menet or !natters rrequiring 510(1 CoOpera;iun. ib) /lie Company may 1eas0rlrtbty require 11'e learned rinimant to subnin to marainrlt;un under oath by any authorized repreSrn(aliva of the Company anti to pronuc_e for ,lxeinlltation. inspection, aria rxllyinl}, alt suit] leas0nattll: times and plaices as may he der'iipiuiori by tire nualorized lepresentalive 0f she Company, all records, in •,Aietrivor median, maintained, including Vooks. ledge's, . hocks, memoranda, torres; oruto!Ic. repairs. e-moils, disks. topes, and videos vrhetlter (rearing a date bet❑re ur L11r5; Date nt Ytllicy, drat reasontthly pelmet b the Inas 131 elilmagr-, f uraler.11 s'quoadi'd by ring ahlth0raed representative of file Comparty, the Insured Claimant shall grab. its permission, in writing. kit tiny avdlulizetl reptesetltaiive 01 the Company to examine. inspect, and ropy all of these records in the custody or control of a third early diet reasOilrnbly purloin iu 1410 Io -u 0t cfnnmtje- Alt itrtnlmation de5ignnlrre rL5 confidential by the Insured Claimant tilovaIed 1❑ the Company pursuant to d1i5 Section :,lull) not he disclosed 10 others hnle-4, in the reasonable judgment al the Con 1priny. it i5 necessary Irl the administration ill II1e claim. Failure ill apo insured Claimant io tiadtiilll for examination unttrer 0icnl produce any;earanably requestnll information, al grant pellliisiioIi to secure reasonably necessary information from third Iiilrlies 115 i, Ir111iled in this uUI t00luin, unless puthibited by Ino el gjuvkrnmental regulation, meal Ieuninale any liability nt the Company under this policy ns ib Ill&L& Cltllnl. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; 'TERMINATION OF LIABILITY iu !rine of at:Inim under this latilicy 11 ie Company shad have the fullowntg additional Onniels: (a) To Pay 01 Tender Payment al the Amount ui 105in:ince- Tn pity ci lei Wei payment nt the Amount nr Insrlftwe.e under this policy together with any outs, attorneys' lees, and expenses incurred by the hisured CIauna111 1119.1 Caere 1ut111CM.t1 til 11y the Company up to ale lime of payment or teliri,ir et payment and dial the Company is obligated to pay. Upon the exercise by rhe Cornpany of dhts Dillon, all liability and obligations 011112 Company to the livened !irate' this fialiGy. whet than to ninko the pEtyinen!. tequittd ill the $tibsel:tign, sh❑ll terminate, including any trablliry or obligation to delertd• prosecute, ur continue any litigation. (I,tj To Pay or Otherwise Seale With Parties Oilier rllall the insured 01 With the Insuierl Claimarnt. (i} In pay ur utr(C:it iso settle %vial other patties fur in ill Il10 011111 of an IncI'Iu 1 Claairpiwi p11y claim Insured lttainst under lhli. policy. Ili addidoli, the romp/111y Lill pay any !osis, aliorrleys• lees, :mit enponses incurred by the hlsureti Cllwui int diet We1e auLliorioed by Ilse Company up 10 Iho nolo 01 payment rind that the Cnrnpnny is obligated Irl pay; 01 {II) 1❑ pay itr r11he,wi8e settle with the insured Clairlutnt ilie Iritis al damage provitiod inr under Illus iluticy, together 1•iidl any 00545, nitntrr'i'y,' Ices, anti exam ised moaned by llhe Insured Claimant That vitae authorized by the Company up le the time of payment and Mat the Gquli,.li nbligrited 1❑ pay'. Upon die exercise by the Company ❑I either of the options pIuvidutl tort in subsections (b)() 0I (n), lite Company's obl,gali❑ns 1e the Insured undid 11415 I1❑hGy I01 that claimed loss or damage, 0t1ie1 than II1e payments ro_luited to be made, shall terminate, including any Iiabihty ur Obligation Iu dulFtlld, plusecute, or continue any liligeti❑n, Is. DETERMINATION ANO EXTENT OF LIABILITY this policy is a Cunlnlct 01 indemnify against actual mot terrify loss ❑r damage Sir;.t0uran u1 ii cunod by ale 1051110cl Claimant who Iles sltllererl IAssar damage by reason of masleis insttrot) nyaInst by tlii5 paliCy: (al The extern 01 AHbtllly of the Company tar loss or damage under this policy shall not exceed the 105501 nt (01111e Amount of Insurance; 01 (ii) Ilia ditlulela:u between the value 01 the Title as insured and tie value Di She Title Willed to the tisk insured against by tris policy. (b) 11 tie company pursues its tights molter Section 5 0f these Conditions and is unsuccesstul in establishing Ilse idle., as mitten. (i) the Amount 01 Insurance shall be increased by 10113, and (11) the rosined claimant shall have 111e right In have titin toss 01 damage determined either as of the date the claim was nlarte by the Insiired Claimant ur as of the state it is Settled and paid, (e) In pdditi❑n 10 are extent of liability under (a) anti (h), ate Company will also pay those costs, attorneys' (ees, and expenses incurred in Accordance with Sections 5 and 7 el I}lese r:❑ndilions. 'J. LIMITATION OF LIABiL.ITY (,n) 11 the Company establishes the 11tle, 0r reinuves Ilse alleged defect, lien, or etcmmlin-m e. 01 cures the lark of a tight of access to or Iium rhe I mid, or cures the claim rot t lnmarketatl(e l ale, all as insured, in a reasonably diligent planner by any melted, including hlfgation and the tompfeiibn 01 any nppents, 11 shall have kitty performer) Ks obligations- welt respect 10 that matter and shall not he liable for any loss of damage caused to the insured_ (b) in the event of any litigation, it litigation by the: Company or web the Company's consent the Company shall have no liability fol loss or damage unit there ltu : Veen a final detanhination by a court of competent jurisdiction, and disposinan or all appeals, adverse to the Tilla, as Mauled. (c) 11 iry company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the insured in settling any dada or suit willlbut the pilot wrinerl consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this pahcy, except payments made for cosls, attorneys' fees, and expenses, shall reduce the Amount of Insurance by nae am❑unl ❑t the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall he reduced by any amount the ConipHny pays under any policy insuring a Mortgage 10 which exception is raken in Schedule © or to whiC11 Me Insured has agreed, assumed, or taken subject, or which is executed by en Insured after Date al Policy tint which is a chnlge or lien or the Title, and the amount so paid shall he !teemed ai payment 10 rho Insured under Iliis policy, 12, PAYMENT OF LOSS When ItHllipty and the extent of loss or damage have been delinitefy fixed in acmrdnnce writh these Condlnons, the payment shall he made within :10 days_ 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Wlleriever the Company shalt have sett tad and paid a claim under this policy, it shat be suhr❑galed aril entitled to the tights al the Insured Claimant in the Tulle and rill other rights and remedies in respect to the claim tial the Insured Claimant has against any person or property, to 111e extent of the amount 01 any toss, costs, attorneys' fees, and expenses paid by the Company_ 11 requested by the Company. the Insured Claimant shall execute documents to evidence Ille transfer lo the Company of these rights and remedies. The insured Claimant shall permit the Company to sue, compromise, or senle in Ilse name 01 the Insured claimant and t0 use the name of the Insured Claimant in any transaction or litigation involving Mese rights and remedies. If a payment on account or a cleirn does nal fully cover the loss of the Insured Claimant, the Company shall defer the exeiaise of its right to recover until a11er tie Insured Claimant shall have recovered i151055. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terns or i;nndilions contained in those instruments That address subrogation rights. 1.4, ARBITRATION F idler the Company or the Insured may demand that the claim or controversy span be submitted to arbitration pursuant to the Title Insulonce Arbitration Rules of Illy' American Land title Association C'Rules• ). Except as provided in the Rules. (bete shall be no joinder or consolidation with claims or controversies ❑r dlhet persons. Albitrable matters may include, but are nal timitea to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with 115 issuance 01 the breach of a policy provision, ar to any other controversy nr claim alisinia out of the transaction giving rise to this policy. All arbitrable !nutters when Ilse Amount of Insurance Is 52,000,000 or less shall be arbitrated at the option of either the Company ur the insured. All arbitrable matters when the Amaunl of insurance is in excess of 52,000,000 shall be arbitrated only when earned to by both Ilse Company and the Insured. Arbitratien pursuant to this polity and under the Rules shall he binding upon the panics, Judgment upon the award rendered by the Arbitrator(s) may be entered In any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (:t) This policy together with all endorsements. it arty. Mutt:lied to it by rhe Company is the white polity anal or+rltracl benve•sn the Insured tuna Erre Cornperiy. in +nrcaopitttinq awry provision 01 /his poliey, this policy slo-tll Ile mu:ri rent 1i5 awhore. (t,) Any claire or loss Of damage that flrises our of the status ul ine rue or by any action,asseflini; such drum Shelli br re5hicted In this policy. (c) Any amendment 0f or endorsement to this policy must he in wrihllg rind aulllerlricsooid by en authorized person. nI 1 .\ res5Iy incorporated Ely Schedule A al this pulrt:y, (dl tech endorsement t0 this policy issued 01 any time is made a prat 01 this policy and Is subject to all of It:, WOOS 111111 provisions. Except as the endorsement expressly averts, it does riot (1) modify any or the terms and prnvisttms of the pulich (u) modify any prior endorsement, ;ii) extend the pare 01 Policy, or (iv) increase thuArtmourlt of lasurarlce. 16. SEVERABILITY In the event any pr uvision of this policy, in whole or In part, is held invalid or unenforceable under appin:able li,w, ere policy shell be deemed nut to include That provision rr Sunil pan 11eki to be invalid. but all other provisions shall terr1Fhin in lull torte and effect. 17. CHOICE OF LAW; FORUM (a) Choice el Low; The Insured acknowledges rhe Company has underwritten the risks coverer{ by this policy and rIPieinlined the plerniuin charged therefor in reliance upon the law electing interests in real property and a/retie-here ID Itlu interprElrr[in11, rights, rerlwdies. or enforcement of policies of title insurance Of the jurisdiction where the Land is faceted. 1 herefore. the Cal'A or an arbitrator shall apply the IOW of the jurisdiction when' the Land is IDcalcrt t0 determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the 1e1015 of alis policy. to ncilhet Cas(' Shall Nle court or ruttiti 111ot apply its cor'hcts 01 few principles to determine the applicable Inw. (b) Choice of Forum; Any litignli0n or other proceeding brought by Toa Insured against the Company must he filed only ma stele or federal court within the United States of America or its territories (laving rrppruptiate jurisdiction_ 18. NOTICES, WHERE SENT Any notice of churn and any other notice nr statement in writing required 10 be given to the c:ornprmy under this policy must be given to the Company at: 400 Second Avenue South, Minneapolis. Minnesota 55401, (612) 371-1111, ANTI -FRAUD STATEMENT. Pursuant to CRS 10-1-128(6)(x), 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 provided 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 irnm Instat0nce proceeds shall be reported to the Colorado division of insurance within the depatttnent of regulatory agencies. This anti -fraud statement is affixed to and made a gait of this policy. AMERICAN LANG TITLE ASSOCIATION OWNERS POLICY Adopted 6-17.06 Copyright 2005-7015 Ametican Land Title Association, All rights reserved. ao.06.policy.cover-orlt Land Title Guarantee Company Representing Oki Republic 1J tional Title lns►srain e Company Schedule A Order Number: GW 6301.0922 Policy Number: OX63010922,1798313 Arriotint: $1200,000,00 Property Address: 504 W DIAMONDA RANCH ROAD, CARI3ONDALE, CO 21623 1. Policy Date: July 20,201.6 at 5:00P,M. 2, Name of Insured: JAMES A. DALLMAN LIVING TRUST AND KATHLEEN MARIE >CHIAVI TRUST 3. The estate or interest in the Land described or referred to in this Schedule and which is covered by this policy is: A FEE SIMPLE 4. Title to the estate or interest covered by this policy at the date is vested in: JAMES A. DALLMAN LIVING TRUST AND KATHLEEN MARIE SCHIAVI TRUST 5. The Land referred to in this Policy is described as follows: LOT E-55 ASPEN GLEN FILING NO, 1 ACCORDING TO THE PLAT THEREOF RECORDED APRIL 6, 1995, A5 RECEPTION NO, 476a3f . COUNTY OF GARFIELD STATE OF COLORADO This Policy Valid only if Schedule B is attached. Land Title Guarantee Company Representing Oki Republic Natio:lt.I Title Insurance company (Schedule f3) Order Number 63010922 Policy Number OX63O10922.17_ -3 a13 TFIIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REAsoN O THE FOLLOWING': 1) ANY FACTS, RIGHTS, INTERESTS, OR CLAIMS THEREOF, NOT SHOWN BY THE PUBLIC RECORD; HUT THAT COULD BE ASCERTAINED BY AN INSPECTION OI- TFIE LAND OR TI OAT MAY RE ASSERTED BY PERSONS IN POSSESSION OF THE LAND. 2) EASEMENTS, LIENS OR ENCUMBRANCES, OR CLAIMS THE-RBOF, NOT SHOWN BY 1 HE PUBLIC RECORDS. 3) ANY ENCROACHMENT, ENCUMBRANCE, VIOLATION, VARIATION, OR ADVERSE CIRCUMSTANCE AITEC7ING THE TITLE THAT WOULD BE DISCLOSED BY AN ACCURATE AND COMPLETE LAND SURVE=Y OF TIME LAND AND NOT SHOWN BY THE PUBLIC RECORDS. 4) ANY LIEN, OR RIGHT TOA LIEN, FOR SERVICES, LABOR OR MATERIAL.. HERETOFORE OR HEREAFTER EURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS_ E,) (A) UNPATENTED MINING CLAIMS; (F3) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) WATER RIGHTS, CLAIMS OR TITLE TO WATER, 6) 2016 TAXES AND ASSESSMENTS NOT YET DUE OR PAYABLE. 7) RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNI I1 -'I) STATES PATENT RECORDED APRIL 11, 1892, IN BOOK 12 AT PAGE 133, 8) TERMS AND CONDITIONS OF RESOLUTIONS BY THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, CONCERNING THE ASPEN GLEN PLANNED UNIT DEVELOPMENT AND OTHER MATTERS, AS SET FORTH AS FOLLOWS: A. RESOLUTION NO. 92-056 RECORDED JUNE 29, 1992 IN BOOK 835 AT PAGE .305 AND AMENDED IN RESOLUTION NO. 97-38 RECORDED APRIL 16, 1997 IN BOOK 1015 AT PAGE? Z, B. RESOLUTION NO. 93-121 RECORDED DECEMBER 28, 1993 IN BOOK 887 AT PAGE 824. C. RESOLUTION NO. 94-008 RECORDED FEBRUARY 2, 1994 IN BOOK 891 AT PAGE 2.Q_ D. RESOLUTION NO. 94-089 RECORDED AUGUST 9, 1994 ]N BOOK 911 AT PAGE 791. E. RESOLUTION NO. 94-139 RECORDED DECEMBER 13, 1994 IN BOOK 925 AT PAGE 345. F. RESOLUTION NO. 95-004 RECORDED JANUARY 17, 1995 IN BOOK 929 AT PAGE 4. G. RESOLUTION NO. 96-06 RECORDED FEBRUARY 9, 1996 IN BOOK 966 AT PAGE $82. H, RESOLUTION NO, 96-07 RECORDED FEBRUARY 9, 1996 IN BOOK 966 AT PAGE 686. I. RESOLUTION NO. 96-26 RECORDED MAY 9, 1996 IN BOOK 977 AT PAGE 399. 3. RESOLUTION 98-88 RECORDED OCTOBER 13, 1998 IN BOOK 1092 AT PAGE 7.52. 9) 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 Land Title Guarantee Company Representing Old Republic National Title Insurance Company (Schedule B) Policy Number OX63010922.1798813 Order Number 63010922 THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BYAPPLICABLE LAW, AS CONTAINED IN MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ASPEN GLEN RECORDED APRIL 06, 1995, IN BOOK 936 AT PAGE 350, FIRST SUPPLEMENTAL DECLARATION RECORDED .JULY 15, 1997 IN BOOK 1026 AT PAGE 161, SECOND SUPPLEMENTAL DECLARATION RECORDED NOVEMBER 26, 1997 IN BOOK 1043 AT PAGE 850, THIRD SUPPLEMENTAL DECLARATION RECORDED FEBRUARY 10, 1998 IN BOOK 1053 AT PAGE 8, FOURTH SUPPLEMENTAL DECLARATION RECORDED FEBRUARY 10, 1998 IN BOOK 1053 AT PAGE M, FIFTH SUPPLEMENTAL DECLARATION RECORDED MAY 1, 1998 IN BOOK 1065 AT PAGE 800, SIXTH SUPPLEMENTAL DECLARATION RECORDED MAY 22, 1998 IN BOOK 1069 AT PAGE 5Q, SEVEN1 H SUPPLEMENTAL DECLARATION RECORDED AUGUST 24, 1998 IN BOOK 1084 AT PAGE 9_4_2, EIGHTH SUPPLEMENTAL DECLARATION RECORDED OCTOBER 26, 1998 IN BOOK 1094 AT PAGE 517, NINTH SUPPLEMENTAL DECLARATION RECORDED AUGUST 17, 1999 IN BOOK 1145 AT PAGE ate, TENT H SUPPLEMENTAL DECLARATION RECORDED NOVEMBER 19, 1999 IN BOOK 1161 AT PAGE 292, ELEVENTH SUPPLEMENTAL DECLARATION RECORDED SEPTEMBER 23, 1999 IN BOOK 1151 AT PAGE 877, AND TWELFTH SUPPLEMENTAL DECLARATION RECORDED DECEMBER 14, 1999 IN F300K 1164 AF PAGE 755, THIRTEENTH SUPPLEMENTAL DECLARATION RECORDED JULY 17, 2000 IN BOOK 1197 AT PAGE lin, i•OURTEENTH SUPPLEMENTAL DECLARATION RECORDED MAY 8, 2003 IN BOOK 147 AT PAGE 910, AND FIF=TEENTH SUPPLEMENTAL DECLARATION RECORDED DECEMBER 21, 2004 IN BOOK 1649 AT PAGE 891 AND AMENDED DECLARATION RECORDED MARCH 23, 2007 AS RECEPTION NO. 79%12. .1.0) TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS, RESTRICTIONS, EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN IN DECLARATION OF GOLF FACILITIES DEVELOPMENT, CONSTIRUC TION AND OPERATIONAL EASEMENT RECORDED APRIL 6, 1995 IN 1300K 936 Al PAGE 314, 11) AN UNDIVIDED ONE-FOURTH INTEREST IN AND TO ALL OIL, GAS, HYDROCARBONS AND MINERALS OF EVERY KIND AND NATURE AS RESERVED BY LEONIS P. CHUG IN WARRANTY DEED RECORDED DECEMBER 26, 1958 IN BOOK 314 AT PAGE I,8Q, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 12) TERMS, CONDITIONS AND PROVISIONS OF BARGAIN AND SALE DEED RECORDED MAY 25, 2006 IN 600K 1803 AT PAGE 782, 13) EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF ASPEN GLEN, FILING NO. 1 RECORDED APRIL 6, 1995AS RECEPTION NO. 47633p. 14) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF DEED OF EASEMENT RECORDED NOVEMBER 13, 2006 AS RECEPTION NO. 710924, 15) TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF AMENDED BYLAWS RECORDED MARCH 23, 2007 AS RECEPTION NO. 719513. COMMITMENT FOR TITLE INSURANCE Issued by Chicago Title Insurance Company Chicago 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 Schedules A and 8 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 !lability and'obligatiorr under this Commitment shall cease and terminate 90 days 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 the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF Chicago Title Insurance Company has caused its corporate name and seal ro be affixed by its duly authorized officers an the date shown in Schedule A. Countersigned: By: Authorized Signature We hereby certify that this is a trUe & cot copy of the original. Nationstar Mortgage l 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. CONDITIONS I , 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 those shown in Schedule B hereof, and shall fail 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 otherwise 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. 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 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 pari of this Committnent 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 ofthe title to the estate or interest or the status ofthe 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. Al! arbitrable matters when the Amount of Insurance Is S2,000,000 or less 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 <hrtp.'/Iwww.altu.or . 720101 (6106) •_ _ -- Copyright American Land Title Association. All rights reserved. The use of this Fomc is restricted to ALTA licensees and ALTA members in good standing as of the date a1 use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment — 2006 • ,M�tak, • AIIPP.IR' 11. 0 • .p. K • • •, • 3 • S • �y } r • 1 • 11. • • • • • i • • . 4 k ' • • Chicago Title Insurance Company SCHEDULE A Title Officer: Dominic DeBeIIe Escrow Officer: Tonya Stevens Escrow No.; 00033461.001 -TSI 1, Effective date: Oelober 17, 2012 2. Policy or Policies to be issued: Premiums (a) Policy: ALTA 2006 Standard Owner's Policy Policy Amount: $856,000.00 $1944.00 Proposed Insured: James Austin Dalhnan and Kathleen Marie Schinvi (b) ' Policy: ALTA 2006 Standard Loan policy Policy Amount: $417,000.00 $100.00 Proposed Insured: NatiouStar Mortgage, LLC, ISAOA (c) Policy: None Policy Amount: $0.00 $NIA Proposed Insured: Certificate of Taxes Due $30.00 Additional Charges (if any) Form 130 -OEC 560.00 Porro 100, 8.1 $ 100.00 Form 115.2 $115.00 Total $2349.00 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: Aurora Bank FSB 5. The land referred to in this Commitment is described as follows: See Exhibit A attached hereto and trade a part hereof. ALTA Commitment Schedule A-06 72C101 6106 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALI'A 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. Page I Escrow No.: 00033461 -041 -TSI LEGAL DESCRIPTION EXHIBIT A The land referred to in this Commitment is situate in the County of Garfield, State of Colorado and is described as follows: li.ot E56, Aspen Glen Filing No. 1, According to the Plat thereof, Recorded April 6, 1993 as Reception No. 476330, County of Garfield, State of Colorado. For informational purposes only: 534 Diamond A Ranch Rd., Carbondale, CO 81623 ALTA Commitment Schedule A.06 72C101 6146 ; Copyright American Land Title Association. All rights reserved. The use of this Form Is restricted to ALTA lioensees and ALTA members in good standing as of the date of use. AO other uses are prohibited. Reprinted under license from the Arnerican Land Title Association, Pap 2 A41PIS_ . F fff iI1, ,, • • -• 1- • . • • { • 4 . •• r, • f' • 4. EscrowNo.:,00033461-ODI-ISL - SCHEDULE S— SECTION 1 REQUIREMENTS The following are the requirements to be complied with: I . Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. 2. Pay us the premiums fees and charges for the policy. 3. Documents satisfactory to us creasing the interest in the land end/or the mortgage to be insured must be signed, delivered and recorded. 4. You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. 5. Payment of all taxes, charges and assessments, levied and assessed against the subject premises which are due and payable. 6. Receipt by the Company of the appropriate affidavit and indemnity executed by the owners of the subject property. 7. Special Warranty Deed from Aurora Bank FSB to NationStar Mortgage, LLC conveying the subject property. 8. Special Warranty Deed must be sufficient to convey the fee simple estate or interest in the land described or referred to herein, to the proposed insured, Schedule A, Item 2A. NOTE: C.R.S. §3$-35.109(2) required that a notation of the purchaser's legal address, (not necessarily the same as the property address) be included on the face (lithe deed to be recorded. 9. Deed of Trust sufficient to encumber the fee simple estate or interest in the land described or referred to herein for the benefit of the proposed insured, Schedule A, item 2(b) or 2(c). I0. Evidence that all assessments for common expenses assessed by Aspen Glen, as provided for in CRS 38.33.3.316, Colorado Common Ownership Interest Act, have been paid or are now current due under the Declaration referred to as item No. 16 —of Schedule 8, Section herein. NOTE: ALL CONVEYANCES (DEEDS) SUBJECT TO THE DOCUMENTARY FEE SUBMITTED TO THE COUNTY CLERIC AND RECORDER FOR RECORDATION MUST BE ACCOMPANIED BY A REAL PROPERTY TRANSFER DECLARATION. THIS DECLARATION MUST BE COMPLETED AND SIGNED BY THE GRANTOR (SELLER OR GRANTEE (BUYER), NOTE: IF THE SALES PRICE OF THE SUBJECT PROPERTY EXCEEDS X100,000.00, THE SELLER SHALL BE REQUIRED TO COMPLY WITH THE DISCLOSURE OR WITHHOLDING PROVISIONS OF C.R.S. §39.22.604.5 (non- resident withholding). 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, ALTA Commitment Schedule B-06 Page 3 72C101 (6/O6)___ -- _ Copyright American Land Title Association. All rights reserved. The use of this Form Is restricted to ALTA licensees and ALTA members !n good standing as of the date of use. Ali other uses are prohibited. Reprinted under license from the American Land Title Association. Escrow No,: 00033461.O01 -TSI SCHEDULE B - SECTION II 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: 1. Any facts, rights, interests, or claims that are 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. 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 show by the Public Records. 4, Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, unposed 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 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, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 8. Taxes for the current year, including all taxes now or heretofore assessed, due, or payable. 9. The Effect of inclusion in any General or specific Water Conservancy, Fire Protection, Soil Conservation, or other district or inclusion in and Water service or Street Improvement Area. 10. Subject 10 any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and rights to ditches and reservoirs used in connection with such water rights as rnay be recognized and acknowledged by the local customs, laws and decisions of courts, and also subject to the 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 as reserved in Patent recorded July 24, 1894 in Book 12 at Page 329. 11. Terms, conditions, provisions, agreements, restrictions and obligations specified under the Easements recorded on February 10, 1995 in Book 931 at Page 354, In Book 931 at Page 374, In Book 931 at Page 393, In Book 931 at Page 412, and in Book 933 at Page 432, 12. Terms, conditions, provisions, agreements and obligations specified under the Resolutions by the Board of County Commissioners of Garfield County, Colorado, Concerning Aspen Glen Planned Unit Development and other matters, as set forth as follows: ALTA Commitment Schedule 811.06 Page 72CI01 (6/06) Copyright American Land Tule Association. Alt rights reserved. The use of this Font is restricted to ALTA licensees and ALTA members in good standing as of the dale of use. All other uses are prohibited. Reprinted under license from the American Land Titte Association. µcin n A. B. C. D. E. F, G. H. Resolution No. Resolution No. Resolution No. Resolution No. Resolution No, Resolution No. Resolution No. Resolution No. Resolution No, Escrow No.: 00033461 -001 -TSI SCHEDULE B - Section II (Continued) 92-056 recorded June 29, 1992 in Book 835 at Page 305. 93-121 recorded December 28, 1993 in Book 887 at Page 824. 94-008 recorded February 2, 1994 in Book 891 at Page 620. 94-089 recorded August 9, 1994 in Book 911 at Page 791. 94-139 recorded December 13, 1994 in Book 925 at Page 345. 95-004 recorded January 17, 1995 in Book 929 at Page 64. 96-06 recorded February 9, 1996 in Book 966 at Page 682. 96-07 recorded February 9, 1996 in Book 966 at Page 686. 96-26 recorded May 9, 1996 in Book 977 at Page 399. 13. Terms, conditions, provisions, agreements and obligations specified under the Agreements recorded on April 12, 1992 in book 827 at Page 636, and recorded June 29, 1993 in Book 835 at Page 364. 14. Terms, conditions, provisions, agreements, obligations, Easements and Rights of Way as contained in the Agreements by and between Union Oil Company of California, Aspen Glen Golf Partners, LTD. and the Aspen Glen Sanitation District recorded August 19, 1994 in Book 912 at Page 970, and recorded on August 19, 1994 in Book 912 at Page 973, 15, Any and all notes, easements and recitals as disclosed on the recorded plat of said subdivision, recorded April 6, 1995 at Reception No. 476330 and Amended Plat Recorded May 18, 199 at Reception No. 545773. 16. Covenants, conditions and restrictions in the Declaration 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, 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 recorded April 6, 1995 IN Book 936 at Page 350, First Supplemental Declaration recorded July 15, 1997 in Book 1026 at Page 161, Second Supplemental Declaration recorded November 26, 1997 in Book 1043 at Page 850, Third Supplemental Declaration recorded February 10, 1998 in Book 1053 at Page 8, Fourth Supplemental Declaration recorded February 10, 1998 In Book 1053 at Page 30, Fifth Supplemental Declaration recorded May 1, 1998 in Book 1065 at Page 800, Sixth Supplemental Declaration recorded May 22, 1998 in Book 1069 at Page 58, Seventh Supplemental Declaration recorded August 24, 1998 in Book 1084 at Page 943, Eighth Supplemental Declaration recorded October 26, 1998 in Book 1094 at Page 517, Ninth Supplemental Declaration recorded August 17, 1999 in Book 1145 at Page 680, Tenth Supplemental Declaration recorded November 19, 1994 in Book 1161 at Page 293, Eleventh Supplemental Declaration recorded September 23, 1999 in Book 1151 at Page 877, Twelfth Supplemental Declaration recorded December 14, 1999 in Book 1 164 at Page 755, and any and all amendments and or supplements thereto. 17. An easement and right of way and incidental purposes granted to Rocky mountain Natural Gas Company by (he instrument recorded on April 30, 1996 in Book 976 at Page 13. 18. Subject to any vested and accrued water rights for mining, agricultural, manufacturing or other purposes, and rights to ditches and reservoirs used in connection with such water rights as may be recognized and acknowledged by the local customs, laws and decisions of courts, and also subject to the 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 as 'reserved in Patent recorded July 24, 1894 in Book 12 at Page 332. 19. Terms, conditions, provisions, agreements and obligations specified under the Subdivider's Agreement recorded on July 15, 1997 in Book 1026 at Page 149. ALTA Commitment Schedule B11-06 720101 (6106) Copyright American Land Title Association, All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing es of the date of use. Ati other uses are prohibited. Reprinted under license from the American Land Till° Assacialion. Page 3 Escrow No.: 0U033461-00I-TSJ NOTE: COLORADO DIVISION OF INSURANCE REGULATION 3.5.1, SECTION 7, PARAGRAPH E, 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 T}TE CLOSING (AND SETTLEMENT SERVICE THAT IS EN CONJUNCTION WITH ITS ISSUANCE OF AN OWNERS POLICY OF TITLE INSURANCE) AND IS RESPONSIBLE FOR RECORDING OR FILING OF LEGAL DOCUMENTS RESULTING FROM THE TRANSACTION WHICH WAS CLOSED," NOTE: EXCEPTION NO. 4 OF SCHEDULE B, SECTION 2 OF THIS COMMITMENT MAY BE DELETED FROM THE OWNER'S POLICY TO BE ISSUED HEREUNDER 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 MAY HAVE BEEN FURNISHED BY MECHANICS OR MATERJALMEN FOR PURPOSE OF CONSTRUCTION ON THE LAND DESCRIBED RN SCHEDULE A OF THIS COMMITMENT WITHIN THE PAST 13 MONTHS, C. THE COMPANY MUST RECEIVE AN APPROPRIATE AFFIDAVIT INDEMNIFYING THE COMPANY AGAINST UNFILED MECHANIC'S AND MATERIALMEN'S LIENS. D. ANY DEVIATION FROM CONDITIONS A THROUGH C ABOVE IS SUBJECT TO SUCH ADDITIONAL REQUIREMENTS OR INFORMATION AS THE .COMPANY MAY DEEM NECESSARY, OR, AT ITS OPTION, THE COMPANY MAY REFUSE TO DELETE THE EXCEPTION. NOTE: THE FOLLOWING DISCLOSURES ARE HEREBY MADE PURSUANT TO SECTION C.R.S. §10-11-122: A, THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; B. A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHAM-. BE OBTAINED FROM THE COUNTY TREASURER. OR THE COUNTY TREASURER'S AUTHORIZED AGENT; AND C. INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. NOTE: ANY CLAIM, WHICH ARISES OUT OF THE TRANSACTION VESTING IN THE INSURED THE ESTATE OR INTEREST INSURED BY THE POLICY TO BE ISSUED HEREUNDER, BY REASON OF THE OPERATION OF FEDERAL BANKRUPTCY, STATE INSOLVENCY OR SIMILAR CREDITORS RIGHTS LAWS. NOTE: SHOULD THE TITLE SEARCH AND EXAMINATION DISCLOSE A SEVERANCE OF THE MINERAL ESTATE FROM THE SURFACE ESTATE, THE FOLLOWING WILL BE ADDED TO SCHEDULE B- SECTION 2 EXCEPTIONS; THERE IS RECORDED EVIDENCE THAT ONE OR MORE MINERAL ESTATES HAS BEEN SEVERED, LEASED OR OTHERWISE CONVEYED FROM THE SURFACE ESTATE OF THE SUBJECT PROPERTY DESCRIBED IN SCHEDULE A OF THIS COMMITMENT, AND THERE IS A SUBSTANTIAL LIKELIHOOD THAT A THIRD PARTY HOLDS SOME OR ALL OF THE OWNERSHIP INTERST IN OIL, GAS OR OTHER MINERALSS OR GEOTHERMAL ENERGY IN THE SUBJECT PROPERTY. SUCH MINERAL ESTATE MAY INCLUDE THE RIGHT TO ENTER AND USE THE SURFACE OF SUBJECT PROPERTY WITHOUT THE SURFACE OWNER'S PERMISSION. ALTA Commitment Schedule B11•06 72C 101 6/46 Copyright American Land Title Assoeistion. 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 we prohibited. Reprinted under license from the American Land Title Association. Page 6 susimi • • T 1: .7 i r r • • 1 • I r' • 7 , • • } • f • •'1 Fidelity National Financial, Inc. Privacy Statement Fidelity National Financial, Inc. and its subsidiaries ("FNF") respect the privacy and security of your non-public personal information ("Personal Information") and protecting your Personal Information is one of our top priorities, This Privacy Statement explains FNF's privacy practices, including how we use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. FNF follows the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share information as described herein. Personal Inforntation Collected We may collect Personal Information about you from the following sources: • Information we receive from you on applications or other forms, such as your name, address, social security number, tax identification number, asset information, and income information; • Information we.receive from you through our Internet websites, such as your name, address, email address, Internet Protocol address, the website links you used to get to our websites, and your activity white using or reviewing our websites; • Information about your transactions with or services performed by us, our affiliates, or others, such as information concerning your policy, premiums, payment history, information about your home or other real property, information from lenders and other third parties involved in such transaction, account balances, and credit card information; and • information we receive from consumer or other reporting agencies and publicly recorded documents. Disclosure of Personal Information We may provide your Personal Information (excluding information we receive from consumer or other credit repotting agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures, Disclosures may include, without limitation, the following: • To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaition; • To third -party Contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and/or providing you with services you have requested; • To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil action, in connection with a subpoena or a governmental investigation; To companies that perform marketing services on our behalf or to other financial institutions with which we have joint marketing agreements and/or • To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must he determined, settled, paid or released prior to a title or escrow closing. We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is reasonably necessary to comply with the law or to protect the safety of our customers, employees, or property and/or to comply with a judicial proceeding, court order or legal process. pisclosure to Affiliated Companies — We are permitted by law to share your name, address and facts about your transaction with other FNP companies, such as insurance companies, agents, and other real Estate service providers to provide you with services you have requested, for marketing or product development research, or to market products or services to you. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law. 7l closure to Nottattid Third Portia — We do not disclose Personal Information about our customers or former customers to nonaffiliated third parties, except as outlined herein or as otherwise permitted by law. • 4,4 i •. . .M A w t . s • 4 . i • 4 .i • . • L Fila No.: 00033461-001 •TS 1 Confidentiality and Security of Personal Information We restrict access to Personal Information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard Personal Information. Access to Personal Information/ Requests for Correction, Amendment, or Deletion of Personal Information As required by applicable law, we will afford you the right to access your Personal Information, under certain circumstances to find out to whom your Personal information has been disclosed, and request correction or deletion of your Personal Information. However,Nl~.'. current policy is tom in cin ustomers' Personal formation f no ss than •ur t: -'s re • ed recor retention muiremen for the u ose ofh ndlin future c v ra a /aims. For your protection, all requests rade under his se i n mus e in w j in and mus i identity. Where permitted by law, we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to: e ur tarize na re to es li h our Chief Privacy Officer Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, FL 32204 Changes to this Privacy Statement This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above, indicates the last time this Privacy Statement was revised or materially changed. Effective Date: 5/1/2008 • 1. • T i• • , 4 y' • • . '1 r ATTACHMENT ONE AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY (6-1-81) EXCLUSIONS In addition to the Exceptions in Schedule B, you arc not insured against loss, costs, attorneys` fees, and expenses resulting from; 1. Covemrnental police power, and the existcnoe or violation of any law or government regulation, This includes building and zoning ordinances and also laws and regulations oncoming: • land use + Improvements on the land • land division • environmental protection This exclusion door not apply to violations or the enforcement of these matters which appear in the pubIIC records at Policy Date. This exclbsion dots not limit the zoning coverage described in Items 12 and 13 of Covered Tide Risks. 2. The right to take tha Ind by condemning it, unless: • a notice of exercising the right appears in the public records on the Policy Date • the taking happened prior to the Policy Dale and is binding on you if you bought the land without knowing of the taking, In addition to the Exclusions, you arc not insured against lass, costs, attorneys' fees, and the expenses resulting from: 1, Any rights, interests. or claims of parties in possession of the land not shown by the public records. 2. Any casements or liens not shown by the public records, This does nol limit the lien coverage in Item 8 of Covered Title Risks. r Attachment One (Rev. 021051 l 0) 3, Title Risks: • that arc created, allowed, or agreed to by you • that arc known to you, but not to us, on the Policy Date—unless they appeared in the public records • that result in no loss to you • that first affect your 1111le after the Policy Date—this does not limit the Tabor and material lien coverage in Ilam a of Covered Title Risks 4. Failure to pay value for your tike. S. Lack of a right: • to any lend outside the arca spcoifreally described and referred to in Kern 3 of Schedule A OR • in streets, alleys, or waterways that touch your land This exclusion does not I imil the access coverage in Item i or Covered Title Risks 3. Any facts about the land which a correct survey would disclose and which are not shown by the public records. This docs not limit the forced removal coverage in Item 12 of Covered Title frisks. 4. Any venter rtghls or claims or title to water in or under the land, whether or not shown by the public retards ATTACHMENT ONE (Continued) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVEitACE The following matters are expressly excluded from die coverage of this policy and the Company will not pay loss or damage, cases, attorneys' fres or expenses which arise by reason of: (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning taws, ordinances, er regulations) restricting, regulating, prohibiting Or relating to {i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in OwnerShip or n ohangc to the dimensions Or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the elect of any violation of these laws, ordinances or governmental regulations, cxcepi to the extent that a notice of the enforcement thereof or a notice of is defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Dale of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or n notice of u defect, elan or encumbrance resulting from a violation or alleged violation affecting the Ind has been recorded in the public records at pale of Polley. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but nut excluding from coverage any taking which has occurred prior 10 Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) creetcd, suffered, assumed or agreed to by the insured claimbnl; (b) not known to the Company, nal rerarded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the dale the inured claimant became an Insured under this policy; resulting in no Toss or damage to the insured claimant; anaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lion of tete insured mortgage over any nialutory Tien for services, labor or !material or to the extent insurance is afforded herein as to assessments for street improvements under constriction or completed at Dale of Policy); or resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of -the inability or Allure of the insured id Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state In which the land is Situated. S. Invalidity or unenforceability of the lien of the insured mortgage. or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6, Any claim, which arises out of the transaction vesting in the insured the estate Or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors` rights laws. (a) (d) (e) SCHEDULE B, PART 1 EXCEPTIONS FROM COVERAGE This policy docs not insure egalnsl loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of I, Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments On real property ar by the public records, Proceedings by a public agency which 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, 2. Any facts, rights, interests ar claims which are not shown by the public records but which could he ascertained by an inspection of the land or which may be asserted by persons in possession thereof. Attachment One (Rev. 02/05/10) PART 3, 4. 5. 6. Easements, liens or encumbrances, or claims thereof, not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which o correct survey would disclose, and which are not shown by the public records. (a) Unpatented mining claims; (b) rescrvotions or exceptions in patents or in Acts authorizing the issuance thereof,. (e) avatar rights, claims or title to water, whether or not the matters excepted under (a), (b) ar (a) are shown by the public records. Any Iicn or right to a lien for services, labor or material not shown by the public reoords, • • } / • • • Y • M1 ATTACHMENT ONE (CONTINUED) FORMERLY AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) WITH A.L.T.A. ENDORSEMENT—FORM 1 COVERAGE EXCLUSIONS FROM COVEi.AGE The following matters ere expressly excluded from the Coverage of this policy and the Company will not pay loss or damage. costs, attorneys' fees or expenses which arise by reasons of, I, (t1) Any law, ordinance or governmental regulation (including but not limited 10 building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating co (i) the oeetmaney, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now ar hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (IV) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of Ilse enforcement thereof ora .Once of a defee6 lien or encumbrance resulting from a violation or alleged violation affecting rhe land has been recorded in tlse public records at Date of Policy, (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a noliee of a defect, lion or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but nal excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on die rights of a purchaser for value without knowledge, 3. Defects, liens, encumbrances, adverse claims or other manors: (a) created, suffered, Assumed or agreed to by the Insured claimant; (b) not known to the Company, not recorded in the public records at Dale of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this polios; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the liett of the insured mortgage over any statutory lien for services, (c) labor or material or to the extent insurance is afforded heroin as to assessments for street improvements under Construction or completed at Dale of Policy); or resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage, 4, (Jnenforceabllity of the lien ate insured mortgage because Of the inability or failure of the insured at Date of Policy, or the inability or failure of any Subsequent owner of the indebtedness, to comply with applicable doing business laws of the state itt which the land is situated. 5. Invalidity or uncnforecability of the Ilen of the insured mortgage, or claim thereof, which arises out of the transaction evidentxd by the insured mortgage and is basad upon usury or any consumer credit protection or truth in lending law, 6. Any statutory hen for services, labor or materials (or the claim of priority of any statutory Tien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which Is connected for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by die insured mortgage which al Date of Policy the insured hag advanced or Is obligated lo advance. 7. Any claim, which arises out of the transaction creating the interest of the mongagee insured by this policy, by reason gem- operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the internee of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (Ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine or equitable subordination, or (iii) the transaction crealing the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation 10 impart notice to a purchaser for value or ajudgment or lien creditor, The above policy form may ba issued to afford either Standard Coverage or Extended Coverage. In addition to the above E=xclusions from Coverage, the Excepdens from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Taxes or assessments which are not shown 45 existing liens by dee records of any taxing authority that levies taxes or assessments on real property or by the public reedrd5, Proceedings by a public agency which 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. 2, 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 which may be asserted by persons in possession thereof. Attachment One (Rev. 02/05110) 3, Easernerita, liens or encumbrances, or claims thereof, not shown by the public records. 4, Discrepancies, conflicts in boundary lines, shortage in arca, encroachments, or any other facts which a correct survey would disclose. and which are not shown by the public records, 5. (a) Unpatented mining claims; (b) reservations or cxccpdons In patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. b, Any lien or right to a lion for services, labor or material not shown by the public records. ATTACHMENT ONE (CONTINUED) 2006 AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any imptovement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion I(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters created, suffered, assumed, or agreed to by the Insured Claimant; not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (a) (b) (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11,13 or 14); or resulting in loss or damage that would not have been sustained if thc Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing - business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth -in -lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk I I(b), (e) The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from,Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 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: I. (a) Taxes or assessments that are not shown as existing liens by thc 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. 2. Any facts, rights, interests, or claims that are 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. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. Attachment One (Rev. 02/05/10) 4. My 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. 5. (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, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records, 6. Any lien or right to a lien for services, labor or material not shown by the public records. ATTACHMENT ONE (CONTINUED) FORMERLY AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or Location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no toss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in toss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer, or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage Policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy docs not insure against Toss or damage (and the Company will not pay costs, attomeys' fees or expenses) which arise by reason of: I. Taxes or assessments which are not shown as existing liens by the 3. Easements, liens or encumbrances, or claims thereof, which are not records of any taxing authority that levies taxes or assessments on shown by the public records. real property or by the public records. Proceedings by a public 4. Discrepancies, conflicts in boundary lines, shortage in area, agency which may result in taxes or assessments, or notices of encroachments, or any other facts which a correct survey would such proceedings, whether or not shown by the records of such disclose, and which are not shown by the public records, agency or by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in 2. Any facts, rights, interests or claims which are not shown by the patents or in Acts authorizing the issuance thereof; (c) water public records but which could be ascertained by an inspection of rights, claims or title to water, whether or not the matters excepted the land or which may be asserted by persons in possession under (a), (b) or (c) are shown by the public records. thereof. 6. Any lien or right to a lien for services, labor or material not shown by the public records. Attachment One (Rev. 02/05/10) ATTACHMENT ONE (CONTINUED) 2006 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following miners are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: I, (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) reabicting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; 01) the character, dimensions, or locution of any improvement erected on the Land; the subdivision of land; or (iv) cnvirOnmcmal pratcotion; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion I(a) does not ruodif or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion I(b) docs not modify or limit the coverage provided under Covered Risk b. 2. Rights of eminent domain, This Exclusion docs not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Deft GO, liens, encumbrances, adverse claims, or other matters (a) created. suffered, assumed, or tweed to by the insured Claimant; (b) (e) (d) (e) not Known to the Company, not recorded in the Public Rccord9 at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became art Insured under this policy; resulting in no loss or damage to the Insured Claimant; anaching or created subsequent to Date of Policy (however, this dots not modify or limit the coverage provided under Covered Risk 9 and 10); or resulting in loss or damage that would not hive been sustained if the Insured Claimant had paid value for the Title. 4. Any claim. by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights Taws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance ar fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy, 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Titre as shown In Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exelusinns from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage; EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company I. (a) Taxes or assessments that are not shown os existing liens by the records of any taxing authority that levies taxes or nsscssment$ nn real propcny or by the Public Accords; (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. 2. Any facto, rights, interests, ar claims that arc oat shown in 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, 3, Easements, liens or encumbrances, or claims thereof. not shown by the publieRecords. Attnchrn ent One (Rev. 02/05/10) will not pay costs, attorneys' fccs or expenses) dm arise by reason of: 4. 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 that nee net shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance (Fierce/; (t) water rights, claims Or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records, t3. Any lien or right to a Hen for services, labor or materia/ nol shown by the public records. • • r • • P.a.' • P. 1• r _ ! { V .'4 • •4 •• P . • +'i j. r . • i _ • 1. •. • 3, • ATTACHMENT ONE (CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (1042-03) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) EXCLUSIONS in addition to the Exceptions in Schedule B, You are not insured against loss, wsls, attorneys` fees, and expatscs resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation_ This includes ordinances, laws and regulations concerning: a. building b, zoning c. Land use d. improvements an Land e. land division f. environmental protection This Exclusion does not apply .to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records al the Policy Date, This EKclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17or24. 2. The failure of Your existing structures. or any part of them, to be constructed in accordance with applicable building codes, This Exclusion does nal apply to violations of building codes if notice of the violation appears in the Public Records of the Policy Date. 3. The right to take the Land by condemning it, unless! a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed w by You, whether or not they appear in the Public Records_ b_ that are Known to You at the Policy Date, but not to Us. unless they appear in the Public Records at the Policy Date: e. that result in no loss to You; or d. that first occur after the Policy Date—this does not limit the coverage described in Covered Risk 7, &.d., 22, 23, 24 or 25. 5. pailwe to pay value for Your Title. 6. Leek of a right: a. to any Land outside the arta specifically described and referred to in paragraph 3 of Schedule A; and b. in slice's, alleys, or waterways that touch the Land. This Exclusion does nal limit the covernge described in Covered Risk 11 or 18. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows; ■ For Covered Risk 14, 15, 16, and 13. Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts end maximum dollar limits shown on Schedule A areas follows', Covered Risk 14: Covered Risk 15: Covered Risk 16: Covered Risk 18: Attachment One (Rev. 02105110) Your Deductible Amount 1°%e of Policy Amonni or 52.500.00 (whichever is Icss) Our Maxintim Dollar Limit of Liability 510,000.00 1% of Policy Amount 525,000.00 Of $5,000.00 (whichever is less) 1% of Policy Amount 525,000.00 or $5,000,40 (whichever is less) l% of Policy Amount 55,000,00 or 52,500, 00 (whichever is less) ATTACHMENT ONE (CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (01-01-08) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (01-01-08) EXCLUSIONS In nddition to the Exceptions in Schedule 13, You arc not insured against 1 1. Governmental police power, and the existence or violation of those portions of any Iaw or government regulation Concerning: a. building; b. zoning; c. land use; d, improvements on the Land; e, land division; and envirorlrnental protection, This Exclusion does not limit the coverage described in Covered Risk 8.a, 14, 15, 16, 18, 19, 20,23 or 27, 2. The failure of Your existing structures, or any pert of them, to be constructed in accordiulcc with applicable building codes, This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 1 The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement us follows: For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Ow Maximum Dollar Limit of Liability shown in Schedule A, oss, costs, attorneys' fees, and expenses resulting from: 4. Risks'' a, that are created, allowed, or agreed to by You, whether or not they arc recorded in the Public Records; b, that are Known to You at the Policy Dale, but not to Us, unless they are recorded In the Public Records at the Policy Dale; e. that result in na 1oss 10 You', or d. that first occur after the Policy Date—this does not limit the coverage dosoribed in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. lack of a right: a, to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Covered Risk 16: Covered Risk 18; Covered Risk 19: Covered Risk 21; Attachment One (Rev. 02/0910) Your Deductible Amount 1% of Policy Amount Shown in Schedule A 4r ,500,04 (whichev52er is I00)' 1% of Policy Amount Shown in Schedule A 525,000.00 or 53,000.00 (whichever is less) I.% of Policy Amount Shown in Schedule A 525,000.00 ar $5,00.00 (whichever Is less) 1% of Policy Amount Shown In Schedule A 55,004.00 ar 52,500.00 (whichever is less) Our Maximum Dollar Limit of Liability 510,004.00 ATTACHMENT ONE (CONTINUED) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10113(01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of This policy and the Company will not pay loss or damage, costs, attorneys' fes or expenses which arise by reason of. I. (a) Any taw, ordinance or governmental regulation (iecludirlg but not limited to zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (I) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvements now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or areas of the Land or any parte1 of which the Lund is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulling from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Polley, This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this policy. Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or cneumbrenct resulting from e vidlatloh or alleged violation affecting the Land has been recorded in the Public Records a Dale of Policy. This exclusion does not limit the coverage provided under Coveted Risks 12. 13. 14, and 16 of this pot icy, 2. Rights of eminent domain untess notice of the exercise thereof has been reseeded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 1, Defects, liens, encumbrances, adverse claims or other mutters: (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) net Known to the Company, not recorded in the Public Records at Date of Polley, but Known to the lnsurcd Clalmont and not disclosed in writing to the Compimy by the insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no Ions damage to the insured Claimant; (b) Attachment One (Rev. 02105114) (d) atlaehing or crested subsequent to Ontc of Policy (this paragraph doer not limit the coverage provided under Covered Risks 8, 16, I& l9, 20, 21.22, 23, 24, 25 and 26); or (c) resulting in loss or damage which would not have been sustained if the Insured Clairrinnl had paid value for the Insured Mongage. a, Unenforceability (Arne Tien of the Insured Mortgage because of tho inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated, 5. Invalidity or unenforecability of the lien of the Insured Mortgage, or claim thereof, which Arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any consumer credit protection or truth -in- tending taw, 6. Real properly taxes ar assessments of any governmental authority which beeeme a lien on the Land subsequent to date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, g(e) and 26, 7_ Any claim of invalidity, unenforceability or lack of priority of the lien of the insured Mortgage as to advances or modifications made after the lnsurcd has Knowledge that the veslee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk le B. Leek of priority of the lien of the Insured Mongage es to each and every advance mode after Dale of Policy, aed all interest charged thereon, over liens, encumbrances and other matters affecting the tills. the existence of which are Known to the Irtsured at: (a) The lime of the advance; or (b) The lime a modification is made 10 the terms of the insured Mortgage which changes dee rate of interest charged, if the rate of interest is greater 6.s a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. 9. The failure of the residential structure, or any portion thereof to have been constructed before, on or atter Data of Policy in accordance with applicable building codes. This exclusion does not npply to violations of building codes iF notice of the violsrion oppertrs in the Public Records at pate of Policy. e s - 1 • .r ro ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (01-01-08) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attomeys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, I9, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in Toss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage, 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25, 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or Limit the coverage provided in Covered Risk 5 or 6. ZOOZOEOZE6EZ IOOZOEOZE6EZ o N N N N UJ N ti 1 W LD IO lD Ui to W n' C• A LD C N N N N N N co 0 0 0 0 0 0 to w w w w w w .+ 0 0 0 0 0 0 0 M% N N M Q 0 0 0 O 0 w a vi v, to to A co 3 o'+ ut A w c0 Vs 0 -C z o 0 m K 0 D 0 O rn D D D p Ln a O g> p m z ro • z • ? D D ;� v `' Z 2 x r n 70 D „ m S Om Fi D D r K Z 7a Z O O G1 0 z rn m m 0 0 - Q. r_ 0 D D -i Qa T' n (-) f. O O m np xi c co < < G po • G1 Gl a 'S 03 D 71 C C n z D D Z • Rn Qo Z Z n n z 2 Z n 0 K D D D -I -f Z 2 2 -C r r m rn m m �1 0 A w W A W A 0 7. La 1.4 A A N A O • a CO NJ CO *O o v -I o A O • m" o >C D rn n ><421G D 4 D D s "' D O v D o O -{ _ ,os a p C Z Z co Z Z D 70 X w4/1 ® 'n ® O D D Z O `" 13 tn D Z D D yC O D 70 70 73 Z C n rr- Z DZ O Z Z= D D 2 p 2 2 0 C C Z 0 m 73 to 79 x, O m 0-0 Z O -00001-177 0 nozonnv0no DNgD wm000Cn O O O7 07 Z O V, L O 0 0 0 r+ O Z 1_, Z Z D D al Leo 0 Gm 0 0 r Z w D O > > "n O r N r r- n m rn m0 DT. n O O O 00 0 w n a o0 00 Cn D 1-+ 1-+ 1-+ N cn Q1 O1 w a N N N A U./ CURRENT MINERAL RIGHTS OWNERS Sandra McCabe, Tenants in Common 772 Castle Drive, Palisade, CO 81526 Joan Tefinde, Tenants in Common 994 Bush Creek Lane, Glenwood Springs, CO 81601 Deborah Chuc, Tenants in Common 1612 Grand Avenue, Silt, CO 81652 Effects: all of the NE1/4 NW1/4, Lots 4,5,6,7, 10, 11, 19 and 20; that of Lots 8,9 and 13 Tying easterly of the Roaring Fork River; and Lots 1 and 12, all in Section 20, Township 7 South, Range 88 West of the 6th Principal Meridian. Effects: Lots 12 and 16, Section 20: Lots 2 and 3, Section 29; all in Township 7 South, Range 88 West of the 6th Principal Meridian except that parcel of land described in deed recorded in Book 255 at Page 272. Ella J. Chase (Deceased) 1/50 interest in deed recorded 6/12/51 in SOOk 258 at Page 594. Effects: That portion of Lots 6 and 7, Section 18, Township 7 South, Range 88 West of the 6th Principal Meridian Tying southerly and westerly of the Roaring Fork River. Esta Arlene Estes, Joint Tenant P O Box K, Meeker, CO 81641 Cora Lea Gentry, Joint Tenant 1380 14 Road, Loma CO 81524 Ali reserved in deed recorded 518150 in Book 250 at Page 271. Effects: Lots 2 and 5, Section 13, township 7 South, Range 88 West of the 6th Principal Meridian. United States of America All uranium, thorium or other material essential to the production of fissionable materials "'served in Patent recorded in Book 285 at Page 161. 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( .Vuf/A .iNrf� L „;/./ rte% ' 4 a ;7/70., /i /• Y'll,L, Lr 1 rlr7 11ry 1 l r I h Iy 9 ii tl ,\ \ \. `-, N•/ y , 1� `' I 1.1 tl '.\\1 ti 1 i .� 4� r 1y 4.1 ti Y i , sh • �N V% 1. 1.j , l -, '�'i 1 1 1 l \M ;t'� 1I I `11 'gyp . -1 tir 1. rI0.� i '�► % err L.«. 9�' I5 ljjli •.. 111.11012P i •Y .93.1• v m°JF —• r1fTor,1 Pc/ch Shr.r +v 1 A ib+[h 6helr 26 16 le 14A0 % ``-••,�7 +/ I I •W r/ JA.l4 11• 1111•11)!ILOlI tat, V 1\4 t + r,y .A> ✓ 'J to r er, _' • 4' ! .00• rf y{ ▪ f f 111 /K 110Ww•v h lick ;i kga;tme.1 IE;46 i fi 111: ItF Amended Flat of )f Lots E55 & E56 [RI Ito 1 e E 1 • 4 101 A• ry fe, i41,11;4 4 d t* 41 i1Lt it X 4 trr- TVTl6C d'f/RYdifNG S'fR77CSS na.7 c..p.. �V.n.. WMw1ood .*,, p L'rrA, 87901 (P?) P2 -D7a9 ('AX s17-sQ07J Niff4r-va earn Mtarrie R w41VP,na «..I„i Carbondale, Co 81623 w.., Jr DUG ...at/29/2ta Garfield County Garfield County Land Explorer Garfield County, Colorado F1. .7 1 Ess Garfield County Land Explorer ' rTZ,DitA C ` W0rw 4i2Ar-4C-0 20, prinked by Web User - Tie�F—.•a—:�,t•.�'.ur...�.a :r�arc�+FSF r:i.�r--t 1 lnih a 94 {eek 1 inch 5 U.OY miles a 0oh 23932030o3a5 ' • III •-11 063 Was Galt +, County Cdpndo GrrkrtdCounty www,prritld-oneay.ay.n Colorado Nth h..,rpraubn nlmamI& FI 015r py.arin O. g wh.lt Pswry 6nlpt*Runl,Mlhuamaa OM. Mil 'Am Mc 11 M Gr Wait oNr fr rrranrca r+praa� ant rho 041161, A M1p lnpwrlYf tam rM Na..aatlul humin analMt Copyright Garfield Carnly. ColOrsoo 1 A Rlyhla Rert•Ved I•rin .d: 9!3712036 at 2,45 21 PM Garfield County Community Development Depart hent 108 811' Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 5i'vi v.garliel[i-couutt'.com TAX PARCEL NUMBER: 2393-203-01-055 and 056 DATE: September 27, 2016 OWNER: James A Dallman Living Trust and Kathleen Marie Schiavi Trust REPRESENTATIVE: James Dallman "arnesadallrnan mail.coni PRACTICAL LOCATION: 0504 and 0534 West Diamond A Ranch Road TYPE OF APPLICATION: Amended Final Plat I: GENERAL PROJECT DESCRIPTION Applicants own two adjacent Tots that they seek to combine into one parcel. 'll.' REGULATORY PROVISIONS APPLICANT ISREQUIRED TO ADDRESS Garfield County Land Use and Development Code, as amended (LUDO) - Article IV — Administrative Process Section 4-103 and Common Requirements Section 4-101 Article V - Subdivision 5-305 and Submittal Requirements Division 4 III:.. REVIEWPRO.CESS The process to accommodate these requests shall require a Division of Land Application for an amended final plat process pursuant to the LUDO. A. Pre -application Conference. B. Application Submittal, Three (3) paper copies and one (1) electronic copy C. Determination of Completeness, D. Once complete schedule Director Decision date and provide documentation regarding notice requirements, E. Additional Copies requested and requests sent to referral agencies. F. Evaluation by Staff resulting in a Staff Report to the Director. G. Director Decision issued for approval, approval with conditions or denial. H. 10 -day call-up period commences, If no request within 10 days the decision will be final. I. Satisfaction of conditions of approval, if any. J. Land Use Change Permit. I lY,: Q,U LIC `HEARINGS AND NOTICE- - . Public Hearing notices shall be posted, mailed and published pursuant to Section 4-101.E. X None Planning Commission Board of County Commissioners Board of Adjustment Referral will be sent to the following agencies: > Garfield Surveyor Y Aspen Glen HOA/DRB V. - SUBMITTAL • REQUIREMENTS . A. General Application Materials a. Cover letter explaining the request b. Deed to demonstrate ownership c. Statements of Authority (recorded) for each of the trusts d. Application form and fee e. Agreement to Pay Form f. Title Commitments for each lot g. Names and mailing addresses of properties within 200' h. Assessor map indicating properties within 200' i. Mineral Ownership -- Names and mailing address of any severed mineral rights owner (Clerk's Office) — Applicant is required to do research to determine if there are severed mineral owners. This information may be found in a title commitment or in the Clerk's Office, ct4r- •Y4 B. Vicinity Map — typically on the plat C. Copy of existing plat D. Final Plan Map — The Improvements Surveys will function for this requirement E. Draft Amended Final Plat -- see description in 5-402 F. F. Copy of pre -application conference form G, Subdivision Improvements Agreement — request waiver H. CCR's, waiver requested I. Utility locate information J. Letters or correspondence from utility companies regarding acceptance of vacating the 15' easement (7.5' on either side of the common lot fine to be vacated) K. Letter from Aspen Glen DRC VI, APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: $ 100.00 Plus additional Staff time at staff hourly rate of $40.50 Referral Agency Fees: $ Surveyor County Surveyor: $ TBD Recordation; $ TBD Total Deposit: $ 100.00 General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County, The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre -application Summary Prepared by: Kathy Eastley, AICP September 27 2016 Date w whatt below. Call before You dig. Locate Sketch USIC, LLC Phone: 303-278-0275 Dig Area Is: LOC ENTIRE VACANT LOT TO INCL ENTIRE ESMNT ON E/SD OF LOT BETWEEN 504: & 534 DIAMOND A RANCH RD *ACCESS OPEN" *CC CARBONDALE* DIR: DIAMOND A : RANCH RD IS AKA W DIAMOND A RANCH RD THEY ARE MERGING THE 2 ADDRESSES : INTO ONE LOT BUT FOR NOW DIGGING IS GOING TO BE 1N ESMNT & Ticket Number: Excavator: Address: City: Type of Work: Locate Due: Locate Date: A621602332 -00A JAMES DALLMAN 504 DIAMOND A RANCH RD null BACKFILL/GRADING/DRIVEWA Y/LANDSCAPING NE 8/6/2016 8/6/2016 Locator Notes SITE TECH SIGNATURE Bouwhuis, Kevin PRINT NAME CLIENT SIGNATURE PRINT NAME **` CAUTION •** Please make Sure you have visible marks on the ground at all times. This sketch Is epproximate (Not to be used for engineering purposes) Plum: Tonya Uren cotr. f 3iii��CCI; Aspen Glen Lois E55 & E56 Dtito: October 4, 2018 at 3:52 PM To. larreszici,illl11-ifll" I ie;1,r U!li Jim: Thank you for inquiring regarding the location of water and sewer lines between Aspen Glen Lots E55 and E56. My file reflects that your home is located on E56, 534 Diamond A Ranch Road West. My mapping does not show any lines for the Roaring Fork Water and Sanitation District running between those Tots. Thank you, Tanya Uren District Administrator Roaring Fork Water and Sanitation District (970)945-2144 This email has been checked for viruses by Avast antivirus c nunnU software. iY I. www.avast. corn Ilr►rrrt'r►rr'r!t'r'y .-fy.►rrdaliurr at .,Ixpeyr filed, Inc. 1),.nigil Re.; committee mittee September 22, 2016 Ms, Kathy Easticy Garfield County Building and Planning Department 106 8`t' Street, Suite 201 Glenwood Springs, CO 8160 I via mail Re: Lot Tie Lots E-55 & E-56 504 Diamond A Ranch Road West & 533 Diamond A Ranch Road West Dear Kathy. This letter is to confirm that the Aspen Glen Design Review Cotnmiltee (DRC) reviewed the proposed plat amendment to combine Lots E-55 & E-56 (504 & 534 Diamond A Ranch Road West) into one lot at their September 21, 2016 regular meeting. The plat amendment eliminates the building envelope for E-55 and the building envelope for C-56 remains the same. The DRC recommends approval to the Garfield County 13oarcl of County Commissioners with the following conditions: 1. A copy of the recorded amended plat shall be provided w the Aspen Glen DRC. 2, The DRC has only approved the lot tic. Any further improvements to property require DRC review and approval. The DRC noticed property owners within the vicinity of -the project site and no objections were made to the proposed plat amendment. The Aspen Glen DRC recommends approval oldie proposed plat amendment as proposed on the Amended Final Plat of Lot E-55 and E-56, Aspen Glen, Filing No. L. County of Garfield, State of Colorado. The Aspen Glen DRC anticipates the opportunity to rew iew the plat amendment application submitted to Garfield County. if you have any questions please do not hesitate to contact me. Sincerely, Leslie Lamont, Administrator Aspen Glen Design Review Committee Ce: Mr. Jim Dallnrtn IMO Buhl Eagles Iran C"arbrnnlrrle CO 81623 Tel: (970) 963-3363 C moil_ lesltLlarlk,ul (1 usyn•rtplenlrOrrc'orlr 1 RYLEYCARLOCK &A P P L E W H 1 T E Attorneys Benjamin J. Leonard Direct Line: 303.813.6718 Direct Fax: 303.595.3159 bleonard@rcalaw.com December 22, 2016 VIA E-MAIL Ms. Kelly Cave kcave@garfield-county.com Re: The James A. Dallman Living Trust Dear Ms. Cave: A PROFESSIONAL CORPORATION 1700 Lincoln Street, Suite 3500 Denver, Colorado 80203 P 303.863.7500 F 303.595.3159 Offices in Arizona & Colorado www.rcalaw.coin I am an attorney licensed to practice in the state of Colorado. My Attorney Registration Number is 48975. I hereby certify the following information regarding the James A. Dallman Living Trust dated January 22, 2008: BJL: 1. The name of the trust is the James A. Dallman Living Trust. 2. The trust was created on January 22, 2008. 3. The trust was created under the laws of Colorado. 4. The current trustee of the trust is James A. Dallman. 5. As of the date first written above, the trust is valid. Sincerely, Benjamin J. Leonard )2.10-2Q1 GQr Id CoQrd Community Develoorrievit neportment David Re s nic'iok, AICP 1 Oa €''. ; free li. 0)1 Glenwood Colorado a 160 |0 WPbmil may concern. A search won made al the G o.tleld County courthouse through public records to determine PI e fighl o W r era ref the property know 05 Lot E.55 a n d tot E- a Aspen Glen 'ding 41. Th Itached IIThe oltached list Is what wat Icund. Monk nk you James A D ri|Pm ciri K G1h|e e n Marie SC hle ¥l CURRENT MINERAL RIGHTS OWNERS Sandra McCabe, Tenants in Common 772 Castle Drive. Palisade, CO 81.526 Joan Telinde, Tenants in Common 994 Bush Creek Lane, Glenwood Springs, CO 81 f 01 Deborah Chuci Tenants in omr ori 1612 Grand Avenue, Snit, GO 81652 Effects: ail of the NE 1 f4 NW1t4, Lots 4 rS, 6, 7, 10, 11, 19 and 0; that of Lots 8,9 and 13 lying easterly of the Roaring Fork River; and Lois 1 and 12, 3R in Section 20, Township 7 South, Range 88 West of the 8th Principal Meridian_ Effects; Lots 12 and 16. Section 20: Lots 2 and 3, Section 29: a1 h in Township 7 South, Range 88 West of the 6th P rIn cap a t Meridian except that parcel of land described in deed recorded in Book 255 at Page 272 Elia J. C lase (Deceased) 1150 interest in deed recorciad 12/51 In 800k 25.8 a! Page 594 Effects: That portion of Lots 1 and 7, Sect ori 18, TownsiMp 7 South. mange 88 West of the btl7 Principal Meridian Tying southerly and westerly of the Roaring Pork River. Esta Arlene Estes, Joint Tenant P 0 Box K, Meeker, CO 81641 Cora Lea Gantry, Joint Tenant 1380 14 Roan, Loma CO 81524 Ail reserved in deed recorded 5/8150 in Book 250 at Page 271 Effects: Lots 2 and 5, Section 13, township 7 South, Range 88 West of the i6Ihi RrincipeN Meridian. Untied States of America All uranium, thorium or other material essential to the production of fissionable maleriats "'ser' ed in Patent recorded in Book 285 at Page 161 EFfect.L. NE114NW1f41, and Lots 19 and 20. Section 20, Township 7 South, Range 88 West of the 6th Principal Meridian. Tint L. hr ')tike iI r FP irk 41 Br 'n+ RC. Ema re, ?'+ter. T,i iMp *krrlr `++�. Pepin Nig M. sp•iihh �illi�rl dfld}li+�H�ilii :,�Jli %IMAM L kJael rr iif<7'IJtri rY II'J�rIJrlrrtWlrM, L" _1I rLirFg. ' ird+i.r LL1I i-%;1 I m Sir716a JI11%1h:e Cil 11 }11I Dir L4Irir;■., GrJrrd 4 iivt i ;Lir) t LINYIAM4 LJJ1Fr I )LJlkii . 1 yIEF "anrl& 547117 -RPI rem. tkrlin 140. DIA Cleo hipamd Sri 1-117 AyrmW4 uiN4'.a111 Ialtrrtwnd Je1ngk CO, R I Pli1.1 RIME 1010)% 1415.1241 M+Innr.�e I147' 314114.R.Sbll %kilr 1 44l140141,+.R}11.41n1 Ilrooc: 1+117IPI !I14piu IFpwti.ysl IrrtiK r15w x �� + 01 LdMwIhrI Ixeekr[t rk1.!CiIti f alrrid rPk Ln s erxitr Fawner Garfield Colin ry I' I �nr�wrlg [ ll rla� nt PDX gjh StF CO, 04101 Glee a14xId Spring. L10 8101 R1 ' Limes naliman anti. Kathleen — Aspen [ilii ilill 41. - - Amended J incl Filar LOi. F-55 iU !-5•6 (File No FPAA-12-16-8502a [h it I�aarid r pan a#rarr e% rvirmseritili8 Kathltich Mnrir ram it ia- wi#h Iucr c~rare• plarinra urnent 4, in,:lu, iir ate IC:t lker1 Mane. Sc iia' i 1 i -u i Pur your rccrucst. d hereby 1 Irl Lh ;ts ]iaJ i0w a icor the 1,:Lathlten. Maria Sclliati'I Trust_ The risme Of OW TRIO ix tkt K. utth lccn Marie Saiavi num., �. The 1 riot is a rr...ru able ihovine, Ltusr k rn d in (-ulieredc jaad pursuant Gk Colorado law ; . [ � Trug' s meiling asuddrtss is 534 Diamond A Pumal. Raul Carle andallly, CO 316}3; 4. 1 i u trim! f rt131C'C O1 IhL 13 u tit G5 i at111 n MaFIC 11• . .5 Marie Scii.ip.rr t is d t r+ Lr:Lnsirru 1 Sti er, P1 Frgharr+`}. sellr ieu'sr and cilkververcc deal with PeEkI estate. its the Kathleen Erie Schaajw rJ'LCS [ BROWN & BROWN. F�.t RYLEYCARLOCK ti PPLEW 1-1 1 11 E rl ttonw 's .0 jirpin 1. Loos DIRT!. ]jno[ 3a3,113. ji Dincl F' 311319$11.1 FthMittdfrAmulibmi D . mbor 2.2.20 1 e3 VIAI-M►IL Ms. Kelly Om kcave c Licid-county, tom Re: The James A Dalkon n Living Trutt Deur M. Cave: OFE5 51EI N.A L CO RPOIZAT!ON 11100 Lincoln Stred, Suite 35.11]0. Enver, Colorado go203 C7 303,1143,7 F 303.595.3 I3 c Mot* in Ariwong Cararardn www reulew_coii n an attorney lioensc I practice the state of Colorado. My A torncy Registration Number in 4803_ J IYcrcby certify i]ic Foaowirlg inf rmaticit tupparding too Jame, DedIrmin Living Trust detexi January 22T nu; 1. The oat -no of the dost r the James A. Dm Ciman Living. Timet_ Thi tres1 as created on January 72, 20i1$, 3, The 4'osI was cr€aLed l]1] r the laws or Cobrado, The current trnatee of the trust G5 .THmes A. Damn_ 5. As ot` the date first written above, Ow trust G9 valid. BJL; //(F Benjamin J, Lcouand