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Home My WebLink Aboutcoa.lu.ex.531 535 e cooper 0022.2013,Fig •J��u..� �� ate^--�"'Q' 1 E 0 0 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0022.2013.ASLU PARCEL ID NUMBERS 277 37 / F ? a? / / PROJECTS ADDRESS 531/535 E COOPER PLANNER SARA ADAMS CASE DESCRIPTION SUBDIVISION EXEMPTION AND CONDOMINIUMIZATION REPRESENTATIVE KURSTEN CANADA (970)9491566 DATE OF FINAL ACTION 04/11/2013 CLOSED BY DJAMA MARTIN ON: 02/10/2014 0 e022. 21,)O RBI ill De Edt Record Navgate Form Reports Format Tab Help �.. '.` ► ►✓ 2 j n Jump 1 _ ii _ Cl Man Cudam F. = Royltig Star Fee Swwnaiy ;. Ac— t ; Rarry flatoty v ' Perait type asw Aspen Lard Use Pa * p 0022 2013 ASLU ! Address -. 531 E COOPER Apt/$rik� j g City ASPEN ----- Statel.CO 7p�B161�—� " ' Permit information n ' Masts permit : ( RoubV W. ariC l Appfed 04/09/2013 - Z o Rgea .. Status '.Pen&9 Approved; _ _o Description /`_ _ _ �1 _ Issued - c�%o b� vi S (WTI J*Q1�,Qt ''..Closed/Final Submitted Ciock'R.ng3 D t 0` Ew es. xpres04/04/2014 F- Submitted na ....._ Owner- Lastname TEIN BUILDING ENTITIES Frstname"i i1531/535COOPER _._..-----._.._..-----........_ ASPEN C081611 Phone '(9701949-4566 i Address ..---------............... ............ _........... __...: Applicant ❑ Owns is applicant? ❑ Contractor is applicant? Last none 'NJ STEIN, LLC Fitt rmne PO 80X 5450 _ ....__ ';AVON CA 81620 Phone 1970J949-1566 Cus1828943 Addrett Lends Last name Fist name ,! --—..._._.._ _ ......_ Phone l) __...._...._' ....... _. Address''. trek --tt ins 2 • SHEET INDEX SHEET L EXISTING CONDITTONS SHEET 2 LEVEL ONE FLOOR PLAN SHEEP S LEVEL TWO FLOOR PLAN slim 4 BUILDING SECTION PLANS ❑ E -otcR .a l_ cl.oac wNO REcollarxsCpffMKATE • FIRST AMENDED CONDOMINIUM MAP OF BOWMAN BUIL_D_ING CONDOMINIUMS CITY AND TOWNSITE OF ASPEN SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M. COUNTY OF PITKIN, STATE OF COLORADO PURPOSE OF TIIG FIRST AMENDED CONDOMINIUM MAP IS IDENTIFY THE VERTICAL LIMITS OF EACH �1N!�. PROPERTY ODCRIPiION TTTIE COMPANY CEATIFN'alE GRAPHIC SCALF. - `1 w 1 C � ~ ... anm.�m.rm .v« 'R a urn w.ar• w • I � .IORwaR CERiV1CAIR r I _► �' N4Y i of �� . non 44ao m�".a�.a�ra1c ' osrtd L jj A Rt CFRTVICATE� 41r�+ �,��`' s'malm T< r r ORCart Ma s �IT,�I) J«P s �[s w.a � • • S wsPEN MouNrwRl VICINITY MAP ceRrlFlu�carowr¢RswP ARD DEDICATION �� AIM I AIL I ILL �o � a��.:v w�•i m+m. Pam... rswnm� .® 0 •m.m K � M, aTsr- as ml.mal¢ •,..:W� as �i :,.,, s,.. P mP«oo r .• m .. Cam. 4s+ ID'7 hi CmLh _ U Z 0 z E;s W -. f WE. 9. puo W ��CC tl Y !„S e�Z i ZO g sg0u e� IOW u �UL 9 i o1° �90 u o r Eon PrsDlccrw mslsW.m I CP4 • UNIT Rdi LOFT DETAI orws.wwa UNIT c-4 LOFT AlDET I t� la � IAMDSC�RNG (G.C.E TO COMMERO. LEGEND S UNIT$) C - COMMERICALUNTT, R - RESIDENTIAL UNR j RN CENER�L COMMON ELEMENT %C.E.) GEMERCOMMON ELEMENT UNITED COMMON ELEMENT UNITS C-1. IMliOD PICt FENCE C-2. t C-J • FIRST AMENDED CONDOMINIUM MAP OF BOWMAN BUILDING CONDOMINIUMS CITY AND TOWNSITE OF ASPEN SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M. COUNTY OF PITKIN, STATE OF COLORADO HUNTER STREET LEVEL ONE FLOOR PLAN i7 o 2 ug R�U a$ 3g o ja CQ jiZ¢ OT E�u PINECT MO l{I.IA-OO 1CF4 • r Lr 1-TO UNfi9 R 1 r .- R-A 4 LEGEND C - COMMERICAL UNTf R - RESIDENTIAL UNIT jSNARED GENERAL COMM EIELENT LYIED COMMON ELEVENT W7S R-1• R-2. R-s, t R-♦ (G.C.E.) GENERK COMMON ELEMENT (LC-E.) LUTEDD COMMELEMENT FIRST AMENDED CONDOMINIUM MAP OF BOWMAN BUILDING CONDOMINIUMS CrrY AND TOWNSITE OF ASPEN SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M. COUNTY OF PITKIN, STATE OF COLLBO�RADO F —1 -) -X TO � PpYTHWrEA 1 R HUNTER STREET LEVEL TWO FLOOR PLAN �, `dl U Z SOF4 2 FIRST AMENDED CONDOMINIUM MAP OF B0WMAN BUILDING CITY AND TOWNSITE OF ASPEN n SECTION 7, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH P.M. COUNTY OF PITKIN, STATE OF COLORADO a�Q a ENYf R-4 •aa�a,a Mw. ,a,d,a� awn BUILDING SECTION'A' wea,a T _ to Carlu,,,w6'EMlwo — BUILDING SECTION'B' ��000'Y1 COO�O1 wvoRle wveNue t U 2 0 iT'arw�µ• � e W t BUILDING SECTION'C' z o e FT_ U R R a�slMa� }ulValTN _ _. Nt IIf 11� iJ AL1EYFT d _.-_ •�yu — --_ - — — z 0 - U 4 ._ - —, I t O UNIT R-1 � O [g� Z O cam... _ Fa 2� S8o u U uNrrce W2Z mNn 9 WU0 G9° G.0 .no,ECT „o BUILDING SECTION'D' .� 40F4 i RECEIVED PROJECT: Name: Location: E C: ATTACHMENT 2 -LAND USE APPLICATION a� K rvVP-d r�u ( t-b 1 N i , ,AVVt&W e�N OVA Parcel ID # (RE APPLICANT: APR 9 2013 CITY OF ASPEN COMMUNITY DEVELONAENT IA4IAll u $4(7AV-DA) S31 153 S IC-, • UD ►° (V-K 1t'S f4�W , CZ (Indicate sheet address, lot & block number, legal description where appropriate) Name: El � r; u t L Address: L,Gf►�, lee Phone#: qua - 9cfq, t(� 'lam ly�o REPRESEr CATIVE Name: A� / -&7 Address: �. �^, !S�4i n Phone #: ! - I t{ q - TYPE OF APPLICATION: (please check all that apply): ❑ GMQS Exemption ❑ Conceptual PUD ❑ Temporary Use ❑ GMQS Allotment ❑ Final PUD (& PUD Amendment) ❑ Text/Map Amendment ❑ Special Review ❑ Subdivision ❑ Conceptual SPA ❑ ESA — 8040 Greenline, Stream Q Subdivision Exemption (includes ❑ Final SPA (& SPA Margin, Hallam Lake Bluff, / ` condominiumization) Amendment) Mountain View Plane ❑ Commercial Design Review ❑ Lot Split ❑ Small Lodge Conversion/ Expansion ❑ Residential Design Variance ❑ Lot Line Adjustment ❑ Other: ❑ Conditional Use EXISTLnG CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) ?ROPOSAL: (description of proposed buildings, uses, modifications, etc.) lave you attached the following? FEES DUE: $_ i U/ 'Pre -Application Conference Summary [Attachment #1, Signed Fee Agreement 9 Response to Attachment #3, Dimensional Requirements Form 2�esponse to Attactunent #4, Submittal Requirements- Including Written Responses to Review Standards [13-D Model for large project All plans that are larger than 8.5" X 11" must be folded. A disk with an electric copy of all written text (Microsoft Word Format) must be submitted as part of the application. Large scale projects should include an electronic 3-D model. Your pre -application conference summary will indicate if you must submit a 3-D model. B E 0 RECEIVED APR 9 2013 CITY OF ASPEN PRE -APPLICATION CONFERENCE SUMMARY CITY OF ASPEN COMMUNITY DEVELOPMENT PLANNER: Jim Pomeroy 970-429-2745 DATE: 2/26/13 PROJECT: 531 E. Cooper Ave, Bowman Building Condominiums, Amended Condo Plat APPLICANT: NJ Stein LLC REPRESENTATIVE: Kursten Canada, Esq. TYPE OF APPLICATION: Condominiumization DESCRIPTION: The Applicant proposes to amend the condo plat for the Bowman Building Condominiums at 531 E. Cooper Ave. The original condo plat for Bowman Building Condominiums was recorded in 2013 with the Pitkin County Clerk and Recorder's office under Book 101, Page 69. The applicant will need to meet all of the requirements of Section 26.480.090 (B), Condominiumization, to complete the project. Below is a link the Land Use Code for your convenience: http://www.aspenpitkin.com/Departments/Community-Development/Planning-and- Zoning/Title-26-Land-Use-Code/ Below is a link to the Land Use application Form for your convenience: http://www.aspenpitkin.com/Portals/0/docs/City/Comdev/Apps%2Oand%2OFees/2011 %20land%20use %20app%20form.pdf Land Use Code Section(s) 26.304 Common Development Review Procedures 26.480.090 Condominiumization Review by: - Planning and Engineering Staff for compliance - Community Development Director for approval Public Hearing: No hearing required Planning Fees: $650.00 Deposit for 2 hours of staff time. Review time for City Attorney and other referral departments also applies and is billed at same hourly rate. Additional Planning staff time required is billed at $325/hour Referral Fees: $265/hour for Engineering Review Total Deposit: $915.00 (Additional fees will be required for filing. Those fees will be identified and due just prior to filing of the plat.) Total Number of Application Copies: Two (2) To apply, submit the following information: 1. Total Deposit for review of application. 0 0 2. Applicant's name, address and telephone number, contained within a letter signed by the applicant stating the name, address, and telephone number of the representative authorized to act on behalf of the applicant. 3. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner's right to apply for the Development Application. 4. Completed Land Use Application. 5. Signed fee agreement. 6. Pre -application Conference Summary. 7. An 8 1/2" x 11" vicinity map locating the subject parcel within the City of Aspen. 8. Proof of ownership. 9. Proposed condominium plat. 10. A written description of the proposal and a written explanation of how a proposed development complies with the review standards relevant to the development application. 11. All necessary items found in Land Use Codes Section 26.480.090, Condom iniumization. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. 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. The summary does not create a legal or vested right. RECEIVED Agreement to Pay Application Fees Anagreement between the City of Aspen("City') and J /V 6 W L u J „I kJ-n Property u �6� Phone No.: �Q - 11( f � (//Owner "I° : L� Email: K eA,* g da Ab M/t1 G &14t Address of 5 3 535 • C-dy &7?- N�'• Billing C a C� Property: &6? � Address: • a boy 5� (subject of r {send bills here) �` application) lJ IV J e'o ? / ( d-U I understand that the City has adopted, via Ordinance No. , Series of 2011, review fees for Land Use applications and the payment of these fees is a condition precedent to determining application completeness. I understand that as the property owner that I am responsible for paying all fees for this development application. For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees areWnon-refundable, AIPVA-r b� $ ^ flat fee for l nl t u mil'zo �_U " flat fee for flat fee for flat fee for For deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not possible at this time to know the full extent or total costs involved in processing the application. I understand that additional costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete processing, review, and presentation of sufficient information to enable legally required findings to be made for project consideration, unless invoices are paid in full. The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of an invoice by the City for such services. I have read, understood, and agree to the Land Use Review Fee Policy including consequences for non-payment. I agree to pay the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not render an application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly rates hereinafter stated. G� $ l' deposit for hours of Community Development Department staff time. Additional time above the deposit amount will be billed at $315 per hour. deposit for ' hours of Engineering Department staff time. Additional time above the deposit amount will be billed at $265 per hour City of Aspen: Chris Bendon Community Development Director City Use: Fees Due: $ Received: $ Property Owner: 57&-71V A K wO N 4 Name:�l G`� (�►'"�`% ttt!!! Title: C'1/a � ASPEN OFFICE 601 East Hyman Avenue Aspen, Colorado 81611 Telephone: (970) 925-1936 Facsimile: (970) 925-3008 GLENWOOD SPRINGS OFFICE 0 GARFIELD & HECHT, P.C. ATTORNEYS AT LAW Since 1975 The Denver Centre 420 Seventh Street, Suite 100 www.garfieldhecht.com Glenwood Springs, Colorado 81601 Telephone: (970) 947-1936 Facsimile: (970) 947-1937 March 15, 2013 VIA HAND DELIVERY City of Aspen Community Development Department Attn: Jim Pomeroy 130 South Galena Street Aspen, CO 81611 RECEIVED APR 9 2013 CITY OF ASPEN �"`'14,VL16 PMENT 007o un Post Office Box 5450 \ Avon, Colorado 81620 V Telephone: (970) 949-0707 Facsimile: (970) 949-1810 BASALT OFFICE River View Plaza 100 Elk Run Drive, Suite 220 Basalt, Colorado 81621 Telephone: (970) 927-1936 Facsimile: (970) 927-1939 RE: 531 and 535 E. Cooper Street, Aspen, CO/Amended Condominiumization Application Dear Mr. Pomeroy: Enclosed herewith please find the executed Application and Application Fee in the amount of $915. Concurrently herewith I am depositing with you all items required by Section 26.480.090 of the City Code, including two (2) executed sets of the final draft (i) Amended Condominium Map for both the residential and commercial units; and (ii) Amendment to the Declaration for Bowman Condominiums. I also include herewith the title commitment which designates ownership and encumbrance information and the agent designation authorization letter from the Owner/Applicant. The attached Amendment to Condominium Map and Declaration reflect revisions requested and made to the physical dimensions of the condominium units. The revisions were made at the request of lender's counsel in connection with Owner's encumbrance of the building in exchange for a new loan. Please direct any and all comments back to me in care of Garfield & Hecht, P.C. as the designated agent and representative for the Owner. I look forward to working with you. Very truly yours, GARFIELD & HECHT, P.C. By: K ten Canada, Esq. cc: Stein Building Entities (via e-mail transmittal) 950506vl • Project: Applicant: Location: Zone District: Lot Size: Lot Area: ATTACHMENT DIMENSIONAL REQUIREMENTS FORM (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: Proposed: Number of residential units: Existing: Proposed: Number of bedrooms: Existing: Proposed: Proposed % of demolition (Historic properties only): DIMENSIONS: . Floor Area: Existing: Allowable: Proposed: Principal bldg. height: Existing: Allowable: Proposed: Access. bldg. height: Existing: Allowable: Proposed• On -Site parking: Existing: Required: Proposed: % Site coverage: Existing: Required: Proposed: % Open Space: Existing. Required: Proposed: Front Setback: Existing: Required: Proposed: Rear Setback: Existing: Required: Proposed: Combined F/R: Existing.- Required• Proposed: Side Setback: Existing: Required: Proposed: Side Setback: Existing. Required: Proposed: Combined Sides: Existing. Required: Proposed: Distance Between Existing Required: Proposed. Buildings Existing non -conformities or encroachments: At hc- Variations requested: lit NJ STEM LLC 601 E. HYMAN AV E;wE ASPEN, CO 81611 August 19, 2010 VIA F MALL TRANSMITTAL City of Aspen Community Development Department Attn: Sara Adams 130 South Galena Street Aspen, CO 81611 RE: 531 and 535 E. Cooper Street, Aspen, CO ("Property")/Condominiumization Application (Supplement) Dear Sara: NJ Stein, LLC, a Colorado limited liability company, owns more than a 5 1 % record interest in the above -referenced Property. In response to your request for evidence of legal representation by Garfield & Hecht, P.C. in order to complete the Property Application for Condominiumization, please find this correspondence sufficient evidence of authorization for Garfield & Hecht, P.C. to act as legal counsel and designee on our behalf in this matter. Very truly yours, NJ Stein LLC, a Colorado limited liability company �3 By:--,��, Nil-os Hecht, Manager cc: Stein Building Entities (via e-mail transmittal) 58309BY1 Land Title Guarantee Company CUSTOMER DISTRIBUTION Land Title CiIAAAMEE WMMNY *Date.O1-30-2013 Our Order number. ABC62004997-9 Property Address: 531 E COOPER AVE ASPEN, CO 81611 Ifyou have any inquiries or require further assistance, please contact one of the numbers below: For Closing Assistance: For Title Assistance. Leslie Boyer Commercial Title "ABC" Unit 533 E HOPKINS 4102 Scott Beanetts ASPEN, CO 81611 5975 GREENWOOD PLAZA BLVD Phone: 970-925-1678 GREENWOOD VILLAGE, CO 80111 Fax: 800-318-8202 Phone:303-850-4175 EMail: lboyer@ltgc.com Fax: 303-8504184 Entail: sbennetts@ltge.com ANB BANK 325 E MAIN ST ASPEN, CO 81611 Attn: JOHN WARD Phone: 970-544-0393 Fax: 970-544-9549 Entail: john.ward@anbbank.com Sent Via Entail WAAS CAMPBELL RIVERA JOHNSON& VELASQUEZ LLP'TMX' 420 E MAIN ST #210 ASPEN, CO 91611 Attn: J BART JOHNSON Phone: 970-5444602 Fax: 866-492-0361 Copies: 1 Entail: johnson@wcrlegal.com Linked Commitment Delivery GARFIELD & HECHT'TMX' 127 VINE ST DENVER, CO 80206 Attn: NATASHA SAYPOL Phone: 720-273-4666 Fax: 303-248-3349 Copies: 1 EMad: asaypol@garfieldhecht.com Linked Commitment Delivery 01.28.13 LAND TITLE GUARANTEE COMPANY 533 E HOPKINS #102 ASPEN, CO 81611 Attu: Leslie Boyer Phone: 970-925.1678 Fax: 800-318-8202 EMail: lboyer@ltgc.com GARFIELD & HECHT, P.C. 'TMX' PO BOX 5450 AVON, CO 81620 Attu: KURSTEN CANADA Phone: 970-949-1566 Fax: 970-949-1810 Copies: I EMail: kcanada@garfieldhecht.com Linked Commitment Delivery 0 0 Land Title Guarantee Company Date: 01-30-2013 Our Order Number: ABC62004997-9 GIIMANTFC COYPA.`lY Property Address: 531 E COOPER AVE ASPEN, CO 81611 Owner: RG AND NH STEIN BUILDING LLC, A COLORADO LIMITED LIABILITY COMPANY, FORMERLY KNOWN AS RG COOPER STREET LLC, A COLORADO LIMITED LIABILITY COMPANY. AS TO AN UNDIVIDED 4.83% INTEREST, AND STEIN BUILDING, LLC, A COLORADO LIMITED LIABILITY COMPANY, AS TO AN UNDIVIDED 23.11% INTEREST, AND Wire Information: Bank: ALPINE BANK 600 E HOPKI.VS ASPEN, CO 81611 Phone: Credit. ABA No.: 102103407 Account: 2020010529 Attention: Leslie Boyer ##i#iikxkkxi##i#i###i##4kiiiiiiiki#i###i#+k#k#kki#####iii#iiii#### Note: Once an original commitment has been issued, any subsequent modifications will be emphasized by underlining. Need a map or directions foryottr upcoming closing? Check out Land Title's web site at www.itgc.com ESTIMATE OF TITLE FEES ALTA Loan Policy 06-17-06 (Commercial Industrial Rate) $4, 963. 00 Deletion of Exceptions 1-3 (Lender) $60. 00 Deletion of General Exception 4 (Lender) $25. 00 Endorsement ALTA 9 - 06 (Lender) $993.00 Endorsement ALTA 4.1 - 06 (Lender) $993.00 Tax Report $50. 00 TOTAL $7,084.00 1 - mvr.— cei—" THANK YOU FOR YOUR ORDER! First American Title Insurance Company ALTA COMMITMENT Our Order No. ABC62004997-9 Schedule A Cost. Ref.: Property Address: 531 E COOPER AVE ASPEN, CO 81611 1. Effective Date: January 23, 2013 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Loan Policy 06-17-06 $5,600,000.00 Proposed Insured: ANB BANK, ITS SUCCESSORS AND/OR ASSIGNS 3. The estate or interest in the Land described or referred to in this Commitment and covered herein is: A Fee Simple I 4. Title to the estate or interest covered herein is at the effective date hereof vested in: I I SEE ATTACHED 5. The Land referred to in this Commitment is described as follows: RESIDENTIAL CONDOMINIUM UNITS 1 THROUGH 5, RESIDENTIAL PENTHOUSE UNIT, AND COMMERCIAL CONDOMINIUM UNITS 1 THROUGH 6, BOWMAN CONDOMINIUMS, ALSO DESCRIBED AS BOWMAN BUILDING CONDOMINIUMS, AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR BOWMAN CONDOMINIUMS, RECORDED JANUARY 14, 2013 UNDER RECEPTION NO. 596111, AND THE CONDOMINIUM MAP FOR BOWMAN BUILDING CONDOMINIUMS, RECORDED JANUARY 14, 2013 UNDER RECEPTION NO. 596112, COUNTY OF PrIMN, STATE OF COLORADO. Our Order No. ABC62004997-9 4. Title to the estate or interest covered herein is at the effective date hereof vested in: RG AND NH STEIN BUILDING LLC, A COLORADO LIMITED LIABILITY COMPANY, FORMERLY KNOWN AS RG COOPER STREET LLC, A COLORADO LIMITED LIABILITY COMPANY, AS TO AN UNDIVIDED 4.83% INTEREST, AND STEIN BUILDING, LLC, A COLORADO LIMITED LIABILITY COMPANY, AS TO AN UNDIVIDED 23.11% INTEREST, AND NJ STEIN LLC, A COLORADO LIMITED LIABILITY COMPANY, AS TO AN UNDIVIDED 52.98% INTEREST, AND AV STEIN LLC, A COLORADO LIMITED LIABILITY COMPANY, AS TO AN UNDIVIDED 19.08% INTEREST 0 • ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. ABC62004997-9 following are the requirements to be complied %tiith: Item (a) Payment to or for the account of the grantors or mortgagors of the fall consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below RELEASE OF DEED OF TRUST DATED FEBRUARY 19, 2008 FROM PERRYTON HOLDINGS, LLC, A COLORADO LIMITED LIABILITY COMPANY, OPAL HOLDINGS, LLC, A COLORADO LIMITED LIABILITY COMPANY, RG COOPER STREET LLC, A COLORADO LIMITED LIABILITY COMPANY AND STEIN BUILDING, LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF U.S. BANK NATIONAL ASSOCIATION TO SECURE THE SUM OF $5,000,000.00 RECORDED FEBRUARY 22, 2008, UNDER RECEPTION NO. 546687. ASSIGNMENT AND ASSUMPTION AGREEMENT IN CONNECTION WITH SAID DEED OF TRUST WAS RECORDED NOVEMBER 24, 2008 UNDER RECEPTION NO. 554520. FIRST MODIFICATION OF DEED OF TRUST RECORDED JANUARY 29, 2010 UNDER RECEPTION NO. 566630. PROVIDE EVIDENCE SATISFACTORY TO LAND TITLE GUARANTEE COMPANY THAT NIKOS HECHT, AS MEMBER OF RG AND NH STEIN BUILDING LLC, A COLORADO LIMITED LIABILITY COMPANY, HAS AUTHORIZED THE PROPOSED LOAN, PURSUANT TO SECTION 7.1 OF SAID ENTITY'S OPERATING AGREEMENT. DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF RG AND NH STEIN BUILDING LLC, A COLORADO LIMITED LIABILITY COMPANY AS A LIMITED LIABILITY COMPANY. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS. NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND • 0 ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. ABC62004997-9 Continued: RECORDER. (ITEM INTENTIONALLY DELETED) DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF STEIN BUILDING, LLC, A COLORADO LIMITED LIABILITY COMPANY AS A LIMITED LIABILITY COMPANY. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172, CRS. NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. (ITEM INTENTIONALLY DELETED) DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF NJ STEIN LLC, A COLORADO LIMITED LIABILITY COMPANY AS A LIMITED LIABILITY COMPANY. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION 38-30-172. CRS. NOTE: THE STATEMENT OF AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. (ITEM INTENTIONALLY DELETED) DULY EXECUTED AND ACKNOWLEDGED STATEMENT OF AUTHORITY SETTING FORTH THE NAME OF AV STEIN LLC, A COLORADO LIMITED LIABILITY COMPANY AS A LIMITED LIABILITY COMPANY. THE STATEMENT OF AUTHORITY MUST STATE UNDER WHICH LAWS THE ENTITY WAS CREATED, THE MAILING ADDRESS OF THE ENTITY, AND THE NAME AND POSITION OF THE PERSON(S) AUTHORIZED TO EXECUTE INSTRUMENTS CONVEYING, ENCUMBERING, OR OTHERWISE AFFECTING TITLE TO REAL PROPERTY ON BEHALF OF THE ENTITY AND OTHERWISE COMPLYING WITH THE PROVISIONS OF SECTION • 0 ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. ABC62004997-9 Continued: 38-30-172, CRS. NOTE: THE STATEMENT OF .AUTHORITY MUST BE RECORDED WITH THE CLERK AND RECORDER. DEED OF TRUST FROM RG AND NH STEIN BUILDING LLC, A COLORADO LIMITED LIABILITY COMPANY FORMERLY KNOWN AS RG COOPER STREET LLC, A COLORADO LIMITED LIABILITY COMPANY AND STEIN BUILDING, LLC, A COLORADO LIMITED LIABILITY COMPANY AND NJ STEIN LLC, A COLORADO LIMITED LIABILITY COMPANY AND AV STEIN LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF ANB BANK TO SECURE THE SUM OF $5,600,000.00. NOTE: OPERATING AGREEMENT FOR RG AND NH STEIN BUILDING LLC, A COLORADO LIMITED LIABILITY COMPANY DISCLOSES RONALD GARFIELD AS MANAGER. NOTE: OPERATING AGREEMENT FOR STEIN BUILDING, LLC, A COLORADO LIMITED LIABILITY COMPANY DISCLOSES RONALD GARFIELD AND ANDREW V. HECHT AS MANAGERS, EITHER OF WHOM MAY EXECUTE DOCUMENTS ON BEHALF OF SAID ENTITY. NOTE: OPERATING AGREEMENT FOR NJ STEIN LLC, A COLORADO LIMITED LIABILITY COMPANY DISCLOSES NIKOS J. HECHT AS MANAGER. NOTE: OPERATING AGREEMENT FOR AV STEIN LLC, A COLORADO LIMITED LIABILITY COMPANY DISCLOSES ANDREW V. HECHT AS MANAGER. 1 RATIFICATION AND CONFIRMATION OF THE CONDOMINIUM DECLARATION FOR BOWMAN CONDOMINIUMS RECORDED JANUARY 14, 2013 UNDER RECEPTION NO. 596111 AND THE CONDOMINIUM MAP OF BOWMAN BUILDING CONDOMINIUMS RECORDED JANUARY 14, 2013 UNDER RECEPTION NO. 596112 BY RG AND NH STEIN BUILDING LLC, A COLORADO LIMITED LIABILITY COMPANY. NOTE: SAID CONDOMINIUM DECLARATION AND CONDOMINIUM MAP WERE ERRONEOUSLY EXECUTED BY RG COOPER STREET LLC, A COLORADO LIMITED LIABILITY COMPANY. PROVIDE LAND TITLE GUARANTEE COMPANY WITH A CERTIFIED RENT ROLL FOR SUBJECT PROPERTY. i ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. ABC62004997-9 Continued: NOTE: ITEMS 1-3 OF THE GENERAL EXCEPTIONS ARE HEREBY DELETED. NOTE: i1PON TIM APPROV A..i OF TIM C^OM Aiv i AND THE IcEC IV 1 OF A NOTARIZED FINAL LIEN AFFIDAVIT, ITEM NO. 4 OF THE GENERAL EXCEPTIONS WILL BE DELETED. NOTE: 11EM 5 OF THE GENERAL EXCEPTIONS WILL BE DELETED IF LAND TITLE GUARANTEE COMPANY CONDUCTS THE CLOSING OF THE CONTEMPLATED TRANSACTIONS) AND RECORDS THE DOCUMENTS IN CONNECTION THEREWITH. NOTE: UPON PROOF OF PAYMENT OF 2012 TAXES, rrEM 6 WILL BE AMENDED TO READ: TAXES AND ASSESSMENTS FOR THE YEAR 2013 AND SUBSEQUENT YEARS. NOTE: ITEMS 7(A) AND 7(B) OF THE GENERAL EXCEPTIONS ARE HEREBY DELETED. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. ABC62004997-9 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 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. 41t 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. :i. Defects, liens, encumbrances, adverse claims or other matters, if any, created, fast appearing In the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. (a) Unpatented mining claims: (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 8. EXISTING LEASES AND TENANCIES, IF ANY. NOTE: UPON SATISFACTION OF REQUIREMENT 12, SCHEDULE B-1, THE FOREGOING EXCEPTION WILL BE REPLACED WITH THE CERTIFIED RENT ROLL FOR SUBJECT PROPERTY. 9. RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEEDS FROM THE CITY OF ASPEN RECORDED DECEMBER 18, 1887 IN BOOK 59 AT PAGE 221, RECORDED JANUARY 16, 1888 IN BOOK 59 AT PAGE 287, RECORDED JUNE 26, 1888 IN BOOK 59 AT PAGE 453 PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. 10. ALL ORES AND MINERALS AS CONVEYED BY, AND THE TERMS, CONDITIONS AND PROVISIONS OF QUIT CLAIM DEED RECORDED MAY 21, 1891 IN BOOK 93 AT PAGE 91. 11. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND THE PERPETUAL RIGHT TO DIG, WORK, SEARCH FOR, MINE AND REMOVE ALL ORE AND MINERAL BEARING ROCK AND EARTH AS SET FORTH AND GRANTED IN MINING DEED RECORDED MARCH 05, 1892 IN BOOK 105 AT PAGE 562. • 0 ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. ABC62004997-9 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 12. (ITEM INTENTIONALLY DELETED) 13. ANY TAX, LIEN, FEE, OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT PROPERTY IN THE ASPEN SANITATION DISTRICT, AS EVIDENCED BY INSTRUMENT RECORDED FEBRUARY 07, 1951, IN BOOK 175 AT PAGE 472. 14. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN NOTICE OF HISTORIC DESIGNATION RECORDED JANUARY 13, 1975 IN BOOK 295 AT PAGE 515. 15. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN NOTICE OF MAILING OF DECLARATION OF INTENTION TO ESTABLISH PEDESTRIAN MALL RECORDED DECEMBER 15, 1975 IN BOOK 306 AT PAGE 665. 16. (ITEM INTENTIONALLY DELETED) 17. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTION #18, SERIES OF 1999 RECORDED MAY 17, 1999 UNDER RECEPTION NO. 431139. 18. (ITEM INTENTIONALLY DELETED) 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 THE CONDOMINIUM DECLARATION FOR BOWMAN CONDOMINIUMS RECORDED JANUARY 14, 2013, UNDER RECEPTION NO. 596111. ASSIGNMENT OF DECLARANT'S RIGHTS IN CONNECTION THEREWITH RECORDED JANUARY 14, 2013 UNDER RECEPTION NO. 596113. NOTE: UPON SATISFACTION OF REQUIREMENT 1, SCHEDULE B-1, THE FOREGOING • ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. ABC62004997-9 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: ASSIGNMENT WILL BE DELETED. ASSIGNMENT OF DECLARANT'S RIGHTS IN CONNECTION THEREWITH RECORDED , 2013 UNDER RECEPTION NO 20. ANY FACTS. RIGHTS. INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING FACTS SHOWN ON CONDOMINIUM MAP OF BOWMAN BUILDING CONDOMINIUMS RECORDED JANUARY 14 2013 UNDER RECEPTION NO 596112 AND ON ALTA/ACSM LAND TITLE SURVEY RECORDED JANUARY 25, 2013_ UNDER RECEPTION NO. 596467: A) FENCE LINES ARE NOT COINCIDENT WITH PROPERTY LINES. NOTE: THOSE PORTIONS OF THE FENCE THAT ENCROACH INTO THE PUBLIC ALLEY ADJACENT TO SUBJECT PROPERTY ARE PERMITTED BY REVOCABLE ENCROACHMENT LICENSE APPLICATION RECORDED JANUARY 2, 2013 UNDER RECEPTION NO. 595723. B) STAIRS SERVING SUBJECT PROPERTY AND LANDCAPED AREAS EXTEND INTO THE PUBLIC ALLEY ADJACENT TO SUBJECT PROPERTY. NOTE: SAID ENCROACHMENT IS PERMITTED BY REVOCABLE ENCROACHMENT LICENSE APPLICATION RECORDED JANUARY 2, 2013 UNDER RECEPTION NO. 595723. C) BUILDING EXTENDS INTO THE HUNTER STREET RIGHT OF WAY. NOTE: SAID ENCROACHMENT IS PERMITTED BY REVOCABLE ENCROACHMENT LICENSE APPLICATION RECORDED JANUARY 2, 2013 UNDER RECEPTION NO.595723. D) BUILDING, TELEPHONE PEDESTALS, CABLE TELEVISION PEDESTAL AND AIR COOLER WITH DUCT EXTEND ONTO THE PROPERTY ADJACENT TO THE NORTHWEST. 21. (ITEM INTENTIONALLY DELETED) 22. TERMS CONDITIONS PROVISIONS BURDENS AND OBLIGATIONS AS SET FORTH IN SHORT FORM MEMORANDUM OF TENANCY IN COMMON AND MANAGEMENT AGREEMENT RECORDED JANUARY 28 2013 UNDER RECEPTION NO 596483 SUBORDINATION AGREEMENT IN CONNECTION THEREWITH RECORDED _ _ _ _ _ _ _ _ _ ______,2013UNDERRECEPTIONNO. _______________- ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. ABC62004997-9 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: NOTE: UPON RECORDATION OF A DULY EXECUTED AND ACKNOWLEDGED SUBORDINATION AGREEMENT. THE FOREGOING EXCEPTION WILL APPEAR ON SCHEDULE B-II OF THE FINAL MORTGAGEES POLICY AS A SUBORDINATE MATTER. • 0 LAND TITLE GUARANTEE COMPANY and LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The sub'ect real property may be located in a special taxing district. B) A Certicate of Taxes IIue listing each taxing jurisdiction shall be obtained from the County Treasurer or the County Treasurer's authorized agent. C) 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 o('fice 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 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all mat eis which appear of record prior to the time of recording whenever the title end'iy conducts the closing and is responsible for recordin or filing of legal documents resulting from the transaction which was closed". Provided 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 Owners Tale 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 Po cy 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 material -men 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 un-filed mechanics and material-men'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 satisfactorryy 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 containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. 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, as, other minerals, or geothermal every in the property; and B) That such mineral estate may include the right to enter and use the properly 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 tor the purpose of defraudg. g or attempting to defraud the company. Penalties may include imprisonment, fines, information to an insurance comppaanny for the purpose of defrauding or incomplete, or misleading facts or information to a policyholder or claimant%r the purpose of defrauding or attempting attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to tfie Colorado division of insurance within the department of regulatory agencies. 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. nI9CWGURE 02/2011 • • First American Title Insurance Company PRIVACY POLICY We are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, the First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: ' Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; * Information about your transactions with us, our affiliated companies, or others; and * Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested to us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled respasibly and in accordance with this Privacy Policy and First American's Fair Information values. We currently maintain physical, electronic, and procedural safeguards that comply with referral regulations to guard your nonpublic personal information. WEBSITE Information on the calculation of premiums and other tide related charges are listed at First American's website: www.&stam.com • • NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, INC., A COLORADO CORPORATION AND MERIDIAN LAND TITLE, L.L.C., A COLORADO LIMITED LIABLITY COMPANY, DB/A LAND TITLE GUARANTEE COMPANY - GRAND JUNCTION This Statement is provided to you as a customer of Land Title Guarantee Company, a Colorado corporation and Meridian Land Title, LLC, d/b/a Land Title Guarantee Company - Grand Junction. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and stale 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 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 either obtain 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 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 access 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 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. Form PRIV.PM.LM_1 �nmitment for Title Insurance ISSUED BY First American Title Insurance Company FIRST AMERICAN TIRE INSURANCE COMPANY, a California corporation CCompanyl, for a valuable consideration, conunts to issue its policy or polices of title insurance, as identified in Schedule A, in favor of the Proposed Insured names in Schedule A, as owner or mortgage of the estate or interest in the land desabed or referred to in Schedule A, upon payment of the premirms and charges and compliance with the Requirements; at subject to the provisions of Schedules A and B and to the Conditions of this Commitment, This Commitment shall be effective only when the itlantity of the Proposed Insured and the amount of the policy or policies came fitted for have been inserted in Schedule A by the Company, All liability and obligation under this Commitment shad cease and terminate six (6) months after the Effecthw Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the faun of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall mt be valid or binding unll countersigned by a validating office or authorized signatory. IN WITNESS'!HEREOF, First American Tale Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. CONDITIONS 7. The term mortgage, when used herein, shall include deed of bast, trust deed, OF other security iratnarent 2. If the proposed Insured has or acquired actual knowledge of any defect fen, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to sa disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual kmvJedge of any such defect lien encumbrance, adverse claim or ago matter, the Company at its option may amend Schedule B of this Commitment aaordngly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be uny to the named proposed Insured and such parties inckded under the definition of the htsred in the form of pokey or policies committed far and only for actual loss incurred in reliance hereon in undatating in goad faith la) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate a interest or mortgage thereon covered by this Comntm end, In no event shall such liability exceed the amount slated in Schedule A for the poky at polices committed far and such liability is subject to the insuring pnmdsions and Canditions and Stipulations end the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to Issued am or more We insurance policies and is not an abstract of tide or a report of the condition of title. Any action or actions or nights of action that the proposed Insured may have or may bring against the Company arising out of the stabs of the title to the estate a interest or the status of the mortgage thereon covered by this Commitment must be based an and are subject to the prrlsions of Ids Commitment. 5. The policy to be issued contains an arbitration cause. All arbitrable matters when me.Arnamt of Insurance is 52,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules as wsrw.aita.org I —Ed by: LAND TITLE GUARANTEE COMPANY 3033 EAST FIRST AVENUE SUITE 600 PO BOX 5440 (90217) DENVER, CO 90217 A horhM aAgmt __ CC.FA.06 FIRST AMERICAN TITLE INSURANCE COMPANY '. S[fTfNlFt 24 Dennis �eCR<tFOt��! AMERICAN LANOTME I yf-