HomeMy WebLinkAbout07.0 Title CommittmentCommonwealth Title Company
of Garfield County, Inc.
127 E. 5th Street
Rifle, CO 81650
(970) 625-3300 Phone
(970) 625-3305 Fax
Date: December 4, 2017
To: Martin White and Sharon White
2550 Venetian Way
Winter Park, FL 32789
Thank you for your order.
Enclosed please find the following
in connection with our File No. 1710030-3:
❑ Commitment
0 Title Policy
❑ Endorsement
❑ Tax Certificate
❑ Other
allt Commonwealth'
tANO TET4£ SRANCE COMPANY
Policy No.: 42947-1-1710030-2017.8130606-212843061
OWNER'S POLICY OF TITLE INSURANCE
Issued by
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy
must be given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE
EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE
B, AND THE CONDITIONS, COMMONWEALTH LAND TITLE
INSURANCE COMPANY, a Florida corporation, (the
"Company") insures as of Date of Policy and, to the extent
stated in Covered Risks 9 and 10, after Date of Policy,
against loss or damage, not exceeding the Amount of
Insurance, sustained or incurred by the Insured by reason
of:
1. Title being vested other than as stated in Schedule
A.
2. Any defect in or lien or encumbrance on the Title.
This Covered Risk includes but is not limited to
insurance against loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress,
incompetency, incapacity, or
impersonation;
(ii) failure of any person or Entity to have
authorized a transfer or conveyance;
(iii) a document affecting Title not properly
created, executed, witnessed, sealed,
acknowledged, notarized, or delivered;
(iv) failure to perform those acts necessary to
create a document by electronic means
authorized by law;
(v) a document executed under a falsified,
expired, or otherwise invalid power of
attorney;
(vi) a document not properly fled, recorded, or
indexed in the Public Records including
failure to perform those acts by electronic
means authorized by law; or
(vii)a defective judicial or administrative
proceeding.
(b) The lien of real estate taxes or assessments
imposed on the Title by a governmental
authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation,
variation, or adverse circumstance affecting the
Title that would be disclosed by an accurate
and complete land survey of the Land. The
term "encroachment" includes encroachments
of existing improvements located on the Land
onto adjoining land, and encroachments onto
the Land of existing improvements located on
adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance,
permit, or governmental regulation (including those
relating to building and zoning) restricting,
regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any
improvement erected on the Land;
(c) the subdivision of land; or
(d) environmental protection
if a notice, describing any part of the Land, is
recorded in the Public Records setting forth the
violation or intention to enforce, but only to the
extent of the violation or enforcement referred to in
that notice.
6. An enforcement action based on the exercise of a
governmental police power not covered by Covered
Risk 5 if a notice of the enforcement action,
describing any part of the Land, is recorded in the
Public Records, but only to the extent of the
enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a
notice of the exercise, describing any part of the
Land, is recorded in the Public Records.
8. Any taking by a governmental body that has
occurred and is binding on the rights of a purchaser
for value without Knowledge.
9. Title being vested other than as stated Schedule A
or being defective
(a) as a result of the avoidance in whole or in part,
or from a court order providing an alternative
remedy, of a transfer of all or any part of the
title to or any interest in the Land occurring
prior to the transaction vesting Title as shown
in Schedule A because that prior transfer
constituted a fraudulent or preferential transfer
under federal bankruptcy, state insolvency, or
similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title
as shown in Schedule A constitutes a
preferential transfer under federal bankruptcy,
state insolvency, or similar creditors' rights
laws by reason of the failure of its recording in
the Public Records
(i) to be timely, or
(11) to impart notice of its existence to a
purchaser for value or to a judgment or
lien creditor.
10. Any defect in or lien or encumbrance on the Title or
other matter included in Covered Risks 1 through 9
that has been created or attached or has been filed
8130606 ALTA Owners Policy 06/17/06 for CO_306
Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any
derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
Page 1 of 5
or recorded in the Public Records subsequent to
Date of Policy and prior to the recording of the
deed or other instrument of transfer in the Public
Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses
Policy, but only to the extent provided in the Conditions.
IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE
its duly authorized officers.
Countersigned:
Patrick
By:
Authorized Officer or Agent
Patrick Burwell
Commonwealth Title Company of Garfield
County, Inc
127 E 5th St
Rifle, CO 81650-2325
Te1:970-625-3300
Fax:970-625-3305
incurred in defense of any
COMPANY has caused this
COMMONWEALTH
By:
Attest:
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
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.
(b) Any governmental police power. This Exclusion 1(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:
(a) created, suffered, assumed, or agreed to by the
Insured Claimant;
matter insured against by this
policy to be signed and sealed by
LAND TITLE INSURANCE COMPANY
President
Secretary
(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 9 and 10);
or
(e) resulting in loss or damage that would not have
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
laws, that the transaction vesting the Title as shown in
Schedule A, is
(a) a fraudulent conveyance or 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 Title as shown
in Schedule A.
CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a)"Amount of Insurance": The amount stated in Schedule
A, as may be increased or decreased by endorsement to this
policy, increased by Section 8(b), or decreased by Sections 10
and 11 of these Conditions.
(b)"Date of Policy": The date designated as 'Date of Policy"
in Schedule A.
8130606 ALTA Owners Policy 06/17/06 for CO_306
Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any
derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
Page 2 of 5
(c) "Entity": A corporation, partnership, trust, limited
liability company, or other similar legal entity.
(d)"Insured": The Insured named in Schedule A.
(i) The term "Insured" also includes
(A) successors to the Title of the Insured by
operation of law as distinguished from purchase, including
heirs, devisees, survivors, personal representatives, or next of
kin;
(B) successors to an Insured by dissolution,
merger, consolidation, distribution, or reorganization;
(C) successors to an Insured by its conversion to
another kind of Entity;
(D) a grantee of an Insured under a deed
delivered without payment of actual valuable consideration
conveying the Title
(1)if the stock, shares, memberships, or other
equity interests of the grantee are wholly-owned by the
named Insured,
(2)if the grantee wholly owns the named Insured,
(3)if the grantee is wholly-owned by an 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 beneficiary of a
trust created by a written instrument established by the
Insured named in Schedule A for estate planning purposes.
(ii) With regard to (A), (B), (C), and (D) reserving,
however, all rights and defenses as to any successor that the
Company would have had against any predecessor Insured.
(e) "Insured Claimant": An Insured claiming loss or
damage.
(f) "Knowledge" or "Known": Actual knowledge, not
constructive knowledge or notice that may be imputed to an
Insured by reason 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 lines of the
area described in Schedule A, nor any right, title, interest,
estate, or easement in abutting streets, roads, avenues,
alleys, lanes, ways or waterways, but this does not modify or
limit the extent that a right of access to and from the Land is
insured by this policy.
(h)"Mortgage": Mortgage, deed of trust, trust deed, or
other security instrument, including one evidenced by
electronic means authorized by law.
(i) "Public Records": Records established under state
statutes at Date of Policy for the purpose of imparting
constructive notice of 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 filed in the records of the clerk
of the United States District Court for the district where the
Land is located.
(j) 'Title": The estate or interest described in Schedule A.
(k) "Unmarketable Title": Title affected by an alleged or
apparent matter that would permit a prospective purchaser or
lessee of the Title or lender on the Title to be released from
the obligation to purchase, lease, or lend if there is a
contractual condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of
Date of Policy in favor of an Insured, but only so long as the
Insured retains an estate or interest in the Land, or holds an
obligation secured by a 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 force
in favor of any purchaser from the Insured of either (i) an
estate or interest in the Land, or (ii) an obligation secured by
a purchase money Mortgage given to the Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED
CLAIMANT
The Insured shall notify the Company 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 Title, as insured, and that might cause loss or damage for
which the Company may be liable by virtue of this policy, or
(iii) if the Title, as insured, is rejected as Unmarketable Title.
If the Company is prejudiced by the failure of the Insured
Claimant to provide prompt notice, the Company's liability to
the Insured Claimant under the policy shall be reduced to the
extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the
amount of loss or damage, the Company may, at its option,
require as a condition of payment that the Insured Claimant
furnish a signed proof of loss. The proof of loss must describe
the defect, lien, encumbrance, or other matter insured against
by this policy that constitutes the basis of loss or damage and
shall state, to the extent possible, the basis of calculating the
amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
(a)Upon written request by the Insured, and subject to the
options contained in Section 7 of these Conditions, the
Company, at its own cost and without unreasonable delay,
shall provide for 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
of its choice (subject to the right of the Insured to object for
reasonable cause) to represent the Insured as to those stated
causes of action. It shall not be liable for and will not pay the
fees of any other counsel. The Company will not pay any fees,
costs, or expenses incurred by the Insured in the defense of
those causes of action that allege matters not insured against
by this policy.
(b)The Company shall have the right, in addition to the
options contained in Section 7 of these Conditions, at its own
cost, to institute and prosecute any action or proceeding or to
do any other act that in its opinion may be necessary or
desirable to establish the Title, as insured, or to prevent or
reduce loss or damage to the Insured. The Company may take
any appropriate action under the terms of this policy, whether
or not it shall be liable to the Insured. The exercise of these
rights shall not be an admission of liability or waiver of any
provision of this policy. If the Company exercises its rights
under this subsection, it must do so diligently.
(c)Whenever the Company brings an action or asserts a
defense as required or permitted by this policy, the Company
may pursue the litigation to a final determination by a court of
competent jurisdiction, and it expressly reserves the right, in
its sole discretion, to appeal from any adverse judgment or
order.
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a)In all cases where this policy permits or requires the
Company to prosecute or provide for the defense of any action
or proceeding and any appeals, the Insured shall secure to the
8130606 ALTA Owners Policy 06/17/06 for C0_306
Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any
derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
Page 3 of 5
Company the right to so prosecute or provide defense in the
action or proceeding, including the right to use, at its option,
the name of the Insured for this purpose. Whenever requested
by the Company, the Insured, at the Company's expense,
shall give the Company all reasonable aid (i) in securing
evidence, obtaining witnesses, prosecuting or defending the
action or proceeding, or effecting settlement, and (ii) in any
other lawful act that in the opinion of the Company may be
necessary or desirable to establish the Title, or any other
matter as insured. If the Company is prejudiced by the failure
of the Insured to furnish the required cooperation, the
Company's obligations to the Insured under the policy shall
terminate, including any liability or obligation to defend,
prosecute, or continue any litigation, with regard to the matter
or matters requiring such cooperation.
(b)The Company may reasonably require the Insured
Claimant to submit to examination under oath by any
authorized representative of the Company and to produce for
examination, inspection, and copying, at such reasonable
times and places as may be designated by the authorized
representative of the Company, all records, in whatever
medium maintained, including books, ledgers, checks,
memoranda, correspondence, reports, e-mails, disks, tapes,
and videos whether bearing a date before or after Date of
Policy, that reasonably pertain to the loss or damage. Further,
if requested by any authorized representative of the Company,
the Insured Claimant shall grant its permission, in writing, for
any authorized representative of the Company to examine,
inspect, and copy all of these records in the custody or control
of a third party that reasonably pertain to the loss or damage.
All information designated as confidential by the Insured
Claimant provided to the Company pursuant to this Section
shall not be disclosed to others unless, in the reasonable
judgment of the Company, it is necessary in the
administration of the claim. Failure of the Insured Claimant to
submit for examination under oath, produce any reasonably
requested information, or grant permission to secure
reasonably necessary information from third parties as
required in this subsection, unless prohibited by law or
governmental regulation, shall terminate any liability of the
Company under this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall
have the following additional options:
(a)To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance
under this policy together with any costs, attorneys' fees, and
expenses incurred by the Insured Claimant that were
authorized by the Company up to the time of payment or
tender of payment and that the Company is obligated to pay.
Upon the exercise by the Company of this option, all
liability and obligations of the Company to the Insured under
this policy, other than to make the payment required in this
subsection, shall terminate, including any liability or obligation
to defend, prosecute, or continue any litigation.
(b) To Pay or Otherwise Settle With Parties Other Than
the Insured or With the Insured Claimant.
(i) To pay or otherwise settle with other parties for or in
the name of an Insured Claimant any claim insured against
under this policy. In addition, the Company will pay any costs,
attorneys' fees, and expenses incurred by the Insured
Claimant that were authorized by the Company up to the time
of payment and that the Company is obligated to pay; or
(ii)To pay or otherwise settle with the Insured Claimant
the loss or damage provided for under this policy, together
with any costs, attorneys' fees, and expenses incurred by the
Insured Claimant that were authorized by the Company up to
the time of payment and that the Company is obligated to
pay.
Upon the exercise by the Company of either of the options
provided for in subsections (b)(i) or (ii), the Company's
obligations to the Insured under this policy for the claimed
loss or damage, other than the payments required to be
made, shall terminate, including any liability or obligation to
defend, prosecute, or continue any litigation.
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual
monetary loss or damage sustained or incurred by the Insured
Claimant who has suffered loss or damage by reason of
matters insured against by this policy.
(a)The extent of liability of the Company for loss or
damage under this policy shall not exceed the lesser of
(i) the Amount of Insurance; or
(ii)the difference between the value of the Title as
insured and the value of the Title subject to the risk insured
against by this policy.
(b)If the Company pursues its rights under Section 5 of
these Conditions and is unsuccessful in establishing the Title,
as insured,
(i) the Amount of Insurance shall be increased by
10%, and
(ii)the Insured Claimant shall have the right to have the
loss or damage determined either as of the date the claim was
made by the Insured Claimant or as of the date it is settled
and paid.
(c)In addition to the extent of liability under (a) and (b),
the Company will also pay those costs, attorneys' fees, and
expenses incurred in accordance with Sections 5 and 7 of
these Conditions.
9. LIMITATION OF LIABILITY
(a)If the Company establishes the Title, or removes the
alleged defect, lien or encumbrance, or cures the lack of a
right of access to or from the Land, or cures the claim of
Unmarketable Title, all as insured, in a reasonably diligent
manner by any method, including litigation and the completion
of any appeals, it shall have fully performed its obligations
with respect to that matter and shall not be liable for any loss
or damage caused to the Insured.
(b)In the event of any litigation, including litigation by the
Company or with the Company's consent, the Company shall
have no liability for loss or damage until there has been a final
determination by a court of competent jurisdiction, and
disposition of all appeals, adverse to the Title, as insured.
(c)The Company shall not be liable for loss or damage to
the Insured for liability voluntarily assumed by the Insured in
settling any claim or suit without the prior written consent of
the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR
TERMINATION OF LIABILITY
All payments under this policy, except payments made for
costs, attorneys' fees, and expenses, shall reduce the Amount
of Insurance by the amount of the payment.
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount
the Company pays under any policy insuring a Mortgage to
which exception is taken in Schedule B or to which the Insured
has agreed, assumed, or taken subject, or which is executed
by an Insured after Date of Policy and which is a charge or
8130606 ALTA Owners Policy 06/17/06 for CO_306
Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any
derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
Page 4 of 5
lien on the Title, and the amount so paid shall be deemed a
payment to the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been
definitely fixed in accordance with these Conditions, the
payment shall be made within 30 days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR
SETTLEMENT
(a)Whenever the Company shall have settled and paid a
claim under this policy, it shall be subrogated and entitled to
the rights of the Insured Claimant in the Title and all other
rights and remedies in respect to the claim that the Insured
Claimant has against any person or property, to the extent of
the amount of any loss, costs, attorneys' fees, and expenses
paid by the Company. If requested by the Company, the
Insured Claimant shall execute documents to evidence the
transfer to the Company of these rights and remedies. The
Insured Claimant shall permit the Company to sue,
compromise, or settle in the name of the Insured Claimant
and to use the name of the Insured Claimant in any
transaction or litigation involving these rights and remedies.
If a payment on account of a claim does not fully cover the
loss of the Insured Claimant, the Company shall defer the
exercise of its right to recover until after the Insured Claimant
shall have recovered its loss.
(b)The Company's right of subrogation includes the rights
of the Insured to indemnities, guaranties, other policies of
insurance, or bonds, notwithstanding any terms or conditions
contained in those instruments that address subrogation
rights.
14. ARBITRATION
Either the Company or the Insured may demand that the
claim or controversy shall be submitted to arbitration pursuant
to the Title Insurance Arbitration Rules of the American Land
Title Association ("Rules"). Except as provided in the Rules,
there shall be no joinder or consolidation with claims or
controversies of other persons. Arbitrable matters may
include, but are not limited to, any controversy or claim
between the Company and the Insured arising out of or
relating to this policy, any service in connection with its
issuance or the breach of a policy provision, or to any other
controversy or claim arising out of the transaction giving rise
to this policy. All arbitrable matters when the Amount of
Insurance is $2,000,000 or less shall be arbitrated at the
option of either the Company or the Insured. All arbitrable
matters when the Amount of Insurance is in excess of
$2,000,000 shall be arbitrated only when agreed to by both
the Company and the Insured. Arbitration pursuant to this
policy and under the Rules shall be binding upon the parties.
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
(a)This policy together with all endorsements, if any,
attached to it by the Company is the entire policy and contract
between the Insured and the Company. In interpreting any
provision of this policy, this policy shall be construed as a
whole.
(b)Any claim of loss or damage that arises out of the status
of the Title or by any action asserting such claim shall be
restricted to this policy.
(c)Any amendment of or endorsement to this policy must
be in writing and authenticated by an authorized person, or
expressly incorporated by Schedule A of this policy.
(d)Each endorsement to this policy issued at any time is
made a part of this policy and is subject to all of its terms and
provisions. Except as the endorsement expressly states, it
does not (i) modify any of the terms and provisions of the
policy, (ii) modify any prior endorsement, (iii) extend the Date
of Policy, or (iv) increase the Amount of Insurance.
16. SEVERABILITY
In the event any provision of this policy, in whole or in
part, is held invalid or unenforceable under applicable law, the
policy shall be deemed not to include that provision or such
part held to be invalid, but all other provisions shall remain in
full force and effect.
17. CHOICE OF LAW; FORUM
(a)Choice of Law: The Insured acknowledges the Company
has underwritten the risks covered by this policy and
determined the premium charged therefore in reliance upon
the law affecting interests in real property and applicable to
the interpretation, rights, remedies, or enforcement of policies
of title insurance of the jurisdiction where the Land is located.
Therefore, the court or an arbitrator shall apply the law of
the jurisdiction where the Land is located to determine the
validity of claims against the Title that are adverse to the
Insured and to interpret and enforce the terms of this policy.
In neither case shall the court or arbitrator apply its conflicts
of law principles to determine the applicable law.
(b)Choice of Forum: Any litigation or other proceeding
brought by the Insured against the Company must be filed
only in a state or federal court within the United States of
America or its territories having appropriate jurisdiction.
18. NOTICES, WHERE SENT
Any notice of claim and any other notice or statement in
writing required to be given to the Company under this policy
must be given to the Company at COMMONWEALTH LAND
TITLE INSURANCE COMPANY, Attn: Claims Department, P.O.
Box 45023, Jacksonville, FL 32232-5023.
NOTICE CONCERNING FRAUDULENT INSURANCE ACTS
(This Notice is Permanently Affixed Hereto)
It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company
for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines,
denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly
provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of
defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable
from insurance proceeds shall be reported to the Colorado Division of Insurance within the department of
regulatory agencies.
C. R. S. A. § 10-1-128 (6)(a).
8130606 ALTA Owners Policy 06/17/06 for C0_306
Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any
derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
Page 5 of 5
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POLICY OF TITLE INSURANCE
SCHEDULE A
Amount of Insurance: $185,000.00 Policy No. 8130606-212843061
Premium $803.00 File No. 1710030-3
Date of Policy: November 17, 2017 at 5:00 PM
1. Name of Insured
Martin White and Sharon White
2. The Estate or interest in the land described herein and which is covered by this policy is Fee Simple and is at the
date of Policy vested in:
Martin White and Sharon White
3. The land referred to in this policy is described in the said instrument, is situated in the County ofGarfield, State
of CO, and is identified as follows:
See Attached Exhibit "A"
Countersigned: Pa.trick.P. Buswell/
Authorized Officer or Agent
NM 1 PA 10
ALTA Owners Policy (6/17/06)
Form 1190-2 Schedule A
File No. 1710030-3
EXHIBIT "A"
Commencing at the Northeast corner of Section 17, Township 7 South, Range 87 West of the Sixth Principal Meridian;
thence South 55°33'13" West 1001.90 feet to the Northwest comer of said Homestead #13, THE TRUE POINT OF
BEGINNING; thence South 11°16'18" West 1021.60 feet to the Southwest corner of said Homestead and a point on the
Northerly right-of-way line of Panorama Drive; thence North 55°16'00" East along said right-of-way line and Southerly
line of said Homestead 300.99 feet; thence along said right-of-way line and said Southerly line along the arc of a curve to
the right having a radius of 540.30 feet and a central angle of 15°54'24" a distance of 150.00 feet (chord bears North
63°13'12" East 149.52 feet) to the southeast corner of said Homestead; thence North 06°39'25" West 391.86 feet; thence
North 30°24'31" East 423.10 feet to the Northeast corner of said Homestead; thence North 88°32'17" West 350.00 feet to
the True Point of Beginning.
Also known as:
Homestead 13
Panorama Ranches Subdivision
According to the First Amended Plat recorded December 29, 1982 as Reception No. 335560
Policy No. 8130606-212843061
File No. 1710030-3
SCHEDULE B
This Policy does not insure against loss or damage by reason of the following:
1. Rights or claims of parties in possession not shown by the Public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts, which a correct survey and inspection of the
premises would disclose, and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public
records.
5. Unpatented mining claims, reservations or exceptions in patents or in acts authorizing the issuance thereof.
6. Taxes and assessments for the year 2017, not yet due or payable.
7. Any and all water rights, claims, or title to water, whether or not the matters excepted are shown by the public record.
8. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the
premises hereby granted and a right of way for ditches or canals as constructed by the authority of the United States, as reserved in United
States Patent recorded March 17, 1934 as Reception No. 117025.
9. Reservation of all coal and other minerals by the United States of America in instrument recorded March 17, 1934 as Reception No.
117025.
10. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded March 17,
1934 in Book 112 at Page 610. (Affects SWI/4SW I/4 of Section 16 and the S1/2SE1/4 Section 17, Township 7 South, Range 87 West.)
11. Restrictions, which do not contain a forfeiture or reverter clause, but omitting restrictions, if any, based on race, color, religion or national
origin, imposed upon subject property by instrument recorded May 28, 1993 in Book 864 at Page 120.
Amended by instrument recorded September 24, 1996 in Book 993 at Page 301.
Amended by instrument recorded December 1, 1997 in Book 1044 at Page 511.
12. Terms and conditions of the Articles of the Articles of Incorporation of Panorama Ranches Homeowner's Association recorded June 10,
1981 in Book 574 at Page 179.
Agreement recorded June 12, 1986 in Book 689 at Page 824.
13. Terms and conditions of the By -Laws of Panorama Ranches Homeowners Association recorded June 10, 1981 in Book 574 at Page 182.
Amended in instrument recorded August 11, 1986 in Book 693 at Page 1.
Amended in instrument recorded October 19, 1992 in Book 844 at Page 324.
Amended in instrument recorded May 3, 1993 in Book 861 at Page 297.
Amended in instrument recorded March 8, 1994 in Book 894 at Page 823.
Amended in instrument recorded December 1, 1997 in Book 1044 at Page 512.
Amended in instrument recorded December 17, 2009 as Reception No. 779294.
14. Easements. rights of way, setbacks and restrictions as shown on the plat of Panorama Ranches recorded October 10, 1979 as Reception No.
298382.
15. Terms and conditions of Panorama Ranches Homeowners Association Design Criteria and Requirements December 16, 2009 recorded
December 17, 2009 as Reception No. 779295.
16. Panorama Ranches Homeowners Association Inc. Resolution No. Series of 2016 recorded January 24, 2017 as Reception No. 888139.
17. Easements, rights of way and all other matters shown on the Panorama Ranches First Amended Plat recorded December 29, 1982 as
Reception No. 335560.
18. Apparent easement for overhead utilities and all matters shown on Improvement Location Certificate prepared by The Sexton Survey
Company dated July 5, 2017, Job No. 17024.
19. Terms and conditions set forth in Resolution No. 87-1 recorded August 25, 1993 in Book 873 at Page 279.
Exceptions Number 1,2,3 and 4 are hereby omitted.
American Land Title Association Owner's Policy Schedule B Form 2005-47