HomeMy WebLinkAbout19- Title Insurance Policy - Private Open Space 1 of Oak Springs Sub Ph 4, Bozeman, MT 59718This page is only a part of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment
to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I- Requirements; and Schedule B, Part II – Exceptions.
Montana Title & Escrow, Inc.
Policy Issuing Agent for Westcor Land Title Insurance Company
Commitment for Title Insurance
Issued by
Westcor Land Title Insurance Company
subject to conditions and
stipulations as set forth herein
Thank you for choosing
Montana Title & Escrow, Inc.
As Your Title Company
Contact Information:
1925 N. 22nd Avenue
Suite 102
Bozeman, MT 59718
Phone:(406) 587-7702
Fax:(406) 587-2891
This page is only a part of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment
to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I- Requirements; and Schedule B, Part II – Exceptions.
Montana Title & Escrow, Inc.
Policy Issuing Agent for Westcor Land Title Insurance Company
Montana Title & Escrow, Inc.
COMMITMENT
Commitment Issued By:
Order Number: M-24756
Montana Title & Escrow, Inc.
1925 N. 22nd Avenue, Suite 102
Suite 102
Bozeman, MT 59718
Escrow Officer:Candace Elser
Phone:(406)587-7702
Fax:(406) 587-2891
Escrow Officer Email:celser@montanatitle.com
Email Loan Docs To:7001edocs@montanatitle.com
Customer Reference:
Property Address:Private Open Space #1 of Oak Springs Sub Ph 4, Bozeman, MT
59718
Title Officer:Rick Schultz
Title Officer Email:rschultz@mlhc.com
EXPLANATION OF CHARGES
2006 ALTA Standard Owners Policy $175.00TBD
Total Estimated Charges: $175.00TBD
This page is only a part of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment
to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I- Requirements; and Schedule B, Part II – Exceptions.
Montana Title & Escrow, Inc.
Policy Issuing Agent for Westcor Land Title Insurance Company
In an effort to assure that your transaction goes smoothly, please review the following
checklist and contact your escrow officer or title officer if you answer "Yes" to any of the
following questions:
●●Will you be using a Power of Attorney?
●●Are any of the parties in title incapacitated or deceased?
●●Has a change in marital status occurred for any of the
Principals?
●●Will the property be transferred into a trust, partnership,
corporation or limited liability company?
●●Has there been any construction on the property in the last
6 months?
Remember, all parties signing documents must have a driver's license or other valid
photo ID. It is recommended that all documents be signed in blue ink.
Order No:M-24756
This page is only a part of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment
to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I- Requirements; and Schedule B, Part II – Exceptions.
Montana Title & Escrow, Inc.
Policy Issuing Agent for Westcor Land Title Insurance Company
ALTA Commitment for Title Insurance
Issued by Westcor Land Title Insurance Company
NOTICE
IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES.
ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE
POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF
TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE
INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE
PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY
PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED
IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO
LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment
Conditions, Westcor Land Title Insurance Company (the “Company”), commits to issue the Policy according to the terms
and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for
each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount
as the Proposed Policy Amount and the name of the Proposed Insured.
If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this
Commitment terminates and the Company’s liability and obligation end.
Issued By:
Montana Title & Escrow, Inc.
1925 N. 22nd Avenue
Bozeman, MT 59718
Agent ID: MT1000
__________________________________
Authorized Countersignature
WESTCOR LAND TITLE INSURANCE COMPANY
Order Number: M-24756
This page is only a part of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment
to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I- Requirements; and Schedule B, Part II – Exceptions.
Montana Title & Escrow, Inc.
Policy Issuing Agent for Westcor Land Title Insurance Company
COMMITMENT CONDITIONS
1. DEFINITIONS
(a) “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.
(b) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land”
does not include any property beyond the lines of the area described in Schedule A, nor any right title, interest, estate, or
easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent
that a right of access to and from the Land is to be insured by the Policy.
(c) “Mortgage”: a mortgage, deed of trust, or other security instrument, including one evidenced by electronic means
authorized by law.
(d) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued
by the Company pursuant to this Commitment.
(e) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to
this Commitment.
(f) “Proposed Policy Amount”: Each dollar amount specified in the Schedule A as the Proposed Policy Amount of each Policy
to be issued pursuant to this Commitment.
(g) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting
constructive notice of matters relating to real property to purchasers for value and without Knowledge.
(h) “Title”: The estate or interest described in Schedule A.
2. If all of the Schedule B, Part I – Requirements have not been met within the time period specified in the Commitment to
Issue Policy, this Commitment terminates and the Company’s liability and obligation end.
3. The Company’s liability and obligation is limited by and the Commitment is not valid without:
(a) the Notice;
(b) the Commitment to Issue Policy;
(c) the Commitment Conditions
(d) Schedule A;
(e) Schedule B, Part I – Requirements
(f) Schedule B, Part II – Exceptions; and
(g) a counter-signature by the Company or its issuing agent that may be in electronic form.
4. COMPANY’S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien,
encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of
the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this
Commitment.
5. LIMITATIONS OF LIABILITY
(a) The company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the
interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended
Commitment, resulting from the Proposed Insured’s good faith reliance to:
(i) comply with the Schedule B, Part I – Requirements;
(ii) eliminate, with the Company’s written consent, any Schedule B, Part II – Exceptions; or
(iii) acquire the Title or create the Mortgage covered by this Commitment.
(b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or
had Knowledge of the matter and did not notify the Company about it in writing.
(c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the
expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
(d) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and
described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(e) The Company shall not be liable for the content of the Transaction Identification Data, if any.
Order Number: M-24756
This page is only a part of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment
to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I- Requirements; and Schedule B, Part II – Exceptions.
Montana Title & Escrow, Inc.
Policy Issuing Agent for Westcor Land Title Insurance Company
(f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B,
Part I – Requirements have been met to the satisfaction of the Company.
(g) In any event, the Company’s liability is limited by the terms and provisions of the Policy.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
(a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.
(b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.
(c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with
respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and
proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment.
(d) The deletion or modification of any Schedule B, Part II – Exceptions does not constitute an agreement or obligation to
provide coverage beyond the terms and provisions of this Commitment or the Policy.
(e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the
Company.
(f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will
be under the Policy.
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies.
The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the
Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered
to a Proposed Insured, nor is it a commitment to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall
be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed
Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration.
Order Number: M-24756
This page is only a part of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment
to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I- Requirements; and Schedule B, Part II – Exceptions.
Montana Title & Escrow, Inc.
Policy Issuing Agent for Westcor Land Title Insurance Company
NOTICE
FEDERAL FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT OF 1980 (FIRPTA)
Upon the sale of United States real property, by a non-resident alien, foreign corporation, partnership or trust, the Foreign Investment in Real
Property Tax Act of 1980 (FIRPTA), and as revised by the Tax Reform Act of 1984 (26 USCA 897 (C)(1)(A)(1) and 26 USCA 1445), Revised by the Path
Act of 2015, These changes may be reviewed in full in H.R. 2029, now known as Public Law 114-113. See Section 324 of the law for the full text of
FIRPTA changes. Effective February 27, 2016, the amendments to FIRPTA contained in the PATH Act have increased the holdback rate from 10% of
gross proceeds to 15% of gross proceeds of the sale, regardless of whether the actual tax due may exceed (or be less than) the amount withheld if
ANY of the following conditions are met:
1. If the amount realized (generally the sales price) is $300,000 or less, and the property will be used by the Transferee as a residence (as provided
for in the current regulations), no monies need be withheld or remitted to the IRS.
2. If the amount realized exceeds $300,000 but does not exceed $1,000,000, and the property will be used by the Transferee as a residence, (as
provided for in the current regulations) then the withholding rate is 10% on the full amount realized (generally the sales prices)
3. If the amount realized exceeds $1,000,000, then the withholding rate is 15% on the entire amount, regardless of use by the Transferee. The
exemption for personal use as a residence does not apply in this scenario.
If the purchaser who is required to withhold income tax from the seller fails to do so, the purchaser is subject to fines and penalties as provided
under Internal Revenue Code Section 1445.
Escrow Holder will, upon written instructions from the purchaser, withhold Federal Income Tax from the seller and will deposit said tax with the
Internal Revenue Service, together with IRS Forms 8288 and 8288-A. The fee charged for this service is $25.00 payable to the escrow holder.
Order Number: M-24756
This page is only a part of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment
to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I- Requirements; and Schedule B, Part II – Exceptions.
Montana Title & Escrow, Inc.
Policy Issuing Agent for Westcor Land Title Insurance Company
COMMITMENT - SCHEDULE A
1.Effective Date:March 14, 2019 at 7:30AM
2.Policy or Policies to be Issued:
2006 ALTA Standard Owners Policy
Proposed Insured:Liability:Premium:
City Of Bozeman, a Municipal
corporation of the State of
Montana
$1.00Determined $175.00To Be Determined
3.The interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
4.The Title is, at the Commitment Date, vested in:
Oak Springs Estates, LLC, a Utah limited liability company
5.The land referred to in this Commitment is described as follows:
See Exhibit "A" Attached For Legal Description
Inquiries should be directed to:
Montana Title & Escrow, Inc.Escrow Officer:Candace Elser
1925 N. 22nd Avenue Title Officer:Rick Schultz
Suite 102 Phone:(406) 587-7702
Bozeman, MT 59718 Fax:(406) 587-2891
Order Number: M-24756
This page is only a part of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment
to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I- Requirements; and Schedule B, Part II – Exceptions.
Montana Title & Escrow, Inc.
Policy Issuing Agent for Westcor Land Title Insurance Company
Exhibit “A”
Legal Description
PRIVATE OPEN SPACE #1 AS SHOWN ON THE PLAT OF OAK SPRINGS SUBDIVISION - PHASE 4, A PLATTED
SUBDIVISION IN THE COUNTY OF GALLATIN, STATE OF MONTANA, ACCORDING TO THE OFFICIAL RECORDED PLAT
THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF GALLATIN COUNTY, MONTANA.
[PLAT J-475]
Order Number: M-24756
This page is only a part of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment
to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I- Requirements; and Schedule B, Part II – Exceptions.
Montana Title & Escrow, Inc.
Policy Issuing Agent for Westcor Land Title Insurance Company
Order No.: M-24756
SCHEDULE B - Part I
REQUIREMENTS
The following requirements must be met and completed to the satisfaction of the Company before its Policy of Title
Insurance will be issued:
1.Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and
duly filed for record.
2. WE FIND NO OPEN MORTGAGES OF RECORD. ***** ESCROW PLEASE CONFIRM BEFORE CLOSING.
3. THE REQUIREMENT THAT WE BE PROVIDED WITH A COPY OF THE OPERATING AGREEMENT AND ANY
AMENDMENTS THERETO FOR OAK SPRINGS ESTATES, LLC, A UTAH LIMITED LIABILITY COMPANY.
4. THE REQUIREMENT THAT EVIDENCE, SATISFACTORY TO THE COMPANY BE SUBMITTED THAT THE VESTEE
CORPORATION NAMED HEREIN:
(A) WAS DULY INCORPORATED; AND
(B) IS NOW OF GOOD STANDING AND AUTHORIZED TO DO BUSINESS IN THE STATE OR COUNTY WHERE THE
SAID CORPORATION WAS FORMED.
5. WE REQUIRE A FULLY EXECUTED BUY/SELL AGREEMENT BE GIVEN TO THE TITLE COMPANY FOR REVIEW PRIOR
TO CLOSING THIS TRANSACTION.
Order Number: M-24756
This page is only a part of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment
to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I- Requirements; and Schedule B, Part II – Exceptions.
Montana Title & Escrow, Inc.
Policy Issuing Agent for Westcor Land Title Insurance Company
Order No.: M-24756
SCHEDULE B - Part II
STANDARD EXCEPTIONS
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:
A.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.
B.STANDARD EXCEPTIONS
(1)Rights or claims of parties in possession not shown by the Public Records.
(2)Easements or claims of easements not shown by the Public Records.
(3)Discrepancies, conflicts in boundary lines, encroachment, overlaps, variations or shortages in area or
content, party walls and any other matters that would be disclosed by a correct survey and/or physical
inspection of the Land
(4)Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by
law and not shown by the Public Records.
(5)Any water or well rights, or rights or title to water or claims thereof, in, on or under the Land.
(6)(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance
of said patents.
(7)All taxes, assessments, levies and charges which constitute liens or are due or payable including
unredeemed tax sales.
Order Number: M-24756
This page is only a part of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment
to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I- Requirements; and Schedule B, Part II – Exceptions.
Montana Title & Escrow, Inc.
Policy Issuing Agent for Westcor Land Title Insurance Company
Order No.: M-24756
SCHEDULE B - Part II
SPECIAL EXCEPTIONS
At the date hereof, exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would
be as follows:
1. GENERAL TAXES FOR THE YEAR 2019, A LIEN IN THE PROCESS OF ASSESSMENT, NOT YET DUE OR PAYABLE.
ACCORDING TO COUNTY RECORDS THIS PROPERTY HAS A TAX ID OF RGG59490. I WAS UNABLE TO LOCATE A
TAX BILL FOR COUNTY OR CITY TAXES FOR THIS PARCEL. ESCROW, PLEASE CONFIRM THE STATUS OF THESE
TAXES PRIOR TO CLOSING.
2. NO LIABILITY IS ASSUMED FOR ANY SPECIAL ASSESSMENTS, SNOW REMOVAL, SEWER ASSESSMENT OR
GARBAGE ASSESSMENT NOT SET FORTH IN THE ASSESSMENT BOOKS OF THE CITY OF BOZEMAN.
3. ALL RIGHTS, TITLES OR INTERESTS IN MINERALS OF ANY KIND, OIL, GAS, COAL, OR OTHER HYDROCARBONS AND
THE CONSEQUENCES OF THE RIGHT TO MINE OR REMOVE SUCH SUBSTANCES INCLUDING, BUT NOT LIMITED TO
EXPRESS OR IMPLIED EASEMENTS AND RIGHTS TO ENTER UPON AND USE THE SURFACE OF THE LAND FOR
EXPLORATION, DRILLING OR EXTRACTION RELATED PURPOSES
(THIS COMMITMENT OR POLICY DOES NOT PURPORT TO DISCLOSE DOCUMENTS OF RECORD PERTAINING TO
THE ABOVE REFERENCED RIGHTS.)
4. RIGHT OF WAY FOR DITCHES, CREEKS OR CANALS AS THEY MAY BE LOCATED ACROSS OR ALONG THE SUBJECT
PROPERTY AS DISCLOSED BY INSTRUMENTS OF PUBLIC RECORD.
5. AN EASEMENT OVER SAID LAND FOR ELECTRIC POWER LINE AND COMMUUNICATION SYSTEM AND INCIDENTAL
PURPOSES, AS GRANTED THE MONTANA POWER COMPANY, RECORDED DECEMBER 08, 1986, AS FILM/BOOK
95, PAGE 271, OFFICIAL RECORDS.
6. AN EASEMENT OVER SAID LAND FOR ELECTRIC POWER LINE AND COMMUNICATION SYSTEM AND INCIDENTAL
PURPOSES, AS GRANTED THE MONTANA POWER COMPANY, RECORDED DECEMBER 08, 1986, AS FILM/BOOK
95, PAGE 272, OFFICIAL RECORDS.
7. TERMS AND CONDITIONS OF SMITH ANNEXATION AGREEMENT RECORDED NOVEMBER 10, 1997 IN FILM 178,
PAGE 3379, AND MCDONALD ANNEXATION AGREEMENT, RECORDED MAY 02, 2005, AS DOCUMENT NO.
2186214, OFFICIAL RECORDS.
8. TERMS AND CONDITIONS OF COMMISSION RESOLUTION NO. 3191 RECORDED NOVEMBER 10, 1997 IN FILM
178, PAGE 3393, AND COMMISSION RESOLUTION NO. 3787, RECORDED MAY 02, 2005, AS DOCUMENT NO.
2186215, OFFICIAL RECORDS.
9. TERMS, PROVISIONS, COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS, PROVIDED IN THE
COVENANTS, CONDITIONS AND RESTRICTIONS, BUT OMITTING COVENANTS OR RESTRICTIONS, IF ANY, BASED
UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY,
HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR
Order Number: M-24756
This page is only a part of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment
to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I- Requirements; and Schedule B, Part II – Exceptions.
Montana Title & Escrow, Inc.
Policy Issuing Agent for Westcor Land Title Insurance Company
FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE
LAW, IN DOCUMENT RECORDED AUGUST 18, 1999 IN FILM 201, PAGE 4737, AND DECEMBER 22, 2005, AS
DOCUMENT NO. 2213735, OFFICIAL RECORDS.
SAID COVENANTS, CONDITIONS AND RESTRICTIONS WERE MODIFIED IN PART BY INSTRUMENT RECORDED JUNE
27, 2006, AS (INSTRUMENT) 2232626, OFFICIAL RECORDS.
SAID COVENANTS, CONDITIONS AND RESTRICTIONS WERE MODIFIED IN PART BY INSTRUMENT RECORDED JUNE
22, 2007, AS DOCUMENT NO. 2270315, OFFICIAL RECORDS.
10. NOTATIONS, EASEMENTS, AND ALL OTHER MATTERS AS DELINEATED ON THE OFFICIAL PLATS OF CERTIFICATE
OF SURVEY NO. 2530A, DIAMOND ESTATES SUBDIVISION, AND OAK SPRINGS SUBDIVISION, PHASES 1, 2, 3 AND
4, ON FILE AND OF RECORD WITH THE GALLATIN COUNTY CLERK AND RECORDER, GALLATIN COUNTY,
MONTANA.
11. TERMS AND CONDITIONS OF IMPROVEMENTS AGREEMENT FOR OAK SPRINGS MAJOR SUBDIVISION, PHASE 3,
RECORDED JANUARY 04, 2007, AS DOCUMENT NO. 2252800, OFFICIAL RECORDS.
12. TERMS AND CONDITIONS OF NOTICE OF BUILDING PERMIT RESTRICTIONS OAK SPRINGS MAJOR SUBDIVISION,
PHASE 3, RECORDED JANUARY 04, 2007, AS DOCUMENT NO. 2252801, OFFICIAL RECORDS.
13. EASEMENT AGREEMENT BETWEEN OAK SPRINGS ESTATES, LLC AND QWESTCORPORATION RECORDED
FEBRUARY 6, 2006 AS DOCUMENT NO. 2217738, OFFICIAL RECORDS.
14. AN AGREEMENT BY AND BETWEEN OAK SPRINGS ESTATES, L.L.C. AND THE CITY OF BOZEMAN, SETTING FORTH
TERMS, DATED SEPTEMBER 17, 2007, RECORDED OCTOBER 12, 2007, AS DOCUMENT NO. 2281439, OFFICIAL
RECORDS.
15. TERMS AND CONDITIONS OF NOTICE OF BUILDING PERMIT RESTRICTIONS, RECORDED OCTOBER 12, 2007, AS
DOCUMENT NO. 2281440, OFFICIAL RECORDS.
16. OAK SPRINGS HOME OWNER'S ASSOCIATION BOARD OF DIRECTORS COVENANT FINING RULES AND
REGULATIONS - RESOLUTION: POLICIES AND PROCEDURES FOR THE COVENANT AND RULE ENFORCEMENT,
RECORDED JUNE 5, 2015, AS (INSTRUMENT) 2513457, OFFICIAL RECORDS.
17. AN EASEMENT UPON THE TERMS, CONDITIONS AND PROVISIONS CONTAINED THEREIN FOR THE PURPOSE
SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS GRANTED IN A DOCUMENT RECORDED DECEMBER 21,
2009, AS (INSTRUMENT) 2349823, OFFICIAL RECORDS:
PURPOSE:PUBLIC SIDEWALK EASEMENT
*********************** END OF SCHEDULE B ***********************
*** INFORMATIONAL NOTES:
WE HAVE MADE A JUDGMENT SEARCH AGAINST CITY OF BOZEMAN, AND FIND NONE.
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
Order Number: M-24756
This page is only a part of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment
to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I- Requirements; and Schedule B, Part II – Exceptions.
Montana Title & Escrow, Inc.
Policy Issuing Agent for Westcor Land Title Insurance Company
AT ~WWW.ALTA.ORG~.
IN THE EVENT THAT THIS TRANSACTION FAILS TO CLOSE, A FEE WITH A MINIMUM OF $200.00 WILL BE
CHARGED TO COMPLY WITH THE STATE INSURANCE CODE.
THERE IS NO NOTICE OF RECORD AND THEREFORE NO SEARCH HAS BEEN MADE FOR ANY UNPAID
ASSESSMENTS, CHARGES OR FEES FOR SEWER, WATER, GARBAGE, IRRIGATION AND OTHER POSSIBLE UTILITY
SERVICES.
IF THE PROPOSED INSURED UNDER THE POLICY TO ISSUE HAS ANY QUESTIONS CONCERNING THE SCHEDULE B
REQUIREMENTS OR EXCEPTIONS FROM COVERAGE, THE COMPANY WILL BE PLEASED TO PROVIDE AN
EXPLANATION. PLEASE CONTACT THE TITLE OFFICER NAMED ON SCHEDULE A OF THIS COMMITMENT.
ADDRESS: Private Open Space #1 of Oak Springs Sub Ph 4, Bozeman, MT 59718
IMPORTANT NOTICE- ACCEPTABLE TYPES OF FUNDS
ANY FUNDS DEPOSITED FOR THE CLOSING MUST BE DEPOSITED INTO THE ESCROW DEPOSITORY AND CLEARED
PRIOR TO DISBURSEMENT.
ALL FUNDS DEPOSITED MUST BE BY WIRE, CASHIERS CHECK, OFFICIAL CHECK OR PERSONAL CHECK. REQUIRED
TIME NECESSARY TO CLEAR EACH TYPE OF FUNDS WILL VARY.
IMPORTANT NOTE: PLEASE BE ADVISED THAT ESCROW HOLDER DOES NOT ACCEPT CASH, MONEY ORDERS, ACH
TRANSFERS OR ANY FOREIGN CHECKS.
PLEASE CONTACT ESCROW REGARDING QUESTIONS ON TYPE OF FUNDS REQUIRED IN ORDER TO FACILITATE
THE PROMPT CLOSING OF THIS TRANSACTION.
NOTE: IF YOU INTEND TO REMIT MULTIPLE CASHIER'S CHECKS TO CLOSE YOUR ESCROW (WHICH MAY OR MAY
NOT INCLUDE GIFT FUNDS OR THIRD PARTY FUNDS) IRS CASH REPORTING UNDER IRS CODE 8300 MAY BE
REQUIRED. FOR THIS REASON, YOU MAY WISH TO CONSIDER WIRING FUNDS IN LIEU OF REMITTING CASHIER'S
CHECKS.
********************
CHAIN OF TITLE REPORT:
ACCORDING TO THE PUBLIC RECORDS, NO DEEDS CONVEYING THE PROPERTY DESCRIBED IN THIS REPORT HAVE
BEEN RECORDED WITHIN A PERIOD OF 24 MONTHS PRIOR TO THE DATE OF THIS REPORT, EXCEPT AS SHOWN
HEREIN:
NONE.
PRIVACY POLICY NOTICE
Purpose Of This Notice
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates,
from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you
with a notice of its privacy policies and practices, such as the type of information that it collects about you and the
categories of a persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with
this document which notifies you of the privacy policies and practices of:
Montana Title and Escrow Company Placer Title Company
National Closing Solutions, Inc.Placer Title Insurance Agency of Utah
National Closing Solutions of Alabama, LLC Premier Title Agency
National Closing Solutions of Maryland, Inc.North Idaho Title Insurance Company
Texas National Title Wyoming Title and Escrow Company
We may collect nonpublic personal information about you from the following sources:
Information we receive from you, such as an application or other forms.
Information about your transactions we secure from our files, or from our affiliates or others.
Information we receive from a consumer reporting agency.
Information we receive from others involved in your transaction, such as the real estate agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal
information will be collected about you.
We may disclose any of the above information that we collect about our customers or former customers to our affiliates or
to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the following types of nonaffiliated
companies that perform marketing services on our behalf or with whom we have joint marketing agreements:
Financial service providers such as companies engaged in banking, consumer finances, securities and insurance.
Nonfinancial companies such as envelope stuffers and other fulfillment service providers.
We do not disclose any nonpublic personal information about you with anyone for any
purpose that is not specifically permitted by law.
We restrict access to nonpublic personal information about you to those employees who need to know that
information in order to provide products or services to you. We maintain physical, electronic and procedural
safeguards that comply with federal regulations to guard your nonpublic personal information.
PRIVACY POLICY
Westcor Land Title Insurance Company
Westcor Land Title Insurance Company (”WLTIC”) values its customers and is committed to protecting the privacy of
personal information. In keeping with that philosophy, we have developed a Privacy Policy, set out below, that will
ensure the continued protection of your nonpublic personal information and inform you about the measures WLTIC
takes to safeguard that information.
Who is Covered
Our Privacy Policy applies to each customer who purchases a WLTIC title insurance policy. Typically, this means that the
customer covered by our Privacy Policy at the closing of the real estate transaction.
Information Collected
In the normal course of business and to provide the necessary services to our customers, we may obtain nonpublic
personal information directly from the customer, from customer-related transactions, or from third parties such as our
title insurance agents, lenders, appraisers, surveyors or other similar entities.
Access to Information
Access to all nonpublic personal information is limited to those employees who have a need to know in order to perform
their jobs. These employees include, but are not limited to, those in departments such as legal, underwriting, claims
administration and accounting.
Information Sharing
It is the policy of WLTIC not to share nonpublic personal information that it collects with anyone other than our policy
issuing agents as necessary to complete the real estate settlement services and issue the title insurance policy requested
by our customer. WLTIC may share nonpublic personal information as permitted by law with entities with whom WLTIC
has a joint marketing agreement. Entities with whom WLTIC has a joint marketing agreement have agreed to protect the
privacy of our customer’s nonpublic personal information by utilizing similar precautions and security measures to those
that WLTIC uses to protect this information and only to use the information for lawful purposes. WLTIC, however, may
share information as required by law in response to a subpoena, to a government regulatory agency or to prevent fraud.
Information Security
WLTIC, at all times, strives to maintain the confidentiality and integrity of the personal information in its
possession and has instituted measures to guard against its unauthorized access. We maintain physical,
electronic and procedural safeguards in compliance with federal standards to protect that information.
Affiliated Business Arrangement Disclosure Statement Notice
To:City Of Bozeman, a Municipal corporation of the State of Montana
Oak Springs Estates
From:Montana Title & Escrow, Inc.
Property:Private Open Space #1 of Oak Springs Sub Ph 4, Bozeman, MT 59718
Date:3/26/2019
This is to give you notice that Montana Title & Escrow, Inc. has a business relationship with Westcor Land Title
Insurance Company. The parent company of Montana Title & Escrow, Inc. holds a 29.14 percentage interest in
the shares of said company. Because of this relationship, this referral may provide Montana Title & Escrow,
Inc. a financial or other benefit.
Set forth below is the estimated charge or range of charges for the settlement services identified below. You
are NOT required to use the listed settlement service provider as a condition of the purchase, sale, or
refinance of the subject property. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS
AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU
ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES.
Settlement Service: Title Insurance
Settlement Service Provider: Westcor Land Title Insurance Company
Charge or Range of Charges:
2006 ALTA Standard Owners Policy $175.00
$0.00
Total Estimated Charges:$175.00
The Charge or Range of Charges is based upon the most currently available information provided to Montana
Title & Escrow, Inc. concerning the purchase price of the subject property (if this is a sale transaction), the
amount of the loan, and the service or product requested. If these figures change during the course of the
transaction, the charge or range of charges may also change.
ACKNOWLEDGMENT
I/we have read this disclosure form, and understand that referring party is referring me/us to purchase the
above-described settlement services may receive a financial or other benefit as the result of this referral.
______________________________________
City Of Bozeman, a Municipal corporation of
the State of Montana
______________________________________
Oak Springs Estates