HomeMy WebLinkAbout21- Certificate of City Attorney - Final Plat of Allison Subdivision Phase 4A - Bon Ton, Inc. J-702
Timothy A. Cooper
P.O. Box. 1230
Bozeman,MT 59771-1230
2761504
Page: 1 of 12 12/14/2021 03:04:42 PM Fee: $5.00
Eric Samar ad - Gailatin County, MT PLATCTF
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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 Allison Subdivision Phase 4A, more particularly described in the attached Platting
Certificate, incorporated herein by reference, is owned by:
Bon Ton,Inc., of Billings, a Montana corporation.
This certificate is based upon the attached Platting Certificate issued by American Land
Title Company of Gallatin County, Montana as of the 15th day of November,2021,at 12:00 o'clock
A.M., and is so certified subject to the restrictions contained therein.
CITY ATTORNEY
By:•
Timothy A. Cooper,As istant City Attorney
SUBSCRIBED AND SWORN TO before me this#day of December, 2021.
THER SIENVENUE LA f e A(I nA
(Votary Public
r 'apTAR;A�.m- 771 "Aft
for the State of Montana otar Public for the State o ontana
Residing at: y
SEAL.�', Bozeman, Montana
q •• �s.P. My commission Expires:
, ` January26,2022
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PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE
Policy No. 7170-1-1S-05200-2021.7208926-4561771
CHICAGO TITLE INSURANCE COMPANY
To the County of Gallatin and the city of Bozeman in Montana.
CHICAGO TITLE INSURANCE COMPANY, a Florida corporation with its principal office in
the City of Jacksonville, Florida and duly authorized to insure titles in Montana hereby
certifies that from its examination of these public records which impart constructive
notice of matters affecting the title to the real estate described in Schedule A hereof, as
of the 11/15/2021, at 5 o'clock P.M., the title to the described real estate was
indefeasibly vested in fee simple of record in:
Bon Ton, Inc., of Billings, a Montana corporation
subject only to the objections, liens charges, encumbrances and other matters shown
under Schedule B hereof.
The maximum liability of the undersigned under this certificate is limited to the sum of
$200.
This certificate of title is made in consideration of the payment of the premium by the
subdivider of the land for the use of the County and City above named.
Authorized Officer or Agent CHICAGO TITLE INSURANCE COMPANY
Wendy K. Schlosser
American Land Title Company of
Montana r i�
1800 W Koch St, Suite 1
Bozeman, MT 59715 r arrnsr Pm+idcm
Tel:406-587-5563
Fax:406-587-8038 �
�2
Auth rized Signatory
Wendy K. Schlosser
Reorder Form No.9113(Reprinted 11l03) Preliminary Subdivision Certificate of Title
For Use in Montana
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SCHEDULE A
Policy Number: 7208926-224561771
Order No.: 1 S-05200
Liability: $200.00 Fee: $160.00
Dated: November 15, 2021 at 12:00 AM.
Assured: The County of Gallatin and in the City of Bozeman in Montana.
The assurances referred to on the face page hereof are:
That, according to the public records which, under the recording laws, impart constructive notice of matters relative to the
following described real property:
A tract of land being Lot R-1,Allison Subdivision Phase 4B, (Plat Reference J-692), located in the Northeast one-quarter
and the Southeast one-quarter of Section 24, Township 2 South, Range 5 East, Principal Meridian Montana (P.M.M.), City
of Bozeman, Gallatin County, Montana.
The above described tract of land is to be known and designated as Allison Subdivision Phase 4A, City of Bozeman,
Gallatin County, Montana.
Title to said real property is vested in: Bon Ton, Inc., of Billings, a Montana corporation
Subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their
property.
Exceptions:
1. 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.
2. 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 or title to water or other matters relating thereto, whether expressed or implied and
whether or not shown by the public records.
3. Taxes for the year 2D22 and subsequent years. Taxes for the year 2021 are paid. (Taxes for the year 2021 -first
half-$115.41, second half-$115.40. Parcel No. RGG1584)
Platting Certificate 1S-05200
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SCHEDULE A
Policy Number: 7208926-224561771
4. Special assessments levied by the City of Bozeman for 2021-2022 under Account No. 135870:
First Half:
Parks &Trails District.
Arterial& Collector.
Street Maintenance.
Tree Maintenance,
First Half Amount: $241.58. Installment is paid.
Second Half:
Parks &Trails District.
Arterial&Collector.
Street Maintenance.
Tree Maintenance.
Second Half Amount: $241.58. 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.
5. Declaration of Covenants and Homeowners'Association for Allison Subdivision—Phase 2 recorded as Document
No. 2088651 and Amendment recorded April 21, 2021, as Document No. 2729959, 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.
6. Declaration of Protective Covenants, Conditions and Restrictions for Allison Subdivision and ByLaws of Allison
Subdivision Owners Association, Inc. recorded July 28, 2021, as Document No. 2743087, records of Gallatin
County, Montana, 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.
7. Matters as disclosed on Certificate of Survey No. 252, records of Gallatin County, Montana, including the terms
and provisions therein.
8. All notes, easements and disclosures as contained on the recorded plat for Allison Subdivision—Phase 2(J-306),
Allison Subdivision Phase 3A(J-584) and Allison Subdivision Phase 4B (J-692), records of Gallatin County,
Montana, including the terms and provisions therein.
9. Improvements Agreement recorded January 4, 2001 as Document No. 2027932, records of Gallatin County,
Montana, including the terms and provisions therein.
10. Improvements Agreement for Allison Major Subdivision, Phase IIIA(Sidewalk Improvements) recorded April 12,
2016, as Document No. 2542163, records of Gallatin County, Montana, including the terms and provisions therein.
11. Improvements Agreement for Allison Subdivision Phase IIIA Major Subdivision (Open Space and Landscaping
Improvements and Street Lighting) recorded April 12, 2016, as Document No. 2542164, records of Gallatin
County, Montana, including the terms and provisions therein.
Platting Certificate 95-05200
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SCHEDULE A
Policy Number: 7203926-224561771
12. Easement and Right of Way Agreement for a Water Main to the City of Bozeman recorded December 24, 1984 in
Film 85, page 4829, records of Gallatin County, Montana, including the terms and provisions therein.
13. Grant of Drainage Easement, Allison Minor Subdivision, recorded October 5, 1999 in Film 203, page 3514,
records of Gallatin County, Montana, including the terms and provisions therein.
14. Grant of Temporary 50 Foot Diameter Street Easement,Allison Minor Subdivision recorded September 5, 1999 in
Film 203, page 3518, records of Gallatin County, Montana, including the terms and provisions therein.
15. Water and Sewer Pipeline Access Easement and Agreement to the City of Bozeman recorded September 5,
2003, as Document No. 2122421, records of Gallatin County, Montana, including the terms and provisions therein.
16. Temporary Storm Water Facility Easement to The City of Bozeman recorded November 10, 2016, as Document
No. 2563372, records of Gallatin County, Montana, including the terms and provisions therein.
17. Public Street and Utility Easement to The City of Bozeman recorded November 10, 2016, as Document No.
2563373, records of Gallatin County, Montana, including the terms and provisions therein.
18. Agreement for Extinguishment of Easement recorded October 30, 2002, as Document No. 2085923, records of
Gallatin County, Montana, including the terms and provisions therein.
19, Temporary Storm Water Facility Easement City of Bozeman, Gallatin County, Montana, recorded July 7, 2017, as
Document No. 2584904, records of Gallatin County, Montana, including the terms and provisions therein.
20. Public Street and Utility Easement to the City of Bozeman, recorded July 7, 2017, as Document No. 2584905,
records of Gallatin County, Montana, including the terms and provisions therein.
21. Public Street and Utility Easement to the City of Bozeman, recorded July 7, 2017, as Document No. 2584907,
records of Gallatin County, Montana, including the terms and provisions therein.
22. Temporary Storm Water Facility Easement City of Bozeman, Gallatin County, Montana between Bon Ton Inc.,
Grantor and City of Bozeman, Grantee, recorded July 18, 2017, as Document No. 2585890, records of Gallatin
County, Montana, including the terms and provisions therein.
23. Resolution No. 5003, a Resolution of the City Commission of the City of Bozeman, Montana, creating a paycheck
district requiring certain properties to reimburse the City for certain costs associated with the construction of South
11th Avenue between Campus Boulevard and Graf Street, recorded April 12, 2019 as Document No. 2642121,
records of Gallatin County, Montana, including the terms and provisions therein.
24. Notice of Building Permit Restrictions Allison Phase 413 Subdivision, recorded July 28, 2021, as Document No.
2743085, records of Gallatin County, Montana, including the terms and provisions therein.
25. Mortgage from Bon Ton of Billings Inc, who acquired title as Bon Ton Inc of Billings, as Mortgagor to Stockman
Bank of Montana, as Mortgagee in the amount of$3,819,585.64, dated April 2, 2021 and recorded May 3,2021,
as Document No. 2732071, records of Gallatin County, Montana.
26. Mortgage from Bon Ton of Billings Inc,who acquired title as Bon Ton Inc of Billings, as Mortgagor to Stockman
Bank of Montana, as Mortgagee in the amount of$125,343.00, dated October 4, 2021 and recorded October 7,
2021, as Document No. 2754101, records of Gallatin County, Montana.
Platting Certificate 15-05200
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SCHEDULE A
Policy Number: 7208926-224561771
27, Mortgage from Bon Ton of Billings Inc,who acquired title as Bon Ton Inc of Billings, as Mortgagor to Stockman
Bank of Montana, as Mortgagee in the amount of$129,131.10, dated October 4,2021 and recorded October 7,
2021, as Document No.2754108, records of Gallatin County, Montana.
28. No search has been made for 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. Any liability thereon is excluded
from coverage of this certificate,
END OF SCHEDULE A
Platting Certificate IS-05200
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Guarantee Conditions and Stipulations (12116195)
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)
Platting Certificate 1S-05200
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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:
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.
(Continued)
Platting Certificate 1S-05200
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GUARANTEE CONDITIONS AND STIPULATIONS (Continued)
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.
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.
(Continued)
Platting Certificate IS-05200
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GUARANTEE CONDITIONS AND STIPULATIONS (Continued)
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.
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.
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.
(Continued)
Platting Certificate 1 S-D52Q0
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GUARANTEE CONDITIONS AND STIPULATIONS (Continued)
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.
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.
(Continued)
Platting Certificate 18-05200
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GUARANTEE CONDITIONS AND STIPULATIONS (Continued)
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.Ali 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.
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 to the Company and any statement in writing required to be furnished to the
Company shall include the number of this Guarantee and shall be addressed to CHICAGO TITLE INSURANCE
COMPANY, Attn: Claims Department, P.O. Box 45023, Jacksonville, FL 32232-5023.
Platting Certificate 1S-05200