HomeMy WebLinkAbout19- Certificate of City Attorney - KS DevCor, Inc. - Final Plat of The Lakes at Valley West Phase 5A J-645
Timothy A. Cooper
P.O. Box 1230
Bozeman, MT 59771-1230
2639844
Page: 1 of 15 03/13/2019 02:44:07 PM Fee $5.00
Eric Semerad — Gallatin Caunty MT PLATCTF
$5.00
IIII IN
CERTIFICATE OF CITY ATTORNEY
The undersigned Assistant City Attorney, in and for the City of Bozeman, County of
Gallatin, State of Montana, hereby certifies that the real property described in the proposed Final
Plat of The Lakes at Valley West Phase 5A, more particularly described in the attached
Preliminary Subdivision Certificate, incorporated herein by reference, is owned by:
KS DevCor, Inc. a Montana Corporation
This certificate is based upon the attached Preliminary Subdivision Certificate issued by
American Land Title Company of Gallatin County, Montana as of the 7th day of February, 2019,
at 8 o'clock A.M., and is so certified subject to the restrictions contained therein.
CITY ATTORNEY
By:
Timothy A. Cooper,Assistant City Attorney
HEATHER BIENVENU n TO before e this 15th day o February, 2019.
HEAT
'�'�:. Notary Public
AQv� afor the State of Montana
Residing at:
Bozeman, Montana
9 oF•�o P my commission Expires: otary Public for he State of Montana
O January 26,2022
CHICAGO TITLE
3 INSURANCE COMPANY
Policy No. : 7170-1-1-109070-2018.72156-215293673
CHICAGO TITLE INSURANCE COMPANY
GUARANTEE
CHICAGO TITLE INSURANCE COMPANY, a Florida Corporation, herein called the Company, guarantees the Assured against
actual loss not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any
incorrectness in the assurances set forth in Schedule A.
1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A
or with respect to the validity, legal effect or priority of any matter shown therein.
2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of
reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount
set forth in Schedule A.
PLEASE NOTE CAREFULLY THE LIABILITY EXCLUSIONS AND LIMITATIONS AND THE SPECIFIC ASSURANCES AFFORDED BY
THIS GUARANTEE. IF YOU WISH ADDITIONAL LIABILITY, OR ASSURANCES OTHER THAN AS CONTAINED HEREIN, PLEASE
CONTACT THE COMPANY FOR FURTHER INFORMATION AS TO THE AVAILABILITY AND COST.
CHICAGO TITLE INSURANCE COMPANY
Countersigned:
cM014J JAA--k—
Bv.
Auth6ffed Offic "or Ag n
Wendy K. Schl ser
American Lan �tle Company of Montana s b
1800 W Koch Sty = President
Bozeman, MT 59715
Tel:406-587-5563 r
Fax:406-587-8038 Attest:
Secretary
Note: This endorsement shall not be valid or binding
until countersigned by an authorized signatory.
72156 72156 Miscellaneous Guarantee Face Page 00_156
Page 1 of 1
SCHEDULE A
Policy Number: 7170-1-1-109070-2018.72156-215293673
Order No. 1-109070 (KS DevCor,Inc.)
Amendment No. 1
Liability: $200.00 Fee: $160.00
Dated: February 7,2019 at 8:00 A.M.
Assured: The County of Gallatin and in the City of Bozeman in Montana.
The assurances referred to on the face page are:
That, according to those public records which,under the recording laws, impart constructive
notice of matters relative to the following described real property:
The Lakes at Valley West—Phase 5A, being Lot R2B of The Lakes at Valley West—Phase 4;
situated in the NE'/4NW'/4 of Section 9, Township 2 South, Range 5 East, Principal Meridian City
of Bozeman, Gallatin County,Montana, more particularly described as follows:
Commencing at the Quarter Corner to Sections 4 and 9,Township 2 South, Range 5 East,
Principal Meridian, City of Bozeman, Gallatin County, Montana, as described on Certified
Corner Recordation, Book 4, page 930, as Document No. 2566975, filed at the Gallatin County
Clerk and Recorder's Office; thence S.0°58'16"W. for 1351.17 feet to the CN 1/16 Corner of said
Section 9; thence S.88°28'17"W. for 45.04 feet to the Point of Beginning; thence
S.88°28'17"W. for 1292.11 feet to the NW 1/16 Corner of said Section 9, also being the
Southwest Corner of The Lakes at Valley West Subdivision;thence N.0°59'02"E. for 350.36 feet
to the Southwest Corner of Phase 4 of The Lakes at Valley West Subdivision; thence continuing
along the south boundary of Phase 4 of said subdivision for the next eight courses; S.89°00'58"E.
for 364.84 feet;thence S.0°59'02"W. for 24.00 feet; thence S.89°00'58"E. for 60.00 feet; thence
N.0°59'02"E. for 31.41 feet;thence S.89°00'58"E. for 120.00 feet;thence N.0°59'02"E. for
12.34 feet;thence along a curve to the right having a radius of 20 feet and a central angle of
87'29'15"along said curve for an are length of 30.54 feet;thence N.88°28'17"E. for 727.53 feet
to the west right-of-way line of Laurel Parkway; thence along said right-of-way line
S.0058'16"W. for 3 65.3 5 feet to the Point of Beginning.
The above-described tracts of land is to be known and designated as"The Lakes at Valley West—
Phase 5A", City of Bozeman, Gallatin County,Montana.
Title to said real property is vested in: KS DevCor,Inc.,a Montana corporation
subject to the matters shown below under Exceptions,which Exceptions are not necessarily
shown in the order of their priority.
(Continued)
SUBDIVISION GUARANTEE
Reorder Form No. 12421
SCHEDULE A
Policy Number: 7170-1-1-109070-2018.72156-215293673
Order No. 1-109070 (KS DevCor,Inc.)
EXCEPTIONS:
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. Unpatented mining claims; reservations or exceptions in the United States Patents or in Acts
authorizing the issuance thereof;water rights, claims or title to water.
3. Title to any property beyond the lines of the real property expressly described herein, or title
to streets, roads, avenues, lanes, ways or waterways on which such real property abuts, or the
right to maintain therein vaults, tunnels, ramps, or any other structure or improvement; or any
rights or easements therein unless such property, rights or easements are expressly and
specifically set forth in said description.
4. Any right,title, or interest in minerals in or under said land including, but not limited to,
metals, oil, gas,coal, other hydrocarbons, sand gravel or other common variety materials,
stone, mineral rights, mining rights, easement rights, water rights, claims of title to water or
other matters relating thereto, whether expressed or implied and whether or not shown by the
public records.
5. Taxes for the year 2019 and subsequent years. Taxes for the year 2018 are paid. Taxes for
the year 2019 are a lien not yet due or payable. (Parcel No. RGG31146) [Includes this and
other property]
6. Special assessments levied by the City of Bozeman for 2018-2019 under Account No.
132700: [Includes this and other property]
First Half:
Arterial &Collector.
District No. 8000 Street Maintenance.
District No. 8001 Tree Maintenance.
Installment is paid.
(Continued)
SUBDIVISION GUARANTEE
Reorder Form No. 12421
SCHEDULE A
Policy Number: 7170-1-1-109070-2018.72156-215293673
Order No. 1-109070(KS DevCor,Inc.)
Second Half:
Arterial&Collector.
District No. 8000 Street Maintenance.
District No. 8001 Tree Maintenance.
Installment is paid.
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.
7. Restrictive Covenants appearing of record as Document No. 2072118. Amendments and
Supplements recorded as Document No. 2137664, as Document No. 2220479, as Document
No. 2235801,as Document No. 2269548, as Document No. 2302270, as Document No.
2320406,as Document No. 2436655, re-recorded as Document No. 2437965, Document No.
2479575, Document No. 2511338 and as Document No. 2527604, but omitting covenants or
restrictions, if any, based on race, color, religion, sexual orientation, familial status, marital
status, disability, handicap,national origin,ancestry, or source of income, as set forth in
applicable state or federal laws, except to the extent that said covenant or restriction is
permitted by applicable law.
8. Declaration of Protective Covenants, Conditions, and Restrictions for The Lakes at Valley
West recorded October 14, 2015, as Document No. 2527605. Affidavit of Omission
Concerning the Declaration of Protective Covenants, Conditions and Restrictions for the
Lakes at Valley West recorded June 20, 2016, as Document No. 2548465. First Amendment
recorded April 6,2017, as Document No. 2576475. Assignment of Rights and
Responsibilities recorded January 31, 2017,as Document No. 2570825. Second Assignment
of Rights and Responsibilities recorded October 31,2017, as Document No. 2597223;
Second Amendment Recorded April 17,2018, as Document No. 2611208,but omitting
covenants or restrictions, if any,based on race,color, religion, sexual orientation,familial
status, marital status, disability,handicap,national origin, ancestry, or source of income,as
set forth in applicable state or federal laws,except to the extent that said covenant or
restriction is permitted by applicable law.
9. Improvements Agreement for The Lakes at Valley West Subdivision—Phase 4(Public
Sidewalks,Crosswalks,Public Landscape and Irrigation Improvements and Common Open
Space Trails)recorded April 17,2018, as Document No. 2611206, records of Gallatin
County, Montana, including the terms and provisions therein.
(Continued)
SUBDIVISION GUARANTEE
Reorder Form No. 12421
SCHEDULE A
Policy Number: 7170-1-1-109070-2018.72156-215293673
Order No. 1-109070 (KS DevCor,Inc.)
10. Notice of Building Permit Restrictions Lakes at Valley West Phase 4 Subdivision recorded
April 17, 2018, as Document No. 2611209,records of Gallatin County, Montana, including
the terms and provisions therein.
11. Waiver of Right to Protest Creation of Special Improvement District for The Lakes at Valley
West Phase 3 recorded March 20, 2017, as Document No. 2574898, records of Gallatin
County, Montana, including the terms and provisions therein.
12. All easements, notations,certificates,conditions and disclosures as contained on the recorded
plat for The Lakes at Valley West-Phase 4, Plat No. J-624, records of Gallatin County,
Montana, including the terms and provisions therein.
13. Assignment of Rights and Responsibilities-Valley West Subdivision recorded December
31, 2012, as Document No. 2436656 and re-recorded January 17, 2013, as Document No.
2437966 and as Document No. 2511337, records of Gallatin County,Montana, including the
terms and provisions therein.
14. Rule and Regulation for The Valley West Homeowner's Association recorded December 16,
2013, as Document No. 2470369, records of Gallatin County, Montana, including the terms
and provisions therein.
15. Rule and Regulation for the Valley West Homeowners Association recorded December 16,
2013, as Document No. 2470370, records of Gallatin County,Montana, including the terms
and provisions therein.
16. Rule and Regulation for the Valley West Homeowners Association recorded March 18, 2015,
as Document No. 2506359,records of Gallatin County, Montana, including the terms and
provisions therein.
17. Lift Station Agreement recorded October 14, 2015, as Document No. 2527602, records of
Gallatin County, Montana, including the terms and provisions therein.
18. Valley West Annexation Agreement dated December 22, 1997 and recorded December 24,
1997 in Film 180, page 22, including all Waivers, Conditions, and Easements contained
therein.
19. Waiver of Right to Protest the Creating of Special Improvement Districts recorded September
18,2001, as Document No. 2048041,records of Gallatin County, Montana, including the
terms and provisions therein.
(Continued)
SUBDIVISION GUARANTEE
Reorder Form No. 12421
SCHEDULE A
Policy Number: 7170-1-1-109070-2018.72156-215293673
Order No. 1-109070 (KS DevCor,Inc.)
20. Memorandum of Option Agreement by and between KS DevCor, Inc., a Montana corporation
and Bozeman Investment Holdings, LLC recorded June 4,2018, as Document No.2615401,
records of Gallatin County, Montana, including the terms and provisions therein.
END OF SCHEDULE A
SUBDIVISION GUARANTEE
Reorder Form No. 12421
Guarantee Conditions and Stipulations (12/15/95)
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
1. Except to the extent that specific assurances are provided in Schedule A of this
Guarantee, the Company assumes no liability for loss or damage by reason of the
following:
(a) Defects, liens, encumbrances, adverse claims or other matters against the title,
whether or not shown by the public records.
(b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments
on real property; or, (2) Proceedings by a public agency which may result in taxes
or assessments, or notices of such proceedings, whether or not the matters
excluded under (1) or (2) are shown by the records of the taxing authority or by
the public records.
(c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts
authorizing the issuance thereof, (3) water rights, claims or title to water, whether
or not the matters excluded under (1), (2) or (3) are shown by the public records.
2. Notwithstanding any specific assurances which are provided in Schedule A of this
Guarantee, the Company assumes no liability for loss or damage by reason of the
following:
(a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to
any property beyond the lines of the land expressly described in the description
set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets,
roads, avenues, lanes, ways or waterways to which such land abuts, or the right to
maintain therein vaults, tunnels, ramps or any structure or improvements; or any
rights or easements therein, unless such property, rights or easements are
expressly and specifically set forth in said description.
(b) Defects, liens, encumbrances, adverse claims or other matters, whether or not
shown by the public records; (1) which are created, suffered, assumed or agreed
to by one or more of the Assureds; (2) which result in no loss to the Assured; or
(3) which do not result in the invalidity or potential invalidity of any judicial or
non judicial proceeding which is within the scope and purpose of the assurances
provided.
(c) The identity of any party shown or referred to in Schedule A.
(d) The validity, legal effect or priority of any matter shown or referred to in this
Guarantee.
(Continued)
SUBDIVISION GUARANTEE
Reorder Form No. 12421
GUARANTEE CONDITIONS AND STIPULATIONS
1. Definition of Terms.
The following terms when used in the Guarantee mean:
(a) the "Assured": the party or parties named as the Assured in this Guarantee, or on
a supplemental writing executed by the Company.
(b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and
improvements affixed thereto which by law constitute real property. The term
"land" does not include any property beyond the lines of the area described or
referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or
easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways.
(c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument.
(d) "public records": records established under state statutes at Date of Guarantee for
the purpose of imparting constructive notice of matters relating to real property to
purchasers for value and without knowledge.
(e) "date": the effective date.
2. Notice of Claim to be Given by Assured Claimant.
An Assured shall notify the Company promptly in writing in case knowledge shall
come to an Assured hereunder of any claim of title or interest which is adverse to the
title to the estate or interest, as stated herein, and which might cause loss or damage
for which the Company may be liable by virtue of this Guarantee. If prompt notice
shall not be given to the Company, then all liability of the Company shall terminate
with regard to the matter or matters for which prompt notice is required; provided,
however, that failure to notify the Company shall in no case prejudice the rights of
any Assured under this Guarantee unless the Company shall be prejudiced by the
failure and then only to the extent of the prejudice.
3. No Duty to Defend or Prosecute.
The Company shall have no duty to defend or prosecute any action or proceeding to
which the Assured is a party, notwithstanding the nature of any allegation in such
action or proceeding.
4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to
Cooperate.
Even though the Company has no duty to defend or prosecute as set forth in
Paragraph 3 above:
(Continued)
SUBDIVISION GUARANTEE
Reorder Form No. 12421
GUARANTEE CONDITIONS AND STIPULATIONS (Continued)
(a) The Company shall have the right, at its sole option and cost, to institute and
prosecute any action or proceeding, interpose a defense, as limited in (b), or to do
any other act which in its opinion may be necessary or desirable to establish the
title to the estate or interest as stated herein, or to establish the lien rights of the
Assured, or to prevent or reduce loss or damage to the Assured. The Company
may take any appropriate action under the terms of this Guarantee, whether or not
it shall be liable hereunder, and shall not thereby concede liability or waive any
provision of this Guarantee. If the Company shall exercise its rights under this
paragraph, it shall do so diligently.
(b) If the Company elects to exercise its options as stated in Paragraph 4(a) the
Company shall have the right to select counsel of its choice (subject to the right of
such Assured to object for reasonable cause) to represent the Assured and shall
not be liable for and will not pay the fees of any other counsel, nor will the
Company pay any fees, costs or expenses incurred by an Assured in the defense
of those causes of action which allege matters not covered by this Guarantee.
(c) Whenever the Company shall have brought an action or interposed a defense as
permitted by the provisions of this Guarantee, the Company may pursue any
litigation to final determination by a court of competent jurisdiction and expressly
reserves the right, in its sole discretion, to appeal from an adverse judgment or
order.
(d) In all cases where this Guarantee permits the Company to prosecute or provide for
the defense of any action or proceeding, an Assured shall secure to the Company
the right to so prosecute or provide for the defense of any action or proceeding,
and all appeals therein, and permit the Company to use, at its option, the name of
such Assured for this purpose. Whenever requested by the Company, an Assured,
at the Company's expense, shall give the Company all reasonable aid in any
action or proceeding, securing evidence, obtaining witnesses, prosecuting or
defending the action or lawful act which in the opinion of the Company may be
necessary or desirable to establish the title to the estate or interest as stated herein,
or to establish the lien rights of the Assured. If the Company is prejudiced by the
failure of the Assured to furnish the required cooperation, the Company's
obligations to the Assured under the Guarantee shall terminate.
(Continued)
SUBDIVISION GUARANTEE
Reorder Form No. 12421
GUARANTEE CONDITIONS AND STIPULATIONS (Continued)
5. Proof of Loss or Damage.
In addition to and after the notices required under Section 2 of these Conditions and
Stipulations have been provided to the Company, a proof of loss or damage signed
and sworn to by the Assured shall be furnished to the Company within ninety (90)
days after the Assured shall ascertain the facts giving rise to the loss or damage. The
proof of loss or damage shall describe the matters covered by this Guarantee which
constitute the basis of loss or damage and shall state, to the extent possible, the basis
of calculating the amount of the loss or damage. If the Company is prejudiced by the
failure of the Assured to provide the required proof of loss or damage, the Company's
obligation to such assured under the Guarantee shall terminate. In addition, the
Assured may reasonably be required to submit to examination under oath by any
authorized representative of the Company and shall produce for examination,
inspection and copying, at such reasonable times and places as may be designated by
any authorized representative of the Company, all records, books, ledgers, checks,
correspondence and memoranda, whether bearing a date before or after Date of
Guarantee, which reasonably pertain to the loss or damage. Further, if requested by
any authorized representative of the Company, the Assured shall grant its permission,
in writing, for any authorized representative of the Company to examine, inspect and
copy all records, books, ledgers, checks, correspondence and memoranda in the
custody or control of a third party, which reasonably pertain to the loss or damage.
All information designated as confidential by the Assured provided to the Company
pursuant to this Section shall not be disclosed to others unless, in the reasonable
judgment of the Company, it is necessary in the administration of the claim. Failure
of the Assured to submit for examination under oath, produce other reasonably
requested information or grant permission to secure reasonably necessary information
from third parties as required in the above paragraph, unless prohibited by law or
governmental regulation, shall terminate any liability of the Company under this
Guarantee to the Assured for that claim.
6. Options to Pay or Otherwise Settle Claims: Termination of Liability.
In case of a claim under this Guarantee, the Company shall have the following
additional options:
(a) To Pay or Tender Payment of the Amount of Liability or to Purchase the
Indebtedness.
(Continued)
SUBDIVISION GUARANTEE
Reorder Form No. 12421
GUARANTEE CONDITIONS AND STIPULATIONS (Continued)
The Company shall have the option to pay or settle or compromise for or in the name
of the Assured any claim which could result in loss to the Assured within the
coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this
Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the
Company shall have the option to purchase the indebtedness secured by said
mortgage or said lien for the amount owing thereon, together with any costs,
reasonable attorneys' fees and expenses incurred by the Assured claimant which were
authorized by the Company up to the time of purchase.
Such purchase, payment or tender of payment of the full amount of the Guarantee
shall terminate all liability of the Company hereunder. In the event after notice of
claim has been given to the Company by the Assured the Company offers to purchase
said indebtedness, the owner of such indebtedness shall transfer and assign said
indebtedness, together with any collateral security, to the Company upon payment of
the purchase price.
Upon the exercise by the Company of the option provided for in Paragraph (a) the
Company's obligation to the Assured under this Guarantee for the claimed loss or
damage, other than to make the payment required in that paragraph, shall terminate,
including any obligation to continue the defense or prosecution of any litigation for
which the Company has exercised its options under Paragraph 4, and the Guarantee
shall be surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the
Assured Claimant.
To pay or otherwise settle with other parties for or in the name of an Assured
claimant any claim assured against under this Guarantee, together with any costs,
attorneys' fees and expenses incurred by the Assured claimant which were authorized
by the Company up to the time of payment and which the Company is obligated to
pay.
Upon the exercise by the Company of the option provided for in Paragraph (b) the
Company's obligation to the Assured under this Guarantee for the claimed loss or
damage, other than to make the payment required in that paragraph, shall terminate,
including any obligation to continue the defense or prosecution of any litigation for
which the Company has exercised its options under Paragraph 4.
(Continued)
SUBDIVISION GUARANTEE
Reorder Form No. 12421
GUARANTEE CONDITIONS AND STIPULATIONS (Continued)
7. Determination and Extent of Liability.
This Guarantee is a contract of Indemnity against actual monetary loss or damage
sustained or incurred by the Assured claimant who has suffered loss or damage by
reason of reliance upon the assurances set forth in this Guarantee and only to the
extent herein described, and subject to the Exclusions From Coverage of This
Guarantee.
The liability of the Company under this Guarantee to the Assured shall not exceed the
least of:
(a) the amount of liability stated in Schedule A or in Part 2;
(b) the amount of the unpaid principal indebtedness secured by the mortgage of an
Assured mortgagee, as limited or provided under Section 6 of these Conditions
and Stipulations or as reduced under Section 9 of these Conditions and
Stipulations, at the time the loss or damage assured against by this Guarantee
occurs, together with interest thereon; or
(c) the difference between the value of the estate or interest covered hereby as stated
herein and the value of the estate or interest subject to any defect, lien or
encumbrance assured against by this Guarantee.
8. Limitation of Liability.
(a) If the Company establishes the title, or removes the alleged defect, lien or
encumbrance, or cures any other matter assured against by this Guarantee in a
reasonably diligent manner by any method, including litigation and the
completion of any appeals therefrom, it shall have fully performed its obligations
with respect to that matter and shall not be liable for any loss or damage caused
thereby.
(b) In the event of any litigation by the Company or with the Company's consent, the
Company shall have no liability for loss or damage until there has been a final
determination by a court of competent jurisdiction, and disposition of all appeals
therefrom, adverse to the title, as stated herein.
(c) The Company shall not be liable for loss or damage to any Assured for liability
voluntarily assumed by the Assured in settling any claim or suit without the prior
written consent of the Company.
9. Reduction of Liability or Termination of Liability.
All payments under this Guarantee, except payments made for costs, attorneys' fees
and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto.
(Continued)
SUBDIVISION GUARANTEE
Reorder Form No. 12421
GUARANTEE CONDITIONS AND STIPULATIONS (Continued)
10. Payment of Loss.
(a) No payment shall be made without producing this Guarantee for endorsement of
the payment unless the Guarantee has been lost or destroyed, in which case proof
of loss or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed in
accordance with these Conditions and Stipulations, the loss or damage shall be
payable within thirty(30) days thereafter.
11. Subrogation Upon Payment or Settlement.
Whenever the Company shall have settled and paid a claim under this Guarantee, all
right of subrogation shall vest in the Company unaffected by any act of the Assured
claimant.
The Company shall be subrogated to and be entitled to all rights and remedies which
the Assured would have had against any person or property in respect to the claim
had this Guarantee not been issued. If requested by the Company, the Assured shall
transfer to the Company all rights and remedies against any person or property
necessary in order to perfect this right of subrogation. The Assured shall permit the
Company to sue, compromise or settle in the name of the Assured and to use the
name of the Assured in any transaction or litigation involving these rights or
remedies.
If a payment on account of a claim does not fully cover the loss of the Assured the
Company shall be subrogated to all rights and remedies of the Assured after the
Assured shall have recovered its principal, interest, and costs of collection.
12. Arbitration.
Unless prohibited by applicable law, either the Company or the Assured may
demand arbitration pursuant to the Title Insurance Arbitration Rules of the
American Arbitration Association. Arbitrable matters may include, but are not
limited to, any controversy or claim between the Company and the Assured
arising out of or relating to this Guarantee, any service of the Company in
connection with its issuance or the breach of a Guarantee provision or other
obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or
less shall be arbitrated at the option of either the Company or the Assured. All
arbitrable matters when the amount of liability is in excess of$1,000,000 shall be
arbitrated only when agreed to by both the Company and the Assured. The Rules
in effect at Date of Guarantee shall be binding upon the parties. The award may
include attorneys' fees only if the laws of the state in which the land is located
permits a court to award attorneys' fees to a prevailing party. Judgment upon the
award rendered by the Arbitrator(s) may be entered in any court having
jurisdiction thereof.
(Continued)
SUBDIVISION GUARANTEE
Reorder Form No. 12421
GUARANTEE CONDITIONS AND STIPULATIONS (Continued)
The law of the situs of the land shall apply to an arbitration under the Title Insurance
Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
13. Liability Limited to This Guarantee; Guarantee Entire Contract.
(a) This Guarantee together with all endorsements, if any, attached hereto by the
Company is the entire Guarantee and contract between the Assured and the
Company. In interpreting any provision of this Guarantee, this Guarantee shall be
construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, or any action
asserting such claim, shall be restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can be made except by a
writing endorsed hereon or attached hereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or validating officer or authorized
signatory of the Company.
14. Notices, Where Sent.
All notices required to be given the Company and any statement in writing required to
be furnished the Company shall include the number of this Guarantee and shall be
addressed to the Company at 1800 West Koch, Bozeman, Montana 59715.
SUBDIVISION GUARANTEE
Reorder Form No. 12421