HomeMy WebLinkAbout1.00 General Application Materials~ • g -
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Craig Bushong
Mary Lyn Bondlow
1108 Bald Eagle Way
Carbondale, CO
81623
To all it may concern;
In regards to merging 49 Sundance Trail with 1108 Bald Eagle Way in Aspen Glen, Carbondale,
CO, the amendment will not result in any changes to drainage, access, utility services, or any
other applicable Subdivision and Article 7 topics.
The Aspen Glen DRC/ HOA have approved our landscape plan and out letter of request and
ballot will be sent out in the Silver Peak Property Management mass mailing the end of
October. We will then hopefully receive 320 required responses by spring/ late March, 67
percent of the property owners approval.
Craig Bushong
Mary Lyn Bondlow
Aspen Glen Design Review Committee
OFFICIAL BALLOT
Re : Proposed lot merger of SD-8 (1108 Bald Eagle Way) and SD -10 (adjacent vacant lot)
Owners: Craig Bushong and Mary Lyn Bondlow
1108 Bald Eagle Way Carbondale , CO 81623
CB: 713 -252 -9741 ; bushong.craig@ gmail.com
MLB : 530-206-6111; mlbondlow(@ gmail.com
I , ________________________ , am the current owner of
the Aspen Glen property at
(address)
and vote to approve the merger of Aspen Glen Lots SD -8 and SD-10 ( corner of Sundance Circle
and Bald Eagle Way).
D D
YES NO
Signature : _______________________ _
Email:
Phone:
Please indicate your approval and return this ballot in the enclosed, stamped envelope
by March 31, 2026.
10124125, 4: 15 PM Garfield County Land Explorer
Garfield County Land Explorer dJc~
Parcel Physical Address Owner Account MalllngAddress Num
239319205023 MIDLAND LOOP MURPHY, SHANNON S FAMILY TRUST / R820151 231 MIDLAND AVENUE #206 BASALT,
CARBONDALE CO81621
239319208017 353 GOLDEN BEAR WEIMER, DAVID R & LISA H R005098 353 GOLDEN BEAR DRIVE
CARBONDALE CARBONDALE, CO 81623
239319208018 328 SUNDANCE TRL DPD TRUST DATED 3/7 /24 R005099 328 SUNDANCE TRAIL CARBONDALE,
CARBONDALE CO81623
239319208019 306 GOLDEN BEAR RIVER ROAD HOMES LLC R005100 2553 LOWER RIVER ROAD SNOWMASS,
CARBONDALE CO81654
239319208020 382 GOLDEN BEAR SOUSA, ANDREA GOMES R005101 110 HARRIS STREET, APT 206 BASALT,
CARBONDALE CO81621
239319212007 1070 BALD EAGLE WAY PEPPER, KENNETH S & VICKI L / R009926 13 SOMMERSET CIRCLE GREENWOOD
CARBONDALE VILLAGE, CO 80111
239319212008 1108 BALD EAGLE WAY BUSHONG7CRA & BONDLOW, MARY R009927 1108 BALD EAGLE WAY CARBONDALE,
CARBONDALE LYN CO81623
239319212009 1146BALDEAGLEWAY STEWART & TAYLOR JOINT REVOCABLE / R009928 1146 BALD EAGLE WAY CARBONDALE,
CARBONDALE TRUST DATED 5/14/24 CO81623
239319212010 49 SUNDANCE TRL BUSHON~, C IG & BONDLOW, MARY R009929 1108 BALD EAGLE WAY CARBONDALE,
CARBONDALE LYN CO81623
239319212024 38 SUNDANCE TRL JQB 2012 LIFETIME FAMILY TRUST / R009943 1200 BARTON CREEK BLVD, APT 24
CARBONDALE DATED 11/12/12 AUSTIN, TX 78735
239319212025 74SUNDANCETRL HOFFMAN, MARTIN & GOODRICH, R084294 74 SUNDANCE TRAIL CARBONDALE,
CARBONDALE ROBERTA SHARON CO81623
239513408015 414 GOLDEN BEAR HOFFNER, BRENT R005096 414 GOLDEN BEAR DRIVE
CARBONDALE CARBONDALE, CO 81623
239513408016 376 GOLDEN BEAR PAIVA.JOHN D&SABRINAM R005097 376 GOLDEN BEAR DRIVE
CARBONDALE CARBONDALE, CO 81623
ROW Not available null
about:blank 1/1
COMMITMENT CONDITIONS
1. DEFINITIONS
a. "Discriminatory Covenant": Any covenant, condition, restriction, or limitation that is unenforceable under
applicable law because it illegally discriminates against a class of individuals based on personal characteristics
such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or
other legally protected class.
b. "Knowledge" or "Known": Actual knowledge or actual notice, but not constructive notice imparted by the Public
Records.
c. "Land": The land described in Item 5 of Schedule A and improvements located on that land that by State law
constitute real property. The term "Land" does not include any property beyond that described in Schedule A, nor
any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of
water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is to be
insured by the Policy.
d. "Mortgage": A mortgage, deed of trust, trust deed, security deed, or other real property security instrument,
including one evidenced by electronic means authorized by law.
e. "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to
be issued by the Company pursuant to this Commitment.
f. "Proposed Amount of Insurance": Each dollar amount specified in Schedule A as the Proposed Amount of
Insurance of each Policy to be issued pursuant to this Commitment.
g. "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued
pursuant to this Commitment.
h. "Public Records": The recording or filing system established under State statutes in effect at the Commitment
Date under which a document must be recorded or filed to impart constructive notice of matters relating to the
Title to a purchaser for value without Knowledge. The term "Public Records" does not include any other recording
or filing system, including any pertaining to environmental remediation or protection, planning, permitting, zoning,
licensing, building, health, public safety, or national security matters.
i. "State": The state or commonwealth of the United States within whose exterior boundaries the Land is located.
The term "State" also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin
Islands, and Guam.
j. "Title": The estate or interest in the Land identified in Item 3 of Schedule A.
2. If all of the Schedule B, Part I -Requirements have not been met within the time period specified in the Commitment
to Issue Policy, this Commitment terminates and the Company's liability and obligation end.
3. The Company's liability and obligation is limited by and this Commitment is not valid without:
a. the Notice;
b. the Commitment to Issue Policy;
c. the Commitment Conditions;
d. Schedule A;
e. Schedule B, Part I -Requirements;
f. Schedule B, Part II -Exceptions; and
g. a countersignature by the Company or its issuing agent that may be in electronic form.
4. COMPANY'S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect,
lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any
liability of the Company is limited by Commitment Condition 5. The Company is not liable for any other amendment to
this Commitment.
This page is only a part of a 2021 AL TA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions; and a countersignature by the
Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to AL TA licensees and AL TA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No.: 2778018-10
ALTA Commitment for Title Insurance (07-01-2021)
Page 2 of 4
AMERICAN
LAND TTTLE
MSOCl.ATlON
5. LIMITATIONS OF LIABILITY
a. The Company's liability under Commitment Condition 4 is limited to the Proposed lnsured's actual expense
incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the
delivery of the amended Commitment, resulting from the Proposed lnsured's good faith reliance to:
i. comply with the Schedule B, Part I -Requirements;
ii. eliminate, with the Company's written consent, any Schedule B, Part II -Exceptions; or
iii. acquire the Title or create the Mortgage covered by this Commitment.
b. The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the amendment
or had Knowledge of the matter and did not notify the Company about it in writing.
c. The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred the
expense had the Commitment included the added matter when the Commitment was first delivered to the
Proposed Insured.
d. The Company's liability does not exceed the lesser of the Proposed lnsured's actual expense incurred in good
faith and described in Commitment Condition 5.a. or the Proposed Amount of Insurance.
e. The Company is not liable for the content of the Transaction Identification Data, if any.
f. The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part
I -Requirements have been met to the satisfaction of the Company.
g. The Company's liability is further limited by the terms and provisions of the Policy to be issued to the Proposed
Insured.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF
FORUM
a. Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this
Commitment.
b. Any claim must be based in contract under the State law of the State where the Land is located and is restricted
to the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed
Insured against the Company must be filed only in a State or federal court having jurisdiction.
c. This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the
subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and
proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this
Commitment.
d. The deletion or modification of any Schedule B, Part II-Exception does not constitute an agreement or obligation
to provide coverage beyond the terms and provisions of this Commitment or the Policy.
e. Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized
by the Company.
f. When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only
liability will be under the Policy.
7. IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT
The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and
policies. The issuing agent is not the Company's agent for closing, settlement, escrow, or any other purpose.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the
Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is
delivered to a Proposed Insured, nor is it a commitment to insure.
9. CLAIMS PROCEDURES
This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the
Proposed Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5
and 6.
This page is only a part of a 2021 AL TA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I -Requirements; and Schedule 8, Part II -Exceptions; and a countersignature by the
Company or its issuing agent that may be in electronic form.
Copyright 2021 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.
File No.: 2778018-10
ALTA Commitment for Title Insurance (07-01-2021)
Page 3 of 4
AMER!CAN
I.AND TTTtE
AS50C1AT10N
10. CLASS ACTION
ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY
SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A
COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE
TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY.
NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR
REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN
A CLASS ACTION CONDITION.
11. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Amount of Insurance is
$2,000,000 or less may be arbitrated at the election of either the Company or the Proposed Insured as the exclusive
remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration.
STEWART TITLE GUARANTY COMPANY
All notices required to be given the Company and any statement in writing required to be furnished the Company shall
be addressed to it at: Stewart Title Guaranty Company, P.O. Box 2029, Houston, Texas 77252-2029.
This page is only a part of a 2021 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I -Requirements; and Schedule 8, Part II -Exceptions; and a countersignature by the
Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to AL TA licensees and AL TA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No.: 2778018-10
AL TA Commitment for Title Insurance (07-01-2021)
Page 4 of 4
AMERICAN
I.AND TITLE
A~SOClATlON
WIRE FRAUD
ALERT
NOTIFICATION:
READ THIS BEFORE YOU WIRE FUNDS
WIRE FRAUD: THE THREAT IS REAL
Buying a home is an exciting time. You've saved, found the perfect home and planned the move. Now, the closing
day for your home is just around the corner.
We want to make sure your home purchase doesn't get derailed by a dangerous threat that could keep you from
getting the keys, painting walls and decorating. Criminals have stolen money meant for the purchase of homes
through malicious wire fraud schemes targeting consumers across the country.
Criminals begin the wire fraud process way before the attempted theft occurs. Most often, they begin with a common
social engineering technique called phishing. This can take the form of email messages, website forms or phone
calls to fraudulently obtain private information. Through seemingly harmless communication, criminals trick users
into inputting their information or clicking a link that allows hackers to steal login and password information.
Once hackers gain access to an email account, they will monitor messages to find someone in the process of buying
a home. Hacks can come from various parties involved in a transaction, including real estate agents, attorneys or
consumers. Criminals then use the stolen information to email fraudulent wire transfer instructions disguised to
appear as if they came from a professional you're working with to purchase a home. If you receive an email with
wiring instructions, don't respond. Email is not a secure way to send financial information. If you take the bait, your
money could be gone in minutes.
What can I do to protect myself?
Despite efforts by the title industry and others to educate consumers about the risk, homebuyers continue to be
targeted. Here are some tips on what you can do to protect yourself and/or your clients:
1. If requested, wiring instructions will be provided via an encrypted email.
2. Call, don't email: Confirm all wiring instructions by phone before transferring funds. Use the phone number
from the title company's website or a business card.
3. Be suspicious: It's not common for title companies to change wiring instructions and payment info
4. Confirm it all: Ask your bank to confirm not just the account number but also the name on the account before
sending a wire. The name on the account should state Stewart Title Company Escrow Account.
5. Verify immediately: You should call the title company or real estate agent to validate that the funds were
received. Detecting that you sent the money to the wrong account within 24 hours gives you the best chance
of recovering your money from the hackers.
6. Forward, don't reply: When responding to an email, hit the "forward" button instead of clicking the "reply"
button, and then start typing the person's email address. Criminals use email addresses that are very similar
to the real one for a company. By typing in email addresses, you will make it easier to discover if a fraudster
is after you.
AL TA COMMITMENT FOR TITLE INSURANCE (07-01-2021)
SCHEDULE A
ISSUED BY
STEWART TITLE GUARANTY COMPANY
Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment
Condition 5.e.:
Issuing Agent:
Issuing Office:
Issuing Office's AL TA® Registry ID:
Loan ID Number:
Commitment Number:
Issuing Office File Number:
Property Address:
Revision Number:
Stewart Title Company
12110 N Pecos St, Ste 150, Westminster, CO 80234
2778018-10
2778018-10
1108 Bald Eagle Way, Carbondale, CO 81623
1. Commitment Date: November 10, 2025 at 8:00AM
2. Policy to be issued: Proposed Amount of Insurance
(a) 2021 AL TA® Owner's Policy
Proposed Insured: Informational Commitment
(b) ALTA® Loan Policy
Proposed Insured:
3. The estate or interest in the Land at the Commitment Date is:
FEE SIMPLE
4. The Title is, at the Commitment Date, vested in:
Craig Bushong and Mary Lyn Bondlow
5. The Land is described as follows:
See Exhibit "A" Attached Hereto
STEWART TITLE GUARANTY COMPANY
f ) r ,o l/
d•~--\(,Lu ... ,(v:<-
Authorized CmJntersignature
STATEMENT OF CHARGES
These charges are due and payable before a policy can be issued:
Information Only Commitment Fee $850.00
This page is only a part of a 2021 AL TA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part JI -Exceptions; and a countersignature by the
Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to AL TA licensees and AL TA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No.: 2778018-10
ALTA Commitment for Title Insurance Schedule A (07-01-2021)
Page 1 of7
AMcRICAi-1
LAI-ID TTTLE
A!)S0ClAT10N
ALTA COMMITMENT FOR TITLE INSURANCE (07-01-2021)
SCHEDULE A
ISSUED BY
STEWART TITLE GUARANTY COMPANY
This page is only a part of a 2021 AL TA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions; and a countersignature by the
Company or its issuing agent that may be in electronic form.
Copyright 2021 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. tt~~n~~¢~~
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No.: 2778018-10
A~SOClATlON
AL TA Commitment for Title Insurance Schedule A (07-01-2021)
Page 2 of 7
ALTA COMMITMENT FOR TITLE INSURANCE (07-01-2021)
EXHIBIT "A"
LEGAL DESCRIPTION
ISSUED BY
STEWART TITLE GUARANTY COMPANY
File No.: 2778018-10
Lot SD-8, ASPEN GLEN, FILING NO. 4, according to the plat recorded May 8, 2003 as Reception No. 626949. County of
Garfield, State of Colorado.
For Informational Purposes Only: 1108 Bald Eagle Way, Carbondale, CO 81623
APN: R009927
This page is only a part of a 2021 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part JI -Exceptions; and a countersignature by the
Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to AL TA licensees and AL TA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No.: 2778018-10
ALTA Commitment for Title Insurance Schedule A (07-01-2021)
Page 3 of 7
AMIRI CAN
LAND TITLE
A!:SOClATlON
ALTA COMMITMENT FOR TITLE INSURANCE (07-01-2021)
SCHEDULE B PART I
ISSUED BY
STEWART TITLE GUARANTY COMPANY
File No.: 2778018-10
Requirements
All of the following Requirements must be met:
1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment
who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional
Requirements or Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Company.
4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be
properly authorized, executed, delivered, and recorded in the Public Records.
5. NOTE: This product is for informational purposes only. It is not a title insurance product and does not provide any
form of coverage. This product is not a guarantee or assurance and does not warrant, or otherwise insure any
condition, fact or circumstance. This product does not obligate this Company to issue any policies of title insurance for
any subsequent transaction based on the information provided or involving the property described herein. This
Company's sole liability for any error(s) relating to this product is limited to the amount that was paid for this product.
FOR INFORMATIONAL PURPOSES ONLY:
24-month Chain of Title: The only conveyance(s) affecting said land recorded within the 24 months preceding the date
of this commitment is (are) as follows:
Warranty Deed recorded July 10, 2013, as Reception No. 837818.
NOTE: If no conveyances were found in that 24 month period, the last recorded conveyance is reported. If the subject
land is a lot in a subdivision plat less than 24 months old, only the conveyances subsequent to the plat are reported.
Please be advised that our search did not disclose any open Deed of Trust of record. If you should have
knowledge of any outstanding obligations, please contact the Title Department immediately for further review
prior to closing.
This page is only a part of a 2021 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I -Requirements; and Schedule 8, Part II -Exceptions; and a countersignature by the
Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to AL TA licensees and AL TA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No.: 2778018-10
AL TA Commitment for Title Insurance Schedule Bl (07-01-2021)
Page 4 of 7
AMERICAN
LANDTlTU
A~50ClA!lON
ALTA COMMITMENT FOR TITLE INSURANCE (07-01-2021)
SCHEDULE 8 PART II
ISSUED BY
STEWART TITLE GUARANTY COMPANY
File No.: 2778018-10
Exceptions
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This
Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each
Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the
remaining provisions of the document will be excepted from coverage.
The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement
identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company:
1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or
is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B,
Part I -Requirements are met.
2. Rights or claims of parties in possession, not shown by the public records.
3. Easements, or claims of easements, not shown by the public records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be
disclosed by an accurate and complete land survey of the Land and not shown by the public records.
5. 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.
6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;
(c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from
the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted
under (a), (b) or (c) are shown by the Public Records or listed in Schedule B.
7. Water rights, claims or title to water.
8. Any and all unpaid taxes and assessments and any unredeemed tax sales.
9. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to
penetrate or intersect the premises hereby granted, and a right of way for ditches or canals constructed by the
authority of the United States, as reserved in United States Patent recorded July 25, 1894 in Book 12 at Page 332
as Reception No. 17522.
10. Rights and reservations in Warranty Deed recorded December 26, 1958 in Book 314 at Page 160 as Reception No.
203858, and any and all assignments of record, or otherwise, thereof, or interests therein.
11. Rights and reservations in Warranty Deed recorded September 26, 1961 in Book 336 at Page 570 as Reception No.
215212, and any and all assignments of record, or otherwise, thereof, or interests therein.
This page is only a part of a 2021 AL TA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I -Requirements; and Schedule 8, Part II -Exceptions; and a countersignature by the
Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to AL TA 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.
File No.: 2778018-10
ALTA Commitment for Title Insurance Schedule BIi (07-01-2021)
Page 5 of 7
AMERTCA:-1
LAND TlTlE
A~SOClA!lON
ALTA COMMITMENT FOR TITLE INSURANCE (07-01-2021)
SCHEDULE B PART II
ISSUED BY
STEWART TITLE GUARANTY COMPANY
12. Easements recorded February 10, 1995 in Book 931 at Page 354 as Reception No. 474356, in Book 931 at Page
374 as Reception No. 474357, in Book 931 at Page 393 as Reception No. 474358, in Book 931 at Page 412 as
Reception No. 474359 and in Book 931 at Page 432 as Reception No. 474360.
13. Resolutions by the Board of County Commissioners of Garfield County, Colorado, as follows:
A. Resolution No. 92-056 recorded June 29, 1992 in Book 835 at Page 305 as Reception No. 436262.
B. Resolution No. 93-121 recorded December 28, 1993 in Book 887 at Page 824 as Reception No. 457154.
C. Resolution No. 94-008 recorded February 2, 1994 in Book 891 at Page 620 as Reception No. 458796.
D. Resolution No. 94-089 recorded August 9, 1994 in Book 911 at Page 791 as Reception No. 466955.
E. Resolution No. 94-139 recorded December 13, 1994 in Book 925 at Page 345 as Reception No. 472058.
F. Resolution No. 95-004 recorded January 17, 1995 in Book 929 at Page 64 as Reception No. 473462.
G. Resolution No. 96-26 recorded May 9, 1996 in Book 977 at Page 399 as Reception No. 492765.
H. Resolution No. 96-06 recorded February 9, 1996 in Book 966 at Page 682 as Reception No. 488797.
I. Resolution No. 96-07 recorded February 9, 1996 in Book 966 at Page 686 as Reception No. 488798.
14. Agreements recorded April 12, 1992 in Book 827 at Page 636 as Reception No. 433216 and recorded June 29,
1993 in Book 835 at Page 364 as Reception No. 436263.
15. Agreements recorded August 19, 1994 in Book 912 at Page 970 as Reception No. 467 450 and recorded August 19,
1994 in Book 912 at Page 973 as Reception No. 467451.
16. Master Declaration recorded April 6, 1995 in Book 936 at Page 350 as Reception No. 476328, First Supplemental
Declaration recorded July 15, 1997 in Book 1026 at Page 161 as Reception No. 510976, Second Supplemental
Declaration recorded November 26, 1997 in Book 1043 at Page 850 as Reception No. 516966, Third Supplemental
Declaration recorded February 10, 1998 in Book 1053 at Page 8 as Reception No. 520203, Fourth Supplemental
Declaration recorded February 10, 1998 in Book 1053 at Page 30 as Reception No. 520209, Fifth Supplemental
Declaration recorded May 1, 1998 in Book 1065 at Page 800 as Reception No. 524479, Sixth Supplemental
Declaration recorded May 22, 1998 in Book 1069 at Page 58 as Reception No. 525647, Seventh Supplemental
Declaration recorded August 24, 1998 in Book 1084 at Page 943 as Reception No. 531005, Eighth Supplemental
Declaration recorded October 26, 1998 in Book 1094 at Page 517 as Reception No. 534299, Ninth Supplemental
Declaration recorded August 17, 1999 in Book 1145 at Page 680 as Reception No. 550617, Tenth Supplemental
Declaration recorded November 19, 1999 in Book 1161 at Page 293 as Reception No. 555596, Eleventh
Supplemental Declaration recorded September 23, 1999 in Book 1151 at Page 877 as Reception No. 552597,
Twelfth Supplemental Declaration recorded December 14, 1999 in Book 1164 at Page 755 as Reception No.
556668, Thirteenth Supplemental Declaration recorded July 17, 2000 in Book 1197 at Page 7 40 as Reception No.
566379, Fourteenth Supplemental Declaration recorded May 8, 2003 in Book 1467 at Page 910 as Reception No.
626952, First Amendment to the Master Declaration recorded October 30, 2003 in Book1533 at Page 735 as
Reception No. 639707 and Fifteenth Supplemental Declaration recorded December 21, 2004 in Book 1649 at Page
891 as Reception No. 665692, Amended Declaration of Covenants, Conditions and Restrictions for Aspen Glen
recorded March 23, 2007 in Book 1905 at Page 523 as Reception No. 719512.
17. Matters disclosed on the Plat of Aspen Glen Planned Unit Development recorded April 6, 1995 as Reception No.
476330 and on the Plat of Aspen Glen Filing No. 4 recorded May 8, 2003 as Reception No. 626949.
18. Easement Deed recorded April 6, 1995 in Book 936 at Page 458 as Reception No. 476331.
This page is only a part of a 2021 ALTA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I -Requirements; and Schedule 8, Part II -Exceptions; and a countersignature by the
Company or its issuing agent that may be in electronic form.
Copyright 2021 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.
File No.: 2778018-10
ALTA Commitment for Title Insurance Schedule BIi (07-01-2021)
Page 6 of 7
AMERTCAN"
LAND TTTLE
A~SOClAilON
ALTA COMMITMENT FOR TITLE INSURANCE (07-01-2021)
SCHEDULE B PART II
ISSUED BY
STEWART TITLE GUARANTY COMPANY
19. Declaration of Golf Facilities Development, Construction and Operational Easement, recorded April 6, 1995 in Book
936 at Page 314 as Reception No. 476327.
20. Special Warranty Deed and Grant of Easement, recorded December 31, 1996 in Book 1005 at Page 228 as
Reception No. 503024.
21. Transfer of Declarant Rights, recorded May 19, 2003 in Book 1471 at Page 135 as Reception No. 627599.
22. Amended Bylaws of the Homeowners Association at Aspen Glen recorded March 23, 2007 in Book 1905 at Page
577 as Reception No. 719513
23. Easement Deed and Restrictive Covenant Agreement recorded March 7, 2023 as Reception No. 983979.
24. Any and all leases or tenancies and any and all parties claiming by, through, or under such leases or tenancies.
This page is only a part of a 2021 AL TA® Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; the Commitment Conditions; Schedule A; Schedule B, Part I -Requirements; and Schedule B, Part II -Exceptions; and a countersignature by the
Company or its issuing agent that may be in electronic form.
Copyright 2021 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to AL TA licensees and AL TA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No.: 2778018-10
ALTA Commitment for Title Insurance Schedule BIi (07-01-2021)
Page 7 of 7
AMERT CAN
LAND TITLE
A~SOCL.\TlON
ste\Nart
---TITLE---
DISCLOSURE REGARDING FUNDS FOR CLOSING
Escrow Agent may receive other benefits from the financial institution where the funds are deposited. Based
upon the deposit of escrow funds in demand deposit accounts and other relationships with the financial
institution, Escrow Agent is eligible to participate in a program whereby it may (i) receive favorable loan
terms and earn income from the investment of loan proceeds and (ii) receive other benefits offered by the
financial institution.
AFFILIATED BUSINESS DISCLOSURE
This is to give you notice that Rocky Mountain Recording Services has a business relationship with
Stewart Title Company and its affiliated and subsidiary companies. Stewart Title Company and Rocky
Mountain Recording Services share common ownership. Stewart Title Company is wholly owned by
Stewart Title Guaranty Company, which shares the same ownership as Rocky Mountain Recording
Services. Because of this relationship, this referral may provide Rocky Mountain Recording Services and
Stewart with a financial or other benefits.
Set forth below is the estimated charge or range of charges for the settlement services listed. You are NOT
required to use the above provider as a condition for settlement of this transaction on the above referenced
property. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH
SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE
RECEIVING THE BEST SERVICES AND THE BEST RA TE FOR THESE SERVICES.
Colorado Recording Fee Schedule
Processing / Verification Fee:
Per Escrow file -$35.00
E-Recording Fee:
Per Document -$ 7.00
Pursuant to House Bill 24-1269, government recording fees as of 12:00 AM, July 1, 2025, will be:
• Flat Fee of $43.00 per document instead of a fee per page
• $1.00 surcharge and $2.00 electronic filing surcharge, per document unless otherwise specified.
(See Below)
UCC's-
• Electronic filings remain unchanged: $8.00 -$18.00
Death Certificates -Maximum $3.00
• No flat fee charge
• No electronic filing surcharge
• $1.00 surcharge still applies (exception: El Paso County and Custer County are absorbing
surcharge)
State Transfer Tax-
• $.01 per $1,000.00 based on the Sales Price remains unchanged
Stewart Title Company
12110 N Pecos St, Ste 150
Westminster, CO 80234
(303) 301-7222
File No.: 2778018-10
DISCLOSURES
File No.: 2778018-10
Pursuant to C.R.S. 10-11-122, notice is hereby given that:
A. THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT;
B. A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM
THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT;
C. INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY
BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND
RECORDER, OR THE COUNTY ASSESSOR
Note: Colorado Division of Insurance Regulations 8-1-2, Section 5, Paragraph G requires that "Every title entity shall be
responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the
closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed."
Provided that Stewart Title Company conducts the closing of the insured transaction and is responsible for recording
the legal documents from the transaction, exception number 1 will not appear on the Owner's Title Policy and the
Lender's Title Policy when issued.
Note: Colorado Division of Insurance Regulations 8-1-2, Section 5, Paragraph M requires that every title entity shall notify
in writing that
Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 5 of
Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following
conditions:
A. The land described in Schedule A of this commitment must be a single-family residence, which includes
a condominium or townhouse unit.
B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the
land described in Schedule A of this Commitment within the past 6 months.
C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic's
and Materialmen's Liens.
D. The Company must receive payment of the appropriate premium.
E. If there has been construction, improvements or major repairs undertaken on the property to be purchased,
within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded
liens will include: disclosure of certain construction information; financial information as to the seller, the builder
and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory
to the company; and, any additional requirements as may be necessary after an examination of the aforesaid
information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for or
agreed to pay.
To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure:
a. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from
the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas,
other minerals, or geothermal energy in the property; and
b. That such mineral estate may include the right to enter and use the property without the surface
owner's permission.
NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN
INCLUDES AN EXCEPTION FOR SEVERED MINERALS.
Notice of Availability of a Closing Protection Letter: Pursuant to Colorado Division of Insurance Regulation 8-1-3,
Section 5, Paragraph C (11 )(f), a closing protection letter is available to the consumer.
NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE
COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED.
CO Commitment Disclosure Revised 7/30/18
Updated: August 24, 2023
STEWART INFORMATION SERVICES CORPORATION
GRAMM-LEACH BLILEY PRIVACY NOTICE
This Stewart Information Services Corporation Privacy Notice ("Notice") explains how we and our affiliates and majority-owned
subsidiary companies (collectively, "Stewart," "our," or "we") collect, use, and protect personal information, when and to whom we
disclose such information, and the choices you have about the use and disclosure of your information. Pursuant to Title V of the
Gramm-Leach Bliley Act ("GLBA") and other Federal and state laws and regulations applicable to financial institutions, consumers
have the right to limit some, but not all sharing of their personal information. Please read this Notice carefully to understand how
Stewart uses your personal information.
The types of personal information Stewart collects, and shares depends on the product or service you have requested.
Stewart may collect the following categories of personal and financial information from you throughout your transaction:
1. Identifiers: Real name, alias, online IP address if accessing company websites, email address, account name, unique online
identifier, or other similar identifiers.
2. Demographic Information: Marital status, gender, date of birth.
3. Personal Information and Personal Financial Information: Full name, signature, social security number, address, driver's
license number, passport number, telephone number, insurance policy number, education, employment, employment history,
bank account number, credit card number, debit card number, credit reports, or any other information necessary to complete
the transaction.
Stewart may collect personal information about you from:
1. Publicly available information from government records.
2. Information we receive directly from you or your agent(s), such as your lender or real estate broker.
3. Information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or
through others.
Stewart may use your personal information for the following purposes:
1. To provide products and services to you in connection with a transaction.
2. To improve our products and services.
3. To communicate with you about our affiliates', and others' products and services, jointly or independently.
Stewart may use or disclose the personal information we collect for one or more of the following purposes:
• To fulfill or meet the reason for which the information is provided.
• To provide, support, personalize, and develop our website, products, and services.
• To create, maintain, customize, and secure your account with Stewart.
• To process your requests, purchases, transactions, and payments and prevent transactional fraud.
• To prevent and/or process claims.
• To assist third party vendors/service providers who complete transactions or perform services on Stewart's behalf pursuant to
valid service provider agreements.
• As necessary or appropriate to protect the rights, property or safety of Stewart, our customers, or others.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor
and improve our responses.
• To help maintain the safety, security, and integrity of our website, products and services, databases and other technology-
based assets, and business.
• To respond to law enforcement or regulator requests as required by applicable law, court order, or governmental regulations.
• Auditing for compliance with federal and state laws, rules, and regulations.
• Performing services including maintaining or servicing accounts, providing customer service, processing, or fulfilling orders
and transactions, verifying customer information, processing payments.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all
our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal
information held by us is among the assets transferred.
File No.: 2778018-10 Updated 08/24/2023
Stewart will not collect additional categories of personal information or use the personal information we collected for materially
different, unrelated, or incompatible purposes without providing you notice.
Disclosure of Personal Information to Affiliated Companies and Nonaffiliated Third Parties
Stewart does not sell your personal information to nonaffiliated third parties. Stewart may share your information with those you
have designated as your agent throughout the course of your transaction (for example, your realtor, broker, or a lender). Stewart
may disclose your personal information to non-affiliated third-party service providers and vendors to render services to complete
your transaction.
We share your personal information with the following categories of third parties:
• Non-affiliated service providers and vendors we contract with to render specific services (For example, search companies,
mobile notaries, and companies providing crediUdebit card processing, billing, shipping, repair, customer service, auditing,
marketing, etc.)
• To enable Stewart to prevent criminal activity, fraud, material misrepresentation, or nondisclosure.
• Stewart's affiliated and subsidiary companies.
• Parties involved in litigation and attorneys, as required by law.
• Financial rating organizations, rating bureaus and trade associations, taxing authorities, if required in the transaction.
• Federal and State Regulators, law enforcement and other government entities to law enforcement or authorities in connection
with an investigation, or in response to a subpoena or court order.
The law does not require your prior authorization or consent and does not allow you to restrict the disclosures described above.
Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such
disclosure. We do not otherwise share your Personal Information or browsing information with non-affiliated third parties, except as
required or permitted by law.
Right to Limit Use of Your Personal Information
You have the right to opt-out of sharing of your personal information among our affiliates to directly market to you. To opt-out of sharing
your information with affiliates for direct marketing, you may send an "opt out" request to OptOut@stewart.com, or contact us through
other available methods provided under "Contact Information" in this Notice. We do not share your Personal Information with
nonaffiliates for their use to directly market to you without your consent.
How Stewart Protects Your Personal Information
Stewart maintains physical, technical, and administrative safeguards and policies to protect your personal information.
Contact Information
If you have specific questions or comments about this Notice, the ways in which Stewart collects and uses your information described
herein, or your choices and rights regarding such use, please do not hesitate to contact us at:
Phone:
Email:
Toll Free at 1-866-571-9270
Privacyrequest@stewart.com
Postal Address: Stewart Information Services Corporation
Attn: Mary Thomas, Chief Compliance and Regulatory Officer
1360 Post Oak Blvd., Ste. 100, MC #14-1
Houston, TX 77056
File No.: 2778018-10 Updated 08/24/2023
Effective Date: January 1, 2020
Updated: August 24, 2023
STEWART INFORMATION SERVICES CORPORATION
PRIVACY NOTICE FOR CALIFORNIA RESIDENTS
Stewart Information Services Corporation and its affiliates and majority-owned subsidiary companies (collectively, "Stewart," "our," or "we") respect and
are committed to protecting your privacy. Pursuant to the California Consumer Privacy Act of 2018 ("CCPA") and the California Privacy Rights Act of
2020 ("CPRA"), we are providing this Privacy Notice ("CCPA Notice"). This CCPA Notice explains how we collect, use, and disclose personal
information, when and to whom we disclose such information, and the rights you, as a California resident have regarding your Personal Information.
This CCPA Notice supplements the information contained in Stewart's existing privacy notice and applies solely to all visitors, users, consumers, and
others who reside in the State of California or are considered California Residents as defined in the CCPA ("consumers" or "you"). All tenns defined in
the CCPA & CPRA have the same meaning when used in this Notice.
Personal and Sensitive Personal Information Stewart Collects
Stewart has collected the following categories of personal and sensitive personal information from consumers within the last twelve (12) months:
A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name,
Social Security number, driver's license number, passport number, or other similar identifiers.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code§ 1798.80(e)). A name, signature, Social
Security number, address, telephone number, passport number, driver's license or state identification card number, insurance policy number,
education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information.
C. Protected classification characteristics under California or federal law. Age, race, color, ancestry, national origin, citizenship, marital status,
sex (including gender, gender identity, gender expression), veteran or military status.
D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or
consuming histories or tendencies.
E. Internet or other similar network activity. Browsing history, search history, information on a consumer's interaction with a website, application, or
advertisement.
F. Geolocation data
Stewart obtains the categories of personal and sensitive information listed above from the following categories of sources:
• Directly and indirectly from customers, their designees, or their agents (For example, realtors, lenders, attorneys, brokers, etc.)
• Directly and indirectly from activity on Stewart's website or other applications.
• From third parties that interact with Stewart in connection with the services we provide.
Use of Personal and Sensitive Personal Information
Stewart may use or disclose the personal or sensitive information we collect for one or more of the following purposes:
a. To fulfill or meet the reason for which the information is provided.
b. To provide, support, personalize, and develop our website, products, and services.
c. To create, maintain, customize, and secure your account with Stewart.
d. To process your requests, purchases, transactions, and payments and prevent transactional fraud.
e. To prevent and/or process claims.
f. To assist third party vendors/service providers who complete transactions or perform services on Stewart's behalf pursuant to valid service
provider agreements.
g. As necessary or appropriate to protect the rights, property or safety of Stewart, our customers, or others.
h. To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve
our responses.
i. To personalize your website experience and to deliver content and product and service offerings relevant to your interests, including targeted
offers and ads through our website, third-party sites, and via email or text message (with your consent, where required by law).
j. To help maintain the safety, security, and integrity of our website, products and services, databases and other technology-based assets, and
business.
k. To respond to law enforcement or regulator requests as required by applicable law, court order, or governmental regulations.
I. Auditing for compliance with federal and state laws, rules, and regulations.
m. Performing services including maintaining or servicing accounts, providing customer service, processing, or fulfilling orders and transactions,
verifying customer information, processing payments, providing advertising or marketing services or other similar services.
n. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all our assets,
whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the
assets transferred.
File No.: 2778018-10 Updated 08/24/2023
Stewart will not collect additional categories of personal or sensitive information or use the personal or sensitive information we collected for
materially different, unrelated, or incompatible purposes without providing you notice.
Disclosure of Personal Information to Affiliated Companies and Nonaffiliated Third Parties
Stewart does not sell your personal information to nonaffiliated third parties. Stewart may share your information with those you have designated
as your agent throughout the course of your transaction (for example, a realtor, broker, or a lender).
We share your personal information with the following categories of third parties:
a. Service providers and vendors we contract with to render specific services (For example, search companies, mobile notaries, and companies
providing crediUdebit card processing, billing, shipping, repair, customer service, auditing, marketing, etc.)
b. Affiliated Companies.
c. Parties involved in litigation and attorneys, as required by law.
d. Financial rating organizations, rating bureaus and trade associations.
e. Federal and State Regulators, law enforcement and other government entities
In the preceding twelve (12) months, Stewart has disclosed the following categories of personal information:
Category A: Identifiers
Category B: California Customer Records personal information categories
Category C: Protected classification characteristics under California or federal law
Category D: Commercial Information
Category E: Internet or other similar network activity
Category F: Non-public education information
A. Your Consumer Rights and Choices Under CCPA and CPRA
The CCPA and CPRA provide consumers (California residents as defined in the CCPA) with specific rights regarding their personal information.
This section describes your rights and explains how to exercise those rights.
i. Access to Specific Information and Data Portability Rights
You have the right to request that Stewart disclose certain information to you about our collection and use of your personal information over the
past 12 months. Once we receive and confirm your verifiable consumer request, Stewart will disclose to you:
• The categories of personal information Stewart collected about you.
• The categories of sources for the personal information Stewart collected about you.
• Stewart's business or commercial purpose for collecting that personal information.
• The categories of third parties with whom Stewart shares that personal information.
• The specific pieces of personal information Stewart collected about you (also called a data portability request).
• If Stewart disclosed your personal data for a business purpose, a listing identifying the personal information categories that each category of
recipient obtained.
ii. Deletion Request Rights
You have the right to request that Stewart delete any personal information we collected from you and retained, subject to certain exceptions. Once
we receive and confirm your verifiable consumer request, Stewart will delete (and direct our service providers to delete) your personal information
from our records, unless an exception applies.
Stewart may deny your deletion request if retaining the information is necessary for us or our service providers to:
1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions
reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code§ 1546 seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics
and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you
previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
111. Opt-Out of Information Sharing and Selling
Stewart does not share or sell information to third parties, as the terms are defined under the CCPA and CPRA. Stewart only shares your personal
information as commercially necessary and in accordance with this CCPA Notice.
iv. Correction of Inaccurate Information
You have the right to request that Stewart correct any inaccurate information maintained about.
File No.: 2778018-10 Updated 08/24/2023
v. Limit the Use of Sensitive Personal Information
You have the right to limit how your sensitive personal information, as defined in the CCPA and CPRA is disclosed or shared with third parties.
Exercising Your Rights Under CCPA and CPRA
If you have questions or comments about this notice, the ways in which Stewart collects and uses your information described herein, your choices and
rights regarding such use, or wish to exercise your rights under California law, please submit a verifiable consumer request to us by the available
means provided below:
1. Emailing us at OptOut@stewart.com; or
2. Visiting https://www.stewart.com/en/guick-links/ccpa-reguest.html
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may
also make a verifiable consumer request on behalf of your minor child, if applicable.
To designate an authorized agent, please contact Stewart through one of the methods mentioned above.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an
authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
Stewart cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and
confirm the personal information relates to you.
Making a verifiable consumer request does not require you to create an account with Stewart.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to an additional 45 days),
we will inform you of the reason and extension period in writing.
A written response will be delivered by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also
explain the reasons we cannot comply with a request, if applicable.
Stewart does not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If
we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your
request.
Non-Discrimination
Stewart will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
• Deny you goods or services.
• Charge you a different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Record Retention
Your personal information will not be kept for longer than is necessary for the business purpose for which it is collected and processed. We will retain
your personal information and records based on established record retention policies pursuant to California law and in compliance with all federal and
state retention obligations. Additionally, we will retain your personal information to comply with applicable laws, regulations, and legal processes (such
as responding to subpoenas or court orders), and to respond to legal claims, resolve disputes, and comply with legal or regulatory recordkeeping
requirements.
Changes to This CCPA Notice
Stewart reserves the right to amend this CCPA Notice at our discretion and at any time. When we make changes to this CCPA Notice, we will post the
updated Notice on Stewart's website and update the Notice's effective date.
Link to Privacy Notice
https://www.stewart.com/en/privacv.html
Contact Information
Stewart Information Services Corporation
Attn: Mary Thomas, Chief Compliance and Regulatory Officer
1360 Post Oak Blvd., Ste. 100, MC #14-1
Houston, TX 77056
File No.: 2778018-10 Updated 08/24/2023
Craig Bushong
Mary Lyn Bondlow
1108 Bald Eagle Way
Carbondale, CO 81623
ss
Stewart Title - Glenwood Springs -
Main
1620 Grand Avenue
Glenwood Springs, CO 81601
(970) 945-5434 Phone
(800) 886-2330 Fax
July 10, 2013
Craig Bushong and Mary Lyn Bondlow
1108 Bald Eagle Way
Carbondale, CO 81623
File No:01330-26734
Property Address: 1108 Bald Eagle Way, Carbondale, CO 81623
Dear Customer:
Congratulations on your recent real estate purchase. Enclosed is your Owner's Title Policy. The policy
premium was paid for by the Seller at the time of closing, so there are no monies due from you in this regard.
Please review and retain your policy with your other valuable records.
We have a permanent file regarding your property and can offer expedient and cost efficient service with your
future transactions. In the event you decide to sell or refinance your property in the future, please contact us
for special discounts and faster service.
You may access all your closing documents through the Internet on SureClose by visiting
www.stewartcolorado.com. You may contact your local Escrow Officer for login and password information.
Sincerely,
Stewart Title - Glenwood Springs - Main
stewart title
If you want information about coverage or need assistance to resolve complaints, please call our toll free number: 1-800-729-1902. If you make a claim under
your policy, you must furnish written notice in accordance with Section 3 of the Conditions. Visit our World-Wide Web site at http://www.stewart.com.
ALTA Owner's Policy (6/17/06)
OWNER'S POLICY OF TITLE INSURANCE
ISSUED BY
STEWART TITLE GUARANTY 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, STEWART TITLE GUARANTY COMPANY, a Texas 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 filed, 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.
Countersigned by:
Stewart Title - Glenwood Springs - Main
1620 Grand Avenue
Glenwood Springs, CO 81601
(970) 945-5434
Agent ID: 06051A
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 01330-26734
Page 1 of Policy Serial No.: O-9301-001852966
COVERED RISKS (Continued)
9.xTitle being vested other than as stated in 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
(ii)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 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
incurred in defense of any matter insured against by this Policy, but only
to the extent provided in the Conditions.
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;
(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.
(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.
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 01330-26734
Page 2 of Policy Serial No.: O-9301-001852966
CONDITIONS (Continued)
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 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 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.
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 01330-26734
Page 3 of Policy Serial No.: O-9301-001852966
CONDITIONS (Continued)
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 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 therefor 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 Claims Department at P.O. Box 2029, Houston,
TX 77252-2029.
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 01330-26734
Page 4 of Policy Serial No.: O-9301-001852966
SCHEDULE A
Name and Address of
Title Insurance Company:
Stewart Title Guaranty Company
P.O. Box 2029, Houston, TX 77252
Prepared by: Colorado Regional Production Center
Title Officer: Susan Sarver
File No.:01330-26734 Policy No.:O-9301-001852966
Address Reference:1108 Bald Eagle Way, Carbondale, CO 81623
(For Company Reference Purposes Only)
Amount of Insurance: $831,500.00 Premium:$1,949.00
Date of Policy:July 10, 2013 at 2:45 pm
1. Name of Insured:
Craig Bushong and Mary Lyn Bondlow
2. The estate or interest in the Land that is insured by this policy is:
Fee Simple
3. Title is vested in:
Craig Bushong and Mary Lyn Bondlow
4. The Land referred to in this policy is described as follows:
Lot SD-8
ASPEN GLEN FILING NO. 4
According to the plat recorded May 8, 2003 as Reception No. 626949.
County of Garfield, State of Colorado
ALTA OWNER'S POLICY (6/17/06)
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 01330-26734
CO STG ALTA Owner's Policy Sch A STCO
Page 1 of 1 STEWART TITLE
GUARANTY COMPANY
File No.: 01330-26734 Policy No.: O-9301-001852966
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or
expenses) that arise by reason of:
1.
2.
3.
4.
5.
6.
Rights or claims of parties in possession, not shown by the public records.
Easements, or claims of easements, not shown by the public records.
Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that
would be disclosed by an accurate and complete land survey of the Land and not shown by the public
records.
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.
(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and
that may be produced from the Land, together with all rights, privileges, and immunities relating thereto,
whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in
Schedule B.
Water rights, claims or title to water.
7. All taxes for 2013 and subsequent years, which are a lien not yet payable.
8.
9.
10.
11.
12.
13.
14.
The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other
district or inclusion in any water service or street improvement area.
Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to
penetrate or intersect the premises hereby granted, and a right of way for ditches or canals constructed by the
authority of the United States, as reserved in United States Patent recorded July 25, 1894 in Book 12 at Page 332
as Reception No. 17522.
Rights and reservations in Warranty Deed recorded December 26, 1958 in Book 314 at Page 160 as Reception
No. 203858, and any and all assignments of record, or otherwise, thereof, or interests therein.
Rights and reservations in Warranty Deed recorded September 26, 1961 in Book 336 at Page 570 as Reception
No. 215212, and any and all assignments of record, or otherwise, thereof, or interests therein.
Easements recorded February 10, 1995 in Book 931 at Page 354 as Reception No. 474356, in Book 931 at Page
374 as Reception No. 474357, in Book 931 at Page 393 as Reception No. 474358, in Book 931 at Page 412 as
Reception No. 474359 and in Book 931 at Page 432 as Reception No. 474360.
Resolutions by the Board of County Commissioners of Garfield County, Colorado, as follows:
A. Resolution No. 92-056 recorded June 29, 1992 in Book 835 at Page 305 as Reception No. 436262.
B. Resolution No. 93-121 recorded December 28, 1993 in Book 887 at Page 824 as Reception No. 457154.
C. Resolution No. 94-008 recorded February 2, 1994 in Book 891 at Page 620 as Reception No. 458796.
D. Resolution No. 94-089 recorded August 9, 1994 in Book 911 at Page 791 as Reception No. 466955.
E. Resolution No. 94-139 recorded December 13, 1994 in Book 925 at Page 345 as Reception No. 472058.
ALTA OWNER'S POLICY (6/17/06)
SCHEDULE B
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 01330-26734
CO STG ALTA Owner's Policy Sch B SE
Page 1 of 2 STEWART TITLE
GUARANTY COMPANY
15.
16.
17.
18.
19.
20.
21.
22.
23.
F. Resolution No. 95-004 recorded January 17, 1995 in Book 929 at Page 64 as Reception No. 473462.
G. Resolution No. 96-26 recorded May 9, 1996 in Book 977 at Page 399 as Reception No. 492765.
H. Resolution No. 96-06 recorded February 9, 1996 in Book 966 at Page 682 as Reception No. 488797.
I. Resolution No. 96-07 recorded February 9, 1996 in Book 966 at Page 686 as Reception No. 488798.
Agreements recorded April 12, 1992 in Book 827 at Page 636 as Reception No. 433216 and recorded June 29,
1993 in Book 835 at Page 364 as Reception No. 436263.
Agreements recorded August 19, 1994 in Book 912 at Page 970 as Reception No. 467450 and recorded August
19, 1994 in Book 912 at Page 973 as Reception No. 467451.
Master Declaration recorded April 6, 1995 in Book 936 at Page 350 as Reception No. 476328, First Supplemental
Declaration recorded July 15, 1997 in Book 1026 at Page 161 as Reception No. 510976, Second Supplemental
Declaration recorded November 26, 1997 in Book 1043 at Page 850 as Reception No. 516966, Third
Supplemental Declaration recorded February 10, 1998 in Book 1053 at Page 8 as Reception No. 520203, Fourth
Supplemental Declaration recorded February 10, 1998 in Book 1053 at Page 30 as Reception No. 520209, Fifth
Supplemental Declaration recorded May 1, 1998 in Book 1065 at Page 800 as Reception No. 524479, Sixth
Supplemental Declaration recorded May 22, 1998 in Book 1069 at Page 58 as Reception No. 525647, Seventh
Supplemental Declaration recorded August 24, 1998 in Book 1084 at Page 943 as Reception No. 531005, Eighth
Supplemental Declaration recorded October 26, 1998 in Book 1094 at Page 517 as Reception No. 534299, Ninth
Supplemental Declaration recorded August 17, 1999 in Book 1145 at Page 680 as Reception No. 550617, Tenth
Supplemental Declaration recorded November 19, 1999 in Book 1161 at Page 293 as Reception No. 555596,
Eleventh Supplemental Declaration recorded September 23, 1999 in Book 1151 at Page 877 as Reception No.
552597, Twelfth Supplemental Declaration recorded December 14, 1999 in Book 1164 at Page 755 as Reception
No. 556668, Thirteenth Supplemental Declaration recorded July 17, 2000 in Book 1197 at Page 740 as Reception
No. 566379, Fourteenth Supplemental Declaration recorded May 8, 2003 in Book 1467 at Page 910 as Reception
No. 626952, First Amendment to the Master Declaration recorded October 30, 2003 in Book1533 at Page 735 as
Reception No. 639707 and Fifteenth Supplemental Declaration recorded December 21, 2004 in Book 1649 at
Page 891 as Reception No. 665692, Amended Declaration of Covenants, Conditions and Restrictions for Aspen
Glen recorded March 23, 2007 in Book 1905 at Page 523 as Reception No. 719512.
Matters disclosed on the Plat of Aspen Glen Planned Unit Development recorded April 6, 1995 as Reception No.
476330 and on the Plat of Aspen Glen Filing No. 5 recorded May 8, 2003 as Reception No. 626949.
Easement Deed recorded April 6, 1995 in Book 936 at Page 458 as Reception No. 476331.
Declaration of Golf Facilities Development, Construction and Operational Easement, recorded April 6, 1995 in
Book 936 at Page 314 as Reception No. 476327.
Special Warranty Deed and Grant of Easement, recorded December 31, 1996 in Book 1005 at Page 228 as
Reception No. 503024.
Transfer of Declarant Rights, recorded May 19, 2003 in Book 1471 at Page 135 as Reception No. 627599.
Amended Bylaws of the Homeowners Association at Aspen Glen recorded March 23, 2007 in Book 1905 at Page
577 as Reception No. 719513
ALTA OWNER'S POLICY (6/17/06)
SCHEDULE B
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 01330-26734
CO STG ALTA Owner's Policy Sch B SE
Page 2 of 2 STEWART TITLE
GUARANTY COMPANY
Anti-Fraud Statement
CRS 10-1-128
File No.: 01330-26734
"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."
STG Privacy Notice 1 (Rev 01/26/09) Stewart Title Companies
WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION?
Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable
state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice
carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title
Guaranty Company and its affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA).
The types of personal information we collect and share depend on the product or service that you have sought through us. This
information can include social security numbers and driver's license number.
All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday
business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share
customers' personal information; the reasons that we choose to share; and whether you can limit this sharing.
Reasons we can share your personal information Do we share?Can you limit this sharing?
For our everyday business purposes— to process your transactions and
maintain your account. This may include running the business and managing
customer accounts, such as processing transactions, mailing, and auditing services,
and responding to court orders and legal investigations.
Yes No
For our marketing purposes— to offer our products and services to you.Yes No
For joint marketing with other financial companies No We don't share
For our affiliates' everyday business purposes— information about your
transactions and experiences. Affiliates are companies related by common
ownership or control. They can be financial and non-financial companies. Our
affiliates may include companies with a Stewart name; financial companies,
such as Stewart Title Company
Yes No
For our affiliates' everyday business purposes— information about your
creditworthiness.No We don't share
For our affiliates to market to you Yes No
For non-affiliates to market to you. Non-affiliates are companies not related by
common ownership or control. They can be financial and non-financial companies.No We don't share
We may disclose your personal information to our affiliates or to non-affiliates as permitted by law. If you request a transaction with a
non-affiliate, such as a third party insurance company, we will disclose your personal information to that non-affiliate. [We do not
control their subsequent use of information, and suggest you refer to their privacy notices.]
_____________________________________________________________________________________________________________________________________________________________
Sharing practices
How often do the Stewart Title Companies
notify me about their practices?
We must notify you about our sharing practices when you request a transaction.
How do the Stewart Title Companies
protect my personal information?
To protect your personal information from unauthorized access and use, we use
security measures that comply with federal and state law. These measures
include computer, file, and building safeguards.
How do the Stewart Title Companies
collect my personal information?
We collect your personal information, for example, when you
y
y
request insurance-related services
provide such information to us
We also collect your personal information from others, such as the real estate
agent or lender involved in your transaction, credit reporting agencies, affiliates
or other companies.
What sharing can I limit?Although federal and state law give you the right to limit sharing (e.g., opt out) in
certain instances, we do not share your personal information in those instances.
Contact Us If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty
Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056
File No.: 01330-26734 Page 1 of 1
ENDORSEMENT
ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE
SERIAL NUMBER O-9301-001852966
Issued by
STEWART TITLE GUARANTY COMPANY
File No.: 01330-26734 Charge: $50.00
Said Policy is hereby amended by deleting paragraphs 1 - 4, inclusive of Schedule B.
This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior
endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the
policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor
does it increase the face amount thereof.
Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature.
Countersigned by:
Stewart Title - Glenwood Springs - Main
1620 Grand Avenue
Glenwood Springs, CO 81601
Agent ID: 06051A
Endorsement
Serial No.E-9851-015718393
CO STG Endorsement 110.1 Deletion of Exception
ALTA Owner
File No. 01330-26734
STG CLTA Form 110.1 Deletion of Exception
ALTA Owner
Page 1 of 1
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Thank you for putting your trust in Land Title. Below is the estimate of title fees for the
transaction. The final fees will be collected at closing. Visit ltgc.com to learn more about
Land Title.
Estimate of Title Insurance Fees
"TBD" Commitment $279.00
TBD -TBD IncQms; $-272.Q0
TOTAL $0.00
Note: The documents linked in this commitment should be reviewed carefully.
These documents, such as covenants conditions and restrictions, may affect the
title, ownership and use of the property. You may wish to engage legal assistance in
order to fully understand and be aware of the implications of the documents on your
property.
Chain of Title Documents:
Garfield county recorded 02/24/2014 under reception no. 846532
Plat Map(s):
Garfield county recorded 05/08/2003 under reception no. 626949
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number: GW63021928-
1
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-L -•
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Property Address:
49 SUNDANCE TRAIL, CARBONDALE, CO 81623
1. Effective Date:
05/16/2025 at 5:00 P.M.
2. Policy to be Issued and Proposed Insured:
"TBD" Comm itment
Proposed Insured:
A BUYER TO BE DETERMINED
$0.00
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
FEE SIMPLE
4 . Title to the estate or interest covered herein is at the effective date hereof vested in:
CRAIG BUSHONG AND MARY LYN BOND LOW
5. The Land referred to in this Commitment is described as follows:
LOT SD-10
ASPEN GLEN, FILING NO. 4
ACCORDING TO THE FINAL PLAT THEREOF RECORDED MAY 8, 2003 AS RECEPTION NO . 626949 .
COUNTY OF GARFIELD
STATE OF COLORADO
Copyright 2006-2025 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good
standing as of the date of use. All other uses are prohibited. Reprinted unde r license
from the American Land Title Association.
AME RI CAN
LAND TITLE
ASSOCIATION
~
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ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: GW63021928-2
All of the following Requirements must be met:
This proposed Insured must notify the Company in writing of the name of any party not referred to in
this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The
Company may then make additional Requirements or Exceptions.
Pay the agreed amount for the estate or interest to be insured.
Pay the premiums, fees, and charges for the Policy to the Company.
Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured,
or both, must be properly authorized, executed, delivered, and recorded in the Public Records.
THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT
HERETO.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: GW63021928-2
This commitment does not republish any covenants, condition, restriction, or limitation contained
in any document referred to in this commitment to the extent that the specific covenant,
conditions, restriction, or limitation violates state or federal law based on race, color, religion,
sex, sexual orientation, gender identity, handicap, familial status, or national origin.
1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the land or that may be asserted by persons in possession of the
land.
2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title
that would be disclosed by an accurate and complete land survey of the Land and not shown by
the Public Records.
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4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished,
imposed by law and not shown by the Public Records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in
the public records or attaching subsequent to the effective date hereof but prior to the date of the
proposed insured acquires of record for value the estate or interest or mortgage thereon covered
by this Commitment.
6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing
authority that levies taxes or assessments on real property or by the Public Records; (b)
proceedings by a public agency that may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the Public Records.
7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
8. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE
AUTHORITY OF THE UNITED STATES , AS RESERVED IN UNITED STATES PATENT RECORDED
JULY 24, 1894 IN BOOK 12 AT PAGE 329 .
9. TERMS AND CONDITIONS OF RESOLUTIONS BY THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO , CONCERNING THE ASPEN GLEN PLANNED UNIT
DEVELOPMENT AND OTHER MATTERS, AS SET FORTH AS FOLLOWS:
A. RESOLUTION NO. 92-056 RECORDED JUNE 29, 1992 IN BOOK 835 AT PAGE 305 .
B. RESOLUTION NO. 93-121 RECORDED DECEMBER 28, 1993 IN BOOK 887 AT PAGE 824 .
C. RESOLUTION NO. 94-008 RECORDED FEBRUARY 02, 1994 IN BOOK 891 AT PAGE 620 .
D. RESOLUTION NO. 94-089 RECORDED AUGUST 09, 1994 IN BOOK 911 AT PAGE 791 .
E. RESOLUTION NO. 94-139 RECORDED DECEMBER 13, 1994 IN BOOK 925AT PAGE 345 .
F. RESOLUTION NO. 95-004 RECORDED JANUARY 17, 1995 IN BOOK 929 AT PAGE 64 .
G. RESOLUTION NO. 96-06 RECORDED FEBRUARY 09, 1996 IN BOOK 966 AT PAGE 682 .
H. RESOLUTION NO. 96-07 RECORDED FEBRUARY 09, 1996 IN BOOK 966 AT PAGE 686 .
I. RESOLUTION NO. 96-26 RECORDED MAY 09, 1996 IN BOOK 977 AT PAGE 399 .
10. TERMS, CONDITIONS, PROVISIONS , OBLIGATIONS, RESTRICTIONS, EASEMENTS AND RIGHTS
OF WAY AS CONTAINED IN IN DECLARATION OF GOLF FACILITIES DEVELOPMENT,
CONSTRUCTION AND OPERATIONAL EASEMENT RECORDED APRIL 06, 1995 IN BOOK 936 AT
PAGE 314 .
11. TERMS, CONDITIONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENT AS CONTAINED IN
INSTRUMENT RECORDED APRIL 06, 1995 IN BOOK 936 AT PAGE 444 .
12. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF EASEMENTS AND RIGHT OF WAY AS
SET FORTH IN INSTRUMENT RECORDED APRIL 6, 1995 IN BOOK 936 AT PAGE 458 .
13. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE,
AS CONTAINED IN MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR ASPEN GLEN , BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON
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RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS,
DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH
IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR
RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED
APRIL 06, 1995 IN BOOK 936 AT PAGE 350 , FIRST SUPPLEMENTAL DECLARATION RECORDED
JULY 15, 1997 IN BOOK 1026AT PAGE 161 , SECOND SUPPLEMENTAL DECLARATION RECORDED
NOVEMBER 26, 1997 IN BOOK 1043 AT PAGE 850 , THIRD SUPPLEMENTAL DECLARATION
RECORDED FEBRUARY 10, 1998 IN BOOK 1053AT PAGE 8 , FOURTH SUPPLEMENTAL
DECLARATION RECORDED FEBRUARY 10, 1998 IN BOOK 1053AT PAGE 30 , FIFTH
SUPPLEMENTAL DECLARATION RECORDED MAY 01, 1998 IN BOOK 1065 AT PAGE 800 , SIXTH
SUPPLEMENTAL DECLARATION RECORDED MAY 22, 1998 IN BOOK 1069 AT PAGE 58 , SEVENTH
SUPPLEMENTAL DECLARATION RECORDED AUGUST 24, 1998 IN BOOK 1084 AT PAGE 943 ,
EIGHTH SUPPLEMENTAL DECLARATION RECORDED OCTOBER 26, 1998 IN BOOK 1094 AT PAGE
517 , NINTH SUPPLEMENTAL DECLARATION RECORDED AUGUST 17, 1999 IN BOOK 1145 AT PAGE
680 , TENTH SUPPLEMENTAL DECLARATION RECORDED NOVEMBER 19, 1999 IN BOOK 1161 AT
PAGE 293 , ELEVENTH SUPPLEMENTAL DECLARATION RECORDED SEPTEMBER 23, 1999 IN
BOOK 1151 AT PAGE 877 , TWELFTH SUPPLEMENTAL DECLARATION RECORDED DECEMBER 14,
1999 IN BOOK 1164 AT PAGE 755 , THIRTEENTH SUPPLEMENTAL DECLARATION RECORDED JULY
17, 2000 IN BOOK 1197 AT PAGE 740 , FOURTEENTH SUPPLEMENTAL DECLARATION RECORDED
MAY 08, 2003 IN BOOK 1467 AT PAGE 910 , AND FIFTEENTH SUPPLEMENTAL DECLARATION
RECORDED DECEMBER 21, 2004 IN BOOK 1649 AT PAGE 891 .
14. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF WARRANTY DEED AND GRANT OF
EASEMENT RECORDED DECEMBER 31, 1996 IN BOOK 1005AT PAGE 228 .
15. TERMS, CONDITIONS AND PROVISIONS OF TRANSFER OF DECLARANTS RIGHTS RECORDED
MAY 19, 2003 IN BOOK 1471 AT PAGE 135.
16. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE
PLAT OF APSEN GLEN FILING NO. 1 RECORDED APRIL 06, 1995, UNDER RECEPTION NO. 476330 .
17. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE
PLAT OF ASPEN GLEN FILING NO. 4 RECORDED MAY 08, 2003, UNDER RECEPTION NO. 626949 .
18. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE
CORRECTION PLAT OF ASPEN GLEN RECORDED MARCH 13, 2007, UNDER RECEPTION NO.
718915 .
19. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE,
BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR,
RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY,
HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN
APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR
RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED
MARCH 23, 2007, IN BOOK 1905AT PAGE 523 AND FIRST AMENDMENT THERETO RECORDED
NOVEMBER 5, 2020 AS RECEPTION NO. 944700 , AND SECOND AMENDMENT THERETO
RECORDED SEPTEMBER 8, 2021 UNDER RECEPTION NO. 962780 .
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20. TERMS, CONDITIONS AND PROVISIONS OF BYLAWS RECORDED MARCH 23, 2007 UNDER
RECEPTION NO. 719513 .
21. TERMS, CONDITIONS, STIPULATIONS, OBLIGATIONS AND PROVISIONS OF EASEMENT DEED
AND RESTRICTIVE COVENANT AGREEMENT, RECORDED MARCH 07, 2023, UNDER RECEPTION
NO. 983979 .
Landlitte·
GUA RA NTEE COM PA NY
-Since 1967 --
Land Title Guarantee Company
Disclosure Statements
Note: Pursuant to CRS 10-11-122, notice is hereby given that:
The Subject real property may be located in a special taxing district.
A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the
county in which the real property is located or that county treasurer's authorized agent unless the proposed
insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a
sale of residential real property).
The information regarding special districts and the boundaries of such districts may be obtained from the
Board of County Commissioners, the County Clerk and Recorder, or the County Assessor.
Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in
the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of
at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not
conform, except that, the requirement for the top margin shall not apply to documents using forms on which space
is provided for recording or filing information at the top margin of the document.
Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all
matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is
responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided
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that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for
recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title
Policy and the Lenders Policy when issued.
Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no.
4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the
following conditions:
The land described in Schedule A of this commitment must be a single family residence which includes a
condominium or townhouse unit.
No labor or materials have been furnished by mechanics or material-men for purposes of construction on
the land described in Schedule A of this Commitment within the past 6 months.
The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's
and material-men's liens.
The Company must receive payment of the appropriate premium.
If there has been construction, improvements or major repairs undertaken on the property to be purchased
within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens
will include: disclosure of certain construction information; financial information as to the seller, the builder
and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements
satisfactory to the company, and, any additional requirements as may be necessary after an examination of
the aforesaid information by the Company.
No coverage will be given under any circumstances for labor or material for which the insured has contracted for
or agreed to pay.
Note: Pursuant to CRS 10-11-123, notice is hereby given:
This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the
surface estate, in Schedule B-2.
That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed
from the surface estate and that there is substantial likelihood that a third party holds some or all interest in
oil, gas, other minerals, or geothermal energy in the property; and
That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or
information to an insurance company for the purpose of defrauding or attempting to defraud the company.
Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or
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agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a
policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with
regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of
Insurance within the Department of Regulatory Agencies.
Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a
closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction.
Note: Pursuant to CRS 24-21-514.5 , Colorado notaries may remotely notarize real estate deeds and other
documents using real-time audio-video communication technology. You may choose not to use remote
notarization for any document.
Land Title·
GUARANTEE COMPANY
--Si11te 1967--
Joint Notice of Privacy Policy of
Land Title Guarantee Company
Land Title Insurance Corporation and
Old Republic National Title lnsurancy
Company
This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title
Insurance Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal
and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your
trust and confidence is the bedrock of our business. We maintain and regularly review internal and external
safeguards against unauthorized access to your non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
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applications or other forms we receive from you, including communications sent through TMX, our web-
based transaction management system;
your transactions with, or from the services being performed by us, our affiliates, or others;
a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
The public records maintained by governmental entities that we obtain either directly from those entities, or
from our affiliates and non-affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows:
We restrict access to all Personal Information about you to those employees who need to know that
information in order to provide products and services to you.
We may share your Personal Information with affiliated contractors or service providers who provide
services in the course of our business, but only to the extent necessary for these providers to perform their
services and to provide these services to you as may be required by your transaction.
We maintain physical, electronic and procedural safeguards that comply with federal standards to protect
your Personal Information from unauthorized access or intrusion.
Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary
action.
We regularly assess security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE
THAT IS NOT STATED ABOVE OR PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be
disclosed. We may disclose your Personal Information when you direct or give us permission; when we are
required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal
activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws
such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or
relationship with you.
Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our
privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American
Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court
having jurisdiction thereof.
Commitment For Title Insurance
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Issued by Old Republic National Title Insurance Company
NOTICE
IMPORTANT-READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE
POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS
COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION,
OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE
COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE
PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL
LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN
ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING
THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON ..
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and the Commitment Conditions, Old Republic National Title
Insurance Company, a Minnesota corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment.
This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has
entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B,
Part I-Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company's liability and
obligation end.
COMMITMENT CONDITIONS
DEFINITIONS
"Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records.
"Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does not include
any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets,
roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is
to be insured by the Policy.
"Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.
"Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company
pursuant to this Commitment.
"Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this
Commitment.
"Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant
to this Commitment.
"Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of
matters relating to real property to purchasers for value and without Knowledge.
"Title": The estate or interest described in Schedule A.
If all of the Schedule B, Part I-Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment
terminates and the Company's liability and obligation end.
The Company's liability and obligation is limited by and this Commitment is not valid without:
the Notice;
the Commitment to Issue Policy;
the Commitment Conditions;
Schedule A;
Schedule B, Part I-Requirements; and
Schedule B, Part II-Exceptions; and
a counter-signature by the Company or its issuing agent that may be in electronic form.
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COMPANY'S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien , encumbrance, adverse
claim , or other matter recorded in the Public Records prior to the Commitment Date , any liability of the Company is limited by Commitment
Condition 5. The Company shall not be liable for any other amendment to this Commitment.
LIMITATIONS OF LIABILITY
The Company's liability under Commitment Condition 4 is limited to the Proposed lnsured 's actual expense incurred in the interval between
the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the
Proposed lnsured 's good faith reliance to:
comply with the Schedule B, Part I-Requirements;
eliminate, with the Company's written consent, any Schedule B, Part II-Exceptions; or
acquire the Title or create the Mortgage covered by this Commitment.
The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of
the matter and did not notify the Company about it in writing.
The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the
Commitment included the added matter when the Commitment was first delivered to the Proposed Insured .
The Company 's liability shall not exceed the lesser of the Proposed lnsured 's actual expense incurred in good faith and described in
Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
The Company shall not be liable for the content of the Transaction Identification Data , if any.
In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I-
Requirements have been met to the satisfaction of the Company.
In any event, the Company's liability is limited by the terms and provisions of the Policy.
LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
Only a Proposed Insured identified in Schedule A, and no other person , may make a claim under this Commitment.
Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.
Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the
subject matter of this Commitm e nt and supersedes all prior commitment negotiations, representations , and proposals of any kind, whether
written or oral , express or implied, relating to the subject matter of this Commitment.
The deletion or modification of any Schedule B , Part II-Exception does not constit ute an agreement or obligation to provide cove rage
beyond the terms and provisions of this Commitment or the Policy.
Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.
When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Pol icy.
IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company's agent only for the li mited purpose of issuing title insurance co mmitments and policies. The issuing agent is not
the Company's agent for the purpose of providing closing or settlement services.
PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A
pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured , nor is it a commitment
to insure.
ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000 ,000 or less shall be arbitrated at the
option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the
arbitration rules at http://www.alta.org/arbitration .
IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date
shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
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Issued by:
Land Title Guarantee Company
3033 East First Avenue Suite 600
Denver, Colorado 80206
303-321-1880
tPR~
Craig 8. Rants, Senior Vice President
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OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
1408 North Westshore Blvd., Suite 900, Tampa, Florida 33607
(612) 371-1111 www.oldrepubl/ctltle.com
By
Attest
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President
Secretary
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment
is not valid without the Notice; the Commitment to Issue Policy ; the Commitment Conditions ; Schedule A; Schedule B, Part I-Requirements; and
Schedule B, Part II-Exc eptions; and a counter-signature by the Company or its issuing agent that may be in electronic form .
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use . All other
uses are prohibited . Reprinted under li cense from the American Land Title Association.
Marisa Bartnik
Closing Assistant
direct: (970) 930-9812 x7812
office: (970) 945-2610
fax: (800) 318-8206
email: mbartnik@ltgc.com
---------Landl1tte·
Land Title Guarantee Company
901 Grand Avenue, Suite 202
Glenwood Springs, CO 81601
GU ARA/\'TEE COM PAN Y
--Since 1967--
Prevent fraud -Please call a member of our closing team for wire transfer instructions or to initiate a wire
transfer. Note that our wiring instructions will never change.
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!A
template : commitment.html 08/2016
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MARY LYN BONDLOW
ATTN:
1108 BALD EAGLE WAY
Carbondale, CO 81623
Reference
Your Reference Number:
Our Order Number:63021928
Our Customer Number:3006551.0
Invoice (Process) Date:06/09/2025
Transaction Invoiced By:Christie Blackard
Email Address:cblackard@ltgc.com
INVOICE
Land Title Guarantee Company
5975 Greenwood Plaza Blvd Suite 125
Greenwood Village, CO 80111
(303) 270-0445
Tax ID: 84-0572036
Invoice Number:GWS-6283
Property Address:49 SUNDANCE TRAIL, CARBONDALE, CO 81623
Parties:A BUYER TO BE DETERMINED
- Charges -
"TBD" Commitment $279.00
Amount Credited $0.00
Total Invoice Amount $279.00
Total Amount Due $279.00
Payment due upon receipt
Please reference Invoice No. GWS-6283 on payment
Please make check payable and send to:
Land Title Guarantee Company
5975 Greenwood Plaza Blvd Suite 125
Greenwood Village, CO 80111
Form 1128 accounting/invoice.html 63021928
(34074916)
Customer Distribution
Prevent fraud - Please call a member of our closing team for wire transfer
instructions or to initiate a wire transfer. Note that our wiring instructions will
never change.
Order Number: GW63021928 Date: 06/09/2025
Property Address: 49 SUNDANCE TRAIL, CARBONDALE, CO 81623
For Closing Assistance For Title Assistance
Land Title Garfield County Title
Team
901 GRAND AVENUE, SUITE 202
GLENWOOD SPRINGS, CO
81601
(970) 945-2610 (Work)
(970) 945-4784 (Work Fax)
glenwoodresponse@ltgc.com
Seller/Owner
MARY LYN BONDLOW
Attention: MARY LYN BONDLOW
Delivered via: Electronic Mail
Surveyor
TUTTLE SURVEYING SERVICES INC
Attention: JEFF TUTTLE
Delivered via: Electronic Mail
Estimate of Title Fees
Order Number: GW63021928 Date: 06/09/2025
Property Address: 49 SUNDANCE TRAIL, CARBONDALE, CO 81623
Seller(s): CRAIG BUSHONG AND MARY LYN BONDLOW
Buyer(s): A BUYER TO BE DETERMINED
Thank you for putting your trust in Land Title. Below is the estimate of title fees for the
transaction. The final fees will be collected at closing. Visit ltgc.com to learn more about
Land Title.
Estimate of Title Insurance Fees
"TBD" Commitment $279.00
TOTAL $279.00
Note: The documents linked in this commitment should be reviewed carefully. These
documents, such as covenants conditions and restrictions, may affect the title, ownership and
use of the property. You may wish to engage legal assistance in order to fully understand and
be aware of the implications of the documents on your property.
Chain of Title Documents:
Garfield county recorded 02/24/2014 under reception no. 846532
Plat Map(s):
Garfield county recorded 05/08/2003 under reception no. 626949
Copyright 2006-2025 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the
American Land Title Association.
Property Address:
49 SUNDANCE TRAIL, CARBONDALE, CO 81623
1.Effective Date:
05/16/2025 at 5:00 P.M.
2.Policy to be Issued and Proposed Insured:
"TBD" Commitment
Proposed Insured:
A BUYER TO BE DETERMINED
$0.00
3.The estate or interest in the land described or referred to in this Commitment and covered herein is:
FEE SIMPLE
4.Title to the estate or interest covered herein is at the effective date hereof vested in:
CRAIG BUSHONG AND MARY LYN BONDLOW
5.The Land referred to in this Commitment is described as follows:
LOT SD-10
ASPEN GLEN, FILING NO. 4
ACCORDING TO THE FINAL PLAT THEREOF RECORDED MAY 8, 2003 AS RECEPTION NO. 626949.
COUNTY OF GARFIELD
STATE OF COLORADO
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule A
Order Number:GW63021928
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part I
(Requirements)
Order Number: GW63021928
All of the following Requirements must be met:
This proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may
then make additional Requirements or Exceptions.
Pay the agreed amount for the estate or interest to be insured.
Pay the premiums, fees, and charges for the Policy to the Company.
Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both,
must be properly authorized, executed, delivered, and recorded in the Public Records.
THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO.
This commitment does not republish any covenants, condition, restriction, or limitation contained in any
document referred to in this commitment to the extent that the specific covenant, conditions, restriction,
or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender
identity, handicap, familial status, or national origin.
1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be
ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land.
2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.
3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land and not shown by the Public
Records.
4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by
law and not shown by the Public Records.
5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
public records or attaching subsequent to the effective date hereof but prior to the date of the proposed
insured acquires of record for value the estate or interest or mortgage thereon covered by this
Commitment.
6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that
levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public
agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown
by the records of such agency or by the Public Records.
7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
8.RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM,
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED,
AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED
STATES, AS RESERVED IN UNITED STATES PATENT RECORDED JULY 24, 1894 IN BOOK 12 AT PAGE
329.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: GW63021928
9.TERMS AND CONDITIONS OF RESOLUTIONS BY THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO, CONCERNING THE ASPEN GLEN PLANNED UNIT DEVELOPMENT
AND OTHER MATTERS, AS SET FORTH AS FOLLOWS:
A. RESOLUTION NO. 92-056 RECORDED JUNE 29, 1992 IN BOOK 835 AT PAGE 305.
B. RESOLUTION NO. 93-121 RECORDED DECEMBER 28, 1993 IN BOOK 887 AT PAGE 824.
C. RESOLUTION NO. 94-008 RECORDED FEBRUARY 02, 1994 IN BOOK 891 AT PAGE 620.
D. RESOLUTION NO. 94-089 RECORDED AUGUST 09, 1994 IN BOOK 911 AT PAGE 791.
E. RESOLUTION NO. 94-139 RECORDED DECEMBER 13, 1994 IN BOOK 925 AT PAGE 345.
F. RESOLUTION NO. 95-004 RECORDED JANUARY 17, 1995 IN BOOK 929 AT PAGE 64.
G. RESOLUTION NO. 96-06 RECORDED FEBRUARY 09, 1996 IN BOOK 966 AT PAGE 682.
H. RESOLUTION NO. 96-07 RECORDED FEBRUARY 09, 1996 IN BOOK 966 AT PAGE 686.
I. RESOLUTION NO. 96-26 RECORDED MAY 09, 1996 IN BOOK 977 AT PAGE 399.
10.TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS, RESTRICTIONS, EASEMENTS AND RIGHTS OF WAY
AS CONTAINED IN IN DECLARATION OF GOLF FACILITIES DEVELOPMENT, CONSTRUCTION AND
OPERATIONAL EASEMENT RECORDED APRIL 06, 1995 IN BOOK 936 AT PAGE 314.
11.TERMS, CONDITIONS, AND PROVISIONS OF SUBDIVIDER'S AGREEMENT AS CONTAINED IN
INSTRUMENT RECORDED APRIL 06, 1995 IN BOOK 936 AT PAGE 444.
12.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF EASEMENTS AND RIGHT OF WAY AS SET
FORTH IN INSTRUMENT RECORDED APRIL 6, 1995 IN BOOK 936 AT PAGE 458.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: GW63021928
13.RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, AS
CONTAINED IN MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR
ASPEN GLEN, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE,
COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY,
HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE
STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS
PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED APRIL 06, 1995 IN
BOOK 936 AT PAGE 350, FIRST SUPPLEMENTAL DECLARATION RECORDED JULY 15, 1997 IN BOOK
1026 AT PAGE 161, SECOND SUPPLEMENTAL DECLARATION RECORDED NOVEMBER 26, 1997 IN BOOK
1043 AT PAGE 850, THIRD SUPPLEMENTAL DECLARATION RECORDED FEBRUARY 10, 1998 IN BOOK
1053 AT PAGE 8, FOURTH SUPPLEMENTAL DECLARATION RECORDED FEBRUARY 10, 1998 IN BOOK
1053 AT PAGE 30, FIFTH SUPPLEMENTAL DECLARATION RECORDED MAY 01, 1998 IN BOOK 1065 AT
PAGE 800, SIXTH SUPPLEMENTAL DECLARATION RECORDED MAY 22, 1998 IN BOOK 1069 AT PAGE 58,
SEVENTH SUPPLEMENTAL DECLARATION RECORDED AUGUST 24, 1998 IN BOOK 1084 AT PAGE 943,
EIGHTH SUPPLEMENTAL DECLARATION RECORDED OCTOBER 26, 1998 IN BOOK 1094 AT PAGE 517,
NINTH SUPPLEMENTAL DECLARATION RECORDED AUGUST 17, 1999 IN BOOK 1145 AT PAGE 680,
TENTH SUPPLEMENTAL DECLARATION RECORDED NOVEMBER 19, 1999 IN BOOK 1161 AT PAGE 293,
ELEVENTH SUPPLEMENTAL DECLARATION RECORDED SEPTEMBER 23, 1999 IN BOOK 1151 AT PAGE
877, TWELFTH SUPPLEMENTAL DECLARATION RECORDED DECEMBER 14, 1999 IN BOOK 1164 AT
PAGE 755, THIRTEENTH SUPPLEMENTAL DECLARATION RECORDED JULY 17, 2000 IN BOOK 1197 AT
PAGE 740, FOURTEENTH SUPPLEMENTAL DECLARATION RECORDED MAY 08, 2003 IN BOOK 1467 AT
PAGE 910, AND FIFTEENTH SUPPLEMENTAL DECLARATION RECORDED DECEMBER 21, 2004 IN BOOK
1649 AT PAGE 891.
14.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF WARRANTY DEED AND GRANT OF
EASEMENT RECORDED DECEMBER 31, 1996 IN BOOK 1005 AT PAGE 228.
15.TERMS, CONDITIONS AND PROVISIONS OF TRANSFER OF DECLARANTS RIGHTS RECORDED MAY 19,
2003 IN BOOK 1471 AT PAGE 135.
16.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT
OF APSEN GLEN FILING NO. 1 RECORDED APRIL 06, 1995, UNDER RECEPTION NO. 476330.
17.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT
OF ASPEN GLEN FILING NO. 4 RECORDED MAY 08, 2003, UNDER RECEPTION NO. 626949.
18.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE
CORRECTION PLAT OF ASPEN GLEN RECORDED MARCH 13, 2007, UNDER RECEPTION NO. 718915.
19.RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT
OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX,
SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL
ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL
LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY
APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED MARCH 23, 2007, IN BOOK 1905 AT
PAGE 523 AND FIRST AMENDMENT THERETO RECORDED NOVEMBER 5, 2020 AS RECEPTION NO.
944700, AND SECOND AMENDMENT THERETO RECORDED SEPTEMBER 8, 2021 UNDER RECEPTION
NO. 962780.
20.TERMS, CONDITIONS AND PROVISIONS OF BYLAWS RECORDED MARCH 23, 2007 UNDER RECEPTION
NO. 719513.
21.TERMS, CONDITIONS, STIPULATIONS, OBLIGATIONS AND PROVISIONS OF EASEMENT DEED AND
RESTRICTIVE COVENANT AGREEMENT, RECORDED MARCH 07, 2023, UNDER RECEPTION NO. 983979.
ALTA COMMITMENT
Old Republic National Title Insurance Company
Schedule B, Part II
(Exceptions)
Order Number: GW63021928
This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface
estate, in Schedule B-2.
Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or
information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may
include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance
company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for
the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award
payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of
Regulatory Agencies.
Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing
protection letter for the lender, purchaser, lessee or seller in connection with this transaction.
Note: Pursuant to CRS 24-21-514.5, Colorado notaries may remotely notarize real estate deeds and other documents
using real-time audio-video communication technology. You may choose not to use remote notarization for any
document.
That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the
surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other
minerals, or geothermal energy in the property; and
(A)
That such mineral estate may include the right to enter and use the property without the surface owner's
permission.
(B)
Joint Notice of Privacy Policy of
Land Title Guarantee Company
Land Title Insurance Corporation and
Old Republic National Title Insurancy Company
This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance
Corporation and Old Republic National Title Insurance Company.
We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state
privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence
is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized
access to your non-public personal information ("Personal Information").
In the course of our business, we may collect Personal Information about you from:
applications or other forms we receive from you, including communications sent through TMX, our web-based
transaction management system;
your transactions with, or from the services being performed by us, our affiliates, or others;
a consumer reporting agency, if such information is provided to us in connection with your transaction;
and
The public records maintained by governmental entities that we obtain either directly from those entities, or from
our affiliates and non-affiliates.
Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows:
We restrict access to all Personal Information about you to those employees who need to know that information in
order to provide products and services to you.
We may share your Personal Information with affiliated contractors or service providers who provide services in the
course of our business, but only to the extent necessary for these providers to perform their services and to
provide these services to you as may be required by your transaction.
We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your
Personal Information from unauthorized access or intrusion.
Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action.
We regularly assess security standards and procedures to protect against unauthorized access to Personal
Information.
WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT
IS NOT STATED ABOVE OR PERMITTED BY LAW.
Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We
may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for
example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your
Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is
needed to enforce our rights arising out of any agreement, transaction or relationship with you.
Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy
policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration
Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof.
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the
Company’s agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma
policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at
http://www.alta.org/arbitration.
IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown
in Schedule A to be valid when countersigned by a validating officer or other authorized signatory.
Issued by:
Land Title Guarantee Company
3033 East First Avenue Suite 600
Denver, Colorado 80206
303-321-1880
Craig B. Rants, Senior Vice President
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not
valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II
—Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are
prohibited. Reprinted under license from the American Land Title Association.
The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the
terms and provisions of this Commitment or the Policy.
(d)
Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e)
When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f)
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Community Development Department
108 8th Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.garfieldcountyco.gov
PRE-APPLICATION
CONFERENCE SUMMARY
TAX PARCEL NUMBER: 239319212008,
239319212010
DATE: October 17, 2025
PROJECT: Aspen Glen Amended Final Plat
OWNERS: Craig Bushong and Mary Lyn Bondlow
PRACTICAL LOCATION: 1108 Bald Eagle Way and 47 Sundance Trail, Carbondale, CO
TYPE OF APPLICATION: Administrative Review
ZONING: Aspen Glen PUD, ½ Acre Residential Zone
COMPREHENSIVE PLAN: Carbondale’s 3-Mile Areas of Influence, Residential Medium High
I. GENERAL PROJECT DESCRIPTION
The applicant owns parcels 239319212008 and 239319212010. Applicant proposes to merge both lots into one
and an existing house resides on parcel 239319212008. The vacant lot will be landscaped per agreement with a
neighbor as recorded as Reception No. 983979.
The parcels are accessed by Bald Eagle Way and Sundance Trail in Aspen Glen PUD. Applicants parcel is located
in the ½ Acre Residential Zone District. The lot line will be vacated but the utilities and easements both lots will
remain in place. The merged lots will not disturb any utility lines. The plat must be approved by the Aspen Glen
Design Review Committee. Applicants are currently in the process with Aspen Glen DRC. County Attorney’s Office
will also be consulted on HOA issues.
The process of an Amended Final Plat is outlined in the flow chart below. The application will need 3 physical
copies and 1 digital copy for submittal including at least 1 full size copy of the proposed plat. The process
includes completeness review to make sure all required submittals are included. Once an application is deemed
complete, referrals are sent out. Staff will send you a technical completeness letter and public notice
instructions. Both the letter and public notice will include the Director’s Decision date. Staff produces a staff
report reflecting comments from different referral agencies. A Director’s Decision letter will be produced, and a
staff report packet sent to the applicant. The BOCC will be also notified when the decision is made, and there is
a 10-day call-up period when an applicant can appeal the decision to the board.
Applicants must complete all documents for the application to proceed. A full list of submittal requirements for
both lots are listed below, including a flow chart of the review process. Reach out to staff for any questions. A
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copy of the Land Use and Development Code (LUDC) can be found here: https://www.garfield-
county.com/community-development/land-use-code/
II. COMPREHENSIVE PLAN
The comprehensive plan identifies the area as Residential Medium High and it is within Carbondale’s 3 mile area
of influence.
III. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS
The following Sections of the Garfield Land Use and Development Code as amended apply to the Application:
• Garfield County Comprehensive Plan 2030 as amended.
• Garfield County Land Use and Development Code as amended.
o Section 5-305 Amended Final Plat Review and Review Criteria
o Table 5-103 Common Review Procedures and Required Notice
o Table 5-401 Submittal Requirements
o Section 5-402 Description of Submittal Requirements including Final Plat
o Section 4-103 Administrative Review and Section 4-101 Common Review Procedures
o Provisions of Article 7, Articles 1, 2, 3 and 4, including site planning and subdivision standards.
IV. SUBMITTAL REQUIREMENTS
As a convenience outlined below is a list of information typically required for this type of application. Table 5-401
outlines the specific application submittal criteria. The following list can function as a checklist for your submittal.
Submit three paper copies and one digital of all application materials. Additional copies will be requested upon
determination of completeness. See the land use code for additional information on submittal requirements.
General Application Materials
o Signed Application Form
o Title Commitment
o Signed Payment Agreement Form (see attached) and application fees.
o Proof of ownership (copy of deed, title work) and information on any lien holders.
o A narrative describing the request and related information.
o Names and mailing addresses of properties within 200 feet of the subject property.
o Mineral rights ownership for the subject property (demonstrated through a search of Clerk and
Recorders database and/or Assessor database, memo attached).
o If the owner is an entity or trust, a recorded Statement of Authority, authorizing a person to
encumber the property.
o If the applicant is a representative of the owner, a letter of authorization to represent is needed.
o A copy of the Pre-application Summary needs to be submitted with the Application.
Vicinity Map including areas within approximately 3 miles.
The Proposed Amended Final Plat according to 5-402.F, including easements.
All required certificates (signature blocks) shall be included on the plat.
Copies of any original plats.
If there are improvements on the property, improvement location information/survey information shall be
provided to confirm that no non-conforming conditions will result from the amended plat.
An Improvements Agreement waiver request should be included.
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The Application should include a statement that the amendment will not result in any changes to
drainage, access, utility services, and any other applicable Subdivision and Article 7 topics.
Amended Final Plat should comply with access and utilities service on both parcels.
Specific Responses to Section 5-305 Review Criteria.
Update on approval on HOA review.
Community Development Staff is available to meet with the Applicant to provide additional information and
clarification on any of the submittal requirements and waiver requests.
V. REVIEW PROCESS
The Application may be “Called-Up” for review by the Director and the Board of County Commissioners. In
addition, the Applicant and any affected Adjacent Property Owner can request a Call-Up for review by the Board
in accordance with the procedures and review process contained in Section 4-112.
Staff will review the application for completeness prior to requesting referral agencies to provide additional
technical review. Staff will prepare a report based on received comments and their review of the application.
Public Hearing(s): X No Public Hearing, Directors Decision (with notice per code)
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Planning Commission
Board of County Commissioners
Board of Adjustment
Referral Agencies may include but are not limited to: Garfield County Surveyor, Garfield County Attorney’s Office,
Garfield County Assessor’s Office, County Consulting Engineer, BLM, Town of Carbondale, Aspen Glen HOA
VI. APPLICATION REVIEW FEES
Planning Review Fees: $100 or 300 if submitted after Jan 1, 2026
Referral Agency Fees: $ N/A
Total Deposit: $100 or 300 (additional hours are billed at hourly rate of $40.50 or $80)
VII. GENERAL APPLICATION PROCESSING
The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on
current zoning, which is subject to change in the future, and upon factual representations that may or may not be
accurate. This summary does not create a legal or vested right. The summary is valid for a six-month period, after
which an update should be requested. The Applicant is advised that the Application submittal once accepted by
the County becomes public information and will be available (including electronically) for review by the public.
Proprietary information can be redacted from documents prior to submittal.
Pre-application Summary Prepared by:
October 17, 2025
Heather MacDonald, Planner I Date