HomeMy WebLinkAboutFile Documents.855 Chatfield Rd.0072-2020-BRES (35)Stewart Title Company
620 E Hopkins Ave
Aspen, CO 81611
Date: January 23, 2020
File Number: 253470
Property Address:855 Chatfield Road, Aspen, CO 81611
Buyer/Borrower:Chatfield View, LLC, a Texas limited liability company
Please direct all Title inquiries to:
Kurt Beereboom
Phone: (970) 925-3577
Fax: (866) 277-9353
Email Address: Kurt.Beereboom@stewart.com
Please direct all Closing inquiries to:
Kate Staskauskas
Phone: (970) 927-7644
Fax: (866) 277-9353
Email Address: kate.s@stewart.com
Revision Number: C8
Chatfield View, LLC, a Texas limited liability company
Delivery Method: Emailed
Chatfield LLC, a Delaware Limited Liability Company
Delivery Method: Emailed
Attn:Cynthia Milling
Phone:
Fax:(970) 300-0200
Douglas Elliman Real Estate
PO Box 6450, Snowmass Village Ctr, Ste 113
Snowmass Village, CO 81615
E-Mail:artemis@rof.net
Delivery Method: Emailed
Attn:Blake Greiner
Phone:
Fax:
E-Mail:blake.greiner@elliman.com
Delivery Method: Emailed
Attn:Sharon Cook
Phone:(970) 205-2209
Fax:
Douglas Elliman Real Estate
PO Box 6450, Snowmass Village Ctr, Ste 113
Snowmass Village, CO 81615
E-Mail:Sharon.cook@elliman.com
Delivery Method: Emailed
Attn:Kristi Gilliam
Phone:
Fax:
Gilliam Properties of Aspen
1024 E Cooper, 8
Aspen, CO 81611
E-Mail:kristi@rof.net
Delivery Method: Emailed
07/09/2020
Attn:
Phone:
Fax:
Frost Bank
3838 Rogers Rd, One Frost 3rd Fl
San Antonio, TX 78251
E-Mail:
Delivery Method: Emailed
Attn:
Phone:
Fax:
E-Mail:
Delivery Method: Emailed
Attn:Brent Bike
Phone:(713) 388-7722
Fax:(713) 388-1269
Frost Bank
601 Jefferson St, 2nd Fl
Houston, TX 77002
E-Mail:brent.bike@frostbank.com
Deliver Method: Emailed
Attn:Tammy Franckowiak
Phone:(210) 220-4742
Fax:(210) 220-4258
Frost Bank
PO Box 1600, 100 W Houston
San Antonio, TX 78296
E-Mail:tammy.franckowiak@frostbank.com
Deliver Method: Emailed
Attn:Benjamin Genshaft
Phone:(970) 925-9450
Fax:
Genshaft Cramer LLP
420 E Main St, Ste 200
Aspen, CO 81611
E-Mail:bgenshaft@genshaftcramer.com
Delivery Method: Emailed
Attn:
Phone:
Fax:
Rocky Mountain Surveying
4133 Crystal Springs Rd
Carbondale, CO 81623
E-Mail:
Delivery Method: Emailed
WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. PLEASE FEEL FREE TO CONTACT
THE ESCROW OFFICE AS NOTED ABOVE.
We Appreciate Your Business and Look Forward to Serving You in the Future.
07/09/2020
This page is only a part of a 2016 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 II - Exceptions; and a countersignature 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.
File No.: 253470
ALTA Commitment For Title Insurance 8-1-16
Page 1 of 3
ALTA COMMITMENT FOR TITLE INSURANCE
ISSUED BY
STEWART TITLE GUARANTY 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, STEWART TITLE GUARANTY COMPANY, a Texas 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 six months after the Commitment Date, this
Commitment terminates and the Company’s liability and obligation end.
Stewart Title Company
620 E Hopkins Ave
Aspen, CO 81611
For purposes of this form the “Stewart Title” logo featured above is the represented logo for the underwriter, Stewart Title Guaranty Company.
07/09/2020
This page is only a part of a 2016 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 II - Exceptions; and a countersignature 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.
File No.: 253470
ALTA Commitment For Title Insurance 8-1-16
Page 2 of 3
COMMITMENT CONDITIONS
1.DEFINITIONS
(a)“Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public
Records.
(b)“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.
(c)“Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means
authorized by law.
(d)“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.
(e)“Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued
pursuant to this Commitment.
(f)“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.
(g)“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.
(h)“Title”: The estate or interest described in 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 shall not be liable for any other
amendment to this Commitment.
5.LIMITATIONS OF LIABILITY
(a)The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’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 Insured’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 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.
(c)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.
07/09/2020
This page is only a part of a 2016 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 II - Exceptions; and a countersignature 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.
File No.: 253470
ALTA Commitment For Title Insurance 8-1-16
Page 3 of 3
(d)The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good
faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(e)The Company shall not be liable for the content of the Transaction Identification Data, if any.
(f)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.
(g)In any event, the Company’s liability is limited by the terms and provisions of the Policy.
6.LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
(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 and must be restricted solely to the terms and provisions of this
Commitment.
(c)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 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 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>.
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 P.O. Box 2029, Houston, Texas 77252-2029.
07/09/2020
ALTA COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
ISSUED BY
STEWART TITLE GUARANTY COMPANY
This page is only a part of a 2016 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 II -
Exceptions; and a countersignature 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.
File No.: 253470
ALTA Commitment For Title Insurance 8-1-16
Page 1 of 5
Transaction Identification Data for reference only:
Issuing Agent:Stewart Title Company
Issuing Office:620 E Hopkins Ave, Aspen, CO 81611
ALTA® Universal ID:
Loan ID Number:6471684-9001
Commitment Number:253470
Issuing Office File Number:253470
Property Address:855 Chatfield Road, Aspen, CO 81611
Revision Number:C8
1.Commitment Date: January 21, 2020 at 8:00AM
2.Policy to be issued:Proposed Policy Amount
(a)ALTA Owner’s Extended $3,900,000.00
Proposed Insured: Chatfield View, LLC, a Texas limited liability company
(b)ALTA Loan Extended $2,925,000.00
Proposed Insured: Frost Bank
3.The estate or interest in the Land described or referred to in this Commitment is:
FEE SIMPLE
4.Title to the said estate or interest in the Land is at the Commitment Date vested in:
Chatfield View LLC, a Texas Limited Liability Company
5.The Land is described as follows:
See Exhibit “A” Attached Hereto
07/09/2020
ALTA COMMITMENT FOR TITLE INSURANCE
EXHIBIT “A”
LEGAL DESCRIPTION
ISSUED BY
STEWART TITLE GUARANTY COMPANY
This page is only a part of a 2016 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 II -
Exceptions; and a countersignature 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.
File No.: 253470
ALTA Commitment For Title Insurance 8-1-16
Page 2 of 5
File No.: 253470
Lot 2,
West Aspen Subdivision, Filing No. 3,
according to the Plat thereof recorded September 4, 1968 in Plat Book 3 at Page 309 as Reception No.
132136.
County of Pitkin, State of Colorado
07/09/2020
ALTA COMMITMENT FOR TITLE INSURANCE
SCHEDULE B PART I
ISSUED BY
STEWART TITLE GUARANTY COMPANY
This page is only a part of a 2016 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 II -
Exceptions; and a countersignature 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.
File No.: 253470
ALTA Commitment For Title Insurance 8-1-16
Page 3 of 5
File No.: 253470
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.Vesting Deed recorded September 4, 2018 as Reception No. 650062
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.
07/09/2020
ALTA COMMITMENT FOR TITLE INSURANCE
SCHEDULE B PART II
ISSUED BY
STEWART TITLE GUARANTY COMPANY
This page is only a part of a 2016 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 II -
Exceptions; and a countersignature 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.
File No.: 253470
ALTA Commitment For Title Insurance 8-1-16
Page 4 of 5
Exceptions
File No.: 253470
THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR
LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE
EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES
STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION,
GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN.
The Policy will not insure against loss or damage resulting from the terms and provisions 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.All taxes for 2018 and subsequent years, which are a lien not yet payable.
9.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:
Pitkin County General Fnd, County TV&FM Translators, County Roads and Bridges, County Human
Services, Healthy Community Fund, Aspen Ambulance District, Open Space & Trails, Pitkin County
Library, City of Aspen, Aspen Fire Protection, Aspen Sanitation District, Aspen Valley Hospital,
Aspen School District, Colorado Mtn College, Colorado River Water Cons, Aspen Historic Park & Rec
07/09/2020
ALTA COMMITMENT FOR TITLE INSURANCE
SCHEDULE B PART II
ISSUED BY
STEWART TITLE GUARANTY COMPANY
This page is only a part of a 2016 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 II -
Exceptions; and a countersignature 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.
File No.: 253470
ALTA Commitment For Title Insurance 8-1-16
Page 5 of 5
10.Reservations and exceptions in Patents, or Acts authorizing the issuance thereof, including the
reservation of the right of proprietor of a vein or lode to extract and remove his ore therefrom should
the same be found to penetrate or intersect the premises as reserved in United States Patent
recorded February 8, 1955 in Book 180 at Page 334.
11.All matters shown on the plat of West Aspen Subdivision, Filing No. 2 recorded September 4, 1968 in
Book 3 at Page 309.
12.NOTE: West Aspen Homeowners Association was dissolved in 1984. According to the Article VIII
item 2 of the Covenants upon dissolution of the association the Protective Covenants will terminate
13.Any rights, easements, interests or claims that may exist by reason of or reflected by the following
facts shown on the survey dated 2/2013 and updated 8/2018 by Rocky Mountain Surveying:
Portion of concrete driveway located in 10' Utility easement
Fence between Lot 1 Harvey and Lot 2 West Aspen Sub not built on property lines.
14.Any and all existing leases and tenancies.
07/09/2020
ALTA COMMITMENT FOR TITLE INSURANCE
ISSUED BY
STEWART TITLE GUARANTY COMPANY
This page is only a part of a 2016 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 II -
Exceptions; and a countersignature 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.
File No.: 253470
ALTA Commitment For Title Insurance 8-1-16
File No.: 253470
STATEMENT OF CHARGES
These charges are due and payable before a policy can be issued:
07/09/2020
DISCLOSURES
File No.: 253470
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 5 will not appear on the Owner’s Title Policy and the
Lender’s Title Pol icy when issue d.
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:
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.
07/09/2020
File No.: 253470 Revised 11-19-2013
Stewart Title Guaranty Company Privacy Notice
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 title 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 — For your convenience, Stewart
has developed a means for you to opt out from its affiliates marketing
even though such mechanism is not legally required.
Yes Yes, send your first and last name, the email
address used in your transaction, your Stewart file
number and the Stewart office location that is
handling your transaction by email to
optout@stewart.com or fax to
1-800-335-9591.
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 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
·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
07/09/2020