2004-10-28_PERMIT FILE - M2004067

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08/18/2004 12:02:091ow LW CONDITIONS File Nc.: 281-H0007240-026-K 1. DEFINffIONS (a) "Mortgage' means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give constructive notice of matters affecting the title according to state law where the land is located. (c) "Land" means the land or condominium unit described in Schedule A and any improvements on the land which aze real property. 2. LATER DEFECTS The Exceptions in Schedule B -Section 2 may be amended ro show any defects, liens or encumbrances that appear for the fast time in public records or are created or attached between the Commitment Dale and the date on which all of the Requirements of Schedule B -Section 1 are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown m Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you acwrding to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABII,TTY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requrements. If we have any liability [o you for any loss you incur because of an error vt this Commitment our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good~faith to: • comply vvith the Requirements shown in Schedule B -Section 1 or • eliminate with om written consent any Exceptions shown in Schedule B -Section 2. We shall not be liable for more than the Policy Amount shovm N Schedule A of this Commitment and our liability is subject to the temu of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms. DISCLOSURES NOTICE TO PROSPECTIVE OWNERS (A STATEMENT MADE AS REQUIRED BY COLORADO INSURANCE REGULATION) GAP PROTECTION When this Company wnducts [he closing and is responsible for recording or filing the legal documents resulting from the Vansactioa, the Company shall be responsible for all matters which appear on the rewrd prior to such time of recording or filing. MECHANIC'S LIEN PROTECTION If you are a buyer of a single family residence you may request mechanic's lien coverage to be issued on your policy of insurance. If the property being purchased has not been the subject of construction, improvements or repay in the last six months prior to the date of this commitment, the requrements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the seller. H the property being purchased was constracted, improved or repaired within six months prior to the date of this commitment, the requirements may involve disclosure of certain fmamcia] infomtation, payment of premiums, and indemnity, among others. The general requirements stated above are subject to the revision and approval of the Company. SPECIAL TAXING DISTRICT NOTICE (A Notice Given In Conformity With Section 10-11.122 C.RS.) The subject land may be located in a special taxing district; a certificate of taxes due listing each taxing jurisdiction shall be obtained from the wunty treasurer or the wunty treasurer's authorized agrnt; and 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 wunty assessor. PRIVACY PROMISE FOR CUSTOMERS We will not reveal nonpublic personal information to any external non-affiliated organization unless we have been authorized by the customeq or aze requved by law. CONSUMER DECLARATION STATEMENT This Commitment for Title Insurance may include a Schedule B exception reference to rewrded evidence that a mineral estate has been severed, leased, or otherwise conveyed~from the surface estate. L`such reference is made, there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothertral energy in the property. The referenced mineral estate may include the right to enter and use the property without the surface owner's permission. You may be able to obtain title insurance wverage regarding any such referenced mineral estate severance and its effect upon your ownership. Ask your title tympany representative for assistance with this issue.