HomeMy WebLinkAboutAppendix A - Title Report 05-05-2020Serving Gallatin, Madison and Park Counties
600 South 19th Avenue
Bozeman, MT 59718
203 South Main Street
Livingston, MT 59047
Phone: 406.522.5500 Phone: 406.222.7647
www.sectitle.com
COMMITMENT FOR TITLE INSURANCE
SELLER: Christian Center First Assembly of God of Bozeman, Inc.
BUYER/BORROWER: GMD Development LLC
OUR ORDER: G190060
INQUIRIES TO: Title Officer: Thomas A. Cahill (tcahill@sectitle.com)
Direct Line: (406) 522-5550
Escrow Officer: Kris Deason (k.deason@sectitle.com)
Direct Line: (406) 522-5570
COPIES TO: Steve Dymoke (E), GMD Development LLC
Katie Adams Schlender (E), McKenna Realty
Commitment for Title Insurance
Issued By Old Republic National Title Insurance Company
Old Republic National Title Insurance Company, a Florida corporation ("Company"), for a valuable
consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the
Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or
referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all
subject to the provisions of Schedules A and B and to the Conditions of this Commitment.
All liability and obligation under this Commitment shall cease and terminate six (6) months after the Effective
Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to
issue the policy or policies is not the fault of the Company.
The company will provide a sample of the policy form upon request.
IN WITNESS WHEREOF, Old Republic National Title Insurance Company has caused its corporate name and
seal to be affixed by its duly authorized officers on the date shown in Schedule A.
Issued through the Office of: OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
400 Second Avenue South, Minneapolis, Minnesota 55401
(612) 371-1111
ORT FORM 4308
ALTA Commitment for Title Insurance 06/06
CONDITIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or
other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those
shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the
Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to
the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall
disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any
such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend
Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from
liability previously incurred pursuant to Paragraph 3 of these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such
parties included under the definition of Insured in the form of policy or policies committed for and only for
actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements
hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or
mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in
Schedule A for the policy or policies committed for and such liability if subject to the insuring provisions and
Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for
in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this
Commitment except as expressly modified herein.
4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a
report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or
may bring against the Company arising out of the status of the title to the estate or interest or the status of the
mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this
Commitment.
5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is
$2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive
remedy of the parties.
You may review a copy of the arbitration rules at: http://www.alta.org/.
ORT Form 4308
ALTA Commitment for Title Insurance 06/06
SCHEDULE A
Commitment No: G190060
Page No. 1
Address Reference: 1750 Sacco Drive, Bozeman, MT 59715
1. Effective Date: January 15, 2019 at 7:30 a.m.
Proposed Insured:
GMD Development LLC
2. Policy or Policies to be issued:
Owner’s Coverage
ORT 4309 (6-17-06)
Standard
Extended
Amount: $ 3,500,000.00
Premium: $ 6,770.50
Endorsements: $
Mortgagee’s
Coverage
Standard
Extended
Amount: $
ORT 4310 (6-17-06) Premium: $
Endorsements (standard): 8.1-06, 9-06, 22-06 $
Endorsements (if applicable): 4-06, 5-06 $
Mortgagee’s
Coverage (2nd)
Standard
Extended
Amount: $
ORT 4310 (6-17-06)
Premium:
Endorsements: $
Inspection Fee: $
Cancellation Fee (If Applicable) $ 150.00 (minimum)
3. The estate or interest in the land described or referred to in this commitment and covered herein is
fee simple and title thereto is at the effective date hereof vested in:
Christian Center First Assembly of God of Bozeman, Inc.
4. The land referred to in this commitment is:
Lot 3A of Minor Subdivision No. 407A and Saccoccia Common Open Space of the Saccoccia
Minor Subdivision No. 407, City of Bozeman, Gallatin County, Montana, according to the
official plat thereof on file and of record in the office of the County Clerk and Recorder,
Gallatin County, Montana.
Commitment No: G190060
Page No. 2
SCHEDULE B – Section 1
Requirements
The following requirements must be met:
1. 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 the mortgage to be insured
must be signed, delivered and recorded.
4. You must tell us in writing the names of anyone not referred to in this Commitment 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.
5. If any document in the completion of this transaction is to be executed by an attorney-in-fact, the
Power of Attorney form must be submitted for review prior to closing.
6. We require the borrower/seller to execute a Seller or Borrower Affidavit and Indemnity.
In addition to the above standard requirements, the following requirements also apply to the
subject real property.
7. Requirement that a copy of the corporate resolution authorizing the sale of said premises be
submitted to this office before final policy can issue.
Commitment No: G190060
Page No. 3
SCHEDULE B – Section 2
Exceptions
The policy or policies to be issued will contain exceptions to the following unless the same are
disposed of to the satisfaction of the Company.
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, interests, 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 person in
possession thereof.
3. Easements, claims of easement or encumbrances which are not shown by the public records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting
the title including discrepancies, conflicts in boundary lines, shortage in area, or any other
facts that would be disclosed by an accurate and complete land survey of the land, and that
are not shown in the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts
authorizing the issuance thereof; (c) water rights, claims or title to water whether or not the
matters excepted under (a), (b), or (c) are shown by the public records.
6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished,
imposed by law and not shown by the public records.
7. Any right, title or interest in any minerals, mineral rights or related matters including but
not limited to metals, stone, oil, gas, coal, and other hydrocarbons, sand gravel or other
common variety materials, whether or not shown by the public record.
8. General and special taxes and assessments for the year 2019 which are a lien but not yet
computed or payable.
9. General and special taxes and assessments for the year 2018; first installment shows paid in the
amount of $43.64; second installment shows paid in the amount of $43.62. Parcel No.
RGG58593. (Lot 3A)
10. General and special taxes and assessments for the year 2018. Parcel No. RGG58592. (Open
Space) (Note for your information we can not find a county tax assessment for the tax year
2018.)
11. Special Assessments levied by the City of Bozeman for Arterial and Collector. The first
installment for the year 2018/2019 shows paid in the amount of $48.06. Second installment
shows paid in the amount of $48.06. (Lot 3A)
12. Special Assessments levied by the City of Bozeman for Street Maintenance. The first installment
for the year 2018/2019 shows paid in the amount of $200.86. Second installment shows paid in
the amount of $200.86. (Lot 3A)
13. Special Assessments levied by the City of Bozeman for Tree Maintenance. The first installment
for the year 2018/2019 shows paid in the amount of $26.09. Second installment shows paid in
the amount of $26.09. (Lot 3A)
14. Special Assessments levied by the City of Bozeman for Street Maintenance. The first installment
for the year 2018/2019 shows paid in the amount of $200.86. Second installment shows paid in
the amount of $200.86. (Open Space)
15. Special Assessments levied by the City of Bozeman for Tree Maintenance. The first installment
for the year 2018/2019 shows paid in the amount of $26.09. Second installment shows paid in
the amount of $26.09. (Open Space)
16. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims
which may exist by reason thereof, disclosed by the recorded Certificate of Survey No. 1215,
recorded September 10, 1984, Document No. 129980, Certificate of Survey No. 1215A, recorded
April 1, 1988, Document No. 183579, Certificate of Survey No. 1215B, recorded December 6,
1988, Document No. 192508, Certificate of Survey No. 1215C, recorded February 2, 1996,
Document No. 319018, Certificate of Survey No. 1215E, recorded April 20, 2004, Document No.
2147198, Certificate of Survey No. 1215G, recorded October 27, 2005, Document No. 2207223
and Certificate of Survey No. 1215H, recorded October 10, 2006, Document No. 2244521,
records of Gallatin County, Montana, but deleting any covenant, condition or restriction
indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap,
familial status, or national origin to the extent such covenants, conditions or restrictions violate
42 USC 3604(c).
17. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims
which may exist by reason thereof, disclosed by the recorded plat of Saccoccia Minor
Subdivision No. 407, recorded June 8, 2007, Document No. 2268746 and Minor Subdivision No.
407A, recorded July 30, 2008, Document No. 2306935, records of Gallatin County, Montana, but
deleting any covenant, condition or restriction indicating a preference, limitation or
discrimination based on race, color, religion, sex, handicap, familial status, or national origin to
the extent such covenants, conditions or restrictions violate 42 USC 3604(c).
18. Terms, conditions, restrictions and all other disclosures contained in the Storm Water Drainage
Easement Agreement, recorded June 14, 1999 in Film 199, Page 1967, records of Gallatin
County, Montana.
19. Terms, conditions, restrictions and all other disclosures contained in the Public Street and Utility
Easement and Temporary Cul-De-Sac Easement, recorded June 30, 1999 in Film 200, Page 366,
records of Gallatin County, Montana.
20. The terms, conditions, provisions, easements, waivers, obligations and all other disclosures of the
Saccoccia Annexation Agreement, dated September 28, 1987, recorded October 2, 1987 in Film
99, Page 120, records of Gallatin County, Montana.
Terms and conditions of Release and Reconveyance of Easements, recorded November 26, 1996
in Film 168, Page 3073, records of Gallatin County, Montana.
Terms and conditions of Release and Reconveyance of Easements, recorded March 26, 2004,
Document No. 2144534, records of Gallatin County, Montana.
Terms and conditions of Release and Reconveyance of Easements, recorded November 22, 2004,
Document No. 2170762, records of Gallatin County, Montana.
21. Terms, conditions, restrictions and all other disclosures contained in the Ordinance No. 1495,
recorded July 9, 1999 in Film 200, Page 2582, records of Gallatin County, Montana.
22. Public Street and Utility Easement to the City of Bozeman, recorded March 12, 2004, Document
No. 2143197, records of Gallatin County, Montana.
23. Terms, conditions, restrictions and all other disclosures contained in the Easements for Access,
recorded April 20, 2004, Document No. 2147261, records of Gallatin County, Montana.
24. Terms, conditions, restrictions and all other disclosures contained in the Easements for Access,
recorded December 10, 2004, Document No. 2172683, records of Gallatin County, Montana.
25. Terms, conditions, restrictions and all other disclosures contained in the Easements, Covenants,
Conditions and Restrictions, recorded February 9, 2004, Document No. 2139990 and rerecorded
October 24, 2006, Document No. 2206704, records of Gallatin County, Montana.
Partial Termination of Easements, Covenants, Conditions and Restrictions, recorded October 27,
2005, Document No. 2207198, records of Gallatin County, Montana.
Third Amendment to Easements, Covenants, Conditions and Restrictions, recorded June 8, 2007,
Document No. 2268753, records of Gallatin County, Montana.
Second Amendment to Easements, Covenants, Conditions and Restrictions, recorded August 22,
2007, Document No. 2276368, records of Gallatin County, Montana.
BUT DELETING FROM THE HEREINABOVE Covenants and Amendments any covenant,
condition or restriction indicating a preference, limitation or discrimination based on race, color,
religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions
or restrictions violate 42 USC 3604(c).
26. Terms, conditions, restrictions and all other disclosures contained in the Conditions of Approval
for a Conditional Use Permit for Saccoccia Planned Unit Development Located Between Baxter
Lane and Tschache Lane, East of Intersections with North 19th Avenue, Bozeman, Montana,
recorded February 9, 2004, Document No. 2139991, records of Gallatin County, Montana.
27. Overhead Electric Powerline Easement to Northwestern Corporation D/B/A Northwestern
Energy, recorded October 27, 2005, Document No. 2207199, records of Gallatin County,
Montana.
28. Terms, conditions, restrictions and all other disclosures contained in the Easements, Covenants,
Conditions and Restrictions by and between Lowe’s HIW, Inc. and Saccoccia Lands II, LLC and
Saccoccia Lands III, LLC, recorded October 27, 2005, Document No. 2207231 and rerecorded
November 1, 2005, Document No. 2207846, records of Gallatin County, Montana.
First Amendment to Easements, Covenants, Conditions and Restrictions, recorded October 27,
2005, Document No. 2207232, records of Gallatin County, Montana.
Third Amendment to Easement, Covenants, Conditions and Restrictions, recorded June 8, 2007,
Document No. 2268753, records of Gallatin County, Montana.
Second Amendment to Easements, Covenants, Conditions and Restrictions, recorded August 22,
2007, Document No. 2276368, records of Gallatin County, Montana.
BUT DELETING FROM THE HEREINABOVE Covenants and Amendments any covenant,
condition or restriction indicating a preference, limitation or discrimination based on race, color,
religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions
or restrictions violate 42 USC 3604(c).
29. Terms, conditions, restrictions and all other disclosures contained in the Sewer and Water
Pipeline and Access Easement and Agreement, recorded August 22, 2007, Document No.
2276371, records of Gallatin County, Montana.
30. Terms, conditions, restrictions and all other disclosures contained in the Notice of Building
Permit Restrictions Saccoccia Minor Subdivision, recorded June 8, 2007, Document No.
2268750, records of Gallatin County, Montana.
31. Terms, conditions, restrictions and all other disclosures contained in the Subdivision
Improvements Agreement Saccoccia Minor Subdivision, recorded June 8, 2007, Document No.
2268751, records of Gallatin County, Montana.
Assignment of Improvements Agreement, recorded June 8, 2007, Document No. 2268479,
records of Gallatin County, Montana.
32. Terms, conditions, restrictions and all other disclosures contained in the Waiver of Right to
Protest Creation of Park Maintenance District Saccoccia Minor Subdivision, recorded June 8,
2007, Document No. 2268752, records of Gallatin County, Montana.
33. Terms, conditions, restrictions and all other disclosures contained in the Storm Water Drainage
Easement Agreement, recorded August 22, 2007, Document No. 2276366, records of Gallatin
County, Montana.
34. Terms, conditions, restrictions and all other disclosures contained in the Irrevocable Offer to
Dedicate Constructed Infrastructure Underlying Utility Easements, recorded August 22, 2007,
Document No. 2276370, records of Gallatin County, Montana.
35. Terms, conditions, restrictions and all other disclosures contained in the Improvements
Agreement for Tschache Lane Extension and Bridge Project, recorded August 23, 2007,
Document No. 2276499, records of Gallatin County, Montana.
Satisfaction and Release of Condition of Improvements Agreement for Tschache Lane Extension
and Bridge Project, recorded January 8, 2009, Document No. 2318621, records of Gallatin
County, Montana.
36. Terms, conditions, restrictions and all other disclosures contained in the Addendum to Closing
Agreement, recorded October 12, 2007, Document No. 2281479, records of Gallatin County,
Montana.
37. Public Street and Utility Easement to The City of Bozeman, recorded November 15, 2007,
Document No. 2284590, records of Gallatin County, Montana.
38. Terms, conditions, restrictions and all other disclosures contained in the Sewer and Water
Pipeline and Access Easement and Agreement, recorded October 3, 2008, Document No.
2312068, records of Gallatin County, Montana.
39. UCC Financing Statement by Christian Center First Assembly of God of Bozeman, Inc., Debtor,
to Assemblies of God Loan Fund, Secured Party, filed July 31, 2013, Document No. 2457620,
records of Gallatin County, Montana.
40. DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS AND SECURITY
AGREEMENT to secure an indebtedness and any other amounts and/or obligations thereby:
Dated: November 9, 2012
Grantor: Christian Center First Assembly of God of Bozeman, Inc.,, a Montana religious
corporation
Trustee: Security Title Company
Beneficiary: Assemblies of God Loan Fund, a Missouri nonprofit corporation
Amount: $600,000.00
Recorded: November 9, 2012, Document No. 2431689, records of Gallatin County, Montana.
(Affects this and other real property)
NOTE: Copies of documents creating exceptions herein may be obtained upon request.
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.
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
NOTE: The attached county map/plat/survey is for reference purposes only. Security Title
Company of Montana assumes no liability for the accuracy thereof.
PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand
that you may be concerned about what we will do with such information - particularly any personal or financial information. We
agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our
underwriters, First American Title Insurance Company and Old Republic National Title Insurance Company, we have adopted
this Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may
use information we have obtained from any other source, such as information obtained from a public record or from another
person or entity. First American has also adopted broader guidelines that govern their use of personal information regardless of
its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on their website at
www.firstam.com.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
! Information we receive from you on applications, forms and in other communications to us, whether in writing, in
person, by telephone or any other means;
! Information about your transactions with us, our affiliated companies, or others; and
! Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any non-affiliated party.
Therefore, we will not release your information to non-affiliated parties except; (1) as necessary for us to provide the product or
service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including
the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as
quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above
to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers,
property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such
as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the
information we collect, as described above to companies that perform marketing services on our behalf, on behalf of our
affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing
agreements.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to
nonpublic personal information about you to those individuals and entities who need to know that information to provide
products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your
information will be handled responsibly and in accordance with this Privacy Policy and First American=s Fair Information
Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your
nonpublic personal information.
Serving Gallatin, Madison and Park Counties
600 South 19th Ave. (59718) Post Office Box 6550 (59771-6550) Bozeman, Montana
Phone: 406.522.5500 Fax: 406.522.5501 Web: www.sectitle.com