HomeMy WebLinkAbout4. TitleTITLE COMPANY
of the rockies
711 E. Valley Rd, Unit 201B
Basalt, CO 81621
Phone:970-366-4111 Fax:970-672-1576
www.titlecorockies.com
COMMITMENT TRANSMITTAL
Commitment Ordered By:
Inquiries should be directed to:
Chris Bendon
Kate Staskauskas
BendonAdams
Title Company of the Rockies
300 So. Spring St. #202
711 E. Valley Rd, Unit 201B
Aspen, CO 81611
Basalt, CO 81621
Phone: 970-925-2855 Fax:
Phone:970-366-4111 Fax:970-672-1576
email: chris@bendonadams.com
email: Kates@titlecorockies.com
Commitment Number: 7001094-C
Buyer's Name(s): purchaser with contractual rights under a purchaser agreement with the vesting order
Seller's Name(s): Pfister Cuzlings LLC, a Colorado limited liability company
Property: TBD Maroon Creek Club Lot 41, Aspen, CO 81611
Lot 41 Free Market, Maroon Creek Club, Pitkin County, Colorado
COPIES / MAILING LIST
purchaser with contractual rights under a purchaser agreement Pfister Cuzlings LLC, a Colorado limited liability company
with the vesting order
Chris Bendon
BendonAdams
300 So. Spring St. #202
Aspen, CO 81611
Phone:970-925-2855
email: chris@bendonadams.com
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.
Service Beyond Expectation in Colorado for. Eagle, Garfield, Grand Pitkin and Summit Counties. (Limited Coverage: Jackson, Lake, Park and Routt Counties)
Locations In: Avon/Beaver Creek, Basalt, Breckenridge, Grand Lake and Winter Park. (Closing Services available in Aspen and Glenwood Springs).
Page 1 of 1 September 8, 2021
4:14 PM
TITLE COMPANY
of the rockies
Commitment Ordered By:
Chris Bendon
BendonAdams
300 So. Spring St. #202
Aspen, CO 81611
Phone: 970-925-2855 Fax:
email: chris@bendonadams.com
711 E. Valley Rd, Unit 201B
Basalt, CO 81621
Phone:970-366-4111 Fax:970-672-1576
www.tittecorockies.com
Inquiries should be directed to:
Kate Staskauskas
Title Company of the Rockies
711 E. Valley Rd, Unit 201B
Basalt, CO 81621
Phone:970-366-4111 Fax:970-672-1576
email: Kates@titlecorockies.com
Commitment Number: 7001094-C
Buyer's Name(s): purchaser with contractual rights under a purchaser agreement with the vesting order
Seller's Name(s): Pfister Cuzlings LLC, a Colorado limited liability company
Property: TBD Maroon Creek Club Lot 41, Aspen, CO 81611
Lot 41 Free Market, Maroon Creek Club, Pitkin County, Colorado
TITLE CHARGES
These charges are based on issuance of the policy or policies described in the attached Commitment for Title Insurance, and includes premiums
for the proposed coverage amount(s) and endorsement(s) referred to therein, and may also include additional work and/or third party charges
related thereto.
If applicable, the designation of "Buyer" and "Seller" shown below may be based on traditional settlement practices in Pitkin County, Colorado,
and/or certain terms of any contract, or other information provided with the Application for Title Insurance.
Owner's Policy Premium:
Loan Policy Premium:
Additional Lender Charge(s):
Additional Other Charge(s):
Tax Certificate:
Total Endorsement Charge(s):
TBD Charge(s): $300.00
TOTAL CHARGES: $300.00
Service Beyond Expectation in Colorado for: Eagle, Garfield, Grand, Pitkin and Summit Counties. (Limited Coverage: Jackson, Lake, Park and Routt Counties)
Locations In: Avon/Beaver Creek, Basalt, Breckenridge, Grand Lake and Winter Park. (Closing Services available in Aspen and Glenwood Springs).
ALTA Commitment (6-17-06)
ALTA Commitment Form
COMMITMENT FOR TITLE INSURANCE
1,—d M
ste art
• tttle guaranty company
Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration,
commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the
Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land
described or referred to in Schedule A, upon payment of the premiums and charges and compliance
with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this
Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of
the policy or policies committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate 6 months after the Effective
Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the
failure to issue such policy or policies is not the fault of the Company.
The Company will provide a sample of the policy form upon request.
This commitment shall not be valid or binding until countersigned by a validating officer or authorized
signatory.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to
be affixed by its duly authorized officers on the date shown in Schedule A.
Issued by: Gan
Frederick H. F-ppinger
TITLE COMPANY IPresident and CEO
of the rockies , I P�
s
711 E. Valley Rd, Unit 201B
Basalt, CO 81621
Authorized Agent Denise c raux
Secretary
004-UN ALTA Commitment (6-17-06)
CONDITIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security
instrument.
2. If the proposed Insured has or acquired actual knowledge of any defect, lien, 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 so disclose such
knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the
Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim
or other matter, the Company at its option may amend Schedule B of this Commitment accordingly,
but such amendment shall not relieve the Company from liability previously incurred pursuant to
paragraph 3 of these Conditions and Stipulations.
Liability of the Company under this Commitment shall be only to the named proposed Insured and
such parties included under the definition of Insured in the form of policy or policies committed for
and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with
the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or
create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such
liability exceed the amount stated in Schedule A for the policy or policies committed for and such
liability is subject to the insuring provisions and Conditions and Stipulations and 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 issue one or more title insurance policies and is not an abstract of
title or a report of the condition of title. Any action or actions or rights of action that the proposed
Insured may have or may bring against the Company arising out of the status of the title to the estate
or interest or the status of the mortgage thereon covered by this Commitment must be based on and
are subject to the provisions of this Commitment.
5. The policy to be issued contains an arbitration clause. 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
as the exclusive remedy of the parties. You may review a copy of the arbitration rules at<
http://www.alta.o >.
COMMITMENT FOR TITLE INSURANCE
Issued by
TITLE COMPANY
of the reckies
as agent for
Stewart Title Guaranty Company
SCHEDULE A
Reference: Commitment Number: 7001094-C
Effective Date: August 13, 2021, 7:00 am Issue Date: September 08, 2021
2. Policy (or Policies) to be issued:
ALTA Owner's Policy (6-17-06) Policy Amount: Amount to be Determined
Premium: Amount to be Determined
Proposed Insured: purchaser with contractual rights under a purchaser agreement with the vesting
order
3. The estate or interest in the land described or referred to in this Commitment is Fee Simple.
4. The Title is, at the Commitment Date, vested in:
Pfister Cuzlings LLC, a Colorado limited liability company
5. The land referred to in this Commitment is described as follows:
FOR LEGAL DESCRIPTION SEE SCHEDULE A CONTINUED ON NEXT PAGE
For Informational Purposes Only - APN: 273511209041 / R014455
By:
Countersigned
Title Company of the Rockies, LLC
Staci Stamps
This page is only a part of a 2016 ALTA O Commitment for Title Insurance issued by Stewart Title Guaranty Company. 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.
Copyright 2006-2016 American Land Title Association. All rights reserved. MAI R«hh
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and L""" 14
r"
ALTA members in good standing as of the date of use. All other uses are prohibited. "6dk "r"
Reprinted under license from the American Land Title Association.
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018 Page 1
Schedule A
Commitment No: 7001094-C
SCHEDULE A (continued)
LEGAL DESCRIPTION
The Land referred to herein is located in the County of Pitkin, State of Colorado, and described as follows:
Lot 41,
Maroon Creek Club,
as shown on the Final Plat and PUD for Maroon Creek Club recorded November 15, 1993 in Plat Book 33
at Page 4.
County of Pitkin, State of Colorado
For each policy to be issued as identified in Schedule A, Item Z the Company shall not be liable under
this commitment until it receives a specific designation of a Proposed Insured, and has revised this
commitment identifying that Proposed Insured by name. As provided in Commitment Condition 4, the
Company may amend this commitment to add, among other things, additional exceptions or
requirements after the designation of the Proposed Insured.
This page is only a part of a 2016 ALTA O Commitment for Title Insurance issued by Stewart Title Guaranty 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.
Copyright 2006-2016 American Land Title Association. All rights reserved. nw3-
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. "6dk "r"
Reprinted under license from the American Land Title Association.
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018 Page 2
Schedule A
Commitment No: 7001094-C
COMMITMENT FOR TITLE INSURANCE
Issued by
Stewart Title Guaranty Company
SCHEDULE B, PART I
Requirements
All of the following Requirements must be met:
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.
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. Evidence satisfactory to the Company or its duly authorized agent either (a) that the "real estate
transfer taxes" imposed by Ordinance No. 20 (Series of 1979), and by Ordinance No. 13, (Series
of 1990), of the City of Aspen, Colorado have been paid, and that the liens imposed thereby have
been fully satisfied, or (b) that Certificates of Exemption have been issued pursuant to the
provisions thereof.
6. Evidence satisfactory to the Company or its duly authorized agent that all dues and/or
assessments levied by the Homeowners Association have been paid through the date of closing.
NOTE: Please be advised that our search did not disclose any open Deeds of Trust of
record. If you should have knowledge of any outstanding obligation, please contact the Title
Department immediately for further review prior to closing.
7. Deed from Pfister Cuzlings LLC, a Colorado limited liability company to purchaser with
contractual rights under a purchaser agreement with the vesting order.
NOTE: Duly executed real property transfer declaration, executed by either the Grantor or
Grantee, to accompany the Deed mentioned above, pursuant to Article 14 of House Bill No.
This page is only a part of a 2016 ALTA O Commitment for Title Insurance issued by Stewart Title Guaranty 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.
Copyright 2006-2016 American Land Title Association. All rights reserved. nw3-
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. "6dk "r"
Reprinted under license from the American Land Title Association.
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018 Page 3
Schedule B - Part I
Commitment No: 7001094-C
1288-CRA 39-14-102.
NOTE: Statement of Authority for Pfister Cuzlings LLC, a Colorado limited liability company,
recorded May 3, 2021 at Reception No. 676220, discloses that the names and addresses of the
manager(s) or member(s) authorized to act on behalf of the limited liability company are as
follows:
THE COMPANY RESERVES THE RIGHT TO CONDUCT AN ADDITIONAL SEARCH OF
THE RECORDS IN THE OFFICE OF THE CLERK AND RECORDER FOR PITKIN COUNTY,
COLORADO FOR JUDGMENT LIENS, TAX LIENS OR OTHER SIMILAR OR DISSIMILAR
INVOLUNTARY MATTERS AFFECTING THE GRANTEE OR GRANTEES, AND TO MAKE
SUCH ADDITIONAL REQUIREMENTS AS IT DEEMS NECESSARY, AFTER THE
IDENTITY OF THE GRANTEE OR GRANTEES HAS BEEN DISCLOSED TO THE
COMPANY.
NOTE: THIS COMMITMENT IS ISSUED UPON THE EXPRESS AGREEMENT AND
UNDERSTANDING THAT THE APPLICABLE PREMIUMS, CHARGES AND FEES SHALL
BE PAID BY THE APPLICANT IF THE APPLICANT AND/OR ITS DESIGNEE OR
NOMINEE CLOSES THE TRANSACTION CONTEMPLATED BY OR OTHERWISE RELIES
UPON THE COMMITMENT, ALL IN ACCORDANCE WITH THE RULES AND
SCHEDULES OF RATES ON FILE WITH THE COLORADO DEPARTMENT OF
INSURANCE.
NOTE: EXCEPTION NO. 5 UNDER SCHEDULE B, SECTION 2 OF THIS COMMITMENT
WILL NOT APPEAR IN THE POLICY OR POLICIES TO BE ISSUED PURSUANT HERETO,
PROVIDED THAT (A) THE DOCUMENTS CONTEMPLATED BY THE REQUIREMENTS
SET FORTH IN SCHEDULE B, SECTION 1 OF THIS COMMITMENT ARE SUBMITTED TO
AND APPROVED AND RECORDED BY THE COMPANY OR ITS DULY AUTHORIZED
AGENT, AND (B) AN EXAMINATION OF THE RECORDS IN THE OFFICE OF THE CLERK
AND RECORDER FOR PITKIN COUNTY, COLORADO BY THE COMPANY OR ITS DULY
AUTHORIZED AGENT DISCLOSES THAT NO DEFECTS, LIENS, ENCUMBRANCES,
ADVERSE CLAIMS OR OTHER MATTERS HAVE BEEN RECORDED IN SUCH RECORDS
SUBSEQUENT TO THE EFFECTIVE DATE HEREOF.
This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Stewart Title Guaranty 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.
Copyright 2006-2016 American Land Title Association. All rights reserved. nwr-
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. "6ih "r"
Reprinted under license from the American Land Title Association. '
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018 Page 4
Schedule B - Part I - continued
Commitment No: 7001094-C
SCHEDULE B, PART II
Exceptions
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.
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless
the same are disposed of to the satisfaction of the Company.
Any loss or damage, including attorney fees, by reason of the matters shown below:
Any facts, right, interests, or claims which are not shown by the Public Records but which could
be ascertained by an inspection of said Land or by making inquiry of persons in possession
thereof.
2. 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.
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. 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, as reserved in United States Patent
recorded August 26, 1911 in Book 55 at Page 189 and in Book 55 at Page 191.
8. Right of Way for ditches and canals as reserved in United States Patent recorded September 13,
This page is only a part of a 2016 ALTA O Commitment for Title Insurance issued by Stewart Title Guaranty 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.
Copyright 2006-2016 American Land Title Association. All rights reserved. nw3-
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. "6dk "r"
Reprinted under license from the American Land Title Association.
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018 Page 5
Schedule B - Part 11
Commitment No: 7001094-C
1934 in Book 162 at Page 400.
9. Master Declaration of Protective Covenants for Maroon Creek Club as set forth in instrument
recorded December 2, 1993 in Book 733 at Page 598 as Reception No. 364075, and Assignment
and Designation of Successor Declarant for Maroon Creek Club recorded May 11, 1994 in Book
750 at Page 242 as Reception No. 369936 and First Amendment to Master Declaration of
Protective Covenants for Maroon Creek Club recorded February 17, 1994 in Book 742 at Page 83
as Reception No. 367049 and Second Amendment to Master Declaration of Protective Covenants
for Maroon Creek Club recorded June 8, 1994 in Book 752 at Page 754 as Reception No. 370864
and Amended and Restated Third Amendment to Master Declaration of Protective Covenants for
Maroon Creek Club recorded July 26, 1994 in Book 756 at Page 597 as Reception No. 372475
and Fourth Amendment to Master Declaration of Protective Covenants for Maroon Creek Club
recorded September 12, 1996 as Reception No. 396947.
10. Terms, conditions, provisions and obligations contained in the Subdivision Improvement
Agreement for Maroon Creek Club (formerly Pfister Ranch/Golf) recorded November 12, 1993
in Book 730 at Page 606 as Reception No. 363236, and Insubstantial P.U.D. Amendment
recorded December 19, 1996 as Reception No. 400129 and Amendment recorded March 10,
2000 as Reception No. 441279.
11. All matters as shown and contained on Plat of Maroon Creek Club recorded November 15, 1993
in Plat Book 33 at Page 4 as Reception No. 363275 and Amended Sheet 2 recorded March 31,
1994 in Plat Book 34 at Page 23 as Reception No. 368436, and Assignment of Final Subdivision
Plat and PUD for Maroon Creek Club recorded February 17, 1994 in Book 742 at Page 117 as
Reception No. 367059, and Assignment of Final Subdivision Plat and PUD for Maroon Creek
Club recorded February 17, 1994 in Book 742 at Page 121 as Reception No. 367060.
12. Terms, conditions, provisions and obligations contained in the Resolution of the Board of County
Commissioners of Pitkin County, Colorado Granting Final Plat Approval for Maroon Creek Club
(Previously Pfister Ranch/Golf), Resolution No. 93-104 recorded August 13, 1993 in Book 721 at
Page 245 as Reception No. 360002 and Resolution of the Pitkin County Board of County
Commissioners Defining the Method of Floor Area Calculation for the Maroon Creek
Development and Amending Resolution No. 93-104, Resolution No. 95-128 recorded August 28,
1995 in Book 791 at Page 821 as Reception No. 384763.
13. Terms, conditions, provisions and obligations contained in the Dedication Agreement for Roads
as set forth in instrument recorded November 12, 1993 in Book 730 at Page 662 as Reception No.
363240.
14. Terms, conditions, provisions and obligations contained in the Grant of Easement Agreement
(Avigation Easement) by and between Pearce Equities Group II Limited Liability Company, a
Utah limited liability company, and Pitkin County, Colorado recorded November 12, 1993 in
This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Stewart Title Guaranty Company. 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 11-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved. nw-
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
•YI{J�IiM
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.
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018 Page 6
Schedule 8 - Part 11- continued
Commitment No: 7001094-C
Book 730 at Page 690 as Reception No. 363242.
15. Terms, conditions, provisions and obligations contained in the Water Service Agreement
recorded November 15, 1993 in Book 730 at Page 797 as Reception No. 363258, and Assignment
and Assumption of Water Lease Agreement recorded November 15, 1993 in Book 730 at Page
865 as Reception No. 363259, and Assignment and Assumption Agreement recorded January 7,
1994 in Book 737 at Page 899 as Reception No. 365464 and Amended Assignment and
Assumption Agreement recorded April 11, 1994 in Book 747 at Page 191 as Reception No.
368825 and First Amendment recorded October 17, 1997 as Reception No. 409559.
16. Terms, conditions, provisions and obligations contained in the Trench, Conduit, and Vault
Agreement as set forth in instrument recorded July 11, 1994 in Book 755 at Page 55 as Reception
No. 371946.
17. Terms, conditions, provisions and obligations contained in the Ordinance No. 34 (Series of
1996), An Ordinance of the City Council of the City of Aspen, Colorado Approving the
Annexation of Certain Territory to the City of Aspen, Colorado to be known and designated as
""Maroon Creek Club Subdivision (South) Property"" Annexation recorded February 21, 1997 as
Reception No. 401985; Ordinance No. 33 (Series of 1996), An Ordinance of the City Council of
the City of Aspen Colorado, Approving the Annexation of Certain Territory to the City of Aspen,
Colorado, to be known and designated as the ""Maroon Creek Club Subdivision (North)
Property"" Annexation recorded February 21, 1997 as Reception No. 401986; Ordinance No. 40
(Series of 1996) An Ordinance of the Aspen City Council Granting a Rezoning for the Maroon
Creek Subdivision in Conjunction with Annexation into the City of Aspen recorded April 8, 1997
as Reception No. 403224, and re -recorded as Reception No. 404428.
18. Conditions and restrictions as set forth on the Maroon Creek Club Annexation plats recorded
February 6, 1997 in Plat Book 41 at Page 76 as Reception No. 401571, and in Plat Book 41 at
Page 77 as Reception No. 401572.
19. Terms, conditions, provisions and obligations contained in the Road Easement Agreement as set
forth in instrument recorded November 15, 1993 in Book 730 at Page 938 as Reception No.
363262; Road Maintenance Agreement recorded November 12, 1993 in Book 730 at Page 739 as
Reception No. 363249 and Assignment of Road Maintenance Agreements Related to Maroon
Creek Club recorded September 3, 1996 as Reception No. 396644.
20. Terms, conditions, provisions and obligations contained in the Agreement regarding Maroon
Creek Club Roads and Common Area Parcels recorded September 22, 1999 as Reception No.
435797.
21. Terms, conditions, provisions and obligations contained in the Maroon Creek Club Subdivision
Designation of Ski Easements recorded October 14, 2004 at Reception No. 503050.
This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Stewart Title Guaranty Company. 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 11-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved. nw-
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
•YI{J�IiM
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.
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018 Page 7
Schedule 8 - Part 11- continued
Commitment No: 7001094-C
22. Terms, conditions, provisions and obligations contained in the Grant of Easement to Comcast of
Colorado/Florida recorded November 3, 2008 as Reception No. 553987.
23. Terms, conditions, provisions and obligations contained in the Ordinance No. 26, Series of 2014
recorded October 23, 2014 as Reception No. 614783.
24. Terms, conditions, provisions and obligations contained in the Notice of Approval recorded
February 29, 2012 as Reception No. 587075.
25. Terms, conditions, provisions and obligations contained in the Notice of Approval recorded
February 18, 2016 as Reception No. 627141.
This page is only a part of a 2016 ALTA ® Commitment for Title Insurance issued by Stewart Title Guaranty Company. 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 ll-Exceptions.
Copyright 2006-2016 American Land Title Association. All rights reserved. nw-
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and
•YI{J�IiM
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.
Commitment for Title Insurance (8-1-2016)
Technical Correction 4-2-2018 Page 8
Schedule 8 - Part 11- continued
Commitment No: 7001094-C
DISCLOSURE STATEMENTS
Note 1: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, 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." (Gap Protection)
Note 2: Exception No. 4 of Schedule B, Section 2 of this Commitment may be deleted from the Owner's Policy to be
issued hereunder upon compliance with the following conditions:
1. The Land described in Schedule A of this commitment must be a single-family residence, which includes a
condominium or townhouse unit.
2. No labor or materials may have been furnished by mechanics or materialmen for purpose of construction on
the Land described in Schedule A of this Commitment within the past 13 months.
3. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's
and materialmen's liens.
4. Any deviation from conditions A though C above is subject to such additional requirements or Information
as the Company may deem necessary, or, at its option, the Company may refuse to delete the exception.
5. Payment of the premium for said coverage.
Note 3: The following disclosures are hereby made pursuant to § 10-11-122, C.R.S.:
(i) The subject real property may be located in a special taxing district;
(ii) A certificate of taxes due listing each taxing jurisdiction shall be obtained from the County Treasurer or the
County Treasurer's authorized agent; and
(iii) Information regarding special districts and the boundaries of such districts may be obtained from the
County Commissioners, the County Clerk and Recorder, or the County Assessor.
Note 4: If the sales price of the subject property exceeds $100,000.00, the seller shall be required to comply with the
disclosure or withholding provisions of C.R.S. §39-22-604.5 (Non-resident withholding).
Note 5: Pursuant to C.R.S. § 10-11-123 Notice is hereby given:
(a) If there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the
surface estate then 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 6: Effective September 1, 1997, C.R.S. §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 inch the clerk and recorder may refuse to record or file any document that does not conform.
Note 7: Our Privacy Policy:
We will not reveal nonpublic personal customer information to any external non-affiliated organization unless we
have been authorized by the customer, or are required by law.
Note 8: Records:
Regulation 3-5-1 Section 7 (N) provides that each title entity shall maintain adequate documentation and records
sufficient to show compliance with this regulation and Title 10 of the Colorado Revised Statutes for a period of not
less than seven (7) years, except as otherwise permitted by law.
Note 9: Pursuant Regulation 3-5-1 Section 9 (F) notice is hereby given that "A title entity shall not earn interest on
fiduciary funds unless disclosure is made to all necessary parties to a transaction that interest is or has been earned.
Said disclosure must offer the opportunity to receive payment of any interest earned on such funds beyond any
administrative fees as may be on file with the division. Said disclosure must be clear and conspicuous, and may be
made at any time up to and including closing."
Be advised that the closing agent will or could charge an Administrative Fee for processing such an additional
services request and any resulting payee will also be subjected to a W-9 or other required tax documentation for such
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purpose(s).
Be further advised that, for many transactions, the imposed Administrative Fee associated with such an additional
service may exceed any such interest earned.
Therefore, you may have the right to some of the interest earned over and above the Administrative Fee, if applicable
(e.g., any money over any administrative fees involved in figuring the amounts earned).
Note 10: Pursuant to Regulation 3-5-1 Section 9 (G) notice is hereby given that"Until a title entity receives written
instructions pertaining to the holding of fiduciary funds, in a form agreeable to the title entity, it shall comply with
the following:
1. The title entity shall deposit funds into an escrow, trust, or other fiduciary account and hold them in a
fiduciary capacity.
2. The title entity shall use any funds designated as "earnest money" for the consummation of the transaction
as evidenced by the contract to buy and sell real estate applicable to said transaction, except as otherwise
provided in this section. If the transaction does not close, the title entity shall:
(a) Release the earnest money funds as directed by written instructions signed by both the buyer and seller;
or
(b) If acceptable written instructions are not received, uncontested funds shall be held by the title entity for
180 days from the scheduled date of closing, after which the title entity shall return said funds to the
payor.
3. In the event of any controversy regarding the funds held by the title entity (notwithstanding any termination
of the contract), the title entity shall not be required to take any action unless and until such controversy is
resolved. At its option and discretion, the title entity may:
(a) Await any proceeding; or
(b) Interplead all parties and deposit such funds into a court of competent jurisdiction, and recover court
costs and reasonable attorney and legal fees; or
(c) Deliver written notice to the buyer and seller that unless the title entity receives a copy of a summons
and complaint or claim (between buyer and seller), containing the case number of the lawsuit or
lawsuits, within 120 days of the title entity's written notice delivered to the parties, title entity shall
return the funds to the depositing party."
Note 11: Pursuant to Colorado Division of Insurance Regulation 8-1-3,Section 5, Paragraph C (I 1)(f), a closing
protection letter is available to the consumer.
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Commitment No: 7001094-C
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