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2018-03 RRI, Lots 25,26,27 Sub Exe.pdfPage 1 Subdivision Exemption TOWN OF SNOWMASS VILLAGE SUBDIVISION EXEMPTION APPLICATION GENERAL DATA REQUIREMENTS Date: January 22, 2018 Name of Owner: Niro Family, LLC Phone: Address: 181 W. Madison #4600, Chicago IL 60602 Name of Applicant (if different than owner): T. Michael Manchester Phone:970-923-4411 Address:16 Kearns Rd. Suite 207 , Snowmass Village, CO 81615 Physical Address of Property: 291-333 Faraway Rd. Snowmass Village, 81615 Legal Description: : Lots 25, 26 and 27 Ridge Run One EXISTING CONDITION INFORMATION Present Zoning: SF30 Present Use: Residential and vacant Lot Area of Individual Subject Lots (sq.ft.):Lot 25 – 31,288sf, Lot 26- 30,268 sf, Lot 27 – 32,438 sf existing Size of Building Envelope(s): See attached Allowable Floor Area Ratio per Zoning or PUD Plan: 0.13 Square Footage of All Areas Calculated as Floor Area by Code: See attached Existing Building Height (if applicable): # of Parking Spaces and Bedrooms (if applicable): # of Units Prior to Condominiumization or Time Share (if applicable): PROPOSAL DATA (Only fill in those that apply) # of Units After Condominiumization or Time Share (if applicable): Lot Area (sq.ft.) of Lot(s) After Building Envelope Adjustment (if applicable): See attached Size of Building Envelope(s) After Adjustment (if applicable): See attached Other: Page 2 Subdivision Exemption AUTHORIZED SUBDIVISION EXEMPTIONS The Town Council shall be authorized to exempt the following activities from the terms of the subdivision regulations: 1. Lot Line Adjustments. Lot line adjustments between previously platted lots. 2. Lot Combinations. Lot combinations of platted lots. 3. Conveying Title. Conveying title and/or fulfilling legal obligations when no development will result thereafter, without subdivision or PUD approval. 4. Condominiumization and Time Share. Condominiumization of a development, or approval of time share estates, (refer to section 5-550 of the Snowmass Village Land Use and Development Code for further information on condominiumization or time share). DESCRIBE YOUR PROPOSED SUBDIVISION EXEMPTION Please see the attached letter outlining the various requests associated with this application. PROVIDE THE FOLLOWING ADDITIONAL INFORMATION 1. Name, Address, Telephone Number and Power of Attorney. The applicant's name, address and telephone number. If the applicant is to be represented by an agent, a letter signed by the applicant granting power of attorney to the agent shall be submitted, authorizing the agent to represent the applicant and stating the representative's name, address and phone number. 2. Disclosure of Ownership. A certificate from a title insurance company or attorney licensed in the State which shall set forth the names of all owners of property included in the application and shall include a list of all mortgages, judgments, liens, contracts, easements or agreements of record that affect the property. At the Town's option, the holders or owners of such mortgages, judgments, liens, contracts, easements or agreements of record may be required to consent to the application before it is acted upon by the Town. 3. Improvements Survey. An improvements survey, showing the location and dimensions of all existing structures, streets, alleys, easements, drainage areas, irrigation ditches, public and private utilities and other significant features within the property. 4. Exemption Plat. The applicant shall submit a proposed exemption plat, which shall contain the applicable information for a final plat, as specified in Section 5-430 (b) of the Code. 5. Vicinity Map. An eight and one-half inch by eleven inch (8 1/2" x 11") vicinity map locating the subject parcel within the Town of Snowmass Village. Page 3 Subdivision Exemption 6. Other Maps. All other maps required for the application shall be prepared at a scale of one inch equals one hundred feet (1" = 100') or larger, on sheets no larger than thirty inches by forty-two inches (30" x 42"), with an unencumbered margin of one and one-half inches (1.5") on the left hand side of the sheet and one-half inch (0.5") around the other three (3) sides of the sheet. Sheets of twenty-four by thirty-six inches (24" x 36") are preferred. If it is necessary to place information on more than one (1) sheet, an index shall be included on the first sheet. Report-size versions of all maps, reduced to a sheet size of no greater than eleven inches by seventeen inches (11" x 17"), shall also be submitted. 7. Base Fee. The application shall be accompanied by the applicable base fee from the Building and Planning Department's fee schedule. The applicant shall reimburse the Town for such amounts in excess of the base fee as determined by the Planning Director. The reimbursement to the Town by the applicant shall be due and payable within fifteen (15) days of the date of billing. 8. Other Information. The applicant shall submit such other written or graphic information as is necessary to describe and evaluate the proposed subdivision exemption. NO APPLICATION WILL BE PROCESSED UNTIL ALL REQUIRED INFORMATION IS PROVIDED. REVIEW STANDARDS An application for a subdivision exemption shall comply with the following standards: 1. Exemption is Necessary. The exemption shall be necessary for the preservation and enjoyment of substantial property rights of the applicant. 2. Consistent With Subdivision. The exemption shall be consistent with the preservation of the goals, objectives and standards of the particular subdivision or land area involved. 3. No New Lots Created. Granting of the exemption shall not create any new lots in any single-family subdivision. 4. Comply With Development Code. The exemption shall comply with the standards of the zoning district in which the property is located and all other applicable standards of this Development Code. With respect to an application for a lot line adjustment, if any of the lots or structures thereon are nonconforming prior to the adjustment, then no adjustment shall be allowed that increases the nonconformity of the lot or structure. 5. No Adverse Impacts. Granting of the exemption shall not be detrimental to the public welfare and shall not affect in a substantially adverse manner the enjoyment of land abutting upon or within the area in which the subject property is situated. 6. Not Increase Total Allowable Floor Area. Granting of the exemption shall not increase the total allowable floor area on a lot or lots affected by the proposed exemption beyond the total allowed without the exemption, and any change in allowable floor area permitted by the exemption within those totals shall be consistent with the surrounding area. 7. Special Circumstances. In the instance where the Town Council is unable to find that an application is consistent with any of the above standards, the exemption may only be granted if the Town Council finds that there are special circumstances or conditions affecting the subject property such that the strict application of these standards would result in undue hardship and deprive the applicant of the reasonable use of the land. Page 4 Subdivision Exemption REASONS FOR REQUESTING THIS SUBDIVISION EXEMPTION 1. Exemption is Necessary: See Attached 2. Consistent with Subdivision: See Attached 3. No New Lots Created: See Attached 4. Comply with Development Code: See Attached 5. No Adverse Impacts: See Attached 6. No Increase in the Total Allowable Floor Area: See attached 7. Special Circumstances: REVIEW PROCEDURE The following procedures shall apply to a subdivision exemption application, (see attached figure: Subdivision Exemption Application Procedures). 1. Pre-Application Conference. Attendance at a pre-application conference is optional, but recommended, prior to submission of an application for subdivision exemption. 2. Submission of Application. The applicant shall submit an application to the Planning Director . 3. Staff Review. Staff review of the application shall be accomplished, as specified in Section 5-510(3) of the Code. Page 5 Subdivision Exemption 4. Town Council Action. A complete copy of the application shall be forwarded to the Town Council, together with a copy of the staff review. The Town Council shall consider all relevant materials and testimony, shall consider whether the application complies with the review standards and shall, by resolution, approve, approve with conditions or deny the application. 5. Recording of Exemption Plat. Within ninety (90) days of the date of approval of the subdivision exemption, the applicant shall submit three (3) mylar copies, suitable for recording, of an exemption plat to the Planning Director. The Planning Director shall review the exemption plat to ensure it complies with the terms and conditions of approval, shall obtain signatures for all of the applicable plat certificates and have the exemption plat recorded SECTION 5-500. SUBDIVISION EXEMPTION A. Exemptions Authorized. The Town Council shall be authorized to exempt the following activities from the terms of the subdivision regulations: 1. Lot Line Adjustments. Lot line adjustments between previously platted lots. 2. Lot Combinations. Lot combinations of platted lots. 3. Conveying Title. Conveying title and/or fulfilling legal obligations when no development will result thereafter, without subdivision or PUD approval. Page 6 Subdivision Exemption 4. Condominiumization and Time Share. Condominiumization of a development, or approval of time share estates. B. Review Procedure. The following procedures shall apply to a subdivision exemption application. These procedures are illustrated in Figure 5-9, Subdivision Exemption Application Procedures. 1. Pre-Application Conference. Attendance at a pre-application conference is optional, but recommended, prior to submission of an application for subdivision exemption. 2. Submission of Application. The applicant shall submit an application to the Planning Director that contains those materials specified in Section 5-520, Application Contents. 3. Staff Review. Staff review of the application shall be accomplished, as specified in Section 5-510(3), Staff Review of application. 4. Town Council Action. A complete copy of the application shall be forwarded to the Town Council, together with a copy of the staff review. The Town Council shall consider all relevant materials and testimony, shall consider whether the application complies with the standards in Section 5-530, Review Standards, and shall, by resolution, approve, approve with conditions, or deny the application. 5. Recording of Exemption Plat. Within ninety (90) days of the date of approval of the subdivision exemption, the applicant shall submit three (3) mylar copies, suitable for recording, of an exemption plat to the Planning Director. The Planning Director shall review the exemption plat to ensure it complies with the terms and conditions of approval, shall obtain signatures for all of the applicable plat certificates, and return the exemption plat to the applicant. The applicant shall thereafter cause the exemption plat to be recorded in the records of the County Clerk and Recorder, at the applicant's expense. C. Application Contents. An application for a subdivision exemption shall contain the following materials: 1. Minimum Contents. The minimum contents for any application, as specified in Section 5- 40(b), Minimum Contents. 2. Improvements Survey. An improvements survey, showing the location and dimensions of all existing structures, streets, alleys, easements, drainage areas, irrigation ditches, public and private utilities and other significant features within the property. 3. Exemption Plat. The applicant shall submit a proposed exemption plat, which shall contain the applicable information for a final plat, as specified in Section 5-430(3), Plat, under Application Contents. 4. Condominium Documents. For an application for condominiumization, the applicant shall also submit proposed condominium documents, including condominium declaration, articles of condominium association, bylaws, maps and all other applicable information as required by the Colorado Common Interest Ownership Act, Section 38-33.3-101 et. seq., C.R.S. The application shall also include a proposal for restricting owner usage and how the units will remain in the short-term rental market, if applicable. D. Review Standards. An application for a subdivision exemption shall comply with the following standards: 1. Exemption is Necessary. The exemption shall be necessary for the preservation and enjoyment of substantial property rights of the applicant. Page 7 Subdivision Exemption 2. Consistent With Subdivision. The exemption shall be consistent with the preservation of the goals, objectives and standards of the particular subdivision or land area involved. 3. No New Lots Created. Granting of the exemption shall not create any new lots in any single-family subdivision. 4. Comply With Development Code. The exemption shall comply with the standards of the zoning district in which the property is located and all other applicable standards of this Development Code. With respect to an application for a lot line adjustment, if any of the lots or structures thereon are nonconforming prior to the adjustment, then no adjustment shall be allowed that increases the nonconformity of the lot or structure. 5. No Adverse Impacts. Granting of the exemption shall not be detrimental to the public welfare and shall not affect in a substantially adverse manner the enjoyment of land abutting upon or within the area in which the subject property is situated. 6. Not Increase Total Allowable Floor Area. Granting of the exemption shall not increase the total allowable floor area on a lot or lots affected by the proposed exemption beyond the total allowed without the exemption, and any change in allowable floor area permitted by the exemption within those totals shall be consistent with the surrounding area. 7. Special Circumstances. In the instance where the Town Council is unable to find that an application is consistent with any of the above standards, the exemption may only be granted if the Town Council finds that there are special circumstances or conditions affecting the subject property such that the strict application of these standards would result in undue hardship and deprive the applicant of the reasonable use of the land. E. Condominium Conversion. A building proposed to be converted into condominiums shall be inspected by the Building Department prior to review of the subdivision exemption request for condominiumization. This inspection shall primarily focus on fire, health and safety conditions and is not necessarily intended to bring old structures to full compliance with new building construction codes. View your transaction progress 24/7 via Stewart Online Ask us about your login today! Stewart Title - Aspen 620 East Hopkins Ave Aspen, CO 81611 Date:April 06, 2017 File Number:01330-95354- Amendment No. C3 Property:291 Faraway Road, Snowmass Village, CO 81615 Please direct all Closing inquiries to: Phone:Fax: Email Address: SELLER: Niro Family LLC Delivery Method: Emailed BUYER: TBD Delivery Method: Emailed LISTING AGENT: Berkshire Hathaway Home Services / Aspen Snowmass Properties 534 E Hopkins Ave Aspen, CO 81611 Contact:BJ Adams Phone: Fax: Email:bj@bhhsaspensnowmass.com Delivery Method: Emailed SELLING AGENT: Delivery Method: Emailed WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. FEEL FREE TO CONTACT THE ESCROW OFFICE AS NOTED ON THIS PAGE TO OBTAIN WIRING INSTRUCTIONS. We Appreciate Your Business and Look Forward to Serving You in the Future. ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by STEWART TITLE 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 six months after the Effective 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 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. Countersigned by: Stewart Title - Aspen 620 East Hopkins Ave Aspen, CO 81611 (970) 925-3577 Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-95354 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. 3.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 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.org/>. 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. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-95354 004-UN ALTA Commitment (6/17/06) COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No.: 01330-95354- Amendment No. C3 1. Effective Date: March 30, 2017, at C2 2. Policy or Policies to be issued:Amount of Insurance (a) ALTA Owner's Policy 2006 (Standard) Proposed Insured: TBD (b) ALTA Loan Policy 2006 (Standard) Proposed Insured: To Be Determined 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the said estate or interest in said land is at the effective date hereof vested in: Niro Family, LLC, a Colorado limited liability company 5. The land referred to in this Commitment is described as follows: Lot 26, RIDGE RUN UNIT ONE, according to the Plat thereof recorded December 21, 1968 in Plat Book 3 at Page 281 as Reception No.129561. COUNTY OF PITKIN, STATE OF COLORADO Purported Address: 291 Faraway Road Snowmass Village, CO 81615 STATEMENT OF CHARGES These charges are due and payable before a policy can be issued TBD $300.00 Copyright 2006-2009 American Land Title Association. All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land Title Association.File No. 01330-95354 CO STG ALTA Commitment Sch A STO Page 1 of 1 STEWART TITLE GUARANTY COMPANY File No.: 01330-95354- Amendment No. C3 The following are the requirements to be complied with: 1. 2. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. 4. 5. 6. 7. 8. 9. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment. Payment of any and all Homeowners assessments and expenses which may be assessed to the property. Execution of an acceptable survey affidavit certifying that there have been no new improvements constructed or major structural changes made on the subject property. NOTE: If improvements have been made on, or in connection with, the subject property, please notify the Company's escrow officer within 10 days of receipt of this title commitment. Evidence satisfactory to Stewart Title of Colorado, Inc., furnished by the Office of the Town Manager, Town of Snowmass Village, that the real estate transfer tax, pursuant to Town Council Ordinance No. 5 (Series of 1986), has been paid, or that conveyance is exempt from said tax. Relating to Niro Family LLC, The Company requires for its review the following: a) Copy of the "Articles of Organization", the Operating Agreement and the regulations of the limited liability company and any amendments thereof b) A certificate of good standing, evidencing that the company is in good standing in the state of its formation c) Execution and recordation of Statement of Authority pursuant to the provisions of Section 38-30-172 C.R.S. Note: At the time the Company is furnished these items, the Company may make additional requirements or exceptions. Deed from vested owner(s) vesting fee simple title in the purchaser(s). NOTE: Notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording of deeds CRS 38-35-109 (2). NOTE: The vesting deed is shown as follows: Warranty Deed recorded September 12, 2008 as Reception No. 552848. 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 COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I Copyright 2006-2009 American Land Title Association. All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land Title Association.File No. 01330-95354 CO STG ALTA Commitment Sch B I Page 1 of 2 STEWART TITLE GUARANTY COMPANY Company’s sole liability for any error(s) relating to this product is limited to the amount that was paid for this product. COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I Copyright 2006-2009 American Land Title Association. All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land Title Association.File No. 01330-95354 CO STG ALTA Commitment Sch B I Page 2 of 2 STEWART TITLE GUARANTY COMPANY File No.: 01330-95354- Amendment No. C3 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: 1. 2. 3. 4. 5. 6. 7. Rights or claims of parties in possession, not shown by the public records. Easements, or claims of easements, not shown by the public records. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. Water rights, claims or title to water. 8. 9. 10. 11. 12. 13. 14. Any and all unpaid taxes and assessments and any unredeemed tax sales. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. Right of way for ditches and canals constructed under the authority of the United States, as reserved in United States Patent recorded July 10, 1895 in Book 55 at Page 59. Master Declaration of Protective Covenants for Snowmass-at-Aspen Residential Areas recorded December 30, 1966 in Book 225 at Page 6, as amended by First Amendments to Master Declaration for Snowmass-at-Aspen Residential Areas recorded May 26, 1967 in Book 227 at Page 124, and as contained in Supplemental Declaration for Ridge Run Unit One, Snowmass-at-Aspen Residential Areas recorded February 19, 1968 in Book 233 at Page 284, as amended by First Amendments to Supplemental Declaration for Ridge Run Unit One Snowmass-at-Aspen Residential Areas recorded January 3, 1969 in Book 238 at Page 800 and as amended in Second Amendments to Master Declaration of Protective Covenants for Snowmass-at-Aspen Residential Areas recorded June 19 1970 in Book 249 at Page 58. All matters as shown and reserved on the Plat of the subject property recorded December 21, 1968 in Plat Book 3 at Page 281. Set-back restrictions as provided in Plat of set-backs, recorded December 18 1967 in Plat Book 3 at Page 297. All oil, gas and other minerals of any nature whatsoever in, on or under the subject property and all water rights associated with or appurtenant thereto as reserved in deed recorded May 15, 1968 in Book 239 at Page 38, with the limitation that there shall be no right to enter upon the surface of the subject property for the purpose of removing such minerals or for any other purpose in connection with such reservation. COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II Copyright 2006-2009 American Land Title Association. All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land Title Association.File No. 01330-95354 CO STG ALTA Commitment Sch B II STO Page 1 of 2 STEWART TITLE GUARANTY COMPANY 15. 16. 17. 18. 19. Terms, conditions and obligations as set forth in Town of Snowmass Village Ordinance No. 10 (Series of 1987) rezoning certain land within Snowmass Village, recorded September 14, 1988 in Book 573 at Page 205 as Reception No. 303864. Notice of Change recorded June 21, 1995 in Book 784 at Page 40 as Reception No. 382369. Administrative Variance recorded June 26, 1997 as Reception No. 405765. Any rights, easements, interests or claims that may exist by reason of or reflected by the following facts shown on the survey dated April 06, 2017 by Peak Surveying: Encroachment of Stone Patio, Oven and Fire Pit into Lot 25, Ridge Run, Unit One Portions of Stone Patio and Oven located in 6' Drainage and Utility Easement and 5' Construction and Maintenance Easement Concrete Driveway, Stairway and Stone Walk located in 6' Drainage and Utility Easement and 5' Construction and Maintenance Easement Portions of Multi Level Wood and Stone Frame House, Stairway, Stone Walk and Stone Patio built outside of building envelope Concrete Driveway Access to subject property encroaches onto Lot 27, Ridge Run, Unit One Any and all existing leases and tenancies COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II Copyright 2006-2009 American Land Title Association. All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land Title Association.File No. 01330-95354 CO STG ALTA Commitment Sch B II STO Page 2 of 2 STEWART TITLE GUARANTY COMPANY DISCLOSURES File No.: 01330-95354 Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. B. C. THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER’S AUTHORIZED AGENT; 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 8-2-2, 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 - Aspen 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 Policy when issued. Note: Affirmative Mechanic’s Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner’s Policy to be issued) upon compliance with the following conditions: A. B. C. D. E. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic’s and Materialmen’s Liens. The Company must receive payment of the appropriate premium. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of 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. b. 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 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. x 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. File No.: 01330-95354 CO Commitment Disclosure Revised 1/1/17 STG 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 youßßrequest insurance-related services provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit?Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No.: 01330-95354 Page 1 Revised 11-19-2013 View your transaction progress 24/7 via Stewart Online Ask us about your login today! Stewart Title - Aspen 620 East Hopkins Ave Aspen, CO 81611 Date:May 05, 2017 File Number:01330-95356- Amendment No. C4 Property:333 Faraway Road, Snowmass Village, CO 81615 Please direct all Closing inquiries to: Phone:Fax: Email Address: SELLER: Niro Family LLC Delivery Method: Emailed BUYER: TBD Delivery Method: Emailed LISTING AGENT: Berkshire Hathaway Home Services / Aspen Snowmass Properties 534 E Hopkins Ave Aspen, CO 81611 Contact:BJ Adams Phone: Fax: Email:bj@bhhsaspensnowmass.com Delivery Method: Emailed SELLING AGENT: Delivery Method: Emailed WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. FEEL FREE TO CONTACT THE ESCROW OFFICE AS NOTED ON THIS PAGE TO OBTAIN WIRING INSTRUCTIONS. We Appreciate Your Business and Look Forward to Serving You in the Future. ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by STEWART TITLE 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 six months after the Effective 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 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. Countersigned by: Stewart Title - Aspen 620 East Hopkins Ave Aspen, CO 81611 (970) 925-3577 Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-95356 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. 3.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 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.org/>. 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. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-95356 004-UN ALTA Commitment (6/17/06) COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No.: 01330-95356- Amendment No. C4 1. Effective Date: May 04, 2017, at C4 2. Policy or Policies to be issued:Amount of Insurance (a) ALTA Owner's Policy 2006 (Standard) Proposed Insured: TBD (b) ALTA Loan Policy 2006 (Standard) Proposed Insured: To Be Determined 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the said estate or interest in said land is at the effective date hereof vested in: Niro Family, LLC, a Colorado limited liability company 5. The land referred to in this Commitment is described as follows: Lot 27, RIDGE RUN UNIT ONE, according to the Plat thereof recorded December 21, 1968 in Plat Book 3 at Page 281 as Reception No. 129561. COUNTY OF PITKIN, STATE OF COLORADO Purported Address: 333 Faraway Road Snowmass Village, CO 81615 STATEMENT OF CHARGES These charges are due and payable before a policy can be issued TBD $300.00 Copyright 2006-2009 American Land Title Association. All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land Title Association.File No. 01330-95356 CO STG ALTA Commitment Sch A STO Page 1 of 1 STEWART TITLE GUARANTY COMPANY File No.: 01330-95356- Amendment No. C4 The following are the requirements to be complied with: 1. 2. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. 4. 5. 6. 7. 8. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment. Payment of any and all Homeowners assessments and expenses which may be assessed to the property. Evidence satisfactory to Stewart Title of Colorado, Inc., furnished by the Office of the Town Manager, Town of Snowmass Village, that the real estate transfer tax, pursuant to Town Council Ordinance No. 5 (Series of 1986), has been paid, or that conveyance is exempt from said tax. Relating to Niro Family LLC, The Company requires for its review the following: a) Copy of the "Articles of Organization", the Operating Agreement and the regulations of the limited liability company and any amendments thereof b) A certificate of good standing, evidencing that the company is in good standing in the state of its formation c) Execution and recordation of Statement of Authority pursuant to the provisions of Section 38-30-172 C.R.S. Note: At the time the Company is furnished these items, the Company may make additional requirements or exceptions. Deed from vested owner(s) vesting fee simple title in the purchaser(s). NOTE: Notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording of deeds CRS 38-35-109 (2). NOTE: The vesting deed is shown as follows: Warranty Deed recorded June 1, 2009 as Reception No. 559517. 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. COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I Copyright 2006-2009 American Land Title Association. All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land Title Association.File No. 01330-95356 CO STG ALTA Commitment Sch B I Page 1 of 1 STEWART TITLE GUARANTY COMPANY File No.: 01330-95356- Amendment No. C4 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: 1. 2. 3. 4. 5. 6. 7. Rights or claims of parties in possession, not shown by the public records. Easements, or claims of easements, not shown by the public records. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. Water rights, claims or title to water. 8. 9. 10. 11. 12. 13. 14. Any and all unpaid taxes and assessments and any unredeemed tax sales. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. Right of way for ditches and canals constructed under the authority of the United States, as reserved in United States Patent recorded July 10, 1895 in Book 55 at Page 59. Master Declaration of Protective Covenants for Snowmass-at-Aspen Residential Areas recorded December 30, 1966 in Book 225 at Page 6, as amended by First Amendments to Master Declaration for Snowmass-at-Aspen Residential Areas recorded May 26, 1967 in Book 227 at Page 124, and as contained in Supplemental Declaration for Ridge Run Unit One, Snowmass-at-Aspen Residential Areas recorded February 19, 1968 in Book 233 at Page 284, as amended by First Amendments to Supplemental Declaration for Ridge Run Unit One Snowmass-at-Aspen Residential Areas recorded January 3, 1969 in Book 238 at Page 800 and as amended in Second Amendments to Master Declaration of Protective Covenants for Snowmass-at-Aspen Residential Areas recorded June 19 1970 in Book 249 at Page 58. All matters as shown and reserved on the Plat of the subject property recorded December 21, 1968 in Plat Book 3 at Page 281. Set-back restrictions as provided in Plat of set-backs, recorded December 18 1967 in Plat Book 3 at Page 297. All oil, gas and other minerals of any nature whatsoever in, on or under the subject property and all water rights associated with or appurtenant thereto as reserved in deed recorded December 02, 1969 in Book 244 at Page 773, with the limitation that there shall be no right to enter upon the surface of the subject property for the purpose of removing such minerals or for any other purpose in connection with such reservation. COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II Copyright 2006-2009 American Land Title Association. All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land Title Association.File No. 01330-95356 CO STG ALTA Commitment Sch B II STO Page 1 of 2 STEWART TITLE GUARANTY COMPANY 15. 16. 17. 18. 19. Terms, conditions and obligations as set forth in Town of Snowmass Village Ordinance No. 10 (Series of 1987) rezoning certain land within Snowmass Village, recorded September 14, 1988 in Book 573 at Page 205 as Reception No. 303864. Certificate and Agreement recorded December 29, 1977 in Book 341 at Page 178. Covenant regarding Use, Restrictions against sale and Right to Purchase recorded April 2, 1997 as Reception No. 403051. Any rights, easements, interests or claims that may exist by reason of or reflected by the following facts shown on the survey dated April 06, 2017 by Peak Surveying Inc.: Concrete Driveway, Stairway, Stone Walk, Stone Wall located in 5' Construction and Maintenance Easement and 6' Drainage and Utility Easement Stone Wall, Stairway, Stone Walk built outside of building envelope Any and all existing leases and tenancies COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II Copyright 2006-2009 American Land Title Association. All rights reserved.The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.All other uses are prohibited. Reprinted under license from the American Land Title Association.File No. 01330-95356 CO STG ALTA Commitment Sch B II STO Page 2 of 2 STEWART TITLE GUARANTY COMPANY DISCLOSURES File No.: 01330-95356 Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. B. C. THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER’S AUTHORIZED AGENT; 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 8-2-2, 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 - Aspen 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 Policy when issued. Note: Affirmative Mechanic’s Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner’s Policy to be issued) upon compliance with the following conditions: A. B. C. D. E. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic’s and Materialmen’s Liens. The Company must receive payment of the appropriate premium. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of 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. b. 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 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. x 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. File No.: 01330-95356 CO Commitment Disclosure Revised 1/1/17 STG 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 youßßrequest insurance-related services provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit?Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No.: 01330-95356 Page 1 Revised 11-19-2013