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HomeMy WebLinkAboutWarranty Deed 99- American Bank Deed , WARRANTY DEED GRANTOR: American Bank - Bozeman * GRANTEE: City of Bozeman P.O. Box 1926 d/b/a The Parking Bozeman, MT 59771 Commission of the City of Bozeman P.O. Box 640 *who took title as Anterican Bank Bozeman, M'l' 59771 FOR VALUE RECEIVED, Grantor does hereby grant, bargain, sell, convey and confmTI unto Grantee, and to the survivor of said named tenants, and their assigns, and to the heirs, and assigns of such survivor, the following described premises, in Gallatin County, Montana to-wit: Lots 14 and 15 and the West 26,75 feet off of Lot 16, all in Block "A" of Tracy's first Addition to the City of Bozeman, County of Gallatin, State of Montana, according to the official plat thereof on file and or record in the office of the County Clerk and Recorder, Gallatin County, Montana. (Deed Reference: Book 79, Page 134) THIS CONVEYANCE IS SUBJECT TO '1'1 IE FOLLOWING: (a) Real estate taxes and assessments for 239/365ths of the year 1999 and real estate taxes and assessments for all subsequent years. (b) All patent reservations and exceptions contained in record chain of title, and all easements, including easements for roads and ditches, now of record or apparent from a physical examination and inspection of the premises. (c) All outstanding interests and reservations pertaining to metals, oil, gas, coal, stone and other minerals, mineral rights, mining rights, water rights, claims or title to water, if any. (d) Questions of encroachments, overlaps or boundary dependent upon actual survey [<Jr determination, (e) Federal, State and local laws and regulations affecting this property, including zoning and land use regulations affecting the premises, if any. (f) Liens, easements, assessments, taxes, covenants, certificates, restrictions, agreements and encumbrances of record, assessed against the above-described property, or apparent hom an inspection of the property; TO HAVE AND TO HOLD, all the above-described premises unto Grantee, and to the heirs and assigns of the survivor of said named joint tenants forever, together with all tenements, hereditarnents and appurtenances thereto belonging or appertaining, and any reversion or rernainder. The Grantor, and its successors and assigns, does hereby covenant that it will forever warrant and defend all right, title and interest in and to the said premises and the quiet and peaceful possession thereof, unto the Grantee, its successors and assigns, DA TED this .A.7til day of August, 1999. GRANTOR: AMERICAN BANK - BOZEMAN, who took title as AllIerican Bank By: A..UL.<"i~7t-- Title: .(~t1d,) / (!I7:)T ________m"" ) ! ' ' . S"T'ATE OF MONTANA ) :ss, County of Gallatin ) On this _2yLday of August, 1999, before me, a notary public in and for said State, personally appeared ~ 0\?~ ' known to me,to be the~~.1 of American Hank, the corporation that executed the ithin instrument, and acknowle ged to me the execution of this document. .:.;.qfr- IN WITNESS WI-1EREOF, I have hereunto set my hand and seal the date first above written. ~', \ I ~ \ 11111. I ; I J: , II I, _(2J~xt::1~ " \-\'" ' U 0 ""'-, -..-',-"- ,~,\' ~\.,<,.,'I;i'I':'~,,~ ....i,..-~. Notary Publi ' for the State of Montana - ",,".." t'\"f . -- IV (-~},E A ,) '..,. : ~e:i~~~l~\t~~~/~--_ : m i::.: ,.'\ '~:\,J ": : . c' \" I' '. . )).- , : '. .. ) : \" ,:,', >" ': : r,:':;;:i 'If: I: \\1"" ! I . , " . i CLOSING INSTRUCTIONS TO SECURITY TITLE COMPANY OF GALLATIN COUNTY DATE: 08/27/99 CLOSING OFFICER: Betty Bos FILE: G991736 SELLER: American Bank BUYER: City of Bozeman d/b/a The Parking Commission of the City of Bozeman The Seller and Buyer listed hereinabove, employ SECURITY TITLE COMPANY OF GALI,ATIN COUNTY, a Montana Corporation to act as Closing Agent in connection with a sale by Seller to Buyer based upon the terms and conditions to follow herein. The property herein referred to is situated in Gallatin County, Montana, and is described as follows to wit: Lots 14 and 15 and the West 26.75 feet off of Lot 16, all in Block IIAlI of Tracy's First Addition to the City of Bozeman, County of Gallatin, State of Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana. (Deed Reference: Book 79, Page 134) The transaction to which the Seller and Buyer have entered into is controlled by an Earnest Money Receipt and Agreement to Sell and Purchase or similar contractual document dated: August 1999_ SECURITY TITLE COMPANY OF GALLATIN COUNTY is hereby instructed to carry forth the terms of said agreement which are more specifically set forth here below: GENERAL INSTRUCTIONS: l. The Total Sales Price to be paid by Buyer is: $210,000_00 2. The Closing fee charged by closing agent is to be paid by: Seller 3, The Owner's Title Insurance Fees are to be paid by: Seller 4. The recording fees are to be paid as follows: a) Seller 5. The Attorney's Fees are to be paid To: Stephen M. Barrett By: Seller - POC 6. Date of Proration shall be: 08/27/99 The Following are to be prorated: a) 1999 Gallatin County real property taxes b) 1999/2000 City of Bozeman special assessments 7. Buyer and Seller acknowledge receipt of a copy of the preliminary Commitment for Title InSUrance, G991736. The closing agent shall cause the following exceptions as set forth in said commitment to be cleared from the public record: NONE /~.- I\t:CUQfrY TITLE-COMPANY '" J~ ur C^I.I.^T1N ('OUN'J'Y r....:: --"":_u_~~ 406/586131';-~- -- 600 ,~ nLl, ^v,~, [)a;;!. Ollie" I)ox 18;0 I)OZelillill, MOil!.""" '19'171-6'/;0 "Title [lecol'd.!\ Mailll lIilltyl (>,in('(' lKhl)" . , . 8. The parties also acknowledge that Security Title Company of Gallatin County is not responsible for, the transfer of any water, or water rights. 9, The Seller hereby guarantees to Security Title Company of Gallatin County that there are no other liens and encumbrances or other debts against the subject property other than those disclosed in the Preliminary Commitment for Title Insurance, G991736, to which the Seller has knowledge. 10. The closing agent shall disburse all monies received in a timely manner after all documents have been properly executed, recorded and all closing costs are paid in full. The disbursement of monies is to be shown on a separate disbursement schedule prepared by the closing agent in regards to this transaction. II. The closing agent reserves the right to amend the disbursement schedule to reflect any changes in payoff figures, prorations, etc. should the actual date of disbursement be other than anticipated. SPECIAL INSTRUCTIONS The Buyer is paying cash to complete the purchase transaction. NOTE: SECURITY TITLE COMPANY OF GALLATIN COUNTY, assumes no responsibility or liability for the condition of the subject real property at the time of closing nor does SECURITY TITLE COMPANY OF GALLATIN COUNTY, guarantee the condition or existence of any furniture, fixtures, appliances or improvements to the property which is being transferred by this sale. Sellers and Buyers hereby acknowledge that all contingencies and conditions of the Buy/sell Agreement and any Addendums, thereto, have been either satisfied or negotiated outside of closing. NOTE: Many companies as well as governmental agencies over which the Security Title Company of Gallatin County has no control are often needed to provide critical information or services to consummate real estate transactions. These companies or agencies may not be prepared for the "Year 2000" and related data processing errors (commonly known as "Y2K") in their computer systems. The purpose of this note is to advise you as our customer that if the companies or governmental agencies involved in this transaction are not Y2K compliant, there may be delays in consummating your transaction. Please consider this potential issue as part of your planning for closing this transaction. This Note is for information purposes only and it will not be carried over into any title policy and will not be construed in any way to modify or limit any policy which is issued pursuant to this Commitment. , [~....- I "t:CUQITY 'l'l'nl: ~OMPANYl. J . ()t' C^LL^'I'IN COUNTY r-': -'----,--'~/ 406/5~(:1)J9" 600 ,'I, 19th ^ve, PCltl Olliee I~ox (/;50 !)()7,(cmnn, NUlIlall" 59771-6';')0 "Tii.lc D('~('(",,--j,!\ Mlliril,llillt~d ,"irk": 1[\(/)" .. A BUYER, ~ ~-+- - City of Bozeman d/b/a The parking Commission of the City of Bozeman Buyer's Mailing Address After Closing; '-III 6., N:,,~"',\,"'.::::. \" c:::.;:>z. ~'N \ 7'-X. \"" -- , /.-~---~ ~I'CUQITY TITLE CO:PANY" ~I 01' CMI.^'I'IN ('()I)N'I'Y . - '~"- 406/586,\)19"- -- 60ll (~Il)!h Ave, Po;;IOllh,: I\ox 6550 !iozelllull, MOil! '"Hl ';l)771-6550 "TiLle 1:J<:TOlctl\ Mflint,',li[k,,1 ,~iIlCC 1R(-{( . .. REAL ESTATE TAX AGREEMENT Order No. ; G99l736 Property Address; Lots 14,15 & W 26.75' of 16 Blk A, Tracy's 1st, Bozeman MT Gallatin County real property taxes are based on a calendar year beginning January 1 and ending December 31. The tax statements are made available by the County Treasurer by November and are payable in two installments. The first installment is due no later than November 30, and delinquent as of December 1; and the second installment is due no later than May 31 of the following year and delinquent as of June 1 of that year. The tax statement will remain in the name of the seller until records are changed after January 1 of the year following the sale. It is the responsibility of the purchaser to obtain the tax statement for the year the property is purchased from the seller or from the Gallatin County Treasurer's Office. Taxes have been prorated on an estimate based on the best available information date of closing, which in the above transaction is; Based On; 1998 taxes Amount; $1,031.15 Parcel No; RGH5231 SECURITY TITLE COMPANY OF GALLATIN COUNTY, ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE ACTUAL TAX LEVIED BY THE GALLATIN COUNTY TREASURER and presented to the property owner through issuance of a tax statement. If it becomes necessary to adjust overstated or understated prorations when the actual current year's taxes are computed or billed, seller and buyer agree to cooperate in re-prorating the actual taxes due. Further, both parties agree to settle the necessary adjust- ments within six (6 ) months from the date the actual taxes are computed or billed. Said adjustments must take place outside of Security Title Company of Gallatin County, Escrow Closing Number G991736 ~ ~ L LJj N\.~N~brf;..e.. CG.~ \.{ :~l~'-N.. BUYER; City of Bozeman d/b/a BUYER; Parking Commissio~ of the City l'-) bt~ M _ 17Z~~SELLER; .. This agreement executed on; August 27, 1999 ) ',..,', ~--~- - ,~ECUQlTY 'l'1'1'1'1;~OMP^NY H_j or C^I,I,^TIN CUUNTY . - '~~~58('-;)I,) --, -=-- 600 lV" 19th IlVe. Po.~l OlIice I\o}. 6'H) I)o;:cmnil, ~l(lllltllltl 59'/'11-6':;')0 "Tit.lc r.k"cJI\il; M',lirill1illcd ,l)ill(Y' l,%C)" REALTY TRANSFER CERTIFICATE , - - . GEO - - CONFIDENTIAL CODE: - - - - Montana law requires this form and may impose up to a $500 penalty fo~ ASSESSMENT CODE failure to file a Realty Transfer Certificate (15-7-304, 305 and 310, MqA), The Appraisal/Assessment Office can not change the names on ownership records used for the assessment and taxation of real property unless this form is fully and accurately completed and signed, Present the completed Realty Transfer Certificate to the Clerk & Recorder when recording an instrument or deed evidencing a transfer of real estate, l~RRT"; ":i~'Q#:rn'tQ'~fiime"I~I!~"illilli~\1trri,3I~g~;':'1~fll~f~tt",~xactJV,ill~,ttlj,yi';t''I'''iear on"th~'ltransfer'~fqWn~r(ihip): """'"i"'"'''''''~:!ILill)",-",,,,,''_k ',' ili""",..,..ML .ju1!:"~"".,,,J:!rll"'''''''i'''"'"''i'''''''",''i''iiii'''iii'i",iidi,.."",i,.. "" '" .,..i ,,"""""iiiPP , ,"" """",",'. ,',',",' ,"',",1' ,,"",,,,,",,,, ','" ,,,,,,,,i Seller - Enter grantor's complete name and mailing address, including city, state and ZIP. ~ Am~Eican Bank - Bozeman "- .~~~ - ~~~. -._.,-~ -,.~ Social Security # or Federal 10 # P.O. Box 1926 587-1234 r'~,.'~ - - Daytime Phone # ~_eman , MT 59771 -- ~- .,,- ~"'._-~ .~,..,,~ ~.,.,,~ Buyer - Enter grantee's complete name and assessment notice mailing address, including city, state and ZIP. ~ The Ci t Y of Bozeman d/b/a The Parking Commission of__the Ci~X of Bozeman ,-- Social Security # or Federal 10 II P.O.. Box 640 ---.28.2-2300 ~,..%,. M'_" ~._-~ ~- - MT 59771 Daytime Phone # Bozeman, "" _..~..~ I ',"',' .,,"~!I"(H:"''''' ',""AH"H"'dV" ",,)"vvv+:"""',..,,',,:"'"iWNi't ",".,',' ,"""0'''' " ...,'...',., "'," ',VI "'+?'" ," """'.,' .,..,"{",' '" ",' """.' ...','," ' , ~~,IiT:,~:,:J;~~"~grJelIO[LRtJltgp,~.ny,>~::.!t~e~gIIR.1Hitg2!~'.toql~n9l~.Y",RI!U~~~fJ:lttachJI.(i~parate Legal Description: -'..~ -.., .._-~,,- , ,,__ Allachment <<K Add/Sub -,- Block ___ --,- Lot_ _.,,~ -, County City/Town __ ~"~- Section__._ Township____"__Range "" 1':"?'"Ih".".' "'T"',"',',;"',',"",,,',''''''',''..','. .'."'.',"'" " "" ",.,"""".""""...,'", ',"'.."'".,"""""",,'" ",' ""., ,',", .,'" ,""'.,,',.""'..',",",' ", ""'1'.,' lEAaTrfl"~]~,tal].1,Qrl~[~.Dl@i,n$iiI,~~,ft,mR.l."fI2nt.~,;pc:it:lIng ,~ale .",lnfqrmiltIO~:,2~,<<;;iluse:::'I( ~heck ()nJYi'.O nell,,:,:,,:;,'; 0 Property is agricultural land which will remain in that use, 0 Transfer is a gift. 0 Purchaser is U. S" State, or other governmental agency, 0 Transfer is between husband and wife or parent 0 Transfer is to correct, modify or supplement a previously recorde(j and child with nominal actual consideration, instrument. NO ADDITIONAL CONSIDERATION IS MADE. 0 Purchaser and seller are identical parties_ 0 Transfer is pursuant to a court decree, 0 Transfer is pursuant to (jeliquent taxes, sheriff 0 Transfer is pursuant to a merger, consolidation or reorganizaton sale, bankruptcy or foreclosure. of a business entity, 0 Transfer is made in contemplation of death 0 Transfer is from a subsidiary to a parent corporation without without actual consideration, actual consideration. Instrument does not transfer realty: 0 Transfer is pursuant to a decedent's estate. o Mineral interest, lease or royalty 0 Other (Specify Type) - ,~~- o Assignment of interest as collateral ;ft~f1~:.~'L~:~~I~lr!nf~bn':~ti9,n~.::M~~tl~~<gc?m,'eI!it~glJnle~i~:.,~xernpl,!.I1;'P~tf:1,,'i:;grepa',r~r rl1a'l""atta~,b",coPY.'9(PHY/s~It:~.~reel1le'h~. Actual Sale Price: $ 210, 000 . 00 ~~--.~. Was an SID payoff included in the sale price? 0 Yes .@ No Financing: ~ Cash o FHA OVA o Conv o Contract o Other Did the buyer assume an SID? 0 Yes ~ No Terms: o New Loan or o Assumption of Existing Loan Amount of SID paid or assumed: $ ____m'____ Value of personal property inctuded in sale: $ _m__~____ Was a mobile home included in the sale? DYes W No l'~ABI6,:~,Wi\~tJ~IgtiliPi~:~jg~yt~~~1tbB~9YlB~,C.E}Y;.'bAW,..S'i(ghecK':'OnJv" ()6fit )', For questions concerning this disclosure of Water Rights, you may want to seek legal advice, o Grantor property has water rights and all water rights transfer. o Grantor property has water rights but seller has reserved them so no water rights transfer. Q Grantor property has water rights but not all water rights transfer. o Grantor property has no water rights of record with the Department of Natural Resources & Conservation. (See important information on reverse side pink copy) I declare I have examined the above water right disclosure information and it is true and correct. After closing, a copy of the signed disclosure will be provided to the buyer. Grantor (seller) signature ~__ ""~~--".~. ~~~'.'._-_._-~..,,- "..-----."-.--.""..---"'..-- pr~rty transaction is exempt from the disclosure because: Property is served only by a public service water supply, (No signature required.) o Deed was in escrow prior to January 1, 1998. (No signature required.) To UPDATE WATER RIGHT OWNERSHIP, COMPLETE THE WATFR RIGH) TRANSFER CERTIFICATE ON THE PINK COpy OF TlilS DOCUMENT, A $50,00 FINE CAN BE IMPOSED FOR FAILURE TO FILE A WRTe, IF AWLJIRED, f~B.nZ~I~I[iBilrf!,~1~unIJ!.qbJ~~1'~~,~~il:;.rJ:tjl,;~"r;:1ty'P~i.igir~R~t~r;"':'$19.,na~P r~AI,!::.lr~qu.!,r~d NamelTitle StePl:en M.. Barrett / Att<.?rney..~_ _'_-~----",._.,-_.,---- Mailing Address---2l7 South 22nd Ave Ste 8, l}ozeman, ~T 59718 ___ _'-_ Signatu,e i~T ~ Daytime Phone' _ 406c586o 1551-:== Clerk & Recorder Use Only Type of Instrument: Recording Information: o Warranty 0 Trust Deed o Quit Claim 0 Interest Document # o Grant 0 Notice of Purchaser's Interest .---~-._-.,'-- o Contract For Deed o Assignment of Mineral Rights or Royalty Book _.___PagG_______ o Bargain & Sale Deed o Statement of Acknowledgment o Decree o Termination of Joint Tenancy Date o Tax Deed 0__ __ _ft.~_,._,.,..__,..__ "~,.~_._~~- 98RTC . Revised 4/98 Appraisal/Assessment Office Copy . EXHIBIT "A" Lots 14 and 15 and the West 26.75 feet 01'1'01' Lot 16, all in Block "A" of Tracy's First Addition to the City of Bozeman, County of Gallatin, State of Montana, according t() the official plat thereof on file and or record in the office of the County Clerk and Recorder, Gallatin County, Montana, (Deed Reference: Book 79, Page 134) , . ! . . BUYERS SETTLEMENT STATEMENT Buyer: City of Bozeman d/b/a Parking Commission of the City of Bozeman Seller: American Bank Property Lots 14,15 & W 26.75' of 16 Address: Blk A, Tracy's 1st, Bozeman MT Order Number: G991736 Settlement Date: 08/27/99 Expenses Credits Purchase Price 210,000.00 County taxes from 01/01/99 to 08/27/99 672.37 City Asmts from 07/01/99 to 08/27/99 30.34 Sub~totals 210,000.00 702.71 Balance due from Buyer 209,297.29 The undersigned acknowledges receipt of this disclosure settlement statement and agrees to the correctness thereof. Approved by: ~ Parking Commission of the City Ci Y of Bozeman d/b/a of Bozeman (I F / N ttL " ~~ A, ~~1~ /~---""""" ,~I:C1JQl'I'Y TITLE COMPANY-. ~I 01. C^LL^TIN l'OUNTY . - ~ 406/586U19 ",c_e- --- 600 ,"19th Ave Po~l Olli~e I)ox 6'5'5l) t)o7.emnn, MOIlI.r,m, '597'11 (ii'5l) "Title r)ccon.ll\ Mllilll.ninrd ,\)ill('C ][\(>9" . . A.SETTLEMENT STATEMENT U.S.DEPARTMENT OF HOUSING SECURITY TITLE COMPANY AND URBAN DEVELOPMENT OF GALLATIN COUNTY 600 South 19th Avenue Bozeman, MT 59718 OMB No. 2502-0265 B. TYPE OF LOAN 1. OFHA 2.0 FmHA 3.0 CONV.UNINS. 6. File Number: 7. Loan Number: 8. Mortgage Insurance Case Number: 4. OVA 5.0 CONV.INS. G991 736 6402798 -" This form is furnished to give you a statement of actual settlement costs. Amounts Raid to and"lOy the C. NOTE: settlement agent are shown. Items marked l(p.O.c~" were paid outside the closing; t ey are shown here for informatIonal purposes and are not included In the totals. ,. D.NAME AND ADDRESS OF BORROWER: E. NAME AND ADDRESS OF SELLER/TAX I.D.No.; F. NAME AND ADDRESS OF LENDER; City of Bozeman d/b/a American Bank Parking Commission of the City American Bank of Bozeman P.O. Box 1926 P.O. Box 640 P.O. Box 1926 Bozeman, MT 59771-1926 Bozeman, MT 59771-0640 Bozeman, MT 59771-1926 f---'- ._~ G.PROPERTY LOCATION: H.SETTLEMENT AGENT: Lots 14,15 & W 26.75' of 16 SECURITY TITLE COMPANY OF GALLATIN COUNTY Blk A, Tracy's 1st, Bozeman MT PLACE OF SETTLEMENT: I.SETTLEMENT DATE: 600 South 19th Avenue 08/27/99 Bozeman, MT 59718 J. SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S 1RANSACTION 100. GROSS AMJUNT DUE FRCM BORROWER: 400. GROSS AMJUNT DUE 10 SELLER: -.. . 101. Contract Sales Price 210,000.00 401. Contract Sales Price - 102. pers?nal property 402. Personal property 103. Settlement charges to borrower (line 1400) 403. ...'"-~ 104. 404. - 105. 405. Adjustments for items paid by seller in advance Adjustments for items paid by seller in advance .,-~.~..'._~- 106. City/town taxes to 406. City/town taxes to ,~-~ 107. County taxes to 407. County taxes to -" 10B. Assessments to 408. Assessments to --. _~.'m 109. 409. '" ,,----'- 110. 410. .- 111 . 411. 112. 412. GROSS AMJUNr DUE ,,-- 120. GROSS AJVDUNT DUE 420. FRCM BORROWER 210,000.00 10 SELLER ". -_..,~ 200. AMOUNTS PAID BY OR IN BEHALF OF BORROWER: 500. REDUCTIONS IN AMOUNT DUE TO SELLER: 201. Deposit or earnest money 501. Excess deposit (see instructions) 202. Principal amount of new loan(s) 160 000.00 502. Settlement charges to seller (line 1400) 203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to .~~--~,..~~~ 204. Prepaid to Lender 504. Payoff of first mortgage loan 205. Earnest Money Deposit 505. Payoff of second mortgageloan ~",.".~, ~.,~'''..,- 206. 506. ., 207. 507. 20B. 50B. ." 209. 509. Adjustments for items unpaid by seller Adjustments for items unpai~.by seller - 210. City/town taxes to 510. City/town taxes to -., 01/01/99 t008 /2 7 j 99 ~._-"~~- 211. County taxes 672.37 511. County taxes to ~~"~~. 212. Assessments to 512. Assessments to ~. 08/27/99 .~y~.~.'.. 213. City Asmts07/01/99 30.34 513. +-~ 214. 514. ., 215. 515. "",,'.,-- 216. 516. 217. 517. --~--~ 21B. 51B. - 219. 519. 220. TOTAL PAID BY /FDR 520. TOTAL REDUCTION AMJUNT '----~ BORROWER 160 702.71 DUE SELLER 300. CASH AT SETTLEMENT FRCM/lO BORROWER 600. CASH AT SETTLEMENT TO /FRCM SEI..LER 301. Gross amount due from borrower (line 120) 210 000.00 601. Gross amount due to seller (line 420) 302. Less amounts paid by/for borrower(line 220) 160,702.71 602. Lessreductionsinamountdueseller(line520 -~,.. 303. CASH ( 0 FRCM) ( 010) BORROWER 49,297.29 603. CASH ( 0 10) (0 FRCM) SELLER ~~~~-~~-- Previous edition is obsolete. HUD-1 (B-B7) RESPA, HB 4305.2 . . . -?- L. SETTLEMENT CHARGES 700. TOTAL SALES/BROKER'S COMMISSION PAID FROM PAID FROM BORROWER'S SELLER'S JQased on orice $ @ %= FUNDS AT FUNDS AT Division of cOlllllission lline 700) as follows; , SETTLEMENT SETTLEMENT 701. $ to , ._~~_._. -- .. 702. $ to 703. cOlllllission oaid at Settlement 704. 800. ITEMS PAYABLE IN CONNECTION WITH LOAN 801. Loan Orioination Fee % 802. Loan Discount % 803. Aooraisal Fee to 804. Credit Report to 805. 806. "~--~, 807. .-. 808. - ...".,~-~._~ 809. .,--_.._-~ 810. -. -_._--_.._,_..,,'-"'..~---" 81L ~ 900. ITEMS REOUIRED BY LENDER TO BE PAID IN ADVANCE 901. Interest from to @$ /dav .. -, 902. Mortoaoe Insurance Premium for months to ~. Hazard Insurance Premium for vears to 904. Flood Insurance Premium for vears to 905. 1000. RESERVES DEPOSITED WITH LENDER 1001. Hazard Insurance months @$ oer month 1002. Mortoaoe Insurance months @$ oer month ~. 1003. City property taxes months @$ ner month .~ ~-~'"'~~~-~ -1QQ4. County prgnerty taxes months @$ oer month ~~ Annual assessments months @$ oer month 1006. Flood insurance months @$ ner month 1007. months @$ oer month 1008. Aaoreoate Ad;ustment -------,-,"', ..,_.._,--,--,.'_._~ 1100. TITLE CHARGES ~---~._~~~~ 1101. Settlement or closino fee to ~ 't_v '1'; t-1". ~ ------- 1102. Abstract or title search to .~-,- 1103. Title examination to ._, 1104. Title insurance binder to ~ _.~~~ 1105. Document oreoaration to 1106. Notarv fees to 1107. Attorney's fees to "' (j ncl udes above i terns numbers; ) 1108. Title insurance to '1'; t-1". r", ~.~,,_.._.. --~-~._'-,_..~--~~_. (includes above items numbers; ) -~,~ ?_~~- 1109. Lender's coveraae $ 160 000 00 40 on .. 1110. Owner's coveraoe $ ?10 nnn nn 487 80 ~., 111L 1112. M'~_'~~..n'~.' . 1113. --- -' '.~-~'--~-~~'~~-- 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES 1201. Recordi no fees; Deed $ 1? n n ;Mortoaoe $ ;Releases $ 1202. City/county tax stamos; Deed $ ;Mortoaoe $ 1203. State tax/stamos; Deed $ ;Mortaaae $ 1204. Record Deed of Trust 't-v'1';1-1", -,~_.. -~~~- .1205. --- -,--~" ~~.~~~.~~.'-~~,~.. "'W 1300. ADDITIONAL SETTLEMENT CHARGES ''',",-,''_._-- -- 1301. Future Release Fee American Bank --- ~"~~~"~,~'-~~~~'. ..~,~""'-~~~--~.~~._- 1302. -- H'",,,, Amerif';,n P,;,nk- .JJp3. COE American Bank ~._...~- ~~..,,,",~_...~~ -~.~~~",~.,~~,~~.'-'",~. 1304. --, ~~~.._- 1305. 1400. TOTAL SETTLEMENT CHARGES(enter on lines 103 Sect J and 502 Sect K) I have carefUlly revi~wed the HUD-1 Settlement Statement and to the best. of my knowledge_and belief it is a true and accurate statem~~, of al receIpts and dIsbursements made on my account or by me In thIS transactIon. I further certify that I have receive a COP\ of the HUD~1 Settlement Statement. ~ =- c~ of Bozeman d/b/a , ti-~ y, ~~ 't--lS"p'N- c:::. L J. 'i ""-A..N I~J:J. E't2:.. Borrowers Parking Commission of the City 1 Sellers The HUD-1 Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused or will cause t~to bedisbursed in accordance wIth this statement. .. ~M X - ;)-;~ C; 5 Se~ent Agent Bet"v Bas Date Warning; It is ~ crime to ~nowingly make false statements,to the Unjted States on this or.any similar form. Penalties upon conVIctIon can Include a fIne and ImprIsonment. For detaIls see; TItle 18 U.S. Code SectIon 1001 and Section 1010. .._-~~,. . . a . , Form No, 1342 (1982) AL n, Plain Language C0mmitment " "", "~'"' ',"';~..:J1I~ml:1fITrr!mmmiTi'i'TTl !i:, . 'II ,TT;::IIT ,111.11:;'!;~lllllil,-,':,m~~c '~~ A M E l{ J ~!~r c '1 '1- -.. First American Title Insurance Company INFORMATION The Title Insurance Commitment is a legal contract between you and the company, It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy. The Company will give you a sample of the Policy form, if you ask. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. TABLE OF CONTENTS Page AGREEMENT TO ISSUE POLICY 1 SCHEDULE A 1. Commitment Date 2 2. Policies to be Issued, Amounts and Proposed Insureds 2 , 3. Interest in the Land and Owner 2 4. Description of the Land 2 SCHEDULE B-1 - Requirements 3 SCHEDULE B-2 - Exceptions 4 CONDITIONS other side of 1 YOU SHOULD RIEAD THE COMMITMENT VlEiFl'f CAfiiEFULLY. If you have any questions about the Commitment, please contact the issuing office. . . .. . f Form No, 1343(1982) ALTA Plain Language Commitment COMMITMENT FOR TITLE INSURANCE ISSUED BY First American Title Insurance Company AGREEMENT TO ISSUE POLICY We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Com- mitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule B-2. The Conditions on the other side of this page 1. This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B. ~ ClIOJRITY TITLE COMPANY or GMJJinll COUjji\' P.O. Box: 6550 Bozeman, Mur'iI;J.fl" 59771 406/586-1319 First American Title Insurance Company BY r?4xt ~PRES]DENT ATTEST/J1~ L ~ SECRETARY BY O?~~"r~RS]GNED Fo= No. 1344-A(1982) ALTA Plain Lan~~aga Commitment SCHEDULE A ,1. Commitment Date: August 9, 1999 Commi tmen t No.: G99-1736 at 7;30 A.M. TO: Leon Royer - American Bank - Bozeman Proposed Insured: To Be Determined 2. Policy or Policies to be issued: Owner's (xx) Standard ( ) Extended Coverage 1402-92 (10-17-92) Mortgagee's ( ) Standard ( ) Extended Coverage 1056-92 (10-17-92) Amount Premium Owner/Purchaser: $ 210,000.00 $ 813.00 Mortgage: $ $ $ $ $ Cancellation Fee (If Applicable) $ 100.00 - 3. A Fee Simple interest in the land described in this Commitment is owned, as of the Commitment date, by: American Bank 4. The land referred to in this Commitment is described as follows: Lots 14 and 15 and the West 26.75 feet off of Lot 16, all in Block ITA" of Tracy's First Addition to the City of Bozeman, County of Gallatin, State of Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana. (Deed Reference: Book 79, Page 134) Page 2 . " Form No. 1344 -Bl (1982) _~TA Plain LanqJage Commitment Commitmen t No.: 8991735 SCHEDULE B - SECTION 1 REQUIREMENTS ,The following requirements must be met: l. Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. 2. Pay us the premiums, fees and charges for_ the policy. 3. Documents satisfactory to us creating the interest in the land and/or mortgage to be insured must be signed, delivered and recorded. 4. You must tell us in writing the name of anyone not referred to in this Commit- ment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. S. If any document in the completion of this transaction is to be executed by an attorney-in-fact, the Power of .<;'t torney form must be submitted for review prior to closing. . . Form No. 1344-B2 (1932) ALTA Plain Language Commitment Commitment No.: G991736 SCHEDULE B - - SECTION 2 EXCEPTIONS . Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. 1. Taxes or assessments which 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. 2. Any facts, rights, interest, 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. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or mat.erial theretofore or hereafter furnished, imposed by law and not shown by the public records. Numbered exceptions 1 THROUGH 6 may be eliminated in an ALTA Extended Coverage Policy. In addition to the herein above standard exceptions, the following exceptions also, apply to the subject real property. 7. Any right, title or interest in any minerals, mineral rights or related matters, including but not limited to oil, gas, coal and other hydrocarbons. 8. General and special taxes and assessments for the year 1999, which are a lien but not yet computed or payable. General and special taxes and assessments for the year 1998; first installment shows paid in the amount of $520.71; second installment shows paid in the amount of $510.44. Parcel No. RGH5231, Tax Receipt No. 5231. 9. Special Assessments levied by the City of Bozeman for Lighting District, District No. 0388. The first installment for the year 1998/99 shows paid in the amount of $44.49, Second installment shows paid in the amount of $44.49. 10, Special Assessments levied by the City of Bozeman for Street Maintenance, District No. 8000. The first installment for the year 1998/99 shows paid in the amount of $44.08. Second installment shows paid in the amount of $44.08. Page 4 , .. Co:rnmi tme::l t No.: G991736 SCHEDULE B - - SECTION 2 EXCEPTIONS CO~~INUED 11. Special Assessments levied by the City of Bozeman for Tree Maintenance, District No. 8001. The first installment for the year 1998/99 shows paid in the amount of $8.58. Second installment shows paid in the amount of $8.57. 12. Assessments which are not shown as existing liens by the records of the City of Bozeman, including but not limited to snow shoveling and sewer assessments. 13. Terms and conditions contained in Ordinance No, 1409. An Ordinance of the City Commission of the City of Bozeman, Montana, Adopting an Urban Renewal Plan for portions of the Downtown Bozeman Area, recorded December 28, 1995 in Film 159, Page 1423, records of Gallatin County, Montana. NOTE: Any Deed Restrictions, Covenant, By-Law, Declaration of Condominium and/or any amendments thereto and/or otherwise as shown herein as an exception which may contain a clause indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the excent that such reference violates 42 USC 3604(c), is hereby deleted as to said reference; no other deletion is hereby intended or implied. NOTE: Many companies as well as governmental agencies over which the Security Title Company of Gallatin County has no control are often needed to provide critical information or services to consummate real estate transactions. These companies or agencies may not be prepared for the "Year 2000" and related data processing errors (commonly known as "Y2K") in their computer systems. The purpose of this note is to advise you as our customer that if the companies or governmental agencies involved in this transaction are not Y2K compliant, there may be delays in consummating your transaction. Please consider this potential issue as part of your planning for closing this transaction. This Note is for information purposes only and it will not be carried over into any title policy and will not be construed in any way to modify or limit any policy which is issued pursuant to this Commitment. NOTE: Copies of documents creating exceptions herein may be obtained upon request. . , . Commitment No.: G991736 SCHEDULE B - - SECTION 2 EXCEPTIONS CONTINUED NOTES: A Realty Transfer Certificate must be submitted before forthcoming instruments of transfer can be placed of record and when property is not served by a public service water supply, a statement concerning transfer or non-transfer of water right must appear thereon. Title is to vest in a person or persons not disclosed and when so vested, will be subject to a search of the records of his or their names. No liability is assumed hereunder until full policy premium is paid, Regulations imposed on the title insurance industry by the Montana State Insurance Commission require that a fee be charged for cancellation. END OF EXCEPTIONS . , . I , I .. . , , , . ~ ~, . . I ';~I"I . , ,.'--1 , ," I 'I I ) l ~ WILLSON AVE.. ~' l'O" , . :;-, ", , .. . ",. I I . ~ ~ !' t: l"I\",~:~. "4Ii" r..f. N . .........,., , . i;: I t. \~ I '. t; " , ,_ . . . y '! <," 5:: ' '. ._..... ' )> I ~ ~':: ,-. ... ;. p'] " . 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