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Home My WebLink About2.0 Satisfied Conditions of ApprovalCOLORADO Division of Water Resources Depar lr rrer rL ol. Natural Resources WELL PERMIT NUMBER RECEIPT NUMBER 82535-F 9504487 oRTGTNAL PERMTT APPLTCANT(S) KURT TREDE PER,IAIT TO USE AN EXISTING WELL APPROVED WELL LOCATION Water Division: 5 Water District: 38 Designated Basin: N/A ManagementDistrict: N/A County: GARFIELD Parcel Name: N/A PhysicalAddress: N/A NW 1/4 SE 1/4 Section 35 Township 7.0 S Range BB.0 W Sixth P.M UTM COORDINATES (Meters, Zone:13, NAD83) Easting: 311528.6 Northing: 4363489.5 2) 1) 3) 4) s) 6) 7l 8) e) 10) 11) 121 ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL This wett shatt be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury witt occur to another vested water right or preclude another owner of a vested water right from seeking retief in a civil court action. The construction of this welt shall be in comptiance with the Water Well Construction Rules 2 CCR 402-2, untess approval of a variance has been granted by the State Board of Examiners of Water We[[ Construction and Pump lnstallation Contractors in accordance with Rute 18. Approved pursuant to CRS 37-90-137(2) on the condition that this welt is operated as an alternate point of diversion to the Basalt Conduit (if appticable per decree) and in accordance with one or more of the augmentation ptans approved by the Div. 5 Water Court for the Basalt Water Conservancy District in Case Nos. 87CW0155, 93CW0319,98CW0026198CW0089, 01CW0305, &' 07CW0077 (and Case No. 10CW0047 if in Area A-3 as described in decree), or operating pursuant to an approved substitute water supply ptan. lf this wett is not operated in accordance with the terms of said decree(s) or SWSP, it witt be subject to administration inctuding orders to cease diverting water. This wett is known as Trede Wett, BWCD contract #707. Approved for an expansion of use of, an existing welt, constructed on January 27,2005, to a depth of 57 feet, and with replacement pump installation on September, 20,2018, atl under permit no. 235460-A (Receipt no. 9502090) (canceled). The use of ground water from this wetl is limited to ordinary househotd purposes inside one (1) singte famity dwetting, one (1) accessory dwetting unit and the irrigation of not more than 12,000 square feet of home gardens and lawns. The pumping rate of this wetl shal[ not exceed 15 GPM. The annual withdrawal of ground water from this well sha[[ not exceed 1.76 acre-foot. The return flow from the use of this we[[ must be through either a central treatment system, a septic tank and teach fietd system, or an evaporative system, whichever does not exceed the amount specified in the Basalt contract. The owner shatl mark the wetl in a conspicuous location with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. This wett shatt be located not more than 200 feet from the location specified on this permit. A totalizing ftow meter must be instatted on this we[[ and maintained in good working order. Permanent records of a[[ diversions must be maintained by the wett owner (recorded at least annually) and submitted to the Division Engineer upon request. The issuance of this permit hereby cancels permit nos. 235460 (abandoned) and 2354ó0-A (Receipt no. 9502090). NOTE: Expired permit no. 235460-A (Receipt no. 95008528) was previously issued for this tract of land. NOTE: This wellis to be located on a residentialsite of 3.00 acre(s) described as 188 Wittow Lane (County Road472), Carbondate, CO 81ó23. NOTE: Parcel ldentification Number (PlN): 23-2393-354-00-027 Printed 09-27-2018 For questions about this permit call 303.8óó.3581 or go to www.water.state.co.us Page I of 2 l-Q.lf Þrrmn lnagqrrr r g¡ r ¡l,t rr .w 124 West 4th Street Delta, CO 81416 robert@valleypu mpco.com INVO!CT BILLTO Kurt Trede P.O. Box 1144 Carbondale, Colorado B'1623 |NVOICE # 1003 DATE 0912212018 DUE DATE 1OIO7I2O18 DESCR}PTION 4 Hour Well Yield Test WELL YIELD TEST DATA To: Kurt Trede 0188 Willow lane Carbondale, Colorado 81623 RE: WellTest Altn: Kurt, J&M Pump lnc. Performed a 4 hour well yield test at the residence listed above. The Following results were obtained: WelI Depth: 57' Static Water Level: 6.21 Draw down: 13.8' Sustained Yield: 14.8 GPM VIA Totalizing Flow MeterClarity: ClearRecovery: 95% Within 5 MinutesComments: This well production will meet the standard Water usage for multiple Homes. At 350 gallons of water usage per home per day, this well will supply the demands of the three homes. This well is producing 21312 Gallons of water per day! lf you have any questions, please call Robert, 970-355-5956 J&M Pump lnc. Robert Cockerham Lic. No 1Æ14 - ALL PARTS rema¡n property ol J&M Pump, unlil the invoice is paid in BALANCE DUE full. OTY 1 RÃTË 925.00 AMOIjNÏ 925.00 CREDIT CARDS are accepted for an ADDITIONAL 5% processing fee. $925.00 Cotoradc Department of Public Flealth and Ënvirçnment Laboratory Services Division o t n^ f ^..-. D1.,, n--.,ã- -^ o^1r^|' l t,w Lww¡J Phone: 303-692-3090 Fu: 303-3¿14-9989 Analysis Report Work Order#: 19469 (Well Water Ghemical Testing) Description: Glient: Over-the-Gounter Customers Profile: Well Water Ghemical Testing Sampled By: KURT TREDE Sample Summary Lab lD Sample lD Sample Type Test Method Report To: Ghain of Gustody #: KURT TREDE 0188 Willow Lane Carbondale, CO 81623 cab0 1 88@centurylink.net Date Collected Date Received Analytes Reported 1810020065 1 B1 0020065 1810020065 1 B1 0020065 1 B1 0020065 1 B1 0020065 1 B1 0020065 1 81 0020065 1 81 0020065 I 81 0020065 1810020065 275-06 275-06 275-06 27*06 275-06 275-06 275-06 275-06 275-06 275-06 275-06 Water Water Water Water Water Water Water Water Water Water Water D 3739-83 EPA 160.1 EPA 200.7 EPA 200.8 EPA 300.0 EPA 353.2 sM 2320 B SM 25108 SM 4500-H+B Total Coliform and E. coli PIA 10/01/18 15:00 '10/01/18 15:00 10/01/18 15:00 10/01/18 15:00 10/01/18 l5:00 10/01/18 15:00 10/01/lB 15:00 10/01/18 15:00 10/01/18 15:00 10/01/18 15:00 10/01/18 15:00 '10102118 10:3'l 1OlO2l18 1O:.31 1Ol02l'18 10:31 1OlO2l18 10:.31 10102118 1O:31 10102118 10:31 10lQ2l1B 1O:31 10102118 1O:31 101O2118 1O:.3'l 1OlO2l18 1O:.3'l 101O211810:31 1 1 1 I 4 3 1 1 1 1 2 Wednesday, October 24,2O1B 3:03:43 PM Page I of4 MRL= Minimum Reporting Limit; BDL = Below Detection Limit; * = Comment appl¡ed MCL = Maximum Contaminant Limit per EPA regulations; DF = Dilution Factor; mglL - milligrams per l¡ter (ppm); ug/L micrograms per liter (ppb); pCí - picoCuries Report lD: 19469 - 301613 POWERED BY HORIZON' 3004.7.0.0 eolara¿la Department cf Fubtic Heatth and Environment Laboratory Services Division o I A^ I ^,,'-, Þt.,ì nôñ,,-- -^ a^ît^.' l t,v LwwlJ . Phone: 303-692-3090 Fax: 303-344-9989 Analysis Report Work Order#: 19469 (Well Water Chemical Testing) Sarnple Results EPA 92238 (Total Coliform and E. calÍ P/A) Chain of Gustody #: Lab lD: 1810020065 Sample lD:.27ù06 Date Collected: 1Ol1l2O1B 15:00 Collection Site: Date Received: 101212018 10:31 Site Descript-ron: Description: 0lBB WILLOW LANE CARBONDALE CO 81623 KITCHEN FAUCET Sample Type: Water Parameter Results Uníts MRL MCL DF Prepared Analyzed Qual COLIFORM P/A E. COLIP/A ABSENT ABSENT ICP-MS Total Water Metals (EPA 200.8) 101312018 14:44 10131201814:44 Parameter Results Units MRL MCL DF Prepared Analyzed Qual Lead Arsenic Cadmium Uranium lnorganics ( ) 0.00401 <0.001 <0.001 0.00149 mg/L mg/L mg/L mg/L 0.001 0.001 0.001 0.001 0.015 0.01 0.005 0.03 1O11612018 09:49 10/16i2018 09:49 10/16/2018 09:49 1011612018 09:49 1011612O18 16:12 1011612018 16:12 101161201816:12 1011612018 16:12 Parameter Results Units MRL MCL Analyzed QualDF Prepared Sodium Adsorption Raticl lnorganics (D 3739-83) 4O.1 mg/L 1 1012412018 08:15 1012412018 O8:15 Parameter Results Units MRL MCL DF Prepared Analyzed Qual Corrosivity lnorganics (EPA 160.1) 4.45 1 1012412018 08:50 1012412A18 O8:50 Parameter Results Units MRL MCL DF Prepared Analyzed Qual Dissolved Solids Inorganics (EPA 200.7) 370 mg/L 10 500 10141201810:22 Parameter Results Units MRL MCL DF Prepared Analyzed Qual Hardness by SM 23408 Calcium Copper lron Magnesium Manganese Sodium Zinc Inorganics (EPA 300.0) 2-O3 mg/L as CaCO3 mg/L mg/L mg/L mg/L mg/L mg/L mg/L 180 1 1OlSl2018 O6:27 1Ol9l2O18 11:43 <0.01 0.161 0.00310 0.489 <0.002 131 0.759 0.01 0.003 0.002 0.02 0.002 0.1 0.01 1.3 0.3 0.05 5 1 1 1 1 1 1 1 1019120'18 06',27 101912018 O6:27 101912018 06:27 1ol9l2}18 O6.,27 101912018 06:27 101912018 06:27 101912018 06',27 1Ol9l20'l8 11:43 101912018'11:43 101912018 11:43 1Ol9l2Q1B 11:43 101912018'11:43 10/16/2018 09:00 10191201811:43 Parameter Results Units MRL MCL DF Prepared Analyzed Qual Sulfate Chloride Fluoride 120 4.1 <o.25 mg/L mg/L mg/L 't.25 1.25 o.25 4 5 5 5 1011212018 09:13 1011212Q18 09:13 1011212018 09;13 'lOl1'l12018 19:'11 1011112018 19:'11 1Ol1'll2O18 19:'1 lnorganics ( lEPA 353.2) Wednesday, October 24,2018 3:03:43 PM Page 2 of 4 MRL = Minimum Reporting Limit; BDL = Below Detection Limit; * = Comment applied MCL= Maximum Contaminant Limit per EPA regulations; DF= Dilution Factor; mglL - milligrams per liter (ppm); ug/L micrograms per liter (ppb); pGi - picoCuries Report lD: 19469 - 301613 POWERED AY HORIZON 3004.7.0.0 Colcrada Department of Pirbtic l-leatth and Enviranment Laboratory Services Division çlAA I ^--, Þl!,â nêñr,À; a^ e^t2ô Phone: 303-692-3090 Fax: 303-344-9989 Analysis Report Work Order#: 19469 (Well Water Chemical Testing) Sample Results (cont.) Parameter Results Units MRL MCL DF Prepared Ghain of Gustody #: Analyzed Qual Lab lD: 1810020065 Sample lD:275-06 Date Collected; 1Ol1l2O18 15:0O Gollection Site: Date Received:, 1Ol2l201B 10:31 Site Description: Descript¡on: 01BB WILLOW LANE CARBONDALE CO 81623 KITCHEN FAUCET Sample Type: Water Nitrate-Nitrite (N) Inorganics (SM 2320 B) <0.05 mg/L as N 0.05 10 1 1Ol5l2O18 O6:.55 10l5l2O1B O9.51 Parameter Results Units MRL MCL DF Prepared Analyzed Qual AlkaliniÇ Total 240 mg/L as CaCO3 0.5 1 1011012018 14:05 10h012018 08:37 Inorganics (SM 25108) Parameter Results Units MRL MCL DF Prepared Analyzed Qual Conductivity Inorganlcs (SM450A-H+B) 590 us/cm 10 1 1011112018 15:18 1011512018 O6',20 Parameter Results Units MRL MCL DF Prepared Analyzed Qual pH Ad d i ti o n a I I nform ati o n Temperature at Collection: Temperature at Receipt: Water Type: 7.20 Units 61 20.1 DRINKING 0.1 1 1011012018 14:09 'l1l10l2018 08:32 Sample Comme.nts Sample Type: PD ' Alkalinity result is >92 mg/L Bicarbonates and carbonates can clog the nozzles of pesticide sprayers and drip tube irrigation systems and reduce the activity of some pesticides. High carbonatés cause calcium and magnesium ions to form insoluble minerals leaving sodium as the dominant ion in solution. ' Sodium result is >46 mg/L Use of irrigation water high in sodium will usually result in a soil high in sodium but it may take several inigations to cause the change. The crop takes up sodium with the water and it is concentrated in the leaves as water is lost by transpiration. Damage (toxicity) can result if sodium accumulates to concentrations ihat exceed the tolerance oÍ ihe crop. Leaf bum, scorch, and ciead tissue along the outside edges of leaves are typical symptoms. ' HUMAN HEALTH Arsenic, Cadmium, Copper, Lead, Uranium, Fluoride, Nitrate/Nitrite concentrations are below EPA health-based standards. lron, Manganese, Zinc, pH, Solids-Dissolved, Sulfate and Chloride levels meet EPA aesthetic-based standards. Based on these results, the water is safe for human consumption. ' IRRIGATION The sodium adsorption ratio (sodicity) is 40.1. The conductivity (salinity) is 590 uS/cm. The sodium and chloride concentrations (toxicity) are 131 mg/L (recommended level <46 mg/L) and 4.1 mg/L (recommended level <140 mg/L), respectively. The alkalinity is 240 mg/L (recommended level <92 mg/L). Analysis Result Comments Analyte: COLIFORM P/A ' A COLIFORM P/A result of 'ABSENT' ind¡cates a microbiologically safe sample , Coliform was absent or less than one (<1) Coliform per 100mL Analyte: Corrosivity ' The Corrosivity lndex is < -0.5, which indicates that the water is considered aggressive and may deteriorate plumbing Wednesday, October 24,2O1B 3:03:43 PM Page 3 of 4 MRL= Minimum Reporting Limit; BDL = Below Detection Limit; * = Comment applied MCL = Maximum Contaminant Limit per EPA regulations; DF = Dilution Factor; mg/L - milligrams per liter (ppm); ug/L micrograms per liter (ppb); pCí - picoCuries Report lD: 19469 - 3016'13 HORIZON' 3004.7.0.0 Cotorado Department of Public Health and Environment Laboratory Services Division 8100 Lorvry Blvd. Denver, CO 80230 Phone: 303-692-3090 Fax: 303-3¿14-9989 Analysis Report Work Order #: 19469 (Well Water Ghemical Testing) Sample Results (cont.) Chain of Gustody #: Lab lD: 1810020065 Samplg lD: 27$06 Date Collected:, 101112O18 15:00 Collection Site: Date Received: 101212018 10:31 Site Description: Description: 01BB WILLOW LANE CARBONDALE CO 81623 KITCHEN FAUCET Sample Type: Water Analyte: E. COLI P/A . An E.COLI P/A result of "ABSENT' indicates that E.coli was NOT DETECTED. Anal¡rte: Sodium Adsorption Ratio . A Sodium Adsorption Rate (SAR) of >25: Generally unsuitable for irrigation use. Analyte: pH .H Wednesday, October 24,2018 3:03:44 PM Page 4 ol 4 MRL= Minimum Reporting Limit; BDL = Below Detection Limit; * = Comment applied MCL= Maximum Contaminant Limit per EPAregulalions;DF= Dilution Factor; mglL - milligrams per liter (ppm); ug/L micrograms per liter (ppb); pCi - picoCuries Report lD: 19469 - 301 61 3 POWEREÐ BY HORIZON' 3004.7.0.0 COLORADO DIVISION OF WATER DEPARTMENT OF NATURAL RESOURCES ,ra'ra QL¡EÞrr^N ST Sfe 1?'! DFNVFR- CO 80203¡g ag 9¡¡Li1¡-¡^¡i 9 -.t v¡e v!tr v-r!r -'!t Main: (303) 866-3581 dwroermitsonline@ RESOURCES RES I D E NTIAL Noto: Also uso this form to. applv for livestock waterins Water Well Permit l\PPlication Revie,w form instruct¡ons Hand completed forms m prior to completing form. ust be completed in black or blue ink or typed' t HËöË1tÞo stP 1 $ 2018 ivision 5 Water Resources Glenwood Springc 6. Use Of Well (check applicable boxes)licant lnformation TREDE 1 Mailing addréss PO BOX 1144 Z¡p æde 81623 Statê coC¡ty CARBONDALE RYLINK.NET9709631690CABOl Of Application2. See instructions to determine use(s) for which you may qualify E A' o¿ff3,T.["å'ffilo ut" in one sinsle-ramilv dwellins I B. Ordinary household use in 1 to 3 single-family dwellings: Number of dwellings: !-- Ë Home garden/lawn iryigalioq not to e¡cefd one ?cre: ireà i^g tea /6t 5-oz Vsq' ft.FJ acre [f Domestic animal watering - (non+ommercial) fl C. Livestock watering (on farm/ranctr/range/pasture) 7. Well Data (proposed) Construct new well Replace existing well Use existing well E Change source (aquifer) E Reapplication (expired Permit) El Rooftop precip. collection Water Coürt €se ca bla or rncfease use 3, ReferTo pe(nit # E other: tltlIt acre-feet Annual amount to be withdrâM 1759gpmMaximm pump¡ng rate 15 Aqu¡ferTotral depth feet57 ls this parcel within boundaries of a water service area?El NO 8. Water Supplier tf name of nareBasin 707Water Conserva 4. Location Of See lnstructions NW 1¡ao¡¡¡" SE tra 9. Type Of Sewage System Principal Meridian 6THrrlx7 ToMship N ors Rânge E orw 88 EFT Section 35 ñot ProPertY lines) Fr.ftom-"-iN tXS 2200 rtrumEE flw1700 El Central systemt District name: - E Vault Location sewage to be hauled to: D Other (explain) ll Septic tank / absorption leach field Well Driller License10. to new wlld¡stanæ and D¡rectionfeet I l. s¡g n or Enter Name of Applicant(s) or Author¡zed Agent¡f well address ¡s same as ¡n ltem 1' 01B8 WILLOW LANE, CARBONDALE, CO 81623 oÞt¡onal: GPS wall location informtion in UTM fomat- GPS unit settings are as follom: herein constitutes perjury in the second a class 1 misdemeanor pursuant to C.R.S. 2+4-104 (13Xa). I have read the thereof and state that thev are true to-.ny knowledge' The making of false statements degree, which is punishable as statements herein, know the contents Sign or enter 12018Fâstind:- Northing: R€member to set Datum to NAD83 -fsisnñsjJijlna t¡¡t7 KURT TREDE Format must be UTM nZonsl2odfi Zone13 UniE musl be MeteF Datum must be NAD83 Unlt must be set to true north Was GPS unit checked for abovê? E YES Cffice Use Only5. ParcelOn Which WellWill Be Located a current deed for the subject parce¡)ffou must attach DWR rop no.USGS mp nam A. You must check and complete one of the following: E County exemption (attach copy of county approval & survey) I Parcel less than 35 acres, not in a subdivision attach a deed with metes & bounds description recorded prior to June 1,1972, and cunent deed E M¡ning claim (attach copy of deed or suruey) Name/#: E Squ"t" 40 acre parcel as described in ltem 4 E Parcel of 35 or more acres (attach metes & bounds descr¡ption or survey) fl Other: (attach metes & bounds description orslrvqy) -'- Namel# Block Filing/Unit E Subdivision: Name Lot Lot # the omer of this parcel? NO you E¡ C. ere EI YES B. # of acres in parcel 3 D. will lh¡s be the only well on ttús parcd?lîl vesfff no (¡r no - list other wells) E. søte Parcd to#3ø_f AOUAMAP WDDIV BA- MD - WE WR CWCB TOPO MYLAR sB5 ñ Land Title Guarantee Company Date: 12-15-201-6 l^andTtth. C til ¡.Âñ11'rÊ C¡l\rsü!¡Í .......".\i"n:rr r ù$l**'.. BANK OF COLORADO 901. GRAND AVENUE GLENWOOD SPRINGS, CO 8]"601 Loan No.: TREDE Enclosed please find your loan policy insuring the property located at 188 WILLOW LANE, CARBONDALE, CO 81623 and owned by KURT N. TREDE. The following endorsements are included in this policy: Please review this policy in its entirety. ln the event that you find any discrepancy or if you have any questions regarding your policy, you may contact: Post Closing Department Phone: 303-850-4L58 Fax: 303-393-4950 Please refer to our Order Number 63011332. We at Land Title Guarantee Company believe in delivering quality products that meet your needs and our goal is to provide the most etficient, reliable service in the industry. Thank you for giving us the opportunity to serve you. ++* *+* LOAN POLICY OF TITLE INSURANCE Ì ANy NortcF oF ct AtM AND ANy orHER Notc' oR 'r^TEMENT rN wRrtNG RËeurRED To BE GrvEN To rHE coMpANy *uNoER THls PoLlcY MUsT BE clvEN To THE coMPANY AT THE ADDRËss sxowÑ lt¡ sEcTtoN 1z oF THE co¡lòtÏorus, T¡COVERED RISKS * suBJEcr ro rHE ExcLusroNs FRoM covERAGE, THE ExcEproNs FRoM cov.RAGE CoNTATNED rN scHEDULE BANO THE CONDITIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a tvlinnesota corporation, (,,theCompany')' insures, as of Date of Policy and,lo the enent stâted in covered Risks r., 13, and 14, after tjate of Roìicy, against exceed¡ng the Amount of lnsurânce, sustained or incurred by the lnsured by ¡eason of: '* * + 1. T¡tle 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 lim¡ted to insurance aga¡nst loss from(a) A defect in the Title caused by (i) lorgery, traud, undue ¡nfluence, duress, incompetency, íncapacity, or impersonation; (ii) fa¡lure ot any person or Entity lo have author¡zed a trånsfer or conveyance; (ii¡) a document affecting T¡tle not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) lailure 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 anorney; (v¡) â document not properly filed, recorded, or indexed in the Public Records including îa¡lure to perform those acts by electronic means aulhor¡zed by law; or (vii) a defect¡ve ¡ud¡cial or administrative proceeding. (b) The lien of real estate tãxes or âssessments imposed on the Ïtle by a governmental authority due or payable, but unpaid, (c) Any encroåchment, encumbrance, vio¡ation, var¡ation, or adverse circumstance affect¡ng the T¡üe that would be d¡sclosed by an accurate andcompletelandsurveyoftheLand. Thelerm"encroachment"includesencroachmentsofex¡stingimprovementslocâtedontheLandontoadjoining land, and encroachments onto the Land of existing ¡mprovements located on adjoining land.3. unmarketable Title.4. No r¡ght otaccess to and from the Land.5. Theviolationorenforcementofanylaw,ord¡nance,permit,orgovernm€ntal regulation(includ¡ngthoserelatingtobu¡ld¡ngândzoning)reslr¡ct¡ng, regulating, prohibit¡ng, or relating to (a) the occupancy, use or enjoyment of the Land; (b) the character, dimens¡ons, or locâtion of any ¡mprovement erected on the Land; (c) the subd¡vis¡on of land; or (d) env¡ronmental protection ¡f a notice, describing any pan of the Land, is recorded in lhe Public Records sett¡ng forth the v¡olation or intention to entorce, but only to the extent of the v¡olat¡on or enforcêment toferred to in that not¡ce. 6. An enlorcement action based on the exerc¡se of a governmental pol¡ce power not covered by covered Risk 5 if a notice of the enforcement act¡on, describing âny part of the Land, is recorded ¡n the Public Records, but on¡y to thê êxtênt of ihe enforccmcnt rcferred to in thåt noi¡ce.7. Theexerciseoftherightsofem¡nentdomainifanot¡ceollheexercise,describinganypanoftheLand,rsrecordedinthepubl¡cRecords. 8. Any taking by a governmental body that has occurred and ¡s binding on the rights of â purchaser tor value w¡thout Knowledge.L Theinval¡dityorunenforceâbilityofthel¡enofthelnsuredlúongageupontheT¡tle.ThisCoveredRiskincludesbutisnotl¡mitedtoinsuranceagainst loss from any of the following impairing thê lien of the tnsured Mongage (a) forgery, frâud, undue ¡nfluence, duress, incompetency, ¡ncapac¡ty, or impersonation; (b) failure of any person or Ent¡ty to.have authorized a lransfer or conveyance: (c) the lnsured Morlgage not being properlycreated, executed, w¡tnessed, sealed, acknowledged, notarized, or deliver€d: (d) failure to perform those acts necessary to create a document by electronic means author¡zed by law; (e) a document executed under a falsified, expired, or otherwise invatid power of aÍorney; (f) a document not properly 1iled, recorded, or indexed ¡n lhe Public R€cords including tai¡ure to perform rhose acts by electronic means authorized by law; or (g) a defective jud¡cial or adm¡nistrative proceed¡ng. 10. The lack of prior¡ty of the lien of the lnsured Mortgage upon the Title over any other l¡en or encumbrance. 11. The lâck of priority of the lien of the lnsured Mortgage upon the Ïtle (a) as security for eâch and every advance of proceeds of the loan secured by the lnsured Mortgage over any statutory lien lor services, labor, or materiâl arising from conslruction of ân ¡mprovement or work related to the Land when the improvement or work is e¡ther (i) contracted for or commenced on or before Date of policy; or (¡¡) conÙacted fo¡, commenced, or cont¡nued after Date of Poliey ¡f the construction is finãnced, in \1hole or in part, by proceeds of the loan secured by the lnsured Mortgage that the lnsured has advanced or is obligated on Date of pol¡cy to advance; and (b) over the lien of any assessments for street improvemenls under construction or completed ât Date of policy. loss or damage, nol lssued through the Otfice ol: LAND TITLE GUARANTEE COMPANY 303:I E lST AVE #600 DENVER, CO 80206 303.850-4 165 OLD REPUBLIC NATIONAL T¡TLE INSURANCE COMPANY A Stock Company 400 Second Avenue South Minneapolis, Minnesota 55401 (612) 371-1111 - AMÈRICAN Mark Bilbrey, President ^S5OC rÀTION .ù*iä''trrr ',,-,-'";,1,ff74r22'"--_-_tAtìl.P.IlI!.ç John E. Freyer, President Rande Yeager, Secretary copyright 2006-2015 Ameflcån Lând ftle Associat¡on. All rights r€served. lhe use of th¡s torm ¡s restricted to ALTA l¡censees and ALTA memb€rs in goodstandingasotlhedateofuse. Alloherusesareprohib¡led, ReprintedunderlicensefromtheAmericanLandïleAssoc¡at¡on. AMER¡CAN LAND TtTLEASSOCtATtON LOAN pOLtCyAdopred 6-17-06 al,06.pot¡cy.po1.on.odr ffi 1? Thc inrrali¡liru n¡ rrna¡ln¡¡a¡hili¡¡ ^l â^r, ^-¡i^^ñ^^. ^..!- r--..-^rI ¡rc ¡¡rYú¡¡uii)/ ui u¡¡ü¡i¡uruçúurrlly u¡ aíìy ass¡gnmefi¡.ol ine ¡i''Süíeû iviOäQASe, PrÛvjded lire aSsignment is shown ¡n Scheduie Â, or the lã¡¡ute ol theassignment shown in schedule A 10 vest tide ro the lnsured Mortgåge ¡n rni nàmeo tnsureo ass"igneå lã" äñJãr!", of a¡ l¡ens.13 The inval¡dity, unenfolceabilily, lack of prlorþ, or avoidance ot thé lËn of rhe tnsu¡€d Morrgage ,ñon tr.,ã lilä- - - (a) resulting frotn the avuidance in whole or ln pan, or hom a court order providing an aheinãtive'reméay, oiãny rr"n=fer of all or any pan of rhe title roor any interest in the Land occurrinq prior to the transadion crearing rh€ lien of thã lnsured Mongate oó"ro irtà, prior transfer corlriuted ; - ' fraudulênt or prefelential Íansfct ulltler federal bankruptcy,.sale lnsolvency, or similar creditors;rig-hts lawslãr(b) beca¡rse lhe lnsured Mongâg€ constitutes a preferéntiâi transfer under íèderal ¡anlrupicy, itarä l-r*r"ãåðv, or similar creditors, righrs laws byreason of lhe fai¡ure or ¡ts recording in the public Records (¡) to be rimely, or (il) to ¡mpart notice of its existence to a purchaser for value or to a ludgmenl or lien creditor.14' AnydeleclinorlienorencumbranceontheTilleof olhef maner includedincovãredRiskslrhtough13 lhathasbeencfeatedoranachedorhas , been filed or recorded in lhe Public Records subseguent lo Date of Policy and prior to the recording-of the tniureo uongage in the public Records. The Company will also pay lhe costs, attorneys'fees, and expenses incuned in delense ol âny maner insured aga¡nst by this policy, but only to the e}nentprovided ¡n the Condit¡ons. EXCLUSIONS FROM COVERAGE The following maners are exptessly excluded lrom the co/erage of lhis policy, and the company will no¡ pãy loss or damage, costs, attorneys,fees, or expensesthat ar¡se by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (¡ncluding thos€ relating to build¡ng and zoning) restricring, regulating, prohibiting or relar¡nglo (¡) lhe occupanry, use, or enjoyment of ftê Land; (¡i) the characte¡, dimensions, or location of any lmprovement 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 Rlsk S. (b) Any governmenhl police power, This Exclusion 1(b) does not modify or limiilhe coverage provided under covered R¡sk 6. 2. Rights of eminent domain. Th¡s Exclusion does not modify or limil lhe coverage provided under Covered Risk 7 or g, 3. Defects, l¡ens, encumbrances, adverse claims, ot olher matters (a) creâted, suffered, assumed, or agreed lo by lhe lnsured Claimant; (b) not Known lo the Compâny, not recorded in the Public Records at Dale of Policy, but Known to the lnsured Claimant and not discbsed in wriring ro lhe Company by the lnsured Claiman¡ prior to the date the lnsured Chimant became an lnsured under th¡s policy; (c) resulting in no loss or damage to the lnsured Claimant; (d) anaching or created subsequent to Date of Policy (howe\€r, th¡s does not modi! or lim¡t the coverage provided under Covered Risk lt, 13 or 14): or (e) tesulting In loss or damage that would not have been sustained íf the lnsured Claimant had paid value foilhe tnsured Mongage. 4. Unenforceability of the lien of the'lnsured N4ortgage because of the inability or fa¡lure of an lnsured to comply with applicable doing-business hws of the stare where the Land is situa¡ed. 5. lnvalidity or unenforceability in whole or in part of the l¡en of the lnsured Mongage that aris€s oul of the transâct¡on evidenced by lhe lnsured Mortgage a¡d is based upon usury or åny @nsumer cred¡t protedion or truth-in-lend¡ng law 6. Any cla¡m, by reason ol the operal¡on of federal bankruptcy, sate insolvency, or sim¡lar credi¡ors' rights hws, that the transadion creat¡ng rhe I¡en of the lnsured Mortgage, ¡s (a) a fraudulent conveyance or Traudulent transfe¡ or (b) a prelerenlial lransfer for any reason not tated in Covered Rbk 13(b) of rhis policy. 7. Any lien on lhe IÍtle lor real estale laxes oÌ assessmenb imposed by governrn€ntal authority and created or anaching between Dale of policy and the dâle of recording of lhe ln$red Mortgage in lhe Public Records. This Exclus¡on does nor modify or limit rhe coverage-provided under Co¿ered Risk 11(b). CONDITIONS 1. DEFINITION OF TERMS The lollowing lerms when used in this policy mean: (â) "Amount of lnsurance": The amounl stated ¡n Schedule A, as may be increased or decreased by endorsemenl to th¡s poliry, increased by Section 8(b) or decreased by Sect¡on 10 of these Conditions. (b) "Dare of Policy': The dale designated as "Da¡e of policy' in Schedute A. (c) "Ent¡ty'i A corporation, pannership, trusl, lim¡ted liabilþ company, or orher similar legal enriry. (d) "lndebtednesS': The obligation secured by the lnsured Mongaoe including one evidenced by electronlc means aurhor¡zed by law and if lhar obligation is the payment ol a debt, rhe Indebtedness is the sum of (i) the amount of lhe principal disbußed as of Date of policy: (¡¡) the amount of the principal disbursed subsequent to Date of pollcy: (iii) the construclion loan advances made subsequent to Date ol Pol¡cy lor lhe purpose of f¡nancing in whole or ln pan the confruction of an ¡mprovemenl to the Land or lelated lo úe Land that the lnsured was ånd conlinued to b€ obl¡gated to advance at Date of pol¡cy and ât the date of the advance: (lv) ¡nrerest on rhe loan; (v) the prepaynEnt premiums, ex¡t fees, and other similar lees or penalties allowed by hw; (v¡) the expenses of foreclosure and any other cosE of enforcement; (vii) the amounts advanced to assure complience wirh laws or to protect the l¡en or the priorlty of the lien of the lnsured Mortgage belore the acquisition of the estate or interest ¡n the Title; (viii) th€ amounts lo pay taxes and insurance: and (ix) the reasonåble åmounts expended lo prevelll deteriurätion of lmprovements; but the lndebtedness is reduced by rhe toral of allpayrnenrs and by rny amounr fdrfliven t¡y Bn lnsured, (e) "lnsured": The lnsured named in Schedule A. (i) The term "lnsured' also includes (A) the owner of the indebtedness and each successor in ownership of the lndebtedness, vvhether the owner or successor owns the lndebtedness for its own account of as a lruslee or other fiduciary except a successor uho is an obligor under theprovisions of Secdon 12(c) of these Conditions; (B) the person or Entity who has "control' of the'Ìransferable recr¡rd," if rhe lndebredness ls evidenced by a'Iransferable record," as these terms ate defined by appllcable electronic transactions law: (C) successors to an lnsured bydissolution, merge¡ consol¡dation, distribut¡on, or reorganization; (D) successors to an lnsured by iE convers¡on to another kind of Entity; (E) a grantee of an lnsured under a deed delivered withou¡ paymenl ol acîual valuable cons¡deration conveying rhe Tirle (1) if the stock, shares, memberships, or other equ¡ty interests of the grantee are wiolly-owned óy t-he named lnsured, (2) ¡f fte grântee wholly owns the names lnsured, or (3) il the grantee is wholly-owned by an affiliated Entity of lhe named lnsured, provided the affiliated En(¡ry and the nåmed lnsured are both lvholly-owned by the same person or Entity; (F) any government agency or instrumentaliry ùal is an insurer or guaranlor under ân insurânce contract or quaranry insuring or guaranteeing the lndebtedness secured by the lnsured Mortgage, or any pan of it, whethet named as an lnsured orîot; (ii) Wilh regârd lo (A), (B), (C), (D), and (E) reseMng, however all righß and defenses as to any successoÌ lhat the Company would have had against any predecessor lnsured, unless lhe successor acquired the lndebtedness as a púrchåser for value withou knóWedge of the assened deiect, lien, encumbrance, or olhe¡ maner insured agains by this poliqf. (f) "lnsured ClaiÍìanf':An lnsured cla¡ming loss or damage, (g) "lnsured Mongage": The Mongage descr¡bed in paragraph S of ScheduleA. (h) "Knowledge" or "Known": Aclual knovvledge, not construc{ve knowledge or notke that may be ¡mputed to an lnsured by reason of the public Records or any o¡her records that impart constructive notlce of maners affecting the Ïtle. (i) "Land": The land described in Schedule A, and atñxed improvern€nts thâl by law cons¡ilute real property. The lerm "Land" does not include any property beyond ùe lines of lhe area described in schedule A, nor any righl, l¡tle interest, e$ate, or easement ¡n abutting slreets, roads, avenues, alleys, lanes, wåys, or r%terways, bur this does not modify or l¡mh rhe eritent that a right of access lo and lrom the Land is insured by this policy, 0) "Mongage'1 Mortgage, deed of rrusl, trust deed, or other sceurity ¡ns¡rumenl, inelud¡ng one evidenced by electronic means authorized by law (k) "Public Records": Records elablished under lale statutes as Date ot Policy for the purpose of impaning constructive notice of maner relaring ro teal property to purchasers lor value and wilhout Knowledge. With respect to Covered Rbk 5(d), "Public Records" shall also include environmental protections liens filed in lhe records of the clerk of lhe Un¡ted States Districl Coun for rhe dislrict where rhe Land is located. (l) "Thle": The estate or int€re$ described in Schedu¡e A. (m) "Unmarkeøble Tille"l Title affected by an alleged or apparen¡ rnafler rhat $rould permit a prospeclive purchaser or lessee of the Title or lender on the Ïtle or a prospectlve purchaser ol lhe lnsured Mortgage 10 be released from the obligat¡on to purchase, lease, or lend if the¡'e ls a contractual condit¡on requiring the delivery ot marketable title. 2. CONTINUATION OF INSURANCÊ The coverage of this policy shall continue in force as of Date ol Policy in fâvor ol an lnsured åtter acquisition of the Tiüe by an lnsured or afrer conveyance by an lnsured, but only so long as the lnsured retalns an esale or interest in the Land, or holds ån obl¡gation secured by a purchase money Mortgage given by a purchaser lrom he lnsured, or only so long as fhe lnsuÍed shall have liâbillty by reason of warranties in any transfer or cûnvêyance of the 'fille. Th¡s pol¡ry shall not cont¡nue in force in favor of any purchas€r tom fte lnsured of either (i) an esale or intereg in the Land, or (ii) an obl¡oarion secured by a purchase m-oney Mortgage given to the lnsured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CI-AIMANT The lnsured shall notify lhe company promplly in wf¡ting (i) ln case of any litigarion âs set tonh ¡n section 5(a) of these cond¡t¡ons, (ii) in case Knowledge shall come to an lnsured of any chim of tille or interest that is ådverse to the Tltle or the lien ol the lnsured Mortgage, as lnsured, and mat'rnignr cause loss ır damage for which the Compâny may be liable by vinue ot this policy, or (iii) if the Ttle or lhe lien of the lnsured Mongage, as insured, ls rejeoed ãs Unmarketable Tirle. tf the company is prejudiced by lhe lailure of the lnsured claimanl lo provide prompt notice, the Companys llabil¡ry to rhe lnsured Ólaimanr under the pot¡ry shall be reduced to the extent of the prejudice. 4, PROOF OF LOSS ln the event the Compåny is unable 1o delermine lhe amount ol loss or damage, the Company may, at its op¡ion, require as a cond¡tion of payrnent ùat the lnsured clairnant turnish a signed proof of loss. The proof of loss must describe the delect, lien, encumbrance, or other manet ¡nsured againt by this policy thar conslitules the basis of loss ot damage and shall ståte, lo the eÍenl possible, the basis of calculating the amount of the loss or damage. 5, DEFENSE AND PROSECUTION OF ACTIONS (a) Upon wrinen request by the lnsured, and subjec{ to the opt¡ons conta¡ned in seciion 7 ol lhese cond¡tions, the company, aÌ hs owrì cog and wilhoul unreasonable delay, shall provideforüedetenseof an insured in lit¡gal¡on in which anythlrd panyassens aclaim coveiedþthispolicyadversetothe Insured, This obligation is lim¡ted to only lhos€ staled causes of acllon alleging rnsners insured against by rh¡s policy. The Company siìall have the righl to select couns€l of ils choice (subiect ¡o the rþht ol the Insured lo object for r€asonable cause) to represent the lnsured as to those stated causes of action. it shall not be liable lor and will nol pay lhe tees of any other counsel. The Company will not pay any fees, costs, or expenses incutred by the lnsured in the delerse of those causes of acl¡on that allege maneni not insured aoâ¡nst by this pol!cy, (b) The Company shâll have the righl, in addition to the opt¡ons contained in seclion 7 of lhese cond¡t¡ons, at its own cost, lo inst¡tule and prosecute any adionor procccdino or lo do any othcr act thal in is opinion may be necessary or desirable to eståbl¡sh tlte'Ítle or rhe llen ot rhe hsured Mongabe, as insureá or roprevent or reduce loss or damage lo the lnsured. The Company may take any appropriate action under lhe lerms of this ¡rollcy, whether ör *noi is stlait Uà ILUIe ro this subs€ct¡on, it must to do d jligentv. (c) whenever the Company brings an action or a,asens a defense as required or permiüed by this policy, the Company may pursue the l¡tigadon ro a f¡nal determination by a court of compe¡ent jurisdiclion, and it expressly reserves the right, in its sole discret¡on, to appeal any adverse judgmeñt or order. 6. DUTY OF INSURED CLAIMANTTO COOPÊRATE (a) ln all cases wttere this pol¡qy permits or requires the Company to prosecule or provide for the defense of any action or ptoceeding and any appeals, the lnsuled shall secure to the Company the r¡ght to so prosecute or provlde delens€ in the action or proceeding, including the r¡ght to uie, ar itsbpiión, the name of the lnsured for this purpose. Vvhene\er lequ€sled by the Company, the lnsured, at the Companys expense, shall give the Company âll reasonable a¡d (i) in securing evidence, obtaining witnesses, prosecuting or defend¡ng the actlon or proceeding, or eiecting senlement;and (ii) in any oíher hwful act that in't'he opinion of ùe company may be necersary or desirable to establish the Tltle, the lien of fie hsured Mongage, or any other maner as insured. lf rhe Company is prejudiced by the failure of the lnsured to furnish the regu¡red cooperatlon, the Company's obligations to th€ lnsured unde¡ the policy shall terminale, inctirOing any liab¡lity or obligalion ¡o defend, prcsecute, or continue any litigat¡on, with regard to the maner or maners requir¡ng such cooperation. (b) The Company may reasonabÌy requhe the lnsured Cla¡mant to submft lo examinalion under oalh by âny authorized representative of the Company and 10 produce for examination, ¡nspeclion, and copying, at such reasonable times and places as may be designated by the author¡zed representative of the company, all records, in whatever medium ma¡nta¡ned, including books, ledgers, checks, memoranda, correspondence, repons, e-mails, disks, tâpes and v¡deo6 whether bearing a date before or afier Date of Policy, that reasonably perta¡n to the loss or damage. Funher, if requested by any authorized representative of the Company,thelnsuredClairnantshall granlits p€rmission,inwriting,fotanyauthorizedrepresentativeoltheCompanytoexamine,inspect,andcopyall of these records in the custody or control of a th¡rd. party thal reasonably pertain lo the loss or damâge. All information deslgnated as conlidenthl by rhe tnsuiód claimanl provided lo lhe company pursuant to this Secl¡on shall not be disclosed to othen unless, ¡n the reasonable judgmenl of the compâny, it is necessary in the administration of the cla¡m. Failure ol the lnsured Claimanl to submit for examination unde. oath, produce any reasonably requesed infonnation, or grant permission to secure reasonably necessary information lrom third parties as required in lhb subseclion, unless prohibhed by law or governmenul regulaljon, shall rerminare any liabil¡ry of the Company under lhis policy as lo lhat cla¡m. 7. OPTIONS TO PAY OR OTHERW|SE SETTLE CLAIMS;TERMINATION OF LIABILITY ln case of a claim under thb policy, the Company shall have the following add¡ùonal options: (a) To Pay or Tender Paymenl of the Amounl of lnsurance or to Purchase the lndebtedness. (i) To pay or tender payment of the Amount of lnsurance under this pol¡cy together with any cæts, anorneys'fees, and expensed incuned by the lnsured Claimanr lhat were authorized by thc Company up lo the l¡me of payment or tender of payment and that ihe Company is obligated to pay; or (li) To purchase the lndebtedness for the amounl of the lndebledness on lhe date of purchase, together wirh any costs, aÍomeys' lees, and expenses incurred by the lnsured Claimant that were aühorized by the Company up to the time of purchase and rhar rhe Company is obligated to pay. When the Company purchases he lndebtedness, the lnsured shall ransfer, âcsign, and convey to the Company the lndebtedness and the lnsured Mortgage, together with any collateral securiry. Upon lhe exercise by the Company of eilher of the oprions provided for in subsections (axi) or (ii), all llability and obliga¡ions of the Company lo the lnsured under this pol¡cy, other than to make the pây¡ent required in thos€ subsections, shâll terminate, including any liab¡lity or obl¡gãtion to defend, prosecute, or conünue any litigation. (b) To. Pay or O¡herwise Settle Whh Parties Other Than the lnsured or Wirh the lnsured Claimant. (i) to pay or otherw¡se seÍle with o¡her pânies for or in lhe name ol an lnsured Claimant any claim insured against under this policy. ln addhion, the Company will pay any costs, anorneys fees, and expenses incuned by ttre lnsured Clairnant thar were authorized by the Company up lo ¡he lime of payment and lhal lhe Company is obligated to pay; or (i¡) to pay or otheM¡se s€l¡þ wilh the lnsur€d claimant the loss or damage provided lor under this poliry, rogether with any co6ts, anorneys' fees, and expenses incurred by the lnsured claimanl lhal w€re authorized by the company up to the tlme of payment and thal the Company is obligated to pay. Upon the exercis€ of the Company of either of the options provided for in subseqions (b)(i) or (ii), the Companys obligar¡ons ro lhe tnsured under this policy for lhe cla¡med loss or darnag€, olher lhan the pâyments requked 1o be made, shåll rerminate, including any liabil¡ry or obligation to defend, prosecute, or continue any litlgation. 8. DETERM¡NATION AND EXTENT OF LIABILITY Th¡s poliry ¡s a contract of indemnity aga¡nst actual monetary loss or damage suslained or incurred by the lnsured Clalmant who has suffered loss or damage by reason ol maners inzu¡ed against by this policy. (a) The extent of l¡ab¡l¡ry ol lhe Company for loss or damage under this policy shall not exceed the least ol (i) the Afnount ot lnsurance, (ii) lhe lndebredness, (i¡i) lhe diflerence betlveen the value of the T¡tle as lnsured and the valu€ of the Tltle subject to the risk insured against by this poliry, or (¡v) if a governmenl agency or lns¡rumenlality ¡s the lnsr¡red Chinìanl, the aßKlunt ¡t pail in the acqulsition of the Tltle or the lnsu¡ed Mortgage in satbfaction of Ìts insurance contract or gua.anty. (b) lf the Company pursues ¡ts r¡ghts under Sectjon 5 of these Conditions and is unsuccessful in establishing rhe fitle or lhe lien ot the lnsured Mortgage, as insured, (i) the Amount of lnsurance shåll be ¡ncreased by 1096, and (ii) the lnsured Chirnant shall have lhe right to have the loss or damage determlned either âs of the dåle lhe c¡a¡m was made by the lnsured Claimant or as of the date it is senled and pald. (c) ln the event lhe lnsured has acquked lhe Iitl€ in the manner described in Sect¡on 2 of thes€ Conditions or has conveyed rhe frle, rhen the exlent ol liability of the Company shall continue as sel forlh in Sect¡on 8(a) of these Conditions. lA\ t^ ^AAli^^ .^ rh^ ^vr^^. ^, ti^L:t:r, ,.-¡--iui i¡¡ diji.jri¡ul¡ tu iíie Ëxiijíìi oí ¡iao¡i¡iy ünüeÍ (âi, (ü), and (c), îhe Coil¡pa¡ry wiiiaiso pay iirose cosis, aäorneys'Íees, anci expenses incurreo in accordance whh sections 5 and 7 of ¡hese Conditions. 9, LIMITATION OF LIABILIry (a) li the Company establishes the Title, or.removes lhe alleged defecl, lien, or encumbrance, ot cures the lack of a right of access to ot from ¡he Land, or curesthe claim of unmafkelable Title, or e$ablishes the llen of the lnsured N4ortgage, all as insured,.¡n a reasonably diligeni manner by any merhod, includ¡ng tjligar¡onand the complelion of any appeals, it shall have tully performed ¡ts oblþations with respect to rhat rnaner and ihalinot be liable fór any loss or'camág;äãuseo tothe lnsured. (b) ln the evenl of.any lhigâtion, includlng lit¡gation by üe Company o¡ with the Companþ consent, the Company shr¡ frave no liability lor loss or damâge unr¡lthere has been a final determinalion by a courl of compelent jurisdiction, and diçosition of all appeals, adverse to the Title or to the lien of the lnsured Miongage,as insured. (c) The Company shall not be l¡able for loss or damage to the lnsured for liabilily voluntarily assumed by lh€ lnsured in senl¡ng âny clâim or sufu withoul lhe prior written consent ol lhe Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMTNATION OF LIABtLtTy (a) All payments under this pol¡cy, except payments made for costs, atlorne]6'fees, and expenses, shall Íeduce the A¡nount of lnsurance by the amount of thepayment. However, åny paymen6 made prior to lhe acquishion of ftle as provided in Section 2 of these conditions shall not reduce the Arnounl of lnsurance afforded under this pol¡cy except to the extent that the payments reduce the lndebledness. (b) The voluntary sal¡sfactlon or release of the lnsured Mortgage shall terminate all liability of he Company except as provided in Seclion 2 of ¡hese Conditions. 11, PAYMÊNT OF LOSS When liability ând the exlent of loss or damage have been definitely lTxed in accordance with these Cond¡tions, the paaent shâll be made wlrhin 30 days. 12. RIGHTS OF RECOVERY UPON PAYMENTOR SETTLEMENT (a) The Companys Right to Recover whenever the Company shall have s€nled and paid a claim under this policy, it stìall be *brogated and entitled ro lhe r¡ghE 01 rhe tnsured chinìanr in rhe Trle or ¡nsured Mortgage and all other righls and remedies in lespecl to the claim thal the lnsured claimant has against any peßon or propeÍy, to the e)Íent of the amounl of any loss, cosls, anorneys'fees, and expenses paid by the Company. It requested by lhe Company, the lnsured Claimant shall execute documents to evidence the transfer to the company ol these r¡ohts and remedies. The lnsured Claimanl shall permit the Company to sue, compromise, or senle in the name of Ihe Insured Claimanl and lo use the name of the lnsured Claimant in any lransaction or litttation involving thes€ righ¡s and remedies. lf a payment on account of a clalm does not fully cover lhe loss of lhe lnsured Claimant, the Company shal defer the exercise of its right to recover until afier the lnsured Claimant shall have recovered its loss, (b) The lnsured's Rights and L¡mitãr¡ons (i) l-he owner of the hdebtedness may releasê or substitt¡te he personal liabilrry of any debtor or guarantor, extend or orherwise nndify the terms of payment, release a ponion ol ¡he Title fiom the lien of the hsured Mongage, or release any collateral s€curity for the lndebtedness, if it does not affect the enforceab¡l¡ty or priority ot the lien of the lnsured Mortgage. (ii) lf the lnsured exercises a r¡ght provided in (bxi), bul has Knowledge of any chim advers€ to the Ítle or the lien of the lnsured Mongage ¡nsured against by this poliry, the Company shall be required to pay only lhat pan of any losses insured against by this policy that shall exceed rhe amounl, if any, lost to the Company by reason of the impairment by the lnsured Clairnant of the Company's r¡ght of subrogatlon. (c) The Company's R¡ghlsAgainsl Noninsured Obl¡gors The Companys right ol subrogalion includes the lnsured's rights again* non-insured obllgors includ¡ng rhe righrs of rhe lnsured lo indemn¡ties, guaranties, orher policies of insurance, or bonds, notwithstand¡ng any lerms or condilions conEined ¡n those instrumenç tna address subrogation righs, The Companys righr of subrogation shall nol be avoided by acqulsftion of the lnsured Mongage by an obligor (except an obligor described in Seflión 1(eXDG) of rhese C;nditionÓ who acquires rhe lnsured Mongage as a result of an indemnity, guarantee¡ oher policy of insurance, or bond, and rhe obligor,,viil noi tiè-àn lnsured under this p;licy. 13, ARBITRATION Either the Company or the lnsured may demand thal the claim or conlroversy shall be submined to arbitration pursuant lo the Title lnsurance Arbitration Rules ol the Amer¡cân Land Title Association ("Rules'). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controvers¡es of othe¡ persons. Arb¡trable maners may include, but are not limhed to, any controversy or claim between the Company and the lnsured arising out otor relat¡ng to this pol¡cy, any serv¡ce in connection w¡th lts issuance or the breach of a policy provisbn, or lo any other controversy or claim arising oul ol the transaction gving rise lo this poliqy. Àl arbitrable maners when the Arnount of lnsurance is $2,0O0,000 or less shall be arbitrated at the option of eithei the Company or the lnéu¡ed. nll arbhrab¡e matters when the Amounl of lnsurance is in excess of $2,000,000 shall b€ arbitrated only when agreed to by bolh the Company and the lnsured. Arbilration pursuant to th¡s policy ând under the Rules shall be b¡nd¡ng upon lhe pad¡es. Judgrnenl upon the rendered by rhe Æbnrato(s) inay be enrered ¡n any court of competentjurisdiction. 14. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy togeÙler with all endorsemenE, if any, anached to n by rhe Company is lhe enlire policy and contract between the lnsured and the company. ln inlerpreting any provision of this polby, this pol¡cy shall be conslrued ås a wfiole, (b) Any claim of loss or darnage lha¡ arbes out of the status of the Tille or lien of the lnsured Mongage or by any action asserling such claim shall be restricted to rhis poliry. (c) Any amendmenl of or endorsement lo his poliry must be in wrldng and au¡henticared by an authorized person, or expressly incorporaled by Schedule A ol this ¡nlie,v' (d) Each endorsement !o lhis policy issued å¡ any time is nìade a pan cf this pclicy and ¡s subjecr to all oÍ iF ieÍms and piovisions. Excepî äs iheendorsemenl expÍessly states' if does not (Í) modity any ol the lerms and provisions of rhe pó[cy, (ii) roárv unv prørãnãä|.sur"nr, (iii) exrend lhe Dare ol poticy, or (iv) increase üe Amount of lnsurance, ].5. SEVERABILITY ln the event any provision of lhispolicy, in whole ol in part, is held invalkl or unenforceable under applicable law, the policy shall be deemed not ro include lharprovision or such part held to b€ ¡nvalid, but all other p¡ovis¡ons shall remain in full lorce and effect. 16. CHolcE OF LAW; FORUM (a) choice of Law: The lnsured.acknowledges.the Company has underwrinen lhe risks covered by this polhy and delerm¡ned the premium charged therelor inrel¡anc€ upon the law affec1ing interests.in real properry and applicable 1o the interpretation, rignË, remäoieı, or enforcements of policles ol rhle ínsurance of ürejurisdiction where the Land is located. Therefore, the court or an arbilrator shall appty lhe law ól the jurisd¡c¡ion where the Land is locå¡ed lo determine thevalidity ol clâlms against the Tlle or the lien of the lnsured Mortgage that are adversã to the tnsured and to interpret and enlorce the terms of rhis poliry, lnnehher case shall the court or a¡bit¡ator apply its conflicts of law pr¡ncipals to det€rmine lhe appl¡cable law. (b) choice ol Folum: Any l¡ligatlon or other proceeding brought by the lnsured against rhe company must be fled only ¡n a state or lederal coun w¡thin the Un¡tedStates of Arnericân or its territories having appropriate jurisd¡ction. 17, NOT|CES, WHÊRE SENT Any notice of claim and any other not¡ce or slalement in writing required to be given to the Company under this pol¡cy must be given to lhe Company al:400Second Aven ue South Minneâpolis, Minnesota 55 4O7 6!2-37 7-'t 1 1'l ANTI-FRAUD STATEMEN'I: Pursuant to CRS 1o-1-128(6xa), it ¡s unlawtul to know¡ngly ptov¡de falser incomplete or m¡sleading tacts or intormat¡on to aninsurance company lor lhe purpose of detrauding or ¡ttempt¡ng to delraud the company. Penalties may include imprisonmeñt, finès, denlal of insurance andcívil damages. Any ¡nsurance comP¡ny o¡ egent ol en insurance c¡mpany who knowingly provides falóe, incomplete, or misleidlng iacts or ¡nformat¡;n to âpolicyholder or cla¡mant lor lhe purpose ot de{raud¡ng or ettêmp,ting r,o defraud the policyholder or chimant with regard þ a settleñent or award payablefrom insurance proceeds shell bG reported to the coloredo d¡vision ol insurance w¡th¡n tñè department of regulatori agencies. This ant¡-lraud statoment is aflixed and made a pañ of this policy, Th¡s jåcket was created electronically ånd consttutes an original document AMERICAN LAND TTTLE ASSOCTATTON LOAN pOLtCy Adopled &17-06 Copyright 2006-2015 Arnerican Land ftle Associat¡on. All rights reseryed.al.06.pol iry. cove r,odt Lanri Titie Guarantee eompany Representing Old Republic NationalTitle lnsurance Company Schedule A Order Number: GTF6301L332 Policy Number: LX6301"1332 .ZOSS}77 Amount $160,000.00 Property Address: 188 WILLOW LANE, CARBONDALE, CO 81623 1. Date of Policy: November 02,2016 at 5:00 P.M. 2. Name of lnsured: BANK OF COLORADO, ITS SUCCESSORS AND/OR ASSIGNS 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: KURT N. TREDE 5. The mortgage, herein referred to as the insureci mortgage, and the asslgnments thereof, if any are described as follows: DEED OF TRUST DATED OCTOBER 27,2OL6, FROM KURT N. TREDE TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF BANK OF COLORADO TO SECURE THE SUM OF $160,000.00 RECORDED NOVEMBER 02,2016, UNDER RECEPTION NO. 884697. 6. The Land referred to in this Policy is described as follows: ATRACT OF LAND SITUATED IN SECTION 35, TOWNSHIP 7 SOUTH, RANGE BB WEST OF THE SIXTH PRINCIPAL MERIDIAN, AND FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHENCE THE WTTNESS CORNER OF THE SOUTH QUARTER CORNER SECTION 35. TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEARS S. 22 DEGREES 04,W. 1098.230 FEET;THENCE N. 89 DEGREES 56, E. 282.60 FEET;THENCE N. 05 DEGREES 01'34,'E. 409.955 FEET; THENCE N. 72 DEGREES 14'W. 250.75 FEET THENCE s. 65 DEGREES 09'W. 54.21 FEET; THENCE S. 06 DEGREES 06,W. 282,05 FEET THENCE S. 32 DEGREES 03. E. 35.31 FEET THENCE S. 07 DEGREES T4' 02" W. 153.28 FEET BACK TO THE POINT OF BEGINNING. COUNTY OF GARFIELD STATE OF COLORADO This Policy Valid only if Schedule B is attached. I --J ?:¡l- ^..----^--Larru r rlrr \rua¡cur[ËË vutnpany l(epresenltng r.r1o KepUDllC Nallonal llug lnsufance Company (Schedule B-l) Policy No. LX630II332.2OSSB77 Order No, 63011332 THIS POLICY DOES NOT INSUREAGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING 1) ANY FACTS, RIGHTS, INTERESTS, OR CLAIMS THEREOF, NOT SHOWN BY THE PUBLIC RECORDS BUT THAT COULD BE ASCERTAINED BY AN INSPECTION OF THE LAND OR THAT MAY BE ASSERTED BY PERSONS IN POSSESSION OF THE LAND. 2) EASEMENTS, LIENS OR ENCUMBRANCES, OR CLAIMS THEREOñ NOT SHOWN BY THE PUBLIC RECORDS. 3) ANY ENCROACHMENT, ENCUMBRANCE, VTOLATTON, VARTAT|ON, OR ADVERSE CTRCUMSTANCE AFFECTING THE TITLE THAT WOULD BE DISCLOSED BY AN ACCURATE AND COMPLETE LAND SURVEY OF THE LAND AND NOT SHOWN BY THE PUBLIC RECORDS. 4) ANY LIEN, OR RIGHT TO A L|EN, FOR SERVICES, LABOR OR MATERTAL HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAWAND NOT SHOWN BY THE PUBLIC RECORDS. s) (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIoNS lN PATENTS OR lN ACTS AUTHoRIZING THE ISSUANCE THEREOF; (C) WATER RIGHTS, CLAIMS oR TITLE TO WATFR. ^\ ^Nlv ^Ntr.ì ^l I T^vEc ^Nltì ^acEecl¡EÀ,t-rcw) ^¡t r ^trv ^LL tru\Ls nttg ^9JLJUtYtL¡r r J 7) DEED OF TRUST DATED DECEMBER 04,2013, FROM KURT N. TREDE TO THE PUBLTC TRUSTEE OF GARFIELD COUNTY FOR THE USE OF BANK OF COLORADO TO SECURE THE SUM OF $417,OOO.OO RECORDED DECEMBER 09, 201.3, UNDER RECEPTION NO, 844009. B) RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNTTED STATES AS RESERVED IN UNITED STATES PATENT RECORDED MAY 31, 1889, IN BOOK 1.2 AT PAGE 510, 9) UNDtVIDED ONE-TH|RD TNTEREST tN ALL OlL, GAS AND OTHER MTNERAL RtcHTS tN, UPON OR UNDER SUBJECT PROPERTY TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS IN CONNECTION THEREWITH, AS RESERVED TO JOHN L. HEUSCHKELAND OLIVE M. HEUSCHKEL IN INSTRUMENT RECORDEDAPRIL19,1963 IN BOOK 348AT PAGE 43T,ANDANYANDALLASSIGNMENTS THEREOF OR INTERESTS THEREIN. 10) uNDrvrDED ONE-THIRD OF ALL OlL, GAS AND OTHER MINERALS tN, ON OR UNDER THE SUBJECT PROPERTY AS RESERVED TO MARS GERBAZ AS SET FORTH IN INSTRUMENT RECORDED MARCH 29, 196]. IN BOOK 333 AT PAGE 152, AND ANY AND ALLASSIGNMENTS THEREOF OR INTERESTS THEREIN. 1.1) A DITCH EASEMENT 10 FEET IN WIDTH MORE PARTICULARLY DESCRIBED IN WARRANTY DEED RECORDED JUNE 9, 1967 IN BOOK 385 AT PAGE C8 OF THE GARFIELD COUNTY RECORDS. 12) TERMS, CONDTTTONS AND PROVTSIONS OF RESOLUTTON NO, 90-091 RECORDED NOVEMBER 20, 1990 rN BOOK 793 AT PAGE 6J.6. 13) TERMS, CONDTTTONS AND PROVISTONS OF RESOLUTTON NO. 90-092 RECORDED NOVEMBER 20, 1990 IN BOOK 793 AT PAGE 621, ITEM NOS. l THROUGH 3 OF THE STANDARD EXCEPTIONS ARE HEREBY DELETED Land Title Guarantee Company Representing Old Republic NationaiT¡t¡e insurance Company (Schedule B-ll) Order No. 63011332 Pol i cy N o. LX6 3011 332.205587 7 ln addition to the matters set forth in Part I of this Schedule, the title to the estate or interest in the Land described or reférred to in schedule A is subject to the following matters, if any be shown, but the company insures that the llen or charge of the insured mortgage upon sald estate or interest is prior to such rnatters' NONE